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2008 Revised Code of Washington
Volume 8: Titles 84 through 91, Popular Names Table and General Index


Download as PDF VOLUME 8 Titles 84 through 91 Popular Names Table This table lists a number of legislative acts by their popularly known name and sets forth the RCW Title(s), chapter(s), or section(s) under which the act is found in the Revised Code of Washington. General Index Revised Code of Washington and State Constitution (See Volume 0 for Special Index to State Constitution) 2008 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2008 regular session, which adjourned sine die March 13, 2008. (2008 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2008 Edition © 2008 State of Washington CERTIFICATE The 2008 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2008 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the Rules of Court and the State Constitution. Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are tabulated in numerical order in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's Revised Statutes. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, within the limits of available time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2008 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p iv] (2008 Ed.) Title 84 Title 84 PROPERTY TAXES Chapters 84.04 Definitions. 84.08 General powers and duties of department of revenue. 84.09 General provisions. 84.12 Assessment and taxation of public utilities. 84.14 New and rehabilitated multiple-unit dwellings in urban centers. 84.16 Assessment and taxation of private car companies. 84.20 Easements of public utilities. 84.26 Historic property. 84.33 Timber and forest lands. 84.34 Open space, agricultural, timber lands—Current use—Conservation futures. 84.36 Exemptions. 84.37 Property tax deferral program. 84.38 Deferral of special assessments and/or property taxes. 84.39 Property tax exemption—Widows or widowers of veterans. 84.40 Listing of property. 84.41 Revaluation of property. 84.44 Taxable situs. 84.48 Equalization of assessments. 84.52 Levy of taxes. 84.55 Limitations upon regular property taxes. 84.56 Collection of taxes. 84.60 Lien of taxes. 84.64 Lien foreclosure. 84.68 Recovery of taxes paid or property sold for taxes. 84.69 Refunds. 84.70 Destroyed property—Abatement or refund. 84.72 Federal payments in lieu of taxes. 84.98 Construction. Additional provisions relating to taxes, see titles pertaining to particular taxing authorities, i.e., cities, counties, school districts, etc. Building permits, new construction: Chapter 36.21 RCW. Burying place exempt from execution: RCW 68.24.220. Cemetery associations, nonprofit: RCW 68.20.110, 68.20.120. Cities, unfit buildings: Chapter 35.80 RCW. Cities and towns, prepayment by taxpayer of taxes and assessments owed to: RCW 35.21.650. Columbia Basin project: RCW 89.12.120. Community renewal: Chapter 35.81 RCW. Conservation districts: Chapter 89.08 RCW. Constitutional limitations generally: State Constitution Art. 2 § 40, Art. 7, Art. 11, §§ 9, 12. Counties, prepayment and deposit of taxes and assessments: RCW 36.32.120. Federal agencies and instrumentalities, taxation: State Constitution Art. 7 §§ 1, 3; Title 37 RCW. Flood control district property: RCW 86.09.520. Irrigation district property: RCW 87.03.260. Lease of tax acquired property for underground storage of natural gas: RCW 80.40.070. (2008 Ed.) Limitation on levies: State Constitution Art. 7 § 2. Local improvement trust property: RCW 35.53.010. Olympic National Park: RCW 37.08.210. Personal exemption not applicable to tax levied on such property: RCW 6.15.010. Privilege taxes: Chapter 54.28 RCW. Public utility districts: RCW 54.16.080. Qualifications for persons assessing real property—Examination: RCW 36.21.015. Rainier National Park: RCW 37.08.200. Real estate, excise tax on transfer: Chapters 82.45 and 82.46 RCW. Savings and loan associations: RCW 33.28.040. Tax returns, remittances, etc., filing and receipt: RCW 1.12.070. Taxing districts, general indebtedness limitation: Chapter 39.36 RCW. Termination of tax preferences: Chapter 43.136 RCW. Washington Principal and Income Act of 2002: Chapter 11.104A RCW. Chapter 84.04 Chapter 84.04 RCW DEFINITIONS Sections 84.04.010 84.04.020 84.04.030 84.04.040 84.04.045 84.04.047 84.04.050 84.04.055 84.04.060 84.04.065 84.04.070 84.04.075 84.04.080 84.04.090 84.04.095 84.04.100 84.04.120 84.04.130 84.04.140 84.04.150 Introductory. "Assessed valuation of taxable property," and similar terms. "Assessed value of property." "Assessment year," "fiscal year." "County auditor." "Department." "Householder." "Legal description." "Money," "moneys." Number and gender. "Oath," "swear." "Person." "Personal property." "Real property." Classification of components of irrigation systems. "Tax" and derivatives. "Taxing district." "Tract," "lot," etc. "Regular property taxes," "regular property tax levies." "Computer software" and related terms. 84.04.010 Introductory. Unless otherwise expressly provided or unless the context indicates otherwise, terms used in this title shall have the meaning given to them in this chapter. [1961 c 15 § 84.04.010.] 84.04.010 84.04.020 "Assessed valuation of taxable property," and similar terms. The terms "assessed valuation of taxable property", "valuation of taxable property", "value of taxable property", "taxable value of property", "property assessed" and "value" whenever used in any statute, law, charter or ordinance with relation to the levy of taxes in any taxing district, shall be held and construed to mean "assessed value of property" as defined in RCW 84.04.030. [1961 c 15 § 84.04.020. Prior: 1919 c 142 § 2; RRS § 11227.] 84.04.020 [Title 84 RCW—page 1] 84.04.030 Title 84 RCW: Property Taxes 84.04.030 "Assessed value of property." "Assessed value of property" shall be held and construed to mean the aggregate valuation of the property subject to taxation by any taxing district as placed on the last completed and balanced tax rolls of the county preceding the date of any tax levy. [2001 c 187 § 2; 1997 c 3 § 102 (Referendum Bill No. 47, approved November 4, 1997); 1961 c 15 § 84.04.030. Prior: (i) 1925 ex.s. c 130 § 3; RRS § 11107. (ii) 1919 c 142 § 1, part; RRS § 11226, part.] 84.04.030 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. 84.04.040 "Assessment year," "fiscal year." The assessment year contemplated in this title and the fiscal year contemplated in this title shall commence on January 1st and end on December 31st in each year. [1961 c 15 § 84.04.040. Prior: 1939 c 206 § 39; 1925 ex.s. c 130 § 81; 1897 c 71 § 66; 1893 c 124 § 67; 1890 p 560 § 82; RRS § 11242.] 84.04.040 84.04.045 "County auditor." "County auditor" shall be construed to mean registrar or recorder, whenever it shall be necessary to use the same to the proper construction of this title. [1961 c 15 § 84.04.045. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.045 84.04.047 "Department." "Department" means the department of revenue of the state of Washington. [1979 c 107 § 25.] 84.04.047 84.04.050 "Householder." "Householder" shall be taken to mean and include every person, married or single, who resides within the state of Washington being the owner or holder of an estate or having a house or place of abode, either as owner or lessee. [1961 c 15 § 84.04.050. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.050 84.04.055 "Legal description." "Legal description" shall be given its commonly accepted meaning, but for property tax purposes, the parcel number is sufficient for the legal description. [1989 c 378 § 6.] 84.04.055 84.04.060 "Money," "moneys." "Money" or "moneys" shall be held to mean coin or paper money issued by the United States government. [1998 c 106 § 12; 1961 c 15 § 84.04.060. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.060 84.04.065 Number and gender. Every word importing the singular number only may be extended to or embrace the plural number, and every word importing the plural number may be applied and limited to the singular number, and every word importing the masculine gender only may be extended 84.04.065 [Title 84 RCW—page 2] and applied to females as well as males. [1961 c 15 § 84.04.065. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.070 "Oath," "swear." "Oath" may be held to mean affirmation, and the word "swear" may be held to mean affirm. [1961 c 15 § 84.04.070. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.070 84.04.075 "Person." "Person" shall be construed to include firm, company, association or corporation. [1961 c 15 § 84.04.075. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.075 84.04.080 "Personal property." "Personal property" for the purposes of taxation, shall be held and construed to embrace and include, without especially defining and enumerating it, all goods, chattels, stocks, estates or moneys; all standing timber held or owned separately from the ownership of the land on which it may stand; all fish trap, pound net, reef net, set net and drag seine fishing locations; all leases of real property and leasehold interests therein for a term less than the life of the holder; all improvements upon lands the fee of which is still vested in the United States, or in the state of Washington; all gas and water mains and pipes laid in roads, streets or alleys; and all property of whatsoever kind, name, nature and description, which the law may define or the courts interpret, declare and hold to be personal property for the purpose of taxation and as being subject to the laws and under the jurisdiction of the courts of this state, whether the same be any marine craft, as ships and vessels, or other property holden under the laws and jurisdiction of the courts of this state, be the same at home or abroad: PROVIDED, That mortgages, notes, accounts, certificates of deposit, tax certificates, judgments, state, county, municipal and taxing district bonds and warrants shall not be considered as property for the purpose of this title, and no deduction shall hereafter be made or allowed on account of any indebtedness owed. [1961 c 15 § 84.04.080. Prior: 1925 ex.s. c 130 § 5, part; 1907 c 108 §§ 1, 2; 1907 c 48 § 1, part; 1901 ex.s. c 2 § 1, part; 1897 c 71 § 3, part; 1895 c 176 § 1, part; 1893 c 124 § 3, part; 1891 c 140 § 3, part; 1890 p 530 § 3, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; 1871 p 37 § 1, part; 1869 p 176 § 3, part; 1854 p 332 § 4, part; RRS § 11109, part.] 84.04.080 Fox, mink, marten declared personalty: RCW 16.72.030. 84.04.090 "Real property." The term "real property" for the purposes of taxation shall be held and construed to mean and include the land itself, whether laid out in town lots or otherwise, and all buildings, structures or improvements or other fixtures of whatsoever kind thereon, except improvements upon lands the fee of which is still vested in the United States, or in the state of Washington, and all rights and privileges thereto belonging or in any wise appertaining, except leases of real property and leasehold interests therein for a term less than the life of the holder; and all substances in and 84.04.090 (2008 Ed.) Definitions under the same; all standing timber growing thereon, except standing timber owned separately from the ownership of the land upon which the same may stand or be growing; and all property which the law defines or the courts may interpret, declare and hold to be real property under the letter, spirit, intent and meaning of the law for the purposes of taxation. The term real property shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being permanently fixed in location upon land owned or leased by the owner of the mobile home and placed on a permanent foundation (posts or blocks) with fixed pipe connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040. [1987 c 155 § 1; 1985 c 395 § 2; 1971 ex.s. c 299 § 70; 1961 c 15 § 84.04.090. Prior: 1925 ex.s. c 130 § 4; 1897 c 71 § 2; 1893 c 124 § 2; 1891 c 140 § 2; 1890 p 530 § 2; 1886 p 48 § 2, part; Code 1881 § 2830, part; 1871 p 37 § 2; 1869 p 176 § 2; RRS § 11108.] Effective date—1971 ex.s. c 299: See RCW 82.50.901(3). Severability—1971 ex.s. c 299: See note following RCW 82.04.050. 84.04.095 Classification of components of irrigation systems. Notwithstanding RCW 84.04.080 and 84.04.090, the department shall classify, by rule, the components of irrigation systems as real or personal property for purposes of taxation under this title. [1987 c 319 § 8.] 84.04.095 84.04.100 "Tax" and derivatives. The word "tax" and its derivatives, "taxes," "taxing," "taxed," "taxation" and so forth shall be held and construed to mean the imposing of burdens upon property in proportion to the value thereof, for the purpose of raising revenue for public purposes. [1961 c 15 § 84.04.100. Prior: 1925 ex.s. c 130 § 1; 1897 c 71 § 1; 1893 c 124 § 1; RRS § 11105.] 84.04.100 84.04.120 "Taxing district." "Taxing district" shall be held and construed to mean and include the state and any county, city, town, port district, school district, road district, metropolitan park district, water-sewer district or other municipal corporation, now or hereafter existing, having the power or authorized by law to impose burdens upon property within the district in proportion to the value thereof, for the purpose of obtaining revenue for public purposes, as distinguished from municipal corporations authorized to impose burdens, or for which burdens may be imposed, for such purposes, upon property in proportion to the benefits accruing thereto. [1999 c 153 § 69; 1961 c 15 § 84.04.120. Prior: (i) 1919 c 142 § 1, part; RRS § 11226, part. (ii) 1925 ex.s. c 130 § 2; RRS § 11106.] 84.04.120 Part headings not law—1999 c 153: See note following RCW 57.04.050. 84.04.130 "Tract," "lot," etc. "Tract" or "lot," and "piece or parcel of real property," and "piece or parcel of lands" shall each be held to mean any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant, person or company. [1961 c 15 § 84.04.130. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, 84.04.130 (2008 Ed.) 84.04.150 part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.] 84.04.140 "Regular property taxes," "regular property tax levies." The term "regular property taxes" and the term "regular property tax levy" shall mean a property tax levy by or for a taxing district which levy is subject to the aggregate limitation set forth in RCW 84.52.043 and 84.52.050, as now or hereafter amended, or which is imposed by or for a port district or a public utility district. [1973 1st ex.s. c 195 § 88; 1971 ex.s. c 288 § 13.] 84.04.140 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.04.150 "Computer software" and related terms. (1) "Computer software" is a set of directions or instructions that exist in the form of machine-readable or human-readable code, is recorded on physical or electronic medium, and directs the operation of a computer system or other machinery or equipment. "Computer software" includes the associated documentation that describes the code and its use, operation, and maintenance and typically is delivered with the code to the user. "Computer software" does not include databases. A "database" is text, data, or other information that may be accessed or managed with the aid of computer software but that does not itself have the capacity to direct the operation of a computer system or other machinery or equipment. (2) "Custom computer software" is computer software that is designed for a single person’s or a small group of persons’ specific needs. "Custom computer software" includes modifications to canned computer software and can be developed in-house by the user, by outside developers, or by both. A group of four or more persons is presumed not to be a small group of persons for the purposes of this subsection unless each of the persons is affiliated through common control and ownership. The department may by rule provide a definition of small group and affiliates consistent with this subsection. For purposes of this subsection, "person" has the meaning given in RCW 82.04.030. (3) "Canned computer software," occasionally known as prewritten or standard software, is computer software that is designed for and distributed "as is" for multiple persons who can use it without modifying its code and that is not otherwise considered custom computer software. (4) "Embedded software" is computer software that resides permanently on some internal memory device in a computer system or other machinery or equipment, that is not removable in the ordinary course of operation, and that is of a type necessary for the routine operation of the computer system or other machinery or equipment. "Embedded software" may be either canned or custom computer software. (5) "Retained rights" are any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a computer software developer, author, inventor, publisher, licensor, sublicensor, or distributor. 84.04.150 [Title 84 RCW—page 3] Chapter 84.08 Title 84 RCW: Property Taxes (6) A "golden" or "master" copy of computer software is a copy of computer software from which a computer software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. [1991 sp.s. c 29 § 2.] Findings—Intent—1991 sp.s. c 29: "(1) The legislature finds that: (a) Computer software is a class of personal property that is itself comprised of several different subclasses of personal property which can be distinguished by their use, development, distribution, and relationship to hardware, and includes custom software, canned software, and embedded software; (b) Because different classes of software serve different needs, may be used by different taxpayers, and present different administrative burdens on both the state and the citizens of the state of Washington, the different classes of software should be treated differently for tax purposes; (c) Canned software should continue to be subject to property tax, but, because of its rapid obsolescence, should be subject to tax for only two years; and the taxable interest should reside with the end user; (d) Canned software that has been modified should continue to be taxable on the canned portion of the software; (e) Embedded software should continue to be taxed as part of the machinery or equipment of which it is a part; (f) Custom software should be exempt from taxation, in part because of the difficulty in accurately and uniformly determining the value of such software; (g) Retained rights in computer software should be exempt from the property tax in part because of the difficulty in accurately and uniformly determining the value of such software, the difficulty in determining the scope and situs of such rights, and the adverse economic consequences to the state of taxing such rights; and (h) So-called "golden" or "master" copies of software should be exempt from property tax like business inventory. (2) It is the intent of the legislature that: (a) The voluntary compliance nature of the personal property tax system should be preserved and nothing in this act shall be construed to reduce the taxpayer’s obligation to fully and accurately list all taxable computer software; (b) Computer software should be listed and assessed for property taxes payable in 1991 and 1992 in the same manner and to the same extent as computer software was listed and assessed for taxes due in 1989; (c) The definition of custom software, golden or master copies, and retained rights shall be liberally construed in accordance with the purposes of this act; (d) This act shall provide fairness, equity, and uniformity in the property tax treatment of each class of computer software in the state of Washington; and (e) No inference should be taken from this act regarding the application of the property tax to databases." [1991 sp.s. c 29 § 1.] Severability—1991 sp.s. c 29: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 sp.s. c 29 § 8.] Application—Taxes collected in 1993—1991 sp.s. c 29: "Sections 2 through 4 and 6 of this act apply to taxes levied for collection in 1993, and thereafter." [1991 sp.s. c 29 § 9.] Chapter 84.08 Chapter 84.08 RCW GENERAL POWERS AND DUTIES OF DEPARTMENT OF REVENUE Sections 84.08.005 84.08.010 84.08.020 84.08.030 84.08.040 84.08.050 Adoption of provisions of chapter 82.01 RCW. Powers of department of revenue—General supervision— Rules and processes—Visitation of counties. Additional powers—To advise county and local officers— Books and blanks—Reports. Additional powers—To test work of assessors—Supplemental assessment lists—Audits. Additional powers—To keep valuation records—Access to files of other public offices. Additional powers—Access to books and records—Hearings—Investigation of complaints. [Title 84 RCW—page 4] 84.08.060 84.08.070 84.08.080 84.08.115 84.08.120 84.08.130 84.08.140 84.08.190 84.08.210 Additional powers—Power over county boards of equalization—Reconvening—Limitation on increase in property value in appeals to board of tax appeals from county board of equalization. Rules and regulations authorized. Department to decide questions of interpretation. Department to prepare explanation of property tax system. Duty to obey orders of department of revenue. Appeals from county board of equalization to board of tax appeals—Notice. Appeals from levy of taxing district to department of revenue. Assessors to meet with department of revenue. Confidentiality and privilege of tax information—Exceptions—Penalty. Constitutional limitations on taxation: State Constitution Art. 2 § 40, Art. 7, Art. 11, §§ 9, 12. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Taxing districts, general limitation of indebtedness: Chapter 39.36 RCW. 84.08.005 Adoption of provisions of chapter 82.01 RCW. The provisions of chapter 82.01 RCW, as now or hereafter amended, apply to Title 84 RCW as fully as though they were set forth herein. [1961 c 15 § 84.08.005.] 84.08.005 84.08.010 Powers of department of revenue—General supervision—Rules and processes—Visitation of counties. The department of revenue shall: (1) Exercise general supervision and control over the administration of the assessment and tax laws of the state, over county assessors, and county boards of equalization, and over boards of county commissioners, county treasurers and county auditors and all other county officers, in the performance of their duties relating to taxation, and perform any act or give any order or direction to any county board of equalization or to any county assessor or to any other county officer as to the valuation of any property, or class or classes of property in any county, township, city or town, or as to any other matter relating to the administration of the assessment and taxation laws of the state, which, in the department’s judgment may seem just and necessary, to the end that all taxable property in this state shall be listed upon the assessment rolls and valued and assessed according to the provisions of law, and equalized between persons, firms, companies and corporations, and between the different counties of this state, and between the different taxing units and townships, so that equality of taxation and uniformity of administration shall be secured and all taxes shall be collected according to the provisions of law. (2) Formulate such rules and processes for the assessment of both real and personal property for purposes of taxation as are best calculated to secure uniform assessment of property of like kind and value in the various taxing units of the state, and relative uniformity between properties of different kinds and values in the same taxing unit. The department of revenue shall furnish to each county assessor a copy of the rules and processes so formulated. The department of revenue may, from time to time, make such changes in the rules and processes so formulated as it deems advisable to accomplish the purpose thereof, and it shall inform all county assessors of such changes. (3) Visit the counties in the state, unless prevented by necessary official duties, for the investigation of the methods adopted by the county assessors and county boards of commissioners in the assessment and equalization of taxation of 84.08.010 (2008 Ed.) General Powers and Duties of Department of Revenue real and personal property; carefully examine into all cases where evasion of property taxation is alleged, and ascertain where existing laws are defective, or improperly or negligently administered. [1975 1st ex.s. c 278 § 147; 1961 c 15 § 84.08.010. Prior: 1939 c 206 §§ 4, part and 5, part; 1935 c 127 § 1, part; 1931 c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; 1907 c 220 § 1, part; 1905 c 115 § 2, part; RRS §§ 11091 (first), part and 11091 (second), part.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.020 Additional powers—To advise county and local officers—Books and blanks—Reports. The department of revenue shall: (1) Confer with, advise and direct assessors, boards of equalization, county boards of commissioners, county treasurers, county auditors and all other county and township officers as to their duties under the law and statutes of the state, relating to taxation, and direct what proceedings, actions or prosecutions shall be instituted to support the law relating to the penalties, liabilities and punishment of public officers, persons, and officers or agents of corporations for failure or neglect to comply with the provisions of the statutes governing the return, assessment and taxation of property, and the collection of taxes, and cause complaint to be made against any of such public officers in the proper county for their removal from office for official misconduct or neglect of duty. In the execution of these powers and duties the said department or any member thereof may call upon prosecuting attorneys or the attorney general, who shall assist in the commencement and prosecution for penalties and forfeiture, liabilities and punishments for violations of the laws of the state in respect to the assessment and taxation of property. (2) Prescribe all forms of books and blanks to be used in the assessment and collection of taxes, and change such forms when prescribed by law, and recommend to the legislature such changes as may be deemed most economical to the state and counties, and such recommendation shall be accompanied by carefully prepared bill or bills for this end. (3) Require county, city and town officers to report information as to assessments of property, equalization of taxes, the expenditure of public funds for all purposes, and other information which said department of revenue may request. [1975 1st ex.s. c 278 § 148; 1961 c 15 § 84.08.020. Prior: 1939 c 206 § 5, part; 1935 c 127 § 1, part; 1921 c 7 §§ 50, 53; 1907 c 220 § 1, part; 1905 c 115 § 2, part; RRS § 11091 (second), part.] 84.08.020 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.030 Additional powers—To test work of assessors—Supplemental assessment lists—Audits. The department of revenue shall examine and test the work of county assessors at any time, and have and possess all rights and powers of such assessors for the examination of persons, and property, and for the discovery of property subject to taxation, and if it shall ascertain that any taxable property is omitted from the assessment list, or not assessed or valued according to law, it shall bring the same to the attention of the assessor of the proper county in writing, and if such assessor 84.08.030 (2008 Ed.) 84.08.050 shall neglect or refuse to comply with the request of the department of revenue to place such property on the assessment list, or to correct such incorrect assessment or valuation the department of revenue shall have the power to prepare a supplement to such assessment list, which supplement shall include all property required by the department of revenue to be placed on the assessment list and all corrections required to be made. Such supplement shall be filed with the assessor’s assessment list and shall thereafter constitute an integral part thereof to the exclusion of all portions of the original assessment list inconsistent therewith, and shall be submitted therewith to the county board of equalization. As part of the examining and testing of the work of county assessors to be accomplished pursuant to this section, the department of revenue shall audit statewide at least one-half of one percent of all personal property accounts listed each calendar year. [1975-’76 2nd ex.s. c 94 § 1; 1967 ex.s. c 149 § 30; 1961 c 15 § 84.08.030. Prior: 1939 c 206 § 4, part; 1931 c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; RRS § 11091 (first).] Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.08.040 Additional powers—To keep valuation records—Access to files of other public offices. The department of revenue shall secure, tabulate, and keep records of valuations of all classes of property throughout the state, and for that purpose, shall have access to all records and files of state offices and departments and county and municipal offices and shall require all public officers and employees whose duties make it possible to ascertain valuations, including valuations of property of public service corporations for rate making purposes to file reports with the department of revenue, giving such information as to such valuation and the source thereof: PROVIDED, That the nature and kind of the tabulations, records of valuation and requirements from public officers, as stated herein, shall be in such form, and cover such valuations, as the department of revenue shall prescribe. [1975 1st ex.s. c 278 § 149; 1961 c 15 § 84.08.040. Prior: 1939 c 206 § 4, part; 1931 c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; RRS § 11091 (first), part.] 84.08.040 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.050 Additional powers—Access to books and records—Hearings—Investigation of complaints. (1) The department of revenue shall: (a) Require individuals, partnerships, companies, associations and corporations to furnish information as to their capital, funded debts, investments, value of property, earnings, taxes and all other facts called for on these subjects so that the department may determine the taxable value of any property or any other fact it may consider necessary to carry out any duties now or hereafter imposed upon it, or may ascertain the relative burdens borne by all kinds and classes of property within the state, and for these purposes their records, books, accounts, papers and memoranda shall be subject to production and inspection, investigation and examination by the 84.08.050 [Title 84 RCW—page 5] 84.08.060 Title 84 RCW: Property Taxes department, or any employee thereof designated by the department for such purpose, and any or all real and/or personal property in this state shall be subject to visitation, investigation, examination and/or listing at any and all times by the department or by any employee thereof designated by the department. (b) Summon witnesses to appear and testify on the subject of capital, funded debts, investments, value of property, earnings, taxes, and all other facts called for on these subjects, or upon any matter deemed material to the proper assessment of property, or to the investigation of the system of taxation, or the expenditure of public funds for state, county, district and municipal purposes: PROVIDED, HOWEVER, No person shall be required to testify outside of the county in which the taxpayer’s residence, office or principal place of business, as the case may be, is located. Such summons shall be served in like manner as a subpoena issued out of the superior court and be served by the sheriff of the proper county, and such service certified by him or her to the department without compensation therefor. Persons appearing before the department in obedience to a summons shall in the discretion of the department receive the same compensation as witnesses in the superior court. (c) Thoroughly investigate all complaints which may be made to it of illegal, unjust or excessive taxation, and shall endeavor to ascertain to what extent and in what manner, if at all, the present system is inequal or oppressive. (2) Any member of the department or any employee thereof designated for that purpose may administer oaths to witnesses. (3)(a) In case any witness shall fail to obey the summons to appear, or refuse to testify, or shall fail or refuse to comply with any of the provisions of subsection (1)(a) or (b) of this section, such person, for each separate or repeated offense, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars, nor more than five thousand dollars. (b) Any person who shall testify falsely is guilty of perjury and shall be punished under chapter 9A.72 RCW. [2003 c 53 § 407; 1973 c 95 § 8; 1961 c 15 § 84.08.050. Prior: 1939 c 206 § 5, part; 1935 c 127 § 1, part; 1921 c 7 §§ 50, 53; 1907 c 220 § 1, part; 1905 c 115 § 2, part; RRS § 11091 (second), part.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 84.08.060 Additional powers—Power over county boards of equalization—Reconvening—Limitation on increase in property value in appeals to board of tax appeals from county board of equalization. The department of revenue shall have power to direct and to order any county board of equalization to raise or lower the valuation of any taxable property, or to add any property to the assessment list, or to perform or complete any other duty required by statute. The department of revenue may require any such board of equalization to reconvene after its adjournment for the purpose of performing any order or requirement made by the department of revenue and may make such orders as it shall determine to be just and necessary. The department may require any county board of equalization to reconvene at any time for the purpose of performing or completing any duty or 84.08.060 [Title 84 RCW—page 6] taking any action it might lawfully have performed or taken at any of its previous meetings. No board may be reconvened later than three years after the date of adjournment of its regularly convened session. If such board of equalization shall fail or refuse forthwith to comply with any such order or requirement of the department of revenue, the department of revenue shall have power to take any other appropriate action, or to make such correction or change in the assessment list, and such corrections and changes shall be a part of the record of the proceedings of the said board of equalization: PROVIDED, That in all cases where the department of revenue shall raise the valuation of any property or add property to the assessment list, it shall give notice either for the same time and in the same manner as is now required in like cases of county boards of equalization, or if it shall deem such method of giving notice impracticable it shall give notice by publication thereof in a newspaper of general circulation within the county in which the property affected is situated once each week for two consecutive weeks, and the department of revenue shall not proceed to raise such valuation or add such property to the assessment list until a period of five days shall have elapsed subsequent to the date of the last publication of such notice: PROVIDED FURTHER, That appeals to the board of tax appeals by any taxpayer or taxing unit concerning any action of the county board of equalization shall not raise the valuation of the property to an amount greater than the larger of either the valuation of the property by the county assessor or the valuation of the property assigned by the county board of equalization. Such notice shall give the legal description of each tract of land involved, or a general description in case of personal property; the tax record-owner thereof; the assessed value thereof determined by the county board of equalization in case the property is on the assessment roll; and the assessed value thereof as determined by the department of revenue and shall state that the department of revenue proposes to increase the assessed valuation of such property to the amount stated and to add such property to the assessment list at the assessed valuation stated. The necessary expense incurred by the department of revenue in making such reassessment and/or adding such property to the assessment list shall be borne by the county or township in which the property as reassessed and/or so added to the assessment list is situated and shall be paid out of the proper funds of such county upon the order of the department of revenue. [1988 c 222 § 9; 1982 1st ex.s. c 46 § 11; 1975 1st ex.s. c 278 § 150; 1961 c 15 § 84.08.060. Prior: 1939 c 206 § 4, part; 1931 c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; RRS § 11091 (first), part.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.070 Rules and regulations authorized. The department of revenue shall make such rules and regulations as may be necessary to carry out the powers granted by this chapter, and for conducting hearings and other proceedings before it. [1975 1st ex.s. c 278 § 151; 1961 c 15 § 84.08.070. Prior: 1939 c 206 § 4, part; 1931 c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; RRS § 11091 (first), part. FORMER PART OF SECTION: 1935 c 123 § 18 now codified as RCW 84.12.390.] 84.08.070 (2008 Ed.) General Powers and Duties of Department of Revenue Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.080 Department to decide questions of interpretation. The department of revenue shall, with the advice of the attorney general, decide all questions that may arise in reference to the true construction or interpretation of this title, or any part thereof, with reference to the powers and duties of taxing district officers, and such decision shall have force and effect until modified or annulled by the judgment or decree of a court of competent jurisdiction. [1975 1st ex.s. c 278 § 152; 1961 c 15 § 84.08.080. Prior: 1925 ex.s. c 130 § 111; 1897 c 71 § 92; 1895 c 176 § 20; 1893 c 124 § 95; RRS § 11272.] 84.08.080 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.115 Department to prepare explanation of property tax system. (1) The department shall prepare a clear and succinct explanation of the property tax system, including but not limited to: (a) The standard of true and fair value as the basis of the property tax. (b) How the assessed value for particular parcels is determined. (c) The procedures and timing of the assessment process. (d) How district levy rates are determined, including the limit under chapter 84.55 RCW. (e) How the composite tax rate is determined. (f) How the amount of tax is calculated. (g) How a taxpayer may appeal an assessment, and what issues are appropriate as a basis of appeal. (h) A summary of tax exemption and relief programs, along with the eligibility standards and application processes. (2) Each county assessor shall provide copies of the explanation to taxpayers on request, free of charge. Each revaluation notice shall include information regarding the availability of the explanation. [1997 c 3 § 207 (Referendum Bill No. 47, approved November 4, 1997); 1991 c 218 § 2.] 84.08.115 Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1991 c 218: See note following RCW 36.21.015. 84.08.120 Duty to obey orders of department of revenue. It shall be the duty of every public officer to comply with any lawful order, rule or regulation of the department of revenue made under the provisions of this title, and whenever it shall appear to the department of revenue that any public officer or employee whose duties relate to the assessment or equalization of assessments of property for taxation or to the levy or collection of taxes has failed to comply with the provisions of this title or with any other law relating to such duties or the rules of the department made in pursuance thereof, the department after a hearing on the facts may issue its order directing such public officer or employee to comply with such provisions of law or of its rules, and if such public officer or employee for a period of ten days after service on him of the department’s order shall neglect or refuse to comply therewith, the department of revenue may apply to a judge of the superior court or court commissioner of the county in which said public officer or employee holds office 84.08.120 (2008 Ed.) 84.08.140 for an order returnable within five days from the date thereof to compel such public officer or employee to comply with such provisions of law or of the department’s order, or to show cause why he should not be compelled so to do, and any order issued by the judge pursuant thereto shall be final. The remedy herein provided shall be cumulative and shall not exclude the department of revenue from exercising any power or rights otherwise granted. [1975 1st ex.s. c 278 § 155; 1961 c 15 § 84.08.120. Prior: 1939 c 206 § 7; 1927 c 280 § 12; 1925 c 18 § 12; RRS § 11102.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.08.130 Appeals from county board of equalization to board of tax appeals—Notice. (1) Any taxpayer or taxing unit feeling aggrieved by the action of any county board of equalization may appeal to the board of tax appeals by filing with the board of tax appeals in accordance with RCW 1.12.070 a notice of appeal within thirty days after the mailing of the decision of such board of equalization, which notice shall specify the actions complained of; and in like manner any county assessor may appeal to the board of tax appeals from any action of any county board of equalization. There shall be no fee charged for the filing of an appeal. The board shall transmit a copy of the notice of appeal to all named parties within thirty days of its receipt by the board. Appeals which are not filed as provided in this section shall be dismissed. The board of tax appeals shall require the board appealed from to file a true and correct copy of its decision in such action and all evidence taken in connection therewith, and may receive further evidence, and shall make such order as in its judgment is just and proper. (2) The board of tax appeals may enter an order, pursuant to subsection (1) of this section, that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the value during that time. [1998 c 54 § 3; 1994 c 301 § 18; 1992 c 206 § 10; 1989 c 378 § 7; 1988 c 222 § 8; 1977 ex.s. c 290 § 1; 1975 1st ex.s. c 278 § 156; 1961 c 15 § 84.08.130. Prior: 1939 c 206 § 6; 1927 c 280 § 6; 1925 c 18 § 6; RRS § 11092.] 84.08.130 Effective date—1992 c 206: See note following RCW 82.04.170. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. Evidence submission in advance of hearing: RCW 82.03.200. Limitation on increase in property value in appeals to board of tax appeals from county board of equalization: RCW 84.08.060. 84.08.140 Appeals from levy of taxing district to department of revenue. Any taxpayer feeling aggrieved by the levy or levies of any taxing district except levies authorized by a vote of the voters of the district may appeal therefrom to the department of revenue as hereinafter provided. Such taxpayer, upon the execution of a bond, with two or more sufficient sureties to be approved by the county auditor, payable to the state of Washington, in the penal sum of two hundred dollars and conditioned that if the petitioner shall fail in his appeal for a reduction of said levy or levies the taxpayer will pay the taxable costs of the hearings hereinafter provided, not exceeding the amount of such bond, may file a written complaint with the county auditor wherein such taxing district is located not later than ten days after the making 84.08.140 [Title 84 RCW—page 7] 84.08.190 Title 84 RCW: Property Taxes and entering of such levy or levies, setting forth in such form and detail as the department of revenue shall by general rule prescribe, the taxpayer’s objections to such levy or levies. Upon the filing of such complaint, the county auditor shall immediately transmit a certified copy thereof, together with a copy of the budget or estimates of such taxing district as finally adopted, including estimated revenues and such other information as the department of revenue shall by rule require, to the department of revenue. The department of revenue shall fix a date for a hearing on said complaint at the earliest convenient time after receipt of said record, which hearing shall be held in the county in which said taxing district is located, and notice of such hearing shall be given to the officials of such taxing district, charged with determining the amount of its levies, and to the taxpayer on said complaint by registered mail at least five days prior to the date of said hearing. At such hearings all interested parties may be heard and the department of revenue shall receive all competent evidence. After such hearing, the department of revenue shall either affirm or decrease the levy or levies complained of, in accordance with the evidence, and shall thereupon certify its action with respect thereto to the county auditor, who, in turn, shall certify it to the taxing district or districts affected, and the action of the department of revenue with respect to such levy or levies shall be final and conclusive. [1994 c 301 § 19; 1975 1st ex.s. c 278 § 157; 1961 c 15 § 84.08.140. Prior: 1927 c 280 § 8; 1925 c 18 § 8; RRS § 11098.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. (3) Subsection (2) of this section, however, does not prohibit the department from: (a) Disclosing tax information to any county assessor or county treasurer; (b) Disclosing tax information in a civil or criminal judicial proceeding or an administrative proceeding in respect to taxes or penalties imposed under this title or Title 82 RCW or in respect to assessment or valuation for tax purposes of the property to which the information or facts relate; (c) Disclosing tax information with the written permission of the taxpayer; (d) Disclosing tax information to the proper officer of the tax department of any state responsible for the imposition or collection of property taxes, or for the valuation of property for tax purposes, if the other state grants substantially similar privileges to the proper officers of this state; (e) Disclosing tax information that is also maintained by another Washington state or local governmental agency as a public record available for inspection and copying under chapter 42.56 RCW or is a document maintained by a court of record not otherwise prohibited from disclosure; (f) Disclosing tax information to a peace officer as defined in RCW 9A.04.110 or county prosecutor, for official purposes. The disclosure may be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecutor who receives the tax information may disclose the tax information only for use in the investigation and a related court proceeding, or in the court proceeding for which the tax information originally was sought; or (g) Disclosing information otherwise available under chapter 42.56 RCW. (4) A violation of this section constitutes a gross misdemeanor. [2005 c 274 § 363; 1997 c 239 § 1.] 84.08.190 Assessors to meet with department of revenue. For the purpose of instruction on the subject of taxation, the county assessors of the state shall meet with the department of revenue at the capital of the state, or at such place within the state as they may determine at their previous meeting, on the second Monday of October of each year or on such other date as may be fixed by the department of revenue. Each assessor shall be paid by the county of his residence his actual expenses in attending such meeting, upon presentation to the county auditor of proper vouchers. [1975 1st ex.s. c 278 § 158; 1961 c 15 § 84.08.190. Prior: 1939 c 206 § 16, part; 1925 ex.s. c 130 § 57, part; 1911 c 12 § 1; RRS § 11140, part.] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.09.010 84.08.190 84.08.210 Confidentiality and privilege of tax information—Exceptions—Penalty. (1) For purposes of this section, "tax information" means confidential income data and proprietary business information obtained by the department in the course of carrying out the duties now or hereafter imposed upon it in this title that has been communicated in confidence in connection with the assessment of property and that has not been publicly disseminated by the taxpayer, the disclosure of which would be either highly offensive to a reasonable person and not a legitimate concern to the public or would result in an unfair competitive disadvantage to the taxpayer. (2) Tax information is confidential and privileged, and except as authorized by this section, neither the department nor any other person may disclose tax information. 84.08.210 [Title 84 RCW—page 8] Chapter 84.09 Chapter 84.09 RCW GENERAL PROVISIONS Sections 84.09.020 84.09.030 84.09.035 84.09.037 84.09.040 84.09.050 84.09.060 84.09.070 Nomenclature—Taxes designated as taxes of year in which payable. Abbreviations authorized. Taxing district boundaries—Establishment. Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district—Date effective. School district boundary changes. Penalty for nonperformance of duty by county officers. Fees and costs allowed in civil actions against county officers. Property tax advisor. Authority of operating agencies to levy taxes. 84.09.010 Nomenclature—Taxes designated as taxes of year in which payable. All annual taxes and assessments of real and personal property shall hereafter be known and designated as taxes and assessments of the year in which such taxes and assessments, or the initial installment thereof, shall become due and payable. [1961 c 15 § 84.09.010. Prior: 1939 c 136 § 2; RRS § 11112-2. Formerly RCW 84.08.150.] 84.09.010 (2008 Ed.) General Provisions 84.09.020 Abbreviations authorized. In all proceedings relative to the levy, assessment or collection of taxes, and any entries required to be made by any officer or by the clerk of the court, letters, figures and characters may be used to denote townships, ranges, sections, parts of sections, lots or blocks, or parts thereof, the year or years for which taxes were due, and the amount of taxes, assessments, penalties, interest and costs. Whenever the abbreviation "do." or the character "’’" or any other similar abbreviations or characters shall be used in any such proceedings, they shall be construed and held as meaning and being the same name, word, initial, letters, abbreviations, figure or figures, as the last one preceding such "do." and "’’" or other similar characters. [1961 c 15 § 84.09.020. Prior: 1925 ex.s. c 130 § 112, part; 1897 c 71 § 93, part; 1893 c 124 § 97, part; RRS § 11273, part. Formerly RCW 84.08.170.] 84.09.020 84.09.030 Taxing district boundaries—Establishment. (1)(a) Except as provided in (b) of this subsection (1), for the purposes of property taxation and the levy of property taxes, the boundaries of counties, cities, and all other taxing districts shall be the established official boundaries of such districts existing on the first day of August of the year in which the property tax levy is made. (b) The boundaries for a newly incorporated port district or regional fire protection service authority shall be established on the first day of October if the boundaries of the newly incorporated port district or regional fire protection service authority are coterminous with the boundaries of another taxing district or districts, as they existed on the first day of August of that year. (2) In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in the boundaries, is required by law to be filed in the office of the county auditor or other county official, the instrument shall be filed in triplicate. The officer with whom the instrument is filed shall transmit two copies of the instrument to the county assessor. (3) No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section. [2008 c 86 § 501; 2007 c 285 § 3; 2004 c 129 § 19; 1996 c 230 § 1613; 1994 c 292 § 4. Prior: 1989 c 378 § 8; 1989 c 217 § 1; prior: 1987 c 358 § 1; 1987 c 82 § 1; 1984 c 203 § 9; 1981 c 26 § 4; 1961 c 15 § 84.09.030; prior: 1951 c 116 § 1; 1949 c 65 § 1; 1943 c 182 § 1; 1939 c 136 § 1; Rem. Supp. 1949 § 11106-1. Formerly RCW 84.08.160.] 84.09.030 Severability—Savings—Part headings not law—2008 c 86: See notes following RCW 82.14.030. Captions not law—Severability—2004 c 129: See RCW 52.26.900 and 52.26.901. Part headings not law—1996 c 230: See notes following RCW 57.02.001. Findings—Intent—1994 c 292: See note following RCW 57.04.050. Severability—1984 c 203: See note following RCW 35.43.140. 84.09.035 Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district—Date effective. Notwithstanding the provisions of RCW 84.09.030, the boundaries of a library district, metropolitan park district, fire protection 84.09.035 (2008 Ed.) 84.09.050 district, or public hospital district that withdraws an area from its boundaries pursuant to RCW 27.12.355, 35.61.360, 52.04.056, or 70.44.235, which area has boundaries that are coterminous with the boundaries of a tax code area, shall be established as of the first day of October in the year in which the area is withdrawn. [1989 c 378 § 9; 1987 c 138 § 5.] 84.09.037 School district boundary changes. Each school district affected by a transfer of territory from one school district to another school district under chapter 28A.315 RCW shall retain its preexisting boundaries for the purpose of the collection of excess tax levies authorized under RCW 84.52.053 before the effective date of the transfer, for such tax collection years and for such excess tax levies as the superintendent of public instruction may approve and order that the transferred territory shall either be subject to or relieved of such excess levies, as the case may be. For the purpose of all other excess tax levies previously authorized under chapter 84.52 RCW and all excess tax levies authorized under RCW 84.52.053 subsequent to the effective date of a transfer of territory, the boundaries of the affected school districts shall be modified to recognize the transfer of territory subject to RCW 84.09.030. [2006 c 263 § 615; 1990 c 33 § 597; 1987 c 100 § 3.] 84.09.037 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. 84.09.040 Penalty for nonperformance of duty by county officers. Every county auditor, county assessor and county treasurer who in any case refuses or knowingly neglects to perform any duty enjoined on him by this title, or who consents to or connives at any evasion of its provisions whereby any proceeding herein provided for is prevented or hindered, or whereby any property required to be listed for taxation is unlawfully exempted, or the valuation thereof is entered on the tax roll at less than its true taxable value, shall, for every such neglect, refusal, consent or connivance, forfeit and pay to the state not less than two hundred nor more than one thousand dollars, at the discretion of the court, to be recovered before any court of competent jurisdiction upon the complaint of any citizen who is a taxpayer; and the prosecuting attorney shall prosecute such suit to judgment and execution. [1961 c 15 § 84.09.040. Prior: 1925 ex.s. c 130 § 109; 1897 c 71 § 89; 1893 c 124 § 92; RRS § 11270. Formerly RCW 84.56.410.] 84.09.040 84.09.050 Fees and costs allowed in civil actions against county officers. Whenever a civil action is commenced against any person holding the office of county treasurer, county auditor, or any other officer, for performing or attempting to perform any duty authorized or directed by any statute of this state for the collection of the public revenue, such treasurer, auditor or other officer may, in the discretion of the court before whom such action is brought, by an order made by such court and entered in the minutes thereof, be allowed and paid out of the county treasury, reasonable fees of counsel and other expenses for defending such action. [1961 c 15 § 84.09.050. Prior: 1925 ex.s. c 130 § 110; 1897 84.09.050 [Title 84 RCW—page 9] 84.09.060 Title 84 RCW: Property Taxes c 71 § 90; 1893 c 124 § 93; RRS § 11271. Formerly RCW 84.56.420.] 84.09.060 Property tax advisor. 84.48.140. 84.09.060 See RCW 84.09.070 Authority of operating agencies to levy taxes. Nothing in this title may be deemed to grant to any operating agency organized under chapter 43.52 RCW, or a project of any such operating agency, the authority to levy any tax or assessment not otherwise authorized by law. [1983 2nd ex.s. c 3 § 56.] 84.09.070 Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. Chapter 84.12 Chapter 84.12 RCW ASSESSMENT AND TAXATION OF PUBLIC UTILITIES Sections 84.12.200 84.12.210 84.12.220 84.12.230 84.12.240 84.12.250 84.12.260 84.12.270 84.12.280 84.12.300 84.12.310 84.12.320 84.12.330 84.12.340 84.12.350 84.12.360 84.12.370 84.12.380 84.12.390 Definitions. Property used but not owned deemed sole operating property of owning company. Jurisdiction to determine operating, nonoperating property. Annual reports to be filed. Access to books and records. Depositions may be taken. Default valuation by department of revenue—Penalty—Estoppel. Annual assessment—Sources of information. Classification of real and personal property. Valuation of interstate utility—Apportionment of system value to state. Deduction of nonoperating property. Persons bound by notice. Assessment roll—Notice of valuation. Hearings on assessment, time and place of. Apportionment of value by department of revenue. Basis of apportionment. Certification to county assessor—Entry upon tax rolls. Assessment of nonoperating property. Rules and regulations. 84.12.200 Definitions. For the purposes of this chapter and unless otherwise required by the context: (1) "Department" without other designation means the department of revenue of the state of Washington. (2) "Railroad company" means and includes any person owning or operating a railroad, street railway, suburban railroad or interurban railroad in this state, whether its line of railroad be maintained at the surface, or above or below the surface of the earth, or by whatever power its vehicles are transported; or owning any station, depot, terminal or bridge for railroad purposes, as owner, lessee or otherwise. (3) "Airplane company" means and includes any person owning, controlling, operating or managing real or personal property, used or to be used for or in connection with or to facilitate the conveyance and transportation of persons and/or property by aircraft, and engaged in the business of transporting persons and/or property for compensation, as owner, lessee or otherwise. (4) "Electric light and power company" means and includes any person owning, controlling, operating or managing real or personal property, used or to be used for or in connection with or to facilitate the generation, transmission or distribution of electricity in this state, and engaged in the 84.12.200 [Title 84 RCW—page 10] business of furnishing, transmitting, distributing or generating electrical energy for light, heat or power for compensation as owner, lessee or otherwise. (5) "Telegraph company" means and includes any person owning, controlling, operating or managing any telegraph or cable line in this state, with appliances for the transmission of messages, and engaged in the business of furnishing telegraph service for compensation, as owner, lessee or otherwise. (6) "Telephone company" means and includes any person owning, controlling, operating or managing real or personal property, used or to be used for or in connection with or to facilitate the transmission of communication by telephone in this state *through owned or controlled exchanges and/or switchboards, and engaged in the business of furnishing telephonic communication for compensation as owner, lessee or otherwise. (7) "Gas company" means and includes any person owning, controlling, operating or managing real or personal property, used or to be used for or in connection with or to facilitate the manufacture, transportation, or distribution of natural or manufactured gas in this state, and engaged for compensation in the business of furnishing gas for light, heat, power or other use, as owner, lessee or otherwise. (8) "Pipe line company" means and includes any person owning, controlling, operating or managing real or personal property, used or to be used for or in connection with or to facilitate the conveyance or transportation of oils, natural or manufactured gas and/or other substances, except water, by pipe line in this state, and engaged in such business for compensation, as owner, lessee or otherwise. (9) "Logging railroad company" means and includes any person owning, controlling, operating or managing real or personal property, used or to be used for or in connection with or to facilitate the conveyance and transportation of forest products by rail in this state, and engaged in the business of transporting forest products either as private carrier or carrier for hire. (10) "Person" means and includes any individual, firm, copartnership, joint venture, association, corporation, trust, or any other group acting as a unit, whether mutual, cooperative or otherwise, and/or trustees or receivers appointed by any court. (11) "Company" means and includes any railroad company, airplane company, electric light and power company, telegraph company, telephone company, gas company, pipe line company, or logging railroad company; and the term "companies" means and includes all of such companies. (12) "Operating property" means and includes all property, real and personal, owned by any company, or held by it as occupant, lessee or otherwise, including all franchises and lands, buildings, rights-of-way, water powers, motor vehicles, wagons, horses, aircraft, aerodromes, hangars, office furniture, water mains, gas mains, pipe lines, pumping stations, tanks, tank farms, holders, reservoirs, telephone lines, telegraph lines, transmission and distribution lines, dams, generating plants, poles, wires, cables, conduits, switch boards, devices, appliances, instruments, equipment, machinery, landing slips, docks, roadbeds, tracks, terminals, rolling stock equipment, appurtenances and all other property of a like or different kind, situate within the state of Washington, (2008 Ed.) Assessment and Taxation of Public Utilities used by the company in the conduct of its operations; and, in case of personal property used partly within and partly without the state, it means and includes a proportion of such personal property to be determined as in this chapter provided. (13) "Nonoperating property" means all physical property owned by any company, other than that used during the preceding calendar year in the conduct of its operations. It includes all lands and/or buildings wholly used by any person other than the owning company. In cases where lands and/or buildings are used partially by the owning company in the conduct of its operations and partially by any other person not assessable under this chapter under lease, sublease, or other form of tenancy, the operating and nonoperating property of the company whose property is assessed hereunder shall be determined by the department of revenue in such manner as will, in its judgment, secure the separate valuation of such operating and nonoperating property upon a fair and equitable basis. The amount of operating revenue received from tenants or occupants of property of the owning company shall not be considered material in determining the classification of such property. [1998 c 335 § 1; 1994 c 124 § 13; 1987 c 153 § 1; 1975 1st ex.s. c 278 § 159; 1961 c 15 § 84.12.200. Prior: 1935 c 123 § 1; 1925 ex.s. c 130 § 36; 1907 c 131 § 2; 1907 c 78 § 2; RRS § 11156-1. Formerly RCW 84.12.010 and 84.12.020, part.] *Reviser’s note: Language was apparently modified during the publication process and has been restored. Effective date—1998 c 335: "This act takes effect January 1, 1999." [1998 c 335 § 7.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.210 Property used but not owned deemed sole operating property of owning company. Property used but not owned by an operating company shall, whether such use be exclusive or jointly with others, be deemed the sole operating property of the owning company. [1961 c 15 § 84.12.210. Prior: 1935 c 123 § 1, subdivision (19); RRS § 11156-1(19). Formerly RCW 84.12.020, part.] 84.12.210 84.12.220 Jurisdiction to determine operating, nonoperating property. In all matters relating to assessment and taxation the department of revenue shall have jurisdiction to determine what is operating property and what is nonoperating property. [1975 1st ex.s. c 278 § 160; 1961 c 15 § 84.12.220. Prior: 1935 c 123 § 2; RRS § 11156-2. Formerly RCW 84.12.020, part.] 84.12.220 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.230 Annual reports to be filed. Each company doing business in this state shall annually on or before the 15th day of March, make and file with the department of revenue an annual report, in such manner, upon such form, and giving such information as the department may direct: PROVIDED, That the department, upon written request filed on or before such date and for good cause shown therein, may allow an extension of time for filing not to exceed sixty days. At the time of making such report each company shall also be required to furnish to the department the annual reports of the board of directors, or other officers to the stockholders of the 84.12.230 (2008 Ed.) 84.12.250 company, duplicate copies of the annual reports made to the interstate commerce commission or its successor agency and to the utilities and transportation commission of this state and duplicate copies of such other reports as the department may direct: PROVIDED, That the duplicate copies of these annual reports shall not be due until such time as they are due to the stockholders or commissioners. [1998 c 311 § 12; 1984 c 132 § 1; 1975 1st ex.s. c 278 § 161; 1961 c 15 § 84.12.230. Prior: 1935 c 123 § 3; 1925 ex.s. c 130 § 39; 1907 c 131 § 5; 1907 c 78 § 5; 1897 c 71 § 40; 1893 c 124 § 40; 1891 c 140 § 27; 1890 p 541 § 27; RRS § 11156-3. Formerly RCW 84.12.030.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.240 Access to books and records. The department of revenue shall have access to all books, papers, documents, statements and accounts on file or of record in any of the departments of the state; and it shall have the power to issue subpoenas, signed by the director of the department or any duly authorized employee and served in a like manner as a subpoena issued from courts of record, to compel witnesses to appear and give evidence and to produce books and papers. The director of the department or any employee officially designated by the department is authorized to administer oaths to witnesses. The attendance of any witness may be compelled by attachment issued out of any superior court upon application to said court by the director or any duly authorized employee of the department, upon a proper showing that such witness has been duly served with a subpoena and has refused to appear before the said department. In case of the refusal of a witness to produce books, papers, documents, or accounts, or to give evidence on matters material to the hearing, the department may institute proceedings in the proper superior court to compel such witness to testify or to produce such books or papers, and to punish him for such failure or refusal. All process issued by the department shall be served by the sheriff of the proper county or by a duly authorized agent of the department and such service, if made by the sheriff, shall be certified by him to the department of revenue without any compensation therefor. Persons appearing before the department in obedience to a subpoena shall receive the same compensation as witnesses in the superior court. The records, books, accounts and papers of each company shall be subject to visitation, investigation or examination by the department, or any employee thereof officially designated by the department. All real and/or personal property of any company shall be subject to visitation, investigation, examination and/or listing at any and all times by the department, or any person officially designated by the director. [1975 1st ex.s. c 278 § 162; 1973 c 95 § 9; 1961 c 15 § 84.12.240. Prior: 1935 c 123 § 4; 1925 ex.s. c 130 § 37; 1907 c 131 § 3; 1907 c 78 § 3; RRS § 11156-4. Formerly RCW 84.12.080.] 84.12.240 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.250 Depositions may be taken. The department of revenue, in any matter material to the valuation, assessment or taxation of the operating property of any company, may cause the deposition of witnesses residing without the 84.12.250 [Title 84 RCW—page 11] 84.12.260 Title 84 RCW: Property Taxes state or absent therefrom, to be taken upon notice to the company interested in like manner as the depositions of witnesses are taken in civil actions in the superior court. [1975 1st ex.s. c 278 § 163; 1961 c 15 § 84.12.250. Prior: 1935 c 123 § 5; 1925 ex.s. c 130 § 38; 1907 c 131 § 4; 1907 c 78 § 4; RRS § 11156-5. Formerly RCW 84.12.090.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.260 Default valuation by department of revenue—Penalty—Estoppel. (1) If any company shall fail to materially comply with the provisions of RCW 84.12.230, the department shall add to the value of such company, as a penalty for such failure, five percent for every thirty days or fraction thereof, not to exceed ten percent, that the company fails to comply. (2) If any company, or any of its officers or agents shall refuse or neglect to make any report required by this chapter, or by the department of revenue, or shall refuse to permit an inspection and examination of its records, books, accounts, papers or property requested by the department of revenue, or shall refuse or neglect to appear before the department of revenue in obedience to a subpoena, the department of revenue shall inform itself to the best of its ability of the matters required to be known, in order to discharge its duties with respect to valuation and assessment of the property of such company, and the department shall add to the value so ascertained twenty-five percent as a penalty for such failure or refusal and such company shall be estopped to question or impeach the assessment of the department in any hearing or proceeding thereafter. Such penalty shall be in lieu of the penalty provided for in subsection (1) of this section. (3) The department shall waive or cancel the penalty imposed under subsection (1) of this section for good cause shown. (4) The department shall waive or cancel the penalty imposed under subsection (1) of this section when the circumstances under which the failure to materially comply with the provisions of RCW 84.12.230 do not qualify for waiver or cancellation under subsection (3) of this section if: (a) The company fully complies with the reporting provisions of RCW 84.12.230 within thirty days of the due date or any extension granted by the department; and (b) The company has timely complied with the provisions of RCW 84.12.230 for the previous two calendar years. The requirement that a company has timely complied with the provisions of RCW 84.12.230 for the previous two calendar years is waived for any calendar year in which the company was not required to comply with the provisions of RCW 84.12.230. [2007 c 111 § 201; 1984 c 132 § 2; 1975 1st ex.s. c 278 § 164; 1961 c 15 § 84.12.260. Prior: 1935 c 123 § 6; 1925 ex.s. c 130 § 41; 1907 c 131 § 7; 1907 c 78 § 6; 1891 c 140 § 37; 1890 p 544 § 36; RRS § 11156-6. Formerly RCW 84.12.100.] 84.12.260 Application—2007 c 111 §§ 201 and 202: "Sections 201 and 202 of this act apply with respect to annual reports and annual statements originally due on or after July 22, 2007." [2007 c 111 § 203.] Part headings not law—2007 c 111: See note following RCW 82.16.120. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. [Title 84 RCW—page 12] 84.12.270 Annual assessment—Sources of information. The department of revenue shall annually make an assessment of the operating property of all companies; and between the fifteenth day of March and the first day of July of each year shall prepare an assessment roll upon which it shall enter and assess the true and fair value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made. For the purpose of determining the true and fair value of such property the department of revenue may inspect the property belonging to said companies and may take into consideration any information or knowledge obtained by it from such examination and inspection of such property, or of the books, records, and accounts of such companies, the statements filed as required by this chapter, the reports, statements, or returns of such companies filed in the office of any board, office, or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the true and fair valuation of any and all property of such companies, whether operating or nonoperating property, and whether situated within or outside the state, and any other facts, evidence, or information that may be obtainable bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character, and true and fair value of the operating property of such company. [2001 c 187 § 3; 1997 c 3 § 113 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 20; 1975 1st ex.s. c 278 § 165; 1961 c 15 § 84.12.270. Prior: 1939 c 206 § 19; 1935 c 123 § 7; 1925 ex.s. c 130 § 43; 1907 c 131 § 8; 1907 c 78 § 7; 1891 c 140 §§ 2831; 1890 p 541 §§ 26-33; RRS § 11156-7. Formerly RCW 84.12.040.] 84.12.270 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.280 Classification of real and personal property. In making the assessment of the operating property of any railroad or logging railroad company and in the apportionment of the values and the taxation thereof, all land occupied and claimed exclusively as the right-of-way for railroads, with all the tracks and substructures and superstructures which support the same, together with all side tracks, second tracks, turn-outs, station houses, depots, round houses, machine shops, or other buildings belonging to the company, used in the operation thereof, without separating the same into land and improvements, shall be assessed as real property. And the rolling stock and other movable property belonging to any railroad or logging railroad company shall be considered as personal property and taxed as such: PROVIDED, That all of the operating property of street railway companies shall be assessed and taxed as personal property. All of the operating property of airplane companies, telegraph companies, pipe line companies, and all of the operat84.12.280 (2008 Ed.) Assessment and Taxation of Public Utilities ing property other than lands and buildings of electric light and power companies, telephone companies, and gas companies shall be assessed and taxed as personal property. [2001 c 187 § 4; 1998 c 335 § 2; 1997 c 3 § 114 (Referendum Bill No. 47, approved November 4, 1997); 1987 c 153 § 2; 1961 c 15 § 84.12.280. Prior: 1935 c 123 § 8; 1925 ex.s. c 130 § 44; 1907 c 78 § 8; 1891 c 140 §§ 28-31; 1890 p 541 §§ 26-33; RRS § 11156-8. Formerly RCW 84.12.050.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Effective date—1998 c 335: See note following RCW 84.12.200. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. 84.12.300 Valuation of interstate utility—Apportionment of system value to state. In determining the value of the operating property within this state of any company, the properties of which lie partly within and partly without this state, the department of revenue may, among other things, take into consideration the value of the whole system as a unit, and for such purpose may determine, insofar as the same is reasonably ascertainable, the salvage value, the actual cost new, the cost of reproduction new less depreciation and plus appreciation, the par value, actual value and market value of the company’s outstanding stocks and bonds during one or more preceding years, the past, present and prospective gross and net earnings of the whole system as a unit. In apportioning such system value to the state, the department of revenue shall consider relative costs, relative reproduction cost, relative future prospects and relative track mileage and the distribution of terminal properties within and without the state and such other matters and things as the department may deem pertinent. The department may also take into consideration the actual cost, cost of reproduction new, and cost of reproduction new less depreciation, earning capacity and future prospects of the property, located within the state and all other matters and things deemed pertinent by the department of revenue. [1975 1st ex.s. c 278 § 166; 1961 c 15 § 84.12.300. Prior: 1935 c 123 § 9; 1925 ex.s. c 130 § 44; 1907 c 78 § 8; RRS § 11156-9. Formerly RCW 84.12.060.] 84.12.300 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.340 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.320 Persons bound by notice. Every person, company or companies operating any property in this state as defined in this chapter shall be the representative of every title and interest in the property as owner, lessee or otherwise, and notice to such person shall be notice to all interests in the property for the purpose of assessment and taxation. The assessment and taxation of the property of the company in the name of the owner, lessee or operating company shall be deemed and held an assessment and taxation of all the title and interest in such property of every kind and nature. [1961 c 15 § 84.12.320. Prior: 1935 c 123 § 11; RRS § 11156-11. Formerly RCW 84.12.120.] 84.12.320 84.12.330 Assessment roll—Notice of valuation. Upon the assessment roll shall be placed after the name of each company a general description of the operating property of the company, which shall be considered sufficient if described in the language of RCW 84.12.200(12), as applied to the company, following which shall be entered the true and fair value of the operating property as determined by the department of revenue. No assessment shall be invalidated by reason of a mistake in the name of the company assessed, or the omission of the name of the owner or by the entry as owner of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the true and fair value of the operating property of the company, as herein required, it shall notify the company by mail of the valuation determined by it and entered upon the roll. [2001 c 187 § 6; 1998 c 335 § 3; 1997 c 3 § 116 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 22; 1975 1st ex.s. c 278 § 168; 1961 c 15 § 84.12.330. Prior: 1935 c 123 § 12; 1925 ex.s. c 130 § 44; 1907 c 78 § 8; 1891 c 140 § 35; 1890 p 543 § 35; RRS § 11156-12. Formerly RCW 84.12.110.] 84.12.330 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. 84.12.310 Deduction of nonoperating property. For the purpose of determining the system value of the operating property of any such company, the department of revenue shall deduct from the true and fair value of the total assets of such company, the actual cash value of all nonoperating property owned by such company. For such purpose the department of revenue may require of the assessors of the various counties within this state a detailed list of such company’s properties assessed by them, together with the assessable or assessed value thereof: PROVIDED, That such assessed or assessable value shall be advisory only and not conclusive on the department of revenue as to the value thereof. [2001 c 187 § 5; 1997 c 3 § 115 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 21; 1975 1st ex.s. c 278 § 167; 1961 c 15 § 84.12.310. Prior: 1935 c 123 § 10; RRS § 11156-10. Formerly RCW 84.12.070.] 84.12.310 (2008 Ed.) Effective date—1998 c 335: See note following RCW 84.12.200. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.340 Hearings on assessment, time and place of. Following the making of an assessment, every company may present a motion for a hearing on the assessment with the department of revenue within the first ten working days of July. The hearing on this motion shall be held within ten working days following the hearing request period. During this hearing, the company may present evidence relating to the value of its operating property and to the value of other taxable property in the counties in which its operating property is situate. Upon request in writing for such hearing, the 84.12.340 [Title 84 RCW—page 13] 84.12.350 Title 84 RCW: Property Taxes department shall appoint a time and place therefor, within the period aforesaid, the hearing to be conducted in such manner as the department shall direct. Hearings provided for in this section may be held at such times and in such places throughout the state as the department may deem proper or necessary, may be adjourned from time to time and from place to place and may be conducted by the department of revenue or by such member or members thereof as may be duly delegated to act for it. Testimony taken at this hearing shall be recorded. [1994 c 124 § 14; 1975 1st ex.s. c 278 § 169; 1961 c 15 § 84.12.340. Prior: 1953 c 162 § 1; 1939 c 206 § 20; 1935 c 123 § 13; RRS § 11156-13. Formerly RCW 84.12.130.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.350 Apportionment of value by department of revenue. Upon determination by the department of revenue of the true and fair value of the property appearing on such rolls it shall apportion such value to the respective counties entitled thereto, as hereinafter provided, and shall determine the equalized assessed valuation of such property in each such county and in the several taxing districts therein, by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property in such county: PROVIDED, That, whenever the amount of the true and fair value of the operating property of any company otherwise apportionable to any county or other taxing district shall be less than two hundred fifty dollars, such amount need not be apportioned to such county or taxing district but may be added to the amount apportioned to an adjacent county or taxing district. [2001 c 187 § 7; 1997 c 3 § 117 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 23; 1967 ex.s. c 26 § 17; 1961 c 15 § 84.12.350. Prior: 1939 c 206 § 21; 1935 c 123 § 14; RRS § 11156-14. Formerly RCW 84.12.140.] 84.12.350 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1967 ex.s. c 26: See note following RCW 82.01.050. 84.12.360 Basis of apportionment. The true and fair value of the operating property assessed to a company, as fixed and determined by the department of revenue, shall be apportioned by the department of revenue to the respective counties and to the taxing districts thereof wherein such property is located in the following manner: (1) Property of all railroad companies other than street railroad companies, telegraph companies and pipe line companies—upon the basis of that proportion of the value of the total operating property within the state which the mileage of track, as classified by the department of revenue (in case of railroads), mileage of wire (in the case of telegraph companies), and mileage of pipe line (in the case of pipe line companies) within each county or taxing district bears to the total mileage thereof within the state, at the end of the calendar year last past. For the purpose of such apportionment the department may classify railroad track. 84.12.360 [Title 84 RCW—page 14] (2) Property of street railroad companies, telephone companies, electric light and power companies, and gas companies—upon the basis of relative value of the operating property within each county and taxing district to the value of the total operating property within the state to be determined by such factors as the department of revenue shall deem proper. (3) Planes or other aircraft of airplane companies—upon the basis of such factor or factors of allocation, to be determined by the department of revenue, as will secure a substantially fair and equitable division between counties and other taxing districts. All other property of airplane companies—upon the basis set forth in subsection (2) of this section. The basis of apportionment with reference to all public utility companies above prescribed shall not be deemed exclusive and the department of revenue in apportioning values of such companies may also take into consideration such other information, facts, circumstances, or allocation factors as will enable it to make a substantially just and correct valuation of the operating property of such companies within the state and within each county thereof. [2001 c 187 § 8; 1998 c 335 § 4; 1997 c 3 § 118 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 24; 1987 c 153 § 3; 1975 1st ex.s. c 278 § 170; 1961 c 15 § 84.12.360. Prior: 1955 c 120 § 1; 1935 c 123 § 15; 1925 ex.s. c 130 § 47; 1917 c 25 § 1; 1907 c 78 § 11; 1891 c 140 § 33; 1890 p 541 § 30; RRS § 11156-15. Formerly RCW 84.12.150.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Effective date—1998 c 335: See note following RCW 84.12.200. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.370 Certification to county assessor—Entry upon tax rolls. When the department of revenue shall have determined the equalized assessed value of the operating property of each company in each of the respective counties and in the taxing districts thereof, as hereinabove provided, the department of revenue shall certify such equalized assessed value to the county assessor of the proper county. The county assessor shall enter the company’s real operating property upon the real property tax rolls and the company’s personal operating property upon the personal property tax rolls of the county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating property of the company in such county and the taxing districts therein for that year, upon which taxes shall be levied and collected in the same manner as on the general property of such county. [1994 c 301 § 25; 1975 1st ex.s. c 278 § 171; 1961 c 15 § 84.12.370. Prior: 1935 c 123 § 16; RRS § 11156-16. Formerly RCW 84.12.160.] 84.12.370 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.12.380 Assessment of nonoperating property. All property of any company not assessed as operating property under the provisions of this chapter shall be assessed by the 84.12.380 (2008 Ed.) New and Rehabilitated Multiple-Unit Dwellings in Urban Centers assessor of the county wherein the same may be located or situate the same as the general property of the county. [1961 c 15 § 84.12.380. Prior: 1935 c 123 § 17; 1891 c 140 § 34; 1890 p 542 § 33; RRS § 11156-17. Formerly RCW 84.12.180.] 84.14.010 stimulate new or enhanced residential opportunities, including affordable housing opportunities, within urban centers through a tax incentive as provided by this chapter. [2007 c 430 § 1; 1995 c 375 § 1.] 84.14.007 Purpose. It is the purpose of this chapter to encourage increased residential opportunities, including affordable housing opportunities, in cities that are required to plan or choose to plan under the growth management act within urban centers where the governing authority of the affected city has found there is insufficient housing opportunities, including affordable housing opportunities. It is further the purpose of this chapter to stimulate the construction of new multifamily housing and the rehabilitation of existing vacant and underutilized buildings for multifamily housing in urban centers having insufficient housing opportunities that will increase and improve residential opportunities, including affordable housing opportunities, within these urban centers. To achieve these purposes, this chapter provides for special valuations in residentially deficient urban centers for eligible improvements associated with multiunit housing, which includes affordable housing. [2007 c 430 § 2; 1995 c 375 § 2.] 84.14.007 84.12.390 Rules and regulations. The department of revenue shall have the power to make such rules and regulations, not inconsistent herewith, as may be convenient and necessary to enforce and carry out the provisions of this chapter. [1975 1st ex.s. c 278 § 172; 1961 c 15 § 84.12.390. Prior: 1935 c 123 § 18; RRS § 11156-18. Formerly RCW 84.08.070, part.] 84.12.390 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. Chapter 84.14 RCW NEW AND REHABILITATED MULTIPLE-UNIT DWELLINGS IN URBAN CENTERS Chapter 84.14 Sections 84.14.005 84.14.007 84.14.010 84.14.020 84.14.030 84.14.040 84.14.050 84.14.060 84.14.070 84.14.080 84.14.090 84.14.100 84.14.110 84.14.900 Findings. Purpose. Definitions. Exemption—Duration—Valuation. Application—Requirements. Designation of residential targeted area—Criteria—Local designation—Hearing—Standards, guidelines. Application—Procedures. Approval—Required findings. Processing—Approval—Denial—Appeal. Fees. Filing requirements upon completion—Owner, city—Determination by city—Notice of intention of city not to file— Extension of deadline—Appeal. Report—Filing. Cancellation of exemption—Notice by owner of change in use—Additional tax—Penalty—Interest—Lien—Notice of cancellation—Appeal—Correction of tax rolls. Severability—1995 c 375. New and rehabilitated multiple-unit dwellings in urban centers: RCW 84.14.020. 84.14.005 Findings. The legislature finds: (1) That in many of Washington’s urban centers there is insufficient availability of desirable and convenient residential units, including affordable housing units, to meet the needs of a growing number of the public who would live in these urban centers if these desirable, convenient, attractive, affordable, and livable places to live were available; (2) That the development of additional and desirable residential units, including affordable housing units, in these urban centers that will attract and maintain a significant increase in the number of permanent residents in these areas will help to alleviate the detrimental conditions and social liability that tend to exist in the absence of a viable mixed income residential population and will help to achieve the planning goals mandated by the growth management act under RCW 36.70A.020; and (3) That planning solutions to solve the problems of urban sprawl often lack incentive and implementation techniques needed to encourage residential redevelopment in those urban centers lacking a sufficient variety of residential opportunities, and it is in the public interest and will benefit, provide, and promote the public health, safety, and welfare to 84.14.005 (2008 Ed.) 84.14.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Campus facilities master plan" means the area that is defined by the University of Washington as necessary for the future growth and development of its campus facilities for branch campuses authorized under RCW 28B.45.020. (2) "City" means either (a) a city or town with a population of at least fifteen thousand, (b) the largest city or town, if there is no city or town with a population of at least fifteen thousand, located in a county planning under the growth management act, or (c) a city or town with a population of at least five thousand located in a county subject to the provisions of RCW 36.70A.215. (3) "Affordable housing" means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty percent of the household’s monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate-income households. (4) "Household" means a single person, family, or unrelated persons living together. (5) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States department of housing and urban development. For cities located in high-cost areas, "low-income household" means a household that has an income at or below one hundred percent of the median family income adjusted for family size, for the county where the project is located. (6) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than eighty percent but is at or below 84.14.010 [Title 84 RCW—page 15] 84.14.020 Title 84 RCW: Property Taxes one hundred fifteen percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States department of housing and urban development. For cities located in high-cost areas, "moderate-income household" means a household that has an income that is more than one hundred percent, but at or below one hundred fifty percent, of the median family income adjusted for family size, for the county where the project is located. (7) "High cost area" means a county where the third quarter median house price for the previous year as reported by the Washington center for real estate research at Washington State University is equal to or greater than one hundred thirty percent of the statewide median house price published during the same time period. (8) "Governing authority" means the local legislative authority of a city having jurisdiction over the property for which an exemption may be applied for under this chapter. (9) "Growth management act" means chapter 36.70A RCW. (10) "Multiple-unit housing" means a building having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (11) "Owner" means the property owner of record. (12) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. (13) "Rehabilitation improvements" means modifications to existing structures, that are vacant for twelve months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multifamily housing units. (14) "Residential targeted area" means an area within an urban center that has been designated by the governing authority as a residential targeted area in accordance with this chapter. With respect to designations after July 1, 2007, "residential targeted area" may not include a campus facilities master plan. (15) "Substantial compliance" means compliance with local building or housing code requirements that are typically required for rehabilitation as opposed to new construction. (16) "Urban center" means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain: (a) Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies; (b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and (c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use. [2007 c 430 § 3; [Title 84 RCW—page 16] 2007 c 185 § 1; 2002 c 146 § 1; 2000 c 242 § 1; 1997 c 429 § 40; 1995 c 375 § 3.] Reviser’s note: This section was amended by 2007 c 185 § 1 and by 2007 c 430 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2007 c 185: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [2007 c 185 § 3.] Severability—1997 c 429: See note following RCW 36.70A.3201. 84.14.020 Exemption—Duration—Valuation. (1)(a) The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (i) For properties for which applications for certificates of tax exemption eligibility are submitted under chapter 84.14 RCW before July 22, 2007, the value is exempt for ten successive years beginning January 1 of the year immediately following the calendar year of issuance of the certificate; and (ii) For properties for which applications for certificates of tax exemption eligibility are submitted under chapter 84.14 RCW on or after July 22, 2007, the value is exempt: (A) For eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; or (B) For twelve successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under chapter 84.14 RCW and meets the conditions in this subsection (1)(a)(ii)(B). For the property to qualify for the twelve-year exemption under this subsection, the applicant must commit to renting or selling at least twenty percent of the multifamily housing units as affordable housing units to low and moderate-income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the local government under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection (1)(a)(ii)(B) may be satisfied solely through housing affordable to moderate-income households. (b) The exemptions provided in (a)(i) and (ii) of this subsection do not include the value of land or nonhousingrelated improvements not qualifying under this chapter. (2) When a local government adopts guidelines pursuant to RCW 84.14.030(2) and includes conditions that must be satisfied with respect to individual dwelling units, rather than with respect to the multiple-unit housing as a whole or some minimum portion thereof, the exemption may, at the local government’s discretion, be limited to the value of the qualifying improvements allocable to those dwelling units that meet the local guidelines. (3) In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to the submission of the application required under this chapter. The incentive provided by this chapter is in addition to any other incentives, tax credits, grants, or other incentives provided by law. (4) This chapter does not apply to increases in assessed valuation made by the assessor on nonqualifying portions of 84.14.020 (2008 Ed.) New and Rehabilitated Multiple-Unit Dwellings in Urban Centers building and value of land nor to increases made by lawful order of a county board of equalization, the department of revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (5) At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of chapter 84.55 RCW. [2007 c 430 § 4; 2002 c 146 § 2; 1999 c 132 § 1; 1995 c 375 § 5.] 84.14.030 Application—Requirements. An owner of property making application under this chapter must meet the following requirements: (1) The new or rehabilitated multiple-unit housing must be located in a residential targeted area as designated by the city; (2) The multiple-unit housing must meet guidelines as adopted by the governing authority that may include height, density, public benefit features, number and size of proposed development, parking, income limits for occupancy, limits on rents or sale prices, and other adopted requirements indicated necessary by the city. The required amenities should be relative to the size of the project and tax benefit to be obtained; (3) The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of fifty percent of the space for permanent residential occupancy. In the case of existing occupied multifamily development, the multifamily housing must also provide for a minimum of four additional multifamily units. Existing multifamily vacant housing that has been vacant for twelve months or more does not have to provide additional multifamily units; (4) New construction multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application; (5) Property proposed to be rehabilitated must fail to comply with one or more standards of the applicable state or local building or housing codes on or after July 23, 1995. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate; and (6) The applicant must enter into a contract with the city approved by the governing authority, or an administrative official or commission authorized by the governing authority, under which the applicant has agreed to the implementation of the development on terms and conditions satisfactory to the governing authority. [2007 c 430 § 5; 2005 c 80 § 1; 1997 c 429 § 42; 1995 c 375 § 6.] 84.14.030 Severability—1997 c 429: See note following RCW 36.70A.3201. 84.14.040 Designation of residential targeted area— Criteria—Local designation—Hearing—Standards, guidelines. (1) The following criteria must be met before an area may be designated as a residential targeted area: (a) The area must be within an urban center, as determined by the governing authority; (b) The area must lack, as determined by the governing authority, sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban 84.14.040 (2008 Ed.) 84.14.050 center, if the affordable, desirable, attractive, and livable places to live were available; and (c) The providing of additional housing opportunity, including affordable housing, in the area, as determined by the governing authority, will assist in achieving one or more of the stated purposes of this chapter. (2) For the purpose of designating a residential targeted area or areas, the governing authority may adopt a resolution of intention to so designate an area as generally described in the resolution. The resolution must state the time and place of a hearing to be held by the governing authority to consider the designation of the area and may include such other information pertaining to the designation of the area as the governing authority determines to be appropriate to apprise the public of the action intended. (3) The governing authority shall give notice of a hearing held under this chapter by publication of the notice once each week for two consecutive weeks, not less than seven days, nor more than thirty days before the date of the hearing in a paper having a general circulation in the city where the proposed residential targeted area is located. The notice must state the time, date, place, and purpose of the hearing and generally identify the area proposed to be designated as a residential targeted area. (4) Following the hearing, or a continuance of the hearing, the governing authority may designate all or a portion of the area described in the resolution of intent as a residential targeted area if it finds, in its sole discretion, that the criteria in subsections (1) through (3) of this section have been met. (5) After designation of a residential targeted area, the governing authority must adopt and implement standards and guidelines to be utilized in considering applications and making the determinations required under RCW 84.14.060. The standards and guidelines must establish basic requirements for both new construction and rehabilitation, which must include: (a) Application process and procedures; (b) Requirements that address demolition of existing structures and site utilization; and (c) Building requirements that may include elements addressing parking, height, density, environmental impact, and compatibility with the existing surrounding property and such other amenities as will attract and keep permanent residents and that will properly enhance the livability of the residential targeted area in which they are to be located. (6) The governing authority may adopt and implement, either as conditions to eight-year exemptions or as conditions to an extended exemption period under *RCW 84.14.020(2), or both, more stringent income eligibility, rent, or sale price limits, including limits that apply to a higher percentage of units, than the minimum conditions for an extended exemption period under *RCW 84.14.020(2). [2007 c 430 § 6; 1995 c 375 § 7.] *Reviser’s note: The reference to RCW 84.14.020(2) appears to be erroneous. RCW 84.14.020(1)(a)(ii)(B) was apparently intended. 84.14.050 Application—Procedures. An owner of property seeking tax incentives under this chapter must complete the following procedures: (1) In the case of rehabilitation or where demolition or new construction is required, the owner shall secure from the 84.14.050 [Title 84 RCW—page 17] 84.14.060 Title 84 RCW: Property Taxes governing authority or duly authorized representative, before commencement of rehabilitation improvements or new construction, verification of property noncompliance with applicable building and housing codes; (2) In the case of new and rehabilitated multifamily housing, the owner shall apply to the city on forms adopted by the governing authority. The application must contain the following: (a) Information setting forth the grounds supporting the requested exemption including information indicated on the application form or in the guidelines; (b) A description of the project and site plan, including the floor plan of units and other information requested; (c) A statement that the applicant is aware of the potential tax liability involved when the property ceases to be eligible for the incentive provided under this chapter; (3) The applicant must verify the application by oath or affirmation; and (4) The application must be accompanied by the application fee, if any, required under RCW 84.14.080. The governing authority may permit the applicant to revise an application before final action by the governing authority. [2007 c 430 § 7; 1999 c 132 § 2; 1997 c 429 § 43; 1995 c 375 § 8.] Severability—1997 c 429: See note following RCW 36.70A.3201. 84.14.060 Approval—Required findings. (1) The duly authorized administrative official or committee of the city may approve the application if it finds that: (a) A minimum of four new units are being constructed or in the case of occupied rehabilitation or conversion a minimum of four additional multifamily units are being developed; (b) If applicable, the proposed multiunit housing project meets the affordable housing requirements as described in RCW 84.14.020; (c) The proposed project is or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved; (d) The owner has complied with all standards and guidelines adopted by the city under this chapter; and (e) The site is located in a residential targeted area of an urban center that has been designated by the governing authority in accordance with procedures and guidelines indicated in RCW 84.14.040. (2) An application may not be approved after July 1, 2007, if any part of the proposed project site is within a campus facilities master plan. [2007 c 430 § 8; 2007 c 185 § 2; 1995 c 375 § 9.] 84.14.060 Reviser’s note: This section was amended by 2007 c 185 § 2 and by 2007 c 430 § 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2007 c 185: See note following RCW 84.14.010. 84.14.070 Processing—Approval—Denial—Appeal. (1) The governing authority or an administrative official or commission authorized by the governing authority shall approve or deny an application filed under this chapter within ninety days after receipt of the application. (2) If the application is approved, the city shall issue the owner of the property a conditional certificate of acceptance 84.14.070 [Title 84 RCW—page 18] of tax exemption. The certificate must contain a statement by a duly authorized administrative official of the governing authority that the property has complied with the required findings indicated in RCW 84.14.050. (3) If the application is denied by the authorized administrative official or commission authorized by the governing authority, the deciding administrative official or commission shall state in writing the reasons for denial and send the notice to the applicant at the applicant’s last known address within ten days of the denial. (4) Upon denial by a duly authorized administrative official or commission, an applicant may appeal the denial to the governing authority within thirty days after receipt of the denial. The appeal before the governing authority will be based upon the record made before the administrative official with the burden of proof on the applicant to show that there was no substantial evidence to support the administrative official’s decision. The decision of the governing body in denying or approving the application is final. [1995 c 375 § 10.] 84.14.080 Fees. The governing authority may establish an application fee. This fee may not exceed an amount determined to be required to cover the cost to be incurred by the governing authority and the assessor in administering this chapter. The application fee must be paid at the time the application for limited exemption is filed. If the application is approved, the governing authority shall pay the application fee to the county assessor for deposit in the county current expense fund, after first deducting that portion of the fee attributable to its own administrative costs in processing the application. If the application is denied, the governing authority may retain that portion of the application fee attributable to its own administrative costs and refund the balance to the applicant. [1995 c 375 § 11.] 84.14.080 84.14.090 Filing requirements upon completion— Owner, city—Determination by city—Notice of intention of city not to file—Extension of deadline—Appeal. (1) Upon completion of rehabilitation or new construction for which an application for a limited tax exemption under this chapter has been approved and after issuance of the certificate of occupancy, the owner shall file with the city the following: (a) A statement of the amount of rehabilitation or construction expenditures made with respect to each housing unit and the composite expenditures made in the rehabilitation or construction of the entire property; (b) A description of the work that has been completed and a statement that the rehabilitation improvements or new construction on the owner’s property qualify the property for limited exemption under this chapter; (c) If applicable, a statement that the project meets the affordable housing requirements as described in RCW 84.14.020; and (d) A statement that the work has been completed within three years of the issuance of the conditional certificate of tax exemption. (2) Within thirty days after receipt of the statements required under subsection (1) of this section, the authorized 84.14.090 (2008 Ed.) New and Rehabilitated Multiple-Unit Dwellings in Urban Centers representative of the city shall determine whether the work completed, and the affordability of the units, is consistent with the application and the contract approved by the city and is qualified for a limited tax exemption under this chapter. The city shall also determine which specific improvements completed meet the requirements and required findings. (3) If the rehabilitation, conversion, or construction is completed within three years of the date the application for a limited tax exemption is filed under this chapter, or within an authorized extension of this time limit, and the authorized representative of the city determines that improvements were constructed consistent with the application and other applicable requirements, including if applicable, affordable housing requirements, and the owner’s property is qualified for a limited tax exemption under this chapter, the city shall file the certificate of tax exemption with the county assessor within ten days of the expiration of the thirty-day period provided under subsection (2) of this section. (4) The authorized representative of the city shall notify the applicant that a certificate of tax exemption is not going to be filed if the authorized representative determines that: (a) The rehabilitation or new construction was not completed within three years of the application date, or within any authorized extension of the time limit; (b) The improvements were not constructed consistent with the application or other applicable requirements; (c) If applicable, the affordable housing requirements as described in RCW 84.14.020 were not met; or (d) The owner’s property is otherwise not qualified for limited exemption under this chapter. (5) If the authorized representative of the city finds that construction or rehabilitation of multiple-unit housing was not completed within the required time period due to circumstances beyond the control of the owner and that the owner has been acting and could reasonably be expected to act in good faith and with due diligence, the governing authority or the city official authorized by the governing authority may extend the deadline for completion of construction or rehabilitation for a period not to exceed twenty-four consecutive months. (6) The governing authority may provide by ordinance for an appeal of a decision by the deciding officer or authority that an owner is not entitled to a certificate of tax exemption to the governing authority, a hearing examiner, or other city officer authorized by the governing authority to hear the appeal in accordance with such reasonable procedures and time periods as provided by ordinance of the governing authority. The owner may appeal a decision by the deciding officer or authority that is not subject to local appeal or a decision by the local appeal authority that the owner is not entitled to a certificate of tax exemption in superior court under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty days of notification by the city to the owner of the decision being challenged. [2007 c 430 § 9; 1995 c 375 § 12.] 84.14.100 Report—Filing. (1) Thirty days after the anniversary of the date of the certificate of tax exemption and each year for the tax exemption period, the owner of the rehabilitated or newly constructed property shall file with a desig84.14.100 (2008 Ed.) 84.14.110 nated authorized representative of the city an annual report indicating the following: (a) A statement of occupancy and vacancy of the rehabilitated or newly constructed property during the twelve months ending with the anniversary date; (b) A certification by the owner that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in RCW 84.14.020 since the date of the certificate approved by the city; (c) A description of changes or improvements constructed after issuance of the certificate of tax exemption; and (d) Any additional information requested by the city in regards to the units receiving a tax exemption. (2) All cities, which issue certificates of tax exemption for multiunit housing that conform to the requirements of this chapter, shall report annually by December 31st of each year, beginning in 2007, to the department of community, trade, and economic development. The report must include the following information: (a) The number of tax exemption certificates granted; (b) The total number and type of units produced or to be produced; (c) The number and type of units produced or to be produced meeting affordable housing requirements; (d) The actual development cost of each unit produced; (e) The total monthly rent or total sale amount of each unit produced; (f) The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption and a summary of these figures for the city; and (g) The value of the tax exemption for each project receiving a tax exemption and the total value of tax exemptions granted. [2007 c 430 § 10; 1995 c 375 § 13.] 84.14.110 Cancellation of exemption—Notice by owner of change in use—Additional tax—Penalty—Interest—Lien—Notice of cancellation—Appeal—Correction of tax rolls. (1) If improvements have been exempted under this chapter, the improvements continue to be exempted for the applicable period under RCW 84.14.020, so long as they are not converted to another use and continue to satisfy all applicable conditions. If the owner intends to convert the multifamily development to another use, or if applicable, if the owner intends to discontinue compliance with the affordable housing requirements as described in RCW 84.14.020 or any other condition to exemption, the owner shall notify the assessor within sixty days of the change in use or intended discontinuance. If, after a certificate of tax exemption has been filed with the county assessor, the authorized representative of the governing authority discovers that a portion of the property is changed or will be changed to a use that is other than residential or that housing or amenities no longer meet the requirements, including, if applicable, affordable housing requirements, as previously approved or agreed upon by contract between the city and the owner and that the multifamily housing, or a portion of the housing, no longer qual84.14.110 [Title 84 RCW—page 19] 84.14.900 Title 84 RCW: Property Taxes ifies for the exemption, the tax exemption must be canceled and the following must occur: (a) Additional real property tax must be imposed upon the value of the nonqualifying improvements in the amount that would normally be imposed, plus a penalty must be imposed amounting to twenty percent. This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements dated back to the date that the improvements were converted to a nonmultifamily use; (b) The tax must include interest upon the amounts of the additional tax at the same statutory rate charged on delinquent property taxes from the dates on which the additional tax could have been paid without penalty if the improvements had been assessed at a value without regard to this chapter; and (c) The additional tax owed together with interest and penalty must become a lien on the land and attach at the time the property or portion of the property is removed from multifamily use or the amenities no longer meet applicable requirements, and has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes. An additional tax unpaid on its due date is delinquent. From the date of delinquency until paid, interest must be charged at the same rate applied by law to delinquent ad valorem property taxes. (2) Upon a determination that a tax exemption is to be canceled for a reason stated in this section, the governing authority or authorized representative shall notify the record owner of the property as shown by the tax rolls by mail, return receipt requested, of the determination to cancel the exemption. The owner may appeal the determination to the governing authority or authorized representative, within thirty days by filing a notice of appeal with the clerk of the governing authority, which notice must specify the factual and legal basis on which the determination of cancellation is alleged to be erroneous. The governing authority or a hearing examiner or other official authorized by the governing authority may hear the appeal. At the hearing, all affected parties may be heard and all competent evidence received. After the hearing, the deciding body or officer shall either affirm, modify, or repeal the decision of cancellation of exemption based on the evidence received. An aggrieved party may appeal the decision of the deciding body or officer to the superior court under RCW 34.05.510 through 34.05.598. (3) Upon determination by the governing authority or authorized representative to terminate an exemption, the county officials having possession of the assessment and tax rolls shall correct the rolls in the manner provided for omitted property under RCW 84.40.080. The county assessor shall make such a valuation of the property and improvements as is necessary to permit the correction of the rolls. The value of the new housing construction, conversion, and rehabilitation improvements added to the rolls shall be considered as new construction for the purposes of chapter 84.55 RCW. The [Title 84 RCW—page 20] owner may appeal the valuation to the county board of equalization under chapter 84.48 RCW and according to the provisions of RCW 84.40.038. If there has been a failure to comply with this chapter, the property must be listed as an omitted assessment for assessment years beginning January 1 of the calendar year in which the noncompliance first occurred, but the listing as an omitted assessment may not be for a period more than three calendar years preceding the year in which the failure to comply was discovered. [2007 c 430 § 11; 2002 c 146 § 3; 2001 c 185 § 1; 1995 c 375 § 14.] Application—2001 c 185 §§ 1-12: "Sections 1 through 12 of this act apply for [to] taxes levied in 2001 for collection in 2002 and thereafter." [2001 c 185 § 18.] 84.14.900 Severability—1995 c 375. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1995 c 375 § 15.] 84.14.900 Chapter 84.16 Chapter 84.16 RCW ASSESSMENT AND TAXATION OF PRIVATE CAR COMPANIES Sections 84.16.010 84.16.020 84.16.030 84.16.032 84.16.034 84.16.036 84.16.040 84.16.050 84.16.090 84.16.100 84.16.110 84.16.120 84.16.130 84.16.140 Definitions. Annual statement of private car companies. Annual statement of railroad companies. Access to books and records. Depositions may be taken, when. Default valuation by department of revenue—Penalty—Estoppel. Annual assessment—Sources of information. Basis of valuation—Apportionment of system value to state. Assessment roll—Notice of valuation. Hearings, time and place of. Apportionment of value to counties by department of revenue. Basis of apportionment. Certification to county assessors—Apportionment to taxing districts—Entry upon tax rolls. Assessment of nonoperating property. 84.16.010 Definitions. For the purposes of this chapter and unless otherwise required by the context: (1) The term "department" without other designation means the department of revenue of the state of Washington. (2) The term "private car company" or "company" shall mean and include any person, copartnership, association, company or corporation owning, controlling, operating or managing stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars or any other kind of cars, used for transportation of property, by or upon railroad lines running in, into or through the state of Washington when such railroad lines are not owned or leased by such person, copartnership, association, company or corporation; or owning, controlling, operating or managing sleeping cars, parlor cars, buffet cars, tourist cars or any other kind of cars, used for transportation of persons by or upon railroads on lines running in, into or through the state of Washington, when such railroad lines are not owned or leased by such person, copartnership, association, company or corporation and upon which an extra charge in addition to the railroad transportation fare is made. (3) The term "operating property" shall mean and include all rolling stock and car equipment owned by any pri84.16.010 (2008 Ed.) Assessment and Taxation of Private Car Companies vate car company, or held by it as occupant, lessee or otherwise, including its franchises used and reasonably necessary in carrying on the business of such company; and in the case of rolling stock and car equipment used partly within and partly without the state, shall mean and include a proportion of such rolling stock and car equipment to be determined as in this chapter provided; and all such property shall, for the purposes of this chapter be deemed personal property. [1975 1st ex.s. c 278 § 173; 1961 c 15 § 84.16.010. Prior: 1933 c 146 § 1; RRS § 11172-1; prior: 1907 c 36 § 1.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.020 Annual statement of private car companies. Every private car company shall annually on or before the first day of May, make and file with the department of revenue in such form and upon such blanks as the department of revenue may provide and furnish, a statement, for the year ending December thirty-first next preceding, under the oath of the president, secretary, treasurer, superintendent or chief officer of such company, containing the following facts: (1) The name of the company, the nature of the business conducted by the company, and under the laws of what state or country organized; the location of its principal office; the name and post office address of its president, secretary, auditor, treasurer, superintendent and general manager; the name and post office address of the chief officer or managing agent or attorney-in-fact in Washington. (2) The total number of cars of every class used in transacting business on all lines of railroad, within the state and outside the state; together with the original cost and the fair average value per car of all cars of each of such classes. (3) The total number of miles of railroad main track over which such cars were used within this state and within each county in this state. (4) The total number of car miles made by all cars on each of the several lines of railroad in this state, and the total number of car miles made by all cars on all railroads within and without the state during the year. (5) A statement in detail of the entire gross receipts and net earnings of the company during the year within the state and of the entire system, from all sources. (6) Such other facts or information as the department of revenue may require in the form of return prescribed by it. The department of revenue shall have power to prescribe directions, rules and regulations to be followed in making the report required herein. [1975 1st ex.s. c 278 § 174; 1961 c 15 § 84.16.020. Prior: 1933 c 146 § 2; RRS § 11172-2; prior: 1907 c 36 § 2.] 84.16.020 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.030 Annual statement of railroad companies. The president or other officer of every railroad company whose lines run in, into or through this state, shall, on or before the first day of April in each year, furnish to the department of revenue a statement, verified by the affidavit of the officer making the same, showing as to every private car company respectively, the name of the company, the class of car and the total number of miles made by each class of cars, and the total number of miles made by all cars on its 84.16.030 (2008 Ed.) 84.16.036 lines, branches, sidings, spurs or warehouse tracks, within this state during the year ending on the thirty-first day of December next preceding. [1975 1st ex.s. c 278 § 175; 1961 c 15 § 84.16.030. Prior: 1933 c 146 § 3; RRS § 11172-3.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.032 Access to books and records. The department of revenue shall have access to all books, papers, documents, statements and accounts on file or of record in any of the departments of the state; and shall have the power, by summons signed by director and served in a like manner as a subpoena issued from courts of record, to compel witnesses to appear and give evidence and to produce books and papers. The director or any employee officially designated by the director is authorized to administer oaths to witnesses. The attendance of any witness may be compelled by attachment issued out of any superior court upon application to said court by the department, upon a proper showing that such witness has been duly served with a summons and has refused to appear before the said department. In case of the refusal of a witness to produce books, papers, documents or accounts or to give evidence on matters material to the hearing, the department may institute proceedings in the proper superior court to compel such witness to testify, or to produce such books or papers and to punish him for the refusal. All summons and process issued by the department shall be served by the sheriff of the proper county and such service certified by him to the department of revenue without any compensation therefor. Persons appearing before the department in obedience to a summons, shall, in the discretion of the department, receive the same compensation as witnesses in the superior court. The records, books, accounts and papers of each company shall be subject to visitation, investigation or examination by the department, or any employee thereof officially designated by the director. All real and/or personal property of any company shall be subject to visitation, investigation, examination and/or listing at any and all times by the department, or any person employed by the department. [1975 1st ex.s. c 278 § 176; 1973 c 95 § 10; 1961 c 15 § 84.16.032. Prior: 1933 c 146 § 4; RRS § 11172-4; prior: 1907 c 36 § 6. Formerly RCW 84.16.060.] 84.16.032 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.034 Depositions may be taken, when. The department of revenue in any matter material to the valuation, assessment or taxation of the property of any company, may cause the deposition of witnesses residing without the state or absent therefrom, to be taken upon notice to the company interested in like manner as the deposition of witnesses are taken in civil actions in the superior court. [1975 1st ex.s. c 278 § 177; 1961 c 15 § 84.16.034. Prior: 1933 c 146 § 5; RRS § 11172-5. Formerly RCW 84.16.070.] 84.16.034 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.036 Default valuation by department of revenue—Penalty—Estoppel. (1) If any company shall fail to comply with the provisions of RCW 84.16.020, the department shall add to the value of such company, as a penalty for 84.16.036 [Title 84 RCW—page 21] 84.16.040 Title 84 RCW: Property Taxes such failure, five percent for every thirty days or fraction thereof, not to exceed ten percent, that the company fails to comply. (2) If any company, or its officer or agent, shall refuse or neglect to make any report required by this chapter, or by the department of revenue, or shall refuse or neglect to permit an inspection and examination of its records, books, accounts, papers or property requested by the department of revenue, or shall refuse or neglect to appear before the department in obedience to a summons, the department shall inform itself the best it may of the matters to be known, in order to discharge its duties with respect to valuation and assessment of the property of such company; and the department shall add to the value so ascertained twenty-five percent as a penalty for the failure or refusal of such company to make its report and such company shall be estopped to question or impeach the assessment of the department of revenue in any hearing or proceeding thereafter. Such penalty shall be in lieu of the penalty provided for in subsection (1) of this section. (3) The department shall waive or cancel the penalty imposed under subsection (1) of this section for good cause shown. (4) The department shall waive or cancel the penalty imposed under subsection (1) of this section when the circumstances under which the failure to materially comply with the provisions of RCW 84.16.020 do not qualify for waiver or cancellation under subsection (3) of this section if: (a) The company fully complies with the reporting provisions of RCW 84.16.020 within thirty days of the due date; and (b) The company has timely complied with the provisions of RCW 84.16.020 for the previous two calendar years. The requirement that a company has timely complied with the provisions of RCW 84.16.020 for the previous two calendar years is waived for any calendar year in which the company was not required to comply with the provisions of RCW 84.16.020. [2007 c 111 § 202; 1984 c 132 § 3; 1975 1st ex.s. c 278 § 178; 1961 c 15 § 84.16.036. Prior: 1933 c 146 § 6; RRS § 11172-6; prior: 1907 c 36 §§ 5, 6. Formerly RCW 84.16.080.] Application—2007 c 111 §§ 201 and 202: See note following RCW 84.12.260. Part headings not law—2007 c 111: See note following RCW 82.16.120. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.040 Annual assessment—Sources of information. The department of revenue shall annually make an assessment of the operating property of each private car company; and between the first day of May and the first day of July of each year shall prepare an assessment roll upon which it shall enter and assess the true and fair value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made. For the purpose of determining the true and fair value of such property the department of revenue may take into consideration any information or knowledge obtained by it from an examination and inspection of such property, or of the books, records, and accounts of such companies, the statements filed as required by this chapter, the reports, statements, or returns 84.16.040 [Title 84 RCW—page 22] of such companies filed in the office of any board, office, or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the true and fair valuation of any and all property of such companies, whether operating property or nonoperating property, and whether situated within or without the state, and any other facts, evidences, or information that may be obtainable bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character, and true and fair value of the operating property of such company. [2001 c 187 § 9; 1997 c 3 § 119 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 26; 1975 1st ex.s. c 278 § 179; 1961 c 15 § 84.16.040. Prior: 1939 c 206 § 22; 1933 c 146 § 7; RRS § 11172-7; prior: 1907 c 36 § 7.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.050 Basis of valuation—Apportionment of system value to state. The department of revenue may, in determining the true and fair value of the operating property to be placed on the assessment roll value the entire property as a unit. If the company owns, leases, operates or uses property partly within and partly without the state, the department of revenue may determine the value of the operating property within this state by the proportion that the value of such property bears to the value of the entire operating property of the company, both within and without this state. In determining the operating property which is located within this state the department of revenue may consider and base such determination on the proportion which the number of car miles of the various classes of cars made in this state bears to the total number of car miles made by the same cars within and without this state, or to the total number of car miles made by all cars of the various classes within and without this state. If the value of the operating property of the company cannot be fairly determined in such manner the department of revenue may use any other reasonable and fair method to determine the value of the operating property of the company within this state. [2001 c 187 § 10; 1997 c 3 § 120 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 27; 1975 1st ex.s. c 278 § 180; 1961 c 15 § 84.16.050. Prior: 1933 c 146 § 8; RRS § 11172-8; prior: 1907 c 36 § 7.] 84.16.050 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.090 Assessment roll—Notice of valuation. Upon the assessment roll shall be placed after the name of each company a general description of the operating property 84.16.090 (2008 Ed.) Assessment and Taxation of Private Car Companies of the company, which shall be considered sufficient if described in the language of RCW 84.16.010(3) or otherwise, following which shall be entered the true and fair value of the operating property as determined by the department of revenue. No assessment shall be invalid by a mistake in the name of the company assessed, by omission of the name of the owner or by the entry of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the true and fair value of the operating property of the company, as required, it shall notify the company by mail of the valuation determined by it and entered upon the roll; and thereupon such valuation shall become the true and fair value of the operating property of the company, subject to revision or correction by the department of revenue as hereinafter provided; and shall be the valuation upon which, after equalization by the department of revenue as hereinafter provided, the taxes of such company shall be based and computed. [2001 c 187 § 11; 1997 c 3 § 121 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 28; 1975 1st ex.s. c 278 § 181; 1961 c 15 § 84.16.090. Prior: 1933 c 146 § 9; RRS § 11172-9; prior: 1907 c 36 § 4.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.100 Hearings, time and place of. Every company assessed under the provisions of this chapter shall be entitled on its own motion to a hearing and to present evidence before the department of revenue, within the ten working days following the hearing request period, relating to the value of the operating property of such company and to the value of the other taxable property in the counties in which the operating property of such company is situate. Upon request in writing for such hearing, which must be presented to the department of revenue within the first ten working days of July following the making of the assessment, the department shall appoint a time and place therefor, within the respective periods aforesaid, the hearing to be conducted in such manner as the department shall direct. Hearings provided for in this section may be held at such times and in such places throughout the state as the department may deem proper or necessary and may be adjourned from time to time and from place to place. [1994 c 124 § 15; 1975 1st ex.s. c 278 § 182; 1961 c 15 § 84.16.100. Prior: 1939 c 206 § 23; 1933 c 146 § 10; RRS § 11172-10.] 84.16.100 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.130 assessed to actual value of the general property of the respective counties: PROVIDED, That, whenever the amount of the true and fair value of the operating property of any company otherwise apportionable to any county shall be less than two hundred fifty dollars, such amount need not be apportioned to such county but may be added to the amount apportioned to an adjacent county. [2001 c 187 § 12; 1997 c 3 § 122 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 29; 1967 ex.s. c 26 § 18; 1961 c 15 § 84.16.110. Prior: 1939 c 206 § 24; 1933 c 146 § 11; RRS § 11172-11.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1967 ex.s. c 26: See note following RCW 82.01.050. 84.16.120 Basis of apportionment. The true and fair value of the property of each company as fixed and determined by the department of revenue as herein provided shall be apportioned to the respective counties in the following manner: (1) If all the operating property of the company is situated entirely within a county and none of such property is located within, extends into, or through or is operated into or through any other county, the entire value thereof shall be apportioned to the county within which such property is situated, located, and operated. (2) If the operating property of any company is situated or located within, extends into or is operated into or through more than one county, the value thereof shall be apportioned to the respective counties into or through which its cars are operated in the proportion that the length of main line track of the respective railroads moving such cars in such counties bears to the total length of main line track of such respective railroads in this state. (3) If the property of any company is of such character that it will not be reasonable, feasible or fair to apportion the value as hereinabove provided, the value thereof shall be apportioned between the respective counties into or through which such property extends or is operated or in which the same is located in such manner as may be reasonable, feasible and fair. [2001 c 187 § 13; 1997 c 3 § 123 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 30; 1961 c 15 § 84.16.120. Prior: 1933 c 146 § 12; RRS § 1117212; prior: 1907 c 36 § 7.] 84.16.120 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. 84.16.130 Certification to county assessors—Apportionment to taxing districts—Entry upon tax rolls. When the department of revenue shall have determined the equalized or assessed value of the operating property of each company in the respective counties as hereinabove provided, the department of revenue shall certify such equalized or assessed value to the county assessor of the proper county; and the county assessor shall apportion and distribute such assessed or equalized valuation to and between the several 84.16.130 84.16.110 Apportionment of value to counties by department of revenue. Upon determination by the department of revenue of the true and fair value of the property appearing on such rolls the department shall apportion such value to the respective counties entitled thereto as hereinafter provided, and shall determine the equalized or assessed valuation of such property in such counties by applying to such actual apportioned value the same ratio as the ratio of 84.16.110 (2008 Ed.) [Title 84 RCW—page 23] 84.16.140 Title 84 RCW: Property Taxes taxing districts of the county entitled to a proportionate value thereof in the manner prescribed in RCW 84.16.120 for apportionment of values between counties. The county assessor shall enter such assessment upon the personal property tax rolls of the county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating company in such county for that year, upon which taxes shall be levied and collected the same as on general property of the county. [1994 c 301 § 31; 1975 1st ex.s. c 278 § 183; 1961 c 15 § 84.16.130. Prior: 1939 c 206 § 25; 1933 c 146 § 13; RRS § 11172-13.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.16.140 84.16.140 Assessment of nonoperating property. All property of any company not assessed as operating property under the provisions of this chapter shall be assessed by the assessor of the county wherein the same may be located or situate the same as the general property of the county. [1961 c 15 § 84.16.140. Prior: 1933 c 146 § 14; RRS § 11172-14.] Chapter 84.20 Chapter 84.20 RCW EASEMENTS OF PUBLIC UTILITIES Sections 84.20.010 84.20.020 84.20.030 84.20.040 84.20.050 Easements taxable as personalty. Servient estate taxable as realty. Sale for taxes—Realty to be sold subject to easement. Realty not subject to tax on easement or property thereon. Railroads excepted. 84.20.010 84.20.010 Easements taxable as personalty. Easements and the property constructed upon or occupying such easements owned by public service corporations shall be assessed and taxed together as personal property and the taxes thereon shall be collected as personal property taxes. [1961 c 15 § 84.20.010. Prior: 1929 c 199 § 1; RRS § 11188.] 84.20.020 84.20.020 Servient estate taxable as realty. Real estate subject to any such easement shall be assessed and taxed as real estate subject to such easement. [1961 c 15 § 84.20.020. Prior: 1929 c 199 § 2; RRS § 11189.] 84.20.030 84.20.030 Sale for taxes—Realty to be sold subject to easement. When any such real estate is sold for delinquent taxes thereon it shall be sold subject to such easement, and the purchaser at any such tax sale shall acquire no title to such easement or the property constructed upon or occupying the same. [1961 c 15 § 84.20.030. Prior: 1929 c 199 § 3; RRS § 11190.] 84.20.040 84.20.040 Realty not subject to tax on easement or property thereon. Real estate subject to any such easement shall not be chargeable with any tax levied upon such easement or the property constructed upon or occupying such easement and shall not be sold for the nonpayment of any such tax. [1961 c 15 § 84.20.040. Prior: 1929 c 199 § 4; RRS § 11191.] [Title 84 RCW—page 24] 84.20.050 Railroads excepted. This chapter shall not apply to railroad easements or property. [1961 c 15 § 84.20.050. Prior: 1929 c 199 § 5; RRS § 11192.] 84.20.050 Chapter 84.26 Chapter 84.26 RCW HISTORIC PROPERTY Sections 84.26.010 84.26.020 84.26.030 84.26.040 84.26.050 84.26.060 84.26.070 84.26.080 84.26.090 84.26.100 84.26.110 84.26.120 84.26.130 84.26.900 Legislative findings. Definitions. Special valuation criteria. Application—Fees. Referral of application to local review board—Agreement— Approval or denial. Notice to assessor of approval—Certification and filing— Notation of special valuation. Valuation. Duration of special valuation—Notice of disqualification. Disqualification for valuation—Additional tax—Lien— Exceptions from additional tax. Payment of additional tax—Distribution. Special valuation—Request for assistance from state historic preservation officer authorized. Rules. Appeals from decisions on applications. Severability—1985 c 449. 84.26.010 Legislative findings. The legislature finds and declares that it is in the public interest of the people of the state of Washington to encourage maintenance, improvement, and preservation of privately owned historic landmarks as the state approaches its Centennial year of 1989. To achieve this purpose, this chapter provides special valuation for improvements to historic property. [1985 c 449 § 1.] 84.26.010 84.26.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is: (a) Listed in a local register of historic places created by comprehensive ordinance, certified by the secretary of the interior as provided in P.L. 96-515; or (b) Listed in the national register of historic places. (2) "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. (3) "Special valuation" means the determination of the assessed value of the historic property subtracting, for up to ten years, such cost as is approved by the local review board. (4) "State review board" means the advisory council on historic preservation established under chapter 27.34 RCW, or any successor agency designated by the state to act as the state historic preservation review board under federal law. (5) "Local review board" means a local body designated by the local legislative authority. (6) "Owner" means the owner of record. (7) "Rehabilitation" is the process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its architectural and cultural values. [1986 c 221 § 1; 1985 c 449 § 2.] 84.26.020 (2008 Ed.) Historic Property 84.26.030 Special valuation criteria. Four criteria must be met for special valuation under this chapter. The property must: (1) Be an historic property; (2) Fall within a class of historic property determined eligible for special valuation by the local legislative authority; (3) Be rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) within twenty-four months prior to the application for special valuation; and (4) Be protected by an agreement between the owner and the local review board as described in RCW 84.26.050(2). [1986 c 221 § 2; 1985 c 449 § 3.] 84.26.030 84.26.040 Application—Fees. An owner of property desiring special valuation under this chapter shall apply to the assessor of the county in which the property is located upon forms prescribed by the department of revenue and supplied by the county assessor. The application form shall include a statement that the applicant is aware of the potential tax liability involved when the property ceases to be eligible for special valuation. Applications shall be made no later than October 1 of the calendar year preceding the first assessment year for which classification is requested. The assessor may charge only such fees as are necessary to process and record documents pursuant to this chapter. [1986 c 221 § 3; 1985 c 449 § 4.] 84.26.040 84.26.050 Referral of application to local review board—Agreement—Approval or denial. (1) Within ten days after the filing of the application in the county assessor’s office, the county assessor shall refer each application for classification to the local review board. (2) The review board shall approve the application if the property meets the criterion of RCW 84.26.030 and is not altered in a way which adversely affects those elements which qualify it as historically significant, and the owner enters into an agreement with the review board which requires the owner for the ten-year period of the classification to: (a) Monitor the property for its continued qualification for the special valuation; (b) Comply with rehabilitation plans and minimum standards of maintenance as defined in the agreement; (c) Make the historic aspects of the property accessible to public view one day a year, if the property is not visible from the public right-of-way; (d) Apply to the local review board for approval or denial of any demolition or alteration; and (e) Comply with any other provisions in the original agreement as may be appropriate. (3) Once an agreement between an owner and a review board has become effective pursuant to this chapter, there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of the agreement, during the period of the classification without the approval of all parties to the agreement. (4) An application for classification as an eligible historic property shall be approved or denied by the local review board before December 31 of the calendar year in which the application is made. 84.26.050 (2008 Ed.) 84.26.080 (5) The local review board is authorized to examine the records of applicants. [1986 c 221 § 4; 1985 c 449 § 5.] 84.26.060 Notice to assessor of approval—Certification and filing—Notation of special valuation. (1) The review board shall notify the county assessor and the applicant of the approval or denial of the application. (2) If the local review board determines that the property qualifies as eligible historic property, the review board shall certify the fact in writing and shall file a copy of the certificate with the county assessor within ten days. The certificate shall state the facts upon which the approval is based. (3) The assessor shall record the certificate with the county auditor. (4) The assessor, as to any historic property, shall value the property under RCW 84.26.070 and, each year the historic property is classified and so valued, shall enter on the assessment list and tax roll that the property is being specially valued as historic property. [1985 c 449 § 6.] 84.26.060 84.26.070 Valuation. (1) The county assessor shall, for ten consecutive assessment years following the calendar year in which application is made, place a special valuation on property classified as eligible historic property. (2) The entitlement of property to the special valuation provisions of this section shall be determined as of January 1. If property becomes disqualified for the special valuation for any reason, the property shall receive the special valuation for that part of any year during which it remained qualified or the owner was acting in the good faith belief that the property was qualified. (3) At the conclusion of special valuation, the cost shall be considered as new construction. [1986 c 221 § 5; 1985 c 449 § 7.] 84.26.070 84.26.080 Duration of special valuation—Notice of disqualification. (1) When property has once been classified and valued as eligible historic property, it shall remain so classified and be granted the special valuation provided by RCW 84.26.070 for ten years or until the property is disqualified by: (a) Notice by the owner to the assessor to remove the special valuation; (b) Sale or transfer to an ownership making it exempt from property taxation; or (c) Removal of the special valuation by the assessor upon determination by the local review board that the property no longer qualifies as historic property or that the owner has failed to comply with the conditions established under RCW 84.26.050. (2) The sale or transfer to a new owner or transfer by reason of death of a former owner to a new owner does not disqualify the property from the special valuation provided by RCW 84.26.070 if: (a) The property continues to qualify as historic property; and (b) The new owner files a notice of compliance with the assessor of the county in which the property is located. Notice of compliance forms shall be prescribed by the state department of revenue and supplied by the county assessor. 84.26.080 [Title 84 RCW—page 25] 84.26.090 Title 84 RCW: Property Taxes The notice shall contain a statement that the new owner is aware of the special valuation and of the potential tax liability involved when the property ceases to be valued as historic property under this chapter. The signed notice of compliance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. If the notice of compliance is not signed by the new owner and attached to the real estate excise tax affidavit, all additional taxes calculated pursuant to RCW 84.26.090 shall become due and payable by the seller or transferor at time of sale. The county auditor shall not accept an instrument of conveyance of specially valued historic property for filing or recording unless the new owner has signed the notice of compliance or the additional tax has been paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. (3) When the property ceases to qualify for the special valuation the owner shall immediately notify the state or local review board. (4) Before the additional tax or penalty imposed by RCW 84.26.090 is levied, in the case of disqualification, the assessor shall notify the taxpayer by mail, return receipt requested, of the disqualification. [2000 c 103 § 22; 1999 c 233 § 19; 1986 c 221 § 6; 1985 c 449 § 8.] Effective date—1999 c 233: See note following RCW 4.28.320. 84.26.090 Disqualification for valuation—Additional tax—Lien—Exceptions from additional tax. (1) Except as provided in subsection (3) of this section, whenever property classified and valued as eligible historic property under RCW 84.26.070 becomes disqualified for the valuation, there shall be added to the tax an additional tax equal to: (a) The cost multiplied by the levy rate in each year the property was subject to special valuation; plus (b) Interest on the amounts of the additional tax at the statutory rate charged on delinquent property taxes from the dates on which the additional tax could have been paid without penalty if the property had not been valued as historic property under this chapter; plus (c) A penalty equal to twelve percent of the amount determined in (a) and (b) of this subsection. (2) The additional tax and penalties, together with applicable interest thereon, shall become a lien on the property which shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the property may become charged or liable. (3) The additional tax, interest, and penalty shall not be imposed if the disqualification resulted solely from: (a) Sale or transfer of the property to an ownership making it exempt from taxation; (b) Alteration or destruction through no fault of the owner; or (c) A taking through the exercise of the power of eminent domain. [1986 c 221 § 7; 1985 c 449 § 9.] 84.26.090 84.26.100 Payment of additional tax—Distribution. The additional tax, penalties, and/or interest provided by RCW 84.26.090 shall be payable in full thirty days after the date which the treasurer’s statement therefor is rendered. Such additional tax when collected shall be distributed by the county treasurer in the same manner in which current taxes applicable to the subject land are distributed. [1985 c 449 § 10.] 84.26.110 Special valuation—Request for assistance from state historic preservation officer authorized. The local legislative authority and the local review board may request the assistance of the state historic preservation officer in conducting special valuation activities. [1985 c 449 § 11.] 84.26.110 84.26.120 Rules. The state review board shall adopt rules necessary to carry out the purposes of this chapter. The rules shall include rehabilitation and maintenance standards for historic properties to be used as minimum requirements by local review boards to ensure that the historic property is safe and habitable, including but not limited to: (1) Elimination of visual blight due to past neglect of maintenance and repair to the exterior of the building, including replacement of broken or missing doors and windows, repair of deteriorated architectural features, and painting of exterior surfaces; (2) Correction of structural defects and hazards; (3) Protection from weather damage due to defective roofing, flashings, glazing, caulking, or lack of heat; and (4) Elimination of any condition on the premises which could cause or augment fire or explosion. [1985 c 449 § 12.] 84.26.120 84.26.130 Appeals from decisions on applications. Any decision by a local review board on an application for classification as historic property eligible for special valuation may be appealed to superior court under RCW 34.05.510 through 34.05.598 in addition to any other remedy at law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the county board of equalization in accordance with RCW 84.40.038. [2001 c 185 § 2; 1989 c 175 § 178; 1985 c 449 § 13.] 84.26.130 Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. Effective date—1989 c 175: See note following RCW 34.05.010. 84.26.900 Severability—1985 c 449. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1985 c 449 § 15.] 84.26.900 Chapter 84.33 Sections 84.33.010 84.33.035 84.33.040 84.33.041 84.26.100 [Title 84 RCW—page 26] Chapter 84.33 RCW TIMBER AND FOREST LANDS 84.33.046 84.33.051 84.33.074 Legislative findings. Definitions. Timber exempt from ad valorem taxation. State excise tax on harvesters of timber imposed—Credit for county tax—Deposit of moneys in timber tax distribution account. Excise tax rate July 1, 1988, and thereafter. County excise tax on harvesters of timber authorized—Rate— Administration and collection—Deposit of moneys in timber tax distribution account—Use. Excise tax on harvesters of timber—Calculation of tax by small harvesters—Election—Filing form. (2008 Ed.) Timber and Forest Lands 84.33.0741 84.33.075 84.33.077 84.33.0775 84.33.0776 84.33.078 84.33.081 84.33.086 84.33.088 84.33.089 84.33.091 84.33.096 84.33.130 84.33.140 84.33.145 84.33.170 84.33.175 84.33.200 84.33.210 84.33.220 84.33.230 84.33.240 84.33.250 84.33.260 84.33.270 84.33.280 Excise tax on harvesters of timber—Timber harvested between December 31, 2007, and January 1, 2010, from flood disaster area. Excise tax on harvesters of timber—Exemption for certain nonprofit organizations, associations, or corporations. Credit for property taxes paid on timber on public land. Timber harvest tax credit. Timber harvest excise tax agreement credit. Harvesting and marketing costs for state or local government harvests. Distributions from timber tax distribution account—Distributions from county timber tax account. Payment of tax. Reporting requirements on timber purchase. Estimates of harvestable public forest land—Adjustments. Tables of stumpage values—Revised tables—Legislative review—Appeal. Application of excise taxes’ administrative provisions and definitions. Forest land valuation—Application by owner that land be designated and valued as forest land—Hearing—Rules— Approval, denial of application—Appeal. Forest land valuation—Notation of forest land designation upon assessment and tax rolls—Notice of continuance— Removal of designation—Compensating tax. Compensating tax. Application of chapter to Christmas trees. Application of tax—Sale of land to governmental agency with reservation of rights to timber—Conveyance by governmental agency of trees. Legislative review of timber tax system—Information and data to be furnished. Forest land valuation—Special benefit assessments. Forest land valuation—Withdrawal from designation or change in use—Liability. Forest land valuation—Change in designation—Notice. Forest land valuation—Change in classification or use— Application of payments. Forest land valuation—Special benefit assessments. Forest land valuation—Withdrawal from designation or change in use—Benefit assessments. Forest land valuation—Government future development right—Conserving forest land—Exemptions. Applicant for forest riparian easement program—Department to rely on certain documents. 84.33.010 Legislative findings. As a result of the study and analysis of systems of taxation of standing timber and forest lands by the forest tax committee pursuant to Senate Concurrent Resolution No. 30 of the 41st session of the legislature, and the recommendations of the committee based thereon, the legislature hereby finds that: (1) The public welfare requires that this state’s system for taxation of timber and forest lands be modernized to assure the citizens of this state and its future generations the advantages to be derived from the continuous production of timber and forest products from the significant area of privately owned forests in this state. It is this state’s policy to encourage forestry and restocking and reforesting of such forests so that present and future generations will enjoy the benefits which forest areas provide in enhancing water supply, in minimizing soil erosion, storm and flood damage to persons or property, in providing a habitat for wild game, in providing scenic and recreational spaces, in maintaining land areas whose forests contribute to the natural ecological equilibrium, and in providing employment and profits to its citizens and raw materials for products needed by everyone. (2) The combination of variations in quantities, qualities and locations of timber and forest lands, the fact that market areas for timber products are nationwide and worldwide and the unique long term nature of investment costs and risks associated with growing timber, all make exceedingly diffi84.33.010 (2008 Ed.) 84.33.035 cult the function of valuing and assessing timber and forest lands. (3) The existing ad valorem property tax system is unsatisfactory for taxation of standing timber and forest land and will significantly frustrate, to an ever increasing degree with the passage of time, the perpetual enjoyment of the benefits enumerated above. (4) For these reasons it is desirable, in exercise of the powers to promote the general welfare and to impose taxes; that (a) the ad valorem system for taxing timber be modified and discontinued in stages over a three year period during which such system will be replaced by one under which timber will be taxed on the basis of stumpage value at the time of harvest, and (b) forest land remain under the ad valorem taxation system but be taxed only as provided in this chapter and RCW 28A.150.250. [1990 c 33 § 598; 1984 c 204 § 16; 1971 ex.s. c 294 § 1.] Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.035 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agricultural methods" means the cultivation of trees that are grown on land prepared by intensive cultivation and tilling, such as irrigating, plowing, or turning over the soil, and on which all unwanted plant growth is controlled continuously for the exclusive purpose of raising trees such as Christmas trees and short-rotation hardwoods. (2) "Average rate of inflation" means the annual rate of inflation as determined by the department averaged over the period of time as provided in RCW 84.33.220 (1) and (2). This rate shall be published in the state register by the department not later than January 1st of each year for use in that assessment year. (3) "Composite property tax rate" for a county means the total amount of property taxes levied upon forest lands by all taxing districts in the county other than the state, divided by the total assessed value of all forest land in the county. (4) "Forest land" is synonymous with "designated forest land" and means any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres that is or are devoted primarily to growing and harvesting timber. Designated forest land means the land only and does not include a residential homesite. The term includes land used for incidental uses that are compatible with the growing and harvesting of timber but no more than ten percent of the land may be used for such incidental uses. It also includes the land on which appurtenances necessary for the production, preparation, or sale of the timber products exist in conjunction with land producing these products. (5) "Harvested" means the time when in the ordinary course of business the quantity of timber by species is first definitely determined. The amount harvested shall be determined by the Scribner Decimal C Scale or other prevalent 84.33.035 [Title 84 RCW—page 27] 84.33.035 Title 84 RCW: Property Taxes measuring practice adjusted to arrive at substantially equivalent measurements, as approved by the department. (6) "Harvester" means every person who from the person’s own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, fells, cuts, or takes timber for sale or for commercial or industrial use. When the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein so fells, cuts, or takes timber for sale or for commercial or industrial use, the harvester is the first person other than the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein, who acquires title to or a possessory interest in the timber. The term "harvester" does not include persons performing under contract the necessary labor or mechanical services for a harvester. (7) "Harvesting and marketing costs" means only those costs directly associated with harvesting the timber from the land and delivering it to the buyer and may include the costs of disposing of logging residues. Any other costs that are not directly and exclusively related to harvesting and marketing of the timber, such as costs of permanent roads or costs of reforesting the land following harvest, are not harvesting and marketing costs. (8) "Incidental use" means a use of designated forest land that is compatible with its purpose for growing and harvesting timber. An incidental use may include a gravel pit, a shed or land used to store machinery or equipment used in conjunction with the timber enterprise, and any other use that does not interfere with or indicate that the forest land is no longer primarily being used to grow and harvest timber. (9) "Local government" means any city, town, county, water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary or storm sewerage systems, domestic water supply or distribution systems, or road construction or improvement purposes. (10) "Local improvement district" means any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to the districts. (11) "Owner" means the party or parties having the fee interest in land, except where land is subject to a real estate contract "owner" means the contract vendee. (12) "Primarily" or "primary use" means the existing use of the land is so prevalent that when the characteristic use of the land is evaluated any other use appears to be conflicting or nonrelated. (13) "Short-rotation hardwoods" means hardwood trees, such as but not limited to hybrid cottonwoods, cultivated by agricultural methods in growing cycles shorter than fifteen years. (14) "Small harvester" means every person who from his or her own land or from the land of another under a right or [Title 84 RCW—page 28] license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, fells, cuts, or takes timber for sale or for commercial or industrial use in an amount not exceeding two million board feet in a calendar year. When the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein so fells, cuts, or takes timber for sale or for commercial or industrial use, not exceeding these amounts, the small harvester is the first person other than the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein, who acquires title to or a possessory interest in the timber. Small harvester does not include persons performing under contract the necessary labor or mechanical services for a harvester, and it does not include the harvesters of Christmas trees or short-rotation hardwoods. (15) "Special benefit assessments" means special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement. (16) "Stumpage value of timber" means the appropriate stumpage value shown on tables prepared by the department under RCW 84.33.091, provided that for timber harvested from public land and sold under a competitive bidding process, stumpage value shall mean the actual amount paid to the seller in cash or other consideration. The stumpage value of timber from public land does not include harvesting and marketing costs if the timber from public land is harvested by, or under contract for, the United States or any instrumentality of the United States, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein. Whenever payment for the stumpage includes considerations other than cash, the value shall be the fair market value of the other consideration. If the other consideration is permanent roads, the value of the roads shall be the appraised value as appraised by the seller. (17) "Timber" means forest trees, standing or down, on privately or publicly owned land, and except as provided in RCW 84.33.170 includes Christmas trees and short-rotation hardwoods. (18) "Timber assessed value" for a county means the sum of: (a) The total stumpage value of timber harvested from publicly owned land in the county multiplied by the public timber ratio, plus; (b) the total stumpage value of timber harvested from privately owned land in the county multiplied by the private timber ratio. The numerator of the public timber ratio is the rate of tax imposed by the county under RCW 84.33.051 on public timber harvests for the year of the calculation. The numerator of the private timber ratio is the rate of tax imposed by the county under RCW 84.33.051 on private timber harvests for the year of the calculation. The denominator of the private timber ratio and the public timber ratio is the composite property tax rate for the county for taxes due in the year of the calculation, expressed as a percentage of assessed value. The department shall use the stumpage value of timber harvested during the most recent (2008 Ed.) Timber and Forest Lands four calendar quarters for which the information is available. The department shall calculate the timber assessed value for each county before October 1st of each year. (19) "Timber assessed value" for a taxing district means the timber assessed value for the county multiplied by a ratio. The numerator of the ratio is the total assessed value of forest land in the taxing district. The denominator is the total assessed value of forest land in the county. As used in this section, "assessed value of forest land" means the assessed value of forest land for taxes due in the year the timber assessed value for the county is calculated plus an additional value for public forest land. The additional value for public forest land is the product of the number of acres of public forest land that are available for timber harvesting determined under RCW 84.33.089 and the average assessed value per acre of private forest land in the county. (20) "Timber management plan" means a plan prepared by a trained forester, or any other person with adequate knowledge of timber management practices, concerning the use of the land to grow and harvest timber. Such a plan includes: (a) A legal description of the forest land; (b) A statement that the forest land is held in contiguous ownership of twenty or more acres and is primarily devoted to and used to grow and harvest timber; (c) A brief description of the timber on the forest land or, if the timber on the land has been harvested, the owner’s plan to restock the land with timber; (d) A statement about whether the forest land is also used to graze livestock; (e) A statement about whether the land has been used in compliance with the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW; and (f) If the land has been recently harvested or supports a growth of brush and noncommercial type timber, a description of the owner’s plan to restock the forest land within three years. [2004 c 177 § 1; 2003 c 313 § 12. Prior: 2001 c 249 § 1; 2001 c 97 § 1; 1995 c 165 § 1; 1986 c 315 § 1; 1984 c 204 § 1.] Effective date—2004 c 177: "This act takes effect January 1, 2005." [2004 c 177 § 8.] Findings—Severability—2003 c 313: See notes following RCW 79.15.500. Application—1995 c 165: "This act applies to taxes levied in 1995 for collection in 1996 and thereafter." [1995 c 165 § 3.] Savings—1984 c 204: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections." [1984 c 204 § 48.] Effective date—1984 c 204: "This act shall take effect July 1, 1984." [1984 c 204 § 49.] 84.33.040 Timber exempt from ad valorem taxation. Timber is exempt from ad valorem taxation. [2004 c 177 § 3; 1984 c 204 § 18; 1983 1st ex.s. c 62 § 7; 1971 ex.s. c 294 § 4.] 84.33.040 Application—2004 c 177 § 3: "Section 3 of this act applies to taxes levied for collection in 2005 and thereafter." [2004 c 177 § 7.] Effective date—2004 c 177: See note following RCW 84.33.035. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. (2008 Ed.) 84.33.051 Short title—Intent—Effective dates—Applicability—1983 1st ex.s. c 62: See notes following RCW 84.36.477. 84.33.041 State excise tax on harvesters of timber imposed—Credit for county tax—Deposit of moneys in timber tax distribution account. (1) An excise tax is imposed on every person engaging in this state in business as a harvester of timber on privately or publicly owned land. The tax is equal to the stumpage value of timber harvested for sale or for commercial or industrial use multiplied by the rate provided in this chapter. (2) A credit is allowed against the tax imposed under this section for any tax paid under RCW 84.33.051. (3) Moneys received as payment for the tax imposed under this section and RCW 84.33.051 shall be deposited in the timber tax distribution account hereby established in the state treasury. [1991 sp.s. c 13 § 26; 1985 c 57 § 87; 1984 c 204 § 2.] 84.33.041 Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1985 c 57: See note following RCW 18.04.105. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. Use of collection agencies to collect taxes outside the state: RCW 82.32.265. 84.33.046 Excise tax rate July 1, 1988, and thereafter. The rate of tax imposed under RCW 84.33.041 for timber harvested July 1, 1988, and thereafter, shall be five percent. [1984 c 204 § 7.] 84.33.046 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.051 County excise tax on harvesters of timber authorized—Rate—Administration and collection— Deposit of moneys in timber tax distribution account— Use. (1) The legislative body of any county may impose a tax upon every person engaging in the county in business as a harvester effective October 1, 1984. The tax shall be equal to the stumpage value of timber harvested from privately owned land multiplied by a rate of 4 percent; and equal to the stumpage value of timber harvested from publicly owned land multiplied by the following rates: (a) For timber harvested January 1, 2005, through December 31, 2005, 1.2 percent; (b) For timber harvested January 1, 2006, through December 31, 2006, 1.5 percent; (c) For timber harvested January 1, 2007, through December 31, 2007, 1.8 percent; (d) For timber harvested January 1, 2008, through December 31, 2008, 2.1 percent; (e) For timber harvested January 1, 2009, through December 31, 2009, 2.4 percent; (f) For timber harvested January 1, 2010, through December 31, 2010, 2.7 percent; (g) For timber harvested January 1, 2011, through December 31, 2011, 3.1 percent; (h) For timber harvested January 1, 2012, through December 31, 2012, 3.4 percent; (i) For timber harvested January 1, 2013, through December 31, 2013, 3.7 percent; 84.33.051 [Title 84 RCW—page 29] 84.33.074 Title 84 RCW: Property Taxes (j) For timber harvested January 1, 2014, and thereafter, 4.0 percent. (2) Before the effective date of any ordinance imposing a tax under this section, the county shall contract with the department of revenue for administration and collection of the tax. The tax collected by the department of revenue under this section shall be deposited by the department in the timber tax distribution account. Moneys in the account may be spent only for distributions to counties under RCW 84.33.081 and, after appropriation by the legislature, for the activities undertaken by the department of revenue relating to the collection and administration of the taxes imposed under this section and RCW 84.33.041. Appropriations are not required for distributions to counties under RCW 84.33.081. [2004 c 177 § 2; 1984 c 204 § 8.] Effective date—2004 c 177: See note following RCW 84.33.035. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.074 Excise tax on harvesters of timber—Calculation of tax by small harvesters—Election—Filing form. (1) A small harvester may elect to calculate the tax imposed by this chapter in the manner provided in this section. (2) Timber shall be considered harvested at the time when in the ordinary course of business the quantity thereof by species is first definitely determined. The amount harvested shall be determined by the Scribner Decimal C Scale or other prevalent measuring practice adjusted to arrive at substantially equivalent measurements, as approved by the department of revenue. (3) Timber values shall be determined by either of the following methods, whichever is most appropriate to the circumstances of the harvest: (a) When standing timber is sold on the stump, the taxable value is the actual gross receipts received by the landowner from the sale of the standing timber. (b) When timber is sold after it has been harvested, the taxable value is the actual gross receipts from sale of the harvested timber minus the costs of harvesting and marketing the timber. When the taxpayer is unable to provide documented proof of harvesting and marketing costs, this deduction for harvesting and marketing costs shall be a percentage of the gross receipts from sale of the harvested timber as determined by the department of revenue but in no case less than twenty-five percent. (4) The department of revenue shall prescribe a short filing form which shall be as simple as possible. [1984 c 204 § 19; 1981 c 146 § 2.] by this chapter in the manner provided in RCW 84.33.074 for an amount of timber that does not exceed five million board feet, if all of the following conditions are met: (a) The timber is harvested after December 31, 2007, and before January 1, 2010; (b) The timber is harvested on property within a county designated by the president of the United States as a disaster area as a result of severe storms and flooding that occurred in December 2007 and the county qualifies for individual assistance from the federal emergency management agency; and (c) For any tax liability under this chapter incurred by the harvester in calendar years 2005, 2006, and 2007, the tax liability resulted from the felling, cutting, or taking of timber in an amount not exceeding two million board feet in each of those years. (2) This section expires January 1, 2010. [2008 c 181 § 509.] Part headings not law—2008 c 181: See note following RCW 43.06.220. 84.33.074 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. Effective date—1981 c 146: "This act shall take effect January 1, 1982." [1981 c 146 § 3.] Severability—1981 c 146: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 146 § 4.] 84.33.0741 Excise tax on harvesters of timber—Timber harvested between December 31, 2007, and January 1, 2010, from flood disaster area. (Expires January 1, 2010.) (1) A harvester may elect to calculate the tax imposed 84.33.0741 [Title 84 RCW—page 30] 84.33.075 Excise tax on harvesters of timber— Exemption for certain nonprofit organizations, associations, or corporations. The excise tax imposed by this chapter shall not apply to any timber harvested by a nonprofit organization, association, or corporation from forest lands owned by it, where such lands are exempt from property taxes under RCW 84.36.030, and where all of the income and receipts of the nonprofit organization, association, or corporation derived from such timber sales are used solely for the expense of promoting, operating, and maintaining youth programs which are equally available to all, regardless of race, color, national origin, ancestry, or religious belief. In order to determine whether the harvesting of timber by a nonprofit organization, association, or corporation is exempt, the director of the department of revenue shall have access to its books. For the purposes of this section, a "nonprofit" organization, association, or corporation is one: (1) Which pays no part of its income directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the organization, association, or corporation in accordance with its purposes and bylaws; and (2) which pays salary or compensation to its officers only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the public services of the state. [1984 c 204 § 20; 1980 c 134 § 6.] 84.33.075 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.077 Credit for property taxes paid on timber on public land. The amount of any property taxes paid on timber standing on public land shall be allowed as a credit against any tax imposed with respect to the business of harvesting timber from publicly owned land under RCW 84.33.041. However, the amount of credit allowed shall not exceed the amount of excise tax due in respect to the business of harvesting timber from publicly owned land. [1984 c 204 § 21; 1983 1st ex.s. c 62 § 8.] 84.33.077 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. (2008 Ed.) Timber and Forest Lands Short title—Intent—Effective dates—Applicability—1983 1st ex.s. c 62: See notes following RCW 84.36.477. 84.33.0775 Timber harvest tax credit. (1) A taxpayer is allowed a credit against the tax imposed under RCW 84.33.041 for timber harvested on and after January 1, 2000, under a forest practices notification filed or application approved under RCW 76.09.050 and subject to enhanced aquatic resources requirements. (2)(a) For a person other than a small harvester who elects to calculate tax under RCW 84.33.074, the credit is equal to the stumpage value of timber harvested for sale or for commercial or industrial use multiplied by eight-tenths of one percent. (b) For a small harvester who elects to calculate tax under RCW 84.33.074, the credit is equal to sixteen percent of the tax imposed under this chapter. (c) The amount of credit claimed by a taxpayer under this section shall be reduced by the amount of any compensation received from the federal government for reduced timber harvest due to enhanced aquatic resource requirements. If the amount of compensation from the federal government exceeds the amount of credit available to a taxpayer in any reporting period, the excess shall be carried forward and applied against credits in future reporting periods. This subsection does not apply to small harvesters as defined in *RCW 84.33.073. (d) Refunds may not be given in place of credits. Credit may not be claimed in excess of tax owed. The department of revenue shall disallow any credits, used or unused, upon written notification from the department of natural resources of a final decision that timber for which credit was claimed was not harvested under a forest practices notification filed or application approved under RCW 76.09.050 and subject to enhanced aquatic resources requirements. (3) As used in this section, a forest practice[s] notification or application is subject to enhanced aquatic resource requirements if it includes, in whole or in part, riparian area, wetland, or steep or unstable slope from which the operator is limited, by rule adopted under RCW 76.09.055, 34.05.090, 43.21C.250, and 76.09.370, or any federally approved habitat conservation plan or department of natural resources approved watershed analysis, from harvesting timber, or if a road is included within or adjacent to the area covered by such notification or application and the road is covered by a road maintenance plan approved by the department of natural resources under rules adopted under chapter 76.09 RCW, the forest practices act, or a federally approved habitat conservation plan. (4) For forest practices notification or applications submitted after January 1, 2000, the department of natural resources shall indicate whether the notification or application is subject to enhanced aquatic resource requirements and, unless notified of a contrary determination by the forest practices appeals board, the department of revenue shall use such indication in determining the credit to be allowed against the tax assessed under RCW 84.33.041. The department of natural resources shall develop revisions to the form of the forest practices notifications and applications to provide a space for the applicant to indicate and the department of natural resources to confirm or not confirm, whether the 84.33.0775 (2008 Ed.) 84.33.081 notification or application is subject to enhanced aquatic resource requirements. For forest practices notifications or applications submitted before January 1, 2000, the applicant may submit the approved notification or application to the department of natural resources for confirmation that the notification or application is subject to enhanced aquatic resource requirements. Upon any such submission, the department of natural resources will within thirty days confirm or deny that the notification or application is subject to enhanced aquatic resource requirements and will forward separate evidence of each confirmation to the department of revenue. Unless notified of a contrary ruling by the forest practices appeals board, the department of revenue shall use the separate confirmations in determining the credit to be allowed against the tax assessed under RCW 84.33.041. (5) A refusal by the department of natural resources to confirm that a notification or application is subject to enhanced aquatic resources requirements may be appealed to the forest practices appeals board under RCW 76.09.220. (6) A person receiving approval of credit must keep records necessary for the department of revenue to verify eligibility under this section. [1999 sp.s. c 5 § 1; 1999 sp.s. c 4 § 401.] *Reviser’s note: RCW 84.33.073 was repealed by 2001 c 249 § 16. Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 84.33.0776 Timber harvest excise tax agreement credit. A credit is allowed against the tax imposed under RCW 84.33.041 and 84.33.051 for a tribal tax imposed under an agreement authorized by RCW 43.06.480. [2007 c 69 § 4.] 84.33.0776 Findings—Intent—2007 c 69: See note following RCW 43.06.475. 84.33.078 Harvesting and marketing costs for state or local government harvests. If the timber from public land is harvested by the state, its departments and institutions and political subdivisions, or any municipal corporation therein, the governmental unit, or governmental units, that harvest or market the timber must provide the harvester purchasing the timber with its harvesting and marketing costs as defined in RCW 84.33.035(7). [2004 c 177 § 4; 2003 c 313 § 11; 1986 c 65 § 1; 1984 c 204 § 22; 1983 1st ex.s. c 62 § 9.] 84.33.078 Effective date—2004 c 177: See note following RCW 84.33.035. Findings—Severability—2003 c 313: See notes following RCW 79.15.500. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. Short title—Intent—Effective dates—Applicability—1983 1st ex.s. c 62: See notes following RCW 84.36.477. 84.33.081 Distributions from timber tax distribution account—Distributions from county timber tax account. (1) On the last business day of the second month of each calendar quarter, the state treasurer shall distribute from the timber tax distribution account to each county the amount of tax collected on behalf of each county under RCW 84.33.051, less each county’s proportionate share of appropriations for collection and administration activities under RCW 84.33.051, and shall transfer to the state general fund the amount of tax collected on behalf of the state under RCW 84.33.081 [Title 84 RCW—page 31] 84.33.086 Title 84 RCW: Property Taxes 84.33.041, less the amount of the distribution under subsection (7) of this section and the state’s proportionate share of appropriations for collection and administration activities under RCW 84.33.041. The county treasurer shall deposit moneys received under this section in a county timber tax account which shall be established by each county. Following receipt of moneys under this section, the county treasurer shall make distributions from any moneys available in the county timber tax account to taxing districts in the county, except the state, under subsections (2) through (4) of this section. (2) From moneys available, there first shall be a distribution to each taxing district having debt service payments due during the calendar year, based upon bonds issued under authority of a vote of the people conducted pursuant to RCW 84.52.056 and based upon excess levies for a capital project fund authorized pursuant to RCW 84.52.053, of an amount equal to the timber assessed value of the district multiplied by the tax rate levied for payment of the debt service and capital projects: PROVIDED, That in respect to levies for a debt service or capital project fund authorized before July 1, 1984, the amount allocated shall not be less than an amount equal to the same percentage of such debt service or capital project fund represented by timber tax allocations to such payments in calendar year 1984. Distribution under this subsection (2) shall be used only for debt service and capital projects payments. The distribution under this subsection shall be made as follows: One-half of such amount shall be distributed in the first quarter of the year and one-half shall be distributed in the third quarter of the year. (3) From the moneys remaining after the distributions under subsection (2) of this section, the county treasurer shall distribute to each school district an amount equal to one-half of the timber assessed value of the district or eighty percent of the timber roll of such district in calendar year 1983 as determined under this chapter, whichever is greater, multiplied by the tax rate, if any, levied by the district under RCW 84.52.052 or 84.52.053 for purposes other than debt service payments and capital projects supported under subsection (2) of this section. The distribution under this subsection shall be made as follows: One-half of such amount shall be distributed in the first quarter of the year and one-half shall be distributed in the third quarter of the year. (4) After the distributions directed under subsections (2) and (3) of this section, if any, each taxing district shall receive an amount equal to the timber assessed value of the district multiplied by the tax rate, if any, levied as a regular levy of the district or as a special levy not included in subsection (2) or (3) of this section. (5) If there are insufficient moneys in the county timber tax account to make full distribution under subsection (4) of this section, the county treasurer shall multiply the amount to be distributed to each taxing district under that subsection by a fraction. The numerator of the fraction is the county timber tax account balance before making the distribution under that subsection. The denominator of the fraction is the account balance which would be required to make full distribution under that subsection. (6) After making the distributions under subsections (2) through (4) of this section in the full amount indicated for the calendar year, the county treasurer shall place any excess rev[Title 84 RCW—page 32] enue up to twenty percent of the total distributions made for the year under subsections (2) through (4) of this section in a reserve status until the beginning of the next calendar year. Any moneys remaining in the county timber tax account after this amount is placed in reserve shall be distributed to each taxing district in the county in the same proportions as the distributions made under subsection (4) of this section. (7) On the last business day of the second month of each calendar quarter, the state treasurer shall distribute from the timber tax distribution account to each county an amount of tax collected by the state under RCW 84.33.041 equal to the amount of any tribal tax credited against the county’s tax under an agreement entered into under RCW 43.06.480. [2007 c 69 § 5; 1985 c 184 § 1; 1984 c 204 § 9.] Findings—Intent—2007 c 69: See note following RCW 43.06.475. Application—1985 c 184 § 1: "Section 1 of this act applies to distributions beginning in 1986, and thereafter." [1985 c 184 § 3.] Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.086 Payment of tax. (1) The taxes imposed under this chapter shall be computed with respect to timber harvested each calendar quarter and shall be due and payable in quarterly installments. Remittance shall be made on or before the last day of the month next succeeding the end of the quarterly period in which the tax accrues. The taxpayer on or before such date shall make out a return, upon such forms and setting forth such information as the department of revenue may require, showing the amount of tax for which the taxpayer is liable for the preceding quarterly period and shall sign and transmit the same to the department of revenue, together with a remittance for the amount of tax. (2) The taxes imposed by this chapter are in addition to any taxes imposed upon the same persons under chapter 82.04 RCW. (3) Any harvester incurring less than fifty dollars tax liability under this section in any calendar quarter is excused from the payment of such tax, but may be required by the department of revenue to file a return even though no tax may be due. [1987 c 166 § 1; 1984 c 204 § 10.] 84.33.086 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.088 Reporting requirements on timber purchase. (Expires July 1, 2010.) (1) A purchaser of privately owned timber in an amount in excess of two hundred thousand board feet in a voluntary sale made in the ordinary course of business shall, on or before the last day of the month following the purchase of the timber, report the particulars of the purchase to the department as required in subsection (2) of this section. (2) The report required in subsection (1) of this section must contain all information relevant to the value of the timber purchased including, but not limited to, the following, as applicable: Purchaser’s name and address, sale date, termination date in sale agreement, total sale price, total acreage involved in the sale, net volume of timber purchased, legal description of the area involved in the sale, road construction or improvements required or completed, timber cruise data, and timber thinning data. A report may be submitted in any reasonable form or, at the purchaser’s option, by submitting 84.33.088 (2008 Ed.) Timber and Forest Lands relevant excerpts of the timber sales contract. A purchaser may comply by submitting the information in the following form: Purchaser’s name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purchaser’s address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total sale price: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total acreage involved: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Net volume of timber purchased:. . . . . . . . . . . . . . . . . . . . . . Legal description of sale area: . . . . . . . . . . . . . . . . . . . . . . . . Property improvements: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Timber cruise data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Timber thinning data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A purchaser of privately owned timber involved in a purchase described in subsection (1) of this section, who fails to report a purchase as required, may be liable for a penalty of two hundred fifty dollars for each failure to report, as determined by the department. (4) This section expires July 1, 2010. [2007 c 47 § 1; 2003 c 315 § 1; 2001 c 320 § 16.] Effective date—2007 c 47: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [2007 c 47 § 2.] Effective date—2001 c 320: See note following RCW 11.02.005. 84.33.089 Estimates of harvestable public forest land—Adjustments. (1) The department shall estimate the number of acres of public forest land that are available for timber harvesting. The department shall provide the estimates for each county and for each taxing district within each county by August 30th of each year except that the department may authorize a county, at the county’s option, to make its own estimates for public forest land in that county. In estimating the number of acres, the department shall use the best available information to include public land comparable to private land that qualifies as forest land for assessment purposes and exclude other public lands. The department is not required to update the estimates unless improved information becomes available. The department of natural resources shall assist the department with these determinations by providing any data and information in the possession of the department of natural resources on public forest lands, broken out by county and legal description, including a detailed map of each county showing the location of the described lands. The data and information shall be provided to the department by July 15th of each year. In addition, the department may contract with other parties to provide data or assistance necessary to implement this section. (2) To accommodate the phase-in of the county forest excise tax on the harvest of timber from public lands as provided in RCW 84.33.051, the department shall adjust its actual estimates of the number of acres of public forest land that are available for timber harvesting. The department shall reduce its estimates for the following years by the following amounts: (a) For calendar year 2005, 70 percent; (b) For calendar year 2006, 62.5 percent; (c) For calendar year 2007, 55 percent; 84.33.089 (2008 Ed.) 84.33.091 (d) For calendar year 2008, 47.5 percent; (e) For calendar year 2009, 40 percent; (f) For calendar year 2010, 32.5 percent; (g) For calendar year 2011, 22.5 percent; (h) For calendar year 2012, 15 percent; (i) For calendar year 2013, 7.5 percent; and (j) For calendar year 2014 and thereafter, the department shall not reduce its estimates of the number of acres of public forest land that are available for timber harvesting. [2004 c 177 § 6.] Effective date—2004 c 177: See note following RCW 84.33.035. 84.33.091 Tables of stumpage values—Revised tables—Legislative review—Appeal. (1) The department of revenue shall designate areas containing timber having similar growing, harvesting, and marketing conditions to be used as units for the preparation and application of stumpage values. Each year on or before December 31 for use the following January through June 30, and on or before June 30 for use the following July through December 31, the department shall prepare tables of stumpage values of each species or subclassification of timber within these units. The stumpage value shall be the amount that each such species or subclassification would sell for at a voluntary sale made in the ordinary course of business for purposes of immediate harvest. These stumpage values, expressed in terms of a dollar amount per thousand board feet or other unit measure, shall be determined in a manner which makes reasonable and adequate allowances for age, size, quality, costs of removal, accessibility to point of conversion, market conditions, and all other relevant factors from: (a) Gross proceeds from sales on the stump of similar timber of like quality and character at similar locations, and in similar quantities; (b) Gross proceeds from sales of logs adjusted to reflect only the portion of such proceeds attributable to value on the stump immediately prior to harvest; or (c) A combination of (a) and (b) of this subsection. (2) Upon application from any person who plans to harvest damaged timber, the stumpage values for which have been materially reduced from the values shown in the applicable tables due to damage resulting from fire, blow down, ice storm, flood, or other sudden unforeseen cause, the department shall revise the stumpage value tables for any area in which such timber is located and shall specify any additional accounting or other requirements to be complied with in reporting and paying the tax. (3) The preliminary area designations and stumpage value tables and any revisions thereof are subject to review by the ways and means committees of the house of representatives and senate prior to finalization. Tables of stumpage values shall be signed by the director or the director’s designee. A copy thereof shall be mailed to anyone who has submitted to the department a written request for a copy. (4) On or before the sixtieth day after the date of final adoption of any stumpage value tables, any harvester may appeal to the board of tax appeals for a revision of stumpage values for an area determined pursuant to subsection (3) of this section. [1998 c 311 § 13; 1984 c 204 § 11.] 84.33.091 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. [Title 84 RCW—page 33] 84.33.096 Title 84 RCW: Property Taxes 84.33.096 Application of excise taxes’ administrative provisions and definitions. All sections of chapter 82.32 RCW, except RCW 82.32.045 and 82.32.270, apply to the taxes imposed under this chapter. [1984 c 204 § 13.] 84.33.096 Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.130 Forest land valuation—Application by owner that land be designated and valued as forest land— Hearing—Rules—Approval, denial of application— Appeal. (1) Notwithstanding any other provision of law, lands that were assessed as classified forest land before July 22, 2001, shall be designated forest land for the purposes of this chapter. The owners of previously classified forest land shall not be required to apply for designation under this chapter. As of July 22, 2001, the land and timber on such land shall be assessed and taxed in accordance with the provisions of this chapter. (2) An owner of land desiring that it be designated as forest land and valued under RCW 84.33.140 as of January 1st of any year shall submit an application to the assessor of the county in which the land is located before January 1st of that year. The application shall be accompanied by a reasonable processing fee when the county legislative authority has established the requirement for such a fee. (3) No application of designation is required when publicly owned forest land is exchanged for privately owned forest land designated under this chapter. The land exchanged and received by an owner subject to ad valorem taxation shall be automatically granted designation under this chapter if the following conditions are met: (a) The land will be used to grow and harvest timber; and (b) The owner of the land submits a document to the assessor’s office that explains the details of the forest land exchange within sixty days of the closing date of the exchange. However, if the owner fails to submit information regarding the exchange by the end of this sixty-day period, the owner must file an application for designation as forest land under this chapter and the regular application process will be followed. (4) The application shall be made upon forms prepared by the department and supplied by the assessor, and shall include the following: (a) A legal description of, or assessor’s parcel numbers for, all land the applicant desires to be designated as forest land; (b) The date or dates of acquisition of the land; (c) A brief description of the timber on the land, or if the timber has been harvested, the owner’s plan for restocking; (d) A copy of the timber management plan, if one exists, for the land prepared by a trained forester or any other person with adequate knowledge of timber management practices; (e) If a timber management plan exists, an explanation of the nature and extent to which the management plan has been implemented; (f) Whether the land is used for grazing; (g) Whether the land has been subdivided or a plat has been filed with respect to the land; (h) Whether the land and the applicant are in compliance with the restocking, forest management, fire protection, 84.33.130 [Title 84 RCW—page 34] insect and disease control, and forest debris provisions of Title 76 RCW or any applicable rules under Title 76 RCW; (i) Whether the land is subject to forest fire protection assessments under RCW 76.04.610; (j) Whether the land is subject to a lease, option, or other right that permits it to be used for any purpose other than growing and harvesting timber; (k) A summary of the past experience and activity of the applicant in growing and harvesting timber; (l) A summary of current and continuing activity of the applicant in growing and harvesting timber; (m) A statement that the applicant is aware of the potential tax liability involved when the land ceases to be designated as forest land; (n) An affirmation that the statements contained in the application are true and that the land described in the application meets the definition of forest land in RCW 84.33.035; and (o) A description and/or drawing showing what areas of land for which designation is sought are used for incidental uses compatible with the definition of forest land in RCW 84.33.035. (5) The assessor shall afford the applicant an opportunity to be heard if the applicant so requests. (6) The assessor shall act upon the application with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative, except that the application may be denied for one of the following reasons, without regard to other items: (a) The land does not contain a "merchantable stand of timber" as defined in chapter 76.09 RCW and applicable rules. This reason shall not alone be sufficient to deny the application (i) if the land has been recently harvested or supports a growth of brush or noncommercial type timber, and the application includes a plan for restocking within three years or a longer period necessitated by unavailability of seed or seedlings, or (ii) if only isolated areas within the land do not meet the minimum standards due to rock outcroppings, swamps, unproductive soil or other natural conditions; (b) The applicant, with respect to the land, has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW or any applicable rules under Title 76 RCW; or (c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line paralleling the ordinary high tide line and two hundred feet horizontally landward from the high tide line. However, if the assessor determines that a higher and better use exists for the land but this use would not be permitted or economically feasible by virtue of any federal, state, or local law or regulation, the land shall be assessed and valued under RCW 84.33.140 without being designated as forest land. (7) The application shall be deemed to have been approved unless, prior to May 1st of the year after the application was mailed or delivered to the assessor, the assessor notifies the applicant in writing of the extent to which the application is denied. (8) An owner who receives notice that his or her application has been denied, in whole or in part, may appeal the (2008 Ed.) Timber and Forest Lands denial to the county board of equalization in accordance with the provisions of RCW 84.40.038. [2003 c 170 § 4. Prior: 2001 c 249 § 2; 2001 c 185 § 4; 1994 c 301 § 32; 1986 c 100 § 57; 1981 c 148 § 8; 1974 ex.s. c 187 § 6; 1971 ex.s. c 294 § 13.] Purpose—Intent—2003 c 170: "During the regular session of the 2001 legislature, RCW 84.33.120 was amended by section 3, chapter 185 and by section 1, chapter 305, and repealed by section 16, chapter 249, each without reference to the other. The purpose of sections 4 through 7 of this act is to resolve any uncertainty about the status of RCW 84.33.120 caused by the enactment of three changes involving RCW 84.33.120 during the 2001 regular legislative session. (1) Chapter 249, Laws of 2001 both repealed RCW 84.33.120 and incorporated pertinent and vital parts of RCW 84.33.120 into RCW 84.33.140. The technical amendments made to RCW 84.33.120 by section 3, chapter 185, Laws of 2001 were also made to RCW 84.33.140 by section 5, chapter 185, Laws of 2001. The amendments made to RCW 84.33.120 by section 1, chapter 305, Laws of 2001 were also made to RCW 84.33.140 by section 2, chapter 305, Laws of 2001. Therefore, RCW 84.33.140 as amended during the 2001 regular legislative session embodies the pertinent and vital parts of RCW 84.33.120 and the 2001 amendments to RCW 84.33.120. (2) The legislature intends to confirm the repeal of RCW 84.33.120, including the 2001 regular legislative session amendments to that section, as of the effective date of chapters 185, 249, and 305, Laws of 2001." [2003 c 170 § 1.] Purpose—2003 c 170 § 4: "During the regular session of the 2001 legislature, RCW 84.33.130 was amended by section 4, chapter 185 and by section 2, chapter 249, each without reference to the other. The purpose of section 4 of this act is to reenact and amend RCW 84.33.130 so that it reflects all amendments made by the legislature." [2003 c 170 § 2.] 84.33.140 84.33.140 Forest land valuation—Notation of forest land designation upon assessment and tax rolls—Notice of continuance—Removal of designation—Compensating tax. (1) When land has been designated as forest land under RCW 84.33.130, a notation of the designation shall be made each year upon the assessment and tax rolls. A copy of the notice of approval together with the legal description or assessor’s parcel numbers for the land shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded. (2) In preparing the assessment roll as of January 1, 2002, for taxes payable in 2003 and each January 1st thereafter, the assessor shall list each parcel of designated forest land at a value with respect to the grade and class provided in this subsection and adjusted as provided in subsection (3) of this section. The assessor shall compute the assessed value of the land using the same assessment ratio applied generally in computing the assessed value of other property in the county. Values for the several grades of bare forest land shall be as follows: LAND GRADE 1 Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. Purpose—1981 c 148: "(1) One of the purposes of this act is to establish the values for ad valorem tax purposes of bare forest land which is primarily devoted to and used for growing and harvesting timber without consideration of other potential uses of the land and to provide a procedure for adjusting the values in future years to reflect economic changes which may affect the value established in this act. (2) Chapter 294, Laws of 1971 ex. sess., as originally enacted, required the department of revenue annually to analyze forest land transactions to ascertain the market value of bare forest land purchased and used exclusively for growing and harvesting timber. Most transactions involving forest land include mature and immature timber with no segregation by the parties between the amounts paid for timber and bare land. The examination of these transactions by the department to ascertain the prices being paid for only the bare land has proven to be very difficult, time consuming, and subject to recurring legal challenge. Samples are small in relation to the total acreage of forest land involved and the administrative time and costs required for the annual analyses are excessive in relation to the changes from year to year which have been observed in the value of bare forest land. This act eliminates most of these administrative costs by establishing the current bare forest land values and by providing a procedure for periodic adjustment of the values which does not require continuing and costly analysis of the numerous forest land transactions throughout the state." [1981 c 148 § 11.] Severability—1981 c 148: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 148 § 15.] 2 3 4 5 6 Effective dates—1981 c 148: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 14, 1981], except for section 13 of this act which shall take effect September 1, 1981." [1981 c 148 § 16.] 7 Severability—1974 ex.s. c 187: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 187 § 20.] 8 (2008 Ed.) 84.33.140 OPERABILITY CLASS 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 VALUES PER ACRE $234 229 217 157 198 190 183 132 154 149 148 113 117 114 113 86 85 78 77 52 43 39 39 37 21 21 20 20 1 [Title 84 RCW—page 35] 84.33.140 Title 84 RCW: Property Taxes (3) On or before December 31, 2001, the department shall adjust by rule under chapter 34.05 RCW, the forest land values contained in subsection (2) of this section in accordance with this subsection, and shall certify the adjusted values to the assessor who will use these values in preparing the assessment roll as of January 1, 2002. For the adjustment to be made on or before December 31, 2001, for use in the 2002 assessment year, the department shall: (a) Divide the aggregate value of all timber harvested within the state between July 1, 1996, and June 30, 2001, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and (b) Divide the aggregate value of all timber harvested within the state between July 1, 1995, and June 30, 2000, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and (c) Adjust the forest land values contained in subsection (2) of this section by a percentage equal to one-half of the percentage change in the average values of harvested timber reflected by comparing the resultant values calculated under (a) and (b) of this subsection. (4) For the adjustments to be made on or before December 31, 2002, and each succeeding year thereafter, the same procedure described in subsection (3) of this section shall be followed using harvester excise tax returns filed under RCW 84.33.074. However, this adjustment shall be made to the prior year’s adjusted value, and the five-year periods for calculating average harvested timber values shall be successively one year more recent. (5) Land graded, assessed, and valued as forest land shall continue to be so graded, assessed, and valued until removal of designation by the assessor upon the occurrence of any of the following: (a) Receipt of notice from the owner to remove the designation; (b) Sale or transfer to an ownership making the land exempt from ad valorem taxation; (c) Sale or transfer of all or a portion of the land to a new owner, unless the new owner has signed a notice of forest land designation continuance, except transfer to an owner who is an heir or devisee of a deceased owner, shall not, by itself, result in removal of designation. The signed notice of continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. The notice of continuance shall be on a form prepared by the department. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all compensating taxes calculated under subsection (11) of this section shall become due and payable by the seller or transferor at time of sale. The auditor shall not accept an instrument of conveyance regarding designated forest land for filing or recording unless the new owner has signed the notice of continuance or the compensating tax has been paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (11) of this section to the county board of equalization in accordance with the provisions of RCW 84.40.038. Jurisdiction is [Title 84 RCW—page 36] hereby conferred on the county board of equalization to hear these appeals; (d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that: (i) The land is no longer primarily devoted to and used for growing and harvesting timber. However, land shall not be removed from designation if a governmental agency, organization, or other recipient identified in subsection (13) or (14) of this section as exempt from the payment of compensating tax has manifested its intent in writing or by other official action to acquire a property interest in the designated forest land by means of a transaction that qualifies for an exemption under subsection (13) or (14) of this section. The governmental agency, organization, or recipient shall annually provide the assessor of the county in which the land is located reasonable evidence in writing of the intent to acquire the designated land as long as the intent continues or within sixty days of a request by the assessor. The assessor may not request this evidence more than once in a calendar year; (ii) The owner has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW or any applicable rules under Title 76 RCW; or (iii) Restocking has not occurred to the extent or within the time specified in the application for designation of such land. (6) Land shall not be removed from designation if there is a governmental restriction that prohibits, in whole or in part, the owner from harvesting timber from the owner’s designated forest land. If only a portion of the parcel is impacted by governmental restrictions of this nature, the restrictions cannot be used as a basis to remove the remainder of the forest land from designation under this chapter. For the purposes of this section, "governmental restrictions" includes: (a) Any law, regulation, rule, ordinance, program, or other action adopted or taken by a federal, state, county, city, or other governmental entity; or (b) the land’s zoning or its presence within an urban growth area designated under RCW 36.70A.110. (7) The assessor shall have the option of requiring an owner of forest land to file a timber management plan with the assessor upon the occurrence of one of the following: (a) An application for designation as forest land is submitted; or (b) Designated forest land is sold or transferred and a notice of continuance, described in subsection (5)(c) of this section, is signed. (8) If land is removed from designation because of any of the circumstances listed in subsection (5)(a) through (c) of this section, the removal shall apply only to the land affected. If land is removed from designation because of subsection (5)(d) of this section, the removal shall apply only to the actual area of land that is no longer primarily devoted to the growing and harvesting of timber, without regard to any other land that may have been included in the application and approved for designation, as long as the remaining designated forest land meets the definition of forest land contained in RCW 84.33.035. (9) Within thirty days after the removal of designation as forest land, the assessor shall notify the owner in writing, set(2008 Ed.) Timber and Forest Lands ting forth the reasons for the removal. The seller, transferor, or owner may appeal the removal to the county board of equalization in accordance with the provisions of RCW 84.40.038. (10) Unless the removal is reversed on appeal a copy of the notice of removal with a notation of the action, if any, upon appeal, together with the legal description or assessor’s parcel numbers for the land removed from designation shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded and a notation of removal from designation shall immediately be made upon the assessment and tax rolls. The assessor shall revalue the land to be removed with reference to its true and fair value as of January 1st of the year of removal from designation. Both the assessed value before and after the removal of designation shall be listed. Taxes based on the value of the land as forest land shall be assessed and payable up until the date of removal and taxes based on the true and fair value of the land shall be assessed and payable from the date of removal from designation. (11) Except as provided in subsection (5)(c), (13), or (14) of this section, a compensating tax shall be imposed on land removed from designation as forest land. The compensating tax shall be due and payable to the treasurer thirty days after the owner is notified of the amount of this tax. As soon as possible after the land is removed from designation, the assessor shall compute the amount of compensating tax and mail a notice to the owner of the amount of compensating tax owed and the date on which payment of this tax is due. The amount of compensating tax shall be equal to the difference between the amount of tax last levied on the land as designated forest land and an amount equal to the new assessed value of the land multiplied by the dollar rate of the last levy extended against the land, multiplied by a number, in no event greater than nine, equal to the number of years for which the land was designated as forest land, plus compensating taxes on the land at forest land values up until the date of removal and the prorated taxes on the land at true and fair value from the date of removal to the end of the current tax year. (12) Compensating tax, together with applicable interest thereon, shall become a lien on the land which shall attach at the time the land is removed from designation as forest land and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any compensating tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes. (13) The compensating tax specified in subsection (11) of this section shall not be imposed if the removal of designation under subsection (5) of this section resulted solely from: (a) Transfer to a government entity in exchange for other forest land located within the state of Washington; (b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power (2008 Ed.) 84.33.140 of eminent domain in anticipation of the exercise of such power; (c) A donation of fee title, development rights, or the right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections, or the sale or transfer of fee title to a governmental entity or a nonprofit nature conservancy corporation, as defined in RCW 64.04.130, exclusively for the protection and conservation of lands recommended for state natural area preserve purposes by the natural heritage council and natural heritage plan as defined in chapter 79.70 RCW or approved for state natural resources conservation area purposes as defined in chapter 79.71 RCW. At such time as the land is not used for the purposes enumerated, the compensating tax specified in subsection (11) of this section shall be imposed upon the current owner; (d) The sale or transfer of fee title to the parks and recreation commission for park and recreation purposes; (e) Official action by an agency of the state of Washington or by the county or city within which the land is located that disallows the present use of the land; (f) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120; (g) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040; or (h) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under chapter 84.34 RCW continuously since 1993. The date of death shown on a death certificate is the date used for the purposes of this subsection (13)(h). (14) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection (11) of this section shall not be imposed if the removal of designation as forest land under subsection (5) of this section resulted solely from: (a) An action described in subsection (13) of this section; or (b) A transfer of a property interest to a government entity, or to a nonprofit historic preservation corporation or nonprofit nature conservancy corporation, as defined in RCW 64.04.130, to protect or enhance public resources, or to preserve, maintain, improve, restore, limit the future use of, or otherwise to conserve for public use or enjoyment, the property interest being transferred. At such time as the property interest is not used for the purposes enumerated, the compensating tax shall be imposed upon the current owner. [2007 c 54 § 24; 2005 c 303 § 13; 2003 c 170 § 5. Prior: 2001 c 305 § 2; 2001 c 249 § 3; 2001 c 185 § 5; 1999 sp.s. c 4 § 703; 1999 c 233 § 21; 1997 c 299 § 2; 1995 c 330 § 2; 1992 c 69 § 2; 1986 c 238 § 2; 1981 c 148 § 9; 1980 c 134 § 3; 1974 ex.s. c 187 § 7; 1973 1st ex.s. c 195 § 93; 1972 ex.s. c 148 § 6; 1971 ex.s. c 294 § 14.] Severability—2007 c 54: See note following RCW 82.04.050. Effective date—2005 c 303 §§ 1-14: See note following RCW 79A.15.010. Purpose—Intent—2003 c 170: See note following RCW 84.33.130. Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. [Title 84 RCW—page 37] 84.33.145 Title 84 RCW: Property Taxes Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective date—1999 c 233: See note following RCW 4.28.320. Effective date—1997 c 299: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 1997]." [1997 c 299 § 4.] Effective date—1995 c 330: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [1995 c 330 § 3.] Effective date—1992 c 69: See RCW 84.34.923. Purpose—Severability—Effective dates—1981 c 148: See notes following RCW 84.33.130. Severability—1974 ex.s. c 187: See note following RCW 84.33.130. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 84.33.170 Application of chapter to Christmas trees. Notwithstanding any provision of this chapter to the contrary, this chapter shall not exempt from the ad valorem tax nor subject to the excise tax imposed by this chapter, Christmas trees and short-rotation hardwoods, which are cultivated by agricultural methods, and the land on which the Christmas trees and short-rotation hardwoods stand shall not be taxed as provided in RCW 84.33.140. However, short-rotation hardwoods, which are cultivated by agricultural methods, on land classified as timber land under chapter 84.34 RCW, shall be subject to the excise tax imposed under this chapter. [2001 c 249 § 5; 1995 c 165 § 2; 1984 c 204 § 24; 1983 c 3 § 226; 1971 ex.s. c 294 § 17.] 84.33.170 Application—1995 c 165: See note following RCW 84.33.035. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.33.175 Application of tax—Sale of land to governmental agency with reservation of rights to timber—Conveyance by governmental agency of trees. The excise tax imposed under this chapter applies to forest trees harvested after April 4, 1986, from lands sold to any governmental agency by warranty deed or contract where the seller reserved to itself the right to take all merchantable timber for a specific period of years, or in perpetuity, and to forest trees harvested after April 4, 1986, that any governmental agency, by quit claim deed, as partial consideration for payment of the purchase price, conveyed for a specific period of years, or in perpetuity, all forest trees, standing, growing, or lying on the described land, to the taxpayer, regardless of the date on which the contract was entered. [1986 c 315 § 8.] 84.33.175 84.33.145 Compensating tax. (1) If no later than thirty days after removal of designation the owner applies for classification under RCW 84.34.020 (1), (2), or (3), then the designated forest land shall not be considered removed from designation for purposes of the compensating tax under RCW 84.33.140 until the application for current use classification under chapter 84.34 RCW is denied or the property is removed from classification under RCW 84.34.108. Upon removal of classification under RCW 84.34.108, the amount of compensating tax due under this chapter shall be equal to: (a) The difference, if any, between the amount of tax last levied on the land as designated forest land and an amount equal to the new assessed valuation of the land when removed from classification under RCW 84.34.108 multiplied by the dollar rate of the last levy extended against the land, multiplied by (b) A number equal to: (i) The number of years the land was designated under this chapter, if the total number of years the land was designated under this chapter and classified under chapter 84.34 RCW is less than ten; or (ii) Ten minus the number of years the land was classified under chapter 84.34 RCW, if the total number of years the land was designated under this chapter and classified under chapter 84.34 RCW is at least ten. (2) Nothing in this section authorizes the continued designation under this chapter or defers or reduces the compensating tax imposed upon forest land not transferred to classification under subsection (1) of this section which does not meet the definition of forest land under RCW 84.33.035. Nothing in this section affects the additional tax imposed under RCW 84.34.108. (3) In a county with a population of more than one million inhabitants, no amount of compensating tax is due under this section if the removal from classification under RCW 84.34.108 results from a transfer of property described in RCW 84.34.108(6). [2001 c 249 § 4; 1999 sp.s. c 4 § 704; 1997 c 299 § 3; 1992 c 69 § 3; 1986 c 315 § 3.] 84.33.145 Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective date—1997 c 299: See note following RCW 84.33.140. Effective date—1992 c 69: See RCW 84.34.923. [Title 84 RCW—page 38] 84.33.200 Legislative review of timber tax system— Information and data to be furnished. (1) The legislature shall review the system of distribution and allocation of all timber excise tax revenues in January 1975 and each year thereafter to provide a uniform and equitable distribution and allocation of such revenues to the state and local taxing districts. (2) In order to allow legislative review of the rules to be adopted by the department of revenue establishing the stumpage values provided for in RCW 84.33.091, such rules shall be effective not less than thirty days after transmitting to the staffs of the senate and house ways and means committees (or their successor committees) the same proposed rules as have been previously filed with the office of the code reviser pursuant to RCW 34.05.320. (3) The department of revenue and the department of natural resources shall make available to the revenue committees of the senate and house of representatives of the state legislature information and data, as it may be available, pertaining to the status of forest land grading throughout the state, the collection of timber excise tax revenues, the distribution and allocation of timber excise tax revenues to the state and local taxing districts, and any other information as may be necessary for the proper legislative review and implementation of the timber excise tax system, and in addition, the departments shall provide an annual report of such matters in January of each year to such committees. [2001 c 320 § 17; 1998 c 245 § 170; 1989 c 175 § 179; 1984 c 204 § 25; 1979 c 6 § 4; 1974 ex.s. c 187 § 9.] 84.33.200 (2008 Ed.) Timber and Forest Lands Effective date—2001 c 320: See note following RCW 11.02.005. Effective date—1989 c 175: See note following RCW 34.05.010. Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. Severability—1974 ex.s. c 187: See note following RCW 84.33.130. 84.33.210 Forest land valuation—Special benefit assessments. (1) Any land that is designated as forest land under this chapter at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (a) to create a local improvement district, in which the land is included or would have been included but for the designation, or (b) to approve or confirm a final special benefit assessment roll relating to a sanitary or storm sewerage system, domestic water supply or distribution system, or road construction or improvement, which roll would have included the land but for the designation, shall be exempt from special benefit assessments, charges in lieu of assessment, or rates and charges for storm water control facilities under RCW 36.89.080 for such purposes as long as that land remains designated as forest land, except as otherwise provided in RCW 84.33.250. (2) Whenever a local government creates a local improvement district, the levying, collection, and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided under the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes designated forest land shall be filed with the assessor and the legislative authority of the county in which the land is located. The assessor, upon receiving notice of the creation of a local improvement district, shall send a notice to the owners of the designated forest lands listed on the tax rolls of the applicable treasurer of: (a) The creation of the local improvement district; (b) The exemption of that land from special benefit assessments; (c) The fact that the designated forest land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and (d) The potential liability, pursuant to RCW 84.33.220, if the exemption is not waived and the land is subsequently removed from designated forest land status. (3) When a local government approves and confirms a special benefit assessment roll, from which designated forest land has been exempted under this section, it shall file a notice of this action with the assessor and the legislative authority of the county in which the land is located and with the treasurer of that local government. The notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment that would have been levied against the land if it had not been exempted. The filing of the notice with the assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently 84.33.210 (2008 Ed.) 84.33.220 recorded, that the exempt land is subject to the charges provided in RCW 84.33.220 and 84.33.230, if the land is removed from its designation as forest land. (4) The owner of the land exempted from special benefit assessments under this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the assessor, but the failure to file this copy shall not affect the waiver. (5) Except to the extent provided in RCW 84.33.250, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to the exempted land. [2003 c 394 § 7; 2001 c 249 § 6; 1992 c 52 § 7.] 84.33.220 Forest land valuation—Withdrawal from designation or change in use—Liability. Whenever forest land has been exempted from special benefit assessments under RCW 84.33.210, any removal from designation or change in use from forest land under this chapter shall result in the following: (1) If the bonds used to fund the improvement in the local improvement district have not been completely retired, the land shall immediately become liable for: (a) The amount of the special benefit assessment listed in the notice provided for in RCW 84.33.210; plus (b) Interest on the amount determined in (a) of this subsection, compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity that created the local improvement district as provided in RCW 84.33.210, to the time the owner or the assessor removes the land from the exemption category provided by this chapter; or (2) If the bonds used to fund the improvement in the local improvement district have been completely retired, the land shall immediately become liable for: (a) The amount of the special benefit assessment listed in the notice provided for in RCW 84.33.210; plus (b) Interest on the amount determined in (a) of this subsection compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity that created the local improvement district as provided in RCW 84.33.210, to the time the bonds used to fund the improvement have been retired; plus (c) Interest on the total amount determined in (a) and (b) of this subsection at a simple per annum rate equal to the average rate of inflation from the time the bonds used to fund the improvement have been retired to the time the owner or the assessor removes the land from the exemption category provided by this chapter; (3) The amount payable under this section shall become due on the date the land is removed from its forest land designation. This amount shall be a lien on the land prior and superior to any other lien whatsoever except for the lien for general taxes, and shall be enforceable in the same manner as the collection of special benefit assessments are enforced by that local government. [2001 c 249 § 7; 1992 c 52 § 8.] 84.33.220 [Title 84 RCW—page 39] 84.33.230 Title 84 RCW: Property Taxes 84.33.230 Forest land valuation—Change in designation—Notice. Whenever forest land is removed from its forest land designation, the assessor of the county in which the land is located shall forthwith give written notice of the removal to the local government or its successor that filed with the assessor the notice required by RCW 84.33.210. Upon receipt of the notice from the assessor, the local government shall mail a written statement to the owner of the land for the amounts payable as provided in RCW 84.33.220. The amounts due shall be delinquent if not paid within one hundred eighty days after the date of mailing of the statement. The amount payable shall be subject to the same interest, penalties, lien priority, and enforcement procedures that are applicable to delinquent assessments on the assessment roll from which that land had been exempted, except that the rate of interest charged shall not exceed the rate provided in RCW 84.33.220. [2001 c 249 § 8; 1992 c 52 § 9.] 84.33.270 Forest land valuation—Government future development right—Conserving forest land— Exemptions. (1) Forest land on which the right of future development has been acquired by any local government, the state of Washington, or the United States government shall be exempt from special benefit assessments in lieu of assessment for the purposes in the same manner, and under the same liabilities for payment and interest, as land designated under this chapter as forest land, for as long as the designation applies. (2) Any interest, development right, easement, covenant, or other contractual right that effectively protects, preserves, maintains, improves, restores, prevents the future nonforest use of, or otherwise conserves forest land shall be exempt from special benefit assessments as long as the development right or other interest effectively serves to prevent nonforest development of the land. [2001 c 249 § 11; 1992 c 52 § 13.] 84.33.240 Forest land valuation—Change in classification or use—Application of payments. Payments collected pursuant to RCW 84.33.220 and 84.33.230, or by enforcement procedures referred to therein, after the payment of the expenses of their collection, shall first be applied to the payment of general or special debt incurred to finance the improvements related to the special benefit assessments, and, if such debt is retired, then into the maintenance fund or general fund of the governmental entity that created the local improvement district, or its successor, for any of the following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2) maintenance expenses of the district; or (3) construction or acquisition of any facilities necessary to carry out the purpose of the district. [1992 c 52 § 10.] 84.33.280 Applicant for forest riparian easement program—Department to rely on certain documents. The department shall, when contacted by the department of natural resources under RCW 76.13.160, rely on submitted taxrelated documents to confirm or deny that an applicant for the forest riparian easement program established in RCW 76.13.120 satisfies the definition of a small forest landowner, as that term is defined in RCW 76.13.120. Nothing in this section, or RCW 76.13.160, prohibits the department from providing the department of natural resources with aggregate or general information. [2004 c 102 § 3.] 84.33.230 84.33.270 84.33.280 84.33.240 84.33.250 Forest land valuation—Special benefit assessments. The department shall adopt rules it shall deem necessary to implement RCW 84.33.210 through 84.33.270, which shall include, but not be limited to, procedures to determine the extent to which a portion of the land otherwise exempt may be subject to a special benefit assessment for: (1) The actual connection to the domestic water system or sewerage facilities; (2) access to the road improvement in relation to its value as forest land as distinguished from its value under more intensive uses; and (3) the lands that benefit from or cause the need for a local improvement district. The provision for limited special benefit assessments shall not relieve the land from liability for the amounts provided in RCW 84.33.220 and 84.33.230 when the land is removed from its forest land designation. [2001 c 249 § 9; 1992 c 52 § 11.] 84.33.250 84.33.260 Forest land valuation—Withdrawal from designation or change in use—Benefit assessments. Whenever a portion of a parcel of land that was designated as forest land under this chapter is removed from designation or there is a change in use, and the land has been exempted from any benefit assessments under RCW 84.33.210, the previously exempt benefit assessments shall become due on only that portion of the land that is removed or changed in use. [2001 c 249 § 10; 1992 c 52 § 12.] 84.33.260 [Title 84 RCW—page 40] Chapter 84.34 RCW OPEN SPACE, AGRICULTURAL, TIMBER LANDS— CURRENT USE—CONSERVATION FUTURES Chapter 84.34 Sections 84.34.010 84.34.020 84.34.030 84.34.035 84.34.037 84.34.041 84.34.050 84.34.055 84.34.060 84.34.065 84.34.070 84.34.080 84.34.090 84.34.100 84.34.108 84.34.111 84.34.121 84.34.131 84.34.141 84.34.145 84.34.150 84.34.155 84.34.160 Legislative declaration. Definitions. Applications for current use classification—Forms—Fee— Times for making. Applications for current use classification—Approval or denial—Appeal—Duties of assessor upon approval. Applications for current use classification—To whom made— Factors—Review. Application for current use classification—Forms—Public hearing—Approval or denial. Notice of approval or disapproval—Procedure when approval granted. Open space priorities—Open space plan and public benefit rating system. Determination of true and fair value of classified land—Computation of assessed value. Determination of true and fair value of farm and agricultural land—Definitions. Withdrawal from classification. Change in use. Extension of additional tax and penalties on tax roll—Lien. Payment of additional tax, penalties, and/or interest. Removal of classification—Factors—Notice of continuance— Additional tax—Lien—Delinquencies—Exemptions. Remedies available to owner liable for additional tax. Information required. Valuation of timber not affected. Rules and regulations. Advisory committee. Reclassification of land classified under prior law which meets definition of farm and agricultural land. Reclassification of land classified as timber land which meets definition of forest land under chapter 84.33 RCW. Information on current use classification—Publication and dissemination. (2008 Ed.) Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures 84.34.200 84.34.210 84.34.220 84.34.230 84.34.240 84.34.250 84.34.300 84.34.310 84.34.320 84.34.330 84.34.340 84.34.350 84.34.360 84.34.370 84.34.380 84.34.390 84.34.900 84.34.910 84.34.920 84.34.921 84.34.922 84.34.923 Acquisition of open space, etc., land or rights to future development by counties, cities, or metropolitan municipal corporations—Legislative declaration—Purposes. Acquisition of open space, land, or rights to future development by certain entities—Authority to acquire—Conveyance or lease back. Acquisition of open space, land, or rights to future development by certain entities—Developmental rights—"Conservation futures"—Acquisition—Restrictions. Acquisition of open space, etc., land or rights to future development by certain entities—Additional property tax levy authorized. Acquisition of open space, etc., land or rights to future development by certain entities—Conservation futures fund— Additional requirements, authority. Nonprofit nature conservancy corporation or association defined. Special benefit assessments for farm and agricultural land or timber land—Legislative findings—Purpose. Special benefit assessments for farm and agricultural land or timber land—Definitions. Special benefit assessments for farm and agricultural land or timber land—Exemption from assessment—Procedures relating to exemption—Constructive notice of potential liability—Waiver of exemption. Special benefit assessments for farm and agricultural land or timber land—Withdrawal from classification or change in use—Liability—Amount—Due date—Lien. Special benefit assessments for farm and agricultural land or timber land—Withdrawal or removal from classification— Notice to local government—Statement to owner of amounts payable—Delinquency date—Enforcement procedures. Special benefit assessments for farm and agricultural land— Use of payments collected. Special benefit assessments for farm and agricultural land or timber land—Rules to implement RCW 84.34.300 through 84.34.380. Special benefit assessments for farm and agricultural land or timber land—Assessments due on land withdrawn or changed. Special benefit assessments for farm and agricultural land or timber land—Application of exemption to rights and interests preventing nonagricultural or nonforest uses. Application—Chapter 79.44 RCW—Assessments against public lands. Severability—1970 ex.s. c 87. Effective date—1970 ex.s. c 87. Severability—1971 ex.s. c 243. Severability—1973 1st ex.s. c 212. Severability—1979 c 84. Effective date—1992 c 69. Conservation futures on agricultural land—Property tax exemption: RCW 84.36.260, 84.36.500. 84.34.010 Legislative declaration. The legislature hereby declares that it is in the best interest of the state to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens. The legislature further declares that assessment practices must be so designed as to permit the continued availability of open space lands for these purposes, and it is the intent of this chapter so to provide. The legislature further declares its intent that farm and agricultural lands shall be valued on the basis of their value for use as authorized by section 11 of Article VII of the Constitution of the state of Washington. [1973 1st ex.s. c 212 § 1; 1970 ex.s. c 87 § 1.] 84.34.010 84.34.020 Definitions. As used in this chapter, unless a different meaning is required by the context: (1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or (b) any land 84.34.020 (2008 Ed.) 84.34.020 area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b)(iii) of this subsection for the purpose of promoting conservation of wetlands. (2) "Farm and agricultural land" means: (a) Any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres: (i) Devoted primarily to the production of livestock or agricultural commodities for commercial purposes; (ii) Enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture; or (iii) Other similar commercial activities as may be established by rule; (b)(i) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to, as of January 1, 1993: (A) One hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and (B) On or after January 1, 1993, two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; (ii) For the purposes of (b)(i) of this subsection, "gross income from agricultural uses" includes, but is not limited to, the wholesale value of agricultural products donated to nonprofit food banks or feeding programs; (c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income as of January 1, 1993, of: (i) One thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and [Title 84 RCW—page 41] 84.34.030 Title 84 RCW: Property Taxes (ii) On or after January 1, 1993, fifteen hundred dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Parcels of land described in (b)(i)(A) and (c)(i) of this subsection shall, upon any transfer of the property excluding a transfer to a surviving spouse, be subject to the limits of (b)(i)(B) and (c)(ii) of this subsection; (d) Any lands including incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands"; or (e) The land on which housing for employees and the principal place of residence of the farm operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is integral to the use of the classified land for agricultural purposes. (3) "Timber land" means any parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest of timber for commercial purposes. Timber land means the land only and does not include a residential homesite. The term includes land used for incidental uses that are compatible with the growing and harvesting of timber but no more than ten percent of the land may be used for such incidental uses. It also includes the land on which appurtenances necessary for the production, preparation, or sale of the timber products exist in conjunction with land producing these products. (4) "Current" or "currently" means as of the date on which property is to be listed and valued by the assessor. (5) "Owner" means the party or parties having the fee interest in land, except that where land is subject to real estate contract "owner" shall mean the contract vendee. (6) "Contiguous" means land adjoining and touching other property held by the same ownership. Land divided by a public road, but otherwise an integral part of a farming operation, shall be considered contiguous. (7) "Granting authority" means the appropriate agency or official who acts on an application for classification of land pursuant to this chapter. (8) "Farm and agricultural conservation land" means either: (a) Land that was previously classified under subsection (2) of this section, that no longer meets the criteria of subsection (2) of this section, and that is reclassified under subsection (1) of this section; or (b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture. [2005 c 57 § 1; 2004 c 217 § 1; 2002 c 315 § 1; 2001 c 249 § 12; 1998 c 320 § 7; 1997 c 429 § 31; 1992 c 69 § 4; [Title 84 RCW—page 42] 1988 c 253 § 3; 1983 c 3 § 227; 1973 1st ex.s. c 212 § 2; 1970 ex.s. c 87 § 2.] Purpose—2004 c 217 § 1: "The purpose of the amendatory language in section 1 of this act is to clarify the timber land definition as it relates to tax issues. The language does not affect land use policy or law." [2004 c 217 § 2.] Severability—1997 c 429: See note following RCW 36.70A.3201. 84.34.030 84.34.030 Applications for current use classification—Forms—Fee—Times for making. An owner of agricultural land desiring current use classification under subsection (2) of RCW 84.34.020 shall make application to the county assessor upon forms prepared by the state department of revenue and supplied by the county assessor. An owner of open space or timber land desiring current use classification under subsections (1) and (3) of RCW 84.34.020 shall make application to the county legislative authority upon forms prepared by the state department of revenue and supplied by the county assessor. The application shall be accompanied by a reasonable processing fee if such processing fee is established by the city or county legislative authority. Said application shall require only such information reasonably necessary to properly classify an area of land under this chapter with a notarized verification of the truth thereof and shall include a statement that the applicant is aware of the potential tax liability involved when such land ceases to be designated as open space, farm and agricultural or timber land. Applications must be made during the calendar year preceding that in which such classification is to begin. The assessor shall make necessary information, including copies of this chapter and applicable regulations, readily available to interested parties, and shall render reasonable assistance to such parties upon request. [1989 c 378 § 10; 1973 1st ex.s. c 212 § 3; 1970 ex.s. c 87 § 3.] 84.34.035 84.34.035 Applications for current use classification—Approval or denial—Appeal—Duties of assessor upon approval. The assessor shall act upon the application for current use classification of farm and agricultural lands under RCW 84.34.020(2), with due regard to all relevant evidence. The application shall be deemed to have been approved unless, prior to the first day of May of the year after such application was mailed or delivered to the assessor, the assessor shall notify the applicant in writing of the extent to which the application is denied. An owner who receives notice that his or her application has been denied may appeal such denial to the board of equalization in the county where the property is located. The appeal shall be filed in accordance with RCW 84.40.038. Within ten days following approval of the application, the assessor shall submit notification of such approval to the county auditor for recording in the place and manner provided for the public recording of state tax liens on real property. The assessor shall retain a copy of all applications. The assessor shall, as to any such land, make a notation each year on the assessment list and the tax roll of the assessed value of such land for the use for which it is classified in addition to the assessed value of such land were it not so classified. [2001 c 185 § 6; 1992 c 69 § 5; 1973 1st ex.s. c 212 § 4.] (2008 Ed.) Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. 84.34.037 84.34.037 Applications for current use classification—To whom made—Factors—Review. (1) Applications for classification or reclassification under RCW 84.34.020(1) shall be made to the county legislative authority. An application made for classification or reclassification of land under RCW 84.34.020(1) (b) and (c) which is in an area subject to a comprehensive plan shall be acted upon in the same manner in which an amendment to the comprehensive plan is processed. Application made for classification of land which is in an area not subject to a comprehensive plan shall be acted upon after a public hearing and after notice of the hearing shall have been given by one publication in a newspaper of general circulation in the area at least ten days before the hearing: PROVIDED, That applications for classification of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located. (2) In determining whether an application made for classification or reclassification under RCW 84.34.020(1) (b) and (c) should be approved or disapproved, the granting authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and shall consider: (a) The resulting revenue loss or tax shift; (b) Whether granting the application for land applying under RCW 84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or scenic resources, (ii) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (iii) protect soil resources and unique or critical wildlife and native plant habitat, (iv) promote conservation principles by example or by offering educational opportunities, (v) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, (vi) enhance recreation opportunities, (vii) preserve historic and archaeological sites, (viii) preserve visual quality along highway, road, and street corridors or scenic vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property; and (c) Whether granting the application for land applying under RCW 84.34.020(1)(c) will (i) either preserve land previously classified under RCW 84.34.020(2) or preserve land that is traditional farmland and not classified under chapter 84.33 or 84.34 RCW, (ii) preserve land with a potential for returning to commercial agriculture, and (iii) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of property. (3) If a public benefit rating system is adopted under RCW 84.34.055, the county legislative authority shall rate property for which application for classification has been made under RCW 84.34.020(1) (b) and (c) according to the public benefit rating system in determining whether an application should be approved or disapproved, but when such a system is adopted, open space properties then classified under this chapter which do not qualify under the system shall not be removed from classification but may be rated according to the public benefit rating system. (2008 Ed.) 84.34.041 (4) The granting authority may approve the application with respect to only part of the land which is the subject of the application. If any part of the application is denied, the applicant may withdraw the entire application. The granting authority in approving in part or whole an application for land classified or reclassified pursuant to RCW 84.34.020(1) may also require that certain conditions be met, including but not limited to the granting of easements. As a condition of granting open space classification, the legislative body may not require public access on land classified under RCW 84.34.020(1)(b)(iii) for the purpose of promoting conservation of wetlands. (5) The granting or denial of the application for current use classification or reclassification is a legislative determination and shall be reviewable only for arbitrary and capricious actions. [1992 c 69 § 6; 1985 c 393 § 1; 1984 c 111 § 1; 1973 1st ex.s. c 212 § 5.] 84.34.041 Application for current use classification—Forms—Public hearing—Approval or denial. An application for current use classification or reclassification under RCW 84.34.020(3) shall be made to the county legislative authority. (1) The application shall be made upon forms prepared by the department of revenue and supplied by the granting authority and shall include the following elements that constitute a timber management plan: (a) A legal description of, or assessor’s parcel numbers for, all land the applicant desires to be classified as timber land; (b) The date or dates of acquisition of the land; (c) A brief description of the timber on the land, or if the timber has been harvested, the owner’s plan for restocking; (d) Whether there is a forest management plan for the land; (e) If so, the nature and extent of implementation of the plan; (f) Whether the land is used for grazing; (g) Whether the land has been subdivided or a plat filed with respect to the land; (h) Whether the land and the applicant are in compliance with the restocking, forest management, fire protection, insect and disease control, weed control, and forest debris provisions of Title 76 RCW or applicable rules under Title 76 RCW; (i) Whether the land is subject to forest fire protection assessments pursuant to RCW 76.04.610; (j) Whether the land is subject to a lease, option, or other right that permits it to be used for a purpose other than growing and harvesting timber; (k) A summary of the past experience and activity of the applicant in growing and harvesting timber; (l) A summary of current and continuing activity of the applicant in growing and harvesting timber; (m) A statement that the applicant is aware of the potential tax liability involved when the land ceases to be classified as timber land. (2) An application made for classification of land under RCW 84.34.020(3) shall be acted upon after a public hearing and after notice of the hearing is given by one publication in a newspaper of general circulation in the area at least ten days 84.34.041 [Title 84 RCW—page 43] 84.34.050 Title 84 RCW: Property Taxes before the hearing. Application for classification of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located. (3) The granting authority shall act upon the application with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative, except that the application may be denied for one of the following reasons, without regard to other items: (a) The land does not contain a stand of timber as defined in chapter 76.09 RCW and applicable rules, except this reason shall not alone be sufficient to deny the application (i) if the land has been recently harvested or supports a growth of brush or noncommercial type timber, and the application includes a plan for restocking within three years or the longer period necessitated by unavailability of seed or seedlings, or (ii) if only isolated areas within the land do not meet minimum standards due to rock outcroppings, swamps, unproductive soil, or other natural conditions; (b) The applicant, with respect to the land, has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control, weed control, and forest debris provisions of Title 76 RCW or applicable rules under Title 76 RCW; (c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line paralleling the ordinary high tide line and two hundred feet horizontally landward from the high tide line. (4) The timber management plan must be filed with the county legislative authority either: (a) When an application for classification under this chapter is submitted; (b) when a sale or transfer of timber land occurs and a notice of continuance is signed; or (c) within sixty days of the date the application for reclassification under this chapter or from designated forest land is received. The application for reclassification shall be accepted, but shall not be processed until the timber management plan is received. If the timber management plan is not received within sixty days of the date the application for reclassification is received, the application for reclassification shall be denied. If circumstances require it, the county assessor may allow in writing an extension of time for submitting a timber management plan when an application for classification or reclassification or notice of continuance is filed. When the assessor approves an extension of time for filing the timber management plan, the county legislative authority may delay processing an application until the timber management plan is received. If the timber management plan is not received by the date set by the assessor, the application or the notice of continuance shall be denied. The granting authority may approve the application with respect to only part of the land that is described in the application, and if any part of the application is denied, the applicant may withdraw the entire application. The granting authority, in approving in part or whole an application for land classified pursuant to RCW 84.34.020(3), may also require that certain conditions be met. Granting or denial of an application for current use classification is a legislative determination and shall be review[Title 84 RCW—page 44] able only for arbitrary and capricious actions. The granting authority may not require the granting of easements for land classified pursuant to RCW 84.34.020(3). The granting authority shall approve or disapprove an application made under this section within six months following the date the application is received. [2002 c 315 § 2; 1992 c 69 § 20.] 84.34.050 Notice of approval or disapproval—Procedure when approval granted. (1) The granting authority shall immediately notify the assessor and the applicant of its approval or disapproval which shall in no event be more than six months from the receipt of said application. No land other than farm and agricultural land shall be classified under this chapter until an application in regard thereto has been approved by the appropriate legislative authority. (2) When the granting authority classifies land under this chapter, it shall file notice of the same with the assessor within ten days. The assessor shall, as to any such land, make a notation each year on the assessment list and the tax roll of the assessed value of such land for the use for which it is classified in addition to the assessed value of such land were it not so classified. (3) Within ten days following receipt of the notice from the granting authority of classification of such land under this chapter, the assessor shall submit such notice to the county auditor for recording in the place and manner provided for the public recording of state tax liens on real property. [1992 c 69 § 7; 1973 1st ex.s. c 212 § 6; 1970 ex.s. c 87 § 5.] 84.34.050 84.34.055 Open space priorities—Open space plan and public benefit rating system. (1)(a) The county legislative authority may direct the county planning commission to set open space priorities and adopt, after a public hearing, an open space plan and public benefit rating system for the county. The plan shall consist of criteria for determining eligibility of lands, the process for establishing a public benefit rating system, and an assessed valuation schedule. The assessed valuation schedule shall be developed by the county assessor and shall be a percentage of market value based upon the public benefit rating system. The open space plan, the public benefit rating system, and the assessed valuations schedule shall not be effective until approved by the county legislative authority after at least one public hearing: PROVIDED, That any county which has complied with the procedural requisites of chapter 393, Laws of 1985, prior to July 28, 1985, need not repeat those procedures in order to adopt an open space plan pursuant to chapter 393, Laws of 1985. (b) County legislative authorities, in open space plans, public benefit rating systems, and assessed valuation schedules, shall give priority consideration to lands used for buffers that are planted with or primarily contain native vegetation. (c) "Priority consideration" as used in this section may include, but is not limited to, establishing classification eligibility and maintenance criteria for buffers meeting the requirements of (b) of this subsection. (d) County legislative authorities shall meet the requirements of (b) of this subsection no later than July 1, 2006, unless buffers already receive priority consideration in the 84.34.055 (2008 Ed.) Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures existing open space plans, public benefit rating systems, and assessed valuation schedules. (2) In adopting an open space plan, recognized sources shall be used unless the county does its own survey of important open space priorities or features, or both. Recognized sources include but are not limited to the natural heritage database; the state office of historic preservation; the recreation and conservation office inventory of dry accretion beach and shoreline features; state, national, county, or city registers of historic places; the shoreline master program; or studies by the parks and recreation commission and by the departments of fish and wildlife and natural resources. Features and sites may be verified by an outside expert in the field and approved by the appropriate state or local agency to be sent to the county legislative authority for final approval as open space. (3) When the county open space plan is adopted, owners of open space lands then classified under this chapter shall be notified in the same manner as is provided in RCW 84.40.045 of their new assessed value. These lands may be removed from classification, upon request of owner, without penalty within thirty days of notification of value. (4) The open space plan and public benefit rating system under this section may be adopted for taxes payable in 1986 and thereafter. [2007 c 241 § 73; 2005 c 310 § 1; 1994 c 264 § 76; 1988 c 36 § 62; 1985 c 393 § 3.] Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005. 84.34.060 Determination of true and fair value of classified land—Computation of assessed value. In determining the true and fair value of open space land and timber land, which has been classified as such under the provisions of this chapter, the assessor shall consider only the use to which such property and improvements is currently applied and shall not consider potential uses of such property. The assessed valuation of open space land shall not be less than the minimum value per acre of classified farm and agricultural land except that the assessed valuation of open space land may be valued based on the public benefit rating system adopted under RCW 84.34.055: PROVIDED FURTHER, That timber land shall be valued according to chapter 84.33 RCW. In valuing any tract or parcel of real property designated and zoned under a comprehensive plan adopted under chapter 36.70A RCW as agricultural, forest, or open space land, the appraisal shall not be based on similar sales of parcels that have been converted to nonagricultural, nonforest, or nonopen-space uses within five years after the sale. [1997 c 429 § 32; 1992 c 69 § 8; 1985 c 393 § 2; 1981 c 148 § 10; 1973 1st ex.s. c 212 § 7; 1970 ex.s. c 87 § 6.] 84.34.060 Severability—1997 c 429: See note following RCW 36.70A.3201. Purpose—Severability—Effective dates—1981 c 148: See notes following RCW 84.33.130. 84.34.065 Determination of true and fair value of farm and agricultural land—Definitions. The true and fair value of farm and agricultural land shall be determined by consideration of the earning or productive capacity of comparable lands from crops grown most typically in the area averaged over not less than five years, capitalized at indicative rates. The earning or productive capacity of farm and agricul84.34.065 (2008 Ed.) 84.34.070 tural lands shall be the "net cash rental", capitalized at a "rate of interest" charged on long term loans secured by a mortgage on farm or agricultural land plus a component for property t ax e s . T h e c u r r e n t u s e v a l u e o f l a n d u n d e r R C W 84.34.020(2)(e) shall be established as: The prior year’s average value of open space farm and agricultural land used in the county plus the value of land improvements such as septic, water, and power used to serve the residence. This shall not be interpreted to require the assessor to list improvements to the land with the value of the land. For the purposes of the above computation: (1) The term "net cash rental" shall mean the average rental paid on an annual basis, in cash, for the land being appraised and other farm and agricultural land of similar quality and similarly situated that is available for lease for a period of at least three years to any reliable person without unreasonable restrictions on its use for production of agricultural crops. There shall be allowed as a deduction from the rental received or computed any costs of crop production charged against the landlord if the costs are such as are customarily paid by a landlord. If "net cash rental" data is not available, the earning or productive capacity of farm and agricultural lands shall be determined by the cash value of typical or usual crops grown on land of similar quality and similarly situated averaged over not less than five years. Standard costs of production shall be allowed as a deduction from the cash value of the crops. The current "net cash rental" or "earning capacity" shall be determined by the assessor with the advice of the advisory committee as provided in RCW 84.34.145, and through a continuing internal study, assisted by studies of the department of revenue. This net cash rental figure as it applies to any farm and agricultural land may be challenged before the same boards or authorities as would be the case with regard to assessed values on general property. (2) The term "rate of interest" shall mean the rate of interest charged by the farm credit administration and other large financial institutions regularly making loans secured by farm and agricultural lands through mortgages or similar legal instruments, averaged over the immediate past five years. The "rate of interest" shall be determined annually by a rule adopted by the department of revenue and such rule shall be published in the state register not later than January 1 of each year for use in that assessment year. The department of revenue determination may be appealed to the state board of tax appeals within thirty days after the date of publication by any owner of farm or agricultural land or the assessor of any county containing farm and agricultural land. (3) The "component for property taxes" shall be a figure obtained by dividing the assessed value of all property in the county into the property taxes levied within the county in the year preceding the assessment and multiplying the quotient obtained by one hundred. [2001 c 249 § 13; 2000 c 103 § 23; 1998 c 320 § 8; 1997 c 429 § 33; 1992 c 69 § 9; 1989 c 378 § 11; 1973 1st ex.s. c 212 § 10.] Severability—1997 c 429: See note following RCW 36.70A.3201. 84.34.070 Withdrawal from classification. (1) When land has once been classified under this chapter, it shall 84.34.070 [Title 84 RCW—page 45] 84.34.080 Title 84 RCW: Property Taxes remain under such classification and shall not be applied to other use except as provided by subsection (2) of this section for at least ten years from the date of classification and shall continue under such classification until and unless withdrawn from classification after notice of request for withdrawal shall be made by the owner. During any year after eight years of the initial ten-year classification period have elapsed, notice of request for withdrawal of all or a portion of the land may be given by the owner to the assessor or assessors of the county or counties in which such land is situated. In the event that a portion of a parcel is removed from classification, the remaining portion must meet the same requirements as did the entire parcel when such land was originally granted classification pursuant to this chapter unless the remaining parcel has different income criteria. Within seven days the assessor shall transmit one copy of such notice to the legislative body which originally approved the application. The assessor or assessors, as the case may be, shall, when two assessment years have elapsed following the date of receipt of such notice, withdraw such land from such classification and the land shall be subject to the additional tax and applicable interest due under RCW 84.34.108. Agreement to tax according to use shall not be considered to be a contract and can be abrogated at any time by the legislature in which event no additional tax or penalty shall be imposed. (2) The following reclassifications are not considered withdrawals or removals and are not subject to additional tax under RCW 84.34.108: (a) Reclassification between lands under RCW 84.34.020 (2) and (3); (b) Reclassification of land classified under RCW 84.34.020 (2) or (3) or chapter 84.33 RCW to open space land under RCW 84.34.020(1); (c) Reclassification of land classified under RCW 84.34.020 (2) or (3) to forest land classified under chapter 84.33 RCW; and (d) Reclassification of land classified as open space land under RCW 84.34.020(1)(c) and reclassified to farm and agricultural land under RCW 84.34.020(2) if the land had been previously classified as farm and agricultural land under RCW 84.34.020(2). (3) Applications for reclassification shall be subject to applicable provisions of RCW 84.34.037, 84.34.035, 84.34.041, and chapter 84.33 RCW. (4) The income criteria for land classified under RCW 84.34.020(2) (b) and (c) may be deferred for land being reclassified from land classified under RCW 84.34.020 (1)(c) or (3), or chapter 84.33 RCW into RCW 84.34.020(2) (b) or (c) for a period of up to five years from the date of reclassification. [1992 c 69 § 10; 1984 c 111 § 2; 1973 1st ex.s. c 212 § 8; 1970 ex.s. c 87 § 7.] 84.34.080 Change in use. When land which has been classified under this chapter as open space land, farm and agricultural land, or timber land is applied to some other use, except through compliance with RCW 84.34.070, or except as a result solely from any one of the conditions listed in RCW 84.34.108(6), the owner shall within sixty days notify the county assessor of such change in use and additional real property tax shall be imposed upon such land in an amount equal to the sum of the following: 84.34.080 [Title 84 RCW—page 46] (1) The total amount of the additional tax and applicable interest due under RCW 84.34.108; plus (2) A penalty amounting to twenty percent of the amount determined in subsection (1) of this section. [1999 sp.s. c 4 § 705; 1992 c 69 § 11; 1973 1st ex.s. c 212 § 9; 1970 ex.s. c 87 § 8.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 84.34.090 Extension of additional tax and penalties on tax roll—Lien. The additional tax and penalties, if any, provided by RCW 84.34.070 and 84.34.080 shall be extended on the tax roll and shall be, together with the interest thereon, a lien on the land to which such tax applies as of January 1st of the year for which such additional tax is imposed. Such lien shall have priority as provided in chapter 84.60 RCW: PROVIDED, That for purposes of all periods of limitation of actions specified in Title 84 RCW, the year in which the tax became payable shall be as specified in RCW 84.34.100. [1970 ex.s. c 87 § 9.] 84.34.090 84.34.100 Payment of additional tax, penalties, and/or interest. The additional tax, penalties, and/or interest provided by RCW 84.34.070 and 84.34.080 shall be payable in full thirty days after the date which the treasurer’s statement therefor is rendered. Such additional tax when collected shall be distributed by the county treasurer in the same manner in which current taxes applicable to the subject land are distributed. [1980 c 134 § 4; 1970 ex.s. c 87 § 10.] 84.34.100 84.34.108 Removal of classification—Factors— Notice of continuance—Additional tax—Lien—Delinquencies—Exemptions. (1) When land has once been classified under this chapter, a notation of the classification shall be made each year upon the assessment and tax rolls and the land shall be valued pursuant to RCW 84.34.060 or 84.34.065 until removal of all or a portion of the classification by the assessor upon occurrence of any of the following: (a) Receipt of notice from the owner to remove all or a portion of the classification; (b) Sale or transfer to an ownership, except a transfer that resulted from a default in loan payments made to or secured by a governmental agency that intends to or is required by law or regulation to resell the property for the same use as before, making all or a portion of the land exempt from ad valorem taxation; (c) Sale or transfer of all or a portion of the land to a new owner, unless the new owner has signed a notice of classification continuance, except transfer to an owner who is an heir or devisee of a deceased owner shall not, by itself, result in removal of classification. The notice of continuance shall be on a form prepared by the department. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all additional taxes calculated pursuant to subsection (4) of this section shall become due and payable by the seller or transferor at time of sale. The auditor shall not accept an instrument of conveyance regarding classified land for filing or recording unless the new owner has signed the notice of continuance or the additional tax has been paid, as evidenced by the real estate excise tax stamp 84.34.108 (2008 Ed.) Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures affixed thereto by the treasurer. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (4) of this section to the county board of equalization in accordance with the provisions of RCW 84.40.038. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals; (d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that all or a portion of the land no longer meets the criteria for classification under this chapter. The criteria for classification pursuant to this chapter continue to apply after classification has been granted. The granting authority, upon request of an assessor, shall provide reasonable assistance to the assessor in making a determination whether the land continues to meet the qualifications of RCW 84.34.020 (1) or (3). The assistance shall be provided within thirty days of receipt of the request. (2) Land may not be removed from classification because of: (a) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120; or (b) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040. (3) Within thirty days after such removal of all or a portion of the land from current use classification, the assessor shall notify the owner in writing, setting forth the reasons for the removal. The seller, transferor, or owner may appeal the removal to the county board of equalization in accordance with the provisions of RCW 84.40.038. (4) Unless the removal is reversed on appeal, the assessor shall revalue the affected land with reference to its true and fair value on January 1st of the year of removal from classification. Both the assessed valuation before and after the removal of classification shall be listed and taxes shall be allocated according to that part of the year to which each assessed valuation applies. Except as provided in subsection (6) of this section, an additional tax, applicable interest, and penalty shall be imposed which shall be due and payable to the treasurer thirty days after the owner is notified of the amount of the additional tax. As soon as possible, the assessor shall compute the amount of additional tax, applicable interest, and penalty and the treasurer shall mail notice to the owner of the amount thereof and the date on which payment is due. The amount of the additional tax, applicable interest, and penalty shall be determined as follows: (a) The amount of additional tax shall be equal to the difference between the property tax paid as "open space land," "farm and agricultural land," or "timber land" and the amount of property tax otherwise due and payable for the seven years last past had the land not been so classified; (b) The amount of applicable interest shall be equal to the interest upon the amounts of the additional tax paid at the same statutory rate charged on delinquent property taxes from the dates on which the additional tax could have been paid without penalty if the land had been assessed at a value without regard to this chapter; (c) The amount of the penalty shall be as provided in RCW 84.34.080. The penalty shall not be imposed if the removal satisfies the conditions of RCW 84.34.070. (2008 Ed.) 84.34.108 (5) Additional tax, applicable interest, and penalty, shall become a lien on the land which shall attach at the time the land is removed from classification under this chapter and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which the land may become charged or liable. This lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any additional tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes. (6) The additional tax, applicable interest, and penalty specified in subsection (4) of this section shall not be imposed if the removal of classification pursuant to subsection (1) of this section resulted solely from: (a) Transfer to a government entity in exchange for other land located within the state of Washington; (b)(i) A taking through the exercise of the power of eminent domain, or (ii) sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power, said entity having manifested its intent in writing or by other official action; (c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the landowner changing the use of the property; (d) Official action by an agency of the state of Washington or by the county or city within which the land is located which disallows the present use of the land; (e) Transfer of land to a church when the land would qualify for exemption pursuant to RCW 84.36.020; (f) Acquisition of property interests by state agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections. At such time as these property interests are not used for the purposes enumerated in RCW 84.34.210 and 64.04.130 the additional tax specified in subsection (4) of this section shall be imposed; (g) Removal of land classified as farm and agricultural land under RCW 84.34.020(2)(e); (h) Removal of land from classification after enactment of a statutory exemption that qualifies the land for exemption and receipt of notice from the owner to remove the land from classification; (i) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120; (j) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040; or (k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under chapter 84.33 RCW, or classified under this chapter continuously since 1993. The date of death shown on a death certificate is the date used for the purposes of this subsection (6)(k). [2007 c 54 § 25; 2003 c 170 § 6. Prior: 2001 c 305 § 3; 2001 c 249 § 14; 2001 c 185 § 7; prior: 1999 sp.s. c 4 § 706; 1999 c 233 § 22; 1999 c 139 [Title 84 RCW—page 47] 84.34.111 Title 84 RCW: Property Taxes § 2; 1992 c 69 § 12; 1989 c 378 § 35; 1985 c 319 § 1; 1983 c 41 § 1; 1980 c 134 § 5; 1973 1st ex.s. c 212 § 12.] Severability—2007 c 54: See note following RCW 82.04.050. Purpose—2003 c 170 § 6: "During the regular session of the 2001 legislature, RCW 84.34.108 was amended by section 7, chapter 185, by section 14, chapter 249, and by section 3, chapter 305, each without reference to the other. The purpose of section 6 of this act is to reenact and amend RCW 84.34.108 so that it reflects all amendments made by the legislature and to clarify any misunderstanding as to how the exemption contained in chapter 305, Laws of 2001 is to be applied." [2003 c 170 § 3.] Purpose—Intent—2003 c 170: See note following RCW 84.33.130. Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective date—1999 c 233: See note following RCW 4.28.320. 84.34.111 Remedies available to owner liable for additional tax. The owner of any land as to which additional tax is imposed as provided in this chapter shall have with respect to valuation of the land and imposition of the additional tax all remedies provided by this title. [1998 c 311 § 14; 1973 1st ex.s. c 212 § 13.] 84.34.111 84.34.121 Information required. The assessor may require owners of land classified under this chapter to submit pertinent data regarding the use of the land, productivity of typical crops, and such similar information pertinent to continued classification and appraisal of the land. [1973 1st ex.s. c 212 § 14.] 84.34.121 84.34.131 Valuation of timber not affected. Nothing in this chapter shall be construed as in any manner affecting the method for valuation of timber standing on timber land which has been classified under this chapter. [1998 c 311 § 15; 1973 1st ex.s. c 212 § 16.] 84.34.131 84.34.141 Rules and regulations. The department of revenue of the state of Washington shall make such rules and regulations consistent with this chapter as shall be necessary or desirable to permit its effective administration. [1998 c 311 § 16; 1973 1st ex.s. c 212 § 17.] 84.34.141 84.34.145 Advisory committee. The county legislative authority shall appoint a five member committee representing the active farming community within the county to serve in an advisory capacity to the assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timber lands classified under this chapter. [1998 c 311 § 17; 1992 c 69 § 13; 1973 1st ex.s. c 212 § 11.] 84.34.145 84.34.150 Reclassification of land classified under prior law which meets definition of farm and agricultural land. Land classified under the provisions of chapter 84.34 RCW prior to July 16, 1973 which meets the criteria for classification under this chapter, is hereby reclassified under this chapter. This change in classification shall be made without additional tax, applicable interest, penalty, or other requirements, but subsequent to such reclassification, the land shall be fully subject to this chapter. A condition imposed by a 84.34.150 [Title 84 RCW—page 48] granting authority prior to July 16, 1973, upon land classified pursuant to RCW 84.34.020 (1) or (3) shall remain in effect during the period of classification. [1998 c 311 § 18; 1992 c 69 § 14; 1973 1st ex.s. c 212 § 15.] 84.34.155 Reclassification of land classified as timber land which meets definition of forest land under chapter 84.33 RCW. Land classified under the provisions of RCW 84.34.020 (2) or (3) which meets the definition of forest land under the provisions of chapter 84.33 RCW, upon request for such change made by the owner to the granting authority, shall be reclassified by the assessor under the provisions of chapter 84.33 RCW. This change in classification shall be made without additional tax, applicable interest, penalty, or other requirements set forth in chapter 84.34 RCW: PROVIDED, That subsequent to such reclassification, the land shall be fully subject to the provisions of chapter 84.33 RCW, as now or hereafter amended. [1992 c 69 § 15; 1973 1st ex.s. c 212 § 19.] 84.34.155 84.34.160 Information on current use classification—Publication and dissemination. The department of revenue and each granting authority is hereby directed to publicize the qualifications and manner of making applications for classification. Notice of the qualifications, method of making applications, and availability of further information on current use classification shall be included with every notice of change in valuation. [1992 c 69 § 16; 1973 1st ex.s. c 212 § 18.] 84.34.160 84.34.200 Acquisition of open space, etc., land or rights to future development by counties, cities, or metropolitan municipal corporations—Legislative declaration—Purposes. The legislature finds that the haphazard growth and spread of urban development is encroaching upon, or eliminating, numerous open areas and spaces of varied size and character, including many devoted to agriculture, the cultivation of timber, and other productive activities, and many others having significant recreational, social, scenic, or esthetic values. Such areas and spaces, if preserved and maintained in their present open state, would constitute important assets to existing and impending urban and metropolitan development, at the same time that they would continue to contribute to the welfare and well-being of the citizens of the state as a whole. The acquisition of interests or rights in real property for the preservation of such open spaces and areas constitutes a public purpose for which public funds may properly be expended or advanced. [1971 ex.s. c 243 § 1.] 84.34.200 84.34.210 Acquisition of open space, land, or rights to future development by certain entities—Authority to acquire—Conveyance or lease back. Any county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise, except by eminent domain, the fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to pro84.34.210 (2008 Ed.) Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures tect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve, selected open space land, farm and agricultural land, and timber land as such are defined in chapter 84.34 RCW for public use or enjoyment. Among interests that may be so acquired are mineral rights. Any county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may acquire such property for the purpose of conveying or leasing the property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of chapter 243, Laws of 1971 ex. sess. [1993 c 248 § 1; 1987 c 341 § 2; 1975-’76 2nd ex.s. c 22 § 1; 1971 ex.s. c 243 § 2.] Acquisition of interests in land for conservation, protection, preservation, or open space purposes by certain entities: RCW 64.04.130. Property tax exemption for conservation futures on agricultural land: RCW 84.36.500. 84.34.220 84.34.220 Acquisition of open space, land, or rights to future development by certain entities—Developmental rights—"Conservation futures"—Acquisition— Restrictions. In accordance with the authority granted in RCW 84.34.210, a county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may specifically purchase or otherwise acquire, except by eminent domain, rights in perpetuity to future development of any open space land, farm and agricultural land, and timber land which are so designated under the provisions of chapter 84.34 RCW and taxed at current use assessment as provided by that chapter. For the purposes of chapter 243, Laws of 1971 ex. sess., such developmental rights shall be termed "conservation futures". The private owner may retain the right to continue any existing open space use of the land, and to develop any other open space use, but, under the terms of purchase of conservation futures, the county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may forbid or restrict building thereon, or may require that improvements cannot be made without county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, permission. The land may be alienated or sold and used as formerly by the new owner, subject to the terms of the agreement made by the county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, with the original owner. [1993 c 248 § 2; 1987 c 341 § 3; 1975-’76 2nd ex.s. c 22 § 2; 1971 ex.s. c 243 § 3.] (2008 Ed.) 84.34.240 84.34.230 84.34.230 Acquisition of open space, etc., land or rights to future development by certain entities—Additional property tax levy authorized. Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties are encouraged to use some conservation futures as one tool for salmon preservation purposes. For the purpose of acquiring conservation futures and other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, and for maintaining and operating any property acquired with these funds, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. Any rights or interests in real property acquired under this section after July 24, 2005, must be located within the assessing county. Further, the county must determine if the rights or interests in real property acquired with these funds would reduce the capacity of land suitable for development necessary to accommodate the allocated housing and employment growth, as adopted in the countywide planning policies. When actions are taken that reduce capacity to accommodate planned growth, the jurisdiction shall adopt reasonable measures to increase the capacity lost by such actions. [2005 c 449 § 1; 1995 c 318 § 8; 1994 c 301 § 33; 1973 1st ex.s. c 195 § 94; 1973 1st ex.s. c 195 § 145; 1971 ex.s. c 243 § 4.] Effective date—1995 c 318: See note following RCW 82.04.030. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 84.34.240 84.34.240 Acquisition of open space, etc., land or rights to future development by certain entities—Conservation futures fund—Additional requirements, authority. Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties are encouraged to use some conservation futures as one tool for salmon preservation purposes. (1) Any board of county commissioners may establish by resolution a special fund which may be termed a conservation futures fund to which it may credit all taxes levied pursuant to RCW 84.34.230. Amounts placed in this fund may be used for the purpose of acquiring rights and interests in real property pursuant to the terms of RCW 84.34.210 and 84.34.220, and for the maintenance and operation of any property acquired with these funds. The amount of revenue used for maintenance and operations of parks and recreational land may not exceed fifteen percent of the total amount collected from the tax levied under RCW 84.34.230 in the preceding calendar year. Revenues from this tax may not be used to supplant existing maintenance and operation funding. Any rights or interests in real property acquired under this section must be located within the assessing county. Further, the county must determine if the rights or interests in real property acquired with these funds would reduce the capacity of land suitable for development necessary to accommodate the allocated housing and employment growth, as adopted in the countywide planning policies. When actions are taken that reduce capacity to accommodate planned growth, the juris[Title 84 RCW—page 49] 84.34.250 Title 84 RCW: Property Taxes diction shall adopt reasonable measures to increase the capacity lost by such actions. (2) In counties greater than one hundred thousand in population, the board of county commissioners or county legislative authority shall develop a process to help ensure distribution of the tax levied under RCW 84.34.230, over time, throughout the county. (3)(a) Between July 24, 2005, and July 1, 2008, the county legislative authority of a county with a population density of fewer than four persons per square mile may enact an ordinance offering a ballot proposal to the people of the county to determine whether or not the county legislative authority may make a one-time emergency reallocation of unspent conservation futures funds to pay for other county government purposes, where such conservation futures funds were originally levied under RCW 84.34.230 but never spent to acquire rights and interests in real property. (b) Upon adoption by the county legislative authority of a ballot proposal ordinance under (a) of this subsection the county auditor shall: (i) Confer with the county legislative authority and review any proposal to the people as to form and style; (ii) give the ballot proposal a number, which thereafter shall be the identifying number for the proposal; (iii) transmit a copy of the proposal to the prosecuting attorney; and (iv) submit the proposal to the people at the next general or special election that is not less than ninety days after the adoption of the ordinance by the county legislative authority. (c) The county prosecuting attorney shall within fifteen working days of receipt of the proposal compose a concise statement, posed as a positive question, not to exceed twentyfive words, which shall express and give a true and impartial statement of the proposal. Such concise statement shall be the ballot title. (d) If the measure is affirmed by a majority voting on the issue it shall become effective ten days after the results of the election are certified. (4) Nothing in this section shall be construed as limiting in any manner methods and funds otherwise available to a county for financing the acquisition of such rights and interests in real property. [2005 c 449 § 2; 1971 ex.s. c 243 § 5.] 84.34.250 Nonprofit nature conservancy corporation or association defined. As used in RCW 84.34.210, as now or hereafter amended, and RCW 84.34.220, as now or hereafter amended, "nonprofit nature conservancy corporation or association" means an organization which qualifies as being tax exempt under 26 U.S.C. section 501(c) (of the Internal Revenue Code) as it exists on June 25, 1976 and one which has as one of its principal purposes the conducting or facilitating of scientific research; the conserving of natural resources, including but not limited to biological resources, for the general public; or the conserving of open spaces, including but not limited to wildlife habitat to be utilized as public access areas, for the use and enjoyment of the general public. [1975-’76 2nd ex.s. c 22 § 4.] 84.34.250 84.34.300 Special benefit assessments for farm and agricultural land or timber land—Legislative findings— Purpose. The legislature finds that farming, timber production, and the related agricultural and forest industries have 84.34.300 [Title 84 RCW—page 50] historically been and currently are central factors in the economic and social lifeblood of the state; that it is a fundamental policy of the state to protect agricultural and timber lands as a major natural resource in order to maintain a source to supply a wide range of agricultural and forest products; and that the public interest in the protection and stimulation of farming, timber production, and the agricultural and forest industries is a basic element of enhancing the economic viability of this state. The legislature further finds that farm land and timber land in urbanizing areas are often subjected to high levels of property taxation and benefit assessment, and that such levels of taxation and assessment encourage and even force the removal of such lands from agricultural and forest uses. The legislature further finds that because of this level of taxation and assessment, such farm land and timber land in urbanizing areas are either converted to nonagricultural and nonforest uses when significant amounts of nearby nonagricultural and nonforest area could be suitably used for such nonagricultural and nonforest uses, or, much of this farm land and timber land is left in an unused state. The legislature further finds that with the approval by the voters of the Fifty-third Amendment to the state Constitution, and with the enactment of chapter 84.34 RCW, the owners of farm lands and timber lands were provided with an opportunity to have such land valued on the basis of its current use and not its "highest and best use" and that such current use valuation is one mechanism to protect agricultural and timber lands. The legislature further finds that despite this potential property tax reduction, farm lands and timber lands in urbanized areas are still subject to high levels of benefit assessments and continue to be removed from farm and forest uses. It is therefore the purpose of the legislature to establish, with the enactment of RCW 84.34.300 through 84.34.380, another mechanism to protect agricultural and timber land which creates an analogous system of relief from certain benefit assessments for farm and agricultural land and timber land. It is the intent of the legislature that special benefit assessments not be imposed for the availability of sanitary and/or storm sewerage service, or domestic water service, or for road construction and/or improvement purposes on farm and agricultural lands and timber lands which have been designated for current use classification as farm and agricultural lands or timber lands until such lands are withdrawn or removed from such classification or unless such lands benefit from or cause the need for the local improvement district. The legislature finds, and it is the intent of RCW 84.34.300 through 84.34.380 and 84.34.922, that special benefit assessments for the improvement or construction of sanitary and/or storm sewerage service, or domestic water service, or certain road construction do not generally benefit land which has been classified as open space farm and agricultural land or timber land under the open space act, chapter 84.34 RCW, until such land is withdrawn from such classification or such land is used for a more intense and nonagricultural use, or the land is no longer used as timber land. The purpose of RCW 84.34.300 through 84.34.380 and 84.34.922 is to provide an exemption from certain special benefit assessments which do not benefit timber land or open space farm and agricultural land, and to provide the means for local governmental entities to recover such assessments in current dollar value in the event such land is no longer devoted to (2008 Ed.) Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures farming or timber production under chapter 84.34 RCW. Where the owner of such land chooses to make limited use of improvements related to special benefit assessments, RCW 84.34.300 through 84.34.380 provides the means for the partial assessment on open space timber and farm land to the extent the land is directly benefited by the improvement. [1992 c 52 § 14; 1979 c 84 § 1.] 84.34.310 Special benefit assessments for farm and agricultural land or timber land—Definitions. As used in RCW 84.34.300 through 84.34.380, unless a different meaning is required, the words defined in this section shall have the meanings indicated. (1) "Farm and agricultural land" shall mean the same as defined in RCW 84.34.020(2). (2) "Timber land" shall mean the same as defined in RCW 84.34.020(3). (3) "Local government" shall mean any city, town, county, water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary and/or storm sewerage systems, domestic water supply and/or distribution systems, or road construction or improvement purposes. (4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts. (5) "Owner" shall mean the same as defined in RCW 84.34.020(5) or the applicable statutes relating to special benefit assessments. (6) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in RCW 84.34.330 (1) and (2). Such determination shall be published not later than January 1 of each year for use in that assessment year. (7) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement. [1999 c 153 § 71; 1992 c 52 § 15; 1979 c 84 § 2.] 84.34.310 Part headings not law—1999 c 153: See note following RCW 57.04.050. 84.34.320 Special benefit assessments for farm and agricultural land or timber land—Exemption from assessment—Procedures relating to exemption—Constructive notice of potential liability—Waiver of exemption. Any land classified as farm and agricultural land or timber land pursuant to chapter 84.34 RCW at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (1) to create a local improvement district, in which such land is included or would have been included but for such classification, or (2) to 84.34.320 (2008 Ed.) 84.34.320 approve or confirm a final special benefit assessment roll relating to a sanitary and/or storm sewerage system, domestic water supply and/or distribution system, or road construction and/or improvement, which roll would have included such land but for such classification, shall be exempt from special benefit assessments or charges in lieu of assessment for such purposes as long as that land remains in such classification, except as otherwise provided in RCW 84.34.360. Whenever a local government creates a local improvement district, the levying, collection and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided pursuant to the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes farm and agricultural land or timber land shall be filed with the county assessor and the legislative authority of the county in which such land is located. The assessor, upon receiving notice of the creation of such a local improvement district, shall send a notice to the owner of the farm and agricultural land or timber land listed on the tax rolls of the applicable county treasurer of: (1) The creation of the local improvement district; (2) the exemption of that land from special benefit assessments; (3) the fact that the farm and agricultural land or timber land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and (4) the potential liability, pursuant to RCW 84.34.330, if the exemption is not waived and the land is subsequently removed from the farm and agricultural land or timber land status. When a local government approves and confirms a special benefit assessment roll, from which farm and agricultural land or timber land has been exempted pursuant to this section, it shall file a notice of such action with the assessor and the legislative authority of the county in which such land is located and with the treasurer of that local government, which notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment which would have been levied against the land if it had not been exempted. The filing of such notice with the assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded, that such exempt land is subject to the charges provided in RCW 84.34.330 and 84.34.340 if such land is withdrawn or removed from its current use classification as farm and agricultural land or timber land. The owner of the land exempted from special benefit assessments pursuant to this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the assessor, but the failure of such filing shall not affect the waiver. [Title 84 RCW—page 51] 84.34.330 Title 84 RCW: Property Taxes Except to the extent provided in RCW 84.34.360, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to such exempted land. [1992 c 69 § 17; 1992 c 52 § 16; 1979 c 84 § 3.] Reviser’s note: This section was amended by 1992 c 52 § 16 and by 1992 c 69 § 17, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 84.34.330 Special benefit assessments for farm and agricultural land or timber land—Withdrawal from classification or change in use—Liability—Amount—Due date—Lien. Whenever farm and agricultural land or timber land has once been exempted from special benefit assessments pursuant to RCW 84.34.320, any withdrawal from classification or change in use from farm and agricultural land or timber land under chapter 84.34 RCW shall result in the following: (1) If the bonds used to fund the improvement in the local improvement district have not been completely retired, such land shall immediately become liable for: (a) The amount of the special benefit assessment listed in the notice provided for in RCW 84.34.320; plus (b) interest on the amount determined in (1)(a) of this section, compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity which created the local improvement district as provided in RCW 84.34.320 to the time the owner withdraws such land from the exemption category provided by this chapter; or (2) If the bonds used to fund the improvement in the local improvement district have been completely retired, such land shall immediately become liable for: (a) The amount of the special benefit assessment listed in the notice provided for in RCW 84.34.320; plus (b) interest on the amount determined in (2)(a) of this section compounded annually at a rate equal to the average rate of inflation from the time the initial notice is filed by the governmental entity which created the local improvement district as provided in RCW 84.34.320, to the time the bonds used to fund the improvement have been retired; plus (c) interest on the total amount determined in (2)(a) and (b) of this section at a simple per annum rate equal to the average rate of inflation from the time the bonds used to fund the improvement have been retired to the time the owner withdraws such lands from the exemption category provided by this chapter. (3) The amount payable pursuant to this section shall become due on the date such land is withdrawn or removed from its current use or timber land classification and shall be a lien on the land prior and superior to any other lien whatsoever except for the lien for general taxes, and shall be enforceable in the same manner as the collection of special benefit assessments are enforced by that local government. [1992 c 52 § 17; 1979 c 84 § 4.] 84.34.330 84.34.340 Special benefit assessments for farm and agricultural land or timber land—Withdrawal or removal from classification—Notice to local government—Statement to owner of amounts payable—Delinquency date—Enforcement procedures. Whenever farm and agricultural land or timber land is withdrawn or removed 84.34.340 [Title 84 RCW—page 52] from its current use classification as farm and agricultural land or timber land, the county assessor of the county in which such land is located shall forthwith give written notice of such withdrawal or removal to the local government or its successor which had filed with the assessor the notice required by RCW 84.34.320. Upon receipt of the notice from the assessor, the local government shall mail a written statement to the owner of such land for the amounts payable as provided in RCW 84.34.330. Such amounts due shall be delinquent if not paid within one hundred and eighty days after the date of mailing of the statement, and shall be subject to the same interest, penalties, lien priority, and enforcement procedures that are applicable to delinquent assessments on the assessment roll from which that land had been exempted, except that the rate of interest charged shall not exceed the rate provided in RCW 84.34.330. [1992 c 52 § 18; 1979 c 84 § 5.] 84.34.350 Special benefit assessments for farm and agricultural land—Use of payments collected. Payments collected pursuant to RCW 84.34.330 and 84.34.340, or by enforcement procedures referred to therein, after the payment of the expenses of their collection, shall first be applied to the payment of general or special debt incurred to finance the improvements related to the special benefit assessments, and, if such debt is retired, then into the maintenance fund or general fund of the governmental entity which created the local improvement district, or its successor, for any of the following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2) maintenance expenses of the district; or (3) construction or acquisition of any facilities necessary to carry out the purpose of the district. [1979 c 84 § 6.] 84.34.350 84.34.360 Special benefit assessments for farm and agricultural land or timber land—Rules to implement RCW 84.34.300 through 84.34.380. The department of revenue shall adopt rules it shall deem necessary to implement RCW 84.34.300 through 84.34.380 which shall include, but not be limited to, procedures to determine the extent to which a portion of the land otherwise exempt may be subject to a special benefit assessment for the actual connection to the domestic water system or sewerage facilities, and further to determine the extent to which all or a portion of such land may be subject to a special benefit assessment for access to the road improvement in relation to its value as farm and agricultural land or timber land as distinguished from its value under more intensive uses. The provision for limited special benefit assessments shall not relieve such land from liability for the amounts provided in RCW 84.34.330 and 84.34.340 when such land is withdrawn or removed from its current use classification as farm and agricultural land or timber land. [1992 c 69 § 18; 1992 c 52 § 19; 1979 c 84 § 7.] 84.34.360 Reviser’s note: This section was amended by 1992 c 52 § 19 and by 1992 c 69 § 18, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 84.34.370 Special benefit assessments for farm and agricultural land or timber land—Assessments due on land withdrawn or changed. Whenever a portion of a par84.34.370 (2008 Ed.) Exemptions cel of land which was classified as farm and agricultural or timber land pursuant to this chapter is withdrawn from classification or there is a change in use, and such land has been exempted from any benefit assessments pursuant to RCW 84.34.320, the previously exempt benefit assessments shall become due on only that portion of the land which is withdrawn or changed. [1992 c 52 § 20; 1979 c 84 § 8.] Chapter 84.36 held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1979 c 84 § 11.] 84.34.923 Effective date—1992 c 69. This act shall take effect January 1, 1993. [1992 c 69 § 22.] 84.34.923 Chapter 84.36 84.34.380 Special benefit assessments for farm and agricultural land or timber land—Application of exemption to rights and interests preventing nonagricultural or nonforest uses. Farm and agricultural land or timber land on which the right to future development has been acquired by any local government, the state of Washington, or the United States government shall be exempt from special benefit assessments in lieu of assessment for such purposes in the same manner, and under the same liabilities for payment and interest, as land classified under this chapter as farm and agricultural land or timber land, for as long as such classification applies. Any interest, development right, easement, covenant, or other contractual right which effectively protects, preserves, maintains, improves, restores, prevents the future nonagricultural or nonforest use of, or otherwise conserves farm and agricultural land or timber land shall be exempt from special benefit assessments as long as such development right or other such interest effectively serves to prevent nonagricultural or nonforest development of such land. [1992 c 52 § 21; 1979 c 84 § 9.] 84.34.380 84.34.390 Application—Chapter 79.44 RCW— Assessments against public lands. Nothing in RCW 84.34.300 through 84.34.340 or 84.34.360 through 84.34.380 shall amend the provisions of chapter 79.44 RCW. [1992 c 52 § 25.] 84.34.390 84.34.900 Severability—1970 ex.s. c 87. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1970 ex.s. c 87 § 15.] Sections 84.36.005 84.36.010 84.36.015 84.36.020 84.36.030 84.36.031 84.36.032 84.36.035 84.36.037 84.36.040 84.36.041 84.36.042 84.36.043 84.36.045 84.36.046 84.36.047 84.36.050 84.36.060 84.34.900 84.34.910 Effective date—1970 ex.s. c 87. The provisions of this act shall take effect on January 1, 1971. [1970 ex.s. c 87 § 16.] 84.34.910 84.34.920 Severability—1971 ex.s. c 243. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 243 § 9.] 84.34.920 84.34.921 Severability—1973 1st ex.s. c 212. If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 212 § 20.] 84.36.070 84.36.079 84.36.080 84.36.090 84.36.100 84.36.105 84.36.110 84.36.120 84.36.130 84.36.135 84.36.210 84.36.230 84.36.240 84.36.250 84.36.255 84.34.921 84.36.260 84.36.262 84.36.264 84.36.300 84.34.922 Severability—1979 c 84. If any provision of this act, or its application to any person or circumstance is 84.34.922 (2008 Ed.) Chapter 84.36 RCW EXEMPTIONS 84.36.301 84.36.310 Property subject to taxation. Public, certain public-private and tribal property exempt. Property valued at less than five hundred dollars—Exceptions. Cemeteries, churches, parsonages, convents, and grounds. Property used for character building, benevolent, protective or rehabilitative social services—Camp facilities—Veteran or relief organization owned property—Property of nonprofit organizations that issue debt for student loans or that are guarantee agencies. Clarification of exemption in RCW 84.36.030. Administrative offices of nonprofit religious organizations. Property used by qualifying blood, tissue, or blood and tissue banks. Nonprofit organization property connected with operation of public assembly hall or meeting place. Nonprofit day care centers, libraries, orphanages, homes or hospitals for the sick or infirm, outpatient dialysis facilities. Nonprofit homes for the aging. Nonprofit organization, corporation, or association property used to provide housing for persons with developmental disabilities. Nonprofit organization property used in providing emergency or transitional housing to low-income homeless persons or victims of domestic violence. Nonprofit organization property available without charge for medical research or training of medical personnel. Nonprofit cancer clinic or center. Nonprofit organization property used for transmission or reception of radio or television signals originally broadcast by governmental agencies. Schools and colleges. Art, scientific and historical collections and property used to maintain, etc., such collections—Property of associations engaged in production and performance of musical, dance, artistic, etc., works—Fire engines, implements, and buildings of cities, towns, or fire companies—Humane societies. Intangible personal property—Appraisal. Rights, title, interest, and materials of certain vessels under construction. Certain ships and vessels. Exemption for other ships and vessels. Size of vessel immaterial. Cargo containers used in ocean commerce. Household goods and personal effects—Fifteen thousand dollars actual value to head of family. Household goods and personal effects—Definitions. Airport property in this state for smaller airports belonging to municipalities of adjoining states. Real and personal property of housing finance commission. Public right-of-way easements. Interstate bridges—Reciprocity. Soil and water conservation districts, personal property. Water distribution property owned by nonprofit corporation or cooperative association. Improvements to benefit fish and wildlife habitat, water quality, and water quantity—Cooperative assistance to landowners—Certification of best management practice—Limitation—Landowner claim and certification. Property, interests, etc., used for conservation of ecological systems, natural resources, or open space—Conservation or scientific research organizations. Cessation of use giving rise to exemption. Application for exemption under RCW 84.36.260, conservation of ecological systems. Stocks of merchandise, goods, wares or material—Aircraft parts, etc.—When eligible for exemption. Legislative finding and declaration for RCW 84.36.300. Requirements for exemption under RCW 84.36.300. [Title 84 RCW—page 53] 84.36.005 84.36.320 84.36.350 84.36.379 84.36.381 84.36.383 84.36.385 84.36.387 84.36.389 84.36.400 84.36.451 84.36.470 84.36.477 84.36.480 84.36.487 84.36.500 84.36.510 84.36.550 84.36.560 84.36.570 84.36.590 84.36.595 84.36.600 84.36.605 84.36.630 84.36.635 84.36.640 84.36.645 84.36.650 84.36.655 84.36.660 84.36.665 Title 84 RCW: Property Taxes Inspection of books and records for exemption under RCW 84.36.300. Property owned or used for sheltered workshops for handicapped. Residences—Property tax exemption—Findings. Residences—Property tax exemptions—Qualifications. Residences—Definitions. Residences—Claim for exemption—Forms—Change of status—Publication and notice of qualifications and manner of making claims. Residences—Claimants—Penalty for falsification—Reduction by remainderman. Residences—Rules and regulations—Audits—Confidentiality—Criminal penalty. Improvements to single family dwellings. Right to occupy or use certain public property, including leasehold interests. Agricultural products—Exemption. Business inventories. Nonprofit fair associations. Air pollution control equipment in thermal electric generation facilities—Records—Payments on cessation of operation. Conservation futures on agricultural land. Mobile homes in dealer’s inventory. Nonprofit organizations—Property used for solicitation or collection of gifts, donations, or grants. Nonprofit organizations that provide rental housing or used space to very low-income households. Nonprofit organizations—Property used for agricultural research and education programs. Property used in connection with privatization contract at Hanford reservation. Motor vehicles, travel trailers, campers, and vehicles carrying exempt licenses. Computer software. Sales/leasebacks by regional transit authorities. Farming machinery and equipment. Property used for the manufacture of alcohol fuel or biodiesel fuel. Property used for the manufacture of wood biomass fuel. Semiconductor materials. Property used by certain nonprofits to solicit or collect money for artists. Property related to the manufacture of superefficient airplanes. Installation of automatic sprinkler system under RCW 18.27.500 through 18.27.520. Military housing. GENERAL PROVISIONS 84.36.800 84.36.805 84.36.810 84.36.812 84.36.813 84.36.815 84.36.820 84.36.825 84.36.830 84.36.833 84.36.835 84.36.840 84.36.845 84.36.850 84.36.855 84.36.860 84.36.865 84.36.900 84.36.905 Definitions. Conditions for obtaining exemptions by nonprofit organizations, associations, or corporations. Cessation of use under which exemption granted—Collection of taxes. Additional tax payable at time of sale—Appeal of assessed values. Change in use—Duty to notify county assessor—Examination—Recommendation. Tax exempt status—Initial application—Renewal. Renewal notice for exempt property—Failure to file before due date, effect. Late filing penalty. Review of applications for exemption—Procedure—Approval or denial—Notice. Application for exemption or renewal may include all contiguous exempt property. List of exempt properties to be prepared and furnished each county assessor. Statements—Reports—Information—Filing—Requirements. Revocation of exemption approved or renewed due to inaccurate information. Review—Appeals. Property changing from exempt to taxable status—Procedure. Public notice of provisions of act. Rules and regulations. Severability—1973 2nd ex.s. c 40. Effective date—Construction—1973 2nd ex.s. c 40. Burying places: RCW 68.24.220. Cemetery associations: RCW 68.20.110, 68.20.120. Columbia Basin project: RCW 89.12.120. Conservation districts: Chapter 89.08 RCW. [Title 84 RCW—page 54] Consumer loan act: Chapter 31.04 RCW. Credit unions: Chapter 31.12 RCW. Federal agencies and instrumentalities: State Constitution Art. 7 §§ 1, 3; Title 37 RCW. Flood control district property: RCW 86.09.520. Irrigation district property: RCW 87.03.260. Local improvement trust property: RCW 35.53.010. Olympic National Park: RCW 37.08.210. Open space, agricultural, timber lands—Current use—Conservation futures: Chapter 84.34 RCW. Privilege taxes: Chapter 54.28 RCW. Public utility districts—Taxation: RCW 54.16.080. Rainier National Park: RCW 37.08.200. Savings and loan associations: RCW 33.28.040. Termination of tax preferences: Chapter 43.136 RCW. Timber and forest lands: Chapter 84.33 RCW. Timber property tax exemption: RCW 84.33.040. 84.36.005 Property subject to taxation. All property now existing, or that is hereafter created or brought into this state, shall be subject to assessment and taxation for state, county, and other taxing district purposes, upon equalized valuations thereof, fixed with reference thereto on the first day of January at twelve o’clock meridian in each year, excepting such as is exempted from taxation by law. [1961 c 15 § 84.36.005. Prior: 1955 c 196 § 2; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.] 84.36.005 84.36.010 Public, certain public-private and tribal property exempt. (1) All property belonging exclusively to the United States, the state, or any county or municipal corporation; all property belonging exclusively to any federally recognized Indian tribe located in the state, if that property is used exclusively for essential government services; all state route number 16 corridor transportation systems and facilities constructed under chapter 47.46 RCW; and all property under a financing contract pursuant to chapter 39.94 RCW or recorded agreement granting immediate possession and use to the public bodies listed in this section or under an order of immediate possession and use pursuant to RCW 8.04.090; is exempt from taxation. All property belonging exclusively to a foreign national government is exempt from taxation if that property is used exclusively as an office or residence for a consul or other official representative of the foreign national government, and if the consul or other official representative is a citizen of that foreign nation. (2) For the purposes of this section, "essential government services" means services such as tribal administration, public facilities, fire, police, public health, education, sewer, water, environmental and land use, transportation, and utility services. [2004 c 236 § 1; 1998 c 179 § 8; 1990 c 47 § 2; 1971 ex.s. c 260 § 1; 1969 c 34 § 1. Prior: 1967 ex.s. c 149 § 31; 1967 ex.s. c 145 § 35; 1961 c 15 § 84.36.010; prior: 84.36.010 (2008 Ed.) Exemptions 84.36.030 1955 c 196 § 3; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.] 1955 c 196 § 4; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.] Application—1998 c 179 § 8: "Section 8 of this act is effective for taxes levied for collection in 1999 and thereafter." [1998 c 179 § 9.] Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. Construction—1961 c 103: See note following RCW 49.60.040. Finding—1998 c 179: See note following RCW 35.21.718. Burial lot for particular person: RCW 68.24.220. 84.36.015 Property valued at less than five hundred dollars—Exceptions. (1) Each parcel of real property, and each personal property account, that has an assessed value of less than five hundred dollars is exempt from taxation. (2) This section does not apply to personal property to which the exemption from taxation under RCW 84.36.110(2) may be applied or to real property which qualifies for preferential tax treatment under this chapter or chapter 84.14, 84.26, 84.33, or 84.34 RCW. [1997 c 244 § 1.] 84.36.015 Effective date—1997 c 244: "This act takes effect January 1, 1999." [1997 c 244 § 3.] 84.36.020 Cemeteries, churches, parsonages, convents, and grounds. The following real and personal property shall be exempt from taxation: All lands, buildings, and personal property required for necessary administration and maintenance, used, or to the extent used, exclusively for public burying grounds or cemeteries without discrimination as to race, color, national origin or ancestry; All churches, personal property, and the ground, not exceeding five acres in area, upon which a church of any nonprofit recognized religious denomination is or shall be built, together with a parsonage, convent, and buildings and improvements required for the maintenance and safeguarding of such property. The area exempted shall in any case include all ground covered by the church, parsonage, convent, and buildings and improvements required for the maintenance and safeguarding of such property and the structures and ground necessary for street access, parking, light, and ventilation, but the area of unoccupied ground exempted in such cases, in connection with church, parsonage, convent, and buildings and improvements required for the maintenance and safeguarding of such property, shall not exceed the equivalent of one hundred twenty by one hundred twenty feet except where additional unoccupied land may be required to conform with state or local codes, zoning, or licensing requirements. The parsonage and convent need not be on land contiguous to the church property. To be exempt the property must be wholly used for church purposes: PROVIDED, That the loan or rental of property otherwise exempt under this paragraph to a nonprofit organization, association, or corporation, or school for use for an eleemosynary activity shall not nullify the exemption provided in this paragraph if the rental income, if any, is reasonable and is devoted solely to the operation and maintenance of the property. [1994 c 124 § 16; 1975 1st ex.s. c 291 § 12; 1973 2nd ex.s. c 40 § 1; 1971 ex.s. c 64 § 3; 1961 c 103 § 3; 1961 c 15 § 84.36.020. Prior: 84.36.020 (2008 Ed.) Nonprofit cemetery associations, certain exemptions: RCW 68.20.110, 68.20.120. 84.36.030 Property used for character building, benevolent, protective or rehabilitative social services— Camp facilities—Veteran or relief organization owned property—Property of nonprofit organizations that issue debt for student loans or that are guarantee agencies. The following real and personal property shall be exempt from taxation: (1)(a) Property owned by nonprofit organizations or associations, organized and conducted for nonsectarian purposes, which shall be used for character-building, benevolent, protective or rehabilitative social services directed at persons of all ages. (b) The sale of donated merchandise shall not be considered a commercial use of the property under this section if the proceeds are devoted to the furtherance of the purposes of the selling organization or association as specified in this subsection (1). (c) In a county with a population of less than twenty thousand, the rental or use of property, owned by a nonprofit organization or association described in (a) of this subsection, by a person, group, or organization in one of the following ways shall not nullify the exemption: (i) The property may be rented or used for pecuniary gain or for business activities or by individuals, groups, and organizations for private purposes if the rental or use: (A) Does not exceed fifteen days each assessment year; (B) No comparable private for-profit facility exists within ten miles of the property that could be used for the same purpose for which the property is loaned or rented; and (C) All income from the rental or use of the exempt property is used for capital improvements to the exempt property, maintenance and operation of the exempt property, or for exempt purposes; or (ii) The property is rented or used by a nonprofit community group or other nonprofit organization that might not qualify for exemption if it owned the property as long as the rental or use of the property: (A) Does not exceed fifteen days each assessment year; (B) Does not result in pecuniary gain; (C) Does not involve business activities; (D) Is always for the general public good; and (E) All income from the rental or use of the exempt property is used for capital improvements to the exempt property, maintenance and operation of the exempt property, or for exempt purposes. 84.36.030 [Title 84 RCW—page 55] 84.36.031 Title 84 RCW: Property Taxes (2) Property owned by any nonprofit church, denomination, group of churches, or an organization or association, the membership of which is comprised solely of churches or their qualified representatives, which is utilized as a camp facility if used for organized and supervised recreational activities and church purposes as related to such camp facilities. The exemption provided by this paragraph shall apply to a maximum of two hundred acres of any such camp as selected by the church, including buildings and other improvements thereon. (3) Property, including buildings and improvements required for the maintenance and safeguarding of such property, owned by nonprofit organizations or associations engaged in character building of boys and girls under eighteen years of age, and used for such purposes and uses, provided such purposes and uses are for the general public good: PROVIDED, That if existing charters provide that organizations or associations, which would otherwise qualify under the provisions of this paragraph, serve boys and girls up to the age of twenty-one years, then such organizations or associations shall be deemed qualified pursuant to this section. (4)(a) Property owned by all organizations and societies of veterans of any war of the United States, recognized as such by the department of defense, which shall have national charters, and which shall have for their general purposes and objects the preservation of the memories and associations incident to their war service and the consecration of the efforts of their members to mutual helpfulness and to patriotic and community service to state and nation. To be exempt such property must be used in such manner as may be reasonably necessary to carry out the purposes and objects of such societies. (b) The use of the property for pecuniary gain or for business activities, except as provided in this subsection (4), nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified by: (i) The collection of rent or donations if the amount is reasonable and does not exceed maintenance and operation expenses. (ii) Fund-raising activities conducted by a nonprofit organization. (iii) The use of the property for pecuniary gain for periods of not more than fifteen days in a year. (c) An inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years. (5) Property owned by all corporations, incorporated under any act of congress, whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. (6) Property owned by nonprofit organizations exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1954, as amended, that are guarantee [Title 84 RCW—page 56] agencies under the federal guaranteed student loan program or that issue debt to provide or acquire student loans. (7) To be exempt under this section, the property must be used exclusively for the purposes for which exemption is granted, except as provided in RCW 84.36.805. (8) For the purposes of this section, "general public good" means members of the community derive a benefit from the rental or use of the property by the nonprofit community group or organization. [2006 c 305 § 1; 1993 c 327 § 2; 1990 c 283 § 6; 1987 c 433 § 2; 1984 c 220 § 1; 1983 1st ex.s. c 25 § 1; 1973 2nd ex.s. c 40 § 2. Prior: 1971 ex.s. c 292 § 70; 1971 ex.s. c 64 § 1; 1969 c 137 § 1; 1961 c 15 § 84.36.030; prior: 1955 c 196 § 5; prior: (i) 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. (ii) 1945 c 109 § 1; Rem. Supp. 1945 § 11111a.] Construction—1990 c 283 §§ 6 and 7: "Sections 6 and 7 of this act shall not be construed as modifying or affecting any other existing or future exemptions." [1990 c 283 § 8.] Applicability—1983 1st ex.s. c 25: "This act is effective for property taxes levied in calendar year 1983 and due and payable in calendar year 1984 and thereafter." [1983 1st ex.s. c 25 § 2.] Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 84.36.031 Clarification of exemption in RCW 84.36.030. Property leased, loaned, sold with the option to repurchase, or otherwise made available to organizations described in RCW 84.36.030 above shall not be exempt from taxation. However, property that is owned by an organization exempt under RCW 84.36.030 may loan, lease, or rent the property to another organization for the same purpose as set out in RCW 84.36.030. [2006 c 305 § 2; 1969 c 137 § 2.] 84.36.031 84.36.032 Administrative offices of nonprofit religious organizations. The real and personal property of the administrative offices of nonprofit recognized religious organizations shall be exempt to the extent that the property is used for the administration of the religious programs of the organization and such other programs as would be exempt under RCW 84.36.020 and 84.36.030 as now or hereafter amended. [1975 1st ex.s. c 291 § 13.] 84.36.032 Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.035 Property used by qualifying blood, tissue, or blood and tissue banks. (1) The following property shall be exempt from taxation: All property, whether real or personal, belonging to or leased by any nonprofit corporation or association and used exclusively in the business of a qualifying blood bank, a qualifying tissue bank, or a qualifying blood and tissue bank, or in the administration of these businesses. If the real or personal property is leased, the benefit of the exemption shall inure to the nonprofit corporation or association. 84.36.035 (2008 Ed.) Exemptions (2) The definitions in RCW 82.04.324 apply to this section. [2004 c 82 § 4; 1995 2nd sp.s. c 9 § 1; 1971 ex.s. c 206 § 1.] Applicability—1995 2nd sp.s. c 9 §§ 1 and 2: "Sections 1 and 2 of this act are effective for taxes levied for collection in 1996 and thereafter." [1995 2nd sp.s. c 9 § 6.] Effective date—1995 2nd sp.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 2nd sp.s. c 9 § 7.] 84.36.037 Nonprofit organization property connected with operation of public assembly hall or meeting place. (1) Real or personal property owned by a nonprofit organization, association, or corporation in connection with the operation of a public assembly hall or meeting place is exempt from taxation. The area exempt under this section includes the building or buildings, the land under the buildings, and an additional area necessary for parking, not exceeding a total of one acre. When property for which exemption is sought is essentially unimproved except for restroom facilities and structures and this property has been used primarily for annual community celebration events for at least ten years, the exempt property shall not exceed twenty-nine acres. (2) To qualify for this exemption the property must be used exclusively for public gatherings and be available to all organizations or persons desiring to use the property, but the owner may impose conditions and restrictions which are necessary for the safekeeping of the property and promote the purposes of this exemption. Membership shall not be a prerequisite for the use of the property. (3) The use of the property for pecuniary gain or for business activities, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified by: (a) The collection of rent or donations if all funds collected are used for capital improvements to the exempt property, maintenance and operation of the exempt property, or for exempt purposes. (b) Fund-raising activities conducted by a nonprofit organization. (c) The use of the property for pecuniary gain, for business activities for periods of not more than fifteen days each assessment year so long as all income received from rental or use of the exempt property is used for capital improvements to the exempt property, maintenance and operation of the exempt property, or for exempt purposes. (d) In a county with a population of less than twenty thousand, the use of the property to promote the following business activities: Dance lessons, art classes, or music lessons. (e) An inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years. (4) The department of revenue shall narrowly construe this exemption. [2006 c 305 § 3. Prior: 1998 c 311 § 19; 84.36.037 (2008 Ed.) 84.36.041 1998 c 189 § 1; 1997 c 298 § 1; 1993 c 327 § 1; 1987 c 505 § 80; 1981 c 141 § 2.] Applicability, construction—1981 c 141: See note following RCW 84.36.060. 84.36.040 Nonprofit day care centers, libraries, orphanages, homes or hospitals for the sick or infirm, outpatient dialysis facilities. (1) The real and personal property used by nonprofit (a) day care centers as defined pursuant to *RCW 74.15.020; (b) free public libraries; (c) orphanages and orphan asylums; (d) homes for the sick or infirm; (e) hospitals for the sick; and (f) outpatient dialysis facilities, which are used for the purposes of such organizations shall be exempt from taxation: PROVIDED, That the benefit of the exemption inures to the user. (2) The real and personal property leased to and used by a hospital, owned and operated by a public hospital district established under chapter 70.44 RCW, for hospital purposes is exempt from taxation. The benefit of the exemption must inure to the user. (3) To be exempt under this section, the property must be used exclusively for the purposes for which exemption is granted, except as provided in RCW 84.36.805. [2001 c 126 § 1; 1989 c 379 § 1; 1987 c 31 § 1; 1984 c 220 § 2; 1973 2nd ex.s. c 40 § 3; 1973 1st ex.s. c 154 § 119; 1969 ex.s. c 245 § 1; 1961 c 15 § 84.36.040. Prior: 1955 c 196 § 6; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part.] 84.36.040 *Reviser’s note: RCW 74.15.020 was amended by 2006 c 265 § 401, removing the definition for "day care centers." Application—2001 c 126: "This act applies to taxes levied for collection in 2002 and thereafter." [2001 c 126 § 5.] Severability—1989 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 379 § 7.] Effective date—1989 c 379: "This act shall take effect April 1, 1990, and shall be effective for taxes levied for collection in 1991 and thereafter." [1989 c 379 § 8.] 84.36.041 Nonprofit homes for the aging. (1) All real and personal property used by a nonprofit home for the aging that is reasonably necessary for the purposes of the home is exempt from taxation if the benefit of the exemption inures to the home and: (a) At least fifty percent of the occupied dwelling units in the home are occupied by eligible residents; or (b) The home is subsidized under a federal department of housing and urban development program. The department of revenue shall provide by rule a definition of homes eligible for exemption under this subsection (1)(b), consistent with the purposes of this section. (2) All real and personal property used by a nonprofit home for the aging that is reasonably necessary for the purposes of the home is exempt from taxation if the benefit of the exemption inures to the home and the construction, rehabili84.36.041 [Title 84 RCW—page 57] 84.36.041 Title 84 RCW: Property Taxes tation, acquisition, or refinancing of the home is financed under a program using bonds exempt from federal income tax if at least seventy-five percent of the total amount financed uses the tax exempt bonds and the financing program requires the home to reserve a percentage of all dwelling units so financed for low-income residents. The initial term of the exemption under this subsection shall equal the term of the tax exempt bond used in connection with the financing program, or the term of the requirement to reserve dwelling units for low-income residents, whichever is shorter. If the financing program involves less than the entire home, only those dwelling units included in the financing program are eligible for total exemption. The department of revenue shall provide by rule the requirements for monitoring compliance with the provisions of this subsection and the requirements for exemption including: (a) The number or percentage of dwelling units required to be occupied by low-income residents, and a definition of low income; (b) The type and character of the dwelling units, whether independent units or otherwise; and (c) Any particular requirements for continuing care retirement communities. (3) A home for the aging is eligible for a partial exemption on the real property and a total exemption for the home’s personal property if the home does not meet the requirements of subsection (1) of this section because fewer than fifty percent of the occupied dwelling units are occupied by eligible residents, as follows: (a) A partial exemption shall be allowed for each dwelling unit in a home occupied by a resident requiring assistance with activities of daily living. (b) A partial exemption shall be allowed for each dwelling unit in a home occupied by an eligible resident. (c) A partial exemption shall be allowed for an area jointly used by a home for the aging and by a nonprofit organization, association, or corporation currently exempt from property taxation under one of the other provisions of this chapter. The shared area must be reasonably necessary for the purposes of the nonprofit organization, association, or corporation exempt from property taxation under one of the other provisions of this chapter, such as kitchen, dining, and laundry areas. (d) The amount of exemption shall be calculated by multiplying the assessed value of the property reasonably necessary for the purposes of the home, less the assessed value of any area exempt under (c) of this subsection, by a fraction. The numerator of the fraction is the number of dwelling units occupied by eligible residents and by residents requiring assistance with activities of daily living. The denominator of the fraction is the total number of occupied dwelling units as of December 31st of the first assessment year the home becomes operational for which exemption is claimed and January 1st of each subsequent assessment year for which exemption is claimed. (4) To be exempt under this section, the property must be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805. (5) A home for the aging is exempt from taxation only if the organization operating the home is exempt from income tax under section 501(c) of the federal internal revenue code [Title 84 RCW—page 58] as existing on January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purposes of this section. (6) In order for the home to be eligible for exemption under subsections (1)(a) and (3)(b) of this section, each eligible resident of a home for the aging shall submit an income verification form to the county assessor by July 1st of the assessment year for which exemption is claimed. However, during the first year a home becomes operational, the county assessor shall accept income verification forms from eligible residents up to December 31st of the assessment year. The income verification form shall be prescribed and furnished by the department of revenue. An eligible resident who has filed a form for a previous year need not file a new form until there is a change in status affecting the person’s eligibility. (7) In determining the true and fair value of a home for the aging for purposes of the partial exemption provided by subsection (3) of this section, the assessor shall apply the computation method provided by RCW 84.34.060 and shall consider only the use to which such property is applied during the years for which such partial exemptions are available and shall not consider potential uses of such property. (8) As used in this section: (a) "Eligible resident" means a person who: (i) Occupied the dwelling unit as a principal place of residence as of December 31st of the first assessment year the home becomes operational. In each subsequent year, the eligible resident must occupy the dwelling unit as a principal place of residence as of January 1st of the assessment year for which the exemption is claimed. Confinement of the person to a hospital or nursing home does not disqualify the claim of exemption if the dwelling unit is temporarily unoccupied or if the dwelling unit is occupied by a spouse or a domestic partner, a person financially dependent on the claimant for support, or both; and (ii) Is sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or is, at the time of filing, retired from regular gainful employment by reason of physical disability. Any surviving spouse or surviving domestic partner of a person who was receiving an exemption at the time of the person’s death shall qualify if the surviving spouse or surviving domestic partner is fifty-seven years of age or older and otherwise meets the requirements of this subsection; and (iii) Has a combined disposable income of no more than the greater of twenty-two thousand dollars or eighty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the person resides. For the purposes of determining eligibility under this section, a "cotenant" means a person who resides with an eligible resident and who shares personal financial resources with the eligible resident. (b) "Combined disposable income" means the disposable income of the person submitting the income verification form, plus the disposable income of his or her spouse or domestic partner, and the disposable income of each cotenant occupying the dwelling unit for the preceding calendar year, less amounts paid by the person submitting the income verification form or his or her spouse or domestic partner or cotenant during the previous year for the treatment or care of (2008 Ed.) Exemptions either person received in the dwelling unit or in a nursing home. If the person submitting the income verification form was retired for two months or more of the preceding year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person submitting the income verification form is reduced for two or more months of the preceding year by reason of the death of the person’s spouse or domestic partner, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after the death of the spouse or domestic partner by twelve. (c) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income: (i) Capital gains, other than gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence; (ii) Amounts deducted for loss; (iii) Amounts deducted for depreciation; (iv) Pension and annuity receipts; (v) Military pay and benefits other than attendant-care and medical-aid payments; (vi) Veterans benefits other than attendant-care and medical-aid payments; (vii) Federal social security act and railroad retirement benefits; (viii) Dividend receipts; and (ix) Interest received on state and municipal bonds. (d) "Resident requiring assistance with activities of daily living" means a person who requires significant assistance with the activities of daily living and who would be at risk of nursing home placement without this assistance. (e) "Home for the aging" means a residential housing facility that (i) provides a housing arrangement chosen voluntarily by the resident, the resident’s guardian or conservator, or another responsible person; (ii) has only residents who are at least sixty-one years of age or who have needs for care generally compatible with persons who are at least sixty-one years of age; and (iii) provides varying levels of care and supervision, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. (9) A for-profit home for the aging that converts to nonprofit status after June 11, 1992, and would otherwise be eligible for tax exemption under this section may not receive the tax exemption until five years have elapsed since the conversion. The exemption shall then be ratably granted over the next five years. [2008 c 6 § 707; 2001 c 187 § 14. Prior: 1999 c 358 § 16; 1999 c 356 § 1; 1998 c 311 § 20; 1997 c 3 § 124 (Referendum Bill No. 47, approved November 4, 1997); 1993 c 151 § 1; 1992 c 213 § 1; 1991 sp.s. c 24 § 1; 1991 c 203 § 2; 1989 c 379 § 2.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Application—2001 c 187: See note following RCW 84.40.020. (2008 Ed.) 84.36.043 Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW 82.04.3651. Effective date—1999 c 356: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 1999]." [1999 c 356 § 2.] Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Applicability—1993 c 151: "This act shall be effective for taxes levied in 1994 for collection in 1995 and for taxes levied thereafter." [1993 c 151 § 2.] Applicability—1992 c 213: "The combined disposable income threshold of twenty-two thousand dollars or less contained in section 1 of this act shall be effective for taxes levied for collection in 1993 and thereafter." [1992 c 213 § 3.] Severability—Effective date—1989 c 379: See notes following RCW 84.36.040. 84.36.042 Nonprofit organization, corporation, or association property used to provide housing for persons with developmental disabilities. (1) All real and personal property owned or leased by a nonprofit organization, corporation, or association to provide housing for eligible persons with developmental disabilities is exempt from property taxation. (a) To qualify for this exemption, the nonprofit organization, corporation, or association must be qualified for exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)). It must also have been organized for charitable purposes to create and preserve longterm affordable housing for low-income developmentally disabled persons. (b) The housing must be occupied by eligible persons who have a low income. (2) As used in this section: (a) "Developmental disability" means the same as defined in RCW 71A.10.020; (b) "Eligible person" means the same as defined in RCW 71A.10.020; and (c) "Low income" means the adjusted gross income of the resident is at eighty percent or less of the median income adjusted for family size, as most recently determined by the federal department of housing and urban development for the county in which the housing is located and in effect as of January 1st of the assessment year for which the exemption is sought. "Adjusted gross income" is as defined in the federal internal revenue code of 1986, as it exists on June 11, 1998, or such subsequent date as the director may provide by rule consistent with the purpose of this section. (3) To be exempt under this section, the property must be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805. (4) If the real or personal property for which exemption is sought is leased, the benefit of the exemption must inure to the nonprofit organization, corporation, or association leasing the property to provide the housing for developmentally disabled persons. [1998 c 202 § 1.] 84.36.042 84.36.043 Nonprofit organization property used in providing emergency or transitional housing to lowincome homeless persons or victims of domestic violence. (1) The real and personal property used by a nonprofit organization in providing emergency or transitional housing for 84.36.043 [Title 84 RCW—page 59] 84.36.045 Title 84 RCW: Property Taxes low-income homeless persons as defined in RCW 35.21.685 or 36.32.415 or victims of domestic violence who are homeless for personal safety reasons is exempt from taxation if: (a) The charge, if any, for the housing does not exceed the actual cost of operating and maintaining the housing; and (b)(i) The property is owned by the nonprofit organization; or (ii) The property is rented or leased by the nonprofit organization and the benefit of the exemption inures to the nonprofit organization. (2) As used in this section: (a) "Homeless" means persons, including families, who, on one particular day or night, do not have decent and safe shelter nor sufficient funds to purchase or rent a place to stay. (b) "Emergency housing" means a project that provides housing and supportive services to homeless persons or families for up to sixty days. (c) "Transitional housing" means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. (3) This exemption is subject to the administrative provisions contained in RCW 84.36.800 through 84.36.865. [1998 c 174 § 1; 1991 c 198 § 1; 1990 c 283 § 2; 1983 1st ex.s. c 55 § 12.] Effective dates—1983 1st ex.s. c 55: See note following RCW 82.08.010. 84.36.045 Nonprofit organization property available without charge for medical research or training of medical personnel. All real and personal property owned or used by any nonprofit corporation or association which is available without charge for research by, or for the training of, doctors, nurses, laboratory technicians, hospital administrators and staff or other hospital personnel, and which otherwise is used for medical research, the results of which will be available without cost to the public, shall be exempt from ad valorem taxation. If the real or personal property is leased, the benefit of the exemption shall inure to the nonprofit corporation or association. To be exempt under this section, the property must be used exclusively for the purposes for which exemption is granted, except as provided in RCW 84.36.805. [1998 c 184 § 1; 1984 c 220 § 3; 1975 1st ex.s. c 291 § 23.] 84.36.045 Application—1998 c 184: "This act applies to taxes levied for collection in 1999 and thereafter." [1998 c 184 § 3.] Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.046 Nonprofit cancer clinic or center. (1) All real or personal property owned or used by a nonprofit organization, corporation, or association in connection with a nonprofit cancer clinic or center shall be exempt from taxation if all of the following conditions are met: (a) The nonprofit cancer clinic or center must be comprised of or have been formed by an organization, corporation, or association qualified for exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)), by a municipal hospital corporation, or by both; 84.36.046 [Title 84 RCW—page 60] (b) The nonprofit organization, corporation, or association operating the nonprofit clinic or center and applying for the exemption must be qualified for exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)); and (c) The property must be used primarily in connection with the prevention, detection, and treatment of cancer, except as provided in RCW 84.36.805. (2)(a) As used in this section, "nonprofit cancer clinic or center" means a medical facility operated: (i) By a nonprofit organization, corporation, or association associated with a nonprofit hospital or group of nonprofit hospitals, by a municipal hospital corporation, or by both; and (ii) For the primary purpose of preventing and detecting cancer and treating cancer patients. (b) For the purposes of this subsection, "primary purpose" means that at least fifty-one percent of the patients who receive treatment at the clinic or center do so because they have been diagnosed as having cancer. In carrying out its primary purpose, the nonprofit cancer clinic or center provides any combination of radiation therapy, chemotherapy, and ancillary services, directly related to the prevention, detection, and treatment of cancer. These ancillary services include, but are not limited to, patient screening, case management, counseling, and access to a tumor registry. (3) The exemption also applies to administrative offices located within the nonprofit cancer clinic or center that are used exclusively in conjunction with the cancer treatment services provided by the nonprofit cancer clinic or center. (4) If the real or personal property for which exemption is sought is leased, the benefit of the exemption must inure to the nonprofit cancer clinic or center. [1997 c 143 § 1.] Applicability—1997 c 143: "This act is effective for taxes levied for collection in 1998 and thereafter." [1997 c 143 § 5.] 84.36.047 Nonprofit organization property used for transmission or reception of radio or television signals originally broadcast by governmental agencies. The following property shall be exempt from taxation: Real and personal property owned by or leased to any nonprofit corporation or association and, except as provided in RCW 84.36.805, used exclusively to rebroadcast, amplify, or otherwise facilitate the transmission and/or reception of radio and/or television signals originally broadcast by foreign or domestic governmental agencies for reception by the general public: PROVIDED, That in the event such property is leased, the benefit of the exemption shall inure to the user. [1984 c 220 § 4; 1977 ex.s. c 348 § 1.] 84.36.047 Effective date—Construction—1977 ex.s. c 348: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, shall take effect immediately and shall be effective for assessment in 1977 for taxes due and payable in 1978." [1977 ex.s. c 348 § 3.] 84.36.050 Schools and colleges. The following property is exempt from taxation: (1) Property owned or used by or for any nonprofit school or college in this state for educational purposes or cultural or art educational programs as defined in RCW 82.04.4328. Real property so exempt shall not exceed four 84.36.050 (2008 Ed.) Exemptions hundred acres including, but not limited to, buildings and grounds designed for the educational, athletic, or social programs of the institution, the housing of students, religious faculty, and the chief administrator, athletic buildings, and all other school or college facilities, the need for which would be nonexistent but for the presence of the school or college. The property must be principally designed to further the educational, athletic, or social functions of the college or school. If the property is leased, the benefit of the exemption must inure to such school or college. (2) Real or personal property owned by a not-for-profit foundation that is established for the exclusive support of an institution of higher education, as defined in RCW 28B.10.016. If the property is leased to and used by the institution for college or campus purposes, it must be principally designed to further the educational, athletic, or social functions of the institution. The exemption is only available for property actively utilized by currently enrolled students. The benefit of the exemption must inure to the college. (3) Subject to subsection (4) of this section, if the property exempt under subsection (1) or (2) of this section is used by an individual or organization not entitled to a property tax exemption, except as provided in this subsection, the exemption is nullified for the assessment year in which such use occurs. The exemption is not nullified as a result of any of the uses listed in (a) or (b) of this subsection: (a) The property is used by students, alumni, faculty, staff, or other persons or entities in a manner consistent with the educational, social, or athletic programs, including property used for related administrative and support functions, of the school or college and not for pecuniary gain or to promote business activities. Notwithstanding the foregoing, the school or college may contract with and permit the use of school or college property by persons or entities to provide school or college-related programs or services including, but not limited to, the provision of food services to students, faculty, and staff, the operation of a bookstore on campus, and the provision to the school or college of maintenance, operational, or administrative services without nullifying the exemption; or (b) The property is used for pecuniary gain or to promote business activities for not more than seven days in the calendar year, such uses to be measured separately with respect to each specific portion of such property. If exempt property is used as a sports or educational camp or program taught, operated, or conducted by a faculty member who is required or permitted to do so as part of his or her compensation package, the days when the property is so used will not be included in calculating the seven day limitation of this subsection (3)(b). (4) The amount of rent or donations, if any, received by the college or school for such uses described in subsection (3)(a) or (b) of this section, or by an organization entitled to a property tax exemption, must be reasonable and not exceed maintenance and operation expenses associated with the use by such user. (5) The exemption under this section will not be nullified by an inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment (2008 Ed.) 84.36.060 years. [2006 c 226 § 2; 2001 c 126 § 2; 1984 c 220 § 5; 1973 2nd ex.s. c 40 § 4; 1971 ex.s. c 206 § 2; 1970 ex.s. c 55 § 1; 1961 c 15 § 84.36.050. Prior: 1955 c 196 § 7; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.] Findings—Intent—2006 c 226: "The legislature finds that independent nonprofit schools, colleges, and universities are vital educational resources to the state of Washington. For the state to be competitive in a global economy, all educational resources must be competitive and provide high-quality programs and services for students. The legislature recognizes that independent nonprofit schools, colleges, and universities are important economic drivers in their communities, and encourages institutions to support local communities, to provide public benefit, and to respond to community expectations that they share facilities, offer programs, and attract students on par with Washington’s publicly owned institutions and out-of-state schools and colleges. Further, the legislature encourages innovative programs and educational opportunities, sustainable practices, and increased use of facilities so that operations of institutions can be more cost-effective. The legislature wishes to remove barriers that discourage institutions from being more collaborative, that make it more difficult to provide highquality services and necessities to their students, and that discourage appropriate and beneficial use of institutional facilities by the broader community. To this end, the legislature seeks to provide consistent, predictable, and easily administrable rules for reference by the state department of revenue and schools and colleges." [2006 c 226 § 1.] Application—2001 c 126: See note following RCW 84.36.040. Effective date—1970 ex.s. c 55: "The effective date of this 1970 amendatory act is July 1, 1970." [1970 ex.s. c 55 § 14.] 84.36.060 Art, scientific and historical collections and property used to maintain, etc., such collections— Property of associations engaged in production and performance of musical, dance, artistic, etc., works—Fire engines, implements, and buildings of cities, towns, or fire companies—Humane societies. (1) The following property shall be exempt from taxation: (a) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the benefit of the general public and not for profit, together with all real and personal property of such associations used exclusively for the safekeeping, maintaining and exhibiting of such collections; (b) All the real and personal property owned by or leased to associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public and not for profit, which real and personal property is used exclusively for this production or performance; (c) All fire engines and other implements used for the extinguishment of fire, and the buildings used exclusively for their safekeeping, and for meetings of fire companies, as long as the property belongs to any city or town or to a fire company; and (d) All property owned by humane societies in this state in actual use by the societies. (2) To receive an exemption under subsection (1)(a) or (b) of this section: 84.36.060 [Title 84 RCW—page 61] 84.36.070 Title 84 RCW: Property Taxes (a) An organization must be organized and operated exclusively for artistic, scientific, historical, literary, musical, dance, dramatic, or educational purposes and receive a substantial part of its support (exclusive of income received in the exercise or performance by such organization of its purpose or function) from the United States or any state or any political subdivision thereof or from direct or indirect contributions from the general public. (b) If the property is not currently being used for an exempt purpose but will be used for an exempt purpose within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption must submit proof that a reasonably specific and active program is being carried out to construct, remodel, or otherwise enable the property to be used for an exempt purpose. The property does not qualify for an exemption during this interim period if the property is used by, loaned to, or rented to a for-profit organization or business enterprise. Proof of a specific and active program to build or remodel the property so it may be used for an exempt purpose may include, but is not limited to: (i) Affirmative action by the board of directors, trustees, or governing body of the nonprofit organization, association, or corporation toward an active program of construction or remodeling; (ii) Itemized reasons for the proposed construction or remodeling; (iii) Clearly established plans for financing the construction or remodeling; or (iv) Building permits. (3) The use of property exempt under subsection (1)(a) or (b) of this section by entities not eligible for a property tax exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified if: (a) The property is used by entities not eligible for a property tax exemption under this chapter for periods of not more than twenty-five days in the calendar year; (b) The property is not used for pecuniary gain or to promote business activities for more than seven of the twentyfive days in the calendar year; (c) The property is used for artistic, scientific, or historic purposes, for the production and performance of musical, dance, artistic, dramatic, or literary works, or for community gatherings or assembly, or meetings; and (d) The amount of any rent or donations is reasonable and does not exceed maintenance and operation expenses created by the user. [2003 c 121 § 1; 1995 c 306 § 1; 1981 c 141 § 1; 1973 2nd ex.s. c 40 § 5; 1961 c 15 § 84.36.060. Prior: 1955 c 196 § 8; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. Formerly RCW 84.40.010.] Applicability—1995 c 306: "The [This] act is effective for taxes levied for collection in 1995 and thereafter." [1995 c 306 § 2.] [Title 84 RCW—page 62] Effective date—1995 c 306: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 9, 1995]." [1995 c 306 § 3.] Applicability, construction—1981 c 141: "This act shall apply to taxes payable in 1982 and in subsequent years and shall be strictly construed." [1981 c 141 § 6.] 84.36.070 Intangible personal property—Appraisal. (1) Intangible personal property is exempt from ad valorem taxation. (2) "Intangible personal property" means: (a) All moneys and credits including mortgages, notes, accounts, certificates of deposit, tax certificates, judgments, state, county and municipal bonds and warrants and bonds and warrants of other taxing districts, bonds of the United States and of foreign countries or political subdivisions thereof and the bonds, stocks, or shares of private corporations; (b) Private nongovernmental personal service contracts, private nongovernmental athletic or sports franchises, or private nongovernmental athletic or sports agreements provided that the contracts, franchises, or agreements do not pertain to the use or possession of tangible personal or real property or to any interest in tangible personal or real property; and (c) Other intangible personal property such as trademarks, trade names, brand names, patents, copyrights, trade secrets, franchise agreements, licenses, permits, core deposits of financial institutions, noncompete agreements, customer lists, patient lists, favorable contracts, favorable financing agreements, reputation, exceptional management, prestige, good name, or integrity of a business. (3) "Intangible personal property" does not include zoning, location, view, geographic features, easements, covenants, proximity to raw materials, condition of surrounding property, proximity to markets, the availability of a skilled workforce, and other characteristics or attributes of property. (4) This section does not preclude the use of, or permit a departure from, generally accepted appraisal practices and the appropriate application thereof in the valuation of real and tangible personal property, including the appropriate consideration of licenses, permits, and franchises granted by a government agency that affect the use of the property. [1997 c 181 § 1; 1974 ex.s. c 118 § 1; 1961 c 15 § 84.36.070. Prior: 1931 c 96 § 1; RRS § 11111-1. FORMER PART OF SECTION: 1925 ex.s. c 130 § 5, part, now codified in RCW 84.04.080.] 84.36.070 Construction—1997 c 181: "This act shall not be construed to amend or modify any existing statute or rule relating to the treatment of computer software, retained rights in computer software, and golden and master copies of computer software for property tax purposes." [1997 c 181 § 3.] Intent—No relation to other state’s law—1997 c 181: "Nothing in this act is intended to incorporate and nothing in this act is based on any other state’s statutory or case law." [1997 c 181 § 4.] Severability—1997 c 181: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 181 § 5.] Applicability—1997 c 181: "This act is effective for taxes levied for collection in 1999 and thereafter." [1997 c 181 § 6.] Report to legislature—1997 c 181: "By December 1, 2000, the department of revenue shall submit a report to the house finance committee, the senate ways and means committee, and the office of the governor on tax shifts, tax losses, and any litigation resulting from this act." [1997 c 181 § 7.] (2008 Ed.) Exemptions 84.36.079 Rights, title, interest, and materials of certain vessels under construction. All rights, title or interest in or to any vessel of more than one thousand ton burden, and the materials and parts held by the builder of the vessel at the site of construction for the specific purpose of incorporation therein, shall be exempt from taxation while the vessel is under construction within this state. [1961 c 15 § 84.36.079. Prior: 1959 c 295 § 1.] 84.36.079 84.36.080 Certain ships and vessels. (1) All ships and vessels which are exempt from excise tax under RCW 82.49.020(2) and excepted from the registration requirements of RCW 88.02.030(9) shall be and are hereby made exempt from all ad valorem taxes, except taxes levied for any state purpose. (2) All ships and vessels listed in the state or federal register of historical places are exempt from all ad valorem taxes. [2000 c 103 § 24; 1998 c 335 § 5; 1986 c 229 § 1; 1983 2nd ex.s. c 3 § 51; 1983 c 7 § 23; 1961 c 15 § 84.36.080. Prior: 1945 c 82 § 1; 1931 c 81 § 1; Rem. Supp. 1945 § 11111-2.] 84.36.080 Effective date—1998 c 335: See note following RCW 84.12.200. Application—1986 c 229: "This act shall be effective for taxes levied for collection in 1987, and thereafter." [1986 c 229 § 4.] Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. Construction—Severability—Effective dates—1983 c 7: See notes following RCW 82.08.020. Listing of taxable ships and vessels with department of revenue: RCW 84.40.065. Valuation of vessels—Apportionment: RCW 84.40.036. 84.36.090 Exemption for other ships and vessels. All ships and vessels, other than those partially exempt under RCW 84.36.080 and those described in RCW 84.36.079, are exempt from all ad valorem taxes. [1983 c 7 § 24; 1961 c 15 § 84.36.090. Prior: 1959 c 295 § 2; 1945 c 82 § 2; 1931 c 81 § 2; Rem. Supp. 1945 § 11111-3.] 84.36.090 Construction—Severability—Effective dates—1983 c 7: See notes following RCW 82.08.020. 84.36.100 Size of vessel immaterial. RCW 84.36.080 and 84.36.090 shall apply to all ships, vessels and boats, irrespective of size, and to the taxes thereon becoming due and payable. [1961 c 15 § 84.36.100. Prior: 1945 c 82 § 3; 1931 c 81 § 3; Rem. Supp. 1945 § 11111-4.] 84.36.100 84.36.105 Cargo containers used in ocean commerce. All cargo containers principally used for the transportation of cargo by vessels in ocean commerce shall be exempt from taxation. The term "cargo container" means a receptacle: (1) Of a permanent character and accordingly strong enough to be suitable for repeated use; (2) Specially designed to facilitate the carriage of goods, by one or more modes of transport, one of which shall be by vessels, without intermediate reloading; (3) Fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another; and (4) Designed to be easy to fill and empty. [1975 1st ex.s. c 20 § 1.] 84.36.105 (2008 Ed.) 84.36.120 84.36.110 Household goods and personal effects— Fifteen thousand dollars actual value to head of family. The following property shall be exempt from taxation: (1) All household goods and furnishings in actual use by the owner thereof in equipping and outfitting his or her residence or place of abode and not for sale or commercial use, and all personal effects held by any person for his or her exclusive use and benefit and not for sale or commercial use. (2) The personal property, other than specified in subsection (1) of this section, of each head of a family liable to assessment and taxation of which the individual is the actual and bona fide owner to an amount of fifteen thousand dollars of true and fair value. This exemption shall not apply to any private motor vehicle or mobile home. If the county assessor is satisfied that all of the personal property of any person is exempt from taxation under the provisions of this statute or any other statute providing exemptions for personal property, no listing of such property shall be required. However, if the personal property described in this subsection exceeds in value the amount allowed as exempt, then a complete list of said personal property shall be made as provided by law, and the county assessor shall deduct the amount of the exemption authorized by this subsection from the total amount of the assessment and impose taxes on the remainder. [2006 c 281 § 2; 1988 c 10 § 1; 1971 ex.s. c 299 § 71; 1961 c 15 § 84.36.110. Prior: 1935 c 27 § 1; RRS § 11111-7.] 84.36.110 Contingent effective date—2006 c 281: "This act takes effect January 1, 2007, if the proposed amendment to Article VII, section 1 of the state Constitution authorizing an increased personal exemption for the head of a family is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety." [2006 c 281 § 3.] Finding—Intent—2006 c 281: "The legislature finds that it is in the public interest of the people of the state of Washington to ease the burden of property taxes paid by the head of a family. To achieve this purpose, this act increases the amount of personal property exemption for the head of a family from three thousand dollars to fifteen thousand dollars. The last time this exemption was increased was 1988. It is the clear and unambiguous intent of the legislature that the property described within this measure shall be exempt for [from] taxation, as authorized by Article VII, section 1 of the state Constitution." [2006 c 281 § 1.] Contingent effective date—1988 c 10: "This act shall take effect January 1, 1989, for taxes levied for collection in 1990 and thereafter, if the proposed amendment to Article VII, section 1 of the state Constitution authorizing an increased personal exemption for the head of a family (HJR 4222) is validly submitted to and is approved and ratified by the voters at a general election held in November 1988. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety." [1988 c 10 § 2.] The proposed constitutional amendment was approved by the voters on November 8, 1988. Effective date—1971 ex.s. c 299: See RCW 82.50.901(3). Severability—1971 ex.s. c 299: See note following RCW 82.04.050. 84.36.120 Household goods and personal effects— Definitions. For the purposes of RCW 84.36.110 "head of a family" shall be construed to include a surviving spouse or surviving domestic partner who has neither remarried nor entered into a subsequent domestic partnership, any person receiving an old age pension under the laws of this state and any citizen of the United States, over the age of sixty-five years, who has resided in the state of Washington continuously for ten years. "Personal effects" shall be construed to mean and include such tangible property as usually and ordinarily 84.36.120 [Title 84 RCW—page 63] 84.36.130 Title 84 RCW: Property Taxes attends the person such as wearing apparel, jewelry, toilet articles and the like. "Private motor vehicle" shall be construed to mean and include all motor vehicles used for the convenience or pleasure of the owner and carrying a licensing classification other than motor vehicle for hire, auto stage, auto stage trailer, motor truck, motor truck trailer or dealers’ licenses. "Mobile home" shall be construed to mean and include all trailers of the type designed as facilities for human habitation and which are capable of being moved upon the public streets and highways and which are more than thirty-five feet in length or more than eight feet in width. [2008 c 6 § 708; 1973 1st ex.s. c 154 § 120; 1971 ex.s. c 299 § 72; 1961 c 15 § 84.36.120. Prior: 1935 c 27 § 2; RRS § 11111-8.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. Effective date—1971 ex.s. c 299: See RCW 82.50.901(3). Severability—1971 ex.s. c 299: See note following RCW 82.04.050. 84.36.130 Airport property in this state for smaller airports belonging to municipalities of adjoining states. All property, whether real or personal, belonging exclusively to any municipal corporation in an adjoining state legally empowered by the laws of such adjoining state to acquire and hold property within this state, and which property is used primarily for airport purposes and other facilities for landing, terminals, housing, repair and care of dirigibles, airplanes and seaplanes for the aerial transportation of persons, property or mail, or in the armed forces of the United States, and upon which property there is expended funds by the federal, county or state agencies, or upon which funds are allocated by the federal government agencies on national defense projects, is hereby exempted from ad valorem taxation. The exemption in this section applies only to airports five hundred acres or less in size. [1998 c 201 § 1; 1961 c 15 § 84.36.130. Prior: 1941 c 13 § 1; Rem. Supp. 1941 § 11111-10.] 84.36.130 84.36.135 Real and personal property of housing finance commission. The real and personal property of the state housing finance commission established by chapter 43.180 RCW are exempt from taxation. [1983 c 161 § 26.] 84.36.135 Severability—Effective dates—1983 c 161: See RCW 43.180.903 and 43.180.904. 84.36.210 Public right-of-way easements. Whenever the state, or any city, town, county or other municipal corporation has obtained a written easement for a right-of-way over and across any private property and the written instrument has been placed of record in the county auditor’s office of the county in which the property is located, the easement rights shall be exempt from taxation and exempt from general tax foreclosure and sale for delinquent property taxes of the property over and across which the easement exists; and all property tax records of the county and tax statements relating to the servient property shall show the existence of such easement and that it is exempt from the tax; and any notice of sale and tax deed relating to the servient property shall show that such easement exists and is excepted from the sale of the ser84.36.210 [Title 84 RCW—page 64] vient property. [1961 c 15 § 84.36.210. Prior: 1947 c 150 § 1; Rem. Supp. 1947 § 11188-1.] 84.36.230 Interstate bridges—Reciprocity. Any bridge, including its approaches, over rivers or bodies of water forming interstate boundaries, which bridge has been constructed or acquired and is being operated by any foreign state bordering upon such common interstate boundary, or which has been constructed or acquired and is being operated by any county, city or other municipality of such foreign state, shall be exempt from all property and other taxes in the state of Washington, if the foreign state exempts from all taxation any bridge or bridges constructed or acquired and being operated by the state of Washington or any county, city or other municipality thereof. [1961 c 15 § 84.36.230. Prior: 1949 c 224 § 1; Rem. Supp. 1949 § 11111-12.] 84.36.230 84.36.240 Soil and water conservation districts, personal property. All personal property belonging solely to soil and water conservation districts shall be exempt from taxation: PROVIDED, That the exemption contained herein shall not apply to property of any such district which engages in contract work for persons or firms not landowners or cooperators of a district. [1963 c 179 § 1.] 84.36.240 84.36.250 Water distribution property owned by nonprofit corporation or cooperative association. The following property shall be exempt from taxation: All property, whether real or personal belonging to any nonprofit corporation or cooperative association and used exclusively for the distribution of water to its shareholders or members. [1965 ex.s. c 173 § 31.] 84.36.250 Effective date—1965 ex.s. c 173: See note following RCW 82.04.050. Severability—1965 ex.s. c 173: See note following RCW 82.98.030. 84.36.255 Improvements to benefit fish and wildlife habitat, water quality, and water quantity—Cooperative assistance to landowners—Certification of best management practice—Limitation—Landowner claim and certification. (1) All improvements to real and personal property that benefit fish and wildlife habitat, water quality, or water quantity are exempt from taxation if the improvements are included under a written conservation plan approved by a conservation district. The conservation districts shall cooperate with the federal natural resource conservation service, other conservation districts, the department of ecology, the department of fish and wildlife, and nonprofit organizations to assist landowners by working with them to obtain approved conservation plans so as to qualify for the exemption provided for in this section. As provided in subsection (3) of this section and RCW 89.08.440(2), a conservation district shall certify that the best management practice benefits fish and wildlife habitat, water quality, or water quantity. A habitat conservation plan under the terms of the federal endangered species act shall not be considered a conservation plan for purposes of this exemption. (2) The exemption shall remain in effect only if improvements identified in the written best management practices agreement are maintained as originally approved or amended. Improvements made as a requirement to mitigate 84.36.255 (2008 Ed.) Exemptions for impacts to fish and wildlife habitat, water quality, or water quantity are not eligible for exemption under this section. (3) A claim for exemption under this section may be filed annually with the county assessor at any time during the year for exemption from taxes levied for collection in the following year when submitted on forms prescribed by the department of revenue developed in consultation with the conservation district. The landowner shall certify each year that the improvements for which exemption is sought are maintained as originally approved or amended in the written conservation plan. The claim must contain the certification by the conservation district that the improvements for which exemption is sought were included under a written conservation plan approved by the conservation district including best management practices that benefit fish and wildlife habitat, water quality, or water quantity. [1997 c 295 § 2.] Application—1997 c 295 § 2: "Section 2 of this act applies to taxes levied for collection in 1998 and thereafter." [1997 c 295 § 4.] Purpose—1997 c 295: "The purpose of this act is to improve fish and wildlife habitat, water quality, and water quantity for the benefit of the public at large. Private property owners should be encouraged to make voluntary improvements to their property as recommended by governmental agencies without the penalty of paying higher property taxes as a result of those improvements." [1997 c 295 § 1.] 84.36.260 Property, interests, etc., used for conservation of ecological systems, natural resources, or open space—Conservation or scientific research organizations. All real property interests, including fee simple or any lesser interest, development rights, easements, covenants and conservation futures, as that latter term is defined in RCW 84.34.220 as now or hereafter amended, used exclusively for the conservation of ecological systems, natural resources, or open space, including park lands, held by any nonprofit corporation or association the primary purpose of which is the conducting or facilitating of scientific research or the conserving of natural resources or open space for the general public, shall be exempt from ad valorem taxation if either of the following conditions are met: (1) To the extent feasible considering the nature of the property interest involved, such property interests shall be used and effectively dedicated primarily for the purpose of providing scientific research or educational opportunities for the general public or the preservation of native plants or animals, or biotic communities, or works of ancient man or geological or geographical formations, of distinct scientific and educational interest, and not for the pecuniary benefit of any person or company, as defined in RCW 82.04.030, and shall be open to the general public for educational and scientific research purposes subject to reasonable restrictions designed for its protection; or (2) Such property interests shall be subject to an option, accepted in writing by the state, a city or a county, or department of the United States government, for the purchase thereof by the state, a city or a county, or the United States, at a price not exceeding the lesser of the following amounts: (a) The sum of the original purchase cost to such nonprofit corporation or association plus interest from the date of acquisition by such corporation or association at the rate of six percent per annum compounded annually to the date of the exercise of the option; or (b) the appraised value of the property at 84.36.260 (2008 Ed.) 84.36.300 the time of the granting of the option, as determined by the department of revenue or when the option is held by the United States, or by an appropriate agency thereof. [1979 ex.s. c 193 § 1; 1975-’76 2nd ex.s. c 22 § 3; 1973 c 112 § 1; 1967 ex.s. c 149 § 43.] Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.36.262 Cessation of use giving rise to exemption. Upon cessation of the use which has given rise to an exemption hereunder, the county treasurer shall collect all taxes which would have been paid had the property not been exempt during the ten years preceding, or the life of such exemption if such be less, together with interest at the same rate and computed in the same way as that upon delinquent property taxes. [1973 c 112 § 2.] 84.36.262 Additional tax payable at time of sale—Appeal of assessed values: RCW 84.36.812. 84.36.264 Application for exemption under RCW 84.36.260, conservation of ecological systems. Owners of property desiring tax exempt status pursuant to the provisions of RCW 84.36.260 shall make an application for the exemption with the department. If such property qualifies pursuant to RCW 84.36.260(2), a copy of the option shall also be submitted to the department. Such option shall clearly state the purchase price pursuant to the option or the appraisal value as determined by the department of revenue. [1994 c 124 § 17; 1973 c 112 § 3.] 84.36.264 84.36.300 Stocks of merchandise, goods, wares or material—Aircraft parts, etc.—When eligible for exemption. There shall be exempt from taxation a portion of each separately assessed stock of merchandise, as that word is defined in this section, owned or held by any taxpayer on the first day of January of any year computed by first multiplying the total amount of that stock of such merchandise, as determined in accordance with RCW 84.40.020, by a percentage determined by dividing the amount of such merchandise brought into this state by the taxpayer during the preceding year for that stock by the total additions to that stock by the taxpayer during that year, and then multiplying the result of the latter computation by a percentage determined by dividing the total out-of-state shipments of such merchandise by the taxpayer during the preceding year from that stock (and regardless of whether or not any such shipments involved a sale of, or a transfer of title to, the merchandise within this state) by the total shipments of such merchandise by the taxpayer during the preceding year from that stock. As used in this section, the word "merchandise" means goods, wares, merchandise or material which were not manufactured in this state by the taxpayer and which were acquired by him (in any other manner whatsoever, including manufacture by him outside of this state) for the purpose of sale or shipment in substantially the same form in which they were acquired by him within this state or were brought into this state by him. Breaking of packages or of bulk shipments, packaging, repackaging, labeling or relabeling shall not be considered as a change in form within the meaning of this section. A taxpayer who has made no shipments of merchandise, either out-of-state or 84.36.300 [Title 84 RCW—page 65] 84.36.301 Title 84 RCW: Property Taxes in-state, during the preceding year, may compute the percentage to be applied to the stock of merchandise on the basis of his experience from March 1 of the preceding year to the last day of February of the current year, in lieu of computing the percentage on the basis of his experience during the preceding year. The rule of strict construction shall not apply to this section. All rights, title or interest in or to any aircraft parts, equipment, furnishings, or accessories (but not engines or major structural components) which are manufactured outside of the state of Washington and are owned by purchasers of the aircraft constructed, under construction or to be constructed in the state of Washington, and are shipped into the state of Washington for installation in or use in connection with the operation of such aircraft shall be exempt from taxation prior to and during construction of such aircraft and while held in this state for periods preliminary to and during the transportation of such aircraft from the state of Washington. [1973 c 149 § 2; 1969 ex.s. c 124 § 1.] Effective date—Savings—1969 ex.s. c 124: "This 1969 act shall be effective as of January 1, 1969: PROVIDED, HOWEVER, That the repeals contained in this act shall not be construed as affecting any existing right acquired or any liability or obligation incurred under the provision of the statutes repealed." [1969 ex.s. c 124 § 7.] 84.36.301 Legislative finding and declaration for RCW 84.36.300. The legislature hereby finds and declares that to promote the policy of a free and uninhibited flow of commerce as established by federal constitutional and legislative dictate, it is desirable to exempt from property taxation, according to the provisions of RCW 84.36.300, certain parts and equipment coming into the state of Washington to be placed in vehicles which are then transferred to the possession of out-of-state owners. The legislature further recognizes that the temporary existence of these parts and equipment within the state justifies a tax exempt status which serves to encourage the manufacture and assemblage of vehicles within the state thereby promoting increased economic activity and jobs for our residents. [1973 c 149 § 1.] 84.36.301 claim. The owner, his agent, or other person having custody of the inventory referred to herein shall retain within this state, for a period of at least two years from the date of the claim, the records referred to above. If adequate records are not made available to the assessor within the county where the claim is made, then the exemption shall be denied. [1969 ex.s. c 124 § 3.] Effective date—Savings—1969 ex.s. c 124: See note following RCW 84.36.300. 84.36.350 Property owned or used for sheltered workshops for handicapped. (1) The following property shall be exempt from taxation: (a) Real or personal property owned and used by a nonprofit corporation in connection with the operation of a sheltered workshop for handicapped persons, and used primarily in connection with the manufacturing and the handling, sale or distribution of goods constructed, processed, or repaired in such workshops or centers; and (b) Inventory owned by a sheltered workshop for sale or lease by the sheltered workshop or to be furnished under a contract of service, including raw materials, work in process, and finished products. (2) Unless a different meaning is plainly required by the context, "sheltered workshop" means a rehabilitation facility, or that part of a rehabilitation facility operated by a nonprofit corporation, where any manufacture or handiwork is carried on and operated for the primary purpose of: (a) Providing gainful employment or rehabilitation services to the handicapped as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or (b) providing evaluation and work adjustment services for handicapped individuals. [1999 c 358 § 17; 1975 1st ex.s. c 3 § 1; 1970 ex.s. c 81 § 1.] 84.36.350 Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW 82.04.3651. 84.36.379 Residences—Property tax exemption— Findings. The legislature finds that the property tax exemption authorized by Article VII, section 10 of the state Constitution should be made available on the basis of a retired person’s ability to pay property taxes and that the best measure of a retired person’s ability to pay taxes is that person’s disposable income as defined in RCW 84.36.383. The legislature further finds that veterans with one hundred percent service-connected disabilities have given so much to our country that they deserve property tax relief. [2005 c 248 § 1; 2000 c 103 § 25; 1980 c 185 § 3.] 84.36.379 84.36.310 Requirements for exemption under RCW 84.36.300. Any person claiming the exemption provided for in RCW 84.36.300 shall file such claim with his or her listing of personal property as provided by RCW 84.40.040. The claim shall be in the form prescribed by the department of revenue, and shall require such information as the department deems necessary to substantiate the claim. [2003 c 302 § 6; 1969 ex.s. c 124 § 2.] 84.36.310 Effective date—Savings—1969 ex.s. c 124: See note following RCW 84.36.300. 84.36.320 Inspection of books and records for exemption under RCW 84.36.300. An owner or agent filing a claim under RCW 84.36.310 shall consent to the inspection of the books and records upon which the claim has been based, such inspection to be similar in manner to that provided by RCW 84.40.340, or if the owner or agent does not maintain records within this state, the consent shall apply to the records of a warehouse, person or agent having custody of the inventory to which the claim applies. Consent to the inspection of the records shall be executed as a part of the 84.36.320 [Title 84 RCW—page 66] Application—2005 c 248: See note following RCW 84.36.381. Applicability—1980 c 185: "Except for the amendment to RCW 84.36.381(2) by this 1980 act, sections 3 through 5 of this 1980 act are effective for property taxes due in 1982 and thereafter." [1980 c 185 § 7.] 84.36.381 Residences—Property tax exemptions— Qualifications. A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following: 84.36.381 (2008 Ed.) Exemptions (1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital, nursing home, boarding home, or adult family home shall not disqualify the claim of exemption if: (a) The residence is temporarily unoccupied; (b) The residence is occupied by a spouse or a domestic partner and/or a person financially dependent on the claimant for support; or (c) The residence is rented for the purpose of paying nursing home, hospital, boarding home, or adult family home costs; (2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or state registered domestic partnership or owned by cotenants shall be deemed to be owned by each spouse or each domestic partner or each cotenant, and any lease for life shall be deemed a life estate; (3) The person claiming the exemption must be (a) sixtyone years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of disability, or (b) a veteran of the armed forces of the United States with one hundred percent service-connected disability as provided in 42 U.S.C. Sec. 423 (d)(1)(A) as amended prior to January 1, 2005. However, any surviving spouse or surviving domestic partner of a person who was receiving an exemption at the time of the person’s death shall qualify if the surviving spouse or surviving domestic partner is fifty-seven years of age or older and otherwise meets the requirements of this section; (4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the assessment year by reason of the death of the person’s spouse or the person’s domestic partner, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation (2008 Ed.) 84.36.381 of such income prior to May 31 of the year following application; (5)(a) A person who otherwise qualifies under this section and has a combined disposable income of thirty-five thousand dollars or less shall be exempt from all excess property taxes; and (b)(i) A person who otherwise qualifies under this section and has a combined disposable income of thirty thousand dollars or less but greater than twenty-five thousand dollars shall be exempt from all regular property taxes on the greater of fifty thousand dollars or thirty-five percent of the valuation of his or her residence, but not to exceed seventy thousand dollars of the valuation of his or her residence; or (ii) A person who otherwise qualifies under this section and has a combined disposable income of twenty-five thousand dollars or less shall be exempt from all regular property taxes on the greater of sixty thousand dollars or sixty percent of the valuation of his or her residence; (6) For a person who otherwise qualifies under this section and has a combined disposable income of thirty-five thousand dollars or less, the valuation of the residence shall be the assessed value of the residence on the later of January 1, 1995, or January 1st of the assessment year the person first qualifies under this section. If the person subsequently fails to qualify under this section only for one year because of high income, this same valuation shall be used upon requalification. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification shall be the assessed value on January 1st of the assessment year in which the person requalifies. If the person transfers the exemption under this section to a different residence, the valuation of the different residence shall be the assessed value of the different residence on January 1st of the assessment year in which the person transfers the exemption. In no event may the valuation under this subsection be greater than the true and fair value of the residence on January 1st of the assessment year. This subsection does not apply to subsequent improvements to the property in the year in which the improvements are made. Subsequent improvements to the property shall be added to the value otherwise determined under this subsection at their true and fair value in the year in which they are made. [2008 c 6 § 706; 2005 c 248 § 2; 2004 c 270 § 1; 1998 c 333 § 1; 1996 c 146 § 1; 1995 1st sp.s. c 8 § 1; 1994 sp.s. c 8 § 1; 1993 c 178 § 1; 1992 c 187 § 1. Prior: 1991 c 213 § 3; 1991 c 203 § 1; 1987 c 301 § 1; 1983 1st ex.s. c 11 § 5; 1983 1st ex.s. c 11 § 2; 1980 c 185 § 4; 1979 ex.s. c 214 § 1; 1977 ex.s. c 268 § 1; 1975 1st ex.s. c 291 § 14; 1974 ex.s. c 182 § 1.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Application—2005 c 248: "This act applies to taxes levied for collection in 2006 and thereafter." [2005 c 248 § 3.] Application—1998 c 333: "This act applies to taxes levied for collection in 1999 and thereafter." [1998 c 333 § 4.] Effective date—1996 c 146: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 25, 1996]." [1996 c 146 § 2.] Effective date of 1994 sp.s. c 8—Applicability—1995 1st sp.s. c 8: "Chapter 8, Laws of 1994 sp. sess. shall take effect July 1, 1995, and shall be [Title 84 RCW—page 67] 84.36.383 Title 84 RCW: Property Taxes effective for taxes levied in 1995 for collection in 1996 and thereafter." [1995 1st sp.s. c 8 § 6.] Application—1995 1st sp.s. c 8: "This act shall apply to taxes levied in 1995 for collection in 1996 and thereafter." [1995 1st sp.s. c 8 § 7.] Severability—1995 1st sp.s. c 8: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 1st sp.s. c 8 § 8.] Effective date—1995 1st sp.s. c 8: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 1st sp.s. c 8 § 9.] Applicability—1993 c 178: "This act shall be effective for taxes levied for collection in 1993 and thereafter." [1993 c 178 § 2.] Effective date—1993 c 178: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 30, 1993]." [1993 c 178 § 3.] Applicability—1992 c 187: "Section 1 of this act shall be effective for taxes levied for collection in 1992 and thereafter." [1992 c 187 § 2.] Applicability—1991 c 213: See note following RCW 84.38.020. Applicability—1991 c 203: "Section 1 of this act shall be effective for taxes levied for collection in 1992 and thereafter." [1991 c 203 § 5.] Applicability—1987 c 301: "This act shall be effective for taxes levied for collection in 1989 and thereafter." [1987 c 301 § 2.] Intent—1983 1st ex.s. c 11: "The legislature finds that inflation has significant detrimental effects on the senior citizen property tax relief program. Inflation increases incomes without increasing real buying power. Inflation also raises the values of homes, and thus the taxes on those homes. This act addresses the problem of inflation in two ways. First, the assessed value exemption is tied to home value so it will increase as values rise. Secondly, though the income of most senior citizens does not keep pace with inflation, it is the legislature’s intent that inflationary increases in incomes will not result in program disqualification. Therefore, the income levels are adjusted to reflect the forecasted increase in inflation. The legislature also recommends that similar adjustments be examined by future legislatures." [1983 1st ex.s. c 11 § 1.] Applicability—1983 1st ex.s. c 11: "This act applies to taxes first due in 1984 and thereafter." [1983 1st ex.s. c 11 § 7.] Effective dates—1983 1st ex.s. c 11: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1983], except sections 5 and 6 of this act shall take effect January 1, 1984." [1983 1st ex.s. c 11 § 8.] Applicability—1980 c 185: See note following RCW 84.36.379. Applicability—1979 ex.s. c 214: "The exemption created by sections 1 through 4 of this act shall be effective starting with property taxes levied in calendar year 1979 for collection in calendar year 1980. The former exemption created by the law amended shall continue to be effective with respect to property taxes levied in calendar year 1978 for collection in calendar year 1979." [1979 ex.s. c 214 § 10.] Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. Severability—1974 ex.s. c 182: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 182 § 8.] 84.36.383 Residences—Definitions. As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning: (1) The term "residence" means a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre, except that a residence includes any additional property up to a total of five acres that comprises the residential parcel if this larger parcel size is required under land use regulations. The term shall also include a 84.36.383 [Title 84 RCW—page 68] share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080 and 84.04.090, such a residence shall be deemed real property. (2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities. A mobile home located on land leased by the owner of the mobile home is subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040. (3) "Department" means the state department of revenue. (4) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse or domestic partner, and the disposable income of each cotenant occupying the residence for the assessment year, less amounts paid by the person claiming the exemption or his or her spouse or domestic partner during the assessment year for: (a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; (b) The treatment or care of either person received in the home or in a nursing home, boarding home, or adult family home; and (c) Health care insurance premiums for medicare under Title XVIII of the social security act. (5) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income: (a) Capital gains, other than gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence; (b) Amounts deducted for loss; (c) Amounts deducted for depreciation; (d) Pension and annuity receipts; (e) Military pay and benefits other than attendant-care and medical-aid payments; (f) Veterans benefits, other than: (i) Attendant-care payments; (ii) Medical-aid payments; (iii) Disability compensation, as defined in Title 38, part 3, section 3.4 of the code of federal regulations, as of January 1, 2008; and (iv) Dependency and indemnity compensation, as defined in Title 38, part 3, section 3.5 of the code of federal regulations, as of January 1, 2008; (2008 Ed.) Exemptions (g) Federal social security act and railroad retirement benefits; (h) Dividend receipts; and (i) Interest received on state and municipal bonds. (6) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence. (7) "Disability" has the same meaning as provided in 42 U.S.C. Sec. 423(d)(1)(A) as amended prior to January 1, 2004, or such subsequent date as the director may provide by rule consistent with the purpose of this section. [2008 c 182 § 1; 2008 c 6 § 709; 2006 c 62 § 1; 2004 c 270 § 2; 1999 c 358 § 18; 1995 1st sp.s. c 8 § 2; 1994 sp.s. c 8 § 2; 1991 c 213 § 4; 1991 c 219 § 1; 1989 c 379 § 6; 1987 c 155 § 2; 1985 c 395 § 3; 1983 1st ex.s. c 11 § 4; 1980 c 185 § 5; 1979 ex.s. c 214 § 2; 1975 1st ex.s. c 291 § 15; 1974 ex.s. c 182 § 2.] Reviser’s note: This section was amended by 2008 c 6 § 709 and by 2008 c 182 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Application—2008 c 182: "This act applies to taxes levied for collection in 2009 and thereafter." [2008 c 182 § 2.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. Application—2006 c 62: "This act applies to taxes levied for collection in 2007 and thereafter." [2006 c 62 § 4.] Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW 82.04.3651. Effective date of 1994 sp.s. c 8—Applicability—1995 1st sp.s. c 8: See note following RCW 84.36.381. Application—Severability—Effective date—1995 1st sp.s. c 8: See notes following RCW 84.36.381. Applicability—1991 c 219: "This act is effective for taxes levied for collection in 1992 and thereafter." [1991 c 219 § 2.] Applicability—1991 c 213: See note following RCW 84.38.020. Severability—Effective date—1989 c 379: See notes following RCW 84.36.040. Intent—Applicability—Effective dates—1983 1st ex.s. c 11:See notes following RCW 84.36.381. Applicability—1980 c 185: See note following RCW 84.36.379. Applicability—1979 ex.s. c 214: See note following RCW 84.36.381. Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.387 status affecting the person’s entitlement to the exemption on forms prescribed and furnished by the department of revenue. (3) Each person exempt from taxes under RCW 84.36.381 in 1993 and thereafter, shall file with the county assessor a renewal application not later than December 31 of the year the assessor notifies such person of the requirement to file the renewal application. (4) Beginning in 1992 and in each of the three succeeding years, the county assessor shall notify approximately onefourth of those persons exempt from taxes under RCW 84.36.381 in the current year who have not filed a renewal application within the previous four years, of the requirement to file a renewal application. (5) If the assessor finds that the applicant does not meet the qualifications as set forth in RCW 84.36.381, as now or hereafter amended, the claim or exemption shall be denied but such denial shall be subject to appeal under the provisions of RCW 84.48.010(5) and in accordance with the provisions of RCW 84.40.038. If the applicant had received exemption in prior years based on erroneous information, the taxes shall be collected subject to penalties as provided in RCW 84.40.130 for a period of not to exceed three years. (6) The department and each local assessor is hereby directed to publicize the qualifications and manner of making claims under RCW 84.36.381 through 84.36.389, through communications media, including such paid advertisements or notices as it deems appropriate. Notice of the qualifications, method of making applications, the penalties for not reporting a change in status, and availability of further information shall be included on or with property tax statements and revaluation notices for all residential property including mobile homes, except rental properties. [2001 c 185 § 8; 1992 c 206 § 13; 1988 c 222 § 10; 1983 1st ex.s. c 11 § 6; 1983 1st ex.s. c 11 § 3; 1979 ex.s. c 214 § 3; 1977 ex.s. c 268 § 2; 1974 ex.s. c 182 § 3.] Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. Effective date—1992 c 206: See note following RCW 82.04.170. Intent—Applicability—Effective dates—1983 1st ex.s. c 11: See notes following RCW 84.36.381. Applicability—1979 ex.s. c 214: See note following RCW 84.36.381. 84.36.387 Residences—Claimants—Penalty for falsification—Reduction by remainderman. (1) All claims for exemption shall be made and signed by the person entitled to the exemption, by his or her attorney-in-fact or in the event the residence of such person is under mortgage or purchase contract requiring accumulation of reserves out of which the holder of the mortgage or contract is required to pay real estate taxes, by such holder or by the owner, either before two witnesses or the county assessor or his or her deputy in the county where the real property is located: PROVIDED, That if a claim for exemption is made by a person living in a cooperative housing association, corporation, or partnership, such claim shall be made and signed by the person entitled to the exemption and by the authorized agent of such cooperative. (2) If the taxpayer is unable to submit his or her own claim, the claim shall be submitted by a duly authorized agent or by a guardian or other person charged with the care of the person or property of such taxpayer. 84.36.387 84.36.385 Residences—Claim for exemption— Forms—Change of status—Publication and notice of qualifications and manner of making claims. (1) A claim for exemption under RCW 84.36.381 as now or hereafter amended, shall be made and filed at any time during the year for exemption from taxes payable the following year and thereafter and solely upon forms as prescribed and furnished by the department of revenue. However, an exemption from tax under RCW 84.36.381 shall continue for no more than four years unless a renewal application is filed as provided in subsection (3) of this section. The county assessor may also require, by written notice, a renewal application following an amendment of the income requirements set forth in RCW 84.36.381. Renewal applications shall be on forms prescribed and furnished by the department of revenue. (2) A person granted an exemption under RCW 84.36.381 shall inform the county assessor of any change in 84.36.385 (2008 Ed.) [Title 84 RCW—page 69] 84.36.389 Title 84 RCW: Property Taxes (3) All claims for exemption and renewal applications shall be accompanied by such documented verification of income as shall be prescribed by rule adopted by the department of revenue. (4) Any person signing a false claim with the intent to defraud or evade the payment of any tax is guilty of perjury under chapter 9A.72 RCW. (5) The tax liability of a cooperative housing association, corporation, or partnership shall be reduced by the amount of tax exemption to which a claimant residing therein is entitled and such cooperative shall reduce any amount owed by the claimant to the cooperative by such exact amount of tax exemption or, if no amount be owed, the cooperative shall make payment to the claimant of such exact amount of exemption. (6) A remainderman or other person who would have otherwise paid the tax on real property that is the subject of an exemption granted under RCW 84.36.381 for an estate for life shall reduce the amount which would have been payable by the life tenant to the remainderman or other person to the extent of the exemption. If no amount is owed or separately stated as an obligation between these persons, the remainderman or other person shall make payment to the life tenant in the exact amount of the exemption. [2003 c 53 § 408; 1992 c 206 § 14; 1980 c 185 § 6; 1975 1st ex.s. c 291 § 16; 1974 ex.s. c 182 § 4.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—1992 c 206: See note following RCW 82.04.170. Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.389 Residences—Rules and regulations— Audits—Confidentiality—Criminal penalty. (1) The director of the department of revenue shall adopt such rules and regulations and prescribe such forms as may be necessary and appropriate for implementation and administration of this chapter subject to chapter 34.05 RCW, the administrative procedure act. (2) The department may conduct such audits of the administration of RCW 84.36.381 through 84.36.389 and the claims for exemption filed thereunder as it considers necessary. The powers of the department under chapter 84.08 RCW apply to these audits. (3) Any information or facts concerning confidential income data obtained by the assessor or the department, or their agents or employees, under subsection (2) of this section shall be used only to administer RCW 84.36.381 through 84.36.389. Notwithstanding any provision of law to the contrary, absent written consent by the person about whom the information or facts have been obtained, the confidential income data shall not be disclosed by the assessor or the assessor’s agents or employees to anyone other than the department or the department’s agents or employees nor by the department or the department’s agents or employees to anyone other than the assessor or the assessor’s agents or employees except in a judicial proceeding pertaining to the taxpayer’s entitlement to the tax exemption under RCW 84.36.381 through 84.36.389. Any violation of this subsection is a misdemeanor. [1979 ex.s. c 214 § 4; 1974 ex.s. c 182 § 5.] 84.36.389 [Title 84 RCW—page 70] Applicability—1979 ex.s. c 214: See note following RCW 84.36.381. 84.36.400 Improvements to single family dwellings. Any physical improvement to single family dwellings upon real property shall be exempt from taxation for the three assessment years subsequent to the completion of the improvement to the extent that the improvement represents thirty percent or less of the value of the original structure. A taxpayer desiring to obtain the exemption granted by this section must file notice of his intention to construct the improvement prior to the improvement being made on forms prescribed by the department of revenue and furnished to the taxpayer by the county assessor: PROVIDED, That this exemption cannot be claimed more than once in a five-year period. The department of revenue shall promulgate such rules and regulations as are necessary and convenient to properly administer the provisions of this section. [1972 ex.s. c 125 § 3.] 84.36.400 Severability—1972 ex.s. c 125: See note following RCW 84.40.045. 84.36.451 Right to occupy or use certain public property, including leasehold interests. (1) The following property shall be exempt from taxation: Any and all rights to occupy or use any real or personal property owned in fee or held in trust by: (a) The United States, the state of Washington, or any political subdivision or municipal corporation of the state of Washington; or (b) A public corporation, commission, or authority created under RCW 35.21.730 or 35.21.660 if the property is listed on or is within a district listed on any federal or state register of historical sites; and (c) Including any leasehold interest arising from the property identified in (a) and (b) of this subsection as defined in RCW 82.29A.020. (2) The exemption under this section shall not apply to: (a) Any such leasehold interests which are a part of operating properties of public utilities subject to assessment under chapter 84.12 RCW; or (b) Any such leasehold interest consisting of three thousand or more residential and recreational lots that are or may be subleased for residential and recreational purposes. (3) The exemption under this section shall not be construed to modify the provisions of RCW 84.40.230. [2001 c 26 § 2; 1979 ex.s. c 196 § 10; 1975-’76 2nd ex.s. c 61 § 14.] 84.36.451 Application—2001 c 26 §§ 2 and 3: See note following RCW 84.40.410. Effective date—1979 ex.s. c 196: See note following RCW 82.04.240. Leasehold excise tax: Chapter 82.29A RCW. 84.36.470 Agricultural products—Exemption. The following property shall be exempt from taxation: Any agricultural product as defined in RCW 82.04.213 and grown or produced for sale by any person upon the person’s own lands or upon lands in which the person has a present right of possession. Taxpayers shall not be required to report, or assessors to list, the inventories covered by this exemption. [1997 c 156 § 6; 1989 c 378 § 12; 1975 1st ex.s. c 291 § 17; 1974 ex.s. c 169 § 8.] 84.36.470 (2008 Ed.) Exemptions Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. Legislative intent—Review—Reports—1974 ex.s. c 169: "This 1974 act is intended to stimulate the economy of the state, and thereby to increase the revenues of the state and its local taxing districts. The department of revenue shall review the impact of this 1974 act upon the economy and revenues of the state and its local taxing districts, and shall report thereon biennially to the legislature. Recommendations for additional legislation shall be included in such reports if such legislation is needed to assure that the economic stimulus provided by this 1974 act is balanced by increased revenues." [1974 ex.s. c 169 § 1.] Severability—1974 ex.s. c 169: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 169 § 10.] Effective date—1974 ex.s. c 169: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on May 10, 1974." [1974 ex.s. c 169 § 11.] Powers of department of revenue to promulgate rules and prescribe procedures to carry out this section: RCW 84.40.405. 84.36.477 Business inventories. (1) Business inventories are exempt from property taxation. (2) As used in this section: (a)(i) "Business inventories" means all livestock, inventories of finished goods and work in process, and personal property not under lease or rental, acquired, or produced solely for the purpose of sale or lease or for the purpose of consuming the property in producing for sale or lease a new article of tangible personal property of which the property becomes an ingredient or component. (ii) "Business inventories" also includes: (A) All grains and flour, fruit and fruit products, unprocessed timber, vegetables and vegetable products, and fish and fish products, while being transported to or held in storage in a public or private warehouse or storage area if actually shipped to points outside the state on or before April 30th of the first year for which they would otherwise be taxable; (B) All finished plywood, hardboard, and particleboard panels shipped from outside this state to any processing plant within this state, if the panels are moving under a through freight rate to final destination outside this state and the carrier grants the shipper the privilege of stopping the shipment in transit for the purpose of storing, milling, manufacturing, or other processing, while the panels are in the process of being treated or shaped into flat component parts to be incorporated into finished products outside this state and for thirty days after completion of the processing or treatment; (C) All ore or metal shipped from outside this state to any smelter or refining works within this state, while in process of reduction or refinement and for thirty days after completion of the reduction or refinement; and (D) All metals refined by electrolytic process into cathode or bar form while in this form and held under negotiable warehouse receipt in a public or private warehouse recognized by an established incorporated commodity exchange and for sale through the exchange. (iii) "Business inventories" does not include personal property acquired or produced for the purpose of lease or rental if the property was leased or rented at any time during the calendar year immediately preceding the year of assessment and was not thereafter remanufactured, nor does it 84.36.477 (2008 Ed.) 84.36.480 include property held within the normal course of business for lease or rental for periods of less than thirty days. (iv) "Business inventories" does not include agricultural or horticultural property fully or partially exempt under RCW 84.36.470. (v) "Business inventories" does not include timber that is standing on public land and that is sold under a contract entered into after August 1, 1982; (b) "Fish and fish products" means all fish and fish products suitable and designed for human consumption, excluding all others; (c) "Fruit and fruit products" means all raw edible fruits, berries, and hops and all processed products of fruits, berries, or hops, suitable and designed for human consumption, while in the hands of the first processor; (d) "Processed" means canning, barreling, bottling, preserving, refining, freezing, packing, milling, or any other method employed to keep any grain, fruit, vegetable, or fish in an edible condition or to put it into more suitable or convenient form for consuming, storing, shipping, or marketing; (e) "Remanufactured" means the restoration of property to essentially its original condition, but does not mean normal maintenance or repairs; and (f) "Vegetables and vegetable products" means all raw edible vegetables such as peas, beans, beets, sugar beets, and other vegetables, and all processed products of vegetables, suitable and designed for human consumption, while in the hands of the first processor. [2001 c 187 § 15; 1983 1st ex.s. c 62 § 6.] Short title—Intent—1983 1st ex.s. c 62: "(1) This act shall be known as the homeowner’s property tax relief act of 1983. (2) The intent of the inventory tax phaseout was to stimulate the economy of the state and to increase the revenues of the state and local taxing districts by attracting new business, encouraging the expansion of existing businesses thereby increasing economic activity and tax revenue on noninventory property. The inventory tax phaseout will cause certain unforeseen and heretofore unprepared for tax shifts among property owners. (3) This act is intended to lessen the impact of the property tax shift. Relief is provided by the following means: (a) The state will provide fourteen million dollars over a four-year period to lessen the impact on the most severely affected districts. (b) Persons purchasing timber on public lands after August 1, 1982, are required to continue to pay property tax on those timber inventories. They will receive a credit against the timber excise tax for these property tax payments. (c) Local governments are granted the ability to lessen their short-term reliance on the property tax without reducing their future ability to levy property taxes." [1983 1st ex.s. c 62 § 1.] Effective dates—Applicability—1983 1st ex.s. c 62: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [June 13, 1983], except sections 6 through 8 and 14 of this act which shall take effect January 1, 1984, and shall be effective for taxes first due in 1984 and thereafter." [1983 1st ex.s. c 62 § 15.] Application—2001 c 187: See note following RCW 84.40.020. Rules and regulations, procedures: RCW 84.40.405. 84.36.480 Nonprofit fair associations. The following property shall be exempt from taxation: The real and personal property of a nonprofit fair association that sponsors or conducts a fair or fairs which receive support from revenues collected pursuant to RCW 67.16.100 and allocated by the director of the department of agriculture. To be exempt under this section, the property must be used exclusively for fair purposes, except as provided in RCW 84.36.805. However, 84.36.480 [Title 84 RCW—page 71] 84.36.487 Title 84 RCW: Property Taxes the loan or rental of property otherwise exempt under this section to a private concessionaire or to any person for use as a concession in conjunction with activities permitted under this section shall not nullify the exemption if the concession charges are subject to agreement and the rental income, if any, is reasonable and is devoted solely to the operation and maintenance of the property. [1984 c 220 § 6; 1975 1st ex.s. c 291 § 22.] Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.487 Air pollution control equipment in thermal electric generation facilities—Records—Payments on cessation of operation. (1) Air pollution control equipment constructed or installed after May 15, 1997, by businesses engaged in the generation of electric energy at thermal electric generation facilities first placed in operation after December 31, 1969, and before July 1, 1975, shall be exempt from property taxation. The owners shall maintain the records in such a manner that the annual beginning and ending asset balance of the pollution control facilities and depreciation method can be identified. (2) For the purposes of this section, "air pollution control equipment" means any treatment works, control devices and disposal systems, machinery, equipment, structures, property, property improvements, and accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste that, if released to the outdoor atmosphere, could cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation. (3) RCW 82.32.393 applies to this section. [1997 c 368 § 11.] 84.36.487 Findings—Intent—Rules adoption—Severability—Effective date— 1997 c 368: See notes following RCW 82.08.810. 84.36.500 Conservation futures on agricultural land. All conservation futures on agricultural lands acquired pursuant to RCW 64.04.130 or 84.34.200 through 84.34.240, that are held by any nonprofit corporation or association, the primary purpose of which is conserving agricultural lands and preventing the conversion of such lands to nonagricultural uses, shall be exempt from ad valorem taxation if: (1) The conservation futures are of an unlimited duration; (2) The conservation futures are effectively restricted to preclude nonagricultural uses on such agricultural land; and (3) The lands are classified as farm and agricultural lands under chapter 84.34 RCW: PROVIDED, That at such time as these property interests are not used for the purposes enumerated in RCW 84.34.210 and 64.04.130 the additional tax specified in *RCW 84.34.108(3) shall be imposed. [1984 c 131 § 11.] 84.36.500 *Reviser’s note: RCW 84.34.108 was amended by 1999 sp.s. c 4 § 706, changing subsection (3) to subsection (4). 84.36.510 Mobile homes in dealer’s inventory. Any mobile home which is a part of a dealer’s inventory and held solely for sale in the ordinary course of the dealer’s business and is not used for any other purpose shall be exempt from property taxation: PROVIDED, That this exemption shall 84.36.510 [Title 84 RCW—page 72] not apply to property taxes already levied or delinquent on such mobile home at the time it becomes part of a dealer’s inventory. [1985 c 395 § 7.] 84.36.550 Nonprofit organizations—Property used for solicitation or collection of gifts, donations, or grants. The real and personal property owned by nonprofit organizations and used for solicitation or collection of gifts, donations, or grants is exempt from taxation if the organization meets all of the following conditions: (1) The organization is organized and conducted for nonsectarian purposes. (2) The organization is affiliated with a state or national organization that authorizes, approves, or sanctions volunteer charitable fund-raising organizations. (3) The organization is qualified for exemption under section 501(c)(3) of the federal internal revenue code. (4) The organization is governed by a volunteer board of directors. (5) The gifts, donations, and grants are used by the organization for character-building, benevolent, protective, or rehabilitative social services directed at persons of all ages, or for distribution under subsection (6) of this section. (6) The organization distributes gifts, donations, or grants to at least five other nonprofit organizations or associations that are organized and conducted for nonsectarian purposes and provide character-building, benevolent, protective, or rehabilitative social services directed at persons of all ages. [1993 c 79 § 1.] 84.36.550 Applicability—1993 c 79: "This act shall be effective for taxes levied for collection in 1994 and thereafter." [1993 c 79 § 5.] 84.36.560 Nonprofit organizations that provide rental housing or used space to very low-income households. (1) The real and personal property owned or used by a nonprofit entity in providing rental housing for very lowincome households or used to provide space for the placement of a mobile home for a very low-income household within a mobile home park is exempt from taxation if: (a) The benefit of the exemption inures to the nonprofit entity; (b) At least seventy-five percent of the occupied dwelling units in the rental housing or lots in a mobile home park are occupied by a very low-income household; and (c) The rental housing or lots in a mobile home park were insured, financed, or assisted in whole or in part through one or more of the following sources: (i) A federal or state housing program administered by the department of community, trade, and economic development; (ii) A federal housing program administered by a city or county government; (iii) An affordable housing levy authorized under RCW 84.52.105; or (iv) The surcharges authorized by RCW 36.22.178 and 36.22.179 and any of the surcharges authorized in chapter 43.185C RCW. (2) If less than seventy-five percent of the occupied dwelling units within the rental housing or lots in the mobile home park are occupied by very low-income households, the rental housing or mobile home park is eligible for a partial 84.36.560 (2008 Ed.) Exemptions exemption on the real property and a total exemption of the housing’s or park’s personal property as follows: (a) A partial exemption shall be allowed for each dwelling unit in the rental housing or for each lot in a mobile home park occupied by a very low-income household. (b) The amount of exemption shall be calculated by multiplying the assessed value of the property reasonably necessary to provide the rental housing or to operate the mobile home park by a fraction. The numerator of the fraction is the number of dwelling units or lots occupied by very lowincome households as of December 31st of the first assessment year in which the rental housing or mobile home park becomes operational or on January 1st of each subsequent assessment year for which the exemption is claimed. The denominator of the fraction is the total number of dwelling units or lots occupied as of December 31st of the first assessment year the rental housing or mobile home park becomes operational and January 1st of each subsequent assessment year for which exemption is claimed. (3) If a currently exempt rental housing unit in a facility with ten units or fewer or mobile home lot in a mobile home park with ten lots or fewer was occupied by a very lowincome household at the time the exemption was granted and the income of the household subsequently rises above fifty percent of the median income but remains at or below eighty percent of the median income, the exemption will continue as long as the housing continues to meet the certification requirements of a very low-income housing program listed in subsection (1) of this section. For purposes of this section, median income, as most recently determined by the federal department of housing and urban development for the county in which the rental housing or mobile home park is located, shall be adjusted for family size. However, if a dwelling unit or a lot becomes vacant and is subsequently rerented, the income of the new household must be at or below fifty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the rental housing or mobile home park is located to remain exempt from property tax. (4) If at the time of initial application the property is unoccupied, or subsequent to the initial application the property is unoccupied because of renovations, and the property is not currently being used for the exempt purpose authorized by this section but will be used for the exempt purpose within two assessment years, the property shall be eligible for a property tax exemption for the assessment year in which the claim for exemption is submitted under the following conditions: (a) A commitment for financing to acquire, construct, renovate, or otherwise convert the property to provide housing for very low-income households has been obtained, in whole or in part, by the nonprofit entity claiming the exemption from one or more of the sources listed in subsection (1)(c) of this section; (b) The nonprofit entity has manifested its intent in writing to construct, remodel, or otherwise convert the property to housing for very low-income households; and (c) Only the portion of property that will be used to provide housing or lots for very low-income households shall be exempt under this section. (2008 Ed.) 84.36.560 (5) To be exempt under this section, the property must be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805. (6) The nonprofit entity qualifying for a property tax exemption under this section may agree to make payments to the city, county, or other political subdivision for improvements, services, and facilities furnished by the city, county, or political subdivision for the benefit of the rental housing. However, these payments shall not exceed the amount last levied as the annual tax of the city, county, or political subdivision upon the property prior to exemption. (7) As used in this section: (a) "Group home" means a single-family dwelling financed, in whole or in part, by one or more of the sources listed in subsection (1)(c) of this section. The residents of a group home shall not be considered to jointly constitute a household, but each resident shall be considered to be a separate household occupying a separate dwelling unit. The individual incomes of the residents shall not be aggregated for purposes of this exemption; (b) "Mobile home lot" or "mobile home park" means the same as these terms are defined in RCW 59.20.030; (c) "Occupied dwelling unit" means a living unit that is occupied by an individual or household as of December 31st of the first assessment year the rental housing becomes operational or is occupied by an individual or household on January 1st of each subsequent assessment year in which the claim for exemption is submitted. If the housing facility is comprised of three or fewer dwelling units and there are any unoccupied units on January 1st, the department shall base the amount of the exemption upon the number of occupied dwelling units as of December 31st of the first assessment year the rental housing becomes operational and on May 1st of each subsequent assessment year in which the claim for exemption is submitted; (d) "Rental housing" means a residential housing facility or group home that is occupied but not owned by very lowincome households; (e) "Very low-income household" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the rental housing is located and in effect as of January 1st of the year the application for exemption is submitted; and (f) "Nonprofit entity" means a: (i) Nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code; (ii) Limited partnership where a nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code, a public corporation established under RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority created under RCW 35.82.030 or 35.82.300, or a housing authority meeting the definition in RCW 35.82.210(2)(a) is a general partner; or (iii) Limited liability company where a nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code, a public corporation established under RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority established [Title 84 RCW—page 73] 84.36.570 Title 84 RCW: Property Taxes under RCW 35.82.030 or 35.82.300, or a housing authority meeting the definition in RCW 35.82.210(2)(a) is a managing member. [2007 c 301 § 1; 2001 1st sp.s. c 7 § 1; 1999 c 203 § 1.] Application—1999 c 203: "This act applies to taxes levied in 1999 for collection in 2000 and thereafter." [1999 c 203 § 4.] 84.36.570 Nonprofit organizations—Property used for agricultural research and education programs. (1) All real and personal property owned by a nonprofit organization, corporation, or association to provide a demonstration farm with research and extension facilities, a public agricultural museum, and an educational tour site, which is used by a state university for agricultural research and education programs, is exempt from property taxation. This exemption includes all real and personal property that may be used in the production and sale of agricultural products, not to exceed fifty acres, if the income is used to further the purposes of the organization, corporation, or association. (2) To qualify for this exemption: (a) The nonprofit organization, corporation, or association must be qualified for exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)); and (b) The property must be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805. [1999 c 139 § 1.] 84.36.570 84.36.590 Property used in connection with privatization contract at Hanford reservation. (1)(a) Beginning with taxes levied for collection in calendar year 2006, all personal property located on land owned by the United States, or an instrumentality of the United States, at the Hanford reservation that is used exclusively in the performance of a privatization contract to pretreat, treat, vitrify, and immobilize tank waste under subsection (2) of this section is exempt from taxation. (b) Beginning with taxes levied for collection in calendar year 2002, and until the application of (a) of this subsection, all personal property located on land owned by the United States, or an instrumentality of the United States, at the Hanford reservation that is used exclusively in the performance of a privatization contract to pretreat, treat, vitrify, and immobilize tank waste under subsection (3) of this section is exempt from taxes levied by the state. (2) To qualify for the exemption provided in subsection (1)(a) of this section, the personal property must be owned by a person that has a privatization contract to pretreat, treat, vitrify, and immobilize tank waste located at the Hanford reservation. For the purposes of this section, a privatization contract means a contract in which the United States, or an instrumentality of the United States, has designated the other contracting party as a party responsible for carrying out tank waste clean-up operations at the Hanford reservation. (3) To qualify for the exemption provided in subsection (1)(b) of this section, the personal property must be owned by a person that has, and complies with, a privatization contract to pretreat, treat, vitrify, and immobilize tank waste located at the Hanford reservation. The personal property must be acquired or constructed, and operated, in compliance with the tank waste treatment complex requirements of the Hanford 84.36.590 [Title 84 RCW—page 74] federal facility agreement and consent order, including schedules for tank waste treatment complex start of construction, initiation of hot commissioning, and schedules for tank waste pretreatment processing and vitrification. The privatization contractor shall submit annually, on or before August 1st, a progress report to the Washington state department of ecology documenting compliance with the requirements of the agreement and consent order and the terms of the privatization contract. The department of ecology shall annually issue, on or before October 1st, a determination to the department of revenue indicating whether the privatization contractor is in compliance with the requirements of the agreement and consent order. (4) An inadvertent use of property, which otherwise qualifies for an exemption under this section, in a manner inconsistent with the purpose for which the exemption is granted, does not nullify the exemption if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years. [2000 c 246 § 1.] Effective date—2000 c 246: "This act takes effect January 1, 2001." [2000 c 246 § 2.] 84.36.595 Motor vehicles, travel trailers, campers, and vehicles carrying exempt licenses. (1) For the purposes of this section, the following definitions apply: (a) "Motor vehicle" means all motor vehicles, trailers, and semitrailers used, or of the type designed primarily to be used, upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including fixed loads and facilities for human habitation; but shall not include (i) vehicles carrying exempt licenses; (ii) dock and warehouse tractors and their cars or trailers, lumber carriers of the type known as spiders, and all other automotive equipment not designed primarily for use upon public streets or highways; (iii) motor vehicles or their trailers used entirely upon private property; (iv) mobile homes as defined in RCW 46.04.302; or (v) motor vehicles owned by nonresident military personnel of the armed forces of the United States stationed in the state of Washington, provided personnel were also nonresident at the time of their entry into military service. (b) "Travel trailer" has the meaning given in RCW 46.04.623. However, if a park trailer, as defined in RCW 46.04.622, has substantially lost its identity as a mobile unit by virtue of its being permanently sited in location and placed on a foundation of either posts or blocks with connections with sewer, water, or other utilities for the operation of installed fixtures and appliances, it will be considered real property and will be subject to ad valorem property taxation imposed in accordance with this title, including the provisions with respect to omitted property, except that a park trailer located on land not owned by the owner of the park trailer will be subject to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040. (c) "Camper" has the meaning given in RCW 46.04.085. (2) Motor vehicles, vehicles carrying exempt licenses, travel trailers, and campers are exempt from property taxation. [2004 c 156 § 1; 2000 c 136 § 1.] 84.36.595 (2008 Ed.) Exemptions Effective date—2000 c 136: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2000]." [2000 c 136 § 2.] Retroactive application—2000 c 136: "This act applies retroactively to January 1, 2000." [2000 c 136 § 3.] 84.36.600 Computer software. (1) All custom computer software, except embedded software, is exempt from property taxation. (2) Retained rights in computer software are exempt from property taxation. (3) Modifications to canned software are exempt from property taxation, but the underlying canned software remains subject to taxation as provided in RCW 84.40.037. (4) Master or golden copies of computer software are exempt from property taxation. [1991 sp.s. c 29 § 3.] 84.36.600 Findings, intent—Severability—Application—1991 sp.s. c 29: See notes following RCW 84.04.150. 84.36.605 Sales/leasebacks by regional transit authorities. All real and personal property subject to a sale/leaseback agreement under RCW 81.112.300 is exempt from taxation. [2000 2nd sp.s. c 4 § 27.] 84.36.605 Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300. 84.36.630 Farming machinery and equipment. (1) All machinery and equipment owned by a farmer that is personal property is exempt from property taxes levied for any state purpose if it is used exclusively in growing and producing agricultural products during the calendar year for which the claim for exemption is made. (2) "Farmer" has the same meaning as defined in RCW 82.04.213. (3) A claim for exemption under this section shall be filed with the county assessor together with the statement required under RCW 84.40.190, for exemption from taxes payable the following year. The claim shall be made solely upon forms as prescribed and furnished by the department of revenue. [2003 c 302 § 7; 2001 2nd sp.s. c 24 § 1.] 84.36.630 Application—2001 2nd sp.s. c 24: "This act applies to taxes levied for collection in 2003 and every year thereafter." [2001 2nd sp.s. c 24 § 3.] 84.36.635 Property used for the manufacture of alcohol fuel or biodiesel fuel. (1) For the purposes of this section: (a) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas, which is used alone or in combination with gasoline or other petroleum products for use as a fuel for motor vehicles, farm implements, and machines or implements of husbandry. (b) "Anaerobic digester" has the same meaning as provided in RCW 82.08.900. (c) "Biodiesel feedstock" means oil that is produced from an agricultural crop for the sole purpose of ultimately producing biodiesel fuel. (d) "Biodiesel fuel" means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003. 84.36.635 (2008 Ed.) 84.36.640 (2)(a) All buildings, machinery, equipment, and other personal property which are used primarily for the manufacturing of alcohol fuel, biodiesel fuel, biodiesel feedstock, or the operation of an anaerobic digester, the land upon which this property is located, and land that is reasonably necessary in the manufacturing of alcohol fuel, biodiesel fuel, biodiesel feedstock, or the operation of an anaerobic digester, but not land necessary for growing of crops, which together comprise a new manufacturing facility or an addition to an existing manufacturing facility, are exempt from property taxation for the six assessment years following the date on which the facility or the addition to the existing facility becomes operational. (b) For manufacturing facilities which produce products in addition to alcohol fuel, biodiesel fuel, or biodiesel feedstock, the amount of the property tax exemption shall be based upon the annual percentage of the total value of all products manufactured that is the value of the alcohol fuel, biodiesel fuel, and biodiesel feedstock manufactured. (3) Claims for exemptions authorized by this section shall be filed with the county assessor on forms prescribed by the department of revenue and furnished by the assessor. Once filed, the exemption is valid for six years and shall not be renewed. The assessor shall verify and approve claims as the assessor determines to be justified and in accordance with this section. No claims may be filed after December 31, 2009, except for claims for anaerobic digesters, which may be filed no later than December 31, 2012. The department of revenue may promulgate such rules, pursuant to chapter 34.05 RCW, as necessary to properly administer this section. [2008 c 268 § 1; 2003 c 261 § 9.] Effective date—2008 c 268: "This act takes effect July 1, 2008." [2008 c 268 § 3.] Application—2003 c 261 § 9: "Section 9 of this act applies to taxes levied for collection in 2004 and thereafter." [2003 c 261 § 12.] Effective dates—2003 c 261: "(1) Sections 9 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of state government and its existing public institutions, and take effect July 1, 2003. (2) Sections 1 through 8 of this act take effect July 1, 2004." [2003 c 261 § 13.] 84.36.640 Property used for the manufacture of wood biomass fuel. (1) For the purposes of this section, "wood biomass fuel" means a pyrolytic liquid fuel or synthesis gas-derived liquid fuel, used in internal combustion engines, and produced from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma-arsenic. (2)(a) All buildings, machinery, equipment, and other personal property which is used primarily for the manufacturing of wood biomass fuel, the land upon which this property is located, and land that is reasonably necessary in the manufacturing of wood biomass fuel, but not land necessary for growing of crops, which together comprise a new manufacturing facility or an addition to an existing manufacturing facility, are exempt from property taxation for the six assessment years following the date on which the facility or the addition to the existing facility becomes operational. (b) For manufacturing facilities which produce products in addition to wood biomass fuel, the amount of the property 84.36.640 [Title 84 RCW—page 75] 84.36.645 Title 84 RCW: Property Taxes tax exemption shall be based upon the annual percentage of the total value of all products manufactured that is the value of the wood biomass fuel manufactured. (3) Claims for exemptions authorized by this section shall be filed with the county assessor on forms prescribed by the department of revenue and furnished by the assessor. Once filed, the exemption is valid for six years and shall not be renewed. The assessor shall verify and approve claims as the assessor determines to be justified and in accordance with this section. No claims may be filed after December 31, 2009. The department of revenue may promulgate such rules, pursuant to chapter 34.05 RCW, as necessary to properly administer this section. [2003 c 339 § 9.] Application—2003 c 339 § 9: "Section 9 of this act applies to taxes levied for collection in 2004 and thereafter." [2003 c 339 § 15.] Effective dates—2003 c 339: "(1) Sections 9 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003. (2) Sections 1 through 8 of this act take effect July 1, 2004." [2003 c 339 § 16.] 84.36.645 Semiconductor materials. (Contingent effective date; contingent expiration date.) (1) Machinery and equipment exempt under RCW 82.08.02565 or 82.12.02565 used in manufacturing semiconductor materials at a building exempt from sales and use tax and in compliance with the employment requirement under RCW 82.08.965 and 82.12.965 are tax exempt from taxation. "Semiconductor materials" has the same meaning as provided in RCW 82.04.240(2). (2) A person seeking this exemption must make application to the county assessor, on forms prescribed by the department. (3) A person receiving an exemption under this section must report in the manner prescribed in RCW 82.32.535. (4) This section is effective for taxes levied for collection one year after *the effective date of this act and thereafter. (5) This section expires December 31st of the year occurring twelve years after *the effective date of this act, for taxes levied for collection in the following year. [2003 c 149 § 10.] 84.36.645 *Contingent effective date—Findings—Intent—2003 c 149: See notes following RCW 82.04.426. 84.36.650 Property used by certain nonprofits to solicit or collect money for artists. The real and personal property owned or used by a nonprofit organization is exempt from taxation if the property is used for solicitation or collection of gifts, donations, or grants for the support of individual artists and the organization meets all of the following conditions: (1) The organization is organized and conducted for nonsectarian purposes. (2) The organization is qualified for exemption under section 501(c)(3) of the federal internal revenue code. (3) The organization is governed by a volunteer board of directors of at least eight members. (4) If the property is leased, the benefit of the exemption inures to the user. 84.36.650 [Title 84 RCW—page 76] (5) The gifts, donations, and grants are used by the organization for grants, fellowships, information services, and educational resources in support of individual artists engaged in the production or performance of musical, dance, artistic, dramatic, or literary works. [2003 c 344 § 1.] Application—2003 c 344: "This act applies to taxes levied for collection in 2004 and thereafter." [2003 c 344 § 3.] 84.36.655 Property related to the manufacture of superefficient airplanes. (Expires July 1, 2024.) (1) Effective January 1, 2005, all buildings, machinery, equipment, and other personal property of a lessee of a port district eligible under RCW 82.08.980 and 82.12.980, used exclusively in manufacturing superefficient airplanes, are exempt from property taxation. A person taking the credit under RCW 82.04.4463 is not eligible for the exemption under this section. For the purposes of this section, "superefficient airplane" and "component" have the meanings given in RCW 82.32.550. (2) In addition to all other requirements under this title, a person taking the exemption under this section must report as required under RCW 82.32.545. (3) Claims for exemption authorized by this section shall be filed with the county assessor on forms prescribed by the department and furnished by the assessor. The assessor shall verify and approve claims as the assessor determines to be justified and in accordance with this section. No claims may be filed after December 31, 2023. The department may adopt rules, under the provisions of chapter 34.05 RCW, as necessary to properly administer this section. (4) This section applies to taxes levied for collection in 2006 and thereafter. (5) This section expires July 1, 2024. [2003 2nd sp.s. c 1 § 14.] 84.36.655 Contingent effective date—2003 2nd sp.s. c 1: See RCW 82.32.550. Finding—2003 2nd sp.s. c 1: See note following RCW 82.04.4461. 84.36.660 Installation of automatic sprinkler system under RCW 19.27.500 through 19.27.520. (1) Prior to installation of an automatic sprinkler system under RCW 19.27.500 through 19.27.520, an owner or lessee of property who meets the requirements of this section may apply to the assessor of the county in which the property is located for a special property tax exemption. This application shall be made upon forms prescribed by the department of revenue and supplied by the county assessor. (a)(i) If a lessee of the property has paid for all expenses associated with the installation and purchase of the automatic sprinkler system, then the benefit of the exemption must inure to the lessee. (ii) A lessee, otherwise eligible to receive the benefit of the exemption under this section, is entitled to receive such benefit only to the extent that the lessee maintains a valid lease agreement with the property owner for the property in which the automatic sprinkler system was installed pursuant to RCW 19.27.500. (b) An exemption may be granted under this section only to the property owner or lessee that pays for all expenses associated with the installation and purchase of the automatic sprinkler system. In no event may both the property owner 84.36.660 (2008 Ed.) Exemptions and the lessee receive an exemption under this section in the same calendar year for the installation and purchase of the same automatic sprinkler system. (c) After December 31, 2009, no new application for a special tax exemption under this section may be: Made by a property owner or lessee; or accepted by the county assessor. (2) As used in this chapter, "special property tax exemption" means the determination of the assessed value of the property subtracting, for ten years, the increase in value attributable to the installation of an automatic sprinkler system under RCW 19.27.500 through 19.27.520. (3) The county assessor shall, for ten consecutive assessment years following the calendar year in which application is made, place a special property tax exemption on property classified as eligible. [2007 c 434 § 3; 2005 c 148 § 4.] 84.36.665 Military housing. (1) Military housing is exempt from taxation if the housing meets the following requirements: (a) The military housing must be situated on land owned in fee by the United States; (b) The military housing must be used for the housing of military personnel and their families; and (c) The military housing must be a development project awarded under the military housing privatization initiative. (2) To qualify property for the exemption under this section, the project owner must submit an application to the department in a form and manner prescribed by the department. Any change in the use of the property that affects the qualification of the property must be reported to the department. (3) The definitions in this subsection apply to this section. (a) "Ancillary supporting facilities" means facilities related to military housing units, including facilities to provide or support elementary or secondary education, child care centers, day care centers, child development centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing. (b) "Military housing" means military housing units and ancillary supporting facilities. (c) "Military housing privatization initiative" means the military housing privatization initiative of 1996, 10 U.S.C. Secs. 2871 through 2885, as existing on June 12, 2008, or some later date as the department may provide. [2008 c 84 § 1.] 84.36.665 GENERAL PROVISIONS 84.36.800 Definitions. As used in this chapter: (1) "Church purposes" means the use of real and personal property owned by a nonprofit religious organization for religious worship or related administrative, educational, eleemosynary, and social activities. This definition is to be broadly construed; (2) "Convent" means a house or set of buildings occupied by a community of clergy or nuns devoted to religious life under a superior; (3) "Hospital" means any portion of a hospital building, or other buildings in connection therewith, used as a resi84.36.800 (2008 Ed.) 84.36.805 dence for persons engaged or employed in the operation of a hospital, or operated as a portion of the hospital unit; (4) "Nonprofit" means an organization, association or corporation no part of the income of which is paid directly or indirectly to its members, stockholders, officers, directors or trustees except in the form of services rendered by the organization, association, or corporation in accordance with its purposes and bylaws and the salary or compensation paid to officers of such organization, association or corporation is for actual services rendered and compares to the salary or compensation of like positions within the public services of the state; (5) "Parsonage" means a residence occupied by a member of the clergy who has been designated for a particular congregation and who holds regular services therefor. [1998 c 311 § 24; 1998 c 202 § 2. Prior: 1997 c 156 § 7; 1997 c 143 § 2; 1994 c 124 § 18; 1993 c 79 § 2; 1989 c 379 § 3; 1981 c 141 § 3; 1973 2nd ex.s. c 40 § 6.] Applicability—1997 c 143: See note following RCW 84.36.046. Applicability—1993 c 79: See note following RCW 84.36.550. Severability—Effective date—1989 c 379: See notes following RCW 84.36.040. Applicability, construction—1981 c 141: See note following RCW 84.36.060. 84.36.805 Conditions for obtaining exemptions by nonprofit organizations, associations, or corporations. (1) In order to qualify for an exemption under this chapter, the nonprofit organizations, associations, or corporations must satisfy the conditions in this section. (2) The property must be used exclusively for the actual operation of the activity for which exemption is granted, unless otherwise provided, and does not exceed an amount reasonably necessary for that purpose, except: (a) The loan or rental of the property does not subject the property to tax if: (i) The rents and donations received for the use of the portion of the property are reasonable and do not exceed the maintenance and operation expenses attributable to the portion of the property loaned or rented; and (ii) Except for the exemptions under RCW 84.36.030(4), 84.36.037, 84.36.050, and 84.36.060(1) (a) and (b), the property would be exempt from tax if owned by the organization to which it is loaned or rented; (b) The use of the property for fund-raising activities does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption is granted. (3) The facilities and services must be available to all regardless of race, color, national origin or ancestry. (4) The organization, association, or corporation must be duly licensed or certified where such licensing or certification is required by law or regulation. (5) Property sold to organizations, associations, or corporations with an option to be repurchased by the seller shall not qualify for exempt status. This subsection does not apply to property sold to a nonprofit entity, as defined in RCW 84.36.560(7), by: (a) A nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code; 84.36.805 [Title 84 RCW—page 77] 84.36.810 Title 84 RCW: Property Taxes (b) A governmental entity established under RCW 35.21.660, 35.21.670, or 35.21.730; (c) A housing authority created under RCW 35.82.030; (d) A housing authority meeting the definition in RCW 35.82.210(2)(a); or (e) A housing authority established under RCW 35.82.300. (6) The department shall have access to its books in order to determine whether the nonprofit organization, association, or corporation is exempt from taxes under this chapter. (7) This section does not apply to exemptions granted under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260. [2006 c 319 § 1; 2006 c 226 § 3; 2003 c 121 § 2; 2001 1st sp.s. c 7 § 2. Prior: 1999 c 203 § 2; 1999 c 139 § 3; prior: 1998 c 311 § 25; 1998 c 202 § 3; 1998 c 184 § 2; prior: 1997 c 156 § 8; 1997 c 143 § 3; 1995 2nd sp.s. c 9 § 2; 1993 c 79 § 3; prior: 1990 c 283 §§ 3 and 7; 1989 c 379 § 4; 1987 c 468 § 1; 1984 c 220 § 7; 1981 c 141 § 4; 1973 2nd ex.s. c 40 § 7.] Reviser’s note: This section was amended by 2006 c 226 § 3 and by 2006 c 319 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Findings—Intent—2006 c 226: See note following RCW 84.36.050. Application—1999 c 203: See note following RCW 84.36.560. Application—1998 c 184: See note following RCW 84.36.045. Applicability—1997 c 143: See note following RCW 84.36.046. Applicability—1995 2nd sp.s. c 9 §§ 1 and 2: See note following RCW 84.36.035. Effective date—1995 2nd sp.s. c 9: See note following RCW 84.36.035. Applicability—1993 c 79: See note following RCW 84.36.550. Construction—1990 c 283 §§ 6 and 7: See note following RCW 84.36.030. Severability—Effective date—1989 c 379: See notes following RCW 84.36.040. Applicability—1987 c 468: "This act shall be effective for taxes levied for collection in 1988 and thereafter." [1987 c 468 § 3.] Applicability, construction—1981 c 141: See note following RCW 84.36.060. (2) Subsection (1) of this section applies only when ownership of the property is transferred or when fifty-one percent or more of the area of the property loses its exempt status. The additional tax under subsection (1) of this section shall not be imposed if the cessation of use resulted solely from: (a) Transfer to a nonprofit organization, association, or corporation for a use which also qualifies and is granted exemption under this chapter; (b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power; (c) Official action by an agency of the state of Washington or by the county or city within which the property is located which disallows the present use of such property; (d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the organization, association, or corporation changing the use of such property; (e) Relocation of the activity and use of another location or site except for undeveloped properties of camp facilities exempted under RCW 84.36.030; (f) Cancellation of a lease on leased property that had been exempt under this chapter; (g) A change in the exempt portion of a home for the aging under RCW 84.36.041(3), as long as some portion of the home remains exempt; or (h) Transfer to an agency of the state of Washington or the city or county within which the property is located. (3) Subsection (2)(e) and (f) of this section do [does] not apply to property leased to a state institution of higher education and exempt under RCW 84.36.050(2). [2006 c 305 § 4; 2003 c 344 § 2; 2001 c 126 § 3. Prior: 1999 c 203 § 3; 1999 c 139 § 4; prior: 1998 c 311 § 26; 1998 c 202 § 4; prior: 1997 c 156 § 9; 1997 c 143 § 4; 1994 c 124 § 19; 1993 c 79 § 4; 1990 c 283 § 4; 1989 c 379 § 5; 1987 c 468 § 2; 1984 c 220 § 8; 1983 c 185 § 1; 1981 c 141 § 5; 1977 ex.s. c 209 § 1; 1973 2nd ex.s. c 40 § 8.] Application—2001 c 126: See note following RCW 84.36.040. Application—1999 c 203: See note following RCW 84.36.560. 84.36.810 Cessation of use under which exemption granted—Collection of taxes. (1)(a) Upon cessation of a use under which an exemption has been granted pursuant to RCW 84.36.030, 84.36.037, 84.36.040, 84.36.041, 84.36.042, 84.36.043, 84.36.046, 84.36.050, 84.36.060, 84.36.550, 84.36.560, 84.36.570, and 84.36.650, except as provided in (b) of this subsection, the county treasurer shall collect all taxes which would have been paid had the property not been exempt during the three years preceding, or the life of such exemption, if such be less, together with the interest at the same rate and computed in the same way as that upon delinquent property taxes. If the property has been granted an exemption for more than ten consecutive years, taxes and interest shall not be assessed under this section. (b) Upon cessation of use by an institution of higher education of property exempt under RCW 84.36.050(2) the county treasurer shall collect all taxes which would have been paid had the property not been exempt during the seven years preceding, or the life of the exemption, whichever is less. 84.36.810 [Title 84 RCW—page 78] Applicability—1997 c 143: See note following RCW 84.36.046. Applicability—1993 c 79: See note following RCW 84.36.550. Severability—Effective date—1989 c 379: See notes following RCW 84.36.040. Applicability—1987 c 468: See note following RCW 84.36.805. Applicability, construction—1981 c 141: See note following RCW 84.36.060. 84.36.812 Additional tax payable at time of sale— Appeal of assessed values. All additional taxes imposed under RCW 84.36.262 or 84.36.810 shall become due and payable by the seller or transferor at the time of sale. The county auditor shall not accept an instrument of conveyance unless the additional tax has been paid or the department of revenue has determined that the property is not subject to RCW 84.36.262 or 84.36.810. The seller, the transferor, or the new owner may appeal the assessed values upon which the additional tax is based to the county board of equalization in accordance with the provisions of RCW 84.40.038. [2001 c 185 § 9; 1984 c 220 § 9.] 84.36.812 (2008 Ed.) Exemptions Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. 84.36.813 Change in use—Duty to notify county assessor—Examination—Recommendation. An exempt property owner shall notify the department of revenue of any change of use prior to each assessment year. Any other person believing that a change in the use of exempt property has occurred shall report same to the county assessor, who shall examine the property and if the use is not in compliance with chapter 84.36 RCW he shall report the information to the department with a recommendation that the exempt status be canceled. The final determination shall be made by the department. [1977 ex.s. c 209 § 3.] 84.36.813 84.36.815 Tax exempt status—Initial application— Renewal. (1) In order to qualify for exempt status for any real or personal property under this chapter except personal property under RCW 84.36.600, all foreign national governments; cemeteries; nongovernmental nonprofit corporations, organizations, and associations; hospitals owned and operated by a public hospital district for purposes of exemption under RCW 84.36.040(2); and soil and water conservation districts shall file an initial application on or before March 31st with the state department of revenue. All applications shall be filed on forms prescribed by the department and shall be signed by an authorized agent of the applicant. (2) In order to requalify for exempt status, all applicants except nonprofit cemeteries shall file an annual renewal declaration on or before March 31st each year. The renewal declaration shall be on forms prescribed by the department of revenue and shall contain a statement certifying the exempt status of the real or personal property owned by the exempt organization. This renewal declaration may be submitted electronically in a format provided or approved by the department. Information may also be required with the renewal declaration to assist the department in determining whether the property tax exemption should continue. (3) When an organization acquires real property qualified for exemption or converts real property to exempt status, the organization shall file an initial application for the property within sixty days following the acquisition or conversion in accordance with all applicable provisions of subsection (1) of this section. If the application is filed after the expiration of the sixty-day period, a late filing penalty shall be imposed under RCW 84.36.825. (4) When organizations acquire real property qualified for exemption or convert real property to an exempt use, the property, upon approval of the application for exemption, is entitled to a property tax exemption for property taxes due and payable the following year. If the owner has paid taxes for the year following the year the property qualified for exemption, the owner is entitled to a refund of the amount paid on the property so acquired or converted. [2007 c 111 § 301; 2001 c 126 § 4; 1998 c 311 § 27; 1994 c 123 § 1; 1991 sp.s. c 29 § 6; 1988 c 131 § 1; 1984 c 220 § 10; 1975 1st ex.s. c 291 § 18; 1973 2nd ex.s. c 40 § 9.] 84.36.815 Part headings not law—2007 c 111: See note following RCW 82.16.120. Application—2001 c 126: See note following RCW 84.36.040. (2008 Ed.) 84.36.830 Applicability—1994 c 123: "This act shall be effective for taxes levied for collection in 1995 and thereafter." [1994 c 123 § 5.] Findings, intent—Severability—Application—1991 sp.s. c 29: See notes following RCW 84.04.150. Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.820 Renewal notice for exempt property— Failure to file before due date, effect. On or before January 1st of each year, the department of revenue shall notify the owners of record of property exempted from property taxation at their last known address about the obligation to file an annual renewal declaration for continued exemption. When a continued exemption is not approved, the department shall notify the assessor of the county in which the property is located who, in turn, shall remove the tax exemption from the property. The failure to file an annual renewal declaration for continued exemption and subsequent removal of the exemption shall not be subject to review as provided in RCW 84.36.850. The department of revenue shall review applications received after the March 31st due date, but these applications shall be subject to late filing penalties provided in RCW 84.36.825. [2007 c 111 § 302; 1984 c 220 § 11; 1975’76 2nd ex.s. c 127 § 1; 1973 2nd ex.s. c 40 § 10.] 84.36.820 Part headings not law—2007 c 111: See note following RCW 82.16.120. 84.36.825 Late filing penalty. A late filing penalty of ten dollars per month for each month an application or annual renewal declaration is past due shall be required and shall be deposited in the general fund. [2007 c 111 § 303; 1998 c 311 § 28; 1994 c 123 § 2; 1977 ex.s. c 209 § 2; 1975-’76 2nd ex.s. c 127 § 2; 1975 1st ex.s. c 291 § 19; 1973 2nd ex.s. c 40 § 11.] 84.36.825 Part headings not law—2007 c 111: See note following RCW 82.16.120. Applicability—1994 c 123: See note following RCW 84.36.815. Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.830 Review of applications for exemption— Procedure—Approval or denial—Notice. (1) The department of revenue shall review each application for exemption and approve or deny the application before August 1st of the assessment year for which the application is made. However, exemption applications received after March 31st shall be reviewed and determination made thereon within thirty days of the date received or by August 1st, whichever is later. (2) The department may request additional relevant information as it deems necessary. The department may also physically inspect the property and satisfy itself as to the use of all parcels before approving or denying the application. After approving an application, the department may also physically inspect the property at regular intervals to ensure compliance with this chapter. (3) When the department has examined the application and, if applicable, the subject property, it shall either approve or deny the request and clearly state the reasons for denial in written notification by mail to the applicant. The department shall also notify the assessor of the county in which the property is located. The county assessor shall place the property on the assessment roll for the current year. [2007 c 111 § 84.36.830 [Title 84 RCW—page 79] 84.36.833 Title 84 RCW: Property Taxes 304; 1998 c 310 § 1; 1984 c 220 § 12; 1975-’76 2nd ex.s. c 127 § 3; 1973 2nd ex.s. c 40 § 12.] Part headings not law—2007 c 111: See note following RCW 82.16.120. Effective date—1998 c 310: "This act takes effect January 1, 1999." [1998 c 310 § 2.] 84.36.833 Application for exemption or renewal may include all contiguous exempt property. Each application for property tax exemption, or renewal thereof, may include all the real and personal property eligible for exempt status under any of the sections of chapter 84.36 RCW which are contiguous and part of a homogenous unit. Properties separated by public streets and roads shall be considered to be contiguous for purposes of this section. [1975-’76 2nd ex.s. c 127 § 4.] 84.36.833 84.36.835 List of exempt properties to be prepared and furnished each county assessor. On or before August 31st, the department of revenue shall prepare a list by county of those properties exempted by the department under this chapter and shall forward a list to each county assessor of the property exempt in that county. [1998 c 311 § 29; 1973 2nd ex.s. c 40 § 13.] 84.36.835 84.36.840 Statements—Reports—Information—Filing—Requirements. (1) In order to determine whether organizations, associations, corporations, or institutions, except those exempted under RCW 84.36.020 and 84.36.030, are exempt from property taxes, and before the exemption shall be allowed for any year, the superintendent or manager or other proper officer of the organization, association, corporation, or institution claiming exemption from taxation shall file with the department of revenue a statement certifying that the income and the receipts thereof, including donations to it, have been applied to the actual expenses of operating and maintaining it, or for its capital expenditures, and to no other purpose. This report shall also include a statement of the receipts and disbursements of the exempt organization, association, corporation, or institution. (2) Educational institutions claiming exemption under RCW 84.36.050 shall also file a list of all property claimed to be exempt, the purpose for which it is used, the revenue derived from it for the preceding year, the use to which the revenue was applied, the number of students who attended the school or college, the total revenues of the institution with the source from which they were derived, and the purposes to which the revenues were applied, listing the items of such revenues and expenditures in detail. (3) The reports required under subsections (1) and (2) of this section may be submitted electronically, in a format provided or approved by the department, or mailed to the department. The reports shall be submitted on or before March 31st of each year. The department shall remove the tax exemption from the property of any organization, association, corporation, or institution that does not file the required report with the department on or before the due date. However, the department shall allow a reasonable extension of time for filing upon receipt of a written request on or before the required filing date and for good cause shown therein. [2007 c 111 § 305; 1973 2nd ex.s. c 40 § 14.] 84.36.840 [Title 84 RCW—page 80] Part headings not law—2007 c 111: See note following RCW 82.16.120. 84.36.845 Revocation of exemption approved or renewed due to inaccurate information. If subsequent to the time that the exemption of any property is initially approved or renewed, it shall be determined that such exemption was approved or renewed as the result of inaccurate information provided by the authorized agent of the applicant, the exemption shall be revoked and taxes shall be levied against such property pursuant to the provisions of RCW 84.36.810. [1973 2nd ex.s. c 40 § 15.] 84.36.845 84.36.850 Review—Appeals. Any applicant aggrieved by the department of revenue’s denial of an exemption application may petition the state board of tax appeals to review an application for either real or personal property tax exemption and the board shall consider any appeals to determine (1) if the property is entitled to an exemption, and (2) the amount or portion thereof. A county assessor of the county in which the exempted property is located shall be empowered to appeal to the state board of tax appeals to review any real or personal property tax exemption approved by the department of revenue which he feels is not warranted. Appeals from a department of revenue decision must be made within thirty days after the mailing of the approval or denial. [1989 c 378 § 13; 1973 2nd ex.s. c 40 § 16.] 84.36.850 Effective date—1989 c 378 § 13: "Section 13 of this act shall take effect January 1, 1990." [1989 c 378 § 41.] 84.36.855 Property changing from exempt to taxable status—Procedure. Property which changes from exempt to taxable status shall be subject to the provisions of RCW 84.36.810 and 84.40.350 through 84.40.390, and the assessor shall also place the property on the assessment roll for taxes due and payable in the following year. [1973 2nd ex.s. c 40 § 17.] 84.36.855 84.36.860 Public notice of provisions of act. Each county assessor and the director of the department of revenue shall each issue public notice of the provisions of chapter 40, Laws of 1973 2nd ex. sess. in such a manner as will give constructive notice to all taxpayers of that county or of the state, as the case may be, prior to the first year in which an application for exemption is required by RCW 84.36.815 through 84.36.845. [1973 2nd ex.s. c 40 § 18.] 84.36.860 84.36.865 Rules and regulations. The department of revenue of the state of Washington shall make such rules and regulations consistent with chapter 34.05 RCW and the provisions of this chapter as shall be necessary or desirable to permit its effective administration. [1975 1st ex.s. c 291 § 20; 1973 2nd ex.s. c 40 § 19.] 84.36.865 Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. 84.36.900 Severability—1973 2nd ex.s. c 40. If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of 84.36.900 (2008 Ed.) Property Tax Deferral Program the act, or the application of the provision to other persons or circumstances is not affected. [1973 2nd ex.s. c 40 § 22.] 84.36.905 Effective date—Construction—1973 2nd ex.s. c 40. This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, shall take effect immediately and shall be effective for assessment in 1973 for taxes due and payable in 1974. [1973 2nd ex.s. c 40 § 23.] 84.36.905 Chapter 84.37 RCW PROPERTY TAX DEFERRAL PROGRAM Chapter 84.37 Sections 84.37.010 84.37.020 84.37.030 84.37.040 84.37.050 84.37.060 84.37.070 84.37.080 84.37.090 84.37.900 84.37.901 84.37.902 84.37.903 Findings—Intent. Definitions. Deferral program qualifications. Deferral program administration. Renewals—Requirement to reside on property. Right to defer not reduced by contract or agreement. State lien on property. Conditions under which deferment ends. Applicable statutory provisions. Severability—2007 sp.s. c 2. Application—2007 sp.s. c 2. Review by the joint legislative audit and review committee. Effective date—2007 sp.s. c 2. 84.37.010 Findings—Intent. (1) The legislature finds that there are an increasing number of economic and financial pressures causing hardships to many homeowners in the state of Washington. The legislature finds that the current housing crisis is a key barometer of the insecure economic situation facing working Washington families. The legislature finds that, among those hardships, increases in property taxes lead to undue stress on family budgets causing some homeowners to be at risk of losing their homes. The legislature finds that financial practices nationwide have led to an increasingly destabilized housing market across the country with impacts now being felt here in Washington. The legislature further finds that by establishing a property tax deferral program homeowners will be able to remain in their homes. The legislature further finds that acting now to stabilize the housing market is an important public purpose. (2) It is the intent of the legislature to: (a) Provide a property tax safe harbor for families in economic crisis; and (b) prevent existing homeowners from being driven from their homes because of overly burdensome property taxes. [2007 sp.s. c 2 § 1.] 84.37.010 84.37.050 (1) The special assessments or property taxes must be imposed upon a residence that was occupied by the claimant as a principal place of residence as of January 1st of the year in which the assessments and taxes are due, subject to the exceptions allowed under RCW 84.36.381(1); (2) The claimant must have combined disposable income, as defined in RCW 84.36.383, of fifty-seven thousand dollars or less in the calendar year preceding the filing of the declaration; (3) The claimant must have paid one-half of the total amount of special assessments and property taxes listed on the tax statement for the year in which the deferral claim is made; (4) A deferral is not allowed for assessments or taxes levied in the first five calendar years in which the person owns the residence; (5) The claimant who defers payment of special assessments or real property taxes, or both, under this section must also meet the conditions of RCW 84.38.030 (4) and (5); (6) The total amount deferred by a claimant under this chapter must not exceed forty percent of the amount of the claimant’s equity value in the claimant’s residence; (7) The claimant may not defer taxes under both this chapter and chapter 84.38 RCW; and (8) In the case of deferred special assessments, the claimant must have opted for payment of the assessments on the installment method if this method was available. [2007 sp.s. c 2 § 2.] 84.37.020 Definitions. The definitions in RCW 84.38.020 apply to this chapter. For purposes of this chapter, references to "this chapter" in any of the definitions in RCW 84.38.020 shall be interpreted to refer to chapter 84.37 RCW, unless the context clearly requires otherwise. [2007 sp.s. c 2 § 3.] 84.37.040 Deferral program administration. (1) Each claimant electing to defer payment of special assessments or real property tax obligations, or both, under this chapter shall file with the county assessor, on forms prescribed by the department and supplied by the assessor, a written declaration thereof. The declaration to defer special assessments and/or real property taxes for any year shall be filed no later than the first day of September of the year for which the deferral is sought: PROVIDED, That for good cause shown, the department may waive this requirement. (2) The declaration shall designate the property to which the deferral applies, and shall include a statement setting forth (a) a list of all members of the claimant’s household, (b) the claimant’s equity value in his or her residence, (c) facts establishing the eligibility for the deferral under the provisions of this chapter, and (d) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter 9A.72 RCW for false swearing. (3) The county assessor shall determine if each claimant shall be granted a deferral for each year but the claimant shall have the right to appeal this determination to the county board of equalization, in accordance with the provisions of RCW 84.40.038, whose decision shall be final as to the deferral of that year. [2007 sp.s. c 2 § 4.] 84.37.030 Deferral program qualifications. A claimant may defer payment of fifty percent of special assessments or real property taxes, or both, in any year in which all of the following conditions are met: 84.37.050 Renewals—Requirement to reside on property. (1) The provisions of RCW 84.38.050(1)(b) apply to declarations to defer special assessments or property taxes, or both, for all years following the first year. 84.37.020 84.37.030 (2008 Ed.) 84.37.040 84.37.050 [Title 84 RCW—page 81] 84.37.060 Title 84 RCW: Property Taxes (2) The provisions of RCW 84.38.070 apply to claimants ceasing to reside permanently on the property for which the declaration to defer is made between the date of filing the declaration and December 15th of that year. [2007 sp.s. c 2 § 5.] 84.37.060 84.37.060 Right to defer not reduced by contract or agreement. A person’s right to defer special assessments or property tax obligations, or both, under this chapter may not be reduced by contract or agreement. [2007 sp.s. c 2 § 6.] 84.37.070 84.37.070 State lien on property. Whenever a person’s special assessment or real property tax obligation, or both, is deferred under the provisions of this chapter, the amount deferred and required to be paid pursuant to RCW 84.38.120 shall become a lien in favor of the state upon his or her property and shall have priority as provided in chapters 35.50 and 84.60 RCW: PROVIDED, That the interest of a mortgage or purchase contract holder who requires an accumulation of reserves out of which real estate taxes are paid shall have priority to said deferred lien. This lien may accumulate up to forty percent of the amount of the claimant’s equity value in said property and the rate of interest shall be an average of the federal short-term rate as defined in 26 U.S.C. Sec. 1274(d) plus two percentage points. The rate set for each new year shall be computed by taking an arithmetical average to the nearest percentage point of the federal short-term rate, compounded annually. That average shall be calculated using the rates from four months: January, April, and July of the calendar year immediately preceding the new year, and October of the previous preceding year. The interest shall be calculated from the time it could have been paid before delinquency until said obligation is paid. In the case of a mobile home, the department of licensing shall show the state’s lien on the certificate of ownership for the mobile home. In the case of all other property, the department of revenue shall file a notice of the deferral with the county recorder or auditor. [2007 sp.s. c 2 § 7.] 84.37.080 84.37.080 Conditions under which deferment ends. Special assessments or real property tax obligations, or both, deferred under this chapter shall become payable together with interest as provided in RCW 84.37.070: (1) Upon the sale of property which has a deferred special assessment lien or real property tax lien, or both, upon it; (2) Upon the death of the claimant with an outstanding deferred special assessment lien or real property tax lien, or both, except a surviving spouse or surviving domestic partner who is qualified under this chapter may elect to incur the special assessment lien or real property tax lien, or both, which shall then be payable by that spouse or that domestic partner as provided in this section; (3) Upon the condemnation of property with a deferred special assessment lien or real property tax lien, or both, upon it by a public or private body exercising eminent domain power, except as otherwise provided in RCW 84.60.070; or (4) At such time as the claimant ceases to reside permanently in the residence upon which the deferral has been granted. [2008 c 6 § 710; 2007 sp.s. c 2 § 8.] [Title 84 RCW—page 82] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 84.37.090 Applicable statutory provisions. The provisions of RCW 84.38.110, 84.38.120, 84.38.140, 84.38.150, 84.38.160, 84.38.170, and 84.38.180 apply to this chapter to the extent that they do not conflict with the provisions of this chapter. For purposes of this chapter, references to "this chapter" in any of the statutes listed in this section shall be interpreted to refer to chapter 84.37 RCW unless the context clearly requires otherwise. [2007 sp.s. c 2 § 9.] 84.37.090 84.37.900 Severability—2007 sp.s. c 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2007 sp.s. c 2 § 11.] 84.37.900 84.37.901 Application—2007 sp.s. c 2. This act applies to taxes due and payable after April 30, 2008, and thereafter. [2007 sp.s. c 2 § 12.] 84.37.901 84.37.902 Review by the joint legislative audit and review committee. (Expires January 1, 2012.) (1) During calendar year 2011, the joint legislative audit and review committee shall review the property tax deferral program under chapter 84.37 RCW. The department of revenue and county assessors shall provide the committee with any data within its purview that the committee considers necessary to conduct the review. By December 1, 2011, the joint legislative audit and review committee shall report to the legislature the results of its review. (2) As part of its review under subsection (1) of this section, the committee shall study and report on: (a) The effectiveness of the property tax deferral program in assisting families in economic distress in remaining in their homes; (b) The effectiveness of the property tax deferral program in decreasing the default rate on residential mortgages for the statewide population within the income threshold of the program; (c) The number of potential participants per thousand population by geographic region; (d) The ratio of actual deferral program participants to potential deferral program participants by geographic region; (e) The ratio of average annual household property taxes for deferral program participants and average annual income of deferral program participants by geographic region; (f) Economic conditions in the housing and lending markets for the prior three years and the forecasted economic conditions for the current biennium and the next succeeding biennium; (g) Annual costs specific to the administration of the deferral program; (h) Total annual costs of the deferral program; (i) Recommended changes to the deferral program that would increase program participation; (j) Any other recommendations the committee may have to improve the deferral program; and (k) Any other factors that the committee considers necessary to properly evaluate the deferral program. 84.37.902 (2008 Ed.) Deferral of Special Assessments and/or Property Taxes (3) This section expires January 1, 2012. [2007 sp.s. c 2 § 13.] 84.37.903 Effective date—2007 sp.s. c 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [November 29, 2007]. [2007 sp.s. c 2 § 14.] 84.37.903 Chapter 84.38 RCW DEFERRAL OF SPECIAL ASSESSMENTS AND/OR PROPERTY TAXES Chapter 84.38 Sections 84.38.010 84.38.020 84.38.030 84.38.040 84.38.050 84.38.060 84.38.070 84.38.080 84.38.090 84.38.100 84.38.110 84.38.120 84.38.130 84.38.140 84.38.150 84.38.160 84.38.170 84.38.180 84.38.900 84.38.910 Legislative finding and purpose. Definitions. Conditions and qualifications for claiming deferral. Declaration to defer special assessments and/or real property taxes—Filing—Contents—Appeal. Renewal of deferral—Forms—Notice to renew—Limitation upon special assessment deferral amount. Declaration of deferral by agent, guardian, etc. Ceasing to reside permanently on property subject to deferral declaration. Right to deferral not reduced by contract or agreement. Procedure where residence under mortgage or purchase contract. Lien of state, mortgage or purchase contract holder—Priority—Amount—Interest. Duties of county assessor. Payments to local improvement or taxing districts. When deferred assessments or taxes become payable. Collection of deferred assessments or taxes. Election to continue deferral by surviving spouse or surviving domestic partner. Payment of part or all of deferred taxes authorized. Collection of personal property taxes not affected. Forms—Rules and regulations. Severability—1975 1st ex.s. c 291. Effective dates—1975 1st ex.s. c 291. 84.38.030 When two or more individuals of a household file or seek to file a declaration to defer, they may determine between them as to who the claimant shall be. (2) "Department" means the state department of revenue. (3) "Equity value" means the amount by which the fair market value of a residence as determined from the records of the county assessor exceeds the total amount of any liens or other obligations against the property. (4) "Local government" means any city, town, county, water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special assessments. (5) "Real property taxes" means ad valorem property taxes levied on a residence in this state in the preceding calendar year. (6) "Residence" has the meaning given in RCW 84.36.383. (7) "Special assessment" means the charge or obligation imposed by a local government upon property specially benefited. [2006 c 62 § 2; 1997 c 93 § 1; 1996 c 230 § 1614; 1995 c 329 § 1; 1991 c 213 § 1; 1984 c 220 § 20; 1979 ex.s. c 214 § 5; 1975 1st ex.s. c 291 § 27.] Application—2006 c 62: See note following RCW 84.36.383. Effective date—1997 c 93: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 21, 1997]." [1997 c 93 § 2.] Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001. Applicability—1991 c 213: "Sections 1 and 2 of this act shall be effective for taxes levied for collection in 1991 and thereafter. Sections 3 and 4 of this act shall be effective for taxes levied for collection in 1992 and thereafter." [1991 c 213 § 6.] 84.38.030 Conditions and qualifications for claiming deferral. A claimant may defer payment of special assessments and/or real property taxes on up to eighty percent of the amount of the claimant’s equity value in the claimant’s residence if the following conditions are met: (1) The claimant must meet all requirements for an exemption for the residence under RCW 84.36.381, other than the age and income limits under RCW 84.36.381. (2) The claimant must be sixty years of age or older on December 31st of the year in which the deferral claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse or surviving domestic partner of a person who was receiving a deferral at the time of the person’s death shall qualify if the surviving spouse or surviving domestic partner is fifty-seven years of age or older and otherwise meets the requirements of this section. (3) The claimant must have a combined disposable income, as defined in RCW 84.36.383, of forty thousand dollars or less. (4) The claimant must have owned, at the time of filing, the residence on which the special assessment and/or real property taxes have been imposed. For purposes of this subsection, a residence owned by a marital community, owned by domestic partners, or owned by cotenants shall be deemed to be owned by each spouse, each domestic partner, or each cotenant. A claimant who has only a share ownership in 84.38.030 84.38.010 Legislative finding and purpose. Savings once deemed adequate for retirement living have been rendered inadequate by increased tax rates, increased property values, and the failure of pension systems to adequately reflect such factors. It is therefore deemed necessary that the legislature, in addition to that tax exemption as provided for in RCW 84.36.381 through 84.36.389 as now or hereafter amended, allow retired persons to defer payment of special assessments on their residences, and to defer their real property tax obligations on their residences, an amount of up to eighty percent of their equity in said property. This deferral program is intended to assist retired persons in maintaining their dignity and a reasonable standard of living by residing in their own homes, providing for their own needs, and managing their own affairs without requiring assistance from public welfare programs. [1975 1st ex.s. c 291 § 26.] 84.38.010 84.38.020 Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings: (1) "Claimant" means a person who either elects or is required under RCW 84.64.050 to defer payment of the special assessments and/or real property taxes accrued on the claimant’s residence by filing a declaration to defer as provided by this chapter. 84.38.020 (2008 Ed.) [Title 84 RCW—page 83] 84.38.040 Title 84 RCW: Property Taxes cooperative housing, a life estate, a lease for life, or a revocable trust does not satisfy the ownership requirement. (5) The claimant must have and keep in force fire and casualty insurance in sufficient amount to protect the interest of the state in the claimant’s equity value: PROVIDED, That if the claimant fails to keep fire and casualty insurance in force to the extent of the state’s interest in the claimant’s equity value, the amount deferred shall not exceed one hundred percent of the claimant’s equity value in the land or lot only. (6) In the case of special assessment deferral, the claimant must have opted for payment of such special assessments on the installment method if such method was available. [2008 c 6 § 702; 2006 c 62 § 3; 2004 c 270 § 3; 1995 c 329 § 2; 1991 c 213 § 2; 1988 c 222 § 11; 1984 c 220 § 21; 1979 ex.s. c 214 § 6; 1975 1st ex.s. c 291 § 28.] revenue and supplied by the county assessor, which affirms the continued eligibility of the claimant. (b) In January of each year, the county assessor shall send to each claimant who has been granted deferral of ad valorem taxes for the previous year renewal forms and notice to renew. (2) Declarations to defer special assessments shall be made by filing with the assessor no later than thirty days before the special assessment is due on a form to be prescribed by the department of revenue and supplied by the county assessor. Upon approval, the full amount of special assessments upon such claimant’s residence shall be deferred but not to exceed an amount equal to eighty percent of the claimant’s equity value in said property. [1979 ex.s. c 214 § 8; 1975 1st ex.s. c 291 § 30.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 84.38.060 Declaration of deferral by agent, guardian, etc. If the claimant is unable to make his own declaration of deferral, it may be made by a duly authorized agent or by a guardian or other person charged with care of the person or property of such claimant. [1975 1st ex.s. c 291 § 31.] Application—2006 c 62: See note following RCW 84.36.383. Applicability—1991 c 213: See note following RCW 84.38.020. 84.38.040 Declaration to defer special assessments and/or real property taxes—Filing—Contents—Appeal. (1) Each claimant electing to defer payment of special assessments and/or real property tax obligations under this chapter shall file with the county assessor, on forms prescribed by the department and supplied by the assessor, a written declaration thereof. The declaration to defer special assessments and/or real property taxes for any year shall be filed no later than thirty days before the tax or assessment is due or thirty days after receiving notice under RCW 84.64.050, whichever is later: PROVIDED, That for good cause shown, the department may waive this requirement. (2) The declaration shall designate the property to which the deferral applies, and shall include a statement setting forth (a) a list of all members of the claimant’s household, (b) the claimant’s equity value in his residence, (c) facts establishing the eligibility for the deferral under the provisions of this chapter, and (d) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter 9A.72 RCW for false swearing. The first declaration to defer filed in a county shall include proof of the claimant’s age acceptable to the assessor. (3) The county assessor shall determine if each claimant shall be granted a deferral for each year but the claimant shall have the right to appeal this determination to the county board of equalization, in accordance with the provisions of RCW 84.40.038, whose decision shall be final as to the deferral of that year. [2001 c 185 § 10; 1994 c 301 § 34; 1984 c 220 § 22; 1979 ex.s. c 214 § 7; 1975 1st ex.s. c 291 § 29.] 84.38.060 84.38.040 Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. 84.38.050 Renewal of deferral—Forms—Notice to renew—Limitation upon special assessment deferral amount. (1)(a) Declarations to defer property taxes for all years following the first year may be made by filing with the county assessor no later than thirty days before the tax is due a renewal form in duplicate, prescribed by the department of 84.38.050 [Title 84 RCW—page 84] 84.38.070 Ceasing to reside permanently on property subject to deferral declaration. If the claimant declaring his or her intention to defer special assessments or real property tax obligations under this chapter ceases to reside permanently on the property for which the declaration to defer is made between the date of filing the declaration and December 15th of that year, the deferral otherwise allowable under this chapter shall not be allowed on such tax roll. However, this section shall not apply where the claimant dies, leaving a spouse or domestic partner surviving, who is also eligible for deferral of special assessment and/or property taxes. [2008 c 6 § 703; 1975 1st ex.s. c 291 § 32.] 84.38.070 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 84.38.080 Right to deferral not reduced by contract or agreement. A person’s right to defer special assessments and/or property tax obligations on his residence shall not be reduced by contract or agreement, from January 1, 1976 onward. [1975 1st ex.s. c 291 § 33.] 84.38.080 84.38.090 Procedure where residence under mortgage or purchase contract. If any residence is under mortgage or purchase contract requiring accumulation of reserves out of which the holder of the mortgage or contract is required to pay real estate taxes, said holder shall cosign the declaration of deferral either before a notary public or the county assessor or his deputy in the county where the real property is located. [1975 1st ex.s. c 291 § 34.] 84.38.090 84.38.100 Lien of state, mortgage or purchase contract holder—Priority—Amount—Interest. Whenever a person’s special assessment and/or real property tax obligation is deferred under the provisions of this chapter, the amount deferred and required to be paid pursuant to RCW 84.38.120 shall become a lien in favor of the state upon his or her property and shall have priority as provided in chapters 35.50 and 84.60 RCW: PROVIDED, That the interest of a 84.38.100 (2008 Ed.) Deferral of Special Assessments and/or Property Taxes mortgage or purchase contract holder who is required to cosign a declaration of deferral under RCW 84.38.090, shall have priority to said deferred lien. This lien may accumulate up to eighty percent of the amount of the claimant’s equity value in said property and shall bear interest at the rate of five percent per year from the time it could have been paid before delinquency until said obligation is paid: PROVIDED, That when taxes are deferred as provided in RCW 84.64.050, the amount shall bear interest at the rate of five percent per year from the date the declaration is filed until the obligation is paid. In the case of a mobile home, the department of licensing shall show the state’s lien on the certificate of ownership for the mobile home. In the case of all other property, the department of revenue shall file a notice of the deferral with the county recorder or auditor. [2006 c 275 § 1; 2000 c 103 § 26; 1988 c 222 § 12; 1984 c 220 § 23; 1981 c 322 § 1; 1975 1st ex.s. c 291 § 35.] Application—2006 c 275: "This act only applies to property tax deferrals granted under RCW 84.38.040 after June 7, 2006, for taxes levied for collection in 2007 and thereafter." [2006 c 275 § 2.] Finding—DOR report to legislature—2006 c 275: "The legislature finds that the intent of the property tax deferral program is to assist retired persons in maintaining their dignity and a reasonable standard of living by residing in their own homes, providing for their own needs, and managing their own affairs without requiring assistance from public welfare programs. The department of revenue shall review the adequacy and appropriateness of the interest rate provided in RCW 84.38.100 in relation to these objectives. The department shall report its findings to the finance committee of the house of representatives and the ways and means committee of the senate by December 1, 2012." [2006 c 275 § 3.] Effective date—1984 c 220: See note following RCW 84.38.120. 84.38.110 Duties of county assessor. The county assessor shall: (1) Immediately transmit one copy of each declaration to defer to the department of revenue. The department may audit any declaration and shall notify the assessor as soon as possible of any claim where any factor appears to disqualify the claimant for the deferral sought. (2) Transmit one copy of each declaration to defer a special assessment to the local improvement district which imposed such assessment. (3) Compute the dollar tax rate for the county as if any deferrals provided by this chapter did not exist. (4) As soon as possible notify the department of revenue and the county treasurer of the amount of real property taxes deferred for that year and notify the department of revenue and the respective treasurers of municipal corporations of the amount of special assessments deferred for each local improvement district within such unit. [1984 c 220 § 24; 1975 1st ex.s. c 291 § 36.] 84.38.110 84.38.120 Payments to local improvement or taxing districts. After receipt of the notification from the county assessor of the amount of deferred special assessments and/or real property taxes the department shall pay, from amounts appropriated for that purpose, to the treasurers of such municipal corporations said amounts, equivalent to the amount of special assessments and/or real property taxes deferred, to be distributed to the local improvement or taxing districts which levied the taxes so deferred: PROVIDED, That when taxes are deferred as provided in RCW 84.64.050, the department 84.38.120 (2008 Ed.) 84.38.150 shall pay to the treasurer of the county the amount equivalent to all taxes, foreclosure costs, interest, and penalties accrued to the date the declaration to defer is filed. [2000 c 103 § 27; 1988 c 222 § 13; 1984 c 220 § 25; 1975 1st ex.s. c 291 § 37.] Effective date—1984 c 220 § 23: *"Section 23 of this act shall take effect July 1, 1985." [1984 c 220 § 29.] *Reviser’s note: Due to a Senate amendment to House Bill No. 1201 (1984 c 220), "section 23" became "section 25." During enrolling, "section 23" was renumbered as "section 25" under the mandate in the amendment to "renumber the sections consecutively and correct any internal references accordingly," but the internal reference to "section 23" was not changed. "Section 23 of this act" consists of the 1984 c 220 amendment to RCW 84.38.100. "Section 25 of this act" consists of the 1984 c 220 amendment to RCW 84.38.120. 84.38.130 When deferred assessments or taxes become payable. Special assessments and/or real property tax obligations deferred under this chapter shall become payable together with interest as provided in RCW 84.38.100: (1) Upon the sale of property which has a deferred special assessment and/or real property tax lien upon it. (2) Upon the death of the claimant with an outstanding deferred special assessment and/or real property tax lien except a surviving spouse or surviving domestic partner who is qualified under this chapter may elect to incur the special assessment and/or real property tax lien which shall then be payable by that spouse or that domestic partner as provided in this section. (3) Upon the condemnation of property with a deferred special assessment and/or real property tax lien upon it by a public or private body exercising eminent domain power, except as otherwise provided in RCW 84.60.070. (4) At such time as the claimant ceases to reside permanently in the residence upon which the deferral has been granted. (5) Upon the failure of any condition set forth in RCW 84.38.030. [2008 c 6 § 704; 1984 c 220 § 26; 1975 1st ex.s. c 291 § 38.] 84.38.130 Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 84.38.140 Collection of deferred assessments or taxes. (1) The department shall collect all the amounts deferred together with interest under this chapter. However, in the event that the department is unable to collect an amount deferred together with interest, that amount deferred together with interest shall be collected by the county treasurer in the manner provided for in chapter 84.56 RCW. For purposes of collection of deferred taxes, the provisions of chapters 84.56, 84.60, and 84.64 RCW shall be applicable. (2) When any deferred special assessment and/or real property taxes together with interest are collected the moneys shall be deposited in the state general fund. [2001 c 299 § 18; 1984 c 220 § 27; 1975 1st ex.s. c 291 § 39.] 84.38.140 84.38.150 Election to continue deferral by surviving spouse or surviving domestic partner. (1) A surviving spouse or surviving domestic partner of the claimant may elect to continue the property in its deferred tax status if the property is the residence of the spouse or domestic partner of the claimant and the spouse or domestic partner meets the requirements of this chapter. 84.38.150 [Title 84 RCW—page 85] 84.38.160 Title 84 RCW: Property Taxes (2) The election under this section to continue the property in its deferred status by the spouse or the domestic partner of the claimant shall be filed in the same manner as an original claim for deferral is filed under this chapter, not later than ninety days from the date of the claimant’s death. Thereupon, the property with respect to which the deferral of special assessments and/or real property taxes is claimed shall continue to be treated as deferred property. When the property has been continued in its deferred status by the filing of the spouse or the domestic partner of the claimant of an election under this section, the spouse or the domestic partner of the claimant may continue the property in its deferred status in subsequent years by filing a claim under this chapter so long as the spouse or the domestic partner meets the qualifications set out in this section. [2008 c 6 § 705; 1975 1st ex.s. c 291 § 40.] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 84.38.160 Payment of part or all of deferred taxes authorized. Any person may at any time pay a part or all of the deferred taxes but such payment shall not affect the deferred tax status of the property. [1975 1st ex.s. c 291 § 41.] 84.38.160 84.38.170 Collection of personal property taxes not affected. Nothing in this chapter is intended to or shall be construed to prevent the collection, by foreclosure, of personal property taxes which become a lien against taxdeferred property. [1975 1st ex.s. c 291 § 42.] 84.38.170 84.38.180 Forms—Rules and regulations. The department of revenue of the state of Washington shall devise the forms and make rules and regulations consistent with chapter 34.05 RCW and the provisions of this chapter as shall be necessary or desirable to permit its effective administration. [1975 1st ex.s. c 291 § 43.] 84.38.180 84.38.900 Severability—1975 1st ex.s. c 291. note following RCW 82.04.050. See 84.38.910 Effective dates—1975 1st ex.s. c 291. note following RCW 82.04.050. See 84.38.900 84.38.910 Chapter 84.39 RCW PROPERTY TAX EXEMPTION— WIDOWS OR WIDOWERS OF VETERANS Chapter 84.39 Sections 84.39.010 84.39.020 84.39.030 84.39.040 84.39.050 84.39.060 Exemption authorized—Qualifications. Filing claim for exemption—Requirements. Continued eligibility—Renewal forms. Agent or guardian filing claim on behalf of claimant. Failure to reside on property—Repayment. Determination of assistance—Biennial budget request. 84.39.010 Exemption authorized—Qualifications. A person is entitled to a property tax exemption in the form of a grant as provided in this chapter. The person is entitled to assistance for the payment of all or a portion of the amount of excess and regular real property taxes imposed on the per84.39.010 [Title 84 RCW—page 86] son’s residence in the year in which a claim is filed in accordance with the following: (1) The claimant must meet all requirements for an exemption for the residence under RCW 84.36.381, other than the income limits under RCW 84.36.381. (2)(a) The person making the claim must be: (i) Sixty-two years of age or older on December 31st of the year in which the claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability; and (ii) A widow or widower of a veteran who: (A) Died as a result of a service-connected disability; (B) Was rated as one hundred percent disabled by the United States veterans’ administration for the ten years prior to his or her death; (C) Was a former prisoner of war as substantiated by the United States veterans’ administration and was rated as one hundred percent disabled by the United States veterans’ administration for one or more years prior to his or her death; or (D) Died on active duty or in active training status as a member of the United States uniformed services, reserves, or national guard; and (b) The person making the claim must not have remarried. (3) The claimant must have a combined disposable income of forty thousand dollars or less. (4) The claimant must have owned, at the time of filing, the residence on which the real property taxes have been imposed. For purposes of this subsection, a residence owned by cotenants shall be deemed to be owned by each cotenant. A claimant who has only a share ownership in cooperative housing, a life estate, a lease for life, or a revocable trust does not satisfy the ownership requirement. (5) A person who otherwise qualifies under this section is entitled to assistance in an amount equal to regular and excess property taxes imposed on the difference between the value of the residence eligible for exemption under RCW 84.36.381(5) and: (a) The first one hundred thousand dollars of assessed value of the residence for a person who has a combined disposable income of thirty thousand dollars or less; (b) The first seventy-five thousand dollars of assessed value of the residence for a person who has a combined disposable income of thirty-five thousand dollars or less but greater than thirty thousand dollars; or (c) The first fifty thousand dollars of assessed value of the residence for a person who has a combined disposable income of forty thousand dollars or less but greater than thirty-five thousand dollars. (6) As used in this section: (a) "Veteran" has the same meaning as provided under RCW 41.04.005. (b) The meanings attributed in RCW 84.36.383 to the terms "residence," "combined disposable income," "disposable income," and "disability" apply equally to this section. [2005 c 253 § 1.] Application—2005 c 253: "This act applies to taxes levied for collection in 2006 and thereafter." [2005 c 253 § 9.] (2008 Ed.) Listing of Property 84.39.020 Filing claim for exemption—Requirements. (1) Each claimant applying for assistance under RCW 84.39.010 shall file a claim with the department, on forms prescribed by the department, no later than thirty days before the tax is due. The department may waive this requirement for good cause shown. The department shall supply forms to the county assessor to allow persons to apply for the program at the county assessor’s office. (2) The claim shall designate the property to which the assistance applies and shall include a statement setting forth (a) a list of all members of the claimant’s household, (b) facts establishing the eligibility under this section, and (c) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter 9A.72 RCW for false swearing. The first claim shall include proof of the claimant’s age acceptable to the department. (3) The following documentation shall be filed with a claim along with any other documentation required by the department: (a) The deceased veteran’s DD 214 report of separation, or its equivalent, that must be under honorable conditions; (b) A copy of the applicant’s certificate of marriage to the deceased; (c) A copy of the deceased veteran’s death certificate; and (d) A letter from the United States veterans’ administration certifying that the death of the veteran meets the requirements of RCW 84.39.010(2). The department of veterans affairs shall assist an eligible widow or widower in the preparation and submission of an application and the procurement of necessary substantiating documentation. (4) The department shall determine if each claimant is eligible each year. Any applicant aggrieved by the department’s denial of assistance may petition the state board of tax appeals to review the denial and the board shall consider any appeals to determine (a) if the claimant is entitled to assistance and (b) the amount or portion thereof. [2005 c 253 § 2.] 84.39.020 Application—2005 c 253: See note following RCW 84.39.010. 84.39.030 Continued eligibility—Renewal forms. (1) Claims for assistance for all years following the first year may be made by filing with the department no later than thirty days before the tax is due a renewal form in duplicate, prescribed by the department, that affirms the continued eligibility of the claimant. (2) In January of each year, the department shall send to each claimant who has been granted assistance for the previous year renewal forms and notice to renew. [2005 c 253 § 3.] 84.39.030 Application—2005 c 253: See note following RCW 84.39.010. 84.39.040 Agent or guardian filing claim on behalf of claimant. If the claimant is unable to make his or her own claim, it may be made by a duly authorized agent or by a guardian or other person charged with care of the person or property of the claimant. [2005 c 253 § 4.] 84.39.040 Application—2005 c 253: See note following RCW 84.39.010. (2008 Ed.) Chapter 84.40 84.39.050 Failure to reside on property—Repayment. If the claimant receiving assistance under RCW 84.39.010 ceases to reside permanently on the property for which the claim is made between the date of filing the declaration and December 15th of that year, the amount of assistance otherwise allowable under RCW 84.39.010 shall not be allowed for that portion of the year in which the claimant was not qualified, and that amount shall constitute a lien on the property in favor of the state and shall have priority as provided in chapter 84.60 RCW until repaid to the department. [2005 c 253 § 5.] 84.39.050 Application—2005 c 253: See note following RCW 84.39.010. 84.39.060 Determination of assistance—Biennial budget request. (1) The department shall consult with the appropriate county assessors and county treasurers to determine the amount of assistance to which each claimant is eligible and the appropriate method of providing the assistance. The department shall pay, from amounts appropriated for this purpose, to the claimant, the claimant’s mortgage company, or the county treasurer, as appropriate for each claimant, the amount of assistance to which the claimant is entitled under RCW 84.39.010. (2) The department shall request in its biennial budget request an appropriation to satisfy its obligations under this section. [2005 c 253 § 6.] 84.39.060 Application—2005 c 253: See note following RCW 84.39.010. Chapter 84.40 Chapter 84.40 RCW LISTING OF PROPERTY Sections 84.40.020 84.40.025 84.40.030 84.40.0301 84.40.031 84.40.032 84.40.033 84.40.036 84.40.037 84.40.038 84.40.039 84.40.040 84.40.042 84.40.045 84.40.060 84.40.065 84.40.070 84.40.080 84.40.085 84.40.090 84.40.110 84.40.120 84.40.130 84.40.150 Assessment date—Average inventory basis may be used— Public inspection of listing, documents, and records. Access to property required. Basis of valuation, assessment, appraisal—One hundred percent of true and fair value—Exceptions—Leasehold estates—Real property—Appraisal—Comparable sales. Determination of value by public official—Review—Revaluation—Presumptions. Valuation of timber and timberlands—Criteria established. Valuation of timber and timberlands—"Timberlands" defined and declared lands devoted to reforestation. Valuation of timber and timberlands—Legislative findings. Valuation of vessels—Apportionment. Valuation of computer software—Embedded software. Petition county board of equalization—Limitation on changes to time limit—Waiver of filing deadline—Direct appeal to state board of tax appeals. Reducing valuation after government restriction—Petitioning assessor—Establishing new valuation—Notice—Appeal— Refund. Time and manner of listing. Valuation and assessment of divided or combined property. Notice of change in valuation of real property to be given taxpayer—Copy to person making payments pursuant to mortgage, contract, or deed of trust—Procedure—Penalty. Personal property assessment. Listing of taxable ships and vessels with department—Assessment—Rights of review. Companies, associations—Listing. Listing omitted property or improvements. Limitation period for assessment of omitted property or value—Notification to taxpayer of omission—Procedure. Taxing districts to be designated—Separate assessments. Examination under oath—Default listing. Oaths, who may administer—Criminal penalty for willful false listing. Penalty for failure or refusal to list—False or fraudulent listing, additional penalty. Sick or absent persons—May report to board of equalization. [Title 84 RCW—page 87] 84.40.020 84.40.160 84.40.170 84.40.175 84.40.178 84.40.185 84.40.190 84.40.200 84.40.210 84.40.220 84.40.230 84.40.240 84.40.315 84.40.320 84.40.335 84.40.340 84.40.343 84.40.344 84.40.350 84.40.360 84.40.370 84.40.380 84.40.390 84.40.405 84.40.410 Title 84 RCW: Property Taxes Manner of listing real estate—Maps. Plat of irregular subdivided tracts—Notice to owner—Surveys—Costs. Listing of exempt property—Proof of exemption—Valuation of publicly owned property. Exempt residential property—Maintenance of assessed valuation—Notice of change. Individuals, corporations, limited liability companies, associations, partnerships, trusts, or estates required to list personalty. Statement of personal property. Listing of personalty on failure to obtain statement—Statement of valuation to person assessed or listing—Exemption. Personalty of manufacturer, listing procedure, statement— "Manufacturer" defined. Merchant’s personalty held for sale—Consignment from out of state—Nursery stock assessable as growing crops. Contract to purchase public land. Annual list of lands sold or contracted to be sold to be furnished assessor. Federal agencies and property taxable when federal law permits. Detail and assessment lists to board of equalization. Lists, schedules or statements to contain declaration that falsification subject to perjury. Verification by assessor of any list, statement, or schedule— Confidentiality, penalty. Mobile homes—Identification of. Mobile homes—Avoidance of payment of tax—Penalty. Assessment and taxation of property losing exempt status. Loss of exempt status—Property subject to pro rata portion of taxes for remainder of year. Loss of exempt status—Valuation date—Extension on rolls. Loss of exempt status—When taxes due and payable—Dates of delinquency—Interest. Loss of exempt status—Taxes constitute lien on property. Rules for agricultural products and business inventories. Valuation and assessment of certain leasehold interests. Qualifications for persons assessing real property—Examination: RCW 36.21.015. 84.40.020 Assessment date—Average inventory basis may be used—Public inspection of listing, documents, and records. All real property in this state subject to taxation shall be listed and assessed every year, with reference to its value on the first day of January of the year in which it is assessed. Such listing and all supporting documents and records shall be open to public inspection during the regular office hours of the assessor’s office: PROVIDED, That confidential income data is hereby exempted from public inspection as noted in RCW 42.56.070 and 42.56.210. All personal property in this state subject to taxation shall be listed and assessed every year, with reference to its value and ownership on the first day of January of the year in which it is assessed: PROVIDED, That if the stock of goods, wares, merchandise or material, whether in a raw or finished state or in process of manufacture, owned or held by any taxpayer on January 1 of any year does not fairly represent the average stock carried by such taxpayer, such stock shall be listed and assessed upon the basis of the monthly average of stock owned or held by such taxpayer during the preceding calendar year or during such portion thereof as the taxpayer was engaged in business. [2005 c 274 § 364; 2001 c 187 § 16. Prior: 1997 c 239 § 2; 1997 c 3 § 103 (Referendum Bill No. 47, approved November 4, 1997); 1973 c 69 § 1; 1967 ex.s. c 149 § 35; 1961 c 15 § 84.40.020; prior: (i) 1939 c 137 § 1; 1925 ex.s. c 130 § 8; 1897 c 71 § 6; 1895 c 176 § 3; 1893 c 124 § 6; 1891 c 140 §§ 1, 6; 1890 p 532 § 6; Code 1881 § 2832; 1871 p 40 § 15; 1869 p 180 § 15; 1867 p 62 § 6; 1854 p 332 § 4; RRS § 11112. (ii) 1937 c 122 § 1; 1890 p 532 § 6; RRS § 11112-1.] 84.40.020 [Title 84 RCW—page 88] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Application—2001 c 187: "This act applies for [to] taxes levied in 2001 for collection in 2002 and thereafter." [2001 c 187 § 33.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.025 Access to property required. For the purpose of assessment and valuation of all taxable property in each county, any real or personal property in each county shall be subject to visitation, investigation, examination, discovery, and listing at any reasonable time by the county assessor of the county or by any employee thereof designated for this purpose by the assessor. In any case of refusal to such access, the assessor shall request assistance from the department of revenue which may invoke the power granted by chapter 84.08 RCW. [1982 1st ex.s. c 46 § 10.] 84.40.025 84.40.030 Basis of valuation, assessment, appraisal— One hundred percent of true and fair value—Exceptions—Leasehold estates—Real property—Appraisal— Comparable sales. All property shall be valued at one hundred percent of its true and fair value in money and assessed on the same basis unless specifically provided otherwise by law. Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid. The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based upon the following criteria: (1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter 36.70A RCW, zoning, and any other governmental policies or practices in effect at the time of appraisal that affect the use of property, as well as physical and environmental influences. An assessment may not be determined by a method that assumes a land usage or highest and best use not permitted, for that property being appraised, under existing zoning or land use planning ordinances or statutes or other government restrictions. The appraisal shall also take into account: (a) In the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located. Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property. 84.40.030 (2008 Ed.) Listing of Property (2) In addition to sales as defined in subsection (1) of this section, consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property, as limited by law or ordinance. Consideration should be given to any agreement, between an owner of rental housing and any government agency, that restricts rental income, appreciation, and liquidity; and to the impact of government restrictions on operating expenses and on ownership rights in general of such housing. In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection shall be the dominant factors in valuation. When provisions of this subsection are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value. (3) In valuing any tract or parcel of real property, the true and fair value of the land, exclusive of structures thereon shall be determined; also the true and fair value of structures thereon, but the valuation shall not exceed the true and fair value of the total property as it exists. In valuing agricultural land, growing crops shall be excluded. [2007 c 301 § 2; 2001 c 187 § 17; 1998 c 320 § 9. Prior: 1997 c 429 § 34; 1997 c 134 § 1; 1997 c 3 § 104 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 124 § 20; 1993 c 436 § 1; 1988 c 222 § 14; 1980 c 155 § 2; prior: 1973 1st ex.s. c 195 § 96; 1973 1st ex.s. c 187 § 1; 1972 ex.s. c 125 § 2; 1971 ex.s. c 288 § 1; 1971 ex.s. c 43 § 1; 1961 c 15 § 84.40.030; prior: 1939 c 206 § 15; 1925 ex.s. c 130 § 52; 1919 c 142 § 4; 1913 c 140 § 1; 1897 c 71 § 42; 1893 c 124 § 44; 1891 c 140 § 44; 1890 p 547 § 48; RRS § 11135. FORMER PART OF SECTION: 1939 c 116 § 1, part, now codified in RCW 84.40.220.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Severability—1997 c 429: See note following RCW 36.70A.3201. Application—1997 c 3: "(1) Sections 101 through 126 of this act apply to taxes levied for collection in 1999 and thereafter. (2) Sections 201 through 207 of this act apply to taxes levied for collection in 1998 and thereafter." [1997 c 3 § 501 (Referendum Bill No. 47, approved November 4, 1997).] Severability—1997 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 3 § 502 (Referendum Bill No. 47, approved November 4, 1997).] Part headings not law—1997 c 3: "Part headings used in this act are not any part of the law." [1997 c 3 § 503 (Referendum Bill No. 47, approved November 4, 1997).] Referral to electorate—1997 c 3: "Except for section 401 of this act, the secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation." [1997 c 3 § 504.] 1997 c 3 (this act) was adopted and ratified by the people at the November 4, 1997, general election (Referendum Bill No. 47). Effective date—Applicability—1980 c 155: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately and shall be effective for assessments made in 1980 and years thereafter." [1980 c 155 § 8.] (2008 Ed.) 84.40.032 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Severability—Construction—1973 1st ex.s. c 187: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this 1973 amendatory act, or the application of the provision to other persons or circumstances is not affected: PROVIDED, That if the leasehold in lieu excise tax imposed by section 4 of this 1973 amendatory act is held invalid, the entirety of the act, except for section 3 and section 15, shall be null and void." [1973 1st ex.s. c 187 § 13.] Severability—1972 ex.s. c 125: See note following RCW 84.40.045. Savings—1971 ex.s. c 288: "The amendment or repeal of any statutes by this 1971 amendatory act shall not be construed as invalidating, abating or otherwise affecting any existing right acquired or any liability or obligation incurred under the provisions of the statutes amended or repealed. Such amendment or repeals shall not affect the right of any person to make a claim for exemption during the calendar year 1971 pursuant to RCW 84.36.128." [1971 ex.s. c 288 § 12.] Severability—1971 ex.s. c 288: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 288 § 28.] Severability—1971 ex.s. c 43: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 43 § 6.] 84.40.0301 84.40.0301 Determination of value by public official—Review—Revaluation—Presumptions. Upon review by any court, or appellate body, of a determination of the valuation of property for purposes of taxation, it shall be presumed that the determination of the public official charged with the duty of establishing such value is correct but this presumption shall not be a defense against any correction indicated by clear, cogent and convincing evidence. [1994 c 301 § 35; 1971 ex.s. c 288 § 2.] Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.40.031 84.40.031 Valuation of timber and timberlands— Criteria established. Based upon the study as directed by house concurrent resolution No. 10 of the thirty-seventh session of the legislature relating to the taxation of timber and timberlands, the legislature hereby establishes the criteria set forth in RCW 84.40.031 through 84.40.033 as standards for the valuation of timber and timberlands for tax purposes. [1983 c 3 § 228; 1963 c 249 § 1.] Severability—1963 c 249: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of this act, or the application of the provisions to other persons or circumstances is not affected." [1963 c 249 § 6.] 84.40.032 84.40.032 Valuation of timber and timberlands— "Timberlands" defined and declared lands devoted to reforestation. As used in RCW 84.40.031 through 84.40.033 "timberlands" means land primarily suitable and used for growing a continuous supply of forest products, whether such lands be cutover, selectively harvested, or contain merchantable or immature timber, and includes the timber thereon. Timberlands are lands devoted to reforestation within the meaning of Article VII, section 1 of the state Constitution as amended. [1983 c 3 § 229; 1963 c 249 § 2.] Severability—1963 c 249: See note following RCW 84.40.031. [Title 84 RCW—page 89] 84.40.033 Title 84 RCW: Property Taxes 84.40.033 Valuation of timber and timberlands— Legislative findings. It is hereby found and declared that: (1) Timber constitutes the primary renewable resource of this state. (2) It is the public policy of this state that timberlands be managed in such a way as to assure a continuous supply of forest products. (3) It is in the public interest that forest valuation and taxation policy encourage and permit timberland owners to manage their lands to sustain maximum production of raw materials for the forest industry, to maintain other public benefits, and to maintain a stable and equitable tax base. (4) Forest management entails continuous and accumulative burdens of taxes, protection, management costs, interest on investment, and risks of loss from fire, insects, disease and the elements over long periods of time prior to harvest and realization of income. (5) Existing timberland valuation and taxation procedures under the general property tax system are consistent with the public interest and the public policy herein set forth only when due consideration and recognition is given to all relevant factors in determining the true and fair value in money of each tract or lot of timberland. (6) To assure equality and uniformity of taxation of timberland, uniform principles should be applied for determining the true and fair value in money of such timberlands, taking into account all pertinent factors such as regional differences in species and growing conditions. (7) The true and fair value in money of timberlands must be determined through application of sound valuation principles based upon the highest and best use of such properties. The highest and best use of timberlands, whether cut-over, selectively harvested, or containing merchantable or immature timber, is to manage, protect and harvest them in a manner which will realize the greatest economic value and assure the maximum continuous supply of forest products. This requires that merchantable timber originally on timberlands be harvested gradually to maintain a continuous supply until immature timber reaches the optimum age or size for harvesting, that immature timber on timberlands be managed and protected for extensive periods until it reaches such optimum age or size and that such timberlands be continually restocked as harvested. (8) Reforestation entails an integrated forest management program which includes gradual harvesting of existing merchantable timber, management and protection of immature timber during its growth cycle until it reaches the optimum size or age for harvesting and a continual preparation and restocking of areas after harvest. Such management of timberlands is now generally followed and practiced in this state and it is in the public interest that such management be continued and encouraged. (9) The prices at which merchantable timber is sold generally reflect values based upon immediate harvesting, and the prices at which both merchantable and immature timber are sold frequently reflect circumstances peculiar to the particular purchaser. Such prices generally make little or no allowance for the continuous and accumulative burdens of taxes, protection, management costs, interest on investment, and risks of loss from fire, insects, disease, and the elements which must be borne by the owner of timberlands over long 84.40.033 [Title 84 RCW—page 90] periods of time prior to the time timber is harvested and income is realized. Such prices do not, therefore, provide a reliable measure of the true and fair value in money. Accordingly, both the public policy and the public interest of this state and sound principles of timber valuation require that in the determination of the true and fair value in money of such properties appropriate and full allowance be made for such continuous and accumulative burdens over the period of time between assessment and harvest. [1963 c 249 § 3.] Severability—1963 c 249: See note following RCW 84.40.031. 84.40.036 Valuation of vessels—Apportionment. (1) As used in this section, "apportionable vessel" means a ship or vessel which is: (a) Engaged in interstate commerce; (b) Engaged in foreign commerce; and/or (c) Engaged exclusively in fishing, tendering, harvesting, and/or processing seafood products on the high seas or waters under the jurisdiction of other states. (2) The value of each apportionable vessel shall be apportioned to this state based on the number of days or fractions of days that the vessel is within this state during the preceding calendar year: PROVIDED, That if the total number of days the vessel is within the limits of the state does not exceed one hundred twenty for the preceding calendar year, no value shall be apportioned to this state. For the purposes of this subsection (2), a fraction of a day means more than sixteen hours in a calendar day. (3) Time during which an apportionable vessel is in the state for one or more of the following purposes shall not be considered as time within this state, if the length of time is reasonable for the purpose: (a) Undergoing repair or alteration; (b) Taking on or discharging cargo, passengers, or supplies; and (c) Serving as a tug for a vessel under (a) or (b) of this subsection. (4) Days during which an apportionable vessel leaves this state only while navigating the high seas in order to travel between points in this state shall be considered as days within this state. [1998 c 335 § 6; 1986 c 229 § 2.] 84.40.036 Effective date—1998 c 335: See note following RCW 84.12.200. Application—1986 c 229: See note following RCW 84.36.080. Listing of taxable ships and vessels with department: RCW 84.40.065. Partial exemption for ships and vessels: RCW 84.36.080. 84.40.037 Valuation of computer software—Embedded software. (1) Computer software, except embedded software, shall be valued in the first year of taxation at one hundred percent of the acquisition cost of the software and in the second year at fifty percent of the acquisition cost. Computer software, other than embedded software, shall have no value for purposes of property taxation after the second year. (2) Embedded software is a part of the computer system or other machinery or equipment in which it is housed and shall be valued in the same manner as the machinery or equipment. [1991 sp.s. c 29 § 4.] 84.40.037 Findings, intent—Severability—Application—1991 sp.s. c 29: See notes following RCW 84.04.150. (2008 Ed.) Listing of Property 84.40.038 Petition county board of equalization— Limitation on changes to time limit—Waiver of filing deadline—Direct appeal to state board of tax appeals. (1) The owner or person responsible for payment of taxes on any property may petition the county board of equalization for a change in the assessed valuation placed upon such property by the county assessor or for any other reason specifically authorized by statute. Such petition must be made on forms prescribed or approved by the department of revenue and any petition not conforming to those requirements or not properly completed shall not be considered by the board. The petition must be filed with the board on or before July 1st of the year of the assessment or determination, within thirty days after the date an assessment, value change notice, or other notice has been mailed, or within a time limit of up to sixty days adopted by the county legislative authority, whichever is later. If a county legislative authority sets a time limit, the authority may not change the limit for three years from the adoption of the limit. (2) The board of equalization may waive the filing deadline if the petition is filed within a reasonable time after the filing deadline and the petitioner shows good cause for the late filing. The decision of the board of equalization regarding a waiver of the filing deadline is final and not appealable under RCW 84.08.130. Good cause may be shown by one or more of the following events or circumstances: (a) Death or serious illness of the taxpayer or his or her immediate family; (b) The taxpayer was absent from the address where the taxpayer normally receives the assessment or value change notice, was absent for more than fifteen days of the days allowed in subsection (1) of this section before the filing deadline, and the filing deadline is after July 1; (c) Incorrect written advice regarding filing requirements received from board of equalization staff, county assessor’s staff, or staff of the property tax advisor designated under RCW 84.48.140; (d) Natural disaster such as flood or earthquake; (e) Delay or loss related to the delivery of the petition by the postal service, and documented by the postal service; or (f) Other circumstances as the department may provide by rule. (3) The owner or person responsible for payment of taxes on any property may request that the appeal be heard by the state board of tax appeals without a hearing by the county board of equalization when the assessor, the owner or person responsible for payment of taxes on the property, and a majority of the county board of equalization agree that a direct appeal to the state board of tax appeals is appropriate. The state board of tax appeals may reject the appeal, in which case the county board of equalization shall consider the appeal under RCW 84.48.010. Notice of such a rejection, together with the reason therefor, shall be provided to the affected parties and the county board of equalization within thirty days of receipt of the direct appeal by the state board. [2001 c 185 § 11; 1997 c 294 § 1; 1994 c 123 § 4; 1992 c 206 § 11; 1988 c 222 § 19.] 84.40.038 Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. Applicability—1994 c 123: See note following RCW 84.36.815. Effective date—1992 c 206: See note following RCW 82.04.170. (2008 Ed.) 84.40.040 Effective date—1988 c 222: See note following RCW 84.40.040. 84.40.039 Reducing valuation after government restriction—Petitioning assessor—Establishing new valuation—Notice—Appeal—Refund. (1) The owner or person responsible for payment of taxes on any real property may petition the assessor for a reduction in the assessed value of the real property at any time within three years of adoption of a restriction by a government entity. (2) Notwithstanding the revaluation cycle for the county, the assessor shall reconsider the valuation of the real property within one hundred twenty days of the filing of a petition under subsection (1) of this section. If the new valuation is established for the real property after this review, the assessor shall notify the property owner in the manner provided in RCW 84.40.045. Unless the real property would otherwise be revalued that year as a result of the revaluation cycle or new construction, the valuation of the real property shall not be increased as a result of this revaluation. If the new valuation is established after June 1st in any year, the new valuation shall be used for purposes of imposing property taxes in the following year, but the property owner shall be eligible for a refund under RCW 84.69.020. (3) A new valuation established under this section may be appealed under RCW 84.40.038. (4) If the assessor reduces the valuation of real property using the process under this section, the property owner shall be entitled to a refund on property taxes paid on this property calculated as follows: (a) A property owner is entitled to receive a refund for each year after the restriction was adopted, but not to exceed three years, that the taxpayer paid property taxes on the real property based upon the prior higher valuation; and (b) The amount of the refund in each year shall be the amount of reduced valuation on the real property for that year, multiplied by the rate of property taxes imposed on the property in that year. (5) As used in this section, "restriction" means a limitation, requirement, regulation, or restriction that limits the use of the property, including those imposed by the application of ordinances, resolutions, rules, regulations, policies, statutes, and conditions of land use approval. [1998 c 306 § 1.] 84.40.039 84.40.040 Time and manner of listing. The assessor shall begin the preliminary work for each assessment not later than the first day of December of each year in all counties in the state. The assessor shall also complete the duties of listing and placing valuations on all property by May 31st of each year, except that the listing and valuation of construction and mobile homes under RCW 36.21.080 and 36.21.090 shall be completed by August 31st of each year, and in the following manner, to wit: The assessor shall actually determine as nearly as practicable the true and fair value of each tract or lot of land listed for taxation and of each improvement located thereon and shall enter one hundred percent of the true and fair value of such land and value of such improvements, together with the total of such one hundred percent valuations, opposite each description of property on the assessment list and tax roll. The assessor shall make an alphabetical list of the names of all persons in the county liable to assessment of personal 84.40.040 [Title 84 RCW—page 91] 84.40.042 Title 84 RCW: Property Taxes property, and require each person to make a correct list and statement of such property according to the standard form prescribed by the department of revenue, which statement and list shall include, if required by the form, the year of acquisition and total original cost of personal property in each category of the prescribed form. However, the assessor may list and value improvements on publicly owned land in the same manner as real property is listed and valued, including conformance with the revaluation program required under chapter 84.41 RCW. Such list and statement shall be filed on or before the last day of April. The assessor shall on or before the 1st day of January of each year mail, or electronically transmit, a notice to all such persons at their last known address that such statement and list is required. This notice must be accompanied by the form on which the statement or list is to be made. The notice mailed, or electronically transmitted, by the assessor to each taxpayer each year shall, if practicable, include the statement and list of personal property of the taxpayer for the preceding year. Upon receipt of such statement and list the assessor shall thereupon determine the true and fair value of the property included in such statement and enter one hundred percent of the same on the assessment roll opposite the name of the party assessed; and in making such entry in the assessment list, the assessor shall give the name and post office address of the party listing the property, and if the party resides in a city the assessor shall give the street and number or other brief description of the party’s residence or place of business. The assessor may, after giving written notice of the action to the person to be assessed, add to the assessment list any taxable property which should be included in such list. [2003 c 302 § 1; 2001 c 187 § 18; 1997 c 3 § 106 (Referendum Bill No. 47, approved November 4, 1997); 1988 c 222 § 15; 1982 1st ex.s. c 46 § 5; 1973 1st ex.s. c 195 § 97; 1967 ex.s. c 149 § 36; 1961 c 15 § 84.40.040. Prior: 1939 c 206 § 16, part; 1925 ex.s. c 130 § 57, part; 1897 c 71 § 46, part; 1895 c 176 § 5, part; 1893 c 124 § 48, part; 1891 c 140 § 48, part; RRS § 11140, part.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1988 c 222: "Sections 15, 17, 19, 20, 21, 28, and 30 of this act shall take effect January 1, 1989." [1988 c 222 § 35.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.042 Valuation and assessment of divided or combined property. (1) When real property is divided in accordance with chapter 58.17 RCW, the assessor shall carefully investigate and ascertain the true and fair value of each lot and assess each lot on that same basis, unless specifically provided otherwise by law. For purposes of this section, "lot" has the same definition as in RCW 58.17.020. (a) For each lot on which an advance tax deposit has been paid in accordance with RCW 58.08.040, the assessor shall establish the true and fair value by October 30th of the 84.40.042 [Title 84 RCW—page 92] year following the recording of the plat, replat, or altered plat. The value established shall be the value of the lot as of January 1st of the year the original parcel of real property was last revalued. An additional property tax shall not be due on the land until the calendar year following the year for which the advance tax deposit was paid if the deposit was sufficient to pay the full amount of the taxes due on the property. (b) For each lot on which an advance tax deposit has not been paid, the assessor shall establish the true and fair value not later than the calendar year following the recording of the plat, map, subdivision, or replat. For purposes of this section, "subdivision" means a division of land into two or more lots. (c) For each subdivision, all current year and delinquent taxes and assessments on the entire tract must be paid in full in accordance with RCW 58.17.160 and 58.08.030 except when property is being acquired by a government for public use. For purposes of this section, "current year taxes" means taxes that are collectible under RCW 84.56.010 subsequent to February 14th. (2) When the assessor is required by law to segregate any part or parts of real property, assessed before or after July 27, 1997, as one parcel or when the assessor is required by law to combine parcels of real property assessed before or after July 27, 1997, as two or more parcels, the assessor shall carefully investigate and ascertain the true and fair value of each part or parts of the real property and each combined parcel and assess each part or parts or each combined parcel on that same basis. [2008 c 17 § 1; 2002 c 168 § 8; 1997 c 393 § 17.] 84.40.045 Notice of change in valuation of real property to be given taxpayer—Copy to person making payments pursuant to mortgage, contract, or deed of trust— Procedure—Penalty. The assessor shall give notice of any change in the true and fair value of real property for the tract or lot of land and any improvements thereon no later than thirty days after appraisal: PROVIDED, That no such notice shall be mailed during the period from January 15 to February 15 of each year: PROVIDED FURTHER, That no notice need be sent with respect to changes in valuation of forest land made pursuant to chapter 84.33 RCW. The notice shall contain a statement of both the prior and the new true and fair value, stating separately land and improvement values, and a brief statement of the procedure for appeal to the board of equalization and the time, date, and place of the meetings of the board. The notice shall be mailed by the assessor to the taxpayer. If any taxpayer, as shown by the tax rolls, holds solely a security interest in the real property which is the subject of the notice, pursuant to a mortgage, contract of sale, or deed of trust, such taxpayer shall, upon written request of the assessor, supply, within thirty days of receipt of such request, to the assessor the name and address of the person making payments pursuant to the mortgage, contract of sale, or deed of trust, and thereafter such person shall also receive a copy of the notice provided for in this section. Willful failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to a maximum civil penalty of five thousand dollars. The penalties provided for herein shall be recoverable in an action by the county prosecutor, and when recovered shall be deposited in the county 84.40.045 (2008 Ed.) Listing of Property 84.40.085 current expense fund. The assessor shall make the request provided for by this section during the month of January. [2001 c 187 § 19; 1997 c 3 § 107 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 36; 1977 ex.s. c 181 § 1; 1974 ex.s. c 187 § 8; 1972 ex.s. c 125 § 1; 1971 ex.s. c 288 § 16; 1967 ex.s. c 146 § 10.] or disputing whether the ship or vessel is subject to taxation under this section shall have the same rights of review as any other ship or vessel owner subject to the excise tax contained in chapter 82.49 RCW in accordance with RCW 82.49.060. [1993 c 33 § 2; 1986 c 229 § 3; 1984 c 250 § 5. Formerly RCW 84.08.200.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Effective date—1993 c 33: See note following RCW 82.49.060. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Severability—1974 ex.s. c 187: See note following RCW 84.33.110. Severability—1972 ex.s. c 125: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1972 ex.s. c 125 § 4.] Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.40.060 Personal property assessment. Upon receipt of the statement of personal property, the assessor shall assess the value of such property. If any property is listed or assessed on or after the 31st day of May, the same shall be legal and binding as if listed and assessed before that time. [2003 c 302 § 2; 1988 c 222 § 16; 1967 ex.s. c 149 § 37; 1961 c 15 § 84.40.060. Prior: 1939 c 206 § 17; 1925 ex.s. c 130 § 58; 1897 c 71 § 47; 1893 c 124 § 49; 1891 c 140 § 49; 1890 p 548 § 49; RRS § 11141.] 84.40.060 Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.065 Listing of taxable ships and vessels with department—Assessment—Rights of review. (1) Every individual, corporation, association, partnership, trust, and estate shall list with the department of revenue all ships and vessels which are subject to their ownership, possession, or control and which are not entirely exempt from property taxation, and such listing shall be subject to the same requirements and penalties provided in this chapter for all other personal property in the same manner as provided in this chapter, except as may be specifically provided otherwise with respect to ships and vessels. (2) The listing of ships and vessels shall be accomplished in the manner and upon forms prescribed by the department. Upon listing, the department shall assign a tax identification number for each vessel listed. (3) The department shall assess all ships and vessels and shall, on or before January 31st of each year, mail to the owner of a ship or vessel, or to the person listing the ship or vessel if different from the owner, a notice showing the valuation of the ship or vessel assessed. Taxes due the following year shall be based upon the valuation. On or after February 15, but no later than thirty days before April 30, the department shall mail to the owner of a ship or vessel, or to the person listing the ship or vessel if different from the owner, a tax statement showing the valuation for the previous year of the ship or vessel assessed and the amount of tax owed for the current year. (4) Any ship or vessel owner, or person listing the ship or vessel if different from the owner, disputing the assessment 84.40.065 (2008 Ed.) Application—1986 c 229: See note following RCW 84.36.080. Collection of ad valorem taxes: RCW 84.56.440. Partial exemption for ships and vessels: RCW 84.36.080. Valuation of vessels—Apportionment: RCW 84.40.036. 84.40.070 Companies, associations—Listing. The president, secretary or principal accounting officer or agent of any company or association, whether incorporated or unincorporated, except as otherwise provided for in this title, shall make out and deliver to the assessor a statement of its property, setting forth particularly (1) the name and location of the company or association; (2) the real property of the company or association, and where situated; and (3) the nature and value of its personal property. The real and personal property of such company or association shall be assessed the same as other real and personal property. In all cases of failure or refusal of any person, officer, company, or association to make such return or statement, it shall be the duty of the assessor to make such return or statement from the best information he can obtain. [2003 c 302 § 3; 1961 c 15 § 84.40.070. Prior: 1925 ex.s. c 130 § 27; 1897 c 71 § 20; 1893 c 124 § 20; 1891 c 140 § 20; 1890 p 538 § 21; Code 1881 § 2839; RRS § 11131.] 84.40.070 84.40.080 Listing omitted property or improvements. An assessor shall enter on the assessment roll in any year any property shown to have been omitted from the assessment roll of any preceding year, at the value for the preceding year, or if not then valued, at such value as the assessor shall determine for the preceding year, and such value shall be stated separately from the value of any other year. Where improvements have not been valued and assessed as a part of the real estate upon which the same may be located, as evidenced by the assessment rolls, they may be separately valued and assessed as omitted property under this section. No such assessment shall be made in any case where a bona fide purchaser, encumbrancer, or contract buyer has acquired any interest in said property prior to the time such improvements are assessed. When such an omitted assessment is made, the taxes levied thereon may be paid within one year of the due date of the taxes for the year in which the assessment is made without penalty or interest. In the assessment of personal property, the assessor shall assess the omitted value not reported by the taxpayer as evidenced by an inspection of either the property or the books and records of said taxpayer by the assessor. [1995 c 134 § 14. Prior: 1994 c 301 § 37; 1994 c 124 § 21; 1973 2nd ex.s. c 8 § 1; 1961 c 15 § 84.40.080; prior: 1951 1st ex.s. c 8 § 1; 1925 ex.s. c 130 § 59; 1897 c 71 § 48; RRS § 11142.] 84.40.080 84.40.085 Limitation period for assessment of omitted property or value—Notification to taxpayer of omission—Procedure. No omitted property or omitted value 84.40.085 [Title 84 RCW—page 93] 84.40.090 Title 84 RCW: Property Taxes assessment shall be made for any period more than three years preceding the year in which the omission is discovered. The assessor, upon discovery of such omission, shall forward a copy of the amended personal property affidavit along with a letter of particulars informing the taxpayer of the findings and of the taxpayer’s right of appeal to the county board of equalization. Upon request of either the taxpayer or the assessor, the county board of equalization may be reconvened to act on the omitted property or omitted value assessments. [1994 c 124 § 22; 1973 2nd ex.s. c 8 § 2.] 84.40.090 Taxing districts to be designated—Separate assessments. It shall be the duty of assessors, when assessing real or personal property, to designate the name or number of each taxing district in which each person and each description of property assessed is liable for taxes. When the real and personal property of any person is assessable in several taxing districts, the amount in each shall be assessed separately. [1994 c 301 § 38; 1961 c 15 § 84.40.090. Prior: 1925 ex.s. c 130 § 62; 1897 c 71 § 51; 1893 c 124 § 52; 1891 c 140 § 52; 1890 p 551 § 57; RRS § 11145.] 84.40.090 84.40.110 Examination under oath—Default listing. When the assessor shall be of opinion that the person listing property for himself or for any other person, company or corporation, has not made a full, fair and complete list of such property, he may examine such person under oath in regard to the amount of the property he is required to list, and if such person shall refuse to answer under oath, and a full discovery make, the assessor may list the property of such person, or his principal, according to his best judgment and information. [1961 c 15 § 84.40.110. Prior: 1925 ex.s. c 130 § 24; 1897 c 71 § 17; 1893 c 124 § 17; 1891 c 140 § 17; 1890 p 535 § 15; Code 1881 § 2831; 1867 p 62 § 8; RRS § 11128.] 84.40.110 84.40.120 Oaths, who may administer—Criminal penalty for willful false listing. (1) Any oath authorized to be administered under this title may be administered by any assessor or deputy assessor, or by any other officer having authority to administer oaths. (2) Any person willfully making a false list, schedule, or statement under oath is guilty of perjury under chapter 9A.72 RCW. [2003 c 53 § 409; 1961 c 15 § 84.40.120. Prior: 1925 ex.s. c 130 § 67; 1897 c 71 § 57; 1893 c 124 § 58; 1891 c 140 § 58; 1890 p 553 § 63; RRS § 11150.] 84.40.120 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 84.40.130 Penalty for failure or refusal to list—False or fraudulent listing, additional penalty. (1) If any person or corporation shall fail or refuse to deliver to the assessor, on or before the date specified in RCW 84.40.040, a list of the taxable personal property which is required to be listed under this chapter, unless it is shown that such failure is due to reasonable cause and not due to wilful neglect, there shall be added to the amount of tax assessed against the taxpayer on account of such personal property five percent of the amount of such tax, not to exceed fifty dollars per calendar day, if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof during 84.40.130 [Title 84 RCW—page 94] which such failure continues not exceeding twenty-five percent in the aggregate. Such penalty shall be collected in the same manner as the tax to which it is added and distributed in the same manner as other property tax interest and penalties. (2) If any person or corporation shall wilfully give a false or fraudulent list, schedule or statement required by this chapter, or shall, with intent to defraud, fail or refuse to deliver any list, schedule or statement required by this chapter, such person or corporation shall be liable for the additional tax properly due or, in the case of wilful failure or refusal to deliver such list, schedule or statement, the total tax properly due; and in addition such person or corporation shall be liable for a penalty of one hundred percent of such additional tax or total tax as the case may be. Such penalty shall be in lieu of the penalty provided for in subsection (1) of this section. A person or corporation giving a false list, schedule or statement shall not be subject to this penalty if it is shown that the misrepresentations contained therein are entirely attributable to reasonable cause. The taxes and penalties provided for in this subsection shall be recovered in an action in the name of the state of Washington on the complaint of the county assessor or the county legislative authority and shall, when collected, be paid into the county treasury to the credit of the current expense fund. The provisions of this subsection shall be additional and supplementary to any other provisions of law relating to recovery of property taxes. [2004 c 79 § 5; 1988 c 222 § 17; 1967 ex.s. c 149 § 38; 1961 c 15 § 84.40.130. Prior: 1925 ex.s. c 130 § 51; 1897 c 71 § 41; 1893 c 124 § 41; 1891 c 140 § 41; 1890 p 546 § 45; Code 1881 § 2835; RRS § 11132.] Effective date—1988 c 222: See note following RCW 84.40.040. Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.150 84.40.150 Sick or absent persons—May report to board of equalization. If any person required to list property for taxation and provide the assessor with the list, is prevented by sickness or absence from giving to the assessor such statement, such person or his or her agent having charge of such property, may, at any time before the close of the session of the board of equalization, make out and deliver to said board a statement of the same as required by this title, and the board shall, in such case, make an entry thereof, and correct the corresponding item or items in the return made by the assessor, as the case may require; but no such statement shall be received by the said board from any person who refused or neglected to make oath to his or her statement when required by the assessor as provided herein; nor from any person unless he or she makes and files with the said board an affidavit that he or she was absent from his or her county, without design to avoid the listing of his or her property, or was prevented by sickness from giving the assessor the required statement when called on for that purpose. [1993 c 33 § 3; 1961 c 15 § 84.40.150. Prior: 1925 ex.s. c 130 § 66; 1897 c 71 § 55; 1893 c 124 § 56; 1891 c 141 § 56; 1890 p 553 § 62; RRS § 11149.] Effective date—1993 c 33: See note following RCW 82.49.060. (2008 Ed.) Listing of Property 84.40.160 Manner of listing real estate—Maps. The assessor shall list all real property according to the largest legal subdivision as near as practicable. The assessor shall make out in the plat and description book in numerical order a complete list of all lands or lots subject to taxation, showing the names and owners, if to him known and if unknown, so stated; the number of acres and lots or parts of lots included in each description of property and the value per acre or lot: PROVIDED, That the assessor shall give to each tract of land where described by metes and bounds a number, to be designated as Tax No. . . . ., which said number shall be placed on the tax rolls to indicate that certain piece of real property bearing such number, and described by metes and bounds in the plat and description book herein mentioned, and it shall not be necessary to enter a description by metes and bounds on the tax roll of the county, and the assessor’s plat and description book shall be kept as a part of the tax collector’s records: AND PROVIDED, FURTHER, That the board of county commissioners of any county may by order direct that the property be listed numerically according to lots and blocks or section, township and range, in the smallest platted or government subdivision, and when so listed the value of each block, lot or tract, the value of the improvements thereon and the total value thereof, including improvements thereon, shall be extended after the description of each lot, block or tract, which last extension shall be in the column headed "Total value of each tract, lot or block of land assessed with improvements as returned by the assessor." In carrying the values of said property into the column representing the equalized value thereof, the county assessor shall include and carry over in one item the equalized valuation of all lots in one block, or land in one section, listed consecutively, which belong to any one person, firm or corporation, and are situated within the same taxing district, and in the assessed value of which the county board of equalization has made no change. Where assessed valuations are changed, the equalized valuation must be extended and shown by item. The assessor shall prepare and possess a complete set of maps drawn to indicate parcel configuration for lands in the county. The assessor shall continually update the maps to reflect transfers, conveyances, acquisitions, or any other transaction or event that changes the boundaries of any parcel and shall renumber the parcels or prepare new map pages for any portion of the maps to show combinations or divisions of parcels. [1997 c 135 § 1; 1961 c 15 § 84.40.160. Prior: 1925 ex.s. c 130 § 54; 1901 c 79 § 1; 1899 c 141 § 3; 1897 c 71 § 43; 1895 c 176 § 4; 1893 c 124 § 45; 1891 c 140 § 45; 1890 p 548 § 49; RRS § 11137.] 84.40.160 84.40.170 Plat of irregular subdivided tracts—Notice to owner—Surveys—Costs. (1) In all cases of irregular subdivided tracts or lots of land other than any regular government subdivision the assessor shall outline a plat of such tracts or lots and notify the owner or owners thereof with a request to have the same surveyed by the county engineer, and cause the same to be platted into numbered (or lettered) lots or tracts. If any county has in its possession the correct field notes of any such tract or lot of land a new survey shall not be necessary and such tracts may be mapped from such field notes. In case the owner of such tracts or lots neglects or refuses to have the same surveyed or platted, the assessor 84.40.170 (2008 Ed.) 84.40.178 shall notify the county legislative authority in and for the county, who may order and direct the county engineer to make the proper survey and plat of the tracts and lots. A plat shall be made on which said tracts or lots of land shall be accurately described by lines, and numbered (or lettered), which numbers (or letters) together with number of the section, township and range shall be distinctly marked on such plat, and the field notes of all such tracts or lots of land shall describe each tract or lot according to the survey, and such tract or lot shall be numbered (or lettered) to correspond with its number (or letter) on the map. The plat shall be given a designated name by the surveyor thereof. When the survey, plat, field notes and name of plat, shall have been approved by the county legislative authority, the plat and field notes shall be filed and recorded in the office of the county auditor, and the description of any tract or lot of land described in said plats by number (or letter), section, township and range, shall be a sufficient and legal description for revenue and all other purposes. (2) Upon the request of eighty percent of the owners of the property to be surveyed and the approval of the county legislative authority, the county assessor may charge for actual costs and file a lien against the subject property if the costs are not repaid within ninety days of notice of completion, which may be collected as if such charges had been levied as a property tax. [1994 c 301 § 39; 1994 c 124 § 23; 1961 c 15 § 84.40.170. Prior: 1925 ex.s. c 130 § 53; 1901 c 124 §§ 1, 2, 3; 1891 c 140 § 45; RRS § 11136.] Reviser’s note: This section was amended by 1994 c 124 § 23 and by 1994 c 301 § 39, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 84.40.175 Listing of exempt property—Proof of exemption—Valuation of publicly owned property. At the time of making the assessment of real property, the assessor shall enter each description of property exempt under the provisions of chapter 84.36 RCW, and value and list the same in the manner and subject to the same rule as the assessor is required to assess all other property, designating in each case to whom such property belongs. However, with respect to publicly owned property exempt from taxation under provisions of RCW 84.36.010, the assessor shall value only such property as is leased to or occupied by a private person under an agreement allowing such person to occupy or use such property for a private purpose when a request for such valuation is received from the department of revenue or the lessee of such property for use in determining the taxable rent as provided for in chapter 82.29A RCW: PROVIDED FURTHER, That this section shall not prohibit any assessor from valuing any public property leased to or occupied by a private person for private purposes. [1994 c 124 § 24; 1986 c 285 § 3; 1975-’76 2nd ex.s. c 61 § 15; 1961 c 15 § 84.40.175. Prior: 1925 ex.s. c 130 § 9; 1891 c 140 § 5; 1890 p 532 § 5; RRS § 11113. Formerly RCW 84.36.220.] 84.40.175 Leasehold excise tax: Chapter 82.29A RCW. 84.40.178 Exempt residential property—Maintenance of assessed valuation—Notice of change. The assessor shall maintain an assessed valuation in accordance with the approved revaluation cycle for a residence owned by a 84.40.178 [Title 84 RCW—page 95] 84.40.185 Title 84 RCW: Property Taxes person qualifying for exemption under RCW 84.36.381 in addition to the valuation required under RCW 84.36.381(6). Upon a change in the true and fair value of the residence, the assessor shall notify the person qualifying for exemption under RCW 84.36.381 of the new true and fair value and that the new true and fair value will be used to compute property taxes if the property fails to qualify for exemption under RCW 84.36.381. [1995 1st sp.s. c 8 § 3.] Application—Severability—Effective date—1995 1st sp.s. c 8: See notes following RCW 84.36.381. 84.40.185 Individuals, corporations, limited liability companies, associations, partnerships, trusts, or estates required to list personalty. Every individual, corporation, limited liability company, association, partnership, trust, or estate shall list all personal property in his or its ownership, possession, or control which is subject to taxation pursuant to the provisions of this title. Such listing shall be made and delivered in accordance with the provisions of this chapter. [1995 c 318 § 5; 1967 ex.s. c 149 § 41.] 84.40.185 Effective date—1995 c 318: See note following RCW 82.04.030. Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.190 Statement of personal property. Every person required by this title to list property shall make out and deliver to the assessor, or to the department as required by RCW 84.40.065, either in person, by mail, or by electronic transmittal if available, a statement of all the personal property in his or her possession or under his or her control, and which, by the provisions of this title, he or she is required to list for taxation, either as owner or holder thereof. When any list, schedule, or statement is made, the principal required to make out and deliver the same shall be responsible for the contents and the filing thereof and shall be liable for the penalties imposed pursuant to RCW 84.40.130. No person shall be required to list for taxation in his statement to the assessor any share or portion of the capital stock, or of any of the property of any company, association or corporation, which such person may hold in whole or in part, where such company, being required so to do, has listed for assessment and taxation its capital stock and property with the department of revenue, or as otherwise required by law. [2003 c 302 § 4; 2001 c 185 § 13; 1993 c 33 § 4; 1967 ex.s. c 149 § 39; 1961 c 15 § 84.40.190. Prior: 1945 c 56 § 1; 1925 ex.s. c 130 § 22; 1897 c 71 § 15; 1893 c 124 § 15; 1891 c 140 § 15; 1890 p 535 § 15; Code 1881 § 2834; Rem. Supp. 1945 § 11126.] 84.40.190 Effective date—1993 c 33: See note following RCW 82.49.060. Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.200 Listing of personalty on failure to obtain statement—Statement of valuation to person assessed or listing—Exemption. (1) In all cases of failure to obtain a statement of personal property, from any cause, it shall be the duty of the assessor to ascertain the amount and value of such property and assess the same at such amount as he or she believes to be the true value thereof. 84.40.200 [Title 84 RCW—page 96] (2) The assessor, in all cases of the assessment of personal property, shall deliver or mail to the person assessed, or to the person listing the property, a copy of the statement of property hereinbefore required, showing the valuation of the property so listed. (3) This section does not apply to the listing required under RCW 84.40.065. [1993 c 33 § 5; 1987 c 319 § 3; 1961 c 15 § 84.40.200. Prior: 1939 c 206 § 18; 1925 ex.s. c 130 § 64; 1897 c 71 § 53; 1893 c 124 § 54; 1891 c 140 § 54; 1890 p 551 § 59; RRS § 11147.] Effective date—1993 c 33: See note following RCW 82.49.060. 84.40.210 Personalty of manufacturer, listing procedure, statement—"Manufacturer" defined. Every person who purchases, receives or holds personal property of any description for the purpose of adding to the value thereof by any process of manufacturing, refining, rectifying, or by the combination of different materials with the view of making gain or profit by so doing shall be held to be a manufacturer, and he shall, when required to, make and deliver to the assessor a statement of the amount of his other personal property subject to taxes, also include in his statement the value of all articles purchased, received or otherwise held for the purpose of being used in whole or in part in any process or processes of manufacturing, combining, rectifying or refining. Every person owning a manufacturing establishment of any kind and every manufacturer shall list as part of his manufacturer’s stock the value of all engines and machinery of every description used or designed to be used in any process of refining or manufacturing except such fixtures as have been considered as part of any parcel of real property, including all tools and implements of every kind, used or designed to be used for the first aforesaid purpose. [1961 c 168 § 1; 1961 c 15 § 84.40.210. Prior: 1939 c 66 § 1; 1927 c 282 § 1; 1925 ex.s. c 130 § 26; 1921 c 60 § 1; 1897 c 71 § 19; 1893 c 124 § 19; 1891 c 140 § 19; 1890 p 538 § 20; RRS § 11130.] 84.40.210 84.40.220 Merchant’s personalty held for sale—Consignment from out of state—Nursery stock assessable as growing crops. Whoever owns, or has in his possession or subject to his control, any goods, merchandise, grain or produce of any kind, or other personal property within this state, with authority to sell the same, which has been purchased either in or out of this state, with a view to being sold at an advanced price or profit, or which has been consigned to him from any place out of this state for the purpose of being sold at any place within the state, shall be held to be a merchant, and when he is by this title required to make out and to deliver to the assessor a statement of his other personal property, he shall state the value of such property pertaining to his business as a merchant. No consignee shall be required to list for taxation the value of any property the product of this state, nor the value of any property consigned to him from any other place for the sole purpose of being stored or forwarded, if he has no interest in such property nor any profit to be derived from its sale. The growing stock of nurserymen, which is owned by the original producer thereof or which has been held or possessed by the nurserymen for one hundred eighty days or more, shall, whether personal or real property, be considered the same as growing crops on cultivated lands: 84.40.220 (2008 Ed.) Listing of Property PROVIDED, That the nurserymen be licensed by the department of agriculture: PROVIDED FURTHER, That an original producer, within the meaning of this section, shall include a person who, beginning with seeds, cuttings, bulbs, corms, or any form of immature plants, grows such plants in the course of their development into either a marketable partially grown product or a marketable consumer product. [1974 ex.s. c 83 § 1; 1971 ex.s. c 18 § 1; 1961 c 15 § 84.40.220. Prior: 1939 c 116 § 1; 1925 ex.s. c 130 § 25; 1897 c 71 § 18; 1893 c 124 § 18; 1891 c 140 § 18; 1890 p 537 § 19; Code 1881 § 2839; RRS § 11129. Formerly RCW 84.40.030, part, and 84.40.220.] 84.40.230 Contract to purchase public land. When any real property is sold on contract by the United States of America, the state, or any county or municipality, and the contract expresses or implies that the vendee is entitled to the possession, use, benefits and profits thereof and therefrom so long as the vendee complies with the terms of the contract, it shall be deemed that the vendor retains title merely as security for the fulfillment of the contract, and the property shall be assessed and taxed in the same manner as other similar property in private ownership is taxed, and the tax roll shall contain, opposite the description of the property so assessed the following notation: "Subject to title remaining in the vendor" or other notation of similar significance. No foreclosure for delinquent taxes nor any deed issued pursuant thereto shall extinguish or otherwise affect the title of the vendor. In any case under former law where the contract and not the property was taxed no deed of the property described in such contract shall ever be executed and delivered by the state or any county or municipality until all taxes assessed against such contract and local assessments assessed against the land described thereon are fully paid. [1994 c 124 § 25; 1961 c 15 § 84.40.230. Prior: 1947 c 231 § 1; 1941 c 79 § 1; 1925 ex.s. c 137 § 33; 1897 c 71 § 26; 1893 c 124 § 26; 1891 c 140 § 26; 1890 p 540 § 25; Rem. Supp. 1947 § 11133.] 84.40.230 84.40.240 Annual list of lands sold or contracted to be sold to be furnished assessor. The assessor of each county shall, on or before the first day of January of each year, obtain from the department of natural resources, and from the local land offices of the state, lists of public lands sold or contracted to be sold during the previous year in his county, and certify them for taxation, together with the various classes of state lands sold during the same year, and it shall be the duty of the department of natural resources to certify a list or lists of all public lands sold or contracted to be sold during the previous year, on application of the assessor of any county applying therefor. [1961 c 15 § 84.40.240. Prior: 1939 c 206 § 10; 1925 ex.s. c 130 § 10; 1897 c 71 § 91; 1893 c 124 § 94; 1891 c 140 § 26; 1890 p 540 § 25; RRS § 11114.] 84.40.240 84.40.315 Federal agencies and property taxable when federal law permits. Notwithstanding the provisions of RCW 84.36.010 or anything to the contrary in the laws of the state of Washington, expressed or implied, the United States and its agencies and instrumentalities and their property are hereby declared to be taxable, and shall be taxed 84.40.315 (2008 Ed.) 84.40.335 under the existing laws of this state or any such laws hereafter enacted, whenever and in such manner as such taxation may be authorized or permitted under the laws of the United States. [1961 c 15 § 84.40.315. Prior: 1945 c 142 § 1; Rem. Supp. 1945 § 11150-1. Formerly RCW 84.08.180.] 84.40.320 84.40.320 Detail and assessment lists to board of equalization. The assessor shall add up and note the amount of each column in the detail and assessment lists in such manner as prescribed or approved by the state department of revenue, as will provide a convenient and permanent record of assessment. The assessor shall also make, under proper headings, a certification of the assessment rolls and on the 15th day of July shall file the same with the clerk of the county board of equalization for the purpose of equalization by the said board. Such certificate shall be verified by an affidavit, substantially in the following form: State of Washington, . . . . . . County, ss. I, . . . . . ., Assessor . . . . . ., do solemnly swear that the assessment rolls and this certificate contain a correct and full list of all the real and personal property subject to taxation in this county for the assessment year 19. . ., so far as I have been able to ascertain the same; and that the assessed value set down in the proper column, opposite the several kinds and descriptions of property, is in each case, except as otherwise provided by law, one hundred percent of the true and fair value of such property, to the best of my knowledge and belief, and that the assessment rolls and this certificate are correct, as I verily believe. . . . . . . . . . ., Assessor. Subscribed and sworn to before me this . . . . day of . . . . . ., 19. . . (L. S.) . . . . . ., Auditor of . . . . . . county. PROVIDED, That the failure of the assessor to complete the certificate shall in nowise invalidate the assessment. After the same has been duly equalized by the county board of equalization, the same shall be delivered to the county assessor. [1988 c 222 § 18; 1975 1st ex.s. c 278 § 195; 1973 1st ex.s. c 195 § 98; 1961 c 15 § 84.40.320. Prior: 1937 c 121 § 1; 1925 ex.s. c 130 § 65; 1897 c 71 § 54; 1893 c 124 § 55; 1891 c 140 § 55; 1890 p 552 § 60; RRS § 11148.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 84.40.335 84.40.335 Lists, schedules or statements to contain declaration that falsification subject to perjury. Except for personal property under RCW 84.40.190, any list, schedule or statement required by this chapter shall contain a written declaration that any person signing the same and knowing the same to be false shall be subject to the penalties of perjury. [2003 c 302 § 5; 1967 ex.s. c 149 § 42.] Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. [Title 84 RCW—page 97] 84.40.340 Title 84 RCW: Property Taxes 84.40.340 Verification by assessor of any list, statement, or schedule—Confidentiality, penalty. (1) For the purpose of verifying any list, statement, or schedule required to be furnished to the assessor by any taxpayer, any assessor or his or her trained and qualified deputy at any reasonable time may visit, investigate and examine any personal property, and for this purpose the records, accounts and inventories also shall be subject to any such visitation, investigation and examination which shall aid in determining the amount and valuation of such property. Such powers and duties may be performed at any office of the taxpayer in this state, and the taxpayer shall furnish or make available all such information pertaining to property in this state to the assessor although the records may be maintained at any office outside this state. (2) Any information or facts obtained pursuant to this section shall be used by the assessor only for the purpose of determining the assessed valuation of the taxpayer’s property: PROVIDED, That such information or facts shall also be made available to the department of revenue upon request for the purpose of determining any sales or use tax liability with respect to personal property, and except in a civil or criminal judicial proceeding or an administrative proceeding in respect to penalties imposed pursuant to RCW 84.40.130, to such sales or use taxes, or to the assessment or valuation for tax purposes of the property to which such information and facts relate, shall not be disclosed by the assessor or the department of revenue without the permission of the taxpayer to any person other than public officers or employees whose duties relate to valuation of property for tax purposes or to the imposition and collection of sales and use taxes, and any violation of this secrecy provision is a gross misdemeanor. [2003 c 53 § 410; 1997 c 239 § 3; 1973 1st ex.s. c 74 § 1; 1967 ex.s. c 149 § 40; 1961 ex.s. c 24 § 6.] 84.40.340 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—1967 ex.s. c 149: See note following RCW 82.04.050. Savings—1967 ex.s. c 149: See RCW 82.98.035. Severability—1967 ex.s. c 149: See note following RCW 82.98.030. 84.40.343 Mobile homes—Identification of. In the assessment of any mobile home, the assessment record shall contain a description of the mobile home including the make, model, and serial number. The property tax roll shall identify any mobile home. [1985 c 395 § 8.] 84.40.343 thereof by sale or exchange or by a contract under conditions provided for in RCW 84.40.230 or when the property otherwise loses its exempt status. [1984 c 220 § 13; 1971 ex.s. c 44 § 2.] 84.40.360 Loss of exempt status—Property subject to pro rata portion of taxes for remainder of year. Property which no longer retains its exempt status shall be subject to a pro rata portion of the taxes allocable to the remaining portion of the year after the date that the property lost its exempt status. If a portion of the property has lost its exempt status, only that portion shall be subject to tax under this section. [1984 c 220 § 14; 1971 ex.s. c 44 § 3.] 84.40.360 84.40.370 Loss of exempt status—Valuation date— Extension on rolls. The assessor shall list the property and assess it with reference to its value on the date the property lost its exempt status unless such property has been previously listed and assessed. He shall extend the taxes on the tax roll using the rate of percent applicable as if the property had been assessed in the previous year. [1984 c 220 § 15; 1971 ex.s. c 44 § 4.] 84.40.370 84.40.380 Loss of exempt status—When taxes due and payable—Dates of delinquency—Interest. All taxes made payable pursuant to the provisions of RCW 84.40.350 through 84.40.390 shall be due and payable to the county treasurer on or before the thirtieth day of April in the event the date of execution of the instrument of transfer occurs prior to that date unless the time of payment is extended under the provisions of RCW 84.56.020. Such taxes shall be due and payable on or before the thirty-first day of October in the event the date the property lost its exempt status is subsequent to the thirtieth day of April but prior to the thirty-first day of October. In all other cases such taxes shall be due and payable within thirty days after the date the property lost its exempt status. In no case, however, shall the taxes be due and payable less than thirty days from the date the property lost its exempt status. All taxes due and payable after the dates herein shall become delinquent, and interest at the rate specified in RCW 84.56.020 for delinquent property taxes shall be charged upon such unpaid taxes from the date of delinquency until paid. [1984 c 220 § 16; 1971 ex.s. c 44 § 5.] 84.40.380 84.40.390 Loss of exempt status—Taxes constitute lien on property. Taxes made due and payable under RCW 84.40.350 through 84.40.390 shall be a lien on the property from the date the property lost its exempt status. [1984 c 220 § 17; 1971 ex.s. c 44 § 6.] 84.40.390 84.40.344 Mobile homes—Avoidance of payment of tax—Penalty. Every person who wilfully avoids the payment of personal property taxes on mobile homes subject to such tax under the laws of this state shall be guilty of a misdemeanor. [1971 ex.s. c 299 § 75.] 84.40.344 Effective date—1971 ex.s. c 299: See RCW 82.50.901(3). Severability—1971 ex.s. c 299: See note following RCW 82.04.050. 84.40.350 Assessment and taxation of property losing exempt status. Real property, previously exempt from taxation, shall be assessed and taxed as provided in RCW 84.40.350 through 84.40.390 when transferred to private ownership by any exempt organization including the United States of America, the state or any political subdivision 84.40.350 [Title 84 RCW—page 98] 84.40.405 Rules for agricultural products and business inventories. The department of revenue shall promulgate such rules and regulations, and prescribe such procedures as it deems necessary to carry out RCW 84.36.470 and 84.36.477. [2001 c 187 § 20; 2000 c 103 § 28; 1985 c 7 § 156; 1983 1st ex.s. c 62 § 10; 1974 ex.s. c 169 § 9.] 84.40.405 Application—2001 c 187: See note following RCW 84.40.020. Short title—Intent—Effective dates—Applicability—1983 1st ex.s. c 62: See notes following RCW 84.36.477. (2008 Ed.) Revaluation of Property Severability—Effective date—Intent—1974 ex.s. c 169: See notes following RCW 82.04.444. 84.40.410 Valuation and assessment of certain leasehold interests. A leasehold interest consisting of three thousand or more residential and recreational lots that are or may be subleased for residential and recreational purposes, together with any improvements thereon, shall be assessed and taxed in the same manner as privately owned real property. The sublessee of each lot, or the lessee if not subleased, is liable for the property tax on the lot and improvements thereon. If property tax for a lot or improvements thereon remains unpaid for more than three years from the date of delinquency, including any property taxes that are delinquent as of July 22, 2001, the county treasurer may proceed to collect the tax in the same manner as for other property, except that the lessor’s interest in the property shall not be extinguished as a result of any action for the collection of tax. Collection of property taxes assessed on any such lot shall be enforceable by foreclosure proceedings in accordance with real property foreclosure proceedings authorized in chapter 84.64 RCW. [2003 c 169 § 1; 2001 c 26 § 3.] 84.40.410 Application—2001 c 26 §§ 2 and 3: "Sections 2 and 3 of this act apply to taxes levied for collection in 2002 and thereafter." [2001 c 26 § 5.] Chapter 84.41 Chapter 84.41 RCW REVALUATION OF PROPERTY Sections 84.41.010 84.41.020 84.41.030 84.41.041 84.41.050 84.41.060 84.41.070 84.41.080 84.41.090 84.41.100 84.41.110 84.41.120 84.41.130 Declaration of policy. Scope of chapter. Revaluation program to be on continuous basis—Revaluation schedule—Effect of other proceedings on valuation. Physical inspection and valuation of taxable property required—Adjustments during intervals based on statistical data. Budget, levy, to provide funds. Assistance by department of revenue at request of assessor. Finding of unsatisfactory progress—Notice—Duty of county legislative authority. Contracts for special assistance. Department to establish statistical methods—Publication of rules, regulations, and guides—Compliance required. Assessor may appoint deputies and engage expert appraisers. Appraisers to act in advisory capacity. Assessor to keep records—Orders of department of revenue, compliance enjoined, remedies. Assessor’s annual reports. 84.41.010 Declaration of policy. Recent comprehensive studies by the legislative council have disclosed gross inequality and nonuniformity in valuation of real property for tax purposes throughout the state. Serious nonuniformity in valuations exists both between similar property within the various taxing districts and between general levels of valuation of the various counties. Such nonuniformity results in inequality in taxation contrary to standards of fairness and uniformity required and established by the Constitution and is of such flagrant and widespread occurrence as to constitute a grave emergency adversely affecting state and local government and the welfare of all the people. Traditional public policy of the state has vested large measure of control in matters of property valuation in county government, and the state hereby declares its purpose to continue such policy. However, present statutes and practices thereunder have failed to achieve the measure of uniformity 84.41.010 (2008 Ed.) 84.41.041 required by the Constitution; the resultant widespread inequality and nonuniformity in valuation of property can and should no longer be tolerated. It thus becomes necessary to require general revaluation of property throughout the state. [1961 c 15 § 84.41.010. Prior: 1955 c 251 § 1.] 84.41.020 84.41.020 Scope of chapter. This chapter does not, and is not intended to affect procedures whereby taxes are imposed either for local or state purposes. This chapter concerns solely the administrative procedures by which the true and fair value in money of property is determined. The process of valuation, which is distinct and separate from the process of levying and imposing a tax, does not result either in the imposition of a tax or the determination of the amount of a tax. This chapter is intended to, and applies only to procedures and methods whereby the value of property is ascertained. [1961 c 15 § 84.41.020. Prior: 1955 c 251 § 2.] 84.41.030 84.41.030 Revaluation program to be on continuous basis—Revaluation schedule—Effect of other proceedings on valuation. Each county assessor shall maintain an active and systematic program of revaluation on a continuous basis, and shall establish a revaluation schedule which will result in revaluation of all taxable real property within the county at least once each four years and physical inspection of all taxable real property within the county at least once each six years. Each county assessor may disregard any program of revaluation, if requested by a property owner, and change, as appropriate, the valuation of real property upon the receipt of a notice of decision received under RCW 36.70B.130, *90.60.160, or chapter 35.22, 35.63, 35A.63, or 36.70 RCW pertaining to the value of the real property. [1996 c 254 § 7; 1982 1st ex.s. c 46 § 1; 1971 ex.s. c 288 § 6; 1961 c 15 § 84.41.030. Prior: 1955 c 251 § 3.] *Reviser’s note: RCW 90.60.160 was decodified September 2001. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.41.041 84.41.041 Physical inspection and valuation of taxable property required—Adjustments during intervals based on statistical data. Each county assessor shall cause taxable real property to be physically inspected and valued at least once every six years in accordance with RCW 84.41.030, and in accordance with a plan filed with and approved by the department of revenue. Such revaluation plan shall provide that a reasonable portion of all taxable real property within a county shall be revalued and these newlydetermined values placed on the assessment rolls each year. The department may approve a plan that provides that all property in the county be revalued every two years. If the revaluation plan provides for physical inspection at least once each four years, during the intervals between each physical inspection of real property, the valuation of such property may be adjusted to its current true and fair value, such adjustments to be based upon appropriate statistical data. If the revaluation plan provides for physical inspection less frequently than once each four years, during the intervals between each physical inspection of real property, the valuation of such property shall be adjusted to its current true and [Title 84 RCW—page 99] 84.41.050 Title 84 RCW: Property Taxes fair value, such adjustments to be made once each year and to be based upon appropriate statistical data. The assessor may require property owners to submit pertinent data respecting taxable property in their control including data respecting any sale or purchase of said property within the past five years, the cost and characteristics of any improvement on the property and other facts necessary for appraisal of the property. [2001 c 187 § 21; 1997 c 3 § 108 (Referendum Bill No. 47, approved November 4, 1997); 1987 c 319 § 4; 1982 1st ex.s. c 46 § 2; 1979 ex.s. c 214 § 9; 1974 ex.s. c 131 § 2.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. 84.41.050 Budget, levy, to provide funds. Each county assessor in budgets hereafter submitted, shall make adequate provision to effect county-wide revaluations as herein directed. The several boards of county commissioners in passing upon budgets submitted by the several assessors, shall authorize and levy amounts which in the judgment of the board will suffice to carry out the directions of this chapter. [1961 c 15 § 84.41.050. Prior: 1955 c 251 § 5.] 84.41.050 84.41.060 Assistance by department of revenue at request of assessor. Any county assessor may request special assistance from the department of revenue in the valuation of property which either (1) requires specialized knowledge not otherwise available to the assessor’s staff, or (2) because of an inadequate staff, cannot be completed by the assessor within the time required by this chapter. After consideration of such request the department of revenue shall advise the assessor that such request is either approved or rejected in whole or in part. Upon approval of such request, the department of revenue may assist the assessor in the valuation of such property in such manner as the department of revenue, in its discretion, considers proper and adequate. [1975 1st ex.s. c 278 § 197; 1961 c 15 § 84.41.060. Prior: 1955 c 251 § 6.] 84.41.060 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.41.070 Finding of unsatisfactory progress— Notice—Duty of county legislative authority. If the department of revenue finds upon its own investigation, or upon a showing by others, that the revaluation program for any county is not proceeding for any reason as herein directed, the department of revenue shall advise both the county legislative authority and the county assessor of such finding. Within thirty days after receiving such advice, the county legislative authority, at regular or special session, either (1) shall authorize such expenditures as will enable the assessor to complete the revaluation program as herein directed, or (2) shall direct the assessor to request special assistance from the department of revenue for aid in effectuating the county’s revaluation program. [1994 c 301 § 40; 1975 1st ex.s. c 278 § 198; 1961 c 15 § 84.41.070. Prior: 1955 c 251 § 7.] 84.41.070 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. [Title 84 RCW—page 100] 84.41.080 Contracts for special assistance. Upon receiving a request from the county assessor, either upon his initiation or at the direction of the board of county commissioners, for special assistance in the county’s revaluation program, the department of revenue may, before undertaking to render such special assistance, negotiate a contract with the board of county commissioners of the county concerned. Such contracts as are negotiated shall provide that the county will reimburse the state for fifty percent of the costs of such special assistance within three years of the date of expenditure of such costs. All such reimbursements shall be paid to the department of revenue for deposit to the state general fund. The department of revenue shall keep complete records of such contracts, including costs incurred, payments received, and services performed thereunder. [1975 1st ex.s. c 278 § 199; 1961 c 15 § 84.41.080. Prior: 1955 c 251 § 8.] 84.41.080 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.41.090 Department to establish statistical methods—Publication of rules, regulations, and guides—Compliance required. The department of revenue shall by rule establish appropriate statistical methods for use by assessors in adjusting the valuation of property between physical inspections. The department of revenue shall make and publish such additional rules, regulations and guides which it determines are needed to supplement materials presently published by the department of revenue for the general guidance and assistance of county assessors. Each assessor is hereby directed and required to value property in accordance with the standards established by RCW 84.40.030 and in accordance with the applicable rules, regulations and valuation manuals published by the department of revenue. [1982 1st ex.s. c 46 § 3; 1975 1st ex.s. c 278 § 200; 1961 c 15 § 84.41.090. Prior: 1955 c 251 § 9.] 84.41.090 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.41.100 Assessor may appoint deputies and engage expert appraisers. See RCW 36.21.011. 84.41.100 84.41.110 Appraisers to act in advisory capacity. Appraisers whose services may be obtained by contract or who may be assigned by the department of revenue to assist any county assessor shall act in an advisory capacity only, and valuations made by them shall not in any manner be binding upon the assessor, it being the intent herein that all valuations made pursuant to this chapter shall be made and entered by the assessor pursuant to law as directed herein. [1975 1st ex.s. c 278 § 201; 1961 c 15 § 84.41.110. Prior: 1955 c 251 § 11.] 84.41.110 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.41.120 Assessor to keep records—Orders of department of revenue, compliance enjoined, remedies. Each county assessor shall keep such books and records as are required by the rules and regulations of the department of revenue and shall comply with any lawful order, rule or regulation of the department of revenue. 84.41.120 (2008 Ed.) Taxable Situs Whenever it appears to the department of revenue that any assessor has failed to comply with any of the provisions of this chapter relating to his duties or the rules of the department of revenue made in pursuance thereof, the department of revenue, after a hearing on the facts, may issue an order directing such assessor to comply with such provisions of this chapter or rules of the department of revenue. Such order shall be mailed by registered mail to the assessor at the county court house. If, upon the expiration of fifteen days from the date such order is mailed, the assessor has not complied therewith or has not taken measures that will insure compliance within a reasonable time, the department of revenue may apply to a judge of the superior court or court commissioner of the county in which such assessor holds office, for an order returnable within five days from the date thereof to compel him to comply with such provisions of law or of the order of the department of revenue or to show cause why he should not be compelled so to do. Any order issued by the judge pursuant to such order to show cause shall be final. The remedy herein provided shall be cumulative and shall not exclude the department of revenue from exercising any powers or rights otherwise granted. [1975 1st ex.s. c 278 § 202; 1961 c 15 § 84.41.120. Prior: 1955 c 251 § 12.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.41.130 Assessor’s annual reports. Each county assessor, before October 15th each year, shall prepare and submit to the department of revenue a detailed report of the progress made in the revaluation program in his or her county to the date of the report and be made a matter of public record. Such report shall be submitted upon forms supplied by the department of revenue and shall consist of such information as the department of revenue requires. [1998 c 245 § 171; 1975 1st ex.s. c 278 § 203; 1961 c 15 § 84.41.130. Prior: 1955 c 251 § 13.] 84.41.130 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. Chapter 84.44 Chapter 84.44 RCW TAXABLE SITUS Sections 84.44.010 84.44.020 84.44.030 84.44.050 84.44.080 84.44.090 (2008 Ed.) 84.44.020 Gas, electric, water companies—Mains and pipes, as personalty. The personal property of gas, electric and water companies shall be listed and assessed in the town or city where the same is located. Gas and water mains and pipes laid in roads, streets or alleys, shall be held to be personal property. [1961 c 15 § 84.44.020. Prior: 1925 ex.s. c 130 § 18; RRS § 11122; prior: 1897 c 71 § 11; 1893 c 124 § 11; 1891 c 140 § 11; 1890 p 534 § 10.] 84.44.020 84.44.030 Lumber and sawlogs. Lumber and sawlogs shall be assessed and taxed in the county and taxing district where the same may be situated at noon on the first day of January of the assessment year: PROVIDED, That if any lumber or sawlogs shall, at said time, be in intrastate transit from one point to another within the state, the same shall be assessed and taxed in the county and taxing districts of their destination. [1961 c 15 § 84.44.030. Prior: 1941 c 155 § 1; 1939 c 206 § 12; 1925 ex.s. c 130 § 13; Rem. Supp. 1941 § 11117; prior: 1907 c 108 § 3.] 84.44.030 84.44.050 Personalty of automobile transportation companies—Vessels, boats and small craft. The personal property of automobile transportation companies owning, controlling, operating or managing any motor propelled vehicle used in the business of transporting persons and/or property for compensation over any public highway in this state between fixed termini or over a regular route, shall be listed and assessed in the various counties where such vehicles are operated, in proportion to the mileage of their operations in such counties: PROVIDED, That vehicles subject to chapter 82.44 RCW and tr ailer u nits exem pt under *RCW 82.44.020(4) shall not be listed or assessed for ad valorem taxation so long as chapter 82.44 RCW remains in effect. All vessels of every class which are by law required to be registered, licensed or enrolled, must be assessed and the taxes thereon paid only in the county of their actual situs: PROVIDED, That such interest shall be taxed but once. All boats and small craft not required to be registered must be assessed in the county of their actual situs. [1998 c 321 § 42 (Referendum Bill No. 49, approved November 3, 1998); 1993 c 123 § 3; 1961 c 15 § 84.44.050. Prior: 1925 ex.s. c 130 § 17; RRS § 11121; prior: 1897 c 71 § 10; 1893 c 124 § 10; 1891 c 140 § 10; 1890 p 533 § 9.] 84.44.050 *Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c 1 § Situs of personalty generally. Gas, electric, water companies—Mains and pipes, as personalty. Lumber and sawlogs. Personalty of automobile transportation companies—Vessels, boats and small craft. Owner moving into state or to another county after January 1st. Disputes over situs to be determined by department of revenue. 84.44.010 Situs of personalty generally. Personal property, except such as is required in this title to be listed and assessed otherwise, shall be listed and assessed in the county where it is situated. [1994 c 301 § 41; 1961 c 15 § 84.44.010. Prior: 1925 ex.s. c 130 § 16; RRS § 11120; prior: 1897 c 71 § 9; 1893 c 124 § 9; 1891 c 140 § 9; 1890 p 533 § 8; 1871 p 39 § 9; 1869 p 179 § 9.] 84.44.010 84.44.080 2. Purpose—Severability—1998 c 321: See notes following RCW 82.14.045. Contingent effective dates—1998 c 321 §§ 23-42: See note following RCW 35.58.410. Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070. 84.44.080 Owner moving into state or to another county after January 1st. The owner of personal property removing from one county to another between the first day of January and the first day of July shall be assessed in either in which he is first called upon by the assessor. The owner of personal property moving into this state from another state between the first day of January and the first day of July shall list the property owned by him on the first day of January of such year in the county in which he resides: PROVIDED, 84.44.080 [Title 84 RCW—page 101] 84.44.090 Title 84 RCW: Property Taxes That if such person has been assessed and can make it appear to the assessor that he is held for the tax of the current year on the property in another state or county, he shall not be again assessed for such year. [1961 c 15 § 84.44.080. Prior: 1939 c 206 § 13; 1925 ex.s. c 130 § 14; RRS § 11118; prior: 1891 c 140 § 7; 1890 p 534 § 13.] 84.44.090 Disputes over situs to be determined by department of revenue. In all questions that may arise under this title as to the proper place to list personal property, or where the same cannot be listed as stated in this title, if between several places in the same county, or between different counties, or places in different counties, the place for listing and assessing shall be determined and fixed by the department of revenue; and when fixed in either case shall be as binding as if fixed by this title. [1975 1st ex.s. c 278 § 205; 1961 c 15 § 84.44.090. Prior: 1925 ex.s. c 130 § 21; RRS § 11125; prior: 1897 c 71 § 14; 1893 c 124 § 14; 1891 c 140 § 14; 1890 p 535 § 14.] 84.44.090 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. Chapter 84.48 Chapter 84.48 RCW EQUALIZATION OF ASSESSMENTS Sections 84.48.010 84.48.014 84.48.018 84.48.022 84.48.026 84.48.028 84.48.032 84.48.034 84.48.036 84.48.038 84.48.042 84.48.046 84.48.050 84.48.065 84.48.075 84.48.080 84.48.110 84.48.120 84.48.130 84.48.140 84.48.150 84.48.200 County board of equalization—Formation—Per diem—Meetings—Duties—Records—Correction of rolls—Extending taxes—Change in valuation, release or commutation of taxes by county legislative authority prohibited. County board of equalization—Composition of board— Appointment—Qualifications. County board of equalization—Chairman—Quorum. County board of equalization—Meetings. County board of equalization—Terms—Removal. County board of equalization—Clerk—Assistants. County board of equalization—Appraisers. County board of equalization—Duration of order. County board of equalization—Annual budget. County board of equalization—Legal advisor. County board of equalization—Training school. County board of equalization—Operating manual. Abstract of rolls to state auditor—State action if assessor does not transmit, when. Cancellation and correction of erroneous assessments and assessments on property on which land use designation is changed. County indicated ratio—Determination by department—Submission of preliminary ratio to assessor—Rules—Use classes—Review of preliminary ratio—Certification— Examination of assessment procedures—Adjustment of ratio. Equalization of assessments—Taxes for state purposes—Procedure—Levy and apportionment—Hypothetical levy for establishing consolidated levy—Rules—Record. Transcript of proceedings to county assessors—Delinquent tax for certain preceding years included. Extension of state taxes. Certification of assessed valuation to taxing districts. Property tax advisor. Valuation criteria including comparative sales to be made available to taxpayer—Change. Rules. Appeals from county board of equalization: RCW 84.08.130 Reconvening county board of equalization: RCW 84.08.060. 84.48.010 County board of equalization—Formation—Per diem—Meetings—Duties—Records—Correction of rolls—Extending taxes—Change in valuation, release or commutation of taxes by county legislative 84.48.010 [Title 84 RCW—page 102] authority prohibited. Prior to July 15th, the county legislative authority shall form a board for the equalization of the assessment of the property of the county. The members of said board shall receive a per diem amount as set by the county legislative authority for each day of actual attendance of the meeting of the board of equalization to be paid out of the current expense fund of the county: PROVIDED, That when the county legislative authority constitute the board they shall only receive their compensation as members of the county legislative authority. The board of equalization shall meet in open session for this purpose annually on the 15th day of July and, having each taken an oath fairly and impartially to perform their duties as members of such board, they shall examine and compare the returns of the assessment of the property of the county and proceed to equalize the same, so that each tract or lot of real property and each article or class of personal property shall be entered on the assessment list at its true and fair value, according to the measure of value used by the county assessor in such assessment year, which is presumed to be correct under RCW 84.40.0301, and subject to the following rules: First. They shall raise the valuation of each tract or lot or item of real property which is returned below its true and fair value to such price or sum as to be the true and fair value thereof, after at least five days’ notice shall have been given in writing to the owner or agent. Second. They shall reduce the valuation of each tract or lot or item which is returned above its true and fair value to such price or sum as to be the true and fair value thereof. Third. They shall raise the valuation of each class of personal property which is returned below its true and fair value to such price or sum as to be the true and fair value thereof, and they shall raise the aggregate value of the personal property of each individual whenever the aggregate value is less than the true valuation of the taxable personal property possessed by such individual, to such sum or amount as to be the true value thereof, after at least five days’ notice shall have been given in writing to the owner or agent thereof. Fourth. They shall reduce the valuation of each class of personal property enumerated on the detail and assessment list of the current year, which is returned above its true and fair value, to such price or sum as to be the true and fair value thereof; and they shall reduce the aggregate valuation of the personal property of such individual who has been assessed at too large a sum to such sum or amount as was the true and fair value of the personal property. Fifth. The board may review all claims for either real or personal property tax exemption as determined by the county assessor, and shall consider any taxpayer appeals from the decision of the assessor thereon to determine (1) if the taxpayer is entitled to an exemption, and (2) if so, the amount thereof. The clerk of the board shall keep an accurate journal or record of the proceedings and orders of said board showing the facts and evidence upon which their action is based, and the said record shall be published the same as other proceedings of county legislative authority, and shall make a true record of the changes of the descriptions and assessed values ordered by the county board of equalization. The assessor shall correct the real and personal assessment rolls in accordance with the changes made by the said county board of (2008 Ed.) Equalization of Assessments equalization, and the assessor shall make duplicate abstracts of such corrected values, one copy of which shall be retained in the office, and one copy forwarded to the department of revenue on or before the eighteenth day of August next following the meeting of the county board of equalization. The county board of equalization shall meet on the 15th day of July and may continue in session and adjourn from time to time during a period not to exceed four weeks, but shall remain in session not less than three days: PROVIDED, That the county board of equalization with the approval of the county legislative authority may convene at any time when petitions filed exceed twenty-five, or ten percent of the number of appeals filed in the preceding year, whichever is greater. No taxes, except special taxes, shall be extended upon the tax rolls until the property valuations are equalized by the department of revenue for the purpose of raising the state revenue. County legislative authorities as such shall at no time have any authority to change the valuation of the property of any person or to release or commute in whole or in part the taxes due on the property of any person. [2001 c 187 § 22; 1997 c 3 § 109 (Referendum Bill No. 47, approved November 4, 1997); 1988 c 222 § 20; 1979 c 13 § 1. Prior: 1977 ex.s. c 290 § 2; 1977 c 33 § 1; 1970 ex.s. c 55 § 2; 1961 c 15 § 84.48.010; prior: 1939 c 206 § 35; 1925 ex.s. c 130 § 68; RRS § 11220; prior: 1915 c 122 § 1; 1907 c 129 § 1; 1897 c 71 § 58; 1893 c 124 § 59; 1890 p 555 § 73; Code 1881 §§ 2873-2879. Formerly RCW 84.48.010, 84.48.020, 84.48.030, 84.48.040, and 84.48.060.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1988 c 222: See note following RCW 84.40.040. Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.014 County board of equalization—Composition of board—Appointment—Qualifications. The board of equalization of each county shall consist of not less than three nor more than seven members including alternates. Such members shall be appointed by a majority of the members of the county legislative authority, and shall be selected based upon the qualifications established by rule by the department of revenue and shall not be a holder of any elective office nor be an employee of any elected official: PROVIDED, HOWEVER, The county legislative authority may itself constitute the board at its discretion. Any member who does not attend the school required by RCW 84.48.042 within one year of appointment or reappointment shall be barred from serving as a member of the board of equalization unless this requirement is waived for the member by the department for just cause. [1988 c 222 § 21; 1970 ex.s. c 55 § 3.] 84.48.014 Effective date—1988 c 222: See note following RCW 84.40.040. Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.018 County board of equalization—Chairman—Quorum. The members of each board of equalization 84.48.018 (2008 Ed.) 84.48.036 shall meet and choose a chairman. A majority of the board shall constitute a quorum. [1970 ex.s. c 55 § 4.] Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.022 County board of equalization—Meetings. All meetings of the board of equalization shall be held at the county courthouse, or other suitable place within the county, and the county legislative authority shall make provision for a suitable meeting place. [1994 c 124 § 26; 1970 ex.s. c 55 § 5.] 84.48.022 Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.026 County board of equalization—Terms— Removal. The terms of each appointed member of the board shall be for three years or until their successors are appointed. Each appointed member may be removed by a majority vote of the county legislative authority. [1994 c 124 § 27; 1970 ex.s. c 55 § 6.] 84.48.026 Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.028 County board of equalization—Clerk— Assistants. The board may appoint a clerk of the board and any assistants the board might need, all to serve at the pleasure of the members of the board, and the clerk or assistant shall attend all sessions thereof, and shall keep the record. Neither the assessor nor any of the assessor’s staff may serve as clerk. [1994 c 124 § 28; 1970 ex.s. c 55 § 7.] 84.48.028 Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.032 County board of equalization—Appraisers. The board may hire one or more appraisers accredited by the department of revenue or certified by the Washington state department of licensing, society of real estate appraisers, American institute of real estate appraisers, or international association of assessing officers, and not otherwise employed by the county, and other necessary personnel for the purpose of aiding the board and carrying out its functions and duties. In addition, the boards of the various counties may make reciprocal arrangements for the exchange of the appraisers with other counties. Such appraisers need not be residents of the county. [1994 c 124 § 29; 1970 ex.s. c 55 § 8.] 84.48.032 Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.034 County board of equalization—Duration of order. The board of equalization may enter an order that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the value during that time. [1994 c 301 § 47.] 84.48.034 84.48.036 County board of equalization—Annual budget. The county legislative authority may provide an adequate annual budget and funds for operation and needs of the board of equalization, including, but not limited to the costs and expenses of the board, such as the meeting place, the necessary equipment and facilities, materials, the salaries of the clerk of the board and the clerk’s assistants, the expenses of the members of the board during the sessions, travel, in-service training, and payment of salaries of all such 84.48.036 [Title 84 RCW—page 103] 84.48.038 Title 84 RCW: Property Taxes employees hired by the board, to facilitate its work. [1994 c 124 § 30; 1970 ex.s. c 55 § 9.] Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.038 84.48.038 County board of equalization—Legal advisor. The prosecuting attorney of each county shall serve as legal advisor to the board of equalization. [1970 ex.s. c 55 § 10.] Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.042 84.48.042 County board of equalization—Training school. The department of revenue shall establish a school for the training of members of the several boards of equalization throughout the state. Sessions of such schools shall, so far as practicable, be held in each district of the Washington state association of counties. Every member of the board of equalization of each county shall attend such school within one year following appointment or reappointment. [1988 c 222 § 22; 1970 ex.s. c 55 § 11.] Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.046 84.48.046 County board of equalization—Operating manual. The department of revenue shall provide a manual for the operation procedures of the several boards of equalization so that uniformity of assessment may be obtained throughout the state, and the several boards of equalization shall follow such manual in all of its operations and procedures. [1970 ex.s. c 55 § 12.] Effective date—1970 ex.s. c 55: See note following RCW 84.36.050. 84.48.050 84.48.050 Abstract of rolls to state auditor—State action if assessor does not transmit, when. The county assessor shall, on or before the fifteenth day of January in each year, make out and transmit to the state auditor, in such form as may be prescribed, a complete abstract of the tax rolls of the county, showing the number of acres that have been assessed and the total value of the real property, including the structures on the real property; the total value of all taxable personal property in the county; the aggregate amount of all taxable property in the county; the total amount as equalized and the total amount of taxes levied in the county for state, county, city and other taxing district purposes, for that year. Should the assessor of any county fail to transmit to the department of revenue the abstract provided for in RCW 84.48.010, and if, by reason of such failure to transmit such abstract, any county shall fail to collect and pay to the state its due proportion of the state tax for any year, the department of revenue shall ascertain what amount of state tax said county has failed to collect, and certify the same to the state auditor, who shall charge the amount to the proper county and notify the auditor of said county of the amount of said charge; said sum shall be due and payable immediately by warrant in favor of the state on the current expense fund of said county. [1995 c 134 § 15. Prior: 1994 c 301 § 42; 1994 c 124 § 31; 1961 c 15 § 84.48.050; prior: 1925 ex.s. c 130 § 69; RRS § 11221; prior: 1890 p 557 § 74. Formerly RCW 84.48.050 and 84.48.070.] [Title 84 RCW—page 104] 84.48.065 Cancellation and correction of erroneous assessments and assessments on property on which land use designation is changed. (1) The county assessor or treasurer may cancel or correct assessments on the assessment or tax rolls which are erroneous due to manifest errors in description, double assessments, clerical errors in extending the rolls, and such manifest errors in the listing of the property which do not involve a revaluation of property, except in the case that a taxpayer produces proof that an authorized land use authority has made a definitive change in the property’s land use designation. In such a case, correction of the assessment or tax rolls may be made notwithstanding the fact that the action involves a revaluation of property. Manifest errors that do not involve a revaluation of property include the assessment of property exempted by law from taxation or the failure to deduct the exemption allowed by law to the head of a family. When the county assessor cancels or corrects an assessment, the assessor shall send a notice to the taxpayer in accordance with RCW 84.40.045, advising the taxpayer that the action has been taken and notifying the taxpayer of the right to appeal the cancellation or correction to the county board of equalization, in accordance with RCW 84.40.038. When the county assessor or treasurer cancels or corrects an assessment, a record of such action shall be prepared, setting forth therein the facts relating to the error. The record shall also set forth by legal description all property belonging exclusively to the state, any county, or any municipal corporation whose property is exempt from taxation, upon which there remains, according to the tax roll, any unpaid taxes. No manifest error cancellation or correction, including a cancellation or correction made due to a definitive change of land use designation, shall be made for any period more than three years preceding the year in which the error is discovered. (2)(a) In the case of a definitive change of land use designation, an assessor shall make corrections that involve a revaluation of property to the assessment roll when: (i) The assessor and taxpayer have signed an agreement as to the true and fair value of the taxpayer’s property setting forth in the agreement the valuation information upon which the agreement is based; and (ii) The assessment roll has previously been certified in accordance with RCW 84.40.320. (b) In all other cases, an assessor shall make corrections that involve a revaluation of property to the assessment roll when: (i) The assessor and taxpayer have signed an agreement as to the true and fair value of the taxpayer’s property setting forth in the agreement the valuation information upon which the agreement is based; and (ii) The following conditions are met: (A) The assessment roll has previously been certified in accordance with RCW 84.40.320; (B) The taxpayer has timely filed a petition with the county board of equalization pursuant to RCW 84.40.038 for the current assessment year; (C) The county board of equalization has not yet held a hearing on the merits of the taxpayer’s petition. (3) The assessor shall issue a supplementary roll or rolls including such cancellations and corrections, and the assessment and levy shall have the same force and effect as if made 84.48.065 (2008 Ed.) Equalization of Assessments in the first instance, and the county treasurer shall proceed to collect the taxes due on the rolls as modified. [2001 c 187 § 23; 1997 c 3 § 110 (Referendum Bill No. 47, approved November 4, 1997); 1996 c 296 § 1; 1992 c 206 § 12; 1989 c 378 § 14; 1988 c 222 § 25.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—1992 c 206: See note following RCW 82.04.170. 84.48.075 County indicated ratio—Determination by department—Submission of preliminary ratio to assessor—Rules—Use classes—Review of preliminary ratio— Certification—Examination of assessment procedures— Adjustment of ratio. (1) The department of revenue shall annually, prior to the first Monday in September, determine and submit to each assessor a preliminary indicated ratio for each county: PROVIDED, That the department shall establish rules and regulations pertinent to the determination of the indicated ratio, the indicated real property ratio and the indicated personal property ratio: PROVIDED FURTHER, That these rules and regulations may provide that data, as is necessary for said determination, which is available from the county assessor of any county and which has been audited as to its validity by the department, shall be utilized by the department in determining the indicated ratio. (2) To such extent as is reasonable, the department may define use classes of property for the purposes of determination of the indicated ratio. Such use classes may be defined with respect to property use and may include agricultural, open space, timber and forest lands. (3) The department shall review each county’s preliminary ratio with the assessor, a landowner, or an owner of an intercounty public utility or private car company of that county, if requested by the assessor, a landowner, or an owner of an intercounty public utility or private car company of that county, respectively, between the first and third Mondays of September. Prior to equalization of assessments pursuant to RCW 84.48.080 and after the third Monday of September, the department shall certify to each county assessor the real and personal property ratio for that county. (4) The department of revenue shall also examine procedures used by the assessor to assess real and personal property in the county, including calculations, use of prescribed value schedules, and efforts to locate all taxable property in the county. If any examination by the department discloses other than market value is being listed on the county assessment rolls of the county by the assessor and, after due notification by the department, is not corrected, the department of revenue shall, in accordance with rules adopted by the department, adjust the ratio of that type of property, which adjustment shall be used for determining the county’s indicated ratio. [2001 c 187 § 24; 1997 c 3 § 111 (Referendum Bill No. 47, approved November 4, 1997); 1988 c 222 § 23; 1982 1st ex.s. c 46 § 7; 1977 ex.s. c 284 § 3.] 84.48.075 Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. (2008 Ed.) 84.48.080 Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Purpose—Intent—1977 ex.s. c 284: "It is the intent of the legislature that the methodology used in the equalization of property values for the purposes of the state levy, public utility assessment, and other purposes, shall be designed to ensure uniformity and equity in taxation throughout the state to the maximum extent possible. It is the purpose of this 1977 amendatory act to provide certain guidelines for the determination of the ratio of assessed value to the full true and fair value of the general property in each county." [1977 ex.s. c 284 § 1.] 84.48.080 Equalization of assessments—Taxes for state purposes—Procedure—Levy and apportionment— Hypothetical levy for establishing consolidated levy— Rules—Record. (1) Annually during the months of September and October, the department of revenue shall examine and compare the returns of the assessment of the property in the several counties of the state, and the assessment of the property of railroad and other companies assessed by the department, and proceed to equalize the same, so that each county in the state shall pay its due and just proportion of the taxes for state purposes for such assessment year, according to the ratio the valuation of the property in each county bears to the total valuation of all property in the state. (a) The department shall classify all property, real and personal, and shall raise and lower the valuation of any class of property in any county to a value that shall be equal, so far as possible, to the true and fair value of such class as of January 1st of the current year for the purpose of ascertaining the just amount of tax due from each county for state purposes. In equalizing personal property as of January 1st of the current year, the department shall use valuation data with respect to personal property from the three years immediately preceding the current assessment year in a manner it deems appropriate. Such classification may be on the basis of types of property, geographical areas, or both. For purposes of this section, for each county that has not provided the department with an assessment return by December 1st, the department shall proceed, using facts and information and in a manner it deems appropriate, to estimate the value of each class of property in the county. (b) The department shall keep a full record of its proceedings and the same shall be published annually by the department. (2) The department shall levy the state taxes authorized by law. The amount levied in any one year for general state purposes shall not exceed the lawful dollar rate on the dollar of the assessed value of the property of the entire state, which assessed value shall be one hundred percent of the true and fair value of the property in money. The department shall apportion the amount of tax for state purposes levied by the department, among the several counties, in proportion to the valuation of the taxable property of the county for the year as equalized by the department: PROVIDED, That for purposes of this apportionment, the department shall recompute the previous year’s levy and the apportionment thereof to correct for changes and errors in taxable values reported to the department after October 1 of the preceding year and shall adjust the apportioned amount of the current year’s state levy for each county by the difference between the apportioned amounts established by the original and revised levy computations for the previous year. For purposes of this section, 84.48.080 [Title 84 RCW—page 105] 84.48.110 Title 84 RCW: Property Taxes changes in taxable values mean a final adjustment made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction and shall include additions of omitted property, other additions or deletions from the assessment or tax rolls, any assessment return provided by a county to the department subsequent to December 1st, or a change in the indicated ratio of a county. Errors in taxable values mean errors corrected by a final reviewing body. (3) The department shall have authority to adopt rules and regulations to enforce obedience to its orders in all matters in relation to the returns of county assessments, the equalization of values, and the apportionment of the state levy by the department. (4) After the completion of the duties prescribed in this section, the director of the department shall certify the record of the proceedings of the department under this section, the tax levies made for state purposes and the apportionment thereof among the counties, and the certification shall be available for public inspection. [2008 c 86 § 502; 2001 c 185 § 12; 1997 c 3 § 112 (Referendum Bill No. 47, approved November 4, 1997); 1995 2nd sp.s. c 13 § 3; 1994 c 301 § 43; 1990 c 283 § 1; 1988 c 222 § 24; 1982 1st ex.s. c 28 § 1; 1979 ex.s. c 86 § 3; 1973 1st ex.s. c 195 § 99; 1971 ex.s. c 288 § 9; 1961 c 15 § 84.48.080. Prior: 1949 c 66 § 1; 1939 c 206 § 36; 1925 ex.s. c 130 § 70; Rem. Supp. 1949 § 11222; prior: 1917 c 55 § 1; 1915 c 7 § 1; 1907 c 215 § 1; 1899 c 141 § 4; 1897 c 71 § 60; 1893 c 124 § 61; 1890 p 557 § 75. Formerly RCW 84.48.080, 84.48.090, and 84.48.100.] 84.48.110 Transcript of proceedings to county assessors—Delinquent tax for certain preceding years included. After certifying the record of the proceedings of the department in accordance with RCW 84.48.080, the department shall transmit to each county assessor a copy of the record of the proceedings of the department, specifying the amount to be levied and collected for state purposes for such year, and in addition thereto it shall certify to each county assessor the amount due to each state fund and unpaid from such county for the fifth preceding year, and such delinquent state taxes shall be added to the amount levied for the current year. The department shall close the account of each county for the fifth preceding year and charge the amount of such delinquency to the tax levy of the current year. These delinquent taxes shall not be subject to chapter 84.55 RCW. All taxes collected on and after the first day of July last preceding such certificate, on account of delinquent state taxes for the fifth preceding year shall belong to the county and by the county treasurer be credited to the current expense fund of the county in which collected. [1994 c 301 § 44; 1994 c 124 § 32; 1987 c 168 § 1; 1984 c 132 § 4; 1981 c 260 § 17. Prior: 1979 ex.s. c 86 § 4; 1979 c 151 § 185; 1973 c 95 § 11; 1961 c 15 § 84.48.110; prior: 1925 ex.s. c 130 § 71; RRS § 11223; prior: 1899 c 141 § 5; 1897 c 71 § 61; 1893 c 124 § 62; 1890 p 558 § 76.] 84.48.110 Reviser’s note: This section was amended by 1994 c 124 § 32 and by 1994 c 301 § 44, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—Savings—Part headings not law—2008 c 86: See notes following RCW 82.14.030. Severability—1979 ex.s. c 86: See note following RCW 13.24.040. Contingent effective date—2001 c 185 §§ 12 and 15: "Section 15 of this act takes effect for taxes levied in 2001 for collection in 2002 and thereafter if the proposed amendment to Article VII, section 1 of the state Constitution providing for valuation increases to be phased-in over a period of four years is validly submitted to and is approved and ratified by voters at the next general election. If the proposed amendment is not approved and ratified, section 15 of this act is null and void. If such proposed amendment is approved and ratified, section 12 of this act is null and void." [2001 c 185 § 16.] 84.48.120 Extension of state taxes. It shall be the duty of the assessor of each county, when the assessor shall have received from the state department of revenue the assessed valuation of the property of railroad and other companies assessed by the department of revenue and apportioned to the county, and placed the same on the tax rolls, and received the report of the department of revenue of the amount of taxes levied for state purposes, to compute the required percent on the assessed value of property in the county, and such state taxes shall be extended on the tax rolls. The rates so computed shall not be such as to raise a surplus of more than five percent over the total amount required by the department of revenue. Any surplus raised shall be remitted to the state in accordance with RCW 84.56.280. [1994 c 301 § 45; 1994 c 124 § 33; 1987 c 168 § 2; 1979 ex.s. c 86 § 5; 1975 1st ex.s. c 278 § 206; 1961 c 15 § 84.48.120. Prior: 1939 c 206 § 37; 1925 ex.s. c 130 § 72; RRS § 11224; prior: 1890 p 544 § 38.] Reviser’s note: No proposed amendment to Article VII, section 1 of the state Constitution was submitted to the voters. Application—2001 c 185 §§ 1-12: See note following RCW 84.14.110. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Intent—1995 2nd sp.s. c 13: "With property valuations continuing to increase, property taxes have been steadily increasing. At the same time, personal incomes have not continued to rise at the same rate. Property taxes are becoming increasingly more difficult to pay. Many residential property owners complain about the overall level of taxes and about the continuing increase in tax from year to year. Taxpayers want property tax relief. The legislature intends to establish an on-going program of state property tax reductions the amount of which is to be determined by the legislature on a yearly basis based on the level of general fund tax revenues." [1995 2nd sp.s. c 13 § 1.] Severability—1982 1st ex.s. c 28: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 1st ex.s. c 28 § 3.] Severability—1979 ex.s. c 86: See note following RCW 13.24.040. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. [Title 84 RCW—page 106] 84.48.120 Reviser’s note: This section was amended by 1994 c 124 § 33 and by 1994 c 301 § 45, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—1979 ex.s. c 86: See note following RCW 13.24.040. Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.48.130 Certification of assessed valuation to taxing districts. It shall be the duty of the assessor of each county, when the assessor shall have received from the state department of revenue the certificate of the assessed valuation of the property of railroad and/ or other companies assessed by the department of revenue and apportioned to the 84.48.130 (2008 Ed.) Levy of Taxes county, and shall have distributed the value so certified, to the several taxing districts in the county entitled to a proportionate value thereof, and placed the same upon the tax rolls of the county, to certify to the county legislative authority and to the officers authorized by law to estimate expenditures and/or levy taxes for any taxing district coextensive with the county, the total assessed value of property in the county as shown by the completed tax rolls, and to certify to the officers authorized by law to estimate expenditures and/or levy taxes for each taxing district in the county not coextensive with the county, the total assessed value of the property in such taxing district. [1994 c 124 § 34; 1975 1st ex.s. c 278 § 207; 1961 c 15 § 84.48.130. Prior: 1939 c 206 § 38; 1925 ex.s. c 130 § 73; RRS § 11234.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.48.140 Property tax advisor. The county legislative authority of any county may designate one or more persons to act as a property tax advisor to any person liable for payment of property taxes in the county. A person designated as a property tax advisor shall not be an employee of the assessor’s office or have been associated in any way with the determination of any valuation of property for taxation purposes that may be the subject of an appeal. A person designated as a property tax advisor may be compensated on a fee basis or as an employee by the county from any funds available to the county for use in property evaluation including funds available from the state for use in the property tax revaluation program. The property tax advisor shall perform such duties as may be set forth by resolution of the county legislative authority. If any county legislative authority elects to designate a property tax advisor, it shall publicize the services available. [1994 c 124 § 35; 1971 ex.s. c 288 § 11.] Chapter 84.52 taxpayer has found new evidence supporting the taxpayer’s proposed valuation in which case the taxpayer shall provide such additional evidence to the assessor and board of equalization at least seven business days, excluding legal holidays, prior to the hearing. If either the assessor or taxpayer does not meet the requirements of this section the board of equalization may continue the hearing to provide the parties an opportunity to review all evidence or, upon objection, refuse to consider sales not submitted in a timely manner. [1994 c 301 § 46; 1973 1st ex.s. c 30 § 1.] 84.48.200 Rules. The department of revenue shall make such rules consistent with this chapter as shall be necessary or desirable to permit its effective administration. The rules may provide for changes of venue for the various boards of equalization. [1988 c 222 § 26.] 84.48.200 84.48.140 Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.48.150 Valuation criteria including comparative sales to be made available to taxpayer—Change. The assessor shall, upon the request of any taxpayer who petitions the board of equalization for review of a tax claim or valuation dispute, make available to said taxpayer a compilation of comparable sales utilized by the assessor in establishing such taxpayer’s property valuation. If valuation criteria other than comparable sales were used, the assessor shall furnish the taxpayer with such other factors and the addresses of such other property used in making the determination of value. The assessor shall within sixty days of such request but at least fourteen business days, excluding legal holidays, prior to such taxpayer’s appearance before the board of equalization make available to the taxpayer the valuation criteria and/ or comparable sales which shall not be subsequently changed by the assessor unless the assessor has found new evidence supporting the assessor’s valuation, in which situation the assessor shall provide such additional evidence to the taxpayer and the board of equalization at least fourteen business days prior to the hearing at the board of equalization. A taxpayer who lists comparable sales on a notice of appeal shall not subsequently change such sales unless the 84.48.150 (2008 Ed.) Chapter 84.52 Chapter 84.52 RCW LEVY OF TAXES Sections 84.52.010 84.52.018 84.52.020 84.52.025 84.52.030 84.52.040 84.52.043 84.52.044 84.52.050 84.52.0502 84.52.052 84.52.053 84.52.0531 84.52.054 84.52.056 84.52.063 84.52.065 84.52.067 84.52.068 84.52.069 84.52.070 84.52.080 84.52.085 84.52.105 84.52.120 84.52.125 84.52.130 84.52.135 84.52.700 84.52.703 84.52.706 84.52.709 84.52.712 84.52.713 84.52.718 84.52.719 84.52.721 84.52.724 84.52.727 84.52.730 84.52.733 84.52.736 Taxes levied or voted in specific amounts—Effect of constitutional and statutory limitations. Calculation of tax levy rates when the assessment of highly valued property is in dispute. City and district budgets to be filed with county legislative authority. Budgets of taxing districts filed with county commissioners to indicate estimate of cash balance. Time of levy. Levies to be made on assessed valuation. Limitations upon regular property tax levies. Limitations upon regular property tax levies—Participating fire protection jurisdictions. Limitation of levies. Rules for administration. Excess levies authorized—When—Procedure. Levies by school districts authorized—When—Procedure. Levies by school districts—Maximum dollar amount for maintenance and operation support—Restrictions—Maximum levy percentage—Levy reduction funds—Rules. Excess levies—Ballot contents—Eventual dollar rate on tax rolls. Excess levies for capital purposes authorized. Rural library district levies. State levy for support of common schools. State levy for support of common schools—Disposition of funds. State levy—Distribution to school districts. Emergency medical care and service levies. Certification of levies to assessor. Extension of taxes on rolls—Form of certificate—Delivery to treasurer. Property tax errors. Affordable housing levies authorized—Declaration of emergency and plan required. Metropolitan park districts—Protection of levy from prorationing—Ballot proposition. Fire protection districts—Protection from levy prorationing. Fire protection district excess levies. County levy for criminal justice purposes. County airport district levy authorized. Mosquito control district levies authorized. Rural county library district levy authorized. Intercounty rural library district levy authorized. Reduction of city levy if part of library district. Island library district levy authorized. Levy by receiver of disincorporated city authorized. Second-class city levies. Unclassified city sewer fund levy authorized. City accident fund levy authorized. City emergency fund levy authorized. City lowlands and waterway projects levy authorized. Metropolitan municipal corporation levy authorized. Metropolitan park district levy authorized. [Title 84 RCW—page 107] 84.52.010 84.52.739 84.52.742 84.52.745 84.52.749 84.52.750 84.52.751 84.52.754 84.52.757 84.52.760 84.52.761 84.52.763 84.52.769 84.52.772 84.52.775 84.52.778 84.52.784 84.52.786 84.52.787 84.52.790 84.52.793 84.52.796 84.52.799 84.52.802 84.52.808 84.52.811 84.52.814 84.52.817 84.52.820 84.52.823 Title 84 RCW: Property Taxes Code city accident fund levy authorized. County lands assessment fund levy authorized. General county levy authorized. County rail district tax levies authorized. Solid waste disposal district—Excess levies authorized. County hospital maintenance levy authorized. Park and recreation service area levies authorized. Park and recreation district levies authorized. County road fund levy authorized. Road and bridge service district levies authorized. City firemen’s pension fund levy authorized. Reduction of city levy if part of fire protection district. Fire protection district levies authorized. Port district levies authorized. Public utility district levy authorized. Water-sewer district levies authorized. Cultural arts, stadium and convention district tax levies authorized. Cemetery district levy authorized. Public hospital district levy authorized. Air pollution control agency levy authorized. Mental retardation and developmental disability services levy authorized. Veteran’s relief fund levy authorized. Acquisition of open space, etc., land or rights to future development by certain entities—Property tax levy authorized. River improvement fund levy authorized. Intercounty river control agreement levy authorized. Flood control zone district levy authorized. Irrigation and rehabilitation district special assessment authorized. Reclamation district levy authorized. Levy for tax refund funds. Levy for refunds: RCW 84.68.040. 84.52.010 Taxes levied or voted in specific amounts— Effect of constitutional and statutory limitations. Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts. The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively. When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner: (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 36.54.130, 84.34.230, 84.52.069, 84.52.105, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, 84.52.125, and 84.52.135, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: 84.52.010 [Title 84 RCW—page 108] (a) The portion of the levy by a fire protection district that is protected under RCW 84.52.125 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a county under RCW 84.52.135 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated; (c) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a ferry district under RCW 36.54.130 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated; (d) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (e) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (f) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated. (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations: (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a pro rata basis or eliminated; (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated; (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, regional fire protection service authorities, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for (2008 Ed.) Levy of Taxes public hospital districts, shall be reduced on a pro rata basis or eliminated; (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated; (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 and regional fire protection service authorities under RCW 52.26.140(1) (b) and (c) shall be reduced on a pro rata basis or eliminated; and (f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, regional fire protection service authorities under RCW 52.26.140(1)(a), library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated. [2007 c 54 § 26; 2005 c 122 § 2. Prior: 2004 c 129 § 21; 2004 c 80 § 3; 2003 c 83 § 310; prior: 2002 c 248 § 15; 2002 c 88 § 7; 1995 2nd sp.s. c 13 § 4; 1995 c 99 § 2; 1994 c 124 § 36; 1993 c 337 § 4; 1990 c 234 § 4; 1988 c 274 § 7; 1987 c 255 § 1; 1973 1st ex.s. c 195 § 101; 1973 1st ex.s. c 195 § 146; 1971 ex.s. c 243 § 6; 1970 ex.s. c 92 § 4; 1961 c 15 § 84.52.010; prior: 1947 c 270 § 1; 1925 ex.s. c 130 § 74; Rem. Supp. 1947 § 11235; prior: 1920 ex.s. c 3 § 1; 1897 c 71 § 62; 1893 c 124 § 63.] Severability—2007 c 54: See note following RCW 82.04.050. Application—2005 c 122: See note following RCW 84.52.125. Captions not law—Severability—2004 c 129: See RCW 52.26.900 and 52.26.901. Effective date—2004 c 80: See note following RCW 84.52.135. Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200. Intent—1995 2nd sp.s. c 13: See note following RCW 84.48.080. Finding—1993 c 337: See note following RCW 84.52.105. Purpose—1988 c 274: "The legislature finds that, due to statutory and constitutional limitations, the interdependence of the regular property tax levies of the state, counties, county road districts, cities and towns, and junior taxing districts can cause significant reductions in the otherwise authorized levies of those taxing districts, resulting in serious disruptions to essential services provided by those taxing districts. The purpose of this act is to avoid unnecessary reductions in regular property tax revenue without exceeding existing statutory and constitutional tax limitations on cumulative regular property tax levy rates. The legislature declares that it is a purpose of the state, counties, county road districts, cities and towns, public hospital districts, library districts, fire protection districts, metropolitan park districts, and other taxing districts to participate in the methods provided by this act by which revenue levels supporting the services provided by all taxing districts might be maintained." [1988 c 274 § 1.] Severability—1988 c 274: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 274 § 13.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Severability—1971 ex.s. c 243: See RCW 84.34.920. Intent—1970 ex.s. c 92: "It is the intent of this 1970 amendatory act to prevent a potential doubling of property taxes that might otherwise result from the enforcement of the constitutionally required fifty percent assess(2008 Ed.) 84.52.020 ment ratio as of January 1, 1970, and to adjust property tax millage rates for subsequent years to levels which will conform to the requirements of any constitutional amendment imposing a one percent limitation on property taxes. It is the further intent of this 1970 amendatory act that the statutory authority of any taxing district to impose excess levies shall not be impaired by reason of the reduction in millage rates for regular property tax levies. This 1970 amendatory act shall be construed to effectuate the legislative intent expressed in this section." [1970 ex.s. c 92 § 1.] Effective date—Application—1970 ex.s. c 92: "This act shall take effect July 1, 1970 but shall not affect property taxes levied in 1969 or prior years." [1970 ex.s. c 92 § 11.] 84.52.018 Calculation of tax levy rates when the assessment of highly valued property is in dispute. Whenever any property value or claim for exemption or cancellation of a property assessment is appealed to the state board of tax appeals or court of competent jurisdiction and the dollar difference between the total value asserted by the taxpayer and the total value asserted by the opposing party exceeds one-fourth of one percent of the total assessed value of property in the county, the assessor shall use only that portion of the total value which is not in controversy for purposes of computing the levy rates and extending the tax on the tax roll in accordance with this chapter, unless the state board of tax appeals has issued its determination at the time of extending the tax. When the state board of tax appeals or court of competent jurisdiction makes its final determination, the proper amount of tax shall be extended and collected for each taxing district if this has not already been done. The amount of tax collected and extended shall include interest at the rate of nine percent per year on the amount of the board’s final determination minus the amount not in controversy. The interest shall accrue from the date the taxes on the amount not in controversy were first due and payable. Any amount extended in excess of that permitted by chapter 84.55 RCW shall be held in abeyance and used to reduce the levy rates of the next succeeding levy. [1994 c 124 § 37; 1989 c 378 § 15; 1987 c 156 § 1.] 84.52.018 84.52.020 City and district budgets to be filed with county legislative authority. It shall be the duty of the city council or other governing body of every city, other than a city having a population of three hundred thousand or more, the board of directors of school districts of the first class, the superintendent of each educational service district for each constituent second-class school district, commissioners of port districts, commissioners of metropolitan park districts, and of all officials or boards of taxing districts within or coextensive with any county required by law to certify to the county legislative authority, for the purpose of levying district taxes, budgets or estimates of the amounts to be raised by taxation on the assessed valuation of the property in the city or district, through their chair and clerk, or secretary, to make and file such certified budget or estimates with the clerk of the county legislative authority on or before the thirtieth day of November. [2005 c 52 § 1; 1994 c 81 § 85; 1988 c 222 § 27; 1975-’76 2nd ex.s. c 118 § 33; 1975 c 43 § 33; 1961 c 15 § 84.52.020. Prior: 1939 c 37 § 1; 1925 ex.s. c 130 § 75; RRS § 11236; prior: 1909 c 138 § 1; 1893 c 71 §§ 2, 3.] 84.52.020 Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. [Title 84 RCW—page 109] 84.52.025 Title 84 RCW: Property Taxes Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050. 84.52.025 Budgets of taxing districts filed with county commissioners to indicate estimate of cash balance. The governing body of all taxing districts within or coextensive with any county, which are required by law to certify to a board of county commissioners, for the purpose of levying district taxes, budgets or estimates of the amounts to be raised by taxation on the assessed valuation of the property in the district, shall clearly indicate an estimate of cash balance at the beginning and ending of each budget period in said budget or estimate. [1961 c 52 § 1.] 84.52.025 84.52.030 Time of levy. For the purpose of raising revenue for state, county and other taxing district purposes, the county legislative authority of each county at its October session, and all other officials or boards authorized by law to levy taxes for taxing district purposes, shall levy taxes on all the taxable property in the county or district, as the case may be, sufficient for such purposes, and within the limitations permitted by law. [1994 c 124 § 38; 1961 c 15 § 84.52.030. Prior: 1927 c 303 § 1; 1925 ex.s. c 130 § 77; RRS § 11238; prior: 1903 c 165 § 1; 1897 c 71 § 63; 1893 c 124 § 64; 1890 p 559 § 78; Code 1881 § 2880.] 84.52.030 84.52.040 Levies to be made on assessed valuation. Whenever any taxing district or the officers thereof shall, pursuant to any provision of law or of its charter or ordinances, levy any tax, the assessed value of the property of such taxing district shall be taken and considered as the taxable value upon which such levy shall be made. [1961 c 15 § 84.52.040. Prior: 1919 c 142 § 3; RRS § 11228.] 84.52.040 84.52.043 Limitations upon regular property tax levies. Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows: (1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirtyseven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy. 84.52.043 [Title 84 RCW—page 110] (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; (g) levies imposed by ferry districts under RCW 36.54.130; (h) levies for criminal justice purposes under RCW 84.52.135; and (i) the portions of levies by fire protection districts that are protected under RCW 84.52.125. [2005 c 122 § 3; 2004 c 80 § 4; 2003 c 83 § 311; 1995 c 99 § 3; 1993 c 337 § 3; 1990 c 234 § 1; 1989 c 378 § 36; 1988 c 274 § 5; 1973 1st ex.s. c 195 § 134.] Application—2005 c 122: See note following RCW 84.52.125. Effective date—2004 c 80: See note following RCW 84.52.135. Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200. Finding—1993 c 337: See note following RCW 84.52.105. Purpose—Severability—1988 c 274: See notes following RCW 84.52.010. Effective date—1973 2nd ex.s. c 4: "Sections 4 through 6 of this 1973 amendatory act shall be effective on and after January 1, 1974." [1973 2nd ex.s. c 4 § 6.] Emergency—1973 2nd ex.s. c 4: "Except as otherwise in this 1973 amendatory act provided, this 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1973 2nd ex.s. c 4 § 7.] Construction—1973 1st ex.s. c 195: "Sections 135 through 152 of this 1973 amendatory act shall apply to tax levies made in 1973 for collection in 1974, and sections 1 through 134 shall apply to tax levies made in 1974 and each year thereafter for collection in 1975 and each year thereafter." [1973 1st ex.s. c 195 § 155.] Severability—1973 1st ex.s. c 195: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 195 § 153.] Effective dates and termination dates—1973 1st ex.s. c 195 (as amended by 1973 2nd ex.s. c 4): "This 1973 amendatory act, chapter 195, Laws of 1973, is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That section 9 shall take effect January 1, 1975, and section 133(3) shall take effect on January 31, 1974: PROVIDED, FURTHER, That section 137 shall not be effective until July 1, 1973, at which time section 136 shall be void and of no effect: PROVIDED, FURTHER, That section 138 shall not be effective until January 1, 1974, at which time section 137 shall be void and of no effect: PROVIDED, FURTHER, That section 139 shall not be effective until July 1, 1974 at which time section 138 shall be void and of no effect, and section 139 shall be null and void and of no further effect on and after January 1, 1975: PROVIDED, FURTHER, That sections 1 through 8, sections 10 through 132, section 133(1), (2), (4), and (5), and section 134 shall not take effect until January 1, 1974, at which time sections 135, 136, and sections 140 through 151 shall be void and of no effect: PROVIDED, FURTHER, That section 152 shall be void and of no effect on and after January 1, 1975." [1973 2nd ex.s. c 4 § 3; 1973 1st ex.s. c 195 § 154.] (2008 Ed.) Levy of Taxes 84.52.044 Limitations upon regular property tax levies—Participating fire protection jurisdictions. (1) If a fire protection district is a participating fire protection jurisdiction in a regional fire protection service authority, the regular property tax levies of the fire protection district are limited as follows: (a) The regular levy of the district under RCW 52.16.130 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under RCW 52.26.140(1)(a); (b) The levy of the district under RCW 52.16.140 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under RCW 52.26.140(1)(b); and (c) The levy of the district under RCW 52.16.160 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under RCW 52.26.140(1)(c). (2) If a city or town is a participating fire protection jurisdiction in a regional fire protection service authority, the regular levies of the city or town shall not exceed the applicable rates provided in RCW 27.12.390, 52.04 .081, and 84.52.043(1) less the aggregate rates of any regular levies made by the authority under RCW 52.26.140(1). (3) If a port district is a participating fire protection jurisdiction in a regional fire protection service authority, the regular levy of the port district under RCW 53.36.020 shall not exceed forty-five cents per thousand dollars of assessed value of taxable property in the district less the aggregate rates of any regular levies imposed by the authority under RCW 52.26.140(1). (4) For purposes of this section, the following definitions apply: (a) "Fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district; and (b) "Participating fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district that is represented on the governing board of a regional fire protection service authority. [2004 c 129 § 20.] 84.52.044 Captions not law—Severability—2004 c 129: See RCW 52.26.900 and 52.26.901. 84.52.050 Limitation of levies. Except as hereinafter provided, the aggregate of all tax levies upon real and personal property by the state and all taxing districts, now existing or hereafter created, shall not in any year exceed one percentum of the true and fair value of such property in money: PROVIDED, HOWEVER, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district. The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district. Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only as authorized by law and in conformity with the provisions of Article VII, section 2(a), (b), or (c) of the Constitution of the state of Washington. Nothing herein contained shall prohibit the legislature from allocating or reallocating the authority to levy taxes 84.52.050 (2008 Ed.) 84.52.052 between the taxing districts of the state and its political subdivisions in a manner which complies with the aggregate tax limitation set forth in this section. [1973 1st ex.s. c 194 § 1; 1973 c 2 § 1 (Initiative Measure No. 44, approved November 7, 1972). Prior: 1972 ex.s. c 124 § 8; 1971 ex.s. c 299 § 24; 1970 ex.s. c 92 § 5; 1970 ex.s. c 8 § 4; prior: 1969 ex.s. c 262 § 65; 1969 ex.s. c 216 § 1; 1967 ex.s. c 133 § 3; 1961 c 143 § 1; 1961 c 15 § 84.52.050; prior: 1957 c 262 § 1; 1953 c 175 § 1; 1951 2nd ex.s. c 23 § 2; 1951 c 255 § 1, part; 1950 ex.s. c 11 § 1, part; 1945 c 253 § 1, part; 1941 c 176 § 1, part; 1939 c 83 § 1, part; 1939 c 2 (Initiative Measure No. 129); 1937 c 1 (Initiative Measure No. 114); 1935 c 2 (Initiative Measure No. 94); 1933 c 4 (Initiative Measure No. 64); cf. RRS § 11238, 11238-1a, 11238-1b, 11238-1c, 11238-1d; Rem. Supp. 1941 § 11238; Rem. Supp. 1945 § 11238-1e.] Effective date—Severability—1972 ex.s. c 124: See notes following RCW 28A.150.250. Effective date—Severability—1971 ex.s. c 299: See notes following RCW 82.04.050. Intent—Effective date—Application—1970 ex.s. c 92: See notes following RCW 84.52.010. Limitation on levies: State Constitution Art. 7 § 2. State levy for support of common schools: RCW 84.52.065 and 84.52.067. 84.52.0502 Rules for administration. The department of revenue shall adopt such rules consistent with chapter 274, Laws of 1988 as shall be necessary or desirable to permit its effective administration. [2000 c 103 § 29; 1988 c 274 § 9.] 84.52.0502 Purpose—Severability—1988 c 274: See notes following RCW 84.52.010. 84.52.052 Excess levies authorized—When—Procedure. The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district, except school districts and fire protection districts, in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, water-sewer district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, cultural arts, stadium, and convention district, ferry district, city transportation authority, or regional fire protection service authority. Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state at a special or general election to be held in the year in which the levy is made. A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner 84.52.052 [Title 84 RCW—page 111] 84.52.053 Title 84 RCW: Property Taxes provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no." [2004 c 129 § 22; 2003 c 83 § 312. Prior: 2002 c 248 § 16; 2002 c 180 § 1; 1996 c 230 § 1615; 1993 c 284 § 4; 1991 c 138 § 1; 1989 c 53 § 4; 1988 ex.s. c 1 § 18; prior: 1983 c 315 § 10; 1983 c 303 § 16; 1983 c 130 § 11; 1983 c 2 § 19; prior: 1982 1st ex.s. c 22 § 17; 1982 c 175 § 7; 1982 c 123 § 19; 1981 c 210 § 20; 1977 ex.s. c 325 § 1; 1977 c 4 § 1; 1973 1st ex.s. c 195 § 102; 1973 1st ex.s. c 195 § 147; 1973 c 3 § 1; 1971 ex.s. c 288 § 26; 1965 ex.s. c 113 § 1; 1963 c 112 § 1; 1961 c 15 § 84.52.052; prior: 1959 c 304 § 8; 1959 c 290 § 1; 1957 c 58 § 15; 1957 c 32 § 1; 1955 c 93 § 1; 1953 c 189 § 1; 1951 2nd ex.s. c 23 § 3; prior: 1951 c 255 § 1, part; 1950 ex.s. c 11 § 1, part; 1945 c 253 § 1, part; 1941 c 176 § 1, part; 1939 c 83 § 1, part; 1939 c 2 (Init. Meas. No. 129); 1937 c 1 (Init. Meas. No. 114); 1935 c 2 (Init. Meas. No. 94); 1933 c 4 (Init. Meas. No. 64); Rem. Supp. 1945 § 11238-1e, part.] Captions not law—Severability—2004 c 129: See RCW 52.26.900 and 52.26.901. Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200. Contingent effective date—2002 c 180: "This act takes effect January 1, 2003, if the proposed amendment to Article VII, section 2 of the state Constitution authorizing multiyear excess property tax levies is validly submitted to and approved by the voters at the next general election. If the proposed amendment is not approved, this act is void in its entirety." [2002 c 180 § 4.] The proposed amendment to Article VII, section 2 was approved at the November 2002 election. Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001. Severability—1989 c 53: See note following RCW 36.73.020. Severability—1988 ex.s. c 1: See RCW 36.100.900. Severability—1983 c 315: See note following RCW 90.03.500. Severability—1983 c 303: See RCW 36.60.905. Severability—1983 c 2: See note following RCW 18.71.030. Severability—1982 1st ex.s. c 22: See RCW 67.38.905. Severability—1982 c 175: See note following RCW 36.58.100. Severability—1981 c 210: See note following RCW 36.68.400. Severability—1977 ex.s. c 325: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 325 § 5.] Effective date—1977 ex.s. c 325: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 325 § 6.] Severability—1977 c 4: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 c 4 § 4.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.52.053 Levies by school districts authorized— When—Procedure. (1) The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by school districts, when authorized so to do by the voters of such school district in the manner and 84.52.053 [Title 84 RCW—page 112] for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state. Elections for such taxes shall be held in the year in which the levy is made or, in the case of propositions authorizing two-year through four-year levies for maintenance and operation support of a school district, authorizing two-year levies for transportation vehicle funds established in RCW 28A.160.130, or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, which includes the purposes of RCW 28A.320.330(2)(f), in the year in which the first annual levy is made. (2) Once additional tax levies have been authorized for maintenance and operation support of a school district for a two-year through four-year period as provided under subsection (1) of this section, no further additional tax levies for maintenance and operation support of the district for that period may be authorized. For the purpose of applying the limitation of this subsection, a two-year through six-year levy to support the construction, modernization, or remodeling of school facilities shall not be deemed to be a tax levy for maintenance and operation support of a school district. (3) A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no". [2007 c 129 § 3; 1997 c 260 § 1; 1994 c 116 § 1; 1987 1st ex.s. c 2 § 103; 1986 c 133 § 1; 1977 ex.s. c 325 § 3.] Intent—2007 c 129: See note following RCW 28A.320.330. Contingent effective date—1997 c 260: "This act takes effect if the proposed amendment to Article VII, section 2 of the state Constitution authorizing school levies for periods not exceeding four years is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety." [1997 c 260 § 2.] House Joint Resolution No. 4208 was approved and ratified by the voters at the November 4, 1997, general election. Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Contingent effective date—1986 c 133: "This act shall take effect on December 15, 1986, if the proposed amendment to Article VII, section 2 of the state Constitution to change the time periods for school levies, House Joint Resolution No. 55, is validly submitted and is approved and ratified by the voters at a general election held in November, 1986. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety." [1986 c 133 § 3.] 1986 House Joint Resolution No. 55 was approved at the November 1986 general election. See Article VII, section 2 and Amendment 79 of the state Constitution. Severability—Effective date—1977 ex.s. c 325: See notes following RCW 84.52.052. School district boundary changes: RCW 84.09.037. School funds enumerated—Deposits—Uses: RCW 28A.320.330. 84.52.0531 84.52.0531 Levies by school districts—Maximum dollar amount for maintenance and operation support— Restrictions—Maximum levy percentage—Levy reduction funds—Rules. (Expires January 1, 2012.) The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows: (2008 Ed.) Levy of Taxes (1) For excess levies for collection in calendar year 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1996. (2) For excess levies for collection in calendar year 1998 and thereafter, the maximum dollar amount shall be the sum of (a) plus or minus (b) and (c) of this subsection minus (d) of this subsection: (a) The district’s levy base as defined in subsections (3) and (4) of this section multiplied by the district’s maximum levy percentage as defined in subsection (5) of this section; (b) For districts in a high/nonhigh relationship, the high school district’s maximum levy amount shall be reduced and the nonhigh school district’s maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy; (c) For districts in an interdistrict cooperative agreement, the nonresident school district’s maximum levy amount shall be reduced and the resident school district’s maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district’s levy base under subsection (3) of this section multiplied by: (i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by: (ii) The serving district’s maximum levy percentage determined under subsection (5) of this section; increased by: (iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent; (d) The district’s maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010. (3) For excess levies for collection in calendar year 2005 and thereafter, a district’s levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year and the amounts determined under subsection (4) of this section, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district’s levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection. (a) The district’s basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350; (b) State and federal categorical allocations for the following programs: (i) Pupil transportation; (ii) Special education; (iii) Education of highly capable students; (iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education; (2008 Ed.) 84.52.0531 (v) Food services; and (vi) Statewide block grant programs; and (c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes. (4) For levy collections in calendar years 2005 through 2011, in addition to the allocations included under subsection (3)(a) through (c) of this section, a district’s levy base shall also include the following: (a) The difference between the allocation the district would have received in the current school year had RCW 84.52.068 not been amended by chapter 19, Laws of 2003 1st sp. sess. and the allocation the district received in the current school year pursuant to RCW 84.52.068. The office of the superintendent of public instruction shall offset the amount added to a district’s levy base pursuant to this subsection (4)(a) by any additional per student allocations included in a district’s levy base pursuant to the enactment of an initiative to the people subsequent to June 10, 2004; and (b) The difference between the allocations the district would have received the prior school year had RCW 28A.400.205 not been amended by chapter 20, Laws of 2003 1st sp. sess. and the allocations the district actually received the prior school year pursuant to RCW 28A.400.205. The office of the superintendent of public instruction shall offset the amount added to a district’s levy base pursuant to this subsection (4)(b) by any additional salary increase allocations included in a district’s levy base pursuant to the enactment of an initiative to the people subsequent to June 10, 2004. (5) A district’s maximum levy percentage shall be twenty-two percent in 1998 and twenty-four percent in 1999 and every year thereafter; plus, for qualifying districts, the grandfathered percentage determined as follows: (a) For 1997, the difference between the district’s 1993 maximum levy percentage and twenty percent; and (b) For 1998 and thereafter, the percentage calculated as follows: (i) Multiply the grandfathered percentage for the prior year times the district’s levy base determined under subsection (3) of this section; (ii) Reduce the result of (b)(i) of this subsection by any levy reduction funds as defined in subsection (6) of this section that are to be allocated to the district for the current school year; (iii) Divide the result of (b)(ii) of this subsection by the district’s levy base; and (iv) Take the greater of zero or the percentage calculated in (b)(iii) of this subsection. (6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsections (3) and (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. [Title 84 RCW—page 113] 84.52.0531 Title 84 RCW: Property Taxes Levy reduction funds shall not include moneys received by school districts from cities or counties. (7) For the purposes of this section, "prior school year" means the most recent school year completed prior to the year in which the levies are to be collected. (8) For the purposes of this section, "current school year" means the year immediately following the prior school year. (9) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section. (10) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section. [2006 c 119 § 2; 2004 c 21 § 2; 1997 c 259 § 2; 1995 1st sp.s. c 11 § 1; 1994 c 116 § 2; 1993 c 465 § 1; 1992 c 49 § 1; 1990 c 33 § 601; 1989 c 141 § 1; 1988 c 252 § 1; 1987 1st ex.s. c 2 § 101; 1987 c 185 § 40; 1985 c 374 § 1. Prior: 1981 c 264 § 10; 1981 c 168 § 1; 1979 ex.s. c 172 § 1; 1977 ex.s. c 325 § 4.] Expiration date—2004 c 21: See note following RCW 28A.500.020. Funding not related to basic education—1997 c 259: "Funding resulting from this act is for school district activities which supplement or are not related to the state’s basic program of education obligation as set forth under Article IX of the state Constitution." [1997 c 259 § 1.] Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Effective date—1989 c 141: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989." [1989 c 141 § 2.] Intent—1987 1st ex.s. c 2: "The legislature intends to establish the limitation on school district maintenance and operations levies at twenty percent, with ten percent to be equalized on a statewide basis. The legislature further intends to establish a modern school financing system for compensation of school staff and provide a class size reduction in grades kindergarten through three. The legislature intends to give the highest funding priority to strengthening support for existing school programs. The legislature finds that providing for the adoption of a statewide salary allocation schedule for certificated instructional staff will encourage recruitment and retention of able individuals to the teaching profession, and limit the administrative burden associated with implementing state teacher salary policies." [1987 1st ex.s. c 2 § 1.] Severability—1987 1st ex.s. c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 1st ex.s. c 2 § 213.] Effective date—1987 1st ex.s. c 2: "This act shall take effect September 1, 1987." [1987 1st ex.s. c 2 § 214.] Intent—Severability—1987 c 185: See notes following RCW 51.12.130. Severability—1985 c 374: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 374 § 3.] Effective date—1981 c 264: "Section 10 of this amendatory act shall become effective for maintenance and operation excess tax levies now or hereafter authorized pursuant to RCW 84.52.053, as now or hereafter amended, for collection in 1982 and thereafter." [1981 c 264 § 11.] Severability—1981 c 264: See note following RCW 28A.545.030. Effective date—1979 ex.s. c 172: "This amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on September 1, 1979." [1979 ex.s. c 172 § 3.] Severability—1979 ex.s. c 172: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 172 § 2.] [Title 84 RCW—page 114] Severability—Effective date—1977 ex.s. c 325: See notes following RCW 84.52.052. Payments to high school districts for educating nonhigh school district students: Chapter 28A.545 RCW. Purposes: RCW 28A.545.030. Rules to effect purposes and implement provisions: RCW 28A.545.110. Superintendent’s annual determination of estimated amount due—Process: RCW 28A.545.070. 84.52.0531 Levies by school districts—Maximum dollar amount for maintenance and operation support— Restrictions—Maximum levy percentage—Levy reduction funds—Rules. (Effective January 1, 2012.) The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows: (1) For excess levies for collection in calendar year 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1996. (2) For excess levies for collection in calendar year 1998 and thereafter, the maximum dollar amount shall be the sum of (a) plus or minus (b) and (c) of this subsection minus (d) of this subsection: (a) The district’s levy base as defined in subsection (3) of this section multiplied by the district’s maximum levy percentage as defined in subsection (4) of this section; (b) For districts in a high/nonhigh relationship, the high school district’s maximum levy amount shall be reduced and the nonhigh school district’s maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy; (c) For districts in an interdistrict cooperative agreement, the nonresident school district’s maximum levy amount shall be reduced and the resident school district’s maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district’s levy base under subsection (3) of this section multiplied by: (i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by: (ii) The serving district’s maximum levy percentage determined under subsection (4) of this section; increased by: (iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent; (d) The district’s maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010. (3) For excess levies for collection in calendar year 1998 and thereafter, a district’s levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year 84.52.0531 (2008 Ed.) Levy of Taxes and the current school year and divided by fifty-five percent. A district’s levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection. (a) The district’s basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350; (b) State and federal categorical allocations for the following programs: (i) Pupil transportation; (ii) Special education; (iii) Education of highly capable students; (iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education; (v) Food services; and (vi) Statewide block grant programs; and (c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes. (4) A district’s maximum levy percentage shall be twenty-two percent in 1998 and twenty-four percent in 1999 and every year thereafter; plus, for qualifying districts, the grandfathered percentage determined as follows: (a) For 1997, the difference between the district’s 1993 maximum levy percentage and twenty percent; and (b) For 1998 and thereafter, the percentage calculated as follows: (i) Multiply the grandfathered percentage for the prior year times the district’s levy base determined under subsection (3) of this section; (ii) Reduce the result of (b)(i) of this subsection by any levy reduction funds as defined in subsection (5) of this section that are to be allocated to the district for the current school year; (iii) Divide the result of (b)(ii) of this subsection by the district’s levy base; and (iv) Take the greater of zero or the percentage calculated in (b)(iii) of this subsection. (5) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (3) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties. (6) For the purposes of this section, "prior school year" means the most recent school year completed prior to the year in which the levies are to be collected. (7) For the purposes of this section, "current school year" means the year immediately following the prior school year. (8) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section. (2008 Ed.) 84.52.054 (9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section. [1997 c 259 § 2; 1995 1st sp.s. c 11 § 1; 1994 c 116 § 2; 1993 c 465 § 1; 1992 c 49 § 1; 1990 c 33 § 601; 1989 c 141 § 1; 1988 c 252 § 1; 1987 1st ex.s. c 2 § 101; 1987 c 185 § 40; 1985 c 374 § 1. Prior: 1981 c 264 § 10; 1981 c 168 § 1; 1979 ex.s. c 172 § 1; 1977 ex.s. c 325 § 4.] Funding not related to basic education—1997 c 259: "Funding resulting from this act is for school district activities which supplement or are not related to the state’s basic program of education obligation as set forth under Article IX of the state Constitution." [1997 c 259 § 1.] Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Effective date—1989 c 141: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989." [1989 c 141 § 2.] Intent—1987 1st ex.s. c 2: "The legislature intends to establish the limitation on school district maintenance and operations levies at twenty percent, with ten percent to be equalized on a statewide basis. The legislature further intends to establish a modern school financing system for compensation of school staff and provide a class size reduction in grades kindergarten through three. The legislature intends to give the highest funding priority to strengthening support for existing school programs. The legislature finds that providing for the adoption of a statewide salary allocation schedule for certificated instructional staff will encourage recruitment and retention of able individuals to the teaching profession, and limit the administrative burden associated with implementing state teacher salary policies." [1987 1st ex.s. c 2 § 1.] Severability—1987 1st ex.s. c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 1st ex.s. c 2 § 213.] Effective date—1987 1st ex.s. c 2: "This act shall take effect September 1, 1987." [1987 1st ex.s. c 2 § 214.] Intent—Severability—1987 c 185: See notes following RCW 51.12.130. Severability—1985 c 374: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 374 § 3.] Effective date—1981 c 264: "Section 10 of this amendatory act shall become effective for maintenance and operation excess tax levies now or hereafter authorized pursuant to RCW 84.52.053, as now or hereafter amended, for collection in 1982 and thereafter." [1981 c 264 § 11.] Severability—1981 c 264: See note following RCW 28A.545.030. Effective date—1979 ex.s. c 172: "This amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on September 1, 1979." [1979 ex.s. c 172 § 3.] Severability—1979 ex.s. c 172: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 172 § 2.] Severability—Effective date—1977 ex.s. c 325: See notes following RCW 84.52.052. Payments to high school districts for educating nonhigh school district students: Chapter 28A.545 RCW. Purposes: RCW 28A.545.030. Rules to effect purposes and implement provisions: RCW 28A.545.110. Superintendent’s annual determination of estimated amount due—Process: RCW 28A.545.070. 84.52.054 Excess levies—Ballot contents—Eventual dollar rate on tax rolls. The additional tax provided for in Article VII, section 2 of the state Constitution, and specifi84.52.054 [Title 84 RCW—page 115] 84.52.056 Title 84 RCW: Property Taxes cally authorized by RCW 84.52.052, 84.52.053, 84.52.0531, and 84.52.130, shall be set forth in terms of dollars on the ballot of the proposition to be submitted to the voters, together with an estimate of the dollar rate of tax levy that will be required to produce the dollar amount; and the county assessor, in spreading this tax upon the rolls, shall determine the eventual dollar rate required to produce the amount of dollars so voted upon, regardless of the estimate of dollar rate of tax levy carried in said proposition. In the case of a school district or fire protection district proposition for a particular period, the dollar amount and the corresponding estimate of the dollar rate of tax levy shall be set forth for each of the years in that period. The dollar amount for each annual levy in the particular period may be equal or in different amounts. [2007 c 54 § 27; 1986 c 133 § 2; 1977 ex.s. c 325 § 2; 1977 c 4 § 2; 1973 1st ex.s. c 195 § 103; 1961 c 15 § 84.52.054. Prior: 1955 c 105 § 1.] Severability—2007 c 54: See note following RCW 82.04.050. Contingent effective date—1986 c 133: See note following RCW 84.52.053. Severability—Effective date—1977 ex.s. c 325: See notes following RCW 84.52.052. Severability—1977 c 4: See note following RCW 84.52.052. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 84.52.056 Excess levies for capital purposes authorized. Any municipal corporation otherwise authorized by law to issue general obligation bonds for capital purposes may, at an election duly held after giving notice thereof as required by law, authorize the issuance of general obligation bonds for capital purposes only, which shall not include the replacement of equipment, and provide for the payment of the principal and interest of such bonds by annual levies in excess of the tax limitations contained in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043. Such an election shall not be held oftener than twice a calendar year, and the proposition to issue any such bonds and to exceed said tax limitation must receive the affirmative vote of a three-fifths majority of those voting on the proposition and the total number of persons voting at such election must constitute not less than forty percent of the voters in said municipal corporation who voted at the last preceding general state election. Any taxing district shall have the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies in excess of the tax limitations provided for in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043. [1973 1st ex.s. c 195 § 104; 1973 1st ex.s. c 195 § 148; 1961 c 15 § 84.52.056. Prior: 1959 c 290 § 2; 1951 2nd ex.s. c 23 § 4; prior: 1951 c 255 § 1, part; 1950 ex.s. c 11 § 1, part; 1945 c 253 § 1, part; 1941 c 176 § 1, part; 1939 c 83 § 1, part; 1939 c 2 (Init. Meas. No. 129); 1937 c 1 (Init. Meas. No. 114); 1935 c 2 (Init. Meas. No. 94); 1933 c 4 (Init. Meas. No. 64); Rem. Supp. 1945 § 11238-1e, part.] 84.52.056 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 84.52.063 Rural library district levies. A rural library district may impose a regular property tax levy in an amount 84.52.063 [Title 84 RCW—page 116] equal to that which would be produced by a levy of fifty cents per thousand dollars of assessed value multiplied by an assessed valuation equal to one hundred percent of the true and fair value of the taxable property in the rural library district, as determined by the department of revenue’s indicated county ratio: PROVIDED, That when any county assessor shall find that the aggregate rate of levy on any property will exceed the limitation set forth in RCW 84.52.043 and 84.52.050, as now or hereafter amended, before recomputing and establishing a consolidated levy in the manner set forth in RCW 84.52.010, the assessor shall first reduce the levy of any rural library district, by such amount as may be necessary, but the levy of any rural library district shall not be reduced to less than fifty cents per thousand dollars against the value of the taxable property, as determined by the county, prior to any further adjustments pursuant to RCW 84.52.010. For purposes of this section "regular property tax levy" shall mean a levy subject to the limitations provided for in Article VII, section 2 of the state Constitution and/or by statute. [2001 c 187 § 25; 1997 c 3 § 125 (Referendum Bill No. 47, approved November 4, 1997); 1973 1st ex.s. c 195 § 105; 1973 1st ex.s. c 195 § 150; 1970 ex.s. c 92 § 9.] Contingent effective date—2001 c 187: See note following RCW 84.70.010. Application—2001 c 187: See note following RCW 84.40.020. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Intent—Effective date—Application—1970 ex.s. c 92: See notes following RCW 84.52.010. 84.52.065 State levy for support of common schools. Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of three dollars and sixty cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue. As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools. [1991 sp.s. c 31 § 16; 1979 ex.s. c 218 § 1; 1973 1st ex.s. c 195 § 106; 1971 ex.s. c 299 § 25; 1969 ex.s. c 216 § 2; 1967 ex.s. c 133 § 1.] 84.52.065 Severability—1991 sp.s. c 31: See RCW 43.99I.900. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Effective date—Severability—1971 ex.s. c 299: See notes following RCW 82.04.050. Limitation of levies: RCW 84.52.050. 84.52.067 State levy for support of common schools—Disposition of funds. All property taxes levied by the state for the support of common schools shall be paid into the general fund of the state treasury as provided in RCW 84.56.280, except for the amounts collected under RCW 84.52.068 which shall be directly deposited into the student achievement fund and distributed to school districts as pro84.52.067 (2008 Ed.) Levy of Taxes vided in RCW 84.52.068. [2001 c 3 § 7 (Initiative Measure No. 728, approved November 7, 2000); 1967 ex.s. c 133 § 2.] Short title—Purpose—Intent—Construction—Severability— Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210. 84.52.068 State levy—Distribution to school districts. (1) A portion of the proceeds of the state property tax levy shall be deposited into the student achievement fund as provided in this section. (2)(a) The amount of the deposit shall be based upon the average number of full-time equivalent students in the school districts during the previous school year as reported to the office of the superintendent of public instruction by August 31st of the previous school year. (b) For the 2004-2005 through 2007-2008 school years, an annual amount equal to two hundred fifty-four dollars per full-time equivalent student in all school districts shall be deposited in the student achievement fund. (c) For the 2008-2009 school year, an annual amount equal to two hundred sixty-five dollars per full-time equivalent student in all school districts shall be deposited in the student achievement fund. (d) For the 2009-2010 school year, an annual amount equal to two hundred seventy-seven dollars per full-time equivalent student in all school districts shall be deposited in the student achievement fund. (e) For the 2010-2011 school year and each year thereafter, an annual amount equal to two hundred seventy-eight dollars per full-time equivalent student in all school districts shall be deposited in the student achievement fund. (f) The school district annual amounts shall be deposited based on the monthly apportionment schedule as defined in RCW 28A.510.250. The office of the superintendent of public instruction shall notify the department of the monthly amounts to be deposited into the student achievement fund to meet the apportionment schedule. [2005 c 514 § 1104; 2003 1st sp.s. c 19 § 1; 2001 c 3 § 5 (Initiative Measure No. 728, approved November 7, 2000).] 84.52.068 Effective date—2005 c 514: See note following RCW 83.100.230. Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808. Application—2001 c 3 § 5 (Initiative Measure No. 728): "Section 5 of this act applies to taxes levied in 2000 for collection in 2001 and thereafter." [2001 c 3 § 6 (Initiative Measure No. 728, approved November 7, 2000).] Short title—Purpose—Intent—Construction—Severability— Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210. 84.52.069 Emergency medical care and service levies. (1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, regional fire protection service authority, or fire protection district. (2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district. The tax shall be imposed (a) each year for six consecutive years, (b) each year for ten consecutive years, or (c) permanently. A tax levy under this section must be spe84.52.069 (2008 Ed.) 84.52.069 cifically authorized by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29A.36.210. A taxing district shall not submit to the voters at the same election multiple propositions to impose a levy under this section. (3) A taxing district imposing a permanent levy under this section shall provide for separate accounting of expenditures of the revenues generated by the levy. The taxing district shall maintain a statement of the accounting which shall be updated at least every two years and shall be available to the public upon request at no charge. (4) A taxing district imposing a permanent levy under this section shall provide for a referendum procedure to apply to the ordinance or resolution imposing the tax. This referendum procedure shall specify that a referendum petition may be filed at any time with a filing officer, as identified in the ordinance or resolution. Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official. The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters of the taxing district, as of the last general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election within the taxing district if one is to be held within one hundred eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with RCW 29A.04.330. The referendum procedure provided in this subsection shall be exclusive in all instances for any taxing district imposing the tax under this section and shall supersede the procedures provided under all other statutory or charter provisions for initiative or referendum which might otherwise apply. (5) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services. (6) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. If a regional fire protection service authority imposes a tax under this section, no other taxing district that is a participat[Title 84 RCW—page 117] 84.52.070 Title 84 RCW: Property Taxes ing fire protection jurisdiction in the regional fire protection service authority may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is limited in duration and that is authorized subsequent to a county emergency medical service levy that is limited in duration, shall expire concurrently with the county emergency medical service levy. (7) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. (8) If a ballot proposition approved under subsection (2) of this section did not impose the maximum allowable levy amount authorized for the taxing district under this section, any future increase up to the maximum allowable levy amount must be specifically authorized by the voters in accordance with subsection (2) of this section at a general or special election. (9) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section. (10) For purposes of this section, the following definitions apply: (a) "Fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district; and (b) "Participating fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district that is represented on the governing board of a regional fire protection service authority. [2004 c 129 § 23; 1999 c 224 § 1; 1995 c 318 § 9; 1994 c 79 § 2; 1993 c 337 § 5; 1991 c 175 § 1; 1985 c 348 § 1; 1984 c 131 § 5; 1979 ex.s. c 200 § 1.] Captions not law—Severability—2004 c 129: See RCW 52.26.900 and 52.26.901. Application—1999 c 224: "This act applies to levies authorized after July 25, 1999." [1999 c 224 § 3.] Effective date—1995 c 318: See note following RCW 82.04.030. Finding—1993 c 337: See note following RCW 84.52.105. [Title 84 RCW—page 118] Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210. Severability—1979 ex.s. c 200: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 200 § 3.] 84.52.070 Certification of levies to assessor. It shall be the duty of the county legislative authority of each county, on or before the thirtieth day of November in each year, to certify to the county assessor of the county the amount of taxes levied upon the property in the county for county purposes, and the respective amounts of taxes levied by the board for each taxing district, within or coextensive with the county, for district purposes, and it shall be the duty of the council of each city having a population of three hundred thousand or more, and of the council of each town, and of all officials or boards of taxing districts within or coextensive with the county, authorized by law to levy taxes directly and not through the county legislative authority, on or before the thirtieth day of November in each year, to certify to the county assessor of the county the amount of taxes levied upon the property within the city, town, or district for city, town, or district purposes. If a levy amount is not certified to the county assessor by the thirtieth day of November, the county assessor shall use no more than the certified levy amount for the previous year for the taxing district: PROVIDED, That this shall not apply to the state levy or when the assessor has not certified assessed values as required by RCW 84.48.130 at least twelve working days prior to November 30th. [1994 c 81 § 86; 1988 c 222 § 28; 1961 c 15 § 84.52.070. Prior: 1925 ex.s. c 130 § 78; RRS § 11239; prior: 1890 p 558 §§ 77, 78; Code 1881 § 2881.] 84.52.070 Effective date—1988 c 222: See note following RCW 84.40.040. 84.52.080 Extension of taxes on rolls—Form of certificate—Delivery to treasurer. (1) The county assessor shall extend the taxes upon the tax rolls in the form herein prescribed. The rate percent necessary to raise the amounts of taxes levied for state and county purposes, and for purposes of taxing districts coextensive with the county, shall be computed upon the assessed value of the property of the county; the rate percent necessary to raise the amount of taxes levied for any taxing district within the county shall be computed upon the assessed value of the property of the district; all taxes assessed against any property shall be added together and extended on the rolls in a column headed consolidated or total tax. In extending any tax, whenever it amounts to a fractional part of a cent greater than five mills it shall be made one cent, and whenever it amounts to five mills or less than five mills it shall be dropped. The amount of all taxes shall be entered in the proper columns, as shown by entering the rate percent necessary to raise the consolidated or total tax and the total tax assessed against the property. (2) For the purpose of computing the rate necessary to raise the amount of any excess levy in a taxing district which has classified or designated forest land under chapter 84.33 RCW, other than the state, the county assessor shall add the district’s timber assessed value, as defined in RCW 84.33.035, to the assessed value of the property: PROVIDED, That for school districts maintenance and operations levies only one-half of the district’s timber assessed value or 84.52.080 (2008 Ed.) Levy of Taxes eighty percent of the timber roll of such district in calendar year 1983 as determined under chapter 84.33 RCW, whichever is greater, shall be added. (3) Upon the completion of such tax extension, it shall be the duty of the county assessor to make in each assessment book, tax roll or list a certificate in the following form: I, . . . . . ., assessor of . . . . . . county, state of Washington, do hereby certify that the foregoing is a correct list of taxes levied on the real and personal property in the county of . . . . . . for the year one thousand nine hundred and ...... Witness my hand this . . . . day of . . . . . ., 19. . . . . . . . . . . . . . , County Assessor (4) The county assessor shall deliver said tax rolls to the county treasurer, on or before the fifteenth day of January, taking receipt therefor, and at the same time the county assessor shall provide the county auditor with an abstract of the tax rolls showing the total amount of taxes collectible in each of the taxing districts. [1989 c 378 § 16; 1988 c 222 § 29; 1985 c 184 § 2; 1984 c 204 § 14; 1965 ex.s. c 7 § 1; 1961 c 15 § 84.52.080. Prior: 1925 ex.s. c 130 § 79; RRS § 11240; prior: 1909 c 230 § 4; 1905 c 128 § 1; 1897 c 71 §§ 64, 65; 1893 c 124 §§ 65, 66; 1890 p 566 §§ 79, 81; Code 1881 §§ 2883, 2884.] Effective date—1985 c 184 § 2: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, and shall be effective for taxes levied for collection in 1986 and thereafter." [1985 c 184 § 4.] Savings—Effective date—1984 c 204: See notes following RCW 84.33.035. 84.52.085 Property tax errors. (1) If an error has occurred in the levy of property taxes that has caused all taxpayers within a taxing district, other than the state, to pay an incorrect amount of property tax, the assessor shall correct the error by making an appropriate adjustment to the levy for that taxing district in the succeeding year. The adjustment shall be made without including any interest. If the governing authority of the taxing district determines that the amount of the adjustment in the succeeding year is so large as to cause a hardship for the taxing district or the taxpayers within the district, the adjustment may be made on a proportional basis over a period of not more than three consecutive years. (a) A correction of an error in the levying of property taxes shall not be made for any period more than three years preceding the year in which the error is discovered. (b) When calculating the levy limitation under chapter 84.55 RCW for levies made following the discovery of an error, the assessor shall determine and use the correct levy amount for the year or years being corrected as though the error had not occurred. The amount of the adjustment determined under this subsection (1) shall not be considered when calculating the levy limitation. (c) If the taxing district in which a levy error has occurred does not levy property taxes in the year the error is discovered, or for a period of more than three years subsequent to the year the error was discovered, an adjustment shall not be made. (2) If an error has occurred in the distribution of property taxes so that property tax collected has been incorrectly dis84.52.085 (2008 Ed.) 84.52.105 tributed to a taxing district or taxing districts wholly or partially within a county, the treasurer of the county in which the error occurred shall correct the error by making an appropriate adjustment to the amount distributed to that taxing district or districts in the succeeding year. The adjustment shall be made without including any interest. If the treasurer, in consultation with the governing authority of the taxing district or districts affected, determines that the amount of the adjustment in the succeeding year is so large as to cause a hardship for the taxing district or districts, the adjustment may be made on a proportional basis over a period of not more than three consecutive years. A correction of an error in the distribution of property taxes shall not be made for any period more than three years preceding the year in which the error is discovered. [2001 c 185 § 14.] Effective date—Application—2001 c 185 § 14: "Section 14 of this act takes effect January 1, 2002, and applies to errors that occur on and after January 1, 2002." [2001 c 185 § 17.] 84.52.105 Affordable housing levies authorized— Declaration of emergency and plan required. (1) A county, city, or town may impose additional regular property tax levies of up to fifty cents per thousand dollars of assessed value of property in each year for up to ten consecutive years to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levies. If both a county, and a city or town within the county, impose levies authorized under this section, the levies of the last jurisdiction to receive voter approval for the levies shall be reduced or eliminated so that the combined rates of these levies may not exceed fifty cents per thousand dollars of assessed valuation in any area within the county. A ballot proposition authorizing a levy under this section must conform with RCW 84.52.054. (2) The additional property tax levies may not be imposed until: (a) The governing body of the county, city, or town declares the existence of an emergency with respect to the availability of housing that is affordable to very low-income households in the taxing district; and (b) The governing body of the county, city, or town adopts an affordable housing financing plan to serve as the plan for expenditure of funds raised by a levy authorized under this section, and the governing body determines that the affordable housing financing plan is consistent with either the locally adopted or state-adopted comprehensive housing affordability strategy, required under the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended. (3) For purposes of this section, the term "very lowincome household" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income, as determined by the United States department of housing and urban development, with adjustments for household size, for the county where the taxing district is located. (4) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. [1995 c 318 § 10; 1993 c 337 § 2.] 84.52.105 Effective date—1995 c 318: See note following RCW 82.04.030. [Title 84 RCW—page 119] 84.52.120 Title 84 RCW: Property Taxes Finding—1993 c 337: "The legislature finds that: (1) Many very low-income residents of the state of Washington are unable to afford housing that is decent, safe, and appropriate to their living needs; (2) Recent federal housing legislation conditions funding for affordable housing on the availability of local matching funds; (3) Current statutory debt limitations may impair the ability of counties, cities, and towns to meet federal matching requirements and, as a consequence, may impair the ability of such counties, cities, and towns to develop appropriate and effective strategies to increase the availability of safe, decent, and appropriate housing that is affordable to very low-income households; and (4) It is in the public interest to encourage counties, cities, and towns to develop locally based affordable housing financing plans designed to expand the availability of housing that is decent, safe, affordable, and appropriate to the living needs of very low-income households of the counties, cities, and towns." [1993 c 337 § 1.] 84.52.120 84.52.120 Metropolitan park districts—Protection of levy from prorationing—Ballot proposition. A metropolitan park district with a population of one hundred fifty thousand or more may submit a ballot proposition to voters of the district authorizing the protection of the district’s tax levy from prorationing under RCW 84.52.010(2) by imposing all or any portion of the district’s twenty-five cent per thousand dollars of assessed valuation tax levy outside of the five dollar and ninety cent per thousand dollar of assessed valuation limitation established under RCW 84.52.043(2), if those taxes otherwise would be prorated under RCW 84.52.010(2)(c), for taxes imposed in any year on or before the first day of January six years after the ballot proposition is approved. A simple majority vote of voters voting on the proposition is required for approval. [1995 c 99 § 1.] 84.52.125 84.52.125 Fire protection districts—Protection from levy prorationing. A fire protection district may protect the d is t r i c t ’ s t ax le v y f r o m p r o r a t i o n in g u n d e r R C W 84.52.010(2) by imposing up to a total of twenty-five cents per thousand dollars of assessed value of the tax levies authorized under RCW 52.16.140 and 52.16.160 outside of the five dollars and ninety cents per thousand dollars of assessed valuation limitation established under RCW 84.52.043(2), if those taxes otherwise would be prorated under RCW 84.52.010(2)(e). [2005 c 122 § 1.] Application—2005 c 122: "This act applies to taxes levied for collection in 2006 and thereafter." [2005 c 122 § 4.] 84.52.130 84.52.130 Fire protection district excess levies. The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by a fire protection district, when authorized so to do by the voters of a fire protection district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state. Elections for taxes shall be held in the year in which the levy is made, or in the case of propositions authorizing two-year through four-year levies for maintenance and operation support of a fire district, or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of fire district facilities, in the year in which the first annual levy is made. Once additional tax levies have been authorized for maintenance and operation support of a fire protection district for a twoyear through four-year period, no further additional tax levies [Title 84 RCW—page 120] for maintenance and operation support of the district for that period may be authorized. A special election may be called and the time fixed by the fire protection district commissioners, by giving notice by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing the excess levy shall be submitted in a form as to enable the voters favoring the proposition to vote "yes" and those opposed to vote "no." [2002 c 180 § 2.] Contingent effective date—2002 c 180: See note following RCW 84.52.052. 84.52.135 County levy for criminal justice purposes. (1) A county with a population of ninety thousand or less may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the county in accordance with the terms of this section. (2) The tax proposition may be submitted at a general or special election. (3) The tax may be imposed each year for six consecutive years when specifically authorized by the registered voters voting on the proposition, subject to the following: (a) If the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in the taxing district at the last general election, the number of persons voting "yes" on the proposition shall constitute at least three-fifths of a number equal to forty percent of the total number of voters voting in the taxing district at the last general election. (b) If the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in the taxing district at the last preceding general election, the number of persons voting "yes" on the proposition shall be at least three-fifths of the registered voters voting on the proposition. (4) Ballot propositions shall conform with RCW 29A.36.210. (5) Any tax imposed under this section shall be used exclusively for criminal justice purposes. (6) The limitations in RCW 84.52.043 do not apply to the tax authorized in this section. (7) The limitation in RCW 84.55.010 does not apply to the first tax levy imposed pursuant to this section following the approval of the levy by the voters pursuant to subsection (3) of this section. [2004 c 80 § 1.] 84.52.135 Effective date—2004 c 80: "This act takes effect July 1, 2004." [2004 c 80 § 5.] 84.52.700 County airport district levy authorized. See RCW 14.08.290. 84.52.700 84.52.703 Mosquito control district levies authorized. See RCW 17.28.100, 17.28.252, and 17.28.260. 84.52.703 84.52.706 Rural county library district levy authorized. See RCW 27.12.050 and 27.12.222. 84.52.706 84.52.709 Intercounty rural library district levy authorized. See RCW 27.12.150 and 27.12.222. 84.52.709 (2008 Ed.) Levy of Taxes 84.52.823 84.52.712 Reduction of city levy if part of library district. See RCW 27.12.390. 84.52.763 City firemen’s pension fund levy authorized. See RCW 41.16.060. 84.52.713 Island library district levy authorized. See RCW 27.12.420 and 27.12.222. 84.52.769 Reduction of city levy if part of fire protection district. See RCW 52.04.081. 84.52.718 Levy by receiver of disincorporated city authorized. See RCW 35.07.180. 84.52.772 Fire protection district levies authorized. See RCW 52.16.130, 52.16.140, and 52.16.160. 84.52.719 Second-class city levies. 35.23.470. See RCW 84.52.775 Port district levies authorized. See RCW 53.36.020, 53.36.070, 53.36.100, and 53.47.040. 84.52.721 Unclassified city sewer fund levy authorized. See RCW 35.30.020. 84.52.778 Public utility district levy authorized. See RCW 54.16.080. 84.52.724 City accident fund levy authorized. RCW 35.31.060. See 84.52.784 Water-sewer district levies authorized. See RCW 57.04.050, 57.20.019, and 57.20.105. 84.52.727 City emergency fund levy authorized. See RCW 35.32A.060. 84.52.786 Cultural arts, stadium and convention district tax levies authorized. See RCW 67.38.110 and 67.38.130. 84.52.712 84.52.713 84.52.718 84.52.719 84.52.721 84.52.724 84.52.763 84.52.769 84.52.772 84.52.775 84.52.778 84.52.784 84.52.727 84.52.730 City lowlands and waterway projects levy authorized. See RCW 35.56.190. 84.52.730 84.52.733 Metropolitan municipal corporation levy authorized. See RCW 35.58.090. 84.52.733 84.52.736 Metropolitan park district levy authorized. See RCW 35.61.210. 84.52.736 84.52.739 Code city accident fund levy authorized. See RCW 35A.31.070. 84.52.739 84.52.742 County lands assessment fund levy authorized. See RCW 36.33.120 and 36.33.140. 84.52.742 84.52.786 84.52.787 Cemetery district levy authorized. RCW 68.52.290 and 68.52.310. 84.52.787 See 84.52.790 Public hospital district levy authorized. See RCW 70.44.060. 84.52.790 84.52.793 Air pollution control agency levy authorized. See RCW 70.94.091. 84.52.793 84.52.796 Mental retardation and developmental disability services levy authorized. See RCW 71.20.110. 84.52.796 See 84.52.799 Veteran’s relief fund levy authorized. See RCW 73.08.080. 84.52.749 County rail district tax levies authorized. See RCW 36.60.040. 84.52.802 Acquisition of open space, etc., land or rights to future development by certain entities—Property tax levy authorized. See RCW 84.34.230. 84.52.750 Solid waste disposal district—Excess levies authorized. See RCW 36.58.150. 84.52.808 River improvement fund levy authorized. See RCW 86.12.010. 84.52.751 County hospital maintenance levy authorized. See RCW 36.62.090. 84.52.811 Intercounty river control agreement levy authorized. See RCW 86.13.010 and 86.13.030. 84.52.754 Park and recreation service area levies authorized. See RCW 36.68.520 and 36.68.525. 84.52.814 Flood control zone district levy authorized. See RCW 86.15.160. 84.52.757 Park and recreation district levies authorized. See RCW 36.69.140 and 36.69.145. 84.52.817 Irrigation and rehabilitation district special assessment authorized. See RCW 87.84.070. 84.52.760 County road fund levy authorized. RCW 36.82.040. 84.52.820 Reclamation district levy authorized. See RCW 89.30.391 through 89.30.397. 84.52.745 General county levy authorized. RCW 36.40.090. 84.52.745 84.52.802 84.52.749 84.52.750 84.52.751 84.52.754 84.52.757 84.52.760 See 84.52.761 Road and bridge service district levies authorized. See RCW 36.83.030 and 36.83.040. 84.52.761 (2008 Ed.) 84.52.799 84.52.808 84.52.811 84.52.814 84.52.817 84.52.820 84.52.823 Levy for tax refund funds. 84.68.040. 84.52.823 See RCW [Title 84 RCW—page 121] Chapter 84.55 Chapter 84.55 Title 84 RCW: Property Taxes Chapter 84.55 RCW LIMITATIONS UPON REGULAR PROPERTY TAXES Sections 84.55.005 84.55.010 84.55.0101 84.55.015 84.55.020 84.55.030 84.55.035 84.55.040 84.55.045 84.55.047 84.55.050 84.55.060 84.55.070 84.55.080 84.55.092 84.55.100 84.55.110 84.55.120 84.55.125 Definitions. Limitations prescribed. Limit factor—Authorization for taxing district to use one hundred one percent or less—Ordinance or resolution. Restoration of regular levy. Limitation upon first levy for district created from consolidation. Limitation upon first levy following annexation. Inapplicability of limitation to newly-formed taxing district created other than by consolidation or annexation. Increase in statutory dollar rate limitation. Applicability of chapter to levy by port district for industrial development district purposes. Applicability of chapter to community revitalization financing increment areas. Election to authorize increase in regular property tax levy— Limited propositions—Procedure. Rate rules—Educational program—Other necessary action. Inapplicability of chapter to levies for certain purposes. Adjustment to tax limitation. Protection of future levy capacity. Determination of limitations. Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district—Calculation of taxes due. Public hearing—Taxing district’s revenue sources—Adoption of tax increase by ordinance or resolution. Limitation adjustment for certain leasehold interests. 84.55.005 Definitions. As used in this chapter: (1) "Inflation" means the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelvemonth period by the bureau of economic analysis of the federal department of commerce in September of the year before the taxes are payable; (2) "Limit factor" means: (a) For taxing districts with a population of less than ten thousand in the calendar year prior to the assessment year, one hundred one percent; (b) For taxing districts for which a limit factor is authorized under RCW 84.55.0101, the lesser of the limit factor authorized under that section or one hundred one percent; (c) For all other districts, the lesser of one hundred one percent or one hundred percent plus inflation; and (3) "Regular property taxes" has the meaning given it in RCW 84.04.140. [2007 sp.s. c 1 § 1. Prior: 1997 c 393 § 20; 1997 c 3 § 201 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 49; 1983 1st ex.s. c 62 § 11.] 84.55.005 Reviser’s note: On November 8, 2007, Initiative Measure No. 747 was declared unconstitutional in its entirety in Washington Citizens Action of Washington v. State, Washington State Supreme Court (No. 78844-8). amount of regular property taxes lawfully levied for such district in the highest of the three most recent years in which such taxes were levied for such district plus an additional dollar amount calculated by multiplying the increase in assessed value in that district resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, and any increase in the assessed value of state-assessed property by the regular property tax levy rate of that district for the preceding year. [2006 c 184 § 1; 1997 c 3 § 202 (Referendum Bill No. 47, approved November 4, 1997); 1979 ex.s. c 218 § 2; 1973 1st ex.s. c 67 § 1; 1971 ex.s. c 288 § 20.] Reviser’s note: Throughout chapter 84.55 RCW the phrase "this 1971 amendatory act" has been changed to "this chapter." For codification of "this 1971 amendatory act" [1971 ex.s. c 288], see Codification Tables, Volume 0. Intent—1997 c 3 §§ 201-207: "It is the intent of sections 201 through 207 of this act to lower the one hundred six percent limit while still allowing taxing districts to raise revenues in excess of the limit if approved by a majority of the voters as provided in RCW 84.55.050." [1997 c 3 § 208 (Referendum Bill No. 47, approved November 4, 1997).] Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Effective date—Applicability—1979 ex.s. c 218: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That the amendment to RCW 84.55.010 by section 2 of this act shall be effective for 1979 levies for taxes collected in 1980, and for subsequent years." [1979 ex.s. c 218 § 8.] 84.55.0101 Limit factor—Authorization for taxing district to use one hundred one percent or less—Ordinance or resolution. Upon a finding of substantial need, the legislative authority of a taxing district other than the state may provide for the use of a limit factor under this chapter of one hundred one percent or less. In districts with legislative authorities of four members or less, two-thirds of the members must approve an ordinance or resolution under this section. In districts with more than four members, a majority plus one vote must approve an ordinance or resolution under this section. The new limit factor shall be effective for taxes collected in the following year only. [2007 sp.s. c 1 § 2; 1997 c 3 § 204 (Referendum Bill No. 47, approved November 4, 1997).] 84.55.0101 Reviser’s note: On November 8, 2007, Initiative Measure No. 747 was declared unconstitutional in its entirety in Washington Citizens Action of Washington v. State, Washington State Supreme Court (No. 78844-8). Application—2007 sp.s. c 1: "This act applies both prospectively and retroactively to taxes levied for collection in 2002 and thereafter." [2007 sp.s. c 1 § 3.] Application—Effective date—2007 sp.s. c 1: See notes following RCW 84.55.0101. Effective date—2007 sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [November 29, 2007]." [2007 sp.s. c 1 § 4.] Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010. Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Short title—Intent—Effective dates—Applicability—1983 1st ex.s. c 62: See notes following RCW 84.36.477. 84.55.010 Limitations prescribed. Except as provided in this chapter, the levy for a taxing district in any year shall be set so that the regular property taxes payable in the following year shall not exceed the limit factor multiplied by the 84.55.010 [Title 84 RCW—page 122] 84.55.015 Restoration of regular levy. If a taxing district has not levied since 1985 and elects to restore a regular property tax levy subject to applicable statutory limitations then such first restored levy shall be set so that the regular property tax payable shall not exceed the amount which was last levied, plus an additional dollar amount calculated by 84.55.015 (2008 Ed.) Limitations Upon Regular Property Taxes multiplying the increase in assessed value in the district since the last levy resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, and any increase in the assessed value of state-assessed property by the property tax rate which is proposed to be restored, or the maximum amount which could be lawfully levied in the year such a restored levy is proposed. [2006 c 184 § 2; 1999 c 96 § 1; 1979 ex.s. c 218 § 4.] 84.55.020 Limitation upon first levy for district created from consolidation. Notwithstanding the limitation set forth in RCW 84.55.010, the first levy for a taxing district created from consolidation of similar taxing districts shall be set so that the regular property taxes payable in the following year shall not exceed the limit factor multiplied by the sum of the amount of regular property taxes lawfully levied for each component taxing district in the highest of the three most recent years in which such taxes were levied for such district plus the additional dollar amount calculated by multiplying the increase in assessed value in each component district resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, and any increase in the assessed value of state-assessed property by the regular property tax rate of each component district for the preceding year. [2006 c 184 § 3; 1997 c 3 § 203 (Referendum Bill No. 47, approved November 4, 1997); 1971 ex.s. c 288 § 21.] 84.55.020 Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010. Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.55.030 Limitation upon first levy following annexation. For the first levy for a taxing district following annexation of additional property, the limitation set forth in RCW 84.55.010 shall be increased by an amount equal to (1) the aggregate assessed valuation of the newly annexed property as shown by the current completed and balanced tax rolls of the county or counties within which such property lies, multiplied by (2) the dollar rate that would have been used by the annexing unit in the absence of such annexation, plus (3) the additional dollar amount calculated by multiplying the increase in assessed value in the annexing district resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, and any increase in the assessed value of state-assessed property by the regular property tax levy rate of that annexing taxing district for the preceding year. [2006 c 184 § 4; 1973 1st ex.s. c 195 § 107; 1971 ex.s. c 288 § 22.] 84.55.030 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.55.035 Inapplicability of limitation to newlyformed taxing district created other than by consolidation or annexation. RCW 84.55.010 shall not apply to the first 84.55.035 (2008 Ed.) 84.55.050 levy by or for a newly-formed taxing district created other than by consolidation or annexation. This section shall be retroactive in effect and shall be deemed to validate any levy within its scope, even though the levy has been made prior to June 4, 1979. [1979 ex.s. c 218 § 5.] 84.55.040 Increase in statutory dollar rate limitation. If by reason of the operation of RCW 84.52.043 and 84.52.050, as now or hereafter amended the statutory dollar rate limitation applicable to the levy by a taxing district has been increased over the statutory millage limitation applicable to such taxing district’s levy in the preceding year, the limitation on the dollar rate amount of a levy provided for in this chapter shall be increased by multiplying the otherwise dollar limitation by a fraction, the numerator of which is the increased dollar limitation and the denominator of which is the dollar limitation for the prior year. [1973 1st ex.s. c 195 § 108; 1973 1st ex.s. c 195 § 151; 1971 ex.s. c 288 § 23.] 84.55.040 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.55.045 Applicability of chapter to levy by port district for industrial development district purposes. For purposes of applying the provisions of this chapter: (1) A levy by or for a port district pursuant to RCW 53.36.100 shall be treated in the same manner as a separate regular property tax levy made by or for a separate taxing district; and (2) The first levy by or for a port district pursuant to RCW 53.36.100 after April 1, 1982, shall not be subject to RCW 84.55.010. [1982 1st ex.s. c 3 § 2.] 84.55.045 Effective date—1982 1st ex.s. c 3: See note following RCW 53.36.100. 84.55.047 Applicability of chapter to community revitalization financing increment areas. Limitations on regular property taxes that are provided in this chapter shall continue in a taxing district whether or not an increment area exists within the taxing district as provided under chapter 39.89 RCW. [2001 c 212 § 24.] 84.55.047 Severability—2001 c 212: See RCW 39.89.902. 84.55.050 Election to authorize increase in regular property tax levy—Limited propositions—Procedure. (1) Subject to any otherwise applicable statutory dollar rate limitations, regular property taxes may be levied by or for a taxing district in an amount exceeding the limitations provided for in this chapter if such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters. Any election held pursuant to this section shall be held not more than twelve months prior to the date on which the proposed levy is to be made, except as provided in subsection (2) of this section. The ballot of the proposition shall state the dollar rate proposed and shall 84.55.050 [Title 84 RCW—page 123] 84.55.060 Title 84 RCW: Property Taxes clearly state the conditions, if any, which are applicable under subsection (4) of this section. (2) Subject to statutory dollar limitations, a proposition placed before the voters under this section may authorize annual increases in levies for multiple consecutive years, up to six consecutive years, during which period each year’s authorized maximum legal levy shall be used as the base upon which an increased levy limit for the succeeding year is computed, but the ballot proposition must state the dollar rate proposed only for the first year of the consecutive years and must state the limit factor, or a specified index to be used for determining a limit factor, such as the consumer price index, which need not be the same for all years, by which the regular tax levy for the district may be increased in each of the subsequent consecutive years. Elections for this purpose must be held at a primary or general election. The title of each ballot measure must state the limited purposes for which the proposed annual increases during the specified period of up to six consecutive years shall be used, and funds raised under the levy shall not supplant existing funds used for these purposes. For purposes of this subsection, existing funds means the actual operating expenditures for the calendar year in which the ballot measure is approved by voters. Actual operating expenditures excludes lost federal funds, lost or expired state grants or loans, extraordinary events not likely to reoccur, changes in contract provisions beyond the control of the taxing district receiving the services, and major nonrecurring capital expenditures. (3) After a levy authorized pursuant to this section is made, the dollar amount of such levy may not be used for the purpose of computing the limitations for subsequent levies provided for in this chapter, unless the ballot proposition expressly states that the levy made under this section will be used for this purpose. (4) If expressly stated, a proposition placed before the voters under subsection (1) or (2) of this section may: (a) Use the dollar amount of a levy under subsection (1) of this section, or the dollar amount of the final levy under subsection (2) of this section, for the purpose of computing the limitations for subsequent levies provided for in this chapter; (b) Limit the period for which the increased levy is to be made under (a) of this subsection; (c) Limit the purpose for which the increased levy is to be made under (a) of this subsection, but if the limited purpose includes making redemption payments on bonds, the period for which the increased levies are made shall not exceed nine years; (d) Set the levy or levies at a rate less than the maximum rate allowed for the district; or (e) Include any combination of the conditions in this subsection. (5) Except as otherwise expressly stated in an approved ballot measure under this section, subsequent levies shall be computed as if: (a) The proposition under this section had not been approved; and (b) The taxing district had made levies at the maximum rates which would otherwise have been allowed under this chapter during the years levies were made under the proposition. [2008 c 319 § 1; 2007 c 380 § 2; 2003 1st sp.s. c 24 § 4; [Title 84 RCW—page 124] 1989 c 287 § 1; 1986 c 169 § 1; 1979 ex.s. c 218 § 3; 1973 1st ex.s. c 195 § 109; 1971 ex.s. c 288 § 24.] Application—2008 c 319: "This act applies prospectively only to levy lid lift ballot propositions under RCW 84.55.050 that receive voter approval on or after April 1, 2008." [2008 c 319 § 2.] Effective date—2008 c 319: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2008]." [2008 c 319 § 3.] Finding—Intent—Effective date—Severability—2003 1st sp.s. c 24: See notes following RCW 82.14.450. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.55.060 Rate rules—Educational program—Other necessary action. The department of revenue shall adopt rules relating to the calculation of tax rates and the limitation in RCW 84.55.010, conduct an educational program on this subject, and take any other action necessary to insure compliance with the statutes and rules on this subject. [1979 ex.s. c 218 § 6.] 84.55.060 84.55.070 84.55.070 Inapplicability of chapter to levies for certain purposes. The provisions of this chapter shall not apply to a levy, including the state levy, or that portion of a levy, made by or for a taxing district for the purpose of funding a property tax refund paid or to be paid pursuant to the provisions of chapter 84.68 RCW or attributable to a property tax refund paid or to be paid pursuant to the provisions of chapter 84.69 RCW, attributable to amounts of state taxes withheld under RCW 84.56.290 or the provisions of chapter 84.69 RCW, or otherwise attributable to state taxes lawfully owing by reason of adjustments made under RCW 84.48.080. [1982 1st ex.s. c 28 § 2; 1981 c 228 § 3.] Severability—1982 1st ex.s. c 28: See note following RCW 84.48.080. 84.55.080 84.55.080 Adjustment to tax limitation. Pursuant to chapter 39.88 RCW, any increase in the assessed value of real property within an apportionment district resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, or any increase in the assessed value of state-assessed property shall not be included in the increase in assessed value resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements, or any increase in the assessed value of state-assessed property for purposes of calculating any limitations upon regular property taxes under this chapter until the termination of apportionment as set forth in RCW 39.88.070(4), as now or hereafter amended, except to the extent a taxing district actually will receive the taxes levied upon this value. Tax allocation revenues, as defined in RCW 39.88.020, as now or hereafter amended, shall not be deemed to be "regular property taxes" for purposes of this chapter. [2006 c 184 § 5; 1982 1st ex.s. c 42 § 12.] Captions not part of law—Severability—1982 1st ex.s. c 42: See RCW 39.88.910 and 39.88.915. (2008 Ed.) Collection of Taxes 84.55.092 Protection of future levy capacity. The regular property tax levy for each taxing district other than the state may be set at the amount which would be allowed otherwise under this chapter if the regular property tax levy for the district for taxes due in prior years beginning with 1986 had been set at the full amount allowed under this chapter including any levy authorized under RCW 52.16.160 that would have been imposed but for the limitation in RCW 52.18.065, applicable upon imposition of the benefit charge under chapter 52.18 RCW. The purpose of this section is to remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions. [1998 c 16 § 3; 1988 c 274 § 4; 1986 c 107 § 3.] 84.55.092 Reviser’s note: Restored to the RCW September 20, 2001, under the Washington Supreme Court decision in City of Burien et al v. Frederick C Kiga et al, 31 P.3d 659, 144 Wn.2d 819, which declared Initiative Measure No. 722 (2001 c 2) unconstitutional in its entirety. Purpose—Severability—1988 c 274: See notes following RCW 84.52.010. Severability—Construction—1986 c 107: See notes following RCW 39.67.010. 84.55.100 Determination of limitations. The property tax limitation contained in this chapter shall be determined by the county assessors of the respective counties in accordance with the provisions of this chapter: PROVIDED, That the limitation for any state levy shall be determined by the department of revenue and the limitation for any intercounty rural library district shall be determined by the library district in consultation with the respective county assessors. [1983 c 223 § 1.] 84.55.100 84.55.110 Withdrawal of certain areas of a library district, metropolitan park district, fire protection district, or public hospital district—Calculation of taxes due. Whenever a withdrawal occurs under RCW 27.12.355, 35.61.360, 52.04.056, or 70.44.235, restrictions under chapter 84.55 RCW on the taxes due for the library district, metropolitan park district, fire protection district, or public hospital district, and restrictions under chapter 84.55 RCW on the taxes due for the city or town if an entire city or town area is withdrawn from a library district or fire protection district, shall be calculated as if the withdrawn area had not been part of the library district, metropolitan park district, fire protection district, or public hospital district, and as if the library district or fire protection district had not been part of the city or town. [1987 c 138 § 6.] 84.55.110 84.55.120 Public hearing—Taxing district’s revenue sources—Adoption of tax increase by ordinance or resolution. A taxing district, other than the state, that collects regular levies shall hold a public hearing on revenue sources for the district’s following year’s current expense budget. The hearing must include consideration of possible increases in property tax revenues and shall be held prior to the time the taxing district levies the taxes or makes the request to have the taxes levied. The county legislative authority, or the taxing district’s governing body if the district is a city, town, or other type of district, shall hold the hearing. For purposes of this section, "current expense budget" means that budget which is primarily funded by taxes and charges and reflects the provision of ongoing services. It does not mean the capital, enterprise, or special assessment budgets of cities, towns, counties, or special purpose districts. If the taxing district is otherwise required to hold a public hearing on its proposed regular tax levy, a single public hearing may be held on this matter. No increase in property tax revenue, other than that resulting from the addition of new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, and improvements to property and any increase in the value of state-assessed property, may be authorized by a taxing district, other than the state, except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percentage. The ordinance or resolution may cover a period of up to two years, but the ordinance shall specifically state for each year the dollar increase and percentage change in the levy from the previous year. [2006 c 184 § 6; 1997 c 3 § 209 (Referendum Bill No. 47, approved November 4, 1997); 1995 c 251 § 1.] Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. 84.55.125 Limitation adjustment for certain leasehold interests. For taxes levied for collection in 2002, the limitation set forth in RCW 84.55.010 for a taxing district shall be increased by an amount equal to the aggregate assessed valuation of leasehold interests subject to tax by the district under RCW 84.40.410, multiplied by the regular property tax levy rate of that district for the preceding year. [2001 c 26 § 4.] 84.55.125 Chapter 84.56 Chapter 84.56 RCW COLLECTION OF TAXES Sections 84.56.010 84.56.020 84.56.022 84.56.025 84.56.035 84.56.050 84.56.060 84.56.070 84.55.120 (2008 Ed.) Chapter 84.56 84.56.075 84.56.090 84.56.120 84.56.150 84.56.160 84.56.170 Establishment of tax rolls by treasurer—Public record—Tax roll account—Authority to receive, collect taxes. Taxes collected by treasurer—Dates of delinquency—Tax statement notice concerning payment by check—Interest— Penalties—Extensions during state of emergency. Tax statement to show voter-approved levies. Waiver of interest and penalties—Circumstances—Provision of death certificate and affidavit for certain waivers. Special assessments, excise taxes, or rates and charges—Collection by county treasurer authorized. Treasurer’s duties on receiving rolls—Notice of taxes due. Tax receipts—Current tax only may be paid. Personal property—Distraint and sale, notice, property incapable of manual delivery, property about to be removed or disposed of. Issuance of warrant by court for property subject to distraint. Distraint and sale of property about to be removed, dissipated, sold, or disposed of—Computation of taxes, entry on rolls, tax liens. Removal of property from county or state after assessment without paying tax. Removal of personalty—Certification of tax by treasurer. Certification of statement of taxes and delinquency. Collection of certified taxes—Remittance. [Title 84 RCW—page 125] 84.56.010 84.56.200 84.56.210 84.56.220 84.56.230 84.56.240 84.56.250 84.56.260 84.56.270 84.56.280 84.56.290 84.56.300 84.56.310 84.56.320 84.56.330 84.56.340 84.56.345 84.56.360 84.56.370 84.56.380 84.56.430 84.56.440 Title 84 RCW: Property Taxes Removal of timber or improvements on which tax is delinquent—Penalty. Severance of standing timber assessed as realty—Timber tax may be collected as personalty tax. Lien of personalty tax follows insurance. Monthly distribution of taxes collected. Cancellation of uncollectible personalty taxes. Penalty for willful noncollection or failure to file delinquent list. Continuing responsibility to collect taxes, special assessments, fees, rates, or other charges. Court cancellation of personalty taxes more than four years delinquent. Settlement with state for state taxes—Penalty. Adjustment with state for reduced or canceled taxes and for taxes on assessments not on the certified assessment list. Annual report of collections to county auditor. Interested person may pay real property taxes—Limitation. Recovery by occupant or tenant paying realty taxes. Payment by mortgagee or other lien holder. Payment on part of parcel or tract or on undivided interest or fractional interest—Division—Certification—Appeal. Alteration of property lines—Payment of taxes and assessments. Separate ownership of improvements—Separate payment authorized. Separate ownership of improvements—Procedure for segregation of improvement tax. Separate ownership of improvements—Segregation or payment not to release lien. Relisting and relevy of tax adjudged void. Ships and vessels—Collection of taxes—Delinquent taxes— Valuation and assessment of unlisted ships or vessels— Extensions during state of emergency. 84.56.010 Establishment of tax rolls by treasurer— Public record—Tax roll account—Authority to receive, collect taxes. On or before the first Monday in January next succeeding the date of levy of taxes the county treasurer shall establish tax rolls of his or her county as certified by the county assessor for such assessment year, and said rolls shall be preserved as a public record in the office of the county treasurer. The amount of said taxes levied and extended upon said rolls shall be charged to the treasurer in an account to be designated as treasurer’s "Tax roll account" for . . . . . . and said rolls shall be full and sufficient authority for the county treasurer to receive and collect all taxes therein levied: PROVIDED, That the county treasurer shall in no case collect such taxes or issue receipts for the same or enter payment or satisfaction of such taxes upon said assessment rolls before the county treasurer has completed the tax roll for the current year’s collection and provided the notification required by RCW 84.56.020. [2007 c 105 § 1; 1994 c 301 § 50; (1975’76 2nd ex.s. c 10 § 1 expired December 31, 1976); 1965 ex.s. c 7 § 2; 1961 c 15 § 84.56.010. Prior: 1935 c 30 § 1; 1925 ex.s. c 130 § 82; RRS § 11243; prior: 1890 p 561 § 83.] 84.56.010 84.56.020 Taxes collected by treasurer—Dates of delinquency—Tax statement notice concerning payment by check—Interest—Penalties—Extensions during state of emergency. (1) The county treasurer shall be the receiver and collector of all taxes extended upon the tax rolls of the county, whether levied for state, county, school, bridge, road, municipal or other purposes, and also of all fines, forfeitures or penalties received by any person or officer for the use of his or her county. No treasurer shall accept tax payments or issue receipts for the same until the treasurer has completed the tax roll for the current year’s collection and provided notification of the completion of the roll. Notification may be accomplished electronically, by posting a notice in the office, 84.56.020 [Title 84 RCW—page 126] or through other written communication as determined by the treasurer. All taxes upon real and personal property made payable by the provisions of this title shall be due and payable to the treasurer on or before the thirtieth day of April and, except as provided in this section, shall be delinquent after that date. (2) Each tax statement shall include a notice that checks for payment of taxes may be made payable to "Treasurer of . . . . . . County" or other appropriate office, but tax statements shall not include any suggestion that checks may be made payable to the name of the individual holding the office of treasurer nor any other individual. (3) When the total amount of tax or special assessments on personal property or on any lot, block or tract of real property payable by one person is fifty dollars or more, and if onehalf of such tax be paid on or before the thirtieth day of April, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date. (4) When the total amount of tax or special assessments on any lot, block or tract of real property or on any mobile home payable by one person is fifty dollars or more, and if one-half of such tax be paid after the thirtieth day of April but before the thirty-first day of October, together with the applicable interest and penalty on the full amount of tax payable for that year, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date. (5) Delinquent taxes under this section are subject to interest at the rate of twelve percent per annum computed on a monthly basis on the full year amount of tax unpaid from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the tax, regardless of when the taxes were first delinquent. In addition, delinquent taxes under this section are subject to penalties as follows: (a) A penalty of three percent of the full year amount of tax unpaid shall be assessed on the tax delinquent on June 1st of the year in which the tax is due. (b) An additional penalty of eight percent shall be assessed on the amount of tax delinquent on December 1st of the year in which the tax is due. (6) Subsection (5) of this section notwithstanding, no interest or penalties may be assessed during any period of armed conflict on delinquent taxes imposed on the personal residences owned by active duty military personnel who are participating as part of one of the branches of the military involved in the conflict and assigned to a duty station outside the territorial boundaries of the United States. (7) During a state of emergency declared under RCW 43.06.010(12), the county treasurer, on his or her own motion or at the request of any taxpayer affected by the emergency, may grant extensions of the due date of any taxes payable under this section as the treasurer deems proper. (8) For purposes of this chapter, "interest" means both interest and penalties. (9) All collections of interest on delinquent taxes shall be credited to the county current expense fund; but the cost of foreclosure and sale of real property, and the fees and costs of distraint and sale of personal property, for delinquent taxes, shall, when collected, be credited to the operation and main(2008 Ed.) Collection of Taxes tenance fund of the county treasurer prosecuting the foreclosure or distraint or sale; and shall be used by the county treasurer as a revolving fund to defray the cost of further foreclosure, distraint and sale for delinquent taxes without regard to budget limitations. [2008 c 181 § 510; 2007 c 105 § 2; 2005 c 502 § 7; 2004 c 161 § 6; 1996 c 153 § 1. Prior: 1991 c 245 § 16; 1991 c 52 § 1; 1988 c 222 § 30; 1987 c 211 § 1; 1984 c 131 § 1; 1981 c 322 § 2; 1974 ex.s. c 196 § 1; 1974 ex.s. c 116 § 1; 1971 ex.s. c 288 § 3; 1969 ex.s. c 216 § 3; 1961 c 15 § 84.56.020; prior: 1949 c 21 § 1; 1935 c 30 § 2; 1931 c 113 § 1; 1925 ex.s. c 130 § 83; Rem. Supp. 1949 § 11244; prior: 1917 c 141 § 1; 1899 c 141 § 6; 1897 c 71 § 68; 1895 c 176 § 14; 1893 c 124 § 69; 1890 p 561 § 84; Code 1881 § 2892. Formerly RCW 84.56.020 and 84.56.030.] Part headings not law—2008 c 181: See note following RCW 43.06.220. Application—2005 c 502 § 7: "Section 7 of this act applies to all taxes levied for collection in 2005 and thereafter." [2005 c 502 § 10.] Effective date—2005 c 502: See note following RCW 1.12.070. Effective date—2004 c 161: See note following RCW 28B.10.270. Applicability—1996 c 153: "This act is effective for taxes levied for collection in 1997 and thereafter." [1996 c 153 § 4.] Effective date—1988 c 222: See note following RCW 84.40.040. Effective date—1987 c 211: "This act shall take effect January 1, 1988." [1987 c 211 § 2.] Applicability—1984 c 131 § 1: "Section 1 of this act applies to taxes payable in 1985 and thereafter." [1984 c 131 § 12.] Severability—1974 ex.s. c 196: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 196 § 9.] Savings—Severability—1971 ex.s. c 288: See notes following RCW 84.40.030. Advance deposit of taxes on certain platted property: RCW 58.08.040. Payment of taxes upon loss of exempt status: RCW 84.40.380. 84.56.022 Tax statement to show voter-approved levies. Each tax statement shall show the amount of voterapproved: (1) Regular levies except those authorized in RCW 84.55.050; and (2) excess levies. Such amounts may be shown either as a dollar amount or as a percentage of the total amount of taxes. [1995 c 180 § 1; 1994 c 301 § 48.] 84.56.022 84.56.025 Waiver of interest and penalties—Circumstances—Provision of death certificate and affidavit for certain waivers. (1) The interest and penalties for delinquencies on property taxes shall be waived by the county treasurer if the notice for these taxes due, as provided in RCW 84.56.050, was not sent to a taxpayer due to error by the county. Where waiver of interest and penalties has occurred, the full amount of interest and penalties shall be reinstated if the taxpayer fails to pay the delinquent taxes within thirty days of receiving notice that the taxes are due. Each county treasurer shall, subject to guidelines prepared by the department of revenue, establish administrative procedures to determine if taxpayers are eligible for this waiver. (2) In addition to the waiver under subsection (1) of this section, the interest and penalties for delinquencies on property taxes shall be waived by the county treasurer under the following circumstances: 84.56.025 (2008 Ed.) 84.56.050 (a) The taxpayer fails to make one payment under RCW 84.56.020 by the due date on the taxpayer’s personal residence because of hardship caused by the death of the taxpayer’s spouse if the taxpayer notifies the county treasurer of the hardship within sixty days of the tax due date; or (b) The taxpayer fails to make one payment under RCW 84.56.020 by the due date on the taxpayer’s parent’s or stepparent’s personal residence because of hardship caused by the death of the taxpayer’s parent or stepparent if the taxpayer notifies the county treasurer of the hardship within sixty days of the tax due date. (3) Before allowing a hardship waiver under subsection (2) of this section, the county treasurer may require a copy of the death certificate along with an affidavit signed by the taxpayer. [2003 c 12 § 1; 1998 c 327 § 1; 1984 c 185 § 1.] 84.56.035 Special assessments, excise taxes, or rates and charges—Collection by county treasurer authorized. A local government authorized both to impose and to collect any special assessments, excise taxes, or rates or charges may contract with the county treasurer or treasurers within which the local government is located to collect the special assessments, excise taxes, rates, or charges. If such a contract is entered into, notice of the special assessments, excise taxes, or rates or charges due may be included on the notice of property taxes due, may be included on a separate notice that is mailed with the notice of property taxes due, or may be sent separately from the notice of property taxes due. County treasurers may impose an annual fee for collecting special assessments, excise taxes, or rates or charges not to exceed one percent of the dollar value of special assessments, excise taxes, or rates or charges collected. [1987 c 355 § 1.] 84.56.035 84.56.050 84.56.050 Treasurer’s duties on receiving rolls— Notice of taxes due. On receiving the tax rolls the treasurer shall post all real and personal property taxes from the rolls to the treasurer’s tax roll, and shall carry forward to the current tax rolls a memorandum of all delinquent taxes on each and every description of property, and enter the same on the property upon which the taxes are delinquent showing the amounts for each year. The treasurer shall notify each taxpayer in the county, at the expense of the county, of the amount of the real and personal property, and the current and delinquent amount of tax due on the same; and the treasurer shall have printed on the notice the name of each tax and the levy made on the same. The county treasurer shall be the sole collector of all delinquent taxes and all other taxes due and collectible on the tax rolls of the county: PROVIDED, That the term "taxpayer" as used in this section shall mean any person charged, or whose property is charged, with property tax; and the person to be notified is that person whose name appears on the tax roll herein mentioned: PROVIDED, FURTHER, That if no name so appears the person to be notified is that person shown by the treasurer’s tax rolls or duplicate tax receipts of any preceding year as the payer of the tax last paid on the property in question. [1991 c 245 § 17; 1963 c 94 § 1; 1961 c 15 § 84.56.050. Prior: 1941 c 32 § 1; 1939 c 206 § 41; 1937 c 121 § 2; 1925 ex.s. c 130 § 84; Rem. Supp. 1941 § 11245; prior: 1897 c 71 § 69; 1893 c 124 § 70; 1890 p 561 § 85; Code 1881 §§ 2894, 2895.] [Title 84 RCW—page 127] 84.56.060 Title 84 RCW: Property Taxes 84.56.060 Tax receipts—Current tax only may be paid. The county treasurer upon receiving any tax paid in cash, shall give to the person paying the same a receipt. The treasurer shall record the payment of all taxes in the treasurer’s records by parcel. The owner or owners of property against which there are delinquent taxes, shall have the right to pay the current tax without paying any delinquent taxes there may be against the property. [1991 c 245 § 18; 1971 ex.s. c 35 § 1; 1961 c 15 § 84.56.060. Prior: 1925 ex.s. c 130 § 85; RRS § 11246; prior: 1897 c 71 § 70; 1893 c 124 § 71; 1890 p 561 § 86; Code 1881 § 2899.] 84.56.060 84.56.070 Personal property—Distraint and sale, notice, property incapable of manual delivery, property about to be removed or disposed of. On the fifteenth day of February succeeding the levy of taxes, the county treasurer shall proceed to collect all personal property taxes. The treasurer shall give notice by mail to all persons charged with personal property taxes, and if such taxes are not paid before they become delinquent, the treasurer shall forthwith proceed to collect the same. In the event that he or she is unable to collect the same when due, the treasurer shall prepare papers in distraint, which shall contain a description of the personal property, the amount of taxes, the amount of the accrued interest at the rate provided by law from the date of delinquency, and the name of the owner or reputed owner. The treasurer shall without demand or notice distrain sufficient goods and chattels belonging to the person charged with such taxes to pay the same, with interest at the rate provided by law from the date of delinquency, together with all accruing costs, and shall proceed to advertise the same by posting written notices in three public places in the county in which such property has been distrained, one of which places shall be at the county court house, such notice to state the time when and place where such property will be sold. The county treasurer, or the treasurer’s deputy, shall tax the same fees for making the distraint and sale of goods and chattels for the payment of taxes as are allowed by law to sheriffs for making levy and sale of property on execution; traveling fees to be computed from the county seat of the county to the place of making distraint. If the taxes for which such property is distrained, and the interest and costs accruing thereon, are not paid before the date appointed for such sale, which shall be not less than ten days after the taking of such property, such treasurer or treasurer’s designee shall proceed to sell such property at public auction, or so much thereof as shall be sufficient to pay such taxes, with interest and costs, and if there be any excess of money arising from the sale of any personal property, the treasurer shall pay such excess less any cost of the auction to the owner of the property so sold or to his or her legal representative: PROVIDED, That whenever it shall become necessary to distrain any standing timber owned separately from the ownership of the land upon which the same may stand, or any fish trap, pound net, reef net, set net or drag seine fishing location, or any other personal property as the treasurer shall determine to be incapable or reasonably impracticable of manual delivery, it shall be deemed to have been distrained and taken into possession when the treasurer shall have, at least thirty days before the date fixed for the sale thereof, filed with the auditor of the county wherein such property is located a notice in writing reciting that the treasurer has dis84.56.070 [Title 84 RCW—page 128] trained such property, describing it, giving the name of the owner or reputed owner, the amount of the tax due, with interest, and the time and place of sale; a copy of the notice shall also be sent to the owner or reputed owner at his last known address, by registered letter at least thirty days prior to the date of sale: AND PROVIDED FURTHER, That if the county treasurer has reasonable grounds to believe that any personal property, including mobile homes, manufactured homes, or park model trailers, upon which taxes have been levied, but not paid, is about to be removed from the county where the same has been assessed, or is about to be destroyed, sold or disposed of, the county treasurer may demand such taxes, without the notice provided for in this section, and if necessary may forthwith distrain sufficient goods and chattels to pay the same. [2007 c 295 § 5; 1991 c 245 § 19; (1975-’76 2nd ex.s. c 10 § 2 expired December 31, 1976); 1961 c 15 § 84.56.070. Prior: 1949 c 21 § 2; 1935 c 30 § 4; 1933 c 33 § 1; 1925 ex.s. c 130 § 86; Rem. Supp. 1949 § 11247; prior: 1915 c 137 § 1; 1911 c 24 § 2; 1899 c 141 § 7; 1897 c 71 § 71; 1895 c 176 § 15; 1893 c 124 § 72; 1890 p 561 § 87; Code 1881 § 2903. Formerly RCW 84.56.070, 84.56.080, and 84.56.100.] Issuance of warrant: RCW 84.56.075. 84.56.075 Issuance of warrant by court for property subject to distraint. (1) When there is probable cause to believe that there is property within the county subject to distraint pursuant to RCW 84.56.070 or 84.56.090, any judge of the superior court or district court in the county in which such property is located may, upon the request of the county treasurer or their deputy, issue a warrant directed to the county treasurer or their deputy commanding the search for and seizure of the property described in the request for warrant at the place or places described in the request for warrant. (2) The procedure for the issuance and execution and return of the warrant authorized by this section and for return of any property seized shall be the criminal rules of the superior court and the district court. (3) Property seized under this section shall be disposed of as provided in RCW 84.56.070 or 84.56.090. (4) This section does not require the application for or issuance of any warrant not otherwise required by law. [2006 c 286 § 1.] 84.56.075 84.56.090 Distraint and sale of property about to be removed, dissipated, sold, or disposed of—Computation of taxes, entry on rolls, tax liens. Whenever in the judgment of the assessor or the county treasurer personal property is being removed or is about to be removed without the limits of the state, or is being dissipated or about to be dissipated, or is being or about to be sold, disposed of, or removed from the county so as to jeopardize collection of taxes, the treasurer shall immediately prepare papers in distraint, which shall contain a description of the personal property, including mobile homes, manufactured homes, or park model trailers, being or about to be removed, dissipated, sold, disposed of, or removed from the county so as to jeopardize collection of taxes, the amount of the tax, the amount of accrued interest at the rate provided by law from the date of delinquency, and the name of the owner or reputed owner, and he shall without 84.56.090 (2008 Ed.) Collection of Taxes demand or notice distrain sufficient goods and chattels belonging to the person charged with such taxes to pay the same with interest at the rate provided by law from the date of delinquency, together with all accruing costs, and shall advertise and sell said property as provided in RCW 84.56.070. If said personal property is being removed or is about to be removed from the limits of the state, is being dissipated or about to be dissipated, or is being or about to be sold, disposed of, or removed from the county so as to jeopardize collection of taxes, at any time subsequent to the first day of January in any year, and prior to the levy of taxes thereon, the taxes upon such property so distrained shall be computed upon the rate of levy for state, county and local purposes for the preceding year; and all taxes collected in advance of levy under this section and RCW 84.56.120, together with the name of the owner and a brief description of the property assessed shall be entered forthwith by the county treasurer upon the personal property tax rolls of such preceding year, and all collections thereon shall be considered and treated in all respects, and without recourse by either the owner or any taxing unit, as collections for such preceding year. Property on which taxes are thus collected shall thereupon become discharged from the lien of any taxes that may thereafter be levied in the year in which payment or collection is made. Whenever property has been removed from the county wherein it has been assessed, on which the taxes have not been paid, then the county treasurer, or his deputy, shall have the same power to distrain and sell said property for the satisfaction of said taxes as he would have if said property were situated in the county in which the property was taxed, and in addition thereto said treasurer, or his deputy, in the distraint and sale of property for the payment of taxes, shall have the same powers as are now by law given to the sheriff in making levy and sale of property on execution. [2007 c 295 § 6; 1985 c 83 § 1; 1961 c 15 § 84.56.090. Prior: 1949 c 21 § 3; 1939 c 206 § 43; 1937 c 20 § 1; 1925 ex.s. c 130 § 89; Rem. Supp. 1949 § 11250; prior: 1907 c 29 § 1. Formerly RCW 84.56.090, 84.56.110, 84.56.130, and 84.56.140.] Issuance of warrant: RCW 84.56.075. 84.56.120 84.56.120 Removal of property from county or state after assessment without paying tax. After personal property has been assessed, it shall be unlawful for any person to remove the personal property subject to tax liens created pursuant to RCW 84.60.010 and 84.60.020 from the county in which the property was assessed and from the state until taxes and interest are paid, or until notice has been given to the county treasurer describing the property to be removed and in case of public or private sales of personal property, a list of the property desired to be sold shall be sent to the treasurer, the tax will be computed upon the consolidated tax levy for the previous year. Any taxes owed shall become an automatic lien upon the proceeds of any auction and shall be remitted to the county treasurer before final distribution to any person, as defined in this section. If proceeds are distributed in violation of this section, the seller or agent of the seller shall assume all liability for taxes, interest, and penalties owed to the county treasurer. Any person violating the provisions of this section shall be guilty of a misdemeanor. (2008 Ed.) 84.56.210 For the purposes of this section, "person" includes a property owner, mortgagor, creditor, or agent. [2004 c 79 § 6; 2003 c 23 § 2; 1991 c 245 § 20; 1961 c 15 § 84.56.120. Prior: 1925 ex.s. c 130 § 88; RRS § 11249; prior: 1907 c 29 § 2.] 84.56.150 Removal of personalty—Certification of tax by treasurer. If any person, firm or corporation shall remove from one county to another in this state personal property which has been assessed in the former county for a tax which is unpaid at the time of such removal, the treasurer of the county from which the property is removed shall certify to the treasurer of the county to which the property has been removed a statement of the tax together with all delinquencies and penalties. [1961 c 15 § 84.56.150. Prior: 1925 ex.s. c 130 § 90; RRS § 11251; prior: 1899 c 32 § 1.] 84.56.150 84.56.160 Certification of statement of taxes and delinquency. The treasurer of any county of this state shall have the power to certify a statement of taxes and delinquencies of any person, firm, company or corporation, or of any tax on personal property together with all penalties and delinquencies, which statement shall be under seal and contain a transcript of the tax collection records and so much of the tax roll as shall affect the person, firm, company or corporation or personal property to the treasurer of any county of this state, wherein any such person, firm, company or corporation has any real or personal property. [1994 c 301 § 51; 1961 c 15 § 84.56.160. Prior: 1925 ex.s. c 130 § 91; RRS § 11252; prior: 1899 c 32 § 2.] 84.56.160 84.56.170 Collection of certified taxes—Remittance. The treasurer of any county of this state receiving the certified statement provided for in RCW 84.56.150 and 84.56.160, shall have the same power to collect the taxes, penalties and delinquencies so certified as the treasurer has to collect the personal taxes levied on personal property in his or her own county, and as soon as the said taxes are collected they shall be remitted, less the cost of collecting same, to the treasurer of the county to which said taxes belong, by the treasurer collecting them. [1994 c 301 § 52; 1961 c 15 § 84.56.170. Prior: 1925 ex.s. c 130 § 92; RRS § 11253; prior: 1899 c 32 § 3.] 84.56.170 84.56.200 Removal of timber or improvements on which tax is delinquent—Penalty. It shall be unlawful for any person, firm or corporation to remove any timber from timbered lands, no portion of which is occupied for farming purposes by the owner thereof, or to remove any building or improvements from lands, upon which taxes are delinquent until the taxes thereon have been paid. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. [1961 c 15 § 84.56.200. Prior: 1925 ex.s. c 130 § 11; RRS § 11115.] 84.56.200 84.56.210 Severance of standing timber assessed as realty—Timber tax may be collected as personalty tax. Whenever standing timber which has been assessed as real estate is severed from the land as part of which it was so assessed, it may be considered by the county assessor as personal property, and the county treasurer shall thereafter be 84.56.210 [Title 84 RCW—page 129] 84.56.220 Title 84 RCW: Property Taxes entitled to pursue all of the rights and remedies provided by law for the collection of personal property taxes in the collection of taxes levied against such timber: PROVIDED, That whenever the county assessor elects to treat severed timber as personalty under the provisions of this section, he shall immediately give notice by mail to the person or persons charged with the tax of the fact of his election, and the amount of tax standing against the timber. [1961 c 15 § 84.56.210. Prior: 1939 c 206 § 42; 1929 c 70 § 1; RRS § 11247-1.] refuses or neglects to collect any taxes assessed upon personal property, where the same is collectible, or to file the delinquent list and affidavit, as herein provided, the treasurer shall be held, in his or her next settlement with the county legislative authority, liable for the whole amount of such taxes uncollected, and the same shall be deducted from his or her salary and applied to the several funds for which they were levied. [2001 c 299 § 19; 1961 c 15 § 84.56.250. Prior: 1925 ex.s. c 130 § 95; RRS § 11256; prior: 1897 c 71 § 73; 1893 c 124 § 74; 1890 p 563 § 91.] 84.56.220 Lien of personalty tax follows insurance. In the event of the destruction of personal property, the lien of the personal property tax shall attach to and follow any insurance that may be upon the property and the insurer shall pay to the county treasurer from the insurance money all taxes, interest and costs that may be due. [1991 c 245 § 21; 1961 c 15 § 84.56.220. Prior: 1935 c 30 § 5; 1925 ex.s. c 130 § 87; RRS § 11248; prior: 1921 c 117 § 1; 1911 c 24 § 3.] 84.56.260 Continuing responsibility to collect taxes, special assessments, fees, rates, or other charges. The power and duty to levy on property and collect any tax due and unpaid shall be the responsibility of the county treasurer until the tax is paid; and the certification of the assessment roll shall continue in force and confer authority upon the treasurer to whom the same was issued to collect any tax due and uncollected thereon. This section shall apply to all assessment rolls, special assessments, fees, rates, or other charges for which the treasurer has the responsibility for collection. [1991 c 245 § 23; 1984 c 250 § 7; 1961 c 15 § 84.56.260. Prior: 1925 ex.s. c 130 § 96; RRS § 11257; prior: 1897 c 71 § 74; 1893 c 124 § 75.] 84.56.220 84.56.230 Monthly distribution of taxes collected. On the first day of each month the county treasurer shall distribute pro rata to those taxing districts for which the county treasurer also serves as the district treasurer, according to the rate of levy for each fund, the amount collected as consolidated tax during the preceding month: PROVIDED, HOWEVER, That the county treasurer, at his or her option, may distribute the total amount of such taxes collected according to the ratio that the levy of taxes made for each taxing district in the county bears to such total amount collected. On or before the tenth day of each month the county treasurer shall remit to the respective city treasurers and all other taxing districts for which the county treasurer does not serve as district treasurer, their pro rata share of all taxes collected for the previous month as provided for in RCW 36.29.110. [2002 c 81 § 1; 1991 c 245 § 22; 1973 1st ex.s. c 43 § 1; 1961 c 15 § 84.56.230. Prior: 1925 ex.s. c 130 § 93; RRS § 11254; prior: 1890 p 564 § 95.] 84.56.230 84.56.240 Cancellation of uncollectible personalty taxes. If the county treasurer is unable, for the want of goods or chattels whereupon to levy, to collect by distress or otherwise, the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation, or an executor or administrator, guardian, receiver, accounting officer, agent or factor, the treasurer shall file with the county legislative authority, on the first day of February following, a list of such taxes, with an affidavit of the treasurer or of the deputy treasurer entrusted with the collection of the taxes, stating that the treasurer had made diligent search and inquiry for goods and chattels wherewith to make such taxes, and was unable to make or collect the same. The county legislative authority shall cancel such taxes as the county legislative authority is satisfied cannot be collected. [1997 c 393 § 14; 1961 c 15 § 84.56.240. Prior: 1925 ex.s. c 130 § 94; RRS § 11255; prior: 1899 c 141 § 8; 1897 c 71 § 72; 1895 c 176 § 16; 1893 c 124 § 73; 1890 p 562 § 88.] 84.56.240 84.56.250 Penalty for willful noncollection or failure to file delinquent list. If any county treasurer willfully 84.56.250 [Title 84 RCW—page 130] 84.56.260 84.56.270 Court cancellation of personalty taxes more than four years delinquent. The county treasurer of any county of the state of Washington, after he has first received the approval of the board of county commissioners of such county, through a resolution duly adopted, is hereby empowered to petition the superior court in or for his county to finally cancel and completely extinguish the lien of any delinquent personal property tax which appears on the tax rolls of his county, which is more than four years delinquent, which he attests to be beyond hope of collection, and the cancellation of which will not impair the obligation of any bond issue nor be precluded by any other legal impediment that might invalidate such cancellation. The superior court shall have jurisdiction to hear any such petition and to enter such order as it shall deem proper in the premises. [1984 c 132 § 5; 1961 c 15 § 84.56.270. Prior: 1945 c 59 § 1; Rem. Supp. 1945 § 11265-1.] 84.56.270 84.56.280 Settlement with state for state taxes—Penalty. Immediately after the last day of each month, the county treasurer shall pay over to the state treasurer the amount collected by the county treasurer and credited to the various state funds, but every such payment shall be subject to correction for error discovered. If they are not paid to the state treasurer before the twentieth day of the month the state treasurer shall make a sight draft on the county treasurer for such amount. Should any county treasurer fail or refuse to honor the draft or make payment of the amount thereon, except for manifest error or other good and sufficient cause, the county treasurer shall be guilty of nonfeasance in office and upon conviction thereof shall be punished according to law. [1991 c 245 § 24; 1979 ex.s. c 86 § 7; 1961 c 15 § 84.56.280. Prior: 1955 c 113 § 2; prior: 1949 c 69 § 1, part; 1933 c 35 § 1, part; 1925 ex.s. c 130 § 97, part; Rem. Supp. 1949 § 11258, part; prior: 1899 c 141 § 9, part; 1897 c 71 § 84.56.280 (2008 Ed.) Collection of Taxes 76, part; 1895 c 176 § 17, part; 1893 c 124 § 77, part; 1890 p 565 § 96, part; Code 1881 § 2942, part.] 84.56.330 Severability—1979 ex.s. c 86: See note following RCW 13.24.040. 84.56.300 Annual report of collections to county auditor. On the first Monday of February of each year the county treasurer shall balance up the tax rolls as of December 31 of the prior year in the treasurer’s hands and with which the treasurer stands charged on the roll accounts of the county auditor. The treasurer shall then report to the county auditor in full the amount of taxes collected and specify the amount collected on each fund. The treasurer shall also report the amount of taxes that remain uncollected and delinquent upon the tax rolls, which, with collections and credits on account of errors and double assessments, should balance the tax rolls as the treasurer stands charged. The treasurer shall then report the amount of collections on account of interest since the taxes became delinquent, and as added to the original amounts when making such collections, and with which the treasurer is now to be charged by the auditor, such reports to be duly verified by affidavit. [1997 c 393 § 15; 1973 1st ex.s. c 45 § 1; 1961 c 15 § 84.56.300. Prior: 1925 ex.s. c 130 § 98; RRS § 11259; prior: 1899 c 141 § 10; 1897 c 71 § 77; 1895 c 176 § 18; 1893 c 124 § 78; 1890 p 565 § 99.] 84.56.300 Severability—1979 ex.s. c 86: See note following RCW 13.24.040. 84.56.290 84.56.290 Adjustment with state for reduced or canceled taxes and for taxes on assessments not on the certified assessment list. Whenever any tax shall have been heretofore, or shall be hereafter, canceled, reduced or modified in any final judicial, county board of equalization, state board of tax appeals, or administrative proceeding; or whenever any tax shall have been heretofore, or shall be hereafter canceled by sale of property to any irrigation district under foreclosure proceedings for delinquent irrigation district assessments; or whenever any contracts or leases on public lands shall have been heretofore, or shall be hereafter, canceled and the tax thereon remains unpaid for a period of two years, the director of revenue shall, upon receipt from the county treasurer of a certified copy of the final judgment, order, or decree canceling, reducing, or modifying taxes, or of a certificate from the county treasurer of the cancellation by sale to an irrigation district, or of a certificate from the commissioner of public lands and the county treasurer of the cancellation of public land contracts or leases and nonpayment of taxes thereon, as the case may be, make corresponding entries and corrections on the director’s records of the state’s portion of reduced or canceled tax. Upon canceling taxes deemed uncollectible, the county commissioners shall notify the county treasurer of such action, whereupon the county treasurer shall deduct on the treasurer’s records the amount of such uncollectible taxes due the various state funds and shall immediately notify the department of revenue of the treasurer’s action and of the reason therefor; which uncollectible tax shall not then nor thereafter be due or owing the various state funds and the necessary corrections shall be made by the county treasurer upon the quarterly settlement next following. When any assessment of property is made which does not appear on the assessment list certified by the county board of equalization to the department of revenue the county assessor shall indicate to the county treasurer the assessments and the taxes due therefrom when the list is delivered to the county treasurer on December 15th. The county treasurer shall then notify the department of revenue of the taxes due the state from the assessments which did not appear on the assessment list certified by the county board of equalization to the department of revenue. The county treasurer shall make proper accounting of all sums collected as either advance tax, compensating or additional tax, or supplemental or omitted tax and shall notify the department of revenue of the amounts due the various state funds according to the levy used in extending such tax, and those amounts shall immediately become due and owing to the various state funds, to be paid to the state treasurer in the same manner as taxes extended on the regular tax roll. [1991 c 245 § 37; 1987 c 168 § 3; 1979 ex.s. c 86 § 8; 1961 c 15 § 84.56.290. Prior: 1955 c 113 § 3; prior: 1949 c 69 § 1, part; 1933 c 35 § 1, part; 1925 ex.s. c 130 § 97, part; Rem. Supp. 1949 § 11258, part; prior: 1899 c 141 § 9, part; 1897 c 71 § 76, part; 1895 c 176 § 17, part; 1893 c 124 § 77, part; 1890 p 565 § 96, part; Code 1881 § 2942, part.] (2008 Ed.) 84.56.310 Interested person may pay real property taxes—Limitation. Any person being the owner or having an interest in an estate or claim to real property against which taxes have not been paid may pay the same and satisfy the lien at any time before the filing of a certificate of delinquency against the real property. The person or authority who shall collect or receive the same shall give a certificate that such taxes have been so paid to the person or persons entitled to demand such certificate. After the filing of a certificate of delinquency, the redemption rights shall be controlled by RCW 84.64.060. [2005 c 502 § 8; 1961 c 15 § 84.56.310. Prior: 1925 ex.s. c 130 § 100; RRS § 11261; prior: 1897 c 71 § 79; 1893 c 124 § 84.] 84.56.310 Effective date—2005 c 502: See note following RCW 1.12.070. 84.56.320 Recovery by occupant or tenant paying realty taxes. When any tax on real property is paid by or collected of any occupant or tenant, or any other person, which, by agreement or otherwise, ought to have been paid by the owner, lessor or other party in interest, such occupant, tenant or other person may recover by action the amount which such owner, lessor or party in interest ought to have paid, with interest thereon at the rate of ten percent per annum, or he may retain the same from any rent due or accruing from him to such owner or lessor for real property on which such tax is so paid; and the same shall, until paid, constitute a lien upon such real property. [1961 c 15 § 84.56.320. Prior: 1925 ex.s. c 130 § 102; RRS § 11263; prior: 1897 c 71 § 81; 1893 c 124 § 86; 1890 p 583 § 133.] 84.56.320 84.56.330 Payment by mortgagee or other lien holder. Any person who has a lien by mortgage or otherwise, upon any real property upon which any taxes have not been paid, may pay such taxes, and the interest, penalty and costs thereon; and the receipt of the county treasurer or other collecting official shall constitute an additional lien upon such land, to the amount therein stated, and the amount so 84.56.330 [Title 84 RCW—page 131] 84.56.340 Title 84 RCW: Property Taxes paid and the interest thereon at the rate specified in the mortgage or other instrument shall be collectible with, or as a part of, and in the same manner as the amount secured by the original lien: PROVIDED, That the person paying such taxes shall pay the same as mortgagee or other lien holder and shall procure the receipt of the county treasurer therefor, showing the mortgage or other lien relationship of the person paying such taxes, and the same shall have been recorded with the county auditor of the county wherein the said real estate is situated, within ten days after the payment of such taxes and the issuance of such receipt. It shall be the duty of any treasurer issuing such receipt to make notation thereon of the lien relationship claim of the person paying such taxes. It shall be the duty of the county auditor in such cases to index and record such receipts in the same manner as provided for the recording of liens on real estate, upon the payment to the county auditor of the appropriate recording fees by the person presenting the same for recording: AND PROVIDED FURTHER, That in the event the above provision be not complied with, the lien created by any such payment shall be subordinate to the liens of all mortgages or encumbrances upon such real property, which are senior to the mortgage or other lien of the person so making such payment. [1999 c 233 § 23; 1961 c 15 § 84.56.330. Prior: 1933 c 171 § 1; RRS § 112631.] Effective date—1999 c 233: See note following RCW 4.28.320. 84.56.340 84.56.340 Payment on part of parcel or tract or on undivided interest or fractional interest—Division—Certification—Appeal. Any person desiring to pay taxes upon any part or parts of real property heretofore or hereafter assessed as one parcel, or tract, or upon such person’s undivided fractional interest in such a property, may do so by applying to the county assessor, who must carefully investigate and ascertain the relative or proportionate value said part or part interest bears to the whole tract assessed, on which basis the assessment must be divided, and the assessor shall forthwith certify such proportionate value to the county treasurer: PROVIDED, That excepting when property is being acquired for public use, or where a person or financial institution desires to pay the taxes and any penalties and interest on a mobile home upon which they have a lien by mortgage or otherwise, no segregation of property for tax purposes shall be made under this section unless all current year and delinquent taxes and assessments on the entire tract have been paid in full. The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the apportionment certified by the county assessor. In cases where protest is filed to said division appeal shall be made to the county legislative authority at its next regular session for final division, and the county treasurer shall accept and receipt for said taxes as determined and ordered by the county legislative authority. Any person desiring to pay on an undivided interest in any real property may do so by paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest paid on bears to the whole. [2003 c 23 § 3; 1997 c 393 § 16; 1996 c 153 § 2; 1994 c 301 § 53; 1985 c 395 § 4; 1971 ex.s. c 48 § 1; 1961 c 15 § 84.56.340. Prior: 1939 c 206 § 44; 1933 c 171 § 2; 1925 ex.s. c 130 § 103; RRS § 11264; prior: 1899 c 141 § 11; 1897 [Title 84 RCW—page 132] c 71 § 82; 1893 c 124 § 87; 1890 p 583 § 134. Formerly RCW 84.56.340 and 84.56.350.] Applicability—1996 c 153: See note following RCW 84.56.020. 84.56.345 Alteration of property lines—Payment of taxes and assessments. Every person who offers a document to the auditor of the proper county for recording that results in any division, alteration, or adjustment of real property boundary lines, except as provided for in RCW 58.04.007(1) and 84.40.042(1)(c), shall present a certificate of payment from the proper officer who is in charge of the collection of taxes and assessments for the affected property or properties. All taxes and assessments, both current and delinquent must be paid. For purposes of chapter 502, Laws of 2005, liability shall begin on January 1st. Taxes not yet levied and certified shall be collected as an advance tax under RCW 58.08.040. [2005 c 502 § 6.] 84.56.345 Effective date—2005 c 502: See note following RCW 1.12.070. 84.56.360 Separate ownership of improvements— Separate payment authorized. In any case where buildings, structures or improvements are held in separate ownership from the fee as a part of which they have been assessed for the purpose of taxation, any person desiring to pay separately the tax upon the buildings, structures or improvements may do so under the provisions of this section, RCW 84.56.370 and 84.56.380. [1961 c 15 § 84.56.360. Prior: 1939 c 155 § 1; RRS § 11264-1.] 84.56.360 84.56.370 Separate ownership of improvements— Procedure for segregation of improvement tax. Such person may apply to the county assessor for a certificate showing the total assessed value of the land together with all buildings, structures or improvements located thereon and the assessed value of the building, structure or improvement the tax upon which the applicant desires to pay. It shall be the duty of the county assessor to issue such certificate of segregation upon written application accompanied by an affidavit attesting to the fact of separate ownership of land and improvements. Upon presentation of such certificate of segregation to the county treasurer, that officer shall segregate the total tax in accordance therewith and accept and receipt for the payment of that proportion of total tax which is shown to be due against any building, structure or improvement upon which the applicant desires to pay. [1961 c 15 § 84.56.370. Prior: 1939 c 155 § 2; RRS § 11264-2.] 84.56.370 84.56.380 Separate ownership of improvements— Segregation or payment not to release lien. A segregation or payment under RCW 84.56.360 and 84.56.370 shall not release the land or the building, structure or improvement paid on from any tax lien to which it would otherwise be subject. [1961 c 15 § 84.56.380. Prior: 1939 c 155 § 3; RRS § 11264-3.] 84.56.380 84.56.430 Relisting and relevy of tax adjudged void. If any tax or portion of any tax heretofore or hereafter levied on any property liable to taxation is prevented from being collected for any year or years, by reason of any erroneous proceeding connected with either the assessment, listing, 84.56.430 (2008 Ed.) Lien of Taxes equalization, levying or collection thereof, or failure of any taxing, assessing or equalizing officer or board to give notice of any hearing or proceeding connected therewith, or, if any such tax or any portion of any such tax heretofore or hereafter levied has heretofore or is hereafter recovered back after payment by reason of any such erroneous proceedings, the amount of such tax or portion of such tax which should have been paid upon such property except for such erroneous proceeding, shall be added to the tax levied on such property for the year next succeeding the entry of final judgment adjudging such tax or portion of tax to have been void. If any tax or portion of a tax levied against any property for any year has been, or is hereafter adjudged void because of any such erroneous proceeding as hereinbefore set forth, the county and state officers authorized to levy and assess taxes on said property shall proceed, in the year next succeeding, to relist and reassess said property and to reequalize such assessment, and to relevy and collect the taxes thereon as of the year that said void tax or portion of tax was levied, in the same manner, and with the same effect as though no part of said void tax had ever been levied or assessed upon said property: PROVIDED, That such tax as reassessed and relevied shall be figured and determined at the same tax-rate as such erroneous tax was or should have been figured and determined, and in paying the tax so reassessed and relevied the taxpayer shall be credited with the amount of any taxes paid upon property retaxed for the year or years for which the reassessment is made. [1961 c 15 § 84.56.430. Prior: 1927 c 290 § 1; 1925 ex.s. c 130 § 108; RRS § 11269; prior: 1897 c 71 § 87; 1893 c 124 § 90. Formerly RCW 84.24.080.] 84.56.440 Ships and vessels—Collection of taxes— Delinquent taxes—Valuation and assessment of unlisted ships or vessels—Extensions during state of emergency. (1) The department of revenue shall collect all ad valorem taxes upon ships and vessels listed with the department in accordance with RCW 84.40.065 and all applicable interest and penalties. The taxes shall be due and payable to the department on or before the thirtieth day of April and shall be delinquent after that date. (2) If payment of the tax is not received by the department by the due date, there shall be imposed a penalty of five percent of the amount of the tax; and if the tax is not received within thirty days after the due date, there shall be imposed a total penalty of ten percent of the amount of the tax; and if the tax is not received within sixty days after the due date, there shall be imposed a total penalty of twenty percent of the amount of the tax. No penalty so added shall be less than five dollars. (3) Delinquent taxes under this section are subject to interest at the rate set forth in RCW 82.32.050 from the date of delinquency until paid. Interest or penalties collected on delinquent taxes under this section shall be paid by the department into the general fund of the state treasury. (4) If upon information obtained by the department it appears that any ship or vessel required to be listed according to the provisions of RCW 84.40.065 is not so listed, the department shall value the ship or vessel and assess against the owner of the vessel the taxes found to be due and shall add thereto interest at the rate set forth in RCW 82.32.050 84.56.440 (2008 Ed.) 84.60.010 from the original due date of the tax until the date of payment. The department shall notify the vessel owner by mail of the amount and the same shall become due and shall be paid by the vessel owner within thirty days of the date of the notice. If payment is not received by the department by the due date specified in the notice, the department shall add a penalty of ten percent of the tax found due. A person who willfully gives a false listing or willfully fails to list a ship or vessel as required by RCW 84.40.065 shall be subject to the penalty imposed by RCW 84.40.130(2), which shall be assessed and collected by the department. (5) Delinquent taxes under this section, along with all penalties and interest thereon, shall be collected by the department according to the procedures set forth in chapter 82.32 RCW for the filing and execution of tax warrants, including the imposition of warrant interest. In the event a warrant is issued by the department for the collection of taxes under this section, the department shall add a penalty of five percent of the amount of the delinquent tax, but not less than ten dollars. (6) The department shall also collect all delinquent taxes pertaining to ships and vessels appearing on the records of the county treasurers for each of the counties of this state as of December 31, 1993, including any applicable interest or penalties. The provisions of subsection (5) of this section shall apply to the collection of such delinquent taxes. (7) During a state of emergency declared under RCW 43.06.010(12), the department, on its own motion or at the request of any taxpayer affected by the emergency, may grant extensions of the due date of any taxes payable under this section as the department deems proper. [2008 c 181 § 511; 1993 c 33 § 6.] Part headings not law—2008 c 181: See note following RCW 43.06.220. Effective date—1993 c 33: See note following RCW 82.49.060. Chapter 84.60 Chapter 84.60 RCW LIEN OF TAXES Sections 84.60.010 84.60.020 84.60.040 84.60.050 84.60.070 Priority of tax lien. Attachment of tax liens. Charging personalty tax against realty. Acquisition by governmental unit of property subject to tax lien or placement under agreement or order of immediate possession or use—Effect. Acquisition by governmental unit of property subject to tax lien or placement under agreement or order of immediate possession or use—Segregation of taxes if only part of parcel required. 84.60.010 Priority of tax lien. All taxes and levies which may hereafter be lawfully imposed or assessed shall be and they are hereby declared to be a lien respectively upon the real and personal property upon which they may hereafter be imposed or assessed, which liens shall include all charges and expenses of and concerning the said taxes which, by the provisions of this title, are directed to be made. The said lien shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which said real and personal property may become charged or liable. [1969 ex.s. c 251 § 1; 1961 c 15 § 84.60.010. Prior: 1925 ex.s. c 130 § 99; RRS 84.60.010 [Title 84 RCW—page 133] 84.60.020 Title 84 RCW: Property Taxes § 11260; prior: 1897 c 71 § 78; 1895 c 176 § 19; 1893 c 124 § 79; 1890 p 584 § 135.] 84.60.020 84.60.020 Attachment of tax liens. The taxes assessed upon real property, including mobile homes assessed thereon, and other mobile homes as defined in RCW 82.50.010 shall be a lien thereon from and including the first day of January in the year in which they are levied until the same are paid, but as between the grantor or vendor and the grantee or purchaser of any real property or any such mobile home, when there is no express agreement as to payment of the taxes thereon due and payable in the calendar year of the sale or the contract to sell, the grantor or vendor shall be liable for the same proportion of such taxes as the part of the calendar year prior to the day of the sale or the contract to sell bears to the whole of such calendar year, and the grantee or purchaser shall be liable for the remainder of such taxes and subsequent taxes. The lien for the property taxes assessed on a mobile home shall be terminated and absolved for the year subsequent to the year of its removal from the state, when notice is given to the county treasurer describing the mobile home, if all property taxes due at the time of removal are satisfied. The taxes assessed upon each item of personal property assessed shall be a lien upon such personal property except mobile homes as above provided from and after the date upon which the same is listed with and valued by the county assessor, and no sale or transfer of such personal property shall in any way affect the lien for such taxes upon such property. The taxes assessed upon personal property shall be a lien upon each item of personal property of the person assessed, distrained by the treasurer as provided in RCW 84.56.070, from and after the date of the distraint and no sale or transfer of such personal property so distrained shall in any way affect the lien for such taxes upon such property. The taxes assessed upon personal property shall be a lien upon the real property of the person assessed, selected by the county treasurer and designated and charged upon the tax rolls as provided in RCW 84.60.040, from and after the date of such selection and charge and no sale or transfer of such real property so selected and charged shall in any way affect the lien for such personal property taxes upon such property. [1985 c 395 § 5; 1977 ex.s. c 22 § 8; 1961 c 15 § 84.60.020. Prior: 1943 c 34 § 1; 1939 c 206 § 45; 1935 c 30 § 7; 1925 ex.s. c 130 § 104; Rem. Supp. 1943 § 11265; prior: 1903 c 59 § 3; 1897 c 71 § 83; 1895 c 176 § 21; 1893 c 124 § 88. Formerly RCW 84.60.020 and 84.60.030.] Severability—1977 ex.s. c 22: See note following RCW 46.04.302. 84.60.040 84.60.040 Charging personalty tax against realty. When it becomes necessary, in the opinion of the county treasurer, to charge the tax on personal property against real property, in order that such personal property tax may be collected, such county treasurer shall select for that purpose some particular tract or lots of real property owned by the person owing such personal property tax, and in his tax roll and certificate of delinquency shall designate the particular tract or lots of real property against which such personal property tax is charged, and such real property shall be chargeable therewith. [1961 c 15 § 84.60.040. Prior: 1925 [Title 84 RCW—page 134] ex.s. c 130 § 112, part; RRS § 11273, part; prior: 1897 c 71 § 93, part; 1893 c 124 § 97, part.] 84.60.050 84.60.050 Acquisition by governmental unit of property subject to tax lien or placement under agreement or order of immediate possession or use—Effect. (1) When real property is acquired by purchase or condemnation by the state of Washington, any county or municipal corporation or is placed under a recorded agreement for immediate possession and use or an order of immediate possession and use pursuant to RCW 8.04.090, such property shall continue to be subject to the tax lien for the years prior to the year in which the property is so acquired or placed under such agreement or order, of any tax levied by the state, county, municipal corporation or other tax levying public body, except as is otherwise provided in RCW 84.60.070. (2) The lien for taxes applicable to the real property being acquired or placed under immediate possession and use for the year in which such real property is so acquired or placed under immediate possession and use shall be for only the pro rata portion of taxes allocable to that portion of the year prior to the date of execution of the instrument vesting title, date of recording such agreement of immediate possession and use, date of such order of immediate possession and use, or date of judgment. No taxes levied or tax lien on such property allocable to a period subsequent to the dates identified in this subsection shall be valid and any such taxes levied shall be canceled as provided in RCW 84.48.065. In the event the owner has paid taxes allocable to that portion of the year subsequent to the dates identified in this subsection he or she shall be entitled to a pro rata refund of the amount paid on the property so acquired or placed under a recorded agreement or an order of immediate possession and use. If the dates identified in this subsection precede February 15th of the year in which such taxes become payable, no lien for such taxes shall be valid and any such taxes levied but not payable shall be canceled as provided in RCW 84.48.065. [1994 c 301 § 54; 1994 c 124 § 39; 1971 ex.s. c 260 § 2; 1967 ex.s. c 145 § 36; 1961 c 15 § 84.60.050. Prior: 1957 c 277 § 1.] Severability—1967 ex.s. c 145: See RCW 47.98.043. Exemption of property under order of immediate possession and use: RCW 84.36.010. 84.60.070 84.60.070 Acquisition by governmental unit of property subject to tax lien or placement under agreement or order of immediate possession or use—Segregation of taxes if only part of parcel required. When only part of a parcel of real property is required by a public body either of the parties may require the assessor to segregate the taxes and the assessed valuation as between the portion of property so required and the remainder thereof. If the assessed valuation of the portion of the property not required exceeds the amount of all delinquent taxes and taxes payable on the entire parcel, and if the owner so elects the lien for the taxes owing and payable on all the property shall be set over to the property retained by the owner. All county assessors are hereby authorized and required to segregate taxes as provided above. [1971 ex.s. c 260 § 3; 1961 c 15 § 84.60.070. Prior: 1957 c 277 § 3.] (2008 Ed.) Lien Foreclosure Chapter 84.64 Chapter 84.64 RCW LIEN FORECLOSURE (Formerly: Certificates of delinquency) Sections 84.64.040 84.64.050 84.64.060 84.64.070 84.64.080 84.64.120 84.64.130 84.64.180 84.64.190 84.64.200 84.64.215 Prosecuting attorney to foreclose on request. Certificate to county—Foreclosure—Notice—Sale of certain residential property eligible for deferral prohibited. Payment by interested person before day of sale. Redemption before day of sale—Redemption of property of minors and legally incompetent persons. Foreclosure proceedings—Judgment—Sale—Notice—Form of deed—Recording. Appellate review—Deposit. Certified copies of records as evidence. Deeds as evidence—Estoppel by judgment. Certified copy of deed as evidence. Prior taxes deemed delinquent—County as bidder at sale— Purchaser to pay all delinquent taxes, interest, or costs. Deed recording fee—Transmittal to county auditor and purchaser. 84.64.040 Prosecuting attorney to foreclose on request. The county prosecuting attorney shall furnish to holders of certificates of delinquency, at the expense of the county, forms of applications for judgment and forms of notice and summons when the same are required, and shall prosecute to final judgment all actions brought by holders of certificates under the provisions of this chapter for the foreclosure of tax liens, when requested so to do by the holder of any certificate of delinquency: PROVIDED, Said holder has duly paid to the clerk of the court the sum of two dollars for each action brought as per RCW 84.64.120: PROVIDED, FURTHER, That nothing herein shall be construed to prevent said holder from employing other and additional counsel, or prosecuting said action independent of and without assistance from the prosecuting attorney, if he so desires, but in such cases, no other and further costs or charge whatever shall be allowed than the costs provided in this section and RCW 84.64.120: AND PROVIDED, ALSO, That in no event shall the county prosecuting attorney collect any fee for the services herein enumerated. [1961 c 15 § 84.64.040. Prior: 1925 ex.s. c 130 § 116; RRS § 11277; prior: 1903 c 165 § 1; 1899 c 141 § 14.] 84.64.040 84.64.050 Certificate to county—Foreclosure— Notice—Sale of certain residential property eligible for deferral prohibited. After the expiration of three years from the date of delinquency, when any property remains on the tax rolls for which no certificate of delinquency has been issued, the county treasurer shall proceed to issue certificates of delinquency on the property to the county for all years’ taxes, interest, and costs: PROVIDED, That the county treasurer, with the consent of the county legislative authority, may elect to issue a certificate for fewer than all years’ taxes, interest, and costs to a minimum of the taxes, interest, and costs for the earliest year. Certificates of delinquency shall be prima facie evidence that: (1) The property described was subject to taxation at the time the same was assessed; (2) The property was assessed as required by law; (3) The taxes or assessments were not paid at any time before the issuance of the certificate; 84.64.050 (2008 Ed.) 84.64.050 (4) Such certificate shall have the same force and effect as a lis pendens required under chapter 4.28 RCW. The county treasurer may include in the certificate of delinquency any assessments which are due on the property and are the responsibility of the county treasurer to collect. For purposes of this chapter, "taxes, interest, and costs" include any assessments which are so included by the county treasurer, and "interest" means interest and penalties unless the context requires otherwise. The treasurer shall file the certificates when completed with the clerk of the court at no cost to the treasurer, and the treasurer shall thereupon, with legal assistance from the county prosecuting attorney, proceed to foreclose in the name of the county, the tax liens embraced in such certificates. Notice and summons must be served or notice given in a manner reasonably calculated to inform the owner or owners, and any person having a recorded interest in or lien of record upon the property, of the foreclosure action to appear within thirty days after service of such notice and defend such action or pay the amount due. Either (a) personal service upon the owner or owners and any person having a recorded interest in or lien of record upon the property, or (b) publication once in a newspaper of general circulation, which is circulated in the area of the property and mailing of notice by certified mail to the owner or owners and any person having a recorded interest in or lien of record upon the property, or, if a mailing address is unavailable, personal service upon the occupant of the property, if any, is sufficient. If such notice is returned as unclaimed, the treasurer shall send notice by regular firstclass mail. The notice shall include the legal description on the tax rolls, the year or years for which assessed, the amount of tax and interest due, and the name of owner, or reputed owner, if known, and the notice must include the local street address, if any, for informational purposes only. The certificates of delinquency issued to the county may be issued in one general certificate in book form including all property, and the proceedings to foreclose the liens against the property may be brought in one action and all persons interested in any of the property involved in the proceedings may be made codefendants in the action, and if unknown may be therein named as unknown owners, and the publication of such notice shall be sufficient service thereof on all persons interested in the property described therein, except as provided above. The person or persons whose name or names appear on the treasurer’s rolls as the owner or owners of the property shall be considered and treated as the owner or owners of the property for the purpose of this section, and if upon the treasurer’s rolls it appears that the owner or owners of the property are unknown, then the property shall be proceeded against, as belonging to an unknown owner or owners, as the case may be, and all persons owning or claiming to own, or having or claiming to have an interest therein, are hereby required to take notice of the proceedings and of any and all steps thereunder: PROVIDED, That prior to the sale of the property, the treasurer shall order or conduct a title search of the property to be sold to determine the legal description of the property to be sold and the record title holder, and if the record title holder or holders differ from the person or persons whose name or names appear on the treasurer’s rolls as the owner or owners, the record title holder or holders shall be considered and treated as the owner or owners of the prop[Title 84 RCW—page 135] 84.64.060 Title 84 RCW: Property Taxes erty for the purpose of this section, and shall be entitled to the notice provided for in this section. Such title search shall be included in the costs of foreclosure. The county treasurer shall not sell property which is eligible for deferral of taxes under chapter 84.38 RCW but shall require the owner of the property to file a declaration to defer taxes under chapter 84.38 RCW. [1999 c 18 § 7; 1991 c 245 § 25; 1989 c 378 § 37; 1986 c 278 § 64. Prior: 1984 c 220 § 19; 1984 c 179 § 2; 1981 c 322 § 4; 1972 ex.s. c 84 § 2; 1961 c 15 § 84.64.050; prior: 1937 c 17 § 1; 1925 ex.s. c 130 § 117; RRS § 11278; prior: 1917 c 113 § 1; 1901 c 178 § 3; 1899 c 141 § 15; 1897 c 71 § 98.] Severability—1986 c 278: See note following RCW 36.01.010. 84.64.060 Payment by interested person before day of sale. Any person owning a recorded interest in lands or lots upon which judgment is prayed, as provided in this chapter, may in person or by agent pay the taxes, interest and costs due thereon to the county treasurer of the county in which the same are situated, at any time before the day of the sale; and for the amount so paid he or she shall have a lien on the property liable for taxes, interest and costs for which judgment is prayed; and the person or authority who shall collect or receive the same shall give a receipt for such payment, or issue to such person a certificate showing such payment. If paying by agent, the agent shall provide notarized documentation of the agency relationship. [2003 c 23 § 4; 2002 c 168 § 9; 1963 c 88 § 1; 1961 c 15 § 84.64.060. Prior: 1925 ex.s. c 130 § 118; RRS § 11279; prior: 1897 c 71 § 99.] 84.64.060 84.64.070 Redemption before day of sale—Redemption of property of minors and legally incompetent persons. Real property upon which certificates of delinquency have been issued under the provisions of this chapter, may be redeemed at any time before the close of business the day before the day of the sale, by payment, as prescribed by the county treasurer, to the county treasurer of the proper county, of the amount for which the certificate of delinquency was issued, together with interest at the statutory rate per annum charged on delinquent general real and personal property taxes from date of issuance of the certificate of delinquency until paid. The person redeeming such property shall also pay the amount of all taxes, interest and costs accruing after the issuance of such certificate of delinquency, together with interest at the statutory rate per annum charged on delinquent general real and personal property taxes on such payment from the day the same was made. No fee shall be charged for any redemption. Tenants in common or joint tenants shall be allowed to redeem their individual interest in real property for which certificates of delinquency have been issued under the provisions of this chapter, in the manner and under the terms specified in RCW 84.64.060 for the redemption of real property other than that of persons adjudicated to be legally incompetent or minors for purposes of this section. If the real property of any minor, or any person adjudicated to be legally incompetent, be sold for nonpayment of taxes, the same may be redeemed at any time within three years after the date of sale upon the terms specified in this section, on the payment of interest at the statutory rate per annum charged on delinquent general real and personal property taxes on the amount 84.64.070 [Title 84 RCW—page 136] for which the same was sold, from and after the date of sale, and in addition the redemptioner shall pay the reasonable value of all improvements made in good faith on the property, less the value of the use thereof, which redemption may be made by themselves or by any person in their behalf. [2002 c 168 § 10; 1991 c 245 § 26; 1963 c 88 § 2; 1961 c 15 § 84.64.070. Prior: 1925 ex.s. c 130 § 119; RRS § 11280; prior: 1917 c 142 § 4; 1899 c 141 § 17; 1897 c 71 § 102; 1895 c 176 § 25; 1893 c 124 § 121.] 84.64.080 Foreclosure proceedings—Judgment— Sale—Notice—Form of deed—Recording. The court shall examine each application for judgment foreclosing tax lien, and if defense (specifying in writing the particular cause of objection) be offered by any person interested in any of the lands or lots to the entry of judgment against the same, the court shall hear and determine the matter in a summary manner, without other pleadings, and shall pronounce judgment as the right of the case may be; or the court may, in its discretion, continue such individual cases, wherein defense is offered, to such time as may be necessary, in order to secure substantial justice to the contestants therein; but in all other cases the court shall proceed to determine the matter in a summary manner as above specified. In all judicial proceedings of any kind for the collection of taxes, and interest and costs thereon, all amendments which by law can be made in any personal action pending in such court shall be allowed, and no assessments of property or charge for any of the taxes shall be considered illegal on account of any irregularity in the tax list or assessment rolls or on account of the assessment rolls or tax list not having been made, completed or returned within the time required by law, or on account of the property having been charged or listed in the assessment or tax lists without name, or in any other name than that of the owner, and no error or informality in the proceedings of any of the officers connected with the assessment, levying or collection of the taxes, shall vitiate or in any manner affect the tax or the assessment thereof, and any irregularities or informality in the assessment rolls or tax lists or in any of the proceedings connected with the assessment or levy of such taxes or any omission or defective act of any officer or officers connected with the assessment or levying of such taxes, may be, in the discretion of the court, corrected, supplied and made to conform to the law by the court. The court shall give judgment for such taxes, interest and costs as shall appear to be due upon the several lots or tracts described in the notice of application for judgment or complaint, and such judgment shall be a several judgment against each tract or lot or part of a tract or lot for each kind of tax included therein, including all interest and costs, and the court shall order and direct the clerk to make and enter an order for the sale of such real property against which judgment is made, or vacate and set aside the certificate of delinquency or make such other order or judgment as in the law or equity may be just. The order shall be signed by the judge of the superior court, shall be delivered to the county treasurer, and shall be full and sufficient authority for him or her to proceed to sell the property for the sum as set forth in the order and to take such further steps in the matter as are provided by law. The county treasurer shall immediately after receiving the order and judgment of the court proceed to sell the property as provided in this chapter 84.64.080 (2008 Ed.) Lien Foreclosure to the highest and best bidder for cash. The acceptable minimum bid shall be the total amount of taxes, interest, and costs. All sales shall be made at a location in the county on a date and time (except Saturdays, Sundays, or legal holidays) as the county treasurer may direct, and shall continue from day to day (Saturdays, Sundays, and legal holidays excepted) during the same hours until all lots or tracts are sold, after first giving notice of the time, and place where such sale is to take place for ten days successively by posting notice thereof in three public places in the county, one of which shall be in the office of the treasurer. The notice shall be substantially in the following form: TAX JUDGMENT SALE Public notice is hereby given that pursuant to real property tax judgment of the superior court of the county of . . . . . . in the state of Washington, and an order of sale duly issued by the court, entered the . . . . day of . . . . . ., . . . ., in proceedings for foreclosure of tax liens upon real property, as per provisions of law, I shall on the . . . . day of . . . . . ., . . . ., at . . . . o’clock a.m., at . . . . . . in the city of . . . . . ., and county of . . . . . ., state of Washington, sell the real property to the highest and best bidder for cash, to satisfy the full amount of taxes, interest and costs adjudged to be due. In witness whereof, I have hereunto affixed my hand and seal this . . . . day of . . . . . ., . . . . . ............................ Treasurer of. . . . . . . . . . . . . . . . . . . county. No county officer or employee shall directly or indirectly be a purchaser of such property at such sale. If any buildings or improvements are upon an area encompassing more than one tract or lot, the same must be advertised and sold as a single unit. If the highest amount bid for any such separate unit tract or lot is in excess of the minimum bid due upon the whole property included in the certificate of delinquency, the excess shall be refunded following payment of all recorded watersewer district liens, on application therefor, to the record owner of the property. The record owner of the property is the person who held title on the date of issuance of the certificate of delinquency. Assignments of interests, deeds, or other documents executed or recorded after filing the certificate of delinquency shall not affect the payment of excess funds to the record owner. In the event no claim for the excess is received by the county treasurer within three years after the date of the sale he or she shall at expiration of the three year period deposit such excess in the current expense fund of the county which shall extinguish all claims by any owner to the excess funds. The county treasurer shall execute to the purchaser of any piece or parcel of land a tax deed. The deed so made by the county treasurer, under the official seal of his or her office, shall be recorded in the same manner as other conveyances of real property, and shall vest in the grantee, his or her heirs and assigns the title to the property therein described, without further acknowledgment or evidence of such conveyance, and shall be substantially in the following form: (2008 Ed.) State of Washington County of . . . . . . . . . 84.64.120      ss. This indenture, made this . . . . day of . . . . . ., . . . . . ., between . . . . . ., as treasurer of . . . . . . county, state of Washington, party of the first part, and . . . . . ., party of the second part: Witnesseth, that, whereas, at a public sale of real property held on the . . . . day of . . . . . ., . . . ., pursuant to a real property tax judgment entered in the superior court in the county of . . . . . . on the . . . . day of . . . . . ., . . . ., in proceedings to foreclose tax liens upon real property and an order of sale duly issued by the court, . . . . . . duly purchased in compliance with the laws of the state of Washington, the following described real property, to wit: (Here place description of real property conveyed) and that the . . . . . . has complied with the laws of the state of Washington necessary to entitle (him, or her or them) to a deed for the real property. Now, therefore, know ye, that, I . . . . . ., county treasurer of the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases provided, do hereby grant and convey unto . . . . . ., his or her heirs and assigns, forever, the real property hereinbefore described. Given under my hand and seal of office this . . . . day of . . . . . ., A.D. . . . . ........................ County Treasurer. [2004 c 79 § 7; 2003 c 23 § 5. Prior: 1999 c 153 § 72; 1999 c 18 § 8; 1991 c 245 § 27; 1981 c 322 § 5; 1965 ex.s. c 23 § 4; 1963 c 8 § 1; 1961 c 15 § 84.64.080; prior: 1951 c 220 § 1; 1939 c 206 § 47; 1937 c 118 § 1; 1925 ex.s. c 130 § 20; RRS § 11281; prior: 1909 c 163 § 1; 1903 c 59 § 5; 1899 c 141 § 18; 1897 c 71 § 103; 1893 c 124 § 105; 1890 p 573 § 112; Code 1881 § 2917. Formerly RCW 84.64.080, 84.64.090, 84.64.100, and 84.64.110.] Part headings not law—1999 c 153: See note following RCW 57.04.050. Validation—1963 c 8: "All rights acquired or any liability or obligation incurred under the provisions of this section prior to February 18, 1963, or any process, proceeding, order, or judgment involving the assessment of any property or the levy or collection of any tax thereunder, or any certificate of delinquency, tax deed or other instrument given or executed thereunder, or any claim or refund thereunder, or any sale or other proceeding thereunder are hereby declared valid and of full force and effect." [1963 c 8 § 2.] 84.64.120 Appellate review—Deposit. Appellate review of the judgment of the superior court may be sought as in other civil cases. However, review must be sought within thirty days after the entry of the judgment and the party taking such appeal shall deposit a sum equal to all taxes, interest, and costs with the clerk of the court, conditioned that the appellant shall prosecute the appeal with effect, and will pay the amount of any taxes, interest and costs which may be finally adjudged against the real property involved in the appeal by any court having jurisdiction of the cause. No appeal shall be allowed from any judgment for the sale of land or lot for taxes unless the party taking such appeal shall before the time of giving notice of such appeal, and within 84.64.120 [Title 84 RCW—page 137] 84.64.130 Title 84 RCW: Property Taxes thirty days herein allowed within which to appeal, deposit with the clerk of the court of the county in which the land or lots are situated, an amount of money equal to the amount of the judgment and costs rendered in such cause by the trial court. If, in case of an appeal, the judgment of the lower court shall be affirmed, in whole or in part, the supreme court or the court of appeals shall enter judgment for the amount of taxes, interest and costs, with damages not to exceed twenty percent, and shall order that the amount deposited with the clerk of the court, or so much thereof as may be necessary, be credited upon the judgment so rendered, and execution shall issue for the balance of the judgment, damages and costs. The clerk of the supreme court or the clerk of the division of the court of appeals in which the appeal is pending shall transmit to the county treasurer of the county in which the land or lots are situated a certified copy of the order of affirmance, and it shall be the duty of such county treasurer upon receiving the same to apply so much of the amount deposited with the clerk of the court, as shall be necessary to satisfy the amount of the judgment of the supreme court, and to account for the same as collected taxes. If the judgment of the superior court shall be reversed and the cause remanded for a rehearing, and if, upon a rehearing, judgment shall be rendered for the sale of the land or lots for taxes, or any part thereof, and such judgment be not appealed from, as herein provided, the clerk of such superior court shall certify to the county treasurer the amount of such judgment, and thereupon it shall be the duty of the county treasurer to certify to the county clerk the amount deposited with the clerk of the court, and the county clerk shall credit such judgment with the amount of such deposit, or so much thereof as will satisfy the judgment, and the county treasurer shall be chargeable and accountable for the amount so credited as collected taxes. Nothing herein shall be construed as requiring an additional deposit in case of more than one appeal being prosecuted in the proceeding. If, upon a final hearing, judgment shall be refused for the sale of the land or lots for the taxes, interest, and costs, or any part thereof, in the proceedings, the county treasurer shall pay over to the party who shall have made such deposit, or his or her legally authorized agent or representative, the amount of the deposit, or so much thereof as shall remain after the satisfaction of the judgment against the land or lots in respect to which such deposit shall have been made. [1999 c 18 § 9; 1991 c 245 § 28; 1988 c 202 § 70; 1971 c 81 § 154; 1961 c 15 § 84.64.120. Prior: 1925 ex.s. c 130 § 121; RRS § 11282; prior: 1903 c 59 § 4; 1897 c 71 § 104; 1893 c 124 § 106.] Rules of court: Cf. RAP 5.2, 8.1, 18.22. Severability—1988 c 202: See note following RCW 2.24.050. 84.64.130 84.64.130 Certified copies of records as evidence. The books and records belonging to the office of county treasurer, certified by said treasurer, shall be deemed prima facie evidence to prove the issuance of any certificate, the sale of any land or lot for taxes, the redemption of the same or payment of taxes thereon. The county treasurer shall, at the expiration of his term of office, pay over to his successor in office all moneys in his hands received for redemption from sale for taxes on real property. [1961 c 15 § 84.64.130. Prior: 1925 ex.s. c 130 § 123; RRS § 11284; prior: 1897 c 71 § 108; 1893 c 124 § 123.] [Title 84 RCW—page 138] 84.64.180 Deeds as evidence—Estoppel by judgment. Deeds executed by the county treasurer, as aforesaid, shall be prima facie evidence in all controversies and suits in relation to the right of the purchaser, his heirs and assigns, to the real property thereby conveyed of the following facts: First, that the real property conveyed was subject to taxation at the time the same was assessed, and had been listed and assessed in the time and manner required by law; second, that the taxes were not paid at any time before the issuance of deed; third, that the real property conveyed had not been redeemed from the sale at the date of the deed; fourth, that the real property was sold for taxes, interest and costs, as stated in the deed; fifth, that the grantee in the deed was the purchaser, or assignee of the purchaser; sixth, that the sale was conducted in the manner required by law. And any judgment for the deed to real property sold for delinquent taxes rendered after January 9, 1926, except as otherwise provided in this section, shall estop all parties from raising any objections thereto, or to a tax title based thereon, which existed at or before the rendition of such judgment, and could have been presented as a defense to the application for such judgment in the court wherein the same was rendered, and as to all such questions the judgment itself shall be conclusive evidence of its regularity and validity in all collateral proceedings, except in cases where the tax has been paid, or the real property was not liable to the tax. [1961 c 15 § 84.64.180. Prior: 1925 ex.s. c 130 § 127; RRS § 11288; prior: 1897 c 71 § 114; 1893 c 124 § 132; 1890 p 574 § 114.] 84.64.180 84.64.190 Certified copy of deed as evidence. Whenever it shall be necessary in any action in any court of law or equity, wherein the title to any real property is in controversy, to prove the conveyance to any county of such real property in pursuance of a foreclosure of a tax certificate and sale thereunder, a copy of the tax deed issued to the county containing a description of such real property, exclusive of the description of all other real property therein described, certified by the county auditor of the county wherein the real property is situated, to be such, shall be admitted in evidence by the court, and shall be proof of the conveyance of the real property in controversy to such county, to the same extent as would a certified copy of the entire record of such tax deed. [1961 c 15 § 84.64.190. Prior: 1925 ex.s. c 130 § 128; RRS § 11289; prior: 1890 p 575 § 115.] 84.64.190 84.64.200 Prior taxes deemed delinquent—County as bidder at sale—Purchaser to pay all delinquent taxes, interest, or costs. All lots, tracts and parcels of land upon which taxes levied prior to January 9, 1926 remain due and unpaid at the date when such taxes would have become delinquent as provided in the act under which they were levied shall be deemed to be delinquent under the provisions of this title, and the same proceedings may be had to enforce the payment of such unpaid taxes, with interest and costs, and payment enforced and liens foreclosed under and by virtue of the provisions of this chapter. For the purposes of foreclosure under this chapter, the date of delinquency shall be construed to mean the date when the taxes first became delinquent. At all sales of property for which certificates of delinquency are held by the county, if no other bids are received, the county shall be considered a bidder for the full area of 84.64.200 (2008 Ed.) Recovery of Taxes Paid or Property Sold for Taxes each tract or lot to the amount of all taxes, interest and costs due thereon, and where no bidder appears, acquire title in trust for the taxing districts as absolutely as if purchased by an individual under the provisions of this chapter; all bidders except the county at sales of property for which certificates of delinquency are held by the county shall pay the full amount of taxes, interest and costs for which judgment is rendered, together with all taxes, interest and costs which are delinquent at the time of sale, regardless of whether the taxes, interest, or costs are included in the judgment. [2007 c 295 § 7; 1981 c 322 § 6; 1961 c 15 § 84.64.200. Prior: 1925 ex.s. c 130 § 129; RRS § 11290; prior: 1901 c 178 § 4; 1899 c 141 § 24; 1897 c 71 § 116; 1893 c 124 § 136.] 84.64.215 Deed recording fee—Transmittal to county auditor and purchaser. In addition to a five-dollar fee for preparing the deed, the treasurer shall collect the proper recording fee. This recording fee together with the deed shall then be transmitted by the treasurer to the county auditor who will record the same and mail the deed to the purchaser. [1991 c 245 § 29; 1961 c 15 § 84.64.215. Prior: 1947 c 60 § 1; Rem. Supp. 1947 § 11295a. Formerly RCW 84.64.210, part.] 84.64.215 84.68.040 84.68.020 Payment under protest—Claim not required. In all cases of the levy of taxes for public revenue which are deemed unlawful or excessive by the person, firm or corporation whose property is taxed, or from whom such tax is demanded or enforced, such person, firm or corporation may pay such tax or any part thereof deemed unlawful, under written protest setting forth all of the grounds upon which such tax is claimed to be unlawful or excessive; and thereupon the person, firm or corporation so paying, or their legal representatives or assigns, may bring an action in the superior court or in any federal court of competent jurisdiction against the state, county or municipality by whose officers the same was collected, to recover such tax, or any portion thereof, so paid under protest: PROVIDED, That RCW 84.68.010 through 84.68.070 shall not be deemed to enlarge the grounds upon which taxes may now be recovered: AND PROVIDED FURTHER, That no claim need be presented to the state or county or municipality, or any of their respective officers, for the return of such protested tax as a condition precedent to the institution of such action. [1994 c 124 § 40; 1961 c 15 § 84.68.020. Prior: 1937 c 11 § 1; 1931 c 62 § 2; 1927 c 280 § 7; 1925 c 18 § 7; RRS § 11315-2.] 84.68.020 Injunctions prohibited—Exceptions. Payment under protest—Claim not required. Judgment—Payment—County tax refund fund. Levy for tax refund fund. Venue of action—Intercounty property. Limitation of actions. Remedy exclusive—Exception. Action to recover property sold for taxes—Tender is condition precedent. Action to recover property sold for taxes—Complaint. Action to recover property sold for taxes—Restrictions construed as additional. Small claims recoveries—Recovery of erroneous taxes without court action. Small claims recoveries—Petition—Procedure of county officers—Transmittal of findings to department of revenue. Small claims recoveries—Procedure of department of revenue. Small claims recoveries—Payment of refunds—Procedure. Small claims recoveries—Limitation as to time and amount of refund. 84.68.030 Judgment—Payment—County tax refund fund. In case it be determined in such action that said tax, or any portion thereof, so paid under protest, was unlawfully collected, judgment for recovery thereof and interest thereon at the rate specified in RCW 84.69.100 from date of payment, together with costs of suit, shall be entered in favor of plaintiff. In case the action is against a county and the judgment shall become final, the amount of such judgment, including interest at the rate specified in RCW 84.69.100 and costs where allowed, shall be paid out of the treasury of such county by the county treasurer upon warrants drawn by the county auditor against a fund in said treasury hereby created to be known and designated as the county tax refund fund. Such warrants shall be so issued upon the filing with the county auditor and the county treasurer of duly authenticated copies of such judgment, and shall be paid by the county treasurer out of any moneys on hand in said fund. If no funds are available in such county tax refund fund for the payment of such warrants, then such warrants shall bear interest in such cases and shall be callable under such conditions as are provided by law for county warrants, and such interest, if any, shall also be paid out of said fund. [1989 c 378 § 28; 1961 c 15 § 84.68.030. Prior: 1931 c 62 § 3; RRS § 11315-3.] 84.68.010 Injunctions prohibited—Exceptions. Injunctions and restraining orders shall not be issued or granted to restrain the collection of any tax or any part thereof, or the sale of any property for the nonpayment of any tax or part thereof, except in the following cases: (1) Where the law under which the tax is imposed is void; (2) Where the property upon which the tax is imposed is exempt from taxation; or (3) Where the sale is a result of an error made by an officer or employee of the county, and the board of county commissioners or other legislative authority of the county issues an order. [2000 c 103 § 30; 1972 ex.s. c 84 § 3; 1961 c 15 § 84.68.010. Prior: 1931 c 62 § 1; RRS § 11315-1.] 84.68.040 Levy for tax refund fund. Annually, at the time required by law for the levying of taxes for county purposes, the proper county officers required by law to make and enter such tax levies shall make and enter a tax levy or levies for said county tax refund fund, which said levy or levies shall be given precedence over all other tax levies for county and/or taxing district purposes, as follows: (1) A levy upon all of the taxable property within the county for the amount of all taxes collected by the county for county and/or state purposes held illegal and recoverable by such judgments rendered against the county within the preceding twelve months, including legal interest and a proper share of the costs, where allowed, together with the additional amounts hereinafter provided for; Chapter 84.68 Chapter 84.68 RCW RECOVERY OF TAXES PAID OR PROPERTY SOLD FOR TAXES Sections 84.68.010 84.68.020 84.68.030 84.68.040 84.68.050 84.68.060 84.68.070 84.68.080 84.68.090 84.68.100 84.68.110 84.68.120 84.68.130 84.68.140 84.68.150 84.68.010 (2008 Ed.) 84.68.030 84.68.040 [Title 84 RCW—page 139] 84.68.050 Title 84 RCW: Property Taxes (2) A levy upon all of the taxable property of each taxing district within the county for the amount of all taxes collected by the county for the purposes of such taxing district, and which have been held illegal and recoverable by such judgments rendered against the county within the preceding twelve months, including legal interest and a proper share of the costs, where allowed. The aforesaid levy or levies shall also include a proper share of the interest paid out of the county tax refund fund during said twelve months upon warrants issued against said fund in payment of such judgments, legal interests and costs, plus such an additional amount as such levying officers shall deem necessary to meet the obligations of said fund, taking into consideration the probable portions of such taxes that will not be collected or collectible during the year in which they are due and payable, and also any unobligated cash on hand in said fund. [1961 c 15 § 84.68.040. Prior: 1937 c 11 § 2; 1931 c 62 § 4; RRS § 11315-4.] 84.68.050 84.68.050 Venue of action—Intercounty property. The action for the recovery of taxes so paid under protest shall be brought in the superior court of the county wherein the tax was collected or in any federal court of competent jurisdiction: PROVIDED, That where the property against which the tax is levied consists of the operating property of a railroad company, telegraph company or other public service company whose operating property is located in more than one county and is assessed as a unit by any state board or state officer or officers, the complaining taxpayer may institute such action in the superior court of any one of the counties in which such tax is payable, or in any federal court of competent jurisdiction, and may join as parties defendant in said action all of the counties to which the tax or taxes levied upon such operating property were paid or are payable, and may recover in one action from each of the county defendants the amount of the tax, or any portion thereof, so paid under protest, and adjudged to have been unlawfully collected, together with interest thereon at the rate specified in RCW 84.69.100 from date of payment, and costs of suit. [1989 c 378 § 29; 1961 c 15 § 84.68.050. Prior: 1937 c 11 § 3; 1931 c 62 § 5; RRS § 11315-5.] 84.68.060 84.68.060 Limitation of actions. No action instituted pursuant to this chapter or otherwise to recover any tax levied or assessed shall be commenced after the 30th day of the next succeeding June following the year in which said tax became payable. [1961 c 15 § 84.68.060. Prior: 1939 c 206 § 48; 1931 c 62 § 6; RRS § 11315-6.] Limitation of action to cancel tax deed: RCW 4.16.090. 84.68.070 84.68.070 Remedy exclusive—Exception. Except as permitted by RCW 84.68.010 through 84.68.070 and chapter 84.69 RCW, no action shall ever be brought or defense interposed attacking the validity of any tax, or any portion of any tax: PROVIDED, HOWEVER, That this section shall not be construed as depriving the defendants in any tax foreclosure proceeding of any valid defense allowed by law to the tax sought to be foreclosed therein except defenses based upon alleged excessive valuations, levies or taxes. [1989 c 378 § [Title 84 RCW—page 140] 30; 1961 c 15 § 84.68.070. Prior: 1939 c 206 § 49; 1931 c 62 § 7; RRS § 11315-7.] 84.68.080 84.68.080 Action to recover property sold for taxes— Tender is condition precedent. Hereafter no action or proceeding shall be commenced or instituted in any court of this state for the recovery of any property sold for taxes, unless the person or corporation desiring to commence or institute such action or proceeding shall first pay, or cause to be paid, or shall tender to the officer entitled under the law to receive the same, all taxes, penalties, interest and costs justly due and unpaid from such person or corporation on the property sought to be recovered. [1961 c 15 § 84.68.080. Prior: 1888 c 22 (p 43) § 1; RRS § 955.] Limitation of action to cancel tax deed: RCW 4.16.090. 84.68.090 84.68.090 Action to recover property sold for taxes— Complaint. In all actions for the recovery of lands or other property sold for taxes, the complainant must state and set forth specially in the complaint the tax that is justly due, with penalties, interest and costs, that the taxes for that and previous years have been paid; and when the action is against the person or corporation in possession thereof that all taxes, penalties, interest and costs paid by the purchaser at tax-sale, the purchaser’s assignees or grantees have been fully paid or tendered, and payment refused. [1994 c 124 § 41; 1961 c 15 § 84.68.090. Prior: 1888 c 22 (p 44) § 2; RRS § 956.] 84.68.100 84.68.100 Action to recover property sold for taxes— Restrictions construed as additional. The provisions of RCW 84.68.080 and 84.68.090 shall be construed as imposing additional conditions upon the complainant in actions for the recovery of property sold for taxes. [1961 c 15 § 84.68.100. Prior: 1888 c 22 (p 44) § 3; RRS § 957.] 84.68.110 84.68.110 Small claims recoveries—Recovery of erroneous taxes without court action. Whenever a taxpayer believes or has reason to believe that, through error in description, double assessments or manifest errors in assessment which do not involve a revaluation of the property, he has been erroneously assessed or that a tax has been incorrectly extended against him upon the tax rolls, and the tax based upon such erroneous assessment or incorrect extension has been paid, such taxpayer may initiate a proceeding for the cancellation or reduction of the assessment of his property and the tax based thereon or for correction of the error in extending the tax on the tax rolls, and for the refund of the claimed erroneous tax or excessive portion thereof, by filing a petition therefor with the county assessor of the county in which the property is or was located or taxed, which petition shall legally describe the property, show the assessed valuation and tax placed against the property for the year or years in question and the taxpayer’s reasons for believing that there was an error in the assessment within the meaning of RCW 84.68.110 through 84.68.150, or in extending the tax upon the tax rolls and set forth the sum to which the taxpayer desires to have the assessment reduced or the extended tax corrected. [1961 c 15 § 84.68.110. Prior: 1939 c 16 § 1; RRS § 11241-1.] (2008 Ed.) Refunds 84.68.120 Small claims recoveries—Petition—Procedure of county officers—Transmittal of findings to department of revenue. Upon the filing of the petition with the county assessor that officer shall proceed forthwith to conduct such investigation as may be necessary to ascertain and determine whether or not the assessment in question was erroneous or whether or not the tax was incorrectly extended upon the tax rolls and if he finds there is probable cause to believe that the property was erroneously assessed, and that such erroneous assessment was due to an error in description, double assessment or manifest error in assessment which does not involve a revaluation of the property, or that the tax was incorrectly extended upon the tax rolls, he shall endorse his findings upon the petition, and thereupon within ten days after the filing of the petition by the taxpayer forward the same to the county treasurer. If the assessor’s findings be in favor of cancellation or reduction or correction he shall include therein a statement of the amount to which he recommends that the assessment and tax be reduced. It shall be the duty of the county treasurer, upon whom a petition with endorsed findings is served, as in RCW 84.68.110 through 84.68.150 provided, to endorse thereon a statement whether or not the tax against which complaint is made has in fact been paid and, if paid, the amount thereof, whereupon the county treasurer shall immediately transmit the petition to the prosecuting attorney and the prosecuting attorney shall make such investigation as he deems necessary and, within ten days after receipt of the petition and findings by him, transmit the same to the state department of revenue with his recommendation in respect to the granting or denial of the petition. [1975 1st ex.s. c 278 § 208; 1961 c 15 § 84.68.120. Prior: 1939 c 16 § 2; RRS § 11241-2.] 84.68.120 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.68.130 Small claims recoveries—Procedure of department of revenue. Upon receipt of the petition, findings and recommendations the state department of revenue shall proceed to consider the same, and it may require evidence to be submitted and make such investigation as it deems necessary and for such purpose the department of revenue shall be empowered to subpoena witnesses in order that all material and relevant facts may be ascertained. Upon the conclusion of its consideration of the petition and within thirty days after receipt thereof, the department of revenue shall enter an order either granting or denying the petition and if the petition be granted the department of revenue may order the assessment canceled or reduced or the extended tax corrected upon the tax rolls in any amount it deems proper but in no event to exceed the amount of reduction or correction recommended by the county assessor. [1975 1st ex.s. c 278 § 209; 1961 c 15 § 84.68.130. Prior: 1939 c 16 § 3; RRS § 11241-3.] 84.68.130 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.68.140 Small claims recoveries—Payment of refunds—Procedure. Certified copies of the order of the department of revenue shall be forwarded to the county assessor, the county auditor and the taxpayer, and the taxpayer shall immediately be entitled to a refund of the difference, if 84.68.140 (2008 Ed.) Chapter 84.69 any, between the tax already paid and the canceled or reduced or corrected tax based upon the order of the department with interest on such amount from the date of payment of the original tax. Upon receipt of the order of the department the county auditor shall draw a warrant against the county tax refund fund in the amount of any tax reduction so ordered, plus interest at the rate specified in RCW 84.69.100 to the date such warrant is issued, and such warrant shall be paid by the county treasurer out of any moneys on hand in said fund. If no funds are available in the county tax refund fund for the payment of such warrant the warrant shall bear interest and shall be callable under such conditions as are provided by law for county warrants and such interest, if any, shall also be paid out of said fund. The order of the department shall for all purposes be considered as a judgment against the county tax refund fund and the obligation thereof shall be discharged in the same manner as provided by law for the discharge of judgments against the county for excessive taxes under the provisions of RCW 84.68.010 through 84.68.070 or any act amendatory thereof. [1989 c 378 § 31; 1975 1st ex.s. c 278 § 210; 1961 c 15 § 84.68.140. Prior: 1939 c 16 § 4; RRS § 11241-4.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.68.150 Small claims recoveries—Limitation as to time and amount of refund. No petition for cancellation or reduction of assessment or correction of tax rolls and the refund of taxes based thereon under RCW 84.68.110 through 84.68.150 shall be considered unless filed within three years after the year in which the tax became payable or purported to become payable. The maximum refund under the authority of RCW 84.68.110 through 84.68.150 for each year involved in the taxpayer’s petition shall be two hundred dollars. Should the amount of excess tax for any such year be in excess of two hundred dollars, a refund of two hundred dollars shall be allowed under RCW 84.68.110 through 84.68.150, without prejudice to the right of the taxpayer to proceed as may be otherwise provided by law to recover the balance of the excess tax paid by him. [1961 c 15 § 84.68.150. Prior: 1949 c 158 § 1; 1941 c 154 § 1; 1939 c 16 § 5; Rem. Supp. 1949 § 11241-5.] 84.68.150 Chapter 84.69 Chapter 84.69 RCW REFUNDS Sections 84.69.010 84.69.020 84.69.030 84.69.040 84.69.050 84.69.060 84.69.070 84.69.080 84.69.090 84.69.100 84.69.110 84.69.120 Definitions. Grounds for refunds—Determination—Payment—Report. Procedure to obtain order for refund. Refunds may include amounts paid to state, and county and taxing district taxes. Refund with respect to amounts paid state. Refunds with respect to county, state, and taxing district taxes. Refunds with respect to taxing districts—Administrative expenses—Disposition of funds upon expiration of refund orders. Refunds with respect to taxing districts—Not to be paid from county funds. To whom refund may be paid. Refunds shall include interest—Written protests not required—Rate of interest. Expiration date of refund orders. Action on rejected claim—Time for commencement. [Title 84 RCW—page 141] 84.69.010 84.69.130 84.69.140 84.69.150 84.69.160 84.69.170 Title 84 RCW: Property Taxes Claim prerequisite to action—Recovery limited to ground asserted. Interest shall be allowed on amount recovered. Refunds within sixty days. Chapter does not supersede existing law. Payment under protest not required. 84.69.010 Definitions. As used in this chapter, unless the context indicates otherwise: (1) "Taxing district" means any county, city, town, port district, school district, road district, metropolitan park district, water-sewer district, or other municipal corporation now or hereafter authorized by law to impose burdens upon property within the district in proportion to the value thereof, for the purpose of obtaining revenue for public purposes, as distinguished from municipal corporations authorized to impose burdens, or for which burdens may be imposed, for such purposes, upon property in proportion to the benefits accruing thereto. (2) "Tax" includes penalties and interest. [1999 c 153 § 73; 1961 c 15 § 84.69.010. Prior: 1957 c 120 § 1.] 84.69.010 Part headings not law—1999 c 153: See note following RCW 57.04.050. 84.69.020 Grounds for refunds—Determination— Payment—Report. On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were: (1) Paid more than once; (2) Paid as a result of manifest error in description; (3) Paid as a result of a clerical error in extending the tax rolls; (4) Paid as a result of other clerical errors in listing property; (5) Paid with respect to improvements which did not exist on assessment date; (6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; (7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended; (8) Paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person with respect to real property in which the person paying the same has no legal interest; (9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board; (10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board’s order; (11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other 84.69.020 [Title 84 RCW—page 142] property taxes within the one percent limitation of Article VII, section 2 of the state Constitution equal one percent of the assessed value established by the board; (12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding; (13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2); (14) Paid on the basis of an assessed valuation that was reduced under RCW 84.48.065; (15) Paid on the basis of an assessed valuation that was reduced under RCW 84.40.039; or (16) Abated under RCW 84.70.010. No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights that would preclude the assessment and collection of the refunded tax from the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid. However, no refunds as a result of an incorrect payment authorized under subsection (8) of this section made by a third party payee shall be granted. The county treasurer may deduct from moneys collected for the benefit of the state’s levy, refunds of the state levy including interest on the levy as provided by this section and chapter 84.68 RCW. The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in February of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund. [2005 c 502 § 9; 2002 c 168 § 11; 1999 sp.s. c 8 § 2. Prior: 1998 c 306 § 2; 1997 c 393 § 18; 1996 c 296 § 2; 1994 c 301 § 55; 1991 c 245 § 31; 1989 c 378 § 17; 1981 c 228 § 1; 1975 1st ex.s. c 291 § 21; 1974 ex.s. c 122 § 2; 1972 ex.s. c 126 § 2; 1971 ex.s. c 288 § 14; 1969 ex.s. c 224 § 1; 1961 c 15 § 84.69.020; prior: 1957 c 120 § 2.] Effective date—2005 c 502: See note following RCW 1.12.070. Severability—Effective date—1999 sp.s. c 8: See notes following RCW 84.70.010. Applicability—1981 c 228: "Section 1(12) of the [this] amendatory act applies to only those taxes which first become due and payable subsequent to January 1, 1981: PROVIDED, HOWEVER, That this section shall not apply to any taxes which were paid under protest and which were timely paid." [1981 c 228 § 4.] Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050. Purpose—1974 ex.s. c 122: "The legislature recognizes that the operation of the provisions of RCW 84.52.065 and 84.48.080, providing for adjustments in the county-determined assessed value of property for purposes of the state property tax for schools, may, with respect to certain properties, result in a total regular property tax payment in excess of the one percent limitation provided for in Article 7, section 2 (Amendment 59) of the state Constitution. The primary purpose of this 1974 amendatory act is to provide a procedure for administrative relief in such cases, such relief to be (2008 Ed.) Refunds in addition to the presently existing procedure for judicial relief through a refund action provided for in RCW 84.68.020." [1974 ex.s. c 122 § 1.] Severability—Savings—1971 ex.s. c 288: See notes following RCW 84.40.030. 84.69.030 Procedure to obtain order for refund. Except in cases wherein the county legislative authority acts upon its own motion, no orders for a refund under this chapter shall be made except on a claim: (1) Verified by the person who paid the tax, the person’s guardian, executor or administrator; and (2) Filed with the county treasurer within three years after making of the payment sought to be refunded; and (3) Stating the statutory ground upon which the refund is claimed. [1991 c 245 § 32; 1989 c 378 § 32; 1961 c 15 § 84.69.030. Prior: 1957 c 120 § 3.] 84.69.030 84.69.040 Refunds may include amounts paid to state, and county and taxing district taxes. Refunds ordered by the county legislative authority may include: (1) A portion of amounts paid to the state treasurer by the county treasurer as money belonging to the state; and also (2) County taxes and taxes collected by county officers for taxing districts. [1991 c 245 § 33; 1961 c 15 § 84.69.040. Prior: 1957 c 120 § 4.] 84.69.040 84.69.050 Refund with respect to amounts paid state. The part of the refund representing amounts paid to the state, including interest as provided in RCW 84.69.100, shall be paid from the county general fund and the department of revenue shall, upon the next succeeding settlement with the county, certify this amount refunded to the county: PROVIDED, That when a refund of tax funds pursuant to state levies is required, the department of revenue shall authorize adjustment procedures whereby counties may deduct from property tax remittances to the state the amount required to cover the state’s portion of the refunds. [2003 c 23 § 6; 1988 c 222 § 31; 1973 2nd ex.s. c 5 § 1; 1961 c 15 § 84.69.050. Prior: 1957 c 120 § 5.] 84.69.050 84.69.060 Refunds with respect to county, state, and taxing district taxes. Refunds ordered under this chapter with respect to county, state, and taxing district taxes shall be paid by checks drawn upon the appropriate fund by the county treasurer: PROVIDED, That in making refunds on a levy code or tax code basis, the county treasurer may make an adjustment on the subsequent year’s property tax payment due for the amount of the refund. [1991 c 245 § 34; 1989 c 378 § 18; 1988 c 222 § 32; 1973 2nd ex.s. c 5 § 2; 1961 c 15 § 84.69.060. Prior: 1957 c 120 § 6.] 84.69.060 84.69.070 Refunds with respect to taxing districts— Administrative expenses—Disposition of funds upon expiration of refund orders. Refunds ordered with respect to taxing districts, including interest as provided in RCW 84.69.100, shall be paid by checks drawn by the county treasurer upon such available funds, if any, as the taxing districts may have on deposit in the county treasury, or in the event such funds are insufficient, then out of funds subsequently accruing to such taxing district and on deposit in the county treasury. When such refunds are made as a result of taxes 84.69.070 (2008 Ed.) 84.69.110 paid under levies or statutes adjudicated to be illegal or unconstitutional all administrative costs including interest paid on the refunds incurred by the county treasurer in making such refunds shall be a charge against the funds of such districts and/or the state on a pro rata basis until the county current expense fund is fully reimbursed for the administrative expenses incurred in making such refund: PROVIDED, That whenever orders for refunds of ad valorem taxes promulgated by the county treasurer or county legislative authority and unpaid checks shall expire and become void as provided in RCW 84.69.110, then any moneys remaining in a refund account established by the county treasurer for any taxing district may be transferred by the county treasurer from such refund account to the county current expense fund to reimburse the county for the administrative expense incurred in making refunds as prescribed herein. Any excess then remaining in the taxing district refund account may then be transferred by the county treasurer to the current expense fund of the taxing district for which the tax was originally levied and collected. [2003 c 23 § 7; 1991 c 245 § 38; 1973 2nd ex.s. c 5 § 3; 1963 c 114 § 1; 1961 c 270 § 2; 1961 c 15 § 84.69.070. Prior: 1957 c 120 § 7.] 84.69.080 Refunds with respect to taxing districts— Not to be paid from county funds. Neither any county nor its officers shall refund amounts on behalf of a taxing district from county funds. [1961 c 15 § 84.69.080. Prior: 1957 c 120 § 8.] 84.69.080 84.69.090 To whom refund may be paid. The payment of refunds shall be made payable, at the election of the appropriate treasurer, to the taxpayer, his guardian, executor, or administrator or the owner of record of the property taxed, his guardian, executor, or administrator. [1961 c 15 § 84.69.090. Prior: 1957 c 120 § 9.] 84.69.090 84.69.100 Refunds shall include interest—Written protests not required—Rate of interest. Unless otherwise stated, refunds of taxes made pursuant to RCW 84.69.010 through 84.69.090 shall include interest from the date of collection of the portion refundable: PROVIDED, That refunds on a state, county, or district wide basis shall not commence to accrue interest until six months following the date of the final order of the court. No written protest by individual taxpayers need to be filed to receive a refund on a state, county, or district wide basis. The rate of interest shall be the equivalent coupon issue yield (as published by the Board of Governors of the Federal Reserve System) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted after June 30th of the calendar year preceding the date the taxes were paid. The department of revenue shall adopt this rate of interest by rule. [2002 c 168 § 12; 1997 c 67 § 1; 1989 c 14 § 6; 1987 c 319 § 1; 1973 2nd ex.s. c 5 § 4; 1961 c 15 § 84.69.100. Prior: 1957 c 120 § 10.] 84.69.100 Application—1997 c 67: "This act applies to claims made after January 1, 1998." [1997 c 67 § 2.] 84.69.110 Expiration date of refund orders. Every order for refund of ad valorem taxes promulgated by the 84.69.110 [Title 84 RCW—page 143] 84.69.120 Title 84 RCW: Property Taxes county treasurer or county legislative authority under authority of this chapter as hereafter amended shall expire and be void three years from the date of the order and all unpaid checks shall become void. [1991 c 245 § 39; 1961 c 15 § 84.69.110. Prior: 1957 c 120 § 11.] 84.69.120 Action on rejected claim—Time for commencement. If the county treasurer rejects a claim or fails to act within six months from the date of filing of a claim for refund in whole or in part, the person who paid the taxes, the person’s guardian, executor, or administrator may within one year after the date of the filing of the claim commence an action in the superior court against the county to recover the taxes which the county treasurer has refused to refund. [1991 c 245 § 40; 1989 c 378 § 33; 1981 c 228 § 2; 1961 c 15 § 84.69.120. Prior: 1957 c 120 § 12.] 84.69.120 84.69.130 Claim prerequisite to action—Recovery limited to ground asserted. No action shall be commenced or maintained under this chapter unless a claim for refund shall have been filed in compliance with the provisions of this chapter, and no recovery of taxes shall be allowed in any such action upon a ground not asserted in the claim for refund. [1961 c 15 § 84.69.130. Prior: 1957 c 120 § 13.] 84.69.130 84.69.140 Interest shall be allowed on amount recovered. In any action in which recovery of taxes is allowed by the court, the plaintiff is entitled to interest on the taxes for which recovery is allowed at the rate specified in RCW 84.69.100 from the date of collection of the tax to the date of entry of judgment, and such accrued interest shall be included in the judgment. [1989 c 378 § 34; 1988 c 222 § 33; 1961 c 15 § 84.69.140. Prior: 1957 c 120 § 14.] 84.69.140 84.69.150 Refunds within sixty days. Notwithstanding any other laws to the contrary, any taxes paid before or after delinquency may be refunded, without interest, by the county treasurer within sixty days after the date of payment if: (1) Paid more than once; or (2) The amount paid exceeds the amount due on the property as shown on the roll. [1961 c 15 § 84.69.150. Prior: 1957 c 120 § 15.] 84.69.150 84.69.160 Chapter does not supersede existing law. This chapter is enacted as a concurrent refund procedure and shall not be construed to displace or supersede any portion of the existing laws relating to refunding procedures. [1961 c 15 § 84.69.160. Prior: 1957 c 120 § 16.] 84.69.160 84.69.170 Payment under protest not required. The remedies herein provided shall be available regardless of whether the taxes in question were paid under protest. [1961 c 15 § 84.69.170. Prior: 1957 c 120 § 17.] 84.69.170 Chapter 84.70 Sections 84.70.010 84.70.040 Chapter 84.70 RCW DESTROYED PROPERTY— ABATEMENT OR REFUND Reduction in value—Abatement—Formulas—Appeal. Arson destroyed property. [Title 84 RCW—page 144] 84.70.010 Reduction in value—Abatement—Formulas—Appeal. (1) If, on or before December 31 in any calendar year, any real or personal property placed upon the assessment roll of that year is destroyed in whole or in part, or is in an area that has been declared a disaster area by the governor or the county legislative authority and has been reduced in value by more than twenty percent as a result of a natural disaster, the true and fair value of such property shall be reduced for that assessment year by an amount determined by taking the true and fair value of such taxable property before destruction or reduction in value and deduct therefrom the true and fair value of the remaining property after destruction or reduction in value. (2) Taxes levied for collection in the year in which the true and fair value has been reduced under subsection (1) of this section shall be abated in whole or in part as provided in this subsection. The amount of taxes to be abated shall be determined by first multiplying the amount deducted from the true and fair value under subsection (1) of this section by the rate of levy applicable to the property in the tax year. Then divide the product by the number of days in the year and multiply the quotient by the number of days remaining in the calendar year after the date of the destruction or reduction in value of the property. If taxes abated under this section have been paid, the amount paid shall be refunded under RCW 84.69.020. The tax relief provided for in this section for the tax year in which the damage or destruction occurred does not apply to property damaged or destroyed voluntarily. (3) No reduction in the true and fair value or abatements shall be made more than three years after the date of destruction or reduction in value. (4) The assessor shall make such reduction on his or her own motion; however, the taxpayer may make application for reduction on forms prepared by the department and provided by the assessor. The assessor shall notify the taxpayer of the amount of reduction. (5) If destroyed property is replaced prior to the valuation dates contained in RCW 36.21.080 and 36.21.090, the total taxable value for that assessment year shall not exceed the value as of the appropriate valuation date in RCW 36.21.080 or 36.21.090, whichever is appropriate. (6) The taxpayer may appeal the amount of reduction to the county board of equalization in accordance with the provisions of RCW 84.40.038. The board shall reconvene, if necessary, to hear the appeal. [2005 c 56 § 1; 2001 c 187 § 26; 1999 sp.s. c 8 § 1; 1997 c 3 § 126 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 56; 1987 c 319 § 6; 1981 c 274 § 1; 1975 1st ex.s. c 120 § 2; 1974 ex.s. c 196 § 3.] 84.70.010 Contingent effective date—2001 c 187: "Sections 29, 30, and 31 of this act take effect for taxes levied in 2001 for collection in 2002 and thereafter if the proposed amendment to Article VII, section 1 of the state Constitution providing for valuation increases to be phased in over a period of four years is validly submitted to and is approved and ratified by voters at the next general election. If the proposed amendment is not approved and ratified, sections 29, 30, and 31 of this act are null and void. If such proposed amendment is approved and ratified, sections 2 through 13, 16 through 19, and 21 through 28 of this act are null and void." [2001 c 187 § 32.] Reviser’s note: No proposed amendment to Article VII, section 1 of the state Constitution was submitted to the voters. Application—2001 c 187: See note following RCW 84.40.020. Severability—1999 sp.s. c 8: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act (2008 Ed.) Construction or the application of the provision to other persons or circumstances is not affected." [1999 sp.s. c 8 § 3.] Effective date—1999 sp.s. c 8: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 7, 1999]." [1999 sp.s. c 8 § 4.] Application—Severability—Part headings not law—Referral to electorate—1997 c 3: See notes following RCW 84.40.030. Severability—1974 ex.s. c 196: See note following RCW 84.56.020. Refund of property taxes: Chapter 84.69 RCW. 84.70.040 Arson destroyed property. No relief under this chapter shall be given to any person who is convicted of arson with regard to the property for which relief is sought. [1987 c 319 § 7; 1974 ex.s. c 196 § 6.] 84.70.040 84.98.040 treasurers shall apportion any such lieu payment in the manner provided in RCW 84.72.020. In either event the department of revenue shall certify to the state treasurer the basis of apportionment and the state treasurer shall thereupon forthwith transmit any such lieu payment, together with a statement of the basis of apportionment, to the county treasurer in accordance with such certification. [1975 1st ex.s. c 278 § 213; 1961 c 15 § 84.72.030. Prior: 1941 c 199 § 3; Rem. Supp. 1941 § 11337-17.] Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. Chapter 84.98 Chapter 84.98 RCW CONSTRUCTION Severability—1974 ex.s. c 196: See note following RCW 84.56.020. Sections Chapter 84.72 RCW FEDERAL PAYMENTS IN LIEU OF TAXES Chapter 84.72 Sections 84.72.010 84.72.020 84.72.030 State treasurer authorized to receive in lieu payments— Department of revenue to apportion. Basis of apportionment. Certification of apportionment to state treasurer—Distribution to county treasurers. 84.72.010 State treasurer authorized to receive in lieu payments—Department of revenue to apportion. The state treasurer is hereby authorized and directed to receive any moneys that may be paid to the state by the United States or any agency thereof in lieu of ad valorem property taxes, and to transfer the same to the respective county treasurers in compliance with apportionments made by the state department of revenue; and the state treasurer shall immediately notify the department of revenue of the receipt of any such payment. [1975 1st ex.s. c 278 § 211; 1961 c 15 § 84.72.010. Prior: 1941 c 199 § 1; Rem. Supp. 1941 § 11337-15.] 84.72.010 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.72.020 Basis of apportionment. Any such moneys so paid to the state treasurer shall be apportioned to the state and to the taxing districts thereof that would be entitled to share in the property taxes in lieu of which such payments are made in the same proportion that the state and such taxing units would have shared in such property taxes if the same had been levied. The basis of apportionment shall be the same as that of property taxes first collectible in the year in which such lieu payment is made: PROVIDED, That if any such lieu payment cannot be so apportioned the apportionment shall be made on such basis as the department of revenue shall deem equitable and proper. [1975 1st ex.s. c 278 § 212; 1961 c 15 § 84.72.020. Prior: 1941 c 199 § 2; Rem. Supp. 1941 § 11337-16.] 84.72.020 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 84.72.030 Certification of apportionment to state treasurer—Distribution to county treasurers. The department of revenue may indicate either the exact apportionment to taxing units or it may direct in general terms that county 84.72.030 (2008 Ed.) 84.98.010 84.98.020 84.98.030 84.98.040 84.98.050 Continuation of existing law. Title, chapter, section headings not part of law. Invalidity of part of title not to affect remainder. Repeals and saving. Emergency—1961 c 15. 84.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. [1961 c 15 § 84.98.010.] 84.98.010 84.98.020 Title, chapter, section headings not part of law. Title headings, chapter headings, and section or subsection headings, as used in this title, do not constitute any part of the law. [1961 c 15 § 84.98.020.] 84.98.020 84.98.030 Invalidity of part of title not to affect remainder. If any section, subdivision of a section, paragraph, sentence, clause or word of this title for any reason shall be adjudged invalid, such judgment shall not affect, impair or invalidate the remainder of this title but shall be confined in its operation to the section, subdivision of a section, paragraph, sentence, clause or word directly involved in the controversy in which such judgment shall have been rendered. If any tax imposed under this title shall be adjudged invalid as to any person, corporation, association or class of persons, corporations or associations included within the scope of the general language of this title such invalidity shall not affect the liability of any person, corporation, association or class of persons, corporations or associations as to which such tax has not been adjudged invalid. It is hereby expressly declared that had any section, subdivision of a section, paragraph, sentence, clause, word or any person, corporation, association or class of persons, corporations or associations as to which this title is declared invalid been eliminated from the title at the time the same was considered the title would have nevertheless been enacted with such portions eliminated. [1961 c 15 § 84.98.030.] 84.98.030 84.98.040 Repeals and saving. 84.98.040. 84.98.040 See 1961 c 15 § [Title 84 RCW—page 145] 84.98.050 Title 84 RCW: Property Taxes 84.98.050 Emergency—1961 c 15. This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. [1961 c 15 § 84.98.050.] 84.98.050 [Title 84 RCW—page 146] (2008 Ed.) Title 85 Title 85 DIKING AND DRAINAGE Chapters 85.05 Diking districts. 85.06 Drainage districts and miscellaneous drainage provisions. 85.07 Miscellaneous diking and drainage provisions. 85.08 Diking, drainage, and sewerage improvement districts. 85.12 Federal aid to diking, drainage, and sewerage improvement districts. 85.15 Diking, drainage, sewerage improvement districts—1967 act. 85.16 Maintenance costs and levies—Improvement districts. 85.18 Levy for continuous benefits—Diking districts. 85.20 Reorganization of districts into improvement districts—1917 act. 85.22 Reorganization of districts into improvement districts—1933 act. 85.24 Diking and drainage districts in two or more counties. 85.28 Private ditches and drains. 85.32 Drainage district revenue act of 1961. 85.36 Powers of special districts. 85.38 Special district creation and operation. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Adjustment of diking and drainage district indebtedness: Chapter 87.64 RCW. Assessments and charges against state lands: Chapter 79.44 RCW. Authority of cities and towns to contract for dikes, levees: RCW 35.21.090. Construction projects in state waters: Chapter 77.55 RCW. Conveyance of real property by public bodies—Recording: RCW 65.08.095. County drainage systems, authority, procedure: Chapter 36.94 RCW. County roads and bridges: Chapter 36.81 RCW. Diking and drainage bonds legal investment for mutual savings bank: RCW 32.20.130. district reclamation contracts: RCW 89.16.070. Draining lowlands by cities and towns: Chapter 35.56 RCW. Easements over state lands: Chapter 79.36 RCW. Elections: Title 29A RCW. Flood control: Title 86 RCW. 85.05.010 85.05.065 85.05.070 85.05.071 85.05.072 85.05.073 Harbors, tidelands, tidewaters: State Constitution Art. 15 § 1 (Amendment 15), Art. 17. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180, 41.04.190. Irrigation districts: Title 87 RCW. Lien for labor and materials on public works: Chapter 60.28 RCW. Limitation of actions, special assessments, warrants: RCW 4.16.030, 4.16.050. Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93 RCW. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Metropolitan municipal corporations: Chapter 35.58 RCW. Municipal water and sewer facilities act: Chapter 35.91 RCW. Planning enabling act: Chapter 36.70 RCW. Port districts: Title 53 RCW. (2008 Ed.) Reclamation districts: Title 89 RCW. Right-of-way for diking and drainage purposes over state lands: RCW 79.36.540 through 79.36.560. River and harbor improvements: Chapter 88.32 RCW. Safeguarding open canals and ditches: RCW 35.43.040, 35.44.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480, 87.03.526. Soil and water conservation districts: Chapter 89.08 RCW. Special purpose districts, expenditures to recruit job candidates: RCW 42.24.170. State reclamation act: Chapter 89.16 RCW. United States reclamation areas: Chapter 89.12 RCW. Water rights: Title 90 RCW. Waterways: Title 91 RCW. Weather modification and control: Chapter 43.37 RCW. Chapter 85.05 Chapter 85.05 RCW DIKING DISTRICTS Sections 85.05.074 85.05.075 85.05.076 85.05.077 85.05.078 85.05.079 85.05.080 85.05.081 85.05.082 85.05.083 85.05.085 85.05.090 85.05.100 85.05.110 85.05.120 85.05.130 85.05.135 85.05.140 85.05.150 85.05.160 85.05.170 85.05.180 85.05.190 85.05.200 85.05.210 85.05.220 85.05.230 Districts authorized—Powers—Management. Certain powers and rights governed by chapter 85.38 RCW. Eminent domain—Powers of district. Resolution to construct drainage system. Resolution to construct drainage system—Notice of hearing. Resolution to construct drainage system—Procedure in absence of objections. Resolution to construct drainage system—Objections to improvement. Resolution to construct drainage system—Assessment of benefits. Resolution to construct drainage system—Appeal to supreme court—Trial de novo. Resolution to construct drainage system—Assessments for drains and dikes to be segregated. Resolution to construct drainage system—Bonds to construct drainage system. Resolution to construct drainage system—Appellate review. Rights-of-way on public land. Organization—Matters to be set in notices, petitions or proceedings. Beds and shores of streams granted to district. Auditor to sign petition for his county, when. Commissioners, duty of. Petition for improvement—Contents. Petition for improvement—Employment of assistants—Compensation as costs in suits. Summons—Contents—Service. Appearance of defendants—Jury—Verdict—Decree. Assessment of benefited lands formerly omitted—Procedure—Appeals. Special assessments—Budgets—Alternative methods. Proceedings may be dismissed when. Procedure to claim awards. Transcript of benefits to auditor—Assessments—Collection. Tax to pay cost on dismissal. Construction—Contractors—Performance bonds. Substantial changes in plans—Procedure. Payments on contracts—Retained percentage. Private dikes, how connected—Additional plans—Costs. Connecting with other diking systems. Action by district to prevent washing away of stream banks. [Title 85 RCW—page 1] 85.05.010 85.05.240 85.05.250 85.05.260 85.05.270 85.05.280 85.05.355 85.05.360 85.05.365 85.05.366 85.05.367 85.05.370 85.05.380 85.05.390 85.05.400 85.05.410 85.05.420 85.05.430 85.05.440 85.05.450 85.05.460 85.05.470 85.05.490 85.05.500 85.05.540 85.05.550 85.05.605 85.05.610 85.05.620 85.05.630 85.05.640 85.05.650 Title 85 RCW: Diking and Drainage Action by district to prevent washing away of stream banks— Expenses for appropriation of land. Dikes along public road. Incorporated town may act as or be included in diking district. Estimate for maintenance and repair—Emergency expenditures. Organization of board—Warrants, how issued. Special assessment bonds. Warrants—When and how paid. Certificates of delinquency—Foreclosure—Sale—Use of proceeds. Funds to purchase delinquent certificates. Lands owned by district exempt from taxation. Trial—Findings and forms of verdict. Public lands subject to assessment—Rights and liabilities of public corporations. Assessments on public lands—How paid. Fees for service of process. Commissioners—Compensation and expenses. Powers of court—Injunctions. Sale of unneeded property—Authorized. Sale of unneeded property—Resolution of intention—Notice of hearing—Publication and posting. Sale of unneeded property—Protests—Resolution of final action—Conveyance. Sale of unneeded property—Conveyance delayed if protests filed—Appeal. Sale of unneeded property—Direct action in superior court by protestant on final order. Levy for preliminary expenses. Levy for preliminary expenses—Preliminary expenses defined. Plat of reclaimed land—Benefits to be determined and paid. Plat of reclaimed land—Construction, application of RCW 85.05.510 through 85.05.550. Annexation of territory—Consolidation of special districts— Suspension of operations—Reactivation. Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress. Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Indian trust lands and restricted lands may be included, when. Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Vesting of right, title and interest to dikes and land. Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Definitions. Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Ratification and confirmation of prior acts. Reviser’s note: The language "this act," "this chapter," and words of similar import appear throughout chapter 85.05 RCW. This chapter is almost entirely comprised of the basic diking district act of chapter 117, Laws of 1895, as amended and as expressly added thereto by subsequent enactments. The chapter is codified in the session law order of the basic act with a few independent sections which are in pari materia being also codified herein. Some sections were expressly added to the chapter of the code or compilation in which the basic act was currently published at the time of the particular enactment. Similarly some sections were amended by reference to the compilation number only. Some of these sections contain the language "this act," "this chapter," or both which appear in the session law either as original language or as reenactments of the compiler’s translation. Therefore, throughout chapter 85.05 RCW such language is retained, wherever it appears, in the most recent session law reenactment. Situations concerning effective dates of particular acts or having express restrictive applications are otherwise specially noted. Validation—1915 c 163: "Section 1. Whenever a petition for the formation of a diking district, under the provisions of section 4092 of Rem. & Bal. Code, shall have been filed with the board of county commissioners of any county, and such petition shall have conformed to the requirements of said section, except that the description of the proposed system of diking, the route over which the same is to be constructed, and the proposed spurs or branches, and the termini thereof, shall not have been definitely set forth in said petition, or said petition shall have been defective in any particular, and whenever said petition shall have been published, as required in section 4093 of Rem. & Bal. Code and a hearing shall have been held thereon, and supple[Title 85 RCW—page 2] mental petitions shall have been filed, and the board of county commissioners shall have, at the final hearing, entered findings and an order granting the prayer of the petitioners, in whole or in part, as provided in said section 4093, and said board of county commissioners shall have given notice of an election to be held in such proposed diking district, and shall have appointed officers of election in the manner prescribed in section 4094 of Rem. & Bal. Code, and such election shall have been held, and the board of county commissioners shall have counted and canvassed the votes cast thereat, and it shall have appeared that a majority of the votes cast were for "Dike Districts Yes," and the board shall have entered an order upon its records declaring the proposed territory duly organized as a diking district, and given such district a proper number, followed by the name of the county and state, and declared the three persons receiving respectively the highest number of votes the duly elected dike commissioners of such diking district, and caused a copy of the order entered of record, to be duly certified and filed in the office of the secretary of state, in the manner prescribed in section 4095 of Rem. & Bal. Code, the organization of said diking district so attempted to be organized shall be deemed complete, and the organization of any such diking district so attempted to be organized in the manner hereinabove set forth, is hereby validated, and said diking district is hereby declared to be a duly organized and established diking district." [1915 c 163 § 1.] Special district creation and operation: Chapter 85.38 RCW. 85.05.010 Districts authorized—Powers—Management. Any portion of a county requiring diking may be organized into a diking district, and when so organized, such district, and the board of commissioners hereinafter provided for, shall have and possess the power herein conferred or that may hereafter be conferred by law upon such district and board of commissioners, and said district shall be known and designated as diking district No. . . . . (here insert number) of the county of . . . . . . (here insert the name of county) of the state of Washington, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession, and shall adopt and use a seal. The commissioners hereinafter provided for, and their successors in office, shall, from the time of the organization of such diking district, have the power, and it shall be their duty, to manage and conduct the business and affairs of the district; make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as hereinafter provided, or that may hereafter be provided by law. [1921 c 146 § 1; 1895 c 117 § 1; RRS § 4236. Cf. 1888 p 90 § 1; Code 1881 § 2519. Formerly RCW 85.04.005, part.] 85.05.010 85.05.065 Certain powers and rights governed by chapter 85.38 RCW. Diking districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 31.] 85.05.065 Severability—1985 c 396: See RCW 85.38.900. 85.05.070 Eminent domain—Powers of district. All diking districts organized under the provisions of this act shall have the right of eminent domain with the power by and through its board of commissioners to cause to be condemned and appropriated private property for the use of said organization, in the construction and maintenance of a system of dikes and make just compensation therefor; that the property of private corporations may be subjected to the same rights of eminent domain as private individuals, and said board of commissioners shall have the power to acquire by purchase 85.05.070 (2008 Ed.) Diking Districts all of the real property necessary to make the improvements provided for by this act. All diking districts and the commissioners thereof now organized and existing, and all diking districts hereafter to be organized, and the commissioners thereof shall have in addition to the rights, powers and authority now conferred by any law of this state: (1) The right, power and authority to straighten, widen, deepen and improve any and all rivers, watercourses or streams, whether navigable or otherwise, flowing through or located within the boundaries of such diking district, or any rivers, watercourses or streams which shall at any time by their overflow damage the land within the boundaries of any such diking district. (2) To construct all needed and auxiliary dikes, drains, ditches, canals, flumes, locks and all other necessary artificial appliances, wherever situated, in the construction of a diking system and which may be necessary or advisable to protect the land in any diking district from overflow, or to provide an efficient system of drainage for the land situated within such diking district, or to assist and become necessary in the preservation and maintenance of such diking system. (3) In the accomplishment of the foregoing objects, the commissioners of such diking districts are hereby given, in addition to the right and power of eminent domain now conferred by law upon the commissioners of any diking district, the right, power and authority by purchase, or the exercise of the power and authority of eminent domain, or otherwise, to acquire all necessary or needed rights-of-way in the straightening, deepening or widening of such rivers, watercourses or streams, and such auxiliary drains, ditches or canals hereinabove mentioned, and when so acquired shall have and are hereby given the right, power and authority, by and with the consent and approval of the United States government, in cases where such consent is necessary, to divert, alter or change the bed or course of any such river, watercourse or stream aforesaid, or to deepen or widen the same. All diking districts and the commissioners thereof are further given the right, power and authority to join and contract with any other diking district or districts for the joint construction of any of the foregoing works, appliances, or improvements, whether such works, appliances or improvements are located within the boundaries of any or all of the contracting districts. [1939 c 117 § 1; 1915 c 153 § 1; 1907 c 95 § 1; 1895 c 117 § 7; RRS § 4243. Prior: 1883 p 30 § 1; Code 1881 § 2523. Formerly RCW 85.04.410.] 85.05.071 Resolution to construct drainage system. Before entering upon the construction of any system of drainage for the land situated within such diking district, the commissioners thereof shall adopt a resolution which shall contain a brief and general description of the proposed improvement, a statement that the costs thereof shall be paid by warrants drawn and payable in like manner as for the original construction of the dikes of such district, and fixing a time and place within such district for hearing objections to such proposed improvement or for the proposed method of paying the costs thereof. The time so fixed shall be not less than thirty days or more than sixty days from the date said resolution shall be adopted. Such resolution may be adopted by the commissioners upon their own motion and it shall be their duty to adopt such resolution at any time when a petition 85.05.071 (2008 Ed.) 85.05.075 signed by the owners of sixty percent or more of the acreage within such diking district is presented, requesting them to do so. [1915 c 153 § 2; RRS § 4244. Formerly RCW 85.04.450.] 85.05.072 Resolution to construct drainage system— Notice of hearing. Notice of the hearing shall be given by posting in three public places within the district a true copy of the resolution signed by the commissioners of the diking district and attested with the seal thereof, which notice shall be posted for at least ten days prior to the day fixed in the resolution for the hearing. Notice shall also be published at least once in a newspaper of general circulation in the district at least ten days before the date of the hearing. [1985 c 469 § 67; 1915 c 153 § 3; RRS § 4245. Formerly RCW 85.04.455.] 85.05.072 85.05.073 Resolution to construct drainage system— Procedure in absence of objections. At the time fixed, the commissioners shall meet and if no objections have been made to the proposed improvement or to the proposed method of paying the costs thereof, they shall adopt an order reciting that fact and shall thereupon proceed to construct such system of drainage and pay the costs thereof in accordance with the terms specified in the resolution. [1915 c 153 § 4; RRS § 4246. Formerly RCW 85.04.460, part.] 85.05.073 85.05.074 Resolution to construct drainage system— Objections to improvement. But if objections in writing are filed either to the proposed improvement or to the proposed method of paying the costs thereof, the commissioners shall proceed to hear and consider the same and may, thereupon, order that such proposed improvement be abandoned for the time being or may direct such improvement to be constructed and the order of the commissioners in that regard shall be final and conclusive on all parties interested: PROVIDED, HOWEVER, That no such proceeding shall be abandoned unless the owners of at least twenty-five percent of the acreage within said district shall have at or prior to said hearing, filed protests against the same. But nothing contained in *this act shall be held to forbid the commissioners in their discretion overruling all protests and directing the construction of such improvement. Commissioners shall likewise hear and consider all objections that may be filed to the proposed method of paying the cost of such improvement. [1915 c 153 § 5; RRS § 4247. Formerly RCW 85.04.460, part.] 85.05.074 *Reviser’s note: "this act" appears in 1915 c 153 codified as RCW 85.05.070 through 85.05.079. See also reviser’s note following chapter digest. 85.05.075 Resolution to construct drainage system— Assessment of benefits. In case the commissioners at such hearing shall determine that the benefits accruing to any lot or parcel of lands within said district by reason of the construction of such drainage system are greater or less than the amount theretofore fixed in the original or any subsequent proceeding for the construction of dikes, they shall determine the amount of such benefits to each lot or parcel of land and certify their findings and determination in that regard to the county auditor and the county auditor shall note the same on the transcript of the judgment (and in case there has been any readjustment of assessments of such diking district, then 85.05.075 [Title 85 RCW—page 3] 85.05.076 Title 85 RCW: Diking and Drainage upon such transcript as readjusted). [1915 c 153 § 6; RRS § 4248. Formerly RCW 85.04.465.] ing law. [1988 c 202 § 72; 1971 c 81 § 156; 1915 c 153 § 10; RRS § 4252. Formerly RCW 85.04.475, part.] *Reviser’s note: "this act," see note following RCW 85.05.074. 85.05.076 85.05.076 Resolution to construct drainage system— Appeal to supreme court—Trial de novo. Any person deeming himself aggrieved by the assessment for benefits made against any lot or parcel of land owned by him, may appeal therefrom to the superior court for the county in which the diking district is situated; such appeal shall be taken within the time and substantially in the manner prescribed by the laws of this state for appeals from justices’ courts and all notices of appeal shall be filed with the said board, and the board of diking commissioners shall at the appellant’s expense certify to the superior court so much of the record as appellant may request, and the hearing in said superior court shall be de novo, and the superior court shall have power and authority to reverse or modify the determination of the commissioners and to certify the result of its determination to the county auditor and shall have full power and authority to do anything in the premises necessary to adjust the assessment upon the lots or parcels of land involved in the appeal in accordance with the benefits. [1915 c 153 § 7; RRS § 4249. Formerly RCW 85.04.475, part.] 85.05.077 85.05.077 Resolution to construct drainage system— Assessments for drains and dikes to be segregated. In all cases wherein it is finally determined that the assessments for the system of drainage differ from the assessment theretofore made, as to any tract or parcel of land within said diking district, the diking commissioners in making their annual estimate shall segregate the amount necessary to be raised for the construction, repair and maintenance of the system of drainage or for the payment of the principal or interest of any bonds issued for drainage purposes from the amount necessary to be raised for all other diking purposes and the county auditor in apportioning said estimate for drainage purposes to the lands in such district shall base such apportionment upon the assessment fixed for drainage purposes and shall apportion the remainder of such estimate upon the basis fixed in the original or any subsequent proceeding for all other diking purposes. But in all other cases, the estimate and apportionment shall be made in accordance with existing laws. [1915 c 153 § 8; RRS § 4250. Formerly RCW 85.04.470.] 85.05.078 85.05.078 Resolution to construct drainage system— Bonds to construct drainage system. Authority is hereby given to any diking district heretofore organized, or that may be hereafter organized, to issue bonds of such diking district for the purpose of procuring funds with which to construct a drainage system, such bonds to be issued in accordance with the terms of *RCW 85.05.480. [1915 c 153 § 9; RRS § 4251. Formerly RCW 85.04.480.] *Reviser’s note: RCW 85.05.480 was repealed by 1986 c 278 § 46. Severability—1988 c 202: See note following RCW 2.24.050. 85.05.080 Rights-of-way on public land. The right, power and authority to acquire the necessary and needed rights-of-way for any and all purposes now existing by law or created by this act, may be acquired by the commissioners of any diking district over, across and upon any land, or interest therein, of the state of Washington or any county of this state, and streets, avenues, alleys or public places of any city, town or municipal corporation of this state: PROVIDED, HOWEVER, That the construction of such dike or dikes shall not have the effect of impairing any right, power or authority now existing on the part of any city or town to construct in, upon, underneath, above or across such dike or dikes, sewers, water pipes, mains, or the granting of any franchise thereon, or the improvement by way of planking, replanking, paving, repaving or any other power, right or authority which but for this act such city or town would have in or to such street, avenue, alley or public place; except, however, that such right, power or authority on behalf of such city or town shall not be exercised either by such city or town or by any person, persons, firms or corporations to whom it might grant any right or franchise, which will materially impair the efficiency of such dike or dikes. The provisions of this section as regards said system of dikes to be located within the boundaries of any incorporated city or town shall apply to the extension or enlargement of any dike or dikes already existing upon, over and across any street, avenue, alley or public place of any city or town, as well as the original construction thereof. [1907 c 95 § 2; RRS § 4253. Formerly RCW 85.04.415.] 85.05.080 85.05.081 Organization—Matters to be set in notices, petitions or proceedings. In all proceedings hereafter had to organize diking districts, all notices, petitions or proceedings shall contain and set forth all matters and things required by existing law, and in addition thereto shall contain and set forth, so far as is necessary or applicable, all matters and things required by the provisions of this act, and all diking districts now existing, which may exercise any of the rights, powers or authority conferred by the provisions of this act, the proceedings to obtain the benefits hereof, must contain such allegations, and such steps and proceedings must be taken, as is rendered necessary by the provisions of this act; and the commissioners of existing diking districts are hereby given the right, power and authority to institute all proceedings and to take all necessary steps to secure the benefits of the provisions of this act, and all proceedings to secure the benefits thereof and all judgments to be rendered in such proceedings, including the filing of transcripts and the making of levies, and all other proceedings, shall be in addition to proceedings, assessments or levies, theretofore made in any prior proceedings. [1907 c 95 § 3; RRS § 4254.] 85.05.081 85.05.079 85.05.079 Resolution to construct drainage system— Appellate review. Either the dike commissioners or any landowner who has appealed to the superior court in accordance with the provisions of *this act may seek appellate review within the time and in the manner prescribed by exist[Title 85 RCW—page 4] 85.05.082 Beds and shores of streams granted to district. All the right, title and interest of the state of Washington in and to so much of the beds and shores of any navigable river, stream, waterway or watercourse located within the 85.05.082 (2008 Ed.) Diking Districts boundaries of any diking district up to and including the line of ordinary high tide in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes, to the extent that the same under any proceedings to be had under this act shall cease to become a part of such river, stream, waterway or watercourse by reason of the diversion of such river, stream, waterway or watercourse, under any proceedings had under this act, are hereby given, granted and vested in the respective diking districts now existing or hereafter to be formed; and the commissioners of such respective diking districts are hereby given the right, power and authority to sell such beds and shores in such manner and upon such notices and proceedings as govern, under existing laws of this state, the board of county commissioners in the sale and disposition of any real estate belonging to counties of this state. The proceeds of such sales are to be used for the benefits of such diking district in the payment of any expenses connected with the construction of such dikes or maintenance thereof: PROVIDED, HOWEVER, That the commissioners of such diking district may, in their discretion, exchange such abandoned beds and shores for other property needed in the straightening, deepening or widening of such rivers, watercourses or streams; and which exchange may be made upon such terms, conditions and in such areas as in the discretion of such commissioners they may deem advisable and for the best interests of such diking district, without any notice or other formality of proceedings whatever. [1907 c 95 § 4; RRS § 4255. Formerly RCW 85.04.445.] 85.05.083 Auditor to sign petition for his county, when. Whenever the county owns any land situated within the boundaries of a proposed diking district, the county auditor, when so directed by the board of county commissioners of the county in which such lands are situated, is hereby authorized to sign the petition praying for the formation of such diking district for and on behalf and as the act and deed of such county, and when so signed the same shall be considered in determining the question of a majority signature in acreage to the petition for the formation of such district. [1907 c 95 § 5; RRS § 4256. Formerly RCW 85.04.430.] 85.05.083 85.05.085 Commissioners, duty of. The board of dike commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board of dike commissioners shall have the exclusive charge of the construction and maintenance of all dikes or dike systems which may be constructed within the district, and shall be the executive officers thereof, with full power to bind the district by their acts in the performance of their duties, as provided by law. [1985 c 396 § 37; 1921 c 146 § 5; 1895 c 117 § 8; RRS § 4257. Cf. 1883 p 31 § 2; Code 1881 § 2527. Formerly RCW 85.04.045, part.] 85.05.085 Severability—1985 c 396: See RCW 85.38.900. 85.05.090 Petition for improvement—Contents. Whenever it is desired to prosecute the construction of a system of dikes within said district, said district, by and through its board of commissioners, shall file a petition in the superior 85.05.090 (2008 Ed.) 85.05.100 court of the county in which said district is located, setting forth therein the route over which the same is to be constructed, with a complete description thereof, together with specifications for its construction, with all necessary plats and plans thereof, together with the estimated cost of such proposed improvement, showing therein the names of the landowners whose lands are to be benefited by such proposed improvement; the number of acres owned by each landowner, and the maximum amount of benefits per acre to be derived by each landowner set forth therein from the construction of said proposed improvement, and that the same will be conducive to the public health, convenience and welfare, and increase the value of all of said property for purposes of public revenue. Said petition shall further set forth the names of the landowners through whose land the right-of-way is desired for the construction of said dikes; the amount of land necessary to be taken therefor, and an estimate of the value of said lands so sought to be taken for such right-of-way, and the damages sustained by any person or corporation interested therein, if any, by reason of such appropriation, irrespective of the benefits to be derived by such landowners by reason of the construction of said system. Such estimate shall be made, respectively, to each person through whose land said right-ofway is sought to be appropriated. Said petition shall set forth as defendants therein all the persons or corporations to be benefited by said improvement, and all persons or corporations through whose land the right-of-way is sought to be appropriated, and all persons or corporations having any interest therein, as mortgagee or otherwise, appearing of record, and shall set forth that said proposed system of dikes is necessary for the protection of all the lands from overflow described in said petition, and that all lands sought to be appropriated for said right-of-way are necessary to be used as a right-of-way in the construction and maintenance of said improvements; and when the proposed improvement will protect or benefit the whole or any part of any public or corporate road or railroad, so that the traveled track or roadbed thereof will be improved by the construction of said dikes, such fact shall be set forth in said petition, and such public or private corporations owning said road or railroad shall be made parties defendant therein, and the maximum amount of benefits to be derived from such proposed improvement shall be estimated in said petition against said road or railroad. [1895 c 117 § 9; RRS § 4258. Formerly RCW 85.04.050, part.] 85.05.100 85.05.100 Petition for improvement—Employment of assistants—Compensation as costs in suits. In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the said superior court, the board of commissioners of said diking district may employ one or more good and competent surveyors and draughtsmen to assist them in compiling data required to be presented to the court with said petition as hereinbefore provided, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed by them, and such services shall be taxed as costs in the suit. [1895 c 117 § 10; RRS § 4259. Formerly RCW 85.04.055, part.] [Title 85 RCW—page 5] 85.05.110 85.05.110 Title 85 RCW: Diking and Drainage 85.05.110 Summons—Contents—Service. A summons stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be appropriated, and those which it is claimed will be benefited by the improvement, and stating the court wherein the petition is filed, the date of the filing thereof and when the defendants are required to appear (which shall be ten days, exclusive of the day of service, if served within the county in which the petition is pending, and if in any other county, then twenty days after such service, and if served by publication, then within thirty days from the date of the first publication), shall be served on each and every person named therein as owner, encumbrancer, tenant or otherwise interested therein. The summons must be subscribed by the commissioners, or their attorney, running in the name of the state of Washington and directed to the defendants; and service thereof shall be made by delivering a copy of such summons to each of the persons or parties so named therein, if a resident of the state, or in case of the absence of such person or party from his or her usual place of abode, by leaving a copy of the notice at his or her usual place of abode; or in case of a foreign corporation, at its principal place of business in this state with some person of more than sixteen years of age; in case of domestic corporations service shall be made upon the president, secretary or other director or trustee of the corporation; in case of persons under eighteen years of age, on their guardians, or in case no guardian shall have been appointed, then on the person who has the care and custody of the person; in case of idiots, lunatics or insane persons, on their guardian, or in case no guardian shall have been appointed, then on the person in whose care or charge they are found. *In case the land, real estate, premises or other property sought to be appropriated, or which it is claimed will be benefited by the improvement, is state, tide, school or county land, the summons shall be served on the auditor of the county in which the land, real estate, premises or other property sought to be appropriated, or which it is claimed will be benefited, is situated. In all cases where the owner or person claiming an interest in the real or other property is a nonresident of this state, or where the residence of the owner or person is unknown, and an affidavit of one or more of the commissioners of the district shall be filed that owner or person is a nonresident of this state, or that after diligent inquiry his residence is unknown or cannot be ascertained by such deponent, service may be made by publication thereof in a newspaper of general circulation in the county where such lands are situated once a week for three successive weeks. The publication shall be deemed service upon each nonresident person or persons whose residence is unknown. The summons may be served by any competent person eighteen years of age or over. Due proof of service of the summons by affidavit of the person serving the same, or by the printer’s affidavit of publication, shall be filed with the clerk of the court before the court shall proceed to hear the matter. Want of service of the notice shall render the subsequent proceedings void as to the person not served; but all persons or parties having been served with summons as herein provided, either by publication or otherwise, shall be bound by the subsequent proceedings. In all cases not otherwise provided for, service of notice, order and other papers in the proceeding authorized by this chapter may be made as the superior court, or the [Title 85 RCW—page 6] judge thereof, may direct: PROVIDED, That personal service upon any party outside of this state shall be of like effect as service by publication. [1985 c 469 § 68; 1971 ex.s. c 292 § 56; 1895 c 117 § 11; RRS § 4260. Formerly RCW 85.04.060, part.] *Reviser’s note: Subsequent legislation provides for service of summons on budget director (now director of financial management; chapter 43.41 RCW), see chapter 79.44 RCW; see also note following RCW 85.06.110. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 85.05.120 Appearance of defendants—Jury—Verdict—Decree. Any or all of said defendants may appear jointly or separately, and admit or deny the allegations of said petition, and plead any affirmative matter in defense thereof, at the time and place appointed for hearing said petition, or to which the same may have been adjourned. If the court or judge thereof shall have satisfactory proof that all of the defendants in said action have been duly served with said summons, as above provided, and shall be further satisfied by competent proof that said improvement is practicable, and conducive to the public health, welfare and convenience, and will increase the value of said lands for the purpose of public revenue, and that the contemplated use for which the land, real estate, premises or other property sought to be appropriated is really a public use, and that the land, real estate, premises or other property sought to be appropriated are required and necessary for the establishment of said improvement, the court or judge thereof shall cause a jury of twelve qualified persons to be impaneled to assess the damages and benefits as herein provided, if in attendance upon his court; and if not, he may, if satisfied that the public interests require the immediate construction of said improvement, direct the sheriff of his county to summon from the citizens of the county in which said petition is filed as many qualified persons as may be necessary in order to form a jury of twelve persons, unless the parties to the proceedings consent to a less number, such number to be not less than three, and such consent shall be entered by the clerk in the minutes of the trial. If necessary to complete the jury in any case, the sheriff, under direction of the court or judge thereof, shall summon as many qualified persons as may be required to complete the jury from the citizens of the county in which the petition is filed. In case a special jury is summoned, the cost thereof shall be taxed as part of the costs in the proceeding, and paid by the district seeking to appropriate said land, the same as other costs in the case; and no person shall be competent as a juror who is a resident of, or landowner in, the district seeking to appropriate said land. The jurors at such trial shall make in each case a separate assessment of damages which shall result to any person, corporation or company, or to the state, by reason of the appropriation and use of such land, real estate, premises or other property for said improvement, and shall ascertain, determine and award the amount of damages to be paid to said owner or owners, respectively, and to all tenants, incumbrancers and others interested, for the taking or injuriously affecting such land, real estate, premises or other property for the establishment of said improvement; and shall further find the maximum amount of benefits, per acre, to be derived by each of the landowners from the construction of said improvement. And upon a return of the verdict into 85.05.120 (2008 Ed.) Diking Districts court, the same shall be recorded as in other cases; whereupon a decree shall be entered in accordance with the verdict so rendered, setting forth all the facts found by the jury, and decreeing that said right-of-way be appropriated, and directing the commissioners of said diking district to draw their warrant on the county treasurer for the amount awarded by the jury to each person, for damages sustained by reason of the establishment of said improvement, payable out of the funds of said diking district. [1895 c 117 § 12; RRS § 4261. Formerly RCW 85.04.065, part.] 85.05.130 Assessment of benefited lands formerly omitted—Procedure—Appeals. If at any time it shall appear to the board of diking commissioners that any lands within or without said district as originally established are being benefited by the diking system of said district and that said lands are not being assessed for the benefits received, or that any lands within said district are being assessed out of or not in proportion to the benefits which said lands are receiving from the maintenance of the diking system of said district, and said board of diking commissioners shall determine that certain lands, either within or without the boundaries of the district as originally established, should be assessed for the purpose of raising funds for the future maintenance of the diking system of the district, or that the assessments on land already assessed should be equalized by diminishing or increasing the same so that said lands shall be assessed in proportion to the benefits received, said commissioners shall file a petition in the superior court in the original cause, setting forth the facts, describing the lands not previously assessed and the lands the assessments on which should be equalized, stating the estimated amount of benefits per acre being received by each tract of land respectively, giving the name of the owner or reputed owner of each such tract of land, and praying that such original cause be opened for further proceedings for the purpose of subjecting new lands to assessment or equalizing the assessments upon lands already assessed, or both. Upon the filing of such petition, summons shall issue thereon and be served on the owners of all lands affected, in the same manner as summons is issued and served in original proceedings, as near as may be, and if such new lands lie within the boundaries of any other diking district, said summons shall also be served upon the commissioners of such other diking district. In case any of the new lands sought to be assessed in said proceeding lie within the boundaries of any other diking district, and the diking commissioners of such other district believe that the maintenance of the dike or dikes of such other district is benefiting lands within the district instituting the proceedings, said diking commissioners of such other districts shall intervene in such proceedings by petition, setting forth the facts, describing the lands in the district instituting the proceeding which they believe are being benefited by the maintenance of the diking system of their district, and praying that the benefits to such lands may be determined and such lands subjected to assessment for the further maintenance of the diking system of their district, to the end that all questions of benefits to lands in the respective districts may be settled and determined in one proceeding, and such petitioners in intervention shall cause summons to be issued upon 85.05.130 (2008 Ed.) 85.05.130 such petition in intervention and served upon the commissioners of the diking district instituting the proceeding and upon the owners of all lands sought to be affected by such petition in intervention. In case the owner of any such new lands sought to be assessed in said proceedings shall be maintaining a private dike against salt or fresh water for the benefit of said lands, and shall believe that the maintenance of such private dike is benefiting any lands within or without the district instituting the proceedings, or in case any such new lands sought to be assessed are included within the boundaries of some other diking district and are being assessed for the maintenance of the dikes of such other district, and the owner of such lands believes that the maintenance of the dike or dikes of such other district is benefiting lands included within the district instituting said proceedings, such owner or owners may by answer and cross-petition set forth the facts and pray that at the hearing upon said petition and cross-petition the benefits accruing from the maintenance of the respective dikes may be considered, to the end that a fair and equitable adjustment of the benefits being received by any lands from the maintenance of the various dikes benefiting the same, may be determined for the purpose of fixing the assessments for the future maintenance of such dikes, and may interplead in said proceeding such other diking district in which his lands sought to be assessed in said proceeding are being assessed for the maintenance of the dike or dikes of such other district. No answer to any petition or petition in intervention shall be required, unless the party served with summons desires to offset benefits or to ask other affirmative relief, and no default judgment shall be taken for failure to answer any petition or petition in intervention, but the petitioners or petitioners in intervention shall be required to establish the facts alleged by competent evidence. Upon the issues being made up, or upon the lapse of time within which the parties served are required to appear by any summons, the court shall impanel a jury to hear and determine the matters in issue, and the jury shall determine and assess the benefits, if any, which the respective tracts of land are receiving or will receive from the maintenance of the dike or dikes to be maintained, taking into consideration any and all matters relating to the benefits, if any, received or to be received from any dike, structure, or improvement, and to credit, or charge, as the case may be, to each tract so situated as to affect any other tract or tracts, or having improvements or structures thereon or easements granted in connection therewith affecting any other tract or tracts included in such proceedings and shall specify in their verdict the respective amount of benefits per acre, if any, assessed to each particular tract of land, by legal subdivisions. Upon the return of the verdict of the jury, the court shall enter its judgment in accordance therewith, as supplemental to the original decree, or in case a petition in intervention be filed by the diking commissioners of some other district than that instituting the proceeding, such judgment to be supplemental to all such original decrees, and thereafter, all assessments and levies for the future maintenance of any dike or dikes described in said judgment shall be based upon the respective benefits determined and assessed against the respective tracts of land as specified in said judgment. Every person or corporation feeling himself or itself aggrieved by any such judgment may [Title 85 RCW—page 7] 85.05.135 Title 85 RCW: Diking and Drainage appeal to the supreme court or the court of appeals within thirty days after the entry thereof, and such appeal shall bring before the supreme court or the court of appeals the propriety and justness of the verdicts of the jury in respect to the parties to the appeal. No bonds shall be allowed on such appeals. Nothing in this section contained shall be construed as affecting the right of diking districts to consolidation in any manner provided by law. [1971 c 81 § 157; 1913 c 89 § 1; 1901 c 111 § 1; 1895 c 117 § 13; RRS § 4262.] Rules of court: Cf. RAP 5.2, 8.1, 18.22. Reviser’s note: This section was declared unconstitutional in Malim v. Benthien, 114 Wash. 533 (1921). Prior enactments are set forth below: 1901 c 111 § 1. "If the board of diking commissioners shall, at any time, discover that any lands within said district are being benefited by the diking system and the same were by mistake, inadvertence or other cause omitted from the assessment of benefits as provided for in *the last preceding section, or which were omitted for the reason that they were not at the time of assessing the benefits as provided for in said preceding section, for any cause, subject to a legal assessment, said commissioners shall file a petition in the Superior Court in the original cause setting forth the fact of such benefits, describing the lands omitted, the reason the same were omitted in said original proceedings and giving the name of the owners or reputed owners thereof and praying that said original cause, as to such lands, be opened up for further proceedings for the assessment of the alleged benefits, and upon the filing of said petition summons shall issue thereon and be served on the defendants named in said petition the same as summons is served and issued in original proceedings, as near as may be, except the court may, to avoid costs, and in its discretion, call a jury of not less than three jurors, and the jury, in assessing the benefits, shall take into consideration the length of time said lands are to receive the benefits from said improvement and its future maintenance, estimating said time from the date when said lands first became legally assessable, which date must be found by the jury in their verdict as to each tract or parcel found to be benefited: AND PROVIDED FURTHER, That in case the expense and costs of the improvement have been paid for by assessments levied against the lands assessed in the original proceeding before the lands provided for in this section are assessed, as provided for herein, then, in such case, the assessments levied from time to time on said last mentioned land shall be paid into the maintenance fund of said district. Every person or corporation feeling himself or itself aggrieved by any judgment for damages or any assessment of benefits provided in this act, may appeal to the Supreme Court of the state within thirty days after the entry of the judgment, and such appeal shall bring before the Supreme Court the propriety and justness of the amount of damage or assessment of benefit in respect to the parties to the appeal. Upon such appeal no bond shall be required and no stay shall be allowed." *Reviser’s note: "the last preceding section" refers to 1895 c 117 § 12 codified as RCW 85.05.120. 1895 c 117 § 13. "Every person or corporation feeling himself or itself aggrieved by the judgment for damages, or the assessment of benefits, may appeal to the supreme court of this state, within thirty days after the entry of the judgment, and such appeal shall bring before the supreme court the propriety and justness of the amount of damage or assessment of benefit in respect to the parties to the appeal. Upon such appeal no bond shall be required and no stay shall be allowed." 85.05.135 Special assessments—Budgets—Alternative methods. RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which diking districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which diking districts created after July 28,1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 24.] 85.05.135 Severability—1985 c 396: See RCW 85.38.900. 85.05.140 Proceedings may be dismissed when. In case the damages or amount of compensation for such right85.05.140 [Title 85 RCW—page 8] of-way, together with the estimated cost of the improvement, amount to more than the maximum amount of benefits which will be derived from said improvement, or if said improvement is not practicable, or will not be conducive to the public health, welfare and convenience, or will not increase the public revenue, the court shall dismiss such proceedings, and in such case a judgment shall be rendered for the costs of said proceedings against said district, and no further proceedings shall be had or done therein; and upon the payment of the costs, said organization shall be dissolved by decree of said court. [1895 c 117 § 14; RRS § 4263. Formerly RCW 85.04.070, part.] 85.05.150 85.05.150 Procedure to claim awards. Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this act, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he is entitled to the same, the court shall make an order directing the payment to such claimant of the portion of such money as he or it may be found entitled to; but if, upon application, the court or judge thereof shall decide that the title to the land, real estate or premises specified in the application of such claimant is in such condition as to require that an action be commenced to determine the title of claimants thereto, it shall refuse such order until such action is commenced and the conflicting claims to such land, real estate or premises be determined according to law. [1895 c 117 § 15; RRS § 4264. Formerly RCW 85.04.210, part.] 85.05.160 85.05.160 Transcript of benefits to auditor—Assessments—Collection. Upon the entry of the judgment upon the verdict of the jury, the clerk of said court shall immediately prepare a transcript, which shall contain a list of the names of all the persons and corporations benefited by said improvement and the amount of benefit derived by each, respectively, and shall duly certify the same, together with a list of the lands benefited by said improvement belonging to each person or corporation, and shall file the same with the auditor of the county, who shall immediately enter the same upon the tax rolls of his office, as provided by law for the entry of other taxes, against the land of each of the said persons named in said list, together with the amounts thereof, and the same shall be subject to the same interest and penalties in case of delinquency as in case of general taxes, and shall be collected in the same manner as other taxes and subject to the same right of redemption and the lands sold for the collection of said taxes shall be subject to the same right of redemption as in the sale of lands for general taxes: PROVIDED, That said assessment shall not become due and payable except at such time or times and in such amount as may be designated by the board of commissioners of said dike district, which designation shall be made to the county auditor by said board of commissioners of said diking district, by serving a written notice upon the county auditor designating the time and the amount of the assessment, said assessment to be in proportion to benefits, to become due and payable, which amount shall fall due at the time of the falling due of general taxes, and the amount so designated shall be added by the auditor to the general taxes of said person, persons or corporations, according to said notice, upon the assessment rolls (2008 Ed.) Diking Districts in his said office, and collected therewith: AND PROVIDED FURTHER, That no one call for assessments by said commissioners shall be in an amount to exceed twenty-five percent of the actual amount necessary to pay the costs of the proceedings, and the establishment of said district and system of dikes and the cost of construction of said work. [1895 c 117 § 16; RRS § 4265. Formerly RCW 85.04.080, part.] 85.05.170 85.05.170 Tax to pay cost on dismissal. In the event of the dismissal of said proceedings and the rendition of judgment against said district, as hereinbefore provided, said diking commissioners shall levy a tax upon all of the real estate within said district, taking as a basis the last equalized assessment of said real estate for state and county purposes, sufficient to pay said judgment, and the cost of levying said tax, and shall cause said tax roll to be filed in the office of the clerk of the superior court in which such judgment was rendered. If said tax is not paid within sixty days after the filing of said tax roll, the court shall, upon the application of any party interested, direct said real estate to be sold in payment of said tax, said sale to be made in the same manner and by the same officer, as is or may be provided by law for the sale of real estate for taxes for general purposes; and the same rate of redemption shall exist as in the sale of real estate for the payment of taxes for general purposes. [1895 c 117 § 17; RRS § 4266. Formerly RCW 85.04.075, part.] 85.05.180 85.05.180 Construction—Contractors—Performance bonds. After the filing of said certificate said commissioners of such diking district shall proceed at once in the construction of said improvements, and in carrying on said construction or any extension thereof they shall have full charge and management thereof, and shall have the power to employ such assistance as they may deem necessary, and purchase all material that may be necessary in the construction and carrying on of the work of said improvement, and shall have power to let the whole or any portion of said work to any responsible contractor, and shall in such case enter into all necessary agreements with such contractor that may be necessary in the premises: PROVIDED, That in case the whole or any portion of said improvement is let to any contractor, said commissioners shall require such contractor to give a bond in double the amount of the contract price of the whole or of such portion of said work covered by such contract, with two or more good and sufficient sureties to be approved by the board of commissioners of said diking district and running to said district as obligee therein, conditioned for the faithful and accurate performance of said contract by said contractor, his executors, administrators or assigns, according to the terms and conditions of said agreement, and shall cause said contractor to enter into a further and additional bond in the same amount, with two or more good and sufficient sureties to be approved by said board of commissioners of said diking district in the name of said district as obligee therein, conditioned that said contractor, his executors, administrators or assigns, or subcontractor, his executors, administrators or assigns, shall perform the whole or any portion of said work under contract of said original contractor; shall pay or cause to be paid all just claims of all persons performing labor or rendering services in the construction of (2008 Ed.) 85.05.190 said work, or furnishing materials, merchandise or provisions of any kind or character used by said contractor or subcontractor, or any employee thereof in the construction of said improvement: PROVIDED FURTHER, That no sureties on said last mentioned bond shall be liable thereon unless the persons or corporations performing said labor and furnishing said materials, goods, wares, merchandise and provisions, shall, within ninety days after the completion of such improvement, file their claim, duly verified, that the amount is just and due and remains unpaid, with the commissioners of said diking district. [1895 c 117 § 18; RRS § 4267. Formerly RCW 85.04.095, part.] 85.05.190 Substantial changes in plans—Procedure. The work on said improvement shall begin without delay, and shall be carried on with all expedition possible, and said board of commissioners of said diking district, or any contractor thereunder, shall have no power whatever to change the location of the dikes or the system of improvement or the manner of doing the work therein so as to make any radical changes in said improvement, without the written consent of all the landowners to be benefited thereby, and the landowners which may be damaged thereby. And in case any substantial changes in said system of improvement or the manner of the construction thereof shall be deemed necessary by said board of commissioners at any time during the progress thereof, and if the written consent to such changes cannot be procured from said landowners, then said commissioners, for and on behalf of said district, shall file a petition in the superior court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plans or manner of the construction of said improvement, and praying therein to be permitted to make such changes, and upon the filing thereof, the commissioners [clerk] shall cause a summons to be served, setting forth the prayer of said petition, under the seal of said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the landowners or others claiming any lien thereon or interest therein appearing of record in said district, and any or all of such parties so served may appear in said cause and submit their objections thereto, and after the time for the appearance of said parties has expired, the court shall proceed to hear said petition at once without further delay, and if it appears during the course of such proceedings that the property rights of any of said landowners will be affected by such proposed change in said improvement, then the court, after having passed upon all preliminary questions as in the original proceedings, shall cause a jury to be impaneled as in the case of the original proceedings for the establishment of said improvement, and upon the final hearing of said cause the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations the same as upon the original petition, by reason of such proposed change, and the amount of compensation to be paid to any persons or corporations therefor, and for any additional right-of-way that may be necessary to be appropriated by reason of said proposed change, and shall readjust the amount of benefits claimed to have been increased or diminished by any of said landowners by reason of such proposed change in said improvement, and the proceedings thereafter shall be the same as to rendering judg85.05.190 [Title 85 RCW—page 9] 85.05.200 Title 85 RCW: Diking and Drainage ment, appeal therefrom, payment of compensation and damages, and filing of the certificate with the auditor, as hereinbefore provided for in the proceedings under the original petition, and said commissioners shall have a right thereafter to proceed with the construction of said improvement according to the changes made therein. [1895 c 117 § 19; RRS § 4268. Formerly RCW 85.04.100, part.] 85.05.200 85.05.200 Payments on contracts—Retained percentage. During the construction of said improvement said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no allowance or payment shall be made for said work to any contractor or subcontractor to exceed seventy-five percent of the proportionate amount of the work completed by such contractor or subcontractor, and twenty-five percent of the contract price shall be reserved at all times by said board of commissioners until such work is wholly completed, and shall not be paid upon the completion of said work until ninety days have expired for the presentation of all claims for labor performed and materials, goods, wares, merchandise and provisions furnished or used in the construction of said improvement; and upon the completion of said work and the payment of all claims hereinbefore provided for, according to the terms and conditions of said contract, said commissioners shall accept said improvement and pay the contract price therefor. [1895 c 117 § 20; RRS § 4269. Formerly RCW 85.04.105, part.] 85.05.210 85.05.210 Private dikes, how connected—Additional plans—Costs. In case any diking district organized under the provisions of this act desires to connect its system of dikes with the system of dikes of any other district theretofore organized or constructed, said last mentioned diking district shall be made a party defendant in the proceedings in the superior court for the establishment of the improvement proposed to be constructed by such first mentioned diking district, and the petition to be filed in said court, in addition to the facts to be set forth therein as hereinbefore provided for, shall set forth the further fact that said district is desirous of connecting its said system of dikes with the system of such other diking district, and shall set forth an estimate of the additional cost per annum, if any, for the future maintenance of the diking system so sought to be connected with, and also an estimate of the cost of any additional improvement in said system so sought to be connected with, if any, by reason of such connection, and shall also set forth the amount of compensation which should be made by said diking district for the privilege of connecting with the said system of dikes; and in case it shall be deemed necessary to enlarge or strengthen the system of dikes to be connected with by reason of such connection, there shall be filed with said petition, in addition to the plans, specifications and data hereinbefore provided to be filed, plans and specifications and the estimated cost of the proposed improvement to be made in the system sought to be connected with by reason of such connection, and the proceedings thereon shall be the same as in other cases for the establishment of diking districts under the provisions of this act: PROVIDED, That the jury shall, in addition to the other findings provided for in other cases under the provisions of [Title 85 RCW—page 10] this act, find the amount of compensation to be paid said district with whose system connection is sought to be made, for any additional cost, if any, which may be thrown upon said district by reason of the increased cost of maintenance by reason of such connection, and shall estimate the amount of such increased cost of maintenance per annum, and also the amount of compensation to be made to said district for the privilege of joining on to its system of dikes; the compensation to be made for the increased cost of maintenance shall be paid per annum out of the revenue derived from the assessments to be levied as in other cases, and the compensation to be made as may be found by the jury to said district whose system is sought to be connected with for the privilege thereof, shall be paid such district as damages are paid in other cases under the provisions of this act; and all amounts so paid to said district sought to be connected with, as compensation for the cost of maintenance, shall be used as an additional fund for the maintenance of said diking system of such district, and the amount of compensation paid for the privilege of connecting with the system of such district shall also be added to the general fund of said district, to be used for the payment of the cost of maintenance of the system of such district sought to be connected with. [1895 c 117 § 21; RRS § 4270. Formerly RCW 85.04.435, part.] 85.05.220 85.05.220 Connecting with other diking systems. In case it shall be found necessary to enlarge or strengthen the system of dikes sought to be connected with, by reason of such connection, the jury shall determine the cost of such enlarging or strengthening, and said petitioner district shall have the right, by and through its representatives, assistants and employees, to make such improvement on the system of such other district as may have been found necessary upon the hearing of said petition, and the costs thereof shall be assessed against the landowners of said petitioner district to be benefited by the construction of said entire system, and no additional cost or burden, by reason of such improvement, shall be thrown upon the landowners of said district sought to be connected with. [1895 c 117 § 22; RRS § 4271. Formerly RCW 85.04.435, part and 85.04.440.] 85.05.230 85.05.230 Action by district to prevent washing away of stream banks. Where any diking system is sought to be constructed by any district organized under the provisions of this act along any river or watercourse to prevent overflow therefrom, and it shall become necessary to provide against the washing away of the banks of said river or watercourse so as to prevent injury to such proposed diking system, or any system which may have already been completed, such district, by and through its board of commissioners, may make such portions of lands lying along said dikes which are threatened to be washed away by said river or watercourse part of the right-of-way of said dike system, and may construct along the banks of said river or watercourse, as a part of said diking system, such protection as may be necessary to protect said dike, and in such cases such tract or parcel of land may be condemned and appropriated under the law of eminent domain as provided herein as a part of the right-of-way of such dike system; and when not condemned or appropriated at the time said system is established and constructed, said (2008 Ed.) Diking Districts diking district, by and through its board of commissioners, may, at any time thereafter, when any portion of said system is threatened to be washed away by such river or watercourse, file their petition with the court condemning and appropriating for the use of said district so much of the land lying along said river or watercourse as may be necessary to be used for the protection of said diking system, and the proceedings therein for the making of compensation therefor and the payment of damages by reason of such appropriation shall be the same, or as near as may be applicable, as other proceedings for the condemnation of right-of-way provided for in this act. [1895 c 117 § 23; RRS § 4272. Formerly RCW 85.04.420, part.] 85.05.365 cost of maintenance and repair against any tract or contiguous tracts owned by one person or corporation is less than two dollars, then the county auditor shall levy such a minimum amount of two dollars against such tract or contiguous tracts, and upon the collection thereof as herein provided shall pay all sums collected into the maintenance and/or repair fund of the district. In case of an emergency the commissioners may incur additional obligations and issue warrants therefor in excess of the estimate. [1959 c 209 § 10. Prior: (i) 1913 c 89 § 2; 1905 c 7 § 2; 1895 c 117 § 27; RRS § 4276. (ii) 1917 c 133 § 2; 1907 c 120 § 1; 1905 c 173 § 3; 1895 c 115 § 24; RRS § 4324. Formerly RCW 85.04.120.] 85.05.280 Organization of board—Warrants, how issued. The board of commissioners of such district shall elect one of their number chair and shall either elect one of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district’s proceedings. The board of commissioners may issue warrants of such district in payment of all claims of indebtedness against such district. Such warrants shall be in form and substance the same as county warrants and shall draw the legal rate of interest from the date of their presentation to the treasurer for payment, as hereinafter provided, and shall be signed by the chair and attested by the secretary of the board: PROVIDED, That no warrants shall be issued by the board of commissioners in payment of any indebtedness of such district for less than the face or par value. [1991 c 245 § 35; 1985 c 396 § 38; 1895 c 117 § 28; RRS § 4277. Formerly RCW 85.04.040, part and RCW 85.04.165, part.] 85.05.280 85.05.240 Action by district to prevent washing away of stream banks—Expenses for appropriation of land. Whenever any land is appropriated along the bank of any river or watercourse, as provided for in the last preceding section, the expenses of such appropriation, including the costs and damages to be paid therefor—when such appropriation is taken subsequently to the construction of any system of dikes under the provisions of this act—shall be added to the annual cost of the maintenance of said system and be paid as such, as provided herein. [1895 c 117 § 24; RRS § 4273. Formerly RCW 85.04.420, part.] 85.05.240 85.05.250 Dikes along public road. In the construction of any diking system under the provisions of this act, where it is desired to construct the same along the right-of-way of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: PROVIDED, That the dikes so constructed along such road shall not destroy or impair the same for the use of the public convenience as a public highway; and in case of the construction or improvement of any dike along any public highway, such dike shall be constructed of sufficient width and in such manner as will be conducive to the public as a public highway. [1895 c 117 § 25; RRS § 4274. Formerly RCW 85.04.425.] 85.05.250 85.05.260 Incorporated town may act as or be included in diking district. Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a diking district under the provisions of this act, or the whole or any portion of any such town or city may be included with other territory in a common district under the provisions for the establishment thereof as provided for herein. [1895 c 117 § 26; RRS § 4275. Formerly RCW 85.04.115, part.] 85.05.260 85.05.270 Estimate for maintenance and repair— Emergency expenditures. On or before the first day of November of each year the diking commissioners shall, and on or before the first Monday in October of each year the drainage commissioners shall, make and certify to the county auditor an estimate of the cost of maintenance and repair of the improvement for the ensuing year. The amount thereof shall be levied against the land in the district in proportion to the maximum benefits assessed, and shall be added to the general taxes and collected therewith. If such estimate of the 85.05.270 (2008 Ed.) Severability—1985 c 396: See RCW 85.38.900. 85.05.355 Special assessment bonds. Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [1986 c 278 § 23.] 85.05.355 Severability—1986 c 278: See note following RCW 36.01.010. 85.05.360 Warrants—When and how paid. All warrants issued under the provisions of this chapter shall be presented by the owners thereof to the county treasurer in accordance with chapter 36.29 RCW. [1991 c 245 § 36; 1986 c 278 § 29; 1895 c 117 § 36; RRS § 4286. Formerly RCW 85.04.170, part.] 85.05.360 Severability—1986 c 278: See note following RCW 36.01.010. 85.05.365 Certificates of delinquency—Foreclosure—Sale—Use of proceeds. Whenever any diking district assessments levied under this act shall remain unpaid for a period of four years from the date when such assessment becomes due and payable, the diking district, which levied said assessment or assessments is hereby empowered and authorized, through its board of commissioners, to make application to the county treasurer of the county in which said diking district is located, for a certificate of delinquency to be issued to it for said delinquent assessments and delinquent interest thereon. And the county treasurer shall issue to said diking district a certificate of delinquency in the same manner and form as to an individual: PROVIDED, HOWEVER, That it shall not be necessary or required for said diking district to pay to said county treasurer any part or portion of said 85.05.365 [Title 85 RCW—page 11] 85.05.366 Title 85 RCW: Diking and Drainage delinquent assessments or interest thereon, but payment of general taxes and interest due upon said general taxes, upon said diked lands will be sufficient payment by said diking district to entitle it to have said certificate of delinquency issued to it. Said diking district shall be empowered to foreclose said certificate or certificates and take title in said district the same as delinquent tax certificates are foreclosed by individuals. After acquiring title to any such lands through such foreclosure proceedings, the diking district, through its commissioners, may offer for sale and sell all, or any part, of such lands, in the same manner as counties are authorized to offer for sale and sell lands acquired by counties through delinquent tax foreclosure sales; and to issue a deed of conveyance therefor to the purchaser, executed by the commissioners of the diking district in behalf of the district, and attested by the clerk of the district. All revenue derived by the diking district from the sale of any such lands shall be first used for the redemption of any bonds and interest outstanding against said diking district which is due and payable, and the remainder thereof, if any, shall be applied to the payment of maintenance warrants, or other indebtedness, of the district, which is due and owing, in the priority deemed best by the board of diking commissioners. [1931 c 55 § 1; 1929 c 111 § 1; RRS § 4286-1. Formerly RCW 85.04.510, part.] 85.05.366 Funds to purchase delinquent certificates. For the purpose of raising funds to purchase certificates of delinquency each diking district is authorized to levy an annual assessment upon the acreage contained within the diking district at the same time and in the same manner as other assessments of the district are levied; and for the purpose of raising funds to purchase certificates of delinquency upon delinquent diking district assessments during the year 1929, each diking district is authorized to issue emergency warrants, the payment and redemption of which shall be provided for at regular annual meeting in the year 1929; and thereafter all amounts raised for the purchase of delinquent diking assessment certificates shall be provided for at the regular annual meeting set for such purpose. [1929 c 111 § 2; RRS § 4286-2. Formerly RCW 85.04.515.] 85.05.366 85.05.367 Lands owned by district exempt from taxation. Any and all lands purchased and acquired by the diking district through foreclosure of delinquent assessment certificates shall, so long as owned by, or until sold by, such diking district, be exempt from general state and county taxes. [1929 c 111 § 3; RRS § 4286-3. Formerly RCW 85.04.510, part.] 85.05.367 85.05.370 Trial—Findings and forms of verdict. Upon the trial of any questions of issue by a jury under the provisions of this act, the trial court may, in its discretion, submit all questions to be found by the jury in the form of separate findings, or may submit to such jury separate forms of verdict on all such questions to be found by the jury therein. [1895 c 117 § 37; RRS § 4287. Formerly RCW 85.04.205, part.] 85.05.370 85.05.380 Public lands subject to assessment—Rights and liabilities of public corporations. All state, county, 85.05.380 [Title 85 RCW—page 12] school district or other lands belonging to other public corporations requiring to be diked as a protection from overflow shall be subjected to the provisions of this act, and such corporations, by and through the proper authorities, shall be made parties in all proceedings therein affecting said lands and shall have the same rights and liable to the same right of eminent domain as private persons, and their lands shall be subject to the right of eminent domain the same as the lands of private persons or corporations. [1895 c 117 § 38; RRS § 4288. Formerly RCW 85.04.110, part.] 85.05.390 85.05.390 Assessments on public lands—How paid. In case lands belonging to the state, county, school district or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against such lands, and the same shall be paid by the proper authorities of such public corporations at the times and in the same manner as assessments are called and paid in case of private persons out of any general fund of such corporation; and also all costs of repair and maintenance of such diking system shall be levied against and apportioned to such lands of such public corporations, whether owned at the time of the original improvement or subsequently acquired either by deed through delinquent tax foreclosure or otherwise, in the same manner as such costs of repair and maintenance are levied against and apportioned to lands belonging to private persons, and the same shall also be paid out of any general fund of such corporation. [1927 c 277 § 1; 1895 c 117 § 39; RRS § 4289. Formerly RCW 85.04.110, part.] 85.05.400 85.05.400 Fees for service of process. Fees for service of all process necessary to be served under the provisions of this act shall be the same as for like services in other civil cases, or as is or may be provided by law. [1895 c 117 § 40; RRS § 4290. Formerly RCW 85.04.200, part.] 85.05.410 85.05.410 Commissioners—Compensation and expenses. Members of the board of diking commissioners of any diking district in this state may receive as compensation the sum of up to ninety dollars for actual attendance at official meetings of the district and for each day or part thereof, or in performance of other official services or duties on behalf of the district and shall receive the same compensation as other labor of a like character for all other necessary work or services performed in connection with their duties: PROVIDED, That such compensation shall not exceed eight thousand six hundred forty dollars in one calendar year, except when the commissioners declare an emergency. Allowance of such compensation shall be established and approved at regular meetings of the board, and when a copy of the extracts of minutes of the board meeting relative thereto showing such approval is certified by the secretary of such board and filed with the county auditor, the allowance made shall be paid as are other claims against the district. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner’s place of residence, and mileage for (2008 Ed.) Diking Districts use of a privately owned vehicle in accordance with chapter 42.24 RCW. Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 8; 1998 c 121 § 8; 1991 c 349 § 20; 1985 c 396 § 39; 1974 ex.s. c 39 § 1; 1951 c 30 § 1; 1909 c 171 § 1; 1895 c 117 § 41; RRS § 4291. Formerly RCW 85.04.400.] Severability—1985 c 396: See RCW 85.38.900. 85.05.420 Powers of court—Injunctions. The court may compel the performance of the duties imposed by this act and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose. [1895 c 117 § 42; RRS § 4292.] 85.05.420 85.05.430 Sale of unneeded property—Authorized. Whenever, in the judgment of a board of commissioners of any diking district heretofore or hereafter organized, real or personal property, or any part thereof, owned by said district, is no longer of use to or needed by such district, or if personal property has become obsolete, the same may be sold by the board of commissioners of said district at public or private sale. [1955 c 342 § 2. Formerly RCW 85.04.550.] 85.05.470 the board of commissioners of such district shall pass a resolution declaring its intention to make such sale, describing the property to be sold and stating the terms of such sale. The resolution shall set a date upon which the board shall meet, to determine whether or not such sale shall be made. Thereafter a copy of such declaratory resolution and a notice of hearing thereon shall be posted under the direction of the board, in three public places in such district at least ten days before the date of hearing. The notice shall state the time and place of hearing, describe the property to be sold and the terms of the proposed sale. In addition a copy of such resolution and of such notice of hearing thereon shall be published twice, at least two weeks prior to such proposed sale in some newspaper qualified for legal publication in accordance with the provisions of chapter 65.16 RCW, of general publication in the county in which such diking district is located. [1955 c 342 § 3. Formerly RCW 85.04.551.] 85.05.450 Sale of unneeded property—Protests— Resolution of final action—Conveyance. At the time set for hearing, or at any time to which said hearing may be adjourned, any district elector within such district may appear and file a written protest against the proposed action of the board, which protest shall state clearly the basis thereof. At such hearing, which shall be public, the board shall give full consideration to the proposed sale and all protests filed, either written or oral and on said date or at any adjourned date, take final action thereon by resolution of the board. This resolution shall provide that upon payment of the purchase price involved, conveyance of the property shall be made by a majority of the board of said district, by deed if the property be real property; by bill of sale if the property be personal property, conveying the property sold to the purchaser thereof, and such conveyance shall pass to the purchaser such title as the district has to the property. [1955 c 342 § 4. Formerly RCW 85.04.552.] 85.05.450 85.05.460 Sale of unneeded property—Conveyance delayed if protests filed—Appeal. If protests be filed against such sale, such conveyance shall not be executed or delivered until more than ten days elapse from the date of the hearing at which the resolution directing the sale, was passed. If appeal be taken by a protestant from the action of the board, such conveyance shall not be executed until termination of proceedings on appeal is had, and then only if the result of such appeal does not prevent such sale. [1955 c 342 § 5. Formerly RCW 85.04.553.] 85.05.460 85.05.430 85.05.440 Sale of unneeded property—Resolution of intention—Notice of hearing—Publication and posting. Whenever in the judgment of the commissioners of any diking district, it is advisable so to sell real or personal property, 85.05.440 (2008 Ed.) 85.05.470 Sale of unneeded property—Direct action in superior court by protestant on final order. Any protestant who filed a protest prior to the final order of the board, may appeal from such final order, but to do so must within ten days from the date said order was entered, bring direct action in the superior court in the county wherein such district or portion thereof is situated, against such board of commissioners in their official capacity, which action shall be prosecuted under the procedure of civil actions, with appellate review as provided in civil actions. In any such action so brought, the order of the board shall be conclusive of the regularity and propriety of the proceedings, and all other mat85.05.470 [Title 85 RCW—page 13] 85.05.490 Title 85 RCW: Diking and Drainage ters, except it shall be open to attack upon the ground of fraud, unfair dealing, arbitrary or unreasonable action of the board. [1988 c 202 § 73; 1971 c 81 § 158; 1955 c 342 § 6. Formerly RCW 85.04.554.] Severability—1988 c 202: See note following RCW 2.24.050. 85.05.490 Levy for preliminary expenses. Whenever the board of county commissioners have passed a resolution establishing a diking district and prior to the commencement or the completion of the work of such improvement, the county commissioners may, and at the request of the diking commission shall, at the time of levying taxes each year until the improvement has been completed and a statement of the total costs has been filed, levy an assessment against the property within the district to defray the preliminary expenses of the district; the levy to be based upon the estimated benefits as shown by the report of the county engineer on file with the auditor, if such report is on file, and if not, as shown by the certificate or resolution of the diking commissioners of said diking district. The assessment so made shall be credited to the respective pieces of property. The preliminary assessment herein provided for shall be levied and collected in the same manner as county and state taxes are levied and collected, which amount shall be credited to the construction fund and used for the redemption of warrants issued against the same, which warrants shall be called and paid in numerical order. [1933 c 39 § 1; RRS § 4247-1. Formerly RCW 85.04.405, part.] 85.05.490 85.05.500 Levy for preliminary expenses—Preliminary expenses defined. Preliminary expenses shall mean all of the expenses incurred in the proceedings for the organization of said district and in other ways to be incurred prior to the beginning of actual construction of the improvement and shall be paid from the fund hereby created from time to time upon call of the treasurer. [1933 c 39 § 2; RRS § 4247-2. Formerly RCW 85.04.405, part.] 85.05.500 85.05.540 Plat of reclaimed land—Benefits to be determined and paid. Where tide or other unsurveyed lands are reclaimed by a diking district and the owner of said lands shall desire to plat the same into lots, tracts or subdivisions, such plat shall specify and acknowledge the total benefits then a charge against each lot, tract or subdivision in said plat. Before a plat shall be approved or filed, same shall be submitted to the board of dike commissioners for their consideration. In case the owner and such board cannot agree as to the adjudged maximum benefits to be charged as the lien of the district and acknowledged to be such against each lot, tract or subdivision in such plat, any interested party may cause an action to be brought in the superior court of the county to have the just amount determined, and the decree of the court in such cause shall fix the amount of such lien and the same shall be conclusive and binding. In fixing the amount to be charged against the several lots, tracts and subdivisions, the adjudged benefits per acre, allowing credits for the benefits levied and paid at said time, shall be taken as the basis for determining the sum to be charged. The amount of adjudged benefits against property dedicated to the public for roads and highways in such plat shall be charged back against 85.05.540 [Title 85 RCW—page 14] the abutting subdivisions and tracts in a just and equitable manner. All diking district assessments levied against the lands included in the plat shall be paid in full at the time said plat is approved. When approved such plat shall be filed with the county auditor of the county. Thereafter the lands within said plat shall be conveyed, assessed and taxed with reference to said plat. [1925 ex.s. c 69 § 4; RRS § 4292-4. Formerly RCW 85.04.505.] 85.05.550 Plat of reclaimed land—Construction, application of RCW 85.05.510 through 85.05.550. Nothing in RCW 85.05.510 through 85.05.550 shall be construed as repealing or modifying any act or statute now in force pertaining to diking districts, but the rights and remedies hereby granted shall be deemed cumulative as to the districts to which RCW 85.05.510 through 85.05.550 is limited. RCW 85.05.510 through 85.05.550 shall apply to districts heretofore or hereafter organized and to property owners’ petitions heretofore or hereafter filed; provided that the decision of the board of dike commissioners of a district to which RCW 85.05.510 through 85.05.550 applies to issue bonds of a district under existing law or under RCW 85.05.510 through 85.05.550, shall be conclusive of such election. [1925 ex.s. c 69 § 5; RRS § 4292-5. Formerly RCW 85.04.490, part.] 85.05.550 85.05.605 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. Diking districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW. [1986 c 278 § 11.] 85.05.605 Severability—1986 c 278: See note following RCW 36.01.010. 85.05.610 Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress. Notwithstanding the provisions of *RCW 85.05.020, any diking or drainage district or diking and drainage district organized pursuant to chapter 85.05 RCW as now or hereafter amended, may annex and assume, or such district may be organized for the purpose of assuming, and may take over, maintain, operate and extend any diking and drainage systems which have been heretofore erected and operated or may be hereafter erected and operated by the government of the United States of America or any political subdivision or agency thereof, whenever the congress of the United States by permissive legislation authorizes the transfer of maintenance and operations functions to state and local nonfederal agencies. [1967 c 184 § 19.] 85.05.610 *Reviser’s note: RCW 85.05.020 was repealed by 1985 c 396 § 87. For special district creation and operation see chapter 85.38 RCW. Severability—1967 c 184: "If any provision of this 1967 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1967 c 184 § 25.] 85.05.620 Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Indian trust lands and restricted lands may be included, when. Any district organized pursuant to RCW 85.05.610 or pursuant to any other provisions of chapter 85.05 RCW as now or hereaf85.05.620 (2008 Ed.) Drainage Districts and Miscellaneous Drainage Provisions ter amended may include any Indian trust lands and restricted lands whenever the congress of the United States (1) authorizes the inclusion of such lands in such district and (2) provides authority for such district to assess and to tax such lands for necessary expenses in the maintenance, operations and capital improvements on such diking and drainage system. [1967 c 184 § 20.] Chapter 85.06 and the acts and resolutions of all diking and drainage districts heretofore organized following acts of congress permitting the taking over and operation and maintenance of existing diking and drainage systems by the state and local nonfederal governmental agencies, are ratified and confirmed. [1967 c 184 § 23.] Chapter 85.06 RCW DRAINAGE DISTRICTS AND MISCELLANEOUS DRAINAGE PROVISIONS Chapter 85.06 85.05.630 Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Vesting of right, title and interest to dikes and land. Whenever the congress of the United States provides for the transfer of all right, title and interest to any dikes and to the lands upon which they are situated to any state or local nonfederal agency, the title to such land and to the dikes shall pass to the county wherein the dikes are situated for the use and benefit of any district which may be organized pursuant to RCW 85.05.610 or pursuant to any other provisions of chapter 85.05 RCW as now or hereafter amended, until completion of organization of such district. In any case in which a district has been organized, all right, title and interest to such lands and dikes shall vest immediately in the diking and drainage district. [1967 c 184 § 21.] 85.05.630 85.05.640 Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Definitions. For purposes of RCW 85.05.610 through 85.05.650: (1) The word "owner" as it appears in chapter 85.05 RCW shall include the owner of any undivided interest in any tract of land within the district boundaries, whether Indian trust land or restricted land, or non-Indian land; (2) The "acreage" owned by any owner in any undivided estate interest shall be computed by multiplying the owner’s fractional undivided interest against the total acreage embraced within a particular tract or lot assessed; and (3) The names of the owners of Indian lands, the size of Indian tracts and lots, the fractional undivided interest therein and the "acreage" of each owner as determined according to the provisions of subsection (2) of this section shall, in any proceeding to organize and operate a district under the provisions of RCW 85.05.610 or pursuant to any other provision of chapter 85.05 RCW as now or hereafter amended, be conclusively determined by the certificate of the superintendent of the Indian agency of the Bureau of Indian Affairs having supervision over the Indian reservation in which such Indian lands may be located or by the certificate of the area director over the Bureau of Indian Affairs area encompassing such lands; and such certificate shall be accepted in lieu of all other evidence in the records of the county in which such lands are situated. [1967 c 184 § 22.] 85.05.640 85.05.650 Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Ratification and confirmation of prior acts. The acts and resolutions of all boards of county commissioners heretofore authorizing the organization and operation of any diking and drainage districts, following any provisions of chapter 85.05 RCW, 85.05.650 (2008 Ed.) Sections PART I—DRAINAGE DISTRICTS 85.06.010 85.06.015 85.06.070 85.06.080 85.06.090 85.06.100 85.06.110 85.06.120 85.06.125 85.06.130 85.06.140 85.06.150 85.06.160 85.06.180 85.06.190 85.06.200 85.06.210 85.06.220 85.06.230 85.06.240 85.06.250 85.06.255 85.06.330 85.06.340 85.06.350 85.06.360 85.06.370 85.06.380 85.06.390 85.06.400 Districts authorized—Powers—Management. Certain powers and rights governed by chapter 85.38 RCW. Eminent domain powers—Purchase of real property authorized. Commissioners—Powers and duties. Petition for improvement—Contents. Petition for improvement—Employment of assistants—Compensation as costs in suit. Summons—Contents—Service. Appearance of defendants—Jury—Verdict—Assessment of damages and benefits—Decree. Special assessments—Budgets—Alternative methods. Assessment of benefited lands formerly omitted—Procedure—Appeals. Dismissal of proceedings, when—Costs. Procedure to claim awards. Transcript of benefits to auditor—Assessments—Collection— Supplemental assessment. Construction—Contractors—Performance bonds. Substantial changes in plans—Procedure. Payments on contracts—Retained percentage. Connecting private drains—Procedure—Costs. Connecting with lower districts—Procedure. City or town may act as or be included in drainage district. Estimate for maintenance and repair—Emergency expenditures. Organization of board—Warrants, how issued. Special assessment bonds. Warrants presented for indorsement—When and how paid. Trial—Findings and forms of verdict. Public lands subject to assessment—Rights and liabilities of public corporations. Assessments on public lands—How paid. Fees for service of process. Commissioners—Compensation and expenses. Improvement of watercourses—Preservation of vested rights. Powers of court—Injunctions. PART II—MISCELLANEOUS DRAINAGE PROVISIONS 85.06.500 85.06.545 85.06.550 85.06.560 85.06.570 85.06.580 85.06.590 85.06.600 85.06.610 85.06.620 85.06.630 85.06.640 85.06.650 Extension or enlargement of system. Annexation of territory—Consolidation of special districts— Suspension of operations—Reactivation. Payment of preliminary expense where proceedings are dropped. Payment of preliminary expense where proceedings are dropped—Notice to present claims—Registration. Payment of preliminary expense where proceedings are dropped—Petition to court for assessment—Contents. Payment of preliminary expense where proceedings are dropped—Hearing to be fixed—Order for publication of notice. Payment of preliminary expense where proceedings are dropped—Notice—Contents, publication, etc. Payment of preliminary expense where proceedings are dropped—Hearing—Order for levy—Costs. Payment of preliminary expense where proceedings are dropped—Certification of order to tax levying officers. Payment of preliminary expense where proceedings are dropped—Dismissal of petition. Payment of preliminary expense where proceedings are dropped—Appellate review. Additional improvements—Authorized—Change in plans. Additional improvements—Methods of payment. [Title 85 RCW—page 15] 85.06.010 85.06.660 85.06.670 85.06.680 85.06.690 85.06.700 85.06.710 85.06.720 85.06.730 85.06.740 85.06.750 Title 85 RCW: Diking and Drainage Additional improvements—Resolution—Notice and hearing—Protests—Appellate review, conclusiveness of order of board. Additional improvements—Acquisition, sale of property— Contracts to share expense. Additional improvements—Private property not to be taken without compensation. Additional improvements—Right of eminent domain. Additional improvements—Powers are additional—"Drainage district" defined. Costs in excess of estimate—Authorized—Warrants validated. Costs in excess of estimate—Petition to reopen original proceedings—Damages and benefits. Costs in excess of estimate—Summons on petition—Contents—Service—Answer. Costs in excess of estimate—Hearing by jury—Verdict. Costs in excess of estimate—Judgment—Appellate review. Reviser’s note: Part I of this chapter consists of chapter 115, Laws of 1895 as it has been amended and added to; thus the term "this act" has been translated to read "this chapter" throughout Part I. In Part II a number of miscellaneous acts relating to drainage districts have been codified; throughout Part II interval translations of the term "this act" have been made where they occur. Special district creation and operation: Chapter 85.38 RCW. PART I—DRAINAGE DISTRICTS 85.06.010 Districts authorized—Powers—Management. Any portion of a county, requiring drainage, which contains five or more inhabitants and freeholders therein may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power herein conferred or that may hereafter be conferred by law upon such district and board of commissioners, and said district shall be known and designated as drainage district No. . . . . (here insert number), of the county of . . . . . . (here insert the name of the county), of the state of Washington, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession, and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such drainage district, have the power, and it shall be their duty, to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as hereinafter provided, or that may hereafter be provided by law. [1895 c 115 § 1; RRS § 4298. Formerly RCW 85.04.005, part.] 85.06.010 85.06.015 Certain powers and rights governed by chapter 85.38 RCW. Drainage districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 32.] 85.06.015 Severability—1985 c 396: See RCW 85.38.900. 85.06.070 Eminent domain powers—Purchase of real property authorized. All drainage districts organized or that may hereafter be organized under the provisions of this chapter or the acts amendatory thereof shall have the right of eminent domain, with the power by and through its board of commissioners, to cause to be condemned and appropriated private property for the use of said corporation 85.06.070 [Title 85 RCW—page 16] in the construction and maintenance of a system or systems of drainage, and make just compensation therefor, and such right of eminent domain may be exercised either within or without the boundaries of such districts, and may be exercised with respect to rights-of-way for ditches, drains, dams, outlets or any other necessary appliances or structures and whether for the original system or any additions, enlargements or extensions thereof or for additional outlets or systems of drainage: PROVIDED, That the property of private corporations may be subjected to the same rights of eminent domain as that of private individuals: PROVIDED, FURTHER, That the said board of commissioners shall have the power to acquire by purchase all the real property necessary to make the improvements herein provided for. [1919 c 179 § 2; 1895 c 115 § 7; RRS § 4305. Formerly RCW 85.04.605, part.] 85.06.080 85.06.080 Commissioners—Powers and duties. The board of drainage commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board shall have exclusive charge of the construction and maintenance of all drainage systems which may be constructed by said district and shall be the executive officers thereof, with full power to bind said district by their acts in the performance of their duties as provided by law. [1985 c 396 § 41; 1913 c 86 § 3; 1895 c 115 § 8; RRS § 4306. Formerly RCW 85.04.045, part.] Severability—1985 c 396: See RCW 85.38.900. 85.06.090 85.06.090 Petition for improvement—Contents. Whenever it is desired to prosecute the construction of a system of drainage by said drainage district, said district, by and through its board of commissioners, shall file a petition in the superior court of the county in which said district is located, setting forth therein the route and termini of said system, with a complete description thereof, together with specifications for its construction, with all necessary plats and plans thereof, with draughts of any artificial appliances or equipment necessary in aid thereof, together with the estimated cost of such proposed improvement, showing therein the names of the landowners whose lands are to be benefited by such proposed improvement; the number of acres owned by each landowner, and the maximum amount of benefits per acre to be derived by each landowner set forth therein from the construction of said proposed improvement, and that the same will be conducive to the public health, convenience and welfare, and increase the value of all of said property for purposes of public revenue. Said petition shall further set forth the names of the landowners through whose land the right-of-way is desired for said improvement; the amount of land necessary to be taken therefor, and an estimate of the value of said lands so sought to be taken for such right-of-way, and the damages sustained by any person or corporation interested therein, if any, by reason of such appropriation, irrespective of any benefits to be derived by such landowners by reason of the construction of said improvement. Such estimate shall be made, respectively, to each person through whose land said right-ofway is sought to be appropriated. Said petition shall set forth as defendants therein all the persons or corporations to be (2008 Ed.) Drainage Districts and Miscellaneous Drainage Provisions benefited by said improvement, and all persons or corporations through whose land the right-of-way is sought to be appropriated, and all persons or corporations having any interest therein, as mortgagee or otherwise, appearing of record, and shall set forth that said proposed system of drainage is necessary to drain all of said lands described in said petition, and that all lands sought to be appropriated for said right-of-way are necessary to be used as a right-of-way in the construction and maintenance of said improvement; and when the proposed improvement will protect or benefit the whole or any part of any public or corporate road or railroad, so that the traveled track or roadbed thereof will be improved by its construction, such fact shall be set forth in said petition, and such public or private corporations owning said road or railroad shall be made parties defendant therein, and the maximum amount of benefits to be derived from said proposed improvement shall be estimated in said petition against said road or railroad: PROVIDED, HOWEVER, That all maps, plats, field notes, surveys, plans, specifications, or other data heretofore made, ascertained or prepared under laws heretofore enacted on the subject of this chapter, may be used under the provisions of this chapter. [1913 c 86 § 4; 1905 c 175 § 2; 1895 c 115 § 9; RRS § 4307. Formerly RCW 85.04.050, part.] 85.06.100 85.06.100 Petition for improvement—Employment of assistants—Compensation as costs in suit. In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the superior court, the board of commissioners of said drainage district may employ one or more good and competent surveyors and draughtsmen to assist them in compiling data required to be presented to the court with said petition, as hereinbefore provided, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed by them, and such services shall be taxed as costs in the suit. [1895 c 115 § 10; RRS § 4259. Formerly RCW 85.04.055, part.] 85.06.110 85.06.110 Summons—Contents—Service. A summons stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be appropriated, and those which it is claimed to be benefited by the improvement, and stating the court wherein the petition is filed, the date of the filing thereof and when the defendants are required to appear (which shall be ten days, exclusive of the day of service, if served within the county in which the petition is pending, and if in any other county, then twenty days after such service, and if served by publication, then within thirty days from the date of the first publication), shall be served on each and every person named therein as owner, encumbrancer, tenant or otherwise interested therein. The summons must be subscribed by the commissioners, or their attorney, running in the name of the state of Washington and directed to the defendants; and service thereof shall be made by delivering a copy of such summons to each of the persons or parties so named therein, if a resident of the state, or in case of the absence of that person or party from his or her usual place of abode, by leaving a copy of the notice at his or her usual place of abode, or in case of a foreign corpora(2008 Ed.) 85.06.120 tion, at its principal place of business in this state with some person of more than sixteen years of age; in case of domestic corporations, the service shall be made upon the president, secretary or other director or trustee of the corporation; in case of persons under eighteen years of age, on their guardians; or in case no guardian shall have been appointed, then on the person who has the care and custody of the person; in the case of mentally ill or mentally incompetent persons, on their guardian or limited guardian; or in case no guardian or limited guardian shall have been appointed, then on the person and on the person in whose care or charge the person is found. *In case the land, real estate, premises or other property sought to be appropriated, or which it is claimed will be benefited by such improvement, is state, tide, school or county land, the summons shall be served on the auditor of the county in which the land, real estate, premises or other property sought to be appropriated, or which it is claimed will be benefited, is situated. In all cases where the owner or person claiming an interest in the real or other property is a nonresident of this state, or where the residence of the owner or person is unknown, and an affidavit of one or more of the commissioners of the district shall be filed that the owner or person is a nonresident of this state, or that after diligent inquiry his residence is unknown or cannot be ascertained by the deponent, service may be made by publication thereof in a newspaper of general circulation in the county where the lands are situated, once a week for three successive weeks. The publication shall be deemed service upon each nonresident person or persons whose residence is unknown. The summons may be served by any competent person eighteen years of age or over. Due proof of service of the summons by affidavit or publication shall be filed with the clerk of the court before the court shall proceed to hear the matter. Want of service of notice shall render the subsequent proceedings void as to the person not served; but all persons or parties having been served with summons as herein provided, either by publication or otherwise, shall be bound by the subsequent proceedings. In all cases not otherwise provided for service of notice, order and other papers in the proceedings authorized by this chapter may be made as the superior court, or the judge thereof, may direct: PROVIDED, That personal service upon any party outside of the state shall be of like effect as service by publication. [1985 c 469 § 72; 1977 ex.s. c 80 § 74; 1971 ex.s. c 292 § 57; 1895 c 115 § 11; RRS § 4309. Formerly RCW 85.04.060, part.] *Reviser’s note: The case of Paine v. State, 156 Wash. 31 states that the provisions of this section relating to the service of summons on the county auditor were repealed by implication by 1909 c 154 § 6 which provided for such service upon the commissioner of public lands. Subsequently 1919 c 164 was enacted containing similar provisions and providing for service upon the commissioner of public lands, and was amended by 1963 c 20 §§ 4 and 5 to provide for service upon the budget director and the chief administrative officer of the agency having jurisdiction over such land. Those sections, codified as RCW 47.20.020 and 47.20.030, were repealed by 1970 ex.s. c 51 § 178. Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 85.06.120 85.06.120 Appearance of defendants—Jury—Verdict—Assessment of damages and benefits—Decree. Any or all of said defendants may appear jointly or separately and [Title 85 RCW—page 17] 85.06.125 Title 85 RCW: Diking and Drainage admit or deny the allegations of said petition and plead any affirmative matter in defense thereof at the time and place appointed for hearing said petition, or to which the same may have been adjourned. If the court or judge thereof shall have satisfactory proof that all of the defendants in said action have been duly served with said summons, as above provided, and shall be further satisfied by competent proof that said improvement is practicable and conducive to the public health, welfare and convenience, and will increase the value of said lands for the purpose of public revenue, and that the contemplated use for which the land, real estate, premises or other property sought to be appropriated is really a public use, and that the land, real estate, premises or other property sought to be appropriated are required and necessary for the establishment of said improvement, and that said improvement has a good and sufficient outlet, the court or judge thereof shall cause a jury of twelve qualified persons to be impaneled to assess the damages and benefits, as herein provided, if in attendance upon his court; and if not he may, if satisfied that the public interests require the immediate construction of said improvement, direct the sheriff of his county to summons from the citizens of the county in which petition is filed as many qualified persons as may be necessary in order to form a jury of twelve persons, unless the parties to the proceedings consent to a less number, such number to be not less than three, and such consent shall be entered by the clerk in the minutes of the trial. If necessary, to complete the jury in any case, the sheriff, under the directions of the court or the judge thereof shall summon as many qualified persons as may be required to complete the jury from the citizens of the county in which the petition is filed. In case a special jury is summoned the cost thereof shall be taxed as part of the cost in the proceedings and paid by the district seeking to appropriate said land, the same as other costs in the case; and no person shall be competent as a juror who is a resident of, or landowner in, the district seeking to appropriate said land. The jurors at such trial shall make in each case a separate assessment of damages which shall result to any person, corporation or company, or to the state, by reason of the appropriation and use of such land, real estate, premises or other property for said improvements and shall ascertain, determine and award the amount of damages to be paid to said owner or owners, respectively, and to all tenants, incumbrancers and others interested, for the taking or injuriously affecting such land, real estate, premises or other property for the establishment of said improvement; and shall further find a maximum amount of benefits per acre to be derived by each of the landowners, and also the maximum amount of benefits resulting to any municipality, public highway, corporate road, or district from construction of said improvement. And upon a return of the verdict into court the same shall be reported as in other cases; whereupon, a decree shall be entered in accordance with the verdict so rendered setting forth all the facts found by the jury, and decreeing that said right-of-way be appropriated, and directing the commissioners of said drainage district to draw their warrant on the county treasurer for the amount awarded by the jury to each person for damages sustained by reason of the establishment of said improvement, payable out of the funds of said drainage district. [1909 c 143 § 2; 1895 c 115 § 12; RRS § 4310. Formerly RCW 85.04.065, part.] [Title 85 RCW—page 18] 85.06.125 Special assessments—Budgets—Alternative methods. RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which drainage districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which drainage districts created after July 28, 1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 25.] 85.06.125 Severability—1985 c 396: See RCW 85.38.900. 85.06.130 Assessment of benefited lands formerly omitted—Procedure—Appeals. If at any time it shall appear to the board of drainage commissioners that any lands within or without said district as originally established are being benefited by the drainage system of said district and that said lands are not being assessed for the benefits received, or if after the construction of any drainage system, it appears that lands embraced therein have in fact received or are receiving benefits different from those found in the original proceedings, and which could not reasonably have been foreseen before the final completion of the improvement, or that any lands within said district are being assessed out of or not in proportion to the benefits which said lands are receiving from the maintenance of the drainage system of said district, and said board of drainage commissioners shall determine that certain lands, either within or without the boundaries of the district as originally established, should be assessed for the purpose of raising funds for the future maintenance of the drainage system of the district, or that the assessments on land already assessed should be equalized by diminishing or increasing the same so that said lands shall be assessed in proportion to the benefits received, said commissioners shall file a petition in the superior court in the original cause, setting forth the facts, describing the lands not previously assessed and the lands the assessment on which should be equalized, stating the estimated amount of benefits per acre being received by each tract of land respectively, giving the name of the owner or reputed owner of each such tract of land and praying that such original cause be opened for further proceedings for the purpose of subjecting new lands to assessments or equalizing the assessments upon lands already assessed, or both. Upon the filing of such petition, summons shall issue thereon and be served on the owners of all lands affected, in the same manner as summons is issued and served in original proceedings, as near as may be, and if such new lands lie within the boundaries of any other drainage district, said summons shall also be served upon the commissioners of such other drainage district. In case any of the new lands sought to be assessed in said proceeding lie within the boundaries of any other drainage district, and the drainage commissioners of such other district believe that the maintenance of the drain or drains of such other district is benefiting lands within the district instituting the proceeding, said drainage commissioners of such other districts shall intervene in such proceedings by petition, setting forth the facts, describing the lands in the district instituting the proceeding which they believe are being benefited by the maintenance of the drainage system of their district, and praying that the benefits to such lands may be determined and such lands subjected to assessment for the further maintenance of the drainage sys85.06.130 (2008 Ed.) Drainage Districts and Miscellaneous Drainage Provisions tem of their district, to the end that all questions of benefits to lands in the respective districts may be settled and determined in one proceeding, and such petitioners in intervention shall cause summons to be issued upon such petition in intervention and served upon the commissioners of the drainage district instituting the proceeding and upon the owners of all lands sought to be affected by such petition in intervention. In case the owner of any such new lands sought to be assessed in said proceedings shall be maintaining a private drain against salt or fresh water for the benefit of said lands, and shall believe that the maintenance of such private drain is benefiting any lands within or without the district instituting the proceedings, or in case any such new lands sought to be assessed are included within the boundaries of some other drainage district and are being assessed for the maintenance of the drains of such other district, and the owner of such lands believes that the maintenance of the drain or drains of such other district is benefiting lands included within the district instituting said proceedings, such owner or owners may by answer and cross-petition set forth the facts and pray that at the hearing upon said petition and cross-petition the benefits accruing from the maintenance of the respective drains may be considered, to the end that a fair and equitable adjustment of the benefits being received by any lands from the maintenance of the various drains benefiting the same, may be determined for the purpose of fixing the assessments for the future maintenance of such drains, and may interplead in said proceeding such other drainage district in which his lands sought to be assessed in said proceeding are being assessed for the maintenance of the drain or drains of such other district. No answer to any petition or petition in intervention shall be required, unless the party served with summons desires to offset benefits or to ask other affirmative relief, and no default judgment shall be taken for failure to answer any petition or petition in intervention, but the petitioners or petitioners in intervention shall be required to establish the facts alleged by competent evidence. Upon the issues being made up, or upon the lapse of time within which the parties served are required to appear by any summons, the court shall impanel a jury to hear and determine the matters in issue, and the jury shall determine and assess the benefits, if any, which the respective tracts of land are receiving or will receive from the maintenance of the drain or drains to be maintained, taking into consideration any and all matters relating to the benefits, if any, received or to be received from any drain, structure or improvement, and to credit or charge, as the case may be, to each tract so situated as to affect any other tract or tracts, or having improvement or structures thereon or easements granted in connection therewith, affecting any other tract or tracts included in such proceedings, and shall specify in their verdict the respective amount of benefits per acre, if any, assessed to each particular tract of land, by legal subdivisions. Upon the return of the verdict of the jury, the court shall enter its judgment in accordance therewith, as supplemental to the original decree, or in case a petition in intervention be filed by the drainage commissioners of some other district than that instituting the proceeding, such judgment to be supplemental to all such original decrees, and thereafter, all assessments and levies for the cost of construction or future maintenance of any drain or drains described in said judgment shall be based upon the respective benefits (2008 Ed.) 85.06.160 determined and assessed against the respective tracts of land as specified in said judgment. Every person or corporation feeling himself or itself aggrieved by any such judgment may appeal to the supreme court or the court of appeals within thirty days after the entry thereof, and such appeal shall bring before the supreme court or the court of appeals the propriety and justness of the verdicts of the jury in respect to the parties to the appeal. No bonds shall be required on such appeals. Nothing in this section contained shall be construed as affecting the right of drainage districts to consolidation in any manner provided by law. [1971 c 81 § 159; 1917 c 133 § 1; 1901 c 86 § 1; 1895 c 115 § 13; RRS § 4311.] Rules of court: Cf. RAP 5.2, 8.1, 18.22. 85.06.140 Dismissal of proceedings, when—Costs. In case the damages or amount of compensation for such right-of-way, together with the estimated costs of the improvement, amount to more than the maximum amount of benefits which will be derived from said improvement, or, if said improvement is not practicable, or will not be conducive to the public health, welfare and convenience, or will not increase the public revenue, or will not have sufficient outlet, the court shall dismiss such proceedings, and in such case a judgment shall be rendered for the costs of said proceedings against said district, and no further proceedings shall be had or done therein; and upon the payment of the costs, said organization shall be dissolved by decree of said court. [1895 c 115 § 14; RRS § 4312. Formerly RCW 85.04.070, part.] 85.06.140 85.06.150 Procedure to claim awards. Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this chapter, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he is entitled to the same, the court shall make an order directing the payment to such claimant of the portion of such money as he or it may be found entitled to; but if, upon application, the court or judge thereof shall decide that the title to the land, real estate or premises specified in the application of such claimant is in such condition as to require that an action be commenced to determine the title of claimants thereto, it shall refuse such order until such action is commenced and the conflicting claims to such land, real estate or premises be determined according to law. [1895 c 115 § 15; RRS § 4313. Formerly RCW 85.04.210, part.] 85.06.150 85.06.160 Transcript of benefits to auditor—Assessments—Collection—Supplemental assessment. Upon the entry of the judgment upon the verdict of the jury, the clerk of said court shall immediately prepare a transcript, which shall contain a list of the names of all the persons and corporations benefited by said improvement and the amount of benefit derived by each, respectively, and shall duly certify the same, together with a list of the lands benefited by said improvement belonging to each person and corporation, and shall file the same with the auditor of the county, who shall immediately enter the same upon the tax rolls of his office, as provided by law for the entry of other taxes, against the land of each of the said persons named in said list, together with the amounts thereof, and the same shall be subject to the same 85.06.160 [Title 85 RCW—page 19] 85.06.180 Title 85 RCW: Diking and Drainage interest and penalties in case of delinquency as in case of general taxes, and shall be collected in the same manner as other taxes and subject to the same right of redemption, and the lands sold for the collection of said taxes shall be subject to the same right of redemption as the sale of lands for general taxes: PROVIDED, That said assessments shall not become due and payable except at such time or times and in such amounts as may be designated by the board of commissioners of said drainage district, which designation shall be made to the county auditor by said board of commissioners of said drainage district, by serving written notice upon the county auditor designating the time and the amount of the assessment, said assessment to be in proportion to benefits to become due and payable, which amount shall fall due at the time of the falling due of general taxes, and the amount so designated shall be added by the auditor to the general taxes of said person, persons or corporation, according to said notice, upon the assessment rolls in his said office, and collected therewith; PROVIDED FURTHER, That no one call for assessments by said commissioners shall be in an amount to exceed twenty-five percent of the amount estimated by the board of commissioners to be necessary to pay the costs of the proceedings, and the establishment of said district and drainage system and the cost of construction of said work; PROVIDED FURTHER, That where the amount realized from the original assessment and tax shall not prove sufficient to complete the original plans and specifications of any drainage system, alterations, extensions or changes therein, for which the said original assessment was made, the board of commissioners of said district shall make such further assessment as may be necessary to complete said system according to the original plans and specifications, which assessment shall be made and collected in the manner provided in this section for the original assessment. [1907 c 242 § 1; 1895 c 115 § 16; RRS § 4316. Formerly RCW 85.04.080, part.] 85.06.180 Construction—Contractors—Performance bonds. After the filing of said certificate said commissioners of such drainage district shall proceed at once in the construction of said improvement, and in carrying on said construction or any extensions thereof they shall have full charge and management thereof, and shall have the power to employ such assistance as they may deem necessary and purchase all material that may be necessary in the construction and carrying on of the work of said improvement, and shall have power to let the whole or any portion of said work to any responsible contractor, and shall in such case enter into all necessary agreements with such contractor that may be necessary in the premises: PROVIDED, That in case the whole or any portion of said improvement is let to any contractor said commissioners shall require said contractor to give a bond in double the amount of the contract price of the whole or of such portion of said work covered by said contract, with two or more sureties to be approved by the board of commissioners of said drainage district and running to said district as obligee therein, conditioned for the faithful and accurate performance of said contract by said contractor, his executors, administrators or assigns, according to the terms and conditions of said agreement, and shall cause said contractor to enter into a further or additional bond in the same amount, with two or more good and sufficient sureties to be approved 85.06.180 [Title 85 RCW—page 20] by said board of commissioners of said drainage district in the name of said district as obligee therein, conditioned that said contractor, his executors, administrators or assigns, or subcontractor, his executors, administrators or assigns, performing the whole or any portion of said work under contract of said original contractor, shall pay or cause to be paid all just claims for all persons performing labor or rendering services in the construction of said work, or furnishing materials, merchandise or provisions of any kind or character used by said contractor or subcontractor, or any employee thereof in the construction of said improvement: PROVIDED FURTHER, That no sureties on said last mentioned bond shall be liable thereon unless the persons or corporation performing said labor and furnishing said materials, goods, wares, merchandise and provisions, shall, within ninety days after the completion of said improvement, file their claim, duly verified; that the amount is just and due and remains unpaid, with the board of commissioners of said drainage district. [1895 c 115 § 18; RRS § 4318. Formerly RCW 85.04.095, part.] 85.06.190 Substantial changes in plans—Procedure. The work on said improvement shall begin and shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any contractor thereunder, shall have no power whatever to change said route or system of improvement or the manner of doing the work therein so as to make any radical changes in said improvement, without the written consent of all the landowners to be benefited thereby, and the landowners which may be damaged thereby. And in case any substantial changes in said system of improvement or the manner of the construction thereof shall be deemed necessary by said board of commissioners at any time during the progress thereof, and if the written consent to such changes cannot be procured from said landowners, then said commissioners, for and on behalf of said district, shall file a petition in the superior court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plan or manner of the construction of said improvement, and praying therein to be permitted to make such changes, and upon the filing thereof, the commissioners shall cause a summons to be served, setting forth the prayer of said petition, under the seal of said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the landowners or others claiming any lien or interest therein appearing of record in said district, and any or all of said parties so served may appear in said cause and submit their objections thereto, and after the time for the appearance of all of said parties has expired, the court shall proceed to hear said petition at once without further delay, and if it appears during the course of said proceedings that the property rights of any of said landowners will be affected by such proposed change in said improvements, then the court, after having passed upon all preliminary questions as in the original proceedings may call a jury to be impaneled as in the case of the original proceeding for the establishment of said improvements, and upon the final hearing of said cause, the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations, the same as upon the original petition, by reason of such proposed change, and shall readjust the 85.06.190 (2008 Ed.) Drainage Districts and Miscellaneous Drainage Provisions amount of benefits claimed to have been increased or diminished by any of said landowners by reason of said proposed change in said improvements, and the proceedings thereafter shall be the same as to rendering judgment, appeal therefrom, payment of compensation and damages and filing of the certificate with the auditor, as hereinbefore provided for in the proceedings upon the original petition, and said commissioners shall have a right thereafter to proceed with the construction of said improvements according to the changes made therein. [1909 ex.s. c 13 § 1; 1895 c 115 § 19; RRS § 4319. Formerly RCW 85.04.100, part.] 85.06.200 85.06.200 Payments on contracts—Retained percentage. During the construction of said improvement said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no allowance or payment shall be made for said work to any contractor or subcontractor to exceed seventy-five percent of the proportionate amount of the work completed by such contractor or subcontractor, and twenty-five percent of the contract price shall be reserved at all times by said board of commissioners until said work is wholly completed, and shall not be paid upon the completion of said work until ninety days have expired for the presentation of all claims for labor performed and materials, goods, wares, merchandise and provisions furnished or used in the construction of said improvements; and upon the completion of said work and the payment of all claims hereinbefore provided for according to the terms and conditions of said contract, said commissioners shall accept said improvement and pay the contract price therefor. [1895 c 115 § 20; RRS § 4320. Formerly RCW 85.04.105, part.] 85.06.210 85.06.210 Connecting private drains—Procedure— Costs. Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any persons or corporations shall desire to drain such lands into said system and shall find it necessary, in order to do so, to procure the right-of-way over the land of another, or others, and if consent thereto cannot be procured from such person or persons, then such landowner may present in writing a request to the board of commissioners of said district, setting forth therein the necessity of being able to connect his private drainage with said system, and pray therein that said system be extended to such point as he may designate in said writing, and immediately thereon said board of commissioners shall cause a petition to be filed in the superior court, for and in the name of said drainage district, requesting in said petition that said system be extended as requested, setting forth therein the necessity thereof and praying that leave be granted by the board to extend the system in accordance with the prayer of said petition, and the proceedings in such case, upon the presentation of such petition and the hearing thereof, shall be, in all matters, the same as in the hearing and presentation of the original petition for the establishment of the original system of drainage in said district, as far as applicable. That the costs in such proceedings shall be paid from the assessment of benefits to be made on the lands of the person or persons benefited by such extension, and the (2008 Ed.) 85.06.220 assessment and compensation for the right-of-way, damages and benefits, and payment of damages and compensation, and the collection of the assessments for benefits, shall be the same as in the proceedings under the original petition, and the construction of the said extension shall be made under the same provisions as the construction of the original improvement; and all things that may be done or performed in connection therewith shall be, as near as may be applicable, in accordance with the provisions already set forth herein for the establishment and construction of said original improvement: PROVIDED, That such petitioner or petitioners shall, at the time of filing such petition by said drainage commissioners, enter into a good and sufficient bond to said drainage district in the full penal sum of five hundred dollars, with two or more sureties, to be approved by the court, conditioned for the payment of all costs in case the prayer of said petition should not be granted, which bond shall be filed in said cause. [1895 c 115 § 21; RRS § 4321. Formerly RCW 85.04.640.] 85.06.220 Connecting with lower districts—Procedure. In case of the establishment of a drainage district and system of drainage under the provisions of this chapter above any other district that may have theretofore been established and above any other system of drainage that may have theretofore been constructed in said district, and in case said district to be established above may desire to connect its drainage system with the lower or servient district, shall be made a party to the proceedings for the establishment of such system, and the petition to be filed in the superior court for the establishment of the system of drainage in said upper district shall, in addition to the facts hereinbefore provided and required to be set forth therein, set forth the fact that said lower system in said lower district is necessary to be used as an outlet for the system of drainage of said upper district, and that the same will be a sufficient outlet and will afford sufficient capacity to carry the drainage of both said upper and lower districts; and in case said system of said lower district will be required to be enlarged by widening or deepening the same, or both, in order to give sufficient outlet to said upper district and afford sufficient drainage for said upper and lower districts, then the plans and specifications for enlarging the system of said lower district shall be filed with said petition in addition to the other data hereinbefore provided for in this chapter. All the landowners in said lower district, or any person claiming any interest therein as mortgagee or otherwise, shall be made parties defendant in said petition, and the proceedings therein as to the assessment of damages and compensation for land taken, if any be necessary to be taken in enlarging said lower system, shall be the same as in the establishment of systems of drainage in the lower or servient district as hereinbefore provided for; but the jury, in addition to the facts to be found by them as provided for in the establishment of a drainage system in the lower district, shall find and determine whether said lower system, when improved according to the plans and specifications filed with the said petition, will afford sufficient drainage for both said upper and lower districts, which finding shall be made by the jury before considering any other question at issue in said proceeding; and in case said jury should find that the system of said lower district when improved as proposed in said petition would not be sufficient, then, in that case, said finding shall terminate the proceed85.06.220 [Title 85 RCW—page 21] 85.06.230 Title 85 RCW: Diking and Drainage ings, and no further proceedings in said case shall be had, and the costs of said proceeding shall be paid as costs in other proceedings, as hereinbefore provided for; but in such case the finding of said jury shall not terminate the objects of said upper district or operate to disorganize the same, but said upper district may begin new proceedings for the establishment of a system of drainage with some new outlet provided therein. All costs for the enlarging or improving of said lower system that may be required shall be assessed to the landowners in the upper district according to the benefits to be derived from the construction of said entire system, and no additional cost shall be thrown upon the lower district, and all compensation for taking any right-of-way that may be necessary to be taken in enlarging said lower system, and all damages occurring therefrom, if any, to the landowners of said lower district, shall be ascertained and paid in the same manner as hereinbefore provided for for the adjustment of compensation and damages in the establishment of drainage systems in lower districts. Said lower district, by and through its board of commissioners, may appear in said cause and show therein any injury it may sustain as a district by reason of the additional cost of maintenance of said lower system as improved and enlarged, and such fact shall be determined in said cause and the jury shall find the amount of the increased costs of maintenance per annum, which will be sustained by said lower district by reason of said enlarging or improving of the same, and judgment shall be rendered in favor of said lower district against said upper district for such amount so found, and the same shall be paid each year as the cost of construction is paid as provided for in this chapter, and the amount so paid shall be held by said lower district as an additional fund for the maintenance of its said system as improved and enlarged by said upper district. [1895 c 115 § 22; RRS § 4322. Formerly RCW 85.04.645.] 85.06.230 City or town may act as or be included in drainage district. Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such town or city may be included with other territory in a common district under the provisions for the establishment thereof as provided for herein. [1895 c 115 § 23; RRS § 4323. Formerly RCW 85.04.115, part.] of said board: PROVIDED, That no warrants shall be issued by said board of commissioners in payment of any indebtedness of such district for less than the face or par value. [1985 c 396 § 42; 1895 c 115 § 25; RRS § 4325. Formerly RCW 85.04.040, part and 85.04.165, part.] Severability—1985 c 396: See RCW 85.38.900. 85.06.255 Special assessment bonds. Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [1986 c 278 § 24.] 85.06.255 Severability—1986 c 278: See note following RCW 36.01.010. 85.06.330 Warrants presented for indorsement— When and how paid. All warrants issued under the provisions of this chapter shall be presented by the owners thereof to the county treasurer, who shall indorse thereon the day of presentation for payment, with the additional indorsement thereon, in case of nonpayment, that they are not paid for want of funds; and no warrant shall draw interest under the provisions of this chapter until it is so presented and indorsed by the county treasurer. And it shall be the duty of such treasurer, from time to time, when he has sufficient funds in his hands for that purpose, to advertise in the newspaper doing the county printing for the presentation to him for payment of as many of the outstanding warrants as he may be able to pay: PROVIDED, That thirty days after the first publication of said notice of the treasurer calling in any of said outstanding warrants said warrants shall cease to bear interest, which shall be stated in the notice. Said notice shall be published two weeks consecutively, and said warrants shall be called in and paid in the order of their indorsement. [1986 c 278 § 30; 1895 c 115 § 33; RRS § 4333. Formerly RCW 85.04.170, part.] 85.06.330 Severability—1986 c 278: See note following RCW 36.01.010. 85.06.230 85.06.340 Trial—Findings and forms of verdict. Upon the trial of any questions of issue by a jury under the provisions of this chapter the trial court may, in its discretion, submit all questions to be found by the jury in the form of separate findings, or may submit to such jury separate forms of verdict on all such questions to be found by the jury therein. [1895 c 115 § 34; RRS § 4334. Formerly RCW 85.04.205, part.] 85.06.340 85.06.350 Public lands subject to assessment—Rights and liabilities of public corporations. All state, county, school district or other lands belonging to other public corporations requiring drainage shall be subject to the provisions of this chapter, and such corporations, by and through the proper authorities, shall be made parties in all proceedings herein affecting said lands, and shall have the same rights as private persons, and their lands shall be subject to the right of eminent domain the same as the lands of private persons or corporations. [1895 c 115 § 35; RRS § 4335. Formerly RCW 85.04.110, part.] 85.06.350 85.06.240 Estimate for maintenance and repair— Emergency expenditures. See RCW 85.05.270. 85.06.240 85.06.250 Organization of board—Warrants, how issued. The board of commissioners of such district shall elect one of their number chairman and shall either elect one of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district’s proceedings. The board of commissioners may issue warrants of such district in payment of all claims of indebtedness against such district, which shall be in form and substance the same as county warrants, or as near the same as may be practicable, and shall draw the legal rate of interest from the date of their presentation to the treasurer for payment, as hereinafter provided, and shall be signed by the chairman and attested by the secretary 85.06.250 [Title 85 RCW—page 22] 85.06.360 Assessments on public lands—How paid. In case lands belonging to the state, county, school district or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all benefits 85.06.360 (2008 Ed.) Drainage Districts and Miscellaneous Drainage Provisions shall be assessed against such lands, and the same shall be paid by the proper authorities of such public corporation at the times and in the same manner as assessments are called and paid in case of private persons, out of any general fund of such corporation. [1895 c 115 § 36; RRS § 4336. Formerly RCW 85.04.110, part.] 85.06.370 85.06.370 Fees for service of process. Fees for service of all process necessary to be served under the provisions of this chapter shall be the same as for like services in other civil cases, or as is or may be provided by law. [1895 c 115 § 37; RRS § 4337. Formerly RCW 85.04.200, part.] 85.06.500 A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 9; 1998 c 121 § 9; 1991 c 349 § 21; 1985 c 396 § 43; 1980 c 23 § 2; 1959 c 209 § 1; 1947 c 76 § 1; 1907 c 62 § 1; 1895 c 115 § 38; RRS § 4338. Formerly RCW 85.04.600.] Severability—1985 c 396: See RCW 85.38.900. 85.06.380 85.06.380 Commissioners—Compensation and expenses. In performing their duties under the provisions of this title the board and members of the board of drainage commissioners may receive as compensation up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the district, or in performance of other official services or duties on behalf of the district: PROVIDED, That such compensation shall not exceed eight thousand six hundred forty dollars in one calendar year: PROVIDED FURTHER, That such services and compensation are allowed and approved at a regular meeting of the board. Upon the submission of a copy, certified by the secretary, of the extracts of the relevant minutes of the board showing such approval, to the county auditor, the same shall be paid as other claims against the district are paid. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner’s place of residence and mileage for use of a privately-owned vehicle in accordance with chapter 42.24 RCW. Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. (2008 Ed.) 85.06.390 85.06.390 Improvement of watercourses—Preservation of vested rights. The whole or any portion of any natural watercourse, the whole or any portion of which lies within any district established under this chapter, or the whole or any portion of any ditch or drainage system already constructed or partially constructed prior to the passage of this chapter, may be improved and completed as a system under the provisions of this chapter: PROVIDED, That vested rights in any such watercourse acquired by appropriation of the water thereof for irrigation, mining or manufacturing purposes under existing law, shall not be disturbed. [1903 c 38 § 1; 1895 c 115 § 39; RRS § 4339. Formerly RCW 85.04.650.] 85.06.400 85.06.400 Powers of court—Injunctions. The superior court may compel the performance of the duties imposed by this chapter, and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose. [1895 c 115 § 40; RRS § 4340. Formerly RCW 85.04.755.] PART II—MISCELLANEOUS DRAINAGE PROVISIONS 85.06.500 85.06.500 Extension or enlargement of system. Whenever it shall appear to the board of commissioners of any drainage district now organized or that may be hereafter organized under the laws of the state of Washington, that existing drainage systems or improvements are inadequate or insufficient to properly drain the lands within said district or any portion or portions thereof, such commissioners shall have the power and they are hereby authorized to construct such additional system or systems or to extend, add to, or enlarge any existing system as in their judgment is necessary. In such event the procedure for the establishment of such additional system or extension of existing system and the manner and method of the payment of the cost of construction and maintenance of the same by the assessment of the lands particularly benefited thereby, as well as the obtaining of necessary rights-of-way shall be the same as that provided by existing laws for the establishment of the original drainage system within said district. In the exercise of any of the powers herein granted it shall be immaterial whether the outlet of any of the ditches, drains, or other necessary structures or appliances are to be located within or without the boundaries of said district. This section is intended to grant supplemental and additional powers to such drainage districts and shall not be construed to limit or repeal any existing powers of such [Title 85 RCW—page 23] 85.06.545 Title 85 RCW: Diking and Drainage districts, nor to repeal any existing laws relating thereto. [1919 c 179 § 1; RRS § 4304. Formerly RCW 85.04.635.] 85.06.545 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. Drainage districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW. [1986 c 278 § 12.] 85.06.545 Severability—1986 c 278: See note following RCW 36.01.010. 85.06.550 Payment of preliminary expense where proceedings are dropped. When any drainage district has been or shall be established and created under the provisions of an act of the legislature of the state of Washington, entitled "An act to provide for the establishment and creation of drainage districts, and the construction and maintenance of a system of drainage, and to provide for the means of payment thereof, and declaring an emergency", approved *March 20, 1895, and when the drainage commissioners of such district have employed surveyors or draughtsmen or legal assistance as provided in RCW 85.06.100, and have incurred expenses for the compensation of such surveyors, draughtsmen and legal assistance, and have issued to such surveyors, draughtsmen or persons rendering said legal assistance any warrants, orders, vouchers or other evidence of indebtedness for said expenses so incurred, and when such warrants, orders, vouchers or other evidences of indebtedness remain outstanding and unpaid, and when from any cause no further proceedings are had as provided for in said act approved *March 20, 1895, within a reasonable time, it shall be the duty of the county commissioners of the county in which such drainage district is located to assess in accordance with the provisions of RCW 85.06.550 through 85.06.630, the lands constituting and embraced within such drainage district for the purpose of paying such outstanding warrants, orders, vouchers, or other evidences of indebtedness, together with interest thereon. [1903 c 67 § 1; RRS § 4492. Formerly RCW 85.04.710.] 85.06.550 *Reviser’s note: The act of "March 20, 1895" is chapter 115, Laws of 1895, the basic drainage district law, codified as Part I of chapter 85.06 RCW as it has been amended and added to. 85.06.560 Payment of preliminary expense where proceedings are dropped—Notice to present claims— Registration. The county auditor of any county in which such drainage district is located upon the written request of any holder or owner of any such warrant, order, voucher or other evidence of indebtedness, mentioned in the preceding section, shall forthwith cause to be published in the newspaper doing the county printing, if any such there be, and if not, then in some newspaper of general circulation in the county, a notice directing any and all holders or owners of any such warrants, orders, vouchers, or other evidences of indebtedness, to present the same to him, at his office, for registration within ninety days from the date of the first publication of such notice; and such notice shall be published once a week for six consecutive weeks. Said notice shall be directed to all holders and owners of warrants, orders, vouchers or other evidences of indebtedness issued by the drainage commissioners of the particular district giving its name and number, and shall designate the character of the warrants, orders, 85.06.560 [Title 85 RCW—page 24] vouchers, or other evidences of indebtedness, the registration of which is called for by said notice. Upon the presentation to him of such warrants, orders, vouchers or other evidences of indebtedness, the county auditor shall register the same in a separate book to be kept for that purpose, showing the date of registration, the date of issue, the purpose of issue when the same is shown upon the face, the name of the person by whom presented, and the face value thereof. Any such warrants, orders, vouchers or other evidences of indebtedness, not presented within the time prescribed in such notice, shall not share in the benefits of RCW 85.06.550 through 85.06.630, and no assessment or reassessment shall thereafter be made for the purpose of paying the same. [1903 c 67 § 2; RRS § 4493. Formerly RCW 85.04.715.] 85.06.570 Payment of preliminary expense where proceedings are dropped—Petition to court for assessment—Contents. At any time after the expiration of the time within which warrants, orders, vouchers or other evidences of indebtedness, may be registered as provided in the preceding section, the holder or owner of any such registered warrant, order, voucher or other evidence of indebtedness, may for himself and in behalf of all other holders or owners of such registered warrants, orders, vouchers or other evidences of indebtedness, file a petition in the superior court of the county in which such drainage district is located praying for an order directing the publication and posting of the notice hereinafter provided for, and for a hearing upon said petition, and for an order directing the board of county commissioners to assess the lands embraced within said drainage district for the purpose of paying such registered warrants, orders, vouchers or other evidences of indebtedness and the costs of the proceedings provided for in RCW 85.06.550 through 85.06.630. Said petition shall set forth: (1) That said drainage district was duly established and created, giving the time. (2) The facts in connection with the expenses incurred by the drainage commissioners in the employment of surveyors, draughtsmen, or legal assistance and the issuance of such registered warrants, orders, vouchers or other evidences of indebtedness. (3) The facts in connection with the compliance with the provisions of RCW 85.06.550 through 85.06.630. (4) A list of such registered warrants, orders, vouchers or other evidences of indebtedness showing the names of owners or holders, the amounts, the date of issuance, the purpose for which issued, when shown upon the face thereof, and the date of presentation for payment, respectively. [1903 c 67 § 3; RRS § 4494. Formerly RCW 85.04.720.] 85.06.570 85.06.580 Payment of preliminary expense where proceedings are dropped—Hearing to be fixed—Order for publication of notice. Upon the filing of such petition it shall be the duty of the judge of the said superior court to fix a time for a hearing of said petition, which time shall be not less than sixty days from the time of the filing of said petition, and to enter an order directed to the sheriff of the said county ordering said sheriff to cause to be published and posted the notice as provided for in the next succeeding section. [1903 c 67 § 4; RRS § 4495. Formerly RCW 85.04.725.] 85.06.580 (2008 Ed.) Drainage Districts and Miscellaneous Drainage Provisions 85.06.590 Payment of preliminary expense where proceedings are dropped—Notice—Contents, publication, etc. Upon the issuance of the order as provided for in the next preceding section it shall be the duty of the sheriff of said county to post, at the court house of said county and at three public places in said drainage district, and to cause to be published in a newspaper of general circulation in said county a notice of the time and place fixed by said order of court for the hearing of said petition. Said notice shall contain a statement that said petition has been filed as above provided for, that the said court has fixed a time and place for the hearing of said petition, which time and place shall be stated in said notice, a brief statement of the object of said proceeding upon said petition, a statement of the issuance of the said order of court directing the posting and publishing of said notice, a statement that all persons having any interest in any land in such drainage district, describing the same by its corporate name, may at or before the time fixed for said hearing appear and file objections or exceptions to the granting of the prayer of said petition: A statement that upon the hearing of said petition in case no objections or exceptions have been filed in said proceeding, or in case any objections or exceptions filed be not sustained, and that the allegations of said petition are proven to the satisfaction of the court an order will be entered in accordance with the prayer of said petition. That said notice shall be signed by the sheriff of said county. [1903 c 67 § 5; RRS § 4496. Formerly RCW 85.04.730.] 85.06.590 85.06.600 Payment of preliminary expense where proceedings are dropped—Hearing—Order for levy— Costs. At the time and place fixed in said order for the hearing of said petition, or at such time to which the court may continue said hearing, the court shall proceed to a hearing upon said petition and upon any objections or exceptions which have been filed thereto. And upon it appearing to the satisfaction of the court from the proofs offered in support thereof that the allegations of said petition are true, the said court shall ascertain the total amount of said registered warrants, orders, vouchers or other evidences of indebtedness with the accrued interest and the costs of said proceedings, and thereupon the said court shall enter an order directing the board of county commissioners to levy a tax upon all the real estate within said drainage district exclusive of improvements, taking as a basis the last equalized assessment of said real estate for state and county purposes, sufficient to pay said outstanding registered warrants, orders, vouchers or other evidences of indebtedness with interest as aforesaid and the costs of said proceeding, and the cost of levying said tax, and further directing the county auditor to issue a warrant on the county treasurer to the petitioner for the costs advanced by him in such proceeding, which shall be paid in the same manner as the said registered warrants, orders, vouchers or other evidences of indebtedness. [1903 c 67 § 6; RRS § 4497. Formerly RCW 85.04.735.] 85.06.600 85.06.610 Payment of preliminary expense where proceedings are dropped—Certification of order to tax levying officers. The clerk of said superior court shall certify the said order to the board of county commissioners, and to the county auditor and upon receipt of said order by said board it shall proceed forthwith to execute said order, and 85.06.610 (2008 Ed.) 85.06.650 upon said levy being made it shall be extended upon the tax rolls, certified and collected at the same time, in the same manner as other special district taxes. [1903 c 67 § 7; RRS § 4498. Formerly RCW 85.04.740.] 85.06.620 Payment of preliminary expense where proceedings are dropped—Dismissal of petition. If upon said hearing the court shall find that the petitioner is not entitled to an order granting the prayer of said petition the court shall enter an order dismissing said petition and taxing the costs against said petitioner. [1903 c 67 § 8; RRS § 4499. Formerly RCW 85.04.745.] 85.06.620 85.06.630 Payment of preliminary expense where proceedings are dropped—Appellate review. From any final order entered by the said superior court as above provided for, any party to said proceeding feeling himself aggrieved thereby may seek appellate review, as provided by the general appeal law of this state. [1988 c 202 § 74; 1903 c 67 § 9; RRS § 4500. Formerly RCW 85.04.750.] 85.06.630 Severability—1988 c 202: See note following RCW 2.24.050. 85.06.640 Additional improvements—Authorized— Change in plans. Whenever in the judgment of the commissioners of any drainage district general benefits to the entire district will accrue therefrom, or the general plan for improvement as adopted by such district will be more fully or properly carried out thereby, the board of commissioners of such district is hereby given and granted authority and power to do the following things: (1) Straighten, widen, deepen, improve, or alter the course of or discontinue the use and maintenance of, or abandon any existing drains or ditches in said district, and when abandoned or discontinued, the right-of-way may be held or disposed of by said district in the discretion of the commissioners; (2) Dig or construct any additional and auxiliary drains or ditches therein; (3) Obtain, improve, or alter any existing reservoirs, spillways or outlets; (4) Lease, acquire, build, or construct additional, new, or better reservoirs, spillways, and outlets; (5) Lease, acquire, erect, build, or construct and operate any pumping plant and acquire equipment necessary therefor; (6) Divert, dam, or carry off the waters of any stream or water endangering or damaging said district and protect against damage or flood from any waters whatsoever; and (7) Implement the provisions of a drainage maintenance plan adopted by the district. PROVIDED, That in carrying out such powers, said commissioners shall not be authorized under RCW 85.06.640 through 85.06.700 to tap new sources of water which have other outlets and do not endanger the system or property of such district. [2008 c 77 § 1; 1941 c 133 § 1; 1935 c 170 § 1; Rem. Supp. 1941 § 4342-1. Formerly RCW 85.04.610.] 85.06.640 85.06.650 Additional improvements—Methods of payment. To pay for any work done under RCW 85.06.640 through 85.06.700, or matters incident thereto, the commissioners of said district may use any money raised or to be 85.06.650 [Title 85 RCW—page 25] 85.06.660 Title 85 RCW: Diking and Drainage raised by collection of any unexhausted balance of assessed benefits as theretofore established upon the lands of said district and/or by assessments for maintenance, levied as provided by law; or they may issue warrants of such district redeemable by levies which shall be added to the annual cost of the maintenance of said system and be paid from the maintenance fund from time to time; or they may combine such methods of payment. [1935 c 170 § 2; RRS § 4342-2. Formerly RCW 85.04.625.] 85.06.660 85.06.660 Additional improvements—Resolution— Notice and hearing—Protests—Appellate review, conclusiveness of order of board. Whenever the board of commissioners of any district desire[s] to exercise any of the foregoing powers under *this act, it shall pass a resolution declaring its intention to do so, which shall describe in general terms the proposed improvement to be undertaken. The resolution shall set a date upon which the board shall meet to determine whether such work shall be done. Thereafter a copy of such declaratory resolution and a notice of hearing shall be posted by the secretary or member of the board, in three public places in such district at least ten days before the date of hearing. The notice shall state the time and place of hearing and that plans therefor are on file with the secretary of the board subject to inspection by any party interested. Any property owner affected by such proposed improvement, or any property owner within such district, may appear at said hearing and object to said proposed improvement by filing a written protest against the proposed action of the board. The protest shall clearly state the basis thereof. At such hearing, which shall be public, the board shall give full consideration to the proposed project and all protests filed, and on said date or any adjourned date, take final action thereon. If protests be filed before said hearing by owners of more than forty percent of the property in said district, the board shall not have power to make the proposed improvement nor again initiate the same for one year. If the board determines to proceed with such project in its original or modified form, it shall thereupon adopt a resolution so declaring and adopt general plans therefor, which resolution may authorize the acquisition by condemnation, or otherwise, of the necessary rights and properties to complete the same. Any protestant who filed a written protest prior to said hearing may appeal from the order of the board, but to do so must, within ten days from the date of entering of such order, bring direct action in the superior court of the state of Washington in the county wherein such district is situated, against such board of directors in their official capacity, which action shall be prosecuted under the procedure for civil actions, with the right of appellate review, as provided in other civil actions. In any action so brought, the order of the board shall be conclusive of the regularity and propriety of the proceedings and all other matters except it shall be open to attack upon the ground of fraud, unfair dealing, arbitrary, or unreasonable action of the board. [1988 c 202 § 75; 1971 c 81 § 160; 1935 c 170 § 3; RRS § 4342-3. Formerly RCW 85.04.620.] *Reviser’s note: "this act" refers to chapter 170, Laws of 1935, codified as RCW 85.06.640 through 85.06.700. Severability—1988 c 202: See note following RCW 2.24.050. [Title 85 RCW—page 26] 85.06.670 Additional improvements—Acquisition, sale of property—Contracts to share expense. In carrying out the foregoing powers, or any other powers possessed by the board of commissioners of such district, said board shall have authority to acquire by lease, contract, private purchase, or purchase at any sale, any real or personal property and to sell any real or personal property, or any part thereof, owned by said district when they find that the usefulness thereof to such district has ceased. Such board shall also have authority to enter into contracts with any other diking and/or drainage district, person, public or municipal corporation, flood control district, state, or the United States, with reference to sharing the costs or expenses of improvements for said district or the protection thereof, and bind its district by such contract. [1935 c 170 § 4; RRS § 4342-4. Formerly RCW 85.04.615.] 85.06.670 85.06.680 Additional improvements—Private property not to be taken without compensation. In carrying out any of the foregoing powers, said district shall not impair, damage, injure, or take any private property or interest therein, or vested rights, without just compensation being paid. [1935 c 170 § 5; RRS § 4342-5. Formerly RCW 85.04.605, part.] 85.06.680 85.06.690 Additional improvements—Right of eminent domain. In carrying out any of the foregoing powers, or any powers possessed by said district, it shall have the right of eminent domain to acquire any property or rights or interest therein, within or outside of the district, necessary for the use of such district for the construction and maintenance of any ditches, drains, dikes, dams, spillways, outlets, necessary appliances and structures in connection with the operation, alteration, enlargement, extension, or protection of its drainage system. The procedure for exercising the right of eminent domain shall be that provided by law for private corporations. [1935 c 170 § 6; RRS § 4342-6. Formerly RCW 85.04.605, part.] 85.06.690 Eminent domain by corporations generally: Chapter 8.20 RCW. 85.06.700 Additional improvements—Powers are additional—"Drainage district" defined. The powers and rights *herein granted are additional to, but not in substitution of, existing rights or powers of drainage districts. Drainage district as used *herein shall mean a regularly established drainage, or drainage improvement district, combined diking and drainage improvement district, or drainage district exercising combined diking and drainage power. [1935 c 170 § 7; RRS § 4342-7. Formerly RCW 85.04.630.] 85.06.700 *Reviser’s note: "herein" appears in chapter 170, Laws of 1935, codified as RCW 85.06.640 through 85.06.700. Severability—1935 c 170: "If any section, provision, or subdivision of a section of this act shall be adjudged to be invalid or unconstitutional, such adjudgment shall not affect the validity of the act as a whole, or any other section, subdivision, or provision thereof." [1935 c 170 § 8.] This applies to RCW 85.06.640 through 85.06.700. 85.06.710 Costs in excess of estimate—Authorized— Warrants validated. Whenever any drainage district has been organized, established and created since January 1st, 1911, and extending to January 1st, 1921, in the manner provided by law, and the board of commissioners of such district 85.06.710 (2008 Ed.) Miscellaneous Diking and Drainage Provisions have been authorized to proceed with the work of constructing a system of drainage for such district in the manner provided by law and have begun such work and expended the whole, or the major portion of the estimated cost of such improvement, and it shall have appeared to such board of commissioners that such improvement could not be completed within the estimated cost thereof so as to produce the benefits to the lands of the district found by the jury to be benefited by the proposed improvement without expending a greater sum than the estimated cost of such improvement and that the benefits which would actually accrue to the lands of the district would be sufficient to warrant the increased expenditure necessary to complete the improvement, and such board of commissioners shall have incurred indebtedness in the name of the district to such an amount as would complete the authorized system of drainage for the benefit of the lands of the district found by the jury to be benefited by the proposed improvement, and issued the warrants of the district to cover the additional cost of completing such improvement all warrants heretofore issued for such purposes are hereby declared to be valid and legal obligations of the district so issuing the same. [1921 c 187 § 1; RRS § 4460.] Chapter 85.07 reason of a proposed drainage improvement, as near as may be. No answer to any such petition shall be required unless the party served with summons desires to offset damages claimed to have been actually sustained by reason of the completed improvement in addition to the damages found by the jury in the original proceeding, and no default judgment shall be taken for failure to answer any such petition. [1921 c 187 § 3; RRS § 4462.] 85.06.740 Costs in excess of estimate—Hearing by jury—Verdict. Upon the issues being made up, or upon the lapse of time within which the parties served are required to appear by any summons issued as provided in the preceding section, the court shall empanel a jury to hear and determine the matters in issue, and if the jury shall find that the matters set forth in the petition are true and that any of the lands of the district have been benefited by the completed improvement, after offsetting any additional damages found to have been sustained by reason thereof, it shall determine and assess the benefits which have actually accrued, and shall specify in its verdict the respective amount of benefits per acre, if any, assessed to each particular tract of land, by legal subdivisions. [1921 c 187 § 4; RRS § 4463.] 85.06.740 85.06.720 85.06.720 Costs in excess of estimate—Petition to reopen original proceedings—Damages and benefits. Whenever the board of commissioners of any drainage district shall have heretofore issued any warrants of the district for the purpose of completing a system of drainage for such district so as to produce the benefits to the lands of the district found by the jury to be benefited by the proposed improvement as provided in the preceding section, and the total estimated maximum benefits found by the jury that would accrue to the lands of the district by reason of such proposed improvement are not sufficient to cover the actual cost of such improvement, including the cost of completing the same as hereinabove provided, the board of commissioners of such district shall file a petition in the superior court in the original proceeding for the determination of the damages and benefits to accrue from the proposed improvement, setting forth the facts, describing the lands that have been, in the judgment of the commissioners, actually benefited by the completed improvement, stating the estimated amount of benefits per acre that have accrued to each tract of land respectively, giving the name of the owner or reputed owner of such tract of land, and praying that the original proceedings be opened for further proceedings for the purpose of determining the benefits which have accrued to each tract of land actually benefited by the completed improvement. If the said board of commissioners fail or refuse to file such petition within sixty days after receipt of a written request so to do, signed by any warrant-holder, then the said warrant-holder shall have the right to file same. [1921 c 187 § 2; RRS § 4461.] 85.06.750 Costs in excess of estimate—Judgment— Appellate review. Upon the return of the verdict of the jury as provided in the preceding section, if it shall appear to the court that the total benefits found by the jury to have accrued to the lands of the district is equal to or exceeds the actual cost of the improvement including the increased cost of completing the same, the court shall enter its judgment in accordance therewith, as supplemental to and in lieu of the original decree fixing the benefits to the respective tracts of land, and thereafter the assessment and levy for the original cost of the construction of the improvement, including the indebtedness incurred for completing the improvement together with interest at the legal rate on the warrants issued therefor, and all assessments and levies if any, for the future maintenance of the drainage system described in the judgment shall be based upon the respective benefits determined and assessed against the respective tracts of land as specified in the judgment. Every person or corporation feeling himself or itself aggrieved by any such judgment may seek appellate review within thirty days after the entry thereof, and such review shall bring before the appellate court the propriety and justness of the verdict of the jury in respect to the parties to the proceeding. [1988 c 202 § 76; 1971 c 81 § 161; 1921 c 187 § 5; RRS § 4464.] 85.06.750 Severability—1988 c 202: See note following RCW 2.24.050. Chapter 85.07 Chapter 85.07 RCW MISCELLANEOUS DIKING AND DRAINAGE PROVISIONS 85.06.730 85.06.730 Costs in excess of estimate—Summons on petition—Contents—Service—Answer. Upon the filing of the petition provided for in the preceding section, summons shall issue thereon and be served on the owners of all lands described in the petition as having been benefited, in the same manner as summons is issued and served in the original proceedings for the determination of damages and benefits by (2008 Ed.) Sections 85.07.010 85.07.040 85.07.050 85.07.060 85.07.070 85.07.090 Lease of equipment authorized—Disposition of proceeds. Benefit to public road, how paid. Basis of supplemental assessments. Funding bonds—Authority to issue. Funding bonds—Form, term, execution, interest. Funding bonds—Outstanding warrants due when sale proceeds received—Call. [Title 85 RCW—page 27] 85.07.010 85.07.100 85.07.110 85.07.120 85.07.130 85.07.140 85.07.150 85.07.160 85.07.170 Title 85 RCW: Diking and Drainage Funding bonds—Exchange for warrants. Funding bonds—Assessments for payment—Special fund. Funding bonds—Call—Payment. Civil action to strike land from assessment roll—Costs. Civil action to strike land from assessment roll—Court decree—Subsequent restoration to rolls, procedure. Adjustment of indebtedness with state. Disincorporation of diking and drainage district located in county with a population of two hundred ten thousand or more and inactive for five years. Additional powers relating to diking and drainage works— Duties of department of transportation. 85.07.010 Lease of equipment authorized—Disposition of proceeds. The commissioners of any diking or drainage district organized under the laws of this state, shall have power and authority to rent any machinery, tools or equipment belonging to such district, to any individual or corporation for hire under such conditions regarding the care and maintenance thereof as the commissioners may determine; and all sums of money received for the rent thereof shall be paid into the county treasury, to the credit of the district. [1979 ex.s. c 30 § 18; 1917 c 104 § 1; RRS § 4517. Formerly RCW 85.04.215.] 85.07.010 85.07.040 Benefit to public road, how paid. Whenever, upon the trial to fix and assess the benefits and damages resulting from the construction of any diking or drainage system under the laws of this state, the jury shall find by its verdict that any public or county road will be benefited from the construction of such improvement, the clerk of the court in which such trial is had shall, upon the entry of the judgment upon such verdict, certify to the board of county commissioners of the county in which such road is situated the amount of benefits to such road so found and adjudged. The said county commissioners shall, upon the receipt of such certified statement, allow the same as for other road work and shall order the amount thereof to be paid out of the road and bridge fund of the road district in which the road so benefited is situated, and shall direct the auditor of said county to issue a warrant for the amount of such benefits against the road and bridge fund of such road district in favor of the county treasurer of said county. The said county treasurer shall, upon the payment of said warrant, place the proceeds therefrom to the credit of the drainage or diking district from which such benefits resulted. [1909 c 194 § 1; RRS § 4314. Formerly RCW 85.04.085, part.] 85.07.040 Counties to contribute for benefit to road: RCW 85.24.240. 85.07.050 Basis of supplemental assessments. Any additional assessments for the construction of any diking or drainage system, and also all assessments for the maintenance of same shall be based upon the benefits so found and adjudged, and the proportion of benefits resulting to such public or county road therefrom, on such basis, shall be allowed and paid for by such county in the same manner as in the case of the original construction. [1909 c 194 § 2; RRS § 4315. Formerly RCW 85.04.085, part and 85.04.090.] 85.07.050 shall be sold for less than their par value. They may be sold at public or private sale. Any department or agency of the state of Washington having power to invest funds is hereby authorized and empowered to use the same to buy such bonds. (2) Such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 189; 1935 c 103 § 1; RRS § 4459-11. Formerly RCW 85.04.140, part.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 85.07.070 Funding bonds—Form, term, execution, interest. (1) Said bonds shall be numbered consecutively from one upwards and shall be in denominations of not less than one hundred dollars nor more than one thousand dollars each. They shall bear the date of issue, shall be made payable in not more than ten years from the date of their issue, and shall bear interest at a rate or rates as authorized by the board of commissioners, payable annually. The bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. The bonds and any coupon shall be signed by the chairman of the board of commissioners of each district and shall be attested by the secretary of said board. The seal, if any, of such district shall be affixed to each bond, but it need not be affixed to any coupon. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 190; 1970 ex.s. c 56 § 91; 1969 ex.s. c 232 § 53; 1935 c 103 § 2; RRS § 4459-12. Formerly RCW 85.04.145.] 85.07.070 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 85.07.090 Funding bonds—Outstanding warrants due when sale proceeds received—Call. All outstanding warrants of such district so sought to be redeemed shall become due and payable immediately upon receipt by the county treasurer of the money from the sale of said bonds; and upon a call of such outstanding warrants or obligations issued by him, the same shall cease to draw interest at the end of thirty days after the date of the first publication of such call. The call shall be made by the treasurer by publishing notice thereof for two consecutive weeks in the county paper authorized to do the county printing. The notice shall designate the number of each warrant sought to be redeemed. [1935 c 103 § 4; RRS § 4459-14. Formerly RCW 85.04.175.] 85.07.090 85.07.100 Funding bonds—Exchange for warrants. Said bonds may be exchanged at not less than their par value for an equal amount of the outstanding warrants of the district issuing such bonds. [1935 c 103 § 5; RRS § 4459-15. Formerly RCW 85.04.140, part.] 85.07.100 85.07.110 Funding bonds—Assessments for payment—Special fund. It shall be the duty of the commissioners of such district annually to levy assessments sufficient to pay interest on such bonds as they fall due. They may at any time levy such additional assessment as they deem best to redeem and retire such bonds. Commencing not less than five 85.07.110 85.07.060 Funding bonds—Authority to issue. (1) Any board of commissioners of any diking or drainage district may, at any time, without petition and on its own motion, issue bonds of such district for the purpose of funding any outstanding warrants of such district. No bonds so issued 85.07.060 [Title 85 RCW—page 28] (2008 Ed.) Miscellaneous Diking and Drainage Provisions years before the due date of such bonds, they shall determine the number of equal annual levies necessary to retire such bonds at maturity, and annually thereafter levy an assessment sufficient to liquidate all of said bonds by maturity. Such levies for interest and redemption of the bonds shall be added to the annual cost of the maintenance of the diking or drainage system of said district. Such assessments shall be collected by the county treasurer and kept as a special fund for the sole purpose of paying interest upon and liquidating said bonds. [1983 c 167 § 192; 1935 c 103 § 6; RRS § 4459-16. Formerly RCW 85.04.160, part.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 85.07.120 Funding bonds—Call—Payment. It shall be the duty of the county treasurer of each county in which there may be a district issuing bonds under the provisions of RCW 85.07.060 through 85.07.120, whenever he has on hand one thousand dollars over and above interest requirements in the special fund for the payment of said bonds and interest, to advertise in the newspaper doing the county printing, for the presentation to him for payment of as many of the bonds issued under the provisions of RCW 85.07.060 through 85.07.120 as he may be able to pay with the funds in his hands. The bonds shall be redeemed and paid in their numerical order, beginning with bond No. 1 and continuing until all of said bonds are paid. The treasurer’s call for presentation and redemption of such bonds shall state the number of the bond or bonds so called. Thirty days after the first publication of said notice of the treasurer calling any of said bonds by their numbers, such bonds shall cease to bear interest, and the notice of call shall so state. If any bond so called is not presented, the treasurer shall hold in said fund until presentation of such bond is made, the amount of money sufficient to redeem the same with interest thereon to the date interest was terminated by such call. [1935 c 103 § 7; RRS § 4459-17. Formerly RCW 85.04.150.] 85.07.120 85.07.130 Civil action to strike land from assessment roll—Costs. Whenever any piece of land in any diking or drainage district in this state shall cease to be susceptible to benefit from the diking and/or drainage improvement of such district, the owner thereof may bring civil action in the superior court of the county wherein such property is situated, against the board of commissioners of such district in their official capacity, to have such property stricken from the assessment roll for such district. The procedure shall be that of other civil actions, except no judgment for costs shall be entered against such district in such proceedings. [1935 c 102 § 1; RRS § 4360-1. Formerly RCW 85.04.180.] 85.07.130 85.07.140 Civil action to strike land from assessment roll—Court decree—Subsequent restoration to rolls, procedure. If the court is satisfied that the status of said property has changed so that it is no longer susceptible to benefit from the improvement of such district and should be removed from the assessment roll thereof, and it be established that all benefits assessed against said lands up to the date of trial have been paid, such court may enter a decree striking such land from the assessment roll of said district, and it shall not be 85.07.140 (2008 Ed.) 85.07.170 subject to future assessment for benefits or maintenance by such district, unless, thereafter, it is again brought into such districts by the proceedings provided by law to extend the district or include benefited property which is not assessed. Nothing herein shall prevent such property from being again brought into said district in the manner provided by law generally for the inclusion of benefited property, if it appear at a future date that said property will receive benefits from the improvement in such district. Upon entry of such decree of the court a certified copy thereof shall be filed in the office of the auditor of such county wherein the property is situated, and upon receipt thereof, he shall correct the assessment roll of said district accordingly and strike the property therefrom. [1935 c 102 § 2; RRS § 4360-2. Formerly RCW 85.04.185.] 85.07.150 85.07.150 Adjustment of indebtedness with state. See chapter 87.64 RCW. 85.07.160 85.07.160 Disincorporation of diking and drainage district located in county with a population of two hundred ten thousand or more and inactive for five years. See chapter 57.90 RCW. 85.07.170 85.07.170 Additional powers relating to diking and drainage works—Duties of department of transportation. (1) The commissioners of any drainage or diking district shall have power, on behalf of the district, to acquire, place, repair and maintain, dikes and dams, ditches, drains and outlets therefor, together with right-of-way therefor and access thereto, or obtain rights therein or full or joint use and maintenance thereof, when deemed by them necessary or beneficial for the protection of the district’s system or its improvements, by eminent domain, purchase, or contract, with the owners or other districts through their commissioners, or other entities or persons together with power to contract by and with other districts or entities with reference to such matters and their performance. (2) If the commissioners of any drainage or diking district determine that repair or maintenance is required on any drainage facilities, including dikes and dams, ditches, and drains and outlets, that are on land owned by or under the jurisdiction of the department of transportation, they may give notice in writing to the department requesting that the department make the necessary repair or maintenance pursuant to the department’s obligations under RCW 47.01.260. If the specified repair or maintenance is not conducted by the department within fourteen days upon receipt of the notice, the district commissioners may independently make the repair or maintenance. The department shall then reimburse the district for all reasonable costs incurred by the district associated with the repair or maintenance. (3) The provisions of this section shall be construed as cumulative and shall not derogate from any other powers authorized by law for such districts. [2006 c 368 § 1; 1963 c 96 § 1.] [Title 85 RCW—page 29] Chapter 85.08 Title 85 RCW: Diking and Drainage Chapter 85.08 RCW DIKING, DRAINAGE, AND SEWERAGE IMPROVEMENT DISTRICTS Chapter 85.08 Sections 85.08.010 85.08.015 85.08.025 85.08.190 85.08.200 85.08.210 85.08.220 85.08.230 85.08.285 85.08.300 85.08.305 85.08.310 85.08.320 85.08.340 85.08.360 85.08.370 85.08.375 85.08.380 85.08.385 85.08.390 85.08.400 85.08.410 85.08.420 85.08.430 85.08.440 85.08.450 85.08.460 85.08.470 85.08.480 85.08.490 85.08.500 85.08.510 85.08.520 85.08.530 85.08.540 85.08.560 85.08.565 85.08.570 85.08.630 85.08.640 85.08.650 85.08.660 85.08.670 85.08.680 85.08.690 85.08.820 85.08.830 85.08.840 85.08.850 85.08.860 85.08.870 85.08.880 85.08.890 85.08.895 85.08.900 85.08.905 85.08.910 Definitions. Certain powers and rights governed by chapter 85.38 RCW. Voting rights. Eminent domain—Consolidation of actions. Verdict to fix damages and benefits—Judgment. Warrant for damages. Construction to be directed, when. Levy for preliminary expenses—Collection—"Preliminary expenses" defined. Special assessment bonds. Supervisors—Election—Duties. Supervisors—Terms of office—County engineer to act as supervisor. Construction of improvements—Contracts with United States. Compensation and expenses of officers and employees— Costs paid by voucher, payroll, or warrant. Crossing roads or public utilities—Procedure—Costs. Total costs—Apportionment—Board of appraisers. Benefits to public roads, sewer systems—Apportionment of cost against city, county and state. Benefits to state lands—Apportionment of costs. Benefits to and protection from irrigation system. Drainage ditches along highway, etc. Schedule of property and benefits—Filing. Hearing on schedule—Notice—Levy of assessment—State lands. Schedule approved or modified—Maintenance assessment. Assessment roll—Form—Notice—Publication. Payment of assessments—Interest—Lien. Appeal from apportionment—Procedure—Appellate review. Regularity and validity of proceedings conclusive. District liable on judgments—Supplemental levy. District funds. Collection of assessments—Certificates of delinquency— Foreclosure. Title acquired at sale—Foreclosure for general taxes—Lien of assessments preserved. Resale or lease by county—Disposition of proceeds—Tax statements. Invalid levy—Reassessment. Supplemental assessments. Levies against county, city or town, how paid. Abandonment or change in system—Subdistricts. Extension of existing system—Apportionment of cost. Special assessments—Budgets—Alternative methods. Districts in two or more counties—Notice—Hearings. Waters developed—Defined—Disposal of. Waters developed—Contracts for use and sale. Waters developed—Application for use. Waters developed—Notice of hearing—Form of application—Bond. Prosecuting attorney—Duties. Rules and regulations. Penalty for injury to or interference with improvement. Drainage bonds owned by state—Cancellation of interest and assessments—Levy omitted. Merger of improvement district with irrigation district— Authorized. Merger of improvement district with irrigation district—Jurisdiction to hear, supervise and conduct proceedings—Clerk, notice, records. Merger of improvement district with irrigation district—Petition—Signing—Presentation. Merger of improvement district with irrigation district— Assent by irrigation district—Election, order, notice. Merger of improvement district with irrigation district— Notice, contents—Election, ballots. Merger of improvement district with irrigation district—Proceedings and costs on approval or disapproval. Merger of improvement district with irrigation district—Prior indebtedness. Annexation of territory—Consolidation of special districts— Suspension of operations—Reactivation. Alternative methods of formation of improvement districts. Sewerage improvement districts—Powers. Sewerage improvement districts located in counties with populations of from forty thousand to less than seventy thousand become water-sewer districts. [Title 85 RCW—page 30] 85.08.920 Sewerage improvement districts operating as sewer districts become water-sewer districts—Procedure. Reviser’s note: Chapter 85.08 RCW is almost entirely composed of chapter 176, Laws of 1913, the basic drainage improvement district act, as it has been amended and added to by subsequent legislation. Chapter 130, Laws of 1917 and chapter 157, Laws of 1921 are primarily express amendments to such basic act, however, also contained in such acts were several sections not expressly amendatory of the basic act but which are in pari materia therewith; therefore, such other sections are also codified in this chapter. Further, RCW 85.08.820 contains an independent session law which is in pari materia and so closely connected with the subject matter of this chapter that it has been codified herein. Thus, throughout chapter 85.08 RCW the term "this act" has been translated to read "this chapter" unless because of peculiar circumstances other treatment is required in which case it is specially noted. Repeal and saving (1913 c 176 § 39): "Sec. 39. Chapter LXVI of the Laws of 1901 is hereby repealed, saving and excepting, however, that the provisions of said act shall continue in force and effect and shall be applicable to and shall govern all proceedings, rights and powers, in the case of ditches already contracted for, or under construction under said act, and in the case of the maintenance of the same for the current year 1913; and the method of supervision, construction, payment for the work, apportionment of costs, and assessment and collection thereof, delinquency and foreclosing thereof and penalties therefor, and all other proceedings in regard to the same, shall be as in said chapter LXVI of Laws of 1901 prescribed: PROVIDED, HOWEVER, That with the consent of the holders of warrants heretofore issued or hereafter issued for work already begun or contracted for under said act, or with the consent of the contractor engaged in constructing any ditch or drainage system under said act, the provisions of this act in regard to the funding of such warrants with bonds, or the payment for work with bonds and the issuance and sale thereof, and all provisions in regard to such issuing of bonds, shall be applicable to such outstanding warrants or work already begun or contracts let for work. And in such event and to the extent of the costs so acquiesced in by warrant holders or contractors, all the provisions of this act in regard to the method of payment, form, issuing and sale, of bonds and warrants, extension of the assessment over a term of years, collecting, delinquency, interest and foreclosure of the assessments, and all other proceedings in regard thereto shall be as in this act provided. In such event the county commissioners shall prescribe the method and time of payment of the assessments and whether bonds shall be issued and perform any other proper act in regard to the same, at a special meeting called for that purpose, or at the hearing on the apportionment of costs provided for in section 30 hereof. PROVIDED, ALSO, That in case any of the provisions of this act shall be applied to any proceedings in regard to any ditch begun under said chapter LXVI of the Laws of 1901 and the same shall be held not to be legally applicable thereto by a court of competent jurisdiction, then appropriate and proper proceedings for the performance of said acts or duties shall be had and done in regard thereto, as in said chapter LXVI of the Laws of 1901 provided. And from the time any such drainage district organized and existing under the provisions of said chapter LXVI of the Laws of 1901, shall be brought under the provisions of this act, said district shall be known and designated in all proceedings and records relating thereto, as Drainage Improvement District No. . . . . of . . . . . . County, retaining its original serial number. Nothing in this act contained shall be construed as in anywise modifying or repealing any of the provisions of chapter CXV of the Laws of 1895, or the acts amendatory thereof or supplemental thereto, or affecting any proceeding heretofore or that may hereafter be had under the provisions of said act." Applicability of prior laws (1913 c 176 § 40): "Sec. 40. Except as specified in the foregoing section, all of the provisions of this act, instead of said chapter LXVI of the Laws of 1901, shall be applicable to and shall govern and be the law in all respects, in regard to all ditches and drainage systems now existing, initiated or applied for under said chapter LXVI of the Laws of 1901, and all powers hereby vested in or granted to all boards and officers under this act shall be vested in such boards and officers that shall hereafter have charge of the work, or administering of the affairs of such ditches and drainage systems, and the districts in which they lie." Severability (1913 c 176 § 41): "Sec. 41. An adjudication that any section, paragraph, or portion of this act, or any provision thereof, or proceeding provided for therein, is unconstitutional or invalid shall not affect or determine the constitutionality, or validity, of this act as a whole or of any other portion or provisions thereof, and all provisions of this act not adjudicated to be unconstitutional shall be and remain in full force and effect and shall be operative until specifically adjudicated to be unconstitutional or invalid." (2008 Ed.) Diking, Drainage, and Sewerage Improvement Districts Dissolution of inactive special purpose districts: Chapter 36.96 RCW. Local governmental organizations, actions affecting boundaries, etc., review by boundary review boards: Chapter 36.93 RCW. 85.08.200 ceedings heretofore or that may hereafter be had under the provisions of said acts." County road engineer: Chapter 36.80 RCW. Special district creation and operation: Chapter 85.38 RCW. 85.08.015 Certain powers and rights governed by chapter 85.38 RCW. Diking, drainage, or sewerage improvement districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 33.] 85.08.015 85.08.010 Definitions. "System", "improvement", and "system of improvement", as used in this chapter, shall be held to include a dike, ditch, drain or watercourse, or sewer, and any side, lateral, spur or branch dike, ditch, drain or watercourse, or sewer, or other structure, necessary to secure the object of the improvement. Any number of dikes, ditches, drains or watercourses, or sewers, with their laterals, spurs, and branches with separate outlets, or in the case of sewers with one or more septic tanks, may constitute one system for the protection or reclamation of the land included in any district. But no system shall be established or constructed unless sufficient outlet or outlets, or in the case of sewers, sufficient septic tank or tanks, are provided for any drainage or sewerage of such district. Such outlet or outlets, or septic tank or tanks, may be either within or without the boundaries of the improvement district hereinafter provided for. Any natural watercourse may be improved in accordance with the provisions of this chapter. "Damages", as used in this chapter, shall be held to include the value of the property taken and injury to property not taken, or either, as the case may be. "Property benefited" and "property damaged", as used in this chapter, shall be held to include land, platted or unplatted, whether subject to or exempt from general taxation, and roads other than public roads. "Public roads", as used in this chapter, shall be held to include state and county roads, streets, alleys and other public places; and "other roads", as used in this chapter shall be held to include railroads, street railroads, interurban railroads, logging roads, tramways and private roads and the right-of-way, roadbeds and tracks thereof. "Public utilities", as used in this chapter, shall be held to include irrigation, power and other canals, flumes, conduits and ditches, telegraph, telephone and electric transmission and pole lines, and oil, gas and other pipe lines. "County engineer", as used in this chapter, shall be held to include any engineer specially employed by the board of county commissioners or the board of supervisors to report upon and prepare plans for or to superintend the construction of a system or the maintenance thereof under the provisions of this chapter. "Prosecuting attorney", as used in this chapter, shall be held to include any attorney specially employed by the board of county commissioners in connection with the carrying out of the provisions of this chapter to advise or carry on proceedings in court with reference to a system of improvement initiated and constructed under the provisions of this chapter. [1923 c 46 § 2; 1917 c 130 § 13; 1913 c 176 § 2; RRS § 4406. FORMER PART OF SECTION: 1925 ex.s. c 189 § 1, part, now codified as RCW 85.08.230.] 85.08.010 Reviser’s note: The term "county engineer" is defined in the last paragraph of this section. Throughout this chapter the terms "engineer," "district engineer," and "county engineer" appear to have been used interchangeably in the session laws and the usage of the latest session law language has been retained herein. Inapplicability of prior laws (1917 c 130 § 39): "Sec. 39. Nothing in this act contained shall be construed as in anywise modifying or repealing any of the provisions of chapter 115 or of chapter 117 of the Laws of 1895, or the acts amendatory thereof or supplemental thereto, or affecting any pro(2008 Ed.) Severability—1985 c 396: See RCW 85.38.900. 85.08.025 Voting rights. Each qualified voter of a diking improvement or drainage improvement district who owns more than ten acres of land within the district shall be entitled to two additional votes for each ten acres or major fraction thereof located within the district, up to a maximum total of forty votes for any voter, or in the case of community property, a maximum total of twenty votes per member of the marital community: PROVIDED, That this additional voting provision shall only apply in districts that were not in operation and did not have improvements as of May 14, 1925. [1991 c 349 § 3; 1985 c 396 § 21. Formerly RCW 85.05.015.] 85.08.025 Severability—1985 c 396: See RCW 85.38.900. 85.08.190 Eminent domain—Consolidation of actions. For the purpose of taking or damaging property for the purposes of this chapter, counties shall have and exercise the power of eminent domain in behalf of the proposed improvement district, and the mode of procedure therefor shall be as provided by law for the condemnation of lands by counties for public highways: PROVIDED, That the county, at its option, pursuant to resolution to that end duly passed by the board of county commissioners, may unite in a single action, proceedings for the acquisition and condemnation of different tracts of land required for rights-of-way which are held by separate owners. The court may, on motion of any party, consolidate into a single action separate suits for the condemnation of different tracts of land held by separate owners whenever from motives of economy or the expediting of business it appears advisable to do so. In such cases the jury shall render separate verdicts for the different tracts of land. [1917 c 130 § 21; 1913 c 176 § 13; RRS § 4418.] 85.08.190 85.08.200 Verdict to fix damages and benefits— Judgment. The jury in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the jury, in determining the amount of damages, shall take into consideration the benefits, if any, that will accrue to the property damaged by reason of the proposed improvement, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of benefits that will accrue. If it shall appear by the verdict of the jury that the gross damages exceed the gross benefits, judgment shall be entered against the county, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over the benefits, and for the costs of the proceedings, and upon payment of the judgment into the registry of the court for the owner or owners, a decree of appropriation shall be entered, 85.08.200 [Title 85 RCW—page 31] 85.08.210 Title 85 RCW: Diking and Drainage vesting the title to the property appropriated in the county for the benefit of the improvement district. If it shall appear by the verdict that the gross benefits as found by the jury equal or exceed the gross damages, judgment shall be entered against the county and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall be entered, vesting the title to the property appropriated in the county for the benefit of the improvement district. The verdict and findings of the jury as to damages and benefits shall be binding upon the board appointed to apportion the cost of the improvement upon the property benefited as hereinafter provided. [1913 c 176 § 14; RRS § 4419.] 85.08.210 Warrant for damages. Upon the entry of judgment as provided in RCW 85.08.200, the county auditor shall, under the direction of the county legislative authority, draw a warrant upon the county treasurer for the payment of the amount of damages agreed to or the amount of the judgment, as the case may be, to be paid out of the current expense fund of the county. [1986 c 278 § 31; 1913 c 176 § 15; RRS § 4420.] 85.08.210 Severability—1986 c 278: See note following RCW 36.01.010. 85.08.220 Construction to be directed, when. When the board of county commissioners shall have finally determined and fixed the route and plans for the proposed system of improvement and the boundaries of the improvement district, and when it shall appear that the damages for property to be taken or damaged have been settled in the manner hereinabove provided, or when it shall appear that such damages have been settled as to a particular portion of the proposed improvement, and that construction of such portion of such proposed improvement is feasible, thereupon such system of improvement or such portion thereof, as the case may be, shall be constructed in the manner hereinafter provided. [1917 c 130 § 22; 1913 c 176 § 16; RRS § 4421.] 85.08.220 85.08.230 Levy for preliminary expenses—Collection—"Preliminary expenses" defined. Whenever the board of county commissioners has passed a resolution establishing a district, the county commissioners may at their meeting on the first Monday in October next ensuing and at the same time in each year thereafter until the improvement has been completed and a statement of total costs has been filed, levy an assessment against the property within the district to defray the preliminary expenses of the district, the levy to be based upon the estimated benefits as shown by the report of the county engineer on file in the auditor’s office. The assessment so made shall be considered and credited to the respective pieces of property by the board of appraisers and by the county commissioners at the hearing on the assessment roll and the final apportionment. The preliminary assessments herein provided for shall be levied and collected in the same manner as the final assessment and shall be credited to the construction fund and used for the redemption of warrants issued against the same. Preliminary expenses shall mean all of the expenses incurred in the proceedings for the organization of the district and in other ways prior to the beginning of the actual construction of the improvement. 85.08.230 [Title 85 RCW—page 32] [1925 ex.s. c 189 § 1; RRS § 4421-1. Formerly RCW 85.08.010, part and 85.08.230.] 85.08.285 Special assessment bonds. Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [1986 c 278 § 25.] 85.08.285 Severability—1986 c 278: See note following RCW 36.01.010. 85.08.300 Supervisors—Election—Duties. The board of supervisors of the district shall consist of three elected supervisors. The initial supervisors shall be appointed, and the first elected supervisor elected, as provided in chapter 85.38 RCW. The board of supervisors shall have charge of the construction and maintenance of the systems of improvements, subject to the limitations hereinafter set forth, and may employ a superintendent of construction and maintenance who may be one of the two elected supervisors. The supervisors may be employed upon the construction or maintenance, receiving the same compensation as other labor of like character. When a district contains not more than five hundred acres, or when a petition is presented to the county legislative authority signed by the owners of fifty percent of the acreage of the district praying for such action, the county engineer shall act as the sole supervisor of the district; and in such case the allowance of all claims against the district shall be by the county legislative authority. [1985 c 396 § 45; 1965 c 120 § 1; 1955 c 338 § 1; 1921 c 157 § 4; 1917 c 130 § 26; 1913 c 176 § 20; RRS § 4425.] 85.08.300 Severability—1985 c 396: See RCW 85.38.900. 85.08.305 Supervisors—Terms of office—County engineer to act as supervisor. The county engineer shall continue to act as a supervisor of a diking, drainage, or sewerage improvement district that is governed by a three-member board of supervisors until a replacement assumes office after being elected at the 1987 special district general election. At that election two supervisors shall be elected, with the person receiving the greatest number of votes being elected to a six-year term, and the person receiving the second greatest number of votes being elected to a four-year term. Thereafter, all supervisors shall be elected to six-year terms. [1985 c 396 § 23.] 85.08.305 Severability—1985 c 396: See RCW 85.38.900. 85.08.310 Construction of improvements—Contracts with United States. The said board of supervisors shall, immediately upon their election and qualification, begin the construction of such system of improvement and shall proceed with the construction thereof in accordance with the plans adopted therefor. In the construction of any system of drainage, construction shall be begun at the outlet or outlets thereof and at such other points as may be deemed advisable from time to time. In the construction of any system of improvement the board of supervisors with the approval of the board of county commissioners may modify, curtail, enlarge or add to the original plans wherever the same may be found necessary or advisable in the course of actual construction. But such changes shall not in the aggregate increase the estimated cost of the entire system by more than 85.08.310 (2008 Ed.) Diking, Drainage, and Sewerage Improvement Districts one-fifth, and all additional or different rights-of-way required shall be obtained as hereinbefore prescribed. The board of county commissioners may in its discretion let the construction of said system or any portion thereof by contract, in the manner provided for letting contracts for the construction of county roads and bridges. The board of county commissioners may, upon such terms as may be agreed upon by the United States acting in pursuance of the National Reclamation Act approved June 17, 1902 (32 Statutes at Large 388), and the acts amendatory thereof and supplemental thereto, or in pursuance to any other act of congress appropriate to the purpose, contract for the construction of the system of improvement or any part thereof, by the United States, or in cooperation with the United States therein. In such case, no bond shall be required, and the work shall be done under the supervision and control of the proper officers of the United States. Unless the work of construction is let by contract as hereinbefore provided, or for such part of such work as is not covered by contract, the board of supervisors shall employ such number of men as shall be necessary to successfully carry on the work of such construction, and shall give preference in such employment to persons owning land to be benefited by the improvement. The provisions of this section shall not be construed as denying to the supervisors, in case the construction work is left in their hands, the power to enter into an agreement with any contractor to furnish labor, material, equipment and skilled supervision, the contractor to be compensated upon the basis of a specific sum, or upon a percentage of the cost of the work, the services of the contractor to cover the use of equipment and the value of skilled supervision: PROVIDED, HOWEVER, That there is retained in the said board by the contract the right of termination thereof at any time, on reasonable notice, and fixing in the said contract, or reserving in said board, the right to fix the rates of wages to be paid to the men employed in said work. The board of supervisors may also let contracts in such manner and on such notice as they deem advisable for items of construction not exceeding one thousand dollars in amount of expenditures. [1921 c 157 § 5; 1917 c 130 § 27; 1913 c 176 § 22; RRS § 4427.] 85.08.320 Compensation and expenses of officers and employees—Costs paid by voucher, payroll, or warrant. The compensation of the superintendent of construction, the board of appraisers hereinafter provided for, and any special engineer, attorney or agent employed by the district in connection with the improvement, the maximum wages to be paid, and the maximum price of materials to be used, shall be fixed by the district board of supervisors. Members of the board of supervisors may receive compensation up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the district, or in performance of other official services or duties on behalf of the district: PROVIDED, That such compensation shall not exceed eight thousand six hundred forty dollars in one calendar year. Each supervisor shall be entitled to reimbursement for reasonable expenses actually incurred in connection with business, including subsistence and lodging while away from the supervisor’s place of residence and mileage for use of a privately owned vehicle in accordance with chapter 42.24 85.08.320 (2008 Ed.) 85.08.340 RCW. All costs of construction or maintenance done under the direction of the board of supervisors shall be paid upon vouchers or payrolls verified by two of the said supervisors. All costs of construction and all other expenses, fees and charges on account of such improvement shall be paid by warrants drawn by the county auditor upon the county treasurer upon the proper fund, and shall draw interest at a rate determined by the county legislative authority until paid or called by the county treasurer as warrants of the county are called. Any supervisor may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the supervisor’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 10; 1998 c 121 § 10; 1991 c 349 § 22; 1986 c 278 § 32; 1985 c 396 § 46; 1981 c 156 § 23; 1917 c 130 § 28; 1913 c 176 § 23; RRS § 4428. Formerly RCW 85.08.320 and 85.08.330.] Severability—1986 c 278: See note following RCW 36.01.010. Severability—1985 c 396: See RCW 85.38.900. 85.08.340 Crossing roads or public utilities—Procedure—Costs. Whenever in the progress of the construction of the system of improvement it shall become necessary to construct a portion of such system across any public or other road or public utility, the board of supervisors, or in case the work is being done by contract the board of county commissioners, shall serve notice in writing upon the public officers, corporation or person having charge of, or controlling or owning such road or public utility, as the case may be, of the 85.08.340 [Title 85 RCW—page 33] 85.08.360 Title 85 RCW: Diking and Drainage present necessity of such crossing, giving the location, kind, dimensions and requirement thereof, for the purpose of the system of improvement, and stating a reasonable time, to be fixed by the county engineer, within which plans for such crossing must be filed for approval in case the public officers, corporation or person controlling or owning such road or public utility desire to construct such crossing. As soon as convenient, within the time fixed in the notice, the public officers, corporation or person shall, if they desire to construct such crossing, prepare and submit to the county engineer for approval duplicate detailed plans and specifications for such crossing. Upon submission of such plans, the county engineer shall examine and may modify the same to meet the requirements of the system of improvement, and when such plans or modified plans are satisfactory to the county engineer he shall approve the same and return one thereof to the public officers, corporation or person submitting the same, and file the duplicate in his office, and shall notify such public officers, corporation or person of the time within which said crossing must be constructed. Upon the return of such approved plans, the public officers, corporation or person controlling such road or public utility shall, within the time fixed by the county engineer, construct such crossing in accordance with the approved plans, and shall thereafter maintain the same. In case such public officers, corporation or person controlling or owning such road or public utility shall fail to file plans for such crossing within the time prescribed in the notice, the board of supervisors or of county commissioners, as the case may be, shall proceed with the construction of such crossing in such manner as will cause no unnecessary injury to or interference with such road or public utility. The cost of construction and maintenance of only such crossings or such portion of such cost as would not have been necessary but for the construction of the system of improvement shall be a proper charge against the improvement district, and only so much of such cost as the board of county commissioners shall deem reasonable shall be allowed as a charge against the district in the case of crossings constructed by others than the district. The amount of costs of construction allowed as a charge against the district by the board of county commissioners shall be credited on the assessments against the property on which the crossing is constructed, and any excess over such assessment shall be paid out of the funds of the district. [1917 c 130 § 29; 1913 c 176 § 24; RRS § 4429. Formerly RCW 85.08.340 and 85.08.350.] 85.08.360 Total costs—Apportionment—Board of appraisers. When the improvement is fully completed and accepted by the county engineer, the clerk of the board shall compile and file with the board of county commissioners an itemized statement of the total cost of construction, including engineering and election expenses, the cost of publishing and posting notices, damages and costs allowed or awarded for property taken or damaged, including compensation of attorneys, including the costs of crossings constructed by the district and the cost of crossings constructed by others and allowed by the board of county commissioners, and including the sum paid or to be paid to the United States, and the discount, if any, on the bonds and warrants sold and including all other costs and expenses, including fees, per diem and necessary expenses of nonsalaried officers incurred in con85.08.360 [Title 85 RCW—page 34] nection with the improvement, together with interest on such costs and expenses from the time when incurred at the rate of interest borne by the warrants issued for the cost of construction. There shall also be included in said statement, in case the county engineer is a salaried officer, a statement of the services performed by him in connection with said improvement at a per diem of five dollars per day and his necessary expenses, and a reasonable sum to be fixed by the board of county commissioners on account of the services rendered by the prosecuting attorney. Upon the filing of such statement of costs and expenses the board of county commissioners shall revise and correct the same if necessary and add thereto a reasonable sum which shall be not less than five percent nor more than ten percent of the total thereof in drainage improvement districts, and not less than ten percent nor more than fifteen percent of the total thereof in diking improvement districts, to cover possible errors in the statement or the apportionment hereinafter provided for, and the cost of such apportionment and other subsequent expenses, and interest on the costs of construction from the date of the statement until fifty days after the filing of the assessment roll with the treasurer; and unless the same have been previously appointed, shall appoint a board of appraisers consisting of the county engineer and two other competent persons, to apportion the grand total as contained in said statement as hereinafter provided. Each member of said board of appraisers shall take, subscribe and file with the board of county commissioners an oath to faithfully and impartially perform his duties to the best of his ability in making said apportionment, and said board of appraisers shall proceed to carefully examine the system and the public and private property within the district and fairly, justly and equitably apportion the grand total cost of the improvement against the property and the county or counties, cities and towns within the district, in proportion to the benefits accruing thereto. [1917 c 130 § 30; 1913 c 176 § 25; RRS § 4430.] 85.08.370 Benefits to public roads, sewer systems— Apportionment of cost against city, county and state. Whenever any system of improvement constructed under the provisions of this chapter will drain, protect or otherwise improve the whole or any part of any public road, roadbed or track thereof, or where any such system of improvement will furnish an outlet for or facilitate the construction or maintenance of any sewer system in any city or town, there shall be apportioned against the state, in the case of state primary and secondary highways, and against the county in which any other such state or county road outside of any incorporated city or town is located, or against the city or town in which any such public road is located, or against any such other road or part thereof so drained, protected or otherwise improved, or against the city or town for which an outlet for sewage will be furnished or wherein the construction or maintenance of a sewer system will be facilitated, the proper amount of the total sum to be apportioned. The board of county commissioners may pay such portion as they deem proper of the amount assessed against the county on account of the drainage, protection or improvement of the roads, out of the funds of the road district in which such drainage, protection or improvement is made. The amount assessed against the state shall be paid out of the appropriate fund of the state. [1923 c 85.08.370 (2008 Ed.) Diking, Drainage, and Sewerage Improvement Districts 46 § 8; 1917 c 130 § 31; 1913 c 176 § 26; RRS § 4431. FORMER PART OF SECTION: 1913 c 176 § 28 now codified as RCW 85.08.375.] 85.08.375 85.08.375 Benefits to state lands—Apportionment of costs. There shall be apportioned against all state school, granted, and other lands, in the district the proper amount of the total sum to be apportioned in proportion to the benefits accruing thereto. [1913 c 176 § 28; RRS § 4433. Formerly RCW 85.08.370, part.] 85.08.380 85.08.380 Benefits to and protection from irrigation system. In the plans for and in the construction of a drainage system in an irrigated region, under the provisions of this chapter, provision may be made for the prevention of, or affording an outlet for drains to prevent, injury to land from seepage of or saturation by irrigation water, and for the carrying off of necessary waste water from irrigation, and benefits resulting from such provision shall be considered in making the apportionment of the cost of such system. [1913 c 176 § 27; RRS § 4432. FORMER PART OF SECTION: 1921 c 160 § 3 now codified as RCW 85.08.385.] 85.08.385 85.08.385 Drainage ditches along highway, etc. Drainage ditches of any drainage improvement district heretofore or hereafter created may be constructed and maintained along any public highway, street, alley or road within the limits of any drainage district. [1921 c 160 § 3; RRS § 4409. Formerly RCW 85.08.380, part.] 85.08.390 85.08.390 Schedule of property and benefits—Filing. Upon the completion of the apportionment the board of appraisers shall prepare upon suitable blanks, to be prescribed by the *bureau of inspection and supervision of public offices, sign and file with the clerk of the board of county commissioners a schedule giving the name of each county, city and town and the description of each piece of property found to be benefited by the improvement in the following order: First, counties, cities and towns and the respective amounts apportioned thereto for benefits accruing to public roads and sewer systems therein; second, other roads (1) railroads, (2) street railroads, (3) interurban railroads, (4) logging roads, and (5) tramways, giving the location of the particular portion or portions of each road benefited and the respective amounts apportioned thereto; third, unplatted lands giving a description of each tract arranged in the numerical order of the townships, ranges and sections, and giving the legal subdivisions and such other subdivisions and metes and bounds descriptions as may be necessary to show a different rate of apportionment, or different ownership, and giving the respective amounts apportioned to each tract; fourth, platted lands arranged by cities and towns and platted acreage in alphabetical order, giving under each the names of the plats in alphabetical order and the numbers of blocks and lots, and such other subdivisions and metes and bounds descriptions as may be necessary to show a different rate of apportionment, or different ownership, and giving the respective amounts apportioned to each plat, block, lot, or other description, as the case may be. [1913 c 176 § 29; RRS § 4434.] (2008 Ed.) 85.08.400 *Reviser’s note: The "bureau of inspection and supervision of public offices" has been abolished and its powers and duties transferred and devolved upon the state auditor through the division of municipal corporations by a chain of statutes as follows: 1921 c 7 §§ 55, 135; 1925 c 18 § 11; and 1927 c 280 § 11. The division of municipal corporations was repealed by 1995 c 301 § 79. 85.08.400 85.08.400 Hearing on schedule—Notice—Levy of assessment—State lands. Upon the filing of the schedule of apportionment, the county legislative authority shall fix the time and place for a hearing thereon, which time shall be not more than sixty days from the date of the filing of the schedule. Notice of the hearing shall be given in the manner provided for giving notice of a hearing in *RCW 85.08.150. The notice shall fix the time and place of the hearing on the roll, and shall state that the schedule of apportionment showing the amount of the cost of the improvement apportioned to each county, city, town, and piece of property benefited by the improvement is on file in the office of the county legislative authority and is open to public inspection, and shall notify all persons who may desire to object thereto that they may make their objections in writing and file them with the clerk of the county legislative authority at or before the date fixed for the hearing. The notice shall also state that at the time and place fixed and at such other times and places as the hearing may be continued to, the county legislative authority will sit as a board of equalization for the purpose of considering the schedule and at the hearing or hearings will also consider any objections made thereto, or any part thereof, and will correct, revise, raise, lower, change, or modify the schedule or any part thereof, or set aside the schedule and order that the apportionment be made de novo as to such body shall appear just and equitable, and that at the hearing the board will confirm the schedule as finally approved by them and will levy an assessment against the property described thereon for the amounts as fixed by them. The county legislative authority shall serve by mail, at least ten days before the hearing, upon the commissioner of public lands of the state of Washington a like notice, in duplicate, showing the amount of the cost of the improvements apportioned against all state, school, granted, or other lands owned by the state of Washington in the district. The county legislative authority shall serve a like notice upon the state secretary of transportation showing the amount apportioned against any state primary or secondary highways. Upon receipt of the notice the commissioner of public lands or the secretary of transportation, as the case may be, shall endorse thereon a statement either that he elects to accept or that he elects to contest the apportionment, and shall return the notice, so endorsed, to the county legislative authority. At or before the hearing any person interested may file with the clerk of the county legislative authority written objections to any item or items of the apportionment. [1984 c 7 § 377; 1923 c 46 § 9, part; 1917 c 130 § 32; 1913 c 176 § 30; RRS § 4435-1.] Reviser’s note: *(1) RCW 85.08.150 was repealed by 1985 c 396 § 87. See RCW 85.38.040, 85.38.050. (2) The powers and duties of the commissioner of public lands have been transferred to the department of natural resources. See 1957 c 38 §§ 1, 13; RCW 43.30.010, 43.30.411. Severability—1984 c 7: See note following RCW 47.01.141. [Title 85 RCW—page 35] 85.08.410 Title 85 RCW: Diking and Drainage 85.08.410 Schedule approved or modified—Maintenance assessment. At such hearing, which may be adjourned from time to time and from place to place, until finally completed, the board of county commissioners shall carefully examine and consider said schedule and any objections filed or made thereto and shall correct, revise, raise, lower, change or modify such schedule or any part thereof, or strike therefrom any property not benefited, or set aside such schedule and order that such apportionment be made de novo, as to such body shall appear equitable and just. The board shall cause the clerk of the board to enter on such schedule all such additions, cancellations, changes, modifications and reapportionments, all credits for damages allowed or awarded to the owner of any piece of property benefited, but not paid, as provided in RCW 85.08.200; also a credit in favor of the county on any apportionment against the county, of all sums paid on account of said improvement, as provided in RCW 85.08.210; and all sums allowed the county on account of services rendered by the county engineer or prosecuting attorney, as provided in RCW 85.08.360; and all credits allowed to property owners constructing crossings as provided in RCW 85.08.340. When the board of county commissioners shall have finally determined that the apportionment as filed or as changed and modified by the board is a fair, just and equitable apportionment, and that the proper credits have been entered thereon, the members of the board approving the same shall sign the schedule and cause the clerk of the board to attest their signature under his seal, and shall enter an order on the journal approving the final apportionment and all proceedings leading thereto and in connection therewith, and shall levy the amounts so apportioned against the property benefited, and the determination by the board of county commissioners in fixing and approving such apportionment and making such levy shall be final and conclusive. The board of county commissioners shall also at said hearing, levy, in the manner hereinafter provided for the levy of maintenance assessments, such assessment as they shall deem necessary to provide funds for the maintenance of the system of improvement until the first annual assessment for maintenance shall fall due. [1983 c 3 § 230; 1923 c 46 § 9, part; 1917 c 130 § 32; 1913 c 176 § 30; RRS § 4435-2.] 85.08.410 85.08.420 Assessment roll—Form—Notice—Publication. Upon the approval of said roll the county auditor shall immediately prepare a completed assessment roll which shall contain, first, a map of the district showing each separate description of property assessed; second, an index of the schedule of apportionments; third, an index of the record of the proceedings had in connection with the improvement; fourth, a copy of the resolution of the board of county commissioners fixing the method of payment of assessments; fifth, the warrant of the auditor authorizing the county treasurer to collect assessments; and sixth, the approved schedule of apportionments of assessments; and shall charge the county treasurer with the total amount of assessment and turn the roll over to the treasurer, for collection in accordance with the resolution of the board of county commissioners fixing the method of payment of assessments. As soon as the assessment roll has been turned over to the treasurer for collection, he shall publish a notice in the official newspaper of the county for once a week for at least two consecutive weeks, that the said roll is in his hands for collection and that any assessment thereon or any portion of any such assessment may be paid at any time on or before a date stated in such notice, which date shall be thirty days after the date of the first publication, without interest, and the treasurer shall accept such payment as in said notice provided. Upon the expiration of such thirty-day period the county treasurer shall certify to the county auditor the total amount of assessments so collected by him and the total amount of assessments remaining unpaid upon said roll. [1923 c 46 § 9, part; 1917 c 130 § 32; 1913 c 176 § 30; RRS § 4435-3.] 85.08.430 Payment of assessments—Interest—Lien. After the expiration of said thirty-day period, payment of assessments in full, with interest to the next interest payment date which is more than thirty days from the date of such payment, may be made at any time; PROVIDED, That the aggregate amount of such advance payments in any year, together with the total amount of the assessments due at the beginning of said year, shall not exceed the total amount of the bonds which may be called in that year according to the applicable bond redemption schedule. The treasurer shall accept payments of assessments in advance, in the order tendered, until the limit herein set forth has been reached. The assessments contained in the assessment roll shall bear interest from the expiration of the thirty-day period at a rate determined by the county legislative authority and interest upon the entire assessment then unpaid shall be due and payable at the time each of said installments becomes due and payable as a part thereof. The assessments contained in said assessment roll shall be liens upon the property assessed, such lien shall be of equal rank with other liens assessed against the property for local improvements and paramount to all other liens except the lien of general taxes, and shall relate back to and take effect as of the date when the county legislative authority determined to proceed with the construction of the improvement as provided in RCW 85.08.220. [1983 c 167 § 195; 1981 c 156 § 24; 1923 c 46 § 9, part; 1917 c 130 § 32; 1913 c 176 § 30; RRS § 4435-4.] 85.08.430 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 85.08.420 [Title 85 RCW—page 36] 85.08.440 Appeal from apportionment—Procedure—Appellate review. The decision of the board of county commissioners upon any objections made within the time and in the manner prescribed in RCW 85.08.400 through 85.08.430, may be reviewed by the superior court upon an appeal thereto taken in the following manner. Such appeal shall be made by filing written notice of appeal with the clerk of such board and with the clerk of the superior court of the county in which such drainage or diking improvement district is situated, or in case of joint drainage or diking improvement districts with the clerk of the court of the county in which the greater length of such drainage or diking improvement system lies, within ten days after the order confirming such assessment roll shall have become effective, and such notice shall describe the property and set forth the objections of such appellant to such assessment; and, within ten days from the filing of such notice of appeal 85.08.440 (2008 Ed.) Diking, Drainage, and Sewerage Improvement Districts with the clerk of the superior court, the appellant shall file with the clerk of said court a transcript consisting of the assessment roll and his objections thereto, together with the order confirming such assessment roll, and the record of the board of county commissioners with reference to said assessment, which transcript, upon payment of the necessary fees therefor, shall be furnished by such clerk of the board of county commissioners, and by him certified to contain full, true and correct copies of all matters and proceedings required to be included in such transcript. Such fees shall be the same as the fees payable to the county clerk for the preparation and certification of transcripts on appeal to the supreme court or the court of appeals in civil actions. At the time of the filing of the notice of appeal with the clerk of the superior court, the appellant shall execute and file with the clerk of the superior court a sufficient bond in the penal sum of two hundred dollars, with good and sufficient surety, to be approved by the judge of said court, conditioned to prosecute such appeal without delay, and if unsuccessful, to pay all costs to which the county or the drainage or diking improvement district is put by reason of such appeal. The court may order the appellant upon application therefor, to execute and file such additional bond or bonds as the necessity of the case may require; within three days after such transcript is filed in the superior court as aforesaid, the appellant shall give written notice to the prosecuting attorney of the county, and to the clerk of the board of county commissioners that such transcript is filed. Said notice shall state a time (not less than three days from the service thereof) when the appellant will call up the said cause for hearing; and the superior court of said county shall, at said time or at such further time as may be fixed by order of the court, hear and determine such appeal without a jury. The judgment of the court shall confirm, correct, modify or annul the assessment insofar as the same affects the property of the appellant. A certified copy of the decision of the court shall be filed with the officer who shall have custody of the assessment roll, and he shall modify and correct such assessment roll in accordance with such decision. Appellate review of the judgment of the superior court may be sought as in other civil cases. However, the review must be sought within fifteen days after the date of the entry of the judgment of such superior court. A certified copy of the order of the supreme court or the court of appeals upon such appeal shall be filed with the officer having custody of such assessment roll, who shall thereupon modify and correct such assessment roll in accordance with such decision. [1988 c 202 § 77; 1971 c 81 § 162; 1921 c 157 § 1; RRS § 4436.] Rules of court: Cf. RAP 5.2, 8.1, 18.22. Severability—1988 c 202: See note following RCW 2.24.050. 85.08.450 85.08.450 Regularity and validity of proceedings conclusive. Whenever any schedule of apportionment of any drainage or diking improvement district shall have been confirmed, and the assessment therefor shall have been levied, by the board of county commissioners, as provided by RCW 85.08.400 through 85.08.430, the regularity, validity and correctness of the proceedings relating to such improvement, and to the assessment therefor, including the action of the board of county commissioners upon such assessment roll and the confirmation thereof, shall be conclusive in all things (2008 Ed.) 85.08.470 upon all parties, and cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll in the manner and within the time provided in RCW 85.08.400 through 85.08.430, and not appealing from the action of the board of county commissioners in confirming such assessment roll in the manner and within the time in this chapter provided. No proceeding of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any such assessment, or the sale of any property to pay such assessment, or any certificate of delinquency issued therefor, or the foreclosure of any lien issued therefor: PROVIDED, That this section shall not be construed as prohibiting the bringing of injunction proceedings to prevent the sale of any real estate upon the grounds: (1) That the property about to be sold does not appear upon the assessment roll, or (2) That said assessment has been paid. [1921 c 157 § 2; RRS § 4437.] 85.08.460 District liable on judgments—Supplemental levy. Any judgment that heretofore has been obtained or that hereafter may be obtained against a county on account of any contract lawfully made by its officials for or on behalf of any drainage, diking, or sewerage improvement district, or on account of the construction or maintenance of any drainage, diking, or sewerage system of a drainage, diking, or sewerage improvement district shall be collected and reimbursed to the county from said improvement district, and the amount of such judgment shall be included in the construction costs of said district: PROVIDED, That if such judgment be recovered after the assessment to pay the construction costs shall have been levied, then the county commissioners are hereby empowered and they shall make a supplemental levy upon the lands of the district, and from the funds collected under such levy said reimbursements shall be made. [1923 c 46 § 10; 1921 c 157 § 3; RRS § 4438.] 85.08.460 85.08.470 District funds. There shall be established in the county treasury of any county in which any drainage or diking or sewerage improvement is established under the provisions of this chapter, appropriate funds as follows: (1) The construction fund, into which shall be paid the proceeds of all bonds or warrants sold and the proceeds of all assessments paid prior to the sale of bonds or warrants. In case no bonds have been issued or warrants have been sold, the proceeds of all assessments levied to pay the cost of construction shall be paid into such fund. All warrants including temporary warrants, issued in payment of cost of construction shall be paid out of such fund. (2) A fund for the redemption of all bonds issued or warrants sold, to be known as the redemption fund, into which shall be paid all proceeds derived from assessments levied to pay cost of construction which shall not have been paid prior to the sale of bonds or warrants, in case bonds have been issued or warrants sold, and also all moneys, if any, remaining in the construction fund after the payment of all warrants drawn against it as above provided. The redemption fund shall be applied, first, to the payment of the interest due upon all such outstanding bonds issued or warrants sold and, second, to the payment of the principal thereof. After the pay85.08.470 [Title 85 RCW—page 37] 85.08.480 Title 85 RCW: Diking and Drainage ment of the principal and interest of all such bonds or warrants, the balance, if any, remaining in such fund shall be applied to the payment of any warrants outstanding, including temporary warrants, which may have been issued in payment of cost of construction which for any reason may remain unpaid. Any balance, if any, thereafter remaining shall be paid into the maintenance fund. (3) The maintenance fund, into which shall be paid the proceeds of all assessments for maintenance, and all other funds received by the district which are not required by the provisions of this chapter to be paid into the construction fund or the redemption fund. [1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-1.] 85.08.480 Collection of assessments—Certificates of delinquency—Foreclosure. The respective installments of assessments for construction or maintenance of improvements made under the provisions of this chapter, shall be collected in the same manner and shall become delinquent at the same time as general taxes, certificates of delinquency shall be issued, and the lien of the assessment shall be enforced by foreclosure and sale of the property assessed, as in the case of general taxes, all according to the laws in force on January 1, 1923, except as hereinafter specifically provided. The annual assessments or installments of assessments, both for construction and for maintenance and repairs of the diking and/or drainage system shall become due in two equal installments, one-half being payable on or before May 30th, and the other half on or before November 30th; and delinquency interest thereon shall run from said dates on said respective halves of said assessments. The rate of interest thereon after delinquency, also the rate of interest borne by certificates of delinquency, shall be ten percent per annum. Certificates of delinquency for any assessment or installment thereof shall be issued upon demand and payment of such delinquent assessment and the fee for the same at any time after the expiration of twelve months after the date of delinquency thereof. In case no certificate of delinquency be issued after the expiration of four years from date of delinquency of assessments for construction costs, or after the expiration of two years from date of delinquency of assessments for maintenance or repairs, certificates of delinquency shall be issued to the county, and foreclosure thereof shall forthwith be effected in the manner provided in *sections 11292 to 11317 inclusive. The holder of a certificate of delinquency for any drainage, diking or sewerage improvement district or consolidated district assessment or installment thereof may pay any delinquent general taxes upon the property described therein, and may redeem any certificate of delinquency for general taxes against said property and the amount so paid together with interest thereon at the rate provided by law shall be included in the lien of said certificate of delinquency. The expense of foreclosure proceedings by the county shall be paid by the districts whose liens are foreclosed: Costs of foreclosure by the county or private persons as provided by law, shall be included in the judgment of foreclosure. [1933 c 125 § 2; 1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-2.] 85.08.480 *Reviser’s note: "sections 11292 to 11317 inclusive" refer to RRS 11292 through 11317 which sections were repealed by 1925 ex.s. c 130 § [Title 85 RCW—page 38] 138, with the exception of 11312, 11313, and 11314 now in RCW 78.16.010, 78.16.020, and 78.16.030 and which are not in point for purposes of this internal reference. Existing provisions generally as to certificates of delinquency and foreclosure, see chapter 84.64 RCW. 85.08.490 Title acquired at sale—Foreclosure for general taxes—Lien of assessments preserved. The purchaser, upon the foreclosure of any certificate of delinquency for any assessment or installment thereof, shall acquire title to such property subject to the installments of the assessment not yet due at the date of the decree of foreclosure, and the complaint, decree of foreclosure, order of sale, sale, certificate of sale and deed shall so state. The holder of any certificate of delinquency for general taxes may, before commencing any action to foreclose the lien of such certificate, pay in full all drainage or diking or sewerage improvement district assessments or any installment thereof due and outstanding against the whole or any portion of the property included in such certificate of delinquency and the amount of all assessments so paid together with interest at ten percent per annum thereon shall be included in the amount for which foreclosure may be had; or, if he elects to foreclose such certificate without paying such assessments in full, the purchaser at such foreclosure sale shall acquire title to such property subject to all such drainage or diking or sewerage improvement district assessments. Any property in any drainage or diking or sewerage improvement district sold under foreclosure for general taxes shall remain subject to the lien of all drainage and diking or sewerage improvement district assessments or installments thereof not yet due at the time of the decree of foreclosure and the complaint, decree of foreclosure, order of sale, sale, certificate of sale and deed shall so state. [1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-3.] 85.08.490 85.08.500 Resale or lease by county—Disposition of proceeds—Tax statements. Property subject to a drainage or diking or sewerage improvement district assessment, acquired by a county pursuant to a foreclosure and sale for general taxes, when offered for sale by the county, shall be offered for the amount of the general taxes for which the same was struck off to the county, together with all drainage or diking or sewerage improvement district assessments or installments thereof, due at the time of such resale, including maintenance assessments, and supplemental assessments levied pursuant to the provisions of RCW 85.08.520, coming due while the property was held in the name of the county; and the property shall be sold subject to the lien of all drainage or diking or sewerage improvement district assessments or installments thereof not yet due at the time of such sale, and the notice of sale and deed shall so state. PROVIDED, That the county board may in its discretion, sell said property at a lesser sum than the amount for which the property is offered in the notice of sale. The proceeds of such sale shall be applied first to discharge in full the lien or liens for general taxes for which said property was sold, and the remainder, or such portion thereof as may be necessary, shall be applied toward the discharge of all drainage or diking or sewerage improvement district assessment liens upon such property, and the surplus, if any, shall be applied toward the payment of any delinquent or due local assessments or local assess85.08.500 (2008 Ed.) Diking, Drainage, and Sewerage Improvement Districts ment installments outstanding against the property levied by any authority other than that of the county, taking them in the order of their maturities, beginning with the earliest; after which if any money remains the treasurer shall hold the same for the person whose interest in the property entitles him thereto. If there be no purchaser, the property shall again be offered for sale within one year thereafter, and shall be successively offered for sale each year until a sale thereof be effected. Property struck off to or bid in by a county may be leased pursuant to resolution of the county commissioners on such terms as the commissioners shall determine for a period ending not later than the time at which such property shall again be offered for sale as required by law. Rentals received under such lease shall be applied in the manner hereinabove provided for the proceeds of sale of such property. All statements of general state taxes where drainage, diking or sewer improvement district assessments against the land described therein are due shall include a notation thereon or be accompanied by a statement showing such fact. [1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-4.] 85.08.510 Invalid levy—Reassessment. Whenever any improvement, any extension or betterment thereof shall have been constructed in whole or in part, either heretofore in a district established or attempted to be established under and by virtue of *chapter 66 of the Laws of 1901, or in a district heretofore or hereafter established or attempted to be established under this chapter, and the assessment therefor or any part thereof shall be invalid by reason of any omission, irregularity or defect in any proceeding whatever, a reassessment shall be made upon the property benefited by the improvement to provide a fund for the payment of the costs thereof, and any bonds or warrants issued therefor in the following manner: The board of county commissioners shall by order cause the clerk of the board to compile and file with the board an itemized statement of the total cost of the improvement in the manner prescribed by RCW 85.08.360. Upon the filing of such statement the same proceedings shall be had assessing the costs of said improvement against the lands benefited thereby and the counties, cities and towns within the district, as are prescribed by RCW 85.08.360 and **subsequent sections of this act. In case no bonds have been issued or warrants sold to pay the costs of said improvement, the same may be issued and sold and disposed of as hereinbefore provided. In case an assessment for such improvement shall have been theretofore made or attempted, and any payment has been made thereon, proper credit for the amount of such payment shall be made upon the reassessment. [1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-5.] 85.08.510 Reviser’s note: *(1) "chapter 66 of the Laws of 1901" refers to a prior drainage district law which was repealed by the basic act, 1913 c 176, codified in this chapter; see 1913 c 176 §§ 39, 40; see notes following chapter digest. **(2) The language "subsequent sections of this act" first appears in 1917 c 130 § 33 amending 1913 c 176 § 31. The 1917 amendatory act was a 39 section act with sections 34 through 39 being codified as RCW 85.08.530, 85.08.540, 85.08.560, and 85.08.680. Section 34 thereof was repealed by 1949 c 26 § 18 and new subject matter thereof is in chapter 85.16 RCW. Section 39 was a construction section. The basic act in chapter 176, Laws of (2008 Ed.) 85.08.540 1913 was a 42 section act with sections 32 through 41 being codified as RCW 85.08.530, 85.08.540, 85.08.560, 85.08.570, 85.08.670, and 85.08.680. Section 32 was repealed in the 1949 act and the new subject matter is in chapter 85.16 RCW. The other sections being construction sections are footnoted herein following the chapter digest. Notice that this section itself was a single section in the basic act of 1913 but it was divided into separate sections in 1923 c 46 § 11 codified herein as RCW 85.08.470 through 85.08.520. 85.08.520 Supplemental assessments. If upon the foreclosure of the assessment upon any property the same shall not sell for enough to pay the assessment against it, or if any property assessed was not subject to assessment, or if any assessment made shall have been eliminated by foreclosure of a tax lien or made void in any other manner, the board of county commissioners shall cause a supplemental assessment to be made on the property benefited by the improvement, including property upon which any assessment shall have been so eliminated or made void, and against the county, cities and towns chargeable therewith in the manner provided for the original assessment, to cover the deficiency so caused in the original assessment. If by inadvertence or for any cause the assessment levied shall be found to be insufficient to meet the entire cost of construction, a supplemental assessment shall be made by the board of county commissioners upon the lands of the district in the same proportion as the original assessment is levied, same being spread over not to exceed three years as the commissioners may determine. Duplicate assessments or other errors that may by inadvertence be found to have been incorporated in the assessment roll may be corrected by order of the county commissioners upon same being certified to them by the treasurer and the engineer. [1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-6.] 85.08.520 85.08.530 Levies against county, city or town, how paid. The amount of the costs of construction or maintenance of any system of improvement assessed against any city, town or county may be met by levies to be paid in similar installments and extending over a like period of time as the assessments against property benefited are spread, or such amounts may be met by the issue and sale of the bonds of such city, town or county in the manner in which bonds to meet general indebtedness of such city, town or county are issued. The proper authorities of such city, town or county shall make the necessary levies to meet such amounts thus apportioned thereto as a general levy on all property therein. [1917 c 130 § 35; 1913 c 176 § 33; RRS § 4441.] 85.08.530 85.08.540 Abandonment or change in system—Subdistricts. Upon a petition and bond being filed by one or more landowners, either within or without the boundaries of a district, and like proceedings being had as in the case of the original establishment and construction of a system of improvement, the county commissioners may declare any system of improvement or any part thereof, abandoned or may strike from the district lands no longer benefited or served thereby, or they may cause any system of improvement to be altered, reduced, enlarged, added to or in any other manner bettered or improved, either within or without the district, and to effect such subsequent improvements, may 85.08.540 [Title 85 RCW—page 39] 85.08.560 Title 85 RCW: Diking and Drainage exercise any of the powers which are in this chapter, or may be hereafter conferred upon such districts. But the striking of any lands from a district shall not in any way affect any assessment theretofore levied against such lands. When such improvements shall have been completed the costs thereof shall be apportioned and assessed against the lands benefited thereby in the manner hereinbefore provided for such apportionment and assessment in the case of original proceedings. New lands assessed for any such improvement shall become a part of such district. The construction and maintenance of any such new improvement, unless let by contract by the board of county commissioners, shall be under the direction of the board of supervisors of the district in which they are made or to which said improvement is added. The lands assessed for such new improvements, of less than the entire district, shall be designated, alphabetically, "subdistrict . . . . . . of . . . . . . improvement district No. . . . . ." [1917 c 130 § 36; 1913 c 176 § 34; RRS § 4442.] 85.08.560 Extension of existing system—Apportionment of cost. When any extension of or addition to any existing system of improvement shall be thus constructed, the cost thereof shall be assessed to all the property, counties, cities and towns in the enlarged district benefited thereby in proportion to the benefits received therefrom. Any new lands thus brought into the district shall be assessed in addition a proper and equitable share of the then value of the original system of improvement in proportion to the benefits which such new lands derive therefrom. In determining the value to be so assessed the board of appraisers shall take into consideration the amount, if any, which the property to be assessed has already paid toward the construction of the original system and all other matters that may be pertinent. If at any time it shall appear to the board of supervisors of any drainage or diking improvement district that any lands without the boundaries of such district are being benefited by the improvements of the district and are not being assessed for the benefits received, they shall file a petition with the board of county commissioners praying the benefits received by such lands be determined and an assessment made upon such lands for the benefits so received. Thereupon, the board of county commissioners shall appoint a board of appraisers as provided in RCW 85.08.360 for the apportionment of the cost of construction of the original system of improvement, and an apportionment of the then value of the improvements of the district shall be made to such lands in proportion to the benefits received therefrom as nearly as may be in the manner provided for the apportionment of the cost of the original system of improvement. In determining what share of the value of the improvements of the district shall be apportioned to such lands the board of appraisers shall take into consideration the benefits already received by such lands and all other matters that may be pertinent. The amount of the value of the original system assessed upon any new property brought within the district shall be rebated pro rata upon the assessments, if any, outstanding against the lands of the district on account of the construction of such original system. If the assessment against any land has been paid in full, or if the assessment remaining outstanding against such land is less than the rebate apportioned to such land, the amount so rebated or excess of rebate over assessment shall be paid into the main85.08.560 [Title 85 RCW—page 40] tenance fund of the district and a proper credit on any existing or future assessment for maintenance shall be entered in favor of the land entitled thereto. The lands in the original district shall remain bound for the whole of the original unpaid assessment thereon for the payment of any outstanding unpaid warrants or bonds secured to be paid by such assessments. [1917 c 130 § 37; 1913 c 176 § 35; RRS § 4443.] 85.08.565 85.08.565 Special assessments—Budgets—Alternative methods. RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which diking, drainage, or sewerage improvement districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which diking, drainage, or sewerage improvement districts created after July 28, 1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 26.] Severability—1985 c 396: See RCW 85.38.900. 85.08.570 85.08.570 Districts in two or more counties— Notice—Hearings. When a drainage, diking or sewerage system is proposed which will require a location, or the assessment of lands, in more than one county, application therefor shall be made to the board of county commissioners in each of said counties, and the county engineers shall make preliminary reports for their respective counties. The lines of such proposed improvement shall be examined by the county engineers of the counties wherein said improvements will lie, jointly. The hearings in regard to such improvements, provided for by RCW *85.08.150, and 85.08.400 through 85.08.430 shall be had by the boards of county commissioners of the two counties in joint sessions, and all other matters required to be done by the county commissioners in regard to such improvement and the improvement district shall be had and done by the boards of county commissioners of the counties wherein such system of improvements shall lie, either in joint session at such place as the said board shall order, or by concurrent order entered into by the said boards at their respective offices. Notice of the hearings shall be given by the auditors of both counties jointly by publication in the official paper of each of said counties. The county engineer of the county wherein the greatest length of drainage, diking or sewerage system will lie, shall have charge of the engineering work and be ex officio a member of the boards in this chapter provided for. The schedule of apportionment shall be prepared in separate parts for the land in the respective counties; and that part of said roll containing the assessments upon the lands in each respective county shall be transmitted to the treasurer thereof, and the treasurer of said county shall give notice of said assessments as provided in RCW 85.08.400 through 85.08.430, and shall collect the assessments therein contained and shall also extend and collect the annual maintenance levies of said district upon the lands of said district lying in his county. The auditor of the county in which the greater length of the drainage, diking or sewerage system shall lie shall act as clerk of the joint session of the boards of county commissioners, and shall issue the warrants of the improvement district, and shall attest the signatures of the two boards of county commissioners on the bonds. He shall (2008 Ed.) Diking, Drainage, and Sewerage Improvement Districts furnish to the auditor of the other county duplicate copies of the records of proceedings of such joint sessions. Duplicate records of all proceedings had and papers filed in connection with such improvements shall be kept, one with the auditor of each county. Protests or other papers filed with the auditor who is not clerk of the joint sessions shall be forwarded forthwith by him to the auditor who acts as clerk of such joint sessions. The treasurer of said county shall register and certify and pay the warrants and the bonds, and shall have charge of the funds of the district; and to him, the treasurer of the county in which the lesser portion of such system of improvements lie, shall remit semiannually, in time for the semiannual warrant and bond calls, all such collections made in such other county. A drainage, diking or sewerage improvement district lying in more than one county shall be designated "joint drainage (or diking) or sewerage improvement district No. . . . . of . . . . . . and . . . . . . counties." All proceedings in regard to joint drainage, diking improvement districts, which have heretofore been had and done substantially in accordance with the amendatory provisions of this chapter are hereby approved and declared to be valid. [1923 c 46 § 13; 1921 c 157 § 6; 1913 c 176 § 38; RRS § 4446.] *Reviser’s note: RCW 85.08.150 was repealed by 1985 c 396 § 87. See RCW 85.38.040, 85.38.050. 85.08.630 Waters developed—Defined—Disposal of. The use of any waters developed by the drainage system of any drainage improvement district shall be subject to the control of the drainage improvement district and such district shall have the right to dispose of and contract for the use of such waters for irrigation or other uses, as hereinafter provided: PROVIDED, That the waters developed by any existing drainage system, and the waters developed by any drainage system hereafter constructed which shall remain undisposed of for three years after the completion of the improvement and the levy of the assessment to pay the cost thereof, shall not be subject to disposal by such district where such waters shall have been appropriated by any person at a point below the outlet of the drainage system of such district. The term "waters developed" as used in this chapter shall not be held to include surface waste waters from irrigation. [1917 c 130 § 7; RRS § 4455.] 85.08.630 85.08.820 pay the costs of the investigation and hearing in case no disposal of said waters be made thereat. Successive applications and proceedings may be made and had as long as there is any water remaining undisposed of in said drainage system. [1917 c 130 § 9; RRS § 4457.] 85.08.660 Waters developed—Notice of hearing— Form of application—Bond. When any such application shall be filed, the board of supervisors of the district shall cause to be published in the county official paper, once a week for three successive weeks prior to the date of the hearing hereinafter referred to, a notice fixing the time and place within the district when the board will hear and consider such applications. All applications shall be in writing and contain a statement of the proposed use to be made of the water, specifying the time, place and manner of such proposed use; and in entering into any such contract, the board of supervisors of the district may require such security as they may deem reasonable for the proper construction and installation of works of diversion and for the use of said water by the party proposing to use the same. [1917 c 130 § 10; RRS § 4458.] 85.08.660 85.08.670 Prosecuting attorney—Duties. It shall be the duty of the prosecuting attorney of each county to prepare suitable blanks for the use of the board of county commissioners under this chapter, not otherwise provided for, and to advise the board of county commissioners and other officers of the county and the boards provided for by this chapter in regard to the proceedings and in the performance of their duties under this chapter, and perform such other duties as in this chapter provided and required. [1913 c 176 § 36; RRS § 4444.] 85.08.670 85.08.680 Rules and regulations. The board of supervisors of each district shall make reasonable rules and regulations whereby any owner of land in the district may make connection for drainage, or sewerage purposes, with any drainage, or sewerage system thereof. They shall also maintain and keep efficient the system of improvement of the district. [1923 c 46 § 12; 1917 c 130 § 38; 1913 c 176 § 37; RRS § 4445.] 85.08.680 85.08.690 Penalty for injury to or interference with improvement. Every person who shall wilfully damage or interfere with the operation of any dikes, drains, ditches or other improvements of any diking or drainage improvement district shall be guilty of a misdemeanor. [1917 c 130 § 11; RRS § 4459.] 85.08.690 85.08.640 Waters developed—Contracts for use and sale. The board of supervisors may enter into any contract for the use, sale or disposal of such waters that in their judgment shall be for the best interests of the district; but no such sale, contract or disposition shall be made except by the unanimous vote of the board. The district shall not guarantee nor warrant the amount or flow of, nor the title to, such waters; and no use, sale or disposition of such waters shall be lawful that will interfere with the efficiency of said drainage system. [1917 c 130 § 8; RRS § 4456.] 85.08.640 85.08.650 Waters developed—Application for use. Any person or corporation desiring to acquire and use the waters developed by any drainage system, may make application therefor in writing to the board of supervisors of the district, accompanying such application with a bond to be approved by the board, conditioned that the applicant will 85.08.650 (2008 Ed.) 85.08.820 Drainage bonds owned by state—Cancellation of interest and assessments—Levy omitted. Whenever the department of ecology shall have purchased and the state of Washington owns the entire issue of any series of bonds of any county in the state, the payment of which is to be made from and is secured by assessments upon the property included within any drainage improvement district organized and existing in such county, and it shall appear to the satisfaction of the director of ecology that owing to and by reason of the nature of the soil within and the topography of such drainage improvement district the lands contained 85.08.820 [Title 85 RCW—page 41] 85.08.830 Title 85 RCW: Diking and Drainage therein were not or will not be drained sufficiently to permit the cultivation thereof within the time when assessments for the payment of the interest on said bonds and to constitute a sinking fund to retire said bonds as provided by law became or will become due, and that by reason thereof the owners of said lands were or will be unable to meet said assessment, the director of ecology shall have the power and he is hereby authorized under such terms and conditions as he shall deem advisable to enter into a contract in writing with the board of county commissioners of the county issuing such bonds, waiving the payment of interest upon such bonds from the date of their issue for not to exceed five years, and extending the time of payment of said bonds for not to exceed five years; and upon the execution of said contract the board of county commissioners of said county shall have the power and is hereby authorized to cancel all assessments made upon the lands included within such drainage improvement district for the payment of principal and/or interest on said bonds prior to the date of said contract, and to omit the levy of any assessments for said purposes until the expiration of the time of the waiver of interest payments upon said bonds specified in said contract. [1988 c 127 § 38; 1925 ex.s. c 140 § 1; RRS § 4332-1.] 85.08.830 85.08.830 Merger of improvement district with irrigation district—Authorized. Whenever a drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district within an irrigation district or irrigation districts desires to merge with an irrigation district or irrigation districts in which lands of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district are located, it may petition the board or boards of county commissioners, as the case may be, to do so: PROVIDED, That only that portion of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district within a particular irrigation district may merge with the irrigation district within which it is situated. [1957 c 94 § 2.] Merger of improvement district with irrigation district: RCW 87.03.720 through 87.03.745. 85.08.840 85.08.840 Merger of improvement district with irrigation district—Jurisdiction to hear, supervise and conduct proceedings—Clerk, notice, records. The boards of county commissioners of the counties in which a joint drainage improvement district is situated shall have jurisdiction in joint session to hear, supervise and conduct the merger proceedings relating to such a district. The auditor of the county in which the greater length of the system of improvements lies shall act as clerk of the joint sessions of the boards of county commissioners, and shall give the notice provided for in RCW 85.08.870. He shall furnish to the auditor of the other county duplicate copies of the records of proceedings of the joint sessions. Duplicate records of all proceedings had and papers filed in connection with the merger of a joint drainage improvement district shall be kept with the auditor of each county. The board of county commissioners of the county in which a drainage improvement district or consolidated drainage improvement district is situated shall have exclusive [Title 85 RCW—page 42] jurisdiction to hear, supervise and conduct merger proceedings relating to such districts. [1957 c 94 § 3.] 85.08.850 Merger of improvement district with irrigation district—Petition—Signing—Presentation. The petition requesting the merger shall be signed by the board of supervisors of, or by ten landowners located within, the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district and presented to the clerk or clerks of the appropriate county legislative authority or authorities, at a regular or special meeting. [2001 c 149 § 2; 1996 c 313 § 1; 1957 c 94 § 4.] 85.08.850 85.08.860 Merger of improvement district with irrigation district—Assent by irrigation district—Election, order, notice. If it appears to the board or boards of county commissioners that all portions of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district will, as a result of the proceedings, be merged with the irrigation district or irrigation districts and that the board or boards of directors of the irrigation district or irrigation districts into which the drainage improvement, joint drainage improvement district, or consolidated drainage improvement district will be merged, which irrigation district or irrigation districts shall be named in the petition, are agreeable to the merger, and that the assent or assents thereto, in writing, by said irrigation district board or boards have been filed with the board or boards of county commissioners, the board or boards of county commissioners shall order an election to be held in the drainage improvement district, joint drainage improvement district or consolidated drainage improvement district to approve or disapprove the merger and shall fix the time thereof and cause notice to be published. [1957 c 94 § 5.] 85.08.860 85.08.870 Merger of improvement district with irrigation district—Notice, contents—Election, ballots. The notice shall be given and the election conducted in the manner, so far as is applicable, as for the election of members of the board of supervisors of a drainage improvement district. The notice shall advise of the election so ordered and the date, time and place thereof, state the filing of the petition, the names of those signing the petition and prayer thereof, and shall require the voters to cast ballots with the words "Merger, Yes" or "Merger, No." [1957 c 94 § 6.] 85.08.870 85.08.880 Merger of improvement district with irrigation district—Proceedings and costs on approval or disapproval. If a majority of the votes cast favor merger, the board or boards of county commissioners shall enter an order approving the petition and ordering the merger and file a certified copy thereof with the county auditor or auditors of the county or counties in which the district is situated, and the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district shall thereupon be dissolved and its system of improvements vested in the irrigation district or irrigation districts without further proceedings. If a majority of the votes cast are against merger, the board of commissioners shall enter an order dismissing the proceedings. If the merger is approved, the 85.08.880 (2008 Ed.) Federal Aid to Diking, Drainage, and Sewerage Improvement Districts expenses of the county or counties in connection with the election will be paid by the irrigation district or irrigation districts, with each irrigation district, if there is more than one, paying the same portion of the expenses as that portion of the drainage improvement district, joint drainage improvement district, or consolidated drainage district which is merged into the irrigation district. If the merger is not approved, the expenses of the county or counties in connection with the election will be paid by the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district. [1957 c 94 § 7.] 85.08.890 Merger of improvement district with irrigation district—Prior indebtedness. None of the indebtedness of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district, or of the drainage improvement districts taken into the consolidated drainage improvement district, shall be affected by the merger and dissolution, and all lands liable to be assessed to pay such indebtedness shall remain liable to the same extent as if the merger and dissolution had not taken place, and all assessments theretofore levied shall remain unimpaired and shall be collected in the same manner as if no merger had taken place. The board or boards of directors of the irrigation district or irrigation districts with which the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district was merged shall have all the powers possessed at the time of the merger by the board of supervisors of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district and the board or boards of county commissioners may levy and cause to be collected any and all assessments against any of the lands formerly within the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district necessary for the payment of all indebtedness thereof, and of the drainage improvement districts taken into the consolidated drainage improvement district. Until the assessments are collected and all indebtedness of each drainage improvement district or joint drainage improvement district included in the merger, either as such or, in the case of the former, as a part of a consolidated drainage improvement district, is paid, separate funds shall be maintained for each such drainage improvement district or joint drainage improvement district as were maintained before the merger. [1957 c 94 § 8.] 85.08.890 85.08.895 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. Diking or drainage improvement districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW. [1986 c 278 § 13.] 85.08.895 Severability—1986 c 278: See note following RCW 36.01.010. 85.08.900 Alternative methods of formation of improvement districts. Whenever an improvement district is sought to be established, in addition to the procedures authorized by this chapter there may be employed any other method authorized by law for the formation of districts or 85.08.900 (2008 Ed.) 85.12.010 improvement districts so that the improvement district will qualify under the provisions of chapter 89.16 RCW. [1959 c 104 § 6.] 85.08.905 85.08.905 Sewerage improvement districts—Powers. Sewerage improvement districts may investigate, plan, construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities to collect, treat, and dispose of sanitary, industrial, and other sewage. Such facilities include on-site and off-site sewerage facilities, including approved septic tanks or septic tank systems. [1985 c 396 § 30.] Severability—1985 c 396: See RCW 85.38.900. 85.08.910 85.08.910 Sewerage improvement districts located in counties with populations of from forty thousand to less than seventy thousand become water-sewer districts. See RCW 57.04.120. 85.08.920 85.08.920 Sewerage improvement districts operating as sewer districts become water-sewer districts—Procedure. See RCW 57.04.130. Chapter 85.12 Chapter 85.12 RCW FEDERAL AID TO DIKING, DRAINAGE, AND SEWERAGE IMPROVEMENT DISTRICTS Sections 85.12.010 85.12.030 Commissioners may accept federal aid, or contract for work by federal agency—No bond required. Disposition of federal aid funds. 85.12.010 85.12.010 Commissioners may accept federal aid, or contract for work by federal agency—No bond required. Whenever, under the provisions of any act of the congress of the United States, the corps of engineers of the United States army, or any other agency of the United States, shall be authorized to reconstruct, improve, repair or maintain any system of improvements of any diking, drainage or sewerage improvement district under the laws of the state of Washington, the board of county commissioners of the county in which such district is situated, on behalf of such district may consent to and permit the United States, or any agency thereof, to perform any work or service upon or with regard to such district’s system of improvements which shall by the board be found to be for the benefit of such district and the property therein, or, if the enlargement, betterment or other improvement of such district’s system of improvements, or the performance of extraordinary maintenance work upon or with respect to its existing system of improvements shall have been authorized, the board may contract, on behalf of said district, upon such terms as may be agreed upon by the United States and the board for the performance of the work so authorized by said corps of engineers, or other agency of the United States. No bond shall be required by the district for any work performed by or under the supervision of said corps of engineers, or other agency of the United States. [1949 c 175 § 1; RRS § 4459-50. Formerly RCW 85.12.010 and 85.12.020.] [Title 85 RCW—page 43] 85.12.030 Title 85 RCW: Diking and Drainage 85.12.030 Disposition of federal aid funds. If at any time, whether prior or subsequent to the making of any contract authorized by the preceding section, there shall be made available and paid to a district fund appropriated by the congress of the United States to pay the costs and expenses of reconstruction, improvement, repair or maintenance of the district’s system of improvements or any part thereof, said funds shall be paid into the district’s maintenance or construction fund, according as the work is maintenance or new construction, and thereafter used and disbursed upon the order of the board, provided that if the district shall have theretofore issued extraordinary maintenance warrants or maintenance bonds or construction bonds, said funds shall be used to pay and retire said bonds or warrants to the extent of said funds. When all said warrants or bonds have been paid, the assessment levied to pay said warrants or bonds, or those installments of such assessment not then due and payable, shall be canceled. If the funds made available and paid to the district by the United States shall be more than sufficient to pay and retire all then outstanding warrants or bonds issued to pay the cost of the particular work, whether maintenance or new construction, then the excess of such federal aid funds, up to the amount of the total of the assessments to pay for such work theretofore paid, shall be paid by the treasurer to those who have paid such assessment or assessments in the proportion that the total of all such assessments paid by any one bears to the total of all such assessments theretofore paid, and any balance of such federal aid funds remaining shall become and be part of the maintenance fund of the district. Any assessment or installment of assessment not canceled under the provisions hereof, or any balance thereof which when collected shall not be required for the payment of interest or principal of any of said warrants or bonds, shall, after all said warrants or bonds have been paid, be paid into and become part of the maintenance fund of the district. [1949 c 175 § 2; RRS § 4459-51.] 85.12.030 Chapter 85.15 Chapter 85.15 RCW DIKING, DRAINAGE, SEWERAGE IMPROVEMENT DISTRICTS—1967 ACT Sections 85.15.010 85.15.020 85.15.030 85.15.040 85.15.050 85.15.060 85.15.070 85.15.080 85.15.090 85.15.100 85.15.110 85.15.120 85.15.130 85.15.140 85.15.150 85.15.160 85.15.170 Declaration of purpose. Definitions. Property roll—Basis and requisites—Separate levies for prior indebtedness. Public hearing—Notice, publication. Written objections—Filing—Grounds—Waiver. Reexamination of properties on roll—Adjustment, periodic revision, of valuations. Roll constitutes valuations against which levy made and collected—Hearing on adjustments. Roll and proceedings conclusive—Remedies. Review by superior court—How taken. Review by superior court—Transcript—Contents—Filing. Review by superior court—Filing fees—Bond—Priority of cause. Review by superior court—Scope—Judgment. Appellate review. Levy is for continuous benefits to protected property. Annual estimate of costs—Levy added to general taxes— Delinquencies—Disposition of revenue. Emergency expenditures—Warrants. Concurrent use of other methods of raising revenue. [Title 85 RCW—page 44] 85.15.010 Declaration of purpose. The maintenance, enlargement and extension of diking, drainage and sewerage improvement districts formed under chapter 85.08 RCW is essential to the public welfare and economy of the state. The influx of population and changes in land use since many such districts were formed, has made obsolete, expensive and unjust the method used under existing law to provide funds for the operation of such districts and for the maintenance and expansion of their systems of improvement. [1967 c 184 § 2.] 85.15.010 Severability—1967 c 184: See note following RCW 85.05.610. 85.15.020 Definitions. As used in this chapter: "District" means a diking, drainage or sewerage improvement district organized under chapter 85.08 RCW. "Maintenance" means and includes not merely operating expenses and such upkeep and other work commonly classed as maintenance as shall be necessary to restore and preserve the district’s systems of improvement and the machinery and equipment operated in connection therewith in the same or as good condition as when originally constructed and installed, but also the making of such changes in and betterments to the original works, improvements and installations as shall, subject to approval of the board of county commissioners, be by the board deemed necessary to put the systems of improvements into such condition as will provide protection and services as contemplated and intended by the original construction and any enlargement and extensions thereof thereafter made. [1967 c 184 § 3.] 85.15.020 85.15.030 Property roll—Basis and requisites—Separate levies for prior indebtedness. To operate under this chapter, the board of commissioners of the improvement district shall cause to be prepared and filed with the board of county commissioners a property roll. The roll shall contain: (1) A description of all properties benefited and improvements thereon which receive protection and service from the systems of the district with the name of the owner or the reputed owner thereof and his address as shown on the tax rolls of the assessor or treasurer of the county wherein the property is located and (2) the determined value of such land and improvements thereon as last assessed and equalized by the assessor of such county or counties. Such assessed and equalized values shall be deemed prima facie to be just, fair and correct valuations against which annual taxes shall be levied for the operation of the district and the maintenance and expansion of its facilities. If property outside of the limits of the original district are upon the roll as adopted ultimately, and the original district has outstanding bonds or long-term warrants, the board of county commissioners shall set up separate dollar rate levies for the full retirement thereof. [1973 1st ex.s. c 195 § 111; 1967 c 184 § 4.] 85.15.030 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.15.040 Public hearing—Notice, publication. When a property roll is filed with the county legislative authority, the county legislative authority shall hold a public hearing to determine whether the facts and conditions hereto85.15.040 (2008 Ed.) Diking, Drainage, Sewerage Improvement Districts—1967 Act fore recited in this chapter as a prerequisite to its application do or do not exist, and shall give notice of hearing as follows: The notice shall be published at least once a week for three consecutive weeks in a newspaper having general circulation in the area involved. The last publication shall be more than fifteen days prior to date of hearing. [1985 c 469 § 75; 1967 c 184 § 5.] 85.15.050 85.15.050 Written objections—Filing—Grounds— Waiver. Any person, owner or reputed owner having any interest in any property against which the board of county commissioners seeks to make a protection and service charge under this chapter, may object thereto. All such objections must be in writing and filed with the board of county commissioners before the hearing is commenced upon the roll containing such properties and must state clearly the grounds of such objection. Objections not made within this time and in this manner shall be deemed conclusively to have been waived. [1967 c 184 § 6.] 85.15.110 85.15.080 Roll and proceedings conclusive—Remedies. Wherever any roll shall have been adopted by the board of county commissioners, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties, and it cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to the roll as provided in RCW 85.15.050 and appealing from the action of said board in confirming the roll in the manner and within the time in this chapter provided. No proceeding of any kind, except proceedings had throughout the process of appeal as in this chapter provided, shall be commenced or prosecuted or may be maintained, for the purpose of defeating or contesting any assessment or charge made through levies under this chapter, or the sale of any property to pay such charges: PROVIDED, That suit in injunction may be brought to prevent collection of charges of assessments or sale of property thereunder upon the following grounds and no other: (1) That the property charged or about to be sold does not appear upon the district roll, or (2) The charge has been paid. [1967 c 184 § 9.] 85.15.080 85.15.060 85.15.060 Reexamination of properties on roll— Adjustment, periodic revision, of valuations. The board of county commissioners may at any time reexamine the properties on any roll, and upon receipt of a petition from the board of supervisors of the district or the written request of a property owner shall do so. If it is found that the condition of such property or properties has changed so that such property should be eliminated from any rolls on file, or the valuation against which dollar rate is levied should be lowered, it shall so determine and enter an order adjusting the valuation as to such properties and shall certify and file a copy thereof with the treasurer of the county wherein the property is situated, and the treasurer shall alter and change the existing rolls accordingly. Valuations may be revised periodically to reflect changes in real property valuations by the county assessor. [1973 1st ex.s. c 195 § 112; 1967 c 184 § 7.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.15.070 85.15.070 Roll constitutes valuations against which levy made and collected—Hearing on adjustments. The roll approved and certified to the county officers by the board of county commissioners as in this chapter provided shall constitute the valuations of land, buildings and improvements furnished protection and services by the systems of the district against which valuation taxes shall be levied and collected annually in the same manner as general taxes for the continuing operations of the district and its systems. The valuations on said roll shall be subject to adjustment from time to time in the manner provided in RCW 85.15.060. The board of county commissioners shall hold a hearing on such adjustments at the county seat at the time of equalization of real property assessments for the purpose of considering written objections to any revision of valuations filed at least ten days prior to the hearing and shall give published notice only of such hearing as provided in RCW 85.15.040. [1973 1st ex.s. c 195 § 113; 1967 c 184 § 8.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. (2008 Ed.) 85.15.090 Review by superior court—How taken. The decision of the board of county commissioners upon any objection made within the time and in the manner prescribed may be reviewed by the superior court of the county wherein the property in question is located, upon appeal thereto taken in the following manner: Any person aggrieved must file his petition for writ of review with the clerk of the superior court wherein the property is located within ten days after the roll affecting such aggrieved party was adopted by resolution, and serve a copy thereof upon the county treasurer. The petition shall describe the property in question, shall set forth the written objections which were made to the decision, and the date of filing of such objections, and shall be signed by such party or someone in his behalf. The court shall forthwith grant such petition if correct as to form and filed in accordance with this chapter. [1967 c 184 § 10.] 85.15.090 85.15.100 Review by superior court—Transcript— Contents—Filing. Within ten days from the filing of such petition for review, the county treasurer, unless the court shall grant additional time, shall file with the clerk of the superior court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by the person reviewing before the roll was adopted, and a copy of the resolution adopting the roll. [1967 c 184 § 11.] 85.15.100 85.15.110 Review by superior court—Filing fees— Bond—Priority of cause. The county clerk shall charge the same filing fees for petitions for review as in civil actions. At the time of the filing of such a petition with the clerk, the appellant shall execute and file a bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of the court, conditioned upon his prosecuting his appeal without delay and to guarantee all costs which may be assessed against him by reason of such review. The court shall, on motion of either party to the cause, with notice to the other party, set the cause for trial at the earliest time available to the court, fixing a date for hearing and trial without a jury. 85.15.110 [Title 85 RCW—page 45] 85.15.120 Title 85 RCW: Diking and Drainage The cause shall have preference over all civil actions pending in the court except eminent domain and forcible entry and detainer proceedings. [1967 c 184 § 12.] 85.15.120 Review by superior court—Scope—Judgment. At the trial the court shall determine whether the board of county commissioners has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the finding of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm, correct, or modify the values of the property in question as shown upon the roll, and a certified copy thereof shall be filed with the county treasurer, who shall change, modify, or correct the roll as and if required by the judgment. [1967 c 184 § 13.] 85.15.120 85.15.130 Appellate review. Appellate review may be sought as in other civil cases: PROVIDED, That review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals may change, conform, correct, or modify the values of the property in question as shown upon the roll. A certified copy of any judgment of the supreme court or the court of appeals shall be filed with the county treasurer having custody of such roll, who shall thereupon change, modify, or correct such roll in accordance with such judgment as and if required. [1988 c 202 § 78; 1971 c 81 § 163; 1967 c 184 § 14.] 85.15.130 Severability—1988 c 202: See note following RCW 2.24.050. 85.15.140 Levy is for continuous benefits to protected property. The dollar rate levies collected from time to time under this chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner specified in this chapter as a just and equitable way for all protected property to share the expense of such required protection and services. [1973 1st ex.s. c 195 § 114; 1967 c 184 § 15.] 85.15.140 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.15.150 Annual estimate of costs—Levy added to general taxes—Delinquencies—Disposition of revenue. The board of any improvement district proceeding under this chapter shall, on or before the first day of September of each year, make an estimate of the costs reasonably anticipated to be required for the effective functioning of the district during the ensuing year and until further revenue therefor can be made available, and shall cause its chairman or secretary to file the same with the board of county commissioners of the county containing the district and other benefited area. The board of county commissioners shall, on or before the first Monday in October next ensuing, certify the amount of the district’s estimate, or such amount as it shall deem advisable, to the county treasurer. The amount so certified shall be applied by the regular taxing agencies against the benefit valuation of lands, buildings and improvements as shown by the then current complete roll of such properties certified to and filed with such county treasurer by the board of county commissioners. When thus levied, the amount of assessment pro85.15.150 [Title 85 RCW—page 46] duced thereby shall be added by the general taxing authorities to the general taxes against said lands and collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same rate and in the same manner as general taxes and they shall be included in and be made a part of any general tax foreclosure proceedings, according to the provisions of law with relation to such foreclosures. As assessment collections are made, the county treasurer shall credit the same to the funds of the district. [1967 c 184 § 16.] 85.15.160 Emergency expenditures—Warrants. In the case of an emergency or disaster occurring after the time of making the annual estimate of costs, declared to be such by resolution of the board, the board of the district may incur additional obligations and issue valid warrants therefor in excess of such estimate, in the manner provided by law for issuance of warrants by districts and the servicing thereof. All such warrants so issued shall be valid and legal obligations of the district and its taxable lands and improvements as shown upon the then current roll of the district filed with the county treasurer. [1967 c 184 § 17.] 85.15.160 85.15.170 Concurrent use of other methods of raising revenue. Any diking, drainage, or sewerage improvement district operating under this chapter shall not use concurrently the processes provided for raising revenue for maintenance purposes under any other law: PROVIDED, That any other method of raising such revenue provided by law may be used concurrently for the sole purpose of extinguishing indebtedness incurred before the district adopts the procedures of this chapter, and no funds raised hereunder shall be used to pay such prior indebtedness. [1967 c 184 § 18.] 85.15.170 Chapter 85.16 RCW MAINTENANCE COSTS AND LEVIES— IMPROVEMENT DISTRICTS Chapter 85.16 Sections 85.16.010 85.16.020 85.16.030 85.16.060 85.16.070 85.16.080 85.16.090 85.16.110 85.16.115 85.16.120 85.16.130 85.16.150 85.16.160 85.16.170 85.16.180 85.16.190 85.16.200 85.16.210 85.16.220 85.16.230 85.16.900 Definitions. Maintenance estimate and levy. Excess expenditures. Determination of special benefits—Hearing. Notice of hearing. Appraisal of special benefits. Factors to be considered in making appraisal—Report and schedule. Separate appraisals and schedules for diking and drainage benefits. Determining special benefit to portion of lot, tract, or parcel. Apportionment of levy for extraordinary expenditures— Appraisal and hearing. Conduct of hearing on appraisers’ report—Correction, etc., of schedules. Approval of schedules—Separate funds for diking, drainage systems. Roll of benefits—Benefits to be basis of levies. Levy for extraordinary expenditures—Roll. Authorizing extraordinary work—Temporary construction warrants. Judicial review—Regularity, validity of proceedings. Redetermination of special benefits—Hearing. Conduct of hearing on special benefits—Modification of schedules—Judicial review. Other provisions shall apply—Exceptions. Erroneous assessment—Correction. Severability—1949 c 26. (2008 Ed.) Maintenance Costs and Levies—Improvement Districts 85.16.010 Definitions. As used in this chapter: (1) "Appraisers" means the board of appraisers; (2) "Supervisors" means the district board of supervisors; (3) "Board" means the board of county commissioners; (4) "Auditor" means the county auditor; (5) "Treasurer" means the county treasurer; and (6) "Maintenance", "maintenance of the system of improvements", "maintenance work", and other terms of similar import, mean and include not merely operating expenses and such upkeep and other work commonly classed as maintenance as shall be necessary to restore and preserve the district’s system of improvement and the machinery and equipment operated in connection therewith in the same or as good condition as when originally constructed and installed, but also: (a) The making of such changes in and betterments to the original works, improvements and installations as shall, subject to the approval of the board, be by the supervisors deemed necessary to put the system of improvements into such condition that it shall provide adequate drainage and protection from overflow for the lands within the district as contemplated and intended by the original construction and any enlargement and extension thereof thereafter made; and (b) all costs and expenses incident to any determination or redetermination of benefits and apportionment of costs made under the terms of this chapter. [1949 c 26 § 1; Rem. Supp. 1949 § 4459-20.] 85.16.010 85.16.020 Maintenance estimate and levy. On or before the first Monday in September in each year the supervisors of each diking, drainage or sewerage improvement district shall make and file with the board of the county containing such district, a statement and estimate in writing of the amount required for the maintenance of the system of improvements of said district for the ensuing fiscal year. The board shall, on or before the first Monday in October next ensuing, levy assessments for the amount of said estimate, or such amount as it shall deem advisable, upon the property within the district and against the state, the county containing such district, and the cities, towns and other municipal corporations within such district in respect of all highways, roads and streets and other lands, improvements, and facilities chargeable therewith owned by them respectively within such district. Said assessments shall be levied in the same proportion as the assessments to pay the original cost of construction of said system of improvements: PROVIDED HOWEVER, That when a determination or redetermination of benefits accruing to the properties within the district from the maintenance of the district’s system of improvements or from the maintenance of the district’s diking system and drainage system separately shall have been made, as hereinafter in this chapter provided, then the assessments for maintenance shall be levied in proportion to the benefits accruing to each piece or parcel of property and improvements benefited according to the latest determination of such benefits. Each such levy as made shall be certified by the auditor to the treasurer, who shall extend the same upon the district assessment roll. [1949 c 26 § 2; Rem. Supp. 1949 § 4459-21.] 85.16.020 85.16.030 Excess expenditures. In maintaining a system of improvements of any such district the supervisors 85.16.030 (2008 Ed.) 85.16.080 thereof may at any time, with the approval of the county legislative authority and upon determination by such county legislative authority that an emergency exists, make expenditures in excess of the last annual maintenance assessments theretofore made, which excess amount or amounts shall in such event be included in the maintenance assessments for the succeeding year except as otherwise herein provided. [1986 c 278 § 33; 1983 c 167 § 197; 1949 c 26 § 3; Rem. Supp. 1949 § 4459-22. Formerly RCW 85.16.030, 85.16.040, part and 85.16.050.] Severability—1986 c 278: See note following RCW 36.01.010. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 85.16.060 Determination of special benefits—Hearing. At any time and from time to time, after completion of the original construction of any such district’s system of improvements or after the completion of any alteration, reduction, enlargement, addition to, or other improvement of the system not constituting maintenance, as herein defined, the board may upon their own initiative, or upon petition filed by at least ten percent of the total number of owners of property within the district subject to assessments for maintenance, as shown by the latest assessment roll of the district shall, fix a date for and hold a hearing at the county seat for the purpose of determining or redetermining the special benefits accruing from the maintenance of the district’s system of improvements to all property benefited thereby. [1961 c 16 § 2. Prior: 1951 c 63 § 1; 1949 c 26 § 4, part; Rem. Supp. 1949 § 4459-23, part.] 85.16.060 85.16.070 Notice of hearing. Notice of the hearing shall be given by publication in the official county newspaper and in such other newspaper published in or near the district as the county legislative authority may in its discretion direct, once a week for two consecutive weeks, the last publication of which shall be not less than seven nor more than fourteen days before the date of the hearing. Also, the county legislative authority shall serve by mail, at least ten days before the hearing, upon the commissioner of public lands of the state two copies of the published notice of the hearing together with a statement showing the amount of benefits determined by the appraisers in respect of each parcel of state, school, granted, or other lands owned by the state in the district, and shall similarly serve notice of the hearing upon the secretary of transportation, with a statement showing the amount of benefits determined by the appraisers in respect of any state primary or secondary highways within the district. [1984 c 7 § 378; 1949 c 26 § 6; Rem. Supp. 1949 § 4459-25.] 85.16.070 Reviser’s note: The powers and duties of the commissioner of public lands have been transferred to the department of natural resources; see 1957 c 38 §§ 1, 13; RCW 43.30.010, 43.30.411. Severability—1984 c 7: See note following RCW 47.01.141. 85.16.080 Appraisal of special benefits. At or within two weeks of the time of fixing the date for such hearing the board shall appoint three qualified appraisers, at least one of whom shall be a resident of the county in which said district is situated, who shall qualify as provided in RCW 85.08.360. Thereupon said appraisers shall proceed immediately to carefully examine the district’s system of improvements and the 85.16.080 [Title 85 RCW—page 47] 85.16.090 Title 85 RCW: Diking and Drainage public and private property within the district, and fairly, justly and equitably determine and apportion the special benefits which will accrue from the maintenance of the district’s system of improvements to each piece or parcel of privately and publicly owned land, together with the buildings and other permanent improvements thereon, and to the state, county, cities, towns and other municipal corporations for their roads and streets and other property within the district. The fact that any such property shall be exempt from general taxes shall not exempt the same from the provisions hereof. [1961 c 16 § 3. Prior: 1949 c 26 § 4, part; Rem. Supp. 1949 § 4459-23, part.] tioned benefit valuations to the county treasurer. The county treasurer, upon receipt of such certification, shall accept payment and issue receipt on the certified apportionment. If a written protest to such apportionment is filed with the county treasurer, the matter shall be heard by the county commissioners at their next regular session for final apportionment and the county treasurer shall accept and receipt for such assessments as determined and ordered by the county commissioners. [1951 c 63 § 4.] County road engineer: Chapter 36.80 RCW. District engineer: RCW 85.08.010. 85.16.120 Apportionment of levy for extraordinary expenditures—Appraisal and hearing. Whenever the board shall provide that a levy to meet extraordinary maintenance expenditures shall be spread over a term of years and warrants or bonds issued as provided in RCW 85.16.030, said board shall fix a date for and hold a hearing and appoint appraisers as provided in RCW 85.16.060 and 85.16.080. Said appraisers, in addition to discharging the duties imposed upon the appraisers by RCW 85.16.060, 85.16.080 and 85.16.090, shall: (1) Apportion the estimated costs of such extraordinary maintenance work to the properties within the district in proportion to the benefits accruing to said properties from the maintenance of the district’s system of improvements as determined by them; and (2) file a complete schedule of said apportionment of costs with the board. [1961 c 16 § 5; 1949 c 26 § 8; Rem. Supp. 1949 § 4459-27.] 85.16.120 85.16.090 Factors to be considered in making appraisal—Report and schedule. The appraisers shall carefully consider and take into account all factors, situations and conditions which lawfully may be taken into consideration as bearing upon and determining such benefits and to that end may make such investigations, hold such hearings, and receive such evidence as they may deem proper and shall file their sworn report, with a complete schedule of all property within the district and the special benefits determined by them as accruing to each piece and parcel thereof, not less than twenty days prior to the date fixed for the hearing by the board. [1949 c 26 § 5; Rem. Supp. 1949 § 4459-24. Formerly RCW 85.16.090 and 85.16.100.] 85.16.090 85.16.110 Separate appraisals and schedules for diking and drainage benefits. In a district which functions both as a diking and a drainage improvement district, the appraisers, if so directed in the order of the board appointing them, shall determine separately, in accordance with RCW 85.16.060 and 85.16.080, the special benefits accruing to the various properties within the district from the maintenance of the diking system and from the maintenance of the drainage system, and in such case their report shall contain separate schedules of the respective benefits accruing from the maintenance of the diking and drainage systems of improvement considered separately and, so far as may be, independently of each other. [1961 c 16 § 4; 1949 c 26 § 7; Rem. Supp. 1949 § 4459-26.] 85.16.110 85.16.115 Determining special benefit to portion of lot, tract, or parcel. When any person applies to the county treasurer to pay the diking, drainage or sewerage improvement district assessments upon a portion of a lot, tract or parcel upon which special benefits have been confirmed, the county treasurer shall refer such matter to the county engineer for investigation. The county engineer shall apportion the total benefits found as to such lot, tract or parcel between the portions thereof in such manner as may be fair, just and equitable taking into account all factors, situations and conditions which may be lawfully taken into consideration in determining such special benefits. Unless the several owners interested in said lot, tract or parcel assent to the apportionment so made, the county engineer shall give notice to the apportionment by mail to them, if known. Upon assent of the interested owners or after the expiration of five days from the date of notice without the filing of a written protest to the apportionment, the county engineer shall certify in writing the appor85.16.115 [Title 85 RCW—page 48] 85.16.130 Conduct of hearing on appraisers’ report—Correction, etc., of schedules. At the hearing upon the report of the appraisers, which may be adjourned from time to time until finally completed, the board shall carefully examine and consider the special benefits and the apportionment of estimated costs determined by the appraisers and reported in the schedule or schedules, and any objections thereto which shall have been made in writing and filed with the board on or prior to ten o’clock a.m. of the date fixed for such hearing. Each objector shall be given reasonable time and opportunity to submit evidence and be heard on the merits of his objections. At the conclusion of such hearing, the board shall so correct, revise, raise, lower, change or modify such schedule or schedules, or any part thereof, or strike therefrom any property not specially benefited, as to said board shall appear equitable and just. The board shall cause the clerk of the board to enter on each such schedule or schedules all such additions, cancellations, changes and modifications made by it. [1949 c 26 § 9; Rem. Supp. 1949 § 445928. Formerly RCW 85.16.130 and 85.16.140.] 85.16.130 85.16.150 Approval of schedules—Separate funds for diking, drainage systems. When the board shall have determined that the schedule or schedules of benefits and/or apportionment of costs as filed or as changed and modified by it are fair, just and equitable and, if estimated costs have been apportioned, that said benefits equal or exceed said costs apportioned, the members of the board approving the same shall sign said schedule or schedules and cause the clerk of the board to attest their signatures under his seal, and shall enter an order in the journal approving and confirming the 85.16.150 (2008 Ed.) Maintenance Costs and Levies—Improvement Districts final determination of such benefits and apportionment of costs and all proceedings leading thereto and in connection therewith. If separate schedules be established for maintenance of the diking system and of the drainage system, the board shall by order establish two separate maintenance funds, one for the maintenance of the diking system and one for the maintenance of the drainage system. [1949 c 26 § 10; Rem. Supp. 1949 § 4459-29.] 85.16.160 Roll of benefits—Benefits to be basis of levies. Upon the approval and final determination of benefits the auditor shall immediately prepare a completed roll thereof, which shall contain a copy of the order of the board approving and confirming said benefits as finally determined, and shall deliver said roll to the treasurer. Said benefits shall be the basis for the apportionment and collection of maintenance levies thereafter made by the board. [1949 c 26 § 11; Rem. Supp. 1949 § 4459-30.] 85.16.160 85.16.170 Levy for extraordinary expenditures— Roll. Upon the approval and final determination of the apportionment of estimated costs of extraordinary maintenance expenditures as provided in RCW 85.16.120 and 85.16.130, the board shall levy the amounts so apportioned against all the properties benefited and the amounts assessed against the state, county, cities and towns, and other municipal corporations benefited, and the auditor shall immediately prepare a completed roll thereof, which shall contain a copy of the order of the board approving and confirming said apportionment of estimated costs as finally determined and fixing and levying the assessments therefor, and shall deliver said roll to the treasurer for collection in accordance with the order of the board. [1949 c 26 § 12; Rem. Supp. 1949 § 445931.] 85.16.170 85.16.180 Authorizing extraordinary work—Temporary construction warrants. The county legislative authority shall thereupon enter an order authorizing the contemplated extraordinary maintenance work to be done and authorizing the issuance of temporary construction warrants to pay the cost of said work as it progresses, which warrants may bear interest at such rate or rates of interest as the county legislative authority shall determine. Warrants to pay the costs of such extraordinary maintenance may be issued and sold at one time or from time to time and in such series and amounts as may be found practicable and as determined by the board. [1986 c 278 § 34; 1983 c 167 § 198; 1970 ex.s. c 56 § 92; 1969 ex.s. c 232 § 54; 1949 c 26 § 13; Rem. Supp. 1949 § 4459-32. Formerly RCW 85.16.040 and 85.16.180.] 85.16.180 Severability—1986 c 278: See note following RCW 36.01.010. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 85.16.190 Judicial review—Regularity, validity of proceedings. The decision of the board upon any objections to the determination of benefits and/or apportionment of costs and/or the levy of the assessments therefor, made within 85.16.190 (2008 Ed.) 85.16.210 the time and in the manner prescribed in RCW 85.16.130, may be reviewed by the superior court of the county in which the district is situated and thereafter by the supreme court or the court of appeals within the time and in the manner and upon the conditions, so far as applicable, provided in RCW 85.08.440, with respect to appeals from and appellate review of the board’s apportionment of the cost of construction of the district’s system of improvements. The provisions of RCW 85.08.450, shall be controlling as to the regularity, validity, and conclusiveness of all the proceedings hereunder. [1988 c 202 § 79; 1971 c 81 § 164; 1949 c 26 § 14; Rem. Supp. 1949 § 4459-33.] Severability—1988 c 202: See note following RCW 2.24.050. 85.16.200 85.16.200 Redetermination of special benefits— Hearing. Whenever, after the determination of special benefits accruing from the maintenance of the district’s system of improvements, it appears to the board from a petition filed by the affected property owner or owners or otherwise, that by reason of permanent improvements or additions made, removed, abandoned or destroyed by fire or other casualty, or of other changes in the character or condition of the property, the benefits theretofore determined in respect to any one or more pieces or parcels of property are no longer fair, just and equitable, then the board shall appoint three appraisers who shall qualify as in RCW 85.08.360 hereof. Said appraisers shall proceed immediately to carefully examine the pieces or parcels of property as to which since the last determination of special benefits thereto there have been permanent improvements or additions made, removed, abandoned or destroyed by fire or other casualty or other changes in the character or condition of the property. Said appraisers shall file their sworn report with the board setting forth the special benefits determined by them as accruing to each piece and parcel of property examined by them not less than ten days prior to the date of hearing. The board shall hold a hearing thereon at the county seat at the time of equalization of the real property assessment and shall give notice thereof as provided in RCW 85.16.070. [1951 c 63 § 2; 1949 c 26 § 15; Rem. Supp. 1949 § 4459-34.] 85.16.210 85.16.210 Conduct of hearing on special benefits— Modification of schedules—Judicial review. At such hearing, which may be adjourned from time to time as may be necessary to give all persons interested or affected a reasonable opportunity to be heard, and after consideration of all evidence offered and all factors, situations and conditions bearing upon or determinative of the benefits accruing and to accrue to such pieces or parcels of property, the board shall correct, revise, raise, lower, or otherwise change or confirm the benefits as theretofore determined, in respect of such pieces or parcels of property, as to it shall seem fair, just and equitable under the circumstances, and thereafter such proceedings shall be had with respect to the confirmation or determination of the benefits and making and filing of a roll thereof, as are in RCW 85.16.130, 85.16.150 and 85.16.160 provided. Any property owner affected by any change thus made in the determination of benefits accruing to his property who shall have appeared at the hearing by the board and made written objections thereto as provided in RCW [Title 85 RCW—page 49] 85.16.220 Title 85 RCW: Diking and Drainage 85.16.130, may appeal from the action of the board to the superior court and seek appellate review by the supreme court or the court of appeals, within the time, in the manner and upon the conditions, so far as applicable, provided in RCW 85.08.440, with respect to appeals from the order of the board confirming the apportionment of the original cost of construction. [1988 c 202 § 80; 1971 c 81 § 165; 1949 c 26 § 16; Rem. Supp. 1949 § 4459-35.] Severability—1988 c 202: See note following RCW 2.24.050. 85.16.220 Other provisions shall apply—Exceptions. The provisions of *RCW 85.08.280, 85.08.310, 85.08.320, 85.08.420, 85.08.430, and 85.08.480 through 85.08.520, shall be deemed and hereby are made a part of this chapter insofar as they may be applicable hereto, except that the unpaid assessments or installments thereof, which may have been levied for extraordinary maintenance costs as provided in RCW 85.16.170, shall bear interest at a rate determined by the county legislative authority. [1981 c 156 § 25; 1949 c 26 § 17; Rem. Supp. 1949 § 4459-36.] 85.16.220 *Reviser’s note: RCW 85.08.280 was repealed by 1986 c 278 § 46. 85.16.230 Erroneous assessment—Correction. Whenever any payer of a diking, drainage, or sewerage improvement district maintenance assessment believes that, through obvious error in name, number, description, amount of benefit valuation, double assessment, or extension, or other obvious error, property on which he has paid an assessment has been erroneously assessed, he may pay such assessment under protest. If, within thirty days after such payment under protest, he files with the board a written verified petition setting out his name, address and legal description of the property, the nature of the obvious error alleged to have been made, and the date and amount of any assessment paid thereon, the board shall cause such claim to be investigated. If upon investigation any assessment is found to be erroneous through obvious error, the board shall order such assessment to be corrected if no bond or long term warrant issue is affected. Where correction is ordered of an erroneous assessment already collected, the auditor, upon receipt of a certified copy of the board’s order of correction, shall refund to the person paying the assessment the difference between the correct assessment and the erroneous assessment, plus legal interest on such difference from date of payment, by a warrant drawn on the maintenance fund of the district. [1951 c 63 § 3.] 85.16.230 85.16.900 Severability—1949 c 26. The adjudication of invalidity of any section, clause or part of a section of this act shall not impair or otherwise affect the validity of this act as a whole, or any other part hereof. [1949 c 26 § 19.] 85.16.900 Chapter 85.18 Chapter 85.18 RCW LEVY FOR CONTINUOUS BENEFITS— DIKING DISTRICTS Sections 85.18.005 85.18.010 85.18.020 85.18.030 Declaration of purpose. Levy for continuous benefits authorized—Base benefits. Roll of protected property. Hearing on roll—Determining continuous base benefit. [Title 85 RCW—page 50] 85.18.040 85.18.050 85.18.060 85.18.070 85.18.080 85.18.090 85.18.100 85.18.110 85.18.120 85.18.130 85.18.140 85.18.150 85.18.160 85.18.170 85.18.180 85.18.900 Notice of hearing. Procedure on hearing—Objections. Additional roll as to particular property—Procedure. Roll to be certified and filed. Roll to provide basis for levy. Roll and proceedings conclusive—Exceptions—Right to injunction. Review by superior court—How taken. Review by superior court—Transcript—Contents—Filing. Review by superior court—Filing fee—Bond—Priority of cause. Review by superior court—Scope—Judgment. Appellate review. Levy is for continuous benefits only. Annual estimate of costs—Levy as part of general taxes. Emergency expenditures—Warrants. Levy is exclusive method for raising revenue—Exception. Severability—1951 c 45. 85.18.005 Declaration of purpose. The state declares that it has an interest in protecting and preserving productive land and buildings needed to make business function continuously. Where organized diking districts, through their improvements, have reclaimed land or protected it from overflow and have enabled erection of improvements thereon or have furnished such land and buildings protection against flood water, it is necessary to provide a just and equitable method to enable such diking districts continuously to function effectively. It is declared that there is a direct relationship, where such conditions exist, between the continuous functioning of such districts and the fair value of the lands and buildings thereon, or to be erected thereon, thus afforded protection. [1951 c 45 § 1.] 85.18.005 85.18.010 Levy for continuous benefits authorized— Base benefits. When any diking district has been organized and the improvements made afford protection to land and buildings within such district against damage or destruction from overflow waters in that the level of the land and of the foundational structures of buildings thereon is below the water level at flood or high tide stages of the waters, fresh or salt, against which such district improvements furnished protection, the board of diking commissioners of such district may, under the procedure established in this chapter, determine such fact and by resolution so declare; and may provide that the cost of continued functioning of the district shall be paid through levies of dollar rates made and collected according to this chapter against the land and buildings thus protected, based upon the determined base benefits received by such land and buildings. [1973 1st ex.s. c 195 § 115; 1951 c 45 § 2.] 85.18.010 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.18.020 Roll of protected property. To operate under this chapter, the board shall cause to be prepared and filed with it a roll containing descriptions of the land and buildings thereon within the district to which its improvements furnish the nature of protection set forth in RCW 85.18.010. The roll shall show descriptions of the land and the name of its owner, or reputed owner, and such owner’s address, as shown upon the tax roll of the treasurer of the county wherein the property is located, and the determined value of such land and any buildings thereon as last assessed 85.18.020 (2008 Ed.) Levy for Continuous Benefits—Diking Districts and equalized by the taxing agencies of such county. [1951 c 45 § 3.] 85.18.030 Hearing on roll—Determining continuous base benefit. After the roll is prepared the board shall give notice of a time and place at which the board will hold a public hearing to determine whether the facts and conditions heretofore recited in this chapter as a prerequisite to its application do or do not exist, and if so found to exist by said board at said hearing, then the board shall by resolution so declare. The notice shall also state that at said hearing, or any continuance thereof, the board will sit to consider said roll and to determine the continuous base benefits which each of the properties thereon are receiving and will receive from the continued operation and functioning of such district, which shall in no instance exceed one hundred percent of the true and fair value of such property in money, will consider all objections made thereto or to any part thereof, and will correct, revise, lower, change, or modify such roll as shall appear just and equitable; that when correct benefits are fixed upon said roll by said board, it will adopt said roll by resolution as establishing, until modified as hereinafter provided, the continuous base benefit to said protected lands and buildings against which will be levied and collected dollar rates to provide funds for the continuous functioning of said district. [1973 1st ex.s. c 195 § 116; 1951 c 45 § 4.] 85.18.030 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.18.040 Notice of hearing. The notice of the time and place of hearing shall be given to any owner, or reputed owner, of the property which is listed on the roll as aforesaid, by mailing a copy thereof at least thirty days before the date fixed for the hearing to the owner or owners at his or their address as shown on the tax rolls of the county treasurer for the property described. In addition thereto, the notice shall be published at least once a week for three consecutive weeks in a newspaper of general circulation in the district. At least fifteen days must elapse between the last date of publication thereof and the date fixed for the hearing. [1985 c 469 § 76; 1951 c 45 § 5.] 85.18.040 85.18.050 Procedure on hearing—Objections. At said hearing, or adjournments thereof, the board shall review said roll and determine the continuous base benefits to land and buildings furnished continuous protection by the improvement system of the district; hear objections to the adoption of said roll; correct, revise, change, modify or set aside such roll, or any part thereof, as to the board shall appear equitable and just; and then adopt the same by resolution. All objections to this or any subsequent roll must be in writing and filed with the board during the hearing before the roll is adopted and must state clearly the grounds of objection. Objections not made within the time and in the manner herein prescribed shall be conclusively presumed to have been waived. [1951 c 45 § 6.] 85.18.090 tected land or buildings thereon have been omitted from the existing roll, or new buildings have been added to lands, or the condition of land or buildings has changed, and in the initial judgment of the board such land or the buildings thereon was such that it was furnished the protective benefits of the improvements of the district, the board shall cause at each such time an additional roll of such property to be filed with it, and hold a hearing to determine and make such corrections, additions, alterations and modifications of the benefits to such property only, and to hear any objections filed as to such property only. The board shall give notice of such hearing to the owner, or reputed owner, of the property involved, at the address of such owner as then shown on the tax rolls of the treasurer of the county wherein the property is located, in the same way and manner as herein provided for consideration of the original roll, but such notice need not be published. At the hearing, or any adjournment thereof, the board shall have power to correct, revise, change, modify, or set aside such roll, or any part thereof, as shall be deemed just and equitable, and then adopt the same by resolution. [1951 c 45 § 7.] 85.18.070 85.18.070 Roll to be certified and filed. When any roll or additional or supplemental roll be adopted by the board of commissioners, the same shall be certified to, and filed with, the auditor of the county wherein the property contained on said roll is situated, and shall supplement said original roll. [1951 c 45 § 8.] 85.18.080 85.18.080 Roll to provide basis for levy. Until further modified, amended, or changed by an additional or supplemental roll certified to the county auditor after the foregoing procedure is had, the original roll, as modified or supplemented, if the same is done, shall serve as the base of benefits to the land and buildings protected by the improvement system of said district against which dollar rate is levied and collected from time to time for the continued functioning of said diking district. [1973 1st ex.s. c 195 § 117; 1951 c 45 § 9.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.18.050 85.18.060 Additional roll as to particular property— Procedure. The board shall, from time to time, examine the properties within said district, and if it finds that any pro85.18.060 (2008 Ed.) 85.18.090 85.18.090 Roll and proceedings conclusive—Exceptions—Right to injunction. Whenever any roll shall have been adopted by the board of commissioners, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties, and it cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll as provided in RCW 85.18.050 and appealing from the action of the board in confirming such roll in the manner and within the time in this chapter provided. No proceeding of any kind, except proceedings had through the process of appeal as in this chapter provided, shall be commenced or prosecuted or may be maintained, for the purpose of defeating or contesting any assessment or charge made through levies under this chapter, or the sale of any property to pay such charges: PROVIDED, HOWEVER, That suit in injunction may be brought to prevent collection of charges of assessments or [Title 85 RCW—page 51] 85.18.100 Title 85 RCW: Diking and Drainage sale of property thereunder upon the following grounds and no other: (1) That the property charged or about to be sold does not appear upon the district roll filed with the county auditor, or (2) The charge has been paid. [1951 c 45 § 10.] 85.18.100 85.18.100 Review by superior court—How taken. The decision of the board of commissioners upon any objection made within the time and in the manner prescribed may be reviewed by the superior court of the county wherein the property in question is located, upon appeal thereto taken in the following manner: Any person aggrieved must file his petition for writ of review with the clerk of the superior court wherein the property is located within ten days after the roll affecting such aggrieved party was adopted by resolution, and serve a copy thereof upon the commissioners. The petition shall describe the property in question, set forth the written objections which were made to the decision, the date of filing of such objections, and be signed by such party or one in his behalf. The court shall forthwith grant such petition if correct as to form and filed in accordance with this chapter. [1951 c 45 § 11.] 85.18.140 Appellate review. Appellate review may be sought as in other civil cases: PROVIDED, HOWEVER, That review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals, on such appeal, may change, confirm, correct or modify the values of the property in question as shown upon the roll. A certified copy of any judgment of the supreme court or the court of appeals shall be filed with the county auditor having custody of such roll, who shall thereupon change, modify, or correct such roll in accordance with such decision if required. [1988 c 202 § 81; 1971 c 81 § 166; 1951 c 45 § 15.] 85.18.140 Severability—1988 c 202: See note following RCW 2.24.050. 85.18.150 Levy is for continuous benefits only. The dollar rate levy returns collected from time to time under this chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner specified in this chapter as a just and equitable way for all protected property to share the expense of such required protection. [1973 1st ex.s. c 195 § 118; 1951 c 45 § 16.] 85.18.150 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.18.110 85.18.110 Review by superior court—Transcript— Contents—Filing. Within ten days from the filing of such petition for review, the commission, unless the court shall grant additional time, shall file with the clerk of such court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by the person reviewing before said roll was adopted, and a copy of the resolution adopting the roll. [1951 c 45 § 12.] 85.18.120 85.18.120 Review by superior court—Filing fee— Bond—Priority of cause. The county clerk shall charge the same filing fees for petitions for review as in civil actions. At the time of the filing of such petition with the clerk, the appellant shall execute and file a bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of said court, conditioned upon his prosecuting his appeal without delay and to guarantee all costs which may be assessed against him by reason of such review. The court shall, on motion of either party to the cause, with notice to the other party, set said cause for trial at the earliest time available to the court, fixing a date for hearing and trial without a jury. Said cause shall have preference over all civil actions pending in said court except eminent domain and forcible entry and detainer proceedings. [1951 c 45 § 13.] 85.18.160 Annual estimate of costs—Levy as part of general taxes. The board of commissioners of any diking district proceeding under this chapter shall, on or before the first day of November of each year, make an estimate of the costs reasonably anticipated to be required for the effective functioning of such district during the ensuing year and until further revenue therefor can be made available, and cause its chairman or secretary to certify the same on or before said date to the county auditor, and the amount so certified shall be levied by the regular taxing agencies against the base benefits to the lands and buildings within such district as shown by the then current complete roll of such properties and the determined benefits thereto as therefore certified to and filed with such county auditor by the commissioners of such district. When thus levied, the amount of assessment produced thereby shall be added by the general taxing authorities to the general taxes against said lands and collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same rate and in the same manner as general taxes and they shall be included in and be made a part of any general tax foreclosure proceedings, according to the provisions of law with relation to such foreclosures. As assessment collections are made, the county treasurer shall credit the same to the funds of such district. [1951 c 45 § 17.] 85.18.160 85.18.170 Emergency expenditures—Warrants. In the case of an emergency or disaster not in contemplation at the time of making the annual estimate of costs, declared to be such by resolution of such board, the diking commissioners may incur additional obligations and issue valid warrants therefor in excess of such estimate, in the manner provided by law for issuance of warrants by diking districts and the servicing thereof, and all such warrants so issued shall be valid and legal obligations of such district and its taxable lands and improvements as shown upon the then current roll of said district filed with the county auditor. [1951 c 45 § 18.] 85.18.170 85.18.130 85.18.130 Review by superior court—Scope—Judgment. At the trial the court shall determine whether the board has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the finding of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm, correct, or modify the values of the property in question as shown upon the roll, and a certified copy thereof shall be filed with the county auditor, who shall change, modify or correct as and if required. [1951 c 45 § 14.] [Title 85 RCW—page 52] (2008 Ed.) Reorganization of Districts into Improvement Districts—1917 Act 85.18.180 Levy is exclusive method for raising revenue—Exception. Any diking district operating under this chapter shall not use the processes provided for raising revenue under any other law: PROVIDED, That any such other method of raising revenue provided by law may be used concurrently for the sole purpose of extinguishing indebtedness incurred before the district adopts the procedure of this chapter, and no funds raised hereunder shall be used to pay such prior indebtedness. [1951 c 45 § 19.] 85.18.180 85.18.900 Severability—1951 c 45. Should any section or provision of this act be declared unconstitutional or ineffectual, such action shall not affect or nullify any other provision or section thereof. [1951 c 45 § 20.] 85.18.900 Chapter 85.20 RCW REORGANIZATION OF DISTRICTS INTO IMPROVEMENT DISTRICTS—1917 ACT Chapter 85.20 Sections 85.20.010 85.20.020 85.20.030 85.20.050 85.20.070 85.20.120 85.20.140 85.20.150 Reorganization authorized. Petition to reorganize—Contents. Elections—Notice—Publication—Costs. Reorganized district—Board—Indebtedness not affected. Refunding bonds. Sale and issuance of refunding bonds. Powers of board. Extensions to compensate for inadequate benefits—Payment. 85.20.010 Reorganization authorized. Any drainage district or diking district organized under the provisions of chapter 115 or chapter 117 of the Laws of 1895, and the acts amendatory thereof, may be reorganized as a drainage improvement district or a diking improvement district, upon proceedings had in accordance with the provisions of this chapter. [1917 c 131 § 1; RRS § 4347. FORMER PART OF SECTION: 1933 c 182 § 1, now codified as RCW 85.22.010.] 85.20.010 Reviser’s note: Chapter 115, Laws of 1895 referred to herein is the basic diking district act codified as chapter 85.06 RCW, Part I, and chapter 117, Laws of 1895 is the basic drainage district act codified as chapter 85.05 RCW. 85.20.020 Petition to reorganize—Contents. For the purpose of securing such reorganization, a petition shall be presented to the clerk of the board of county commissioners of the county in which such district is located, at a regular or special meeting of the board. The petition shall be signed by the board of commissioners of the district and shall state the number of the district seeking to reorganize, and shall pray that such district be reorganized as a drainage or a diking improvement district. [1917 c 131 § 2; RRS § 4348. FORMER PART OF SECTION: 1933 c 182 § 2 now codified as RCW 85.22.020.] 85.20.020 85.20.030 Elections—Notice—Publication—Costs. Whenever a petition is presented as provided in RCW 85.20.020, the county legislative authority shall order an election to be held to determine if the district shall be reorganized. The county legislative authority shall specify the election date which may or may not be at the normal special district general election. Notice of the election shall be posted and published, and the election shall be conducted, as for any 85.20.030 (2008 Ed.) 85.20.120 special district election. The notice shall state the number of the district so petitioning to reorganize, the place where and the time when the election is to be held. The auditor shall certify the results of the election to the county legislative authority. If the proposition to reorganize the district is approved by a simple majority vote of the voters voting on the proposition, the district shall be reorganized as either a diking improvement district or drainage improvement district upon the county legislative authority ordering the reorganization. The district shall be liable to the county for its costs incurred for the election. [1985 c 396 § 48; 1917 c 131 § 3; RRS § 4349. FORMER PART OF SECTION: 1933 c 182 § 3 now codified as RCW 85.22.030.] Severability—1985 c 396: See RCW 85.38.900. 85.20.050 Reorganized district—Board—Indebtedness not affected. The board of commissioners of the drainage or diking district shall constitute the board of supervisors of the reorganized district. From the entry of an order under RCW 85.20.030 reorganizing the district, such reorganized district, and its board of supervisors, shall have all the rights and powers of and be subject to all laws applicable to a diking or drainage improvement district, and such district so reorganized shall be dissolved without any further proceedings therefor. Notwithstanding such dissolution and reorganization, none of the outstanding bonds, warrants or other indebtedness of the district, shall be affected thereby; and all lands liable to be assessed to pay any of such bonds, warrants or other indebtedness shall remain liable to the same extent as if such reorganization had not been made, and any and all assessments theretofore levied or made against any such lands shall be and remain unimpaired and shall be collected in the same manner as if no such reorganization had been had. The legislative authority of the county in which such reorganized district is situated shall have all the powers possessed at the time of the reorganization by the board of commissioners of such district to levy, assess, and cause to be collected any and all assessments or charges against any of the lands within such district that may be necessary or required to provide funds for the payment of all the bonds, warrants and other indebtedness thereof. [1985 c 396 § 49; 1917 c 131 § 5; RRS § 4351. FORMER PART OF SECTION: 1933 c 182 § 5, part, now codified in RCW 85.22.050. Formerly RCW 85.20.050, part and 85.20.060, part.] 85.20.050 Severability—1985 c 396: See RCW 85.38.900. 85.20.070 Refunding bonds. Whenever in any district reorganized under the provisions of this chapter any bonds issued prior to such reorganization shall become payable and the county legislative authority determines that it is in the interest of the property owners of the district to have refunding bonds issued, the county legislative authority may authorize the district to issue refunding bonds in accordance with chapter 85.38 RCW. [1986 c 278 § 35; 1917 c 131 § 6; RRS § 4352. FORMER PART OF SECTION: 1933 c 182 § 6, now codified as RCW 85.22.060.] 85.20.070 Severability—1986 c 278: See note following RCW 36.01.010. 85.20.120 Sale and issuance of refunding bonds. Upon the expiration of thirty days from the first publication 85.20.120 [Title 85 RCW—page 53] 85.20.140 Title 85 RCW: Diking and Drainage of the notice given by the treasurer as provided herein, the county legislative authority of the county in which all or the major part of the district is located may issue and sell refunding bonds of the district subject to chapter 85.38 RCW. [1986 c 278 § 36; 1917 c 131 § 11; RRS § 4357. FORMER PART OF SECTION: 1933 c 182 § 11 now codified as RCW 85.22.110.] Severability—1986 c 278: See note following RCW 36.01.010. 85.20.140 Powers of board. The board of county commissioners shall have all the powers possessed by the board of commissioners of any district reorganized under the provisions of this chapter prior to such reorganization, to levy assessments for the payment of the interest on any other bonds of the district not then payable and refunded under the provisions of this chapter, and to levy assessments to provide a sinking fund for the liquidation of such bonds at their maturity. Such assessments shall be called and collected in the manner provided by the law under which they were assessed, and such bonds shall be paid as provided by the law under which they were issued. Proper funds shall be established in the county treasury for the proceeds of the payments of such assessments, and such funds shall be applied to the payment of the bonds for the payment of which they were levied. [1917 c 131 § 13; RRS § 4359. FORMER PART OF SECTION: 1933 c 182 § 13 now codified as RCW 85.22.130.] 85.20.140 85.20.150 Extensions to compensate for inadequate benefits—Payment. Whenever in any district reorganized under the provisions of this chapter, extensions or additions are made to the system of improvements of the district to provide drainage or protection from overflow for lands previously found benefited and assessed for the construction of the original system of improvement which are not receiving benefits therefrom in proportion to the benefits found and the assessments levied against such lands, the costs of such extensions or additions shall be included as a cost of maintenance of the improvements of the district and shall be levied and collected in the manner provided for the levy and collection of such costs. [1917 c 131 § 14; RRS § 4360. FORMER PART OF SECTION: 1933 c 182 § 14 now codified as RCW 85.22.140.] 85.20.150 Chapter 85.22 RCW REORGANIZATION OF DISTRICTS INTO IMPROVEMENT DISTRICTS—1933 ACT Chapter 85.22 Sections 85.22.010 85.22.020 85.22.030 85.22.050 85.22.060 85.22.130 85.22.140 Reorganization authorized. Petition to reorganize—Contents. Elections—Notice—Publication—Costs. Reorganized district—Commissioners retained, powers— Effect of reorganization. Refunding bonds. Powers of board. Extensions to compensate for inadequate benefits—Payment. 85.22.010 Reorganization authorized. Any diking district; drainage district; irrigation improvement district; intercounty diking and drainage district; diking, drainage, and/or sewerage improvement district; consolidated diking district, drainage district, diking improvement district, and/or 85.22.010 [Title 85 RCW—page 54] drainage improvement district; or flood control district may reorganize as a drainage and irrigation improvement district or as a diking, drainage and irrigation improvement district in the manner provided in this chapter. [1993 c 464 § 1; 1933 c 182 § 1; RRS § 4477-1. Formerly RCW 85.20.010, part.] 85.22.020 Petition to reorganize—Contents. For the purpose of securing such reorganization, a petition shall be presented to the clerk of the board of county commissioners of the county in which such district is located, at a regular or special meeting of the board. The petition shall be signed by the board of commissioners of the district and shall state the number of the district seeking to reorganize, and shall pray that such district be reorganized as a drainage and irrigation improvement district or diking, drainage and irrigation improvement district. [1933 c 182 § 2; RRS § 4477-2. Formerly RCW 85.20.020, part.] 85.22.020 85.22.030 Elections—Notice—Publication—Costs. Whenever a petition is presented as provided in RCW 85.22.020, the county legislative authority shall order an election to be held to determine if the district shall be reorganized. The county legislative authority shall specify the election date which may or may not be the same as the regular special district general election. Notice of the election shall be posted and published, and the election shall be conducted, as for any special district election. The notice shall state the number of the district so petitioning to reorganize, the place where and the time when the election is to be held. The auditor shall certify the results of the election to the county legislative authority. If the proposition to reorganize the district is approved by a simple majority vote of the voters voting on the proposition, the district shall be reorganized as either a diking improvement district or drainage improvement district upon the county legislative authority ordering the reorganization. The district shall be liable to the county for its costs incurred for the election. [1985 c 396 § 50; 1933 c 182 § 3; RRS § 4477-3. Formerly RCW 85.20.030, part.] 85.22.030 Severability—1985 c 396: See RCW 85.38.900. 85.22.050 Reorganized district—Commissioners retained, powers—Effect of reorganization. The commissioners of the old district shall become the supervisors of the reorganized district and shall have all the rights and powers and be subject to all laws applicable to a diking or drainage improvement district. The supervisors shall also have the power of using such drainage ditches and equipment in the district for irrigation purposes at proper times and may adapt such ditches to such purposes by making the necessary improvements therein. The supervisors shall also have the right to purchase and install machinery, pumps and other equipment for the carrying on of such irrigation within the district. Notwithstanding such dissolution and reorganization, none of the outstanding bonds, warrants or other indebtedness of the district, shall be affected thereby; and all lands liable to be assessed to pay any of such bonds, warrants or other indebtedness shall remain liable to the same extent as if such reorganization had not been made, and any and all assessments theretofore levied or made against any such lands shall be and remain unimpaired and shall be collected 85.22.050 (2008 Ed.) Diking and Drainage Districts in Two or More Counties in the same manner as if no such reorganization had been had. The legislative authority of the county in which such reorganized district is situated shall have all the powers possessed at the time of the reorganization by the board of commissioners of such district to levy, assess, and cause to be collected any and all assessments or charges against any of the lands within such district that may be necessary or required to provide funds for the payment of all the bonds, warrants and other indebtedness thereof. [1985 c 396 § 51; 1933 c 182 § 5; RRS § 4477-5. Formerly RCW 85.20.050, part and 85.20.060, part.] Severability—1985 c 396: See RCW 85.38.900. 85.22.060 85.22.060 Refunding bonds. Whenever in any district reorganized under the provisions of this chapter any bonds issued prior to such reorganization shall become payable and the county legislative authority determines that it is in the interest of the property owners of the district to have refunding bonds issued, the county legislative authority may authorize the district to issue refunding bonds in accordance with chapter 85.38 RCW. [1986 c 278 § 37; 1933 c 182 § 6; RRS § 4477-6. Formerly RCW 85.20.070, part.] Severability—1986 c 278: See note following RCW 36.01.010. 85.22.130 85.22.130 Powers of board. The board of county commissioners shall have all the powers possessed by the board of commissioners of any district reorganized under the provisions of this chapter prior to such reorganization, to levy assessments for the payment of the interest on any other bonds of the district not then payable and refunded under the provisions of this chapter, and to levy assessments to provide a sinking fund for the liquidation of such bonds at their maturity. Such assessments shall be called and collected in the manner provided by the law under which they were assessed, and such bonds shall be paid as provided by the law under which they were issued. Proper funds shall be established in the county treasury for the proceeds of the payments of such assessments, and such funds shall be applied to the payment of the bonds for the payment of which they were levied. [1933 c 182 § 13; RRS § 4477-13. Formerly RCW 85.20.140, part.] 85.22.140 85.22.140 Extensions to compensate for inadequate benefits—Payment. Whenever in any district reorganized under the provisions of this chapter, extensions or additions are made to the system of improvements of the district to provide drainage or protection from overflow for lands previously found benefited and assessed for the construction of the original system of improvement which are not receiving benefits therefrom in proportion to the benefits found and the assessments levied against such lands, the costs of such extensions or additions shall be included as a cost of maintenance of the improvements of the district and shall be levied and collected in the manner provided for the levy and collection of such costs. [1933 c 182 § 14; RRS § 4477-14. Formerly RCW 85.20.150, part.] (2008 Ed.) 85.24.015 Chapter 85.24 RCW DIKING AND DRAINAGE DISTRICTS IN TWO OR MORE COUNTIES Chapter 85.24 Sections 85.24.010 85.24.015 85.24.025 85.24.065 85.24.070 85.24.071 85.24.073 85.24.075 85.24.077 85.24.079 85.24.080 85.24.130 85.24.140 85.24.150 85.24.160 85.24.170 85.24.180 85.24.190 85.24.200 85.24.220 85.24.235 85.24.240 85.24.250 85.24.260 85.24.261 85.24.263 85.24.265 85.24.270 85.24.275 85.24.280 85.24.285 85.24.290 85.24.310 85.24.900 Districts authorized—Powers—Designation. Certain powers and rights governed by chapter 85.38 RCW. Annexation of territory—Consolidation of special districts— Suspension of operations—Reactivation. Special assessments—Budgets—Alternative methods. Board of commissioners—Oath, bond—Plan of improvement—Levy of assessment, procedure. Board of commissioners—Power to conduct business, make contracts, etc. Board of commissioners—Construction and maintenance powers. Board of commissioners—Duties of board officers—Quorum. Board of commissioners—Power to adjourn proceedings. Board of commissioners—Rules and regulations. Board of commissioners—Compensation and expenses. Objections to assessment—Procedure. Judicial review. Lien of assessments—Notice and collection. Payment of assessment without interest. District treasurer—Collection, remittance and disbursement of assessments. Sale of property for delinquency—Procedure—Purchaser’s interest. Disposal by commissioners of lands not redeemed from sale— Use of proceeds. Reassessments. Segregation of assessments. Special assessment bonds. Counties to contribute for benefits to roads, bridges, or health of people. Municipality may contribute. Acquisition of property—Eminent domain. Eminent domain—Procedure. Eminent domain—Rights-of-way. Eminent domain—Against public lands. Cities may be included in district. Assessment of state lands. Improvement of streams—Scope of powers. Improvement of streams—Stream beds are property of district—Disposition. Service of notices on agent of owner. Adjustment of indebtedness with the state. Validation of existing districts—1923 c 140. Special district creation and operation: Chapter 85.38 RCW. 85.24.010 Districts authorized—Powers—Designation. Whenever a portion of two or more counties require diking, drainage, or the erection of flood dams or drift barriers to prevent inundations, such portion of two or more counties may be organized into a district; and the board of commissioners, hereinafter provided for, shall have and possess the powers herein conferred, or that may hereafter be conferred by law upon such districts and board of commissioners, and all such powers not in conflict with those herein granted, which now exist under the provisions of the laws of the state relating to the establishment, construction and maintenance of dikes and drains; and such districts shall be known and designated as "Diking and Drainage District No. . . . . in . . . . . . and . . . . . . counties (here insert name of counties), of the state of Washington"; and shall have the right to sue and be sued by, in the name of its board of commissioners herein provided for, and shall have perpetual succession, and shall adopt and use a seal. [1923 c 140 § 1; 1909 c 225 § 1; RRS § 4361.] 85.24.010 85.24.015 Certain powers and rights governed by chapter 85.38 RCW. Intercounty diking and drainage districts shall possess the authority and shall be created, district 85.24.015 [Title 85 RCW—page 55] 85.24.025 Title 85 RCW: Diking and Drainage voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 34.] Severability—1985 c 396: See RCW 85.38.900. 85.24.025 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. Intercounty diking and drainage improvement districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW. [1986 c 278 § 14.] 85.24.025 Severability—1986 c 278: See note following RCW 36.01.010. 85.24.065 Special assessments—Budgets—Alternative methods. RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which intercounty diking and drainage districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which intercounty diking and drainage districts created after July 28, 1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 27.] 85.24.065 Severability—1985 c 396: See RCW 85.38.900. 85.24.070 Board of commissioners—Oath, bond— Plan of improvement—Levy of assessment, procedure. A three-member board of commissioners shall be the governing body of an intercounty diking and drainage district. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The members of such board, before entering upon their duties, shall take and subscribe on oath substantially as follows: 85.24.070 State of Washington County of . . . . . . . . . . . . . . .      ss. I, the undersigned, a member of the board of commissioners of the diking and drainage district No. . . . ., in . . . . . . and . . . . . . counties, do solemnly swear (or affirm) that I will faithfully discharge my duties as a member of the commission. Upon the taking of such oath and the entering into a bond, as provided in RCW 85.38.080, the county legislative authority shall enter an order upon its records that the three persons named have qualified as the board of commissioners for diking and drainage district No. . . . ., in . . . . . . and . . . . . . counties, and that those persons and their successors do and shall constitute a board of commissioners for the diking and drainage district. The order when made shall be conclusive of the regularity of the election and qualification of the board of diking and drainage commissioners for the particular district, and the persons named therein shall constitute the board of diking and drainage commissioners. The board of diking and drainage commissioners shall thereupon immediately organize and elect one of their number as chairman and may either appoint a voter of the district or another diking and drainage commissioner to act as secre[Title 85 RCW—page 56] tary. The board shall then proceed to make and cause to be made specifications and details of a system which may be adopted by the board for the improvements to be made, together with an estimate of the total cost thereof; and shall, upon the adoption of the plan of improvement of the district, proceed to acquire the necessary property and property rights for the construction, establishment and maintenance of the system either by purchase or by power of eminent domain as hereinafter provided. Upon such acquisition being had, the board shall then proceed with the construction of the diking and drainage system and in doing so shall have the power to do the work directly or in its discretion to have all or any part of the work done by contract. In case the board shall decide upon doing the same by contract, it shall advertise for bids for the construction work, or such part thereof as they may determine to have done by contract, and shall have the authority to let a contract to the lowest responsible bidder after advertising for bids. Any contractor doing work hereunder shall be required to furnish a bond as provided by the laws of the state of Washington relating to contractors of public work. The board shall have the right, power and authority to issue vouchers or warrants in payment or evidence of payment of any and all expenses incurred under this chapter, and shall have the power to issue the same to any contractor as the work progresses, the same to be based upon the partial estimates furnished from time to time by engineers of the district. All warrants issued hereunder shall draw interest at a rate determined by the board. Upon the completion of the construction of the system, and ascertainment of the total cost thereof including all compensation and damages and costs and expenses incident to the acquiring of the necessary property and property right, the board shall then proceed to levy an assessment upon the taxable real property within the district which the board may find to be specially benefited by the proposed improvements; and shall make and levy such assessment upon each piece, lot, parcel and separate tract of real estate in proportion to the particular and special benefits thereto. Upon determining the amount of the assessment against each particular tract of real estate as aforesaid, the commissioners shall make or cause to be made an assessment roll, in which shall appear the names of the owners of the property assessed, so far as known, and a general description of each lot, block, parcel or tract of land within the district, and the amount assessed against the same, as separate, special or particular benefits. The board shall thereupon make an order setting and fixing a day for hearing any objections to the assessment roll by any one affected thereby, which day shall be at least twenty days after the mailing of notices thereof, postage prepaid, as herein provided. The board shall send or cause to be sent by mail to each owner of the premises assessed, whose name and place of residence is known, a notice, substantially in the following form: To . . . . . .: Your property (here describe the property) is assessed $ . . . . . A hearing on the assessment roll will be had before the undersigned at the office of the board at . . . . . . on the . . . . day of . . . . . . at which time you are notified to be and appear and to make any and all objections which you may have as to the amount of the assessment against your property, or as to whether it should be assessed at all; and to (2008 Ed.) Diking and Drainage Districts in Two or More Counties make any and all objections which you may have to the assessment against your lands, or any part or portion thereof. The failure to send or cause to be sent such notice shall not be fatal to the proceedings herein described. The secretary of the board on the mailing of the notices shall certify generally that he has mailed such notices to the known address of all owners, and such certificate shall be prima facie evidence of the mailing of all such notices at the date mentioned in the certificate. The board shall cause at least ten days’ notice of the hearing to be given by posting notice in at least ten public places within the boundaries of the district, and by publishing the same at least five successive times in a daily newspaper published in each of the counties affected; and for at least two successive weeks in one or more weekly newspapers within the boundaries of the district, in each county if there are such newspapers published therein, and if there is no such newspaper published, then in one or more weekly newspapers, having a circulation in the district, for two successive weeks. The notice shall be signed by the chairman or secretary of the board of commissioners, and shall state the date and place of hearing of objections to the assessment roll and levy, and of all other objections; and that all interested parties will be heard as to any objection to the assessment roll and the levies as therein made. [1985 c 396 § 53; 1981 c 156 § 26; 1923 c 140 § 4; 1909 c 225 § 5; RRS § 4365. FORMER PART OF SECTION: 1909 c 225 §§ 9, 11, 21, 28, 32 now codified as RCW 85.24.071, 85.24.073, 85.24.075, 85.24.077, and 85.24.079. Formerly RCW 85.24.070, 85.24.090, 85.24.100, 85.24.110, and 85.24.120.] Severability—1985 c 396: See RCW 85.38.900. 85.24.071 Board of commissioners—Power to conduct business, make contracts, etc. The commissioners herein provided for and their successors in office, shall from the time of their election and qualifications aforesaid, have the power, and it shall be their duty, to manage and conduct the business affairs of the district, making and executing all necessary contracts, appoint such agents and employees as may be required, and prescribe their duties, and perform any and all acts which may be necessary, proper or requisite to carry into effect their duties as commissioners, and all such other acts as may be provided in this chapter or in any other act. [1909 c 225 § 9; RRS § 4369. Formerly RCW 85.24.070, part.] 85.24.071 85.24.073 Board of commissioners—Construction and maintenance powers. Said board of commissioners herein provided for shall have the exclusive charge of the construction and maintenance of all dikes and drainage systems which may be constructed within the said district, and shall be the executive officers thereof, with full power to bind said district by their acts in the performance of their duties as provided by law. [1909 c 225 § 11; RRS § 4371. Formerly RCW 85.24.070, part.] 85.24.073 85.24.075 Board of commissioners—Duties of board officers—Quorum. The chairman of the board shall preside at all meetings and shall have the right to vote upon all questions the same as other members, and shall perform such 85.24.075 (2008 Ed.) 85.24.080 duties in addition to those in this chapter prescribed as may be fixed by the board. The secretary of the board shall perform the duties in this chapter prescribed, and such other duties as may be fixed by the board. A majority of the board shall constitute a quorum for the transaction of business, but it shall require a majority of the entire board to authorize any action by the board. [1909 c 225 § 21; RRS § 4381. Formerly RCW 85.24.070, part.] 85.24.077 Board of commissioners—Power to adjourn proceedings. The board of commissioners shall have power to adjourn any and all proceedings before them from time to time. [1909 c 225 § 28; RRS § 4388. Formerly RCW 85.24.070, part.] 85.24.077 85.24.079 Board of commissioners—Rules and regulations. The board shall have power and authority to make rules and regulations for the purpose of carrying into effect any of the provisions of this chapter. [1909 c 225 § 32; RRS § 4392. Formerly RCW 85.24.070, part.] 85.24.079 85.24.080 Board of commissioners—Compensation and expenses. The members of the board may receive as compensation up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the district, or in performance of other official services or duties on behalf of the district: PROVIDED, That such compensation shall not exceed eight thousand six hundred forty dollars in one calendar year: PROVIDED FURTHER, That the board may fix a different salary for the secretary thereof in lieu of the per diem. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner’s place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW. The salary and expenses shall be paid by the treasurer of the fund, upon orders made by the board. Each member of the board must before being paid for expenses, take vouchers therefore from the person or persons to whom the particular amount was paid, and must also make affidavit that the amounts were necessarily incurred and expended in the performance of his or her duties. Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index 85.24.080 [Title 85 RCW—page 57] 85.24.130 Title 85 RCW: Diking and Drainage covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 11; 1998 c 121 § 11; 1991 c 349 § 23; 1985 c 396 § 54; 1909 c 225 § 33; RRS § 4393.] Severability—1985 c 396: See RCW 85.38.900. 85.24.130 Objections to assessment—Procedure. Any person interested in any real estate affected by said assessment may, within the time fixed, appear and file objections. As to all parcels, lots or blocks as to which no objections are filed, within the time as aforesaid, the assessment thereon shall be confirmed and shall be final. On the hearing, each person may offer proof, and proof may also be offered on behalf of the assessment, and the board shall affirm, modify, change and determine the assessment, in such sum as to the board appears just and right. The commissioners may increase the assessment during such hearing upon any particular tract by mailing notice to the owner at his last known address, to be and appear within a time not less than ten days after the date of the notice, to show cause why his assessment should not be increased. When the assessment is finally equalized and fixed by the board, the secretary thereof shall certify the same to the county treasurer of each county in which the lands are situated, for collection; or if appeal has been taken from any part thereof, then so much thereof as has not been appealed from shall be certified. In case any owner of property appeals to the superior court in relation to the assessment or other matter when the amount of the assessment is determined by the court finally, either upon determination of the superior court, or review by the supreme court or the court of appeals, then the assessment as finally fixed and determined by the court shall be certified by the clerk of the proper court to the county treasurer of the county in which the lands are situated and shall be spread upon and become a part of the assessment roll hereinbefore referred to. [1988 c 202 § 82; 1971 c 81 § 167; 1909 c 225 § 6; RRS § 4366.] 85.24.130 Severability—1988 c 202: See note following RCW 2.24.050. ney of the county in which the action is brought. The secretary of the board shall, at appellant’s expense, certify to the superior court so much of the record as appellant may request, and the cause shall be tried in the superior court de novo. Any person aggrieved by any final order or judgment made by the superior court concerning any assessment authorized by this chapter, may seek appellate review of the order or judgment as in other civil cases. [1988 c 202 § 83; 1971 c 81 § 168; 1909 c 225 § 7; RRS § 4367.] Severability—1988 c 202: See note following RCW 2.24.050. 85.24.150 Lien of assessments—Notice and collection. The final assessment shall be a lien paramount to all other liens except liens for taxes and other special assessments upon the property assessed, from the time the assessment roll shall have been finally approved by the board, and placed in the hands of the county treasurers as collectors. After the roll shall have been delivered to the county treasurers for collection, each treasurer shall proceed to collect the amounts due in the manner that other taxes are collected as to all lands situated within the county of which he is treasurer. The treasurer shall give at least ten days’ notice in one or more newspapers of general circulation in the counties in which the lands are situated for two successive weeks, that the roll has been certified to him for collection, and that unless payment be made within thirty days from the date of the notice, that the sum charged against each lot or parcel of land shall be paid in not more than ten equal annual payments, with interest upon the whole sum so charged, at a rate not to exceed seven percent per annum. The interest shall be paid annually. The county treasurer shall proceed to collect the amount due each year upon the publication of notice as hereinafter provided. In such publication notice it shall not be necessary to give a description of each tract, piece or parcel of land, or of the names of the owners thereof. The treasurer shall also mail a copy of the notice to the owner of the property assessed, when the post office address of the owner is known to the treasurer; but the failure to mail the notice shall not be necessary to the validity of the collection of the tax. [1985 c 469 § 83; 1909 c 225 § 8; RRS § 4368.] 85.24.150 85.24.160 Payment of assessment without interest. The owner of any lot or parcel of land charged with any assessment, as hereinbefore provided, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him of such assessment, as herein provided. [1986 c 278 § 38; 1983 c 167 § 199; 1909 c 225 § 17; RRS § 4377.] 85.24.160 Severability—1986 c 278: See note following RCW 36.01.010. 85.24.140 Judicial review. Any person who feels aggrieved by the final assessment made against any lot, block or parcel of land owned by him, may appeal therefrom to the superior court of the county in which the land is situated. Such appeal shall be taken within the time and substantially in the manner prescribed by the laws of this state for appeals from justices’ courts. All notice of appeal shall be filed with the said board, and shall be served upon the prosecuting attor85.24.140 [Title 85 RCW—page 58] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 85.24.170 District treasurer—Collection, remittance and disbursement of assessments. The treasurer of each county shall collect the taxes levied and assessed hereunder upon all that portion of the property situated within the county for which the treasurer is acting. The treasurer of the 85.24.170 (2008 Ed.) Diking and Drainage Districts in Two or More Counties county in which the smaller or minor portion of the taxes are to be collected shall forward the amount collected by him quarterly each year on the first Monday in January, April, July and October, to the treasurer of the county in which the larger or major portion of the taxes are to be collected. The treasurer of the county in which the larger portion of the taxes have been levied and assessed shall be the disbursing officer of such diking and drainage district, and shall pay out the funds of such district upon orders drawn by the chairman and secretary of the board acting under authority of the board, and shall be the treasurer of the fund. [1909 c 225 § 22; RRS § 4382.] 85.24.240 commissioners with a statement of the doings thereon, showing all lots and parcels of land sold by him, to whom sold and the sum paid therefor. The purchaser at improvement sales acquires a lien on the lot, piece or parcel of land sold for the amount paid by him at such sales for all delinquent taxes and assessments, and all costs and charges thereon, whether levied previously or subsequently to such sale, subsequently paid by him on the lot or parcel of land, and shall be entitled to interest thereon at the rate of ten percent per annum from the date of such payment. [1909 c 225 § 23; RRS § 4383. Formerly RCW 85.24.180 and 85.24.190, part.] 85.24.190 Disposal by commissioners of lands not redeemed from sale—Use of proceeds. The board of commissioners of the district shall have the power to sell, lease and dispose of any and all lands which may be acquired by it by virtue of deeds issued to it by the treasurer for lands not redeemed from sale, and the funds derived from any disposition of such land shall become the fund of the district to be used for the benefit of the district under the direction of its board of commissioners. [1909 c 225 § 24; RRS § 4384. FORMER PART OF SECTION: 1909 c 225 § 23, part, now codified as RCW 85.24.180.] 85.24.190 85.24.180 Sale of property for delinquency—Procedure—Purchaser’s interest. If any of the installment of taxes are not paid as herein provided, the county treasurer shall sell all lots or parcels of land on which taxes have been levied and assessed, whether in the name of the designated owner or the name of an unknown owner, to satisfy all delinquent and unpaid assessments, interest, penalties and costs. The treasurer must commence the sale of property upon which taxes are delinquent within sixty days after the same become delinquent, and continue such sale from day to day thereafter until all the lots and parcels of land upon which taxes have not been paid are sold. Such sales shall take place at the front door of the court house. The proper treasurer shall give notice of such sales by publishing a notice thereof once a week for two successive weeks in two or more newspapers published within the district, or if no such newspaper is published, within the district, then within any two or more newspapers having a general circulation in such district; such notice shall contain a list of all lots and parcels of land upon which such assessments are delinquent, with the amount of interest, penalty and cost at the date of sale, including costs of advertising had upon each of such lots, pieces or parcels of land, together with the names of the owners thereof, if known to the treasurer, or the word "unknown" if unknown to the treasurer, and shall specify the time and place of sale, and that the several lots or parcels of land therein described, or so much as may be necessary, will be sold to satisfy the assessment, interest, penalty and cost due upon each. All such sales shall be made between the hours of ten o’clock a.m. and three o’clock p.m. Such sales shall be made in the manner now prescribed by the general laws of this state for the sale of property for delinquent taxes, and certificates and deeds shall be made to the purchasers and redemptions made as is now prescribed by the general laws of this state in the manner and upon the terms therein specified: PROVIDED, That no tax deeds shall be made until after the expiration of one year after the issuance of the certificate, and during such year any person interested may redeem. A certificate of purchase shall be issued to the district for all lots and parcels of land not sold. Certificates issued to the district shall be delivered to the board of commissioners of the district. The board of commissioners of the district may sell and transfer any such certificate to any person who is willing to pay to the district the amount for which the lot or parcel of land therein described was stricken off to the district, with the interest subsequently accrued thereon. Within ten days after the completion of sale of all lots, pieces and parcels of land authorized to be sold as aforesaid, the treasurer must make a return to the board of 85.24.180 (2008 Ed.) 85.24.200 Reassessments. If because of a substantial reduction of the amount of the assessment upon any lands, the result would be to leave the amount of the assessment upon other lands insufficient, or if for any cause the assessment should be held invalid or become inoperative, then the board shall have power to make a reassessment of all lands to the same extent as the original assessment. [1909 c 225 § 30; RRS § 4390.] 85.24.200 85.24.220 Segregation of assessments. When a piece, lot, or tract of land has been assessed in one body, if the same is subsequently subdivided by the owner, or there should be purchasers of different portions of such tract, then the owner or purchaser may pay the taxes upon such piece or tract of land, paying the proportion which is proper upon such separate piece or tract. [1909 c 225 § 25; RRS § 4385.] 85.24.220 85.24.235 Special assessment bonds. Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [1986 c 278 § 26.] 85.24.235 Severability—1986 c 278: See note following RCW 36.01.010. 85.24.240 Counties to contribute for benefits to roads, bridges, or health of people. Whenever any highways, roads, or bridges are maintained by either county in which a diking and drainage district may be established, as herein provided, and it shall appear that the construction and maintenance of such diking and drainage system will be beneficial to such highways, roads, and bridges, or which will be beneficial to such highways, roads and bridges as may thereafter be constructed or maintained by the county, in which any part of the system of dikes and drains is situated, then the board of county commissioners of such county may, and it shall be the duty of such board to appropriate to such diking and drainage district an amount of money sufficient to pay the proportionate share of such county in accordance with the 85.24.240 [Title 85 RCW—page 59] 85.24.250 Title 85 RCW: Diking and Drainage benefits received or to be received; and whenever it may appear to the board of county commissioners of any county that any improvements made or to be made in any diking or drainage district under the provisions of this chapter, shall on account of the health of the people of the county be beneficial in respect thereto, the board of county commissioners may make an appropriation of money to such diking and drainage district in such an amount to such board as may seem proper. [1909 c 225 § 18; RRS § 4378.] Basis of supplemental assessments: RCW 85.07.050. Benefits to public roads, how paid: RCW 85.07.040. 85.24.250 Municipality may contribute. Whenever it appears to the council of any incorporated city or town not included or not wholly included within the limits of any diking or drainage district established hereunder, which incorporated city or town may be within a county in which a portion of such district is located that the construction and maintenance of such diking and drainage system will be beneficial to the health and general welfare of the inhabitants of the incorporated city or town, then the city or town council may appropriate money out of the general funds of the city or town to such diking and drainage system, or the council may for such purpose impose assessments upon all the property in the city or town that benefits from facilities and activities of the diking or drainage district, and give the assessments to the diking or drainage district. [1991 c 349 § 7; 1973 1st ex.s. c 195 § 119; 1909 c 225 § 19; RRS § 4379.] cedure to appropriate lands, real estate, or property by corporations for corporate purposes. [1909 c 225 § 12; RRS § 4372. Formerly RCW 85.24.260, part.] 85.24.263 Eminent domain—Rights-of-way. In the construction and maintenance of the improvements herein provided for, the said district may acquire by purchase or otherwise, and by the exercise of the right of eminent domain, any right-of-way through, over and across any property situated without said district which may be necessary or proper to the completion of the system of improvements. [1909 c 225 § 20; RRS § 4380. Formerly RCW 85.24.260, part.] 85.24.263 85.24.250 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Limitation of levies: RCW 84.52.050. 85.24.260 Acquisition of property—Eminent domain. The districts organized under the provisions of this chapter, and the commissioners appointed and qualified as such shall have the right of eminent domain with the power by and through the board of commissioners to condemn and cause to be condemned and appropriated private property for the use of said district in the construction and maintenance of the system of dikes, drains, flood dams and drift barriers, and for any other purpose proper, necessary and convenient for the purpose of carrying into effect the powers vested in said district and the commissioners thereof; and that the property of private corporations shall be subject to the same rights of eminent domain as private individuals. Said board of commissioners shall also have the power to acquire by purchase, in the name of the district, any and all real property necessary to make the improvements herein provided for. [1909 c 225 § 10; RRS § 4370. FORMER PART OF SECTION: 1909 c 225 §§ 12, 20, 27, now codified as RCW 85.24.261, 85.24.263, and 85.24.265.] 85.24.260 85.24.261 Eminent domain—Procedure. In the exercise of the right of eminent domain, all proceedings shall be prosecuted by the board of commissioners for and on behalf of the district, or in the name of the district itself, and such proceedings shall be conducted in the superior court of the county in which the lands sought to be condemned are situated, and shall be in the manner and in accordance with the procedure now provided by law regulating the mode of pro85.24.261 [Title 85 RCW—page 60] 85.24.265 Eminent domain—Against public lands. Any district created hereunder is hereby granted the right to exercise the power of eminent domain against any lands or other property belonging to the state of Washington or any municipality thereof, and such power of eminent domain shall be exercised under and by the same procedure as is now, or may hereafter be, provided by the laws of this state for the exercise of the right of eminent domain by ordinary railroad corporations. [1909 c 225 § 27; RRS § 4387. Formerly RCW 85.24.260, part.] 85.24.265 Corporations, eminent domain: Chapter 8.20 RCW. Railroads, corporate powers: Chapter 81.36 RCW. 85.24.270 Cities may be included in district. Within the limits of said diking or drainage district may be included any incorporated city or town, or any part thereof. [1909 c 225 § 14; RRS § 4374. FORMER PART OF SECTION: 1909 c 225 § 15, now codified as RCW 85.24.275.] 85.24.270 85.24.275 Assessment of state lands. Any of the state, school, or granted land within the district, shall also be assessed the same as other lands are assessed in proportion to the benefit, but any such lands shall not be sold for delinquencies, but the amount of the assessment shall be paid by the state at the time, in the manner, under the circumstances, and in accordance with the provisions of the act relating to the payment by the state of assessments made on state, school and granted lands for the construction and maintenance of dikes and drains benefiting such lands, approved March 5, 1907; Laws of 1907, pp. 125-126. [1909 c 225 § 15; RRS § 4375. Formerly RCW 85.24.270, part.] 85.24.275 Reviser’s note: The 1907 act referred to herein appears to be superseded by chapter 164, Laws of 1919 codified as chapter 79.44 RCW. See Paine v. State, 156 Wash. 31, 40. See also reviser’s notes following RCW 85.05.110 and 85.06.110. 85.24.280 Improvement of streams—Scope of powers. Any district so established as aforesaid through its board of commissioners shall have the right, power and authority to straighten, deepen and improve any and all rivers, watercourses, or streams, whether navigable or otherwise, flowing through or located within the boundaries of said diking or drainage district, whenever necessary or proper in carrying out the objects of the system. The district by and through its board of commissioners shall also have the power to construct all needed auxiliary ditches, canals, flumes, locks, flood barriers, and all necessary artificial appliances in the construction of the system, and which shall be necessary and 85.24.280 (2008 Ed.) Private Ditches and Drains advisable to protect the land in any such district from overflow or to assist, or which may become necessary in the preservation or maintenance of such system. [1909 c 225 § 13; RRS § 4373. FORMER PART OF SECTION: 1909 c 225 § 26, now codified as RCW 85.24.285.] 85.24.285 Improvement of streams—Stream beds are property of district—Disposition. The board shall have power and authority to straighten, widen, deepen and improve any and all rivers, watercourses or streams, whether navigable or otherwise, flowing through or located within the boundaries of such district; and the beds of any streams or rivers which may be changed, shall become the property of the district, and the board shall have the power to sell and dispose of the same, or exchange the same or any portion thereof for other lands. [1909 c 225 § 26; RRS § 4386. Formerly RCW 85.24.280, part.] 85.28.100 85.28.110 85.28.120 85.28.130 85.28.140 85.28.150 85.28.040 Appeal. Compensation of viewers—Costs. New viewers may be appointed if report not adopted. Drainage of tide or marsh lands—Division of cost between contiguous tracts. Dike or ditch as common boundary—Division of costs. Dike, dam, or causeway at Bachelor Slough. 85.24.285 85.24.290 Service of notices on agent of owner. When any notice is required to be given to the owner under any of the provisions of this chapter, such notice shall be given to the agent instead of the owner, in case the owner prior to the giving of the notice required by the board or proper officer has filed with the board or proper officer the name of the agent with his post office address. [1909 c 225 § 29; RRS § 4389.] 85.24.290 85.24.310 Adjustment of indebtedness with the state. See chapter 87.64 RCW. 85.24.310 85.24.900 Validation of existing districts—1923 c 140. The organization, establishment and creation of all diking and drainage districts in this state situated in two or more counties heretofore had or made, or attempted to be had or made, pursuant to the provisions of chapter 4, Title XXVII of Remington’s Compiled Statutes, relating to the creation and establishment of such diking and drainage districts, and all acts, steps or proceedings had or attempted to be had by any such district, are hereby for all purposes declared legal and valid, and such districts situated in two or more counties are hereby declared duly organized, established and created, and all contracts, obligations or debts heretofore made or incurred by or in favor of such diking and drainage district situated in two or more counties so attempted to be organized, established and created, and all official bonds or other obligations executed in connection with or in pursuance of such organization, are hereby declared legal and valid, and of full force and effect. [1923 c 140 § 6; RRS § 4376-1.] 85.24.900 Chapter 85.28 Chapter 85.28 RCW PRIVATE DITCHES AND DRAINS Sections 85.28.010 85.28.020 85.28.030 85.28.040 85.28.050 85.28.060 85.28.080 85.28.090 (2008 Ed.) Private parties authorized to establish ditches and drains. Petition to appropriate—Contents. Cost bond by petitioner. Viewers to be appointed—Duties. Report of viewers and plat to be filed. Summons to landowners—Contents and form. Service by publication. Trial—Findings or verdict—Decree—Time for payment of award. 85.28.010 Private parties authorized to establish ditches and drains. The owner or owners of any land which requires drainage and which is so situated that it is necessary to the proper drainage of the same to construct ditches or drains across the lands of others, may obtain the location and establishment of such ditch or drain across such lands, in the manner provided in this chapter. [1899 c 125 § 1; RRS § 4394. Prior: 1883 p 77 § 1; 1875 p 92 § 2; 1863 p 485 § 1; 1858 p 31 § 1.] 85.28.010 85.28.020 Petition to appropriate—Contents. The person or persons desiring the location and establishment of such ditch or drain may file in the superior court of the county in which the lands sought to be appropriated are situated, a petition showing the name of the petitioner or petitioners; a description of the lands to be benefited, and of those over which the ditch would pass, and setting forth the name of every owner, incumbrancer, or other person or party interested in the lands over which said ditch would pass, or any part thereof, so far as the same can be ascertained from the public records of the county. Such petition shall also show the object for which the lands are sought to be appropriated, the necessity for the appropriation, and the length, width and depth of the ditch on the lands of each separate owner, with a description of said ditch, as nearly as practicable; and shall also set out the estimated damage to the lands of each owner to be crossed by such ditch. [1899 c 125 § 2; RRS § 4395. Prior: 1883 p 77 § 2, part.] 85.28.020 85.28.030 Cost bond by petitioner. The petitioner, or someone in his behalf, shall enter into a bond in the penal sum of one hundred dollars, with two or more sureties, to be approved by the clerk of said court, payable to the state of Washington, conditioned that the petitioner or petitioners will pay all costs and expenses incurred in the proceeding; which said bond shall be filed with the petition. [1899 c 125 § 3; RRS § 4396. Prior: 1883 p 77 § 2, part.] 85.28.030 85.28.040 Viewers to be appointed—Duties. Upon the filing of said petition the court shall appoint three viewers, two of whom shall be resident freeholders of said county, and not interested in the result of the proceeding, and the other the *county surveyor of the county in which the lands are situated (unless said *county surveyor shall be a party in interest, in which case some other competent surveyor shall be appointed in his place who shall receive the same compensation as is allowed by law to *county surveyors) who shall, upon a day to be fixed by the court, in the order appointing them, view the lands of the petitioner and the lands which said proposed ditch or drain is to cross, for the purpose of determining: First, whether there is a necessity for the establishment of a ditch; and, second, the most practicable route for said ditch to run, if the same be necessary. The clerk of said court shall furnish to said viewers a certified copy of the 85.28.040 [Title 85 RCW—page 61] 85.28.050 Title 85 RCW: Diking and Drainage order appointing them, which shall warrant them entering upon the lands described in the petition for the purpose of viewing the same. [1899 c 125 § 4; RRS § 4397. Prior: 1883 p 78 § 4; Code 1881 § 2504; 1877 p 314 § 2; 1875 p 93 § 3; 1863 p 485 § 1; 1858 p 31 § 1.] *Reviser’s note: This section refers to the "county surveyor." 1907 c 160 § 1 designated the county surveyor as county engineer; 1925 ex.s. c 167 § 1 abolished the elective office of engineer, except in Class A and first-class counties, and the powers and duties were transferred to the county commissioners with power to employ an engineer; 1937 c 187 § 4 provided duties to vest in county commissioners who were directed to employ a county road engineer. See RCW 36.75.050 and chapter 36.80 RCW. 85.28.050 Report of viewers and plat to be filed. When said viewers shall have made said examination they shall, within ten days after the day appointed by the court for such examination, report to the court, in writing, (filing the same with the clerk of said court) their decision as to the necessity for said ditch and if they deem such ditch necessary, then the *county surveyor shall file with such report an accurate description and plat of the proposed ditch, showing the course thereof as recommended by the viewers. The viewers shall also estimate the amount of damage which each separate owner would suffer by reason of the construction thereof. [1899 c 125 § 5; RRS § 4398. Prior: 1883 p 79 § 8; Code 1881 § 2507; 1877 p 314 § 2; 1875 p 94 § 6.] 85.28.050 *Reviser’s note: "county surveyor," see note following RCW 85.28.040. 85.28.060 Summons to landowners—Contents and form. Upon the filing of the report of the viewers aforesaid, a summons shall be issued in the same manner as summons are issued in civil actions, and served upon each person owning or interested in any lands over which the proposed ditch or drain will pass. Said summons must inform the person to whom it is directed of the appointment and report of the viewers; a description of the land over which said ditch will pass of which such person is the owner, or in which he has an interest; the width and depth of said proposed ditch, and the distance which it traverses said land, also an accurate description of the course thereof. It must also show the amount of damages to said land as estimated by said viewers; and that unless the person so summoned appears and files objections to the report of the viewers, within twenty days after the service of said summons upon him, exclusive of the day of service, the same will be approved by the court, which summons may be in the following form: 85.28.060 In the Superior Court of the State of Washington, for . . . . . . County. In the matter of the application of . . . . . . for a private ditch. The state of Washington to . . . . . . Whereas, on the . . . . day of . . . . . . 19. . . filed his petition in the above entitled court praying that a private ditch or drain be established across the following described lands, to wit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................ for the purpose of draining certain lands belonging to said . . . . . ., and whereas, on the . . . . day of . . . . . ., 19. . ., Messrs. . . . . . . and . . . . . . with . . . . . . *county surveyor of . . . . . . county, were appointed to view said premises in the [Title 85 RCW—page 62] manner provided by law, and said viewers having, on the . . . . day of . . . . . ., 19. . ., filed their report in this court, finding in favor of said ditch and locating the same upon the following course: . . . . . . . . . . . for a distance of . . . . . . upon said land, and of a width of . . . . feet and a depth of . . . . feet; and they further find that said land will be damaged by the establishing and construction of said ditch in the sum of $. . . .: Now therefore, you are hereby summoned to appear within twenty days after the service of this summons, exclusive of the day of service, and file your objections to said petition and the report of said viewers, with this court; and in case of your failure so to do, said report will be approved and said petition granted. ..................... Plaintiff’s Attorney. P.O. Address . . . . . . . . . . . . . . . . . . . . . . [1899 c 125 § 6; RRS § 4399. Formerly RCW 85.28.060 and 85.28.070.] *Reviser’s note: "county surveyor," see note following RCW 85.28.040. 85.28.080 Service by publication. In case any person interested in any of the lands to be crossed by such ditch, as aforesaid, does not reside in the county, or cannot be found therein, or conceals himself so that personal service cannot be had upon him, upon proof thereof being made satisfactorily to appear to said court, said summons may be served by publication, in the same manner and with like effect as is done in civil actions: PROVIDED, That no other or different form of summons shall be required for publication than is required for personal service. [1899 c 125 § 7; RRS § 4400.] 85.28.080 85.28.090 Trial—Findings or verdict—Decree— Time for payment of award. Upon the expiration of the time within which exceptions may be filed to the report of the viewers aforesaid, the court shall set a day upon which the petition and the report of the viewers shall be heard and considered by the court. In case exceptions have been filed by any party or parties, which exceptions must have been served upon the petitioner or petitioners prior to the hearing, the court shall hear evidence in regard thereto, and without a jury, pass upon the questions of the necessity for said ditch and the location thereof. If the court finds that such ditch is necessary, and the route selected is the best and most practicable, and that the compensation allowed by the viewers is just and reasonable, then the court shall file his findings to this effect and cause an order to be entered approving the petition and report of the viewers. If, within twenty days from the filing of the findings of facts aforesaid, the petitioner or petitioners shall pay into court all the costs and sums awarded to the owner or owners of the land over which said ditch shall pass, a decree shall be entered establishing the same: PROVIDED, If any party shall except to the amount of damages found by the viewers, then the amount of such damages shall be tried by jury, unless a jury trial be waived by the parties, in which case trial thereof may be had by the court. Such trial shall be at a regular term of said court, at which a jury shall be present, and shall be conducted and verdict rendered in the same manner as in civil actions: PROVIDED FURTHER, 85.28.090 (2008 Ed.) Drainage District Revenue Act of 1961 That it shall not be incumbent on the petitioner to pay into court the amount of the award or awards of said jury, until within twenty days after said verdict shall have been rendered and entered. [1899 c 125 § 8; RRS § 4401.] 85.28.100 Appeal. No appeal shall be taken from the finding of the court as to the necessity of such ditch or as to the route thereof until after final judgment or decree is entered: PROVIDED, That exceptions shall be taken and allowed to such orders at the time that they are made, and appeal from such orders and from the award of damages shall be taken at the same time. All the provisions of the law in regard to appeals in civil actions shall apply to the proceedings provided for in this chapter. [1899 c 125 § 9; RRS § 4402.] 85.28.100 85.28.110 Compensation of viewers—Costs. The viewers appointed under the provisions of this chapter shall receive the sum of two dollars per day for their services, and the *county surveyor shall receive such compensation as is allowed by law for like services, the same to be taxed as costs and paid by the petitioner. All other costs shall be the same as in civil actions in the superior court. [1899 c 125 § 10; RRS § 4403.] 85.28.110 *Reviser’s note: "county surveyor," see note following RCW 85.28.040. 85.28.120 New viewers may be appointed if report not adopted. In case the court should not for any reason adopt the report of the viewers, or the same should be deemed insufficient for any reason, the court may appoint other viewers whose duties shall be the same as the duties of the viewers first appointed. [1899 c 125 § 11; RRS § 4404.] 85.28.120 85.28.130 Drainage of tide or marsh lands—Division of cost between contiguous tracts. Persons owning or desiring to improve contiguous tracts of tide marsh or swampy lands exposed to the overflow of the tide and capable of being made dry, may separate their respective tracts by a dike or ditch, which shall make and designate their common boundary. In all such cases said dike or ditch shall be constructed at the equal cost and expense of the respective parties, and either party failing to pay his or her contributive share of such expense shall be liable to the party constructing the dike or ditch for such contributive share, or so much thereof as may remain due and unpaid, to be recovered in a civil action in a court of competent jurisdiction and the party constructing such dike shall also be entitled to a lien upon the tract of the party failing to pay his or her contributive share for the construction of said dike, or so much thereof as shall be due, which lien shall be secured and enforced as liens of material suppliers and mechanics are now by law enforced. [2007 c 218 § 95; Code 1881 § 2517; No RRS. Prior: 1877 p 258 § 1.] 85.28.130 Intent—Finding—2007 c 218: See note following RCW 1.08.130. 85.28.140 Dike or ditch as common boundary—Division of costs. Any person or persons who may hereafter take a tract of tide land or marsh and shall desire to adopt as his or her boundary line any dike or ditch heretofore constructed 85.28.140 (2008 Ed.) Chapter 85.32 upon and entirely within the boundary line of a neighboring contiguous tract he or she may join on to said tract and adopt said dike as his or her boundary by paying to the owner of the tract upon which said dike is constructed one-half of the cost and expense of the construction thereof, and any person so adopting the dike or ditch of another without contributing his or her half share of the cost or expense thereof shall be liable for his or her said half share, which may be recovered in a civil action in any court of competent jurisdiction, or the owner of the dike or ditch so used may secure a lien upon the tract of land bounded by said dike for the amount due for the use of said dike in accordance with the provisions of the law securing a lien to material suppliers and mechanics: PROVIDED ALWAYS, That when such dike has become the common boundary of two adjacent tracts, it shall be and remain the common boundary and the persons owning the said tracts shall be mutually liable for the expense of keeping it in repair, share and share alike. [2007 c 218 § 96; Code 1881 § 2518; No RRS. Prior: 1877 p 258 § 2.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. 85.28.150 Dike, dam, or causeway at Bachelor Slough. It shall be lawful for any adjacent or abutting owner or owners, to construct a dike, dam, or causeway over or in the waters of the state of Washington described as: That certain body of water lying between Bachelor Island and the mainland, appearing on the state survey map made by Edw. C. Dohm, state field engineer, as Columbia Slough and designated on the map as compiled by the U.S. Coast and Geodetic Survey of September, 1937, Number "U.S.C.&G.S. 6154" as Bachelor Island Slough from its point of confluence with Lake River South to the Columbia River, in sections 13, 23, 24, 26 and 35, township 4 north, range 1 west of the Willamette Meridian, in Clark county, Washington: PROVIDED, That the location and plans thereto are submitted to and approved by the chief of engineers of the United States and the secretary of war of the United States, before construction is commenced subject to the terms of section 9 of the River & Harbor Act, approved March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401) and: PROVIDED FURTHER, That all such dikes, dams, causeways, or other structures, shall be constructed at the expense of the owners. [1947 c 276 § 1; No RRS.] 85.28.150 Chapter 85.32 RCW DRAINAGE DISTRICT REVENUE ACT OF 1961 Chapter 85.32 Sections 85.32.010 85.32.020 85.32.030 85.32.040 85.32.050 85.32.060 85.32.070 85.32.080 85.32.090 85.32.100 85.32.110 85.32.120 85.32.130 Declaration of necessity and purpose. Definitions. Powers of board in general. Initial determination—Roll—Resolution, contents. Contents of roll—Assessed, equalized value prima facie correct—Separate levies for prior indebtedness—Adjustment of roll. Notice of hearing—Contents. Written objections—Filing—Grounds—Waiver. Additional roll due to omitted property or changed conditions. Certification and filing of roll—Additional, supplemental roll supplements original. Reexamination of properties—Supplemental roll—Certification and filing. Roll is base for benefits against which levy made. Levy for outstanding indebtedness. Emergency warrants in excess of estimates. [Title 85 RCW—page 63] 85.32.010 85.32.140 85.32.150 85.32.160 85.32.170 85.32.180 85.32.190 85.32.200 85.32.210 85.32.220 85.32.900 85.32.910 Title 85 RCW: Diking and Drainage Chapter exclusive method—Concurrent use of other method to extinguish prior indebtedness—Special assessment bonds. Owners of extraterritorial lands on roll are electors and may be commissioners—Corporations. Roll proceedings are conclusive—Injunction upon limited grounds. Judicial review—Petition to superior court. Judicial review—Filing of transcript, objections, resolution— Filing fees—No bond required—Notice of hearing and trial. Judicial review—Scope of trial. Appellate review. Levies are for continuous benefits. Annual estimate of costs. Powers and duties of chapter are supplemental. Severability—1961 c 131. 85.32.010 Declaration of necessity and purpose. The maintenance of drainage districts is essential to the economy of the state. The influx of population and changes in land use since many such districts were formed, has made obsolete and unjust the method used under existing law to provide funds for the operation of such districts and for the maintenance and expansion of its drainage systems. Also, in many instances, properties lying outside of the territorial limits of such districts, have been and are being developed in such a manner that waters therefrom, through artificial rather than natural processes, are accumulated and discharged for outlet upon lands within such districts, and the facilities of such district are used without charge to furnish service and benefit to such lands. To furnish remedy for such situations where they are found to exist the state declares that it has an interest therein and this chapter is passed. [1961 c 131 § 2.] 85.32.010 85.32.020 Definitions. As used in this chapter: "District" means a regularly formed and established drainage district under the provisions of this title. "Board" means the board of commissioners of a regularly formed and established drainage district under the provisions of this title. [1961 c 131 § 3.] 85.32.020 85.32.030 Powers of board in general. The board may: (1) Make initial determination that the district’s facilities furnish benefit to improvements upon land as well as land alone within the district in protecting against and furnishing run-off for surface and/or flood waters; (2) make initial determination that lands and improvements thereon outside of the territorial limits of the district are receiving a service from the facilities of the district, and are benefited thereby in that waters from such lands through ditches, drains, or other artificial methods, other than by natural flow or seepage, are so cast as to have outlet through the district’s facilities; (3) determine that properties so found to be served should pay a just proportion of the operational and maintenance costs of the district; (4) in connection with so finding, cause a roll of property thus served and benefited by the district’s facilities to be prepared and filed with it, and give notice of a hearing thereon as provided in this chapter; (5) hold public hearings to determine the ultimate facts and approve an ultimate roll of properties served and benefited by the facilities of the district and valuations thereof to serve as a basis against which annual dollar rate levy may be assessed for continuous benefits furnished such properties; make revision thereof as the facts warrant from time to time; provide for the levying of such dollar rate levy; and make return of such roll finally adopted by certifying and filing a copy thereof with the audi85.32.030 [Title 85 RCW—page 64] tor, assessor and treasurer of the county wherein the properties involved are located. [1973 1st ex.s. c 195 § 120; 1961 c 131 § 4.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.040 Initial determination—Roll—Resolution, contents. In the initial instance, when the board of any district, desires to use the method and procedure provided in this chapter, and in order that uniformity may be had, it may cause a roll of all properties within the district claimed to be benefited by its drainage system, and in addition or as a part thereof, a roll of all properties outside of the territorial limits of said district claimed to be served and benefited by the drainage systems of said district, to be prepared and filed with it. Thereupon, the board shall by resolution declare: (1) That it has made initial determination that the district’s facilities are furnishing and will furnish service and benefit to the properties, including improvements thereon, described in such roll; (2) That such roll has been filed with it and will remain so filed and open to inspection by any party interested therein at all reasonable times; (3) That a public hearing will be held by the board at a time and place stated to give consideration to the facts and make ultimate determination of the same and to said roll; (4) That when said roll is finally adopted, annual dollar rate levies will be made by the district against said properties based upon the valuation thereof as shown on said roll when ultimately adopted to raise money based on benefit and service for the continuous operation and maintenance of said district; (5) That at the time of hearing, it will hear all objections filed and will review, adopt, modify, or revise said roll consistent with existing facts to the end that property receiving service and benefit from the facilities of the district shall pay justly and equitably therefor in proportion to benefit received and; (6) That upon said hearing or adjournments thereof, the board will determine the ultimate facts concerning service and benefit received by all properties ultimately contained in said roll and as to such properties it will adopt the roll in final form and proceed as in this chapter provided. [1973 1st ex.s. c 195 § 121; 1961 c 131 § 5.] 85.32.040 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.050 Contents of roll—Assessed, equalized value prima facie correct—Separate levies for prior indebtedness—Adjustment of roll. The roll of properties referred to in this chapter shall contain (1) a description of all properties and improvements thereon, with the name of the owner or the reputed owner thereof and his address as shown on the tax rolls of the assessor or treasurer of the county wherein the property is located, and (2) the determined value of such land and improvements thereon as last assessed and equalized by the taxing agencies of such county. Such assessed and equalized values shall be deemed prima facie as a just, fair and correct base of value for consideration by the board in its determination ultimately of the just and correct base of value in each instance against which annual dollar 85.32.050 (2008 Ed.) Drainage District Revenue Act of 1961 rates shall be levied by the district for the operation of the district and the expansion and maintenance of its facilities. If property outside of the territorial limits of the district are upon the roll as adopted ultimately, and the district has prior indebtedness existing, the board shall set up separate dollar rate levies for the retirement thereof until it is extinguished, which levies shall be applied solely against the properties within the territorial limits of the district. Adjustments of the roll shall be made before final adoption in such a manner that the money raised through annual dollar rate levies for maintenance, expansion and operational costs of the district in no instance shall exceed the value of the service rendered or to be rendered and the benefit received and to be received by the property involved. [1973 1st ex.s. c 195 § 122; 1961 c 131 § 6.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.060 Notice of hearing—Contents. When the board causes a property roll to be filed with it and a hearing to be held thereon as provided in this chapter, it shall give notice of the hearing in the following manner: The notice shall be published at least three times in consecutive issues in a weekly newspaper, or once a week for three consecutive weeks in a daily newspaper having general circulation in the area involved. The last publication shall be more than fifteen days prior to date of hearing. The board also shall cause a copy of the notice to be mailed in regular course of the federal mail at least thirty days prior to the date of the hearing to the owner or reputed owner of the property at his address, all as shown on the tax rolls or records of the county taxing agencies of the county wherein the property is situated, such notice being deemed adequate and sufficient. The sworn affidavit of the one doing such mailing shall be deemed conclusive of the fact that the notice was mailed. The notice shall state the following: (1) That the board has tentatively determined that the property of the owner or reputed owner named is receiving and will receive service and benefit from the facilities of the district; (2) That the board has caused a tentative roll of the properties with any improvements thereon which are receiving and will receive service and benefit to be filed with it; and that the roll shows a base of valuation thereon for the properties against which annual dollar rates will be levied and collected in the same manner as general taxes to pay the fair value of the benefit and service received and to be received by the property through use of the facilities of the district, and to pay the annual cost of operation, development and maintenance of the district and its facilities; (3) That on a date, time and place stated, the board will give consideration to the facts and the roll, will hear all objections filed, will review the roll and alter, modify, or change the same consistent with facts established and with equity and fair dealing concerning the properties involved to the end that just levies will be made for service and benefits received and to be received against each property for the purposes mentioned; and at the hearing or continuance thereof, it will adopt the roll in final form and certify and file a copy thereof with the assessor and treasurer of the county wherein the 85.32.060 (2008 Ed.) 85.32.100 property is located; and will cause annual millage to be levied against such established valuations for the purposes stated; (4) That all persons desiring to object to the proceedings, to the proposed base valuations, or to any other thing or matter in connection with the proceedings, must file written objections with the board stating clearly the basis of the objection before the time of the hearing, or all objections will be deemed waived. [1985 c 469 § 84; 1973 1st ex.s. c 195 § 123; 1961 c 131 § 7.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.070 Written objections—Filing—Grounds— Waiver. Any person, owner or reputed owner having any interest in any property against which the board seeks to make a service and benefit charge under this chapter, may object thereto. All such objections must be in writing and filed with the board before the hearing is commenced upon the roll containing such properties and must state clearly the grounds of such objection. Objections not made within this time and in this manner shall be deemed conclusively to have been waived. [1961 c 131 § 8.] 85.32.070 85.32.080 Additional roll due to omitted property or changed conditions. The board shall from time to time examine the properties within and without said district, and if it finds tentatively that property, including improvements thereon, has been omitted from the existing roll, or conditions have changed so that there are new properties or additional properties receiving benefit and service from the facilities of the district without charge, it shall cause from time to time an additional roll of such property to be filed with it and shall proceed in the same manner as provided in this chapter where the board causes property roll to be filed with it. [1961 c 131 § 9.] 85.32.080 85.32.090 Certification and filing of roll—Additional, supplemental roll supplements original. When any roll or additional or supplemental roll is adopted by the board, a copy thereof shall be certified to and filed with the auditor, the assessor and the treasurer of the county wherein the property contained on said roll is situated. Where the roll is a supplemental or additional roll, it shall supplement the original roll. [1961 c 131 § 10.] 85.32.090 85.32.100 Reexamination of properties—Supplemental roll—Certification and filing. The board may at any time reexamine the properties on any roll, and upon request of an owner shall do so, and if it is found that the condition of such property or properties has changed so that justly such property should be eliminated from any rolls on file, or the base against which dollar rate is levied should be lowered, it shall so determine and make a supplemental roll with reference to such property or properties. When adopted by it, the board shall certify and file a copy thereof with the auditor, assessor and treasurer of the county wherein the property is situated, and such officer shall alter and change the existing rolls accordingly. [1973 1st ex.s. c 195 § 124; 1961 c 131 § 11.] 85.32.100 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. [Title 85 RCW—page 65] 85.32.110 Title 85 RCW: Diking and Drainage 85.32.110 Roll is base for benefits against which levy made. The roll certified to the county officers as in this chapter provided, and any modification thereof as provided, shall serve as the base of benefits as to land, buildings and improvements furnished service and benefit by the systems of the district against which valuations dollar rates shall be levied and collected in the same manner as general taxes from time to time for the continuing functioning of the district and its systems. The dollar rate shall be levied in the manner required by law for dollar rate levies by drainage districts. [1973 1st ex.s. c 195 § 125; 1961 c 131 § 12.] 85.32.110 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.120 Levy for outstanding indebtedness. If any property outside of the territorial limits of the district is placed upon a roll as finally adopted, and at the time such property becomes subject to charge for service and benefit from the district’s system, there is an existing outstanding indebtedness owing by the district, the board shall make a separate estimate of the revenue required to be raised to pay or apply upon such indebtedness until it is extinguished, and it shall proceed and certify the same as hereinabove provided, and no dollar rate for raising revenue to extinguish such indebtedness shall be included in the levies made against any properties lying outside of the territorial limits of said district. When thus levied, the amount of assessment produced thereby shall be added by the general taxing authorities to the general taxes against said lands and collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same rate and in the same manner as general taxes and they shall be included in and be made a part of any general tax foreclosure proceedings according to the provisions of law with relation to such foreclosures. As assessment collections are made, the county treasurer shall credit same to the funds of such district. [1973 1st ex.s. c 195 § 126; 1961 c 131 § 13.] 85.32.120 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.130 Emergency warrants in excess of estimates. In the case of an emergency or disaster not in contemplation at the time of making the annual estimate of costs and declared to be such by resolution of the board, the board may incur additional obligations and issue valid warrants therefor in excess of such estimate in the manner provided by law for issuance of warrants by drainage districts and the servicing thereof, and all such warrants so issued shall be valid as shown upon the then current roll of said district filed with the county auditor. [1961 c 131 § 14.] 85.32.130 85.32.140 Chapter exclusive method—Concurrent use of other method to extinguish prior indebtedness— Special assessment bonds. Any district choosing to operate under this chapter shall not use the processes provided for raising revenue under any other law: PROVIDED, That if for any reason it is deemed more just and advisable by the board, any such other method or process for raising revenue as provided by law may be used concurrently against properties solely within the territorial limits of the district for the sole purpose of extinguishing indebtedness incurred before the 85.32.140 [Title 85 RCW—page 66] district adopts the procedure of this chapter, in which event no funds raised under this chapter shall be used to pay such prior indebtedness. However, when a drainage district issues special assessment bonds or notes after June 1, 1986, the process of raising revenue related to the bonds or notes shall be as specified in chapter 85.38 RCW. [1986 c 278 § 39; 1961 c 131 § 15.] Severability—1986 c 278: See note following RCW 36.01.010. 85.32.150 Owners of extraterritorial lands on roll are electors and may be commissioners—Corporations. Whenever lands, or lands with improvements thereon, lying outside of the existing territorial limits of such district are ultimately placed upon the assessment roll of such district in the manner provided by this chapter so that such lands are subject to maintenance benefits as provided, the owner of such land shall be deemed to be an elector within such district, and shall have the same right to participate in all district affairs and to vote upon all matters submitted to the electors of said district, including that of electing or becoming commissioners for the district, all in the manner provided for voting and elections under existing law pertaining to drainage districts. If such owner is a corporation, one of its duly constituted officers shall be deemed to have the right as an elector to vote on behalf of such corporation. [1961 c 131 § 16.] 85.32.150 85.32.160 Roll proceedings are conclusive—Injunction upon limited grounds. Whenever any roll shall have been adopted by the board, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties and cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll as provided in RCW 85.18.050 and appealing from the action of the board in confirming such roll in the manner and within the time in this chapter provided. No proceeding of any kind, except proceedings had through the process of appeal as in this chapter provided, shall be commenced or prosecuted or may be maintained for the purpose of defeating or contesting any assessment or charge made through levies under this chapter, or the sale of any property to pay such charges: PROVIDED, That a suit in injunction may be brought to prevent collection of charges or assessments or sale of property thereunder upon the following grounds and no other: (1) That the property charged or about to be sold does not appear upon the district roll filed with the county auditor, or (2) the charge or assessment has been paid. [1961 c 131 § 17.] 85.32.160 85.32.170 Judicial review—Petition to superior court. The decision of the board upon any objection made within the time and in the manner prescribed in this chapter may be reviewed by the superior court of the county wherein the property in question is located. Any person aggrieved must file his petition for writ of review with the clerk of the superior court wherein the property is located within ten days after the roll affecting such aggrieved party was adopted by resolution, and he shall serve a copy thereof upon the board. The petition shall describe the property in question, set forth the written objections which were made to the decision, give the date of filing of such objections, and shall be signed by 85.32.170 (2008 Ed.) Powers of Special Districts such party or someone in his behalf. The court shall forthwith grant such petition if correct as to form and filed in accordance with this section. [1961 c 131 § 18.] 85.36.050 mate of the costs reasonably anticipated to be required. [1961 c 131 § 23.] 85.32.900 Powers and duties of chapter are supplemental. The rights, powers and duties granted and imposed by this chapter are supplemental and in addition to any existing rights, powers and duties of drainage districts established under this title. [1961 c 131 § 24.] 85.32.900 85.32.180 Judicial review—Filing of transcript, objections, resolution—Filing fees—No bond required— Notice of hearing and trial. Within ten days after the filing of such petition for review, the board, unless the court shall grant additional time, shall file with the clerk of such court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by the petitioner before such roll was adopted, and a copy of the resolution adopting the roll. The filing fee shall be a cost recoverable by petitioner against the district. The clerk of the court shall charge the same filing fees for petitions for review as in other civil actions. The appellant need not file any bond to cause review to be had by the superior court. The court shall, on motion of either party to the cause, with notice to the other party, set the same for hearing and trial without jury at the earliest time available. [1961 c 131 § 19.] 85.32.180 85.32.190 Judicial review—Scope of trial. At the trial the court shall determine whether the board has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the findings and decision of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm, correct, or modify the values of the property in question as shown upon the roll, and a certified copy thereof shall be filed with the county auditor, who shall change, modify or correct as and if required. [1961 c 131 § 20.] 85.32.190 85.32.200 Appellate review. Appellate review may be sought as in other civil cases: PROVIDED, That such review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals on such review may change, confirm, correct or modify the values of the property in question as shown upon the roll. A certified copy of any judgment of the supreme court or the court of appeals shall be filed with the county auditor having custody of such roll, who shall thereupon change, modify, or correct such roll in accordance with such decision, if required. [1988 c 202 § 84; 1971 c 81 § 169; 1961 c 131 § 21.] 85.32.200 Severability—1988 c 202: See note following RCW 2.24.050. 85.32.210 Levies are for continuous benefits. The dollar rate levy returns collected from time to time under this chapter are solely assessments for benefits received continuously by the benefited properties, calculated in the manner specified in this chapter as a just and equitable way for all benefited property to share the expense of such required service. [1973 1st ex.s. c 195 § 127; 1961 c 131 § 22.] 85.32.210 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 85.32.220 Annual estimate of costs. The board of any drainage district proceeding under this chapter shall, on or before the first day of November of each year, make an esti85.32.220 (2008 Ed.) 85.32.910 Severability—1961 c 131. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected. [1961 c 131 § 25.] 85.32.910 Chapter 85.36 Chapter 85.36 RCW POWERS OF SPECIAL DISTRICTS (Formerly: Consolidation of districts) Sections 85.36.005 85.36.025 85.36.040 85.36.050 Certain powers and rights governed by chapter 85.38 RCW. Special assessments—Budgets—Alternative methods. Special assessment bonds. Annexation of territory—Consolidation of special districts— Suspension of operations—Reactivation. Special district creation and operation: Chapter 85.38 RCW. 85.36.005 Certain powers and rights governed by chapter 85.38 RCW. Consolidated diking districts, drainage districts, diking improvement districts, and drainage improvement districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 35.] 85.36.005 Severability—1985 c 396: See RCW 85.38.900. 85.36.025 Special assessments—Budgets—Alternative methods. RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts created after July 28, 1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 28.] 85.36.025 Severability—1985 c 396: See RCW 85.38.900. 85.36.040 Special assessment bonds. Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [1986 c 278 § 27.] 85.36.040 Severability—1986 c 278: See note following RCW 36.01.010. 85.36.050 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. Consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts may annex territory, consolidate with other special districts, 85.36.050 [Title 85 RCW—page 67] Chapter 85.38 Title 85 RCW: Diking and Drainage and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW. [1986 c 278 § 15.] Severability—1986 c 278: See note following RCW 36.01.010. Chapter 85.38 RCW SPECIAL DISTRICT CREATION AND OPERATION vide diking, drainage, and flood control facilities and services. The legislature finds that it is in the public interest to clarify and standardize the laws relating to these special districts. [1985 c 396 § 1.] Chapter 85.38 Sections 85.38.001 85.38.005 85.38.010 85.38.020 85.38.030 85.38.040 85.38.050 85.38.060 85.38.070 85.38.075 85.38.080 85.38.090 85.38.100 85.38.105 85.38.110 85.38.115 85.38.120 85.38.125 85.38.130 85.38.140 85.38.145 85.38.150 85.38.160 85.38.165 85.38.170 85.38.180 85.38.190 85.38.200 85.38.210 85.38.213 85.38.215 85.38.217 85.38.220 85.38.225 85.38.230 85.38.240 85.38.250 85.38.260 85.38.270 85.38.280 85.38.900 Actions subject to review by boundary review board. Purpose. Definitions. Establishment of special districts—Petition or resolution— Contents. Investigation of proposed boundaries and districts—Report. Proposed special districts—Public hearing—Notice. Public hearing—Elections. Elections—Notice—Costs. Governing board—Terms of office—Election—Appointment—Vacancies—Qualifications. Governing body—Compensation and expenses. Governing body—Bond. Governing body—Reduction in size. General elections. Voting rights. Presumed eligible voters’ list—Notice of requirements of voting authority—Copy of voter’s list to county auditor. Elections—When not required. Elections—Auditor’s assistance—Notice—Auditor’s costs. Elections—Auditor to conduct—Election by mail. Election officials—Duties—Voting hours—Challenged ballots—Absentee ballots. Special district financing—Alternative method. Rates and charges. Special assessments—Valuation—Assessment zones—Criteria for assessments. Systems of assessment—Hearing—Notice—Adoption of ordinance—Appeals—Review—Emergency assessment. Applicable assessed value. Budgets—Special assessments—Notice—Delinquent special assessments—Collection fee. Special districts—Powers. Construction of improvements—When public bidding not required—Use of district employees or volunteers. Annexation of contiguous territory—Procedures. Consolidation of contiguous districts—Procedures. Withdrawal of area within city or town. Transfer of territory from one special district to another. Drainage and drainage improvement districts—Removal of area by first-class city—Notice. Suspension of operations—Procedure—Reactivation. Alternative dissolution procedure—Drainage and drainage improvement districts—Conditions. Special assessment bonds authorized. Special assessment bonds—Issuance—Terms. Special assessment bonds—Guaranty fund. Special assessment bonds—Refunding. Special assessment bonds issued prior to July 1, 1986. Cooperative watershed management. Severability—1985 c 396. 85.38.001 Actions subject to review by boundary review board. The establishment of a drainage district, drainage improvement district, or drainage or diking improvement district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Annexations, consolidations, or transfers of territory by a drainage district, drainage improvement district, or drainage or diking improvement district may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 64.] 85.38.001 85.38.005 Purpose. The purpose of this chapter is to provide uniform and simplified procedures for the creation, elections, and operations of various special districts that pro85.38.005 [Title 85 RCW—page 68] 85.38.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district. (2) "Owner of land" means the record owner of at least a majority ownership interest in a separate and legally created lot or parcel of land, as determined by the records of the county auditor, except that if the lot or parcel has been sold under a real estate contract, the vendee or grantee shall be deemed to be the owner of such land for purposes of authorizing voting rights. It is assumed, unless shown otherwise, that the name appearing as the owner of property on the property tax rolls is the current owner. (3) "Qualified voter of a special district" means a person who is either: (a) A natural person who is a voter under general state election laws, registered to vote in the state of Washington for a period of not less than thirty days before the election, and the owner of land located in the special district for a period of not less than thirty days before the election; (b) a corporation or partnership that has owned land located in the special district for a period of not less than sixty days before the election; or (c) the state, its agencies or political subdivisions that own land in the special district or lands proposed to be annexed into the special district except that the state, its agencies and political subdivisions shall not be eligible to vote to elect a member of the governing board of a special district. (4) "Special district" means: (a) A diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or (f) a flood control district. (5) "Special district general election" means the election of a special district regularly held on the first Tuesday after the first Monday in February in each even-numbered year at which a member of the special district governing body is regularly elected. [1991 c 349 § 1; 1986 c 278 § 41; 1985 c 396 § 2.] 85.38.010 Severability—1986 c 278: See note following RCW 36.01.010. 85.38.020 Establishment of special districts—Petition or resolution—Contents. The establishment of a special district may be initiated by either petition of the owners of property located within the proposed special district, or by resolution of the county legislative authority or authorities within which the proposed special district is located. A petition calling for the creation of a special district, which is signed by at least ten owners of land located within the proposed district, shall be filed with the county legislative authority within which a proposed special district, or the largest portion of a special district, is located. If the proposed special district is proposed to be located within more than one 85.38.020 (2008 Ed.) Special District Creation and Operation county, the county legislative authority receiving the petitions shall notify the other county legislative authorities of the proposal. The petition shall set forth in general terms: (1) The objects sought by the creation of the special district; (2) the projects proposed to be completed by the special district that will accomplish these objects; (3) the boundaries of the proposed special district, which may be stated in terms of sections, townships, and ranges; and (4) any other matters deemed material by the petitioners. The jurisdiction of the county legislative authority to proceed with consideration of the creation of the proposed special district shall not be affected by the form of the petition or allegations on the petition. The petition shall be accompanied by proof of land ownership that is sufficient in the opinion of the county legislative authority to evidence the ownership of land by the petitioners within the proposed special district. A petition calling for the creation of a special district shall be accompanied by a bond of five thousand dollars to defray the costs incurred by the county, or counties, in considering the creation of the special district. A resolution proposing the creation of a special district shall contain the same items as are required and permitted to be contained in a petition to create a special district. [1985 c 396 § 3.] 85.38.030 Investigation of proposed boundaries and districts—Report. Upon the filing of a valid petition or upon the adoption of the resolution, the county legislative authority shall direct the county engineer to investigate the proposed boundaries of the special district and the feasibility of the projects located in the county as proposed in the petition or resolution. The engineer shall report to the county legislative authority within ninety days of such direction on the proposed boundaries of the special district within the county and feasibility of that portion of the proposed project. If the proposed special district is located in more than one county, the county legislative authority of each county shall direct its county engineer to investigate and report on the proposal within its boundaries. [1985 c 396 § 4.] 85.38.030 85.38.040 Proposed special districts—Public hearing—Notice. The county legislative authority shall schedule a public hearing on the proposed special district if the county engineer’s report indicates that the proposed projects are feasible. If the engineers of each of the counties within which a proposed special district is located indicate that the proposed projects are feasible, the county legislative authorities shall schedule a joint public hearing on the proposed special district. The county legislative authority may, on its own initiative, schedule a public hearing on the proposed special district if the county engineer’s report indicates that the proposed projects are not feasible. The county legislative authorities of counties within which a proposed special district is located may, on their own initiative, schedule a joint public hearing on the proposed special district if one or more of the county engineers’ reports indicate that the proposed projects are not feasible. Notice of the public hearing shall be published in a newspaper of general circulation within the proposed special district, which notice shall be purchased in the manner of a 85.38.040 (2008 Ed.) 85.38.060 general advertisement, not to be included with legal advertisements or with classified advertisements. This notice shall be published at least twice, not more than twenty nor less than three days before public hearing. Additional notice shall be made as required in RCW 79.44.040. The notice must contain the following: (1) The date, time, and place of the public hearing; (2) a statement that a particular special district is proposed to be created; (3) a general description of the proposed projects to be completed by the special district; (4) a general description of the proposed special district boundaries; and (5) a statement that all affected persons may appear and present their comments in favor of or against the creation of the proposed special district. [1991 c 349 § 8; 1985 c 396 § 5.] 85.38.050 Public hearing—Elections. The county legislative authority or authorities shall conduct the public hearing at the date, time, and place indicated in the notice. Public hearings may be continued to other dates, times, and places specified by the county legislative authority or authorities before the adjournment of the public hearing. Each county legislative authority may alter those portions of boundaries of the proposed special district that are located within the county, but if territory is added that was not described in the original proposed boundaries, an additional hearing on the proposal shall be held with notice being published as provided in RCW 85.38.040. After receiving the public testimony, the county legislative authority may cause an election to be held to authorize the creation of a special district if it finds: (1) That creation of the special district will be conducive to the public health, convenience and welfare; (2) That the creation of the special district will be of special benefit to a majority of the lands included within the special district; and (3) That the proposed improvements are feasible and economical, and that the benefits of these improvements exceed costs for the improvements. If the proposed special district is located within two or more counties, the county legislative authorities may cause an election to be held to authorize the creation of the special district upon making the findings set forth in subsections (1) through (3) of this section. The county legislative authority or authorities may also choose not to allow such an election to be held by either failing to act or finding that one or more of these factors are not met. [1991 c 349 § 9; 1985 c 396 § 6.] 85.38.050 85.38.060 Elections—Notice—Costs. The county legislative authority or authorities shall cause an election on the question of creating the special district to be held if findings as provided in RCW 85.38.050 are made. The county legislative authority or authorities shall designate a time and date for such election, which shall be one of the special election dates provided for in *RCW 29.13.020, together with the site or sites at which votes may be cast. The persons allowed to vote on the creation of a special district shall be those persons who, if the special district were created, would be qualified voters of the special district as described in RCW 85.38.010. The county auditor or auditors of the counties within which 85.38.060 [Title 85 RCW—page 69] 85.38.070 Title 85 RCW: Diking and Drainage the proposed special district is located shall conduct the election and prepare a list of presumed eligible voters. Notices for the election shall be published as provided in RCW 85.38.040. The special district shall be created if the proposition to create the special district is approved by a simple majority vote of the voters voting on the proposition and the special district may assume operations whenever the initial members of the governing body are appointed as provided in RCW 85.38.070. Any special district created after July 28, 1985, may only have special assessments measured and imposed, and budgets adopted, as provided in RCW 85.38.140 through 85.38.170. If the special district is created, the county or counties may charge the special district for the costs incurred by the county engineer or engineers pursuant to RCW 85.38.030 and the costs of the auditor or auditors related to the election to authorize the creation of the special district pursuant to this section. Such county actions shall be deemed to be special benefits of the property located within the special district that are paid through the imposition of special assessments. [1991 c 349 § 10; 1985 c 396 § 7.] *Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 85.38.070 Governing board—Terms of office—Election—Appointment—Vacancies—Qualifications. (1) Except as provided in RCW 85.38.090, each special district shall be governed by a three-member governing body. The term of office for each member of a special district governing body shall be six years and until his or her successor is elected and qualified. One member of the governing body shall be elected at the time of special district general elections in each even-numbered year for a term of six years beginning as soon as the election returns have been certified for assumption of office by elected officials of cities. (2) The terms of office of members of the governing bodies of special districts, who are holding office on July 28, 1985, shall be altered to provide staggered six-year terms as provided in this subsection. The member who on July 28, 1985, has the longest term remaining shall have his or her term altered so that the position will be filled at the February 1992, special district general election; the member with the second longest term remaining shall have his or her term altered so that the position will be filled at the December, 1989, special district general election; and the member with the third longest term of office shall have his or her term altered so that the position will be filled at the December, 1987, special district general election. (3) The initial members of the governing body of a newly created special district shall be appointed by the legislative authority of the county within which the special district, or the largest portion of the special district, is located. These initial governing body members shall serve until their successors are elected and qualified at the next special district general election held at least ninety days after the special district is established. At that election the first elected members of the governing body shall be elected. No primary elections may be held. Any voter of a special district may become a candidate for such a position by filing written notice of this intention with the county auditor at least thirty, but not more 85.38.070 [Title 85 RCW—page 70] than sixty, days before a special district general election. The county auditor in consultation with the special district shall establish the filing period. The names of all candidates for such positions shall be listed alphabetically. At this first election, the candidate receiving the greatest number of votes shall have a six-year term, the candidate receiving the second greatest number of votes shall have a four-year term, and the candidate receiving the third greatest number of votes shall have a two-year term of office. The initially elected members of a governing body shall take office immediately when qualified as defined in *RCW 29.01.135. Thereafter the candidate receiving the greatest number of votes shall be elected for a six-year term of office. Members of a governing body shall hold their office until their successors are elected and qualified, and assume office as soon as the election returns have been certified. (4) The requirements for the filing period and method for filing declarations of candidacy for the governing body of the district and the arrangement of candidate names on the ballot for all special district elections conducted after the initial election in the district shall be the same as the requirements for the initial election in the district. No primary elections may be held for the governing body of a special district. (5) Whenever a vacancy occurs in the governing body of a special district, the legislative authority of the county within which the special district, or the largest portion of the special district, is located, shall appoint a district voter to serve until a person is elected, at the next special district general election occurring sixty or more days after the vacancy has occurred, to serve the remainder of the unexpired term. The person so elected shall take office immediately when qualified as defined in *RCW 29.01.135. If an election for the position which became vacant would otherwise have been held at this special district election, only one election shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in *RCW 29.01.135 and shall serve both the remainder of the unexpired term and the succeeding term. A vacancy occurs upon the death, resignation, or incapacity of a governing body member or whenever the governing body member ceases being a qualified voter of the special district. (6) An elected or appointed member of a special district governing body, or a candidate for a special district governing body, must be a qualified voter of the special district: PROVIDED, That the state, its agencies and political subdivisions, or their designees under RCW 85.38.010(3) shall not be eligible for election or appointment. [1991 c 349 § 11; 1987 c 298 § 2; 1986 c 278 § 42; 1985 c 396 § 8.] *Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133 pursuant to 2003 c 111 § 2401, effective July 1, 2004. Severability—1986 c 278: See note following RCW 36.01.010. 85.38.075 Governing body—Compensation and expenses. The members of the governing body may each receive up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the governing body or in performance of other official services or duties on behalf of the district. The governing body shall fix the compensation to be paid to the members, secretary, and all other agents and employees of the district. Compensation for the 85.38.075 (2008 Ed.) Special District Creation and Operation members shall not exceed eight thousand six hundred forty dollars in one calendar year. A member is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the member’s place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW. Any member may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the member’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 15; 1998 c 121 § 12.] 85.38.080 Governing body—Bond. Each member of a governing body of a special district, whether elected or appointed, shall enter into a bond, payable to the special district. The bond shall be in the sum of not less than one thousand dollars nor more than five thousand dollars, as determined by the county legislative authority of the county within which the special district, or the largest portion of the special district, is located. The bond shall be conditioned on the faithful performance of his or her duties as a member of the governing body of the special district and shall be filed with the county clerk of the county within which the special district, or the largest portion of the special district, is located. [1987 c 298 § 3; 1985 c 396 § 9.] 85.38.080 85.38.090 Governing body—Reduction in size. (1) Whenever the governing body of a special district has more than three members, the governing body shall be reduced to 85.38.090 (2008 Ed.) 85.38.105 three members as of January 1, 1986, by eliminating the positions of those district governing body members with the shortest remaining terms of office. The remaining three governing body members shall have staggered terms with the one having the shortest remaining term having his or her position filled at the 1987 special district general election, the one with the next shortest remaining term having his or her position filled at the 1989 special district general election, and the one with the longest remaining term having his or her position filled at the 1992 special district general election. If any of these remaining three governing body members have identical remaining terms of office, the newly calculated remaining terms of these persons shall be determined by lot with the county auditor who assists the special district in its elections managing such lot procedure. The newly established terms shall be recorded by the county auditor. (2) However, whenever five or more special districts have consolidated under chapter 85.36 RCW and the consolidated district has five members in its governing body on July 28, 1985, the consolidated district may adopt a resolution retaining a five-member governing body. At any time thereafter, such a district may adopt a resolution and reduce the size of the governing body to three members with the reduction occurring as provided in subsection (1) of this section, but the years of the effective dates shall be extended so that the reduction occurs at the next January 1st occurring after the date of the adoption of the resolution. Whenever a special district is so governed by a five-member governing body, two members shall be elected at each of two consecutive special district general elections, and one member shall be elected at the following special district general election, each to serve a six-year staggered term. [1991 c 349 § 12; 1985 c 396 § 10.] 85.38.100 General elections. General elections shall be held in each special district on the first Tuesday after the first Monday in February in each even-numbered year. The auditor of the county within which a special district, or the largest portion of a special district, is located may provide for special elections whenever necessary. [1991 c 349 § 5; 1985 c 396 § 11.] 85.38.100 85.38.105 Voting rights. (1) The owner of land located in a special district who is a qualified voter of the special district shall receive two votes at any election. (2) If multiple undivided interests, other than community property interests, exist in a lot or parcel and no person owns a majority undivided interest, the owners of undivided interests at least equal to a majority interest may designate in writing: (a) Which owner is eligible to vote and may cast two votes; or (b) Which two owners are eligible to vote and may cast one vote each. (3) If land is owned as community property, each spouse is entitled to one vote if both spouses otherwise qualify to vote, unless one spouse designates in writing that the other spouse may cast both votes. (4) A corporation, partnership, or governmental entity shall designate: (a) A natural person to cast its two votes; or 85.38.105 [Title 85 RCW—page 71] 85.38.110 Title 85 RCW: Diking and Drainage (b) Two natural persons to each cast one of its votes. (5) Except as provided in RCW 85.08.025 and 86.09.377, no owner of land may cast more than two votes or have more than two votes cast for him or her in a special district election. [1991 c 349 § 2.] 85.38.110 Presumed eligible voters’ list—Notice of requirements of voting authority—Copy of voter’s list to county auditor. A list of presumed eligible voters shall be prepared and maintained by each special district. The list shall include the assessor’s tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels and their mailing address, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington. Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish voting authority to vote. Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish voting authority. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or the largest portion of the special district is located. The special district must compile the list of eligible voters and provide it to the county auditor by the first day of November preceding the special district general election. In the event the special district does not provide the county auditor with the list of qualified voters by this date, the county auditor shall compile the list and charge the special district for the costs required for its preparation. The county auditor shall not be held responsible for any errors in the list. [1991 c 349 § 13; 1985 c 396 § 12.] 85.38.110 85.38.115 Elections—When not required. No election shall be held to elect a member of a special district governing body, or to fill the remainder of an unexpired term which arose from a vacancy on the governing body, if no one or only one person files for the position. If only one person files for the position, he or she shall be considered to have been elected to the position at the election that otherwise would have taken place for such position. If no one files for the position and the upcoming election is one at which someone would have been elected to fill the expired term, the position shall be treated as vacant at the expiration of the term. If no one files for the position and the upcoming election is one at which someone would have been elected to fill the remaining term of office, the person appointed to fill the vacancy shall be considered to have been elected to the position at the election and shall serve for the remainder of the unexpired term. [1991 c 349 § 6.] 85.38.115 85.38.120 Elections—Auditor’s assistance—Notice— Auditor’s costs. The auditor of the county within which a special district, or the largest portion of a special district, is located shall assist such special district with its elections as provided in this section. (1) The county auditor shall publish notice of an election to create a special district and notice of all special district elections not conducted by mail in a newspaper of general 85.38.120 [Title 85 RCW—page 72] circulation in the special district at least once not more than ten nor less than three days before the election. The notices shall describe the election, give its date and times to be held, and indicate the election site or sites in the special district where ballots may be cast. (2) If a special district has at least five hundred qualified voters, then the county auditor shall publish in a newspaper of general circulation in the special district a notice of the filing period and place for filing a declaration of candidacy to become a member of the governing body. This notice shall be published at least seven days prior to the closing of the filing period. If the special district has less than five hundred qualified voters, then the special district shall mail or deliver this notice to each qualified voter of the special district at least seven days prior to the closing of the filing period. (3) All costs of the county auditor incurred related to such elections shall be reimbursed by the special district. [1991 c 349 § 14; 1985 c 396 § 13.] 85.38.125 Elections—Auditor to conduct—Election by mail. (1) If a special district has less than five hundred qualified voters, then the special district must contract with the county auditor to conduct the special district elections. The county auditor has the discretion as to whether to conduct the election by mail. (2) If a special district has at least five hundred qualified voters, the special district may contract with the county auditor to staff the voting site during the election or contract with the county auditor to conduct the election by mail. A special district with at least five hundred qualified voters may also choose to conduct its own elections. A special district that conducts its own elections must enter into an agreement with the county auditor that specifies the responsibilities of both parties. (3) If the county auditor conducts a special district election by mail, then the provisions of *chapter 29.36 RCW which govern elections by mail, except for the requirements of **RCW 29.36.120, shall apply. [1991 c 349 § 15.] 85.38.125 Reviser’s note: *(1) Chapter 29.36 RCW was recodified as chapter 29A.40 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. **(2) RCW 29.36.120 was recodified as RCW 29.38.010 pursuant to 2001 c 241 § 25. RCW 29.38.010 was subsequently recodified as RCW 29A.48.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 85.38.130 Election officials—Duties—Voting hours—Challenged ballots—Absentee ballots. For special district elections that are not conducted by mail, the governing body of each special district shall appoint three voters of the special district, who may be members of the governing body, to act as election officials, unless the special district contracts with the county auditor to staff the election site. The election officials shall distribute a ballot or ballots to each voter of the special district who arrives at the voting place during the hours for the election on the day of the election and requests a ballot. Ballots shall also be provided to those persons arriving at the polling place during the hours for the election on the day of the election who present documents or evidence sufficient to establish their eligibility to vote. A person arriving at the polling place at such times who demands a ballot, but who fails to present documents or evidence which in the opinion of the election officials is sufficient to establish 85.38.130 (2008 Ed.) Special District Creation and Operation eligibility to vote, shall be given a ballot clearly marked as "challenged" and shall be allowed to vote. Each challenged ballot shall be numbered consecutively and a list of such persons and their ballot numbers shall be made. The governing body of each special district shall designate those hours from 7 a.m. to 8 p.m. during which the election shall be held: PROVIDED, That at least six consecutive hours must be designated. When the election is over, the election officials shall secure the ballots and transport the ballots to the county auditor’s office by noon of the day following the election. The auditor may, at his or her discretion, station a deputy auditor or auditors at the election site who shall observe the election and transport the ballots to the auditor’s office. The auditor shall count the ballots and certify the count of votes for and against each measure and for each candidate appearing on the ballot. A separate count shall be made of any challenged ballots. A challenged ballot shall be counted as a normal ballot if documents or evidence are supplied to the auditor before 4:00 p.m. on the day after the election that, in the opinion of the auditor, are sufficient to establish the person’s eligibility to vote. Additionally, voting by absentee ballot shall be allowed in every special district. A request for an absentee ballot may be made by an eligible voter by mail or in person to the county auditor who supervises the special district elections. An absentee ballot shall be provided to each voter of a special district requesting such a ballot under this section. A person requesting such a ballot may present information establishing his or her eligibility to vote in such a special district. The auditor shall provide an absentee ballot to each person requesting an absentee ballot who is either included on the list of presumed eligible voters or who submits information which, in the auditor’s opinion, establishes his or her eligibility to vote. The names of these persons so determined to be eligible to vote shall be added to the list of presumed eligible voters for the appropriate special district. The request for an absentee ballot must be made no more than forty-five days before the election. To be valid, absentee ballots must be postmarked on or before the day of the election and mailed to the county auditor. [1991 c 349 § 16; 1985 c 396 § 14.] 85.38.140 Special district financing—Alternative method. The process by which budgets are adopted, special assessments are measured and imposed, rates and charges are fixed, and assessment zones are established, as provided in RCW 85.38.140 through 85.38.170, shall constitute an alternative optional method of financing special districts. A special district in existence prior to July 28, 1985, may conform with RCW 85.38.140 through 85.38.170 when its governing body adopts a resolution indicating its intention to conform with such laws. Whenever such a resolution is adopted, or a new special district is created on or after July 28, 1985, RCW 85.38.140 through 85.38.170 shall be the exclusive method by which the special district measures and imposes special assessments and adopts its budget. The governing body of a special district that was created before July 28, 1985, and which operates under RCW 85.38.140 through 85.38.170, may adopt a resolution removing the special district from operating under RCW 85.38.140 through 85.38.170, and operate under alternative procedures available to the special district. A county may charge a special district for costs the 85.38.140 (2008 Ed.) 85.38.150 county incurs in establishing a system or systems of assessment for the special district pursuant to RCW 85.38.140 through 85.38.170. [1993 c 464 § 3; 1985 c 396 § 15.] 85.38.145 Rates and charges. Regardless of whether any special assessments have been or may be imposed on a particular parcel of real property pursuant to this chapter, in order to implement the authority granted under RCW 85.38.180(3), a special district may fix rates and charges payable by owners or occupiers of real estate within the special district. When fixing rates and charges, the district may consider the degree to which activities on a parcel of real property, including on-site septic systems, contribute to the problems that the special district is authorized to address under RCW 85.38.180(3). [1993 c 464 § 4.] 85.38.145 85.38.150 Special assessments—Valuation—Assessment zones—Criteria for assessments. (1) Special district special assessments shall be imposed only on real property within the district that uses or will use the special district’s facilities or receives or will receive special benefits from the special district’s operations and facilities. Both privately owned and publicly owned real property, including real property owned by the state, is subject to these special assessments. Mobile homes located on real property within a special district shall be considered an improvement to the real property for purposes of imposing special assessments. (2) Special assessments imposed upon real property, other than improvements, shall be a function of the dollar value of benefit or use per acre and the assessment zone in which the real property is located. Special assessments imposed upon an improvement shall be a function of the dollar value of benefit or use assigned to the type or class of improvements and the assessment zone in which the improvement is located. (3) Assessment zones shall be established in which each zone reflects a different relative ratio of benefit or use that the real property within such a zone receives, or will receive, from the special district’s operations and facilities. That real property receiving the greatest benefits, or which uses the special district’s facilities to the greatest extent, shall be placed into class No. 1 and assigned a value of one hundred percent; that real property receiving the next greatest benefits, or which uses the special district’s facilities to the next greatest extent, shall be placed into class No. 2 and assigned a lower percentage value; and so on, extending to the class of least benefits or use. That real property receiving no benefits or use shall be designated "nonbenefit." If all real property in the special district is found to have the same relative ratio of benefit or use, a single assessment zone may be established. (4) Any one or more of the following criteria shall be used in measuring the manifest degrees or ratios of benefit or use: (a) Proximity to the special district’s facilities; (b) height above or below dikes and levees; (c) easier accessibility; (d) facility of drainage; (e) minimization of flood or inundation damage; (f) actual flood protection; (g) use of the special district’s facilities; and (h) any other criteria established by the county under RCW 85.38.160 that measure manifest degrees of benefit or use from the special district’s facilities and operations. 85.38.150 [Title 85 RCW—page 73] 85.38.160 Title 85 RCW: Diking and Drainage (5) Special assessments may be imposed to pay for the construction, repair, and maintenance of special district facilities and for special district operations. Administrative and operational costs of the special district shall be proportionally included in these special assessments. [1985 c 396 § 16.] 85.38.160 Systems of assessment—Hearing— Notice—Adoption of ordinance—Appeals—Review— Emergency assessment. (1) The county within which each special district is located shall establish a system or systems of assessment for the special district as provided in this section. A differing system of assessment shall be established for different classes of facilities that a special district provides or will provide, including a separate system of assessment for diking and drainage facilities if both classes of facilities are provided. Whenever a special district is located in more than one county, the county within which the largest portion of the special district is located shall establish the system or systems of assessment for the entire special district. A system of assessment shall include assessment zones, the acreage included in each assessment zone, a dollar value of benefit or use per acre, and various classes or types of improvements together with a dollar value of benefit or use for an improvement included in each of the classes or types of improvements. The county shall establish which improvements shall be subject to special assessments and shall establish one or more types or classes of such improvements. (2) The engineer of the county shall prepare a preliminary system or systems of assessment for each special district. Each system of assessment that is prepared for a special district shall be designed to generate a total of one thousand dollars in revenue for the special district. The preliminary system or systems of assessment shall be filed with the county legislative authority. A public hearing on the preliminary system or systems of assessment shall be held by the county legislative authority. Notice of the public hearing shall be published in a newspaper, in general circulation in the special district, for two consecutive weeks with the final notice being published not less than fourteen, nor more than twenty-one days, before the public hearing. Notice shall also be mailed to each owner or reputed owner, as shown on the assessor’s tax rolls, of each lot or parcel subject to such assessments. The mailed notice shall indicate the amount of assessment on the lot or parcel that, together with all other assessments in the system of assessment, would raise one thousand dollars. The mailed notice shall indicate that this assessment amount is not being imposed, but is a hypothetical assessment that, if combined with all other hypothetical assessments in the system of assessment, would generate one thousand dollars, and that this hypothetical assessment is proposed to be used to establish a system or systems of assessment for the special district. Where a special district currently is imposing special assessments and a property owner’s property is subject to these special assessments, the mailed notice to this property owner also shall use the hypothetical special assessment in conjunction with the total special assessments imposed by the special district in that year to provide a comparison special assessment value to the property owner. This notice shall indicate that the comparison special assessment value is not being imposed, and should be considered for comparative purposes only. Where 85.38.160 [Title 85 RCW—page 74] a special district is not currently imposing special assessments, the mailed notice may include, if deemed appropriate by the county engineer and if such figures are available, an estimated special assessment value for the property owner’s property using this hypothetical special assessment in conjunction with special district-wide level of special assessments that possibly would be imposed in the following year. Where a county is imposing rates and charges for storm water or surface water control facilities pursuant to chapters 36.89 or 36.94 RCW, the county shall credit such rates and charges with assessments imposed under this section by a special district to fund drainage facilities and the maintenance of drainage facilities. (3) The county legislative authority shall hold a public hearing on the preliminary system or systems of assessment on the day specified in the notices. Persons objecting to the preliminary system or systems of assessment may present their objections at this public hearing, which may be continued if necessary. The county legislative authority shall adopt an ordinance finalizing the system or systems of assessment after making any changes that in its discretion are necessary. The county legislative authority shall have broad discretion in establishing systems of assessment. The decision of the county legislative authority shall be final, except for appeals. Any person objecting to the system or systems of assessment must appeal such decision to the superior court of the county within which all, or the largest portion, of the special district is located within twenty days of the adoption of the ordinance. (4) The system or systems of assessment of each special district shall be reviewed by the county engineer and finalized by the county legislative authority at least once every four years. A system or systems of assessment shall be finalized on or before the first of September in the year that it is finalized. The legislative authority of a county that is responsible for establishing a system or systems of assessment for more than one special district may, at its option, stagger the initial finalization of such systems of assessment for different special districts over a period of up to four years. Assessments shall be collected in special districts pursuant to the district’s previous system of assessment until the system or systems of assessment under this chapter is finalized under this section. (5) New improvements shall be noted by the special district as they are made and shall be subject to special assessments in the year after the improvement is made. (6) The county legislative authority, upon request by a special district, may authorize the special district to impose and collect emergency assessments pursuant to the special district’s system or systems of assessment whenever the emergent protection of life or property is necessary. [1985 c 396 § 17.] 85.38.165 Applicable assessed value. (1) Every special district must use the assessed value applicable to forest land, farm and agricultural land, or open space land, under chapter 84.33 or 84.34 RCW, when the land has been designated as such and the assessed value is used as a component in determining the district assessment. (2) If a district uses a fractional amount of assessed value as a component in determining the district assessment, then a 85.38.165 (2008 Ed.) Special District Creation and Operation fractional amount of the value applicable to forest land, farm and agricultural land, or open space land, under chapter 84.33 or 84.34 RCW, shall be used. [2005 c 181 § 1.] 85.38.170 85.38.170 Budgets—Special assessments—Notice— Delinquent special assessments—Collection fee. Budgets for each special district shall be adopted, and special assessments imposed, annually for the succeeding calendar year. On or before December 1st of each year, the governing body of the special district shall adopt a resolution approving a budget for the succeeding year and special assessments sufficient to finance the budget. A copy of the resolution and the budget shall be forwarded immediately to the county legislative authority of the county or counties within which the special district is located and to the treasurer of the county or counties in which the special district is located. Special assessments necessary to generate funds for this budget shall be imposed pursuant to the system or systems of assessment established by the county. Special assessments shall be collected by the county treasurer or treasurers within which the special district is located. Notice of the special assessments due may be included on the notice of property taxes due, may be included on a separate notice that is mailed with the notice of property taxes due, or may be sent separately from the notice of property taxes due. Special assessments shall be due at the same time property taxes are due and shall constitute liens on the land or improvements upon which they are imposed. Delinquent special assessments shall be foreclosed in the same manner, and subject to the same time schedules, interest, and penalties as delinquent property taxes. County treasurers may impose a fee for collecting special assessments not to exceed one percent of the dollar value of special assessments collected. [1985 c 396 § 18.] 85.38.180 85.38.180 Special districts—Powers. A special district may: (1) Engage in flood control activities, and investigate, plan, construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities necessary to prevent inundation or flooding from rivers, streams, tidal waters or other waters. Such facilities include dikes, levees, dams, banks, revetments, channels, canals, drainage ditches, tide gates, flood gates, and other works, appliances, machinery, and equipment. (2) Engage in drainage control, storm water control, and surface water control activities, and investigate, plan, construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities necessary to control and treat storm water, surface water, and flood water. Such facilities include drains, flood gates, drainage ditches, tide gates, ditches, canals, nonsanitary sewers, pumps, and other works, appliances, machinery, and equipment. (3) Engage in lake or river restoration, aquatic plant control, and water quality enhancement activities. (4) Take actions necessary to protect life and property from inundation or flow of flood waters, storm waters, or surface waters. (5) Acquire, purchase, condemn by power of eminent domain pursuant to chapters 8.08 and 8.25 RCW, or lease, in (2008 Ed.) 85.38.200 its own name, necessary property, property rights, facilities, and equipment. (6) Sell or exchange surplus property, property rights, facilities, and equipment. (7) Accept funds and property by loan, grant, gift, or otherwise from the United States, the state of Washington, or any other public or private source. (8) Hire staff, employees, or services, or use voluntary labor. (9) Sue and be sued. (10) Cooperate with or join the United States, the state of Washington, or any other public or private entity or person for district purposes. (11) Enter into contracts. (12) Exercise any of the usual powers of a corporation for public purposes. [2003 c 392 § 1; 1991 c 349 § 17; 1985 c 396 § 19.] 85.38.190 Construction of improvements—When public bidding not required—Use of district employees or volunteers. Any proposed improvement or part thereof, not exceeding five thousand dollars in cost, may be constructed by district employees: PROVIDED, That this shall not restrict a special district from using volunteer labor and equipment on improvements, and providing reimbursement for actual expenses. [1987 c 298 § 4; 1986 c 278 § 50.] 85.38.190 Severability—1986 c 278: See note following RCW 36.01.010. 85.38.200 Annexation of contiguous territory—Procedures. (1) Territory that is contiguously located to a special district may be annexed by the special district as provided in this section under the petition and election, resolution and election, or direct petition method of annexation. (2) An annexation under the election method may be initiated by the filing of a petition requesting the action that is signed by at least ten owners of property in the area proposed to be annexed or the adoption of a resolution requesting such action by the governing body of the special district. The petitions shall be filed with the governing body of the special district that is requested to annex the territory. An election to authorize an annexation initiated under the petition and election method may be held only if the governing body approves the annexation. An annexation under either election method shall be authorized if the voters of the area proposed to be annexed approve a ballot proposition favoring the annexation by a simple majority vote. The annexation shall be effective when results of an election so favoring the annexation are certified by the county auditor or auditors. The election, notice of the election, and eligibility to vote at the election shall be as provided for the creation of a special district. (3) An annexation under the direct petition method of annexation may be accomplished if the owners of a majority of the acreage proposed to be annexed sign a petition requesting the annexation, and the governing body of the special district approves the annexation. The petition shall be filed with the governing body of the special district. The annexation shall be effective when the governing body approves the annexation. (4) Whenever a special district annexes territory under this section, the exclusive method by which the special dis85.38.200 [Title 85 RCW—page 75] 85.38.210 Title 85 RCW: Diking and Drainage trict measures and imposes special assessments upon real property within the entire enlarged area shall be as set forth in RCW 85.38.150 through 85.38.170. [1986 c 278 § 8.] Severability—1986 c 278: See note following RCW 36.01.010. 85.38.210 85.38.210 Consolidation of contiguous districts— Procedures. Two or more special districts that are contiguously located with each other, or which occupy all or part of the same territory, may consolidate as provided in this section. The consolidation shall result in the creation of a flood control district. A consolidation may be initiated by: (1) The filing of a petition requesting the action that is signed by eligible voters of each special district who constitute at least ten percent of the eligible voters of the special district, or who own at least a majority of the acreage in the special district; or (2) the adoption of a resolution requesting such action by the governing body of each special district. The petitions shall be filed with, and the resolutions shall be submitted to, the county legislative authority of the county within which all or the largest portion of the special districts is located. The auditor of the county, or auditors of the counties, within which these districts are located shall authenticate the signatures on the petitions and certify the results. An election to authorize the consolidation shall be held not more than one hundred eighty days after the date of the filing of the resolutions, or the determination that sufficient valid signatures are included on the petition from the voters of each of the special districts. The consolidation shall be authorized if voters in each of the special districts approve a ballot proposition favoring the consolidation by a simple majority vote. Members of the governing body of the consolidated special district shall be selected as provided in RCW 85.38.070 for a newly created special district and the consolidation shall be effective when these initial members of the governing body are so appointed. All moneys, rights, property, assets and liabilities of the consolidating special districts shall vest in and become the obligation of the new consolidated special district, except that any indebtedness of a consolidating special district shall remain an indebtedness of the original consolidating special district and lands within the original consolidating special district. The governing body of the new consolidated special district shall impose special assessments on lands in the original consolidating special district to redeem this indebtedness. However, the new consolidated special district may issue funding or refunding bonds or notes and fund or refund such indebtedness. The new consolidated special district may continue imposing special assessments pursuant to the various systems of assessment used by the original consolidating special districts, or may establish a new system or systems of assessment in all or part of the new consolidated special district to finance its operations. [1986 c 278 § 9.] Severability—1986 c 278: See note following RCW 36.01.010. 85.38.213 85.38.213 Withdrawal of area within city or town. A special district may withdraw area from its boundaries that is located within the boundaries of a city or town, or area that includes area both within and adjacent to the boundaries of any city or town, under this section. [Title 85 RCW—page 76] (1) The withdrawal of area is authorized upon the following conditions being met: (a) Adoption of a resolution by the special district requesting withdrawal of the area from the district; (b) adoption of a resolution by the city or town council approving the withdrawal of the special district from the area; (c) assumption by the city or town of full responsibility for the maintenance, improvements, and collection of payment for the operation of the system previously operated by the special district in the area; (d) transfer by the special district of all rights-of-way or easements in the area to the city or town by quit claim or deed; and (e) adoption of an interlocal agreement between the special district and the city or town that reimburses the special district for lost assessment revenue from the withdrawn area, that transfers any facilities or improvements owned by the special district to the city or town as agreed between the parties, and that requires the city or town to maintain existing water run-off and water quality levels in the area. (2) Property in the territory withdrawn from the boundaries of a special district under this section shall remain liable for any special assessments of the special district from which it was withdrawn, if the special assessments are associated with bonds or notes used to finance facilities serving the property, to the same extent as if the withdrawal of property had not occurred. [1993 c 464 § 2.] 85.38.215 Transfer of territory from one special district to another. Territory that is located in one special district may be transferred from that special district to another special district as provided in this section, if a portion of this territory is coterminous with a portion of the boundaries of the special district to which it is transferred. Such a transfer shall be accomplished using the procedures in RCW 85.38.200 for annexing territory, except that the governing body of both special districts must approve the transfer and make findings that the transfer is in the public interest and that the special district to which the territory is transferred is better able to provide the activities and facilities serving the territory than the special district from which the territory is transferred. Property in the territory so transferred shall remain liable for any special assessments of the special district from which it was transferred, if the special assessments are associated with bonds or notes used to finance facilities serving the property, to the same extent as if the transfer had not occurred. A transfer of territory also may include the transfer of property, facilities, and improvements owned by one special district to the other special district, with or without consideration being paid. [1987 c 298 § 1.] 85.38.215 85.38.217 Drainage and drainage improvement districts—Removal of area by first-class city—Notice. Any portion of a drainage district or drainage improvement district located within the boundaries of a first-class city operating a storm drain utility pursuant to RCW 35.67.030 may be removed from the drainage district or drainage improvement district by ordinance of the city. The removal of an area shall not result in the impairment of any contract nor remove the liability or obligation to finance district improvements that 85.38.217 (2008 Ed.) Special District Creation and Operation serve the area so removed as of the effective date of the ordinance. Residents of the district to be removed shall be given substantial notice of the impending action and the opportunity to respond to the action. [1991 c 28 § 3.] 85.38.220 85.38.220 Suspension of operations—Procedure— Reactivation. Any special district may have its operations suspended as provided in this section. The process of suspending a special district’s operations may be initiated by: (1) The adoption of a resolution proposing such action by the governing body of the special district; (2) the filing of a petition proposing such action with the county legislative authority of the county in which all or the largest portion of the special district is located, which petition is signed by voters of the special district who own at least ten percent of the acreage in the special district or is signed by ten or more voters of the special district; or (3) the adoption of a resolution proposing such action by the county legislative authority of the county in which all or the largest portion of the special district is located. A public hearing on the proposed action shall be held by the county legislative authority at which it shall inquire into whether such action is in the public interest. Notice of the public hearing shall be published in a newspaper of general circulation in the special district, posted in at least four locations in the special district to attract the attention of the public, and mailed to the members of the governing body of the special district, if there are any. After the public hearing, the county legislative authority may adopt a resolution suspending the operations of the special district if it finds such suspension to be in the public interest, and shall provide a copy of the resolution to the county treasurer. When a special district is located in more than one county, the legislative authority of each of such counties must so act before the operations of the special district are suspended. After holding a public hearing on the proposed reactivation of a special district that has had its operations suspended, the legislative authority or authorities of the county or counties in which the special district is located may reactivate the special district by adopting a resolution finding such action to be in the public interest. Notice of the public hearing shall be posted and published as provided for the public hearing on a proposed suspension of a special district’s operations. The governing body of a reactivated special district shall be appointed as in a newly created special district. No special district that owns drainage or flood control improvements may be suspended unless the legislative authority of a county accepts responsibility for operation and maintenance of the improvements during the suspension period. [2001 c 299 § 20; 1986 c 278 § 10.] Severability—1986 c 278: See note following RCW 36.01.010. 85.38.225 85.38.225 Alternative dissolution procedure—Drainage and drainage improvement districts—Conditions. As an alternative to this chapter a drainage district or drainage improvement district located within the boundaries of a county storm drainage and surface water management utility, and which is not currently imposing assessments, may be dissolved by ordinance of the county legislative authority. If the (2008 Ed.) 85.38.240 alternative dissolution procedure in this section is used the following shall apply: (1) The county storm drainage and surface water management utility shall assume responsibility for payment or settlement of outstanding debts of the dissolved drainage district or drainage improvement district, and shall notify the county treasurer at such time of the assumption of responsibility. (2) All assets, including money, funds, improvements, or property, real or personal, shall become assets of the county in which the dissolved drainage district or drainage improvement district was located. (3) Notwithstanding RCW 85.38.220, the county storm drainage and surface water management utility may determine how to best manage, operate, maintain, improve, exchange, sell, or otherwise dispose of all property, real and personal, of the dissolved drainage district or drainage improvement district, and may determine to modify, cease the operation of, and/or remove any or all facilities or improvements to real property of the dissolved drainage district or drainage improvement district. [2001 c 299 § 21; 1991 c 28 § 2.] 85.38.230 Special assessment bonds authorized. A special district may issue special assessment bonds or notes to finance costs related to providing, improving, expanding, or enlarging improvements and facilities if the county legislative authority within which all or the major part of the special district is located authorizes the issuance of such bonds or notes. The decision of a county legislative authority authorizing or failing to authorize a proposed issue of special assessment bonds or notes constitutes a discretionary function, and shall not give rise to a cause of action against the county, county legislative authority, or any member of the county legislative authority. [1986 c 278 § 18.] 85.38.230 Severability—1986 c 278: See note following RCW 36.01.010. 85.38.240 Special assessment bonds—Issuance— Terms. (1) Special assessment bonds and notes issued by special districts shall be issued and sold in accordance with chapter 39.46 RCW, except as otherwise provided in this chapter. The maximum term of any special assessment bond issued by a special district shall be twenty years. The maximum term of any special assessment note issued by a special district shall be five years. (2) The governing body of a special district issuing special assessment bonds or notes shall create a special fund or funds, or use an existing special fund or funds, from which, along with any special assessment bond guaranty fund the special district has created, the principal of and interest on the bonds or notes exclusively are payable. (3) The governing body of a special district may provide such covenants as it may deem necessary to secure the payment of the principal of and interest on special assessment bonds or notes, and premiums on special assessment bonds or notes, if any. Such covenants may include, but are not limited to, depositing certain special assessments into a special fund or funds, and establishing, maintaining, and collecting special assessments which are to be placed into the special fund or funds. The special assessments covenanted to be placed 85.38.240 [Title 85 RCW—page 77] 85.38.250 Title 85 RCW: Diking and Drainage into such a special fund or funds after June 11, 1986, only may include all or part of the new system of special assessments imposed for such purposes, pursuant to RCW 85.38.150 and 85.38.160. Special assessment bonds or notes issued after July 26, 1987, may not be payable from special assessments imposed under authorities other than those provided in chapter 85.38 RCW. (4) A special assessment bond or note issued by a special district shall not constitute an indebtedness of the state, either general or special, nor of the county, either general or special, within which all or any part of the special district is located. A special assessment bond or note shall not constitute a general indebtedness of the special district issuing the bond or note, but is a special obligation of the special district and the interest on and principal of the bond or note shall be payable only from special assessments covenanted to be placed into the special fund or funds, and any special assessment bond guaranty fund the special district has created. The owner of a special assessment bond or note, or the owner of an interest coupon, shall not have any claim for the payment thereof against the special district arising from the special assessment bond or note, or interest coupon, except for payment from the special fund or funds, the special assessments covenanted to be placed into the special fund or funds, and any special assessment bond guaranty fund the special district has created. The owner of a special assessment bond or note, or the owner of an interest coupon, issued by a special district shall not have any claim against the state, or any county within which all or part of the special district is located, arising from the special assessment bond, note, or interest coupon. The special district issuing the special assessment bond or note shall not be liable to the owner of any special assessment bond or note, or owner of any interest coupon, for any loss occurring in the lawful operation of its special assessment bond guaranty fund. The substance of the limitations included in this subsection shall be plainly printed, written, engraved, or reproduced on: (a) Each special assessment bond or note that is a physical instrument; (b) the official notice of sale; and (c) each official statement associated with the bonds or notes. [1987 c 298 § 5; 1986 c 278 § 19.] 85.38.270 Special assessment bonds issued prior to July 1, 1986. Special assessment bonds or notes issued by a special district prior to July 1, 1986, shall continue to be retired and be subject to the laws under which they were issued. [1986 c 278 § 22.] 85.38.270 Severability—1986 c 278: See note following RCW 36.01.010. 85.38.280 Cooperative watershed management. In addition to the authority provided throughout this title, diking, drainage, sewerage improvement, and similar districts organized pursuant to this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management. [2003 c 327 § 17.] 85.38.280 Finding—Intent—2003 c 327: See note following RCW 39.34.190. 85.38.900 Severability—1985 c 396. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1985 c 396 § 88.] 85.38.900 Severability—1986 c 278: See note following RCW 36.01.010. 85.38.250 Special assessment bonds—Guaranty fund. The governing body of a special district issuing special assessment bonds or notes may create and pay money into a special assessment bond guaranty fund to guaranty special assessment bonds and notes issued by the special district. A portion of the special assessments collected by a special district may be placed into its special assessment bond guaranty fund. [1986 c 278 § 20.] 85.38.250 Severability—1986 c 278: See note following RCW 36.01.010. 85.38.260 Special assessment bonds—Refunding. A special district may issue funding or refunding special assessment bonds or notes to refund outstanding bonds or notes. Such funding or refunding bonds or notes shall be subject to the provisions of law governing other special assessment bonds or notes. [1986 c 278 § 21.] 85.38.260 Severability—1986 c 278: See note following RCW 36.01.010. [Title 85 RCW—page 78] (2008 Ed.) Title 86 Chapters 86.05 86.09 86.12 86.13 86.15 86.16 86.18 86.24 86.26 Title 86 FLOOD CONTROL Flood control districts—1935 act. Flood control districts—1937 act. Flood control by counties. Flood control by counties jointly. Flood control zone districts. Floodplain management. Flood control contributions. Flood control by state in cooperation with federal agencies, etc. State participation in flood control maintenance. Assessments and charges against public lands: Chapter 79.44 RCW. Authority of cities and towns to contract for dikes, levies, etc.: RCW 35.21.090. Bridges, obstructions in navigable waters: Chapter 88.28 RCW. Construction projects in state waters: Chapter 77.55 RCW. Conveyance of real property by public bodies—Recording: RCW 65.08.095. County roads and bridges: Chapter 36.81 RCW. Diking and drainage: Title 85 RCW. Draining lowlands by cities and towns: Chapter 35.56 RCW. Easements over state lands: Chapter 79.36 RCW. Elections: Title 29A RCW. Facilitating recovery from Mt. St. Helens eruption scope of local government action: RCW 36.01.150. scope of state agency action: RCW 43.01.210. Flood control bonds legal investment for mutual savings bank: RCW 32.20.110. Harbors, tidelands, tidewaters: State Constitution Art. 15 § 1 (Amendment 15), Art. 17. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180, 41.04.190. Irrigation districts: Title 87 RCW. Lien for labor and materials on public works: Chapter 60.28 RCW. Limitation of actions, special assessments: RCW 4.16.030. Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93 RCW. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Metropolitan municipal corporations: Chapter 35.58 RCW. Planning enabling act: Chapter 36.70 RCW. Port districts: Title 53 RCW. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Reclamation districts: Title 89 RCW. River and harbor improvements: Chapter 88.32 RCW. Safeguarding open canals and ditches: RCW 35.43.040, 35.44.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480, 87.03.526. Soil and water conservation districts: Chapter 89.08 RCW. Special election in cities, towns or districts to fill unexpired term: RCW 29A.52.240. Special purpose districts, expenditures to recruit job candidates: RCW 42.24.170. (2008 Ed.) State reclamation act: Chapter 89.16 RCW. Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages: Chapter 4.96 RCW. United States reclamation areas: Chapter 89.12 RCW. Water rights: Title 90 RCW. Waterways: Title 91 RCW. Weather modification and control: Chapter 43.37 RCW. Chapter 86.05 RCW FLOOD CONTROL DISTRICTS—1935 ACT Chapter 86.05 Sections 86.05.920 Repeal of RCW 86.05.010 through 86.05.910—Saving— Option to conform to chapter 86.09 RCW—Validation. 86.05.920 Repeal of RCW 86.05.010 through 86.05.910—Saving—Option to conform to chapter 86.09 RCW—Validation. Sections 1 through 79, chapter 160, Laws of 1935, section 1, chapter 82, Laws of 1949, section 1, chapter 20, Laws of 1953 and RCW 86.05.010 through 86.05.910 are each repealed: PROVIDED, That districts heretofore established pursuant to said laws may continue to be operated and maintained as provided therein (except that the tort liability immunity provided for in section 32, chapter 160, Laws of 1935 and RCW 86.05.320 shall no longer apply); or may take such action as may be required to conform to the provisions of chapter 72, Laws of 1937 and chapter 86.09 RCW regulating the maintenance and operation of flood control districts to the same extent and to the same effect as if originally organized under said act: PROVIDED FURTHER, That the organization of such districts and the validation of indebtedness heretofore incurred and the limitations upon indebtedness incurred after the effective date of this 1970 amendatory act shall be governed as follows: (1) Each and all of the flood control districts heretofore organized and established under sections 1 through 79, chapter 160, Laws of 1935, section 1, chapter 82, Laws of 1949, section 1, chapter 20, Laws of 1953 and RCW 86.05.010 through 86.05.910 are hereby validated and declared to be duly existing flood control districts having their respective boundaries as set forth in their organization proceedings as shown by the files in the offices of the auditors of each of the counties affected; (2) All debts, contracts, and obligations heretofore made by or in favor of, and all bonds or other obligations heretofore executed in connection with or in pursuance of attempted organization, and all other things and proceedings heretofore done or taken by any flood control district heretofore established, operated and maintained under sections 1 through 79, chapter 160, Laws of 1935, section 1, chapter 82, Laws of 1949, section 1, chapter 20, Laws of 1953 and RCW 86.05.010 through 86.05.910 are hereby declared legal and 86.05.920 [Title 86 RCW—page 1] Chapter 86.09 Title 86 RCW: Flood Control valid and of full force and effect until such are fully satisfied and/or discharged. (3) The limitation upon indebtedness prescribed in repealed section RCW 86.05.380 to an amount not exceeding one and one-half percent of the taxable property in such district without the assent of three-fifths of the voters therein and three percent of such property with such assent shall henceforth be to an amount not exceeding three-fourths of one percent of the value of the taxable property in such district without the assent of three-fifths of the voters therein and one and one-half percent of such property with such assent. The limitation upon indebtedness referred to in repealed section RCW 86.05.720 of one and one-half percent of the taxable property in such district shall henceforth be three-fourths of one percent of the value of the taxable property in such district. The term "value of the taxable property" as used in this paragraph shall have the meaning set forth in RCW 39.36.015. [1970 ex.s. c 42 § 40; 1967 c 164 § 8; 1965 c 26 § 16.] Severability—1970 ex.s. c 42: See note following RCW 39.36.015. Effective date—1970 ex.s. c 42: The effective date of the 1970 amendment to this section is November 1, 1970, see note following RCW 39.36.015. Purpose—Severability—1967 c 164: See notes following RCW 4.96.010. Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages: Chapter 4.96 RCW. 86.09.232 86.09.235 86.09.259 86.09.265 86.09.268 86.09.271 86.09.274 86.09.277 86.09.280 86.09.283 86.09.286 86.09.292 86.09.301 86.09.304 86.09.307 86.09.310 86.09.313 86.09.319 86.09.322 86.09.325 86.09.328 86.09.377 86.09.379 86.09.380 86.09.382 86.09.385 86.09.388 86.09.391 Chapter 86.09 RCW FLOOD CONTROL DISTRICTS—1937 ACT Chapter 86.09 Sections 86.09.001 86.09.004 86.09.010 86.09.013 86.09.016 86.09.019 86.09.020 86.09.148 86.09.151 86.09.152 86.09.154 86.09.157 86.09.160 86.09.163 86.09.166 86.09.169 86.09.172 86.09.175 86.09.178 86.09.181 86.09.196 86.09.202 86.09.205 86.09.208 86.09.211 86.09.214 86.09.217 86.09.220 86.09.223 86.09.226 86.09.229 86.09.394 86.09.397 86.09.400 Districts authorized—Purpose. Districts to provide control of water—Territory includable— Powers of district wholly within city or town. Authorized purposes. State school or other public lands includable. Interest in public lands considered as private property—State or public title not affected. Federal lands includable. Certain powers and rights governed by chapter 85.38 RCW. District’s corporate powers. General powers of districts. Exemption of farm and agricultural land from special benefit assessments. Sale, lease, use of water by district. Special assessment bonds authorized—Payment from income. Power of district to act for United States. Contracts with United States or state—Supervision of works. Contracts with United States or state—Control, management of works—Contribution of funds. Contracts with United States or state—Bonds as security— Annual assessment and levy. Contracts with United States or state—When submission to electors required. Installment contracts—Approval. Construction contracts—Public bids, procedure. Contractor’s bond. Construction in parts or units—Liability for assessment. Eminent domain—Authorized. Eminent domain—Procedure. Eminent domain—Consolidation of actions—Separate verdicts. Eminent domain—Damages, how determined—Judgment when damages exceed benefits. Eminent domain—Judgment, when benefits equal or exceed damages. Eminent domain—Right to levy on other land not affected. Eminent domain—Unpaid damages to be applied in satisfaction of levies—Deficiency assessments. Eminent domain—Title and estate acquired. Right of entry to make surveys and locate works. Crossing road or public utility—Notice, plan, cost, etc. [Title 86 RCW—page 2] 86.09.403 86.09.406 86.09.409 86.09.412 86.09.415 86.09.418 86.09.421 86.09.424 86.09.427 86.09.430 86.09.433 86.09.439 86.09.442 86.09.445 86.09.448 86.09.451 86.09.454 86.09.457 86.09.460 86.09.463 86.09.466 86.09.469 86.09.472 86.09.475 86.09.478 86.09.481 86.09.484 Right-of-way on state land, exception. Power to construct works inside or outside of district. Board of directors—Number—Officers. Board of directors—Quorum—Majority vote required. Board of directors—Powers and duties. Board of directors—Location of district office—Change of location. Board of directors—Meetings—Change of date. Board of directors—Special meetings—When notice required—Authorized business. Board of directors—Meetings and records public—Printing of bylaws and rules. Board of directors—Compensation and expenses of members and employees. Board of directors—Personal interest in contracts prohibited—Penalty—Officer may be employed. Board of directors—Chairman of county commissioners may act when quorum not present. Board of directors—Oath. Bond of officer or employee handling funds. Bonds—Cost charged to district. Delivery of property to successor. Nearest county treasurer as ex officio district treasurer. Treasurer’s liability. County treasurers to collect and remit assessments. Disbursement of funds by district treasurer. Monthly report by district treasurer. Voting rights. Elections—Informality not fatal. Special assessments—Budgets—Alternative methods. Assessments—Presumption that land benefited by class— Benefit ratio basis of assessment. Assessments—Base map of lands within the district. Assessments—Appointment of appraisers—Determination of benefit ratios. Assessments—Appraisers’ board, chairman and secretary— Compensation and expenses. Assessments—Classification of lands according to benefits— Factors considered. Assessments—Classification of lands by appraisers—Classes described. Assessments—Percentage of benefits to lands as classed— Relative ratios. Assessments—Surveys, investigations to determine classification and benefits. Assessments—Permanency of ratios of benefits as fixed. Assessments—Alternative method of determining benefit ratios. Assessments—Alternative method, percentage shall fix the class. Assessments—Determining relative values—General tax rolls. Assessments—Revision of benefit classification—Appointment of reappraisers—Effect of reexamination. Assessments—Descriptions of lands as appraised and classified—Map and filing thereof. Assessments—Hearing on objections to assessment ratios— Time—Place. Assessments—Notice of hearing, publication. Assessments—Contents of notice of hearing. Assessments—Conduct of hearing—Order. Assessments—Conclusiveness of base assessment map. Assessments—Copies of base assessment map to be filed with county assessors. Assessments—Levies to be made according to base assessment map. Assessments—Appeal to courts. Assessments—Notice of appeal. Assessments—Appeal—Stay bond, when required. Assessments—Civil practice to apply—Costs, liability of district. Assessments—Appeal from superior to supreme court. Assessments—County legislative authority’s determination deemed prima facie correct on appeal. Assessments—District budget—Approval—Basis for assessment roll. Assessments—Assessment roll, contents—Headings. Assessments—Margin for anticipated delinquencies. Assessments—How calculated. Assessments—Omitted property may be back-assessed. Assessments—Lands in more than one county. Equalization of assessments—Notice and time for meeting of board of equalization. (2008 Ed.) Flood Control Districts—1937 Act 86.09.487 86.09.489 86.09.490 86.09.493 86.09.496 86.09.499 86.09.502 86.09.505 86.09.508 86.09.511 86.09.514 86.09.517 86.09.520 86.09.523 86.09.526 86.09.529 86.09.532 86.09.535 86.09.538 86.09.541 86.09.544 86.09.547 86.09.550 86.09.553 86.09.556 86.09.559 86.09.562 86.09.565 86.09.592 86.09.595 86.09.598 86.09.601 86.09.616 86.09.619 86.09.621 86.09.622 86.09.625 86.09.627 86.09.700 86.09.703 86.09.710 86.09.720 86.09.900 86.09.910 86.09.920 86.09.930 Equalization of assessments—Meeting of directors as board, length of time—Completion of roll. Levy where total assessment less than two dollars. Assessment lien—Priority. Payment of assessment—Date of delinquency—Notice to pay—Assessment book—Statements. Delinquency list—Posting and publication. Sale for delinquent assessments—Postponement. Sale for delinquent assessments—How conducted—Certificate of sale—District as purchaser—Fee. Sale for delinquent assessments—Entries in assessment book—Book open to inspection—Lien vested in purchaser. Sale for delinquent assessments—Redemption, when and how made. Sale for delinquent assessments—Entry of redemption—Deed on demand if not redeemed in two years—Fee. Sale for delinquent assessments—Effect and validity of deed. Sale for delinquent assessments—Mistake, misnomer does not affect sale. District lands exempt from general taxes—Leasing, application of proceeds. Liability of city, town or subdivision for benefits to roads, streets, or sewer systems. Liability of public and private lands for benefits. Assessment payment by city, county, subdivision—Payment by state for highway benefit. District funds—Created. District funds—Expense fund—Composition—Use. District funds—Surplus fund—Composition—Use. District funds—Suspense fund—Composition—Use. District funds—General bond fund—Composition—Use. District funds—Utility bond fund—Composition—Use. District funds—Contract fund—Composition—Use. District funds—Custody and disbursement. Claims against district. Claims against district—For administrative expenses, cost, maintenance—Payroll. District funds paid by warrant—Exception. Warrants paid in order of issuance. Utility revenue bonds—Authorized. Utility revenue bonds—Limited obligation—Payment from special fund. Utility revenue bonds—Form, terms, interest, etc. Utility revenue bonds—Election to authorize. Utility revenue bonds and coupons—Order of payment— When funds deficient. District directors to make provision for payment—Procedure on failure of directors. Special assessment bonds. Dissolution of districts—Procedure. Dissolution of districts—When complete. Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years. Revision of district—Petition. Revision of district—Establishment of revised district— Review of benefits—Liability of original district—Segregation of funds. Annexation of territory—Consolidation of special districts— Suspension of operations—Reactivation. Cooperative watershed management. Other statutes preserved. Chapter supplemental to other acts. Chapter liberally construed. Severability—1937 c 72. 86.09.020 or town. Such flood control districts shall be organized to provide for the ultimate necessary control of the entire part, or all, of the stream system of any stream or tributary, or for the protection against tidal or any bodies of water, within this state and may include all or part of the territory of any county and may combine the territory in two or more such counties, in which any of the lands benefited from the organization and maintenance of a flood control district are situated. A district established wholly within the boundaries of any city or town may also provide for the collection, control, and safe and suitable conveyance over and across the district, of intermittent surface and drainage water, originating within or without its boundaries, to suitable and adequate outlets. [1965 c 26 § 1; 1937 c 72 § 2; RRS § 9663E-2. Formerly RCW 86.08.005, part.] 86.09.010 Authorized purposes. Such flood control districts may be organized or maintained for any, or all, the following general purposes: (1) The investigation, planning, construction, improvement, replacement, repair or acquisition of dams, dikes, levees, ditches, channels, canals, banks, revetments and other works, appliances, machinery and equipment and property and rights connected therewith or incidental thereto, convenient and necessary to control floods and lessen their danger and damages. (2) The cooperation with any agency or agencies of the United States and/or of the state of Washington in investigating and controlling floods and in lessening flood dangers and damages. [1937 c 72 § 4; RRS § 9663E-4. Formerly RCW 86.08.005, part.] 86.09.010 86.09.013 State school or other public lands includable. State granted school or other public lands of the state of Washington may be included within such flood control districts. [1937 c 72 § 5; RRS § 9663E-5. Formerly RCW 86.08.010, part.] 86.09.013 86.09.016 Interest in public lands considered as private property—State or public title not affected. All leases, contracts or other form of holding any interest in any state or public land shall be treated as the private property of the lessee or owner of the contractual or possessory interest therein: PROVIDED, That nothing in this chapter or in any proceeding authorized thereunder shall be construed to affect the title of the state or other public ownership. [1937 c 72 § 6; RRS § 9663E-6. Formerly RCW 86.08.010, part.] 86.09.016 Deferral of special assessments: Chapter 84.38 RCW. Special district creation and operation: Chapter 85.38 RCW. 86.09.001 Districts authorized—Purpose. Flood control districts may be created and maintained in this state, as herein provided, for the protection of life and property, the preservation of the public health and the conservation and development of the natural resources of the state of Washington. [1937 c 72 § 1; RRS § 9663E-1. Formerly RCW 86.08.005, part.] 86.09.001 86.09.004 Districts to provide control of water—Territory includable—Powers of district wholly within city 86.09.004 (2008 Ed.) 86.09.019 Federal lands includable. Lands of the federal government may be included within such districts in the manner and subject to the conditions, now or hereafter specified in the statutes of the United States. [1937 c 72 § 7; RRS § 9663E-7. Formerly RCW 86.08.010, part.] 86.09.019 86.09.020 Certain powers and rights governed by chapter 85.38 RCW. Flood control districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 36.] 86.09.020 Severability—1985 c 396: See RCW 85.38.900. [Title 86 RCW—page 3] 86.09.148 Title 86 RCW: Flood Control 86.09.148 District’s corporate powers. A flood control district created under this chapter shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all powers that may now or hereafter be conferred by law. [1967 c 164 § 9; 1937 c 72 § 50; RRS § 9663E-50. Formerly RCW 86.08.260, part.] 86.09.148 Purpose—Severability—1967 c 164: See notes following RCW 4.96.010. Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages: Chapter 4.96 RCW. 86.09.151 General powers of districts. (1) Said flood control districts shall have full authority to carry out the objects of their creation and to that end are authorized to acquire, purchase, hold, lease, manage, improve, repair, occupy, and sell real and personal property or any interest therein, either inside or outside the boundaries of the district, to enter into and perform any and all necessary contracts, to appoint and employ the necessary officers, agents and employees, to sue and be sued, to exercise the right of eminent domain, to levy and enforce the collection of special assessments and in the manner herein provided against the lands within the district, for district revenues, and to do any and all lawful acts required and expedient to carry out the purpose of this chapter. (2) In addition to the powers conferred in this chapter and those in chapter 85.38 RCW, flood control districts may engage in activities authorized under RCW 36.61.020 for lake or beach management districts using procedures granted in this chapter and in chapter 85.38 RCW. [2008 c 301 § 27; 1986 c 278 § 52; 1937 c 72 § 51; RRS § 9663E-51. Formerly RCW 86.08.260, part.] 86.09.151 Severability—1986 c 278: See note following RCW 36.01.010. 86.09.152 Exemption of farm and agricultural land from special benefit assessments. See RCW 84.34.300 through 84.34.380 and 84.34.922. 86.09.152 86.09.154 Sale, lease, use of water by district. Duly created flood control districts, when maintaining and operating flood control works, shall have authority incidental thereto to lease, acquire, construct, operate and maintain appropriate instrumentalities for the use and sale or lease of water for any and all beneficial purposes and for the drainage, diking, or irrigation of lands upon the payment to the district of the reasonable cost of such service on a semiannual or monthly toll basis. [1937 c 72 § 52; RRS § 9663E-52. Formerly RCW 86.08.260, part.] 86.09.154 86.09.157 Special assessment bonds authorized— Payment from income. Said flood control districts shall also have authority to issue and sell special assessment bonds or notes of the district in accordance with chapter 85.38 RCW. [1986 c 278 § 40; 1937 c 72 § 53; RRS § 9663E-53. Formerly RCW 86.08.790, part.] 86.09.157 Severability—1986 c 278: See note following RCW 36.01.010. 86.09.160 Power of district to act for United States. Flood control districts created under the provisions of this chapter shall have authority to act as fiscal agent or other 86.09.160 [Title 86 RCW—page 4] authority for the United States to make collections of money for or on behalf of the United States or any federal agency thereof in connection with the operations of said district, whereupon said district and the county treasurer for said district shall be authorized to act and to assume the duties and liabilities incident to such action and the district board shall have full power to do any and all things required by any statute now or hereafter enacted in connection therewith and to do all things required by the rules and regulations now or that may hereafter be established by any department or agency of the state or federal government in regard thereto. [1937 c 72 § 54; RRS § 9663E-54. Formerly RCW 86.08.260, part.] 86.09.163 86.09.163 Contracts with United States or state— Supervision of works. The district board shall have authority to enter into any obligation or contract authorized by law with the United States or with the state of Washington for the supervision of the construction, for the construction, reconstruction, betterment, extension, purchase, operation or maintenance of the necessary works for the control of floods or for any other service furthering the objects for which said flood control district is created under the provisions of the law of the state of Washington or of the United States and all amendments or extensions thereof and the rules and regulations established thereunder. [1937 c 72 § 55; RRS § 9663E55. Formerly RCW 86.08.260, part.] 86.09.166 86.09.166 Contracts with United States or state— Control, management of works—Contribution of funds. Flood control districts created under this chapter shall have authority to enter into contracts with, and/or contribute funds to, the United States or any agency thereof, or with, and/or contribute funds to, the state of Washington, under any act of congress or of the state of Washington now in force or hereafter enacted for the assumption of the control and management of the works for such period as may be designated in the contract, or other cooperative arrangement. [1937 c 72 § 56; RRS § 9663E-56. Formerly RCW 86.08.270, part.] 86.09.169 86.09.169 Contracts with United States or state— Bonds as security—Annual assessment and levy. In case a contract has been or shall be hereafter made between the district and the United States, or any agency thereof, or with the state of Washington, as herein provided, bonds of the district may be deposited with the United States, or any agency thereof, or with the state of Washington, as payment or as security for future payment at not less than ninety percent of the par value, the interest on said bonds to be provided for by assessment and levy as in the case of bonds of the district sold to private persons and regularly paid to the United States, or any agency thereof, or to the state of Washington, to be applied as provided in such contract and if bonds of the district are not so deposited it shall be the duty of the board of directors to include as part of any levy or assessment against the lands of the district, an amount sufficient to meet each year all payments accruing under the terms of any such contract. [1937 c 72 § 57; RRS § 9663E-57. Formerly RCW 86.08.270, part.] (2008 Ed.) Flood Control Districts—1937 Act 86.09.172 86.09.172 Contracts with United States or state— When submission to electors required. No contract, however, requiring the levy of assessments for more than one year shall be entered into by the district as above provided unless a proposition of entering into such a contract shall have first been submitted to the electors of the district as herein provided for the calling, noticing, conducting and canvassing of special district elections, and by said electors approved. [1937 c 72 § 58; RRS § 9663E-58. Formerly RCW 86.08.270, part.] 86.09.211 86.09.196 Construction in parts or units—Liability for assessment. The district shall have authority upon the adoption of a comprehensive plan of flood control with the approval of the state director to provide for the construction of the same partially and in parts or units and all the benefited lands in the district shall be liable for assessment to defray the costs of such partial construction or such parts or units until the entire plan has been completed and fully paid for. [1937 c 72 § 66; RRS § 9663E-66. Formerly RCW 86.08.310.] 86.09.196 86.09.202 Eminent domain—Authorized. The taking and damaging of property or rights therein or thereto by a flood control district to construct an improvement or to fully carry out the purposes of its organization are hereby declared to be for a public use, and any district organized under the provisions of this chapter, shall have and exercise the power of eminent domain to acquire any property or rights therein or thereto either inside or outside the operation of the district and outside the state of Washington, if necessary, for the use of the district. [1937 c 72 § 68; RRS § 9663E-68. Formerly RCW 86.08.260, part.] 86.09.202 86.09.175 86.09.175 Installment contracts—Approval. Contracts entered into by districts for construction or for services or materials, may provide that payments shall be made in such monthly proportion of the contract price, as the board shall determine thereon, as the work progresses, or as the services or materials are furnished, on monthly estimates of the value thereof, approved by the state director. Before the district shall enter into any contract, the plans, specifications and form of contract therefor shall be approved by the state director. [1937 c 72 § 59; RRS § 9663E-59. Formerly RCW 86.08.280, part.] 86.09.178 86.09.178 Construction contracts—Public bids, procedure. Contracts for construction, or for labor or materials entering into the construction of any improvement authorized by the district shall be awarded at public bidding except as herein otherwise provided. A notice calling for sealed proposals shall be published in such newspaper or newspapers of general circulation as the board shall designate for a period of not less than two weeks (three weekly issues) prior to the day of the opening of the bids. Such proposals shall be accompanied by a certified check for such amount as the board shall decide upon, to guarantee a compliance with the bid and shall be opened in public at the time and place designated in the notice. The contract shall be awarded to the lowest and best responsible bidder: PROVIDED, That the board shall have authority to reject any or all bids, in which event they shall readvertise for bids and, when no satisfactory bid is then received and with the written approval of the director, may proceed to construct the works by force account. [1965 c 26 § 2; 1937 c 72 § 60; RRS § 9663E-60. Formerly RCW 86.08.280, part.] 86.09.181 86.09.181 Contractor’s bond. Any person, except the state of Washington and the United States, acting under the provisions of this chapter, to whom or to which a contract may have been awarded by the district for construction purposes, or for labor or materials entering therein when the total amount to be paid therefor exceeds one thousand dollars, shall enter into a bond to the state of Washington, with good and sufficient sureties, to be approved and filed with the state director, for one hundred percent of the contract price, conditioned for the faithful performance of said contract and with such further conditions as may be required by law. [1965 c 26 § 3; 1937 c 72 § 61; RRS § 9663E-61. Formerly RCW 86.08.290, part.] Contractor’s bond: Chapter 39.08 RCW. (2008 Ed.) 86.09.205 Eminent domain—Procedure. Flood control districts exercising the power of eminent domain shall proceed in the name of the district in the manner provided by law for the appropriation of real property or of rights therein or thereto, by private corporations, except as otherwise expressly provided herein. [1937 c 72 § 69; RRS § 9663E69. Formerly RCW 86.08.320, part.] 86.09.205 Eminent domain by private corporations generally: Chapter 8.20 RCW. 86.09.208 Eminent domain—Consolidation of actions—Separate verdicts. The district may at its option unite in a single action proceedings to condemn, for its use, property which is held by separate owners. Two or more condemnation suits instituted separately may also, in the discretion of the court, be consolidated upon motion of any interested party, into a single action. In such cases, the jury shall render separate verdicts for the different tracts of land. [1937 c 72 § 70; RRS § 9663E-70. Formerly RCW 86.08.320, part.] 86.09.208 86.09.211 Eminent domain—Damages, how determined—Judgment when damages exceed benefits. The jury, or court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the property damaged by reason of the improvement for which the land is sought to be condemned, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of special benefits that will accrue. If it shall appear by the verdict of findings, that the gross damages exceed said gross special benefits, judgment shall be entered against the district, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over said benefits, and for the costs of the proceedings, and upon payment of the judgment to the clerk of the court for the owner or owners, a decree of appropriation shall be entered, vesting the title to the property appro86.09.211 [Title 86 RCW—page 5] 86.09.214 Title 86 RCW: Flood Control priated in the district. [1937 c 72 § 71; RRS § 9663E-71. Formerly RCW 86.08.330, part.] 86.09.214 Eminent domain—Judgment, when benefits equal or exceed damages. If it shall appear by the verdict that the gross special benefits equal or exceed the gross damages, judgment shall be entered against the district and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall be entered vesting the title to the property in the district. [1937 c 72 § 72; RRS § 9663E-72. Formerly RCW 86.08.330, part.] 86.09.214 86.09.217 Eminent domain—Right to levy on other land not affected. If the damages found in any condemnation proceedings are to be paid for from funds of the flood control district, no finding of the jury or court as to benefits or damages shall in any manner abridge the right of the district to levy and collect assessments for district purposes against the uncondemned lands situated within the district. [1937 c 72 § 73; RRS § 9663E-73. Formerly RCW 86.08.340, part.] 86.09.217 86.09.220 Eminent domain—Unpaid damages to be applied in satisfaction of levies—Deficiency assessments. The damages thus allowed but not paid shall be applied pro tanto to the satisfaction of the levies made for such construction costs upon the lands on account of which the damages were awarded: PROVIDED, That nothing herein contained shall be construed to prevent the district from assessing the remaining lands of the owner or owners, so damaged, for deficiencies on account of the principal and interest on bonds and for other benefits not considered by the jury in the condemnation proceedings. [1937 c 72 § 74; RRS § 9663E-74. Formerly RCW 86.08.340, part.] 86.09.220 86.09.223 Eminent domain—Title and estate acquired. The title acquired by the district in condemnation proceedings shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation. [1937 c 72 § 75; RRS § 9663E-75. Formerly RCW 86.08.340, part.] 86.09.223 requirement thereof, for the purpose of the system of improvement, and stating a reasonable time, to be fixed by the board, within which plans for such crossing must be filed for approval in case the public officer, corporation or person controlling or owning such road or public utility desire to design and construct such crossing. As soon as convenient, within the time fixed in the notice, the public officers, corporation or person shall, if they desire to construct such crossing, prepare and submit to the board for approval duplicate detailed plans and specifications for such crossing. Upon the return of such approved plans, the public officers, corporation or person controlling such road or public utility shall, within the time fixed by the board, construct such crossing in accordance with the approved plans. In case such public officers, corporation or person controlling or owning such road or public utility shall fail to file plans for such crossing within the time prescribed in the notice, the district board shall proceed with the construction of such crossing in such manner as will cause no unnecessary injury to or interference with such road or public utility. The cost of construction and maintenance of only such crossings or such portion of such cost as would not have been necessary but for the construction of the system of improvement shall be a proper charge against the district, and only the actual cost of such improvement constructed in accordance with the approved plans shall be charged against the district in the case of crossings constructed by others than the district. The amount of costs of construction allowed as a charge against the district shall be credited ratably on the assessments against the property on which the crossing is constructed if chargeable therewith, until the same is fully satisfied. [1965 c 26 § 5; 1937 c 72 § 77; RRS § 9663E-77. Formerly RCW 86.08.360.] 86.09.232 86.09.232 Right-of-way on state land, exception. The right-of-way is hereby given, dedicated and set apart to locate, construct and maintain district works over and through any of the lands which are now or may hereafter be the property of the state of Washington, except lands of said state actually dedicated to public use. [1937 c 72 § 78; RRS § 9663E-78. Formerly RCW 86.08.370, part.] 86.09.235 86.09.226 Right of entry to make surveys and locate works. The district board and its agents and employees shall have the right to enter upon any land, to make surveys and may locate the necessary flood control works and the line for canal or canals, dike or dikes and other instrumentalities and the necessary branches and parts for the same on any lands which may be deemed necessary for such location. [1937 c 72 § 76; RRS § 9663E-76. Formerly RCW 86.08.350.] 86.09.226 86.09.229 Crossing road or public utility—Notice, plan, cost, etc. Whenever in the progress of the construction of the system of district improvement, it shall become necessary to construct a portion of such system across any public or other road or public utility, the district board shall serve notice in writing upon the public officers, corporation or person having charge of or controlling or owning such road or public utility, as the case may be, of the present necessity of such crossing, giving the location, kind, dimensions and 86.09.229 [Title 86 RCW—page 6] 86.09.235 Power to construct works inside or outside of district. Flood control districts organized under the provisions of this chapter shall have authority to construct, operate and maintain any and all necessary flood control works inside and outside the boundaries of the district. [1937 c 72 § 79; RRS § 9663E-79. Formerly RCW 86.08.370, part.] 86.09.259 86.09.259 Board of directors—Number—Officers. A flood control district shall be managed by a board of directors consisting of three members. The initial directors shall be appointed, and the elected directors elected, as provided in chapter 85.38 RCW. The directors shall elect a chairman from their number and shall either elect one of their number, or appoint a voter of the district, as secretary to hold office at its pleasure and who shall keep a record of its proceedings. [1985 c 396 § 58; 1967 c 154 § 7; 1937 c 72 § 87; RRS § 9663E-87. Formerly RCW 86.08.390, part.] Severability—1985 c 396: See RCW 85.38.900. (2008 Ed.) Flood Control Districts—1937 Act Provisions cumulative: "The provisions of this act are cumulative with and shall not amend, repeal or supersede any other powers heretofore or hereafter granted such districts." [1967 c 154 § 5.] 86.09.265 Board of directors—Quorum—Majority vote required. A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board, there shall be a concurrence of at least a majority of the directors. [1937 c 72 § 89; RRS § 9663E-89. Formerly RCW 86.08.205, part.] 86.09.265 86.09.283 order shall be given, by United States mail, at least a three days’ notice of such meeting, unless the same is waived in writing, which notice shall also specify the business to be transacted and the board at such special meeting shall have no authority to transact any business other than that specified in the notice, unless the transaction of any other business is agreed to in writing by all the members of the board. [1937 c 72 § 93; RRS § 9663E-93. Formerly RCW 86.08.205, part.] 86.09.280 86.09.268 Board of directors—Powers and duties. The board shall have the power and it shall be its duty to adopt a seal of the district, to manage and conduct the business affairs of the district, to employ and appoint such agents, engineers, attorneys, officers and employees as may be necessary, and prescribe their duties, to establish reasonable bylaws, rules and regulations for the government and management of affairs of the district, and generally to perform any and all acts necessary to carry out the purpose of the district organization. [1937 c 72 § 90; RRS § 9663E-90. Formerly RCW 86.08.175, part.] 86.09.268 86.09.271 Board of directors—Location of district office—Change of location. The office of the directors and principal place of business of the district shall be located, if possible, at some place within the district to be designated by the board. If a place convenient and suitable for conducting district business and public hearings required by this chapter cannot be found within the district, the office may be located in the county within which the major portion of district lands is situated. The office and place of business cannot thereafter be changed, except with the previous written consent of the county legislative authority of the county within which the major portion of the district is situated, and without passing a resolution to that effect at a previous regular meeting of the board, entered in the minutes thereof and without posting a notice of the change in a conspicuous public place at or near the place of business which is to be changed at least ten days prior thereto and by the previous posting of a copy of the notice for the same length of time at or near the new location of the office. [1985 c 396 § 59; 1965 c 26 § 7; 1937 c 72 § 91; RRS § 9663E-91. Formerly RCW 86.08.200.] 86.09.271 Severability—1985 c 396: See RCW 85.38.900. 86.09.274 Board of directors—Meetings—Change of date. The directors shall hold a regular meeting at their office at least once a year, or more frequently, on the date or dates the board shall designate in their bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business: PROVIDED, That the day of the regular meeting cannot be changed, except in the manner prescribed herein for changing the place of business of the district. [1985 c 396 § 60; 1937 c 72 § 92; RRS § 9663E92. Formerly RCW 86.08.205, part.] 86.09.274 Severability—1985 c 396: See RCW 85.38.900. 86.09.277 Board of directors—Special meetings— When notice required—Authorized business. Special meetings of the board may be called at any time by order of a majority of the directors. Any member not joining in said 86.09.277 (2008 Ed.) 86.09.280 Board of directors—Meetings and records public—Printing of bylaws and rules. All meetings of the directors must be public. All records of the board shall be open for the inspection of any elector of the district during business hours of the day in which any meeting of the board is held. The bylaws, rules and regulations of the board shall be printed in convenient form for distribution in the district. [1937 c 72 § 94; RRS § 9663E-94. Formerly RCW 86.08.205, part, and 86.08.210, part.] Meetings of public officials declared public: Chapter 42.32 RCW. 86.09.283 86.09.283 Board of directors—Compensation and expenses of members and employees. The board of directors may each receive up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the board, or in performance of other official services or duties on behalf of the board. The board shall fix the compensation to be paid to the directors, secretary, and all other agents and employees of the district. Compensation for the directors shall not exceed eight thousand six hundred forty dollars in one calendar year. A director is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the director’s place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW. Any director may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the director’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register [Title 86 RCW—page 7] 86.09.286 Title 86 RCW: Flood Control at least one month before the new dollar threshold is to take effect. A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 12; 1998 c 121 § 13; 1991 c 349 § 24; 1985 c 396 § 61; 1965 c 26 § 8; 1937 c 72 § 95; RRS § 9663E-95. Formerly RCW 86.08.175, part, and 86.08.195, part.] 86.09.304 Bond of officer or employee handling funds. Every district officer or employee handling any district funds shall execute a surety bond payable to the district in the sum of double the estimated amount of funds handled monthly, conditioned that the principal will strictly account for all moneys or credit received by him for the use of the district. Each bond and the amount thereof shall be approved by the county legislative authority of the county within which the major portion of the district is situated, and thereafter filed with the secretary of the district. [1985 c 396 § 63; 1937 c 72 § 102; RRS § 9663E-102. Formerly RCW 86.08.220, part.] 86.09.304 Severability—1985 c 396: See RCW 85.38.900. 86.09.307 Bonds—Cost charged to district. All official bonds executed by district officers under the provisions of this chapter shall be secured at the cost of the district. [1937 c 72 § 103; RRS § 9663E-103. Formerly RCW 86.08.220, part.] 86.09.307 Severability—1985 c 396: See RCW 85.38.900. 86.09.286 Board of directors—Personal interest in co ntracts prohib it ed—Penalty—Off icer may be employed. No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment: PROVIDED, That nothing in this section contained shall be construed to prevent any district officer from being employed by the district as foreman or as a day laborer: PROVIDED FURTHER, That this section shall have no application to any person who is a state employee as defined in RCW 42.52.010. [1994 c 154 § 316; 1969 ex.s. c 234 § 35; 1937 c 72 § 96; RRS § 9663E-96. Formerly RCW 86.08.215.] 86.09.286 Parts and captions not law—Effective date—Severability—1994 c 154: See RCW 42.52.902, 42.52.904, and 42.52.905. Ethics in public service act: Chapter 42.52 RCW. 86.09.292 Board of directors—Chairman of county commissioners may act when quorum not present. In case any member of the district board is absent at the time of any regular monthly meeting of said board, and a quorum of said board cannot be obtained by reason of the absence of said member, it shall be the duty of the chairman of the board of county commissioners of the county in which the office of the district board is located to act in place of said absent member, and the acts of the district board at said meeting shall be valid so far as a quorum is concerned and shall have the same effect as though said absent member were present and acting thereat. [1937 c 72 § 98; RRS § 9663E-98. Formerly RCW 86.08.205, part.] 86.09.292 86.09.301 Board of directors—Oath. Every district officer, upon taking office, shall take and subscribe an official oath for the faithful discharge of the duties of his office during the term of his incumbency. [1985 c 396 § 62; 1937 c 72 § 101; RRS § 9663E-101. Formerly RCW 86.08.195, part.] 86.09.301 Severability—1985 c 396: See RCW 85.38.900. [Title 86 RCW—page 8] 86.09.310 Delivery of property to successor. Every person, upon the expiration or sooner termination of his term of office as an officer of the district, shall immediately turn over and deliver, under oath, to his successor in office, all records, books, papers and other property under his control and belonging to such office. In case of the death of any officer, his legal representative shall turn over and deliver such records, books, papers and other property to the successor in office of such deceased person. [1937 c 72 § 104; RRS § 9663E-104.] 86.09.310 86.09.313 Nearest county treasurer as ex officio district treasurer. The county treasurer of any county in which lands within the flood control district are situated, whose office is nearest distant by public highway to the office of the district board and principal place of business of the district, shall be and is hereby constituted ex officio district treasurer, who shall collect all district assessments and shall keep all district funds required by law. [1937 c 72 § 105; RRS § 9663E-105. Formerly RCW 86.08.225, part.] 86.09.313 86.09.319 Treasurer’s liability. Any county treasurer collecting or handling funds of the district shall be liable upon his official bond and to criminal prosecution for malfeasance, misfeasance or nonfeasance in office relative to any of his duties prescribed herein. [1937 c 72 § 107; RRS § 9663E107. Formerly RCW 86.08.230.] 86.09.319 86.09.322 County treasurers to collect and remit assessments. It shall be the duty of the county treasurer of each county, in which lands included within the operation of the district are located, to collect and receipt for all assessments levied as herein provided, and forward monthly all sums so collected to the ex officio district treasurer who shall place the same to the credit of the proper fund of the district. [1937 c 72 § 108; RRS § 9663E-108. Formerly RCW 86.08.240.] 86.09.322 86.09.325 Disbursement of funds by district treasurer. The ex officio district treasurer shall pay out moneys 86.09.325 (2008 Ed.) Flood Control Districts—1937 Act collected or deposited with him in behalf of the district, or portions thereof, upon warrants issued by the county auditor against the proper funds of the districts, except the sums to be paid out of the bond fund for interest and principal payments on bonds. [1983 c 167 § 201; 1937 c 72 § 109; RRS § 9663E109. Formerly RCW 86.08.250, part.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 86.09.328 Monthly report by district treasurer. The said ex officio district treasurer shall report in writing on or before the fifteenth day of each month to the district board, the amount of money held by him, the amount in each fund, the amount of receipts for the month preceding in each fund, and the amount or amounts paid out of each fund, and said report shall be filed with the secretary of the board. [1937 c 72 § 110; RRS § 9663E-110. Formerly RCW 86.08.250, part.] 86.09.328 86.09.377 Voting rights. Each qualified voter of a flood control district who owns more than ten acres of land within the district shall be entitled to two additional votes for each ten acres or major fraction thereof located within the district, up to a maximum total of forty votes for any voter, or in the case of community property, a maximum total of twenty votes per member of the marital community. [1991 c 349 § 4; 1985 c 396 § 22.] 86.09.377 Severability—1985 c 396: See RCW 85.38.900. 86.09.379 Elections—Informality not fatal. No informality in conducting any election authorized by this chapter shall invalidate the same, if the election shall have been otherwise fairly conducted. [1937 c 72 § 127; RRS § 9663E127. Formerly RCW 86.08.165.] 86.09.394 rized under this chapter, the county legislative authority of the county within which the major portion of the district is situated, soon after the creation of the district, shall cause to be prepared a base map of the lands within the district and deliver the same to the secretary of the district: PROVIDED, That said county legislative authority shall not be required to prepare said base map unless ample appropriation of funds for the purpose has been made. [1985 c 396 § 64; 1965 c 26 § 10; 1937 c 72 § 129; RRS § 9663E-129. Formerly RCW 86.08.420, part.] Severability—1985 c 396: See RCW 85.38.900. 86.09.388 86.09.388 Assessments—Appointment of appraisers—Determination of benefit ratios. Upon receipt of the base map the board of directors of the district shall appoint a board of three appraisers subject to the written approval of the county legislative authority of the county within which the major portion of the district is situated, whose duty it shall be to determine the ratio of benefits which the several tracts of land shall receive with respect to each other from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district. [1985 c 396 § 65; 1965 c 26 § 11; 1937 c 72 § 130; RRS § 9663E-130. Formerly RCW 86.08.420, part, and 86.08.430, part.] Severability—1985 c 396: See RCW 85.38.900. 86.09.379 86.09.380 Special assessments—Budgets—Alternative methods. RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which flood control districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which flood control districts created after July 28, 1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 29.] 86.09.380 Severability—1985 c 396: See RCW 85.38.900. 86.09.382 Assessments—Presumption that land benefited by class—Benefit ratio basis of assessment. It shall be and hereby is presumed that lands within flood control districts organized under the provisions of this chapter, shall be benefited in relation to their respective classes to be determined as herein provided, and that the relative ratios of benefits for said lands arising from their locations in said respective classes shall be the basis upon which the same shall be assessed to raise district revenues for any and all purposes now or hereafter authorized by law. [1937 c 72 § 128; RRS § 9663E-128. Formerly RCW 86.08.450, part.] 86.09.382 86.09.385 Assessments—Base map of lands within the district. As a basis for the levy of all assessments autho86.09.385 (2008 Ed.) 86.09.391 86.09.391 Assessments—Appraisers’ board, chairman and secretary—Compensation and expenses. The board of appraisers shall elect a member as chairman and the secretary of the district or his deputy shall be ex officio secretary of the board of appraisers. The appraisers shall receive such compensation and expenses as the board of directors of the district, with the approval of the county legislative authority of the county within which the major portion of the district is situated, shall determine, and which may forthwith be paid by the issuance of district warrants. [1985 c 396 § 66; 1937 c 72 § 131; RRS § 9663E-131. Formerly RCW 86.08.420, part.] Severability—1985 c 396: See RCW 85.38.900. 86.09.394 86.09.394 Assessments—Classification of lands according to benefits—Factors considered. For the purpose of determining said ratios of benefits, said board of appraisers shall segregate the acreage of the respective lands within the district into such number of classes as in the sole judgment of the members of the board of appraisers shall fairly represent the manifest degrees of benefits, including benefits from better sanitation, easier accessibility, facility of drainage, promotion of land development as well as from minimization of flood damages and from actual flood protection, accruing to the several lands from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district. [1937 c 72 § 132; RRS § 9663E-132. Formerly RCW 86.08.440, part.] [Title 86 RCW—page 9] 86.09.397 Title 86 RCW: Flood Control 86.09.397 Assessments—Classification of lands by appraisers—Classes described. Said board of appraisers shall have full authority and it shall be its duty to segregate and classify the acreage of the lands and subdivisions of the same with respect to their respective relative benefits received and to be received from the organization and operation of the district and the construction and maintenance of the district works in accordance with the comprehensive plan therefor adopted by the directors of the district. Those lands receiving the greatest benefits shall be placed in class No. 1; those lands receiving the next greatest benefits shall be placed in class No. 2, and so on down to the class of the least benefits. Those lands receiving no benefits shall be designated "nonbenefited." [1937 c 72 § 133; RRS § 9663E-133. Formerly RCW 86.08.430, part.] 86.09.397 86.09.400 Assessments—Percentage of benefits to lands as classed—Relative ratios. Said board of appraisers shall have full authority and it shall be its duty to determine the percentage of benefits which the acreage of the lands in each class shall have with respect to the lands in class No. 1. Those lands falling in class No. 1 shall have the ratio or percentage of one hundred and those lands in the other respective classes shall be given such percentages of the lands in class No. 1 as said board of appraisers shall determine. [1937 c 72 § 134; RRS § 9663E-134. Formerly RCW 86.08.430, part.] 86.09.400 86.09.412 86.09.412 Assessments—Alternative method, percentage shall fix the class. In case said alternative method of determining the ratio of benefits is adopted by any such district the percentage given a tract of land shall fix the class to which said tract belongs for assessment purposes. [1937 c 72 § 138; RRS § 9663E-138. Formerly RCW 86.08.460, part.] 86.09.415 86.09.415 Assessments—Determining relative values—General tax rolls. In determining the relative values of such lands, including improvements thereon, the assessed valuation of the same for general tax purposes last equalized shall be construed to be prima facie correct: PROVIDED, That nothing herein contained shall be construed to prevent the fixing of values where none are shown on the general tax roll or the revision of such values on the general tax roll in any instance where in the sole judgment of the revising officers for the district the value for general tax purposes is manifestly and grossly erroneous in its relation to value of like property in the district similarly situated: AND PROVIDED FURTHER, That in any instance where any tract of land is protected or partially protected from floods and is financially supporting the works affording such protection the revising officers for the district shall take the value of such existing flood protection into consideration and give such land equitable credit therefor. [1937 c 72 § 139; RRS § 9663E-139. Formerly RCW 86.08.460, part.] 86.09.418 86.09.403 Assessments—Surveys, investigations to determine classification and benefits. In determining the classification of said lands and their relative percentages of benefits, as herein provided, said board of appraisers shall consider the benefits of every kind accruing to said lands, as aforesaid, and shall make such investigation and surveys of the same as said board of appraisers shall deem necessary. The board of appraisers shall also examine and consider the data and records of the commission which fixed the boundaries of the district. [1937 c 72 § 135; RRS § 9663E-135. Formerly RCW 86.08.440, part.] 86.09.403 86.09.406 Assessments—Permanency of ratios of benefits as fixed. The ratio of percentage determined by said board of appraisers for each class of lands aforesaid shall constitute the ratio of benefits of each acre or fraction thereof in its respective class for all district assessment purposes until changed in the manner herein provided. [1937 c 72 § 136; RRS § 9663E-136. Formerly RCW 86.08.450, part.] 86.09.406 86.09.418 Assessments—Revision of benefit classification—Appointment of reappraisers—Effect of reexamination. Upon completion of the control works of the district or of any unit thereof, the board of directors of the district may, with the written consent of the county legislative authority of the county within which the major portion of the district is situated, and upon petition signed by landowners representing twenty-five percent of the acreage of the lands in the district shall, appoint three qualified persons who shall be approved in writing by the county legislative authority, to act as a board of appraisers and who shall reconsider and revise and/or reaffirm the classification and relative percentages, or any part or parts thereof, in the same manner and with the same legal effect as that provided herein for the determination of such matters in the first instance: PROVIDED, That such reexamination shall have no legal effect on any assessments regularly levied prior to the order of appraisal by the reexamining board of appraisers. [1985 c 396 § 68; 1937 c 72 § 140; RRS § 9663E-140. Formerly RCW 86.08.470, part.] Severability—1985 c 396: See RCW 85.38.900. 86.09.409 Assessments—Alternative method of determining benefit ratios. As an independent and alternative method to any other method herein authorized and subject to the prior written approval of the county legislative authority of the county within which the major portion of the district is situated, the ratio of benefits herein mentioned may be determined in their relation to the relative values of the respective benefited lands, including the improvements thereon, and the same shall be expressed on a relative percentage basis. [1985 c 396 § 67; 1937 c 72 § 137; RRS § 9663E-137. Formerly RCW 86.08.460, part.] 86.09.409 Severability—1985 c 396: See RCW 85.38.900. [Title 86 RCW—page 10] 86.09.421 86.09.421 Assessments—Descriptions of lands as appraised and classified—Map and filing thereof. When said board of appraisers shall have made said determination of the ratio of benefits, as aforesaid, all the lands within the district shall be classified and properly designated and shall be described in terms of government sections, and fractions thereof in designated townships and ranges, on the base map, and the board of appraisers shall file said map with the secretary of the district: PROVIDED, That platted lands may be described in terms of the recorded plat thereof. [1937 c 72 § 141; RRS § 9663E-141. Formerly RCW 86.08.470, part.] (2008 Ed.) Flood Control Districts—1937 Act 86.09.424 Assessments—Hearing on objections to assessment ratios—Time—Place. The secretary of the district shall immediately fix a time for hearing objections to the assessment ratios determined by said board of appraisers as shown on said base map. The meeting shall be at the office of the district board and principal place of business of the district and shall be held not less than twenty-five, nor more than thirty-five, days from the date of the first publication of the notice of the hearing. [1937 c 72 § 142; RRS § 9663E-142. Formerly RCW 86.08.475, part.] 86.09.424 86.09.427 Assessments—Notice of hearing, publication. Notice of said hearing shall be given by the secretary of the district by causing a copy of the same to be published for three consecutive weekly issues in a newspaper of general circulation, to be selected by said secretary, published in each of the counties in which any part of the district is located. [1937 c 72 § 143; RRS § 9663E-143. Formerly RCW 86.08.475, part.] 86.09.427 86.09.430 Assessments—Contents of notice of hearing. Said notice of hearing on said determination of assessment ratios shall state that the base assessment map designating the classes in which the lands in the district have been placed for assessment purposes on the ratios authorized by law, has been prepared by the board of appraisers and is on file at the office of the district board and may be inspected at any time during office hours; that a hearing on said map will be held before the county legislative authority at the office of the district board on . . . . . ., the . . . . day of . . . . . ., . . . . . ., at the hour of . . . . . . o’clock (naming the time), where any person may appear and present such objections, if any, he may have to said map, and shall be signed by the secretary of the district. [1986 c 278 § 43; 1937 c 72 § 144; RRS § 9663E-144. Formerly RCW 86.08.480.] 86.09.430 Severability—1986 c 278: See note following RCW 36.01.010. 86.09.433 Assessments—Conduct of hearing— Order. At the time set for said hearing the county legislative authority shall be present at the place designated in the notice and if it appears that due notice of the hearing has been given, shall proceed to hear such objections to the base map as shall be presented and shall hear all pertinent evidence that may be offered. The county legislative authority shall have authority to adjourn said hearings from time to time to study the record and evidence presented, to make such independent investigation as it shall deem necessary and to correct, modify or confirm the things set out on said base map or any part thereof and to determine all questions concerning the matter and shall finally make an order confirming said map with such substitutions, changes or corrections, if any, as may have been made thereon, which order shall be signed by the chairman of the county legislative authority and attached to said map. [1985 c 396 § 69; 1937 c 72 § 145; RRS § 9663E-145. Formerly RCW 86.08.485, part.] 86.09.433 Severability—1985 c 396: See RCW 85.38.900. 86.09.454 said base assessment map, said base assessment map and all things set out on the face thereof shall be conclusive in all things upon all parties, unless appealed from to the superior court in the manner and within the time herein provided. [1986 c 278 § 44; 1937 c 72 § 147; RRS § 9663E-147. Formerly RCW 86.08.485, part.] Severability—1986 c 278: See note following RCW 36.01.010. 86.09.442 Assessments—Copies of base assessment map to be filed with county assessors. When confirmed by order of said county legislative authority as aforesaid, or by order of said county legislative authority making any changes decreed by the court on appeal to the superior court, it shall be the duty of the secretary of the district to prepare a correct copy of so much of said base assessment map as includes the lands in the district situated in each county in which the lands in the district are situated, with the assessment classes and ratios properly designated thereon, and file the same with the respective county assessors of said counties for record therein. [1985 c 396 § 70; 1937 c 72 § 148; RRS § 9663E148. Formerly RCW 86.08.500, part.] 86.09.442 Severability—1985 c 396: See RCW 85.38.900. 86.09.445 Assessments—Levies to be made according to base assessment map. Assessments made against the respective lands in the district to carry out any of the purposes of this chapter shall be levied in accordance with their respective classifications and in proportion to their respective ratios of benefits, set out on the base assessment map. [1937 c 72 § 149; RRS § 9663E-149. Formerly RCW 86.08.500, part.] 86.09.445 86.09.448 Assessments—Appeal to courts. Any person, firm or corporation feeling aggrieved at any determination by said county legislative authority of the classification or relative percentage of his or its lands, aforesaid, may have the same reviewed by a proceeding for that purpose, in the nature of an appeal, initiated in the superior court of the county in which the land affected is situated. The matter shall be heard and tried by the court and shall be informal and summary but full opportunity to be heard and present evidence shall be given before judgment is pronounced. [1985 c 396 § 71; 1937 c 72 § 150; RRS § 9663E-150. Formerly RCW 86.08.490, part.] 86.09.448 Severability—1985 c 396: See RCW 85.38.900. 86.09.451 Assessments—Notice of appeal. No such appeal shall be entertained by the court unless notice of the same containing a statement of the substance of the matter complained of and the manner in which the same injuriously affects the appellant’s interests shall have been served personally or by registered mail, upon the county legislative authority of the county within which the major portion of the district is situated, and upon the secretary of the district, within twenty days following the date of the determination appealed from. [1985 c 396 § 72; 1937 c 72 § 151; RRS § 9663E-151. Formerly RCW 86.08.490, part.] 86.09.451 Severability—1985 c 396: See RCW 85.38.900. 86.09.439 Assessments—Conclusiveness of base assessment map. Upon the signing of said order by said county legislative authority and the attachment of the same to 86.09.439 (2008 Ed.) 86.09.454 Assessments—Appeal—Stay bond, when required. No bond shall be required unless a stay is desired, 86.09.454 [Title 86 RCW—page 11] 86.09.457 Title 86 RCW: Flood Control and an appeal shall not be a stay, unless within five days following the service of notice of appeal aforesaid, a bond shall be filed in an amount to be fixed by the court and with sureties satisfactory to the court, conditioned to perform the judgment of the court. [1937 c 72 § 152; RRS § 9663E-152. Formerly RCW 86.08.490, part.] 86.09.457 Assessments—Civil practice to apply— Costs, liability of district. Costs shall be paid as in civil cases brought in the superior court, and the practices in civil cases shall apply: PROVIDED, That any costs awarded against said county legislative authority shall be in its official capacity only and shall be against and paid by the district. [1985 c 396 § 73; 1937 c 72 § 153; RRS § 9663E-153. Formerly RCW 86.08.495, part.] 86.09.457 Severability—1985 c 396: See RCW 85.38.900. Civil practice generally: Title 4 RCW; Rules of court. Costs, generally: Chapter 4.84 RCW. such designation shall be sufficient description of such land on the district’s assessment roll. In instances where the district has adopted the alternative method of determining the ratio of benefits as herein authorized the secretary shall annually revise and specify in an appropriate column on the roll the cash value of the respective tracts of lands, including improvements thereon, described on the roll; (3) The estimated assessable acreage of such respective lands; (4) The designated classification and their respective ratios of benefits shown on the base assessment map in which the land is situated, with the per acre final ratio or percentage upon which every acre or fraction thereof of the respective lands are to be charged with assessments; (5) The total amount of the assessment in dollars and cents against each tract of land. [1937 c 72 § 157; RRS § 9663E-157. Formerly RCW 86.08.520, part.] 86.09.472 Assessments—Margin for anticipated delinquencies. For the purpose of apportioning the amount of money to be raised by assessment, to the several tracts of land in accordance with their respective classifications, the secretary shall add to the amount of money to be raised fifteen percent thereof for anticipated delinquencies. [1937 c 72 § 158; RRS § 9663E-158. Formerly RCW 86.08.510, part.] 86.09.472 86.09.460 Assessments—Appeal from superior to supreme court. An appeal shall lie from the judgment of the superior court as in other civil cases. [1937 c 72 § 154; RRS § 9663E-154. Formerly RCW 86.08.495, part.] 86.09.460 86.09.463 Assessments—County legislative authority’s determination deemed prima facie correct on appeal. In all said appeals from the determination of said county legislative authority, as herein provided, said determination and all parts thereof shall be deemed to be prima facie correct. [1985 c 396 § 74; 1937 c 72 § 155; RRS § 9663E155. Formerly RCW 86.08.490, part.] 86.09.463 Severability—1985 c 396: See RCW 85.38.900. 86.09.466 Assessments—District budget— Approval—Basis for assessment roll. The secretary of the district on or before the first day of November in each year shall estimate the amount of money necessary to be raised for any and all district purposes during the ensuing year based upon a budget furnished him by the district board and submit the same to the county legislative authority of the county within which the major portion of the district is situated for its suggestions, approval and revision and upon the approval of the budget by said county legislative authority, either as originally submitted or as revised, the secretary shall prepare an assessment roll with appropriate headings in which must be listed all the lands in each assessment classification shown on the base assessment map. [1985 c 396 § 75; 1937 c 72 § 156; RRS § 9663E-156. Formerly RCW 86.08.510, part.] 86.09.466 Severability—1985 c 396: See RCW 85.38.900. 86.09.469 Assessments—Assessment roll, contents— Headings. On such assessment roll in separate columns, must be specified under the appropriate headings: (1) The reputed owner of the property assessed. If the reputed owner is not known to the secretary, the reputed owner may be stated as "unknown"; (2) The description of the land of the reputed or unknown owner sufficiently definite to identify the land. Where the land is described in the records of the county assessor’s office in terms of the assessor’s plat tax number, 86.09.469 [Title 86 RCW—page 12] 86.09.475 Assessments—How calculated. In calculating the amount of assessments to be charged against the respective tracts of land included in the annual district assessment roll, the per acre charge against the lands in class No. 1 on the base map shall be taken as one hundred percent and the per acre charge against the lands in other classes shall be reckoned on their respective final per acre percentages of the per acre assessment against the lands in said class No. 1. [1937 c 72 § 159; RRS § 9663E-159. Formerly RCW 86.08.530.] 86.09.475 86.09.478 Assessments—Omitted property may be back-assessed. Any property which may have escaped assessment for any year or years, shall in addition to the assessment for the then current year, be assessed for such year or years with the same effect and with the same penalties as are provided for such current year and any property delinquent in any year may be directly assessed during the current year for any expenses caused the district on account of such delinquency. [1937 c 72 § 160; RRS § 9663E-160. Formerly RCW 86.08.550.] 86.09.478 86.09.481 Assessments—Lands in more than one county. Where the district embraces lands lying in more than one county the assessment roll shall be so arranged that the lands lying in each county shall be segregated and grouped according to the county in which the same are situated. [1937 c 72 § 161; RRS § 9663E-161. Formerly RCW 86.08.520, part.] 86.09.481 86.09.484 Equalization of assessments—Notice and time for meeting of board of equalization. Upon completion of the assessment roll the secretary shall deliver the same to the district board and immediately give notice thereof and 86.09.484 (2008 Ed.) Flood Control Districts—1937 Act of the time the board of directors, acting as a board of equalization will meet to equalize assessments, by publication in a newspaper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice, and in the meantime the assessment roll must remain in the office of the secretary for the inspection of all persons interested. [1937 c 72 § 162; RRS § 9663E-162. Formerly RCW 86.08.540, part.] 86.09.487 Equalization of assessments—Meeting of directors as board, length of time—Completion of roll. Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from day to day as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such objections to the said assessment roll as may come before them; and the board may decide the same. The secretary of the board shall be present during its session, and note all changes made at said hearing, and on or before the fifteenth day of January thereafter shall have the assessment roll completed as finally equalized by the board. [1937 c 72 § 163; RRS § 9663E-163. Formerly RCW 86.08.540, part.] 86.09.487 86.09.489 Levy where total assessment less than two dollars. When the assessment roll is completed as finally equalized by the board of directors and the total assessment against any tract or contiguous tracts owned by one person or corporation is less than two dollars, the county treasurer shall levy such a minimum amount of two dollars against such tract or contiguous tracts. [1965 c 26 § 13.] 86.09.489 86.09.490 Assessment lien—Priority. The assessment upon real property shall be a lien against the property assessed, from and after the first day of January in the year in which the assessment becomes due and payable, but as between grantor and grantee such lien shall not attach until the fifteenth day of February of such year, which lien shall be paramount and superior to any other lien theretofore or thereafter created, whether by mortgage or otherwise, except a lien for undelinquent flood control district assessments, diking or drainage, or diking or drainage improvement, district assessments and for unpaid and outstanding general ad valorem taxes, and such lien shall not be removed until the assessments are paid or the property sold for the payment thereof as provided by law. [1937 c 72 § 164; RRS § 9663E-164. Formerly RCW 86.08.560, part.] 86.09.490 86.09.493 Payment of assessment—Date of delinquency—Notice to pay—Assessment book—Statements. On or before the fifteenth day of January in each year the secretary must deliver the assessment roll or the respective segregations thereof to the county treasurer of each respective county in which the lands described are located, with a statement of the amounts and/or percentages of the collections on said roll which shall be apportioned to the respective district funds, and said assessments shall become due and payable at the time or times general taxes accrue payable. 86.09.493 (2008 Ed.) 86.09.496 One-half of all assessments on said roll shall become delinquent on the first day of June following the filing of the roll unless said one-half is paid on or before the thirty-first day of May of said year, and the remaining one-half shall become delinquent on the first day of December following, unless said one-half is paid on or before the thirtieth day of November. All delinquent assessments shall bear interest at the rate of ten percent per annum from the date of delinquency until paid. Within twenty days after the filing of the assessment roll as aforesaid the respective county treasurers shall each publish a notice in a newspaper published in their respective counties in which any portion of the district may lie, that said assessments are due and payable at the office of the county treasurer of the county in which said land is located and will become delinquent unless paid as herein provided. Said notice shall state the dates of delinquency as fixed in this chapter and the rate of interest charged thereon and shall be published once a week for four successive weeks and shall be posted within said period of twenty days in some public place in said district in each county in which any portion of the district is situated. Upon receiving the assessment roll, the county treasurer shall prepare therefrom an assessment book in which shall be written the description of the land as it appears in the assessment roll, the name of the owner or owners where known, and if assessed to the unknown owners, then the word "unknown", and the total assessment levied against each tract of land. Proper space shall be left in said book for the entry therein of all subsequent proceedings relating to the payment and collection of said assessments. Upon payment of any assessment the county treasurer must enter the date of said payment in said assessment book opposite the description of the land and the name of the person paying, and give a receipt to such person specifying the amount of the assessment and the amount paid with the description of the property assessed. It shall be the duty of the county treasurer of the county in which any land in the district is located to furnish upon request of the owner, or any person interested, a statement showing any and all assessments levied as shown by the assessment roll in his office upon land described in such request, and all statements of general taxes covering any land in the district shall be accompanied by a statement showing the condition of district assessments against such lands: PROVIDED, That the failure of the county treasurer to render any statement herein required of him shall not render invalid any assessments made by any district or proceedings had for the enforcement and collection of district assessments pursuant to this chapter. [1937 c 72 § 165; RRS § 9663E165. Formerly RCW 86.08.540, part, 86.08.560, part, and 86.08.570.] 86.09.496 Delinquency list—Posting and publication. On or before the thirty-first day of December of each year, the county treasurer of the county in which the land is located shall cause to be posted the delinquency list which must contain the names of persons to whom the property is assessed and a description of the property delinquent and the amount of the assessment and costs due, opposite each name and description. 86.09.496 [Title 86 RCW—page 13] 86.09.499 Title 86 RCW: Flood Control He must append to and post with the delinquency list a notice that unless the assessments delinquent, together with costs and accrued interest, are paid, the real property upon which such assessments are a lien will be sold at public auction. The said notice and delinquent list shall be posted at least twenty days prior to the time of sale. Concurrent as nearly as possible with the date of the posting aforesaid, the said county treasurer shall publish the location of the place where said notice is posted and in connection therewith a notice that unless delinquent assessments together with costs and accrued interest are paid, the real property upon which such assessments are a lien will be sold at public auction. Such notice must be published once a week for three successive weeks in a newspaper of general circulation published in the county within which the land is located; but said notice of publication need not comprise the delinquent list where the same is posted as herein provided. Both notices must designate the time and place of sale. The time of sale must not be less than twenty-one nor more than twenty-eight days from the date of posting and from the date of the first publication of the notice thereof, and the place must be at some point designated by the treasurer. [1937 c 72 § 166; RRS § 9663E166. Formerly RCW 86.08.580.] 86.09.499 86.09.499 Sale for delinquent assessments—Postponement. The treasurer of the county in which the land is situated shall conduct the sale of all lands situated therein and must collect in addition to the assessment due as shown on the delinquent list the costs and expenses of sale and interest at the rate of ten percent per annum from the date or dates of delinquency as hereinbefore provided. On the day fixed for the sale, or some subsequent day to which he may have postponed it, and between the hours of ten o’clock a.m. and three o’clock p.m., the county treasurer making the sale must commence the same, beginning at the head of the list, and continuing alphabetically, or in the numerical order of the parcels, lots or blocks, until completed. He may postpone the day of commencing the sale, or the sale from day to day, by giving oral notice thereof at the time of the postponement, but the sale must be completed within three weeks from the first day fixed. [1937 c 72 § 167; RRS § 9663E-167. Formerly RCW 86.08.590.] 86.09.502 86.09.502 Sale for delinquent assessments—How conducted—Certificate of sale—District as purchaser— Fee. The owner or person in possession of any real estate offered for sale for assessments due thereon may designate in writing to the county treasurer, by whom the sale is to be made, and prior to the sale, what portion of the property he wishes sold, if less than the whole; but if the owner or possessor does not, then the treasurer may designate it, and the person who will take the least quantity of the land, or in case an undivided interest is assessed, then the smallest portion of the interest, and pay the assessment and costs due, including one dollar to the treasurer for duplicate of the certificate of sale, is the purchaser. The treasurer shall account to the district for said one dollar. If the purchaser does not pay the assessment and costs before ten o’clock a.m. the following day, the property must be resold on the next sale day for the assessments and costs. In case there is no purchaser in good [Title 86 RCW—page 14] faith for the same on the first day that the property is offered for sale, and if there is no purchaser in good faith when the property is offered thereafter for sale, the whole amount of the property assessed shall be struck off to the district as the purchaser, and the duplicate certificate shall be delivered to the secretary of the district, and filed by him in the office of the district. No charge shall be made for the duplicate certificate where the district is the purchaser, and in such case the treasurer shall make an entry, "Sold to the district", and he will be credited with the amount thereof in settlement. The district, as a purchaser at said sale, shall be entitled to the same rights as a private purchaser, and may assign or transfer the certificate of sale upon the payment of the amount which would be due if redemption were being made by the owner. If no redemption is made of land for which the district holds a certificate of purchase, the district will be entitled to receive the treasurer’s deed therefor in the same manner as a private person would be entitled thereto. After receiving the amount of assessments and costs, the county treasurer must make out in duplicate a certificate, dated on the day of sale, stating (when known) the names of the persons assessed, a description of the land sold, the amount paid therefor, that it was sold for assessments, giving the amount and the year of assessment, and specifying the time when the purchaser will be entitled to a deed. The certificate must be signed by the treasurer making the sale and one copy delivered to the purchaser, and the other filed in the office of the county treasurer of the county in which the land is situated: PROVIDED, That upon the sale of any lot, parcel or tract of land not larger than an acre, the fee for a duplicate certificate shall be twenty-five cents and in case of a sale to a person or a district, of more than one parcel or tract of land, the several parcels or tracts may be included in one certificate. [1937 c 72 § 168; RRS § 9663E-168. Formerly RCW 86.08.600.] 86.09.505 Sale for delinquent assessments—Entries in assessment book—Book open to inspection—Lien vested in purchaser. The county treasurer, before delivering any certificate must file the same and enter in the assessment book opposite the description of the land sold, the date of sale, the purchaser’s name and the amount paid therefor, and must regularly number the description on the margin of the assessment book and put a corresponding number on each certificate. Such book must be open to public inspection without fee during office hours, when not in actual use. On filing the certificate of sale as provided in the preceding paragraph, the lien of the assessment vests in the purchaser and is only divested by the payment to the county treasurer making the sale of the purchase money and interest at the rate of ten percent per annum, from the day of sale until redemption for the use of the purchaser. [1937 c 72 § 169; RRS § 9663E-169. Formerly RCW 86.08.610.] 86.09.505 86.09.508 Sale for delinquent assessments— Redemption, when and how made. A redemption of the property sold may be made by the owner or any person on behalf and in the name of the owner or by any party in interest at any time before deed issues, by paying the amount of the purchase price and interest as in this chapter provided, and 86.09.508 (2008 Ed.) Flood Control Districts—1937 Act the amount of any assessments which such purchaser may have paid thereon after purchase by him and during the period of redemption in this section provided, together with like interest on such amount, and if the district is the purchaser, the redemptioner shall not be required to pay the amount of any district assessment levied subsequent to the assessment for which said land was sold, but all subsequent and unpaid assessments levied upon said land to the date of such redemption shall remain a lien and be payable and the land be subject to sale and redemption at the times applicable to such subsequent annual district assessment. Redemption must be made in legal tender, as provided for the collection of state and county taxes, and the county treasurer must credit the amount paid to the person named in the certificate and pay it on demand to such person or his assignees. No redemption shall be made except to the county treasurer of the county in which the land is situated. [1937 c 72 § 170; RRS § 9663E-170. Formerly RCW 86.08.620.] 86.09.529 all the proceedings from the assessments by the secretary, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein, free from all incumbrances except the lien of outstanding general ad valorem taxes and of unmatured special assessments. When title to the land is in the United States or this state, such deed shall be prima facie evidence of the right of possession. [1937 c 72 § 172; RRS § 9663E-172. Formerly RCW 86.08.640, part.] 86.09.517 Sale for delinquent assessments—Mistake, misnomer does not affect sale. When land is sold for assessments correctly imposed, as the property of a particular person, no misnomer of the owner or supposed owner, or other mistake relating to the ownership thereof, affects the sale or renders it void or avoidable. [1937 c 72 § 173; RRS § 9663E-173. Formerly RCW 86.08.640, part.] 86.09.517 86.09.520 District lands exempt from general taxes— Leasing, application of proceeds. All unsold lands owned by the district shall be exempt from general ad valorem taxes while title to same remains in the district. The district shall not be authorized to lease any of its lands for a term longer than one year, and the proceeds for such lease shall first be applied on account of outstanding ad valorem tax liens, if any. [1937 c 72 § 174; RRS § 9663E-174. Formerly RCW 86.08.650.] 86.09.520 86.09.511 Sale for delinquent assessments—Entry of redemption—Deed on demand if not redeemed in two years—Fee. Upon completion of redemption, the county treasurer to whom redemption has been made shall enter the word "redeemed", the date of redemption and by whom redeemed on the certificate and on the margin of the assessment book where the entry of the certificate is made. If the property is not redeemed within two years, after the fifteenth day of January of the year in which such property was sold, the county treasurer of the county in which the land sold is situated must thereafter, upon demand of the owner of the certificate of sale, make to the purchaser, or his assignees a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed the property during the time allowed by law for its redemption. The treasurer shall receive from the purchaser, for the use of the district, one dollar for making such deed: PROVIDED, If redemption is not made of any lot, parcel or tract of land not larger than one acre, the fee for a deed shall be twenty-five cents and when any person or district holds a duplicate certificate covering more than one tract of land, the several parcels, or tracts of lands, mentioned in the certificate may be included in one deed. [1937 c 72 § 171; RRS § 9663E-171. Formerly RCW 86.08.630.] 86.09.511 86.09.514 Sale for delinquent assessments—Effect and validity of deed. The matter recited in the certificate of sale must be recited in the deed, and such deed duly acknowledged or proved is prima facie evidence that: First. The property was assessed as required by law. Second. The property was equalized as required by law. Third. That the assessments were levied in accordance with law. Fourth. The assessments were not paid. Fifth. At a proper time and place the property was sold as prescribed by law and by the proper officers. Sixth. The property was not redeemed. Seventh. The person who executed the deed was the proper officer. Such deed, duly acknowledged or proved, is (except as against actual fraud) conclusive evidence of the regularity of 86.09.514 (2008 Ed.) 86.09.523 Liability of city, town or subdivision for benefits to roads, streets, or sewer systems. Whenever any system of improvement constructed under the provisions of this chapter results in benefit to the whole or any part of a public street or road, street or road bed or track thereof within the district, or will facilitate the construction or maintenance of any sewer system in any city or town within the district, the city, town or subdivision or any of them responsible for the maintenance of said public road, street or sewer, shall be liable for assessment for any or all district purposes. [1937 c 72 § 175; RRS § 9663E-175. Formerly RCW 86.08.660, part.] 86.09.523 86.09.526 Liability of public and private lands for benefits. All school, granted, and other state lands, and lands owned by the United States, when legally possible, and all county, city and other municipally owned property, not used for governmental purposes, and all privately owned lands within the corporate limits of any county, school district, city or other municipal corporation included within the operation of the district and benefited by the district improvement, shall be liable for assessment as provided herein for other property. [1937 c 72 § 176; RRS § 9663E-176. Formerly RCW 86.08.660, part.] 86.09.526 86.09.529 Assessment payment by city, county, subdivision—Payment by state for highway benefit. Assessments charged to any city, town, county, or subdivision thereof shall be paid from any fund of the city, town, county, or subdivision, as its governing body determines. Assessments charged on account of benefits to state highways shall be approved by the secretary of transportation and shall be 86.09.529 [Title 86 RCW—page 15] 86.09.532 Title 86 RCW: Flood Control paid from the state motor vehicle fund. [1984 c 7 § 379; 1937 c 72 § 177; RRS § 9663E-177. Formerly RCW 86.08.660, part.] Severability—1984 c 7: See note following RCW 47.01.141. 86.09.532 86.09.532 District funds—Created. There are hereby created for district purposes the following special funds: (1) Expense fund, (2) surplus fund, (3) suspense fund, (4) general bond fund, (5) utility bond fund, (6) contract fund. [1937 c 72 § 178; RRS § 9663E-178. Formerly RCW 86.08.670.] 86.09.535 86.09.535 District funds—Expense fund—Composition—Use. All assessments collected for administrative, operative and maintenance purposes, all money collected and not otherwise provided for, and any transfers authorized by law from other funds made specifically to the fund, shall be placed by the county treasurer, ex officio treasurer of the district, in the expense fund, and it shall be the duty of the district board to make ample provision for the requirements of this fund by the levy of assessments or by the use of other revenues of the district. [1937 c 72 § 179; RRS § 9663E-179. Formerly RCW 86.08.675.] 86.09.547 District funds—Utility bond fund—Composition—Use. Revenues from the use, sale or lease of water and/or other service furnished by the district to the extent pledged to the payment of district utility bonds, as herein provided, shall be placed in the utility bond fund and used exclusively for the payment of such bonds with interest according to their terms. [1937 c 72 § 183; RRS § 9663E-183. Formerly RCW 86.08.700.] 86.09.547 86.09.550 District funds—Contract fund—Composition—Use. The proceeds from bond sales and revenues from other sources authorized by law to be used for district contract purposes shall be placed in the contract fund and shall be used for the purposes for which the bonds were issued or for which any other contract was entered into by the district. [1937 c 72 § 184; RRS § 9663E-184. Formerly RCW 86.08.690.] 86.09.550 86.09.553 District funds—Custody and disbursement. All district moneys shall be paid to the county treasurer having charge of the district funds and by that officer disbursed in the manner provided by law. [1937 c 72 § 185; RRS § 9663E-185. Formerly RCW 86.08.710, part.] 86.09.553 86.09.538 86.09.538 District funds—Surplus fund—Composition—Use. The district shall have authority at its option of turning any district revenues not probably required during the current year to the surplus fund by adopting a resolution to that effect and filing a copy of the same with the county treasurer in charge of such fund. For this purpose unrequired moneys may be transferred from other funds, except from either of the two bond funds. Assessments, not exceeding twenty percent of the total levy for a given year, may be levied for the purpose of supplying moneys for the surplus fund. The surplus fund may be used for any district purpose authorized by law, by resolution of the board of directors specifying said purpose, and the duration of such use. [1937 c 72 § 180; RRS § 9663E-180. Formerly RCW 86.08.680.] 86.09.541 86.09.541 District funds—Suspense fund—Composition—Use. All district indebtedness, not otherwise provided for, which has not been or will not be paid on substantially a cash basis, shall be paid from the suspense fund and it shall be the duty of the district board to make ample provision for the requirements of this fund by the levy of assessments or by the use of other revenues of the district, authorized by law to be used for this purpose. [1937 c 72 § 181; RRS § 9663E181. Formerly RCW 86.08.685.] 86.09.556 Claims against district. Any claim against the district shall be presented to the district board for allowance or rejection. Upon allowance, the claim shall be attached to a voucher verified by the claimant or his agent and approved by the chairman of the board and countersigned by the secretary and directed to the county auditor of the county in which the office of the district treasurer is located, for the issuance of a warrant against the proper fund of the district in payment of said claim. [1937 c 72 § 186; RRS § 9663E-186. Formerly RCW 86.08.720, part.] 86.09.556 86.09.559 Claims against district—For administrative expenses, cost, maintenance—Payroll. Claims against the district for administrative expenses and for the costs of operation and maintenance of the system of improvement, shall be allowed by the district board and presented to the county auditor with proper vouchers attached for the issuance of warrants against the expense fund of the district. The payroll of the district shall be verified by the foreman in charge and may be presented in one claim for the individual claimants involved. The warrants for said claim shall be issued in the name of the individual claimants, but may be receipted for by said foreman. [1937 c 72 § 187; RRS § 9663E-187. Formerly RCW 86.08.720, part.] 86.09.559 86.09.562 District funds paid by warrant—Exception. Said county treasurer shall pay out the moneys received or deposited with him or any portion thereof upon warrants issued by the county auditor of the same county of which the district treasurer is an officer against the proper funds of the district except the sums to be paid out of the special funds for interest and principal payments on bonds or notes. [1986 c 278 § 45; 1983 c 167 § 202; 1937 c 72 § 188; RRS § 9663E188. Formerly RCW 86.08.710, part.] 86.09.562 86.09.544 86.09.544 District funds—General bond fund— Composition—Use. Moneys in the general bond fund shall be used exclusively for the payment of outstanding general obligation bonds of the district with interest thereon according to their terms. It shall be the duty of the district board to make ample provision for the requirements of this fund by the levy of assessments and/or by the use of other district revenues, authorized by law to be used for this purpose. [1937 c 72 § 182; RRS § 9663E-182. Formerly RCW 86.08.695.] [Title 86 RCW—page 16] Severability—1986 c 278: See note following RCW 36.01.010. (2008 Ed.) Flood Control Districts—1937 Act Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 86.09.565 Warrants paid in order of issuance. Warrants drawn on any district fund shall be paid from any moneys in said fund in the order of their issuance. [1937 c 72 § 189; RRS § 9663E-189. Formerly RCW 86.08.710, part.] 86.09.565 86.09.592 Utility revenue bonds—Authorized. In any instance where the district is using, selling or leasing water for beneficial purposes or furnishing other service under the provisions of this chapter and there is reasonable certainty of a permanent fixed income from this source, the district board, upon previous written approval of the county legislative authority of the county within which the major portion of the district is situated, shall have authority to pledge the revenues derived from a fixed proportion of the gross income thus obtained and to issue bonds of the district payable from the utility bond fund and to sell the same to raise money for district purposes. [1985 c 396 § 78; 1937 c 72 § 198; RRS § 9663E-198. Formerly RCW 86.08.790, part.] 86.09.592 Severability—1985 c 396: See RCW 85.38.900. 86.09.595 Utility revenue bonds—Limited obligation—Payment from special fund. Bonds payable from the utility bond fund shall not be an obligation of the district and they shall state on their face that they are payable solely from a special fund derived from a certain fixed proportion (naming it) of the gross income derived by the district from the sale or lease of water or from other service, as the case may be, and such fixed proportion of such gross income shall be irrevocably devoted to the payment of such bonds with interest until the same are fully paid. [1937 c 72 § 199; RRS § 9663E-199. Formerly RCW 86.08.790, part, and 86.08.800, part.] 86.09.595 86.09.598 Utility revenue bonds—Form, terms, interest, etc. (1) Said utility bonds shall be numbered consecutively, shall mature in series amortized in a definite schedule during a period not to exceed twenty years from the date of their issuance, shall be in such denominations and form and shall be payable, with annual or semiannual interest at such rate or rates and at such place as the county legislative authority of the county within which the major portion of the district is situated shall provide. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1985 c 396 § 79; 1983 c 167 § 207; 1970 ex.s. c 56 § 94; 1969 ex.s. c 232 § 45; 1937 c 72 § 200; RRS § 9663E-200. Formerly RCW 86.08.800, part.] 86.09.598 Severability—1985 c 396: See RCW 85.38.900. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 86.09.601 Utility revenue bonds—Election to authorize. For the purpose of authorizing such utility bonds, an 86.09.601 (2008 Ed.) 86.09.622 election shall be called, noticed, held and canvassed by the same officers, and in the same manner, as provided herein for the calling, noticing, holding and canvassing of an election to authorize general obligation bonds. [1937 c 72 § 201; RRS § 9663E-201. Formerly RCW 86.08.790, part.] 86.09.616 Utility revenue bonds and coupons— Order of payment—When funds deficient. Utility bonds and interest thereon shall be paid in the order of their respective due dates and the bonds and interest of a prior issue shall carry preference in payment over those of a subsequent issue: PROVIDED, That where there is not sufficient money in the utility bond fund to pay all matured demands against the same in accordance with the preference right above mentioned, the county treasurer shall pay the interest on the bonds having the preference right of payment in their numerical order beginning with the bond having the smallest number, to the extent of the available money in the utility bond fund. [1937 c 72 § 206; RRS § 9663E-206. Formerly RCW 86.08.800, part.] 86.09.616 86.09.619 District directors to make provision for payment—Procedure on failure of directors. It shall be the duty of the board of directors of the district to make adequate provision for the payment of all district bonds in accordance with their terms by levy and collection of assessments or otherwise and upon its failure so to do said levy and collection of assessments shall be made as follows: (1) If the annual assessment roll has not been delivered to the county treasurer on or before the fifteenth day of January, he shall notify the secretary by registered mail that the roll must be delivered to him forthwith. (2) If the roll is not delivered within ten days from the date of mailing the notice, or if the roll has not been equalized and the levy made, the treasurer shall immediately notify the county commissioners of the county in which the office of the directors is situated, and such commissioners shall cause an assessment roll for the district to be prepared and shall equalize it if necessary, and make the levy in the same manner and with like effect as if it had been made and equalized by the directors, and all expenses incident thereto shall be borne by the district. (3) In case of neglect or refusal of the secretary to perform his duties, the district treasurer shall perform them, and shall be accountable therefor, on his official bond, as in other cases. [1965 c 26 § 12; 1937 c 72 § 207; RRS § 9663E-207. Formerly RCW 86.08.820, part.] 86.09.619 86.09.621 Special assessment bonds. Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [1986 c 278 § 28.] 86.09.621 Severability—1986 c 278: See note following RCW 36.01.010. 86.09.622 Dissolution of districts—Procedure. Flood control districts may be dissolved upon a favorable sixty percent vote of the electors voting at an election for that purpose called, noticed, conducted and canvassed in the manner provided in this chapter for special elections and no further district obligations shall thereafter be incurred: PROVIDED, That the election shall not abridge or cancel any of the out86.09.622 [Title 86 RCW—page 17] 86.09.625 Title 86 RCW: Flood Control standing obligations of the district, and the county legislative authority of the county within which the major portion of the district is situated shall each year at the time and in the manner provided in this chapter for the levy of district assessments, levy assessments against the lands in the district and the same shall be collected and enforced in the manner provided herein, until the outstanding obligations of the district are fully paid. [1985 c 396 § 83; 1937 c 72 § 208; RRS § 9663E-208. Formerly RCW 86.08.830, part.] Severability—1985 c 396: See RCW 85.38.900. Dissolution of districts: Chapter 53.48 RCW. 86.09.625 Dissolution of districts—When complete. When the obligations have been fully paid, all moneys in any of the funds of the district and all collections of unpaid district assessments shall be transferred to the general fund of the county within which the major portion of the district is situated as partial reimbursement for moneys expended and services rendered by the county for and in behalf of the district, and thereupon the county legislative authority of that county shall file a statement of the full payment of the district’s obligations for record in the county auditor’s office in each county in which any lands in the district were situated and thereafter the dissolution of the district shall be complete and its corporate existence ended. [1985 c 396 § 84; 1937 c 72 § 209; RRS § 9663E-209. Formerly RCW 86.08.830, part.] 86.09.625 Severability—1985 c 396: See RCW 85.38.900. Reclamation revolving fund abolished, moneys transferred to reclamation revolving account: RCW 43.79.330 through 43.79.334. 86.09.627 Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years. See chapter 57.90 RCW. 86.09.627 86.09.700 Revision of district—Petition. A board may amend the district comprehensive plan of flood control, alter, reduce or enlarge the district system of improvement, within or without the district, and change the district boundaries so as to include land likely to be benefited by said amendment, alteration, reduction or enlargement by filing a petition to that effect with the county legislative authority of the county within which the major portion of the district is situated. [1985 c 396 § 85; 1965 c 26 § 14.] 86.09.700 Severability—1985 c 396: See RCW 85.38.900. 86.09.703 Revision of district—Establishment of revised district—Review of benefits—Liability of original district—Segregation of funds. If funds are available the county legislative authority shall, at the expense of the county, refer the petition to the county engineer for a preliminary investigation as to the feasibility of the objects sought by the petition. If the investigation discloses that the matter petitioned for is feasible, conducive to the public welfare, consistent with a comprehensive plan of development and in the best interest of the district and will promote the purposes for which the district was organized, the county legislative authority shall so find, approve the petition, enter an order in his records declaring the establishment of the new boundaries as petitioned for, or as modified by him, and file a certified 86.09.703 [Title 86 RCW—page 18] copy of the order with each county auditor, without filing fee, and with the board. The board shall forthwith cause a review of the classifications and ratio of benefits, in the same manner and with the same effect as for the determination of such matters in the first instance. The lands in the original district shall remain bound for the whole of the original unpaid assessment thereon for the payment of any outstanding warrants or bonds to be paid by such assessments. Until the assessments are collected and all indebtedness of the original district paid, separate funds shall be maintained for the original district and the revised district. [1985 c 396 § 86; 1965 c 26 § 15.] Severability—1985 c 396: See RCW 85.38.900. 86.09.710 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. Flood control districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW. [1986 c 278 § 16.] 86.09.710 Severability—1986 c 278: See note following RCW 36.01.010. 86.09.720 Cooperative watershed management. In addition to the authority provided in this chapter, flood control districts may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management. [2003 c 327 § 18.] 86.09.720 Finding—Intent—2003 c 327: See note following RCW 39.34.190. 86.09.900 Other statutes preserved. Nothing in this chapter contained shall be construed as affecting or in any wise limiting the powers of counties, cities, towns, diking districts, drainage districts, or other municipal or public agencies in the manner authorized by law to construct and maintain dikes, levees, embankments or other structures and works, or to open, deepen, straighten and otherwise enlarge natural water courses, waterways and other channels, for the purpose of protecting such organizations from overflow. [1937 c 72 § 210; RRS § 9663E-210.] 86.09.900 86.09.910 Chapter supplemental to other acts. Nothing in this chapter contained shall be held or construed as in any manner abridging, enlarging or modifying any statute now or hereafter existing relating to the organization, operation and dissolution of flood control districts. This chapter is intended as an independent chapter providing for a separate and an additional authority from and to any other authority now existing for the organization, operation and dissolution of flood control districts, as provided in this chapter. [1937 c 72 § 211; RRS § 9663E-211.] 86.09.910 86.09.920 Chapter liberally construed. The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects. [1937 c 72 § 212; RRS § 9663E-212.] 86.09.920 (2008 Ed.) Flood Control by Counties 86.09.930 Severability—1937 c 72. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1937 c 72 § 213; RRS § 9663E-213.] 86.09.930 Chapter 86.12 Chapter 86.12 RCW FLOOD CONTROL BY COUNTIES Sections COUNTY FLOOD CONTROL 86.12.010 86.12.020 86.12.030 86.12.033 86.12.034 County tax for river improvement fund—Flood control maintenance account. Authority to make improvements—Condemnation. Eminent domain, how exercised. Expenses to be paid out of river improvement fund. County entitled to abandoned channels, beds, and banks. 86.12.034 tures and improvements necessary for such control; and for any such purpose may purchase, condemn or otherwise acquire land, property or rights, including beds of nonnavigable waters and state, county and school lands and property and may damage any land or other property for any such purpose, and may condemn land and other property and rights and interests therein and damage the same for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed in this chapter. The purposes in this chapter specified are hereby declared to be county purposes. [1970 ex.s. c 30 § 10; 1941 c 204 § 9; 1935 c 162 § 1; 1919 c 109 § 1; 1907 c 66 § 2; Rem. Supp. 1941 § 9626.] Severability—1970 ex.s. c 30: See RCW 36.89.911. Authority and power of counties are supplemental: RCW 36.89.062. Storm water control facilities, county powers and authority: Chapter 36.89 RCW. IMMUNITY FROM LIABILITY 86.12.030 Eminent domain, how exercised. The taking and damaging of land, property or rights therein or thereto by any county, either inside or outside of such county, for flood control purposes of the county is hereby declared to be for a public use. Such eminent domain proceedings shall be in the name of the county, shall be had in the county where the property is situated, and may unite in a single action proceedings to condemn for county use property held by separate owners, the jury to return separate verdicts for the several lots, tracts or parcels of land, or interest therein, so taken or damaged. The proceedings may conform to the provisions of *sections 921 to 926, inclusive, of Remington’s Revised Statutes, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The title so acquired by the county shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation. The awards in and costs of such proceedings shall be payable out of the river improvement fund. [1941 c 204 § 10; 1907 c 66 § 3; Rem. Supp. 1941 § 9627.] 86.12.030 86.12.037 Liability of county or counties to others. COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS 86.12.200 86.12.210 86.12.220 Comprehensive flood control management plan—Elements. Comprehensive flood control management plan—Participation of local officials—Arbitration of disputed issues. Advisory committees. COUNTY FLOOD CONTROL 86.12.010 County tax for river improvement fund— Flood control maintenance account. The county commissioners of any county may annually levy a tax, beginning with the year 1907, in such amount as, in their judgment they may deem necessary or advisable, but not to exceed twentyfive cents per thousand dollars of assessed value upon all taxable property in such county, for the purpose of creating a fund to be known as "river improvement fund." There is hereby created in each such river improvement fund an account to be known as the "flood control maintenance account." [1973 1st ex.s. c 195 § 129; 1941 c 204 § 8; 1907 c 66 § 1; Rem. Supp. 1941 § 9625. FORMER PART OF SECTION: 1907 c 66 § 4, now codified as RCW 86.12.033.] 86.12.010 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and 59); chapter 84.52 RCW. 86.12.020 Authority to make improvements—Condemnation. Said fund shall be expended for the purposes in this chapter provided. Any county, for the control of waters subject to flood conditions from streams, tidal or other bodies of water affecting such county, may inside or outside the boundaries of such county, construct, operate and maintain dams and impounding basins and dikes, levees, revetments, bulkheads, rip-rap or other protection; may remove bars, logs, snags and debris from and clear, deepen, widen, straighten, change, relocate or otherwise improve and maintain stream channels, main or overflow; may acquire any real or personal property or rights and interest therein for the prosecution of such works or to preserve any floodplain or regular or intermittent stream channels from any interference to the free or natural flow of flood or storm water; and may construct, operate and maintain any and all other works, struc86.12.020 (2008 Ed.) *Reviser’s note: "Sections 921 to 926, inclusive, of Remington’s Revised Statutes" (except for section 923) are codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by 1935 c 115 § 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section. 86.12.033 Expenses to be paid out of river improvement fund. All expenses to be incurred in accomplishing the objects authorized by this act shall be paid out of said river improvement fund and which fund shall be used for no other purpose than the purposes contemplated by this chapter. [1907 c 66 § 4; RRS § 9628. Formerly RCW 86.12.010, part.] 86.12.033 86.12.034 County entitled to abandoned channels, beds, and banks. Whenever a county of this state, acting pursuant to RCW 86.12.010 through 86.12.033, shall make an improvement in connection with the course, channel or flow of a navigable river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct improvements intended so to do, all the right, title and interest of the state of Washington in and to 86.12.034 [Title 86 RCW—page 19] 86.12.037 Title 86 RCW: Flood Control said abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall be and the same is hereby given, granted and conveyed to the county making such improvement: PROVIDED, HOWEVER, That any such gift, grant or conveyance shall be subject to any right, easement or interest heretofore given, granted or conveyed to any agency of the state. [1963 c 90 § 1.] IMMUNITY FROM LIABILITY 86.12.037 Liability of county or counties to others. No action shall be brought or maintained against any county alone or when acting jointly with any other county under any law, its or their agents, officers or employees, for any noncontractual acts or omissions of such county or counties, its or their agents, officers or employees, relating to the improvement, protection, regulation and control for flood prevention and navigation purposes of any river or its tributaries and the beds, banks and waters thereof: PROVIDED, That nothing contained in this section shall apply to or affect any action now pending or begun prior to the passage of this section. [1921 c 185 § 1; RRS § 9663. Formerly RCW 87.12.180.] 86.12.037 COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS 86.12.200 Comprehensive flood control management plan—Elements. The county legislative authority of any county may adopt a comprehensive flood control management plan for any drainage basin that is located wholly or partially within the county. A comprehensive flood control management plan shall include the following elements: (1) Designation of areas that are susceptible to periodic flooding, from inundation by bodies of water or surface water runoff, or both, including the river’s meander belt or floodway; (2) Establishment of a comprehensive scheme of flood control protection and improvements for the areas that are subject to such periodic flooding, that includes: (a) Determining the need for, and desirable location of, flood control improvements to protect or preclude flood damage to structures, works, and improvements, based upon a cost/benefit ratio between the expense of providing and maintaining these improvements and the benefits arising from these improvements; (b) establishing the level of flood protection that each portion of the system of flood control improvements will be permitted; (c) identifying alternatives to in-stream flood control work; (d) identifying areas where flood waters could be directed during a flood to avoid damage to buildings and other structures; and (e) identifying sources of revenue that will be sufficient to finance the comprehensive scheme of flood control protection and improvements; (3) Establishing land use regulations that preclude the location of structures, works, or improvements in critical portions of such areas subject to periodic flooding, including a river’s meander belt or floodway, and permitting only floodcompatible land uses in such areas; 86.12.200 [Title 86 RCW—page 20] (4) Establishing restrictions on construction activities in areas subject to periodic floods that require the flood proofing of those structures that are permitted to be constructed or remodeled; and (5) Establishing restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas. Land clearing activities do not include forest practices as defined in chapter 76.09 RCW. A comprehensive flood control management plan shall be subject to the minimum requirements for participation in the national flood insurance program, requirements exceeding the minimum national flood insurance program that have been adopted by the department of ecology for a specific floodplain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to floodplain management activities. When a county plans under chapter 36.70A RCW, it may incorporate the portion of its comprehensive flood control management plan relating to land use restrictions in its comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW. [1991 c 322 § 3.] Findings—Intent—1991 c 322: "(1) The legislature finds that: (a) Floods pose threats to public health and safety including loss or endangerment to human life; damage to homes; damage to public roads, highways, bridges, and utilities; interruption of travel, communication, and commerce; damage to private and public property; degradation of water quality; damage to fisheries, fish hatcheries, and fish habitat; harm to livestock; destruction or degradation of environmentally sensitive areas; erosion of soil, stream banks, and beds; and harmful accumulation of soil and debris in the beds of streams or other bodies of water and on public and private lands; (b) Alleviation of flood damage to property and to public health and safety is a matter of public concern; (c) Many land uses alter the pattern of runoff by decreasing the ability of upstream lands to store waters, thus increasing the rate of runoff and attendant downstream impacts; and (d) Prevention of flood damage requires a comprehensive approach, incorporating storm water management and basin-wide flood damage protection planning. (2) County legislative authorities are encouraged to use and coordinate all the regulatory, planning, and financing mechanisms available to those jurisdictions to address the problems of flooding in an equitable and comprehensive manner. (3) It is the intent of the legislature to develop a coordinated and comprehensive state policy to address the problems of flooding and the minimization of flood damage." [1991 c 322 § 1.] Purpose—1991 c 322: "The purpose of sections 3 through 13 of this act is to permit counties in cooperation and consultation with cities and towns to adopt a comprehensive system of flood control management and protection within drainage basins and to coordinate the flood control activities of the state, counties, cities, towns, and special districts within such drainage basins." [1991 c 322 § 2.] 86.12.210 Comprehensive flood control management plan—Participation of local officials—Arbitration of disputed issues. A comprehensive flood control management plan that includes an area within which a city or town, or a special district subject to chapter 85.38 RCW, is located shall be developed by the county with the full participation of officials from the city, town, or special district, including conservation districts, and appropriate state and federal agencies. Where a comprehensive flood control management plan is being prepared for a river basin that is part of the common boundary between two counties, the county legislative 86.12.210 (2008 Ed.) Flood Control by Counties Jointly authority of the county preparing the plan may allow participation by officials of the adjacently located county. Following adoption by the county, city, or town, a comprehensive flood control management plan shall be binding on each jurisdiction and special district that is located within an area included in the plan. If within one hundred twenty days of the county’s adoption, a city or town does not adopt the comprehensive flood control management plan, the city or county shall request arbitration on the issue or issues in dispute. If parties cannot agree to the selection of an arbitrator, the arbitrator shall be selected according to the process described in *RCW 7.04.050. The cost of the arbitrator shall be shared equally by the participating parties and the arbitrator’s decision shall be binding. Any land use regulations and restrictions on construction activities contained in a comprehensive flood control management plan applicable to a city or town shall be minimum standards that the city or town may exceed. A city or town undertaking flood or storm water control activities consistent with the comprehensive flood control management plan shall retain authority over such activities. [1991 c 322 § 4.] *Reviser’s note: RCW 7.04.050 was repealed by 2005 c 433 § 50, effective January 1, 2006. Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. 86.12.220 Advisory committees. A county may create one or more advisory committees to assist in the development of proposed comprehensive flood control management plans and to provide general advice on flood problems. The advisory committees may include city and town officials, officials of special districts subject to chapter 85.38 RCW, conservation districts, appropriate state and federal officials, and officials of other counties and other interested persons. [1991 c 322 § 5.] 86.12.220 Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. Chapter 86.13 Chapter 86.13 RCW FLOOD CONTROL BY COUNTIES JOINTLY Sections JOINT COUNTY CONTROL—1913 ACT 86.13.010 86.13.020 86.13.030 86.13.040 86.13.050 86.13.060 86.13.070 86.13.080 86.13.090 Boundary line rivers—Contract to control. Expenditure of funds—Joint action generally. Tax levy in each county—Intercounty river improvement fund. Eminent domain—Procedure—Acquisition by purchase authorized. Joint county meeting—Procedure. Special commissioner—Powers and duties—Compensation. Chapter not exclusive. Liability as between counties. Issuance of warrants. JOINT COUNTY CONTROL—SUPPLEMENTAL ACTS 86.13.100 86.13.110 Lease or disposal of property—Disposition of proceeds. State’s title to abandoned channels granted to counties. IMMUNITY FROM LIABILITY 86.13.120 (2008 Ed.) Liability of county or counties to others. 86.13.020 JOINT COUNTY CONTROL—1913 ACT 86.13.010 Boundary line rivers—Contract to control. Wherever and whenever a river is or shall be the boundary line or part of the boundary line between two counties, or it, or its tributaries or outlet or part thereof, flows through parts of two counties, and the waters thereof have in the past been the cause of damage, by inundation or otherwise, to the roads, bridges or other public property situate in or to other public interests of both such counties, or the flow of such waters shall have alternated between the said counties so at one time or times such waters shall have caused damage to one county and at another time or times to the other county, and it shall be deemed by the boards of county commissioners of both counties to be for the public interests of their respective counties that the flow of such waters be definitely confined to a particular channel, situate in whole or in part in either county, in a manner calculated to prevent such alternation or to prevent or lessen damage in the future, it shall be lawful for the two counties, and their boards of county commissioners are hereby empowered, pursuant to resolution, to enter into a contract in writing in the names of the respective counties for the purpose of settling all disputes in relation to any such situation, and providing ways and means for the control and disposition of such waters. Any such contract may provide: (1) That it shall be operative in perpetuity, or only for a term of years or other measure of time to be specified therein. (2) The amount of money to be expended by each county during each year of the life of said contract, or such other method of determining the amount of expenditure or dividing the financial burden as may be agreed upon. (3) That an annual tax shall be levied, at the same time and in the same manner as other county taxes are levied, each year during the life of the contract, by the county commissioners of each county. The annual tax herein provided for need not be levied at the same rate for each county, but shall be at such rate in each county as will produce annually the amount of money for each county as is required for the fulfillment of the contract on its part: PROVIDED, HOWEVER, That in no event shall any such tax levy by either county exceed twenty-five cents per thousand dollars of assessed value for any one year. (4) That the general scheme for the improvement of such river shall be as stated in such contract, but by consent of the contracting parties, pursuant to resolution of each board of county commissioners, such scheme may be modified from time to time during the life of the contract. The contract may but need not provide the details of such scheme, but must designate the general purpose to be accomplished. So far as details are not specified in the contract, same shall be for future determination by joint action of the two boards of county commissioners. Any such contract may be subsequently modified or abrogated by mutual consent evidenced by separate resolution of both boards of county commissioners. [1973 1st ex.s. c 195 § 130; 1913 c 54 § 1; RRS § 9651. Formerly RCW 86.12.040.] 86.13.010 Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 86.13.020 Expenditure of funds—Joint action generally. When such a contract shall have been entered into the 86.13.020 [Title 86 RCW—page 21] 86.13.030 Title 86 RCW: Flood Control prosecution of the work of improvement and the expenditure of funds thereof shall be determined upon, controlled and provided for by joint action of the boards of county commissioners of the two counties. So acting jointly, they shall have power to employ subordinates, purchase material or equipment in open market or by contract, let contracts for work, or cause work to be done by day labor, and to reject any and all bids received for work or material. All vouchers, pay rolls, reports, contracts and bonds on contracts shall be in duplicate, one copy to be filed in the office of the county auditor of each county: PROVIDED, HOWEVER, That the expenditure of said funds must be made in such manner so that the fund from each county is drawn on or expended alternately and such alternate expenditure shall be in proportion to the amount contributed by each county as nearly as may be practicable. [1913 c 54 § 2; RRS § 9652. Formerly RCW 86.12.050 and 86.12.060, part.] 86.13.030 86.13.030 Tax levy in each county—Intercounty river improvement fund. When such a contract shall have been entered into it shall be the duty of each of the boards of county commissioners to make for their respective counties, each year, a tax levy at a rate sufficient to meet the requirements of the contract to be performed by the county, or sufficient to provide such lesser amount as the boards of county commissioners shall agree upon for such year, to be evidenced by separate resolution of each board, and when such levy shall be made the same shall be extended upon the tax rolls of the county levying the same as other taxes shall be extended, and shall be collected in the same manner and shall be a lien upon the property as in the case of other taxes. The fund realized in each county by such tax levy shall go into a separate fund in the treasury of the county collecting the same, to be designated intercounty river improvement fund, and the entire fund so collected in the two counties shall be devoted to and be disbursed for the purposes specified in such contract and as in this chapter provided, and for no other purpose, but without regard to the particular county in which the work is performed, material required or expenditure made, it being the intent that the entire fund realized in the two counties shall be devoted to the one common purpose as if the two counties were one county and the two funds one fund. The fund in each county shall be disbursed by the county treasurer of such county upon warrants signed by the county auditor of that county. Such warrants shall be issued by order of the board of county commissioners of such county, or a majority thereof. Each county auditor shall, whenever requested by the county auditor of the other county, furnish the county auditor of the other county a statement of payments into and warrants drawn upon the fund of his county from time to time, and in addition thereto, each county auditor shall on the first Monday of January, April, July and October each year during the life of the contract furnish the other a complete statement thereof. Obligations incurred in the prosecution of such improvement and warrants issued shall be payable only out of said special funds, and no general obligation against or debt of either county shall be created thereby or by any contract entered into by virtue of this chapter, but it is not the intent of this chapter to deny to either county the right to have in the courts any proper proceeding to compel compliance [Title 86 RCW—page 22] with such contract on the part of the other county. [1913 c 54 § 3; RRS § 9653. Formerly RCW 86.12.100.] Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and 59); chapter 84.52 RCW. 86.13.040 Eminent domain—Procedure—Acquisition by purchase authorized. When such a contract shall have been entered into the power of eminent domain is hereby vested in each of such counties, to acquire any lands necessary to straighten, widen, deepen, dike or otherwise improve any such river, its tributaries or outlet or to strengthen the banks thereof, or to acquire any land adjacent to such river, or its tributaries, or the right to cut and remove timber upon the same for the purpose of preventing or lessening the falling of timber or brush into the waters of such river or tributaries, or to acquire any rock quarry, gravel deposit or timber for material for the prosecution of such improvement, together with the necessary rights-of-way for the same, or to acquire any dam site or other property necessary for flood control purposes. Any such land, property or rights may be acquired by purchase instead of by condemnation proceedings. Said right of eminent domain shall extend to lands or other property owned by the state or any municipality thereof. The title to any such lands, property or rights so acquired shall vest in the county in which situate for the benefit of such enterprise and said fund, but when said contract shall have terminated by lapse of time or for any other reason, then such title shall be held by such county independent of any claims whatsoever of the other county, but any material, equipment or other chattel property on hand shall be converted into money and the money divided between the two counties in the ratio of their respective contributions to the fund. The exercise of such rights of eminent domain or purchase shall rest in the joint control of the two boards of county commissioners. Such eminent domain proceedings shall be in the name of and had in the county where the property to be acquired is situate: PROVIDED, If either county shall fail or refuse to institute and prosecute any condemnation proceedings when directed so to do by any legal meeting provided for in RCW 86.13.050, such proceeding may be instituted and prosecuted by and in the name of the other county. The proceedings may conform to the provisions of *sections 921 to 926, inclusive, of Remington & Ballinger’s Annotated Codes and Statutes of Washington, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The awards in and costs of such proceedings shall be payable out of such funds. The purposes in this act specified are hereby declared to be county purposes of each and both of such counties. [1937 c 117 § 1; 1913 c 54 § 4; RRS § 9654. Formerly RCW 86.12.060, part, and 86.12.070.] 86.13.040 *Reviser’s note: "Sections 921 to 926, inclusive, of Remington & Ballinger’s Annotated Codes and Statutes" (except for section 923) are codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by 1935 c 115 § 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section. 86.13.050 Joint county meeting—Procedure. When such a contract shall have been entered into and occasion shall arise for the joint action of the two boards of county commissioners whether such joint action is provided for in 86.13.050 (2008 Ed.) Flood Control by Counties Jointly this chapter or otherwise desired upon any matter having relation to such contract or the prosecution of such improvement, such joint action may be secured by a notice calling a joint meeting signed by two county commissioners, designating the time and place in either county of such meeting, served by one of the two county auditors upon the remaining county commissioners at least seven days (exclusive of the date of service or mailing) prior to the time so designated. If the notice is signed by two county commissioners of the same county the place of meeting shall be at some place in the other county designated in the notice. Such service may be personal or by mail addressed to the member in care of the county auditor of his county. The six county commissioners may constitute a legal meeting without notice by being present together for that purpose. The auditor’s certificate of such personal service or mailing, attached to a copy of the notice, shall be made a part of the records of the meeting and be competent proof of the fact. Except in the case hereinafter provided for, the presence of four of the county commissioners shall be necessary to constitute a legal meeting. Each meeting shall be presided over by one of those present selected by vote. The county auditor of the county wherein the meeting is held shall be secretary of the meeting, and shall make duplicate record of its proceedings, one of which, with his certificate thereon, shall be forwarded to the county auditor of the other county, and such record shall be a part of the record of the board of county commissioners of each county. A majority vote of those present at any legal meeting shall be determinative upon any question properly considered at the meeting, and shall be binding upon each county as if enacted or adopted by its own board of county commissioners separately, but no joint meeting whatsoever shall in any manner continue, extend, change, alter, modify or abrogate the contract when made or any of the terms and conditions contained therein. Each county commissioner shall be paid out of said fund in his own county all disbursements made by him for traveling and other expenses incurred in attending any joint meeting or in any way connected with the prosecution of the improvement. Any legal meeting shall have power to adjourn to another time and place. An adjourned meeting shall have all the powers of the meeting of which it is an adjournment, but shall have no power after the end of the thirtieth day following the date of the original meeting of which it is an adjournment. If the three county commissioners of either county shall fail to attend any two meetings consecutively called, the notice for the next succeeding meeting may be also served upon the special commissioner hereinafter provided for, and if he and three county commissioners attend pursuant to such notice the four shall constitute a legal meeting, but if he does not so attend and three county commissioners do attend, the same shall constitute a legal meeting: PROVIDED, All notices calling a joint meeting shall specify distinctly and separately each question to be considered at said meeting; and it shall be unlawful to consider any question at such meeting or at any adjourned meeting thereof except those which have been distinctly and separately specified, except in cases where all six county commissioners are present or five county commissioners present are unanimous on the question, and in any action which may be taken on any question other than those specified in the notice shall be void and shall not be binding on either county, except in cases (2008 Ed.) 86.13.070 where all six county commissioners are present or the action was by unanimous vote of five county commissioners present at such meeting. [1913 c 54 § 5; RRS § 9655. Formerly RCW 86.12.060, part, and 86.12.120 through 86.12.140.] 86.13.060 86.13.060 Special commissioner—Powers and duties—Compensation. When such a contract shall have been entered into there shall be designated at the first legal joint meeting, or adjournment thereof, held in each calendar year a special commissioner to serve as such until the first joint meeting held in the ensuing year. If such designation shall not be made at any such first annual meeting, the United States engineer in charge of the district in which such improvement is located shall be such special commissioner until the next succeeding first annual meeting. If a special commissioner shall for any reason fail to serve as such officer, or be removed by unanimous vote of any legal meeting, a successor to him may be chosen at any subsequent legal joint meeting during his term. Such special commissioner shall have power to attend and vote at any joint meeting in the following cases and none other, to wit: (1) In cases specially so provided in RCW 86.13.050 hereof; (2) in any case where the vote of any such joint meeting shall stand equally divided upon any question arising under this chapter or such contract or in the prosecution of the work of improvement. The special commissioner shall have no voice or vote except upon questions on which the vote of the county commissioners is equally divided. The procedure in cases covered by the foregoing subdivision (2) of this section shall be substantially as follows: It shall be the duty of the secretary of the meeting at which the division shall occur, if the attendance of the special commissioner at that meeting is not secured, to forthwith transmit to the special commissioner written notice of the fact of disagreement and the question involved, and of the time and place to which the meeting shall have been adjourned or at which the question will recur. If there shall be no such adjournment of the meeting, or if the secretary shall not give such notice, any two commissioners may in the manner provided in RCW 86.13.050 call a joint meeting for the consideration of the question in dispute, and in such event either county auditor may give such notice to the special commissioner. No informality in the mode of securing the attendance of the special commissioner shall invalidate the proceedings of or any vote taken at any meeting which he shall attend and which he is empowered to attend by the provisions of this chapter. The special commissioner shall receive, to be paid equally out of the two funds, his traveling and other expenses incurred in attending meetings or otherwise in connection with the work of improvement, and such compensation for his services as shall be fixed by the joint meeting which shall have selected him, or failing to be so fixed, his compensation shall be ten dollars per day of actual service. [1913 c 54 § 6; RRS § 9656. Formerly RCW 86.12.150 and 86.12.160.] 86.13.070 86.13.070 Chapter not exclusive. Nothing in this chapter contained shall be construed to prevent any county which may be a party to such contract from further caring for any such river or the banks thereof, as authorized so to do by existing laws or by such laws as may be hereafter enacted, provided the rights of neither county, as fixed by contract, [Title 86 RCW—page 23] 86.13.080 Title 86 RCW: Flood Control shall be impaired thereby. [1913 c 54 § 7; RRS § 9657. Formerly RCW 86.12.190.] 86.13.080 Liability as between counties. No legal claim of any kind or character whatsoever in favor of one county and against the other shall be based upon or created by the enactment hereof, except such as may arise when the contract herein provided for shall have been entered into. After such contract shall have been entered into, should any loss or damage be sustained by either county occasioned by the overflow of any such river, if caused by any act or omission to act of the other county, its officers or agents, or any other cause whatsoever, then such county so suffering or sustaining said loss shall not be entitled to recover therefor from the other county, nor shall any cause of action, legal or equitable be based thereon: PROVIDED, HOWEVER, That if either county shall suffer loss or damage because of the failure or refusal of the other county to perform any such contract on its part to be performed, the injured county shall have a cause of action against the defaulting county to recover the same, but the limit of recovery for any loss or damage suffered in any one year shall not exceed the sum of ten thousand dollars, and any such recovery shall be limited to such special fund, and in no event be recoverable out of the general fund of such defaulting county. If any such loss or damage shall be liquidated in an amount by agreement or by judgment, the defaulting county shall increase its tax levy for said special fund for the ensuing year sufficiently to provide for such liquidated amount: AND PROVIDED FURTHER, That either county may have any proper action in the courts to compel the performance of the contract or any duty imposed thereby or by this chapter. [1913 c 54 § 8; RRS § 9658. Formerly RCW 86.12.170.] 86.13.080 missioners, and attested by the secretary of said joint meeting where the sale is authorized. The proceeds of the sale of said property shall be used by said counties for the carrying on, completion or maintenance of said improvement, as directed by the boards of county commissioners of said counties acting jointly. [1915 c 103 § 1; RRS § 9660. Formerly RCW 86.12.080.] Construction—1915 c 103: "This act is not intended to modify, change, alter or amend chapter 54 of the Session Laws of 1913 [RCW 86.13.010 through 86.13.090]." [1915 c 103 § 2.] 86.13.110 State’s title to abandoned channels granted to counties. Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in connection with the course, channel or flow of a river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct improvements intended so to do, all the right, title and interest of the state of Washington in and to said abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall be and the same is hereby given, granted and conveyed jointly to the counties making such improvement. [1915 c 140 § 1; RRS § 9662. Formerly RCW 86.12.090.] 86.13.110 IMMUNITY FROM LIABILITY 86.13.120 Liability of county or counties to others. See RCW 86.12.037. 86.13.120 Chapter 86.15 86.13.090 Issuance of warrants. When such a contract shall have been entered into, it shall be lawful to issue warrants upon said fund though there be at the time of such issuance no money in the fund, but in such cases the aggregate of such warrants so issued in any year shall not exceed one-half the amount of the next annual tax levy required by such contract. Such warrants shall be stamped by the county treasurer when presented to him for payment, to bear interest at a certain rate thereafter until paid, such rate to be the then current rate as determined by the county auditor. [1913 c 54 § 9; RRS § 9659. Formerly RCW 86.12.110.] 86.13.090 JOINT COUNTY CONTROL—SUPPLEMENTAL ACTS 86.13.100 Lease or disposal of property—Disposition of proceeds. Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in connection with the course, channel or flow of a river, shall acquire property by statute, purchase, gift or otherwise, said counties, acting through their boards of county commissioners jointly shall have the power, and are hereby authorized to sell, transfer, trade, lease, or otherwise dispose of said property by public or private, negotiation or sale. The deeds to the property so granted, transferred, leased or sold shall be executed by the chairman of the meeting of the joint boards of county com86.13.100 [Title 86 RCW—page 24] Chapter 86.15 RCW FLOOD CONTROL ZONE DISTRICTS Sections 86.15.001 86.15.010 86.15.020 86.15.023 86.15.025 86.15.030 86.15.035 86.15.050 86.15.055 86.15.060 86.15.070 86.15.080 86.15.090 86.15.095 86.15.100 86.15.110 86.15.120 86.15.130 86.15.140 86.15.150 86.15.160 86.15.162 86.15.165 Actions subject to review by boundary review board. Definitions. Zones—Creation. Zones not to include area in other zones. Districts incorporating watersheds authorized—Subzones authorized—Creation, procedure—Administration—Powers. Districts incorporating watersheds authorized—Formation, hearing and notice. Cooperative watershed management. Zones—Supervisors—Election of supervisors. Elected supervisors—Compensation. Administration. Advisory committees. General powers. Extraterritorial powers. Zones constitute quasi municipal corporation—Constitutional and statutory powers. Flood control or storm water control improvements—Authorization. Flood control or storm water control improvements—Initiation—Comprehensive plan. Flood control or storm water control improvements—Hearing, notice. Zone treasurer—Funds. Budget. County aid. Excess levies, assessments, regular levies, and charges—Local improvement districts. Delinquent assessment—Sale of parcel—Accrual of interest. Voluntary assessments for flood control or storm water control improvements—Procedure—Disposition of proceeds—Use. (2008 Ed.) Flood Control Zone Districts 86.15.170 86.15.175 86.15.176 86.15.178 86.15.180 86.15.190 86.15.200 86.15.210 86.15.220 86.15.230 86.15.900 86.15.910 86.15.920 General obligation bonds. Community revitalization financing—Public improvements. Service charges authorized—Disposition of revenue. Revenue bonds—Lien for delinquent service charges. Protection of public property. Abatement of nuisances. Flood control zones—Consolidation, abolishment. Transfer of property. Planning of improvements. Public necessity of chapter. Severability—Construction—1961 c 153. Construction of chapter. Titles not part of the chapter. Dissolution of inactive special purpose districts: Chapter 36.96 RCW. Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93 RCW. 86.15.001 Actions subject to review by boundary review board. The creation of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Extensions of service outside of the boundaries of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 65.] 86.15.001 86.15.010 Definitions. The definitions set forth in this section apply through this chapter. (1) "Board" means the county legislative authority. (2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones. (3) "Flood waters" and "storm waters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or property. (4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or storm water control improvement. (5) "Storm water control improvement" means any works, projects, or other facilities necessary to control and treat storm water within the county or any zone or zones. (6) "Supervisors" means the board of supervisors, or governing body, of a zone. (7) "Zones" means flood control zone districts which are quasi municipal corporations of the state of Washington created by this chapter. [1983 c 315 § 11; 1961 c 153 § 1.] 86.15.010 Severability—1983 c 315: See note following RCW 90.03.500. 86.15.020 Zones—Creation. The board may initiate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining flood control projects or storm water control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by twentyfive percent of the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall incorporate the terms of the petition in a resolution within forty days after receiving the petition from the county auditor. Thereafter, the procedures for establishing a zone shall be the 86.15.020 (2008 Ed.) 86.15.025 same whether initiated by motion of the board or by a petition of electors. Petitions shall be in a form prescribed and approved by the county auditor and shall include the necessary legal descriptions and other information necessary for establishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall thereafter certify the sufficiency of the petition within forty-five days. If the petition is found to meet the requirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors. [1983 c 315 § 12; 1961 c 153 § 2.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.023 Zones not to include area in other zones. A board may not establish a zone including an area located in another zone unless this area is removed from the other zone, or the other zone is dissolved, as part of the action creating the new zone. [1991 c 322 § 9.] 86.15.023 Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. 86.15.025 Districts incorporating watersheds authorized—Subzones authorized—Creation, procedure— Administration—Powers. (1) The board is authorized to establish a countywide flood control zone district incorporating the boundaries of any and all watersheds located within the county which are not specifically organized into flood control zone districts established pursuant to chapter 86.15 RCW. Upon establishment of a countywide flood control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzones and such subzones shall then be operated and be legally established in the same manner as any flood control zone district established pursuant to chapter 86.15 RCW. (2) Countywide flood control zone districts shall be established pursuant to the requirements of RCW 86.15.020, 86.15.030 and *86.15.040 as now law of [or] hereafter amended. Subzones established from countywide flood control zone districts shall be established by resolution of the board and the provisions of RCW 86.15.020, 86.15.030 and shall not apply to the establishment of such subzone as authorized by this section. (3) Such subzones shall be operated and administered in the same manner as any other flood control zone district in accordance with the provisions of chapter 86.15 RCW. (4) Such subzones shall have authority to exercise any and all powers conferred by the provisions of RCW 86.15.080 as now law or hereafter amended. (5) The board shall exercise the same power, authority, and responsibility over such subzones as it exercises over flood control zone districts in accordance with the provisions of chapter 86.15 RCW as now law or hereafter amended, and without limiting the generality of this subsection, the board may exercise over such subzones, the powers granted to it by RCW 86.15.160, 86.15.170, 86.15.176 and 86.15.178 as now law or hereafter amended. [1969 ex.s. c 195 § 1.] 86.15.025 [Title 86 RCW—page 25] 86.15.030 Title 86 RCW: Flood Control *Reviser’s note: RCW 86.15.040 was repealed by 1991 c 322 § 13. 86.15.030 Districts incorporating watersheds authorized—Formation, hearing and notice. Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publicatio n sh all b e had in the manner prov ided in RCW 36.32.120(7). At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a countywide flood control zone district authorized to be created by RCW 86.15.025. Within ten days after final hearing on a resolution, the board shall issue its order. [1969 ex.s. c 195 § 2; 1961 c 153 § 3.] 86.15.030 86.15.035 Cooperative watershed management. In addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management. [2003 c 327 § 19.] 86.15.035 Finding—Intent—2003 c 327: See note following RCW 39.34.190. 86.15.050 Zones—Supervisors—Election of supervisors. (1) The board of county commissioners of each county shall be ex officio, by virtue of their office, supervisors of the zones created in each county. In any zone with more than two thousand residents, an election of supervisors other than the board of county commissioners may be held as provided in this section. (2) When proposed by citizen petition or by resolution of the board of county commissioners, a ballot proposition authorizing election of the supervisors of a zone shall be submitted by ordinance to the voters residing in the zone at any general election, or at any special election which may be called for that purpose. (3) The ballot proposition shall be submitted (a) if the board of county supervisors enacts an ordinance submitting the proposition after adopting a resolution proposing the election of supervisors of a zone; or (b) if a petition proposing the election of supervisors of a zone is submitted to the county 86.15.050 [Title 86 RCW—page 26] auditor of the county in which the zone is located that is signed by registered voters within the zone, numbering at least fifteen percent of the votes cast in the last county general election by registered voters within the zone. (4) Upon receipt of a citizen petition under subsection (3)(b) of this section, the county auditor shall determine whether the petition is signed by a sufficient number of registered voters, using the registration records and returns of the preceding general election, and, no later than forty-five days after receipt of the petition, shall attach to the petition the auditor’s certificate stating whether or not sufficient signatures have been obtained. If the signatures are found by the auditor to be insufficient, the petition shall be returned to the person filing it. (5) The ballot proposition authorizing election of supervisors of zones shall appear on the ballot of the next general election or at the next special election date specified under *RCW 29.13.020 occurring sixty or more days after the last resolution proposing election of supervisors or the date the county auditor certifies that the petition proposing such election contains sufficient valid signatures. (6) The petition proposing the election of zone supervisors, or the ordinance submitting the question to the voters, shall describe the proposed election process. The ballot proposition shall include the following: â "For the direct election of flood control zone district supervisors." â "Against the direct election of flood control zone district supervisors." (7) The ordinance or petition submitting the ballot proposition shall designate the proposed composition of the supervisors of zones, which shall be clearly described in the ballot proposition. The ballot proposition shall state that the zone supervisors shall thereafter be selected by election, and, at the same election at which the proposition is submitted to the voters as to whether to elect zone supervisors, three zone supervisors shall be elected. The election of zone supervisors is null and void if the voters, by a simple majority, do not approve the direct election of the zone supervisors. Candidates shall run for specific supervisor positions. No primary may be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a supervisor. The staggering of the terms of office shall occur as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the second greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an evennumbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial supervisors shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all supervisors shall be elected to six-year terms of office. All (2008 Ed.) Flood Control Zone Districts supervisors shall serve until their respective successors are elected and qualified and assume office in accordance with **RCW 29.04.170. Vacancies may occur and shall be filled as provided in chapter 42.12 RCW. (8) The costs and expenses directly related to the election of zone supervisors shall be borne by the zone. [2003 c 304 § 1; 1961 c 153 § 5.] Reviser’s note: *(1) RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004. **(2) RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004. 86.15.055 Elected supervisors—Compensation. In a zone with supervisors elected pursuant to RCW 86.15.050, the supervisors may each receive up to seventy dollars for attendance at official meetings of the supervisors and for each day or major part thereof for all necessary services actually performed in connection with their duties as a supervisor. The board of county commissioners shall fix any such compensation to be paid to the initial supervisors during their initial terms of office. The supervisors shall fix the compensation to be paid to the supervisors thereafter. Compensation for the supervisors shall not exceed six thousand seven hundred twenty dollars in one calendar year. A supervisor is entitled to reimbursement for reasonable expenses actually incurred in connection with performance of the duties of a supervisor, including subsistence and lodging, while away from the supervisor’s place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW. Any supervisor may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the supervisors as provided in this section. The waiver, to be effective, must be filed any time after the member’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. [2005 c 127 § 2.] 86.15.055 Effective date—2005 c 127: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 21, 2005]." [2005 c 127 § 3.] 86.15.060 Administration. (1) Except as provided in subsection (2) of this section, administration of the affairs of zones shall be in the county engineer. The engineer may appoint such deputies and engage such employees, specialists, and technicians as may be required by the zone and as are authorized by the zone’s budget. Subject to the approval of the supervisors, the engineer may organize, or reorganize as required, the zone into such departments, divisions, or other administrative relationships as he deems necessary to its efficient operation. (2) In a zone with supervisors elected pursuant to RCW 86.15.050, the supervisors may provide for administration of the affairs of the zone by other than the county engineer, pursuant to the authority established in RCW 86.15.095 to hire employees, staff, and services and to enter into contracts. [2005 c 127 § 1; 1961 c 153 § 6.] 86.15.060 Effective date—2005 c 127: See note following RCW 86.15.055. (2008 Ed.) 86.15.090 86.15.070 Advisory committees. The board may appoint a county-wide advisory committee, which shall consist of not more than fifteen members. The board also may appoint an advisory committee for any zone or combination of two or more zones which committees shall consist of not more than five members. Members of an advisory committee shall serve without pay and shall serve at the pleasure of the board. [1967 ex.s. c 136 § 6; 1961 c 153 § 7.] 86.15.070 86.15.080 General powers. A zone or participating zone may: (1) Exercise all the powers vested in a county for flood water or storm water control purposes under the provisions of chapters 86.12, 86.13, 36.89, and 36.94 RCW: PROVIDED, That in exercising such powers, all actions shall be taken in the name of the zone and title to all property or property rights shall vest in the zone; (2) Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and storm waters and to otherwise carry out the purposes of this chapter including, but not limited to, protection of the quality of water sources; (3) Take action necessary to protect life and property within the district from flood water damage; (4) Control, conserve, retain, reclaim, and remove flood waters and storm waters, including waters of lakes and ponds within the district, and dispose of the same for beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the acquisition by the board of appropriate water rights in accordance with the statutes; (5) Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: PROVIDED, That property of municipal corporations may not be acquired without the consent of such municipal corporation; (6) Sue and be sued in the name of the zone; (7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands as are surplus to the needs of the zone in the manner provided for the disposal of county property in chapter 36.34 RCW; (8) Cooperate with or join with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, or any private corporation or individual for the purposes of this chapter; (9) Accept funds or property by loan, grant, gift or otherwise from the United States, the state of Washington, or any other public or private source; (10) Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses: PROVIDED, That such material shall become property of the zone and may be sold for the purpose of recovering the cost of removal: PROVIDED FURTHER, That valuable material or minerals removed from public lands shall remain the property of the state. [1983 c 315 § 13; 1961 c 153 § 8.] 86.15.080 Severability—1983 c 315: See note following RCW 90.03.500. 86.15.090 Extraterritorial powers. A zone may, when necessary to protect life and property within its limits from 86.15.090 [Title 86 RCW—page 27] 86.15.095 Title 86 RCW: Flood Control flood water, exercise any of its powers specified in RCW 86.15.080 outside its territorial limits. [1961 c 153 § 9.] 86.15.095 86.15.095 Zones constitute quasi municipal corporation—Constitutional and statutory powers. A flood control zone district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution. A flood control zone district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued. [1983 c 315 § 6.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.100 86.15.100 Flood control or storm water control improvements—Authorization. The supervisors may authorize the construction, extension, enlargement, or acquisition of necessary flood control or storm water control improvements within the zone or any participating zones. The improvements may include, but shall not be limited to the extension, enlargement, construction, or acquisition of dikes and levees, drain and drainage systems, dams and reservoirs, or other flood control or storm water control improvements; widening, straightening, or relocating of stream or water courses; and the acquisition, extension, enlargement, or construction of any works necessary for the protection of stream and water courses, channels, harbors, life, and property. [1983 c 315 § 14; 1961 c 153 § 10.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.110 86.15.110 Flood control or storm water control improvements—Initiation—Comprehensive plan. Flood control or storm water control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify: (1) Whether the improvement is to be extended, enlarged, acquired, or constructed; (2) That either: (a) A comprehensive plan of development for flood control has been prepared for the stream or water course upon which the improvement will be enlarged, extended, acquired, or constructed, and that the improvement generally contributes to the objectives of the comprehensive plan of development: PROVIDED, That the plan shall be first submitted to the state department of ecology at least ninety days in advance of the beginning of any flood control project or improvement; and shall be subject to all the regulatory control provisions by the department of ecology as provided in chapter 86.16 RCW; or (b) A comprehensive plan of development for storm water control has been prepared for the area that will be served by the proposed storm water control facilities; [Title 86 RCW—page 28] (3) If the improvement is to be constructed, that preliminary engineering studies and plans have been made, and that the plans and studies are on file with the county engineer; (4) The estimated cost of the acquisition or construction of the improvement, together with such supporting data as will reasonably show how the estimates were arrived at; and (5) That the improvement will benefit: (a) Two or more zones, hereinafter referred to as participating zones; or (b) A single zone; or (c) The county as a whole, as well as a zone or participating zones. [1983 c 315 § 15; 1961 c 153 § 11.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.120 Flood control or storm water control improvements—Hearing, notice. Before finally adopting a resolution to undertake any flood control improvement or storm water control improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearing shall be given under RCW 36.32.120(7). The supervisors may conduct any such hearing concurrently with a hearing on the establishment of a flood control zone, and may in such case designate the proposed zone a beneficiary of any improvement. [1983 c 315 § 16; 1961 c 153 § 12.] 86.15.120 Severability—1983 c 315: See note following RCW 90.03.500. 86.15.130 Zone treasurer—Funds. The treasurer of each zone shall be the county treasurer. He shall establish within his office a zone flood control fund for each zone into which shall be deposited the proceeds of all tax levies, assessments, gifts, grants, loans, or other revenues which may become available to a zone. The treasurer shall also establish the following accounts within the zone fund: (1) For each flood control improvement financed by a bond issue, an account to which shall be deposited the proceeds of any such bond issue; and (2) An account for each outstanding bond issue to which will be deposited any revenues collected for the retirement of such outstanding bonds or for the payment of interest or charges thereon; and (3) A general account to which all other receipts of the zone shall be deposited. [1961 c 153 § 13.] 86.15.130 86.15.140 Budget. The supervisors shall annually at the same time county budgets are prepared adopt a budget for the zone, which budget shall be divided into the following appropriation items: (1) Overhead and administration; (2) maintenance and operation; (3) construction and improvements; and (4) bond retirement and interest. In preparing the budget, the supervisors shall show the total amount to be expended in each appropriation item and the proportionate share of each appropriation item to be paid from each account of the zone. In preparing the annual budget, the supervisors shall under the appropriation item of construction and improvement list each flood control improvement or storm water control improvement and the estimated expenditure to be made for each during the ensuing year. The supervisors may at any time during the year, if additional funds become available to 86.15.140 (2008 Ed.) Flood Control Zone Districts the zone, adopt a supplemental budget covering additional authorized improvements. The zone budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be given as provided by RCW 36.32.120(7). [1983 c 315 § 17; 1961 c 153 § 14.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.150 County aid. Whenever the supervisors have found under the provisions of RCW 86.15.110 that a flood control improvement or storm water control improvement initiated by any zone will be of benefit to the county as a whole, as well as to the zone or participating zones; or whenever the supervisors have found that the maintenance and operation of any flood control improvement or storm water control improvement within any zone will be of benefit to the overall flood control program or storm water control program of the county, the board may authorize the transfer of any funds available to the county for flood control or storm water control purposes to any zone or participating zones for flood control or storm water control purposes. [1983 c 315 § 18; 1961 c 153 § 15.] 86.15.150 Severability—1983 c 315: See note following RCW 90.03.500. 86.15.160 Excess levies, assessments, regular levies, and charges—Local improvement districts. For the purposes of this chapter the supervisors may authorize: (1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054; (2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW; (3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies; (4) A charge, under RCW 36.89.080, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. The rate or charge imposed under this section shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested; (5) Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consid86.15.160 (2008 Ed.) 86.15.165 eration may be made of in-kind services, such as stream improvements or donation of property; (6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW. [2003 c 394 § 8; 1986 c 278 § 60; 1983 c 315 § 19; 1973 1st ex.s. c 195 § 131; 1961 c 153 § 16.] Severability—1986 c 278: See note following RCW 36.01.010. Severability—1983 c 315: See note following RCW 90.03.500. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145. 86.15.162 Delinquent assessment—Sale of parcel— Accrual of interest. If the delinquent assessment remains unpaid on the date fixed for the sale under RCW 86.09.496 and 86.09.499, the parcel shall be sold in the same manner as provided under *RCW 87.03.310 through 87.03.330. If the district reconveys the land under *RCW 87.03.325 due to accident, inadvertence, or misfortune, however, interest shall accrue not at the rate provided in RCW 87.03.270, but at the rate provided in RCW 86.09.505. [1983 c 315 § 7.] 86.15.162 *Reviser’s note: RCW 87.03.310 through 87.03.330 were repealed by 1988 c 134 § 15. Later enactment, see chapter 87.06 RCW. Severability—1983 c 315: See note following RCW 90.03.500. 86.15.165 Voluntary assessments for flood control or storm water control improvements—Procedure—Disposition of proceeds—Use. The supervisors may provide by resolution for levying voluntary assessments, under a mode of annual installments extending over a period not exceeding fifteen years, on property benefited from a flood control improvement or storm water control improvement. The voluntary assessment shall be imposed only after each owner of property benefited by the flood control improvement has agreed to the assessment by written agreement with the supervisors. The agreement shall be recorded with the county auditor and the obligations under the agreement shall be binding upon all heirs and all successors in interest of the property. The voluntary assessments need not be uniform or directly related to benefits to the property from the flood control improvement or storm water control improvement. The levying, collection, and enforcement authorized in this section shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as those provisions are not inconsistent with the provisions of this chapter. The disposition of all proceeds from voluntary assessments shall be in accordance with RCW 86.15.130. The proceeds from voluntary assessments may be used for any flood control improvement or storm water control improvement not inconsistent with the provisions of this chapter, and in addition the proceeds may be used for opera86.15.165 [Title 86 RCW—page 29] 86.15.170 Title 86 RCW: Flood Control tion and maintenance of flood control improvements or storm water control improvements constructed under the authority of this chapter. [1983 c 315 § 20; 1969 ex.s. c 195 § 3.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.170 General obligation bonds. The supervisors may authorize the issuance of general obligation bonds to finance any flood control improvement or storm water control improvement and provide for the retirement of the bonds with ad valorem property tax levies. The general obligation bonds may be issued and the bond retirement levies imposed only when the voters of the flood control zone district approve a ballot proposition authorizing both the bond issuance and imposition of the excess bond retirement levies pursuant to Article VIII, section 6 and Article VII, section 2(b) of the state Constitution and RCW 84.52.056. Elections shall be held as provided in RCW 39.36.050. The bonds shall be issued on behalf of the zone or participating zones and be approved by the voters of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. The bonds may not exceed an amount, together with any outstanding general obligation indebtedness, equal to three-fourths of one percent of the value of taxable property within the zone or participating zones, as the term "value of the taxable property" is defined in RCW 39.36.015. The bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1984 c 186 § 62. Prior: 1983 c 315 § 21; 1983 c 167 § 211; 1961 c 153 § 17.] 86.15.170 Purpose—1984 c 186: See note following RCW 39.46.110. Severability—1983 c 315: See note following RCW 90.03.500. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 86.15.175 Community revitalization financing— Public improvements. In addition to other authority that a flood control zone district possesses, a flood control zone district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050. This section does not limit the authority of a flood control zone district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 23.] 86.15.175 Severability—2001 c 212: See RCW 39.89.902. 86.15.176 Service charges authorized—Disposition of revenue. The supervisors may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits from a flood control improvement including public entities, except as otherwise provided in RCW 90.03.525. The service charge shall be uniform for the same class of benefits or service. In classifying services furnished or benefits received the board may in its discretion consider the character and use of land and its water runoff characteristics and any other matters that present a reasonable difference as a ground for distinction. Service charges shall be applicable to a zone or participating zones. The disposition of all revenue from service charges shall be 86.15.176 [Title 86 RCW—page 30] in accordance with RCW 86.15.130. [1986 c 278 § 61; 1983 c 315 § 22; 1967 ex.s. c 136 § 7.] Severability—1986 c 278: See note following RCW 36.01.010. Severability—1983 c 315: See note following RCW 90.03.500. 86.15.178 Revenue bonds—Lien for delinquent service charges. (1) The supervisors may authorize the issuance of revenue bonds to finance any flood control improvement or storm water control improvement. The bonds may be issued by the supervisors in the same manner as prescribed in RCW 36.67.510 through 36.67.570 pertaining to counties. The bonds shall be issued on behalf of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. The bonds may be in any form, including bearer bonds or registered bonds. Each revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating the fund. Revenue bond principal, interest, and all other related necessary expenses shall be payable only out of the appropriate special fund. A zone or participating zones shall have a lien for delinquent service charges, including interest thereon, against the premises benefited by a flood control improvement or storm water control improvement, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The lien shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1991 c 322 § 10. Prior: 1983 c 315 § 23; 1983 c 167 § 212; 1967 ex.s. c 136 § 8.] 86.15.178 Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. Severability—1983 c 315: See note following RCW 90.03.500. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 86.15.180 Protection of public property. Any agency or department of the state of Washington, or any political subdivision or municipal corporation of the state may contribute funds to the county or any zone or zones to assist the county, zone or zones in carrying out the purposes of this chapter when such agency, department, subdivision or municipal corporation finds such action will materially contribute to the protection of publicly owned property under its jurisdiction. [1961 c 153 § 18.] 86.15.180 86.15.190 Abatement of nuisances. The supervisors may order, on behalf of the zone or participating zones, that an action be brought in the superior court of the county to require the removal of publicly or privately owned structures, improvements, facilities, or accumulations of debris or materials that materially contribute to the dangers of loss of life or property from flood waters. Where the structures, improvements, facilities, or accumulations of debris or materials are found to endanger the public health or safety the court shall 86.15.190 (2008 Ed.) Floodplain Management declare them a public nuisance, and forthwith order their abatement. If the abatement is not completed within the time ordered by the court, the county may abate the nuisance and charge the cost of the action against the land upon which the nuisance is located, and the payment of the charge may be enforced and collected in the same manner at the same time as county property taxes. [1983 c 315 § 24; 1961 c 153 § 19.] Severability—1983 c 315: See note following RCW 90.03.500. 86.15.200 Flood control zones—Consolidation, abolishment. The board may consolidate any two or more zones or abolish any zone pursuant to a resolution adopted by the board providing for such action. Before adopting such a resolution, the board shall conduct a public hearing notice of which shall be given as provided by RCW 36.32.120(7). Any indebtedness of any zone or zones which are abolished or consolidated shall not be impaired by their abolishment or consolidation, and the board shall continue to levy and collect all necessary taxes and assessments until such debts are retired. Whenever twenty-five percent of the electors of any zone file a petition, meeting the requirements of sufficiency set forth in RCW 86.15.020, asking that a zone be abolished, the board shall: (1) Adopt a resolution abolishing the zone or (2) at the next general election place a proposition on the ballot calling for a yes or no vote on the abolition of the zone. [1961 c 153 § 20.] 86.15.200 86.15.210 Transfer of property. A diking, drainage, or sewerage improvement district, flood control district, diking district, drainage district, intercounty diking and drainage district, or zone may convey title to any property improvements or assets of the districts or zone to the county or a zone for flood control purposes. If the property improvements or assets are surplus to the needs of the district or zone the transfer may be made by private negotiations, but in all other cases the transfers are subject to the approval of a majority of the registered voters within the district or zone. Nothing in this section permits any district or zone to impair the obligations of any debt or contract of the district or zone. [1983 c 315 § 25; 1961 c 153 § 21.] other persons or circumstances shall not be affected. [1961 c 153 § 24.] 86.15.910 Construction of chapter. This chapter shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations contained shall not apply to this chapter. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. [1961 c 153 § 25.] 86.15.910 86.15.920 Titles not part of the chapter. The section titles shall not be considered a part of this chapter. [1961 c 153 § 26.] 86.15.920 Chapter 86.16 Chapter 86.16 RCW FLOODPLAIN MANAGEMENT (Formerly: Flood control zones by state) Sections 86.16.010 86.16.020 86.16.025 86.16.031 86.16.035 86.16.041 86.15.210 Severability—1983 c 315: See note following RCW 90.03.500. 86.16.010 86.16.045 86.16.051 86.16.061 86.16.071 86.16.081 86.16.110 86.16.120 86.16.130 86.16.150 86.16.160 86.16.180 86.16.190 86.16.900 Statement of policy—State control assumed. Floodplain management regulation. Authority of department. Duties of the department of ecology. Department of ecology—Control of dams and obstructions. Floodplain management ordinances and amendments—Filing with the department of ecology—Disapproval by the department—Adoption of rules for repair or replacement of existing residential structures. Adoption of ordinances or requirements that exceed minimum federal requirements. Basis for state and local floodplain management. Adoption of rules. Chapter not to create liability for damages against the state. Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority. Appeals. Flood damages defined. Supervisor’s other powers and duties unaffected by chapter. Severability—1935 c 159. Local programs not prevented. Processing of permits and authorizations for emergency water withdrawal and facilities to be expedited. Livestock flood sanctuary areas. Chapter liberally construed. 86.16.010 Statement of policy—State control assumed. The legislature finds that the alleviation of recurring flood damages to public and private property and to the public health and safety is a matter of public concern. As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police powers, hereby assumes full regulatory control over the navigable and nonnavigable waters flowing or lying within the borders of the state subject always to the federal control of navigation, to the extent necessary to accomplish the objects of this chapter. In addition, in an effort to alleviate flood damage and expenditures of government funds, the federal government adopted the national flood insurance act of 1968 and subsequently the flood disaster protection act of 1973. The department of ecology is the state agency in Washington responsible for coordinating the floodplain management regulation elements aspects of the national flood insurance program. [1987 c 523 § 1; 1935 c 159 § 1; RRS § 9663A-1.] 86.16.010 86.15.220 Planning of improvements. Nothing in this chapter shall be construed as limiting the right of counties under the provisions of chapters 86.12 and 86.13 RCW to undertake the planning or engineering studies necessary for flood control improvements or financing the same from any funds available for such purposes. [1961 c 153 § 22.] 86.15.220 86.15.230 Public necessity of chapter. This chapter is hereby declared to be necessary for the public health, safety, and welfare and that the taxes and special assessments authorized hereby are found to be for a public purpose. [1961 c 153 § 23.] 86.15.230 86.15.900 Severability—Construction—1961 c 153. If any provision of this chapter, as now or hereafter amended, or its application to any person or circumstance is held invalid, the remainder of the chapter, and its application to 86.15.900 (2008 Ed.) [Title 86 RCW—page 31] 86.16.020 Title 86 RCW: Flood Control 86.16.020 Floodplain management regulation. Statewide floodplain management regulation shall be exercised through: (1) Local governments’ administration of the national flood insurance program regulation requirements, (2) the establishment of minimum state requirements for floodplain management that equal the minimum federal requirements for the national flood insurance program, and (3) the issuance of regulatory orders. This regulation shall be exercised over the planning, construction, operation and maintenance of any works, structures and improvements, private or public, which might, if improperly planned, constructed, operated and maintained, adversely influence the regimen of a stream or body of water or might adversely affect the security of life, health and property against damage by flood water. [1989 c 64 § 1; 1987 c 523 § 2; 1935 c 159 § 3; RRS § 9663A-3. FORMER PART OF SECTION: 1939 c 85 § 1 now codified as RCW 86.16.025 and 86.16.027.] 86.16.020 Appeal of orders under RCW 86.16.020: RCW 43.21B.310. 86.16.025 Authority of department. Subject to RCW 43.21A.068, with respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified upon the banks or in or over the channel or over and across the floodway of any stream or body of water in this state. [1995 c 8 § 4; 1989 c 64 § 2; 1987 c 109 § 50; 1939 c 85 § 1; 1935 c 159 § 6; RRS § 9663A-6. Formerly RCW 86.16.020, part.] 86.16.025 Findings—1995 c 8: See note following RCW 43.21A.064. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 86.16.031 Duties of the department of ecology. The department of ecology shall: (1) Review and approve county, city, or town floodplain management ordinances pursuant to RCW 86.16.041; (2) When requested, provide guidance and assistance to local governments in development and amendment of their floodplain management ordinances; (3) Provide technical assistance to local governments in the administration of their floodplain management ordinances; (4) Provide local governments and the general public with information related to the national flood insurance program; (5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the floodplain that are not in compliance with local, state, or federal floodplain management requirements; (6) Establish minimum state requirements that equal minimum federal requirements for the national flood insurance program; (7) Assist counties, cities, and towns in identifying the location of the one hundred year floodplain, and petitioning the federal government to alter its designations of where the one hundred year floodplain is located if the federally recognized location of the one hundred year floodplain is found to be inaccurate; and 86.16.031 [Title 86 RCW—page 32] (8) Establish minimum state requirements for specific floodplains that exceed the minimum federal requirements for the national flood insurance program, but only if: (a) The location of the one hundred year floodplain has been reexamined and is certified by the department as being accurate; (b) negotiations have been held with the affected county, city, or town over these regulations; (c) public input from the affected community has been obtained; and (d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety. [1989 c 64 § 3; 1987 c 523 § 3.] 86.16.035 Department of ecology—Control of dams and obstructions. Subject to RCW 43.21A.068, the department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which he deems necessary for the protection to life and property below such works from flood waters. [1995 c 8 § 5. Prior: 1987 c 523 § 9; 1987 c 109 § 53; 1935 c 159 § 8; RRS § 9663A-8. Formerly RCW 86.16.030, part.] 86.16.035 Findings—1995 c 8: See note following RCW 43.21A.064. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 86.16.041 Floodplain management ordinances and amendments—Filing with the department of ecology— Disapproval by the department—Adoption of rules for repair or replacement of existing residential structures. (1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new floodplain management ordinance or amendment to any existing floodplain management ordinance. Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period. (2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following: (a) Restriction of land uses within designated floodways including the prohibition of construction or reconstruction, repair, or replacement of residential structures, except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed fifty percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code or building enforcement official and which are the minimum necessary to ensure safe living conditions shall not be included in the fifty percent determination. However, the floodway prohibition in this subsection does not apply to existing farmhouses in designated floodways that meet the provisions of subsection (3) of this section, or to substantially damaged residential structures other than farmhouses that meet the depth and 86.16.041 (2008 Ed.) Floodplain Management velocity and erosion analysis in subsection (4) of this section, or to structures identified as historic places; (b) The minimum requirements of the national flood insurance program; and (c) The minimum state requirements adopted pursuant to RCW 86.16.031(8) that are applicable to the particular county, city, or town. (3) Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the following: (a) The new farmhouse is a replacement for an existing farmhouse on the same farm site; (b) There is no potential building site for a replacement farmhouse on the same farm outside the designated floodway; (c) Repairs, reconstruction, or improvements to a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse; (d) A replacement farmhouse shall not exceed the total square footage of encroachment of the farmhouse it is replacing; (e) A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within ninety days after occupancy of a new farmhouse; (f) For substantial improvements, and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is a minimum of one foot higher than the base flood elevation; (g) New and replacement water supply systems are designed to eliminate or minimize infiltration of flood waters into the system; (h) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters; and (i) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage. (4) For all substantially damaged residential structures other than farmhouses that are located in a designated floodway, the department, at the request of the town, city, or county with land use authority over the structure, is authorized to assess the risk of harm to life and property posed by the specific conditions of the floodway, and, based upon scientific analysis of depth, velocity, and flood-related erosion, may exercise best professional judgment in recommending to the permitting authority, repair, replacement, or relocation of such damaged structures. The effect of the department’s recommendation, with the town, city, or county’s concurrence, to allow repair or replacement of a substantially damaged residential structure within the designated floodway is a waiver of the floodway prohibition. (5) The department shall develop a rule or rule amendment guiding the assessment procedures and criteria described in subsections (3) and (4) of this section no later than December 31, 2000. (6) For the purposes of this section, "farmhouse" means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary (2008 Ed.) 86.16.081 consumption or use by the occupants and the farm owner. [2000 c 222 § 1; 1999 c 9 § 1; 1989 c 64 § 4; 1987 c 523 § 4.] Effective date—1999 c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 15, 1999]." [1999 c 9 § 2.] 86.16.045 Adoption of ordinances or requirements that exceed minimum federal requirements. A county, city, or town may adopt floodplain management ordinances or requirements that exceed the minimum federal requirements of the national flood insurance program without following the procedures provided in RCW 86.16.031(8). [1989 c 64 § 6.] 86.16.045 86.16.051 Basis for state and local floodplain management. The basis for state and local floodplain management regulation shall be the areas designated as special flood hazard areas on the most recent maps provided by the federal emergency management agency for the national flood insurance program. Best available information shall be used if these maps are not available or sufficient. [1987 c 523 § 5.] 86.16.051 86.16.061 Adoption of rules. The department of ecology after consultation with the public shall adopt such rules as are necessary to implement this chapter. [1989 c 64 § 5; 1987 c 523 § 6.] 86.16.061 86.16.071 Chapter not to create liability for damages against the state. The exercise by the state of the authority, duties, and responsibilities as provided in this chapter shall not imply or create any liability for any damages against the state. [1987 c 523 § 7.] 86.16.071 86.16.081 Enforcement of chapter—Civil penalty— Review by pollution control hearings board or local legislative authority. (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter. (2) Any person who fails to comply with this chapter shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Each violation or each day of noncompliance shall constitute a separate violation. (3) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department or local government, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time. (4) Any penalty imposed pursuant to this section by the department shall be subject to review by the pollution control hearings board. Any penalty imposed pursuant to this section by local government shall be subject to review by the local government legislative authority. Any penalty jointly imposed by the department and local government shall be 86.16.081 [Title 86 RCW—page 33] 86.16.110 Title 86 RCW: Flood Control appealed to the pollution control hearings board. [1995 c 403 § 634; 1987 c 523 § 8.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 86.16.110 Appeals. Any person, association, or corporation, public, municipal, or private, feeling aggrieved at any order, decision, or determination of the department or director pursuant to this chapter, affecting his or her interest, may have the same reviewed pursuant to RCW 43.21B.310. [1991 c 322 § 11. Prior: (Repealed by 1987 c 523 § 12); 1987 c 109 § 23; 1935 c 159 § 17; RRS § 9663A-17.] permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application. [1989 c 171 § 9; 1987 c 343 § 7.] Severability—1989 c 171: See note following RCW 43.83B.400. Severability—1987 c 343: See note following RCW 43.83B.300. 86.16.110 Reviser’s note: This section was repealed by 1987 c 523 § 12 without cognizance of its amendment by 1987 c 109 § 23, and was subsequently reenacted by 1991 c 322 § 11. Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 86.16.120 Flood damages defined. Damages within the meaning of this chapter shall include harmful inundation, water erosion of soil, stream banks and beds, stream channel shifting and changes, harmful deposition by water of eroded and shifting soils and debris upon property or in the beds of streams or other bodies of water, damages by high water to public roads, highways, bridges, utilities and to works built for protection against floods or inundation, the interruption by floods of travel, communication and commerce, and all other high water influences and results which injuriously affect the public health and the safety of property. [1935 c 159 § 2; RRS § 9663A-2.] 86.16.190 Livestock flood sanctuary areas. Local governments that have adopted floodplain management regulations pursuant to this chapter shall include provisions that allow for the establishment of livestock flood sanctuary areas at a convenient location within a farming unit that contains domestic livestock. Local governments may limit the size and configuration of the livestock flood sanctuary areas, but such limitation shall provide adequate space for the expected number of livestock on the farming unit and shall be at an adequate elevation to protect livestock. Modification to floodplain management regulations required pursuant to this section shall be within the minimum federal requirements necessary to maintain coverage under the national flood insurance program. [1991 c 322 § 17.] 86.16.190 86.16.120 86.16.130 Supervisor’s other powers and duties unaffected by chapter. 86.16.130 Reviser’s note: RCW 86.16.130 was amended by 1987 c 109 § 61 without reference to its repeal by 1987 c 523 § 12. It has been decodified for publication purposes pursuant to RCW 1.12.025. Findings—Intent—1991 c 322: See note following RCW 86.12.200. 86.16.900 Chapter liberally construed. The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their object. [1935 c 159 § 19; RRS § 9663A-19.] 86.16.900 Chapter 86.18 Chapter 86.18 RCW FLOOD CONTROL CONTRIBUTIONS Sections 86.18.010 86.18.030 86.18.900 86.18.910 Declaration of purpose. Conditions and limitations on expenditures and contributions from appropriations—Warrants. Construction—1967 ex.s. c 136. Severability—1967 ex.s. c 136. 86.18.010 Declaration of purpose. Economic development and growth of the state is dependent on the control of flood waters. The legislature declares, in the exercise of its sovereign and police powers, that the purpose of this chapter is to provide for contributions of funds for assisting political subdivisions of the state in the protection of lands from inundation; the protection of public highways; the control of storm drainage; the maintenance of stream channels and water courses; and the protection of life and property. It is the intent of the legislature that funds be provided to political subdivisions of the state to assist in the development of those flood control improvements and projects, which cannot be reasonably and practicably financed through the normal methods of financing available to such political subdivisions. [1967 ex.s. c 136 § 1.] 86.18.010 86.16.150 Severability—1935 c 159. If any section or provisions of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1935 c 159 § 20; RRS § 9663A-20.] 86.16.150 86.16.160 Local programs not prevented. Nothing in this chapter shall prevent any county, city or town from establishing, pursuant to any authority otherwise available to them, flood control regulation programs and related land use control measures in areas which are subject to flooding or flood damages. [1973 c 75 § 2.] 86.16.160 86.16.180 Processing of permits and authorizations for emergency water withdrawal and facilities to be expedited. All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such 86.16.180 [Title 86 RCW—page 34] 86.18.030 Conditions and limitations on expenditures and contributions from appropriations—Warrants. Funds shall be expended and contributions made to a political subdivision of the state from flood control appropriations only after: 86.18.030 (2008 Ed.) Flood Control by State in Cooperation with Federal Agencies, Etc. (1) The project for which the funds are to be used has been approved by the department of ecology in accordance with the regulatory provisions of chapter 86.16 RCW. (2) Engineering studies and plans have been made and filed with the county engineer of the county in which the project is located, or the county engineers of all counties in which the project is located, if it is located in more than one county. (3) The estimate of cost of acquisition of necessary lands, rights-of-way and construction of the project or improvements, together with adequate supporting data have been completed and filed with the department of ecology. (4) A comprehensive plan for the area involved has been completed and filed with the department. (5) The political subdivision desiring a contribution has made an application for a contribution to the department showing the estimated cost of the project and the requested contribution. (6) Federal funds are available for contribution for payment of a portion of the cost of the project. The director of ecology is authorized to determine when these conditions have been met and to request the proper warrant for the state’s contribution. Contributions to a political subdivision for a specific project shall not exceed fifty percent of the cost of acquisition of necessary lands and rightsof-way, and construction of the project or works of improvement. [1987 c 109 § 63; 1980 c 32 § 12; 1967 ex.s. c 136 § 3.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 86.18.900 Construction—1967 ex.s. c 136. This legislative proposal shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally construed to accomplish its purposes. [1967 ex.s. c 136 § 4.] 86.18.900 86.18.910 Severability—1967 ex.s. c 136. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected. [1967 ex.s. c 136 § 5.] 86.24.050 86.24.020 86.24.020 Cooperation authorized. The department of ecology, in cooperation with the corps of engineers of the United States army, and any other agencies of the United States, and in cooperation with any official, agency or institution of the state and any flood control district created under the laws of the state, and any county, or any counties acting jointly pursuant to RCW 86.13.010 through 86.13.090, shall act for the state in the formulation of plans for the control of floods in the several flood areas of the state, and shall consider the extent to which the state should participate therein with the United States and/or any flood control district, or county, or counties so acting jointly. In case of federal participation, the plan of development and the surveys, plans and specifications for such flood control projects shall be in accordance with the federal requirements therefor. [1987 c 109 § 64; 1935 c 163 § 2; RRS § 9662-2.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 86.24.030 86.24.030 Contracts authorized—Extent of participation. The state director of ecology, when state funds shall be available therefor, shall have authority on behalf of the state to enter into contracts with the United States or any agency thereof and/or with any such flood control district, county, or counties so acting jointly, for flood control purposes for any such flood control district, county or counties so acting jointly, the amount of the state’s participation in any such contract to be such sum as may be appropriated therefor, or, in event of unallocated state appropriations for flood control purposes, in such necessary sum as to any such contract as he shall determine. [1988 c 127 § 39; 1935 c 163 § 4; RRS § 9662-4.] 86.18.910 Chapter 86.24 Chapter 86.24 RCW FLOOD CONTROL BY STATE IN COOPERATION WITH FEDERAL AGENCIES, ETC. Sections 86.24.010 86.24.020 86.24.030 86.24.040 86.24.050 Declaration of policy. Cooperation authorized. Contracts authorized—Extent of participation. Contracts between flood control districts and other governmental units. State participation where state interest affected. 86.24.010 Declaration of policy. It is the purpose of the state of Washington, in the exercise of its sovereign and police powers, and in the interests of public welfare, to establish a state policy for the control of floods to the extent practicable and by economically feasible methods. [1935 c 163 § 1; RRS § 9662-1.] 86.24.040 86.24.040 Contracts between flood control districts and other governmental units. In any case where the boundaries of any flood control district shall embrace all or any part of any county, city, town, diking, or drainage district, subject to flood conditions, the governing authorities thereof may contract with the directors of such flood control district, with the written approval of the state director, for the maintenance, repair, renewal and extension of any existing flood control works of such county, city, town, diking, or drainage district, situated within the flood control district, and for the construction and maintenance of specific flood control projects, for such term of years and for the payment to such flood control district therefor of such annual sums as in said contract specified. [1979 ex.s. c 30 § 19; 1935 c 163 § 6; RRS § 9662-6.] 86.24.010 (2008 Ed.) 86.24.050 86.24.050 State participation where state interest affected. State participation in flood control projects shall be in such as are affected with a state interest and to such extent as the legislature may determine. [1935 c 163 § 3; RRS § 9662-3.] [Title 86 RCW—page 35] Chapter 86.26 Chapter 86.26 Title 86 RCW: Flood Control Chapter 86.26 RCW STATE PARTICIPATION IN FLOOD CONTROL MAINTENANCE Sections 86.26.005 86.26.007 86.26.010 86.26.040 86.26.050 86.26.060 86.26.070 86.26.080 86.26.090 86.26.100 86.26.105 Declaration of purpose. Flood control assistance account—Use. Administration and enforcement. Duties of local engineer—Approval of plans, etc., by department of ecology—Grants to prepare comprehensive flood control management plan. Projects in which state will participate—Allocation of funds. Allocation of funds. Flood control maintenance fund of municipal corporation— Composition—Use. Annual budget reports of municipal corporations—Allocation of funds. Scope of maintenance in which state will participate. Agreement as to participation—Limit on amount. Comprehensive flood control management plan—Requirements—Time for completion. 86.26.005 Declaration of purpose. It is the purpose of the state in the exercise of its sovereign and police powers and in the interest of public welfare, to establish a state and local participating flood control maintenance policy. [1951 c 240 § 2.] 86.26.005 86.26.007 Flood control assistance account—Use. The flood control assistance account is hereby established in the state treasury. At the beginning of the 2005-2007 fiscal biennium, the state treasurer shall transfer three million dollars from the general fund to the flood control assistance account. Each biennium thereafter the state treasurer shall transfer four million dollars from the general fund to the flood control assistance account. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter. [2005 c 518 § 947; 2003 1st sp.s. c 25 § 943; 1997 c 149 § 914; 1996 c 283 § 903; 1995 2nd sp.s. c 18 § 915; 1993 sp.s. c 24 § 928; 1991 sp.s. c 13 § 24; 1986 c 46 § 1; 1985 c 57 § 88; 1984 c 212 § 1.] 86.26.007 Severability—Effective date—2005 c 518: See notes following RCW 28A.500.030. Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351. Severability—Effective date—1997 c 149: See notes following RCW 43.08.250. Severability—Effective date—1996 c 283: See notes following RCW 43.08.250. Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110. Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1985 c 57: See note following RCW 18.04.105. 86.26.010 Administration and enforcement. The department of ecology shall have charge for the state of the administration and enforcement of all laws relating to flood control. [1984 c 212 § 2; 1951 c 240 § 3.] 86.26.010 86.26.040 Duties of local engineer—Approval of plans, etc., by department of ecology—Grants to prepare comprehensive flood control management plan. Whenever state grants under this chapter are used in a flood control 86.26.040 [Title 86 RCW—page 36] maintenance project, the engineer of the county within which the project is located shall approve all plans for the specific project and shall supervise the work. The approval of such plans, construction and expenditures by the department of ecology, in consultation with the department of fish and wildlife, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specific project. Additionally, state grants may be made to counties for preparation of a comprehensive flood control management plan required to be prepared under RCW 86.26.050. [1994 c 264 § 77; 1988 c 36 § 63; 1986 c 46 § 2; 1984 c 212 § 3; 1951 c 240 § 6.] 86.26.050 Projects in which state will participate— Allocation of funds. (1) State participation shall be in such preparation of comprehensive flood control management plans under this chapter and chapter 86.12 RCW, cost sharing feasibility studies for new flood control projects, projects pursuant to section 33, chapter 322, Laws of 1991, and flood control maintenance projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto. (2) No participation for flood control maintenance projects may occur with a county or other municipal corporation unless the director of ecology has approved the floodplain management activities of the county, city, or town having planning jurisdiction over the area where the flood control maintenance project will be, on the one hundred year floodplain surrounding such area. The department of ecology shall adopt rules concerning the floodplain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river’s meander belt or floodway to only flood-compatible uses. Whenever the department has approved county, city, and town floodplain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the floodplain management activities must be approved by the department of ecology, in consultation with the department of fish and wildlife. No participation with a county or other municipal corporation for flood control maintenance projects may occur unless the county engineer of the county within which the flood control maintenance project is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less. (3) Participation for flood control maintenance projects and preparation of comprehensive flood control management plans shall be made from grants made by the department of ecology from the flood control assistance account. Comprehensive flood control management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with the department of fish and wildlife. The department may only grant financial assistance to local governments that, in the opinion of the department, are making 86.26.050 (2008 Ed.) State Participation in Flood Control Maintenance good faith efforts to take advantage of, or comply with, federal and state flood control programs. [1994 c 264 § 78; 1991 c 322 § 6; 1988 c 36 § 64; 1986 c 46 § 3; 1985 c 454 § 1; 1984 c 212 § 4; 1951 c 240 § 7.] Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. 86.26.060 Allocation of funds. Grants for flood control maintenance shall be so employed that as far as possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with funds provided by local authority, if any, under reasonable exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state. [1984 c 212 § 5; 1951 c 240 § 8.] 86.26.060 86.26.070 Flood control maintenance fund of municipal corporation—Composition—Use. Any municipal corporation subject to flood conditions, may establish in its treasury a flood control maintenance fund. Such fund may be maintained by transfer thereto of moneys derived from regular or special lawful levies for flood control purposes, moneys which may be lawfully transferred to it from any other municipal fund; and gifts and contributions received for flood control purposes. All costs and expenses for flood control maintenance purposes shall be paid out of said flood control maintenance fund, which fund shall not be used for any other purpose. [1951 c 240 § 9.] 86.26.070 86.26.080 Annual budget reports of municipal corporations—Allocation of funds. Any municipal corporation intending to seek state participating funds shall, within thirty days after final adoption of its annual budget for flood control purposes, report the amount thereof, to the engineer of the county within whose boundaries the municipal corporation lies. The county engineer shall submit such reports, together with reports from the county itself, to the department of ecology. On the basis of all such budget reports received, the department may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of funds from the flood control assistance account for the ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section. [1984 c 212 § 6; 1951 c 240 § 10.] 86.26.080 86.26.090 Scope of maintenance in which state will participate. The state shall participate with eligible local authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood waters with a minimum of damage from bank erosion or overflow of adjacent lands and property; and in restoring, maintaining and repairing natural conditions, works and structures for the maintenance of such conditions. State participation in the repair of flood control facilities may include the enhancement of such facilities. The state shall likewise participate in the restoration and maintenance of natural conditions, works or structures for the pro86.26.090 (2008 Ed.) 86.26.105 tection of lands and other property from inundation or other damage by the sea or other bodies of water. Funds from the flood control assistance account shall not be available for maintenance of works or structures maintained solely for the detention or storage of flood waters. [1991 c 322 § 7; 1984 c 212 § 7; 1951 c 240 § 11.] Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. 86.26.100 86.26.100 Agreement as to participation—Limit on amount. State participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state. In no instance, except on emergency projects, shall the state’s share exceed seventy-five percent of the total cost of the project, to include project planning and design. Grants for cost sharing feasibility studies for new flood control projects shall not exceed fifty percent of the matching funds that are required by the federal government, and shall not exceed twenty-five percent of the total costs of the feasibility study. However, grants to prepare a comprehensive flood control management plan required under RCW 86.26.050 shall not exceed seventy-five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and regulation by the department of ecology. [2000 c 20 § 1; 1991 c 322 § 8; 1986 c 46 § 4; 1984 c 212 § 8; 1951 c 240 § 12.] Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200. 86.26.105 86.26.105 Comprehensive flood control management plan—Requirements—Time for completion. A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to instream flood control work, identify and consider potential impacts of in-stream flood control work on the state’s instream resources, and identify the river’s meander belt or floodway. A comprehensive flood control management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050. If after this three-year period has elapsed such a comprehensive flood control plan has not been completed and adopted, grants for flood control maintenance projects shall not be made to the county or municipal corporations in the county until a comprehensive flood control plan is completed and adopted by the appropriate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060. [1986 c 46 § 5; 1984 c 212 § 9.] [Title 86 RCW—page 37] Title 87 IRRIGATION Title 87 Chapters 87.03 87.04 87.06 87.19 87.22 87.25 87.28 87.48 87.52 87.53 87.56 87.64 87.68 87.76 87.80 87.84 87.03.034 Irrigation districts generally. Director divisions. Delinquent assessments. Refunding bonds—1923 act. Refunding bonds—1929 act. Certification of bonds. Revenue bonds for water, power, drains, etc. Indemnity to state on land settlement contracts. Dissolution of districts without bonds. Dissolution of districts with bonds. Dissolution of insolvent districts. Adjustment of irrigation, diking, and drainage district indebtedness. Districts under contract with United States. Association of irrigation districts. Joint control of irrigation districts. Irrigation and rehabilitation districts. 87.03.035 87.03.040 87.03.045 87.03.051 87.03.071 87.03.075 87.03.080 87.03.081 87.03.082 87.03.083 87.03.085 87.03.090 87.03.095 87.03.100 Assessments and charges against state lands: Chapter 79.44 RCW. Conveyance of real property by public bodies—Recording: RCW 65.08.095. County water and drainage systems, authority, procedure: Chapter 36.94 RCW. Disincorporation of irrigation or reclamation districts located in counties with a population of two hundred ten thousand or more and inactive for five years: Chapter 57.90 RCW. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180, 41.04.190. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. 87.03.105 87.03.110 Chapter 87.03 RCW IRRIGATION DISTRICTS GENERALLY 87.03.145 Chapter 87.03 Sections 87.03.001 87.03.005 87.03.010 87.03.013 87.03.015 87.03.016 87.03.017 87.03.0175 87.03.018 87.03.019 87.03.020 87.03.025 87.03.030 87.03.031 87.03.032 87.03.033 (2008 Ed.) Actions subject to review by boundary review board. District proposed—Powers, when organized. Certain purposes for which district may be formed. Development of hydroelectric generation capabilities—Legislative finding, intent—Limitation. Certain powers of district enumerated. District may provide street lighting—Limitations. District may assist residential owners in financing for conservation of energy—When—Plan—Limitations. District assistance for conservation, improvement, preservation, and efficient use. Creation of legal authority to carry out powers—Method— Indebtedness. Cooperative watershed management. Organization of district—Petition—Bond—Notice—Hearing—Order—Notice of election. State lands situated in or taken into district—Procedure— Assessments, collection. Elections are governed by irrigation district laws. Absentee voting—Certification of inconvenience. Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished. Absentee voting—Requirements for ballot to be counted— Statement of qualifications—Form of ballot. 87.03.115 87.03.120 87.03.125 87.03.130 87.03.135 87.03.136 87.03.137 87.03.138 87.03.139 87.03.140 87.03.150 87.03.155 87.03.158 87.03.160 87.03.162 87.03.164 87.03.165 87.03.170 87.03.175 87.03.180 87.03.185 87.03.190 87.03.195 87.03.200 87.03.205 87.03.210 87.03.215 87.03.220 87.03.225 87.03.230 87.03.235 87.03.240 Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots. Elections to form district—How conducted. Elections to form district—Canvass of returns—Order. Qualifications of voters and directors—Districts of two hundred thousand acres. Qualifications of voters and directors—Districts of less than two hundred thousand acres. Certain districts—Individual ownerships—Two votes. Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required. Directors—Election—Terms—Increase and decrease. Directors—Vacancies, how filled. Directors—Oaths of office and official bonds—Secretary. Directors—Recall and discharge. Post-organization district elections—Election boards— Notice. Post-organization district elections—Election officers—Voting hours. Post-organization district elections—Counting votes—Record of ballots. Post-organization district elections—Certification of returns— Preservation for recount. Post-organization district elections—Canvass. Post-organization district elections—Statement of result of election—Certificate of election. Organization of board—Meetings—Quorum—Certain powers and duties. System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question—Notice—Meeting—Resolution. System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution. District change of name. Sale or lease of district personal property. Sale or lease of district real property. Purchase or condemnation for developing hydroelectric generation capabilities—Limitations. Civil immunity of directors, officers, employees, or agents for good faith performance of official duties. Lawful disposal of sewage and waste by others—Immunity. Board’s powers and duties generally—Condemnation procedure. Condemnation—Finding of benefits and damages—Judgment—Costs. Condemnation—Title acquired by district. Conveyances—Actions by and against district. Officers, employees, agents—Legal representation—Costs of defense. Group insurance—Purchase. Liability insurance for officials and employees. Liability insurance for officers and employees authorized. Proposed works—Surveys, maps and plans to be prepared. Proposed works—Certification filed with director of ecology. Proposed works—Director’s findings to district board. Proposed works—Substance of director’s findings. Proposed works—Reclamation Service may make findings. Proposed works—Plan of development—Special election. Proposed works—Certain irrigation districts excepted. Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—Reissue—Election concerning contract with United States—Penalty. Sections exclusive of other bonding methods—Validation. Sale or pledge of bonds. Payment of bonds and interest, other indebtedness—Lien, enforcement of—Scope of section. Refunding bonds, 1923 act. Refunding bonds, 1929 act. Revenue bonds for water, power, drains, sewers, sewage disposal, etc. Rights of federal agencies as to certain district bonds. Assessments, how and when made—Assessment roll. [Title 87 RCW—page 1] Chapter 87.03 87.03.242 87.03.245 87.03.250 87.03.255 87.03.260 87.03.265 87.03.270 87.03.271 87.03.272 87.03.275 87.03.277 87.03.280 87.03.285 87.03.290 87.03.295 87.03.300 87.03.305 87.03.420 87.03.430 87.03.435 87.03.436 87.03.437 87.03.438 87.03.440 87.03.441 87.03.442 87.03.443 87.03.445 87.03.450 87.03.455 87.03.460 87.03.470 87.03.475 87.03.480 87.03.485 87.03.486 87.03.487 87.03.490 87.03.495 87.03.500 87.03.505 87.03.510 87.03.515 87.03.520 87.03.522 87.03.525 87.03.526 87.03.527 87.03.530 87.03.535 87.03.540 87.03.545 Title 87 RCW: Irrigation Exemption of farm and agricultural land from special benefit assessments. Deputy secretaries for assessment. Assessment roll to be filed—Notice of equalization. Equalization of assessments. Levies, amount—Special funds—Failure to make levy, procedure. Lien of assessment. Assessments, when delinquent—Assessment book, purpose— Statement of assessments due—Collection—Additional fee for delinquency. Lien for delinquent assessment to include costs and interest. Secretary may act as collection agent of nondelinquent assessments—Official bond—Collection procedure—Delinquency list. Medium of payment of assessments. Payment by credit cards, charge cards, and other electronic communication. Cancellation of assessments due United States—Procedure. Segregation of assessment—Authorization. Segregation of assessment—Hearing. Segregation of assessment—Notice of hearing. Segregation of assessment—Order. Segregation of assessment—Amendment of roll—Effect. Evidence of assessment, what is. Bonds—Interest payments. Construction work—Notice—Bids—Contracts—Bonds. Small works roster. Competitive bids—Use of purchase contract process in RCW 39.04.190. "County treasurer," "treasurer of the county," defined. Treasurer—County treasurer as ex officio district treasurer— Designated district treasurer—Duties and powers—Bond— Claims—Preliminary notice requirements when claim for crop damage. Temporary funds. Bonds of secretary and depositaries. Upgrading and improvement fund authorized—Deposits— Use of funds. Acquisition, construction and operating funds—Tolls and assessments, alternative methods of—Liens, foreclosure of—Delinquencies by tenants. Income from sale of electricity. District’s right to cross other property. Compensation and expenses of directors, officers, employees. Special assessments—Election—Notes. Power as to incurring indebtedness. Local improvement districts—Petition—Bond. Local improvement districts—Notice—Hearing—Initiation by board, procedure. Local improvement districts—Notice to contain statement that assessments may vary from estimates. Local improvement districts—Sanitary sewer or potable water facilities—Notice to certain property owners. Local improvement districts—Adoption of plan—Bonds— Form and contents—Facsimile signatures, when, procedure—New lands may be included—Penalty. Local improvement districts—Assessments, how made and collected—Disposal of bonds. Local improvement districts—Payment of bonds. Local improvement districts—L.I.D. unable to pay costs— Survey—Reassessments. Local improvement districts—Irrigation district L.I.D. guarantee fund. Local improvement districts—Refunding bonds. Local improvement districts—Contracts with state or United States for local improvement work. Irrigation district authorized to finance local improvements with general district funds. Local improvement districts—Provisions applicable to districts formerly organized. Local improvement districts—Safeguarding open canals or ditches—Assessments and benefits. Local improvement districts—Alternative methods of formation. Consolidation of irrigation districts—Authorization—Merger of smaller irrigation districts. Consolidation of irrigation districts—Proceedings for consolidation—Elections. Consolidation of irrigation districts—Directors—Disposition of affairs of included districts. Consolidation of irrigation districts—Obligations of included districts unaffected. [Title 87 RCW—page 2] 87.03.550 87.03.551 87.03.553 87.03.555 87.03.560 87.03.565 87.03.570 87.03.575 87.03.580 87.03.585 87.03.590 87.03.595 87.03.600 87.03.605 87.03.610 87.03.615 87.03.620 87.03.625 87.03.630 87.03.635 87.03.640 87.03.645 87.03.650 87.03.655 87.03.660 87.03.665 87.03.670 87.03.675 87.03.680 87.03.685 87.03.690 87.03.695 87.03.700 87.03.705 87.03.710 87.03.715 87.03.720 87.03.725 87.03.730 87.03.735 87.03.740 87.03.745 87.03.750 87.03.755 87.03.760 Consolidation of irrigation districts—Property vested in new district—Credit. Consolidation of irrigation districts—Procedures supplemental to boundary change provisions. Consolidated local improvement districts for bond issuance. Change of boundaries authorized—Effect. Adding lands to district—Petition, contents—Acknowledgment. Adding lands to district—Notice—Contents—Service. Adding lands to district—Hearing—Assent. Adding lands to district—Payment for benefits received required. Adding lands to district—Order. Adding lands to district—Resolution. Adding lands to district—Election—Notice—How conducted. Adding lands to district—Order changing boundaries— Record. Adding lands to district—Change of boundaries recorded— Effect. Adding lands to district—Petition to be recorded—Admissible as evidence. Adding lands to district—Guardian, administrator or executor may act. Adding lands to districts of two hundred thousand acres—Petition. Adding lands to districts of two hundred thousand acres— Time and place of hearing—Notice. Adding lands to districts of two hundred thousand acres— Contents of notice. Adding lands to districts of two hundred thousand acres— Hearing—Order including lands. Adding lands to districts of two hundred thousand acres— Denial of petition. Adding lands to districts of two hundred thousand acres— Order filed—Effect. Exclusion of lands from district—Effect. Exclusion of lands from district—Petition to exclude lands— Contents. Exclusion of lands from district—Notice—Contents—Service. Exclusion of lands from district—Hearing—Assent. Exclusion of lands from district—Order denying or granting petition. Exclusion of lands from district—Assent of bondholders. Exclusion of lands from district—Order for election— Notice—Conduct of election. Exclusion of lands from district—Procedure following election—Order of exclusion. Exclusion of lands from district—Orders to be recorded— Effect. Exclusion of lands from district—Guardian, executor or administrator may sign and acknowledge. Exclusion of lands from district—Refunds—Cancellation of assessments. Connecting system to lower drainage district—Procedure. Connecting system to lower drainage district—Negative finding by jury or court. Connecting system to lower drainage district—Affirmative finding by jury or court—Assessments. Connecting system to lower drainage district—Increased maintenance costs. Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Power to assent. Merger of district with drainage, joint drainage, consolidated drainage improvement, or water-sewer district—Notice— Contents—Publication—Show cause against merger. Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Hearing—Failure to show cause deemed assent. Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Assent, refusal to assent—Effect of show cause against merger. Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Election. Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Order of assent or refusal—Filing. Exclusion of nonirrigable land when state holds all outstanding bonds—Resolution. Exclusion of nonirrigable land when state holds all outstanding bonds—Notice of hearing—Contents. Exclusion of nonirrigable land when state holds all outstanding bonds—Adoption of resolution—Appellate review. (2008 Ed.) Irrigation Districts Generally 87.03.765 87.03.770 87.03.775 87.03.780 87.03.785 87.03.790 87.03.795 87.03.800 87.03.805 87.03.810 87.03.815 87.03.820 87.03.825 87.03.828 87.03.831 87.03.834 87.03.837 87.03.840 87.03.845 87.03.847 87.03.849 87.03.851 87.03.853 87.03.855 87.03.857 87.03.860 87.03.870 87.03.880 87.03.900 87.03.905 87.03.910 87.03.915 Exclusion of nonirrigable land when state holds all outstanding bonds—Indebtedness may be reduced. Exclusion of nonirrigable land when state holds all outstanding bonds—Reconveyance of excluded land formerly foreclosed to district. Map of district. Proceedings for judicial confirmation—Authorization. Proceedings for judicial confirmation—Petition—Contents. Proceedings for judicial confirmation—Notice of hearing. Proceedings for judicial confirmation—Demurrer or answer— Procedure. Proceedings for judicial confirmation—Jurisdiction of court— Order—Costs. Proceedings for judicial confirmation—Appeal. Lump sum payment to district for irrigable lands acquired for highway purposes. Lump sum payment to district for irrigable lands acquired for highway purposes—Order relieving further district assessments. Disposal of real property—Right of adjacent owners. Hydroelectric resources—Development—Legislative findings. Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts—Powers. Hydroelectric resources—Separate legal authority—Procedures for membership and for construction and acquisition of facilities. Hydroelectric resources—Separate legal authority—Voter ratification of actions. Hydroelectric resources—Separate legal authority—Repayment of indebtedness—Powers. Chapter supplementary—When. Merger of minor irrigation district into major irrigation district—Proceedings to initiate—Notice—Hearing. Merger of minor irrigation district into major irrigation district—Denial or adoption of request for merger—Notice— Elections—Notification of merger. Merger of minor irrigation district into major irrigation district—Board of directors—Transfer of property and assets. Merger of minor irrigation district into major irrigation district—Bonds or obligations not impaired—Enforcement of assessments and obligations—Establishment of local improvement district to carry out obligations. Merger of minor irrigation district into major irrigation district—Statement of property and assets of minor district. Merger of minor irrigation district into major irrigation district—Merger of more than two districts. Merger of minor irrigation district into major irrigation district—Existing water rights not impaired. Assumption of substandard water system—Limited immunity from liability. Mutual aid agreements for emergency interdistrict assistance—Authority—Liability. Tariff for irrigation pumping service—Authority to buy back electricity. Construction—1913 c 165. Severability—1921 c 129. Severability—1923 c 138. Severability—1935 c 128. Reviser’s note: The language "this act," "this chapter," and words of similar import appear throughout chapter 87.03 RCW. This chapter is almost entirely comprised of the basic irrigation act of 1889-90 p 671 et seq. as amended and as expressly added thereto by subsequent enactments. The chapter is codified in the session law order of the basic act with a few independent sections which are in pari materia being also codified herein. Many sections were added to the basic law by being expressly added to the chapter of the code or compilation in which the basic act was currently published at the time of the particular enactment. Similarly many sections have been amended by reference to the compilation number only. Some of these sections contain legislative language "this act," "this chapter," or both, which appear in the session law either as original legislative language or reenactments by the legislature of a compiler’s translation. Therefore, throughout chapter 87.03 RCW such language is retained wherever it appears in the most recent session law enactment. Situations concerning effective dates of particular acts or having express restrictive application are otherwise specially noted. Deferral of special assessments: Chapter 84.38 RCW. Disposal of real property on abandonment of irrigation district right-ofway—Right of adjacent owners: RCW 57.90.100. (2008 Ed.) 87.03.013 Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93 RCW. Plats, approval of plat within irrigation districts prohibited without provision for irrigation water: RCW 58.17.310. Special purpose districts, expenditures to recruit job candidates: RCW 42.24.170. 87.03.001 Actions subject to review by boundary review board. The formation of an irrigation district may be subject to potential review by a boundary review board under chapter 36.93 RCW. The alteration of the boundaries of an irrigation district, including but not limited to a consolidation, addition of lands, exclusion of lands, or merger, may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 66.] 87.03.001 87.03.005 District proposed—Powers, when organized. Whenever fifty or a majority of the holders of title to, or of evidence of title to land susceptible of "irrigation" desire to organize an irrigation district for any or all of the purposes mentioned in RCW 87.03.010 and 87.03.015, they may propose the organization of an irrigation district in the manner provided herein; and when so organized, such district shall have all the powers that may now or hereafter be conferred by law. [1923 c 138 § 1; 1917 c 162 § 1; 1915 c 179 § 1; 1895 c 165 § 1; 1889-90 p 671 § 1; RRS § 7417. Formerly RCW 87.01.020, part.] 87.03.005 87.03.010 Certain purposes for which district may be formed. An irrigation district may be organized or maintained for any or all the following purposes: (1) The construction or purchase of works, or parts of same, for the irrigation of lands within the operation of the district. (2) The reconstruction, repair or improvement of existing irrigation works. (3) The operation or maintenance of existing irrigation works. (4) The construction, reconstruction, repair or maintenance of a system of diverting conduits from a natural source of water supply to the point of individual distribution for irrigation purposes. (5) The execution and performance of any contract authorized by law with any department of the federal government or of the state of Washington, for reclamation and irrigation purposes. (6) The performance of all things necessary to enable the district to exercise the powers herein granted. [1923 c 138 § 2, part; RRS § 7417-1. Formerly RCW 87.01.010.] 87.03.010 87.03.013 Development of hydroelectric generation capabilities—Legislative finding, intent—Limitation. The legislature finds that a significant potential exists for the development of the hydroelectric generation capabilities of present and future irrigation systems serving irrigation districts. The legislature also finds that the development of such hydroelectric generation capabilities is beneficial to the present and future electrical needs of the citizens of the state of Washington, furthers a state purpose and policy, and is in the public interest. The legislature further finds that it is necessary to revise and add to the authority of irrigation districts 87.03.013 [Title 87 RCW—page 3] 87.03.015 Title 87 RCW: Irrigation to obtain the most favorable interest rates possible in the financing of irrigation district projects which serve the agricultural community and hydroelectric facilities. It is the intent of the legislature to provide irrigation districts with the authority to develop these hydroelectric generation capabilities in connection with irrigation facilities. Further, it is the intent of the legislature that the development of hydroelectric generation capabilities pursuant to *this 1979 act not become the sole purpose or function of irrigation districts in existence on May 14, 1979, nor become a major function of irrigation districts created after that date. Nothing herein shall authorize an irrigation district to sell electric power or energy to any municipal corporation not engaged in the distribution of electric power or energy. [1979 ex.s. c 185 § 1.] *Reviser’s note: For codification of "this 1979 act" [1979 ex.s. c 185], see Codification Tables, Volume 0. Effective date—1979 ex.s. c 185: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1979 ex.s. c 185 § 24.] Because of this emergency section the effective date of 1979 ex.s. c 185 was May 14, 1979. Severability—1979 ex.s. c 185: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 185 § 23.] 87.03.015 Certain powers of district enumerated. Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority: (1) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use, to acquire, construct, and lease dams, canals, plants, transmission lines, and other power equipment and the necessary property and rights therefor and to operate, improve, repair, and maintain the same, for the generation and transmission of electrical energy for use in the operation of pumping plants and irrigation systems of the district and for sale to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; and, as a further and separate grant of authority and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, operate, and maintain, alone or jointly with other irrigation districts, boards of control, other municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, or electrical companies subject to the jurisdiction of the utilities and transportation commission, hydroelectric facilities including but not limited to dams, canals, plants, transmission lines, other power equipment, and the necessary property and rights therefor, located within or outside the district, for the purpose of utilizing for the generation of electricity, water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, waste ways, and drainage water facilities which serve irrigation districts, and to sell any and all the electric energy generated at any such hydroelectric facilities or the irrigation district’s share of such energy, to municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission, or 87.03.015 [Title 87 RCW—page 4] to other irrigation districts, and on such terms and conditions as the board of directors shall determine, and to enter into contracts with other irrigation districts, boards of control, other municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission: PROVIDED, That no contract entered into by the board of directors of any irrigation district for the sale of electrical energy from such hydroelectric facility for a period longer than forty years from the date of commercial operation of such hydroelectric facility shall be binding on the district until ratified by a majority vote of the electors of the district at an election therein, called, held and canvassed for that purpose in the same manner as that provided by law for district bond elections. (2) To construct, repair, purchase, maintain or lease a system for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes. (3) To construct, repair, purchase, lease, acquire, operate and maintain a system of drains, sanitary sewers, and sewage disposal or treatment plants as herein provided. (4) To assume, as principal or guarantor, any indebtedness to the United States under the federal reclamation laws, on account of district lands. (5) To maintain, repair, construct and reconstruct ditches, laterals, pipe lines and other water conduits used or to be used in carrying water for irrigation of lands located within the boundaries of a city or town or for the domestic use of the residents of a city or town where the owners of land within such city or town shall use such works to carry water to the boundaries of such city or town for irrigation, domestic or other purposes within such city or town, and to charge to such city or town the pro rata proportion of the cost of such maintenance, repair, construction and reconstruction work in proportion to the benefits received by the lands served and located within the boundaries of such city or town, and if such cost is not paid, then and in that event said irrigation district shall have the right to prevent further water deliveries through such works to the lands located within the boundaries of such city or town until such charges have been paid. (6) To acquire, install and maintain as a part of the irrigation district’s water system the necessary water mains and fire hydrants to make water available for fire fighting purposes; and in addition any such irrigation district shall have the authority to repair, operate and maintain such hydrants and mains. (7) To enter into contracts with other irrigation districts, boards of control, municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission to jointly acquire, construct, own, operate, and maintain irrigation water, domestic water, drainage and sewerage works, and electrical power works to the same extent as authorized by subsection (1) of this section, or portions of such works. (8) To acquire from a water-sewer district wholly within the irrigation district’s boundaries, by a conveyance without cost, the water-sewer district’s water system and to operate the same to provide water for the domestic use of the irrigation district residents. As a part of its acceptance of the con(2008 Ed.) Irrigation Districts Generally veyance the irrigation district must agree to relieve the watersewer district of responsibility for maintenance and repair of the system. Any such water-sewer district is authorized to make such a conveyance if all indebtedness of the watersewer district, except local improvement district bonds, has been paid and the conveyance has been approved by a majority of the water-sewer district’s voters voting at a general or special election. This section shall not be construed as in any manner abridging any other powers of an irrigation district conferred by law. [1999 c 153 § 74; 1979 ex.s. c 185 § 2; 1967 c 206 § 1; 1965 c 141 § 1; 1943 c 57 § 1; 1941 c 143 § 1; 1933 c 31 § 1; 1923 c 138 § 2, part; RRS § 7417-2. Formerly RCW 87.01.210, part.] Part headings not law—1999 c 153: See note following RCW 57.04.050. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. District bond elections: RCW 87.03.200. Heating systems authorized: RCW 35.97.020. Prerequisite to furnishing water or power outside of district: RCW 87.03.115. 87.03.016 District may provide street lighting—Limitations. In addition to other powers conferred by law, an irrigation district is authorized to construct, purchase, lease, or otherwise acquire, maintain, and operate a system for lighting public streets and highways and to enter into a contract or contracts with electric utilities, either public or private, to provide that service. However, no contract entered into by the board for providing street lighting for a period exceeding ten years is binding upon the district unless ratified by a majority vote of the electors of the district at an election called, held, and canvassed for that purpose in the same manner as provided by law for district bond elections. The authority granted by this section applies only to an irrigation district that has begun the construction, purchase, lease, or acquisition of a street lighting system by January 1, 1984, or has entered into a contract for that service by that date. [1984 c 168 § 1.] 87.03.016 87.03.017 District may assist residential owners in financing for conservation of energy—When—Plan— Limitations. Any irrigation district engaged in the distribution of energy is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of residential structures in financing the acquisition and installation of materials and equipment, for compensation or otherwise, for the conservation or more efficient use of energy in such structures pursuant to an energy conservation plan adopted by the irrigation district if the cost per unit of energy saved or produced by the use of such materials and equipment is less than the cost per unit of energy produced by the next least costly new energy resource which the irrigation district could acquire to meet future demand. Except where otherwise authorized, such assistance shall be limited to: (1) Providing an inspection of the residential structure, either directly or through one or more inspectors under contract, to determine and inform the owner of the estimated cost of purchasing and installing conservation materials and equipment for which financial assistance will be approved 87.03.017 (2008 Ed.) 87.03.018 and the estimated life cycle savings in energy costs that are likely to result from the installation of such materials or equipment. (2) Providing a list of businesses who sell and install such materials and equipment within or in close proximity to the service area of the irrigation district, each of which businesses shall have requested to be included and shall have the ability to provide the products in a workmanlike manner and to utilize such materials in accordance with the prevailing national standards. (3) Arranging to have approved conservation materials and equipment installed by a private contractor whose bid is acceptable to the owner of the residential structure and verifying such installation. (4) Arranging or providing financing for the purchase and installation of approved conservation materials and equipment. Such materials and equipment shall be purchased from a private business and shall be installed by a private business or the owner. (5) Pay back shall be in the form of incremental additions to the utility bill, billed either together with use charge or separately. Loans shall not exceed one hundred twenty months in length. [1982 c 42 § 1. Prior: 1981 c 345 § 3.] 87.03.0175 District assistance for conservation, improvement, preservation, and efficient use. (1) Any irrigation district organized under this chapter may, for compensation, reimbursement, or otherwise, within limits established by the state Constitution, assist the owners of land receiving water distributed by the irrigation district or discharging, with the district’s approval, water from the land into irrigation district-maintained facilities to finance, acquire, install, lease, and use equipment, fixtures, programs, and systems to conserve, improve, preserve, and efficiently use the land, water delivered by the irrigation district, or water discharged from the land into irrigation district-maintained facilities. Assistance may include, but is not limited to, grants, loans, and financing to purchase, lease, install, and use approved conservation, improvement, and preservation equipment, fixtures, programs, and systems. The equipment, fixtures, programs, and systems may be leased, purchased, or installed by a private business, the owner of the land, or the irrigation district. "Conserve," "improve," and "preserve" as used in this section, include enhancing the quality of water delivered by the irrigation district or discharged from the land into irrigation district-maintained facilities. (2) The district may charge the owner and the land if district money or credit is used or extended to provide the assistance in subsection (1) of this section. The district’s board of directors may also levy and fix assessments, rates, tolls, and charges and collect them from all persons for whom, and all land on which, district money or credit is provided, or the board may require landowner repayment for landowner assistance by assessments, charges, rates, or tolls in the same manner as provided by RCW 87.03.445. [1999 c 234 § 1.] 87.03.0175 87.03.018 Creation of legal authority to carry out powers—Method—Indebtedness. Two or more irrigation districts may create a separate legal authority to carry out any or all of the powers described in RCW 87.03.015. To enable 87.03.018 [Title 87 RCW—page 5] 87.03.019 Title 87 RCW: Irrigation such a legal authority to carry out its delegated powers, the irrigation districts creating the authority may assign, convey, or otherwise transfer to it any or all of their respective property, rights, or obligations, including, without limitation, the power to issue revenue obligations and the power of condemnation. Such a legal authority shall be created and organized by contract in the manner described in chapter 39.34 RCW and shall be a separate legal entity. A separate legal authority shall only have power to incur indebtedness that is repayable from rates, tolls, charges, or contract payments for services or electricity provided by the authority and to pledge such revenues for the payment and retirement of indebtedness issued for the construction or acquisition of hydroelectric facilities. An authority shall not have power to levy taxes or to impose assessments for the payment of obligations of the authority. Every bond or other evidence of indebtedness issued by an authority shall provide (1) that repayment shall be limited solely to the revenues of the authority; and (2) that no member of the authority shall be obligated to repay directly or indirectly any obligation of the authority except to the extent of fair value for services actually received from the authority. No member may pledge its revenues to support the issuance of revenue bonds or other indebtedness of an authority. [1984 c 168 § 5; 1981 c 62 § 1.] 87.03.019 87.03.019 Cooperative watershed management. In addition to the authority provided throughout this title, an irrigation district, reclamation district, and similar districts organized pursuant to the authority of this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management. [2003 c 327 § 15.] Finding—Intent—2003 c 327: See note following RCW 39.34.190. 87.03.020 87.03.020 Organization of district—Petition— Bond—Notice—Hearing—Order—Notice of election. For the purpose of organizing an irrigation district, a petition, signed by the required number of holders of title or evidence of title to land within the proposed district, shall be presented to the board of county commissioners of the county in which the lands, or the greater portion thereof, are situated, which petition shall contain the following: (1) A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, and the name of the county or counties in which said lands are situated. (2) The signature and post office address of each petitioner, together with the legal description of the particular lands within the proposed district owned by said respective petitioners. (3) A general statement of the probable source or sources of water supply and a brief outline of the plan of improvement, which may be in the alternative, contemplated by the organization of the district. (4) A statement of the number of directors, either three or five, desired for the administration of the district and of the [Title 87 RCW—page 6] name by which the petitioners desire the district to be designated. (5) Any other matter deemed material. (6) A prayer requesting the board to take the steps necessary to organize the district. The petition must be accompanied by a good and sufficient bond, to be approved by the board of county commissioners, in double the amount of the probable cost of organizing the district, and conditioned that the bondspersons will pay all of the cost in case such organization shall not be effected. Said petition shall be presented at a regular meeting of the said board, or at any special meeting ordered to consider and act upon said petition, and shall be published once a week, for at least two weeks (three issues) before the time at which the same is to be presented, in some newspaper of general circulation printed and published in the county where said petition is to be presented, together with a notice signed by the clerk of the board of county commissioners stating the time of the meeting at which the same will be presented. There shall also be published a notice of the hearing on said petition in a newspaper published at Olympia, Washington, to be designated by the director of ecology from year to year, which said notice shall be published for at least two weeks (three issues) prior to the date of said meeting and shall contain the name of the county or counties and the number of each township and range in which the lands embraced within the boundaries of the proposed district are situated, also the time, place and purpose for said meeting, which said notice shall be signed by the petitioner whose name first appears upon the said petition. If any portion of the lands within said proposed district lie within another county or counties, then the said petition and notice shall be published for the time above provided in one newspaper printed and published in each of said counties. The said notice, together with a map of the district, shall also be served by registered mail at least thirty days before the said hearing upon the state director of ecology at Olympia, Washington, who shall, at the expense of the district in case it is later organized, otherwise at the expense of the petitioners’ bondspersons, make such investigation of the sufficiency of the source and supply of water for the purposes of the proposed district, as he or she may deem necessary, and file a report of his or her findings, together with a statement of his or her costs, with the board of county commissioners at or prior to the time set for said hearing. When the petition is presented, the board of county commissioners shall hear the same, shall receive such evidence as it may deem material, and may adjourn such hearing from time to time, not exceeding four weeks in all, and on the final hearing shall establish and define the boundaries of the district along such lines as in the judgment of the board will best reclaim the lands involved and enter an order to that effect: PROVIDED, That said board shall not modify the boundaries so as to except from the operation of the district any territory within the boundaries outlined in the petition, which is susceptible of irrigation by the same system of works applicable to other lands in such proposed district and for which a water supply is available; nor shall any lands which, in the judgment of said board, will not be benefited, be included within such district; any lands included within any district, which have a partial or full water right shall be given equitable credit therefor in the apportionment of the assessments in this (2008 Ed.) Irrigation Districts Generally act provided for: AND PROVIDED FURTHER, That any owner, whose lands are susceptible of irrigation from the same source, and in the judgment of the board it is practicable to irrigate the same by the proposed district system, shall, upon application to the board at the time of the hearing, be entitled to have such lands included in the district. At said hearing the board shall also give the district a name and shall order that an election be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this act and for the purpose of electing directors. The clerk of the board of county commissioners shall then give notice of the election ordered to be held as aforesaid, which notice shall describe the district boundaries as established, and shall give the name by which said proposed district has been designated, and shall state the purposes and objects of said election, and shall be published once a week, for at least two weeks (three issues) prior to said election, in a newspaper of general circulation published in the county where the petition aforesaid was presented; and if any portion of said proposed district lies within another county or counties, then said notice shall be published in like manner in a newspaper within each of said counties. Said election notice shall also require the electors to cast ballots which shall contain the words "Irrigation District—Yes," and "Irrigation District—No," and also the names of persons to be voted for as directors of the district: PROVIDED, That where in this act publication is required to be made in a newspaper of any county, the same may be made in a newspaper of general circulation in such county, selected by the person or body charged with making the publication and such newspaper shall be the official paper for such purpose. [2007 c 218 § 79; 1988 c 127 § 40; 1923 c 138 § 3; 1921 c 129 § 1; 1919 c 180 § 1; 1915 c 179 § 2; 1913 c 165 § 1; 1895 c 165 § 2; 1889-90 p 671 § 2; RRS § 7418. Formerly RCW 87.01.020, part, 87.01.030, 87.01.040, and 87.01.050.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. 87.03.025 State lands situated in or taken into district—Procedure—Assessments, collection. Whenever public lands of the state are situated in or taken into an irrigation district they shall be treated the same as other lands, except as hereinafter provided. The commissioner of public lands shall be served with a copy of the petition proposing to include such lands, together with a map of the district and notice of the time and place of hearing thereon, at least thirty days before the hearing, and if he determines that such lands will be benefited by being included in the district he shall give his consent thereto in writing. If he determines that they will not be benefited he shall file with the board a statement of his objections thereto. Any public lands of the state which are situated within the boundaries of an irrigation district, but which were not included in the district at the time of its organization, may be included after a hearing as herein provided. Whenever the commissioner or any interested person desires to have state public lands included in an existing district, he shall file a request to that effect in writing with the district board, which shall thereupon fix a time and place for hearing the request and post notice thereof in three public 87.03.025 (2008 Ed.) 87.03.032 conspicuous places in the district, one of which shall be at the place of hearing, at least twenty days before the hearing, and send by registered mail a copy of the notice to the commissioner. The notice shall describe the lands to be included and direct all persons objecting to such inclusion to appear at the time and place stated and present their objections. At the hearing the district board shall consider all objections and may adjourn to a later date, and by resolution determine the matter, and its determination shall be final: PROVIDED, That no such lands shall be included in a district without the written consent of the commissioner of public lands. Any public lands of the state situated in any irrigation district shall be subject to the provisions of the laws of this state relating to the collection of irrigation district assessments to the same extent and in the same manner in which lands of like character held under private ownership are subject thereto, but collection and payment of the assessments shall be governed solely by the provisions of chapter 79.44 RCW. [1963 c 20 § 13; 1951 2nd ex.s. c 15 § 1; 1951 c 212 § 1; 1923 c 138 § 4; 1921 c 129 § 2; 1919 c 180 § 2; RRS § 7419. Formerly RCW 87.01.060.] Irrigation district assessments: RCW 87.03.240 through 87.03.305. 87.03.030 Elections are governed by irrigation district laws. All elections of irrigation districts, general or special, for any district purpose and in any county of the state shall be called, noticed, and conducted in accordance with the laws of the state, specifically relating to irrigation districts. [1951 c 201 § 1. Formerly RCW 87.01.095.] 87.03.030 Validation—1951 c 201: "All irrigation district elections heretofore called, noticed and conducted for any district purpose in accordance with the laws of the state, specifically relating to irrigation districts irrespective of any contrary general election laws; and any irrigation district election heretofore called, noticed and conducted in accordance with said irrigation district laws is hereby approved and confirmed." [1951 c 201 § 2.] Ballots, declaration of candidacy: RCW 87.03.075. Certain elections—Districts of two hundred thousand acres: RCW 87.68.060. Times for holding elections and primaries: RCW 29A.04.311 through 29A.04.330. 87.03.031 Absentee voting—Certification of inconvenience. Any qualified district elector who certifies as provided in RCW 87.03.032 through 87.03.034 that he cannot conveniently be present to cast his ballot at his proper election precinct on the day of any irrigation district election shall be entitled to vote by absentee ballot in such election in the manner herein provided. [1961 c 105 § 2. Formerly RCW 87.01.096.] 87.03.031 87.03.032 Absentee voting—Notice of election, contents—Ballot and form of certificate of qualifications to be furnished. The notice of election shall conform to the requirements for election notices provided by Title 87 RCW for the election being held, and shall specify in addition that any qualified district elector who certifies that he cannot conveniently be present at his proper election precinct on the day of election may vote by absentee ballot, and that a ballot and form of certificate of qualifications will be furnished to him on written request being made of the district’s secretary. The requisite ballot and a form of certificate of qualifications 87.03.032 [Title 87 RCW—page 7] 87.03.033 Title 87 RCW: Irrigation shall be furnished by the district’s secretary to any person who prior to the date of election makes written request therefor, stating that he is a qualified district elector. Such ballot and form may be furnished also to qualified district electors in any way deemed to be convenient without regard to requests having been made therefor. [1961 c 105 § 3. Formerly RCW 87.01.097.] 87.03.033 87.03.033 Absentee voting—Requirements for ballot to be counted—Statement of qualifications—Form of ballot. (1) To be counted in a given election, an absentee ballot must conform to these requirements: (a) It must be sealed in an unmarked envelope and delivered to the district’s principal office prior to the close of the polls on the day of that election; or be sealed in an unmarked envelope and mailed to the district’s secretary, postmarked not later than midnight of that election day and received by the secretary within five days of that date. (b) The sealed envelope containing the ballot shall be accompanied by a certificate of qualifications stating, with respect to the voter, his name, age, citizenship, residence, that he holds title or evidence of title to lands within the district which, under RCW 87.03.045 entitles him to vote in the election, and that he cannot conveniently be present to cast his ballot at his proper election precinct on election day. (c) The statements in the certificate of qualifications shall be certified as correct by the voter by the affixing of his signature thereto in the presence of a witness who is acquainted with the voter, and the voter shall enclose and seal his ballot in the unmarked envelope in the presence of this witness but without disclosing his vote. The witness, by affixing his signature to the certificate of qualifications, shall certify that he is acquainted with the voter, that in his presence the voter’s signature was affixed and the ballot enclosed as required in this paragraph. (2) The form of statement of qualifications and its certification shall be substantially as prescribed by the district’s board of directors. This form may also provide that the voter shall describe all or some part of his lands within the district which, under RCW 87.03.045 entitles him to vote in the election, but a voter otherwise qualified shall not be disqualified because of the absence or inaccuracy of the description so given. The regular form of irrigation district ballot shall be used by absentee voters. [1961 c 105 § 4. Formerly RCW 87.01.098.] 87.03.034 87.03.034 Absentee voting—How incoming ballots are handled—Canvass—Statement of result of both regular and absentee ballots. (1) Absentee ballots shall be accumulated and kept, unopened, by the district’s secretary until the time in which such ballots may be received is closed. The secretary shall deliver them to the board of directors as early as practicable on the following day. That board shall proceed at once to determine whether the voters submitting absentee ballots are qualified so to vote and to count and tally the votes of those so determined to be qualified. The board shall make, record, and certify the result of its determinations and count; and promptly thereafter it shall deliver the ballots, certificates of qualifications, and its certificate to the district’s secretary. [Title 87 RCW—page 8] The provisions of RCW 87.03.100 with respect to recount shall govern also in the case of absentee ballots. (2) On the completion of the canvass of the regular returns of the several election precincts as provided in RCW 87.03.105, the board of directors shall canvass the returns of the absentee votes and declare the result thereof in substantially the same manner as provided for the returns of the votes cast in the regular manner. Thereupon the statement of the result conforming as nearly as practicable to the requirements of RCW 87.03.110 shall be made covering both regular and absentee votes. [1961 c 105 § 5. Formerly RCW 87.01.099.] 87.03.035 Elections to form district—How conducted. The board of county commissioners shall establish a convenient number of election precincts in the proposed district and define the boundaries thereof, and designate a polling place and appoint the necessary election officers for each precinct; which precincts may thereafter be changed by the district board. The election shall be conducted as nearly as practicable in the manner provided for the election of directors. Where a nonassessable area is situated in a district, any notice, delinquent list, or other announcement required by this title to be posted, may be posted in the area and any election may be held therein. [1955 c 57 § 2. Prior: 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part; 1889-90 p 672 § 3, part; RRS § 7420, part. Formerly RCW 87.01.070.] 87.03.035 87.03.040 Elections to form district—Canvass of returns—Order. The board of county commissioners shall meet on the second Monday after the election and canvass the returns, and if it appears that at least two-thirds of all the votes cast are in favor of the district the board shall by an order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors, and shall cause a certified copy of the order to be filed for record in the offices of the auditor and assessor of each county in which any portion of the district is situated. From the date of the filing the organization of the district shall be complete and the directors may, upon qualifying, enter immediately upon the duties of their office, and shall hold office until their successors are elected and qualified. Upon filing the order, the county assessor shall write the name of the district on the permanent tax roll in a column provided for that purpose opposite each description of land in the district. Such column shall be carried forward each year on the current tax roll. In the event of a change in the boundaries of a district, the assessor shall note it in the column upon the tax roll. [1955 c 57 § 3. Prior: 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part; 1889-90 p 672 § 3, part; RRS § 7420, part. Formerly RCW 87.01.080.] 87.03.040 87.03.045 Qualifications of voters and directors— Districts of two hundred thousand acres. In districts with two hundred thousand acres or more, a person eighteen years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to land in the district or proposed district shall be entitled to vote therein. He shall be entitled to one vote for the first ten acres of said land or fraction thereof and one additional vote for all of said land over ten acres. A majority of the directors shall be residents 87.03.045 (2008 Ed.) Irrigation Districts Generally of the county or counties in which the district is situated and all shall be electors of the district. If more than one elector residing outside the county or counties is voted for as director, only that one who receives the highest number of votes shall be considered in ascertaining the result of the election. Where land is community property both the husband and wife may vote if otherwise qualified. An agent of a corporation owning land in the district, duly authorized in writing, may vote on behalf of the corporation by filing with the election officers his instrument of authority. An elector resident in the district shall vote in the precinct in which he resides, all others shall vote in the precinct nearest their residence. [1985 c 66 § 1; 1971 ex.s. c 292 § 72; 1961 c 192 § 12; 1955 c 57 § 4. Prior: 1953 c 122 § 1; 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part; 1889-90 p 672 § 3; RRS § 7420, part. Formerly RCW 87.01.090.] Severability—1985 c 66: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 66 § 6.] Severability—1971 ex.s. c 292: See note following RCW 26.28.010. Certain elections—Districts of two hundred thousand acres: RCW 87.68.060. 87.03.051 Qualifications of voters and directors— Districts of less than two hundred thousand acres. In districts with less than two hundred thousand acres, a person eighteen years old, being a citizen of the United States and a resident of the state and who holds title or evidence of title to assessable land in the district or proposed district shall be entitled to vote therein, and to be recognized as an elector. A corporation, general partnership, limited partnership, limited liability company, or other legal entity formed pursuant to the laws of the state of Washington or qualified to do business in the state of Washington owning land in the district shall be recognized as an elector. As used in this section, "entity" means a corporation, general partnership, limited partnership, limited liability company, or other legal entity formed pursuant to the laws of the state of Washington or qualified to do business in the state of Washington. "Ownership" shall mean the aggregate of all assessable acres owned by an elector, individually or jointly, within one district. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. No one ownership may accumulate more than forty-nine percent of the votes in one district. If assessments are on the basis of shares instead of acres, an elector shall be entitled to two votes for each five shares or fraction thereof. The ballots cast for each ownership of land or shares shall be exercised by common agreement between electors or when land is held as community property, the accumulated votes may be divided equally between husband and wife. Except for community property ownership, in the absence of the submission of the common agreement to the secretary of the district at least twenty-four hours before the opening of the polls, the election board shall recognize the first elector to appear on election day as the elector having the authority to cast the ballots for that parcel of land for which there is more than one ownership interest. A majority of the directors shall be residents of the county or counties in which the district is situated and all shall be electors of the district. If more than one elector residing outside the county 87.03.051 (2008 Ed.) 87.03.075 or counties is voted for as director, only that one who receives the highest number of votes shall be considered in ascertaining the result of the election. An agent of an entity owning land in the district, duly authorized in writing, may vote on behalf of the entity by filing with the election officers his or her instrument of authority. An elector resident in the district shall vote in the precinct in which he or she resides, all others shall vote in the precinct nearest their residence. No director shall be qualified to take or retain office unless the director holds title or evidence of title to land within the district. [1997 c 354 § 1; 1985 c 66 § 2.] Severability—1985 c 66: See note following RCW 87.03.045. 87.03.071 Certain districts—Individual ownerships—Two votes. In any irrigation district where more than fifty percent of the total acreage of the district is owned in individual ownerships of less than five acres, each elector who is otherwise qualified to vote pursuant to RCW 87.03.045 shall be entitled to two votes regardless of the size of ownership. Each ownership shall be represented by two votes. If there are multiple owners or joint owners of a single ownership, the owners shall decide among themselves what their two votes shall be. If the ownership is held as community property, the husband shall be entitled to one vote and the wife shall be entitled to one vote or they may vote by common agreement. [1985 c 66 § 3.] 87.03.071 Severability—1985 c 66: See note following RCW 87.03.045. 87.03.075 Ballots in all elections—Declaration of candidacy—Petition of nomination—When election not required. Voting in an irrigation district shall be by ballot. Ballots shall be of uniform size and quality, provided by the district, and for the election of directors shall contain only the names of the candidates who have filed with the secretary of the district a declaration in writing of their candidacy, or a petition of nomination as hereinafter provided, not later than five o’clock p.m. on the first Monday in November. Ballots shall contain space for sticker voting or for the writing in of the name of an undeclared candidate. Ballots shall be issued by the election board according to the number of votes an elector is entitled to cast. A person filing a declaration of candidacy, or petition of nomination as hereinafter provided, shall designate therein the position for which he is a candidate. No ballots on any form other than the official form shall be received or counted. In any election for directors where the number of votes which may be received will have no bearing on the length of the term to be served, the candidates for the position of director, in lieu of filing a declaration of candidacy hereunder, shall file with the secretary of the district a petition of nomination signed by at least ten qualified electors of the district, or of the division if the district has been divided into director divisions, not later than five o’clock p.m. on the first Monday in November. If, after the expiration of the date for filing petitions of nomination, it appears that only one qualified candidate has been nominated thereby for each position to be filled it shall not be necessary to hold an election, and the board of directors shall at their next meeting declare such candidate elected as director. The secretary shall immediately make and deliver to such person a certificate of election 87.03.075 [Title 87 RCW—page 9] 87.03.080 Title 87 RCW: Irrigation signed by him and bearing the seal of the district. The procedure set forth in this paragraph shall not apply to any other irrigation district elections. [1985 c 66 § 4; 1981 c 345 § 1; 1981 c 208 § 1; 1963 c 68 § 1; 1961 c 105 § 1; 1941 c 171 § 2; Rem. Supp. 1941 § 7420-1. Formerly RCW 87.01.110.] Severability—1985 c 66: See note following RCW 87.03.045. 87.03.080 Directors—Election—Terms—Increase and decrease. An election of directors in an irrigation district shall be held on the second Tuesday of December of each year, and the term of each director shall be three years from the first Tuesday of January following his election. The directors elected at the organization election shall serve until their successors are elected and qualified. At the first annual election occurring thirty days or more after the date of the order establishing the district, there shall be elected directors to succeed those chosen at the organization election. If the board consists of three directors the candidate receiving the highest number of votes shall serve a term of three years; the next highest, two years; and the next highest, one year. In case of five directors, the two candidates receiving the highest number of votes shall each serve a term of three years; the next two highest, two years; and the next highest, one year; or until successors are elected and qualified. In case of seven directors, the three candidates receiving the highest number of votes shall each serve a term of three years, the next two highest, two years, and the next two highest, one year, or until their successors are elected and qualified. Whenever a district with three directors desires to increase the number of its directors to five directors or whenever a district with five directors desires to increase the number of its directors to seven directors, the board of directors, acting on its own initiative or on the written petition of at least twenty electors of the district, shall submit the question to the electors of the district at a regular or special district election. In the event the electors by a majority of the votes cast favor an increase in the number of directors, there shall be elected at the next annual district election two additional directors. The person receiving the highest number of votes shall serve for a three year term and the next highest, a two year term. The number of directors may be decreased to five or three, as the case may be, substantially in the same manner as that provided for the increase of directors. In case of three directors the term of one director only shall expire annually. [1961 c 192 § 14. Prior: 1931 c 41 § 1, part; 1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.100.] 87.03.080 87.03.081 Directors—Vacancies, how filled. A vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the district were had. At the next annual election occurring thirty days or more after the date of the appointment, a successor shall be elected who shall take office on the first Tuesday in January following and shall serve for the remainder of the unexpired term. A director appointed to fill a vacancy occurring after the expiration of the term of a director shall serve until his suc87.03.081 [Title 87 RCW—page 10] cessor is elected and qualified. At the next election of directors occurring thirty days or more after the appointment, a successor shall be elected who shall take office on the first Tuesday in January next and shall serve for the term for which he was elected. Failure on the part of any irrigation district to hold one or more annual elections for selection of officers, or otherwise to provide district officers shall not dissolve the district or impair its powers, where later officers for the district are appointed or elected and qualify as such and exercise the powers and duties of their offices in the manner provided by law. [1961 c 192 § 15. Prior: 1931 c 41 § 1, part; 1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.120.] 87.03.082 Directors—Oaths of office and official bonds—Secretary. Each director shall take and subscribe an official oath for the faithful discharge of the duties of his office, and shall execute a bond to the district in the sum of one thousand dollars, conditioned for the faithful discharge of his duties, which shall be approved by the judge of the superior court of the county where the district was organized, and the oath and bond shall be recorded in the office of the county clerk of that county and filed with the secretary of the board of directors. The secretary shall take and subscribe a written oath of office and execute a bond in the sum of not less than one thousand dollars to be fixed by the directors, which shall be approved and filed as in the case of the bond of a director. If a district is appointed fiscal agent of the United States to collect money for it, the secretary and directors and the district treasurer shall each execute such additional bonds as the secretary of the interior may require, conditioned for the faithful discharge of their duties which shall be approved, recorded, and filed as other official bonds. All such bonds shall be secured at the cost of the district. [1961 c 192 § 16. Prior: 1931 c 41 § 1, part; 1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.130.] 87.03.082 Conflicts of interest, irrigation district officers: RCW 42.23.030. Conviction of public officer forfeits trust: RCW 9.92.120. Director divisions: Chapter 87.04 RCW. Misconduct of public officers: Chapter 42.20 RCW. 87.03.083 Directors—Recall and discharge. Every member of an irrigation district board of directors is subject to recall and discharge by the legal voters of such district pursuant to the provisions of *chapter 29.82 RCW. [1979 ex.s. c 185 § 15.] 87.03.083 *Reviser’s note: Chapter 29.82 RCW was recodified as chapter 29A.56 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.03.085 Post-organization district elections—Election boards—Notice. Fifteen days before any election held under this chapter, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, 87.03.085 (2008 Ed.) Irrigation Districts Generally of the time and place of holding the election. The secretary shall also post a general notice of the same in the office of the board, which shall be established and kept at some fixed place to be determined by the board, specifying the polling places of each precinct. Prior to the time for posting the notices, the board must appoint for each precinct, from the electors thereof, one inspector and two judges, who shall constitute a board of election for the precinct. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the house or place within the precinct where the election must be held. However, in any irrigation district that is less than two hundred thousand acres in size and is divided into director divisions, the board of directors in its discretion may designate one polling place within the district to serve more than one election precinct. The board of directors of any irrigation district may designate the principal business office of the district as a polling place to serve one or more election precincts and may do so regardless of whether the business office is located within or outside of the boundaries of the district. If the board of directors does designate a single polling place for more than one election precinct, then the election officials appointed by the board of directors may serve more than one election precinct and the election officials may be electors of any of the election precincts for which they are the election board. [1987 c 123 § 1; 1984 c 168 § 2; 1889-90 p 674 § 5; RRS § 7422. Formerly RCW 87.01.140.] 87.03.090 87.03.090 Post-organization district elections—Election officers—Voting hours. The inspector is chairman of the election board, and may First: Administer all oaths required in the progress of an election. Second: Appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election. The board of election for each precinct may, if they deem it necessary, before opening the polls, appoint two persons to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be opened at one o’clock p.m. on the afternoon of the election, and be kept open until eight o’clock p.m., when the same must be closed. The provisions of the general election law of this state, concerning the form of ballots to be used shall not apply to elections held under this act: PROVIDED, That any district elections called *before this act shall take effect shall be noticed and conducted in the manner prescribed by law in effect at the time the election is called. [1931 c 60 § 1; 188990 p 674 § 6; RRS § 7423. Formerly RCW 87.01.150.] *Reviser’s note: The language "before this act shall take effect" in the proviso refers to 1931 c 60 which became effective on midnight June 10, 1931; see preface, 1931 session laws. (2008 Ed.) 87.03.105 87.03.095 Post-organization district elections— Counting votes—Record of ballots. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened. As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one, by the inspector or one of the judges, who shall open them and read aloud the names of each person contained therein and the office for which every such person is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the inspector or judge. The counting of votes shall be continued without adjournment until all have been counted. [188990 p 675 § 7; RRS § 7424. Formerly RCW 87.01.160.] 87.03.095 87.03.100 Post-organization district elections—Certification of returns—Preservation for recount. As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk[s], judge[s], and the inspector. One of said certificates, with the poll list and the tally paper to which it is attached, shall be retained by the inspector, and preserved by him at least six months. The ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector, in the presence of the judges and clerks, and endorsed "Election returns of [naming the precinct] precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted. [1981 c 345 § 2; 1981 c 208 § 2; 1889-90 p 675 § 8; RRS § 7425. Formerly RCW 87.01.170 and 87.01.210, part.] 87.03.100 87.03.105 Post-organization district elections—Canvass. No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form, if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after each election, to canvass the returns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received, the board of directors must then and there proceed to canvass the returns, but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass must be made in public, and by opening the returns and estimating the vote of the district for each person voted for, 87.03.105 [Title 87 RCW—page 11] 87.03.110 Title 87 RCW: Irrigation and declaring the result thereof. [1889-90 p 676 § 9; RRS § 7426. Formerly RCW 87.01.180.] 87.03.110 Post-organization district elections— Statement of result of election—Certificate of election. The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such result, which statement must show: (1) The whole number of votes cast in the district; (2) The name of the persons voted for; (3) The office to fill which each person was voted for; (4) The number of votes given in each precinct to each of such persons; (5) The number of votes given in each precinct for and against any proposition voted upon. The board of directors must declare elected the person having the highest number of votes given for each office. The secretary must immediately make out, and deliver to such person a certificate of election signed by him and authenticated by the seal of the district. [1913 c 165 § 4; 1895 c 165 § 4; 1889-90 p 676 § 10; RRS § 7427. Formerly RCW 87.01.190.] 87.03.110 Statement of result covering both absentee and regular ballots: RCW 87.03.034. 87.03.115 Organization of board—Meetings—Quorum—Certain powers and duties. The directors of the district shall organize as a board and shall elect a president from their number, and appoint a secretary, who shall keep a record of their proceedings. The office of the directors and principal place of business of the district shall be at some place in the county in which the organization was effected, to be designated by the directors. The directors serving districts of five thousand acres or more shall hold a regular monthly meeting at their office on the first Tuesday in every month, or on such other day in each month as the board shall direct in its bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business. Directors serving districts of less than five thousand acres shall hold at least quarterly meetings on a day designated by the board’s bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business. Special meetings shall be called and conducted in the manner required by chapter 42.30 RCW. All meetings of the directors must be public. A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board there shall be a concurrence of at least a majority of the directors. All records of the board shall be open to the inspection of any electors during business hours. The board shall have the power, and it shall be its duty, to adopt a seal of the district, to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers and employees as may be necessary and prescribe their duties, and to establish equitable bylaws, rules and regulations for the government and management of the district, and for the equitable distribution of water to the lands within the district, upon the basis of the beneficial use thereof, and generally to perform all such acts as shall be necessary to fully carry out the provisions of this chapter: PROVIDED, That all water, the right to the use of which is 87.03.115 [Title 87 RCW—page 12] acquired by the district under any contract with the United States shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of the interior until full reimbursement has been made to the United States, and in accordance with the provisions of said contract in relation thereto. The bylaws, rules and regulations must be on file and open to inspection of any elector during regular business hours. All leases, contracts, or other form of holding any interest in any state or other public lands shall be, and the same are hereby declared to be title to and evidence of title to lands and for all purposes within *this act, shall be treated as the private property of the lessee or owner of the contractual or possessory interest: PROVIDED, That nothing in this section shall be construed to affect the title of the state or other public ownership, nor shall any lien for such assessment attach to the fee simple title of the state or other public ownership. The board of directors shall have authority to develop and to sell, lease, or rent the use of: (1) Water derived from the operation of the district water facilities to such municipal and quasi municipal entities, the state of Washington, and state entities and agencies, public and private corporations and individuals located within and outside the boundaries of the district and on such terms and conditions as the board of directors shall determine; and (2) power derived from hydroelectric facilities authorized by RCW 87.03.015(1) as now or hereafter amended, to such municipal or quasi municipal corporations and cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, and other irrigation districts and on such terms and conditions as the board of directors shall determine: PROVIDED, No water shall be furnished for use outside of said district until all demands and requirements for water for use in said district are furnished and supplied by said district: AND PROVIDED FURTHER, That as soon as any public lands situated within the limits of the district shall be acquired by any private person, or held under any title of private ownership, the owner thereof shall be entitled to receive his proportion of water as in case of other land owners, upon payment by him of such sums as shall be determined by the board, and at the time to be fixed by the board, which sums shall be such equitable amount as such lands should pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and giving credit if equitable for any sums paid as water rent by the occupant of said lands prior to the vesting of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed. [1983 c 262 § 1; 1979 ex.s. c 185 § 3; 1921 c 129 § 5; 1919 c 180 § 4; 1915 c 179 § 4; 1913 c 165 § 5; 1889-90 p 677 § 11; RRS § 7428. Formerly RCW 87.01.200 and 87.32.010, part.] *Reviser’s note: "This act" first appears in 1921 c 129 § 5. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Director divisions: Chapter 87.04 RCW. 87.03.120 System of drainage, sanitary sewers, or sewage disposal or treatment plants—Question— Notice—Meeting—Resolution. Whenever, in the judgment of the district board, a system of drainage, sanitary sewers, or 87.03.120 (2008 Ed.) Irrigation Districts Generally sewage disposal or treatment plants for any lands included in the operation of the district will be of special benefit to the lands of the district as a whole, it shall pass a resolution to that effect and call a further meeting of the board to determine the question. Notice of said meeting shall be given by the secretary for the same length of time and in the same manner as required by law for the meeting of the county board to hear the petition for the organization of the district. At the time and place mentioned in the notice the board shall meet, hear such evidence as shall be presented, and fully determine the matter by resolution which said resolution shall be final and conclusive upon all persons as to the benefit of said system of drainage, sanitary sewers, or sewage disposal or treatment plants to the lands in the district. [1965 c 141 § 3; 1923 c 138 § 5, part; RRS § 7428-1. Formerly RCW 87.08.130, part.] Organization of district—Notice: RCW 87.03.020. 87.03.137 once a week during three consecutive weeks before the day fixed for making the sale or lease. The publication shall contain notice of the intention of the board of directors to make the sale or lease and shall state the time and place at which proposals for the sale or lease will be considered and at which the sale or lease will be made. Any such property so sold or leased shall be sold or leased to the highest and best bidder. The provisions of this section relating to publication of notice shall not apply when the value of the property to be sold or leased is less than five hundred dollars. [1994 c 117 § 1; 1975 1st ex.s. c 163 § 1; 1967 ex.s. c 144 § 7; 1933 c 43 § 1; 1931 c 82 § 1; RRS § 7428-4. Formerly RCW 87.08.150.] Severability—1967 ex.s. c 144: See note following RCW 36.900.030. Official paper for publication: RCW 87.03.020. Organization of board (holding of interest in public lands as evidence of title): RCW 87.03.115. 87.03.136 Sale or lease of district real property. An irrigation district has the power to sell or lease real property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. Notice of the district’s intention to sell or lease the property shall be made by publication at least twenty days before the transaction is executed regarding the property in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks. The notice shall state whether the sale or lease will be negotiated by the district or will be awarded by bid. The district may lease the property from year to year, afford the lessee the option to purchase the property, sell the property on contract for deferred payments, sell the property pursuant to a promissory note secured by a mortgage or deed of trust, or sell the property for cash and conveyance by deed. The appropriate documents shall be executed by the president of the board and acknowledged by the secretary. The resolution authorizing the sale or lease shall be entered in the minutes of the board and shall fix the price at which the lease, option, or sale may be made. The price shall be not less than the reasonable market value of the property; however, the board may, without consideration, dedicate, grant, or convey district land or easements in district land for highway or public utility purposes that convenience the inhabitants of the district if the board deems that the action will enhance the value of the remaining district land to an extent equal to or greater than the value of the land or easement dedicated, granted, or conveyed. [1994 c 117 § 2.] 87.03.136 87.03.125 System of drainage, sanitary sewers, or sewage disposal or treatment plants—Powers upon passage of resolution. Upon the passing of said resolution, the district shall in all respects have the same power and authority as is now, or may hereafter be, conferred respecting irrigation and all powers in this act conferred upon irrigation districts with respect to irrigation shall be construed to include drainage systems, sanitary sewers, and sewage disposal or treatment plants in conjunction therewith as herein provided. [1965 c 141 § 4; 1923 c 138 § 5, part; RRS § 7428-2. Formerly RCW 87.08.130, part.] 87.03.125 87.03.130 District change of name. Any district heretofore or hereafter organized and existing, may change its name by filing with the board of county commissioners of the county in which was filed the original petition for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings of such district shall be had under such changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name, and a change of name heretofore made by any existing irrigation district in this state, substantially in the manner above provided is hereby ratified, confirmed and validated. [1965 c 141 § 5; 1923 c 138 § 5, part; RRS § 7428-3. Formerly RCW 87.08.140.] 87.03.130 87.03.135 Sale or lease of district personal property. An irrigation district has the power to sell or lease personal property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. No sale or lease of such property shall be made until notice of the sale or lease is given by publication at least twenty days before the date of the sale or lease in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least 87.03.135 (2008 Ed.) 87.03.137 Purchase or condemnation for developing hydroelectric generation capabilities—Limitations. For the purpose of developing hydroelectric generation capabilities in connection with irrigation facilities, the board of directors of an irrigation district shall have the power, in accordance with procedures provided in this chapter, to acquire, either by purchase or condemnation, or other legal means, all lands, waters, water rights, and other property located within or outside the boundaries of the district necessary for the con87.03.137 [Title 87 RCW—page 13] 87.03.138 Title 87 RCW: Irrigation struction, use, supply, maintenance, repair, or improvement of hydroelectric facilities to the extent authorized by RCW 87.03.015(1), as now or hereafter amended. Irrigation districts are prohibited from condemning: (1) Any hydroelectric power plants, hydroelectric power sites, power lines or other power facilities or any lands, water rights, or other property of municipal and quasi municipal corporations, cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission; and (2) water rights held by private individual landowners where such waters are being put to beneficial use. [1979 ex.s. c 185 § 4.] Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.03.138 Civil immunity of directors, officers, employees, or agents for good faith performance of official duties. Directors, officers, employees, or agents of irrigation districts shall be immune from civil liability for any cause of action or claim for damages for any mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties involving any discretionary decision or failure to make a discretionary decision which relate solely to their responsibilities for electrical utilities, hydroelectric facilities, potable water facilities, or irrigation works. This grant of immunity shall not be construed as modifying the liability of the irrigation district. [2004 c 215 § 1; 1983 1st ex.s. c 48 § 3.] 87.03.138 Severability—1983 1st ex.s. c 48: See note following RCW 35.21.415. 87.03.139 Lawful disposal of sewage and waste by others—Immunity. No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to persons or property arising from the disposal of sewage and waste discharged by others into the irrigation works pursuant to federal or state statutes, rules, or regulations permitting the discharge. [1997 c 354 § 2.] 87.03.139 87.03.140 Board’s powers and duties generally— Condemnation procedure. The board, and its agents and employees, shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation or drainage works, power plants, power sites or power lines and the line for any canal or canals, and the necessary branches of laterals for the same, on any lands which may be deemed best for such location. Said board shall also have the power to acquire, either by purchase or condemnation, or other legal means, all lands, waters, water rights, and other property necessary for the construction, use, supply, maintenance, repair and improvements of said canal or canals and irrigation and drainage works, including canals and works constructed or being constructed by private owners, or any other person, lands for reservoirs for the storage of needful waters and all necessary appurtenances. The board may also construct the necessary dams, reservoirs and works for the collection of water for the said district, and may enter into contracts for a 87.03.140 [Title 87 RCW—page 14] water supply to be delivered to the canals and works of the district, and do any and every lawful act necessary to be done in order to carry out the purposes of this act; and in carrying out the aforesaid purposes the bonds of the district may be used by the board, at not less than ninety percent of their par value in payment. The board may enter into any obligation or contract with the United States or with the state of Washington for the supervision of the construction, for the construction, reconstruction, betterment, extension, sale or purchase, or operation and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the state reclamation act, or under the provisions of the federal reclamation act, and all amendments or extensions thereof, and the rules and regulations established thereunder, or it may contract with the United States for a water supply or for reclamation purposes in general under any act of congress which, for the purposes of this act, shall be deemed to include any act of congress for reclamation purposes heretofore or hereafter enacted providing for and permitting such contract, or for the collection of money due or to become due to the United States, or for the assumption of the control and management of the works; and in case contract has been or may hereafter be made with the United States, as herein provided, bonds of the district may be deposited with the United States as payment or as security for future payment at not less than ninety percent of their par value, the interest on said bonds to be provided for by assessment and levy as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in such contract, and if bonds of the district are not so deposited, it shall be the duty of the board of directors to include as part of any levy or assessment provided in RCW 87.03.260 an amount sufficient to meet each year all payments accruing under the terms of any such contract. The board may accept on behalf of the district appointment of the district as fiscal agent of the United States or the state of Washington or other authorization of the district by the United States or the state of Washington to make collections of money for or on behalf of the United States or the state of Washington in connection with any federal or other reclamation project, whereupon the district, and the county treasurer for the district, shall be authorized to so act and to assume the duties and liability incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. The use of all water required for the irrigation of the lands within any district, together with rights-of-way for canals, laterals, ditches, sites for reservoirs, power plants, sites, and lines, and all other property required in fully carrying out the purposes of the organization of the district is hereby declared to be a public use; and in condemnation proceedings to acquire any property or property rights for the use of the district, the board of directors shall proceed in the name of the district, in the manner provided in this state in cases of appropriation of lands, real estate and other property by private corporations: PROVIDED, That the irrigation district, at its option, pursuant to resolution to that end duly passed by its board of directors may unite in a single action proceedings for the acquisition and condemnation of different tracts of (2008 Ed.) Irrigation Districts Generally land needed by it for rights-of-way for canals, laterals, power plants, sites, and lines and other irrigation works which are held by separate owners. And the court may, on the motion of any party, consolidate into a single action separate suits for the condemnation of rights-of-way for such irrigation works whenever from motives of economy or the expediting of business it appears desirable so to do: PROVIDED FURTHER, That there shall be a separate finding of the court or jury as to each tract held in separate ownership. In any condemnation proceeding brought under the provisions of this act to acquire canals, laterals and ditches and rights-of-way therefor, sites, reservoirs, power plants and pumping plants and sites therefor, power canals, transmission lines, electrical equipment and any other property, and if the owner or owners thereof or their predecessors shall have issued contracts or deeds agreeing to deliver to the holders of said contracts or deeds water for irrigation purposes, or authorizing the holders thereof to take or receive water for irrigation purposes from any portion of said property or works, and if the delivery of said water or the right to take or receive the same shall in any manner constitute a charge upon, or a right in the property and works sought to be acquired, or any portion thereof, the district shall be authorized to institute and maintain said condemnation proceedings for the purpose of acquiring said property and works, and the interest of the owners therein subject to the rights of the holders of such contracts or deeds, and the court or jury making the award shall determine and award to such owner or owners the value of the interest to be so appropriated in said condemnation proceedings. [1921 c 129 § 6; 1919 c 180 § 5; 1915 c 179 § 5; 1913 c 165 § 6; 1913 c 13 § 1; 1889-90 p 678 § 12; RRS § 7429. Formerly RCW 87.01.210, part and 87.08.080.] 87.03.155 gross damages exceed said gross benefits, judgment shall be entered against the district, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over said benefits, and for the costs of the proceedings, and upon payment of the judgment to the clerk of the court for the owner or owners, a decree of appropriation shall be entered, vesting the title to the property appropriated in the irrigation district. If it shall appear by the verdict that the gross benefits equal or exceed the gross damages, judgment shall be entered against the district and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall be entered, vesting the title to the property appropriated in the irrigation district. The verdict and findings of the court or jury as to damages and benefits shall be binding upon the board of directors of the irrigation district in their levy of assessments to pay the cost of the irrigation system or improvements on behalf of which the condemnation was had: PROVIDED, That nothing herein contained shall be construed to prevent the district from assessing the remaining lands of the owner or owners, so damaged, for deficiencies on account of the principal and interest on bonds and for other benefits not considered by the jury in the condemnation proceedings. The damages thus allowed but not paid shall be applied pro tanto to the satisfaction of the levies made for such construction costs upon the lands on account of which the damages were awarded. [1923 c 138 § 6; 1919 c 180 § 6; RRS § 7429-1. Formerly RCW 87.08.090.] 87.03.150 Condemnation—Title acquired by district. The title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in such irrigation district and shall be held by such district in trust for, and is hereby dedicated and set apart to the uses and purposes set forth in this chapter; and said board is hereby authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided: PROVIDED, HOWEVER, That any property so acquired by the district may be conveyed to the United States, or the state of Washington, insofar as the same may be for the benefit of the district under any contract that may be entered into with the United States, or the state of Washington, pursuant to this act. The title acquired by an irrigation district under the provisions of this act shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation. [1921 c 129 § 7; 1917 c 162 § 3; 1915 c 179 § 6; 1889-90 p 679 § 13; RRS § 7430. Formerly RCW 87.08.170.] 87.03.150 Bonds of director, secretary or county treasurer when fiscal agent of United States: RCW 87.03.082. Cancellation of assessments due United States—Procedure: RCW 87.03.280. Certain powers of district enumerated: RCW 87.03.015. Certain purposes for which district may be formed: RCW 87.03.010. Condemnation—Title acquired by district (may be conveyed to United States or state): RCW 87.03.150. Contracts with state or United States for local improvement work: RCW 87.03.520. Districts right to cross other property: RCW 87.03.455. Eminent domain by corporations: Chapter 8.20 RCW. Federal reclamation laws: 43 USC §§ 371-498. Indemnity to state on land settlement contracts: Chapter 87.48 RCW. Reclamation Service may make findings: RCW 87.03.185. State Reclamation Act: Chapter 89.16 RCW. Board’s powers and duties (contracts with state or United States): RCW 87.03.140. 87.03.145 Condemnation—Finding of benefits and damages—Judgment—Costs. The jury, or the court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the property damaged by reason of the proposed improvement, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of special benefits that will accrue. If it shall appear by the verdict or findings, that the 87.03.155 Conveyances—Actions by and against district. The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such irrigation district, to and for the uses and purposes herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any and all rights, privileges and immunities created by this act, or acquired in pursuance thereof; and in all courts, actions, suits or proceed- 87.03.145 (2008 Ed.) 87.03.155 [Title 87 RCW—page 15] 87.03.158 Title 87 RCW: Irrigation ings, the said board may sue, appear and defend, in person or by attorneys, and in the name of such irrigation district. [1889-90 p 679 § 14; RRS § 7431. Formerly RCW 87.01.230.] 87.03.158 Officers, employees, agents—Legal representation—Costs of defense. The board of directors of an irrigation district may authorize an attorney of its choosing to defend an officer, employee, or agent of the district, present or former, who requests representation as a result of an action, claim, or proceeding instituted against him or her. The costs of defense, including attorney’s fees and any obligation for payment arising from the action, may be paid from district funds. Costs of defense, and judgment or settlement not in the person’s favor, shall not be paid by the district if the court finds the person was not acting in good faith or within the scope of the person’s employment or duties for the district. [1986 c 8 § 1.] 87.03.158 87.03.170 Proposed works—Certification filed with director of ecology. Such examinations, surveys, maps, plans and specifications with estimates of cost as are deemed necessary for an understanding of the proposed plan of development shall be certified by the district board and its engineer and filed with the state director of ecology at Olympia, Washington. [1988 c 127 § 41; 1923 c 138 § 7, part; RRS § 7431 1/2-1. Formerly RCW 87.12.020, part.] 87.03.170 87.03.175 Proposed works—Director’s findings to district board. Said director shall forthwith consider said certified report and if he deem it advisable make, through the appropriate divisions of his department, additional studies of the project at the expense of the district, and as soon as practicable thereafter, but in any event within ninety days from the receipt of said certified report, make his findings and submit the same to the district board. [1923 c 138 § 7, part; RRS § 7431 1/2-2. Formerly RCW 87.12.020, part.] 87.03.175 87.03.180 Proposed works—Substance of director’s findings. In his findings said state director shall give generally his conclusions regarding the supply of water available for the project, the nature of the soil proposed to be irrigated and its susceptibility to irrigation, the duty of water for irrigation and the probable need of drainage, the probable cost of works, water rights and other property necessary for the project, the conditions of land settlement therein, and the proper amount and dates of maturity of the bonds proposed to be issued, and such other matters as he deems pertinent to the success of the project, provided that said findings and conclusions shall be advisory only and shall not be binding upon the directors of the irrigation district. [1923 c 138 § 7, part; RRS § 7431 1/2-3. Formerly RCW 87.12.030.] 87.03.180 87.03.160 Group insurance—Purchase. The board of directors of irrigation districts shall have the authority and power to contract for and to pay the premium upon group life, health and accident insurance upon its employees; and to make all such insurance available to its directors, subject to payment by the directors of all costs of insurance for directors. [1975 c 14 § 1; 1951 c 159 § 1. Formerly RCW 87.01.225.] 87.03.160 Hospitalization and medical insurance authorized: RCW 41.04.180. Hospitalization and medical insurance not deemed additional compensation: RCW 41.04.190. 87.03.162 Liability insurance for officials and employees. The board of directors of each irrigation district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties. [1973 c 125 § 8.] 87.03.162 87.03.164 Liability insurance for officers and employees authorized. See RCW 36.16.138. 87.03.164 87.03.165 Proposed works—Surveys, maps and plans to be prepared. For the purpose of construction, reconstruction, betterment, extension or acquisition of the necessary property and rights therefor, and otherwise carrying out the provisions of law relating to irrigation districts, the board of directors of any such district must, as soon after such district has been organized as may be practicable, and whenever thereafter the board deems it necessary or expedient to raise additional money for said purpose, cause the necessary surveys, examinations, maps and plans to be made and shall demonstrate the practicability of the general plan of the district’s proposed works and furnish the proper basis for an estimate of the cost of carrying out the same. [1923 c 138 § 7, part; RRS § 7431 1/2. Formerly RCW 87.12.010, part and 87.16.010.] 87.03.165 Map of district: RCW 87.03.775. [Title 87 RCW—page 16] 87.03.185 Proposed works—Reclamation Service may make findings. In the case of an irrigation district under contract or in cooperation with the United States under the provisions of the United States Reclamation Act, the investigation and findings above required to be made by the state director of ecology may be made by the United States Reclamation Service with the same authority and under like conditions, if it so elects. [1988 c 127 § 42; 1923 c 138 § 7, part; RRS § 7431 1/2-4. Formerly RCW 87.12.040.] 87.03.185 87.03.190 Proposed works—Plan of development— Special election. Upon receipt of said findings the district board shall thereupon finally determine the plan of development and estimate and determine the amount of money to be raised and shall immediately thereafter call a special election as provided by law. [1923 c 138 § 7, part; RRS § 7431 1/2-5. Formerly RCW 87.12.050.] 87.03.190 Elections are governed by irrigation district laws: RCW 87.03.030. Post-organization district elections: RCW 87.03.085 through 87.03.110. 87.03.195 Proposed works—Certain irrigation districts excepted. As to irrigation districts existing on March 17, 1923, the provisions of RCW 87.03.165 through 87.03.190 relating to the filing of examinations, surveys, maps, plans and specifications of the plan of development with the director of ecology and to an examination and the fil87.03.195 (2008 Ed.) Irrigation Districts Generally ing of findings and conclusions by that department, shall not apply. [1988 c 127 § 43; 1923 c 138 § 8; RRS § 7431 1/2-6. Formerly RCW 87.12.010, part.] 87.03.200 Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—Reissue—Election concerning contract with United States— Penalty. (1) At the election provided for in RCW 87.03.190, there shall be submitted to the electors of the district possessing the qualifications prescribed by law the question of whether or not the bonds of the district in the amount and of the maturities determined by the board of directors shall be issued. Bonds issued under the provisions of *this act shall be serial bonds payable in legal currency of the United States in such series and amounts as shall be determined and declared by the board of directors in the resolution calling the election: PROVIDED, That the first series shall mature not later than ten years and the last series not later than forty years from the date thereof: PROVIDED FURTHER, That bonds, authorized by a special election held in the district under the provisions of a former statute, which has subsequent to the authorization been amended, but not issued prior to the amendment of the former statute, may be issued in the form provided in the former statute, and any such bonds heretofore or hereafter so issued and sold are hereby confirmed and validated. Notice of such bond election must be given by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least two weeks (three times). Such notices must specify the time of holding the election, and the amount and maturities of bonds proposed to be issued; and the election must be held and the results thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of law governing the election of the district officers: PROVIDED, That no informality in conducting such election shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Bonds Yes" and "Bonds No," or words equivalent thereto. If a majority of the votes cast are cast "Bonds Yes," the board of directors shall thereupon have authority to cause bonds in such amount and maturities to be issued. If the majority of the votes cast at any bond election are "Bonds No," the result of such election shall be so declared and entered of record; but if contract is made or is to be made with the United States as in RCW 87.03.140 provided, and bonds are not to be deposited with the United States in connection with such contract, the question submitted at such special election shall be whether contract shall be entered into with the United States. The notice of election shall state under the terms of what act or acts of congress contract is proposed to be made, and the maximum amount of money payable to the United States for construction purposes exclusive of penalties and interest. The ballots for such election shall contain the words "Contract with the United States Yes" and "Contract with the United States No," or words equivalent thereto. And whenever thereafter the board, in its judgment, deems it for the best interest of the district that the question of issuance of bonds for such amount, or any amount, or the question of entering into a contract with the United States, shall be sub87.03.200 (2008 Ed.) 87.03.200 mitted to the electors, it shall so declare, by resolution recorded in its minutes, and may thereupon submit such question to the electors in the same manner and with like effect as at such previous election. (2) All bonds issued under *this act shall bear interest at such rate or rates as the board of directors may determine, payable semiannually on the first day of January and of July of each year. The principal and interest shall be payable at the office of the county treasurer of the county in which the office of the board of directors is situated, or if the board of directors shall so determine at the fiscal agency of the state of Washington in New York City, the place of payment to be designated in the bond. The bonds may be in such denominations as the board of directors may in its discretion determine, except that bonds other than bond number one of any issue shall be in a denomination that is a multiple of one hundred dollars. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. The bonds shall be negotiable in form, signed by the president and secretary, and the seal of the district shall be affixed thereto. The printed, engraved, or lithographed facsimile signatures of the president and secretary of the district’s board of directors shall be sufficient signatures on the bonds or any coupons: PROVIDED, That such facsimile signatures on the bonds may be used only after the filing, by the officer whose facsimile signature is to be used, with the secretary of state of his or her manual signature certified by him or her under oath, whereupon that officer’s facsimile signature has the same legal effect as his or her manual signature: PROVIDED, FURTHER, That either the president of the board of directors’ or the secretary’s signature on the bonds shall be manually subscribed: AND PROVIDED FURTHER, That whenever such facsimile reproduction of the signature of any officer is used in place of the manual signature of such officer, the district’s board of directors shall specify in a written order or requisition to the printer, engraver, or lithographer the number of bonds or any coupons upon which such facsimile signature is to be printed, engraved, or lithographed and the manner of numbering the bonds or any coupons upon which such signature shall be placed. Within ninety days after the completion of the printing, engraving, or lithographing of such bonds or any coupons, the plate or plates used for the purpose of affixing the facsimile signature shall be destroyed, and it shall be the duty of the district’s board of directors, within ninety days after receipt of the completed bonds or any coupons, to ascertain that such plate or plates have been destroyed. Every printer, engraver, or lithographer who, with the intent to defraud, prints, engraves, or lithographs a facsimile signature upon any bond or any coupon without written order of the district’s board of directors, or fails to destroy such plate or plates containing the facsimile signature upon direction of such issuing authority, is guilty of a class B felony punishable according to chapter 9A.20 RCW. (3) Whenever the electors shall vote to authorize the issuance of bonds of the district such authorization shall nullify and cancel all unsold bonds previously authorized, and if the question is submitted to and carried by the electors at the bond election, any bond issue may be exchanged in whole or in part, at par, for any or all of a valid outstanding bond issue of the district when mutually agreeable to the owner or own[Title 87 RCW—page 17] 87.03.205 Title 87 RCW: Irrigation ers thereof and the district, and the amount of the last bond issue in excess, if any, of that required for exchange purposes, may be sold as in the case of an original issue. The bonds of any issue authorized to be exchanged in whole or in part for outstanding bonds shall state on their face the amount of such issue so exchanged, and shall contain a certificate of the treasurer of the district as to the amount of the bonds exchanged, and that the outstanding bonds have been surrendered and canceled: PROVIDED FURTHER, That where bonds have been authorized and unsold, the board of directors may submit to the qualified voters of the district the question of canceling the previous authorization, which question shall be submitted upon the same notice and under the same regulations as govern the submission of the original question of authorizing a bond issue. At such election the ballots shall contain the words "Cancellation Yes," and "Cancellation No," or words equivalent thereto. If at such election a majority of the votes are "Cancellation Yes," the issue shall be thereby canceled and no bonds may be issued thereunder. If the majority of ballots are "Cancellation No," the original authorization shall continue in force with like effect as though the cancellation election had not been held: PROVIDED, That bonds deposited with the United States in payment or in pledge may call for the payment of such interest at such rate or rates, may be of such denominations, and call for the repayment of the principal at such times as may be agreed upon between the board and the secretary of the interior. (4) Each issue shall be numbered consecutively as issued, and the bonds of each issue shall be numbered consecutively and bear date at the time of their issue. The bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. The bonds shall express upon their face that they were issued by authority of **this act, stating its title and date of approval, and shall also state the number of issue of which such bonds are a part. In case the money received by the sale of all bonds issued be insufficient for the completion of plans of the canals and works adopted, and additional bonds be not voted, or a contract calling for additional payment to the United States be not authorized and made, as the case may be, it shall be the duty of the board of directors to provide for the completion of the plans by levy of assessments therefor. It shall be lawful for any irrigation districts which have heretofore issued and sold bonds under the law then in force, to issue in place thereof an amount of bonds not in excess of such previous issue, and to sell the same, or any part thereof, as hereinafter provided, or exchange the same, or any part thereof, with the owners of such previously issued bonds which may be outstanding, upon such terms as may be agreed upon between the board of directors of the district and the holders of such outstanding bonds: PROVIDED, That the question of such reissue of bonds shall have been previously voted upon favorably by the legally qualified electors of such district, in the same manner as required for the issue of original bonds, and the board shall not exchange any such bonds for a less amount in par value of the bonds received; all of such old issue in place of which new bonds are issued shall be destroyed whenever lawfully in possession of the board. Bonds issued under the provisions of this section may, when so authorized by the electors, include a sum sufficient to pay the interest thereon for a period not exceeding the first four [Title 87 RCW—page 18] years. Whenever an issue of bonds shall have been authorized pursuant to law, and any of the earlier series shall have been sold, and the later series, or a portion thereof, remain unsold, the directors may sell such later series pursuant to law, or such portion thereof as shall be necessary to pay the earlier series, or the directors may exchange the later series for the earlier series at not less than the par value thereof, the sale or exchange to be made not more than six months before the maturity of the earlier series and upon the exchange being made the maturing bonds shall be disposed of as hereinbefore provided in the case of bonds authorized to be exchanged in whole or in part for outstanding bonds. (5) Notwithstanding subsections (1) through (4) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [2003 c 53 § 411; 1983 c 167 § 213; 1977 ex.s. c 119 § 1; 1970 ex.s. c 56 § 95; 1969 ex.s. c 232 § 46; 1963 c 68 § 2; 1923 c 138 § 9; 1921 c 129 § 8; 1917 c 162 § 3A; 1915 c 179 § 7; 1895 c 165 § 5; 1889-90 p 679 § 15; RRS § 7432. Formerly RCW 87.16.020 through 87.16.070.] Reviser’s note: *(1) "This act" appears to refer to 1921 c 129. **(2) "This act" appears to refer to 1889-90 p. 679. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 87.03.205 Sections exclusive of other bonding methods—Validation. The procedure outlined in RCW 87.03.165 through 87.03.190, 87.03.200, and in 87.03.210, for the authorization, issuance and disposal of bonds as heretofore constituted and shall hereafter constitute a method independent and exclusive of that provided by any other statute or statutes, for the authorization, issuance and disposal of bonds of the district for any and all of the objects and purposes in said sections provided, and any or all proceedings heretofore had, official acts heretofore performed or any bonds heretofore authorized or issued or disposed of in substantial accordance with the provisions of said sections are hereby validated and confirmed. [1933 ex.s. c 11 § 5; RRS § 7432 1/2. Formerly RCW 87.16.130.] 87.03.205 87.03.210 Sale or pledge of bonds. (1) The board may sell the bonds of the district or pledge the same to the United States from time to time in such quantities as may be necessary and most advantageous to raise money for the construction, reconstruction, betterment or extension of such canals and works, the acquisition of said property and property rights, the payment of outstanding district warrants when consented to in writing by the director of ecology, and to such extent as shall be authorized at said election, the assumption of indebtedness to the United States for the district lands, and otherwise to fully carry out the objects and purposes of the district organization, and may sell such bonds, or any of them, at private sale whenever the board deems it for the best interest of the district so to do: PROVIDED, That no election to authorize bonds to refund outstanding warrants shall be held and canvassed after the expiration of the year 1934. The 87.03.210 (2008 Ed.) Irrigation Districts Generally board of directors shall also have power to sell said bonds, or any portion thereof, at private sale, and accept in payment therefor, property or property rights, labor and material necessary for the construction of its proposed canals or irrigation works, power plants, power sites and lines in connection therewith, whenever the board deems it for the best interests of the district so to do. If the board shall determine to sell the bonds of the district, or any portion thereof, at public sale, the secretary shall publish a notice of such sale for at least three weeks in such newspaper or newspapers as the board may order. The notice shall state that sealed proposals will be received by the board, at its office, for the purchase of the bonds to be sold, until the day and hour named in the notice. At the time named in the notice, the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder and may reject all bids: PROVIDED, That such bonds shall not be sold for less than ninety percent of their face value: AND PROVIDED, FURTHER, That the proceeds of all bonds sold for cash must be paid by the purchaser to the county treasurer of the county in which the office of the board is located, and credited to the bond fund. (2) Notwithstanding subsection (1) of this section, such bonds may also be issued and sold in accordance with chapter 39.46 RCW. [1988 c 127 § 44; 1983 c 167 § 214; 1933 c 43 § 2; 1921 c 129 § 9; 1915 c 179 § 8; 1913 c 165 § 7; 1895 c 165 § 6; 1889-90 p 681 § 16; RRS § 7433. Formerly RCW 87.16.080.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.03.215 Payment of bonds and interest, other indebtedness—Lien, enforcement of—Scope of section. Said bonds and interest thereon and all payments due or to become due to the United States or the state of Washington under any contract between the district and the United States or the state of Washington accompanying which bonds of the district have not been deposited with the United States or the state of Washington, as in RCW 87.03.140 provided, shall be paid by revenue derived from an annual assessment upon the real property of the district, and all the real property in the district shall be and remain liable to be assessed for such payments until fully paid as hereinafter provided. And in addition to this provision and the other provisions herein made for the payment of said bonds and interest thereon as the same may become due, said bonds, or the contract with the United States or the state of Washington accompanying which bonds have not been deposited with the United States or the state of Washington, shall become a lien upon all the water rights and other property acquired by any irrigation district formed under the provisions of this chapter, and upon any canal or canals, ditch or ditches, flumes, feeders, storage reservoirs, machinery and other works and improvements acquired, owned or constructed by said irrigation district, and if default shall be made in the payment of the principal of said bonds or interest thereon, or any payment required by the contract with the United States, or the state of Washington, according to the terms thereof, the owner of said bonds, or any part thereof or the United States or the state of Washington as the case may be, shall have the right to enter upon and take possession of all the water rights, canals, ditches, flumes, feeders, storage reservoirs, machinery, property and improvements of said 87.03.215 (2008 Ed.) 87.03.235 irrigation district, and to hold and control the same, and enjoy the rents, issues and profits thereof, until the lien hereby created can be enforced in a civil action in the same manner and under the same proceedings as given in the foreclosure of a mortgage on real estate. This section shall apply to all bonds heretofore issued or any contract heretofore made with the United States, or which may hereafter be issued or made by any district: PROVIDED, That when any such contract made after December 1, 1981, between any district and the United States or the state of Washington covers only the real property in a portion or portions of the district, all payments due or to become due to the United States or the state of Washington shall be paid by revenue derived from an annual assessment upon the real property only in that portion or portions of the district covered by the contract and the real property shall be and remain liable to be assessed for such payments until fully paid and any assessment lien which attaches thereto shall be the exclusive lien notwithstanding other liens provided for in this section. In the event of a contract between the district and the United States or the state of Washington accompanying which bonds of the district have not been deposited with the United States or the state of Washington as provided in RCW 87.03.140 and the contract covers real property in only a portion or portions of the district, the question of whether the district should enter the contract shall be submitted only to those qualified electors who hold title or evidence of title to real property within that portion or portions of the district and in the same manner as provided in RCW 87.03.200. [1983 c 167 § 215; 1981 c 209 § 16; 1921 c 129 § 10; 1915 c 179 § 9; 1913 c 165 § 8; 1895 c 165 § 7; 1889-90 p 681 § 17; RRS § 7434. Formerly RCW 87.16.090.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—1981 c 209: "This act shall take effect December 1, 1981, and shall apply to assessments made in 1981 and thereafter." [1981 c 209 § 18.] For codification of 1981 c 209, see Codification Tables, Volume 0. 87.03.220 Refunding bonds, 1923 act. 87.19 RCW. See chapter 87.03.225 Refunding bonds, 1929 act. 87.22 RCW. See chapter 87.03.220 87.03.225 87.03.230 Revenue bonds for water, power, drains, sewers, sewage disposal, etc. See chapter 87.28 RCW. 87.03.230 87.03.235 Rights of federal agencies as to certain district bonds. If the United States under any act of congress or under rules and regulations adopted by the secretary of the interior, shall be willing to guarantee the interest upon bonds of any irrigation district, or shall be willing to receive bonds of any such district in payment of, or as security for payment upon, any contract of the United States, then the United States shall have all the remedies given by law to a bondholder, and, in cases of payment under any guaranty, the United States shall be subrogated to all the rights and remedies of the bondholder to the extent of any such payment; and the United States, or its proper department officers, may make such rules and regulations as may be necessary for the purpose of insuring the carrying out of any plan or project 87.03.235 [Title 87 RCW—page 19] 87.03.240 Title 87 RCW: Irrigation which may have been approved by them as the basis of any guaranty. [1915 c 99 § 6; RRS § 7435. Formerly RCW 87.16.100.] District elections (assessment roll): RCW 87.03.040. 87.03.240 Assessments, how and when made— Assessment roll. Assessments made in order to carry out the purpose of this act shall be made in proportion to the benefits accruing to the lands assessed and equitable credit shall be given to the lands having a partial or full water right: PROVIDED, That nothing herein shall be construed to affect or impair the obligation of any existing contract providing for a water supply to lands so assessed, unless the right under such contract shall first have been acquired by said district, and in acquiring such rights, the district may exercise the right of eminent domain. The secretary must between the first Monday in March and the first Tuesday in November each year prepare an assessment roll with appropriate headings in which must be listed all the lands within the district. In such book must be specified, in separate columns, under the appropriate headings: First, the name of the person to whom the property is assessed. If the name is not known to the secretary, the property shall be assessed to "unknown owners". Second, land by township, range and section or fractional section, and when such land is not a legal subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, city and town lots, naming the city or town, and the number and block according to the system of numbering in such city or town. Assessors’ plat tax numbers used by county assessors for general state and county taxes in the county where such land is situate may be used for such identification in such assessment roll. Third, in further columns with appropriate headings shall be specified the ratio of benefits, or, when deemed by the secretary more practicable, the per acre value, or the amount of benefits, for general and special district and local improvement district purposes, and the total amount assessed against each tract of land. Any property which may have escaped assessment for any year or years, shall in addition to the assessment for the then current year, be assessed for such year or years with the same effect and with the same penalties as are provided for such current year and any property delinquent in any year may be directly assessed during the current year for any expenses caused the district on account of such delinquency. Where the district embraces lands lying in more than one county the assessment roll shall be so arranged that the lands lying in each county shall be segregated and grouped according to the county in which the same are situated. [1933 c 43 § 3; 1921 c 129 § 11; 1919 c 180 § 7; 1917 c 162 § 4; 1915 c 179 § 10; 1913 c 165 § 9; 1895 c 165 § 8; 1889-90 p 681 § 18; RRS § 7436. Formerly RCW 87.32.010, part and 87.32.020.] 87.03.242 Exemption of farm and agricultural land from special benefit assessments. See RCW 84.34.300 through 84.34.380 and 84.34.922. 87.03.240 Assessments districts under contract with United States: Chapter 87.68 RCW. when delinquent—Notice—Collection: RCW 87.03.270. Certain excess lands, assessments against (director districts): RCW 87.04.100. Director districts—Limit of levy until water is received (federal contracts): RCW 87.04.090. [Title 87 RCW—page 20] Eminent domain: RCW 87.03.140 through 87.03.150. Evidence of assessment, what is: RCW 87.03.420. 87.03.242 87.03.245 Deputy secretaries for assessment. The board of directors must allow the secretary as many deputies, to be appointed by them, as will, in the judgment of the board, enable him to complete the assessment within the time herein prescribed. The board must fix the compensation of such deputies for the time actually engaged. [1919 c 180 § 8; 1895 c 165 § 9; 1889-90 p 682 § 19; RRS § 7437. Formerly RCW 87.08.180.] 87.03.245 87.03.250 Assessment roll to be filed—Notice of equalization. On or before the first Tuesday in September in each year to and including the year 1923, and on or before the first Tuesday in November beginning with the year 1924 and each year thereafter, the secretary must complete his assessment roll and deliver it to the board, who must immediately give a notice thereof, and of the time the board of directors, acting as a board of equalization will meet to equalize assessments, by publication in a newspaper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice, and in the meantime the assessment roll must remain in the office of the secretary for the inspection of all persons interested. [1921 c 129 § 12; 1919 c 180 § 9; 1895 c 165 § 10; 1889-90 p 682 § 20; RRS § 7438. Formerly RCW 87.32.030.] 87.03.250 87.03.255 Equalization of assessments. Upon the day specified in the notice required by RCW 87.03.250 for the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from day to day as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and determine such objections to the said assessment roll as may come before them; and the board may change the same as may be just. The secretary of the board shall be present during its session, and note all changes made at said hearing; and on or before the 30th day of October in each year to and including the year 1923, and on or before the 15th day of January beginning with the [year] 1925 and each year thereafter he shall have the assessment roll completed as finally equalized by the board. [1921 c 129 § 13; 1919 c 180 § 10; 1915 c 179 § 11; 1889-90 p 682 § 21; RRS § 7439. Formerly RCW 87.32.040.] 87.03.255 87.03.260 Levies, amount—Special funds—Failure to make levy, procedure. The board of directors shall in each year before said roll is delivered by the secretary to the respective county treasurers, levy an assessment sufficient to raise the ensuing annual interest on the outstanding bonds, and all payments due or to become due in the ensuing year to the United States or the state of Washington under any contract between the district and the United States or the state of 87.03.260 (2008 Ed.) Irrigation Districts Generally Washington accompanying which bonds of the district have not been deposited with the United States or the state of Washington as in this act provided. Beginning in the year preceding the maturity of the first series of the bonds of any issue, the board must from year to year increase said assessment for the ensuing years in an amount sufficient to pay and discharge the outstanding bonds as they mature. Similar levy and assessment shall be made for the expense fund which shall include operation and maintenance costs for the ensuing year. The board shall also at the time of making the annual levy, estimate the amount of all probable delinquencies on said levy and shall thereupon levy a sufficient amount to cover the same and a further amount sufficient to cover any deficit that may have resulted from delinquent assessments for any preceding year. The board shall also, at the time of making the annual levy, estimate the amount of the assessments to be made against lands owned by the district, including local improvement assessments, and shall levy a sufficient amount to pay said assessments. All lands owned by the district shall be exempt from general state and county taxes: PROVIDED, HOWEVER, That in the event any lands, and any improvements located thereon, acquired by the district by reason of the foreclosure of irrigation district assessments, shall be by said district resold on contract, then and in that event, said land, and any such improvements, shall be by the county assessor immediately placed upon the tax rolls for taxation as real property and shall become subject to general property taxes from and after the date of said contract, and the secretary of the said irrigation district shall be required to immediately report such sale within ten days from the date of said contract to the county assessor who shall cause the property to be entered on the tax rolls as of the first day of January following. The board may also at the time of making the said annual levy, levy an amount not to exceed twenty-five percent of the whole levy for the said year for the purpose of creating a surplus fund. This fund may be used for any of the district purposes authorized by law. The assessments, when collected by the county treasurer, shall constitute a special fund, or funds, as the case may be, to be called respectively, the "Bond Fund of . . . . . . Irrigation District," the "Contract Fund of . . . . . . Irrigation District," the "Expense Fund of . . . . . . Irrigation District," the " Warrant Fund of . . . . . . Irrigation District," the "Surplus Fund of . . . . . . Irrigation District". If the annual assessment roll of any district has not been delivered to the county treasurer on or before the 15th day of January in the year 1927, and in each year thereafter, he shall notify the secretary of the district by registered mail that said assessment roll must be delivered to the office of the county treasurer forthwith. If said assessment roll is not delivered within ten days from the date of mailing of said notice to the secretary of the district, or if said roll when delivered is not equalized and the required assessments levied as required by law, or if for any reason the required assessment or levy has not been made, the county treasurer shall immediately notify the legislative authority of the county in which the office of the board of directors is situated, and said county legislative authority shall cause an assessment roll for the said district to be prepared and shall equalize the same if necessary and make the levy required by this chapter in the same manner and with like effect as if the same had been equalized and (2008 Ed.) 87.03.265 made by the said board of directors, and all expenses incident thereto shall be borne by the district. In case of neglect or refusal of the secretary of the district to perform the duties imposed by law, then the treasurer of the county in which the office of the board of directors is situated must perform such duties, and shall be accountable therefor, on his official bond, as in other cases. At the time of making the annual levy in the year preceding the final maturity of any issue of district bonds, the board of directors shall levy a sufficient amount to pay and redeem all bonds of said issue then remaining unpaid. All surplus remaining in any bond fund after all bonds are paid in full must be transferred to the surplus fund of the district. Any surplus moneys in the surplus fund or any surplus moneys in the bond fund when so requested by the board of directors shall be invested by the treasurer of said county under the direction of said board of directors in United States bonds or bonds of the state of Washington, or any bonds pronounced by the treasurer of the state of Washington as valid security for the deposit of public funds, and in addition thereto any bonds or warrants of said district, all of which shall be kept in the surplus fund until needed by the district for the purposes authorized by law. [1983 c 167 § 216; 1967 c 169 § 1; 1941 c 157 § 1; 1929 c 185 § 1; 1927 c 243 § 1; 1923 c 138 § 10; 1921 c 129 § 14; 1919 c 180 § 11; 1915 c 179 § 12; 1913 c 165 § 10; 1895 c 165 § 11; 1889-90 p 683 § 22; Rem. Supp. 1941 § 7440. Formerly RCW 87.32.060, 87.32.070, 87.32.080, and 87.32.090.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Board’s powers and duties generally—Condemnation procedure: RCW 87.03.140. Bonds—Election for, etc.: RCW 87.03.200. Certain excess lands, assessment against: RCW 87.04.100. Irrigation district L.I.D. guarantee fund: RCW 87.03.510. Limit of levy until water is received (federal contracts—director districts): RCW 87.04.090. Payment of bonds and interest, other indebtedness—Lien, enforcement of— Scope of section: RCW 87.03.215. Power as to incurring indebtedness: RCW 87.03.475. Rights of federal agencies as to certain district bonds: RCW 87.03.235. Sale or lease of district personal property: RCW 87.03.135. Sale or pledge of bonds: RCW 87.03.210. 87.03.265 Lien of assessment. The assessment upon real property shall be a lien against the property assessed, from and after the first day of January in the year in which it is levied, but as between grantor and grantee such lien shall not attach until the fifteenth day of February of the year in which the assessment is payable, which lien shall be paramount and superior to any other lien theretofore or thereafter created, whether by mortgage or otherwise, except for a lien for prior assessments, and such lien shall not be removed until the assessments are paid or the property sold for the payment thereof as provided by law. And the lien for the bonds of any issue shall be a preferred lien to that of any subsequent issue. Also the lien for all payments due or to become due under any contract with the United States, or the state of Washington, accompanying which bonds of the district have not been deposited with the United States or the state of Washington, as in RCW 87.03.140 provided, shall be a pre87.03.265 [Title 87 RCW—page 21] 87.03.270 Title 87 RCW: Irrigation ferred lien to any issue of bonds subsequent to the date of such contract. [1939 c 171 § 2; 1921 c 129 § 15; 1915 c 179 § 13; 1913 c 165 § 11; 1889-90 p 684 § 23; RRS § 7441. Formerly RCW 87.32.100.] Acquisition, construction and operating funds—Tolls and assessments, alternative methods of—Liens, foreclosure of—Delinquencies by tenants: RCW 87.03.445. Delinquent assessments: Chapter 87.06 RCW. 87.03.270 Assessments, when delinquent—Assessment book, purpose—Statement of assessments due— Collection—Additional fee for delinquency. The assessment roll, before its equalization and adoption, shall be checked and compared as to descriptions and ownerships, with the county treasurer’s land rolls. On or before the fifteenth day of January in each year the secretary must deliver the assessment roll or the respective segregation thereof to the county treasurer of each respective county in which the lands therein described are located, and said assessments shall become due and payable on the fifteenth day of February following. All assessments on said roll shall become delinquent on the first day of May following the filing of the roll unless the assessments are paid on or before the thirtieth day of April of said year: PROVIDED, That if an assessment is ten dollars or more for said year and if one-half of the assessment is paid on or before the thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date. All delinquent assessments shall bear interest at the rate of twelve percent per annum, computed on a monthly basis and without compounding, from the date of delinquency until paid. Upon receiving the assessment roll the county treasurer shall prepare therefrom an assessment book in which shall be written the description of the land as it appears in the assessment roll, the name of the owner or owners where known, and if assessed to the unknown owners, then the word "unknown", and the total assessment levied against each tract of land. Proper space shall be left in said book for the entry therein of all subsequent proceedings relating to the payment and collection of said assessments. On or before April 1st of each year, the treasurer of the district shall send a statement of assessments due. County treasurers who collect irrigation district assessments may send the statement of irrigation district assessments together with the statement of general taxes. Upon payment of any assessment the county treasurer must enter the date of said payment in said assessment book opposite the description of the land and the name of the person paying and give a receipt to such person specifying the amount of the assessment and the amount paid with the description of the property assessed. It shall be the duty of the treasurer of the district to furnish upon request of the owner, or any person interested, a statement showing any and all assessments levied as shown by the assessment roll in his office upon land described in such request. All statements of irrigation district assessments covering any land in the district shall show the amount of the irrigation district assessment, the dates on which the assessment is due, the place of payment, and, if the property was sold for delinquent assessments in a prior year, the amount of 87.03.270 [Title 87 RCW—page 22] the delinquent assessment and the notation "certificate issued": PROVIDED, That the failure of the treasurer to render any statement herein required of him shall not render invalid any assessments made by any irrigation district. It shall be the duty of the county treasurer of any county, other than the county in which the office of the board of directors is located, to make monthly remittances to the county treasurer of the county in which the office of the board of directors is located covering all amounts collected by him for the irrigation district during the preceding month. When the treasurer collects a delinquent assessment, the treasurer shall collect any other amounts due by reason of the delinquency, including accrued costs, which shall be deposited to the treasurer’s operation and maintenance fund. [1988 c 134 § 13; 1982 c 102 § 1; 1981 c 209 § 1; 1967 c 169 § 2; 1939 c 171 § 3; 1933 c 43 § 4; 1931 c 60 § 2; 1929 c 181 § 1; 1921 c 129 § 16; 1919 c 180 § 12; 1917 c 162 § 5; 1915 c 179 § 14; 1913 c 165 § 12; 1913 c 13 § 2; 1895 c 165 § 12; 188990 p 684 § 24; RRS § 7442. Formerly RCW 87.32.050.] Effective date—1982 c 102: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect April 15, 1982." [1982 c 102 § 3.] Effective date—1981 c 209: See note following RCW 87.03.215. Assessments districts under contract with United States: Chapter 87.68 RCW. how and when made—Assessment roll: RCW 87.03.240. Equalization of assessments: RCW 87.03.255. Evidence of assessment, what is: RCW 87.03.420. 87.03.271 Lien for delinquent assessment to include costs and interest. The lien for delinquent assessments shall include the district’s and treasurer’s costs attributable to the delinquency and interest at the rate of twelve percent per year, computed monthly and without compounding, on the assessments and costs. The word "costs" as used in this section includes all costs of collection, including but not limited to reasonable attorneys’ fees, publication costs, costs of preparing certificates of delinquency, title searches, and the costs of foreclosure proceedings. [1988 c 134 § 14.] 87.03.271 87.03.272 Secretary may act as collection agent of nondelinquent assessments—Official bond—Collection procedure—Delinquency list. Notwithstanding the provisions of RCW 87.03.260, 87.03.270, 87.03.440 and 87.03.445 the board of directors of any district acting as fiscal agent for the United States or the state of Washington for the collection of any irrigation charges may authorize the secretary of the district to act as the exclusive collection agent for the collection of all nondelinquent irrigation assessments of the district pursuant to such rules and regulations as the board of directors may adopt. When the secretary acts as collection agent, his official bond shall be of a sufficient amount as determined by the board of directors of the district to cover any amounts he may be handling while acting as collection agent, in addition to any other amount required by reason of his other duties. The assessment roll of such district shall be delivered to the county treasurer in accordance with the provisions of RCW 87.03.260 and 87.03.270 and the assessment roll shall 87.03.272 (2008 Ed.) Irrigation Districts Generally be checked and verified by the county treasurer as provided in RCW 87.03.270. After the assessment roll has been checked and verified by the county treasurer, the secretary of the district shall proceed to publish the notice as required under RCW 87.03.270; except that the notice shall provide that until the assessments and tolls become delinquent on November 1st they shall be due and payable in the office of the secretary of the district. When the secretary of such district receives payments, he shall issue a receipt for such payments and shall be accountable on his official bond for the safekeeping of such funds and shall remit the same, along with an itemized statement of receipts, at least once each month to the county treasurer wherein the land is located on which the payment was made. When the county treasurer receives the monthly statement of receipts from the secretary, he shall enter the payments shown thereon on the assessment roll maintained in his office. On the fifteenth day of November of each year it shall be the duty of the secretary to transmit to the county treasurer the delinquency list which shall include the names, amounts and such other information as the county treasurer shall require, and thereafter the secretary shall not accept any payment on the delinquent portion of any account. Upon receipt of the list of delinquencies, the county treasurer shall proceed under the provisions of this chapter as though he were the collection agent for such district to the extent of such delinquent accounts. [1982 c 102 § 2; 1967 c 169 § 3.] Effective date—1982 c 102: See note following RCW 87.03.270. 87.03.275 Medium of payment of assessments. All assessments and tolls authorized under this act shall be paid in legal tender of the United States except that assessments and tolls levied for the expense fund of the district may be paid with district warrants issued in payment for labor hired by the district, at par without interest drawn on the expense fund in the year in which the assessment to be paid thereby is payable, or in the preceding year, and such warrants shall be so accepted notwithstanding their serial numbers or their order of issue as to then outstanding warrants: PROVIDED, HOWEVER, That in no case shall the county treasurer be authorized to pay any cash difference to the holders of any warrant so offered in payment of such assessments and in the event such warrant shall exceed the amount so applied on assessments, the county treasurer shall issue to the holder thereof a certificate directing the county auditor to issue to such holder a district warrant on the same fund, bearing date on which such lieu warrant is issued, for the difference between the face or par amount of the warrant received by the treasurer, without interest, and the amount credited on said assessment. Upon the surrender of such lieu warrant certificate the county auditor shall be authorized to issue and deliver such lieu warrant. [1933 c 43 § 5; 1923 c 138 § 11; RRS § 7442-1. Formerly RCW 87.32.120.] 87.03.275 87.03.277 Payment by credit cards, charge cards, and other electronic communication. Irrigation districts that have designated their own treasurers as provided in RCW 87.03.440 may accept credit cards, charge cards, debit 87.03.277 (2008 Ed.) 87.03.280 cards, smart cards, stored value cards, federal wire, and automatic clearinghouse system transactions, or other electronic communication, for any payment of any kind including, but not limited to, assessments, fines, interest, penalties, special assessments, fees, rates, tolls and charges, or moneys due irrigation districts. A payer desiring to pay by a credit card, charge card, debit card, smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication shall bear the cost of processing the transaction in an amount determined by the treasurer, unless the board of directors finds that it is in the best interests of the district to not charge transaction processing costs for all payment transactions made for a specific category of payments due the district, including, but not limited to, assessments, fines, interest, penalties, special assessments, fees, rates, tolls, and charges. The treasurer’s cost determination shall be based upon costs incurred by the treasurer and may not, in any event, exceed the additional direct costs incurred by the district to accept the specific form of payment used by the payer. [2004 c 215 § 2; 2002 c 53 § 1.] 87.03.280 Cancellation of assessments due United States—Procedure. Where any district under contract with the United States has levied any assessment for the collection of money payable to the United States under such contract, and the secretary of the interior has by agreement with the board of directors of said district, authorized the extension or cancellation of any payments due to the United States by the cancellation of assessments already levied therefor but remaining unpaid, the board of directors of such district shall certify to the county treasurer of the county in which the land is located, a statement of the year and amounts assessed against each tract for which such cancellation has been authorized, and the county treasurer, upon receipt of such certificate, shall, in all cases where the assessment remains unpaid and the lands have not been sold, endorse upon the district’s assessment roll, "Corrected under Certificate of Board of Directors" and shall deduct and cancel from the assessment against each such tract the amount of such assessment so authorized to be canceled; and in all cases where such cancellations have been certified to the county treasurer after such lands assessed have been sold and before the period of redemption shall have expired, the county treasurer shall, in those cases where the tract assessed has been sold to the district, and the district is the owner of the certificate of sale, require the district to surrender its certificate of sale and shall thereupon deduct the amount of such cancellation plus the penalties thereon upon the original assessment roll with an endorsement, "Corrected under Certificate of Board of Directors" and he shall thereupon issue to the district in lieu of the certificate surrendered, a substitute certificate of sale for the corrected amount of such assessment, if any, remaining uncanceled, and shall file a copy thereof in the office of the county auditor as in the case of the original certificate surrendered, and such substitute certificate shall entitle the holder thereof to all rights possessed under the original certificate so corrected as to amount: PROVIDED, HOWEVER, That such cancellation shall have the same effect as though the lands had originally not been assessed for the amounts so deducted and shall not operate to bar the district of the right in making subsequent annual assessments to levy and collect 87.03.280 [Title 87 RCW—page 23] 87.03.285 Title 87 RCW: Irrigation against such tracts the amount of any money due the United States, including the amount of any assessments so canceled. [1925 c 3 § 1; RRS § 7442-2. Formerly RCW 87.32.130.] Board’s powers and duties (contracts with state and United States): RCW 87.03.140. 87.03.285 87.03.285 Segregation of assessment—Authorization. Whenever in the discretion of the board of directors of any irrigation district of the state as determined by resolution, after an assessment roll has been filed with the county treasurer of the appropriate county in accordance with the laws of the state pertaining thereto, the irrigation district assessments against any tract or parcel of land may be segregated to apply against, and the lien may be divided among, the various parcels of said tract as the same may be hereafter divided, all in accordance herewith. [1951 c 205 § 1. Formerly RCW 87.32.102.] 87.03.290 87.03.290 Segregation of assessment—Hearing. When the irrigation district directors shall deem it advisable to make such segregation of assessments they shall by resolution fix the time and place for the hearing of the question concerning the segregation of assessments, which hearing may be at the next regular meeting of the directors of said irrigation district at its principal office. [1951 c 205 § 2. Formerly RCW 87.32.103.] 87.03.295 87.03.295 Segregation of assessment—Notice of hearing. Not less than ten days prior to the time and date fixed for said hearing the directors of said irrigation district shall cause notice of the time and place of said hearing to be given by registered mail to every person, firm or corporation having any interest in said property as shown by the county assessor’s records or by the record of the irrigation district within which said property is located and to the address shown by said records, authorizing and directing that they appear and be heard at said time and place. [1951 c 205 § 3. Formerly RCW 87.32.104.] 87.03.420 Evidence of assessment, what is. The assessment book or delinquent list, or a copy thereof, certified by the secretary, showing unpaid assessments against any person or property, is prima facie evidence of the assessment of the property assessed, the delinquency, the amount of assessments due and unpaid, and that all the forms of law in relation to the assessment and levy of such assessment have been complied with. [1895 c 165 § 18; 1889-90 p 688 § 31; RRS § 7449. Formerly RCW 87.32.260.] 87.03.420 87.03.430 Bonds—Interest payments. Whenever interest payments on bonds are due, the treasurer of the county shall pay the same from the bond fund belonging to the district and deposited with the treasurer. Whenever, after ten years from the issuance of the bonds, the fund shall amount to the sum of ten thousand dollars, the board of directors may direct the treasurer to pay such an amount of the bonds not due as the money in the fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising in a newspaper of general circulation in the county for such period of time not less than four weeks as the board shall order for sealed proposals for the redemption of the bonds. The proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for the bonds must be accepted: PROVIDED, That no bond shall be redeemed under the foregoing provision at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the owners of the bonds shall desire to have the same redeemed, as herein provided for, the money shall be invested by the treasurer of the county, under the direction of the board, in United States bonds, or the bonds of the state, which shall be kept in the bond fund, and may be used to redeem the district bonds whenever the owners thereof may desire. [1985 c 469 § 88; 1983 c 167 § 217; 1921 c 129 § 22; 1895 c 165 § 20; 1889-90 p 688 § 34; RRS § 7451. Formerly RCW 87.16.110.] 87.03.430 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Power as to incurring indebtedness: RCW 87.03.475. 87.03.435 Construction work—Notice—Bids—Contracts—Bonds. (1) Except as provided in subsections (2) and (3) of this section and RCW 87.03.436, whenever in the construction of the district canal or canals, or other works, or the furnishing of materials therefor, the board of directors shall determine to let a contract or contracts for the doing of the work or the furnishing of the materials, a notice calling for sealed proposals shall be published. The notice shall be published in a newspaper in the county in which the office of the board is situated, and in any other newspaper which may be designated by the board, and for such length of time, not less than once each week for two weeks, as may be fixed by the board. At the time and place appointed in the notice for the opening of bids, the sealed proposals shall be opened in public, and as soon as convenient thereafter, the board shall let the work or the contract for the purchase of materials, either in portions or as a whole, to the lowest responsible bidder, or the board may reject any or all bids and readvertise, or may proceed to construct the work under its own superintendence. All work shall be done under the direction and to the satisfaction of the engineer of the district, and be approved by 87.03.435 87.03.300 87.03.300 Segregation of assessment—Order. In the event said hearing shall result in a determination that in the discretion of the directors of said irrigation district it is advisable that said assessments be segregated and apportioned among the various parcels of said tracts against which the original total assessment was levied, then an order shall be entered on the records of the directors of said irrigation district determining said segregation, and a certified copy thereof shall be filed with the county treasurer of the county in which said assessment roll is filed. [1951 c 205 § 4. Formerly RCW 87.32.105.] 87.03.305 87.03.305 Segregation of assessment—Amendment of roll—Effect. Upon the filing of the certified copy of said order the county treasurer shall alter and amend the original assessment roll in accordance with said order and thereafter the assessments will be a lien only as shown by said order of segregation and the amended assessment roll as the same shall affect the property upon which said segregation was ordered. [1951 c 205 § 5. Formerly RCW 87.32.106.] [Title 87 RCW—page 24] (2008 Ed.) Irrigation Districts Generally the board. The board of directors may require bidders submitting bids for the construction or maintenance for any of the works of the district, or for the furnishing of labor or material, to accompany their bids by a deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent of the amount of the bid and a bid shall not be considered unless the deposit is enclosed with it. If the contract is let, then all the bid deposits shall be returned to the unsuccessful bidders. The bid deposit of the successful bidder shall be retained until a contract is entered into for the purchase of the materials or doing of such work, and a bond given to the district in accordance with chapter 39.08 RCW for the performance of the contract. The performance bond shall be conditioned as may be required by law and as may be required by resolution of the board, with good and sufficient sureties satisfactory to the board, payable to the district for its use, for at least twenty-five percent of the contract price. If the successful bidder fails to enter into a contract and furnish the necessary bond within twenty days from the award, exclusive of the day of the award, the bid deposit shall be forfeited to the district and the contract may then be awarded to the second lowest bidder. (2) The provisions of this section in regard to public bidding shall not apply in cases where the board is authorized to exchange bonds of the district in payment for labor and material. (3) The provisions of this section do not apply: (a) In the case of any contract between the district and the United States; (b) In the case of an emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board of directors or proclamation of an official designated by the board to act for the board during such emergencies. The resolution or proclamation shall declare the existence of the emergency and recite the facts constituting the emergency; or (c) To purchases which are clearly and legitimately limited to a single source of supply or to purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation. [1997 c 354 § 3; 1990 c 39 § 1; 1984 c 168 § 3; 1915 c 179 § 17; 1913 c 165 § 18; 1895 c 165 § 21; 1889-90 p 689 § 35; RRS § 7452. Formerly RCW 87.08.020.] Official paper for publication: RCW 87.03.020. Public contracts—Contractor’s bond: Chapter 39.08 RCW. 87.03.436 Small works roster. All contract projects, the estimated cost of which is less than one hundred thousand dollars, may be awarded to a contractor on the small works roster. The small works roster shall be comprised of all responsible contractors who have requested to be on the list. The board of directors shall authorize by resolution a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good-faith effort be made to request quotations from all responsible contractors on the small works roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by tele87.03.436 (2008 Ed.) 87.03.440 phone inquiry. The small works roster shall be revised once a year. [1990 c 39 § 2.] 87.03.437 Competitive bids—Use of purchase contract process in RCW 39.04.190. (1) Purchases of any materials, supplies, or equipment by the district shall be based on competitive bids except as provided in RCW 87.03.435 and 39.04.280. A formal sealed bid procedure shall be used as standard procedure for the purchases made by irrigation districts. However, the board may by resolution adopt a policy to waive formal sealed bidding procedures for purchases of any materials, supplies, or equipment for an amount set by the board not to exceed ten thousand dollars for each purchase. (2) The directors may by resolution adopt a policy to use the process provided in RCW 39.04.190 for purchases of materials, supplies, or equipment when the estimated cost is between the amount established by the board under subsection (1) of this section and a maximum amount set by resolution adopted by the board for purchases up to fifty thousand dollars exclusive of sales tax. [1999 c 234 § 2.] 87.03.437 87.03.438 "County treasurer," "treasurer of the county," defined. As used in this chapter, in accordance with RCW 87.03.440, the term "county treasurer" or "treasurer of the county" or other reference to that office means the treasurer of the district, if the district has designated its own treasurer, unless the context clearly requires otherwise. [1979 ex.s. c 185 § 16.] 87.03.438 Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.03.440 Treasurer—County treasurer as ex officio district treasurer—Designated district treasurer—Duties and powers—Bond—Claims—Preliminary notice requirements when claim for crop damage. The treasurer of the county in which is located the office of the district shall be ex officio treasurer of the district, and any county treasurer handling district funds shall be liable upon his or her official bond and to criminal prosecution for malfeasance and misfeasance, or failure to perform any duty as county or district treasurer. The treasurer of each county in which lands of the district are located shall collect and receipt for all assessments levied on lands within his or her county. There shall be deposited with the district treasurer all funds of the district. The district treasurer shall pay out such funds upon warrants issued by the county auditor against the proper funds of the district, except the sums to be paid out of the bond fund for interest and principal payments on bonds: PROVIDED, That in those districts which designate their own treasurer, the treasurer may issue the warrants or any checks when the district is authorized to issue checks. All warrants shall be paid in the order of their issuance. The district treasurer shall report, in writing, on the first Monday in each month to the directors, the amount in each fund, the receipts for the month preceding in each fund, and file the report with the secretary of the board. The secretary shall report to the board, in writing, at the regular meeting in each month, the amount of receipts and expenditures during the preceding month, and file the report in the office of the board. 87.03.440 [Title 87 RCW—page 25] 87.03.441 Title 87 RCW: Irrigation The preceding paragraph of this section notwithstanding, the board of directors or board of control of an irrigation district which lies in more than one county and which had assessments in each of two of the preceding three years equal to at least five hundred thousand dollars, or a board of joint control created under chapter 87.80 RCW, may designate some other person having experience in financial or fiscal matters as treasurer of the district. In addition, the board of directors of an irrigation district which lies entirely within one county may designate some other person having experience in financial or fiscal matters as treasurer of the district if the district had assessments, tolls, and miscellaneous collections in each of two of the preceding three years equal to at least two million dollars or if the board has the approval of the county treasurer to designate some other person. If a board designates a treasurer, it shall require a bond with a surety company authorized to do business in the state of Washington in an amount of two hundred fifty thousand dollars conditioned that he or she will faithfully perform the duties of his or her office as treasurer of the district. The premium on the bond shall be paid by the district. The designated treasurer shall collect and receipt for all irrigation district assessments on lands within the district and shall act with the same powers and duties and be under the same restrictions as provided by law for county treasurers acting in matters pertaining to irrigation districts, except the powers, duties, and restrictions in RCW *87.56.110 and 87.56.210 which shall continue to be those of county treasurers. In those districts which have designated their own treasurers, the provisions of law pertaining to irrigation districts which require certain acts to be done and which refer to and involve a county treasurer or the office of a county treasurer or the county officers charged with the collection of irrigation district assessments, except RCW *87.56.110 and 87.56.210 shall be construed to refer to and involve the designated district treasurer or the office of the designated district treasurer. Any claim against the district for which it is liable under existing laws shall be presented to the board as provided in RCW 4.96.020 and upon allowance it shall be attached to a voucher and approved by the chairman and signed by the secretary and directed to the proper official for payment: PROVIDED, That in the event claimant’s claim is for crop damage, the claimant in addition to filing his or her claim within the applicable period of limitations within which an action must be commenced and in the manner specified in RCW 4.96.020 must file with the secretary of the district, or in the secretary’s absence one of the directors, not less than three days prior to the severance of the crop alleged to be damaged, a written preliminary notice pertaining to the crop alleged to be damaged. Such preliminary notice, so far as claimant is able, shall advise the district; that the claimant has filed a claim or intends to file a claim against the district for alleged crop damage; shall give the name and present residence of the claimant; shall state the cause of the damage to the crop alleged to be damaged and the estimated amount of damage; and shall accurately locate and describe where the crop alleged to be damaged is located. Such preliminary notice may be given by claimant or by anyone acting in his or her behalf and need not be verified. No action may be commenced against an irrigation district for crop damages unless claimant has complied with the provisions of RCW 4.96.020 [Title 87 RCW—page 26] and also with the preliminary notice requirements of this section. [1996 c 320 § 18; 1996 c 214 § 1; 1993 c 449 § 12; 1983 c 167 § 218; 1979 c 83 § 1; 1977 ex.s. c 367 § 1; 1969 c 89 § 1; 1967 c 164 § 15; 1961 c 276 § 2. Prior: 1937 c 216 § 1, part; 1929 c 185 § 3, part; 1923 c 138 § 13, part; 1921 c 129 § 23, part; 1913 c 165 § 19, part; 1895 c 165 § 22, part; 188990 p 690 § 36, part; RRS § 7453, part. Formerly RCW 87.08.030.] Reviser’s note: *(1) RCW 87.56.110 was repealed by 2004 c 165 § 47. (2) This section was amended by 1996 c 214 § 1 and by 1996 c 320 § 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—Severability—1993 c 449: See notes following RCW 4.96.010. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—Severability—1967 c 164: See notes following RCW 4.96.010. "County treasurer," "treasurer of the county," defined: RCW 87.03.438, 87.28.005. Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages, procedure: Chapter 4.96 RCW. 87.03.441 Temporary funds. The directors may provide by resolution that the secretary may deposit the following temporary funds in a local bank in the name of the district: (1) A fund to be known as "general fund" in which shall be deposited all moneys received from the sale of land, except such portion thereof as may be obligated for bond redemption, and all rentals, tolls, and all miscellaneous collections. This fund shall be transmitted to the district treasurer or disbursed in such manner as the directors may designate. (2) A fund to be known as "fiscal fund" in which shall be deposited all collections made by the district as fiscal agent of the United States. (3) A "revolving fund" in such amount as the directors shall by resolution determine, acquired by the issue of coupon or registered warrants or by transfer of funds by warrant drawn upon the expense fund. This fund may be disbursed by check signed by the secretary or such other person as the board may designate, in the payment of such expenditures as the board may deem necessary. This fund shall be reimbursed by submitting copies of approved vouchers and/or copy of payrolls to the county auditor with a claim voucher specifying the fund upon which warrants for such reimbursements shall be drawn. The warrants for such reimbursements shall be made out by the auditor to the "secretary’s revolving fund." [1983 c 167 § 219; 1979 c 83 § 2; 1961 c 276 § 3. Prior: 1937 c 216 § 1, part; 1929 c 185 § 3, part; 1923 c 138 § 13, part; 1921 c 129 § 23, part; 1913 c 165 § 19, part; 1895 c 165 § 22, part; 1889-90 p 690 § 36, part; RRS § 7453, part. Formerly RCW 87.08.040.] 87.03.441 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.03.442 Bonds of secretary and depositaries. The secretary or other authorized person shall issue receipts for all moneys received for deposit in such funds and he and any other person handling the funds shall furnish a surety bond to be approved by the board and the attorney for the district, in such amount as the board may designate and conditioned for 87.03.442 (2008 Ed.) Irrigation Districts Generally the safekeeping of such funds and the premium thereon shall be paid by the district. Upon depositing any district funds the secretary shall demand and the depositary bank shall furnish a surety bond, to be approved by the board and the attorney, in an amount equal to the maximum deposit, conditioned for the prompt payment of the deposits upon demand, and the bond shall not be canceled during the time for which it was written. Or the depositary may deposit with the secretary or in some bank to the credit of the district in lieu of the bond, securities approved by the board of a market value in an amount not less than the amount of the maximum deposit. All depositaries which have qualified for insured deposits under any federal deposit insurance act need not furnish bonds or securities, except for so much of the deposit as is not so insured. [1961 c 276 § 4. Prior: 1937 c 216 § 1, part; 1929 c 185 § 3, part; 1923 c 138 § 13, part; 1921 c 129 § 23, part; 1913 c 165 § 19, part; 1895 c 165 § 22, part; 1889-90 p 690 § 36, part; RRS § 7453, part. Formerly RCW 87.08.050.] Conviction of public officer forfeits trust: RCW 9.92.120. Income from sale of electricity: RCW 87.03.450. Misconduct of public officers: Chapter 42.20 RCW. Office to be declared vacant on conviction: RCW 36.18.180. Penalty for failure to pay over fees: RCW 36.18.170. taking illegal fees: RCW 36.18.160. Power as to incurring indebtedness: RCW 87.03.475. Public officers—Forfeiture or impeachment, rights preserved: RCW 42.04.040. Suspension of treasurer: RCW 36.29.090. 87.03.443 Upgrading and improvement fund authorized—Deposits—Use of funds. There may be created for each irrigation district a fund to be known as the upgrading and improvement fund. The board of directors shall determine what portion of the annual revenue of the irrigation district will be placed into its upgrading and improvement fund, including all or any part of the funds received by a district from the sale, delivery, and distribution of electrical energy. Moneys from the upgrading and improvement fund may only be used to modernize, improve, or upgrade the irrigation facilities of the irrigation district or to respond to an emergency affecting such facilities. [2004 c 215 § 3; 1979 ex.s. c 263 § 4.] 87.03.443 Severability—1979 ex.s. c 263: See note following RCW 43.83B.300. 87.03.445 Acquisition, construction and operating funds—Tolls and assessments, alternative methods of— Liens, foreclosure of—Delinquencies by tenants. (1) The cost and expense of purchasing and acquiring property, and construction, reconstruction, extension, and betterment of the works and improvements herein provided for, and the expenses incidental thereto, and indebtedness to the United States for district lands assumed by the district, and for the carrying out of the purposes of this chapter, may be paid for by the board of directors out of the funds received from bond sales as well as other district funds. (2) For the purpose of defraying the costs and expenses of the organization of the district, and of the care, operation, management, maintenance, repair, and improvement of the 87.03.445 (2008 Ed.) 87.03.445 district and its irrigation water, domestic water, electric power, drainage, or sewer facilities or of any portion thereof, or for the payment of any indebtedness due the United States or the state of Washington, or for the payment of district bonds, the board may either fix rates or tolls and charges, and collect the same from all persons for whom district service is made available for irrigation water, domestic water, electric power, drainage or sewerage, and other purposes, or it may provide for the payment of said costs and expenses by a levy of assessment therefor, or by both said rates or tolls and charges and assessment. (3) If the assessment method is utilized, the levy of assessments shall be made on the completion and equalization of the assessment roll each year, and the board shall have the same powers and functions for the purpose of said levy as possessed by it in case of levy to pay bonds of the district. The procedure for the collection of assessments by such levy shall in all respects conform with the provisions of this chapter, relating to the collection of assessments for the payment of principal and interest of bonds herein provided for, and shall be made at the same time. (4) If the rates or tolls and charges method is adopted in whole or in part, the secretary shall deliver to the board of directors, within the time for filing the assessment roll, a schedule containing the names of the owners or reputed owners, as shown on the rolls of the county treasurer as of the first Tuesday in November of each year such a schedule is filed of the various parcels of land against which rates or tolls and charges are to be levied, the description of each such parcel of land and the amount to be charged against each parcel for irrigation water, domestic water, electric power, drainage, sewerage, and other district costs and expenses. Said schedule of rates or tolls and charges shall be equalized pursuant to the same notice, in the same manner, at the same time and with the same legal effect as in the case of assessments. Such schedule of rates or tolls and charges for a given year shall be filed with the proper county treasurer within the same time as that provided by law for the filing of the annual assessment roll, and the county treasurer shall collect and receipt for the payment of said rates or tolls and charges and credit them to the proper funds of the district. The board may designate the time and manner of making such collections and shall require the same to be paid in advance of delivery of water and other service. All tolls and charges levied shall also at once become and constitute an assessment upon and against the lands for which they are levied, with the same force and effect, and the same manner of enforcement, and with the same rate of interest from date of delinquency, in case of nonpayment, as other district assessments. (5) As an alternative method of imposing, collecting, and enforcing such rates or tolls and charges, the board may also base such rates or tolls and charges upon the quantity of irrigation water, domestic water, or electric power delivered, or drainage or sewage disposed of, and may fix a minimum rate or toll and charge to be paid by each parcel of land or use within the district for the delivery or disposal of a stated quantity of each such service with a graduated charge for additional quantities of such services delivered or disposed of. If the board elects to utilize this alternative method of imposing, collecting, and enforcing such rates or tolls and charges, there shall be no requirement that the schedule [Title 87 RCW—page 27] 87.03.450 Title 87 RCW: Irrigation referred to in the preceding paragraph be prepared, be filed with the board of directors by the secretary, be equalized, or be filed with a county treasurer. The board shall enforce collection of such rates or tolls and charges against property to which and its owners to whom the service is available, such rates or tolls and charges being deemed charges and a lien against the property to which the service is available, until paid in full. Prior to furnishing services, a board may require a deposit to guarantee payment for services. However, failure to require a deposit does not affect the validity of any lien authorized by this section. (6) The board may provide by resolution that where such rates or tolls and charges are delinquent for any specified period of time, the district shall certify the delinquencies to the treasurer of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate not to exceed twelve percent per annum fixed by resolution shall be a lien against the property to which the service was available, subject only to the lien for general taxes. The district may, at any time after such rates or tolls and charges and penalties provided for herein are delinquent for a period of one year, bring suit in foreclosure by civil action in the superior court of the county in which the real property is situated. (7) A board may determine how to apply partial payments on past due accounts. (8) A board may provide a real property owner or the owner’s designee with duplicate bills for service to tenants, or may notify an owner or the owner’s designee that a tenant’s service account is delinquent. However, if an owner or the owner’s designee notifies the board in writing that a property served by the board is a rental property, asks to be notified of a tenant’s delinquency, and has provided, in writing, a complete and accurate mailing address, the board shall notify the owner or the owner’s designee of a tenant’s delinquency at the same time and in the same manner the board notifies the tenant of the tenant’s delinquency or by mail. When a district provides a real property owner or the owner’s designee with duplicates of tenant utility service bills or notice that a tenant’s utility account is delinquent, the district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner’s designee. After January 1, 1999, if a board fails to notify the owner of a tenant’s delinquency after receiving a written request to do so and after receiving the other information required by this subsection (8), the board shall have no lien against the premises for the tenant’s delinquent and unpaid charges. (9) The court may allow, in addition to the costs and disbursements provided by statute, such attorneys’ fees as it may adjudge reasonable. The action shall be in rem against the property, and in addition may be brought in the name of the district against an individual, or against all of those who are delinquent, in one action, and the rules of the court shall control as in other civil actions. The board may in the same year use the assessment method for part of the lands in the district and the rates or tolls and charges method for the remaining lands in the district in such proportion as it may deem advisable for the best interest of the district. (10) The procedures herein provided for the collection and enforcement of rates, tolls, and charges also shall be applicable and available to the districts board of directors for [Title 87 RCW—page 28] the collection and enforcement of charges for water imposed by contract entered into or administered by the district’s board of directors. [2001 c 149 § 4; 1998 c 285 § 3; 1979 ex.s. c 185 § 5; 1939 c 171 § 7; 1931 c 60 § 5; 1929 c 185 § 4; 1915 c 179 § 18; 1913 c 165 § 20; 1889-90 p 690 § 37; RRS § 7454. Formerly RCW 87.08.060.] Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Assessments, when delinquent—Notice—Collection—Additional fee for delinquency: RCW 87.03.270. Board’s powers and duties generally—Condemnation procedure: RCW 87.03.140. Bonds—Election for—Form and contents—Facsimile signatures, when, procedure—Exchange—Cancellation—Sale and issue—Reissue—Election concerning contract with United States—Penalty: RCW 87.03.200. Equalization of assessments: RCW 87.03.255. Levies, amount—Special funds—Failure to make levy, procedure: RCW 87.03.260. Lien of assessments: RCW 87.03.265. Payment of bonds and interest, other indebtedness—Lien, enforcement of— Scope of section: RCW 87.03.215. Property taxes—Listing of property: Chapter 84.40 RCW. Sale or pledge of bonds: RCW 87.03.210. 87.03.450 Income from sale of electricity. All income derived from the sale, delivery and distribution of electrical energy, shall be deposited with the county treasurer of the county in which the office of the board of directors of the district is located, and shall be apportioned to such fund or funds of the district authorized by law, as the board of directors shall deem advisable, including, but not limited to the payment of district bonds or any portion of the same for which such revenues have been pledged and thereafter said income, or such portion thereof so pledged, shall be placed by the county treasurer to the credit of the fund from which said bonds are required to be paid until the same or the portion thereof secured by such pledge are fully paid. [1979 ex.s. c 185 § 6; 1933 c 31 § 2; RRS § 7454-1. Formerly RCW 87.08.070.] 87.03.450 Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Office of board: RCW 87.03.115. 87.03.455 District’s right to cross other property. The board of directors shall have power to construct the *said works across any stream of water, water course, street, avenue, highway, railway, canal, ditch or flume, which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by *said works, shall unite with said board in forming said intersections and crossings, and grant the privileges aforesaid; and if such railroad company and said board, or the owners and controllers of the said property, thing or franchise so to be crossed, can not agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as is herein pro87.03.455 (2008 Ed.) Irrigation Districts Generally vided in respect to the taking of land. The right-of-way is hereby given, dedicated and set apart, to locate, construct and maintain said works over and through any of the lands which are now or may be the property of this state; and also there is given, dedicated and set apart, for the uses and purposes aforesaid, all waters and water rights belonging to this state within the district. [1889-90 p 691 § 38; RRS § 7455. Formerly RCW 87.08.160.] *Reviser’s note: The "said works" apparently refers to those specified in RCW 87.03.445. Condemnation: RCW 87.03.140 through 87.03.150. 87.03.460 Compensation and expenses of directors, officers, employees. In addition to their reasonable expenses in accordance with chapter 42.24 RCW, the directors shall each receive an amount for attending meetings and while performing other services for the district. The amount shall be fixed by resolution and entered in the minutes of the proceedings of the board. It shall not exceed ninety dollars for each day or portion thereof spent by a director for such actual attendance at official meetings of the district, or in performance of other official services or duties on behalf of the district. The total amount of such additional compensation received by a director may not exceed eight thousand six hundred forty dollars in a calendar year. The board shall fix the compensation of the secretary and all other employees. Any director may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the director’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions. [2007 c 469 § 13; 1998 c 121 § 14; 1990 c 38 § 1; 1984 87.03.460 (2008 Ed.) 87.03.470 c 168 § 4; 1980 c 23 § 1; 1979 c 83 § 3; 1975 1st ex.s. c 163 § 2; 1965 c 16 § 1; 1951 c 189 § 1; 1919 c 180 § 14; 1917 c 162 § 8; 1895 c 165 § 23; 1889-90 p 692 § 39; RRS § 7456. Formerly RCW 87.08.100.] 87.03.470 87.03.470 Special assessments—Election—Notes. (1) The board of directors may, at any time when in their judgment it may be advisable, call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this chapter including any purpose for which the bonds of the district or the proceeds thereof might be lawfully used. Such election must be called upon the notice prescribed, and the same shall be held and the result thereof determined and declared in all respects in conformity with the provisions of RCW 87.03.200. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used and the number of installments in which it is to be paid. At such election the ballot shall contain the words "Assessment Yes" and "Assessment No." If the majority of the votes cast are "Assessment Yes" the board may immediately or at intervals thereafter incur indebtedness to the amount of said special assessment for any of the purposes for which the proceeds of said assessment may be used, and may provide for the payment of said indebtedness by the issue and sale of notes of the district to an amount equal to said authorized indebtedness, which notes shall be payable in such equal installments not exceeding three in number as the board shall direct. Said notes shall be payable by assessments levied at the time of the regular annual levy each year thereafter until fully paid. The amount of the assessments to be levied shall be ascertained by adding fifteen percent for anticipated delinquencies to the whole amount of the indebtedness incurred and interest. Each assessment so levied shall be computed and entered on the assessment roll by the secretary of the board, and collected at the same time and in the same manner as other assessments provided for herein, and when collected shall be paid to the county treasurer of the county to the credit of said district, for the purposes specified in the notice of such special election: PROVIDED, HOWEVER, That the board of directors may at their discretion issue said notes in payment for labor or material, or both, used in connection with the purposes for which such indebtedness was authorized. Notes issued under this section shall bear interest at a rate determined by the board, payable semiannually. Such notes may be in any form, including bearer notes or registered notes as provided in RCW 39.46.030. (2) Notwithstanding subsection (1) of this section, such notes may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 220; 1981 c 156 § 28; 1921 c 129 § 24; 1915 c 179 § 19; 1895 c 165 § 24; 1889-90 p 692 § 41; RRS § 7458. Formerly RCW 87.32.110.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Assessments: RCW 87.03.240 through 87.03.255, 87.03.265 through 87.03.305. Ballots in all elections: RCW 87.03.075. Elections are governed by irrigation district laws: RCW 87.03.030. [Title 87 RCW—page 29] 87.03.475 87.03.475 Title 87 RCW: Irrigation 87.03.475 Power as to incurring indebtedness. (1) The board shall incur no debt or liability in excess of the express provisions of this title. It may without an election and levy therefor pay the necessary costs and expenses of organizing and may make surveys, do engineering work, and conduct a general investigation to determine the feasibility of the proposed irrigation project, and may incur an indebtedness therefor prior to levy, which indebtedness on account of surveys, engineering and investigations shall not exceed fifty cents an acre, and shall be assessable against the lands within the district. In cases of emergency, making it necessary to incur indebtedness in order to continue the operation of the irrigation system or any part thereof, the board by resolution may incur such indebtedness not exceeding the amount actually necessary to meet the requirements of the emergency. It may incur indebtedness necessary to carry on the ordinary administrative affairs of the district and if the district acquires an irrigation system before making its first regular annual levy, the board may incur such indebtedness necessary to pay the ordinary expenses of operation and maintenance until the regular annual levy is made. The board may issue warrants for the payment of any indebtedness incurred under this section, which shall bear interest at a rate or rates determined by the board, and it shall include in its next annual levy for the payment of the expenses of operation and maintenance, the amount of all warrants issued by virtue hereof. The board may issue as a general obligation of the district coupon or registered warrants in denominations not in excess of five hundred dollars, bearing interest as determined by the board. Such warrants may be registered as provided in RCW 39.46.030. Such warrants shall mature in not more than five years and may be used, or the proceeds thereof, in the purchase of grounds and buildings, machinery, vehicles, tools or other equipment for use in operation, maintenance, betterment, reconstruction or local improvement work, and for creating a revolving fund for carrying on such work as in this title provided. The proceeds of the warrants shall be paid to the district treasurer who shall place them in an appropriate fund and pay them out upon warrants of the district. The maximum indebtedness hereby authorized shall not exceed one dollar per acre of the total irrigable area within the district. No warrant shall be sold for less than par. They shall state on their face that they are a general obligation of the district, the purposes for which they are used, and that they are payable on or before maturity. They shall be retired by assessments levied in accordance with the provisions of this title at the time other assessments are levied. The board may accumulate by assessment a fund to be designated as the "capital fund" to be used for the purposes for which the above warrants may be used. The total of such fund shall not exceed one dollar per acre of the total irrigable area in the district and shall be accumulated in not less than five annual installments. The fund shall not be permanently depleted or reduced but shall be replaced from year to year by assessments on any lands of the district benefited by the use thereof. The reasonable value of all grounds, buildings, machinery, vehicles, tools or other equipment on hand, purchased with such fund, and the revolving fund, if any, derived from such fund, shall be a part of the capital fund. [Title 87 RCW—page 30] (2) Notwithstanding subsection (1) of this section, such warrants may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 221; 1981 c 156 § 29; 1953 c 108 § 1; 1921 c 129 § 25; 1917 c 162 § 9; 1915 c 179 § 20; 1895 c 165 § 25; 1889-90 p 693 § 42; RRS § 7459. Formerly RCW 87.01.220.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.03.480 Local improvement districts—Petition— Bond. Any desired special construction, reconstruction, betterment or improvement or purchase or acquisition of improvements already constructed, for any authorized district service, including but not limited to the safeguarding of open canals or ditches for the protection of the public therefrom, which are for the special benefit of the lands tributary thereto and within an irrigation district may be constructed or acquired and provision made to meet the cost thereof as follows: The holders of title or evidence of title to one-quarter of the acreage proposed to be assessed, may file with the district board their petition reciting the nature and general plan of the desired improvement and specifying the lands proposed to be specially assessed therefor. The petition shall be accompanied by a bond in the sum of one hundred dollars with surety to be approved by the board, conditioned that the petitioners will pay the cost of an investigation of the project and of the hearing thereon if it is not established. The board may at any time require a bond in an additional sum. Upon the filing of the petition the board with the assistance of a competent engineer, shall make an investigation of the feasibility, cost, and need of the proposed local improvement together with the ability of the lands to pay the cost, and if it appears feasible, they shall have plans and estimate of the cost prepared. If a protest against the establishment of the proposed improvement signed by a majority of the holders of title in the proposed local district is presented at or before the hearing, or if the proposed improvement should be found not feasible, too expensive, or the lands to be benefited insufficient security for the costs, they shall dismiss the petition at the expense of the petitioners. [1959 c 75 § 9; 1941 c 171 § 1; 1919 c 180 § 15; 1917 c 162 § 10; Rem. Supp. 1941 § 7460. Formerly RCW 87.36.010.] 87.03.480 Safeguarding open canals or ditches: RCW 35.43.040, 35.43.045, 35.44.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, and 87.03.526. 87.03.485 Local improvement districts—Notice— Hearing—Initiation by board, procedure. In the event that the said board shall approve said petition, the board shall fix a time and place for the hearing thereof and shall publish a notice once a week for two consecutive weeks preceding the date of such hearing and the last publication shall not be more than seven days before such date and shall mail such a notice on or before the second publication date by first-class mail, postage prepaid, to each owner or reputed owner of real property within the proposed local improvement district, as shown on the rolls of the county treasurer as of a date not more than twenty days immediately prior to the date such notice was mailed. Such notice must be published in a newspaper of general circulation in each county in which any portion of the 87.03.485 (2008 Ed.) Irrigation Districts Generally land proposed to be included in such local improvement district lies. Such notice shall state that the lands within said described boundaries are proposed to be organized as a local improvement district, stating generally the nature of the proposed improvement; that bonds for such local improvement district are proposed to be issued as the bonds of the irrigation district, or that a contract is proposed to be entered into between the district and the United States or the state of Washington, or both, that the lands within said local improvement district are to be assessed for such improvement, that such bonds or contract will be a primary obligation of such local improvement district and a general obligation of the irrigation district and stating a time and place of hearing thereon. At the time and place of hearing named in said notice, all persons interested may appear before the board and show cause for or against the formation of the proposed improvement district and the issuance of bonds or the entering into of a contract as aforesaid. Upon the hearing the board shall determine as to the establishment of the proposed local improvement district. Any landowner whose lands can be served or will be benefited by the proposed improvement, may make application to the board at the time of hearing to include such land and the board of directors in such cases shall, at its discretion, include such lands within such district. The board of directors may exclude any land specified in said notice from said district provided, that in the judgment of the board, the inclusion thereof will not be practicable. As an alternative plan and subject to all of the provisions of this chapter, the board of directors may initiate the organization of a local improvement district as herein provided. To so organize a local improvement district the board shall adopt and record in its minutes a resolution specifying the lands proposed to be included in such local improvement district or by describing the exterior boundaries of such proposed district or by both. Said resolution shall state generally the plan, character and extent of the proposed improvements, that the land proposed to be included in such improvement district will be assessed for such improvements; and that local improvement district bonds of the irrigation district will be issued or a contract entered into as hereinabove in this section provided to meet the cost thereof and that such bonds or contract will be a primary obligation of such local improvement district and a general obligation of the irrigation district. Said resolution shall fix a time and place of hearing thereon and shall state that unless a majority of the holders of title or of evidence of title to lands within the proposed local improvement district file their written protest at or before said hearing, consent to the improvement will be implied. A notice containing a copy of said resolution must be published once a week for two consecutive weeks preceding the date of such hearing and the last publication shall not be more than seven days before such date, and shall be mailed on or before the second publication date by first-class mail, postage prepaid, to each owner or reputed owner of real property within the proposed local improvement district, as shown on the rolls of the county treasurer as of a date not more than twenty days immediately prior to the date such notice was mailed, and the hearing thereon shall not be held in less than twenty days from the adoption of such resolution. Such notice must be published in one newspaper, of general circulation, in each county in which any portion of the land pro(2008 Ed.) 87.03.490 posed to be included in such local improvement district lies. Said hearing shall be held and all subsequent proceedings conducted in accordance with the provisions of this act relating to the organization of local improvement districts initiated upon petition. [1983 c 167 § 222; 1979 ex.s. c 185 § 7; 1970 ex.s. c 70 § 1; 1921 c 129 § 26; 1917 c 162 § 11; RRS § 7461. Formerly RCW 87.36.020 and 87.36.030.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.03.486 Local improvement districts—Notice to contain statement that assessments may vary from estimates. Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local improvement district shall contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement adds to the property. [1989 c 243 § 12.] 87.03.486 87.03.487 Local improvement districts—Sanitary sewer or potable water facilities—Notice to certain property owners. Whenever it is proposed that a local improvement district finance sanitary sewers or potable water facilities, additional notice of the public hearing on the proposed local improvement district shall be mailed to the owners of any property located outside of the proposed local improvement district that would be required as a condition of federal housing administration loan qualification, at the time of notice, to be connected to the specific sewer or water facilities installed by the local improvement district. The notice shall include information about this restriction. [1987 c 315 § 7.] 87.03.487 87.03.490 Local improvement districts—Adoption of plan—Bonds—Form and contents—Facsimile signatures, when, procedure—New lands may be included— Penalty. (1) If decision shall be rendered in favor of the improvement, the board shall enter an order establishing the boundaries of the improvement district and shall adopt plans for the proposed improvement and determine the number of annual installments not exceeding fifty in which the cost of the improvement shall be paid. The cost of the improvement shall be provided for by the issuance of local improvement district bonds of the district from time to time, therefor, either directly for the payment of the labor and material or for the securing of funds for such purpose, or by the irrigation district entering into a contract with the United States or the state of Washington, or both, to repay the cost of the improvement. The bonds shall bear interest at a rate or rates determined by the board, payable semiannually, and shall state upon their face that they are issued as bonds of the irrigation district; that all lands within the local improvement district shall be primarily liable to assessment for the principal and interest of the bonds and that the bonds are also a general obligation of the district. The bonds may be in such denominations as the board of directors may in its discretion determine, except that bonds other than bond number one of any issue shall be in a denomination that is a multiple of one hundred dollars, and 87.03.490 [Title 87 RCW—page 31] 87.03.495 Title 87 RCW: Irrigation no bond shall be sold for less than par. Any contract entered into for the local improvement by the district with the United States or the state of Washington, or both although all the lands within the local improvement district shall be primarily liable to assessment for the principal and interest thereon, shall be a general obligation of the irrigation district. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. (2) No election shall be necessary to authorize the issuance of such local improvement bonds or the entering into of such a contract. Such bonds, when issued, shall be signed by the president and secretary of the irrigation district with the seal of the district affixed. The printed, engraved, or lithographed facsimile signatures of the president and secretary of the district’s board of directors shall be sufficient signatures on the bonds or any coupons: PROVIDED, That such facsimile signatures on the bonds may be used only after the filing, by the officer whose facsimile signature is to be used, with the secretary of state of his or her manual signature certified by him or her under oath, whereupon that officer’s facsimile signature has the same legal effect as his or her manual signature: PROVIDED, FURTHER, That either the president of the board of directors’ or the secretary’s signature on the bonds shall be manually subscribed: AND PROVIDED FURTHER, That whenever such facsimile reproduction of the signature of any officer is used in place of the manual signature of such officer, the district’s board of directors shall specify in a written order or requisition to the printer, engraver, or lithographer the number of bonds or any coupons upon which such facsimile signature is to be printed, engraved, or lithographed and the manner of numbering the bonds or any coupons upon which such signature shall be placed. Within ninety days after the completion of the printing, engraving, or lithographing of such bonds or any coupons, the plate or plates used for the purpose of affixing the facsimile signature shall be destroyed, and it shall be the duty of the district’s board of directors, within ninety days after receipt of the completed bonds or any coupons, to ascertain that such plate or plates have been destroyed. Every printer, engraver, or lithographer who, with the intent to defraud, prints, engraves, or lithographs a facsimile signature upon any bond or coupon without written order of the district’s board of directors, or fails to destroy such plate or plates containing the facsimile signature upon direction of such issuing authority, is guilty of a class B felony punishable according to chapter 9A.20 RCW. (3) The proceeds from the sale of such bonds shall be deposited with the treasurer of the district, who shall place them in a special fund designated "Construction fund of local improvement district number . . . . . ." (4) Whenever such improvement district has been organized, the boundaries thereof may be enlarged to include other lands which can be served or will be benefited by the proposed improvement upon petition of the owners thereof and the consent of the United States or the state of Washington, or both, in the event the irrigation district has contracted with the United States or the state of Washington, or both, to repay the cost of the improvement: PROVIDED, That at such time the lands so included shall pay their equitable proportion upon the basis of benefits of the improvement theretofore made by the local improvement district and shall be [Title 87 RCW—page 32] liable for the indebtedness of the local improvement district in the same proportion and same manner and subject to assessment as if the lands had been incorporated in the improvement district at the beginning of its organization. (5) Notwithstanding this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [2003 c 53 § 412; 1983 c 167 § 223; 1981 c 156 § 30; 1977 ex.s. c 119 § 2; 1970 ex.s. c 70 § 2; 1921 c 129 § 27; 1919 c 180 § 16; 1917 c 162 § 12; RRS § 7462. Formerly RCW 87.36.040.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.03.495 Local improvement districts—Assessments, how made and collected—Disposal of bonds. The cost of the improvement and of the operation and maintenance thereof, if any, shall be especially assessed against the lands within such local improvement district in proportion to the benefits accruing thereto, and shall be levied and collected in the manner provided by law for the levy and collection of land assessments or toll assessments or both such form of assessments. All provisions for the assessment, equalization, levy and collection of assessments for irrigation district purposes shall be applicable to assessments for local improvements except that no election shall be required to authorize said improvement or the expenditures therefor or the bonds issued to meet the cost thereof or the contract authorized in RCW 87.03.485 to repay the cost thereof. Assessments when collected by the county treasurer for the payment for the improvement of any local improvement district shall constitute a special fund to be called "bond redemption or contract repayment fund of local improvement district No. . . . . . ." Bonds issued under this chapter shall be eligible for disposal to and purchase by the director of ecology under the provisions of the state reclamation act. The cost or any unpaid portion thereof, of any such improvement, charged or to be charged or assessed against any tract of land may be paid in one payment under and pursuant to such rules as the board of directors may adopt, and all such amounts shall be paid over to the county treasurer who shall place the same in the appropriate fund. No such payment shall thereby release such tract from liability to assessment for deficiencies or delinquencies of the levies in such improvement district until all of the bonds or the contract, both principal and interest, issued or entered into for such local improvement district have been paid in full. The receipt given for any such payment shall have the foregoing provision printed thereon. The amount so paid shall be included on the annual assessment roll for the current year, provided, such roll has not then been delivered to the treasurer, with an appropriate notation by the secretary that the amount has been paid. If the roll for that year has been delivered to the treasurer then the payment so made shall be added to the next annual assessment roll with appropriate notation that the amount has been paid. [1988 c 127 § 45; 1970 ex.s. c 70 § 3; 1957 c 68 § 1; 1949 c 103 § 2; 1921 c 129 § 28; 1917 c 162 § 13; Rem. Supp. 1949 § 7463. Formerly RCW 87.36.050.] 87.03.495 (2008 Ed.) Irrigation Districts Generally Assessment, equalization, levy and collection of assessments for irrigation district purposes: RCW 87.03.240 through 87.03.280. 87.03.500 Local improvement districts—Payment of bonds. In the event of the failure of the lands within the local improvement district to furnish money sufficient for the payment of principal or interest of the bonds or the contract as provided for in RCW 87.03.485 for such local improvement work and there shall be a default in the payment of principal or interest as aforesaid, the amount delinquent shall be paid by the general warrants of the irrigation district at large or, in the event of a contract, by whatever means of payment is called for thereunder, but the lands of the local improvement district shall not thereby become released from liability for special assessment therefor. Such warrants, if issued, shall be redeemed as soon as there shall be available money in the bond redemption fund of the local improvement district. [1970 ex.s. c 70 § 4; 1921 c 129 § 29; 1917 c 162 § 14; RRS § 7464. Formerly RCW 87.36.060.] 87.03.500 87.03.505 Local improvement districts—L.I.D. unable to pay costs—Survey—Reassessments. Whenever, by reason of the sale of land within a local improvement district for unpaid taxes or assessments, or for any other reason, it may appear apparent that the remaining lands within any such local improvement district are and will be unable to pay out the cost of such improvement or the bond issue or contract indebtedness therefor, the landowners of the local improvement district may petition the directors of the irrigation district or the directors of the district may upon their own initiative, and either upon receipt of such petition or the passing of such resolution the directors of the irrigation district shall cause a complete survey to be made of the affairs of the local improvement district pertaining to the payment of the cost of said improvement, and shall determine the amount of property remaining in the hands of private owners that is still subject to assessment for the improvement, the amount of land standing in the name of the district which is subject to assessment for said improvement and the amount of any lands which may have been entirely removed from the liability of any such assessments, and such other and pertinent data as may be necessary, in order to determine the ability of said remaining private property to pay the remaining balance of the cost of said improvement, and if as a result thereof it shall appear that the remaining private property will be unable to pay the said remaining cost of the improvement, the said board of directors shall determine what amount and to what extent the remaining private property will be able to equitably pay on the cost of said improvement which shall include the privately owned property and district owned property and such remaining portion of the cost of said improvement which the directors find said land can equitably pay and in such amounts as in the judgment of the directors shall appear equitable after taking all circumstances into consideration, shall be assessed against the lands within such local improvement district and shall be levied and collected in the manner as in this act provided for the assessment and collection of construction costs and shall be payable over a period of not more than twenty years. Notwithstanding all provisions in this chapter contained for the assessment, equalization, levy and collection of assessments no election shall be required to 87.03.505 (2008 Ed.) 87.03.510 authorize the issue of bonds or the entering into a contract to cover the cost thereof. Assessments when collected by the county treasurer for the payment shall constitute a special fund to be called "bond redemption or contract repayment fund of local improvement district No. . . . . . ." The costs or any unpaid portion thereof, of any such assessment, charged or to be charged or assessed against any tract of land may be paid in one payment by the owner or by any one acting for such owner, under and pursuant to such rules as the board of directors may adopt, and all such amounts shall be paid to the county treasurer who shall place the same in the appropriate fund. Upon the payment in full of the amount charged or to be charged or assessed against any particular tract of land, said tract of land shall be thereupon entirely, fully and finally released of any and all further liability by reason of such improvement and the amount charged or to be charged and assessed against each tract of land as designated by said board shall be the limit of the liability of said tract of land for the costs of said improvement, except insofar as said land may be additionally liable by reason of being within the irrigation district and being liable for its portion of the general obligation of the district. The determination of the amount charged or to be charged or assessed against any tract of land may be appealed by the owner of said tract from the decision of the board of directors to the superior court of the county in which the property is located at any time within twenty days from the date of the passage of a resolution by the board of directors with reference thereto: PROVIDED, HOWEVER, That in the event said irrigation district shall have borrowed or have an application on file for the borrowing of money from the reconstruction finance corporation, or its successor, or has entered into a contract with the United States or the state of Washington, or both, then in that event before any such reassessment shall be made it shall first receive the approval of said reconstruction finance corporation, or its successor or the United States or the state of Washington, or both, as the case may be. [1970 ex.s. c 70 § 5; 1935 c 128 § 1; RRS § 7464-1. Formerly RCW 87.36.070 and 87.36.080.] Assessment, equalization, levy and collection of assessments for irrigation district purposes: RCW 87.03.240 through 87.03.280. 87.03.510 Local improvement districts—Irrigation district L.I.D. guarantee fund. There is hereby established for each irrigation district in this state having local improvement districts therein a fund for the purpose of guaranteeing to the extent of such fund and in the manner herein provided, the payment of its local improvement bonds and warrants issued or contract entered into to pay for the improvements provided for in this act. Such fund shall be designated "local improvement guarantee fund" and for the purpose of maintaining the same, every irrigation district shall hereafter levy from time to time, as other assessments are levied, such sums as may be necessary to meet the financial requirements thereof: PROVIDED, That such sums so assessed in any year shall not be more than sufficient to pay the outstanding warrants or contract indebtedness on said fund and to establish therein a balance which shall not exceed five percent of the outstanding obligations thereby guaranteed. Whenever any bond redemption payment, interest payment, or contract payment of any local improvement district shall become due 87.03.510 [Title 87 RCW—page 33] 87.03.515 Title 87 RCW: Irrigation and there is insufficient funds in the local improvement district fund for the payment thereof, there shall be paid from said local improvement district guarantee fund, by warrant or by such other means as is called for in the contract, a sufficient amount, which together with the balance in the local improvement district fund shall be sufficient to redeem and pay said bond or coupon or contract payment in full. Said warrants against said guarantee fund shall draw interest at a rate determined by the board and said bonds and interest payments shall be paid in their order of presentation or serial order. Whenever there shall be paid out of the guarantee fund any sum on account of principal or interest of a local improvement bond or warrant or contract the irrigation district, as trustee for the fund, shall be subrogated to all of the rights of the owner of the bond or contract amount so paid, and the proceeds thereof, or of the assessment underlying the same shall become part of the guarantee fund. There shall also be paid into such guarantee fund any interest received from bank deposits of the fund, as well as any surplus remaining in any local improvement district fund, after the payment of all of its outstanding bonds or warrants or contract indebtedness which are payable primarily out of such local improvement district fund. [1983 c 167 § 224; 1981 c 156 § 31; 1970 ex.s. c 70 § 6; 1935 c 128 § 2; RRS § 7464-2. Formerly RCW 87.36.090.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Levies, amount—Special funds: RCW 87.03.260. 87.03.515 Local improvement districts—Refunding bonds. It shall be lawful for any irrigation district which has issued local improvement district bonds for said improvements, as in this chapter provided, to issue in place thereof an amount of general bonds of the irrigation district not in excess of such issue of local improvement district bonds, and to sell the same, or any part thereof, or exchange the same, or any part thereof, with the owners of such previously issued local improvement district bonds for the purpose of redeeming said bonds: PROVIDED, HOWEVER, That all the provisions of this chapter regarding the authorization and issuing of bonds shall apply, and: PROVIDING, FURTHER, That the issuance of said bonds shall not release the lands of the local improvement district or districts from liability for special assessments for the payment thereof: AND PROVIDED FURTHER, That the lien of any issue of bonds of the district prior in point of time to the issue of bonds or local improvement district bonds herein provided for, shall be deemed a prior lien. [1983 c 167 § 225; 1921 c 129 § 30; 1917 c 162 § 15; RRS § 7465. Formerly RCW 87.36.100.] 87.03.515 manner as provided in RCW 87.03.785 to 87.03.805, inclusive. [1921 c 129 § 31; 1917 c 162 § 16; RRS § 7466. Formerly RCW 87.36.110.] 87.03.522 Irrigation district authorized to finance local improvements with general district funds. In lieu of the issuance of local improvement district bonds or the entering into a contract with the United States or the state of Washington, or both, to secure the funds for or to repay the cost of any improvement to be charged, in whole or in part, against any local improvement district organized pursuant to this chapter, any irrigation district may finance the cost of said local improvement with any general district funds which may be available for said purpose and provide, in such manner as the district’s directors may determine, for the repayment, with or without interest as the district’s directors determine, through assessments against the lands in the local improvement district levied in the same manner authorized by this chapter of said general district moneys thus advanced. [1983 c 167 § 226; 1970 ex.s. c 70 § 8.] 87.03.522 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.03.525 Local improvement districts—Provisions applicable to districts formerly organized. Any local improvement district heretofore duly organized may avail itself of and be subject to any of the provisions of this chapter increasing the number of annual installments, not to exceed fifty, after the directors of the irrigation district duly adopt a resolution to that effect, and it shall be the duty of the board of directors to adopt such resolution whenever in the judgment of the board the best interests of the local improvement district will be served thereby, and the interests of the irrigation district will not be jeopardized. [1970 ex.s. c 70 § 7; 1919 c 180 § 17; RRS § 7467. Formerly RCW 87.36.120.] 87.03.525 87.03.526 Local improvement districts—Safeguarding open canals or ditches—Assessments and benefits. Whenever a local improvement district is established within an irrigation district for the safeguarding of the public from the dangers of open canals or ditches the rate of assessment per square foot in the local district may be determined by any of the methods provided for assessment of similar improvements in cities or towns in chapter 35.44 RCW, and the lands specially benefited by such improvements shall be the same as provided in chapter 35.43 RCW for similar improvements in cities or towns. [1959 c 75 § 10. Formerly RCW 87.36.130.] 87.03.526 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Safeguarding open canals or ditches: RCW 35.43.040, 35.43.045, 35.44.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, and 87.03.480. 87.03.520 Local improvement districts—Contracts with state or United States for local improvement work. Any irrigation district may contract with the United States, or the state of Washington, for local improvement work, and for such purpose may form local improvement districts as herein provided. Authorization of local improvement district bonds or of contract with the United States, or the state of Washington, for local improvement work may be confirmed in the same 87.03.527 Local improvement districts—Alternative methods of formation. Whenever a local improvement district is sought to be established within an irrigation district, in addition to the procedures provided in RCW 87.03.480 through 87.03.525 there may be employed any method authorized by law for the formation of districts or improvement districts so that when formed it will qualify under the provisions of chapter 89.16 RCW. [1959 c 104 § 7. Formerly RCW 87.36.140.] 87.03.520 [Title 87 RCW—page 34] 87.03.527 (2008 Ed.) Irrigation Districts Generally 87.03.530 Consolidation of irrigation districts— Authorization—Merger of smaller irrigation districts. (1) Two or more irrigation districts may be consolidated into one district as provided in RCW 87.03.535 through 87.03.551 and may include in such district other lands susceptible of irrigation in the manner provided in this act, and upon the organization of such consolidated district it shall be an organized irrigation district subject to the provisions of this chapter. (2) A smaller irrigation district may be merged into a larger irrigation district as provided in RCW 87.03.845 through 87.03.855 if the assessed acreage in the smaller district constitutes not more than thirty percent of the combined assessed acreage of the two districts. In such a proceeding, the smaller district is referred to as the "minor" irrigation district and the larger district is referred to as the "major" irrigation district. The district resulting from such a merger shall be an organized district subject to the provisions of this chapter. [1993 c 235 § 1; 1919 c 180 § 18; RRS § 7468. Formerly RCW 87.40.010.] 87.03.530 87.03.535 Consolidation of irrigation districts—Proceedings for consolidation—Elections. For the purpose of organizing a consolidated irrigation district a petition signed by fifty or a majority of the holders of title to, or evidence of title to land susceptible of irrigation within the proposed district shall be presented to the board of county commissioners of the county in which the lands or the greater portion thereof are situated, which petition shall set forth and particularly describe the proposed boundaries of such district, and the name of each existing irrigation district proposed to be included therein, and shall pray that the territory embraced within the boundaries of such proposed district may be organized as a consolidated irrigation district. Such petition shall be accompanied by bond as provided in RCW 87.03.020 and thereupon the same proceedings shall be had for the organization of such consolidated district as is provided in RCW 87.03.020 and 87.03.035 through 87.03.045, and the organization of such consolidated district shall be perfected in the same manner as provided in this chapter for the organization of new districts, except as otherwise provided in this section. The board of directors of each irrigation district proposed to be included in such consolidated district shall be served with a copy of the petition for the organization of such consolidated district together with notice at the time and place of hearing of such petition, at least twenty days prior to such hearing, and the board of county commissioners upon the hearing of such petition shall not grant the same or call an election if it shall appear that the board of directors of any existing irrigation district proposed to be included in such consolidated district have by resolution, regularly passed and entered upon the minutes of the directors meetings of such district, voted against the inclusion of such district into such proposed consolidated district. The board of county commissioners upon the hearing of such petition, shall not modify the boundaries of the proposed district to exclude any of the lands which are contained in any of the existing districts proposed to be included in such consolidated districts, and the order calling an election shall provide an election by the electors of each existing district proposed to be included in such consolidated district, and for an election by the electors of 87.03.535 (2008 Ed.) 87.03.545 that part of the proposed district not included in any existing district, but no elector may cast more than one vote at such election. Such proposed district shall not be declared organized unless two-thirds of all votes cast in each existing district shall be Irrigation District—Yes, and unless two-thirds of all the votes cast in that part of the proposed district not included in any existing district shall be Irrigation District— Yes. If the organization of such consolidated district is not effected the organization of the district proposed to be included in such consolidated district shall not be affected. [1919 c 180 § 19; RRS § 7469. Formerly RCW 87.40.020.] 87.03.540 87.03.540 Consolidation of irrigation districts— Directors—Disposition of affairs of included districts. The board of directors of each included district shall hold office until the board of directors of the consolidated district shall have been elected and shall have qualified, and thereupon the term of office of the directors of such included district shall terminate, and the board of directors of such consolidated district shall have and exercise all the powers and duties in regard to such included district as were vested in the board of directors of such district. Each organized district included in a consolidated district shall either retain its corporate existence so far as necessary for the purpose of carrying out all contracts of such district, and until its indebtedness has been paid in full, or the board of directors of the consolidated district may constitute each such included district a local improvement district for the purpose of carrying out the obligations of, such included district and shall have all the power possessed by the board of directors of such included district to carry out all contracts of such included district to levy, assess and cause to be collected any and all assessments or charges against all of the land within such local improvement district that may be necessary or required to provide for the payment of all the bonds, warrants, and other indebtedness thereof, and to provide for the construction, reconstruction, betterment, improvement, maintenance and operation of all such work as are for the special benefit of the land in such local improvement district. Until such assessments shall have been collected and all indebtedness of the respective included districts paid, separate funds shall be maintained for each such district as were maintained in such included districts prior to the consolidation. A petition shall not be required for the establishment of the lands of such included districts as local improvement districts. [1919 c 180 § 20; RRS § 7470. Formerly RCW 87.40.030.] Board’s powers and duties generally: RCW 87.03.140. 87.03.545 87.03.545 Consolidation of irrigation districts— Obligations of included districts unaffected. The inclusion of an organized district into a consolidated district shall not affect or impair any bonds or obligations of such included district and the holders of the bonds of any such included district shall be entitled to all remedies for the enforcement of the same as if such district had not been consolidated, and all obligations that shall have been incurred by any district prior to its being included in a consolidated district shall be a prior lien to any obligation that may be incurred against such land under such consolidated district: PROVIDED, HOWEVER, That the board of directors of the consolidated district may [Title 87 RCW—page 35] 87.03.550 Title 87 RCW: Irrigation when authorized thereto, exchange any bonds of the consolidated district for the bonds of such included districts upon obtaining the consent of such bond holders. If any included district shall prior to the time of its inclusion into a consolidated district have entered into any contract with the United States pursuant to the provisions of this chapter, and the board of directors of such consolidated district propose to enter into a contract with the United States by the consolidated district, said board of directors, when authorized thereto, shall enter into such contract with the United States, and may in such event, with the consent of the United States, cancel any contract previously entered into between any included district and the United States. [1919 c 180 § 21; RRS § 7471. Formerly RCW 87.40.040.] Bonds: RCW 87.03.200 through 87.03.235. Powers and duties of board (contracts with the state and United States): RCW 87.03.140. 87.03.550 Consolidation of irrigation districts— Property vested in new district—Credit. The board of directors of an included district shall before the expiration of their term of office cause to be prepared and filed with the board of directors of the consolidated district a statement of all property of such included district, and upon the organization of such consolidated district, the property, of such included district shall, subject to the rights of the holders of the bonds or other obligations of such district, become the property of such consolidated district, and the board of directors of such consolidated district shall in making assessments for such consolidated district cause equitable credit to be given to the lands of such included district for such property received as is of value and benefit to the consolidated district. [1919 c 180 § 22; RRS § 7472. Formerly RCW 87.40.050.] the boundaries of the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made, except as hereinafter expressly in RCW 87.03.645 prescribed: PROVIDED, That in case contract has been made between the district and the United States, or the state of Washington, as in RCW 87.03.140 provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior or the director of ecology shall assent thereto in writing and such assent be filed with the board of directors. [1988 c 127 § 46; 1921 c 129 § 32; 1915 c 179 § 21; 1889-90 p 694 § 47; RRS § 7474. Formerly RCW 87.44.010.] Consolidation of irrigation districts: RCW 87.03.530 through 87.03.551. 87.03.550 87.03.551 Consolidation of irrigation districts—Procedures supplemental to boundary change provisions. The procedure herein provided for the consolidation of districts shall not supersede or repeal any provisions of this act providing for changing the boundaries of any irrigation district, but shall be additional and supplemental thereto. [1919 c 180 § 23; RRS § 7473.] 87.03.551 87.03.560 87.03.560 Adding lands to district—Petition, contents—Acknowledgment. The holder or holders of title, or evidence of title, representing one-half or more of any body of lands may file with the board of directors of an irrigation district a petition in writing, praying that the boundaries of the district may be so changed as to include such lands. The petition shall describe the boundaries of the parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners respectively of distinct parcels, but such descriptions need not be more particular than they are required to be when such lands are entered by the county assessor in the assessment book. Such petition must contain the assent of the petitioners to the inclusion within the district of the parcels or tracts of land described in the petition, and of which the petition alleges they are respectively the owners; and it must be acknowledged in the same manner that conveyances of land are required to be acknowledged. [2001 c 149 § 3; 1889-90 p 694 § 48; RRS § 7475. Formerly RCW 87.44.020, part.] Acknowledgments: Chapter 64.08 RCW. 87.03.565 87.03.553 Consolidated local improvement districts for bond issuance. For the purpose of issuing bonds only, the governing body of any irrigation district may authorize the establishment of consolidated local improvement districts. The local improvements within such consolidated districts need not be adjoining, vicinal, or neighboring. If the governing body orders the creation of such consolidated local improvement districts, the moneys received from the installment payment of the principal of and interest on assessments levied within original local assessment districts shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds. [1991 c 8 § 1.] 87.03.553 87.03.555 Change of boundaries authorized—Effect. The boundaries of any irrigation district now or hereafter organized under the provisions of this chapter may be changed in the manner herein prescribed, but such change of 87.03.555 [Title 87 RCW—page 36] 87.03.565 Adding lands to district—Notice—Contents—Service. The secretary of the board of directors shall cause a notice of the filing of such petition to be published in the same manner and for the same time that notice of special elections for the issue of bonds are required by this chapter to be given. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition, and it shall notify all persons interested in or that may be affected by such change of the boundaries of the district to appear at the office of said board at a time named in said notice, and show cause in writing, if any they have, why the change in the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this chapter. [1963 c 68 (2008 Ed.) Irrigation Districts Generally § 3; 1921 c 129 § 33; 1889-90 p 695 § 49; RRS § 7476. Formerly RCW 87.44.030.] Notice of special elections for the issue of bonds: RCW 87.03.200. Official paper for publication: RCW 87.03.020. 87.03.570 Adding lands to district—Hearing— Assent. The board of directors, at the time and place mentioned in said notice, or at such other time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all the objections thereto presented in writing by any person showing cause, as aforesaid, why said proposed change of the boundaries of the district should not be made. The failure by any person interested in said district, or in the matter of the proposed change of its boundaries, to show cause in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any portion of the lands described in said petition. [1889-90 p 695 § 50; RRS § 7477. Formerly RCW 87.44.040.] 87.03.570 87.03.575 Adding lands to district—Payment for benefits received required. The board of directors to whom such petition to include other lands in the district is presented, shall require, as a condition precedent to the granting of the petition, that the petitioners shall severally pay, or give approved security upon such terms as may be prescribed by the board to pay, to such district such respective sums as shall be determined by the board at the hearing above provided for, which sums shall be such equitable amount as such land shall pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed. [1915 c 179 § 22; 1913 c 165 § 21; 1889-90 p 696 § 51; RRS § 7478. Formerly RCW 87.44.050.] 87.03.575 87.03.580 Adding lands to district—Order. The board of directors, if they deem it not for the best interests of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed, and if no person interested in said district, or the proposed change of its boundaries, shows cause in writing why the proposed change should not be made, or if, having shown cause, withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in said petition, or some part thereof. The order shall describe the boundaries of lands included, as aforesaid; and for that purpose the board may cause a survey to be made of such portions of such boundary as is deemed necessary and may at its option redefine the boundaries of the district, or so much of the same as it deems advisable. [1947 c 241 § 1; 1889-90 p 696 § 52; Rem. Supp. 1947 § 7479. Formerly RCW 87.44.060, part.] 87.03.580 (2008 Ed.) 87.03.600 87.03.585 Adding lands to district—Resolution. If any person interested in said district, or the proposed change of its boundaries, shall show cause, as aforesaid, why such boundaries should not be changed and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board are of the opinion should be included within the boundaries of the district when changed. [1889-90 p 696 § 53; RRS § 7480. Formerly RCW 87.44.060, part.] 87.03.585 87.03.590 Adding lands to district—Election— Notice—How conducted. Upon the adoption of the resolution mentioned in RCW 87.03.585, the board shall order that an election be held within said district, to determine whether the boundaries of the district shall be changed as mentioned in said resolution; and shall fix the time at which such election shall be held, and shall cause notice thereof to be given and published. Such notice shall be given and published, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted, in the manner prescribed by *this act in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. [1889-90 p 697 § 54; RRS § 7481. Formerly RCW 87.44.070.] 87.03.590 *Reviser’s note: "This act" appears to refer to 1889-90 p. 697. Official paper for publication: RCW 87.03.020. Special election for the issue of bonds: RCW 87.03.200. 87.03.595 Adding lands to district—Order changing boundaries—Record. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in the matter. But if a majority of the votes be in favor of such change of the boundaries of the district, the board shall thereupon order that the boundaries of the district be changed in accordance with said resolution adopted by the board. The said order shall describe the entire boundaries of said district, and for that purpose the board may cause a survey of such portions thereof to be made as the board may deem necessary. [1961 c 18 § 2. Prior: 1889-90 p 697 § 55; RRS § 7482. Formerly RCW 87.44.080, part.] 87.03.595 87.03.600 Adding lands to district—Change of boundaries recorded—Effect. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the offices of county auditor and county assessor of each county within which are situated any of the lands of the dis87.03.600 [Title 87 RCW—page 37] 87.03.605 Title 87 RCW: Irrigation trict, and thereupon the district shall be and remain an irrigation district, as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries as aforesaid had been included therein at the original organization of the district. [1961 c 18 § 3. Prior: 1921 c 129 § 34; 1889-90 p 697 § 56; RRS § 7483. Formerly RCW 87.44.080, part.] 87.03.605 Adding lands to district—Petition to be recorded—Admissible as evidence. Upon the filing of the copies of the order, as in RCW 87.03.600 mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. [1889-90 p 698 § 57; RRS § 7484. Formerly RCW 87.44.090.] 87.03.605 87.03.610 Adding lands to district—Guardian, administrator or executor may act. A guardian, an executor or administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed. [1889-90 p 698 § 58; RRS § 7485. Formerly RCW 87.44.020, part.] 87.03.610 Reviser’s note: (1) "Petition in this act mentioned" apparently refers to the petition provided for in RCW 87.03.560. (2) "Show cause, as in this act mentioned" apparently refers to the show cause provided for in RCW 87.03.565. Guardians, etc., when land excluded from district: RCW 87.03.690. 87.03.615 Adding lands to districts of two hundred thousand acres—Petition. Whenever five or a majority of the holders of title to or evidence of title to any land susceptible of irrigation from the water supply and system of works of any irrigation district in this state, comprising within its boundaries two hundred thousand or more acres of land now existing or hereafter organized, desire to have such land included in said irrigation district, they may file a petition, in writing, with the board of directors thereof praying that such land be included in such district. [1939 c 150 § 1; RRS § 7485-1. Formerly RCW 87.44.100.] 87.03.615 87.03.620 Adding lands to districts of two hundred thousand acres—Time and place of hearing—Notice. Upon the filing of the petition, the board shall fix a time and place for the hearing of the same which shall not be less than thirty days and not more than forty-five days from the date of said filing; and the board shall cause a notice of such hearing to be published prior to said hearing in three consecutive weekly issues of the official newspaper of each county in which any of said land prayed to be included is situated. [1939 c 150 § 2; RRS § 7485-2. Formerly RCW 87.44.110.] 87.03.620 Official paper for publication: RCW 87.03.020. 87.03.625 Adding lands to districts of two hundred thousand acres—Contents of notice. Said notice shall state 87.03.625 [Title 87 RCW—page 38] the filing of the petition, describe generally the lands petitioned to be included within the operation of the district and the prayer of the petition and shall notify all persons interested in or that may be affected by such inclusion to appear at the time and place named in the notice, and show cause in writing, if any they have, why such lands or any part of the same should not be included within operation of the district. Such notice shall have the name of the secretary and of the district either subscribed or subprinted thereto. [1939 c 150 § 3; RRS § 7485-3. Formerly RCW 87.44.120.] 87.03.630 Adding lands to districts of two hundred thousand acres—Hearing—Order including lands. The board of directors of the district shall meet at the time and place specified in the notice and shall have full authority to determine all matters pertaining to the petition, including the denial as well as the granting of said petition or any part thereof; and if it appears at said hearing, or at any adjournment thereof which may be had not to exceed in all thirty days, that the land or any portion thereof petitioned to be included within the district, is susceptible of irrigation from the water supply and system of works of the said district and will be benefited by such irrigation; and if at said hearing or at any adjournment thereof as aforesaid, not more than fifty percent of the holders of title or evidence of title to the lands described in the petition and proposed to be included file their objections in writing to the inclusion of such land within the time and as in *this act provided, the said board shall make and enter in the records of their proceedings an order including said land, or such portion thereof as in their judgment is susceptible of irrigation and will be benefited as aforesaid, within the operation of said district. [1939 c 150 § 4; RRS § 7485-4. Formerly RCW 87.44.130, part and 87.44.140, part.] 87.03.630 *Reviser’s note: "This act" is codified as RCW 87.03.615 through 87.03.640. 87.03.635 Adding lands to districts of two hundred thousand acres—Denial of petition. If at said hearing or at any adjournment thereof, the board of directors shall determine that said land is not susceptible of irrigation and will not be benefited as aforesaid by inclusion in the district, or if more than fifty percent of the holders of title to or evidence of title to the land described in the petition file their objections in writing within the time and as aforesaid, then the board of directors shall deny said petition and shall make and enter in the records of their proceedings an order to that effect. [1939 c 150 § 5; RRS § 7485-5. Formerly RCW 87.44.130, part.] 87.03.635 87.03.640 Adding lands to districts of two hundred thousand acres—Order filed—Effect. A certified copy of the order of the board of directors including any lands within the operation of the district under the provisions of *this act shall be filed with the county assessor and with the county auditor of each county in which any part of such included lands is situated, and from and after the date of such filing such land shall be subject to all the obligations and entitled to all the privileges of lands within the operation of the district. [1939 c 150 § 6; RRS § 7485-6. Formerly RCW 87.44.140, part.] 87.03.640 *Reviser’s note: "This act," see note following RCW 87.03.630. (2008 Ed.) Irrigation Districts Generally 87.03.645 Exclusion of lands from district—Effect. The boundaries of any irrigation district or consolidated irrigation district, now or hereafter organized under the provisions of this chapter, may be changed, and tracts of land which were included within the boundaries of such district, or former irrigation districts which were included within the boundaries of such consolidated district, at or after its organization under the provisions of this chapter, may be excluded therefrom in the manner herein prescribed; but neither such change of the boundaries of the district or consolidated district, nor such exclusion of lands from the district, nor such exclusion of a former district from a consolidated district, shall impair or affect its organization or the rights of the district in or to property, except that all property of a consolidated district, the title to which was derived from a former district by, and at the time of, the consolidation shall revert to and become the property of such former district when reestablished as herein provided; nor shall it affect, impair or discharge any contract, obligation, lien, or charge for or upon which such district or such consolidated district was or might become liable or chargeable had such change of its boundaries not been made, or had not any such land been excluded from such district, or any such former district been excluded from such consolidated district, unless the holders of such lien, obligation, charge or contract right chargeable against the district, or consolidated district consent to such exclusion in the manner hereinafter provided in RCW 87.03.670 for the consent of the bondholders. [1921 c 129 § 35; 1915 c 179 § 23; 1889-90 p 698 § 60; RRS § 7486. Formerly RCW 87.44.150.] 87.03.645 87.03.650 Exclusion of lands from district—Petition to exclude lands—Contents. The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district, or fifty or a majority of the holders of title to lands constituting any portion of an irrigation district, or consolidated district as the case may be, for which lands similar grounds for exclusion may exist, or fifty or a majority of the holders of title to lands which constituted a former irrigation district included with a consolidated district, may file with the board of directors of such district, or of such consolidated district, as the case may be, a petition praying that such tracts, and any other tracts contiguous thereto, or such land which constituted such former district, may be excluded and taken from said district, or consolidated district, as the case may be, and in the latter case that such former district may be reestablished. The petition for the exclusion of tracts of land from a district shall describe the boundaries of the land which the petitioners desire to have excluded from the district, and also describe the land of such of said petitioners which are included within such boundaries; but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. The petition for the exclusion of a former district from a consolidated district shall give the corporate name and number of such former district and shall describe the lands of each of said petitioners by legal subdivision or lot and block numbers and name of city, town or addition of platted lands. Every such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land, and the acknowledgment shall have the same force 87.03.650 (2008 Ed.) 87.03.665 and effect as evidence as the acknowledgment of such conveyance. [1921 c 129 § 36; 1889-90 p 699 § 61; RRS § 7487. Formerly RCW 87.44.160, part.] Acknowledgments: Chapter 64.08 RCW. Property taxes—Listing of property: Chapter 84.40 RCW. 87.03.655 Exclusion of lands from district—Notice— Contents—Service. The secretary of the board of directors shall cause a notice of the filing of the petition to be published for at least two weeks in a newspaper of general circulation in the county where the office of the board of directors is situated, and if any portion of the territory to be excluded lies within another county or counties, then the notice shall be so published in a newspaper of general circulation within each of the counties. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands, or the name and number of the former district, mentioned in the petition, and the prayer of the petition; and it shall notify all persons interested in or that may be affected by the change of the boundaries of the district to appear at the office of the board at a time named in the notice, and show cause in writing, if any they have, why the change of the boundaries of the district, as proposed in the petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. [1985 c 469 § 89; 1921 c 129 § 37; 1889-90 p 699 § 62; RRS § 7488. Formerly RCW 87.44.170.] 87.03.655 Official paper for publication: RCW 87.03.020. 87.03.660 Exclusion of lands from district—Hearing—Assent. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all objections thereto presented in writing, by any person showing cause, as aforesaid, why the prayer of said petition should not be granted. The failure of any person interested in said district or consolidated district to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be excluded from said district, or the former district mentioned should not be excluded from the consolidated district, as the case may be, shall be deemed and taken as an assent by him to such exclusion, and the filing of such petition with such board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to such exclusion. [1921 c 129 § 38; 1889-90 p 700 § 63; RRS § 7489. Formerly RCW 87.44.180.] 87.03.660 87.03.665 Exclusion of lands from district—Order denying or granting petition. The board of directors, if they deem it not for the best interest of the district, or consolidated district, as the case may be, that the lands, or the former district, mentioned in the petition, or some portion thereof, should be excluded from said district, or consolidated district, shall order that said petition be denied; but if they deem it for the best interests of the district, or consolidated district, as the case may be, that the lands, or the former district, as the case may be, be excluded from the district, or consolidated district, and if no person interested in the district shows cause, in writing, why the prayer of the petition should not be granted, 87.03.665 [Title 87 RCW—page 39] 87.03.670 Title 87 RCW: Irrigation or if having shown cause withdraws the same, and also, if there be no outstanding bonds of the district, and no contract between the district and the United States, or the state of Washington, then the board may order that the lands mentioned in the petition, or some defined portion thereof, or the former district mentioned in the petition, be excluded from the district, or consolidated district, as the case may be, and the former district be reestablished. [1921 c 129 § 39; 1915 c 179 § 24; 1889-90 p 700 § 64; RRS § 7490. Formerly RCW 87.44.190.] Board’s powers and duties generally (contracts with state and United States): RCW 87.03.140. 87.03.670 Exclusion of lands from district—Assent of bondholders. If there be outstanding bonds of the district, or consolidated district, as the case may be, or if such district shall have entered into a contract with the United States, or the state of Washington, then the board may adopt a resolution to the effect that the board deems it to the best interest of the district that the lands mentioned in the petition, or some portion thereof, or the former district mentioned in the petition, as the case may be, should be excluded from the district, or consolidated district, and the former district reestablished. The resolution shall describe such lands so that the boundaries can readily be traced, or shall give the corporate name and number of the former district. The holders of such outstanding bonds may give their assent, in writing, to the effect that they severally consent that the board may make an order by which the lands, or the former district, mentioned in the resolution may be excluded from the district, and in case contract has been made with the United States, or the state of Washington, the secretary of the interior or the director of ecology may assent to such change. The assent must be acknowledged by the several holders of such bonds in the same manner and form as is required in case of a conveyance of land, and the acknowledgment shall have the same force and effect, as evidence, as the acknowledgment of such conveyance. The assent of the secretary of the interior need not be acknowledged. The assent shall be filed with the board, and in the office of the county clerk in each county comprised within the district and must be recorded in the minutes of the board; and said minutes, or certified copy thereof, shall be admissible in evidence with the same effect as the said assent; but if such assent of the bondholders, and in case of contract with the United States, or the state of Washington, such assent of the secretary of the interior or the director of ecology, be not filed, the board shall deny and dismiss said petition. [1988 c 127 § 47; 1921 c 129 § 40; 1915 c 179 § 25; 1889-90 p 701 § 65; RRS § 7491. Formerly RCW 87.44.200.] 87.03.670 Acknowledgments: Chapter 64.08 RCW. Board’s powers and duties generally (contracts with state and United States): RCW 87.03.140. Certificate of acknowledgment—Evidence: RCW 64.08.050. 87.03.675 Exclusion of lands from district—Order for election—Notice—Conduct of election. If the assent aforesaid of the holders of said bonds be filed and entered of record as aforesaid, and if there be objections presented by any person showing cause as aforesaid, which have not been withdrawn, then the board may order an election to be held in each district to determine whether an order shall be made 87.03.675 [Title 87 RCW—page 40] excluding said land from said district, or excluding said former district from said consolidated district, as the case may be, and such former district be reestablished, as mentioned in said resolution. The notice of such election shall describe the boundary of all lands, or shall give the corporate name and number of the former district, which it is proposed to exclude, and such notice shall be published for at least two weeks prior to such election, in a newspaper published within the county where the office of the board of directors is situated; and if any portion of such territory to be excluded lie within another county or counties, then said notice shall be so published in a newspaper published within each of such counties. Such notice shall require the electors to cast ballots, which shall contain the words "For exclusion" and "Against exclusion", or words equivalent thereto. Such election shall be conducted in the manner prescribed in this chapter for the holding of special elections on the issuance of bonds. In every case where the petition is for the exclusion of a former district from a consolidated district the resolution of the board ordering an election shall provide for the holding of such election separately in the territory comprising such former district and in the territory comprising that portion of the consolidated district not included in such former district, and for canvassing and counting of the votes cast at such election separately. [1921 c 129 § 41; 1915 c 179 § 26; 188990 p 701 § 66; RRS § 7492. Formerly RCW 87.44.210.] Special elections on the issuance of bonds: RCW 87.03.200. 87.03.680 87.03.680 Exclusion of lands from district—Procedure following election—Order of exclusion. If at any such election a majority of all the votes cast shall be against exclusion the board shall deny and dismiss said petition and proceed no further in said matter; but if in the case of a petition for the exclusion of lands from a district a majority of such votes be in favor of the exclusion of said lands from the district, the board shall thereupon order that the said lands mentioned in said resolution be excluded from the district; if in the case of a petition for the exclusion of a former district from a consolidated district, a majority of the votes cast in such former district shall be against exclusion, or a majority of the votes cast in the remaining portion of the consolidated district shall be against exclusion, the board shall deny and dismiss the petition and proceed no further in the matter; but if in the case of a petition for such exclusion of a former district a majority of the votes cast in such former district and a majority of the votes cast in the remaining portion of the consolidated district shall be in favor of the exclusion of such former district, the board shall thereupon order that the lands comprising such former district be excluded from the consolidated district and that such former district shall be and is reestablished as an irrigation district created and established under the provision of this chapter and that the title to all property formerly belonging to, and all property within the boundaries of said former district, shall be and is vested in such reestablished district, and shall call an election to be held in such reestablished district for the election of a board of directors thereof, and direct the publication of notices of such election in the manner provided in this chapter for the publication of notice of special elections. The board entering such order shall continue to administer the affairs of such (2008 Ed.) Irrigation Districts Generally reestablished district until the directors elected at such election shall have qualified. The said order excluding land from a district shall describe the boundaries of the lands excluded, should the exclusion change the boundaries of the district, and in case of the exclusion of a former district from a consolidated district, shall describe the boundaries of the reestablished district and the boundaries of the district remaining; and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board may deem necessary. [1961 c 18 § 4. Prior: 1947 c 241 § 2; 1921 c 129 § 42; 1889-90 p 702 § 67; Rem. Supp. 1947 § 7482 (RRS § 7493). Formerly RCW 87.44.220.] 87.03.710 canceled. Said cancellation, if any, shall be accomplished by an order entered upon the minutes of the board and certified to the office of the county treasurer. Upon the filing of such certified order, said assessments, or any portion thereof, canceled by said order shall be marked "Canceled" upon the treasurer’s records. The lien of such portion of said assessments, if any, as the board shall refuse to cancel, shall continue against the lands excluded, and the district shall retain all of its rights to such assessments or portions thereof as if said lands had not been excluded. [1921 c 129 § 44; 1913 c 165 § 22; 1889-90 p 703 § 72; RRS § 7497. Formerly RCW 87.44.240.] 87.03.700 Connecting system to lower drainage district—Procedure. When an irrigation district desires to connect its system of drainage with that of a lower drainage district or districts, it shall make the lower district or districts a party to the proceedings to construct its system, and allege in its petition that the connection is needed to afford a proper outlet and that the outlet is sufficient for both districts. If the lower system or systems must be improved to support the additional burden, the petition shall be accompanied by plans and specifications therefor. The owners of all lands in the lower district or districts affected thereby and also persons having an interest therein shall be made parties to the action and assessment for damages shall be the same as is provided by law for the establishment of the drainage system in the irrigation district. [1955 c 367 § 2. Formerly RCW 87.08.250.] 87.03.700 87.03.685 Exclusion of lands from district—Orders to be recorded—Effect. Upon the entry in the minutes of the board of any of the orders hereinbefore mentioned, a copy thereof, certified by the president and the secretary of the board, shall be filed for record in the offices of the county auditor and the county assessor of each county within which are situated any of the lands of the district, and thereupon said district, and said consolidated district and said reestablished district, if any, shall each be and remain an irrigation district as fully, as to every intent and purpose, as it would be had no change been made in the boundaries thereof, or had the lands excluded therefrom never constituted a portion thereof. [1921 c 129 § 43; 1889-90 p 702 § 68; RRS § 7494. Formerly RCW 87.44.230.] 87.03.685 87.03.690 Exclusion of lands from district—Guardian, executor or administrator may sign and acknowledge. A guardian, and executor or an administrator of an estate who is appointed as such under the laws of this state, and who, as such guardian, executor or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being thereto properly authorized by the proper court, sign and acknowledge the petition in this act mentioned, and may show cause, as in this act provided, why the boundaries of the district should not be changed. [1889-90 p 703 § 71; RRS § 7496. Formerly RCW 87.44.160, part.] 87.03.690 Reviser’s note: (1) "Petition in this act mentioned" apparently refers to the petition provided for in RCW 87.03.650. (2) "Show cause, as in this act provided" apparently refers to the show cause provided for in RCW 87.03.655. 87.03.705 Connecting system to lower drainage district—Negative finding by jury or court. The jury, or the court if jury be waived, shall first determine whether the lower drainage system or systems when so improved will afford a sufficient drainage and outlet for both the drainage district and irrigation district, and if it finds that it will not, the finding shall terminate the proceedings so far as the connecting with the lower drainage district or districts is concerned and the costs shall be paid as in other suits: PROVIDED, That the irrigation district may maintain said suit for the purpose of acquiring the necessary rights-of-way from the lower drainage district or districts and the landowners in said lower district or districts that will not interfere with the operation and maintenance of the drainage system in the lower district or districts. [1955 c 367 § 3. Formerly RCW 87.08.260.] 87.03.705 Guardians, etc., when land added to district: RCW 87.03.610. 87.03.710 Connecting system to lower drainage district—Affirmative finding by jury or court—Assessments. If the jury, or the court if jury be waived, finds the outlet and drainage sufficient it shall assess the damages sustained by the lands in the lower drainage district or districts by reason of the improvement, together with awards for damaging and taking lands for rights-of-way required, which shall be paid by the irrigation district in the same manner as such payments are made in establishing the system in the irrigation district, and the cost of improving the lower system or systems to the extent the improvement benefits lands in the irrigation district shall be assessed to the lands in the irrigation district as other costs of drainage improvement are assessed. [1955 c 367 § 4. Formerly RCW 87.08.270.] 87.03.710 87.03.695 Exclusion of lands from district— Refunds—Cancellation of assessments. In case of the exclusion of any lands under the provisions of this act, the board of directors shall determine what refund, if any, shall be made to any person or persons who have paid any assessments to such district on any lands so excluded, but such refund, if any, shall be on a basis equitable alike to lands remaining in the district and lands excluded therefrom. Such payment shall be made in the manner as other claims against the district, and from such fund or funds as the board of directors may designate, and which may be legally applied to such payments. The board may, in its discretion, determine what portion, if any, of the assessments remaining unpaid shall be 87.03.695 (2008 Ed.) [Title 87 RCW—page 41] 87.03.715 Title 87 RCW: Irrigation 87.03.715 87.03.715 Connecting system to lower drainage district—Increased maintenance costs. The lower district or districts may require the jury or court to determine any increased cost to it in annual maintenance of its system as improved, and judgment shall be rendered against the irrigation district in favor of the lower drainage district or districts for any amount so found, and it shall be paid annually as the cost of construction is paid, and the amount so paid shall be used by the lower drainage district or districts for maintenance. [1955 c 367 § 5. Formerly RCW 87.08.280.] 87.03.730 87.03.730 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Hearing—Failure to show cause deemed assent. At the time of hearing, or at such other time to which the hearing may be adjourned, the board of directors of the irrigation district shall hear the proposal of merger and any objections thereto. Failure to show cause shall be deemed as assent to the proposed merger. [1957 c 94 § 12. Formerly RCW 87.01.260.] 87.03.735 87.03.720 87.03.720 Merger of district with drainage, joint drainage, consolidated drainage improvement, or watersewer district—Power to assent. The board of directors of an irrigation district shall, after being notified by the legislative authority of the county or counties within which the irrigation district lies of the filing of the petition therefor, have the power to assent to the proposed merger with the irrigation district of that portion of a drainage improvement district, joint drainage improvement district, consolidated drainage improvement district, or water-sewer district within its boundaries at a hearing duly called by the board to consider the proposed merger if sufficient objections thereto have not been presented, as hereinafter provided. [1999 c 153 § 75; 1977 ex.s. c 208 § 1; 1957 c 94 § 10. Formerly RCW 87.01.240.] Part headings not law—1999 c 153: See note following RCW 57.04.050. Merger of drainage improvement district with irrigation district: RCW 85.08.830 through 85.08.890. 87.03.735 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Assent, refusal to assent—Effect of show cause against merger. The board of directors of the irrigation district, if it deems it not for the best interest of the irrigation district that the proposed merger take place, shall enter an order refusing to assent to the merger. But, if it deems it to be to the best interest of the irrigation district that the merger take place and, if twenty-five or more persons interested in the irrigation district have not shown cause in writing why the proposed merger should not take place, or, if having shown cause, withdraw the same, the board of directors of the irrigation district may enter an order assenting to the proposed merger. If twenty-five or more persons interested in the irrigation district shall show cause, as aforesaid, why the proposed merger should not take place and shall not withdraw the same, and if the irrigation district board nevertheless deems it for the best interest of the irrigation district that the proposed merger take place, the board shall adopt a resolution to that effect. [1957 c 94 § 13. Formerly RCW 87.01.270.] 87.03.725 87.03.725 Merger of district with drainage, joint drainage, consolidated drainage improvement, or watersewer district—Notice—Contents—Publication—Show cause against merger. The secretary of the board of directors shall cause a notice of the proposed merger to be posted and published in the same manner and for the same time as notice of a special election for the issue of bonds. The notice shall state that a petition has been filed with the legislative authority of the county or counties within which the irrigation districts lies by the board of supervisors of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district or by the board of commissioners of a water-sewer district requesting that the drainage improvement district, joint drainage improvement district, consolidated drainage improvement district, or water-sewer district be merged with the irrigation district or irrigation districts, the names of the petitioners and the prayer thereof, and it shall notify all persons interested in the irrigation district to appear at the office of the board at the time named in the notice, and show cause in writing why the proposed merger should not take place. The time to show cause shall be the regular meeting of the board of directors of the irrigation district next after the expiration of the time for the publication of the notice. [1999 c 153 § 76; 1977 ex.s. c 208 § 2; 1957 c 94 § 11. Formerly RCW 87.01.250.] Part headings not law—1999 c 153: See note following RCW 57.04.050. Official paper for publication: RCW 87.03.020. [Title 87 RCW—page 42] 87.03.740 87.03.740 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Election. Upon the adoption of the resolution, the board shall order an election held within the irrigation district on the question of the proposed merger and shall fix the time thereof and cause notice to be published. The notice shall be given and the election conducted in the manner as for special elections on a bond issue of the district. The ballots shall contain the words "Merger, Yes" and "Merger, No" or words equivalent thereto. [1957 c 94 § 14. Formerly RCW 87.01.280.] Bonds—Election: RCW 87.03.200. 87.03.745 87.03.745 Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Order of assent or refusal—Filing. If a majority of the votes cast at the election are against the merger, the irrigation district board shall enter an order refusing to assent to the merger. If a majority of the votes cast favor the merger, the board shall enter an order assenting to the proposed merger. A copy of the order certified by the president and secretary of the board shall be filed with the board of county commissioners or, in case the merger involves a joint drainage improvement district, with the boards of county commissioners of the counties in which the joint drainage improvement district is situated. [1957 c 94 § 15. Formerly RCW 87.01.290.] (2008 Ed.) Irrigation Districts Generally 87.03.750 Exclusion of nonirrigable land when state holds all outstanding bonds—Resolution. Whenever any irrigation district organized and existing under the laws of this state, shall have entered into a contract, or contracts, with the department of ecology, for the sale to and purchase by the department of an entire authorized issue of the bonds of the district, for the purpose of procuring funds for district purposes, including the construction of an irrigation system for the district, and the department of ecology has advanced, under such contract, or contracts, funds for such purposes, and such funds have been expended for the purposes advanced, and there are no outstanding bonds of the district other than those which the district has contracted to sell the department of ecology, and it shall appear to the satisfaction of the board of directors of the district that the irrigation system, for the construction of which such funds were advanced and expended, will not furnish sufficient water for the successful irrigation of all of the lands within the district and that the district as constituted will be unable by assessments upon the lands of the district, as provided by law, to collect sufficient funds to meet the interest payments upon and pay the bonds at maturity, the board of directors of the district shall have the power by unanimous resolution to adopt a comprehensive proposed plan for reducing the boundaries of the district, excluding therefrom such portions of the lands of the district as in the judgment of the board cannot be furnished with sufficient water for successful irrigation, and refunding to the owners of such excluded lands, respectively, any moneys paid for assessments levied by the district upon the lands excluded, and to release any such excluded lands from all unpaid assessments levied by the district, which resolution shall give the boundaries to which it is proposed to reduce the district and the description of the lands it is proposed to exclude from the district by government subdivisions, or metes and bounds. [1988 c 127 § 48; 1925 ex.s. c 138 § 1; RRS § 7505-1. Formerly RCW 87.44.250.] 87.03.750 87.03.755 Exclusion of nonirrigable land when state holds all outstanding bonds—Notice of hearing—Contents. Upon the adoption of the resolution as provided in RCW 87.03.750, the board of directors of the district shall cause to be served upon the director of the department of ecology, and to be published once a week for four successive weeks in a newspaper of general circulation in the county in which the district is situated a notice that at the time and place fixed in the notice, the board will hold a public hearing for the further consideration of the plan proposed, which notice shall set forth a copy of the resolution adopted by the board, and state that at the hearing the board will receive and consider any objections to the proposed plan and/or suggestions for modification thereof, of any person interested, and at the conclusion of the hearing, or the final adjournment thereof, the board will proceed by resolution to adopt the plan proposed, or the modification of the plan as may be determined by the board, and reduce the boundaries of the district and exclude therefrom such lands as cannot be furnished with sufficient water for successful irrigation, and provide for the repayment to the owners of the excluded lands of any assessments paid thereon, and the cancellation of all unpaid assessments against excluded lands. [1985 c 469 § 90; 1925 ex.s. c 138 § 2; RRS § 7505-2. Formerly RCW 87.44.260.] 87.03.755 (2008 Ed.) 87.03.760 87.03.760 Exclusion of nonirrigable land when state holds all outstanding bonds—Adoption of resolution— Appellate review. At the conclusion, or final adjournment, of the hearing provided for in RCW 87.03.755, the board of directors of the district shall have the power, by unanimous resolution to adopt the proposed plan, or such modification thereof as may be determined by the board, and reduce the boundaries of the district to such area as, in the judgment of the board, can be furnished with sufficient water for successful irrigation by the irrigation system of the district, and to exclude from the district all lands lying outside of such reduced boundaries, and provide for the repayment to the owners of any such excluded lands, respectively, of any sums paid for assessments levied by the district, and to cancel all unpaid assessments levied by the district against the lands excluded and release such lands from further liability therefor. Any person interested and feeling himself aggrieved by the adoption of such final resolution reducing the boundaries of the district and excluding lands therefrom, shall have a right of appeal from the action of the board to the superior court of the county in which the district is situated, which appeal may be taken in the manner provided by law for appeals from justices’ courts, and if upon the hearing of such appeal it shall be determined by the court that the irrigation system of the district will not furnish sufficient water for the successful irrigation of the lands included within the reduced boundaries of the district, or that any lands have been excluded from the district unnecessarily, arbitrarily, capriciously or fraudulently or without substantial reason for such exclusion, the court shall enter a decree canceling and setting aside the proceedings of the board of directors, otherwise the court shall enter a decree confirming the action of the board. Any party to the proceedings on appeal in the superior court, feeling himself aggrieved by the decree of the superior court confirming the action of the board of directors of the district reducing the boundaries of the district and excluding lands therefrom, may seek appellate review within thirty days after the entry of the decree of the superior court in the manner provided by law. If, at the expiration of thirty days from the entry of the final resolution of the board of directors of the district reducing the boundaries of the district and excluding lands therefrom, no appeal has been taken to the superior court of the county in which the district is situated, or if, after hearing upon appeal the superior court shall confirm the action of the district, and at the expiration of thirty days from the entry of such decree, no appellate review is sought, the boundaries of the district shall thereafter be in accordance with the resolution of the board reducing the boundaries, and all lands excluded from the district by such resolution shall be relieved from all further liability for any indebtedness of the district or any unpaid assessments theretofore levied against such lands, and the owners of excluded lands, upon which assessments have been paid, shall be entitled to warrants of the district for all sums paid by reason of such assessments, payable from a special fund created for that purpose, for which levies shall be made upon the lands remaining in the district, as the board of directors may provide. [1988 c 202 § 86; 1971 c 81 § 171; 1925 ex.s. c 138 § 3; RRS § 7505-3. Formerly RCW 87.44.270.] 87.03.760 Severability—1988 c 202: See note following RCW 2.24.050. District courts—Civil procedure—Appeals: Chapter 12.36 RCW. [Title 87 RCW—page 43] 87.03.765 Title 87 RCW: Irrigation 87.03.765 87.03.765 Exclusion of nonirrigable land when state holds all outstanding bonds—Indebtedness may be reduced. Whenever it shall appear, to the satisfaction of the director of ecology, that the irrigation system of any irrigation district, to which the department of ecology of the state of Washington under a contract with the district for the purchase of its bonds, has advanced funds for the purpose of constructing an irrigation system for the district, has been found incapable of furnishing sufficient water for the successful irrigation of all of the lands of such district, and that the board of directors of such district has reduced the boundaries thereof and excluded from the district, as provided in RCW 87.03.750 through 87.03.760, sufficient lands to render such irrigation system adequate for the successful irrigation of the lands of the district, and that more than thirty days have elapsed since the adoption of the resolution by the board of directors reducing the boundaries of the district and excluding lands therefrom, and no appeal has been taken from the action of the board, or that the action of the board has been confirmed by the superior court of the county in which the district is situated and no appeal has been taken to the supreme court or the court of appeals, or that upon review by the supreme court or the court of appeals the action of the board of directors of the district has been confirmed, the director of ecology shall be and he is hereby authorized to cancel and reduce the obligation of the district to the department of ecology, for the repayment of moneys advanced for the construction of an irrigation system for the district, to such amount as, in his judgment, the district will be able to pay from revenues derived from assessments upon the remaining lands of the district, and to accept, in payment of the balance of the obligation of the district, the authorized bonds of the district, in numerical order beginning with the lowest number, on the basis of the percentage of the face value thereof fixed in contracts between the district and the department of ecology, in an amount equal to said balance of the obligation of the district, in full and complete satisfaction of all claims of the department of ecology against the district. [1988 c 202 § 87; 1971 c 81 § 172; 1925 ex.s. c 138 § 4; RRS § 7505-4. Formerly RCW 87.44.280.] Severability—1988 c 202: See note following RCW 2.24.050. 87.03.770 87.03.770 Exclusion of nonirrigable land when state holds all outstanding bonds—Reconveyance of excluded land formerly foreclosed to district. Whenever the boundaries of any irrigation district have been reduced and lands excluded from such district, as provided in *this act, the directors of such district shall be authorized and directed to execute and deliver to the owners, respectively, of any lands excluded from the district, which have been deeded to the district for the nonpayment of assessments theretofore levied, deeds of reconveyance and quit claim of all right, title and interest of the district in such lands, respectively. [1925 ex.s. c 138 § 5; RRS § 7505-5. Formerly RCW 87.44.290.] *Reviser’s note: "This act" is codified as RCW 87.03.750 through 87.03.770. 87.03.775 87.03.775 Map of district. Said board of directors shall cause a map to be made of the irrigation districts showing each forty acres, subdivision or fraction thereof, and place the [Title 87 RCW—page 44] same on file in their office. [1895 c 165 § 28; RRS § 7495. Formerly RCW 87.08.120.] Surveys, maps and plans to be prepared: RCW 87.03.165 through 87.03.170. 87.03.780 Proceedings for judicial confirmation— Authorization. The board of directors of an irrigation district, now or hereafter organized under the provisions of this chapter, may commence a special proceeding in and by which the proceedings for organizing such district or the proceedings of said board and of said district, providing for and authorizing the issue and sale of the bonds or refunding bonds of said district whether said bonds or refunding bonds or any of them have or have not then been sold or any contract entered or proposed to be entered into by the district, or any contract made or entered into, or to be made or entered into, for the payment of moneys to the United States or the state of Washington in connection with which bonds be not deposited with the United States or the state of Washington as provided in RCW 87.03.140, may be judicially examined, approved and confirmed. There may be combined with the proceeding for the confirmation of the organization and formation of said district, either of the other confirmation proceedings above mentioned. [1931 c 60 § 6; 1921 c 129 § 45; 1917 c 162 § 17; 1915 c 179 § 27; 1889-90 p 703 § 73; RRS § 7499. Formerly RCW 87.08.190.] 87.03.780 Refunding bonds, 1929 act—Judicial confirmation: RCW 87.22.280. 87.03.785 Proceedings for judicial confirmation— Petition—Contents. The board of directors of the irrigation district shall file in the superior court of the county in which the lands of the district, or some portion thereof, are situated, a petition praying in effect, that the proceedings aforesaid may be examined, approved, and confirmed by the court. The petition shall state the facts, showing the proceedings had for the organization of said district or the proceedings had for the issue and sale of said bonds or for the issue and sale of said refunding bonds, or for the authorization of contract with the United States, or other contract described in said petition; and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of the district, or the election of said first board of directors. [1931 c 60 § 7; 1917 c 162 § 18; 1915 c 179 § 28; 1889-90 p 703 § 74; RRS § 7500. Formerly RCW 87.08.200.] 87.03.785 87.03.790 Proceedings for judicial confirmation— Notice of hearing. The court shall fix the time for the hearing of said petition, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in the same manner and for the same length of time that a notice of a special election provided for by this chapter to determine whether the bonds of said district shall be issued is required to be given and published. The notice shall state the time and place fixed for the hearing of the petition, and the prayer of the petition, and that any person interested in the organization of said district or in the proceedings for the issue or sale of said bonds or refunding bonds or for the authorization of contract with the United 87.03.790 (2008 Ed.) Irrigation Districts Generally States, or the state of Washington, or any other contract, may, on or before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and described in said notice as the petition of the board of directors of irrigation district (giving its name) praying that the proceedings for the organization of said district or the proceedings for the issue and sale of the bonds of said district or for the authorization of contract with the United States, or the state of Washington, or other contracts, may be examined, approved, and confirmed by said court. [1931 c 60 § 8; 1921 c 129 § 46; 1917 c 162 § 19; 1915 c 179 § 29; 1889-90 p 704 § 75; RRS § 7501. Formerly RCW 87.08.210.] Notice of a special election on bonds: RCW 87.03.200. Official paper for publication: RCW 87.03.020. 87.03.795 Proceedings for judicial confirmation— Demurrer or answer—Procedure. Any person interested in said district or in the issue or sale of said bonds in the issue or sale of refunding bonds or in the making of a contract with the United States or any contract referred to in said petition may demur to or answer said petition. The statutes of this state respecting the demurrer, and the answer to a verified complaint, shall be applicable to a demurrer and answer to said petition. The person so demurring to or answering said petition shall be the defendant to said special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer must, for the purposes of said special proceeding, be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the statutes of this state, which are not inconsistent with the provisions of this chapter, are applicable to the special proceeding herein provided for. A motion for a new trial must be made upon the minutes of the court. The order granting a new trial must specify the issue to be reexamined on such new trial, and the findings of the court upon the other issues shall not be affected by such order granting a new trial. [1931 c 60 § 9; 1915 c 179 § 30; 1889-90 p 704 § 76; RRS § 7502. Formerly RCW 87.08.220.] 87.03.795 Rules of court: Cf. Superior Court Civil Rules. Civil procedure: Title 4 RCW. 87.03.800 Proceedings for judicial confirmation— Jurisdiction of court—Order—Costs. Upon the hearing of such special proceedings, the court shall have full power and jurisdiction to examine and determine the legality and validity of and approve and confirm each and all of the proceedings for the organization of said district under the provisions of this chapter from and including the petition for the organization of the district, and all other proceedings which may affect the legality of the formation of said district or the legality or validity of said bonds, or refunding bonds, and the order for the sale, and the sale thereof, and all proceedings which may affect the authorization or validity of the contract with the United States, or the state of Washington, or other contract. The court, in inquiring into the regularity, legality or correctness of said proceedings, must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to said special proceedings, and it may 87.03.800 (2008 Ed.) 87.03.815 approve and confirm such proceedings, in part, and disapprove and declare illegal or invalid other or subsequent parts of the proceedings. The court shall find and determine whether the notice of the filing of said petition has been duly given and published for the time and in the manner in this chapter prescribed. The costs of the special proceedings may be allowed and apportioned between all of the parties, in the discretion of the court. [1931 c 60 § 10; 1921 c 129 § 47; 1917 c 162 § 20; 1915 c 179 § 31; 1889-90 p 705 § 77; RRS § 7503. Formerly RCW 87.08.230.] Notice of special election on bonds: RCW 87.03.200. 87.03.805 Proceedings for judicial confirmation— Appeal. An appeal from an order granting or refusing a new trial, or from the judgment, must be taken by the party aggrieved within thirty days after the entry of said order or said judgment. [1915 c 179 § 32; 1889-90 p 705 § 78; RRS § 7504. Formerly RCW 87.08.240.] 87.03.805 87.03.810 Lump sum payment to district for irrigable lands acquired for highway purposes. Whenever lands situated in an irrigation district are acquired by the department of transportation, and the lands, at the time of their acquisition by the department of transportation, were irrigable and were being served or were capable of being served by facilities of the district to the same extent and in the same manner as lands of like character held under private ownership were served, the department of transportation, as part of the cost and expense of the acquisition of rights-of-way and with funds available for the acquisition and at the time of the acquisition, shall make a lump sum payment to the irrigation district in an amount that is: (1) Sufficient to pay the pro rata share of the district’s bonded indebtedness, if any, and the pro rata share of the district’s contract indebtedness to the United States or to the state of Washington, if any, allocable to the lands, plus interest on the pro rata share if the indebtedness is not callable in advance of maturity; and (2) Further, sufficient to pay any deferred installments of local improvement district assessments against the lands, if any; and (3) Further, sufficient to produce, if invested at an annual rate of interest equivalent to that set forth in current tables issued by the state insurance commissioner, a sum of money equal to the annual increase in operation and maintenance costs against remaining lands in the district resulting from the severance from the district of the lands thus acquired by the department of transportation. For the purposes of determining the amount of the lump sum payment, the annual maintenance and operation assessment of the district shall be considered to be the average for the ten years, or so many years as the district has assessment experience if less than ten years, preceding the date of acquisition. [1984 c 7 § 380; 1959 c 303 § 1. Formerly RCW 87.01.300.] 87.03.810 Severability—1984 c 7: See note following RCW 47.01.141. 87.03.815 Lump sum payment to district for irrigable lands acquired for highway purposes—Order relieving further district assessments. Upon the department of transportation making the lump sum payment to the district 87.03.815 [Title 87 RCW—page 45] 87.03.820 Title 87 RCW: Irrigation under RCW 87.03.810, the district shall make and enter an order relieving the lands from further district assessments for the delivery of water to the lands. [1984 c 7 § 381; 1959 c 303 § 2. Formerly RCW 87.01.310.] Severability—1984 c 7: See note following RCW 47.01.141. 87.03.820 87.03.820 Disposal of real property—Right of adjacent owners. Whenever as the result of abandonment of an irrigation district right-of-way real property held by an irrigation district is to be sold or otherwise disposed of, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase at the appraised price all or any part of the real property to be sold or otherwise disposed of which adjoins or is adjacent to their land. Real property to be sold or otherwise disposed of under this section shall have been first appraised by the county assessor or by a person designated by him. Notice under this section shall be sufficient if sent by registered mail to the owner, and at the address, as shown in the tax records of the county in which the land is situated. Notice under this section shall be in addition to any other notice required by law. After sixty days from the date of sending of notice, if no applications for purchase have been received by the irrigation district or other person or entity sending notice, the rights of first refusal of owners of adjoining lands shall be deemed to have been waived, and the real property may be sold or otherwise disposed of. If two or more owners of adjoining lands apply to purchase the same real property, or apply to purchase overlapping parts of the real property, the respective rights of the applicants may be determined in the superior court of the county in which the real property is situated; and the court may divide the real property in question between some or all of the applicants or award the whole to one applicant, as justice may require. Any sale or other disposal of real property pursuant to chapters 87.52, 87.53, and 87.56 RCW shall be made in accordance with the requirements of this section. [1973 c 150 § 1; 1971 ex.s. c 125 § 2.] 87.03.825 87.03.825 Hydroelectric resources—Development— Legislative findings. The legislature finds that a significant potential exists for the development of cost-effective renewable hydroelectric resources by irrigation districts, cities, towns, and public utility districts and further finds that it is in the best interests of the state and its citizens for such entities to develop that hydroelectric generating resource cooperatively whenever possible through the use of separate legal authorities. The legislature also finds that the development of such hydroelectric resources will be beneficial in meeting the present and future energy needs of the citizens of the state, will further a state purpose and policy, and will be in the public interest. [1983 c 47 § 1.] Severability—1983 c 47: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 47 § 7.] [Title 87 RCW—page 46] 87.03.828 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts—Powers. One or more irrigation districts and any combination of cities, towns, or public utility districts may create a separate legal authority to construct, finance, acquire, own, operate, and maintain hydroelectric facilities including, but not limited to, dams, canals, plants, transmission lines, other power equipment and the necessary property and property rights therefor, located within or outside the boundaries of the entities creating the authority, for the purpose of utilizing for the generation of electricity water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, wasteways, and drainage water facilities which serve or may in the future serve irrigation districts, and to sell by contract on such terms and conditions as deemed appropriate by the legislative body of the authority the electric power and energy created by or generated at such hydroelectric facilities to municipal or quasi municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, or irrigation districts. Any authority so created shall have the same powers and only those powers granted to irrigation districts by chapter 185, Laws of 1979 ex. sess. and has such additional powers relating to its organization, right to contract in its own name, and general ability to exist and function as a separate legal authority as deemed appropriate by the entities creating it. The authority shall be created and organized by contract in the manner described in chapter 39.34 RCW and shall be a separate legal entity capable of exercising in its own name the powers granted it. No provision of chapter 39.34 RCW or any other provision of law may be interpreted to require the entities creating the authority to submit the contract creating the authority to any state, county, or municipal officer, entity, agency, or board for approval or disapproval. [1983 c 47 § 2.] 87.03.828 Severability—1983 c 47: See note following RCW 87.03.825. 87.03.831 Hydroelectric resources—Separate legal authority—Procedures for membership and for construction and acquisition of facilities. Cities, towns, and public utility districts not engaged in the generation, transmission, or distribution of electricity on April 19, 1983, may be members of a separate legal authority created under the provisions of RCW 87.03.828 without the necessity of obtaining prior approval of their voters. However, no such city, town, or public utility district member of such a separate legal authority may construct or acquire facilities for the generation, transmission, or distribution of electricity independently of the separate legal authority without complying with the election requirements applicable to each individual entity. [1983 c 47 § 4.] 87.03.831 Severability—1983 c 47: See note following RCW 87.03.825. 87.03.834 Hydroelectric resources—Separate legal authority—Voter ratification of actions. After demand made by a majority of the authority’s members, the actions of an authority shall become subject to ratification and approval by the voters of its members in accordance with procedures 87.03.834 (2008 Ed.) Irrigation Districts Generally agreed to by its members. Every contract establishing an authority shall provide appropriate procedures for ratification and approval of actions taken by the authority by the voters of its members. [1983 c 47 § 5.] Severability—1983 c 47: See note following RCW 87.03.825. 87.03.837 Hydroelectric resources—Separate legal authority—Repayment of indebtedness—Powers. A separate legal authority shall only have power to incur indebtedness that is repayable from rates, tolls, charges, or contract payments for services or electricity provided by the authority and to pledge such revenues for the payment and retirement of indebtedness issued for the construction or acquisition of hydroelectric facilities. An authority shall not have power to levy taxes or to impose assessments for the payment of obligations of the authority. Every bond or other evidence of indebtedness issued by an authority shall provide (1) that repayment shall be limited solely to the revenues of the authority, and (2) that no member of the authority shall be obligated to repay directly or indirectly any obligation of the authority except to the extent of fair value for services actually received from the authority. No member may pledge its revenues to support the issuance of revenue bonds or other indebtedness of an authority. This section shall not be construed to prohibit members of an authority from paying the necessary expenses of organizing and administering the authority and of studies performed, applications prepared, and consultants retained with regard to projects the authority is studying, developing, constructing, or operating. [1983 c 47 § 6.] 87.03.837 Severability—1983 c 47: See note following RCW 87.03.825. 87.03.840 Chapter supplementary—When. This chapter supplements and neither restricts nor limits any powers which a city, town, public utility district, or irrigation district might otherwise have under any laws of this state, except that no such authority created by RCW 87.03.828 and no city, town, or public utility district member of an authority may condemn for the benefit of the authority any plant, works, dam, facility, right, or property owned by any city, town, irrigation district, public utility district, or electrical company subject to the jurisdiction of the utilities and transportation commission. [1983 c 47 § 3.] 87.03.840 Severability—1983 c 47: See note following RCW 87.03.825. 87.03.845 Merger of minor irrigation district into major irrigation district—Proceedings to initiate— Notice—Hearing. This section and RCW 87.03.847 through 87.03.855 provide the procedures by which a minor irrigation district may be merged into a major irrigation district as authorized by RCW 87.03.530(2). To institute proceedings for such a merger, the board of directors of the minor district shall adopt a resolution requesting the board of directors of the major district to consider the merger, or proceedings for such a merger may be instituted by a petition requesting the board of directors of the major district to consider the merger, signed by ten owners of land within the minor district or five percent of the total number of landowners within the minor district, whichever is greater. However, if there are fewer than twenty owners of land 87.03.845 (2008 Ed.) 87.03.847 within the minor irrigation district, the petition shall be signed by a majority of the landowners and filed with the board of directors of the major irrigation district. For the purpose of determining the number of landowners required to initiate merger proceedings under this section, a husband and wife owning property as community property shall be considered a single landowner; two or more persons or entities holding title to property as tenants in common, joint tenants, tenants in partnership, or other form of joint ownership shall be considered a single landowner; and the petition requesting the merger shall be considered by the board of directors of the major irrigation district may be [if the petition is] signed by either the husband or wife and by any one of the co-owners of jointly owned property. The board of directors of the major irrigation district shall consider the request at the next regularly scheduled meeting of the board of directors of the major district following its receipt of the minor district’s request or at a special meeting called for the purpose of considering the request. If the board of the major district denies the request of the minor district, no further action on the request shall be taken. If the board of the major district does not deny the request, it shall conduct a public hearing on the request and shall give notice regarding the hearing. The notice shall describe the proposed merger and shall be published once a week for two consecutive weeks preceding the date of the hearing and the last publication shall be not more than seven days before the date of the hearing. The notice shall contain a statement that unless the holders of title or evidence of title to at least twenty percent of the assessed lands within the major district file a protest opposing the merger with the board of the major district at or before the hearing, the board is free to approve the request for the merger without an election being conducted in the major district on the request. If the board of the major district is considering requests from more than one minor district, the hearing shall be conducted on all such requests. [2001 c 149 § 1; 1998 c 84 § 1; 1993 c 235 § 2.] 87.03.847 87.03.847 Merger of minor irrigation district into major irrigation district—Denial or adoption of request for merger—Notice—Elections—Notification of merger. (1) If, following the public hearing conducted under RCW 87.03.845, the board of directors of the major irrigation district denies the request for a merger, no further action shall be taken on the request. If, following the public hearing, the board adopts a resolution approving the merger, the merger is approved by the major irrigation district and no election shall be held in the major district to approve the merger. However, if the holders of title or evidence of title to at least twenty percent of the assessed lands within the major district file a protest opposing the merger with the board of the major district at or before the public hearing, the board shall call a special election and submit to the voters of the major district the question of whether the merger should or should not be approved. Votes shall be cast as "Merger - Yes" or "Merger No." If such a special election must be conducted and a majority of all votes cast in the district approve the merger, the merger is approved by the major district. Such an approval is effective on the date the returns of the election are canvassed under RCW 87.03.105. [Title 87 RCW—page 47] 87.03.849 Title 87 RCW: Irrigation (2) The board of directors of the minor irrigation district shall, within thirty days of the date the merger is approved by the major district or of the date the board of the major district issues its call for a special election on the merger, call a special election within the minor district and submit to the voters of the minor district the question of whether the merger should or should not be approved. If special elections must be conducted in both districts, both elections shall be conducted on the date set by the board of the major district. If only the minor district must conduct such a special election, the election shall be held not later than sixty days after the date the merger has been approved by the board of the major district. Votes on the question shall be cast as "Merger - Yes" or "Merger - No." If a majority of all votes cast in the district are cast for "Merger - Yes," the merger is approved by the minor irrigation district. Such an approval is effective on the date the returns of the election are canvassed under RCW 87.03.105. (3) Notice of election in each district on the merger question shall conform to the requirements of notices for elections in the major district. Elections and voting in each district shall be consistent with RCW 87.03.045, 87.03.051, and 87.03.071. If the majority of all votes cast in a special election in either the major or a minor district are cast for "Merger - No," the merger is not approved. (4) If the merger is approved by the major irrigation district and by the minor irrigation district as provided by this section, the minor irrigation district is merged into the major irrigation district. If two or more minor districts are merging with a major district in one process as authorized by RCW 87.03.855 and if the merger is approved by the major irrigation district and by at least one of the minor irrigation districts as provided by this section, each minor irrigation district so approving is merged into the major irrigation district. The effective date of the merger is the date by which approval of the merger has been secured in both districts or, under RCW 87.03.855, in the major and minor district or districts. The board or boards of county commissioners of the county or counties containing territory of the merged districts and the director of the department of ecology shall be notified that the districts have merged. [1993 c 235 § 3.] 87.03.849 87.03.849 Merger of minor irrigation district into major irrigation district—Board of directors—Transfer of property and assets. The members of the board of directors of the major irrigation district shall hold office as directors of the district formed by the merger until the end of their terms of office. If the major district is divided into director divisions, the board of the major district shall propose a plan for redividing the district into divisions that reflect the boundaries of the district created by the merger and this requirement regarding the directors of the major district. If the major district is considering a merger with more than one minor district, the board shall submit plans for the various possible mergers. The proposal or proposals shall be filed with the county legislative authority before the merger is approved in the major district or the minor district or districts. Following the merger, the county legislative authority shall approve the plan submitted for the districts that actually merged. [Title 87 RCW—page 48] On the effective date of the merger, the directors of the minor district shall transfer the property and other assets of the district as required in RCW 87.03.853. Following the transfer of the property and other assets, the minor irrigation district and the office of director of the minor district shall cease to exist. The board of directors of the district formed by the merger shall have all the powers and obligations of the boards of the major and minor districts that were merged to form the district including, but not limited to, such boards’ powers and obligations for any local improvement districts created in the minor or major district under this chapter. [1993 c 235 § 4.] 87.03.851 87.03.851 Merger of minor irrigation district into major irrigation district—Bonds or obligations not impaired—Enforcement of assessments and obligations—Establishment of local improvement district to carry out obligations. (1) The merger of irrigation districts shall not affect or impair any bonds or obligations of the merged districts and the holders of the bonds of any merged district shall be entitled to all remedies for their enforcement as if the district had not been merged. All obligations incurred by the district prior to its merger shall be a prior lien to any obligation that may be incurred against the district created by the merger. However, the board of directors of the merged district may, when authorized under RCW 87.03.200 and with the consent of the bondholders, exchange the bonds of the district created by the merger for the bonds of the districts that merged. If the major or minor district entered, prior to the merger, into a contract with the United States under this chapter and the board of directors of the district created by the merger proposes that the merged district enter into a contract with the United States, the board may do so when authorized under RCW 87.03.200 and may, with the consent of the United States, cancel any contract previously entered into between the major or minor district and the United States. (2) The district created by the merger shall be entitled to all remedies for the enforcement of the irrigation district assessments and other obligations of lands to the districts that merged as if the districts had not merged. All obligations incurred for irrigation district or local improvement district purposes by the lands within the major or minor district prior to its merger shall be a prior lien to any obligation that may be incurred against those lands after the merger. (3) Until premerger assessments have been collected and all of the premerger indebtedness of the major and minor districts that merged have been paid, separate funds shall be maintained for each district as were maintained in each prior to the merger. The board of directors of the irrigation district created by the merger may establish a local improvement district for each district included in the merger to carry out the obligations of each such district. This board shall have all the powers possessed by the boards of directors of the districts included in the merger to carry out all contracts of the included districts and to levy, assess, and cause to be collected any and all assessments or charges against the lands of each of the included districts. A petition shall not be required for the formation of a local improvement district created for this purpose. [1993 c 235 § 5.] (2008 Ed.) Irrigation Districts Generally 87.03.853 Merger of minor irrigation district into major irrigation district—Statement of property and assets of minor district. Prior to or on the effective date of a merger of a minor irrigation district and a major irrigation district, the board of directors of the minor district shall cause to be prepared a statement of all property and other assets of the minor district. The statement shall be filed with the board of directors of the district created by the merger and on the effective date of the merger. The statement shall also be filed with the county auditor of the county containing the majority of the territory of the district after the merger. Upon the filing with the board, the property and other assets of the minor district shall, subject to the rights of the holders of bonds or other obligations of the minor district, become the property and other assets of the district created by the merger. [1993 c 235 § 6.] 87.03.853 87.03.855 Merger of minor irrigation district into major irrigation district—Merger of more than two districts. More than two irrigation districts may merge under RCW 87.03.530(2) and 87.03.845 through 87.03.853 in one merger process. However, only one of the districts may be a "major" irrigation district and the assessed acreage in all of the other districts merging in the process, when taken collectively, shall not constitute more than thirty percent of the combined assessed acreage of all of the merging districts. In such a case, each of these other, nonmajor districts is considered to be a "minor" irrigation district under RCW 87.03.530(2) and 87.03.845 through 87.03.853. [1993 c 235 § 7.] 87.03.855 87.03.905 assistance to respond to a breach or other failure of an irrigation water conveyance system when the required response exceeds the existing resources available to the district requesting assistance. Assistance may be provided without compensation. (2) Whenever the employees of an irrigation district are rendering outside aid pursuant to the authority contained in this section, the employees have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the irrigation district in which they are normally employed. Supervision of the employees may be temporarily delegated as provided by the mutual aid agreement. (3) The irrigation district in which any equipment is used pursuant to this section is liable for any loss or damage caused to the equipment and shall pay any ordinary expense incurred in the daily operation and maintenance of the equipment. No claim for loss, damage, or expense may be allowed unless, within sixty days after the loss, damage, or expense is sustained or incurred, an itemized notice of the claim under oath is served by mail or otherwise upon the secretary of the irrigation district where the equipment was used. [1996 c 214 § 3.] 87.03.880 87.03.880 Tariff for irrigation pumping service— Authority to buy back electricity. The board may approve a tariff for irrigation pumping service that allows the irrigation district to buy back electricity from customers to reduce electricity usage by those customers during the irrigation district’s particular irrigation season. [2001 c 122 § 6.] Effective date—2001 c 122: See note following RCW 80.28.310. 87.03.857 Merger of minor irrigation district into major irrigation district—Existing water rights not impaired. Nothing in RCW 87.03.530(2) and 87.03.845 through 87.03.855 shall authorize the impairment or operate to impair any existing water rights. [1993 c 235 § 8.] 87.03.857 87.03.860 Assumption of substandard water system—Limited immunity from liability. An irrigation district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the irrigation district has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith. [1994 c 292 § 11.] 87.03.860 87.03.900 87.03.900 Construction—1913 c 165. All irrigation districts in the state of Washington, and all proceedings had for the organization of any irrigation district, and all proceedings now pending in or relating to any irrigation district, shall be governed and controlled by the terms of this act, and this act shall not be construed as abridging or abrogating any of the rights or privileges of any irrigation district now organized, or being organized, and any contract, obligation, lien or charge, or bonds of any district, which may have been made, incurred, authorized or issued, prior to the taking effect of this act shall not be abridged or impaired by the terms of this act, but this act shall be construed as being a continuation of, and in aid of the previously existing laws relating to irrigation districts, except as to the sections specially repealed; and if in any instance relating to an existing district or any of its proceedings, the term of this amendatory act shall not be legally applicable, the district may proceed, and any contract, obligation, lien or charge against it may be enforced, under the terms and provisions of the law relating to irrigation districts in force and in effect prior to the taking effect of this act. [1913 c 165 § 23.] Findings—Intent—1994 c 292: See note following RCW 57.04.050. 87.03.905 87.03.870 Mutual aid agreements for emergency interdistrict assistance—Authority—Liability. (1) Under the interlocal cooperation act, chapter 39.34 RCW, an irrigation district may enter into a mutual aid agreement with any other irrigation district to provide emergency interdistrict 87.03.870 (2008 Ed.) 87.03.905 Severability—1921 c 129. If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole, or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1921 c 129 § 49.] [Title 87 RCW—page 49] 87.03.910 Title 87 RCW: Irrigation 87.03.910 Severability—1923 c 138. If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1923 c 138 § 14.] 87.03.910 87.03.915 Severability—1935 c 128. In case any part or portion of this act shall be held unconstitutional, such holding shall not affect the validity of this act as a whole or any other part or portion of this act not adjudged unconstitutional. [1935 c 128 § 3.] 87.03.915 Chapter 87.04 Chapter 87.04 RCW DIRECTOR DIVISIONS Sections 87.04.010 87.04.020 87.04.030 87.04.040 87.04.050 87.04.055 87.04.058 87.04.060 87.04.070 87.04.080 87.04.090 87.04.100 87.04.900 87.04.910 Divisions of certain districts required—Number—Directors— Who are electors. Director vacancies, how filled. New district to be divided by county commissioners—Objections, denial, election. Petition to divide or redivide. Redivision when number of directors changed or new lands included. Procedure for adding land to director divisions when new land included in district. Application of RCW 87.04.030 through 87.04.055 following merger of minor irrigation district into major irrigation district. Time for hearing on petition—Notice, contents. Hearing—Order of denial or rejection—Election to divide or redivide. Election of directors—Terms. Levy limitation until water received when federal works or contracts involved—Exception. Certain excess lands under federal contracts, assessment limitation—Exception. Chapter supplemental to other laws—General repealer. Severability—1939 c 13. 87.04.010 Divisions of certain districts required— Number—Directors—Who are electors. An irrigation district comprising two hundred thousand or more acres, or irrigation districts comprising less than two hundred thousand acres which have followed the optional procedure specified in *this amendatory act, shall be divided into divisions of as nearly equal area as practical, consistent with being fair and equitable to the electors of the district. The number of divisions shall be the same as the number of directors, which shall be numbered first, second, third, etc. One director, who shall be an elector of the division, shall be elected for each division of the district by the electors of his division. A district elector shall be considered an elector of the division in which he holds title to or evidence of title to land. An elector holding title to or evidence of title to land in more than one division shall be considered an elector of the division nearest his place of residence. [1961 c 192 § 1; 1939 c 13 § 1; RRS § 7505-5a.] 87.04.010 *Reviser’s note: The language "this amendatory act" refers to 1961 c 192 codified as RCW 87.04.010 through 87.04.900, 87.03.045, 87.03.080, 87.03.081, and 87.03.082. Directors—Election, terms, etc.: RCW 87.03.080 through 87.03.082. Organization of board, meetings, etc.: RCW 87.03.115. Qualifications of voters and directors: RCW 87.03.045. [Title 87 RCW—page 50] 87.04.020 Director vacancies, how filled. Vacancies in the representation of director divisions on the board of directors of the irrigation district shall be filled by appointment of an elector of the division concerned, in the same manner and for the same time as provided by law for the filling of vacancies on the board of directors of irrigation districts generally. [1961 c 192 § 2; 1939 c 13 § 2; RRS § 75055b.] 87.04.020 Directors—Vacancies, how filled: RCW 87.03.081. 87.04.030 New district to be divided by county commissioners—Objections, denial, election. When a new irrigation district comprising more than two hundred thousand acres has been authorized, pursuant to law, the board of county commissioners shall, within thirty days from the canvassing of the returns, divide the district into director divisions equal to the number of directors, and in the resolution organizing the district, they shall include an order designating the director divisions and describing the boundaries thereof. When a petition for the formation of a new irrigation district comprising less than two hundred thousand acres has been filed pursuant to law and said petition includes a request that the district be divided into director divisions, the board of county commissioners shall divide the district into director divisions as provided in this section unless objections to director divisions are made at the hearing held pursuant to RCW 87.03.020; and in the event objections to director divisions are made and not withdrawn, the board of county commissioners may deny the request for director divisions or if it determines that it is to the best interests of the district that director divisions be established, it may, in its order calling an election for organization of the district, include a separate proposition on the question of director divisions; and if a majority of the votes cast on said proposition are in favor of director divisions, then the resolution organizing the district shall include an order designating the director divisions and describing the boundaries thereof. [1961 c 192 § 3; 1939 c 13 § 3; RRS § 7505-5c.] 87.04.030 87.04.040 Petition to divide or redivide. Proceedings to divide or redivide a district comprising less than two hundred thousand acres into director divisions, or to redivide the director divisions heretofore established for districts comprising more than two hundred thousand acres, may be initiated by a petition filed with the county commissioners of the county in which the principal office of the district is situated. The petition shall designate the name of the district and pray that it be divided into director divisions, or that existing director divisions be redivided, and shall be signed by at least two-thirds of the directors of the district or in lieu thereof by at least twenty electors of the district. A petition to divide or redivide a district shall not be filed more than once in each five-year period except for redivisions necessitated by reason of a change in the total number of directors of the district. [1961 c 192 § 4; 1939 c 13 § 4; RRS § 7505-5d.] 87.04.040 87.04.050 Redivision when number of directors changed or new lands included. If the number of directors is changed for a district which is divided into director divisions or new lands outside of existing director divisions are 87.04.050 (2008 Ed.) Director Divisions included into a district but cannot be added to director divisions as provided in RCW 87.04.055 due to geographic limitations, a petition for redivision or addition shall be filed with the board of county commissioners by the directors of the district and all proceedings thereon shall be conducted in the manner as provided in RCW 87.04.060 and 87.04.070: PROVIDED, That even if objections are filed at the hearing on said petition, no election shall be held but the board of county commissioners shall make such division or addition that they determine to be fair and equitable to the electors of the district. [1967 c 205 § 1; 1961 c 192 § 5; 1939 c 13 § 7; RRS § 7505-5g.] 87.04.055 Procedure for adding land to director divisions when new land included in district. When land located outside existing director divisions is included in an irrigation district such land shall thereby be added to the nearest director division, except that where added lands are adjacent to two or more director divisions, the common boundary lines between the divisions shall be extended in a straight line so as to include the new lands in such divisions: PROVIDED, That where the provisions of this section cannot be applied due to geographic limitations, the procedures provided for in RCW 87.04.050 shall apply. [1967 c 205 § 2.] 87.04.055 87.04.058 Application of RCW 87.04.030 through 87.04.055 following merger of minor irrigation district into major irrigation district. RCW 87.04.030 through 87.04.055 do not apply to redividing a district immediately following a merger as provided in RCW 87.03.849. [1993 c 235 § 9.] 87.04.058 87.04.060 Time for hearing on petition—Notice, contents. Upon the filing of the petition the board of county commissioners shall fix a time and place for hearing thereon, which shall be not less than thirty days nor more than forty-five days from the date of filing, and shall cause notice thereof, stating the time, place, and general purpose of the hearing, to be published in a newspaper of general circulation in each county in which any of the lands of the district are situated, in at least three consecutive weekly issues; if there is no such newspaper published in a county, then in a newspaper of general circulation therein, designated by the county commissioner. The notice shall state the filing of the petition and its prayer, but need not describe with particularity the boundaries of the divisions recommended in the petition, and shall notify all electors of the district to appear at the time and place named in the notice to show cause, if any they have, why the district should not be divided or redivided into director divisions. [1961 c 192 § 6; 1939 c 13 § 5; RRS § 75055e.] 87.04.060 Official paper for publication: RCW 87.03.020. 87.04.070 Hearing—Order of denial or rejection— Election to divide or redivide. At the hearing or adjournments thereof, which shall not be for more than sixty days in all, the board of county commissioners shall consider the petition and shall hear electors of the district for or against the division or redivision of director divisions and recommendations for the manner in which division should be made. If the 87.04.070 (2008 Ed.) 87.04.080 board deems it against the best interests of the district to divide the district into director divisions or to redivide existing divisions, it shall order the petition rejected, but if it deems it for the best interests of the district that the petition be granted, and if no elector of the district files cause in writing at said hearing why the petition should not be granted, or if having filed said cause in writing withdraws the same, the board shall enter an order dividing or redividing the district into the same number of director divisions as there are directors of the district, and designating the divisions and describing the boundaries thereof. The division to be made shall be such as the commissioners consider fair and equitable to the electors of the district. A copy of the commissioners’ order shall be filed for record, without charge, with the auditor of each county in which any part of the district is situated, and thereafter the directors shall be elected or appointed as provided in this chapter. If any elector shall appear in person at said hearing and shall file cause in writing as aforesaid why the petition should not be granted and shall not withdraw the same, and if the board nevertheless deems it for the best interests of the district that the petition be granted, the board shall adopt a resolution to that effect and shall order an election held within the district on whether the district should be divided into director divisions or its existing director divisions be redivided, and shall fix the time thereof and cause notice to be published. The notice shall be given and the election conducted in the manner as for special elections on a bond issue of the district. The notice shall state the general plan of division or redivision but need not describe with particularity the boundaries of the proposed division or redivision. Such boundaries shall be described on the ballot. If the majority of votes cast at the election are in favor of dividing or redividing the district into director divisions, the board of county commissioners shall enter an order dividing or redividing the district into the same number of director divisions as there are directors of the district, and designating the divisions and designating the boundaries thereof. If a majority of the votes cast are against division or redivision into director districts, the board shall order the petition denied. [1961 c 192 § 7; 1939 c 13 § 6; RRS § 7505-5f.] 87.04.080 Election of directors—Terms. At the next general election of directors of a district which has been divided into director divisions, the electors of the first division shall select the director then to be elected on the board, and if more than one director is to be selected, the second division shall select one, and so on in numerical order, until, as the terms of incumbent directors expire, all the divisions are represented on the board, and thereafter directors shall be elected from the divisions in rotation, as their respective terms of office expire: PROVIDED, That if following the numerical order of director divisions will result in any year in one division having more than one director and one division having no director, then the numerical order of the divisions shall not be followed for the year or years in question but the electors of the next highest numbered division without representation on the board of directors shall select the director then to be elected on the board. If such a district is organized but has not yet held an annual election of officers, it shall, at its next annual election, select directors for three, two and one-year terms respectively, and if the district is managed by 87.04.080 [Title 87 RCW—page 51] 87.04.090 Title 87 RCW: Irrigation a board of three directors, the first division shall select a director for the three-year term, the second division shall select one for the two-year term, and the third division shall select one for the one-year term, and thereafter their successors shall be elected for three-year terms, respectively. If the district has five directors, the first and second divisions shall each select a director for the three-year term, the third and fourth divisions shall each select one for the two-year term, and the fifth division shall select one for the one-year term, and thereafter their successors shall be elected for three-year terms respectively. If the district has seven directors, the first, second and third divisions shall each select a director for the three-year term, the fourth and fifth divisions shall each select a director for the two-year term, and the sixth and seventh divisions shall each select a director for the one-year term, and thereafter their successors shall be elected for three-year terms respectively. [1961 c 192 § 8; 1939 c 13 § 8; RRS § 7505-5h.] 87.04.910 Severability—1939 c 13. Each section and provision of this chapter shall be considered separable from every other section and provision of the chapter, and should any section or provision thereof be held unconstitutional, the unconstitutionality of such section or provision shall not affect or impair the validity of the remainder of the chapter but in that event the unconstitutional section or provision shall be eliminated and the remainder of the chapter remain in full force and effect. [1939 c 13 § 12; RRS § 7505-5l.] Ballots, declaration of candidacy, nominating petitions: RCW 87.03.075. 87.06.050 87.06.060 Elections are governed by irrigation district laws: RCW 87.03.030. 87.04.090 87.04.090 Levy limitation until water received when federal works or contracts involved—Exception. Lands in a district so divided into director divisions, which are to receive water from a system of works to be constructed by the federal government or under a contract between the district and the federal government shall not be assessed more than five cents an acre in any one calendar year until the secretary of the interior announces that water is ready for delivery to the land: PROVIDED, That this section shall not be applicable to districts comprising less than two hundred thousand acres. [1969 ex.s. c 93 § 1; 1961 c 192 § 9; 1939 c 13 § 9; RRS § 7505-5i.] Assessment: RCW 87.03.240 through 87.03.305. Board’s powers and duties (contracts with state or United States): RCW 87.03.140. 87.04.100 87.04.100 Certain excess lands under federal contracts, assessment limitation—Exception. Lands in such a district, which are designated as excess lands under the act of congress of May 27, 1937, and which have been subscribed by the owner thereof to the excess land contract, shall not be assessed more than above specified until after the date fixed in the contract for the sale of such excess lands, unless they have been sooner sold or the owner has sooner called for water thereon: PROVIDED, That this section shall not be applicable to districts comprising less than two hundred thousand acres. [1961 c 192 § 10; 1939 c 13 § 10; RRS § 75055j.] Assessments: RCW 87.03.240 through 87.03.305. 87.04.900 87.04.900 Chapter supplemental to other laws— General repealer. This chapter is intended, and shall be construed, to be supplemental to and shall become a part of the law relating to irrigation districts, and any act or part of the same inconsistent or in conflict with the provisions of this act or any part thereof are hereby repealed. [1961 c 192 § 11; 1939 c 13 § 11; RRS § 7505-5k.] [Title 87 RCW—page 52] 87.04.910 Chapter 87.06 Chapter 87.06 RCW DELINQUENT ASSESSMENTS Sections 87.06.010 87.06.020 87.06.030 87.06.040 87.06.070 87.06.080 87.06.090 87.06.100 87.06.110 87.06.120 Definitions. Certificates of delinquency—Posting of certificates. Title search to verify legal description of property—Determination not to foreclose. Commencement of action to foreclose assessment liens— Notice and summons—Recording of notice of lis pendens. Payment on certificate of delinquency before foreclosure. Combining foreclosure proceedings—Irregularities or informalities in assessment role not illegal—Correction—Interested party may file written answer—Court’s proceedings. Sale of foreclosed property. Notice of foreclosure sale—Conduct of sale—Remittal of excess moneys. Treasurer’s deed—Title free from certain encumbrances. Required payments before acquisition at foreclosure sale— Acquisition by irrigation district—District’s property stricken from tax rolls—Subsequent purchasers to pay assessments. Combined foreclosure for district and county assessments. Application of chapter to properties with assessments delinquent three or more years or acquired by the district under possibly legally defective proceedings. Lien of assessment: RCW 87.03.265. 87.06.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Date of delinquency" means the date when the assessment first became delinquent under chapter 87.03 RCW. (2) "Description of property" means a legal description, the parcel number, tax number, or other description that sufficiently describes the property or specific parcel of land. (3) "Minimum bid sheet" means the informational sheet which is prepared by the treasurer for use at the treasurer’s sale and which contains a description of the various properties and the minimum bid required for each. (4) "Party in interest" means an occupant of the property, the owner of record, and any other person having a financial interest of record in the property. (5) "Treasurer" means the irrigation district treasurer. However, if the county treasurer acts as ex officio district treasurer in accordance with RCW 87.03.440, then "treasurer" means the county treasurer. [1988 c 134 § 1.] 87.06.010 87.06.020 Certificates of delinquency—Posting of certificates. (1) After thirty-six calendar months from the month of the date of delinquency, the treasurer shall prepare certificates of delinquency on the property for the unpaid irrigation district assessments, and for costs and interest. An individual certificate of delinquency may be prepared for each property or the individual certificates may be compiled 87.06.020 (2008 Ed.) Delinquent Assessments and issued in one general certificate including all delinquent properties. Each certificate shall contain the following information: (a) Description of the property assessed; (b) Street address of property, if available; (c) Years for which assessed; (d) Amount of delinquent assessments, costs, and interest; (e) Name appearing on the treasurer’s most current assessment roll for the property; and (f) A statement that interest will be charged on the amount listed in (d) of this subsection at a rate of twelve percent per year, computed monthly and without compounding, from the date of the issuance of the certificate and that additional costs, incurred as a result of the delinquency, will be imposed, including the costs of a title search; (2) The treasurer may provide for the posting of the certificates or other measures designed to advertise the certificates and encourage the payment of the amounts due. [1988 c 134 § 2.] 87.06.030 Title search to verify legal description of property—Determination not to foreclose. The treasurer shall order a title search of the property for which a certificate of delinquency has been prepared to determine or verify the legal description of the property to be sold and parties in interest. In districts with two hundred thousand acres or more, the board of directors, upon receiving the certificates of delinquency may, after reviewing the amount of delinquent assessment compared to the costs of foreclosure, including but not limited to title search, court filing fees, costs of service, and attorneys’ fees, determine that it is not in the best interest of the district to commence legal action to foreclose the delinquent assessment liens. [2004 c 215 § 4; 1988 c 134 § 3.] 87.06.030 87.06.040 Commencement of action to foreclose assessment liens—Notice and summons—Recording of notice of lis pendens. (1) After the completion of the title searches, the treasurer, in the name of the irrigation district, shall commence legal action to foreclose on the assessment liens. The treasurer shall give notice of application for judgment foreclosing assessment liens and summons to all parties in interest as disclosed by the title search. The treasurer may include in any notice any number of separate properties. Such notice and summons shall contain: (a) A statement that the irrigation district is applying to superior court of the county in which the property is located for a judgment foreclosing the lien against the property for delinquent assessments, costs, and interest; (b) The full name of the superior court in which the district is applying for the judgment; and for each property: The description of the property, the local street address (if any), and the name of each party in interest; (c) A description of the lien amount due, which shall include the amount listed in RCW 87.06.020(1)(d), plus any costs and interest accruing since the date of preparation of the certificate of delinquency; (d) A direction to each party in interest summoning the party to appear within sixty days after service of the notice 87.06.040 (2008 Ed.) 87.06.060 and summons, exclusive of the day of the service, and defend the action or pay the lien amount due; and when service is made by publication, a direction summoning each party to appear within sixty days after the date of the first publication of the notice and summons, exclusive of the day of first publication, and defend the action or pay the amount due; (e) A notice that, in case of failure to defend or pay the amount due, judgment will be rendered foreclosing the lien of the assessments, costs, and interest against the property; and (f) The date, time, and place of the foreclosure sale as specified in the application for judgment. (2) The treasurer shall record in the office of the auditor of the county in which the property is located a notice of lis pendens before commencing the service of the notice and summons. (3) The notice and summons shall be served in a manner reasonably calculated to inform each party in interest of the foreclosure action. At a minimum, service shall be accomplished by either (a) personal service upon a party in interest, or (b) publication once in a newspaper of general circulation that is circulated in the area in which the property is located and mailing of notice by certified mail to the party in interest. (4) It shall be the duty of the treasurer to mail a copy of the notice and summons, within fifteen days after the first publication or service thereof, to the treasurer of each county, city, or town within which any property involved in an assessment foreclosure is situated, but the treasurer’s failure to do so shall not affect the jurisdiction of the court nor the priority of any assessment lien sought to be foreclosed. [1988 c 134 § 4.] 87.06.050 Payment on certificate of delinquency before foreclosure. (1) Any party in interest of property for which a certificate of delinquency has been prepared, but against which a foreclosure judgment has not been entered, may pay to the treasurer, in person or by agent, the total amount of the assessment lien, as listed under RCW 87.06.020(1)(d), plus any additional costs and interest, including any title search costs. If a foreclosure judgment has been entered, then any party in interest may pay to the treasurer, in person or by agent, the lien amount for which the judgment has been rendered, so long as payment is received by the treasurer during regular business hours before the day of the foreclosure sale. The treasurer shall give a receipt for each payment received under this subsection. (2) Upon receipt of payment under this section, the district shall abandon any foreclosure proceedings commenced against the property. If a notice of lis pendens has been filed with the county auditor, the treasurer shall record a release of lis pendens with the auditor. [1988 c 134 § 5.] 87.06.050 87.06.060 Combining foreclosure proceedings— Irregularities or informalities in assessment role not illegal—Correction—Interested party may file written answer—Court’s proceedings. (1) The proceedings to foreclose the liens against all properties on a general certificate of delinquency or on more than one individual certificate may be brought in one action. (2) No assessment, costs, or interest may be considered illegal because of any irregularity in the assessment roll or 87.06.060 [Title 87 RCW—page 53] 87.06.070 Title 87 RCW: Irrigation because the assessment roll has not been made, completed, or returned within the time required by law, or because the property has been charged or listed in the assessment roll without name, or in any other name than that of the owner, and no error or informality in the proceedings of any of the officers connected with the assessment may invalidate or in any other manner affect the assessment thereof. Any irregularities or informality in the assessment roll or in any of the proceedings connected with the assessment or any omission or defective act of any officer or officers connected with the assessment may be, at the discretion of the court corrected, supplied, and made to conform to the law by the court. This subsection does not apply if the court finds that the failure to conform to the law unfairly prejudices a party with an interest in the property. (3) A party with an interest in real property subject to foreclosure within the district may file a written answer within the time permitted by RCW 87.06.040(1)(d) asserting an objection or defense to the entry of a foreclosure judgment against the property. However, defenses or objections shall be limited to: (a) The form of pleading; (b) manner of service; (c) invalidity of the assessments claimed delinquent; (d) payment of the assessments claimed delinquent; or (e) that the real property against which foreclosure is sought is not subject to district assessment. No counterclaim shall be permitted. The court shall liberally permit amendment or supplementation of the district’s challenged pleading or procedure to cure the claimed defect. (4) The court shall determine timely objections or defenses to the district’s foreclosure in a summary proceeding based only on the district’s pleading and the interested party’s answer and shall promptly pronounce judgment granting or denying the foreclosure; or the court may, in its discretion, to provide substantial justice to the parties, continue the case to a later time to hear evidence on the issues raised by the answer. Hearings under this section shall be limited to affidavits or declarations, and shall be expedited. [2004 c 215 § 5; 1988 c 134 § 6.] 87.06.070 87.06.070 Sale of foreclosed property. (1) If the court renders a judgment of foreclosure, the court shall direct the treasurer to proceed with the sale of the property and shall specify the minimum sale price below which the property is not to be sold. (2) The treasurer shall sell the property to the highest and best bidder. All sales shall be made on Friday between the hours of nine a.m. and five p.m. at a location designated by the treasurer. However, sales not concluded on Friday shall be continued from day to day, Saturdays, Sundays, and holidays excluded, during the same hours until all properties are sold. [1988 c 134 § 7.] sale, the notice in any daily or weekly legal newspaper of general circulation in the district. (2) The notice shall be in substantially the following form: IRRIGATION ASSESSMENT JUDGMENT SALE Public notice is hereby given that pursuant to judgment, rendered on . . . . . ., of the superior court of the county of . . . . . . in the state of Washington, that I shall sell the property described below, at a foreclosure sale beginning at . . . . . . (time), on . . . . . . (date), at . . . . . . (location), in the city of . . . . . . . . . . ., and county of . . . . . . . . . . ., state of Washington. This sale is made in order to pay for delinquent assessments, costs, and interest owed to . . . . . . . . . . . The property will be sold to the highest and best bidder but bids will not be accepted for less than the minimum sale price set by the superior court. The minimum sale price is listed on the bid sheet, a copy of which is provided at the treasurer’s office. Payment must be made at time of sale and must be by cash, bank cashier’s check, or a negotiable instrument of equivalent security. Description of property: . . . . . . . . . . . . . . . . . . . . . . . . Interested parties and members of the public are invited to participate in this sale. This sale will not take place if by . . . . . . (time), on . . . . . . (date), the amount due . . . ., is paid in the manner specified by law. ............................... Treasurer for . . . . . . . . . . . . . . . . . . . . Irrigation District Date signed: . . . . . . . . . . . . . . . . . . . . (3) The treasurer shall conduct the sale in conformance with the notice and this chapter. If the sale is conducted by the county treasurer, no county or district officer or employee may directly or indirectly be a purchaser. If the irrigation district treasurer conducts the sale, no officer or employee of the district may directly or indirectly be a purchaser. (4) If the bid amount paid for the property is in excess of the lien amount for which the judgment has been rendered, plus any additional assessments, costs, and interest which have become due after the date of preparation of the certificate of delinquency and before the date of sale, then the excess shall be remitted, on application therefor, to the record owner of the property. The record owner of the property is the person who held title on the date of issuance of the certificate of delinquency. Assignments of interests, deeds, or other documents executed or recorded after filing the certificate of delinquency shall not affect the payment of excess funds to the record owner. If no claim for the excess is received by the treasurer within three years after the date of the sale, the treasurer, at expiration of the three-year period, shall deposit the excess in the current expense fund of the district. [2007 c 63 § 1; 1988 c 134 § 8.] 87.06.080 87.06.080 Notice of foreclosure sale—Conduct of sale—Remittal of excess moneys. (1) The treasurer shall post notice of the foreclosure sale, at least ten days before the sale, at the following locations: At the courthouse of the county in which the property is located, at the district office, and at a public place in the district. The treasurer shall also publish, at least once and not fewer than ten days before the [Title 87 RCW—page 54] 87.06.090 Treasurer’s deed—Title free from certain encumbrances. (1) The treasurer shall execute a treasurer’s deed to any person who purchases property at the foreclosure sale. The deed shall vest title to the property therein described, without further acknowledgment or evidence of such conveyance, in the grantee or his or her heirs and 87.06.090 (2008 Ed.) Delinquent Assessments assigns. The treasurer’s deed shall be substantially in the following form: TREASURER’S DEED State of Washington County of . . . . . . This indenture, made this . . . . . . day of . . . . . . . . . . ., . . . . . . . . . . ., between . . . . . . . . . . ., as treasurer of . . . . . . . . . . . irrigation district, state of Washington, party of the first part, and . . . . . . . . . . ., party of the second part: Witnesseth, that whereas, at the public sale of real property held on the . . . . . . day of . . . . . . . . . . ., . . . . . . . . . . ., pursuant to an irrigation assessment judgment entered in the superior court in the county of . . . . . . . . . . . on the . . . . . . . . . . . day of . . . . . . . . . . ., . . . . . ., in proceedings to foreclose assessment liens upon real property and an order of sale duly issued by the court, . . . . . . . . . . . duly purchased in compliance with the laws of the state of Washington, for and in consideration of the sum of . . . . . . . . . . . dollars the following described real property, to wit: (Here place description of real property conveyed) and that . . . . . . . . . . . has complied with the laws of the state of Washington necessary to entitle (him, her, or them) to a deed for the real property. Now, therefore know ye, that, I . . . . . . . . . . ., treasurer of said irrigation district of . . . . . . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases provided, do hereby grant and convey unto . . . . . . . . . . ., his or her heirs and assigns, forever, the real property hereinbefore described, as fully and completely as said party of the first part can by virtue of the premises convey the same. Given under my hand and seal of office this . . . . . . day of . . . . . . . . . . ., A.D. . . . . . . . . . . . ...................................... Treasurer for . . . . . . . . . . . . . . . . . . . . . . . . . . . Irrigation District (2) The title shall be free from all encumbrances except for the following taxes and assessments if they are not due at the time of the foreclosure sale: Property taxes, drainage or diking district assessments, drainage or diking improvement district assessments, mosquito district assessments, and irrigation district assessments. [1994 c 24 § 1; 1988 c 134 § 9.] 87.06.100 Required payments before acquisition at foreclosure sale—Acquisition by irrigation district—District’s property stricken from tax rolls—Subsequent purchasers to pay assessments. (1) Prior to the treasurer executing and conveying the deed, all persons or entities acquiring property at the foreclosure sale shall be required to pay the full amount of all assessments, costs, and interest for which judgment is rendered; and the full amount of the following if due at the time of the foreclosure sale: Property taxes, drainage or diking district assessments, drainage or diking district improvement assessments, irrigation district assessments, and costs and interests relating to such taxes or assessments. This subsection does not apply to the irrigation district’s acquisition of property. (2) At all sales of property, if no other bids are received, title to the property shall vest in the irrigation district and the district shall pay to the county any costs that may have been 87.06.100 (2008 Ed.) 87.06.120 incurred by the county under this chapter for the foreclosure action. The district’s acquisition of the title shall be as absolute as if the property had been purchased by an individual under the provisions of this chapter. The deed provided for in RCW 87.06.090 shall be conveyed to the irrigation district. (3) All property deeded to the district under the provisions of this chapter shall be stricken from the tax rolls as district property and exempt from taxation and shall not be taxed while property of the district. (4) If the irrigation district sells any property it has acquired under this chapter, then it shall not provide a deed to the purchaser until the purchaser pays all drainage or diking district assessments, drainage or diking improvement district assessments, irrigation district assessments, property taxes, costs, and interest that were due at the time the irrigation district acquired title to the property. [1988 c 134 § 10.] 87.06.110 87.06.110 Combined foreclosure for district and county assessments. The board of directors of the irrigation district and the county treasurer may through the interlocal cooperation agreement act, chapter 39.34 RCW, choose to have one of the treasurers proceed with a combined foreclosure for all property taxes, irrigation assessments, and all costs and interest owing to both entities. Any such agreement shall include a specific statement as to which entity shall assume title if no bids are received equal to or greater than the amount listed on the minimum bid sheet. The agreement shall also clearly specify how any unclaimed excess funds from the sale will be divided between the county and the irrigation district. With a combined foreclosure for all property taxes, all irrigation district assessments, and all costs and interest owing to both entities, the county treasurer may use the foreclosure procedure under chapter 84.64 RCW or the irrigation district treasurer may use the foreclosure procedure under this chapter. When acting as the treasurer for the irrigation district, the county treasurer may use the foreclosure procedure under chapter 84.64 RCW. [2004 c 215 § 6; 1988 c 134 § 11.] 87.06.120 87.06.120 Application of chapter to properties with assessments delinquent three or more years or acquired by the district under possibly legally defective proceedings. (1) Except as provided in subsection (2) of this section, certificates of delinquency shall also be issued, and foreclosure proceedings instituted under this chapter, for properties for which assessments have been delinquent for a period of three or more years, if all or part of such period occurred before June 9, 1988. If foreclosure actions have been commenced but not completed under the law as it existed prior to June 9, 1988, the district shall abandon such actions and proceed against such properties under this chapter. (2) Certificates of delinquency shall not be issued under this chapter for properties that have been sold (other than to the irrigation district) under foreclosure proceedings which occurred prior to June 9, 1988. This section does not apply to any foreclosure sale declared to be invalid by a court of competent jurisdiction or if district assessments again become delinquent after the date of sale. [Title 87 RCW—page 55] Chapter 87.19 Title 87 RCW: Irrigation (3) A certificate of delinquency may be issued, and foreclosure proceedings instituted, under this chapter for property acquired by an irrigation district under foreclosure proceedings which occurred prior to June 9, 1988, and which the district believes might be legally defective. "Acquired" as used in this subsection also includes the district’s obtaining a certificate of sale under such foreclosure proceedings. [1988 c 134 § 12.] Chapter 87.19 Chapter 87.19 RCW REFUNDING BONDS—1923 ACT Sections 87.19.005 87.19.010 87.19.020 87.19.030 87.19.040 87.19.050 Method not exclusive. Refunding bonds authorized—Election. Notice and conduct of election. Form of bonds, interest, maturity, etc. Bonds to be refunded in series. Refunding bonds may be exchanged or sold—Record. 87.19.005 Method not exclusive. In addition to any other method of refunding irrigation district bonds authorized by law, bonds heretofore or hereafter issued by any irrigation district in this state may be refunded in whole or in part in the manner hereinafter provided. [1933 ex.s. c 11 § 1; 1923 c 161 § 1; RRS § 7434-1. Formerly RCW 87.19.060.] 87.19.005 Validation—1933 ex.s. c 11: "Any and all proceedings heretofore had and any and all bonds heretofore authorized and issued to redeem or to refund unmatured bonds under the provisions of chapter 161, Laws of 1923, as amended by chapter 259, Laws of 1927, but without the unanimous consent of the holders of unmatured bonds to be refunded, are hereby validated and confirmed." [1933 ex.s. c 11 § 4.] 87.19.010 Refunding bonds authorized—Election. Whenever the board of directors of any irrigation district shall deem it for the best interest of said district that any or all outstanding bonds of said district be refunded, they shall so declare by resolution duly adopted and recorded in the minutes of said board and shall, with the written approval of the state director of the department of ecology, submit the question to the legally qualified electors of said district at a general election or at a special election called for that purpose and if a majority of said electors voting at said election vote in favor thereof the directors of said district shall issue and exchange said bonds for those outstanding, or sell said bonds and retire said outstanding bonds. The bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 227; 1923 c 161 § 2; RRS § 7434-2.] 87.19.010 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.19.030 Form of bonds, interest, maturity, etc. (1) Said bonds shall be issued in series and in denominations of not less than one hundred dollars nor more than one thousand dollars. The first series shall mature not later than ten years and the last series not later than forty years. Each series shall be numbered from one, up consecutively, shall bear the date of their issue, and shall bear interest at any rate or rates as authorized by the board of directors of said district, payable semiannually on the first day of January and July of each year, and the principal and interest may be made payable at the office of the county treasurer of the county in which the office of the board of directors is situated, or at any fiscal agency of the state of Washington. Said bonds shall be negotiable in form and the bonds shall be signed by the president and secretary of the board of directors of said district and the seal of said district, affixed. The signatures of the president and secretary may, however, appear by lithographic facsimile. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 228; 1970 ex.s. c 56 § 96; 1969 ex.s. c 232 § 55; 1923 c 161 § 3; RRS § 7434-3.] 87.19.030 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. Facsimile signatures: RCW 39.44.100. 87.19.040 Bonds to be refunded in series. Where the bonds to be refunded are serial bonds and not subject to call, the refunding bonds or any part of the same may be issued in such series as the board of directors of the district shall deem necessary to take up the series or any part thereof to be refunded, and shall be dated as of the maturity of the series or any part of the same to be refunded. The election aforesaid shall be sufficient authority for the directors to issue sufficient bonds to retire the entire outstanding issue of bonds to be refunded, but none of said refunding bonds shall be signed before the date of their issue, and until signed shall be deposited and kept in the office of the county treasurer; with the consent of the holders of all or any portion of the outstanding bonds of any issue the directors may retire all or any portion of such bonds before their maturity and may issue refunding bonds for that purpose. [1933 ex.s. c 11 § 3; 1927 c 259 § 2; 1923 c 161 § 5; RRS § 7434-5.] 87.19.040 87.19.050 Refunding bonds may be exchanged or sold—Record. Bonds issued under and by virtue of this chapter may be exchanged for outstanding bonds at not less than the par value of the bonds refunded or may be sold at not less than ninety percent of their par value, and all money derived from the sale of such bonds shall be applied to the redemption of any or all of the outstanding bonds of said district to be refunded and any such outstanding bonds so refunded shall be endorsed in red ink "Refunded Bonds" and filed and preserved for one year and then destroyed by the county treasurer in the presence of witnesses: and the secretary of said district and the county treasurer of said county shall keep a record of such bonds so refunded and shall note 87.19.050 87.19.020 Notice and conduct of election. The notice of election provided for in this chapter shall be given and the election held in all respects in accordance with RCW 87.03.200, except in each county with a population of one hundred twenty-five thousand or more, where the notice and election shall be held in the manner provided by law for such counties. [1991 c 363 § 160; 1923 c 161 § 6; RRS § 7434-6.] 87.19.020 Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Elections by lesser constituencies—Special elections: RCW 29A.04.330. Times for holding elections and primaries: RCW 29A.04.311 through 29A.04.330. [Title 87 RCW—page 56] (2008 Ed.) Refunding Bonds—1929 Act the date of the refunding and the date of the destruction of the refunded bonds and in whose presence they were destroyed. [1933 ex.s. c 11 § 2; 1923 c 161 § 4; RRS § 7434-4.] 87.22.050 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.22.030 Chapter 87.22 Chapter 87.22 RCW REFUNDING BONDS—1929 ACT Sections 87.22.010 87.22.020 87.22.030 87.22.040 87.22.050 87.22.060 87.22.065 87.22.070 87.22.080 87.22.085 87.22.090 87.22.100 87.22.105 87.22.110 87.22.120 87.22.125 87.22.130 87.22.140 87.22.145 87.22.150 87.22.160 87.22.165 87.22.170 87.22.175 87.22.190 87.22.200 87.22.210 87.22.215 87.22.230 87.22.240 87.22.245 87.22.250 87.22.260 87.22.270 87.22.275 87.22.280 87.22.900 87.22.910 Refunding authorized. When proceedings may be instituted. Petition—Contents. Schedule of maximum benefits. Hearing, time and place of. Notice—Service. Notice—Contents. Hearing—Decree. Benefits, how determined—Dismissal—Continuance— Waiver. Irrigable acreage, how determined. Appellate review. Final judgment conclusive. Final judgment conclusive—Exception. Transcript to other counties. Election—Question to electors. Election—Procedure. Election—Notice, contents. Election—Majority vote affirmative, procedure. Exchange of bonds. Form of bonds—Manner of payment—Interest rate. Interest on unpaid bond installments—When payable. Bond payments, where payable. Bond contents—Transferability—Priority. Bonds—Signature—Registration book. Transfer on registration book required. Bonds of equal priority. Payment to record owner. Payment to agent. Assessments—Limitations. Assessments—Methods of payment. Assessments—Receipts. Assessments—Payment in money only. Sale or lease of foreclosed land—Disposition of proceeds. Excess in bond fund—Apportionment. Rights of bond owners—Lien of bonds—Manner of payment. Judicial confirmation. Severability—1929 c 120. Construction—Chapter additional method. 87.22.010 Refunding authorized. Any or all bonds heretofore issued by any irrigation district in this state may be refunded as hereinafter provided. [1929 c 120 § 1; RRS § 7530-1. FORMER PART OF SECTION: 1929 c 120 § 40; RRS § 7530-40, now codified as RCW 87.22.910.] 87.22.010 87.22.020 When proceedings may be instituted. Before any proposition for the issuance of limited liability refunding bonds, as provided for in this chapter, of an irrigation district in this state shall be submitted to the electors thereof, the board of directors of said district shall at their option have authority, upon the written consent of the owners of at least fifty-one percent of the face value of the bonds proposed to be refunded, and upon the written approval of the state department of ecology, and of the owners of fifty-one percent of the acreage of the land within the district, to institute proceedings in the superior court of the proper county to determine the irrigable acreage of the lands which shall be subject to assessment for the payment of said refunding bonds and the interest thereon, and to determine the maximum benefits to be received by said lands from said proposed refunding bonds, in the manner herein provided. [1983 c 167 § 229; 1929 c 120 § 2; RRS § 7530-2.] 87.22.020 (2008 Ed.) 87.22.030 Petition—Contents. The said board of directors shall institute such proceedings by filing a petition in the superior court of the county in which the greater part of the lands in the district are situated. Said petition shall give the name of the district, shall set out the nature of its water rights and the general character of its irrigation works and distribution system, shall state the amount, maturity schedule of minimum annual installments of principal and maximum interest rate of the proposed refunding bonds, shall state the approximate irrigable acreage in the district and the probable approximate aggregate annual income therefrom during the life of the proposed refunding bonds, shall recite that the required consent of the owners of the bonds to be refunded has been obtained and shall state such other matter, if any, the said board of directors may deem pertinent to the proceedings, shall pray for the determination of the irrigable acreage and of the maximum benefits aforesaid and shall be signed and verified by the president of the said board of directors. [1983 c 167 § 230; 1929 c 120 § 3; RRS § 7530-3.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.22.040 Schedule of maximum benefits. There shall accompany said petition as an exhibit thereto a schedule of maximum benefits and of irrigable acreage for all the respective lands in the district. Such schedule shall contain in appropriate columns the name of the person to whom such tract of real property was assessed and the description of said property according to the district assessment roll last equalized, in a third column with appropriate heading shall be specified after each said description of land the maximum benefit to be received from the proposed refunding bond issue with the maximum benefits segregated into its three component parts—(1) the amount required to pay the lands’ proportional part of the principal of the bonds; (2) the amount required to pay the lands’ proportional part of the interest over the term of the bonds; (3) the amount of benefits in excess of the lands’ proportional part of the principal of the bonds and the interest over the term of the bonds; and in another appropriately specified column shall be stated after each tract the irrigable acreage thereof which will be assessed for payment of the proposed refunding bonds. Said schedule shall be signed by the secretary of the district. [1931 c 42 § 1; 1929 c 120 § 4; RRS § 7530-4.] 87.22.040 87.22.050 87.22.050 Hearing, time and place of. Upon the filing of said petition with the schedule of irrigable acreage and maximum benefits, the court shall fix a time and place for hearing the same and shall order the secretary of the district to give and publish a notice of said hearing. Said hearing may be held at the place fixed in the order and may be adjourned to a place certain in any county in which any lands within the district are situated, and may be continued from time to time and adjourned from county to county for the convenience of landowners and other interested persons. [1929 c 120 § 5; RRS § 7530-5.] Official paper for publication: RCW 87.03.020. [Title 87 RCW—page 57] 87.22.060 Title 87 RCW: Irrigation 87.22.060 Notice—Service. The notice of said hearing shall be given and published in the same manner, except as herein otherwise provided, and for the same length of time that a notice of a special election to determine whether the bonds of the district shall be issued is required to be given and published. [1929 c 120 § 6; RRS § 7530-6. FORMER PART OF SECTION: 1929 c 120 § 7; RRS § 7530-7, now codified as RCW 87.22.065.] 87.22.060 Bonds, election for, etc. (notice): RCW 87.03.200. 87.22.065 Notice—Contents. Said notice shall state that the district (naming it) proposes to issue and dispose of a refunding bond issue specifying the amount; that proceedings have been instituted in the superior court of the state of Washington in and for the specified county to determine the maximum benefits to be received by the lands within the operation of said district from the issuance and disposal of said proposed bond issue, and further to determine the irrigable acreage which will be assessed for the payment of said bonds, shall state that a schedule of the lands involved together with a statement of the amount of maximum benefits received by the amount of irrigable acreage in each respectively, is on file in said proceedings and may be inspected by any interested person, shall state the time and place fixed for the hearing of the petition and shall state that any person interested in such proceedings may on or before the day fixed for said hearing file his written objections thereto with the clerk of said court, or he will be forever bound by such orders as the court shall make in such proceedings. [1929 c 120 § 7; RRS § 7530-7. Formerly RCW 87.22.060, part.] 87.22.065 87.22.070 Hearing—Decree. At the time and place stated in the notice of said hearing, the court shall consider said petition and shall receive such pertinent evidence as may be offered in support thereof or against the same, shall enter a decree fully determining the maximum benefits received by and the irrigable acreage in, the several tracts of land involved as shown by the schedule and as prayed for in said petition. Said action shall be an equitable one in rem and the court shall have full authority to make and issue any and all necessary orders and to do any and all things proper or incidental to the exercise of its jurisdiction in this connection. At said hearing the matters set forth in said petition and accompanying schedule shall be presumed to be true and correct in the absence of sufficient evidence to the contrary. [1929 c 120 § 8; RRS § 7530-8.] 87.22.070 Refunding bonds—Form—Manner of payment—Interest rate (decree may determine): RCW 87.22.150. 87.22.080 Benefits, how determined—Dismissal— Continuance—Waiver. The maximum benefits accruing to the several tracts of land in the district from the proposed refunding bond issue shall be considered as new and independent of that accruing from the bonds to be refunded and in determining the maximum benefits as prayed for in said petition, the court shall not be limited to a consideration of the enhancement of market value of the lands involved arising immediately from the issuance and disposal of the proposed refunding bonds but shall have authority to consider such benefits as shall accrue to said lands from the plan of financing provided by the proposed bonds and from the continued 87.22.080 [Title 87 RCW—page 58] operation of the irrigation system under the administration of the district during the life of said refunding bonds and any other benefits that may accrue. If the court finds that the aggregate amount of said maximum benefits shall not equal at least double the amount of the principal of the proposed refunding bonds, to which shall be added the interest computed at the rate specified in the refunding bonds, it shall enter a decree dismissing the proceedings and the district shall have no authority to issue the proposed refunding bonds until a satisfactory decree has been obtained under the provisions of this chapter: PROVIDED, That nothing herein contained shall be construed to prevent the district from continuing the hearing for the purpose of modifying the proposed refunding bond plan or for the purpose of otherwise meeting the objection of the court, nor shall the dismissal of the proceeding be in anywise prejudicial to the institution of a subsequent action for the same purpose; AND PROVIDED FURTHER, That nothing herein contained shall be construed to prevent the court from entering a decree upon stipulation of the holders of the bonds to be refunded to waive their right to part of the indebtedness represented by the bonds to be refunded, so that the proposed refunding bond issue comes within the statutory requirements as to maximum benefits, or to accept refunding bonds based on a lesser aggregate maximum benefit than that required by the statute. [1931 c 42 § 2; 1929 c 120 § 9; RRS § 7530-9. FORMER PART OF SECTION: 1929 c 120 § 10; RRS § 7530-10, now codified as RCW 87.22.085.] 87.22.085 Irrigable acreage, how determined. In determining the irrigable acreage as provided herein, the court shall consider all lands included in the district capable of being used for agricultural purposes, provided that no lands shall be found to be irrigable which are not irrigable from the plan of the irrigation works of the district; and provided that nothing herein contained shall be construed to prevent a reconsideration of the irrigability of lands found nonirrigable upon the modification or enlargement of the irrigation system whereby said lands at first found nonirrigable may be irrigated by the district system. [1929 c 120 § 10; RRS § 7530-10. Formerly RCW 87.22.080, part.] 87.22.085 87.22.090 Appellate review. Appellate review of the judgment entered in said proceedings may be sought in the same manner as in other cases in equity. [1988 c 202 § 88; 1971 c 81 § 173; 1929 c 120 § 11; RRS § 7530-11.] 87.22.090 Severability—1988 c 202: See note following RCW 2.24.050. 87.22.100 Final judgment conclusive. The judgment of the court determining maximum benefits and the irrigable acreage in such proceedings, unless appealed from within the time prescribed by law, and upon final judgment on appeal, shall be conclusive, except as herein otherwise provided, upon and against each and every owner of said bonds issued as proposed and upon and against every tract of land in the district, upon and against those owning the same or having any interest therein, including minors, insane persons, those convicted of crime as well as those free from disability, and upon and against those who may have appeared in said proceedings. [1929 c 120 § 12; RRS § 7530-12. FORMER 87.22.100 (2008 Ed.) Refunding Bonds—1929 Act PART OF SECTION: 1929 c 120 § 13; RRS § 7530-13, now codified in RCW 87.22.105.] 87.22.105 Final judgment conclusive—Exception. Said judgment shall be final and conclusive upon and against all lands in the district on appeal as aforesaid, except as to the particular tract or tracts involved in the appeal. [1929 c 120 § 13; RRS § 7530-13. Formerly RCW 87.22.100, part.] 87.22.105 87.22.160 upon between the board of directors of the district and the bond owners: PROVIDED, That said refunding bonds shall not be issued in a greater sum than the total aggregate face value of the bonds to be refunded. [1983 c 167 § 231; 1929 c 120 § 19; RRS § 7530-19. Formerly RCW 87.22.140, part.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.22.150 87.22.110 Transcript to other counties. A transcript of so much of the judgment in said proceedings as pertain to the lands situated in each county other than the one in which the proceedings were instituted shall be certified by the clerk of the court and mailed to the county clerk of each of said other counties respectively for record among the recorded judgments therein. [1929 c 120 § 14; RRS § 7530-14.] 87.22.110 87.22.120 Election—Question to electors. Upon final determination of maximum benefits and irrigable acreage aforesaid, the board of directors of the district shall submit to the electors of the district possessing the qualifications prescribed by the irrigation district law the question whether refunding bonds of the district in amount and of the maturity proposed by said board shall be issued and exchanged for outstanding bonds as herein provided. [1929 c 120 § 15; RRS § 7530-15. FORMER PART OF SECTION: 1929 c 120 § 16; RRS § 7530-16, now codified as RCW 87.22.125.] 87.22.120 Qualification of voters and directors: RCW 87.03.045. 87.22.125 Election—Procedure. Except as herein otherwise specifically provided said election shall be called, noticed, conducted and the results thereof determined in the same manner and by the same officials as that provided by law for the calling, noticing, conducting and canvassing of original bond elections in irrigated districts. [1929 c 120 § 16; RRS § 7530-16. Formerly RCW 87.22.120, part.] 87.22.125 Bond elections: RCW 87.03.200. 87.22.130 Election—Notice, contents. The notice of said election shall specify the time and place of the election, the amount of the proposed refunding bonds, the maturity, the schedule of the minimum annual payments of the principal thereof and the maximum annual rate of interest said bonds shall bear, as approved by the court in the decree determining maximum benefits and irrigable acreage. [1929 c 120 § 17; RRS § 7530-17.] 87.22.130 87.22.140 Election—Majority vote affirmative, procedure. If a majority of the votes cast at said election are in favor of the proposed refunding issue the board of directors shall thereupon have authority to cause refunding bonds of the district in the amount and on the basis of the plan of payment and rate of interest proposed, to be issued and exchanged as herein provided. [1929 c 120 § 18; RRS § 7530-18. FORMER PART OF SECTION: 1929 c 120 § 19; RRS § 7530-19, now codified in RCW 87.22.145.] 87.22.140 87.22.145 Exchange of bonds. Refunding bonds provided for under this chapter may be exchanged for any or all of the bonds to be refunded on such basis as may be agreed 87.22.145 (2008 Ed.) 87.22.150 Form of bonds—Manner of payment— Interest rate. (1) Said refunding bonds shall be issued in such denominations as the board shall determine, but in the same denominations so far as practicable as the bonds to be refunded and shall mature at the date specified in the notice of election but not in any event later than thirty years from the date thereof, and shall be payable in minimum annual installments specified on a percentage basis and amortized to provide for full payment of the bonds with interest at maturity: PROVIDED, That in lieu of the annual payments of principal and semiannual payments of interest as provided in this chapter, the court may prescribe the form, manner of payment, and interest rate or rates of the refunding bonds, in the decree determining maximum benefits and irrigable acreage; and said decree may grant the district the right to pay at the date of any annual or semiannual payment, one or more next accruing annual or semiannual installments less the interest on that part of the principal thus paid in advance: AND PROVIDED, In all cases in which the court determines the form, manner of payment, and interest rate of the refunding bonds in the decree determining maximum benefits, all notices provided in this chapter and any other provision thereof, shall be given and construed in conformity with the terms and conditions of said bond prescribed in said decree. Such bonds may be in any registered form as provided for in RCW 39.46.030. (2) Notwithstanding subsection (1) of this section, such bonds may be issued in any registered form and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 232; 1970 ex.s. c 56 § 97; 1969 ex.s. c 232 § 56; 1931 c 42 § 3; 1929 c 120 § 20; RRS § 7530-20.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. Hearing—Decree: RCW 87.22.070. 87.22.160 87.22.160 Interest on unpaid bond installments— When payable. All unpaid installments on account of the principal of said refunding bonds shall bear interest from the date of the bonds at a rate or rates as authorized by the board of directors of the district. Different installments of the principal of said bonds may bear different rates of interest if it is so provided in the bond plan. Interest shall be payable semiannually on the first day of January and July of each year. [1970 ex.s. c 56 § 98; 1969 ex.s. c 232 § 57; 1929 c 120 § 21; RRS 7530-21. FORMER PART OF SECTION: 1929 c 120 § 22; RRS § 7530-22, now codified as RCW 87.22.165.] Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. [Title 87 RCW—page 59] 87.22.165 Title 87 RCW: Irrigation 87.22.165 Bond payments, where payable. Both principal and interest shall be made payable at the office of the county treasurer of the county in which the office of the board of directors of the district is situated. [1929 c 120 § 22; RRS § 7530-22. Formerly RCW 87.22.160, part.] 87.22.165 87.22.170 Bond contents—Transferability—Priority. Said bonds shall express upon their face that they were issued by authority of this chapter, stating its title and date of approval, that the district reserves the right to pay on account of the principal thereof annual installments at a greater rate than the minimum rate stated in the bonds, that said bonds are transferable only on the registration book of the county treasurer’s office at which said bonds are payable; that any attempted transfer of said bonds not recorded in said registration book shall be void so far as the rights of the district are concerned and that said bonds are of equal priority, payable with interest on a pro rata basis from revenues derived from annual assessments levied against the irrigable benefited lands within the district. [1929 c 120 § 23; RRS § 7530-23. FORMER PART OF SECTION: 1929 c 120 § 24; RRS § 7530-24, now codified as RCW 87.22.175.] 87.22.170 87.22.175 Bonds—Signature—Registration book. Said bonds shall be signed by the president of the board and secretary of the district and the seal of the district shall be impressed thereon. The term "registration book" as used in chapter 87.22 RCW shall constitute the method of registration adopted in conformance with RCW 39.46.030. [1983 c 167 § 233; 1929 c 120 § 24; RRS § 7530-24. Formerly RCW 87.22.170, part.] 87.22.175 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.22.190 Transfer on registration book required. Said bonds shall be transferable only on the registration book and any attempted transfer of said bonds not recorded in said registration book shall be void so far as the rights of the district are concerned. [1983 c 167 § 234; 1929 c 120 § 26; RRS § 7530-26. FORMER PART OF SECTION: 1929 c 120 § 27; RRS § 7530-27, now codified as RCW 87.22.195.] 87.22.190 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.22.200 Bonds of equal priority. Said bonds shall be of equal priority and shall be paid on a pro rata basis, in proportion to their respective face values, PROVIDED, That for purposes of identification only said bonds may be numbered consecutively. [1929 c 120 § 28; RRS § 7530-28.] 87.22.200 87.22.210 Payment to record owner. Payment by the said county treasurer of any installment of or interest on said bonds, or any of the same, to the recorded owner thereof as shown on said registration book shall constitute a valid payment, without surrender of said bonds or any of the same, provided that final payment on account of any bond shall not be made until and unless the same is surrendered. [1929 c 120 § 29; RRS § 7530-29. FORMER PART OF SECTION: 1929 c 120 § 30; RRS § 7530-30, now codified as RCW 87.22.215.] 87.22.210 [Title 87 RCW—page 60] 87.22.215 87.22.215 Payment to agent. Any bondholder or group of bondholders shall have the right to request said county treasurer in writing to pay the interest and installments of principal of his or their bond or bonds to such agent as may be designated in said request and payment to said agent shall constitute a valid payment to the record owner or owners of said bond or bonds within the provisions of this chapter. [1929 c 120 § 30; RRS § 7530-30. Formerly RCW 87.22.210, part.] 87.22.230 87.22.230 Assessments—Limitations. No tract of land shall be assessed by the district during the life of the proposed bonds when issued for the purpose of paying the principal of or interest on said bonds in an aggregate amount in excess of double the amount determined in the decree fixing maximum benefits under subdivision (1) of RCW 87.22.040, together with the interest on the principal computed at the rates specified in the bond, and any assessment in excess thereof shall be void. In addition to its regular normal assessment for the principal or interest of said bonds, no tract of land shall be assessed in any one year to make up past or anticipated delinquencies of assessments or both levied or to be levied against the lands in the district for said purposes, in excess of fifty percent of its regular normal assessment for said bonds. [1931 c 42 § 4; 1929 c 120 § 31; RRS § 7530-31.] 87.22.240 87.22.240 Assessments—Methods of payment. The owner of any land within said irrigation district which shall be liable for payment of said refunding bonds shall have the right to pay the same in said annual or semiannual installments or to make payment at any time when installments are due as in this section provided: (1) To pay an amount equal to the amount fixed in said decree determining the maximum benefits under subdivisions (1) and (2) of RCW 87.22.040 or the amount of the unpaid balance of said sums if such payment is not made until one or more installments have been paid, together with the amount fixed by said decree under subdivision (1) of RCW 87.22.040, and thereafter no further assessment shall be levied against such tract of land; (2) to pay the amount of benefits fixed in the decree determining the maximum benefits under subdivision (1) of RCW 87.22.040 or the unpaid balance thereof if such payment is made after one or more installments shall have been paid, with interest on the amount paid to the time of making payment, and thereafter such lands shall not be subject to assessments except to meet delinquencies of principal and/or interest on said bonds, for which purpose additional assessments shall be levied against said tract of land to an amount not exceeding the amount found in the decree fixing the maximum benefits under subdivision (1) of RCW 87.22.040; or (3) to pay any additional installments of the principal with interest accrued on the amount so paid at the time of the payment, and thereafter, in levying assessments against said tracts of land, said owner shall be given credit for such advance payment. The treasurer of the proper county shall have authority to receive for the benefit of the refunding bond fund of the district the payments herein authorized to be made. [1931 c 42 § 5; 1929 c 120 § 32; RRS § 7530-32. FORMER PART OF SECTION: 1931 c 42 § 6; 1929 c 120 § 33; RRS § 7530-33, now codified as RCW 87.22.245.] (2008 Ed.) Certification of Bonds 87.22.245 Assessments—Receipts. In case the owner of any land within an irrigation district shall make payment in accordance with the second provision in RCW 87.22.240, the county treasurer shall issue to such landowner a receipt stating that such payments have been made and that such lands shall thereafter be subject only to the assessments provided for in accordance with such provisions; and, in case any landowner within such irrigation district shall make any payments in accordance with the third provision of RCW 87.22.240, the county treasurer shall issue to such landowner a receipt showing the payment of such installment or installments and stating that credit therefor is thereby given to such landowner as to apply to future installments. [1931 c 42 § 6; 1929 c 120 § 33; RRS § 7530-33. Formerly RCW 87.22.240, part.] 87.22.245 87.22.250 Assessments—Payment in money only. Full payment of the decreed maximum benefits accruing to any tract of land aforesaid can be made by the payment of money only and no sale of any tract of land on account of delinquent district assessments shall be construed as a satisfaction chargeable against the amount of maximum benefits decreed as accruing to said tract by reason of said refunding bonds. [1929 c 120 § 34; RRS § 7530-34.] 87.22.250 87.22.260 Sale or lease of foreclosed land—Disposition of proceeds. In any instance where an irrigation district having outstanding refunding bonds issued under the provision of this chapter, sells or rents a tract of land previously acquired by sale on account of delinquent district assessments, the proceeds of said sale or lease shall be distributed to the expense fund and the refunding bond fund of the district in proportion to the respective amounts of the district exactions made against said tract of land for the benefit of these two funds payable in the year in which the district assessment for which said tract was sold, became delinquent. [1929 c 120 § 35; RRS § 7530-35.] 87.22.260 87.22.270 Excess in bond fund—Apportionment. When the money in the refunding bond fund reaches an excess of ten percent of the amount necessary to meet the total aggregate minimum annual installment of the principal of said bonds and interest next payable, it shall be the duty of said treasurer to apportion said excess to the several bondholders on a pro rata basis in proportion to the par value of their respective bonds and include the same with the payments of the next annual installment of the principal of said bonds. [1929 c 120 § 36; RRS § 7530-36.] 87.25.010 in the same manner in which lands may now be excluded from the districts against which there are no bond issues, and said lands so excluded shall be forever free of the liens of said refunding bonds; AND PROVIDED FURTHER, That no assessments against any tract of land shall exceed the amount specified under RCW 87.22.230. [1983 c 167 § 235; 1931 c 42 § 7; 1929 c 120 § 37; RRS § 7530-37. Formerly RCW 87.22.220.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.22.280 Judicial confirmation. Proceedings had for the authorization, issuance and disposal of refunding bonds provided for herein may be considered, confirmed and approved by the court in proceedings authorized by the irrigation district act in the same manner and with the same effect, as proceedings had for authorization, issuance and disposal of other irrigation district bonds provided for by law, are considered, confirmed and approved. [1929 c 120 § 38; RRS § 7530-38.] 87.22.280 Proceedings for judicial confirmation: RCW 87.03.780 through 87.03.805. 87.22.900 Severability—1929 c 120. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1929 c 120 § 39; RRS § 7530-39.] 87.22.900 87.22.910 Construction—Chapter additional method. Nothing in this chapter contained shall be deemed or construed as abridging, enlarging or modifying any existing statute relating to refunding bonds of irrigation districts. This chapter is intended as an independent act providing an additional method for the issuance of refunding bonds of such districts. [1929 c 120 § 40; RRS § 7530-40. Formerly RCW 87.22.010, part.] 87.22.910 87.22.270 87.22.275 Rights of bond owners—Lien of bonds— Manner of payment. Except as herein otherwise specifically provided, refunding bonds, authorized, issued and disposed of under the provisions of this chapter shall entitle the owners thereof to the same rights and privileges, shall constitute a lien on the same property and shall be paid in the same manner as the original bonds refunded by said bond issue, and said refunding bonds shall be retired by the exaction of annual assessments levied against all the lands in the district: PROVIDED, HOWEVER, That any lands in the district against which no benefits are determined by the decree determining maximum benefits may be excluded from the district 87.22.275 (2008 Ed.) Chapter 87.25 Chapter 87.25 RCW CERTIFICATION OF BONDS Sections 87.25.010 87.25.020 87.25.030 87.25.040 87.25.050 87.25.060 87.25.070 87.25.090 87.25.100 87.25.120 87.25.125 87.25.130 87.25.140 87.25.900 Resolution to certify—Investigation. Request for information—Compliance. Transcript to attorney general—Report filed with secretary of state. Contents of director’s report. Certificates to be attached to reports. Supplemental report. Form of secretary of state’s certificate. Expense to be paid by district. Expenditures of bond proceeds—Employment and payment of attorneys. Inspection of work as it progresses. Certification in installments. Forms prescribed. Expenditures for construction—Approval—Budget. Severability—1923 c 51. 87.25.010 Resolution to certify—Investigation. Whenever the board of directors of any irrigation district, organized and existing under and pursuant to the laws of the state of Washington, shall by resolution declare that it deems it desirable that any contemplated or outstanding bonds of 87.25.010 [Title 87 RCW—page 61] 87.25.020 Title 87 RCW: Irrigation such district, including any of its bonds authorized but not sold, be certified under the provisions of this chapter, such board of directors shall thereupon file a certified copy of such resolution with the director of ecology. Such director on receipt of a certified copy of such resolution shall, without delay, make or cause to be made a full investigation of the affairs of the district. [1988 c 127 § 49; 1923 c 51 § 1; RRS § 7432-1.] 87.25.020 Request for information—Compliance. In connection with the investigation and report provided for in this chapter, the director of ecology is authorized and directed to make written request upon any state officer, institution or department for information, opinion or advice relative to any features of such investigation pertinent to the work of such officer or department. Upon receipt of such written request from said director, such officer or department shall, without delay, make such investigation as may be necessary and shall then furnish the said director with a report in writing giving the information, opinion or advice required by said director. [1988 c 127 § 50; 1923 c 51 § 2; RRS § 7432-2.] 87.25.020 87.25.030 Transcript to attorney general—Report filed with secretary of state. If, after the investigation herein provided for, the director finds that the project of the district is feasible, that the bond issue proposed to be certified is necessary and in sufficient amount to complete the improvement contemplated and that the district shows a clear probability of successful operation, he shall submit a complete transcript, to be furnished and certified by the district, of the proceedings relating to the organization and establishment of the district and relating to or affecting the validity of the bond issue involved, to the attorney general, for his written opinion as to the legality of the same. If the attorney general finds that any of the matters submitted in the transcript are not legally sufficient he shall so state in his opinion to the director of ecology. The district shall then be given an opportunity, if possible, to correct the proceeding or thing complained of to the satisfaction of the attorney general. If the attorney general finds that all the matters submitted in the transcript as originally submitted or as subsequently corrected are legally sufficient said director shall thereupon file his report with the secretary of state and forward a copy to the secretary of the district, to be kept among the records of the district. [1988 c 127 § 51; 1923 c 51 § 3; RRS § 7432-3.] 87.25.030 87.25.040 Contents of director’s report. Said report filed with the secretary of state shall contain conclusions upon the following points: (1) The supply of water available for the project and the right of the district to so much water as may be needed. (2) The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation and the probable need of drainage. (3) The feasibility of the district’s irrigation system and of the specific unit for which the bonds under consideration are desired, whether such system and unit be constructed, projected or partially completed; and the sufficiency of the amount of the proposed bond issue to complete the improvement contemplated. 87.25.040 [Title 87 RCW—page 62] (4) The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned by such district or to be acquired or constructed by it with the proceeds of any such bonds. (5) The reasonable market value of the lands included within the district. (6) The plan of operation and maintenance used or contemplated by the district. (7) The method of accounting employed or proposed to be employed by the district. (8) Any other matter material to the investigation. [1923 c 51 § 4; RRS § 7432-4.] 87.25.050 Certificates to be attached to reports. Attached to said report of said director shall be the following: (1) A certificate signed by the director of ecology certifying to the amount and sufficiency of water rights available for the project. (2) A certificate signed by a soil expert of the Washington State University, certifying as to the character of the soil and the classification of the lands in the district. (3) A certificate signed by the director of ecology approving the general feasibility of the system of irrigation. (4) A certificate signed by the attorney general of the state of Washington approving the legality of the organization and establishment of the district and the legality of the bond issue offered for certification. [1988 c 127 § 52; 1977 ex.s. c 169 § 112; 1923 c 51 § 5; RRS § 7432-5.] 87.25.050 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 87.25.060 Supplemental report. When the proposed bond issue has been finally approved by the director, he shall file a supplemental report with the secretary of state giving the numbers, date or dates of issue and denominations of said bonds which shall then be entitled to certification as herein provided. [1923 c 51 § 6; RRS § 7432-6.] 87.25.060 87.25.070 Form of secretary of state’s certificate. All bonds issued by any eligible district availing itself of the provisions of this chapter shall, before sale by the district, have attached thereto the certificate of the secretary of state, essentially in the following form: 87.25.070 Olympia, Washington, . . . .(Insert date). . . . . I, . . . . . ., secretary of state of the state of Washington, do hereby certify that the above named district has been investigated and its project approved by the department of ecology of the state of Washington; that the legality of the bond issue of which this bond is one has been approved by the attorney general of the state of Washington, and that the carrying out of the purposes for which this bond was issued is under the supervision of said department, as provided by law. [Seal] ..................... Secretary of State. [1988 c 127 § 53; 1923 c 51 § 7; RRS § 7432-7.] 87.25.090 Expense to be paid by district. All necessary expenses incurred in making the investigation, examination, opinions and reports in this chapter provided for shall be 87.25.090 (2008 Ed.) Revenue Bonds for Water, Power, Drains, Etc. paid at such times and in such manner as the director of ecology shall require, by the irrigation district, the affairs of which have been investigated and reported on by the said director: PROVIDED, That the benefit of any service that may have been performed and any data that may have been obtained in pursuance of the requirements of any law other than this chapter, shall be available for the use of the director without charge to said district. [1988 c 127 § 54; 1923 c 51 § 8; RRS § 7432-8.] 87.25.100 87.25.100 Expenditures of bond proceeds—Employment and payment of attorneys. Whenever the bonds of any irrigation district have been certified, as provided in this chapter, no expenditures shall be made from the proceeds of such bonds, nor shall any liability chargeable against such proceeds be incurred, until there shall have been filed with and approved by the director of ecology a schedule of proposed expenditures in such form as said director shall prescribe, and no expenditures from the proceeds of said bonds shall be made for any purpose in excess of the amount allowed therefor in such schedule without the written consent of said director: PROVIDED, FURTHER, That, if it shall be necessary, the attorney general may employ competent attorneys to assist him in the performance of his duties under this chapter, said attorneys to be paid by the irrigation district for which services are rendered from any of the funds of said district at such time and in such manner as the attorney general shall require. [1988 c 127 § 55; 1923 c 51 § 9; RRS § 74329.] 87.28.005 87.25.130 Forms prescribed. Districts coming within the provisions of this chapter shall prepare and maintain all records of their operation and proceedings upon forms prescribed by the director of ecology. [1988 c 127 § 58; 1923 c 51 § 12; RRS § 7432-12.] 87.25.130 8 7 . 2 5 . 1 4 0 E x p e n di t u r e s f o r c o n s t r u c t i o n — Approval—Budget. When the bonds of any district have been certified as provided herein, it shall be unlawful for the district, during the life of said bonds to expend any money or incur any obligation for construction purposes without the written approval of the director of ecology, nor shall such district issue and sell any bonds not certified as herein provided, and the district shall annually at such time as said director shall prescribe, prepare and file with the director, on forms furnished by that officer, a budget of its contemplated expenditures for maintenance and operation during the ensuing year. [1988 c 127 § 59; 1923 c 51 § 13; RRS § 7432-13. Formerly RCW 87.25.110.] 87.25.140 87.25.900 Severability—1923 c 51. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1923 c 51 § 14; RRS § 7432-14.] 87.25.900 Chapter 87.28 Chapter 87.28 RCW REVENUE BONDS FOR WATER, POWER, DRAINS, ETC. 87.25.120 87.25.120 Inspection of work as it progresses. During the progress of any work to be paid for from the proceeds of any bond issue certified as in this chapter provided, the director of ecology shall make or cause to be made, from time to time, at the expense of the district, such inspection of the work as may be necessary to enable the said department to know that the plans approved by the director are being carried out without material modification, unless such modification has been approved by the director. [1988 c 127 § 56; 1923 c 51 § 10; RRS § 7432-10.] 87.25.125 87.25.125 Certification in installments. Whenever the survey, examinations, drawings, and plans of an irrigation district, and the estimate of cost based thereon, shall provide that the works necessary for a completed project shall be constructed progressively over a period of years in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it shall not be necessary for the secretary of state to certify at one time all of the bonds that have been voted for the said completed project; but such bonds may be certified from time to time, when approved by the director of ecology, as needed by the district. If the secretary of state shall certify all of the bonds necessary for the said completed project, even if said project is to be constructed progressively over a period of years in accordance with the aforesaid resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of said director. [1988 c 127 § 57; 1923 c 51 § 11; RRS § 7432-11. Formerly RCW 87.25.080.] (2008 Ed.) Sections 87.28.005 87.28.010 87.28.015 87.28.020 87.28.030 87.28.035 87.28.040 87.28.070 87.28.090 87.28.100 87.28.103 87.28.108 87.28.110 87.28.120 87.28.150 87.28.200 87.28.210 "County treasurer," "treasurer of the county," defined. Revenue bonds authorized. Interest bearing warrants authorized—Form, covenants, issuance and sale. Form and terms of bonds. Bonds payable only from special funds—Lien on revenues. Determining amount payable into special funds. Bonds do not constitute general debt of district. Sale of bonds. Board to set rates to provide necessary revenues. Fixed share of revenues must be paid into special fund. Election on proposed bond issue—Exception—Consent of state. Payment of bonds—Covenants for securing authorized— Scope. Payment of bonds. Objects executed by resolution—Determining legality of proceedings. Refunding revenue bonds authorized—Revenue bond redemption fund established—Use. Utility local improvement districts—Authorized—Special assessments—Limitations. Utility local improvement districts—Conversion of local improvement districts to. 87.28.005 "County treasurer," "treasurer of the county," defined. As used in this chapter, in accordance with RCW 87.03.440, the term "county treasurer" or "treasurer of the county" or other reference to that office means the treasurer of the district, if the district has designated its own treasurer, unless the context clearly requires otherwise. [1979 ex.s. c 185 § 17.] 87.28.005 Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. [Title 87 RCW—page 63] 87.28.010 Title 87 RCW: Irrigation 87.28.010 Revenue bonds authorized. The board of directors of any irrigation district in this state which is furnishing or may furnish irrigation water, domestic water, electric power, drainage or sewerage services for which rates or tolls and charges are imposed or contract payments made, or any combination of such services, shall have authority to issue and sell bonds of the district payable from revenues derived from district rates or tolls and charges or contract payments for such service or services, and to pledge such revenues from one or more of such services for the payment and retirement of bonds issued for irrigation water, domestic water, electric power, and drainage or sewer improvements: PROVIDED, That nothing in this section shall authorize a district which is not on March 8, 1973, engaged in providing electrical service permission to pledge revenue from water and sewer service to support the issuance of revenue bonds for the acquisition or construction of electrical power facilities other than those authorized by RCW 87.03.015(1), as now or hereafter amended. [1979 ex.s. c 185 § 8; 1973 c 74 § 1; 1949 c 57 § 1; Rem. Supp. 1949 § 7434-10.] the board of directors may be redeemed in advance of maturity on any interest payment date upon the terms and conditions established by the board, may include in the amount of the issue funds for the purpose of paying interest on the bonds during the period of construction of the facility being financed by the proceeds of the bonds, and may include in the amount of the issue funds for the purpose of establishing, maintaining, or increasing reserves in the manner, for the purposes, and subject to the restrictions set forth in RCW 39.44.140. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 237; 1979 ex.s. c 185 § 9; 1973 c 74 § 2; 1970 ex.s. c 56 § 99; 1969 ex.s. c 232 § 58; 1949 c 57 § 2; Rem. Supp. 1949 § 7434-11.] Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 87.28.010 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Facsimile signatures: RCW 39.44.100. 87.28.015 Interest bearing warrants authorized— Form, covenants, issuance and sale. Irrigation districts may also issue interest bearing warrants to provide interim financing pending the issuance of district revenue bonds. The items, form and content, and the manner of the issuance and sale of such interest bearing warrants as well as any covenants for the redemption of such warrants shall be established by resolution of the district’s board of directors. Such warrants may be in any form, including bearer warrants or registered warrants as provided in RCW 39.46.030. Such warrants may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 236; 1979 ex.s. c 185 § 18.] 87.28.015 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.28.020 Form and terms of bonds. (1) Said bonds shall be in such form as the board of directors shall determine; shall be in bearer form or registered as to principal or interest or both as provided in RCW 39.46.030, and may provide for conversion between registered and coupon bonds; shall be in such denominations, shall be numbered, shall bear such date and shall be payable at such time or times up to a maximum of not to exceed forty years as shall be determined by the board of directors; shall bear interest at such rate or rates, payable at such time or times as authorized by the board of directors; shall be payable at the office of the county treasurer of the county in which the principal office of the district is located or at such other place as the board of directors shall provide and specify in the bonds; shall be executed by the president of the board of directors and attested and sealed by the secretary thereof and may have facsimile signatures of the president and secretary imprinted on any interest coupons in lieu of original signatures and the facsimile seal of the district and the facsimile signature of either the president or the secretary on the bonds in lieu of a manual signature. Said bonds may provide that the same or any part thereof at the option of 87.28.020 [Title 87 RCW—page 64] 87.28.030 Bonds payable only from special funds— Lien on revenues. The board of directors of the issuing district shall have authority and is required to create a special fund or funds to be carried in said county treasurer’s office for the account of the district for the sole purpose of paying the interest and principal of such bonds. The board of directors of the issuing district shall obligate and bind the district to set aside and pay into such special fund or funds a fixed proportion, or any fixed amount of and not exceeding a fixed proportion of, or a fixed amount or amounts without regard to any fixed proportion of the gross revenues from the charges made by the district for the irrigation water, domestic water, the electric power, drainage, or sewer service, or any combination of such services as the case may be, for which the bonds are issued, and such bonds and the interest thereon shall be payable only out of such special fund or funds but shall be a lien and charge against all revenues received for the service or services the revenues of which are pledged to such fund or funds and payments received from any utility local improvement district or districts pledged to secure such bonds, subject only to operating and maintenance expenses of such service. [1979 ex.s. c 185 § 10; 1973 c 74 § 3; 1949 c 57 § 3; Rem. Supp. 1949 § 7434-12.] 87.28.030 Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.28.035 Determining amount payable into special funds. In creating such special fund or funds the board of directors of the district shall have due regard for the cost of the operation and maintenance of the district system required by the district to furnish said irrigation water, domestic water, electric power, drainage, or sewer service, as the case may be, and shall not set aside into such special fund a greater amount or proportion of the revenue of such service or services, than, in its judgment, will be available over and above such cost of maintenance and operation and the amount or proportion, if any, of the revenue previously pledged to such special fund 87.28.035 (2008 Ed.) Revenue Bonds for Water, Power, Drains, Etc. 87.28.108 or funds. [1979 ex.s. c 185 § 11; 1949 c 57 § 4; Rem. Supp. 1949 § 7434-13. Formerly RCW 87.28.080.] such setting aside and payment. [1983 c 167 § 240; 1979 ex.s. c 185 § 13; 1949 c 57 § 8; Rem. Supp. 1949 § 7434-16.] Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.28.040 Bonds do not constitute general debt of district. Any such bonds, and interest thereon, issued against a special fund as herein provided shall be a valid claim of the owner thereof only as against said special fund or funds and its fixed proportion or amount of the revenue pledged to such fund or funds and shall not constitute a general indebtedness against the issuing irrigation district. Each such bond shall state upon its face that it is payable from a special fund or funds only, naming the special fund or funds and the resolution creating the fund or funds. [1983 c 167 § 238; 1979 ex.s. c 185 § 12; 1949 c 57 § 5; Rem. Supp. 1949 § 7434-13a.] 87.28.040 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.28.070 Sale of bonds. (1) Such revenue bonds shall be sold in such manner as the board of directors shall deem for the best interests of the irrigation district, either at public or at private sale and at any price and at any rate or rates of interest, but if the board of directors shall dispose of said bonds in exchange for construction of improvements or for materials, such bonds shall not be disposed of for less than par for value received by the district. (2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW. [1983 c 167 § 239; 1970 ex.s. c 56 § 100; 1969 ex.s. c 232 § 59; 1949 c 57 § 6; Rem. Supp. 1949 § 7434-14.] 87.28.070 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 87.28.090 Board to set rates to provide necessary revenues. The board of directors of any irrigation district issuing such revenue bonds shall provide for revenues by fixing rates and charges for furnishing the service involved as the board shall deem necessary, in the manner provided by law and as fixed by resolution, the total revenues to be so estimated and determined as to be sufficient to take care of costs of maintenance, operation interest and principal amortization requirements and other charges involved. [1949 c 57 § 7; Rem. Supp. 1949 § 7434-15.] 87.28.090 Assessments and levies: RCW 87.03.240 through 87.03.305. 87.28.100 Fixed share of revenues must be paid into special fund. When a special fund has been created and bonds have been issued as herein provided, the fixed proportion or amount of the revenues pledged to the payment of the bonds and interest shall be set aside and paid into the special fund monthly as collected, as provided in the resolution creating the fund, and in case any irrigation district shall fail thus to set aside and pay said fixed proportion or amount as aforesaid, the owner of any bond against the special fund may bring appropriate court action against the district and compel 87.28.100 (2008 Ed.) Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.28.103 Election on proposed bond issue—Exception—Consent of state. When the directors of the district have decided to issue revenue bonds as herein provided, they shall call a special election in the irrigation district at which election shall be submitted to the electors thereof possessing the qualifications prescribed by law the question whether revenue bonds of the district in the amount and payable according to the plan of payment adopted by the board and for the purposes therein stated shall be issued. Said election shall be called, noticed, conducted and canvassed in the same manner as provided by law for irrigation district elections to authorize an original issue of bonds payable from revenues derived from annual assessments upon the real property in the district: PROVIDED, That the board of directors shall have full authority to issue revenue bonds as herein provided payable within a maximum period of forty years without a special election: AND PROVIDED, FURTHER, That any irrigation district indebted to the state of Washington shall get the written consent of the director of the department of ecology prior to the issuance of said revenue bonds. [1979 ex.s. c 185 § 14; 1949 c 57 § 9; Rem. Supp. 1949 § 7434-17. Formerly RCW 87.28.050.] 87.28.103 Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Bonds, election for, etc.: RCW 87.03.200. Qualification of voters: RCW 87.03.045. 87.28.108 Payment of bonds—Covenants for securing authorized—Scope. The board of directors may make such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on revenue bonds of the district, including but not being limited to covenants for: The establishment and maintenance of adequate reserves to secure or guarantee the payment of such principal and interest; the protection and disposition of the proceeds of sale of such bonds; the use and disposition of the gross revenues of the service or services of the district providing revenues for the payment of such bonds and any additions or betterments thereto or extensions thereof; the use and disposition of any utility local improvement district assessments; the creation and maintenance of funds for renewals and replacements of the service or services providing revenues for the payment of such bonds; the establishment and maintenance of rates and charges adequate to pay principal and interest of such bonds and to maintain adequate coverage over debt service; the maintenance, operation, and management of the service or services providing revenues for the payment of such bonds and the accounting, insuring, and auditing of the business in connection therewith; the terms upon which such bonds or any of them may be redeemed at the election of the district; limitations upon the right of the district to dispose of its service or services providing revenues for the payment of such bonds or any part thereof; the appointment of trustees, depositaries, and paying agents to receive, hold, disburse, 87.28.108 [Title 87 RCW—page 65] 87.28.110 Title 87 RCW: Irrigation invest, and reinvest all or any part of the income, revenue, and receipts of the district; and the board of directors may make such other covenants as it may deem necessary to accomplish the most advantageous sale of such bonds. The board of directors may also provide that revenue bonds payable out of the same source or sources may later be issued on a parity with any revenue bonds being issued and sold. [1979 ex.s. c 185 § 21.] Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. improvement guaranty fund of the district at the time of the issuance of such refunding revenue bonds, said bonds shall be issued in an amount sufficient also to fund and pay such outstanding warrants. [1983 c 167 § 242; 1979 ex.s. c 185 § 22.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.28.200 Utility local improvement districts— Authorized—Special assessments—Limitations. Any irrigation district shall have the power to establish utility local improvement districts within its territory and to levy special assessments within such utility local improvement districts in the same manner as provided for irrigation district local improvement districts: PROVIDED, That it must be specified in any petition for the establishment of a utility local improvement district that the sole purpose of the assessments levied against the real property located within the utility local improvement district shall be the payment of the proceeds of those assessments into the revenue bond fund for the payment of revenue bonds, that no warrants or bonds shall be issued in any such utility local improvement district, and that the collection of interest and principal on all assessments in such utility local improvement district, when collected, shall be paid into the revenue bond fund. [1979 ex.s. c 185 § 19.] 87.28.200 87.28.110 Payment of bonds. Said county treasurer shall have authority to pay said bonds and any appurtenant coupons in accordance with their terms from any moneys on hand in said special fund and when said bonds with interest have been fully paid, any moneys remaining in the fund shall be transferred to the expense fund of the district and the special fund closed. [1983 c 167 § 241; 1949 c 57 § 11; Rem. Supp. 1949 § 7434-19.] 87.28.110 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 87.28.120 Objects executed by resolution—Determining legality of proceedings. The board of directors of the issuing district shall have full authority by resolution to carry out the objects of this chapter in accordance with the provisions hereof and the same shall be liberally construed. The court shall have full jurisdiction under the irrigation district law to examine and determine the legality of the proceedings held to authorize and dispose of such revenue bonds, in the same manner and with the same legal effect as that provided in the case of other bonds of the district. [1949 c 57 § 12; Rem. Supp. 1949 § 7434-20. Formerly RCW 87.28.120 and 87.28.130.] 87.28.120 Bonds: RCW 87.03.200 through 87.03.235. 87.28.150 Refunding revenue bonds authorized— Revenue bond redemption fund established—Use. The board of directors of any irrigation district may, by resolution, without submitting the matter to the voters of the district, provide for the issuance of refunding revenue bonds to refund one or more of the following: Outstanding assessment bonds, revenue bonds, contracts with the United States or state of Washington, or any part thereof, and all outstanding local improvement district bonds, at maturity thereof, or before maturity thereof if they are subject to call for prior redemption or if all of the owners thereof consent thereto. The refunding bonds shall be issued in the manner and for the purposes set forth in chapter 39.53 RCW. Whenever district bonds or contracts payable in whole or part from assessments have been refunded pursuant to this section, all assessments remaining unpaid shall thereafter when collected be paid into the revenue bond redemption fund established for payment of the refunding revenue bonds, and the cash balances, if any, in the reserve or guaranty funds for such refunded bonds and the proceeds received from any other assets owned by such funds shall be used in whole or in part as a reserve or guaranty fund for the refunding revenue bonds or be transferred in whole or in part to any other funds of the district as the board of directors may determine. In the event that any warrants are outstanding against the local 87.28.150 [Title 87 RCW—page 66] Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. 87.28.210 Utility local improvement districts—Conversion of local improvement districts to. The board of directors of any irrigation district may by resolution convert any then existing local improvement district into a utility local improvement district at any time prior to the adoption of a resolution approving and confirming the initial assessment roll of such local improvement district. The resolution so converting the local improvement district shall provide for the payment of the special assessments levied in that district into the special fund established or to be established for the payment of revenue bonds issued to defray the cost of the local improvement district. [1979 ex.s. c 185 § 20.] 87.28.210 Effective date—Severability—1979 ex.s. c 185: See notes following RCW 87.03.013. Chapter 87.48 Chapter 87.48 RCW INDEMNITY TO STATE ON LAND SETTLEMENT CONTRACTS Sections 87.48.010 87.48.020 87.48.030 87.48.040 Contracts for indemnity authorized. Approval of contract—Execution—State obligation to enter into land settlement contract with federal government. Assessments—Indemnity fund—Transfer to maintenance fund, when. Estimate of expenses and losses—Payment. 87.48.010 Contracts for indemnity authorized. Any irrigation district by and through its board of directors is hereby authorized and shall have the power to enter into a contract with the state of Washington whereby it shall agree to repay to the state of Washington any expenses incurred by 87.48.010 (2008 Ed.) Dissolution of Districts without Bonds the state of Washington and to indemnify the state of Washington against any and all losses and damages which the state of Washington may suffer, under any contract between the state of Washington and the United States relating to land settlement in said district. This chapter shall apply to all irrigation districts and shall not be otherwise construed. [1925 ex.s. c 34 § 1; RRS § 7525-1.] 87.48.020 87.48.020 Approval of contract—Execution—State obligation to enter into land settlement contract with federal government. When any such irrigation district shall have duly executed and tendered to the state of Washington the contract of indemnity as it is herein empowered to do, the director of ecology is hereby authorized, empowered and required to sign and execute such contract on behalf of the state of Washington. After having received any such contract of indemnity from any such irrigation district the said director of ecology is hereby authorized, empowered and required to enter into a contract on behalf of the state of Washington with the United States relating to the land settlement in such district if such contract shall be presented, or tendered by the United States, which contract, if entered into on or before June 30, 1926, shall have the same terms and provisions of that certain contract submitted to the state of Washington under authority of the act of congress approved March 3rd, 1925, entitled "An Act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1926, and for other purposes." PROVIDED, That the liability of the state of Washington to the United States under such contract, if entered into on or before June 30, 1926, shall be limited to three hundred thousand dollars and be subject to appropriation therefor being made by the legislature. PROVIDED, FURTHER, That the said director of ecology or any other officer of the state of Washington shall not enter into any such contract with the United States after June 30, 1926, unless and until any such contract shall have been presented to the legislature by the governor through the director of ecology and approved by a joint resolution of the legislature, which resolution shall be passed by a constitutional majority of both branches of the legislature by roll call. [1988 c 127 § 60; 1925 ex.s. c 34 § 2; RRS § 7525-2.] 87.52.010 87.48.010 shall have been paid to the state of Washington any money then remaining in "The Indemnity Fund" shall be transferred to the maintenance fund of said district. [1925 ex.s. c 34 § 3; RRS § 7525-3.] 87.48.040 Estimate of expenses and losses—Payment. When the state of Washington shall be required to make any payment or expend any money in the performance of any such contract entered into with the United States, an estimate of the amount of expenses likely to be incurred in such performance, together with an estimate of future losses or damages that may occur under such contract shall be made by the director of ecology, who shall thereupon return a statement thereof to such district, and the board of directors of such district shall from time to time as required by the director of ecology levy against all the property within said district such assessments as may be necessary to repay to the state of Washington such estimated expenses, losses and damages. PROVIDED, If such district has no money in the "The Indemnity Fund" to repay such expenses when the same shall be incurred or to pay such losses and damages as the same shall accrue it shall be the duty of the board of directors to cause warrants of the district to be issued in payment of such indebtedness, which warrants shall bear interest at a rate determined by the board and be paid from moneys paid into the indemnity fund by assessments levied as hereinbefore provided. [1988 c 127 § 61; 1981 c 156 § 32; 1925 ex.s. c 34 § 4; RRS § 7525-4.] 87.48.040 Chapter 87.52 RCW DISSOLUTION OF DISTRICTS WITHOUT BONDS Chapter 87.52 Sections 87.52.001 Actions subject to review by boundary review board. 87.52.010 87.52.015 87.52.030 87.52.040 Dissolution authorized. Petition. Election—Ballots—Qualified electors. Vote required—Petition to court—Notice and publication of hearing—Court order. Board of directors as trustees—Duties—Records to be delivered to clerk. 1897 ACT 87.52.060 1939 ACT 87.48.030 87.48.030 Assessments—Indemnity fund—Transfer to maintenance fund, when. Any such irrigation district which shall have entered into any such contract of indemnity with the state of Washington is hereby empowered and shall annually be required to levy assessments against all the property within said district from time to time in such amounts as shall enable it to reasonably anticipate and promptly comply with its said contract with the state of Washington. Such assessments shall be levied and be payable at the time and in the manner that its regular assessments are made and shall have the same validity, force and effect as assessments for any other purposes. Such assessments shall be levied for and shall be paid into a fund to be known as "The Indemnity Fund" and such fund shall not be used for any purpose other than to fulfill its obligations under its indemnity contract with the state of Washington. PROVIDED, That when all expenses, losses or damages for which the district may become liable to the state of Washington under RCW (2008 Ed.) 87.52.070 87.52.080 87.52.090 87.52.150 Dissolution when not brought under irrigation for twenty years. Petition. Election—Procedure when three-fifths vote for disorganization. Disposal of real property—Right of adjacent owners. Dissolution of inactive special purpose districts: Chapter 36.96 RCW. 87.52.001 Actions subject to review by boundary review board. Actions taken under chapter 87.52 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 67.] 87.52.001 1897 ACT 87.52.010 Dissolution authorized. Any irrigation district, organized and existing by virtue of laws of this state, which has no bonded indebtedness outstanding, may be disorganized and its business and affairs liquidated and wound 87.52.010 [Title 87 RCW—page 67] 87.52.015 Title 87 RCW: Irrigation up in the manner hereinafter provided. [1897 c 79 § 1; RRS § 7526. FORMER PART OF SECTION: 1897 c 79 § 2; RRS § 7527, now codified as RCW 87.52.015.] 87.52.015 Petition. A petition signed by one-third or more holders of title or evidence of title to lands within said district who shall be qualified electors thereof, reciting the fact that said district has no bonded indebtedness and praying that said district be disorganized under the provisions of RCW 87.52.010 through 87.52.060, shall be delivered to the secretary of the board of directors of said district or to one of the directors thereof. [1897 c 79 § 2; RRS § 7527. Formerly RCW 87.52.010, part.] 87.52.015 87.52.030 Election—Ballots—Qualified electors. Upon the delivery of said petition the board of directors of said irrigation district shall, at their next succeeding regular monthly meeting, order an election, the date of which election shall be within twenty days from the date of said meeting of the board of directors and which election shall be conducted as other elections of irrigation districts are conducted. At said election the qualified electors of said irrigation district shall cast ballots which shall contain the words "Disorganize, Yes," or "Disorganize, No." No person shall be entitled to vote at any election held under the provisions of RCW 87.52.010 through 87.52.060 unless he is a qualified voter under the election laws of the state, and holds title or evidence of title to land in said district. [1897 c 79 § 3; RRS § 7528. FORMER PART OF SECTION: 1939 c 149 § 3, part; RRS § 7527-3, part, now codified in RCW 87.52.090.] 87.52.030 Irrigation district elections: RCW 87.03.030 through 87.03.110. Voter registration: Chapter 29A.08 RCW. 87.52.040 Vote required—Petition to court—Notice and publication of hearing—Court order. If three-fifths of the votes cast at any election under the provisions of RCW 87.52.010 through 87.52.060 shall contain the words "Disorganize, Yes," then the board of directors shall present to the superior judge of the county in which said irrigation district is located an application for an order of said superior court that such irrigation district be declared disorganized and dissolved, and that its affairs be liquidated and wound up, as provided for in RCW 87.52.010 through 87.52.060, and reciting that at an election of such irrigation district, held as provided in RCW 87.52.010 through 87.52.060, three-fifths of the votes cast contained the words "Disorganize, Yes," and such petition shall be certified to by the directors of said district. They shall also file with said superior court a statement, sworn to by the directors of said irrigation district, showing all outstanding indebtedness of said irrigation district, or if there be no such indebtedness, then the directors shall make oath to that effect. Notice of said application shall be given by the clerk, which notice shall set forth the nature of the application, and shall specify the time and place at which it is to be heard, and shall be published in a newspaper of the county printed and published nearest to said irrigation district, once each week for four weeks, or if no newspaper is published in the county, by publication in the newspaper nearest thereto in the state. At the time and place appointed in the notice, or at any other time to which it may be postponed by the judge, he 87.52.040 [Title 87 RCW—page 68] shall proceed to consider the application, and if satisfied that the provisions of RCW 87.52.010 through 87.52.060 have been complied with he shall enter an order declaring said irrigation district dissolved and disorganized. [1897 c 79 § 4; RRS § 7529. Formerly RCW 87.52.040 and 87.52.050. FORMER PART OF SECTION: 1939 c 149 § 3, part; RRS § 7527-3, part, now codified in RCW 87.52.090.] 87.52.060 Board of directors as trustees—Duties— Records to be delivered to clerk. Upon the disorganization of any irrigation district under the provisions of RCW 87.52.010 through 87.52.060, the board of directors at the time of the disorganization shall be trustees of the creditors and of the property holders of said district for the purpose of collecting and paying all indebtedness of said district, in which actual construction work has been done, and shall have the power to sue and be sued. It shall be the duty of said board of directors, and they shall have the power and authority, to levy and collect a tax sufficient to pay all such indebtedness, which tax shall be levied and collected in the manner prescribed by law for the levying and collection of taxes of irrigation districts. Any balance of moneys of said district remaining over after all outstanding indebtedness and the cost of the proceedings under RCW 87.52.010 through 87.52.060 have been paid shall be divided and refunded to the assessment payers in said irrigation district, to each in proportion to the amount contributed by him to the total amount of assessments collected by said district. Said board of directors shall report to the court from time to time as the court may direct, and upon a showing to the court that all indebtedness has been paid, an order shall be entered discharging said board of directors. Upon the entry of such order said board of directors and all the officers of said district shall deliver over to the clerk of said court all books, papers, records and documents belonging to said district, or under their control as officers thereof: PROVIDED, That nothing herein contained shall be construed to validate or authorize the payment of any indebtedness of said district exceeding the legal limitation of indebtedness specified by law for irrigation districts; or any indebtedness contracted by such irrigation district or its officers without lawful authority. [1897 c 79 § 5; RRS § 7530.] 87.52.060 Assessments, levy and collection of taxes: RCW 87.03.240 through 87.03.305. Powers as to incurring indebtedness: RCW 87.03.475. 1939 ACT 87.52.070 Dissolution when not brought under irrigation for twenty years. Any irrigation district of the state of Washington, now existing or hereafter organized, which has no bonded indebtedness outstanding, and which has been in existence for more than twenty years without having secured the irrigation of any of its lands, may be disorganized and its business and affairs liquidated and wound up in the manner hereinafter provided. [1939 c 149 § 1; RRS § 75271. Formerly RCW 87.52.020, part.] 87.52.070 87.52.080 Petition. A petition signed by twenty-five or more holders of title or evidence of title to lands within said district who shall be qualified electors, reciting the fact that said district has no bonded indebtedness, has been in exist87.52.080 (2008 Ed.) Dissolution of Districts with Bonds ence for more than twenty years, and has secured no irrigation for any of its lands, and praying that said district be disorganized under the provisions of RCW 87.52.070 through 87.52.090, shall be delivered to the secretary of the board of directors of said district or to one of the directors thereof. [1939 c 149 § 2; RRS § 7527-2. Formerly RCW 87.52.020, part.] 87.52.090 Election—Procedure when three-fifths vote for disorganization. Upon the delivery of said petition, as aforesaid, the board of directors of said district, the secretary thereof, and all other officials provided by law, shall call, notice, conduct and canvass an election, and if three-fifths of the votes cast at said election are in favor of the disorganization of the district, shall proceed with the disorganization of the district, all in the manner, with the same powers and with the same force and effect and in accordance with RCW 87.52.030 through 87.52.060. [1939 c 149 § 3; RRS § 75273. Formerly RCW 87.52.030, part and 87.52.040, part.] 87.52.090 87.52.150 Disposal of real property—Right of adjacent owners. See RCW 87.03.820. 87.52.150 Chapter 87.53 RCW DISSOLUTION OF DISTRICTS WITH BONDS Chapter 87.53 87.53.070 87.53.020 Bondholders’ consent necessary—Offer to buy district property. The acknowledged uniform written consent of one hundred percent of the holders of bonds may provide for cancellation of part of the bonds and for the manner and terms of payment of the balance. The bondholders may also make a firm offer for all property and rights of the district, except property in the district sold for taxes and district assessments, to be paid for by turning over for cancellation an appropriate amount in bonds with accrued interest. [1951 c 237 § 2.] 87.53.020 87.53.030 Petition for dissolution. At least one-third of the electors of the district shall sign and file with the auditor a petition, reciting the substance of the uniform text of the bondholders’ consent, that the consent has been filed, and praying that the district be dissolved and its affairs liquidated. [1951 c 237 § 3. Prior: 1899 c 102 § 3; RRS § 7533.] 87.53.030 87.53.040 Election to be called. The board of commissioners of the county shall at their present or next regular meeting, call an election to submit to the electors of the district the question of whether the district shall be so dissolved. They shall direct the auditor to give notice of the election and shall appoint the election officials. [1951 c 237 § 4. Prior: 1899 c 102 § 5; RRS § 7535.] 87.53.040 87.53.050 Manner of calling, noticing, conducting election—Ballot—Qualification of electors. The election shall be called upon the same notice and conducted in like manner as other elections of the district: PROVIDED, That when the bondholder’s consent to dissolution provides for an adjustment of the bonded debt and/or the terms and method of its payment the notice of election shall recite the substance thereof. The ballot shall contain the words "For dissolution, Yes" and "For dissolution, No." No person not a qualified elector under the general election laws and a freeholder of the district shall be deemed a qualified elector under this chapter. [1951 c 237 § 5. Prior: 1899 c 102 § 4; RRS § 7534.] 87.53.050 Sections 87.53.001 87.53.010 87.53.020 87.53.030 87.53.040 87.53.050 87.53.060 87.53.070 87.53.080 87.53.090 87.53.100 87.53.110 87.53.120 87.53.130 87.53.140 87.53.150 87.53.200 Actions subject to review by boundary review board. Dissolution authorized—Consent of bondholders recorded. Bondholders’ consent necessary—Offer to buy district property. Petition for dissolution. Election to be called. Manner of calling, noticing, conducting election—Ballot— Qualification of electors. Election returns, effect—Records to auditor. Transcript of proceedings—Financial statement. Proceedings docketed in court—Notice to file claims—Claims barred, when. Determination of claims—Court order—Appeal. Trustee—Appointment—Compensation—Bond. Sale of district assets. Report of sale—Rights of purchasers. Order of dissolution—Effect. Assessments for unpaid obligations. State’s consent to dissolution. Disposal of real property—Right of adjacent owners. Dissolution of inactive special purpose districts: Chapter 36.96 RCW. 87.53.001 Actions subject to review by boundary review board. Actions taken under chapter 87.53 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 68.] 87.53.001 87.53.010 Dissolution authorized—Consent of bondholders recorded. An irrigation district may be dissolved and its affairs liquidated as herein prescribed. If there are outstanding bonds of the district the acknowledged uniform consent in writing of at least two-thirds in amount of the holders of the bonds must be recorded in the office of the auditor of the county in which the district board has its office. [1951 c 237 § 1. Prior: 1899 c 102 §§ 1, 2; RRS §§ 7531, 7532.] District elections: RCW 87.03.030 through 87.03.110. Qualification of voters: RCW 87.03.045. 87.53.060 Election returns, effect—Records to auditor. The election officials shall file with the auditor the returns within ten days of the election, and at their next meeting the commissioners shall canvass the returns, and if a majority of the votes cast favor dissolution, the commissioners shall declare the election carried. All records of the district shall, upon demand, be delivered to the auditor. [1951 c 237 § 6. Prior: 1899 c 102 § 6; RRS § 7536.] 87.53.060 87.53.010 Reviser’s note: For prior laws on this subject see 1899 c 102; RRS §§ 7531-7543. (2008 Ed.) 87.53.070 Transcript of proceedings—Financial statement. The auditor shall deliver to the county clerk a certified copy of the transcript of the proceedings of the commissioners on the matter together with a statement of the district’s cash assets, segregated as to the bond fund and the total of all other funds, and a statement of the debts of the district as they appear on the records, taking into account any reduction in bond debt offered by the bondholders in their consent to dissolution; also a general inventory of the district property 87.53.070 [Title 87 RCW—page 69] 87.53.080 Title 87 RCW: Irrigation segregated only as to main classes, together with any offer for same submitted in the bondholders’ consent to dissolution. [1951 c 237 § 7. Prior: 1899 c 102 § 7; RRS § 7537.] 87.53.080 87.53.080 Proceedings docketed in court—Notice to file claims—Claims barred, when. The clerk shall docket the proceedings entitled "In the matter of the dissolution of . . . . . . irrigation district," and the court shall direct the clerk to give notice thereof. The notice shall contain a general statement of the nature of the proceedings, and notify all persons having claims against the district to present them on or before a day specified therein, and shall be published once a week for at least six weeks in a newspaper of general circulation in the county. Any claim not so filed shall be barred. [1985 c 469 § 91; 1951 c 237 § 8. Prior: 1899 c 102 § 8; RRS § 7538.] Official paper for publication: RCW 87.03.020. 87.53.090 87.53.090 Determination of claims—Court order— Appeal. If the court finds that the provisions of this chapter have been complied with, it shall then determine the validity and amount of the claims so filed. No claim barred by the statute of limitations shall be allowed. It shall separately determine the validity and amount of outstanding bonds with accrued interest, making allowances for any offer of adjustments contained in the bondholders’ consent to dissolution, and shall order that all cash in the district’s bond fund together with the proceeds from a sale of all the property and rights of the district shall be first applied to the redemption of outstanding bonds with interest; that other cash funds of the district be applied on payment of valid unsecured claims, and the remainder on the redemption of any balance of outstanding bonds with interest. The court shall further order that in the event the district’s cash funds together with proceeds from the sale of district property and rights shall prove insufficient to discharge all valid obligations of the district, one or more annual assessments shall be made against the assessable property in the district, as herein provided, sufficient in amounts to discharge all valid debt. The district or any person affected by the judgment may appeal therefrom within ten days of the entry of judgment. [1951 c 237 § 9. Prior: 1899 c 102 § 9; RRS § 7539.] 87.53.100 87.53.100 Trustee—Appointment—Compensation— Bond. Upon the entry of final judgment, the court shall issue an order appointing a trustee for the district and shall deliver to him a certified copy of the order. The court shall fix the compensation of the trustee and the amount of his bond to be obtained at the cost of the district. [1951 c 237 § 10. Prior: 1899 c 102 § 10, part; RRS § 7540, part.] 87.53.110 87.53.110 Sale of district assets. The trustee shall give notice that all the property and rights of the district, except property in the district sold for taxes or district assessments, will be sold pursuant to order of the court. The notice shall be given in the same manner and for the same time as for sale of real property on execution, except that it need not be posted. The sale shall be made at public auction at the front door of the courthouse and may be adjourned from time to time not [Title 87 RCW—page 70] exceeding three weeks in all, by public announcement at the time and place of the sale. Any claim established by the previous judgment of the court or any securities of the district may be accepted at face value on the purchase price: PROVIDED, That any offer made in the bondholders’ written consent to dissolution shall be considered a bid and shall be accepted in the absence of a better offer. No bid shall be considered nor shall any sale be made for less than all the property and rights of the district. The trustee shall forthwith disburse the cash funds of the district in accordance with the order of the court. [1951 c 237 § 11. Prior: 1899 c 102 § 10, part; RRS § 7540, part.] Executions: Chapter 6.17 RCW. 87.53.120 Report of sale—Rights of purchasers. The trustee shall file with the clerk a report of the disposition made of the cash funds and of the sale and if the court finds the sale was fairly conducted, it shall enter an order confirming the sale, and the trustee shall execute and deliver to the purchaser an instrument conveying to him all property and rights of the district, free from all claims of the district or its creditors, which shall entitle the purchaser to immediate possession. [1951 c 237 § 12. Prior: 1899 c 102 § 11; RRS § 7541.] 87.53.120 87.53.130 Order of dissolution—Effect. Upon verification of the disposition of the cash funds and confirmation of the sale the court shall enter an order dissolving the district and discharging the trustee, and a certified copy of the order shall be recorded in the office of the auditor. Thereupon the district shall cease to exist, except for the purpose of collecting its indebtedness. All records of the proceedings shall be delivered to the auditor. [1951 c 237 § 13. Prior: 1899 c 102 § 13; RRS § 7543.] 87.53.130 87.53.140 Assessments for unpaid obligations. Upon the dissolution of the district the county commissioners shall determine from the records the remaining bond and other indebtedness of the district, and shall determine the proper number of annual assessments, not over five, necessary to discharge the debt. They shall cause the county assessor to prepare the annual assessment roll for the lands in the district, based upon the acreages shown on the last district assessment roll. The commissioners shall levy annual assessments, not exceeding five, upon all property in the district assessed for the bond fund on the district’s last assessment roll and according to the ratios of benefits there shown, sufficient to pay any remaining claims, including bonds. They shall levy and equalize the assessments, after the same notice of hearing as are required of district directors on irrigation assessments. The county auditor shall perform the duties of the secretary of the district and the county treasurer shall be ex officio treasurer of the district and shall collect the assessments. In all other respects the general irrigation district laws shall govern. Any funds remaining after all assessments have been collected and all indebtedness and costs liquidated shall be paid over to the bondholders in cases where they have accepted a compromise settlement. Otherwise the surplus shall be distributed as by law provided. [1951 c 237 § 14. Prior: 1899 c 102 § 12; RRS § 7542.] 87.53.140 (2008 Ed.) Dissolution of Insolvent Districts General irrigation district laws: Chapter 87.03 RCW. 87.53.150 State’s consent to dissolution. Whenever any bonds of the district are held in the state reclamation revolving account, and, in the opinion of the director of ecology, the district is or will be unable to meet its obligations, and that the state’s investment can be best preserved by the dissolution of the district the director may give his consent to dissolution under such stipulations and adjustments of the indebtedness as he deems best for the state. [1988 c 127 § 62; 1951 c 237 § 15.] 87.53.150 87.53.200 Disposal of real property—Right of adjacent owners. See RCW 87.03.820. 87.53.200 Chapter 87.56 RCW DISSOLUTION OF INSOLVENT DISTRICTS Chapter 87.56 Sections 87.56.001 87.56.010 87.56.020 87.56.030 87.56.040 87.56.050 87.56.060 87.56.065 87.56.100 87.56.160 87.56.170 87.56.180 87.56.190 87.56.200 87.56.203 87.56.205 87.56.210 87.56.225 87.56.230 87.56.240 87.56.260 87.56.900 87.56.910 Actions subject to review by boundary review board. When district insolvent—Election to dissolve. Majority vote—Action for dissolution. Powers of court. Service of process. Complaint—Contents. Notice of hearing—Publication. Hearing—Decree—Receiver. Unmatured claims—Acceleration. Liquidation—Assessments to pay remaining debts. Judgment upon stipulation—Payment. Trustee for creditors—Bond—Duties. Enforcement of judgment. Distribution of funds—Court to retain jurisdiction. Compensation of trustee. Judgment upon stipulation—Prerequisites. Judgment upon stipulation—Evidences of indebtedness to be canceled. Appellate review. Final report of receiver—Apportionment of excess assets— Decree of dissolution. Decree to be filed in each county. Disposal of real property—Right of adjacent owners. Chapter alternative method—Saving. Construction—1925 ex.s. c 124. Dissolution of inactive special purpose districts: Chapter 36.96 RCW. 87.56.001 Actions subject to review by boundary review board. Actions taken under chapter 87.56 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 69.] 87.56.001 87.56.010 When district insolvent—Election to dissolve. In all instances where fifty percent of the acreage within an irrigation district has been sold to the district on account of delinquent district assessments, and more than one year has elapsed since the sale of said property to the district without redemption by the owners thereof, and the district is unable to raise sufficient revenue to meet its obligations when the same become due and payable, such district shall be deemed insolvent and the district board shall have authority to call an election in the district to determine whether the district shall discontinue operation and dissolve: PROVIDED, That in case there are bonds of the district outstanding, written consent of the holders of at least fifty-one percent in amount of such outstanding bonds shall be obtained by the district board before calling said election: PROVIDED, FURTHER, That if any portion of such outstanding bonds are 87.56.010 (2008 Ed.) 87.56.050 owned by the state of Washington the board of directors of such district shall give written notice to the director of ecology of the intention of the board of directors to call such election, and unless the director of ecology shall sign written objection to the calling of such election within ten days after the giving of such notice the state shall be deemed as consenting thereto. Said election shall be called, shall be conducted and the results canvassed in the same manner substantially provided by law for a bond election in the district. [1988 c 127 § 63; 1931 c 60 § 11; 1925 ex.s. c 124 § 1; RRS § 7543-1.] Bonds, election for: RCW 87.03.200. 87.56.020 Majority vote—Action for dissolution. If a majority of the votes cast at said election is in favor of dissolution of the district, the district board shall institute an action in the superior court of the county in which the office of the board is located to determine the indebtedness of the district and to adopt a plan of appropriating the available resources of the district to the satisfaction of such indebtedness as in this chapter provided. [1925 ex.s. c 124 § 2; RRS § 7543-2.] 87.56.020 87.56.030 Powers of court. The superior court in the exercise of its jurisdiction in matters of this kind shall have full authority to determine the indebtedness of the district and to determine the status and priorities thereof in accordance with the laws of the state relating to irrigation districts, shall have power to apportion the obligation of such indebtedness against the district and the several lands included therein; the court may award process and cause to come before it all persons whom it may deem necessary to examine and have and cause to be issued all such writs as may be proper or necessary, and do all things proper or incidental to the exercise of such jurisdiction. [1925 ex.s. c 124 § 3; RRS § 7543-3.] 87.56.030 87.56.040 Service of process. Such action shall be one in rem and personal service of process shall not be required to be made on any interested person: PROVIDED, That the court shall be authorized in proper instances to order issuance and personal service of process specifying such time for appearance as the court shall require, AND PROVIDED FURTHER, That any owner of land within the district or any creditor of the district or their respective attorneys may file with the receiver provided for in this chapter, a written request that his name and address be placed on the receiver’s mailing list and thereafter the receiver shall mail to such person at his given address at least ten days’ written notice of all subsequent hearings before the court. Personal service of said notice may be made in any instance in lieu of mailing at the option of the receiver. [1925 ex.s. c 124 § 4; RRS § 7543-4.] 87.56.040 87.56.050 Complaint—Contents. The complaint in said action shall recite the holding of the election and the result thereof and shall give in general terms a summary of the district assets and the amount and character of its obligations and the maturities thereof; shall state that the district desires to discontinue operation and dissolve its corporate existence and shall pray that the court take the necessary steps to effect such an object. [1925 ex.s. c 124 § 5; RRS § 7543-5.] 87.56.050 [Title 87 RCW—page 71] 87.56.060 Title 87 RCW: Irrigation 87.56.060 Notice of hearing—Publication. The court shall thereupon fix a time and place for a hearing of the complaint and notice of the hearing shall be published once a week for two successive weeks in a newspaper of general circulation in each county in which any lands in the district are located. [1985 c 469 § 92; 1925 ex.s. c 124 § 6; RRS § 75436. FORMER PART OF SECTION: 1925 ex.s. c 124 § 7; RRS § 7543-7, now codified as RCW 87.56.065.] 87.56.060 87.56.065 Hearing—Decree—Receiver. At the time and place fixed in the notice the court shall hear the objections of interested persons and shall determine whether the district is insolvent within the provisions of this chapter and whether the district shall be dissolved. If the court concludes that the district shall not dissolve, the court shall so find and dismiss the action. If the court concludes that the district should be dissolved, the court shall appoint a receiver to take charge of the district assets and to perform such other duties as may be required by the court or by law. [2004 c 165 § 45; 1925 ex.s. c 124 § 7; RRS § 7543-7. Formerly RCW 87.56.060, part.] 87.56.065 Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005. 87.56.100 Unmatured claims—Acceleration. If the owner or holder of a claim of indebtedness against the district not yet due or matured files a claim in any case in which a receiver is appointed under RCW 87.56.065, the maturity of the indebtedness owing to the person by the district shall be accelerated to such date as the court shall determine upon. [2004 c 165 § 46; 1925 ex.s. c 124 § 12; RRS § 7543-12.] 87.56.100 Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005. 87.56.160 Liquidation—Assessments to pay remaining debts. In the execution of a plan of liquidation, the court shall have authority to order the sale of any or all of the district property or the exchange of any of the district property for any evidence of district indebtedness in accordance with the rights of the district and of all the creditors concerned, and if upon the exhaustion of the district property in the payment of the district indebtedness including the costs of dissolution and receivership proceedings, any district indebtedness remain undischarged, the court shall have authority to order district assessments against the lands included within the operation of the district to continue to be made in accordance with the rights of the persons interested in the manner provided by law to pay the remaining indebtedness until sufficient revenue has been raised to pay fully all the obligations of the district. [1925 ex.s. c 124 § 21; RRS § 7543-21.] 87.56.160 Assessments, levies: RCW 87.03.240 through 87.03.305. 87.56.170 Judgment upon stipulation—Payment. Upon stipulation of the owners of lands within the district, and holders of bond liens against said lands, and the district creditors concerned, the court shall have authority in such proceedings in lieu of the plan of liquidation set forth in RCW 87.56.160, to determine the amount of the district indebtedness remaining after the exhaustion of the district property and the proportion thereof which each ownership of land within the district shall be obligated to pay, and judg87.56.170 [Title 87 RCW—page 72] ment may be rendered in favor of the respective creditors against the several lands concerned. Said judgment may in the discretion of the court provide that the payment thereof shall be made by the landowners in one or more annual installments not to exceed ten in all with annual interest on all unpaid installments at such rate as the court shall fix not in excess of the rate to which the respective creditors may be entitled in their original evidences of indebtedness. [1925 ex.s. c 124 § 22; RRS § 7543-22. FORMER PART OF SECTION: 1925 ex.s. c 124 § 27; RRS § 7543-27, now codified as RCW 87.56.205.] Prerequisite to judgment upon stipulation: RCW 87.56.205. 87.56.180 Trustee for creditors—Bond—Duties. The judgment shall also name a trustee to be nominated by the creditors representing a majority of the indebtedness who shall give bond conditioned for the faithful performance of his duties and the strict accounting of all funds received by him in such amount as the court shall determine, and who shall have authority to receive payment on account of said judgment and to satisfy said judgment against the several lands at the time payment thereon is made by the landowners in proportion to the amount of said payment. When any landowner shall make full payment of the amount of the judgment apportioned against his land, he shall be entitled to full satisfaction thereof of record. [1925 ex.s. c 124 § 23; RRS § 7543-23.] 87.56.180 87.56.190 Enforcement of judgment. In case any landowner fails to pay the judgment against his land or any installment thereof, when the same shall become due and payable, said judgment may be enforced by the trustee named in the decree in the manner provided by law for the enforcement of judgments in the superior court, and the costs of execution and sale shall be charged to the defaulting land. [1925 ex.s. c 124 § 24; RRS § 7543-24.] 87.56.190 Enforcement of judgments: Title 6 RCW. 87.56.200 Distribution of funds—Court to retain jurisdiction. The trustee named in the decree shall make distribution of all funds collected on account of said decree in such manner as the creditors shall agree upon, or in case of disagreement, then in such manner as the court shall direct, and jurisdiction of the court in the dissolution proceedings shall continue until full disbursement of funds collected on account of said judgment has been made to the judgment creditors. [1925 ex.s. c 124 § 25; RRS § 7543-25.] 87.56.200 87.56.203 Compensation of trustee. The trustee named in the decree shall receive such compensation for his services as the court shall determine to be paid at such times as the court shall fix from funds collected on account of said judgment. [1925 ex.s. c 124 § 26; RRS § 7543-26. Formerly RCW 87.56.220.] 87.56.203 87.56.205 Judgment upon stipulation—Prerequisites. Before the court shall enter judgment upon stipulation of the parties as in this chapter provided, the creditors concerned shall file all evidences of district indebtedness held by them into the registry of the court to be held subject to the 87.56.205 (2008 Ed.) Adjustment of Irrigation, Diking, and Drainage District Indebtedness order of the court. [1925 ex.s. c 124 § 27; RRS § 7543-27. Formerly RCW 87.56.170, part.] 87.64.020 repeal any other statute or statutes. [1925 ex.s. c 124 § 32; RRS § 7543-32.] Judgment upon stipulation—Payment: RCW 87.56.170. 87.56.910 Construction—1925 ex.s. c 124. Nothing in this chapter contained shall be construed to enlarge, abridge, modify or otherwise affect the rights, privileges or obligations of solvent districts, the lands therein or creditors thereof. [1925 ex.s. c 124 § 33; RRS § 7543-33.] 87.56.910 87.56.210 Judgment upon stipulation—Evidences of indebtedness to be canceled. If the judgment rendered by the court, upon stipulation, be not appealed from as in this chapter provided and the time for appeal has expired, or having been appealed from has been finally determined upon appeal, the court shall upon application of the receiver, order all evidences of indebtedness filed in the registry of the court under the provisions relating to judgment upon stipulation to be delivered to the office of the county treasurer, who shall have authority and it shall be his duty to cancel the same, and said evidences of indebtedness shall thereafter cease to be obligations of the district, and the district thereafter shall be discharged of said indebtedness. [1925 ex.s. c 124 § 28; RRS § 7543-28.] 87.56.210 87.56.225 Appellate review. Any interested person feeling aggrieved at the judgment of the superior court dismissing the proceedings or determining the indebtedness of the district and the status and priority thereof and determining the plan of liquidation, may seek appellate review of such judgment in the same manner as in other cases in equity, except that notice of appeal must be both served and filed within sixty days from the entry thereof. [1988 c 202 § 89; 1971 c 81 § 174; 1925 ex.s. c 124 § 29; RRS § 7543-29. Formerly RCW 87.56.250.] 87.56.225 Severability—1988 c 202: See note following RCW 2.24.050. 87.56.230 Final report of receiver—Apportionment of excess assets—Decree of dissolution. When all district indebtedness has been discharged as in this chapter provided, and all expenses of the dissolution proceedings have been paid, the receiver shall report such fact to the court with a full account of all assets and moneys received and disbursed. The court shall examine said report and if found satisfactory shall approve the same; shall order any funds remaining after the payment of all indebtedness apportioned to the several owners of land within the district in accordance with the ratio of the last assessment roll of the district, and shall enter a decree dissolving and annulling the district, which shall thereafter cease to exist as a corporate entity. [1925 ex.s. c 124 § 30; RRS § 7543-30.] 87.56.230 87.56.240 Decree to be filed in each county. A copy of said decree shall be filed for record forthwith by the receiver in the office of the county auditor and in the office of the county assessor, of the counties in which any of the lands within the district are situated, and said decree shall be recorded by each of said offices without charge of fee. [1925 ex.s. c 124 § 31; RRS § 7543-31.] 87.56.240 87.56.260 Disposal of real property—Right of adjacent owners. See RCW 87.03.820. Chapter 87.64 RCW ADJUSTMENT OF IRRIGATION, DIKING, AND DRAINAGE DISTRICT INDEBTEDNESS Chapter 87.64 Sections 87.64.010 87.64.020 87.64.040 87.64.060 87.64.070 State authorized to adjust indebtedness—When state owns entire bond issue. State authorized to adjust indebtedness—When state owns part of bond issue. Claim for moneys expended may be settled and compromised. Cancellation of district’s assessments and taxes. Powers of district. 87.64.010 State authorized to adjust indebtedness— When state owns entire bond issue. Whenever the state shall now or hereafter own, the entire issue of the bonds of any irrigation, diking or drainage district, and in the judgment of the director of ecology such district is, or will be, unable to meet its obligations to the state as they mature, and in the judgment of the director of ecology the investment of the state can be made more secure by extending, without refunding, the time of payment of any or all said bonds and interest payments, or by the exchange of the bonds held by the state for refunding bonds of such district issued as in the manner provided by law at the same or a lower rate of interest and/or for a longer term, or by the cancellation of a portion of the bonds held by the state and/or interest accrued thereon, and the exchange of the remaining bonds held by the state for the refunding bonds of the district issued in the manner provided by law at the same or a lower rate of interest and/or for the same or a longer term, the director of ecology shall be and is hereby authorized and empowered to enter into contract with the district so extending the time of payment of said bonds and interest payments, without refunding or to so exchange the bonds held by the state for such refunding bonds or to cancel a portion of the bonds held by the state and/or interest accrued thereon, and exchange the remaining bonds held by the state for such refunding bonds as in his judgment will be for the best interest of the state. [1983 c 167 § 243; 1941 c 39 § 1; 1929 c 121 § 2; Rem. Supp. 1941 § 7530-41. FORMER PART OF SECTION: 1941 c 39 § 3, part, last am’ds 1929 c 121 § 3; Rem. Supp. 1941 § 7530-42, part, now codified in RCW 87.64.020.] 87.64.010 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Dissolution: Chapter 87.53 RCW. Refunding bonds: Chapters 87.19 and 87.22 RCW. 87.56.260 87.56.900 Chapter alternative method—Saving. This chapter is designed to provide an alternative method for the dissolution of irrigation districts and shall not be deemed to 87.56.900 (2008 Ed.) 87.64.020 State authorized to adjust indebtedness— When state owns part of bond issue. Whenever the state shall, now or hereafter, own a portion of the bonds of any irrigation, diking or drainage district, and in the judgment of the director of ecology such district is, or will be, unable to meet 87.64.020 [Title 87 RCW—page 73] 87.64.040 Title 87 RCW: Irrigation its obligations as they mature, and in the judgment of the director of ecology the investment of the state can be made more secure by extending, without refunding, the time of payment of any or all said bonds and interest payments or by exchanging the bonds held by the state for the refunding bonds of the district issued in the manner provided by law at the same or a lower rate of interest and/or for a longer term, or by the cancellation of a portion of the bonds held by the state and/or interest accrued thereon, and the exchange of the remaining bonds held by the state for the refunding bonds of the district issued in the manner provided by law at the same or a lower rate of interest and/or for a longer term, the director of ecology shall be and is hereby authorized and empowered to enter into contract with the district so extending the time of payment of said bonds and interest payments, without refunding, or to so exchange the bonds held by the state for such refunding bonds or to cancel a portion of the bonds held by the state and/or interest accrued thereon, and exchange the remaining bonds held by the state for such refunding bonds as in his judgment will be for the best interest of the state: PROVIDED, That the owners of at least ninety percent of all the other bonds of said district shall make and execute the same arrangement with the district: AND PROVIDED FURTHER, That when, in addition to owning a portion of the first issue of bonds of any such irrigation, diking or drainage district, the state also owns all the outstanding second issue of bonds of such district, the director of ecology shall be and he is hereby authorized and empowered to surrender and cancel said second issue of bonds held by the state upon whatsoever terms and conditions he shall deem to the best interest of the state: AND PROVIDED FURTHER, That whenever the owners of at least ninety percent of all other bonds of such district and/or other evidences of indebtedness are willing to release their existing obligations against said district and to substitute therefor a contract to pay such existing indebtedness in whole or in part from the proceeds of the sale of lands owned by the district at the time of such settlement, or acquired by the district through levies then existing, the director of ecology shall be and he is hereby authorized and empowered to cancel the bonds held by the state upon whatsoever terms that he shall deem most beneficial for the state, or if deemed beneficial to the state, he may release the state’s bonds and join with the other holders in the above mentioned contract for the sale of the district land as hereinbefore stated: AND PROVIDED FURTHER, That the director of ecology be and he is hereby authorized to accept in any settlement made under this chapter, refunding bonds of any irrigation district that may be issued in accordance with chapter 87.22 RCW, or any amendment thereto, and he is hereby authorized, when in his judgment it is to the interest of the state, to participate in the refunding of bonds of an irrigation district held under said chapter 87.22 RCW, or any amendment thereto. [1983 c 167 § 244; 1941 c 39 § 3; 1931 c 43 § 1; 1929 c 121 § 3; Rem. Supp. 1941 § 7530-42. Formerly RCW 87.64.010, part, 87.64.020, and 87.64.030.] contract with an irrigation, diking or drainage district and shall have expended moneys under said contract, and said district shall be indebted to the state for the moneys so expended, and in the judgment of the director of ecology said district shall have not received benefits equal to the amount of said indebtedness, the director of ecology shall be and is hereby authorized and empowered to settle and compromise the claim of the state against said district upon such terms and for such an amount as he shall deem fair and just to the state and the district. [1988 c 127 § 64; 1941 c 39 § 2; 1929 c 121 § 4; Rem. Supp. 1941 § 7530-43.] 87.64.060 Cancellation of district’s assessments and taxes. Whenever the director of ecology shall find any irrigation district is, or will be unable to meet its obligations and that refunding operations under this chapter are necessary, and that as a part of such refunding operations the cancellation of assessments and county taxes on the irrigation system and the irrigable lands in such district then delinquent, is necessary, the board of county commissioners of the county in which such irrigation district is situated may, upon request of the director of ecology, cancel any or all delinquent assessments and county taxes levied upon the irrigable lands in such district and all county taxes levied upon the irrigation system of such district, if such board shall find that such irrigation district is or will be unable to meet its obligations and such refunding operations are necessary, of which the report of the director of ecology shall be prima facie evidence. [1988 c 127 § 65; 1929 c 121 § 5; RRS § 7530-44.] 87.64.060 87.64.070 Powers of district. Any irrigation, diking or drainage district now or hereafter coming within the provisions of this chapter shall be and it is hereby authorized and empowered to enter into contracts, issue evidences of indebtedness and otherwise carry out on its part the provisions of this chapter. [1941 c 39 § 4; Rem. Supp. 1941 § 7530-45. Formerly RCW 87.64.050.] 87.64.070 Chapter 87.68 Chapter 87.68 RCW DISTRICTS UNDER CONTRACT WITH UNITED STATES Sections 87.68.010 87.68.020 87.68.030 87.68.040 87.68.050 87.68.060 87.68.070 87.68.090 87.68.100 87.68.110 87.68.120 87.68.130 87.68.140 Resolution to fix time of paying assessments. Discount on advance payments. Meeting of board of equalization—Resolution—Notice. Assessment rolls, resolution, to county treasurers. Payment and collection of assessments. Certain elections—Districts of two hundred thousand acres— Notice of election. Deposit of funds in bank of board of control’s choice. Security for deposits. Audit of board’s records. Costs, assessments for—Special funds—Investment of. Contract for use of canal. Contract with board to operate works. Disposal of property authorized—Board may sue and be sued. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Acquisition, construction and operating funds—Tolls and assessments, alternative methods of—Liens, foreclosure of—Delinquencies by tenants: RCW 87.03.445. 87.64.040 Claim for moneys expended may be settled and compromised. Whenever the department of ecology shall have heretofore entered, or shall hereafter enter, into a Board’s powers and duties generally (contracts with state and United States): RCW 87.03.140. 87.64.040 [Title 87 RCW—page 74] Bonds, election for (when contracts with United States): RCW 87.03.200. (2008 Ed.) Districts Under Contract with United States Cancellation of assessments due United States—Procedure: RCW 87.03.280. Certain purposes for which district may be formed: RCW 87.03.010(5). Indemnity to state on land settlement contracts: Chapter 87.48 RCW. Levies and assessments (for state or United States): RCW 87.03.260 through 87.03.280. L.I.D.’s—Contract with state or United States for local improvement work: RCW 87.03.520. Payment of bonds and interest (to state and United States): RCW 87.03.215. Proposed works—Reclamation service may make findings: RCW 87.03.185. Rights of federal agencies as to certain district bonds: RCW 87.03.235. 87.68.010 Resolution to fix time of paying assessments. At the option of the board of directors assessments of irrigation districts in this state under contract with the United States involving payments thereto for the development and operation of their respective projects shall be payable on or before December 31st of the year in which the assessment is levied and upon the resolution of the board of directors of the district to that effect, adopted and entered at a regular meeting thereof not later than the second Tuesday of September of the year in which the levy is made. Such resolution shall thereafter remain in full force and effect until revoked by the board. [1941 c 141 § 1; Rem. Supp. 1941 § 7525-13.] 87.68.010 Severability—1941 c 141: "If any section, provision or part of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or of any section, provision, or part thereof not adjudged invalid or unconstitutional." [1941 c 141 § 7.] Construction—1941 c 141: "Nothing in this act contained shall be held or construed to modify, abridge or extend any other law or provision thereof relating to irrigation district assessments or the collection thereof except as herein provided." [1941 c 141 § 6.] 87.68.020 Discount on advance payments. In the event of the adoption and entering of such resolution by the board of directors, a person paying all or one-half of the current district assessment against any tract of land on or before December 31st of the year in which said assessment is levied shall be entitled to a discount of ten percent of said assessment if paid in full and ten percent of one-half of said assessment if one-half only is paid. In the event one-half of said assessment is paid on or before December 31st as aforesaid, the payer of the second half of said assessment shall be entitled to a discount of ten percent of the amount of said second half of said assessment if the same is paid on or before May 31st, next following the December payment. No discount shall be made for payment of district assessments except as herein specifically provided. [1941 c 141 § 2; Rem. Supp. 1941 § 7525-14.] 87.68.020 Severability—Construction—1941 c 141: See notes following RCW 87.68.010. 87.68.030 Meeting of board of equalization—Resolution—Notice. Said board of directors shall adopt and enter a resolution fixing the day, hour, and place when and where the board will convene as a board of equalization to equalize the assessment roll and a copy of the resolution adopting December 31st as the day on or before which assessments shall be paid, together with a notice signed by the secretary stating the day, hour, and place of the meeting of the board of equalization, shall be published for two consecutive weekly issues prior to the day of the convening of the board of equalization 87.68.030 (2008 Ed.) 87.68.060 in some newspaper of general circulation in the district to be previously designated by the district board. [1941 c 141 § 3; Rem. Supp. 1941 § 7525-15.] Severability—Construction—1941 c 141: See notes following RCW 87.68.010. 87.68.040 Assessment rolls, resolution, to county treasurers. The officers of said district shall cause said assessments to be made, levied and equalized and the assessment roll and any parts thereof to be delivered to the proper county treasurers on or before December 10th of said year and upon receipt of a certified copy of said resolution adopting December 31st as the day on or before which assessments shall be paid, the county officers charged with the collection of irrigation district assessments shall be authorized and it shall be their duty respectively to collect the same in accordance with the provisions of RCW 87.68.010 through 87.68.050 and of said resolution and to account for collections in the manner provided by the irrigation district law. [1941 c 141 § 4; Rem. Supp. 1941 § 7525-16.] 87.68.040 Severability—Construction—1941 c 141: See notes following RCW 87.68.010. Assessments and levies: RCW 87.03.240 through 87.03.305. Claims, how paid, etc.: RCW 87.03.440. 87.68.050 Payment and collection of assessments. Irrigation district assessments levied and becoming payable under the provisions of RCW 87.68.010 through 87.68.050 shall be payable on and after December 10th next following the levy and except as in RCW 87.68.010 through 87.68.050 otherwise provided shall become delinquent, shall be collected by the same officials and lands charged with said assessments shall be sold when delinquent; all at the same times in the same manner with the same kind and length of notice and with the same force, effect, obligations, and privileges as provided by the irrigation district law generally for the collection of assessments, and for the sale and redemption of lands charged with delinquent district assessments. [1941 c 141 § 5; Rem. Supp. 1941 § 7525-17.] 87.68.050 Severability—Construction—1941 c 141: See notes following RCW 87.68.010. Assessments, sale, redemption: RCW 87.03.240 through 87.03.475. 87.68.060 Certain elections—Districts of two hundred thousand acres—Notice of election. In any election called and held in an irrigation district organized and existing under the laws of this state, comprising two hundred thousand or more acres of land within its boundaries, for the purpose of voting on any proposed contract between the district and the United States or any agency thereof where the proposed contract is to include a provision in accordance with the fourth proviso in section 1(b) of the act of congress of May 27, 1937 (50 Stat. 208), the notice of said election shall state, in addition to the other matters and things required by law relating to elections in such districts, that the proposed contract shall include a provision in accordance with the fourth proviso in section 1(b) of the act of congress of May 27, 1937 (50 Stat. 208), and shall also set forth the provisions of section 1(a) and (b) of said federal act. [1939 c 190 § 1; RRS § 7402-283.] 87.68.060 [Title 87 RCW—page 75] 87.68.070 Title 87 RCW: Irrigation Qualification of voters: RCW 87.03.045. 87.68.070 Deposit of funds in bank of board of control’s choice. Funds in the custody of the board of control of the Sunnyside Division, Yakima Project, or any similar board created or operated by contract or otherwise under or pursuant to the federal reclamation laws, or acting as operating agent for the United States and/or irrigation districts of this state or of other states, may be deposited on general deposit in any one or more banks in this state which such board of control may designate. All such deposits shall be made in the name of the board and be subject to payment on demand on the check of any officer or agent fully authorized and designated by such board. The board of control of the Sunnyside Division, Yakima Project, referred to herein, is the board of control created by the respective contracts entered into by and between the United States of America and the Sunnyside Valley Irrigation District and other irrigation districts of the Sunnyside Division of the Yakima Project, in the state of Washington, under the provisions of the act of congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all generally referred to as the federal reclamation laws. [1945 c 163 § 1; Rem. Supp. 1945 § 752540. FORMER PART OF SECTION: 1947 c 265 § 2, part; 1945 c 163 § 7, part; Rem. Supp. 1945 § 7525-46, part, now codified in RCW 87.68.140. Formerly RCW 87.68.070 and 87.68.080.] 87.68.070 87.68.090 Security for deposits. Upon the designation of any bank by the board of control as in RCW 87.68.070 through 87.68.140 provided, the bank shall furnish security for any deposits by mortgage, pledge or hypothecation of bank assets or otherwise in such manner as may be agreed upon between the board of control and the bank, or in lieu thereof, the bank shall file with the board of control a surety bond to such board of control, properly executed by some reliable surety company qualified under the laws of this state to do business therein, in the maximum amount of deposits designated by said board to be carried in such bank, conditioned for the prompt and faithful payment thereof on checks drawn by the officer or agent fully authorized and designated by such board. [1945 c 163 § 2; Rem. Supp. 1945 § 752541.] 87.68.090 87.68.100 Audit of board’s records. The state auditor shall audit the books, records and affairs of the board of control every two years, or at such other times as the board shall request, and the costs of the audit shall be paid by said board. [1945 c 163 § 3; Rem. Supp. 1945 § 7525-42.] 87.68.100 87.68.110 Costs, assessments for—Special funds— Investment of. Each irrigation district which has or hereafter may enter into a contract with the United States providing for the operation and maintenance, by means of a board of control, of irrigation works used in common with other districts, shall include in the annual levy of assessments a sufficient amount to pay the annual estimated pro rata proportion of the costs chargeable to such district and also such reserve fund as may be fixed by the contract: PROVIDED, That any district may appropriate moneys from other funds to pay said costs. 87.68.110 [Title 87 RCW—page 76] When assessments are paid to the county treasurer for the board of control fund, they shall be deposited in a special fund, known as the "Board of Control Fund," and when assessments are paid to the county treasurer for the board of control reserve fund they shall be deposited in a special fund known as the "Board of Control Reserve Fund," and said funds may be disbursed only upon vouchers approved by a majority of the voting power of the members of the board of control, and the county auditor shall issue warrants for the payments of such claims which shall be payable out of the funds on which the same are drawn. Any moneys in the "Board of Control Reserve Fund," when so requested by the board of control, shall be invested by the treasurer of said county and under the direction of said board of control in U.S. bonds or bonds of the state or any bonds pronounced by the treasurer of the state as valid securities for the deposit of public funds. [1951 c 158 § 1; 1947 c 265 § 1; 1945 c 163 § 4; Rem. Supp. 1947 § 7525-43.] 87.68.120 Contract for use of canal. Any irrigation district, city, town, or other water user or users whose lands are irrigated by water carried in works transferred by the United States to a board of control, are hereby authorized to enter into contract with another irrigation district whose lands are irrigated by water carried in the same canal to operate and maintain the main canal and other works known as transferred works, and to pay such district in a lump sum its pro rata proportion of the cost of maintenance and operation of such transferred works: PROVIDED, That the amount said pro rata proportion may be estimated and such estimated amount paid at the beginning of any year, and at the end of the year the board shall after determining the true pro rata amount of such user’s cost, require such user to pay the balance, if any, of said true pro rata amount. [1945 c 163 § 5; Rem. Supp. 1945 § 7525-44.] 87.68.120 87.68.130 Contract with board to operate works. Any irrigation district, city, town, or other water user or users whose lands are irrigated by water carried in works transferred by the United States to a board of control are hereby authorized to enter into contract with the board of control for the operation and maintenance of the irrigation works within the district by the board of control and to pay such district in a lump sum the cost of maintenance and operation of such works within the district: PROVIDED, That the amount of the cost of operation of the works in the district may be estimated and the estimated amount paid to the board. At the end of each year the board shall, after determining the true amount of such costs of operation, require such district to pay the balance, if any, of such true amount. [1945 c 163 § 6; Rem. Supp. 1945 § 7525-45.] 87.68.130 87.68.140 Disposal of property authorized—Board may sue and be sued. Any such board of control shall have authority to be exercised by a majority of the voting power of the board to sell at such price and upon such terms as may be fixed by said board and any real or personal property owned by the board of control and to authorize the execution by the president and secretary of said board of a good and sufficient conveyance therefor, and said board may sue or be sued in 87.68.140 (2008 Ed.) Association of Irrigation Districts any of the courts of this state without joining the person, corporation or district for whose benefit the suit may be prosecuted or defended. [1947 c 265 § 2; 1945 c 163 § 7; Rem. Supp. 1947 § 7525-46. Formerly RCW 87.68.070, part and 87.68.140.] Rules of court: Cf. Superior Court Civil Rules. Chapter 87.76 RCW ASSOCIATION OF IRRIGATION DISTRICTS Chapter 87.76 Sections 87.76.010 87.76.020 87.76.030 87.76.040 Coordination of programs—Reports. Coordinating agency—Expense, how defrayed. General powers of directors. Cooperation with other agencies authorized—Financial contributions—Contracts with public and private agencies. 87.76.010 Coordination of programs—Reports. The directors of the several irrigation districts in the state shall take such action as they deem necessary to effect coordination of their common programs for the economical and efficient operation of their districts and the reclamation of lands therein, and prepare reports annually for such operations. [1947 c 193 § 1; Rem. Supp. 1947 § 7505-10.] 87.76.010 87.76.020 Coordinating agency—Expense, how defrayed. The directors of such irrigation districts may designate a statewide association dedicated to the promotion of irrigated agriculture as a coordinating agency in the execution of the duties imposed by this chapter, and pay dues or assessments, or both, to the association from district expense funds, and the several districts may levy assessments against the lands therein for this purpose. Such dues and assessments shall be paid only on vouchers approved by the board of directors of the contributing district in the manner provided for the approval of district vouchers generally. The total of such voucher claims for any district in any calendar year shall not exceed two percent of the total amount or its equivalent of the expense fund levy of the district for that year. [1987 c 124 § 1; 1947 c 193 § 2; Rem. Supp. 1947 § 7505-11.] 87.76.020 Claims, how paid: RCW 87.03.440. 87.80.005 the federal government, the state, irrigation districts, boards of control, municipal or quasi-municipal corporations, cooperatives, other public or private agencies, and associate organizations. The association of irrigation districts is authorized to advance funds to promote the development and utilization of agricultural water and power resources and to employ the technical and professional assistance necessary to survey, plan, investigate, study, print, and publish information and literature to promote the development and utilization of such resources and provide and present data and information to members of congress, any committee of congress, and to other federal officials as an aid in securing needed legislation, contracts, and timely appropriations. [1996 c 214 § 2; 1987 c 124 § 2; 1951 c 202 § 1; 1949 c 41 § 1; Rem. Supp. 1949 § 7505-13.] Chapter 87.80 RCW JOINT CONTROL OF IRRIGATION DISTRICTS Chapter 87.80 Sections 87.80.005 87.80.010 87.80.020 87.80.030 87.80.040 87.80.050 87.80.060 87.80.070 87.80.090 87.80.100 87.80.110 87.80.120 87.80.130 87.80.135 87.80.140 87.80.150 87.80.160 87.80.190 87.80.200 87.80.220 87.80.230 87.80.900 87.80.901 Definitions. Board of joint control authorized. Petition to create board required—Signatures—Filing. Form and contents of petition—Map. Petition filed if regular in form—Hearing set. Notice of hearing. Form and contents of notice. Conduct and scope of hearing—Independent investigation authorized. Creation of board of joint control—Resolution filed. Principal office, oaths, terms, of board—Representation on board. Organization of board—Meetings—Quorum. Compensation of board members and employees. Powers of board of joint control—Limitation. Board’s limitations. Annual budget of board—Hearing—Notice. Hearing and adoption of budget. Entity’s levy to include budget apportionment. Control fund created—Deposits and remittances. Payments from control fund. Agencies under contract with federal government—Ability to participate in board. Board created among entities using Yakima river and tributaries—Coordination with federal and state programs. Effect of chapter on general water rights adjudications. Construction—2003 c 306. Power as to incurring indebtedness: RCW 87.03.475. 87.80.005 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Area of jurisdiction" means all lands within the exterior boundary of the composite area served by the irrigation entities that comprise the board of joint control as the boundary is represented on the map filed under RCW 87.80.030. (2) "Irrigation entity" means an irrigation district or an operating entity for a division within a federal reclamation project. For the purposes of this chapter, a water company, a water users’ association, a municipality, a water right owner and user of irrigation water, or any other entity that provides irrigation water as a primary purpose, is an irrigation entity when creating or joining a board of joint control with an irrigation district or operating entity for a division within a federal reclamation project. (3) "Joint use facilities" means those works, including reservoirs, canals, ditches, natural streams in which the irri87.80.005 87.76.030 General powers of directors. The board of directors of the several districts may effect the state organization herein contemplated and take such further and other action in behalf of their respective districts as they deem necessary to carry out the intent of this chapter, including support of and attendance at such meetings as may be required to promote and perfect the organization and to effect its purposes. [1947 c 193 § 3; Rem. Supp. 1947 § 7505-12.] 87.76.030 87.76.040 Cooperation with other agencies authorized—Financial contributions—Contracts with public and private agencies. To avoid duplication of effort the state association may, in the discretion of its officers, affiliate and cooperate with other organizations and agencies engaged in the furthering of reclamation of lands in the state and make financial contributions to them for such purpose. In carrying out the powers authorized by this chapter, the association of irrigation districts is authorized to enter into contracts with 87.76.040 (2008 Ed.) [Title 87 RCW—page 77] 87.80.010 Title 87 RCW: Irrigation gation entity has rights of conveyance under RCW 90.03.030, hydroelectric facilities, pumping stations, drainage works, reserved works as may be transferred by contracts with the United States, and system interties that are determined by the board of joint control to provide common benefit to its members. (4) "Ownership interest" means the irrigation entity holds water rights in its name for the benefit of itself, its water users or, in federal reclamation projects, the irrigation entity has a contractual responsibility for delivery of water to its individual water users. (5) "Source of water" means a hydrological distinct river and tributary system or aquifer system from which board of joint control member entities appropriate water. [2003 c 306 § 1; 1996 c 320 § 2.] 87.80.010 Board of joint control authorized. A board of joint control may be created as provided in this chapter to administer: (1) The construction, operation, maintenance, betterments, and regulations of the joint use facilities, including reservoirs, canals, hydroelectric facilities within the works of the irrigation water supply system, pumping stations, drainage works, reserved works, and system interconnections, of two or more irrigation entities which are the owners of, have an ownership interest in, or are trustees for owners of water rights having the same source or which use common works for the diversion and either transportation, or drainage, or both, of all or any part of their respective irrigation water supplies; and (2) activities and programs that promote more effective and efficient water management for the benefit of member entities of a board of joint control. [1996 c 320 § 1; 1949 c 56 § 1; Rem. Supp. 1949 § 7505-20.] 87.80.010 87.80.020 Petition to create board required—Signatures—Filing. (1) For the purpose of creating a board of joint control a petition signed by two or more entities that are owners of or hold an ownership interest in water rights having the same source of water or use common works for the diversion, transportation, or drainage of all or any part of their respective irrigation water supplies, must be filed with the board of county commissioners of the county in which the greater part of the land irrigated from the source of water supply is situated. (2) The petition shall also be filed with the board of commissioners of each county containing lands irrigated from the source of water supply of the entities signing the petition. The board of county commissioners making the review under RCW 87.80.090 shall consider any comments of other boards of county commissioners provided within the public hearing and comment period on the petition. [1996 c 320 § 3; 1949 c 56 § 2; Rem. Supp. 1949 § 7505-21.] 87.80.020 87.80.030 Form and contents of petition—Map. The petition for the creation of a board of joint control shall be addressed to the board of county commissioners, shall describe generally the relationship, if any, of the irrigation entities to an established federal reclamation project, the primary water works of the entities including reservoirs, main canals, hydroelectric facilities, pumping stations, and drainage facilities, giving them their local names, if any they have, 87.80.030 [Title 87 RCW—page 78] and shall show generally the physical relationship of the lands being watered from the water facilities. However, lands included in any irrigation entity involved need not be described individually but shall be included by stating the name of the irrigation entity and all the irrigable lands in the irrigation entity named shall by that method be deemed to be involved unless otherwise specifically stated in the petition. Further, the petition must propose the formula for board of joint control apportionment of costs among its members, and may propose the composition of the board of joint control as to membership, chair, and voting structure. When a board of joint control includes irrigation entities other than an irrigation district or an operating entity for a division within a federal reclamation project as provided in RCW 87.80.005, the voting structure must be such that the votes apportioned to those entities are less than fifty percent of the total votes. The petition shall also state generally the reasons for the creation of a board of joint control and any other matter the petitioners deem material, and shall allege that it is in the public interest and to the benefit of all the owners of the lands receiving water within the area of jurisdiction, that the board of joint control be created and request that the board of county commissioners consider the petition and take the necessary steps provided by law for the creation of a board of joint control. The petition shall be accompanied by a map showing the area of jurisdiction and the general location of the water supply and distribution facilities. [2003 c 306 § 2; 1996 c 320 § 4; 1949 c 56 § 3; Rem. Supp. 1949 § 7505-22.] 87.80.040 Petition filed if regular in form—Hearing set. Upon the filing of a petition for the creation of a board of joint control the board of county commissioners at a regular meeting or at a special meeting shall examine the petition and, if found regular in form, shall accept the same for filing, and shall fix a time and place for hearing said petition. [1949 c 56 § 4; Rem. Supp. 1949 § 7505-23.] 87.80.040 87.80.050 Notice of hearing. Notice of the hearing on the petition shall be given by the clerk of the board of county commissioners by publishing the same, at the cost of the board of control, if created, otherwise at the cost of the petitioners, in the official newspaper of each county containing lands irrigated from the source of supply of the entities signing the petition. The notice shall be published in at least three weekly issues thereof. However, the time of the hearing shall not be less than thirty days from the date of the first publication of the notice. A copy of the notice shall be posted at the regular meeting place of the board of directors of each irrigation entity concerned in the granting or denial of the petition and a copy of the notice shall be mailed to the department of ecology at Olympia at least thirty days prior to the day of the hearing. [1996 c 320 § 5; 1988 c 127 § 66; 1949 c 56 § 5; Rem. Supp. 1949 § 7505-24.] 87.80.050 87.80.060 Form and contents of notice. The notice of the hearing on the petition shall state that a petition requesting the creation of a board of joint control to administer the facilities and activities, naming them if named in the petition, has been filed with the board of county commissioners of the county, naming the county; that the board of joint control, if 87.80.060 (2008 Ed.) Joint Control of Irrigation Districts it is created, will have authority to provide for apportionment of costs to carry out the objects of its creation among the member irrigation entities (naming them); shall state the day, hour, and place of the hearing on the petition; shall state that any person interested in the creation of the board of joint control may appear on or before the day of hearing on the petition, and show cause in writing, if any, why the same should not be granted, and the notice shall be over the name of the clerk of the board of county commissioners. [1996 c 320 § 6; 1949 c 56 § 6; Rem. Supp. 1949 § 7505-25.] 87.80.070 Conduct and scope of hearing—Independent investigation authorized. The board of county commissioners, at the time and place mentioned in the notice of hearing or at the time or times to which the hearing on said petition may be adjourned, shall proceed to hear the petition and all evidence submitted against and in support of the same. The board of county commissioners shall have full authority to adjourn the hearing from time to time not exceeding four weeks in all and to grant or reject the petition, and to determine the matter; any irregularities or omissions in the allegations of the petition shall not be held or construed to deprive the board of county commissioners of jurisdiction and authority to consider and determine the matter of any such petition accepted by it for consideration and said board of county commissioners shall have full authority to make such independent investigation of the matter of such petition as it shall deem advisable and to base its judgment on such independent investigation as well as upon the evidence submitted for and against the petition upon a hearing thereon as hereinafter provided. [1949 c 56 § 7; Rem. Supp. 1949 § 7505-26. Formerly RCW 87.80.070 and 87.80.080.] 87.80.070 87.80.090 Creation of board of joint control—Resolution filed. If the board of county commissioners determine[s] that the creation of a board of joint control is in the public interest, of benefit to the irrigation entities and individual water uses within those entities concerned, and will not be detrimental to water right interests outside the proposed board of joint control area of jurisdiction: Then the county board shall so find and adopt a resolution creating the board of joint control, designating it (name of county) County Joint Control Board No. (specify number), and the county board at the same time shall appoint the first members of the board of joint control based on the board composition proposed in the petition and the board of joint control shall consist of this membership. A copy of the resolution creating the board of joint control certified by the clerk of the county board shall be filed with the county assessor of the county in which the board of joint control was created and with the county assessor in any other county in the state in which any lands involved are situated, within five days after the resolution is adopted. [1996 c 320 § 7; 1949 c 56 § 8; Rem. Supp. 1949 § 7505-27.] 87.80.090 87.80.100 Principal office, oaths, terms, of board— Representation on board. The principal office and place of business of the board of joint control shall be at a place to be designated by the board in the county in which the board was created. Each member of the board before entering on the 87.80.100 (2008 Ed.) 87.80.130 duties of his or her office shall subscribe a written oath for the faithful discharge of his or her duties as a member and file the oath with the county clerk of the county. The filing of the oath shall be without clerk’s fee. The term of office of members of the board is for one year or a fraction thereof ending on the first Monday in March next following their selection and until their respective successors are selected as provided in this section. The term of the first members of the board shall also be as above stated. In January of each year the board of directors of each irrigation entity concerned shall designate in writing and deliver to the board of joint control, the name or names of the person or persons who constitute the entity’s membership and who shall represent the entity on the board of joint control for the ensuing year. The persons designated under this section constitute the board of joint control for the year and until their respective successors are selected and have qualified. Any irrigation entity that fails to designate its representative and to file the same as provided in this section is not entitled to representation on the board unless and until the requirements are complied with. [1996 c 320 § 8; 1949 c 56 § 9; Rem. Supp. 1949 § 7505-28.] 87.80.110 Organization of board—Meetings—Quorum. In the month of March, or another time as determined by the board of joint control, in each year the members of the board of joint control shall meet and organize as a board for the ensuing year and shall select a chair from their number and appoint a secretary who may, but need not, be a member of the board, and who shall keep a record of their proceedings, and perform other duties as the board prescribes. Business of the board shall be transacted at meetings thereof and a majority of the qualified membership of the board constitutes a quorum for the transaction of business and in all matters requiring action by the board there shall be a concurrence of at least a majority of the members present. However, if an alternative voting structure was proposed in the petition and adopted in the board of county commissioners’ resolution, this structure will govern the voting procedures of the board of joint control. All meetings of the board shall be public. [1996 c 320 § 9; 1949 c 56 § 10; Rem. Supp. 1949 § 750529.] 87.80.110 87.80.120 Compensation of board members and employees. Each member of the board of joint control shall be compensated for services in accordance with the provisions of RCW 87.03.460. The amount must be fixed by resolution and entered in the minutes of the proceedings of the board. The board shall fix the compensation to be paid the secretary and all other agents and employees of the board. [1996 c 320 § 10; 1949 c 56 § 11; Rem. Supp. 1949 § 750530.] 87.80.120 87.80.130 Powers of board of joint control—Limitation. (1) A board of joint control created under the provisions of this chapter shall have full authority within its area of jurisdiction to enter into and perform any and all necessary contracts; to accept grants and loans, including, but not limited to, those provided under chapters 43.83B and 43.99E RCW, to appoint and employ and discharge the necessary officers, agents, and employees; to sue and be sued as a board but 87.80.130 [Title 87 RCW—page 79] 87.80.135 Title 87 RCW: Irrigation without personal liability of the members thereof in any and all matters in which all the irrigation entities represented on the board as a whole have a common interest without making the irrigation entities parties to the suit; to represent the entities in all matters of common interest as a whole within the scope of this chapter; and to do any and all lawful acts required and expedient to carry out the purposes of this chapter. A board of joint control may, subject to the same limitations as an irrigation district operating under chapter 87.03 RCW, acquire any property or property rights for use within the board’s area of jurisdiction by power of eminent domain; acquire, purchase, or lease in its own name all necessary real or personal property or property rights; and sell, lease, or exchange any surplus real or personal property or property rights. Any transfers of water, however, are limited to transfers authorized under subsection (2) of this section. (2)(a) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either redistribute the saved water within its area of jurisdiction, or transfer the water to others, or both. A redistribution of saved water as an operational practice internal to the board of joint control’s area of jurisdiction, may be authorized if it can be made without detriment or injury to rights existing outside of the board of control’s area of jurisdiction, including instream flow water rights established under state or federal law. (b) Prior to undertaking a water conservation or system efficiency improvement project that will result in a redistribution of saved water, the board of joint control must consult with the department of ecology and, if the board’s jurisdiction is within a United States reclamation project, the board must obtain the approval of the bureau of reclamation. The purpose of such consultation is to assure that the proposal will not impair the rights of other water holders or bureau of reclamation contract water users. (c) A board of joint control does not have the power to authorize a change of any water right that would change the point or points of diversion, purpose of use, or place of use outside the board’s area of jurisdiction, without the approval of the department of ecology pursuant to RCW 90.03.380 and, if the board’s jurisdiction is within a United States reclamation project, the approval of the bureau of reclamation. Any change in place of use that results from a transfer of water between the individual entities of the board of joint control shall not result in any reduction in the total water supply available in a federal reclamation project. In making the determination of whether a change of place of use in an area covered by a federal reclamation project will result in a reduction in the total water supply available, the board of joint control shall consult with the bureau of reclamation. (d) The board of joint control shall notify the department of ecology, and any Indian tribe requesting notice, of transfers of water between the individual entities of the board of joint control. This subsection (2)(d) applies only to a board of joint control created after January 1, 2003. (3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality enhancement projects, or both. (4) Where the board of joint control area of jurisdiction is totally within a federal reclamation project, the board is [Title 87 RCW—page 80] authorized to accept operational responsibility for federal reserved works. (5) Nothing contained in this chapter gives a board of joint control the authority to abridge the existing rights, responsibilities, and authorities of an individual irrigation entity or others within the area of jurisdiction; nor in a case where the board of joint control consists of representatives of two or more divisions of a federal reclamation project shall the board of joint control abridge any powers of an existing board of control created through federal contract; nor shall a board of joint control have any authority to abridge or modify a water right benefiting lands within its area of jurisdiction without consent of the party holding the ownership interest in the water right. (6) A board of joint control created under this chapter may not use any authority granted to it by this chapter or by RCW 90.03.380 to authorize a transfer of or change in a water right or to authorize a redistribution of saved water before July 1, 1997. [2003 c 306 § 3; 1998 c 84 § 2; 1996 c 320 § 11; 1949 c 56 § 12; Rem. Supp. 1949 § 7505-31.] 87.80.135 Board’s limitations. A board of joint control created under this chapter is limited to the membership, area of jurisdiction, and other terms and conditions contained in the resolution of the board of county commissioners filed under RCW 87.80.090. Amendments may be proposed at any time by the board of joint control to the board of county commissioners and acted upon through the petition process contained in RCW 87.80.030 through 87.80.090. [1996 c 320 § 16.] 87.80.135 87.80.140 Annual budget of board—Hearing— Notice. In September of each year the board of joint control shall prepare a budget of its estimated expenses and outlay for the ensuing calendar year and the apportionment thereof chargeable against the several irrigation entities coming within the jurisdiction of the board and shall fix a time and place when the budget shall be considered and adopted by the board. Notice of the hearing of the budget signed by the secretary of the board shall be published in at least two weekly issues of a newspaper of general circulation in each county in which any lands chargeable with the expense and outlay of the board are situated. The date of the first publication of the notice shall be not less than ten days prior to the day of the hearing. [1996 c 320 § 12; 1949 c 56 § 13; Rem. Supp. 1949 § 7505-32.] 87.80.140 87.80.150 Hearing and adoption of budget. At the time and place stated in said notice the board shall meet and consider any objections and suggestions as to the items of said budget which may be offered by any interested person and may adjourn its meeting from time to time not exceeding ten days in all and shall finally determine the same and adopt a budget for its operations for the ensuing calendar year. [1949 c 56 § 14; Rem. Supp. 1949 § 7505-33.] 87.80.150 87.80.160 Entity’s levy to include budget apportionment. Immediately after final adoption of the budget the secretary of the board shall mail or deliver a copy thereof showing the apportionment of the charge to each irrigation entity, 87.80.160 (2008 Ed.) Irrigation and Rehabilitation Districts 87.84.010 to the secretary of each irrigation entity coming under the jurisdiction of the board of joint control and it shall be the duty of each irrigation entity to include in its levy for the ensuing year, the amount apportioned and charged to it in the budget. [1996 c 320 § 13; 1949 c 56 § 15; Rem. Supp. 1949 § 7505-34.] However, should there be no reasonable prospect of funding for construction by the federal and state government within three years of the date of the publication of the Yakima river basin conservation plan under P.L. 103-434, the board of joint control may pursue the projects under alternative funding programs and conditions. [1996 c 320 § 22.] 87.80.190 Control fund created—Deposits and remittances. There is created in the county treasurer’s office of the county in which the board of joint control was created, a special fund to be designated Control Fund of the (naming the county) County Joint Control Board No. (specifying the number). The county treasurer shall distribute all collections for this fund to the control fund. The treasurer of any other county collecting assessments for this fund shall remit the assessments monthly to the county treasurer of the county in which the board of joint control was created. However, at the option of the board of joint control, a treasurer other than the county treasurer may be designated under RCW 87.03.440. [1996 c 320 § 14; 1949 c 56 § 18; Rem. Supp. 1949 § 750537.] 87.80.900 Effect of chapter on general water rights adjudications. This chapter shall not affect the final decree of a general adjudication conducted under RCW 90.03.110 through 90.03.245. [1996 c 320 § 23.] 87.80.190 87.80.200 Payments from control fund. When the county treasurer serves as treasurer for the board of joint control, the board of joint control shall issue vouchers for its operations against the control fund and the county treasurer shall pay out moneys from the fund upon warrants drawn by the county auditor of said county. [1996 c 320 § 15; 1949 c 56 § 19; Rem. Supp. 1949 § 7505-38.] 87.80.200 87.80.220 Agencies under contract with federal government—Ability to participate in board. An irrigation entity under contract with an agency of the federal government for the construction or operation of its irrigation system may not participate in a board of joint control under this chapter if this action is in conflict with provisions of the subject contract. If a responsible official of the federal agency notifies the board of county commissioners in writing on or before the day of hearing provided under RCW 87.80.060 of a conflict in contract provisions and evidences the conflict, the board of county commissioners must deny the irrigation entity’s proposed participation. If subsequent to formation of a board of joint control, a judicial decision determines a conflict in contract conditions, the irrigation entity must not participate in a project or activity inconsistent with the court determination. [1996 c 320 § 17.] 87.80.900 87.80.901 Construction—2003 c 306. The provisions of chapter 306, Laws of 2003 shall not be construed or interpreted to authorize the impairment of any existing water rights. [2003 c 306 § 4.] 87.80.901 Chapter 87.84 RCW IRRIGATION AND REHABILITATION DISTRICTS Chapter 87.84 Sections 87.84.005 87.84.010 87.84.020 87.84.030 87.84.040 87.84.050 87.84.060 87.84.061 87.84.070 87.84.071 87.80.220 87.80.230 Board created among entities using Yakima river and tributaries—Coordination with federal and state programs. A board of joint control created among irrigation entities utilizing waters of the Yakima river and tributaries shall, when undertaking water conservation projects, fully coordinate those projects with federal and state programs adopted under the Yakima river basin water enhancement project, P.L. 103-434. The projects shall be developed and implemented, consistent with the board’s development schedule, within the framework of the Yakima river basin water enhancement project policies and procedures provided by the state and federal governments, as funds are available to the board of joint control for the projects. 87.80.230 (2008 Ed.) 87.84.080 87.84.090 87.84.100 87.84.110 87.84.120 Purpose—Districts authorized. Eligibility. Petition to convert irrigation district to an irrigation and rehabilitation district, contents—Bond for costs. Notice and hearing on petition. Notice and election. Purposes of organization. Directors—Powers, rights and authority of directors and district. Directors—Additional powers. Special assessments—Notice and election—Collection. Special assessments inferior to existing city or town L.I.D. assessments. Rules and regulations—Authorized—Publication—Hearing. Rules and regulations—Violation as misdemeanor—Jurisdiction—Penalty—Review. Rules and regulations—Sheriff to enforce. Corporate powers and authority. City, town, county, powers not restricted—Title 79 RCW not modified. 87.84.005 Purpose—Districts authorized. The growing population of the state of Washington, coupled with increasing amounts of available leisure time have greatly expanded the need for and use of the larger lakes in the state of Washington, both by Washington state residents and guests from other states and countries. In order to make the use of such larger lakes safer, and more beneficial to all concerned, the state of Washington to further the health, safety, recreation and welfare of its citizens has authorized the conversion of certain irrigation districts to irrigation and rehabilitation districts. [1963 c 221 § 1.] 87.84.005 Severability—1963 c 221: "If any section, sentence, clause, or part of this act is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, sentence, clause and part thereof despite the fact that one or more sections, clauses or parts thereof be declared unconstitutional." [1963 c 221 § 11.] 87.84.010 Eligibility. Any irrigation district having the major portion of an inland navigable body of water within its exterior boundaries and which has filed with the department of ecology and been granted a water right certificate for fifty thousand acre feet of water or more shall be eligible to become an irrigation and rehabilitation district as provided in 87.84.010 [Title 87 RCW—page 81] 87.84.020 Title 87 RCW: Irrigation this chapter. [1988 c 127 § 67; 1963 c 221 § 2; 1961 c 226 § 2.] Severability—1963 c 221: See note following RCW 87.84.005. 87.84.020 Petition to convert irrigation district to an irrigation and rehabilitation district, contents—Bond for costs. A petition to convert an existing irrigation district to an irrigation and rehabilitation district shall be signed by at least fifty holders of title or evidence of title to land within the district. The petition shall contain the following: (1) The legal description of the property to be served. (2) The signature and address of each petitioner, together with the legal description of the lands within the district owned by each. (3) Any other matter deemed material. The petition shall be accompanied by a bond, to be approved by the board, in double the amount of the probable cost of organizing the district, and conditioned that the bondsperson will pay all the costs if the organization is not effected. [2007 c 218 § 80; 1961 c 226 § 3.] 87.84.020 Intent—Finding—2007 c 218: See note following RCW 1.08.130. 87.84.030 Notice and hearing on petition. A notice of hearing and a hearing on the petition shall be held as provided by RCW 87.03.020. [1961 c 226 § 4.] 87.84.030 87.84.040 Notice and election. A notice of election and election shall be held to determine whether the electors desire to convert the existing irrigation district to an irrigation and rehabilitation district. The notice of election and election shall be governed by the applicable provisions of chapter 87.03 RCW relating to the original formation of districts. [1961 c 226 § 5.] 87.84.040 87.84.050 Purposes of organization. In addition to the purposes for which irrigation districts may be organized under RCW 87.03.010, an irrigation and rehabilitation district may also be organized or maintained to further the recreational potential of the area and to further the rehabilitation or improvement of inland lakes and shore lines and the modification or improvement of existing or planned control structures located in the district in order to further the health, recreation, and welfare of the residents in the area. [1963 c 221 § 3; 1961 c 226 § 6.] 87.84.050 Severability—1963 c 221: See note following RCW 87.84.005. 87.84.060 Directors—Powers, rights and authority of directors and district. The directors of the irrigation and rehabilitation district shall be the same as of the irrigation district and the directors shall retain all power, rights and authority heretofore granted to them or hereafter granted to them as directors of an irrigation district under any provision of Title 87 RCW or any amendments thereto or any authority granted to directors of irrigation districts under any other law of the state of Washington. The irrigation and rehabilitation district shall also retain all power, rights and authority heretofore or hereafter granted to irrigation districts under Title 87 RCW or any other law or laws of the state of Washington, and use said power and authority including local improvement district provisions to further irrigation and rehabilitation district pur87.84.060 [Title 87 RCW—page 82] poses and in addition shall have authority to rehabilitate or improve all or a portion of any inland body of water including adjacent shore lines located in the district and shall have the further power of modifying or improving any existing or planned water control structure located in the district in order to further the health, recreation, and welfare of the residents in the district. All rights held by the irrigation district to water located wholly or partially in the district including but not limited to rights granted by the department of ecology shall upon formation of the irrigation and rehabilitation district immediately vest in the irrigation and rehabilitation district and in addition all water in the newly formed district as to which the prior district had any rights shall be held by the new district for all the beneficial uses and purposes for which the irrigation and rehabilitation district is formed. [1988 c 127 § 68; 1963 c 221 § 4; 1961 c 226 § 7.] Severability—1963 c 221: See note following RCW 87.84.005. 87.84.061 Directors—Additional powers. The water in any natural or impounded lake, wholly or partially within the boundaries of an irrigation and rehabilitation district, together with all use of said water and the bottom and shore lines to the line established by the highest level where water has been or shall be stored in said lake, shall be regulated, controlled and used by the irrigation and rehabilitation district in order to further the health, safety, recreation and welfare of the residents in the district and the citizens and guests of the state of Washington, subject to rights of the United States bureau of reclamation and any irrigation districts organized under the laws of the state of Washington. In addition to the powers expressly or impliedly enumerated above, the directors of an irrigation and rehabilitation district shall have the power and authority to: (1) Control and regulate the use of boats, skiers, skin divers, aircraft, ice skating, ice boats, swimmers or any other use of said lake, by means of appropriate rules and regulations not inconsistent with state fish, game or aeronautics laws. (2) Expend district funds for the control of mosquitoes or other harmful insects which may affect the use of any lake located in the district: PROVIDED, That the state department of social and health services gives its approval in writing to any district program instituted under the authority of this item. District funds may be expended for mosquito and insect control or other district projects or activities even though it may be necessary to place chemicals or carry on activities on areas located outside of an irrigation and rehabilitation district’s boundaries. These funds may be transferred to the jurisdictional health department for the purpose of carrying out the provisions of this item. (3) Except for state highways, control, regulate or prohibit by means of rules and regulations, the building, construction, placing or allowing to be placed from adjoining land, sand, gravel, dirt, rock, tires, lumber, logs, bottles, cans, garbage and trash, or any loathsome, noxious substances or materials of any kind, and any piling, causeways, fill, roads, culverts, wharfs, bulkheads, buildings, structures, floats, or markers, in, on or above the line established by the highest level where water has been or shall be stored in said lake, 87.84.061 (2008 Ed.) Irrigation and Rehabilitation Districts located in the district, in order to further the interests of the citizens of the state of Washington, and residents of the district. (4) Except for state highways, control, regulate and require the placing, maintenance and use of culverts and boat accesses under and through existing fills constructed over and/or across any lake located within the district to facilitate water circulation, navigation and the reduction of flood danger. (5) Control the taking of carp or other rough fish located in the district and including the right to grant or sell an exclusive or concurrent franchise for the taking of carp or other rough fish, providing the department of fish and wildlife give their approval in writing to any district project regarding the capture, or sale of fish. (6) Control and regulate by means of rules and regulations the direct or indirect introduction into any lake within the district of any human, animal or industrial waste products, sewage, effluent or byproducts, treated or untreated: PROVIDED, That the state department of ecology gives its approval in writing to any district program instituted under this section, and nothing herein shall be deemed to amend, repeal, supersede, or otherwise modify any laws or regulations relating to public health or to the department of ecology. (7) Except for state highways, construct, maintain, place, and/or restore roads, buildings, docks, dams, canals, locks, mechanical lifts or any other type of transportation facility; dredge, purchase land, or lease land, or enter into agreements with other agencies or conduct any other activity within or without the district boundaries in order to carry out district projects or activities to further the recreational potential of the area. [1994 c 264 § 79; 1988 c 127 § 69; 1979 c 141 § 383; 1963 c 221 § 5.] Severability—1963 c 221: See note following RCW 87.84.005. 87.84.070 87.84.070 Special assessments—Notice and election—Collection. The directors shall be empowered to specially assess land located in the district for benefits thereto taking as a basis the last equalized assessment for county purposes: PROVIDED, That such assessment shall not exceed twenty-five cents per thousand dollars of assessed value upon such assessed valuation without securing authorization by vote of the electors of the district at an election called for that purpose. The board shall give notice of such an election, for the time and in the manner and form provided for irrigation district elections. The manner of conducting and voting at such an election, opening and closing polls, canvassing the votes, certifying the returns, and declaring the result shall be nearly as practicable the same as in irrigation district elections. The special assessment provided for herein shall be due and payable at such times and in such amounts as designated by the district directors, which designation shall be made to the county auditor in writing, and the amount so designated shall be added to the general taxes, and entered upon the assessment rolls in his office, and collected therewith. [1973 1st ex.s. c 195 § 132; 1961 c 226 § 8.] Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. (2008 Ed.) 87.84.110 87.84.071 Special assessments inferior to existing city or town L.I.D. assessments. The special assessments provided for in RCW 87.84.070 shall be subject to and inferior to existing local improvement district assessments of any city or town which is included within the boundaries of an irrigation and rehabilitation district. The collection of local improvement district assessments of a city or town, and the right to foreclose the same when delinquent, shall not be impaired in any manner whatsoever by subsequent special assessments of an irrigation and rehabilitation district. In the event that the county treasurer forecloses on land located within the corporate limits of a city or town for nonpayment of irrigation and rehabilitation district assessments, the certificates of sale and the deeds issued pursuant to the foreclosure proceedings shall contain a recital that the certificate of sale and/or deed is subject to outstanding local improvement district assessments of the city or town. [1965 ex.s. c 6 § 5.] 87.84.071 Severability—1965 ex.s. c 6: See RCW 35.47.900. 87.84.080 Rules and regulations—Authorized—Publication—Hearing. The directors of an irrigation and rehabilitation district shall have the authority to pass rules and regulations to accomplish district purposes. The rules and regulations shall (except in case of emergency) be published at least once in a newspaper of general circulation in the district and a public hearing shall be held prior to adoption by the directors, at a regular public meeting. [1963 c 221 § 6.] 87.84.080 Severability—1963 c 221: See note following RCW 87.84.005. 87.84.090 Rules and regulations—Violation as misdemeanor—Jurisdiction—Penalty—Review. The directors may enact rules and regulations, the violation of which shall be punishable as a misdemeanor, and the district judges in said district shall have exclusive jurisdiction over such offenses. Penalty for violation shall not exceed a five hundred dollar fine or six months in jail: PROVIDED, That where a violation is designated a misdemeanor, the directors shall submit such rules and regulations to the county commissioners of the county or counties in which the district is located who shall review same and approve or disapprove thereof. Rules or regulations disapproved by county commissioners within thirty days of submission shall be of no force or effect. [1987 c 202 § 246; 1963 c 221 § 7.] 87.84.090 Intent—1987 c 202: See note following RCW 2.04.190. Severability—1963 c 221: See note following RCW 87.84.005. 87.84.100 87.84.100 Rules and regulations—Sheriff to enforce. The sheriff’s department of any county in which an irrigation and rehabilitation district is located shall enforce the rules and regulations of the district. [1963 c 221 § 8.] Severability—1963 c 221: See note following RCW 87.84.005. 87.84.110 87.84.110 Corporate powers and authority. An irrigation and rehabilitation district shall possess all the usual powers of a municipal corporation and shall have the authority to sue and enforce its rules and regulations. [1963 c 221 § 9.] Severability—1963 c 221: See note following RCW 87.84.005. [Title 87 RCW—page 83] 87.84.120 Title 87 RCW: Irrigation 87.84.120 City, town, county, powers not restricted— Title 79 RCW not modified. The provisions of this chapter shall not be construed so as to restrict the governing body of any city, town or county located on or adjacent to an inland body of water controlled by an irrigation and rehabilitation district from conducting or carrying out governmental or proprietary functions of said city, town or county: PROVIDED, That nothing herein shall be deemed to amend, repeal, supersede or otherwise modify any provisions of Title 79 RCW. [1963 c 221 § 10.] 87.84.120 Severability—1963 c 221: See note following RCW 87.84.005. [Title 87 RCW—page 84] (2008 Ed.) Title 88 Chapters 88.01 88.02 88.04 88.08 88.16 88.24 88.26 88.28 88.32 88.40 88.46 Title 88 NAVIGATION AND HARBOR IMPROVEMENTS Boating offense compact. Vessel registration. Charter boat safety act. Specific acts prohibited. Pilotage act. Wharves and landings. Private moorage facilities. Obstructions in navigable waters. River and harbor improvements. Transport of petroleum products—Financial responsibility. Vessel oil spill prevention and response. Canal commission: Chapter 47.72 RCW. Construction projects in state waters: Chapter 77.55 RCW. Harbor improvements in port districts: Chapter 53.20 RCW. Harbor line commission: RCW 79.115.010. Harbor line commission: State Constitution Art. 15 § 1 (Amendment 15). Harbors and tide waters: State Constitution Art. 15 § 1 (Amendment 15). Interference with navigable body, a nuisance: RCW 9.66.010. Jurisdiction of cities and towns over adjacent waters: RCW 35.21.160. Lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW. Lien on vessels and equipment for labor, material, damages, and handling cargo: Chapter 60.36 RCW. Marine employees—Public employment relations: Chapter 47.64 RCW. Marine recreation land act: Chapter 79A.25 RCW. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Port districts: Title 53 RCW. Powers of cities and towns relative to docks and other appurtenances to harbors and shipping: RCW 35.22.280, 35.23.440, and 35A.11.020. Steamboat companies: Chapter 81.84 RCW. Tidelands, ownership by state: State Constitution Art. 17. Waterways: Title 91 RCW. Wood debris—Removal from navigable waters: Chapter 76.42 RCW. Chapter 88.01 Chapter 88.01 RCW BOATING OFFENSE COMPACT Sections 88.01.010 Compact provisions. 88.01.010 Compact provisions. The Boating Offense Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows: 88.01.010 ARTICLE I Findings and Declaration of Policy (1) The party states find that: (a) The safety of their waters is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of boats; (2008 Ed.) (b) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property; (2) It is the policy of each of the party states to promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of boats by their operators in each of the jurisdictions where such operators operate boats. ARTICLE II Definition As used in this compact, "state" means a state that has entered into this compact. ARTICLE III Concurrent Jurisdiction (1) If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over boating offenses committed where waters form a common interstate boundary have concurrent jurisdiction to arrest, prosecute, and try offenders for the prohibited conduct committed anywhere on the boundary water between the two states. (2) This compact does not authorize: (a) Prosecution of any person for conduct that is unlawful in the state where it was committed, but lawful in the other party state; (b) A prohibited conduct by the party state. ARTICLE IV Entry Into Force and Withdrawal (1) This compact shall enter into force and become effective as to any state when it has enacted the same into law. (2) Any party state may withdraw from this compact by enacting a statute repealing the same. ARTICLE V Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [1992 c 33 § 1.] [Title 88 RCW—page 1] Chapter 88.02 Chapter 88.02 Title 88 RCW: Navigation and Harbor Improvements Chapter 88.02 RCW VESSEL REGISTRATION (Formerly: Watercraft registration) Sections 88.02.010 88.02.020 88.02.023 88.02.025 88.02.028 88.02.030 88.02.035 88.02.040 88.02.045 88.02.050 88.02.052 88.02.053 88.02.055 88.02.060 88.02.070 88.02.075 88.02.078 88.02.090 88.02.100 88.02.110 88.02.112 88.02.115 88.02.118 88.02.120 88.02.125 88.02.130 88.02.140 88.02.150 88.02.160 88.02.170 88.02.180 88.02.184 88.02.188 88.02.189 88.02.190 88.02.200 88.02.210 88.02.220 88.02.230 88.02.235 88.02.250 88.02.260 88.02.270 Definitions. Registration and display of registration number and decal prerequisite to ownership or operation of vessel—Exceptions— Penalty. Vessel dealer display decals—Use. Registration of vessels numbered under the federal boat safety act. Registration of rented vessels—Dealer’s vessels—Dealer registration numbers not transferable. Exceptions from vessel registration—Use of excess document identification fee for boating safety programs—Rules. Confidential vessel registration, law enforcement purposes. Issuance of registrations—Agents—Deposit of fees in general fund—Allocation for boating safety and education, law enforcement, and derelict vessel removal and disposal. Allocation of funds under RCW 88.02.040 to counties— Deposit to account for boating safety programs. Application—Registration fee and excise tax—Registration number and decal—Registration periods—Renewals— Marine oil refuse dump and holding tank information— Transfer of registrations. Voluntary donations in conjunction with registration—Maritime historic restoration and preservation. Maritime historic restoration and preservation account. Refund, collection of erroneous amounts—Penalty for false statement. Registration of dealers—Surety bond—Fees. Certificates of title. Duplicate certificates—Replacement decals—Surrender of original certificate or decal. Vessel dealer business address—Office—Identification of business. Inspection of registration—Violation of chapter—Penalty. Rule-making authority. Penalties—Disposition of moneys collected—Enforcement authority. Registration certificate required—Penalty. Additional penalties for unauthorized or personal use of dealer display decals. Evasive registration—Penalty. Title certificate system—Legislative intent—Authority for rules and procedures to establish system. Evidence of ownership by vessel dealers—Sales of consigned vessels—Assignment and warranty of certificates of ownership. Class A title certificates. Issuance of class A title certificates—Required evidence. Issuance of class A title certificates—Limitation. Class B title certificates. Class A and class B title certificates to have apparent distinctions—Class B certificate to bear legend. Application for title certificate—Oath by owner. Issuance of temporary permits by registered vessel dealers— Fee. Denial, suspension, or revocation of vessel dealer registration—Penalties. Vessel registration or vessel dealer registration suspension— Noncompliance with support order—Reissuance. Inspection of vessels. Department and state immune from suit for administration of chapter. Records of the purchase and sale of vessels. Receipt of cash or negotiable instrument before delivery of vessel—Trust account. Exemption from vessel dealer requirements. Denial of license. Carbon monoxide warning sticker—Display required. Carbon monoxide poisoning informational brochure. Derelict vessel removal surcharge. Boat trailer fee: RCW 46.16.670. Leases: Chapter 62A.2A RCW. 88.02.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. (2) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest. (3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state. (4) "Department" means the department of licensing. [1983 c 7 § 14.] 88.02.020 Registration and display of registration number and decal prerequisite to ownership or operation of vessel—Exceptions—Penalty. Except as provided in this chapter, no person may own or operate any vessel on the waters of this state unless the vessel has been registered and displays a registration number and a valid decal in accordance with this chapter, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal. A violation of this section is a class 2 civil infraction. [2006 c 29 § 1; 1985 c 267 § 1; 1983 2nd ex.s. c 3 § 47; 1983 c 7 § 15.] 88.02.020 Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. 88.02.023 Vessel dealer display decals—Use. Vessel dealer display decals shall only be used: (1) To demonstrate vessels held for sale when operated by a prospective customer holding a dated demonstration permit, and shall be carried in the vessel at all times it is being operated by such individual; (2) On vessels owned or consigned for sale that are in fact available for sale and being used only for vessel dealer business purposes by an officer of the corporation, a partner, a proprietor, or by a bona fide employee of the firm if a card so identifying any such individual is carried in the vessel at all times it is so operated. [1987 c 149 § 4.] 88.02.023 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.025 Registration of vessels numbered under the federal boat safety act. (1) A vessel numbered in this state under the federal boat safety act need not register under chapter 88.02 RCW until the earlier of: (a) One year from the date this state’s vessel numbering system is approved under the federal boat safety act; or (b) the expiration date of the certificate of number issued for the vessel under the federal boat safety act. At the time of registration under chapter 88.02 RCW, the amount of excise tax due under chapter 82.49 RCW shall include amounts which would have been due under that chapter if the vessel had been registered at the time otherwise required under chapter 88.02 RCW. (2) As used in this section, "federal boat safety act" means the federal boat safety act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.). [1984 c 250 § 3.] 88.02.025 88.02.010 [Title 88 RCW—page 2] 88.02.028 Registration of rented vessels—Dealer’s vessels—Dealer registration numbers not transferable. 88.02.028 (2008 Ed.) Vessel Registration (1) Rented vessels shall be registered separately under RCW 88.02.020 through 88.02.050. (2) RCW 88.02.020 does not apply to any registered dealer’s vessels held for sale. (3) Dealer registration numbers are not transferable. [1987 c 149 § 5.] Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.030 88.02.030 Exceptions from vessel registration—Use of excess document identification fee for boating safety programs—Rules. Vessel registration is required under this chapter except for the following: (1) Military or public vessels of the United States, except recreational-type public vessels; (2) Vessels owned by a state or subdivision thereof, used principally for governmental purposes and clearly identifiable as such; (3) Vessels either (a) registered or numbered under the laws of a country other than the United States; or (b) having a valid United States customs service cruising license issued pursuant to 19 C.F.R. Sec. 4.94. On or before the sixty-first day of use in the state, any vessel in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. At the time of any issuance of an identification document, a thirty dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Five dollars from each such transaction must be deposited in the derelict vessel removal account created in RCW 79.100.100. Any moneys remaining from the fee after the payment of costs and the deposit to the derelict vessel removal account shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the thirty dollar fee; (4) Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. However, a vessel that is validly registered in another state but that is removed to this state for principal use is subject to registration under this chapter. The issuing authority for this state shall recognize the validity of the numbers previously issued for a period of sixty days after arrival in this state; (5) Vessels owned by a nonresident if the vessel is located upon the waters of this state exclusively for repairs, alteration, or reconstruction, or any testing related to the repair, alteration, or reconstruction conducted in this state if an employee of the repair, alteration, or construction facility is on board the vessel during any testing. However, any vessel owned by a nonresident is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing for a period longer than sixty days, that the nonresident shall file an affidavit with the department of revenue verifying the vessel is located upon the waters of this state for repair, alteration, reconstruction, or testing and shall continue to file such affidavit every sixty days thereafter, while the (2008 Ed.) 88.02.030 vessel is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing; (6) Vessels equipped with propulsion machinery of less than ten horsepower that: (a) Are owned by the owner of a vessel for which a valid vessel number has been issued; (b) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the department; and (c) Are used as a tender for direct transportation between that vessel and the shore and for no other purpose; (7) Vessels under sixteen feet in overall length which have no propulsion machinery of any type or which are not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States and are powered by propulsion machinery of ten or less horsepower; (8) Vessels with no propulsion machinery of any type for which the primary mode of propulsion is human power; (9) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States. Commercial vessels which the department of revenue determines have the external appearance of vessels which would otherwise be required to register under this chapter, must display decals issued annually by the department of revenue that indicate the vessel’s exempt status; (10) Vessels primarily engaged in commerce which are owned by a resident of a country other than the United States; (11) Vessels owned by a nonresident individual brought into the state for his or her use or enjoyment while temporarily within the state for not more than six months in any continuous twelve-month period, unless the vessel is used in conducting a nontransitory business activity within the state. However, the vessel must have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. On or before the sixty-first day of use in the state, any vessel temporarily in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. An identification document shall be valid for a period of two months. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee; and (12) Vessels used in this state by a nonresident individual possessing a valid use permit issued under RCW 82.08.700 or 82.12.700. [2007 c 22 § 3; 2002 c 286 § 12; 1998 c 198 § 1; 1997 c 83 § 1; 1991 c 339 § 30. Prior: 1989 c 393 § 13; 1989 c 102 § 1; 1985 c 452 § 1; 1984 c 250 § 2; 1983 2nd ex.s. c 3 § 44; 1983 c 7 § 16.] Effective date—2007 c 22: See note following RCW 82.08.700. Severability—Effective date—2002 c 286: See RCW 79.100.900 and 79.100.901. [Title 88 RCW—page 3] 88.02.035 Title 88 RCW: Navigation and Harbor Improvements Effective date—1998 c 198: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 1998]." [1998 c 198 § 2.] Effective date—1985 c 452: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 452 § 2.] Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. Commission to adopt rules: RCW 79A.60.595. Partial exemption from ad valorem taxes of ships and vessels exempt from excise tax under RCW 88.02.030(9): RCW 84.36.080. 88.02.035 Confidential vessel registration, law enforcement purposes. (1) The department may issue confidential vessel registration for law enforcement purposes only to units of local government and to agencies of the federal government. (2) The department shall limit confidential vessel registrations owned or operated by the state of Washington or by any officer or employee thereof, to confidential, investigative, or undercover work of state law enforcement agencies. (3) The director may adopt rules governing applications for and the use of confidential vessel registrations by law enforcement and other public agencies. [1991 c 339 § 32.] 88.02.035 88.02.040 Issuance of registrations—Agents— Deposit of fees in general fund—Allocation for boating safety and education, law enforcement, and derelict vessel removal and disposal. The department shall provide for the issuance of vessel registrations and may appoint agents for collecting fees and issuing registration numbers and decals. General fees for vessel registrations collected by the director shall be deposited in the general fund: PROVIDED, That any amount above one million one hundred thousand dollars per fiscal year shall be allocated to counties by the state treasurer for boating safety/education and law enforcement programs and the fee collected specifically for the removal and disposal of derelict vessels must be deposited in the derelict vessel removal account created in RCW 79.100.100. Eligibility for boating safety/education and law enforcement program allocations shall be contingent upon approval of the local boating safety program by the state parks and recreation commission. Fund allocation shall be based on the numbers of registered vessels by county of moorage. Each benefitting county shall be responsible for equitable distribution of such allocation to other jurisdictions with approved boating safety programs within said county. Any fees not allocated to counties due to the absence of an approved boating safety program, shall be allocated to the commission for awards to local governments to offset law enforcement and boating safety impacts of boaters recreating in jurisdictions other than where registered. [2002 c 286 § 14; 1989 c 393 § 12; 1983 c 7 § 17.] 88.02.040 Severability—Effective date—2002 c 286: See RCW 79.100.900 and 79.100.901. Commission to adopt rules: RCW 79A.60.595. 88.02.045 Allocation of funds under RCW 88.02.040 to counties—Deposit to account for boating safety programs. Jurisdictions receiving funds under RCW 88.02.040 shall deposit such funds into an account dedicated solely for 88.02.045 [Title 88 RCW—page 4] supporting the jurisdiction’s boating safety programs. These funds shall not supplant existing local funds used for boating safety programs. [1993 c 244 § 40.] Intent—1993 c 244: See note following RCW 79A.60.010. 88.02.050 Application—Registration fee and excise tax—Registration number and decal—Registration periods—Renewals—Marine oil refuse dump and holding tank information—Transfer of registrations. (Expires June 30, 2012.) (1) Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW. (2) Five additional dollars must be collected annually from every vessel registration application. These moneys must be distributed in the following manner: (a) Two dollars must be deposited into the derelict vessel removal account established in RCW 79.100.100. If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer or appropriation of funds into the account or funds deposited into the account collected under RCW 88.02.270, reaches one million dollars as of March 1st of any year, the collection of the two-dollar fee must be suspended for the following fiscal year. (b) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in RCW 77.12.879. (c) One dollar must be deposited into the freshwater aquatic algae control account created in RCW 43.21A.667. (d) Fifty cents must be deposited into the aquatic invasive species enforcement account created in RCW 43.43.400. (3) Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ten dollar and fifty cent annual registration fee and the five-dollar fee created in subsection (2) of this section. (4) Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter. (5) The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee, excise tax, and the derelict vessel fee. 88.02.050 (2008 Ed.) Vessel Registration Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department. (6) When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process. (7) A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar. [2007 c 342 § 5; 2005 c 464 § 2; 2002 c 286 § 13; 1993 c 244 § 38; 1989 c 17 § 1; 1983 2nd ex.s. c 3 § 45; 1983 c 7 § 18.] Expiration date—2007 c 342 § 5: "Section 5 of this act expires June 30, 2012." [2007 c 342 § 9.] Findings—Intent—2005 c 464: "The legislature finds that aquatic invasive species and freshwater aquatic algae are causing economic, environmental, and public health problems that affect the citizens and aquatic resources of our state. Many highly destructive species, such as the zebra mussel, are currently not found in Washington’s waters and efforts should be made to prevent the introduction or spread of these aquatic invasive species into our state waters. Preventing new introductions is significantly less expensive and causes far less ecological damage than trying to control new infestations. The legislature also finds that freshwater algae, particularly blue-green algae, are also seriously degrading the water quality and recreational value of a number of our lakes. Blue-green algae can produce toxins that inhibit recreational uses and pose a threat to humans and pets. It is therefore the intent of the legislature to clarify the roles of the different state agencies involved in these issues in order to address the threat of aquatic invasive species and the problem caused by aquatic freshwater algae, and to provide a dedicated fund source to prevent and control further impacts." [2005 c 464 § 1.] Application—2005 c 464 § 2: "Section 2 of this act applies to vessel registration fees that are due or become due on or after August 1, 2005." [2005 c 464 § 6.] Expiration date—2005 c 464 § 2: "Section 2 of this act expires June 30, 2012." [2005 c 464 § 7.] Severability—Effective date—2002 c 286: See RCW 79.100.900 and 79.100.901. Application—1993 c 244 § 38: "Section 38 of this act [the 1993 amendments to RCW 88.02.050] applies to registrations expiring June 30, 1995, and thereafter." [1993 c 244 § 43.] Intent—1993 c 244: See note following RCW 79A.60.010. Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. 88.02.050 Application—Registration fee and excise tax—Registration number and decal—Registration periods—Renewals—Marine oil refuse dump and holding tank information—Transfer of registrations. (Effective June 30, 2012.) Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the 88.02.050 (2008 Ed.) 88.02.050 vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW. In addition, two additional dollars must be collected annually from every vessel registration application. These moneys must be deposited into the derelict vessel removal account established in RCW 79.100.100. If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer or appropriation of funds into the account or funds deposited into the account collected under RCW 88.02.270, reaches one million dollars as of March 1st of any year, the collection of the two-dollar fee must be suspended for the following fiscal year. Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ten dollar and fifty cent annual registration fee and the two-dollar derelict vessel fee. Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter. The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee, excise tax, and the derelict vessel fee. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department. When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process. A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar. [2007 c 342 § 6; 2002 c 286 § 13; 1993 c 244 § 38; 1989 c 17 § 1; 1983 2nd ex.s. c 3 § 45; 1983 c 7 § 18.] Effective date—2007 c 342 § 6: "Section 6 of this act takes effect June 30, 2012." [2007 c 342 § 10.] [Title 88 RCW—page 5] 88.02.052 Title 88 RCW: Navigation and Harbor Improvements Severability—Effective date—2002 c 286: See RCW 79.100.900 and 79.100.901. Application—1993 c 244 § 38: "Section 38 of this act applies to registrations expiring June 30, 1995, and thereafter." [1993 c 244 § 43.] Intent—1993 c 244: See note following RCW 79A.60.010. Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. 88.02.052 Voluntary donations in conjunction with registration—Maritime historic restoration and preservation. In conjunction with the registration of vessels under this chapter, the department shall provide an opportunity for each person registering a vessel to make a voluntary donation to support the maritime historic restoration and preservation activities of the Grays Harbor Historical Seaport and the Steamer Virginia V Foundation. All voluntary donations collected under this section shall be deposited in the maritime historic restoration and preservation account created under RCW 88.02.053. [1996 c 3 § 1.] 88.02.052 88.02.053 Maritime historic restoration and preservation account. (1) The maritime historic restoration and preservation account is created in the custody of the state treasurer. All receipts from the voluntary donations made simultaneously with the registration of vessels under chapter 88.02 RCW shall be deposited into this account. These deposits are not public funds and are not subject to allotment procedures under chapter 43.88 RCW. (2) At the end of each fiscal year, the state treasurer shall pay from this account to the department of licensing an amount equal to the reasonable administrative expenses of that agency for that fiscal year for collecting the voluntary donations and transmitting them to the state treasurer and shall pay to the state treasurer an amount equal to the reasonable administrative expenses of that agency for that fiscal year for maintaining the account and disbursing funds from the account. (3) At the end of each fiscal year, the state treasurer shall pay one-half of the balance of the funds in the account after payment of the administrative costs provided in subsection (2) of this section, to the Grays Harbor historical seaport or its corporate successor and the remainder to the Steamer Virginia V foundation or its corporate successor. (4) If either the Grays Harbor historical seaport and its corporate successors or the Steamer Virginia V foundation and its corporate successors legally ceases to exist, the state treasurer shall, at the end of each fiscal year, pay the balance of the funds in the account to the remaining organization. (5) If both the Grays Harbor historical seaport and its corporate successors and the Steamer Virginia V foundation and its corporate successors legally cease to exist, the department of licensing shall discontinue the collection of the voluntary donations in conjunction with the registration of vessels under RCW 88.02.052, and the balance of the funds in the account escheat to the state. If funds in the account escheat to the state, one-half of the fund balance shall be provided to the *office of archaeology and historic preservation and the remainder shall be deposited into the parks renewal and stewardship account. (6) The secretary of state, the directors of the state historical societies, the director of the *office of archaeology and 88.02.053 [Title 88 RCW—page 6] historic preservation within the department of community, trade, and economic development, and two members representing the recreational boating community appointed by the secretary of state, shall review the success of the voluntary donation program for maritime historic restoration and preservation established under RCW 88.02.052 and report their findings to the appropriate legislative committees by January 31, 1998. The findings must include the progress of the program and the potential to expand the voluntary funding to other historic vessels. [1996 c 3 § 2.] Reviser’s note: *(1) Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12. (2) 1996 c 3 directed that this section be added to chapter 43.08 RCW. This section has been codified in chapter 88.02 RCW, which relates more directly to vessel registration receipts. 88.02.055 Refund, collection of erroneous amounts— Penalty for false statement. (1) Whenever any license fee paid under this chapter has been erroneously paid, in whole or in part, the person paying the fee, upon satisfactory proof to the director of licensing, is entitled to a refund of the amount erroneously paid. (2) A license fee is refundable in one or more of the following circumstances: (a) If the vessel for which the renewal license was purchased was destroyed before the beginning date of the registration period for which the renewal fee was paid; (b) if the vessel for which the renewal license was purchased was permanently removed from the state before the beginning date of the registration period for which the renewal fee was paid; (c) if the vessel license was purchased after the owner has sold the vessel; (d) if the vessel is currently licensed in Washington and is subsequently licensed in another jurisdiction, in which case any full months of Washington fees between the date of license application in the other jurisdiction and the expiration of the Washington license are refundable; or (e) if the vessel for which the renewal license was purchased is sold before the beginning date of the registration period for which the renewal fee was paid, and the payor returns the new, unused, never affixed license renewal decal to the department before the beginning of the registration period for which the registration was purchased. (3) Upon the refund being certified as correct to the state treasurer by the director and being claimed in the time required by law, the state treasurer shall mail or deliver the amount of each refund to the person entitled to the refund. (4) A claim for refund shall not be allowed for erroneous payments unless the claim is filed with the director within three years after such payment was made. (5) If due to error a person has been required to pay a license fee under this chapter and excise tax which amounts to an overpayment of ten dollars or more, the person is entitled to a refund of the entire amount of the overpayment, regardless of whether a refund of the overpayment has been requested. If due to error the department or its agents has failed to collect the full amount of the license fee and excise tax due, which underpayment is in the amount of ten dollars or more, the department shall charge and collect the additional amount as will constitute full payment of the tax and fees. 88.02.055 (2008 Ed.) Vessel Registration (6) Any person who makes a false statement under which he or she obtains a refund to which he or she is not entitled under this section is guilty of a gross misdemeanor. [2003 c 53 § 413; 1997 c 22 § 2; 1996 c 31 § 2; 1989 c 68 § 5.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 88.02.060 Registration of dealers—Surety bond— Fees. (1) Each vessel dealer in this state shall register with the department in the manner and upon forms prescribed by the department, in accordance with rules adopted under chapter 34.05 RCW. After the completed vessel dealer application has been satisfactorily filed and the applicant is eligible as determined by the department’s rules, the department shall, if no denial proceeding is in effect, issue the vessel dealer’s registration on the basis of staggered annual expiration dates. (2) Before issuing a vessel dealer’s registration, the department shall require the applicant to file with the department a surety bond in the amount of five thousand dollars, running to the state of Washington, and executed by a surety company authorized to do business in the state of Washington. The bond shall be approved by the attorney general as to form and conditioned that the dealer shall conduct his business in conformity with the provisions of this chapter. Any vessel consignor or purchaser who has suffered any loss or damage by reason of any act or omission by a dealer that constitutes a violation of this chapter may institute an action for recovery against the dealer and the surety upon the bond. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. Upon exhaustion of the penalty of the bond or cancellation of the bond by the surety, the vessel dealer registration shall automatically be deemed canceled. (3) Vessel dealers selling fifteen vessels or fewer per year having a retail value of no more than two thousand dollars each shall not be subject to the provisions of subsection (2). (4) For the fiscal biennium from July 1, 1987, through June 30, 1989, the registration fee for dealers shall be fifty dollars per year for an original registration, and twenty-five dollars for any subsequent renewal. In addition, a fee of twenty-five dollars shall be collected for the first decal, fifteen dollars for each additional decal, and fifteen dollars for each vessel dealer display decal replacement. In ensuing biennia, the director shall establish the amount of such fees at a sufficient level to defray the costs of administering the vessel dealer registration program. All such fees shall be fixed by rule adopted by the director in accordance with the Administrative Procedure Act, chapter 34.05 RCW. All fees collected under this section shall be deposited with the state treasurer and credited to the general fund. [1987 c 149 § 1; 1983 c 7 § 19.] 88.02.060 Effective date—1987 c 149: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 149 § 15.] 88.02.070 Certificates of title. (1) The department shall provide for the issuance of vessel certificates of title. Applications for certificates may be made through the agents 88.02.070 (2008 Ed.) 88.02.075 appointed under RCW 88.02.040. The fee for a vessel certificate of title is five dollars. Fees required for licensing agents under RCW 46.01.140 are in addition to the vessel certificate of title fee. Fees for vessel certificates of title shall be deposited in the general fund. Security interests in vessels subject to the requirements of this chapter and attaching after July 1, 1983, shall be perfected only by indication upon the vessel’s title certificate. The provisions of chapters 46.12 and 46.16 RCW relating to motor vehicle certificates of registration, titles, certificate issuance, ownership transfer, and perfection of security interests, and other provisions which may be applied to vessels subject to this chapter, may be so applied by rule of the department if they are not inconsistent with this chapter. (2) Whenever a vessel is to be registered for the first time as required by this chapter, except for a vessel having a valid marine document as a vessel of the United States, application shall be made at the same time for a certificate of title. Any person who purchases or otherwise obtains majority ownership of any vessel subject to the provisions of this chapter, except for a vessel having a valid marine document as a vessel of the United States, shall within fifteen days thereof apply for a new certificate of title which shows the vessel’s change of ownership. (3) Security interests may be released or acted upon as provided by the law under which they arose or were perfected. No new security interest or renewal or extension of an existing security interest is affected except as provided under the terms of this chapter and RCW 46.12.095. (4) Notice shall be given to the issuing authority by the owner indicated on the certificate of registration within fifteen days of the occurrence of any of the following: Any change of address of owner; destruction, loss, abandonment, theft, or recovery of the vessel; or loss or destruction of a valid certificate of registration on the vessel. (5) Within five days, excluding Saturdays, Sundays, and state and federal holidays, the owner shall notify the department in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, and such description of the vessel, including the hull identification number, the vessel decal number, or both, as may be required by the department. [1996 c 315 § 5; 1991 c 339 § 31; 1985 c 258 § 4; 1983 2nd ex.s. c 3 § 46.] Effective dates—1996 c 315 §§ 1, 4, 5: See note following RCW 46.01.140. Effective date—1985 c 258: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [1985 c 258 § 13.] Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. 88.02.075 Duplicate certificates—Replacement decals—Surrender of original certificate or decal. (1) If a certificate of ownership, a certificate of registration, or a pair of decals is lost, stolen, mutilated, or destroyed or becomes illegible, the first priority secured party or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly apply for and may obtain a duplicate certificate or replacement decals upon payment of one dollar and twenty-five 88.02.075 [Title 88 RCW—page 7] 88.02.078 Title 88 RCW: Navigation and Harbor Improvements cents and furnishing information satisfactory to the department. (a) An application for a duplicate certificate of title shall be accompanied by an affidavit of loss or destruction in a form approved by the department and signed by the first secured party or, if none, the owner or legal representative of the owner. (b) An application for a duplicate certificate of registration or replacement decals shall be accompanied by an affidavit of loss or destruction in a form approved by the department and signed by the registered owner or legal representative of the owner. (2) The duplicate certificate of ownership or registration shall contain the legend, "duplicate." It shall be mailed to the first priority secured party named in it or, if none, to the owner. (3) A person recovering an original certificate of ownership, certificate of registration, or decal for which a duplicate or replacement has been issued shall promptly surrender the original to the department. [1997 c 241 § 12; 1986 c 71 § 1.] 88.02.078 Vessel dealer business address—Office— Identification of business. (1) A vessel dealer shall have and maintain an office in which to conduct business at the business address of the dealer. (2) The vessel dealer’s place of business shall be identified by an exterior sign with the business name. In the absence of other identifiers that the business conducted is marine business, the sign must identify the nature of the business, such as marine sales, service, repair, or manufacturing. [1987 c 149 § 2.] 88.02.078 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.090 Inspection of registration—Violation of chapter—Penalty. Any person charged with the enforcement of this chapter may request for inspection the certificate of registration from any vessel owner or operator to ascertain the legal and registered ownership of such vessel. Failure to provide such certificate for inspection upon the request of any person charged with enforcement of this chapter is a class 2 civil infraction. [2006 c 29 § 2; 1983 c 7 § 21.] 88.02.090 (3) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the arresting jurisdiction. (4) All law enforcement officers shall have the authority to enforce this chapter, and the rules adopted by the department pursuant to these statutes within their respective jurisdictions: PROVIDED, That a city, town, or county may contract with a fire protection district for such enforcement and fire protection districts are authorized to engage in such activities. [2006 c 29 § 3; 1993 c 244 § 4; 1987 c 149 § 13; 1984 c 183 § 2; 1983 2nd ex.s. c 3 § 50; 1983 c 7 § 22.] Intent—1993 c 244: See note following RCW 79A.60.010. Effective date—1987 c 149: See note following RCW 88.02.060. Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255. 88.02.112 Registration certificate required—Penalty. Any person engaging in vessel dealer activities without first obtaining a registration certificate is guilty of a gross misdemeanor. [1987 c 149 § 3.] 88.02.112 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.115 Additional penalties for unauthorized or personal use of dealer display decals. In addition to other penalties imposed by this chapter for unauthorized or personal use of vessel dealer display decals, the director may confiscate all display decals for such period as the director deems appropriate, and in addition, or in lieu of other sanctions, the director may impose a monetary penalty not exceeding twice the amount of excise tax that should have been paid to register each vessel properly. A monetary penalty assessment is in addition to any fees owing to register each vessel properly. Any monetary penalty imposed or vessel display decals confiscated shall be done in accordance with chapter 34.05 RCW. Any monetary penalty imposed by the director and the delinquent excise taxes collected shall be deposited in the general fund. [1987 c 149 § 6.] 88.02.115 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.118 Evasive registration—Penalty. It is a gross misdemeanor punishable as provided under chapter 9A.20 RCW for any person owning a vessel subject to taxation under chapter 82.49 RCW to register a vessel in another state to avoid Washington state vessel excise tax required under chapter 82.49 RCW or to obtain a vessel dealer’s registration for the purpose of evading excise tax on vessels under chapter 82.49 RCW. For a second or subsequent offense, the person convicted is also subject to a fine equal to four times the amount of avoided taxes and fees, no part of which may be suspended or deferred. Excise taxes owed and fines assessed will be deposited in the manner provided under RCW 46.16.010(4). [2003 c 53 § 414; 2000 c 229 § 6; 1999 c 277 § 10; 1996 c 184 § 4; 1993 c 238 § 4; 1987 c 149 § 7.] 88.02.118 88.02.100 Rule-making authority. The department may adopt rules under chapter 34.05 RCW to implement this chapter. [1983 c 7 § 20.] 88.02.100 88.02.110 Penalties—Disposition of moneys collected—Enforcement authority. (1) Except as otherwise provided in this chapter, a violation of this chapter and the rules adopted by the department pursuant to these statutes is a misdemeanor punishable only by a fine not to exceed one hundred dollars per vessel for the first violation. Subsequent violations in the same year are subject to the following fines: (a) For the second violation, a fine of two hundred dollars per vessel; (b) For the third and successive violations, a fine of four hundred dollars per vessel. (2) A violation designated in this chapter as a civil infraction shall be punished accordingly pursuant to chapter 7.80 RCW. 88.02.110 [Title 88 RCW—page 8] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective date—2000 c 229: See note following RCW 46.16.010. Effective date—1996 c 184: See note following RCW 46.16.010. Effective date—1987 c 149: See note following RCW 88.02.060. (2008 Ed.) Vessel Registration 88.02.120 Title certificate system—Legislative intent—Authority for rules and procedures to establish system. It is the intention of the legislature to establish a system of certificates of title for vessels and watercraft similar to that in existence for motor vehicles. It is the goal of this legislation that the title certificate become prima facie evidence of ownership of the vessel it describes so that persons may rely upon that certificate; and that security interest in vessels be perfected solely by notation of a secured party upon the title certificate. However, there are title certificates issued prior to June 30, 1985, which may not indicate security interests in the certificated vessel. The establishment of a more reliable system will require implementation over several years, as the existing security interests are either satisfied or their perfection is not continued. During this interim period of five years from June 30, 1985, two different classes, class A and class B, of title certificates will be in existence and issued by the department of licensing. The establishment and operation of the system for watercraft and vessels should be patterned upon the system established and operating for motor vehicles and the department of licensing is hereby authorized and directed to adopt the regulations and procedures necessary and desirable to establish such a similar system, excepting only as the same may be inconsistent with this chapter. [1985 c 258 § 1.] 88.02.120 Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.125 Evidence of ownership by vessel dealers— Sales of consigned vessels—Assignment and warranty of certificates of ownership. (1) Vessel dealers shall possess a certificate of ownership, a manufacturer’s statement of origin, a carpenter’s certificate, or a factory invoice or other evidence of ownership approved by the department for each vessel in the vessel dealer’s inventory unless the vessel for sale is consigned or subject to an inventory security agreement. Evidence of ownership shall be either in the name of the dealer or in the name of the dealer’s immediate vendor properly assigned. (2) A vessel dealer may display and sell consigned vessels or vessels subject to an inventory security agreement if there is a written and signed consignment agreement for each vessel or an inventory security agreement covering all inventory vessels. The consignment agreement shall include verification by the vessel dealer that evidence of ownership by the consignor exists and its location, the name and address of the registered owner, and the legal owner, if any. Vessels that are subject to an inventory security interest shall be supported with evidence of ownership that is in the dealer’s possession or the possession of the inventory security party. Upon payment of the debt secured for that vessel, the secured party shall deliver the ownership document, appropriately released, to the dealer. It is the vessel dealer’s responsibility to ensure that ownership documents are available for ownership transfer upon the sale of the vessel. (3) Following the retail sale of any vessel, the dealer shall promptly make application and execute the assignment and warranty of the certificate of ownership. Such assignment shall show any secured party holding a security interest created at the time of sale. The dealer shall deliver the certificate of ownership and application for registration to the department. [1994 c 262 § 27; 1987 c 149 § 8.] 88.02.125 (2008 Ed.) 88.02.170 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.130 Class A title certificates. After June 30, 1985, a class A certificate shall be issued in the following circumstances: (1) Upon application for a certificate of title to a new vessel never before titled and sold by an in-state or out-of-state dealer or manufacturer. The application must be accompanied by a manufacturer’s statement of origin or other document or documents certifying the first conveyance of said vessel after its manufacture. The manufacturer’s statement of origin or other similar document or documents shall reflect the model year, make, and hull identification number of the vessel. (2) Upon transfer of a vessel or release of a security interest in a vessel for which a class A certificate of title has previously been issued if the department receives appropriate releases of interests. (3) Commencing five years after June 30, 1985, in all cases. [1985 c 258 § 7.] 88.02.130 Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.140 Issuance of class A title certificates— Required evidence. After June 30, 1985, a class A title certificate may be issued upon application by an owner, purchaser, or secured party who presents evidence satisfactory to the department of ownership of the vessel in the registered owner’s name and the absence of security interests or claims except as will be shown on the new title certificate. The absence of outstanding security interests may be evidenced by appropriate Uniform Commercial Code financing statement searches by the appropriate filing officer or officers pursuant to *RCW 62A.9-407(2) and releases or disclaimers of interest by any secured parties who might have security interests perfected by filing of [a] Uniform Commercial Code financing statement. [1985 c 258 § 8.] 88.02.140 *Reviser’s note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW. Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.150 Issuance of class A title certificates—Limitation. A class A certificate of title shall not be issued for any vessel for which a class B certificate has been issued unless the class B certificate is surrendered together with appropriate releases of interest by parties shown on such certificate. [1985 c 258 § 9.] 88.02.150 Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.160 Class B title certificates. All titles issued prior to June 30, 1985, are designated class B title certificates. Class B certificates evidence ownership of vessels but the vessel is more likely to be subject to a valid and perfected security interest or other claims of interest than class A certificated vessels. [1985 c 258 § 2.] 88.02.160 Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.170 Class A and class B title certificates to have apparent distinctions—Class B certificate to bear legend. Class A and class B certificates shall be readily distinguish88.02.170 [Title 88 RCW—page 9] 88.02.180 Title 88 RCW: Navigation and Harbor Improvements able from each other, through different color, format, or other apparent distinctions. Each class B certificate issued after June 30, 1985, shall bear the legend: "The vessel may be subject to perfected security interests or claims not indicated on this certificate." [1985 c 258 § 5.] Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.180 Application for title certificate—Oath by owner. Each application for a title certificate shall require the person to be designated as the registered owner to swear under penalty of the perjury laws of this state that he is the owner or an authorized agent of the owner of the vessel, and that it is free of any claim of lien, mortgage, conditional sale, or other security interest of any person except the person or persons set forth in the application as secured parties. [1985 c 258 § 6.] 88.02.180 Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.184 Issuance of temporary permits by registered vessel dealers—Fee. (1) The department may authorize vessel dealers properly registered pursuant to this chapter to issue temporary permits to operate vessels under such rules as the department adopts. (2) The fee for each temporary permit application distributed to an authorized vessel dealer shall be five dollars, which shall be credited to the payment of registration fees at the time application for registration is made. [1987 c 149 § 9.] 88.02.184 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.188 Denial, suspension, or revocation of vessel dealer registration—Penalties. Except as otherwise provided in this chapter, the director may by order deny, suspend, or revoke the registration of any vessel dealer, or in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the applicant or registrant: (1) Is applying for a dealer’s registration or has obtained a dealer’s registration for the purpose of evading excise taxes on vessels; or (2) Has been adjudged guilty of a felony that directly relates to marine trade and the time elapsed since the adjudication is less than ten years. For purposes of this section, adjudged guilty means, in addition to a final conviction in court, an unvacated forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended; or (3) Has failed to comply with the trust account requirements of this chapter; or (4) Has failed to transfer a certificate of title to a purchaser as required in this chapter; or (5) Has misrepresented the facts at the time of application for registration or renewal; or (6) Has failed to comply with applicable provisions of this chapter or any rules adopted under it. [1987 c 149 § 12.] 88.02.189 Vessel registration or vessel dealer registration suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend the vessel registration or vessel dealer’s registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the department’s receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 863.] 88.02.189 *Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 88.02.190 Inspection of vessels. The department is hereby authorized to require inspection of vessels which are brought into this state from another state and for which no title certificate has been issued and for any other vessel if the department determines that inspection of the vessel will help to verify the accuracy of the information set forth on the application. [1985 c 258 § 10.] 88.02.190 88.02.188 Effective date—1987 c 149: See note following RCW 88.02.060. [Title 88 RCW—page 10] Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.200 Department and state immune from suit for administration of chapter. No suit or action shall ever be commenced or prosecuted against the department of licensing or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the department under chapter 88.02 RCW. [1985 c 258 § 11.] 88.02.200 Effective date—1985 c 258: See note following RCW 88.02.070. 88.02.210 Records of the purchase and sale of vessels. (1) A vessel dealer shall complete and maintain for a period of at least three years a record of the purchase and sale of all vessels purchased or consigned and sold by the vessel dealer. Records shall be made available for inspection by the department during normal business hours. (2) Before renewal of the vessel dealer registration, the department shall require, on the forms prescribed, a record of the number of vessels sold during the registration year. Vessel dealers who assert that they qualify for the exemption provided in RCW 88.02.060(3) shall also record, on forms prescribed, the highest retail value of any vessel sold in the registration year. [1987 c 149 § 10.] 88.02.210 Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.220 Receipt of cash or negotiable instrument before delivery of vessel—Trust account. A vessel dealer who receives cash or a negotiable instrument of deposit in 88.02.220 (2008 Ed.) Charter Boat Safety Act excess of one thousand dollars, or a deposit of any amount that will be held for more than fourteen calendar days, shall place the funds in a separate trust account. (1) The cash or negotiable instrument must be set aside immediately upon receipt for the trust account, or endorsed to such a trust account immediately upon receipt. (2) The cash or negotiable instrument must be deposited in the trust account by the close of banking hours on the day following the receipt. (3) After delivery of the purchaser’s vessel the vessel dealer shall remove the deposited funds from the trust account. (4) The dealer shall not commingle the purchaser’s funds with any other funds at any time. (5) The funds shall remain in the trust account until the delivery of the purchased vessel. However, upon written agreement from the purchaser, the vessel dealer may remove and release trust funds before delivery. [1991 c 339 § 33; 1987 c 149 § 11.] Effective date—1987 c 149: See note following RCW 88.02.060. 88.02.230 Exemption from vessel dealer requirements. (1) The department may exempt from compliance with the vessel dealer requirements of this chapter, any person who is engaged in the business of selling in this state at wholesale or retail, human-powered watercraft which is: (a) Under sixteen feet in length; (b) unable to be powered by propulsion machinery or wind propulsion as designed by the manufacturer; and (c) not designed for use on commonlyused navigable waters. (2) Any person engaged in the business of selling at wholesale or retail, exempt and nonexempt watercraft under this section shall only be required to comply with the provisions of this chapter in regard to the sale of nonexempt watercraft. (3) An auction company licensed under chapter 18.11 RCW and licensed as a motor vehicle dealer under chapter 46.70 RCW may sell at auction, without registering as a vessel dealer, all vessels that a vessel dealer is authorized to sell, so long as the sale of vessels is incidental to the auction company’s primary source of business and the length of any vessel being sold is no greater than twenty-five feet. The auction company shall comply with all other vessel dealer requirements of this chapter and rules adopted under this chapter if the registration fees and surety bond requirements in RCW 88.02.060 are waived. [2007 c 378 § 1; 1990 c 250 § 90.] Chapter 88.04 vessel, as that term is defined in RCW 79A.60.010, other than a personal watercraft, sold within this state must display a carbon monoxide warning sticker developed by the department on the interior of the vessel. (2) For vessels sold by a dealer, the dealer shall ensure that the warning sticker has been affixed prior to completing a transaction. (3) For a vessel sold by an individual, the department shall include the sticker in the registration materials provided to the new owner, and the department shall notify the new owner that the sticker must be affixed as described in subsection (1) of this section. (4) A warning sticker already developed by a vessel manufacturer may satisfy the requirements of this section if it has been approved by the department. The department shall approve a carbon monoxide warning sticker that has been approved by the United States coast guard for similar uses in other states. [2006 c 140 § 2.] Effective date—2006 c 140 §§ 2 and 3: "Sections 2 and 3 of this act take effect January 1, 2007." [2006 c 140 § 6.] Short title—2006 c 140: See note following RCW 79A.60.660. 88.02.230 Severability—1990 c 250: See note following RCW 46.16.301. 88.02.235 Denial of license. The director may deny a license under this chapter when the application is a subterfuge that conceals the real person in interest whose license has been denied, suspended, or revoked for cause under this chapter and the terms have not been fulfilled or a civil penalty has not been paid, or the director finds that the application was not filed in good faith. This section does not preclude the department from taking an action against a current licensee. [1997 c 432 § 3.] 88.02.235 88.02.260 Carbon monoxide poisoning informational brochure. The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required by RCW 88.02.250 as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due after January 1, 2007, and thereafter upon recommendation by the director of the department. The materials shall instruct the vessel owner to affix the stickers as required by RCW 88.02.250. [2006 c 140 § 3.] 88.02.260 Effective date—2006 c 140 §§ 2 and 3: See note following RCW 88.02.250. Short title—2006 c 140: See note following RCW 79A.60.660. 88.02.270 Derelict vessel removal surcharge. (Expires January 1, 2014.) (1) In order to address the significant backlog of derelict vessels that have accumulated in our state’s waters that pose a threat to the health and safety of the people and to our environment, the legislature intends to collect a derelict vessel removal surcharge. (2) In addition to the fees collected under RCW 88.02.050, the department shall collect an annual derelict vessel removal surcharge of one dollar effective with vessel registrations that are due or will become due on or after January 1, 2008. The revenue generated from the derelict vessel surcharge must be deposited into the derelict vessel removal account established under RCW 79.100.100, and is to be used only for the removal of vessels that are less than seventy-five feet in length. (3) This section expires January 1, 2014. [2007 c 342 § 7.] 88.02.270 Chapter 88.04 Chapter 88.04 RCW CHARTER BOAT SAFETY ACT (Formerly: Passenger watercraft for hire—Regulation) Sections 88.02.250 Carbon monoxide warning sticker—Display required. (1) Any new or used motor driven boat or 88.02.250 (2008 Ed.) 88.04.005 88.04.015 Purposes. Definitions. [Title 88 RCW—page 11] 88.04.005 88.04.025 88.04.035 88.04.045 88.04.055 88.04.065 88.04.075 88.04.085 88.04.310 88.04.320 88.04.330 88.04.900 Title 88 RCW: Navigation and Harbor Improvements Operating on state waters—Conditions. Inspection of charter boats—Certificate of inspection. Application for inspection—Inspection fee—Deposit of fees. Evidentiary hearings. Reciprocal agreements—Annual operating permits—Education and enforcement programs. Exemptions from chapter. Application of Washington industrial safety and health act. Inspection program fee. Operating violations enumerated—Penalties. Rule-making authority. Short title. Inspection and regulation, department of labor and industries: RCW 43.22.050. Regulation by first-class cities: RCW 35.22.280. noncharter and charter code cities: RCW 35A.11.020. second-class cities: RCW 35.23.440. 88.04.005 Purposes. The purposes of this chapter are as follows: (1) Regulate charter boats for the carrying of more than six passengers, which are operated on state waters and which are not regulated by the United States coast guard; (2) Protect the safety and health of employees, passengers, and persons utilizing charter boats; (3) Authorize the department of labor and industries to adopt rules regulating the use of charter boats operating on state waters and to issue licenses; and (4) Provide penalties for violations of this chapter. [1999 c 111 § 1; 1989 c 295 § 1.] 88.04.005 88.04.015 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of labor and industries. (2) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee or other consideration. (3) "Charter boat" means a vessel or barge operating on state waters that is not inspected or licensed by the United States coast guard and over which the United States coast guard does not exercise jurisdiction and which is rented, leased, or chartered to carry more than six persons or cargo. (4) "Equipment" means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine safety article, accessory, or equipment, including radio equipment, intended for use by a person on board a vessel. (5) "State waters" means all waters within the territorial limits of the state of Washington, and not subject to the jurisdiction of the United States coast guard. (6) "Operate" means to start or operate any engine which propels a vessel, or to physically control the motion, direction, or speed of a vessel. (7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest in a vessel which entitles that person to possession of the vessel; but does not include charterers and lessees. 88.04.015 [Title 88 RCW—page 12] (8) "Passenger" means a person carried on board a charter boat except: (a) The owner of the vessel or the owner’s agent; or (b) The captain and members of the vessel’s crew. (9) "Operator’s license" means a vessel operator’s license issued by the United States coast guard or department for the specified tonnage and operational waters of the vessel. (10) "Vessel" means every description of motorized watercraft, other than a bare-boat charter boat, seaplane, or sailboat, used or capable of being used to transport more than six passengers or cargo on water for rent, lease, or hire. (11) "Bare-boat charter" means the unconditional lease, rental, or charter of a boat by the owner, or his or her agent, to a person who by written agreement, or contract, assumes all responsibility and liability for the operation, navigation, and provisioning of the boat during the term of the agreement or contract, except when a captain or crew is required or provided by the owner or owner’s agents to be hired by the charterer to operate the vessel. [1999 c 111 § 2; 1991 c 45 § 1; 1989 c 295 § 2.] 88.04.025 Operating on state waters—Conditions. A person shall not rent, lease, or hire out a charter boat, nor carry, advertise for the carrying of, nor arrange for the carrying of, more than six passengers on a vessel for a fee or other consideration on state waters unless each of the following conditions is satisfied: (1)(a) The department has inspected the vessel within the previous twelve months and has issued for the vessel a certificate of inspection that is still valid and current and which allows the carrying of more than six passengers; or (b) The United States coast guard has inspected the vessel and has issued a certificate of inspection that is still valid and current and which allows the carrying of more than six passengers. (2) The operator of the vessel is licensed as an operator by either the United States coast guard or the department. The operator must carry such license at all times while operating the vessel and must display such license upon demand by the department. (3) The vessel has a valid and current registration certificate which is available for inspection by the department. (4) The vessel is covered by current and valid liability insurance. Proof of such coverage must be provided to the department upon demand. [1999 c 111 § 3; 1989 c 295 § 3.] 88.04.025 88.04.035 Inspection of charter boats—Certificate of inspection. The department shall inspect or provide for the inspection of every charter boat once every twelve months with the vessel in the water to determine if the vessel and its equipment comply with the rules promulgated by the department and with the applicable state and federal laws and regulations. Beginning no later than January 1, 2002, the department shall also inspect or provide for the inspection of every charter boat that carries more than six passengers once every sixty months with the vessel in drydock. In addition, the department may at any time inspect or provide for the inspection of any charter boat if the department has reasonable cause to believe either that a provision of this chapter has 88.04.035 (2008 Ed.) Charter Boat Safety Act been violated or that an inspection is necessary to ensure the safety of persons or property on the vessel. (1) Ninety days before any certificate of inspection expires, the department shall mail written notification to the owner of the vessel that a twelve-month or sixty-month inspection must be completed before the expiration date. The department shall include with the notification an application for inspection, which must be completed and returned by the owner no later than sixty days before the expiration date of the current certificate of inspection. The owner shall include the registration fee with the completed application form. A person filing an application shall certify by the person’s signature that the information furnished on the application is true and correct. (2) If, after the inspection, the department determines that the charter boat and its equipment comply with the rules promulgated by the department and with the applicable state and federal laws and regulations, the department shall issue to the owner of the charter boat a certificate of inspection. Such certificate shall specify the maximum passenger, crew, and total person capacity of the charter boat. The certificate shall be valid for one year from the date of issuance. The certificate shall be prominently displayed on the charter boat while the charter boat is operating upon state waters. (3) The department shall determine the minimum number of crew necessary for the safe operation of the charter boat. (4) If the department determines that the charter boat or its equipment does not comply with the rules promulgated by the department and with the applicable state and federal laws and regulations, the department shall not issue a certificate of inspection and any current certificate of inspection shall be revoked by the department. [1999 c 111 § 4; 1989 c 295 § 4.] 88.04.045 88.04.045 Application for inspection—Inspection fee—Deposit of fees. (1) The owner of a vessel which does not have a current certificate of inspection or which has not previously been inspected by the department and which must be inspected by the department shall file an application for inspection, accompanied by the required fee, no later than sixty days before the scheduled or requested inspection date. A person filing an application shall certify by the person’s signature that the information furnished on the application is true and correct. (2) When the department inspects or provides for the inspection of any charter boat because the department has reasonable cause to believe either that a provision of this chapter has been violated or that an inspection is necessary to ensure the safety of persons or property, the owner shall not be required to pay an inspection fee for that inspection. (3) When a twelve-month in-water inspection and a sixty-month drydock inspection are required in the same year, the owner shall only be required to pay the fee for the drydock inspection. (4) All sums received from licenses, inspection fees, or other sources described in this chapter shall be deposited in the industrial insurance trust funds and shall be used for administrative, education, and enforcement costs associated with this chapter. [1999 c 111 § 5; 1989 c 295 § 5.] (2008 Ed.) 88.04.085 88.04.055 88.04.055 Evidentiary hearings. (1) A person who has been denied a certificate of inspection or a license may petition the department for an evidentiary hearing. (2) A person who owns a charter boat may petition the department for an evidentiary hearing regarding the determination of the maximum passengers, crew, or total capacity of the charter boat. [1989 c 295 § 9.] 88.04.065 88.04.065 Reciprocal agreements—Annual operating permits—Education and enforcement programs. (1) The department may enter into reciprocal agreements with other states concerning the operation and inspection of charter boats from those states that operate on the waters of the state of Washington. Reciprocity shall be granted only if a state can establish to the satisfaction of the department that their laws and standards concerning charter boats meet or exceed the laws and rules of the state of Washington. A charter boat that operates on state waters under a reciprocal agreement pursuant to this section shall obtain an annual operating permit from the department for a fee for each year the charter boat does business on the waters of the state of Washington. The department shall deposit the fees from annual operating permits issued pursuant to this section in the industrial insurance trust funds. (2) The department shall develop an education and enforcement program designed to eliminate the operation of charter boats that have not been inspected and certified as required by this chapter, and shall provide the public with information regarding the safety features and requirements necessary for the lawful operation of charter boats. [1999 c 111 § 6; 1989 c 295 § 10.] 88.04.075 88.04.075 Exemptions from chapter. The provisions of this chapter shall not apply to: (1) A vessel that is a charter boat but is being used by the documented or registered owner of the charter boat exclusively for the owner’s own noncommercial or personal pleasure purposes; (2) A vessel owned by a person or corporate entity which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner; (3) A vessel that is rented, leased, or hired by an operator to transport passengers for noncommercial or personal pleasure purposes; (4) A vessel used exclusively for, or incidental to, an educational purpose; or (5) A bare-boat charter boat. [1991 c 45 § 2; 1989 c 295 § 11.] 88.04.085 88.04.085 Application of Washington industrial safety and health act. Unless specifically provided by statute this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW. [1989 c 295 § 12.] [Title 88 RCW—page 13] 88.04.310 Title 88 RCW: Navigation and Harbor Improvements 88.04.310 Inspection program fee. The owner or operator of every vessel inspected by the department shall pay the department a fee for each inspection. The fee shall be established by rule and shall cover the full cost of the inspection program including travel, per diem, and administrative and legal support costs for the program. [1999 c 111 § 7; 1989 c 295 § 6; 1979 c 74 § 2.] 88.04.310 88.04.320 Operating violations enumerated—Penalties. (1) It is unlawful for any person to operate a vessel unless that person holds a valid license issued by the United States coast guard or the department to operate a vessel of that class. (2) It is unlawful for any person to operate a vessel unless the vessel is operated in compliance with the rules of the department of labor and industries and has a current certificate of inspection posted. (3) Any violation of the licensing and inspection provisions of this chapter is punishable pursuant to the penalties provided under the Washington industrial safety and health act, chapter 49.17 RCW. [1989 c 295 § 7; 1979 c 74 § 3.] 88.04.320 88.04.330 Rule-making authority. The department shall adopt by rule, under chapter 34.05 RCW: (1) Procedures, standards, and fees for the licensing of operators of any vessel used as a charter boat, as defined under RCW 88.04.015, operating on state waters for rent, lease, or hire; (2) Standards and fees for the inspection of vessels; (3) Minimum safety and health standards for passengers and crew on board charter boats consistent with the rules adopted by the United States coast guard in 46 C.F.R., subchapter T, small passenger vessels under one hundred gross tons; and (4) Any other rules needed for the efficient administration of the purposes of this chapter. [1999 c 111 § 8; 1989 c 295 § 8; 1979 c 74 § 4.] 88.04.330 88.04.900 Short title. This chapter may be known and cited as the charter boat safety act. [1989 c 295 § 13.] 88.04.900 Chapter 88.08 Chapter 88.08 RCW SPECIFIC ACTS PROHIBITED facility for not more than ten years. [2003 c 53 § 415; 1992 c 7 § 62; 1909 c 249 § 402; RRS § 2654.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 88.08.030 Bringing certain foreign convicts into state. Every person who, being the master or commander of any vessel or boat arriving from a foreign country, shall knowingly bring into this state a person who has been or is a foreign convict of any offense, which, if committed in this state would be punishable under the laws thereof, shall be guilty of a misdemeanor. [1909 c 249 § 435; RRS § 2687.] 88.08.030 Reviser’s note: Caption for 1909 c 249 § 435 reads as follows: "Sec. 435. Master of Vessel Bringing Foreign Convict." 88.08.050 Injury to lighthouses or United States light. Every person who shall willfully break, injure, deface, or destroy any lighthouse station, post, platform, step, lamp, or other structure pertaining to such lighthouse station, or shall extinguish or tamper with any light erected by the United States upon or along the navigable waters of this state to aid in the navigation thereof, in case no punishment is provided therefor by the laws of the United States, shall be punished: (1) As a class B felony punishable by imprisonment in a state correctional facility for not more than ten years whenever such act may endanger the safety of any vessel navigating such waters, or jeopardize the safety of any person or property in or upon such vessel. (2) In all other cases by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both. [2003 c 53 § 416; 1992 c 7 § 63; 1909 c 249 § 403; RRS § 2655.] 88.08.050 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 88.08.060 Unlicensed pilotage. Every person not duly licensed thereto, who shall pilot or offer to pilot any vessel into, within or out of the waters of Juan de Fuca Strait or Puget Sound, shall be guilty of a misdemeanor: PROVIDED, That nothing herein shall prohibit a master of a vessel acting as his own pilot, nor compel a master or owner of any vessel to take out a pilot license for that purpose. [1909 c 249 § 293; RRS § 2545. Prior: 1888 p 177 § 18.] 88.08.060 Sections Chapter 88.16 88.08.020 88.08.030 88.08.050 88.08.060 Tampering with lights or signals. Bringing certain foreign convicts into state. Injury to lighthouses or United States light. Unlicensed pilotage. Construction projects in state waters: Chapter 77.55 RCW. Sections Damage by vessel to underwater cable: RCW 80.36.070. 88.16.005 88.16.010 Excessive steam in boilers, penalty: RCW 70.54.080. 88.16.020 Intoxication of steamship employees: RCW 9.91.020. 88.08.020 Tampering with lights or signals. Every person who, in such manner as might, if not discovered, endanger a vessel, railway engine, motor, train, or car, shall show, mask, extinguish, alter, or remove any light or signal, or exhibit any false light or signal, is guilty of a class B felony and shall be punished by imprisonment in a state correctional 88.08.020 [Title 88 RCW—page 14] Chapter 88.16 RCW PILOTAGE ACT 88.16.035 88.16.040 88.16.050 88.16.061 88.16.070 88.16.090 Legislative declaration of policy and intent. Board of pilotage commissioners—Created—Chairperson— Members—Terms—Qualifications—Vacancies—Quorum. Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel. Board of pilotage commissioners—Powers and duties. Oaths and subpoenas—Compelling attendance of witnesses— Contempt. Pilotage districts and waters affected. Pilotage account. Vessels exempted and included under chapter—Fee—Penalty. Pilot and pilot trainee licenses—Qualifications—Duration— Annual fee—Examinations and evaluations—Training program and license—Penalty—Reporting requirements. (2008 Ed.) Pilotage Act 88.16.100 88.16.102 88.16.103 88.16.105 88.16.107 88.16.110 88.16.115 88.16.118 88.16.120 88.16.130 88.16.133 88.16.135 88.16.140 88.16.150 88.16.155 88.16.160 88.16.170 88.16.180 88.16.190 88.16.195 88.16.200 Pilots’ licenses—Revocation, suspension, etc., of—Reprimand or fine—Other disciplinary actions—Procedure— Judicial review. Pilots’ licenses—Mandatory termination of. Mandatory rest periods for pilots and pilot trainees—Rules— Assignment refusal—Penalty. Size and type of vessels prescribed for newly licensed pilot— Rules. Pilots or pilot trainees may testify without sanctions for doing so. Pilots to file quarterly report—Contents. Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district—Deemed in public interest. Limited liability of pilots and pilot trainees—Liability of vessel, owner, or operator not limited. Failure to observe pilotage rate—Penalty. Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot. Deviations from state law—Duty to submit pilot’s report. Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request. Pilot’s lien for compensation. General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor. Vessel master to make certification before pilotage service offered—Procedure upon refusal—Rules—Penalties— Exception. Severability and short title. Oil tankers—Intent and purpose. Oil tankers—State licensed pilot required. Oil tankers—Restricted waters—Standard safety features required—Exemptions. Oil tankers—Not to exceed speed of escorting tug. Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions. Unlicensed pilotage: RCW 88.08.060. 88.16.005 Legislative declaration of policy and intent. The legislature finds and declares that it is the policy of the state of Washington to prevent the loss of human lives, loss of property and vessels, and to protect the marine environment of the state of Washington through the sound application of compulsory pilotage provisions in certain of the state waters. The legislature further finds and declares that it is a policy of the state of Washington to have pilots experienced in the handling of vessels aboard vessels in certain of the state waters with prescribed qualifications and licenses issued by the state. It is the intent of the legislature to ensure against the loss of lives, loss or damage to property and vessels, and to protect the marine environment through the establishment of a board of pilotage commissioners representing the interests of the people of the state of Washington. It is the further intent of the legislature not to place in jeopardy Washington’s position as an able competitor for waterborne commerce from other ports and nations of the world, but rather to continue to develop and encourage such commerce. [1977 ex.s. c 337 § 1.] 88.16.005 Severability—1977 ex.s. c 337: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 337 § 18.] 88.16.010 Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum. (1) The board of pilotage commissioners of the state of Washington is hereby created and shall consist of the assistant secretary of marine operations of the department of transportation of the state of Wash88.16.010 (2008 Ed.) 88.16.020 ington, or the assistant secretary’s designee who shall be an employee of the marine division, who shall be chairperson, the director of the department of ecology, or the director’s designee, and seven members appointed by the governor and confirmed by the senate. Each of the appointed commissioners shall be appointed for a term of four years from the date of the member’s commission. No person shall be eligible for appointment to the board unless that person is at the time of appointment eighteen years of age or over and a citizen of the United States and of the state of Washington. Two of the appointed commissioners shall be pilots licensed under this chapter and actively engaged in piloting upon the waters covered by this chapter for at least three years immediately preceding the time of appointment and while serving on the board. One pilot shall be from the Puget Sound pilotage district and the other pilot shall be from either the Grays Harbor pilotage district or the Puget Sound pilotage district. Two of the appointed commissioners shall be actively engaged in the ownership, operation, or management of deep sea cargo and/or passenger carrying vessels for at least three years immediately preceding the time of appointment and while serving on the board. One of the shipping commissioners shall be a representative of American and one of foreign shipping. One of the commissioners shall be a representative from a recognized environmental organization concerned with marine waters. The remaining commissioners shall be persons interested in and concerned with pilotage, maritime safety, and marine affairs, with broad experience related to the maritime industry exclusive of experience as either a state licensed pilot or as a shipping representative. (2) Any vacancy in an appointed position on the board shall be filled by the governor for the remainder of the unfilled term, subject to confirmation by the senate. (3) Five members of the board shall constitute a quorum. At least one pilot, one shipping representative, and one public member must be present at every meeting. All commissioners and the chairperson shall have a vote. [2008 c 128 § 1; 2003 c 58 § 1; 2001 c 36 § 4; 1991 c 200 § 1001; 1987 c 485 § 1; 1979 ex.s. c 207 § 1; 1977 ex.s. c 337 § 2; 1977 ex.s. c 151 § 73; 1971 ex.s. c 292 § 58; 1935 c 18 § 1; RRS § 98711. Prior: 1888 p 175 § 1.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. Federal requirements—Severability—1977 ex.s. c 151: See RCW 47.98.070 and 47.98.080. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 88.16.020 Board of pilotage commissioners— Office—Compensation and travel expenses of members—Employment of personnel. The department of transportation of the state of Washington shall be the office of the board, and all records shall be kept in the office of the department. Each pilotage commissioner shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060, to be paid out of the pilotage account on vouchers approved by the chairperson of the board: PROVIDED, That the sums received under this section shall not be considered compensation earnable as defined pursuant to RCW 41.40.010(8). 88.16.020 [Title 88 RCW—page 15] 88.16.035 Title 88 RCW: Navigation and Harbor Improvements The board is authorized to employ personnel, pursuant to chapter 41.06 RCW, as necessary to conduct the business of the board. [1984 c 287 § 111; 1977 ex.s. c 337 § 3; 1977 ex.s. c 151 § 74; 1975-’76 2nd ex.s. c 34 § 178; 1967 c 15 § 1; 1941 c 184 § 1; 1935 c 18 § 2; RRS § 9871-2.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. Federal requirements—Severability—1977 ex.s. c 151: See RCW 47.98.070 and 47.98.080. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 88.16.035 Board of pilotage commissioners—Powers and duties. (1) The board of pilotage commissioners shall: (a) Adopt rules, pursuant to chapter 34.05 RCW, necessary for the enforcement and administration of this chapter; (b)(i) Issue training licenses and pilot licenses to pilot applicants meeting the qualifications provided for in RCW 88.16.090 and such additional qualifications as may be determined by the board; (ii) Establish a comprehensive training program to assist in the training and evaluation of pilot applicants before final licensing; and (iii) Establish additional training requirements, including a program of continuing education developed after consultation with pilot organizations, including those located within the state of Washington, as required to maintain a competent pilotage service; (c) Maintain a register of pilots, records of pilot accidents, and other history pertinent to pilotage; (d) Determine from time to time the number of pilots necessary to be licensed in each district of the state to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service in each district; (e) Annually fix the pilotage tariffs for pilotage services performed aboard vessels as required by this chapter: PROVIDED, That the board may fix extra compensation for extra services to vessels in distress, for awaiting vessels, for all vessels in direct transit to or from a Canadian port where Puget Sound pilotage is required for a portion of the voyage, or for being carried to sea on vessels against the will of the pilot, and for such other services as may be determined by the board; (f) File annually with the governor and the chairs of the transportation committees of the senate and house of representatives a report which includes, but is not limited to, the following: The number, names, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot or trainee; the names, employment, and other information of the members of the board; the total number of pilotage assignments by pilotage district, including information concerning the various types and sizes of vessels and the total annual tonnage; the annual earnings or stipends of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category; the annual expenses of private pilot associations, including personnel employed and capital expenditures; the status of pilotage tariffs, extra compensation, and travel; the retirement contributions paid to pilots 88.16.035 [Title 88 RCW—page 16] and the disposition thereof; the number of groundings, marine occurrences, or other incidents which are reported to or investigated by the board, and which are determined to be accidents, as defined by the board, including the vessel name, location of incident, pilot’s or trainee’s name, and disposition of the case together with information received before the board acted from all persons concerned, including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of persons desiring to apply for Washington state pilotage licenses; summaries of dispatch records, quarterly reports from pilots, and the bylaws and operating rules of pilotage organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot or trainee, and names and horsepower of tug boats for any and all oil tankers subject to the provisions of RCW 88.16.190 together with the names of any and all vessels for which the United States coast guard requires special handling pursuant to their authority under the Ports and Waterways Safety Act of 1972; the expenses of the board; and any and all other information which the board deems appropriate to include; (g) Make available information that includes the pilotage act and other statutes of Washington state and the federal government that affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters; (h) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter; (i) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter; and do such other things as are reasonable, necessary, and expedient to insure proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter. (2) The board may pay stipends to pilot trainees under subsection (1)(b) of this section. [2008 c 128 § 2; 2006 c 53 § 1; 2005 c 26 § 1; 1987 c 264 § 1; 1977 ex.s. c 337 § 4.] Retroactive application—2006 c 53: "This act is intended to clarify the authority of the board of pilotage commissioners to pay stipends to pilot trainees that have indicated they wish to receive a stipend during the board of pilotage commissioners’ training program. Section 1 of this act is remedial and curative in nature and applies retroactively to December 1, 2005. Specifically, the board may pay stipends, pursuant to the rules established by the board, to any pilot trainees that qualified for the stipends on, or after, December 1, 2005." [2006 c 53 § 3.] Effective date—2006 c 53: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2006]." [2006 c 53 § 4.] Effective date—2005 c 26: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 12, 2005]." [2005 c 26 § 4.] Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.040 Oaths and subpoenas—Compelling attendance of witnesses—Contempt. Any member of the board shall have power to administer oaths in any matter before the board for consideration or inquiry and to issue subpoenas requiring witnesses to appear before the board. Such subpoenas shall be signed by a member of the board and issued in the name of the state of Washington and be served and 88.16.040 (2008 Ed.) Pilotage Act returned, and mileage and witness fees shall be paid in like manner and effect as in a civil action. A witness wilfully disobeying such subpoena served upon the witness shall be proceeded against upon complaint of the board to the attorney general or the prosecuting attorney of the county where the attendance of the witness was demanded as for a contempt of the authority of the superior court of said county. [1987 c 485 § 2; 1967 c 15 § 9; 1935 c 18 § 14; RRS § 9871-14.] 88.16.050 Pilotage districts and waters affected. This chapter shall apply to the pilotage districts of this state as defined in this section. (1) "Puget Sound pilotage district", whenever used in this chapter, shall be construed to mean and include all the waters of the state of Washington inside the international boundary line between the state of Washington, the United States and the province of British Columbia, Canada and east of one hundred twenty-three degrees twenty-four minutes west longitude. (2) "Grays Harbor pilotage district" shall include all inland waters, channels, waterways, and navigable tributaries within Grays Harbor and Willapa Harbor. The boundary line between Grays Harbor and Willapa Harbor and the high seas shall be defined by the board. [1987 c 485 § 3; 1979 ex.s. c 207 § 2; 1977 ex.s. c 337 § 5; 1971 ex.s. c 297 § 2; 1967 c 15 § 2; 1935 c 18 § 3; RRS § 9871-3.] 88.16.050 Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.061 Pilotage account. (Effective until July 1, 2009.) The account in the general fund designated in RCW 43.79.330(17) as the "Puget Sound pilotage account" is hereby redesignated as the "pilotage account". [1967 c 15 § 11.] 88.16.061 88.16.061 Pilotage account. (Effective July 1, 2009.) The account in the general fund designated in *RCW 43.79.330(17) as the "Puget Sound pilotage account" is hereby redesignated as the "pilotage account". The pilotage account is hereby redesignated as a nonappropriated account, and is therefore created in the custody of the state treasurer. All receipts designated, credited, or transferred to the pilotage account must be deposited into the account. Expenditures from the account may be used only for the purposes of the board of pilotage commissioners as prescribed under this chapter. Only the board or the board’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2008 c 128 § 17; 1967 c 15 § 11.] 88.16.061 *Reviser’s note: RCW 43.79.330(17) was renumbered in 1979, 1980, and 1981, and was subsequently deleted by 2008 c 128 § 18, effective July 1, 2009. Effective date—2008 c 128 §§ 17-20: "Sections 17 through 20 of this act take effect July 1, 2009." [2008 c 128 § 21.] 88.16.070 Vessels exempted and included under chapter—Fee—Penalty. Every vessel not exempt under this section that operates in the waters of the Puget Sound pilotage district or Grays Harbor pilotage district is subject to compulsory pilotage under this chapter. 88.16.070 (2008 Ed.) 88.16.070 (1) A United States vessel on a voyage in which it is operating exclusively on its coastwise endorsement, its fishery endorsement (including catching and processing its own catch outside United States waters and economic zone for delivery in the United States), and/or its recreational (or pleasure) endorsement, and all United States and Canadian vessels engaged exclusively in the coasting trade on the west coast of the continental United States (including Alaska) and/or British Columbia shall be exempt from the provisions of this chapter unless a pilot licensed under this chapter be actually employed, in which case the pilotage rates provided for in this chapter shall apply. (2) The board may, upon the written petition of any interested party, and upon notice and opportunity for hearing, grant an exemption from the provisions of this chapter to any vessel that the board finds is (a) a small passenger vessel that is not more than five hundred gross tons (international), does not exceed two hundred feet in overall length, and is operated exclusively in the waters of the Puget Sound pilotage district and lower British Columbia, or (b) a yacht that is not more than five hundred gross tons (international) and does not exceed two hundred feet in overall length. Such an exemption shall not be detrimental to the public interest in regard to safe operation preventing loss of human lives, loss of property, and protecting the marine environment of the state of Washington. Such petition shall set out the general description of the vessel, the contemplated use of same, the proposed area of operation, and the name and address of the vessel’s owner. The board shall annually, or at any other time when in the public interest, review any exemptions granted to this specified class of small vessels to insure that each exempted vessel remains in compliance with the original exemption. The board shall have the authority to revoke such exemption where there is not continued compliance with the requirements for exemption. The board shall maintain a file which shall include all petitions for exemption, a roster of vessels granted exemption, and the board’s written decisions which shall set forth the findings for grants of exemption. Each applicant for exemption or annual renewal shall pay a fee, payable to the pilotage account. Fees for initial applications and for renewals shall be established by rule, and shall not exceed one thousand five hundred dollars. The board shall report annually to the legislature on such exemptions. (3) Every vessel not exempt under subsection (1) or (2) of this section shall, while navigating the Puget Sound and Grays Harbor pilotage districts, employ a pilot licensed under the provisions of this chapter and shall be liable for and pay pilotage rates in accordance with the pilotage rates herein established or which may hereafter be established under the provisions of this chapter: PROVIDED, That any vessel inbound to or outbound from Canadian ports is exempt from the provisions of this section, if said vessel actually employs a pilot licensed by the Pacific pilotage authority (the pilot licensing authority for the western district of Canada), and if it is communicating with the vessel traffic system and has appropriate navigational charts, and if said vessel uses only those waters east of the international boundary line which are west of a line which begins at the southwestern edge of Point Roberts then to Alden Point (Patos Island), then to Skipjack Island light, then to Turn Point (Stuart Island), then to Kellet Bluff (Henry Island), then to Lime Kiln (San Juan Island) [Title 88 RCW—page 17] 88.16.090 Title 88 RCW: Navigation and Harbor Improvements then to the intersection of one hundred twenty-three degrees seven minutes west longitude and forty-eight degrees twentyfive minutes north latitude then to the international boundary. The board shall correspond with the Pacific pilotage authority from time to time to ensure the provisions of this section are enforced. If any exempted vessel does not comply with these provisions it shall be deemed to be in violation of this section and subject to the penalties provided in RCW 88.16.150 as now or hereafter amended and liable to pilotage fees as determined by the board. The board shall investigate any accident on the waters covered by this chapter involving a Canadian pilot and shall include the results in its annual report. [2008 c 128 § 3; 1996 c 144 § 1; 1995 c 174 § 1; 1987 c 194 § 2; 1977 ex.s. c 337 § 6; 1971 ex.s. c 297 § 3; 1967 c 15 § 3; 1935 c 18 § 4; RRS § 9871-4.] Intent—1987 c 194: "The legislature intends to provide a limited exemption from the provisions of this chapter for a specified class of small vessels registered as passenger vessels or yachts. It is not the intent of the legislature that such an exemption shall be a precedent for future exemptions of other classes of vessels from the provisions of this chapter." [1987 c 194 § 1.] Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.090 Pilot and pilot trainee licenses—Qualifications—Duration—Annual fee—Examinations and evaluations—Training program and license—Penalty— Reporting requirements. (1) A person may pilot any vessel subject to this chapter on waters covered by this chapter only if licensed to pilot such vessels on such waters under this chapter. (2)(a) A person is eligible to be licensed as a pilot or a pilot trainee if the person: (i) Is a citizen of the United States; (ii) Is over the age of twenty-five years and under the age of seventy years; (iii)(A) Holds at the time of application, as a minimum, a United States government license as master of steam or motor vessels of not more than one thousand six hundred gross register tons (three thousand international tonnage convention tons) upon oceans, near coastal waters, or inland waters; or the then most equivalent federal license as determined by the board; any such license to have been held by the applicant for a period of at least two years before application; (B) Holds at the time of licensure as a pilot, after successful completion of the board-required training program, a first class United States endorsement without restrictions on the United States government license for the pilotage district in which the pilot applicant desires to be licensed; however, all applicants for a pilot examination scheduled to be given before July 1, 2008, must have the United States pilotage endorsement at the time of application; and (C) The board may require that applicants and pilots have federal licenses and endorsements as it deems appropriate; and (iv) Successfully completes a board-specified training program. (b) In addition to the requirements of (a) of this subsection, a pilot applicant must meet such other qualifications as may be required by the board. (c) A person applying for a license under this section shall not have been convicted of an offense involving drugs 88.16.090 [Title 88 RCW—page 18] or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction does not apply to license renewals under this section. (3) The board may establish such other training license and pilot license requirements as it deems appropriate. (4) Pilot applicants shall be evaluated and may be ranked for entry into a board-specified training program in a manner specified by the board based on their performance on a written examination or examinations established by the board, performance on other evaluation exercises as may be required by the board, and other criteria or qualifications as may be set by the board. When the board determines that the demand for pilots requires entry of an applicant into the training program it shall issue a training license to that applicant, but under no circumstances may an applicant be issued a training license more than four years after taking the written entry examination. The training license authorizes the trainee to do such actions as are specified in the training program. After the completion of the training program the board shall evaluate the trainee’s performance and knowledge. The board, as it deems appropriate, may then issue a pilot license, delay the issuance of the pilot license, deny the issuance of the pilot license, or require further training and evaluation. (5) The board may (a) appoint a special independent committee or (b) contract with private or governmental entities knowledgeable and experienced in the development, administration, and grading of licensing examinations or simulator evaluations for marine pilots, or (c) do both. Active, licensed pilots designated by the board may participate in the development, administration, and grading of examinations and other evaluation exercises. If the board does appoint a special examination or evaluation development committee, it is authorized to pay the members of the committee the same compensation and travel expenses as received by members of the board. Any person who willfully gives advance knowledge of information contained on a pilot examination or other evaluation exercise is guilty of a gross misdemeanor. (6) This subsection applies to the review of a pilot applicant’s written examinations and evaluation exercises to qualify to be placed on a waiting list to become a pilot trainee. Failure to comply with the process set forth in this subsection renders the results of the pilot applicant’s written examinations and evaluation exercises final. A pilot applicant may seek board review, administrative review, and judicial review of the results of the written examinations and evaluation exercises in the following manner: (a) A pilot applicant who seeks a review of the results of his or her written examinations or evaluation exercises must request from the board-appointed or board-designated examination committee an administrative review of the results of his or her written examinations or evaluation exercises as set forth by board rule. (b) The determination of the examination committee’s review of a pilot applicant’s examination results becomes final after thirty days from the date of service of written notification of the committee’s determination unless a full adjudicative hearing before an administrative law judge has been requested by the pilot applicant before the thirty-day period has expired, as set forth by board rule. (2008 Ed.) Pilotage Act (c) When a full adjudicative hearing has been requested by the pilot applicant, the board shall request the appointment of an administrative law judge under chapter 34.12 RCW who has sufficient experience and familiarity with pilotage matters to be able to conduct a fair and impartial hearing. The hearing shall be governed by chapter 34.05 RCW. The administrative law judge shall issue an initial order. (d) The initial order of the administrative law judge is final unless within thirty days of the date of service of the initial order the board or pilot applicant requests review of the initial order under chapter 34.05 RCW. (e) The board may appoint a person to review the initial order and to prepare and enter a final order as governed by chapter 34.05 RCW and as set forth by board rule. The person appointed by the board under this subsection (6)(e) is called the board reviewing officer. (7) Pilots are licensed under this section for a term of five years from and after the date of the issuance of their respective state licenses. Licenses must thereafter be renewed as a matter of course, unless the board withholds the license for good cause. Each pilot shall pay to the state treasurer an annual license fee in an amount set by the board by rule. The fees established under this subsection may be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 through the fiscal year ending June 30, 2009. The fees must be deposited in the pilotage account. The board may assess partially active or inactive pilots a reduced fee. (8) All pilots and pilot trainees are subject to an annual physical examination by a physician chosen by the board. The physician shall examine the pilot’s or pilot trainee’s heart, blood pressure, circulatory system, lungs and respiratory system, eyesight, hearing, and such other items as may be prescribed by the board. After consultation with a physician and the United States coast guard, the board shall establish minimum health standards to ensure that pilots and pilot trainees licensed by the state are able to perform their duties. Within ninety days of the date of each annual physical examination, and after review of the physician’s report, the board shall make a determination of whether the pilot or pilot trainee is fully able to carry out the duties of a pilot or pilot trainee under this chapter. The board may in its discretion check with the appropriate authority for any convictions of or information regarding offenses by a licensed pilot or pilot trainee involving drugs or the personal consumption of alcohol in the prior twelve months. (9) The board may require vessel simulator training for a pilot trainee and shall require vessel simulator training for a licensed pilot subject to RCW 88.16.105. The board shall also require vessel simulator training in the first year of active duty for a new pilot and at least once every five years for all active pilots. (10) The board shall prescribe, pursuant to chapter 34.05 RCW, such reporting requirements and review procedures as may be necessary to assure the accuracy and validity of license and service claims. Willful misrepresentation of such required information by a pilot applicant shall result in disqualification of the pilot applicant. [2008 c 128 § 4; 2007 c 518 § 706; 2005 c 26 § 2; 1999 sp.s. c 1 § 607; 1995 c 175 § 1; 1991 c 200 § 1002. Prior: 1990 c 116 § 27; 1990 c 112 § 1; 1987 c 264 § 2; 1986 c 122 § 1; 1981 c 303 § 1; 1979 ex.s. (2008 Ed.) 88.16.100 c 207 § 3; 1977 ex.s. c 337 § 7; 1967 c 15 § 5; 1935 c 18 § 8; RRS § 9871-8; prior: 1907 c 147 § 1; 1888 p 176 § 8.] Severability—Effective date—2007 c 518: See notes following RCW 46.68.170. Effective date—2005 c 26: See note following RCW 88.16.035. Severability—Effective date—1999 sp.s. c 1: See notes following RCW 43.19.1906. Effective date—1995 c 175: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 c 175 § 2.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.100 Pilots’ licenses—Revocation, suspension, etc., of—Reprimand or fine—Other disciplinary actions—Procedure—Judicial review. (1) The board shall have power on its own motion or, in its discretion, upon the written request of any interested party, to investigate the performance of pilotage services subject to this chapter and to issue a reprimand, impose a fine against a pilot in an amount not to exceed five thousand dollars, suspend, withhold, or revoke the license of any pilot, or any combination of the above, for misconduct, incompetency, inattention to duty, intoxication, or failure to perform his duties under this chapter, or violation of any of the rules or regulations provided by the board for the government of pilots. The board may partially or totally stay any disciplinary action authorized in this subsection and subsection (2) of this section. The board shall have the power to require that a pilot satisfactorily complete a specific course of training or treatment. (2) In all instances where a pilot licensed under this chapter performs pilot services on a vessel exempt under RCW 88.16.070, the board may on its own motion, or in its discretion upon the written request of any interested party, investigate whether the services were performed in a professional manner consistent with sound maritime practices. If the board finds that the pilotage services were performed in a manner that constitutes an act of incompetence, misconduct, or negligence so as to endanger life, limb, or property, or violated or failed to comply with state laws or regulations intended to promote marine safety or to protect navigable waters, the board may issue a reprimand, impose a fine against a pilot in an amount not to exceed five thousand dollars, suspend, withhold, or revoke the state pilot license, or any combination of the above. The board shall have the power to require that a pilot satisfactorily complete a specific course of training or treatment. (3) The board shall implement a system of specified disciplinary actions or corrective actions, including training or treatment, that will be taken when a state licensed pilot in a specified period of time has had multiple disciplinary actions taken against the pilot’s license pursuant to subsections (1) and (2) of this section. In developing these disciplinary or corrective actions, the board shall take into account the cause of the disciplinary action and the pilot’s previous record. (4) The board shall immediately review the pilot’s license of a pilot who has been charged with any offense 88.16.100 [Title 88 RCW—page 19] 88.16.102 Title 88 RCW: Navigation and Harbor Improvements involving drugs or the personal consumption of alcohol while on duty, including an offense of operation of a vehicle or vessel while under the influence of alcohol or drugs. After a hearing held pursuant to subsection (5) of this section: (a) The board shall order a pilot who has been found to have been convicted of an offense involving drugs or the personal consumption of alcohol while on duty and who has not been convicted of another offense involving drugs or the personal consumption of alcohol in the previous five years to actively participate in and satisfactorily complete a specific program of treatment. The board may impose other sanctions it determines are appropriate. If the pilot does not satisfactorily complete the program of treatment, the board shall suspend, revoke, or withhold the pilot’s license until the treatment is completed; and (b) The board shall suspend for not less than one year the license of a pilot found to have been convicted of a second or subsequent offense involving drugs or the personal consumption of alcohol while on duty. (5) When the board determines that reasonable cause exists to issue a reprimand, impose a fine, suspend, revoke, or withhold any pilot’s license or require training or treatment under subsection (1), (2), or (4) of this section, it shall prepare and personally serve upon such pilot a notice advising him or her of the board’s intended action, the specific grounds for the action, and the right to request a hearing to challenge the board’s action. The pilot shall have thirty days from the date on which notice is served to request a full hearing before an administrative law judge on the issue of the reprimand, fine, suspension, revocation, or withholding of his or her pilot’s license, or requiring treatment or training. The board’s proposed reprimand, fine, suspension, revocation, or withholding of a license, or requiring treatment or training shall become final upon the expiration of thirty days from the date notice is served, unless a hearing has been requested prior to that time. When a hearing is requested, the board shall request the appointment of an administrative law judge under chapter 34.12 RCW who has sufficient experience and familiarity with pilotage matters to be able to conduct a fair and impartial hearing. The hearing shall be governed by the provisions of Title 34 RCW. All final decisions of the administrative law judge shall be subject to review by the superior court of the state of Washington for Thurston county, by the superior court of the county in which the pilot maintains his or her residence or principal place of business, or by the superior court of the county in which the board maintains its office, to which court any case with all the papers and proceedings therein shall be immediately certified by the administrative law judge if requested to do so by any party to the proceedings at any time within thirty days after the date of any such final decision. No appeal may be taken after the expiration of thirty days after the date of final decision. Any case so certified to the superior court shall be tried de novo and after certification of the record to said superior court the proceedings shall be had as in a civil action. Moneys collected from fines under this section shall be deposited in the pilotage account. (6) The board shall have the power, on an emergency basis, to temporarily suspend a state pilot’s license: (a) When a pilot has been involved in any vessel accident where there has been major property damage, loss of life, or loss of a ves[Title 88 RCW—page 20] sel, or (b) where there is a reasonable cause to believe that a pilot has diminished mental capacity or is under the influence of drugs, alcohol, or other substances, when in the opinion of the board, such an accident or physical or mental impairment would significantly diminish that pilot’s ability to carry out pilotage duties and that the public health, safety, and welfare requires such emergency action. The board shall make a determination within seventy-two hours whether to continue the suspension. The board shall develop rules for exercising this authority including procedures for the chairperson or vice-chairperson of the board to temporarily order such suspensions, emergency meetings of the board to consider such suspensions, the length of suspension, opportunities for hearings, and an appeal process. The board shall develop rules under chapter 34.05 RCW. (7) The board shall immediately notify the United States coast guard that it has revoked or suspended a license pursuant to this section and that a suspended or revoked license has been reinstated. [2008 c 128 § 5; 1990 c 116 § 28; 1987 c 392 § 1; 1986 c 121 § 1; 1981 c 67 § 36; 1977 ex.s. c 337 § 12; 1971 ex.s. c 297 § 4; 1935 c 18 § 13; RRS § 9871-13. Prior: 1888 p 178 § 10.] Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Severability—1987 c 392: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 392 § 2.] Severability—1986 c 121: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 121 § 2.] Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.102 Pilots’ licenses—Mandatory termination of. The license of a pilot is terminated upon the pilot reaching the age of seventy. [2008 c 128 § 6; 1979 ex.s. c 207 § 4.] 88.16.102 88.16.103 Mandatory rest periods for pilots and pilot trainees—Rules—Assignment refusal—Penalty. (1) Pilots and pilot trainees, after completion of an assignment or assignments which are seven hours or longer in duration, shall receive a mandatory rest period of seven hours. (2) A pilot or pilot trainee shall refuse a pilotage assignment if the pilot or pilot trainee is physically or mentally fatigued or if the pilot or pilot trainee has a reasonable belief that the assignment cannot be carried out in a competent and safe manner. Upon refusing an assignment under this subsection, a pilot or pilot trainee shall submit a written explanation to the board within forty-eight hours. If the board finds that the pilot’s or pilot trainee’s written explanation is without merit, or reasonable cause did not exist for the assignment refusal, such pilot or pilot trainee may be subject to the provisions of RCW 88.16.100. (3) The board shall quarterly review the dispatch records of pilot organizations or pilot’s quarterly reports to ensure the provisions of this section are enforced. The board may prescribe rules for rest periods pursuant to chapter 34.05 RCW. [2008 c 128 § 7; 1986 c 122 § 2; 1977 ex.s. c 337 § 9.] 88.16.103 Severability—1977 ex.s. c 337: See note following RCW 88.16.005. (2008 Ed.) Pilotage Act 88.16.105 Size and type of vessels prescribed for newly licensed pilot—Rules. The board shall prescribe, pursuant to chapter 34.05 RCW, rules governing the size and type of vessels which a newly licensed pilot may be assigned to pilot on the waters of this state and whether the assignment involves docking or undocking a vessel. The rules shall also prescribe required familiarization trips before a newly licensed pilot may pilot a larger or different type of vessel. [2008 c 128 § 8; 1991 c 200 § 1003; 1987 c 264 § 3; 1977 ex.s. c 337 § 10.] 88.16.105 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.107 Pilots or pilot trainees may testify without sanctions for doing so. Any pilot or pilot trainee licensed pursuant to this chapter may appear or testify before the legislature or board of pilotage commissioners and no person shall place any sanction against said pilot or pilot trainee for having testified or appeared. [2008 c 128 § 9; 1977 ex.s. c 337 § 15.] 88.16.107 Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.110 Pilots to file quarterly report—Contents. (1) Every pilot licensed under this chapter shall file with the board not later than the tenth day of January, April, July, and October of each year a report for the preceding quarter. The report shall contain an account of all moneys received for pilotage by him or her or by any other person for the pilot or on the pilot’s account or for his or her benefit. The report shall state the name of each vessel piloted, the amount charged to and/or collected from each vessel, the port of registry of such vessel, its dead weight tonnage, whether it was inward or outward bound, whether the amount so received, collected, or charged is in full payment of pilotage, and other information as the board shall prescribe by rule. The board may from time to time require additional information as it deems necessary. (2) The report shall include information for each vessel that suffers a grounding, collision, or other major marine casualty that occurred while the pilot was on duty during the reporting period. The report shall also include information on near miss incidents as defined in RCW 88.46.100. Information concerning near miss incidents provided pursuant to this section shall not be used for imposing any sanctions or penalties. The board shall forward information provided under this subsection to the department of ecology for inclusion in the collision reporting system established under RCW 88.46.100. [2008 c 128 § 10; 2001 c 36 § 5; 1991 c 200 § 1004; 1935 c 18 § 7; RRS § 9871-7. Prior: 1888 p 178 § 22.] 88.16.110 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 88.16.115 Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district— Deemed in public interest. The preservation of human life and property associated with maritime commerce on the pilotage waters of this state is declared to be in the public interest, and the limitation and regulation of the liability of pilots licensed by the state of Washington, and of any countywide port district located partly or entirely within the Grays 88.16.115 (2008 Ed.) 88.16.118 Harbor pilotage district as defined by RCW 88.16.050(2) authorized to provide pilotage services, is necessary to such preservation and is deemed to be in the public interest. [2005 c 123 § 1; 1981 c 196 § 1.] Report to legislature and governor—1981 c 196: "Prior to January 5, 1983, the board of pilotage commissioners shall forward to the legislature and governor a report concerning the implementation of sections 1 through 3 of this act." [1981 c 196 § 4.] 88.16.118 Limited liability of pilots and pilot trainees—Liability of vessel, owner, or operator not limited. (1)(a) A pilot licensed to act as such by the state of Washington, and any countywide port district located partly or entirely within the Grays Harbor pilotage district as defined by RCW 88.16.050(2) authorized to provide pilotage services with pilots employed by or under contract with the port district, shall not be liable for damages in excess of the amount of five thousand dollars for damages or loss occasioned by a pilot’s or pilot trainee’s errors, omissions, fault, or neglect in the performance of pilotage or pilot training services, except as may arise by reason of the willful misconduct or gross negligence of the pilot. (b) A pilot trainee licensed to act as such by the state of Washington is not liable for damages in excess of the amount of five thousand dollars for damages or loss occasioned by the pilot trainee’s errors, omissions, fault, or neglect in the performance of pilotage or pilot training services, except as may arise by reason of the willful misconduct or gross negligence of the pilot trainee. (2) When a pilot or pilot trainee boards a vessel to provide pilotage services, that pilot or pilot trainee becomes a servant of the vessel and its owner and operator. Nothing in this section exempts the vessel, its owner, or its operator from liability for damage or loss occasioned by that ship to a person or property on the ground that (a) the ship was piloted by a Washington state licensed pilot or pilot trainee, or (b) the damage or loss was occasioned by the error, omission, fault, or neglect of a Washington state licensed pilot or pilot trainee. (3) Pilots, pilot trainees, and board members are immune from civil liability to any party for damages or other relief that is in any way based on the communication of, to a pilot or pilot trainee, to the board, or to any other appropriate governmental authority or person, any of the following: (a) Information about any incident or occurrence involving collision, allision, or grounding of any vessel, including near-miss occurrences; (b) information about any other marine occurrence that the pilot or pilot trainee believes involved or involves undue risk in the navigation of any vessel that could result in damage to any person, vessel, structure, aid to navigation, or the marine environment of this state; or (c) any report or other written, oral, or electronic evaluation of the performance of any pilot or pilot trainee. "Performance" includes, but is not limited to, professional ability, attitude, performance of duties, effort, knowledge, skills, and other relevant factors. This protection and immunity does not apply when a pilot or pilot trainee intentionally releases or discloses information known to be false. The immunity granted to a person under this section is in addition to any common law or statutory privilege or immunity enjoyed by the person, and this section is not intended to abrogate or 88.16.118 [Title 88 RCW—page 21] 88.16.120 Title 88 RCW: Navigation and Harbor Improvements modify any such common law or statutory privilege or immunity. The immunity from civil liability provided under this section shall be liberally construed to accomplish the purposes of this chapter and to encourage the free flow of information and opinions to the board. [2008 c 128 § 11. Prior: 2005 c 123 § 2; 2005 c 26 § 3; 1984 c 69 § 1.] Effective date—2005 c 26: See note following RCW 88.16.035. 88.16.120 Failure to observe pilotage rate—Penalty. No pilot shall charge, collect or receive and no person, firm, corporation or association shall pay for pilotage or other services performed hereunder any greater, less or different amount, directly or indirectly, than the rates or charges herein established or which may be hereafter fixed by the board pursuant to this chapter. Any pilot, person, firm, corporation or association violating the provisions of this section shall be guilty of a misdemeanor and shall be punished pursuant to RCW 88.16.150 as now or hereafter amended, said prosecution to be conducted by the attorney general or the prosecuting attorney of any county wherein the offense or any part thereof was committed. [1987 c 485 § 4; 1977 ex.s. c 337 § 13; 1967 c 15 § 4; 1935 c 18 § 6; RRS § 9871-6.] board shall investigate the circumstances surrounding the deviation and, if the facts of the situation so warrant, may waive enforcement action against the master, pilot, or pilot trainee if the board finds that the deviation was: Taken in order to comply with any other law that may have precedence; required by the ordinary practice of seamen; or justified by the special circumstances of the case. [2008 c 128 § 15.] 88.16.120 Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.135 88.16.135 Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request. Any ship operator or ship husbanding agent may submit a request in writing to the board that a particular pilot not be assigned to pilot that company’s vessels. The request shall be based on specific safety concerns of the ship operator or ship husbanding agent. The board shall notify interested persons and hold a hearing on that request, and either approve or disapprove the request. If the request is approved, the board shall notify the affected pilot and give the pilot a specific list of vessels for which that pilot shall not provide pilotage services. [2008 c 128 § 12; 1987 c 485 § 6.] 88.16.140 88.16.130 Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot. Any person not holding a license as pilot under the provisions of this chapter who pilots any vessel subject to the provisions of this chapter on waters covered by this chapter shall pay to the board the pilotage rates payable under the provisions of this chapter. Any master or owner of a vessel required to employ a pilot licensed under the provisions of this chapter who refuses to do so when such a pilot is available shall be punished pursuant to RCW 88.16.150 as now or hereafter amended and shall be imprisoned in the county jail of the county wherein he is so convicted until said fine and the costs of his prosecution are paid. [1977 ex.s. c 337 § 14; 1967 c 15 § 8; 1935 c 18 § 11; RRS § 9871-11. Prior: 1907 c 147 § 4.] 88.16.130 Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.133 Deviations from state law—Duty to submit pilot’s report. A master, pilot, or pilot trainee who deviates from the provisions of this chapter or Title 363 WAC in order to comply with any federal or international law or treaty, such as 46 U.S.C. Sec. 2304 et seq., or any other provision of law of the state, or who deviates in order to ensure the safety of the vessel or its crew under the control of the master, pilot, or pilot trainee, shall submit a pilot’s report of marine safety occurrence as prescribed by the board of pilotage commissioners in WAC 363-116-200 in the case of a near-miss occurrence. If the deviation occurred while the vessel was operating under the control of a pilot or pilot trainee licensed in this state, then the report must be submitted by the pilot or pilot trainee with input provided by the master. The report must describe the circumstances leading to the deviation from the provisions of this chapter and the consequences of that deviation. If the consequences of the deviation include an incident as defined in WAC 363-116-200, then the pilot’s report of marine safety occurrence must be submitted in addition to any reports required as a result of the incident. The 88.16.133 [Title 88 RCW—page 22] 88.16.140 Pilot’s lien for compensation. Each vessel, its tackle, apparel and furniture and the owner thereof shall be jointly and severally liable for the compensation of any pilot employed thereon and such pilot shall have a lien upon such vessel, her tackle, apparel and furniture for such compensation. [1935 c 18 § 15; RRS § 9871-15. Prior: 1907 c 147 § 2; 1888 p 178 § 23.] 88.16.150 88.16.150 General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor. (1) In all cases where no other penalty is prescribed in this chapter, any violation of this chapter or of any rule or regulation of the board shall be punished as a gross misdemeanor, and all violations may be prosecuted in any court of competent jurisdiction in any county where the offense or any part thereof was committed. In any case where the offense was committed upon a ship, boat or vessel, and there is doubt as to the proper county, the same may be prosecuted in any county through any part of which the ship, boat or vessel passed, during the trip upon which the offense was committed. All fines collected for any violation of this chapter or any rule or regulation of the board shall within thirty days be paid by the official collecting the same to the state treasurer and shall be credited to the pilotage account: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. (2) Notwithstanding any other penalty imposed by this section, any person who shall violate the provisions of this chapter, shall be liable to a maximum civil penalty of ten thousand dollars for each violation. The board may request the attorney general or the prosecuting attorney of the county in which any violation of this chapter occurs to bring an action for imposing the civil penalties provided for in this subsection. (2008 Ed.) Pilotage Act Moneys collected from civil penalties shall be deposited in the pilotage account. (3) Any master of a vessel who shall knowingly fail to inform the pilot dispatched to said vessel or any agent, owner, or operator, who shall knowingly fail to inform the pilot dispatcher, or any dispatcher who shall knowingly fail to inform the pilot actually dispatched to said vessel of any special directions mandated by the coast guard captain of the port under authority of the Ports and Waterways Safety Act of 1972, as amended, for the handling of such vessel shall be guilty of a gross misdemeanor. [1995 c 174 § 2. Prior: 1987 c 485 § 5; 1987 c 202 § 247; 1977 ex.s. c 337 § 8; 1969 ex.s. c 199 § 41; 1967 c 15 § 7; 1935 c 18 § 10; RRS § 9871-10; prior: 1888 p 179 § 27.] Intent—1987 c 202: See note following RCW 2.04.190. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.155 Vessel master to make certification before pilotage service offered—Procedure upon refusal— Rules—Penalties—Exception. (1) The master of any vessel which employs a Washington licensed pilot shall certify on a form prescribed by the board of pilotage commissioners that the vessel complies with: (a) Such provisions of the United States coast guard regulations governing the safety and navigation of vessels in United States waters, as codified in Title 33 of the code of federal regulations, as the board may prescribe; and (b) The provisions of current international agreements governing the safety, radio equipment, and pollution of vessels and other matters as ratified by the United States Senate and prescribed by the board. (2) The master of any vessel which employs a Washington licensed pilot shall be prepared to produce, and any Washington licensed pilot employed by a vessel shall request to see, certificates of the vessel which certify and indicate that the vessel complies with subsection (1) of this section and the rules of the board promulgated pursuant to subsection (1) of this section. (3) If the master of a vessel which employs a Washington licensed pilot cannot certify that the vessel complies with subsection (1) of this section and the rules of the board adopted pursuant to subsection (1) of this section, the master shall certify that: (a) The vessel will comply with subsection (1) of this section before the time the vessel is scheduled to leave the waters of Washington state; and (b) The coast guard captain of the port was notified of the noncomplying items when they were determined; and (c) The coast guard captain of the port has authorized the vessel to proceed under such conditions as prescribed by the coast guard pursuant to its authority under federal statutes and regulations. (4) After the board has prescribed the form required under subsection (1) of this section, no Washington licensed pilot shall offer pilotage services to any vessel on which the master has failed to make a certification required by this section. If the master fails to make a certification the pilot shall: (a) Disembark from the vessel as soon as safely practicable; and 88.16.155 (2008 Ed.) 88.16.170 (b) Immediately inform the coast guard captain of the port of the conditions and circumstances by the best possible means; and (c) Forward a written report to the board no later than twenty-four hours after disembarking from the vessel. (5) Any Washington licensed pilot who offers pilotage services to a vessel on which the master has failed to make a certification required by this section or the rules of the board adopted under this section shall be subject to RCW 88.16.150, as now or hereafter amended, and RCW 88.16.100, as now or hereafter amended. (6) The board shall revise the requirements enumerated in this section as necessary to reflect changes in coast guard regulations, federal statutes, and international agreements. All actions of the board under this section shall comply with chapters 34.05 and 42.30 RCW. The board shall prescribe the time of and method for retention of forms which have been signed by the master of a vessel in accordance with the provisions of this section. (7) This section shall not apply to the movement of dead ships. The board shall prescribe pursuant to chapter 34.05 RCW, after consultation with the coast guard and interested persons, for the movement of dead ships and the certification process thereon. [2008 c 128 § 13; 1977 ex.s. c 337 § 11.] Severability—1977 ex.s. c 337: See note following RCW 88.16.005. 88.16.160 Severability and short title. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. This chapter may be cited as the "Pilotage Act." [1967 c 15 § 10; 1935 c 18 § 17; RRS § 9871-16.] 88.16.160 88.16.170 Oil tankers—Intent and purpose. Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources. The legislature recognizes that the Columbia river has many natural obstacles to navigation and shifting navigation channels that create the risk of an oil spill. The legislature also recognizes Puget Sound and adjacent waters are a relatively confined salt water environment with irregular shorelines and therefore there is a greater than usual likelihood of long-term damage from any large oil spill. The legislature further recognizes that certain areas of the Columbia river and Puget Sound and adjacent waters have limited space for maneuvering a large oil tanker and that these waters contain many natural navigational obstacles as well as a high density of commercial and pleasure boat traffic. For these reasons, it is important that large oil tankers be piloted by highly skilled persons who are familiar with local waters and that such tankers have sufficient capability for rapid maneuvering responses. It is therefore the intent and purpose of RCW 88.16.180 and 88.16.190 to decrease the likelihood of oil spills on the Columbia river and on Puget Sound and its shorelines by 88.16.170 [Title 88 RCW—page 23] 88.16.180 Title 88 RCW: Navigation and Harbor Improvements requiring all oil tankers above a certain size to employ licensed pilots and to be escorted by a tug or tugs while navigating on certain areas of Puget Sound and adjacent waters. [1991 c 200 § 601; 1975 1st ex.s. c 125 § 1.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Severability—1975 1st ex.s. c 125: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 125 § 6.] Study authorized and directed: "The House and Senate Transportation and Utilities Committees are authorized and directed to study the feasibility, benefits, and disadvantages of requiring similar pilot and tug assistance for vessels carrying other potentially hazardous materials and to submit their findings and recommendations prior to the 45th session of the Washington legislature in January, 1977. Such study shall also include a report on the feasibility, benefits and disadvantages of requiring vessels under tug escort to observe a speed limit, and such study shall include a discussion of the impact of a speed limit on the maneuverability of the vessel, the effectiveness of the tug escort and other legal and technical considerations material and relevant to the required study. Such study shall also include an evaluation and recommendations as to whether there should be a transfer of all duties and responsibilities of the board of pilotage commissioners to the Washington utilities and transportation commission or other state agency, and alternate methods for establishing fair and equitable rates for tug escort and pilot transfer." [1975 1st ex.s. c 125 § 5.] Discharge of oil and hazardous substances into state waters: RCW 90.56.010 through 90.56.040. 88.16.180 Oil tankers—State licensed pilot required. Notwithstanding the provisions of RCW 88.16.070, any registered oil tanker of five thousand gross tons or greater, shall be required: (1) To take a Washington state licensed pilot while navigating Puget Sound and adjacent waters and shall be liable for and pay pilotage rates pursuant to RCW 88.16.035; and (2) To take a licensed pilot while navigating the Columbia river. [1991 c 200 § 602; 1983 c 3 § 231; 1975 1st ex.s. c 125 § 2.] 88.16.180 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. (e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners: PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That a tanker assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd’s Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190. [1994 c 52 § 1; 1975 1st ex.s. c 125 § 3.] Severability—1975 1st ex.s. c 125: See note following RCW 88.16.170. 88.16.195 Oil tankers—Not to exceed speed of escorting tug. An oil tanker under escort of a tug or tugs pursuant to the provisions of RCW 88.16.190 shall not exceed the service speed of the tug or tugs that are escorting the oil tanker. [1990 c 116 § 26.] 88.16.195 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 88.16.200 Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions. Any vessel designed for the purpose of carrying as its cargo liquefied natural or liquefied petroleum gas shall adhere to the provisions of RCW 88.16.190(2) as though it were an oil tanker. [2008 c 128 § 14; 1991 c 200 § 603; 1977 ex.s. c 337 § 16.] 88.16.200 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Severability—1977 ex.s. c 337: See note following RCW 88.16.005. Severability—1975 1st ex.s. c 125: See notes following RCW 88.16.170. Chapter 88.24 88.16.190 Oil tankers—Restricted waters—Standard safety features required—Exemptions. (1) Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light. (2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features: (a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and (b) Twin screws; and (c) Double bottoms, underneath all oil and liquid cargo compartments; and (d) Two radars in working order and operating, one of which must be collision avoidance radar; and 88.16.190 [Title 88 RCW—page 24] Chapter 88.24 RCW WHARVES AND LANDINGS Sections 88.24.010 88.24.020 88.24.030 88.24.040 88.24.070 Right of riparian owner to construct—Rates. County may authorize wharves and prescribe rates. City or town may authorize wharves—Rates—Liability. Construction requirements of wharves—When deemed incomplete. County acquisition by condemnation of right-of-way. Powers of cities and towns relative to docks and other appurtenances to harbors and shipping: RCW 35.22.280, 35.23.440, and 35A.11.020. Powers of port districts as to wharves, landings, etc.: Chapter 53.08 RCW. 88.24.010 Right of riparian owner to construct— Rates. Any person owning land adjoining any navigable waters or watercourse, within or bordering upon this state, may erect upon his own land any wharf or wharves, and may extend them so far into said waters or watercourses as the convenience of shipping may require; and he may charge for wharfage such rates as shall be reasonable: PROVIDED, That he shall at all times leave sufficient room in the channel 88.24.010 (2008 Ed.) Private Moorage Facilities for the ordinary purposes of navigation. [Code 1881 § 3271; 1863 p 531 § 1; 1860 p 326 § 1; 1854 p 357 § 1; RRS § 9613.] 88.24.020 88.24.020 County may authorize wharves and prescribe rates. (1) Whenever any person shall be desirous of erecting any wharf at the terminus of any public highway, or at any accustomed landing place, he may apply to the county commissioners of the proper county, who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept up for any length of time not exceeding twenty years. And they shall annually prescribe the rates of wharfage and charges thereon, but there shall be no charge for the landing of passengers or their baggage. (2) No such authority shall be granted to any person other than the owner of the land where the wharf is proposed to be erected, unless such owner shall neglect to apply for such authority; and whenever application shall be made for such authority by any person other than such owner, the board of county commissioners shall not grant the same unless proof shall be made that the applicant caused notice in writing of his intention to make such application, to be given by posting up at least three notices in public places in the neighborhood where the proposed wharf is to be erected and one notice at the county court house, twenty days prior to any regular session of the board of county commissioners at which application shall be made and by serving a copy of said notice in writing upon such owner of the land, if residing in the county, at least ten days before the session of the board of county commissioners at which the application is made. (3) When such application is heard, if the owner of such land applies for such authority and files his undertaking with one or more sureties to be approved by the county commissioners in a sum not less than one hundred dollars nor more than five hundred dollars, to be fixed by the county commissioners, conditioned that such person will erect said wharf within the time therein limited, to be fixed by the county commissioners, and maintain the same and keep said wharf according to law; and if default shall at any time be made in the condition of such undertaking damages not exceeding the penalty may be recovered by any person aggrieved before any court having competent jurisdiction, then said county commissioners shall authorize such owner of the land to erect and keep such wharf. (4) If such owner of the land does not apply as aforesaid the commissioners may authorize the same to be erected and kept by such applicant upon his entering into an undertaking as required of such owner of the land. [1893 c 49 § 1; Code 1881 § 3272; 1863 p 531 § 2; 1854 p 537 § 2; RRS § 9614.] 88.24.030 88.24.030 City or town may authorize wharves— Rates—Liability. Whenever any person or persons shall be desirous of erecting a wharf at the terminus of any street of any incorporated town or city in the state, he or they may apply to the municipal authorities of such town or city who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept in repair for any length of time not exceeding ten years; and every person building, owning or occupying a wharf in this state, upon which wharfage is charged and received, shall be held accountable to the owner or owners, consignees or (2008 Ed.) 88.26.010 agents, for any and all damage done to property stored upon, or passing over said wharf, in consequence of the unfinished, incomplete, or insufficient condition of said wharf; and every such person shall post or cause to be posted in a conspicuous place on said wharf the established rates of wharfage, noting passengers and their baggage free. [Code 1881 § 3273; 1863 p 531 § 3; RRS § 9615.] 88.24.040 Construction requirements of wharves— When deemed incomplete. All wharves now standing, or hereafter to be built, in this state, shall be deemed insufficient, incomplete and unfinished unless they have good and substantial banisters or railing on the sides thereof, or a strip of hewn timber at least eight by ten inches square, well secured all around said wharves within ten inches of the outer edge thereof, except at the ends. [Code 1881 § 3274; 1863 p 532 § 4; 1860 p 327 § 2; RRS § 9616.] 88.24.040 88.24.070 County acquisition by condemnation of right-of-way. In cases where a person or persons, firm or corporation has acquired a right, title or interest in and to the tidelands or other lands over which it is proposed to build, construct or maintain such wharf or landing, whether such interest be a title in fee simple or as lessee or under contract of purchase or otherwise, and the board of county commissioners shall be unable to agree with the person, persons, firm or corporation claiming such interest or title as to the compensation to be paid for the taking of such strip of tidelands or other lands, then and in that case such board of county commissioners may by an order direct proceedings to procure a right-of-way over said tidelands or other lands to be brought in the superior court by the prosecuting attorney in the manner provided by law, for the taking of private property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the proceedings provided by the laws of this state for the appropriation of lands and other property by counties for public use. [1903 c 20 § 3; RRS § 9619.] 88.24.070 Chapter 88.26 Chapter 88.26 RCW PRIVATE MOORAGE FACILITIES Sections 88.26.010 88.26.020 Definitions. Securing vessels—Notice—Moving vessels ashore—Regaining possession—Abandoned vessels—Public sale. 88.26.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Charges" means charges of a private moorage facility operator for moorage and storage, all other charges owing to or that become owing under a contract between a vessel owner and the private moorage facility operator, or any costs of sale and related legal expenses for implementing RCW 88.26.020. (2) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water. "Vessel" includes any trailer used for the transportation of watercraft. 88.26.010 [Title 88 RCW—page 25] 88.26.020 Title 88 RCW: Navigation and Harbor Improvements (3) "Private moorage facility" means any properties or facilities owned or operated by a private moorage facility operator that are capable of use for the moorage or storage of vessels. (4) "Private moorage facility operator" means every natural person, firm, partnership, corporation, association, organization, or any other legal entity, employee, or their agent, that owns or operates a private moorage facility. Private moorage facility operation does not include a "moorage facility operator" as defined in RCW 53.08.310. (5) "Owner" means every natural person, firm, partnership, corporation, association, or organization, or their agent, with actual or apparent authority, who expressly or impliedly contracts for use of a moorage facility. (6) "Transient vessel" means a vessel using a private moorage facility and that belongs to an owner who does not have a moorage agreement with the private moorage facility operator. Transient vessels include, but are not limited to, vessels seeking a harbor or refuge, day use, or overnight use of a private moorage facility on a space-as-available basis. [1993 c 474 § 1.] 88.26.020 Securing vessels—Notice—Moving vessels ashore—Regaining possession—Abandoned vessels— Public sale. (1) Any private moorage facility operator may take reasonable measures, including the use of chains, ropes, and locks, or removal from the water, to secure vessels within the private moorage facility so that the vessels are in the possession and control of the operator and cannot be removed from the facility. These procedures may be used if an owner mooring or storing a vessel at the facility fails, after being notified that charges are owing and of the owner’s right to commence legal proceedings to contest that such charges are owing, to pay charges owed or to commence legal proceedings. Notification shall be by two separate letters, one sent by first-class mail and one sent by registered mail to the owner and any lienholder of record at the last known address. In the case of a transient vessel, or where no address was furnished by the owner, the operator need not give notice prior to securing the vessel. At the time of securing the vessel, an operator shall attach to the vessel a readily visible notice. The notice shall be of a reasonable size and shall contain the following information: (a) The date and time the notice was attached; (b) A statement that if the account is not paid in full within ninety days from the time the notice is attached the vessel may be sold at public auction to satisfy the charges; and (c) The address and telephone number where additional information may be obtained concerning release of the vessel. After a vessel is secured, the operator shall make a reasonable effort to notify the owner and any lienholder of record by registered mail in order to give the owner the information contained in the notice. (2) A private moorage facility operator, at his or her discretion, may move moored vessels ashore for storage within properties under the operator’s control or for storage with a private person under their control as bailees of the private moorage facility, if the vessel is, in the opinion of the operator, a nuisance, in danger of sinking or creating other damage, 88.26.020 [Title 88 RCW—page 26] or is owing charges. The costs of any such procedure shall be paid by the vessel’s owner. (3) If a vessel is secured under subsection (1) of this section or moved ashore under subsection (2) of this section, the owner who is obligated to the private operator for charges may regain possession of the vessel by: (a) Making arrangements satisfactory with the operator for the immediate removal of the vessel from the facility or for authorized moorage; and (b) Making payment to the operator of all charges, or by posting with the operator a sufficient cash bond or other acceptable security, to be held in trust by the operator pending written agreement of the parties with respect to payment by the vessel owner of the amount owing, or pending resolution of the matter of the charges in a civil action in a court of competent jurisdiction. After entry of judgment, including any appeals, in a court of competent jurisdiction, or after the parties reach agreement with respect to payment, the trust shall terminate and the operator shall receive so much of the bond or other security as agreed, or as is necessary, to satisfy any judgment, costs, and interest as may be awarded to the operator. The balance shall be refunded immediately to the owner at the last known address. (4) If a vessel has been secured by the operator under subsection (1) of this section and is not released to the owner under the bonding provisions of this section within ninety days after notifying or attempting to notify the owner under subsection (1) of this section, the vessel is conclusively presumed to have been abandoned by the owner. (5) If a vessel moored or stored at a private moorage facility is abandoned, the operator may authorize the public sale of the vessel by authorized personnel to the highest and best bidder for cash as follows: (a) Before the vessel is sold, the vessel owner and any lienholder of record shall be given at least twenty days’ notice of the sale in the manner set forth in subsection (1) of this section if the name and address of the owner is known. The notice shall contain the time and place of the sale, a reasonable description of the vessel to be sold, and the amount of charges owed with respect to the vessel. The notice of sale shall be published at least once, more than ten but not more than twenty days before the sale, in a newspaper of general circulation in the county in which the facility is located. This notice shall include the name of the vessel, if any, the last known owner and address, and a reasonable description of the vessel to be sold. The operator may bid all or part of its charges at the sale and may become a purchaser at the sale. (b) Before the vessel is sold, any person seeking to redeem an impounded vessel under this section may commence a lawsuit in the superior court for the county in which the vessel was impounded to contest the validity of the impoundment or the amount of charges owing. This lawsuit must be commenced within sixty days of the date the notification was provided under subsection (1) of this section, or the right to a hearing is deemed waived and the owner is liable for any charges owing the operator. In the event of litigation, the prevailing party is entitled to reasonable attorneys’ fees and costs. (c) The proceeds of a sale under this section shall be applied first to the payment of any liens superior to the claim for charges, then to payment of the charges, then to satisfy (2008 Ed.) River and Harbor Improvements any other liens on the vessel in the order of their priority. The balance, if any, shall be paid to the owner. If the owner cannot in the exercise of due diligence be located by the operator within one year of the date of the sale, the excess funds from the sale shall revert to the department of revenue under chapter 63.29 RCW. If the sale is for a sum less than the applicable charges, the operator is entitled to assert a claim for deficiency, however, the deficiency judgment shall not exceed the moorage fees owed for the previous six-month period. (d) In the event no one purchases the vessel at a sale, or a vessel is not removed from the premises or other arrangements are not made within ten days of sale, title to the vessel will revert to the operator. (6) The rights granted to a private moorage facility operator under this section are in addition to any other legal rights an operator may have to hold and sell a vessel and in no manner does this section alter those rights, or affect the priority of other liens on a vessel. [1993 c 474 § 2.] Chapter 88.28 RCW OBSTRUCTIONS IN NAVIGABLE WATERS Chapter 88.28 Sections 88.28.050 88.28.055 88.28.060 88.28.070 Obstructing navigation—Penalty. Closure of Camas Slough. Discharging ballast, when prohibited—Exception—City areas—Penalty. Dams, restriction on heights on tributaries of Columbia River. Hours of labor of operators of power equipment in waterfront operations— Penalty: RCW 49.28.100. Lease of beds of navigable waters for booming purposes: RCW 79.130.010 through 79.130.040. Public lands: Title 79 RCW. Railroad bridges over navigable streams: RCW 81.36.100 and chapter 79.110 RCW. Relocation of harbor lines: RCW 79.115.020. 88.28.050 Obstructing navigation—Penalty. Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor, or river or stream, within or bordering upon this state, navigable and generally used for the navigation of vessels, boats, or other watercrafts, or for the floating down of logs, cord wood, fencing posts or rails, shall, on conviction thereof, be fined in any sum not exceeding three hundred dollars: PROVIDED, That the placing of any mill dam or boom across a stream used for floating saw logs, cord wood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cord wood, fencing posts or rails without unreasonable delay: PROVIDED FURTHER, That the obstruction of navigable waters for the purpose of deploying equipment to contain or clean up a spill of oil or other hazardous material shall not be considered an obstruction. [1987 c 479 § 4; 1888 p 190 § 1; Code 1881 § 919; 1854 p 94 § 104; RRS § 9897.] 88.28.050 88.28.055 Closure of Camas Slough. The department of transportation may for highway purposes close off by fill or embankment all water transportation on Camas Slough, a part of the Columbia River extending from a point of land at the confluence of the left bank of the Washougal River and 88.28.055 (2008 Ed.) Chapter 88.32 the right bank of the Columbia River to the land on Lady Island with the axis or center line of the embankment being more particularly described as a line bearing south seventysix degrees (76°), fifty-one a one-half minutes (51 1/2’) west from a point; said point being located on the line between section 11 and section 14 and distant approximately 520 feet westerly from the corner common to sections 11, 12, 13 and 14, all situate in township 1 north, range 3 east, W.M. The department shall construct in the fill, at or near the channel of the slough, an opening of sufficient dimensions to allow normal flow of water during the low water period or such opening as may be required or approved by the Corps of Engineers, United States Army. [1984 c 7 § 382; 1955 c 174 § 1.] Severability—1984 c 7: See note following RCW 47.01.141. 88.28.060 Discharging ballast, when prohibited— Exception—City areas—Penalty. Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or bordering on this state, where the water is less than twenty fathoms deep, shall, on conviction thereof, be fined in any sum not less than seventy-five dollars, nor more than five hundred dollars: PROVIDED, That nothing in this section shall be so construed as to prevent any such person from discharging ballast from such vessel on the beach at or above ordinary high tide in all waters where the tide ebbs and flows, and that no ballast shall be discharged on any of the flats included within the boundary of any city or townsite or extension thereof: AND PROVIDED FURTHER, That in harbors within or in front of any incorporated city, where the waters are less than twenty fathoms deep, a section of said harbor may be set aside and designated by the city council of said city as a ballast ground, where ballast may be discharged under control of a harbor master to be appointed by the council. [1897 c 18 § 1; 1891 c 69 § 30; Code 1881 § 918; 1877 p 285 § 1; 1854 p 94 § 103; RRS § 9898.] 88.28.060 88.28.070 Dams, restriction on heights on tributaries of Columbia River. See chapter 77.55 RCW. 88.28.070 Chapter 88.32 Chapter 88.32 RCW RIVER AND HARBOR IMPROVEMENTS Sections 88.32.010 88.32.020 88.32.030 88.32.040 88.32.060 88.32.070 88.32.080 88.32.090 88.32.100 88.32.130 88.32.140 88.32.160 88.32.170 Districts authorized. Improvement commission—Appointment—Oath. Improvement commission—Notification of appointment— Organization. Establishment of assessment district—Assessments—State lands. Assessment roll. Hearing on roll—Date—Notice. Hearing on roll—Objections—Certification for collection. Appeal from final assessment. Lien of assessment—Collection—Payment—Interest. Local improvement fund—Disbursements. Bonds—Issuance—Sale—Form. Bonds—Execution. Payment in full—Calls for bonds, notice—Bond owners’ rights. [Title 88 RCW—page 27] 88.32.010 88.32.180 88.32.190 88.32.200 88.32.210 88.32.220 88.32.230 88.32.235 88.32.240 88.32.250 88.32.260 Title 88 RCW: Navigation and Harbor Improvements Improvement by counties jointly. Improvement by counties jointly—Procedure. Improvement by counties jointly—Joint board of equalization. Improvement by counties jointly—Joint assessment roll—Filing, appeals, subsequent proceedings. Improvement by counties jointly—Expenses of joint board. Joint aid river and harbor improvements—Bonds—Election. Joint aid river and harbor improvements—Declared county purpose. Joint planning for improvement of navigable river—Development of river valley. Joint planning for improvement of navigable river—Contract—Joint board to control and direct work. Liability of county or counties for acts relating to river improvement for navigation purposes. Construction projects in state waters: Chapter 77.55 RCW. Flood control: Title 86 RCW. Harbor improvement fund abolished: RCW 43.79.330. Harbor improvements in port districts: Chapters 53.08 and 53.20 RCW. Harbor line commission: State Constitution Art. 15 § 1 (Amendment 15); RCW 79.115.010. Harbors and tide waters: State Constitution Art. 15. Joint canal construction: RCW 36.64.060. Port districts, powers of, as to harbor improvements: Chapters 53.08 and 53.20 RCW. Powers of first-class cities: RCW 35.22.280. noncharter code cities and charter code cities: RCW 35A.11.020. second-class cities: RCW 35.23.440. River improvement by counties: Chapters 86.12 and 86.13 RCW. 88.32.010 Districts authorized. Every county in this state is hereby authorized and empowered, by and through its county commissioners, whenever the government of the United States is intending or proposing the construction or operation of any river, lake, canal or harbor improvement, partly or wholly within such county, and whenever said board of county commissioners shall adjudge, upon a petition therefor filed with it and signed by at least one hundred freeholders of said county who each own realty of the assessed valuation of not less than five thousand dollars, situated within the limits of the improvement district sought to be created, that it is for the general benefit and welfare of the people of the county, that such river, lake, canal or harbor improvement be made and completed to define and establish an assessment district within such county and to levy an assessment upon so much of the taxable real estate of such county as shall be specially benefited by such improvement as hereinafter provided, for the purpose of paying the expenses of such improvement, or so much thereof as said board of county commissioners shall determine, not in any instance exceeding one percent of the taxable valuations of all real and personal property in the entire county as appearing on the then last assessment roll. Such improvement shall be known as river and harbor improvement. [1907 c 236 § 1; RRS § 9669. Prior: 1903 c 143 §§ 1, 2.] 88.32.010 Limitation of levies: RCW 84.52.050 through 84.52.056. 88.32.020 Improvement commission—Appointment—Oath. Whenever the board of county commissioners of any such county shall have adjudged as provided in RCW 88.32.010, said board shall thereupon apply to the person, who, for the time being, shall be judge of the United States district court, for the district within which the county shall be situated, to name eleven reputable citizens and freeholders of 88.32.020 [Title 88 RCW—page 28] such county and file a list thereof with said board of county commissioners. The persons so named, or a majority of them, shall act as a commission, and be known as the "river and harbor improvement commission of . . . . . . county", and shall receive no compensation, except their actual necessary expenses, including necessary clerical assistance, to be audited by the board of county commissioners; and they shall be deemed the agents of the county in the performance of the duties imposed upon them by RCW 88.32.010 through 88.32.220. Each member of such commission shall, before entering upon his duties, take and subscribe an oath, substantially as follows: "State of Washington County of . . . . . . . . . . . . . . . . .      ss. I, the undersigned, a member of the river and harbor improvement commission of . . . . . . county, to define and establish the assessment district and assess the costs of the following improvement (here give the general description of the improvement), do solemnly swear (or affirm, as the case may be), that I will well and truly discharge my duties as a member of said commission." In case the person who is United States judge shall be unable or decline to act, the board of county commissioners shall name the eleven persons to act as such commission. [1907 c 236 § 2; RRS § 9670.] 88.32.030 Improvement commission—Notification of appointment—Organization. The board of county commissioners of the county, or of the oldest county in case of counties joining, shall cause the persons named for the commission to be notified of their appointment in a notice that shall name all such persons and shall designate the time and place of the first meeting of the commission. The commission, having come together pursuant to such notice, and its members having taken the oath hereinbefore prescribed, shall have full powers to organize and proceed with its business as a deliberative body. [1907 c 236 § 18; RRS § 9686.] 88.32.030 88.32.040 Establishment of assessment district— Assessments—State lands. It shall be the duty of such commission to define and establish an assessment district, within such county, comprising all the taxable real property, and also (with the limitations hereinafter expressed) the state shorelands, which shall be specially benefited by said river, lake, canal or harbor improvement, and to apportion and assess the amount of separate, special and particular benefits against each lot, block, parcel or tract of land or shoreland within such district, by reason of such improvement. The commission in making the assessment shall include in the properties upon [which] the assessment is laid, all shorelands of the state, whether unsold or under contract of sale and subject to sale by it and as against all purchasers from the state or under contract to purchase such lands, the assessment shall be a charge upon such land and the purchaser’s interest therein. The county auditor shall certify to the state commissioner of public lands a schedule of the state shorelands so assessed and of the assessment thereon, and the purchaser shall from time to time pay to the proper county treasurer the sums due 88.32.040 (2008 Ed.) River and Harbor Improvements and unpaid under such assessment, and at the time of such payment the county treasurer shall give him, in addition to a regular receipt for such payment, a certificate that such payment has been made, which certificate the purchaser shall immediately file with the commissioner of public lands, and no patent from the state nor deed shall issue to such purchaser, nor shall any assignment of his contract to purchase be approved by the commissioner of public lands until every matured installment of such assessment shall have first been fully paid and satisfied: PROVIDED, HOWEVER, That no such assessment shall create any charge against such shoreland or affect the title thereof as against the state, and the state shall be as free to forfeit or annul such contract and again sell such land as if the assessment had never been made, and in case of such forfeiture or annulment the state shall be free to sell again such land entirely disembarrassed and unencumbered of all right and claim of such former purchaser, and such purchaser shall have no right, interest or claim upon or against such land or the state or such new purchaser or at all, but every such sum paid by such former purchaser upon such assessment shall be utterly forfeited as against him, his personal representatives and assigns, and shall inure to the benefit of such new purchaser. [1907 c 236 § 3; RRS § 9671. Formerly RCW 88.32.040 and 88.32.050.] 88.32.060 Assessment roll. Such commission shall also make, or cause to be made, an assessment roll, in which shall appear the names of the owners of the property assessed, so far as known, the description of each lot, block, parcel or tract of land within such assessment district, and the amount assessed against the same, as separate, special or particular benefits, and certify such assessment roll to the board of county commissioners, of such county, within ten weeks after their appointment, or within such further time as may be allowed by the board of county commissioners of such county. [1907 c 236 § 4; RRS § 9672. Prior: 1905 c 104 § 1; 1903 c 143 § 21.] 88.32.060 88.32.070 Hearing on roll—Date—Notice. After the return of the assessment roll to the county legislative authority it shall make an order setting a day for the hearing upon any objections to the assessment roll by any parties affected thereby who shall be heard by the county legislative authority as a board of equalization, which date shall be at least twenty days after the filing of such roll. It shall be the duty of the county legislative authority to give, or cause to be given, notice of such assessment, and of the day fixed for the hearing, as follows: (1) They shall send or cause to be sent, by mail, to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in this form, to wit: 88.32.070 ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "Your property (here describe the property) is assessed $. . . . . . for river and harbor improvement to be made in this county. "Hearing on the assessment roll will be had before the undersigned, at the office of the county commissioners, on the . . . . day of . . . . . . 19. . . (2008 Ed.) 88.32.100 ............................... ............................... ............................... "Board of county commissioners." But failure to send, or cause to be sent, such notice, shall not be fatal to the proceedings herein prescribed. (2) They shall cause at least ten days’ notice of the hearing to be given by posting notice in at least ten public places in the county, three of which shall be in the neighborhood of the proposed improvement, and by publishing the same at least once a week for two consecutive weeks in the official newspaper of the county which notice shall be signed by the county legislative authority, and shall state the day and place of the hearing of objections to the assessment roll, and the nature of the improvement, and that all interested parties will be heard as to any objections to said assessment roll. [1985 c 469 § 95; 1907 c 236 § 5; RRS § 9673.] 88.32.080 Hearing on roll—Objections—Certification for collection. Any person interested in any real estate affected by such assessment may appear and file objections to the assessment roll, and the board of county commissioners may make an order regarding the time of filing such objections, as to them seems proper. As to all parcels, lots or blocks as to which no objections are filed within the time so fixed, the assessment thereon shall be confirmed. On the hearing, each party may offer proof and the board shall then have authority to affirm, modify, change and determine the assessment in such sum as to them appears just and right. When the assessment is finally equalized and fixed by the board of county commissioners, the clerk thereof shall certify the same to the county treasurer for collection, or if appeal has been taken from any part thereof, then so much thereof, as has not been appealed from, shall be certified. [1907 c 236 § 6; RRS § 9674.] 88.32.080 88.32.090 Appeal from final assessment. Any person who feels aggrieved by the final assessment made against any lot, block or parcel of land owned by him may appeal therefrom to the superior court of such county. Such appeal shall be taken within the time, and substantially in the manner prescribed by the laws of this state for appeals from justice’s courts. All notices of appeal shall be filed with the board of county commissioners, and served upon the prosecuting attorney of the county. The clerk of the board of county commissioners shall at appellant’s expense certify to the superior court so much of the record, as appellant may request, and the cause shall be tried in the superior court de novo. Any person aggrieved by any final order or judgment, made by the superior court concerning any assessment authorized by RCW 88.32.010 through 88.32.220, may seek appellate review of the order or judgment in accordance with the laws of this state relative to such review, except that review shall be sought within thirty days after the entry of such judgment. [1988 c 202 § 90; 1971 c 81 § 175; 1907 c 236 § 7; RRS § 9675.] 88.32.090 Severability—1988 c 202: See note following RCW 2.24.050. 88.32.100 Lien of assessment—Collection—Payment—Interest. The final assessment shall be a lien, para88.32.100 [Title 88 RCW—page 29] 88.32.130 Title 88 RCW: Navigation and Harbor Improvements mount to all other liens, except liens for taxes and other special assessments, upon the property assessed, from the time the assessment roll shall be approved by said board of county commissioners and placed in the hands of the county treasurer, as collector. After said roll shall have been delivered to the county treasurer for collection, he shall proceed to collect the same, in the manner as other taxes are collected: PROVIDED, That such treasurer shall give at least ten days’ notice in the official newspaper (and shall mail a copy of such notice to the owner of the property assessed, when the post office address of such owner is known, but failure to mail such notice shall not be fatal when publication thereof is made), that such roll has been certified to him for collection, and that unless payment be made within thirty days from the date of such notice, that the sum charged against each lot or parcel of land shall be paid in not more than ten equal annual payments, with interest upon the whole sum so charged at a rate not to exceed seven percent per annum. Said interest shall be paid semiannually, and the county treasurer shall proceed to collect the amount due each year by the publication of notice as hereinabove provided. [1907 c 236 § 8; RRS § 9676. Formerly RCW 88.32.100 and 88.32.110.] 88.32.130 88.32.130 Local improvement fund—Disbursements. All moneys paid or collected on account of any assessments made pursuant to RCW 88.32.010 through 88.32.220, shall be kept by the county treasurer in the county depository separate and apart from the other funds of the county, in a fund to be established by the board of county commissioners and to be known as "Local Improvement Fund, District No. . . . . of . . . . . . County"; and said money shall at all times be subject to the order of the United States government engineer, having said river and harbor improvement in said county in charge, and the county treasurer shall pay said money out upon drafts, drawn upon said fund, for the cost of said improvement, by said United States government engineer. If such government engineer is unable or unauthorized to act in the premises, then the county treasurer shall pay out said money for the costs of said improvement, upon the order of the board of county commissioners. [1907 c 236 § 9; RRS § 9677.] 88.32.140 88.32.140 Bonds—Issuance—Sale—Form. (1) In all cases, the county, as the agent of the local improvement district, shall, by resolution of its county legislative authority, cause to be issued in the name of the county, the bonds for such local improvement district for the whole estimated cost of such improvement, less such amounts as shall have been paid within the thirty days provided for redemption, as hereinabove specified. Such bonds shall be called "Local Improvement Bonds, District No. . . . ., County of . . . . . ., State of Washington", and shall be payable not more than ten years after date, and shall be subject to annual call by the county treasurer, in such manner and amounts as he may have cash on hand to pay the same in the respective local improvement fund from which such bonds are payable, interest to be paid at the office of the county treasurer. Such bonds shall be issued and delivered to the contractor for the work from month to month in such amounts as the engineer of the government, in charge of the improvement, shall certify to be due [Title 88 RCW—page 30] on account of work performed, or, if said county legislative authority resolves so to do, such bonds may be offered for sale after thirty days public notice thereof given, to be delivered to the highest bidder therefor, but in no case shall such bonds be sold for less than par, the proceeds to be applied in payment for such improvement: PROVIDED, That unless the contractor for the work shall agree to take such bonds in payment for his work at par, such work shall not be begun until the bonds shall have been sold and the proceeds shall have been paid into a fund to be called "Local Improvement Fund No. . . . ., County of . . . . . .", and the owner or owners of such bonds shall look only to such fund for the payment of either the principal or interest of such bonds. Such bonds shall be issued in denominations of one hundred dollars each, and shall be substantially in the following form: "Local Improvement Bond, District Number . . . . of the County of . . . . . ., State of Washington. No. . . . . N.B. . . . . $...... This bond is not a general debt of the county of . . . . . . and has not been authorized by the voters of said county as a part of its general indebtedness. It is issued in pursuance of an act of the legislature of the state of Washington, passed the . . . . day of . . . . . . A.D. 1907, and is a charge against the fund herein specified and its issuance and sale is authorized by the resolution of the county legislative authority, passed on the . . . . day of . . . . . . A.D. 1907. The county of . . . . . ., a municipal corporation of the state of Washington, hereby promises to pay to . . . . . ., or bearer, one hundred dollars, lawful money of the United States of America, out of the fund established by resolution of the county legislative authority on the . . . . day of . . . . . ., A.D. 19. . ., and known as local improvement fund district number . . . . of . . . . . . county, and not otherwise. "This bond is payable ten years after date, and is subject to annual call by the county treasurer at the expiration of any year before maturity in such manner and amounts as he may have cash on hand to pay the same in the said fund from which the same is payable, and shall bear interest at the rate of . . . . percent per annum, payable semiannually; both principal and interest payable at the office of the county treasurer. The county legislative authority of said county, as the agent of said local improvement district No. . . . ., established by resolution No. . . . ., has caused this bond to be issued in the name of said county, as the bond of said local improvement district, the proceeds thereof to be applied in part payment of so much of the cost of the improvement of the rivers, lakes, canals or harbors of . . . . . . county, under resolution No. . . . ., as is to be borne by the owners of property in said local improvement district, and the said local improvement fund, district No. . . . . of . . . . . . county, has been established by resolution for said purpose; and the owner or owners of this bond shall look only to said fund for the payment of either the principal or interest of this bond. "The call for the payment of this bond or any bond, issued on account of said improvement, may be made by the county treasurer by publishing the same in an official newspaper of the county for ten consecutive issues, beginning not more than twenty days before the expiration of any year from (2008 Ed.) River and Harbor Improvements 88.32.190 The bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 245; 1970 ex.s. c 56 § 101; 1969 ex.s. c 232 § 60; 1907 c 236 § 10; RRS § 9678. Formerly RCW 88.32.140 and 88.32.150.] 88.32.010 through 88.32.220, over and above the amount necessary for the payment of interest on all unpaid bonds, and sufficient to pay the principal of one or more bonds, the county treasurer shall call in and pay such bonds, provided that such bonds shall be called in and paid in their numerical order: PROVIDED, FURTHER, That such call shall be made by publication in the county official newspaper, on the day following the delinquency of the installment of the assessment, or as soon thereafter as practicable, and shall state that bonds numbers . . . . . . (giving the serial number or numbers of the bonds called), will be paid on the day the interest payment on said bonds shall become due, and interest upon such bonds shall cease upon such date. If the county shall fail, neglect or refuse to pay said bonds or promptly to collect any of said assessments when due, the owner of any such bonds may proceed in his own name to collect such assessment and foreclose the lien thereof in any court of competent jurisdiction, and shall recover in addition to the amount of such bonds and interest thereon, five percent, together with the costs of such suit. Any number of owners of such bonds for any single improvement, may join as plaintiffs and any number of owners of the property on which the same are a lien may be joined as defendants in such suit. [1983 c 167 § 247; 1907 c 236 § 12; RRS § 9680. Formerly RCW 88.32.120 and 88.32.170.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. date hereof, and if such call be made, interest on this bond shall cease at the date named in such call. "This bond is one of a series of . . . . . . bonds, aggregating in all the principal sum of . . . . . . dollars, issued for said local improvement district, all of which bonds are subject to the same terms and conditions as herein expressed. "In witness whereof the said county of . . . . . . has caused these presents to be signed by its chairman of its county legislative authority, and countersigned by its county auditor and sealed with its corporate seal, attested by its county clerk, this . . . . day of . . . . . ., in the year of our Lord one thousand nine hundred and . . . . . . . . . The County of . . . . . . . . . . . . . . . . . . . . . . . . . By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman County Legislative Authority. Countersigned, . . . . . . County Auditor. Attest, . . . . . . Clerk." Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 88.32.160 Bonds—Execution. Each and every bond issued for any such improvement shall be signed by the chairman of the county legislative authority and the county auditor, sealed with the corporate seal of the county, and attested by the county clerk. The bonds issued for each local improvement district shall be in the aggregate for such an amount as authorized by the resolution of the county legislative authority with reference to such river, lake, canal or harbor improvement, and each issue of such bonds shall be numbered consecutively, beginning with number 1. [1983 c 167 § 246; 1907 c 236 § 11; RRS § 9679.] 88.32.160 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 88.32.170 Payment in full—Calls for bonds, notice— Bond owners’ rights. The owner of any lot or parcel of land charged with any assessment as provided for hereinabove, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him of such assessment, as herein provided, or may redeem the same at any time after the bonds above specified shall have been issued, by paying the full amount of all the principal and interest to the end of the interest year then expiring, or next to expire. The county treasurer shall pay the interest on the bonds authorized to be issued under RCW 88.32.010 through 88.32.220 out of the respective local improvement funds from which they are payable, and whenever there shall be sufficient money in any local improvement fund, against which bonds have been issued under the provisions of RCW 88.32.170 (2008 Ed.) 88.32.180 Improvement by counties jointly. Two or more adjoining counties, in which are lands to be benefited by any such improvement as is hereinbefore mentioned, and as will be partly or wholly within one or more of them, may jointly take advantage of the provisions of RCW 88.32.010 through 88.32.220, and the procedure in such cases shall, as nearly as may be, conform to the procedure above prescribed, but with the modifications hereinafter expressed. [1907 c 236 § 13; RRS § 9681.] 88.32.180 88.32.190 Improvement by counties jointly—Procedure. In every case of such joint action, the preliminary procedure of RCW 88.32.010 having been first had in each county severally, the board of county commissioners of the several counties proposing to join shall unite in such an application as is prescribed in RCW 88.32.020, and the application shall be made to any person, who, for the time being, shall be a judge of the United States district court in any district in which such counties, or any of them, may lie, and the list mentioned in RCW 88.32.020 shall be made in as many counterparts as there are counties so joining, and one counterpart shall be filed with the board of county commissioners of each county, and if the person who is such United States judge shall decline or be unable to act, then, the board of such counties shall meet in joint session, at the county seat of such one of the counties as shall be agreed upon and shall organize as a joint board by appointing a chairman and clerk, and by resolution in which a majority of all the commissioners present, and at least one commissioner from each county, shall concur, name the eleven persons for the commission, which eleven in such case shall be citizens of the counties concerned, and as nearly as may be the same number from each county. A counterpart of such resolution shall be 88.32.190 [Title 88 RCW—page 31] 88.32.200 Title 88 RCW: Navigation and Harbor Improvements recorded in the minutes of the proceedings of the board of each county. The commission shall make as many assessment rolls as there are counties joining and one counterpart roll shall be certified by such chairman and clerk of the joint board, and by such clerk filed with the board of each of such counties. [1907 c 236 § 14; RRS § 9682.] 88.32.200 Improvement by counties jointly—Joint board of equalization. For purposes of a board of equalization, said boards shall from time to time meet as a joint board as aforesaid, and have a chairman and clerk as aforesaid, and for all purposes under RCW 88.32.070 and 88.32.080, in case of counties joining, the word board wherever occurring in said sections shall be interpreted to mean such joint board, and the word clerk shall be deemed to mean the clerk of such joint board, and the posting of notices shall be in at least ten public places in each county, and the publication of the same shall be in a newspaper of each county, and the objections mentioned in RCW 88.32.080 shall be filed with the clerk of the joint board, who shall cause a copy thereof, certified by him to be filed with the clerk of the board of county commissioners of the county where the real estate of the party objecting is situated. [1907 c 236 § 15; RRS § 9683.] 88.32.200 88.32.210 Improvement by counties jointly—Joint assessment roll—Filing, appeals, subsequent proceedings. The minutes of the proceedings of the joint board and the assessment roll as finally settled by such board shall be made up in as many counterparts as there are counties joining as aforesaid, and shall be signed by the chairman and clerk of said board, and one of said counterparts so signed shall be filed by said clerk with the clerk of the board of county commissioners of each of said counties, and any appeals and subsequent proceedings under RCW 88.32.090 to 88.32.170, inclusive, as far as relates to real estate in any individual county, shall be as nearly as may be the same as if the local improvement district and bond issue concerned that county only. [1907 c 236 § 16; RRS § 9684.] 88.32.210 88.32.220 Improvement by counties jointly— Expenses of joint board. The joint board shall keep careful account of its necessary expenses and shall apportion and charge the same to the counties joining, and certify to the board of county commissioners of each such county an itemized statement of the entire account and of the proportionate part of such expense charged to such county and the board of county commissioners of such county shall cause the same to be paid out of the general fund of the county. [1907 c 236 § 17; RRS § 9685.] 88.32.220 County current expense fund: RCW 36.33.010. 88.32.230 Joint aid river and harbor improvements—Bonds—Election. Whenever the county legislative authority of any county with a population of one hundred twenty-five thousand or more deems it for the interest of the county to engage in or to aid the United States of America, the state of Washington, or any adjoining county or any city of this state, or any of them, in construction, enlargement, improvement, modification, repair or operation of any harbor, canal, waterway, river channel, slip, dock, wharf, or 88.32.230 [Title 88 RCW—page 32] other public improvement, or any of the same, for the purposes of commerce, navigation, sanitation and drainage, or any thereof, or to acquire or operate wharf sites, dock sites, or other properties, rights or interests, or any thereof, necessary or proper to be acquired or operated for public enjoyment of any such public improvement, and to incur indebtedness to meet the cost thereof and expenses connected therewith, and issue bonds of the county for the payment of such indebtedness, or any thereof, such county is hereby authorized and empowered, by and through its county legislative authority, to engage in or aid in any such public work or works, operation or acquisition, as aforesaid, and to incur indebtedness for such purpose or purposes to an amount, which, together with the then existing indebtedness of such county, shall not exceed two and one-half percent of the value of the taxable property in said county, as the term "value of the taxable property" is defined in RCW 39.36.015, and to issue the negotiable bonds of the county for all or any of such indebtedness and for the payment thereof, in the manner and form and as provided in chapter 39.46 RCW, and other laws of this state which shall then be in force, and to make part or all of such payment in bonds or in moneys derived from sale or sales thereof, or partly in such bonds and partly in such money: PROVIDED, That the county legislative authority shall have first submitted the question of incurring such indebtedness to the voters of the county at a general or special election, and three-fifths of the voters voting upon the question shall have voted in favor of incurring the same. [1991 c 363 § 161; 1970 ex.s. c 42 § 37; 1911 c 3 § 1; RRS § 9666. FORMER PART OF SECTION: 1911 c 3 § 2 now codified as RCW 88.32.235.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. Bonds, generally as to form, etc.: Chapter 39.44 RCW. 88.32.235 Joint aid river and harbor improvements—Declared county purpose. Any and every such purpose as is mentioned in the foregoing section is hereby declared to be a county purpose. [1911 c 3 § 2; RRS § 9667. Formerly RCW 88.32.230, part.] 88.32.235 88.32.240 Joint planning for improvement of navigable river—Development of river valley. Any county together with any port district therein and first-class city in such county may participate jointly in surveys, investigations and studies for determining the location, type and design, with cost estimates, of a project plan for the improvement of any section or sections, within or without the limits of such city, of any navigable river emptying into tidal waters in such city, in aid of commerce and navigation and in aid of the comprehensive land use and development of such river valley, including present and future industrial and manufacturing uses. [1951 c 33 § 1.] 88.32.240 88.32.250 Joint planning for improvement of navigable river—Contract—Joint board to control and direct work. The joint participation shall be under a contract in writing made in the names of the county, port district, and city, under ordinance or resolution that provides the nature 88.32.250 (2008 Ed.) Transport of Petroleum Products—Financial Responsibility and extent of the work, the extent of the participation of the parties, the division of the costs, and method of payment. The costs shall be paid from any funds of the county, city, or port district designated in the contract. The control and direction of the work shall be under a joint board consisting of one or more representatives of each party to the contract, as may be agreed upon by the parties. The representatives of the respective parties shall be appointed by the governing body of the respective parties. The joint board shall employ such help and services as may be required and fix the compensation to be paid for the services. The joint board shall consult with the corps of engineers, department of the army, and with the state secretary of transportation and the state director of ecology in furtherance of federal and state of Washington interests in the purposes of RCW 88.32.240 and 88.32.250. [1984 c 7 § 383; 1951 c 33 § 2.] Severability—1984 c 7: See note following RCW 47.01.141. 88.32.260 Liability of county or counties for acts relating to river improvement for navigation purposes. See RCW 86.12.037. 88.32.260 Chapter 88.40 RCW TRANSPORT OF PETROLEUM PRODUCTS— FINANCIAL RESPONSIBILITY Chapter 88.40 Sections 88.40.005 88.40.011 88.40.020 88.40.025 88.40.030 88.40.040 88.40.900 Intent. Definitions. Evidence of financial responsibility for vessels. Evidence of financial responsibility for onshore or offshore facilities. Establishing evidence of financial responsibility—Documentation. Entry or operation on state waters—Financial responsibility required—Enforcement of federal oil pollution act. Severability—1989 1st ex.s. c 2. Ocean resources management act: Chapter 43.143 RCW. Oil or gas exploration in marine waters: RCW 90.58.550. 88.40.005 Intent. The legislature recognizes that oil and hazardous substance spills and other forms of incremental pollution present serious danger to the fragile marine environment of Washington state. It is the intent and purpose of this chapter to define and prescribe financial responsibility requirements for vessels that transport petroleum products as cargo or as fuel across the waters of the state of Washington and for facilities that store, handle, or transfer oil or hazardous substances in bulk on or near the navigable waters. [1991 c 200 § 701; 1990 c 116 § 29; 1989 1st ex.s. c 2 § 1.] 88.40.005 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 88.40.011 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Barge" means a vessel that is not self-propelled. (2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger vessel, of three hundred or more gross tons. 88.40.011 (2008 Ed.) 88.40.011 (3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system. (4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel. (5) "Department" means the department of ecology. (6) "Director" means the director of the department of ecology. (7)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from any vessel with an oil carrying capacity over two hundred fifty barrels or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk. (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction. (8) "Fishing vessel" means a self-propelled commercial vessel of three hundred or more gross tons that is used for catching or processing fish. (9) "Gross tons" means tonnage as determined by the United States coast guard under 33 C.F.R. section 138.30. (10) "Hazardous substances" means any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter: (a) Wastes listed as F001 through F028 in Table 302.4; and (b) Wastes listed as K001 through K136 in Table 302.4. (11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce. (12) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. (13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. (14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could rea[Title 88 RCW—page 33] 88.40.020 Title 88 RCW: Navigation and Harbor Improvements sonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines. (15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment. (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility. (16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation. (17) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind. (18) "Spill" means an unauthorized discharge of oil into the waters of the state. (19) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that: (a) Operates on the waters of the state; or (b) Transfers oil in a port or place subject to the jurisdiction of this state. (20) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington. [2007 c 347 § 4; 2003 c 56 § 2; 2000 c 69 § 30; 1992 c 73 § 12; 1991 c 200 § 702.] Finding—Intent—2003 c 56: "The legislature finds that the current financial responsibility laws for vessels are in need of update and revision. The legislature intends that, whenever possible, the standards set for Washington state provide the highest level of protection consistent with other western states and to ultimately achieve a more uniform system of financial responsibility on the Pacific Coast." [2003 c 56 § 1.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 88.40.020 Evidence of financial responsibility for vessels. (1) Any barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of five million dollars, or three hundred dollars per gross ton of such vessel. (2)(a) Except as provided in (b) or (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars. The amount of financial responsibility required under this subsection is one billion dollars after January 1, 2004. (b) The director by rule may establish a lesser standard of financial responsibility for tank vessels of three hundred gross tons or less. The standard shall set the level of financial responsibility based on the quantity of cargo the tank vessel is capable of carrying. The director shall not set the standard 88.40.020 [Title 88 RCW—page 34] for tank vessels of three hundred gross tons or less below that required under federal law. (c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a tank vessel to prove membership in such an organization. (3)(a) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay at least three hundred million dollars. However, a passenger vessel that transports passengers and vehicles between Washington state and a foreign country shall demonstrate financial responsibility to pay the greater of at least six hundred dollars per gross ton or five hundred thousand dollars. (b) The owner or operator of a cargo vessel or passenger vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a cargo vessel or passenger vessel to prove membership in such an organization. (4) A fishing vessel while on the navigable waters of the state must demonstrate financial responsibility in the following amounts: (a) For a fishing vessel carrying predominantly nonpersistent product, one hundred thirty-three dollars and forty cents per incident, for each barrel of total oil storage capacity, persistent and nonpersistent product, on the vessel or one million three hundred thirty-four thousand dollars, whichever is greater; or (b) for a fishing vessel carrying predominantly persistent product, four hundred dollars and twenty cents per incident, for each barrel of total oil storage capacity, persistent product and nonpersistent product, on the vessel or six million six hundred seventy thousand dollars, whichever is greater. (5) The documentation of financial responsibility shall demonstrate the ability of the document holder to meet state and federal financial liability requirements for the actual costs for removal of oil spills, for natural resource damages, and for necessary expenses. (6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government. [2003 c 91 § 3; 2003 c 56 § 3; 2000 c 69 § 31; 1992 c 73 § 13; 1991 c 200 § 703; 1990 c 116 § 31; 1989 1st ex.s. c 2 § 3.] Reviser’s note: This section was amended by 2003 c 56 § 3 and by 2003 c 91 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Finding—Intent—2003 c 56: See note following RCW 88.40.011. Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 88.40.025 Evidence of financial responsibility for onshore or offshore facilities. An onshore or offshore facil88.40.025 (2008 Ed.) Vessel Oil Spill Prevention and Response ity shall demonstrate financial responsibility in an amount determined by the department as necessary to compensate the state and affected counties and cities for damages that might occur during a reasonable worst case spill of oil from that facility into the navigable waters of the state. The department shall consider such matters as the amount of oil that could be spilled into the navigable waters from the facility, the cost of cleaning up the spilled oil, the frequency of operations at the facility, the damages that could result from the spill and the commercial availability and affordability of financial responsibility. This section shall not apply to an onshore or offshore facility owned or operated by the federal government or by the state or local government. [1991 c 200 § 704.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 88.40.030 88.40.030 Establishing evidence of financial responsibility—Documentation. Financial responsibility required by this chapter may be established by any one of, or a combination of, the following methods acceptable to the department of ecology: (1) Evidence of insurance; (2) surety bonds; (3) qualification as a self-insurer; or (4) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. Documentation of such financial responsibility shall be kept on any covered vessel and filed with the department at least twenty-four hours before entry of the vessel into the navigable waters of the state. A covered vessel is not required to file documentation of financial responsibility twenty-four hours before entry of the vessel into the navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the federal government is the same as or exceeds state requirements. The owner or operator of the vessel may file with the department a certificate evidencing compliance with the requirements of another state’s or federal financial responsibility requirements if the state or federal government requires a level of financial responsibility the same as or greater than that required under this chapter. [2000 c 69 § 32; 1991 c 200 § 705; 1990 c 116 § 32; 1989 1st ex.s. c 2 § 4.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 88.40.040 88.40.040 Entry or operation on state waters— Financial responsibility required—Enforcement of federal oil pollution act. (1) It is unlawful for any vessel required to have financial responsibility under this chapter to enter or operate on Washington waters without meeting the requirements of this chapter or rules adopted under this chapter, except when necessary to avoid injury to the vessel’s crew or passengers. Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the department to the United States coast guard. (2) The department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of (2008 Ed.) 88.46.010 the federal act. [2003 c 56 § 4; 2000 c 69 § 33; 1992 c 73 § 14; 1991 c 200 § 706; 1989 1st ex.s. c 2 § 5.] Finding—Intent—2003 c 56: See note following RCW 88.40.011. Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 88.40.900 Severability—1989 1st ex.s. c 2. See RCW 43.143.902. 88.40.900 Chapter 88.46 RCW VESSEL OIL SPILL PREVENTION AND RESPONSE Chapter 88.46 Sections 88.46.010 88.46.020 88.46.030 88.46.040 88.46.050 88.46.060 88.46.062 88.46.063 88.46.065 88.46.068 88.46.070 88.46.073 88.46.080 88.46.090 88.46.100 88.46.120 88.46.130 88.46.160 88.46.165 88.46.167 88.46.170 88.46.200 88.46.900 88.46.901 88.46.921 88.46.926 Definitions. Coordination with federal law. Tank vessel inspection programs. Prevention plans. Vessel screening. Contingency plans. Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission. Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission. Nonprofit corporation providing contingency plan—Liability limited. Adequacy of contingency plans—Practice drills—Rules. Enforcement of prevention plans and contingency plans— Determination of violation—Order or directive—Notice. Violations of rules—Enforcement. Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan. Unlawful acts—Civil penalty. Notification of accidents and near miss incidents. Tank vessel response equipment standards. Emergency response system. Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules. Oil transfers—Scope of rules—Reporting volumes of oil transferred. Inspection authority. Field operations program—Coordination with United States coast guard. Advisory marine safety committees—Recommendations. Captions not law. Effective dates—Severability—1991 c 200. Office of marine safety abolished. Apportionments of budgeted funds. 88.46.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director’s determination of best achievable protection shall be guided by the critical need to protect the state’s natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures. (2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technol88.46.010 [Title 88 RCW—page 35] 88.46.020 Title 88 RCW: Navigation and Harbor Improvements ogy, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology. (3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters. (4) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system. (5) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel. (6) "Department" means the department of ecology. (7) "Director" means the director of the department of ecology. (8) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (9)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk. (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction. (10) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel. (11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce. (12) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. (13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility. (14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environ[Title 88 RCW—page 36] ment by discharging oil into or on the navigable waters of the state or the adjoining shorelines. (15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment. (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility. (16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation. (17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever. (18) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind. (19) "Spill" means an unauthorized discharge of oil into the waters of the state. (20) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that: (a) Operates on the waters of the state; or (b) Transfers oil in a port or place subject to the jurisdiction of this state. (21) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington. (22) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions. [2007 c 347 § 5; 2000 c 69 § 1; 1992 c 73 § 18; 1991 c 200 § 414.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. 88.46.020 Coordination with federal law. In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the director shall to the greatest extent practicable implement this chapter in a manner consistent with federal law. [2000 c 69 § 2; 1991 c 200 § 415.] 88.46.020 88.46.030 Tank vessel inspection programs. (1) All tank vessels entering the navigable waters of the state shall be subject to inspection to assure that they comply with all applicable federal and state standards. (2) The department shall review the tank vessel inspection programs conducted by the United States coast guard and other federal agencies to determine if the programs as actually operated by those agencies provide the best achievable protection to the waters of the state. If the department determines that the tank vessel inspection programs conducted by these agencies are not adequate to protect the state’s waters, it shall adopt rules for a state tank vessel 88.46.030 (2008 Ed.) Vessel Oil Spill Prevention and Response inspection program. The department shall adopt rules providing for a random review of individual tank vessel inspections conducted by federal agencies. The department may accept a tank vessel inspection report issued by another state if that state’s tank vessel inspection program is determined by the department to be at least as protective of the public health and the environment as the program adopted by the department. (3) The state tank vessel inspection program shall ensure that all tank vessels entering state waters are inspected at least annually. To the maximum extent feasible, the state program shall consist of the monitoring of existing tank vessel inspection programs conducted by the federal government. The department shall consult with the coast guard regarding the tank vessel inspection program. Any tank vessel inspection conducted pursuant to this section shall be performed during the vessel’s scheduled stay in port. (4) Any violation of coast guard or other federal regulations uncovered during a state tank vessel inspection shall be immediately reported to the appropriate agency. [2000 c 69 § 3; 1991 c 200 § 416.] 88.46.040 Prevention plans. (1) The owner or operator for each tank vessel shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill prevention plan may be consolidated with a spill contingency plan submitted pursuant to RCW 88.46.060. The department may accept plans prepared to comply with other state or federal law as spill prevention plans to the extent those plans comply with the requirements of this chapter. The department, by rule, shall establish standards for spill prevention plans. (2) The spill prevention plan for a tank vessel or a fleet of tank vessels operated by the same operator shall: (a) Establish compliance with the federal oil pollution act of 1990 and state and federal financial responsibility requirements, if applicable; (b) State all discharges of oil of more than twenty-five barrels from the vessel within the prior five years and what measures have been taken to prevent a reoccurrence; (c) Describe all accidents, collisions, groundings, and near miss incidents in which the vessel has been involved in the prior five years, analyze the causes, and state the measures that have been taken to prevent a reoccurrence; (d) Describe the vessel operations with respect to staffing standards; (e) Describe the vessel inspection program carried out by the owner or operator of the vessel; (f) Describe the training given to vessel crews with respect to spill prevention; (g) Establish compliance with federal drug and alcohol programs; (h) Describe all spill prevention technology that has been incorporated into the vessel; (i) Describe the procedures used by the vessel owner or operator to ensure English language proficiency of at least one bridge officer while on duty in waters of the state; (j) Describe relevant prevention measures incorporated in any applicable regional marine spill safety plan that have not been adopted and the reasons for that decision; and 88.46.040 (2008 Ed.) 88.46.050 (k) Include any other information reasonably necessary to carry out the purposes of this chapter required by rules adopted by the department. (3) The department shall only approve a prevention plan if it provides the best achievable protection from damages caused by the discharge of oil into the waters of the state and if it determines that the plan meets the requirements of this section and rules adopted by the department. (4) Upon approval of a prevention plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the vessels covered by the plan, and other information the department determines should be included. (5) The approval of a prevention plan shall be valid for five years. An owner or operator of a tank vessel shall notify the department in writing immediately of any significant change of which it is aware affecting its prevention plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a prevention plan as a result of these changes. (6) The department by rule shall require prevention plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years. (7) Approval of a prevention plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law. (8) This section does not authorize the department to modify the terms of a collective bargaining agreement. [2000 c 69 § 4; 1991 c 200 § 417.] 88.46.050 Vessel screening. (1) In order to ensure the safety of marine transportation within the navigable waters of the state and to protect the state’s natural resources, the department shall adopt rules for determining whether cargo vessels and passenger vessels entering the navigable waters of the state pose a substantial risk of harm to the public health and safety and the environment. (2) The rules may include: (a) Examining available information sources for evidence that a cargo or passenger vessel may pose a substantial risk to safe marine transportation or the state’s natural resources. Information sources may include: Vessel casualty lists, United States coast guard casualty reports, maritime insurance ratings, the index of contingency plans compiled by the department of ecology, other data gathered by the maritime commission, or any other resources; (b) Requesting the United States coast guard to deny a cargo vessel or passenger vessel entry into the navigable waters of the state, if the vessel poses a substantial environmental risk; (c) Notifying the state’s spill response system that a cargo or passenger vessel entering the state’s navigable waters poses a substantial environmental risk; (d) Inspecting a cargo or passenger vessel that may pose a substantial environmental risk, to determine whether the vessel complies with applicable state or federal laws. Any vessel inspection conducted pursuant to this section shall be performed during the vessel’s scheduled stay in port; and 88.46.050 [Title 88 RCW—page 37] 88.46.060 Title 88 RCW: Navigation and Harbor Improvements (e) Enforcement actions. [2000 c 69 § 5; 1992 c 73 § 19; 1991 c 200 § 418.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. 88.46.060 Contingency plans. (1) Each covered vessel shall have a contingency plan for the containment and cleanup of oil spills from the covered vessel into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by rule adopt and periodically revise standards for the preparation of contingency plans. The department shall require contingency plans, at a minimum, to meet the following standards: (a) Include full details of the method of response to spills of various sizes from any vessel which is covered by the plan; (b) Be designed to be capable in terms of personnel, materials, and equipment, of promptly and properly, to the maximum extent practicable, as defined by the department, removing oil and minimizing any damage to the environment resulting from a worst case spill; (c) Provide a clear, precise, and detailed description of how the plan relates to and is integrated into relevant contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal government; (d) Provide procedures for early detection of spills and timely notification of such spills to appropriate federal, state, and local authorities under applicable state and federal law; (e) State the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to direct and implement the plan; (f) Incorporate periodic training and drill programs to evaluate whether personnel and equipment provided under the plan are in a state of operational readiness at all times; (g) Describe important features of the surrounding environment, including fish and wildlife habitat, shellfish beds, environmentally and archaeologically sensitive areas, and public facilities. The departments of ecology, fish and wildlife, and natural resources, and the *office of archaeology and historic preservation, upon request, shall provide information that they have available to assist in preparing this description. The description of archaeologically sensitive areas shall not be required to be included in a contingency plan until it is reviewed and updated pursuant to subsection (9) of this section; (h) State the means of protecting and mitigating effects on the environment, including fish, shellfish, marine mammals, and other wildlife, and ensure that implementation of the plan does not pose unacceptable risks to the public or the environment; (i) Establish guidelines for the use of equipment by the crew of a vessel to minimize vessel damage, stop or reduce any spilling from the vessel, and, only when appropriate and only when vessel safety is assured, contain and clean up the spilled oil; (j) Provide arrangements for the prepositioning of spill containment and cleanup equipment and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil; (k) Provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan; 88.46.060 [Title 88 RCW—page 38] (l) Provide for disposal of recovered spilled oil in accordance with local, state, and federal laws; (m) Until a spill prevention plan has been submitted pursuant to RCW 88.46.040, state the measures that have been taken to reduce the likelihood that a spill will occur, including but not limited to, design and operation of a vessel, training of personnel, number of personnel, and backup systems designed to prevent a spill; (n) State the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment; and (o) If the department has adopted rules permitting the use of dispersants, the circumstances, if any, and the manner for the application of the dispersants in conformance with the department’s rules. (2)(a) The owner or operator of a tank vessel of three thousand gross tons or more shall submit a contingency plan to the department within six months after the department adopts rules establishing standards for contingency plans under subsection (1) of this section. (b) Contingency plans for all other covered vessels shall be submitted to the department within eighteen months after the department has adopted rules under subsection (1) of this section. The department may adopt a schedule for submission of plans within the eighteen-month period. (3)(a) The owner or operator of a tank vessel or of the facilities at which the vessel will be unloading its cargo, or a Washington state nonprofit corporation established for the purpose of oil spill response and contingency plan coverage and of which the owner or operator is a member, shall submit the contingency plan for the tank vessel. Subject to conditions imposed by the department, the owner or operator of a facility may submit a single contingency plan for tank vessels of a particular class that will be unloading cargo at the facility. (b) The contingency plan for a cargo vessel or passenger vessel may be submitted by the owner or operator of the cargo vessel or passenger vessel, by the agent for the vessel resident in this state, or by a Washington state nonprofit corporation established for the purpose of oil spill response and contingency plan coverage and of which the owner or operator is a member. Subject to conditions imposed by the department, the owner, operator, or agent may submit a single contingency plan for cargo vessels or passenger vessels of a particular class. (c) A person who has contracted with a covered vessel to provide containment and cleanup services and who meets the standards established pursuant to RCW 90.56.240, may submit the plan for any covered vessel for which the person is contractually obligated to provide services. Subject to conditions imposed by the department, the person may submit a single plan for more than one covered vessel. (4) A contingency plan prepared for an agency of the federal government or another state that satisfies the requirements of this section and rules adopted by the department may be accepted by the department as a contingency plan under this section. The department shall ensure that to the greatest extent possible, requirements for contingency plans under this section are consistent with the requirements for contingency plans under federal law. (2008 Ed.) Vessel Oil Spill Prevention and Response (5) In reviewing the contingency plans required by this section, the department shall consider at least the following factors: (a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call down lists, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment; (b) The nature and amount of vessel traffic within the area covered by the plan; (c) The volume and type of oil being transported within the area covered by the plan; (d) The existence of navigational hazards within the area covered by the plan; (e) The history and circumstances surrounding prior spills of oil within the area covered by the plan; (f) The sensitivity of fisheries and wildlife, shellfish beds, and other natural resources within the area covered by the plan; (g) Relevant information on previous spills contained in on-scene coordinator reports prepared by the director; and (h) The extent to which reasonable, cost-effective measures to prevent a likelihood that a spill will occur have been incorporated into the plan. (6) The department shall approve a contingency plan only if it determines that the plan meets the requirements of this section and that, if implemented, the plan is capable, in terms of personnel, materials, and equipment, of removing oil promptly and properly and minimizing any damage to the environment. (7) The approval of the contingency plan shall be valid for five years. Upon approval of a contingency plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the vessels covered by the plan, and other information the department determines should be included. (8) An owner or operator of a covered vessel shall notify the department in writing immediately of any significant change of which it is aware affecting its contingency plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a contingency plan as a result of these changes. (9) The department by rule shall require contingency plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years. (10) Approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law. [2005 c 78 § 2; 2000 c 69 § 6; 1995 c 148 § 3; 1992 c 73 § 20; 1991 c 200 § 419.] *Reviser’s note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12. Effective date—1995 c 148 §§ 1-3: "Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 27, 1995]." [1995 c 148 § 6.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. (2008 Ed.) 88.46.065 88.46.062 Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission. (1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan coverage for vessels that do not have their own contingency plans that transit the waters of this state. A nonprofit corporation shall be established for the sole purpose of providing oil spill response and contingency plan coverage in compliance with RCW 88.46.060. (2) The maritime commission may conduct activities and make expenditures necessary for the transition of services presently provided by the commission and its contractors to the nonprofit corporation established pursuant to this section. (3) Once the nonprofit corporation is established and the transfers under RCW 88.46.063 are completed, the maritime commission may cease operation. [1995 c 148 § 1.] 88.46.062 Effective date—1995 c 148 §§ 1-3: See note following RCW 88.46.060. 88.46.063 Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission. All reports, documents, surveys, books, records, files, papers, written materials, tangible property, and assets, including contracts and assessment moneys held by the maritime commission shall be transferred to the nonprofit corporation created under RCW 88.46.062. Funds transferred under this section shall be used for the sole purpose of providing oil spill response and contingency plan coverage and related activities in compliance with RCW 88.46.060. No funds may be transferred under this section until all liabilities of the maritime commission have been provided for or satisfied. All liabilities not provided for or satisfied by the maritime commission before cessation of its operations shall be transferred to the nonprofit corporation at the time the maritime commission’s assets are transferred to the corporation. [1995 c 148 § 2.] 88.46.063 Effective date—1995 c 148 §§ 1-3: See note following RCW 88.46.060. 88.46.065 Nonprofit corporation providing contingency plan—Liability limited. A nonprofit corporation established for the sole purpose of providing contingency plan coverage for any vessel in compliance with RCW 88.46.060 is entitled to liability protection as provided in this section. Obligations incurred by the corporation and any other liabilities or claims against the corporation may be enforced only against the assets of the corporation, and no liability for the debts or actions of the corporation exists against a director, officer, member, employee, incident commander, agent, contractor, or subcontractor of the corporation in his or her individual or representative capacity. Except as otherwise provided in this chapter, neither the directors, officers, members, employees, incident commander[s], or agents of the corporation, nor the business entities by whom they are regularly employed may be held individually responsible for discretionary decisions, errors in judgment, mistakes, or other acts, either of commission or omission, that are directly related to the operation or implementation of contingency plans, other than for acts of gross negligence or willful or wanton misconduct. The corporation may insure and defend and indemnify the directors, officers, members, 88.46.065 [Title 88 RCW—page 39] 88.46.068 Title 88 RCW: Navigation and Harbor Improvements employees, incident commanders, and agents to the extent permitted by chapters 23B.08 and 24.03 RCW. This section does not alter or limit the responsibility or liability of any person for the operation of a motor vehicle. [1994 sp.s. c 9 § 853.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 88.46.068 Adequacy of contingency plans—Practice drills—Rules. The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation. [2006 c 316 § 4.] 88.46.068 Severability—2006 c 316: See note following RCW 88.46.167. 88.46.070 Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice. (1) The provisions of prevention plans and contingency plans approved by the department pursuant to this chapter shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, compel specific performance of, or otherwise to enforce such plans upon application by the department. The department may issue an order pursuant to chapter 34.05 RCW requiring compliance with a contingency plan or a prevention plan and may impose administrative penalties for failure to comply with a plan. (2) If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of this chapter, the director shall notify the person of the director’s determination by registered mail. The determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of the determination, the person shall file with the director a full report stating what steps have been and are being taken to comply with the determination of the director. The director shall issue an order or directive, as the director deems appropriate under the circumstances, and shall notify the person by registered mail. (3) If the director believes immediate action is necessary to accomplish the purposes of this chapter, the director may issue an order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (2) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed. [2000 c 69 § 7; 1992 c 73 § 21; 1991 c 200 § 420.] 88.46.070 Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. [Title 88 RCW—page 40] 88.46.073 Violations of rules—Enforcement. If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3). [2006 c 316 § 3.] 88.46.073 Severability—2006 c 316: See note following RCW 88.46.167. 88.46.080 Unlawful operation of a covered vessel— Penalties—Evidence of approved contingency plan or prevention plan. (1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state a covered vessel without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990. (2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW. (b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW. (3) It shall not be unlawful for the owner or operator to operate a covered vessel if: (a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility; (b) All required plans have been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval; or (c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress. (4) A person may rely on a copy of the statement issued by the department pursuant to RCW 88.46.060 as evidence that a vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an approved prevention plan. (5) Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the director or a court in pursuance thereof is guilty of a gross misdemeanor, as provided in chapter 9A.20 RCW, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation. [2003 c 53 § 417; 2000 c 69 § 8; 1992 c 73 § 22; 1991 c 200 § 421.] 88.46.080 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. 88.46.090 Unlawful acts—Civil penalty. (1) Except as provided in subsection (4) of this section, it shall be unlawful for a covered vessel to enter the waters of the state without an approved contingency plan required by RCW 88.46.060, a spill prevention plan required by RCW 88.46.040, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990. The department may 88.46.090 (2008 Ed.) Vessel Oil Spill Prevention and Response deny entry onto the waters of the state to any covered vessel that does not have a required contingency or spill prevention plan or financial responsibility. (2) Except as provided in subsection (4) of this section, it shall be unlawful for a covered vessel to transfer oil to or from an onshore or offshore facility that does not have an approved contingency plan required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990. (3) The director may assess a civil penalty of up to one hundred thousand dollars against the owner or operator of a vessel who is in violation of subsection (1) or (2) of this section. Each day that the owner or operator of a covered vessel is in violation of this section shall be considered a separate violation. (4) It shall not be unlawful for a covered vessel to operate on the waters of the state if: (a) A contingency plan, a prevention plan, or financial responsibility is not required for the covered vessel; (b) A contingency plan and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval; or (c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress. (5) Any person may rely on a copy of the statement issued by the department to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved spill prevention plan. (6) Except for violations of subsection (1) or (2) of this section, any person who violates the provisions of this chapter or rules or orders adopted or issued pursuant thereto, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars a day for each violation. Each violation is a separate offense, and in case of a continuing violation, every day’s continuance is a separate violation. Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this subsection and subject to penalty. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation’s impact on public health and the environment in addition to other relevant factors. The penalty shall be imposed pursuant to the procedures set forth in RCW 43.21B.300. [2000 c 69 § 9; 1992 c 73 § 23; 1991 c 200 § 422.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. 88.46.100 Notification of accidents and near miss incidents. (1) In order to assist the state in identifying areas of the navigable waters of the state needing special attention, the owner or operator of a covered vessel shall notify the coast guard within one hour: (a) Of the disability of the covered vessel if the disabled vessel is within twelve miles of the shore of the state; and (b) Of a collision or a near miss incident within twelve miles of the shore of the state. 88.46.130 (2) The state military department and the department shall request the coast guard to notify the state military department as soon as possible after the coast guard receives notice of a disabled covered vessel or of a collision or near miss incident within twelve miles of the shore of the state. The department shall negotiate an agreement with the coast guard governing procedures for coast guard notification to the state regarding disabled covered vessels and collisions and near miss incidents. (3) The department shall prepare a summary of the information collected under this section and provide the summary to the regional marine safety committees, the coast guard, and others in order to identify problems with the marine transportation system. (4) For the purposes of this section: (a) A tank vessel or cargo vessel is considered disabled if any of the following occur: (i) Any accidental or intentional grounding; (ii) The total or partial failure of the main propulsion or primary steering or any component or control system that causes a reduction in the maneuvering capabilities of the vessel; (iii) An occurrence materially and adversely affecting the vessel’s seaworthiness or fitness for service, including but not limited to, fire, flooding, or collision with another vessel; (iv) Any other occurrence that creates the serious possibility of an oil spill or an occurrence that may result in such a spill. (b) A barge is considered disabled if any of the following occur: (i) The towing mechanism becomes disabled; (ii) The towboat towing the barge becomes disabled through occurrences defined in (a) of this subsection. (c) A near miss incident is an incident that requires the pilot or master of a covered vessel to take evasive actions or make significant course corrections in order to avoid a collision with another ship or to avoid a grounding as required by the international rules of the road. (5) Failure of any person to make a report under this section shall not be used as the basis for the imposition of any fine or penalty. [2000 c 69 § 10; 1995 c 391 § 9; 1991 c 200 § 423.] Effective date—1995 c 391: See note following RCW 38.52.005. 88.46.120 Tank vessel response equipment standards. The department may adopt rules including but not limited to standards for spill response equipment to be maintained on tank vessels. The standards adopted under this section shall be consistent with spill response equipment standards adopted by the United States coast guard. [2000 c 69 § 11; 1991 c 200 § 425.] 88.46.120 88.46.100 (2008 Ed.) 88.46.130 Emergency response system. An emergency response system for the Strait of Juan de Fuca shall be established by July 1, 1992. In establishing the emergency response system, the *administrator shall consider the recommendations of the regional marine safety committees. The *administrator shall also consult with the province of British Columbia regarding its participation in the emergency response system. [1991 c 200 § 426.] 88.46.130 [Title 88 RCW—page 41] 88.46.160 Title 88 RCW: Navigation and Harbor Improvements *Reviser’s note: The powers, duties, and functions of the administrator were transferred to the director of ecology by 1991 c 200 § 430, effective July 1, 1997. 88.46.160 88.46.160 Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules. Any person or facility conducting ship refueling and bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an onshore or offshore facility and a tank vessel shall have containment and recovery equipment readily available for deployment in the event of the discharge of oil into the waters of the state and shall deploy the containment and recovery equipment in accordance with standards adopted by the department. All persons conducting refueling, bunkering, or lightering operations, or oil transfer operations shall be trained in the use and deployment of oil spill containment and recovery equipment. The department shall adopt rules as necessary to carry out the provisions of this section by June 30, 2006. The rules shall include standards for the circumstances under which containment equipment should be deployed including standards requiring deployment of containment equipment prior to the transfer of oil when determined to be safe and effective by the department. The department may require a person or facility to employ alternative measures including but not limited to automatic shutoff devices and alarms, extra personnel to monitor the transfer, or containment equipment that is deployed quickly and effectively. The standards adopted by rule must be suitable to the specific environmental and operational conditions and characteristics of the facilities that are subject to the standards, and the department must consult with the United States coast guard with the objective of developing state standards that are compatible with federal requirements applicable to the activities covered by this section. An onshore or offshore facility shall include the procedures used to contain and recover discharges in the facility’s contingency plan. It is the responsibility of the person providing bunkering, refueling, or lightering services to provide any containment or recovery equipment required under this section. This section does not apply to a person operating a ship for personal pleasure or for recreational purposes. [2004 c 226 § 3; 2000 c 69 § 12; 1991 c 200 § 438; 1987 c 479 § 2. Formerly RCW 90.48.510.] 88.46.165 88.46.165 Oil transfers—Scope of rules—Reporting volumes of oil transferred. (1) The department’s rules authorized under RCW 88.46.160 and this section shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department. (2) The rules may require prior notice be provided before an oil transfer, regulated under this chapter, occurs in situations defined by the department as posing a higher risk. The notice may include the time, location, and volume of the oil transfer. The rules may not require prior notice when marine fuel outlets are transferring less than three thousand gallons of oil in a single transaction to a ship that is not a covered vessel and the transfers are scheduled less than four hours in advance. [Title 88 RCW—page 42] (3) The department may require semiannual reporting of volumes of oil transferred to ships by a marine fuel outlet. (4) The rules may require additional measures to be taken in conjunction with the deployment of containment equipment or with the alternatives to deploying containment equipment. However, these measures must be scaled appropriately to the risks posed by the oil transfer. (5) The rules shall include regulations to enhance the safety of oil transfers over water originating from vehicles transporting oil over private roads or highways of the state. [2006 c 316 § 1.] Severability—2006 c 316: See note following RCW 88.46.167. 88.46.167 Inspection authority. In addition to other inspection authority provided for in this chapter and chapter 90.56 RCW, the department may conduct inspections of oil transfer operations regulated under RCW 88.46.160 or 88.46.165. [2006 c 316 § 2.] 88.46.167 Severability—2006 c 316: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2006 c 316 § 5.] 88.46.170 Field operations program—Coordination with United States coast guard. (1) The department shall establish a field operations program to enforce the provisions of this chapter. The field operations program shall include, but is not limited to, the following elements: (a) Education and public outreach; (b) Review of lightering and bunkering operations to prevent oil spills; (c) Evaluation and boarding of tank vessels for compliance with prevention plans prepared pursuant to this chapter; (d) Evaluation and boarding of covered vessels that may pose a substantial risk to the public health, safety, and the environment; (e) Evaluation and boarding of covered vessels for compliance with rules adopted by the department to implement recommendations of regional marine safety committees; and (f) Collection of vessel information to assist in identifying vessels which pose a substantial risk to the public health, safety, and the environment. (2) The department shall coordinate the field operations program with similar activities of the United States coast guard. To the extent feasible, the department shall coordinate its boarding schedules with those of the United States coast guard to reduce the impact of boardings on vessel operators, to more efficiently use state and federal resources, and to avoid duplication of United States coast guard inspection operations. (3) In developing and implementing the field operations program, the department shall give priority to activities designed to identify those vessels which pose the greatest risk to the waters of the state. The department shall consult with the marine transportation industry, individuals concerned with the marine environment, other state and federal agencies, and the public in developing and implementing the program required by this section. [2000 c 69 § 13; 1993 c 162 § 1.] 88.46.170 Severability—1993 c 162: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or (2008 Ed.) Vessel Oil Spill Prevention and Response 88.46.926 the application of the provision to other persons or circumstances is not affected." [1993 c 162 § 4.] Effective date—1993 c 162: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 162 § 5.] 88.46.200 Advisory marine safety committees—Recommendations. The director may appoint ad hoc, advisory marine safety committees to solicit recommendations and technical advice concerning vessel traffic safety. The department may implement recommendations made in regional marine safety plans that are approved by the department and over which the department has authority. If federal authority or action is required to implement the recommendations, the department may petition the appropriate agency or the congress. [2000 c 69 § 14; 1994 sp.s. c 9 § 854.] 88.46.200 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 88.46.900 Captions not law. Section headings as used in this chapter do not constitute any part of the law. [1991 c 200 § 427.] 88.46.900 88.46.901 Effective dates—Severability—1991 c 200. See RCW 90.56.901 and 90.56.904. 88.46.901 88.46.921 Office of marine safety abolished. The office of marine safety is hereby abolished and its powers, duties, and functions are hereby transferred to the department of ecology. All references to the administrator or office of marine safety in the Revised Code of Washington shall be construed to mean the director or department of ecology. [1991 c 200 § 430.] 88.46.921 Expiration date—1995 2nd sp.s. c 14 §§ 511-523 and 528-533: See note following RCW 43.105.017. Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.105.017. Effective date—1991 c 200 §§ 430-436: "Sections 430 through 436 of this act shall take effect July 1, 1997." [(1995 2nd sp.s. c 14 § 521 expired June 30, 1997); 1991 c 200 § 1120.] 88.46.926 Apportionments of budgeted funds. If apportionments of budgeted funds are required because of the transfers directed by *RCW 88.46.922 through 88.46.925, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [1991 c 200 § 435.] 88.46.926 *Reviser’s note: (1) RCW 88.46.922 was repealed by 2000 c 69 § 37. (2) RCW 88.46.924 and 88.46.925 were decodified by 2000 c 69 § 36. Effective date—1991 c 200 §§ 430-436: See note following RCW 88.46.921. (2008 Ed.) [Title 88 RCW—page 43] Title 89 Title 89 RECLAMATION, SOIL CONSERVATION, AND LAND SETTLEMENT Chapters 89.08 Conservation districts. 89.10 Farmland preservation. 89.12 Reclamation and irrigation districts in reclamation areas. 89.16 Reclamation by state. 89.30 Reclamation districts of one million acres. Assessments and charges against state lands: Chapter 79.44 RCW. Construction projects in state waters: Chapter 77.55 RCW. Conveyance of real property by public bodies—Recordings: RCW 65.08.095. Diking and drainage: Title 85 RCW. Disincorporation of district located in counties with a population of two hundred ten thousand or more and inactive for five years: Chapter 57.90 RCW. Facilitating recovery from Mt. St. Helens eruption scope of local government action: RCW 36.01.150. scope of state agency action: RCW 43.01.210. Flood control: Title 86 RCW. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180, 41.04.190. Lien for labor and materials on public works: Chapter 60.28 RCW. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Chapter 89.08 Chapter 89.08 RCW CONSERVATION DISTRICTS Sections 89.08.005 89.08.010 89.08.020 89.08.030 89.08.040 89.08.050 89.08.060 89.08.070 89.08.080 89.08.090 89.08.100 89.08.110 89.08.120 89.08.130 89.08.140 89.08.150 89.08.160 89.08.170 89.08.180 89.08.185 89.08.190 89.08.200 89.08.210 89.08.215 (2008 Ed.) Short title. Preamble. Definitions. Conservation commission. Members—Compensation and travel expenses—Records, rules, hearings, etc. Employees—Delegation—Quorum. Assistance of other state agencies and institutions. General duties of commission. Petition to form district—Contents. Notice of hearing—Hearing. Findings—Order. Election—How conducted. Ballots. Notice of election. Expense of hearing and election. Procedure after canvass. Appointment of supervisors—Application to secretary of state. Secretary of state’s certificate—Change of name. Annexation of territory—Boundary change—Combining two or more districts. Petition to withdraw from district—Approval or rejection— Disputed petitions. Nomination and election of supervisors—Annual meeting of voters. Supervisors—Term, vacancies, removal, etc.—Compensation. Powers and duties of supervisors. Treasurer—Powers and duties—Bond. 89.08.220 89.08.341 89.08.350 89.08.360 89.08.370 89.08.390 89.08.391 89.08.400 89.08.410 89.08.440 89.08.450 89.08.460 89.08.470 89.08.480 89.08.490 89.08.500 89.08.510 89.08.520 89.08.530 89.08.540 89.08.550 89.08.560 89.08.570 89.08.580 89.08.590 89.08.900 89.08.901 89.08.902 Corporate status and powers of district. Intergovernmental cooperation—Authority. Petition to dissolve district—Election. Result of election—Dissolution. Disposition of affairs upon dissolution. Water rights preserved—1939 c 187. Water rights preserved—1973 1st ex.s. c 184. Special assessments for natural resource conservation. Grants to conservation districts—Rules—Report to the legislature. Best management practices for fish and wildlife habitat, water quality, and water quantity property tax exemption—List— Forms—Certification of claims. Watershed restoration projects—Intent. Watershed restoration projects—Definitions. Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project. Watershed restoration projects—Designated recipients of project applications—Notice to commission. Watershed restoration projects—Acceptance of applications— Permit decisions. Watershed restoration projects—Appointment of project facilitator by permit assistance center—Coordinated process for permit decisions. Watershed restoration projects—General permits—Cooperative permitting agreements. Water quality and habitat protection grant programs—Development of outcome-focused performance measures. Agricultural conservation easements program. Agricultural conservation easements account. Conservation assistance revolving account. Farm plans—Disclosure of information. Crop purchase contracts for dedicated energy crops. Puget Sound partners. Administering funds—Preference to an evergreen community. Severability—1939 c 187. Severability—1973 1st ex.s. c 184. Severability—1989 c 18. Duties of conservation commission and conservation districts for dairy waste management: Chapter 90.64 RCW. Property tax exemption for district’s personal property: RCW 84.36.240, 84.36.815. State participation in soil conservation district—Limit: RCW 86.26.100. 89.08.005 Short title. This chapter shall be known and cited as the conservation districts law. [1973 1st ex.s. c 184 § 1; 1961 c 240 § 1; 1939 c 187 § 1; RRS § 10726-1.] 89.08.005 89.08.010 Preamble. It is hereby declared, as a matter of legislative determination: (1) That the lands of the state of Washington are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; that improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the lands of this state by wind and water; that the breaking of natural grass, plant and forest cover have interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion; that the topsoil is being blown and washed off of lands; that there has been an accel89.08.010 [Title 89 RCW—page 1] 89.08.020 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement erated washing of sloping lands; that these processes of erosion by wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; that failure by any land occupier to conserve the soil and control erosion upon his lands may cause a washing and blowing of soil from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible, and that extensive denuding of land for development creates critical erosion areas that are difficult to effectively regenerate and the resulting sediment causes extensive pollution of streams, ponds, lakes and other waters. (2) That the consequences of such soil erosion in the form of soil blowing and soil washing are the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors, and loading the air with soil particles; the loss of fertile soil material in dust storms; the piling up of soil on lower slopes and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop failures; an increase in the speed and volume of rainfall run-off, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, buildings, and other property from floods and from dust storms; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming and grazing. (3) That to conserve soil resources and control and prevent soil erosion and prevent flood water and sediment damages, and further agricultural and nonagricultural phases of the conservation, development, utilization, and disposal of water, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices, and works of improvement for flood prevention of agricultural and nonagricultural phases of the conservation, development, utilization, and disposal of water be adopted and carried out; that among the procedures necessary for widespread adoption, are the carrying on of engineering operations such as the construction of terraces, terrace outlets, check-dams, desilting basins, flood water retarding structures, channel floodways, dikes, ponds, ditches, and the like; the utilization of strip cropping, contour cultivating, and contour furrowing; land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabilizations with trees, grasses, legumes, and other thick-growing, soil-holding crops, retardation of run-off by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded. [Title 89 RCW—page 2] (4) Whereas, there is a pressing need for the conservation of renewable resources in all areas of the state, whether urban, suburban, or rural, and that the benefits of resource practices, programs, and projects, as carried out by the state conservation commission and by the conservation districts, should be available to all such areas; therefore, it is hereby declared to be the policy of the legislature to provide for the conservation of the renewable resources of this state, and for the control and prevention of soil erosion, and for the prevention of flood water and sediment damages, and for furthering agricultural and nonagricultural phases of conservation, development, utilization, and disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state. To this end all incorporated cities and towns heretofore excluded from the boundaries of a conservation district established pursuant to the provisions of the state conservation district law, as amended, may be approved by the conservation commission as being included in and deemed a part of the district upon receiving a petition for annexation signed by the governing authority of the city or town and the conservation district within the exterior boundaries of which it lies in whole or in part or to which it lies closest. [1973 1st ex.s. c 184 § 2; 1939 c 187 § 2; RRS § 10726-2.] 89.08.020 Definitions. Unless the context clearly indicates otherwise, as used in this chapter: "Commission" and "state conservation commission" means the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission"; "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in chapter 184, Laws of 1973 1st ex. sess. All references in chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts"; "Board" and "supervisors" mean the board of supervisors of a conservation district; "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise; "District elector" or "voter" means a registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition; "Due notice" means a notice published at least twice, with at least six days between publications, in a publication 89.08.020 (2008 Ed.) Conservation Districts of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice; "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space; "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters. "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands". [1999 c 305 § 1; 1973 1st ex.s. c 184 § 3; 1961 c 240 § 2; 1955 c 304 § 1; 1939 c 187 § 3; RRS § 10726-3.] 89.08.030 Conservation commission. There is hereby established to serve as an agency of the state and to perform the functions conferred upon it by law, the state conservation commission, which shall succeed to all powers, duties and property of the state soil and water conservation committee. The commission shall consist of ten members, five of whom are ex officio. Two members shall be appointed by the governor, one of whom shall be a landowner or operator of a farm. At least two of the three elected members shall be landowners or operators of a farm and shall be elected as herein provided. The appointed members shall serve for a term of four years. The three elected members shall be elected for three-year terms, one shall be elected each year by the district supervisors at their annual statewide meeting. One of the members shall reside in eastern Washington, one in central Washington and one in western Washington, the specific boundaries to be determined by district supervisors. At the first such election, the term of the member from western Washington shall be one year, central Washington two years and eastern Washington three years, and successors shall be elected for three years. 89.08.030 (2008 Ed.) 89.08.050 Unexpired term vacancies in the office of appointed commission members shall be filled by appointment by the governor in the same manner as full-term appointments. Unexpired terms of elected commission members shall be filled by the regional vice president of the Washington association of conservation districts who is serving that part of the state where the vacancy occurs, such term to continue only until district supervisors can fill the unexpired term by electing the commission member. The director of the department of ecology, the director of the department of agriculture, the commissioner of public lands, the president of the Washington association of conservation districts, and the dean of the college of agriculture at Washington State University shall be ex officio members of the commission. An ex officio member of the commission shall hold office so long as he or she retains the office by virtue of which he or she is a member of the commission. Ex officio members may delegate their authority. The commission may invite appropriate officers of cooperating organizations, state and federal agencies to serve as advisers to the conservation commission. [1987 c 180 § 1; 1983 c 248 § 13; 1973 1st ex.s. c 184 § 4; 1967 c 217 § 1; 1961 c 240 § 3; 1955 c 304 § 3. Prior: 1951 c 216 § 3; 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.] 89.08.040 Members—Compensation and travel expenses—Records, rules, hearings, etc. Members shall be compensated in accordance with RCW 43.03.240 and shall be entitled to travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties. The commission shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under chapter 184, Laws of 1973 1st ex. sess. The state department of ecology is empowered to pay the travel expenses of the elected and appointed members of the state conservation commission, and the salaries, wages and other expenses of such administrative officers or other employees as may be required under the provisions of this chapter. [1984 c 287 § 112; 1975-’76 2nd ex.s. c 34 § 179; 1973 1st ex.s. c 184 § 5; 1961 c 240 § 4; 1955 c 304 § 4. Prior: 1951 c 216 § 4; 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.] 89.08.040 Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 89.08.050 Employees—Delegation—Quorum. The commission may employ an administrative officer, and such technical experts and such other agents and employees, permanent and temporary as it may require, and shall determine their qualifications, duties, and compensation. The commission may call upon the attorney general for such legal services as it may require. It shall have authority to delegate to its chairman, to one or more of its members, to one or more agents or employees such duties and powers as it deems proper. It shall be sup89.08.050 [Title 89 RCW—page 3] 89.08.060 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement plied with suitable office accommodations at the central office of the department of ecology, and shall be furnished the necessary supplies and equipment. The commission shall organize annually and select a chairman from among its members, who shall serve for one year from the date of his selection. A majority of the commission shall constitute a quorum and all actions of the commission shall be by a majority vote of the members present and voting at a meeting at which a quorum is present. [1973 1st ex.s. c 184 § 6; 1961 c 240 § 5; 1955 c 304 § 5. Prior: 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 107264, part.] 89.08.060 Assistance of other state agencies and institutions. Upon request of the commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency or state institution of learning may, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission, members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys, or studies as the commission may request. [1973 1st ex.s. c 184 § 7; 1955 c 304 § 6. Prior: 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.] 89.08.060 89.08.070 General duties of commission. In addition to the duties and powers hereinafter conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., in the carrying out of any of their powers and programs: (a) to assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under chapter 184, Laws of 1973 1st ex. sess.; (b) to review district programs; (c) to coordinate the programs of the several districts and resolve any conflicts in such programs; (d) to facilitate, promote, assist, harmonize, coordinate, and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties, and other public agencies. (2) To keep the supervisors of each of the several conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess. informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them. (3) To review agreements, or forms of agreements, proposed to be entered into by districts with other districts or with any state, federal, interstate, or other public or private agency, organization, or individual, and advise the districts concerning such agreements or forms of agreements. (4) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state in the work of such districts. (5) To recommend the inclusion in annual and longer term budgets and appropriation legislation of the state of Washington of funds necessary for appropriation by the leg89.08.070 [Title 89 RCW—page 4] islature to finance the activities of the commission and the conservation districts; to administer the provisions of any law hereinafter enacted by the legislature appropriating funds for expenditure in connection with the activities of conservation districts; to distribute to conservation districts funds, equipment, supplies and services received by the commission for that purpose from any source, subject to such conditions as shall be made applicable thereto in any state or federal statute or local ordinance making available such funds, property or services; to issue regulations establishing guidelines and suitable controls to govern the use by conservation districts of such funds, property and services; and to review all budgets, administrative procedures and operations of such districts and advise the districts concerning their conformance with applicable laws and regulations. (6) To encourage the cooperation and collaboration of state, federal, regional, interstate and local public and private agencies with the conservation districts, and facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation of renewable natural resources. (7) To disseminate information throughout the state concerning the activities and programs of the conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable; to make available information concerning the needs and the work of the conservation district and the commission to the governor, the legislature, executive agencies of the government of this state, political subdivisions of this state, cooperating federal agencies, and the general public. (8) Pursuant to procedures developed mutually by the commission and other state and local agencies that are authorized to plan or administer activities significantly affecting the conservation of renewable natural resources, to receive from such agencies for review and comment suitable descriptions of their plans, programs and activities for purposes of coordination with district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort. (9) To compile information and make studies, summaries and analysis of district programs in relation to each other and to other resource conservation programs on a statewide basis. (10) To assist conservation districts in obtaining legal services from state and local legal officers. (11) To require annual reports from conservation districts, the form and content of which shall be developed by the commission. (12) To establish by regulations, with the assistance and advice of the state auditor’s office, adequate and reasonably uniform accounting and auditing procedures which shall be used by conservation districts. [1973 1st ex.s. c 184 § 8; 1961 c 240 § 6; 1955 c 304 § 7. Prior: 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.] 89.08.080 Petition to form district—Contents. To form a conservation district, twenty percent of the voters 89.08.080 (2008 Ed.) Conservation Districts within the area to be affected may file a petition with the commission asking that the area be organized into a district. The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and welfare, give a general description of the area proposed to be organized and request that the commission determine that it be created, and that it define the boundaries thereof and call an election on the question of creating the district. If more than one petition is filed covering parts of the same area, the commission may consolidate all or any of them. [1999 c 305 § 2; 1973 1st ex.s. c 184 § 9; 1961 c 240 § 7; 1961 c 17 § 1. Prior: 1939 c 187 § 5, part; RRS § 107265, part.] 89.08.090 Notice of hearing—Hearing. Within thirty days after a petition is filed, the commission shall give due notice of the time and place of a public hearing thereon. At the hearing all interested persons shall be heard. If it appears to the commission that additional land should be included in the district, the hearing shall be adjourned and a new notice given covering the entire area and a new date fixed for further hearing, unless waiver of notice by the owners of the additional land is filed with the commission. No district shall include any portion of a railroad rightof-way, or another similar district. The lands included in a district need not be contiguous. [1973 1st ex.s. c 184 § 10; 1955 c 304 § 9. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.090 89.08.100 Findings—Order. After the hearing, if the commission finds that the public health, safety, and welfare warrant the creation of the district, it shall enter an order to that effect and define the boundaries thereof by metes and bounds or by legal subdivisions. In making its findings the commission shall consider the topography of the particular area and of the state generally; the composition of the soil; the distribution of erosion; the prevailing land use practices; the effects upon and benefits to the land proposed to be included; the relation of the area to existing watersheds and agricultural regions and to other similar districts organized or proposed; and consider such other physical, geographical, and economic factors as are relevant. If the commission finds there is no need for the district, it shall enter an order denying the petition, and no petition covering the same or substantially the same area may be filed within six months thereafter. [1973 1st ex.s. c 184 § 11; 1955 c 304 § 10. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.150 results published by the commission. [1999 c 305 § 3; 1973 1st ex.s. c 184 § 12; 1955 c 304 § 11. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.120 Ballots. The commission shall provide the ballots for the election which shall contain the words 89.08.120 "â For creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . .," and "â Against creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . ." The ballot shall set forth the boundaries of the proposed district, and contain a direction to insert an X in the square of the voter’s choice. [1973 1st ex.s. c 184 § 13; 1961 c 240 § 8; 1955 c 304 § 12. Prior: 1939 c 187 § 5, part; RRS § 107265, part.] 89.08.130 Notice of election. The commission shall give due notice of the election, which shall state generally the purpose of the election, the date thereof, the place and hours of voting, and set forth the boundaries of the proposed district. Only qualified district electors within the proposed district as determined by the commission may vote at the election. Each voter shall vote in the polling place nearest the voter’s residence. [1999 c 305 § 4; 1973 1st ex.s. c 184 § 14; 1955 c 304 § 13. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.130 89.08.100 89.08.110 Election—How conducted. If the commission finds that the district is needed, it shall then determine whether it is practicable. To assist the commission in determining this question, it shall, within a reasonable time, submit the proposition to a vote of the district electors in the proposed district. The commission shall fix the date of the election, designate the polling places, fix the hours for opening and closing the polls, and appoint the election officials. The election shall be conducted, the vote counted and returns canvassed and the 89.08.110 (2008 Ed.) 89.08.140 Expense of hearing and election. The commission shall bear all expense of giving the notices and conducting the hearings and election, and shall issue regulations governing all hearings and elections and supervise the conduct thereof. It shall provide for registration of eligible voters or prescribe the procedure to determine the eligible voters. No informality in connection with the election shall invalidate the results, if the notice thereof was substantially given, and the election fairly conducted. [1973 1st ex.s. c 184 § 15; 1955 c 304 § 14. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.140 89.08.150 Procedure after canvass. If a majority of the votes cast at the election are against the creation of the district, the commission shall deny the petition. If a majority favor the district, the commission shall determine the practicability of the project. In making such determination, the commission shall consider the attitude of the voters of the district; the number of eligible voters who voted at the election; the size of the majority vote; the wealth and income of the land occupiers; the probable expense of carrying out the project; and any other economic factors relevant thereto. If the commission finds that the project is impracticable it shall enter an order to that effect and deny the petition. When the petition has been denied, no new petition covering the same or substantially the same area may be filed within six months therefrom. [1999 c 305 § 5; 1973 1st ex.s. c 184 89.08.150 [Title 89 RCW—page 5] 89.08.160 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement § 16; 1955 c 304 § 15. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.160 Appointment of supervisors—Application to secretary of state. If the commission finds the project practicable, it shall appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district. The two appointed supervisors shall file with the secretary of state a sworn application, reciting that a petition was filed with the commission for the creation of the district; that all required proceedings were had thereon; that they were appointed by the commission as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant. The application shall be accompanied by a statement of the commission, reciting that a petition was filed, notice issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election held on the question of creating the district; that a majority vote favored the district, and that the commission had determined the district practicable; and shall set forth the boundaries of the district. [1973 1st ex.s. c 184 § 17; 1955 c 304 § 16. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.160 89.08.170 Secretary of state’s certificate—Change of name. If the secretary of state finds that the name of the proposed district is such as will not be confused with that of any other district, he shall enter the application and statement in his records. If he finds the name may be confusing, he shall certify that fact to the commission, which shall submit a new name free from such objections, and he shall enter the application and statement as modified, in his records. Thereupon the district shall be considered organized into a body corporate. The secretary of state shall then issue to the supervisors a certificate of organization of the district under the seal of the state, and shall record the certificate in his office. Proof of the issuance of the certificate shall be evidence of the establishment of the district, and a certified copy of the certificate shall be admissible as evidence and shall be proof of the filing and contents thereof. The name of a conservation district may be changed upon recommendation by the supervisors of a district and approval by the state conservation commission and the secretary of state. The new name shall be recorded by the secretary of state following the same general procedure as for the previous name. [1973 1st ex.s. c 184 § 18; 1961 c 240 § 9; 1955 c 304 § 17. Prior: 1951 c 216 § 1; 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.170 89.08.180 Annexation of territory—Boundary change—Combining two or more districts. Territory may be added to an existing district upon filing a petition as in the 89.08.180 [Title 89 RCW—page 6] case of formation with the commission by twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district. As an alternate procedure, the commission may upon the petition of a majority of the voters in any one or more districts or in unorganized territory adjoining a conservation district change the boundaries of a district, or districts, if such action will promote the practical and feasible administration of such district or districts. Upon petition of the boards of supervisors of two or more districts, the commission may approve the combining of all or parts of such districts and name the district, or districts, with the approval of the name by the secretary of state. A public hearing and/or a referendum may be held if deemed necessary or desirable by the commission in order to determine the wishes of the voters. When districts are combined, the joint boards of supervisors will first select a chairman, secretary and other necessary officers and select a regular date for meetings. All elected supervisors will continue to serve as members of the board until the expiration of their current term of office, and/or until the election date nearest their expiration date. All appointed supervisors will continue to serve until the expiration of their current term of office, at which time the commission will make the necessary appointments. In the event that more than two districts are combined, a similar procedure will be set up and administered by the commission. When districts are combined or territory is moved from one district to another, the property, records and accounts of the districts involved shall be distributed to the remaining district or districts as approved by the commission. A new certificate of organization, naming and describing the new district or districts, shall be issued by the secretary of state. [1999 c 305 § 6; 1973 1st ex.s. c 184 § 19; 1961 c 240 § 10; 1955 c 304 § 18. Prior: 1951 c 216 § 2; 1939 c 187 § 5, part; RRS § 10726-5, part.] 89.08.185 89.08.185 Petition to withdraw from district— Approval or rejection—Disputed petitions. The local governing body of any city or incorporated town within an existing district may approve by majority vote a petition to withdraw from the district. The petition shall be submitted to the district for its approval. If approved by the district, the petition shall be sent to the commission. The commission shall approve the petition and forward it to the secretary of state and the boundary of the district shall be adjusted accordingly. If the petition is not approved by the district, the district shall adopt a resolution specifying the reasons why the petition is not approved. The petition and the district’s resolution shall be sent to the commission for its review. The commission shall approve or reject the petition based upon criteria it has adopted for the evaluation of petitions in dispute. If the commission approves the petition, it shall forward the petition to the secretary of state and the boundaries of the district shall be adjusted accordingly. The criteria used by the commission to evaluate petitions which are in dispute shall be adopted as rules by the commission under chapter 34.05 RCW, the administrative procedure act. [1999 c 305 § 7.] (2008 Ed.) Conservation Districts 89.08.190 89.08.190 Nomination and election of supervisors— Annual meeting of voters. Within thirty days after the issuance of the certificate of organization, unless the time is extended by the commission, petitions shall be filed with the commission to nominate candidates for the three elected supervisors. The petition shall be signed by not less than twenty-five district electors, and a district elector may sign petitions nominating more than one person. In the case of a new district, the commission shall give due notice to elect the three supervisors. All provisions pertaining to elections on the creation of a district shall govern this election so far as applicable. The names of all nominees shall appear on the ballot in alphabetical order, together with instructions to vote for three. The three candidates receiving the most votes shall be declared elected supervisors, the one receiving the most being elected for a three-year term, the next for two and the last for one year. An alternate method of dividing the district into three zones may be used when requested by the board of supervisors and approved by the commission. In such case, instructions will be to vote for one in each zone. The candidate receiving the most votes in a zone shall be declared elected. Each year after the creation of the first board of supervisors, the board shall by resolution and by giving due notice, set a date during the first quarter of each calendar year at which time it shall conduct an election, except that for elections in 2002 only, the board shall set the date during the second quarter of the calendar year at which time it shall conduct an election. Names of candidates nominated by petition shall appear in alphabetical order on the ballots, together with an extra line wherein may be written in the name of any other candidate. The commission shall establish procedures for elections, canvass the returns and announce the official results thereof. Election results may be announced by polling officials at the close of the election subject to official canvass of ballots by the commission. Supervisors elected shall take office at the first board meeting following the election. [2002 c 43 § 3; 1973 1st ex.s. c 184 § 20; 1967 c 217 § 2; 1961 c 240 § 11; 1955 c 304 § 19; 1939 c 187 § 6; RRS § 10726-6.] Intent—Effective date—2002 c 43: See notes following RCW 29A.04.330. 89.08.200 89.08.200 Supervisors—Term, vacancies, removal, etc.—Compensation. The term of office of each supervisor shall be three years and until his successor is appointed or elected and qualified, except that the supervisors first appointed shall serve for one and two years respectively from the date of their appointments, as designated in their appointments. In the case of elected supervisors, the term of office of each supervisor shall be three years and until his successor is elected and qualified, except that for the first election, the one receiving the largest number of votes shall be elected for three years; the next largest two years; and the third largest one year. Successors shall be elected for three-year terms. Vacancies in the office of appointed supervisors shall be filled by the state conservation commission. Vacancies in the office of elected supervisors shall be filled by appointment made by the remaining supervisors for the unexpired term. (2008 Ed.) 89.08.215 A majority of the supervisors shall constitute a quorum and the concurrence of a majority is required for any official action or determination. Supervisors shall serve without compensation, but they shall be entitled to expenses, including traveling expenses, necessarily incurred in discharge of their duties. A supervisor may be removed by the state conservation commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. The governing board shall designate a chairman from time to time. [1973 1st ex.s. c 184 § 21; 1961 c 240 § 12; 1955 c 304 § 21. Prior: 1949 c 106 § 2, part; 1939 c 187 § 7, part; Rem. Supp. 1949 § 10726-7, part.] 89.08.210 Powers and duties of supervisors. The supervisors may employ a secretary, treasurer, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and determine their qualifications, duties, and compensation. It may call upon the attorney general for legal services, or may employ its own counsel and legal staff. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as it deems proper. The supervisors shall furnish to the commission, upon request, copies of such internal rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as the commission may require in the performance of its duties under chapter 184, Laws of 1973 1st ex. sess. The supervisors shall provide for the execution of surety bonds for officers and all employees who shall be entrusted with funds or property. The supervisors shall provide for the keeping of a full and accurate record of all proceedings, resolutions, regulations, and orders issued or adopted. The supervisors shall provide for an annual audit of the accounts of receipts and disbursements in accordance with procedures prescribed by regulations of the commission. The board may invite the legislative body of any municipality or county near or within the district, to designate a representative to advise and consult with it on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county. The governing body of a district shall appoint such advisory committees as may be needed to assure the availability of appropriate channels of communication to the board of supervisors, to persons affected by district operations, and to local, regional, state and interstate special-purpose districts and agencies responsible for community planning, zoning, or other resource development activities. The district shall keep such committees informed of its work, and such advisory committees shall submit recommendations from time to time to the board of supervisors. [2000 c 45 § 1; 1973 1st ex.s. c 184 § 22; 1955 c 304 § 22. Prior: 1949 c 106 § 2, part; 1939 c 187 § 7, part; Rem. Supp. 1949 § 10726-7, part.] 89.08.210 89.08.215 Treasurer—Powers and duties—Bond. The treasurer of the county in which a conservation district is located is ex officio treasurer of the district. However, the board of supervisors by resolution may designate some other 89.08.215 [Title 89 RCW—page 7] 89.08.220 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement person having experience in financial or fiscal matters as treasurer of the conservation district. The board of supervisors shall require a bond, with a surety company authorized to do business in the state of Washington, in an amount and under the terms and conditions which the board of supervisors by resolution from time to time finds will protect the district against loss. The premium on this bond shall be paid by the district. All district funds shall be paid to the treasurer and disbursed only on warrants issued by an auditor appointed by the board of supervisors, upon orders or vouchers approved by it. The treasurer shall establish a conservation district fund into which shall be paid all district funds. The treasurer shall maintain any special funds created by the board of supervisors for the placement of all money as the board of supervisors may, by resolution, direct. If the treasurer of the district is the treasurer of the county all district funds shall be deposited with the county depositaries under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is some other person, all funds shall be deposited in a bank or banks authorized to do business in this state as the board of supervisors, by resolution, designates. A district may provide and require a reasonable bond of any other person handling moneys or securities of the district, if the district pays the premium. [2000 c 45 § 2.] 89.08.220 Corporate status and powers of district. A conservation district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess. shall constitute a governmental subdivision of this state, and a public body corporate and politic exercising public powers, but shall not levy taxes or issue bonds and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of chapter 184, Laws of 1973 1st ex. sess.: (1) To conduct surveys, investigations, and research relating to the conservation of renewable natural resources and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement: PROVIDED, That in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies; (2) To conduct educational and demonstrational projects on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required in order to demonstrate by example the means, methods, measures, and works of improvement by which the conservation of renewable natural resources may be carried out; (3) To carry out preventative and control measures and works of improvement for the conservation of renewable natural resources, within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of lands, and the measures listed in RCW 89.08.010, on any lands within the district upon obtaining the consent of the occupier of such lands and 89.08.220 [Title 89 RCW—page 8] such necessary rights or interests in such lands as may be required; (4) To cooperate or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of preventive and control measures and works of improvement for the conservation of renewable natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of chapter 184, Laws of 1973 1st ex. sess. For purposes of this subsection only, land occupiers who are also district supervisors are not subject to the provisions of RCW 42.23.030; (5) To obtain options upon and to acquire in any manner, except by condemnation, by purchase, exchange, lease, gift, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of chapter 184, Laws of 1973 1st ex. sess.; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of chapter 184, Laws of 1973 1st ex. sess.; (6) To make available, on such terms, as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and such other equipment and material as will assist them to carry on operations upon their lands for the conservation of renewable natural resources; (7) To prepare and keep current a comprehensive longrange program recommending the conservation of all the renewable natural resources of the district. Such programs shall be directed toward the best use of renewable natural resources and in a manner that will best meet the needs of the district and the state, taking into consideration, where appropriate, such uses as farming, grazing, timber supply, forest, parks, outdoor recreation, potable water supplies for urban and rural areas, water for agriculture, minimal flow, and industrial uses, watershed stabilization, control of soil erosion, retardation of water run-off, flood prevention and control, reservoirs and other water storage, restriction of developments of floodplains, protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, preservation of wilderness areas and wild rivers, the prevention or reduction of sedimentation and other pollution in rivers and other waters, and such location of highways, schools, housing developments, industries, airports and other facilities and structures as will fit the needs of the state and be consistent with the best uses of the renewable natural resources of the state. The program shall include an inventory of all renewable natural resources in the district, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected timetables, descriptions of available alternatives, and provisions for coordination with other resource programs. The district shall also prepare an annual work plan, which shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range programs that are of the highest priorities. (2008 Ed.) Conservation Districts The districts shall hold public hearings at appropriate times in connection with the preparation of programs and plans, shall give careful consideration to the views expressed and problems revealed in hearings, and shall keep the public informed concerning their programs, plans, and activities. Occupiers of land shall be invited to submit proposals for consideration to such hearings. The districts may supplement such hearings with meetings, referenda and other suitable means to determine the wishes of interested parties and the general public in regard to current and proposed plans and programs of a district. They shall confer with public and private agencies, individually and in groups, to give and obtain information and understanding of the impact of district operations upon agriculture, forestry, water supply and quality, flood control, particular industries, commercial concerns and other public and private interests, both rural and urban. Each district shall submit to the commission its proposed long-range program and annual work plans for review and comment. The long-range renewable natural resource program, together with the supplemental annual work plans, developed by each district under the foregoing procedures shall have official status as the authorized program of the district, and it shall be published by the districts as its "renewable resources program". Copies shall be made available by the districts to the appropriate counties, municipalities, special purpose districts and state agencies, and shall be made available in convenient places for examination by public land occupier or private interest concerned. Summaries of the program and selected material therefrom shall be distributed as widely as feasible for public information; (8) To administer any project or program concerned with the conservation of renewable natural resources located within its boundaries undertaken by any federal, state, or other public agency by entering into a contract or other appropriate administrative arrangement with any agency administering such project or program; (9) Cooperate with other districts organized under chapter 184, Laws of 1973 1st ex. sess. in the exercise of any of its powers; (10) To accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state or any of its agencies, or from any other source, and to use or expend such moneys, services, materials, or any contributions in carrying out the purposes of chapter 184, Laws 1973 1st ex. sess.; (11) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to borrow money and to pledge, mortgage and assign the income of the district and its real or personal property therefor; and to make, amend rules and regulations not inconsistent with chapter 184, Laws of 1973 1st ex. sess. and to carry into effect its purposes; (12) Any two or more districts may engage in joint activities by agreement between or among them in planning, financing, constructing, operating, maintaining, and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, (2008 Ed.) 89.08.341 property, personnel, equipment, or services available to them under chapter 184, Laws of 1973 1st ex. sess.; Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in such other states permits the districts in such states to enter into such agreements. The commission shall have authority to propose, guide, and facilitate the establishment and carrying out of any such agreement; (13) Every district shall, through public hearings, annual meetings, publications, or other means, keep the general public, agencies and occupiers of land within the district, informed of the works and activities planned and administered by the district, of the purposes these will serve, of the income and expenditures of the district, of the funds borrowed by the district and the purposes for which such funds are expended, and of the results achieved annually by the district; and (14) The supervisors of conservation districts may designate an area, state, and national association of conservation districts as a coordinating agency in the execution of the duties imposed by this chapter, and to make gifts in the form of dues, quotas, or otherwise to such associations for costs of services rendered, and may support and attend such meetings as may be required to promote and perfect the organization and to effect its purposes. [1999 c 305 § 8; 1973 1st ex.s. c 184 § 23; 1963 c 110 § 1; 1961 c 240 § 13; 1955 c 304 § 23. Prior: (i) 1939 c 187 § 8; RRS § 10726-8. (ii) 1939 c 187 § 13; RRS § 10726-13.] 89.08.341 89.08.341 Intergovernmental cooperation—Authority. Any agency of the government of this state and any local political subdivision of this state is hereby authorized to make such arrangements with any district, through contract, regulation or other appropriate means, wherever it believes that such arrangements will promote administrative efficiency or economy. In connection with any such arrangements, any state or local agency or political subdivision of this state is authorized, within the limits of funds available to it, to contribute funds, equipment, property or services to any district; and to collaborate with a district in jointly planning, constructing, financing or operating any work or activity provided for in such arrangements and in the joint acquisition, maintenance and operation of equipment or facilities in connection therewith. State agencies, the districts, and other local agencies are authorized to make available to each other maps, reports and data in their possession that are useful in the preparation of their respective programs and plans for resource conservation. The districts shall keep the state and local agencies fully informed concerning the status and progress of the preparation of their resource conservation programs and plans. The state conservation commission and the counties of the state may provide respective conservation districts such administrative funds as will be necessary to carry out the purpose of chapter 184, Laws of 1973 1st ex. sess. [1973 1st ex.s. c 184 § 24.] [Title 89 RCW—page 9] 89.08.350 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement 89.08.350 89.08.350 Petition to dissolve district—Election. At any time after five years from the organization of a district, twenty percent of the voters in the district may file with the commission a petition, praying that the district be dissolved. The commission may hold public hearings thereon, and within sixty days from receipt of the petition, shall give due notice of an election on the question of dissolution. It shall provide appropriate ballots, conduct the election, canvass the returns, and declare the results in the same manner as for elections to create a district. All district electors may vote at the election. No informality relating to the election shall invalidate it if notice is substantially given and the election is fairly conducted. [1999 c 305 § 9; 1973 1st ex.s. c 184 § 25; 1955 c 304 § 25. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.] 89.08.360 89.08.360 Result of election—Dissolution. If a majority of the votes cast at the election are for dissolution, the district shall be dissolved. [1999 c 305 § 10; 1973 1st ex.s. c 184 § 26; 1955 c 304 § 26. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.] 89.08.370 89.08.370 Disposition of affairs upon dissolution. If the district is ordered dissolved, the supervisors shall forthwith terminate the affairs of the district and dispose of all district property at public auction, and pay the proceeds therefrom to pay any debts of the district and any remaining balance to the state treasurer. They shall then file a verified application with the secretary of state for the dissolution of the district, accompanied by a certificate of the commission reciting the determination that further operation of the district is impracticable. The application shall recite that the property of the district has been disposed of, that the proceeds therefrom have been used to pay any debts of the district and any remaining balance paid to the treasurer, and contain a full accounting of the property and proceeds. Thereupon the secretary shall issue to the supervisors a certificate of dissolution and file a copy thereof in his or her records. [1999 c 305 § 11; 1973 1st ex.s. c 184 § 27; 1955 c 304 § 27. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.] 89.08.390 89.08.390 Water rights preserved—1939 c 187. Insofar as any of the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling: PROVIDED, HOWEVER, That none of the provisions of this chapter shall be construed so as to impair water rights appurtenant to lands within or without the boundaries of any district or districts organized hereunder. [1939 c 187 § 17; RRS § 10726-17.] 89.08.391 89.08.391 Water rights preserved—1973 1st ex.s. c 184. Insofar as any of the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling: PROVIDED, HOWEVER, That none of the provisions of this chapter shall be construed so as to impair water rights appurtenant to lands within or without the boundaries of any district or districts organized hereunder. [1973 1st ex.s. c 184 § 30.] [Title 89 RCW—page 10] 89.08.400 Special assessments for natural resource conservation. (1) Special assessments are authorized to be imposed for conservation districts as provided in this section. Activities and programs to conserve natural resources, including soil and water, are declared to be of special benefit to lands and may be used as the basis upon which special assessments are imposed. (2) Special assessments to finance the activities of a conservation district may be imposed by the county legislative authority of the county in which the conservation district is located for a period or periods each not to exceed ten years in duration. The supervisors of a conservation district shall hold a public hearing on a proposed system of assessments prior to the first day of August in the year prior to which it is proposed that the initial special assessments be collected. At that public hearing, the supervisors shall gather information and shall alter the proposed system of assessments when appropriate, including the number of years during which it is proposed that the special assessments be imposed. On or before the first day of August in that year, the supervisors of a conservation district shall file the proposed system of assessments, indicating the years during which it is proposed that the special assessments shall be imposed, and a proposed budget for the succeeding year with the county legislative authority of the county within which the conservation district is located. The county legislative authority shall hold a public hearing on the proposed system of assessments. After the hearing, the county legislative authority may accept, or modify and accept, the proposed system of assessments, including the number of years during which the special assessments shall be imposed, if it finds that both the public interest will be served by the imposition of the special assessments and that the special assessments to be imposed on any land will not exceed the special benefit that the land receives or will receive from the activities of the conservation district. The findings of the county legislative authority shall be final and conclusive. Special assessments may be altered during this period on individual parcels in accordance with the system of assessments if land is divided or land uses or other factors change. Notice of the public hearings held by the supervisors and the county legislative authority shall be posted conspicuously in at least five places throughout the conservation district, and published once a week for two consecutive weeks in a newspaper in general circulation throughout the conservation district, with the date of the last publication at least five days prior to the public hearing. (3) A system of assessments shall classify lands in the conservation district into suitable classifications according to benefits conferred or to be conferred by the activities of the conservation district, determine an annual per acre rate of assessment for each classification of land, and indicate the total amount of special assessments proposed to be obtained from each classification of lands. Lands deemed not to receive benefit from the activities of the conservation district shall be placed into a separate classification and shall not be subject to the special assessments. An annual assessment rate shall be stated as either uniform annual per acre amount, or an annual flat rate per parcel plus a uniform annual rate per acre amount, for each classification of land. The maximum 89.08.400 (2008 Ed.) Conservation Districts annual per acre special assessment rate shall not exceed ten cents per acre. The maximum annual per parcel rate shall not exceed five dollars, except that for counties with a population of over one million five hundred thousand persons, the maximum annual per parcel rate shall not exceed ten dollars. Public land, including lands owned or held by the state, shall be subject to special assessments to the same extent as privately owned lands. The procedures provided in chapter 79.44 RCW shall be followed if lands owned or held by the state are subject to the special assessments of a conservation district. Forest lands used solely for the planting, growing, or harvesting of trees may be subject to special assessments if such lands benefit from the activities of the conservation district, but the per acre rate of special assessment on benefited forest lands shall not exceed one-tenth of the weighted average per acre assessment on all other lands within the conservation district that are subject to its special assessments. The calculation of the weighted average per acre special assessment shall be a ratio calculated as follows: (a) The numerator shall be the total amount of money estimated to be derived from the imposition of per acre special assessments on the nonforest lands in the conservation district; and (b) the denominator shall be the total number of nonforest land acres in the conservation district that receive benefit from the activities of the conservation district and which are subject to the special assessments of the conservation district. No more than ten thousand acres of such forest lands that is both owned by the same person or entity and is located in the same conservation district may be subject to the special assessments that are imposed for that conservation district in any year. Per parcel charges shall not be imposed on forest land parcels. However, in lieu of a per parcel charge, a charge of up to three dollars per forest landowner may be imposed on each owner of forest lands whose forest lands are subject to a per acre rate of assessment. (4) A conservation district shall prepare an assessment roll that implements the system of assessments approved by the county legislative authority. The special assessments from the assessment roll shall be spread by the county assessor as a separate item on the tax rolls and shall be collected and accounted for with property taxes by the county treasurer. The amount of a special assessment shall constitute a lien against the land that shall be subject to the same conditions as a tax lien, collected by the treasurer in the same manner as delinquent real property taxes, and subject to the same interest rate and penalty as for delinquent property taxes. The county treasurer shall deduct an amount from the collected special assessments, as established by the county legislative authority, to cover the costs incurred by the county assessor and county treasurer in spreading and collecting the special assessments, but not to exceed the actual costs of such work. All remaining funds collected under this section shall be transferred to the conservation district and used by the conservation district in accordance with this section. (5) The special assessments for a conservation district shall not be spread on the tax rolls and shall not be collected with property tax collections in the following year if, after the system of assessments has been approved by the county legislative authority but prior to the fifteenth day of December in that year, a petition has been filed with the county legislative (2008 Ed.) 89.08.460 authority objecting to the imposition of such special assessments, which petition has been signed by at least twenty percent of the owners of land that would be subject to the special assessments to be imposed for a conservation district. [2005 c 466 § 1; 1992 c 70 § 1; 1989 c 18 § 1.] 89.08.410 Grants to conservation districts—Rules— Report to the legislature. The state conservation commission may authorize grants to conservation districts from moneys appropriated to the commission for such purposes as provided in this section. Such grants shall be awarded annually on or before the last day of June of each year and shall be made only to those conservation districts that apply for the grants. The conservation commission may adopt rules pertaining to eligibility and distribution of these funds. The conservation commission shall submit a report on the distribution of these funds to the appropriate committees of the legislature by September 30, 2007. [2005 c 31 § 1; 1989 c 18 § 2.] 89.08.410 Effective date—2005 c 31: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2005]." [2005 c 31 § 2.] 89.08.440 Best management practices for fish and wildlife habitat, water quality, and water quantity property tax exemption—List—Forms—Certification of claims. (1) For the purpose of identifying property that may qualify for the exemption provided under RCW 84.36.255, each conservation district shall develop and maintain a list of best management practices that qualify for the exemption. (2) Each conservation district shall ensure that the appropriate forms approved by the department of revenue are made available to property owners who may qualify for the exemption under RCW 84.36.255 and shall certify claims for exemption as provided in RCW 84.36.255(3). [1997 c 295 § 3.] 89.08.440 Purpose—1997 c 295: See note following RCW 84.36.255. 89.08.450 Watershed restoration projects—Intent. The legislature declares that it is the goal of the state of Washington to preserve and restore the natural resources of the state and, in particular, fish and wildlife and their habitat. It is further the policy of the state insofar as possible to utilize the volunteer organizations who have demonstrated their commitment to these goals. To this end, it is the intent of the legislature to minimize the expense and delays caused by unnecessary bureaucratic process in securing permits for projects that preserve or restore native fish and wildlife habitat. [1995 c 378 § 1.] 89.08.450 89.08.460 Watershed restoration projects—Definitions. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout RCW 89.08.450 through 89.08.510. (1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district, that provides a general program and implementation measures or actions for the 89.08.460 [Title 89 RCW—page 11] 89.08.470 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed, and for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant, adverse environmental impact, a detailed statement under RCW 43.21C.031 must be prepared on the plan. (2) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (a) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; (b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. [1995 c 378 § 2.] 89.08.470 Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project. (1) By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (a) Approvals related to water quality standards under chapter 90.48 RCW; (b) hydraulic project approvals under chapter 77.55 RCW; and (c) section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW. (2) If a watershed restoration project is also a fish habitat enhancement project that meets the criteria of *RCW 77.55.290(1), the project sponsor shall instead follow the permit review and approval process established in *RCW 77.55.290 with regard to state and local government permitting requirements. The sponsor shall so notify state and local permitting authorities. [2003 c 39 § 47; 1998 c 249 § 13; 1995 c 378 § 3.] 89.08.470 *Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001. Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181. [Title 89 RCW—page 12] 89.08.480 Watershed restoration projects—Designated recipients of project applications—Notice to commission. Each agency of the state and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation. [1995 c 378 § 4.] 89.08.480 89.08.490 Watershed restoration projects—Acceptance of applications—Permit decisions. All agencies of the state and local governments shall accept the single application developed under RCW 89.08.470. Unless the procedures under RCW 89.08.500 are invoked, the application shall be processed without charge and permit decisions shall be issued within forty-five days of receipt of a complete application. [1995 c 378 § 5.] 89.08.490 89.08.500 Watershed restoration projects—Appointment of project facilitator by *permit assistance center— Coordinated process for permit decisions. The applicant or any state agency, tribe, or local government with permit processing responsibility may request that the *permit assistance center created by chapter 347, Laws of 1995 appoint a project facilitator to develop in consultation with the applicant and permit agencies a coordinated process for permit decisions on the application. The process may incorporate procedures for coordinating state permits under chapter 347, Laws of 1995. The *center shall adopt a target of completing permit decisions within forty-five days of receipt of a complete application. If **House Bill No. 1724 is not enacted by June 30, 1995, this section shall be null and void. [1995 c 378 § 6.] 89.08.500 Reviser’s note: *(1) The permit assistance center and its powers and duties were terminated effective June 30, 1999, pursuant to 1995 c 347 § 617. **(2) House Bill No. 1724 [1995 c 347] was enacted. 89.08.510 Watershed restoration projects—General permits—Cooperative permitting agreements. State agencies, tribes, and local governments responsible for permits or other approvals of watershed restoration projects as defined in RCW 89.08.460 may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects. Nothing in chapter 378, Laws of 1995 precludes local governments, state agencies, and tribes from working out other cooperative permitting agreements outside the procedures of chapter 378, Laws of 1995. [1995 c 378 § 7.] 89.08.510 89.08.520 Water quality and habitat protection grant programs—Development of outcome-focused performance measures. (1) In administering grant programs to improve water quality and protect habitat, the commission shall: (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications; (b) In its grant prioritization and selection process, consider: 89.08.520 (2008 Ed.) Conservation Districts (i) The statement of environmental benefits; (ii) Whether, except as conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and except as otherwise provided in RCW 89.08.590, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030; and (iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; and (c) Not provide funding, after January 1, 2010, for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310. (2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program. (b) The commission shall work with the districts to develop uniform performance measures across participating districts and, to the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in implementing this section. [2008 c 299 § 27; 2007 c 341 § 28; 2001 c 227 § 3.] Short title—2008 c 299: See note following RCW 35.105.010. Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Findings—Intent—2001 c 227: See note following RCW 43.41.270. 89.08.530 Agricultural conservation easements program. (1) The agricultural conservation easements program is created. The state conservation commission shall manage the program and adopt rules as necessary to implement the legislature’s intent. (2) The commission shall report to the legislature on an on-going basis regarding potential funding sources for the purchase of agricultural conservation easements under the program and recommend changes to existing funding authorized by the legislature. (3) All funding for the program shall be deposited into the agricultural conservation easements account created in RCW 89.08.540. Expenditures from the account shall be made to local governments and private nonprofits on a match or no match required basis at the discretion of the commission. Moneys in the account may be used to purchase easements in perpetuity or to purchase or lease easements for a fixed term. (4) Easements purchased with money from the agricultural conservation easements account run with the land. [2007 c 352 § 4; 2002 c 280 § 2.] 89.08.530 Intent—2002 c 280: "Among the rising costs that are increasingly driving Washington farmers out of business is the cost of land. Many of our oldest, well-established farms, often on the fringes of established communities, are under growing pressure to be sold for uses other than agriculture. In the face of these rising land costs, new farmers are finding it increasingly diffi(2008 Ed.) 89.08.550 cult to be able to afford to purchase farmland. At the same time, the conversion of these prime farmlands to development costs our communities open and green space, reduces our access to local quality food, diminishes our cultural and historic roots, often represents a fiscal loss for governments, and frequently results in environmental costs including reduced flood detention, loss of surface water filtration, diminished aquifer recharge, loss of habitat and connective wildlife migration corridors, and loss of opportunities to protect riparian lands. These concerns, among others, are leading the federal government and local jurisdictions around our state to provide funding for local programs to purchase agricultural conservation easements that help keep farmers in farming and farmland in agriculture. It is the intent of the legislature to create a Washington purchase of agricultural conservation easements program that will facilitate the use of federal funds, ease the burdens of local governments launching similar programs at the local level, and help local governments fight the conversion of agricultural lands they have not otherwise protected through their planning processes." [2002 c 280 § 1.] 89.08.540 Agricultural conservation easements account. (1) The agricultural conservation easements account is created in the custody of the state treasurer. All receipts from legislative appropriations, other sources as directed by the legislature, and gifts, grants, or endowments from public or private sources must be deposited into the account. Expenditures from the account may be used only for the purchase of easements in perpetuity or for the purchase or lease of easements for a fixed term under the agricultural conservation easements program. Only the state conservation commission, or the executive director of the commission on the commission’s behalf, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. (2) The commission is authorized to receive and expend gifts, grants, or endowments from public or private sources that are made available, in trust or otherwise, for the use and benefit of the agricultural conservation easements program. [2007 c 352 § 5; 2002 c 280 § 3.] 89.08.540 Intent—2002 c 280: See note following RCW 89.08.530. 89.08.550 Conservation assistance revolving account. (1) The conservation assistance revolving account is created in the custody of the state treasurer. Moneys from the account may only be spent after appropriation. Moneys placed in the account shall include principal and interest from the repayment of any loans granted under this section, and any other moneys appropriated to the account by the legislature. Expenditures from the account may be used only to make loans to landowners for projects enrolled in the conservation reserve enhancement program and the continuous conservation reserve program. (2) In order to aid the financing of conservation reserve enhancement program projects and continuous conservation reserve program projects, the conservation commission, through the conservation districts, may make interest-free loans to these enrollees from the conservation assistance revolving account. The conservation commission may require such terms and conditions as it deems necessary to carry out the purposes of this section. Loans to landowners shall be for costs associated with the installation of conservation improvements eligible for and secured by federal farm service agency practice incentive payment reimbursement. Loans under this program promote critical habitat protection and restoration by bridging the financing gap between project 89.08.550 [Title 89 RCW—page 13] 89.08.560 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement implementation and federal funding. The conservation commission shall give loan preferences to those projects expected to generate the greatest environmental benefits and that occur in basins with critical or depressed salmonid stocks. Money received from landowners in loan repayments made under this section shall be paid into the conservation assistance revolving account for uses consistent with this section. [2005 c 30 § 1; 2004 c 277 § 901.] other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners. [2007 c 341 § 29.] Severability—2004 c 277: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c 277 § 919.] Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Effective dates—2004 c 277: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2004], except for sections 117 and 202 of this act, which take effect April 16, 2004." [2004 c 277 § 920.] 89.08.560 Farm plans—Disclosure of information. (1) Conservation districts, before developing a farm plan, shall inform the landowner or operator in writing of the types of information that is [are] subject to disclosure to the public under chapter 42.56 RCW. Before completion of the final draft of a farm plan, the district shall send the final draft farm plan to the requesting landowner or operator for verification of the information. The final farm plan shall not be disclosed by the conservation district until the requesting owner or operator confirms the information in the farm plan and a signed copy of the farm plan is received by the conservation district. (2) For the purposes of this section and RCW 42.56.270, "farm plan" means a plan prepared by a conservation district in cooperation with a landowner or operator for the purpose of conserving, monitoring, or enhancing renewable natural resources. Farm plans include, but are not limited to, provisions pertaining to: (a) Developing and prioritizing conservation objectives; (b) Taking an inventory of soil, water, vegetation, livestock, and wildlife; (c) Implementing conservation measures, including technical assistance provided by the district; (d) Developing and implementing livestock nutrient management measures; (e) Developing and implementing plans pursuant to business and financial objectives; and (f) Recording, or records of, decisions. [2006 c 369 § 1.] 89.08.560 89.08.570 Crop purchase contracts for dedicated energy crops. In addition to any other authority provided by law, conservation districts are authorized to enter into crop purchase contracts for a dedicated energy crop for the purposes of producing, selling, and distributing biodiesel produced from Washington state feedstocks, cellulosic ethanol, and cellulosic ethanol blend fuels. [2007 c 348 § 207.] 89.08.570 Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. 89.08.580 Puget Sound partners. When administering water quality and habitat protection grants under this chapter, the commission shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to 89.08.580 [Title 89 RCW—page 14] 89.08.590 Administering funds—Preference to an evergreen community. When administering funds under this chapter, the commission shall give preference only to an evergreen community recognized under RCW 35.105.030 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community. [2008 c 299 § 32.] 89.08.590 Short title—2008 c 299: See note following RCW 35.105.010. 89.08.900 Severability—1939 c 187. If any provision of this chapter, or the application of any provision to any person or circumstances, is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. [1939 c 187 § 16; RRS § 10726-16.] 89.08.900 89.08.901 Severability—1973 1st ex.s. c 184. If any provision of this chapter, or the application of any provision to any person or circumstances, is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. [1973 1st ex.s. c 184 § 31.] 89.08.901 89.08.902 Severability—1989 c 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 18 § 3.] 89.08.902 Chapter 89.10 Chapter 89.10 RCW FARMLAND PRESERVATION Sections 89.10.005 89.10.010 89.10.020 89.10.900 Findings. Office of farmland preservation. Farmland preservation task force. Captions not law—2007 c 352. 89.10.005 Findings. The legislature finds that maintaining the capacity to provide adequate food and fiber resources is essential to the long-term sustainability of the state’s citizens and economy. The nation’s population has reached three hundred million and will continue to increase for the foreseeable future. Further, the world population is now over six billion and is projected to reach nine billion by the year 2050. In Washington state, the population is growing by over one million people every decade with much of this growth 89.10.005 (2008 Ed.) Farmland Preservation 89.10.020 occurring in western Washington. This growth is increasing the competition for land not only for housing, but also associated retail, commercial, industrial, and leisure industries. The legislature finds that many once-productive agricultural areas in western Washington have been overtaken and irreversibly converted to nonagricultural uses. Other agricultural areas in the state have diminished to the point that they are dangerously close to losing the land mass necessary to be economically viable. Further, only a limited number of areas in western Washington still retain a sufficient agricultural land base and the necessary agricultural infrastructure to continue to be economically viable both in the short term and the long term. The legislature recognizes that because this significant decline has largely occurred in less than a half century, it is imperative that mechanisms be established at the state level to focus attention, take the action needed to retain agricultural land, and ensure the opportunity for future generations to farm these lands. The legislature finds that history shows that previous advanced civilizations in the world were founded on highly productive agricultural lands and food production systems but when the land or its productivity was lost, the civilizations declined. In contrast, other civilizations have existed for millennia because they maintained their agricultural land base, its productivity, and economic conditions sufficient to maintain stewardship of their land. The legislature finds that there is a finite quantity of high quality agricultural land and that often this agricultural land is mistakenly viewed as an expendable resource. The legislature finds that the retention of agricultural land is desirable, not only to produce food, livestock, and other agricultural products, but also to maintain our state economy and preferable environmental conditions. For these reasons, and because it is essential that agricultural production be sufficient to meet the needs of our growing population, commitment to the retention of agricultural land should be reflected at the state policy level by the creation of an office of farmland preservation to support the retention of farmland and the viability of farming for future generations. [2007 c 352 § 1.] retention and economic viability of these lands into the future including, but not limited to, pressures to convert land to nonagricultural uses, loss of processing plants and markets, loss of profitability, productivity, and competitive advantage, urban sprawl, water availability and quality, restrictions on agricultural land use, and conversion to recreational or other uses; (d) Develop model programs and tools, including innovative economic incentives for landowners, to retain agricultural land for agricultural production, with the guidance from the farmland preservation task force created under RCW 89.10.020; (e) Provide technical assistance to localities as they develop and implement programs, mechanisms, and tools to encourage the retention of agricultural lands; (f) Develop a grant process and an eligibility certification process for localities to receive grants for local programs and tools to retain agricultural lands for agricultural production; (g) Provide analysis and recommendations as to the continued development and implementation of the farm transition program including, but not limited to, recommending: (i) Assistance in the preparation of business plans for the transition of business interests; (ii) Assistance in the facilitation of transfers of existing properties and agricultural operations to interested buyers; and (iii) Research assistance on agricultural, financial, marketing, and other related transition matters; (h) Begin the development of a farm transition program to assist in the transition of farmland and related businesses from one generation to the next, aligning the farm transition program closely with the farmland preservation effort to assure complementary functions; and (i) Serve as a clearinghouse for incentive programs that would consolidate and disseminate information relating to conservation programs that are accessible to landowners and assist owners of agricultural lands to secure financial assistance to implement conservation easements and other projects. [2007 c 352 § 2.] 89.10.010 Office of farmland preservation. (1) The office of farmland preservation is created and shall be located within the state conservation commission. (2) Staff support for the office shall be provided by the state conservation commission. (3) The office of farmland preservation may: (a) Provide advice and assist the state conservation commission in implementing the provisions of RCW 89.08.530 and 89.08.540, including the merits of leasing or purchasing easements for fixed terms in addition to purchasing easements in perpetuity; (b) Develop recommendations for the funding level and for the use of the agricultural conservation easements account established in RCW 89.08.540 with the guidance of the farmland preservation task force established under RCW 89.10.020; (c) With input from the task force created in RCW 89.10.020, provide an analysis of the major factors that have led to past declines in the amount and use of agricultural lands in Washington and of the factors that will likely affect 89.10.020 Farmland preservation task force. (Expires January 1, 2011.) (1) The farmland preservation task force is established with the following voting members: (a) Six farmer representatives, one from each of six regions delineated by the state conservation commission at least one of whom is a commercial livestock producer, of which at least two representatives shall be under the age of forty-five, appointed by the governor from persons nominated by recognized agricultural organizations; (b) A representative of the state conservation commission, appointed by the chair of the state conservation commission; (c) A representative of the department of agriculture, appointed by the director; (d) A representative of counties in eastern Washington, appointed by the Washington state association of counties; (e) A representative of counties in western Washington, appointed by the Washington state association of counties; (f) Two members of the senate, one from each major political caucus, appointed by the president of the senate; 89.10.010 (2008 Ed.) 89.10.020 [Title 89 RCW—page 15] 89.10.900 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement (g) Two members of the house of representatives, one from each major political caucus, appointed by the speaker of the house of representatives; (h) A representative of the office of the governor, appointed by the governor; and (i) A representative of conservation districts, appointed by the state association of conservation districts. (2) The following persons shall be requested to participate as nonvoting members of the farmland preservation task force: (a) A representative of the federal natural resources conservation service with knowledge of federal agricultural land retention programs and funding sources, appointed by the state conservationist; and (b) A person with technical expertise from the department of community, trade, and economic development, appointed by the agency’s director. (3) The task force shall meet at least twice a year. The task force shall be staffed by the state conservation commission. The chair of the task force shall be elected for a term of one year by the voting members of the task force. (4) Nonlegislative members of the task force are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 by the state conservation commission. Legislative members of the task force are entitled to be reimbursed for travel expenses in accordance with RCW 44.04.120. (5) This section expires January 1, 2011. [2007 c 352 § 3.] 89.10.900 Captions not law—2007 c 352. Captions used in this act are not any part of the law. [2007 c 352 § 8.] 89.10.900 Chapter 89.12 RCW RECLAMATION AND IRRIGATION DISTRICTS IN RECLAMATION AREAS Chapter 89.12 Sections 89.12.010 89.12.020 89.12.030 89.12.040 89.12.050 89.12.060 89.12.071 89.12.080 89.12.090 89.12.100 89.12.110 89.12.120 89.12.131 89.12.140 89.12.150 89.12.160 89.12.170 89.12.180 89.12.190 89.12.200 Preamble. Definitions. Applicability and purpose of chapter. Units and legal subdivisions authorized—Size—Plats— Excess land. Contracts with United States—Permissible provisions. Covenants running with the land—Contract provisions to govern. Fraudulent and unlawful conveyances—Preservation of rights acquired prior to repeal of RCW 89.12.070. Instruments may be filed—Filing imparts notice. State lands in district—State consent to assessment, conditions. State lands—Terms and conditions of sale. County lands—Contracts with United States. Acceptance of federal act—Assessment and taxation authorized. Adoption of Columbia Basin project act—Revocation of state’s consent. Subdivision and sale of state lands in reclamation project. Exchange of state and federal lands. Establishment of county road system. Columbia basin project—Authorization for agreements to allocate water—Conditions. Reports to legislature regarding activities under RCW 89.12.170. Columbia basin project—Findings—Source of surface water—Management of groundwater depletions. Columbia basin project—Intent—Allocation of conserved waters to deep well irrigated lands. [Title 89 RCW—page 16] 89.12.010 Preamble. It is the policy of the state of Washington in connection with lands within the scope of this chapter which may be irrigated through works of federal reclamation projects, to assist the United States in the reduction or prevention of speculation in such lands and in limiting the size of the holdings thereof entitled to receive water by means of the works of such projects, and otherwise to cooperate with the United States with respect thereto. [1957 c 165 § 1; 1943 c 275 § 1; Rem. Supp. 1943 § 7525-20.] 89.12.010 Severability—1943 c 275: "Each section and provision of this act shall be considered separable from every other section and provision of the act, and should any section or provision thereof be held unconstitutional, the unconstitutionality of such section or provision shall not affect or impair the validity of the remainder of the act, but in that event the unconstitutional section or provision shall be eliminated and the remainder of the act remain in full force and effect." [1943 c 275 § 16.] 89.12.020 Definitions. As used in this chapter, The term "secretary" shall mean the secretary of the interior of the United States, or his duly authorized representative. The term "appraised value" shall mean the value of lands within the scope of this chapter appraised or reappraised by the secretary without reference to or increment on account of the irrigation works built or to be built by the United States. The term "district" shall mean an irrigation or reclamation district governed by this chapter as provided in RCW 89.12.030. The term "federal reclamation laws" shall mean the act of congress of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplemental thereto including the act of congress entitled "An Act to amend the Act approved May 27, 1937 (Ch. 269, 50 Stat. 208), by providing substitute and additional authority for the prevention of speculation in lands of the Columbia Basin project, and substitute an additional authority related to the settlement and development of the project, and for other purposes, enacted and approved in the Seventy-Eighth Session." The term "lands" shall mean, unless otherwise indicated, lands within the boundaries of a district contracting or intending to contract with the United States under the terms of this chapter. The term "owner," "landowner," and "any one landowner" shall mean any person, corporation, joint stock association or family owning lands that are within the scope of this chapter. The term "family" shall mean a group consisting of either or both husband and wife, together with their children under eighteen years of age, or all of such children if both parents are dead, the term "their children" including the issue and lawfully adopted children of either or both husband and wife. Within the meaning of this chapter, lands shall be deemed to be held by a family if held as separate property of husband or wife, or if held as a part or all of their community property, or if they are the property of any or all of their children under eighteen years of age. [1943 c 275 § 3; Rem. Supp. 1943 § 7525-22.] 89.12.020 89.12.030 Applicability and purpose of chapter. The provisions of this chapter shall be applicable to any irrigation or reclamation district organized under the laws of this state contracting or intending to contract with the United States 89.12.030 (2008 Ed.) Reclamation and Irrigation Districts in Reclamation Areas under the federal reclamation laws with respect to a water supply for irrigation from the Columbia Basin project or from any project or division of a project hereafter undertaken in this state by the United States under those laws, and shall govern as to any lands which are now or may hereafter be included in any such district and as to the relationship between any such district and any such lands. The prospect of the construction of the irrigation features of the Columbia Basin project and of other works under the federal reclamation laws for the irrigation of lands in this state requires the granting of authority to irrigation and reclamation districts and to state and county officers to assist the United States, in accordance with the policy of this enactment, in meeting the problems of land speculation and in limiting the size of holdings of lands that may be benefited by such works, and otherwise to cooperate with the United States in connection with the irrigation of lands in this state. The provisions of this chapter, however, are supplemental to other provisions of the law of the state, not inconsistent herewith, which pertain to such districts. [1943 c 275 § 2; Rem. Supp. 1949 § 7525-21.] 89.12.040 Units and legal subdivisions authorized— Size—Plats—Excess land. In connection with a district contracting or intending to contract with the United States under this chapter, the secretary for the purpose of administering the federal reclamation laws and of providing for the delivery of water thereto, the method thereof, and the turnout therefor may segregate such lands, or any part thereof, into units and/or legal subdivisions, having in mind the character of soil, topography, method or methods of irrigation best suited therefor, location with respect to the irrigation system, type of irrigation system, and such other relevant factors as enter into the determination of the area and boundaries thereof and the method or methods of irrigating the same. Plats or revisions thereof showing the units and/or the legal subdivisions and the exclusive method or methods of irrigating such units and/or legal subdivisions or portions thereof when approved, may be filed by the United States for record with the auditor of the county in which the land is located. Lands in excess of the acreage in the amount specified by applicable federal law as not being excess lands held by any one landowner shall be deemed excess land. [1970 ex.s. c 71 § 1; 1963 c 3 § 1; 1957 c 165 § 2; 1943 c 275 § 4; Rem. Supp. 1943 § 7525-23.] 89.12.040 89.12.050 89.12.050 Contracts with United States—Permissible provisions. A district may enter into repayment and other contracts with the United States under the terms of the federal reclamation laws in matters relating to federal reclamation projects, and may with respect to lands within its boundaries include in the contract, among others, an agreement that: (1) The district will not deliver water by means of the project works provided by the United States to or for excess lands not eligible therefor under applicable federal law. (2) As a condition to receiving water by means of the project works, each excess landowner in the district, unless his excess lands are otherwise eligible to receive water under applicable federal law, shall be required to execute a recordable contract covering all of his excess lands within the district. (2008 Ed.) 89.12.080 (3) All excess lands within the district not eligible to receive water by means of the project works shall be subject to assessment in the same manner and to the same extent as lands eligible to receive water, subject to such provisions as the secretary may prescribe for postponement in payment of all or part of the assessment but not beyond a date five years from the time water would have become available for such lands had they been eligible therefor. (4) The secretary is authorized to amend any existing contract, deed, or other document to conform to the provisions of applicable federal law as it now exists. Any such amendment may be filed for record under RCW 89.12.080. [1963 c 3 § 2; 1957 c 165 § 3; 1951 c 200 § 1; 1943 c 275 § 5; Rem. Supp. 1943 § 7525-24.] 89.12.060 89.12.060 Covenants running with the land—Contract provisions to govern. Any or all of the provisions which may be required to be included in recordable contracts may be made covenants running with any tract of land covered by the contract by expressly so providing therein. Recordable contracts expressly providing that any or all of such provisions shall be covenants running with the land covered thereby shall not be destroyed or extinguished by any tax or assessment foreclosure or deed issued pursuant thereto. Such of the limitations and provisions of RCW 89.12.050 as are included in the repayment contract between the district and the United States, shall govern all the lands within the district unless otherwise provided in such contract and shall govern notwithstanding any other provisions of the laws of this state. [1963 c 3 § 3; 1953 c 148 § 1; 1943 c 275 § 6; Rem. Supp. 1943 § 7525-25.] 89.12.071 89.12.071 Fraudulent and unlawful conveyances— Preservation of rights acquired prior to repeal of RCW 89.12.070. The rights of any vendee or grantee as defined in section 7(b), chapter 275, Laws of 1943 as amended by section 2(b), chapter 200, Laws of 1951 and in RCW 89.12.070(2) are hereby preserved as to any transactions that were consummated by contract or deed prior to the repeal of said sections by this chapter. [1963 c 3 § 6.] 89.12.080 89.12.080 Instruments may be filed—Filing imparts notice. There may be filed for record in the office of the county auditor in the county in which the land lies any of the following: (1) Copies of any plat of established farm units approved by the secretary as provided in RCW 89.12.040, when authenticated in the manner authorized by law; (2) copies of any instrument, action, determination, rule or regulation of the secretary made in connection with the provisions of RCW 89.12.050 or otherwise under the federal reclamation laws and which is or may be determinative of title to lands or interest in lands, when authenticated in the manner authorized by law; and (3) any contract or instrument required to be executed by an owner, land purchaser or other person in connection with provisions incorporated in repayment contracts between a district and the United States as authorized by RCW 89.12.050. Such filing shall impart legal notice to the public of the matters and things set out therein. [1943 c 275 § 8; Rem. Supp. 1943 § 7525-27.] [Title 89 RCW—page 17] 89.12.090 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement 89.12.090 State lands in district—State consent to assessment, conditions. Whenever a district to which this chapter applies is organized or in process of organization, the state of Washington, by and through its proper officials, is authorized and directed to have any state lands within the exterior boundaries of such district included as a part of the lands of such district. The state hereby consents to the assessment by the district of such state lands so included in any such irrigation district, and to the enforcement of the payment of such assessments in like manner and to the same extent as applicable to private lands in such districts, except that the payment of such assessment against such state lands shall not be enforced by transfer of title, by tax sale, tax foreclosure or otherwise, until the state has sold or transferred such lands to a private party. [1943 c 275 § 9; Rem. Supp. 1943 § 752528.] 89.12.090 89.12.100 State lands—Terms and conditions of sale. If state lands within a district have been segregated into farm units and the appraised value thereof established, the state shall recognize and accept the appraisal as determining the market value of such lands, and shall offer the state lands for sale for cash on the following terms and conditions: (1) Sales shall be made only at the appraised value; (2) only the number of farm units or acreage specified by applicable federal law as not being excess lands shall be sold to any person or family; (3) applicants for the purchase of a farm unit shall be selected, as nearly as practicable, in accordance with the provisions of subsection (C) of section 4 of the act of congress of December 5, 1924 (43 Stat. 702); and (4) each applicant shall be required to execute a recordable contract within six months from the date the state’s conveyance or contract to convey is made, whichever is the earlier, if such a contract is required as a condition to the delivery of water under the terms of the district’s repayment contract with the United States; except as the carrying out of any such terms or conditions as to particular state lands may be precluded by provisions of the state Constitution. The state shall cooperate with the secretary in carrying out the purposes of this chapter and in connection therewith, may execute recordable contracts covering any state lands and such other agreements as are necessary in connection with the administration of this chapter. [1957 c 165 § 4; 1951 c 200 § 3; 1943 c 275 § 10; Rem. Supp. 1943 § 7525-29.] to pay: PROVIDED FURTHER, That nothing herein contained shall be construed to deprive the district of the right to assess such lands, if otherwise assessable and to enforce the collection of the same in the manner provided by law. [1943 c 275 § 11; Rem. Supp. 1943 § 7525-30.] 89.12.120 Acceptance of federal act—Assessment and taxation authorized. The provisions and limitations of subsection 5(b) and 5(c) of the act of congress, as above entitled in RCW 89.12.020, concerning assessment and taxation of lands within the Columbia Basin project while legal title remains vested in the United States are hereby accepted; and assessment and taxation by the state, political subdivisions thereof, and districts are hereby authorized to be made in accordance with such provisions and limitations. [1943 c 275 § 14; Rem. Supp. 1943 § 7525-33.] 89.12.120 89.12.100 89.12.110 County lands—Contracts with United States. In the case of any county owned land within any district has been segregated into farm units as provided in RCW 89.12.040 and the appraised value thereof established, the board of county commissioners of the county shall have authority at its option of entering into a contract with the United States to bring any of such county lands as the county board shall determine under the provisions of the recordable contracts provided for in RCW 89.12.040, whenever such contracts are required as a condition to the delivery of water under the terms of the contract between the district and the United States, upon such terms as shall be agreed upon between the county and the United States: PROVIDED, That such contract shall not obligate the county to pay any district assessments levied against such lands except such, if any, as the board of county commissioners of said county shall elect 89.12.110 [Title 89 RCW—page 18] 89.12.131 Adoption of Columbia Basin project act— Revocation of state’s consent. Section 15, chapter 275, Laws of 1943 as amended by section 4, chapter 200, Laws of 1951 and RCW 89.12.130 are each repealed and any adoption, enactment, or consent of this state to the provisions of the federal act, as amended, cited therein are hereby revoked. [1963 c 3 § 5.] 89.12.131 89.12.140 Subdivision and sale of state lands in reclamation project. The commissioner of public lands of the state of Washington is authorized to cooperate with the secretary of the interior of the United States with a view to facilitate the execution of plans approved by the secretary of the interior for subdivision and disposal of lands under federal reclamation projects constructed or to be constructed under the provisions of the act of congress of June 17, 1902, (32 Stat., 388) and acts amendatory thereof or supplementary thereto in farm units bounded by lines considered more economical and convenient for irrigation and reclamation than the lines of legal subdivisions and for such purpose is authorized to cause to be prepared and filed a plat or plats of any state lands in any such federal reclamation project showing said state lands subdivided into blocks, lots or farm units, with boundary lines other than those of legal subdivisions, and located with a view to greater convenience, economy or efficiency in irrigation and reclamation, and such subdivision into lots, blocks or farm units may be made in harmony with any general plan approved by the secretary of the interior for subdivision of the lands of any such federal reclamation project or any part or division of any such project into blocks, lots or farm units with boundary lines other than the boundary lines of legal subdivisions and designed for more convenient, economical or efficient reclamation and irrigation. And the commissioner of public lands is authorized to offer for sale and to sell such state lands, in the lots, blocks or farm units designated on such plat or plats instead of offering and selling the same in the legal subdivisions of the U.S. public land surveys. [1927 c 246 § 1; RRS § 7402-280.] 89.12.140 Severability—1927 c 246: "Sections 1 and 2 of this act are each declared to be separable from the remainder of the act, and, should either of said sections be held unconstitutional or void, the remainder of the act shall nevertheless remain effective and in such event such unconstitutional section shall be eliminated without affecting the remainder of the act." [1927 c 246 § 3.] (2008 Ed.) Reclamation and Irrigation Districts in Reclamation Areas 89.12.150 Exchange of state and federal lands. From and after the date that the consent of the United States shall be given thereto by act of congress, the department of natural resources is authorized, upon request from the secretary of the interior, to cause an appraisal to be made by the board of natural resources of state lands in any division of any federal reclamation project which the secretary of the interior shall advise the department that he desires to have subdivided into farm units of class referred to in RCW 89.12.140, and also to cause to be appraised by the board of natural resources such public lands of the United States on the same project, or elsewhere in the state of Washington, as the secretary of the interior may propose to exchange for such state land, and when the secretary of the interior shall have secured from congress authority to make such exchange the department is authorized to exchange such state lands in any federal reclamation project for public lands of the United States on the same project or elsewhere in the state of Washington of approximately equal appraised valuation, and in making such exchange is authorized to execute suitable instruments in writing conveying or relinquishing to the United States such state lands and accepting in lieu thereof such public land of approximately equal appraised valuation. [1988 c 128 § 75; 1927 c 246 § 2; RRS § 7402-281.] 89.12.150 89.12.160 Establishment of county road system. See RCW 36.81.140. 89.12.200 from the distribution system. Groundwater levels have also risen as a result of reservoirs formed behind the dams on the Columbia and Snake rivers. As a result of drainage management, the system is reported to be at equilibrium. The studies provide the information needed to determine which groundwater is a result of the project and which is naturally occurring. Potential problems associated with the raised groundwater levels include landslides and loss of arable land through ponding. Benefits include dilution of concentrations of nitrate and increase in volume of water potentially available for beneficial use over the naturally occurring volume otherwise available." [2002 c 330 § 1.] Intent—2002 c 330: "It is the intent of the legislature to grant authority to the department of ecology to enter into agreements with the United States for allocation of groundwaters that exist as a result of the Columbia basin project, adopt rules for implementing the agreements and establishing priorities for processing applications, and accept funds for expenses incurred, consistent with applicable state and federal law. Inasmuch as rules adopted by the department will be significant legislative rules, the legislature intends to assure that it will be able to properly carry out its responsibility to both give direction and review the rules after their adoption by requiring periodic reports by the department." [2002 c 330 § 2.] 89.12.180 Reports to legislature regarding activities under RCW 89.12.170. The department of ecology shall report annually to the standing committees of the legislature with jurisdiction over water resources regarding the activities authorized by RCW 89.12.170, beginning December 1, 2002, and ending December 1, 2007. [2002 c 330 § 4.] 89.12.180 Finding—Intent—2002 c 330: See notes following RCW 89.12.170. 89.12.160 89.12.170 Columbia basin project—Authorization for agreements to allocate water—Conditions. The department of ecology is authorized to enter into agreements with the United States for the allocation of groundwaters that exist as a result of the Columbia basin project. The agreements and any allocation of water pursuant to the agreements must be consistent with authorized project purposes, federal and state reclamation laws, including federal rate requirements, and provisions of United States’ repayment contracts pertaining to the project. The agreements must provide that the department grant an application to beneficially use such water only if the department determines that the application will not impair existing water rights or project operations or harm the public interest. Use of water allocated pursuant to the terms of the agreements must be contingent upon issuance of licenses by the United States to approved applicants. This section is not intended to alter or affect any ownership interest or rights in groundwaters that are not allocated pursuant to the agreements. Before implementing any such agreements, the department, with the concurrence of the United States, shall adopt a rule setting forth the procedures for implementing the agreements and the priorities for processing of applications. The department is authorized to accept funds for administrative and staff expenses that it incurs in connection with entering into or implementing the agreements. [2002 c 330 § 3.] 89.12.170 Finding—2002 c 330: "The legislature finds that delivery of Columbia basin project water through canals and its application to land through irrigation over approximately the past fifty years has dramatically affected groundwater in the Pasco basin, located in western Franklin county, along the Columbia river and north of the city of Pasco. According to studies conducted by the United States geological survey, the volume of groundwater has increased by about five million acre-feet. About eighty-five percent of this increase is the result of percolation following irrigation and seepage (2008 Ed.) 89.12.190 Columbia basin project—Findings— Source of surface water—Management of groundwater depletions. (1) The legislature finds that conserved water from the developed portions of the federal Columbia basin project can provide an immediate source of surface water to offset a limited portion of groundwater depletions within the undeveloped portions of the federal project extending the availability of groundwater for domestic, municipal, industrial, and agricultural uses. The department of ecology has adopted rules establishing groundwater management subareas within the federal Columbia basin project. A primary purpose of some of the rules was to manage groundwater depletions that are occurring as a result of the department’s decision to allow continued deep well agricultural irrigation in anticipation that development of the federal Columbia basin project would continue at its historic pace and that project water would replace groundwater and recharge the depleted aquifer. (2) The legislature also finds that recent studies have documented water conservation in areas served by project irrigation districts as a result of distribution system lining and piping and use of more efficient conveyance system technology. [2004 c 195 § 1.] 89.12.190 89.12.200 Columbia basin project—Intent—Allocation of conserved waters to deep well irrigated lands. It is the intent of the legislature that the department of ecology enter into agreements with the United States and Columbia basin project irrigation districts regarding the allocation of water conserved from within areas currently served by project waters to deep well irrigated lands within the federal Columbia basin project and for other authorized project beneficial uses. The department may provide the irrigation districts data identifying areas with the most serious groundwater depletions. The irrigation districts shall consider and may 89.12.200 [Title 89 RCW—page 19] Chapter 89.16 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement rely on the department’s data and recommendations in making allocation decisions to offset groundwater withdrawals consistent with the operational constraints of the distribution system. [2004 c 195 § 2.] Chapter 89.16 Chapter 89.16 RCW RECLAMATION BY STATE Sections 89.16.005 89.16.010 89.16.020 89.16.040 89.16.045 89.16.050 89.16.055 89.16.060 89.16.070 89.16.080 89.16.130 89.16.131 Short title. Declaration of purpose. Reclamation account created—Composition. Payments from account—Reclamation districts specified— Rehabilitation of existing projects. Loans from account—Contracts—Repayment. Powers and duties of director of ecology. Additional powers and duties enumerated—Payment for from reclamation account. Contracts with United States. Contracts with districts. State lands may be included—Procedure. Severability—1919 c 158. Severability—1972 ex.s. c 51. Reviser’s note: Throughout this chapter several references are made to the "reclamation fund" and "reclamation revolving fund"; such fund was abolished and the moneys therein transferred to the "reclamation revolving account" in the general fund. See 1955 c 370 § 1; RCW 43.79.330. As to the references to officers and agencies, see note following title digest. 89.16.005 Short title. This chapter shall be known and cited as the "State Reclamation Act". [1919 c 158 § 1; RRS § 3004.] 89.16.005 89.16.010 Declaration of purpose. The object of this chapter is to provide for the reclamation and development of such lands in the state of Washington as shall be determined to be suitable and economically available for reclamation and development as agricultural lands, and the state of Washington in the exercise of its sovereign and police powers declares the reclamation of such lands to be a state purpose and necessary to the public health, safety and welfare of its people. [1972 ex.s. c 51 § 1; 1919 c 158 § 2; RRS § 3005.] 89.16.010 89.16.020 Reclamation account created—Composition. For the purpose of carrying out the provisions of this chapter the state reclamation revolving account, heretofore established and hereinafter called the reclamation account, shall consist of all sums appropriated thereto by the legislature; all gifts made to the state therefor and the proceeds of the sale thereof; the proceeds of the sale or redemption of and the interest earned by securities acquired with the moneys thereof; and all reimbursements for moneys advanced for the payment of assessments upon public lands of the state for the improvement thereof. [1973 1st ex.s. c 40 § 1; 1972 ex.s. c 51 § 2; 1959 c 104 § 2. Prior: 1919 c 158 § 4, part; RRS § 3007, part.] be financed in whole or in part by the director, and such amounts as may be authorized by him for the reclamation of lands in diking, diking improvement, drainage, drainage improvement, diking and drainage, diking and drainage improvement, irrigation and irrigation improvement districts, and such other districts as are authorized by law for the reclamation or development of waste or undeveloped lands or the rehabilitation of existing reclamation projects, and all such districts and improvement districts shall, for the purposes of this chapter be known as reclamation districts. [1981 c 216 § 2; 1972 ex.s. c 51 § 3; 1959 c 104 § 4. Prior: 1919 c 158 § 4, part; RRS § 3007, part.] 89.16.045 Loans from account—Contracts—Repayment. Notwithstanding any other provisions of this chapter, the director of ecology may, by written contract with a reclamation district, loan moneys from the reclamation account to said district for use in financing a project of construction, reconstruction or improvement of district facilities, or a project of additions to such facilities. No such contract shall exceed fifty thousand dollars per project or a term of ten years, or provide for an interest rate of more than eight percent per annum. The director shall not execute any contract as provided in this section until he determines that the project for which the moneys are furnished is within the scope of the district’s powers to undertake, that the project is feasible, that its construction is in the best interest of the state and the district, and that the district proposing the project is in a sound financial condition and capable of repaying the loan with interest in not more than ten annual payments. Any district is empowered to enter into a contract, as provided for in this section, and to levy assessments based on the special benefits accruing to lands within the district as are necessary to satisfy the contract, when a resolution of the governing body of the reclamation district authorizing its execution is approved by the body: PROVIDED, That no district shall be empowered to execute with the director any such contract during the term of any previously executed contract authorized by this section. [1972 ex.s. c 51 § 4; 1967 c 181 § 1.] 89.16.045 89.16.020 89.16.040 Payments from account—Reclamation districts specified—Rehabilitation of existing projects. From the moneys appropriated from the reclamation account there shall be paid, upon vouchers approved by the director of ecology, the administrative expenses of the director under this chapter and such amounts as are found necessary for the investigation and survey of reclamation projects proposed to 89.16.040 [Title 89 RCW—page 20] 89.16.050 Powers and duties of director of ecology. In carrying out the purposes of this chapter, the director of the department of ecology of the state of Washington shall be authorized and empowered: To make surveys and investigations of the wholly or partially unreclaimed and undeveloped lands in this state and to determine the relative agricultural values, productiveness and uses, and the feasibility and cost of reclamation and development thereof; To formulate and adopt a sound policy for the reclamation and development of the agricultural resources of the state, and from time to time select for reclamation and development such lands as may be deemed advisable, and the director may in his discretion advise as to the formation and assist in the organization of reclamation districts under the laws of this state; To purchase the bonds of any reclamation district whose project is approved by the director and which is found to be upon a sound financial basis, to contract with any such district for making surveys and furnishing engineering plans and 89.16.050 (2008 Ed.) Reclamation by State supervision for the construction of its project, or for constructing or completing its project and to advance money to the credit of the district for any or all of such purposes, and to accept the bonds, notes or warrants of such district in payment therefor, and to expend the moneys appropriated from the reclamation account in the purchase of such bonds, notes or warrants or in carrying out such contracts: PROVIDED, That interest not to exceed the annual rate provided for in the bonds, notes or warrants agreed to be purchased, shall be charged and received for all moneys advanced to the district prior to the delivery of the bonds, notes or warrants and the amount of such interest shall be included in the purchase price of such bonds, notes or warrants: PROVIDED FURTHER, That no district, the bonds, notes or warrants of which have been purchased by the state under the provisions of the state reclamation act, shall thereafter during the life of said bonds, notes or warrants make expenditures of any kind from the bond or warrant funds of the district or incur obligations chargeable against such funds or issue any additional notes without previous written approval of the director of ecology of the state of Washington, and any obligations incurred without such approval shall be void; To sell and dispose of any reclamation district bonds acquired by the director, at public or private sale, and to pay the proceeds of such sale into the reclamation account: PROVIDED, That such bonds shall not be sold for less than the purchase price plus accrued interest, except in case of a sale to an agency supplied with money by the United States of America, or to the United States of America in furtherance of refunding operations of any irrigation district, diking or drainage district, or diking or drainage improvement district, now pending or hereafter carried on by such district, in which case the director shall have authority to sell any bonds of such district owned by the state of Washington under the provisions of the state reclamation act, to the United States of America, or other federal agency on such terms as said United States of America, or other federal agency shall prescribe for bonds of the same issue of such district as that held by the state of Washington in connection with such refunding operations; To borrow money upon the security of any bonds, including refunding bonds, of any reclamation district, acquired by the director, on such terms and rate of interest and over such period of time as the director may see fit, and to hypothecate and pledge reclamation district bonds or refunding bonds acquired by the director as security for such loan. Such loans shall have, as their sole security, the bonds so pledged and the revenues therefrom, and the director shall not have authority to pledge the general credit of the state of Washington: PROVIDED, That in reloaning any money so borrowed, or obtained from a sale of bonds it shall be the duty of the director to fix such rates of interest as will prevent impairment of the reclamation revolving account; To purchase delinquent general tax or delinquent special assessment certificates chargeable against lands included within any reclamation district obligated to the state under the provisions of the state reclamation act, and to purchase lands included in such districts and placed on sale on account of delinquent taxes or delinquent assessments with the same rights, privileges and powers with respect thereto as a private holder and owner of said certificates, or as a private pur(2008 Ed.) 89.16.055 chaser of said lands: PROVIDED, That the director shall be entitled to a delinquent tax certificate upon application to the proper county treasurer therefor without the necessity of a resolution of the county legislative authority authorizing the issuance of certificates of delinquency required by law in the case of the sale of such certificates to private purchasers; To sell said delinquent certificates or the lands acquired at sale on account of delinquent taxes or delinquent assessments at public or private sale, and on such conditions as the director shall determine; To, whenever the director shall deem it advisable, require any district with which he may contract, to provide such safeguards as he may deem necessary to assure bona fide settlement and development of the lands within such district, by securing from the owners of lands therein agreements to limit the amount of their holdings to such acreage as they can properly farm and to sell their excess land holdings at reasonable prices; To employ all necessary experts, assistants and employees and fix their compensation and to enter into any and all contracts and agreements necessary to carry out the purposes of this chapter; To have the assistance, cooperation and services of, and the use of the records and files in, all the departments and institutions of the state, particularly the office of the commissioner of public lands, the state department of agriculture, Washington State University, and the University of Washington; and all state officers and the governing authorities of all state institutions are hereby authorized and directed to cooperate with the director in furthering the purpose of this chapter; To cooperate with the United States in any plan of land reclamation, land settlement or agricultural development which the congress of the United States may provide and which may effect the development of agricultural resources within the state of Washington, and the director shall have full power to carry out the provisions of any cooperative land settlement act that may be enacted by the United States. [1983 c 167 § 248; 1977 c 75 § 93; 1972 ex.s. c 51 § 5; 1943 c 279 § 1; 1935 c 7 § 1; 1933 ex.s. c 13 § 1; 1923 c 132 § 1; 1919 c 158 § 5; RRS § 3008.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.16.055 Additional powers and duties enumerated—Payment for from reclamation account. In addition to the powers provided in RCW 89.16.050, the department of ecology is authorized and empowered to: (1) Conduct surveys, studies, investigations, and water right examinations for proposed reclamation projects or the rehabilitation of existing reclamation projects that may be funded fully or partially from the receipts of the sale of bonds issued by the state of Washington. (2) Support the preparation for and administration of proceedings, provided in RCW 90.03.110 or 90.44.220, or both, pertaining to river systems or other water bodies that are associated with existing or proposed reclamation projects. (3) Conduct a regulatory program for well construction as provided in chapter 18.104 RCW. Funds of the account established by RCW 89.16.020 may, as appropriated by the legislature, be used in relation to 89.16.055 [Title 89 RCW—page 21] 89.16.060 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement the powers provided in this section, notwithstanding any other provisions of chapter 89.16 RCW that may be to the contrary. [1993 c 387 § 27; 1981 c 216 § 1.] Effective date—1993 c 387: See RCW 18.104.930. 89.16.060 Contracts with United States. The department of ecology shall have the power to cooperate and to contract with the United States for the reclamation of lands in this state by the United States, and shall have the power to contract with the United States for the handling of such reclamation work by the United States and for the repayment of such moneys as the department of ecology shall invest from the reclamation account, under such terms and conditions as the United States laws and the regulations of the interior department shall provide for the repayment of reclamation costs by the lands reclaimed. [1972 ex.s. c 51 § 6; 1919 c 158 § 6; RRS § 3009.] or the application of the provision to other persons or circumstances is not affected. [1972 ex.s. c 51 § 8.] Chapter 89.30 89.16.060 89.16.070 Contracts with districts. A diking, drainage, diking and drainage, and irrigation district, and improvement districts thereof through the parent district, or such other district as is authorized and organized for the reclamation or development of waste or undeveloped lands, may enter into contracts with the director for the reclamation of the lands of the district in the manner provided herein, or in such manner as such districts may contract with the United States or with individuals or corporations, for making surveys and furnishing engineering plans and supervision for the construction of all works and improvements necessary for the reclamation of its lands, and for the sale or delivery of its bonds, and may issue bonds of the district for such purposes. [1959 c 104 § 5; 1923 c 132 § 2; 1919 c 158 § 7; RRS § 3010.] 89.16.070 89.16.080 State lands may be included—Procedure. Whenever in the judgment of the department of natural resources any state, school, granted, or other public lands of the state will be specially benefited by any proposed reclamation project approved by the department of ecology, it may consent that such lands be included in any reclamation district organized for the purpose of carrying out such reclamation project, and in that event the department of natural resources shall be authorized to pay, out of current appropriations, the district assessments levied as provided by law against such lands, and any such assessments paid shall be made a charge against the lands upon which they were levied, and the amount thereof, but without interest, shall be included in the appraised value of such lands when sold or leased. [1972 ex.s. c 51 § 7; 1919 c 158 § 8; RRS § 3011.] 89.16.080 89.16.130 Severability—1919 c 158. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. [1919 c 158 § 14; RRS § 3017.] 89.16.130 89.16.131 Severability—1972 ex.s. c 51. If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, 89.16.131 [Title 89 RCW—page 22] Chapter 89.30 RCW RECLAMATION DISTRICTS OF ONE MILLION ACRES Sections 89.30.001 89.30.004 89.30.007 89.30.010 89.30.013 89.30.016 89.30.019 89.30.022 89.30.025 89.30.028 89.30.031 89.30.034 89.30.037 89.30.040 89.30.043 89.30.046 89.30.049 89.30.052 89.30.055 89.30.058 89.30.061 89.30.064 89.30.067 89.30.070 89.30.073 89.30.076 89.30.079 89.30.082 89.30.085 89.30.088 89.30.091 89.30.094 89.30.097 89.30.100 89.30.103 89.30.106 89.30.109 89.30.112 89.30.115 89.30.118 89.30.121 89.30.124 89.30.127 89.30.130 89.30.133 89.30.136 89.30.139 89.30.142 89.30.145 89.30.148 89.30.151 89.30.154 89.30.157 89.30.160 89.30.163 89.30.166 89.30.169 89.30.172 89.30.175 District authorized—Area not less than one million acres—No fees. Lands in one or more counties. General purposes of district. Petition—Filing. Petition—Contents. Public lands of state may be included. Interest in public lands treated as private property—Public title unaffected, liens barred. Federal lands may be included. Possessory interest in federal lands—Water rent, credit for prior payment. Petitioners to describe their lands—Petitioners deemed owners thereof. Proof of ownership by tax roll. Petition on separate sheets—Withdrawals. Correction of deficient petition. Conflicting petitions—Largest territory considered first. Order for hearing—Notice. Publication of notice. Contents of notice. Copy of notice to each member of commission. Commission—Creation—Composition. Commission—Chairman—Clerk—Quorum. Commission—Clerk not to vote unless tie. Commission—General powers. Commission—Adjournments. Commission—Expenses. Hearing on petition—Place. Hearing on petition—Proof of notice. Hearing on petition—Consideration of petition—Evidence. Hearing on petition—Boundaries to be fixed. Hearing on petition—Name—Election to be ordered. Order for election to county auditors. Records of commission to be preserved. Election—How conducted—Qualifications of electors. Election—Notice, contents—Ballots. Election—Canvass of returns. Order organizing district. Order organizing district—Copy to be filed with county commissioners of other counties. Certified statement to be filed for record. When creation complete—Proceedings conclusive, exception. District liable for formation costs. Change of name procedure—Effect. District is political subdivision. Judgments against district—When chargeable against improvement and divisional districts. District a corporate body—Powers. Powers—In general. Powers—Improvement and divisional districts, purposes. Powers—Development, sale, use, etc., of water or electric energy. Powers—Bonds payable from income. Powers—Sale or lease of water—Drains—Land settlement. Powers—Fiscal agent for United States. Surety bond from contractor. Payments under contracts—Retained percentage. Contracts—Public bidding—Notice. Contracts with United States or any state for construction, etc. Contracts with United States or state of Washington— Assumption of control or management. Contracts with United States or state of Washington—Bonds as payment or security—Levy for interest or payment. Contracts with United States or state of Washington—Submission of contracts to electors. Contracts with United States or state of Washington—Election procedure. Contracts with United States or state of Washington—Liability of district for improvement and divisional district obligations. Drainage system—Authorization—Notice—Hearing. (2008 Ed.) Reclamation Districts of One Million Acres 89.30.178 89.30.181 89.30.184 89.30.187 89.30.190 89.30.193 89.30.196 89.30.199 89.30.202 89.30.205 89.30.208 89.30.211 89.30.214 89.30.217 89.30.220 89.30.223 89.30.226 89.30.229 89.30.232 89.30.235 89.30.238 89.30.241 89.30.244 89.30.247 89.30.250 89.30.253 89.30.256 89.30.259 89.30.262 89.30.265 89.30.268 89.30.271 89.30.274 89.30.277 89.30.280 89.30.283 89.30.286 89.30.289 89.30.292 89.30.295 89.30.298 89.30.301 89.30.304 89.30.307 89.30.310 89.30.313 89.30.316 89.30.319 89.30.322 89.30.325 89.30.328 89.30.331 89.30.334 89.30.337 89.30.340 89.30.343 89.30.346 89.30.349 89.30.352 89.30.355 89.30.358 89.30.361 89.30.364 89.30.367 89.30.370 89.30.373 89.30.376 89.30.379 89.30.382 89.30.385 89.30.388 89.30.391 89.30.394 89.30.397 (2008 Ed.) Drainage system—Powers. Drainage system—Benefit to public road or city sewer system—Assessment. Eminent domain—Authorized. Eminent domain—Procedure. Eminent domain—Joinder, consolidation of actions—Separate verdicts. Eminent domain—Damages and benefits—Judgment when damages exceed benefits, costs. Eminent domain—Damages and benefits—Judgment for costs when benefits equal or exceed damages. Eminent domain—Levy on uncondemned lands unaffected. Eminent domain—Verdict and findings binding as to levy. Eminent domain—Damages applied pro tanto to satisfy levies. Eminent domain—Title acquired. Right of entry to make surveys, etc. Right to construct across streams, highways, railways, etc.— Duty to restore. Right to construct across streams, highways, railways, etc.— Railroads to cooperate. Right to construct across streams, highways, railways, etc.— Disagreements, how determined. Right-of-way on state lands. Board of directors—Composition. Board of directors—Term of office. Director districts. Director districts—Geographical boundaries—Designation. First board—Appointment. First board—Term. First directors—Election. First directors—Nominations. First directors—Terms. Directors—Term. Directors—Vacancies. Directors—Oath—Bond. Secretary’s oath and bond. Additional official bonds when fiscal agent of United States. Additional official bonds when fiscal agent of United States— Suit on. Official bonds, cost of. Directors—Organization—President, secretary. District office. District office—Change of location. Directors—Regular meetings, change of day. Directors—Special meetings—Notice—Business permissible. Directors—Meetings and records public. Directors—Quorum—Action by majority. Directors—Seal, bylaws, rules. Compensation of directors, officers, employees. Interest in contracts prohibited—Penalty. Delivery of records, etc., to successor. Employees on termination to deliver records to board—Penalty. County treasurer is ex officio district treasurer. Liability of county treasurers. County treasurers to collect assessments. Funds to be deposited with county treasurer. Claims against district. Disbursement of funds by county treasurer. Treasurer’s monthly report. Secretary’s monthly report of expenditures. Elections—When general held. Elections—When special held. Elections—How noticed and conducted. Elections—Voting precincts. Elections—Polling places. Elections—Polls outside district precinct. Elections—List of registered voters. Elections—Certification of propositions. Elections—Ballots to be separate. Elections—Checking names of voters against registration list. Elections—Returns—Canvassing boards. Elections—Abstract of result. Elections—District board to tabulate abstracts and declare result. Director district to be represented on board. Election of subsequent directors. Director district elections. Declaration of candidacy for board—Fee. Ballots for director. District elections—Primary law not to apply. Annual tax—Authorization. Annual tax—How equalized and levied. Annual tax—How collected. 89.30.400 89.30.403 89.30.412 89.30.427 89.30.430 89.30.433 89.30.436 89.30.439 89.30.442 89.30.445 89.30.448 89.30.451 89.30.454 89.30.457 89.30.460 89.30.463 89.30.466 89.30.469 89.30.472 89.30.475 89.30.478 89.30.481 89.30.484 89.30.487 89.30.490 89.30.493 89.30.496 89.30.499 89.30.502 89.30.505 89.30.508 89.30.511 89.30.514 89.30.517 89.30.520 89.30.523 89.30.526 89.30.529 89.30.532 89.30.535 89.30.538 89.30.541 89.30.544 89.30.547 89.30.550 89.30.553 Chapter 89.30 Debt limit—General. Exceeding debt limit—Procedure. General obligation bonds—Authorized. Special fund from fixed income—Bonds payable from special fund—Contract to purchase or lease electricity—Powers of reclamation district conferred. Special fund from fixed income—Contents—Pledge of income—Not district obligation. Special fund from fixed income—Maturity—Form—Interest rates. General improvement districts—Authorized. General improvement districts—Resolution, survey and investigation. General improvement districts—Cost of survey and investigation—Limitation of levy. General improvement districts—Board may make survey and investigation. General improvement districts—Contract with state or United States for survey and investigation. General improvement districts—Report on survey and investigation—Estimate of cost. General improvement districts—Notice for hearing on report. General improvement districts—Contents of notice for hearing. General improvement districts—Hearing—Adjournments. General improvement districts—Objections and evidence at hearing. General improvement districts—Change of plans. General improvement districts—Order on approval. General improvement districts—Findings conclusive, exception. General improvement districts—Special benefits deemed continuing. General improvement districts—Powers of board—Act on behalf of improvement or divisional district not to render reclamation district liable. Power of board as to assessments in improvement or divisional districts. Divisional districts—Authorized. Divisional districts—Powers of board, officers and electors. Divisional districts—Organization. Divisional districts—Liability. Divisional districts—Assessments, contracts, etc. Exclusion of nonirrigable lands from general improvement or divisional districts—Petition—Prior obligations. Exclusion of nonirrigable lands from general improvement or divisional districts—Time for hearing—Notice. Exclusion of nonirrigable lands from general improvement or divisional districts—Hearing. Exclusion of nonirrigable lands from general improvement or divisional districts—Levy to pay bonds preserved. Exclusion of nonirrigable lands from general improvement or divisional districts—Unconditional relief—Effect. Exclusion of nonirrigable lands from general improvement or divisional districts—Power to reduce assessments. Negotiable bonds of general improvement or divisional district—Authorized. Negotiable bonds of general improvement or divisional district—Form, contents, payment, interest. Negotiable bonds of general improvement or divisional district—Obligation of improvement and divisional district— Reclamation district not obligated—Deferred assessments. Negotiable bonds of general improvement or divisional district—Election, how conducted. Negotiable bonds of general improvement or divisional district—Election precincts and officials. Negotiable bonds of general improvement or divisional district—Contents of notice of election. Negotiable bonds of general improvement or divisional district—Notice and election in nonassessable area. Negotiable bonds of general improvement or divisional district—Mailing returns—Canvass. Negotiable bonds of general improvement or divisional district—Abstract of election results. Negotiable bonds of general improvement or divisional district—Resolution authorizing issuance of bonds. Negotiable bonds of general improvement or divisional district—Sale or exchange price. Negotiable bonds of general improvement or divisional district—Pledge of bonds to United States. Negotiable bonds of general improvement or divisional district—Public or private sale—Payment in property, labor, etc. [Title 89 RCW—page 23] Chapter 89.30 89.30.556 89.30.565 89.30.568 89.30.571 89.30.574 89.30.577 89.30.580 89.30.583 89.30.586 89.30.589 89.30.592 89.30.595 89.30.598 89.30.601 89.30.604 89.30.607 89.30.610 89.30.613 89.30.616 89.30.619 89.30.622 89.30.625 89.30.628 89.30.631 89.30.634 89.30.637 89.30.640 89.30.643 89.30.646 89.30.649 89.30.652 89.30.655 89.30.658 89.30.661 89.30.664 89.30.667 89.30.670 89.30.673 89.30.676 89.30.679 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement Negotiable bonds of general improvement or divisional district—Negotiability—Execution. Negotiable bonds of general improvement or divisional district—Moneys paid to county treasurer. Negotiable bonds of general improvement or divisional district—Bonds paramount lien on moneys in fund. Assessments in general improvement or divisional district— Annual ad valorem basis. Assessments in general improvement or divisional district— Assessment roll. Assessments in general improvement or divisional district— Contents of assessment roll. Assessments in general improvement or divisional district— Basis of valuation. Assessments in general improvement or divisional district— Valuation of lands not on tax roll. Assessments in general improvement or divisional district— Values on roll are conclusive, when. Assessments in general improvement or divisional district— Assessments for prior years—Expense for delinquencies. Assessments in general improvement or divisional district— Roll to segregate lands as to counties. Assessments in general improvement or divisional district— Roll to district board—Notice of equalization. Assessments in general improvement or divisional district— Time for equalization meeting—Inspection of roll. Assessments in general improvement or divisional district— Hearing before equalization board—Authority. Assessments in general improvement or divisional district— Changes on roll to be noted—Completed roll to county treasurers. Assessments in general improvement or divisional district— Annual levy for bonds and interest. Assessments in general improvement or divisional district— Levy for contracts with state or United States or for other charges. Assessments in general improvement or divisional district— Levy for delinquencies. Assessments in general improvement or divisional district— Collected assessments to constitute designated special funds. Assessments in general improvement or divisional district— Procedure on failure to deliver roll—Preparation, equalization, levy by county commissioners. Assessments in general improvement or divisional district— Manner and effect of levy by county commissioners— Expenses. Assessments in general improvement or divisional district— County treasurer may perform duties of district secretary, when. Assessments in general improvement or divisional district— Lien of assessment, when attaches. Assessments in general improvement or divisional district— Assessment lien paramount—When extinguished. Assessments in general improvement or divisional district— When assessments due and payable—Delinquency date. Assessments in general improvement or divisional district— When assessment delinquent—Interest rate. Installment payments—Delinquency. Installment payments—Assessment book—Contents. Installment payments—Entry of payments—Receipt. Installment payments—Statement of assessments levied to be furnished on request. Installment payments—County treasurers to make monthly remittances to district treasurer. Delinquency and sale in general improvement and divisional districts—List to be posted. Delinquency and sale in general improvement and divisional districts—Notice of delinquency, contents, posting. Delinquency and sale in general improvement and divisional districts—Publication of list of posted places and notice of sale. Delinquency and sale in general improvement and divisional districts—Publication of notices—Contents—Time and place of sale. Delinquency and sale in general improvement and divisional districts—Sale of land for delinquency. Delinquency and sale in general improvement and divisional districts—How conducted. Delinquency and sale in general improvement and divisional districts—Postponement of sale. Delinquency and sale in general improvement and divisional districts—Designation of portion to be sold—Sale by parts. Delinquency and sale in general improvement and divisional districts—Resale upon purchaser’s default. [Title 89 RCW—page 24] 89.30.682 89.30.685 89.30.688 89.30.691 89.30.694 89.30.697 89.30.700 89.30.703 89.30.706 89.30.709 89.30.712 89.30.715 89.30.718 89.30.721 89.30.724 89.30.727 89.30.730 89.30.733 89.30.736 89.30.739 89.30.742 89.30.745 89.30.748 89.30.751 89.30.754 89.30.757 89.30.760 89.30.763 89.30.766 89.30.769 89.30.772 89.30.775 89.30.778 89.30.781 89.30.784 89.30.787 89.30.790 89.30.793 89.30.796 89.30.799 89.30.802 Delinquency and sale in general improvement and divisional districts—Reclamation district as purchaser. Delinquency and sale in general improvement and divisional districts—Entry of sale when district is purchaser—Credit. Delinquency and sale in general improvement and divisional districts—Rights of district as purchaser. Delinquency and sale in general improvement and divisional districts—Deed to district in absence of redemption—Conveyance. Delinquency and sale in general improvement and divisional districts—Resolution to convey property acquired by district—Price. Delinquency and sale in general improvement and divisional districts—Lease of property acquired by district. Delinquency and sale in general improvement and divisional districts—Disposition of proceeds of sale or lease by district. Delinquency and sale in general improvement and divisional districts—Reconveyance to person entitled to redemption, when. Delinquency and sale in general improvement and divisional districts—Certificate of sale in duplicate, contents. Delinquency and sale in general improvement and divisional districts—Certificate of sale—Form, filing, delivery. Delinquency and sale in general improvement and divisional districts—Certificate of sale may include several tracts. Delinquency and sale in general improvement and divisional districts—Entry of sale in assessment book, inspection—Filing certificate. Delinquency and sale in general improvement and divisional districts—Lien of assessment vested in purchaser—When divested. Delinquency and sale in general improvement and divisional districts—Redemption of property sold. Delinquency and sale in general improvement and divisional districts—Redemption in coin to treasurer—To whom credited. Delinquency and sale in general improvement and divisional districts—Entry of redemption in book and on certificate. Delinquency and sale in general improvement and divisional districts—Deed in absence of redemption, contents. Delinquency and sale in general improvement and divisional districts—Fee for deed—Several parcels may be included in one deed. Delinquency and sale in general improvement and divisional districts—Recitals in deed—Evidentiary effect. Delinquency and sale in general improvement and divisional districts—Deed conclusive, exception. Delinquency and sale in general improvement and divisional districts—Title conveyed by deed. Delinquency and sale in general improvement and divisional districts—Probative force of assessment book and delinquency list. Delinquency and sale in general improvement and divisional districts—Sale not avoided by misnomer or mistake as to ownership. Foreclosure of lien for general taxes—Payment in full or sale subject to assessments due. Liability of county for assessments after sale to county for general taxes. Sale of county lands for delinquent assessments. Special assessments by general improvement or divisional district—Authorization by electors. Special assessments by general improvement or divisional district—Levy and collection. Special assessments by general improvement or divisional district—Proposition to be submitted to electors. Special assessments by general improvement or divisional district—Election, how called, conducted, etc. Special assessments by general improvement or divisional district—Notice of election—Ballots. Special assessments by general improvement or divisional district—Indebtedness authorized. Special assessments by general improvement or divisional district—Notes—Terms. Special assessments by general improvement or divisional district—Notes payable exclusively by assessments. Special assessments by general improvement or divisional district—Interest on notes. Tolls for electricity and water—Collection, deposit. Tolls for electricity and water—Toll collector’s bond. Jurisdiction of courts. Jurisdiction of courts—Petition for judicial determination. Jurisdiction of courts—Contents of petition. Jurisdiction of courts—Notice of hearing of petition. (2008 Ed.) Reclamation Districts of One Million Acres 89.30.805 89.30.808 89.30.811 89.30.814 89.30.817 89.30.820 89.30.823 89.30.826 89.30.829 89.30.832 89.30.835 Jurisdiction of courts—Notice, how given and published. Jurisdiction of courts—Demurrer or answer to petition. Jurisdiction of courts—Rules which govern. Jurisdiction of courts—Motion and order for new trial. Jurisdiction of courts—Action in rem—Power of court. Jurisdiction of courts—Errors disregarded—Approval in whole or part. Jurisdiction of courts—Conclusiveness of judgment. Jurisdiction of courts—Costs. Jurisdiction of courts—Time for appeal. Liberal construction. Severability—1927 c 254. 89.30.001 District authorized—Area not less than one million acres—No fees. Reclamation districts including an area of not less than one million acres of land may be created and maintained in this state, as herein provided, for the reclamation and improvement of arid and semiarid lands situated in such districts, and for the generation and/or sale of hydroelectric energy: PROVIDED, That no appropriation, license, filing, recording, examination or other fee or fees, as provided in RCW 90.16.050 through 90.16.090 or in RCW 90.03.470 shall be applicable to a district or districts created under this chapter. [1933 c 149 § 1; 1927 c 254 § 1; RRS § 7402-1. Formerly RCW 89.20.020 and 89.20.040, part.] 89.30.001 89.30.004 Lands in one or more counties. Such reclamation districts may include all or part of the territory of any county and may combine the territory in two or more counties, in which any of the lands to be reclaimed and improved are situated, or in which hydroelectric energy may be generated in connection with project works. [1933 c 149 § 2; 1927 c 254 § 2; RRS § 7402-2. Formerly RCW 89.20.200.] 89.30.004 89.30.007 General purposes of district. Such reclamation districts may be organized or maintained for any or all the following general purposes: (1) The construction or purchase and the operation and maintenance of dams, power and pumping works, transmission power lines, reservoirs, pipe lines, and other works or parts of same for the irrigation of lands within the operation of the district or districts and for the transmission and sale of power generated by such works. (2) The reconstruction, repair or improvement of existing irrigation works. (3) The operation or maintenance of existing irrigation works. (4) The construction, reconstruction, repair or maintenance of a system of diverting canals or conduits, from a natural source of water supply to the point of individual distribution for irrigation purposes. (5) The execution and performance of any contract authorized by law with any department of the United States or any state therein for power, reclamation and irrigation purposes. (6) The performance of all things necessary to enable the district or districts to exercise the powers granted in this chapter. (7) That no permits or licenses for the appropriation of water for irrigation and/or power purposes shall be granted by the state of Washington which will interfere with the irrigation and/or power requirements of the district or districts created under this chapter. [1933 c 149 § 3; 1927 c 254 § 3; 89.30.007 (2008 Ed.) 89.30.022 RRS § 7402-3. Formerly RCW 89.20.030 and 89.20.040, part.] 89.30.010 Petition—Filing. Whenever fifty, or a majority of the holders of title to, or of evidence of title to, lands susceptible of irrigation in each of the several counties in which lands coming within the proposed district are located, desire to organize an irrigation [reclamation] district for any, or all, of the purposes mentioned in RCW 89.30.007, they may propose the organization of an irrigation [reclamation] district by filing a petition signed by the required number of holders of title, or evidence of title, to land within the proposed district with the board of county commissioners of the county in which the greatest portion of the land susceptible of irrigation, to be included in the proposed district, is located. [1933 c 149 § 4; 1927 c 254 § 4; RRS § 7402-4. Formerly RCW 89.20.500.] 89.30.010 89.30.013 Petition—Contents. Said petition shall describe the lands proposed to be irrigated in township and ranges and in case of smaller bodies of land, in legal subdivisions or fractions thereof, shall give the name of the county in which said respective irrigable lands are situated, and shall state all the possible sources of water supply from which said lands can be irrigated: PROVIDED, That nothing herein contained shall be construed to limit the power of any district organized under the provisions of this chapter to utilize any other source of water supply not mentioned in the petition. Said petition shall also define the boundaries of the proposed district, which said boundaries shall include all of the lands, a major portion of which can be irrigated from the proposed sources of water supply, shall give the name by which the petitioners desire the district to be designated and shall state that the petitioners desire to have the territory included within the boundaries defined, organized into a reclamation district under the provisions of this chapter. [1927 c 254 § 5; RRS § 7402-5. Formerly RCW 89.20.510.] 89.30.013 89.30.016 Public lands of state may be included. State, granted, school or other public lands of the state of Washington may be included in such districts, and may be included in any general improvement district or divisional district authorized herein within the reclamation district and subjected to special assessments for general improvement or divisional district purposes. [1927 c 254 § 6; RRS § 7402-6. Formerly RCW 89.20.210.] 89.30.016 89.30.019 Interest in public lands treated as private property—Public title unaffected, liens barred. All leases, contracts, or other form of holding any interest in any state or public land shall be treated as the private property of the lessee or owner of the contractual or possessory interest; PROVIDED, That nothing in this chapter shall be construed to affect the title of the state or other public ownership, nor shall any lien for assessments or taxes attach to the fee simple title of the state or other public ownership. [1927 c 254 § 7; RRS § 7402-7. Formerly RCW 89.20.220.] 89.30.019 89.30.022 Federal lands may be included. Lands of the federal government may be included within such districts; 89.30.022 [Title 89 RCW—page 25] 89.30.025 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement and such lands may be included in any general improvement or divisional district authorized herein, in the manner and subject to the conditions specified in the statutes of the United States. [1927 c 254 § 8; RRS § 7402-8. Formerly RCW 89.20.230.] the matters and things required by the statute, said county board shall make an order specifying the deficiency and shall return said petition or the part thereof found to be deficient to the persons filing the same. [1927 c 254 § 13; RRS § 740213. Formerly RCW 89.20.550.] 89.30.025 Possessory interest in federal lands— Water rent, credit for prior payment. Lands held by private persons under possessory rights from the federal government may be included within the operation of the district, and as soon as such lands are held under title of private ownership, the owner thereof shall be entitled to receive his proportion of water as in case of other landowners upon payment by him of such sums as shall be determined by the district board and at the time to be fixed by said district board, which sum shall be such equitable amount as such lands should pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and giving credit if equitable for any sums paid as water rent by the occupant of said lands prior to the vesting of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed. [1927 c 254 § 9; RRS § 7402-9. Formerly RCW 89.20.240.] 89.30.040 Conflicting petitions—Largest territory considered first. In the event that more than one petition for the organization of a reclamation district covering any of the same territory, is filed with the same board or with different boards of county commissioners prior to the date of the issuance of the order fixing the time and place for a hearing on one of said petitions as herein provided, the petition covering the largest territory shall first be determined and voted upon by the electors concerned. [1927 c 254 § 14; RRS § 7402-14. Formerly RCW 89.20.560.] 89.30.025 89.30.028 Petitioners to describe their lands—Petitioners deemed owners thereof. Persons signing said petition shall state following their respective names, in a place provided in said petition for that purpose, the legal description of the lands owned by them and the estimated irrigable acreage contained in the same: PROVIDED, That the petitioners shall be prima facie deemed to be the owners of lands susceptible of irrigation for the purposes of the petition in the absence of evidence to the contrary submitted prior to the day of the hearing hereinafter provided for on said petition. [1927 c 254 § 10; RRS § 7402-10. Formerly RCW 89.20.520.] 89.30.028 89.30.031 Proof of ownership by tax roll. The ownership of land of any of the petitioners may be shown by the county general tax roll of the county in which such land is situated, last equalized prior to the time of the filing of said petition with the county board. Any item on said assessment roll may be proved by a certificate of the county officer having the custody of said tax roll at the time of making said certificate. [1927 c 254 § 11; RRS § 7402-11. Formerly RCW 89.20.530.] 89.30.031 89.30.034 Petition on separate sheets—Withdrawals. The petition for organization of such reclamation district shall consist of any number of separate instruments of uniform similarity, numbered consecutively. For convenience, lands represented on said instruments may be grouped separately according to the county in which said lands are situated. No petitioner shall have the right to withdraw his name from the petition after the same has been filed with said county board. [1927 c 254 § 12; RRS § 7402-12. Formerly RCW 89.20.540.] 89.30.034 89.30.037 Correction of deficient petition. If it shall appear that said petition or any part thereof does not contain 89.30.037 [Title 89 RCW—page 26] 89.30.040 89.30.043 89.30.043 Order for hearing—Notice. If and when said county board finds that the petition is sufficient it shall enter an order to that effect and shall fix a time and place for a hearing on said petition which said time shall be not less than thirty days nor more than ninety days from the date of said order and shall direct the clerk of the board to publish notice of said hearing, setting forth the matters and things hereinafter required in a newspaper of general circulation published in each county in which any lands to be included in the district are situated. If there should be no newspaper of general circulation published in any county involved, then the county board shall designate some newspaper of general circulation published outside said county for the publication of said notice as to the lands situated in said county. [1927 c 254 § 15; RRS § 7402-15. Formerly RCW 89.20.570, part.] 89.30.046 89.30.046 Publication of notice. Said notice shall be published once a week for at least two weeks (three issues) before the time when the hearing on said petition is to be held. [1927 c 254 § 16; RRS § 7402-16. Formerly RCW 89.20.570, part.] 89.30.049 89.30.049 Contents of notice. Said notice shall state that a petition has been filed with said county board for the purpose of creating a reclamation district under the provisions of this chapter and may be inspected during office hours by any interested person, shall specify the boundaries of the district proposed in the petition, shall mention the time and place of hearing on said petition and shall state that all persons having or claiming any interest in said land, or any part thereof, and all persons otherwise interested are required at or before the time of said hearing to file in writing with the clerk of the county board such objections as they may have, if any, to the creation of said district. Said notice shall be signed by the clerk of the board. [1927 c 254 § 17; RRS § 7402-17. Formerly RCW 89.20.590.] 89.30.052 89.30.052 Copy of notice to each member of commission. Said clerk shall also mail a copy of said notice to each member of the commission hereinafter provided for, at least two weeks before the day of said hearing. [1927 c 254 § 18; RRS § 7402-18. Formerly RCW 89.20.580.] (2008 Ed.) Reclamation Districts of One Million Acres 89.30.055 Commission—Creation—Composition. Upon the giving of notice of hearing on the petition by the clerk of the county board aforesaid, there is hereby authorized and created a commission composed of the chairman of the board of county commissioners of each of the counties in which any of the lands to be included in the proposed reclamation district are situated, and of the state director of ecology, which commission shall consider and determine said petition. [1988 c 127 § 70; 1933 c 149 § 5; 1927 c 254 § 19; RRS § 7402-19. Formerly RCW 89.20.700.] 89.30.055 89.30.058 Commission—Chairman—Clerk—Quorum. The state director of ecology shall be ex officio chairman of said commission, and the clerk of the county board of the county in which the petition is filed, shall be ex officio clerk of said commission. A majority of the members of said commission shall constitute a quorum for the transaction or exercise of any of its powers, functions, duties and business. [1988 c 127 § 71; 1933 c 149 § 6; 1927 c 254 § 20; RRS § 7402-20. Formerly RCW 89.20.710, part.] 89.30.058 89.30.061 Commission—Clerk not to vote unless tie. The clerk of the commission shall not be entitled to vote on matters coming before it, except in case of a tie vote of the members thereof, in which event said clerk shall cast the deciding vote. [1927 c 254 § 21; RRS § 7402-21. Formerly RCW 89.20.710, part.] 89.30.061 89.30.064 Commission—General powers. Said commission is hereby given full authority to receive evidence, to make independent investigation, to determine and establish the boundaries of the district, to adjourn its meeting from time to time and place to place, and to do any and all things necessary or incidental to the determination of the petition and the establishment of the boundaries of the reclamation district. [1927 c 254 § 22; RRS § 7402-22. Formerly RCW 89.20.770.] 89.30.094 the county where the petition is filed or at such other convenient place as said county board shall designate. [1927 c 254 § 25; RRS § 7402-25. Formerly RCW 89.20.730.] 89.30.076 Hearing on petition—Proof of notice. At the time and place designated in said notice the commission shall meet to consider said petition. Said commission shall first determine whether notice of the hearing on said petition has been published in the manner and for the time required by this chapter and shall file the affidavits of the publishers as to the time of publication in their respective newspapers among the records of the hearing. [1927 c 254 § 26; RRS § 7402-26. Formerly RCW 89.20.750.] 89.30.076 89.30.079 Hearing on petition—Consideration of petition—Evidence. If it is determined that the notice of the hearing has been properly published, the commission shall proceed to consider the petition, and to receive any pertinent evidence that may be offered. [1927 c 254 § 27; RRS § 740227. Formerly RCW 89.20.760.] 89.30.079 89.30.082 Hearing on petition—Boundaries to be fixed. Said commission shall have full authority to increase or diminish and change the boundaries of the proposed district and to fix the same so as to subserve the best interests of the district and to enable it to carry out the objects of its creation, and shall establish and define said boundaries. [1927 c 254 § 28; RRS § 7402-28. Formerly RCW 89.20.780.] 89.30.082 89.30.064 89.30.085 Hearing on petition—Name—Election to be ordered. At said hearing the commission shall give the district a name, shall fix a day for and order an election to be held therein for the purpose of determining whether or not the district shall be created under the provisions of this chapter. [1927 c 254 § 29; RRS § 7402-29. Formerly RCW 89.20.790.] 89.30.085 89.30.088 Order for election to county auditors. The clerk of the commission shall forthwith mail by registered mail a copy of said order for an election to the county auditors of each of the counties in which any lands within the boundaries of the proposed reclamation district are located. [1927 c 254 § 30; RRS § 7402-30. Formerly RCW 89.20.870.] 89.30.088 89.30.067 Commission—Adjournments. The period of such adjournments, however, shall not exceed ninety days in all and in case of lack of a quorum, one or more members of the commission may adjourn to a day certain and notify the absent members of the day to which said hearing was adjourned. [1927 c 254 § 23; RRS § 7402-23. Formerly RCW 89.20.740.] 89.30.067 89.30.070 Commission—Expenses. Except as otherwise herein provided the necessary expenses of the commission and of the members thereof in performing the duties and functions of said commission shall be borne by the respective counties concerned in proportion to the taxable value of the acreage of each included in the proposed reclamation district and said respective counties are hereby made liable for such expenses. The individual expenses of the state director of ecology shall be borne by the state. [1988 c 127 § 72; 1933 c 149 § 7; 1927 c 254 § 24; RRS § 7402-24. Formerly RCW 89.20.720.] 89.30.070 89.30.073 Hearing on petition—Place. The hearing on said petition shall be held at the office of the county board of 89.30.073 (2008 Ed.) 89.30.091 Records of commission to be preserved. Upon full determination of the petition and the ordering of said election, the commission shall turn all papers and records involved in its deliberations over to the board of the county where the petition to organize the reclamation district was filed, and said papers and records shall be preserved among the records of said county board. [1927 c 254 § 31; RRS § 7402-31. Formerly RCW 89.20.800.] 89.30.091 89.30.094 Election—How conducted—Qualifications of electors. Notice of said election shall be given by the same officer in the same manner and for the same length of time, electors shall have the same qualifications, and said election shall be provided for, held and conducted by the same officers and the results thereof determined by the same officers in the same manner, and with the same force and 89.30.094 [Title 89 RCW—page 27] 89.30.097 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement effect as nearly as may be as that provided in this chapter for general reclamation district elections. [1927 c 254 § 32; RRS § 7402-32. Formerly RCW 89.20.890.] 89.30.097 Election—Notice, contents—Ballots. The notice of said election shall specify the boundaries of the proposed district as established by the commission and shall state that the object of said election is to determine whether or not said district shall be created under the provisions of this chapter, shall state that votes will be received at the regular polling places of the county precincts, except in the following new precincts for such election, (new precincts and voting places for the same shall be specified) and shall state that the polls will be open from eight o’clock a.m. to eight o’clock p.m. on said election day. The ballot for said election shall contain the words: Reclamation district—"Yes", and Reclamation district—"No". [1927 c 254 § 33; RRS § 7402-33. Formerly RCW 89.20.880.] 89.30.097 89.30.100 Election—Canvass of returns. The board of county commissioners of the county in which the petition to organize the district is filed shall receive from the several county auditors concerned their abstracts of election returns, herein provided for, shall tabulate the same and declare the result of the election. [1927 c 254 § 34; RRS § 7402-34. Formerly RCW 89.20.900.] 89.30.100 89.30.103 Order organizing district. If upon the tabulation of said abstracts of the returns of said election as herein provided, it appears that a majority of the votes cast at said election were in favor of the creation of the district, the said county board shall by order entered in the minutes of its proceedings declare the territory included within the boundaries defined in the notice of election duly organized into a reclamation district within the provisions of this chapter, under the name and style theretofore designated and thereafter no other reclamation district including any of the same territory shall be organized under the provisions of this chapter. [1927 c 254 § 35; RRS § 7402-35. Formerly RCW 89.20.910.] 89.30.103 89.30.106 Order organizing district—Copy to be filed with county commissioners of other counties. Said county board shall then cause a copy of such order, duly certified by the clerk of the board to be immediately filed for record in the office of the county commissioners of any other county in which any portion of the territory embraced in such district is situated. [1927 c 254 § 36; RRS § 7402-36. Formerly RCW 89.20.920.] 89.30.106 89.30.109 Certified statement to be filed for record. It shall be the duty of the clerk of the board of county commissioners of every county in which any lands included in the district are situated forthwith to certify and file for record in the county auditor’s office of his county, a statement to the effect that, under the provisions of this chapter, certain lands (describing them in township and range and in case of smaller bodies of land in legal subdivisions or fractions thereof) were, by order of the board of county commissioners of . . . . . . county (naming the county) entered on the . . . . day of . . . . . . (naming the day, month and year) included in the . . . . 89.30.109 [Title 89 RCW—page 28] reclamation district (using the name designated in the order of the county board establishing the district). Said statement certified by the clerk of the county board shall be entitled to record in the office of the county auditor without payment of filing or recording fee. [1927 c 254 § 37; RRS § 7402-37. Formerly RCW 89.20.930.] 89.30.112 When creation complete—Proceedings conclusive, exception. From and after such filing the creation of the district shall be complete and its existence cannot thereafter be legally questioned by any person except the state of Washington in an appropriate court action brought within six months from the date of the order of the county board tabulating the abstracts of the returns of the organization election and creating said district. If the existence of said district is not challenged within the period above specified, the state of Washington shall thereafter be forever barred from questioning the legal existence of said district by reason of any defect in the organization thereof. [1927 c 254 § 38; RRS § 7402-38. Formerly RCW 89.20.940.] 89.30.112 89.30.115 District liable for formation costs. Any reclamation district created under the provisions of this chapter shall be liable for the necessary costs preliminary to and involved in preparing the petition for the organization of the district, in publishing any notice required and in conducting the election approving the creation of the district. [1927 c 254 § 39; RRS § 7402-39. Formerly RCW 89.20.080.] 89.30.115 89.30.118 Change of name procedure—Effect. Any reclamation district created under the provisions of this chapter may change its corporate name by filing with the board of county commissioners of each of the counties in which any of the lands included within the operation of the district are situated a certified copy of a resolution of its board of directors adopted by a unanimous vote of all the members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings of such district shall be had under such changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name. [1927 c 254 § 40; RRS § 7402-40. Formerly RCW 89.20.050.] 89.30.118 89.30.121 District is political subdivision. Reclamation districts created under this chapter shall be political subdivisions of the state and shall be held and construed to be municipal corporations within the provisions of the state Constitution relating to exemptions from taxation and within the provisions relating to the debt limits of municipal corporations: PROVIDED, That nothing herein contained shall be construed as a limitation on general improvement and divisional districts, authorized herein, to contract obligations. [1967 c 164 § 10; 1927 c 254 § 41; RRS § 7402-41. Formerly RCW 89.20.070.] 89.30.121 Purpose—Severability—1967 c 164: See notes following RCW 4.96.010. Tortious conduct of political subdivisions, municipal corporations and quasi municipal corporations, liability for damages: Chapter 4.96 RCW. (2008 Ed.) Reclamation Districts of One Million Acres 89.30.124 Judgments against district—When chargeable against improvement and divisional districts. Any judgment obtained against the reclamation district on account of any contract or transaction, made for or on behalf of any general improvement district or divisional district herein authorized, or on account of the construction or maintenance of any improvement for such improvement district or divisional district, shall be chargeable exclusively against the improvement district or divisional district concerned and assessments may be levied against the lands therein to satisfy said judgment. [1927 c 254 § 42; RRS § 7402-42. Formerly RCW 89.24.250.] 89.30.124 89.30.127 District a corporate body—Powers. A reclamation district created under this chapter shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all powers that may now or hereafter be specifically conferred by law. [1927 c 254 § 43; RRS § 7402-43. Formerly RCW 89.20.300.] 89.30.127 89.30.130 Powers—In general. Said reclamation districts shall have full authority to carry out the objects of their creation and to that end are authorized to acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, to enter into and perform any and all necessary contracts, to appoint and employ the necessary officers, agents and employees, to sue and be sued, to exercise the right of eminent domain, to levy and enforce the collection of taxes and special assessments in the manner herein provided against the lands within the district, for district revenues, and to do any and all lawful acts required and expedient to carry out the purpose of this chapter. [1927 c 254 § 44; RRS § 7402-44. Formerly RCW 89.20.310.] 89.30.130 89.30.133 Powers—Improvement and divisional districts, purposes. Said reclamation districts shall have authority to create general improvement districts and divisional districts to include any or all the lands within the reclamation district, to provide for the levy and collection of special assessments against the respective lands benefited, and to issue bonds, and other evidences of indebtedness, as in this chapter provided. [1927 c 254 § 45; RRS § 7402-45. Formerly RCW 89.24.010.] 89.30.133 89.30.136 Powers—Development, sale, use, etc., of water or electric energy. Said reclamation districts shall have authority to develop and sell, lease or rent the use of water or electric energy for use or distribution within or without the district on such terms and under such regulations as may be determined by the district board or as shall be set out and prescribed in the contract between the district and the United States or the state of Washington for the construction of the district irrigation works, and to use the income derived therefrom for district purposes. [1933 c 149 § 8; 1927 c 254 § 46; RRS § 7402-46. Formerly RCW 89.20.330.] 89.30.136 89.30.139 Powers—Bonds payable from income. Said reclamation districts shall also have authority to issue and sell bonds of the district payable from the income derived from the sale or rental of water or electric power as in this 89.30.139 (2008 Ed.) 89.30.151 chapter provided. [1927 c 254 § 47; RRS § 7402-47. Formerly RCW 89.26.240.] 89.30.142 Powers—Sale or lease of water—Drains— Land settlement. Said reclamation districts shall also have authority: (1) To construct, repair, purchase, maintain, or lease a system or systems for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes. (2) To construct, repair, operate and maintain a system of drains as in this chapter provided. (3) To regulate the settlement of lands within the district under the provisions of any contract with the state of Washington or the United States. This section shall not be construed as in any manner affecting or abridging any other powers of said reclamation district conferred by law. [1927 c 254 § 48; RRS § 7402-48. Formerly RCW 89.20.320.] 89.30.142 89.30.145 Powers—Fiscal agent for United States. Reclamation districts created under this chapter may accept appointment as fiscal agent or other authority of the United States to make collections of money for or on behalf of the United States in connection with any federal or other reclamation project whereupon the reclamation district and the county treasurer for said district shall be authorized to act and to assume the duties and liabilities incident to such action and the district board shall have full power to do any and all things required by the said statute now or hereafter enacted in connection therewith and to do all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. [1927 c 254 § 49; RRS § 7402-49. Formerly RCW 89.20.340.] 89.30.145 89.30.148 Surety bond from contractor. Any person, firm or corporation except the state of Washington or the United States, to whom or to which a contract may have been awarded by the district for construction purposes, or for labor or material entered into when the total amount to be paid therefor exceeds one thousand dollars, shall enter into a surety bond to be approved by the district board, payable to the district for at least seventy-five percent of the contract price conditioned for the faithful performance of said contract and with such further conditions as may be required by law. [1927 c 254 § 50; RRS § 7402-50. Formerly RCW 89.24.510.] 89.30.148 89.30.151 Payments under contracts—Retained percentage. Contracts entered into by reclamation districts authorized under this chapter for construction or for services or materials, may provide that payments shall be made in such monthly amounts or in such monthly proportion of the contract price as the board shall determine as the work progresses or as the services or materials are furnished on monthly estimates of the value thereof approved by the board; PROVIDED, That at least ten percent of each of the monthly estimates shall be retained until the contract is completed and its completion approved by the district board. 89.30.151 [Title 89 RCW—page 29] 89.30.154 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement [1927 c 254 § 51; RRS § 7402-51. Formerly RCW 89.24.520.] 89.30.154 Contracts—Public bidding—Notice. Contracts for labor or materials entering into the construction of any improvement authorized by the district shall be awarded at public bidding except as herein otherwise provided. A notice calling for sealed proposals shall be published in such newspaper or newspapers of such general circulation as the board shall designate for a period of not less than two weeks (three issues) prior to the date of the opening of the bids. Such proposals shall be accompanied by a certified check for such amount as the board shall decide upon to guarantee compliance with the bid, and shall be opened in public at the time and place designated in the notice. The contract shall be awarded to the lowest and best responsible bidder; PROVIDED, That the board shall have authority to reject any and all bids. [1927 c 254 § 52; RRS § 7402-52. Formerly RCW 89.24.500.] an amount sufficient to meet each year all payments accruing under the terms of any such contract. [1933 c 149 § 10; 1927 c 254 § 55; RRS § 7402-55. Formerly RCW 89.24.550.] 89.30.154 89.30.157 Contracts with United States or any state for construction, etc. The board shall have authority to enter into any obligation or contract authorized by law with the United States or with any state therein for the supervision of the construction, for the construction, reconstruction, betterment, extension, sale or purchase, or operation or maintenance of the necessary works for the delivery and distribution of water therefrom or for any other service furthering the objects for which said reclamation district is created under the provisions of the law of the state of Washington or of the United States and all amendments or extensions thereof and the rules and regulations established thereunder. [1927 c 254 § 53; RRS § 7402-53. Formerly RCW 89.24.530.] 89.30.157 89.30.166 Contracts with United States or state of Washington—Submission of contracts to electors. No contract, however, providing for the levy of such assessments shall be entered into with the state of Washington or the United States as above provided unless a proposition of entering into such a contract shall have first been submitted to the electors of the general improvement district or divisional district concerned, and by said electors approved. [1927 c 254 § 56; RRS § 7402-56. Formerly RCW 89.24.560.] 89.30.166 89.30.169 Contracts with United States or state of Washington—Election procedure. Elections held for the purpose of approving a contract with the state of Washington or the United States as herein provided, shall be called, noticed, conducted and canvassed in the same manner and with the same force and effect as in the case of bond elections held in general improvement districts or in divisional districts as authorized in this chapter. [1927 c 254 § 57; RRS § 740257. Formerly RCW 89.24.570.] 89.30.169 89.30.172 Contracts with United States or state of Washington—Liability of district for improvement and divisional district obligations. The reclamation district shall not be liable under any contract creating an obligation chargeable against the lands of any general improvement district or of any divisional district authorized herein unless such liability is specifically stated in such contract. [1927 c 254 § 58; RRS § 7402-58. Formerly RCW 89.24.580.] 89.30.172 89.30.175 Drainage system—Authorization— Notice—Hearing. Whenever in the judgment of the reclamation district board a system of drainage for any lands included in the operation of any general improvement or divisional district therein will be of special benefit to the lands of the general improvement or divisional district as a whole, it shall pass a resolution to that effect and call a further meeting of the board to determine the question. Notice of said meeting shall be given by the secretary for the same length of time and in the same manner as required by law for the meeting of the commission to hear the petition for the organization of the reclamation district. At the time and place mentioned in the notice the board shall meet, hear such evidence as shall be presented, and fully determine the matter by resolution, which said resolution shall be final and conclusive upon all persons as to the benefit of said system of drainage to the lands in the district. [1927 c 254 § 59; RRS § 7402-59. Formerly RCW 89.24.020.] 89.30.175 89.30.160 Contracts with United States or state of Washington—Assumption of control or management. Reclamation districts created under this chapter shall have authority to enter into contracts with the state of Washington or the United States under any act of congress for the assumption of the control and management of the works for such period as may be designated in the contract. [1933 c 149 § 9; 1927 c 254 § 54; RRS § 7402-54. Formerly RCW 89.24.540.] 89.30.160 89.30.163 Contracts with United States or state of Washington—Bonds as payment or security—Levy for interest or payment. In case a contract has been or shall be hereafter made between the district and the state of Washington and/or the United States as herein provided, bonds of any general improvement district or of any divisional district herein authorized, may be deposited with the state of Washington and/or the United States as payment or as security for future payment at not less than ninety percent of the par value, the interest on said bonds to be provided for by assessment and levy as in the case of bonds of the district sold to private persons and regularly paid to the state of Washington and/or the United States to be applied as provided in such contract and if bonds of the district are not so deposited it shall be the duty of the board of directors to include as part of any levy or assessment against the lands of any general improvement district or of any divisional district concerned, 89.30.163 [Title 89 RCW—page 30] 89.30.178 Drainage system—Powers. Upon the passing of said resolution, the district shall in all respects have the same power and authority as is now or may hereafter be conferred respecting irrigation, and all powers in this chapter conferred upon the reclamation district with respect to irrigation shall be construed to include drainage in conjunction therewith as herein provided. [1927 c 254 § 60; RRS § 740260. Formerly RCW 89.24.030.] 89.30.178 (2008 Ed.) Reclamation Districts of One Million Acres 89.30.181 Drainage system—Benefit to public road or city sewer system—Assessment. Whenever any drainage improvement constructed under the provisions of this chapter results in benefit to the whole or any part of a public road, road bed or track thereof, or will facilitate the construction or maintenance of any sewer system in any city or town, the state, county, city, town or subdivision or any of them responsible for the maintenance of said public road, or sewer, shall be liable for assessment for the cost and maintenance of such drainage improvement. [1927 c 254 § 61; RRS § 740261. Formerly RCW 89.24.040.] 89.30.181 89.30.184 Eminent domain—Authorized. The taking and damaging of property or rights therein or thereto by a reclamation district to construct an improvement or to fully carry out the purposes of its organization are hereby declared to be for a public use, and any district organized under the provisions of this chapter, shall have and exercise the power of eminent domain to acquire any property or rights therein or thereto either inside or outside the operation of the district and outside the state of Washington if necessary, for the use of the district. [1927 c 254 § 62; RRS § 7402-62. Formerly RCW 89.22.800.] 89.30.184 89.30.187 Eminent domain—Procedure. Reclamation districts exercising the power of eminent domain shall proceed in the name of the district in the manner provided by law for the appropriation of real property or of rights therein or thereto, by private corporations, except as otherwise expressly provided herein. [1927 c 254 § 63; RRS § 7402-63. Formerly RCW 89.22.810.] 89.30.187 89.30.190 Eminent domain—Joinder, consolidation of actions—Separate verdicts. The district may at its option unite in a single action proceedings to condemn, for its use, property which is held by separate owners. Two or more condemnation suits instituted separately may also, in the discretion of the court, be consolidated upon motion of any interested party, into a single action. In such cases, the jury shall render separate verdicts for the different tracts of land. [1927 c 254 § 64; RRS § 7402-64. Formerly RCW 89.22.820.] 89.30.190 89.30.193 Eminent domain—Damages and benefits—Judgment when damages exceed benefits, costs. The jury, or the court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the property damaged by reason of the improvement for which the land is sought to be condemned, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of special benefits that will accrue. If it shall appear by the verdict or findings, that the gross damages exceed said gross special benefits, judgment shall be entered against the district, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over said special benefits, and for the costs of the proceedings, and upon payment of the judgment to the clerk of the court for the owner or owners, a decree of 89.30.193 (2008 Ed.) 89.30.211 appropriation shall be entered, vesting the title to the property appropriated in the district. [1927 c 254 § 65; RRS § 740265. Formerly RCW 89.22.830.] 89.30.196 Eminent domain—Damages and benefits—Judgment for costs when benefits equal or exceed damages. If it shall appear by the verdict that the gross special benefits equal or exceed the gross damages, judgment shall be entered against the district and in favor of the owner or owners for the costs only, and upon payment of the judgment for costs a decree of appropriation shall be entered, vesting the title to the property in the district. [1927 c 254 § 66; RRS § 7402-66. Formerly RCW 89.22.840.] 89.30.196 89.30.199 Eminent domain—Levy on uncondemned lands unaffected. If the damages found in any condemnation proceedings are to be paid for from funds of the reclamation district, no finding of the jury or court as to benefits or damages shall in any manner abridge the right of the district to levy and collect taxes for district purposes against the uncondemned lands situated within the reclamation district. [1927 c 254 § 67; RRS § 7402-67. Formerly RCW 89.22.850.] 89.30.199 89.30.202 Eminent domain—Verdict and findings binding as to levy. If the damages found in any condemnation proceedings are to be paid for from special assessments levied in behalf of any general improvement or divisional district, the verdict and findings of the court or jury as to damages and benefits shall be binding upon the board of directors of the district in their levy of assessments to pay the cost of the system or improvements on behalf of which the condemnation was had, as herein provided. [1927 c 254 § 68; RRS § 7402-68. Formerly RCW 89.22.860.] 89.30.202 89.30.205 Eminent domain—Damages applied pro tanto to satisfy levies. The damages thus allowed but not paid shall be applied pro tanto to the satisfaction of the levies made for such construction costs upon the lands on account of which the damages were awarded: PROVIDED, That nothing herein contained shall be construed to prevent the district from assessing the remaining lands of the owner or owners, so damaged, for deficiencies on account of the principal and interest on bonds and for other benefits not considered by the jury in the condemnation proceedings. [1927 c 254 § 69; RRS § 7402-69. Formerly RCW 89.22.870.] 89.30.205 89.30.208 Eminent domain—Title acquired. The title acquired by the reclamation district in condemnation proceedings shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation and in case such proceedings are brought in behalf of any general improvement or divisional district, the reclamation district shall hold title to lands so acquired as trustee for said general improvement or divisional district as the case may be. [1927 c 254 § 70; RRS § 7402-70. Formerly RCW 89.22.880.] 89.30.208 89.30.211 Right of entry to make surveys, etc. The reclamation district board and its agents and employees shall have the right to enter upon any land, to make surveys and 89.30.211 [Title 89 RCW—page 31] 89.30.214 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement may locate the necessary irrigation works and the line for canal or canals and the necessary branches for the same or for necessary transmission power lines on any lands which may be deemed necessary for such location. [1933 c 149 § 11; 1927 c 254 § 71; RRS § 7402-71. Formerly RCW 89.20.350.] the provisions of this chapter, shall divide the territory of the reclamation district into regional divisions to be known as "director districts". [1927 c 254 § 78; RRS § 7402-78. Formerly RCW 89.22.010, part.] 89.30.235 Director districts—Geographical boundaries—Designation. All the territory of each county included within the boundaries of the reclamation district shall constitute a director district which shall be designated by the name of the county in which it is located. [1927 c 254 § 79; RRS § 7402-79. Formerly RCW 89.22.010, part.] 89.30.235 89.30.214 Right to construct across streams, highways, railways, etc.—Duty to restore. The board of directors of any reclamation district authorized under this chapter, shall have power to construct district works across any stream of water, water course, street, avenue, highway, railway, canal, ditch or flume which works may intersect or cross in such manner as to afford security for life and property, but said board shall restore the same when so crossed or intersected to its former state as near as may be or in a sufficient manner not to have impaired unnecessarily its usefulness. [1933 c 149 § 12; 1929 c 254 § 72; RRS § 7402-72. Formerly RCW 89.20.360.] 89.30.214 89.30.217 Right to construct across streams, highways, railways, etc.—Railroads to cooperate. Every company whose railroad shall be intersected or crossed by district works shall unite with said board in forming said intersections and crossings and shall grant the privileges aforesaid. [1927 c 254 § 73; RRS § 7402-73. Formerly RCW 89.20.370.] 89.30.217 89.30.220 Right to construct across streams, highways, railways, etc.—Disagreements, how determined. If such railroad company and said board or the owners or controllers of said property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor or the points or manner of said crossings or intersections, the same shall be ascertained and determined in all respects as herein provided for the taking of land under the power of eminent domain. [1927 c 254 § 74; RRS § 7402-74. Formerly RCW 89.20.380.] 89.30.238 First board—Appointment. The county board of the county in which each director district is located shall within ten days after receipt of the order creating the reclamation district appoint and certify to the county board of the county in which the reclamation district was affected, the appointment of a resident director from said director district to act as a member of the first board of directors of said reclamation district. [1927 c 254 § 80; RRS § 7402-80. Formerly RCW 89.22.030, part.] 89.30.238 89.30.241 First board—Term. The first members of the district board so appointed shall hold office until their successors have been elected at the time of the next general state and county election, and have been qualified. [1927 c 254 § 81; RRS § 7402-81. Formerly RCW 89.22.030, part.] 89.30.241 89.30.220 89.30.223 Right-of-way on state lands. The right-ofway is hereby given, dedicated and set apart to locate construction and maintenance works over and through any of the lands which are now or may be the property of the state of Washington. [1927 c 254 § 75; RRS § 7402-75. Formerly RCW 89.20.390.] 89.30.244 First directors—Election. At the time of the next general state and county election, an election shall be held in each of the director districts in the reclamation district for the purpose of electing directors of the district. [1927 c 254 § 82; RRS § 7402-82. Formerly RCW 89.22.600.] 89.30.244 89.30.247 First directors—Nominations. Candidates for the office of district director shall be nominated in the manner herein provided for such nominations. [1927 c 254 § 83; RRS § 7402-83.] 89.30.247 89.30.223 89.30.226 Board of directors—Composition. The affairs of the district shall be managed by a board of directors composed of a number of qualified resident electors of the district equal to the number of director districts contained in said reclamation district. [1927 c 254 § 76; RRS § 7402-76. Formerly RCW 89.22.020, part.] 89.30.226 89.30.250 First directors—Terms. The terms of the first directors of the district to be elected shall be determined in relation to the amount of the taxable wealth in their respective director districts. The candidates of the wealthiest onethird of the total number of director districts shall serve for a term of six years; the candidates of the next wealthiest onethird of the total number of director districts shall serve for a term of four years; the candidates of the next wealthiest onethird or lesser number of the total number of director districts shall serve for a term of two years. [1933 c 149 § 13; 1927 c 254 § 84; RRS § 7402-84. Formerly RCW 89.22.040.] 89.30.250 89.30.253 Directors—Term. After the first terms have been served, all directors shall serve for a term of six years. [1927 c 254 § 85; RRS § 7402-85. Formerly RCW 89.22.050, part.] 89.30.253 89.30.229 Board of directors—Term of office. Except as herein otherwise provided, the term of the office of director shall be six years from and after the second Monday in January next succeeding his election. [1927 c 254 § 77; RRS § 7402-77. Formerly RCW 89.22.050, part.] 89.30.229 89.30.232 Director districts. The county board at the time of making the order creating a reclamation district under 89.30.232 [Title 89 RCW—page 32] 89.30.256 Directors—Vacancies. In case of any vacancy occurring in the office of director, such vacancy shall be filled by appointment of a resident elector of the director district represented by the former incumbent by the 89.30.256 (2008 Ed.) Reclamation Districts of One Million Acres 89.30.292 board of directors of the reclamation district, and the person so appointed shall serve until the time of the next general state and county election when the vacancy shall be filled for the remainder of the unexpired term by an election in the director district concerned. [1927 c 254 § 86; RRS § 740286. Formerly RCW 89.22.070.] nize as a board and shall elect a president from their number and appoint a secretary who shall be secretary of the district and who shall keep a record of the proceedings of the board and shall have custody of the official records of the district. [1927 c 254 § 92; RRS § 7402-92. Formerly RCW 89.22.080 and 89.22.280.] 89.30.259 Directors—Oath—Bond. Each director shall take and subscribe an official oath for the faithful discharge of the duties of his office and shall execute an official bond to the district in the sum of twenty-five hundred dollars conditioned for the faithful discharge of his office, which bond shall be approved by the judge of the superior court of the county where the organization of the district was effected, and said oath and bond shall be recorded in the office of the clerk of the superior court and filed with the secretary of the district. [1927 c 254 § 87; RRS § 7402-87. Formerly RCW 89.22.060.] 89.30.277 District office. The office of the directors and principal place of business of the reclamation district shall be some place in the reclamation district to be designated by the directors. [1927 c 254 § 93; RRS § 7402-93. Formerly RCW 89.22.090.] 89.30.259 89.30.262 Secretary’s oath and bond. The secretary of the district shall take and subscribe a written oath of office and execute an official bond in the sum of not less than twenty-five hundred dollars to be fixed by the board of directors, and said bond shall be approved and filed as in the case of the bond of a director. [1927 c 254 § 88; RRS § 7402-88. Formerly RCW 89.22.290.] 89.30.262 89.30.265 Additional official bonds when fiscal agent of United States. In case any district authorized in this chapter is appointed fiscal agent of the United States or is authorized by the United States in connection with any irrigation project in which the United States is interested to make collections of money for or on behalf of the United States, such secretary and each such director and the county treasurer of the county where the organization of the district was effected shall each execute a further additional official bond in such sum respectively as the secretary of the interior may require conditioned for the faithful discharge of the duties of his respective office and the faithful discharge by the district of its duties as fiscal or other agent of the United States in such appointment or authorization; such additional bonds to be approved, recorded, filed and paid for as herein provided for other official bonds. [1927 c 254 § 89; RRS § 7402-89. Formerly RCW 89.22.300.] 89.30.265 89.30.268 Additional official bonds when fiscal agent of United States—Suit on. Any such additional bonds required by the secretary of interior as above provided may be sued upon by the United States or any person injured by the failure of such officer or the district to fully, promptly and completely perform their respective duties. [1927 c 254 § 90; RRS § 7402-90. Formerly RCW 89.22.310.] 89.30.277 89.30.280 District office—Change of location. Said office and official place of business may be changed by passing a resolution to that effect at a previous meeting of the board entered in the minutes thereof and by posting a notice of the same in a conspicuous public place at or near the place of business which is to be changed at least ten days prior thereto, and by the previous posting of a copy of said notice for the same length of time at or near the new location of the office. [1927 c 254 § 94; RRS § 7402-94. Formerly RCW 89.22.100.] 89.30.280 89.30.283 Directors—Regular meetings, change of day. The directors shall hold a regular monthly meeting at their office on such day in each month as the board shall designate in their bylaws and may adjourn any meeting from time to time as may be required for the proper transaction of business; PROVIDED, That the day of the regular monthly meeting cannot be changed except in the manner prescribed herein for changing the place of business of the district. [1927 c 254 § 95; RRS 7402-95. Formerly RCW 89.22.110.] 89.30.283 89.30.286 Directors—Special meetings—Notice— Business permissible. Special meetings of the board may be called at any time by order of a majority of the directors. Any member not joining in said order shall be given at least a three days’ notice of such meeting, unless the same is waived in writing, which notice shall also specify the business to be transacted and the board at such special meetings shall have no authority to transact any business other than that specified in the notice, unless the transaction of any other business is agreed to in writing by all the members of the board. [1927 c 254 § 96; RRS § 7402-96. Formerly RCW 89.22.120.] 89.30.286 89.30.268 89.30.271 Official bonds, cost of. All official bonds executed by district officers under the provisions of this chapter shall be secured at the cost of the district. [1927 c 254 § 91; RRS § 7402-91. Formerly RCW 89.22.320.] 89.30.289 Directors—Meetings and records public. All meetings of the board of directors shall be public. All records of the board shall be open for the inspection of any elector of the district during business hours of the day in which any meeting of the board is held. [1927 c 254 § 97; RRS § 7402-97. Formerly RCW 89.22.130.] 89.30.289 Meetings, minutes of governmental bodies: Chapter 42.32 RCW. 89.30.271 89.30.274 Directors—Organization—President, secretary. The directors of the reclamation district shall orga89.30.274 (2008 Ed.) 89.30.292 Directors—Quorum—Action by majority. A majority of the directors shall constitute a quorum for the transaction of business and in all matters requiring action by the board, there shall be a concurrence of at least a majority of the directors. [1927 c 254 § 98; RRS § 7402-98. Formerly RCW 89.22.180, part.] 89.30.292 [Title 89 RCW—page 33] 89.30.295 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement 89.30.295 Directors—Seal, bylaws, rules. The board shall have the power and it shall be its duty to adopt a seal of the reclamation district and to establish equitable bylaws, rules and regulations for the government and management of the affairs of the district. The bylaws, rules and regulations must be printed in convenient form for distribution in the district. [1927 c 254 § 99; RRS § 7402-99. Formerly RCW 89.22.180, part.] 89.30.295 89.30.310 County treasurer is ex officio district treasurer. The county treasurer of the county in which the organization of the reclamation district was effected shall be and is hereby constituted ex officio district treasurer of said district and of any general improvement district or divisional district organized therein. [1927 c 254 § 104; RRS § 7402104. Formerly RCW 89.22.400.] 89.30.310 89.30.313 Liability of county treasurers. Any county treasurer collecting or handling funds of the district shall be liable upon his official bond and to criminal prosecution for malfeasance, misfeasance or nonfeasance in office relative to any of his duties prescribed herein. [1927 c 254 § 105; RRS § 7402-105. Formerly RCW 89.22.470.] 89.30.313 89.30.298 Compensation of directors, officers, employees. The members of the board of directors shall each receive not to exceed five dollars per day in attending the meetings, to be determined by said board, and such compensation, not exceeding five dollars per day, for other services rendered the district as shall be fixed by resolution adopted by vote of the directors and entered in the minutes of their proceedings, and in addition thereto, said directors shall receive necessary expenses in attending meetings or when otherwise engaged in district business. The board shall fix the compensation to be paid to the secretary and all other officers, agents and employees of the district. [1927 c 254 § 100; RRS § 7402-100. Formerly RCW 89.22.140.] 89.30.298 89.30.301 Interest in contracts prohibited—Penalty. No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment: PROVIDED, That nothing in this section contained shall be construed to prevent any district officer from being employed by the district as a day laborer. [1927 c 254 § 101; RRS § 7402-101. Formerly RCW 89.22.150.] 89.30.301 89.30.304 Delivery of records, etc., to successor. Every person, upon the expiration or sooner termination of his term of office as an officer of the district, shall immediately turn over and deliver, under oath, to his successor in office, all records, books, papers and other property under his control and belonging to such office. In case of the death of any officer, his legal representative shall turn over and deliver such records, books, papers and other property to the successor in office of such deceased person. [1927 c 254 § 102; RRS § 7402-102. Formerly RCW 89.22.160.] 89.30.316 County treasurers to collect assessments. It shall be the duty of the county treasurer of each county in which lands of the district are located to collect and receipt for all assessments and taxes levied as in this chapter provided, and he shall account to the district for all interest received on such funds from any public depositary with which the same may be deposited. [1927 c 254 § 106; RRS § 7402-106. Formerly RCW 89.22.420.] 89.30.316 89.30.319 Funds to be deposited with county treasurer. There shall be deposited with the county treasurer of the county in which the organization of the reclamation district was effected, all sums collected for and on account of taxes levied by the reclamation district, also all sums collected by tolls, regular annual assessments or voted special assessments, all proceeds from bond sales and all other funds belonging to the reclamation district or collected in behalf of any general improvement district or divisional district within the reclamation district, and all said funds shall be placed by the county treasurer in the appropriate fund of the district. [1927 c 254 § 107; RRS § 7402-107. Formerly RCW 89.22.410.] 89.30.319 89.30.304 89.30.307 Employees on termination to deliver records to board—Penalty. Every person hired by the district and having in his custody or under his control, in connection with his contract of hire, any records, books, papers or other property belonging to the district shall immediately upon the expiration of his services, turn over and deliver, under oath, to the district board or any member thereof, all such records, books, papers or other property. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [1927 c 254 § 103; RRS § 7402-103. Formerly RCW 89.22.170.] 89.30.322 Claims against district. Any claim against the district shall be presented to the district board for allowance or rejection. Upon allowance the claim shall be attached to a voucher verified by the claimant or his agent and approved by the president and countersigned by the secretary and directed to the county auditor of the county in which the organization of the reclamation district was effected, for the issuance of a warrant against the proper fund of the district in payment of said claim. [1927 c 254 § 108; RRS § 7402-108. Formerly RCW 89.20.060.] 89.30.322 89.30.307 [Title 89 RCW—page 34] 89.30.325 Disbursement of funds by county treasurer. Said county treasurer shall pay out the moneys received or deposited with him or any portion thereof upon warrants issued by the county auditor against the proper funds of the district except the sums to be paid out of the bond fund for principal and interest payments on bonds. [1983 c 167 § 249; 1927 c 254 § 109; RRS § 7402-109. Formerly RCW 89.22.450.] 89.30.325 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. (2008 Ed.) Reclamation Districts of One Million Acres 89.30.328 Treasurer’s monthly report. The said treasurer shall report in writing during the first week in each month to the board of directors of the district the amount of money held by him, the amount in each fund, the amount of receipts for the month preceding in each fund and the amount or amounts paid out of each fund, and said report shall be filed with the secretary of the district. [1927 c 254 § 110; RRS § 7402-110. Formerly RCW 89.22.440.] 89.30.328 89.30.331 Secretary’s monthly report of expenditures. The secretary shall also report to the board in writing during the first week in each month, the amount and items of expenditures during the preceding month and said report shall be filed in the office of the board. [1927 c 254 § 111; RRS § 7402-111. Formerly RCW 89.22.330.] 89.30.331 89.30.334 Elections—When general held. General elections may be held in the reclamation district at the same time that general state and county elections are held to determine any proposition that may be legally submitted to the electors. [1927 c 254 § 112; RRS § 7402-112. Formerly RCW 89.22.570.] 89.30.334 89.30.337 Elections—When special held. Special elections may be held at any time upon resolution of the district board. [1927 c 254 § 113; RRS § 7402-113. Formerly RCW 89.22.580.] 89.30.337 89.30.340 Elections—How noticed and conducted. Notice of any general or special reclamation district election held under the provisions of this chapter shall be given by the same officials in the same manner and for the same length of time, and said election shall be provided for, held and conducted by the same officials and the results thereof determined by the same officials in the same manner and with the same force and effect as nearly as may be as that provided by the general laws of the state of Washington relating to state and county elections. [1927 c 254 § 114; RRS § 7402-114. Formerly RCW 89.22.590.] 89.30.340 89.30.343 Elections—Voting precincts. All county voting precincts lying wholly within the reclamation district shall also constitute the voting precincts of such district. In any instance where the county voting precinct lies only partly within the district, that part of the county voting precinct lying within the reclamation district shall constitute the voting precinct of such district. [1927 c 254 § 115; RRS § 7402115. Formerly RCW 89.22.660.] 89.30.343 89.30.346 Elections—Polling places. The polling places for the county voting precincts shall also be the polling places for all voting precincts of the reclamation district, which coincide with or are a part of said county voting precincts. [1927 c 254 § 116; RRS § 7402-116. Formerly RCW 89.22.670.] 89.30.346 89.30.349 Elections—Polls outside district precinct. No reclamation district election, otherwise regular, shall be invalid by reason of the fact that some of the polling places for said election were located outside the district voting pre89.30.349 (2008 Ed.) 89.30.370 cinct. [1927 c 254 § 117; RRS § 7402-117. Formerly RCW 89.22.680.] 89.30.352 Elections—List of registered voters. The registration clerk of any county voting precinct, partially included in a reclamation district voting precinct, is hereby authorized and it shall be his duty to prepare and certify at the expense of the district a poll list of all registered voters of said reclamation district voting precinct and to attach the same to the poll books for his county voting precinct. [1927 c 254 § 118; RRS § 7402-118. Formerly RCW 89.22.690.] 89.30.352 89.30.355 Elections—Certification of propositions. At least thirty days prior to any general district election, the secretary of the reclamation district shall certify to the county auditor of each county in which the election is to be held, any proposition to be voted on in such precincts. [1927 c 254 § 119; RRS § 7402-119. Formerly RCW 89.22.710.] 89.30.355 89.30.358 Elections—Ballots to be separate. The reclamation district ballot for any district election shall be separate from that for any other election held at the same time and place and shall be printed by the county auditor of each county concerned. [1927 c 254 § 120; RRS § 7402-120. Formerly RCW 89.22.720.] 89.30.358 89.30.361 Elections—Checking names of voters against registration list. In any case where the reclamation district voting precinct includes only part of the county voting precinct, the precinct election officials for said precinct shall check the names of the electors offering to vote the district election against the registered poll list attached to the registration book, and any said elector whose name appears on said poll list shall receive a district ballot and shall be entitled to vote at said district election. [1927 c 254 § 121; RRS § 7402-121. Formerly RCW 89.22.700.] 89.30.361 89.30.364 Elections—Returns—Canvassing boards. Precinct election officials shall make return of reclamation district elections to their respective county canvassing boards, which boards are hereby constituted canvassing boards for all district voting precincts in their respective counties. [1927 c 254 § 122; RRS § 7402-122. Formerly RCW 89.22.730.] 89.30.364 89.30.367 Elections—Abstract of result. Immediately upon conclusion of the canvass of the returns of the reclamation district election held in the precincts located in his county, the county auditor shall mail to the chairman of said district board, an abstract of the result of said district election in his county. [1927 c 254 § 123; RRS § 7402-123. Formerly RCW 89.22.740, part.] 89.30.367 89.30.370 Elections—District board to tabulate abstracts and declare result. Upon receipt of all the required abstracts of any said reclamation district election, the district board shall meet and tabulate the same, and by resolution declare the result of the district election. [1927 c 254 § 124; RRS § 7402-124. Formerly RCW 89.22.740, part.] 89.30.370 [Title 89 RCW—page 35] 89.30.373 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement 89.30.373 Director district to be represented on board. Each director district shall be entitled to representation on the reclamation district board. [1927 c 254 § 125; RRS § 7402-125. Formerly RCW 89.22.020, part.] said respective county, at the same time general state and county taxes are assessed, property values equalized and taxes levied respectively. [1927 c 254 § 132; RRS § 7402132. Formerly RCW 89.26.020.] 89.30.376 Election of subsequent directors. At the time of the general state and county election next prior to the expiration of the term of office of any director representing a director district on the reclamation district board, a candidate for such position shall be elected from such director district by the electors of such district. [1927 c 254 § 126; RRS § 7402-126. Formerly RCW 89.22.610.] 89.30.397 Annual tax—How collected. Taxes so levied shall become a part of the general tax roll of the county and shall be collected and the property charged therewith sold in the same manner, at the same time, with the same penalties attached in case of delinquency, as the general state and county tax, and the proceeds thereof credited to the reclamation district in the office of the county treasurer of the county in which the organization of the reclamation district was effected, as herein provided. [1927 c 254 § 133; RRS § 7402133. Formerly RCW 89.26.030.] 89.30.373 89.30.376 89.30.379 Director district elections. Director district elections shall be provided for, noticed, conducted, canvassed and abstracts of the returns mailed to the reclamation district board, by the same respective officials and in the same manner substantially, the voters thereat shall have the same qualifications and shall vote at the same respective polling places, as that provided herein for general reclamation district elections held in said director districts. [1927 c 254 § 127; RRS § 7402-127. Formerly RCW 89.22.640.] 89.30.379 89.30.382 Declaration of candidacy for board—Fee. Any qualified resident elector of any director district which is entitled at that time to elect a candidate for the office of reclamation district director may become a candidate for such office by filing, at least thirty days prior to the election, his declaration of candidacy with the county auditor of his county and by paying a fee of one dollar for said filing. [1927 c 254 § 128; RRS § 7402-128. Formerly RCW 89.22.620.] 89.30.382 89.30.397 89.30.400 Debt limit—General. Reclamation districts created under the provisions of this chapter are hereby authorized and empowered to contract indebtedness for district purposes in any manner, when they deem it advisable, not exceeding an amount, together with the existing nonvoter approved indebtedness of such district, of three-fourths of one percent of the value of the taxable property in such district, as the term "value of the taxable property" is defined in RCW 39.36.015. [1984 c 186 § 63; 1970 ex.s. c 42 § 38; 1927 c 254 § 134; RRS § 7402-134. Formerly RCW 89.26.060.] 89.30.400 Purpose—1984 c 186: See note following RCW 39.46.110. Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. 89.30.403 Exceeding debt limit—Procedure. Such reclamation districts may contract indebtedness for strictly district purposes in excess of the amount specified in the preceding section, but not exceeding in amount, together with existing indebtedness, two and one-half percent of the value of the taxable property, as the term "value of the taxable property" is defined in RCW 39.36.015, whenever threefifths of the voters therein voting at an election held for that purpose assent thereto. Elections shall be held as provided in RCW 39.36.050. [1984 c 186 § 64; 1970 ex.s. c 42 § 39; 1927 c 254 § 135; RRS § 7402-135. Formerly RCW 89.26.070.] 89.30.403 89.30.385 Ballots for director. The ballots for the election of any reclamation district director shall contain the names of all candidates for such office, who have filed and paid the fee for their respective declarations as aforesaid. [1927 c 254 § 129; RRS § 7402-129. Formerly RCW 89.22.630.] 89.30.385 89.30.388 District elections—Primary law not to apply. The provisions of the law of the state relating to primary elections shall not apply to district elections authorized in this chapter. [1927 c 254 § 130; RRS § 7402-130.] 89.30.388 Purpose—1984 c 186: See note following RCW 39.46.110. 89.30.391 Annual tax—Authorization. For the purpose of raising revenue for any of the purposes of the reclamation district, an annual tax shall be levied on all the taxable real and personal property within the district: PROVIDED, That no such tax shall be levied without the approval of the electors of said district at a general election, or at a special election called for that purpose. [1933 c 149 § 14; 1927 c 254 § 131; RRS § 7402-131. Formerly RCW 89.26.010.] 89.30.391 89.30.394 Annual tax—How equalized and levied. Said taxes shall be assessed by the county assessors of each county in which any land within the reclamation district is situated, the valuations of the property assessed shall be equalized by the board of equalization of each said respective county, and the levy made on estimates furnished by the district board, by the board of county commissioners of each 89.30.394 [Title 89 RCW—page 36] Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015. 89.30.412 General obligation bonds—Authorized. The reclamation district board shall have authority to evidence district indebtedness by the issuance and sale of negotiable general obligation bonds of the district. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1984 c 186 § 65; 1983 c 167 § 250; 1927 c 254 § 138; RRS § 7402-138. Formerly RCW 89.26.200.] 89.30.412 Purpose—1984 c 186: See note following RCW 39.46.110. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.427 Special fund from fixed income—Bonds payable from special fund—Contract to purchase or lease 89.30.427 (2008 Ed.) Reclamation Districts of One Million Acres electricity—Powers of reclamation district conferred. (1) In any instance where the district, general improvement or divisional district is selling, renting or leasing water or electric energy under the provisions of this chapter and there is reasonable certainty of a permanent fixed income from this source, the district board shall have authority to create a special fund derived from a fixed proportion of the gross income thus obtained and to issue bonds of the district payable from such special fund and to sell the same to raise revenue for the payment or amortization of the cost of the construction and/or the operation and maintenance of the reclamation district or general improvement or divisional district works and for such other purposes as the state of Washington and/or the United States may require: PROVIDED, That the state of Washington may, through the director of ecology, enter into a contract with the reclamation district, improvement or divisional district or districts or the United States to purchase, rent or lease and to sell or resell and/or distribute all or any part of the electric energy developed or to be developed at the reclamation, improvement or divisional district works at a price sufficient to amortize the cost of power development over a period of fifty years after the completion of such power development and to provide a surplus sufficient to reduce the cost of reclaiming the lands of the district or districts within economic limits: AND PROVIDED FURTHER, That no contract or contracts as in this section provided shall be finally consummated or become binding in any way whatsoever until the legislature of the state of Washington in special or regular session shall approve the same, and provided further in such sale and/or distribution of power by the director of ecology preference in the purchase and/or distribution thereof shall be given to municipal corporations and cooperative associations: AND PROVIDED FURTHER, That general improvement and divisional districts shall have (in addition to the powers granted them in chapter 254 of the Session Laws of 1927 and in this act) the same powers as are given to the reclamation districts under RCW 89.30.007. (2) Such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 254; 1933 c 149 § 15; 1927 c 254 § 143; RRS § 7402-143. Formerly RCW 89.24.270, 89.24.590 and 89.26.250.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.430 Special fund from fixed income—Contents—Pledge of income—Not district obligation. Bonds payable from such special fund shall not be an obligation of the reclamation district and they shall state on their face that they are payable solely from a special fund derived from a certain fixed proportion (naming it) of the gross income derived by the district from the sale, rent or lease of water or power, as the case may be, and such fixed proportion of such gross income shall be irrevocably devoted to the payment of such bonds until the same are fully paid. [1927 c 254 § 144; RRS § 7402-144. Formerly RCW 89.26.260.] 89.30.448 istered bonds as provided in RCW 39.46.030, and shall be payable, with annual or semiannual interest at a rate or rates the board shall provide: PROVIDED, That such bonds may also be issued in accordance with chapter 39.46 RCW. [1983 c 167 § 255; 1981 c 156 § 33; 1933 c 149 § 16; 1927 c 254 § 145; RRS § 7402-145. Formerly RCW 89.26.270.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.436 General improvement districts—Authorized. In any instance where the construction, reconstruction, betterment or extension of power and/or irrigation works or the acquisition of property and rights therein appropriate for the purpose of carrying out the provisions of this chapter, will specially benefit any or all the lands within the reclamation district susceptible of irrigation, the district board shall have authority to organize said lands into a general improvement district and to provide for the levy and collection of special assessments against said lands to raise revenue in support of any or all of said purposes. [1933 c 149 § 17; 1927 c 254 § 146; RRS § 7402-146. Formerly RCW 89.24.050.] 89.30.436 89.30.439 89.30.439 General improvement districts—Resolution, survey and investigation. For the purpose of organizing such an improvement district, the district board shall pass a resolution outlining in general terms the proposed improvement to be constructed or property or rights to be acquired, finding that the same will be of special benefit to any or all the lands susceptible of irrigation within the reclamation district, and ordering a survey and investigation with respect to the matter. [1927 c 254 § 147; RRS § 7402-147. Formerly RCW 89.24.060.] 89.30.442 General improvement districts—Cost of survey and investigation—Limitation of levy. The cost of making said survey and investigation shall be paid from any funds available for the purpose in the treasury of the reclamation district; PROVIDED, That the annual tax levy made by the reclamation district for such purpose shall not exceed one mill in any year. [1927 c 254 § 148; RRS § 7402-148. Formerly RCW 89.24.070.] 89.30.442 89.30.430 89.30.445 89.30.445 General improvement districts—Board may make survey and investigation. The district board shall have full authority to make such survey and investigation as in its judgment shall be necessary to obtain reliable information upon which to determine whether the proposed improvement shall be made or property or rights acquired, and for this purpose the district board shall employ such services of every nature as may be required. [1927 c 254 § 149; RRS § 7402-149. Formerly RCW 89.24.080.] 89.30.448 General improvement districts—Contract with state or United States for survey and investigation. The district board shall also have authority to enter into contracts with the proper department of the state of Washington or the federal government, to make such survey and investigation, or any part of same or to render any other service as 89.30.448 89.30.433 Special fund from fixed income—Maturity—Form—Interest rates. Said bonds shall mature in series amortized in a definite schedule during a period not to exceed sixty years from the date of their issuance, shall be in such denominations and form including bearer bonds or reg89.30.433 (2008 Ed.) [Title 89 RCW—page 37] 89.30.451 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement may be deemed advisable. [1927 c 254 § 150; RRS § 7402150. Formerly RCW 89.24.090.] 89.30.451 89.30.451 General improvement districts—Report on survey and investigation—Estimate of cost. Upon the completion of said survey and investigation, the district board shall cause to be filed in its office a written report of the same. Said report shall specify the character of the proposed improvement to be made, or property or rights to be acquired, shall state in reasonable detail the probable cost of same, including integral parts thereof: PROVIDED, That such estimate of the cost shall be held to be preliminary only and shall not be binding as a limit on the amount that may be expended in carrying out the proposed project. Said report shall also outline a plan for financing the proposed project, shall contain any recommendations that may be deemed advisable, and shall be identified by the signature of the secretary of the district as the official report of the survey and investigation in the proceedings to organize said improvement district. [1927 c 254 § 151; RRS § 7402-151. Formerly RCW 89.24.100.] 89.30.454 89.30.454 General improvement districts—Notice for hearing on report. The district board shall thereupon fix a time and place for a hearing on said report and shall cause notice of said hearing to be published in the same manner and for the same length of time as provided herein in case of notice of hearing on the petition to organize the reclamation district. [1927 c 254 § 152; RRS § 7402-152. Formerly RCW 89.24.110.] 89.30.457 89.30.457 General improvement districts—Contents of notice for hearing. Said notice shall state that all or part of the lands included in the reclamation district (naming it) are proposed to be organized as a general improvement district for the purpose of making a certain improvement (stating its nature generally) or acquiring certain property or rights (naming the same) as the case may be, that the lands within the proposed improvement district (where part only of the lands in the reclamation district are to be included, such part shall be described in township, ranges and where necessary in lesser legal subdivisions) are to be assessed to pay for said improvement, or property or rights therein; that a report containing further information concerning the matter is on file in the office of the board of the reclamation district and may be inspected at any time, during business hours, by any interested person; that a hearing thereon will be held (stating the time and place); that all persons interested may appear before the board at the time and place named in the notice and show cause, if any they have, why the proposed district should not be organized, the proposed project carried out, and said lands assessed for that purpose. Said notice shall be signed by the secretary of the reclamation district. [1927 c 254 § 153; RRS § 7402-153. Formerly RCW 89.24.120.] hearing from time to time and place to place. [1927 c 254 § 154; RRS § 7402-154. Formerly RCW 89.24.130.] 89.30.463 General improvement districts—Objections and evidence at hearing. At said hearing, the district board shall hear all objections and receive all pertinent evidence offered and shall, in any event, receive evidence as to whether all the lands included in the proposed improvement district will be benefited by the proposed project. [1927 c 254 § 155; RRS § 7402-155. Formerly RCW 89.24.140.] 89.30.463 89.30.466 General improvement districts—Change of plans. The district board at said hearing may adopt, or for good reason, change, add to or modify the plans for the system of improvement, and shall exclude lands not benefited; said board shall have full authority to determine all the questions properly before it at said hearing. [1927 c 254 § 156; RRS § 7402-156. Formerly RCW 89.24.150.] 89.30.466 89.30.469 General improvement districts—Order on approval. If at said hearing the district board approves the plan of improvement or acquisition of property or rights therein, it shall make and enter an order to that effect, shall specify the lands that will be specially benefited by the proposed project and shall declare the improvement district duly organized under the name of general improvement district No. . . . . of . . . . . . reclamation district. [1927 c 254 § 157; RRS § 7402-157. Formerly RCW 89.24.160.] 89.30.469 89.30.472 General improvement districts—Findings conclusive, exception. The finding of the board that the lands included within the general improvement district will be benefited by the proposed improvement or acquisition of property or rights therein, shall be a legislative determination that such lands will be specially benefited to the extent necessary to pay in full all costs and obligations of every nature required in making and maintaining such improvement or for the acquisition of property or rights, and such determination shall be conclusive upon the courts, except for actual fraud or arbitrary action on the part of the district board when making such finding as to lands benefited. [1927 c 254 § 158; RRS § 7402-158. Formerly RCW 89.24.170.] 89.30.472 89.30.475 General improvement districts—Special benefits deemed continuing. The special benefits conferred upon the lands involved in the general improvement district by any such improvement or by the acquisition of any property or rights therein shall not be deemed to accrue at any one time but shall be deemed to be benefits continuing throughout the period of the life of the project, which render said lands subject to assessment, from year to year as herein provided, to pay for and carry out the object for which such improvement was made or property or rights therein acquired. [1927 c 254 § 159; RRS § 7402-159. Formerly RCW 89.24.180.] 89.30.475 89.30.460 89.30.460 General improvement districts—Hearing—Adjournments. On the date set for said hearing, the district board shall meet at the place designated in the notice, and if it appears that due notice of such hearing has been given, shall proceed with the hearing and may adjourn said [Title 89 RCW—page 38] 89.30.478 General improvement districts—Powers of board—Act on behalf of improvement or divisional district not to render reclamation district liable. The board of directors of the reclamation district shall have full 89.30.478 (2008 Ed.) Reclamation Districts of One Million Acres authority to manage and conduct the business affairs of the general improvement district, to employ and appoint such agents, officers and employees as may be necessary and prescribe their duties, to establish reasonable bylaws, rules and regulations for the government and management of the affairs of the improvement district, and generally to perform any and all acts necessary to carry out the purpose of the general improvement district: PROVIDED, That no act done nor contract entered into by the district board for or in behalf of any improvement district or in behalf of any divisional district herein authorized, shall in any manner bind the reclamation district or render the same liable except as herein specifically provided, but such act or contract shall be chargeable exclusively to the lands of the improvement district or divisional district concerned. [1927 c 254 § 160; RRS § 7402160. Formerly RCW 89.24.190.] 89.30.481 Power of board as to assessments in improvement or divisional districts. Said district board shall have authority to levy assessments as herein provided against the benefited lands included within the operation of the general improvement or divisional district for any of the objects or purposes for which the general improvement or divisional district was organized. [1927 c 254 § 161; RRS § 7402-161. Formerly RCW 89.24.260.] 89.30.508 divisional district, shall be in addition to and independent of any assessments, contracts, evidences of indebtedness, or obligations arising in behalf of any general improvement district, authorized under the provisions of this chapter. [1927 c 254 § 165; RRS § 7402-165. Formerly RCW 89.24.230.] 89.30.496 Divisional districts—Assessments, contracts, etc. The district board and other proper officers shall have authority to levy and collect assessments against the lands included in any said divisional district, enter into contracts, issue evidences of indebtedness, and do everything that may be necessary to carry out the purposes of the divisional district organization, in similar form and manner as that provided in this chapter with respect to general improvement districts. [1927 c 254 § 166; RRS § 7402-166. Formerly RCW 89.24.240.] 89.30.496 89.30.481 89.30.484 Divisional districts—Authorized. For the purpose of carrying out any of the objects for which a reclamation district may be created and maintained, under the provisions of this chapter in units of development of lesser area than that contemplated in the organization of a general improvement district, the district board shall have authority to organize the lands susceptible of irrigation in one or more of such units of development, into divisional districts. [1927 c 254 § 162; RRS § 7402-162. Formerly RCW 89.24.200.] 89.30.484 89.30.487 Divisional districts—Powers of board, officers and electors. All the powers which the district board, other officers and the electors therein, now or shall hereafter have under the provisions of this chapter to organize, manage, finance and operate a general improvement district, said board, other officers and said electors, shall have to organize, manage, finance and operate divisional districts, and such divisional districts may be organized, managed, financed and operated to develop and improve the lands susceptible of irrigation within their operation for any of the purposes for which a general improvement district may be organized, managed, financed and operated. [1927 c 254 § 163; RRS § 7402-163. Formerly RCW 89.24.210.] 89.30.487 89.30.490 Divisional districts—Organization. Divisional districts shall be organized in the same manner as that provided herein for the organization of general improvement districts. [1927 c 254 § 164; RRS § 7402-164. Formerly RCW 89.24.220.] 89.30.490 89.30.493 Divisional districts—Liability. Any assessments levied against the lands included in any said divisional district, any contracts entered into, any evidences of indebtedness issued, or obligations arising, in behalf of any said 89.30.493 (2008 Ed.) 89.30.499 89.30.499 Exclusion of nonirrigable lands from general improvement or divisional districts—Petition—Prior obligations. In any instance in which any tract of land not susceptible of irrigation in its natural state has been included in any general improvement district or divisional district herein authorized through inadvertency or mistake on the part of the district board at the time of the organization of such general improvement district or divisional district, the same may be excluded from the district concerned by a petition made by the owner or owners thereof and filed with the district board: PROVIDED, That the exclusion of said land or lands shall not relieve the same of its obligation to pay assessments for bonds outstanding at the time said petition is filed with the district board without written consent of the holders of said bonds. [1927 c 254 § 167; RRS § 7402-167. Formerly RCW 89.24.400.] 89.30.502 89.30.502 Exclusion of nonirrigable lands from general improvement or divisional districts—Time for hearing—Notice. Upon the receipt of any petition for exclusion of lands from any general improvement district or divisional district, the board shall fix a time and place for hearing said petition and give notice thereof at the expense of the landowner concerned by publication in a newspaper of general circulation published in the county where the lands petitioned to be excluded are situated, for a period of two weeks (three issues) prior to the date of the hearing. [1927 c 254 § 168; RRS § 7402-168. Formerly RCW 89.24.410.] 89.30.505 89.30.505 Exclusion of nonirrigable lands from general improvement or divisional districts—Hearing. At the time and place named in the notice, the board shall consider the petition and shall have full authority to grant or deny the same. [1927 c 254 § 169; RRS § 7402-169. Formerly RCW 89.24.420.] 89.30.508 89.30.508 Exclusion of nonirrigable lands from general improvement or divisional districts—Levy to pay bonds preserved. In the event that there are outstanding bonds, the board shall have authority, if it believes that the petition should otherwise be granted, to grant the same for all purposes except that of the levy of assessments to pay the [Title 89 RCW—page 39] 89.30.511 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement principal and interest of outstanding bonds. [1927 c 254 § 170; RRS § 7402-170. Formerly RCW 89.24.430.] Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 89.30.511 Exclusion of nonirrigable lands from general improvement or divisional districts—Unconditional relief—Effect. In the event that a petition for exclusion as herein provided is unconditionally granted by the district board, said land shall thereafter be relieved from any obligation to pay special assessments levied in behalf of the district from which the same is excluded. [1927 c 254 § 171; RRS § 7402-171. Formerly RCW 89.24.440.] 89.30.523 Negotiable bonds of general improvement or divisional district—Obligation of improvement and divisional district—Reclamation district not obligated— Deferred assessments. Such bonds shall not constitute an obligation of the reclamation district and shall so specify on their face, but said bonds shall constitute a general obligation of the general improvement or divisional district for the benefit of which the same are issued and all the lands included in such general improvement or divisional district shall be and remain liable to be assessed for their payment until the principal and interest of said bonds are fully paid: PROVIDED, That in case the plan of improvement contemplates the construction of units progressively, the levy and collection of assessments against lands in any undeveloped unit, may at the option of the district board be deferred until such lands are sufficiently developed to equitably bear such exactions. [1927 c 254 § 175; RRS § 7402-175. Formerly RCW 89.26.500.] 89.30.523 89.30.511 89.30.514 Exclusion of nonirrigable lands from general improvement or divisional districts—Power to reduce assessments. In the event that lands petitioned to be excluded cannot be relieved of the obligation to pay assessments for outstanding bonds, the board shall have authority, when sitting as a board of equalization, to make an equitable reduction in the amount of assessments levied against such land for bond purposes. [1927 c 254 § 172; RRS § 7402-172. Formerly RCW 89.24.450.] 89.30.514 89.30.526 Negotiable bonds of general improvement or divisional district—Election, how conducted. Elections held in a general improvement or divisional district for the purpose of determining whether bonds of the district shall be issued, shall except as otherwise herein provided, be called by the district board, shall be provided for, noticed, conducted and the results thereof determined in the same manner and by the same officers respectively in each county concerned as nearly as may be as provided in the general election laws of the state for special municipal and district elections. [1927 c 254 § 176; RRS § 7402-176. Formerly RCW 89.26.410.] 89.30.526 89.30.517 Negotiable bonds of general improvement or divisional district—Authorized. (1) For the purpose of furthering or carrying out any of the objects for which a general improvement or divisional district was organized, for the purpose of raising additional moneys for that purpose or for refunding outstanding improvement or divisional district bonds, the district board shall have authority to issue and sell negotiable bonds in such amounts as shall be approved by the electors of the general improvement or divisional district at an election called for that purpose, as herein provided. (2) Notwithstanding the provisions of RCW 89.30.520 through 89.30.568, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 256; 1927 c 254 § 173; RRS § 7402-173. Formerly RCW 89.26.400.] 89.30.517 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.520 Negotiable bonds of general improvement or divisional district—Form, contents, payment, interest. (1) Bonds issued under the provisions of this chapter shall be negotiable, serial bonds, in such series, maturities and denominations as the board shall determine, payable in legal currency of the United States, at such place as the board shall provide, from funds derived from the levy and collection of special assessments against the benefited lands within the operation of the general improvement or divisional district and shall draw interest at a rate or rates as the board shall authorize. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. (2) Notwithstanding subsection (1) of this section, such bonds may be issued in accordance with chapter 39.46 RCW. [1983 c 167 § 257; 1970 ex.s. c 56 § 103; 1969 ex.s. c 232 § 62; 1927 c 254 § 174; RRS § 7402-174. Formerly RCW 89.26.480.] 89.30.520 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. [Title 89 RCW—page 40] 89.30.529 Negotiable bonds of general improvement or divisional district—Election precincts and officials. The several county election boards of the respective counties concerned shall have full authority and it shall be their duty to establish election precincts within the general improvement or divisional district for such bond elections and to appoint the necessary election officials, and to do such other things as may be necessary and proper for the holding of such an election: PROVIDED, That wherever possible the regular county voting precincts, polling places and election officials shall be used for said elections. [1927 c 254 § 177; RRS § 7402-177. Formerly RCW 89.26.420.] 89.30.529 89.30.532 Negotiable bonds of general improvement or divisional district—Contents of notice of election. Notice of said election shall state the amount and maturities of the proposed bonds and in general terms the objects for which said bonds are to be issued, shall specify any precincts and the location of any polling places other than the regular county precincts and polling places therein, shall state that the polling places will be open from eight o’clock a.m. to eight o’clock p.m. on the day of said election and shall be signed by the clerk of said respective county election boards. [1927 c 254 § 178; RRS § 7402-178. Formerly RCW 89.26.430.] 89.30.532 (2008 Ed.) Reclamation Districts of One Million Acres 89.30.535 Negotiable bonds of general improvement or divisional district—Notice and election in nonassessable area. Where any nonassessable area is situated within any voting precinct within the general improvement or divisional district, any notice or other announcement required by law to be posted, may be so posted in such area, and any election held or to be held pursuant to the provisions of this chapter, may be held within such area. [1927 c 254 § 179; RRS § 7402-179. Formerly RCW 89.26.440.] 89.30.535 89.30.574 89.30.553 Negotiable bonds of general improvement or divisional district—Public or private sale—Payment in property, labor, etc. Such bonds, or any portion thereof, may be sold at public or private sale, and property or property rights, labor and material, necessary to carry out the objects and purposes of said bond issue may be received by the district board in payment therefor. [1927 c 254 § 185; RRS § 7402-185. Formerly RCW 89.26.540.] 89.30.553 89.30.556 Negotiable bonds of general improvement or divisional district—Negotiability—Execution. (1) All general improvement or divisional district bonds issued under the provisions of this chapter shall be negotiable in form, shall be signed by the president of the reclamation district board and secretary of said district and shall have the seal of the district impressed thereon. (2) Notwithstanding subsection (1) of this section, such bonds may be issued in accordance with chapter 39.46 RCW. [1983 c 167 § 260; 1927 c 254 § 186; RRS § 7402-186. Formerly RCW 89.26.490.] 89.30.556 89.30.538 Negotiable bonds of general improvement or divisional district—Mailing returns—Canvass. The election officials for every voting precinct for said bond elections shall mail their returns to the county election board of the county in which such precincts are located, and such board shall canvass the returns of said election. [1927 c 254 § 180; RRS § 7402-180. Formerly RCW 89.26.450.] 89.30.538 89.30.541 Negotiable bonds of general improvement or divisional district—Abstract of election results. Immediately upon the canvass of said election, the county auditors of the several counties concerned shall mail an abstract of the result of said election in the precincts of their respective counties to the board of directors of the reclamation district. [1927 c 254 § 181; RRS § 7402-181. Formerly RCW 89.26.460.] 89.30.541 89.30.544 Negotiable bonds of general improvement or divisional district—Resolution authorizing issuance of bonds. The reclamation district board shall tabulate said abstracts of election returns and if it appears that a majority of the votes cast at any such election are in favor of the proposition submitted at said election, the board shall so declare and enter a resolution authorizing the issuance of bonds in the amounts and maturities and for the objects proposed. Such bonds may be issued in accordance with chapter 39.46 RCW. [1983 c 167 § 258; 1927 c 254 § 182; RRS § 7402-182. Formerly RCW 89.26.470.] 89.30.544 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.547 Negotiable bonds of general improvement or divisional district—Sale or exchange price. (1) General improvement or divisional district bonds issued under the provisions of this chapter shall not be sold for less than ninety percent of their par value, and refunding bonds shall not be sold or exchanged for less than their par value. (2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW. [1983 c 167 § 259; 1927 c 254 § 183; RRS § 7402-183. Formerly RCW 89.26.520.] 89.30.547 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.550 Negotiable bonds of general improvement or divisional district—Pledge of bonds to United States. Such bonds may be pledged to the United States under any contract with the United States authorized by federal statute, for the purpose of furthering any of the objects and purposes of the district organization. [1927 c 254 § 184; RRS § 7402184. Formerly RCW 89.26.530.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.565 Negotiable bonds of general improvement or divisional district—Moneys paid to county treasurer. The proceeds of bond sales for cash shall be paid by the purchaser to the county treasurer of the county in which the organization of the district was effected or to his duly authorized agent and credited to the proper fund. [1927 c 254 § 189; RRS § 7402-189. Formerly RCW 89.26.560.] 89.30.565 89.30.568 Negotiable bonds of general improvement or divisional district—Bonds paramount lien on moneys in fund. Bonds issued for or in behalf of any general improvement district or any divisional district under the provisions of this chapter, shall constitute a lien upon the moneys in any fund set apart for their payment paramount and superior to that of any other obligation of whatsoever nature against said fund except that of a prior bond issue payable from said fund. [1927 c 254 § 190; RRS § 7402-190. Formerly RCW 89.26.570.] 89.30.568 89.30.571 Assessments in general improvement or divisional district—Annual ad valorem basis. Assessments made in order to carry out the purposes of any general improvement district or of any divisional district, authorized in this chapter, shall be made annually on an ad valorem basis against the lands and improvements thereon, included within the operation of any such district; PROVIDED, That in assessing lands having and using a water right independent of the district system, the value of such water right shall be deducted from the assessable value of said lands. [1927 c 254 § 191; RRS § 7402-191. Formerly RCW 89.26.720.] 89.30.571 89.30.550 (2008 Ed.) 89.30.574 Assessments in general improvement or divisional district—Assessment roll. On or before the first Tuesday in November of each year, the secretary of the district shall prepare and file with the district board for the use of any general improvement or divisional district authorized under this chapter, an assessment roll on which must be listed 89.30.574 [Title 89 RCW—page 41] 89.30.577 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement all the assessable property within such general improvement or divisional district. [1927 c 254 § 192; RRS § 7402-192. Formerly RCW 89.26.700.] 89.30.577 Assessments in general improvement or divisional district—Contents of assessment roll. On such assessment roll must be specified in separate columns, under appropriate headings, the following: (1) The name of the person to whom the property is assessed, if not known then to "unknown owners". (2) Land by township, range, section or fractional section and when such land is not a congressional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, locality, and the improvements thereon. (3) City and town lots, naming the city or town, and the number and block according to the system of numbering in such city or town, and the improvements thereon. (4) The cash value of real estate other than city or town lots. (5) The cash value of improvements on such real estate. (6) The cash value of city and town lots. (7) The cash value of improvements on city and town lots. (8) The total value of all property assessed. (9) The total value of all property after equalization by the board of directors. (10) Such other things as the board of directors may require. [1927 c 254 § 193; RRS § 7402-193. Formerly RCW 89.26.710.] 89.30.577 89.30.580 Assessments in general improvement or divisional district—Basis of valuation. The value of such lands and improvements thereon shown on the county general tax roll, last equalized, shall be taken as the basis of valuation wherever possible in preparing said district assessment roll. [1927 c 254 § 194; RRS § 7402-194. Formerly RCW 89.26.730.] 89.30.580 89.30.583 Assessments in general improvement or divisional district—Valuation of lands not on tax roll. Lands and improvements not shown on the county general tax roll shall be given such valuation on the district assessment roll as the secretary shall determine having regard to the equalized valuation of similar private lands in the vicinity for general tax purposes. [1927 c 254 § 195; RRS § 7402-195. Formerly RCW 89.26.740, part.] 89.30.583 89.30.586 Assessments in general improvement or divisional district—Values on roll are conclusive, when. The values of land fixed by the secretary on the district assessment roll shall be conclusive upon all persons unless challenged before the district board at the time of the equalization of said roll. [1927 c 254 § 196; RRS § 7402-196. Formerly RCW 89.26.740, part.] 89.30.586 89.30.589 Assessments in general improvement or divisional district—Assessments for prior years— Expense for delinquencies. Any property which may have escaped assessment for any year or years shall in addition to 89.30.589 [Title 89 RCW—page 42] the assessment for the then current year be assessed for such year or years with the same effect and with the same penalties as are provided for such current year, and any property delinquent in any year may be directly assessed during the current year for any expense caused the district on account of such delinquency. [1927 c 254 § 197; RRS § 7402-197. Formerly RCW 89.26.750.] 89.30.592 89.30.592 Assessments in general improvement or divisional district—Roll to segregate lands as to counties. Where the general improvement or divisional district embraces lands lying in more than one county, the assessment roll shall be so arranged that the lands lying in each county shall be segregated and grouped according to the county in which the same are situated. [1927 c 254 § 198; RRS § 7402-198. Formerly RCW 89.26.760.] 89.30.595 89.30.595 Assessments in general improvement or divisional district—Roll to district board—Notice of equalization. On or before the first Tuesday in November each year, the secretary shall complete the general improvement or divisional district assessment roll and deliver it to the district board who shall immediately direct the secretary to give a notice thereof and of the time the board of directors, acting as a board of equalization, will meet to equalize assessments, by publication in a newspaper in each of the counties comprising such district. [1927 c 254 § 199; RRS § 7402-199. Formerly RCW 89.26.770.] 89.30.598 89.30.598 Assessments in general improvement or divisional district—Time for equalization meeting— Inspection of roll. The time fixed for said meeting shall not be less than twenty nor more than thirty days from the day of the first publication of the notice and in the meantime the assessment roll shall remain in the office of the secretary for the inspection of all persons interested. [1927 c 254 § 200; RRS § 7402-200. Formerly RCW 89.26.780.] 89.30.601 89.30.601 Assessments in general improvement or divisional district—Hearing before equalization board— Authority. Upon the day specified in the notice of the meeting of the board of equalization, the board of directors which is hereby constituted a board of equalization for that purpose, shall meet and continue in session from day to day as long as may be necessary, not to exceed ten days exclusive of Sundays, to hear and determine such objections to the valuation and assessment as may come before them and the board may change the valuation as may be just. [1927 c 254 § 201; RRS § 7402-201. Formerly RCW 89.26.790.] 89.30.604 Assessments in general improvement or divisional district—Changes on roll to be noted—Completed roll to county treasurers. The secretary shall be present during the sessions of the board of equalization, and note all changes made in the valuation of property and in the names of the persons whose property is assessed and on or before the first day of January next following, he shall complete the assessment roll as finally equalized by the board and deliver the segregations of the same to the respective county 89.30.604 (2008 Ed.) Reclamation Districts of One Million Acres treasurers concerned. [1927 c 254 § 202; RRS § 7402-202. Formerly RCW 89.26.800.] 89.30.607 Assessments in general improvement or divisional district—Annual levy for bonds and interest. The board of directors shall in each year before said assessment roll for any general improvement or divisional district herein authorized, is delivered to the respective county treasurers, levy an assessment sufficient to raise the ensuing annual interest on the outstanding bonds issued for the benefit of said district, and shall beginning in the year preceding the maturity of any series of the bonds of any issue, levy an assessment for the ensuing year and from year to year in an amount sufficient to pay and discharge said outstanding bonds as they mature. [1927 c 254 § 203; RRS § 7402-203. Formerly RCW 89.26.830.] 89.30.607 89.30.610 Assessments in general improvement or divisional district—Levy for contracts with state or United States or for other charges. Said board shall also levy an assessment sufficient to provide for all payments due or to become due in the ensuing year to the United States or the state of Washington under any contract between the district and the United States or the state of Washington authorized under this chapter. A similar levy of assessment shall be made by the board for any other item chargeable against the lands of such district under the provisions of this chapter. [1927 c 254 § 204; RRS § 7402-204. Formerly RCW 89.26.840.] 89.30.610 89.30.613 Assessments in general improvement or divisional district—Levy for delinquencies. The board shall also at the time of making the annual levy for any general improvement or divisional district authorized under this chapter, estimate all probable delinquencies on said levy and shall thereupon levy a sufficient amount to cover the same and a further amount to cover any deficit that may have resulted from any delinquent assessments for any preceding year. [1927 c 254 § 205; RRS § 7402-205. Formerly RCW 89.26.850.] 89.30.613 89.30.616 Assessments in general improvement or divisional district—Collected assessments to constitute designated special funds. Assessments against lands in any general improvement or divisional district authorized under this chapter, when collected by the county treasurer shall constitute a special fund or funds as the case may be, to be called respectively, the "bond fund of general improvement or divisional district No. . . . .", the "contract fund of general improvement or divisional district No. . . . .", the "warrant fund of general improvement or divisional district No. . . . .", and any other special fund authorized by law. [1983 c 167 § 261; 1927 c 254 § 206; RRS § 7402-206. Formerly RCW 89.26.860.] 89.30.616 89.30.634 If the annual assessment roll or segregation thereof for any general improvement or divisional district authorized under this chapter, has not been delivered to the respective county treasurers concerned on or before the first day of January following the equalization thereof, any said county treasurer shall immediately notify the secretary of the district by registered mail that unless said roll is delivered to said county treasurer within ten days from the receipt of said notice, the board of county commissioners of the county in which the organization of the reclamation district was effected will cause an assessment roll for the district to be prepared and shall equalize the same if necessary and make the levy required by this chapter. [1927 c 254 § 207; RRS § 7402-207. Formerly RCW 89.26.810.] 89.30.622 Assessments in general improvement or divisional district—Manner and effect of levy by county commissioners—Expenses. Any levy of assessments so made by said board of county commissioners shall be made in the same manner and with like effect as if the same had been made and equalized by the board of directors of the reclamation district and all expenses incidental thereto shall be borne by the district. [1927 c 254 § 208; RRS § 7402-208. Formerly RCW 89.26.820.] 89.30.622 89.30.625 Assessments in general improvement or divisional district—County treasurer may perform duties of district secretary, when. In case of the neglect or refusal of the secretary of the reclamation district to perform the duties imposed by law, then the treasurer of the county in which the organization of the reclamation district was effected may perform such duties and shall be accountable therefor on his official bond as in other cases. [1927 c 254 § 209; RRS § 7402-209. Formerly RCW 89.22.460.] 89.30.625 89.30.628 Assessments in general improvement or divisional district—Lien of assessment, when attaches. The assessment upon the real property in any general improvement or divisional district authorized under this chapter, shall be a lien against the property assessed from and after the first day of March in the year in which it is levied but as between a grantor and a grantee such lien shall not attach until the first Monday of February of the succeeding year. [1927 c 254 § 210; RRS § 7402-210. Formerly RCW 89.28.200.] 89.30.628 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.631 Assessments in general improvement or divisional district—Assessment lien paramount—When extinguished. The lien for said assessments shall be paramount and superior to any other lien theretofore or thereafter created, whether by mortgage, judgment or otherwise except a lien for prior assessments and for general taxes, and such lien shall not be extinguished until the assessments are paid or the property sold for the payment thereof and deed issued as provided by law. [1927 c 254 § 211; RRS § 7402-211. Formerly RCW 89.28.210.] 89.30.619 Assessments in general improvement or divisional district—Procedure on failure to deliver roll— Preparation, equalization, levy by county commissioners. 89.30.634 Assessments in general improvement or divisional district—When assessments due and payable— Delinquency date. The assessments specified in said assess- 89.30.619 (2008 Ed.) 89.30.631 89.30.634 [Title 89 RCW—page 43] 89.30.637 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement ment roll shall become due and payable on the first Monday of February of the year succeeding the equalization of said assessments at the office of each respective county treasurer and said assessments shall become delinquent at five o’clock in the afternoon of the thirty-first day of May thereafter unless fifty percent thereof shall have been paid. [1927 c 254 § 212; RRS § 7402-212. Formerly RCW 89.28.220, part.] 89.30.637 Assessments in general improvement or divisional district—When assessment delinquent—Interest rate. If the whole or fifty percent thereof shall not have been paid on or before five o’clock in the afternoon on the thirty-first day of May as above provided, the said assessments shall become delinquent and shall draw interest at the rate of twelve percent per annum until paid. [1927 c 254 § 213; RRS § 7402-213. Formerly RCW 89.28.220, part.] 89.30.637 89.30.640 Installment payments—Delinquency. If fifty percent of said assessments against any tract of land is paid on or before five o’clock in the afternoon of the thirtyfirst day of May aforesaid, then the remainder thereof will not become delinquent until the thirtieth day of November next following. The second installment of assessments shall become delinquent at five o’clock in the afternoon on the thirtieth day of November unless sooner paid and the same interest shall attach thereto as provided in the case of the delinquency of the entire assessment. [1927 c 254 § 214; RRS § 7402-214. Formerly RCW 89.28.230.] 89.30.640 89.30.643 Installment payments—Assessment book—Contents. Upon receiving the assessment roll for any general improvement or divisional district authorized herein, the county treasurer shall prepare therefrom an assessment book in which shall be written the descriptions of the land as they appear in the assessment roll, the name of the owner or owners where known, and if assessed to unknown owners then the word "unknown", and the total assessment levied against each tract of land. Proper space shall be provided in said book for the entry therein of all subsequent proceedings relating to the payment and collection of said assessments. [1927 c 254 § 215; RRS § 7402-215. Formerly RCW 89.28.240.] 89.30.643 covering any land in such district shall be accompanied by a statement showing the condition of district assessments against such lands: PROVIDED, That the failure of the county treasurer to render any statement herein required of him, shall not render invalid any assessments made for any general improvement or divisional district or proceeding had for the enforcement and collection of such assessments pursuant to this chapter. [1927 c 254 § 217; RRS § 7402-217. Formerly RCW 89.28.260.] 89.30.652 Installment payments—County treasurers to make monthly remittances to district treasurer. It shall be the duty of the county treasurer of any county other than the county in which the organization of the reclamation district was effected to make monthly remittances to the county treasurer of the county in which the organization of the reclamation district was effected, covering all amounts collected by him for any said general improvement or divisional district during the preceding month. [1927 c 254 § 218; RRS § 7402-218. Formerly RCW 89.22.430.] 89.30.652 89.30.655 Delinquency and sale in general improvement and divisional districts—List to be posted. On or before the thirtieth day of June in each year each respective county treasurer concerned shall post the delinquency list which must contain the names of persons and the descriptions of the property delinquent and the amount of assessments, interest and costs opposite each name and the description in all cases where payment of fifty percent or more of the assessment against any tract of land has not been made on or before the thirty-first day of May next preceding. Likewise on or before the fifteenth day of December in each year he must post the delinquency list of all persons delinquent in the payment of the final installment of the fifty percent of said assessments as in this chapter provided. [1927 c 254 § 219; RRS § 7402-219. Formerly RCW 89.28.400.] 89.30.655 89.30.646 Installment payments—Entry of payments—Receipt. Upon the payment of any said assessment, the county treasurer shall enter the date of payment in said assessment book opposite the description of the land and the name of the person paying, and give a receipt to such person specifying the amount of the assessment and the amount paid with the description of the property assessed. [1927 c 254 § 216; RRS § 7402-216. Formerly RCW 89.28.250.] 89.30.658 Delinquency and sale in general improvement and divisional districts—Notice of delinquency, contents, posting. Said county treasurer must append to and post with the delinquency list a notice that unless the assessment delinquent together with interest and costs are paid, the real property upon which said assessments are a lien will be sold at public auction. Said notice and delinquent list shall be posted at least twenty days prior to the date of the sale. One copy thereof shall be posted in the office of the county treasurer making the collection, one copy in the office of the board of directors, and one copy in each of three public places in the portion of said general improvement or divisional district lying in said county. [1927 c 254 § 220; RRS § 7402220. Formerly RCW 89.28.410.] 89.30.649 Installment payments—Statement of assessments levied to be furnished on request. It shall be the duty of the county treasurer of the county in which any land in the general improvement or divisional district is located, to furnish upon request of the owner or any person interested, a statement showing any and all assessments levied as shown by the assessment roll in his office upon land described in such request and all statements of general taxes 89.30.661 Delinquency and sale in general improvement and divisional districts—Publication of list of posted places and notice of sale. Concurrent as nearly as possible with the day of the posting required in the preceding section, the said county treasurer shall publish a list of the places where said notices are posted and in connection therewith a notice that unless said delinquent assessments together with the interest and costs are paid, the real property upon which 89.30.646 89.30.649 [Title 89 RCW—page 44] 89.30.658 89.30.661 (2008 Ed.) Reclamation Districts of One Million Acres the said assessments are a lien will be sold at public auction. [1927 c 254 § 221; RRS § 7402-221. Formerly RCW 89.28.420.] 89.30.664 Delinquency and sale in general improvement and divisional districts—Publication of notices— Contents—Time and place of sale. Such notice must be published once a week for two successive weeks (three issues) in a newspaper of general circulation published in the county within which the land is located but said notice of publication need not comprise the delinquent list where the same is posted as herein provided. Both notices must designate the time and place of sale. The time of sale must not be less than thirty nor more than forty-five days from the date of posting and from the date of the first publication of the notice thereof and the place must be at some point designated in said notices by said treasurer. [1927 c 254 § 222; RRS § 7402222. Formerly RCW 89.28.430.] 89.30.664 89.30.667 Delinquency and sale in general improvement and divisional districts—Sale of land for delinquency. The treasurer of the county in which the land is situated shall conduct the sale of all land situated therein and must collect the assessments due as shown on the delinquency list together with interest from the date of delinquency at the rate of twelve percent per annum, and the costs of sale. [1927 c 254 § 223; RRS § 7402-223. Formerly RCW 89.28.440.] 89.30.667 89.30.670 Delinquency and sale in general improvement and divisional districts—How conducted. On the day fixed for the sale or on some subsequent day to which the treasurer may have postponed it, of which postponement he must give notice at the time of making such postponement, and between the hours of ten o’clock a.m. and three o’clock p.m., the county treasurer making the sale must commence the same beginning at the head of the list and continuing alphabetically or in numerical order of the parcels, lots and blocks until completed. [1927 c 254 § 224; RRS § 7402-224. Formerly RCW 89.28.460.] 89.30.670 89.30.673 Delinquency and sale in general improvement and divisional districts—Postponement of sale. The county treasurer may postpone the date of commencing the sale or may postpone the sale from day to day by making oral notice thereof at the time of the postponement, but the sale must be completed within three weeks from the first day fixed. [1927 c 254 § 225; RRS § 7402-225. Formerly RCW 89.28.450.] 89.30.673 89.30.676 Delinquency and sale in general improvement and divisional districts—Designation of portion to be sold—Sale by parts. The owner or person in possession of any real estate offered for sale for assessments thereon may designate in writing to the county treasurer by whom the sale is to be made and prior to the sale, what portion of the property he wishes sold, if less than the whole, but if the owner or possessor does not, then the treasurer may designate it and the person who will take the least quantity of the land or in case an undivided interest is assessed then the smallest 89.30.676 (2008 Ed.) 89.30.694 portion of the interest, and pay the assessment, interest and cost due including one dollar to the treasurer for a duplicate of the certificate of sale, is the purchaser. The treasurer shall account to the district for said one dollar. [1927 c 254 § 226; RRS § 7402-226. Formerly RCW 89.28.470.] 89.30.679 Delinquency and sale in general improvement and divisional districts—Resale upon purchaser’s default. If the purchaser does not pay the assessment, interest and costs before ten o’clock a.m. the day following the sale, the property must be resold on the next day for the assessment, interest and costs. [1927 c 254 § 227; RRS § 7402-227. Formerly RCW 89.28.480.] 89.30.679 89.30.682 Delinquency and sale in general improvement and divisional districts—Reclamation district as purchaser. In case there is no purchaser in good faith for the property on the first day that the property is offered for sale and if there is no purchaser in good faith when the property is offered thereafter for sale, the whole amount of the property assessed shall be struck off to the reclamation district as the purchaser, and the duplicate certificate shall be held with the original in the office of the county treasurer. [1927 c 254 § 228; RRS § 7402-228. Formerly RCW 89.28.490.] 89.30.682 89.30.685 Delinquency and sale in general improvement and divisional districts—Entry of sale when district is purchaser—Credit. In case the district is the purchaser, the treasurer shall make an entry "sold to the district", and he shall receive proper credit for the amount of the sale in his settlement with the district. [1927 c 254 § 229; RRS § 7402229. Formerly RCW 89.28.500.] 89.30.685 89.30.688 Delinquency and sale in general improvement and divisional districts—Rights of district as purchaser. A reclamation district as purchaser at said sale shall be entitled to the same rights as a private purchaser and may assign or transfer the certificate of sale upon the payment of the amount which would be due as redemption were it made by the owner. Such transfer shall be made by the president and secretary of the district on the duplicate certificate which shall be delivered by the county treasurer to the assignee. The assignee shall be required to pay a fee of one dollar for such duplicate certificate. [1927 c 254 § 230; RRS § 7402-230. Formerly RCW 89.28.510.] 89.30.688 89.30.691 Delinquency and sale in general improvement and divisional districts—Deed to district in absence of redemption—Conveyance. If no redemption is made of land for which a reclamation district holds a certificate of purchase, the district will be entitled to receive a treasurer’s deed therefor in the same manner as a private person would be entitled thereto, and may convey the title so acquired by deed executed by the president and secretary of the board. [1927 c 254 § 231; RRS § 7402-231. Formerly RCW 89.28.820, part.] 89.30.691 89.30.694 Delinquency and sale in general improvement and divisional districts—Resolution to convey property acquired by district—Price. Authority to convey any 89.30.694 [Title 89 RCW—page 45] 89.30.697 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement property thus acquired must be conferred by resolution of the board entered on its minutes fixing the price at which such sale may be made. [1927 c 254 § 232; RRS § 7402-232. Formerly RCW 89.28.820, part.] 89.30.697 Delinquency and sale in general improvement and divisional districts—Lease of property acquired by district. In the event that the district board shall determine that the best interests of the district will be conserved by the leasing of any property acquired for delinquent assessments, it shall have authority to lease the same for a period not exceeding five years on such terms and conditions as the board may require. [1927 c 254 § 233; RRS § 7402233. Formerly RCW 89.28.830.] 89.30.697 89.30.700 Delinquency and sale in general improvement and divisional districts—Disposition of proceeds of sale or lease by district. All moneys received by the reclamation district for transfers of certificates of sale, or through sale or lease of property acquired on account of sales for delinquent assessments, shall be paid to the county treasurer of the county in which the lands involved are situated and by him credited to the funds for which the assessments were levied in proportion to the right of each fund respectively. [1927 c 254 § 234; RRS § 7402-234. Formerly RCW 89.28.840.] 89.30.700 89.30.703 Delinquency and sale in general improvement and divisional districts—Reconveyance to person entitled to redemption, when. When lands have been deeded by the county treasurer to the reclamation district on account of delinquent assessments, if title shall remain vested in the district and if in the judgment of the board of directors said sale for delinquent assessments shall have resulted from unavoidable accident, inadvertency or misfortune and without intent of the owner or persons entitled to make redemption, to permit said assessments to become delinquent and the land to be sold, the board of directors may, pursuant to an order entered upon the minutes of the board, cause said land to be reconveyed to the owner or person entitled to redemption within the period of one year after deed is issued, upon the payment by said owner or person who would have been entitled to make redemption before issuance of deed, of the total amount of assessments, interest and costs, subsequent assessments and an additional penalty of twenty-five percent of the amount for which the land was sold: PROVIDED, That nothing herein contained shall be construed to prevent the district from selling or leasing property acquired at sales for delinquent assessments immediately after the deed has been delivered to the district. [1927 c 254 § 235; RRS § 7402-235. Formerly RCW 89.28.850.] 89.30.703 89.30.706 Delinquency and sale in general improvement and divisional districts—Certificate of sale in duplicate, contents. After receiving the amount of assessments, interest and costs, the county treasurer must make out in duplicate a certificate dated on the day of the sale stating (when known) the names of the persons assessed, a description of the land sold, the amount paid therefor, that it was sold for assessments giving the amount and year of assessment, and specifying the time when the purchaser shall be entitled 89.30.706 [Title 89 RCW—page 46] to a deed. [1927 c 254 § 236; RRS § 7402-236. Formerly RCW 89.28.520.] 89.30.709 Delinquency and sale in general improvement and divisional districts—Certificate of sale—Form, filing, delivery. The certificate of sale must be signed by the treasurer making the sale and filed in his office. A duplicate of said certificate shall be delivered to any purchaser, other than the district. [1927 c 254 § 237; RRS § 7402-237. Formerly RCW 89.28.530.] 89.30.709 89.30.712 Delinquency and sale in general improvement and divisional districts—Certificate of sale may include several tracts. In case of a sale to a person or a district of more than one parcel or tract of land, the several parcels or tracts may be included in one certificate. [1927 c 254 § 238; RRS § 7402-238. Formerly RCW 89.28.540.] 89.30.712 89.30.715 Delinquency and sale in general improvement and divisional districts—Entry of sale in assessment book, inspection—Filing certificate. The county treasurer before delivering any copy of a certificate of sale, must file the same and enter in the assessment book opposite the description of the land sold the date of sale, the purchaser’s name and the amount paid therefor, and must regularly number the descriptions on the margin of the assessment book and put a corresponding number on each certificate. Such book must be open to public inspection without fee during office hours when not in actual use. [1927 c 254 § 239; RRS § 7402-239. Formerly RCW 89.28.550.] 89.30.715 89.30.718 Delinquency and sale in general improvement and divisional districts—Lien of assessment vested in purchaser—When divested. On filing the certificate of sale as provided herein, the lien of the assessment vests in the purchaser and is only divested by the payment to the county treasurer making the sale of the purchase money, the costs of the certificate, and interest thereon at twelve percent per annum from the date of sale until redemption for the use of the purchaser. [1927 c 254 § 240; RRS § 7402-240. Formerly RCW 89.28.560.] 89.30.718 89.30.721 Delinquency and sale in general improvement and divisional districts—Redemption of property sold. A redemption of the property sold may be made by the owner or any person on behalf and in the name of the owner or by any party in interest within one year from the date of purchase by paying the amount of the purchase price, cost of certificate and interest and the amount of any assessments which any such purchaser may have paid thereon after purchase by him together with like interest on such amount, and if the reclamation district is the purchaser, the redemptioner shall pay in addition to the purchase price and interest, the amount of any assessments levied against said land during the period of redemption and which are at that time delinquent. [1927 c 254 § 241; RRS § 7402-241. Formerly RCW 89.28.700.] 89.30.721 89.30.724 Delinquency and sale in general improvement and divisional districts—Redemption in coin to 89.30.724 (2008 Ed.) Reclamation Districts of One Million Acres treasurer—To whom credited. Redemption must be made in gold or silver coin, as provided for the collection of state and county taxes, and the county treasurer must credit the amount paid to the person named in the certificate or his assignee and pay it on demand to such person or his assignee. No redemption shall be made except to the county treasurer of the county in which the land is situated. [1927 c 254 § 242; RRS § 7402-242. Formerly RCW 89.28.710.] 89.30.727 Delinquency and sale in general improvement and divisional districts—Entry of redemption in book and on certificate. Upon completion of redemption, the county treasurer to whom redemption has been made, shall enter the word "redeemed", the date of redemption and by whom redeemed on the certificate and on the margin of the assessment book where the entry of the certificate is made. [1927 c 254 § 243; RRS § 7402-243. Formerly RCW 89.28.720.] 89.30.727 89.30.730 Delinquency and sale in general improvement and divisional districts—Deed in absence of redemption, contents. If the property is not redeemed within one year from the date of sale, the county treasurer of the county in which the land sold is situated, must make to the purchaser or his assignee a deed of the property reciting in the deed substantially the matters contained in the certificate and that no person redeemed the property during the time allowed by law for its redemption. [1927 c 254 § 244; RRS § 7402244. Formerly RCW 89.28.730.] 89.30.730 89.30.733 Delinquency and sale in general improvement and divisional districts—Fee for deed—Several parcels may be included in one deed. The treasurer shall receive from the purchaser for the use of the district one dollar for making such deed. When any person or district holds a duplicate certificate covering more than one tract of land, the several parcels or tracts of land mentioned in the certificate may be included in one deed. [1927 c 254 § 245; RRS § 7402-245. Formerly RCW 89.28.740.] 89.30.733 89.30.736 Delinquency and sale in general improvement and divisional districts—Recitals in deed—Evidentiary effect. The matter recited in the certificate of sale must be recited in the deed and such deed duly acknowledged or proved is prima facie evidence that: (1) The property was assessed as required by law. (2) The property was equalized as required by law. (3) The assessments were levied in accordance with law. (4) The assessments were not paid. (5) At a proper time and place the property was sold as prescribed by law, and by the proper officers. (6) The person who executed the deed was the proper officer. [1927 c 254 § 246; RRS § 7402-246. Formerly RCW 89.28.750.] 89.30.736 89.30.739 Delinquency and sale in general improvement and divisional districts—Deed conclusive, exception. Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the secretary 89.30.739 (2008 Ed.) 89.30.754 inclusive up to the execution of the deed. [1927 c 254 § 247; RRS § 7402-247. Formerly RCW 89.28.760.] 89.30.742 Delinquency and sale in general improvement and divisional districts—Title conveyed by deed. The deed conveys to the grantee the absolute title to the lands described therein free from all encumbrances except when the land is owned by the United States or the state of Washington in which case it is prima facie evidence of the right of possession. [1927 c 254 § 248; RRS § 7402-248. Formerly RCW 89.28.770.] 89.30.742 89.30.745 Delinquency and sale in general improvement and divisional districts—Probative force of assessment book and delinquency list. The assessment book or delinquency list, or a copy thereof, certified by the secretary showing unpaid assessments against any person or property is prima facie evidence of the assessment of the property, the delinquency, the amount of the assessments due and unpaid and that all the forms of law in relation to the assessment and levy of such assessment have been complied with. [1927 c 254 § 249; RRS § 7402-249. Formerly RCW 89.28.570.] 89.30.745 89.30.748 Delinquency and sale in general improvement and divisional districts—Sale not avoided by misnomer or mistake as to ownership. When land is sold for assessments correctly imposed as the property of a particular person no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof affects the sale or renders it void or voidable. [1927 c 254 § 250; RRS § 7402250. Formerly RCW 89.28.780.] 89.30.748 89.30.751 Foreclosure of lien for general taxes—Payment in full or sale subject to assessments due. The holder of any certificate of delinquency for general taxes may, before commencing any action to foreclose the lien of such certificate, pay in full all general improvement or divisional district assessments due and outstanding against the whole or any portion of the property included in such certificate of delinquency, and the amount of all assessments so paid together with interest at the rate of twelve percent per annum reckoned from the date of delinquency of said assessments shall be included in the amount for which foreclosure may be had or if said certificate holder elects to foreclose such certificate without paying such assessments, the purchaser at such foreclosure sale shall acquire title to such property subject to all such district assessments. [1927 c 254 § 251; RRS § 7402-251. Formerly RCW 89.28.790.] 89.30.751 89.30.754 Liability of county for assessments after sale to county for general taxes. Property within a general improvement or divisional district authorized under the provisions of this chapter, acquired by a county pursuant to a foreclosure and sale for general taxes, shall, nevertheless, be liable for all assessments levied by the district subsequent to the date of the sale for delinquent general taxes to the county, which assessments the board of county commissioners may at its option pay from the current expense fund of the county or execute and deliver to the district a deed from the county to the district in lieu of the payment of said assessments. 89.30.754 [Title 89 RCW—page 47] 89.30.757 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement [1927 c 254 § 252; RRS § 7402-252. Formerly RCW 89.28.800.] 89.30.757 Sale of county lands for delinquent assessments. The county treasurer shall have authority to sell lands, owned by the county, for delinquent assessments levied against the same subsequent to the acquisition of said property by the county in the same manner and with the same force and effect as though said property were owned by a private individual. [1927 c 254 § 253; RRS § 7402-253. Formerly RCW 89.28.810.] paid. The ballot at such election shall contain the words "Assessment—Yes" and "Assessment—No". [1927 c 254 § 258; RRS § 7402-258. Formerly RCW 89.28.040.] 89.30.757 89.30.760 Special assessments by general improvement or divisional district—Authorization by electors. Special assessments may be voted by the electors of any general improvement district or divisional district within the reclamation district for any of the purposes for which bonds of the district as herein authorized may be issued. [1927 c 254 § 254; RRS § 7402-254. Formerly RCW 89.28.010.] 89.30.775 Special assessments by general improvement or divisional district—Indebtedness authorized. If the majority of the votes cast at such election are "Assessment—Yes", the board may immediately or at intervals thereafter incur indebtedness to the amount of said special assessment for any of the purposes for which the proceeds of said assessment may be used. [1927 c 254 § 259; RRS § 7402-259. Formerly RCW 89.28.050.] 89.30.775 89.30.760 89.30.763 Special assessments by general improvement or divisional district—Levy and collection. In the event that special assessments are voted by the electors of the district, levy for the same against the lands within such district shall be made on the completion and equalization of the assessment roll each year, which special assessment roll shall be prepared, equalized, the levy made and assessments collected at the same time and in the same manner and by the same officers that the assessment roll is prepared, equalized and assessments collected for the payment of bonds and the district board and other officers shall have the same powers and functions for the purposes of said voted special assessment as possessed by them in case of levy of assessments to pay bonds of the district. [1927 c 254 § 255; RRS § 7402255. Formerly RCW 89.28.060.] 89.30.763 89.30.766 Special assessments by general improvement or divisional district—Proposition to be submitted to electors. When it is desired to levy special assessments for any of the purposes for which bonds of the district may be issued, the proposition to levy such special assessments shall be submitted to the electors of the general improvement district or divisional district as the case may be, at an election called for that purpose. [1927 c 254 § 256; RRS § 7402-256. Formerly RCW 89.28.020.] 89.30.766 89.30.769 Special assessments by general improvement or divisional district—Election, how called, conducted, etc. Such election shall be called, provided for, notice thereof given, shall be conducted, and the results thereof canvassed by the same officers in the same manner and with the same force and effect as provided herein for bond elections in such districts. [1927 c 254 § 257; RRS § 7402-257. Formerly RCW 89.28.030.] 89.30.769 89.30.772 Special assessments by general improvement or divisional district—Notice of election—Ballots. The notice of election must specify the amount of money proposed to be raised and the purpose for which it is intended to be used and the number of installments in which it is to be 89.30.772 [Title 89 RCW—page 48] 89.30.778 Special assessments by general improvement or divisional district—Notes—Terms. Said board in such event may provide for the payment of said indebtedness by the issue and sale of notes of the district to an amount equal to said authorized indebtedness which notes shall be payable in such equal installments, not exceeding three in number, as the board shall direct. Such notes may be in any form, including bearer notes or registered notes as provided in RCW 39.46.030. Such notes may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 262; 1927 c 254 § 260; RRS § 7402-260. Formerly RCW 89.28.070, part.] 89.30.778 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.781 Special assessments by general improvement or divisional district—Notes payable exclusively by assessments. Said notes shall be payable exclusively by assessments levied at the time of the regular annual levy each year thereafter until fully paid. All the lands within the general improvement district or divisional district as the case may be, shall be and remain liable to an annual assessment for the payment of said notes with interest until fully paid. [1983 c 167 § 263; 1927 c 254 § 261; RRS § 7402-261. Formerly RCW 89.28.080.] 89.30.781 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.784 Special assessments by general improvement or divisional district—Interest on notes. (1) Notes issued under the provisions of this chapter shall bear interest at a rate or rates authorized by the district board, payable semiannually. (2) Notwithstanding subsection (1) of this section, such notes may be issued in accordance with chapter 39.46 RCW. [1983 c 167 § 264; 1927 c 254 § 262; RRS § 7402-262. Formerly RCW 89.28.070, part.] 89.30.784 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 89.30.787 Tolls for electricity and water—Collection, deposit. The district board shall have authority to fix and charge tolls for the sale or lease and/or distribution of electric power or water, as herein provided, and to collect said tolls from all persons using such service. All tolls shall be collected by such officer as the board shall designate and shall be deposited monthly with the county treasurer of the county in which the organization of the reclamation district was 89.30.787 (2008 Ed.) Reclamation Districts of One Million Acres effected, and shall be credited to such fund of the district as the district board shall designate. [1933 c 149 § 18; 1927 c 254 § 263; RRS § 7402-263. Formerly RCW 89.26.040.] 89.30.829 said petition. [1927 c 254 § 270; RRS § 7402-270. Formerly RCW 89.24.750.] 89.30.811 Jurisdiction of courts—Rules which govern. The rules of pleading, practice and appeal provided by the statutes of this state which are not inconsistent with any of the provisions herein, are applicable to and shall govern the special proceedings for the judicial examination and determination of any of the district proceedings aforesaid. [1927 c 254 § 271; RRS § 7402-271. Formerly RCW 89.24.740.] 89.30.811 89.30.790 Tolls for electricity and water—Toll collector’s bond. Any officer of the district collecting tolls as herein provided, shall be required to give a surety bond in double the probable amount of monthly collections conditioned that he will faithfully account to the reclamation district for all tolls collected under the provisions of this chapter. [1927 c 254 § 264; RRS § 7402-264. Formerly RCW 89.26.050.] 89.30.790 89.30.793 Jurisdiction of courts. At the instance of the board of directors of any reclamation district created under this chapter, the superior court of the state of Washington shall have original jurisdiction to judicially examine, approve and confirm any or all proceedings pertaining to the organization of the reclamation district or of any general improvement or divisional district therein, and any or all proceedings had or contemplated in the exercise of any of the functions or powers of any of such districts. [1927 c 254 § 265; RRS § 7402-265. Formerly RCW 89.24.700.] 89.30.793 89.30.796 Jurisdiction of courts—Petition for judicial determination. For the purpose of securing such judicial determination, the board of directors of the reclamation district shall file in the superior court of the county in which the lands of said district or some portion thereof are situated, a petition praying in effect that the proceedings aforesaid be examined, approved and confirmed by the court. [1927 c 254 § 266; RRS § 7402-266. Formerly RCW 89.24.710, part.] 89.30.796 89.30.799 Jurisdiction of courts—Contents of petition. The petition shall state the facts generally showing the proceedings which are sought to be judicially examined. [1927 c 254 § 267; RRS § 7402-267. Formerly RCW 89.24.710, part.] 89.30.799 89.30.802 Jurisdiction of courts—Notice of hearing of petition. The court shall fix a time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall mention the time and place fixed for the hearing of the petition and the prayer of the petition, and shall state that any person interested in said proceedings may on or before the day fixed for the hearing of said petition demur to or answer the same. [1927 c 254 § 268; RRS § 7402-268. Formerly RCW 89.24.720.] 89.30.802 89.30.805 Jurisdiction of courts—Notice, how given and published. The notice shall be given and published in the same manner and for the same length of time as that required herein for the notice of hearing on the petition to organize a reclamation district. [1927 c 254 § 269; RRS § 7402-269. Formerly RCW 89.24.730.] 89.30.805 89.30.814 Jurisdiction of courts—Motion and order for new trial. A motion for a new trial must be made upon the minutes of the court. The order granting a new trial must specify the issues to be reexamined on such new trial and the findings of the court upon the other issues shall not be affected by such order granting a new trial. [1927 c 254 § 272; RRS § 7402-272. Formerly RCW 89.24.780.] 89.30.814 89.30.817 Jurisdiction of courts—Action in rem— Power of court. Said action shall be one in rem against all persons claiming any right or interest in the proceedings concerned and upon the hearing of such special proceedings the court shall have full power and jurisdiction to examine and determine the legality and validity of and to approve and confirm each and all of the proceedings mentioned in the petition seeking judicial determination and all other proceedings which may affect the proceedings in question. [1927 c 254 § 273; RRS § 7402-273. Formerly RCW 89.24.760.] 89.30.817 89.30.820 Jurisdiction of courts—Errors disregarded—Approval in whole or part. The court in inquiring into the regularity, legality and correctness of said proceedings, must disregard any error, determination or omission which does not affect the substantial rights of the parties to said special proceedings and it may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. [1927 c 254 § 274; RRS § 7402-274. Formerly RCW 89.24.770.] 89.30.820 89.30.823 Jurisdiction of courts—Conclusiveness of judgment. The judgment rendered in such action unless appealed from within the time prescribed herein and upon final judgment upon appeal, shall be conclusive as to all matters determined by the court in said action against every person including those under disability as well as those free from disability. [1927 c 254 § 275; RRS § 7402-275. Formerly RCW 89.24.800.] 89.30.823 89.30.826 Jurisdiction of courts—Costs. The cost of the special judicial proceedings authorized herein may be allowed and apportioned between all of the parties in the discretion of the court. [1927 c 254 § 276; RRS § 7402-276. Formerly RCW 89.24.810.] 89.30.826 89.30.829 Jurisdiction of courts—Time for appeal. An appeal from an order granting or refusing a new trial or from the judgment in said action must be taken by the parties aggrieved within thirty days after the entry of said order or 89.30.829 89.30.808 Jurisdiction of courts—Demurrer or answer to petition. Any person interested in the proceedings sought to be judicially examined may demur to or answer 89.30.808 (2008 Ed.) [Title 89 RCW—page 49] 89.30.832 Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement said judgment. [1927 c 254 § 277; RRS § 7402-277. Formerly RCW 89.24.790.] 89.30.832 Liberal construction. The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects. [1927 c 254 § 278; RRS § 7402-278.] 89.30.832 89.30.835 Severability—1927 c 254. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged to be invalid or unconstitutional. [1927 c 254 § 279; RRS § 7402-279.] 89.30.835 [Title 89 RCW—page 50] (2008 Ed.) Title 90 Title 90 WATER RIGHTS—ENVIRONMENT Chapters 90.03 Water code. 90.08 Stream patrolmen. 90.14 Water rights—Registration—Waiver and relinquishment, etc. 90.16 Appropriation of water for public and industrial purposes. 90.22 Minimum water flows and levels. 90.24 Regulation of outflow of lakes. 90.28 Miscellaneous rights and duties. 90.36 Artesian wells. 90.38 Yakima river basin water rights. 90.40 Water rights of United States. 90.42 Water resource management. 90.44 Regulation of public groundwaters. 90.46 Reclaimed water use. 90.48 Water pollution control. 90.50 Water pollution control facilities—Bonds. 90.50A Water pollution control facilities—Federal capitalization grants. 90.52 Pollution disclosure act of 1971. 90.54 Water resources act of 1971. 90.56 Oil and hazardous substance spill prevention and response. 90.58 Shoreline management act of 1971. 90.64 Dairy nutrient management. 90.66 Family farm water act. 90.71 Puget Sound water quality protection. 90.72 Shellfish protection districts. 90.74 Aquatic resources mitigation. 90.76 Underground storage tanks. 90.80 Water conservancy boards. 90.82 Watershed planning. 90.84 Wetlands mitigation banking. 90.86 Joint legislative committee on water supply during drought. 90.88 Aquatic rehabilitation zones. 90.90 Columbia river basin water supply. Actionable nuisances defined—Closing of channel stream: RCW 7.48.010. Annexation of water, sewer, and fire districts (to city or town): RCW 35.02.200, chapter 35.13A RCW. Aquatic lands: Chapters 79.105 through 79.140 RCW. Aquifer protection areas: Chapter 36.36 RCW. Authority to construct viaducts, bridges, drawbridges (first-class cities): Chapter 35.85 RCW. Board of natural resources—Powers and duties (commission on harbor lines): RCW 43.30.215. Bridges across and obstructions in navigable waters: Chapter 88.28 RCW. Canal commission: Chapter 47.72 RCW. Cities and towns auxiliary water systems for protection from fire: RCW 35.21.030. dikes, levees, embankments, authority to construct: RCW 35.21.090. first-class cities specific powers enumerated: RCW 35.22.280. utilities, collective bargaining with employees (waterworks system): RCW 35.22.350. wharves, city may let wharves or privileges thereon: RCW 35.22.410. jurisdiction over adjacent waters: RCW 35.21.160. sewerage, drainage and water supply: RCW 35.21.210. (2008 Ed.) streets and alleys over first-class tidelands, control of: RCW 35.21.250. streets over tidelands, control of: RCW 35.21.240. swimming pools, power to acquire: RCW 35.21.020. utility services, lien for (water works): RCW 35.21.290 through 35.21.300. City in adjoining state may condemn watershed property: RCW 8.28.050. Dams, height on tributaries of Columbia River: Chapter 77.55 RCW. Department of natural resources, to locate line between tide and shore land in tidal rivers: RCW 79.125.010. Deschutes Basin, project embraces: RCW 79.24.160. Diking, drainage and sewerage improvement districts: Chapters 85.08 through 85.16 RCW. Diking and drainage districts: Chapters 85.05 through 85.24 RCW. Director of fish and wildlife, may modify inadequate fishways and fish guards: RCW 77.57.040, 77.57.060. Easements over public lands, waterway rights: Chapter 79.36 RCW. Ferries county-owned—Ferry districts: Chapter 36.54 RCW. privately owned (licensed by county): Chapter 36.53 RCW. Fisheries code: Title 77 RCW. Flood control districts: Chapter 86.09 RCW. Food fish, shellfish compacts: Chapter 77.75 RCW. construction projects in state waters: Chapter 77.55 RCW. taxes: Chapter 82.27 RCW. unlawful acts: Chapter 77.50 RCW. Franchises on roads and bridges (by counties): Chapter 36.55 RCW. Furnishing impure water, penalty: RCW 70.54.020. Game and game fish, unlawful acts: Chapter 77.50 RCW. Geological survey (objects as to water supplies, etc.): RCW 43.92.020. Harbor improvements: Chapter 53.20 RCW. Harbor line commission: RCW 79.115.010. Highway commission (bridges): Chapter 47.01 RCW. Irrigation: Title 87 RCW. Irrigation districts limits of levy until water is received: RCW 87.04.090. right to cross other property: RCW 87.03.455. Joint canal construction (by counties): RCW 36.64.060. Jurisdiction in special cases additional right-of-way: RCW 37.08.250. Lake Washington ship canal: RCW 37.08.240. Lease or conveyance (by county) to United States for flood control, navigation and allied purposes: RCW 36.34.220 through 36.34.240. Limitation on municipal indebtedness, exception for water supply: State Constitution Art. 8 § 6 (Amendment 27). Local improvements (cities and towns) filling and draining of lowlands—waterways: Chapter 35.56 RCW. filling lowlands: Chapter 35.55 RCW. harbor area leaseholds—assessment: RCW 35.44.150. leases on tidelands—assessment: RCW 35.44.160. Marine employees—Public employment relations: Chapter 47.64 RCW. Master plan of development (including flood control): RCW 43.21A.350. Material removed for channel or harbor improvement or flood control—Use for public purpose: RCW 79.140.110. Merger of minor irrigation district into major irrigation district—Existing water rights not impaired: RCW 87.03.857. [Title 90 RCW—page 1] Chapter 90.03 Title 90 RCW: Water Rights—Environment Municipal utilities acquisition of out-of-state waterworks: RCW 35.92.014 through 35.92.015. acquisition of water rights: RCW 35.92.220. authority to acquire and operate waterworks: RCW 35.92.010. cannot condemn irrigation system: RCW 35.92.190. city may extend water system outside limits: RCW 35.92.170. may acquire property outside city: RCW 35.92.180. Navigation and harbor improvements: Title 88 RCW. Nuisance defined (as to water rights): RCW 7.48.120. Nuisance (deposit of unwholesome substance into any lake, creek or river): RCW 9.66.050. Operating agencies (power commission)—Policy declaration as to water resources: Chapter 43.52 RCW. Parks, bathing beaches, public camps: Chapter 67.20 RCW. Penalties imposed by parks and recreation commission: RCW 79A.05.165. Planning commissions (cities and towns)—Restrictions on buildings—Use of land: RCW 35.63.080. Pollution of drinking water supply—Penalty: RCW 70.54.010. Pollution of watershed of city outside state—Penalty: RCW 70.54.030. Port districts: Title 53 RCW. Private ditches and drains: Chapter 85.28 RCW. Private way of necessity defined—Maintaining drain, flume or ditch: RCW 8.24.010. Prohibited parking places (upon any bridge): RCW 46.61.570. Public lands: Title 79 RCW. Public nuisance (tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin): RCW 9.66.010. Public nuisances enumerated: RCW 7.48.140. Public utilities and transportation commission: Chapter 80.01 RCW. Public utilities—Gas, electrical and water companies: Chapter 80.28 RCW. Public utility districts—Powers: Chapter 54.16 RCW. Public waterways: Chapter 91.08 RCW. Public works: Chapters 39.04 through 39.28 RCW. Puget Sound ferry and toll bridge system: Chapter 47.60 RCW. Railroads bridges over navigable streams: RCW 81.36.100. lines across or along watercourses: RCW 81.36.040. may construct and operate canals and ditches: RCW 81.36.130. structures across state waterways: RCW 81.36.100. Reclamation and irrigation in United States reclamation areas: Chapter 89.12 RCW. Reclamation districts of one million acres general improvement and divisional districts: Chapter 89.30 RCW. limitation on water appropriation: RCW 89.30.001, 89.30.007. powers: Chapter 89.30 RCW. purposes: RCW 89.30.007. right to cross streams, highways, etc.: RCW 89.30.214. tolls for electricity and water: RCW 89.30.787. Regulation of watercourses (counties): RCW 36.32.280. Relocation of inner harbor line: RCW 79.115.020. Removal of obstructions (from watercourses, by counties): RCW 36.32.290. Restrictions on sale of certain water rights by state: State Constitution Art. 15 § 1 (Amendment 15). Roads and bridges (county): Chapters 36.75 through 36.87 RCW. Sales and leases of public lands and materials—Water right as improvement: RCW 79.13.170. Second-class cities acquisition of property for municipal purposes (waterfront leases, etc.): RCW 35.23.452. specific powers enumerated: RCW 35.23.440. utilities (supply city with water): RCW 35.23.515 through 35.23.535. waterworks: RCW 35.23.560 through 35.23.580. Sewerage systems (cities and towns)—Waterworks: RCW 35.67.331 through 35.67.340. [Title 90 RCW—page 2] Shellfish: Chapter 77.60 RCW. Small boat facilities for Puget Sound authorized: RCW 79A.05.185. Soil conservation (conservation of water): Chapter 89.08 RCW. Soil conservation—Water rights preserved: RCW 89.08.390. Speed in traversing bridge, tunnels, etc.: RCW 46.61.450. State board of health—Powers and duties (investigation of water supply): RCW 43.20.050. Street grades—Sanitary fills (cities and towns): Chapter 35.73 RCW. Streets—Drawbridges (cities and towns): Chapter 35.74 RCW. Tidelands, shorelands, and harbor areas: Chapters 79.115, 79.125 RCW. Towns, specific powers enumerated: RCW 35.27.370. Transfer of territory where city’s harbor lies in two counties: Chapter 36.08 RCW. Trees may be removed from river banks (by counties): RCW 36.32.300. Unclassified cities, additional indebtedness for municipal utilities (water supply): RCW 35.30.060. Use of waters for irrigation, mining, manufacturing, deemed public use: State Constitution Art. 21. Washington utilities and transportation commission: Chapter 80.01 RCW. Water pollution—Protection from (cities and towns): Chapter 35.88 RCW. redemption bonds (cities and towns): Chapter 35.89 RCW. Water-sewer districts generally: Title 57 RCW. powers: Chapter 57.08 RCW. Watercraft adrift: Chapter 79A.60 RCW. Wharves and landings: Chapter 88.24 RCW. Chapter 90.03 Chapter 90.03 RCW WATER CODE Sections 90.03.005 90.03.010 90.03.015 90.03.020 90.03.030 90.03.040 90.03.050 90.03.060 90.03.070 90.03.090 90.03.100 90.03.105 90.03.110 90.03.120 90.03.130 90.03.140 90.03.150 90.03.160 90.03.170 90.03.180 90.03.190 90.03.200 90.03.210 90.03.220 90.03.230 90.03.240 90.03.243 90.03.245 State water policy—Cooperation with other agencies—Reduction of wasteful practices. Appropriation of water rights—Existing rights preserved. Definitions. Units of water measurement. Right to convey water along lake or stream—Conveyance to intake structure in neighboring state. Eminent domain—Use of water declared public use. Powers and duties of director of ecology through the division of water resources. Water masters—Appointment, compensation. Water masters—Duties—Office space and equipment—Clerical assistance. Water master’s power of arrest. Prosecuting attorney, legal assistant. Petition by planning units for general adjudication. Determination of water rights—Petition—Statement and plan. Determination of water rights—Order—Summons—Necessary parties. Determination of water rights—Service of summons. Determination of water rights—Statement by defendants. Determination of water rights—Guardian ad litem for defendant. Determination of water rights—Referral to department. Determination of water rights—Hearing—Notice—Prior rights preserved. Determination of water rights—Statement by defendants— Filing fee. Determination of water rights—Transcript of testimony—Filing—Notice of hearing. Determination of water rights—Exceptions to report— Decree—Appellate review. Determination of water rights—Interim regulation of water— Appeals. Determination of water rights—Failure to appear—Estoppel. Determination of water rights—Copy of decree to director. Determination of water rights—Diversion certificate. Determination of water rights—State to bear its expenses, when. Determination of water rights—Scope. (2008 Ed.) Water Code 90.03.247 90.03.250 90.03.252 90.03.255 90.03.260 90.03.265 90.03.270 90.03.280 90.03.290 90.03.300 90.03.310 90.03.320 90.03.330 90.03.340 90.03.345 90.03.350 90.03.360 90.03.370 90.03.380 90.03.383 90.03.386 90.03.390 90.03.395 90.03.397 90.03.400 90.03.410 90.03.420 90.03.430 90.03.440 90.03.450 90.03.460 90.03.470 90.03.471 90.03.500 90.03.510 90.03.520 90.03.525 90.03.540 90.03.550 90.03.560 90.03.570 90.03.580 90.03.590 90.03.591 90.03.600 90.03.605 Minimum flows and levels—Departmental authority exclusive—Other recommendations considered. Appropriation procedure—Application for permit—Temporary permit. Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable. Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique. Appropriation procedure—Application—Contents. Appropriation procedure—Cost-reimbursement agreement for expedited review of application. Appropriation procedure—Record of application. Appropriation procedure—Notice. Appropriation procedure—Department to investigate—Preliminary permit—Findings and action on application. Appropriation procedure—Diversion of water for out-of-state use—Reciprocity. Appropriation procedure—Assignability of permit or application. Appropriation procedure—Construction work. Appropriation procedure—Water right certificate. Appropriation procedure—Effective date of water right. Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates. Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations. Controlling works and measuring devices—Metering of diversions—Impact on fish stock. Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project standards and rules—Exemptions—Report to the legislature. Right to water attaches to land—Transfer or change in point of diversion—Transfer of rights from one district to another— Priority of water rights applications—Exemption for small irrigation impoundments. Interties—Findings—Definitions—Review and approval. Coordination of approval procedures for compliance and consistency with approved water system plan. Temporary changes—Emergency interties—Rotation in use. Change of point of diversion to downstream intake structure— Intent. Change of point of diversion to downstream intake structure— Conditions for approval. Crimes against water code—Unauthorized use of water. Crimes against water code—Interference with works— Wrongful use of water—Property destruction—Penalty. Crimes against water code—Obstruction of right-of-way. Partnership ditches—Action for reimbursement for work done. Partnership ditches—Procedure for division of water between joint owners. Partnership ditches—Lien for labor performed. Inchoate rights not affected. Schedule of fees. Disposition of fees. Storm water control facilities—Imposition of rates and charges—Legislative findings. Storm water control facilities—Imposition of rates and charges—Credit for other improvements. Storm water control facilities—Imposition of rates and charges—Definitions. Storm water control facilities—Imposition of rates and charges with respect to state highway rights-of-way— Annual plan for expenditure of charges. Highway construction improvement projects—Joint storm water treatment facilities. Municipal water supply purposes—Beneficial uses. Municipal water supply purposes—Identification. Change or transfer of an unperfected surface water right for municipal water supply purposes. Failing public water system—Conditions. Municipal water suppliers—Watershed agreement—Pilot project. New watershed agreements prohibited after July 1, 2008. Civil penalties. Compliance—Sequence of enforcement measures—Location of compliance personnel. Prior acts on this subject: Code 1881 c 141; 1889 pp 706-728 §§ 1-67, 1889 p 728 § 1; 1889 p 729 §§ 1-2; 1891 c 142; 1899 c 131; 1901 cc 30, 33, 36; 1903 c 53; 1907 c 144; and 1909 c 209. (2008 Ed.) 90.03.015 Aquifer protection areas: Chapter 36.36 RCW. 90.03.005 State water policy—Cooperation with other agencies—Reduction of wasteful practices. It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state’s public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural values and rights. Consistent with this policy, the state supports economically feasible and environmentally sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities. Further, based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account sound principles of water management, the benefits and costs of improved water use efficiency, and the most effective use of public and private funds, and, when appropriate, to work to that end in concert with the agencies of the United States and other public and private entities. [1989 c 348 § 2; 1979 ex.s. c 216 § 8.] 90.03.005 Severability—1989 c 348: See note following RCW 90.54.020. Rights not impaired—1989 c 348: See RCW 90.54.920. Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. 90.03.010 Appropriation of water rights—Existing rights preserved. The power of the state to regulate and control the waters within the state shall be exercised as hereinafter in this chapter provided. Subject to existing rights all waters within the state belong to the public, and any right thereto, or to the use thereof, shall be hereafter acquired only by appropriation for a beneficial use and in the manner provided and not otherwise; and, as between appropriations, the first in time shall be the first in right. Nothing contained in this chapter shall be construed to lessen, enlarge, or modify the existing rights of any riparian owner, or any existing right acquired by appropriation, or otherwise. They shall, however, be subject to condemnation as provided in RCW 90.03.040, and the amount and priority thereof may be determined by the procedure set out in RCW 90.03.110 through 90.03.240. [1917 c 117 § 1; RRS § 7351. Prior: 1891 p 127 § 1. Formerly RCW 90.04.020.] 90.03.010 90.03.015 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Director" means the director of ecology. (3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes. (4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes by a city, town, public utility district, county, sewer 90.03.015 [Title 90 RCW—page 3] 90.03.020 Title 90 RCW: Water Rights—Environment district, or water district; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. If a governmental entity holds a water right that is for the purposes listed in (a), (b), or (c) of this subsection, its use of water or its delivery of water for any other beneficial use generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. (5) "Person" means any firm, association, water users’ association, corporation, irrigation district, or municipal corporation, as well as an individual. [2003 1st sp.s. c 5 § 1; 1987 c 109 § 65.] Severability—2003 1st sp.s. c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 1st sp.s. c 5 § 19.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.020 Units of water measurement. The legally recognized units of water measurement shall be as follows: For flowing water—one cubic foot of water per second of time, and to be designated "secondfoot." For absolute volume or quantity of water—forty-three thousand five hundred sixty cubic feet of water, and to be designated "acrefoot." [1917 c 117 § 2; RRS § 7352. Prior: 1890 p 729 § 1. Formerly RCW 90.04.010, part.] 90.03.020 90.03.030 Right to convey water along lake or stream—Conveyance to intake structure in neighboring state. Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepage, the amount of such seepage to be determined by the department, upon the application of any person interested. Water conveyed under this section may be conveyed to an approved intake structure located in a neighboring state in order to accomplish an approved modification of the point of diversion in a permit to appropriate water for a beneficial use, if approval of the neighboring state is documented to the satisfaction of the department. [1999 c 232 § 3; 1987 c 109 § 68; 1917 c 117 § 3; RRS § 7353. Formerly RCW 90.28.050.] 90.03.030 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.040 Eminent domain—Use of water declared public use. The beneficial use of water is hereby declared to 90.03.040 [Title 90 RCW—page 4] be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge existing structures employed for the public purposes mentioned in this chapter and use the same in common with the former owner, and including the right and power to condemn an inferior use of water for a superior use. In condemnation proceedings the court shall determine what use will be for the greatest public benefit, and that use shall be deemed a superior one: PROVIDED, That no property right in water or the use of water shall be acquired hereunder by condemnation for irrigation purposes, which shall deprive any person of such quantity of water as may be reasonably necessary for the irrigation of his land then under irrigation to the full extent of the soil, by the most economical method of artificial irrigation applicable to such land according to the usual methods of artificial irrigation employed in the vicinity where such land is situated. In any case, the court shall determine what is the most economical method of irrigation. Such property or rights shall be acquired in the manner provided by law for the taking of private property for public use by private corporations. [1917 c 117 § 4; RRS § 7354. Formerly RCW 90.04.030.] Eminent domain by corporations: Chapter 8.20 RCW. 90.03.050 90.03.050 Powers and duties of director of ecology through the division of water resources. See RCW 43.21A.064. 90.03.060 90.03.060 Water masters—Appointment, compensation. (1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require them. The districts for or in which the water masters serve shall be designated water master districts, which shall be fixed from time to time by the department, as required, and they shall be subject to revision as to boundaries or to complete abandonment as local conditions may indicate to be expedient, the spirit of this provision being that no district shall be created or continued where the need for the same does not exist. Water masters shall be supervised by the department, shall be compensated for services from funds of the department, and shall be technically qualified to the extent of understanding the elementary principals of hydraulics and irrigation, and of being able to make water measurements in streams and in open and closed conduits of all characters, by the usual methods employed for that purpose. Counties and municipal and public corporations of the state are authorized to contribute moneys to the department to be used as compensation to water masters in carrying out their duties. All such moneys received by the department shall be used exclusively for said purpose. (2) A water master may be appointed by the department for a watershed management area for which a plan adopted by a planning unit and by the counties with territory in the watershed management area under RCW 90.82.130 contains a requirement or request that a water master be appointed, subject to availability of state or nonstate funding. [1999 c 237 § 1; 1987 c 109 § 69; 1967 c 80 § 1; 1947 c 123 § 2; 1917 (2008 Ed.) Water Code c 117 § 9; Rem. Supp. 1947 § 7359. Formerly RCW 90.08.010.] 90.03.120 Prosecuting attorney, duties: RCW 36.27.020(3), (4). 90.03.105 Petition by planning units for general adjudication. The legislature finds that the lack of certainty regarding water rights within a water resource basin may impede management and planning for water resources. The legislature further finds that planning units conducting water resource planning under chapter 90.82 RCW may find that the certainty provided by a general adjudication of water rights under this chapter is required for water planning or water management in a water resource inventory area or in a portion of the area. Therefore, such planning units may petition the department to conduct such a general adjudication and the department shall give high priority to such a request in initiating any such general adjudications under this chapter. [1997 c 442 § 301.] 90.03.105 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Stream patrolmen (approval, supervision of, by water masters): Chapter 90.08 RCW. 90.03.070 Water masters—Duties—Office space and equipment—Clerical assistance. It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water supply of his district among the several water conduits and reservoirs using said supply, according to the right and priority of each, respectively. He shall divide, regulate and control the use of water within his district by such regulation of headgates, conduits and reservoirs as shall be necessary to prevent the use of water in excess of the amount to which the owner of the right is lawfully entitled. Whenever, in the pursuance of his duties, the water master regulates a headgate of a water conduit or the controlling works of a reservoir, he shall attach to such headgate or controlling works a written notice, properly dated and signed, stating that such headgate or controlling works has been properly regulated and is wholly under his control and such notice shall be a legal notice to all parties. In addition to dividing the available waters and supervising the stream patrolmen in his district, he shall enforce such rules and regulations as the department shall from time to time prescribe. The county or counties in which water master districts are created shall deputize the water masters appointed hereunder, and may without charge provide to each water master suitable office space, supplies, equipment and clerical assistance as are necessary to the water master in the performance of his duties. [1987 c 109 § 70; 1967 c 80 § 2; 1917 c 117 § 10; RRS § 7360. Formerly RCW 90.08.020.] 90.03.070 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Water master’s power of arrest: RCW 90.03.090. 90.03.090 Water master’s power of arrest. The water master shall have the power, within his or her district, to arrest any person in the act of violating any of the provisions of this chapter and to deliver such person promptly into the custody of the sheriff or other competent officer within the county and immediately upon such delivery the water master making the arrest shall, in writing and upon oath, make complaint before the proper district judge against the person so arrested. [1987 c 202 § 250; 1917 c 117 § 12; RRS § 7362. Formerly RCW 90.08.030.] 90.03.090 Intent—1987 c 202: See note following RCW 2.04.190. 90.03.100 Prosecuting attorney, legal assistant. It shall be the duty of the prosecuting attorney of any county to appear for or on behalf of the department or any water master, upon request of any such officer in any case which may arise in the performance of the official duties of any such officer within the jurisdiction of said prosecuting attorney. [1987 c 109 § 71; 1917 c 117 § 13; RRS § 7363.] 90.03.100 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Attorney general to represent state, agencies, etc.: RCW 43.10.040. (2008 Ed.) Part headings not law—Severability—1997 c 442: See RCW 90.82.900 and 90.82.901. 90.03.110 Determination of water rights—Petition— Statement and plan. Upon the filing of a petition with the department by one or more persons claiming the right to divert any waters within the state or when, after investigation, in the judgment of the department, the interest of the public will be subserved by a determination of the rights thereto, it shall be the duty of the department to prepare a statement of the facts, together with a plan or map of the locality under investigation, and file such statement and plan or map in the superior court of the county in which said water is situated, or, in case such water flows or is situated in more than one county, in the county which the department shall determine to be the most convenient to the parties interested therein. Such statement shall contain substantially the following matter, to wit: (1) The names of all known persons claiming the right to divert said water, the right to the diversion of which is sought to be determined, and (2) A brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto. [1987 c 109 § 72; 1917 c 117 § 14; RRS § 7364. Formerly RCW 90.12.010.] 90.03.110 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Additional powers and duties enumerated—Payment for from reclamation account: RCW 89.16.055. Application of RCW sections to specific proceedings: RCW 90.14.200. Schedule of fees: RCW 90.03.470. 90.03.120 Determination of water rights—Order— Summons—Necessary parties. Upon the filing of the statement and map as provided in RCW 90.03.110 the judge of such superior court shall make an order directing summons to be issued, and fixing the return day thereof, which shall be not less than sixty nor more than ninety days, after the making of such order: PROVIDED, That for good cause, the court, at the request of the department, may modify said time period. A summons shall thereupon be issued out of said superior court, signed and attested by the clerk thereof, in the name of the state of Washington, as plaintiff, against all known persons claiming the right to divert the water involved and also all persons unknown claiming the right to divert the 90.03.120 [Title 90 RCW—page 5] 90.03.130 Title 90 RCW: Water Rights—Environment water involved, which said summons shall contain a brief statement of the objects and purpose of the proceedings and shall require the defendants to appear on the return day thereof, and make and file a statement of claim to, or interest in, the water involved and a statement that unless they appear at the time and place fixed and assert such right, judgment will be entered determining their rights according to the evidence: PROVIDED, HOWEVER, That any persons claiming the right to the use of water by virtue of a contract with claimant to the right to divert the same, shall not be necessary parties to the proceeding. [1987 c 109 § 73; 1977 ex.s. c 357 § 1; 1917 c 117 § 15; RRS § 7365. Formerly RCW 90.12.020.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.130 Determination of water rights—Service of summons. Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions commenced in the superior courts of the state: PROVIDED, That for good cause, the court, at the request of the department, as an alternative to personal service, may authorize service of summons to be made by certified mail, with return receipt signed by defendant, a spouse of a defendant, or another person authorized to accept service. If the defendants, or either of them, cannot be found within the state of Washington, of which the return of the sheriff of the county in which the proceeding is pending shall be prima facie evidence, upon the filing of an affidavit by the department, or its attorney, in conformity with the statute relative to the service of summons by publication in civil actions, such service may be made by publication in a newspaper of general circulation in the county in which such proceeding is pending, and also publication of said summons in a newspaper of general circulation in each county in which any portion of the water is situated, once a week for six consecutive weeks (six publications). In cases where personal service can be had, such summons shall be served at least twenty days before the return day thereof. The summons by publication shall state that statements of claim must be filed within twenty days after the last publication or before the return date, whichever is later. Personal service of summons may be made by department of ecology employees for actions pertaining to water rights. [1987 c 109 § 74; 1979 ex.s. c 216 § 2; 1977 ex.s. c 357 § 2; 1929 c 122 § 1; 1917 c 117 § 16; RRS § 7366. Formerly RCW 90.12.030.] 90.03.130 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. Commencement of actions (service of summons): Chapter 4.28 RCW. Manner of publication and form of summons: RCW 4.28.110. Service of summons by publication—When authorized: RCW 4.28.100. 90.03.140 Determination of water rights—Statement by defendants. On or before the return day of such summons, each defendant shall file in the office of the clerk of said court a statement, and therewith a copy thereof for the department, containing substantially the following: (1) The name and post office address of defendant. 90.03.140 [Title 90 RCW—page 6] (2) The full nature of the right, or use, on which the claim is based. (3) The time of initiation of such right and commencement of such use. (4) The date of beginning and completion of construction. (5) The dimensions and capacity of all ditches existing at the time of making said statement. (6) The amount of land under irrigation and the maximum quantity of water used thereon prior to the date of said statement and if for power, or other purposes, the maximum quantity of water used prior to date of said statement. (7) The legal description of the land upon which said water has been, or may be, put to beneficial use, and the legal description of the subdivision of land on which the point of diversion is located. Such statement shall be verified on oath by the defendant, and in the discretion of the court may be amended. [1987 c 109 § 75; 1929 c 122 § 2; 1917 c 117 § 17; RRS § 7367. Formerly RCW 90.12.040.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.150 Determination of water rights—Guardian ad litem for defendant. Whenever any defendant in any proceeding instituted under this chapter is an infant, or an alleged incompetent or disabled person for whom the court has not yet appointed either a guardian or a limited guardian, the court shall appoint a guardian ad litem for such minor or alleged incompetent or disabled defendant. [1977 ex.s. c 80 § 75; 1917 c 117 § 18; RRS § 7368. Formerly RCW 90.12.050.] 90.03.150 Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190. Guardian ad litem for infant: RCW 4.08.050. for incapacitated person: RCW 4.08.060. 90.03.160 Determination of water rights—Referral to department. Upon the completion of the service of summons as hereinbefore provided, the superior court in which said proceeding is pending shall make an order referring said proceeding to the department to take testimony by its duly authorized designee, as referee, and the designee shall report to and file with the superior court of the county in which such cause is pending a transcript of such testimony for adjudication thereon by such court. The superior court may, in any complex case with more than one thousand named defendants, including the United States, retain for hearing and further processing such portions of the proceeding as pertain to a discrete class or classes of defendants or claims of water rights if the court determines that: (1) Resolution of claims of such classes appear to involve significant issues of law, either procedural or substantive; and (2) such a retention will both expedite the conclusion of the case and reduce the overall expenditures of the plaintiff, defendants, and the court. [1989 c 80 § 1; 1987 c 109 § 76; 1917 c 117 § 19; RRS § 7369. Formerly RCW 90.12.060.] 90.03.160 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. (2008 Ed.) Water Code 90.03.170 Determination of water rights—Hearing— Notice—Prior rights preserved. Thereupon the department shall fix a time and place for such hearing and serve written notice thereof upon all persons who have appeared in said proceeding, their agents or attorneys. Notice of such hearing shall be served at least ten days before the time fixed therefor. Such hearings may be adjourned from time to time and place to place. The duly authorized designee shall have authority to subpoena witnesses and administer oaths in the same manner and with the same powers as referees in civil actions. The fees and mileage of witnesses shall be advanced by the party at whose instance they are called as in civil actions. A final decree adjudicating rights or priorities, entered in any case decided prior to June 6, 1917, shall be conclusive among the parties thereto and the extent of use so determined shall be prima facie evidence of rights to the amount of water and priorities so fixed as against any person not a party to said decree. [1987 c 109 § 77; 1917 c 117 § 20; RRS § 7370. Formerly RCW 90.12.070.] 90.03.170 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Civil procedure—Costs: Chapter 4.84 RCW. Courts of record—Witnesses: Chapter 2.40 RCW. Trial procedure—Powers of referee: RCW 4.48.060. 90.03.180 Determination of water rights—Statement by defendants—Filing fee. At the time of filing the statement as provided in RCW 90.03.140, each defendant shall pay to the clerk of the superior court a fee as set under RCW 36.18.020. [1995 c 292 § 21; 1982 c 15 § 2; 1979 ex.s. c 216 § 3; 1929 c 122 § 3; 1919 c 71 § 2; 1917 c 117 § 21; RRS § 7371. Formerly RCW 90.12.080, part.] 90.03.180 Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. 90.03.190 Determination of water rights—Transcript of testimony—Filing—Notice of hearing. Upon the completion of the taking of testimony it shall be the duty of the department’s designee to prepare and file with the clerk of the superior court where such proceeding is pending, a transcript of the testimony taken at such hearing, in triplicate, together with all papers and exhibits offered and received in evidence and not already a part of the record. He shall also make and file in said court a full and complete report as in other cases of reference in the superior court. Two of said transcripts shall be for the use of the parties as the court may direct. The court shall set a time for the hearing and the designee shall thereupon prepare a notice designating a time for the hearing of said report and serve a copy thereof, together with a copy of his report, on all persons, their agents or attorneys who have appeared in such proceeding. Such service shall be made not less than twenty days before the time for said hearing, either personally or by registered mail, and an affidavit of such service filed with the clerk. [1987 c 109 § 78; 1917 c 117 § 22; RRS § 7372. Formerly RCW 90.12.090.] 90.03.190 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.200 Determination of water rights—Exceptions to report—Decree—Appellate review. Upon the fil90.03.200 (2008 Ed.) 90.03.210 ing of the evidence and the report of the department, any interested party may, on or before five days prior to the date of said hearing, file exceptions to such report in writing and such exception shall set forth the grounds therefor and a copy thereof shall be served personally or by registered mail upon all parties who have appeared in the proceeding. If no exceptions be filed, the court shall enter a decree determining the rights of the parties according to the evidence and the report of the department, whether such parties have appeared therein or not. If exceptions are filed the action shall proceed as in case of reference of a suit in equity and the court may in its discretion take further evidence or, if necessary, remand the case for such further evidence to be taken by the department’s designee, and may require further report by him. Costs, not including taxable attorneys fees, may be allowed or not; if allowed, may be apportioned among the parties in the discretion of the court. Appellate review of the decree shall be in the same manner as in other cases in equity, except that review must be sought within sixty days from the entry thereof. [1988 c 202 § 91; 1987 c 109 § 79; 1971 c 81 § 176; 1917 c 117 § 23; RRS § 7373. Formerly RCW 90.12.100.] Severability—1988 c 202: See note following RCW 2.24.050. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.210 Determination of water rights—Interim regulation of water—Appeals. (1) During the pendency of such adjudication proceedings prior to judgment or upon review by an appellate court, the stream or other water involved shall be regulated or partially regulated according to the schedule of rights specified in the department’s report upon an order of the court authorizing such regulation: PROVIDED, Any interested party may file a bond and obtain an order staying the regulation of said stream as to him, in which case the court shall make such order regarding the regulation of the stream or other water as he may deem just. The bond shall be filed within five days following the service of notice of appeal in an amount to be fixed by the court and with sureties satisfactory to the court, conditioned to perform the judgment of the court. (2) Any appeal of a decision of the department on an application to change or transfer a water right subject to a general adjudication that is being litigated actively and was commenced before October 13, 1977, shall be conducted as follows: (a) The appeal shall be filed with the court conducting the adjudication and served under RCW 34.05.542(3). The content of the notice of appeal shall conform to RCW 34.05.546. Standing to appeal shall be based on the requirements of RCW 34.05.530 and is not limited to parties to the adjudication. (b) If the appeal includes a challenge to the portion of the department’s decision that pertains to tentative determinations of the validity and extent of the water right, review of those tentative determinations shall be conducted by the court consistent with the provisions of RCW 34.05.510 through 34.05.598, except that the review shall be de novo. (c) If the appeal includes a challenge to any portion of the department’s decision other than the tentative determinations of the validity and extent of the right, the court must certify to the pollution control hearings board for review and 90.03.210 [Title 90 RCW—page 7] 90.03.220 Title 90 RCW: Water Rights—Environment decision those portions of the department’s decision. Review by the pollution control hearings board shall be conducted consistent with chapter 43.21B RCW and the board’s implementing regulations, except that the requirements for filing, service, and content of the notice of appeal shall be governed by (a) of this subsection. (d) Appeals shall be scheduled to afford all parties full opportunity to participate before the superior court and the pollution control hearings board. (e) Any person wishing to appeal the decision of the board made under (c) of this subsection shall seek review of the decision in accordance with chapter 34.05 RCW, except that the petition for review must be filed with the superior court conducting the adjudication. (3) Nothing in this section shall be construed to affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under federal law. Nothing in this section is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from impairment its federally reserved water rights in federal court. [2001 c 220 § 5; 1988 c 202 § 92; 1987 c 109 § 80; 1921 c 103 § 1; RRS § 7374. Formerly RCW 90.12.110.] Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110. Severability—1988 c 202: See note following RCW 2.24.050. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.220 Determination of water rights—Failure to appear—Estoppel. Whenever proceedings shall be instituted for the determination of the rights to the use of water, any defendant who shall fail to appear in such proceedings, after legal service, and submit proof of his claim, shall be estopped from subsequently asserting any right to the use of such water embraced in such proceeding, except as determined by such decree. [1917 c 117 § 24; RRS § 7375. Formerly RCW 90.12.120.] 90.03.220 90.03.230 Determination of water rights—Copy of decree to director. The clerk of the superior court, immediately upon the entry of any decree by the superior court, shall transmit a certified copy thereof to the director, who shall immediately enter the same upon the records of the department. [1987 c 109 § 81; 1917 c 117 § 25; RRS § 7376. Formerly RCW 90.12.130.] 90.03.230 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.240 Determination of water rights—Diversion certificate. Upon the final determination of the rights to the diversion of water it shall be the duty of the department to issue to each person entitled to the diversion of water by such determination, a certificate under his official seal, setting forth the name and post office address of such person; the priority and purpose of the right; the period during which said right may be exercised, the point of diversion and the place of use; the land to which said water right is appurtenant and when applicable the maximum quantity of water allowed. [1987 c 109 § 82; 1917 c 117 § 26; RRS § 7377. Formerly RCW 90.12.140.] 90.03.240 [Title 90 RCW—page 8] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.243 Determination of water rights—State to bear its expenses, when. The expenses incurred by the state in a proceeding to determine rights to water initiated under RCW 90.03.110 or 90.44.220 or upon appeal of such a determination shall be borne by the state. [1982 c 15 § 1.] 90.03.243 90.03.245 Determination of water rights—Scope. Rights subject to determination proceedings conducted under RCW 90.03.110 through 90.03.240 and 90.44.220 include all rights to the use of water, including all diversionary and instream water rights, and include rights to the use of water claimed by the United States. Nothing in this section may be construed as establishing or creating any new rights to the use of water. This section relates exclusively to the confirmation of water rights established or created under other provisions of state law or under federal laws. [1979 ex.s. c 216 § 1.] 90.03.245 Effective date—1979 ex.s. c 216: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [June 4, 1979]." [1979 ex.s. c 216 § 12.] Severability—1979 ex.s. c 216: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 216 § 13.] 90.03.247 Minimum flows and levels—Departmental authority exclusive—Other recommendations considered. Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to protect the levels or flows. No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to *RCW 77.55.100 and chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fish and wildlife, the department of community, trade, and economic development, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife, the department of community, trade, and economic development, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife, the department of community, trade, and economic development, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs. [2003 c 39 § 48; 1996 c 186 § 523; 1994 c 264 § 82. 90.03.247 (2008 Ed.) Water Code Prior: 1987 c 506 § 95; 1987 c 505 § 81; 1980 c 87 § 46; 1979 ex.s. c 166 § 1.] *Reviser’s note: RCW 77.55.100 was repealed by 2005 c 146 § 1006. Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 90.03.250 Appropriation procedure—Application for permit—Temporary permit. Any person, municipal corporation, firm, irrigation district, association, corporation or water users’ association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030. [1987 c 109 § 83; 1917 c 117 § 27; RRS § 7378. Formerly RCW 90.20.010.] 90.03.250 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Schedule of fees: RCW 90.03.470. 90.03.252 Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable. The permit requirements of RCW 90.03.250 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of RCW 90.46.120 and do not apply to the use of agricultural industrial process water as provided under RCW 90.46.150. [2001 c 69 § 6; 1997 c 444 § 2.] 90.03.252 Severability—1997 c 444: See note following RCW 90.46.010. 90.03.255 Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique. The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department’s consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of groundwater that may occur, as a means of making water available or otherwise offsetting the impact of 90.03.255 (2008 Ed.) 90.03.260 the diversion of surface water proposed in the application for the water right, transfer, or change. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department as a condition for approving an application that does not include such provision. This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise. [1997 c 360 § 2; 1996 c 306 § 1.] Findings—Purpose—1997 c 360: "The legislature finds that in many basins in the state there is water available on a seasonal basis that is in excess of the needs of either existing water right holders or instream resources. The legislature finds that excess waters often result in significant flooding and damage to public and private resources. Further, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. Further, in some areas of the state additional supplies of water are needed to meet the needs of a growing economy and population. The legislature finds there is a range of alternatives that offset the impacts that should be encouraged including the creation, restoration, enhancement, or enlargement of ponds, wetlands, and reservoirs and the artificial recharge of aquifers. The purpose of this act is to foster the improvement in the water supplies available to meet the needs of the state. It is the goal of this act to strengthen the state’s economy while maintaining and improving the overall quality of the state’s environment." [1997 c 360 § 1.] 90.03.260 Appropriation procedure—Application— Contents. (1) Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work, the time within which the completion of the construction and the time for the complete application of the water to the proposed use. (2) If for agricultural purposes, the application shall give the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied. (3) If for construction of a reservoir, the application shall give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters. (4) If for community or multiple domestic water supply, the application shall give the projected number of service connections sought to be served. However, for a municipal water supplier that has an approved water system plan under chapter 43.20 RCW or an approval from the department of health to serve a specified number of service connections, the service connection figure in the application or any subsequent water right document is not an attribute limiting exercise of the water right as long as the number of service connections to be served under the right is consistent with the approved water system plan or specified number. (5) If for municipal water supply, the application shall give the present population to be served, and, as near as may be estimated, the future requirement of the municipality. However, for a municipal water supplier that has an approved water system plan under chapter 43.20 RCW or an approval 90.03.260 [Title 90 RCW—page 9] 90.03.265 Title 90 RCW: Water Rights—Environment from the department of health to serve a specified number of service connections, the population figures in the application or any subsequent water right document are not an attribute limiting exercise of the water right as long as the population to be provided water under the right is consistent with the approved water system plan or specified number. (6) If for mining purposes, the application shall give the nature of the mines to be served and the method of supplying and utilizing the water; also their location by legal subdivisions. (7) All applications shall be accompanied by such maps and drawings, in duplicate, and such other data, as may be required by the department, and such accompanying data shall be considered as a part of the application. [2003 1st sp.s. c 5 § 4; 1987 c 109 § 84; 1917 c 117 § 28; RRS § 7379. Formerly RCW 90.20.020.] Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Height of dams on tributaries of Columbia river: RCW 77.55.191. 90.03.265 Appropriation procedure—Cost-reimbursement agreement for expedited review of application. Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department, may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A costreimbursement agreement may only be initiated under this section if the applicant agrees to pay for, or as part of a cooperative effort agrees to pay for, the cost of processing his or her application and all other applications from the same source of supply which must be acted upon before the applicant’s request because they were filed prior to the date of when the applicant filed. The department shall use the process established under RCW 43.21A.690 for entering into cost-reimbursement agreements. [2003 c 70 § 6; 2000 c 251 § 7.] 90.03.265 Intent—Captions not law—Effective date—2000 c 251: See notes following RCW 43.21A.690. 90.03.270 Appropriation procedure—Record of application. Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and to keep a record of same. If upon examination, the application is found to be defective, it shall be returned to the applicant for correction or completion, and the date and the reasons for the return thereof shall be endorsed thereon and made a record in his office. No application shall lose its priority of filing on account of such defects, provided acceptable maps, drawings and such data as is required by the department shall be filed with the department within such reasonable time as it shall require. [1987 c 109 § 85; 1917 c 117 § 29; RRS § 7380. Formerly RCW 90.20.030.] 90.03.270 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.280 Appropriation procedure—Notice. Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by the department in a newspaper of general 90.03.280 [Title 90 RCW—page 10] circulation published in the county or counties in which the storage, diversion, and use is to be made, and in such other newspapers as the department may direct, once a week for two consecutive weeks. Upon receipt by the department of an application it shall send notice thereof containing pertinent information to the director of fish and wildlife. [1994 c 264 § 83; 1988 c 36 § 65; 1987 c 109 § 66; 1953 c 275 § 1; 1939 c 127 § 1; 1925 ex.s. c 161 § 1; 1917 c 117 § 30; RRS § 7381. Formerly RCW 90.20.040.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.290 Appropriation procedure—Department to investigate—Preliminary permit—Findings and action on application. (1) When an application complying with the provisions of this chapter and with the rules of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied. If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation. If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public. (2)(a) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent, and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit. (b) For any application for which a preliminary permit was issued and for which the availability of water was directly affected by a moratorium on further diversions from the Columbia river during the years from 1990 to 1998, the preliminary permit is extended through June 30, 2002. If such an application and preliminary permit were canceled during the moratorium, the application and preliminary permit shall be reinstated until June 30, 2002, if the application and permit: (i) Are for providing regional water supplies in more than one urban growth area designated under chapter 36.70A RCW and in one or more areas near such urban growth areas, or the application and permit are modified for providing such supplies, and (ii) provide or are modified to provide such regional supplies through the use of existing intake or diver90.03.290 (2008 Ed.) Water Code sion structures. The authority to modify such a canceled application and permit to accomplish the objectives of (b)(i) and (ii) of this subsection is hereby granted. (3) The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for. (4) If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance. [2001 c 239 § 1; 1994 c 264 § 84; 1988 c 36 § 66; 1987 c 109 § 86; 1947 c 133 § 1; 1939 c 127 § 2; 1929 c 122 § 4; 1917 c 117 § 31; Rem. Supp. 1947 § 7382. Formerly RCW 90.20.050 and 90.20.060.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Inapplicability of section to RCW 90.03.290: RCW 90.14.200. 90.03.300 Appropriation procedure—Diversion of water for out-of-state use—Reciprocity. No permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such permit, or any portion of the works in such application described and to be constructed for the purpose of storing, conserving, diverting or distributing such water, or because the place of intended use or the lands to be irrigated by means of such water, or any part thereof, may be situated in some other state or nation, but in all such cases where either the point of diversion or any of such works or the place of intended use, or the lands, or part of the lands, to be irrigated by means of such water, are situated within the state of Washington, the permit shall issue as in other cases: PROVIDED, 90.03.300 (2008 Ed.) 90.03.320 HOWEVER, That the department may in its discretion, decline to issue a permit where the point of diversion described in the application is within the state of Washington but the place of beneficial use in some other state or nation, unless under the laws of such state or nation water may be lawfully diverted within such state or nation for beneficial use in the state of Washington. [1987 c 109 § 87; 1921 c 103 § 3; RRS § 7383. Formerly RCW 90.20.070.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.310 Appropriation procedure—Assignability of permit or application. Any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment shall be binding or valid unless filed for record with the department. Any application for permits to appropriate water prior to permit issuing, may be assigned by the applicant, but no such assignment shall be valid or binding unless the written consent of the department is first obtained thereto, and unless such assignment is filed for record with the department. [1987 c 109 § 88; 1917 c 117 § 32; RRS § 7384. Prior: 1891 c 142 § 6. Formerly RCW 90.20.080.] 90.03.310 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.320 Appropriation procedure—Construction work. Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected. For good cause shown, the department shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. Good cause includes prevention or restriction of water use by operation of federal laws for the time or times fixed for commencing work, completing work, and applying water to beneficial use otherwise authorized under a water right permit issued for a federal reclamation project. In fixing construction schedules and the time, or extension of time, for application of water to beneficial use for municipal water supply purposes, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures implemented by the public water system, and the supply needs of the public water system’s service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand projections prepared by 90.03.320 [Title 90 RCW—page 11] 90.03.330 Title 90 RCW: Water Rights—Environment public water systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand projection may be used. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause is not shown, the permit shall be canceled. [1999 c 400 § 1; 1997 c 445 § 3; 1987 c 109 § 67; 1917 c 117 § 33; RRS § 7385. Formerly RCW 90.20.090.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.330 Appropriation procedure—Water right certificate. (1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by the director, and such certificate shall thereupon be recorded with the department. Any original water right certificate issued, as provided by this chapter, shall be recorded with the department and thereafter, at the expense of the party receiving the same, be transmitted by the department to the county auditor of the county or counties where the distributing system or any part thereof is located, and be recorded in the office of such county auditor, and thereafter be transmitted to the owner thereof. (2) Except as provided for the issuance of certificates under RCW 90.03.240 and for the issuance of certificates following the approval of a change, transfer, or amendment under RCW 90.03.380 or 90.44.100, the department shall not revoke or diminish a certificate for a surface or ground water right for municipal water supply purposes as defined in RCW 90.03.015 unless the certificate was issued with ministerial errors or was obtained through misrepresentation. The department may adjust such a certificate under this subsection if ministerial errors are discovered, but only to the extent necessary to correct the ministerial errors. The department may diminish the right represented by such a certificate if the certificate was obtained through a misrepresentation on the part of the applicant or permit holder, but only to the extent of the misrepresentation. The authority provided by this subsection does not include revoking, diminishing, or adjusting a certificate based on any change in policy regarding the issuance of such certificates that has occurred since the certificate was issued. This subsection may not be construed as providing any authority to the department to revoke, diminish, or adjust any other water right. (3) This subsection applies to the water right represented by a water right certificate issued prior to September 9, 2003, for municipal water supply purposes as defined in RCW 90.03.015 where the certificate was issued based on an administrative policy for issuing such certificates once works for diverting or withdrawing and distributing water for municipal supply purposes were constructed rather than after the water had been placed to actual beneficial use. Such a water right is a right in good standing. (4) After September 9, 2003, the department must issue a new certificate under subsection (1) of this section for a water right represented by a water right permit only for the 90.03.330 [Title 90 RCW—page 12] perfected portion of a water right as demonstrated through actual beneficial use of water. [2003 1st sp.s. c 5 § 6; 1987 c 109 § 89; 1929 c 122 § 5; 1917 c 117 § 34; RRS § 7386. Formerly RCW 90.20.100.] Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.340 Appropriation procedure—Effective date of water right. The right acquired by appropriation shall relate back to the date of filing of the original application with the department. [1987 c 109 § 90; 1917 c 117 § 35; RRS § 7387. Formerly RCW 90.20.110.] 90.03.340 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.345 Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates. The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment. Whenever an application for a permit to make beneficial use of public waters embodied in a reservation, established after September 1, 1979, is filed with the department of ecology after the effective date of such reservation, the priority date for a permit issued pursuant to an approval by the department of ecology of the application shall be the effective date of the reservation. [1979 ex.s. c 216 § 7.] 90.03.345 Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. 90.03.350 Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations. Except as provided in RCW 43.21A.068, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such 90.03.350 (2008 Ed.) Water Code dam or controlling works, whenever he or she is requested to do so by the department. A metals mining and milling operation regulated under chapter 232, Laws of 1994 is subject to additional dam safety inspection requirements due to the special hazards associated with failure of a tailings pond impoundment. The department shall inspect these impoundments at least quarterly during the project’s operation and at least annually thereafter for the postclosure monitoring period in order to ensure the safety of the dam or controlling works. The department shall conduct additional inspections as needed during the construction phase of the mining operation in order to ensure the safe construction of the tailings impoundment. [1995 c 8 § 6; 1994 c 232 § 20; 1987 c 109 § 91; 1955 c 362 § 1; 1939 c 107 § 1; 1917 c 117 § 36; RRS § 7388. Formerly RCW 90.28.060.] [1954 SLC-RO-18.] Findings—1995 c 8: See note following RCW 43.21A.064. Severability—1994 c 232: See RCW 78.56.900. Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Height of dams on tributaries of Columbia river: RCW 77.55.191. 90.03.360 Controlling works and measuring devices—Metering of diversions—Impact on fish stock. (1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water diverted. Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir. Metering of diversions or measurement by other approved methods shall be required as a condition for all new surface water right permits, and except as provided in subsection (2) of this section, may be required as a condition for all previously existing surface water rights. The department may also require, as a condition for all water rights, metering of diversions, and reports regarding such metered diversions as to the amount of water being diverted. Such reports shall be in a form prescribed by the department. (2) Where water diversions are from waters in which the salmonid stock status is depressed or critical, as determined by the department of fish and wildlife, or where the volume of water being diverted exceeds one cubic foot per second, the department shall require metering or measurement by other approved methods as a condition for all new and previously existing water rights or claims. The department shall attempt to integrate the requirements of this subsection into its existing compliance workload priorities, but shall prioritize the requirements of this subsection ahead of the existing compliance workload where a delay may cause the decline of wild salmonids. The department shall notify the department of fish and wildlife of the status of fish screens associated with these diversions. This subsection (2) shall not apply to diversions for public or private hatcheries or fish rearing facilities if the diverted water is returned directly to the waters from which it 90.03.360 (2008 Ed.) 90.03.370 was diverted. [1994 c 264 § 85; 1993 sp.s. c 4 § 12; 1989 c 348 § 6; 1987 c 109 § 92; 1917 c 117 § 37; RRS § 7389. Formerly RCW 90.28.070.] Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600. Severability—1989 c 348: See note following RCW 90.54.020. Rights not impaired—1989 c 348: See RCW 90.54.920. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Instream flows: RCW 90.22.060. 90.03.370 Reservoir permits—Secondary permits— Expedited processing—Underground artificial storage and recovery project standards and rules—Exemptions—Report to the legislature. (1)(a) All applications for reservoir permits are subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit. The department may accept for processing a single application form covering both a proposed reservoir and a proposed secondary permit or permits for use of water from that reservoir. (b) The department shall expedite processing applications for the following types of storage proposals: (i) Development of storage facilities that will not require a new water right for diversion or withdrawal of the water to be stored; (ii) Adding or changing one or more purposes of use of stored water; (iii) Adding to the storage capacity of an existing storage facility; and (iv) Applications for secondary permits to secure use from existing storage facilities. (c) A secondary permit for the beneficial use of water shall not be required for use of water stored in a reservoir where the water right for the source of the stored water authorizes the beneficial use. (2)(a) For the purposes of this section, "reservoir" includes, in addition to any surface reservoir, any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for issuance of a reservoir permit an underground geological formation must meet standards for review and mitigation of adverse impacts identified, for the following issues: (i) Aquifer vulnerability and hydraulic continuity; (ii) Potential impairment of existing water rights; 90.03.370 [Title 90 RCW—page 13] 90.03.380 Title 90 RCW: Water Rights—Environment (iii) Geotechnical impacts and aquifer boundaries and characteristics; (iv) Chemical compatibility of surface waters and groundwater; (v) Recharge and recovery treatment requirements; (vi) System operation; (vii) Water rights and ownership of water stored for recovery; and (viii) Environmental impacts. (b) Standards for review and standards for mitigation of adverse impacts for an underground artificial storage and recovery project shall be established by the department by rule. Notwithstanding the provisions of RCW 90.03.250 through 90.03.320, analysis of each underground artificial storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed by the department. (3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a groundwater subarea is established. (4) Nothing in chapter 98, Laws of 2000 changes the requirements of existing law governing issuance of permits to appropriate or withdraw the waters of the state. (5) The department shall report to the legislature by December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this section and on the status of any applications that have been filed with the department for underground artificial storage and recovery projects by that date. (6) Where needed to ensure that existing storage capacity is effectively and efficiently used to meet multiple purposes, the department may authorize reservoirs to be filled more than once per year or more than once per season of use. (7) This section does not apply to facilities to recapture and reuse return flow from irrigation operations serving a single farm under an existing water right as long as the acreage irrigated is not increased beyond the acreage allowed to be irrigated under the water right. (8) In addition to the facilities exempted under subsection (7) of this section, this section does not apply to small irrigation impoundments. For purposes of this section, "small irrigation impoundments" means lined surface storage ponds less than ten acre feet in volume used to impound irrigation water under an existing water right where use of the impoundment: (a)(i) Facilitates efficient use of water; or (ii) promotes compliance with an approved recovery plan for [Title 90 RCW—page 14] endangered or threatened species; and (b) does not expand the number of acres irrigated or the annual consumptive quantity of water used. Such ponds must be lined unless a licensed engineer determines that a liner is not needed to retain water in the pond and to prevent groundwater contamination. Although it may also be composed of other materials, a properly maintained liner may be composed of bentonite. Water remaining in a small irrigation impoundment at the end of an irrigation season may be carried over for use in the next season. However, the limitations of this subsection (8) apply. Development and use of a small irrigation impoundment does not constitute a change or amendment for purposes of RCW 90.03.380 or 90.44.055. [2003 c 329 § 1; 2002 c 329 § 10; 2000 c 98 § 3; 1987 c 109 § 93; 1917 c 117 § 38; RRS § 7390. Formerly RCW 90.28.080.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.380 Right to water attaches to land—Transfer or change in point of diversion—Transfer of rights from one district to another—Priority of water rights applications—Exemption for small irrigation impoundments. (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the two years of greatest use within the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water. (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence 90.03.380 (2008 Ed.) Water Code from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts. (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights. (4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070. (5)(a) Pending applications for new water rights are not entitled to protection from impairment, injury, or detriment when an application relating to an existing surface or ground water right is considered. (b) Applications relating to existing surface or ground water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights. (c) Notwithstanding any other existing authority to process applications, including but not limited to the authority to process applications under WAC 173-152-050 as it existed on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application relating to an existing right when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and informs the applicant that processing of the next application will begin. The previously filed application does not lose its priority date and if the information is provided by the applicant within sixty days, the previously filed application shall be processed at that time. This subsection (5)(c) does not affect any other existing authority to process applications. (d) Nothing in this subsection (5) is intended to stop the processing of applications for new water rights. (6) No applicant for a change, transfer, or amendment of a water right may be required to give up any part of the applicant’s valid water right or claim to a state agency, the trust water rights program, or to other persons as a condition of processing the application. (7) In revising the provisions of this section and adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised. (8) The development and use of a small irrigation impoundment, as defined in RCW 90.03.370(8), does not constitute a change or amendment for the purposes of this section. The exemption expressly provided by this subsec(2008 Ed.) 90.03.383 tion shall not be construed as requiring a change or transfer of any existing water right to enable the holder of the right to store water governed by the right. [2003 c 329 § 2; 2001 c 237 § 5; 1997 c 442 § 801; 1996 c 320 § 19; 1991 c 347 § 15; 1987 c 109 § 94; 1929 c 122 § 6; 1917 c 117 § 39; RRS § 7391. Formerly RCW 90.28.090.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. Part headings not law—Severability—1997 c 442: See RCW 90.82.900 and 90.82.901. Purposes—1991 c 347: See note following RCW 90.42.005. Severability—1991 c 347: See RCW 90.42.900. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Application to Yakima river basin trust water rights: RCW 90.38.040. 90.03.383 Interties—Findings—Definitions—Review and approval. (1) The legislature recognizes the value of interties for improving the reliability of public water systems, enhancing their management, and more efficiently utilizing the increasingly limited resource. Given the continued growth in the most populous areas of the state, the increased complexity of public water supply management, and the trend toward regional planning and regional solutions to resource issues, interconnections of public water systems through interties provide a valuable tool to ensure reliable public water supplies for the citizens of the state. Public water systems have been encouraged in the past to utilize interties to achieve public health and resource management objectives. The legislature finds that it is in the public interest to recognize interties existing and in use as of January 1, 1991, and to have associated water rights modified by the department of ecology to reflect current use of water through those interties, pursuant to subsection (3) of this section. The legislature further finds it in the public interest to develop a coordinated process to review proposals for interties commencing use after January 1, 1991. (2) For the purposes of this section, the following definitions shall apply: (a) "Interties" are interconnections between public water systems permitting exchange or delivery of water between those systems for other than emergency supply purposes, where such exchange or delivery is within established instantaneous and annual withdrawal rates specified in the systems’ existing water right permits or certificates, or contained in claims filed pursuant to chapter 90.14 RCW, and which results in better management of public water supply consistent with existing rights and obligations. Interties include interconnections between public water systems permitting exchange or delivery of water to serve as primary or secondary sources of supply, but do not include development of new sources of supply to meet future demand. (b) "Service area" is the area designated in a water system plan or a coordinated water system plan pursuant to chapter 43.20 or 70.116 RCW respectively. When a public water system does not have a designated service area subject to the approval process of those chapters, the service area shall be the designated place of use contained in the water right permit or certificate, or contained in the claim filed pursuant to chapter 90.14 RCW. 90.03.383 [Title 90 RCW—page 15] 90.03.383 Title 90 RCW: Water Rights—Environment (3) Public water systems with interties existing and in use as of January 1, 1991, or that have received written approval from the department of health prior to that date, shall file written notice of those interties with the department of health and the department of ecology. The notice may be incorporated into the public water system’s five-year update of its water system plan, but shall be filed no later than June 30, 1996. The notice shall identify the location of the intertie; the dates of its first use; the purpose, capacity, and current use; the intertie agreement of the parties and the service areas assigned; and other information reasonably necessary to modify the water right permit. Notwithstanding the provisions of RCW 90.03.380 and 90.44.100, for public water systems with interties existing and in use as of January 1, 1991, the department of ecology, upon receipt of notice meeting the requirements of this subsection, shall, as soon as practicable, modify the place of use descriptions in the water right permits, certificates, or claims to reflect the actual use through such interties, provided that the place of use is within service area designations established in a water system plan approved pursuant to chapter 43.20 RCW, or a coordinated water system plan approved pursuant to chapter 70.116 RCW, and further provided that the water used is within the instantaneous and annual withdrawal rates specified in the water right permit and that no outstanding complaints of impairment to existing water rights have been filed with the department of ecology prior to September 1, 1991. Where such complaints of impairment have been received, the department of ecology shall make all reasonable efforts to resolve them in a timely manner through agreement of the parties or through available administrative remedies. (4) Notwithstanding the provisions of RCW 90.03.380 and 90.44.100, exchange or delivery of water through interties commencing use after January 1, 1991, shall be permitted when the intertie improves overall system reliability, enhances the manageability of the systems, provides opportunities for conjunctive use, or delays or avoids the need to develop new water sources, and otherwise meets the requirements of this section, provided that each public water system’s water use shall not exceed the instantaneous or annual withdrawal rate specified in its water right authorization, shall not adversely affect existing water rights, and shall not be inconsistent with state-approved plans such as water system plans or other plans which include specific proposals for construction of interties. Interties commencing use after January 1, 1991, shall not be inconsistent with regional water resource plans developed pursuant to chapter 90.54 RCW. (5) For public water systems subject to the approval process of chapter 43.20 RCW or chapter 70.116 RCW, proposals for interties commencing use after January 1, 1991, shall be incorporated into water system plans pursuant to chapter 43.20 RCW or coordinated water system plans pursuant to chapter 70.116 RCW and submitted to the department of health and the department of ecology for review and approval as provided for in subsections (5) through (9) of this section. The plan shall state how the proposed intertie will improve overall system reliability, enhance the manageability of the systems, provide opportunities for conjunctive use, or delay or avoid the need to develop new water sources. (6) The department of health shall be responsible for review and approval of proposals for new interties. In its [Title 90 RCW—page 16] review the department of health shall determine whether the intertie satisfies the criteria of subsection (4) of this section, with the exception of water rights considerations, which are the responsibility of the department of ecology, and shall determine whether the intertie is necessary to address emergent public health or safety concerns associated with public water supply. (7) If the intertie is determined by the department of health to be necessary to address emergent public health or safety concerns associated with public water supply, the public water system shall amend its water system plan as required and shall file an application with the department of ecology to change its existing water right to reflect the proposed use of the water as described in the approved water system plan. The department of ecology shall process the application for change pursuant to RCW 90.03.380 or 90.44.100 as appropriate, except that, notwithstanding the requirements of those sections regarding notice and protest periods, applicants shall be required to publish notice one time, and the comment period shall be fifteen days from the date of publication of the notice. Within sixty days of receiving the application, the department of ecology shall issue findings and advise the department of health if existing water rights are determined to be adversely affected. If no determination is provided by the department of ecology within the sixty-day period, the department of health shall proceed as if existing rights are not adversely affected by the proposed intertie. The department of ecology may obtain an extension of the sixty-day period by submitting written notice to the department of health and to the applicant indicating a definite date by which its determination will be made. No additional extensions shall be granted, and in no event shall the total review period for the department of ecology exceed one hundred eighty days. (8) If the department of health determines the proposed intertie appears to meet the requirements of subsection (4) of this section but is not necessary to address emergent public health or safety concerns associated with public water supply, the department of health shall instruct the applicant to submit to the department of ecology an application for change to the underlying water right or claim as necessary to reflect the new place of use. The department of ecology shall consider the applications pursuant to the provisions of RCW 90.03.380 and 90.44.100 as appropriate. If in its review of proposed interties and associated water rights the department of ecology determines that additional information is required to act on the application, the department may request applicants to provide information necessary for its decision, consistent with agency rules and written guidelines. Parties disagreeing with the decision of the department of ecology on the application for change in place of use may appeal the decision to the pollution control hearings board. (9) The department of health may approve plans containing intertie proposals prior to the department of ecology’s decision on the water right application for change in place of use. However, notwithstanding such approval, construction work on the intertie shall not begin until the department of ecology issues the appropriate water right document to the applicant consistent with the approved plan. [1991 c 350 § 1.] (2008 Ed.) Water Code 90.03.386 Coordination of approval procedures for compliance and consistency with approved water system plan. (1) Within service areas established pursuant to chapter 43.20 or 70.116 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management program. (2) The effect of the department of health’s approval of a planning or engineering document that describes a municipal water supplier’s service area under chapter 43.20 RCW, or the local legislative authority’s approval of service area boundaries in accordance with procedures adopted pursuant to chapter 70.116 RCW, is that the place of use of a surface water right or groundwater right used by the supplier includes any portion of the approved service area that was not previously within the place of use for the water right if the supplier is in compliance with the terms of the water system plan or small water system management program, including those regarding water conservation, and the alteration of the place of use is not inconsistent, regarding an area added to the place of use, with: Any comprehensive plans or development regulations adopted under chapter 36.70A RCW; any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, if such a watershed plan has been approved for the area. (3) A municipal water supplier must implement costeffective water conservation in accordance with the requirements of RCW 70.119A.180 as part of its approved water system plan or small water system management program. In preparing its regular water system plan update, a municipal water supplier with one thousand or more service connections must describe: (a) The projects, technologies, and other cost-effective measures that comprise its water conservation program; (b) improvements in the efficiency of water system use resulting from implementation of its conservation program over the previous six years; and (c) projected effects of delaying the use of existing inchoate rights over the next six years through the addition of further cost-effective water conservation measures before it may divert or withdraw further amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW 90.03.320, the department must take into consideration the public water system’s use of conserved water. [2003 1st sp.s. c 5 § 5; 1991 c 350 § 2.] 90.03.386 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.390 Temporary changes—Emergency interties—Rotation in use. RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use of water when such change can be made without detriment to existing rights, but in no case shall such change be made without the permission of the water master of the district in which such proposed change is located, or of the department. Nor shall RCW 90.03.380 be construed to prevent construction of emergency interties between public water systems to permit exchange of water during short-term emergency situations, or rotation in the use of water for bringing about a more eco90.03.390 (2008 Ed.) 90.03.400 nomical use of the available supply, provided however, that the department of health in consultation with the department of ecology shall adopt rules or develop written guidelines setting forth standards for determining when a short-term emergency exists and the circumstances in which emergency interties are permitted. The rules or guidelines shall be consistent with the procedures established in RCW 43.83B.400 through 43.83B.420. Water users owning lands to which water rights are attached may rotate in the use of water to which they are collectively entitled, or an individual water user having lands to which are attached water rights of a different priority, may in like manner rotate in use when such rotation can be made without detriment to other existing water rights, and has the approval of the water master or department. [1991 c 350 § 3; 1987 c 109 § 95; 1929 c 122 § 7; RRS § 7391a. Formerly RCW 90.28.100.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.395 Change of point of diversion to downstream intake structure—Intent. The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use. [1999 c 232 § 1.] 90.03.395 90.03.397 Change of point of diversion to downstream intake structure—Conditions for approval. The department may approve a change of the point of diversion prescribed in a permit to appropriate water for a beneficial use to a point of diversion that is located downstream and is an existing approved intake structure with capacity to transport the additional diversion, if the ownership, purpose of use, season of use, and place of use of the permit remain the same. This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999. [1999 c 232 § 2.] 90.03.397 90.03.400 Crimes against water code—Unauthorized use of water. (1)(a) The unauthorized use of water to which another person is entitled or the willful or negligent waste of water to the detriment of another, is a misdemeanor. (b) For instances of the waste of water under this subsection, the department may alternatively follow the sequence of enforcement actions as provided in RCW 90.03.605. (2) The possession or use of water without legal right shall be prima facie evidence of the guilt of the person using it. (3) It is also a misdemeanor to use, store, or divert any water until after the issuance of permit to appropriate such water. [2003 1st sp.s. c 15 § 2; 2003 c 53 § 418; 1917 c 117 § 40; RRS § 7392. Formerly RCW 90.32.010.] 90.03.400 Reviser’s note: The effective date of 2003 c 53 § 418 is July 1, 2004. However, 2003 c 53 § 418 was amended by 2003 1st sp.s. c 15 § 2 which has an effective date of September 9, 2003. Consequently, the effective date of this section is September 9, 2003. [Title 90 RCW—page 17] 90.03.410 Title 90 RCW: Water Rights—Environment Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Punishment of misdemeanor when not fixed by statute: RCW 9.92.030. 90.03.410 Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty. (1) Any person or persons who shall wilfully interfere with, or injure or destroy any dam, dike, headgate, weir, canal or reservoir, flume or other structure or appliance for the diversion, carriage, storage, apportionment or measurement of water for irrigation, reclamation, power or other beneficial uses, or who shall wilfully use or conduct water into or through his ditch, which has been lawfully denied him by the water master or other competent authority, or shall wilfully injure or destroy any telegraph, telephone or electric transmission line, or any other property owned, occupied or controlled by any person, association, or corporation, or by the United States and used in connection with said beneficial use of water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction of any real or personal property, of property destruction and shall incur the penalties set forth in *RCW 9.61.070. (2) Any person or persons who shall wilfully or unlawfully take or use water, or conduct the same into his ditch or to his land, or land occupied by him, and for such purpose shall cut, dig, break down or open any headgate, bank, embankment, canal or reservoir, flume or conduit, or interfere with, injure or destroy any weir, measuring box or other appliance for the apportionment and measurement of water, or unlawfully take or cause to run or pour out of such structure or appliance any water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction of any real or personal property, of property destruction and shall incur the penalties set forth in *RCW 9.61.070. (3) The use of water through such structure or structures, appliance or appliances hereinbefore named after its or their having been interfered with, injured or destroyed, shall be prima facie evidence of the guilt of the person using it. [1971 ex.s. c 152 § 8; 1921 c 103 § 2; 1917 c 117 § 41; RRS § 7393. Formerly RCW 90.32.020.] 90.03.410 *Reviser’s note: RCW 9.61.070 was repealed by 1975 1st ex.s. c 260 § 9A.92.010, effective July 1, 1976. 90.03.420 Crimes against water code—Obstruction of right-of-way. Whenever any appropriator of water has the lawful right-of-way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto or trespass thereon. [1917 c 117 § 42; RRS § 7394. Formerly RCW 90.32.030.] 90.03.420 90.03.430 Partnership ditches—Action for reimbursement for work done. In all cases where irrigating ditches are owned by two or more persons and one or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, such owner or owners desiring the performance of such work as is reasonably necessary to maintain the ditch, may, after having given ten 90.03.430 [Title 90 RCW—page 18] days’ written notice to such owner or owners who have failed to perform his, her or their proportionate share of such work, necessary for the operation and maintenance of said ditch or ditches, perform his, her or their share of such work, and recover therefor from such person or persons so failing to perform his, her or their share of such work in any court having jurisdiction of the matter the expense or value of such work or labor so performed: PROVIDED, That no improvement involving an expenditure in excess of one hundred dollars shall be made without the written approval of the department having first been obtained. [1987 c 109 § 96; 1919 c 71 § 3; RRS § 7395. Formerly RCW 90.28.110.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.440 Partnership ditches—Procedure for division of water between joint owners. When two or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, and where there is no disagreement as to the ownership of said water, it shall be lawful for any such owner or owners, his or their lessee or lessees, or either of them, to apply to the department, in writing, setting forth such fact and giving such information as shall enable the department to estimate the probable expense of such service, asking the department to appoint some suitable person to take charge of such ditch or reservoir for the purpose of making a just division or distribution of the water from the same to the parties entitled to the use thereof. The department shall upon the receipt of such application notify the applicant of the probable expense of such division and upon receipt of certified check for said amount, the department shall appoint a suitable person to make such division. The person so appointed shall take exclusive charge of such ditch or reservoir for the purpose of dividing the water therefrom in accordance with the established rights of the diverters therefrom, and continue the said work until the necessity therefor shall cease to exist. The expense of such investigation and division shall be a charge upon all of the co-owners and the person advancing the payment to the department shall be entitled to recover in any court of competent jurisdiction from his coowners their proportionate share of the expense. [1987 c 109 § 97; 1919 c 71 § 4; RRS § 7396. Formerly RCW 90.28.130.] 90.03.440 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.450 Partnership ditches—Lien for labor performed. Upon the failure of any co-owner to pay his proportionate share of such expense as mentioned in RCW 90.03.430 within thirty days after receiving a statement of the same as performed by his co-owner or owners, such person or persons so performing such labor may secure payment of said claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the county auditor of the county wherein said ditch is situated, and when so filed it shall constitute a valid lien against the interest of such person or persons who shall fail to perform their proportionate share of the work requisite to the proper maintenance of said ditch, which said lien when so taken may be enforced in the same manner 90.03.450 (2008 Ed.) Water Code as provided by law for the enforcement of mechanics’ and builders’ liens. [1919 c 71 § 5; RRS § 7397. Formerly RCW 90.28.120.] Mechanics’ and materialmen’s liens: Chapter 60.04 RCW. 90.03.460 90.03.460 Inchoate rights not affected. Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to the circumstances surrounding the enterprise, including the magnitude of the project for putting the water to a beneficial use and the market for the resulting water right for irrigation or power or other beneficial use, in the locality in question. [1917 c 117 § 43; RRS § 7398. Formerly RCW 90.28.140.] 90.03.470 90.03.470 Schedule of fees. The fees specified in this section shall be collected by the department in advance of the requested action. (1) For the examination of an application for a permit to appropriate water, a minimum fee of fifty dollars must be remitted with the application. For an amount of water exceeding one-half cubic foot per second, the examination fee shall be assessed at the rate of one dollar per one hundredth cubic foot per second. In no case will the examination fee be less than fifty dollars or more than twenty-five thousand dollars. No fee is required under this subsection (1) for an application filed by a party to a cost-reimbursement agreement made under RCW 90.03.265. (2) For the examination of an application to store water, a fee of two dollars for each acre foot of storage proposed shall be charged, but a minimum fee of fifty dollars must be remitted with the application. In no case will the examination fee for a storage project be less than fifty dollars or more than twenty-five thousand dollars. No fee is required under this subsection (2) for an application filed by a party to a cost-reimbursement agreement made under RCW 90.03.265. (3)(a) For the examination of an application to transfer, change, or amend a water right certificate, permit, or claim as authorized by RCW 90.44.100, 90.44.105, or 90.03.380, a minimum fee of fifty dollars must be remitted with the application. For an application for change involving an amount of water exceeding one cubic foot per second, the total examination fee shall be assessed at the rate of fifty cents per one hundredth cubic foot per second. For an application for change of a storage water right, the total examination fee shall be assessed at the rate of one dollar for each acre foot of water involved in the change. The fee shall be based on the amount of water subject to change as proposed in the application, not on the total amount of water reflected in the water right certificate, permit, or claim. In no case will the examination fee charged for a change application be less than fifty dollars or more than twelve thousand five hundred dollars. (b) The examination fee for a temporary or seasonal change under RCW 90.03.390 is fifty dollars and must be remitted with the application. (c) No fee is required under this subsection (3) for: (i) An application to process a change relating to donation of a trust water right to the state; (2008 Ed.) 90.03.470 (ii) An application to process a change when the department otherwise acquires a trust water right for purposes of improving instream flows or for other public purposes; (iii) An application filed with a water conservancy board according to chapter 90.80 RCW or for the review of a water conservancy board’s record of decision submitted to the department according to chapter 90.80 RCW; or (iv) An application filed by a party to a cost-reimbursement agreement made under RCW 90.03.265. (d) For a change, transfer, or amendment involving a single project operating under more than one water right, including related secondary diversion rights, or involving the consolidation of multiple water rights, only one examination fee and one certificate fee are required to be paid. (4) The fifty-dollar minimum fee payable with the application shall be a credit to the total amount whenever the examination fee totals more than fifty dollars under the schedule specified in subsections (1) through (3) of this section and in such case the further fee due shall be the total computed amount, less the amount previously paid. Within five working days from receipt of an application, the department shall notify the applicant by registered mail of any additional fees due under subsections (1) through (3) of this section. (5) The fees specified in subsections (1) through (3) of this section do not apply to any filings for emergency withdrawal authorizations or temporary drought-related water right changes authorized under RCW 43.83B.410 that are received by the department while a drought condition order issued under RCW 43.83B.405 is in effect. (6) For applying for each extension of time for beginning construction work under a permit to appropriate water, for completion of construction work, or for completing application of water to a beneficial use, a fee of fifty dollars is required. These fees also apply to similar extensions of time requested under a change or transfer authorization. (7) For the inspection of any hydraulic works to insure safety to life and property, a fee based on the actual cost of the inspection, including the expense incident thereto, is required except as follows: (a) For any hydraulic works less than ten years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, there shall be no fee charged; or (b) for any hydraulic works more than ten years old, but less than twenty years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, the fee charged shall not exceed the fee for a significant hazard dam. (8) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, a minimum fee of ten dollars, or a fee equal to the actual cost, is required. (9) For recording an assignment either of a permit to appropriate water or of an application for such a permit, a fee of fifty dollars is required. (10) For preparing and issuing all water right certificates, a fee of fifty dollars is required. (11) For filing and recording a formal protest against granting any application, a fee of fifty dollars is required. No [Title 90 RCW—page 19] 90.03.471 Title 90 RCW: Water Rights—Environment fee is required to submit a comment, by mail or otherwise, regarding an application. (12) For filing an application to amend a water right claim filed under chapter 90.14 RCW, a fee of fifty dollars is required. (13) An application or request for an action as provided for under this section is incomplete unless accompanied by the fee or the minimum fee. If no fee or an amount less than the minimum fee accompanies an application or other request for an action as provided under this section, the department shall return the application or request to the applicant with advice as to the fee that must be remitted with the application or request for it to be accepted for processing. If additional fees are due, the department shall provide timely notification by certified mail with return receipt requested to the applicant. No action may be taken by the department until the fee is paid in full. Failure to remit fees within sixty days of the department’s notification is grounds for rejecting the application or request or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable. (14) For purposes of calculating fees for groundwater filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute. (15) Eighty percent of the fees collected by the department under this section shall be deposited in the state general fund. Twenty percent of the fees collected by the department under this section shall be deposited in the water rights tracking system account established in RCW 90.14.240. (16) Except for the fees relating to the inspection of hydraulic works and the examination of plans and specifications of controlling works provided for in subsections (7) and (8) of this section, nothing in this section is intended to grant authority to the department to amend the fees in this section by adoption of rules or otherwise. [2005 c 412 § 2; 1993 c 495 § 2; 1987 c 109 § 98; 1965 ex.s. c 160 § 1; 1951 c 57 § 5; 1929 c 122 § 8; 1925 ex.s. c 161 § 2; 1917 c 117 § 44; RRS § 7399. Formerly RCW 90.04.040.] Findings—Intent—2005 c 412: "The legislature finds that the fees associated with various actions of the department of ecology relating to the processing and administration of water rights are outdated and are insufficient even to recover the cost of handling the funds submitted. The legislature also finds that water right processing fees are currently collected at three different stages of the water rights process and that reducing the number of instances of fee collection to two stages of the process would increase efficiency and reduce administrative costs. The legislature further finds that several current statutory fees are archaic or are otherwise covered by other general statutes, including the state’s public disclosure laws. The legislature therefore intends to update and modernize the fee schedule associated with water right-related actions of the department of ecology." [2005 c 412 § 1.] Findings—1993 c 495: "The legislature finds that a water right confers significant economic benefits to the water right holder. The fees associated with acquiring a water right have not changed significantly since 1917. Water rights applicants pay less than two percent of the costs of the administration of the water rights program. The legislature finds that, since water rights are of significant value, water rights applicants should contribute more to the cost of administration of the water rights program. The legislature also finds that an abrupt increase in water rights fees could be disruptive to water rights holders and applicants. The legislature further finds that water rights applicants have a right to know that the water rights program is being administered efficiently and that the fees charged for various services relate directly to the cost of providing those services. Therefore, the legislature creates a task force to review the water rights program, to make recommendations for streamlining the application process and increasing the overall efficiency and accountability of the administration of the program, and to return to the legislature with a proposal for a fee [Title 90 RCW—page 20] schedule where the fee levels relate clearly to the cost of services provided." [1993 c 495 § 1.] Reviser’s note: 1993 c 495 § 3 created a water rights task force that expired June 30, 1994. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.471 Disposition of fees. All fees, collections and revenues derived under RCW 90.03.470 or by virtue of RCW 90.03.180, shall be used exclusively for the purpose of carrying out the work and performing the functions of the division of water resources of the department. [1987 c 109 § 99; 1925 ex.s. c 161 § 3; RRS § 7399-1.] 90.03.471 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.500 Storm water control facilities—Imposition of rates and charges—Legislative findings. The legislature finds that increasing the surface water or storm water accumulation on or flow over real property, beyond that which naturally occurs on the real property, may cause severe damage to the real property and limit the gainful use or enjoyment of the real property, resulting in a tort, nuisance, or taking. The damage can arise from activities increasing the point or nonpoint flow of surface water or storm water over the real property, or altering or interrupting the natural drainage from the real property. The legislature finds that it is in the public interest to permit the construction and operation of public improvements to lessen the damage. The legislature further finds that it is in the public interest to provide for the equitable imposition of special assessments, rates, and charges to fund such improvements. This shall include the imposition of special assessments, rates, and charges on real property to fund that reasonable portion of the public improvements that alleviate the damage arising from activities that are the proximate cause of the damage on other real property. Except as otherwise provided in RCW 90.03.525, these special assessments, rates, and charges may be imposed on any publiclyowned, including state-owned, real property that causes such damage. [1986 c 278 § 62; 1983 c 315 § 8.] 90.03.500 Severability—1986 c 278: See note following RCW 36.01.010. Severability—1983 c 315: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 315 § 26.] Flood control zone districts—Storm water control improvements: Chapter 86.15 RCW. Public property subject to rates and charges for storm water control facilities: RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145. 90.03.510 Storm water control facilities—Imposition of rates and charges—Credit for other improvements. Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund storm water control facilities or improvements and the operation and maintenance of such facilities or improvements under RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005, or 57.08.081, it may provide a credit for the value of storm water control facilities or improvements that a person or entity has installed or located that mitigate or lessen the impact of storm water which otherwise would occur. [1996 c 230 § 1616; 1986 c 278 § 63; 1983 c 315 § 9.] 90.03.510 (2008 Ed.) Water Code Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001. Severability—1986 c 278: See note following RCW 36.01.010. Severability—1983 c 315: See note following RCW 90.03.500. 90.03.520 Storm water control facilities—Imposition of rates and charges—Definitions. The definitions set forth in this section apply to RCW 90.03.525 and 35.67.025. (1) "State highway right-of-way" means the right-of-way for a state highway. The phrase includes the right-of-way of a state limited-access highway inside or outside a city or town but does not include city or town streets forming a part of the route of state highways that are not limited-access highways. The term does not include state property under the jurisdiction of the department of transportation that is outside the right-of-way lines of a state highway. (2) "Storm water control facility" means any facility, improvement, development, property, or interest therein, made, constructed, or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood, or surplus waters. (3) "Rate" means the dollar amount charged per unit of surface area of a parcel of real property based upon factors established by the local government utility. (4) "Comparable real property" means real property equal to the state highway right-of-way or a section of state highway right-of-way in terms of the factors considered by the local government utility in establishing rates. [1986 c 278 § 53.] 90.03.520 Severability—1986 c 278: See note following RCW 36.01.010. Public property subject to rates and charges for storm water control facilities: RCW 35.67.025. 90.03.525 Storm water control facilities—Imposition of rates and charges with respect to state highway rights-of-way—Annual plan for expenditure of charges. (1) The rate charged by a local government utility to the department of transportation with respect to state highway right-of-way or any section of state highway right-of-way for the construction, operation, and maintenance of storm water control facilities under chapters 35.67, 35.92, 36.89, 36.94, 57.08, and 86.15 RCW, shall be thirty percent of the rate for comparable real property, except as otherwise provided in this section. The rate charged to the department with respect to state highway right-of-way or any section of state highway right-of-way within a local government utility’s jurisdiction shall not, however, exceed the rate charged for comparable city street or county road right-of-way within the same jurisdiction. The legislature finds that the aforesaid rates are presumptively fair and equitable because of the traditional and continuing expenditures of the department of transportation for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from state highway rights-of-way. (2) Charges paid under subsection (1) of this section by the department of transportation must be used solely for storm water control facilities that directly reduce state highway runoff impacts or implementation of best management practices that will reduce the need for such facilities. By January 1st of each year, beginning with calendar year 1997, the local government utility, in coordination with the department, 90.03.525 (2008 Ed.) 90.03.540 shall develop a plan for the expenditure of the charges for that calendar year. The plan must be consistent with the objectives identified in *RCW 90.78.010. In addition, beginning with the submittal for 1998, the utility shall provide a progress report on the use of charges assessed for the prior year. No charges may be paid until the plan and report have been submitted to the department. (3) The utility imposing the charge and the department of transportation may, however, agree to either higher or lower rates with respect to the construction, operation, or maintenance of any specific storm water control facilities based upon the annual plan prescribed in subsection (2) of this section. If, after mediation, the local government utility and the department of transportation cannot agree upon the proper rate, either may commence an action in the superior court for the county in which the state highway right-of-way is located to establish the proper rate. The court in establishing the proper rate shall take into account the extent and adequacy of storm water control facilities constructed by the department and the actual benefits to the sections of state highway rights-of-way from storm water control facilities constructed, operated, and maintained by the local government utility. Control of surface water runoff and storm water runoff from state highway rights-of-way shall be deemed an actual benefit to the state highway rights-of-way. The rate for sections of state highway right-of-way as determined by the court shall be set forth in terms of the percentage of the rate for comparable real property, but shall in no event exceed the rate charged for comparable city street or county road right-of-way within the same jurisdiction. (4) The legislature finds that the federal clean water act (national pollutant discharge elimination system, 40 C.F.R. parts 122-124), the state water pollution control act, chapter 90.48 RCW, and the highway runoff program under chapter 90.71 RCW, mandate the treatment and control of storm water runoff from state highway rights-of-way owned by the department of transportation. Appropriations made by the legislature to the department of transportation for the construction, operation, and maintenance of storm water control facilities are intended to address applicable federal and state mandates related to storm water control and treatment. This section is not intended to limit opportunities for sharing the costs of storm water improvements between cities, counties, and the state. [2005 c 319 § 140. Prior: 1996 c 285 § 1; 1996 c 230 § 1617; 1986 c 278 § 54.] *Reviser’s note: RCW 90.78.010 expired July 1, 2003, pursuant to 1996 c 285 § 5. Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020. Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001. Severability—1986 c 278: See note following RCW 36.01.010. 90.03.540 Highway construction improvement projects—Joint storm water treatment facilities. In the development of highway construction improvement projects, the department of transportation shall coordinate with adjacent local governments, ports, and other public and private organizations to determine opportunities for cost-effective joint storm water treatment facilities for both new and existing impervious surfaces. [1996 c 285 § 6.] 90.03.540 [Title 90 RCW—page 21] 90.03.550 Title 90 RCW: Water Rights—Environment 90.03.550 Municipal water supply purposes—Beneficial uses. Beneficial uses of water under a municipal water supply purposes water right may include water withdrawn or diverted under such a right and used for: (1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or (2) Uses that are needed to implement environmental obligations called for by a watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, a federally approved habitat conservation plan prepared in response to the listing of a species as being endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a comprehensive irrigation district management plan. [2003 1st sp.s. c 5 § 2.] 90.03.550 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.560 Municipal water supply purposes—Identification. When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are correctly identified as being for municipal water supply purposes. This section authorizes a water right or portion of a water right held or acquired by a municipal water supplier that is for municipal water supply purposes as defined in RCW 90.03.015 to be identified as being a water right for municipal water supply purposes. However, it does not authorize any other water right or other portion of a right held or acquired by a municipal water supplier to be so identified without the approval of a change or transfer of the right or portion of the right for such a purpose. [2003 1st sp.s. c 5 § 3.] 90.03.560 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.570 90.03.570 Change or transfer of an unperfected surface water right for municipal water supply purposes. (1) An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW 90.03.380 for any purpose if: (a) The supplier is in compliance with the terms of an approved water system plan or small water system management program under chapter 43.20 or 70.116 RCW that applies to the supplier, including those regarding water conservation; (b) Instream flows have been established by rule for the water resource inventory area, as established in chapter 173500 WAC as it exists on September 9, 2003, that is the source of the water for the transfer or change; (c) A watershed plan has been approved for the water resource inventory area referred to in (b) of this subsection under chapter 90.82 RCW and a detailed implementation plan has been completed that satisfies the requirements of RCW 90.82.043 or a watershed plan has been adopted after September 9, 2003, for that water resource inventory area under RCW 90.54.040(1) and a detailed implementation plan [Title 90 RCW—page 22] has been completed that satisfies the requirements of RCW 90.82.043; and (d) Stream flows that satisfy the instream flows referred to in (b) of this subsection are met or the milestones for satisfying those instream flows required under (c) of this subsection are being met. (2) If the criteria listed in subsection (1)(a) through (d) of this section are not satisfied, an unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may nonetheless be changed or transferred in the same manner as provided by RCW 90.03.380 if the change or transfer is: (a) To provide water for an instream flow requirement that has been established by the department by rule; (b) Subject to stream flow protection or restoration requirements contained in: A federally approved habitat conservation plan under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a watershed agreement established under RCW 90.03.590; (c) For a water right that is subject to instream flow requirements or agreements with the department and the change or transfer is also subject to those instream flow requirements or agreements; or (d) For resolving or alleviating a public health or safety emergency caused by a failing public water supply system currently providing potable water to existing users, as such a system is described in RCW 90.03.580, and if the change, transfer, or amendment is for correcting the actual or anticipated cause or causes of the public water system failure. Inadequate water rights for a public water system to serve existing hookups or to accommodate future population growth or other future uses do not constitute a public health or safety emergency. (3) If the recipient of water under a change or transfer authorized by subsection (1) of this section is a water supply system, the receiving system must also be in compliance with the terms of an approved water system plan or small water system management program under chapter 43.20 or 70.116 RCW that applies to the system, including those regarding water conservation. (4) The department must provide notice to affected tribes of any transfer or change proposed under this section. [2003 1st sp.s. c 5 § 14.] Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.580 Failing public water system—Conditions. To be considered a failing public water system for the purposes of RCW 90.03.570, the department of health, in consultation with the department and the local health authority, must make a determination that the system meets one or more of the following conditions: (1) A public water system has failed, or is in danger of failing within two years, to meet state board of health standards for the delivery of potable water to existing users in adequate quantity or quality to meet basic human drinking, cooking, and sanitation needs or to provide adequate fire protection flows; (2) The current water source has failed or will fail so that the public water system is or will become incapable of exer90.03.580 (2008 Ed.) Water Code cising its existing water rights to meet existing needs for drinking, cooking, and sanitation purposes after all reasonable conservation efforts have been implemented; or (3) A change in source is required to meet drinking water quality standards and avoid unreasonable treatment costs, or the state department of health determines that the existing source of supply is unacceptable for human use. [2003 1st sp.s. c 5 § 15.] Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.590 Municipal water suppliers—Watershed agreement—Pilot project. (1) On a pilot project basis, the department may enter into a watershed agreement with one or more municipal water suppliers in water resource inventory area number one to meet the objectives established in a water resource management program approved or being developed under chapter 90.82 RCW with the consent of the initiating governments of the water resource inventory area. The term of an agreement may not exceed ten years, but the agreement may be renewed or amended upon agreement of the parties. (2) A watershed agreement must be consistent with: (a) Growth management plans developed under chapter 36.70A RCW where these plans are adopted and in effect; (b) Water supply plans and small water system management programs approved under chapter 43.20 or 70.116 RCW; (c) Coordinated water supply plans approved under chapter 70.116 RCW; and (d) Water use efficiency and conservation requirements and standards established by the state department of health or such requirements and standards as are provided in an approved watershed plan, whichever are the more stringent. (3) A watershed agreement must: (a) Require the public water system operated by the participating municipal water supplier to meet obligations under the watershed plan; (b) Establish performance measures and timelines for measures to be completed; (c) Provide for monitoring of stream flows and metering of water use as needed to ensure that the terms of the agreement are met; and (d) Require annual reports from the water users regarding performance under the agreement. (4) As needed to implement watershed agreement activities, the department may provide or receive funding, or both, under its existing authorities. (5) The department must provide opportunity for public review of a proposed agreement before it is executed. The department must make proposed and executed watershed agreements and annual reports available on the department’s internet web site. (6) The department must consult with affected local governments and the state departments of health and fish and wildlife before executing an agreement. (7) Before executing a watershed agreement, the department must conduct a government-to-government consultation with affected tribal governments. The municipal water suppliers operating the public water systems that are proposing to enter into the agreements must be invited to participate in the consultations. During these consultations, the depart90.03.590 (2008 Ed.) 90.03.605 ment and the municipal water suppliers shall explore the potential interest of the tribal governments or governments in participating in the agreement. (8) Any person aggrieved by the department’s failure to satisfy the requirements in subsection (3) of this section as embodied in the department’s decision to enter into a watershed agreement under this section may, within thirty days of the execution of such an agreement, appeal the department’s decision to the pollution control hearings board under chapter 43.21B RCW. (9) Any projects implemented by a municipal water system under the terms of an agreement reached under this section may be continued and maintained by the municipal water system after the agreement expires or is terminated as long as the conditions of the agreement under which they were implemented continue to be met. (10) Before December 31, 2003, and December 31, 2004, the department must report to the appropriate committees of the legislature the results of the pilot project provided for in this section. Based on the experience of the pilot project, the department must offer any suggested changes in law that would improve, facilitate, and maximize the implementation of watershed plans adopted under this chapter. [2003 1st sp.s. c 5 § 16.] Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.591 New watershed agreements prohibited after July 1, 2008. The department may not enter into new watershed agreements under RCW 90.03.590 after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date. [2003 1st sp.s. c 5 § 17.] 90.03.591 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.03.600 Civil penalties. In determining the amount of a penalty to be levied, the department shall consider the seriousness of the violation, whether the violation is repeated or continuous after notice of the violation is given, and whether any damage has occurred to the health or property of other persons. Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the department of ecology may levy civil penalties ranging from one hundred dollars to five thousand dollars per day for violation of any of the provisions of this chapter and chapters 43.83B, 90.22, and 90.44 RCW, and rules, permits, and similar documents and regulatory orders of the department of ecology adopted or issued pursuant to such chapters. The procedures of RCW 90.48.144 shall be applicable to all phases of the levying of a penalty as well as review and appeal of the same. [2003 1st sp.s. c 15 § 3; 1995 c 403 § 635; 1987 c 109 § 157; 1977 ex.s. c 1 § 8. Formerly RCW 43.83B.335.] 90.03.600 Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.03.605 Compliance—Sequence of enforcement measures—Location of compliance personnel. (1) The department shall, through a network of water masters appointed under this chapter, stream patrollers appointed 90.03.605 [Title 90 RCW—page 23] Chapter 90.08 Title 90 RCW: Water Rights—Environment under chapter 90.08 RCW, and other assigned compliance staff to the extent such a network is funded, achieve compliance with the water laws and rules of the state of Washington in the following sequence: (a) The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of their water rights and applicable water laws; (b) When the department determines that a violation has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. As part of this first response, the department shall offer information and technical assistance to the person in writing identifying one or more means to accomplish the person’s purposes within the framework of the law; and (c) If education and technical assistance do not achieve compliance the department shall issue a notice of violation, a formal administrative order under RCW 43.27A.190, or assess penalties under RCW 90.03.600 unless the noncompliance is corrected expeditiously or the department determines no impairment or harm. (2) Nothing in the section is intended to prevent the department of ecology from taking immediate action to cause a violation to be ceased immediately if in the opinion of the department the nature of the violation is causing harm to other water rights or to public resources. (3) The department of ecology shall to the extent practicable station its compliance personnel within the watershed communities they serve. To the extent practicable, compliance personnel shall be distributed evenly among the regions of the state. [2002 c 329 § 2.] director may prescribe from time to time. [1977 c 22 § 1; 1925 ex.s. c 162 § 1; RRS § 7351-1.] Water masters appointment, compensation: RCW 90.03.060. duties: RCW 90.03.070. power of arrest: RCW 90.03.090. 90.08.050 Stream patrolmen—Compensation, travel expenses. Each stream patrolman shall receive a wage per day for each day actually employed in the duties of his office, or if employed by the month, he shall receive a salary per month, which wage or salary shall be fixed in the manner provided by law for the fixing of the salaries or compensation of other state officers or employees, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, to be paid by the county in which the work is performed. In case the service extends over more than one county, each county shall pay its equitable part of such wage to be apportioned by the director. He shall be reimbursed for actual necessary expenses when absent from his designated headquarters in the performance of his duties, such expense to be paid by the county in which he renders the service. The accounts of the stream patrolman shall be audited and certified by the director and the county auditor shall issue a warrant therefor upon the current expense fund. [1977 c 22 § 2; 1975-’76 2nd ex.s. c 34 § 180; 1947 c 123 § 1; 1925 ex.s. c 162 § 2; Rem. Supp. 1947 § 7351-2.] 90.08.050 Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Public officers, salaries and fees: Chapter 42.16 RCW. State government, salaries and expenses: Chapter 43.03 RCW. 90.08.060 Stream patrolmen—Users to share in payment of compensation. The salary of the stream patrolman shall be borne by the water users receiving the benefits and shall be paid to the county or counties in the following manner: The county or counties may assess each water user for his proportionate share of the total stream patrolman expense in the same ratio that the amount of water diverted by him bears to the total amount diverted from the stream during each season, on an annual basis, to recover all such county expenses. The stream patrolman shall keep an accurate record of the amount of water diverted by each water user coming under his supervision. On the first of each month the stream patrolman shall present his record of water diversion to the county or counties for the preceding month. Where the water users are organized into an irrigation district or water users’ association, such organization may enter into an agreement with the county or counties for direct payment to the stream patrolman in order to minimize administrative costs. [1977 c 22 § 3; 1925 ex.s. c 162 § 3; RRS § 7351-3.] 90.08.060 Chapter 90.08 Chapter 90.08 RCW STREAM PATROLMEN Sections 90.08.040 90.08.050 90.08.060 90.08.070 Stream patrolmen—Appointment—Powers. Stream patrolmen—Compensation, travel expenses. Stream patrolmen—Users to share in payment of compensation. Right of county to sue user for unpaid share of expenses. 90.08.040 Stream patrolmen—Appointment—Powers. Where water rights of a stream have been adjudicated a stream patrolman shall be appointed by the director of the department of ecology upon application of water users having adjudicated water rights in each particular water resource making a reasonable showing of the necessity therefor, which application shall have been approved by the district water master if one has been appointed, at such time, for such stream, and for such periods of service as local conditions may indicate to be necessary to provide the most practical supervision and to secure to water users and owners the best protection in their rights. The stream patrolman shall have the same powers as a water master appointed under RCW 90.03.060, but his district shall be confined to the regulation of waters of a designated stream or streams. Such patrolman shall be under the supervision of the director or his designated representative. He shall also enforce such special rules and regulations as the 90.08.040 [Title 90 RCW—page 24] Irrigation districts generally: Chapter 87.03 RCW. 90.08.070 Right of county to sue user for unpaid share of expenses. Upon failure of any water user to pay his proportionate share of the expense referred to in RCW 90.08.050 and 90.08.060, the county or counties shall be entitled to sue for and recover any such unpaid portion in any court of competent jurisdiction. [1977 c 22 § 4; 1925 ex.s. c 162 § 4; RRS § 7351-4.] 90.08.070 (2008 Ed.) Water Rights—Registration—Waiver and Relinquishment, Etc. Chapter 90.14 RCW WATER RIGHTS—REGISTRATION— WAIVER AND RELINQUISHMENT, ETC. Chapter 90.14 Sections 90.14.010 90.14.020 90.14.031 90.14.041 90.14.043 90.14.044 90.14.051 90.14.061 90.14.065 90.14.068 90.14.071 90.14.081 90.14.091 90.14.101 90.14.111 90.14.121 90.14.130 90.14.140 90.14.150 90.14.160 90.14.170 90.14.180 90.14.190 90.14.200 90.14.210 90.14.215 90.14.220 90.14.230 90.14.240 90.14.900 90.14.910 Purpose. Legislative declaration. Definitions. Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions. Claim of right to withdraw, divert or use ground or surface waters—Claim upon certification by board—Procedure— Cut-off date for accepting petitions. Existing water rights not impaired. Statement of claim—Contents—Short form. Statement of claim—Filing procedure—Processing of claim— Fee. Statement of claim—Amendment—Review of department of ecology’s determination. Statement of claim—New filing period. Failure to file claim waives and relinquishes right. Filing of claim not deemed adjudication of right—Prima facie evidence. Definitions—Water rights notice—Form. Notice of chapter provisions—How given—Requirements. Water rights claims registry. Penalty for overstating claim. Reversion of rights to state due to nonuse—Notice by order— Relinquishment determinations—Appeal. "Sufficient cause" for nonuse defined—Rights exempted. Rights arising from permit to withdraw public waters not affected—Extensions. Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or general adjudication. Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired due to ownership of land abutting stream, lake, or watercourse. Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation. Water resources decisions—Appeals—Attorneys’ fees. Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings. Chapter applies to all rights to withdraw groundwaters. Chapter not applicable to trust water rights under chapter 90.38 or 90.42 RCW. No rights to be acquired by prescription or adverse use. Rules and regulations. Water rights tracking system account. Effective date—1967 c 233. Severability—1967 c 233. 90.14.010 Purpose. The future growth and development of the state is dependent upon effective management and efficient use of the state’s water resources. The purpose of this chapter is to provide adequate records for efficient administration of the state’s waters, and to cause a return to the state of any water rights which are no longer exercised by putting said waters to beneficial use. [1967 c 233 § 1.] 90.14.010 90.14.020 Legislative declaration. The legislature finds that: (1) Extensive uncertainty exists regarding the volume of private claims to water in the state; (2) Such uncertainty seriously retards the efficient utilization and administration of the state’s water resources, and impedes the fullest beneficial use thereof; (3) A strong beneficial use requirement as a condition precedent to the continued ownership of a right to withdraw or divert water is essential to the orderly development of the state; 90.14.020 (2008 Ed.) 90.14.043 (4) Enforcement of the state’s beneficial use policy is required by the state’s rapid growth; (5) All rights to divert or withdraw water, except riparian rights which do not diminish the quantity of water remaining in the source such as boating, swimming, and other recreational and aesthetic uses must be subjected to the beneficial use requirement; (6) The availability for appropriation of additional water as a result of the requirements of this chapter will accelerate growth, development, and diversification of the economy of the state; (7) Water rights will gain sufficient certainty of ownership as a result of this chapter to become more freely transferable, thereby increasing the economic value of the uses to which they are put, and augmenting the alienability of titles to land. [1967 c 233 § 2.] 90.14.031 Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings: (1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agency, and the United States of America when claiming water rights established under the laws of the state of Washington. (2) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power, and navigation. [1969 ex.s. c 284 § 12.] 90.14.031 Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.041 Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions. All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as provided in this section, RCW 90.14.043, and 90.14.068, shall file with the department of ecology not later than June 30, 1974, a statement of claim for each water right asserted on a form provided by the department. Neither this section nor RCW 90.14.068 apply to any water rights which are based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors. Further, RCW 90.14.068 does not apply to the beneficial uses of water which are the subject of statements of claim in the water rights claims registry prior to September 1, 1997, or which are exempted from permit and application requirements by RCW 90.44.050 and neither this section nor RCW 90.14.068 requires that statements of claims for such uses be filed during the filing period established by RCW 90.14.068. [1997 c 440 § 2; 1988 c 127 § 73; 1969 ex.s. c 284 § 13.] 90.14.041 Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.043 Claim of right to withdraw, divert or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions. (1) Notwithstanding any time restrictions imposed by the provisions of chapter 90.14 RCW, a person may file a claim 90.14.043 [Title 90 RCW—page 25] 90.14.044 Title 90 RCW: Water Rights—Environment pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided in this section. (2) A certification shall be issued by the pollution control hearings board if, upon petition to the board, it is shown to the satisfaction of the board that: (a) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) in the case of surface water beginning not later than June 7, 1917, and in the case of groundwater beginning not later than June 7, 1945, or (b) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) from the date of entry of a court decree confirming a water right and any failure to register a claim resulted from a reasonable misinterpretation of the requirements as they related to such court decreed rights. (3) The board shall have jurisdiction to accept petitions for certification from any person through September 1, 1985, and not thereafter. (4) A petition for certification shall include complete information on the claim pursuant to RCW 90.14.051 (1) through (8), and any such information as the board may require. (5) The department of ecology is directed to accept for filing any claim certified by the board as provided in subsection (2) of this section. The department of ecology, upon request of the board, may provide assistance to the board pertinent to any certification petition. (6) A certification by the pollution control hearings board or a filing with the department of ecology of a claim under this section shall not constitute a determination or confirmation that a water right exists. (7) The provisions of RCW 90.14.071 shall have no applicability to certified claims filed pursuant to this section. (8) This section shall have no applicability to groundwaters resulting from the operations of reclamation projects. [1985 c 435 § 1; 1979 ex.s. c 216 § 4.] Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. 90.14.044 Existing water rights not impaired. The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition for certification filed during the period beginning on July 28, 1985, and ending on midnight, September 1, 1985, shall not affect or impair in any respect whatsoever any water right existing prior to July 28, 1985. [1985 c 435 § 2.] 90.14.044 90.14.051 Statement of claim—Contents—Short form. The statement of claim for each right shall include substantially the following: (1) The name and mailing address of the claimant. (2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available. (3) The quantities of water and times of use claimed. (4) The legal description, with reasonable certainty, of the point or points of diversion and places of use of waters. (5) The purpose of use, including, if for irrigation, the number of acres irrigated. (6) The approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (3). (7) The legal doctrine or doctrines upon which the right claimed is based, including if statutory, the specific statute. (8) The sworn statement that the claim set forth is true and correct to the best of claimant’s knowledge and belief. Except, however, that any claim for diversion or withdrawal of surface or ground water for those uses described in the exemption from the permit requirements of RCW 90.44.050 may be filed on a short form to be provided by the department. Such short form shall only require inclusion of sufficient data to identify the claimant, source of water, purpose of use and legal description of the land upon which the water is used: PROVIDED, That the provisions of RCW 90.14.081 pertaining to evidentiary value of filed claims shall not apply to claims submitted in short form: AND PROVIDED FURTHER, That claimants for such minimal uses may, at their option, file statements of claim on the standard form used by all other claimants. [1973 1st ex.s. c 113 § 1; 1969 ex.s. c 284 § 14.] Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.061 90.14.061 Statement of claim—Filing procedure— Processing of claim—Fee. Filing of a statement of a claim shall take place and be completed upon receipt by the department of ecology, at its office in Olympia, of an original statement signed by the claimant or his authorized agent, and two copies thereof. Any person required to file hereunder may file through a designated representative. A company, district, public or municipal corporation, or the United States when furnishing to persons water pertaining to water rights required to be filed under RCW 90.14.041, shall have the right to file one claim on behalf of said persons on a form prepared by the department for the total benefits of each person served; provided that a separate claim shall be filed by such company, district, public or private corporation, or the United States for each operating unit of the filing entity providing such water and for each water source. Within thirty days after receipt of a statement of claim the department shall acknowledge the same by a notation on one copy indicating receipt thereof and the date of receipt, together with the wording of the first sentence of RCW 90.14.081, and shall return said copy by certified or registered mail to the claimant at the address set forth in the statement of claim. No statement of claim shall be accepted for filing by the department of ecology unless accompanied by a two dollar filing fee. [1988 c 127 § 74; 1969 ex.s. c 284 § 15.] 90.14.051 [Title 90 RCW—page 26] Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.065 90.14.065 Statement of claim—Amendment— Review of department of ecology’s determination. Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry on April 20, 1987, may submit to the department of ecology for filing, an amendment to such a statement of claim if the submitted amendment is based on: (1) An error in estimation of the quantity of the applicant’s water claim prescribed in RCW 90.14.051 if the appli(2008 Ed.) Water Rights—Registration—Waiver and Relinquishment, Etc. cant provides reasons for the failure to claim such right in the original claim; (2) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; or (3) The amendment is ministerial in nature. The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of subsection (1), (2), or (3) of this section have not been satisfied. Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department. The provisions of RCW 90.14.081 shall apply to any amendment filed under this section. [1987 c 93 § 1.] 90.14.068 Statement of claim—New filing period. (1) A new period for filing statements of claim for water rights is established. The filing period shall begin September 1, 1997, and shall end at midnight June 30, 1998. Each person or entity claiming under state law a right to withdraw or divert and beneficially use surface water under a right that was established before *the effective date of [the] water code established by chapter 117, Laws of 1917, and any person claiming under state law a right to withdraw and beneficially use groundwater under a right that was established before **the effective date of the groundwater code established by chapter 263, Laws of 1945, shall register the claim with the department during the filing period unless the claim has been filed in the state water rights claims registry before July 27, 1997. A person who claims such a right and fails to register the claim as required is conclusively deemed to have waived and relinquished any right, title, or interest in the right. A statement filed during this filing period shall be filed as provided in RCW 90.14.051 and 90.14.061 and shall be subject to the provisions of this chapter regarding statements of claim. This reopening of the period for filing statements of claim shall not affect or impair in any respect whatsoever any water right existing prior to July 27, 1997. A water right embodied in a statement of claim filed under this section is subordinate to any water right embodied in a permit or certificate issued under chapter 90.03 or 90.44 RCW prior to the date the statement of claim is filed with the department and is subordinate to any water right embodied in a statement of claim filed in the water rights claims registry before July 27, 1997. (2) The department of ecology shall, at least once each week during the month of August 1997 and at least once each month during the filing period, publish a notice regarding this new filing period in newspapers of general circulation in the various regions of the state. The notice shall contain the substance of the following notice: 90.14.068 WATER RIGHTS NOTICE Each person or entity claiming a right to withdraw or divert and beneficially use surface water under a right that was established before June 7, 1917, or claiming a right to withdraw and beneficially use (2008 Ed.) 90.14.068 groundwater under a right that was established before June 7, 1945, under the laws of the state of Washington must register the claim with the department of ecology, Olympia, Washington. The claim must be registered on or after September 1, 1997, and not later than five o’clock on June 30, 1998. FAILURE TO REGISTER THE CLAIM WILL RESULT IN A WAIVER AND RELINQUISHMENT OF THE WATER RIGHT OR CLAIMED WATER RIGHT Registering a claim is NOT required for: 1. A water right that is based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors; 2. A water right that is based on the exemption from permitting requirements provided by RCW 90.44.050 for certain very limited uses of groundwater; or 3. A water right that is based on a statement of claim that has previously been filed in the state’s water rights claims registry during other registration periods. For further information, for a copy of the law establishing this filing period, and for an explanation of the law and its requirements, contact the department of ecology, Olympia, Washington. The department shall also prepare, make available to the public, and distribute to the communications media information describing the types of rights for which statements of claim need not be filed, the effect of filing, the effect of RCW 90.14.071, and other information relevant to filings and statements of claim. (3) The department of ecology shall ensure that employees of the department are readily available to respond to inquiries regarding filing statements of claim and that all of the information the department has at its disposal that is relevant to an inquiry regarding a particular potential claim, including information regarding other rights and claims in the vicinity of the potentially claimed right, is available to the person making the inquiry. The department shall dedicate additional staff in each of the department’s regional offices and in the department’s central office to ensure that responses and information are provided in a timely manner during each of the business days during the month of August 1997 and during the new filing period. (4) To assist the department in avoiding unnecessary duplication, the department shall provide to a requestor, within ten working days of receiving the request, the records of any water right claimed, listed, recorded, or otherwise existing in the records of the department or its predecessor agencies, including any report of a referee in a water rights adjudication. This information shall be provided as required by this subsection if the request is provided in writing from the owner of the water right or from the holder of a possessory interest in any real property for water right records associated with the property or if the requestor is an attorney for such an owner. The information regarding water rights in the [Title 90 RCW—page 27] 90.14.071 Title 90 RCW: Water Rights—Environment area served by a regional office of the department shall also be provided within ten working days to any requestor who requests to review the information in person in the department’s regional office. The information held by the headquarters office of the department shall also be provided within ten working days to any requestor who requests to review the information in person in the department’s headquarters office. The requirements of this subsection that records and information be provided to requestors within ten working days may not be construed as limiting in any manner the obligations of the department to provide public access to public records as required by chapter 42.56 RCW. (5) This section does not apply to claims for the use of groundwater withdrawn in an area that is, during the period established by subsection (2) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110 through 90.03.245 and the proceeding applies to groundwater rights. This section does not apply to claims for the use of surface water withdrawn in an area that is, during the period established by subsection (2) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110 through 90.03.245 and the proceeding applies to surface water rights. (6) This section does not apply to claims for the use of water in a groundwater area or subarea for which a management program adopted by the department by rule and in effect on July 27, 1997, establishes acreage expansion limitations for the use of groundwater. [2005 c 274 § 365; 1997 c 440 § 1.] Reviser’s note: *(1) The effective date of chapter 117, Laws of 1917, is June 7, 1917. **(2) The effective date of chapter 263, Laws of 1945, is June 7, 1945. Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. 90.14.071 Failure to file claim waives and relinquishes right. Except as provided in *section 5 of this act or as exempted from filing by RCW 90.14.041, any person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.041, who fails to file a statement of claim as provided in RCW 90.14.041, 90.14.043, or 90.14.068 and in RCW 90.14.051 and 90.14.061, shall be conclusively deemed to have waived and relinquished any right, title, or interest in said right. [1997 c 440 § 3; 1969 ex.s. c 284 § 16.] 90.14.071 *Reviser’s note: Section 5 of this act was vetoed by the governor. Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.081 Filing of claim not deemed adjudication of right—Prima facie evidence. The filing of a statement of claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one or more water use claimants and another or others. A statement of claim filed pursuant to RCW 90.14.061 shall be admissible in a general adjudication of water rights as prima facie evidence of the times of use and the quantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accord with the times of use and quantity 90.14.081 [Title 90 RCW—page 28] of water claimed in the statement of claim. A statement of claim shall not otherwise be evidence of the priority of the claimed water right. [1969 ex.s. c 284 § 17.] Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.091 Definitions—Water rights notice—Form. For the purpose of RCW 90.14.031 through 90.14.121 the following words and phrases shall have the following meanings: (1) "Statement of taxes due" means the statement required under RCW 84.56.050. (2) "Notice in writing" means a notice substantially in the following form: 90.14.091 WATER RIGHTS NOTICE Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency and the state of Washington, and the United States of America, when claiming water rights established under the laws of the state of Washington, are hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state, except those water rights based upon authority of a permit or certificate issued by the department of ecology or one of its predecessors, must be registered with the department of ecology, Olympia, Washington not later than June 30, 1974. FAILURE TO REGISTER AS REQUIRED BY LAW WILL RESULT IN A WAIVER AND RELINQUISHMENT OF SAID WATER RIGHT OR CLAIMED WATER RIGHT. For further information contact the Department of Ecology, Olympia, Washington, for a copy of the act and an explanation thereof. [1988 c 127 § 75; 1969 ex.s. c 284 § 18.] Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.101 Notice of chapter provisions—How given—Requirements. To insure that all persons referred to in RCW 90.14.031 and 90.14.041 are notified of the registration provisions of this chapter, the department of ecology is directed to give notice of the registration provisions of this chapter as follows: (1) It shall cause a notice in writing to be placed in a prominent and conspicuous place in all newspapers of the state having a circulation of more than fifty thousand copies for each week day, and in at least one newspaper published in each county of the state, at least once each year for five consecutive years. (2) It shall cause a notice substantially the same as a notice in writing to be broadcast by each commercial television station operating in the United States and viewed in the state, and by at least one commercial radio station operating from each county of the state having such a station regularly at six month intervals for five consecutive years. (3) It shall cause a notice in writing to be placed in a prominent and conspicuous location in each county court house in the state. (4) The county treasurer of each county shall enclose with each mailing of one or more statements of taxes due issued in 1972 a copy of a notice in writing and a declaration that it shall be the duty of the recipient of the statement of 90.14.101 (2008 Ed.) Water Rights—Registration—Waiver and Relinquishment, Etc. taxes due to forward the notice to the beneficial owner of the property. A sufficient number of copies of the notice and declaration shall be supplied to each county treasurer by the director of ecology before the fifteenth day of January, 1972. In the implementation of this subsection the department of ecology shall provide reimbursement to the county treasurer for the reasonable additional costs, if any there may be, incurred by said treasurer arising from the inclusion of a notice in writing as required herein. (5) It shall provide copies of the notice in writing to the press services with offices located in Thurston county during January of the years 1970, 1971, 1972, 1973 and 1974. The director of the department may also in his discretion give notice in any other manner which will carry out the purposes of this section. Where notice in writing is given pursuant to subsections (1) and (3) of this section, RCW 90.14.041, 90.14.051 and 90.14.071 shall be set forth and quoted in full. [1988 c 127 § 76; 1969 ex.s. c 284 § 19.] Reviser’s note: "this 1969 amendatory act" has been changed to "this chapter" in the first paragraph. "This 1969 amendatory act" [1969 ex.s. c 284] consists of RCW 90.48.290, former RCW 90.48.295, since repealed, RCW 90.22.010 through 90.22.040, 90.14.031 through 90.14.121, 43.27A.190 through 43.27A.220, 43.27A.075, and repeals RCW 43.21.145 and 90.14.030 through 90.14.120. Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.111 Water rights claims registry. The department of ecology is directed to establish a registry entitled the "Water Rights Claims Registry". All claims set forth pursuant to RCW 90.14.041, 90.14.051 and 90.14.061 shall be filed in the registry alphabetically and consecutively by control number, and by such other manner as deemed appropriate by the department. [1988 c 127 § 77; 1969 ex.s. c 284 § 20.] 90.14.111 Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.121 Penalty for overstating claim. The filing of a statement of claim pursuant to RCW 90.14.061 which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed shall constitute a misdemeanor punishable by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or both. [1969 ex.s. c 284 § 21.] 90.14.121 Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.14.130 Reversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal. When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his water right or some portion thereof, and it appears that said right has or may have reverted to the state because of such nonuse, as provided by RCW 90.14.160, 90.14.170, or 90.14.180, the department of ecology shall notify such person by order: PROVIDED, That where a company, association, district, or the United States has filed a blanket claim under the provisions of *RCW 90.14.060 for the total benefits of those served by it, the notice shall be served on such company, association, district or the United States and not upon any of its individual water users who may not have used the water or some portion thereof which they were entitled to use. The order shall contain: (1) A description of the water right, including the approximate location of 90.14.130 (2008 Ed.) 90.14.140 the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, and the apparent authority upon which the right is based; (2) a statement that unless sufficient cause be shown on appeal the water right will be declared relinquished; and (3) a statement that such order may be appealed to the pollution control hearings board. Any person aggrieved by such an order may appeal it to the pollution control hearings board pursuant to RCW 43.21B.310. The order shall be served by registered or certified mail to the last known address of the person and be posted at the point of division or withdrawal. The order by itself shall not alter the recipient’s right to use water, if any. [1987 c 109 § 13; 1967 c 233 § 13.] *Reviser’s note: RCW 90.14.060 was repealed by 1969 ex.s. c 284 § 23, which act added new sections relating to the registration of claims for water rights as codified in this chapter. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Proceedings under this section deemed adjudicative—Application of RCW sections to specific proceedings: RCW 90.14.200. 90.14.140 "Sufficient cause" for nonuse defined— Rights exempted. (1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of: (a) Drought, or other unavailability of water; (b) Active service in the armed forces of the United States during military crisis; (c) Nonvoluntary service in the armed forces of the United States; (d) The operation of legal proceedings; (e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right; (f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas; (g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitation and temperature, that warranted the reduction in water use, so long as the water user’s diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right; (h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes; (i) Water conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103-434; (j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawal of 90.14.140 [Title 90 RCW—page 29] 90.14.150 Title 90 RCW: Water Rights—Environment water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientific community; or (k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be relinquished if the remaining portion of the water continues to be beneficially used. (2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right: (a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW; (b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply; (c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later; (d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW; (e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030; (f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100; (g) If such a right or portion of the right is authorized for a purpose that is satisfied by the use of agricultural industrial process water as authorized under RCW 90.46.150; or (h) If such right is a trust water right under chapter 90.38 or 90.42 RCW. (3) In adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised. [2001 c 240 § 1; 2001 c 237 § 27; 2001 c 69 § 5; 1998 c 258 § 1; 1987 c 125 § 1; 1967 c 233 § 14.] Reviser’s note: This section was amended by 2001 c 69 § 5, 2001 c 237 § 27, and by 2001 c 240 § 1, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2001 c 240: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2001]." [2001 c 240 § 2.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. Effective date—1967 c 233: See RCW 90.14.900. Application to Yakima river basin trust water rights: RCW 90.38.040. [Title 90 RCW—page 30] 90.14.150 Rights arising from permit to withdraw public waters not affected—Extensions. Nothing in this chapter shall be construed to affect any rights or privileges arising from any permit to withdraw public waters or any application for such permit, but the department of ecology shall grant extensions of time to the holder of a preliminary permit only as provided by RCW 90.03.290. [1987 c 109 § 100; 1967 c 233 § 15.] 90.14.150 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Application to Yakima river basin trust water rights: RCW 90.38.040. 90.14.160 Relinquishment of right for abandonment or failure to beneficially use without sufficient cause— Prior rights acquired through appropriation, custom or general adjudication. Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250. [1981 c 291 § 1; 1979 ex.s. c 216 § 5; 1967 c 233 § 16.] 90.14.160 Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. Effective date—1967 c 233: See RCW 90.14.900. Application to Yakima river basin trust water rights: RCW 90.38.040. Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings: RCW 90.14.200. 90.14.170 Relinquishment of right for abandonment or failure to beneficially use without sufficient cause— Rights acquired due to ownership of land abutting stream, lake, or watercourse. Any person entitled to divert or withdraw waters of the state by virtue of his ownership of land abutting a stream, lake, or watercourse, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw or divert said water for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with the provisions of RCW 90.03.250. [1967 c 233 § 17.] 90.14.170 Effective date—1967 c 233: See RCW 90.14.900. Application to Yakima river basin trust water rights: RCW 90.38.040. Availability for other uses qualified: RCW 90.14.160. Implementation and enforcement of chapter—Application of RCW sections to specific proceedings: RCW 90.14.200. 90.14.180 Relinquishment of right for abandonment or failure to beneficially use without sufficient cause— Future rights acquired through appropriation. Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.14.180 (2008 Ed.) Water Rights—Registration—Waiver and Relinquishment, Etc. 90.44.080, or 90.44.090 who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of five successive years shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330 shall expressly incorporate this section by reference. [1987 c 109 § 101; 1967 c 233 § 18.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Application to Yakima river basin trust water rights: RCW 90.38.040. Availability for other uses qualified: RCW 90.14.160. Implementation and enforcement of chapter—Application of RCW sections to specific proceedings: RCW 90.14.200. 90.14.190 Water resources decisions—Appeals— Attorneys’ fees. Any person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW 43.21B.310. In any such review, the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of any waiver or relinquishment of a water right or portion thereof. If the hearings board affirms the decision of the department, a party seeks review in superior court of that hearings board decision pursuant to chapter 34.05 RCW, and the court determines that the party was injured by an arbitrary, capricious, or erroneous order of the department, the court may award reasonable attorneys’ fees. [1987 c 109 § 14; 1967 c 233 § 19.] 90.14.190 90.14.910 Application to Yakima river basin trust water rights: RCW 90.38.040. 90.14.210 90.14.210 Chapter applies to all rights to withdraw groundwaters. The provisions of this chapter shall apply to all rights to withdraw groundwaters of the state, whether authorized by chapter 90.44 RCW or otherwise. [1967 c 233 § 21.] Application to Yakima river basin trust water rights: RCW 90.38.040. 90.14.215 90.14.215 Chapter not applicable to trust water rights under chapter 90.38 or 90.42 RCW. This chapter shall not apply to trust water rights held or exercised by the department of ecology under chapter 90.38 or 90.42 RCW. [1991 c 347 § 14.] Purposes—1991 c 347: See note following RCW 90.42.005. Severability—1991 c 347: See RCW 90.42.900. 90.14.220 90.14.220 No rights to be acquired by prescription or adverse use. No rights to the use of surface or ground waters of the state affecting either appropriated or unappropriated waters thereof may be acquired by prescription or adverse use. [1967 c 233 § 22.] Application to Yakima river basin trust water rights: RCW 90.38.040. 90.14.230 90.14.230 Rules and regulations. The department of ecology is authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this chapter. [1987 c 109 § 102; 1967 c 233 § 23.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Application to Yakima river basin trust water rights: RCW 90.38.040. Application to Yakima river basin trust water rights: RCW 90.38.040. 90.14.200 Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings. (1) All matters relating to the implementation and enforcement of this chapter by the department of ecology shall be carried out in accordance with chapter 34.05 RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter 34.05 RCW. Proceedings held pursuant to RCW 90.14.130 are adjudicative proceedings within the meaning of chapter 34.05 RCW. Final decisions of the department of ecology in these proceedings are subject to review in accordance with chapter 43.21B RCW. (2) RCW 90.14.130 provides nonexclusive procedures for determining a relinquishment of water rights under RCW 90.14.160, 90.14.170, and 90.14.180. RCW 90.14.160, 90.14.170, and 90.14.180 may be applied in, among other proceedings, general adjudication proceedings initiated under RCW 90.03.110 or 90.44.220: PROVIDED, That nothing herein shall apply to litigation involving determinations of the department of ecology under RCW 90.03.290 relating to the impairment of existing rights. [1989 c 175 § 180; 1979 ex.s. c 216 § 6; 1967 c 233 § 20.] 90.14.200 Effective date—1989 c 175: See note following RCW 34.05.010. Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. (2008 Ed.) 90.14.240 90.14.240 Water rights tracking system account. The water rights tracking system account is created in the state treasury. Twenty percent of the fees collected by the department of ecology according to RCW 90.03.470 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of ecology for the development, implementation, and management of a water rights tracking system, including a water rights mapping system and a water rights database. [2005 c 412 § 3.] Findings—Intent—2005 c 412: See note following RCW 90.03.470. 90.14.900 90.14.900 Effective date—1967 c 233. The effective date of this act is July 1, 1967. [1967 c 233 § 25.] Application to Yakima river basin trust water rights: RCW 90.38.040. 90.14.910 90.14.910 Severability—1967 c 233. If any provisions of this act or the application thereof to any person or circumstance is held invalid, the act can be given effect without the invalid provision or application; and to this end the provisions of this act are declared to be severable. This act shall be liberally construed to effectuate its purpose. [1967 c 233 § 26.] Application to Yakima river basin trust water rights: RCW 90.38.040. [Title 90 RCW—page 31] Chapter 90.16 Title 90 RCW: Water Rights—Environment Chapter 90.16 RCW APPROPRIATION OF WATER FOR PUBLIC AND INDUSTRIAL PURPOSES Chapter 90.16 Sections 90.16.010 90.16.020 90.16.025 90.16.030 90.16.040 90.16.045 90.16.050 90.16.060 90.16.090 90.16.100 90.16.110 90.16.120 Appropriation by certain water companies. Appropriation for industrial purposes. Appropriation for industrial purposes—Procedure. Right of eminent domain by water power companies. Right of eminent domain by water power companies—Right of entry. Right of eminent domain by water power companies—Procedure. Use of water for power development—Annual license fee— Progress report—Exceptions to the fee schedule. Schedule of fees for claimants of water power—Statement of claim—Penalties—Excessive claim—Abandonment. Disposition of fees. Appropriation of lands by corporations conveying water. Water for use outside state. Water for use outside state—Reciprocity. Use of waters for irrigation, mining, manufacturing, deemed a public use: State Constitution Art. 21. 90.16.010 Appropriation by certain water companies. Such water companies incorporated for the purposes specified in the preceding section shall have the right to purchase or take possession of and use and hold such lands and waters for the purposes of the company, lying without the limits of the city or town intended to be supplied with water upon making compensation therefor. The mode of proceeding to obtain possession of such lands for the use of the company, right-of-way for laying pipes and aqueducts for the use of the company, when the parties cannot agree shall so far as the same be applicable be as prescribed in chapter 187: PROVIDED, That nothing therein contained, shall be so construed, as to authorize the appropriation of water belonging to any person, unless the owner thereof shall refuse to supply said town or city with water after being requested so to do by the town board or city council. [1883 p 45 § 1, subd. 8; Code 1881 § 2448; 1873 p 408 § 28; 1869 p 340 § 30; RRS § 11570.] 90.16.010 Reviser’s note: The language "for the purposes specified in the preceding section" refers to Code 1881 § 2447 (repealed by 1939 c 143 § 19) which stated in part: ". . . for the purpose of supplying any cities or towns in this territory, or the inhabitants thereof with pure and fresh water." The language "chapter 187" refers to chapter 187 of the Code of 1881 the existing sections of which chapter are codified in chapter 81.36 RCW and RCW 90.16.100; the remaining sections thereof have been repealed. Validating—1881 Act: "All persons who have organized themselves as a corporation under the provisions of this chapter for purposes other than those enumerated in section 2421, are hereby declared incorporate bodies, with all the powers the same as they would enjoy had they been incorporated for the purposes set forth in section 2421." [Code 1881 § 2445.] The language "this chapter" refers to chapter 185, Code of 1881 which embodied the territorial laws relating to the formation of corporations; current provisions relating thereto are codified in Titles 23 and 24 RCW. The language "section 2421" refers to Code 1881 § 2421 which set forth the purposes for which a corporation might then be formed. General purposes for which a corporation may be formed under existing law are codified in Title 23B RCW; see also Table of Prior Laws following Title 23 RCW digest. 90.16.020 Appropriation for industrial purposes. Any person or persons, or company now incorporated, or that may hereafter become incorporated under the laws of this state, for the purpose of mining or manufacturing, shall have the right to purchase or appropriate and take possession of and divert from its natural channel, and use and hold the waters of any river, creek or stream in this state that may be 90.16.020 [Title 90 RCW—page 32] required for the mining and manufacturing purposes of any such person or persons, corporation or corporations, and to construct all dams, canals, reservoirs, ditches, pipes, flumes and aqueducts, suitable and necessary for the controlling, directing and running such waters to their mines or manufacturing establishments of any such person or persons, corporation or corporations, where the same may be intended to be utilized for such purposes: PROVIDED, That no such appropriation or diversion of the waters of any such river, creek, or stream, from its natural channel; nor shall any such dam, canal, reservoir, ditch, pipe, flume or aqueduct, be constructed to the detriment of any person or persons, corporation or corporations, occupying the lands or being located below the point or place of such appropriation or diversion on any such stream or its tributaries, or above or below such dam, canal, reservoir, ditch, pipe, flume or aqueduct, or of the owners of the lands, through which the waters run in the natural course for the deprivation of the same, or the owners of the land through or upon which such dam, canal, reservoirs, ditch, pipe, flume or aqueduct, may pass through or over, or be situated upon, unless just and adequate compensation be previously ascertained and paid therefor. [Code 1881 Bagley’s Supp. p 36 § 1; 1879 p 124 § 1; RRS § 11575.] 90.16.025 Appropriation for industrial purposes— Procedure. The mode of proceeding to appropriate, take possession of and divert such waters and to build such dam, canal, ditch, reservoir, pipe, flume, or aqueduct, as prescribed in RCW 90.16.020, when the parties cannot agree upon the purchase thereof, shall be the same as prescribed in chapter four of an act to provide for the formation of corporations, approved November thirteenth, eighteen hundred and seventy-three, except that the amount of the benefits accruing to the residue of the property of the same individual or corporation, by reason of the use made of that taken, to be estimated by the parties assessing the damages, shall be deducted from the value of the property taken. [Code 1881 Bagley’s Supp. p 37 § 2; 1879 p 125 § 2.] 90.16.025 90.16.030 Right of eminent domain by water power companies. The right of eminent domain for the purpose of appropriating real estate is hereby extended to all corporations that are now or that may hereafter be incorporated under the laws of this state, or of any state or territory of the United States and doing business in this state, for the purpose of conveying water by ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power: PROVIDED, HOWEVER, That said right of eminent domain shall not be exercised in respect to any residence or business structure or structures. [1901 c 143 § 1; RRS § 11572. FORMER PART OF SECTION: 1901 c 143 § 3; RRS § 11574, now codified as RCW 90.16.045.] 90.16.030 90.16.040 Right of eminent domain by water power companies—Right of entry. Every corporation that is now or that may hereafter be incorporated under the laws of this state, or of any other state or territory of the United States and doing business in this state, for the purpose of conveying water by ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power, shall have the right 90.16.040 (2008 Ed.) Appropriation of Water for Public and Industrial Purposes to enter upon any land between the termini of the proposed ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power, for the purpose of examining, locating and surveying such ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power, doing no unnecessary damage thereby. [1901 c 143 § 2; RRS § 11573.] 90.16.045 Right of eminent domain by water power companies—Procedure. Every such corporation shall have the right, subject to the proviso contained in RCW 90.16.030 to appropriate real estate or other property for a right-of-way for such ditches, flumes, pipe lines, tunnels or other means of conveying water, and for any other corporate purposes, in the same manner and under the same procedure as now is or may be hereafter provided by law in the case of other corporations authorized by the laws of the state to exercise the right of eminent domain. [1901 c 143 § 3; RRS § 11574. Formerly RCW 90.16.030, part.] 90.16.045 Eminent domain by corporations: Chapter 8.20 RCW. 90.16.050 Use of water for power development— Annual license fee—Progress report—Exceptions to the fee schedule. (1) Every person, firm, private or municipal corporation, or association hereinafter called "claimant", claiming the right to the use of water within or bordering upon the state of Washington for power development, shall on or before the first day of January of each year pay to the state of Washington in advance an annual license fee, based upon the theoretical water power claimed under each and every separate claim to water according to the following schedule: (a) For projects in operation: For each and every theoretical horsepower claimed up to and including one thousand horsepower, at the rate of eighteen cents per horsepower; for each and every theoretical horsepower in excess of one thousand horsepower, up to and including ten thousand horsepower, at the rate of three and six-tenths cents per horsepower; for each and every theoretical horsepower in excess of ten thousand horsepower, at the rate of one and eight-tenths cents per horsepower. (b) For federal energy regulatory commission projects in operation, the following fee schedule applies in addition to the fees in (a) of this subsection: For each theoretical horsepower of capacity up to and including one thousand horsepower, at the rate of thirty-two cents per horsepower; for each theoretical horsepower in excess of one thousand horsepower, up to and including ten thousand horsepower, at the rate of six and four-tenths cents per horsepower; for each theoretical horsepower in excess of ten thousand horsepower, at the rate of three and two-tenths cents per horsepower. (c) To justify the appropriate use of fees collected under (b) of this subsection, the department of ecology shall submit a progress report to the appropriate committees of the legislature prior to December 31, 2009, and biennially thereafter until December 31, 2017. (i) The progress report will: (A) Describe how license fees were expended in the federal energy regulatory commission licensing process during the current biennium, and expected workload and full-time equivalent employees for 90.16.050 (2008 Ed.) 90.16.060 federal energy regulatory commission licensing in the next biennium; (B) include any recommendations based on consultation with the departments of ecology and fish and wildlife, hydropower project operators, and other interested parties; and (C) recognize hydropower operators that exceed their environmental regulatory requirements. (ii) The fees required in (b) of this subsection expire June 30, 2017. The biennial progress reports submitted by the department of ecology will serve as a record for considering the extension of the fee structure in (b) of this subsection. (2) The following are exceptions to the fee schedule in subsection (1) of this section: (a) For undeveloped projects, the fee shall be at one-half the rates specified for projects in operation; for projects partly developed and in operation the fees paid on that portion of any project that shall have been developed and in operation shall be the full annual license fee specified in subsection (1) of this section for projects in operation, and for the remainder of the power claimed under such project the fees shall be the same as for undeveloped projects. (b) The fees required in subsection (1) of this section do not apply to any hydropower project owned by the United States. (c) The fees required in subsection (1) of this section do not apply to the use of water for the generation of fifty horsepower or less. (d) The fees required in subsection (1) of this section for projects developed by an irrigation district in conjunction with the irrigation district’s water conveyance system shall be reduced by fifty percent to reflect the portion of the year when the project is not operable. (e) Any irrigation district or other municipal subdivision of the state, developing power chiefly for use in pumping of water for irrigation, upon the filing of a statement showing the amount of power used for irrigation pumping, is exempt from the fees in subsection (1) of this section to the extent of the power used for irrigation pumping. [2007 c 286 § 1; 1929 c 105 § 1; RRS § 11575-1.] 90.16.060 Schedule of fees for claimants of water power—Statement of claim—Penalties—Excessive claim—Abandonment. The license fee herein required shall be paid in advance to the state department of ecology and shall be accompanied by written statement, showing the extent of the claim. Said statement shall set forth the name and address of the claimant, the name of the stream from which the water is appropriated or claimed for power development, a description of the forty acres or smallest legal subdivision in which the point of diversion and point of return are located, the date of the right as claimed, the maximum amount of water claimed, expressed in cubic feet per second of time, the total average fall utilized under such claim, the manner of developing power and the use to which the power is applied. If the regular flow is supplemented by water stored in a reservoir, the location of such reservoir, its capacity in acre feet, and the stream from which it is filled and fed, should be given, also the date of the right as claimed for storage purposes. Should any claimant fail or neglect to file such statement within the time specified, or fail or neglect to pay such fees within the time specified, the fees due and payable shall be at 90.16.060 [Title 90 RCW—page 33] 90.16.090 Title 90 RCW: Water Rights—Environment the schedule rates set out in RCW 90.16.050, increased twenty-five percent, and the state shall have preference lien therefor, with interest at the rate of ten percent per annum from the date of delinquency, upon the property of claimant used or necessary for use in the development of the right or claim, together with any improvements erected thereon for such development, and upon request from the director of ecology the attorney general shall proceed to foreclose the lien, and collect the amount due, as herein provided, in the same manner as other liens for general state and county taxes on real property are foreclosed. The filing of a claim to water in excess of the amount to which the claimant is legally entitled shall not operate to vest in such claimant any right to the use of such excess water, nor shall the payment of the annual license fees, provided for herein, operate to vest in any claimant any right to the use of such water beyond the amount to which claimant is legally entitled. The filing of such claim, or claims to water shall be conclusive evidence of abandonment by the claimant of all right to water for power purposes not covered by the claim, or claims, as filed; and the failure to file statement and pay the fees, as herein required, for any power site or claim of power rights on account of riparian ownership within two years after June 12, 1929, shall be conclusive evidence of abandonment. The amount of the theoretical horsepower upon which fees shall be paid shall be computed by multiplying the maximum amount of water claimed, expressed in cubic feet per second of time, by the average fall utilized, expressed in feet, and dividing the product by 8.8. [1988 c 127 § 78; 1929 c 105 § 2; RRS § 11575-2. Formerly RCW 90.16.060, 90.16.070 and 90.16.080.] Property taxes lien foreclosure: Chapter 84.64 RCW. lien of taxes: Chapter 84.60 RCW. 90.16.090 Disposition of fees. (1) All fees paid under provisions of this chapter, shall be credited by the state treasurer to the reclamation account created in RCW 89.16.020 and subject to legislative appropriation, be allocated and expended by the director of ecology for: (a) Investigations and surveys of natural resources in cooperation with the federal government, or independently thereof, including stream gaging, hydrographic, topographic, river, underground water, mineral and geological surveys; and (b) Expenses associated with staff at the departments of ecology and fish and wildlife working on federal energy regulatory commission relicensing and license implementation. (2) Unless otherwise required by the omnibus biennial appropriations acts, the expenditures for these purposes must be proportional to the revenues collected under RCW 90.16.050(1). [2007 c 286 § 2; 1988 c 127 § 79; 1973 c 106 § 39; 1939 c 209 § 1; 1929 c 105 § 3; RRS § 11575-3.] 90.16.090 90.16.100 Appropriation of lands by corporations conveying water. All corporations, authorized to do business in the state, and who have been, or may hereafter be organized, for the purpose of erecting and maintaining flumes and aqueducts to convey water for consumption or for mining, irrigation, milling or other industrial purposes, shall have the same right to appropriate lands for necessary corporate purposes, and under the same regulations and instructions as are provided for other corporations; and such corporations organized for such purposes, in order to carry out the object of their incorporation, are authorized to take and use any water not otherwise legally appropriated. [Code 1881 § 2472; 1879 p 134 § 1; RRS § 11576.] 90.16.110 Water for use outside state. Whenever the use of water shall be necessary for domestic, manufacturing, irrigation, or in interstate transportation at or for any incorporated or unincorporated city, town, village or hamlet situated partly in Washington and partly in an adjoining state or where any city, town, village or hamlet is incorporated on one side of the state line and there are inhabitants living in adjacent and contiguous territory on the other side, it shall be lawful for any person, association or corporation to locate, appropriate, divert and deliver any of the unappropriated public waters of this state necessary for the use of such city, town, village or hamlet and the inhabitants thereof and those residing in and embracing such contiguous territory both within this state and such adjoining state; and locations may be made and authority is hereby granted for such purpose the same as for any other appropriation within the state and a diversion and delivery for such purpose shall have the same force and effect as if made for use wholly within this state and any appropriation, diversion or use heretofore made for such purpose shall be deemed as valid and legal as if made for a use wholly within this state and priority thereof shall date from the appropriation and diversion the same as if it had been made for use wholly within this state. [1919 c 41 § 1; RRS § 11577.] 90.16.110 90.16.120 Water for use outside state—Reciprocity. The provisions of *this act shall not apply to any territory or the inhabitants thereof situated or located in any adjoining state which does not by its laws, usages or legal regulations grant similar or reciprocal rights, privileges and opportunities to this state and its inhabitants and adjacent and contiguous territory whether incorporated or unincorporated as in *this act specified. [1919 c 41 § 2; RRS § 11578.] 90.16.120 *Reviser’s note: "this act" [1919 c 41], is codified in RCW 90.16.110 and 90.16.120. Chapter 90.22 RCW MINIMUM WATER FLOWS AND LEVELS Chapter 90.22 Sections 90.22.010 90.22.020 90.22.030 90.22.040 90.22.050 90.22.060 90.16.100 [Title 90 RCW—page 34] Establishment of minimum water flows or levels—Authorized—Purposes. Establishment of minimum water flows or levels—Hearings— Notice—Rules. Existing water and storage rights—Right to divert or store water. Stockwatering requirements. Civil penalties. Instream flow evaluations—Statewide list of priorities— Salmon impact. 90.22.010 Establishment of minimum water flows or levels—Authorized—Purposes. The department of ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recre90.22.010 (2008 Ed.) Regulation of Outflow of Lakes ational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of ecology shall, when requested by the department of fish and wildlife to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or if the department of ecology finds it necessary to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request or determination. Any request submitted by the department of fish and wildlife shall include a statement setting forth the need for establishing a minimum flow or level. When the department acts to preserve water quality, it shall include a similar statement with the proposed rule filed with the code reviser. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder. [1997 c 32 § 4; 1994 c 264 § 86; 1988 c 47 § 6. Prior: 1987 c 506 § 96; 1987 c 109 § 103; 1969 ex.s. c 284 § 3.] Application—Severability—1988 c 47: See notes following RCW 43.83B.300. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.22.020 Establishment of minimum water flows or levels—Hearings—Notice—Rules. Flows or levels authorized for establishment under RCW 90.22.010, or subsequent modification thereof by the department shall be provided for through the adoption of rules. Before the establishment or modification of a water flow or level for any stream or lake or other public water, the department shall hold a public hearing in the county in which the stream, lake, or other public water is located. If it is located in more than one county the department shall determine the location or locations therein and the number of hearings to be conducted. Notice of the hearings shall be given by publication in a newspaper of general circulation in the county or counties in which the stream, lake, or other public waters is located, once a week for two consecutive weeks before the hearing. The notice shall include the following: (1) The name of each stream, lake, or other water source under consideration; (2) The place and time of the hearing; (3) A statement that any person, including any private citizen or public official, may present his or her views either orally or in writing. Notice of the hearing shall also be served upon the administrators of the departments of social and health services, natural resources, fish and wildlife, and transportation. [1994 c 264 § 87; 1987 c 506 § 97; 1985 c 196 § 1; 1984 c 7 § 384; 1969 ex.s. c 284 § 4.] 90.22.020 Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Severability—1984 c 7: See note following RCW 47.01.141. Severability—1969 ex.s. c 284: See note following RCW 90.48.290. (2008 Ed.) 90.24.010 90.22.030 Existing water and storage rights—Right to divert or store water. The establishment of levels and flows pursuant to RCW 90.22.010 shall in no way affect existing water and storage rights and the use thereof, including but not limited to rights relating to the operation of any hydroelectric or water storage reservoir or related facility. No right to divert or store public waters shall be granted by the department of ecology which shall conflict with regulations adopted pursuant to RCW 90.22.010 and 90.22.020 establishing flows or levels. All regulations establishing flows or levels shall be filed in a "Minimum Water Level and Flow Register" of the department of ecology. [1988 c 127 § 81; 1969 ex.s. c 284 § 5.] 90.22.030 Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.22.040 Stockwatering requirements. It shall be the policy of the state, and the department of ecology shall be so guided in the implementation of RCW 90.22.010 and 90.22.020, to retain sufficient minimum flows or levels in streams, lakes or other public waters to provide adequate waters in such water sources to satisfy stockwatering requirements for stock on riparian grazing lands which drink directly therefrom where such retention shall not result in an unconscionable waste of public waters. The policy hereof shall not apply to stockwatering relating to feed lots and other activities which are not related to normal stockgrazing land uses. [1987 c 109 § 104; 1969 ex.s. c 284 § 6.] 90.22.040 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Severability—1969 ex.s. c 284: See note following RCW 90.48.290. 90.22.050 Civil penalties. 90.22.050 See RCW 90.03.600. 90.22.060 Instream flow evaluations—Statewide list of priorities—Salmon impact. By December 31, 1993, the department of ecology shall, in cooperation with the Indian tribes, and the department of fish and wildlife, establish a statewide list of priorities for evaluation of instream flows. In establishing these priorities, the department shall consider the achievement of wild salmonid production as its primary goal. [1998 c 245 § 172; 1993 sp.s. c 4 § 13.] 90.22.060 Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600. Chapter 90.24 RCW REGULATION OF OUTFLOW OF LAKES Chapter 90.24 Sections 90.24.010 90.24.020 90.24.030 90.24.040 90.24.050 90.24.060 90.24.066 90.24.070 Petition to regulate flow—Order—Exceptions. Contents of petition. Title of petition—Service of petition and order—Notice. Hearing on petition—Order—Continuing jurisdiction. Devices to protect the fish—Cost—Special fund. Installation of devices. Jurisdiction over weed control. Appellate review. 90.24.010 Petition to regulate flow—Order—Exceptions. Ten or more owners of real property abutting on a lake may petition the superior court of the county in which the lake is situated, for an order to provide for the regulation of the outflow of the lake in order to maintain a certain water level therein. If there are fewer than ten owners, a majority of 90.24.010 [Title 90 RCW—page 35] 90.24.020 Title 90 RCW: Water Rights—Environment the owners abutting on a lake may petition the superior court for such an order. The court, after notice to the department of fish and wildlife and a hearing, is authorized to make an order fixing the water level thereof and directing the department of ecology to regulate the outflow therefrom in accordance with the purposes described in the petition. This section shall not apply to any lake or reservoir used for the storage of water for irrigation or other beneficial purposes, or to lakes navigable from the sea. [1999 c 162 § 1; 1985 c 398 § 28; 1959 c 258 § 1; 1939 c 107 § 2; RRS § 7388-1.] Effective date—1985 c 398: "Sections 28 through 30 of this act shall take effect January 1, 1986." [1985 c 398 § 31.] Lake and beach management districts: Chapter 36.61 RCW. 90.24.020 Contents of petition. Such petition shall contain a complete description of the property surrounding said lake with the number of front feet contained in each tract with the name of the owner thereof and his address together with a brief statement of the reasons and necessity for such application; that the level sought to be established will in no wise interfere with the navigability of said lake or in any manner affect or interfere with fish or game fish which may be then contained or may thereafter be deposited in said lake, but that in order to protect fish or game fish in said lake the construction of fish ladders or other devices may be required to conserve and protect such fish or game fish, then in that event the property owners to be benefited by the establishment of said water level in such lake shall be required to pay the cost thereof, in proportion to lineal feet of water front owned by each. [1939 c 107 § 3; RRS § 7388-2.] 90.24.020 90.24.030 Title of petition—Service of petition and order—Notice. The petition shall be entitled "In the matter of fixing the level of Lake . . . . . . in . . . . . . county, Washington", and shall be filed with the clerk of the court and a copy thereof, together with a copy of the order fixing the time for hearing the petition, shall be served on each owner of property abutting on the lake, not less than ten days before the hearing. Like copies shall also be served upon the director of fish and wildlife and the director of ecology. The copy of the petition and of the order fixing time for hearing shall be served in the manner provided by law for the service of summons in civil actions, or in such other manner as may be prescribed by order of the court. For the benefit of every riparian owner abutting on a stream or river flowing from such lake, a copy of the notice of hearing shall be published at least once a week for two consecutive weeks before the time set for hearing in a newspaper in each county or counties wherein located, said notice to contain a brief statement of the reasons and necessity for such application. [1994 c 264 § 88; 1988 c 36 § 67; 1987 c 109 § 105; 1963 c 243 § 1; 1959 c 258 § 2; 1947 c 210 § 1; 1939 c 107 § 4; Rem. Supp. 1947 § 7388-3.] 90.24.030 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.24.040 Hearing on petition—Order—Continuing jurisdiction. At the hearing evidence shall be introduced in support of the petition and all interested parties may be heard for or against it. The court shall make findings and conclusions and enter an order granting or refusing the petition, and if the petition is granted, shall fix the water level to be main90.24.040 [Title 90 RCW—page 36] tained and direct the department of ecology to regulate and control the outflow of the lake so as to properly maintain the water level so far as practicable within maximum and minimum limits when the proper control devices are installed: PROVIDED, That the court shall have continuing jurisdiction after a petition is once granted and shall, upon subsequent petition filed and heard in accordance with the preceding sections, make such further findings and conclusions and enter such further orders as are necessary to accomplish fully the objectives sought in the initial petition: AND PROVIDED FURTHER, That shall the court find any such riparian owners abutting on a stream or river flowing from such lake be adversely affected in any way by the granting of such a petition, such petition shall be refused. [1985 c 398 § 29; 1959 c 258 § 3; 1939 c 107 § 5; RRS § 7388-4.] Effective date—1985 c 398: See note following RCW 90.24.010. 90.24.050 Devices to protect the fish—Cost—Special fund. In the event the court shall find that to protect fish and game fish in said lake that fish ladders or other devices should be constructed therein or that other construction shall be necessary in order to maintain the determined lake level, the court shall find the proper device to be constructed, the probable cost thereof and by its order and judgment shall apportion the cost thereof among the persons whose property abuts on said lake in proportion to the lineal feet of waterfront owned by each, which sum so found shall constitute a lien against said real property and shall be paid to the county treasurer and by him placed in a special fund to be known as "Lake . . . . . . Improvement Fund." The director of ecology shall appoint a suitable person to be compensated by the property owners to regulate the determined level as decreed by the court. [1988 c 127 § 82; 1939 c 107 § 6; RRS § 73885.] 90.24.050 90.24.060 Installation of devices. Such improvement or device in said lake for the protection of the fish and game fish therein shall be installed by and under the direction of the board of county commissioners of said county with the approval of the respective directors of the department of fish and wildlife and the department of ecology of the state of Washington and paid for out of the special fund provided for in RCW 90.24.050. [1994 c 264 § 89; 1988 c 36 § 68; 1987 c 109 § 106. Prior: 1939 c 107 § 7; RRS § 7388-6.] 90.24.060 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.24.066 Jurisdiction over weed control. A superior court may continue its jurisdiction over weed control in those lakes that had been under the court’s jurisdiction for such purposes prior to July 28, 1985. The continuing jurisdiction of a superior court for such weed control purposes shall be subject to the provisions of chapter 90.24 RCW in the same manner as the continuing jurisdiction of a superior court over the maintenance of lake water levels. The superior court shall hold hearings under RCW 90.24.040 whenever subsequent petitions are filed with it concerning weed control on a lake over which it has continuing jurisdiction for weed control purposes. If the court finds that the weed control proposals are in the best interests of the 90.24.066 (2008 Ed.) Miscellaneous Rights and Duties abutting property owners, it shall determine what measures should be taken to accomplish these objectives, the probable annual cost thereof, and by its order apportion the cost among the persons whose property abuts on the lake in proportion to the lineal feet of waterfront owned by each, which sum shall constitute a lien against the real property. Payments of these sums shall be made to the county treasurer who shall place these payments into a special fund to be known as "Lake . . . . . . weed removal fund." The court shall appoint a suitable person, to be compensated by the property owners, to undertake weed control activities as decreed by the court. [1988 c 133 § 1.] 90.24.070 Appellate review. Any person aggrieved by the order of judgment of the superior court may seek appellate review in the same manner as in other civil actions. [1988 c 202 § 93; 1971 c 81 § 177; 1939 c 107 § 8; RRS § 7388-7.] 90.24.070 Severability—1988 c 202: See note following RCW 2.24.050. Chapter 90.28 RCW MISCELLANEOUS RIGHTS AND DUTIES Chapter 90.28 Sections 90.28.010 90.28.020 90.28.040 90.28.160 90.28.170 Right to back and hold waters over roads, streets, and alleys— Procedure. Right to back and hold waters over roads, streets, and alleys— Relocation—Acquisition of rights—Abandonment. Limitation on number of irrigation ditches across land. Fencing across streams. Dams across streams. 90.28.010 Right to back and hold waters over roads, streets, and alleys—Procedure. The department of transportation may, in its sole discretion, grant to any person or corporation the right, privilege, and authority to perpetually back and hold the waters of any lake, river, stream, slough, or other body of water, upon or over any state, county, or permanent highway or road, or any street or alley within the limits of any town, or any part thereof, and overflow and inundate the same whenever the director of ecology deems it necessary for the purpose of erecting, constructing, maintaining, or operating any water power plant, reservoir, or works for impounding water for power purposes, irrigation, mining, or other public use and shall so certify to the department of transportation. The decision of the department of transportation, in the absence of bad faith, arbitrary, capricious, or fraudulent action, is conclusive. But the right shall not be granted until it has been heretofore or is hereafter determined in a condemnation suit instituted by the person or corporation desiring to obtain the right or rights in the county wherein is situated that part of the road, highway, street, or alley so to be affected that the use for which the grant is sought is a public use, nor until there is filed with the clerk of the court in which the order or decree of public use was entered a bond or undertaking signed by the person or corporation seeking the grant, executed by a surety company authorized to do business in this state, conditioned to pay all costs and expenses of every kind and description connected with and incident to the relocation and reconstruction of any such highway, road, street, or alley, the same to be of substantially the same type and grade of construction as that of the highway, road, street, or 90.28.010 (2008 Ed.) 90.28.020 alley to be overflowed or inundated, including any such relocation, reconstruction, and maintenance costs and expenses as may arise within a period of eighteen months after the new highway, road, street, or alley has been opened in its entirety to public travel, and also including any and all damages for which the state, county, city, or town may be liable because of the vacation of any such highway, road, street, or alley and the relocation thereof in the manner provided herein and to save harmless the state, county, city, or town from the payment of the same or any part thereof. The bond shall be in a penal sum of double the estimated amount of the expenses, costs, and damages referred to above. In the case of a state highway the estimate shall be made by the department of transportation. In case of a county road or permanent highway the estimate shall be made by the county legislative authority, and in the case of a street or alley of a town the estimate shall be made by the city or town council. The bond shall be approved by the department of transportation when the road to be affected is a state highway, and in all other cases by a judge of the superior court in which the order or decree of public use was entered. In the condemnation suit the state of Washington shall be made a party defendant when the road affected is a state highway. If the road is a county road or permanent highway the county in which the road or permanent highway is situated shall be made a party defendant, and when any street or alley in any town is affected the city or town shall be made a party defendant. Any person or corporation may acquire the right to overflow as against the owner of the fee in any such highway, road, street, or alley by making the owner of the fee or of any part thereof a party defendant in the condemnation suit provided for herein or by instituting a separate condemnation suit against any such owner. The damages sustained by any such owner as a result of the overflow of any such highway, road, street, or alley shall be determined as in other condemnation cases, separate and apart from any damage sustained by the state, county, city, or town. [1994 c 81 § 87; 1984 c 7 § 385; 1929 c 154 § 1; 1927 c 202 § 1; RRS § 7354-1.] Severability—1984 c 7: See note following RCW 47.01.141. Eminent domain by corporations: Chapter 8.20 RCW. Private ways of necessity: Chapter 8.24 RCW. 90.28.020 90.28.020 Right to back and hold waters over roads, streets, and alleys—Relocation—Acquisition of rights— Abandonment. It shall be the duty of the department of transportation, if the road to be affected shall be a state highway, or of the county legislative authority of the county in which such road is located, if the road to be affected shall be a county road, or permanent highway, or of the council of any town in which the road is located, if the road to be affected shall be a street or alley, within thirty days after entry of said order or decree of public use and the filing of the bond mentioned in RCW 90.28.010, to enter an appropriate order or resolution directing the relocation and reestablishment and completion forthwith of such highway, road, street or alley in place of that so to be overflowed or inundated, and promptly thereafter to acquire all property and rights-of-way necessary therefor, instituting and diligently prosecuting such condemnation suits as may be necessary in order to secure such property and rights-of-way. The decision of the committee, board [Title 90 RCW—page 37] 90.28.040 Title 90 RCW: Water Rights—Environment or council as to relocation and reestablishment set forth in such order or resolution shall be final and conclusive as to all matters and things set forth therein, including the question of public use and necessity in any and all condemnation suits to be brought under RCW 90.28.010 and 90.28.020. After the reestablishment and relocation of any such highway, road, street or alley and the construction and opening thereof in its entirety to public travel and the signing of the grant authorized in RCW 90.28.010, the state highway, county road or permanent highway, street or alley or such part thereof described in said grant shall be deemed to be abandoned and thereafter cease to be a highway, road, street or alley. [1994 c 81 § 88; 1927 c 202 § 2; RRS § 7354-2.] Eminent domain by corporations: Chapter 8.20 RCW. Private ways of necessity: Chapter 8.24 RCW. 90.28.040 Limitation on number of irrigation ditches across land. No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner thereof, be subjected to the burden of two or more irrigating ditches constructed for the purpose of conveying water through said property to lands adjoining or beyond the same, when the same object can feasibly and practicably be attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch. [1890 p 717 § 39; RRS § 7401.] 90.28.040 90.28.160 Fencing across streams. Owners of land or their agents shall have the right to fence across all unmeandered streams at any time when such streams are not used for a public highway, or by making a fence that will not be an obstruction. [1891 c 120 § 3; no RRS.] 90.28.160 90.28.170 Dams across streams. There is hereby granted to persons, firms and corporations organized among other things, for irrigation and power purposes, the right to construct and maintain dams and works incident thereto over, upon and across the beds of the rivers of the state of Washington in connection with such power and irrigation purposes, and there is hereby granted to such persons, firms and corporations an easement over, upon and across the beds of such rivers for such purposes. Such easement shall be limited however, to so much of the beds of such rivers as may be reasonably convenient and necessary for such uses. All such dams and works shall be completed within five years after the commencement of construction work upon the same. The rights and privileges granted by this section shall inure to the benefit of such persons, firms or corporations from the date of the commencement of construction work upon such dams and works incident thereto, and such construction work shall be diligently prosecuted to completion, and the rights, privileges and easements granted by this section shall continue so long as the same shall be utilized by the grantees for the purposes herein specified, and the failure to maintain and use such dams and works after the same shall have been constructed, for a continuous period of two years, shall operate as a forfeiture of all the rights hereby granted and the same shall revert to the state of Washington: PROVIDED, That nothing in this section shall be construed in such a way as to interfere with the use of said rivers for navigation purposes, and all of such 90.28.170 [Title 90 RCW—page 38] rights, privileges and easements granted hereby shall be subject to the paramount control of such rivers for navigation purposes by the United States: AND, PROVIDED FURTHER, That the use and enjoyment of the grants and privileges of this section shall not interfere with the lawful and rightful diversion of the waters of said rivers by other parties under water appropriations in existence at the time any such persons, firms or corporations shall avail themselves of the benefits and privileges of this section, but no such persons, firms or corporations shall have any right to construct any such dams or works over, upon or across the land between ordinary high water and extreme low water of any river of this state without first having acquired the right to do so from the owner or owners of the lands adjoining the land between ordinary high water and extreme low water over or across which said dam or works are constructed. [1911 c 95 § 1; RRS § 7416.] Reviser’s note: For later enactment, see chapter 90.03 RCW. Height of dams on tributaries of Columbia river: Chapter 77.55 RCW. Chapter 90.36 Chapter 90.36 RCW ARTESIAN WELLS Sections 90.36.010 90.36.020 90.36.030 90.36.040 90.36.050 Right-of-way to wells. Flow limited during certain period—Exceptions. Capping well—Exceptions. Right of neighboring owner to cap well—Lien. Penalty—1901 c 121. Aquifer protection areas: Chapter 36.36 RCW. 90.36.010 Right-of-way to wells. Any person who may be entitled to water from any artesian well shall have the right to condemn the right-of-way for a ditch to convey such water for the purpose of irrigation over the lands intervening between such well and the place where the party owning such water wishes to use the same, and such right-of-way may be condemned sufficient for the purposes of conveying the water, together with the right of ingress and egress, to construct, maintain and repair said ditch, *as is hereinafter provided for in this act. [1890 p 711 § 18; RRS § 7403.] 90.36.010 *Reviser’s note: The language "as is hereinafter provided for in this act" refers to 1889-90 pp 706-728 §§ 1-67 which has since been repealed with the exception of those sections now codified as RCW 90.28.030 and 90.28.040. Compare the provisions of later enactment in chapter 90.03 RCW. 90.36.020 Flow limited during certain period— Exceptions. It shall be unlawful for any person, firm, corporation or company having possession or control of any artesian well within the state, whether as contractor, owner, lessee, agent or manager, to allow or permit water to flow or escape from such well between the fifteenth day of October in any year and the fifteenth day of March next ensuing; PROVIDED, That *this act shall only apply to sections and communities wherein the use of water for the purpose of irrigation is necessary or customary; and PROVIDED FURTHER, That nothing herein contained shall prevent or prohibit the use of water from any such well between said fifteenth day of October and the fifteenth day of March next ensuing, for household, stock and domestic purposes only, water for said last named purposes to be taken from such well 90.36.020 (2008 Ed.) Yakima River Basin Water Rights through a three-quarters inch stop and waste cock to be inserted in the piping of such well for that purpose. [1929 c 138 § 1; 1901 c 121 § 1; RRS § 7404.] *Reviser’s note: "this act" refers to 1901 c 121 codified in RCW 90.36.020 through 90.36.050. 90.36.030 Capping well—Exceptions. It shall be the duty of every person, firm, corporation or company having possession or control of any artesian well, as provided in RCW 90.36.020, to securely cap the same over on or before the fifteenth day of October in each and every year in such manner as to prevent the flow or escape of water therefrom, and to keep the same securely capped and prevent the flow or escape of water therefrom until the fifteenth day of March next ensuing; PROVIDED, HOWEVER, It shall and may be lawful for any such person, firm, corporation or company to insert a three-quarters inch stop and waste cock in the piping of such well, and to take and use water therefrom through such stop and waste cock at any time for household, stock, or domestic purposes, but not otherwise. [1929 c 138 § 2; 1901 c 121 § 2; RRS § 7405.] 90.36.030 90.36.040 Right of neighboring owner to cap well— Lien. Whenever any person, firm, corporation or company in possession or control of an artesian well shall fail to comply with the provisions of *this act, any person, firm, corporation or company lawfully in the possession of land situate adjacent to or in the vicinity or neighborhood of such well and within five miles thereof may enter upon the land upon which such well is situate, and take possession of such from which water is allowed to flow or escape in violation of the provisions of RCW 90.36.020, and cap such well and shut in and secure the flow or escape of water therefrom, and the necessary expenses incurred in so doing shall constitute a lien upon said well, and a sufficient quantity of land surrounding the same for the convenient use and operation thereof, which lien may be foreclosed in a civil action in any court of competent jurisdiction, and the court in any such case shall allow the plaintiff a reasonable attorney’s fee to be taxed as a part of the cost. This shall be in addition to the penalty provided for in RCW 90.36.050. [1901 c 121 § 4; RRS § 7407.] 90.36.040 *Reviser’s note: "this act," see note following RCW 90.36.020. 90.36.050 Penalty—1901 c 121. Any person whether as owner, lessee, agent or manager having possession or control of any such well, violating the provisions of *this act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding two hundred dollars for each and every such offense, and the further sum of two hundred dollars for each ten days during which such violation shall continue. [1901 c 121 § 3; RRS § 7406.] 90.36.050 *Reviser’s note: "this act," see note following RCW 90.36.020. Chapter 90.38 RCW YAKIMA RIVER BASIN WATER RIGHTS Chapter 90.38 Sections 90.38.005 90.38.010 90.38.020 (2008 Ed.) Findings—Purpose. Definitions. Acquisition or donation of trust water rights. 90.38.030 90.38.040 90.38.050 90.38.900 90.38.901 90.38.902 90.38.020 Water conservation projects—Contracts for financial assistance. Trust water rights program. Rules. Existing policies not replaced. Transfer of rights between irrigation districts not intended. Existing rights not impaired. 90.38.005 Findings—Purpose. (1) The legislature finds that: (a) Under present physical conditions in the Yakima river basin there is an insufficient supply of water to satisfy the needs of the basin; (b) Pursuant to P.L. 96-162, which was urged for enactment by this state, the United States is now conducting a study of ways to provide needed waters through improvements of the federal water project presently existing in the Yakima river basin; (c) The interests of the state will be served by developing programs, in cooperation with the United States and the various water users in the basin, that increase the overall ability to manage basin waters in order to better satisfy both present and future needs for water in the Yakima river basin. (2) It is the purpose of this chapter, consistent with these findings, to improve the ability of the state to work with the United States and various water users of the Yakima river basin in a program designed to satisfy both existing rights, and other presently unmet as well as future needs of the basin. (3) The provisions of this chapter apply only to waters of the Yakima river basin. [1989 c 429 § 1.] 90.38.005 90.38.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of ecology. (2) "Net water savings" means the amount of water that through hydrological analysis is determined to be conserved and usable for other purposes without impairing existing water rights, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other water users. (3) "Trust water right" means that portion of an existing water right, constituting net water savings, that is no longer required to be diverted for beneficial use due to the installation of a water conservation project that improves an existing system. The term "trust water right" also applies to any other water right acquired by the department under this chapter for management in the Yakima river basin trust water rights program. (4) "Water conservation project" means any project funded to further the purposes of this chapter and that achieves physical or operational improvements of efficiency in existing systems for diversion, conveyance, or application of water under existing water rights. [1989 c 429 § 2.] 90.38.010 90.38.020 Acquisition or donation of trust water rights. (1)(a) The department may acquire water rights, including but not limited to storage rights, by purchase, lease, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. A water right acquired by the state that is expressly conditioned to 90.38.020 [Title 90 RCW—page 39] 90.38.030 Title 90 RCW: Water Rights—Environment limit its use to instream purposes shall be administered as a trust water right in compliance with that condition. (b) If the holder of a right to water from a body of water chooses to donate all or a portion of the person’s water right to the trust water system to assist in providing instream flows on a temporary or permanent basis, the department shall accept the donation on such terms as the person may prescribe as long as the donation satisfies the requirements of subsection (4) of this section and the other applicable requirements of this chapter and the terms prescribed are relevant and material to protecting any interest in the water right retained by the donor. Once accepted, such rights are trust water rights within the conditions prescribed by the donor. (2) The department may make such other arrangements, including entry into contracts with other persons or entities as appropriate to ensure that trust water rights acquired in accordance with this chapter can be exercised to the fullest possible extent. (3) The trust water rights may be acquired on a temporary or permanent basis. (4) A water right donated under subsection (1)(b) of this section shall not exceed the extent to which the water right was exercised during the five years before the donation nor may the total of any portion of the water right remaining with the donor plus the donated portion of the water right exceed the extent to which the water right was exercised during the five years before the donation. A water right holder who believes his or her water right has been impaired by a trust water right donated under subsection (1)(b) of this section may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the donation or exercising a portion of that trust water right donated under subsection (1)(b) of this section is impairing existing water rights in violation of RCW 90.38.902, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not alter a trust water right donated under subsection (1)(b) of this section is appealable to the pollution control hearings board under RCW 43.21B.230. A donated water right’s status as a trust water right under this subsection is not evidence of the validity or quantity of the water right. (5) Any water right conveyed to the trust water right system as a gift that is expressly conditioned to limit its use to instream purposes shall be managed by the department for public purposes to ensure that it qualifies as a gift that is deductible for federal income taxation purposes for the person or entity conveying the water right. (6) If the department acquires a trust water right by lease, the amount of the trust water right shall not exceed the extent to which the water right was exercised during the five years before the acquisition was made nor may the total of any portion of the water right remaining with the original water right holder plus the portion of the water right leased by the department exceed the extent to which the water right was exercised during the five years before the acquisition. A water right holder who believes his or her water right has been impaired by a trust water right leased under this subsection may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the leasing or exercising of a portion of [Title 90 RCW—page 40] that trust water right leased under this subsection is impairing existing water rights in violation of RCW 90.38.902, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not to alter a trust water right leased under this subsection is appealable to the pollution control hearings board under RCW 43.21B.230. The department’s leasing of a trust water right under this subsection is not evidence of the validity or quantity of the water right. (7) For a water right donated to or acquired by the trust water rights program on a temporary basis, the full quantity of water diverted or withdrawn to exercise the right before the donation or acquisition shall be placed in the trust water rights program and shall revert to the donor or person from whom it was acquired when the trust period ends. [2002 c 329 § 7; 2001 c 237 § 28; 1989 c 429 § 3.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.38.030 Water conservation projects—Contracts for financial assistance. (1) For the purposes of this chapter, the department is authorized to enter into contracts with water users for the purpose of providing moneys to users to assist in the financing of water conservation projects. In exchange for the financial assistance provided for the purposes of this chapter, the water users shall convey the trust water rights, created as a result of the assistance, to the department of ecology. (2) No contract shall be entered into by the department with a water user under this chapter unless it appears to the department that, upon the completion of a water conservation project financed with moneys as provided in this section, a valid water right exists for conveyance to the department. (3) The department shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds. (4) When water is proposed to be acquired by or conveyed to the department as a trust water right by an irrigation district, evidence of the district’s authority to represent the water right holders must be submitted to, and for the satisfaction of, the department. (5) The department shall not acquire an individual’s water right under this chapter that is appurtenant to land lying within an irrigation district without the approval of the board of directors of the irrigation district. [1989 c 429 § 4.] 90.38.030 90.38.040 Trust water rights program. (1) All trust water rights acquired by the department shall be placed in the Yakima river basin trust water rights program to be managed by the department. The department shall issue a water right certificate in the name of the state of Washington for each trust water right it acquires. (2) Trust water rights shall retain the same priority date as the water right from which they originated. Trust water rights may be modified as to purpose or place of use or point of diversion, including modification from a diversionary use to a nondiversionary instream use. 90.38.040 (2008 Ed.) Water Rights of United States (3) Trust water rights may be held by the department for instream flows, irrigation use, or other beneficial use. Trust water rights may be acquired on a temporary or permanent basis. To the extent practicable and subject to legislative appropriation, trust water rights acquired in an area with an approved watershed plan developed under chapter 90.82 RCW shall be consistent with that plan if the plan calls for such acquisition. (4) A schedule of the amount of net water saved as a result of water conservation projects carried out in accordance with this chapter, shall be developed annually to reflect the predicted hydrologic and water supply conditions, as well as anticipated water demands, for the upcoming irrigation season. This schedule shall serve as the basis for the distribution and management of trust water rights each year. (5)(a) No exercise of a trust water right may be authorized unless the department first determines that no existing water rights, junior or senior in priority, will be impaired as to their exercise or injured in any manner whatever by such authorization. (b) Before any trust water right is exercised, the department shall publish notice thereof in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in such other newspapers as the department determines are necessary, once a week for two consecutive weeks. At the same time the department may also send notice thereof containing pertinent information to the director of fish and wildlife. (c) Subsections (4) and (5)(b) of this section do not apply to a trust water right resulting from a donation for instream flows described in RCW 90.38.020(1)(b) or from the lease of a water right under RCW 90.38.020(6) if the period of the lease does not exceed five years. However, the department shall provide the notice described in (b) of this subsection the first time the trust water right resulting from the donation is exercised. (6) RCW 90.03.380 and 90.14.140 through 90.14.910 shall have no applicability to trust water rights held by the department under this chapter or exercised under this section. [2001 c 237 § 29; 1994 c 264 § 90; 1989 c 429 § 5.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.38.050 90.38.050 Rules. The department may adopt rules as appropriate to ensure full implementation of this chapter. [1989 c 429 § 6.] 90.38.900 90.38.900 Existing policies not replaced. The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B or 43.99E RCW may be used within or without the Yakima river basin. [1989 c 429 § 7.] 90.38.901 90.38.901 Transfer of rights between irrigation districts not intended. It is not the intent of this chapter to facilitate the transfer of water rights from one irrigation district to another. [1989 c 429 § 8.] (2008 Ed.) 90.40.030 90.38.902 Existing rights not impaired. Nothing in this chapter shall authorize the impairment or operate to impair any existing water rights. [1989 c 429 § 9.] 90.38.902 Chapter 90.40 Chapter 90.40 RCW WATER RIGHTS OF UNITED STATES Sections 90.40.010 90.40.020 90.40.030 90.40.040 90.40.050 90.40.060 90.40.070 90.40.080 90.40.090 90.40.100 Eminent domain by the United States. Right to use water courses. Notice and certificate, effect of. Appropriation of water—Title to beds and shores. Reservation of needed lands—Procedure. Restrictions on sale of state lands within project. Federal water users’ association—Exemption from fees. Federal water users’ association—Records by county auditor. Permit for Grand Coulee project. Columbia Basin Project—Water appropriated pursuant to RCW 90.40.030—Periodic renewal not required. 90.40.010 Eminent domain by the United States. The United States is hereby granted the right to exercise the power of eminent domain to acquire the right to the use of any water, to acquire or extinguish any rights, and to acquire any lands or other property, for the construction, operation, repairs to, maintenance or control of any plant or system of works for the storage, conveyance, or use of water for irrigation purposes, and whether such water, rights, lands or other property so to be acquired belong to any private party, association, corporation or to the state of Washington, or any municipality thereof; and such power of eminent domain shall be exercised under and by the same procedure as now is or may be hereafter provided by the law of this state for the exercise of the right of eminent domain by ordinary railroad corporations, except that the United States may exercise such right in the proper court of the United States as well as the proper state court. [1905 c 88 § 1; RRS § 7408.] 90.40.010 Condemnation by corporations: Chapter 8.20 RCW. Eminent domain, railroads—Corporate powers and duties: RCW 81.36.010. Special railroad eminent domain proceedings: RCW 8.20.140, 28B.20.330, 81.36.020, 81.36.060, 81.53.180. 90.40.020 Right to use water courses. The United States shall have the right to turn into any natural or artificial water course, any water that it may have acquired the right to store, divert, or store and divert, and may again divert and reclaim said waters from said water course for irrigation purposes subject to existing rights. [1905 c 88 § 2; RRS § 7409.] 90.40.020 90.40.030 Notice and certificate, effect of. Whenever the secretary of the interior of the United States, or any officer of the United States duly authorized, shall notify the commissioner of public lands of this state that pursuant to the provisions of the act of congress approved June 17, 1902, entitled, "An act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands," or any amendment of said act or substitute therefor, the United States intends to make examinations or surveys for the utilization of certain specified waters, the waters so described shall not thereafter be subject to appropriation under any law of this state for a period of one year from and after the date of the receipt of such notice by such commis90.40.030 [Title 90 RCW—page 41] 90.40.040 Title 90 RCW: Water Rights—Environment sioner of public lands; but such notice shall not in any wise affect the appropriation of any water theretofore in good faith initiated under any law of this state, but such appropriation may be completed in accordance with the law in the same manner and to the same extent as though such notice had not been given. No adverse claim to any of such waters initiated subsequent to the receipt by the commissioner of public lands of such notice shall be recognized, under the laws of this state, except as to such amount of the waters described in such notice or certificate hereinafter provided as may be formally released in writing by a duly authorized officer of the United States. If the said secretary of the interior or other duly authorized officer of the United States shall, before the expiration of said period of one year, certify in writing to the said commissioner of public lands that the project contemplated in such notice appears to be feasible and that the investigation will be made in detail, the waters specified in such notice shall not be subject to appropriation under any law of this state for the further period of three years following the date of receipt of such certificate, and such further time as the commissioner of public lands may grant, upon application of the United States or some one of its authorized officers and notice thereof first published once in each week for four consecutive weeks in a newspaper published in the county where the works for the utilization of such waters are to be constructed, and if such works are to be in or extend into two or more counties, then for the same period in a newspaper in each of such counties: PROVIDED, That in case such certificate shall not be filed with said commissioner of public lands within the period of one year herein limited therefor the waters specified in such notice shall, after the expiration of said period of one year, become unaffected by such notice and subject to appropriation as they would have been had such notice never been given: AND PROVIDED FURTHER, That in case such certificate be filed within said one year and the United States does not authorize the construction of works for the utilization of such waters within said three years after the filing of said certificate, then the waters specified in such notice and certificate shall, after the expiration of said last named period of three years, become unaffected by such notice or certificate and subject to appropriation as they would have been had such notice never been given and such certificate never filed. [1905 c 88 § 3; RRS § 7410.] Reviser’s note: This section refers to the "commissioner of public lands" in several instances. Note that a later act, the 1917 Water Code, in section 27 (RCW 90.03.250) states in part: "PROVIDED, FURTHER, That nothing in this act contained shall be deemed to affect chapter 88 of the Laws of 1905 except that the notice and certificate therein provided for in section 3 thereof shall be addressed to the state hydraulic engineer after the passage of this act, and the state hydraulic engineer shall exercise the powers and perform the duties prescribed by said section 3." Chapter 88, Laws of 1905 referred to in the above quotation is the instant chapter and "section 3" is the instant section. The language "this act" in the above quotation refers to the 1917 Water Code codified as chapter 90.03 RCW. The "state hydraulic engineer" referred to in the quotation has been changed throughout the remainder of this title because of the devolution of the powers and duties to "supervisor of water resources", see note following the title digest. Thus, the language "commissioner of public lands" is retained in the instant section and in RCW 90.40.050 and 90.40.060 because while some of the duties have been transferred to the hydraulic engineer thence to the supervisor of water resources not all of such duties prescribed in this chapter have so devolved. [Title 90 RCW—page 42] 90.40.040 90.40.040 Appropriation of water—Title to beds and shores. Whenever said secretary of the interior or other duly authorized officer of the United States shall cause to be let a contract for the construction of any irrigation works or any works for the storage of water for use in irrigation, or any portion or section thereof, for which the withdrawal has been effected as provided in RCW 90.40.030, any authorized officer of the United States, either in the name of the United States or in such name as may be determined by the secretary of the interior, may appropriate, in behalf of the United States, so much of the unappropriated waters of the state as may be required for the project, or projects, for which water has been withdrawn or reserved under RCW 90.40.030, including any and all divisions thereof, theretofore constructed, in whole or in part, by the United States or proposed to be thereafter constructed by the United States, such appropriation to be made, maintained and perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association, except that the date of priority as to all rights under such appropriation in behalf of the United States shall relate back to the date of the first withdrawal or reservation of the waters so appropriated, and in case of filings on water previously withdrawn under RCW 90.40.030, no payment of fees will be required. Such appropriation by or on behalf of the United States shall inure to the United States, and its successors in interest, in the same manner and to the same extent as though said appropriation had been made by a private person, corporation or association. The title to the beds and shores of any navigable lake or stream utilized by the construction of any reservoir or other irrigation works created or constructed as a part of such appropriation hereinbefore in this section provided for, shall vest in the United States to the extent necessary for the maintenance, operation and control of such reservoir or other irrigation works. [1929 c 95 § 1; 1905 c 88 § 4; RRS § 7411.] 90.40.050 90.40.050 Reservation of needed lands—Procedure. When the notice provided for in RCW 90.40.030 shall be given to the commissioner of public lands the proper officers of the United States may file with the said commissioner a list of lands (including in the term "lands" as here used, the beds and shores of any lake, river, stream, or other waters) owned by the state, over or upon which the United States may require rights-of-way for canals, ditches or laterals or sites for reservoirs and structures therefor or appurtenant thereto, or such additional rights-of-way and quantity of land as may be required for the operation and maintenance of the completed works for the irrigation project contemplated in such notice, and the filing of such list shall constitute a reservation from the sale or other disposal by the state of such lands so described, which reservation shall, upon the completion of such works and upon the United States by its proper officers filing with the commissioner of public lands of the state a description of such lands by metes and bounds or other definite description, ripen into a grant from the state to the United States. The state, in the disposal of lands granted from the United States to the state, shall reserve for the United States rights-of-way for ditches, canals, laterals, telephone and transmission lines which may be required by the United (2008 Ed.) Water Resource Management States for the construction, operation and maintenance of irrigation works. [1905 c 88 § 5; RRS § 7412.] Reviser’s note: See note following RCW 90.40.030. 90.40.060 Restrictions on sale of state lands within project. After the receipt by the commissioner of public lands of the notice from the secretary of the interior or other officer of the United States provided for in RCW 90.40.030, no lands belonging to the state, susceptible of irrigation and within the area to be irrigated from the works projected by the United States and specified in such notice shall be sold except in conformity to the classification of farm units by the United States, and the title to such lands shall not pass from the state until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued: PROVIDED, That the restrictions upon the sale or other disposal by the state of any state lands provided for in this section shall continue for the same periods, respectively, and upon the same conditions, as specified in RCW 90.40.030 for the withdrawal of waters from appropriation: AND PROVIDED FURTHER, That in case the authorization by the United States for the construction of irrigation works pursuant to RCW 90.40.030 shall be made within the period of three years specified therefor in said section, then the restrictions upon and conditions prescribed for the sale or other disposal of said lands in this section shall continue so long as any such lands shall remain unsold or not disposed of. [1905 c 88 § 6; RRS § 7413.] 90.40.060 Reviser’s note: See note following RCW 90.40.030. 90.40.070 Federal water users’ association—Exemption from fees. Any water users’ association which is organized in conformity with the requirements of the United States under said act of congress, and which under its articles of incorporation is authorized to furnish water only to its stockholders, shall be exempt from the payment of any incorporation tax, and from the payment of any annual franchise tax; but shall be required to pay, as preliminary to its incorporation, only a fee of twenty dollars for the filing and recording of its articles of incorporation and the issuance of certificates of incorporation. Whenever, with the consent of the secretary of the interior of the United States, the stockholders of any such association shall adopt any other form of organization to manage the affairs of such reclamation project in connection with which any such water users’ association has been organized, such association may dissolve or disincorporate itself by the procedure and subject to the laws relating to the disincorporation of corporations in this state when such dissolution is authorized by a vote of two-thirds of all the stockholders represented at a meeting of the stockholders called for such purpose. [1919 c 42 § 1; 1905 c 88 § 7; RRS § 7414.] 90.40.070 90.42.005 requirements of the United States under said act of congress, and to use such books for recording stock subscriptions of such associations; and the charges for the recording thereof shall be made on the basis of the number of words actually written therein and not for the printed form. [1905 c 88 § 8; RRS § 7415.] 90.40.090 Permit for Grand Coulee project. An application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to appropriate waters of the Columbia River under chapter 90.03 RCW, for the development of the Grand Coulee project shall be perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association, but no fees, as provided for in RCW 90.03.470, shall be required. [1988 c 127 § 83; 1933 ex.s. c 13 § 4; RRS § 7399-1, pocket part.] 90.40.090 Severability—1933 ex.s. c 13: "The adjudication of invalidity of any section, clause, or part of a section of this act, shall not impair or otherwise affect the validity of the act as a whole or any part thereof." [1933 ex.s. c 13 § 6; RRS § 7399-2.] 90.40.100 Columbia Basin Project—Water appropriated pursuant to RCW 90.40.030—Periodic renewal not required. Any water withdrawn from appropriation pursuant to RCW 90.40.030 associated with the Columbia Basin Project shall continue as withdrawn from appropriation, without need for periodic renewal, until the project is declared completed or abandoned by the United States acting by and through the secretary of the interior or such other duly authorized officer of the United States. [1987 c 491 § 1.] 90.40.100 Chapter 90.42 Chapter 90.42 RCW WATER RESOURCE MANAGEMENT Sections 90.42.005 90.42.010 90.42.020 90.42.030 90.42.040 90.42.050 90.42.060 90.42.070 90.42.080 90.42.090 90.42.100 90.42.110 90.42.120 90.42.130 90.42.135 90.42.138 90.42.900 Policy—Findings. Findings—Intent. Definitions. Contracts to finance water conservation projects—Public benefits—Trust water rights. Trust water rights program—Water right certificate—Notice of creation or modification. Guidelines governing trust water rights—Submission of guidelines to joint select committee. Chapter 43.83B or 43.99E RCW not replaced or amended. Involuntary impairment of existing water rights not authorized. Trust water rights—Acquisition, donation, exercise, and transfer—Appropriation required for expenditure of funds. Jurisdictional authorities not altered. Water banking. Water banking—Application to transfer water rights. Water banking—Transfer of water rights—Requirements— Appeals. Water banking—Input from affected entities—Reports. Limitations of act—2003 c 144. Construction—2003 c 144. Severability—1991 c 347. Corporations and associations (nonprofit): Title 24 RCW. 90.42.005 Policy—Findings. (1) It is the policy of the state of Washington to recognize and preserve water rights in accordance with RCW 90.03.010. (2) The legislature finds that: (a) The state of Washington is faced with a shortage of water with which to meet existing and future needs, particu90.42.005 90.40.080 Federal water users’ association—Records by county auditor. It shall be the duty of the county auditor to provide record books containing printed forms of the articles of incorporation and stock subscriptions to the stock of water users’ associations organized in conformity with the 90.40.080 (2008 Ed.) [Title 90 RCW—page 43] 90.42.010 Title 90 RCW: Water Rights—Environment larly during the summer and fall months and in dry years when the demand is greatest; (b) Consistent with RCW 90.54.180, issuance of new water rights, voluntary water transfers, and conservation and water use efficiency programs, including storage, all are acceptable methods of addressing water uses because they can relieve current critical water situations, provide for presently unmet needs, and assist in meeting future water needs. Presently unmet needs or current needs includes the water required to increase the frequency of occurrence of base or minimum flow levels in streams of the state, the water necessary to satisfy existing water rights, or the water necessary to provide full supplies to existing water systems with current supply deficiencies; (c) The interests of the state and its citizens will be served by developing programs and regional water resource plans, in cooperation with local governments, federally recognized tribal governments, appropriate federal agencies, private citizens, and the various water users and water interests in the state, that increase the overall ability to manage the state’s waters in order to resolve conflicts and to better satisfy both present and future needs for water; and (d) Water banking as a function of the trust water [rights] program and as authorized by this chapter can provide an effective means to facilitate the voluntary transfer of water rights established through conservation, purchase, lease, or donation, to preserve water rights and provide water for presently unmet and future needs; and to achieve a variety of water resource management objectives throughout the state, including drought response, improving streamflows on a voluntary basis, providing water mitigation, or reserving water supply for future uses. [2003 c 144 § 1; 1991 c 347 § 1.] Effective date—2003 c 144: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2003]." [2003 c 144 § 8.] Purposes—1991 c 347: "The purposes of this act are to: (1) Improve the ability of the state to work with the United States, local governments, federally recognized tribal governments, water right holders, water users, and various water interests in water conservation and water use efficiency programs designed to satisfy existing rights, presently unmet needs, and future needs, both instream and out-of-stream; (2) Establish new incentives, enhance existing incentives, and remove disincentives for efficient water use; (3) Establish improved means to disseminate information to the public and provide technical assistance regarding ways to improve the efficiency of water use; (4) Create a trust water rights mechanism for the acquisition of water rights on a voluntary basis to be used to meet presently unmet needs and future needs; (5) Prohibit the sale of nonconforming plumbing fixtures and require the marking and labeling of fixtures meeting state standards; (6) Reduce tax disincentives to water conservation, reuse, and improved water use efficiency; and (7) Add achievement of water conservation as a factor to be considered by water supply utilities in setting water rates." [1991 c 347 § 2.] 90.42.010 Findings—Intent. The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon. It is the intent of the legislature that 90.42.010 [Title 90 RCW—page 44] persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter. [1998 c 245 § 173. Prior: 1993 sp.s. c 4 § 14; 1993 c 98 § 1; 1991 c 347 § 5.] Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600. Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of ecology. (2) "Net water savings" means the amount of water that is determined to be conserved and usable within a specified stream reach or reaches for other purposes without impairment or detriment to water rights existing at the time that a water conservation project is undertaken, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other existing water uses. (3) "Trust water right" means any water right acquired by the state under this chapter for management in the state’s trust water rights program. (4) "Pilot planning areas" means the geographic areas designated under RCW 90.54.045(2). (5) "Water conservation project" means any project or program that achieves physical or operational improvements that provide for increased water use efficiency in existing systems of diversion, conveyance, application, or use of water under water rights existing on July 28, 1991. [1991 c 347 § 6.] 90.42.020 Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.030 Contracts to finance water conservation projects—Public benefits—Trust water rights. (1) For purposes of this chapter, the state may enter into contracts to provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance provided, the state shall obtain public benefits defined in guidelines developed under RCW 90.42.050. (2) If the public benefits to be obtained require conveyance or modification of a water right, the recipient of funds shall convey to the state the recipient’s interest in that part of the water right or claim constituting all or a portion of the resulting net water savings for deposit in the trust water rights program. The amount to be conveyed shall be finitely determined by the parties, in accordance with the guidelines developed under RCW 90.42.050, before the expenditure of state funds. Conveyance may consist of complete transfer, lease contracts, or other legally binding agreements. When negotiating for the acquisition of conserved water or net water savings, or a portion thereof, the state may require evidence of a valid water right. (3) As part of the contract, the water right holder and the state shall specify the process to determine the amount of water the water right holder would continue to be entitled to once the water conservation project is in place. (4) The state shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds. 90.42.030 (2008 Ed.) Water Resource Management (5) If water is proposed to be acquired by or conveyed to the state as a trust water right by an irrigation district, evidence of the district’s authority to represent the water right holders shall be submitted to and for the satisfaction of the department. (6) The state shall not contract with any person to acquire a water right served by an irrigation district without the approval of the board of directors of the irrigation district. Disapproval by a board shall be factually based on probable adverse effects on the ability of the district to deliver water to other members or on maintenance of the financial integrity of the district. [1993 c 98 § 2; 1991 c 347 § 7.] Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.040 Trust water rights program—Water right certificate—Notice of creation or modification. (1) All trust water rights acquired by the state shall be placed in the state trust water rights program to be managed by the department. Trust water rights acquired by the state shall be held or authorized for use by the department for instream flows, irrigation, municipal, or other beneficial uses consistent with applicable regional plans for pilot planning areas, or to resolve critical water supply problems. To the extent practicable and subject to legislative appropriation, trust water rights acquired in an area with an approved watershed plan developed under chapter 90.82 RCW shall be consistent with that plan if the plan calls for such acquisition. (2) The department shall issue a water right certificate in the name of the state of Washington for each permanent trust water right conveyed to the state indicating the reach or reaches of the stream, the quantity, and the use or uses to which it may be applied. A superseding certificate shall be issued that specifies the amount of water the water right holder would continue to be entitled to as a result of the water conservation project. The superseding certificate shall retain the same priority date as the original right. For nonpermanent conveyances, the department shall issue certificates or such other instruments as are necessary to reflect the changes in purpose or place of use or point of diversion or withdrawal. (3) A trust water right retains the same priority date as the water right from which it originated, but as between them the trust right shall be deemed to be inferior in priority unless otherwise specified by an agreement between the state and the party holding the original right. (4) Exercise of a trust water right may be authorized only if the department first determines that neither water rights existing at the time the trust water right is established, nor the public interest will be impaired. If impairment becomes apparent during the time a trust water right is being exercised, the department shall cease or modify the use of the trust water right to eliminate the impairment. (5) Before any trust water right is created or modified, the department shall, at a minimum, require that a notice be published in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in other newspapers as the department determines is necessary, once a week for two consecutive weeks. At the same time the department shall send a notice containing pertinent information to all appropriate state agencies, potentially affected local governments and 90.42.040 (2008 Ed.) 90.42.050 federally recognized tribal governments, and other interested parties. (6) RCW 90.14.140 through 90.14.230 have no applicability to trust water rights held by the department under this chapter or exercised under this section. (7) RCW 90.03.380 has no applicability to trust water rights acquired by the state through the funding of water conservation projects. (8) Subsections (4) and (5) of this section do not apply to a trust water right resulting from a donation for instream flows described in RCW 90.42.080(1)(b) or to a trust water right leased under RCW 90.42.080(8) if the period of the lease does not exceed five years. However, the department shall provide the notice described in subsection (5) of this section the first time the trust water right resulting from the donation is exercised. (9) Where a portion of an existing water right that is acquired or donated to the trust water rights program will assist in achieving established instream flows, the department shall process the change or amendment of the existing right without conducting a review of the extent and validity of the portion of the water right that will remain with the water right holder. [2002 c 329 § 8; 2001 c 237 § 30; 1993 c 98 § 3; 1991 c 347 § 8.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.050 Guidelines governing trust water rights— Submission of guidelines to joint select committee. The department, in cooperation with federally recognized Indian tribes, local governments, state agencies, and other interested parties, shall establish guidelines by July 1, 1992, governing the acquisition, administration, and management of trust water rights. The guidelines shall address at a minimum the following: (1) Methods for determining the net water savings resulting from water conservation projects or programs carried out in accordance with this chapter, and other factors to be considered in determining the quantity or value of water available for potential designation as a trust water right; (2) Criteria for determining the portion of net water savings to be conveyed to the state under this chapter; (3) Criteria for prioritizing water conservation projects; (4) A description of potential public benefits that will affect consideration for state financial assistance in RCW 90.42.030; (5) Procedures for providing notification to potentially interested parties; (6) Criteria for the assignment of uses of trust water rights acquired in areas of the state not addressed in a regional water resource plan or critical area agreement; and (7) Contracting procedures and other procedures not specifically addressed in this section. These guidelines shall be submitted to the joint select committee on water resource policy before adoption. [1991 c 347 § 9.] 90.42.050 Purposes—1991 c 347: See note following RCW 90.42.005. [Title 90 RCW—page 45] 90.42.060 Title 90 RCW: Water Rights—Environment 90.42.060 Chapter 43.83B or 43.99E RCW not replaced or amended. The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B or 43.99E RCW may be used. [1991 c 347 § 10.] 90.42.060 Purposes—1991 c 347: See notes following RCW 90.42.005. 90.42.070 Involuntary impairment of existing water rights not authorized. Nothing in this chapter authorizes the involuntary impairment of any existing water rights. [1991 c 347 § 11.] 90.42.070 Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.080 Trust water rights—Acquisition, donation, exercise, and transfer—Appropriation required for expenditure of funds. (1)(a) The state may acquire all or portions of existing water rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. A water right acquired by the state that is expressly conditioned to limit its use to instream purposes shall be administered as a trust water right in compliance with that condition. (b) If the holder of a right to water from a body of water chooses to donate all or a portion of the person’s water right to the trust water system to assist in providing instream flows on a temporary or permanent basis, the department shall accept the donation on such terms as the person may prescribe as long as the donation satisfies the requirements of subsection (4) of this section and the other applicable requirements of this chapter and the terms prescribed are relevant and material to protecting any interest in the water right retained by the donor. Once accepted, such rights are trust water rights within the conditions prescribed by the donor. (2) The department may enter into leases, contracts, or such other arrangements with other persons or entities as appropriate, to ensure that trust water rights acquired in accordance with this chapter may be exercised to the fullest possible extent. (3) Trust water rights may be acquired by the state on a temporary or permanent basis. (4) A water right donated under subsection (1)(b) of this section shall not exceed the extent to which the water right was exercised during the five years before the donation nor may the total of any portion of the water right remaining with the donor plus the donated portion of the water right exceed the extent to which the water right was exercised during the five years before the donation. A water right holder who believes his or her water right has been impaired by a trust water right donated under subsection (1)(b) of this section may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the donation or exercising a portion of that trust water right donated under subsection (1)(b) of this section is impairing existing water rights in violation of RCW 90.42.070, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not to alter a trust water right donated under subsection (1)(b) of this section is appealable 90.42.080 [Title 90 RCW—page 46] to the pollution control hearings board under RCW 43.21B.230. A donated water right’s status as a trust water right under this subsection is not evidence of the validity or quantity of the water right. (5) The provisions of RCW 90.03.380 and 90.03.390 do not apply to donations for instream flows described in subsection (1)(b) of this section, but do apply to other transfers of water rights under this section. (6) No funds may be expended for the purchase of water rights by the state pursuant to this section unless specifically appropriated for this purpose by the legislature. (7) Any water right conveyed to the trust water right system as a gift that is expressly conditioned to limit its use to instream purposes shall be managed by the department for public purposes to ensure that it qualifies as a gift that is deductible for federal income taxation purposes for the person or entity conveying the water right. (8) If the department acquires a trust water right by lease, the amount of the trust water right shall not exceed the extent to which the water right was exercised during the five years before the acquisition was made nor may the total of any portion of the water right remaining with the original water right holder plus the portion of the water right leased by the department exceed the extent to which the water right was exercised during the five years before the acquisition. A water right holder who believes his or her water right has been impaired by a trust water right leased under this subsection may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the leasing or exercising of a portion of that trust water right leased under this subsection is impairing existing water rights in violation of RCW 90.42.070, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not to alter a trust water right leased under this subsection is appealable to the pollution control hearings board under RCW 43.21B.230. The department’s leasing of a trust water right under this subsection is not evidence of the validity or quantity of the water right. (9) For a water right donated to or acquired by the trust water rights program on a temporary basis, the full quantity of water diverted or withdrawn to exercise the right before the donation or acquisition shall be placed in the trust water rights program and shall revert to the donor or person from whom it was acquired when the trust period ends. [2002 c 329 § 9; 2001 c 237 § 31; 1993 c 98 § 4; 1991 c 347 § 12.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.090 Jurisdictional authorities not altered. It is the intent of the legislature that jurisdictional authorities that exist in law not be expanded, diminished, or altered in any manner whatsoever by this chapter. [1991 c 347 § 13.] 90.42.090 Purposes—1991 c 347: See note following RCW 90.42.005. 90.42.100 Water banking. (1) The department is hereby authorized to use the trust water rights program in the Yakima river basin for water banking purposes. 90.42.100 (2008 Ed.) Water Resource Management (2) Water banking may be used for one or more of the following purposes: (a) To authorize the use of trust water rights to mitigate for water resource impacts, future water supply needs, or any beneficial use under chapter 90.03, 90.44, or 90.54 RCW, consistent with any terms and conditions established by the transferor, except that return flows from water rights authorized in whole or in part for any purpose shall remain available as part of the Yakima basin’s total water supply available and to satisfy existing rights for other downstream uses and users; (b) To document transfers of water rights to and from the trust water rights program; and (c) To provide a source of water rights the department can make available to third parties on a temporary or permanent basis for any beneficial use under chapter 90.03, 90.44, or 90.54 RCW. (3) The department shall not use water banking to: (a) Cause detriment or injury to existing rights; (b) Issue temporary water rights or portions thereof for new potable uses requiring an adequate and reliable water supply under RCW 19.27.097; (c) Administer federal project water rights, including federal storage rights; or (d) Allow carryover of stored water from one water year to another water year. (4) For purposes of this section and RCW 90.42.135, "total water supply available" shall be defined as provided in the 1945 consent decree between the United States and water users in the Yakima river basin, and consistent with later interpretation by state and federal courts. [2003 c 144 § 2.] Effective date—2003 c 144: See note following RCW 90.42.005. 90.42.110 90.42.110 Water banking—Application to transfer water rights. (1) The department, with the consent of the water right holder, may identify trust water rights for administration for water banking purposes, including trust water rights established before May 7, 2003. (2) An application to transfer a water right to the trust water [rights] program shall be reviewed under RCW 90.03.380 at the time the water right is transferred to the trust water [rights] program for administration for water banking purposes, and notice of the application shall be published by the applicant as provided under RCW 90.03.280. The application must indicate the reach or reaches of the stream where the trust water right will be established before the transfer of the water right or portion thereof from the trust water [rights] program, and identify reasonably foreseeable future temporary or permanent beneficial uses for which the water right or portion thereof may be used by a third party upon transfer from the trust water right[s] program. In the event the future place of use, period of use, or other elements of the water right are not specifically identified at the time of the transfer into the trust water [rights] program, another review under RCW 90.03.380 will be necessary at the time of a proposed transfer from the trust water [rights] program. [2003 c 144 § 3.] Effective date—2003 c 144: See note following RCW 90.42.005. (2008 Ed.) 90.42.130 90.42.120 Water banking—Transfer of water rights—Requirements—Appeals. (1) The department shall transfer a water right or portion thereof being administered for water banking purposes from the trust water [rights] program to a third party upon occurrence of all of the following: (a) The department receives a request for transfer of a water right or portion thereof currently administered by the department for water banking purposes; (b) The request is consistent with any previous review under RCW 90.03.380 of the water right and future temporary or permanent beneficial uses; (c) The request is consistent with any condition, limitation, or agreement affecting the water right, including but not limited to any trust water right transfer agreement executed at the time the water right was transferred to the trust water rights program; and (d) The request is accompanied by and is consistent with an assignment of interest or portion thereof from a person or entity retaining an interest in the trust water right or portion thereof to the party requesting transfer of the water right or portion thereof. (2) The priority date of the water right or portion thereof transferred by the department from the trust water [rights] program for water banking purposes shall be the priority date of the underlying water right. (3) The department shall issue documentation for that water right or portion thereof to the new water right holder based on the requirements applicable to the transfer of other water rights from the trust water rights program. Such documentation shall include a description of the property to which the water right will be appurtenant after the water right or portion thereof is transferred from the trust water [rights] program to a third party. (4) The department’s decision on the transfer of a water right or portion thereof from the trust water [rights] program for water banking purposes may be appealed to the pollution control hearings board under RCW 43.21B.230, or to a superior court conducting a general adjudication under RCW 90.03.210. [2003 c 144 § 4.] 90.42.120 Effective date—2003 c 144: See note following RCW 90.42.005. 90.42.130 Water banking—Input from affected entities—Reports. (1) The department shall seek input from agricultural organizations, federal agencies, tribal governments, local governments, watershed groups, conservation groups, and developers on water banking, including water banking procedures and identification of areas in Washington state where water banking could assist in providing water supplies for instream and out-of-stream uses. The department shall summarize any comments received on water banking and submit a report, including any recommendations, to the appropriate committees of the legislature for their consideration in the subsequent legislative session. (2) By December 31st of every even-numbered year, the department shall submit a report to the appropriate committees of the legislature on water banking activities authorized under RCW 90.42.100. The report shall: (a) Evaluate the effectiveness of water banking in meeting the policies and objectives of this chapter; (b) Describe any statutory, regulatory, or other impediments to water banking in other areas of the state; and 90.42.130 [Title 90 RCW—page 47] 90.42.135 Title 90 RCW: Water Rights—Environment (c) Identify other basins or regions that may benefit from authorization for the department to use the trust water [rights] program for water banking purposes. [2003 c 144 § 5.] held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 347 § 30.] Effective date—2003 c 144: See note following RCW 90.42.005. Chapter 90.44 RCW REGULATION OF PUBLIC GROUNDWATERS Chapter 90.44 90.42.135 Limitations of act—2003 c 144. Nothing in chapter 144, Laws of 2003 shall: (1) Cause detriment or injury to existing rights or to the operation of the federal Yakima project to provide water for irrigation purposes, existing water supply contracts, or existing water rights; (2) Diminish in any way existing rights or the total water supply available for irrigation and other purposes in the Yakima basin; (3) Affect or modify the authority of a court conducting a general adjudication pursuant to RCW 90.03.210; or (4) Affect or modify the rights of any person or entity under a water rights adjudication or under any order of the court conducting a water rights adjudication. [2003 c 144 § 6.] 90.42.135 Effective date—2003 c 144: See note following RCW 90.42.005. 90.42.138 Construction—2003 c 144. Nothing in chapter 144, Laws of 2003 may be construed to: (1) Affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under state or federal law; (2) Affect or modify the rights or jurisdictions of the United States, the state of Washington, the Yakama Nation, or other person or entity over waters of any river or stream or over any groundwater resource; (3) Alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the states; (4) Alter, establish, or impair the respective rights of states, the United States, the Yakama Nation, or any other person or entity with respect to any water or water-related right; (5) Alter, diminish, or abridge the rights and obligations of any federal, state, or local agency, the Yakama Nation, or other person or entity; (6) Affect or modify the rights of the Yakama Indian Nation or its successors in interest to, and management and regulation of, those water resources arising or used, within the external boundaries of the Yakama Indian Reservation; (7) Affect or modify the settlement agreement between the United States and the state of Washington filed in Yakima county superior court with regard to federal reserved water rights other than those rights reserved by the United States for the benefit of the Yakama Indian Nation and its members; or (8) Affect or modify the rights of any federal, state, or local agency, the Yakama Nation, or any other person or entity, public or private, with respect to any unresolved and unsettled claims in any water right adjudications, or court decisions, including State v. Acquavella, or constitute evidence in any such proceeding in which any water or waterrelated right is adjudicated. [2003 c 144 § 7.] 90.42.138 Effective date—2003 c 144: See note following RCW 90.42.005. 90.42.900 Severability—1991 c 347. If any provision of this act or its application to any person or circumstance is 90.42.900 [Title 90 RCW—page 48] Sections 90.44.020 90.44.030 90.44.035 90.44.040 90.44.050 90.44.052 90.44.055 90.44.060 90.44.062 90.44.070 90.44.080 90.44.090 90.44.100 90.44.105 90.44.110 90.44.120 90.44.130 90.44.180 90.44.200 90.44.220 90.44.230 90.44.250 90.44.400 90.44.410 90.44.420 90.44.430 90.44.440 90.44.445 90.44.450 90.44.460 90.44.500 90.44.510 90.44.520 Purpose of chapter. Chapter not to affect surface water rights. Definitions. Public groundwaters subject to appropriation. Permit to withdraw. Whitman county clustered residential developments pilot project—Exemption from permit requirements—Reports. Applications for water right or amendment—Consideration of water impoundment or other resource management technique. Laws governing withdrawal. Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable. Limitations on granting permit. Certificate—Showing required. Certificate of vested rights. Amendment to permit or certificate—Replacement or new additional wells—Exemption for small irrigation impoundments. Amendment to permit or certificate—Consolidation of rights for exempt wells. Waste of water prohibited—Exceptions. Penalty for waste or unauthorized use of water. Priorities as between appropriators—Department in charge of groundwater withdrawals—Establishment and modification of groundwater areas and depth zones—Declarations by claimant of artificially stored water. Hearing to adjust supply to current needs. Water supervisors—Duties—Compensation. Proceedings to determine rights to water. Effect of findings and judgment. Investigations—Reports of appropriators. Groundwater management areas—Purpose—Standards— Identification—Designation. Requirements for groundwater management programs— Review of programs. Groundwater management programs—Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and programs. Groundwater management programs—Guidance to local governments and certain departments. Existing rights not affected. Acreage expansion program—Authorization—Certification. Metering or measuring groundwater withdrawals—Reports. Reservoir permits. Civil penalties. Superseding water right permit or certificate—Water delivered from federal Columbia basin project. Odessa groundwater subarea—Involuntary nonuse of water rights—Conditions—Notice—Report to the legislature. Aquifer protection areas: Chapter 36.36 RCW. 90.44.020 Purpose of chapter. This chapter regulating and controlling groundwaters of the state of Washington shall be supplemental to chapter 90.03 RCW, which regulates the surface waters of the state, and is enacted for the purpose of extending the application of such surface water statutes to the appropriation and beneficial use of groundwaters within the state. [1945 c 263 § 1; Rem. Supp. 1945 § 7400-1.] 90.44.020 90.44.030 Chapter not to affect surface water rights. The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be affected or impaired by any of the provisions of this supplementary chapter and, to the extent that any underground water is part of or tributary to the source of any 90.44.030 (2008 Ed.) Regulation of Public Groundwaters surface stream or lake, or that the withdrawal of groundwater may affect the flow of any spring, water course, lake, or other body of surface water, the right of an appropriator and owner of surface water shall be superior to any subsequent right hereby authorized to be acquired in or to groundwater. [1945 c 263 § 2; Rem. Supp. 1945 § 7400-2.] 90.44.035 Definitions. For purposes of this chapter: (1) "Department" means the department of ecology; (2) "Director" means the director of ecology; (3) "Groundwaters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural groundwater and artificially stored groundwater; (4) "Natural groundwater" means water that exists in underground storage owing wholly to natural processes; (5) "Artificially stored groundwater" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural processes; and (6) "Underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a groundwater subarea is established. [2000 c 98 § 2; 1987 c 109 § 107; 1973 c 94 § 2; 1945 c 263 § 3; RRS § 74003. Formerly RCW 90.44.010.] 90.44.035 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Purpose—1973 c 94: "It is the purpose of this 1973 amendatory act to state as well as reaffirm the intent of the legislature that "groundwaters," as defined in chapter 263, Laws of 1945, means all waters within the state existing beneath the land surface, and to remove any possible ambiguity which may exist as a result of the dissenting opinion in State v. Ponten, 77 Wn.2d 463 (1969), or otherwise, with regard to the meaning of "groundwaters" in the present wording of RCW 90.44.035. The definition set forth in section 2 of this 1973 amendatory act accords with the interpretation given by all of the various administrative agencies having responsibility for administration of the act since its enactment in 1945." [1973 c 94 § 1.] This applies to the amendment to RCW 90.44.035 by 1973 c 94 § 2. 90.44.040 Public groundwaters subject to appropriation. Subject to existing rights, all natural groundwaters of the state as defined in RCW 90.44.035, also all artificial groundwaters that have been abandoned or forfeited, are hereby declared to be public groundwaters and to belong to the public and to be subject to appropriation for beneficial use 90.44.040 (2008 Ed.) 90.44.055 under the terms of this chapter and not otherwise. [1945 c 263 § 4; Rem. Supp. 1945 § 7400-4.] 90.44.050 Permit to withdraw. After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public groundwaters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of groundwaters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day. [2003 c 307 § 1; 1987 c 109 § 108; 1947 c 122 § 1; 1945 c 263 § 5; Rem. Supp. 1947 § 7400-5.] 90.44.050 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.052 Whitman county clustered residential developments pilot project—Exemption from permit requirements—Reports. (1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources in the county and report to the legislature by December 31st of each even-numbered year through 2016 regarding its review. (2) For the pilot project, the domestic use of water for a clustered residential development is exempt from the permit requirements of RCW 90.44.050 for an amount of water that is not more than one thousand two hundred gallons a day per residence for a residential development that has an overall density equal to or less than one residence per ten acres and a minimum of six homes. (3) No new right to use water may be established for a clustered development under this section where the first residential use of water for the development begins after December 31, 2015. [2003 c 307 § 2.] 90.44.052 90.44.055 Applications for water right or amendment—Consideration of water impoundment or other resource management technique. The department shall, 90.44.055 [Title 90 RCW—page 49] 90.44.060 Title 90 RCW: Water Rights—Environment when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department’s consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of groundwater that may occur, as a means of making water available or otherwise offsetting the impact of the withdrawal of groundwater proposed in the application for the water right or amendment in the same water resource inventory area. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not be made by the department as a condition for approving an application that does not include such provision. This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise. [1997 c 360 § 3; 1996 c 306 § 2.] Findings—Purpose—1997 c 360: See note following RCW 90.03.255. the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of RCW 90.46.120 and do not apply to the use of agricultural industrial process water as provided under RCW 90.46.150. [2001 c 69 § 7; 1997 c 444 § 3.] Severability—1997 c 444: See note following RCW 90.46.010. 90.44.070 90.44.070 Limitations on granting permit. No permit shall be granted for the development or withdrawal of public groundwaters beyond the capacity of the underground bed or formation in the given basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, or within a reasonable or feasible reduction of pressure in the case of artesian developments. The department shall have the power to determine whether the granting of any such permit will injure or damage any vested or existing right or rights under prior permits and may in addition to the records of the department, require further evidence, proof, and testimony before granting or denying any such permits. [1987 c 109 § 110; 1945 c 263 § 7; Rem. Supp. 1945 § 7400-7.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.080 90.44.060 Laws governing withdrawal. Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, the provisions of which sections are hereby extended to govern and to apply to groundwater, or groundwater right certificates and to all permits that shall be issued pursuant to such applications, and the rights to the withdrawal of groundwater acquired thereby shall be governed by RCW 90.03.250 through 90.03.340, inclusive: PROVIDED, That each application to withdraw public groundwater by means of a well or wells shall set forth the following additional information: (1) the name and post office address of the applicant; (2) the name and post office address of the owner of the land on which such well or wells or works will be located; (3) the location of the proposed well or wells or other works for the proposed withdrawal; (4) the groundwater area, sub-area, or zone from which withdrawal is proposed, provided the department has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5) the amount of water proposed to be withdrawn, in gallons a minute and in acre feet a year, or millions of gallons a year; (6) the depth and type of construction proposed for the well or wells or other works: AND PROVIDED FURTHER, That any permit issued pursuant to an application for constructing a well or wells to withdraw public groundwater may specify an approved type and manner of construction for the purposes of preventing waste of said public waters and of conserving their head. [1987 c 109 § 109; 1945 c 263 § 6; Rem. Supp. 1945 § 7400-6.] 90.44.060 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.062 Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable. The permit requirements of RCW 90.44.060 do not apply to 90.44.062 [Title 90 RCW—page 50] 90.44.080 Certificate—Showing required. Upon a showing to the department that construction has been completed in compliance with the terms of any permit issued under the provisions of this chapter, it shall be the duty of the department to issue to the permittee a certificate of groundwater right stating that the appropriation has been perfected under such permit: PROVIDED, HOWEVER, That such showing shall include the following information: (1) the location of each well or other means of withdrawal constructed under the permit, both with respect to official land surveys and in terms of distance and direction to any preexisting well or wells or works constructed under an earlier permit or approved declaration of a vested right, provided the distance to such pre-existing well or works is not more than a quarter of a mile; (2) the depth and diameter of each well or the depth and general specifications of any other works constructed under the terms of the permit; (3) the thickness in feet and the physical character of each bed, stratum, or formation penetrated by each well; (4) the length and position, in feet below the land surface, and the commercial specifications of all casing, also of each screen or perforated zone in the casing of each well constructed; (5) the tested capacity of each well in gallons a minute, as determined by measuring the discharge of the pump or pumps after continuous operation for at least four hours or, in the case of a flowing well, by measuring the natural flow at the land surface; (6) for each nonflowing well, the depth to the static groundwater level as measured in feet below the land surface immediately before the well-capacity test herein provided, also the draw-down of the water level, in feet, at the end of said well-capacity test; (7) for each flowing well, the shut-in pressure measured in feet above the land surface or in pounds per square inch at the land surface; and (8) such additional factual information as reasonably may be required by the department to establish compliance with the terms of the permit and with the provisions of this chapter. (2008 Ed.) Regulation of Public Groundwaters The well driller or other constructor of works for the withdrawal of public groundwaters shall be obligated to furnish the permittee a certified record of the factual information necessary to show compliance with the provisions of this section. [1987 c 109 § 111; 1945 c 263 § 8; Rem. Supp. 1945 § 7400-8.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.090 90.44.090 Certificate of vested rights. Any person, firm or corporation claiming a vested right to withdraw public groundwaters of the state by virtue of prior beneficial use of such water shall, within three years after June 6, 1945, be entitled to receive from the department a certificate of groundwater right to that effect: PROVIDED, That the issuance by the department of any such certificate of vested right shall be contingent on a declaration by the claimant in a form prescribed by the department, which declaration shall set forth: (1) the beneficial use for which such withdrawal has been made; (2) the date or approximate date of the earliest beneficial use of the water so withdrawn, and the continuity of such beneficial use; (3) the amount of water claimed; (4) if the beneficial use has been for irrigation, the description of the land to which such water has been applied and the name of the owner thereof; and (5) so far as it may be available, descriptive information concerning each well or other works for the withdrawal of public groundwater, as required of original permittees under the provisions of RCW 90.44.080: PROVIDED, HOWEVER, That in case of failure to comply with the provisions of this section within the three years allotted, the claimant may apply to the department for a reasonable extension of time, which shall not exceed two additional years and which shall be granted only upon a showing of good cause for such failure. Each such declaration shall be certified, either on the basis of the personal knowledge of the declarant or on the basis of information and belief. With respect to each such declaration there shall be publication, and findings in the same manner as provided in RCW 90.44.060 in the case of an original application to appropriate water. If the department’s findings sustain the declaration, the department shall approve said declaration, which then shall be recorded at length with the department and may also be recorded in the office of the county auditor of the county within which the claimed withdrawal and beneficial use of public groundwater have been made. When duly approved and recorded as herein provided, each such declaration or copies thereof shall have the same force and effect as an original permit granted under the provisions of RCW 90.44.060, with a priority as of the date of the earliest beneficial use of the water. Declarations heretofore filed with the department in substantial compliance with the provisions of this section shall have the same force and effect as if filed after June 6, 1945. The same fees shall be collected by the department in the case of applications for the issuance of certificates of vested rights, as are required to be collected in the case of application for permits for withdrawal of groundwaters and for the issuance of certificates of groundwater withdrawal rights under this chapter. [1987 c 109 § 112; 1947 c 122 § 2; 1945 c 263 § 9; Rem. Supp. 1947 § 7400-9.] (2008 Ed.) 90.44.100 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.100 Amendment to permit or certificate— Replacement or new additional wells—Exemption for small irrigation impoundments. (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may, without losing the holder’s priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water. (2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall tap the same body of public groundwater as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit. (3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public groundwater as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3). (4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well. 90.44.100 [Title 90 RCW—page 51] 90.44.105 Title 90 RCW: Water Rights—Environment (5) The development and use of a small irrigation impoundment, as defined in RCW 90.03.370(8), does not constitute a change or amendment for the purposes of this section. The exemption expressly provided by this subsection shall not be construed as requiring an amendment of any existing water right to enable the holder of the right to store water governed by the right. [2003 c 329 § 3; 1997 c 316 § 2; 1987 c 109 § 113; 1945 c 263 § 10; Rem. Supp. 1945 § 740010.] Intent—1997 c 316: "The legislature intends that the holder of a valid permit or certificate of groundwater right be permitted by the department of ecology to amend a valid permit or certificate to allow full and complete development of the valid right by the construction of replacement or additional wells at the original location or new locations." [1997 c 316 § 1.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.105 90.44.105 Amendment to permit or certificate—Consolidation of rights for exempt wells. Upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may consolidate that right with a groundwater right exempt from the permit requirement under RCW 90.44.050, without affecting the priority of either of the water rights being consolidated. Such a consolidation amendment shall be issued only after publication of a notice of the application, a comment period, and a determination made by the department, in lieu of meeting the conditions required for an amendment under RCW 90.44.100, that: (1) The exempt well taps the same body of public groundwater as the well to which the water right of the exempt well is to be consolidated; (2) use of the exempt well shall be discontinued upon approval of the consolidation amendment to the permit or certificate; (3) legally enforceable agreements have been entered to prohibit the construction of another exempt well to serve the area previously served by the exempt well to be discontinued, and such agreements are binding upon subsequent owners of the land through appropriate binding limitations on the title to the land; (4) the exempt well or wells the use of which is to be discontinued will be properly decommissioned in accordance with chapter 18.104 RCW and the rules of the department; and (5) other existing rights, including ground and surface water rights and minimum stream flows adopted by rule, shall not be impaired. The notice shall be published by the applicant in a newspaper of general circulation in the county or counties in which the wells for the rights to be consolidated are located once a week for two consecutive weeks. The applicant shall provide evidence of the publication of the notice to the department. The comment period shall be for thirty days beginning on the date the second notice is published. The amount of the water to be added to the holder’s permit or certificate upon discontinuance of the exempt well shall be the average withdrawal from the well, in gallons per day, for the most recent five-year period preceding the date of the application, except that the amount shall not be less than eight hundred gallons per day for each residential connection or such alternative minimum amount as may be established by the department in consultation with the department of health, and shall not exceed five thousand gallons per day. The department shall presume that an amount identified by [Title 90 RCW—page 52] the applicant as being the average withdrawal from the well during the most recent five-year period is accurate if the applicant establishes that the amount identified for the use or uses of water from the exempt well is consistent with the average amount of water used for similar use or uses in the general area in which the exempt well is located. The department shall develop, in consultation with the department of health, a schedule of average household and small-area landscaping water usages in various regions of the state to aid the department and applicants in identifying average amounts used for these purposes. The presumption does not apply if the department finds credible evidence of nonuse of the well during the required period or credible evidence that the use of water from the exempt well or the intensity of the use of the land supported by water from the exempt well is substantially different than such uses in the general area in which the exempt well is located. The department shall also accord a presumption in favor of approval of such consolidation if the requirements of this subsection are met and the discontinuance of the exempt well is consistent with an adopted coordinated water system plan under chapter 70.116 RCW, an adopted comprehensive land use plan under chapter 36.70A RCW, or other comprehensive watershed management plan applicable to the area containing an objective of decreasing the number of existing and newly developed small groundwater withdrawal wells. The department shall provide a priority to reviewing and deciding upon applications subject to this subsection, and shall make its decision within sixty days of the end of the comment period following publication of the notice by the applicant or within sixty days of the date on which compliance with the state environmental policy act, chapter 43.21C RCW, is completed, whichever is later. The applicant and the department may by prior mutual agreement extend the time for making a decision. [1997 c 446 § 1.] 90.44.110 Waste of water prohibited—Exceptions. No public groundwaters that have been withdrawn shall be wasted without economical beneficial use. The department shall require all wells producing waters which contaminate other waters to be plugged or capped. The department shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use under the terms of their respective permits or approved declarations of vested rights. Likewise, the department shall also require both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of public groundwaters through leaky casings, pipes, fittings, valves, or pumps—either above or below the land surface: PROVIDED, HOWEVER, That the withdrawal of reasonable quantities of public groundwater in connection with the construction, development, testing, or repair of a well shall not be construed as waste; also, that the inadvertent loss of such water owing to breakage of a pump, valve, pipe, or fitting shall not be construed as waste if reasonable diligence is shown by the permittee in effecting the necessary repair. In the issuance of an original permit, or of an amendment to an original permit or certificate of vested right to withdraw and appropriate public groundwaters under the provisions of this chapter, the department may, as in his judgment is necessary, specify for the proposed well or wells or other works a 90.44.110 (2008 Ed.) Regulation of Public Groundwaters manner of construction adequate to accomplish the provisions of this section. [1987 c 109 § 114; 1949 c 63 § 1; 1945 c 263 § 11; Rem. Supp. 1949 § 7400-11.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.120 Penalty for waste or unauthorized use of water. The unauthorized use of groundwater to which another person is entitled, or the wilful or negligent waste of groundwater, or the failure, when required by the department, to cap flowing wells or equip the same with valves, fittings, or casings to prevent waste of groundwaters, or to cap or plug wells producing waters which contaminate other waters, shall be a misdemeanor. [1987 c 109 § 115; 1949 c 63 § 2; 1947 c 122 § 3; Rem. Supp. 1949 § 7400-11A.] 90.44.120 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.130 Priorities as between appropriators— Department in charge of groundwater withdrawals— Establishment and modification of groundwater areas and depth zones—Declarations by claimant of artificially stored water. As between appropriators of public groundwater, the prior appropriator shall as against subsequent appropriators from the same groundwater body be entitled to the preferred use of such groundwater to the extent of his appropriation and beneficial use, and shall enjoy the right to have any withdrawals by a subsequent appropriator of groundwater limited to an amount that will maintain and provide a safe sustaining yield in the amount of the prior appropriation. The department shall have jurisdiction over the withdrawals of groundwater and shall administer the groundwater rights under the principle just set forth, and it shall have the jurisdiction to limit withdrawals by appropriators of groundwater so as to enforce the maintenance of a safe sustaining yield from the groundwater body. For this purpose, the department shall have authority and it shall be its duty from time to time, as adequate factual data become available, to designate groundwater areas or sub-areas, to designate separate depth zones within any such area or sub-area, or to modify the boundaries of such existing area, or sub-area, or zones to the end that the withdrawals therefrom may be administratively controlled as prescribed in RCW 90.44.180 in order that overdraft of public groundwaters may be prevented so far as is feasible. Each such area or zone shall, as nearly as known facts permit, be so designated as to enclose a single and distinct body of public groundwater. Each such sub-area may be so designated as to enclose all or any part of a distinct body of public groundwater, as the department deems will most effectively accomplish the purposes of this chapter. Designation of, or modification of the boundaries of such a groundwater area, sub-area, or zone may be proposed by the department on its own motion or by petition to the department signed by at least fifty or one-fourth, whichever is the lesser number, of the users of groundwater in a proposed groundwater area, sub-area, or zone. Before any proposed groundwater area, sub-area, or zone shall be designated, or before the boundaries or any existing groundwater area, subarea, or zone shall be modified the department shall publish a notice setting forth: (1) In terms of the appropriate legal subdivisions a description of all lands enclosed within the pro90.44.130 (2008 Ed.) 90.44.130 posed area, sub-area, or zone, or within the area, sub-area, or zone whose boundaries are proposed to be modified; (2) the object of the proposed designation or modification of boundaries; and (3) the day and hour, and the place where written objections may be submitted and heard. Such notice shall be published in three consecutive weekly issues of a newspaper of general circulation in the county or counties containing all or the greater portion of the lands involved, and the newspaper of publication shall be selected by the department. Publication as just prescribed shall be construed as sufficient notice to the landowners and water users concerned. Objections having been heard as herein provided, the department shall make and file in its office written findings of fact with respect to the proposed designation or modification and, if the findings are in the affirmative, shall also enter a written order designating the groundwater area, or sub-area, or zone or modifying the boundaries of the existing area, subarea, or zone. Such findings and order shall also be published substantially in the manner herein prescribed for notice of hearing, and when so published shall be final and conclusive unless an appeal therefrom is taken within the period and in the manner prescribed by RCW 43.21B.310. Publication of such findings and order shall give force and effect to the remaining provisions of this section and to the provisions of RCW 90.44.180, with respect to the particular area, sub-area, or zone. Priorities of right to withdraw public groundwater shall be established separately for each groundwater area, subarea, or zone and, as between such rights, the first in time shall be the superior in right. The priority of the right acquired under a certificate of groundwater right shall be the date of filing of the original application for a withdrawal with the department, or the date or approximate date of the earliest beneficial use of water as set forth in a certificate of a vested groundwater right, under the provisions of RCW 90.44.090. Within ninety days after the designation of a groundwater area, sub-area or zone as herein provided, any person, firm or corporation then claiming to be the owner of artificially stored groundwater within such area, sub-area, or zone shall file a certified declaration to that effect with the department on a form prescribed by the department. Such declaration shall cover: (1) The location and description of the works by whose operation such artificial groundwater storage is purported to have been created, and the name or names of the owner or owners thereof; (2) a description of the lands purported to be underlain by such artificially stored groundwater, and the name or names of the owner or owners thereof; (3) the amount of such water claimed; (4) the date or approximate date of the earliest artificial storage; (5) evidence competent to show that the water claimed is in fact water that would have been dissipated naturally except for artificial improvements by the claimant; and (6) such additional factual information as reasonably may be required by the department. If any of the purported artificially stored groundwater has been or then is being withdrawn, the claimant also shall file (1) the declarations which this chapter requires of claimants to a vested right to withdraw public groundwaters, and (2) evidence competent to show that none of the water withdrawn under those declarations is in fact public groundwater from the area, sub-area, or zone concerned: PROVIDED, HOWEVER, That in case of failure to file a declaration [Title 90 RCW—page 53] 90.44.180 Title 90 RCW: Water Rights—Environment within the ninety-day period herein provided, the claimant may apply to the department for a reasonable extension of time, which shall not exceed two additional years and which shall be granted only upon a showing of good cause for such failure. Following publication of the declaration and findings— as in the case of an original application, permit, or certificate of right to appropriate public groundwaters—the department shall accept or reject such declaration or declarations with respect to ownership or withdrawal of artificially stored groundwater. Acceptance of such declaration or declarations by the department shall convey to the declarant no right to withdraw public groundwaters from the particular area, subarea, or zone, nor to impair existing or subsequent rights to such public waters. Any person, firm or corporation hereafter claiming to be the owner of groundwater within a designated groundwater area, sub-area, or zone by virtue of its artificial storage subsequent to such designation shall, within three years following the earliest artificial storage file a declaration of claim with the department, as herein prescribed for claims based on artificial storage prior to such designation: PROVIDED, HOWEVER, That in case of such failure the claimant may apply to the department for a reasonable extension of time, which shall not exceed two additional years and which shall be granted upon a showing of good cause for such failure. Any person, firm or corporation hereafter withdrawing groundwater claimed to be owned by virtue of artificial storage subsequent to designation of the relevant groundwater area, sub-area, or zone shall, within ninety days following the earliest such withdrawal, file with the department the declarations required by this chapter with respect to withdrawals of public groundwater. [1987 c 109 § 116; 1947 c 122 § 4; 1945 c 263 § 12; Rem. Supp. 1947 § 7400-12. Formerly RCW 90.44.130 through 90.44.170.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.180 Hearing to adjust supply to current needs. At any time the department may hold a hearing on its own motion, and shall hold a hearing upon petition of at least fifty or one-fourth, whichever is the lesser number, of the holders of valid rights to withdraw public groundwaters from any designated groundwater area, sub-area, or zone, to determine whether the water supply in such area, sub-area, or zone is adequate for the current needs of all such holders. Notice of any such hearing, and the findings and order resulting therefrom shall be published in the manner prescribed in RCW 90.44.130 with respect to the designation or modification of a groundwater area, or sub-area, or zone. If such hearing finds that the total available supply is inadequate for the current needs of all holders of valid rights to withdraw public groundwaters from the particular groundwater area, sub-area, or zone, the department shall order the aggregate withdrawal from such area, sub-area, or zone decreased so that it shall not exceed such available supply. Such decrease shall conform to the priority of the pertinent valid rights and shall prevail for the term of shortage in the available supply. Except that by mutual agreement among the respective holders and with the department, the ordered decrease in aggregate withdrawal may be accomplished by 90.44.180 [Title 90 RCW—page 54] the waiving of all or some specified part of a senior right or rights in favor of a junior right or rights: PROVIDED, That such waiving of a right or rights by agreement shall not modify the relative priorities of such right or rights as recorded in the department. [1987 c 109 § 117; 1945 c 263 § 13; Rem. Supp. 1945 § 7400-13.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.200 Water supervisors—Duties—Compensation. The department, as in its judgment is deemed necessary and advisable, may appoint one or more groundwater supervisors for each designated groundwater area, sub-area, or zone, or may appoint one or more groundwater supervisorsat-large. Within their respective jurisdictions and under the direction of the department, such supervisor and supervisorsat-large shall supervise the withdrawal of public groundwaters and the carrying out of orders issued by the department under the provisions of this chapter. The duties, compensation, and authority of such supervisors or supervisors-at-large shall be those prescribed for water masters under the terms of RCW 90.03.060 and 90.03.070. [1987 c 109 § 118; 1945 c 263 § 15; Rem. Supp. 1945 § 7400-15.] 90.44.200 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Water master’s power of arrest: RCW 90.03.090. 90.44.220 Proceedings to determine rights to water. In its discretion or upon the application of any party claiming right to the withdrawal and use of public groundwater, the department may file a petition with the superior court of the county for the determination of the rights of appropriators of any particular groundwater body and all the provisions of RCW 90.03.110 through 90.03.240 as heretofore amended, shall govern and apply to the adjudication and determination of such groundwater body and to the ownership thereof. Hereafter, in any proceedings for the adjudication and determination of water rights—either rights to the use of surface water or to the use of groundwater, or both—pursuant to chapter 90.03 RCW as heretofore amended, all appropriators of groundwater or of surface water in the particular basin or area may be included as parties to such adjudication, as pertinent. [1987 c 109 § 119; 1945 c 263 § 17; Rem. Supp. 1945 § 7400-17.] 90.44.220 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Additional powers and duties enumerated—Payment from reclamation account: RCW 89.16.055. Application of RCW sections to specific proceedings: RCW 90.14.200. Determination of water rights scope: RCW 90.03.245. state to bear its expenses incurred in and on appeal: RCW 90.03.243. 90.44.230 Effect of findings and judgment. In any determination of the right to withdrawal of groundwater under RCW 90.44.220, the department’s findings and the court’s findings and judgment shall determine the priority of right and the quantity of water to which each appropriator who is a party to the proceedings shall be entitled, shall determine the level below which the groundwater body shall not 90.44.230 (2008 Ed.) Regulation of Public Groundwaters be drawn down by appropriators, or shall reserve jurisdiction for the determination of a safe sustaining water yield as necessary from time to time to preserve the rights of the several appropriators and to prevent depletion of the groundwater body. [1987 c 109 § 120; 1945 c 263 § 18; Rem. Supp. 1945 § 7400-18.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.250 Investigations—Reports of appropriators. The department is hereby authorized to make such investigations as may be necessary to determine the location, extent, depth, volume, and flow of all groundwaters within the state and in making such examination, hereby is authorized and directed to cooperate with the federal government, with any county or municipal corporation, or any person, firm, association or corporation, and upon such terms as may seem appropriate to it. In connection with such investigation, the department from time to time may require reports from each groundwater appropriator as to the amount of public groundwater being withdrawn and as to the manner and extent of the beneficial use. Such reports shall be in a form prescribed by the department. [1987 c 109 § 121; 1945 c 263 § 19; Rem. Supp. 1945 § 7400-19. Formerly RCW 90.44.210.] 90.44.250 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.44.400 Groundwater management areas—Purpose—Standards—Identification—Designation. (1) This legislation is enacted for the purpose of identifying groundwater management procedures that are consistent with both local needs and state water resource policies and management objectives; including the protection of water quality, assurance of quantity, and efficient management of water resources to meet future needs. In recognition of existing water rights and the need to manage groundwater aquifers for future use, the department of ecology shall, by rule, establish standards, criteria, and a process for the designation of specific groundwater areas or sub-areas, or separate depth zones within such area or subarea, and provide for either the department of ecology, local governments, or groundwater users of the area to initiate development of a groundwater management program for each area or sub-area, consistent with state and local government objectives, policies, and authorities. The department shall develop and adopt these rules by January 1, 1986. (2) The department of ecology, in cooperation with other state agencies, local government, and user groups, shall identify probable groundwater management areas or sub-areas. The department shall also prepare a general schedule for the development of groundwater management programs that recognizes the available local or state agency staff and financial resources to carry out the intent of RCW 90.44.400 through 90.44.420. The department shall also provide the option for locally initiated studies and for local government to assume the lead agency role in developing the groundwater management program and in implementing the provisions of RCW 90.44.400 through 90.44.420. The criteria to guide identification of the groundwater areas or sub-areas shall include but not be limited to, the following: 90.44.400 (2008 Ed.) 90.44.410 (a) Aquifer systems that are declining due to restricted recharge or over-utilization; (b) Aquifer systems in which over-appropriation may have occurred and adjudication of water rights has not yet been completed; (c) Aquifer systems currently being considered for water supply reservation under chapter 90.54 RCW for future beneficial uses; (d) Aquifers identified as the primary source of supply for public water supply systems; (e) Aquifers designated as a sole source aquifer by the federal environmental protection agency; and (f) Geographical areas where land use may result in contamination or degradation of the groundwater quality. (3) In developing the groundwater management programs, priority shall be given to areas or sub-areas where water quality is imminently threatened. [1985 c 453 § 1.] 90.44.410 Requirements for groundwater management programs—Review of programs. (1) The groundwater area or sub-area management programs shall include: (a) A description of the specific groundwater area or subareas, or separate depth zones within any such area or subarea, and the relationship of this zone or area to the land use management responsibilities of county government; (b) A management program based on long-term monitoring and resource management objectives for the area or subarea; (c) Identification of water resources and the allocation of the resources to meet state and local needs; (d) Projection of water supply needs for existing and future identified user groups and beneficial uses; (e) Identification of water resource management policies and/or practices that may impact the recharge of the designated area or policies that may affect the safe yield and quantity of water available for future appropriation; (f) Identification of land use and other activities that may impact the quality and efficient use of the groundwater, including domestic, industrial, solid, and other waste disposal, underground storage facilities, or storm water management practices; (g) The design of the program necessary to manage the resource to assure long-term benefits to the citizens of the state; (h) Identification of water quality objectives for the aquifer system which recognize existing and future uses of the aquifer and that are in accordance with department of ecology and department of social and health services drinking and surface water quality standards; (i) Long-term policies and construction practices necessary to protect existing water rights and subsequent facilities installed in accordance with the groundwater area or sub-area management programs and/or other water right procedures; (j) Annual withdrawal rates and safe yield guidelines which are directed by the long-term management programs that recognize annual variations in aquifer recharge; (k) A description of conditions and potential conflicts and identification of a program to resolve conflicts with existing water rights; 90.44.410 [Title 90 RCW—page 55] 90.44.420 Title 90 RCW: Water Rights—Environment (l) Alternative management programs to meet future needs and existing conditions, including water conservation plans; and (m) A process for the periodic review of the groundwater management program and monitoring of the implementation of the program. (2) The groundwater area or sub-area management programs shall be submitted for review in accordance with the state environmental policy act. [1988 c 186 § 1; 1985 c 453 § 2.] Effective date—1988 c 186 § 1: "Section 1 of this act shall take effect June 30, 1998." [1988 c 186 § 2.] 90.44.420 Groundwater management programs— Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and programs. The department of ecology shall consider the groundwater area or sub-area management plan for adoption in accordance with this chapter and chapter 90.54 RCW. Upon completion of the groundwater area or sub-area management program, the department of ecology shall hold a public hearing within the designated groundwater management area for the purpose of taking public testimony on the proposed program. Following the public hearing, the department of ecology and affected local governments shall (1) prepare findings which either provide for the subsequent adoption of the program as proposed or identify the revisions necessary to ensure that the program is consistent with the intent of this chapter, and (2) adopt regulations, ordinances, and/or programs for implementing those provisions of the groundwater management program which are within their respective jurisdictional authorities. [1985 c 453 § 3.] the certificate holder fails to comply with the requirements of the program. [1993 c 99 § 1.] 90.44.450 Metering or measuring groundwater withdrawals—Reports. The department of ecology may require withdrawals of groundwater to be metered, or measured by other approved methods, as a condition for a new water right permit. The department may also require, as a condition for such permits, reports regarding such withdrawals as to the amount of water being withdrawn. These reports shall be in a form prescribed by the department. [1989 c 348 § 7.] 90.44.450 Severability—1989 c 348: See note following RCW 90.54.020. Rights not impaired—1989 c 348: See RCW 90.54.920. 90.44.420 90.44.430 Groundwater management programs— Guidance to local governments and certain departments. The department of ecology, the department of social and health services, and affected local governments shall be guided by the adopted program when reviewing and considering approval of all studies, plans, and facilities that may utilize or impact the implementation of the program. [1985 c 453 § 4.] 90.44.430 90.44.440 Existing rights not affected. RCW 90.44.400 through 90.44.430 shall not affect any water rights existing as of May 21, 1985. [1985 c 453 § 5.] 90.44.440 90.44.445 Acreage expansion program—Authorization—Certification. In any acreage expansion program adopted by the department as an element of a groundwater management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the department may authorize participation for ten-year periods. The department may authorize participation for ten-year periods for certificate holders who have already participated in an acreage expansion program for two years. The department may require annual certification that the certificate holder has complied with all requirements of the program. The department may terminate the authority of a certificate holder to participate in the program for one calendar year if 90.44.460 Reservoir permits. The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the department of ecology to issue reservoir permits that enable an entity to artificially store and recover water in any underground geological formation, which qualifies as a reservoir under RCW 90.03.370. [2000 c 98 § 1.] 90.44.460 90.44.500 Civil penalties. 90.44.500 See RCW 90.03.600. 90.44.510 Superseding water right permit or certificate—Water delivered from federal Columbia basin project. The department shall issue a superseding water right permit or certificate for a groundwater right where the source of water is an aquifer for which the department adopts rules establishing a groundwater management subarea and water from the federal Columbia basin project is delivered for use by a person who holds such a groundwater right. The superseding water right permit or certificate shall designate that portion of the groundwater right that is replaced by water from the federal Columbia basin project as a standby or reserve right that may be used when water delivered by the federal project is curtailed or otherwise not available. The period of curtailment or unavailability shall be deemed a low flow period under RCW 90.14.140(2)(b). The total number of acres irrigated by the person under the groundwater right and through the use of water delivered from the federal project must not exceed the quantity of water used and number of acres irrigated under the person’s water right permit or certificate for the use of water from the aquifer. [2004 c 195 § 3.] 90.44.510 90.44.445 [Title 90 RCW—page 56] 90.44.520 Odessa groundwater subarea—Involuntary nonuse of water rights—Conditions—Notice— Report to the legislature. (Expires July 1, 2021.) (1) In order to encourage more efficient use of water, where the source of water is an aquifer within the Odessa groundwater subarea as defined in chapter 173-128A WAC: (a) Any period of nonuse of a right to withdraw groundwater from the aquifer is deemed to be involuntary due to a drought or low flow period under RCW 90.14.140(2)(b); and (b) Such unused water is deemed a standby or reserve water supply that may again be used after the period of nonuse, as long as: (i) Reductions in water use are a result of conservation practices, irrigation or water use efficiencies, 90.44.520 (2008 Ed.) Reclaimed Water Use long or short-term changes in the types or rotations of crops grown, economic hardship, pumping or system infrastructure costs, unavailability or unsuitability of water, or willing and documented participation in cooperative efforts to reduce aquifer depletion and optimize available water resources; (ii) withdrawal or diversion facilities are maintained in good operating condition; and (iii) the department has not issued a superseding water right permit or certificate to designate a portion of the groundwater right replaced by federal Columbia basin project water as a standby or reserve right under RCW 90.44.510. (2)(a) A water right holder choosing to not exercise a water right in accordance with the provisions of this section must provide notice to the department in writing within one hundred eighty days of such choice. The notice shall include the name of the water right holder and the number of the permit, certificate, or claim. (b) When a water right holder chooses to discontinue nonuse under the provisions of this section, notice of such action must be provided to the department in writing. Notice is not required under this subsection (2)(b) for seasonal fluctuations in use if the right is not fully exercised as reflected in the notice provided under (a) of this subsection. (3) The provisions of this section relating to the nonuse of all or a portion of a water right are in addition to any other provisions relating to such nonuse under existing law. (4) If water from the federal Columbia basin project has been delivered to a place of use authorized under a right to withdraw groundwater from the aquifer, the provisions of RCW 90.44.510 apply and supersede the provisions of this section. (5) Portions of rights protected under this section may not be transferred outside Odessa subarea boundaries as defined in WAC 173-128A-040. Transfers within Odessa subarea boundaries remain subject to the provisions of RCW 90.03.380, 90.03.390, 90.44.100, and WAC 173-130A-200. (6) The department shall submit a report to the legislature as to the status of the aquifer, participation in the nonuse program set forth in this section, and the outcome of the United States bureau of reclamation’s study on feasible alternatives to Odessa groundwater use. This report must be submitted six months after completion of the United States bureau of reclamation’s study, which is expected to be completed in February 2011. The department’s report must also suggest viable solutions and the actions needed by the state to move forward with such solutions. [2006 c 168 § 2.] Expiration date—2006 c 168 § 2: "Section 2 of this act expires July 1, 2021." [2006 c 168 § 3.] Effective date—2006 c 168: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2006]." [2006 c 168 § 4.] Findings—2006 c 168: "(1) The legislature finds that the department of ecology adopted groundwater management subarea rules to manage aquifer depletions in the Odessa subarea, which includes undeveloped portions of the federal Columbia basin project. (2) The legislature also finds that deep well agricultural irrigation was permitted within the Odessa subarea under the expectation that federal Columbia basin project water would be delivered to replace the temporary groundwater withdrawals in time to stabilize aquifer levels. (3) The legislature further finds that because federal project water has not been delivered as anticipated, aquifer levels have continued to decline despite department of ecology and community efforts to manage groundwa(2008 Ed.) 90.46.005 ter withdrawals in a sustainable manner. (4) The legislature further finds that, because substantial project expansion and aquifer recharge is a long-term effort, the continued availability of groundwater for domestic, municipal, industrial, and agricultural uses in the region is in great jeopardy. (5) The legislature therefore declares that immediate relief is needed to encourage more efficient use of water and to protect the region’s citizens from economic hardships and public health and safety risks that can result from declining aquifer levels." [2006 c 168 § 1.] Chapter 90.46 Chapter 90.46 RCW RECLAIMED WATER USE Sections 90.46.005 90.46.010 90.46.015 90.46.020 90.46.030 90.46.040 90.46.042 90.46.044 90.46.050 90.46.060 90.46.070 90.46.072 90.46.080 90.46.090 90.46.100 90.46.110 90.46.120 90.46.130 90.46.140 90.46.150 90.46.160 Findings—Coordination of efforts—Development of facilities encouraged. Definitions. Rules—Coordination with department of health—Consultation with advisory committee. Interim standards for pilot projects for use of reclaimed water. Standards, procedures, and guidelines for industrial and commercial use of reclaimed water—Reclaimed water permits— Fee structure for permits—Formal agreements between the departments of health and ecology. Standards, procedures, and guidelines for land applications of reclaimed water—Permits—Referral to department of health. Standards, procedures, and guidelines for direct recharge. Standards, procedures, and guidelines for discharge to wetlands. Advisory committee—Development of standards, procedures, and guidelines. Enforcement powers—Secretary of health. Exemption from standards, procedures, and guidelines. Conflict resolution—Reclaimed water projects and chapter 372-32 WAC. Use of reclaimed water for surface percolation—Establishment of discharge limit for contaminants. Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—Standards for discharge. Discharge of reclaimed water for streamflow augmentation. Reclaimed water demonstration program—Demonstration projects. Use of water from wastewater treatment facility—Consideration in regional water supply plan or potable water supply service planning—Consideration in reviewing provisions for water supplies for short plat, short subdivision, or subdivision. Impairment of water rights downstream from freshwater discharge points. Greywater reuse—Standards, procedures, and guidelines— Rules. Agricultural industrial process water—Permit—Use—Referral to department of health. Industrial reuse water—Permit. 90.46.005 Findings—Coordination of efforts— Development of facilities encouraged. The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations. To facilitate the immediate use of reclaimed water for uses approved by the departments of ecology and health, the state shall expand both direct financial support and financial incentives for capital investments in water reuse and reclaimed water to effectuate the goals of this chapter. The legislature further directs the department of health and the department of ecology to coordinate efforts towards developing an efficient and streamlined process for creating and implementing processes for the use of reclaimed water. 90.46.005 [Title 90 RCW—page 57] 90.46.005 Title 90 RCW: Water Rights—Environment It is hereby declared that the people of the state of Washington have a primary interest in the development of facilities to provide reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state. The legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent reclaimed water is appropriate for beneficial uses, it should be so used to preserve potable water for drinking purposes, contribute to the restoration and protection of instream flows that are crucial to preservation of the state’s salmonid fishery resources, contribute to the restoration of Puget Sound by reducing wastewater discharge, provide a drought resistant source of water supply for nonpotable needs, or be a source of supply integrated into state, regional, and local strategies to respond to population growth and global warming. Use of reclaimed water constitutes the development of new basic water supplies needed for future generations and local and regional water management planning should consider coordination of infrastructure, development, storage, water reclamation and reuse, and source exchange as strategies to meet water demands associated with population growth and impacts of global warming. The legislature further finds and declares that the use of reclaimed water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW. The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed water to supplement existing water supplies without threatening existing resources or public health. It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state. The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter 70.146 RCW and are eligible for financial assistance as provided in chapter 70.146 RCW. The legislature finds that funding demonstration projects will ensure the future use of reclaimed water. The demonstration projects in RCW 90.46.110 are varied in nature and will provide the experience necessary to test different facets of the standards and refine a variety of technologies so that water purveyors can begin to use reclaimed water technology in a more costeffective manner. This is especially critical in smaller cities and communities where the feasibility for such projects is great, but there are scarce resources to develop the necessary facilities. The legislature further finds that the agricultural processing industry can play a critical and beneficial role in promoting the efficient use of water by having the opportunity to develop and reuse agricultural industrial process water from [Title 90 RCW—page 58] food processing. [2007 c 445 § 2; 2001 c 69 § 1; 1997 c 355 § 1; 1995 c 342 § 1; 1992 c 204 § 1.] Findings—Intent—2007 c 445: "(1) Since the 1992 enactment of the reclaimed water act, the value of reclaimed water as a new source of supply has received increasing recognition across the state and across the nation. New information on the matters in this section has increased awareness of the need to better manage, protect, and conserve water resources and to use reclaimed water in that process. The legislature now finds the following: (a) Global warming and climate change. Global warming has reduced the volume of glaciers in the North Cascade mountains to between eighteen to thirty-two percent since 1983, and up to seventy-five percent of the glaciers are at risk of disappearing under projected temperatures for this century. Mountain snow pack has declined at virtually every measurement location in the Pacific Northwest, reducing the proportion of annual river flow to Puget Sound during summer months by eighteen percent since 1948. Global warming has also shifted peak stream flows earlier in the year in watersheds covering much of Washington state, including the Columbia river basin, jeopardizing the state’s salmon fisheries. The state’s recent report on the economic impacts of climate change indicate that water resources will be one of the areas most affected, and that many utilities may need to invest major resources in new supply and conservation measures. Developing and implementing adaptation strategies, such as water conservation that includes the use of reclaimed water, can extend existing water supply systems to help address the global warming impacts. In particular, because reclaimed water uses existing sources of supply and fairly constant base flows of wastewater, it has year-round dependability, without regard to any given year’s climate variability. This is particularly important during summer months, when outdoor demands peak and stream flows are critical for fish. (b) Puget Sound. The governor has initiated a Puget Sound partnership, with a request for an initial strategy to address high priority problems. In December, the partnership delivered a strategy that includes expanded use of reclaimed water both in order to improve the Puget Sound’s water quality by reducing wastewater discharges and by replacing current sources of supply for nonpotable uses that detrimentally affect stream flows and habitat. (c) Salmon recovery. The federal fisheries services recently approved a salmon recovery plan for the Puget Sound, which was developed across multiple watersheds by numerous local governments, tribal governments, and other parties to achieve sustainable populations of salmon and other species. That plan includes an adaptive management component where continued efforts will be made to address issues, including problems with instream flows, identified as a limiting factor in virtually all the watersheds, through strategies that will be developed by regional and watershed implementation groups. A potentially significant strategy may be the substitution of reclaimed water for nonpotable uses where it will benefit streams and habitat. (d) Water quality. Increasingly stringent federal standards for water quality are forcing a number of communities to develop strategies for wastewater treatment that, in addition to providing higher treatment levels, will reduce the quantity of discharges. For many of those communities, facilities to produce reclaimed water will be a necessary approach to achieve both water quality and water supply objectives. (e) Watershed plans. Under the watershed planning act of 1997, approximately two-thirds of the watersheds in the state have used a bottom-up approach to developing collaborative plans for meeting future water supply needs. Many of those plans include the use of reclaimed water for meeting those needs. (f) Columbia river water management. Pursuant to legislation and funding provided in 2006, federal, state, and local governments and agencies, along with tribal governments, user groups, environmental organizations, and others are developing a comprehensive strategy for the mainstem Columbia that will ensure supplies for future growth while protecting stream flows and fish habitat. The strategy will include multiple tools that may include the potential development of new storage, conservation measures, and water use efficiency. One pathway toward conservation and efficiency is likely to be identification and implementation of reclaimed water opportunities. (g) Development schedule. The time frame required to plan, design, construct, and begin use of reclaimed water can be extensive due to the public information and acceptance efforts required in addition to planning, design, and environmental assessment required for infrastructure projects. This extended time frame necessitates the initiation of reclaimed water projects as soon as possible. (2) It is therefore the intent of the legislature to: (a) Effectuate and reinvigorate the original intent behind the reclaimed water act to expand the use of reclaimed water for nonpotable uses through(2008 Ed.) Reclaimed Water Use out the state; (b) Restate and emphasize the use of reclaimed water as a matter of water resource management policy; (c) Address current barriers to the use of reclaimed water, where changes in state law will resolve such issues; (d) Develop information from the state agencies responsible for promoting the use of reclaimed water and address regulatory, financial, planning, and other barriers to the expanded use of reclaimed water, relying on state agency expertise and experience with reclaimed water; (e) Facilitate achieving state, regional, and local objectives through use of reclaimed water for water supply purposes in high priority areas of the state, and in regional and local watershed and water planning; (f) Provide planning tools to local governments to incorporate reclaimed water and related water conservation into land use plans, consistent with water planning; (g) Expand the scope of work of the advisory committee established under chapter 279, Laws of 2006 to identify other reclaimed water issues that should be addressed; and (h) Provide initial funding, and evaluate options for providing additional direct state funding, for reclaimed water projects." [2007 c 445 § 1.] Construction—1995 c 342: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections." [1995 c 342 § 10.] Effective date—1995 c 342: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [1995 c 342 § 11.] 90.46.010 90.46.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agricultural industrial process water" means water that has been used for the purpose of agricultural processing and has been adequately and reliably treated, so that as a result of that treatment, it is suitable for other agricultural water use. (2) "Agricultural processing" means the processing of crops or milk to produce a product primarily for wholesale or retail sale for human or animal consumption, including but not limited to potato, fruit, vegetable, and grain processing. (3) "Agricultural water use" means the use of water for irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to, construction, operation, and maintenance of agricultural facilities and livestock operations at farms, ranches, dairies, and nurseries. Examples of these uses include, but are not limited to, dust control, temperature control, and fire control. (4) "Beneficial use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose. (5) "Constructed beneficial use wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or replace natural wetland functions and values. Constructed beneficial use wetlands are considered "waters of the state." (6) "Constructed treatment wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of polishing reclaimed water or aesthetics. Constructed treatment wetlands are considered part of the collection and treatment system and are not considered "waters of the state." (2008 Ed.) 90.46.010 (7) "Direct recharge" means the controlled subsurface addition of water directly to the groundwater basin that results in the replenishment of groundwater. (8) "Greywater" means wastewater having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters. (9) "Groundwater recharge criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW. (10) "Industrial reuse water" means water that has been used for the purpose of industrial processing and has been adequately and reliably treated so that, as a result of that treatment, it is suitable for other uses. (11) "Land application" means use of reclaimed water as permitted under this chapter for irrigation or landscape enhancement for residential, business, and governmental purposes. (12) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever. (13) "Planned groundwater recharge project" means any reclaimed water project designed for the purpose of recharging groundwater, via direct recharge or surface percolation. (14) "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur and is no longer considered wastewater. (15) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the department of ecology and the department of health. (16) "Sewage" means water-carried human wastes from residences, buildings, industrial and commercial establishments, or other places, together with such groundwater infiltration, surface waters, or industrial wastewater as may be present. (17) "Streamflow augmentation" means the discharge of reclaimed water to rivers and streams of the state or other surface water bodies, but not wetlands. (18) "Surface percolation" means the controlled application of water to the ground surface for the purpose of replenishing groundwater. (19) "User" means any person who uses reclaimed water. (20) "Wastewater" means water and wastes discharged from homes, businesses, and industry to the sewer system. (21) "Wetland or wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands regulated under this chapter shall be delineated in accordance with the manual adopted by the department of ecology pursuant to RCW 90.58.380. [2006 c 279 § [Title 90 RCW—page 59] 90.46.015 Title 90 RCW: Water Rights—Environment 4; 2002 c 329 § 3; 2001 c 69 § 2; 1997 c 444 § 5; 1995 c 342 § 2; 1992 c 204 § 2.] Alphabetization—2006 c 279: "The code reviser shall alphabetize and renumber the definitions in RCW 90.46.010." [2006 c 279 § 12.] Severability—1997 c 444: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 444 § 11.] Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.015 Rules—Coordination with department of health—Consultation with advisory committee. (1) The department of ecology shall, in coordination with the department of health, adopt rules for reclaimed water use consistent with this chapter. The rules must address all aspects of reclaimed water use, including commercial and industrial uses, land applications, direct recharge, wetland discharge, surface percolation, constructed wetlands, and stream flow augmentation. The department of health shall, in coordination with the department of ecology, adopt rules for greywater reuse. The rules must also designate whether the department of ecology or the department of health will be the lead permitting or regulatory agency responsible for a particular aspect of reclaimed water use. In developing the rules, the departments of health and ecology shall amend or rescind any existing rules on reclaimed water in conflict with the new rules. (2) All rules required to be adopted pursuant to this section must be completed no later than December 31, 2010, although the department of ecology is encouraged to adopt the final rules as soon as possible. (3) The department of ecology must consult with the advisory committee created under RCW 90.46.050 in all aspects of rule development required under this section. [2006 c 279 § 1.] 90.46.015 Interim reports—2006 c 279: "(1) In order to identify and pursue other measures to facilitate achieving the objectives in RCW 90.46.005 for expanded, appropriate, and safe use of reclaimed water, the department of ecology and the department of health shall provide the legislature with relevant information through periodic progress reports, as provided in this section. (2) The department of ecology shall provide interim reports to the appropriate committees of the legislature by January 1, 2008, and January 1, 2009, that summarize the steps taken to that date towards the final rule making required by RCW 90.46.015. The reports shall include, at a minimum, a summary of participation in the rule advisory committee, the topics considered by the department, and issues identified by the rule advisory committee as barriers to expanded use of reclaimed water that may not be addressed within the rules to be adopted by the department. (3) In addition to subsection (2) of this section, the department shall form a subtask force consisting of not more than ten members chosen from the existing rule advisory committee, and reclaimed water users, to further identify and recommend actions to increase the promotion of reclaimed water as a water supply and water resource management option. At a minimum, the subtask force shall consider (a) issues assigned by the rule advisory committee; (b) staffing levels, resources, and roles within both state agencies; (c) optimizing organizational structure; (d) unresolved legal issues specific to reclaimed water use; and (e) a more appropriate name to describe reclaimed water. Information regarding these topics shall be appended to the required interim reports as the topics are considered by the advisory group." [2007 c 445 § 5; 2006 c 279 § 3.] 90.46.020 Interim standards for pilot projects for use of reclaimed water. (1) The department of ecology shall, in coordination with the department of health, develop interim 90.46.020 [Title 90 RCW—page 60] standards for pilot projects under subsection (3) of this section on or before July 1, 1992, for the use of reclaimed water in land applications. (2) The department of health shall, in coordination with the department of ecology, develop interim standards for pilot projects under subsection (3) of this section on or before November 15, 1992, for the use of reclaimed water in commercial and industrial activities. (3) The department of ecology and the department of health shall assist interested parties in the development of pilot projects to aid in achieving the purposes of this chapter. [1992 c 204 § 3.] 90.46.030 Standards, procedures, and guidelines for industrial and commercial use of reclaimed water— Reclaimed water permits—Fee structure for permits— Formal agreements between the departments of health and ecology. (1)(a) The department of health shall, in coordination with the department of ecology, adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for the industrial and commercial use of reclaimed water. (b) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to the industrial and commercial use of reclaimed water. (2) Unless the department of ecology adopts rules pursuant to RCW 90.46.015 that relate to the industrial and commercial use of reclaimed water specifying otherwise, the department of health may issue a reclaimed water permit for industrial and commercial uses of reclaimed water to the generator of reclaimed water who may then distribute the water, subject to provisions in the permit governing the location, rate, water quality, and purposes of use. Permits issued after the adoption of rules under RCW 90.46.015 must be consistent with the adopted rules. (3) The department of health in consultation with the advisory committee established in RCW 90.46.050, shall develop recommendations for a fee structure for permits issued under subsection (2) of this section. Fees shall be established in amounts to fully recover, and not exceed, expenses incurred by the department of health in processing permit applications and modifications, monitoring and evaluating compliance with permits, and conducting inspections and supporting the reasonable overhead expenses that are directly related to these activities. Permit fees may not be used for research or enforcement activities. The department of health shall not issue permits under this section until a fee structure has been established. (4) A permit under this section for use of reclaimed water may be issued only to: (a) A municipal, quasi-municipal, or other governmental entity; (b) A private utility as defined in RCW 36.94.010; or (c) The holder of a waste discharge permit issued under chapter 90.48 RCW. (5) The authority and duties created in this section are in addition to any authority and duties already provided in law with regard to sewage and wastewater collection, treatment, and disposal for the protection of health and safety of the state’s waters. Nothing in this section limits the powers of 90.46.030 (2008 Ed.) Reclaimed Water Use the state or any political subdivision to exercise such authority. (6) Unless the department of ecology adopts rules pursuant to RCW 90.46.015 that relate to the industrial and commercial use of reclaimed water specifying otherwise, the department of health may implement the requirements of this section through the department of ecology by execution of a formal agreement between the departments. Upon execution of such an agreement, the department of ecology may issue reclaimed water permits for industrial and commercial uses of reclaimed water by issuance of permits under chapter 90.48 RCW, and may establish and collect fees as required for permits issued under chapter 90.48 RCW. (7) Unless the department of ecology adopts rules pursuant to RCW 90.46.015 that relate to the industrial and commercial use of reclaimed water specifying otherwise, and before deciding whether to issue a permit under this section to a private utility, the department of health may require information that is reasonable and necessary to determine whether the private utility has the financial and other resources to ensure the reliability, continuity, and supervision of the reclaimed water facility. [2006 c 279 § 5; 2005 c 59 § 1; 2002 c 329 § 4; 1992 c 204 § 4.] 90.46.070 (6) Before deciding whether to issue a permit under this section to a private utility, the department of ecology may require information that is reasonable and necessary to determine whether the private utility has the financial and other resources to ensure the reliability, continuity, and supervision of the reclaimed water facility. [2006 c 279 § 6; 2005 c 59 § 2; 1992 c 204 § 5.] 90.46.042 Standards, procedures, and guidelines for direct recharge. (1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water. The standards shall address both water quality considerations and avoidance of property damage from excessive recharge. (2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to direct recharge using reclaimed water. [2006 c 279 § 7; 1995 c 342 § 6.] 90.46.042 Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.044 Standards, procedures, and guidelines for discharge to wetlands. (1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands. (2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to discharge of reclaimed water to wetlands. [2006 c 279 § 8; 1995 c 342 § 7.] 90.46.044 90.46.040 Standards, procedures, and guidelines for land applications of reclaimed water—Permits—Referral to department of health. (1)(a) The department of ecology shall, in coordination with the department of health, adopt a single set of standards, procedures, and guidelines, on or before August 1, 1993, for land applications of reclaimed water. (b) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to the land application of reclaimed water. (2) A permit is required for any land application of reclaimed water. The department of ecology may issue a reclaimed water permit under chapter 90.48 RCW to the generator of reclaimed water who may then distribute the water, subject to provisions in the permit governing the location, rate, water quality, and purpose of use. The department of ecology shall not issue more than one permit for any individual land application of reclaimed water to a single generator. (3) In cases where the department of ecology determines, in land applications of reclaimed water, that a significant risk to the public health exists, the department shall refer the application to the department of health for review and consultation and the department of health may require fees appropriate for review and consultation from the applicant pursuant to RCW 43.70.250. (4) A permit under this section for use of reclaimed water may be issued only to: (a) A municipal, quasi-municipal, or other governmental entity; (b) A private utility as defined under RCW 36.94.010; or (c) The holder of a waste discharge permit issued under chapter 90.48 RCW. (5) The authority and duties created in this section are in addition to any authority and duties already provided in law. Nothing in this section limits the powers of the state or any political subdivision to exercise such authority. 90.46.040 (2008 Ed.) Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.050 Advisory committee—Development of standards, procedures, and guidelines. The department of ecology shall, before July 1, 2006, form an advisory committee, in coordination with the department of health and the department of agriculture, which will provide technical assistance in the development of standards, procedures, and guidelines required by this chapter. The advisory committee shall be composed of a broad range of interested individuals representing the various stakeholders that utilize or are potentially impacted by the use of reclaimed water. The advisory committee must also contain individuals with technical expertise and knowledge of new advancements in technology. [2006 c 279 § 2; 1995 c 342 § 9; 1992 c 204 § 6.] 90.46.050 Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.060 Enforcement powers—Secretary of health. The secretary of health has all of the enforcement powers granted to the secretary of health under chapter 43.70 RCW to enforce this chapter. [1992 c 204 § 7.] 90.46.060 90.46.070 Exemption from standards, procedures, and guidelines. Any person lawfully using reclaimed water before April 2, 1992, may continue to do so and is not required to comply with the standards, procedures, and 90.46.070 [Title 90 RCW—page 61] 90.46.072 Title 90 RCW: Water Rights—Environment guidelines under chapter 90.46 RCW before July 1, 1995. [1992 c 204 § 8.] 90.46.072 Conflict resolution—Reclaimed water projects and chapter 372-32 WAC. On or before December 31, 1995, the department of ecology and department of health shall, in consultation with local interested parties, jointly review and, if required, propose amendments to chapter 372-32 WAC to resolve conflicts between the development of reclaimed water projects in the Puget Sound region and chapter 372-32 RCW [WAC]. [1995 c 342 § 8.] 90.46.072 Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.080 Use of reclaimed water for surface percolation—Establishment of discharge limit for contaminants. (1) Except as otherwise provided in this section, reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the groundwater recharge criteria as measured in groundwater beneath or down gradient of the recharge project site, and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable. (2) If the state groundwater recharge criteria as defined by RCW 90.46.010 do not contain a standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter, except as otherwise provided in this section. (3) Except as otherwise provided in this section, reclaimed water that does not meet the groundwater recharge criteria may be beneficially used for surface percolation where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standard. (4) The provisions of this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to surface percolation. [2006 c 279 § 9; 1997 c 444 § 6; 1995 c 342 § 3.] (3)(a) The department of ecology and the department of health must develop appropriate standards for discharging reclaimed water into constructed beneficial use wetlands and constructed treatment wetlands. These standards must be considered as part of the approval process under subsections (1) and (2) of this section. (b) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to discharge into constructed beneficial use wetlands and constructed treatment wetlands. [2006 c 279 § 10; 1997 c 444 § 7; 1995 c 342 § 4.] Severability—1997 c 444: See note following RCW 90.46.010. Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.080 Severability—1997 c 444: See note following RCW 90.46.010. Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.090 Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—Standards for discharge. (1) Reclaimed water may be beneficially used for discharge into constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable. (2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into constructed treatment wetlands where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standards. 90.46.090 [Title 90 RCW—page 62] 90.46.100 Discharge of reclaimed water for streamflow augmentation. (1) Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable. (2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to discharge of reclaimed water for streamflow augmentation. [2006 c 279 § 11; 1995 c 342 § 5.] 90.46.100 Construction—Effective date—1995 c 342: See notes following RCW 90.46.005. 90.46.110 Reclaimed water demonstration program—Demonstration projects. (1) The department of ecology shall establish and administer a reclaimed water demonstration program for the purposes of funding and monitoring the progress of five demonstration projects. The department shall work in cooperation with the department of health. (2) The five demonstration projects will be: (a) The city of Ephrata, to use class A reclaimed water for surface spreading that will recharge the groundwater and reduce the nitrate concentrations that currently exceed drinking water standards in domestic wells; (b) Lincoln county, for a study of the use of reclaimed water to transport twenty-two million gallons a day from Spokane to water sources that will rehydrate and restore long depleted streambeds; (c) The city of Royal City to replace an interim emergency sprayfield by using one hundred percent of its discharge as class A reclaimed water to enhance local wetlands and lakes in the winter, and potentially irrigate a golf course; (d) The city of Sequim to implement a tertiary treatment system and reuse one hundred percent of the city’s wastewater to reopen an existing shellfish closure area to benefit state and tribal resources, improve streamflows in the Dungeness river, and provide a sustainable water supply for irrigation purposes; (e) The city of Yelm to use one hundred percent of its wastewater to provide alternative water supply for irrigation and industrial uses in order to offset increased demand for 90.46.110 (2008 Ed.) Reclaimed Water Use water supply, to protect the Nisqually river chum salmon runs, and to develop experimental artificial wetlands to test low cost treatment options. (3) By September 30, 1997, the department of ecology shall enter into a grant agreement with the demonstration project jurisdictions that includes reporting requirements, timelines, and a fund disbursement schedule based on the agreed project milestones. (4) Upon completion of the projects, the department of ecology shall report to the appropriate committees of the legislature on the results of the program. (5) Demonstration projects which will discharge or otherwise deliver reclaimed water to federal reclamation project facilities or irrigation district facilities shall meet the requirements of the facilities’ operating entity for such discharges or deliveries. (6) No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to persons or property arising from the implementation of the demonstration projects in this section. [1997 c 355 § 2.] 90.46.120 Use of water from wastewater treatment facility—Consideration in regional water supply plan or potable water supply service planning—Consideration in reviewing provisions for water supplies for short plat, short subdivision, or subdivision. (1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use, distribution, and the recovery from aquifer storage of reclaimed water by the owner of the wastewater treatment facility is exempt from the permit requirements of RCW 90.03.250 and 90.44.060, provided that a permit for recovery of reclaimed water from aquifer storage and recovery shall be reviewed under the standards established under RCW 90.03.370(2). Revenues derived from the reclaimed water facility shall be used only to offset the cost of operation of the wastewater utility fund or other applicable source of systemwide funding. (2) If the proposed use or uses of reclaimed water are intended to augment or replace potable water supplies or create the potential for the development of additional potable water supplies, such use or uses shall be considered in the development of any regional water supply plan or plans addressing potable water supply service by multiple water purveyors. Such water supply plans include plans developed by multiple jurisdictions under the relevant provisions of chapters 43.20, 70.116, 90.44, and 90.82 RCW, and the water supply provisions under the utility element of chapter 36.70A RCW. The method by which such plans are approved shall remain unchanged. The owner of a wastewater treatment facility that proposes to reclaim water shall be included as a participant in the development of such regional water supply plan or plans. (3) Where opportunities for the use of reclaimed water exist within the period of time addressed by a water system plan, a water supply plan, or a coordinated water system plan developed under chapters 43.20, 70.116, 90.44, and 90.82 90.46.120 (2008 Ed.) 90.46.150 RCW, and the water supply provisions under the utility element of chapter 36.70A RCW, these plans must be developed and coordinated to ensure that opportunities for reclaimed water are evaluated. The requirements of this subsection (3) do not apply to water system plans developed under chapter 43.20 RCW for utilities serving less than one thousand service connections. (4) The provisions of any plan for reclaimed water, developed under the authorities in subsections (2) and (3) of this section, should be included by a city, town, or county in reviewing provisions for water supplies in a proposed short plat, short subdivision, or subdivision under chapter 58.17 RCW, where reclaimed water supplies may be proposed for nonpotable purposes in the short plat, short subdivision, or subdivision. [2007 c 445 § 3; 2003 1st sp.s. c 5 § 13; 1997 c 444 § 1.] Findings—Intent—2007 c 445: See note following RCW 90.46.005. Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. Severability—1997 c 444: See note following RCW 90.46.010. 90.46.130 Impairment of water rights downstream from freshwater discharge points. (1) Except as provided in subsection (2) of this section, facilities that reclaim water under this chapter shall not impair any existing water right downstream from any freshwater discharge points of such facilities unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right. (2) Agricultural water use of agricultural industrial process water and use of industrial reuse water under this chapter shall not impair existing water rights within the water source that is the source of supply for the agricultural processing plant or the industrial processing and, if the water source is surface water, the existing water rights are downstream from the agricultural processing plant’s discharge points existing on July 22, 2001, or from the industrial processing’s discharge points existing on June 13, 2002. [2002 c 329 § 5; 2001 c 69 § 4; 1997 c 444 § 4.] 90.46.130 Severability—1997 c 444: See note following RCW 90.46.010. 90.46.140 Greywater reuse—Standards, procedures, and guidelines—Rules. (1) The department of health shall develop standards, procedures, and guidelines for the reuse of greywater, consistent with RCW 43.20.230(2), by January 1, 1998. (2) Standards, procedures, and guidelines developed by the department of health for reuse of greywater shall encourage the application of this technology for conserving water resources, or reducing the wastewater load, on domestic wastewater facilities, individual on-site sewage treatment and disposal systems, or community on-site sewage treatment and disposal systems. (3) The department of health and local health officers may permit the reuse of greywater according to rules adopted by the department of health. [1997 c 444 § 8.] 90.46.140 Severability—1997 c 444: See note following RCW 90.46.010. 90.46.150 Agricultural industrial process water— Permit—Use—Referral to department of health. The permit to apply agricultural industrial process water to agricultural water use shall be the permit issued under chapter 90.48 90.46.150 [Title 90 RCW—page 63] 90.46.160 Title 90 RCW: Water Rights—Environment RCW to the owner of the agricultural processing plant who may then distribute the water through methods including, but not limited to, irrigation systems, subject to provisions in the permit governing the location, rate, water quality, and purpose. In cases where the department of ecology determines that a significant risk to public health exists, in land application of the water, the department must refer the application to the department of health for review and consultation. The owner of the agricultural processing plant who obtains a permit under this section has the exclusive right to the use of any agricultural industrial process water generated from the plant and to the distribution of such water through facilities including irrigation systems. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100. Nothing in chapter 69, Laws of 2001 shall be construed to affect any right to reuse agricultural industrial discharge water in existence on or before July 22, 2001. [2001 c 69 § 3.] 90.48.120 90.46.160 Industrial reuse water—Permit. (1) The permit to use industrial reuse water shall be the permit issued under chapter 90.48 RCW to the owner of the plant that is the source of the industrial process water, who may then distribute the water according to provisions in the permit governing the location, rate, water quality, and purpose. In cases where the department of ecology determines that a proposed use may pose a significant risk to public health, the department shall refer the permit application to the department of health for review and consultation. (2) The owner of the industrial plant who obtains a permit under this section has the exclusive right to the use of any industrial reuse water generated from the plant and to the distribution of such water. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100. (3) Nothing in this section affects any right to reuse industrial process water in existence on or before June 13, 2002. [2002 c 329 § 6.] 90.48.200 90.46.160 90.48.140 90.48.142 90.48.144 90.48.150 90.48.153 90.48.156 90.48.160 90.48.162 90.48.165 90.48.170 90.48.180 90.48.190 90.48.195 90.48.215 90.48.220 90.48.230 90.48.240 90.48.250 90.48.260 90.48.261 90.48.262 90.48.264 90.48.270 90.48.280 90.48.285 Chapter 90.48 Chapter 90.48 RCW WATER POLLUTION CONTROL Sections 90.48.010 90.48.020 90.48.030 90.48.035 90.48.037 90.48.039 90.48.045 90.48.080 90.48.090 90.48.095 90.48.100 90.48.110 90.48.112 Policy enunciated. Definitions. Jurisdiction of department. Rule-making authority. Authority of department to bring enforcement actions. Hazardous substance remedial actions—Procedural requirements not applicable. Environmental excellence program agreements—Effect on chapter. Discharge of polluting matter in waters prohibited. Right of entry—Special inspection requirements for metals mining and milling operations. Authority of department to compel attendance and testimony of witnesses, production of books and papers—Contempt proceedings to enforce—Fees. Request for assistance. Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department—Exceptions—Time limitations. Plan evaluation—Consideration of reclaimed water. [Title 90 RCW—page 64] 90.48.290 90.48.300 90.48.310 90.48.364 90.48.366 90.48.367 90.48.368 90.48.386 90.48.390 90.48.400 90.48.420 90.48.422 90.48.425 90.48.430 Notice of department’s determination that violation has or will occur—Report to department of compliance with determination—Order or directive to be issued—Notice. Penalty. Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover. Violations—Civil penalty—Procedure. Construction of chapter. Cooperation with federal government—Federal funds. Cooperation with other states and provinces—Interstate and state-provincial projects. Waste disposal permit—Required—Exemptions. Waste disposal permits required of counties, municipalities and public corporations. Waste disposal permits required of counties, municipalities and public corporations—Cities, towns or municipal corporations may be granted authority to issue permits—Revocation—Termination of permits. Waste disposal permits required of counties, municipalities and public corporations—Application—Notice as to new operation or increase in volume—Investigation—Notice to other state departments. Waste disposal permits required of counties, municipalities and public corporations—Issuance—Conditions—Duration. Waste disposal permits required of counties, municipalities and public corporations—Termination—Grounds. Waste disposal permits required of counties, municipalities and public corporations—Modification or additional conditions may be ordered. Waste disposal permits required of counties, municipalities and public corporations—Nonaction upon application— Temporary permit—Duration. Upland finfish facilities—Waste discharge standards—Waste disposal permit. Marine finfish rearing facilities—Waste discharge standards—Discharge permit applications—Exemption. Application of administrative procedure law to rule making and adjudicative proceedings. Water pollution orders for conditions requiring immediate action—Appeal. Agreements or contracts to monitor waters and effluent discharge. Federal clean water act—Department designated as state agency, authority—Delegation of authority—Powers, duties, and functions. Exercise of powers under RCW 90.48.260—Aquatic resource mitigation. Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures. Federal clean water act—Rules for on-site sewage disposal systems adjacent to marine waters. Sewage drainage basins—Authority of department to delineate and establish. Sewage drainage basins—Comprehensive plans for sewage drainage basins. Contracts with municipal or public corporations and political subdivisions to finance water pollution control projects— Requisites—Priorities. Grants to municipal or public corporations or political subdivisions to aid water pollution control projects—Limitations. Pollution control facilities—Tax exemptions and credits. Application of barley straw to waters of the state. Discharge of oil into waters of the state—Definitions. Discharge of oil into waters of the state—Compensation schedule. Discharge of oil into waters of the state—Assessment of compensation. Discharge of oil into waters of the state—Preassessment screening. Department of natural resources leases. Coastal protection fund—Established—Moneys credited to— Use. Coastal protection fund—Disbursal of moneys from. Water quality standards affected by forest practices—Department of ecology solely responsible for water quality standards—Forest practices rules—Adoption—Examination— Enforcement procedures. Water quality standards—Compliance methods—Department authority. Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act. Watershed restoration projects—Approval process—Waiver of public review. (2008 Ed.) Water Pollution Control 90.48.445 90.48.447 90.48.448 90.48.450 90.48.455 90.48.465 90.48.480 90.48.490 90.48.495 90.48.500 90.48.520 90.48.530 90.48.531 90.48.540 90.48.555 90.48.560 90.48.565 90.48.570 90.48.575 90.48.580 90.48.585 90.48.590 90.48.595 90.48.900 90.48.901 90.48.902 90.48.903 90.48.904 90.48.906 Aquatic noxious weed control—Water quality permits—Definition. Aquatic plant management program—Commercial herbicide information—Experimental application of herbicides— Appropriation for study. Eurasion water milfoil—Pesticide 2,4-D application. Discharges from agricultural activity—Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use—Minimize the possibility. Discharge of chlorinated organics—Engineering reports by pulp and paper mills—Permits limiting discharge. Water discharge fees. Reduction of sewer overflows—Plans—Compliance schedule. Sewage treatment facilities—Plans to upgrade or construct. Water conservation measures to be considered in sewer plans. Pollution Disclosure Act of 1971. Review of operations before issuance or renewal of wastewater discharge permits—Incorporation of permit conditions. Construction projects involving fill material—Leaching test. Leaching tests—Identification—Report to the legislature. Use attainability analysis of water within federal reclamation project boundaries—Rules. Construction and industrial storm water general permits— Effluent limitations—Report. Construction and industrial storm water general permits— Inspection and compliance. Construction and industrial storm water general permits— Fees. Water quality data—Findings—Intent. Water quality data—Definitions. Water quality data—Credible data, information, literature. Water quality data—When credible. Water quality data—Falsified data—Penalty. On-site sewage disposal system repair and replacement— Loan and grant programs. Severability—1945 c 216. Severability—1967 c 13. Severability—1970 ex.s. c 88. Severability—1971 ex.s. c 180. Severability—1989 c 262. Short title—1971 ex.s. c 180. County water and sewerage systems, approval of the department of social and health services and the department of ecology: RCW 36.94.100. Domestic waste treatment plants—Certification and regulation of operators: Chapter 70.95B RCW. Environmental certification programs—Fees—Rules—Liability: RCW 43.21A.175. Oil and hazardous substance spill prevention and response: Chapter 90.56 RCW. Oil tankers on Puget Sound, restrictions, etc.: RCW 88.16.170 through 88.16.190. Shellfish, sanitary control: RCW 69.30.130. Washington clean air act: Chapter 70.94 RCW. Water-sewer district powers as to mutual systems, approval of exercise by pollution control commission: RCW 57.08.065. Water pollution control facilities, tax exemptions and credits: Chapter 82.34 RCW. Water resources act of 1971: Chapter 90.54 RCW. 90.48.010 Policy enunciated. It is declared to be the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish and other aquatic life, and the industrial development of the state, and to that end require the use of all known available and reasonable methods by industries and others to prevent and control the pollution of the waters of the state of Washington. Consistent with this policy, the state of Washington will exercise its powers, as fully and as effectively as possible, to retain and secure high quality for all waters of the state. The state of Washington in recognition of the federal 90.48.010 (2008 Ed.) 90.48.030 government’s interest in the quality of the navigable waters of the United States, of which certain portions thereof are within the jurisdictional limits of this state, proclaims a public policy of working cooperatively with the federal government in a joint effort to extinguish the sources of water quality degradation, while at the same time preserving and vigorously exercising state powers to insure that present and future standards of water quality within the state shall be determined by the citizenry, through and by the efforts of state government, of the state of Washington. [1973 c 155 § 1; 1945 c 216 § 1; Rem. Supp. 1945 § 10964a.] 90.48.020 Definitions. Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever. Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington. Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Wherever the word "department" is used in this chapter it shall mean the department of ecology. Whenever the word "director" is used in this chapter it shall mean the director of ecology. Whenever the words "aquatic noxious weed" are used in this chapter, they have the meaning prescribed under RCW 17.26.020. Whenever the words "general sewer plan" are used in this chapter they shall be construed to include all sewerage general plans, sewer general comprehensive plans, plans for a system of sewerage, and other plans for sewer systems adopted by a local government entity including but not limited to cities, towns, public utility districts, and water-sewer districts. [2002 c 161 § 4; 1995 c 255 § 7; 1987 c 109 § 122; 1967 c 13 § 1; 1945 c 216 § 2; Rem. Supp. 1945 § 10964b.] 90.48.020 Severability—Effective date—1995 c 255: See RCW 17.26.900 and 17.26.901. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.030 Jurisdiction of department. The department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington. [1987 c 109 § 123; 1945 c 216 § 10; Rem. Supp. 1945 § 10964j. FORMER PART OF 90.48.030 [Title 90 RCW—page 65] 90.48.035 Title 90 RCW: Water Rights—Environment SECTION: 1945 c 216 § 11; Rem. Supp. 1945 § 10964k, now codified as RCW 90.48.035.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.035 Rule-making authority. The department shall have the authority to, and shall promulgate, amend, or rescind such rules and regulations as it shall deem necessary to carry out the provisions of this chapter, including but not limited to rules and regulations relating to standards of quality for waters of the state and for substances discharged therein in order to maintain the highest possible standards of all waters of the state in accordance with the public policy as declared in RCW 90.48.010. [1987 c 109 § 124; 1970 ex.s. c 88 § 11; 1967 c 13 § 6; 1945 c 216 § 11; Rem. Supp. 1945 § 10964k. Formerly RCW 90.48.030, part.] waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters according to the determination of the department, as provided for in this chapter. [1987 c 109 § 126; 1967 c 13 § 8; 1945 c 216 § 14; Rem. Supp. 1945 § 10964n.] 90.48.035 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.037 Authority of department to bring enforcement actions. The department, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, in the name of the people of the state of Washington as may be necessary to carry out the provisions of this chapter or chapter 90.56 RCW. [1991 c 200 § 1102; 1987 c 109 § 125; 1967 c 13 § 7.] 90.48.037 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.090 Right of entry—Special inspection requirements for metals mining and milling operations. The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state. The department shall have special inspection requirements for metals mining and milling operations regulated under chapter 232, Laws of 1994. The department shall inspect these mining and milling operations at least quarterly in order to ensure compliance with the intent and any permit issued pursuant to this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with this chapter. [1994 c 232 § 21; 1987 c 109 § 127; 1945 c 216 § 15; Rem. Supp. 1945 § 10964o.] 90.48.090 Severability—1994 c 232: See RCW 78.56.900. Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.095 Authority of department to compel attendance and testimony of witnesses, production of books and papers—Contempt proceedings to enforce—Fees. In carrying out the purposes of this chapter or chapter 90.56 RCW the department shall, in conjunction with either the adoption of rules, consideration of an application for a waste discharge permit or the termination or modification of such permit, or proceedings in adjudicative hearings, have the authority to issue process and subpoena witnesses effective throughout the state on its own behalf or that of an interested party, compel their attendance, administer oaths, take the testimony of any person under oath and, in connection therewith require the production for examination of any books or papers relating to the matter under consideration by the department. In case of disobedience on the part of any person to comply with any subpoena issued by the department, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the department, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. In connection with the authority granted under this section no witness or other person shall be required to divulge trade secrets or secret processes. Persons responding to a subpoena as provided herein shall be entitled to fees as are witnesses in superior court. [1991 c 200 § 1103; 1987 c 109 § 128; 1967 c 13 § 9.] 90.48.095 90.48.039 Hazardous substance remedial actions— Procedural requirements not applicable. The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090. [1994 c 257 § 19.] 90.48.039 Severability—1994 c 257: See note following RCW 36.70A.270. 90.48.045 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [1997 c 381 § 26.] 90.48.045 Purpose—1997 c 381: See RCW 43.21K.005. 90.48.080 Discharge of polluting matter in waters prohibited. It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such 90.48.080 [Title 90 RCW—page 66] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. (2008 Ed.) Water Pollution Control Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.100 90.48.100 Request for assistance. The department shall have the right to request and receive the assistance of any educational institution or state agency when it is deemed necessary by the department to carry out the provisions of this chapter or chapter 90.56 RCW. [1991 c 200 § 1104; 1987 c 109 § 129; 1945 c 216 § 16; Rem. Supp. 1945 § 10964p.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.110 90.48.110 Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department—Exceptions—Time limitations. (1) Except under subsection (2) of this section, all engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage systems or sewage treatment or disposal plants, and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and be approved by the department, before construction thereof may begin. No approval shall be given until the department is satisfied that said plans and specifications and the methods of operation and maintenance submitted are adequate to protect the quality of the state’s waters as provided for in this chapter. Approval under this chapter is not required for large on-site sewage systems permitted by the department of health under chapter 70.118B RCW or for on-site sewage systems regulated by local health jurisdictions under rules of the state board of health. (2) To promote efficiency in service delivery and intergovernmental cooperation in protecting the quality of the state’s waters, the department may delegate the authority for review and approval of engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage system or sewage treatment or disposal plants, and the proposed method of future operations and maintenance of said facility or facilities and industrial pretreatment systems, to local units of government requesting such delegation and meeting criteria established by the department. (3) For any new or revised general sewer plan submitted for review under this section, the department shall review and either approve, conditionally approve, reject, or request amendments within ninety days of the receipt of the submission of the plan. The department may extend this ninety-day time limitation for new submittals by up to an additional ninety days if insufficient time exists to adequately review the general sewer plan. For rejections of plans or extensions of the timeline, the department shall provide in writing to the local government entity the reason for such action. In addition, the governing body of the local government entity and the department may mutually agree to an extension of the deadlines contained in this section. [2007 c 343 § 13; 2002 c (2008 Ed.) 90.48.140 161 § 5; 1994 c 118 § 1; 1987 c 109 § 130; 1967 c 13 § 10; 1945 c 216 § 17; Rem. Supp. 1945 § 10964q.] Captions and part headings not law—2007 c 343: See RCW 70.118B.900. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.112 Plan evaluation—Consideration of reclaimed water. The evaluation of any plans submitted under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW 90.46.010. Wastewater plans submitted under RCW 90.48.110 must include a statement describing how applicable reclamation and reuse elements will be coordinated as required under RCW 90.46.120(2). [2003 1st sp.s. c 5 § 12; 1997 c 444 § 9.] 90.48.112 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. Severability—1997 c 444: See note following RCW 90.46.010. 90.48.120 Notice of department’s determination that violation has or will occur—Report to department of compliance with determination—Order or directive to be issued—Notice. (1) Whenever, in the opinion of the department, any person shall violate or creates a substantial potential to violate the provisions of this chapter or chapter 90.56 RCW, or fails to control the polluting content of waste discharged or to be discharged into any waters of the state, the department shall notify such person of its determination by registered mail. Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such waste or pollution or to otherwise comply with the determination of the department. Whereupon the department shall issue such order or directive as it deems appropriate under the circumstances, and shall notify such person thereof by registered mail. (2) Whenever the department deems immediate action is necessary to accomplish the purposes of this chapter or chapter 90.56 RCW, it may issue such order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed. [1992 c 73 § 25; 1987 c 109 § 131; 1985 c 316 § 3; 1973 c 155 § 2; 1967 c 13 § 11; 1945 c 216 § 18; Rem. Supp. 1945 § 10964r.] 90.48.120 Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Appeal of orders under RCW 90.48.120(2): RCW 43.21B.310. 90.48.140 Penalty. Any person found guilty of willfully violating any of the provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than 90.48.140 [Title 90 RCW—page 67] 90.48.142 Title 90 RCW: Water Rights—Environment one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter or chapter 90.56 RCW occurs may be deemed a separate and additional violation. [2003 c 53 § 419; 1992 c 73 § 26; 1973 c 155 § 8; 1945 c 216 § 20; Rem. Supp. 1945 § 10964t.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. 90.48.142 Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover. (1) Any person who: (a)(i) Violates any of the provisions of this chapter or chapter 90.56 RCW; (ii) Fails to perform any duty imposed by this chapter or chapter 90.56 RCW; (iii) Violates an order or other determination of the department or the director made pursuant to the provisions of this chapter or chapter 90.56 RCW; (iv) Violates the conditions of a waste discharge permit issued pursuant to RCW 90.48.160; or (v) Otherwise causes a reduction in the quality of the state’s waters below the standards set by the department or, if no standards have been set, causes significant degradation of water quality, thereby damaging the same; and (b) Causes the death of, or injury to, fish, animals, vegetation, or other resources of the state; shall be liable to pay the state and affected counties and cities damages in an amount determined pursuant to RCW 90.48.367. (2) No action shall be authorized under this section against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to RCW 90.48.160. [1991 c 200 § 810; 1989 c 262 § 2; 1988 c 36 § 69; 1987 c 109 § 132; 1985 c 316 § 6; 1970 ex.s. c 88 § 12; 1967 ex.s. c 139 § 13.] 90.48.142 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Findings—1989 c 262: "The legislature finds that there is confusion regarding the measure of damages authorized under RCW 90.48.142. The intent of this act is to clarify existing law on the measure of damages authorized under RCW 90.48.142, not to change the law." [1989 c 262 § 1.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Severability—1967 ex.s. c 139: See RCW 82.34.900. 90.48.144 Violations—Civil penalty—Procedure. Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who: (1) Violates the terms or conditions of a waste discharge permit issued pursuant to RCW 90.48.180 or 90.48.260 through 90.48.262, or (2) Conducts a commercial or industrial operation or other point source discharge operation without a waste discharge permit as required by RCW 90.48.160 or 90.48.260 through 90.48.262, or (3) Violates the provisions of RCW 90.48.080, or other sections of this chapter or chapter 90.56 RCW or rules or orders adopted or issued pursuant to either of those chapters, 90.48.144 [Title 90 RCW—page 68] shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day’s continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation’s impact on public health and/ or the environment in addition to other relevant factors. The penalty herein provided for shall be imposed pursuant to the procedures set forth in RCW 43.21B.300. [1995 c 403 § 636; 1992 c 73 § 27; 1987 c 109 § 17; 1985 c 316 § 2; 1973 c 155 § 9; 1970 ex.s. c 88 § 13; 1967 ex.s. c 139 § 14.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Severability—1967 ex.s. c 139: See RCW 82.34.900. 90.48.150 Construction of chapter. This chapter shall not be construed as repealing any of the laws governing the pollution of the waters of the state, but shall be held and construed as ancillary to and supplementing the same and an addition to the laws now in force, except as the same may be in direct conflict herewith. [1945 c 216 § 21; Rem. Supp. 1945 § 10964u.] 90.48.150 90.48.153 Cooperation with federal government— Federal funds. The department is authorized to cooperate with the federal government and to accept grants of federal funds for carrying out the purposes of this chapter. The department is empowered to make any application or report required by an agency of the federal government as an incident to receiving such grants. [1987 c 109 § 133; 1949 c 58 § 1; Rem. Su pp . 194 9 § 10 964 pp. Fo rm er ly RCW 90.48.040.] 90.48.153 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.156 Cooperation with other states and provinces—Interstate and state-provincial projects. The department is authorized to cooperate with appropriate agencies of neighboring states and neighboring provinces, to enter into contracts, and make contributions toward interstate and state-provincial projects to carry out the purposes of this chapter and chapter 90.56 RCW. [1991 c 200 § 1105; 1987 c 109 § 134; 1949 c 58 § 2; Rem. Supp. 1949 § 10964pp-1. Formerly RCW 90.48.050.] 90.48.156 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. (2008 Ed.) Water Pollution Control 90.48.160 Waste disposal permit—Required— Exemptions. Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the *thermal power plant site evaluation council as provided in RCW 90.48.262(2) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system. The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for: (1) Categories of or individual municipalities or public corporations operating sewerage systems; or (2) Any category of waste disposer; if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter. The department may by rule eliminate the permit requirements for disposing of wastes by upland finfish rearing facilities unless a permit is required under the federal clean water act’s national pollutant discharge elimination system. [1989 c 293 § 2; 1973 c 155 § 3; 1967 c 13 § 13; 1955 c 71 § 1.] 90.48.160 *Reviser’s note: The "thermal power plant site evaluation council" was redesignated the "energy facility site evaluation council" by 1975-’76 2nd ex.s. c 108. 90.48.162 Waste disposal permits required of counties, municipalities and public corporations. Any county or any municipal or public corporation operating or proposing to operate a sewerage system, including any system which collects only domestic sewerage, which results in the disposal of waste material into the waters of the state shall procure a permit from the department of ecology before so disposing of such materials. This section is intended to extend the permit system of RCW 90.48.160 to counties and municipal or public corporations and the provisions of RCW 90.48.170 through 90.48.200 and 90.52.040 shall be applicable to the permit requirement imposed under this section. A permit under this chapter is not required for large on-site sewage systems permitted by the department of health under chapter 70.118B RCW or for on-site sewage systems permitted by local health jurisdictions under rules of the state board of health. [2007 c 343 § 12; 1972 ex.s. c 140 § 1.] 90.48.162 Captions and part headings not law—2007 c 343: See RCW 70.118B.900. 90.48.165 Waste disposal permits required of counties, municipalities and public corporations—Cities, towns or municipal corporations may be granted authority to issue permits—Revocation—Termination of permits. Any city, town or municipal corporation operating a sewerage system including treatment facilities may be granted authority by the department to issue permits for the discharge of wastes to such system provided the department ascertains to its satisfaction that the sewerage system and the inspection and control program operated and conducted by 90.48.165 (2008 Ed.) 90.48.170 the city, town or municipal corporation will protect the public interest in the quality of the state’s waters as provided for in this chapter. Such authority may be granted by the department upon application by the city, town or municipal corporation and may be revoked by the department if it determines that such city, town, or municipal corporation is not, thereafter, operated and conducted in a manner to protect the public interest. Persons holding municipal permits to discharge into sewerage systems operated by a municipal corporation authorized by this section to issue such permits shall not be required to secure a waste discharge permit provided for in RCW 90.48.160 as to the wastes discharged into such sewerage systems. Authority granted by the department to cities, towns, or municipal corporations to issue permits under this section shall be in addition to any authority or power now or hereafter granted by law to cities, towns and municipal corporations for the regulation of discharges into sewerage systems operated by such cities, towns, or municipal corporations. Permits issued under this section shall automatically terminate if the authority to issue the same is revoked by the department. [1987 c 109 § 135; 1967 c 13 § 14.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.170 Waste disposal permits required of counties, municipalities and public corporations—Application—Notice as to new operation or increase in volume— Investigation—Notice to other state departments. Applications for permits shall be made on forms prescribed by the department and shall contain the name and address of the applicant, a description of the applicant’s operations, the quantity and type of waste material sought to be disposed of, the proposed method of disposal, and any other relevant information deemed necessary by the department. Application for permits shall be made at least sixty days prior to commencement of any proposed discharge or permit expiration date, whichever is applicable. Upon receipt of a proper application relating to a new operation, or an operation previously under permit for which an increase in volume of wastes or change in character of effluent is requested over that previously authorized, the department shall instruct the applicant to publish notices thereof by such means and within such time as the department shall prescribe. The department shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county in which the disposal of waste material is proposed to be made and in such other appropriate information media as the department may direct. Said notice shall include a statement that any person desiring to present his or her views to the department with regard to said application may do so in writing to the department, or any person interested in the department’s action on an application for a permit, may submit his or her views or notify the department of his or her interest within thirty days of the last date of publication of notice. Such notification or submission of views to the department shall entitle said persons to a copy of the action taken on the application. Upon receipt by the department of an application, it shall immediately send notice thereof containing pertinent information to the director of fish and wildlife and to the secretary of social and health services. When an application complying with the provisions of this chapter and the 90.48.170 [Title 90 RCW—page 69] 90.48.180 Title 90 RCW: Water Rights—Environment rules and regulations of the department has been filed with the department, it shall be its duty to investigate the application, and determine whether the use of public waters for waste disposal as proposed will pollute the same in violation of the public policy of the state. [1994 c 264 § 91; 1988 c 36 § 70; 1987 c 109 § 136; 1967 c 13 § 15; 1955 c 71 § 2.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.180 Waste disposal permits required of counties, municipalities and public corporations—Issuance— Conditions—Duration. The department shall issue a permit unless it finds that the disposal of waste material as proposed in the application will pollute the waters of the state in violation of the public policy declared in RCW 90.48.010. The department shall have authority to specify conditions necessary to avoid such pollution in each permit under which waste material may be disposed of by the permittee. Permits may be temporary or permanent but shall not be valid for more than five years from date of issuance. [1987 c 109 § 137; 1967 c 13 § 16; 1955 c 71 § 3.] 90.48.180 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.190 Waste disposal permits required of counties, municipalities and public corporations—Termination—Grounds. A permit shall be subject to termination upon thirty days’ notice in writing if the department finds: (1) That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application; (2) That there has been a violation of the conditions thereof; (3) That a material change in quantity or type of waste disposal exists. [1987 c 109 § 138; 1967 c 13 § 17; 1955 c 71 § 4. (1987 3rd ex.s. c 2 § 43 repealed by 1989 c 2 § 24, effective March 1, 1989.)] 90.48.190 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.195 Waste disposal permits required of counties, municipalities and public corporations—Modification or additional conditions may be ordered. In the event that a material change in the condition of the state waters occurs the department may, by appropriate order, modify permit conditions or specify additional conditions in permits previously issued. [1987 c 109 § 139; 1967 c 13 § 18.] 90.48.195 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.200 Waste disposal permits required of counties, municipalities and public corporations—Nonaction upon application—Temporary permit—Duration. In the event of failure of the department to act upon an application within sixty days after it has been filed the applicant shall be deemed to have received a temporary permit. Said permit shall authorize the applicant to discharge wastes into waters of the state as requested in its application only until such time as the department shall have taken action upon said application. [1987 c 109 § 140; 1967 c 13 § 19; 1955 c 71 § 5.] 90.48.200 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. [Title 90 RCW—page 70] 90.48.215 Upland finfish facilities—Waste discharge standards—Waste disposal permit. (1) The following definition shall apply to this section: "Upland finfish hatching and rearing facilities" means those facilities not located within waters of the state where finfish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. This shall include fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facilities. (2) Not later than September 30, 1989, the department shall adopt standards pursuant to chapter 34.05 RCW for waste discharges from upland finfish hatching and rearing facilities. In establishing these standards, the department shall incorporate, to the extent applicable, studies conducted by the United States environmental protection agency on finfish rearing facilities and other relevant information. The department shall also issue a general permit as authorized by the federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by September 30, 1989, for upland finfish hatching and rearing facilities. The department shall approve or deny applications for coverage under the general permit for upland finfish hatching and rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants for coverage by a general permit as soon as it determines that a proposed discharge meets or fails to comply with the standards or general permit conditions set forth pursuant to this section, or that a time period longer than one hundred eighty days is necessary to satisfy public participation requirements or the state environmental policy act. [1989 c 293 § 1.] 90.48.215 90.48.220 Marine finfish rearing facilities—Waste discharge standards—Discharge permit applications— Exemption. (1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. (2) Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities. (3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. 90.48.220 (2008 Ed.) Water Pollution Control The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act. (4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement. [1993 c 296 § 1.] 90.48.230 Application of administrative procedure law to rule making and adjudicative proceedings. The provisions of chapter 34.05 RCW, the Administrative Procedure Act, apply to all rule making and adjudicative proceedings authorized by or arising under the provisions of this chapter. [1989 c 175 § 181; 1967 c 13 § 21.] 90.48.230 Effective date—1989 c 175: See note following RCW 34.05.010. 90.48.240 Water pollution orders for conditions requiring immediate action—Appeal. Notwithstanding any other provisions of this chapter or chapter 90.56 RCW, whenever it appears to the director that water quality conditions exist which require immediate action to protect the public health or welfare, or that a person required by RCW 90.48.160 to obtain a waste discharge permit prior to discharge is discharging without the same, or that a person conducting an operation which is subject to a permit issued pursuant to RCW 90.48.160 conducts the same in violation of the terms of said permit, causing water quality conditions to exist which require immediate action to protect the public health or welfare, the director may issue a written order to the person or persons responsible without prior notice or hearing, directing and affording the person or persons responsible the alternative of either (1) immediately discontinuing or modifying the discharge into the waters of the state, or (2) appearing before the department at the time and place specified in said written order for the purpose of providing to the department information pertaining to the violations and conditions alleged in said written order. The responsible person or persons shall be afforded not less than twenty-four hours notice of such an information meeting. If following such a meeting the department determines that water quality conditions exist which require immediate action as described herein, the department may issue a written order requiring immediate discontinuance or modification of the discharge into the waters of the state. In the event an order is not immediately complied with the attorney general, upon request of the department, shall seek and obtain an order of the superior court of the county in which the violation took place directing compliance with the order of the department. Such an order is appealable pursuant to RCW 43.21B.310. [1991 c 200 § 1106; 1987 c 109 § 15; 1967 c 13 § 22.] 90.48.240 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.250 Agreements or contracts to monitor waters and effluent discharge. The department is authorized to 90.48.250 (2008 Ed.) 90.48.260 make agreements and enter into such contracts as are appropriate to carry out a program of monitoring the condition of the waters of the state and the effluent discharged therein, including contracts to monitor effluent discharged into public waters when such monitoring is required by the terms of a waste discharge permit or as part of the approval of a sewerage system, if adequate compensation is provided to the department as a term of the contract. [1987 c 109 § 141; 1967 c 13 § 23.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.260 Federal clean water act—Department designated as state agency, authority—Delegation of authority—Powers, duties, and functions. The department of ecology is hereby designated as the state water pollution control agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act. With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound partnership, created in RCW 90.71.210. The department of ecology may delegate its authority under this chapter, including its national pollutant discharge elimination permit system authority and duties regarding animal feeding operations and concentrated animal feeding operations, to the department of agriculture through a memorandum of understanding. Until any such delegation receives federal approval, the department of agriculture’s adoption or issuance of animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives pertaining to water quality shall be accomplished after reaching agreement with the director of the department of ecology. Adoption or issuance and implementation shall be accomplished so that compliance with such animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives will achieve compliance with all federal and state water pollution control laws. The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following: (1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2). Program elements authorized herein may include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which 90.48.260 [Title 90 RCW—page 71] 90.48.261 Title 90 RCW: Water Rights—Environment relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges. (2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs. (3) The power to develop and implement appropriate programs pertaining to continuing planning processes, areawide waste treatment management plans, and basin planning. The governor shall have authority to perform those actions required of him or her by the federal clean water act. [2007 c 341 § 55; 2003 c 325 § 7; 1988 c 220 § 1; 1983 c 270 § 1; 1979 ex.s. c 267 § 1; 1973 c 155 § 4; 1967 c 13 § 24.] Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Intent—Finding—2003 c 325: See note following RCW 90.64.030. Severability—1983 c 270: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 270 § 5.] 90.48.261 Exercise of powers under RCW 90.48.260—Aquatic resource mitigation. When exercising its powers under RCW 90.48.260, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030. [1997 c 424 § 7.] 90.48.261 90.48.262 Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures. (1) The powers established under RCW 90.48.260 shall be implemented by the department through the adoption of rules in every appropriate situation. The permit program authorized under RCW 90.48.260(1) shall constitute a continuation of the established permit program of RCW 90.48.160 and other applicable sections within chapter 90.48 RCW. The appropriate modifications as authorized in *this 1973 amendatory act are designed to avoid duplication and other wasteful practices and to insure that the state permit program contains all required elements of and is compatible with the requirements of any national permit system. (2) Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation council: PROVIDED, That such permits shall become effective only if the governor approves an application for certification and executes a certification agreement pursuant to said chapter. The council shall have all powers necessary to establish and administer a point source discharge permit program pertaining to such plants, consistent with applicable receiving water quality standards established by the department, and to qualify for full participation in any national waste discharge or pollution discharge elimination permit system. The council and the department shall each adopt, by rules, procedures 90.48.262 [Title 90 RCW—page 72] which will provide maximum coordination and avoid duplication between the two agencies with respect to permits in carrying out the requirements of *this act including, but not limited to, monitoring and enforcement of certification agreements, and in qualifying for full participation in any such national system. [1975-’76 2nd ex.s. c 108 § 41; 1973 c 155 § 5.] *Reviser’s note: "This 1973 amendatory act" and "this act" apparently refer to 1973 c 155, which consists of this section, amendments to RCW 90.48.010, 90.48.120, 90.48.140, 90.48.144, 90.48.160, and 90.48.260, and the repeal of RCW 90.48.070. Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes following RCW 43.21F.010. 90.48.264 Federal clean water act—Rules for on-site sewage disposal systems adjacent to marine waters. In implementing this chapter and in participating in programs under the federal clean water act, the department may consult with the department of social and health services concerning standards for repair of existing, failing on-site sewage disposal systems that are adjacent to marine waters. By January 1, 1989, the department of social and health services shall propose rules for adoption by the state board of health identifying the standards for repair of existing, failing on-site sewage disposal systems at single-family residences that were legally occupied prior to June 9, 1988, and that are adjacent to marine waters. The rules may specify the design, operation and maintenance standards for such repaired systems so as to ensure protection of the public health, attainment of state water quality standards and the protection of shellfish and other public resources. The rules shall also provide that any proposed discharge to marine water shall be considered only if on-site sewage disposal systems are not feasible and that such discharges shall meet the requirements of this chapter and department of ecology regulations. The state board of health shall adopt such proposed rules unless the board finds modification or rejection of them necessary to protect the public health. [1988 c 220 § 2.] 90.48.264 90.48.270 Sewage drainage basins—Authority of department to delineate and establish. The department shall have authority to delineate and establish sewage drainage basins in the state for the purpose of developing and/or adopting comprehensive plans for the control and abatement of water pollution within such basins. Basins may include, but are not limited to, rivers and their tributaries, streams, coastal waters, sounds, bays, lakes, and portions or combinations thereof, as well as the lands drained thereby. [1987 c 109 § 142; 1967 c 13 § 26.] 90.48.270 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Aquifer protection areas: Chapter 36.36 RCW. 90.48.280 Sewage drainage basins—Comprehensive plans for sewage drainage basins. The department is authorized to prepare and/or adopt a comprehensive water pollution control and abatement plan and to make subsequent amendments thereto, for each basin established pursuant to RCW 90.48.270. Comprehensive plans for sewage drainage basins may be prepared by any municipality and submitted to the department for adoption. 90.48.280 (2008 Ed.) Water Pollution Control Prior to adopting a comprehensive plan for any basin or any subsequent amendment thereof the department shall hold a public hearing thereon. Notice of such hearing shall be given by registered mail, together with copies of the proposed plan, to each municipality, or other political subdivision, within the basin exercising a sewage disposal function, at least twenty days prior to the hearing date. Such hearing may be continued from time to time and, at the termination thereof, the department may reject the plan proposed or adopt it with such modifications as it shall deem proper. Following adoption of a comprehensive plan for any basin, the department shall require compliance with such plan by any municipality or person operating or constructing a sewage collection, treatment or disposal system or plant, or any improvement to or extension of an existing sewage collection, treatment or disposal system or plant, within the basin. [1987 c 109 § 143; 1967 c 13 § 27.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.48.285 Contracts with municipal or public corporations and political subdivisions to finance water pollution control projects—Requisites—Priorities. The department is authorized to enter into contracts with any municipal or public corporation or political subdivision within the state for the purpose of assisting such agencies to finance the design and construction of water pollution control projects, whether procured through chapter 39.10 or 70.150 RCW, or otherwise, that are necessary to prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of the state, including but not limited to, systems for the control of storm or surface waters which will provide for the removal of waste or polluting materials in a manner conforming to the comprehensive plan of water pollution control and abatement proposed by the agencies and approved by the department. Any such contract may provide for: The payment by the department to a municipal or public corporation or political subdivision on a monthly, quarterly, or annual basis of varying amounts of moneys as advances which shall be repayable by said municipal or public corporation, or political subdivision under conditions determined by the department. Contracts made by the department shall be subject to the following limitations: (1) No contract shall be made unless the department shall find that the project cannot be financed at reasonable cost or within statutory limitations by the borrower without the making of such contract. (2) No contract shall be made with any public or municipal corporation or political subdivision to assist in the financing of any project located within a sewage drainage basin for which the department shall have previously adopted a comprehensive water pollution control and abatement plan unless the project is found by the department to conform with the basin comprehensive plan. (3) The department shall determine the interest rate, not to exceed ten percent per annum, which such advances shall bear. (4) The department shall provide such reasonable terms and conditions of repayment of advances as it may determine. 90.48.290 (5) The total outstanding amount which the department may at any time be obligated to pay under all outstanding contracts made pursuant to this section shall not exceed the moneys available for such payment. (6) Municipal or public corporations or political subdivisions shall meet such qualifications and follow such procedures in applying for contract assistance as shall be established by the department. In making such contracts the department shall give priority to projects which will provide relief from actual or potential public health hazards or water pollution conditions and which provide substantial capacity beyond present requirements to meet anticipated future demand. [2005 c 469 § 4; 1987 c 109 § 144; 1980 c 32 § 13; 1969 ex.s. c 141 § 1.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Severability—1969 ex.s. c 141: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected." [1969 ex.s. c 141 § 2.] 90.48.285 (2008 Ed.) 90.48.290 Grants to municipal or public corporations or political subdivisions to aid water pollution control projects—Limitations. The department is authorized to make and administer grants within appropriations authorized by the legislature to any municipal or public corporation, or political subdivision within the state for the purpose of aiding in the construction of water pollution control projects necessary to prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of the state including, but not limited to, projects for the control of storm or surface waters which will provide for the removal of waste or polluting materials therefrom. Grants so made by the department shall be subject to the following limitations: (1) No grant shall be made in an amount which exceeds the recipient’s contribution to the estimated cost of the project: PROVIDED, That the following shall be considered a part of the recipient’s contribution: (a) Any grant received by the recipient from the federal government pursuant to section 8(f) of the Federal Water Pollution Control Act (33 U.S.C. 466) for the project; (b) Any expenditure which is made by any municipal or public corporation, or political subdivision within the state as a part of a joint effort with the recipient to carry out the project and which has not been used as a matching contribution for another grant made pursuant to this chapter, and (c) Any expenditure for the project made by the recipient out of moneys advanced by the department from a revolving fund and repayable to said fund. (2) No grant shall be made for any project which does not qualify for and receive a grant of federal funds under the provisions of the Federal Water Pollution Control Act as now or hereafter amended: PROVIDED, That this restriction shall not apply to state grants made in any biennium over and above the amount of such grants required to match all federal funds allocated to the state for such biennium. (3) No grant shall be made to any municipal or public corporation, or political subdivision for any project located within a drainage basin unless the department shall have previously adopted a comprehensive water pollution control and 90.48.290 [Title 90 RCW—page 73] 90.48.300 Title 90 RCW: Water Rights—Environment abatement plan and unless the project is found by the department to conform with such basin comprehensive plan: PROVIDED, That the requirement for a project to conform to a comprehensive water pollution control and abatement plan may be waived by the department for any grant application filed with the department prior to July 1, 1974, in those situations where the department finds the public interest would be served better by approval of any grant application made prior to adoption of such plan than by its denial. (4) Recipients of grants shall meet such qualifications and follow such procedures in applying for grants as shall be established by the department. (5) Grants may be made to reimburse recipients for expenditures made after July 1, 1967 for projects which meet the requirements of this section and were commenced after the recipient had filed a grant application with the department. [1987 c 109 § 145; 1969 ex.s. c 284 § 1; 1967 c 13 § 28.] Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Severability—1969 ex.s. c 284: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1969 ex.s. c 284 § 24.] 90.48.300 Pollution control facilities—Tax exemptions and credits. See chapter 82.34 RCW. 90.48.300 90.48.310 Application of barley straw to waters of the state. (1) Notwithstanding any other provisions of this chapter, the application of barley straw to waters of the state for the purposes of water clarification does not require a state waste discharge permit as long as the following provisions are met: (a) The barley straw is applied at a rate of up to two hundred twenty-five pounds per acre of surface water; (b) Whole bales or tightly packed straw are not used. Straw must be loosely packed in nylon or mesh bags; (c) Bags of straw are placed where control is desired, such as around docks and swim areas, and around inlets to aid in aeration or mixing; (d) The bags must be staked or anchored in place; (e) Straw is placed in early spring, prior to the growth of algae; and (f) Bags are removed four to six months after placement and must not be left in the water over winter. (2) The placement of barley straw into waters of the state in any other instance is not authorized absent a permit. (3) This section does not alter any permit requirement that may exist under chapter 77.55 RCW. [2007 c 30 § 1.] 90.48.310 90.48.364 Discharge of oil into waters of the state— Definitions. For the purposes of this chapter, "technical feasibility" or "technically feasible" means that given available technology, a restoration or enhancement project can be successfully completed at a cost that is not disproportionate to the value of the resource before the injury. [1991 c 200 § 811.] 90.48.364 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. [Title 90 RCW—page 74] 90.48.366 Discharge of oil into waters of the state— Compensation schedule. The department, in consultation with the departments of fish and wildlife and natural resources, and the parks and recreation commission, shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56 RCW. The amount of compensation assessed under this schedule shall be no less than one dollar per gallon of oil spilled and no greater than one hundred dollars per gallon of oil spilled. The compensation schedule shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost for any adverse environmental, recreational, aesthetic, or other effects caused by the spill and shall take into account: (1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources; (2) The sensitivity of the affected area as determined by such factors as: (a) The location of the spill; (b) habitat and living resource sensitivity; (c) seasonal distribution or sensitivity of living resources; (d) areas of recreational use or aesthetic importance; (e) the proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law; (f) significant archaeological resources as determined by the department of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department; and (3) Actions taken by the party who spilled oil or any party liable for the spill that: (a) Demonstrate a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment; or (b) enhance or impede the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife. [2007 c 347 § 1; 1994 sp.s. c 9 § 855; 1992 c 73 § 28; 1991 c 200 § 812; 1989 c 388 § 2.] 90.48.366 Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010. 90.48.367 Discharge of oil into waters of the state— Assessment of compensation. (1) After a spill or other incident causing damages to the natural resources of the state, the department shall conduct a formal preassessment screening as provided in RCW 90.48.368. (2) The department shall use the compensation schedule established under RCW 90.48.366 to determine the amount of damages if the preassessment screening committee determines that: (a) Restoration or enhancement of the injured resources is not technically feasible; (b) damages are not quantifiable at a reasonable cost; and (c) the restoration and enhancement projects or studies proposed by the liable par90.48.367 (2008 Ed.) Water Pollution Control ties are insufficient to adequately compensate the people of the state for damages. (3) If the preassessment screening committee determines that the compensation schedule should not be used, compensation shall be assessed for the amount of money necessary to restore any damaged resource to its condition before the injury, to the extent technically feasible, and compensate for the lost value incurred during the period between injury and restoration. (4) Restoration shall include the cost to restock such waters, replenish or replace such resources, and otherwise restore the stream, lake, or other waters of the state, including any estuary, ocean area, submerged lands, shoreline, bank, or other lands adjoining such waters to its condition before the injury, as such condition is determined by the department. The lost value of a damaged resource shall be equal to the sum of consumptive, nonconsumptive, and indirect use values, as well as lost taxation, leasing, and licensing revenues. Indirect use values may include existence, bequest, option, and aesthetic values. Damages shall be determined by generally accepted and cost-effective procedures, including, but not limited to, contingent valuation method studies. (5) Compensation assessed under this section shall be recoverable in an action brought by the attorney general on behalf of the people of the state of Washington and affected counties and cities in the superior court of Thurston county or any county in which damages occurred. Moneys recovered by the attorney general under this section shall be deposited in the coastal protection fund established under RCW 90.48.390, and shall only be used for the purposes stated in RCW 90.48.400. (6) Compensation assessed under this section shall preclude claims under this chapter by local governments for compensation for damages to publicly owned resources resulting from the same incident. [1991 c 200 § 813; 1989 c 388 § 3.] Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010. 90.48.368 Discharge of oil into waters of the state— Preassessment screening. (1) The department shall adopt rules establishing a formal process for preassessment screening of damages resulting from spills to the waters of the state causing the death of, or injury to, fish, animals, vegetation, or other resources of the state. The rules shall specify the conditions under which the department shall convene a preassessment screening committee. The preassessment screening process shall occur concurrently with reconnaissance activities. The committee shall use information obtained from reconnaissance activities as well as any other relevant resource and resource use information. For each incident, the committee shall determine whether a damage assessment investigation should be conducted, or, whether the compensation schedule authorized under RCW 90.48.366 and 90.48.367 should be used to assess damages. The committee may accept restoration or enhancement projects or studies proposed by the liable parties in lieu of some or all of: (a) The compensation schedule authorized under RCW 90.48.368 (2008 Ed.) 90.48.368 90.48.366 and 90.48.367; or (b) the claims from damage assessment studies authorized under RCW 90.48.142. (2) A preassessment screening committee may consist of representatives of the departments of ecology, archaeology and historic preservation, fish and wildlife, health, and natural resources, and the parks and recreation commission, as well as other federal, state, and local agencies, and tribal and local governments whose presence would enhance the reconnaissance or damage assessment aspects of spill response. The department shall chair the committee and determine which representatives will be needed on a spill-by-spill basis. (3) The committee shall consider the following factors when determining whether a damage assessment study authorized under RCW 90.48.367 should be conducted: (a) Whether evidence from reconnaissance investigations suggests that injury has occurred or is likely to occur to publicly owned resources; (b) the potential loss in services provided by resources injured or likely to be injured and the expected value of the potential loss; (c) whether a restoration project to return lost services is technically feasible; (d) the accuracy of damage quantification methods that could be used and the anticipated cost-effectiveness of applying each method; (e) the extent to which likely injury to resources can be verified with available quantification methods; and (f) whether the injury, once quantified, can be translated into monetary values with sufficient precision or accuracy. (4) When a resource damage assessment is required for an oil spill in the waters of the state, as defined in RCW 90.56.010, the state trustee agency responsible for the resource and habitat damaged shall conduct the damage assessment and pursue all appropriate remedies with the responsible party. (5) Oil spill damage assessment studies authorized under RCW 90.48.367 may only be conducted if the committee, after considering the factors enumerated in subsection (3) of this section, determines that the damages to be investigated are quantifiable at a reasonable cost and that proposed assessment studies are clearly linked to quantification of the damages incurred. (6) As new information becomes available, the committee may reevaluate the scope of damage assessment using the factors listed in subsection (3) of this section and may reduce or expand the scope of damage assessment as appropriate. (7) The preassessment screening process shall provide for the ongoing involvement of persons who may be liable for damages resulting from an oil spill. The department may negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the compensation authorized under RCW 90.48.366 and 90.48.367 or the damage assessment studies authorized under RCW 90.48.367. (8) For the purposes of this section and RCW 90.48.367, the cost of a damage assessment shall be considered "reasonable" when the anticipated cost of the damage assessment is expected to be less than the anticipated damage that may have occurred or may occur. [2007 c 347 § 2; 1994 c 264 § 92; 1992 c 73 § 29; 1991 c 200 § 814; 1989 c 388 § 4.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. [Title 90 RCW—page 75] 90.48.386 Title 90 RCW: Water Rights—Environment Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010. 90.48.386 Department of natural resources leases. After May 15, 1991, the department of natural resources shall include in its leases for onshore and offshore facilities the following provisions: (1) Require those wishing to lease, sublease, or re-lease state-owned aquatic lands to comply with the provisions of this chapter; (2) Require lessees and sublessees to operate according to the plan of operations and to keep the plan current in compliance with this chapter; and (3) Include in its leases provisions that a violation by the lessee or sublessee of the provisions of this chapter may be grounds for termination of the lease. [1991 c 200 § 1101.] 90.48.386 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 90.48.390 Coastal protection fund—Established— Moneys credited to—Use. The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of restoration of natural resources under this chapter and chapter 90.56 RCW. To this fund there shall be credited penalties, fees, damages, charges received pursuant to the provisions of this chapter and chapter 90.56 RCW, compensation for damages received under this chapter and chapter 90.56 RCW, and an amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330. Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its powers, duties, and functions under RCW 90.48.142, 90.48.366, 90.48.367, and 90.48.368 shall be deposited with the state treasurer to the credit of the fund. During the 2007-2009 fiscal biennium, the coastal protection fund may also be used for a standby rescue tug at Neah Bay. [2008 c 329 § 925; 1991 sp.s. c 13 § 84; 1991 c 200 § 815; 1989 c 388 § 7; 1989 c 262 § 3; 1971 ex.s. c 180 § 4.] 90.48.390 Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010. Findings—1989 c 262: See note following RCW 90.48.142. 90.48.400 Coastal protection fund—Disbursal of moneys from. (1) Moneys in the coastal protection fund shall be disbursed for the following purposes and no others: (a) Environmental restoration and enhancement projects intended to restore or enhance environmental, recreational, archaeological, or aesthetic resources for the benefit of Washington’s citizens; (b) Investigations of the long-term effects of oil spills; and (c) Development and implementation of an aquatic land geographic information system. 90.48.400 [Title 90 RCW—page 76] (2) The director may allocate a portion of the fund to be devoted to research and development in the causes, effects, and removal of pollution caused by the discharge of oil or other hazardous substances. (3) A steering committee consisting of representatives of the departments of ecology, fish and wildlife, and natural resources, and the parks and recreation commission shall authorize the expenditure of the moneys collected under RCW 90.48.366 through 90.48.368, after consulting impacted local agencies and local and tribal governments. (4) Agencies may not be reimbursed from the coastal protection fund for the salaries and benefits of permanent employees for routine operational support. Agencies may only be reimbursed under this section if money for reconnaissance and damage assessment activities is unavailable from other sources. [1994 c 264 § 93; 1992 c 73 § 30; 1991 c 200 § 816; 1990 c 116 § 14. Prior: 1989 c 388 § 8; 1989 c 262 § 4; 1971 ex.s. c 180 § 5.] Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010. Findings—1989 c 262: See note following RCW 90.48.142. 90.48.420 Water quality standards affected by forest practices—Department of ecology solely responsible for water quality standards—Forest practices rules—Adoption—Examination—Enforcement procedures. (1) The department of ecology, pursuant to powers vested in it previously by chapter 90.48 RCW and consistent with the policies of said chapter and RCW 90.54.020(3), shall be solely responsible for establishing water quality standards for waters of the state. On or before January 1, 1975, the department of ecology shall examine existing rules containing water quality standards and other applicable rules of said department pertaining to waters of the state affected by nonpoint sources of pollution arising from forest practices and, when it appears appropriate to the department of ecology, modify said rules. In any such examination or modification the department of ecology shall consider such factors, among others, as uses of the receiving waters, diffusion, downstream cooling, and reasonable transient and short-term effects resulting from forest practices. Adoption of forest practices rules pertaining to water quality by the forest practices board shall be accomplished after reaching agreement with the director of the department or the director’s designee on the board. Adoption shall be accomplished so that compliance with such forest practice[s] rules will achieve compliance with water pollution control laws. (2) The department of ecology shall monitor water quality to determine whether revisions in such water quality standards or revisions in such forest practices rules are necessary to accomplish the foregoing result, and either adopt appropriate revisions to such water quality standards or propose appropriate revisions to such forest practices rules or both. 90.48.420 (2008 Ed.) Water Pollution Control (3) Notwithstanding any other provisions of chapter 90.48 RCW or of the rules adopted thereunder, no permit system pertaining to nonpoint sources of pollution arising from forest practices shall be authorized, and no civil or criminal penalties shall be imposed with respect to any forest practices conducted in full compliance with the applicable provisions of RCW 76.09.010 through 76.09.280, forest practices rules, and any approvals or directives of the department of natural resources thereunder. (4) Prior to the department of ecology taking action under statutes or rules relating to water quality, regarding violations of water quality standards arising from forest practices, the department of ecology shall notify the department of natural resources. [1999 sp.s. c 4 § 1101; 1975 1st ex.s. c 200 § 13; 1974 ex.s. c 137 § 30.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective dates—1974 ex.s. c 137: See RCW 76.09.925. 90.48.445 son to mitigate or remedy a water quality violation or problem to the extent there is substantial evidence such person has caused such violation or problem. [2003 1st sp.s. c 15 § 1.] 90.48.425 90.48.425 Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act. The forest practices act, chapter 76.09 RCW, and the forest practices regulations adopted thereunder relating to water quality protection shall be utilized to satisfy the planning and program requirements of sections 208, 209, and 305 of the federal Water Pollution Control Act, as regards silvicultural activities, unless it is determined by the department of ecology that extraordinary conditions exist which make forest practices regulations unsuitable to satisfy such federal requirements. [1975 1st ex.s. c 200 § 14.] Provisions of state law pertaining to federal clean water act: RCW 90.48.260, 90.48.262. Severability—1974 ex.s. c 137: See RCW 76.09.935. Forest practices: Chapter 76.09 RCW. Right of entry to administer this section: RCW 76.09.160. 90.48.422 Water quality standards—Compliance methods—Department authority. (1) The legislature finds that the courts have rendered decisions in Elkhorn (Public Utility District No. 1 v. Washington Department of Ecology, 511 U.S. 700, 114 S. Ct. 1900, 128 L.Ed. 2d 716 (1994)) and Sullivan Creek (Public Utility District No. 1 of Pend Oreille County v. Washington Department of Ecology, 146 Wn.2d 778, 51 P.3d 744 (2002)) related to water quality certifications issued under section 401 of the clean water act, 33 U.S.C. 1251 et seq. Enactment of this legislation does not expand or contract the legal holdings of these decisions and does not affect in any way the application of these holdings to any future case or fact pattern related to water quality certifications issued for federally licensed hydropower facilities under section 401 of the clean water act, 33 U.S.C. 1251 et seq. (2) When a water quality standard cannot be reasonably met through the issuance of permits or regulatory orders issued under the authority of this chapter, the department may use voluntary, incentive-based methods including funding of water conservation projects, lease and purchase of water rights, development of new storage projects, or habitat restoration projects in an attempt to meet water quality standards. (3) The department may not abrogate, supersede, impair, or condition the ability of a water right holder to fully divert or withdraw water under a water right permit, certificate, statutory exemption, or claim granted or recognized under chapter 90.03, 90.14, or 90.44 RCW through the authority granted to the department in this chapter. However, nothing in chapter 15, Laws of 2003 1st sp. sess. shall be construed to affect the department’s authority related to the issuance of certifications under section 401 of the federal clean water act, 33 U.S.C. 1251 et seq., with respect to the application of federally authorized water quality standards, for federal energy regulatory commission licensed hydropower projects as provided under this chapter and chapter 90.74 RCW. With respect to federal energy regulatory commission licensed hydropower projects, the department may only require a per90.48.422 (2008 Ed.) 90.48.430 90.48.430 Watershed restoration projects— Approval process—Waiver of public review. A permit, certification, or other approval required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. Public review of proposed watershed restoration projects may be shortened or waived by the department. [1995 c 378 § 15.] 90.48.445 90.48.445 Aquatic noxious weed control—Water quality permits—Definition. (1) The director shall issue or approve water quality permits for use by federal, state, or local governmental agencies and licensed applicators for the purpose of using, for aquatic noxious weed control, herbicides and surfactants registered under state or federal pesticide control laws, and for the purpose of experimental use of herbicides on aquatic sites, as defined in 40 C.F.R. Sec. 172.3. The issuance of the permits shall be subject only to compliance with: Federal and state pesticide label requirements, the requirements of the federal insecticide, fungicide, and rodenticide act, the Washington pesticide control act, the Washington pesticide application act, and the state environmental policy act, except that: (a) When the director issues water quality permits for the purpose of using glyphosate and surfactants registered by the department of agriculture to control spartina, as defined by RCW 17.26.020, the water quality permits shall contain the following criteria: (i) Spartina treatment shall occur between June 1st and October 31st of each year unless the department, the department of agriculture, and the department of fish and wildlife agree to add additional dates beyond this period, except that no aerial application shall be allowed on July 4th or Labor Day and for ground application on those days the applicator shall post signs at each corner of the treatment area; (ii) The applicator shall take all reasonable precautions to prevent the spraying of nontarget vegetation and nonvegetated areas; (iii) A period of fourteen days between treatments is required prior to re-treating the previously treated areas; [Title 90 RCW—page 77] 90.48.447 Title 90 RCW: Water Rights—Environment (iv) Aerial or ground broadcast application shall not be made when the wind speed exceeds ten miles per hour; and (v) An application shall not be made when a tidal regime leaves the plants dry for less than four hours. (b) The director shall issue water quality permits for the purpose of using herbicides or surfactants registered by the department of agriculture to control aquatic noxious weeds, other than spartina, and the permit shall state that aerial and ground broadcast applications may not be made when the wind speed exceeds ten miles per hour. (c) The director shall issue water quality permits for the experimental use of herbicides on aquatic sites, as defined in 40 C.F.R. Sec. 172.3, when the department of agriculture has issued an experimental use permit, under the authority of RCW 15.58.405(3). Because of the small geographic areas involved and the short duration of herbicide application, water quality permits issued under this subsection are not subject to state environmental policy act review. (2) Applicable requirements established in an option or options recommended for controlling the noxious weed by a final environmental impact statement published under chapter 43.21C RCW by the department prior to May 5, 1995, by the department of agriculture, or by the department of agriculture jointly with other state agencies shall be considered guidelines for the purpose of granting the permits issued under this chapter. This section may not be construed as requiring the preparation of a new environmental impact statement to replace a final environmental impact statement published before May 5, 1995, but instead shall authorize the department of agriculture, as lead agency for the control of spartina under RCW 17.26.015, to supplement, amend, or issue addenda to the final environmental impact statement published before May 5, 1995, which may assess the environmental impact of the application of stronger concentrations of active ingredients, altered application patterns, or other changes as the department of agriculture deems appropriate. (3) The director of ecology may not utilize this permit authority to otherwise condition or burden weed control efforts. Except for permits issued by the director under subsection (1)(c) of this section, permits issued under this section are effective for five years, unless a shorter duration is requested by the applicant. The director’s authority to issue water quality modification permits for activities other than the application of surfactants and approved herbicides, to control aquatic noxious weeds or the experimental use of herbicides used on aquatic sites, as defined in 40 C.F.R. Sec. 172.3, is unaffected by this section. (4) As used in this section, "aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080. [1999 sp.s. c 11 § 1; 1995 c 255 § 3.] Effective date—1999 sp.s. c 11: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 7, 1999]." [1999 sp.s. c 11 § 2.] Severability—Effective date—1995 c 255: See RCW 17.26.900 and 17.26.901. 90.48.447 Aquatic plant management program— Commercial herbicide information—Experimental application of herbicides—Appropriation for study. (1) The department of ecology shall update the final supplemental 90.48.447 [Title 90 RCW—page 78] environmental impact statement completed in 1992 for the aquatic plant management program to reflect new information on herbicides evaluated in 1992 and new, commercially available herbicides. The department shall maintain the currency of the information on herbicides and evaluate new herbicides as they become commercially available. (2) For the 1999 treatment season, the department shall permit by May 15, 1999, municipal experimental application of herbicides such as hydrothol 191 for algae control in lakes managed under chapter 90.24 RCW. If experimental use is determined to be ineffective, then the department shall within fourteen days consult with other state, federal, and local agencies and interested parties, and may permit the use of copper sulfate. The Washington institute for public policy shall contract for a study on the lake-wide effectiveness of any herbicide used under this subsection. Prior to issuing the contract for the study, the institute for public policy shall determine the parameters of the study in consultation with licensed applicators who have recent experience treating the lake and with the nonprofit corporation that participated in centennial clean water fund phase one lake management studies for the lake. The parameters must include measurement of the lake-wide effectiveness of the application of the herbicide in maintaining beneficial uses of the lake, including any uses designated under state or federal water quality standards. The effectiveness of the application shall be determined by objective criteria such as turbidity of the water, the effectiveness in killing algae, any harm to fish or wildlife, any risk to human health, or other criteria developed by the institute. The results of the study shall be reported to the appropriate legislative committees by December 1, 1999. A general fund appropriation in the amount of $35,000 is provided to the Washington institute for public policy for fiscal year 1999 for the study required under this subsection. [1999 c 255 § 2.] Findings—Purpose—1999 c 255: "The legislature finds that the environmental, recreational, and aesthetic values of many of the state’s lakes are threatened by the invasion of nuisance and noxious aquatic weeds. Once established, these nuisance and noxious aquatic weeds can colonize the shallow shorelines and other areas of lakes with dense surface vegetation mats that degrade water quality, pose a threat to swimmers, and restrict use of lakes. Algae can generate health and safety conditions dangerous to fish, wildlife, and humans. The current environmental impact statement is causing difficulty in responding to environmentally damaging weed and algae problems. Many commercially available herbicides have been demonstrated to be effective in controlling nuisance and noxious aquatic weeds and algae and do not pose a risk to the environment or public health. The purpose of this act is to allow the use of commercially available herbicides that have been approved by the environmental protection agency and the department of agriculture and subject to rigorous evaluation by the department of ecology through an environmental impact statement for the aquatic plant management program." [1999 c 255 § 1.] Effective date—1999 c 255: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 1999]." [1999 c 255 § 5.] 90.48.448 Eurasian water milfoil—Pesticide 2,4-D application. (1) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW 90.48.445, if the milfoil infestation is either recently documented or remaining after the application of other control 90.48.448 (2008 Ed.) Water Pollution Control measures, and is limited to twenty percent or less of the littoral zone of the lake. Any pesticide application made under this section must be made according to all label requirements for the product and must meet the public notice requirements of subsection (2) of this section. (2) Before applying 2,4-D, the government entity shall: (a) Provide at least twenty-one days’ notice to the department of ecology, the department of fish and wildlife, the department of agriculture, the department of health, and all lake residents; (b) post notices of the intent to apply 2,4-D at all public access points; and (c) place informational buoys around the treatment area. (3) The department of fish and wildlife may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife. (4) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin in excess of the standard allowed by the United States environmental protection agency. Sampling protocols and analysis used by the department under this section must be consistent with those used by the United States environmental protection agency for testing this product. (5) Government entities using this section to apply 2,4-D may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660. (6) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil. (7) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards. [1999 c 255 § 3.] Findings—Purpose—Effective date—1999 c 255: See notes following RCW 90.48.447. 90.48.450 Discharges from agricultural activity— Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use—Minimize the possibility. (1) Prior to issuing a notice of violation related to discharges from agricultural activity on agricultural land, the department shall consider whether an enforcement action would contribute to the conversion of agricultural land to nonagricultural uses. Any enforcement action shall attempt to minimize the possibility of such conversion. (2) As used in this section: (a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay and dairy products. (b) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock or agricultural commodities. [1981 c 297 § 31.] 90.48.450 Legislative finding, intent—1981 c 297: See note following RCW 70.94.640. Severability—1981 c 297: See note following RCW 15.36.201. 90.48.455 Discharge of chlorinated organics—Engineering reports by pulp and paper mills—Permits limiting discharge. (1) The department may require each pulp mill and paper mill discharging chlorinated organics to conduct and submit an engineering report on the cost of installing 90.48.455 (2008 Ed.) 90.48.465 technology designed to reduce the amount of chlorinated organic compounds discharged into the waters of the state. The department shall allow at least twenty-four months from June 11, 1992, for each pulp mill and each paper mill to submit an engineering report. (2) The department may not issue a permit establishing limits to the discharge of chlorinated organic compounds by a pulp mill or a paper mill under RCW 90.48.160 or 90.48.260 until at least nine months after receiving an engineering report from a kraft mill and at least fifteen months after receiving an engineering report from a sulfite mill. (3) Nothing in this section shall apply to dioxin compounds. [1992 c 201 § 1.] 90.48.465 Water discharge fees. (1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule and be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities. (2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality’s wastewater system. (3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department. (4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments. (5) The fee for an individual permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to one thousand two hundred fourteen dollars for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to eight hundred fifty dollars for fiscal year 1999. Thereafter, these fees may rise in accordance with the fiscal growth factor as provided in chapter 43.135 RCW. 90.48.465 [Title 90 RCW—page 79] 90.48.480 Title 90 RCW: Water Rights—Environment (6) The fee for a general permit or an individual permit developed solely as a result of the federal court of appeals decision in Headwaters, Inc. v. Talent Irrigation District, 243 F.3rd 526 (9th Cir. 2001) is limited, until June 30, 2003, to a maximum of three hundred dollars. Such a permit is required only, and as long as, the interpretation of this court decision is not overturned or modified by future court rulings, administrative rule making, or clarification of scope by the United States environmental protection agency or legislative action. In such a case the department shall take appropriate action to rescind or modify these permits. (7) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260. (8) The department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years. [2002 c 361 § 2; 1998 c 262 § 16; 1997 c 398 § 2; 1996 c 37 § 3; 1992 c 174 § 17; 1991 c 307 § 1; 1989 c 2 § 13 (Initiative Measure No. 97, approved November 8, 1988).] Findings—Intent—2002 c 361: "The legislature finds that the recent federal court of appeals decision in Headwaters, Inc. v. Talent Irrigation District, 243 F.3rd 526 (9th Cir. 2001) imposes a duty to obtain a national pollutant discharge elimination system permit under the clean water act for the application of pesticides to irrigation canals. This duty is also extended to other individuals and organizations that apply pesticides to other waters, where no duty existed before the Talent decision. The legislature finds that the costs associated with the issuance of the national pollutant discharge elimination system permit now required by the department of ecology as a result of the federal decision is burdensome to the affected individuals and organizations. The legislature intends to temporarily reduce the burden of the federal decision on those individuals and organizations." [2002 c 361 § 1.] Effective date—2002 c 361: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2002]." [2002 c 361 § 3.] Effective date—1998 c 262: See RCW 90.64.900. Short title—Captions—Construction—Existing agreements— Effective date—Severability—1989 c 2: See RCW 70.105D.900 through 70.105D.921, respectively. 90.48.480 Reduction of sewer overflows—Plans— Compliance schedule. The department of ecology shall work with local governments to develop reasonable plans and compliance schedules for the greatest reasonable reduction of combined sewer overflows. The plan shall address various options, including construction of storage tanks for sewage and separation of sewage and stormwater transport systems. The compliance schedule shall be designed to achieve the greatest reasonable reduction of combined sewer overflows at the earliest possible date. The plans and compliance schedules shall be completed by January 1, 1988. A compliance schedule will be a condition of any waste discharge permit issued or renewed after January 1, 1988. [1998 c 245 § 174; 1985 c 249 § 2.] 90.48.480 90.48.490 Sewage treatment facilities—Plans to upgrade or construct. Plans for upgrading sewage treat90.48.490 [Title 90 RCW—page 80] ment facilities and plans for new sewage treatment facilities shall address the greatest reasonable reduction of combined sewer overflows and implementation of pretreatment standards. [1985 c 249 § 3.] 90.48.495 Water conservation measures to be considered in sewer plans. The department of ecology shall require sewer plans to include a discussion of water conservation measures considered or underway that would reduce flows to the sewerage system and an analysis of their anticipated impact on public sewer service and treatment capacity. [2003 1st sp.s. c 5 § 11; 1989 c 348 § 10.] 90.48.495 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. Severability—1989 c 348: See note following RCW 90.54.020. Rights not impaired—1989 c 348: See RCW 90.54.920. 90.48.500 Pollution Disclosure Act of 1971. chapter 90.52 RCW. 90.48.500 See 90.48.520 Review of operations before issuance or renewal of wastewater discharge permits—Incorporation of permit conditions. In order to improve water quality by controlling toxicants in wastewater, the department of ecology shall in issuing and renewing state and federal wastewater discharge permits review the applicant’s operations and incorporate permit conditions which require all known, available, and reasonable methods to control toxicants in the applicant’s wastewater. Such conditions may include, but are not limited to: (1) Limits on the discharge of specific chemicals, and (2) limits on the overall toxicity of the effluent. The toxicity of the effluent shall be determined by techniques such as chronic or acute bioassays. Such conditions shall be required regardless of the quality of receiving water and regardless of the minimum water quality standards. In no event shall the discharge of toxicants be allowed that would violate any water quality standard, including toxicant standards, sediment criteria, and dilution zone criteria. [1987 c 500 § 1.] 90.48.520 90.48.530 Construction projects involving fill material—Leaching test. (1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test included in the soil clean-up rules adopted by the department under chapter 70.105D RCW in any water quality certification issued under section 401 of the federal clean water act and in any administrative order issued under this chapter, where such certification or administrative order authorizes the placement of fill material, some or all of which will be placed in waters of the state. Any such requirement imposed by the department in a water quality certification or administrative order issued prior to May 9, 2003, is ratified and approved by the legislature as a valid and reliable method for determining concentrations of chemical constituents that can be present in fill material without posing an unacceptable risk of violating water quality standards, and shall be in effect as imposed by the department for all work not completed by June 1, 2003. 90.48.530 (2008 Ed.) Water Pollution Control (2) Nothing in this section limits, in any way, the department’s authority under this chapter. [2003 c 210 § 1.] Effective date—2003 c 210: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 2003]." [2003 c 210 § 3.] 90.48.531 Leaching tests—Identification—Report to the legislature. The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests may include those identified in the soil clean-up rules adopted by the department under chapter 70.105D RCW. Within existing resources, the department shall assess whether this list of leaching tests provides appropriate methods for analyzing water quality impacts for all types of projects and in all circumstances where fill material is imported. The department shall also identify any gaps in leaching test methodology. The department shall report both the leaching test list and the list of test methodology gaps to the appropriate committees of the legislature by December 31, 2003. [2003 c 210 § 2.] 90.48.531 Effective date—2003 c 210: See note following RCW 90.48.530. 90.48.540 Use attainability analysis of water within federal reclamation project boundaries—Rules. (1) The department, as resources allow, shall at the request of the United States bureau of reclamation or federal reclamation project irrigation districts cooperatively conduct a use attainability analysis of water bodies located within the boundaries of the federal reclamation project. (2) If necessary because of the use attainability analysis conducted under subsection (1) of this section, the department, consistent with applicable federal water quality laws and regulations, shall adopt rules designating uses for water bodies within the federal reclamation project that support beneficial uses consistent with the primary authorized project purposes of constructed storage and conveyance facilities and other water transport systems and that recognize the unique site-specific characteristics of the arid and semiarid regions of the state of Washington where federal reclamation projects are located. The rules shall also recognize the need to deliver project irrigation water and to construct, operate, and maintain project facilities. [2004 c 214 § 1.] 90.48.540 90.48.555 Construction and industrial storm water general permits—Effluent limitations—Report. (Expires January 1, 2015.) The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter. (1) Effluent limitations shall be included in construction and industrial storm water general permits as required under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and its implementing regulations. In accordance with federal clean water act requirements, pollutant specific, water quality-based effluent limitations shall be included in construction and industrial storm water general permits if there is a reasonable potential to cause or contribute to an excursion of a state water quality standard. 90.48.555 (2008 Ed.) 90.48.555 (2) Subject to the provisions of this section, both technology and water quality-based effluent limitations may be expressed as: (a) Numeric effluent limitations; (b) Narrative effluent limitations; or (c) A combination of numeric and narrative effluent discharge limitations. (3) The department must condition storm water general permits for industrial and construction activities issued under the national pollutant discharge elimination system of the federal clean water act to require compliance with numeric effluent discharge limits when such discharges are subject to: (a) Numeric effluent limitations established in federally adopted, industry-specific effluent guidelines; (b) State developed, industry-specific performancebased numeric effluent limitations; (c) Numeric effluent limitations based on a completed total maximum daily load analysis or other pollution control measures; or (d) A determination by the department that: (i) The discharges covered under either the construction or industrial storm water general permits have a reasonable potential to cause or contribute to violation of state water quality standards; and (ii) Effluent limitations based on nonnumeric best management practices are not effective in achieving compliance with state water quality standards. (4) In making a determination under subsection (3)(d) of this section, the department shall use procedures that account for: (a) Existing controls on point and nonpoint sources of pollution; (b) The variability of the pollutant or pollutant parameter in the storm water discharge; and (c) As appropriate, the dilution of the storm water in the receiving waters. (5) Narrative effluent limitations requiring both the implementation of best management practices, when designed to satisfy the technology and water quality-based requirements of the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and compliance with water quality standards, shall be used for construction and industrial storm water general permits, unless the provisions of subsection (3) of this section apply. (6) Compliance with water quality standards shall be presumed, unless discharge monitoring data or other site specific information demonstrates that a discharge causes or contributes to violation of water quality standards, when the permittee is: (a) In full compliance with all permit conditions, including planning, sampling, monitoring, reporting, and recordkeeping conditions; and (b)(i) Fully implementing storm water best management practices contained in storm water technical manuals approved by the department, or practices that are demonstrably equivalent to practices contained in storm water technical manuals approved by the department, including the proper selection, implementation, and maintenance of all applicable and appropriate best management practices for on-site pollution control. [Title 90 RCW—page 81] 90.48.555 Title 90 RCW: Water Rights—Environment (ii) For the purposes of this section, "demonstrably equivalent" means that the technical basis for the selection of all storm water best management practices are documented within a storm water pollution prevention plan. The storm water pollution prevention plan must document: (A) The method and reasons for choosing the storm water best management practices selected; (B) The pollutant removal performance expected from the practices selected; (C) The technical basis supporting the performance claims for the practices selected, including any available existing data concerning field performance of the practices selected; (D) An assessment of how the selected practices will comply with state water quality standards; and (E) An assessment of how the selected practices will satisfy both applicable federal technology-based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment. (7)(a) The department shall modify the industrial storm water general permit to require compliance by May 1, 2009, with appropriately derived numeric water quality-based effluent limitations for existing discharges to water bodies listed as impaired according to 33 U.S.C. Sec. 1313(d) (Sec. 303(d) of the federal clean water act, 33 U.S.C. Sec. 1251 et seq.). (b) No later than September 1, 2008, the department shall report to the appropriate committees of the legislature specifying how the numeric effluent limitation in (a) of this subsection would be implemented. The report shall identify the number of dischargers to impaired water bodies and provide an assessment of anticipated compliance with the numeric effluent limitation established by (a) of this subsection. (8)(a) Construction and industrial storm water general permits issued by the department shall include an enforceable adaptive management mechanism that includes appropriate monitoring, evaluation, and reporting. The adaptive management mechanism shall include elements designed to result in permit compliance and shall include, at a minimum, the following elements: (i) An adaptive management indicator, such as monitoring benchmarks; (ii) Monitoring; (iii) Review and revisions to the storm water pollution prevention plan; (iv) Documentation of remedial actions taken; and (v) Reporting to the department. (b) Construction and industrial storm water general permits issued by the department also shall include the timing and mechanisms for implementation of treatment best management practices. (9) Construction and industrial storm water discharges authorized under general permits must not cause or have the reasonable potential to cause or contribute to a violation of an applicable water quality standard. Where a discharge has already been authorized under a national pollutant discharge elimination system storm water permit and it is later determined to cause or have the reasonable potential to cause or contribute to the violation of an applicable water quality stan[Title 90 RCW—page 82] dard, the department may notify the permittee of such a violation. (10) Once notified by the department of a determination of reasonable potential to cause or contribute to the violation of an applicable water quality standard, the permittee must take all necessary actions to ensure future discharges do not cause or contribute to the violation of a water quality standard and document those actions in the storm water pollution prevention plan and a report timely submitted to the department. If violations remain or recur, coverage under the construction or industrial storm water general permits may be terminated by the department, and an alternative general permit or individual permit may be issued. Compliance with the requirements of this subsection does not preclude any enforcement activity provided by the federal clean water act, 33 U.S.C. Sec. 1251 et seq., for the underlying violation. (11) Receiving water sampling shall not be a requirement of an industrial or construction storm water general permit except to the extent that it can be conducted without endangering the health and safety of persons conducting the sampling. (12) The department may authorize mixing zones only in compliance with and after making determinations mandated by the procedural and substantive requirements of applicable laws and regulations. [2004 c 225 § 2.] Expiration date—2004 c 225: "This act expires January 1, 2015." [2004 c 225 § 7.] Conflict with federal clean water act—2004 c 225 §§ 2 and 3: "If any portion of sections 2 and 3 of this act are found to be in conflict with the federal clean water act, that portion alone is void." [2004 c 225 § 6.] Findings—2004 c 225: "(1) The legislature finds that the federal permit program under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and the state water pollution control laws provide numerous environmental and public health benefits to the citizens of Washington and to the state. The legislature also finds that failure to prevent and control pollution discharges, including those associated with storm water runoff, can degrade water quality and damage the environment, public health, and industries dependent on clean water such as shellfish production. (2) The legislature finds the nature of storm water presents unique challenges and difficulties in meeting the permitting requirements under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., including compliance with technology and water quality-based standards. (3) The legislature finds that the federal clean water act, 33 U.S.C. Sec. 1251 et seq., requires certain larger construction sites and industrial facilities to obtain storm water permits under the national pollutant discharge elimination system permit program. The legislature also finds that under phase two of this program, smaller construction sites are also required to obtain storm water permits for their discharges. (4) The legislature finds the department of ecology has been using general permits to permit categories of similar dischargers, including storm water associated with industrial and construction activities. The legislature also finds general permits must comply with all applicable requirements of the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and the state water pollution control act including technology and water quality-based permitting requirements. The legislature further finds general permits may not always be the best solution for an individual discharger, especially when establishing water quality-based permitting requirements. (5) The legislature finds that where sources within a specific category or subcategory of dischargers are subject to water quality-based limits imposed under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., the sources in that specific category or subcategory must be subject to the same water quality-based limits. (6) For this reason, the legislature encourages, to the extent allowed under existing state and federal law, an adaptive management approach to permitting storm water discharges. (7) The legislature finds that storm water management must satisfy state and federal water quality requirements while also providing for flexibility in meeting such requirement to help ensure cost-effective storm water management. (2008 Ed.) Water Pollution Control (8) The legislature finds that the permitting of new and existing dischargers into waters listed under 33 U.S.C. Sec. 1313(d) (section 303(d) of the federal clean water act) presents specific challenges and is subject to additional permitting restrictions under the federal clean water act, 33 U.S.C. Sec. 1251 et seq. (9) The legislature declares that general permits can be an effective and efficient permitting mechanism for permitting large numbers of similar dischargers. (10) The legislature declares that an inspection and technical assistance program for industrial and construction storm water general permits is needed to ensure an effective permitting program. The legislature also declares that such a program should be fully funded to ensure its success." [2004 c 225 § 1.] Report to legislature—2004 c 225: "No later than December 31, 2006, the department of ecology shall submit a report to the appropriate committees of the legislature regarding methods to improve the effectiveness of permit monitoring requirements in construction and industrial storm water general permits. The department of ecology shall study and evaluate how monitoring requirements could be improved to determine the effectiveness of storm water best management practices and compliance with state water quality standards. In this study the department also shall evaluate monitoring requirements that are necessary for determining compliance or noncompliance with state water quality standards and shall evaluate the feasibility of including such monitoring in future permits. When conducting this study, the department shall consult with experts in the fields of monitoring, storm water management, and water quality, and when necessary the department shall conduct field work to evaluate the practicality and usefulness of alternative monitoring proposals." [2004 c 225 § 4.] 90.48.560 Construction and industrial storm water general permits—Inspection and compliance. (Expires January 1, 2015.) The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter. (1) By January 1, 2005, the department shall initiate an inspection and compliance program for all permittees covered under the construction and industrial storm water general permits. The program shall include, but may not be limited to, the: (a) Provision of compliance assistance and survey for evidence of permit violations and violations of water quality standards; (b) Identification of corrective actions for actual or imminent discharges that violate or could violate the state’s water quality standards; (c) Monitoring of the development and implementation of storm water pollution prevention plans and storm water monitoring plans; (d) Identification of dischargers who would benefit from follow-up inspection or compliance assistance programs; and (e) Collection and analysis of discharge and receiving water samples whenever practicable and when deemed appropriate by the department, and other evaluation of discharges to determine the potential for causing or contributing to violations of water quality standards. (2) The department’s inspections under this section shall be conducted without prior notice to permittees whenever practicable. (3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also take such additional actions as are necessary to ensure compliance with state and federal water quality requirements, provided that all permittees must be inspected once within two years of the start of this pro90.48.560 (2008 Ed.) 90.48.570 gram and each permittee must be inspected at least once each permit cycle thereafter. (4) Permittees must be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors: (a) Compliance history, including submittal or nonsubmittal of discharge monitoring reports; (b) Monitoring results in relationship to permit benchmarks; and (c) Discharge to impaired waters of the state. (5) Nothing in this section shall be construed to limit the department’s enforcement discretion. [2004 c 225 § 3.] Expiration date—Findings—Report to legislature—2004 c 225: See notes following RCW 90.48.555. Conflict with federal clean water act—2004 c 225 §§ 2 and 3: See note following RCW 90.48.555. 90.48.565 Construction and industrial storm water general permits—Fees. (Expires January 1, 2015.) (1) The department shall establish permit fees for construction and industrial storm water general permits as necessary to fund the provisions of RCW 90.48.555 and 90.48.560. When calculating appropriate fee amounts, the department shall take into consideration differences between large and small businesses and the economic impacts caused by permit fees on those businesses. Fees established under this section shall be adopted in accordance with chapter 34.05 RCW. (2) In its biennial discharge fees progress report required by RCW 90.48.465, the department shall include a detailed accounting regarding the method used to establish permit fees, the amount of permit fees collected, and the expenditure of permit fees. The detailed accounting shall include data on inspections conducted and the staff hired to implement the provisions of RCW 90.48.555 and 90.48.560. [2004 c 225 § 5.] 90.48.565 Expiration date—Findings—Report to legislature—2004 c 225: See notes following RCW 90.48.555. 90.48.570 Water quality data—Findings—Intent. (1) The legislature finds that: (a) The proper collection and review of credible water quality data is necessary to ensure compliance with the requirements of the federal clean water act (33 U.S.C. Sec. 1251 et seq.); (b) The state needs to assemble and evaluate all existing and readily available water quality-related data and information from sources other than the state water quality agency, such as federal agencies, tribes, universities, and volunteer monitoring groups, if the data meets the state’s requirements for data quality; and (c) Developing and implementing water quality protection measures based on credible water quality data ensures that the financial resources of state and local governments and regulated entities are prioritized to address our state’s most important water quality issues. (2) The legislature intends to ensure that credible water quality data is used as the basis for the assessment of the status of a water body relative to the surface water quality standards. (3) It is the intent of the legislature that a water body in which pollutant loadings from naturally occurring conditions 90.48.570 [Title 90 RCW—page 83] 90.48.575 Title 90 RCW: Water Rights—Environment are the sole cause of a violation of applicable surface water quality standards not be listed as impaired. [2004 c 228 § 1.] 90.48.575 Water quality data—Definitions. The definitions in this section apply to RCW 90.48.580 and 90.48.585 unless the context clearly requires otherwise. (1) "Credible data" means data meeting the requirements of RCW 90.48.585. (2) "Department" means the Washington state department of ecology. (3) "Impaired water" means a water body or segment for which credible data exists that: (a) Satisfies the requirements of RCW 90.48.580 and 90.48.585; and (b) demonstrates the water body should be identified pursuant to 33 U.S.C. Sec. 1313(d). (4) "Naturally occurring condition" means any condition affecting water quality that is not caused by human influence. (5) "Section 303(d)" has the same meaning as in the federal clean water act (33 U.S.C. Sec. 1313(d)). (6) "Total maximum daily load" has the same meaning as in the federal clean water act (33 U.S.C. Sec. 1313(d)). [2004 c 228 § 2.] 90.48.575 90.48.580 Water quality data—Credible data, information, literature. (1) The department shall use credible information and literature for developing and reviewing a surface water quality standard or technical model used to establish a total maximum daily load for any surface water of the state. (2) The department shall use credible data for the following actions after June 10, 2004: (a) Determining whether any water of the state is to be placed on or removed from any section 303(d) list; (b) Establishing a total maximum daily load for any surface water of the state; or (c) Determining whether any surface water of the state is supporting its designated use or other classification. (3) The department shall respond to questions regarding the data, literature, and other information it uses under this section. The department shall reply to requests within five business days acknowledging that the department has received the request and provide a reasonable estimate of the time the department will require to respond to the request. (4) The department, the United States environmental protection agency, and the Indian tribes in Washington state have developed a voluntary agreement relating to the cooperative management of the clean water act section 303(d) program. The department shall consider water quality data that has been collected by Indian tribes under a quality assurance project plan that has been approved by the United States environmental protection agency if that data meets the objectives of the plan. [2004 c 228 § 3.] 90.48.580 90.48.585 Water quality data—When credible. (1) In collecting and analyzing water quality data for any purpose identified in RCW 90.48.580(2), data is considered credible data if: (a) Appropriate quality assurance and quality control procedures were followed and documented in collecting and analyzing water quality samples; 90.48.585 [Title 90 RCW—page 84] (b) The samples or measurements are representative of water quality conditions at the time the data was collected; (c) The data consists of an adequate number of samples based on the objectives of the sampling, the nature of the water in question, and the parameters being analyzed; and (d) Sampling and laboratory analysis conform to methods and protocols generally acceptable in the scientific community as appropriate for use in assessing the condition of the water. (2) Data interpretation, statistical, and modeling methods shall be those methods generally acceptable in the scientific community as appropriate for use in assessing the condition of the water. (3) The department shall develop policy: (a) Explaining how it uses scientific research and literature for developing and reviewing any water quality standard or technical model used to establish a total maximum daily load for any water of the state; (b) Describing the specific criteria that determine data credibility; and (c) Recommending the appropriate training and experience for collection of credible data. [2004 c 228 § 4.] 90.48.590 Water quality data—Falsified data—Penalty. Any person who knowingly falsifies data is guilty of a gross misdemeanor. [2004 c 228 § 5.] 90.48.590 90.48.595 On-site sewage disposal system repair and replacement—Loan and grant programs. The department shall offer financial and technical assistance to local governments and tribal entities in Puget Sound counties to establish or expand on-site sewage disposal system repair and replacement through local loan and grant programs. The programs must give priority to low-income and financially distressed homeowners. [2006 c 18 § 10.] 90.48.595 90.48.900 Severability—1945 c 216. Should any section or provision of this act be held invalid by any court of competent jurisdiction, the same shall not affect the validity of the act as a whole or any part thereof other than that portion so held to be invalid. [1945 c 216 § 23.] 90.48.900 90.48.901 Severability—1967 c 13. If any provision of this 1967 amendatory act or its application to any person or circumstance is held invalid the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1967 c 13 § 30.] 90.48.901 90.48.902 Severability—1970 ex.s. c 88. If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1970 ex.s. c 88 § 15.] 90.48.902 90.48.903 Severability—1971 ex.s. c 180. If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 180 § 12.] 90.48.903 (2008 Ed.) Water Pollution Control Facilities—Bonds 90.48.904 Severability—1989 c 262. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 262 § 6.] 90.48.904 90.48.906 Short title—1971 ex.s. c 180. This 1971 amendatory act may be cited as the "Coastal Waters Protection Act of 1971". [1971 ex.s. c 180 § 13.] 90.48.906 Chapter 90.50 Chapter 90.50 RCW WATER POLLUTION CONTROL FACILITIES—BONDS Sections 90.50.010 90.50.020 90.50.030 90.50.040 90.50.050 90.50.060 90.50.080 90.50.900 Bond issue—Authorized. Grants to public bodies authorized. Bond proceeds—Administration. Water pollution control facilities bond redemption fund— Bonds payable from sales tax revenues—Remedies of bondholders. Legislature may provide additional means for bond payment. Bonds legal investment for state and municipal corporation funds. Definitions. Referral of act to electorate. Tax exemptions and credits: Chapter 82.34 RCW. 90.50.010 Bond issue—Authorized. For the purpose of providing state matching funds to assist public bodies in the construction and improvement of water pollution control facilities the state finance committee is hereby authorized to issue general obligation bonds of the state of Washington in the sum of twenty-five million dollars to be paid and discharged within twenty years of the date of issuance. The state finance committee is authorized to prescribe the form of such bonds, the maximum rate of interest the same shall bear, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and issuance thereof: PROVIDED, That none of the bonds herein authorized shall be sold for less than the par value thereof. The bonds shall pledge the full faith and credit of the state of Washington and contain an unconditional promise to pay the interest and principal when due. The committee may provide that the bonds, or any of them, may be called prior to the due date thereof under such terms and conditions as it may determine. The state finance committee may authorize the use of facsimile signatures in the issuance of the bonds. [1970 ex.s. c 67 § 1; 1969 ex.s. c 232 § 63; 1967 c 106 § 1.] 90.50.010 Referral of act to electorate, when—1970 ex.s. c 67: "In the event all of the bonds authorized by RCW 90.50.010 through 90.50.080 and 90.50.900, have not been issued on or before September 2, 1970, then this 1970 amendatory act shall be submitted to the people for their adoption and ratification, or rejection, at the general election to be held in this state on the Tuesday next succeeding the first Monday in November, 1970, in accordance with the provisions of section 3, Article VIII of the state Constitution; and in accordance with the provisions of section 1, Article II of the state Constitution as amended, and the laws adopted to facilitate the operation thereof." [1970 ex.s. c 67 § 2.] Effective, when—1970 ex.s. c 67: "Section 1 of this 1970 amendatory act shall not become effective unless this act is adopted and ratified at the referendum election provided for in section 2 of this 1970 amendatory act." [1970 ex.s. c 67 § 3.] Adoption—Ratification—1970 ex.s. c 67: The amendment to RCW 90.50.010 by 1970 ex.s. c 67 was adopted and ratified by the people at the November 3, 1970 general election (Referendum Bill No. 23). (2008 Ed.) 90.50.050 Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 90.50.020 Grants to public bodies authorized. The department of ecology is authorized to make and administer grants to any public bodies for the purpose of aiding in the construction and improvement of water pollution control facilities in conjunction with federal grants authorized pursuant to the Federal Water Pollution Control Act. [1987 c 109 § 154; 1967 c 106 § 2.] 90.50.020 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.50.030 Bond proceeds—Administration. The proceeds from the sale of the bonds authorized herein, together with all grants, donations, transferred funds and all other moneys which the state finance committee may direct shall be administered by the department of ecology under the authority granted by RCW 90.50.020. [1987 c 109 § 155; 1980 c 32 § 14; 1967 c 106 § 3.] 90.50.030 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Effective date—Transfer of moneys—1980 c 32 § 14: "Section 14 of this act shall take effect on September 1, 1981. Any moneys held on that date in the account disestablished by section 14 of this act shall be transferred to the water pollution control facilities bond redemption fund." [1980 c 32 § 15.] 90.50.040 Water pollution control facilities bond redemption fund—Bonds payable from sales tax revenues—Remedies of bondholders. The water pollution control facilities bond redemption fund is hereby created in the state treasury, which fund shall be exclusively devoted to the payment of interest on and retirement of the bonds authorized by this chapter. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet bond retirement and interest requirements and on July 1st of each year the state treasurer shall deposit such amount in said water pollution control facilities redemption fund from moneys transmitted to the state treasurer by the department of revenue and certified by the department of revenue to be sales tax collections and such amount certified by the state finance committee to the state treasurer shall be a prior charge against all retail sales tax revenues of the state of Washington, except that portion thereof heretofore pledged for the payment of bond principal and interest. The owner and holder of each of said bonds or the trustee for any of the bonds may by mandamus or other appropriate proceeding require and compel the transfer and payment of funds as directed herein. [1975 1st ex.s. c 278 § 214; 1967 c 106 § 4.] 90.50.040 Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160. 90.50.050 Legislature may provide additional means for bond payment. The legislature may provide additional means for raising moneys for the payment of the interest and principal of the bonds authorized herein and this shall not be deemed to provide an exclusive method for such payment. [1967 c 106 § 5.] 90.50.050 [Title 90 RCW—page 85] 90.50.060 Title 90 RCW: Water Rights—Environment 90.50.060 Bonds legal investment for state and municipal corporation funds. The bonds herein authorized shall be a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1967 c 106 § 6.] 90.50.060 90.50.080 Definitions. For the purposes of this chapter the terms: (1) "Water pollution control facilities" means the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, and their appurtenances, and includes any extensions, improvements, remodeling, additions, and alterations thereof; (2) "Public bodies" means municipal or public corporations, counties, or departments or agencies of state government. [1967 c 106 § 8.] 90.50.080 90.50.900 Referral of act to electorate. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next general election to be held in this state in accordance with the provisions of section 3, Article VIII of the state Constitution; and in accordance with the provisions of section 1, Article II of the state Constitution as amended, and the laws adopted to facilitate the operation thereof. [1967 c 106 § 9.] 90.50.900 Reviser’s note: Chapter 90.50 RCW was adopted and ratified by the people at the November 5, 1968, general election (Referendum Bill No. 17). Governor’s proclamation declaring approval of measure is dated December 5, 1968. State Constitution Art. 2 § 1(d) provides: ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day after the election at which it is approved. . ." Chapter 90.50A Chapter 90.50A RCW WATER POLLUTION CONTROL FACILITIES— FEDERAL CAPITALIZATION GRANTS Sections 90.50A.005 90.50A.010 90.50A.020 90.50A.030 90.50A.040 90.50A.050 90.50A.060 90.50A.070 90.50A.080 90.50A.900 Purpose. Definitions. Water pollution control revolving fund. Use of moneys in fund. Administration of fund. Loans from fund—Requirements for recipients. Defaults. Establishment of policies for loan terms and interest rates. Puget Sound partners. Severability—1988 c 284. 90.50A.005 Purpose. The long-range health and environmental goals for the state of Washington require the protection of the state’s surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to provide an account to receive federal capitalization grants to provide financial assistance to the state and to local governments for the planning, design, acquisition, construction, and improvement of water pollution control facilities and related activities in the achievement of state and federal water pollution control requirements for the protection of the state’s waters. [1988 c 284 § 1.] 90.50A.005 [Title 90 RCW—page 86] 90.50A.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of ecology. (2) "Eligible cost" means the cost of that portion of a water pollution control facility or activity that can be financed under this chapter. (3) "Fund" means the water pollution control revolving fund in the custody of the state treasurer. (4) "Water pollution control facility" or "water pollution control facilities" means any facilities or systems owned or operated by a public body for the control, collection, storage, treatment, disposal, or recycling of wastewater, including but not limited to sanitary sewage, storm water, combined sewer overflows, residential, commercial, industrial, and agricultural wastes, which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities include all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to such purpose. Water pollution control facilities also include such facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers. (5) "Water pollution control activities" means actions taken by a public body for the following purposes: (a) To control nonpoint sources of water pollution; (b) to develop and implement a comprehensive management plan for estuaries; and (c) to maintain or improve water quality through the use of water pollution control facilities or other means. (6) "Public body" means the state of Washington or any agency, county, city or town, other political subdivision, municipal corporation or quasi-municipal corporation, and those Indian tribes now or hereafter recognized as such by the federal government. (7) "Water pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. (8) "Nonpoint source water pollution" means pollution that enters any waters of the state from any dispersed waterbased or land-use activities, including, but not limited to, atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forest lands, subsurface or underground sources, and discharges from boats or other marine vessels. (9) "Federal capitalization grants" means grants from the federal government provided by the water quality act of 1987 (P.L. 100-4). [1988 c 284 § 2.] 90.50A.010 90.50A.020 Water pollution control revolving fund. (1) The water pollution control revolving fund is hereby established in the state treasury. Moneys in this fund may be 90.50A.020 (2008 Ed.) Water Pollution Control Facilities—Federal Capitalization Grants spent only after legislative appropriation. Moneys in the fund may be spent only in a manner consistent with this chapter. (2) The water pollution control revolving fund shall consist of: (a) All capitalization grants provided by the federal government under the federal water quality act of 1987; (b) All state matching funds appropriated or authorized by the legislature; (c) Any other revenues derived from gifts or bequests pledged to the state for the purpose of providing financial assistance for water pollution control projects; (d) All repayments of moneys borrowed from the fund; (e) All interest payments made by borrowers from the fund; (f) Any other fee or charge levied in conjunction with administration of the fund; and (g) Any new funds as a result of leveraging. (3) The state treasurer may invest and reinvest moneys in the water pollution control revolving fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the water pollution control revolving fund. [1993 c 329 § 1; 1992 c 235 § 9; 1991 sp.s. c 13 § 102; 1988 c 284 § 3.] Effective date—1993 c 329: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993]." [1993 c 329 § 3.] 90.50A.040 (a) To buy or refinance the water pollution control facilities’ debt obligations of public bodies at or below market rates, if such debt was incurred after March 7, 1985; (b) To guarantee, or purchase insurance for, public body obligations for water pollution control facility construction or replacement or activities if the guarantee or insurance would improve credit market access or reduce interest rates, or to provide loans to a public body for this purpose; (c) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state if the proceeds of the sale of such bonds will be deposited in the fund; (d) To earn interest on fund accounts; and (e) To pay the expenses of the department in administering the water pollution control revolving fund according to administrative reserves authorized by federal and state law. (4) The department shall present a biennial progress report on the use of moneys from the account to the appropriate committees of the legislature. The report shall consist of a list of each recipient, project description, and amount of the grant, loan, or both. (5) The department may not use the moneys in the water pollution control revolving fund for grants. [2007 c 341 § 38; 1996 c 37 § 4; 1988 c 284 § 4.] Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. 90.50A.040 Administration of fund. Moneys deposited in the water pollution control revolving fund shall be administered by the department. In administering the fund, the department shall: (1) Consistent with RCW 90.50A.030 and 90.50A.080, allocate funds for loans in accordance with the annual project priority list in accordance with section 212 of the federal water pollution control act as amended in 1987, and allocate funds under sections 319 and 320 according to the provisions of that act; (2) Use accounting, audit, and fiscal procedures that conform to generally accepted government accounting standards; (3) Prepare any reports required by the federal government as a condition to awarding federal capitalization grants; (4) Adopt by rule any procedures or standards necessary to carry out the provisions of this chapter; (5) Enter into agreements with the federal environmental protection agency; (6) Cooperate with local, substate regional, and interstate entities regarding state assessment reports and state management programs related to the nonpoint source management programs as noted in section 319(c) of the federal water pollution control act amendments of 1987 and estuary programs developed under section 320 of that act; (7) Comply with provisions of the water quality act of 1987; and (8) After January 1, 2010, not provide funding for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310. [2007 c 341 § 39; 1988 c 284 § 5.] 90.50A.040 Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 90.50A.030 Use of moneys in fund. The department shall use the moneys in the water pollution control revolving fund to provide financial assistance as provided in the water quality act of 1987 and as provided in RCW 90.50A.040: (1) To make loans, on the condition that: (a) Such loans are made at or below market interest rates, including interest free loans, at terms not to exceed twenty years; (b) Annual principal and interest payments will commence not later than one year after completion of any project and all loans will be fully amortized not later then twenty years after project completion; (c) The recipient of a loan will establish a dedicated source of revenue for repayment of loans; and (d) The fund will be credited with all payments of principal and interest on all loans. (2) Loans may be made for the following purposes: (a) To public bodies for the construction or replacement of water pollution control facilities as defined in section 212 of the federal water quality act of 1987; (b) For the implementation of a management program established under section 319 of the federal water quality act of 1987 relating to the management of nonpoint sources of pollution, subject to the requirements of that act; and (c) For development and implementation of a conservation and management plan under section 320 of the federal water quality act of 1987 relating to the national estuary program, subject to the requirements of that act. (3) The department may also use the moneys in the fund for the following purposes: 90.50A.030 (2008 Ed.) Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. [Title 90 RCW—page 87] 90.50A.050 Title 90 RCW: Water Rights—Environment 90.50A.050 90.50A.050 Loans from fund—Requirements for recipients. Any public body receiving a loan from the fund shall: (1) Appear on the annual project priority list to be identified for funding under section 212 of the federal water pollution control act amendments of 1987 or be eligible under sections 319 and 320 of that act; (2) Submit an application to the department; (3) Establish and maintain a dedicated source of revenue or other acceptable source of revenue for the repayment of the loan; and (4) Demonstrate to the satisfaction of the department that it has sufficient legal authority to incur the debt for which it is applying. [1988 c 284 § 6.] 90.50A.060 90.50A.060 Defaults. If a public body defaults on payments due to the fund, the state may withhold any amounts otherwise due to the public body and direct that such funds be applied to the indebtedness and deposited into the account. [1988 c 284 § 7.] 90.50A.070 90.50A.070 Establishment of policies for loan terms and interest rates. The department shall establish by rule policies for establishing loan terms and interest rates for loans made from the fund that assure that the objectives of this chapter are met and that adequate funds are maintained in the fund to meet future needs. [1988 c 284 § 8.] 90.50A.080 90.50A.080 Puget Sound partners. (1) In administering the fund, the department shall give priority consideration to: (a) A public body that is a Puget Sound partner, as defined in RCW 90.71.010; and (b) A project that is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310. (2) When implementing this section, the department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners. [2007 c 341 § 40.] Chapter 90.52 RCW POLLUTION DISCLOSURE ACT OF 1971 Chapter 90.52 Sections 90.52.005 90.52.010 90.52.020 90.52.030 90.52.040 90.52.900 Environmental excellence program agreements—Effect on chapter. Annual reports required—Contents—Critical materials designated. Confidentiality as to manufacturing processes. Operation subject to injunction, when—Civil penalties. Wastes to be provided with available methods of treatment prior to discharge into waters of the state. Short title. 90.52.005 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [1997 c 381 § 27.] 90.52.005 Purpose—1997 c 381: See RCW 43.21K.005. 90.52.010 Annual reports required—Contents— Critical materials designated. Every person conducting a commercial or industrial operation within this state who discharges wastes, other than sanitary sewage, into waters of the state or into any sewer system which discharges into waters of the state, and every person conducting a commercial or industrial operation within the state who discharges wastes into the air of the state, shall file, annually, during the month of January, reports, on forms provided by the department of ecology, setting forth: (1) The nature of the enterprise; (2) A list of materials used in, and incidental to, its manufacturing processes, including by-products and waste products; (3) The estimated annual total gallons or pounds (or other appropriate measurement) of wastes, including, but not limited to, process and cooling water to be discharged into the water or air, or into any sewer system. The list of materials provided for in subsection (2) hereof shall relate to all materials designated by the director of the department of ecology, after consultation with a committee on [of] environmental specialists of not less than five appointed by the director, as critical materials which have substantial potential to adversely affect the quality of waters or environment of the state, or the uses made thereof, if allowed to enter the same. Formal designation shall be adopted by the director as a rule and filed in a "critical materials" registry of the department of ecology. "Person" as used herein means an individual partnership, firm, corporation, association or other entity. [1971 ex.s. c 160 § 1.] 90.52.010 90.52.020 Confidentiality as to manufacturing processes. The department of ecology shall provide proper and adequate procedures to safeguard the confidentiality of manufacturing processes: PROVIDED, That the confidentiality shall not extend to waste products discharged into the waters or air of the state. [1971 ex.s. c 160 § 2.] 90.52.020 Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. 90.50A.900 90.50A.900 Severability—1988 c 284. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1988 c 284 § 14.] [Title 90 RCW—page 88] 90.52.030 Operation subject to injunction, when— Civil penalties. Operation of an industrial or commercial 90.52.030 (2008 Ed.) Water Resources Act of 1971 operation in violation of RCW 90.52.010 may be enjoined on petition of the attorney general to the superior court of Thurston county or of the county in which the operation is located. Operation of an industrial or commercial operation in violation of this chapter shall provide the basis of a civil penalty under RCW 90.48.144 or 70.94.431 as now or are hereafter amended. No person may discharge wastes into the waters or air of the state who fails to satisfy the requirements of RCW 90.52.010 and 90.52.040. [1971 ex.s. c 160 § 3.] 90.52.040 Wastes to be provided with available methods of treatment prior to discharge into waters of the state. Except as provided in RCW 90.54.020(3)(b), in the administration of the provisions of chapter 90.48 RCW, the director of the department of ecology shall, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless of the minimum water quality standards established by the director for said waters, require wastes to be provided with all known, available, and reasonable methods of treatment prior to their discharge or entry into waters of the state. [1987 c 399 § 1; 1971 ex.s. c 160 § 4.] 90.52.040 90.52.900 Short title. This act shall be known and may be cited as the Pollution Disclosure Act of 1971. [1971 ex.s. c 160 § 5.] 90.52.900 Chapter 90.54 Chapter 90.54 RCW WATER RESOURCES ACT OF 1971 Sections 90.54.005 90.54.010 90.54.020 90.54.030 90.54.035 90.54.040 90.54.045 90.54.050 90.54.060 90.54.080 90.54.090 90.54.100 90.54.110 90.54.120 90.54.130 90.54.140 90.54.150 90.54.160 90.54.170 90.54.180 90.54.191 90.54.800 90.54.900 90.54.910 90.54.920 (2008 Ed.) Findings—Objectives—2002 c 329. Purpose. General declaration of fundamentals for utilization and management of waters of the state. Water and related resources—Department to be advised— Water resources data program. State funding of water resource programs—Priorities. Comprehensive state water resources program—Modifying existing and adopting new regulations and statutes. Water resource planning—Pilot process—Report to the legislature. Setting aside or withdrawing waters—Rules—Consultation with legislative committees—Public hearing, notice— Review. Department to seek involvement of other persons and entities, means—Assistance grants. State to vigorously represent its interests before federal agencies, interstate agencies. State, local governments, municipal corporations to comply with chapter. Department to evaluate needs for projects and alternative methods of financing. Authority to secure and obtain benefits, including grants. "Department," "utilize," and "utilization" defined. Land use management policy modifications—Advisory recommendations. Protection of groundwater aquifers if sole drinking water source. Water supply projects—Cooperation with other agencies— Scope of participation. Department to report on dam safety. Electric generation facility—Evaluation of application to appropriate water. Water use efficiency and conservation programs and practices. Stream flow restoration a priority. Policy guidelines. Certain rights, authority, not to be affected by chapter. Short title. Rights not impaired. 90.54.010 Environmental certification programs—Fees—Rules—Liability: RCW 43.21A.175. 90.54.005 Findings—Objectives—2002 c 329. The legislature recognizes the critical importance of providing and securing sufficient water to meet the needs of people, farms, and fish. The legislature finds that an effective way to meet the water needs of people, farms, and fish is through strategies developed and implemented at the local watershed level. The objectives of these strategies are to supply water in sufficient quantities to satisfy the following three water resource objectives: (1) Providing sufficient water for residential, commercial, and industrial needs; (2) Providing sufficient water for productive fish populations; and (3) Providing sufficient water for productive agriculture. The legislature affirms its intent to provide continued support for watershed strategies and provides the tools in chapter 329, Laws of 2002 to assist local watersheds in meeting these objectives. [2002 c 329 § 1.] 90.54.005 90.54.010 Purpose. (1) The legislature finds that: (a) Proper utilization of the water resources of this state is necessary to the promotion of public health and the economic well-being of the state and the preservation of its natural resources and aesthetic values. Although water is a renewable resource, its supply and availability are becoming increasingly limited, particularly during summer and fall months and dry years when demand is greatest. Growth and prosperity have significantly increased the competition for this limited resource. Adequate water supplies are essential to meet the needs of the state’s growing population and economy. At the same time instream resources and values must be preserved and protected so that future generations can continue to enjoy them. (b) All citizens of Washington share an interest in the proper stewardship of our invaluable water resources. To ensure that available water supplies are managed to best meet both instream and offstream needs, a comprehensive planning process is essential. The people of the state have the unique opportunity to work together to plan and manage our water. Through a comprehensive planning process that includes the state, Indian tribes, local governments, and interested parties, it is possible to make better use of available water supplies and achieve better management of water resources. Through comprehensive planning, conflicts among water users and interests can be reduced or resolved. It is in the best interests of the state that comprehensive water resource planning be given a high priority so that water resources and associated values can be utilized and enjoyed today and protected for tomorrow. (c) Diverse hydrologic, climatic, cultural, and socioeconomic conditions exist throughout the regions of the state. Water resource issues vary significantly across regions. Comprehensive water resource planning is best accomplished through a regional planning process sensitive to the unique characteristics and issues of each region. (d) Comprehensive water resource planning must provide interested parties adequate opportunity to participate. Water resource issues are best addressed through cooperation 90.54.010 [Title 90 RCW—page 89] 90.54.020 Title 90 RCW: Water Rights—Environment and coordination among the state, Indian tribes, local governments, and interested parties. (e) The long-term needs of the state require ongoing assessment of water availability, use, and demand. A thorough inventory of available resources is essential to water resource management. Current state water resource data and data management is inadequate to meet changing needs and respond to competing water demands. Therefore, a state water resource data program is needed to support an effective water resource management program. Efforts should be made to coordinate and consolidate into one resource data system all relevant information developed by the department of ecology and other agencies relating to the use, protection, and management of the state’s water resources. (2) It is the purpose of this chapter to set forth fundamentals of water resource policy for the state to insure that waters of the state are protected and fully utilized for the greatest benefit to the people of the state of Washington and, in relation thereto, to provide direction to the department of ecology, other state agencies and officials, and local government in carrying out water and related resources programs. It is the intent of the legislature to work closely with the executive branch, Indian tribes, local government, and interested parties to ensure that water resources of the state are wisely managed. [1990 c 295 § 1; 1971 ex.s. c 225 § 1.] 90.54.020 General declaration of fundamentals for utilization and management of waters of the state. Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals: (1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial. (2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost. (3) The quality of the natural environment shall be protected and, where possible, enhanced as follows: (a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served. (b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations 90.54.020 [Title 90 RCW—page 90] where it is clear that overriding considerations of the public interest will be served. Technology-based effluent limitations or standards for discharges for municipal water treatment plants located on the Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted to reflect credit for substances removed from the plant intake water if: (i) The municipality demonstrates that the intake water is drawn from the same body of water into which the discharge is made; and (ii) The municipality demonstrates that no violation of receiving water quality standards or appreciable environmental degradation will result. (4) The development of multipurpose water storage facilities shall be a high priority for programs of water allocation, planning, management, and efficiency. The department, other state agencies, local governments, and planning units formed under *section 107 or 108 of this act shall evaluate the potential for the development of new storage projects and the benefits and effects of storage in reducing damage to stream banks and property, increasing the use of land, providing water for municipal, industrial, agricultural, power generation, and other beneficial uses, and improving stream flow regimes for fisheries and other instream uses. (5) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs. (6) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions. (7) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state. In addition to traditional development approaches, improved water use efficiency, conservation, and use of reclaimed water shall be emphasized in the management of the state’s water resources and in some cases will be a potential new source of water with which to meet future needs throughout the state. Use of reclaimed water shall be encouraged through state and local planning and programs with incentives for state financial assistance recognizing programs and plans that encourage the use of conservation and reclaimed water use, and state agencies shall continue to review and reduce regulatory barriers and streamline permitting for the use of reclaimed water where appropriate. (8) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public. (9) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and groundwaters. (10) Expressions of the public interest will be sought at all stages of water planning and allocation discussions. (11) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest. (2008 Ed.) Water Resources Act of 1971 [2007 c 445 § 8; 1997 c 442 § 201; 1989 c 348 § 1; 1987 c 399 § 2; 1971 ex.s. c 225 § 2.] *Reviser’s note: Sections 107 and 108 of this act were vetoed by the governor. Findings—Intent—2007 c 445: See note following RCW 90.46.005. Part headings not law—Severability—1997 c 442: See RCW 90.82.900 and 90.82.901. Severability—1989 c 348: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 348 § 13.] Rights not impaired—1989 c 348: See RCW 90.54.920. 90.54.030 Water and related resources—Department to be advised—Water resources data program. For the purpose of ensuring that the department is fully advised in relation to the performance of the water resources program provided in RCW 90.54.040, the department is directed to become informed with regard to all phases of water and related resources of the state. To accomplish this objective the department shall: (1) Develop a comprehensive water resource data program that provides the information necessary for effective planning and management on a regional and statewide basis. The data program shall include an information management plan describing the data requirements for effective water resource planning, and a system for collecting and providing access to water resource data on a regional and statewide basis; (2) Collect, organize and catalog existing information and studies available to it from all sources, both public and private, pertaining to water and related resources of the state; (3) Develop such additional data and studies pertaining to water and related resources as are necessary to accomplish the objectives of this chapter; and (4) Develop alternate courses of action to solve existing and foreseeable problems of water and related resources and include therein, to the extent feasible, the economic and social consequences of each such course, and the impact on the natural environment. All the foregoing shall be included in a "water resources information system" established and maintained by the department. The department shall develop a system of cataloging, storing and retrieving the information and studies of the information system so that they may be made readily available to and effectively used not only by the department but by the public generally. [1997 c 32 § 1; 1990 c 295 § 2; 1988 c 47 § 4; 1971 ex.s. c 225 § 3.] 90.54.030 Application—Severability—1988 c 47: See notes following RCW 43.83B.300. 90.54.035 State funding of water resource programs—Priorities. (1) State funding of water resource, supply, and quality related capital programs, both current and future, shall, to the maximum extent possible within state or federal legal requirements, be directed to assist in the resolution of current conflicts and implementation of regional water resource plans with priority given to current needs over new requirements. (2) Consistent with RCW 90.54.180, priority shall be given, to the maximum extent possible within state or federal 90.54.035 (2008 Ed.) 90.54.045 legal requirements, to those water conservation projects funded by the state that will result in the greatest net water savings. [1991 c 347 § 3.] Purposes—1991 c 347: See note following RCW 90.42.005. Severability—1991 c 347: See RCW 90.42.900. 90.54.040 Comprehensive state water resources program—Modifying existing and adopting new regulations and statutes. (1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehensive state water resources program which will provide a process for making decisions on future water resource allocation and use. The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use. (2) In relation to the management and regulatory programs relating to water resources vested in it, the department is further directed to modify existing regulations and adopt new regulations, when needed and possible, to insure that existing regulatory programs are in accord with the water resource policy of this chapter and the program established in subsection (1) of this section. (3) The department is directed to review all statutes relating to water resources which it is responsible for implementing. When any of the same appear to the department to be ambiguous, unclear, unworkable, unnecessary, or otherwise deficient, it shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of this chapter, and the department is unable to fully perform as provided in subsection (2) of this section, the department is directed to submit statutory modifications to the legislature which, if enacted, would allow the department to carry out such statutes in harmony with this chapter. [1997 c 32 § 2; 1988 c 47 § 5; 1971 ex.s. c 225 § 4.] 90.54.040 Application—Severability—1988 c 47: See notes following RCW 43.83B.300. 90.54.045 Water resource planning—Pilot process— Report to the legislature. (1) In the development and implementation of the comprehensive state water resources program required in RCW 90.54.040(1), the process described therein shall involve participation of appropriate state agencies, Indian tribes, local governments, and interested parties, and shall be applied on a regional basis pursuant to subsection (2) of this section. (2) Prior to July 1, 1991, the department, with advice from appropriate state agencies, Indian tribes, local government, and interested parties, shall identify regions and establish regional boundaries for water resource planning and shall designate two regions in which the process shall be initiated on a pilot basis. One region shall encompass an area within the Puget Sound basin in which critical water resource issues exist. A concurrent pilot process may encompass a region east of the Cascade mountains. 90.54.045 [Title 90 RCW—page 91] 90.54.050 Title 90 RCW: Water Rights—Environment (3) The department shall report to the chairs of the appropriate legislative committees prior to July 1st each year summarizing the progress of the pilot process in the two regions. The pilot process in each region shall be completed and shall produce a regional water plan by December 31, 1993. (4) Appropriate state agencies, Indian tribes, local governments, and interested parties in regions not selected for the pilot program are strongly encouraged to commence water resource planning within their regions. [1991 c 347 § 4; 1990 c 295 § 3.] Effective date—1991 c 347 § 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [1991 c 347 § 28.] Purposes—1991 c 347: See note following RCW 90.42.005. Severability—1991 c 347: See RCW 90.42.900. 90.54.050 Setting aside or withdrawing waters— Rules—Consultation with legislative committees—Public hearing, notice—Review. In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW: (1) Reserve and set aside waters for beneficial utilization in the future, and (2) When sufficient information and data are lacking to allow for the making of sound decisions, withdraw various waters of the state from additional appropriations until such data and information are available. Before proposing the adoption of rules to withdraw waters of the state from additional appropriation, the department shall consult with the standing committees of the house of representatives and the senate having jurisdiction over water resource management issues. Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located. The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties. Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW 34.05.240. [1997 c 439 § 2; 1997 c 32 § 3; 1988 c 47 § 7; 1971 ex.s. c 225 § 5.] (1) The department shall make reasonable efforts to inform the people of the state about the state’s water and related resources and their management. The department in the performance of the responsibilities provided in this chapter shall not only invite but actively encourage participation by all persons and private groups and entities showing an interest in water resources programs of this chapter. (2) The department shall similarly invite and encourage participation by all agencies of federal, state and local government, including counties, municipal and public corporations, having interests or responsibilities relating to water resources. Said state and local agencies are directed to fully participate to insure that their interests are considered by the department. The department shall, when funds are made available to it for such purposes, provide assistance grants to said state and local agencies for the purposes of financing activities directed to be performed by them under this subsection. [1971 ex.s. c 225 § 6.] 90.54.050 Reviser’s note: This section was amended by 1997 c 32 § 3 and by 1997 c 439 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). WAC 173-563-015—Validity—1997 c 439: "WAC 173-563-015 as it existed prior to July 27, 1997, is void." [1997 c 439 § 1.] Application—Severability—1988 c 47: See notes following RCW 43.83B.300. 90.54.060 Department to seek involvement of other persons and entities, means—Assistance grants. To insure that all of the various persons and entities having an interest in the water resources of the state and the programs of the chapter are provided with a full opportunity for involvement not only with the development of the program but the implementation by the department under this chapter, the following directions are given: 90.54.060 [Title 90 RCW—page 92] 90.54.080 State to vigorously represent its interests before federal agencies, interstate agencies. The state shall vigorously represent its interest before water resource regulation, management, development, and use agencies of the United States, including among others the federal power commission, environmental protection agency, army corps of engineers, department of the interior, department of agriculture and the atomic energy commission, and of interstate agencies with regard to planning, licensing, relicensing, permit proposals, and proposed construction, development and utilization plans. Where federal or interstate agency plans, activities, or procedures conflict with state water policies, all reasonable steps available shall be taken by the state to preserve the integrity of this state’s policies. [1971 ex.s. c 225 § 8.] 90.54.080 90.54.090 State, local governments, municipal corporations to comply with chapter. All agencies of state and local government, including counties and municipal and public corporations, shall, whenever possible, carry out powers vested in them in manners which are consistent with the provisions of this chapter. [1987 c 505 § 82; 1977 c 75 § 95; 1971 ex.s. c 225 § 10.] 90.54.090 90.54.100 Department to evaluate needs for projects and alternative methods of financing. The department of ecology shall as a matter of high priority evaluate the needs for water resource development projects and the alternative methods of financing of the same by public and private agencies, including financing by federal, state and local governments and combinations thereof. Such evaluations shall be broadly based and be included as a part of the comprehensive state water resources program relating to uses and management as defined in RCW 90.54.030. [1997 c 32 § 5; 1971 ex.s. c 225 § 11.] 90.54.100 90.54.110 Authority to secure and obtain benefits, including grants. The department of ecology is authorized to obtain the benefits including acceptance of grants, of any program of the federal government or any other source to carry out the provisions of this chapter and is empowered to 90.54.110 (2008 Ed.) Water Resources Act of 1971 take such actions as are necessary and appropriate to secure such benefits. [1971 ex.s. c 225 § 12.] 90.54.120 "Department," "utilize," and "utilization" defined. For the purposes of this chapter, unless the context is clearly to the contrary, the following definitions shall be used: (1) "Department" means department of ecology. (2) "Utilize" or "utilization" shall not only mean use of water for such long recognized consumptive or nonconsumptive beneficial purposes as domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, thermal power production, mining, recreational, maintenance of wildlife and fishlife purposes, but includes the retention of water in lakes and streams for the protection of environmental, scenic, aesthetic and related purposes, upon which economic values have not been placed historically and are difficult to quantify. [1971 ex.s. c 225 § 13.] 90.54.120 90.54.130 Land use management policy modifications—Advisory recommendations. The department of ecology may recommend land use management policy modifications it finds appropriate for the further protection of ground and surface water resources in this state. Such advisory recommendations may be made to other state regulatory agencies, local governments, water systems, and other appropriate bodies. [1984 c 253 § 4.] 90.54.180 (2) Provide rights to the use of public waters under the state’s surface and ground water codes for these projects when the waters are available for allocation; and (3) Provide financial assistance through grants and loans for projects when moneys are made available to the department for this assistance by other provisions of this code. [1979 ex.s. c 216 § 9.] Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245. 90.54.160 Department to report on dam safety. The department of ecology shall report to the legislature on the last working day of December of 1984, 1985, and 1986, and thereafter as deemed appropriate by the department, on dam facilities that exhibit safety deficiencies sufficient to pose a significant threat to the safety of life and property. The report shall identify the owner or owners of such facilities, detail the owner’s ability and attitude towards correcting such deficiencies, and provide an estimate of the cost of correcting the deficiencies if a study has been completed. [1984 c 83 § 1.] 90.54.160 90.54.130 90.54.140 Protection of groundwater aquifers if sole drinking water source. The legislature hereby declares that the protection of groundwater aquifers which are the sole drinking water source for a given jurisdiction shall be of the uppermost priority of the state department of ecology, department of social and health services, and all local government agencies with jurisdiction over such areas. In administration of programs related to the disposal of wastes and other practices which may impact such water quality, the department of ecology, department of social and health services, and such affected local agencies shall explore all possible measures for the protection of the aquifer, including any appropriate incentives, penalties, or other measures designed to bring about practices which provide for the least impact on the quality of the groundwater. [1984 c 253 § 5.] 90.54.140 90.54.150 Water supply projects—Cooperation with other agencies—Scope of participation. When feasible, the department of ecology shall cooperate with the United States and other public entities, including Indian tribes, in the planning, development, and operation of comprehensive water supply projects designed primarily to resolve controversies and conflicts over water use by increasing water quantity and improving water quality within a stream or river system, or other bodies of water, as well as to enhance opportunities for both instream and diversionary water uses within the system, and, in relation thereto, the department may: (1) Participate with the federal government and other public entities in the planning, development, operation, and management of various phases of water projects hereafter authorized by congress; 90.54.150 (2008 Ed.) 90.54.170 Electric generation facility—Evaluation of application to appropriate water. In addition to other requirements of this chapter, when the proposed water resource development project involves a new water supply combined with an electric generation facility where such electricity generated may be sold to an entity authorized by law to distribute electricity, the department shall evaluate and utilize, in connection with any application to appropriate water pursuant to the water code, chapter 90.03 RCW, sufficient information furnished by the project applicant regarding the need for the project, alternative means of serving the purposes of the project, the cumulative effects of the project and similar projects that are built, under construction or permitted in the relevant river basin or basins, the impact, if any, on flood control plans and an estimate of the impact, if any, of the sale of the project’s electricity on the rates of utility customers of the Bonneville power administration. Such information shall be furnished at the project applicant’s own cost and expense. [1985 c 444 § 6.] 90.54.170 Intent—Construction—Severability—1985 c 444: See notes following RCW 35.92.010. 90.54.180 Water use efficiency and conservation programs and practices. Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the following: (1) Water efficiency and conservation programs should utilize an appropriate mix of economic incentives, cost share programs, regulatory programs, and technical and public information efforts. Programs which encourage voluntary participation are preferred. (2) Increased water use efficiency and reclaimed water should receive consideration as a potential source of water in state and local water resource planning processes. In determining the cost-effectiveness of alternative water sources, consideration should be given to the benefits of conservation, waste water recycling, and impoundment of waters. Where 90.54.180 [Title 90 RCW—page 93] 90.54.191 Title 90 RCW: Water Rights—Environment reclaimed water is a feasible replacement source of water, it shall be used by state agencies and state facilities for nonpotable water uses in lieu of the use of potable water. For purposes of this requirement, feasible replacement source means (a) the reclaimed water is of adequate quality and quantity for the proposed use; (b) the proposed use is approved by the departments of ecology and health; (c) the reclaimed water can be reliably supplied by a local public agency or public water system; and (d) the cost of the reclaimed water is reasonable relative to the costs of conservation or other potentially available supplies of potable water, after taking into account all costs and benefits, including environmental costs and benefits. (3) In determining the cost-effectiveness of alternative water sources, full consideration should be given to the benefits of storage which can reduce the damage to stream banks and property, increase the utilization of land, provide water for municipal, industrial, agricultural, and other beneficial uses, provide for the generation of electric power from renewable resources, and improve stream flow regimes for fishery and other instream uses. (4) Entities receiving state financial assistance for construction of water source expansion or acquisition of new sources shall develop, and implement if cost-effective, a water use efficiency and conservation element of a water supply plan pursuant to RCW 43.20.230(1). (5) State programs to improve water use efficiency should focus on those areas of the state in which water is overappropriated; areas that experience diminished streamflows or aquifer levels; regional areas that the governor has identified as high priority for investments in improved water quality and quantity, including the Spokane river, the Columbia river basin, and the Puget Sound; areas most likely to be affected by global warming; and areas where projected water needs, including those for instream flows, exceed available supplies. (6) Existing and future generations of citizens of the state of Washington should be made aware of the importance of the state’s water resources and the need for wise and efficient use and development of this vital resource. In order to increase this awareness, state agencies should integrate public information programs on increasing water use efficiency into existing public information efforts. This effort shall be coordinated with other levels of government, including local governments and Indian tribes. [2007 c 445 § 9; 1989 c 348 § 5.] Findings—Intent—2007 c 445: See note following RCW 90.46.005. Severability—1989 c 348: See note following RCW 90.54.020. 90.54.191 Stream flow restoration a priority. The department shall prioritize the expenditure of funds and other resources for programs related to stream flow restoration in watersheds where the exercise of inchoate water rights may have a larger effect on stream flows and other water uses. [2003 1st sp.s. c 5 § 10.] 90.54.191 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.54.800 Policy guidelines. Future development of hydropower and protection of river-related resources shall be guided by policies and programs which: 90.54.800 [Title 90 RCW—page 94] (1) Create opportunities for balanced development of cost-effective and environmentally sound hydropower projects by a range of development interests; (2) Protect significant values associated with the state’s rivers, including fish and wildlife populations and habitats, water quality and quantity, unique physical and botanical features, archeological sites, and scenic and recreational resources; (3) Protect the interests of the citizens of the state regarding river-related economic development, municipal water supply, supply of electric energy, flood control, recreational opportunity, and environmental integrity; (4) Fully utilize the state’s authority in the federal hydropower licensing process. [1989 c 159 § 3.] Legislative findings—1989 c 159: "The legislature finds that the task force on hydroelectric development and resource protection has recommended that: (1) The state adopt goals to direct future development of hydropower and protection of river-related resources; (2) The state take steps to enhance the existing hydropower permit review process; and (3) The state develop, in concert with appropriate interests, a comprehensive state hydropower plan." [1989 c 159 § 1.] Hydro task force—1989 c 159: "(1) The Washington state energy office shall contract with an independent facilitator to reconvene and coordinate the task force assembled to implement section 301, chapter 7, Laws of 1987 1st ex. sess. The task force shall prepare by March 31, 1991, a state comprehensive hydropower plan to serve the broad public interest regarding development of cost-effective electricity and conservation of river-related environmental values. Task force meetings shall be open to the public. The facilitator shall assist the task force in appropriate efforts to inform the general public regarding project concepts and progress. Task force members shall make appropriate efforts to inform the interest groups they represent. (2) By December 15, 1989, the task force shall engage in a midpoint review whereby participants can jointly appraise the progress of the project. If, in the opinion of the participants, a consensus to continue as a task force cannot be achieved, the executive agencies shall use their existing statutory authority to develop a plan, with the assistance of all affected parties and participating agencies, building upon the work that has been done by the task force. (3) If the task force continues beyond December 15, 1989, it shall by July 1, 1990, recommend to the legislature a lead agency for implementation and management of the state comprehensive hydropower plan." [1989 c 159 § 2.] Plan content—1989 c 159: "(1) At a minimum, the plan shall designate two categories of resource agreement areas: (a) Sensitive areas where hydropower development is likely to conflict with significant environmental values, and (b) less sensitive areas where development will not conflict with or may enhance environmental values. Some areas may remain unclassified due to lack of information or if they fall between the two categories. The plan shall integrate resource agreement area findings with existing state laws and programs including instream flow basin plans prepared by the department of ecology, watershed planning coordinated by the department of fisheries, watershed planning coordinated through the Puget Sound water quality authority, watershed planning for municipal water supply, the scenic rivers program administered by the parks and recreation commission, and the planning process developed through the joint select committee on water resources policy and any actions resulting from that process. (2) At a minimum, the final plan report shall: (a) List applicable laws, rules, and policies; (b) Describe the waterways or basins covered by the plan; (c) Designate the categories of resource agreement area for each waterway or basin; (d) Describe, for each waterway where hydropower is to be affected, the significant resources that cause the waterway or basin to be so designated; (e) Identify goals, objectives, and recommendations for improving, developing, or conserving affected waterways; (f) Describe how the plan is to be integrated with other planning activities and policy initiatives and how the plan will be implemented and amended; (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response (g) Assess the anticipated effect of the plan on hydropower development and resource protection; and (h) Describe the plan development process." [1989 c 159 § 4.] 90.54.900 Certain rights, authority, not to be affected by chapter. Nothing in this chapter shall affect any existing water rights, riparian, appropriative, or otherwise; nor shall it affect existing rights relating to the operation of any hydroelectric or water storage reservoir or related facility; nor shall it affect any exploratory work, construction or operation of a thermal power plant by an electric utility in accordance with the provisions of chapter 80.50 RCW. Nothing in this chapter shall enlarge or reduce the department of ecology’s authority to regulate the surface use of waters of this state or structures on the underlying beds, tidelands or shorelands. [1971 ex.s. c 225 § 9.] 90.54.900 90.54.910 Short title. This chapter shall be known and may be cited as the "Water Resources Act of 1971". [1971 ex.s. c 225 § 14.] 90.54.910 90.54.920 Rights not impaired. (1) Nothing in this act shall affect or operate to impair any existing water rights. (2) Nothing in this act shall be used to prevent future storage options, recognizing that storage may be necessary as a method of conserving water to meet both instream and outof-stream needs. (3) Nothing in this act shall infringe upon the rate-making prerogatives of any public water purveyor. (4) Nothing in this act shall preclude the joint select committee on water resource policy from reviewing any subject matter contained herein for any future modifications. [1989 c 348 § 3.] 90.54.920 Severability—1989 c 348: See note following RCW 90.54.020. Chapter 90.56 RCW OIL AND HAZARDOUS SUBSTANCE SPILL PREVENTION AND RESPONSE Chapter 90.56 Sections 90.56.005 90.56.010 90.56.020 90.56.030 90.56.040 90.56.050 90.56.060 90.56.070 90.56.080 90.56.100 90.56.110 90.56.120 90.56.130 90.56.200 90.56.210 90.56.220 90.56.230 90.56.240 90.56.250 90.56.260 90.56.270 90.56.280 (2008 Ed.) Findings—Purpose. Definitions. Director responsible for spill response. Powers and duties. Authority supplemental. Rules. Statewide master oil and hazardous substance spill prevention and contingency plan—Evaluation and revision or elimination of advisory committees. Coordination with federal law. Hazardous substances incident response training and education program. Washington wildlife rescue coalition. Rehabilitation of wildlife—Rules. Oil spill advisory council—Meetings—Travel expenses and compensation. Council—Duties—Work plan—Reports. Prevention plans. Contingency plans. Facility operation standards. Operations manuals. Standards for cleanup and containment services contractors. Index of prevention plans and contingency plans—Equipment inventory. Adequacy of contingency plans—Practice drills—Report. Enforcement of contingency plans. Duty to notify coast guard and division of emergency management of discharge. 90.56.300 90.56.310 90.56.320 90.56.330 90.56.335 90.56.340 90.56.350 90.56.360 90.56.370 90.56.380 90.56.390 90.56.400 90.56.410 90.56.420 90.56.500 90.56.510 90.56.530 90.56.540 90.56.550 90.56.560 90.56.900 90.56.901 90.56.902 90.56.904 90.56.905 90.56.005 Unlawful operation of facility—Criminal penalties. Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty. Unlawful for oil to enter waters—Exceptions. Additional penalties. Vessel response account—Dedicated rescue tug. Duty to remove oil. Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses. Liability for expenses. Strict liability of owner or controller of oil—Exceptions. Liability of others for cleanup expenses. Liability for removal costs. Department investigation of circumstances of entry of oil— Order for reimbursement of expenses—Modification— Action to recover necessary expenses. Right of entry and access to records pertinent to investigations. Authorized discharges of oil—Permits. Oil spill response account. Oil spill prevention account. Reckless operation of a tank vessel—Penalty. Operation of a vessel while under influence of liquor or drugs—Penalty. Breath or blood analysis. Limited immunity for blood withdrawal. Construction—Appeal not to stay order, rule, or regulation. Effective dates—1991 c 200. Captions not law. Severability—1991 c 200. Severability—1992 c 73. Environmental certification programs—Fees—Rules—Liability: RCW 43.21A.175. 90.56.005 Findings—Purpose. (1) The legislature declares that water borne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by vessels on the navigable waters of the state. These shipments are expected to increase in the coming years. Vessels transporting oil into Washington travel on some of the most unique and special marine environments in the United States. These marine environments are a source of natural beauty, recreation, and economic livelihood for many residents of this state. As a result, the state has an obligation to ensure the citizens of the state that the waters of the state will be protected from oil spills. (2) The legislature finds that prevention is the best method to protect the unique and special marine environments in this state. The technology for containing and cleaning up a spill of oil or hazardous substances is at best only partially effective. Preventing spills is more protective of the environment and more cost-effective when all the response and damage costs associated with responding to a spill are considered. Therefore, the legislature finds that the primary objective of the state is to achieve a zero spills strategy to prevent any oil or hazardous substances from entering waters of the state. (3) The legislature also finds that: (a) Recent accidents in Washington, Alaska, southern California, Texas, Pennsylvania, and other parts of the nation have shown that the transportation, transfer, and storage of oil have caused significant damage to the marine environment; (b) Even with the best efforts, it is nearly impossible to remove all oil that is spilled into the water, and average removal rates are only fourteen percent; 90.56.005 [Title 90 RCW—page 95] 90.56.010 Title 90 RCW: Water Rights—Environment (c) Washington’s navigable waters are treasured environmental and economic resources that the state cannot afford to place at undue risk from an oil spill; (d) The state has a fundamental responsibility, as the trustee of the state’s natural resources and the protector of public health and the environment to prevent the spill of oil; and (e) In section 5002 of the federal oil pollution act of 1990, the United States congress found that many people believed that complacency on the part of industry and government was one of the contributing factors to the Exxon Valdez spill and, further, that one method to combat this complacency is to involve local citizens in the monitoring and oversight of oil spill plans. Congress also found that a mechanism should be established that fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals. Moreover, congress concluded that, in addition to Alaska, a program of citizen monitoring and oversight should be established in other major crude oil terminals in the United States because recent oil spills indicate that the safe transportation of oil is a national problem. (4) In order to establish a comprehensive prevention and response program to protect Washington’s waters and natural resources from spills of oil, it is the purpose of this chapter: (a) To establish state agency expertise in marine safety and to centralize state activities in spill prevention and response activities; (b) To prevent spills of oil and to promote programs that reduce the risk of both catastrophic and small chronic spills; (c) To ensure that responsible parties are liable, and have the resources and ability, to respond to spills and provide compensation for all costs and damages; (d) To provide for state spill response and wildlife rescue planning and implementation; (e) To support and complement the federal oil pollution act of 1990 and other federal law, especially those provisions relating to the national contingency plan for cleanup of oil spills and discharges, including provisions relating to the responsibilities of state agencies designated as natural resource trustees. The legislature intends this chapter to be interpreted and implemented in a manner consistent with federal law; (f) To provide broad powers of regulation to the department of ecology relating to spill prevention and response; (g) To provide for an independent oil spill advisory council to review on an ongoing basis the adequacy of oil spill prevention, preparedness, and response activities in this state; and (h) To provide an adequate funding source for state response and prevention programs. [2005 c 304 § 1; 2004 c 226 § 2; 1991 c 200 § 101; 1990 c 116 § 1.] 90.56.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director’s determina90.56.010 [Title 90 RCW—page 96] tion of best achievable protection shall be guided by the critical need to protect the state’s natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures. (2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology. (3) "Board" means the pollution control hearings board. (4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters. (5) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system. (6) "Committee" means the preassessment screening committee established under RCW 90.48.368. (7) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel. (8) "Department" means the department of ecology. (9) "Director" means the director of the department of ecology. (10) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (11)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk. (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; (iii) motor vehicle motor fuel outlet; (iv) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction. (12) "Fund" means the state coastal protection fund as provided in RCW 90.48.390 and 90.48.400. (13) "Having control over oil" shall include but not be limited to any person using, storing, or transporting oil immediately prior to entry of such oil into the waters of the state, and shall specifically include carriers and bailees of such oil. (14) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel. (15) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce. (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response (16) "Necessary expenses" means the expenses incurred by the department and assisting state agencies for (a) investigating the source of the discharge; (b) investigating the extent of the environmental damage caused by the discharge; (c) conducting actions necessary to clean up the discharge; (d) conducting predamage and damage assessment studies; and (e) enforcing the provisions of this chapter and collecting for damages caused by a discharge. (17) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. (18) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. (19) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines. (20)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment. (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility. (21) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation. (22) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever. (23) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind. (24) "Spill" means an unauthorized discharge of oil or hazardous substances into the waters of the state. (25) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that: (a) Operates on the waters of the state; or (b) Transfers oil in a port or place subject to the jurisdiction of this state. (26) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington. (2008 Ed.) 90.56.020 (27) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions. [2007 c 347 § 6; 2000 c 69 § 15; 1992 c 73 § 31; 1991 c 200 § 102; 1990 c 116 § 2; 1989 c 388 § 6; 1985 c 316 § 5; 1971 ex.s. c 180 § 1; 1970 ex.s. c 88 § 1; 1969 ex.s. c 133 § 10. Formerly RCW 90.48.315.] Effective dates—1992 c 73: See RCW 82.23B.902. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Intent—1989 c 388: "The legislature finds that oil spills can cause significant damage to the environment and natural resources held in trust by and for the people of this state. Some of these damages are unquantifiable, and others cannot be quantified at a reasonable cost. Both quantifiable and unquantifiable damages often occur despite prompt containment and cleanup measures. Due to the inability to measure the exact nature and extent of certain types of damages, current damage assessment methodologies used by the state inadequately assess the damage caused by oil spills. In light of the magnitude of environmental and natural resource damage which may be caused by oil spills, and the importance of fishing, tourism, recreation, and Washington’s natural abundance and beauty to the quality of life and economic future of the people of this state, the legislature declares that compensation should be sought for those damages that cannot be quantified at a reasonable cost and for those unquantifiable damages that result from oil spills. This compensation is intended to ensure that the public does not bear substantial losses caused by oil pollution for which compensation may not otherwise be received." [1989 c 388 § 1.] Application—1989 c 388: "This act applies prospectively only, and not retroactively. It applies only to causes of action which arise after May 13, 1989." [1989 c 388 § 12.] Captions not law—1989 c 388: "Section headings as used in this act do not constitute any part of the law." [1989 c 388 § 13.] Severability—1989 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 388 § 14.] Severability—1969 ex.s. c 133: "If any provision of this 1969 act or the application thereof to any person or circumstance is held invalid, this 1969 act can be given effect without the invalid provision or application; and to this end the provisions of this 1969 act are declared to be severable. This 1969 act shall be liberally construed to effectuate its purpose." [1969 ex.s. c 133 § 12.] Marine oil pollution—Baseline study program: RCW 43.21A.405 through 43.21A.420. 90.56.020 Director responsible for spill response. Except as otherwise specifically provided in this chapter or other law, the director has the primary authority, in conformance with the statewide master oil and hazardous substance spill prevention and contingency plan adopted pursuant to RCW 90.56.060 and any applicable contingency plans prepared pursuant to this chapter and chapter 88.46 RCW, to oversee prevention, abatement, response, containment, and cleanup efforts with regard to any oil or hazardous substance spill in the navigable waters of the state. The director is the head of the state incident command system in response to a spill of oil or hazardous substances and shall coordinate the response efforts of all state agencies and local emergency response personnel. If a discharge of oil or hazardous substances is subject to the national contingency plan, in responding to the discharge, the director shall to the greatest extent practicable act in accordance with the national contingency plan and cooperate with the federal on-scene coordinator or other federal agency or official exercising authority under the national contingency plan. [1991 c 200 § 103.] 90.56.020 [Title 90 RCW—page 97] 90.56.030 Title 90 RCW: Water Rights—Environment 90.56.030 Powers and duties. The powers, duties, and functions conferred by this chapter shall be exercised by the department of ecology and shall be deemed an essential government function in the exercise of the police power of the state. Such powers, duties, and functions of the department shall extend to all waters under the jurisdiction of the state. [1991 c 200 § 104; 1971 ex.s. c 180 § 2. Formerly RCW 90.48.370.] 90.56.030 90.56.040 Authority supplemental. This chapter grants authority to the department which is supplemental to and in no way reduces or otherwise modifies the powers granted to the department by other statutes. [1991 c 200 § 105; 1987 c 109 § 153; 1969 ex.s. c 133 § 11. Formerly RCW 90.48.365.] 90.56.040 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.050 Rules. The department may adopt rules including but not limited to the following matters: (1) Procedures and methods of reporting discharges and other occurrences prohibited by this chapter; (2) Procedures, methods, means, and equipment to be used by persons subject to regulation by this chapter and such rules may prescribe the times, places, and methods of transfer of oil; (3) Coordination of procedures, methods, means, and equipment to be used in the removal of oil; (4) Development and implementation of criteria and plans to meet oil spills of various kinds and degrees; (5) When and under what circumstances, if any, chemical agents, such as coagulants, dispersants, and bioremediation, may be used in response to an oil spill; (6) The disposal of oil recovered from a spill; and (7) Such other rules and regulations as the exigencies of any condition may require or such as may be reasonably necessary to carry out the intent of this chapter. [1991 c 200 § 106; 1971 ex.s. c 180 § 3. Formerly RCW 90.48.380.] 90.56.050 90.56.060 Statewide master oil and hazardous substance spill prevention and contingency plan—Evaluation and revision or elimination of advisory committees. (1) The department shall prepare and annually update a statewide master oil and hazardous substance spill prevention and contingency plan. In preparing the plan, the department shall consult with an advisory committee representing diverse interests concerned with oil and hazardous substance spills, including the United States coast guard, the federal environmental protection agency, state agencies, local governments, port districts, private facilities, environmental organizations, oil companies, shipping companies, containment and cleanup contractors, tow companies, hazardous substance manufacturers, and with the oil spill advisory council. (2) The state master plan prepared under this section shall at a minimum: (a) Take into consideration the elements of oil spill prevention and contingency plans approved or submitted for approval pursuant to this chapter and chapter 88.46 RCW and oil and hazardous substance spill contingency plans prepared pursuant to other state or federal law or prepared by federal agencies and regional entities; 90.56.060 [Title 90 RCW—page 98] (b) State the respective responsibilities as established by relevant statutes and rules of each of the following in the prevention of and the assessment, containment, and cleanup of a worst case spill of oil or hazardous substances into the environment of the state: (i) State agencies; (ii) local governments; (iii) appropriate federal agencies; (iv) facility operators; (v) property owners whose land or other property may be affected by the oil or hazardous substance spill; and (vi) other parties identified by the department as having an interest in or the resources to assist in the containment and cleanup of an oil or hazardous substance spill; (c) State the respective responsibilities of the parties identified in (b) of this subsection in an emergency response; (d) Identify actions necessary to reduce the likelihood of spills of oil and hazardous substances; (e) Identify and obtain mapping of environmentally sensitive areas at particular risk to oil and hazardous substance spills; (f) Establish an incident command system for responding to oil and hazardous substances spills; and (g) Establish a process for immediately notifying affected tribes of any oil spill. (3) In preparing and updating the state master plan, the department shall: (a) Consult with federal, provincial, municipal, and community officials, other state agencies, the state of Oregon, and with representatives of affected regional organizations; (b) Submit the draft plan to the public for review and comment; (c) Submit to the appropriate standing committees of the legislature for review, not later than November 1st of each year, the plan and any annual revision of the plan; and (d) Require or schedule unannounced oil spill drills as required by RCW 90.56.260 to test the sufficiency of oil spill contingency plans approved under RCW 90.56.210. (4) The department shall evaluate the functions of advisory committees created by the department regarding oil spill prevention, preparedness, and response programs, and shall revise or eliminate those functions which are no longer necessary. [2005 c 304 § 4; 2004 c 226 § 4; 2000 c 69 § 16; 1991 c 200 § 107; 1990 c 116 § 10. Formerly RCW 90.48.378.] Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.070 Coordination with federal law. In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the department shall to the greatest extent practicable implement this chapter in a manner consistent with federal law. [1991 c 200 § 108.] 90.56.070 90.56.080 Hazardous substances incident response training and education program. The division of fire protection services shall establish and manage the Washington oil and hazardous substances incident response training and education program to provide approved classes in hazardous substance response, taught by trained instructors. To carry out this program, the division of fire protection services shall: (1) Adopt rules necessary to implement the program; (2) Establish a training and education program by developing the curriculum to be used in the program in colleges, academies, and other educational institutions; 90.56.080 (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response (3) Provide training to local oil and hazardous materials emergency response personnel; and (4) Establish and collect admission fees and other fees that may be necessary to the program. [2000 c 69 § 17; 1991 c 200 § 109.] 90.56.100 Washington wildlife rescue coalition. (1) The Washington wildlife rescue coalition is established for the purpose of coordinating the rescue and rehabilitation of wildlife injured or endangered by oil spills or the release of other hazardous substances into the environment. (2) The Washington wildlife rescue coalition shall be composed of: (a) A representative of the department of fish and wildlife designated by the director of fish and wildlife. The department of fish and wildlife shall be designated as lead agency in the operations of the coalition. The coalition shall be chaired by the representative from the department of fish and wildlife; (b) A representative of the department of ecology designated by the director; (c) A representative of the Washington military department emergency management division, designated by the director of the Washington military department; (d) A licensed veterinarian, with experience and training in wildlife rehabilitation, appointed by the veterinary board of governors; (e) A lay person, with training and experience in the rescue and rehabilitation of wildlife appointed by the department; and (f) A person designated by the legislative authority of the county where oil spills or spills of other hazardous substances may occur. This member of the coalition shall serve on the coalition until wildlife rescue and rehabilitation is completed in that county. The completion of any rescue or rehabilitation project shall be determined by the director of fish and wildlife. (3) The duties of the Washington wildlife rescue coalition are to: (a) Develop an emergency mobilization plan to rescue and rehabilitate waterfowl and other wildlife that are injured or endangered by an oil spill or the release of other hazardous substances into the environment; (b) Develop and maintain a resource directory of persons, governmental agencies, and private organizations that may provide assistance in an emergency rescue effort; (c) Provide advance training and instruction to volunteers in rescuing and rehabilitating waterfowl and wildlife injured or endangered by oil spills or the release of other hazardous substances into the environment. The training may be provided through grants to community colleges or to groups that conduct programs for training volunteers. The coalition representatives from the agencies described in subsection (2) of this section shall coordinate their training efforts and work to provide training opportunities for young citizens; (d) Obtain and maintain equipment and supplies used in emergency rescue efforts. (4)(a) Expenses for the coalition may be provided by the coastal protection fund administered according to RCW 90.48.400. 90.56.100 (2008 Ed.) 90.56.120 (b) The coalition is encouraged to seek grants, gifts, or donations from private sources in order to carry out the provisions of this section and RCW 90.56.110. Any private funds donated to the commission shall be deposited into the wildlife rescue account hereby created within the *wildlife fund as authorized under Title 77 RCW. [2000 c 69 § 18; 1998 c 245 § 175; 1994 c 264 § 94; 1992 c 73 § 32; 1990 c 116 § 12. Formerly RCW 90.48.387.] *Reviser’s note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Effective dates—1992 c 73: See RCW 82.23B.902. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.110 Rehabilitation of wildlife—Rules. The department of fish and wildlife may adopt rules including, but not limited to, the following: (1) Procedures and methods of handling and caring for waterfowl or other wildlife affected by spills of oil and other hazardous materials; (2) The certification of persons trained in the removal of pollutants from waterfowl or other wildlife; (3) Development of procedures with respect to removal of oil and other hazardous substances from waterfowl or other wildlife; (4) The establishment of training exercises, courses, and other training procedures as necessary; (5) Such other rules as may be reasonably necessary to carry out the intent of RCW 90.56.100. [1994 c 264 § 95; 1990 c 116 § 13. Formerly RCW 90.48.388.] 90.56.110 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.120 Oil spill advisory council—Meetings— Travel expenses and compensation. (1)(a) There is established in the office of the governor the oil spill advisory council. (b) The primary purpose of the council is to maintain the state’s vigilance in, by ensuring an emphasis on, the prevention of oil spills to marine waters, while recognizing the importance of also improving preparedness and response. (c) The council shall be an advisory body only. (2)(a) In addition to members appointed under (b) of this subsection, the council is composed of the chair-facilitator and sixteen members representing various interests as follows: (i) Three representatives of environmental organizations; (ii) One representative of commercial shellfish interests; (iii) One representative of commercial fisheries that primarily fishes in Washington waters; (iv) One representative of marine recreation; (v) One representative of tourism interests; (vi) Three representatives of county government from counties bordering Puget Sound, the Columbia river/Pacific Ocean, and the Strait of Juan de Fuca/San Juan Islands; (vii) One representative of marine labor; (viii) Two representatives of marine trade interests; (ix) One representative of major oil facilities; (x) One representative of public ports; and 90.56.120 [Title 90 RCW—page 99] 90.56.130 Title 90 RCW: Water Rights—Environment (xi) An individual who resides on a shoreline who has an interest, experience, and familiarity in the protection of water quality. (b) In addition to the members identified in this subsection, the governor shall invite the participation of tribal governments through the appointment of two representatives to the council. (3) Appointments to the council shall reflect a geographical balance and the diversity of populations within the areas potentially affected by oil spills to state waters. (4) Members shall be appointed by the governor and shall serve four-year terms, except the initial members appointed to the council. Initial members to the council shall be appointed as follows: Six shall serve two-year terms, six shall serve three-year terms, and seven shall serve four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position vacated. Members serve at the pleasure of the governor. (5) The governor shall appoint a chair-facilitator who shall serve as a nonvoting member of the council. The chair shall not be an employee of a state agency, nor shall the chair have a financial interest in matters relating to oil spill prevention, preparedness, and response. The chair shall convene the council at least four times per year. At least one meeting per year shall be held in a Columbia river community, an ocean coastal community, and a Puget Sound community. The chair shall consult with councilmembers in setting agendas and determining meeting times and locations. (6) All members shall be reimbursed for travel expenses while attending meetings of the council or technical advisory committees, or when on official business authorized by the chair-facilitator, as provided in RCW 43.03.050 and 43.03.060. Members of the council identified in subsection (2)(a)(i), (ii), (iii), (iv), (v), (vi), (vii), and (xi) of this section and the chair-facilitator shall each be compensated on a per diem basis as a class two group according to RCW 43.03.230. (7) The first meeting of the council shall be convened by the governor or the governor’s designee. Other meetings may be convened by a vote of at least a majority of the voting members of the council, or by call of the chair. All meetings are subject to the open public meetings act. The council shall maintain minutes of all meetings. (8) To the extent possible, all decisions of the council shall be by the consensus of the members. If consensus is not possible, nine voting members of the council may call for a vote on a matter. When a vote is called, all decisions shall be determined by a majority vote of the voting members present. Two-thirds of the voting members are required to be present for a quorum for all votes. The subject matter of all votes and the vote tallies shall be recorded in the minutes of the council. (9) The council may form subcommittees and technical advisory committees. [2006 c 372 § 907; 2005 c 304 § 2.] Severability—Effective date—2006 c 372: See notes following RCW 73.04.135. 90.56.130 Council—Duties—Work plan—Reports. (1) The duties of the council include: (a) Selection and hiring of professional staff and expert consultants to support the work of the council; (b) Early consultation with government decision makers in relation to the state’s oil spill prevention, preparedness, and response programs, analyses, rule making, and related oil spill activities; (c) Providing independent advice, expertise, research, monitoring, and assessment for review of and necessary improvements to the state’s oil spill prevention, preparedness, and response programs, analyses, rule making, and other decisions, including those of the Northwest area committee, as well as the adequacy of funding for these programs; (d) Monitoring and providing information to the public as well as state and federal agencies regarding state of the art oil spill prevention, preparedness, and response programs; (e) Actively seeking public comments on and proposals for specific measures to improve the state’s oil spill prevention, preparedness, and response program, including measures to improve the effectiveness of the Northwest area committee; (f) Evaluating incident response reports and making recommendations to the department regarding improvements; (g) Consulting with the department on lessons learned and agency progress on necessary actions in response to lessons learned; (h) Promoting opportunities for the public to become involved in oil spill response activities and provide assistance to community groups with an interest in oil spill prevention and response, and coordinating with the department on the development and implementation of a citizens’ involvement plan; (i) Serving as an advisory body to the department on matters relating to international, national, and regional issues concerning oil spill prevention, preparedness, and response, and providing a mechanism for stakeholder and public consideration of federal actions relating to oil spill preparedness, prevention, and response in or near the waters of the state with recommended changes or improvements in federal policies on these matters; (j) Accepting moneys from appropriations, gifts, grants, or donations for the purposes of this section; and (k) Any other activities necessary to maintain the state’s vigilance in preventing oil spills. (2) The council shall establish a work plan for accomplishing the duties identified in subsection (1) of this section. (3) The council is not intended to address issues related to spills involving hazardous substances. (4) By September 15, 2006, the council shall recommend to the governor and appropriate committees of the legislature, proposals for the long-term funding of the council’s activities and for the long-term sustainable funding for oil spill preparedness, prevention, and response activities. (5) By September 1st of each year, the council shall make recommendations for the continuing improvement of the state’s oil spill prevention, preparedness, and response activities through a report to the governor, the director, and the appropriate committees of the senate and house of representatives. [2005 c 304 § 3.] 90.56.130 [Title 90 RCW—page 100] 90.56.200 Prevention plans. (1) The owner or operator for each onshore and offshore facility shall prepare and submit to the department an oil spill prevention plan in conform90.56.200 (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response ance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill prevention plan may be consolidated with a spill contingency plan submitted pursuant to RCW 90.56.210. The department may accept plans prepared to comply with other state or federal law as spill prevention plans to the extent those plans comply with the requirements of this chapter. The department, by rule, shall establish standards for spill prevention plans. (2) The spill prevention plan for an onshore or offshore facility shall: (a) Establish compliance with the federal oil pollution act of 1990, if applicable, and financial responsibility requirements under federal and state law; (b) Certify that supervisory and other key personnel in charge of transfer, storage, and handling of oil have received certification pursuant to RCW 90.56.220; (c) Certify that the facility has an operations manual required by RCW 90.56.230; (d) Certify the implementation of alcohol and drug use awareness programs; (e) Describe the facility’s maintenance and inspection program and contain a current maintenance and inspection record of the storage and transfer facilities and related equipment; (f) Describe the facility’s alcohol and drug treatment programs; (g) Describe spill prevention technology that has been installed, including overflow alarms, automatic overflow cutoff switches, secondary containment facilities, and storm water retention, treatment, and discharge systems; (h) Describe any discharges of oil to the land or the water of more than twenty-five barrels in the prior five years and the measures taken to prevent a reoccurrence; (i) Describe the procedures followed by the facility to contain and recover any oil that spills during the transfer of oil to or from the facility; (j) Provide for the incorporation into the facility during the period covered by the plan of those measures that will provide the best achievable protection for the public health and the environment; and (k) Include any other information reasonably necessary to carry out the purposes of this chapter required by rules adopted by the department. (3) The department shall only approve a prevention plan if it provides the best achievable protection from damages caused by the discharge of oil into the waters of the state and if it determines that the plan meets the requirements of this section and rules adopted by the department. (4) Upon approval of a prevention plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the facilities covered by the plan, and other information the department determines should be included. (5) The approval of a prevention plan shall be valid for five years. An owner or operator of a facility shall notify the department in writing immediately of any significant change of which it is aware affecting its prevention plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the (2008 Ed.) 90.56.210 owner or operator to update a prevention plan as a result of these changes. (6) The department by rule shall require prevention plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years. (7) Approval of a prevention plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law. (8) This section does not authorize the department to modify the terms of a collective bargaining agreement. [2000 c 69 § 19; 1991 c 200 § 201.] Reviser’s note: Chapter 226, Laws of 2004 (Substitute Senate Bill No. 6641) directed that: "If specific funding for the purposes of sections 5 and 6 of this act, referencing sections 5 and 6 of this act by bill or chapter or section number, is not provided by June 30, 2004, in the omnibus transportation appropriations act, sections 5 and 6 of this act are null and void." Substitute Senate Bill No. 6641 was referenced by bill number in chapter 276, Laws of 2004, the omnibus operating appropriations act, in section 301(9), however neither the bill nor the chapter number were mentioned in chapter 229, Laws of 2004, the omnibus transportation appropriations act. Therefore, the chapter 226, Laws of 2004 amendments to RCW 90.56.200 and 90.56.210, did not take effect. 90.56.210 Contingency plans. (1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by rule adopt and periodically revise standards for the preparation of contingency plans. The department shall require contingency plans, at a minimum, to meet the following standards: (a) Include full details of the method of response to spills of various sizes from any facility which is covered by the plan; (b) Be designed to be capable in terms of personnel, materials, and equipment, of promptly and properly, to the maximum extent practicable, as defined by the department removing oil and minimizing any damage to the environment resulting from a worst case spill; (c) Provide a clear, precise, and detailed description of how the plan relates to and is integrated into relevant contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal government; (d) Provide procedures for early detection of oil spills and timely notification of such spills to appropriate federal, state, and local authorities under applicable state and federal law; (e) State the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to direct and implement the plan; (f) Incorporate periodic training and drill programs to evaluate whether personnel and equipment provided under the plan are in a state of operational readiness at all times; (g) Describe important features of the surrounding environment, including fish and wildlife habitat, shellfish beds, environmentally and archaeologically sensitive areas, and public facilities. The departments of ecology, fish and wildlife, and natural resources, and the *office of archaeology and historic preservation, upon request, shall provide information that they have available to assist in preparing this description. 90.56.210 [Title 90 RCW—page 101] 90.56.210 Title 90 RCW: Water Rights—Environment The description of archaeologically sensitive areas shall not be required to be included in a contingency plan until it is reviewed and updated pursuant to subsection (9) of this section; (h) State the means of protecting and mitigating effects on the environment, including fish, shellfish, marine mammals, and other wildlife, and ensure that implementation of the plan does not pose unacceptable risks to the public or the environment; (i) Provide arrangements for the prepositioning of oil spill containment and cleanup equipment and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil; (j) Provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan; (k) Provide for disposal of recovered spilled oil in accordance with local, state, and federal laws; (l) Until a spill prevention plan has been submitted pursuant to RCW 90.56.200, state the measures that have been taken to reduce the likelihood that a spill will occur, including but not limited to, design and operation of a facility, training of personnel, number of personnel, and backup systems designed to prevent a spill; (m) State the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment; and (n) If the department has adopted rules permitting the use of dispersants, the circumstances, if any, and the manner for the application of the dispersants in conformance with the department’s rules. (2)(a) The following shall submit contingency plans to the department within six months after the department adopts rules establishing standards for contingency plans under subsection (1) of this section: (i) Onshore facilities capable of storing one million gallons or more of oil; and (ii) Offshore facilities. (b) Contingency plans for all other onshore and offshore facilities shall be submitted to the department within eighteen months after the department has adopted rules under subsection (1) of this section. The department may adopt a schedule for submission of plans within the eighteen-month period. (3)(a) The owner or operator of a facility shall submit the contingency plan for the facility. (b) A person who has contracted with a facility to provide containment and cleanup services and who meets the standards established pursuant to RCW 90.56.240, may submit the plan for any facility for which the person is contractually obligated to provide services. Subject to conditions imposed by the department, the person may submit a single plan for more than one facility. (4) A contingency plan prepared for an agency of the federal government or another state that satisfies the requirements of this section and rules adopted by the department may be accepted by the department as a contingency plan under this section. The department shall ensure that to the greatest extent possible, requirements for contingency plans under this section are consistent with the requirements for contingency plans under federal law. [Title 90 RCW—page 102] (5) In reviewing the contingency plans required by this section, the department shall consider at least the following factors: (a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call down lists, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment; (b) The nature and amount of vessel traffic within the area covered by the plan; (c) The volume and type of oil being transported within the area covered by the plan; (d) The existence of navigational hazards within the area covered by the plan; (e) The history and circumstances surrounding prior spills of oil within the area covered by the plan; (f) The sensitivity of fisheries, shellfish beds, and wildlife and other natural resources within the area covered by the plan; (g) Relevant information on previous spills contained in on-scene coordinator reports prepared by the department; and (h) The extent to which reasonable, cost-effective measures to prevent a likelihood that a spill will occur have been incorporated into the plan. (6) The department shall approve a contingency plan only if it determines that the plan meets the requirements of this section and that, if implemented, the plan is capable, in terms of personnel, materials, and equipment, of removing oil promptly and properly and minimizing any damage to the environment. (7) The approval of the contingency plan shall be valid for five years. Upon approval of a contingency plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the facilities or vessels covered by the plan, and other information the department determines should be included. (8) An owner or operator of a facility shall notify the department in writing immediately of any significant change of which it is aware affecting its contingency plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a contingency plan as a result of these changes. (9) The department by rule shall require contingency plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years. (10) Approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law. [2005 c 78 § 1; 2000 c 69 § 20; 1992 c 73 § 33; 1991 c 200 § 202; 1990 c 116 § 3. Formerly RCW 90.48.371.] Reviser’s note: *(1) Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12. (2) Chapter 226, Laws of 2004 (Substitute Senate Bill No. 6641) directed that: "If specific funding for the purposes of sections 5 and 6 of this act, referencing sections 5 and 6 of this act by bill or chapter or section number, is not provided by June 30, 2004, in the omnibus transportation appropriations act, sections 5 and 6 of this act are null and void." Substitute Senate Bill No. 6641 was referenced by bill number in chapter 276, Laws of 2004, (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response the omnibus operating appropriations act, in section 301(9), however neither the bill nor the chapter number were mentioned in chapter 229, Laws of 2004, the omnibus transportation appropriations act. Therefore, the chapter 226, Laws of 2004 amendments to RCW 90.56.200 and 90.56.210, did not take effect. Effective dates—1992 c 73: See RCW 82.23B.902. Severability—1990 c 116: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1990 c 116 § 35.] 90.56.220 Facility operation standards. (1) The department by rule shall adopt standards for onshore and offshore facilities regarding the equipment and operation of the facilities with respect to the transfer, storage, and handling of oil to ensure that the best achievable protection of the public health and the environment is employed at all times. The department shall implement a program to provide for the inspection of all onshore and offshore facilities on a regular schedule to ensure that each facility is in compliance with the standards. (2) The department shall adopt rules for certification of supervisory and other key personnel in charge of the transfer, storage, and handling of oil at onshore and offshore facilities. The rules shall include, but are not limited to: (a) Minimum training requirements for all facility workers involved in the transfer, storage, and handling of oil at a facility; (b) Provisions for periodic renewal of certificates for supervisory and other key personnel involved in the transfer, storage, and handling of oil at the facility; and (c) Continuing education requirements. (3) The rules adopted by the department shall not conflict with or modify standards imposed pursuant to federal or state laws regulating worker safety. [1991 c 200 § 203.] 90.56.220 90.56.230 Operations manuals. (1) Each owner or operator of an onshore or offshore facility shall prepare an operations manual describing equipment and procedures involving the transfer, storage, and handling of oil that the operator employs or will employ for best achievable protection for the public health and the environment and to prevent oil spills in the navigable waters. The operations manual shall also describe equipment and procedures required for all vessels to or from which oil is transferred through use of the facility. The operations manual shall be submitted to the department for approval. (2) Every existing onshore and offshore facility shall prepare and submit to the department its operations manual within eighteen months after the department has adopted rules governing the content of the manual. (3) The department shall approve an operations manual for an onshore or offshore facility if the manual complies with the rules adopted by the department. If the department determines a manual does not comply with the rules, it shall provide written reasons for the decision. The owner or operator shall resubmit the manual within ninety days of notification of the reasons for noncompliance, responding to the reasons and incorporating any suggested modifications. (4) The approval of an operations manual shall be valid for five years. The owner or operator of the facility shall notify the department in writing immediately of any signifi90.56.230 (2008 Ed.) 90.56.270 cant change in its operations affecting its operations manual. The department may require the owner or operator to modify its operations manual as a result of these changes. (5) All equipment and operations of an operator’s onshore or offshore facility shall be maintained and carried out in accordance with the facility’s operations manual. The owner or operator of the facility shall ensure that all covered vessels docked at an onshore or offshore facility comply with the terms of the operations manual for the facility. [1991 c 200 § 204.] 90.56.240 Standards for cleanup and containment services contractors. The department shall by rule establish standards for persons who contract to provide cleanup and containment services under contingency plans approved under RCW 90.56.210. [1990 c 116 § 4. Formerly RCW 90.48.372.] 90.56.240 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.250 Index of prevention plans and contingency plans—Equipment inventory. The department shall annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills submitted and approved pursuant to RCW 90.56.200, 90.56.210, 88.46.040, and 88.46.060 and an inventory of equipment available for responding to such spills. [1991 c 200 § 205; 1990 c 116 § 5. Formerly RCW 90.48.373.] 90.56.250 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.260 Adequacy of contingency plans—Practice drills—Report. The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 90.56.210. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation. [1990 c 116 § 6. Formerly RCW 90.48.374.] 90.56.260 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.270 Enforcement of contingency plans. (1) The provisions of contingency plans approved by the department under RCW 90.56.210 and prevention plans approved by the department pursuant to RCW 90.56.200 shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, compel specific performance of, or otherwise to enforce such plans upon application by the department. The department may issue an order pursuant to chapter 34.05 RCW requiring compliance with a contingency plan or a prevention plan and 90.56.270 [Title 90 RCW—page 103] 90.56.280 Title 90 RCW: Water Rights—Environment may impose administrative penalties under RCW 43.21B.300 for failure to comply with a plan. An order under this section is not subject to review by the pollution control hearings board as provided in RCW 43.21B.110. (2)(a) Any person responsible or potentially responsible for a discharge, all of the agents and employees of that person, the operators of all vessels docked at an onshore or offshore facility that is a source of a discharge, and all state and local agencies shall carry out response and cleanup operations in accordance with applicable contingency plans, unless directed otherwise by the director or the coast guard. Except as provided in (b) of this subsection, the responsible party, potentially responsible parties, their agents and employees, the operators of all vessels docked at an onshore or offshore facility that is the source of the discharge, and all state and local agencies shall carry out whatever direction is given by the director in connection with the response, containment, and cleanup of the spill, if the directions are not in direct conflict with the directions of the coast guard. (b) If a responsible party or potentially responsible party reasonably, and in good faith, believes that the directions or orders given by the director pursuant to (a) of this subsection will substantially endanger the public safety or the environment, the party may refuse to act in compliance with the orders or directions of the director. The responsible party or potentially responsible party shall state, at the time of the refusal, the reasons why the party refuses to follow the orders or directions of the director. The responsible party or potentially responsible party shall give the director written notice of the reasons for the refusal within forty-eight hours of refusing to follow the orders or directions of the director. In any civil or criminal proceeding commenced pursuant to this section, the burden of proof shall be on the responsible party or potentially responsible party to demonstrate, by clear and convincing evidence, why the refusal to follow the orders or directions of the director was justified under the circumstances. [1991 c 200 § 206; 1990 c 116 § 7. Formerly RCW 90.48.375.] Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.280 90.56.280 Duty to notify coast guard and division of emergency management of discharge. It shall be the duty of any person discharging oil or hazardous substances or otherwise causing, permitting, or allowing the same to enter the waters of the state, unless the discharge or entry was expressly authorized by the department prior thereto or authorized by operation of law under RCW 90.48.200, to immediately notify the coast guard and the division of emergency management. The notice to the division of emergency management within the *department of community, trade, and economic development shall be made to the division’s twenty-four hour statewide toll-free number established for reporting emergencies. [1995 c 399 § 218; 1990 c 116 § 24; 1987 c 109 § 152; 1969 ex.s. c 133 § 9. Formerly RCW 90.48.360.] *Reviser’s note: The powers, duties, and functions of the department of community, trade, and economic development relating to emergency management were transferred to the state military department pursuant to 1995 c 391 § 10. [Title 90 RCW—page 104] Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.300 Unlawful operation of facility—Criminal penalties. (1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state an onshore or offshore facility without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990. (2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW. (b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW. (3) It shall not be unlawful for the owner or operator to operate an onshore or offshore facility if: (a) The facility is not required to have a contingency plan, spill prevention plan, or financial responsibility; or (b) All required plans have been submitted to the department as required by RCW 90.56.210 and rules adopted by the department and the department is reviewing the plan and has not denied approval. (4) A person may rely on a copy of the statement issued by the department pursuant to RCW 90.56.210(7) as evidence that a facility has an approved contingency plan and the statement issued pursuant to RCW 90.56.200(4) that a facility has an approved prevention plan. [2003 c 53 § 420; 1992 c 73 § 34; 1991 c 200 § 301; 1990 c 116 § 8. Formerly RCW 90.48.376.] 90.56.300 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Effective dates—1992 c 73: See RCW 82.23B.902. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.310 Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty. (1) Except as provided in subsection (3) of this section, it shall be unlawful: (a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990; or (b) For the owner or operator of an onshore or offshore facility to transfer cargo or passengers to or from a covered vessel that does not have an approved contingency plan or an approved prevention plan required under chapter 88.46 RCW or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990. (2) The department may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a facility or person is in violation of this section shall be considered a separate violation. 90.56.310 (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response 90.56.340 (3) It shall not be unlawful for a facility or other person to operate or accept cargo or passengers from a covered vessel if: (a) A contingency plan, a prevention plan, or financial responsibility is not required for the facility; or (b) A contingency and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval. (4) Any person may rely on a copy of the statement issued by the department pursuant to RCW 90.56.210(7) as evidence that the facility has an approved contingency plan and the statement issued pursuant to RCW 90.56.200(4) as evidence that the facility has an approved spill prevention plan. Any person may rely on a copy of the statement issued by the *office of marine safety, or its successor agency, the department, pursuant to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved prevention plan. [2000 c 69 § 34; 1992 c 73 § 35; 1991 c 200 § 302; 1990 c 116 § 9. Formerly RCW 90.48.377.] of up to five hundred thousand dollars for every such violation and for each day the spill poses risks to the environment as determined by the director. The amount of the penalty shall be determined by the director after taking into consideration the size of the business of the violator, the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of chapter 90.48 RCW, the speed and thoroughness of the collection and removal of the oil, and such other considerations as the director deems appropriate. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty provided for in this section shall be imposed pursuant to RCW 43.21B.300. [2007 c 347 § 3; 1992 c 73 § 36; 1990 c 116 § 20; 1989 c 388 § 9; 1987 c 109 § 20; 1985 c 316 § 7; 1970 ex.s. c 88 § 9; 1969 ex.s. c 133 § 7. Formerly RCW 90.48.350.] *Reviser’s note: The office of marine safety was abolished and its powers, duties, and functions transferred to the department of ecology by 1991 c 200 § 430, effective July 1, 1997. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. Effective dates—1992 c 73: See RCW 82.23B.902. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.320 Unlawful for oil to enter waters—Exceptions. It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation located offshore or onshore whether publicly or privately operated, regardless of the cause of the entry or fault of the person having control over the oil, or regardless of whether it be the result of intentional or negligent conduct, accident or other cause. This section shall not apply to discharges of oil in the following circumstances: (1) The person discharging was expressly authorized to do so by the department prior to the entry of the oil into state waters; or (2) The person discharging was authorized to do so by operation of law as provided in RCW 90.48.200. [1990 c 116 § 17; 1987 c 109 § 146; 1970 ex.s. c 88 § 2; 1969 ex.s. c 133 § 1. Formerly RCW 90.48.320.] 90.56.320 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.330 Additional penalties. Except as otherwise provided in RCW 90.56.390, any person who negligently discharges oil, or causes or permits the entry of the same, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to one hundred thousand dollars for every such violation, and for each day the spill poses risks to the environment as determined by the director. Any person who intentionally or recklessly discharges or causes or permits the entry of oil into the waters of the state shall incur, in addition to any other penalty authorized by law, a penalty 90.56.330 (2008 Ed.) Effective dates—1992 c 73: See RCW 82.23B.902. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010. 90.56.335 Vessel response account—Dedicated rescue tug. (Expires July 1, 2020.) The vessel response account is created in the state treasury. Grants, gifts, and federal funds may be deposited into the account. Oil spill penalties assessed against ships under RCW 90.56.330 and 90.48.144 shall also be deposited into the account as well as the money distributed under RCW 46.68.020(2). Moneys in the account may be spent only after appropriation. The department of ecology is authorized to utilize the vessel response account to preposition a dedicated rescue tug at the entrance to the Strait of Juan de Fuca to reduce the risk of major maritime accidents and oil spills on the outer coast and western strait. Prior to authorizing the rescue tug to respond to a distressed vessel, the department shall work with the United States coast guard and industry to determine if another capable, unencumbered commercial tug is available in the area that can respond. If such a tug can respond without increasing the risk of a casualty, it should be deployed as the tug of choice and the state-contracted rescue tug should not be taken off standby duty. The department is also authorized to spot charter tugs as needed during major storms and other high risk periods to protect maritime commerce and the environment anywhere in state waters. The department shall not proceed with rule making related to emergency towing pursuant to chapter 88.46 RCW, so long as the deposit of the fee into the vessel response account under RCW 46.68.020(2) is continued and is appropriated for the purpose of the dedicated rescue tug. [2003 c 264 § 3.] 90.56.335 Expiration date—2003 c 264 § 3: "Section 3 of this act expires July 1, 2020." [2005 c 295 § 10; 2003 c 264 § 9.] 90.56.340 Duty to remove oil. It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to immediately collect and remove the same. If it is not feasible to col90.56.340 [Title 90 RCW—page 105] 90.56.350 Title 90 RCW: Water Rights—Environment lect and remove, said person shall take all practicable actions to contain, treat and disperse the same. The director shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for use under this section whenever it appears to the director that use thereof would be detrimental to the public interest. [1991 c 200 § 303; 1970 ex.s. c 88 § 3; 1969 ex.s. c 133 § 2. Formerly RCW 90.48.325.] 90.56.350 Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances— Record of expenses. The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state or to collect, investigate, perform surveillance over, remove, contain, treat, or disperse oil or hazardous substances discharged into waters of the state. The department shall keep a record of all necessary expenses incurred in carrying out any project or activity authorized under this section, including a reasonable charge for the services performed by the state’s personnel and the state’s equipment and materials utilized. The authority granted hereunder shall be limited to projects and activities which are designed to protect the public interest or public property. The department may use staff, equipment, and material under its control, or contract with others, to carry out its responsibilities under this section. [1990 c 116 § 21; 1987 c 109 § 147; 1970 ex.s. c 88 § 4; 1969 ex.s. c 133 § 3. Formerly RCW 90.48.330.] 90.56.350 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.360 Liability for expenses. Any person who unlawfully discharges oil or hazardous substances into the waters of the state or who poses a substantial threat of discharging oil or hazardous substances into the waters of the state shall be responsible for the necessary expenses incurred by the state in carrying out a project or activity authorized under RCW 90.56.350. [1990 c 116 § 22; 1970 ex.s. c 88 § 5; 1969 ex.s. c 133 § 4. Formerly RCW 90.48.335.] 90.56.360 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.370 Strict liability of owner or controller of oil—Exceptions. (1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. (2) In any action to recover damages resulting from the discharge of oil in violation of RCW 90.56.320, the owner or person having control over the oil shall be relieved from strict liability, without regard to fault, if that person can prove that the discharge was caused solely by: (a) An act of war or sabotage; (b) An act of God; (c) Negligence on the part of the United States government; or (d) Negligence on the part of the state of Washington. (3) The liability established in this section shall in no way affect the rights which: (a) The owner or other person 90.56.370 [Title 90 RCW—page 106] having control over the oil may have against any person whose acts may in any way have caused or contributed to the discharge of oil, or (b) the state of Washington may have against any person whose actions may have caused or contributed to the discharge of oil. [2000 c 69 § 21; 1990 c 116 § 18; 1970 ex.s. c 88 § 6. Formerly RCW 90.48.336.] Prospective application—1990 c 116 § 18(2): "The section 18(2), chapter 116, Laws of 1990 changes requiring the defenses in that subsection to be the sole causes of the discharge, and the text of section 18(2)(b), chapter 116, Laws of 1990 shall apply prospectively and not retroactively after June 7, 1990." [2000 c 69 § 26.] Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.380 Liability of others for cleanup expenses. In addition to any cause of action the state may have to recover necessary expenses for the cleanup of oil pursuant to RCW 90.56.340 and 90.56.330, and except as otherwise provided in RCW 90.56.390, any other person causing the entry of oil shall be directly liable to the state for the necessary expenses of oil cleanup arising from such entry and the state shall have a cause of action to recover from any or all of said persons. Except as otherwise provided in RCW 90.56.390, any person liable for cost of oil cleanup as provided in RCW 90.56.340 and 90.56.330 shall have a cause of action to recover for costs of cleanup from any other person causing the entry of oil into the waters of the state including any amount recoverable by the state as necessary expenses under RCW 90.56.330. [1992 c 73 § 37; 1990 c 116 § 19; 1970 ex.s. c 88 § 7. Formerly RCW 90.48.338.] 90.56.380 Effective dates—1992 c 73: See RCW 82.23B.902. Findings—Severability—1990 c 116: See notes following RCW 90.56.210. 90.56.390 Liability for removal costs. (1)(a) A person is not liable for removal costs or damages that result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the official within the department with responsibility for oil spill response. This subsection (1)(a) does not apply: (i) To a responsible party; (ii) With respect to personal injury or wrongful death; or (iii) If the person is grossly negligent or engages in willful misconduct. (b) A responsible party is liable for any removal costs and damages that another person is relieved of under (a) of this subsection. (c) Nothing in this section affects the liability of a responsible party for oil spill response under state law. (2) For the purposes of this section: (a) "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil. (b) "Federal on-scene coordinator" means the federal official predesignated by the United States environmental protection agency or the United States coast guard to coordinate and direct federal responses under subpart D, or the offi90.56.390 (2008 Ed.) Oil and Hazardous Substance Spill Prevention and Response cial designated by the lead agency to coordinate and direct removal under subpart E, of the national contingency plan. (c) "National contingency plan" means the national contingency plan prepared and published under section 311(d) of the federal water pollution control act (33 U.S.C. Sec. 1321(d)), as amended by the oil pollution act of 1990 (P.L. 101-380, 104 Stat. 484 (1990)). (d) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. (e) "Responsible party" means a person liable under RCW 90.56.370. [1992 c 73 § 38; 1991 c 200 § 304.] Effective dates—1992 c 73: See RCW 82.23B.902. 90.56.400 90.56.400 Department investigation of circumstances of entry of oil—Order for reimbursement of expenses— Modification—Action to recover necessary expenses. The department shall investigate each activity or project conducted under RCW 90.56.350 to determine, if possible, the circumstances surrounding the entry of oil into waters of the state and the person or persons allowing said entry or responsible for the act or acts which result in said entry. Whenever it appears to the department, after investigation, that a specific person or persons are responsible for the necessary expenses incurred by the state pertaining to a project or activity as specified in RCW 90.56.360, the department shall notify said person or persons by appropriate order. The department may not issue an order pertaining to a project or activity which was completed more than five years prior to the date of the proposed issuance of the order. The order shall state the findings of the department, the amount of necessary expenses incurred in conducting the project or activity, and a notice that said amount is due and payable immediately upon receipt of said order. The department may, upon application from the recipient of an order received within thirty days from the receipt of the order, reduce or set aside in its entirety the amount due and payable, when it appears from the application, and from any further investigation the department may desire to undertake, that a reduction or setting aside is just and fair under all the circumstances. If the amount specified in the order issued by the department notifying said person or persons is not paid within thirty days after receipt of notice imposing the same, or if an application has been made within thirty days as herein provided and the amount provided in the order issued by the department subsequent to such application is not paid within fifteen days after receipt thereof, the attorney general, upon request of the department, shall bring an action on behalf of the state in the superior court of Thurston county or any county in which the person to which the order is directed does business, or in any other court of competent jurisdiction, to recover the amount specified in the final order of the department. No order issued under this section shall be construed as an order within the meaning of RCW 43.21B.310 and shall not be appealable to the hearings board. In any action to recover necessary expenses as herein provided said person shall be relieved from liability for necessary expenses if the person can prove that the oil to which the necessary expenses relate entered the (2008 Ed.) 90.56.500 waters of the state by causes set forth in RCW 90.56.370(2). [1992 c 73 § 39; 1991 c 200 § 305; 1987 c 109 § 148; 1985 c 316 § 4; 1970 ex.s. c 88 § 10; 1969 ex.s. c 133 § 5. Formerly RCW 90.48.340.] Effective dates—1992 c 73: See RCW 82.23B.902. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.410 Right of entry and access to records pertinent to investigations. The department, through its duly authorized representatives, shall have the power to enter upon any private or public property, including the boarding of any ship, at any reasonable time, and the owner, managing agent, master or occupant of such property shall permit such entry for the purpose of investigating conditions relating to violations or possible violations of this chapter, and to have access to any pertinent records relating to such property, including but not limited to operation and maintenance records and logs. The authority granted herein shall not be construed to require any person to divulge trade secrets or secret processes. The director may issue subpoenas for the production of any books, records, documents, or witnesses in any hearing conducted pursuant to this chapter. [1990 c 116 § 23; 1987 c 109 § 151; 1969 ex.s. c 133 § 8. Formerly RCW 90.48.355.] 90.56.410 Findings—Severability—1990 c 116: See notes following RCW 90.56.210. Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.420 Authorized discharges of oil—Permits. Any person who proposes to discharge oil or cause or permit the entry of same into waters of the state shall prior to such discharge obtain permission from the director. The director is authorized to permit the discharge of oil into waters of the state consistent with the pertinent effluent and receiving water standards and treatment requirements established by the department. Permission for industrial or commercial discharges shall be given through the terms of a waste discharge permit issued pursuant to RCW 90.48.180. Permission shall be given in all other cases on a form prescribed by the director. [1987 c 109 § 149; 1970 ex.s. c 88 § 8. Formerly RCW 90.48.343.] 90.56.420 Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001. 90.56.500 Oil spill response account. The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited in the account. Moneys in the account shall be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. The account shall be used exclusively to pay for the costs associated with the response to spills of crude oil or petroleum products into the navigable waters of the state. Payment of response costs under this section shall be limited to spills which the director has determined are likely to exceed fifty thousand dollars. Before expending moneys from the account, the director shall make reasonable efforts to obtain funding for response costs 90.56.500 [Title 90 RCW—page 107] 90.56.510 Title 90 RCW: Water Rights—Environment from the person responsible for the spill and from other sources, including the federal government. Reimbursement for response costs shall be allowed only for costs which are not covered by funds appropriated to the agencies responsible for response activities. Costs associated with the response to spills of crude oil or petroleum products shall include: (1) Natural resource damage assessment and related activities; (2) Spill related response, containment, wildlife rescue, cleanup, disposal, and associated costs; (3) Interagency coordination and public information related to a response; and (4) Appropriate travel, goods and services, contracts, and equipment. [1991 c 200 § 805.] 90.56.510 Oil spill prevention account. (1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If, on the first day of any calendar month, the balance of the oil spill response account is greater than nine million dollars and the balance of the oil spill prevention account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the biennium ending June 30, 1999, and the biennium ending June 30, 2001, the state treasurer may transfer a total of up to one million dollars from the oil spill response account to the oil spill prevention account to support appropriations made from the oil spill prevention account in the omnibus appropriations act adopted not later than June 30, 1999. (2) Expenditures from the oil spill prevention account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill prevention account. Costs of prevention include the costs of: (a) Routine responses not covered under RCW 90.56.500; (b) Management and staff development activities; (c) Development of rules and policies and the statewide plan provided for in RCW 90.56.060; (d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation; (e) Interagency coordination and public outreach and education; (f) Collection and administration of the tax provided for in chapter 82.23B RCW; and (g) Appropriate travel, goods and services, contracts, and equipment. [2000 c 69 § 22; 1999 sp.s. c 7 § 2; 1997 c 449 § 3; 1995 2nd sp.s. c 14 § 525; 1994 sp.s. c 6 § 903; 1993 c 162 § 2; 1992 c 73 § 41; 1991 c 200 § 806.] 90.56.510 [Title 90 RCW—page 108] Effective date—1999 sp.s. c 7: See note following RCW 82.23B.020. Effective date—1997 c 449: See note following RCW 82.23B.020. Severability—1995 2nd sp.s. c 14: See note following RCW 43.105.017. Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.105.017. Severability—Effective date—1994 sp.s. c 6: See notes following RCW 28A.310.020. Severability—Effective date—1993 c 162: See notes following RCW 88.46.170. Effective dates—1992 c 73: See RCW 82.23B.902. 90.56.530 Reckless operation of a tank vessel—Penalty. (1) A person commits the crime of reckless operation of a tank vessel if, while (a) navigating a tank vessel, (b) piloting a tank vessel, or (c) on the vessel control bridge and in control of the motion, direction, or speed of a tank vessel, the person, with recklessness as defined in RCW 9A.08.010, causes a release of oil. (2) Reckless operation of a tank vessel is a class C felony under chapter 9A.20 RCW. [1991 c 200 § 604. Formerly RCW 88.16.210.] 90.56.530 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 90.56.540 Operation of a vessel while under influence of liquor or drugs—Penalty. (1) A person is guilty of operating a vessel while under the influence of intoxicating liquor or drugs if the person operates a covered vessel within this state while: (a) The person has 0.06 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person’s breath made under RCW 90.56.550; or (b) The person has 0.06 percent or more by weight of alcohol in the person’s blood as shown by analysis of the person’s blood made under RCW 90.56.550; or (c) The person is under the influence of or affected by intoxicating liquor or drugs; or (d) The person is under the combined influence of or affected by intoxicating liquor or drugs. (2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. (3) Operating a vessel while intoxicated is a class C felony under chapter 9A.20 RCW. [2000 c 69 § 23; 1991 c 200 § 605. Formerly RCW 88.16.220.] 90.56.540 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 90.56.550 Breath or blood analysis. (1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a vessel while under the influence of intoxicating liquor or drugs, if the amount of alcohol in the person’s blood or breath at the time alleged as shown by analysis of his blood or breath is less than 0.06 percent by weight of alcohol in his blood or 0.06 grams of alcohol per two hundred ten liters of the person’s breath, it is evidence that may be considered with other competent evidence in determining whether the 90.56.550 (2008 Ed.) Shoreline Management Act of 1971 person was under the influence of intoxicating liquor or drugs. (2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug. (3) Analysis of the person’s blood or breath to be considered valid under this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist shall approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits that are subject to termination or revocation at the discretion of the state toxicologist. (4) If a blood test is administered under this section, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (6) Upon the request of the person who submits to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or his or her attorney. [1991 c 200 § 606. Formerly RCW 88.16.230.] 200 § 1107; 1971 ex.s. c 180 § 10. Formerly RCW 90.48.907.] 90.56.901 Effective dates—1991 c 200. (1) Sections 101 through 429, 501 through 706, 805 through 807, 810 through 817, and 901 through 1118 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1991]. (2) Sections 801 through 804, 808, and 809 of this act shall take effect October 1, 1991. [1991 c 200 § 1119.] 90.56.901 90.56.902 Captions not law. Section headings and part headings as used in this chapter shall constitute no part of the law. [1991 c 200 § 1113.] 90.56.902 90.56.904 Severability—1991 c 200. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1991 c 200 § 1118.] 90.56.904 90.56.905 Severability—1992 c 73. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1992 c 73 § 43.] 90.56.905 Chapter 90.58 RCW SHORELINE MANAGEMENT ACT OF 1971 Chapter 90.58 Sections 90.58.010 90.58.020 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 90.58.030 90.58.040 90.58.045 90.56.560 Limited immunity for blood withdrawal. No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or using services of the physician, registered nurse, or qualified technician, may incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for the purpose of a blood test under RCW 90.56.550. This section shall not relieve any physician, registered nurse, qualified technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of improper procedures or failing to exercise the required standard of care. [2000 c 69 § 24; 1991 c 200 § 607. Formerly RCW 88.16.240.] 90.58.050 90.56.560 Effective dates—Severability—1991 c 200: See RCW 90.56.901 and 90.56.904. 90.56.900 Construction—Appeal not to stay order, rule, or regulation. This chapter, being necessary for the general welfare, the public health, and the public safety of the state and its inhabitants, shall be liberally construed to effect their purposes. No rule, regulation, or order of the department shall be stayed pending appeal under this chapter. [1991 c 90.58.060 90.58.065 90.58.070 90.58.080 90.58.090 90.58.100 90.58.110 90.58.120 90.56.900 (2008 Ed.) Chapter 90.58 90.58.130 90.58.140 90.58.143 Short title. Legislative findings—State policy enunciated—Use preference. Definitions and concepts. Program applicable to shorelines of the state. Environmental excellence program agreements—Effect on chapter. Program as cooperative between local government and state— Responsibilities differentiated. Review and adoption of guidelines—Public hearings, notice of—Amendments. Application of guidelines and master programs to agricultural activities. Local governments to submit letters of intent—Department to act upon failure of local government. Timetable for local governments to develop or amend master programs—Review of master programs—Grants. Approval of master program or segments or amendments— Procedure—Departmental alternatives when shorelines of statewide significance—Later adoption of master program supersedes departmental program. Programs as constituting use regulations—Duties when preparing programs and amendments thereto—Program contents. Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when. Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption. Involvement of all persons and entities having interest, means. Development permits—Grounds for granting—Administration by local government, conditions—Applications— Notices—Rescission—Approval when permit for variance or conditional use. Time requirements—Substantial development permits, variances, conditional use permits. [Title 90 RCW—page 109] 90.58.010 90.58.147 90.58.150 90.58.160 90.58.170 90.58.175 90.58.180 90.58.185 90.58.190 90.58.195 90.58.200 90.58.210 90.58.220 90.58.230 90.58.240 90.58.250 90.58.260 90.58.270 90.58.280 90.58.290 90.58.300 90.58.310 90.58.320 90.58.340 90.58.350 90.58.355 90.58.360 90.58.370 90.58.380 90.58.390 90.58.515 90.58.550 90.58.560 90.58.570 90.58.600 90.58.900 90.58.910 90.58.911 90.58.920 Title 90 RCW: Water Rights—Environment Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage. Selective commercial timber cutting, when. Prohibition against surface drilling for oil or gas, where. Shorelines hearings board—Established—Members—Chairman—Quorum for decision—Expenses of members. Rules and regulations. Appeals from granting, denying, or rescinding permits— Board to act—Local government appeals to board— Grounds for declaring rule, regulation, or guideline invalid—Appeals to court. Appeals involving single-family residences or involving penalties of fifteen thousand dollars or less—Composition of board—Rules to expedite appeals. Appeal of department’s decision to adopt or amend a master program. Shoreline master plan review—Local governments with coastal waters or coastal shorelines. Rules and regulations. Court actions to insure against conflicting uses and to enforce—Civil penalty—Review. General penalty. Violators liable for damages resulting from violation—Attorney’s fees and costs. Additional authority granted department and local governments. Intent—Department to cooperate with local governments— Grants for development of master programs. State to represent its interest before federal agencies, interstate agencies and courts. Nonapplication to certain structures, docks, developments, etc., placed in navigable waters—Nonapplication to certain rights of action, authority. Application to all state agencies, counties, public and municipal corporations. Restrictions as affecting fair market value of property. Department as regulating state agency—Special authority. Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure. Height limitation respecting permits. Use policies for land adjacent to shorelines, development of. Nonapplication to treaty rights. Hazardous substance remedial actions—Procedural requirements not applicable. Existing requirements for permits, certificates, etc., not obviated. Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited. Adoption of wetland manual. Certain secure community transition facilities not subject to chapter. Watershed restoration projects—Exemption. Oil or natural gas exploration in marine waters—Definitions— Application for permit—Requirements—Review—Enforcement. Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal. Consultation before responding to federal coastal zone management certificates. Conformance with chapter 43.97 RCW required. Liberal construction—1971 ex.s. c 286. Severability—1971 ex.s. c 286. Severability—1983 c 138. Effective date—1971 ex.s. c 286. Marine oil pollution—Baseline study program: RCW 43.21A.405 through 43.21A.420. 90.58.010 Short title. This chapter shall be known and may be cited as the "Shoreline Management Act of 1971". [1971 ex.s. c 286 § 1.] 90.58.010 90.58.020 Legislative findings—State policy enunciated—Use preference. The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shore90.58.020 [Title 90 RCW—page 110] lines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefor, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers (2008 Ed.) Shoreline Management Act of 1971 of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public’s use of the water. [1995 c 347 § 301; 1992 c 105 § 1; 1982 1st ex.s. c 13 § 1; 1971 ex.s. c 286 § 2.] Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. 90.58.030 Definitions and concepts. As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply: (1) Administration: (a) "Department" means the department of ecology; (b) "Director" means the director of the department of ecology; (c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter; (d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated; (e) "Hearing[s] board" means the shoreline[s] hearings board established by this chapter. (2) Geographical: (a) "Extreme low tide" means the lowest line on the land reached by a receding tide; (b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water; (c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state; (d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is 90.58.030 (2008 Ed.) 90.58.030 twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes; (e) "Shorelines of statewide significance" means the following shorelines of the state: (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets; (ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows: (A) Nisqually Delta—from DeWolf Bight to Tatsolo Point, (B) Birch Bay—from Point Whitehorn to Birch Point, (C) Hood Canal—from Tala Point to Foulweather Bluff, (D) Skagit Bay and adjacent area—from Brown Point to Yokeko Point, and (E) Padilla Bay—from March Point to William Point; (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide; (iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark; (v) Those natural rivers or segments thereof as follows: (A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more, (B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer; (vi) Those shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e); (f) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. (i) Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom. (ii) Any city or county may also include in its master program land necessary for buffers for critical areas, as defined in chapter 36.70A RCW, that occur within shorelines of the state, provided that forest practices regulated under chapter 76.09 RCW, except conversions to nonforest land use, on lands subject to the provisions of this subsection (2)(f)(ii) are not subject to additional regulations under this chapter; (g) "Floodway" means the area, as identified in a master program, that either: (i) Has been established in federal [Title 90 RCW—page 111] 90.58.030 Title 90 RCW: Water Rights—Environment emergency management agency flood insurance rate maps or floodway maps; or (ii) consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state; (h) "Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (3) Procedural terms: (a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs; (b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020; (c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology; (d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level; (e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds five thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection (3)(e) must be adjusted for inflation by the office of financial [Title 90 RCW—page 112] management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. The following shall not be considered substantial developments for the purpose of this chapter: (i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements; (ii) Construction of the normal protective bulkhead common to single family residences; (iii) Emergency construction necessary to protect property from damage by the elements; (iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; (v) Construction or modification of navigational aids such as channel markers and anchor buoys; (vi) Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his or her family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter; (vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (A) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or (B) in fresh waters, the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter; (viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of sys(2008 Ed.) Shoreline Management Act of 1971 tem waters, including return flow and artificially stored groundwater for the irrigation of lands; (ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water; (x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system; (xi) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: (A) The activity does not interfere with the normal public use of the surface waters; (B) The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; (C) The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; (D) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and (E) The activity is not subject to the permit requirements of RCW 90.58.550; (xii) The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department jointly with other state agencies under chapter 43.21C RCW. [2007 c 328 § 1; 2003 c 321 § 2; 2002 c 230 § 2; 1996 c 265 § 1. Prior: 1995 c 382 § 10; 1995 c 255 § 5; 1995 c 237 § 1; 1987 c 474 § 1; 1986 c 292 § 1; 1982 1st ex.s. c 13 § 2; 1980 c 2 § 3; 1979 ex.s. c 84 § 3; 1975 1st ex.s. c 182 § 1; 1973 1st ex.s. c 203 § 1; 1971 ex.s. c 286 § 3.] Finding—Intent—2003 c 321: "(1) The legislature finds that the final decision and order in Everett Shorelines Coalition v. City of Everett and Washington State Department of Ecology, Case No. 02-3-0009c, issued on January 9, 2003, by the central Puget Sound growth management hearings board was a case of first impression interpreting the addition of the shoreline management act into the growth management act, and that the board considered the appeal and issued its final order and decision without the benefit of shorelines guidelines to provide guidance on the implementation of the shoreline management act and the adoption of shoreline master programs. (2) This act is intended to affirm the legislature’s intent that: (a) The shoreline management act be read, interpreted, applied, and implemented as a whole consistent with decisions of the shoreline[s] hearings board and Washington courts prior to the decision of the central Puget Sound growth management hearings board in Everett Shorelines Coalition v. City of Everett and Washington State Department of Ecology; (b) The goals of the growth management act, including the goals and policies of the shoreline management act, set forth in RCW 36.70A.020 and included in RCW 36.70A.020 by RCW 36.70A.480, continue to be listed without an order of priority; and (c) Shorelines of statewide significance may include critical areas as defined by RCW 36.70A.030(5), but that shorelines of statewide significance are not critical areas simply because they are shorelines of statewide significance. (3) The legislature intends that critical areas within the jurisdiction of the shoreline management act shall be governed by the shoreline management act and that critical areas outside the jurisdiction of the shoreline man(2008 Ed.) 90.58.050 agement act shall be governed by the growth management act. The legislature further intends that the quality of information currently required by the shoreline management act to be applied to the protection of critical areas within shorelines of the state shall not be limited or changed by the provisions of the growth management act." [2003 c 321 § 1.] Finding—Intent—2002 c 230: "The legislature finds that the dollar threshold for what constitutes substantial development under the shoreline management act has not been changed since 1986. The legislature recognizes that the effects of inflation have brought in many activities under the jurisdiction of chapter 90.58 RCW that would have been exempted under its original provisions. It is the intent of the legislature to modify the current dollar threshold for what constitutes substantial development under the shoreline management act, and to have this threshold readjusted on a fiveyear basis." [2002 c 230 § 1.] Severability—Effective date—1995 c 255: See RCW 17.26.900 and 17.26.901. Severability—1986 c 292: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 292 § 5.] Intent—1980 c 2; 1979 ex.s. c 84: "The legislature finds that high tides and hurricane force winds on February 13, 1979, caused conditions resulting in the catastrophic destruction of the Hood Canal bridge on state route 104, a state highway on the federal-aid system; and, as a consequence, the state of Washington has sustained a sudden and complete failure of a major segment of highway system with a disastrous impact on transportation services between the counties of Washington’s Olympic peninsula and the remainder of the state. The governor has by proclamation found that these conditions constitute an emergency. To minimize the economic loss and hardship to residents of the Puget Sound and Olympic peninsula regions, it is the intent of 1979 ex.s. c 84 to authorize the department of transportation to undertake immediately all necessary actions to restore interim transportation services across Hood Canal and Puget Sound and upon the Kitsap and Olympic peninsulas and to design and reconstruct a permanent bridge at the site of the original Hood Canal bridge. The department of transportation is directed to proceed with such actions in an environmentally responsible manner that would meet the substantive objectives of the state environmental policy act and the shorelines management act, and shall consult with the department of ecology in the planning process. The exemptions from the state environmental policy act and the shorelines management act contained in RCW 43.21C.032 and 90.58.030 are intended to approve and ratify the timely actions of the department of transportation taken and to be taken to restore interim transportation services and to reconstruct a permanent Hood Canal bridge without procedural delays." [1980 c 2 § 1; 1979 ex.s. c 84 § 1.] 90.58.040 Program applicable to shorelines of the state. The shoreline management program of this chapter shall apply to the shorelines of the state as defined in this chapter. [1971 ex.s. c 286 § 4.] 90.58.040 90.58.045 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [1997 c 381 § 28.] 90.58.045 Purpose—1997 c 381: See RCW 43.21K.005. 90.58.050 Program as cooperative between local government and state—Responsibilities differentiated. This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the policy and provisions of this chapter. The department shall act primarily in a supportive and review capacity with an emphasis on providing 90.58.050 [Title 90 RCW—page 113] 90.58.060 Title 90 RCW: Water Rights—Environment assistance to local government and on insuring compliance with the policy and provisions of this chapter. [1995 c 347 § 303; 1971 ex.s. c 286 § 5.] Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. 90.58.060 Review and adoption of guidelines—Public hearings, notice of—Amendments. (1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for: (a) Development of master programs for regulation of the uses of shorelines; and (b) Development of master programs for regulation of the uses of shorelines of statewide significance. (2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows: (a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register. (b) The department shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing. (c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW. (3) The department may adopt amendments to the guidelines not more than once each year. Such amendments shall be limited to: (a) Addressing technical or procedural issues that result from the review and adoption of master programs under the guidelines; or (b) issues of guideline compliance with statutory provisions. [2003 c 262 § 1; 1995 c 347 § 304; 1971 ex.s. c 286 § 6.] 90.58.060 Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. 90.58.065 Application of guidelines and master programs to agricultural activities. (1) The guidelines adopted by the department and master programs developed or amended by local governments according to RCW 90.58.080 shall not require modification of or limit agricultural activities occurring on agricultural lands. In jurisdictions where 90.58.065 [Title 90 RCW—page 114] agricultural activities occur, master programs developed or amended after June 13, 2002, shall include provisions addressing new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and development not meeting the definition of agricultural activities. Nothing in this section limits or changes the terms of the *current exception to the definition of substantial development in RCW 90.58.030(3)(e)(iv). This section applies only to this chapter, and shall not affect any other authority of local governments. (2) For the purposes of this section: (a) "Agricultural activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation; (b) "Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products; (c) "Agricultural equipment" and "agricultural facilities" includes, but is not limited to: (i) The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes, canals, ditches, and drains; (ii) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (iii) farm residences and associated equipment, lands, and facilities; and (iv) roadside stands and on-farm markets for marketing fruit or vegetables; and (d) "Agricultural land" means those specific land areas on which agriculture activities are conducted. (3) The department and local governments shall assure that local shoreline master programs use definitions consistent with the definitions in this section. [2002 c 298 § 1.] *Reviser’s note: "Current" first appears in chapter 298, Laws of 2002. Implementation—2002 c 298: "The provisions of this act do not become effective until the earlier of either January 1, 2004, or the date the department of ecology amends or updates chapter 173-16 or 173-26 WAC." [2002 c 298 § 2.] 90.58.070 Local governments to submit letters of intent—Department to act upon failure of local govern90.58.070 (2008 Ed.) Shoreline Management Act of 1971 ment. (1) Local governments are directed with regard to shorelines of the state in their various jurisdictions to submit to the director of the department, within six months from June 1, 1971, letters stating that they propose to complete an inventory and develop master programs for these shorelines as provided for in RCW 90.58.080. (2) If any local government fails to submit a letter as provided in subsection (1) of this section, or fails to adopt a master program for the shorelines of the state within its jurisdiction in accordance with the time schedule provided in this chapter, the department shall carry out the requirements of RCW 90.58.080 and adopt a master program for the shorelines of the state within the jurisdiction of the local government. [1971 ex.s. c 286 § 7.] 90.58.080 Timetable for local governments to develop or amend master programs—Review of master programs—Grants. (1) Local governments shall develop or amend a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department in accordance with the schedule established by this section. (2)(a) Subject to the provisions of subsections (5) and (6) of this section, each local government subject to this chapter shall develop or amend its master program for the regulation of uses of shorelines within its jurisdiction according to the following schedule: (i) On or before December 1, 2005, for the city of Port Townsend, the city of Bellingham, the city of Everett, Snohomish county, and Whatcom county; (ii) On or before December 1, 2009, for King county and the cities within King county greater in population than ten thousand; (iii) Except as provided by (a)(i) and (ii) of this subsection, on or before December 1, 2011, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties; (iv) On or before December 1, 2012, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties; (v) On or before December 1, 2013, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and (vi) On or before December 1, 2014, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties. (b) Nothing in this subsection (2) shall preclude a local government from developing or amending its master program prior to the dates established by this subsection (2). (3)(a) Following approval by the department of a new or amended master program, local governments required to develop or amend master programs on or before December 1, 2009, as provided by subsection (2)(a)(i) and (ii) of this section, shall be deemed to have complied with the schedule established by subsection (2)(a)(iii) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsection (2)(a)(iii) of this section. Any jurisdiction listed in subsection (2)(a)(i) of this section that has a new or 90.58.080 (2008 Ed.) 90.58.080 amended master program approved by the department on or after March 1, 2002, but before July 27, 2003, shall not be required to complete master program amendments until seven years after the applicable date provided by subsection (2)(a)(iii) of this section. (b) Following approval by the department of a new or amended master program, local governments choosing to develop or amend master programs on or before December 1, 2009, shall be deemed to have complied with the schedule established by subsection (2)(a)(iii) through (vi) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsection (2)(a)(iii) through (vi) of this section. (4) Local governments shall conduct a review of their master programs at least once every seven years after the applicable dates established by subsection (2)(a)(iii) through (vi) of this section. Following the review required by this subsection (4), local governments shall, if necessary, revise their master programs. The purpose of the review is: (a) To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and (b) To assure consistency of the master program with the local government’s comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements. (5) Local governments are encouraged to begin the process of developing or amending their master programs early and are eligible for grants from the department as provided by RCW 90.58.250, subject to available funding. Except for those local governments listed in subsection (2)(a)(i) and (ii) of this section, the deadline for completion of the new or amended master programs shall be two years after the date the grant is approved by the department. Subsequent master program review dates shall not be altered by the provisions of this subsection. (6)(a) Grants to local governments for developing and amending master programs pursuant to the schedule established by this section shall be provided at least two years before the adoption dates specified in subsection (2) of this section. To the extent possible, the department shall allocate grants within the amount appropriated for such purposes to provide reasonable and adequate funding to local governments that have indicated their intent to develop or amend master programs during the biennium according to the schedule established by subsection (2) of this section. Any local government that applies for but does not receive funding to comply with the provisions of subsection (2) of this section may delay the development or amendment of its master program until the following biennium. (b) Local governments with delayed compliance dates as provided in (a) of this subsection shall be the first priority for funding in subsequent biennia, and the development or amendment compliance deadline for those local governments shall be two years after the date of grant approval. (c) Failure of the local government to apply in a timely manner for a master program development or amendment grant in accordance with the requirements of the department shall not be considered a delay resulting from the provisions of (a) of this subsection. [Title 90 RCW—page 115] 90.58.090 Title 90 RCW: Water Rights—Environment (7) Notwithstanding the provisions of this section, all local governments subject to the requirements of this chapter that have not developed or amended master programs on or after March 1, 2002, shall, no later than December 1, 2014, develop or amend their master programs to comply with guidelines adopted by the department after January 1, 2003. (8) Local governments may be provided an additional year beyond the deadlines in this section to complete their master program or amendment. The department shall grant the request if it determines that the local government is likely to adopt or amend its master program within the additional year. [2007 c 170 § 1; 2003 c 262 § 2; 1995 c 347 § 305; 1974 ex.s. c 61 § 1; 1971 ex.s. c 286 § 8.] Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. 90.58.090 Approval of master program or segments or amendments—Procedure—Departmental alternatives when shorelines of statewide significance—Later adoption of master program supersedes departmental program. (1) A master program, segment of a master program, or an amendment to a master program shall become effective when approved by the department. Within the time period provided in RCW 90.58.080, each local government shall have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to the department for review and approval. (2) Upon receipt of a proposed master program or amendment, the department shall: (a) Provide notice to and opportunity for written comment by all interested parties of record as a part of the local government review process for the proposal and to all persons, groups, and agencies that have requested in writing notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The comment period shall be at least thirty days, unless the department determines that the level of complexity or controversy involved supports a shorter period; (b) In the department’s discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction proposing the master program or amendment; (c) Within fifteen days after the close of public comment, request the local government to review the issues identified by the public, interested parties, groups, and agencies and provide a written response as to how the proposal addresses the identified issues; (d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 90.58.020 and the applicable guidelines, provide a response to the issues identified in (c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of the proposal in those instances where no alteration of the proposal appears likely to be consistent with the policy of RCW 90.58.020 and the applicable guidelines. The written findings and conclusions shall be provided to the local government, all interested persons, parties, groups, and agencies of record on the proposal; 90.58.090 [Title 90 RCW—page 116] (e) If the department recommends changes to the proposed master program or amendment, within thirty days after the department mails the written findings and conclusions to the local government, the local government may: (i) Agree to the proposed changes. The receipt by the department of the written notice of agreement constitutes final action by the department approving the amendment; or (ii) Submit an alternative proposal. If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally submitted by the department and with this chapter it shall approve the changes and provide written notice to all recipients of the written findings and conclusions. If the department determines the proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the proposal for public and agency review pursuant to this section or reject the proposal. (3) The department shall approve the segment of a master program relating to shorelines unless it determines that the submitted segments are not consistent with the policy of RCW 90.58.020 and the applicable guidelines. (4) The department shall approve the segment of a master program relating to critical areas as defined by RCW 36.70A.030(5) provided the master program segment is consistent with RCW 90.58.020 and applicable shoreline guidelines, and if the segment provides a level of protection of critical areas at least equal to that provided by the local government’s critical areas ordinances adopted and thereafter amended pursuant to RCW 36.70A.060(2). (5) The department shall approve those segments of the master program relating to shorelines of statewide significance only after determining the program provides the optimum implementation of the policy of this chapter to satisfy the statewide interest. If the department does not approve a segment of a local government master program relating to a shoreline of statewide significance, the department may develop and by rule adopt an alternative to the local government’s proposal. (6) In the event a local government has not complied with the requirements of RCW 90.58.070 it may thereafter upon written notice to the department elect to adopt a master program for the shorelines within its jurisdiction, in which event it shall comply with the provisions established by this chapter for the adoption of a master program for such shorelines. Upon approval of such master program by the department it shall supersede such master program as may have been adopted by the department for such shorelines. (7) A master program or amendment to a master program takes effect when and in such form as approved or adopted by the department. Shoreline master programs that were adopted by the department prior to July 22, 1995, in accordance with the provisions of this section then in effect, shall be deemed approved by the department in accordance with the provisions of this section that became effective on that date. The department shall maintain a record of each master program, the action taken on any proposal for adoption or amendment of the master program, and any appeal of the department’s action. The department’s approved document of record constitutes the official master program. [2003 c (2008 Ed.) Shoreline Management Act of 1971 321 § 3; 1997 c 429 § 50; 1995 c 347 § 306; 1971 ex.s. c 286 § 9.] Finding—Intent—2003 c 321: See note following RCW 90.58.030. Severability—1997 c 429: See note following RCW 36.70A.3201. Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. 90.58.100 Programs as constituting use regulations— Duties when preparing programs and amendments thereto—Program contents. (1) The master programs provided for in this chapter, when adopted or approved by the department shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to the extent feasible: (a) Utilize a systematic interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts; (b) Consult with and obtain the comments of any federal, state, regional, or local agency having any special expertise with respect to any environmental impact; (c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state; (d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary; (e) Utilize all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data; (f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered. (2) The master programs shall include, when appropriate, the following: (a) An economic development element for the location and design of industries, industrial projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state; (b) A public access element making provision for public access to publicly owned areas; (c) A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas; (d) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element; (e) A use element which considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land; (f) A conservation element for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection; 90.58.100 (2008 Ed.) 90.58.110 (g) An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values; (h) An element that gives consideration to the statewide interest in the prevention and minimization of flood damages; and (i) Any other element deemed appropriate or necessary to effectuate the policy of this chapter. (3) The master programs shall include such map or maps, descriptive text, diagrams and charts, or other descriptive material as are necessary to provide for ease of understanding. (4) Master programs will reflect that state-owned shorelines of the state are particularly adapted to providing wilderness beaches, ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same. (5) Each master program shall contain provisions to allow for the varying of the application of use regulations of the program, including provisions for permits for conditional uses and variances, to insure that strict implementation of a program will not create unnecessary hardships or thwart the policy enumerated in RCW 90.58.020. Any such varying shall be allowed only if extraordinary circumstances are shown and the public interest suffers no substantial detrimental effect. The concept of this subsection shall be incorporated in the rules adopted by the department relating to the establishment of a permit system as provided in RCW 90.58.140(3). (6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment. [1997 c 369 § 7; 1995 c 347 § 307; 1992 c 105 § 2; 1991 c 322 § 32; 1971 ex.s. c 286 § 10.] Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. Findings—Intent—1991 c 322: See note following RCW 86.12.200. Industrial project of statewide significance—Defined: RCW 43.157.010. 90.58.110 Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when. (1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the director shall designate such region and notify the appropriate units of local government thereof. It shall be the duty of the notified units to develop coopera90.58.110 [Title 90 RCW—page 117] 90.58.120 Title 90 RCW: Water Rights—Environment tively an inventory and master program in accordance with and within the time provided in RCW 90.58.080. (2) At the discretion of the department, a local government master program may be adopted in segments applicable to particular areas so that immediate attention may be given to those areas of the shorelines of the state in most need of a use regulation. [1971 ex.s. c 286 § 11.] 90.58.120 Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption. All rules, regulations, designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or *90.58.090(4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.05.395 insofar as such provisions are not inconsistent with the provisions of this chapter. In addition: (1) Prior to the adoption by the department of a master program, or portion thereof pursuant to RCW 90.58.070(2) or *90.58.090(4), at least one public hearing shall be held in each county affected by a program or portion thereof for the purpose of obtaining the views and comments of the public. Notice of each such hearing shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in the county in which the hearing is to be held. (2) All guidelines, regulations, designations, or master programs adopted or approved under this chapter shall be available for public inspection at the office of the department or the appropriate county and city. The terms "adopt" and "approve" for purposes of this section, shall include modifications and rescission of guidelines. [1995 c 347 § 308; 1989 c 175 § 182; 1975 1st ex.s. c 182 § 2; 1971 ex.s. c 286 § 12.] 90.58.120 *Reviser’s note: RCW 90.58.090 was amended by 2003 c 321 § 3, changing subsection (4) to subsection (5). Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. Effective date—1989 c 175: See note following RCW 34.05.010. 90.58.130 Involvement of all persons and entities having interest, means. To insure that all persons and entities having an interest in the guidelines and master programs developed under this chapter are provided with a full opportunity for involvement in both their development and implementation, the department and local governments shall: (1) Make reasonable efforts to inform the people of the state about the shoreline management program of this chapter and in the performance of the responsibilities provided in this chapter, shall not only invite but actively encourage participation by all persons and private groups and entities showing an interest in shoreline management programs of this chapter; and (2) Invite and encourage participation by all agencies of federal, state, and local government, including municipal and public corporations, having interests or responsibilities relating to the shorelines of the state. State and local agencies are directed to participate fully to insure that their interests are fully considered by the department and local governments. [1971 ex.s. c 286 § 13.] 90.58.130 [Title 90 RCW—page 118] 90.58.140 Development permits—Grounds for granting—Administration by local government, conditions—Applications—Notices—Rescission—Approval when permit for variance or conditional use. (1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program. (2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter. A permit shall be granted: (a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area; (b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and this chapter. (3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government. (4) Except as otherwise specifically provided in subsection (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that notice of the application is given by at least one of the following methods: (a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed; (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public. The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after the issuance of the decision, may submit the comments or requests for decisions to the local government within thirty days of the last date the notice is to be published pursuant to this subsection. The local government shall forward, in a timely manner following the issuance of a decision, a copy of the decision to each person who submits a request for the decision. If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing. (5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until twenty-one days from the date the permit decision 90.58.140 (2008 Ed.) Shoreline Management Act of 1971 was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within twenty-one days from the date of filing as defined in subsection (6) of this section except as follows: (a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995; (b) Construction may be commenced no sooner than thirty days after the date of the appeal of the board’s decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW. The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would involve a significant, irreversible damaging of the environment, the court shall prohibit the permittee from commencing the construction pursuant to the approved or revised permit until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant; (c) If the permit is for a substantial development meeting the requirements of subsection (11) of this section, construction pursuant to that permit may not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section. If a permittee begins construction pursuant to subsections (a), (b), or (c) of this subsection, the construction is begun at the permittee’s own risk. If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener. (6) Any decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. With regard to a permit other than a permit governed by (2008 Ed.) 90.58.140 subsection (10) of this section, "date of filing" as used herein means the date of actual receipt by the department. With regard to a permit for a variance or a conditional use, "date of filing" means the date a decision of the department rendered on the permit pursuant to subsection (10) of this section is transmitted by the department to the local government. The department shall notify in writing the local government and the applicant of the date of filing. (7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof. (8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government. (9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section. (10) Any permit for a variance or a conditional use by local government under approved master programs must be submitted to the department for its approval or disapproval. (11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures: (i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance; (ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (i) of this subsection; and (iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days. (b) For purposes of this section, a limited utility extension means the extension of a utility service that: (i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer; (ii) Will serve an existing use in compliance with this chapter; and [Title 90 RCW—page 119] 90.58.143 Title 90 RCW: Water Rights—Environment (iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state. [1995 c 347 § 309; 1992 c 105 § 3; 1990 c 201 § 2; 1988 c 22 § 1; 1984 c 7 § 386; 1977 ex.s. c 358 § 1; 1975-’76 2nd ex.s. c 51 § 1; 1975 1st ex.s. c 182 § 3; 1973 2nd ex.s. c 19 § 1; 1971 ex.s. c 286 § 14.] Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. Finding—Intent—1990 c 201: "The legislature finds that delays in substantial development permit review for the extension of vital utility services to existing and lawful uses within the shorelines of the state have caused hardship upon existing residents without serving any of the purposes and policies of the shoreline management act. It is the intent of this act to provide a more expeditious permit review process for that limited category of utility extension activities only, while fully preserving safeguards of public review and appeal rights regarding permit applications and decisions." [1990 c 201 § 1.] Severability—1984 c 7: See note following RCW 47.01.141. 90.58.143 90.58.143 Time requirements—Substantial development permits, variances, conditional use permits. (1) The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this chapter. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and this chapter, local government may adopt different time limits from those set forth in subsections (2) and (3) of this section as a part of action on a substantial development permit. (2) Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. However, local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the department. (3) Authorization to conduct construction activities shall terminate five years after the effective date of a substantial development permit. However, local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the department. (4) The effective date of a substantial development permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in subsections (2) and (3) of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. [1997 c 429 § 51; 1996 c 62 § 1.] Severability—1997 c 429: See note following RCW 36.70A.3201. [Title 90 RCW—page 120] 90.58.147 Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage. (1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply: (a) The project has been approved by the department of fish and wildlife; (b) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW; and (c) The local government has determined that the project is substantially consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. (2) Fish habitat enhancement projects that conform to the provisions of *RCW 77.55.290 are determined to be consistent with local shoreline master programs. [2003 c 39 § 49; 1998 c 249 § 4; 1995 c 333 § 1.] 90.58.147 *Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001. Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181. 90.58.150 Selective commercial timber cutting, when. With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance, the department or local government shall allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten year period of time: PROVIDED, That other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental: PROVIDED FURTHER, That clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted. [1971 ex.s. c 286 § 15.] 90.58.150 90.58.160 Prohibition against surface drilling for oil or gas, where. Surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca seaward from the ordinary high water mark and on all lands within one thousand feet landward from said mark. [1971 ex.s. c 286 § 16.] 90.58.160 90.58.170 Shorelines hearings board—Established— Members—Chairman—Quorum for decision—Expenses of members. A shorelines hearings board sitting as a quasi judicial body is hereby established within the environmental hearings office under RCW 43.21B.005. The shorelines hearings board shall be made up of six members: Three members shall be members of the pollution control hearings board; two members, one appointed by the association of Washington cities and one appointed by the association of county commissioners, both to serve at the pleasure of the associations; and the commissioner of public lands or his or her designee. The chairman of the pollution control hearings board shall be the chairman of the shorelines hearings board. Except as pro90.58.170 (2008 Ed.) Shoreline Management Act of 1971 vided in RCW 90.58.185, a decision must be agreed to by at least four members of the board to be final. The members of the shorelines [hearings] board shall receive the compensation, travel, and subsistence expenses as provided in RCW 43.03.050 and 43.03.060. [1994 c 253 § 1; 1988 c 128 § 76; 1979 ex.s. c 47 § 6; 1971 ex.s. c 286 § 17.] Intent—1979 ex.s. c 47: See note following RCW 43.21B.005. 90.58.175 90.58.175 Rules and regulations. The shorelines hearings board may adopt rules and regulations governing the administrative practice and procedure in and before the board. [1973 1st ex.s. c 203 § 3.] 90.58.180 90.58.180 Appeals from granting, denying, or rescinding permits—Board to act—Local government appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court. (1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may, except as otherwise provided in chapter 43.21L RCW, seek review from the shorelines hearings board by filing a petition for review within twenty-one days of the date of filing as defined in RCW 90.58.140(6). Within seven days of the filing of any petition for review with the board as provided in this section pertaining to a final decision of a local government, the petitioner shall serve copies of the petition on the department, the office of the attorney general, and the local government. The department and the attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the petition for review filed pursuant to this section. The shorelines hearings board shall schedule review proceedings on the petition for review without regard as to whether the period for the department or the attorney general to intervene has or has not expired. (2) The department or the attorney general may obtain review of any final decision granting a permit, or granting or denying an application for a permit issued by a local government by filing a written petition with the shorelines hearings board and the appropriate local government within twentyone days from the date the final decision was filed as provided in RCW 90.58.140(6). (3) The review proceedings authorized in subsections (1) and (2) of this section are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines hearings board is governed by chapter 34.05 RCW. The board shall issue its decision on the appeal authorized under subsections (1) and (2) of this section within one hundred eighty days after the date the petition is filed with the board or a petition to intervene is filed by the department or the attorney general, whichever is later. The time period may be extended by the board for a period of thirty days upon a showing of good cause or may be waived by the parties. (4) Any person may appeal any rules, regulations, or guidelines adopted or approved by the department within thirty days of the date of the adoption or approval. The board (2008 Ed.) 90.58.185 shall make a final decision within sixty days following the hearing held thereon. (5) The board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect unless it determines that the rule, regulation, or guideline: (a) Is clearly erroneous in light of the policy of this chapter; or (b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or (c) Is arbitrary and capricious; or (d) Was developed without fully considering and evaluating all material submitted to the department during public review and comment; or (e) Was not adopted in accordance with required procedures. (6) If the board makes a determination under subsection (5)(a) through (e) of this section, it shall enter a final decision declaring the rule, regulation, or guideline invalid, remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a thorough consultation with the affected local government and any other interested party, a new rule, regulation, or guideline consistent with the board’s decision. (7) A decision of the board on the validity of a rule, regulation, or guideline shall be subject to review in superior court, if authorized pursuant to chapter 34.05 RCW. A petition for review of the decision of the shorelines hearings board on a rule, regulation, or guideline shall be filed within thirty days after the date of final decision by the shorelines hearings board. [2003 c 393 § 22; 1997 c 199 § 1; 1995 c 347 § 310; 1994 c 253 § 3; 1989 c 175 § 183; 1986 c 292 § 2; 1975-’76 2nd ex.s. c 51 § 2; 1975 1st ex.s. c 182 § 4; 1973 1st ex.s. c 203 § 2; 1971 ex.s. c 286 § 18.] Implementation—Effective date—2003 c 393: See RCW 43.21L.900 and 43.21L.901. Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. Effective date—1989 c 175: See note following RCW 34.05.010. Severability—1986 c 292: See note following RCW 90.58.030. Appeal under this chapter also subject of appeal under state environmental policy act: RCW 43.21C.075. 90.58.185 Appeals involving single-family residences or involving penalties of fifteen thousand dollars or less— Composition of board—Rules to expedite appeals. (1) In the case of an appeal involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve a single-family residence, or of appeals involving a penalty of fifteen thousand dollars or less, the request for review may be heard by a panel of three board members, at least one and not more than two of whom shall be members of the pollution control hearings board. Two members of the three must agree to issue a final decision of the board. (2) The board shall define by rule alternative processes to expedite appeals, including those involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve a single-family residence, or involving a penalty of fifteen thousand dollars or less. These alternatives may include: Mediation, upon 90.58.185 [Title 90 RCW—page 121] 90.58.190 Title 90 RCW: Water Rights—Environment agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals. [2005 c 34 § 1; 1994 c 253 § 2.] 90.58.190 Appeal of department’s decision to adopt or amend a master program. (1) The appeal of the department’s decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is governed by RCW 34.05.510 through 34.05.598. (2)(a) The department’s decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320. (b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment solely for compliance with the requirements of this chapter, the policy of RCW 90.58.020 and the applicable guidelines, the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW. (c) If the appeal to the growth management hearings board concerns a shoreline of statewide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines. (d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection. (e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300. (3)(a) The department’s decision to approve, reject, or modify a proposed master program or master program amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department’s written notice to the local government of the department’s decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2). (b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government’s master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines. (c) In an appeal relating to shorelines of statewide significance, the shorelines hearings board shall uphold the decision by the department unless the board determines, by clear and convincing evidence that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines. 90.58.190 [Title 90 RCW—page 122] (d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act. The aggrieved local government shall have the burden of proof in all such reviews. (e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in chapter 34.05 RCW. (4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program amendment. [2003 c 321 § 4; 1995 c 347 § 311; 1989 c 175 § 184; 1986 c 292 § 3; 1971 ex.s. c 286 § 19.] Finding—Intent—2003 c 321: See note following RCW 90.58.030. Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470. Effective date—1989 c 175: See note following RCW 34.05.010. Severability—1986 c 292: See note following RCW 90.58.030. 90.58.195 Shoreline master plan review—Local governments with coastal waters or coastal shorelines. (1) The department of ecology, in cooperation with other state agencies and coastal local governments, shall prepare and adopt ocean use guidelines and policies to be used in reviewing, and where appropriate, amending, shoreline master programs of local governments with coastal waters or coastal shorelines within their boundaries. These guidelines shall be finalized by April 1, 1990. (2) After the department of ecology has adopted the guidelines required in subsection (1) of this section, counties, cities, and towns with coastal waters or coastal shorelines shall review their shoreline master programs to ensure that the programs conform with RCW 43.143.010 and 43.143.030 and with the department of ecology’s ocean use guidelines. Amended master programs shall be submitted to the department of ecology for its approval under RCW 90.58.090 by June 30, 1991. [1989 1st ex.s. c 2 § 13.] 90.58.195 90.58.200 Rules and regulations. The department and local governments are authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter. [1971 ex.s. c 286 § 20.] 90.58.200 90.58.210 Court actions to insure against conflicting uses and to enforce—Civil penalty—Review. (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions and programs of this chapter, and to otherwise enforce the provisions of this chapter. 90.58.210 (2008 Ed.) Shoreline Management Act of 1971 (2) Any person who shall fail to conform to the terms of a permit issued under this chapter or who shall undertake development on the shorelines of the state without first obtaining any permit required under this chapter shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Each permit violation or each day of continued development without a required permit shall constitute a separate violation. (3) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department or local government, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time. (4) Within thirty days after the notice is received, the person incurring the penalty may apply in writing to the department for remission or mitigation of such penalty. Upon receipt of the application, the department or local government may remit or mitigate the penalty upon whatever terms the department or local government in its discretion deems proper. Any penalty imposed pursuant to this section by the department shall be subject to review by the shorelines hearings board. Any penalty imposed pursuant to this section by local government shall be subject to review by the local government legislative authority. Any penalty jointly imposed by the department and local government shall be appealed to the shorelines hearings board. [1995 c 403 § 637; 1986 c 292 § 4; 1971 ex.s. c 286 § 21.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Severability—1986 c 292: See note following RCW 90.58.030. 90.58.220 General penalty. In addition to incurring civil liability under RCW 90.58.210, any person found to have wilfully engaged in activities on the shorelines of the state in violation of the provisions of this chapter or any of the master programs, rules, or regulations adopted pursuant thereto shall be guilty of a gross misdemeanor, and shall be punished by a fine of not less than twenty-five nor more than one thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment: PROVIDED, That the fine for the third and all subsequent violations in any five-year period shall be not less than five hundred nor more than ten thousand dollars: PROVIDED FURTHER, That fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be determined under RCW 90.58.560. [1983 c 138 § 3; 1971 ex.s. c 286 § 22.] 90.58.220 90.58.230 Violators liable for damages resulting from violation—Attorney’s fees and costs. Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. 90.58.230 (2008 Ed.) 90.58.260 The attorney general or local government attorney shall bring suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney’s fees and costs of the suit to the prevailing party. [1971 ex.s. c 286 § 23.] 90.58.240 Additional authority granted department and local governments. In addition to any other powers granted hereunder, the department and local governments may: (1) Acquire lands and easements within shorelines of the state by purchase, lease, or gift, either alone or in concert with other governmental entities, when necessary to achieve implementation of master programs adopted hereunder; (2) Accept grants, contributions, and appropriations from any agency, public or private, or individual for the purposes of this chapter; (3) Appoint advisory committees to assist in carrying out the purposes of this chapter; (4) Contract for professional or technical services required by it which cannot be performed by its employees. [1972 ex.s. c 53 § 1; 1971 ex.s. c 286 § 24.] 90.58.240 90.58.250 Intent—Department to cooperate with local governments—Grants for development of master programs. (1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master programs consistent with the schedule established by RCW 90.58.080. Except as specifically described herein, nothing in chapter 262, Laws of 2003 is intended to alter the existing obligation, duties, and benefits provided by chapter 262, Laws of 2003 to local governments and the department. (2) The department is directed to cooperate fully with local governments in discharging their responsibilities under this chapter. Funds shall be available for distribution to local governments on the basis of applications for preparation of master programs and the provisions of RCW 90.58.080(7). Such applications shall be submitted in accordance with regulations developed by the department. The department is authorized to make and administer grants within appropriations authorized by the legislature to any local government within the state for the purpose of developing a master shorelines program. [2003 c 262 § 3; 1971 ex.s. c 286 § 25.] 90.58.250 90.58.260 State to represent its interest before federal agencies, interstate agencies and courts. The state, through the department of ecology and the attorney general, shall represent its interest before water resource regulation management, development, and use agencies of the United 90.58.260 [Title 90 RCW—page 123] 90.58.270 Title 90 RCW: Water Rights—Environment States, including among others, the federal power commission, environmental protection agency, corps of engineers, department of the interior, department of agriculture and the atomic energy commission, before interstate agencies and the courts with regard to activities or uses of shorelines of the state and the program of this chapter. Where federal or interstate agency plans, activities, or procedures conflict with state policies, all reasonable steps available shall be taken by the state to preserve the integrity of its policies. [1971 ex.s. c 286 § 26.] 90.58.270 Nonapplication to certain structures, docks, developments, etc., placed in navigable waters— Nonapplication to certain rights of action, authority. (1) Nothing in this statute shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the state of Washington to the impairment of public rights of navigation, and corollary rights incidental thereto, caused by the retention and maintenance of said structures, improvements, docks, fills or developments are hereby granted: PROVIDED, That the consent herein given shall not relate to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying said waters which are in trespass or in violation of state statutes. (2) Nothing in this section shall be construed as altering or abridging any private right of action, other than a private right which is based upon the impairment of public rights consented to in subsection (1) hereof. (3) Nothing in this section shall be construed as altering or abridging the authority of the state or local governments to suppress or abate nuisances or to abate pollution. (4) Subsection (1) of this section shall apply to any case pending in the courts of this state on June 1, 1971 relating to the removal of structures, improvements, docks, fills, or developments based on the impairment of public navigational rights. [1971 ex.s. c 286 § 27.] 90.58.270 90.58.280 Application to all state agencies, counties, public and municipal corporations. The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them. [1971 ex.s. c 286 § 28.] 90.58.280 90.58.290 Restrictions as affecting fair market value of property. The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property. [1971 ex.s. c 286 § 29.] 90.58.290 90.58.310 Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure. Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature. The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have statewide significance relating to special economic, ecological, educational, developmental, recreational, or aesthetic values to be designated as shorelines of statewide significance. Prior to making any such recommendation the director shall hold a public hearing in the county or counties where the shoreline under consideration is located. It shall be the duty of the county commissioners of each county where such a hearing is conducted to submit their views with regard to a proposed designation to the director at such date as the director determines but in no event shall the date be later than sixty days after the public hearing in the county. [1971 ex.s. c 286 § 31.] 90.58.310 90.58.320 Height limitation respecting permits. No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served. [1971 ex.s. c 286 § 32.] 90.58.320 90.58.340 Use policies for land adjacent to shorelines, development of. All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use policy on said land consistent with the policy of this chapter, the guidelines, and the master programs for the shorelines of the state. The department may develop recommendations for land use control for such lands. Local governments shall, in developing use regulations for such areas, take into consideration any recommendations developed by the department as well as any other state agencies or units of local government. [1971 ex.s. c 286 § 34.] 90.58.340 90.58.350 Nonapplication to treaty rights. Nothing in this chapter shall affect any rights established by treaty to which the United States is a party. [1971 ex.s. c 286 § 35.] 90.58.350 90.58.355 Hazardous substance remedial actions— Procedural requirements not applicable. The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 90.58.355 90.58.300 Department as regulating state agency— Special authority. The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and the shorelines of the inner tidal waters of the state, and is authorized to cooperate with the federal government and sister states and to receive benefits of any statutes of the United States whenever enacted which relate to the programs of this chapter. [1971 ex.s. c 286 § 30.] 90.58.300 [Title 90 RCW—page 124] (2008 Ed.) Shoreline Management Act of 1971 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090. [1994 c 257 § 20.] Severability—1994 c 257: See note following RCW 36.70A.270. 90.58.360 Existing requirements for permits, certificates, etc., not obviated. Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government. [1971 ex.s. c 286 § 36.] 90.58.360 90.58.370 Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited. All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application. [1989 c 171 § 11; 1987 c 343 § 5.] 90.58.370 Severability—1989 c 171: See note following RCW 43.83B.400. Severability—1987 c 343: See note following RCW 43.83B.300. 90.58.380 Adoption of wetland manual. The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual in use on January 1, 1995, by the United States army corps of engineers and the United States environmental protection agency. If the corps of engineers and the environmental protection agency adopt changes to or a different manual, the department shall consider those changes and may adopt rules implementing those changes. [1995 c 382 § 11.] 90.58.380 90.58.390 Certain secure community transition facilities not subject to chapter. (Expires June 30, 2009.) An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter. This section expires June 30, 2009. [2002 c 68 § 13.] 90.58.390 Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200. 90.58.515 Watershed restoration projects—Exemption. Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section. [1995 c 378 § 16.] 90.58.515 (2008 Ed.) 90.58.560 90.58.550 Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement. (1) Within this section the following definitions apply: (a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters; (b) "Marine waters" include the waters of Puget Sound north to the Canadian border, the waters of the Strait of Juan de Fuca, the waters between the western boundary of the state and the ordinary high water mark, and related bays and estuaries; (c) "Vessel" includes ships, boats, barges, or any other floating craft. (2) A person desiring to perform oil or natural gas exploration activities by vessel located on or within marine waters of the state shall first obtain a permit from the department of ecology. The department may approve an application for a permit only if it determines that the proposed activity will not: (a) Interfere materially with the normal public uses of the marine waters of the state; (b) Interfere with activities authorized by a permit issued under RCW 90.58.140(2); (c) Injure the marine biota, beds, or tidelands of the waters; (d) Violate water quality standards established by the department; or (e) Create a public nuisance. (3) Decisions on an application under subsection (2) of this section are subject to review only by the pollution control hearings board under chapter 43.21B RCW. (4) This section does not apply to activities conducted by an agency of the United States or the state of Washington. (5) This section does not lessen, reduce, or modify RCW 90.58.160. (6) The department may adopt rules necessary to implement this section. (7) The attorney general shall enforce this section. [1983 c 138 § 1.] 90.58.550 Ocean resources management act: Chapter 43.143 RCW. Transport of petroleum products or hazardous substances: Chapter 88.40 RCW. 90.58.560 Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal. (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, a person who violates RCW 90.58.550, or any rule adopted thereunder, is subject to a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day’s continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty provided for in this section. (2) The penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the director or the director’s representative describing such viola90.58.560 [Title 90 RCW—page 125] 90.58.570 Title 90 RCW: Water Rights—Environment tion with reasonable particularity. The director or the director’s representative may, upon written application therefor received within fifteen days after notice imposing any penalty is received by the person incurring the penalty, and when deemed to carry out the purposes of this chapter, remit or mitigate any penalty provided for in this section upon such terms as he or she deems proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he or she may deem proper. (3) Any person incurring any penalty under this section may appeal the penalty to the hearings board as provided for in chapter 43.21B RCW. Such appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the department. When an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the director or the director’s representative setting forth the disposition of the application. Any penalty imposed under this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When an application for remission or mitigation is made, any penalty incurred hereunder shall become due and payable thirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from such disposition. Whenever an appeal of any penalty incurred under this section is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. (4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund. [1995 c 403 § 638; 1983 c 138 § 2.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 90.58.570 Consultation before responding to federal coastal zone management certificates. The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer continental shelf. [1989 1st ex.s. c 2 § 15.] 90.58.570 Severability—1989 1st ex.s. c 2: See RCW 43.143.902. 90.58.600 Conformance with chapter 43.97 RCW required. With respect to the National Scenic Area, as defined in the Columbia [River] Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a local government or the department of ecology pursuant to this chapter shall be subject to and in conformity with the 90.58.600 [Title 90 RCW—page 126] requirements of chapter 43.97 RCW, including the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 10.] 90.58.900 Liberal construction—1971 ex.s. c 286. This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [1971 ex.s. c 286 § 37.] 90.58.900 90.58.910 Severability—1971 ex.s. c 286. If any provision of this chapter, or its application to any person or legal entity or circumstances, is held invalid, the remainder of the act, or the application of the provision to other persons or legal entities or circumstances, shall not be affected. [1971 ex.s. c 286 § 40.] 90.58.910 90.58.911 Severability—1983 c 138. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 138 § 4.] 90.58.911 90.58.920 Effective date—1971 ex.s. c 286. This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government, and its existing institutions. This 1971 act shall take effect on June 1, 1971. The director of ecology is authorized to immediately take such steps as are necessary to insure that this 1971 act is implemented on its effective date. [1971 ex.s. c 286 § 41.] 90.58.920 Chapter 90.64 Chapter 90.64 RCW DAIRY NUTRIENT MANAGEMENT (Formerly: Dairy waste management) Sections 90.64.005 90.64.010 90.64.015 90.64.017 90.64.020 90.64.023 90.64.026 90.64.028 90.64.030 90.64.040 90.64.050 90.64.070 90.64.080 90.64.100 90.64.110 90.64.120 90.64.130 90.64.140 90.64.150 Findings. Definitions. Environmental excellence program agreements—Effect on chapter. Registration of dairy producers—Information required— Information to producers regarding chapter. Concentrated dairy animal feeding operation—Designation— Permit. Inspection program. Dairy nutrient management plans—Elements—Approval— Timelines—Certification. Appeals from denial of plan approval or certification—Dairy producer-requested hearings—Extension of timelines. Investigation of dairy farms—Report of findings—Corrective action—Violations of water quality laws—Waivers—Penalties. Appeal from actions and orders of the department. Duties of department—Annual report to commission. Duties of conservation district. Duties of conservation commission. Parties’ liability. Rules. Department’s authority under federal law or chapter 90.48 RCW not affected. Database. Technical assistance teams—Standards and specifications for dairy nutrient management plans. Livestock nutrient management account. (2008 Ed.) Dairy Nutrient Management 90.64.160 90.64.170 90.64.180 90.64.190 90.64.800 90.64.900 90.64.901 Grants for dairy producers—Statement of environmental benefits—Development of outcome-focused performance measures. Livestock nutrient management program—Review of statutory authority—Recommendations for statutory changes— Prerequisite to administering federal program. Protocol for monitoring waters near dairies and CAFOs. Information subject to public records disclosure—Rules. Reports to the legislature. Effective date—1998 c 262. Transfer of powers, duties, and functions to the department of agriculture. 90.64.005 Findings. The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy nutrients that affect the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions. The legislature finds that federal regulations require a permit program for dairies with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form. It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a *committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level. It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality. [1998 c 262 § 1; 1993 c 221 § 1.] 90.64.005 *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "*Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program. (2) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 90.64.010 (2008 Ed.) 90.64.010 (3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an overflow from a required waste retention structure. (4) "Certification" means: (a) The acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her dairy nutrient management plan; and (b) The acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan. (5) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed for the current herd size. (6) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW. (7) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW. (8) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW 90.64.020 or meets the following criteria: (a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or (b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either: (i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or (ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation. (9) "Dairy animal feeding operation" means a lot or facility where the following conditions are met: (a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and (b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes. (10) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW. (11) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation. (12) "Dairy nutrient management plan" means a plan meeting the requirements established under RCW 90.64.026. (13) "Dairy nutrient management technical assistance team" means one or more professional engineers and local conservation district employees convened to serve one of four distinct geographic areas in the state. (14) "Dairy producer" means a person who owns or operates a dairy farm. (15) "Department" means the department of ecology under chapter 43.21A RCW. [Title 90 RCW—page 127] 90.64.015 Title 90 RCW: Water Rights—Environment (16) "Director" means the director of the department of ecology, or his or her designee. (17) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the dairy. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (18) "Violation" means the following acts or omissions: (a) A discharge of pollutants into the waters of the state, except those discharges that are due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41, and that occur when: (i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system designed, operated, and maintained for the current herd size and that contains all process-generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twentyfour hour rainfall event for that specific location, and the dairy producer has complied with all permit conditions, including dairy nutrient management plan conditions for appropriate land application practices; or (ii) A dairy producer does not have a national pollutant discharge elimination system permit, but has complied with all of the elements of a dairy nutrient management plan that: Prevents the discharge of pollutants to waters of the state, is commensurate with the dairy producer’s current herd size, and is approved and certified under RCW 90.64.026; (b) Failure to register as required under RCW 90.64.017; or (c) The lack of an approved dairy nutrient management plan by July 1, 2002; or (d) The lack of a certified dairy nutrient management plan for a dairy farm after December 31, 2003. [1998 c 262 § 2; 1993 c 221 § 2.] *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.015 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [1997 c 381 § 29.] 90.64.015 Purpose—1997 c 381: See RCW 43.21K.005. 90.64.017 Registration of dairy producers—Information required—Information to producers regarding chapter. (1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensing. The purpose of 90.64.017 [Title 90 RCW—page 128] registration is to provide and update baseline information for the dairy nutrient management program. (2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998. (3) At a minimum, the form shall require the following information as of the date the form is completed: (a) The name and address of the operator of the dairy farm; (b) The name and address of the dairy farm; (c) The telephone number of the dairy farm; (d) The number of cows in the dairy farm; (e) The number of young stock in the dairy farm; (f) The number of acres owned and rented in the dairy farm; (g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is commensurate with the size of his or her herd, and whether the plan is being fully implemented; and (h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients. (4) In the mailing to dairy producers containing the registration form, the department shall also provide clear and comprehensive information regarding the requirements of this chapter. (5) The department shall require the registrant to provide only information that is not already available from other sources accessible to the department, such as dairy licensing information. [1998 c 262 § 3.] 90.64.020 Concentrated dairy animal feeding operation—Designation—Permit. (1) The director of the department of ecology may designate any dairy animal feeding operation as a concentrated dairy animal feeding operation upon determining that it is a significant contributor of pollution to the surface or ground waters of the state. In making this designation the director shall consider the following factors: (a) The size of the animal feeding operation and the amount of wastes reaching waters of the state; (b) The location of the animal feeding operation relative to waters of the state; (c) The means of conveyance of animal wastes and process waters into the waters of the state; (d) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes and process waste waters into the waters of the state; and (e) Other relevant factors as established by the department by rule. (2) A notice of intent to apply for a permit shall not be required from a concentrated dairy animal feeding operation designated under this section until the director has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the permit program. [1993 c 221 § 3.] 90.64.020 (2008 Ed.) Dairy Nutrient Management 90.64.023 Inspection program. (1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to: (a) Survey for evidence of violations; (b) Identify corrective actions for actual or imminent discharges that violate or could violate the state’s water quality standards; (c) Monitor the development and implementation of dairy nutrient management plans; and (d) Identify dairy producers who would benefit from technical assistance programs. (2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections. (3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the *advisory and oversight committee established in section 8 of this act, shall develop performance-based criteria to determine the frequency of inspections. (4) Dairy farms shall be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors: (a) Existence or implementation of a dairy nutrient management plan; (b) Proximity to impaired waters of the state; and (c) Proximity to all other waters of the state. The criteria developed to implement this subsection (4) shall be reviewed by the *advisory and oversight committee. [1998 c 262 § 5.] 90.64.023 *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.026 Dairy nutrient management plans—Elements—Approval—Timelines—Certification. (1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardless of size, shall prepare a dairy nutrient management plan. If at any time a dairy nutrient management plan fails to prevent the discharge of pollutants to waters of the state, it shall be required to be updated. (2) By November 1, 1998, the conservation commission, in conjunction with the *advisory and oversight committee established under section 8 of this act shall develop a document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval. (3) In developing the elements that an approved dairy nutrient management plan must contain, the commission may authorize the use of other methods and technologies than those developed by the natural resources conservation service when such alternatives have been evaluated by the *advisory 90.64.026 (2008 Ed.) 90.64.026 and oversight committee. Alternative methods and technologies shall meet the standards and specifications of: (a) The natural resources conservation service as modified by the geographically based standards developed under RCW 90.64.140; or (b) A professional engineer with expertise in the area of dairy nutrient management. (4) In evaluating alternative technologies and methods, the principal objectives of the *committee’s evaluation shall be determining: (a) Whether there is a substantial likelihood that, once implemented, the alternative technologies and methods would not violate water quality requirements; (b) Whether more cost-effective methods can be successfully implemented in some or all categories of dairy operations; and (c) Whether the technologies and methods approved or provided by the natural resources conservation service for use by confined animal feeding operations are necessarily required for other categories of dairy operations. In addition, the *committee shall encourage the conservation commission and the conservation districts to apply in dairy nutrient management plans technologies and methods that are appropriate to the needs of the specific type of operation and the specific farm site and to avoid imposing requirements that are not necessary for the specific dairy producer to achieve compliance with water quality requirements. (5) Such plans shall be submitted for approval to the local conservation district where the dairy farm is located, and shall be approved by conservation districts no later than by July 1, 2002. The conservation commission, in conjunction with conservation districts, shall develop a statewide schedule of plan development and approval to ensure adequate resources are available to have all plans approved by July 1, 2002. (6) If a dairy producer leases land for dairy production from an owner who has prohibited the development of capital improvements, such as storage lagoons, on the leased property, the dairy producer shall indicate in his or her dairy nutrient management plan that such improvements are prohibited by the landowner and shall describe other methods, such as land application, that will be employed by the dairy producer to manage dairy nutrients. (7) Notwithstanding the timelines in this section, any dairy farm licensed after September 1, 1998, shall have six months from the date of licensing to develop a dairy nutrient management plan and another eighteen months to fully implement that plan. (8) If a plan contains the elements identified in subsection (2) of this section, a conservation district shall approve the plan no later than ninety days after receiving the plan. If the plan does not contain the elements identified in subsection (2) of this section, the local conservation district shall notify the dairy producer in writing of modifications needed in the plan no later than ninety days after receiving the plan. The dairy producer shall provide a revised plan that includes the needed modifications within ninety days of the date of the local conservation district notification. If the dairy producer does not agree with, or otherwise takes exception to, the modifications requested by the local conservation district, the dairy producer may initiate the appeals process described in [Title 90 RCW—page 129] 90.64.028 Title 90 RCW: Water Rights—Environment RCW 90.64.028 within thirty days of receiving the letter of notification. (9) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and intended. A certification form shall be developed by the conservation commission for use statewide and shall provide for a signature by both a conservation district representative and a dairy producer. Certification forms shall be signed by December 31, 2003, and a copy provided to the department for recording in the database established in RCW 90.64.130. (10) The ability of dairy producers to comply with the planning requirements of this chapter depends, in many cases, on the availability of federal and state funding to support technical assistance provided by local conservation districts. Dairy producers shall not be held responsible for noncompliance with the planning requirements of this chapter if conservation districts are unable to perform their duties under this chapter because of insufficient funding. [1998 c 262 § 6.] *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.028 Appeals from denial of plan approval or certification—Dairy producer-requested hearings— Extension of timelines. (1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and the failure to adhere to plan review and approval timelines identified in RCW 90.64.026 are appealable under this chapter. Department actions pertaining to water quality violations are appealable under chapter 90.48 RCW. In addition, a dairy producer who is constrained from complying with the planning requirements of this chapter because of financial hardship or local permitting delays may request a hearing before the conservation commission and may request an extension of up to one year beyond the approval and certification dates prescribed in this chapter for plan approval and certification. (2) Within thirty days of receiving a local conservation district notification regarding any of the decisions identified in subsection (1) of this section, a dairy producer who disagrees with any of these decisions may request an informal hearing before the conservation commission or may appeal directly to the pollution control hearings board. The commission shall issue a written decision no later than thirty days after the informal hearing. (3) If the conservation commission reverses the decision of the conservation district, the conservation district may appeal this reversal to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission’s decision. (4) When an appeals process is initiated under this section, the length of time extending from the start of the appeals process to its conclusion shall be added onto the timelines provided in this chapter for plan development, approval, and 90.64.028 [Title 90 RCW—page 130] certification only if an appeal is heard by the pollution control hearings board. [1998 c 262 § 7.] 90.64.030 Investigation of dairy farms—Report of findings—Corrective action—Violations of water quality laws—Waivers—Penalties. (1) Under the inspection program established in RCW 90.64.023, the department may investigate a dairy farm to determine whether the operation is discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation. (2) The department shall investigate a written complaint filed with the department within three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. Within twenty days of receiving a written complaint, a copy of the findings shall be provided to the dairy producer subject to the complaint, and to the complainant if the person gave his or her name and address to the department at the time the complaint was filed. (3) The department may consider past complaints against the same dairy farm from the same person and the results of its previous inspections, and has the discretion to decide whether to conduct an inspection if: (a) The same or a similar complaint or complaints have been filed against the same dairy farm within the immediately preceding six-month period; and (b) The department made a determination that the activity that was the subject of the prior complaint was not a violation. (4) If the decision of the department is not to conduct an inspection, it shall document the decision and the reasons for the decision within twenty days. The department shall provide the decision to the complainant if the name and address were provided to the department, and to the dairy producer subject to the complaint, and the department shall place the decision in the department’s administrative records. (5) The report of findings of any inspection conducted as the result of either an oral or a written complaint shall be placed in the department’s administrative records. Only findings of violations shall be entered into the database identified in RCW 90.64.130. (6) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144. (7) If the department determines that an unresolved water quality problem from a dairy farm requires immediate corrective action, the department shall notify the producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local con90.64.030 (2008 Ed.) Dairy Nutrient Management servation district and to the appropriate dairy farm within twenty days. (8) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions. (9) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW 90.64.010(18). In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer’s agent. (10) As provided under RCW 7.48.305, agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety. (11) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit. (12) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. The department has discretion in imposing penalties for failure to meet deadlines for plan approval or plan certification if the failure to comply is due to lack of state funding for implementation of the program. Failure to register as required in RCW 90.64.017 shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department. [2003 c 325 § 3; 2002 c 327 § 1; 1998 c 262 § 11; 1993 c 221 § 4.] Intent—Finding—2003 c 325: "A livestock nutrient management program is essential to ensuring a healthy and productive livestock industry in Washington state. The goal of the program must be to provide clear guidance to livestock farms as to their responsibilities under state and federal law to protect water quality while maintaining a healthy business climate for these farms. The program should develop reasonable financial assistance resources, educational and technical assistance to meet these responsibilities, and provide for periodic inspection and enforcement actions to ensure com(2008 Ed.) 90.64.070 pliance with state and federal water quality laws. The legislature intends that by 2006, there will be a fully functioning state program for concentrated animal feeding operations in the state, and that this program will be a single program for all livestock sectors. The legislature finds that a livestock nutrient management program is necessary to address the federal rule changes with which livestock operations must comply. Furthermore, budgetary conditions demand efficient and effective governance. In addition, many of the existing requirements and goals for dairy farms will be completed by December 2003, and revisions will be needed." [2003 c 325 § 1.] 90.64.040 Appeal from actions and orders of the department. Enforcement actions and administrative orders issued by the department of ecology may be appealed to the pollution control hearings board in accordance with the provisions of chapter 43.21B RCW. [1993 c 221 § 5.] 90.64.040 90.64.050 Duties of department—Annual report to commission. (1) The department has the following duties: (a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023; (b) Inspect a dairy farm upon the request of a dairy producer; (c) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms; (d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW. The department shall maintain the lead enforcement responsibility; (e) Administer and enforce national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations and state laws or upon request of a dairy producer; (f) Participate on the *advisory and oversight committee; (g) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel; (h) Require the use of dairy nutrient management plans as required under this chapter for entities required to plan under this chapter; and (i) Provide to the commission and the *advisory and oversight committee an annual report of dairy farm inspection and enforcement activities. (2) The department may not delegate its responsibilities in enforcement. [1998 c 262 § 12; 1993 c 221 § 6.] 90.64.050 *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.070 Duties of conservation district. (1) The conservation district has the following duties: (a) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023; (b) Immediately refer complaints received from the public regarding discharge of pollutants to the department; 90.64.070 [Title 90 RCW—page 131] 90.64.080 Title 90 RCW: Water Rights—Environment (c) Encourage communication and cooperation between the conservation district personnel and local department personnel; (d) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and (e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under this chapter. (2) The district’s capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy nutrient management program. [1998 c 262 § 13; 1993 c 221 § 8.] 90.64.080 Duties of conservation commission. (1) The conservation commission has the following duties: (a) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy nutrient management program implementation; (b) Provide coordination for conservation district programs at the state level through special arrangements with appropriate federal and state agencies, including oversight of the review, approval, and certification of dairy nutrient management plans; (c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts; (d) Provide an informal hearing for disputes between dairy producers and local conservation districts pertaining to: (i) Denial of approval or denial of certification of dairy nutrient management plans; (ii) modification or amendment of plans; (iii) conditions contained in plans; (iv) application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and (v) the failure to adhere to the plan review and approval timelines identified in RCW 90.64.026. An informal hearing may also provide an opportunity for dairy producers who are constrained from timely compliance with the planning requirements of this chapter because of financial hardship or local permitting delays to petition for additional time to comply; (e) Encourage communication between the conservation district personnel and local department personnel; (f) Accept nominations and appoint members to serve on the *advisory and oversight committee with advice of the Washington association of conservation districts and the department; (g) Provide a cochair to the *advisory and oversight committee; (h) Report to the legislature by December 1st of each year until 2003 on the status of dairy nutrient management planning and on the technical assistance provided to dairy producers in carrying out the requirements of this chapter; and (i) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter. (2) The commission’s capability to carry out its responsibilities under this chapter is contingent upon the availability 90.64.080 [Title 90 RCW—page 132] of funding and resources to implement a dairy nutrient management program. [1998 c 262 § 14; 1993 c 221 § 9.] *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.100 90.64.100 Parties’ liability. A party acting under this chapter is not liable for another party’s actions under this chapter. [1993 c 221 § 11.] 90.64.110 90.64.110 Rules. The department may adopt rules as necessary to implement this chapter. [1993 c 221 § 12.] 90.64.120 90.64.120 Department’s authority under federal law or chapter 90.48 RCW not affected. (1) Nothing in this chapter shall affect the department of ecology’s authority or responsibility to administer or enforce the national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations or to administer the provisions of chapter 90.48 RCW. (2) Unless the department of ecology delegates its authority under chapter 90.48 RCW to the department of agriculture pursuant to RCW 90.48.260, and until any such delegation of authority receives federal approval, the transfer specified in RCW 90.64.901 shall not preclude the department of ecology from taking action related to animal feeding operations or concentrated animal feeding operations to protect water quality pursuant to its authority in chapter 90.48 RCW. Before taking such actions, the department of ecology shall notify the department of agriculture. [2003 c 325 § 4; 1993 c 221 § 13.] Intent—Finding—2003 c 325: See note following RCW 90.64.030. 90.64.130 90.64.130 Database. (1) By October 1, 1998, the department, in consultation with the *advisory and oversight committee, shall develop and maintain a database to account for the implementation of this chapter. (2) The database shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcement actions; and the status of dairy nutrient management plans. In addition, the number of dairy farm inspections by inspector shall be tallied by month. A summary of database information shall be provided quarterly to the *advisory and oversight committee. (3) Any information entered into the database by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the database upon a showing that the information is faulty or inaccurate. Complaints that have been filed with the department and determined to be unfounded, invalid, or without merit shall not be recorded in the database. Appeals of decisions related to dairy nutrient management plans to the pollution control hearings board or to any court shall be recorded, as well as the decisions of those bodies. [1998 c 262 § 9.] *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. (2008 Ed.) Dairy Nutrient Management 90.64.140 90.64.140 Technical assistance teams—Standards and specifications for dairy nutrient management plans. (1) The conservation commission shall establish four dairy nutrient management technical assistance teams by June 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers, local conservation district employees, and dairy nutrient management experts from Washington State University. The purpose of the teams is to: (a) Actively develop and promote new cost-effective approaches for managing dairy nutrients; and (b) Assist dairy farms in developing dairy nutrient management plans. (2) By January 1, 1999, each team shall develop one or more initial sets of standards and specifications to assist dairy producers in developing and implementing dairy nutrient management plans. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions within that geographic area and shall be reviewed by the *advisory and oversight committee. [1998 c 262 § 10.] *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.150 90.64.150 Livestock nutrient management account. The livestock nutrient management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only to provide grants for research or education proposals that assist livestock operations to achieve compliance with state and federal water quality laws. The director of agriculture shall accept and prioritize research proposals and education proposals. Only the director or the director’s designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2003 c 325 § 5; 1998 c 262 § 15.] Intent—Finding—2003 c 325: See note following RCW 90.64.030. 90.64.160 90.64.160 Grants for dairy producers—Statement of environmental benefits—Development of outcomefocused performance measures. In providing grants to dairy producers, districts shall require grant applicants to incorporate the environmental benefits of the project into their applications, and the districts shall utilize the statement of environmental benefit[s] in their prioritization and selection process. The districts shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the program. The commission shall work with the districts to develop uniform performance measures across participating districts. To the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in implementing this section. [2001 c 227 § 4.] Findings—Intent—2001 c 227: See note following RCW 43.41.270. (2008 Ed.) 90.64.190 90.64.170 Livestock nutrient management program—Review of statutory authority—Recommendations for statutory changes—Prerequisite to administering federal program. (1) The legislature finds that a livestock nutrient management program is essential to protecting the quality of the waters of the state and ensuring a healthy and productive livestock industry. (2) The departments of agriculture and ecology shall examine their current statutory authorities and provide the legislature with recommendations for statutory changes to fully implement a livestock nutrient management program within the department of agriculture for concentrated animal feeding operations, animal feeding operations, and dairies, as authorized in RCW 90.48.260, *90.64.813, and 90.64.901. In developing recommended statutory changes, the departments shall consult with the livestock nutrient management program development and oversight committee created in *RCW 90.64.813. The recommendations must be submitted to the legislature by the departments of agriculture and ecology prior to applying to the environmental protection agency for delegated authority to administer the CAFO portion of the national pollutant discharge elimination system permit program under the federal clean water act. (3) For purposes of chapter 510, Laws of 2005, animal feeding operations (AFOs) and concentrated animal feeding operations (CAFOs) have the same meaning as defined in 40 C.F.R. 122.23. (4) This section applies to all operations that meet the definition of an AFO. This section does not apply to true pasture and rangeland operations that do not meet the definition of AFO, however, such operations may have confinement areas that may qualify as an AFO. [2005 c 510 § 1.] 90.64.170 *Reviser’s note: RCW 90.64.813 expired June 30, 2006. 90.64.180 Protocol for monitoring waters near dairies and CAFOs. (1) The department of ecology shall develop and maintain a standard protocol for water quality monitoring of the waters of the state within the vicinity of dairies and CAFOs. The protocol shall include sampling methods and procedures and identify the water quality constituents to be monitored. (2) The department of ecology shall submit the initial protocol developed according to this section to the appropriate committees of the legislature by December 1, 2005. [2005 c 510 § 3.] 90.64.180 90.64.190 Information subject to public records disclosure—Rules. This section applies to dairies, AFOs, and CAFOs, not required to apply for a permit. Information in plans, records, and reports obtained by state and local agencies from livestock producers under chapter 510, Laws of 2005 regarding (1) number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields shall be disclosable in response to a request for public records under chapter 42.56 RCW only in ranges that provide meaningful information to the public while ensuring confidentiality of business information. The department of agriculture shall adopt rules to implement this section in consul90.64.190 [Title 90 RCW—page 133] 90.64.800 Title 90 RCW: Water Rights—Environment tation with affected state and local agencies. [2006 c 209 § 14; 2005 c 510 § 4.] Effective date—2006 c 209: See RCW 42.56.903. 90.64.800 Reports to the legislature. The department, in conjunction with the conservation commission and *advisory and oversight committee, shall report to the legislature by December 1st of each year until 2003, on progress made in implementing chapter 262, Laws of 1998. At a minimum, the reports shall include data on inspections, the status of dairy nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of chapter 262, Laws of 1998 could be facilitated for dairy producers and generally improved. The conservation commission shall include in the report to the legislature filed December 1, 1999, an evaluation of whether the fiscal resources available to the commission, to conservation districts, and to Washington State University dairy nutrient management experts are adequate to fund the technical assistance teams established under RCW 90.64.140 and to develop and certify plans as required by the schedule established in RCW 90.64.026. If the funding is insufficient, the report shall include an estimate of the amount of funding necessary to accomplish the schedule contained in RCW 90.64.026. [1998 c 262 § 17.] 90.64.800 *Reviser’s note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed. 90.64.900 Effective date—1998 c 262. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998]. [1998 c 262 § 22.] (c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of agriculture. All existing contracts and obligations shall remain in full force and shall be performed by the department of agriculture. (4) The transfer of the powers, duties, and functions of the department of ecology shall not affect the validity of any act performed before July 1, 2003. (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [2003 c 325 § 6.] Effective date—2003 c 325 §§ 2 and 6: "Sections 2 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003." [2003 c 325 § 9.] Intent—Finding—2003 c 325: See note following RCW 90.64.030. 90.64.900 90.64.901 Transfer of powers, duties, and functions to the department of agriculture. (1) All powers, duties, and functions of the department of ecology pertaining to chapter 90.64 RCW are transferred to the department of agriculture. All references to the director of ecology or the department of ecology in the Revised Code of Washington shall be construed to mean the director of agriculture or the department of agriculture when referring to the functions transferred in this section. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of agriculture. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology in carrying out the powers, functions, and duties transferred shall be made available to the department of agriculture. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of agriculture. (b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on July 1, 2003, be transferred and credited to the department of agriculture. 90.64.901 [Title 90 RCW—page 134] Chapter 90.66 Chapter 90.66 RCW FAMILY FARM WATER ACT Sections 90.66.010 90.66.020 90.66.030 90.66.040 90.66.050 90.66.060 90.66.065 90.66.070 90.66.080 90.66.900 90.66.910 Short title. Prior existing rights to withdraw and use public waters not affected. Public policy enunciated—Maximum benefit from use of public waters—Irrigation. Definitions. Classes of permits for withdrawal of public waters for irrigation purposes—Conditions—Requirements. Withdrawal of water under family farm permit—Conditioned upon complying with definition of family farm—Suspension of permit, procedures, time. Transfers or change in purpose of family farm permits. Transfer of property entitled to water under permit—Rights— Requirements. Rules and regulations—Decisions, review. Liberal construction—Initiative Measure No. 59. Severability—Initiative Measure No. 59. 90.66.010 Short title. This chapter shall be known and may be cited as the "Family Farm Water Act". [1979 c 3 § 1 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.010 90.66.020 Prior existing rights to withdraw and use public waters not affected. Nothing in this chapter shall affect any right to withdraw and use public waters if such rights were in effect prior to *the effective date of the act, and nothing herein shall modify the priority of any such existing right. [1979 c 3 § 2 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.020 *Reviser’s note: "The effective date of the act" [1979 c 3 (Initiative Measure No. 59)], consisting of RCW 90.66.010 through 90.66.080, (2008 Ed.) Family Farm Water Act 90.66.900, and 90.66.910, is "thirty days after the election at which it is approved" as mandated by Article II, section 1(d) of the Washington Constitution. Initiative Measure No. 59 was approved by the voters at the election November 8, 1977, and was so certified by the governor on December 8, 1977. 90.66.030 Public policy enunciated—Maximum benefit from use of public waters—Irrigation. The people of the state of Washington recognize that it is in the public interest to conserve and use wisely the public surface and ground waters of the state in a manner that will assure the maximum benefit to the greatest possible number of its citizens. The maximum benefit to the greatest number of citizens through the use of water for the irrigation of agricultural lands will result from providing for the use of such water on family farms. To assure that future permits issued for the use of public waters for irrigation of agricultural lands will be made on the basis of deriving such maximum benefits, in addition to any other requirements in the law, all permits for the withdrawal of public waters for the purpose of irrigating agricultural lands after *the effective date of this act shall be issued in accord with the provisions of this chapter. [1979 c 3 § 3 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.030 *Reviser’s note: "the effective date of this act," see note following RCW 90.66.020. 90.66.040 Definitions. For the purposes of this chapter, the following definitions shall be applicable: (1) "Family farm" means a geographic area including not more than six thousand acres of irrigated agricultural lands, whether contiguous or noncontiguous, the controlling interest in which is held by a person having a controlling interest in no more than six thousand acres of irrigated agricultural lands in the state of Washington which are irrigated under rights acquired after December 8, 1977. (2) "Person" means any individual, corporation, partnership, limited partnership, organization, or other entity whatsoever, whether public or private. The term "person" shall include as one person all corporate or partnership entities with a common ownership of more than one-half of the assets of each of any number of such entities. (3) "Controlling interest" means a property interest that can be transferred to another person, the percentage interest so transferred being sufficient to effect a change in control of the landlord’s rights and benefits. Ownership of property held in trust shall not be deemed a controlling interest where no part of the trust has been established through expenditure or assignment of assets of the beneficiary of the trust and where the rights of the family farm permit which is a part of the trust cannot be transferred to another by the beneficiary of the trust under terms of the trust. Each trust of a separate donor origin shall be treated as a separate entity and the administration of property under trust shall not represent a controlling interest on the part of the trust officer. (4) "Department" means the department of ecology of the state of Washington. (5) "Application", "permit" and "public waters" shall have the meanings attributed to these terms in chapters 90.03 and 90.44 RCW. (6) "Public water entity" means any public or governmental entity with authority to administer and operate a system to supply water for irrigation of agricultural lands. 90.66.040 (2008 Ed.) 90.66.060 (7) "Transfer" means a transfer, change, or amendment to part or all of a water right authorized under RCW 90.03.380, 90.03.390, or 90.44.100 or chapter 90.80 RCW. (8) "Withdraw" means to withdraw groundwater or to divert surface water. [2001 c 237 § 24; 1979 c 3 § 4 (Initiative Measure No. 59, approved November 8, 1977).] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.66.050 Classes of permits for withdrawal of public waters for irrigation purposes—Conditions—Requirements. After *the effective date of this act, all permits issued for the withdrawal of public waters for the purpose of irrigating agricultural lands shall be classified as follows and issued with the conditions set forth in this chapter: (1) "Family farm permits". Such permits shall limit the use of water withdrawn for irrigation of agricultural lands to land qualifying as a family farm. (2) "Family farm development permits". Such permits may be issued to persons without any limit on the number of acres to be irrigated during a specified period of time permitted for the development of such land into family farms and the transfer of the controlling interest of such irrigated lands to persons qualifying for family farm permits. The initial period of time allowed for development and transfer of such lands to family farm status shall not exceed ten years. Such time limit may be extended by the department for not to exceed an additional ten years upon a showing to the department that an additional period of time is needed for orderly development and transfer of controlling interests to persons who can qualify for family farm permits. (3) "Publicly owned land permits". Such permits shall be issued only to governmental entities permitting the irrigation of publicly owned lands. (4) "Public water entity permits". Such permits may be issued to public water entities under provisions requiring such public water entity, with respect to delivery of water for use in the irrigation of agricultural lands, to make water deliveries under the same provisions as would apply if separate permits were issued for persons eligible for family farm permits, permits to develop family farms, or for the irrigation of publicly owned land: PROVIDED, HOWEVER, That such provisions shall not apply with respect to water deliveries on federally authorized reclamation projects if such federally authorized projects provide for acreage limitations in water delivery contracts. [1979 c 3 § 5 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.050 *Reviser’s note: "the effective date of this act," see note following RCW 90.66.020. 90.66.060 Withdrawal of water under family farm permit—Conditioned upon complying with definition of family farm—Suspension of permit, procedures, time. (1) Except as provided in subsections (2) and (3) of this section, the right to withdraw water for use for the irrigation of agricultural lands under authority of a family farm permit shall have no time limit and shall be conditioned upon the land being irrigated complying with the definition of a family farm as defined at the time the permit is issued. 90.66.060 [Title 90 RCW—page 135] 90.66.065 Title 90 RCW: Water Rights—Environment (2) If the acquisition by any person of land and water rights by gift, devise, bequest, or by way of bona fide satisfaction of a debt, would otherwise cause land being irrigated pursuant to a family farm permit to lose its status as a family farm, such acquisition shall be deemed to have no effect upon the status of family farm water permits pertaining to land held or acquired by the person acquiring such land and water rights if all lands held or acquired are again in compliance with the definition of a family farm within five years from the date of such acquisition. (3) For family farm permits under this chapter, if the department determines that water is being withdrawn for use on land not in conformity with the definition of a family farm, the department shall notify the holder of such family farm permit by personal service of such fact and the permit shall be suspended two years from the date of receipt of notice unless the person having a controlling interest in said land satisfies the department that such land is again in conformity with the definition of a family farm. The department may, upon a showing of good cause and reasonable effort to attain compliance on the part of the person having the controlling interest in such land, extend the two year period prior to suspension. If conformity is not achieved prior to five years from the date of notice the rights of withdrawal shall be canceled. [2001 c 237 § 25; 1979 c 3 § 6 (Initiative Measure No. 59, approved November 8, 1977).] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.66.065 Transfers or change in purpose of family farm permits. (1) Transfers of water rights established as family farm permits under this chapter may be approved as authorized under this section and under RCW 90.03.380, 90.03.390, or 90.44.100 or chapter 90.80 RCW as appropriate. (2) A family farm permit may be transferred: (a) For use for agricultural irrigation purposes as limited by RCW 90.66.060 (1) and (2); (b) To any purpose of use that is a beneficial use of water if the transfer is made exclusively under a lease agreement, except that transfers for the use of water for agricultural irrigation purposes shall be limited as provided by RCW 90.66.060 (1) and (2); (c) To any purpose of use that is a beneficial use of water if the water right is for the use of water at a location that is, at the time the transfer is approved, within the boundaries of an urban growth area designated under chapter 36.70A RCW or, in counties not planning under chapter 36.70A RCW, within a city or town or within areas designated for urban growth in comprehensive plans prepared under chapter 36.70 RCW, except that transfers for the use of water for agricultural irrigation purposes shall be limited as provided by RCW 90.66.060 (1) and (2). (3) If a portion of the water governed by a water right established under the authority of a family farm permit is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, that are more water-use efficient than those under which the right was perfected, the right to use the surplus 90.66.065 [Title 90 RCW—page 136] water may be transferred to any purpose of use that is a beneficial use of water. Nothing in this subsection authorizes: A transfer of the portion of a water right that is necessary for the production of crops historically grown under the right; or a transfer of a water right or a portion of a water right that has not been perfected through beneficial use before the transfer. Water right transfers approved under this subsection must be consistent with the provisions of RCW 90.03.380(1). (4) Before a change in purpose of a family farm water permit to municipal supply purpose or domestic purpose may be authorized, the public water system that is receiving the family farm water permit must be meeting the water conservation requirements of its current water system plan approved by the department of health or its small water system management program. (5) The place of use for a water right transferred under the authority of this section shall remain within: The water resource inventory area containing the place of use for the water right before the transfer; or the urban growth area or contiguous urban growth areas of the place of use for the water right before the transfer if the urban growth area or contiguous urban growth areas cross boundaries of water resource inventory areas. (6) The authority granted by this section to transfer or alter the purpose of use of a water right established under the authority of a family farm permit shall not be construed as limiting in any manner the authority granted by RCW 90.03.380, 90.03.390, or 90.44.100 to alter other elements of such a water right. [2001 c 237 § 23.] Intent—2001 c 237: "It is the intent of the legislature to help preserve the agricultural economy of the state by allowing changes of family farm water permits from agricultural irrigation to other agricultural purposes. Within the urbanizing areas of the state, the legislature recognizes the need to allow water from family farms to be converted to other purposes as the use of the land changes consistent with adopted land use plans. The legislature also intends to allow farmers to benefit from water conservation projects and from temporary leases of their family farm water permits. Water conservation and water leases will also allow farmers to contribute to instream flows and other purposes. However, outside of urbanizing areas, the legislature intends to preserve farmlands by ensuring that the quantity of water needed to grow the crops historically grown remains with the farm. In addition, to help retain family farms within the state, the legislature intends to allow family farms of a large enough size to be economically viable under modern agricultural market conditions." [2001 c 237 § 22.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. 90.66.070 90.66.070 Transfer of property entitled to water under permit—Rights—Requirements. (1) At any time that the holder of a family farm development permit or a publicly owned land permit shall transfer the controlling interest of all or any portion of the land entitled to water under such permit to a person who can qualify to receive water for irrigation of such land under a family farm permit, the department shall, upon request, issue a family farm permit to such person under the same conditions as would have been applicable if such request had been made at the time of the granting of the original family farm development permit. If the permit under which water is available is held by a public water entity prior to the transfer of the controlling interest to a person who qualifies for a family farm permit, such entity shall continue delivery of water to such land without any restriction on the (2008 Ed.) Puget Sound Water Quality Protection length of time of delivery not applicable generally to all its water customers. (2) The issuance of a family farm permit secured through the acquisition of land and water rights from the holder of a family farm development permit, or from the holder of a publicly owned land permit, where water delivery prior to the transfer is from a public water entity, may be conditioned upon the holder of the family farm permit issued continuing to receive water through the facilities of the public water entity. [1979 c 3 § 7 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.080 Rules and regulations—Decisions, review. The department is hereby empowered to promulgate such rules as may be necessary to carry out the provisions of this chapter. Decisions of the department, other than rule making, shall be subject to review in accordance with chapter 43.21B RCW. [1979 c 3 § 8 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.080 Pollution control hearings board of the state: Chapter 43.21B RCW. 90.66.900 Liberal construction—Initiative Measure No. 59. This chapter is exempted from the rule of strict construction and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [1979 c 3 § 9 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.900 90.66.910 Severability—Initiative Measure No. 59. If any provision of this act, or its application to any person, organization, or circumstance is held invalid or unconstitutional, the remainder of the act, or the application of the provision to other persons, organizations, or circumstances is not affected. [1979 c 3 § 10 (Initiative Measure No. 59, approved November 8, 1977).] 90.66.910 Chapter 90.71 RCW PUGET SOUND WATER QUALITY PROTECTION Chapter 90.71 Sections 90.71.010 90.71.060 90.71.110 90.71.200 90.71.210 90.71.220 90.71.230 90.71.240 90.71.250 90.71.260 90.71.270 90.71.280 90.71.290 90.71.300 90.71.310 90.71.320 90.71.330 90.71.340 90.71.350 90.71.360 90.71.370 (2008 Ed.) Definitions. Puget Sound assessment and monitoring program. Puget Sound scientific research account. Findings—Intent. Puget Sound partnership—Created. Leadership council—Membership. Leadership council—Powers and duties. Executive director—Appointment—Authority. Ecosystem coordination board—Membership—Duties. Development of the action agenda—Integration of watershed programs and ecosystem-level plans. Science panel—Creation—Membership. Science panel—Duties. Science panel—Strategic science program—Puget Sound science update—Biennial science work plan. Action agenda—Goals and objectives. Action agenda—Development—Elements revision and updates. Action agenda—Biennial budget requests. Funding from partnership—Accountability. Fiscal accountability—Fiscal incentives and disincentives for implementation of the action agenda. Accountability for achieving and implementing action agenda—Noncompliance. Limitations on authority. Report to the governor and legislature—State of the Sound report—Review of programs. 90.71.380 90.71.390 90.71.400 90.71.904 90.71.905 90.71.906 90.71.907 90.71.010 Assessment of basin-wide restoration progress. Performance audits of the partnership. Puget Sound recovery account. Transfer of powers, duties, and functions—References to chair of the Puget Sound action team. Captions not law. Severability—2007 c 341. Effective date—2007 c 341. 90.71.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Action agenda" means the comprehensive schedule of projects, programs, and other activities designed to achieve a healthy Puget Sound ecosystem that is authorized and further described in RCW 90.71.300 and 90.71.310. (2) "Action area" means the geographic areas delineated as provided in RCW 90.71.260. (3) "Benchmarks" means measurable interim milestones or achievements established to demonstrate progress towards a goal, objective, or outcome. (4) "Board" means the ecosystem coordination board. (5) "Council" means the leadership council. (6) "Environmental indicator" means a physical, biological, or chemical measurement, statistic, or value that provides a proximate gauge, or evidence of, the state or condition of Puget Sound. (7) "Implementation strategies" means the strategies incorporated on a biennial basis in the action agenda developed under RCW 90.71.310. (8) "Nearshore" means the area beginning at the crest of coastal bluffs and extending seaward through the marine photics zone, and to the head of tide in coastal rivers and streams. "Nearshore" also means both shoreline and estuaries. (9) "Panel" means the Puget Sound science panel. (10) "Partnership" means the Puget Sound partnership. (11) "Puget Sound" means Puget Sound and related inland marine waters, including all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of the junction of the Pacific Ocean and the Strait of Juan de Fuca, and the rivers and streams draining to Puget Sound as mapped by water resource inventory areas 1 through 19 in WAC 173-500-040 as it exists on July 1, 2007. (12) "Puget Sound partner" means an entity that has been recognized by the partnership, as provided in RCW 90.71.340, as having consistently achieved outstanding progress in implementing the 2020 action agenda. (13) "Watershed groups" means all groups sponsoring or administering watershed programs, including but not limited to local governments, private sector entities, watershed planning units, watershed councils, shellfish protection areas, regional fishery enhancement groups, marine resource[s] committees including those working with the Northwest straits commission, nearshore groups, and watershed lead entities. (14) "Watershed programs" means and includes all watershed-level plans, programs, projects, and activities that relate to or may contribute to the protection or restoration of Puget Sound waters. Such programs include jurisdiction-wide programs regardless of whether more than one watershed is addressed. [2007 c 341 § 2; 1996 c 138 § 2.] 90.71.010 [Title 90 RCW—page 137] 90.71.060 Title 90 RCW: Water Rights—Environment 90.71.060 Puget Sound assessment and monitoring program. In addition to other powers and duties specified in this chapter, the panel, with the approval of the council, shall guide the implementation and coordination of a Puget Sound assessment and monitoring program. [2007 c 341 § 22; 1996 c 138 § 7.] 90.71.060 90.71.110 Puget Sound scientific research account. The Puget Sound scientific research account is created in the state treasury. All gifts, grants, federal moneys, or appropriations made to the account must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for research programs and projects selected pursuant to *section 2 of this act. [2007 c 345 § 3.] 90.71.110 *Reviser’s note: Section 2 of this act was vetoed by the governor. Findings—2007 c 345: "Although research about conditions in Puget Sound have been studied during the past several decades, the legislature finds that there is no coordinated, focused, comprehensive Puget Sound science program capable of setting research priorities for Puget Sound science. The legislature finds that environmental problems in Puget Sound are complex and that research is needed to provide information that can guide protective and restorative actions, and to explore and understand the impacts of a changing environment. The legislature also finds that there is no predictable funding process for Puget Sound research projects, including the aquatic rehabilitation zone one. The legislature declares that the state needs a process to focus the scientific effort on the Puget Sound ecosystem and to distribute research funds." [2007 c 345 § 1.] (a) Define a strategic action agenda prioritizing necessary actions, both basin-wide and within specific areas, and creating an approach that addresses all of the complex connections among the land, water, web of species, and human needs. The action agenda will be based on science and include clear, measurable goals for the recovery of Puget Sound by 2020; (b) Determine accountability for performance, oversee the efficiency and effectiveness of money spent, educate and engage the public, and track and report results to the legislature, the governor, and the public; (c) Not have regulatory authority, nor authority to transfer the responsibility for, or implementation of, any state regulatory program, unless otherwise specifically authorized by the legislature. (3) It is the goal of the state that the health of Puget Sound be restored by 2020. [2007 c 341 § 1.] 90.71.210 Puget Sound partnership—Created. An agency of state government, to be known as the Puget Sound partnership, is created to oversee the restoration of the environmental health of Puget Sound by 2020. The agency shall consist of a leadership council, an executive director, an ecosystem coordination board, and a Puget Sound science panel. [2007 c 341 § 3.] 90.71.210 90.71.220 Leadership council—Membership. (1) The partnership shall be led by a leadership council composed of seven members appointed by the governor, with the advice and consent of the senate. The governor shall appoint members who are publicly respected and influential, are interested in the environmental and economic prosperity of Puget Sound, and have demonstrated leadership qualities. The governor shall designate one of the seven members to serve as chair and a vice-chair shall be selected annually by the membership of the council. (2) The initial members shall be appointed as follows: (a) Three of the initial members shall be appointed for a term of two years; (b) Two of the initial members shall be appointed for a term of three years; and (c) Two of the initial members shall be appointed for a term of four years. (3) The initial members’ successors shall be appointed for terms of four years each, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she succeeds. (4) Members of the council are eligible for reappointment. (5) Any member of the council may be removed by the governor for cause. (6) Members whose terms expire shall continue to serve until reappointed or replaced by a new member. (7) A majority of the council constitutes a quorum for the transaction of business. (8) Council decisions and actions require majority vote approval of all councilmembers. [2007 c 341 § 4.] 90.71.220 90.71.200 Findings—Intent. (1) The legislature finds 90.71.200 that: (a) Puget Sound, including Hood Canal, and the waters that flow to it are a national treasure and a unique resource. Residents enjoy a way of life centered around these waters that depends upon clean and healthy marine and freshwater resources. (b) Puget Sound is in serious decline, and Hood Canal is in a serious crisis. This decline is indicated by loss of and damage to critical habit, rapid decline in species populations, increases in aquatic nuisance species, numerous toxics contaminated sites, urbanization and attendant storm water drainage, closure of beaches to shellfish harvest due to disease risks, low-dissolved oxygen levels causing death of marine life, and other phenomena. If left unchecked, these conditions will worsen. (c) Puget Sound must be restored and protected in a more coherent and effective manner. The current system is highly fragmented. Immediate and concerted action is necessary by all levels of government working with the public, nongovernmental organizations, and the private sector to ensure a thriving natural system that exists in harmony with a vibrant economy. (d) Leadership, accountability, government transparency, thoughtful and responsible spending of public funds, and public involvement will be integral to the success of efforts to restore and protect Puget Sound. (2) The legislature therefore creates a new Puget Sound partnership to coordinate and lead the effort to restore and protect Puget Sound, and intends that all governmental entities, including federal and state agencies, tribes, cities, counties, ports, and special purpose districts, support and help implement the partnership’s restoration efforts. The legislature further intends that the partnership will: [Title 90 RCW—page 138] 90.71.230 Leadership council—Powers and duties. (1) The leadership council shall have the power and duty to: 90.71.230 (2008 Ed.) Puget Sound Water Quality Protection (a) Provide leadership and have responsibility for the functions of the partnership, including adopting, revising, and guiding the implementation of the action agenda, allocating funds for Puget Sound recovery, providing progress and other reports, setting strategic priorities and benchmarks, adopting and applying accountability measures, and making appointments to the board and panel; (b) Adopt rules, in accordance with chapter 34.05 RCW; (c) Create subcommittees and advisory committees as appropriate to assist the council; (d) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions to effectuate the purposes of this chapter; (e) Make grants to governmental and nongovernmental entities to effectuate the purposes of this chapter; (f) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the partnership to effectuate the purposes of this chapter; (g) Promote extensive public awareness, education, and participation in Puget Sound protection and recovery; (h) Work collaboratively with the Hood Canal coordinating council established in chapter 90.88 RCW on Hood Canal-specific issues; (i) Maintain complete and consolidated financial information to ensure that all funds received and expended to implement the action agenda have been accounted for; and (j) Such other powers and duties as are necessary and appropriate to carry out the provisions of this chapter. (2) The council may delegate functions to the chair and to the executive director, however the council may not delegate its decisional authority regarding developing or amending the action agenda. (3) The council shall work closely with existing organizations and all levels of government to ensure that the action agenda and its implementation are scientifically sound, efficient, and achieve necessary results to accomplish recovery of Puget Sound to health by 2020. (4) The council shall support, engage, and foster collaboration among watershed groups to assist in the recovery of Puget Sound. (5) When working with federally recognized Indian tribes to develop and implement the action agenda, the council shall conform to the procedures and standards required in a government-to-governmental relationship with tribes under the 1989 Centennial Accord between the state of Washington and the sovereign tribal governments in the state of Washington. (6) Members of the council shall be compensated in accordance with RCW 43.03.220 and be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [2007 c 341 § 5.] 90.71.240 Executive director—Appointment— Authority. (1) The partnership shall be administered by an executive director who serves as a communication link between all levels of government, the private sector, tribes, nongovernmental organizations, the council, the board, and the panel. The executive director shall be accountable to the council and the governor for effective communication, actions, and results. 90.71.240 (2008 Ed.) 90.71.250 (2) The executive director shall be appointed by and serve at the pleasure of the governor, in consultation with the council. The governor shall consider the recommendations of the council when appointing the executive director. (3) The executive director shall have complete charge of and supervisory powers over the partnership, subject to the guidance from the council. (4) The executive director shall employ a staff, who shall be state employees under Title 41 RCW. (5) Upon approval of the council, the executive director may take action to create a private nonprofit entity, which may take the form of a nonprofit corporation, to assist the partnership in restoring Puget Sound by: (a) Raising money and other resources through charitable giving, donations, and other appropriate mechanisms; (b) Engaging and educating the public regarding Puget Sound’s health, including efforts and opportunities to restore Puget Sound ecosystems; and (c) Performing other similar activities as directed by the partnership. [2007 c 341 § 6.] 90.71.250 Ecosystem coordination board—Membership—Duties. (1) The council shall convene the ecosystem coordination board not later than October 1, 2007. (2) The board shall consist of the following: (a) One representative from the geographic area of each of the action areas specified in RCW 90.71.260, appointed by the council. The council shall solicit nominations from, at a minimum, counties, cities, and watershed groups; (b) Two members representing general business interests, one of whom shall represent in-state general small business interests, both appointed by the council; (c) Two members representing environmental interests, appointed by the council; (d) Three representatives of tribal governments located in Puget Sound, invited by the governor to participate as members of the board; (e) One representative each from counties, cities, and port districts, appointed by the council from nominations submitted by statewide associations representing such local governments; (f) Three representatives of state agencies with environmental management responsibilities in Puget Sound, representing the interests of all state agencies, one of whom shall be the commissioner of public lands or his or her designee; and (g) Three representatives of federal agencies with environmental management responsibilities in Puget Sound, representing the interests of all federal agencies and invited by the governor to participate as members of the board. (3) The president of the senate shall appoint two senators, one from each major caucus, as legislative liaisons to the board. The speaker of the house of representatives shall appoint two representatives, one from each major caucus, as legislative liaisons to the board. (4) The board shall elect one of its members as chair, and one of its members as vice-chair. (5) The board shall advise and assist the council in carrying out its responsibilities in implementing this chapter, including development and implementation of the action agenda. The board’s duties include: 90.71.250 [Title 90 RCW—page 139] 90.71.260 Title 90 RCW: Water Rights—Environment (a) Assisting cities, counties, ports, tribes, watershed groups, and other governmental and private organizations in the compilation of local programs for consideration for inclusion in the action agenda as provided in RCW 90.71.260; (b) Upon request of the council, reviewing and making recommendations regarding activities, projects, and programs proposed for inclusion in the action agenda, including assessing existing ecosystem scale management, restoration and protection plan elements, activities, projects, and programs for inclusion in the action agenda; (c) Seeking public and private funding and the commitment of other resources for plan implementation; (d) Assisting the council in conducting public education activities regarding threats to Puget Sound and about local implementation strategies to support the action agenda; and (e) Recruiting the active involvement of and encouraging the collaboration and communication among governmental and nongovernmental entities, the private sector, and citizens working to achieve the recovery of Puget Sound. (6) Members of the board, except for federal and state employees, shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [2007 c 341 § 7.] 90.71.260 Development of the action agenda—Integration of watershed programs and ecosystem-level plans. (1) The partnership shall develop the action agenda in part upon the foundation of existing watershed programs that address or contribute to the health of Puget Sound. To ensure full consideration of these watershed programs in a timely manner to meet the required date for adoption of the action agenda, the partnership shall rely largely upon local watershed groups, tribes, cities, counties, special purpose districts, and the private sector, who are engaged in developing and implementing these programs. (2) The partnership shall organize this work by working with these groups in the following geographic action areas of Puget Sound, which collectively encompass all of the Puget Sound basin and include the areas draining to the marine waters in these action areas: (a) Strait of Juan de Fuca; (b) The San Juan Islands; (c) Whidbey Island; (d) North central Puget Sound; (e) South central Puget Sound; (f) South Puget Sound; and (g) Hood Canal. (3) The council shall define the geographic delineations of these action areas based upon the common issues and interests of the entities in these action areas, and upon the characteristics of the Sound’s physical structure, and the water flows into and within the Sound. (4) The executive director, working with the board representatives from each action area, shall invite appropriate tribes, local governments, and watershed groups to convene for the purpose of compiling the existing watershed programs relating or contributing to the health of Puget Sound. The participating groups should work to identify the applicable local plan elements, projects, and programs, together with estimated budget, timelines, and proposed funding sources, that are suitable for adoption into the action agenda. This 90.71.260 [Title 90 RCW—page 140] may include a prioritization among plan elements, projects, and programs. (5) The partnership may provide assistance to watershed groups in those action areas that are developing and implementing programs included within the action agenda, and to improve coordination among the groups to improve and accelerate the implementation of the action agenda. (6) The executive director, working with the board, shall also compile and assess ecosystem scale management, restoration, and protection plans for the Puget Sound basin. (a) At a minimum, the compilation shall include the Puget Sound nearshore estuary project, clean-up plans for contaminated aquatic lands and shorelands, aquatic land management plans, state resource management plans, habitat conservation plans, and recovery plans for salmon, orca, and other species in Puget Sound that are listed under the federal endangered species act. (b) The board should work to identify and assess applicable ecosystem scale plan elements, projects, and programs, together with estimated budget, timelines, and proposed funding sources, that are suitable for adoption into the action agenda. (c) When the board identifies conflicts or disputes among ecosystem scale projects or programs, the board may convene the agency managers in an attempt to reconcile the conflicts with the objective of advancing the protection and recovery of Puget Sound. (d) If it determines that doing so will increase the likelihood of restoring Puget Sound by 2020, the partnership may explore the utility of federal assurances under the endangered species act, 16 U.S.C. Sec. 1531 et seq., and shall confer with the federal services administering that act. (7) The executive director shall integrate and present the proposed elements from watershed programs and ecosystemlevel plans to the council for consideration for inclusion in the action agenda not later than July 1, 2008. [2007 c 341 § 8.] 90.71.270 Science panel—Creation—Membership. (1) The council shall appoint a nine-member Puget Sound science panel to provide independent, nonrepresentational scientific advice to the council and expertise in identifying environmental indicators and benchmarks for incorporation into the action agenda. (2) In establishing the panel, the council shall request the Washington academy of sciences, created in chapter 70.220 RCW, to nominate fifteen scientists with recognized expertise in fields of science essential to the recovery of Puget Sound. Nominees should reflect the full range of scientific and engineering disciplines involved in Puget Sound recovery. At a minimum, the Washington academy of sciences shall consider making nominations from scientists associated with federal, state, and local agencies, tribes, the business and environmental communities, members of the K-12, college, and university communities, and members of the board. The solicitation should be to all sectors, and candidates may be from all public and private sectors. Persons nominated by the Washington academy of sciences must disclose any potential conflicts of interest, and any financial relationship with any leadership councilmember, and disclose sources of current 90.71.270 (2008 Ed.) Puget Sound Water Quality Protection financial support and contracts relating to Puget Sound recovery. (3) The panel shall select a chair and a vice-chair. Panel members shall serve four-year terms, except that the council shall determine initial terms of two, three, and four years to provide for staggered terms. The council shall determine reappointments and select replacements or additional members of the panel. No panel member may serve longer than twelve years. (4) The executive director shall designate a lead staff scientist to coordinate panel actions, and administrative staff to support panel activities. The legislature intends to provide ongoing funding for staffing of the panel to ensure that it has sufficient capacity to provide independent scientific advice. (5) The executive director of the partnership and the science panel shall explore a shared state and federal responsibility for the staffing and administration of the panel. In the event that a federally sponsored Puget Sound recovery office is created, the council may propose that such office provide for staffing and administration of the panel. (6) The panel shall assist the council in developing and revising the action agenda, making recommendations to the action agenda, and making recommendations to the council for updates or revisions. (7) Members of the panel shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060, and based upon the availability of funds, the council may contract with members of the panel for compensation for their services under chapter 39.29 RCW. If appointees to the panel are employed by the federal, state, tribal, or local governments, the council may enter into interagency personnel agreements. [2007 c 341 § 9.] 90.71.280 Science panel—Duties. (1) The panel shall: (a) Assist the council, board, and executive director in carrying out the obligations of the partnership, including preparing and updating the action agenda; (b) As provided in RCW 90.71.290, assist the partnership in developing an ecosystem level strategic science program that: (i) Addresses monitoring, modeling, data management, and research; and (ii) Identifies science gaps and recommends research priorities; (c) Develop and provide oversight of a competitive peerreviewed process for soliciting, strategically prioritizing, and funding research and modeling projects; (d) Provide input to the executive director in developing biennial implementation strategies; and (e) Offer an ecosystem-wide perspective on the science work being conducted in Puget Sound and by the partnership. (2) The panel should collaborate with other scientific groups and consult other scientists in conducting its work. To the maximum extent possible, the panel should seek to integrate the state-sponsored Puget Sound science program with the Puget Sound science activities of federal agencies, including working toward an integrated research agenda and Puget Sound science work plan. (3) By July 31, 2008, the panel shall identify environmental indicators measuring the health of Puget Sound, and recommend environmental benchmarks that need to be 90.71.280 (2008 Ed.) 90.71.290 achieved to meet the goals of the action agenda. The council shall confer with the panel on incorporating the indicators and benchmarks into the action agenda. [2007 c 341 § 10.] 90.71.290 Science panel—Strategic science program—Puget Sound science update—Biennial science work plan. (1) The strategic science program shall be developed by the panel with assistance and staff support provided by the executive director. The science program may include: (a) Continuation of the Puget Sound assessment and monitoring program, as provided in RCW 90.71.060, as well as other monitoring or modeling programs deemed appropriate by the executive director; (b) Development of a monitoring program, in addition to the provisions of RCW 90.71.060, including baselines, protocols, guidelines, and quantifiable performance measures, to be recommended as an element of the action agenda; (c) Recommendations regarding data collection and management to facilitate easy access and use of data by all participating agencies and the public; and (d) A list of critical research needs. (2) The strategic science program may not become an official document until a majority of the members of the council votes for its adoption. (3) A Puget Sound science update shall be developed by the panel with assistance and staff support provided by the executive director. The panel shall submit the initial update to the executive director by April 2010, and subsequent updates as necessary to reflect new scientific understandings. The update shall: (a) Describe the current scientific understanding of various physical attributes of Puget Sound; (b) Serve as the scientific basis for the selection of environmental indicators measuring the health of Puget Sound; and (c) Serve as the scientific basis for the status and trends of those environmental indicators. (4) The executive director shall provide the Puget Sound science update to the Washington academy of sciences, the governor, and appropriate legislative committees, and include: (a) A summary of information in existing updates; and (b) Changes adopted in subsequent updates and in the state of the Sound reports produced pursuant to RCW 90.71.370. (5) A biennial science work plan shall be developed by the panel, with assistance and staff support provided by the executive director, and approved by the council. The biennial science work plan shall include, at a minimum: (a) Identification of recommendations from scientific and technical reports relating to Puget Sound; (b) A description of the Puget Sound science-related activities being conducted by various entities in the region, including studies, models, monitoring, research, and other appropriate activities; (c) A description of whether the ongoing work addresses the recommendations and, if not, identification of necessary actions to fill gaps; (d) Identification of specific biennial science work actions to be done over the course of the work plan, and how these actions address science needs in Puget Sound; and 90.71.290 [Title 90 RCW—page 141] 90.71.300 Title 90 RCW: Water Rights—Environment (e) Recommendations for improvements to the ongoing science work in Puget Sound. [2007 c 341 § 11.] 90.71.300 Action agenda—Goals and objectives. (1) The action agenda shall consist of the goals and objectives in this section, implementation strategies to meet measurable outcomes, benchmarks, and identification of responsible entities. By 2020, the action agenda shall strive to achieve the following goals: (a) A healthy human population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem; (b) A quality of human life that is sustained by a functioning Puget Sound ecosystem; (c) Healthy and sustaining populations of native species in Puget Sound, including a robust food web; (d) A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained; (e) An ecosystem that is supported by groundwater levels as well as river and stream flow levels sufficient to sustain people, fish, and wildlife, and the natural functions of the environment; (f) Fresh and marine waters and sediments of a sufficient quality so that the waters in the region are safe for drinking, swimming, shellfish harvest and consumption, and other human uses and enjoyment, and are not harmful to the native marine mammals, fish, birds, and shellfish of the region. (2) The action agenda shall be developed and implemented to achieve the following objectives: (a) Protect existing habitat and prevent further losses; (b) Restore habitat functions and values; (c) Significantly reduce toxics entering Puget Sound fresh and marine waters; (d) Significantly reduce nutrients and pathogens entering Puget Sound fresh and marine waters; (e) Improve water quality and habitat by managing storm water runoff; (f) Provide water for people, fish and wildlife, and the environment; (g) Protect ecosystem biodiversity and recover imperiled species; and (h) Build and sustain the capacity for action. [2007 c 341 § 12.] 90.71.300 90.71.310 Action agenda—Development—Elements revision and updates. (1) The council shall develop a science-based action agenda that leads to the recovery of Puget Sound by 2020 and achievement of the goals and objectives established in RCW 90.71.300. The action agenda shall: (a) Address all geographic areas of Puget Sound including upland areas and tributary rivers and streams that affect Puget Sound; (b) Describe the problems affecting Puget Sound’s health using supporting scientific data, and provide a summary of the historical environmental health conditions of Puget Sound so as to determine past levels of pollution and restorative actions that have established the current health conditions of Puget Sound; 90.71.310 [Title 90 RCW—page 142] (c) Meet the goals and objectives described in RCW 90.71.300, including measurable outcomes for each goal and objective specifically describing what will be achieved, how it will be quantified, and how progress towards outcomes will be measured. The action agenda shall include near-term and long-term benchmarks designed to ensure continuous progress needed to reach the goals, objectives, and designated outcomes by 2020. The council shall consult with the panel in developing these elements of the plan; (d) Identify and prioritize the strategies and actions necessary to restore and protect Puget Sound and to achieve the goals and objectives described in RCW 90.71.300; (e) Identify the agency, entity, or person responsible for completing the necessary strategies and actions, and potential sources of funding; (f) Include prioritized actions identified through the assembled proposals from each of the seven action areas and the identification and assessment of ecosystem scale programs as provided in RCW 90.71.260; (g) Include specific actions to address aquatic rehabilitation zone one, as defined in RCW 90.88.010; (h) Incorporate any additional goals adopted by the council; and (i) Incorporate appropriate actions to carry out the biennial science work plan created in RCW 90.71.290. (2) In developing the action agenda and any subsequent revisions, the council shall, when appropriate, incorporate the following: (a) Water quality, water quantity, sediment quality, watershed, marine resource, and habitat restoration plans created by governmental agencies, watershed groups, and marine and shoreline groups. The council shall consult with the board in incorporating these plans; (b) Recovery plans for salmon, orca, and other species in Puget Sound listed under the federal endangered species act; (c) Existing plans and agreements signed by the governor, the commissioner of public lands, other state officials, or by federal agencies; (d) Appropriate portions of the Puget Sound water quality management plan existing on July 1, 2007. (3) Until the action agenda is adopted, the existing Puget Sound management plan and the 2007-09 Puget Sound biennial plan shall remain in effect. The existing Puget Sound management plan shall also continue to serve as the comprehensive conservation and management plan for the purposes of the national estuary program described in section 320 of the federal clean water act, until replaced by the action agenda and approved by the United States environmental protection agency as the new comprehensive conservation and management plan. (4) The council shall adopt the action agenda by December 1, 2008. The council shall revise the action agenda as needed, and revise the implementation strategies every two years using an adaptive management process informed by tracking actions and monitoring results in Puget Sound. In revising the action agenda and the implementation strategies, the council shall consult the panel and the board and provide opportunity for public review and comment. Biennial updates shall: (a) Contain a detailed description of prioritized actions necessary in the biennium to achieve the goals, objectives, (2008 Ed.) Puget Sound Water Quality Protection outcomes, and benchmarks of progress identified in the action agenda; (b) Identify the agency, entity, or person responsible for completing the necessary action; and (c) Establish biennial benchmarks for near-term actions. (5) The action agenda shall be organized and maintained in a single document to facilitate public accessibility to the plan. [2008 c 329 § 926; 2007 c 341 § 13.] Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110. 90.71.320 Action agenda—Biennial budget requests. (1) State agencies responsible for implementing elements of the action agenda shall: (a) Provide to the partnership by June 1st of each evennumbered year their estimates of the actions and the budget resources needed for the forthcoming biennium to implement their portion of the action agenda; and (b) Work with the partnership in the development of biennial budget requests to achieve consistency with the action agenda to be submitted to the governor for consideration in the governor’s biennial budget request. The agencies shall seek the concurrence of the partnership in the proposed funding levels and sources included in this proposed budget. (2) If a state agency submits an amount different from that developed in subsection (1)(a) of this section as part of its biennial budget request, the partnership and state agency shall jointly identify the differences and the reasons for these differences and present this information to the office of financial management by October 1st of each even-numbered year. [2007 c 341 § 14.] 90.71.320 90.71.330 Funding from partnership—Accountability. (1) Any funding made available directly to the partnership from the Puget Sound recovery account created in RCW 90.71.400 and used by the partnership for loans, grants, or funding transfers to other entities shall be prioritized according to the action agenda developed pursuant to RCW 90.71.310. (2) The partnership shall condition, with interagency agreements, any grants or funding transfers to other entities from the Puget Sound recovery account to ensure accountability in the expenditure of the funds and to ensure that the funds are used by the recipient entity in the manner determined by the partnership to be the most consistent with the priorities of the action agenda. Any conditions placed on federal funding under this section shall incorporate and be consistent with requirements under signed agreements between the entity and the federal government. (3) If the partnership finds that the provided funding was not used as instructed in the interagency agreement, the partnership may suspend or further condition future funding to the recipient entity. (4) The partnership shall require any entity that receives funds for implementing the action agenda to publicly disclose and account for expenditure of those funds. [2007 c 341 § 15.] 90.71.330 90.71.340 Fiscal accountability—Fiscal incentives and disincentives for implementation of the action 90.71.340 (2008 Ed.) 90.71.350 agenda. (1) The legislature intends that fiscal incentives and disincentives be used as accountability measures designed to achieve consistency with the action agenda by: (a) Ensuring that projects and activities in conflict with the action agenda are not funded; (b) Aligning environmental investments with strategic priorities of the action agenda; and (c) Using state grant and loan programs to encourage consistency with the action agenda. (2) The council shall adopt measures to ensure that funds appropriated for implementation of the action agenda and identified by proviso or specifically referenced in the omnibus appropriations act pursuant to RCW 43.88.030(1)(g) are expended in a manner that will achieve the intended results. In developing such performance measures, the council shall establish criteria for the expenditure of the funds consistent with the responsibilities and timelines under the action agenda, and require reporting and tracking of funds expended. The council may adopt other measures, such as requiring interagency agreements regarding the expenditure of provisoed or specifically referenced Puget Sound funds. (3) The partnership shall work with other state agencies providing grant and loan funds or other financial assistance for projects and activities that impact the health of the Puget Sound ecosystem under chapters 43.155, 70.105D, 70.146, 77.85, 79.105, 79A.15, 89.08, and 90.50A RCW to, within the authorities of the programs, develop consistent funding criteria that prohibits funding projects and activities that are in conflict with the action agenda. (4) The partnership shall develop a process and criteria by which entities that consistently achieve outstanding progress in implementing the action agenda are designated as Puget Sound partners. State agencies shall work with the partnership to revise their grant, loan, or other financial assistance allocation criteria to create a preference for entities designated as Puget Sound partners for funds allocated to the Puget Sou nd basin, p ursuant to RC W 4 3.15 5.0 70, 70.10 5D.07 0, 70 .14 6.070, 77.85.130 , 79.105 .1 50, 79A.15.040, 89.08.520, and 90.50A.040. This process shall be developed on a timeline that takes into consideration state grant and loan funding cycles. (5) Any entity that receives state funds to implement actions required in the action agenda shall report biennially to the council on progress in completing the action and whether expected results have been achieved within the time frames specified in the action agenda. [2007 c 341 § 16.] 90.71.350 Accountability for achieving and implementing action agenda—Noncompliance. (1) The council is accountable for achieving the action agenda. The legislature intends that all governmental entities within Puget Sound will exercise their existing authorities to implement the applicable provisions of the action agenda. (2) The partnership shall involve the public and implementing entities to develop standards and processes by which the partnership will determine whether implementing entities are taking actions consistent with the action agenda and achieving the outcomes identified in the action agenda. Among these measures, the council may hold management conferences with implementing entities to review and assess performance in undertaking implementation strategies with a 90.71.350 [Title 90 RCW—page 143] 90.71.360 Title 90 RCW: Water Rights—Environment particular focus on compliance with and enforcement of existing laws. Where the council identifies an inconsistency with the action agenda, the council shall offer support and assistance to the entity with the objective of remedying the inconsistency. The results of the conferences shall be included in the state of the Sound report required under RCW 90.71.370. (3) In the event the council determines that an entity is in substantial noncompliance with the action agenda, it shall provide notice of this finding and supporting information to the entity. The council or executive director shall thereafter meet and confer with the entity to discuss the finding and, if appropriate, develop a corrective action plan. If no agreement is reached, the council shall hold a public meeting to present its findings and the proposed corrective action plan. If the entity is a state agency, the meeting shall include representatives of the governor’s office and office of financial management. If the entity is a local government, the meeting shall be held in the jurisdiction and electoral representatives from the jurisdictions shall be invited to attend. If, after this process, the council finds that substantial noncompliance continues, the council shall issue written findings and document its conclusions. The council may recommend to the governor that the entity be ineligible for state financial assistance until the substantial noncompliance is remedied. Instances of noncompliance shall be included in the state of the Sound report required under RCW 90.71.370. (4) The council shall provide a forum for addressing and resolving problems, conflicts, or a substantial lack of progress in a specific area that it has identified in the implementation of the action agenda, or that citizens or implementing entities bring to the council. The council may use conflict resolution mechanisms such as but not limited to, technical and financial assistance, facilitated discussions, and mediation to resolve the conflict. Where the parties and the council are unable to resolve the conflict, and the conflict significantly impairs the implementation of the action agenda, the council shall provide its analysis of the conflict and recommendations resolution to the governor, the legislature, and to those entities with jurisdictional authority to resolve the conflict. (5) When the council or an implementing entity identifies a statute, rule, ordinance or policy that conflicts with or is an impediment to the implementation of the action agenda, or identifies a deficiency in existing statutory authority to accomplish an element of the action agenda, the council shall review the matter with the implementing entities involved. The council shall evaluate the merits of the conflict, impediment, or deficiency, and make recommendations to the legislature, governor, agency, local government or other appropriate entity for addressing and resolving the conflict. (6) The council may make recommendations to the governor and appropriate committees of the senate and house of representatives for local or state administrative or legislative actions to address barriers it has identified to successfully implementing the action agenda. [2007 c 341 § 17.] 90.71.360 90.71.360 Limitations on authority. (1) The partnership shall not have regulatory authority nor authority to transfer the responsibility for, or implementation of, any state reg[Title 90 RCW—page 144] ulatory program, unless otherwise specifically authorized by the legislature. (2) The action agenda may not create a legally enforceable duty to review or approve permits, or to adopt plans or regulations. The action agenda may not authorize the adoption of rules under chapter 34.05 RCW creating a legally enforceable duty applicable to the review or approval of permits or to the adoption of plans or regulations. No action of the partnership may alter the forest practices rules adopted pursuant to chapter 76.09 RCW, or any associated habitat conservation plan. Any changes in forest practices identified by the processes established in this chapter as necessary to fully recover the health of Puget Sound by 2020 may only be realized through the processes established in RCW 76.09.370 and other designated processes established in Title 76 RCW. Nothing in this subsection or subsection (1) of this section limits the accountability provisions of this chapter. (3) Nothing in this chapter limits or alters the existing legal authority of local governments, nor does it create a legally enforceable duty upon local governments. When a local government proposes to take an action inconsistent with the action agenda, it shall inform the council and identify the reasons for taking the action. If a local government chooses to take an action inconsistent with the action agenda or chooses not to take action required by the action agenda, it will be subject to the accountability measures in this chapter which can be used at the discretion of the council. [2007 c 341 § 18.] 90.71.370 Report to the governor and legislature— State of the Sound report—Review of programs. (1) By December 1, 2008, and by September 1st of each even-numbered year beginning in 2010, the council shall provide to the governor and the appropriate fiscal committees of the senate and house of representatives its recommendations for the funding necessary to implement the action agenda in the succeeding biennium. The recommendations shall: (a) Identify the funding needed by action agenda element; (b) Address funding responsibilities among local, state, and federal governments, as well as nongovernmental funding; and (c) Address funding needed to support the work of the partnership, the panel, the ecosystem work group, and entities assisting in coordinating local efforts to implement the plan. (2) In the 2008 report required under subsection (1) of this section, the council shall include recommendations for projected funding needed through 2020 to implement the action agenda; funding needs for science panel staff; identify methods to secure stable and sufficient funding to meet these needs; and include proposals for new sources of funding to be dedicated to Puget Sound protection and recovery. In preparing the science panel staffing proposal, the council shall consult with the panel. (3) By November 1st of each odd-numbered year beginning in 2009, the council shall produce a state of the Sound report that includes, at a minimum: (a) An assessment of progress by state and nonstate entities in implementing the action agenda, including accomplishments in the use of state funds for action agenda implementation; 90.71.370 (2008 Ed.) Puget Sound Water Quality Protection (b) A description of actions by implementing entities that are inconsistent with the action agenda and steps taken to remedy the inconsistency; (c) The comments by the panel on progress in implementing the plan, as well as findings arising from the assessment and monitoring program; (d) A review of citizen concerns provided to the partnership and the disposition of those concerns; (e) A review of the expenditures of funds to state agencies for the implementation of programs affecting the protection and recovery of Puget Sound, and an assessment of whether the use of the funds is consistent with the action agenda; and (f) An identification of all funds provided to the partnership, and recommendations as to how future state expenditures for all entities, including the partnership, could better match the priorities of the action agenda. (4)(a) The council shall review state programs that fund facilities and activities that may contribute to action agenda implementation. By November 1, 2009, the council shall provide initial recommendations regarding program changes to the governor and appropriate fiscal and policy committees of the senate and house of representatives. By November 1, 2010, the council shall provide final recommendations regarding program changes, including proposed legislation to implement the recommendation, to the governor and appropriate fiscal and policy committees of the senate and house of representatives. (b) The review in this subsection shall be conducted with the active assistance and collaboration of the agencies administering these programs, and in consultation with local governments and other entities receiving funding from these programs: (i) The water quality account, chapter 70.146 RCW; (ii) The water pollution control revolving fund, chapter 90.50A RCW; (iii) The public works assistance account, chapter 43.155 RCW; (iv) The aquatic lands enhancement account, RCW 79.105.150; (v) The state toxics control account and local toxics control account and clean-up program, chapter 70.105D RCW; (vi) The acquisition of habitat conservation and outdoor recreation land, chapter 79A.15 RCW; (vii) The salmon recovery funding board, RCW 77.85.110 through 77.85.150; (viii) The community economic revitalization board, chapter 43.160 RCW; (ix) Other state financial assistance to water qualityrelated projects and activities; and (x) Water quality financial assistance from federal programs administered through state programs or provided directly to local governments in the Puget Sound basin. (c) The council’s review shall include but not be limited to: (i) Determining the level of funding and types of projects and activities funded through the programs that contribute to implementation of the action agenda; (ii) Evaluating the procedures and criteria in each program for determining which projects and activities to fund, (2008 Ed.) 90.71.400 and their relationship to the goals and priorities of the action agenda; (iii) Assessing methods for ensuring that the goals and priorities of the action agenda are given priority when program funding decisions are made regarding water qualityrelated projects and activities in the Puget Sound basin and habitat-related projects and activities in the Puget Sound basin; (iv) Modifying funding criteria so that projects, programs, and activities that are inconsistent with the action agenda are ineligible for funding; (v) Assessing ways to incorporate a strategic funding approach for the action agenda within the outcome-focused performance measures required by RCW 43.41.270 in administering natural resource-related and environmentally based grant and loan programs. [2008 c 329 § 927; 2007 c 341 § 19.] Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110. 90.71.380 Assessment of basin-wide restoration progress. By December 1, 2010, and subject to available funding, the Washington academy of sciences shall conduct an assessment of basin-wide restoration progress. The assessment shall include, but not be limited to, a determination of the extent to which implementation of the action agenda is making progress toward the action agenda goals, and a determination of whether the environmental indicators and benchmarks included in the action agenda accurately measure and reflect progress toward the action agenda goals. [2007 c 341 § 20.] 90.71.380 90.71.390 Performance audits of the partnership. (1) The joint legislative audit and review committee shall conduct two performance audits of the partnership, with the first audit to be completed by December 1, 2011, and the second to be completed by December 1, 2016. (2) The audit shall include but not be limited to: (a) A determination of the extent to which funds expended by the partnership or provided in biennial budget acts expressly for implementing the action agenda have contributed toward meeting the scientific benchmarks and the recovery goals of the action agenda; (b) A determination of the efficiency and effectiveness of the partnership’s oversight of action agenda implementation, based upon the achievement of the objectives as measured by the established environmental indicators and benchmarks; and (c) Any recommendations for improvements in the partnership’s performance and structure, and to provide accountability for action agenda results by action entities. (3) The partnership may use the audits as the basis for developing changes to the action agenda, and may submit any recommendations requiring legislative policy or budgetary action to the governor and to the appropriate committees of the senate and house of representatives. [2007 c 341 § 21.] 90.71.390 90.71.400 Puget Sound recovery account. The Puget Sound recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature 90.71.400 [Title 90 RCW—page 145] 90.71.904 Title 90 RCW: Water Rights—Environment directs or appropriates to the account. Federal grants, gifts, or other financial assistance received by the Puget Sound partnership and other state agencies from nonstate sources for the specific purpose of recovering Puget Sound may be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the protection and recovery of Puget Sound. [2007 c 341 § 23.] 90.71.904 90.71.904 Transfer of powers, duties, and functions—References to chair of the Puget Sound action team. (1) The Puget Sound action team is hereby abolished and its powers, duties, and functions are hereby transferred to the Puget Sound partnership as consistent with this chapter. All references to the chair or the Puget Sound action team in the Revised Code of Washington shall be construed to mean the executive director or the Puget Sound partnership. (2)(a) All employees of the Puget Sound action team are transferred to the jurisdiction of the Puget Sound partnership. (b) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Puget Sound action team shall be delivered to the custody of the Puget Sound partnership. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Puget Sound action team shall be made available to the Puget Sound partnership. All funds, credits, or other assets held by the Puget Sound action team shall be assigned to the Puget Sound partnership. (c) Any appropriations made to the Puget Sound action team shall, on July 1, 2007, be transferred and credited to the Puget Sound partnership. (d) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All rules and all pending business before the Puget Sound action team shall be continued and acted upon by the Puget Sound partnership. All existing contracts and obligations shall remain in full force and shall be performed by the Puget Sound partnership. (4) The transfer of the powers, duties, functions, and personnel of the Puget Sound action team shall not affect the validity of any act performed before July 1, 2007. (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law. [2007 c 341 § 41.] [Title 90 RCW—page 146] 90.71.905 Captions not law. Captions used in this chapter are not any part of the law. [2007 c 341 § 42.] 90.71.905 90.71.906 Severability—2007 c 341. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2007 c 341 § 69.] 90.71.906 90.71.907 Effective date—2007 c 341. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007. [2007 c 341 § 70.] 90.71.907 Chapter 90.72 Chapter 90.72 RCW SHELLFISH PROTECTION DISTRICTS Sections 90.72.020 90.72.030 90.72.040 90.72.045 90.72.060 90.72.065 90.72.070 90.72.080 90.72.900 90.72.905 Shellfish tidelands. Shellfish protection districts—Establishment—Governing body—Programs. Shellfish protection districts—Creation—Boundaries—Cooperation with governmental entities—Abolition—Referendum to repeal creation—Certain fees not permitted. Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report. Decisions addressing conflicting uses—Integration of the state environmental policy act and county ordinances and resolutions with programs. Plans to control pollution effects of animal waste—Contracts with conservation districts. Program financing—Activities not subject to fees, rates, or charges—Collection of charges or rates. State water quality financial assistance—Priority to counties with shellfish protection districts. Certain authority of counties not affected by chapter. Severability—1992 c 100. 90.72.020 Shellfish tidelands. For purposes of this chapter, "shellfish tidelands" means all saltwater tidelands on which shellfish are grown or harvested for human consumption. [1985 c 417 § 2.] 90.72.020 90.72.030 Shellfish protection districts—Establishment—Governing body—Programs. The legislative authority of each county having shellfish tidelands within its boundaries is authorized to establish a shellfish protection district to include areas in which nonpoint pollution threatens the water quality upon which the continuation or restoration of shellfish farming or harvesting is dependent. The legislative authority shall constitute the governing body of the district and shall adopt a shellfish protection program with elements and activities to be effective within the district. The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality over shellfish tidelands, including, but not limited to, requiring the elimination or decrease of contaminants in storm water runoff, establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure 90.72.030 (2008 Ed.) Shellfish Protection Districts management practices are consistent with best management practices, and establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution. The county legislative authority shall consult with the department of health, the department of ecology, the department of agriculture, or the conservation commission as appropriate as to the elements of the program. An element may be omitted where another program is effectively addressing those sources of nonpoint water pollution. Within the limits of RCW 90.72.040 and 90.72.070, the county legislative authority shall have full jurisdiction and authority to manage, regulate, and control its programs and to fix, alter, regulate, and control the fees for services provided and charges or rates as provided under those programs. Programs established under this chapter, may, but are not required to, be part of a system of sewerage as defined in RCW 36.94.010. [2008 c 250 § 1; 2007 c 150 § 1; 1992 c 100 § 2; 1985 c 417 § 3.] Findings—1992 c 100: "The legislature finds that shellfish harvesting is important to our economy and way of life. Washington state is an international leader in the cultivation and production of shellfish. However, large portions of the state’s productive recreational and commercial shellfish beds are closed to harvesting, and more are threatened, because of water pollution. The legislature finds that the problem of shellfish bed closures demands a public policy solution and that the state, local governments, and individuals must each take strong and swift action or this precious resource will be lost. It is the goal of the legislature to prevent further closures of recreational and commercial shellfish beds, to restore water quality in saltwater tidelands to allow the reopening of at least one restricted or closed shellfish bed each year, and to ensure Washington state’s commanding international position in shellfish production. The legislature finds that failing on-site sewage systems and animal waste are the two most significant causes of shellfish bed closures over the past decade. Remedial actions at the local level are required to effectively address these problems. The legislature finds that existing entities, including conservation districts and local health departments, should be used by counties to address the water quality problems affecting the recreational and commercial shellfish harvest. The legislature finds that local action in each watershed where shellfish are harvested is required to protect this vital resource. The legislature hereby encourages all counties having saltwater tidelands within their boundaries to establish shellfish protection districts and programs designed to prevent any further degradation and contamination and to allow for restoration and reopening of closed shellfish growing areas." [1992 c 100 § 1.] 90.72.040 Shellfish protection districts—Creation— Boundaries—Cooperation with governmental entities— Abolition—Referendum to repeal creation—Certain fees not permitted. (1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting. The boundaries of the district shall be determined by the legislative authority. The legislative authority may create more than one district. A district may include any area or areas within the county, whether incorporated or unincorporated. Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs. Where a portion of the proposed district lies within an incorporated area, the county shall develop procedures for the participation of the city or town in the determination of the boundaries of the district and the administration of the district, including funding of the dis90.72.040 (2008 Ed.) 90.72.045 trict’s programs. The legislative authority of more than one county may by agreement provide for the creation of a district including areas within each of those counties. County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish growing areas, especially where shellfish growing areas are located within the boundaries of more than one county. The legislative authority or authorities creating a district may abolish a shellfish protection district on its or their own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting. (2) If the county legislative authority creates a shellfish protection district by its own motion, any registered voter residing within the boundaries of the shellfish protection district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to repeal the ordinance creating the shellfish protection district shall be filed with the county auditor within seven days of passage of the ordinance. Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in creation of the shellfish protection district and a negative answer to the question and a negative vote on the measure results in the shellfish protection district not being created. The petitioner shall be notified of the identification number and ballot title within this ten-day period. After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the shellfish protection district and file the signed petitions with the county auditor. Each petition form shall contain the ballot title and full text of the measure to be referred. The county auditor shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the shellfish protection district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor. The special election may be conducted by mail ballot as provided for in *chapter 29.36 RCW. (3) The county legislative authority shall not impose fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are imposed under chapter 36.89 or 36.94 RCW for substantially the same programs and services. [1997 c 447 § 20; 1992 c 100 § 3; 1985 c 417 § 4.] *Reviser’s note: Chapter 29.36 RCW was recodified as chapter 29A.40 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004. Finding—Purpose—1997 c 447: See note following RCW 70.05.074. Findings—1992 c 100: See note following RCW 90.72.030. 90.72.045 Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report. The county legislative authority shall create a shellfish protection district and establish a shellfish protection program developed under RCW 90.72.030 or an equivalent program to address the causes or 90.72.045 [Title 90 RCW—page 147] 90.72.060 Title 90 RCW: Water Rights—Environment suspected causes of pollution within one hundred eighty days after the department of health, because of water quality degradation due to ongoing nonpoint sources of pollution has closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county. The county legislative authority shall initiate implementation of the shellfish protection program within sixty days after it is established. A copy of the program must be provided to the departments of health, ecology, and agriculture. An agency that has regulatory authority for any of the sources of nonpoint pollution covered by the program shall cooperate with the county in its implementation. The county legislative authority shall submit a written report to the department of health annually that describes the status and progress of the program. If rates or fees are collected under RCW 90.72.070 for implementation of the shellfish protection district program, the annual report shall provide sufficient detail of the expenditure of the revenue collected to ensure compliance with RCW 90.72.070. [2008 c 250 § 2; 2007 c 150 § 2; 1992 c 100 § 4.] Findings—1992 c 100: See note following RCW 90.72.030. year. Facilities permitted and assessed fees for wastewater discharge under the national pollutant discharge elimination system shall not be subject to fees, rates, or charges for wastewater discharge by a shellfish protection district. Lands classified as forest land under chapter 84.33 RCW and timber land under chapter 84.34 RCW shall not be subject to fees, rates, or charges by a shellfish protection district. Counties may collect charges or rates in the manner determined by the county legislative authority. [2008 c 250 § 3; 1992 c 100 § 6; 1985 c 417 § 7.] Findings—1992 c 100: See note following RCW 90.72.030. 90.72.080 State water quality financial assistance— Priority to counties with shellfish protection districts. Counties that have formed shellfish protection districts shall receive high priority for state water quality financial assistance to implement shellfish protection programs, including grants and loans provided under chapters 43.99F, 70.146, and 90.50A RCW. [1992 c 100 § 7.] 90.72.080 Findings—1992 c 100: See note following RCW 90.72.030. 90.72.900 Certain authority of counties not affected by chapter. This chapter shall not be considered as diminishing or affecting the authority of a county to adopt and enforce programs or controls, within all or a portion of the county, to deal with nonpoint pollution. [1985 c 417 § 8.] 90.72.900 90.72.060 Decisions addressing conflicting uses— Integration of the state environmental policy act and county ordinances and resolutions with programs. Whenever a governmental entity makes a decision which addresses a matter in which there is a conflict between (1) on the one hand, a proposed development, proposed change in land use controls, or proposed change in the provision of utility services; and (2) on the other hand, the long-term use of an area for the growing or harvesting of shellfish, which area is within the boundaries of a shellfish protection district, then the governmental entity making the decision must observe the requirements of chapter 43.21C RCW and county ordinances or resolutions integrating the state environmental policy act of 1971 into the various programs under county jurisdiction. [1985 c 417 § 6.] 90.72.060 90.72.065 Plans to control pollution effects of animal waste—Contracts with conservation districts. Within available funding and as specified in the shellfish protection program, counties creating shellfish protection districts shall contract with conservation districts to draft plans with landowners to control pollution effects of animal waste. [1992 c 100 § 5.] 90.72.065 Findings—1992 c 100: See note following RCW 90.72.030. 90.72.070 Program financing—Activities not subject to fees, rates, or charges—Collection of charges or rates. The county legislative authority establishing a shellfish protection district may finance the protection program through (1) county tax revenues, (2) reasonable inspection fees and similar fees for services provided, (3) reasonable charges or rates specified in its protection program, or (4) federal, state, or private grants. A dairy animal feeding operation with a certified dairy nutrient management plan as required in chapter 90.64 RCW and any other commercial agricultural operation on agricultural lands as defined in RCW 36.70A.030 shall be subject to fees, rates, or charges by a shellfish protection district of no more than five hundred dollars in a calendar 90.72.070 [Title 90 RCW—page 148] 90.72.905 Severability—1992 c 100. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1992 c 100 § 10.] 90.72.905 Chapter 90.74 Chapter 90.74 RCW AQUATIC RESOURCES MITIGATION Sections 90.74.005 90.74.010 90.74.020 90.74.030 Findings—Intent. Definitions. Mitigation plans. Regulatory decisions, guidance—Multiple requests for review of mitigation plans. 90.74.005 Findings—Intent. (1) The legislature finds 90.74.005 that: (a) The state lacks a clear policy relating to the mitigation of wetlands and aquatic habitat for infrastructure development; (b) Regulatory agencies have generally required project proponents to use compensatory mitigation only at the site of the project’s impacts and to mitigate narrowly for the habitat or biological functions impacted by a project; (c) This practice of considering traditional on-site, inkind mitigation may provide fewer environmental benefits when compared to innovative mitigation proposals that provide benefits in advance of a project’s planned impacts and that restore functions or habitat other than those impacted at a project site; and (d) Regulatory decisions on development proposals that attempt to incorporate innovative mitigation measures take (2008 Ed.) Aquatic Resources Mitigation an unreasonably long period of time and are subject to a great deal of uncertainty and additional expenses. (2) The legislature therefore declares that it is the policy of the state to authorize innovative mitigation measures by requiring state regulatory agencies to consider mitigation proposals for infrastructure projects that are timed, designed, and located in a manner to provide equal or better biological functions and values compared to traditional on-site, in-kind mitigation proposals. (3) It is the intent of the legislature to authorize local governments to accommodate the goals of this chapter. It is not the intent of the legislature to: (a) Restrict the ability of a project proponent to pursue project specific mitigation; or (b) create any new authority for regulating wetlands or aquatic habitat beyond what is specifically provided for in this chapter. [1997 c 424 § 1.] 90.74.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Mitigation" means sequentially avoiding impacts, minimizing impacts, or compensating for remaining unavoidable impacts. (2) "Compensatory mitigation" means the restoration, creation, enhancement, or preservation of uplands, wetlands, or other aquatic resources for the purposes of compensating for unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved. "Compensatory mitigation" includes mitigation that: (a) Occurs at the same time as, or in advance of, a project’s planned environmental impacts; (b) Is located in a site either on, near, or distant from the project’s impacts; and (c) Provides either the same or different biological functions and values as the functions and values impacted by the project. (3) "Infrastructure development" means an action that is critical for the maintenance or expansion of an existing infrastructure feature such as a highway, rail line, airport, marine terminal, utility corridor, harbor area, or hydroelectric facility and is consistent with an approved land use planning process. This planning process may include the growth management act, chapter 36.70A RCW, or the shoreline management act, chapter 90.58 RCW, in areas covered by those chapters. (4) "Mitigation plan" means a document or set of documents developed through joint discussions between a project proponent and environmental regulatory agencies that describe the unavoidable wetland or aquatic resource impacts of the proposed infrastructure development and the proposed compensatory mitigation for those impacts. (5) "Project proponent" means a public or private entity responsible for preparing a mitigation plan. (6) "Watershed" means an area identified as a state of Washington water resource inventory area under WAC 173500-040 as it exists on July 27, 1997. [1997 c 424 § 2.] 90.74.010 90.74.020 Mitigation plans. (1) Project proponents may use a mitigation plan to propose compensatory mitigation within a watershed. A mitigation plan shall: 90.74.020 (2008 Ed.) 90.74.030 (a) Contain provisions that guarantee the long-term viability of the created, restored, enhanced, or preserved habitat, including assurances for protecting any essential biological functions and values defined in the mitigation plan; (b) Contain provisions for long-term monitoring of any created, restored, or enhanced mitigation site; and (c) Be consistent with the local comprehensive land use plan and any other applicable planning process in effect for the development area, such as an adopted subbasin or watershed plan. (2) The departments of ecology and fish and wildlife may not limit the scope of options in a mitigation plan to areas on or near the project site, or to habitat types of the same type as contained on the project site. The departments of ecology and fish and wildlife shall fully review and give due consideration to compensatory mitigation proposals that improve the overall biological functions and values of the watershed or bay and accommodate the mitigation needs of infrastructure development. The departments of ecology and fish and wildlife are not required to grant approval to a mitigation plan that the departments find does not provide equal or better biological functions and values within the watershed or bay. (3) When making a permit or other regulatory decision under the guidance of this chapter, the departments of ecology and fish and wildlife shall consider whether the mitigation plan provides equal or better biological functions and values, compared to the existing conditions, for the target resources or species identified in the mitigation plan. This consideration shall be based upon the following factors: (a) The relative value of the mitigation for the target resources, in terms of the quality and quantity of biological functions and values provided; (b) The compatibility of the proposal with the intent of broader resource management and habitat management objectives and plans, such as existing resource management plans, watershed plans, critical areas ordinances, and shoreline master programs; (c) The ability of the mitigation to address scarce functions or values within a watershed; (d) The benefits of the proposal to broader watershed landscape, including the benefits of connecting various habitat units or providing population-limiting habitats or functions for target species; (e) The benefits of early implementation of habitat mitigation for projects that provide compensatory mitigation in advance of the project’s planned impacts; and (f) The significance of any negative impacts to nontarget species or resources. (4) A mitigation plan may be approved through a memorandum of agreement between the project proponent and either the department of ecology or the department of fish and wildlife, or both. [1997 c 424 § 3.] 90.74.030 Regulatory decisions, guidance—Multiple requests for review of mitigation plans. (1) In making regulatory decisions relating to wetland or aquatic resource mitigation, the departments of ecology and fish and wildlife shall, at the request of the project proponent, follow the guidance of RCW 90.74.005 through 90.74.020. 90.74.030 [Title 90 RCW—page 149] Chapter 90.76 Title 90 RCW: Water Rights—Environment (2) If the department of ecology or the department of fish and wildlife receives multiple requests for review of mitigation plans, each department may schedule its review of these proposals to conform to available budgetary resources. [1997 c 424 § 4.] Chapter 90.76 Chapter 90.76 RCW UNDERGROUND STORAGE TANKS Sections 90.76.005 90.76.010 90.76.020 90.76.040 90.76.050 90.76.060 90.76.070 90.76.080 90.76.090 90.76.100 90.76.110 90.76.900 90.76.901 90.76.902 Findings—Intent. Definitions. Department’s powers and duties—Rule-making authority. Environmentally sensitive areas. Delivery of regulated substances. Investigation and access. Enforcement. Penalties. Annual tank fee. Underground storage tank account. Preemption. Captions not law. Severability—1989 c 346. Effective date—1989 c 346. Reviser’s note—Sunset Act application: The underground storage tank program is subject to review, termination, and possible extension under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.393. RCW 90.76.005 through 90.76.120 and 90.76.900 through 90.76.902 are scheduled for future repeal under RCW 43.131.394. 90.76.005 Findings—Intent. The legislature finds that leaking underground storage tanks containing petroleum and other regulated substances pose a serious threat to human health and the environment. To address this threat, the legislature intends for the department of ecology to establish an underground storage tank program designed, operated, and enforced in a manner that, at a minimum, meets the requirements for delegation of the federal underground storage tank program of the resource conservation and recovery act of 1976, as amended (42 U.S.C. Sec. 6901, et seq.). The legislature intends that statewide requirements for underground storage tanks adopted by the department be consistent with and no less stringent than the requirements in the federal regulations and the underground storage tank compliance act of 2005 (42 U.S.C. Sec. 15801 et seq., energy policy act of 2005, P.L. 109-58, Title XV, subtitle B). The legislature further finds that certain areas of the state possess physical characteristics that make them especially vulnerable to threats from leaking underground storage tanks and that in these environmentally sensitive areas, local requirements more stringent than the statewide requirements may apply. [2007 c 147 § 1; 1989 c 346 § 1.] 90.76.005 Sunset Act application: See note following chapter digest. 90.76.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of ecology. (2) "Director" means the director of the department. (3) "Facility compliance tag" means a marker, constructed of metal, plastic, or other durable material, that clearly identifies all qualifying underground storage tanks on the particular site for which it is issued. 90.76.010 [Title 90 RCW—page 150] (4) "Federal act" means the federal resource conservation and recovery act, as amended (42 U.S.C. Sec. 6901, et seq.). (5) "Federal regulations" means the underground storage tanks regulations (40 C.F.R. Secs. 280 and 281) adopted by the United States environmental protection agency under the federal act. (6) "License" means the master business license underground storage tank endorsement issued by the department of licensing. (7) "Underground storage tank compliance act of 2005" means Title XV and subtitle B of P.L. 109-58 (42 U.S.C. Sec. 15801 et seq.) which have amended the federal resource conservation and recovery act’s subtitle I. (8) "Underground storage tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. Except as provided in this section and any rules adopted by the department under this chapter, the definitions contained in the federal regulations apply to the terms in this chapter. [2007 c 147 § 2; 1998 c 155 § 1; 1989 c 346 § 2.] Sunset Act application: See note following chapter digest. 90.76.020 Department’s powers and duties—Rulemaking authority. (1) The department shall adopt rules establishing requirements for all underground storage tanks that are regulated under the federal act, taking into account the various classes or categories of tanks to be regulated. The rules must be consistent with and no less stringent than the federal regulations and the underground storage tank compliance act of 2005 and consist of requirements for the following: (a) New underground storage tank system design, construction, installation, and notification; (b) Upgrading existing underground storage tank systems; (c) General operating requirements; (d) Release detection; (e) Release reporting; (f) Out-of-service underground storage tank systems and closure; (g) Financial responsibility for underground storage tanks containing regulated substances; and (h) Groundwater protection measures, including secondary containment and monitoring for installation or replacement of all underground storage tank systems or components, such as tanks and piping, installed after July 1, 2007, and under dispenser spill containment for installation or replacement of all dispenser systems installed after July 1, 2007. (2) The department shall adopt rules: (a) Establishing physical site criteria to be used in designating local environmentally sensitive areas; (b) Establishing procedures for local government application for this designation; and (c) Establishing procedures for local government adoption and department approval of rules more stringent than the statewide standards in these designated areas. (3) The department shall establish by rule an administrative and enforcement program that is consistent with and no 90.76.020 (2008 Ed.) Underground Storage Tanks less stringent than the program required under the federal regulations in the areas of: (a) Compliance monitoring, including procedures for recordkeeping and a program for systematic inspections; (b) Enforcement; (c) Public participation; (d) Information sharing; (e) Owner and operator training; and (f) Delivery prohibition for underground storage tank systems or facilities that are determined by the department to be ineligible to receive regulated substances. (4) The department shall establish a program that provides for the annual licensing of underground storage tanks. The license shall take the form of a tank endorsement on the facility’s annual master business license issued by the department of licensing. A tank is not eligible for a license unless the owner or operator can demonstrate compliance with the requirements of this chapter and the annual tank fees have been remitted. The department may revoke a tank license if a facility is not in compliance with this chapter, or any rules adopted under this chapter. The master business license shall be displayed by the tank owner or operator in a location clearly identifiable. (5)(a) The department shall issue a one-time "facility compliance tag" to underground storage tank facilities that have installed the equipment required to meet corrosion protection, spill prevention, overfill prevention, leak detection standards, have demonstrated financial responsibility, and have paid annual tank fees. The facility shall continue to maintain compliance with corrosion protection, spill prevention, overfill prevention[,] and leak detection standards, financial responsibility, and have remitted annual tank fees to display a facility compliance tag. The facility compliance tag shall be displayed on or near the fire emergency shutoff device, or in the absence of such a device in close proximity to the fill pipes and clearly identifiable to persons delivering regulated substance to underground storage tanks. (b) The department may revoke a facility compliance tag if a facility is not in compliance with the requirements of this chapter, or any rules adopted under this chapter. (6) The department may place a red tag on a tank at a facility if the department determines that the owner or operator is not in compliance with this chapter or the rules adopted under this chapter regarding the compliance requirements related to that tank. Removal of a red tag without authorization from the department is a violation of this chapter. (7) The department may establish programs to certify persons who install or decommission underground storage tank systems or conduct inspections, testing, closure, cathodic protection, interior tank lining, corrective action, site assessments, or other activities required under this chapter. Certification programs shall be designed to ensure that each certification will be effective in all jurisdictions of the state. (8) When adopting rules under this chapter, the department shall consult with the state building code council to ensure coordination with the building and fire codes adopted under chapter 19.27 RCW. [2007 c 147 § 3; 1998 c 155 § 2; 1989 c 346 § 3.] Sunset Act application: See note following chapter digest. (2008 Ed.) 90.76.050 90.76.040 Environmentally sensitive areas. (1) A city, town, or county may apply to the department to have an area within its jurisdictional boundaries designated an environmentally sensitive area. A city, town, or county may submit a joint application with any other city, town, or county for joint administration under chapter 39.34 RCW of a single environmentally sensitive area located in both jurisdictions. (2) A city, town, or county may adopt proposed ordinances or resolutions establishing requirements for underground storage tanks located within an environmentally sensitive area that are more stringent than the statewide standards established under RCW 90.76.020. Proposed local ordinances and resolutions shall only apply to new underground storage tank installations. The local government adopting the ordinances and resolutions shall submit them to the department for approval. Disapproved ordinances and resolutions may be modified and resubmitted to the department for approval. Proposed local ordinances and resolutions become effective when approved by the department. (3) The department shall approve or disapprove each proposed local ordinance or resolution based on the following criteria: (a) The area to be regulated is found to be an environmentally sensitive area based on rules adopted by the department; and (b) The proposed local regulations are reasonably consistent with previously approved local regulations for similar environmentally sensitive areas. (4) A city, town, or county for which a proposed local ordinance or resolution establishing more stringent requirements is approved by the department may establish local tank fees that meet the requirements of RCW 90.76.090, if such fees are necessary for enhanced program administration or enforcement. [1998 c 155 § 3; 1989 c 346 § 5.] 90.76.040 Sunset Act application: See note following chapter digest. 90.76.050 Delivery of regulated substances. (1) A person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to underground storage tanks or facilities that do not have a facility compliance tag displayed as required in RCW 90.76.020(5)(a). Additionally, a person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW 90.76.020(6). (2) An owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to that underground storage tank system or facility, if the system does not have a facility compliance tag displayed as required in RCW 90.76.020(5)(a). Additionally, an owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW 90.76.020(6). (3) A supplier shall not refuse to deliver regulated substances to an underground storage tank regulated under this chapter on the basis of its potential to leak contents where the facility displays a valid facility compliance tag as required in this chapter, and the department has not placed a red tag on 90.76.050 [Title 90 RCW—page 151] 90.76.060 Title 90 RCW: Water Rights—Environment the underground storage tank. This section does not apply to a supplier who does not directly transfer a regulated substance into an underground storage tank. [2007 c 147 § 4; 1998 c 155 § 4; 1989 c 346 § 6.] Sunset Act application: See note following chapter digest. 90.76.060 Investigation and access. (1) If necessary to determine compliance with the requirements of this chapter, an authorized representative of the state engaged in compliance inspections, monitoring, and testing may, by request, require an owner or operator to submit relevant information or documents. The department may subpoena witnesses, documents, and other relevant information that the department deems necessary. In the case of any refusal to obey the subpoena, the superior court for any county in which the person is found, resides, or transacts business has jurisdiction to issue an order requiring the person to appear before the department and give testimony or produce documents. Any failure to obey the order of the court may be punished by the court as contempt. (2) Any authorized representative of the state may require an owner or operator to conduct monitoring or testing. (3) Upon reasonable notice, an authorized representative of the state may enter a premises or site subject to regulation under this chapter or in which records relevant to the operation of an underground storage tank system are kept. In the event of an emergency or in circumstances where notice would undermine the effectiveness of an inspection, notice is not required. The authorized representative may copy these records, obtain samples of regulated substances, and inspect or conduct monitoring or testing of an underground storage tank system. (4) For purposes of this section, the term "authorized representative" or "authorized representative of the state" means an enforcement officer, employee, or representative of the department. [1998 c 155 § 5; 1989 c 346 § 7.] 90.76.060 Sunset Act application: See note following chapter digest. 90.76.070 Enforcement. The director may seek appropriate injunctive or other judicial relief by filing an action in Thurston county superior court or issue such order as the director deems appropriate to: (1) Enjoin any threatened or continuing violation of this chapter or rules adopted under this chapter; (2) Restrain immediately and effectively a person from engaging in unauthorized activity that results in a violation of any requirement of this chapter or rules adopted under this chapter and is endangering or causing damage to public health or the environment; (3) Require compliance with requests for information, access, testing, or monitoring under RCW 90.76.060; or (4) Assess and recover civil penalties authorized under RCW 90.76.080. [2007 c 147 § 5; 1989 c 346 § 8.] 90.76.070 Sunset Act application: See note following chapter digest. 90.76.080 Penalties. (1) A person who fails to notify the department pursuant to tank notification requirements or who submits false information is subject to a civil penalty not to exceed five thousand dollars per violation. 90.76.080 [Title 90 RCW—page 152] (2) A person who violates this chapter or rules adopted under this chapter is subject to a civil penalty not to exceed five thousand dollars for each tank per day of violation. (3) A person incurring a penalty under this chapter or rules adopted under this chapter may apply to the department in writing for the remission or mitigation of the penalty as set out in RCW 43.21B.300. A person also may appeal a penalty directly to the pollution control hearings board in accordance with RCW 43.21B.300. [2007 c 147 § 6; 1995 c 403 § 639; 1989 c 346 § 9.] Sunset Act application: See note following chapter digest. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 90.76.090 Annual tank fee. (1) An annual tank fee of one hundred twenty dollars per tank is effective July 1, 2007, to June 30, 2008. An annual tank fee of one hundred forty dollars per tank is effective from July 1, 2008, to June 30, 2009. Effective July 1, 2009, the annual tank fee will increase up to one hundred sixty dollars per tank unless the department has received sufficient additional federal grant funding to offset the increased cost of implementation of the underground storage tank compliance act of 2005 (Title XV, Subtitle B of the energy policy act of 2005). Annually, beginning on July 1, 2010, and upon a finding by the department that a fee increase is necessary, the previous tank fee amount may be increased up to the fiscal growth factor for the next year. The fiscal growth factor is calculated by the office of financial management under RCW 43.135.025 for the upcoming biennium. The department shall use the fiscal growth factor to calculate the fee for the next year and shall publish the new fee by March 1st before the year for which the new fee is effective. The new tank fee is effective from July 1st to June 30th of every year. The tank fee shall be paid by every person who: (a) Owns an underground storage tank located in this state; and (b) Was required to provide notification to the department under the federal act. This fee is not required of persons who have (i) permanently closed their tanks, and (ii) if required, have completed corrective action in accordance with the rules adopted under this chapter. (2) The department may authorize the imposition of additional annual local tank fees in environmentally sensitive areas designated under RCW 90.76.040. Annual local tank fees may not exceed fifty percent of the annual state tank fee. (3) State and local tank fees collected under this section shall be deposited in the account established under RCW 90.76.100. (4) Other than the annual local tank fee authorized for environmentally sensitive areas, no local government may levy an annual tank fee on the ownership or operation of an underground storage tank. [2007 c 147 § 7; 1998 c 155 § 6; 1989 c 346 § 10.] 90.76.090 Sunset Act application: See note following chapter digest. 90.76.100 Underground storage tank account. The underground storage tank account is created in the state trea90.76.100 (2008 Ed.) Water Conservancy Boards sury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall contain: (1) All fees collected under RCW 90.76.090; and (2) All fines or penalties collected under RCW 90.76.080. [1991 sp.s. c 13 § 72; 1989 c 346 § 11.] Sunset Act application: See note following chapter digest. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 90.76.110 Preemption. (1) Except as provided in RCW 90.76.040 and subsections (2), (3), (4), and (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the rules adopted under this chapter. (2) Provisions of the international fire code adopted under chapter 19.27 RCW, which are not more stringent than, and do not directly conflict with, rules adopted under this chapter are not superseded or preempted. (3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted. (4) City, town, or county underground storage tank ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter 19.27 RCW and that were in effect on or before November 1, 1988, are not superseded or preempted. (5) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of underground storage tanks in street right-of-ways that were in existence prior to July 1, 1990, are not superseded or preempted. [2007 c 147 § 8; 1991 c 83 § 1; 1989 c 346 § 12.] 90.76.110 Sunset Act application: See note following chapter digest. 90.76.900 Captions not law. Section headings used in this chapter do not constitute any part of the law. [1989 c 346 § 15.] 90.76.900 Sunset Act application: See note following chapter digest. Chapter 90.80 90.80.010 Chapter 90.80 RCW WATER CONSERVANCY BOARDS Sections 90.80.005 90.80.010 90.80.020 90.80.030 90.80.035 90.80.040 90.80.050 90.80.055 90.80.057 90.80.060 90.80.065 90.80.070 90.80.080 90.80.090 90.80.100 90.80.110 90.80.120 90.80.130 90.80.135 90.80.140 90.80.150 90.80.900 90.80.901 Findings. Definitions. Water conservancy boards—Creation. Petition for board creation—Required information—Approval or denial—Description of training requirements. Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation. Rules—Minimum training requirements and continuing education. Corporate powers—Board composition—Members’ terms, expenses—Alternates—Eligibility to be appointed. Additional board powers. Quorum. Board powers—Funding. Dissolution of board. Applications for water transfers—Notice—Record of decision—Review—Alternate serving as commissioner. Records of decision—Transmittal to department and others— Internet posting—Review. Appeals from director’s decisions. Damages arising from records of decisions on transfers— Immunity. Approval of interties. Conflicts of interest. Application of open public meetings act. Application of public records act. Transfers approved under chapter 90.03 or 90.44 RCW not affected. Reports to legislative committees. Severability—1997 c 441. Reports to the legislature. 90.80.005 Findings. The legislature finds: (1) Voluntary water right transfers can reallocate water use in a manner that will result in more efficient use of water resources; (2) Voluntary water right transfers can help alleviate water shortages, save capital outlays, reduce development costs, and provide an incentive for investment in water conservation efforts by water right holders; and (3) The state should expedite the administrative process for water right transfers by authorizing the establishment of water conservancy boards. [2001 c 237 § 6; 1997 c 441 § 1.] 90.80.005 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.76.901 Severability—1989 c 346. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 346 § 14.] 90.76.901 Sunset Act application: See note following chapter digest. 90.76.902 Effective date—1989 c 346. (1) Except as provided in subsection (2) of this section, RCW 90.76.050, 90.76.110, and 19.27.080 take effect on July 1, 1990. (2) This section shall apply only if this act becomes effective as provided under *section 20(2) of this act. [1989 c 346 § 18.] 90.76.902 *Reviser’s note: Section 20(2) is an uncodified section that made a state reinsurance program for owners and operators of underground storage tanks a prerequisite to 1989 c 346 taking effect. 1989 c 383 created such a program. Sunset Act application: See note following chapter digest. (2008 Ed.) 90.80.010 Definitions. The following definitions apply throughout this chapter, unless the context clearly requires otherwise. (1) "Alternate" means an individual: (a) Who is appointed by the county legislative authority or authorities under RCW 90.80.050(3); (b) who is trained under the requirements of RCW 90.80.040; and (c) who, while serving as a replacement for an absent or recused commissioner: (i) May serve and vote as a commissioner; (ii) is subject to any requirement applicable to a commissioner; and (iii) counts toward a quorum. (2) "Board" means a water conservancy board created under this chapter. (3) "Commissioner" means an individual who is appointed by the county legislative authority or authorities as a member of a water conservancy board under RCW 90.80.050(1), or an alternate appointed under RCW 90.80.010 [Title 90 RCW—page 153] 90.80.020 Title 90 RCW: Water Rights—Environment 90.80.050(3) while serving as a replacement for an absent or recused commissioner. (4) "Department" means the department of ecology. (5) "Director" means the director of the department of ecology. (6) "Record of decision" means the conclusion reached by a water conservancy board regarding an application for a transfer filed with the board. (7) "Transfer" means a transfer, change, amendment, or other alteration of a part or all of a water right authorized under RCW 90.03.380, 90.03.390, or 90.44.100. [2004 c 10 § 1; 2001 c 237 § 7; 1997 c 441 § 2.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.020 Water conservancy boards—Creation. (1) The county legislative authority of a county may create a water conservancy board, subject to approval by the director, for the purpose of expediting voluntary water transfers within the county. (2) A water conservancy board may be initiated by: (a) A resolution of the county legislative authority; (b) a resolution presented to the county legislative authority calling for the creation of a board by the legislative authority of an irrigation district, public utility district that operates a public water system, a reclamation district, a city operating a public water system, or a water-sewer district that operates a public water system; (c) a resolution by the governing body of a cooperative or mutual corporation that operates a public water system serving one hundred or more accounts; (d) a petition signed by five or more water rights holders, including their addresses, who divert water for use within the county; or (e) any combination of (a) through (d) of this subsection. The resolution or petition must state the need for the board, include proposed bylaws or rules and procedures that will govern the operation of the board, identify the geographic boundaries where there is an initial interest in transacting water sales or transfers, and describe the proposed method for funding the operation of the board. (3) After receiving a resolution or petition to create a board, a county legislative authority shall determine its sufficiency. If the county legislative authority finds that the resolution or petition is sufficient, or if the county is initiating the creation of a board upon its own motion, it shall hold at least one public hearing on the proposed creation of the board. Notice of the hearing shall be published at least once in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. The notice shall describe the time, date, place, and purpose of the hearing, as well as the purpose of the board. Following the hearing, the county legislative authority may adopt a resolution approving the creation of the board if it finds that the board’s creation is in the public interest. [1997 c 441 § 3.] 90.80.020 90.80.030 Petition for board creation—Required information—Approval or denial—Description of training requirements. (1) The county legislative authority shall forward a copy of the resolution or petition calling for the creation of the board, a copy of the resolution approving the 90.80.030 [Title 90 RCW—page 154] creation of the board, and a summary of the public testimony presented at the public hearing to the director following the adoption of the resolution calling for the board’s creation. (2) The director shall approve or deny the creation of a board within forty-five days after the county legislative authority has submitted all information required under subsection (1) of this section. The director must determine whether the creation of the board would further the purposes of this chapter and is in the public interest. The director shall include a description of the necessary training requirements for commissioners in the notice of approval sent to the county legislative authority. [1997 c 441 § 4.] 90.80.035 90.80.035 Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation. (1) If a county is the only county having lands comprising a water resource inventory area as defined in chapter 173-500 WAC, the county may elect to establish a water conservancy board for the water resource inventory area, rather than for the entire county. (2) Counties having lands within a water resource inventory area may jointly petition the department for establishment of a water conservancy board for the water resource inventory area. Counties may jointly petition the department to establish boards serving multiple counties or one or more water resource inventory areas. For any of these multicounty options, the counties must reach their joint determination on the decision to file the petition, on the proposed bylaws, and on other matters relating to the establishment and operation of the board in accordance with the provisions of this chapter and chapter 39.34 RCW, the interlocal cooperation act. Each county must meet the requirements of RCW 90.80.020(2). The counties must jointly determine the sufficiency of a petition under RCW 90.80.020(3) and each county legislative authority must hold a hearing in its county. (3) If establishment of a multicounty water conservancy board under any of the options provided in subsection (2) of this section is approved by the department, the counties must jointly appoint the board commissioners and jointly appoint members to fill vacancies as they occur, and may jointly appoint alternates in accordance with the provisions of this chapter and chapter 39.34 RCW. (4) A board established for more than one county or for one or more water resource inventory areas has the same powers as other boards established under this chapter. The board has no jurisdiction outside the boundaries of the water resource inventory area or areas or the county or counties, as applicable, for which it has been established, except as provided in this chapter. (5) The counties establishing a board for a multiple county area must designate a lead county for purposes of providing a single point of contact for communications with the department. The lead county shall forward the information required in RCW 90.80.030(1) for each county. [2004 c 10 § 2; 2001 c 237 § 8.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. (2008 Ed.) Water Conservancy Boards 90.80.040 Rules—Minimum training requirements and continuing education. The director of the department may, as deemed necessary by the director, adopt rules in accordance with chapter 34.05 RCW necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners. Training courses for commissioners shall include an overview of state water law and hydrology. Prior to commissioners taking action on proposed water right transfers, the commissioners shall comply with training requirements that include state water law and hydrology. [1997 c 441 § 5.] 90.80.040 90.80.050 Corporate powers—Board composition— Members’ terms, expenses—Alternates—Eligibility to be appointed. (1) A water conservancy board constitutes a public body corporate and politic and a separate unit of local government in the state. Each board shall consist of three commissioners appointed by the county legislative authority or authorities as applicable for six-year terms. The county legislative authority or authorities shall stagger the initial appointment of commissioners so that the first commissioners who are appointed shall serve terms of two, four, and six years, respectively, from the date of their appointment. The county legislative authority or authorities may appoint two additional commissioners, for a total of five. If the county or counties elect to appoint five commissioners, the initial terms of the additional commissioners shall be for three and fiveyear terms respectively. All vacancies shall be filled for the unexpired term. (2) The county legislative authority or authorities shall consider, but are not limited in appointing, nominations to the board by people or entities petitioning or requesting the creation of the board. The county legislative authority or authorities shall ensure that at least one commissioner is an individual water right holder who diverts or withdraws water for use within the area served by the board. The county legislative authority or authorities must appoint one person who is not a water right holder, except as provided in subsection (5) of this section. If the county legislative authority or authorities choose not to appoint five commissioners, and as of May 10, 2001, there is no commissioner on an existing board who is not a water right holder, the county or counties are not required to appoint a new commissioner until the first vacancy occurs. In making appointments to the board, the county legislative authority or authorities shall choose from among persons who are residents of the county or counties or a county that is contiguous to the county that the water conservancy board is to serve. (3) The county legislative authority or authorities may appoint up to two alternates to serve in a reserve capacity as replacements for absent or recused commissioners, and while serving in that capacity an alternate may serve for all or any portion of a meeting of the board. Alternates do not hold an appointed commissioner position on a board as set forth under subsection (1) of this section. An alternate shall be appointed to serve a six-year term. (4) No commissioner may participate in a record of decision of a board until he or she has successfully completed the necessary training required under RCW 90.80.040. Commissioners shall serve without compensation, but are entitled to reimbursement for necessary travel expenses in accordance 90.80.050 (2008 Ed.) 90.80.055 with RCW 43.03.050 and 43.03.060 and costs incident to receiving training. (5) For the purposes [of] determining a person’s eligibility to be appointed as a commissioner who is not a water right holder under this section, a person is not considered to be a water right holder: (a) By virtue of the person’s receiving water from a municipal water supplier as defined in RCW 90.03.015, or (b) if the only water right held by the person is a right to the type of residential use of water that is exempted from permit requirements by RCW 90.44.050 and that right is for water from a well located in a county with a population that is not greater than one hundred fifty thousand people. [2004 c 104 § 2; 2004 c 10 § 3; 2001 c 237 § 10; 1997 c 441 § 6.] Reviser’s note: This section was amended by 2004 c 10 § 3 and by 2004 c 104 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Purpose—2004 c 104: "The purpose of this act is to ensure that counties have a sufficient portion of their citizenry eligible to serve as commissioners of water conservancy boards to enable the appointing legislative authorities to fill positions on the boards in both urban and rural counties." [2004 c 104 § 1.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.055 Additional board powers. (1) Except as provided in subsection (2) of this section, a board shall operate on a countywide basis or on an areawide basis in the case of a board with jurisdiction in more than one county or water resource inventory area, and have the following powers, in addition to any other powers granted in this chapter: (a) Except as provided in subsection (2) of this section, a board may act upon applications for the same kinds of transfers that the department itself is authorized to act upon, including an application to establish a trust water right under chapter 90.38 or 90.42 RCW. A board may not act upon an application for the type of transfer within an irrigation district as described in RCW 90.03.380(3). If a board receives an application for a transfer between two irrigation districts as described in RCW 90.03.380(2), the board must, before publication of notice of the application, receive the concurrence specified in that section. (b) A board may act upon an application to transfer a water right claim filed under chapter 90.14 RCW. In acting upon such an application, the board must make a tentative determination as to the validity and extent of the right, if any, embodied in the claim and may only issue a record of decision regarding a transfer of such a claim to the extent it is tentatively determined to be valid. Neither the board’s tentative determination, nor the director’s acceptance of such a tentative determination, constitutes an adjudication of the right under RCW 90.03.110 through 90.03.240 or 90.44.220, and such a determination does not preclude or prejudice a subsequent challenge to the validity, priority, or quantity of the right in a general adjudication under those sections. (c) A board may establish a water right transfer information exchange through which all or part of a water right may be listed for sale or lease. The board may also accept and post notices in the exchange from persons interested in acquiring or leasing water rights from willing sellers. 90.80.055 [Title 90 RCW—page 155] 90.80.057 Title 90 RCW: Water Rights—Environment (d) The director shall assign a representative of the department to provide technical assistance to each board. If requested by the board, the representative shall work with the board as it reviews applications for formal acceptance, prepares draft records of decision, and considers other technical or legal factors affecting the board’s development of a final record of decision. A board may request and accept additional technical assistance from the department. A board may also request and accept assistance and support from the county government or governments of the county or counties in which it operates. (2) The jurisdiction of a board shall not apply within the boundaries of a federal Indian reservation or to lands held in trust for an Indian band, tribe, or nation by the federal government. [2001 c 237 § 9.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.057 Quorum. For purposes of carrying out the official business of a board, a quorum consists of the physical presence of two of the three members of a three-member board or three of the five members of a five-member board. A board may operate with one or two vacant positions as long as it meets the quorum requirement. [2001 c 237 § 19.] 90.80.057 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.060 Board powers—Funding. (1) A water conservancy board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees and fix their compensation, employ contractors including contracts for professional services, sue and be sued, and do any and all lawful acts required and expedient to carry out the purposes of this chapter. (2) A board constitutes an independently funded entity, and may provide for its own funding as determined by the commissioners. The board may accept grants and may adopt fees for processing applications for transfers of water rights to fund the activities of the board. A board may not impose taxes or acquire property by the exercise of eminent domain. [1997 c 441 § 7.] 90.80.060 90.80.065 Dissolution of board. A water conservancy board may be formally dissolved by the county or jointly by the counties as applicable in which it operates by adoption of a resolution of the county legislative authority or authorities. Notice of the dissolution must be provided to the director. The department may petition the county legislative authority of the county or the lead county for a board to request that the board be dissolved for repeated statutory violations or demonstrated inability to perform the functions for which the board was created. [2001 c 237 § 16.] 90.80.065 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. [Title 90 RCW—page 156] 90.80.070 90.80.070 Applications for water transfers— Notice—Record of decision—Review—Alternate serving as commissioner. (1) A person proposing a transfer of a water right may elect to file an application with a water conservancy board, if a board has been established for the geographic area where the water is or would be diverted, withdrawn, or used. If the person has already filed an application with the department, the person may request that the department convey the application to the conservancy board with jurisdiction and the department must promptly forward the application. A board is not required to process an application filed with the board. If a board decides that it will not process an application, it must return the application to the applicant and must inform the applicant that the application may be filed with the department. An application to the board for a transfer shall be made on a form provided by the department. A board may require an applicant to submit within a reasonable time additional information as may be required by the board in order to review and act upon the application. At a minimum, the application shall include information sufficient to establish to the board’s satisfaction that a right to the quantity of water being transferred exists, and a description of any applicable limitations on the right to use water, including the point of diversion or withdrawal, place of use, source of supply, purpose of use, quantity of use permitted, time of use, period of use, and the place of storage. (2) The applicant for any proposed water right transfer may apply to a board for a record of decision on a transfer if the water proposed to be transferred is currently diverted, withdrawn, or used within the geographic area in which the board has jurisdiction, or would be diverted, withdrawn, or used within the geographic area in which the board has jurisdiction if the transfer is approved. In the case of a proposed water right transfer in which the water is currently diverted or withdrawn or would be diverted or withdrawn outside the geographic boundaries of the county or the water resource inventory area where the use is proposed to be made, the board shall hold a public hearing in the county of the diversion or withdrawal or proposed diversion or withdrawal. The board shall provide for prominent publication of notice of the hearing in a newspaper of general circulation published in the county in which the hearing is to be held for the purpose of affording an opportunity for interested persons to comment upon the application. If an application is for a transfer of water out of the water resource inventory area that is the source of the water, the board shall consult with the department regarding the application. (3) After an application for a transfer is filed with the board, the board shall publish notice of the application and send notice to state agencies in accordance with the requirements of RCW 90.03.280. In addition, the board shall send notice of the application to any Indian tribe with reservation lands that would be, but for RCW 90.80.055(2), within the area in which the board has jurisdiction. The board shall also provide notice of the application to any Indian tribe that has requested that it be notified of applications. Any person may submit comments and other information to the board regarding the application. The comments and information may be submitted in writing or verbally at any public meeting of the board to discuss or decide on the application. The comments (2008 Ed.) Water Conservancy Boards must be considered by the board in making its record of decision. (4) If a majority of the board determines that the application is complete, and that the transfer is in accordance with RCW 90.03.380, 90.03.390, or 90.44.100, the board must issue a record of decision approving the transfer, subject to review by the director. In making its record of decision, the board must consider among other things whether the proposed transfer can be made without detriment or injury to existing water rights, including rights established for instream flows. The board must include in its record of decision any conditions that are deemed necessary for the transfer to qualify for approval under the applicable laws of the state. The basis for the record of decision of the board must be documented in a report of examination. The board’s proposed approval must clearly state that the applicant is not permitted to proceed to effect the proposed transfer until a final decision is made by the director. In making its record of decision, the board must consider among other things whether the proposed transfer can be made without detriment or injury to existing water rights, including rights established for instream flows. (5) If a majority of the board determines that the application cannot be approved under the applicable laws of the state of Washington, the board must make a record of decision denying the application together with its report of examination documenting its record of decision. The board’s record of decision is subject to review by the director under RCW 90.80.080. (6) When alternates appointed under the provisions of RCW 90.80.050(3) are serving as commissioners on a board, a majority vote of the board must include at least one commissioner appointed under the provisions of RCW 90.80.050(1). (7) An alternate when serving as a commissioner in the review of an application before the board shall: (a) Review the written record before the board and any exhibits provided for the review or provided at the hearing if a hearing was held; (b) Review any audio or video recordings made of the proceedings on the application; and (c) Conduct a site visit if a site visit by other commissioners acting on the application has been previously conducted. (8) An alternate serving as a commissioner shall be guided by the conflict of interest standards applicable to all commissioners under RCW 90.80.120. The board shall provide notice of an alternate sitting as a commissioner to the applicant and other participants in proceedings before the board in a timely manner to provide sufficient time for any challenges for conflict of interest to be made prior to the board’s decision on the application. [2004 c 10 § 4; 2001 c 237 § 11; 1997 c 441 § 9.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.080 Records of decision—Transmittal to department and others—Internet posting—Review. (1) The board must provide a copy of its record of decision to the applicant. The board shall submit its record of decision on the 90.80.080 (2008 Ed.) 90.80.100 transfer application to the department for review. The board shall also submit its report of examination to the department summarizing factual findings on which the board relied in reaching its record of decision and a copy of the files and records upon which the board’s record of decision is based. The board shall also promptly transmit notice by mail to any person who objected to the transfer or who requested notice of the board’s record of decision. (2) Upon receipt of a board’s record of decision, the department shall promptly post the text of the record of decision transmittal form on the department’s internet site. The director shall review each record of decision made by a board for compliance with applicable state water law. (3) Any party to a transfer, third party who alleges his or her water right will be impaired by the proposed transfer, or other person may file a letter of concern or support with the department and the department may consider the concern or support expressed in the letter. Such letters must be received by the department within thirty days of the department’s receipt of the board’s record of decision. (4) The director shall review the record of decision of the board and shall affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director or at the request of the board or applicant. If the director fails to act within the prescribed time period, the board’s record of decision becomes the decision of the department and is appealable as provided by RCW 90.80.090. If the director acts within the prescribed time period, the director’s decision to affirm, modify, or reverse is appealable as provided by RCW 90.80.090, and the director’s decision to remand is appealable as provided by *RCW 90.80.120(2)(b). [2001 c 237 § 12; 1997 c 441 § 11.] *Reviser’s note: RCW 90.80.120 was amended by 2004 c 10 § 5, changing subsection (2)(b) to subsection (3)(b). Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.090 90.80.090 Appeals from director’s decisions. The decision of the director to approve or deny an action to create a board, or to approve, deny, or modify a water right transfer either by action or inaction is appealable in the same manner as other water right decisions made pursuant to chapters 90.03 and 90.44 RCW. [2001 c 237 § 13; 1997 c 441 § 12.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.100 90.80.100 Damages arising from records of decisions on transfers—Immunity. Neither the county or counties, the department, a conservancy board, or its employees, nor individual conservancy board commissioners shall be subject to any cause of action or claim for damages arising out of records of decisions on transfers made by a board under this chapter. [2001 c 237 § 14; 1997 c 441 § 13.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. [Title 90 RCW—page 157] 90.80.110 Title 90 RCW: Water Rights—Environment 90.80.110 Approval of interties. Nothing in this chapter eliminates or lessens the requirements necessary for the approval of interties. [1997 c 441 § 15.] Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. 90.80.120 Conflicts of interest. (1) A commissioner of a water conservancy board shall not engage in any act which is in conflict with the proper discharge of the official duties of a commissioner. A commissioner is deemed to have a conflict of interest if he or she: (a) Has an ownership interest in a water right subject to an application for approval before the board; (b) Receives or has a financial interest in an application submitted to the board or a project, development, or venture related to the approval of the application; or (c) Solicits, accepts, or seeks anything of economic value as a gift, gratuity, or favor from any person, firm, or corporation involved in the application. (2) In the event of a recusal of an appointed commissioner, an alternate may serve as a commissioner on a board and may act upon the official board business for which the conflict of interest exists. (3) The department shall return a record of decision to a conservancy board without action where the department determines that any member of a board has violated subsection (1) of this section. (a) If a person seeking to rely on this section to disqualify a commissioner knows of the basis for disqualification before the time the board issues a record of decision, the person must request the board to have the commissioner recuse himself or herself from further involvement in processing the application, or be barred from later raising that challenge. (b) If the commissioner does not recuse himself or herself or if the person becomes aware of the basis for disqualification after the board issues a record of decision but within the time period under RCW 90.80.080(3) for filing objections with the department, the person must raise the challenge with the department. If the department determines that the commissioner should be disqualified under this section, the director must remand the record of decision to the board for reconsideration and resubmission of a record of decision. The disqualified commissioner shall not participate in any further board review of the application. The department’s decision on whether to remand a record of decision under this section may only be appealed at the same time and in the same manner as an appeal of the department’s decision to affirm, modify, or reverse the record of decision after remand. (c) If the person becomes aware of the basis for disqualification after the time for filing objections with the department, the person may raise the challenge in an appeal of the department’s final decision under RCW 90.80.090. [2004 c 10 § 5; 2001 c 237 § 15; 1997 c 441 § 16.] 90.80.135 Application of public records act. (1) A board is subject to the requirements of chapter 42.56 RCW. Each board must establish and maintain records of its proceedings and determinations. While in the possession of the board, all such records must be made available for inspection and copies must be provided to the public on request under the provisions of chapter 42.56 RCW. (2) Upon the conclusion of its business involving a water right transfer application, a board must promptly send the original copies of all records relating to that application to the department for recordkeeping. A board may keep a copy of the original documents. After the records are transferred to the department, the responsibility for making the records available under chapter 42.56 RCW is transferred to the department. [2005 c 274 § 366; 2001 c 237 § 18.] 90.80.110 Intent—2001 c 237: See note following RCW 90.66.065. 90.80.135 90.80.120 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.130 Application of open public meetings act. Water conservancy board activities are subject to the open public meetings act, chapter 42.30 RCW and to chapter 42.32 RCW. This includes announcing meetings in advance. [2001 c 237 § 17; 1997 c 441 § 17.] 90.80.130 [Title 90 RCW—page 158] Part headings not law—Effective date—2005 c 274: See RCW 42.56.901 and 42.56.902. Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.140 Transfers approved under chapter 90.03 or 90.44 RCW not affected. Nothing in this chapter affects transfers that may be otherwise approved under chapter 90.03 or 90.44 RCW. [2001 c 237 § 20; 1997 c 441 § 18.] 90.80.140 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.150 Reports to legislative committees. The department shall report biennially by December 31st of each even-numbered year to the appropriate committees of the legislature on the boards formed or sought to be formed under the authority of this chapter, the transfer applications reviewed and other activities conducted by the boards, and the funding of such boards. Conservancy boards must provide information regarding their activities to the department to assist the department in preparing the report. [2001 c 237 § 21; 1997 c 441 § 19.] 90.80.150 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.80.900 Severability—1997 c 441. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1997 c 441 § 20.] 90.80.900 90.80.901 Reports to the legislature. (1) By December 31, 2004, the department of ecology must report to the appropriate legislative committees the pertinent experience acquired in implementing the various components of chapter 237, Laws of 2001 that are under its jurisdiction. (2) Beginning December 31, 2001, and ending on December 31, 2004, the department of ecology shall report to the legislature by January 1st of each year on the results of 90.80.901 (2008 Ed.) Watershed Planning processing applications under RCW 90.03.380(5) and processing applications through water conservancy boards under chapter 90.80 RCW. In the report due on December 31, 2004, the department of ecology shall provide an evaluation and make recommendations regarding modification of any of the provisions of RCW 90.03.380(5). (3) By October 1, 2001, the office of financial management must complete an assessment of watershed planning, including evaluation of the performance of both watershed planning units and state agencies involved in watershed planning. The office’s assessment must address the progress of planning units toward completion of watershed plans and the use of funds provided by the state of Washington to planning units and state agencies for developing those plans. The assessment must include an assessment of the progress of planning units and the department of ecology in setting instream flows. The office must report the results of the assessment to the appropriate committees of the legislature, and the governor. (4) Beginning December 31, 2001, and ending on December 31, 2004, the office of financial management shall review and report to the legislature by January 1st of each year on whether the department of ecology has adequate funding for fulfilling the department’s responsibilities for processing applications through water conservancy boards under chapter 90.80 RCW. (5) The office of financial management, in consultation with the departments of revenue, health, and ecology, must evaluate the long-term revenue impacts and the costs and benefits of the deductions and exclusions authorized by *RCW 82.16.0431. The office of financial management must also evaluate the costs and benefits and revenue impacts of other potential water conservation tax incentives, including but not limited to those that may involve the sales, use, property, utility, and business and occupations taxes. The office of financial management must report its findings regarding tax incentives by December 31, 2001, to the legislature’s standing committees with jurisdiction over water resources and the legislative fiscal committees. (6) The office of financial management, in consultation with the departments of health and ecology, must evaluate the level of water savings occurring from water suppliers’ use of the tax incentive provisions in *RCW 82.16.0431 and must report its findings to the legislature by December 31, 2002. [2001 c 237 § 32.] *Reviser’s note: RCW 82.16.0431 expired June 30, 2003. Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. Chapter 90.82 Chapter 90.82 RCW WATERSHED PLANNING (Formerly: Water resource management) Sections 90.82.005 90.82.010 90.82.020 90.82.030 90.82.040 90.82.043 90.82.048 (2008 Ed.) Purpose. Finding. Definitions. Principles. WRIA planning units—Watershed planning grants—Eligibility criteria—Administrative costs. Implementation plan—Report to the legislature. Implementation plan—Timelines and milestones. 90.82.050 90.82.060 90.82.070 90.82.080 90.82.085 90.82.090 90.82.100 90.82.110 90.82.120 90.82.130 90.82.140 90.82.900 90.82.901 90.82.902 90.82.020 Limitations on liability. Initiation of watershed planning—Scope of planning—Technical assistance from state agencies. Water quantity component. Instream flow component—Rules—Report. Instream flows—Assessing and setting or amending. Water quality component. Habitat component. Identification of projects and activities. Plan parameters. Plan approval—Public notice and hearing—Revisions. Use of monitoring recommendations in RCW 77.85.210. Part headings not law—1997 c 442. Severability—1997 c 442. Captions not law—1998 c 247. 90.82.005 Purpose. The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development. It is necessary for the legislature to establish processes and policies that will result in providing state agencies with more specific guidance to manage the water resources of the state consistent with current law and direction provided by local entities and citizens through the process established in accordance with this chapter. [1997 c 442 § 101.] 90.82.005 90.82.010 Finding. The legislature finds that the local development of watershed plans for managing water resources and for protecting existing water rights is vital to both state and local interests. The local development of these plans serves vital local interests by placing it in the hands of people: Who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed; and who have the greatest stake in the proper, long-term management of the resources. The development of such plans serves the state’s vital interests by ensuring that the state’s water resources are used wisely, by protecting existing water rights, by protecting instream flows for fish, and by providing for the economic well-being of the state’s citizenry and communities. Therefore, the legislature believes it necessary for units of local government throughout the state to engage in the orderly development of these watershed plans. [1997 c 442 § 102.] 90.82.010 90.82.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of ecology. (2) "Implementing rules" for a WRIA plan are the rules needed to give force and effect to the parts of the plan that create rights or obligations for any party including a state agency or that establish water management policy. (3) "Minimum instream flow" means a minimum flow under chapter 90.03 or 90.22 RCW or a base flow under chapter 90.54 RCW. (4) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997. (5) "Water supply utility" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the 90.82.020 [Title 90 RCW—page 159] 90.82.030 Title 90 RCW: Water Rights—Environment district or a division or unit responsible for administering a publicly governed water supply system on behalf of a county. (6) "WRIA plan" or "plan" means the product of the planning unit including any rules adopted in conjunction with the product of the planning unit. [1997 c 442 § 103.] 90.82.030 90.82.030 Principles. In order to have the best possible program for appropriating and administering water use in the state, the legislature establishes the following principles and criteria to carry out the purpose and intent of chapter 442, Laws of 1997. (1) All WRIA planning units established under this chapter shall develop a process to assure that water resource user interests and directly involved interest groups at the local level have the opportunity, in a fair and equitable manner, to give input and direction to the process. (2) If a planning unit requests technical assistance from a state agency as part of its planning activities under this chapter and the assistance is with regard to a subject matter over which the agency has jurisdiction, the state agency shall provide the technical assistance to the planning unit. (3) Plans developed under chapter 442, Laws of 1997 shall be consistent with and not duplicative of efforts already under way in a WRIA, including but not limited to watershed analysis conducted under state forest practices statutes and rules. [1997 c 442 § 104.] 90.82.040 90.82.040 WRIA planning units—Watershed planning grants—Eligibility criteria—Administrative costs. (1) Once a WRIA planning unit has been initiated under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and implementation. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose. (2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive watershed planning grants in the following amounts for the first three phases of watershed planning and phase four watershed plan implementation: (i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA or up to seventy-five thousand dollars for a multi-WRIA management area in accordance with RCW 90.82.060(4); (ii)(A) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the management area for conducting watershed assessments in accordance with RCW 90.82.070, except that a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of this subsection or whose initiating governments choose or have chosen to include an instream flow or water quality component in accordance with RCW 90.82.080 or 90.82.090 may apply for up to one hundred thousand additional dollars for each instream flow and up to one hundred thousand additional dollars for each water quality component included for each WRIA to conduct an assessment on that optional component and for each WRIA in which the assessments or studies under (a)(ii)(B) of this subsection are conducted. [Title 90 RCW—page 160] (B) A planning unit may elect to apply for up to one hundred thousand additional dollars to conduct a detailed assessment of multipurpose water storage opportunities or for studies of specific multipurpose storage projects which opportunities or projects are consistent with and support the other elements of the planning unit’s watershed plan developed under this chapter; and (iii) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the management area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes, private property owners, private organizations, and individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan in accordance with RCW 90.82.060 through 90.82.100. (b) A planning unit may request a different amount for phase two or phase three of watershed planning than is specified in (a) of this subsection, provided that the total amount of funds awarded do not exceed the maximum amount the planning unit is eligible for under (a) of this subsection. The department shall approve such an alternative allocation of funds if the planning unit identifies how the proposed alternative will meet the goals of this chapter and provides a proposed timeline for the completion of planning. However, the up to one hundred thousand additional dollars in funding for instream flow and water quality components and for water storage assessments or studies that a planning unit may apply for under (a)(ii)(A) of this subsection may be used only for those instream flow, water quality, and water storage purposes. (c) By December 1, 2001, or within one year of initiating phase one of watershed planning, whichever occurs later, the initiating governments for each planning unit must inform the department whether they intend to have the planning unit establish or amend instream flows as part of its planning process. If they elect to have the planning unit establish or amend instream flows, the planning unit is eligible to receive one hundred thousand dollars for that purpose in accordance with (a)(ii) of this subsection. If the initiating governments for a planning unit elect not to establish or amend instream flows as part of the unit’s planning process, the department shall retain one hundred thousand dollars to carry out an assessment to support establishment of instream flows and to establish such flows in accordance with RCW 90.54.020(3)(a) and chapter 90.22 RCW. The department shall not use these funds to amend an existing instream flow unless requested to do so by the initiating governments for a planning unit. (d) In administering funds appropriated for supplemental funding for optional plan components under (a)(ii) of this subsection, the department shall give priority in granting the available funds to proposals for setting or amending instream flows. (e) A planning unit may apply for a matching grant for phase four watershed plan implementation following approval under the provisions of RCW 90.82.130. A match of ten percent is required and may include financial contributions or in-kind goods and services directly related to coordination and oversight functions. The match can be provided by the planning unit or by the combined commitments from federal agencies, tribal governments, local governments, spe(2008 Ed.) Watershed Planning cial districts, or other local organizations. The phase four grant may be up to one hundred thousand dollars for each planning unit for each of the first three years of implementation. At the end of the three-year period, a two-year extension may be available for up to fifty thousand dollars each year. For planning units that cover more than one WRIA, additional matching funds of up to twenty-five thousand dollars may be available for each additional WRIA per year for the first three years of implementation, and up to twelve thousand five hundred dollars per WRIA per year for each of the fourth and fifth years. (3)(a) The department shall use the eligibility criteria in this subsection (3) instead of rules, policies, or guidelines when evaluating grant applications at each stage of the grants program. (b) In reviewing grant applications under this subsection (3), the department shall evaluate whether: (i) The planning unit meets all of the requirements of this chapter; (ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and (iii) The application and supporting information evidences a readiness to proceed. (c) In ranking grant applications submitted at each stage of the grants program, the department shall give preference to applications in the following order of priority: (i) Applications from existing planning groups that have been in existence for at least one year; (ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth from: (A) First, multi-WRIA planning; and (B) Second, single WRIA planning; (iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population and economic growth from: (A) First, multi-WRIA planning; and (B) Second, single WRIA planning. (d) Except for phase four watershed plan implementation, the department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant. (4) The department may retain up to one percent of funds allocated under this section to defray administrative costs. (5) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs. (6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose. [2003 1st sp.s. c 4 § 2; 2001 c 237 § 2; 1998 c 247 § 1; 1997 c 442 § 105.] Findings—2003 1st sp.s. c 4: "The legislature declares and reaffirms that a core principle embodied in chapter 90.82 RCW is that state agencies must work cooperatively with local citizens in a process of planning for future uses of water by giving local citizens and the governments closest to (2008 Ed.) 90.82.043 them the ability to determine the management of water in the WRIA or WRIAs being planned. The legislature further finds that this process of local planning must have all the tools necessary to accomplish this task and that it is essential for the legislature to provide a clear statutory process for implementation so that the locally developed plan will be the adopted and implemented plan to the greatest extent possible." [2003 1st sp.s. c 4 § 1.] Finding—Intent—2001 c 237: "The legislature is committed to meeting the needs of a growing population and a healthy economy statewide; to meeting the needs of fish and healthy watersheds statewide; and to advancing these two principles together, in increments over time. The legislature finds that improved management of the state’s water resources, clarifying the authorities, requirements, and timelines for establishing instream flows, providing timely decisions on water transfers, clarifying the authority of water conservancy boards, and enhancing the flexibility of our water management system to meet both environmental and economic goals are important steps to providing a better future for our state. The need for these improvements is particularly urgent as we are faced with drought conditions. The failure to act now will only increase the potential negative effects on both the economy and the environment, including fisheries resources. Deliberative action over several legislative sessions and interim periods between sessions will be required to address the long-term goal of improving the responsiveness of the state water code to meet the diverse water needs of the state’s citizenry. It is the intent of the legislature to begin this work now by providing tools to enable the state to respond to imminent drought conditions and other immediate problems relating to water resources management. It is also the legislature’s intent to lay the groundwork for future legislation for addressing the state’s long-term water problems." [2001 c 237 § 1.] Severability—2001 c 237: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2001 c 237 § 33.] Effective date—2001 c 237: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2001]." [2001 c 237 § 34.] Intent—2001 c 237: See note following RCW 90.66.065. 90.82.043 Implementation plan—Report to the legislature. (1) Within one year of accepting funding under RCW 90.82.040(2)(e), the planning unit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all subsequent years of the phase four grant. (2) Each implementation plan must contain strategies to provide sufficient water for: (a) Production agriculture; (b) commercial, industrial, and residential use; and (c) instream flows. Each implementation plan must contain timelines to achieve these strategies and interim milestones to measure progress. (3) The implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal agreements, rules, or ordinances; any needed state or local administrative approvals and permits that must be secured; and specific funding mechanisms. (4) In developing the implementation plan, the planning unit must consult with other entities planning in the watershed management area and identify and seek to eliminate any activities or policies that are duplicative or inconsistent. (5)(a) By December 1, 2003, and by December 1st of each subsequent year, the director of the department shall report to the appropriate legislative standing committees regarding statutory changes necessary to enable state agency approval or permit decision making needed to implement a plan approved under this chapter. 90.82.043 [Title 90 RCW—page 161] 90.82.048 Title 90 RCW: Water Rights—Environment (b) Beginning with the December 1, 2007, report, and then every two years thereafter, the director shall include in each report the extent to which reclaimed water has been identified in the watershed plans as potential sources or strategies to meet future water needs, and provisions in any watershed implementation plans that discuss barriers to implementation of the water reuse elements of those plans. The department’s report shall include an estimate of the potential cost of reclaimed water facilities and identification of potential sources of funding for them. [2007 c 445 § 6; 2003 1st sp.s. c 4 § 3.] Findings—Intent—2007 c 445: See note following RCW 90.46.005. Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040. 90.82.048 Implementation plan—Timelines and milestones. (1) The timelines and interim milestones in a detailed implementation plan required by RCW 90.82.043 must address the planned future use of existing water rights for municipal water supply purposes, as defined in RCW 90.03.015, that are inchoate, including how these rights will be used to meet the projected future needs identified in the watershed plan, and how the use of these rights will be addressed when implementing instream flow strategies identified in the watershed plan. (2) The watershed planning unit or other authorized lead agency shall ensure that holders of water rights for municipal water supply purposes not currently in use are asked to participate in defining the timelines and interim milestones to be included in the detailed implementation plan. (3) The department of health shall annually compile a list of water system plans and plan updates to be reviewed by the department during the coming year and shall consult with the departments of community, trade, and economic development, ecology, and fish and wildlife to: (a) Identify watersheds where further coordination is needed between water system planning and local watershed planning under this chapter; and (b) develop a work plan for conducting the necessary coordination. [2003 1st sp.s. c 5 § 9.] 90.82.048 Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015. 90.82.050 Limitations on liability. (1) This chapter shall not be construed as creating a new cause of action against the state or any county, city, town, water supply utility, conservation district, or planning unit. (2) Notwithstanding RCW 4.92.090, 4.96.010, and 64.40.020, no claim for damages may be filed against the state or any county, city, town, water supply utility, tribal governments, conservation district, or planning unit that or member of a planning unit who participates in a WRIA planning unit for performing responsibilities under this chapter. [1997 c 442 § 106.] 90.82.050 90.82.060 Initiation of watershed planning—Scope of planning—Technical assistance from state agencies. (1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multiWRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the 90.82.060 [Title 90 RCW—page 162] competing resource demands for that area within the parameters under RCW 90.82.120. (2)(a) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (i) All counties within the WRIA; (ii) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (iii) the water supply utility obtaining the largest quantity of water from the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed. (b) For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA located entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and the remaining portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b. WRIA 40a shall be eligible for onefourth of the funding available for a single WRIA, and WRIA 40b shall be eligible for three-fourths of the funding available for a single WRIA. (c) For purposes of this chapter, WRIA 29 shall be divided such that the portion of the WRIA located entirely within the White Salmon subbasin and the subbasins east thereof shall be considered WRIA 29b and the remaining portion shall be considered WRIA 29a. Planning may be conducted separately for WRIA 29a and 29b. WRIA 29a shall be eligible for one-half of the funding available for a single WRIA and WRIA 29b shall be eligible for one-half of the funding available for a single WRIA. (d) For purposes of this chapter, WRIA 14 shall be divided such that the portion of the WRIA where surface waters drain into Hood Canal shall be considered WRIA 14b, and the remaining portion shall be considered WRIA 14a. Planning for WRIA 14b under this chapter shall be conducted by the WRIA 16 planning unit. WRIA 14b shall be eligible for one-half of the funding available for a single WRIA, and WRIA 14a shall be eligible for one-half of the funding available for a single WRIA. (3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water in each WRIA. (4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they shall invite all tribes with reservation lands within the management area. (5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept the invitation, constitute the initiating governments for the purposes of this section. (6) The organizing grant shall be used to organize the planning unit and to determine the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The scope of planning must include water quantity elements as provided in RCW (2008 Ed.) Watershed Planning 90.82.070, and may include water quality elements as contained in RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and instream flow elements as contained in RCW 90.82.080. The initiating governments shall work with state government, other local governments within the management area, and affected tribal governments, in developing a planning process. The initiating governments may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall provide for representation of a wide range of water resource interests. (7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation on the planning unit, state agencies may organize and agree upon their representation on the planning unit. Such technical assistance must only be at the request of and to the extent desired by the planning unit conducting such planning. The number of state agency representatives on the planning unit shall be determined by the initiating governments in consultation with the governor’s office. (8) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants for developing a watershed plan. [2008 c 210 § 1; 2007 c 245 § 1; 2003 c 328 § 1; 2001 c 229 § 1; 1998 c 247 § 2.] 90.82.070 Water quantity component. Watershed planning under this chapter shall address water quantity in the management area by undertaking an assessment of water supply and use in the management area and developing strategies for future use. (1) The assessment shall include: (a) An estimate of the surface and ground water present in the management area; (b) An estimate of the surface and ground water available in the management area, taking into account seasonal and other variations; (c) An estimate of the water in the management area represented by claims in the water rights claims registry, water use permits, certificated rights, existing minimum instream flow rules, federally reserved rights, and any other rights to water; (d) An estimate of the surface and ground water actually being used in the management area; (e) An estimate of the water needed in the future for use in the management area; (f) An identification of the location of areas where aquifers are known to recharge surface bodies of water and areas known to provide for the recharge of aquifers from the surface; and (g) An estimate of the surface and ground water available for further appropriation, taking into account the minimum instream flows adopted by rule or to be adopted by rule under this chapter for streams in the management area including the data necessary to evaluate necessary flows for fish. (2) Strategies for increasing water supplies in the management area, which may include, but are not limited to, 90.82.070 (2008 Ed.) 90.82.080 increasing water supplies through water conservation, water reuse, the use of reclaimed water, voluntary water transfers, aquifer recharge and recovery, additional water allocations, or additional water storage and water storage enhancements. The objective of these strategies is to supply water in sufficient quantities to satisfy the minimum instream flows for fish and to provide water for future out-of-stream uses for water identified in subsection (1)(e) and (g) of this section and to ensure that adequate water supplies are available for agriculture, energy production, and population and economic growth under the requirements of the state’s growth management act, chapter 36.70A RCW. These strategies, in and of themselves, shall not be construed to confer new water rights. The watershed plan must address the strategies required under this subsection. (3) The assessment may include the identification of potential site locations for water storage projects. The potential site locations may be for either large or small projects and cover the full range of possible alternatives. The possible alternatives include off-channel storage, underground storage, the enlargement or enhancement of existing storage, and on-channel storage. [2001 2nd sp.s. c 19 § 2; 1998 c 247 § 3.] Intent—2001 2nd sp.s. c 19: "The legislature recognizes the potential for additional water storage as a solution to the water supply needs of the state. Last year the legislature created a task force to examine the role of increased water storage in providing water supplies to meet the needs of fish, population growth, and economic development, and to enhance the protection of people’s lives and their property and the protection of aquatic habitat through flood control facilities. One solution discussed by the task force to address the state’s water supply problem is to store water when there is excess runoff and stream flow, and deliver or release it during the low flow period when it is needed. The task force discussed the need for assessments of potential site locations for water storage projects. The legislature intends this act to assist in obtaining the assessments relating to water storage." [2001 2nd sp.s. c 19 § 1.] 90.82.080 90.82.080 Instream flow component—Rules— Report. (1)(a) If the initiating governments choose, by majority vote, to include an instream flow component, it shall be accomplished in the following manner: (i) If minimum instream flows have already been adopted by rule for a stream within the management area, unless the members of the local governments and tribes on the planning unit by a recorded unanimous vote request the department to modify those flows, the minimum instream flows shall not be modified under this chapter. If the members of local governments and tribes request the planning unit to modify instream flows and unanimous approval of the decision to modify such flow is not achieved, then the instream flows shall not be modified under this section; (ii) If minimum stream flows have not been adopted by rule for a stream within the management area, setting the minimum instream flows shall be a collaborative effort between the department and members of the planning unit. The department must attempt to achieve consensus and approval among the members of the planning unit regarding the minimum flows to be adopted by the department. Approval is achieved if all government members and tribes that have been invited and accepted on the planning unit present for a recorded vote unanimously vote to support the proposed minimum instream flows, and all nongovernmental members of the planning unit present for the recorded vote, [Title 90 RCW—page 163] 90.82.085 Title 90 RCW: Water Rights—Environment by a majority, vote to support the proposed minimum instream flows. (b) The department shall undertake rule making to adopt flows under (a) of this subsection. The department may adopt the rules either by the regular rules adoption process provided in chapter 34.05 RCW, the expedited rules adoption process as set forth in RCW 34.05.353, or through a rules adoption process that uses public hearings and notice provided by the county legislative authority to the greatest extent possible. Such rules do not constitute significant legislative rules as defined in RCW 34.05.328, and do not require the preparation of small business economic impact statements. (c) If approval is not achieved within four years of the date the planning unit first receives funds from the department for conducting watershed assessments under RCW 90.82.040, the department may promptly initiate rule making under chapter 34.05 RCW to establish flows for those streams and shall have two additional years to establish the instream flows for those streams for which approval is not achieved. (2)(a) Notwithstanding RCW 90.03.345, minimum instream flows set under this section for rivers or streams that do not have existing minimum instream flow levels set by rule of the department shall have a priority date of two years after funding is first received from the department under RCW 90.82.040, unless determined otherwise by a unanimous vote of the members of the planning unit but in no instance may it be later than the effective date of the rule adopting such flow. (b) Any increase to an existing minimum instream flow set by rule of the department shall have a priority date of two years after funding is first received for planning in the WRIA or multi-WRIA area from the department under RCW 90.82.040 and the priority date of the portion of the minimum instream flow previously established by rule shall retain its priority date as established under RCW 90.03.345. (c) Any existing minimum instream flow set by rule of the department that is reduced shall retain its original date of priority as established by RCW 90.03.345 for the revised amount of the minimum instream flow level. (3) Before setting minimum instream flows under this section, the department shall engage in government-to-government consultation with affected tribes in the management area regarding the setting of such flows. (4) Nothing in this chapter either: (a) Affects the department’s authority to establish flow requirements or other conditions under RCW 90.48.260 or the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for the licensing or relicensing of a hydroelectric power project under the federal power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing instream flow requirements and other conditions in a current license for a hydroelectric power project licensed under the federal power act. (5) If the planning unit is unable to obtain unanimity under subsection (1) of this section, the department may adopt rules setting such flows. (6) The department shall report annually to the appropriate legislative standing committees on the progress of instream flows being set under this chapter, as well as progress toward setting instream flows in those watersheds not being planned under this chapter. The report shall be [Title 90 RCW—page 164] made by December 1, 2003, and by December 1st of each subsequent year. [2003 1st sp.s. c 4 § 4; 1998 c 247 § 4.] Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040. 90.82.085 Instream flows—Assessing and setting or amending. By October 1, 2001, the department of ecology shall complete a final nonproject environmental impact statement that evaluates stream flows to meet the alternative goals of maintaining, preserving, or enhancing instream resources and the technically defensible methodologies for determining these stream flows. Planning units and state agencies assessing and setting or amending instream flows must, as a minimum, consider the goals and methodologies addressed in the nonproject environmental impact statement. A planning unit or state agency may assess, set, or amend instream flows in a manner that varies from the final nonproject environmental impact statement if consistent with applicable instream flow laws. [2001 c 237 § 3.] 90.82.085 Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.82.090 Water quality component. If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements: (1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area; (2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities; (3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area; (4) An examination of any total maximum daily load established for nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060; (5) An examination of existing data related to the impact of fresh water on marine water quality; (6) A recommended approach for implementing the total maximum daily load established for achieving compliance with water quality standards for the nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060; and (7) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards. 90.82.090 (2008 Ed.) Watershed Planning This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter does not authorize any planning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act. [1998 c 247 § 5.] 90.82.100 Habitat component. If the initiating governments choose to include a habitat component, the watershed plan shall be coordinated or developed to protect or enhance fish habitat in the management area. Such planning must rely on existing laws, rules, or ordinances created for the purpose of protecting, restoring, or enhancing fish habitat, including the shoreline management act, chapter 90.58 RCW, the growth management act, chapter 36.70A RCW, and the forest practices act, chapter 76.09 RCW. Planning established under this section shall be integrated with strategies developed under other processes to respond to potential and actual listings of salmon and other fish species as being threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. Where habitat restoration activities are being developed under chapter 246, Laws of 1998, such activities shall be relied on as the primary nonregulatory habitat component for fish habitat under this chapter. [1998 c 247 § 6.] 90.82.100 90.82.110 Identification of projects and activities. The planning unit shall review historical data such as fish runs, weather patterns, land use patterns, seasonal flows, and geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural resource management or enhancement in the management area and the products or status of those that have been initiated but not completed for such management in the management area, and incorporate their products as appropriate so as not to duplicate the work already performed or underway. The planning group is encouraged to identify projects and activities that are likely to serve both short-term and long-term management goals and that warrant immediate financial assistance from the state, federal, or local government. If there are multiple projects, the planning group shall give consideration to ranking projects that have the greatest benefit and schedule those projects that should be implemented first. [1998 c 247 § 7.] 90.82.110 90.82.120 Plan parameters. (1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry established under chapter 90.14 RCW or a water right certificate or permit; (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before June 11, 1998, or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before June 11, 1998; (d) affect or interfere 90.82.120 (2008 Ed.) 90.82.130 with an ongoing general adjudication of water rights; (e) modify or require the modification of any waste discharge permit issued under chapter 90.48 RCW; (f) modify or require the modification of activities or actions taken or intended to be taken under a habitat restoration work schedule developed under chapter 246, Laws of 1998; or (g) modify or require the modification of activities or actions taken to protect or enhance fish habitat if the activities or actions are: (i) Part of an approved habitat conservation plan and an incidental take permit, an incidental take statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of a water quality program adopted by an irrigation district under chapter 87.03 RCW or a board of joint control under chapter 87.80 RCW. This subsection (1)(g) applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, or statement. Any assessment conducted under RCW 90.82.070, 90.82.090, or 90.82.100 shall take into consideration such activities and actions and those taken under the forest practices rules, including watershed analysis adopted under the forest practices act, chapter 76.09 RCW. (2) Watershed planning developed and approved under this chapter shall not change existing local ordinances or existing state rules or permits, but may contain recommendations for changing such ordinances or rules. (3) Notwithstanding any other provision of this chapter, watershed planning shall take into account forest practices rules under the forest practices act, chapter 76.09 RCW, and shall not create any obligations or restrictions on forest practices additional to or inconsistent with the forest practices act and its implementing rules, whether watershed planning is approved by the counties or the department. [1998 c 247 § 8.] 90.82.130 Plan approval—Public notice and hearing—Revisions. (1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nongovernmental members of the planning unit. (b) If the proposal is approved by the planning unit, the unit shall submit the proposal to the counties with territory within the management area. If the planning unit has received funding beyond the initial organizing grant under RCW 90.82.040, such a proposal approved by the planning unit shall be submitted to the counties within four years of the date that funds beyond the initial funding are first drawn upon by the planning unit. (c) If the watershed plan is not approved by the planning unit, the planning unit may submit the components of the plan for which agreement is achieved using the procedure under (a) of this subsection, or the planning unit may terminate the planning process. (2)(a) With the exception of a county legislative authority that chooses to opt out of watershed planning as provided in (c) of this subsection, the legislative authority of each of the counties with territory in the management area shall provide public notice of and conduct at least one public hearing 90.82.130 [Title 90 RCW—page 165] 90.82.140 Title 90 RCW: Water Rights—Environment on the proposed watershed plan submitted under this section. After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed watershed plan for the management area, but may not amend it. Approval of such a proposal shall be made by a majority vote of the members of each of the counties with territory in the management area. (b) If a proposed watershed plan is not approved, it shall be returned to the planning unit with recommendations for revisions. Approval of such a revised proposal by the planning unit and the counties shall be made in the same manner provided for the original watershed plan. If approval of the revised plan is not achieved, the process shall terminate. (c) A county legislative authority may choose to opt out of watershed planning under this chapter and the public hearing processes under (a) and (b) of this subsection if the county’s affected territory within a particular management area is: (i) Less than five percent of the total territory within the management area; or (ii) five percent or more of the total territory within the management area and all other initiating governments within the management area consent. A county meeting these conditions and choosing to opt out shall notify the department and the other initiating governments of that choice prior to commencement of plan adoption under the provisions of (a) of this subsection. A county choosing to opt out under the provisions of this section shall not be bound by obligations contained in the watershed plan adopted for that management area under this chapter. Even if a county chooses to opt out under the provisions of this section, the other counties within a management area may adopt a proposed watershed plan as provided in this chapter. (3) The planning unit shall not add an element to its watershed plan that creates an obligation unless each of the governments to be obligated has at least one representative on the planning unit and the respective members appointed to represent those governments agree to adding the element that creates the obligation. A member’s agreeing to add an element shall be evidenced by a recorded vote of all members of the planning unit in which the members record support for adding the element. If the watershed plan is approved under subsections (1) and (2) of this section and the plan creates obligations: (a) For agencies of state government, the agencies shall adopt by rule the obligations of both state and county governments and rules implementing the state obligations, or, with the consent of the planning unit, may adopt policies, procedures, or agreements related to the obligations or implementation of the obligations in addition to or in lieu of rules. The obligations on state agencies are binding upon adoption of the obligations, and the agencies shall take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; (b) for counties, the obligations are binding on the counties and the counties shall adopt any necessary implementing ordinances and take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; or (c) for an organization voluntarily accepting an obligation, the organization must adopt policies, procedures, agreements, rules, or ordinances to implement the plan, and [Title 90 RCW—page 166] should annually review implementation needs with respect to budget and staffing. (4) After a plan is adopted in accordance with subsection (3) of this section, and if the department participated in the planning process, the plan shall be deemed to satisfy the watershed planning authority of the department with respect to the components included under the provisions of RCW 90.82.070 through 90.82.100 for the watershed or watersheds included in the plan. The department shall use the plan as the framework for making future water resource decisions for the planned watershed or watersheds. Additionally, the department shall rely upon the plan as a primary consideration in determining the public interest related to such decisions. (5) Once a WRIA plan has been approved under subsection (2) of this section for a watershed, the department may develop and adopt modifications to the plan or obligations imposed by the plan only through a form of negotiated rule making that uses the same processes that applied in that watershed for developing the plan. (6) As used in this section, "obligation" means any action required as a result of this chapter that imposes upon a tribal government, county government, or state government, either: A fiscal impact; a redeployment of resources; or a change of existing policy. [2003 1st sp.s. c 4 § 5; 2001 c 237 § 4; 1998 c 247 § 9.] Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040. Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040. Intent—2001 c 237: See note following RCW 90.66.065. 90.82.140 Use of monitoring recommendations in RCW 77.85.210. In conducting assessments and other studies that include monitoring components or recommendations, the department and planning units shall implement the monitoring recommendations developed under *RCW 77.85.210. [2001 c 298 § 2.] 90.82.140 *Reviser’s note: RCW 77.85.210 was repealed by 2005 c 309 § 10. Finding—Intent—2001 c 298: "The legislature finds that a comprehensive program of monitoring is fundamental to making sound public policy and programmatic decisions regarding salmon recovery and watershed health. Monitoring provides accountability for results of management actions and provides the data upon which an adaptive management framework can lead to improvement of strategies and programs. Monitoring is also a required element of any salmon recovery plan submitted to the federal government for approval. While numerous agencies and citizen organizations are engaged in monitoring a wide range of salmon recovery and watershed health parameters, there is a greater need for coordination of monitoring efforts, for using limited monitoring resources to obtain information most useful for achieving relevant local, state, and federal requirements regarding watershed health and salmon recovery, and for making the information more accessible to those agencies and organizations implementing watershed health programs and projects. Regarding salmon recovery monitoring, the state independent science panel has concluded that many programs already monitor indicators relevant to salmonids, but the efforts are largely uncoordinated or unlinked among programs, have different objectives, use different indicators, lack support for sharing data, and lack shared statistical designs to address specific issues raised by listing of salmonid species under the federal endangered species act. Therefore, it is the intent of the legislature to encourage the refocusing of existing agency monitoring activities necessary to implement a comprehensive watershed health monitoring program, with a focus on salmon recovery. The program should: Be based on a framework of greater coordination of existing monitoring activities; require monitoring activities most relevant to adopted local, state, and federal watershed health objectives; and facilitate the exchange of monitoring information with agencies and organi(2008 Ed.) Wetlands Mitigation Banking zations carrying out watershed health, salmon recovery, and water resources management planning and programs." [2001 c 298 § 1.] 90.82.900 Part headings not law—1997 c 442. As used in this act, part headings constitute no part of the law. [1997 c 442 § 803.] 90.82.900 90.82.901 Severability—1997 c 442. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1997 c 442 § 805.] 90.82.901 90.82.902 Captions not law—1998 c 247. As used in this act, captions constitute no part of the law. [1998 c 247 § 15.] 90.82.902 Chapter 90.84 Chapter 90.84 RCW WETLANDS MITIGATION BANKING Sections 90.84.005 90.84.010 90.84.020 90.84.030 90.84.040 90.84.050 90.84.060 90.84.070 90.84.900 Findings—Purpose—Intent. Definitions. Wetlands or wetlands banks—Authority for regulating. Rules—Submission of proposed rules to legislative committees. Certification of banks—Approval of use of credits by state and local governments. Approval of use of credits by the department—Requirements. Interpretation of chapter and rules. Application to public and private mitigation banks. Severability—1998 c 248. 90.84.005 Findings—Purpose—Intent. (1) The legislature finds that wetlands mitigation banks are an important tool for providing compensatory mitigation for unavoidable impacts to wetlands. The legislature further finds that the benefits of mitigation banks include: (a) Maintenance of the ecological functioning of a watershed by consolidating compensatory mitigation into a single large parcel rather than smaller individual parcels; (b) increased potential for the establishment and long-term management of successful mitigation by bringing together financial resources, planning, and scientific expertise not practicable for many project-specific mitigation proposals; (c) increased certainty over the success of mitigation and reduction of temporal losses of wetlands since mitigation banks are typically implemented and functioning in advance of project impacts; (d) potential enhanced protection and preservation of the state’s highest value and highest functioning wetlands; (e) a reduction in permit processing times and increased opportunity for more cost-effective compensatory mitigation for development projects; and (f) the ability to provide compensatory mitigation in an efficient, predictable, and economically and environmentally responsible manner. Therefore, the legislature declares that it is the policy of the state to authorize wetland mitigation banking. (2) The purpose of this chapter is to support the establishment of mitigation banks by: (a) Authorizing state agencies and local governments, as well as private entities, to achieve the goals of this chapter; and (b) providing a predictable, efficient, regulatory framework, including timely review of mitigation bank proposals. The legislature intends 90.84.005 (2008 Ed.) 90.84.030 that, in the development and adoption of rules for banks, the department establish and use a collaborative process involving interested public and private entities. [1998 c 248 § 1.] 90.84.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Banking instrument" means the documentation of agency and bank sponsor concurrence on the objectives and administration of the bank that describes in detail the physical and legal characteristics of the bank, including the service area, and how the bank will be established and operated. (2) "Bank sponsor" means any public or private entity responsible for establishing and, in most circumstances, operating a bank. (3) "Credit" means a unit of trade representing the increase in the ecological value of the site, as measured by acreage, functions, and/or values, or by some other assessment method. (4) "Department" means the department of ecology. (5) "Wetlands mitigation bank" or "bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. (6) "Mitigation" means sequentially avoiding impacts, minimizing impacts, and compensating for remaining unavoidable impacts. (7) "Practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. (8) "Service area" means the designated geographic area in which a bank can reasonably be expected to provide appropriate compensation for unavoidable impacts to wetlands. (9) "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. [1998 c 248 § 3.] 90.84.010 90.84.020 Wetlands or wetlands banks—Authority for regulating. This chapter does not create any new authority for regulating wetlands or wetlands banks beyond what is specifically provided for in this chapter. No authority is granted to the department under this chapter to adopt rules or guidance that apply to wetland projects other than banks under this chapter. [1998 c 248 § 2.] 90.84.020 90.84.030 Rules—Submission of proposed rules to legislative committees. (1) Subject to the requirements of this chapter, the department, through a collaborative process, shall adopt rules for: (a) Certification, operation, and monitoring of wetlands mitigation banks. The rules shall include procedures to assure that: (i) Priority is given to banks providing for the restoration of degraded or former wetlands; (ii) Banks involving the creation and enhancement of wetlands are certified only where there are adequate assurances of success and that the bank will result in an overall environmental benefit; and 90.84.030 [Title 90 RCW—page 167] 90.84.040 Title 90 RCW: Water Rights—Environment (iii) Banks involving the preservation of wetlands or associated uplands are certified only when the preservation is in conjunction with the restoration, enhancement, or creation of a wetland, or in other exceptional circumstances as determined by the department consistent with this chapter; (b) Determination and release of credits from banks. Procedures regarding credits shall authorize the use and sale of credits to offset adverse impacts and the phased release of credits as different levels of the performance standards are met; (c) Public involvement in the certification of banks, using existing statutory authority; (d) Coordination of governmental agencies, including early notification of the local government where the bank is located; (e) Establishment of criteria for determining service areas for each bank in accordance with subsection (2) of this section; (f) Performance standards; and (g) Long-term management, financial assurances, and remediation for certified banks. (2) The criteria for determining service areas under subsection (1)(e) of this section shall include a requirement that restricts the maximum extent of the service area of a wetlands mitigation bank to the water resource inventory area (WRIA) as established under chapter 173-500 WAC in which the bank is located except where a service area may include parts of other WRIAs if it is ecologically defensible and appropriate. (3) Before adopting rules under this chapter, the department shall submit the proposed rules to the appropriate standing committees of the legislature. By January 30, 1999, the department shall submit a report to the appropriate standing committees of the legislature on its progress in developing rules under this chapter. [2008 c 80 § 1; 1998 c 248 § 4.] 90.84.040 Certification of banks—Approval of use of credits by state and local governments. (1) The department may certify only those banks that meet the requirements of this chapter. Certification shall be accomplished through a banking instrument. The local jurisdiction in which the bank is located shall be signatory to the banking instrument. (2) For a bank for which an application for a banking instrument was filed January 1, 2008, or thereafter, the department may not certify a bank without local approval of the bank. The local jurisdiction in which the bank is located has final approval over the certification of the mitigation bank. If the local government approves the bank, it shall be a signatory to the banking instrument. (3) State agencies and local governments may approve use of credits from a bank for any mitigation required under a permit issued or approved by that state agency or local government to compensate for the proposed impacts of a specific public or private project. [2008 c 80 § 2; 1998 c 248 § 5.] 90.84.040 90.84.050 Approval of use of credits by the department—Requirements. Prior to authorizing use of credits from a bank as a means of mitigation under a permit issued or approved by the department, the department must assure that all appropriate and practicable steps have been undertaken to 90.84.050 [Title 90 RCW—page 168] first avoid and then minimize adverse impacts to wetlands. In determining appropriate steps to avoid and minimize adverse impacts to wetlands, the department shall take into consideration the functions and values of the wetland, including fish habitat, groundwater quality, and protection of adjacent properties. The department may approve use of credits from a bank when: (1) The credits represent the creation, restoration, or enhancement of wetlands of like kind and in close proximity when estuarine wetlands are being mitigated; (2) There is no practicable opportunity for on-site compensation; or (3) Use of credits from a bank is environmentally preferable to on-site compensation. [1998 c 248 § 6.] 90.84.060 Interpretation of chapter and rules. The interpretation of this chapter and rules adopted under this chapter must be consistent with applicable federal guidance for the establishment, use, and operation of wetlands mitigation banks as it existed on June 11, 1998, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this chapter. [1998 c 248 § 7.] 90.84.060 90.84.070 Application to public and private mitigation banks. This chapter applies to public and private mitigation banks. [1998 c 248 § 8.] 90.84.070 90.84.900 Severability—1998 c 248. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1998 c 248 § 9.] 90.84.900 Chapter 90.86 RCW JOINT LEGISLATIVE COMMITTEE ON WATER SUPPLY DURING DROUGHT Chapter 90.86 Sections 90.86.010 90.86.020 90.86.030 90.86.900 Joint legislative committee on water supply during drought. Membership. Meetings—Requests for information—Reports from department of ecology—Recommendations to the legislature. Effective date—2005 c 60. 90.86.010 Joint legislative committee on water supply during drought. The joint legislative committee on water supply during drought is created. [2005 c 60 § 1.] 90.86.010 90.86.020 Membership. The committee shall consist of four senators and four representatives who shall be selected biennially as follows: (1) The president of the senate shall appoint four members from the senate to serve on the committee, including the chair of the committee responsible for water resource issues. Two members from each major political party must be appointed. (2) The speaker of the house of representatives shall appoint four members from the house of representatives to serve on the committee, including the chair of the committee responsible for water resource issues. Two members from each major political party must be appointed. 90.86.020 (2008 Ed.) Aquatic Rehabilitation Zones (3) The committee shall elect a chair and a vice-chair. The chair shall be a member of the house of representatives in even-numbered years and a member of the senate in oddnumbered years. (4) The presiding officer of the appropriate legislative chamber shall fill any vacancies occurring on the committee by appointment from the same political party as the departing member. (5) Members shall serve until their successors are appointed as provided in this section, or until they are no longer members of the legislature, whichever is sooner. [2005 c 60 § 2.] 90.86.030 Meetings—Requests for information— Reports from department of ecology—Recommendations to the legislature. (1) The joint legislative committee on water supply during drought shall convene from time to time at the call of the chair when a drought conditions order under RCW 43.83B.405 is in effect, or when the chair determines, in consultation with the department of ecology, that it is likely that such an order will be issued within the next year. (2) The committee may request and review information relating to water supply conditions in the state, and economic, environmental, and other impacts relating to decreased water supply being experienced or anticipated. The governor’s executive water emergency committee, the department of ecology, the water supply advisory committee, and other state agencies with water management or related responsibilities shall cooperate in responding to requests from the committee. (3) During drought conditions in which an order issued under RCW 43.83B.405 is in effect, the department of ecology shall provide to the committee no less than monthly a report describing drought response activities of the department and other state and federal agencies participating on the water supply availability committee. The report shall include information regarding applications for, and approvals and denials of emergency water withdrawals and temporary changes or transfers of, water rights under RCW 43.83B.410. (4) The committee from time to time shall make recommendations to the senate and house of representatives on budgetary and legislative actions that will improve the state’s drought response programs and planning. [2005 c 60 § 3.] 90.86.030 90.86.900 Effective date—2005 c 60. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2005]. [2005 c 60 § 5.] 90.86.900 Chapter 90.88 Chapter 90.88 RCW AQUATIC REHABILITATION ZONES Sections 90.88.005 90.88.010 90.88.020 90.88.030 (2008 Ed.) Findings—Intent. Designation by the legislature—Zone one established. Hood Canal rehabilitation program—State lead agency— Local management board. Aquatic zone one—Roles of Hood Canal coordinating council and Puget Sound partnership—Participation of governments and nonprofit organizations—Project funding, priorities, and criteria—Reports. 90.88.040 90.88.050 90.88.060 90.88.900 90.88.901 90.88.902 90.88.903 90.88.010 Forest practices—Nonapplicability of chapter. Scope of chapter. Hood Canal aquatic rehabilitation account. Effective date—2005 c 478. Regulatory authority not conferred. Activities subject to appropriations. Effective date—2005 c 479. 90.88.005 Findings—Intent. (1) The legislature finds that Hood Canal is a precious aquatic resource of our state. The legislature finds that Hood Canal is a rich source of recreation, fishing, aquaculture, and aesthetic enjoyment for the citizens of this state. The legislature also finds that Hood Canal has great cultural significance for the tribes in the Hood Canal area. The legislature therefore recognizes Hood Canal’s substantial environmental, cultural, economic, recreational, and aesthetic importance in this state. (2) The legislature finds that Hood Canal is a marine water of the state at significant risk. The legislature finds that Hood Canal has a "dead zone" related to low-dissolved oxygen concentrations, a condition that has recurred for many years. The legislature also finds that this problem and various contributors to the problem were documented in the May 2004 Preliminary Assessment and Corrective Action Plan published by the state agency known as the Puget Sound action team and the Hood Canal coordinating council. (3) The legislature further finds that significant research, monitoring, and study efforts are currently occurring regarding Hood Canal’s low-dissolved oxygen concentrations. The legislature also finds numerous public, private, and community organizations are working to provide public education and identify potential solutions. The legislature recognizes that, while some information and research is now available and some potential solutions have been identified, more research and analysis is needed to fully develop a program to address Hood Canal’s low-dissolved oxygen concentrations. (4) The legislature finds a need exists for the state to take action to address Hood Canal’s low-dissolved oxygen concentrations. The legislature also finds establishing an aquatic rehabilitation zone for Hood Canal will serve as a statutory framework for future regulations and programs directed at recovery of this important aquatic resource. (5) The legislature therefore intends to establish an aquatic rehabilitation zone for Hood Canal as the framework to address Hood Canal’s low-dissolved oxygen concentrations. The legislature also intends to incorporate provisions in the new statutory chapter creating the designation as solutions are identified regarding this problem. [2007 c 341 § 50; 2005 c 478 § 1.] 90.88.005 Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. 90.88.010 Designation by the legislature—Zone one established. (1) Aquatic rehabilitation zones may be designated by the legislature for areas whose surrounding marine water bodies pose serious environmental or public health concerns. (2) Aquatic rehabilitation zone one is established. Aquatic rehabilitation zone one includes all watersheds that drain to Hood Canal south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county. [2005 c 478 § 2.] 90.88.010 [Title 90 RCW—page 169] 90.88.020 Title 90 RCW: Water Rights—Environment 90.88.020 Hood Canal rehabilitation program— State lead agency—Local management board. (1) The development of a program for rehabilitation of Hood Canal is authorized in Jefferson, Kitsap, and Mason counties within the aquatic rehabilitation zone one. (2) The Puget Sound partnership, created in RCW 90.71.210, is designated as the state lead agency for the rehabilitation program authorized in this section. (3) The Hood Canal coordinating council is designated as the local management board for the rehabilitation program authorized in this section. (4) The Puget Sound partnership and the Hood Canal coordinating council must each approve and must comanage projects under the rehabilitation program authorized in this section. [2007 c 341 § 51; 2005 c 479 § 2.] 90.88.020 Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Findings—2005 c 479: "(1) The legislature finds that Hood Canal is a precious aquatic resource of our state. The legislature finds that Hood Canal is a rich source of recreation, fishing, aquaculture, and aesthetic enjoyment for the citizens of this state. The legislature also finds that Hood Canal has great cultural significance for the tribes in the Hood Canal area. The legislature therefore recognizes Hood Canal’s substantial environmental, cultural, economic, recreational, and aesthetic importance to Washington. (2) The legislature finds that Hood Canal is a marine water of the state at significant risk. The legislature finds that Hood Canal has a "dead zone" related to low-dissolved oxygen concentrations, a condition that has recurred for many years. The legislature also finds this problem and various contributors to the problem were documented in the May 2004 Preliminary Assessment and Corrective Action Plan published by the state Puget Sound action team and the Hood Canal coordinating council. (3) The legislature further finds that significant research, monitoring, and study efforts are currently occurring regarding Hood Canal’s low-dissolved oxygen concentrations. The legislature recognizes that federal, state, tribal, and local governments and other organizations and entities are coordinating research, monitoring, and modeling efforts through the Hood Canal low-dissolved oxygen program. The legislature also recognizes that these entities and others are continuing individual efforts to study and identify potential solutions for Hood Canal’s low-dissolved oxygen concentrations. The legislature also recognizes numerous public, private, and community organizations are working to provide public education regarding Hood Canal’s low-dissolved oxygen concentrations. The legislature recognizes and encourages the continuation of these efforts. (4) The legislature finds a need exists for the state to provide additional resources to address Hood Canal’s low-dissolved oxygen concentrations. The legislature also finds a need exists to designate the state and local entities to develop, coordinate, and administer a Hood Canal rehabilitation program and funding." [2005 c 479 § 1.] Forest practices—Nonapplicability of act—2005 c 479: "This act does not apply to forest practices regulated under chapter 76.09 RCW." [2005 c 479 § 4.] 90.88.030 Aquatic zone one—Roles of Hood Canal coordinating council and Puget Sound partnership—Participation of governments and nonprofit organizations— Project funding, priorities, and criteria—Reports. (1) The Hood Canal coordinating council shall serve as the local management board for aquatic rehabilitation zone one. The local management board shall coordinate local government efforts with respect to the program authorized according to RCW 90.88.020. In the Hood Canal area, the Hood Canal coordinating council also shall: (a) Serve as the lead entity and the regional recovery organization for the purposes of chapter 77.85 RCW for Hood Canal summer chum; and (b) Assist in coordinating activities under chapter 90.82 RCW. 90.88.030 [Title 90 RCW—page 170] (2) When developing and implementing the program authorized in RCW 90.88.020 and when establishing funding criteria according to subsection (7) of this section, the Puget Sound partnership, created in RCW 90.71.210, and the local management board shall solicit participation by federal, tribal, state, and local agencies and universities and nonprofit organizations with expertise in areas related to program activities. The local management board may include state and federal agency representatives, or additional persons, as nonvoting management board members or may receive technical assistance and advice from them in other venues. The local management board also may appoint technical advisory committees as needed. (3) The local management board and the Puget Sound partnership shall participate in the development of the program authorized under RCW 90.88.020. (4) The local management board and its participating local and tribal governments shall assess concepts for a regional governance structure and shall submit a report regarding the findings and recommendations to the appropriate committees of the legislature by December 1, 2007. (5) Any of the local management board’s participating counties and tribes, any federal, tribal, state, or local agencies, or any universities or nonprofit organizations may continue individual efforts and activities for rehabilitation of Hood Canal. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law. (6) The local management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government. (7) The local management board and the Puget Sound partnership each may receive and disburse funding for projects, studies, and activities related to Hood Canal’s lowdissolved oxygen concentrations. The Puget Sound partnership and the local management board shall jointly coordinate a process to prioritize projects, studies, and activities for which the Puget Sound partnership receives state funding specifically allocated for Hood Canal corrective actions to implement this section. The local management board and the Puget Sound partnership shall establish criteria for funding these projects, studies, and activities based upon their likely value in addressing and resolving Hood Canal’s low-dissolved oxygen concentrations. Final approval for projects under this section requires the consent of both the Puget Sound partnership and the local management board. Projects under this section must be comanaged by the Puget Sound partnership and the local management board. Nothing in this section prohibits any federal, tribal, state, or local agencies, universities, or nonprofit organizations from receiving funding for specific projects that may assist in the rehabilitation of Hood Canal. (8) The local management board may hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to local governments about potential regulations and the development of programs and incentives upon request, pay all necessary expenses, and choose a fiduciary agent. (9) The local management board shall report its progress on a quarterly basis to the legislative bodies of the participat(2008 Ed.) Columbia River Basin Water Supply 90.90.010 Chapter 90.90 RCW COLUMBIA RIVER BASIN WATER SUPPLY ing counties and tribes and the participating state agencies. The local management board also shall submit an annual report describing its efforts and successes in implementing the program established according to RCW 90.88.020 to the appropriate committees of the legislature. [2007 c 341 § 52; 2005 c 479 § 3.] Sections Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. 90.90.020 90.90.030 Findings—Forest practices—Nonapplicability of act—2005 c 479: See notes following RCW 90.88.020. 90.90.040 90.88.040 Forest practices—Nonapplicability of chapter. This chapter does not apply to forest practices regulated under chapter 76.09 RCW. [2005 c 478 § 3.] 90.88.040 90.88.050 Scope of chapter. This chapter does not alter, diminish, or expand the jurisdictional authorities in other statutes or affect the application of other statutory requirements or programs that do not specifically refer to aquatic rehabilitation zones. [2005 c 478 § 4.] Chapter 90.90 90.90.005 90.90.010 90.90.050 90.90.060 90.90.070 90.90.080 90.90.900 Finding. Columbia river basin water supply development account— Use for storage facilities and access to water supplies—Evaluation—Public comment—Use of net water savings. Allocation and development of water supplies. Voluntary regional agreements—Scope and application— Reports to legislature—Definitions. Columbia river water supply inventory—Long-term water supply and demand forecast. Columbia river mainstem water resources information system. Additional releases of water from Lake Roosevelt. Columbia river water delivery account—Creation—Distribution. Impacts of water release—Department of ecology’s duties. Effective date—2006 c 6. 90.88.050 90.88.060 Hood Canal aquatic rehabilitation account. The Hood Canal aquatic rehabilitation account is created in the state treasury. All gifts, grants, federal moneys, or appropriations made to the account must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for programs and projects to protect and restore Hood Canal, including implementing RCW 90.88.020 and 90.88.030. [2006 c 366 § 1.] 90.88.060 90.88.900 Effective date—2005 c 478. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005]. [2005 c 478 § 6.] 90.88.900 90.88.901 Regulatory authority not conferred. Nothing in chapter 479, Laws of 2005 provides any regulatory authority to the Puget Sound partnership, created in RCW 90.71.210, or the Hood Canal coordinating council. [2007 c 341 § 53; 2005 c 479 § 5.] 90.88.901 Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. 90.88.902 Activities subject to appropriations. The activities of the Puget Sound partnership, created in RCW 90.71.210, and the Hood Canal coordinating council required by chapter 479, Laws of 2005 are subject to the availability of amounts appropriated for this specific purpose. [2007 c 341 § 54; 2005 c 479 § 6.] 90.88.902 Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. 90.88.903 Effective date—2005 c 479. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005]. [2005 c 479 § 8.] 90.88.903 (2008 Ed.) 90.90.005 Finding. (1) The legislature finds that a key priority of water resource management in the Columbia river basin is the development of new water supplies that includes storage and conservation in order to meet the economic and community development needs of people and the instream flow needs of fish. (2) The legislature therefore declares that a Columbia river basin water supply development program is needed, and directs the department of ecology to aggressively pursue the development of water supplies to benefit both instream and out-of-stream uses. [2006 c 6 § 1.] 90.90.005 90.90.010 Columbia river basin water supply development account—Use for storage facilities and access to water supplies—Evaluation—Public comment—Use of net water savings. (1) The Columbia river basin water supply development account is created in the state treasury. The account may receive direct appropriations from the legislature, receipts of any funds pursuant to RCW 90.90.020 and 90.90.030, or funds from any other sources. (2)(a) Expenditures from the Columbia river basin water supply development account may be used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities, implement conservation projects, or any other actions designed to provide access to new water supplies within the Columbia river basin for both instream and out-of-stream uses. Except for the development of new storage projects, there shall be no expenditures from this account for water acquisition or transfers from one water resource inventory area to another without specific legislative authority. (b) Two-thirds of the funds placed in the account shall be used to support the development of new storage facilities; the remaining one-third shall be used for the other purposes listed in this section. (3)(a) Funds may not be expended from this account for the construction of a new storage facility until the department of ecology evaluates the following: (i) Water uses to be served by the facility; (ii) The quantity of water necessary to meet those uses; (iii) The benefits and costs to the state of meeting those uses, including short-term and long-term economic, cultural, and environmental effects; and (iv) Alternative means of supplying water to meet those uses, including the costs of those alternatives and an analysis 90.90.010 [Title 90 RCW—page 171] 90.90.020 Title 90 RCW: Water Rights—Environment of the extent to which long-term water supply needs can be met using these alternatives. (b) The department of ecology may rely on studies and information developed through compliance with other state and federal permit requirements and other sources. The department shall compile its findings and conclusions, and provide a summary of the information it reviewed. (c) Before finalizing its evaluation under the provisions of this section, the department of ecology shall make the preliminary evaluation available to the public. Public comment may be made to the department within thirty days of the date the preliminary evaluation is made public. (4) Net water savings achieved through conservation measures funded by the account shall be placed in trust in proportion to the state funding provided to implement a project. (5) Net water savings achieved through conservation measures funded by the account developed within the boundaries of the federal Columbia river reclamation project and directed to the Odessa subarea to reduce the use of groundwater for existing irrigation is exempt from the provisions of subsection (4) of this section. (6) Moneys in the Columbia river basin water supply development account created in this section may be spent only after appropriation. (7) Interest earned by deposits in the account will be retained in the account. [2006 c 6 § 2.] 90.90.020 Allocation and development of water supplies. (1)(a) Water supplies secured through the development of new storage facilities made possible with funding from the Columbia river basin water supply development account shall be allocated as follows: (i) Two-thirds of active storage shall be available for appropriation for out-of-stream uses; and (ii) One-third of active storage shall be available to augment instream flows and shall be managed by the department of ecology. The timing of releases of this water shall be determined by the department of ecology, in cooperation with the department of fish and wildlife and fisheries comanagers, to maximize benefits to salmon and steelhead populations. (b) Water available for appropriation under (a)(i) of this subsection but not yet appropriated shall be temporarily available to augment instream flows to the extent that it does not impair existing water rights. (2) Water developed under the provisions of this section to offset out-of-stream uses and for instream flows is deemed adequate mitigation for the issuance of new water rights provided for in subsection (1)(a) of this section and satisfies all consultation requirements under state law related to the issuance of new water rights. (3) The department of ecology shall focus its efforts to develop water supplies for the Columbia river basin on the following needs: (a) Alternatives to groundwater for agricultural users in the Odessa subarea aquifer; (b) Sources of water supply for pending water right applications; (c) A new uninterruptible supply of water for the holders of interruptible water rights on the Columbia river mainstem 90.90.020 [Title 90 RCW—page 172] that are subject to instream flows or other mitigation conditions to protect stream flows; and (d) New municipal, domestic, industrial, and irrigation water needs within the Columbia river basin. (4) The one-third/two-thirds allocation of water resources between instream and out-of-stream uses established in this section does not apply to applications for changes or transfers of existing water rights in the Columbia river basin. [2006 c 6 § 3.] 90.90.030 Voluntary regional agreements—Scope and application—Reports to legislature—Definitions. (Expires June 30, 2012.) (1) The department of ecology may enter into voluntary regional agreements for the purpose of providing new water for out-of-stream use, streamlining the application process, and protecting instream flow. (2) Such agreements shall ensure that: (a) For water rights issued from the Columbia river mainstem, there is no negative impact on Columbia river mainstem instream flows in the months of July and August as a result of the new appropriations issued under the agreement; (b) For water rights issued from the lower Snake river mainstem, there is no negative impact on Snake river mainstem instream flows from April through August as a result of the new appropriations issued under the agreement; and (c) Efforts are made to harmonize such agreements with watershed plans adopted under the authority of chapter 90.82 RCW that are applicable to the area covered by the agreement. (3) The protection of instream flow as set forth in subsection (2) of this section is adequate for purposes of mitigating instream flow impacts resulting from any appropriations for out-of-stream use made under a voluntary regional agreement, and the only applicable consultation provisions under state law regarding instream flow impacts shall be those set forth in subsection (4) of this section. (4) Before executing a voluntary agreement under this section, the department of ecology shall: (a) Provide a sixty-day period for consultation with county legislative authorities and watershed planning groups with jurisdiction over the area where the water rights included in the agreement are located, the department of fish and wildlife, and affected tribal governments, and federal agencies. The department of fish and wildlife shall provide written comments within that time period. The consultation process for voluntary regional agreements developed under the provisions of this section is deemed adequate for the issuance of new water rights provided for in this section and satisfies all consultation requirements under state law related to the issuance of new water rights; and (b) Provide a thirty-day public review and comment period for a draft agreement, and publish a summary of any public comments received. The thirty-day review period shall not begin until after the department of ecology has concluded its consultation under (a) of this subsection and the comments that have been received by the department are made available to the public. (5) The provisions of subsection (4) of this section satisfy all applicable consultation requirements under state law. 90.90.030 (2008 Ed.) Columbia River Basin Water Supply (6) The provisions of this section and any voluntary regional agreements developed under such provisions may not be relied upon by the department of ecology as a precedent, standard, or model that must be followed in any other voluntary regional agreements. (7) Nothing in this section may be interpreted or administered in a manner that precludes the processing of water right applications under chapter 90.03 or 90.44 RCW that are not included in a voluntary regional agreement. (8) Nothing in this section may be interpreted or administered in a manner that impairs or diminishes a valid water right or a habitat conservation plan approved for purposes of compliance with the federal endangered species act. (9) The department of ecology shall monitor and evaluate the water allocated to instream and out-of-stream uses under this section, evaluate the program, and provide an interim report to the appropriate committees of the legislature by June 30, 2008. A final report shall be provided to the appropriate committees of the legislature by June 30, 2011. (10) If the department of ecology executes a voluntary agreement under this section that includes water rights appropriated from the lower Snake river mainstem, the department shall develop aggregate data in accordance with the provisions of RCW 90.90.050 for the lower Snake river mainstem. (11) Any agreement entered into under this section shall remain in full force and effect through the term of the agreement regardless of the expiration of this section. (12) The definitions in this subsection apply to this section and RCW 90.90.050, and may only be used for purposes of implementing these sections. (a) "Columbia river mainstem" means all water in the Columbia river within the ordinary high water mark of the main channel of the Columbia river between the border of the United States and Canada and the Bonneville dam, and all groundwater within one mile of the high water mark. (b) "Lower Snake river mainstem" means all water in the lower Snake river within the ordinary high water mark of the main channel of the lower Snake river from the head of Ice Harbor pool to the confluence of the Snake and Columbia rivers, and all groundwater within one mile of the high water mark. (13) This section expires June 30, 2012. [2006 c 6 § 4.] 90.90.040 Columbia river water supply inventory— Long-term water supply and demand forecast. (1) To support the development of new water supplies in the Columbia river and to protect instream flow, the department of ecology shall work with all interested parties, including interested county legislative authorities and watershed planning groups, adjacent to the Columbia river, and affected tribal governments, to develop a Columbia river water supply inventory and a long-term water supply and demand forecast. The inventory must include: (a) A list of conservation projects that have been implemented under this chapter and the amount of water conservation they have achieved; and (b) A list of potential water supply and storage projects in the Columbia river basin, including estimates of: (i) Cost per acre-foot; (ii) Benefit to fish and other instream needs; (iii) Benefit to out-of-stream needs; and 90.90.040 (2008 Ed.) 90.90.060 (iv) Environmental and cultural impacts. (2) The department of ecology shall complete the first Columbia river water supply inventory by November 15, 2006, and shall update the inventory annually thereafter. (3) The department of ecology shall complete the first Columbia river long-term water supply and demand forecast by November 15, 2006, and shall update the report every five years thereafter. [2006 c 6 § 5.] 90.90.050 Columbia river mainstem water resources information system. (1) In order to better understand current water use and instream flows in the Columbia river mainstem, the department of ecology shall establish and maintain a Columbia river mainstem water resources information system that provides the information necessary for effective mainstem water resource planning and management. (2) To accomplish the objective in subsection (1) of this section, the department of ecology shall use information compiled by existing local watershed planning groups, federal agencies, the Bonneville power administration, irrigation districts, conservation districts in the basin, and other available sources. The information shall include: (a) The total aggregate quantity of water rights issued under state permits and certificates and filed under state claims on the Columbia river mainstem and for groundwater within one mile of the mainstem; and (b) The total aggregate volume of current water use under these rights as metered and reported by water users under current law. (3) The department of ecology shall publish the aggregate data on the department’s web site no later than June 30, 2009, and shall periodically update the data. (4) For purposes of this section, the definition of Columbia river mainstem in RCW 90.90.030(12) shall apply and the use of the definition is solely limited to the purpose of collecting data to meet the information requirements of this section. [2006 c 6 § 6.] 90.90.050 90.90.060 Additional releases of water from Lake Roosevelt. (1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource management in the Columbia river basin. In its enactment, the legislature established that a key priority of water resource management in the Columbia river basin is the development of new water supplies to meet economic and community development needs concurrent with instream flow needs. (2) Consistent with this intent, the governor and the legislature are in agreement with the Confederated Tribes of the Colville Reservation and the Spokane Tribe of Indians to support additional releases of water from Lake Roosevelt. Because the sovereign and proprietary interests of these tribal governments are directly affected by water levels in Lake Roosevelt, the state intends to share a portion of the benefits derived from Lake Roosevelt water releases and to mitigate for any impacts such releases may have upon the tribes. (3) These new releases of Lake Roosevelt water of approximately eighty-two thousand five hundred acre feet of water, increasing to no more than one hundred thirty-two thousand five hundred acre feet of water in drought years, 90.90.060 [Title 90 RCW—page 173] 90.90.070 Title 90 RCW: Water Rights—Environment will bolster the state economy and will meet the following critical needs: New surface water supplies for farmers to replace the use of diminishing groundwater in the Odessa aquifer; new water supplies for municipalities with pending water right applications; enhanced certainty for agricultural water users with water rights that are interruptible during times of drought; and water to increase flows in the river when salmon need it most. (4) Nothing in chapter 82, Laws of 2008 expands, impairs, or otherwise affects the existing status and sovereignty of the tribal governments involved in Lake Roosevelt water releases pursuant to this section and RCW 90.90.070. [2008 c 82 § 1.] Effective date—2008 c 82: "This act takes effect July 1, 2008." [2008 c 82 § 4.] 90.90.070 Columbia river water delivery account— Creation—Distribution. (1) The Columbia river water delivery account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account consists of all moneys transferred or appropriated to the account by law. The legislature may appropriate moneys in the account: (a) For distributions for purposes of RCW 90.90.060 as provided in this section; and (b) To the department of ecology for other purposes relating to implementation of RCW 90.90.060 and 90.90.080. (2) On July 1, 2008, and each July 1st thereafter for the duration of the agreements described in RCW 90.90.060, the state treasurer shall transfer moneys from the general fund into the Columbia river water delivery account in the amounts described in subsection (3) of this section. (3) Subject to appropriations, on July 1, 2008, and each July 1st thereafter, the state treasurer shall distribute moneys from the Columbia river water delivery account as follows: (a) To the Confederated Tribes of the Colville Reservation, on July 1, 2008, the sum of three million seven hundred seventy-five thousand dollars; and on July 1, 2009, the sum of three million six hundred twenty-five thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year’s distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change on the implicit price deflator for personal consumption expenditures for the United States for the previous calendar year, as compiled by the bureau of economic analysis of the United States department of commerce and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency. (b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of two million two hundred fifty thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year’s distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change in the consumer price index for the Washington state Seattle-TacomaBremerton consolidated metropolitan statistical area for the previous calendar year as compiled by the bureau of labor statistics, United States department of labor, and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency. 90.90.070 [Title 90 RCW—page 174] (4) The state treasurer may not distribute moneys from the Columbia river water delivery account to a tribe pursuant to this section unless the director of ecology has certified in writing to the state treasurer and the legislature that the agreement with the tribes is still in effect. [2008 c 82 § 2.] Effective date—2008 c 82: See note following RCW 90.90.060. 90.90.080 Impacts of water release—Department of ecology’s duties. (1) Because the potential impacts of water releases under agreements reached under this chapter on affected counties are unknown, the department of ecology shall, by November 15, 2009: (a) Conduct an assessment of the potential impacts, including recommendations for mitigation, and report to [the] appropriate committees of the legislature; and (b) Establish a process for identifying and reporting on future impacts on the affected counties, and for making recommendations for mitigation. (2) Within the framework of Columbia river basin water resources management under this chapter, the department of ecology shall: (a) Provide technical assistance to help affected counties identify and develop competitive project applications to benefit both instream and out-of-stream uses; (b) Assist affected counties in exploring options to ensure water resources are available for their current and future needs. Such options include pursuing a memorandum of understanding with the affected counties that is consistent with RCW 90.90.005 to effectuate the purposes of this section. The memorandum of understanding shall be available for public comment for a period of thirty days before being signed by the department; and (c) Consider regional equity when making funding decisions on water supply applications. (3) As used in this section, "affected counties" means those counties east of the crest of the Cascade mountains with an international border, or those counties east of the crest of the Cascade mountains that border both a county with an international border and a county with four hundred thousand or more residents. [2008 c 82 § 3.] 90.90.080 Effective date—2008 c 82: See note following RCW 90.90.060. 90.90.900 Effective date—2006 c 6. This act takes effect July 1, 2006. [2006 c 6 § 10.] 90.90.900 (2008 Ed.) Title 91 WATERWAYS Title 91 Chapters 91.08 Public waterways. Appropriation of water for public and industrial purposes: Chapter 90.16 RCW. Assessments and charges against state lands: Chapter 79.44 RCW. Cities and towns dikes, levees, embankments—Authority to construct: RCW 35.21.090. waterways: Chapter 35.56 RCW. Construction projects in state waters: Chapter 77.55 RCW. Contracts with flood control districts: RCW 86.24.040. Counties, joint canal construction: RCW 36.64.060. Dams, height on tributaries of Columbia river: Chapter 77.55 RCW. Director of fish and wildlife may modify inadequate fishways and fish guards: RCW 77.57.040, 77.57.060. Easements over public lands: Chapter 79.36 RCW. Eminent domain: Title 8 RCW by cities—Condemnation authorized—Purposes enumerated: RCW 8.12.030. by corporations: Chapter 8.20 RCW. interest on verdict fixed—Suspension during pendency of appeal: RCW 8.28.040. notice where military land (state) is involved: RCW 8.28.030. First-class cities—City may let wharves: RCW 35.22.410. Flood control: Title 86 RCW. Harbors and tide waters: State Constitution Art. 15. Lake Washington ship canal: RCW 37.08.240. Lien for labor and materials on public works: Chapter 60.28 RCW. Marine employees—Public employment relations: Chapter 47.64 RCW. Material removed for channel or harbor improvement, or flood control— Use for public purpose: RCW 79.140.110. Navigation and harbor improvements: Title 88 RCW. Property taxes—Certain property exempt: RCW 84.36.010. Public contracts and indebtedness: Title 39 RCW. Sale of state-owned tidelands or shorelands to municipal corporation or state agency: RCW 79.125.700. State toll bridges, tunnels and ferries: Chapters 47.56 through 47.60 RCW. Tidelands, shorelands and harbor areas: Chapters 79.115, 79.125 RCW. Water rights: Title 90 RCW. Chapter 91.08 Chapter 91.08 RCW PUBLIC WATERWAYS Sections 91.08.010 91.08.020 91.08.030 91.08.060 91.08.070 91.08.080 91.08.090 91.08.100 91.08.110 91.08.120 91.08.130 91.08.140 (2008 Ed.) Public waterways authorized. Accessible lands defined. Petition—By whom signed—Contents—Notice of filing— Discharge of proceedings. Cost bond filed with petition. Petition may be amended—Order for hearing—Notice— Record. Hearing—Findings—Order. Board’s powers and duties—In general—County immune from expense. Board’s powers and duties—Right of eminent domain. Bridging part of cost. Eminent domain—Order to acquire or condemn property. Eminent domain—Petition to condemn. Eminent domain—Summons. 91.08.150 91.08.160 91.08.170 91.08.180 91.08.190 91.08.200 91.08.210 91.08.220 91.08.230 91.08.240 91.08.250 91.08.260 91.08.270 91.08.280 91.08.290 91.08.300 91.08.310 91.08.320 91.08.330 91.08.340 91.08.350 91.08.360 91.08.370 91.08.380 91.08.390 91.08.400 91.08.410 91.08.420 91.08.430 91.08.440 91.08.450 91.08.460 91.08.465 91.08.480 91.08.485 91.08.490 91.08.500 91.08.510 91.08.520 91.08.530 91.08.540 91.08.550 91.08.560 91.08.570 91.08.575 91.08.580 91.08.590 91.08.600 91.08.610 91.08.620 91.08.630 91.08.640 91.08.650 91.08.660 Eminent domain—Service in case of public lands—Legal counsel. Eminent domain—Finding of public use—Jury—Dismissal. Eminent domain—New parties may be admitted. Eminent domain—Jury may view property. Eminent domain—Measure of damage to buildings. Eminent domain—Findings as interests appear—Interpleader. Eminent domain—Procedure after findings. Eminent domain—Substitution of new owner as defendant. Eminent domain—Guardian ad litem. Eminent domain—Damage irrespective of benefits. Eminent domain—Finality of judgment—Appellate review— Waiver of review. Eminent domain—Decree of appropriation. Assessment procedure—Petition—Assessment commissioners. Assessment procedure—Oath and compensation of commissioners. Assessment procedure—Apportionment of assessment. Assessment procedure—Assessment roll. Assessment procedure—Order for hearing on roll—Notice. Assessment procedure—Proof of service of notice. Assessment procedure—Cause may be continued. Assessment procedure—Hearing—Findings—Judgment. Assessment procedure—Roll may be recast—New commissioners. Assessment procedure—Judgment separate as to each tract— Effect of appeal. Assessment procedure—Roll certified to treasurer—Interest on assessment upon appeal. Assessment procedure—Notice of filing roll. Payment of assessment—Alternate methods. Payment of assessment—Record of payment without interest. Payment of assessment—Installments—Collection. Payment of assessment—Record of installment payments. Payment of assessment—Payment in full or in part—Interest—Segregation. Payment of assessment—Interest on last installment. Payment of assessment—Land taken for public use. Payment of assessment—Treasurer’s report. Bonds—Authorized—Purposes for issuance. Bonds—Terms, form, interest, execution. Bonds—Sale or exchange for par value. Bonds—Sale of. Bonds—Payment. Bonds—Recourse of owner limited to special assessment— Bond to so state. Invalidity of assessments—Reassessment. Construction—Contractor’s bond—Bidder’s deposit— Claims. Construction—Installment payments—Reserve. Warrants. Warrants—Payment. Public lands not devoted to public use to be treated as private lands. Public lands not devoted to public use to be treated as private lands—Assessment. Appellate review. Payment of assessments by satisfying judgment. Purchase of filling material. Surplus money in district fund transferred to road fund. Unclaimed funds, disposal of. Waterways as highways—Control of. Fees for serving process. Enforcement. Construction—1911 c 23. 91.08.010 Public waterways authorized. Whenever in any county of this state the owners of lands bordering upon or accessible to any navigable water shall desire to improve their said lands, hereinafter designated as the "district," by the 91.08.010 [Title 91 RCW—page 1] 91.08.020 Title 91 RCW: Waterways construction of a new public waterway, or the deepening or enlargement of an existing public waterway, for the floatage of vessels and the drainage of swamp and overflowed lands, and the proposed improvement will increase the public revenues and be of other public benefit, they may present the plan of such proposed waterway to the board of county commissioners of such county, hereinafter designated the "board," and have the same acted upon as provided in this chapter. [1911 c 23 § 1; RRS § 9777.] 91.08.020 91.08.020 Accessible lands defined. Lands shall be deemed accessible to such waterway when by reason of their nearness to the same their value will be materially increased by the construction or deepening or widening of such waterway. [1911 c 23 § 2; RRS § 9778.] 91.08.030 91.08.030 Petition—By whom signed—Contents— Notice of filing—Discharge of proceedings. The plan of such proposed waterway shall be presented to the board by a written petition of owners of lands which it is represented will be improved by the construction, deepening or widening of such waterway; and such petition shall be signed by the owners of thirty-five percent or more of the area of lands in the district, and shall be verified by one or more of the petitioners to the effect that the signatures attached are the genuine signature of the persons or corporations signing the same. Each petitioner shall add a description of the lands he owns. If petitioners are unmarried persons they shall so state. If lands are owned by married persons, husband and wife shall join in the petition. If a petitioner is a corporation, the signature shall be accompanied by a certified copy of a resolution of the board of directors or trustees of the corporation authorizing the person signing the petition for the corporation to execute it. If lands included in the petition are owned by minors, insane persons, or other persons under guardianship in this state, the petition may be signed by the guardians of such persons: PROVIDED, That the signature be accompanied by a certified copy of an order of the superior court having the guardianship of such person in charge, authorizing the guardian to sign the petition. A petition may consist of one or more separate papers or sheets which are identified with the subject matter. The petitioners shall file with the board, with their petition, a map of the lands in the district and a statement showing each separate ownership of lands as shown by the public records of the county, and their location in the county, with the names of the owners as shown by such records, and the location of the proposed waterway if a new waterway is to be constructed. If an existing waterway is to be deepened the map shall show its location, and if it is to be widened the map shall show its location and the extent to which it is to be widened. With the petition there shall also be presented satisfactory evidence from the real property records of the county that the petitioners are severally the owners in fee simple of their respective tracts of land, and that all taxes and assessments due thereon are paid. If it is proposed that any lands in the district shall be filled with the material dug or dredged from such waterway, the petition shall so state, and the map of the district and plan of the improvement shall show the location, depth and yardage of such fill. The petition may also [Title 91 RCW—page 2] fix the price per cubic yard at which such fill shall be charged to the land filled, which charge shall be added to the assessment for the improvement to be made upon such lands and be paid as a part thereof. If the price of filling is not fixed by the petition it may be fixed by the board. At any time after the filing of such petition one or more of the petitioners may file and record in the office of the auditor of the county, notice of the pendency of the proceeding, describing the boundaries of the proposed district, and from the time of such filing all persons shall be deemed to have notice of the pendency of the proceeding and be bound thereby. Upon the hearing upon such petition, hereinafter provided, if the same be denied any person interested may file in the office of said county auditor a certified copy of the order denying the same, whereupon the auditor shall enter the discharge of the notice of the pendency of the proceeding on the margin of the record thereof. And the like discharge may be filed whenever the proceeding is terminated for any other reason. [1911 c 23 § 3; RRS § 9779. Formerly RCW 91.08.030, 91.08.040, and 91.08.050.] 91.08.060 91.08.060 Cost bond filed with petition. Said petitioners shall at the time of filing their petition with the board, file a bond executed by one or more of their number as principals, and in behalf of all, and by a surety corporation authorized to become surety upon public bonds in this state, which bond shall run to the state of Washington as obligee and be in the sum of five hundred dollars, conditioned that they will pay all costs of the proceeding in case for any reason the petition shall not be granted, or in case no fund shall thereafter be created for the payment of the expense attending said proposed waterway improvement. And said petitioners shall, from time to time as the board shall estimate and order, pay the costs and expenses of such proceeding. [1911 c 23 § 4; RRS § 9780.] 91.08.070 91.08.070 Petition may be amended—Order for hearing—Notice—Record. The petition, after the filing thereof, shall be taken up and considered by the county legislative authority at the next regular or special meeting thereof, or as soon thereafter as may be convenient, and if the petition be defective in any particular it may be amended and an adjournment of the matter may be had to permit of the amendment, for a time not exceeding thirty days. If the petition be defective and be not sufficiently amended within the adjournment taken, it shall be dismissed. But if the petition is sufficient, or if by amendment it be made sufficient, it shall be the duty of the county legislative authority to enter an order setting a time for a public hearing thereon within thirty days from the date of the order, and directing the clerk of the county legislative authority to give notice of the time and place of the hearing in the official newspaper of the county by publication therein at least once each week for three successive weeks before the time of hearing. The notice shall be addressed to the owners of lands not petitioning, as shown by the petition or as may be ascertained to be the fact, and to all other persons known and unknown having or claiming an interest in the lands in the district, and shall state the pendency of the proceeding, its object, the names of the signers of the petition, the number of acres of land they claim to own, (2008 Ed.) Public Waterways the whole number of acres proposed to be improved, the boundaries of the lands to be included in the improvement district, and the time and place of hearing. And notice shall also be given that at the time and place named, or at such time as the same may be adjourned to, the board will consider the petition under the provisions of this chapter, and will hear all objections offered by interested parties and grant or refuse the petition as it may be advised. The clerk of the board shall keep a record of all orders, hearings and proceedings of the board in reference to the waterway district in a separate bound book, designated as the record of proceedings as to such district. [1985 c 469 § 96; 1911 c 23 § 5; RRS § 9781.] 91.08.080 Hearing—Findings—Order. At the time and place prescribed in the said notice any owner of land within said proposed improvement district may file with the board his written consent to the proposed improvement, and he shall then be considered as a petitioner; and if the owners of more than one half of the lands within the district, including the lands represented by the petition, shall assent to the prayer of said petition, the board shall then proceed to hear and consider any objections which may have been filed at that or any previous time, and may adjourn such hearing from day to day. If the board after full hearing on the merits of the proposed waterway shall be satisfied that the same will be of benefit to the public interests, and that private benefit will result to the lands within the district sufficient to equal the cost of the proposed improvement, they may make findings accordingly and declare their intention to establish the waterway district under the name of the ". . . . . . Waterway District" and make the improvement as prayed for; but if the owners of less than one half of the lands in the district shall assent to the creation thereof and the making of the proposed improvement, the board shall deny the petition and the proceeding shall be dismissed. [1911 c 23 § 6; RRS § 9782.] 91.08.080 91.08.090 Board’s powers and duties—In general— County immune from expense. Upon the entry of an order creating such waterway district by the board, it shall have power to perform all the duties and exercise all of the authority conferred upon it by this chapter, and shall have the right to sue and be sued in all matters pertaining to such district as the representative thereof, in the same manner and to the same extent as in all other county affairs. But such district shall bear all the expenses of such action on the part of the board, and the county shall be at no expense or charge therefor. [1911 c 23 § 7; RRS § 9783.] 91.08.090 91.08.100 Board’s powers and duties—Right of eminent domain. Said board shall have the right of eminent domain for the acquisition of lands necessary to the construction or widening of the proposed waterway, and may cause all necessary lands to be condemned and appropriated or damaged for the use of said waterway, and make just compensation therefor. The private property of the state, the county, and other public or quasi-public corporations (except incorporated cities and towns), and of private corporations, shall be subject to the same rights of eminent domain at the suit of said board as the property of private individuals. [1911 c 23 § 8; RRS § 9784.] 91.08.100 (2008 Ed.) 91.08.150 91.08.110 Bridging part of cost. Whenever in aid of the construction or widening of any such waterway it shall be necessary to cross or disturb any existing public highway or railroad, the cost of bridging the waterway or otherwise substantially continuing the highway or railroad may be ascertained and paid as a part of the cost of the improvement if such cost is not otherwise provided for. [1911 c 23 § 9; RRS § 9785.] 91.08.110 91.08.120 Eminent domain—Order to acquire or condemn property. Whenever the said board shall desire to condemn and acquire land, or damage lands or property for any purpose authorized by this chapter, said board shall make an order therefor wherein it shall be provided that such land or damages shall be paid for wholly by special assessment upon the property within said waterway district, and the proceeding thereafter shall be as herein specified. [1911 c 23 § 10; RRS § 9786.] 91.08.120 91.08.130 Eminent domain—Petition to condemn. The board shall file a petition, verified by its chairman and signed by the prosecuting attorney, in the superior court of the county, praying that the property described may be taken or damaged for the purpose specified and that compensation therefor be ascertained by a jury or by the court in case a jury be waived. Such petition shall allege the creation of the waterway district and contain a copy of the order directing the proceeding, a reasonably accurate description of the lots or parcels of land or other property which will be taken or damaged, and the names of the owners and occupants of said lands and of said persons having any interest therein so far as known to the said board, or as appears from the records in the office of the county auditor. [1911 c 23 § 11; RRS § 9787.] 91.08.130 91.08.140 Eminent domain—Summons. Upon the filing of the petition aforesaid a summons returnable as summons in other civil actions, shall be issued and served upon the persons made parties defendant, together with a copy of the petition, as in other civil actions; and in case any of the defendants are unknown or reside out of the state, a summons for publication shall issue and publication be made and return and proof thereof be made in the same manner as is or shall be provided by the laws of the state for service upon nonresident or unknown defendants in other civil actions. Notice so given by publication shall be sufficient to authorize the court to hear and determine the suit as though all parties had been sued by their proper names and had been personally served. [1911 c 23 § 12; RRS § 9788.] 91.08.140 Civil procedure—Commencement of actions: Chapter 4.28 RCW. 91.08.150 Eminent domain—Service in case of public lands—Legal counsel. In case the land or other property sought to be taken or damaged is state land, the summons and copy of petition shall be served upon the commissioner of public lands; if it is county land it shall be served upon the county auditor, and if school land, upon the county auditor and the chairman of the board of directors of the school district. Service upon other parties defendant, public or private, shall be made in the same manner as is or shall be provided by law for service of summons in other civil actions. If the 91.08.150 [Title 91 RCW—page 3] 91.08.160 Title 91 RCW: Waterways state is made a defendant the attorney general shall represent it. If the county is a defendant the court shall appoint an attorney to represent it at all stages of the proceedings, and may allow him compensation for his services as costs of the proceeding. [1911 c 23 § 13; RRS § 9789.] replaced on premises of the owner, then the measure of damages shall be the cost of readjusting or moving the building or part thereof left, together with the depreciation in the market value of said building by reason of said readjustment or moving. [1911 c 23 § 17; RRS § 9793.] Civil procedure—Commencement of actions: Chapter 4.28 RCW. Department of natural resources to exercise powers and duties—Indemnification of private parties: RCW 43.30.411. Eminent domain where state land is involved: RCW 8.28.010. Public lands treated as private lands: RCW 91.08.570. 91.08.160 Eminent domain—Finding of public use— Jury—Dismissal. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition and shall adjudicate whether the proposed condemnation is for a public use, and if its judgment is that the proposed use is public, it shall empanel a jury to ascertain the just compensation to be paid for the lands or property taken or damaged, unless a jury be waived; but if any defendant or party in interest shall demand, and the court shall deem it proper, separate juries may be empaneled as to the separate compensation or damages to be paid to any one or more of such defendants or parties in interest. Should the court determine that the proposed use is not public, it shall dismiss the proceeding. [1911 c 23 § 14; RRS § 9790.] 91.08.160 91.08.170 Eminent domain—New parties may be admitted. The jury or court shall also ascertain the just compensation to be paid to any person found to have an interest in any lot or parcel of land or property which may be taken or damaged for such improvement, whether or not such person’s name or such lot or parcel of land or other property is mentioned or described in said petition: PROVIDED, That such person shall first be admitted as a party defendant to such suit by such court and shall file a statement of his interest in, and a description of, the lot or parcel of land or other property in respect to which he claims compensation. [1911 c 23 § 15; RRS § 9791.] 91.08.170 Procedure after findings: RCW 91.08.210. Substitute defendant: RCW 91.08.220. 91.08.180 Eminent domain—Jury may view property. The court may upon motion of the petitioners, or of any defendant, direct that the jury under the charge of an officer of the court and accompanied by such person or persons as may be appointed by the court to point out the property sought to be taken or damaged, shall view the lands or property taken or damaged for the proposed improvement. [1911 c 23 § 16; RRS § 9792.] 91.08.180 91.08.190 Eminent domain—Measure of damage to buildings. If there be any building standing in whole or in part upon any land to be taken, the jury or court shall add to the finding of the value of the land taken, the value or damage to such building as the case may require. If the entire building is taken, or if it is damaged so that it cannot be readjusted to premises of the owner, then the measure of damages shall include the fair market value of the building. If part of the building is taken, or it is damaged but can be readjusted or 91.08.190 [Title 91 RCW—page 4] 91.08.200 Eminent domain—Findings as interests appear—Interpleader. If the land and buildings belong to different parties, or if the title to the property be divided into different interests by lease or otherwise, the damage done to each of such parties or interests may be separately found by the jury or court on the written request of any party. And in making such findings the jury or court shall first find and set forth the total amount of the damage to said lands and buildings and all premises therein, estimating the same as an entire estate and as if the same were the sole property of one owner in fee simple; and they shall then apportion the damages so found among the several parties entitled to the same in proportion to their several interests and claims. But no delay in ascertaining the amount of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property or any part thereof, or as to the extent of the interest of any defendant in the property to be taken or damaged, but in such case the jury or court shall ascertain the entire compensation or damage that should be paid for the property and the court may thereafter require adverse claimants to interplead so as to fully determine their rights and interests in the compensation so ascertained, and may make such order as may be necessary in regard to the deposit or payment of such compensation and the division thereof. [1911 c 23 § 18; RRS § 9794.] 91.08.200 91.08.210 Eminent domain—Procedure after findings. Upon the filing of the findings of the jury or court, the proceedings of the court regarding new trial and the entry of judgment thereon, shall be the same as in other civil actions, and the judgment shall be such as the nature of the case may require. The final judgment of the court shall be that the lands and property taken and damaged shall, upon payment of the sums awarded, vest in the county as and for a public waterway. The court shall continue or adjourn the case from time to time as to all defendants named in such petition who shall not have been served with process or brought in by publication, and new summons may issue or new publication be made at any time, and upon such defendants being brought in the court may empanel a jury to ascertain the compensation so to be made to such defendants for property taken or damaged, or may proceed without a jury if none be demanded, and like proceedings shall be had for such purpose as are herein provided. [1911 c 23 § 19; RRS § 9795.] 91.08.210 Civil procedure judgments: Chapters 4.56 through 4.64, 4.72 RCW. new parties may be admitted: RCW 91.08.170. new trials: Chapter 4.76 RCW. 91.08.220 Eminent domain—Substitution of new owner as defendant. The court shall have power at any time, upon proof that any defendant who has not been served with process has ceased to be an owner since the filing of such petition, to substitute the new owner as a defendant, and after due service of the summons and petition upon him pro91.08.220 (2008 Ed.) Public Waterways ceed as though he had been a party in the first instance; and the court may upon any finding of the jury, or at any time during the course of the proceedings, enter every such order, rule, judgment or decree as the nature of the case may require. [1911 c 23 § 20; RRS § 9796.] New parties may be admitted: RCW 91.08.170. Procedure after findings: RCW 91.08.210. 91.08.230 Eminent domain—Guardian ad litem. When it shall appear from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, insane or distracted person is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for such infant or insane or distracted person to appear and defend for him, her or them; and the court shall make such order or decree as it shall deem proper to protect and secure the interest of such infant or insane or distracted person in such property, or the compensation which shall be awarded therefor. [1911 c 23 § 21; RRS § 9797.] 91.08.230 91.08.240 Eminent domain—Damage irrespective of benefits. The compensation to be ascertained by the jury or court shall be irrespective of any benefit from the improvement proposed, and the finding shall state separately the value of land taken from any tract and the damage, if any, to remaining land by reason of the severance. [1911 c 23 § 22; RRS § 9798.] 91.08.240 91.08.250 Eminent domain—Finality of judgment— Appellate review—Waiver of review. Any final judgment rendered by said court upon the findings of the court or a jury, shall be the lawful and sufficient condemnation of the land or property to be taken, or of the right to damage the same in the manner proposed, upon the payment of the amount of such findings and all costs which shall be taxed as in other civil cases: PROVIDED, That in case any defendant recovers no award, no costs shall be taxed. Such judgment shall be final and conclusive as to the damages caused by such improvement, unless appellate review is sought, and no review shall delay proceedings under the order of said board if it shall pay into court for the owners and parties interested, as directed by the court, the amount of the judgment and costs; but such board after making such payment into court shall be liable to such owner or owners, or parties interested, for the payment of any further compensation which may at any time be finally awarded to such parties seeking review in said proceeding, and his or her costs, and shall pay the same on the rendition of judgment therefor and abide any rule or order of the court in relation to the matter in controversy. In case of review by the supreme court or the court of appeals of the state, the money so paid into the superior court by the board, as aforesaid, shall remain in the custody of said superior court until the final determination of the proceedings. If the owner of the land, real estate, premises, or other property, accepts the sum awarded by the jury or the court, he shall be deemed thereby to have waived conclusively appellate review and final judgment may be rendered in the superior court as in other cases. [1988 c 202 § 94; 1971 c 81 § 180; 1911 c 23 § 23; RRS § 9799.] 91.08.250 Rules of court: Cf. RAP 2.5(b). (2008 Ed.) 91.08.280 Severability—1988 c 202: See note following RCW 2.24.050. Appellate review: RCW 91.08.580. Civil procedure—Costs: Chapter 4.84 RCW. 91.08.260 91.08.260 Eminent domain—Decree of appropriation. The court upon proof that the judgment, together with costs, has been paid to the person entitled thereto, or has been paid into court, shall enter an order that the board shall have the right at any time thereafter to take possession of or damage the property in respect to which such compensation shall have been so made or paid into court as aforesaid, and thereupon the title to any property so taken shall be vested in fee simple in the public as a water highway. [1911 c 23 § 24; RRS § 9800.] 91.08.270 91.08.270 Assessment procedure—Petition—Assessment commissioners. Said board shall, upon the entry of the condemnation judgment, file in the same proceeding a supplementary petition, praying the court that an assessment be made upon the lands in the district for the purpose of raising an amount necessary to pay the compensation and damages awarded for the property taken or damaged, with costs of the proceedings, and for the estimated cost of the proposed improvement; and the court shall thereupon appoint three competent disinterested persons as commissioners to make such assessment. Said commissioners shall include in such assessment the compensation and damages awarded for the property taken or damaged, with legal interest from the date of entry of the judgment, and with all costs and expenses of the proceedings incurred to the time of their appointment, or to the time when said proceedings was referred to them, together with the probable further costs and expenses of the proceeding, including therein the estimated cost of making and collecting such assessment. The petitioners for the improvement shall be entitled to have included in the costs of the proceeding, and repaid to them, such reasonable sums as they may have expended in preparing the maps and plans of the improvement and procuring the names of landowners for filing with the petition. Such expenditures to be approved and allowed by the court. [1911 c 23 § 25; RRS § 9801.] Invalidity of assessments—Reassessment: RCW 91.08.520. Public lands treated as private lands—Assessment of: RCW 91.08.575. 91.08.280 91.08.280 Assessment procedure—Oath and compensation of commissioners. Said commissioners, before entering upon their duties, shall take and subscribe an oath that they will faithfully perform the duties of the office to which they are appointed, and will to the best of their abilities make true and impartial assessments according to the law. Every commissioner shall receive compensation at the rate of five dollars per day for each day actually spent in making the assessment herein provided for, upon his filing in the proceeding a verified statement showing the number of days he has actually spent therein; and upon the approval of said statement by the judge of the court in which the proceeding is pending, the board shall issue a warrant in the amount so approved, upon the special fund created to pay the awards and costs of said proceeding; and the fees of such commissioners so paid, and all expenses returned by them and [Title 91 RCW—page 5] 91.08.290 Title 91 RCW: Waterways allowed by the court shall be included in the cost and expense of such proceeding. [1911 c 23 § 26; RRS § 9802.] 91.08.290 Assessment procedure—Apportionment of assessment. It shall be the duty of such commissioners to examine the lands in the district and to apportion and assess the amount of the judgment, interest and costs as hereinbefore defined, of the condemnation proceeding, and of the estimated cost of the proposed improvement, and of the price of any fill made with material dug or dredged from such waterway, upon the several lots, blocks, tracts and parcels of land in said district, in the proportion in which they will be severally benefited; which assessment shall be a proportionate charge upon each square foot of land contained in each separate lot, block, tract or parcel of land. [1911 c 23 § 27; RRS § 9803.] 91.08.290 91.08.300 Assessment procedure—Assessment roll. The commissioners shall make or cause to be made an assessment roll in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land or other property, and the amounts assessed thereon as special benefits thereto, specifying separately the benefits from the opening of the waterway, for construction, and for fill if any, and certify such assessment roll to the court before which said proceeding is pending, within sixty days after the date of the order referring said proceeding to them, or within such extension of said period as shall be allowed by the court. In determining the benefit to be assessed upon any lot or parcel of land for the opening of the waterway, the commissioners shall ascertain from the finding of the court or jury whether or not it is remaining land after the severance of land taken from an original lot or parcel for right-of-way of such proposed waterway, and the damage awarded to such remaining land, if any, allowed by reason of the severance; and for such opening shall assess as benefits to such remaining land only the excess of the benefit accruing thereto over the damage awarded by the finding. [1911 c 23 § 28; RRS § 9804.] 91.08.300 91.08.310 Assessment procedure—Order for hearing on roll—Notice. Upon its completion the commissioners shall return their assessment roll into court, and thereupon the court shall make an order setting a time for the hearing thereon before the court, which day shall be at least thirty days after the entry of the order. The commissioners shall give notice of the assessment and of the day fixed by the court for the hearing thereon in the following manner: (1) They shall at least twenty days prior to the date fixed for the hearing on the roll, mail to each owner of the property assessed, whose name and address is known to them, a notice substantially in the following form: 91.08.310 "(Title of cause.) To . . . . . .: Pursuant to an order of the superior court of the State of Washington, in and for the county of . . . . . . there will be a hearing in the above entitled cause on . . . . . . at . . . . . . upon the assessment roll prepared by the commissioners heretofore appointed by the court to assess the property specially benefited by the (here describe nature of improvement); and you are hereby required if you desire to make any objection to the assessment roll, to file your objections to the same before the date herein fixed for [Title 91 RCW—page 6] the hearing upon the roll, a description of your property and the amount assessed against it for the aforesaid improvement is as follows: (Description of property and amount assessed against it.) ........................ ........................ ........................ Commissioners." (2) They shall cause at least twenty days’ notice to be given of the hearing by publishing the same at least once a week for two successive weeks in the official county newspaper. The notice so required to be published may be substantially as follows: "(Title of cause.) Special Assessment Notice. Notice is hereby given to all persons interested, that an assessment roll has been filed in the above entitled cause providing for the assessment upon the property benefited of the cost of (here insert brief description of improvement) and that the roll has been set down for hearing on the . . . . day of . . . . . . at . . . . The boundaries of the assessment district are substantially as follows: (here insert an approximate description of the assessment district.) All persons desiring to object to the assessment roll are required to file their objections before said date fixed for the hearing upon the roll, and appear on the day fixed for hearing before the court. ........................ ........................ ........................ Commissioners." [1985 c 469 § 97; 1911 c 23 § 29; RRS § 9805.] 91.08.320 Assessment procedure—Proof of service of notice. On or before the day fixed for the hearing, the affidavit of one or more of the commissioners shall be filed in said court showing the mailing of the notices above prescribed, and an affidavit of the publisher of the newspaper showing the publication of notice, with a copy of the published notice attached, which affidavit shall be received as prima facie proof of the giving of notice as herein required. [1911 c 23 § 30; RRS § 9806.] 91.08.320 91.08.330 Assessment procedure—Cause may be continued. If twenty days shall not have elapsed between the first publication of such notice and the day set for hearing, the hearing shall be continued until such time as the court shall order. The court shall retain full jurisdiction of the matter until final judgment on the assessments, and if the notice given shall prove invalid or insufficient the court shall order new notice to be given. [1911 c 23 § 31; RRS § 9807.] 91.08.330 91.08.340 Assessment procedure—Hearing—Findings—Judgment. Any person interested in any property assessed and desiring to object to the assessment thereon, shall file his objections to such report at any time before the day set for hearing said roll, and serve a copy thereof upon the prosecuting attorney. As to all property to the assessment upon which no objections are filed and served, as herein provided, default may be entered and the assessment confirmed by the court. On the hearing of objections the report of the 91.08.340 (2008 Ed.) Public Waterways commissioners shall be competent evidence to support the assessment, but either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law tried by the court without a jury; and if it shall appear that the property of the objector is assessed more or less than it will be benefited, or more or less than its proportionate share of the cost of the condemnation and improvement, the court shall so find, and it shall also find the amount in which said property ought to be assessed and correct the assessment accordingly. Judgment shall be entered confirming the assessment roll as originally filed or as corrected, as the case may require. [1911 c 23 § 32; RRS § 9808.] be sufficient warrant to the county treasurer to collect the assessments therein specified in the manner hereinafter provided. [1911 c 23 § 35; RRS § 9811.] 91.08.380 Assessment procedure—Notice of filing roll. The treasurer receiving such certified copy of the assessment roll and judgment shall immediately give notice thereof by publishing such notice at least once in the official newspaper or newspapers of such county, if such newspaper or newspapers there be; and if there be no such official newspaper, then by publishing such notice in some newspaper of general circulation in the county. Such notice may be in substantially the following form: 91.08.380 Civil procedure: Title 4 RCW. 91.08.350 Assessment procedure—Roll may be recast—New commissioners. The court before which any such proceeding may be pending shall have authority at any time before final judgment to modify, alter, change, annul or confirm any assessment roll returned as aforesaid, or cause any such assessment roll to be recast by the same commissioners whenever it shall be necessary for the obtainment of justice; or it may appoint other commissioners in the place of all or any of the commissioners first appointed for the purpose of making such assessment or modifying, altering, changing or recasting the same, and may take all such proceedings and make all such orders as may be necessary to make a true and just assessment of the cost of such condemnation and improvement according to the principals of this chapter, and may from time to time, as may be necessary, continue the proceeding for that purpose as to the whole or any part of the premises. [1911 c 23 § 33; RRS § 9809.] 91.08.350 91.08.410 "SPECIAL ASSESSMENT NOTICE. Public notice is hereby given that the superior court of . . . . . . county, State of Washington, has rendered judgment for a special assessment upon property benefited by the following improvement (here insert the character and location of the improvement in general terms) as will more fully appear from the certified copy of the assessment roll on file in my office, and that the undersigned is authorized to collect such assessments. All persons interested are hereby notified that they can pay the amounts assessed, or any part thereof, without interest, at my office (here insert location of office) within sixty days from the date hereof. Dated this . . . . day of . . . . . . A.D. 19. . . ........................... Treasurer of . . . . . . . . . . . . . . . . . county, Washington." [1911 c 23 § 36; RRS § 9812.] Invalidity of assessments—Reassessment: RCW 91.08.520. 91.08.390 Payment of assessment—Alternate methods. The owner of any land charged with an assessment under this chapter, may discharge the same from all liability for the cost of such condemnation and improvement by paying the entire assessment charged against his land, without interest, within the time fixed by the notice of the county treasurer for the payment thereof; or within said time he may pay a part of such assessment and allow the remainder to continue as an assessment upon his land to be collected and paid as hereinafter provided; or within said time he may pay the entire assessment per square foot upon any part of his land, providing that he shall when paying such partial assessment give to the treasurer a description of the tract paid for. [1911 c 23 § 37; RRS § 9813.] 91.08.390 91.08.360 Assessment procedure—Judgment separate as to each tract—Effect of appeal. The judgment of the court confirming the assessment roll shall have the effect of a separate judgment as to each tract or parcel of land or other property assessed, and any appeal from such judgment shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. Such judgment shall be a proportionate lien upon each square foot of the property assessed from the date of entry until payment shall be made. [1911 c 23 § 34; RRS § 9810.] 91.08.360 Appellate review: RCW 91.08.580. 91.08.370 Assessment procedure—Roll certified to treasurer—Interest on assessment upon appeal. The clerk of the court in which such judgment is rendered shall certify a copy of the assessment roll as confirmed, and of the judgment confirming the same, to the treasurer of the county, or if there has been an appeal taken from any part of such judgment, then he shall certify such part of the roll and judgment as is not included in such appeal, and the remainder when final judgment is entered: PROVIDED, That if upon such appeal the judgment of the superior court shall be affirmed, the assessments on such property as to which appeal has been taken shall bear interest at the same rate and from the same date which other assessments not paid within the time hereafter provided shall bear. Such copy of the assessment roll shall 91.08.370 (2008 Ed.) Payment of assessments by satisfying judgment: RCW 91.08.590. 91.08.400 Payment of assessment—Record of payment without interest. When any assessment shall be paid either in full or in part only, within the time for payment without interest fixed by his notice, the treasurer shall note the fact of such payment opposite the assessment. [1911 c 23 § 38; RRS § 9814.] 91.08.400 91.08.410 Payment of assessment—Installments— Collection. Immediately after the expiration of the time fixed by his notice for payment of assessments without interest, the treasurer shall divide the several assessments which 91.08.410 [Title 91 RCW—page 7] 91.08.420 Title 91 RCW: Waterways remain unpaid in whole or in part into ten equal amounts or installments, as near as may be, without fractional cents, and enter said installments upon the roll opposite the several assessments, numbering the same from one to ten successively. And thereafter said treasurer shall annually for ten years, before the time fixed by law for the collection of state and county taxes, add one of the said assessment installments with interest for one year from the expiration of the time for payment without interest, or of the anniversary thereof, at a rate determined by the board on the entire unpaid assessment, to the tax levied upon the property assessed, where said tax appears upon the county tax roll, and collect said installment and interest, without reduction of percentage for prepayment, at the same time and in the same manner as state and county taxes are collected. And after delinquency said installments and interest shall be subject to the same charges for increased interest and penalties as are other delinquent taxes. But no tax sale of lands assessed under this chapter shall discharge the same from the lien of any unpaid installments of the assessment against it until all installments and interest are fully paid. [1981 c 156 § 34; 1911 c 23 § 39; RRS § 9815.] Collection of taxes: Chapter 84.56 RCW. 91.08.420 91.08.420 Payment of assessment—Record of installment payments. As each assessment installment is paid the treasurer shall note the payment thereof in the proper place upon the assessment roll. [1911 c 23 § 40; RRS § 9816.] 91.08.430 91.08.430 Payment of assessment—Payment in full or in part—Interest—Segregation. The owner of any lands assessed under this chapter may at any time after the time fixed by the treasurer’s notice for payment without interest, discharge his lands from the unpaid assessment by paying the principal of all installments unpaid with interest thereon at a rate determined by the board to the next anniversary of the time fixed as aforesaid; or he may pay one or more installments, with like interest, beginning with installment number ten and continuing in the inverse numerical order of installments. The successor in title to any part of his lands may have the proportionate assessment segregated on the roll and charged to such part upon his producing to the treasurer his recorded deed to such part. [1981 c 156 § 35; 1911 c 23 § 41; RRS § 9817.] 91.08.440 91.08.440 Payment of assessment—Interest on last installment. The last installment of any assessment paid shall include interest thereon at a rate determined by the board to the actual date of payment. [1981 c 156 § 36; 1911 c 23 § 42; RRS § 9818.] 91.08.450 91.08.450 Payment of assessment—Land taken for public use. Should any of the lands assessed under this chapter be taken for or dedicated to public use, for highway or any other public purpose, before the taking or dedication shall be complete or take effect there shall be paid to the county treasurer a sum equal to the principal of the unpaid assessment upon said land at its proportionate rate per square foot, with interest thereon for one year at a rate determined by the board; and the treasurer shall credit the principal sum paid to [Title 91 RCW—page 8] the unpaid installments upon the tract as originally assessed. [1981 c 156 § 38; 1911 c 23 § 43; RRS § 9819.] 91.08.460 91.08.460 Payment of assessment—Treasurer’s report. Immediately after expiration of the time fixed by the treasurer for the payment of assessments levied under this chapter, he shall report to the board in writing the sum collected by him and in his hands to the credit of the assessment roll; and thereafter and on or before the first days of January and July in each year he shall make written reports to said board of the sums collected by him upon said roll, stating in detail the amount of principal, interest and penalty so collected, the amount of principal remaining uncollected, and also, in detail, the principal and interest paid out by him under authority of the board, and the balance in his hands to the credit of the roll. [1911 c 23 § 44; RRS § 9820.] 91.08.465 91.08.465 Bonds—Authorized—Purposes for issuance. Should the owners of any lands assessed to pay for an improvement contemplated by this chapter, fail to pay the assessments thereon in full on or before the day fixed by the treasurer’s notice as the time for payment without interest, the board shall provide and issue bonds of the district to the total amount of the unpaid assessments, which bonds may either be issued to persons contracting to perform the work of making the improvement, or exchange with them for warrants; or be issued in exchange for work or materials; or they may be sold outright as hereinafter provided. Such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 265; 1911 c 23 § 45; RRS § 9821. Formerly RCW 91.08.470, part.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 91.08.480 91.08.480 Bonds—Terms, form, interest, execution. (1) Such bonds shall be issued pursuant to an order made by the board and by their terms shall be made payable on or before a date not to exceed ten years from and after the date of their issue, which latter date shall also be fixed by such order. They shall bear interest at the rate or rates as authorized by the board, which interest shall be payable semiannually at periods named; shall be of such denomination as shall be provided in the order directing the issue, but not less than one hundred dollars nor more than one thousand dollars; shall be numbered from one upward consecutively and each bond shall be signed by the president of the board and attested by its clerk: PROVIDED, HOWEVER, That any coupons may, in lieu of being so signed, have printed thereon facsimile signatures of said officers. Each bond shall in the body thereof refer to the improvement to pay for which the same is issued; shall provide that the principal sum therein named and the interest thereon shall be payable out of the fund created for the payment of the cost and expense of said improvement, and not otherwise; and shall not be issued in an amount which, together with the assessments already paid, will exceed the cost and expense of the said condemnation and improvement. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. (2008 Ed.) Public Waterways (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 266; 1970 ex.s. c 56 § 105; 1969 ex.s. c 232 § 48; 1911 c 23 § 46; RRS § 9822.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 91.08.485 Bonds—Sale or exchange for par value. (1) Said bonds, whether sold or exchanged, shall be disposed of for not less than their par value and accrued interest. (2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW. [1983 c 167 § 267; 1911 c 23 § 47; RRS § 9823. Formerly RCW 91.08.470, part.] 91.08.485 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 91.08.490 Bonds—Sale of. (1) Before making any sale of such bonds the board shall advertise the sale and invite sealed bids therefor, by publication in the county official newspaper at least once, and in such other manner as it sees fit, for a period of thirty days. At the time and place fixed for receiving bids the board shall open all bids presented and may either award the bonds to the highest bidder or reject all bids. Delivery of the bonds and payment therefor may be as required by the board. The purchaser of any such bonds shall pay the money due therefor to the county treasurer, who shall place it in the district fund. (2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW. [1983 c 167 § 268; 1911 c 23 § 48; RRS § 9824.] 91.08.490 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 91.08.500 Bonds—Payment. The treasurer shall pay the interest on the bonds authorized to be issued by this chapter, on presentation of matured coupons therefor, out of the funds of the district in his hands. Whenever there shall be sufficient money in any such fund (not less than one thousand dollars) over and above sufficient for the payment of matured interest on all outstanding bonds, to pay the principal of one or more bonds, the treasurer shall call in and pay the bonds in their numerical order: PROVIDED, That the call for bonds shall be made by publication in the official newspaper of the county within five days after the semiannual interest period, and shall state that bonds numbered . . . . . . . . . (giving the serial numbers of the bonds called) will be paid on presentation; and that after a date named, not more than fifteen days thereafter, interest on the bonds called shall cease. [1985 c 469 § 98; 1911 c 23 § 49; RRS § 9825.] 91.08.500 91.08.510 Bonds—Recourse of owner limited to special assessment—Bond to so state. The owner of any bond issued under authority of this chapter shall not have any claim therefor against any person, body or corporation, except from the special assessment made for the improvement for which such bond was issued; but his remedy in case of nonpayment shall be confined to the enforcement of such assessment. A 91.08.510 (2008 Ed.) 91.08.530 copy of this section shall be plainly written, printed or engraved on each bond so issued. [1983 c 167 § 269; 1911 c 23 § 50; RRS § 9826.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. 91.08.520 91.08.520 Invalidity of assessments—Reassessment. In all cases of assessments for improvements under this chapter, wherein such assessment shall have failed to be valid in whole or in part for want of form or insufficiency, informality or irregularity, or nonconformance with the provisions of this chapter, the board is hereby authorized to cause such assessments to be reassessed and to enforce their collection in accordance herewith. [1911 c 23 § 51; RRS § 9827.] Assessment procedure: RCW 91.08.270 through 91.08.380. 91.08.530 91.08.530 Construction—Contractor’s bond—Bidder’s deposit—Claims. After the confirmation of the assessment roll of any improvement district provided for herein, the board shall proceed at once with the construction of the improvement, and in carrying on the construction it shall have full charge and management thereof and the power to employ such assistants as it may deem necessary, and purchase all material required in such construction; and it shall have power to let the whole or any part of the work of the improvement to the lowest and best bidder therefor, after public advertisement and call for bids; and in case of such letting of a contract it shall have the power also to enter into all necessary agreements with the contractor in the premises: PROVIDED, That in the case of the letting of a contract the board shall require the contractor to give a bond in the amount of the contract price, with sureties to be approved by the board and running to the board as obligee therein, conditioned for the faithful and accurate performance of his or her contract by the contractor, and that he or she will pay, or cause to be paid, all just claims of all persons performing labor upon or rendering services in doing the work, or furnishing materials, merchandise or provisions used by the contractor in the construction of the improvement. The bond shall be filed and recorded in the office of the auditor of the county and every subcontractor on any such work shall file and record a like bond in the full amount of his or her subcontract. Unless otherwise paid their claims for labor or services, materials, merchandise or provisions, the claimants may have recourse by suit upon such bond in their own names: PROVIDED, That no such claim or suit shall be maintained unless the persons making the claim shall within thirty days after the completion of the improvement, file their claims, duly verified, to the effect that the amounts thereof are just and due and are unpaid, with the clerk of the board. Each bidder for a contract to be let under this section shall deliver with his or her bid a check for five percent of the amount of the bid, drawn upon a bank in this state and certified by the bank, as surety to the board that the bidder will enter into the contract with the board. The checks of unsuccessful bidders will be returned to them when an award of the contract has been made by the board. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. [1996 c 18 § 16; 1911 c 23 § 52; RRS § 9828.] [Title 91 RCW—page 9] 91.08.540 Title 91 RCW: Waterways Contractor’s bond: Chapter 39.08 RCW. 91.08.540 Construction—Installment payments— Reserve. During the construction of the improvement said board shall have the right to allow payment therefor to contractors in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no such allowance or payment shall be made for exceeding seventyfive percent of the proportionate amount of the work completed; and twenty-five percent of the contract price shall be reserved at all times by said board until such work is fully completed, and shall not be paid until thirty days have expired after such completion. Upon completion of the work and the production of satisfactory evidence to the board that all just claims for labor, materials, goods, wares, merchandise and provisions furnished to the contractor have been paid, the board shall accept the improvement and pay the contract price therefor. [1911 c 23 § 53; RRS § 9829.] SECTION: 1911 c 23 § 57; RRS § 9833, now codified as RCW 91.08.575.] 91.08.540 91.08.550 Warrants. The indebtedness of any such district on contracts, or upon employment or for supplies, shall be paid by warrants on the district fund only, to be issued by the board upon allowed written claims. Such warrants shall be in form the same as county warrants, or as nearly the same as may be practicable; shall draw the legal rate of interest from the date of their presentation to the county treasurer for payment, and shall be signed by the chairman and attested by the clerk: PROVIDED, That no warrants shall be issued in payment of any indebtedness of such district for less than the face or par value. [1911 c 23 § 54; RRS § 9830.] 91.08.550 Public contracts and indebtedness—Interest rate on warrants: Chapter 39.56 RCW. 91.08.560 Warrants—Payment. All warrants issued under RCW 91.08.550 may be presented by the holders thereof to the county treasurer, who shall pay them or endorse thereon the date of presentation for payment and if the same are not paid, and the reason for their nonpayment; and no warrant shall draw interest until it is so presented and endorsed by the county treasurer. It shall be the duty of the treasurer from time to time, when he has sufficient funds in his hands for the purpose, to give notice to warrant holders to present their warrants for payment; such notice to be given by advertisement in the county newspaper. And thirty days after the first publication of said notice the warrants called shall cease to bear interest. Said notice shall be published once each week for two weeks consecutively, and such warrants shall be called and paid in the order of their endorsement. [1911 c 23 § 55; RRS § 9831.] 91.08.560 91.08.570 Public lands not devoted to public use to be treated as private lands. State, school, county, school district, and other lands belonging to other public corporations which will be benefited by the construction, deepening or widening of any such waterway, and which are not devoted to public use, shall be subject to the provisions of this chapter, and the owners thereof by and through the proper authorities, shall be made parties in all proceedings affecting said lands, and shall have the same rights and be liable to the same right of eminent domain as the lands of private persons or corporations. [1911 c 23 § 56; RRS § 9832. FORMER PART OF 91.08.570 [Title 91 RCW—page 10] Eminent domain procedure—Service in case of public lands: RCW 91.08.150. 91.08.575 Public lands not devoted to public use to be treated as private lands—Assessment. Lands belonging to the state, and school, county, school district and other lands belonging to public corporations and which are not devoted to public use, which are benefited by any improvement instituted under the provisions of this chapter, shall be assessed in the same manner as lands of private persons and corporations, and the assessment shall be paid by the proper authorities. [1911 c 23 § 57; RRS § 9833. Formerly RCW 91.08.570, part.] 91.08.575 Assessment procedure: RCW 91.08.270 through 91.08.380, 91.08.520. 91.08.580 Appellate review. Any person aggrieved by any condemnation judgment for compensation or damages, or by any judgment confirming an assessment upon land for benefits under this chapter, may seek appellate review of the judgment as in other civil cases. [1988 c 202 § 95; 1971 c 81 § 181; 1911 c 23 § 58; RRS § 9834.] 91.08.580 Rules of court: Method of appellate review, Cf. Title 2 RAP, RAP 18.22. Severability—1988 c 202: See note following RCW 2.24.050. 91.08.590 Payment of assessments by satisfying judgment. Any defendant in a condemnation proceeding under this chapter, whose remaining land, or whose other lands in the district, shall be assessed for benefits arising from the improvement, may pay his assessments in full, if they be less than his condemnation judgment, at or before the time fixed by the treasurer for the payment of assessments without interest, by satisfying his judgment upon the judgment docket and producing to the treasurer the certificate of the county clerk that the judgment has been satisfied. And if his assessments be greater than his condemnation judgments he may, within the same time, pay his assessment to the extent of his judgment by the like satisfaction and the like production of the clerk’s certificate to the treasurer. In each case the treasurer shall note the payment and the manner thereof on the assessment roll and report the same to the board. [1911 c 23 § 59; RRS § 9835.] 91.08.590 Payment of assessment: RCW 91.08.390 through 91.08.460. 91.08.600 Purchase of filling material. At any time before the completion of excavations required for the construction, deepening or widening of a waterway under this chapter, when there will be surplus material dug or dredged from such waterway, any owner of land within the district, for the filling of whose land no provision has theretofore been made, may have such surplus material delivered upon his land for filling purposes upon paying the cost of such delivery in a sum to be fixed by the board. The sum so fixed shall be paid to the treasurer at such time and in such manner as the board may prescribe, and shall be credited to the district fund. [1911 c 23 § 60; RRS § 9836.] 91.08.600 91.08.610 Surplus money in district fund transferred to road fund. Should there be any money remaining in the 91.08.610 (2008 Ed.) Public Waterways 91.08.660 district fund after the payment in full of all of the obligations of the district, it shall be transferred to and become a part of the road fund of the county. [1911 c 23 § 61; RRS § 9837.] "County road fund" created: RCW 36.82.010. 91.08.620 Unclaimed funds, disposal of. Should any sum of money paid into court as compensation or damages for land or property taken or damaged in any condemnation proceeding under this chapter be uncalled for the period of two years, the county clerk shall satisfy the judgment therefor and pay the money in his hands to the treasurer for the road fund of the county. But upon application to the board of county commissioners within four years after such payment, the party entitled thereto shall be paid such money by the county without interest: PROVIDED, That if any such party, being a natural person, was under legal disabilities when such money was paid to the treasurer, the time within which he or his legal representatives shall make application for the payment thereof shall not expire until one year after his death or the removal of his disabilities. [1911 c 23 § 62; RRS § 9838.] 91.08.620 91.08.630 Waterways as highways—Control of. Every waterway constructed, deepened or widened under this chapter shall, from and after the completion thereof, be a public highway for vessels and an outlet for swamp or overflow water which may be drained into it from any lands in the district or tributary thereto, and shall be under the care and control of the board of county commissioners of the county as are other highways: PROVIDED, That whenever any such waterway shall thereafter be included within the limits of any city or town, the care and control thereof shall pass to the corporate authorities of such city or town. [1911 c 23 § 63; RRS § 9839.] 91.08.630 91.08.640 Fees for serving process. The fees for the service of all process necessary to be served under the provisions of this chapter shall be the same as those for like services in other civil cases. [1911 c 23 § 65; RRS § 9841.] 91.08.640 Fees of county officers: Chapter 36.18 RCW. 91.08.650 Enforcement. The superior court may compel the performance of duties imposed by this chapter, and may on proper application therefor issue its mandatory injunction for such purpose. [1911 c 23 § 66; RRS § 9842.] 91.08.650 91.08.660 Construction—1911 c 23. This chapter shall not be held to be an exclusive method of constructing, deepening or widening such waterways, nor in conflict with any other method which may be provided by law. [1911 c 23 § 64; RRS § 9840.] 91.08.660 (2008 Ed.) [Title 91 RCW—page 11] POPULAR NAMES TABLE This table lists a number of legislative acts by their popularly known name and sets forth the RCW Title(s), chapter(s) or section(s) under which the act is found in the Revised Code of Washington. Popular Name of Act RCW Cite Academic and vocational integration development program . . . . . . . . . . . . . . . . . . . . . .28A.630.860-28A.630.880 Administrative procedure act. . . . . . . . . . . . . . . . . . . . . . Ch. 34.05 Affordable housing act. . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.185A Agricultural enabling act . . . . . . . . . . . . . . . . . . . Chs. 15.65, 15.66 Agricultural marketing and fair practices act . . . . . . . . . Ch. 15.83 Airport zoning act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 14.12 Alcoholism and drug addiction treatment and support act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 74.50 Alcoholism and intoxication treatment act . . . . . . . . . . Ch. 70.96A Anatomical gift act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 68.64 Anti-harassment act of 1985 . . . . . . . . . . . . . . . . . . . . . . Ch. 9A.46 Antitrust/consumer protection improvement act . . . . . . . . . . . . . . . . . . . . . .19.86.090-19.86.095, 19.86.140 Athlete agents act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.225 Auctioneer registration act. . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.11 Award for excellence in education program act . . . . . . . . . . . . . . . . . . . . . . . . . .28A.625.010-28A.625.065 Award for excellence in teacher preparation act . . . . . . . . . . . . . . . . . . . . . . . . . .28A.625.350-28A.625.390 Bank stabilization act. . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 30.56 Basic juvenile court act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 13.14 Becca bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 13.32A Beef commission act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 16.67 Building code act, state . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.27 Building Washington’s future act. . . . . . . . . . . . . . . . .Ch. 28B.14H Business corporation act . . . . . . . . . . . . . . . . . . . . . . . . . .Title 23B Business development company act . . . . . . . . . . . . . . . . Ch. 31.24 Business license center act. . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.02 Business opportunity fraud act . . . . . . . . . . . . . . . . . . . Ch. 19.110 Caustic poison act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 69.36 Center for volunteerism and citizen service act. . . . . . . Ch. 43.150 Certified real estate appraiser act. . . . . . . . . . . . . . . . . . Ch. 18.140 Charter boat safety act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 88.04 Child abuse and neglect act . . . . . . . . . . . . . . . . . . . . . . . Ch. 26.44 Child custody jurisdiction act . . . . . . . . . . . . . . . . . . . . . Ch. 26.27 Children and family services act . . . . . . . . . . . . . . . . . . Ch. 74.14A Children’s safe products act. . . . . . . . . . . . . . . . . . . . . . Ch. 70.240 City and county jails act. . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.48 Civil liberties public education act . . . .28A.300.390-28A.300.415 Civil rights act . . . . . . . . . . . . . . . . . . . . . . . . .49.60.400-49.60.401 Civil service law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 41.06 Clean air act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.94 Clean indoor air act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.160 Cleanup priority act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.105E Code of military justice . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 38.38 Collection agency act. . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.16 College savings bond act of 1988 . . . . . . . . . . . . . . . . Ch. 28B.106 Commercial driver's license act . . . . . . . . . . . . . . . . . . . . Ch. 46.25 Commercial feed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 15.53 Commercial fertilizer act . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 15.54 Common trust fund act, uniform . . . . . . . . . . . . . . . . . . Ch. 11.102 (2008 Ed.) Popular Name of Act RCW Cite Community and technical college act . . . . . . . . . . . . . . Ch. 28B.50 Community mental health services act . . . . . . . . . . . . . . Ch. 71.24 Community redevelopment financing act . . . . . . . . . . . . Ch. 39.88 Condominium act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 64.34 Conservation districts law . . . . . . . . . . . . . . . . . . . . . . . . Ch. 89.08 Consumer access to vision care act . . . . . . . . . . . . . . . . . Ch. 18.95 Consumer loan act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 31.04 Consumer protection act . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.86 Continuity of government act . . . . . . . . . . . . . . . . . . . . . Ch. 42.14 Controlled substances, uniform act . . . . . . . . . . . . . . . . . Ch. 69.50 Controlled substances therapeutic research act . . . . . . . . Ch. 69.51 Cooperative forest management services act. . . . . . . . . . Ch. 76.52 Corporation act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Title 23B Corrections reform act of 1981 . . . . . . . . . . . . . . . . . . . . Ch. 72.09 Court reporting practice act . . . . . . . . . . . . . . . . . . . . . . . Ch 18.145 Credit services organizations act . . . . . . . . . . . . . . . . . . Ch. 19.134 Credit union act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 31.12 Credit union share guaranty association act. . . . . . . . . . Ch. 31.12A Criminal code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Title 9A Criminal extradition, uniform act . . . . . . . . . . . . . . . . . . Ch. 10.88 Criminal investigatory act of 1971 . . . . . . . . . . . . . . . . . Ch. 10.27 Criminal justice information act . . . . . . . . . . . . . . . . . . . Ch. 10.98 Criminal profiteering act . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9A.82 Criminal records privacy act . . . . . . . . . . . . . . . . . . . . . . Ch. 10.97 Declaratory judgments act . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 7.24 Detective agencies and detectives law. . . . . . . . . . . . . . Ch. 18.165 Disciplinary act, uniform . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.130 Displaced homemaker act . . . . . . . . . . . . . . . . . . . . . . . Ch. 28B.04 Domestic partnerships, state registered . . . . . . . . . . . . . . Ch. 26.60 Domestic violence protection act. . . . . . . . . . . . . . . . . . . Ch. 26.50 Early childhood assistance act of 1985 . . . . . . . . . . . . Ch. 28A.215 Educational employment relations act . . . . . . . . . . . . . . . Ch. 41.59 Electronic authentication act . . . . . . . . . . . . . . . . . . . . . . Ch. 19.34 Emergency management act . . . . . . . . . . . . . . . . . . . . . . Ch. 38.52 Emergency medical services and trauma care system act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.168 Employee cooperative corporations act . . . . . . . . . . . . . . Ch. 23.78 Employment agency act. . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.31 Employment security act . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 50 Energy financing voter approval act . . . . . . . . . . . . . . . . Ch. 80.52 Enforcement of foreign judgments act. . . . . . . . . . . . . . . . Ch. 6.36 Environmental coordination procedures act . . . . . . . . . . Ch. 90.62 Environmental restoration jobs act of 1993 . . . . . . . . . . .Ch. 43.21J Escrow agent registration act . . . . . . . . . . . . . . . . . . . . . . Ch. 18.44 Estate and transfer tax act of 1988. . . . . . . . . . . . . . . . . Ch. 83.100 Facsimile signatures of public officials act . . . . . . . . . . . Ch. 39.62 Fair campaign practices act . . . . . . . . . . . . . . . . Ch. 42.17 (passim) Fair credit reporting act . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.182 Fairness in lending act . . . . . . . . . . . . . . . . . . .30.04.505-30.04.515 Family farm water act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 90.66 Family independence program. . . . . . . . . . . . . . . . . . . . . Ch. 74.21 [Popular Names Table—page 1] Popular Name of Act RCW Cite Family leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 49.78 Family reconciliation act . . . . . . . . . . . . . . . . . . . . . . . . Ch. 13.32A Federal court local law certificate procedure act . . . . . . . . Ch. 2.60 Federal lien registration act . . . . . . . . . . . . . . . . . . . . . . . Ch. 60.68 Financial institution individual account deposit act . . . . Ch. 30.22 Firearms act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9.41 Firemen's relief and pensions—1947 act . . . . . . . . . . . . . Ch. 41.16 Firemen's relief and pensions—1955 act . . . . . . . . . . . . . Ch. 41.18 Fireworks law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.77 Fish marketing act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 24.36 Fish and wildlife code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 77 Flammable fabrics act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.110 Food, drug, and cosmetics act . . . . . . . . . . . . . . . . . . . . . Ch. 69.04 Food processing act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 69.07 Foreign judgments, uniform enforcement of . . . . . . . . . . . Ch. 6.36 Foreign-money claims act . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 6.44 Foreign money-judgments recognition act . . . . . . . . . . . . Ch. 6.40 Foreign protection order full faith and credit act. . . . . . . Ch. 26.52 Forest practices act of 1974 . . . . . . . . . . . . . . 76.09.010-76.09.280 Franchise investment protection act . . . . . . . . . . . . . . . . Ch. 19.86 Fraudulent transfer act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.40 Fresh fruit sales limitation act . . . . . . . . . . . . . . . . . . . . . Ch. 15.21 Fresh pursuit act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 10.89 Funds transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 62A.4A Game and game fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 77 Gasoline dealer bill of rights act . . . . . . . . . . . . . . . . . . Ch. 19.120 Geothermal resources act. . . . . . . . . . . . . . . . . . . . . . . . . Ch. 79.76 Good samaritan act . . . . . . . . . . . . . . . . . . . . . . .4.24.300-4.24.310 Growth management act . . . . . . . . . . . . . . . . . . . . . . . . Ch. 36.70A Habitual traffic offenders act . . . . . . . . . . . . . . . . . . . . . . Ch. 46.65 Hazardous waste management act . . . . . . . . . . . . . . . . . Ch. 70.105 Health care access act of 1987 . . . . . . . . . . . . . . . . . . . . . Ch. 70.47 Health care false claim act . . . . . . . . . . . . . . . . . . . . . . . . Ch. 48.80 Health care information act . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.02 Health care patient bill of rights . . . . . . . . . . .48.43.500-48.43.550 Health care reform act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 41.05 Health insurance coverage access act . . . . . . . . . . . . . . . Ch. 48.41 Health maintenance organization act of 1975 . . . . . . . . . Ch. 48.46 Health planning and resources development act . . . . . . . Ch. 70.38 Health professions act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.120 High-technology education and training act . . . . . . . . . Ch. 28B.65 Highway advertising control act of 1961. . . . . . . . . . . . . Ch. 47.42 Holocaust victims insurance relief act . . . . . . . . . . . . . . Ch. 48.104 Homelessness housing and assistance act . . . . . . . . . . Ch. 43.185C Honey act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 69.28 Horizontal property regimes act . . . . . . . . . . . . . . . . . . . Ch. 64.32 Hospital and medical facilities survey and construction act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.40 Housing authorities law . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 35.82 Housing cooperation law . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 35.83 Housing policy act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.185B Immigration assistant practices act . . . . . . . . . . . . . . . . Ch. 19.154 Indian reservation criminal jurisdiction retrocession act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37.12.100-37.12.140 Industrial insurance act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 51 [Popular Names Table—page 2] Popular Name of Act RCW Cite Industrial safety and health act (WISHA) . . . . . . . . . . . . Ch. 49.17 Insurance code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 48 Insurance fraud reporting immunity . . . . . . . . . . . . . . . . Ch. 48.50 Insurance guaranty association act. . . . . . . . . . . . . . . . . . Ch. 48.32 Insurance premium finance company act . . . . . . . . . . . . Ch. 48.56 Insurer holding company act . . . . . . . . . . . . . . . . . . . . . Ch. 48.31B Insurers liquidation act. . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 48.99 Interlocal cooperation act. . . . . . . . . . . . . . . . . . . . . . . . . Ch. 39.34 Interstate compact on juveniles . . . . . . . . . . . . . . . . . . . . Ch. 13.24 Interstate corrections compact . . . . . . . . . . . . . . . . . . . . . Ch. 72.74 Interstate family support act. . . . . . . . . . . . . . . . . . . . . . . Ch. 26.21 Intrastate corrections compact . . . . . . . . . . . . . . . . . . . . . Ch. 72.76 Investment securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 62A.8 Judicial notice of foreign laws act . . . . . . . . . . . . . . . . . . . Ch. 5.24 Judicial retirement account act. . . . . . . . . . . . . . . . . . . . . . Ch. 2.14 Judicial retirement system act . . . . . . . . . . . . . . . . . . . . . . Ch. 2.10 Juvenile court act, basic . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 13.04 Juvenile court act in cases relating to dependency of a child and the termination of a parent and child relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 13.34 Juvenile justice act of 1977 . . . . . . . . . . . . . . . . . . . . . . . Ch. 13.40 Kosher food products act of 1985 . . . . . . . . . . . . . . . . . . Ch. 69.90 Land development act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 58.19 Land use petition act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 36.70C Landlord-tenant act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 59.18 Law enforcement officers' and fire fighters' retirement system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 41.26 Lease-purchase agreement act . . . . . . . . . . . . . . . . . . . . . Ch. 63.19 Leases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 62A.2A Lemon law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.118 Letters of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 62A.5 Life and disability insurance guaranty association act . Ch. 48.32A Limited liability company act . . . . . . . . . . . . . . . . . . . . . Ch. 25.15 Limited partnership act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 25.10 Liquor law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 66 Living wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.122 Long-term care insurance act. . . . . . . . . . . . . . . . . . . . . . Ch. 48.84 Main street act . . . . . . . . . . . . . . . . . . . . . . . . . . Chs. 43.360, 82.73 Management of institutional funds, uniform act . . . . . . . Ch. 24.44 Managing general agents act . . . . . . . . . . . . . . . . . . . . . . Ch. 48.98 Manufactured home real property act . . . . . . . . . . . . . . . Ch. 65.20 Marine recreation land act of 1964 . . . . . . . . . . . . . . . . Ch. 79A.25 Massachusetts trust act of 1959 . . . . . . . . . . . . . . . . . . . . Ch. 23.90 Maternity care access act . . . . . . . . . . . . . . . . .74.09.760-74.09.820 Medical use of marijuana act . . . . . . . . . . . . . . . . . . . . . Ch. 69.51A Medicare supplemental health insurance act . . . . . . . . . . Ch. 48.66 Military justice, code of . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 38.38 Milk pooling act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 15.35 Mill tailings licensing and perpetual care act of 1979 . . Ch. 70.121 Minimum wage act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 49.46 Minority and women-owned businesses assistance, omnibus act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.172 Manufactured/mobile home landlord-tenant act . . . . . . . Ch. 59.20 Model toxics control act. . . . . . . . . . . . . . . . . .Chs. 70.105D, 82.21 Mortgage broker practices act . . . . . . . . . . . . . . . . . . . . Ch. 19.146 Motion picture fair competition act . . . . . . . . . . . . . . . . . Ch. 19.58 (2008 Ed.) Popular Name of Act RCW Cite Motor fuel quality act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.112 Motor vehicle fuel importer user tax act . . . . . . . . . . . . . Ch. 82.37 Motorcycle dealers' franchise act. . . . . . . . . . . . . . . . . . . Ch. 46.94 Municipal revenue bond act. . . . . . . . . . . . . . . . . . . . . . . Ch. 35.41 Municipal water and sewer facilities act . . . . . . . . . . . . . Ch. 35.91 Natural death act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.122 Negotiable instruments . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 62A.3 Noise control act of 1974. . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.107 Nonprofit corporation act. . . . . . . . . . . . . . . . . . . . . . . . . Ch. 24.03 Nonprofit miscellaneous and mutual corporation act . . . Ch. 24.06 Nonresident violator compact . . . . . . . . . . . . . . . . . . . . . Ch. 46.23 Nursing home administrator licensing act . . . . . . . . . . . . Ch. 18.52 Nursing homes auditing and cost reimbursement act of 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 74.46 Occupational therapy practice act . . . . . . . . . . . . . . . . . . Ch. 18.59 Ocean resources management act . . . . . . . . . . . . . . . . . Ch. 43.143 Oil and gas conservation act . . . . . . . . . . . . . . . . . . . . . . Ch. 78.52 Oil recycling act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.95I Omnibus minority and women-owned businesses assistance act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.172 Open public meetings act. . . . . . . . . . . . . . . . . . . . . . . . . Ch. 42.30 Optometry board act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.54 Optometry law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.53 Parentage act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 26.26 Parenting act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chs. 26.09, 26.10 Partnership act, revised uniform . . . . . . . . . . . . . . . . . . . Ch. 25.05 Patient bill of rights . . . . . . . . . . . . . . . . . . . . .48.43.500-48.43.550 Persistent offender accountability act . . . . . . . . . . . 9.94A.030, 9.94A.120, 9.94A.392-9.94A.394 Pesticide application act. . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 17.21 Pesticide control act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 15.58 Pilotage act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 88.16 Pipeline safety act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 81.88 Planning enabling act. . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 36.70 Podiatric physician and surgeon act. . . . . . . . . . . . . . . . . Ch. 18.22 Poison prevention act of 1974 . . . . . . . . . . . . . . . . . . . . Ch. 70.106 Pollution disclosure act of 1971. . . . . . . . . . . . . . . . . . . . Ch. 90.52 Principal and income act of 2002 . . . . . . . . . . . . . . . . Ch. 11.104A Private detective agencies and detectives law . . . . . . . . Ch. 18.165 Professional engineers registration act . . . . . . . . . . . . . . Ch. 18.43 Professional service corporation act . . . . . . . . . . . . . . . Ch. 18.100 Project DREAM act . . . . . . . . . . . . . . . .28A.630.750-28A.630.789 Project even start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 28A.610 Prompt payment act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 39.76 Proportional registration act. . . . . . . . . . . . . . . . . . . . . . . Ch. 46.87 Public accountancy act. . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.04 Public employees' collective bargaining act . . . . . . . . . . Ch. 41.56 Public employees' retirement system. . . . . . . . . . . . . . . . Ch. 41.40 Public records act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 42.56 Public water system coordination act of 1977 . . . . . . . . Ch. 70.116 Puget Sound water quality protection act . . . . . . . . . . . . Ch. 90.71 Radioactive waste act. . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.200 Radioactive waste storage and transportation act of 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.99 Real estate appraiser act. . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.140 Real estate contract forfeiture act . . . . . . . . . . . . . . . . . . Ch. 61.30 (2008 Ed.) Popular Name of Act RCW Cite Reclamation act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 89.16 Recreation districts act for counties. . . . . . . . . . . . . . . . . Ch. 36.69 Recreation trails system act . . . . . . . . . . . . . . . . . . . . . . . Ch. 67.32 Redistricting act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 44.05 Refunding bond act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 39.53 Regulation of business and professions act . . . . . . . . . . Ch. 18.235 Regulation of health professions act . . . . . . . . . . . . . . . Ch. 18.120 Regulatory fairness act. . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.85 Reinsurance intermediary act. . . . . . . . . . . . . . . . . . . . . . Ch. 48.94 Rendition of accused persons act. . . . . . . . . . . . . . . . . . . Ch. 10.91 Reorganization of districts into improvement districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chs. 82.20, 85.22 Reproductive privacy act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9.02 Residential landlord-tenant act of 1973 . . . . . . . . . . . . . . Ch. 59.18 Residential property disclosure . . . . . . . . . . . . . . . . . . . . Ch. 64.06 Revised airports act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 14.08 Revised uniform partnership act . . . . . . . . . . . . . . . . . . . Ch. 25.05 Rural health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.175 Safe drinking water act . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.119A Scenic and recreational highway act of 1967 . . . . . . . . . Ch. 47.39 Scenic vistas act of 1971 . . . . . . . . . . . . . . . . . . Ch. 47.72 (passim) School-to-work transitions program . . .28A.630.860-28A.630.880 Secured transactions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 62A.9 Securities act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 21.20 Seed act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 15.49 Self-service storage facility act . . . . . . . . . . . . . . . . . . . Ch. 19.150 Senior citizens services act . . . . . . . . . . . . . . . . . . . . . . . Ch. 74.38 Sentencing reform act of 1981. . . . . . . . . . . . . . . . . . . . . Ch. 9.94A Service members’ civil relief act . . . . . . . . . . . . . . . . . . . Ch. 38.42 Shoreline management act of 1971 . . . . . . . . . . . . . . . . . Ch. 90.58 Shorthand reporting practice act . . . . . . . . . . . . . . . . . . Ch. 18.145 Simplified sales and use tax administration act . . . . . . . . Ch. 82.58 Snowmobile act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 46.10 Special fuel tax act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 82.38 Stalking law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.46.110 Standard nonforfeiture law for life insurance . . . . . . . . . Ch. 48.76 Standard valuation law. . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 48.74 State building code act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.27 State environmental policy act (SEPA) . . . . . . . . . . . . . Ch. 43.21C State reclamation act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 89.16 State register act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 34.08 Statewide city employees' retirement system act. . . . . . . Ch. 41.44 Statewide emergency medical services and trauma care system act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.168 Statewide special inquiry judge act . . . . . . . . . . . . . . . . . Ch. 10.29 Statutory recount act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 29.64 Structured settlement protection act. . . . . . . . . . . . . . . . Ch. 19.205 Sunrise act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.133 Sunset act of 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 43.131 Survey recording act . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 58.09 Tax refund anticipation loan act. . . . . . . . . . . . . . . . . . . Ch. 19.265 Taxing district relief act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 39.64 Taxpayer protection act . . . . . Chs. 43.88 (passim),43.135 (passim) Taxpayers' rights and responsibilities act. . . . . . . . . . . . Ch. 82.32A Telemarketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.158 [Popular Names Table—page 3] Popular Name of Act RCW Cite Telephone buyers' protection act . . . . . . . . . . . . . . . . . . Ch. 19.130 Three strikes and you're out . . . . . . . . . . . 9.94A.030, 9.94A.120,9.94A.392-9.94A.394 Timeshare act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 64.36 TOD security registration act. . . . . . . . . . . . . . . . . . . . . . Ch. 21.35 Trade center act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 53.29 Trade secrets act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.108 Transfers to minors act. . . . . . . . . . . . . . . . . . . . . . . . . . .Ch. 11.114 Tree fruit research act . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 15.26 Trust and estate dispute resolution act (TEDRA) . . . . . Ch. 11.96A Truth in spending act of 1974 . . . . . . . . . . . . . . . . . . . . . 43.01.130 Unclaimed property act . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 63.29 Underground natural gas storage act . . . . . . . . . . . . . . . . Ch. 80.40 Unfair cigarette sales below cost act . . . . . . . . . . . . . . . . Ch. 19.91 Uniform act for simplification of fiduciary security transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 21.17 Uniform Commercial Code . . . . . . . . . . . . . . . . . . . . . . . .Title 62A Uniform commercial driver's license act . . . . . . . . . . . . . Ch. 46.25 Uniform disciplinary act . . . . . . . . . . . . . . . . . . . . . . . . Ch. 18.130 Uniform federal lien registration act . . . . . . . . . . . . . . . . Ch. 60.68 Uniform foreign-money claims act . . . . . . . . . . . . . . . . . . Ch. 6.44 Uniform foreign money-judgments recognition act . . . . . Ch. 6.40 Uniform health care information act . . . . . . . . . . . . . . . . Ch. 70.02 Uniform regulation of business and professions act . . . Ch. 18.235 Uniform trade secrets act . . . . . . . . . . . . . . . . . . . . . . . . Ch. 19.108 Uniform transfers to minors act . . . . . . . . . . . . . . . . . . . .Ch. 11.114 Urban renewal law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 35.81 Used oil recycling act . . . . . . . . . . . . . . . . . . . . . . . . . . .Ch. 70.95I Variable contract act. . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 48.18A Veterans' guardianship, uniform act. . . . . . . . . . . . . . . . . Ch. 73.36 Victims of sexual assault act . . . . . . . . . . . . . . . . . . . . . Ch. 70.125 Washington serves act . . . . . . . . . . . . . . . . . . .50.65.200-50.65.330 Washington state register act . . . . . . . . . . . . . . . . . . . . . . Ch. 34.08 Washington trust act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 11.98 Waste reduction, recycling, model litter control act . . . . Ch. 70.93 Water quality joint development act . . . . . . . . . . . . . . . Ch. 70.150 Water resources act of 1971. . . . . . . . . . . . . . . . . . . . . . . Ch. 90.54 Water well construction act . . . . . . . . . . . . . . . . . . . . . . Ch. 18.104 White cane law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 70.84 Wholesome eggs and egg products act . . . . . . . . . . . . . . Ch. 69.25 Wholesome poultry products act . . . . . . . . . . . . . . . . . . . Ch. 16.74 Wildlife and recreation lands management act . . . . . . . Ch. 79A.20 WISHA (Washington industrial safety and health act) . . Ch. 49.17 Worker and community right to know . . . . . . . . . . . . . . . Ch. 49.70 Workers' compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title 51 [Popular Names Table—page 4] (2008 Ed.) GENERAL INDEX 911 911 emergency communications network, statewide enhanced system automatic location identification 38.52.505 calls from radio communications service companies 38.52.561 counties, implementation and funding duties 38.52.510 enhanced 911 account, creation and uses 38.52.540 enhanced 911 advisory committee 38.52.530, 38.52.532 state enhanced 911 coordination office, establishment and duties 38.52.520, 38.52.525 uniform national standards 38.52.535 Enhanced 911 service business service requirements 80.36.560 priorities for funding 38.52.545 residential service requirements 80.36.555 school service requirements 28A.335.320 Excise tax on telephones Ch. 82.14B 211 INFORMATION SYSTEM Disasters, natural and nonnatural health and human services information Ch. 43.211 ABANDONMENT (See also UNCLAIMED PROPERTY) Actions dismissal of action on grounds of 4.56.120 nonsuit on ground of 4.56.120 Animals, procedures when deemed abandoned Ch. 16.54 Attachment, surplus of property attached 6.25.120 Cemeteries notice of abandoned cemetery document, recording 65.04.033 Cemetery lots, abandonment procedures Ch. 68.36 Children unattended in parked car 9.91.060 Children, See also DESERTION AND NONSUPPORT Escheated property, See ESCHEATS Escheated property, See UNCLAIMED PROPERTY Explosives, unlawful 70.74.295 Family abandonment and nonsupport Ch. 26.20 Highways transfer to counties, procedure 36.75.090 Homesteads acknowledgment of declaration of abandonment, nonabandonment 6.13.050 execution of declaration of abandonment, nonabandonment 6.13.050 Motor vehicles, See MOTOR VEHICLES, subtitle Abandoned, unauthorized, and junk vehicles Office, See VACANCIES IN OFFICE Refrigeration equipment accessible to children, penalty Ch. 9.03 River and stream channels, counties, granting title to 86.13.110 Vulnerable adults protective services Ch. 74.34 Wells, failing to cover 7.48.140 ABATEMENT Actions affecting title to real property, lis pendens cancellation on 4.28.320 none if cause of action survives 4.20.050 personal injury action causing death to injured person, action does not abate 4.20.060 survival of actions 4.20.046 (2008 Ed.) tort feasor’s death does not abate cause of action 4.20.046 Alcoholic beverages, unlawful keeping 66.36.010 Injunctions, malicious structures 7.40.030 Malicious structures, injunction 7.40.030 Military post or encampment nuisances, abatement procedure 38.32.120 Mosquitoes, generally Ch. 70.22 No abatement if cause of action survives 4.20.050 Nuisances damages not precluded 7.48.180 execution 7.48.280 expenses of 7.48.030, 7.48.260, 7.48.280 military post or encampment 38.32.120 moral nuisances 7.48.090 bond 7.48.058 costs, taxing of 7.48.076 dismissal, condition 7.48.076 immunity from prosecution of public officials 7.48.058 judgment 7.48.076 bond, renewal 7.48.078 costs 7.48.078 order of abatement 7.48.078 penalty 7.48.078 property, disposition, sale, destruction 7.48.078 release of property to innocent owners 7.48.078 persons authorized to maintain action 7.48.058 subject to 7.48.056 order of abatement authorized, when 7.48.250, 7.48.260 places of prostitution 7.48.240 assignation or lewdness 7.48.110 punishment, as 7.48.250 warrant of abatement 7.48.020 authorized, when 7.48.250, 7.48.260 stay of 7.48.270 stay of issuance 7.48.040 Personal injury causing death to injured person, action does not abate 4.20.060 Public nuisances airport encroachments 14.08.030 junkyards adjacent to highways 47.41.010, 47.41.070 procedure 9.66.040 public body or officer, by 7.48.220 Railroad crossings, abatement of illegal crossing 81.53.190 Survival of actions 4.20.046 Tort feasor’s death does not abate cause of action against 4.20.046 Transportation department, certain structures, signs or devices on city streets, county roads or state highways as public nuisances, duties relating to 47.36.180, 47.42.080 Water pollution protection in cities and towns Ch. 35.88 ABDUCTION (See KIDNAPPING) ABETTING (See AIDING AND ABETTING) ABORTION Articles or drugs for advertising for sale 9.68.030 exposing for sale, penalty 9.68.030 Clinics interference with facilities or providers Ch. 9A.50 Concealing birth of fetus or child 9.02.050 Defenses to prosecution 9.02.130 Definitions 9.02.170 Health department, duties 9.02.005 Individual right to choose or refuse declared public policy 9.02.100 Infant’s right to medical treatment 18.71.240 Physician’s right to provide 9.02.110 Refusal to perform 9.02.150 Reproductive privacy public policy 9.02.100 State regulation 9.02.140 State-provided benefits, services, or information availability 9.02.160 Unauthorized, penalty 9.02.120 Woman’s right to have 9.02.110 ABSCONDING DEBTORS Attachment against bond unnecessary, when 6.25.080 ground for 6.25.030 Contracts, enforcement of, ne exeat proceedings 7.44.010 Execution against, personal exemptions unavailable to 6.15.050 Imprisonment for debt, exception as to absconding debtors Const. Art. 1 § 17 Service of process on 4.28.100 Supplemental proceedings against, See SUPPLEMENTAL PROCEEDINGS ABSENCE Judicial officer, works forfeiture of office Const. Art. 4 § 8 ABSENTEE Armed forces, etc., personnel missing in action, interned or captured construed as 11.80.120 Citizens, certain absences do not affect residence for voting purposes Const. Art. 6 § 4 Ejectment and quieting title actions appointment of trustee for defendant absentee 7.28.010 service by publication against absent defendants 7.28.010 Estates, administration of appointment of temporary trustee 11.80.010 trustees 11.80.010 bond of trustee 11.80.020 continuation of absentee’s business 11.80.055 grounds and conditions for 11.80.010 hearing on petition for 11.80.010 inventory and appraisement 11.80.020 performance of absentee’s contract 11.80.055 petition for 11.80.010 removal or resignation of trustee 11.80.060 reports of trustee 11.80.030 sale or management of property 11.80.040 allowance to family from proceeds 11.80.050 summary procedure without full trustee proceeding, when permitted, application for order, form 11.80.130 termination of trusts and distribution 11.80.070 distribution, application for, evidence and proof 11.80.080 final distribution 11.80.100 final settlement and escheat 11.80.110 provisional distribution 11.80.090 time and conditions for 11.80.080 Executors of letters testamentary or of administration procedure 11.28.040 qualifications of nonresident 11.28.040 Partition proceedings, lien creditors absent from state on sale of property, service on 7.52.200 Probate, absentee distributee, unclaimed estate 11.76.200 Tolling statute of limitation of action 4.16.180 [RCW Index—page 1] ABSENTEE VOTING ABSENTEE VOTING (See also ELECTIONS) Generally Ch. 29A.40 ABSTRACTS Evidence, as, hearing to replace court records lost or destroyed 5.48.040 Index, abstract of, admissible in action to replace court records lost or destroyed 5.48.040 Judgments, of contents 4.64.090 entry into execution docket by clerk 4.64.120 indexing of by clerk 4.64.120 Partition proceedings, part of costs 7.52.480 Preparation by county auditor 65.04.140 Records of, rights of public to use 65.04.140 Registration of land titles, filing with application 65.12.085 Verdict, of cessation of liens certificate to another county 4.64.100 execution docket procedure 4.64.100 entry, effect 4.64.100 execution docket entry 4.64.100 indexing of 4.64.100 preparation of 4.64.100 sending to another county 4.64.100 transmission of 4.64.100 ABUSE (See CHILD ABUSE; CRIMES; DEPENDENT ADULTS) ABUSE OF PROCESS Instituting suit in another’s name, penalty 9.62.020 ACCESS DEVICES Definitions 9A.56.040, 9A.56.140, 9A.56.160 Fraud, use in committing 9A.60.010 Theft and robbery, use in committing 9A.56.010 ACCESS ROADS (See also COUNTY ROADS AND BRIDGES; HIGHWAYS) Public lands or state forest lands Ch. 79.38 ACCIDENT AND HEALTH INSURANCE (See INSURANCE, subtitle Disability insurance) ACCIDENT FUND (See INDUSTRIAL INSURANCE, subtitle Accident fund) ACCIDENTS (See also MOTOR VEHICLES) Aircraft department of transportation to investigate 47.68.280 reports to be furnished to department of transportation 47.68.290 Cities and towns claim fund for 35.31.050 Common carriers investigation by utilities and transportation commission 81.04.460, 81.28.290 notice to utilities and transportation commission 81.04.460, 81.28.280 Elevators, lifting devices, and moving walks 70.87.190 Evidence, payment of accident claim, medical service lien 60.44.060 Head injury prevention driver information 43.70.420 helmet removal, training of emergency medical personnel required 43.70.430 program 43.70.410 training and education guidelines, preparation and distribution of 43.70.430 Industrial insurance, See INDUSTRIAL INSURANCE Insurance, See INSURANCE, subtitle Disability insurance Tort claims against state, See STATE, subtitle Actions against ACCOUNTANTS Accountancy, board of certification duties 18.04.105 compensation and travel expenses 18.04.080 fees, setting and disposition 18.04.065 [RCW Index—page 2] membership, terms, vacancies, and removals 18.04.035 officers and staff 18.04.045 powers and duties 18.04.045 rule-making authority 18.04.055 Advertising falsely, effect 18.04.380 Allowed practices 18.04.350 Certified public accountants allowed practices 18.04.350 continuing professional education 18.04.105 examination requirements 18.04.105 foreign countries, certification of accountants from 18.04.183 grandfathered certificates 18.04.105 licenses continuing education 18.04.215 issuance and renewal 18.04.215 requirements and fees 18.04.195 revocation, suspension, or refusal to renew 18.04.295, 18.04.320, 18.04.335 nonresidents, certification or license 18.04.185 prohibited practices 18.04.345, 18.04.390 qualifications 18.04.105 reciprocity 18.04.180 registration of offices 18.04.205 Certified public accountants’ account 18.04.105 Client rights 18.04.390 Confidentiality of information, allowed disclosure 18.04.405 Definitions 18.04.025 Fees setting and disposition 18.04.065 Firms, corporations, or partnerships licenses requirements and fees 18.04.195 revocation, suspension, or refusal to renew 18.04.305, 18.04.320, 18.04.335 Foreign countries, certification of accountants from 18.04.183 Injunctions 18.04.360 Licenses continuing education 18.04.215 foreign countries, certification of accountants from 18.04.183 issuance and renewal 18.04.215 nonresidents 18.04.185 requirements and fees 18.04.195 revocation, suspension, or refusal to renew 18.04.295, 18.04.305, 18.04.320, 18.04.335 suspension for noncompliance with support order 18.04.430 suspension for nonpayment or default on educational loan or scholarship 18.04.420 Nonresidents, license 18.04.185 Offices registration 18.04.205 Professional service corporations Ch. 18.100 Prohibited practices 18.04.345, 18.04.390 Public accountancy act Ch. 18.04 Records and documents are property of licensee or licensed firm 18.04.390 Violations, penalties 18.04.370 ACCOUNTS AND ACCOUNTING (See also FUNDS; PUBLIC FUNDS) Cities and towns under 20,000 35.37.010 accounting and reporting procedure for street expenditures 35.76.020 Cities and towns, See also STATE AUDITOR Cities of second class, power to examine official accounts 35.23.440 Corporations falsification of reports 9.24.050 County accounts, See STATE AUDITOR Crimes relating to public officer falsifying 42.20.070 public works accounts, falsification 39.04.110 Evidence, competent as evidence when certified 32.04.070 Executors and administrators chargeable with whole estate 11.48.030 final report and petition for distribution continuance of hearing if incorrect 11.76.060 liability of executor or administrator, judgment against 11.76.060 objections to 11.76.060 loss or destruction, not liable for if not in default 11.48.030 receipts for expenses by executor or administrator, necessity of 11.76.100 special administrators 11.32.060 Executors and administrators, See also PROBATE, subtitle Accounting Fiduciaries, investment in common trust funds 11.102.020 Guardianship, See GUARDIAN AND WARD, subtitle Accounting Higher education construction account 28B.10.851 Homesteads, redemption period, accounting not required during 6.23.110 Military, adjutant general to maintain 38.12.020 Municipal corporations, See STATE AUDITOR, subtitle Municipal corporations accounting Mutual open accounts accrual of actions 4.16.150 limitations of actions on 4.16.150 Mutual savings banks accounting regulations 32.12.050 records, books and accounts, competency as evidence 32.04.070 refusal to submit accounts to inspection, grounds for supervisor to take possession of bank 32.24.040 Partition proceedings guardian or limited guardian of incompetent or disabled person 7.52.460 proceeds on sale of property 7.52.430 Partnerships, See PARTNERSHIPS, subtitle Accounts Personal representative chargeable with whole estate 11.48.030 final report and petition for distribution 11.76.030, 11.76.060 loss or destruction of estate, not liable for if not in default 11.48.030 receipts or canceled checks for expenses by personal representative, necessity of 11.76.100 revocation of letters, upon death, resignation, absence of 11.28.290 Pleading of accounts district court civil proceeding 12.08.060 Probate partnership interest of decedent 11.64.008 revocation of letters, accounting and settlement upon 11.28.290 settlement, generally Ch. 11.76 special administrators 11.32.060 Public assistance department, See PUBLIC ASSISTANCE, subtitle Accounts Public officer falsifying account, penalty 42.20.070 Public utilities, See PUBLIC UTILITIES, subtitle Accounts Redemption period, rents and profits during 6.23.090 Referees examination of accounts by referee, reference without consent 4.48.020 taking of account by referee, reference without consent 4.48.020 Rents and profits during redemption period 6.23.090 Savings and loan associations falsification of books and accounts 33.36.040 Schools and school districts first and second class districts, auditing accounts for, by county auditor 28A.350.030 State, See STATE FISCAL MATTERS, subtitle Accounts and accounting (2008 Ed.) ACTIONS AND PROCEEDINGS State investment board expense account, created 43.33A.160 Transportation, department of, transfers of airport facilities from federal government to the state, department authorized to establish required accounts or administrative procedures 47.68.185 Trustees annual statement, contents 11.106.020 excepted trusts 11.106.010 filings accounting upon petition 11.106.050 annual statement 11.106.020 final account 11.106.030 intermediate account 11.106.030 objections to accounting 11.106.060 intermediate contents 11.106.030 filing 11.106.030 modification under chapter 11.97 RCW effect on waiver 11.106.110 petition for accounting 11.106.040 settlement of accounts appeal from decree 11.106.090 approval or disapproval by court 11.106.070 decree, effect 11.106.080 filing of accounting 11.106.050 notice of filing 11.106.050 objections, filing of 11.106.060 petition for accounting 11.106.040 representation of beneficiaries 11.106.060 return day 11.106.050 waiver of accounting requirements beneficiary 11.106.100 Veterans’ guardianship 73.36.100 ACCUSED (See also CRIMINAL PROCEDURE) Removal from office by legislature, rights of Const. Art. 4 § 9 Rendition of accused persons act Ch. 10.91 Right to, confrontation of witnesses 10.52.060 Rights in criminal prosecutions Const. Art. 1 § 22 ACID RAIN Alpine lake monitoring 70.94.820 Critical levels consideration 70.94.880 establish 70.94.875 notify legislature if reached 70.94.875 Definitions 70.94.805 Evaluation of information and research 70.94.875 Intent 70.94.800 Monitoring alpine lakes by department of ecology 70.94.820 ACKNOWLEDGMENTS Administration, county auditor 36.22.030 Army, navy, marine and coast guard officers authorized to take 73.20.010 Certificate of contents 64.08.050 evidence 64.08.050 forms 64.08.060, 64.08.070 out-of-state taken 64.08.020 Cities and towns, city clerk, taking 35.17.105 Confession of judgment statement in writing 4.60.040 Conveyances of real property certification and taking of by court commissioners 2.24.040 by inferior judicial officers 2.28.090 by judges of superior and supreme court 2.28.080 deeds, requisite of 64.04.020 foreign 64.08.040 homesteads 6.13.060 power of attorney authorized 6.13.060 taking and certifying the proof of, clerk of supreme and superior court may do 2.32.050 who may take acknowledgment 64.08.010 (2008 Ed.) Correctional institution officers, authority to administer 64.08.090 Deeds court commissioners’ power to take 2.24.040 evidence, certificate as 64.08.050 foreign 64.08.040 forms 64.08.060, 64.08.070 homesteads 6.13.060 out-of-state 64.08.020 required for validity 64.04.020 requisite of 64.04.020 who may take 64.08.010 Evidence telegraphic or electronic communications Ch. 5.52 Foreign, who may take 64.08.040 Forms 42.44.100 Homesteads abandonment, nonabandonment 6.13.050 Instruments acknowledgment 64.08.010 county auditors 64.08.010 superior court judges 64.08.010 supreme court judges 64.08.010 court of appeals judges 64.08.010 Irregular instrument, effect of recording, notice 65.08.030 Judgments certified copies of assignment of 4.56.090 satisfaction of certification and taking of inferior judicial officers 2.28.090 judges of supreme and superior courts 2.28.080 execution against local governmental entity 6.17.080 payment of money only 4.56.100 Judicial sale, payment received on 6.21.070 Leases, necessity 59.04.010 Mortgages 64.08.010 court commissioners’ power to take 2.24.040 Notary public deeds, mortgages, other instruments 64.08.010 Out-of-state 64.08.020 Partition proceedings, consent to sale of estate for life or years 7.52.310 Plats, necessity 58.08.030, 58.10.010 Power to take army, navy, marine and coast guard officers 73.20.010 clerks of supreme, appeals and superior court 2.32.050, 64.08.010 county auditor 64.08.010 court commissioners 2.24.040, 64.08.010 inferior judicial officers 2.28.090 judges 2.28.080, 64.08.010 notary public 64.08.010 United States commissioner 64.08.010 Real property, See REAL PROPERTY, subtitle Acknowledgment Sales under execution, personal property, acknowledgment of payment 6.21.070 Satisfaction of judgments execution against local governmental entity requirement 6.17.080 payment of money only 4.56.100 specific designation required 4.56.100 Signature unable to sign name procedure 64.08.100 Unable to sign name procedure 64.08.100 ACQUIRED IMMUNE DEFICIENCY SYNDROME (See AIDS) ACQUITTALS Bars to subsequent prosecution Ch. 10.43 Several defendants, conviction or acquittal of one or more 10.61.035 Verdict of, no reconsideration of 10.61.060 ACTIONS AND PROCEEDINGS (See also CIVIL ACTIONS AND PROCEDURES) Against 4.08.120 By 4.08.110 Abandonment, See ABANDONMENT Abatement, See ABATEMENT Absconding debtors, See DEBTS AND DEBTORS Acupuncturists, professional negligence standard of proof, evidence, exception 4.24.290 Adverse possession, See ADVERSE POSSESSION Affecting title to real property in federal court 4.28.325 Agricultural activities nuisance lawsuits protection agricultural activity, defined 7.48.310 farmland, defined 7.48.310 legislative finding and purpose 7.48.300 presumption of reasonableness 7.48.305 recovering costs to investigate, agencies 7.48.320 recovering lawsuit costs, farmers 7.48.315 Agricultural marketing, See AGRICULTURAL MARKETING Agricultural marketing fair practices, violations 15.83.070 Alcoholic beverages, nuisance abatement 66.36.010 Animals dogs killing or injuring livestock Ch. 16.08 trespassing animals Ch. 16.04 Arbitration, See also ARBITRATION AND AWARD Arbitration, uniform act Ch. 7.04A Assigned choses in action, on assignee can sue in own name 4.08.080 defenses, counterclaims and setoffs 4.08.080 Assignment for benefit of creditors requirements and procedures 7.08.010, 7.08.030 Assignment of, costs taxable against assignees 4.84.160 Attorney fees 4.24.005 Attorney’s fees, allowable costs 4.84.080 Attorney’s fees and costs incurred to enforce provisions of contract or lease, prevailing party entitled to attorney’s fees, waiver prohibited 4.84.330 Attorneys’ fees as costs in damage actions, five thousand dollars or less 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 Attorneys’ fees as costs in damage actions, seven thousand five hundred dollars or less 4.84.250 Bonds, See BONDS, subtitle Actions on Building wardens, immunity from liability 4.24.400 Cemetery endowment care funds, actions to protect 68.05.170 Certiorari, See CERTIORARI Change of name 4.24.130 Charitable trusts, attorney general may bring action in order to secure compliance with orders concerning 11.110.120 Child support, See CHILD SUPPORT Children change of name 4.24.130 injury or death of, action for 4.24.010 maliciously injuring person or property, action against parent 4.24.190 seduction of child or ward 4.24.020 Chiropractor, professional negligence limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Cities and towns accident claims against 35.31.050 claims against 35.31.020, 35.31.040 in corporate name 4.08.110 generally 4.08.120 [RCW Index—page 3] ACTIONS AND PROCEEDINGS pleadings, termination of trust, property acquired at local improvement or utility local improvement foreclosure proceedings 35.53.050 Cities and towns, See CITIES AND TOWNS Commencement of actions 4.16.005 Commencement of actions, See also COMMENCEMENT OF ACTIONS Common carriers, See COMMON CARRIERS, subtitle Actions against Condemnation, See also EMINENT DOMAIN horticultural pests and diseases, See HORTICULTURE Condominiums violations of chapter, declaration, or bylaws right of action 64.34.455 Construction contracts 4.16.300 limitation on 4.16.310, 4.16.325 negligence, public policy against indemnification for 4.24.115 Construction defect claims Ch. 64.50 Construction liens application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 60.04.904 Consumer protection, actions for damages 19.86.090 Contempt, See CONTEMPT Contractors actions by contractors, registration prerequisite to suit 18.27.080 claims against contractors, grounds and procedures 18.27.040 Contractor’s bond 39.08.030 Contracts, See CONTRACTS Corporations actions against, venue 4.12.025 actions by or against Const. Art. 12 § 5 directors, removal by judicial proceeding 23B.08.090 Corporations, See also CORPORATIONS Costs civil procedure Ch. 4.84 Counties sewerage, water and drainage systems, delinquency, actions for 36.94.150 Counties, See also COUNTIES Crime victims right of action 7.68.050 Crimes, See CRIMINAL PROCEDURE Damages crime victims rights 7.68.050 Criminal records privacy act 10.97.110 false, unfounded, malicious, without probable cause, part of conspiracy, claim or counterclaim for damages may be litigated in principal action 4.24.350 five thousand dollars or less, attorneys’ fees as costs 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 gang tagging and graffiti, criminal street 4.24.330 investigative information, criminal justice agencies, available to victim to obtain civil redress 10.97.070 seven thousand five hundred dollars or less, attorneys’ fees as costs 4.84.250 Death actions for death of child by parent, etc. 4.24.010 contracts, action on survives 4.20.046 personal injuries, survival 4.20.046 Debts and debtors, action to recover in district court filing of claim 12.04.020 summons, issuance, form 12.04.020 Declaration concerning validity of a marriage 26.09.010 Declaratory judgments, See DECLARATORY JUDGMENTS Dentistry, professional negligence limitation on 4.16.350 [RCW Index—page 4] standard of proof, evidence, exception 4.24.290 Deposits in court, actions against tenant on failure to pay rent 7.28.250 Desertion and nonsupport, See DESERTION AND NONSUPPORT Digital signatures jurisdiction, venue, and choice of laws 19.34.503 Directors board of directors action without meeting 23B.08.210 meetings 23B.08.200 notice requirements 23B.08.220 participation by means of communication equipment 23B.08.200 compensation 23B.08.110 vacancies 23B.08.100 Dissolution of marriage 26.09.010 Dog handler using police or accelerant detection dog in line of duty, immunity from liability 4.24.410 Dogs killing or injuring livestock Ch. 16.08 Ejectment and quieting title appointment of receiver to protect rents and profits 7.28.230 rents and profits, appointment of receiver to protect 7.28.230 Ejectment and quieting title, see also EJECTMENT AND QUIETING TITLE Electrical licensees, liability 19.28.361 Embezzlement, probate, for restoration of estate 11.48.060 Eminent domain, See EMINENT DOMAIN Equity, original jurisdiction of superior courts 2.08.010 Escheats, See ESCHEATS Executors and administrators, See EXECUTORS AND ADMINISTRATORS, subtitle Actions and proceedings False arrest reasonable cause a defense civil action 4.24.220 Fault determination of percentage of fault among multiple parties 4.22.070 exception for parties immune to liability under workers’ compensation laws 4.22.070 Fines, recovery of, action for 4.24.150 Fires, See FIRES Forcible entry and detainer, See FORCIBLE ENTRY AND DETAINER Forest practices nuisance lawsuits protection forest practice, defined 7.48.310 legislative finding and purpose 7.48.300 presumption of reasonableness 7.48.305 Forfeitures collusion, payment by does not bar subsequent recoveries 4.24.170 recovery of, action for 4.24.150 Fraudulent conveyances, See FRAUDULENT CONVEYANCES Gambling losses, recovery of 4.24.070 Gambling tax collections 9.46.350 Garnishment, See GARNISHMENT Guardians, See GUARDIAN AD LITEM; GUARDIAN AND WARD Habeas corpus, See HABEAS CORPUS Health care activities, unfair labor practices 49.66.040, 49.66.050 Health care claims mediation exemption of mediated action from superior court arbitration or settlement conference requirements 7.70.130 mandatory mediation required, procedures 7.70.100 right to trial not abridged by unsuccessful attempt 7.70.120 tolling of statute of limits for, requirements 7.70.110 Health maintenance organizations, professional negligence limitation on 4.16.350 Highways construction and maintenance of, actions for labor and materials used in, limitation 47.28.120 For hire motor vehicle operators, against 46.72.060 Hospitals, professional negligence limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Husband and wife 26.16.180, 26.16.190, 26.16.200 Immunity from suit health care disciplinary actions 4.24.250 Industrial insurance, See INDUSTRIAL INSURANCE Injunctions, See INJUNCTIONS Injuries resulting from health care declaration of modification of procedure 7.70.010 Injuries to persons, aiding a police officer or other officer of the law, exception, limitation 9.01.055 Injury or death of child 4.24.010 Instituting action in name of another, penalty 9.62.020 Insurance actions attorney general, duties 48.02.080 contract limiting 48.18.200 disability insurance 48.20.142 duty of commissioner 48.02.080 no insurable interest, action to recover benefits 48.18.030 prosecuting attorney, duties 48.02.080 venue 48.05.220 Insurance examinations, civil actions arising from the conduct of civil immunity and indemnification protections for commissioner, commissioner’s representatives, examiners, and good faith providers of information 48.03.075 Insurers, liquidation of powers and duties of liquidator 48.31.131 special procedural rules 48.31.131 Insurers, rehabilitation of action to which insurer subject to rehabilitation order is party special procedural rules 48.31.045 Interpleader, See INTERPLEADER Irrigation districts, actions by and against 87.03.155 Joint debtors, procedure to bind after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 Judgments, interest on 4.56.110 Judicial bonds, premium as part of recoverable cost 48.28.030 Judicial review of agency action award of fees and expenses 4.84.350 definitions 4.84.340 land use decisions, appeals and award of fees and costs 4.84.370 payment of fees and expenses, report 4.84.360 Jurisdiction actions to be brought where defendant resides 4.12.025 actions to be commenced where subject matter is situated 4.12.010 actions to be tried in county where cause arose 4.12.020 district courts 3.66.020 Jurisdiction, See also JURISDICTION Land use decisions appeals and award of fees and costs 4.84.370 Landlord and tenant, residential 59.18.090 Legal separation 26.09.010 Limitation by special legislation prohibited Const. Art. 2 § 28 (2008 Ed.) ACTIONS AND PROCEEDINGS Limitation of actions, See LIMITATION OF ACTIONS Limited liability companies Ch. 25.15 Limited partnerships right of action 25.10.560 Lis pendens in actions affecting title to real property 4.28.320 effect on unknown heirs and claimants 4.28.160 liability of claimants 4.28.328 Livestock damaged or stolen, action for, treble damages, attorney’s fees 4.24.320 Livestock markets 16.65.240, 16.65.260, 16.65.270, 16.65.280, 16.65.290, 16.65.300, 16.65.310 Lost or destroyed records, proceedings to replace 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.050, 5.48.051, 5.48.060, 5.48.070 Malicious harassment civil action, actual and punitive damages 9A.36.083 Mandamus, See MANDAMUS Mandatory arbitration actions subject to 7.06.020 application for request 7.06.080 arbitrators, qualification, compensation, appointment 7.06.040 attorney’s fees 7.06.060 authorization 7.06.010 costs 7.06.060 decision, award, appeal, trial, judgment 7.06.050 effective date 7.06.910 implementation, supreme court rules 7.06.030 right to trial by jury 7.06.070 severability 7.06.900 Mediation, uniform act Ch. 7.07 Medical malpractice suits admissibility, gestures of apology 5.64.010 arbitration of health care actions Ch. 7.70A attorneys’ fees 7.70.070 certificate of merit 7.70.150 closed claim reporting 7.70.140 compensation by a defendant health provider 7.70.080 compensation from other suits 7.70.080 consent to treatment 7.70.060 declaration of modification of procedure 7.70.010 definitions 7.70.020 elements of proof 7.70.040 frivolous claims 7.70.160 informed consent, elements 7.70.050 mental health advance directives informed consent 7.70.068 Mental illness commitment proceedings Ch. 71.05 Metals mining and milling operations citizen action suits 78.56.140 Militia members 38.40.010 Mining shafts, damage action for injuries sustained in abandoned shaft preserved 78.12.070 Minor plaintiff, appointment of guardian to act for 12.04.140, 12.04.150 Mobile home or travel trailer manufacturers, against, limitation on recovery from bond 46.70.075 Motor vehicle business practices 46.70.070, 46.70.075, 46.70.190 Motor vehicle financial responsibility law, action on bond 46.29.540 Motor vehicle law, under damages due to illegal movement of vehicles under size, weight and load limitations 46.44.110 Motor vehicles disregarding notice of highway closure or restrictions, civil actions for damages 47.48.040 (2008 Ed.) odometers, tampering with or replacing, right to civil action 46.37.590 venue 4.12.025 Municipal corporations 4.08.120 in corporate name 4.08.110 Names, change of 4.24.130 Ne exeat, See NE EXEAT Negligence, permitting fire to spread 4.24.040 Negotiable instruments, See UNIFORM COMMERCIAL CODE, subtitle Negotiable instruments Nuclear incidents, storage or transportation liability 4.24.450, 4.24.460 Nurses, professional negligence standard of proof, evidence, exception 4.24.290 Nursing homes, professional negligence, claims arising from 4.16.350 Official bonds judgment for one delinquency no bar to action 42.08.040 leave of court required, when 42.08.030 by person not named on bond 42.08.030 who may maintain 42.08.020, 42.08.080 Opticians, professional negligence limitation on 4.16.350 Optometrists, professional negligence limitation on 4.16.350 Osteopathic physicians professional negligence limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Osteopathic physician’s assistant, professional negligence limitation on 4.16.350 Pain and suffering of deceased person personal representative may recover only on behalf of the decedent’s beneficiaries 4.20.046 Parties to actions interlocal cooperation, real party in interest 39.34.040 spouse or domestic partner sue on behalf of community 4.08.030 when they may join, defend 4.08.040 Partition proceedings, See PARTITION Partnerships Ch. 25.05 Paternity, See UNIFORM PARENTAGE ACT Pawnbrokers and second-hand dealers recovery action by owner of goods 19.60.062 Pay-per-call information delivery services violations, action for damages 19.162.070 Penalties amount of recovery 4.24.160 collusion, payment by does not bar subsequent recoveries 4.24.170 Pensions, See RETIREMENT AND PENSIONS Personal injuries comparative negligence effect of 4.22.005 contributory negligence effect of 4.22.005 fault, defined 4.22.015 joint and several liability contribution enforcement of 4.22.050 right of 4.22.040 multiple persons at fault, joint and several liability 4.22.030 parents’ liability for children’s acts 4.24.190 settlement agreements, effect of 4.22.060 spouse or domestic partner, negligence not imputed 4.22.020 Personal injury action actions limited to three years 4.16.080 complaint not to include statement of damages, request for statement 4.28.360 injured person, death of does not abate action for personal injuries 4.20.060 injury or death of child 4.24.010 investigative information, criminal justice agencies, available to victims 10.97.070 survival of on death of injured person 4.20.060 tort feasor’s death does not abate action 4.20.046 Personal property actions for recovery of 4.56.080 limitation of action 4.16.080 trial of issues of fact, by whom tried 4.40.060 variance in pleading, effect of 4.36.210 child maliciously injuring, action against parent allowed, limitation 4.24.190 injury to negligently permitting fire to spread 4.24.040 Pharmacist, professional negligence limitation on 4.16.350 Physical therapists, professional negligence limitation on 4.16.350 Physician and surgeon, professional negligence limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Physician’s assistant, professional negligence limitation on 4.16.350 Physician’s trained mobile intensive care paramedic, professional negligence limitation on 4.16.350 Pleadings action to recover property distrained, answers 4.36.140 actions by cities and towns to terminate trust, property acquired at local improvement or utility local improvement foreclosure proceeding 35.53.050 Pleadings, See also PLEADINGS Podiatric physicians and surgeons professional negligence limitation on 4.16.350 Podiatrists professional negligence standard of proof, evidence, exception 4.24.290 Port districts garnishment of employees’ wages 53.08.170 toll facility damages 53.34.200 Practical nurse, professional negligence limitation on 4.16.350 Private conversation, interrupting 9.73.060 Prizes, promotional advertising of prizes damages from deceptive act, action against sponsor or promoter authorized 19.170.060 Probate, See PROBATE Product liability actions Ch. 7.72 Product liability/hazardous substance claims confidentiality 4.24.611 damages and costs 4.24.611 public right to information 4.24.611 Professional negligence claims arising from 4.16.350 Prohibition, See PROHIBITION, WRIT OF Property damage, aiding a police officer or other officer of the law, limitation, exception 9.01.055 Property damages caused by removal, waste or injury, liability 4.24.630 Psychologist, professional negligence limitation on 4.16.350 Public hazards disclosure 4.24.601 Public utilities, See PUBLIC UTILITIES, subtitle Actions Public utility districts 54.16.110 Quieting title, see EJECTMENT AND QUIETING TITLE Quo warranto, See QUO WARRANTO Real property child maliciously injuring, action against parent allowed, limitation 4.24.190 improvements to, public policy against agreements indemnifying for negligence related to 4.24.115 purchase money, recovery of 4.08.100 specific performance of contract to purchase 4.08.100 unknown heirs 4.28.140 [RCW Index—page 5] ACTS waste 64.12.010 Receivers Ch. 7.60 Receivers, See also RECEIVERS AND RECEIVERSHIPS Recreational, woodcutters’ use of land, water, owner’s liability, limitation 4.24.210 Registered nurse, professional negligence limitation on 4.16.350 Replevin, See REPLEVIN Residential landlord-tenant act 59.18.040 Restitution, See RESTITUTION Sales seller’s remedies for breach of obligations 62A.2-709 third party actions 62A.2-722 School districts 4.08.110, 4.08.120 Seduction barred, when 4.24.020 child or ward 4.24.020 Service of process corporations, service on secretary of state nonprofit corporations 24.03.060 Settlement conferences supreme court to adopt rules 2.04.215 Settlement offers time period 4.84.280 Sewer districts, See SEWER DISTRICTS Sewerage, water and drainage systems, counties, delinquent charges, action for 36.94.150 Sexual assault protection orders accountability, conduct of others 7.90.100 administrative office of the courts duties 7.90.180 advocates, sexual assault 7.90.060 burden of proof 7.90.090 contents 7.90.130 counsel, appointment 7.90.070 court initiated issuance 7.90.150 data, law enforcement agencies 7.90.160 definitions 7.90.010 evidence 7.90.080 ex parte temporary orders 7.90.110, 7.90.120, 7.90.190 fees not permitted 7.90.055 hearings prior to issuance 7.90.050 legislative declaration 7.90.005 modification or termination 7.90.170 petition for additional requirements 7.90.040 creation, contents 7.90.020 who may file 7.90.030 service to respondent 7.90.140 Shoplifting, unpaid restaurant meals, additional penalty, judgment for, assignability 4.24.230 Special open consignment horse sales 16.65.260 State against, See STATE, subtitle Actions against suits against state, legislature to make provision for Const. Art. 2 § 26 State, See also STATE Statute of limitations, See LIMITATION OF ACTIONS Support, child and spousal support, See UNIFORM INTERSTATE FAMILY SUPPORT ACT Support, See CHILD SUPPORT Sureties, See SURETIES Survival of actions, See SURVIVAL OF ACTIONS Taxation action by other state to enforce collection 4.24.140 Term limits for state and national elected officials action to enforce limit, any citizen authorized to bring 7.16.370 Territory of Washington, validity Const. Art. 27 §4 Tort actions contributory negligence effect of 4.22.005 fault, defined 4.22.015 joint and several liability [RCW Index—page 6] contribution enforcement of 4.22.050 settlement agreements, effect of 4.22.060 Trade secret misappropriation Ch. 19.108 Transportation companies, See TRANSPORTATION COMPANIES, subtitle Actions Travel business, actions for damages 19.138.280 Trust and estate dispute resolution Ch. 11.96A Trustees, See TRUSTEES Unclaimed property, See ESCHEATS; UNCLAIMED PROPERTY Uniform commercial code time for taking actions 62A.1-204 Unsolicited goods or services are gifts when provided, complete defense 19.56.020 Usury Ch. 19.52 defense, exceptions 19.52.080 Vehicle business practices damages, limitation 46.70.190 Vehicle dealers, limitation on recovery from bond 46.70.070 Venue, See VENUE Water districts, See WATER DISTRICTS Water pollution civil penalty 90.48.144 liability for damages 90.48.142 Water rights ground waters determination and appropriation Ch. 90.44 surface waters, determination and appropriation Ch. 90.03 Wrongful death actions 4.20.010 contributory negligence fault, defined 4.22.015 settlement agreements, effect of 4.22.060 Year 2000 failure, liability 4.22.080 ACTS (See ORDINANCES AND RESOLUTIONS; SESSION LAWS; STATUTES) ACTUARY (See STATE ACTUARY, OFFICE OF) ACUPUNCTURE AND ACUPUNCTURISTS Acupuncture assistants application of acupuncture certification requirements 18.06.180 Ad hoc advisory committee 18.06.080 Consultation and referral, written plan 18.06.140 Definitions 18.06.010 Drug prescription authority not granted by chapter 18.06.210 Education program approval process 18.06.060 Examinations application 18.06.050, 18.06.070 powers and duties of secretary of health 18.06.080 Grandfather clause affecting acupuncture assistants 18.06.180 Immunity from civil action when charging another with incompetency or gross misconduct 4.24.250 Immunity from prosecution performing duties on committee or board 4.24.240 Insurance coverage not mandatory 18.06.200 Investigation of applicant’s background 18.06.100 Licenses education requirements 18.06.050 English fluency a prerequisite 18.06.090 examinations application approval and fee payment 18.06.070 powers and duties of secretary of health 18.06.080 exemptions 18.06.045 investigation of applicant’s background 18.06.100 licensing by endorsement 18.06.190 practice without certification unlawful 18.06.020 registration requirements 18.06.120 Osteopathic physicians’ assistants, authorization and limitations 18.57A.070 Patient information form 18.06.130 Physician assistants, continued practice under present license authorized 18.71A.085 Practice of medicine and surgery, infringement not permitted by chapter 18.06.210 Professional negligence standard of proof 4.24.290 Rules adoption, authority of secretary of health 18.06.160 Uniform disciplinary act, application 18.06.110 AD VALOREM TAX (See TAXES PROPERTY) ADAMS COUNTY Boundaries, tracing of 36.04.010 Superior court judges, number of 2.08.063 ADDITIONS Real property, recording of plats 58.08.020 ADJOURNMENTS (See also CONTINUANCES) Courts while jury is out 4.44.350 Insurance hearings 48.04.060 Judges, power of 2.28.120 Justice and inferior courts act of 1961 3.30.060 Justices of the peace power of 2.28.120 Legislature from day to day Const. Art. 2 § 8 restrictions on each house as to Const. Art. 2 § 11 Referee’s power of 4.48.060 Superior courts hearings 7.36.110 power of 2.28.120 while jury is out 4.44.350 Supplemental proceedings 6.32.050 ADJUSTERS (See INSURANCE, subtitle Adjusters) ADJUSTMENT, BOARD OF Cities and towns, providing for 35.63.080 Counties, See COUNTIES, subtitle Plans and planning ADJUTANT GENERAL (See MILITIA AND MILITARY AFFAIRS) ADMINISTRATIVE DEPARTMENTS AND AGENCIES (See STATE DEPARTMENTS AND AGENCIES) ADMINISTRATIVE HEARINGS, OFFICE OF Adjudication records 34.05.220 Administrative hearings revolving fund accounting procedures 34.12.150 allotment by director of financial management 34.12.140 created, purposes 34.12.130 disbursements from 34.12.140 financial management, director of, allotment by 34.12.140 payments into 34.12.140 direct, by agencies, when authorized 34.12.150 employment security department, limitation on 34.12.140 limitation on 34.12.140 transfers into 34.12.140 Administrative law judge agency hearings conducted by 34.12.040 agency request for assignment of 34.12.050 appointment and contractual basis 34.12.030 decision, initial or proposal for decision, duty to issue, contents 34.12.060 human rights commission, assign to 34.12.037 landlord-tenant proceedings 34.12.036 local government whistleblower protection proceedings (2008 Ed.) ADMINISTRATIVE PROCEDURE assignment of judge to conduct proceedings at request of local government 34.12.038 costs for proceedings, allocation of responsibility for 34.12.039 prejudice, motion of against 34.12.050 salaries, how determined 34.12.100 state patrol disciplinary hearings, designated for 34.12.035 Agency hearings to be conducted by administrative law judges assignment criteria 34.12.040 Application of chapter, effective date 34.12.110 Bilingual services public assistance applicants and recipients 74.04.025 Chief administrative law judge administrative hearings revolving fund accounting procedures 34.12.150 disbursements from 34.12.140 payments into, direct, by agencies, request for 34.12.150 appointment 34.12.010, 34.12.120 duties 34.12.030, 34.12.035 procedural rules 34.05.250 qualification 34.12.010 record of hearings, method of, establishment, implementation 34.12.070 salary, how determined 34.12.100 Created 34.12.010 Decision, initial or proposal for decision, duty of hearings judge to issue, contents 34.12.060 Definitions 34.12.020 Human rights commission assign an administrative law judge to 34.12.037 Personnel, appointment 34.12.030 Prejudice, motion of, against assigned law judge 34.12.050 Procedural conduct of hearings, rules for 34.12.080 Record of hearings, method of, establishment, implementation 34.12.070 Rules for operation of 34.12.030 Salaries 34.12.100 Transfer of employees and equipment 34.12.090 ADMINISTRATIVE PROCEDURE (See also RULES AND REGULATIONS) Accountancy, board of rule-making authority 18.04.055 Adjudication appeal to supreme court or court of appeals 34.05.526 applications, actions on 34.05.419 brief proceedings 34.05.482, 34.05.485, 34.05.488, 34.05.491, 34.05.494 commencement 34.05.413 conferences 34.05.431 conversion of proceedings 34.05.070 cross-examination 34.05.452 decision not to conduct 34.05.416 default 34.05.440 discovery 34.05.446 effective date of orders 34.05.473 emergency proceedings 34.05.479 evidence 34.05.452 ex parte communications 34.05.455 functions, separation of 34.05.458 intervention 34.05.443 judicial review court of appeals direct review authorized 34.05.518 refusal of review 34.05.522 licenses 34.05.422 notice 34.05.434 orders entry, exception 34.05.461 initial, review of 34.05.464 petition for review 34.05.514 pleadings, briefs 34.05.437 presiding officers 34.05.425 procedure at hearing 34.05.449 procedures 34.05.410 (2008 Ed.) protective orders 34.05.446 public inspection of records, indexes, and digests 34.05.220 rate changes 34.05.422 reconsideration 34.05.470 record of each proceeding 34.05.476 representation of parties 34.05.428 secure community transition facility 34.05.4791 stay 34.05.467 subpoenas 34.05.446 Adjudicative proceedings support of dependent children department of social and health services participation 74.20.057 Administrative hearings, office of Ch. 34.12 Administrative procedure act Ch. 34.05 Administrative rules, See CODE REVISER Agency rule-making activity, quarterly report 1.08.112 Agency rulemaking procedure, requirements 34.05.220 Agency subpoenas enforcement petition to superior court 34.05.588 Agenda for rules under development 34.05.314 Air pollution control 70.94.410 Appeal to supreme court or court of appeals 34.05.526 Appeals, victims of crimes, compensation of 7.68.110 Appeals to court of appeals 2.06.030 Appearance of fairness doctrine Ch. 42.36 Associations of agricultural producers 24.34.020 Auctions and auctioneers 18.11.200, 18.11.205 Bail bond agents, application of administrative procedure act 18.185.200 Business professions, regulation guidelines Ch. 18.118 Businesses rules coordinator, duty to provide list of applicable agency rules to business assistance center 43.17.310 Camping resorts, regulation 19.105.530 Charitable solicitations 19.09.430 Child welfare services complaint resolution process 74.13.045 Commercial feed law 15.53.9012 Contempt of court sanctions, petition to court for imposition of 7.21.060 Contested cases appeals to court of appeals 2.06.030 Contractors registration infractions Ch. 18.27 Conversion of proceedings 34.05.070 Decisions appeals to court of appeals 2.06.030 Declaratory orders by agency 34.05.240 Definitions 34.05.010 Ecology department, administrative procedure act application 43.21A.070 Egg handlers’ and dealers’ licenses 69.25.040 Electronic distribution of rules 34.05.260 Elevators, lifting devices and moving walks 70.87.090 Emergency medical care and transportation services 18.73.200 Emergency rules 34.05.090, 34.05.350 Employment agencies 19.31.130, 19.31.260 Enforcement appellate review 34.05.594 defenses, limitation 34.05.586 petition by agency 34.05.578 petition by other than agency 34.05.582 Environmental rules challenges to consistency, procedure 43.21B.250 Escrow agents or officers, licensing 18.44.270 Exclusions from chapter 34.05.030 Exclusive means of judicial review 34.05.510 Exhaustion of administrative remedies 34.05.534 Feasibility studies pilot projects 34.05.313 Federal requirements in conflict with construction 34.05.040 Fishing licenses commercial license limitation programs, review of decisions 77.70.040 Food, drug, and cosmetic act enforcement Ch. 69.04 Food processing licenses 69.07.070 Forest practices appeals board appeals cases, mediation proceedings 76.09.230 Franchise investments, stop orders 19.100.120, 19.100.130 Frivolous civil actions 34.05.598 Health professions regulation criteria Ch. 18.120 uniform administrative provisions Ch. 18.122 uniform disciplinary act Ch. 18.130 Hearings, See ADMINISTRATIVE HEARINGS, OFFICE OF Horticultural plants and facilities 15.13.260, 15.13.360 Housing finance commission rule adoption 43.180.110 Incorporation by reference, authority 34.05.365 Informal settlements 34.05.060 Insurance commissioner 48.03.070 Interpretive and policy statements 34.05.230 Interpretive statements review by rules review committee 34.05.630 Judicial conduct commission investigations and proceedings not subject to act 2.64.092 Judicial review 34.05.570 agency record 34.05.566 awards of fees and other expenses, report 43.88.067 court of appeals direct review authorized 34.05.518 refusal of review 34.05.522 enforcement agency subpoenas 34.05.588 appellate review 34.05.594 defenses, limitation 34.05.586 petition by agency 34.05.578 petition by other than agency 34.05.582 evidence, new, when allowed 34.05.562 exclusive means of 34.05.510 exhaustion of administrative remedies 34.05.534 facts, confined to record 34.05.558 frivolous petitions 34.05.598 incorporation of other provisions 34.05.590 limitation on new issues 34.05.554 petition 34.05.542, 34.05.546 petition for 34.05.514 relief, type available 34.05.574 standing 34.05.530 stay and other temporary remedies 34.05.550 Judicial review of agency action award of fees and expenses 4.84.350 definitions 4.84.340 land use decisions, appeals and award of fees and costs 4.84.370 payment of fees and expenses, report 4.84.360 Land use decisions appeals and award of fees and costs 4.84.370 Legislative intent 34.05.001 Legislative review of rules 34.05.610, 34.05.620, 34.05.660 Licenses adjudication 34.05.422 Limited access highways, petitions by abutters 47.52.195 Limited liability companies Ch. 25.15 Liquor control board permits and licenses 66.08.150 Livestock, inhumane slaughter Ch. 16.50 Low-level radioactive waste disposal sites rate setting complaints, hearing procedure 81.108.080 [RCW Index—page 7] ADMINISTRATOR FOR THE COURTS exemption from regulation absent a monopoly situation 81.108.100 monopoly situation, determination of existence, criteria 81.108.100 Mediation proceedings mediation by state or federal agency, determination of questions of privilege and confidentiality 5.60.072 Milk and milk products chapter 34.05 RCW, application 15.36.025 Milk and milk products for animal food 15.37.020, 15.37.080, 15.37.090 licenses requirements 15.37.030 Milk pooling act 15.35.100 Model rules of procedure 34.05.250 Mortgage brokers, application 19.146.230 Nursing homes 18.51.065 Open public meetings, matters governed by Title 34 RCW, exception from open public meetings law 42.30.140 Optometry board 18.54.090 Pesticide application 17.21.040, 17.21.050, 17.21.060 Pesticide control act 15.58.040, 15.58.260 Pilot projects 34.05.313 Plumbers infractions 18.106.250 Policy statements, guidelines, and issuances review by rules review committee 34.05.630 rules review committee objection as outside legislative intent 34.05.640 Pollution control hearings board, jurisdiction and duties Ch. 43.21B Private investigators 18.165.270 Procedures of various agencies to accord Administrative Procedure Act associations of agricultural producers 24.34.020 insurance commissioner 48.03.070, 48.30.010, 48.44.020 limited access highways, review and appeal on petitions of abutters 47.52.195 social and health services, department of mentally ill, charges 43.20B.335 state lottery commission and director 67.70.280 Public assistance grievances, review 74.08.080 Public disclosure commission 42.17.350 Public livestock markets 16.65.020 Rate changes adjudication 34.05.422 Regulatory fairness, See also REGULATORY FAIRNESS Regulatory fairness act Ch. 19.85 Relief, remedies 34.05.574 Rules adoption, amendment, or repeal appeal 34.05.330 petition for 34.05.330 state register, contained in 34.08.020 agenda for rules under development 34.05.314 amendment incorporating editorial corrections 34.05.390 amendment of state register, contained in 34.08.020 compliance technical assistance programs Ch. 43.05 concise explanatory statement 34.05.325 conversion of proceedings 34.05.070 declaratory orders 34.05.240 docket 34.05.315 effective dates 34.05.380 electronic distribution 34.05.260 emergency 34.05.090 emergency rules 34.05.345, 34.05.350 state register, contained in 34.08.020 filing and publication 34.05.385 filing with code reviser 34.05.380 final rule, substantial variance with proposed rule determination 34.05.340 [RCW Index—page 8] format and style 34.05.390 existing sections, amending of 34.05.395 failure to comply, effect 34.05.395 new sections, adding 34.05.395 standardization by code reviser 34.05.385 gender-neutral language 43.01.160 goals and specific objectives, detailed statement to include 34.05.328 hearings 34.05.325 incorporation by reference, authority 34.05.365 interpretive and policy statements 34.05.230 judicial notice 34.05.210 negotiated rule-making 34.05.310 notice of hearing, contents, filing, and distribution 34.05.320 notice requirements 34.05.345 numbering system 34.05.390 order adopting rule 34.05.360 pilot rules 34.05.310 postadoption notice 34.05.362 prenotice inquiry, contents 34.05.310 procedural rules 34.05.220, 34.05.250, 34.05.375 proposed adoption, time and manner 34.05.335 concise explanatory statement 34.05.325 notice of hearing, contents, filing, and distribution 34.05.320 register information, accuracy of 34.05.325 variance with final rule 34.05.340 withdrawal of 34.05.335 written summary of comments received 34.05.325 public participation 34.05.325 register filed rules, kept by code reviser 34.05.380 publication by code reviser 34.05.210 repeal state register, contained in 34.08.020 respectful language requirements 34.05.100 review by rules review committee 34.05.630 rule-making file 34.05.370 scope of agencies’ rule-making authority 34.05.322 significant legislative rules rule-making requirements 34.05.328 substantial compliance with rule-making procedures 34.05.375 technical assistance programs to encourage compliance Ch. 43.05 telefacsimile or recorded telephone comments, acceptance in regard to proposed rules 34.05.325 variance between proposed and final rule 34.05.340 Rules coordinators businesses, duty to provide list of applicable agency rules to business assistance center 43.17.310 designation 34.05.312 Rules review committee advisory boards, appointment 34.05.671 created 34.05.610 enforcement of committee subpoena 34.05.681 membership, terms, vacancies 34.05.610 no presumption of legality 34.05.660 objections to agency action 34.05.640 petition for review 34.05.655 powers and authority 34.05.675 procedure 34.05.620 recommendations to the legislature 34.05.650 reports on findings or recommendations 34.05.671 review procedure 34.05.630 scope of review authority 34.05.630 state employees submitting rules warranting review, protection 34.05.665 suspension of rule 34.05.640 Savings and loan associations conversion 33.44.130 conversions of savings and commercial bank to association 33.46.130 Security guards 18.170.210, 18.170.280 Shoreline management act Ch. 90.58 Small business economic impact statement and rule-making procedure Ch. 19.85 Small business export finance assistance center rule-making authority 43.210.060 Social and health services, department of Ch. 43.20A fines, civil, assessment of procedure, appeals 43.20A.215 licenses denial, suspension, revocation, or modification, procedure, appeals 43.20A.205 mentally ill, charges 43.20B.335 Standing 34.05.530 State agency action reviewable under act or land use petition act certiorari, mandamus, and writ of prohibition do not apply 7.16.360 State patrol 46.38.030 Stay and other temporary remedies 34.05.550 Support of dependent children adjudicative proceedings department of social and health services participation 74.20.057 Time limits, variation 34.05.080 Transportation department, rest areas, historic sites and viewpoints 47.38.010 Vehicle dealers, salesmen, and manufacturers 46.70.102 Victims of crimes, compensation and assistance 7.68.030 Waiver of rights 34.05.050 Washington administrative code, See CODE REVISER Water pollution control, application of administrative procedure act 90.48.230 Water rights Ch. 90.14 Weights and measures, grievance procedure 19.94.265 ADMINISTRATOR FOR THE COURTS Appellate indigent defense public defense, office of Ch. 2.70 Appointment of 2.56.010 Assignment of judges, recommendations for 2.56.040 Assistants to 2.56.020 Child support order summary report form, duties 26.18.210 Cost bills in felony cases, audit of, duties 10.46.230 Courts of limited jurisdiction electronic recording equipment, installation, operation, supervision 3.02.040 Disabilities, persons with court access and accommodations coordinator 2.56.210 Domestic relations standard forms and format rules, duties 26.18.220 Domestic violence forms, instructions, and informational brochures, preparation 26.50.035 Enhanced enforcement district duties 2.56.110 Family and juvenile court improvement program 2.56.220, 2.56.230 Family law handbook 2.56.180 Foster care citizen review board system funds, authority to apply for and use public and private funds 13.70.130 Guardians ad litem mandatory use and certification, review of advisability and feasibility 2.56.150 Guardians ad litem curriculum 2.56.030 Harassment, model forms and brochures 10.14.050 (2008 Ed.) ADULT FAMILY HOMES Information and statistical data supplied to 2.56.050 Judge pro tempore appointments 2.56.170 Judicial impact notes copies to be filed 2.56.120 development of with office of financial management 2.56.120 legislators may request 2.56.120 procedure, establishment of 2.56.120 Juvenile justice laws and court processes and procedures, informational materials 2.56.130 offender information, collection and reporting 2.56.031 Juveniles state identification number state patrol to furnish 10.98.080 Legal financial obligations collection and distribution 2.56.190 Office created 2.56.010 Performance audits 2.56.200 Powers and duties 2.56.030 Practice of law 2.56.020 School attendance violation petitions, report 2.56.140 Training and education programs for judicial personnel 2.56.030 Vulnerable adults petition, order for protection 74.34.115 Warrant processing pilot program 2.56.160 Weighted caseload analysis 2.56.030 ADMINISTRATORS (See EXECUTORS AND ADMINISTRATORS) ADMIRALTY (See also VESSELS AND SHIPPING) Liens on boats and vessels 60.36.020 ADMISSIBILITY OF EVIDENCE Business records copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 as evidence, uniform act 5.45.010, 5.45.020, 5.45.900, 5.45.910, 5.45.920 Certified copies of public records and documents 5.44.040 Civil rights, copies of instruments restoring 5.44.090 Court records and proceedings 5.44.010 Foreign statutes 5.44.050 Medical malpractice suits gestures of apology 5.64.010 Moral nuisances injunction proceedings admission or guilt in criminal proceedings 7.48.072 reputation 7.48.074 Ordinances of city or town 5.44.080 Public records, copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 Recorded and filed instruments, copies as evidence 5.44.060, 5.44.070 Testimony, decision of court as to 4.44.080 Transcripts of county commissioners proceedings 5.44.070 ADMISSION CHARGE Cities and towns, taxation 35.21.280 Counties, taxation 36.38.010, 36.38.020, 36.38.030 Public facilities districts, taxation 35.57.100, 36.100.210 ADOPTION Adoption support program administration of program 74.13.109 agreements for adoption support between adoptive parents and state 74.13.124, 74.13.127 definitions 74.13.139 fees for services 74.13.103 financial information required of adoptive parents 74.13.121 (2008 Ed.) funds and fees, disposition and use 74.13.106 payments application 74.13.116 determination 74.13.112 method of payment 74.13.115 nonrecurring adoption expenses 74.13.130 review 74.13.118 policy declaration 74.13.100 recommendations for support 74.13.136 reconsideration program for medical and counseling services, eligibility 74.13.150 recordkeeping requirements 74.13.133 Background investigations of prospective adoptive parents 43.43.830 Birth certificates, issuance of, contents 70.58.210 Birth parent search confidential intermediary 26.33.343 release of information, conditions 26.33.347 Child selling, buying lawful and unlawful acts 9A.64.030 Children with special needs interstate agreements 74.13.152, 74.13.153, 74.13.154, 74.13.155, 74.13.156, 74.13.157, 74.13.158, 74.13.159 Consent, when not required 26.33.170 County clerk search for birth parents or children clerk’s duty to provide information regarding sources of assistance 36.23.090 Descent and distribution included as of the blood of ancestor 11.04.035 lawfully adopted child not an heir of natural parents 11.04.085 Disposal of infants agencies for children, expectant mothers, developmental disabilities, care and placement, licensing 74.15.100 Family and social history reports, requirements 26.33.380 Generally Ch. 26.33 Home recruitment program 74.13.325 Home studies, purchase of services from nonprofit agencies 74.13.165 Indian child welfare 26.33.040, 26.33.270, 26.33.310 Indians, assumption of state jurisdiction 37.12.010 Inheritance, children adopted by parents, effect 11.02.005 Insurance coverage 48.01.180 health care 48.20.500, 48.21.280, 48.44.420, 48.46.490 Interstate compact on placement 26.34.010 Issue, defined 11.02.005 Medical reports on children’s mental or physical history, requirements 26.33.350 Parental leave application, determination of effective date 49.12.370 discrimination prohibited 49.12.360 legislative findings 49.12.350 Petitions court commissioners’ power to hear and determine 2.24.040 Indian child welfare act 26.33.040 Preplacement 26.33.190 Private agencies receiving children from public assistance may not discriminate 74.13.031 Race, color, or national origin, consideration in placement 26.33.045 Recording of decree with department of registration of births 70.58.210 Records and reports, standards for locating 26.33.385 Records sealed, conditions for inspection 26.33.330 Recruitment of homes for special needs children 74.13.320 Special legislation forbidden Const. Art. 2 § 28 Teenage applicants for general assistance referral services 74.04.0052 Teenage applicants for temporary assistance for needy families referral services 74.12.255 Voluntary adoption plan and termination of parental rights 13.34.125 ADULT DEPENDENT PERSONS (See DEPENDENT ADULTS) ADULT FAMILY HOMES Advisory committee 70.128.220, 70.128.225 Care of residents, requirements 70.128.130 Complaints discrimination or retaliation prohibited 70.128.200 dispute resolution process 18.20.195 toll-free telephone number 70.128.200 Definitions 70.128.010, 70.128.175 Dispute resolution process 70.128.167 Exempt residential facilities 70.128.030 Fire safety regulations, state and local compliance required 70.128.140 Food safety training 70.128.250 Indian tribes, duties of department regarding homes licensed by tribes 70.128.122 Injunction if conditions warrant 70.128.105 Inspection reports availability for review required 70.128.080 Inspections powers and duties of department of social and health services 70.128.090 when required, correction of violations 70.128.070 Licenses availability for review required 70.128.080 general provisions 70.128.060 inspections, correction of violations 70.128.070 multiple facilities 70.128.065 priority processing 70.128.064 required after July 1, 1990 70.128.050 suspension immediate when conditions warrant 70.128.100 Local codes compliance required 70.128.140 Local quality assurance projects homes encouraged to work with 70.128.150 Long-term care caregiver training 70.128.230, 70.128.240 Long-term care ombudsman program, interference with duties prohibited, penalty 70.128.150 Maintenance requirements 70.128.130 Medication assistance 69.41.085 Multiple facility operators, requirements 70.128.065 Noncompliance of violations actions department of social and health services 70.128.160 Operating without license consumer protection act, application 70.128.058 injunction or civil penalty 70.128.057 misdemeanor 70.128.055 Producers Title 41 RCW, not applicable to 41.04.810 Professionalization of providers 70.128.220 Providers food safety training 70.128.250 qualifications 70.128.120 Public agency contractors unlicensed home, duty to report 70.128.110 unlicensed home, prohibited from recommending 70.128.110 Resident managers qualifications 70.128.120 Residents’ rights 70.128.125, Ch. 70.129 Rules and standards adoption by department of social and health services 70.128.040 negotiated rule making, statewide unit of licensees 70.128.043 Safety requirements 70.128.130 [RCW Index—page 9] ADULT RESIDENTIAL CARE Tax exemption 82.04.327 Temporary management program 70.128.163 Training standards and delivery system review 70.128.210 Unlicensed investigation by department of social and health services 70.128.110 public agency contractors, duty to report 70.128.110 public agency contractors prohibited from recommending 70.128.110 ADULT RESIDENTIAL CARE (See LONGTERM CARE) ADULTERATION Commercial feed 15.53.902 Cosmetics 69.04.670 Drugs 69.04.410, 69.04.420, 69.04.430, 69.04.440 Eggs and egg products 69.25.080 Fertilizers 15.54.414 Food products 69.04.210, 69.04.220, 69.04.231, 69.04.240 Pesticides 15.58.140, 15.58.150 Poisons in edible products Ch. 69.40 ADVANCEMENTS Joint operating agencies, advancements by members, interest 43.52.391 Liens for transportation, storage, and advancements, See LIENS, subtitle Transportation, storage, and advancements Probate death of advanced descendant 11.04.041 defined 11.04.041 exceeding distributive share 11.04.041 how considered 11.04.041 less than distributive share 11.04.041 value, how determined 11.04.041 ADVERSE PARTIES Notice of change and substitution of attorney given to 2.44.050 Removal or death of attorney of opposing party, duties 2.44.060 ADVERSE POSSESSION Action to quiet title by known heirs after ten years possession 7.28.010 Color of title, counterclaim for permanent improvements and taxes paid 7.28.160 Color of title and payment of taxes, action under 7.28.070 public lands exception 7.28.090 vacant and unoccupied lands 7.28.080 Connected title deducible of record 7.28.050, 7.28.060 Counterclaim for permanent improvements and taxes paid 7.28.160, 7.28.170, 7.28.180 Devisees and legatees action under color of title and payment of taxes 7.28.070 connected title deducible of record 7.28.060 public lands exception 7.28.090 vacant and unoccupied lands 7.28.080 Forest lands 7.28.085 Good faith action under color of title and payment of taxes 7.28.070 public lands exception 7.28.090 vacant and unoccupied lands 7.28.080 counterclaim for permanent improvements and taxes paid 7.28.160 Greenbelts or open space not subject to adverse possession 36.70A.165 Heirs action under color of title and payment of taxes 7.28.070 public lands exception 7.28.070 vacant and unoccupied lands 7.28.080 connected title deducible of record 7.28.060 Incompetent persons 7.28.090 Infants 7.28.090 Limitation of action, persons under legal disability 7.28.090 [RCW Index—page 10] Minors 7.28.090 Public lands 7.28.090 School lands 7.28.090 State lands 7.28.090 United States lands 7.28.090 Use of property by public for recreational purposes, nonsupportive of 4.24.210 Vacant and unoccupied lands 7.28.080 persons under legal disability 7.28.090 public lands exception 7.28.090 ADVERTISING Abortion, articles or drugs for 9.68.030 Accountants, effect of false advertising 18.04.380 Adoption services prohibited practices, exceptions, and penalties 26.33.400 Agricultural commodities Washington state grown, restrictions on use for labeling or advertising 15.04.410 Alcoholic beverages, liquor control board restrictions 66.08.060 Alien banks, regulation of 30.42.170 Apple commission Ch. 15.24 Auctioneers and auction companies newspaper advertisement requirements 18.11.210 Bank or trust company advertising legal services or furnishing of, penalty 30.04.260 use of words restricted to banks and trust companies 30.04.020 Billboards highway advertising control act Ch. 47.42 railroad grade crossings, regulation of 36.86.100, 47.32.140 Blind made products 19.06.030 Bus shelters 47.36.141 Charitable solicitations, conditions 19.09.100 Consumer leases unlawful acts or practices 63.10.045 Contractors 18.27.100, 18.27.102, 18.27.104 Cosmetics false advertising 69.04.710 County, publication in official county paper 36.72.071, 36.72.080, 36.72.090 Crimes, See CRIMES, subtitle Advertising Dairy products commission 15.44.130 Debt adjusters, false or misleading statements prohibited 18.28.120 Dentistry, prohibited practices 18.32.665, 18.32.755 Drugs false advertising 69.04.710, 69.04.720 Election campaigns identification of sponsor 42.17.510 independent expenditures disclosure statement 42.17.550 picture of candidate 42.17.520 False, untrue, or deceptive assurance of discontinuance of practice, filing of, use of evidence 9.04.080 injunctive or restraining action against 9.04.060 penalties 9.04.070 penalty for violations of order or injunction against 9.04.070 prohibited 9.04.050 prohibited, penalties 9.04.010 False advertising or misleading labeling, how determined 69.04.016 Flags, use of in advertising prohibited, penalty 9.86.020 Food and food products false advertising 69.04.710 Franchise investments, requirements 19.100.100, 19.100.110 Gasoline prices service stations 9.04.090 Going out of business sales Ch. 19.178 Health care service contractors, prohibited practices 48.44.110 Highway advertising control act of 1961, See HIGHWAYS, subtitle Highway advertising control Highway construction bond issue, public sale of advertised 47.10.050, 47.10.190, 47.10.320, 47.10.450, 47.10.710 Horticultural plants and facilities false advertising 15.13.425 unlawful acts 15.13.420 House to house sales by minors employment advertisements, requirements and prohibitions 49.12.310 Injunction or restraining action against false or deceptive advertising 9.04.060 Insurance deceptive and misleading 48.30.040 health care service contractors 48.44.110 Insurance, See also INSURANCE, subtitle Advertisements Insurance companies, organization, false exhibits 48.06.190 Lease-purchase agreements 63.19.090 Legal notices rates 65.16.091 Legal services furnished by bank or trust company 30.04.260 Limousine service operators 46.72A.080 Marriage by courts of limited jurisdiction, advertising prohibited 3.66.110 Mobile homes dimensions 46.70.135 Motor freight carriers, violations 81.80.355 Moving companies advertisements, contents 81.80.357 Moving sales, restrictions 19.178.100 Mutual savings banks, misleading advertising as to surplus or guaranty fund 32.12.080 Optometry, unlawful advertising 18.53.140, 18.53.145 Osteopathic medicine and surgery, regulations 18.57.140 Pay-per-call information delivery services, advertisement requirements and restrictions 19.162.040 Pharmacies, unlawful practices of nonresident pharmacies 18.64.400 Physical therapists limitations 18.74.085 violations 18.74.090 Political advertising compliance is duty of sponsor 42.17.540 false information prohibited 42.17.530 national advertising rate applies to 65.16.095 Political advertising, See also PUBLIC DISCLOSURE Port districts, promotion of facilities 53.08.160 Prizes, promotional advertising of prizes Ch. 19.170 Promotional contests of chance 9.46.0356 Sales, going out of business sales Ch. 19.178 Savings and loan associations use of misleading words 33.08.010 Scenic vistas act Ch. 47.42 Service stations gas prices 9.04.090 State publications advertisers placing advertisements in state publications, prerequisites for placing 40.07.070 Surplus or donated food commodities, school hot lunches, advertisement not necessary 28A.235.050 Telephone buyers’ protection act Ch. 19.130 Timeshare regulation, See TIMESHARE REGULATION Transportation department may contract with public utilities and municipal corporation without advertising 47.01.210 (2008 Ed.) AERONAUTICS AERONAUTICS (See also TRANSPORTATION, DEPARTMENT OF) Accidents, investigations, hearings, subpoenas, joint hearings 47.68.290 Air school, defined 14.16.010 Air transportation commission, See AIR TRANSPORTATION COMMISSION Aircraft business and occupation tax commercial airplanes or components, manufacturing 82.04.260 certificate required 47.68.230 dealer’s certificate 14.20.040 display of 14.20.060 fees 14.20.050, 14.20.060 dealer’s license application 14.20.020, 14.20.030 branches and subagencies 14.20.080 dealer’s certificate 14.20.040 definitions 14.20.010 denial, suspension, revocation 14.20.090, 14.20.100 display of 14.20.060 fees 14.20.050, 14.20.060 surety bond required 14.20.070 unlawful without 14.20.020 defined 14.16.010 federal licensing of required 14.16.020 registration certificate required 47.68.230 excise tax evasion 47.68.255 fees 47.68.250 requirements 47.68.250 seizure, See DRUGS, subtitle Controlled substances tax imposed on fuel Ch. 82.42 Airline employees overtime pay, application 49.46.130 Airman and airwoman certificate required 47.68.230 defined 14.16.010 federal licensing required 14.16.030 license or certificate suspension for noncompliance with child support order 47.68.235 Airport district commissioners, board of 14.08.304 Airports airport district commissioners, board of 14.08.302, 14.08.304 aviation planning council 47.68.410 capacity and facilities assessment 47.68.390 capacity and facilities market analysis 47.68.400 cities and towns, See AERONAUTICS, subtitle Airports, municipal condemnation county roads and bridges 36.85.020 municipalities 14.07.020 counties, See AERONAUTICS, subtitle Airports, municipal county airport districts 14.08.290, 14.08.300 county property, lease for 36.34.140 department of transportation acquisition and disposal of airport and air navigation facilities, etc. 47.68.100 contracts or leases of facilities in airports operated by 47.68.130 eminent domain 47.68.100, 47.68.120 lease of airports 47.68.140 lien for state’s charges concerning lease to airport 47.68.150 eminent domain county roads 36.85.020 municipalities 14.07.020 encroachments, public nuisance 14.08.030 hazardous structures determination 47.68.340 marking of required 47.68.340 reporting location of by owners, etc., required 47.68.350 (2008 Ed.) structures marked according to federal regulations exempted 47.68.360 subpoena power to require reporting as to 47.68.350 Indian tribes department of transportation aid to 47.68.090 federal aid moneys, disbursement by department of transportation, authorized 47.68.090 metropolitan park districts, regulation of 35.61.130 municipal acquisition of air easements 14.08.030 property authorized 14.07.010, 14.07.020, 14.07.030 validation 14.08.070 aircraft noise abatement, authorization 53.54.010 appropriations for 14.07.030, 14.08.080, 14.08.100 assistance to other municipalities authorized 14.08.310 bonds authorized, purpose, special fund, redemption 14.08.112 authorized to issue, security 14.08.090 funding or refunding bonds 14.08.114 charges, use and rental 14.08.122 definitions 14.08.010, 14.08.015 eminent domain 14.07.020 encroachments prohibited, abatement 14.08.030 federal aid 14.08.160 funds, airport fund authorized 14.08.120 industrial and commercial development, commission for 14.08.120 joint operations, board for, creation of, organization, powers and duties 14.08.200 jurisdiction and control 14.08.330 concurrent, over adjacent territory 14.08.330 five code enforcement by agreement 14.08.330 leased premises, tenant improvements to 14.08.120 municipal airport commission 14.08.120 operation of airports and property 14.08.030 operators definitions 14.08.015 use and rental regulations 14.08.122 port districts aircraft noise abatement authorized programs 53.54.030 fund authorized, sources 53.54.040 impacted areas 53.54.020 investigation, monitoring of noise impact 53.54.020 property deemed in impacted areas 53.54.030 police officers, appointment, jurisdiction 53.08.280 power as 53.04.015 powers of municipalities operating airports 14.08.120 regulations 14.08.122 revenue, disposition of 14.08.100 sale or lease of property 14.08.120 state and municipal agencies to cooperate 47.68.300 taxation, use of taxes for 14.08.100 tenant improvements to leased premises 14.08.120 municipalities department of transportation aid to 47.68.090 federal aid moneys, disbursement by department of transportation, authorized 47.68.090 operators definitions 14.08.015 port districts, See AERONAUTICS, subtitle Airports, municipal state aeronautics commission eminent domain county roads and bridges 36.85.020 warrants, authorized 14.08.118 zoning and property acquisition Ch. 14.12 Baggage limitation upon amounts recoverable 81.29.050 Contempt, violation of court prohibition to operate aircraft 47.68.240 Contracts, secretary of transportation may enter into 14.08.160 Crimes relating to dealer’s license unlawful without 14.20.020 downed aircraft rescue transmitter, unlawful to operate aircraft without, exceptions 14.16.080 jurisdiction of state 9A.04.030 operation of aircraft under influence of alcohol or drugs 47.68.220 survival kits, unlawful to operate aircraft without, exceptions 14.16.090 unlicensed operation 47.68.230 Crop sprayers, See also PESTICIDE APPLICATION Definitions 47.68.020 Downed aircraft rescue transmitter defined 14.16.010 requirements, exceptions 14.16.080 Enforcement of aeronautic laws, police powers 47.68.310 Hazardous structures determination 47.68.340 marking of required 47.68.340 reporting location of by owners, etc., required 47.68.350 structures marked according to federal regulations exempted 47.68.360 subpoena power to require reporting as to 47.68.350 Insurance exemption from rate filing 48.19.010 surplus line 48.15.160 limitation of liability for group life 48.24.210 industrial life 48.25.230 life insurance 48.23.260 memorandum of or duplicate policy, requirement for, contents and delivery 48.18.260 Legislative statement of policy 47.68.010 Licenses aircraft, federal licensing required 14.16.020 personal possession required 14.16.040 aircraft dealers application 14.20.020, 14.20.030 branches and subagencies 14.20.080 dealer’s certificate 14.20.040, 14.20.060 fees 14.20.050 definitions 14.20.010 denial, suspension, revocation 14.20.090, 14.20.100 display of 14.20.060 fees 14.20.050, 14.20.060 surety bond required 14.20.070 unlawful without 14.20.020 airman, federal licensing required 14.16.030 personal possession required 14.16.040 penalty for noncompliance with requirements 14.16.060 Operation of aircraft reckless or under the influence of alcohol or drugs unlawful 47.68.220 Penalties for violations 47.68.240 Person, defined 14.16.010 Pesticide application act Ch. 17.21 Port districts acquisition and operation of air transfer and terminal facilities 53.08.020 [RCW Index—page 11] AFFIDAVITS aircraft noise abatement authorization 53.54.010 authorized programs 53.54.030 fund authorized, sources 53.54.040 impacted areas 53.54.020 investigation, monitoring of noise impact 53.54.020 authority to acquire and operate air transfer and terminal facilities 53.04.010 establish 53.04.015 police officers, appointment, jurisdiction 53.08.280 Search and rescue operations 47.68.380 State airways system, department of transportation to provide 47.68.170 Statewide transportation planning Ch. 47.06 Survival kits requirements, exceptions 14.16.090 Traffic rules, compliance with federal rules required 14.16.050 Transportation, department of, statutory reference changes 47.68.015 Western regional short haul air transportation compact Ch. 81.96 AFFIDAVITS Action against joint debtor after judgment, pleading component 4.68.050 Adverse claims to property levied on 6.19.030 Agreed cases, for 4.52.010 Army, navy, marine and coast guard officers authorized to take 73.20.010 Attachment amendment of 6.25.280 examination of defendant as to his property 6.25.170 grounds debt not due 6.25.040 writ, for 6.25.030 Attachment bonds, sureties, of 6.25.080 Certification and taking of court commissioners 2.24.040 inferior judicial officers, by 2.28.090 judges of supreme and superior courts, by 2.28.080 Certiorari proceedings, application for writ by 7.16.050 Change of venue 4.12.030 affidavit, application for 10.25.070 affidavit of prejudice 4.12.050 Court commissioners’ power to take 2.24.040 Eminent domain notice requirement 4.28.120 Evidence, requirements as new testimony 4.76.070 Exemptions from execution, appraisers to furnish 6.15.060 Fees collection by superior court clerk 36.18.020 Forma pauperis for habeas corpus 7.36.250 Garnishment application for writ by 6.27.060 Habeas corpus in forma pauperis proceedings 7.36.250 warrant to prevent removal or irreparable injury 7.36.190 Injunctions disobedience, contempt shown by 7.40.150 motion to reinstate injunction 7.40.210 reading of on hearing 7.40.060 vacation or modification of superior court judgment or order 4.72.070 Joint debtor, action against to bind after judgment 4.68.030 Judgment creditor, prior to issuance of writ of execution 6.17.100 Mandamus application by 7.16.170 Ne exeat commencement of action by 7.44.010 contents 7.44.010 filing 7.44.010, 7.44.040 [RCW Index—page 12] New trials newly discovered evidence ground, requirements of 4.76.070 Nuisances, trial of contempt for violation of injunction by 7.48.080 Partition proceedings judgment creditors, proof of amount due on sale of property, by 7.52.180 lien creditor absent from state or residence unknown on sale of property 7.52.200 party not known or nonresident 7.52.050 Perjury 9.81.110, 10.25.065 Prejudice of judge of superior court or court commissioner 4.12.050 Probate estates under ten thousand dollars moneys on deposit of deceased credit union member transferred by, effect 11.62.030 Prohibition, writ of, application by 7.16.300, 7.16.320 Publication of legal notices 65.16.030, 65.16.150 fee payment 65.16.110 Redemption assignment verified by 6.23.080 lien creditor to make 6.23.080 Service of process forcible entry and detainer action 59.12.040 proof of service district court proceedings 12.04.070, 12.04.090, 12.04.110 Supplemental proceedings absconding debtors 6.32.010 injunction, for 6.32.120 proof for order authorizing payment by debtor of judgment debtor, as 6.32.070 proof in third party examination, as 6.32.030 service of 6.32.140 service of copy 6.32.130 Title to real property, lost or destroyed 65.12.375 Unknown heirs, as to 4.28.140 Unsworn written statements, in place of affidavits in official proceedings 9A.72.085 Vacation or modification of superior court judgments or orders, petition for must be verified by affidavit 4.72.030 Wills, witnesses to, effect 11.20.020 AFFINITY (See CONSANGUINITY AND AFFINITY) AFFIRMATIONS (See OATHS AND AFFIRMATIONS) AFFIRMATIVE ACTION Civil service 41.06.150 Discrimination prohibited 49.60.400 Legislative findings, purpose 49.74.005 Noncompliance conciliation, order issued 49.74.030 failure to reach conciliation, procedure 49.74.040 procedure 49.74.020 superior court, remedies 49.74.050 Personnel board 41.06.150 State patrol 43.43.015, 43.43.340 AFFORDABLE HOUSING ACT Affordable housing program Ch. 43.185A AFRICAN-AMERICAN AFFAIRS, COMMISSION ON Creation 43.113.010 Members appointment, terms, vacancies, quorum, and reimbursement of expenses 43.113.020 Powers and duties 43.113.030 AGATE PASS BRIDGE Bond issues for construction reimbursement Ch. 47.10 Transfer of to highway department as toll free bridge, when 47.10.130 AGE Apprenticeship program, generally 49.04.910 Children crime, age of legal responsibility 9A.04.050 employment 26.28.060 school attendance mandatory, exceptions 28A.225.010 Contract, disaffirmance 26.28.040 Crimes, age of responsibility of children 9A.04.050 Discrimination, employment 49.44.090 Discrimination, unfair practices 49.60.205 Insurance annuities, misstatement of, effect 48.23.180 disability policies limit 48.20.312 group life, misrepresentation, effect 48.24.150 industrial life, misrepresentation, effect 48.25.080 life, misstatement, effect 48.23.060 Life insurance, misstatement of, effect 48.23.060 Liquor identification cards, evidence of age 66.20.170 Majority Ch. 26.28 Marriage minimum age 26.04.010 person deemed of majority age 26.28.020 Motor vehicles drivers’ licenses minimum age 46.20.031 instruction permit 46.20.055 intermediate driver’s license 46.20.075, 46.20.267 juvenile agricultural operators 46.20.070 Process server, district court proceedings 12.04.050 Public assistance recipients, See PUBLIC ASSISTANCE, subtitle Age School bus and for hire vehicle drivers 46.20.045 Voters Const. Art. 6 § 1 AGED PERSONS (See DEPENDENT ADULTS; SENIOR CITIZENS) AGENCIES (See STATE DEPARTMENTS AND AGENCIES) AGENTS Commission merchant, license required 20.01.040 Corporation nonprofit miscellaneous and mutual corporations agents consent 24.06.380 registered agent nonprofit corporations consent of 24.03.050 necessity for 24.03.050 County legislative authority as state agents 36.75.020 Health care providers malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Insurance, See INSURANCE, subtitle Agents, brokers, and solicitors Landlord, designated, when 59.18.060 Livestock dealer bond 20.01.210 Nonprofit miscellaneous and mutual corporations consent required 24.06.050 Registration of land titles, appointment by nonresident 65.12.070 Sales representatives and principals contractual relationship between contracts and agreements, required provisions 49.48.160 definitions 49.48.150 payment of wages and commissions 49.48.170 personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 rights and remedies supplemental to other rights and remedies of sales representatives 49.48.190 waiver of provision prohibited 49.48.190 (2008 Ed.) AGRICULTURAL MARKETING Service of process district court proceedings 12.04.120 secretary of state, See SERVICE OF PROCESS AND PAPERS, subtitle Secretary of state Unclaimed property 63.29.120 Usury, violations by agent, effect 19.52.030 Vessels, liens created by agent 60.36.010 AGING, COUNCIL ON Aged, Federal Older Americans Act, participation 74.36.100 Bylaws 43.20A.695 Established 43.20A.680 Meetings 43.20A.690 Membership and terms 43.20A.685 Powers and duties 43.20A.695 Travel expenses 43.20A.690 AGISTERS (See LIENS, subtitle Agister liens) AGREED CASES Appeals of 4.52.030 Controversies may be submitted as, when 4.52.010 Hearing of 4.52.010 Judgments appeal of 4.52.030 courts power to render 4.52.010 enforcement 4.52.030 entering in judgment book 4.52.020 AGREEMENTS (See also ARBITRATION AND AWARD; CONTRACTS) Conveyances of real property earnest money deposit forfeiture 64.04.005 Credit agreements, enforceability Ch. 19.36 Hydroelectric reservoir extending into British Columbia, watershed agreement 35.21.417 To indemnify for negligence in construction, alteration of improvements to real property, against public interest 4.24.115 Reciprocal or proportional registration of motor vehicles 46.85.040 Rental or lease of personal property conversion, destruction, sale, removal, etc. of property, penalty 9.45.060 failure to return property, penalty 9.45.060 Statute of frauds Ch. 19.36 Written agreements, when required Ch. 19.36 AGRICULTURAL FAIRS Authorization for 36.37.010 Capital improvements and maintenance assistance 15.76.165 Classification of fairs 15.76.120 County agricultural fairs and poultry shows Ch. 36.37 Definitions 15.76.110 Fair fund license fees and parimutuel betting, fees to go into, disposition 67.16.100 Fair fund, use of moneys 15.76.115 Fair land annexation to cities 35.13.010 Fairs commission, membership and duties 15.76.170 Funding allocations application 15.76.130 authorization 15.76.100 eligibility 15.76.140 formula for allocations, considerations 15.76.150 payment, purposes and method 15.76.160 Funds for 36.37.040 Intercounty participation 36.37.050 Lease of county property to nonprofit corporations for 36.34.145 state-owned lands for county fairgrounds 36.37.150 Northern State Hospital, lands adjacent to 36.37.160 Management 36.37.040 (2008 Ed.) Multiple counties 36.37.050 Property acquisition 36.37.020 Seasonal employees overtime compensation 49.46.130 Southwest Washington fair Ch. 36.90 State fair fund license fees and parimutuel betting fees to go into, disposition 67.16.100 AGRICULTURAL LABOR Agricultural safety standards establishment and adoption, limitation and requirements 49.17.041 Agriculture, department of director’s powers and duties 43.23.030 Children berry harvesting by workers under twelve years of age 15.04.150, 15.04.160 Definitions 49.30.010 Farm labor contractors, licensing and duties Ch. 19.30 Farmworker housing advisory group 43.330.165 construction manuals and plans, to develop and make available 43.63A.500 one-stop clearinghouse 43.63A.505 proposal review and funding recommendations 43.330.165 Hours and pay, recordkeeping 49.30.020 Liens, See LIENS, subtitle Crop liens Minimum wages 49.46.010 Pesticides recordkeeping requirements 49.70.119 Temporary worker housing building permit 43.70.337 definition 43.70.334 electricity requirements 49.17.300 food storage, handling, and preparation 49.17.300 health and safety regulation Ch. 70.114A inspection fund, deposit of inspection fees 43.70.340 licensing, operation, and inspection 49.17.310 operating license 43.70.335 operation standards 49.17.320 Unemployment compensation 50.04.150, 50.04.155 Unemployment insurance legislative intent 49.30.005 Violations of chapter civil infraction, issuance and enforcement 49.30.040 AGRICULTURAL LANDS Agricultural conservation easement program 89.08.530, 89.08.540 Columbia basin project, irrigation and reclamation districts within Ch. 89.12 Demonstration farms, property tax exemption 84.36.570 Executions, rents and profits 6.23.090 Family farm water act water withdrawal permits Ch. 90.66 Federal reclamation areas, state lands within Ch. 89.12 Forcible entry and detainer, holding over, effect 59.12.035 Growth management zoning techniques, innovative 36.70A.177 Lease of state lands to nonprofit organizations deposit of rental funds into fair fund 15.04.090 Liability for damages caused by removal, waste, or injury 4.24.630 Reclamation federal reclamation areas, state lands within Ch. 89.12 Reclamation by state Ch. 89.16 Reclamation districts of one million acres or more Ch. 89.30 Soil and water conservation districts, See CONSERVATION DISTRICTS Soil conservation conservation commission, powers and duties Ch. 89.08 conservation districts, organization and operation Ch. 89.08 Water pollution control enforcement 90.48.450 Weed control, See WEEDS AGRICULTURAL LIENS (See LIENS, subtitle Crop liens) AGRICULTURAL MARKETING Agricultural fairs, youth shows, and exhibitions, See AGRICULTURAL FAIRS Agricultural lenders farmers home administration loan guaranty program Ch. 31.35 Agricultural produce exempt from county peddlers’ licensing 36.71.010 Agricultural products, commission merchants, dealers, brokers, buyers and agents, See COMMISSION MERCHANTS Agriculture, department of director’s powers and duties 43.23.030 powers and duties 43.23.035 Animal health, See ANIMAL HEALTH Animals importation, certificates required 16.36.050 Animals, See ANIMALS Apiaries, See BEES AND BEEKEEPING Aquaculture department of agriculture powers and duties 43.23.035 director of agriculture department’s powers and duties 43.23.030 Aquaculture disease inspection and control program Ch. 77.115 Bakeries and bakery products, See BAKERIES AND BAKERY PRODUCTS Beef commission Ch. 16.67 Bees and beekeeping, See BEES AND BEEKEEPING Brands and marks livestock Ch. 16.57 Brands and marks, See BRANDS AND MARKS Butter, See DAIRIES AND DAIRY PRODUCTS Cheese, See DAIRIES AND DAIRY PRODUCTS Commission merchants, See COMMISSION MERCHANTS Commodities export market development projects, confidentiality of records 43.23.270 fair practices Ch. 15.83 international trade center, IMPACT contributions and support 28B.30.543 director 28B.30.539 duties 28B.30.537 primary functions 28B.30.535 research and services, fees 28B.30.541 producers, producer associations, and handlers, fair practices Ch. 15.83 storage of agricultural commodities, licensing and regulation Ch. 22.09 warehouses, licensing and regulation Ch. 22.09 weighing and weight certification for highway transport Ch. 15.80 weights and measures 19.94.340, 19.94.350, 19.94.360 Commodity boards Ch. 15.65 Commodity commissions Ch. 15.66 Controlled atmosphere storage of fruits and vegetables, See FRUITS; VEGETABLES Cooperative associations Ch. 23.86 Dairies and dairy products, See DAIRIES AND DAIRY PRODUCTS Eggs and egg products, See EGGS AND EGG PRODUCTS Export market development projects confidentiality of records 43.23.270 Fair practices producers, producer associations, and handlers Ch. 15.83 Fairs, See AGRICULTURAL FAIRS [RCW Index—page 13] AGRICULTURAL TAXATION Farm marketing research Ch. 15.64 Farmers home administration loan guaranty program Ch. 31.35 Feed lots, licensing and fees Ch. 16.58 Flour, See FLOUR Food, drug, and cosmetic act Ch. 69.04 Food and food products, See FOOD AND FOOD PRODUCTS Food processing, See FOOD PROCESSING Fruit grades and packs, See FRUITS Fruits, See FRUITS Fur farming Ch. 16.72 Ginseng certification and grower registration Ch. 15.19 Grain dealer license 22.09.035, 22.09.045, 22.09.055, 22.09.060 bond or security 22.09.090 deferred price contract 22.09.175 issuance, duration 22.09.075 multiple applicants, single bond 22.09.095 Grain indemnity fund program 22.09.405, 22.09.411, 22.09.416, 22.09.421, 22.09.426, 22.09.431, 22.09.436, 22.09.441, 22.09.446, 22.09.451, 22.09.456, 22.09.461, 22.09.466, 22.09.471 Hardwoods commission Ch. 15.74 Honey, See HONEY Horse sales, special open consignment Ch. 16.65 Horses, See HORSES Horticulture, See HORTICULTURE Inspection custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Inspectors, See AGRICULTURE, DEPARTMENT OF International marketing program for agricultural commodities and trade (IMPACT) center contributions and support 28B.30.543 director 28B.30.539 duties 28B.30.537 primary functions 28B.30.535 research and services, fees 28B.30.541 Interstate commerce, provisions affecting, See INTERSTATE COMMERCE Intrastate commerce in food, drugs, and cosmetics Ch. 69.04 Labels and labeling, See LABELS Liens, See LIENS Livestock, See LIVESTOCK Livestock markets Ch. 16.65 Market development department of agriculture powers and duties 43.23.035 development and promotion matching fund program 43.23.275 director of agriculture department’s powers and duties 43.23.030 Marketing agreements, orders, or amendments Ch. 15.65 Milk products, See DAIRIES AND DAIRY PRODUCTS Notices, See NOTICES Nurseries and nursery stock, See HORTICULTURE Orchards, See FRUITS Organic food products, See ORGANIC FOOD Pest control compact Ch. 17.34 Pests, See INSECTS Plants, See HORTICULTURE Poultry, See POULTRY Producers, producer associations, and handlers fair practices advisory committee 15.83.110 agriculture director’s authority and duties 15.83.060 definitions 15.83.010 handlers, unlawful practices 15.83.030 negotiating agents, accreditation 15.83.020 producer associations and members, unlawful practices 15.83.040 rule-making authority 15.83.100 [RCW Index—page 14] violations, procedures 15.83.050, 15.83.070, 15.83.080, 15.83.090 Soft tree fruits, See FRUITS Storage of agricultural commodities Ch. 22.09 Tax imposed on manufacturing and processing businesses 82.04.260, 82.04.440 Trade promotion department of agriculture powers and duties 43.23.035 director of agriculture department’s powers and duties 43.23.030 trade barrier matching fund program 43.23.280 Trade promotion and development expenditures 15.04.200 Trees and shrubs, See HORTICULTURE Uniform commercial code, applicability Title 62A Vegetable grades and packs, See VEGETABLES Vegetables sale of as exempt from county peddlers’ licensing 36.71.010 Warehouses, See WAREHOUSES Warehouses storing agricultural commodities, licensing and regulation Ch. 22.09 Washington state grown, restrictions on use for labeling or advertising 15.04.410 Weeds, See WEEDS Weighmasters and commodity weighing agriculture director’s duties 15.80.410 certificates of weight requirements 15.80.430 certification of weights 15.80.520 certified weight tickets 15.80.530, 15.80.540, 15.80.550 definitions 15.80.300, 15.80.310, 15.80.320, 15.80.330, 15.80.340, 15.80.350, 15.80.360, 15.80.370, 15.80.380, 15.80.390, 15.80.400 fees and moneys, disposition 15.80.660 invoices for sales requirements 15.80.430 variances, reweighing 15.80.440 penalties for violations 15.80.650 prohibited acts 15.80.560, 15.80.570, 15.80.580 requirements and exceptions 15.80.420 reweighing 15.80.440 unlawful acts 15.80.620, 15.80.630, 15.80.640 weigher’s license 15.80.490, 15.80.500 weighing devices 15.80.550, 15.80.560, 15.80.570, 15.80.580 weighmaster’s duties 15.80.510 weighmaster’s license 15.80.450, 15.80.460, 15.80.470, 15.80.480, 15.80.520, 15.80.590, 15.80.600, 15.80.610 Wine commission Ch. 15.88 AGRICULTURAL TAXATION (See TAXES - PROPERTY) AGRICULTURE (See also FARMS AND FARMING) Agricultural conservation easement program 89.08.530, 89.08.540 Agricultural cooperatives Ch. 23.86 Agricultural extension work, county programs 36.50.010 Agricultural fairs, youth shows, and exhibitions, See AGRICULTURAL FAIRS Agricultural labor, See AGRICULTURAL LABOR Agricultural lenders farmers home administration loan guaranty program Ch. 31.35 Agricultural marketing and fair practices Ch. 15.83 Agricultural processing and marketing associations appeal from decisions of attorney general on monopolistic practices 24.34.020 attorney general appeal from 24.34.020 complaint of 24.34.020 enforcement against monopolistic practices 24.34.020 hearing on complaint 24.34.020 complaint of attorney general on monopolistic practices 24.34.020 hearing on monopolistic practices complaint 24.34.020 monopolistic practices, prohibited 24.34.020 organization of 24.34.010 requirements for organization 24.34.010 who may organize 24.34.010 Agricultural produce as exempt from county peddlers’ licensing 36.71.090 Agricultural safety standards, See INDUSTRIAL SAFETY AND HEALTH, subtitle Agricultural safety standards Agriculture, department of, See AGRICULTURE, DEPARTMENT OF Ammonia emissions from agricultural or silvacultural fertilizer use, regulation prohibited 70.94.645 Animal facilities criminal acts against definition 9.08.090 legislative intent 9.08.080 Animal health, See ANIMAL HEALTH Animals quarantine Ch. 16.36 Apiaries, See BEES AND BEEKEEPING Apple commission Ch. 15.24 Aquaculture marketing Ch. 15.85 Beef commission Ch. 16.67 Beekeeping, See BEES AND BEEKEEPING Berries, See BERRIES Brands and marks livestock Ch. 16.57 Brassica seed production Ch. 15.51 Carcasses, disposal Ch. 16.68 Cholinesterase monitoring 49.17.285, 49.17.288 Commercial feed, See FEED Commercial fertilizer act Ch. 15.54 Commission merchants presumptive licensee is acting as commission merchant 20.01.475 Commodities boards Ch. 15.65 commissions Ch. 15.66 weighing and weight certification for highway transport Ch. 15.80 Commodities, See also AGRICULTURAL MARKETING Common carriers, See COMMON CARRIERS Controlled atmosphere storage of fruits and vegetables Ch. 15.30 Cooperative associations Ch. 23.86 Counties, extension work 36.50.010 Dairies and dairy products, See DAIRIES AND DAIRY PRODUCTS Dairy products commission, See DAIRY PRODUCTS COMMISSION Definitions 15.04.010 Department of agriculture, See AGRICULTURE, DEPARTMENT OF Driving permits, agricultural juvenile 46.20.070 Dust, clean air act exemption 70.94.060 Dusting and spraying, See LIENS, subtitle Agricultural dusting and spraying Economic development finance authority loan pooling, authority 43.163.050 Eggs and egg products, See EGGS AND EGG PRODUCTS Energy freedom program generally Ch. 43.325 Erosion control, See CONSERVATION DISTRICTS Extension work 36.50.010 Farm employees overtime compensation 49.46.130 Farm equipment emblem, slow moving vehicle emblem required 46.37.160 hazard warning lights, required 46.37.160 lamps on 46.37.160 (2008 Ed.) AGRICULTURE motor vehicle overall width limit not to apply to, when 46.44.092 reflectors on 46.37.160 slow moving vehicle emblem, required 46.37.160 tire restrictions 46.37.420 Farm implements, machinery, parts business relations between independent retail business and manufacturers and distributors, regulation Ch. 19.98 repurchase requirements Ch. 19.98 Farm marketing research Ch. 15.64 Farm tractors or implements, vehicle operator’s license unnecessary for operation of 46.20.025 Farm vehicles, trailers, gross weight fees on 46.16.090 Farmers beginning farmer financing program 43.180.290 judgments, execution of exempt property 6.15.010 license requirements for peddling, exemption from, exceptions 36.71.090 low income definitions 35.82.260 housing application 35.82.250 housing projects 35.82.240 Farmers home administration loan guaranty program Ch. 31.35 Farmland preservation Ch. 89.10 Farms and farming, See also FARMS AND FARMING Farmworker housing advisory group 43.330.165 construction manuals and plans, to develop and make available 43.63A.500 proposal review and funding recommendations 43.330.165 Federal conservation reserve program, economic development finance authority advance financing program for farmers eligible for contract payments under 43.163.040 Feed lots, licensing Ch. 16.58 Fences Ch. 16.60 Fertilizers, See FERTILIZERS Fireworks 70.77.141 license 70.77.311 Food and environmental quality laboratory, purpose and activities Ch. 15.92 Foreclosure of real property, loss of redemption rights proceedings, agricultural property excepted 61.12.095 Fruit berries, generally, sale of exempted from county peddlers’ licensing 36.71.090 controlled atmosphere storage Ch. 15.30 fresh fruit sales limitation act Ch. 15.21 sale of as exempt from county peddlers’ licensing 36.71.090 Fruit commission, See FRUIT COMMISSION Fruit commodity committees 15.28.140, 15.28.150 Fruits and vegetables country of origin information 15.04.415 Fur farming Ch. 16.72 Gardeners, license requirements for peddling, exemption from 36.71.090 General provisions Ch. 15.04 Grades and packs Ch. 15.17 containers 15.17.050 inspection and certification 15.17.050 standards 15.17.050 Grain, See GRAIN Grain preparer lien 60.13.030, 60.13.040, 60.13.050, 60.13.060, 60.13.070 Granges, incorporation Ch. 24.28 Grass burning research advisory committee, duties Ch. 43.21E Hardwoods commission Ch. 15.74 Hay or straw preparer (2008 Ed.) lien 60.13.030, 60.13.040, 60.13.050, 60.13.060, 60.13.070 Hay or straw transporting vehicles may be stopped 20.01.610 From the heart of Washington program definitions 15.105.010 findings 15.105.005 gifts, grants, or endorsements 15.105.060 logo 15.105.050 successor organization 15.105.020, 15.105.030, 15.105.040 Home economics extension work, county programs 36.50.010 Honey, See HONEY Honey bee commission Ch. 15.62 Horse sales, special open consignment Ch. 16.65 Horticultural pests and diseases, See HORTICULTURE Horticulture, See HORTICULTURE Industrial safety and health agriculture, definition 49.17.022 Injunctions, See INJUNCTIONS Insect pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Integrated pest management Ch. 17.15 Irrigation, See IRRIGATION DISTRICTS Ladybugs and other beneficial insects Ch. 15.61 Land, limitation on liability of owners when used by public for recreational purposes without charge 4.24.200, 4.24.210 Land—Current use, See OPEN SPACE LAND, subtitle Open space, farm, agricultural, and timber land, current use assessment Liens agricultural products definitions 60.13.010 crop liens attachment to crops and proceeds 60.11.030 claim of lien, filing, contents, duration 60.11.040 commercially reasonable, definition 60.11.120 definitions 60.11.010 foreclosure time limitations 60.11.130 foreclosure, judicial 60.11.070 foreclosure, summary 60.11.080 foreclosure and enforcement 60.11.060 noncompliance, rights of lien debtor 60.11.110 persons entitled to crop liens 60.11.020 priorities of liens and security interests 60.11.050 property subject to liens 60.11.020 redemption 60.11.100 rights and interests of purchaser for value 60.11.090 termination statement 60.11.140 preparer lien duration, discharge 60.13.060 filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.030 priority 60.13.050 processor lien duration, discharge 60.13.060 filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.020 priority 60.13.050 Livestock markets Ch. 16.65 Marketing, See AGRICULTURAL MARKETING Measurement false measurement, crime 9.45.124 inaccurate measure, crime 9.45.124 inducing inaccurate measurement, crime 9.45.126 public policy against certain conduct 9.45.122 Meat custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Milk and milk products Ch. 15.36 Milk and milk products, See also DAIRIES AND DAIRY PRODUCTS Milk and milk products for animal food Ch. 15.37 Milk pooling act Ch. 15.35 Minimum wage law, exclusions for 49.46.010 Motor vehicles farmer, defined 46.04.182, 46.04.183 Nonprofit corporations, authorized 24.03.015 Noxious weeds, See WEEDS Nuisance lawsuits protection agricultural activity, defined 7.48.310 farmland, defined 7.48.310 legislative finding and purpose 7.48.300 presumption of reasonableness 7.48.305 recovering costs to investigate, agencies 7.48.320 recovering lawsuit costs, farmers 7.48.315 Odors, clean air act exemption 70.94.640 Orchards liens, See LIENS, subtitle Orchards and orchard lands Organic food products marketing Ch. 15.86 unfair business practices act, applicability 19.86.023 Outdoor recreation use, limitation on liability of owners of agricultural land when open to public without fee 4.24.200, 4.24.210 Pest control integrated pest management Ch. 17.15 Pest control compact Ch. 17.34 Pest districts Ch. 17.12 Pesticide application act Ch. 17.21 Pesticide control act Ch. 15.58 Pesticide registration, commission on, membership and duties 15.92.090, 15.92.095, 15.92.100, 15.92.105, 15.92.110 Pesticides, See also PESTICIDES Pests, See INSECTS Pests and diseases, horticultural, See HORTICULTURE Pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Plant pests governor emergency action 43.06.010 Planting stock, See HORTICULTURE Port districts revenue bonds 53.40.020 Port districts, agricultural development, studies, investigations, surveys for 53.08.160 Potatoes certified seed potatoes restricted production areas, establishment Ch. 15.15 Preparer lien dairy products 60.13.035 duration, discharge 60.13.060 filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.030 priority 60.13.050 Private sector, department of agriculture duty to advance capability to produce food and fiber 15.04.402 Processor lien duration, discharge 60.13.060 filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 priority 60.13.050 Produce railcar pool, See RAILROADS, subtitle Rail freight service Produce stands, license requirement for peddling, exemption from 36.71.090 Promotion and protection of agriculture department of agriculture duties 15.04.400 from the heart of Washington program Ch. 15.105 Recreational use of land, limitation on liability of landowner when land used without fee 4.24.200, 4.24.210 [RCW Index—page 15] AGRICULTURE, DEPARTMENT OF Redemption of agricultural land, rents, profits and expenses during redemption period 6.23.090 Rendering plants Ch. 16.68 Rural housing projects, authorization for 35.82.240 Rural rehabilitation program, agreements with and funds from federal government Ch. 15.70 Sabotage, interference or injury to agriculture constitutes 9.05.060 Seed bailment contracts Ch. 15.48 Seed potatoes restricted production areas, establishment Ch. 15.15 Seeds, See SEEDS Shoreline management guidelines, application 90.58.065 Soft tree fruits Ch. 15.28 Soil and water conservation districts, See CONSERVATION DISTRICTS Soil conservation conservation commission, powers and duties Ch. 89.08 conservation districts, organization and operation Ch. 89.08 State institutions farm and food activities allowed 72.01.140 Sustaining agriculture and natural resources, purpose and activities Ch. 15.92 Temporary worker housing building permit 43.70.337 definition 43.70.334 inspection fund, deposit of inspection fees 43.70.340 operating license 43.70.335 Tenant holding land after expiration of term, effect of 59.12.035 Tractors lamps on 46.37.160 tire restrictions 46.37.420 Trade promotion and promotional hosting commodity commission expenditures 15.04.200 Tree fruit research act and commission, See FRUITS Truck farmers, license requirements for peddling, exemption from 36.71.090 Unemployment compensation, agricultural labor 50.04.155 Vegetables controlled atmosphere storage Ch. 15.30 sale of as exempt from county peddlers’ licensing 36.71.090 Vehicles exempted from motor freight carrier laws 81.80.040 Vocational agriculture education in secondary schools, See SUPERINTENDENT OF PUBLIC INSTRUCTION, subtitle Vocational agricultural education Warehouses, See WAREHOUSES Washington state grown, restrictions on use for labeling or advertising 15.04.410 Wastewater reclaimed water use Ch. 90.46 Water flows or levels, establishment of minimum for stockwatering requirements Ch. 90.22 Water pollution control enforcement 90.48.450 Water resources director of agriculture department’s powers and duties 43.23.030 Water resources act Ch. 90.54 Water rights ground waters determination and appropriation Ch. 90.44 registration, waiver, and relinquishment Ch. 90.14 surface waters, determination and appropriation Ch. 90.03 Yakima river basin water rights Ch. 90.38 Water use, See WATER AND WATER RIGHTS [RCW Index—page 16] Weather modification, See WEATHER MODIFICATION AND CONTROL Weeds, See WEEDS Weights and measures Ch. 19.94 Weights and measures, See also WEIGHTS AND MEASURES Wildlife damage control Ch. 77.36 Wine commission Ch. 15.88 Woodcutters’ use of land, owners’ liability, limitation 4.24.210 AGRICULTURE, DEPARTMENT OF Acquisition of property 15.14.085 Agricultural fairs, youth shows, and exhibitions Ch. 15.76 Agricultural local fund establishment 43.23.230 Agricultural marketing, See AGRICULTURAL MARKETING Agricultural marketing and fair practices Ch. 15.83 Animal health, See ANIMAL HEALTH Apiaries, See BEES AND BEEKEEPING Apple advertising commission, See APPLE ADVERTISING COMMISSION Aquaculture marketing Ch. 15.85 Assistant directors 43.23.010 Beef commission Ch. 16.67 Beekeeping, See BEES AND BEEKEEPING Brands and marks livestock Ch. 16.57 Bulletins and reports, publication and distribution 43.23.110 Chemists duties of official chemists 43.23.200, 43.23.205 Civil service exemptions enumeration 41.06.084 Commercial feed, See FEED Commercial fertilizer act Ch. 15.54 Commodity boards Ch. 15.65 Commodity commissions Ch. 15.66 Conservation commission and conservation districts Ch. 89.08 Controlled atmosphere storage of fruits and vegetables Ch. 15.30 Dairies and dairy products, See DAIRIES AND DAIRY PRODUCTS Dairy nutrient management, powers and duties 90.64.901 Dairy products commission, See DAIRY PRODUCTS COMMISSION Definitions 43.23.001 Deputy director powers and duties 43.23.005 Diagnostic service program, livestock diseases prevention and control Ch. 16.38 Director agricultural marketing fair practices, authority and duties 15.83.060, 15.83.100 animal diseases and quarantine, powers and duties Ch. 16.36 annual report to governor 43.23.130 appointment by governor 43.23.002 bulletins and reports, publication and distribution 43.23.110 enforcement authority 43.23.170 general powers and duties Ch. 43.23 horse sales, special open consignment Ch. 16.65 insect pests and plant diseases, powers and duties Ch. 17.24 lease of state lands to nonprofit organizations 15.04.090 livestock, humane slaughter Ch. 16.50 livestock diseases, diagnostic service program Ch. 16.38 livestock identification, powers and duties Ch. 16.57 livestock markets, powers and duties Ch. 16.65 milk and milk products, director’s authority Ch. 15.36 milk and milk products for animal food, director’s authority Ch. 15.37 milk pooling act, director’s authority Ch. 15.35 noxious weed control, powers 17.10.074 pesticide application, powers and duties 17.21.030, 17.21.320 pesticide control act disposal of unusable pesticides, rules 15.58.045 rule-making authority 15.58.040 powers and duties 15.13.260, 15.13.480, 15.14.035, 15.14.075, Ch. 43.23, 43.23.050 rulemaking authority, pesticide application 17.21.030 weighmasters and commodity weighing, duties 15.80.410 weights and measures, duties Ch. 19.94 Divisions of department 43.23.010, 43.23.015 Eggs and egg products, department powers and duties Ch. 69.25 Energy freedom program generally Ch. 43.325 Farm families guide to state and federal assistance programs 15.04.300 Farm marketing research Ch. 15.64 Feed lots, licensing and fees Ch. 16.58 Fertilizers, See FERTILIZERS Food, drug, and cosmetic act, department powers and duties Ch. 69.04 Food and environmental quality laboratory, purpose and activities Ch. 15.92 Food donation and distribution, information and referral 69.80.040 Food processing, powers and duties of department Ch. 69.07 Food storage warehouses, licensing requirements Ch. 69.10 Fruit commission, See FRUIT COMMISSION Fruits and vegetables, controlled atmosphere storage Ch. 15.30 Fur farming Ch. 16.72 Grades and packs Ch. 15.17 Grain, See GRAIN Honey, department powers and duties Ch. 69.28 Honey bee commission Ch. 15.62 Horse sales, special open consignment Ch. 16.65 Horticulture, See HORTICULTURE Informational materials, recovery of publishing and dissemination costs 43.23.037 Insect pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Inspectors condemnation of infected horticultural property 15.08.050, 15.08.060, 15.08.070, 15.08.080, 15.08.090, 15.08.100, 15.08.110, 15.08.120 disinfection of horticultural property 15.08.130, 15.08.140, 15.08.150, 15.08.160, 15.08.170 fee for inspection and certification 15.13.380 horticultural pests and diseases inspection board 15.08.180, 15.08.190 horticultural premises, right to enter for inspection 15.08.040 request for services 15.13.370 Integrated pest management Ch. 17.15 Ladybugs and other beneficial insects Ch. 15.61 Lease of state lands to nonprofit organizations 15.04.090 Lien for disinfection of infected horticultural property costs, See HORTICULTURE Limited outdoor burning permit program, establishment and exceptions 70.94.745 Livestock diseases, diagnostic service program Ch. 16.38 Livestock markets Ch. 16.65 Market development and promotion matching fund program 43.23.275 Meat (2008 Ed.) AIR POLLUTION CONTROL custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Milk and milk products Ch. 15.36 Milk and milk products for animal food Ch. 15.37 Milk pooling act Ch. 15.35 Moneys owed to department assessments are personal debt 43.23.255 dishonored check or negotiable instrument 43.23.265 interest on unpaid balances 43.23.260 use of collection agencies 43.23.250 Motor vehicle fuel quality, department director’s powers and duties Ch. 19.112 Noxious weeds, See WEEDS Organic food products marketing Ch. 15.86 powers and duties 15.86.060, 15.86.070 Organization and operation Ch. 43.23 Pest control integrated pest management Ch. 17.15 Pest control compact Ch. 17.34 Pest districts Ch. 17.12 Pesticide application act Ch. 17.21 Pesticide control act Ch. 15.58 Pesticide registration, commission on, membership and duties 15.92.090, 15.92.095, 15.92.100, 15.92.105, 15.92.110 Pesticides, See PESTICIDES Pests and diseases, horticultural, See HORTICULTURE Pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Planting stock, See HORTICULTURE Plants and facilities, horticultural, See HORTICULTURE Poison prevention packaging, department duties Ch. 70.106 Poisons caustic or corrosive poisons, department duties Ch. 69.36 Predatory birds, control of 15.04.110, 15.04.120 Private sector, departmental duty to advance capability to produce food and fiber 15.04.402 Promotion and protection of agriculture, duties 15.04.400 Publication of bulletins and reports 43.23.110 Purple loosestrife control program Ch. 17.26 Rendering plants, licensing and regulation Ch. 16.68 Rule-making authority 43.23.025 Rules compliance technical assistance program Ch. 43.05 Rural rehabilitation program, agreements with and funds from federal government Ch. 15.70 Seed bailment contracts Ch. 15.48 Seeds, See SEEDS Soft tree fruits, See FRUIT COMMISSION Spartina control program Ch. 17.26 State veterinarian appointment and qualifications 43.23.010 powers and duties 43.23.070 Sustaining agriculture and natural resources, center for, purpose and activities Ch. 15.92 Trade barrier matching fund program 43.23.280 Tree fruit research act and commission, See FRUITS Vegetables and fruits, controlled atmosphere storage Ch. 15.30 Weeds, See WEEDS Weights and measures, duties of director and department Ch. 19.94 Wine commission Ch. 15.88 AID TO DEPENDENT CHILDREN (See PUBLIC ASSISTANCE, subtitle Temporary assistance for needy families) AIDING AND ABETTING Persons punishable 9A.04.030 Treason 9.82.010 (2008 Ed.) AIDS Advisory committee 70.24.410 Assault in the first degree 9A.36.011 Clearinghouse for AIDS educational materials 70.24.240 Colleges and universities curriculum and materials 28B.10.730 Community and technical colleges curriculum and materials 28B.50.205 Community-based care waiver of federal social security act, department to request 74.09.755 Correctional facility inmates liberty interest not created 70.24.430 testing and counseling 70.24.370 Counseling definitions 70.24.320 mandatory for certain persons 70.24.340 rules 70.24.380 Definitions 70.24.017 Detention 70.24.034 Detention and treatment facilities, designation 70.24.070 Diagnosis requires confirmation by laboratory 70.24.050 Disclosure of testing or treatment 70.24.105, 70.24.107, 70.24.450 Discrimination protections 49.60.172, 49.60.174 Drug offenses testing and counseling 70.24.350 Drug treatment participants, AIDS counseling 70.24.095 Education and training material repository and clearinghouse 70.24.250 Emergency medical personnel, education and training 70.24.260 Funding 70.24.420 Health, department of assumption of powers and duties of department and secretary of social and health services and of department of licensing under chapter 70.24.005 Health care facilities employees, education and training 70.24.310 Health professionals, education and training 70.24.270 HIV antibody testing disclosure, when permitted 70.24.105 insurance eligibility requirement consent and counseling requirements 70.24.325 Information, emphasis on abstinence 70.24.200 Insurance programs health, department of 43.70.670 Interviews, exams, counseling 70.24.022, 70.24.024 Investigation of infected persons 70.24.022, 70.24.024 Jail detainees testing and counseling 70.24.360 Legislative finding 70.24.015 Marijuana medical use Ch. 69.51A Office on AIDS 70.24.250 Pharmacy, board of, education and training 70.24.280 Pregnant women, AIDS counseling 70.24.095 Prostitution testing and counseling 70.24.350 Public employees exposure hazard, education and training 70.24.300 immunity, good faith performance 70.24.150 Regional service networks 70.24.400 Reporting requirements, rules 70.24.125 Rules to implement and enforce chapter 70.24.130 School curriculum 28A.230.070 School employees, education and training 70.24.290 School information, emphasis 70.24.210, 70.24.220 Sexual intercourse, when unlawful 70.24.140 Test reporting to department 70.24.050 Testing definitions 70.24.320 HIV, consent, exceptions 70.24.330 mandatory for certain persons 70.24.340 rules 70.24.380 Unfair practices 49.60.172, 49.60.174 University of Washington center for AIDS education 70.24.400 training and educational materials 70.24.250 Victims of sexual offenses disclosure of HIV test results to 70.24.105 Vocational education curriculum and materials 28C.04.600 AIR GUNS Aiming or discharging at person or in public place, penalty 9.41.230 School premises or facilities prohibited, penalties, exceptions 9.41.280 AIR POLLUTION CONTROL Acid rain alpine lake monitoring 70.94.820 critical levels considerations 70.94.880 establish 70.94.875 notify legislature if reached 70.94.875 definitions 70.94.805 evaluation of information and research 70.94.875 intent 70.94.800 monitoring alpine lakes by department of ecology 70.94.820 Advisory council, generally 70.94.240 Air operating permits environmental impact statements, exemptions 43.21C.0381 Air pollution episodes declaration of air pollution emergency by governor 70.94.720 episode avoidance plan, contents, source emission reduction plans, authority, considered orders 70.94.715 orders to be effective immediately 70.94.730 procedure for calling 70.94.715 restraining orders, temporary injunctions to enforce orders, procedure 70.94.725 Ammonia emissions from agricultural or silvacultural fertilizer use, regulation prohibited 70.94.645 Authorities claims against Ch. 53.48 disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 dissolution, when Ch. 53.48 Burning permits abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations, issuance and fees 70.94.660 air pollution episodes, legislative finding, declaration of policy 70.94.710 conditions for issuance and use of permits, air quality standards to be met, alternate methods to lessen forest debris 70.94.670 cooperation between department of natural resources and state, local, or regional air pollution authorities, withholding of permits 70.94.690 declaration of air pollution emergency by governor 70.94.720 episode avoidance plan, contents, source emission reduction plans, authority, considered orders 70.94.720 field and turf grasses grown for seed 70.94.656 Indian ceremonies 70.94.651 issuing authority, nuisances, control of 70.94.780 orders to be effective immediately 70.94.730 outdoor burning, prohibited acts 70.94.775 political subdivisions, issuance by 70.94.654 [RCW Index—page 17] AIR POLLUTION CONTROL rare and endangered plant regeneration 70.94.651 restraining orders, temporary injunctions to enforce orders, procedure 70.94.725 rules and regulations 70.94.700 smoke signals if part of religious ritual 70.94.651 weed abatement, fire fighting instruction, or agriculture activities, issuance, fees, and exception 70.94.650 weed abatement, instruction or agriculture activities, issuance, activities exempted from requirement 70.94.775 Carbon dioxide mitigation fees, authority to assess and collect 70.94.892 generally Ch. 80.70 Catalytic converter for emergency vehicles 43.21A.430 Causing or permitting pollution unlawful 70.94.040 Clean air act Ch. 70.94 Clean fuel matching grants public transit, vehicle mechanics, and refueling infrastructure 70.94.960 Coal-fixed thermal electric generating facilities air pollution control facilities, progress assessment 70.94.630 Control authorities adjudicative proceedings, authority of pollution control hearings board 43.21B.240 pollution control hearings board, jurisdiction and duties Ch. 43.21B regulations and amendments filed with pollution control hearings board 43.21B.260 Control officer authority for 70.94.170 investigation of conditions 70.94.200 Counties, See COUNTIES, subtitle Air pollution Definitions 70.94.030 Districts dissolution, when 70.94.231 Dust, agricultural activities, exemption 70.94.060 Ecology, department of approved plans, enforcement 70.94.785 limitation on other governmental units or persons 70.94.370 powers and duties 70.94.331 Emission contributing areas department of ecology to provide information to motorists regarding boundaries of 46.16.015 Emission credits banking program amount of credit 70.94.850 implementation authorized 70.94.850 Environmental excellence program agreements Ch. 43.21K Federal clean air act compliance 70.94.011 department of ecology may accept delegation of and delegate 70.94.860 Forest practices, air pollution laws not modified 76.09.905 Gasoline vapor recovery devices, when required 70.94.165 Grass burning research advisory committee, duties Ch. 43.21E Hazardous substance remedial action procedural requirements of chapter not applicable 70.94.335 Indoor air pollutants compliance with building and material standards defense to action for injuries caused by 4.24.560 compliance with radon resistive construction requirements defense to action for injuries caused by 4.24.560 Indoor air quality [RCW Index—page 18] interim and final requirements for maintenance 19.27.190 Indoor air quality in public buildings definitions 70.162.010 department of labor and industries duties 70.162.020 public agencies, ventilation and filtration systems 70.162.040 schools, model program 70.162.050 state building code council duties 70.162.030 Interlocal cooperation, application of chapter to 39.34.020 Limited outdoor burning construction 70.94.760 ecology, department of, authority to allow fires not restricted 70.94.765 local air pollution control authority authority to allow outdoor fires not restricted 70.94.765 establishment of program 70.94.755 organic refuse, alternate methods of disposal 70.94.745 program establishment of 70.94.755 types of fires permitted permits issued by political subdivisions 70.94.750 Metals mining and milling operations 70.94.620 Motor vehicle emission control clean-fuel performance and clean-fuel vehicle emissions specifications 70.120.210 compliance 46.16.015 definitions 70.120.010 departmental authority supplemental to clean air act authority 70.120.130 diesel motor vehicles smoke opacity test 70.120.150 emission contributing areas, designation by department of ecology 70.120.150 emission contributing areas, vehicle emission inspection requirements 70.120.170 emission inspection requirements state agencies 70.120.170 noncompliance areas, annual review 70.120.160 noncompliance areas, designation by department of ecology 70.120.150 programs required to be conducted 70.120.020 rules, adoption 70.120.120 scientific advisory board, membership and duties 70.120.230 used vehicles 70.120.190 vehicle emission and equipment standards 70.120.150 vehicle inspection certificate of acceptance for vehicles which fail test, conditions 70.120.070 diesel motor vehicles 70.120.080 fleets 70.120.080 repairs, quality of, complaints 70.120.100 testing stations, complaints 70.120.100 Motor vehicle emission standards generally Ch. 70.120A Municipal pollution control facilities and bonding, See POLLUTION CONTROL MUNICIPAL BONDING Odors, agricultural activities, exemption 70.94.640 Outdoor burning, areas where prohibited exceptions 70.94.743 Outdoor burning, prohibited acts 70.94.775 Personnel, employment of 70.94.350 Pollution control hearings board, jurisdiction and duties Ch. 43.21B Pollution disclosure act of 1971 Ch. 90.52 Port districts, powers and duties as to acquisition and construction of facilities, etc. 53.08.040, 53.08.045 Radionuclides, emissions enforcement powers of department of health 70.94.422 Smoking, See SMOKING, subtitle Washington clean indoor air act Solid fuel burning devices residential and commercial construction standards 70.94.455 standards 70.94.455 Studies, special contracts for apportionment of costs between cities, towns, and counties 70.94.097 Sulfur dioxide abatement account 70.94.630 Transportation activities conformity criteria 70.94.037 Washington clean air dust, agricultural activities, exemption 70.94.060 Washington clean air act activation of authorities by department, procedure 70.94.390, 70.94.400 administrative procedure act, application 70.94.211 agricultural burning practices and research task force 70.94.650 air operating permit account 70.94.015 air pollution, causing, unlawful, exception 70.94.040 air pollution control account 70.94.015 subaccount 70.94.017 air pollution control advisory council creation 70.94.240 expenses and per diem 70.94.240 air quality program technical assistance for regulated community 70.94.035 approval orders 70.94.152 authorities, inclusion or exclusion of county, authority of department 70.94.331 board of directors reorganization pursuant to merger 70.94.069 borrow money, authority for 70.94.096 burning permits 70.94.654 Indian ceremonies 70.94.651 rare and endangered plant regeneration 70.94.651 smoke signals if part of religious ritual 70.94.651 burning permits, fees and exception 70.94.650 burning used oil as fuel prohibited, exceptions 70.94.610 carbon dioxide mitigation fees, authority to assess and collect 70.94.892 generally Ch. 80.70 causing air pollution, unlawful, exception 70.94.040 cities and towns, apportionment of costs to 70.94.093 city selection committee creation 70.94.110 duties 70.94.120 meetings 70.94.120 membership 70.94.110 notice 70.94.120 quorum 70.94.110 recording officer 70.94.120 civil penalties 70.94.431 classification of contaminant sources 70.94.151 clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure 70.94.960 commute trip reduction definitions 70.94.524 employer program, review and penalties 70.94.534 plan for state agencies 70.94.551 requirements for counties and cities 70.94.527 requirements for employers 70.94.531 state leadership 70.94.547 commute trip reduction board membership and duties 70.94.537 technical assistance 70.94.541 (2008 Ed.) AIR POLLUTION CONTROL use of funds 70.94.544 contaminant sources fees 70.94.161 operating permit fees to cover costs of permit program 70.94.162 operating permits, generally 70.94.161 permits 70.94.161 reasonably available control technology (RACT) requirements 70.94.154 contaminants classification of sources 70.94.151 investigation by control officer 70.94.200 proposed new sources, procedure, permits 70.94.152 registration of sources 70.94.151 regulation of particular type or class of source 70.94.395 variance, procedure 70.94.181 contaminants, existing stationary source of emission control technology alteration or replacement 70.94.153 contracts, agreement for use of personnel by department, reimbursement, merit system exemption 70.94.350 control authorities activated authorities, by action of law 70.94.053 activation, department action for, procedure 70.94.390, 70.94.400 activation in counties, when 70.94.055 air pollution control studies, special 70.94.097 apportionment of costs, payment to 70.94.093 assumption of control by department, reestablishment of program 70.94.410 assumption of jurisdiction by department 70.94.395 auditor, designation, duties 70.94.094 board of directors alternates, authority of members to appoint 70.94.130 city selection committee creation 70.94.110 duties 70.94.120 meetings 70.94.120 membership 70.94.110 notice 70.94.120 quorum 70.94.110 recording officer 70.94.120 compensation 70.94.130 composition of 70.94.100 meetings 70.94.130 members 70.94.100 officers 70.94.130 powers 70.94.130 powers and duties of 70.94.141 quorum 70.94.130 rules and regulations 70.94.141 term 70.94.100 borrow money, authorized 70.94.096 budget, adoption of, contents 70.94.092 confidentiality of certain records and information 70.94.205 contaminant control technology requirements 70.94.161 county assessor, certification of taxable valuation of property within 70.94.095 county withdrawal from multicounty authority 70.94.262 creation 70.94.053 deactivation 70.94.260 emergency expenditures 70.94.092 hearings to determine effectiveness of local program 70.94.405 meetings 70.94.053 merger of active and inactive authorities procedure 70.94.068 merger of authorities to form multi-county authorities 70.94.068 multi-county formation 70.94.057 mergers to form 70.94.068, 70.94.069 (2008 Ed.) pollution regions 70.94.053 powers and duties 70.94.081 excess tax levy authorized 70.94.091 preemption of uniform building and fire codes 70.94.157 resolution to activate, procedure 70.94.070 rules and regulations, generally 70.94.081 state aid 70.94.385 superseding local rules, regulations, etc., effect 70.94.230 supplemental income 70.94.092 treasurer, designation, duties 70.94.094 uniform building and fire codes, preemption 70.94.157 withdrawal from multicounty authority 70.94.262 control officer generally 70.94.170 investigation authority 70.94.200 cooperation by state agencies and departments 70.94.420 cost-reimbursement agreements 70.94.085 counties, apportionment of cost to 70.94.093 county assessor, certification of taxable valuation in boundary of authority 70.94.095 deactivation of authorities 70.94.260 declaration of policy and purpose 70.94.011 definitions 70.94.030 deminimus new sources, definition 70.94.152 dissolution of prior districts 70.94.231 districts dissolution of prior 70.94.231 ecology, department of confidentiality of certain records and information 70.94.205 enforcement of approved plans 70.94.785 quarterly reports to from all authorities 70.94.600 emission control adoption by department 70.94.331 bubble concept 70.94.155 generally 70.94.152 requirements 70.94.380 schedule of compliance 70.94.155 emission control technology alteration or replacement existing stationary source of contaminants 70.94.153 enforcement 70.94.395 additional means 70.94.435 restraining orders or injunctions 70.94.425 enforcement actions by air authority 70.94.211 enforcement actions by department 70.94.332 environmental excellence program agreements, effect 70.94.033 exceptions, historic buildings, wood burning 70.94.041 excusable excess emissions 70.94.431 federal aid 70.94.143 federal programs, cooperation with 70.94.510 fees schedule 70.94.162 source operating permit fees to cover costs of permit program 70.94.162 field and turf grasses grown for seed, burning 70.94.656 fiscal federal aid 70.94.143 funding amounts, adoption by department 70.94.385 state aid 70.94.385 gasoline vapor recovery devices, when required 70.94.165 hazardous substance remedial action procedural requirements not applicable 70.94.335 hearings administrative procedure act, application 70.94.211 control authorities 70.94.211, 70.94.221 determination of effectiveness of control authorities 70.94.405 subpoena power, witness 70.94.142 violations procedures 70.94.211, 70.94.221 historic buildings, wood burning, permitted 70.94.041 injunction power to enforce 70.94.425 investigations, authority 70.94.200 lien for enforcement of act 70.94.431 merger of authorities to form multi-county authorities 70.94.069 metals mining and milling operations 70.94.620 odors, agricultural activities, exemption 70.94.640 orders affirmation, modifications, or rescission of 70.94.221 orders of approval 70.94.152 outdoor burning, areas where prohibited exceptions 70.94.743 penalties 70.94.430 permitting air pollution, unlawful, exceptions 70.94.040 pollution regions delineation 70.94.053 evaluation of 70.94.053 powers and duties 70.94.420, 70.94.425, 70.94.431 powers and duties of department 70.94.331, 70.94.385 public policy 70.94.011 reasonably available control technology (RACT) requirements 70.94.154 refrigerants regulated 70.94.970 rules, enforcement provisions, and limitations 70.94.990 unlawful acts 70.94.980 reports to the department of ecology, quarterly, requirement 70.94.600 rules and regulations, control authority, effect 70.94.230 silvicultural forest burning program to reduce statewide emissions, objectives and exemption 70.94.665 source categories not requiring permit air emissions, recommendations to reduce 70.94.163 recommendations to reduce air emissions 70.94.163 source fees 70.94.152 state aid, procedure, regulations 70.94.143 state air pollution control board defined 70.94.030 powers and duties 70.94.093, 70.94.096 subpoena power, generally 70.94.142 timetables for compliance to standards 70.94.155 transportation activities conformity criteria 70.94.037 transportation demand management findings 70.94.521 variances, application for, consideration, limitation, renewals, review 70.94.181 violations generally 70.94.040 hearings, civil penalty, distribution of fines 70.94.431 notice to violators 70.94.211 order affirmation, modification, or revocation 70.94.221 penalties for 70.94.430 procedure 70.94.211, 70.94.221, 70.94.332 wood burning, historic buildings, permitted 70.94.041 wood stoves, burning violations condominium owners’ or residents’ associations not liable for acts of individual residents 70.94.475 Wood stoves [RCW Index—page 19] AIR SPACE CORRIDORS burning wood for heat, limitations 70.94.473 AIR SPACE CORRIDORS Eminent domain costs, award on abandonment or defeat of condemnation proceedings 8.25.073 AIRMAN AND AIRWOMAN (See AERONAUTICS) AIRPLANE COMPANIES Taxation Ch. 84.12 AIRPLANES (See also AERONAUTICS) Criminal jurisdiction of state 9A.04.030 Emergency response caused by intoxication recovery of emergency response costs from convicted person 38.52.430 Explosives, damages to 70.74.280 Historic aircraft, state-owned resources, salvage 27.53.110, 27.53.120, 27.53.130, 27.53.150 Registration 47.68.250 Seizure, See DRUGS, subtitle Controlled substances Tax imposed on aircraft Ch. 82.48 AIRPORTS (See also AERONAUTICS; TRANSPORTATION DEPARTMENT OF) Airport impact mitigation account 43.63A.760 First class cities, in unincorporated area, subject to county zoning and planning law 35.22.415 General aviation airports siting 35.63.250, 36.70.547, 36.70A.510 Recycling receptacle placement and signing 70.93.095 Subdivision plats near department of transportation notice 58.17.080 AIRWAY MANAGEMENT TECHNICIANS (See EMERGENCY MEDICAL SERVICES) ALARMS Smoke detection devices, required 48.48.140 ALASKA Pacific marine fisheries compact Ch. 77.75 Pacific Northwest economic region cooperative activities encouraged 43.147.030 findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 terms of agreement 43.147.010 ALCOHOL (See also ALCOHOLIC BEVERAGES) Denatured or wood, exemption from liquor law 66.12.060 Ethyl alcohol, sale and pricing 66.16.010 Fuel in motor vehicles, farm implements, and machines exclusion from liquor control 66.12.130 Nonbeverage form purchased directly from supplier 66.12.145 ALCOHOL AND DRUG ADDICTION TREATMENT Client assessment, treatment, and support services 74.50.040 Community mobilization against substance abuse community suggestions, solicitation of and response to 43.270.070 coordinated area strategies encouraged 43.270.040 gifts, grants, and endowments, authority to accept and use 43.270.080 grant program, coordinated area strategies encouraged 43.270.040 grant program, eligible activities 43.270.020 Correctional facilities additional placements 72.09.660 [RCW Index—page 20] County multipurpose diagnostic center or detention center 74.50.070 Court-ordered evaluation and treatment for parent or guardian of dependent child breach of court order 13.34.174 violation of conditions 13.34.176 Deferred prosecution program Ch. 10.05 Dentistry, impaired dentist program 18.32.534 Discontinuance of services when funds provided are expended 74.50.080 Drug courts 2.28.170, 2.28.190 Family court authority evaluation, monitoring, and treatment services 26.12.170 Fetal alcohol syndrome prevention Ch. 70.83C Health services practitioners voluntary substance abuse monitoring programs 18.130.186 Mental health courts 2.28.180, 2.28.190 Pregnancy, alcohol and drug use treatment associated with Ch. 70.83C Private establishments licensing requirements and operating standards Ch. 71.12 Public assistance eligibility limited application of chapter 74.08 RCW 74.08.900 Rule-making authority 74.50.080 Shelter assistance program 74.50.060 Shelter services, eligibility 74.50.035 Treatment eligibility 74.50.055 services 74.50.050 Vehicular assault or homicide alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 ALCOHOLIC BEVERAGES Alcohol servers definitions 66.20.300 education program 66.20.320 fees 66.20.320, 66.20.350 rules 66.20.330 violations, penalties 66.20.310, 66.20.340 Amusement device maintenance persons, eighteen years and older permitted on premises 66.44.316 Armory vicinity, license for sale of prohibited without permission of adjutant general 38.32.120 Arrest without warrant 66.44.010 Banquet permits Ch. 66.20 Bed and breakfasts, special permits Ch. 66.20 Beer, See BEER AND BREWERIES Birth defects warning notice, posting required in liquor stores 66.16.110 Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Business activities, special permits Ch. 66.20 Candy liquor content regulated 66.12.160, 66.12.170 Chemical dependency professionals, certification Ch. 18.205 Child abuse alcohol or controlled substances as contributing factor, evaluation of alleged perpetrator 26.44.170 Children leaving child unattended in parked automobile to enter tavern, penalty 9.91.060 Cities and towns first class, enforcement of state laws 35.22.280 sales, liquor control board authority and duties 66.08.050 second class cities, regulation of 35.23.440 state preemption 66.08.120 Clubs bottle clubs, license 66.24.480 private club beer and wine license 66.24.452 purchase of liquor by licensee 66.24.440 spirits, beer, and wine private club license, conditions and qualifications 66.24.450 spirits, beer, and wine restaurant license, conditions and qualifications 66.24.400, 66.24.410, 66.24.420, 66.24.425 Colleges or universities liquor or illegal drug use, complaint procedures and sanctions 28B.10.575 liquor-free housing areas 28B.10.575 promotion and sales restricted 66.28.160 sales on campus, Washington products 66.44.193 Construction of law, generally Ch. 66.98 Consuming in public places, penalty 66.44.100 Contraband liquor, possession 66.32.010 Convention centers spirits, beer, and wine restaurant license, conditions and qualifications 66.24.420 Counties action to abate nuisances 66.36.010 County licenses 67.14.020, 67.14.040, 67.14.050, 67.14.060, 67.14.070, 67.14.080, 67.14.090, 67.14.120 Courses of instruction authorized 66.28.150 Crimes and offenses acting without license 66.44.090 consumption in public places 66.44.100 elections, candidate purchasing or giving liquor on election day prohibited 66.44.265 identification, supply of facsimile identification unlawful 66.44.328 identification, transfer to a minor 66.44.325 identification cards, unlawful use 66.20.200 illegal possession 66.44.160 illegal purchases 66.44.150 illegal transportation or sale 66.44.140 intoxicated persons, sales to or purchases and consumption by prohibited 66.44.200 license requirements 66.24.481 mash, illegal possession 66.44.140 minors, violations, enforcement, and penalties Ch. 66.44 obtaining liquor for ineligible persons 66.44.210 official seal, unlawful possession or use 66.44.120 outdoor music festival, campground detention, investigation of drug or alcohol abuse 4.24.710, 9A.16.120 penalties 66.44.175, 66.44.180 possession with intent to sell, when illegal 66.44.170 public conveyances, drinking in, penalty and exception 66.44.240, 66.44.250 sales by drink or bottle, penalty 66.44.130 sales to minors, defense 66.20.210 sales unlawful without government seal or stamp, exception 66.44.140 Culinary, restaurant, or food fermentation courses use authorized 66.12.140 Definitions 66.04.010 Disc jockeys, eighteen years and older permitted on premises 66.44.316 Distillers craft distillery 66.24.145 licenses 66.24.140 liquor warehouse receipts, fraud concerning, penalty 9.45.160, 9.45.170 monthly reports 66.28.060 Distillers, See also DISTILLERIES Distributors retail businesses, interest in prohibited, exceptions 66.28.010 Driver’s license ineligibility 46.20.031 Driving privileges of juveniles, revocation 66.44.365 Driving under the influence personal injury, wrongful death, contributory fault 5.40.060 Driving while under the influence of intoxicating liquor or any drug (2008 Ed.) ALCOHOLIC BEVERAGES traffic safety commission to inform and educate 43.59.140 Drug-affected babies, prenatal newborn screening Ch. 70.83E Duty free exporter’s license 66.24.530 Duty free for personal use, excess amounts 66.12.110 Educational or consumer product information on retail premises 66.28.155 Effect on competency of witnesses 5.60.050 Elections local option, See ALCOHOLIC BEVERAGES, subtitle Local option Emergency response caused by intoxication recovery of costs from convicted person 38.52.430 Employees consumption or opening of liquor on store premises 66.16.070 sales of liquor 66.16.040 Enforcement of laws arrest without warrant 66.44.010 certified analysis as evidence of alcoholic content 66.44.070 complaints and information, sufficiency 66.44.040 liquor control board’s authority 66.44.010 liquor enforcement officers, powers 66.44.010 offenses, description and proof 66.44.050 proof of intent 66.44.060 prosecution of violations 66.44.010 resisting or opposing officer, penalty 66.44.370 service on corporations 66.44.080 Ethyl alcohol, sale and pricing 66.16.010 Exemptions from liquor law Ch. 66.12 Fetal alcohol syndrome warning notice, posting required in liquor stores 66.16.110 Financial interest in retail businesses prohibited for manufacturers, distributors, and importers, exceptions 66.28.010 Fire fighters, eighteen years and older, permitted on premises 66.44.316 First class cities, enforcement of state laws 35.22.280 Food products liquor content regulated 66.12.160, 66.12.170 Forfeiture, adjudication 66.32.040, 66.32.070 Fortified wine, sales 66.16.100 Funds, See ALCOHOLIC BEVERAGES, subtitle Liquor revolving fund Giving away liquor prohibited, exceptions 66.28.040 Grower’s license 66.24.520 Hospitals authorized use 66.12.150 Hotels license, fee, limitations 66.24.590 purchase of liquor by licensee 66.24.440 spirits, beer, and wine restaurant license, conditions and qualifications 66.24.400, 66.24.410, 66.24.420, 66.24.425 Identification cards definition 66.20.160 evidence of age 66.20.170 false cards, use or possession 66.20.200 presentation 66.20.180 questionable age of holder, procedure 66.20.190 sales to minors, defense 66.20.210 unlawful use, penalties 66.20.200 use for purchase 66.16.040 Ignition interlocks, biological and technical devices alcohol offenses 46.20.710, 46.20.720, 46.20.740, 46.20.745, 46.20.750 definition 46.04.215 Illegal possession, penalty 66.44.160 Illegal purchases, penalty 66.44.150 Import from another state for personal use 66.12.120 Importers (2008 Ed.) admission to athletic and entertainment events, provision to retailers permitted 66.28.043 license 66.24.160 retail businesses, interest in prohibited, exceptions 66.28.010 Infants, drug and alcohol-affected comprehensive plan 13.34.803 definition 13.34.801, 13.34.802 model project 13.34.800 study 13.34.805, 13.34.8051 Inspection of books and records 66.08.130, 66.08.140 Inspection of licensed premises or banquet permit premises authorized 66.28.090 Insurance, disability policies, optional standard provisions regarding losses while using 48.20.272 Interstate passenger carriers, licenses 66.24.395 Intoxicated persons, sales to or purchases and consumption by prohibited, penalty 66.44.200 Intoxication places of, abatement as nuisance 7.48.240 Janitors, eighteen years and older permitted on premises 66.44.316 Juveniles driving privileges affected by violations, revocation and reinstatement 13.40.265 Labels malt liquor 66.28.120 spirits 66.28.100 wine 66.28.110 Law enforcement officers and security personnel, eighteen years and older, permitted on premises 66.44.316 Law enforcement training or investigation, use of forfeited liquor 66.08.095 Leaving children unattended in parked automobile to enter tavern, penalty 9.91.060 Licenses acting without, penalty 66.44.090 administrative procedure act, application 66.08.150 beer and wine gift delivery license 66.24.550 beer and/or wine restaurant license 66.24.320 beer distributors 66.24.250 beer importers 66.24.261 bonded wine warehouse storage 66.24.185 bowling alleys, sales, service, consumption 66.24.455 combined license, for sale of beer and wine for consumption on or off premises 66.24.354 conditions and restrictions 66.24.010 counties 67.14.020, 67.14.040, 67.14.050, 67.14.060, 67.14.070, 67.14.080, 67.14.090, 67.14.120 distillers 66.24.140 domestic breweries 66.24.240 domestic wineries 66.24.170 duty free exporters 66.24.530 grocery store license and restricted grocery store license 66.24.360 grower’s license 66.24.520 interstate passenger carriers 66.24.395 laboratory stills 66.24.140 limitations 66.24.010 liquor control board, regulatory power 66.98.070 liquor importers 66.24.160 manufacturers 66.24.150 microbreweries 66.24.244 motel license 66.24.540 music and dancing upon licensed premises, permit 66.28.080 nonprofit arts organization license 66.24.495 nonprofit corporations near Canadian border 66.12.110 nonprofit organizations or societies, special occasion license for sales at specific event 66.24.375, 66.24.380 private club beer and wine license 66.24.452 public house license 66.24.580 purchase of liquor by licensee 66.24.440 representatives 66.24.310 required, penalty 66.24.481 retailers nonrefundable application fee 66.24.015 rules adoption, board authority 66.08.0501 serving to standing or walking patron permitted 66.28.130 snack bar license 66.24.350 specialty shop license, samples 66.24.371 spirits, beer, and wine private club license, conditions and limitations 66.24.450 spirits, beer, and wine restaurant license, conditions and limitations 66.24.400, 66.24.410, 66.24.420, 66.24.425 spirits, beer, and wine restaurant licensees, rights 66.98.060 sports/entertainment facility license 66.24.570 suspension for noncompliance with support order 66.20.085, 66.24.012 tavern license 66.24.330 temporary licenses 66.24.010 transfer 66.24.025 vacation of suspension 66.24.120 wine distributors 66.24.200 wine importers 66.24.203 Liquor control board, See LIQUOR CONTROL BOARD Liquor enforcement officers generally 66.44.010 resisting or opposing, penalty 66.44.370 Liquor excise tax fund 82.08.160 Liquor revolving fund border areas, distribution 66.08.195, 66.08.196, 66.08.198 cities and towns, distribution 66.08.210 counties, distribution 66.08.200 deposits and disbursements 66.08.170 distribution 66.08.180, 66.08.220 excess funds, disbursement and withholding for noncompliance 66.08.190 proceeds from sale of illegal property 66.32.070 transfer of funds 66.08.240 Liquor stores beer and wine sales to licensed retailers 66.16.050 birth defects from alcohol, warning notice 66.16.110 consumption or opening of liquor on premises 66.16.070 credit and debit card purchases 66.16.041 employees, See also ALCOHOLIC BEVERAGES, subtitle Employees establishment by board 66.16.010 locality determination 66.08.050 price standards 66.16.010 records of individual purchases confidential 66.16.090 sales, identification requirements 66.16.040 sealed packages 66.16.060 Sunday sales 66.08.166, 66.08.167, 66.16.120 Local option elections authority 66.40.020 ballot form 66.40.110 canvass of vote 66.40.120 certification of results to board 66.40.140 check of petitions 66.40.100 concurrent liquor elections prohibited 66.40.150 effect of election 66.40.140 license elections 66.40.030, 66.40.130 petition for election 66.40.040 units 66.40.010 Malt liquor labeling 66.28.120 Malt liquor, reports of sales 66.24.270 Manufacturers admission to athletic and entertainment events, provision to retailers permitted 66.28.043 licenses 66.24.150 [RCW Index—page 21] ALCOHOLICS representation by liquor control board personnel prohibited 66.08.075 retail businesses, interest in prohibited, exceptions 66.28.010 storage exemptions 66.12.030 Medicinal, culinary, and toilet preparations, labeling 66.12.070 Medicinal use 66.20.100, 66.20.110, 66.20.120 Medicines exemptions 66.12.060, 66.12.070 Military installations abatement of places of sale as nuisance 38.32.120 special permits Ch. 66.20 Militia property license for sale of prohibited in vicinity without permission of adjutant general 38.32.120 prohibition of sale, penalty for disobedience 38.32.120 Minors application for permit prohibited 66.44.280 arrest without warrant 10.31.100 delivery off premises, limitation 66.44.340 driving privilege revocation for alcohol or drug violations 66.44.365 eighteen years and older, certain persons permitted on licensed premises 66.44.316, 66.44.350 employees eighteen to twenty-one, handling of beer and wine on nonretail premises 66.44.318 exhibition of effects of consuming liquor 66.44.270 frequenting off-limits areas 66.44.310 furnishing liquor to minors unlawful, exceptions 66.44.270 identification, supply of facsimile identification unlawful 66.44.328 identification, transfer to a minor unlawful 66.44.325 misrepresentation of age 66.44.300, 66.44.310 possession or use of liquor unlawful, exceptions 66.44.270 purchase or attempt to purchase liquor unlawful, penalty 66.44.290 sale by minors, limitation 66.44.340 sales to minors defense 66.20.210 sales to minors by licensee or employees, notification of hearings 66.44.292 treats, gifts, or purchases of liquor for minors in public places 66.44.300 Motor vehicles driving under the influence 46.61.502 operating under influence of intoxicants or drugs 9.91.020 physical control of while under the influence 46.61.504 Music and dancing upon licensed premises, permit 66.28.080 Musicians, eighteen years and older permitted on premises 66.44.316 Nonbeverage form purchased directly from supplier 66.12.145 Nuisances militia post or encampment, abatement of sale 38.32.120 places where liquor unlawfully kept abatement 66.36.010 public nuisance, when 7.48.140 Nursing homes authorized use 66.12.150 Operation of while intoxicated railroad, steamboat, or vehicle 9.91.020 Packages labeling 66.28.100 Perfumes, culinary preparations, or flavoring extracts, exemptions 66.12.070 Permits administrative procedure act, application 66.08.150 [RCW Index—page 22] alcohol server permit 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350 cancellation or suspension 66.20.070, 66.20.080, 66.20.150 classifications 66.20.010 duration 66.20.060 false or fictitious names 66.20.020 issuance and fees 66.20.010 permit requirements and exemptions 66.20.310 reissuance after cancellation or suspension 66.20.140 signatures 66.20.040 suspension for noncompliance with support order 66.20.085 transferability 66.20.020 wrongful presentation, retention 66.20.090 Personal injury, contributory fault 5.40.060 Pilots of vessels 88.16.100 Possession contraband liquor 66.32.010 Possession, See also ALCOHOLIC BEVERAGES, subtitle Search and seizure Possession with intent to sell, when illegal 66.44.170 Public nuisance places where kept for unlawful use, sale, distribution 9.66.010 when 7.48.140 Public places license requirements 66.24.481 Public places, certain parks and picnic areas not included as public places for purposes of alcoholic beverage control 66.04.011 Purchases liquor control board purchases 66.08.070 Regulatory authority and scope of powers of liquor control board 66.08.030, 66.08.050 Representatives licenses 66.24.310 Restaurants purchase of liquor by licensee 66.24.440 spirits, beer, and wine restaurant license, conditions and qualifications 66.24.400, 66.24.410, 66.24.420, 66.24.425 Retail businesses, manufacturers, distributors, and importers barred from interest in, exceptions 66.28.010 Retail liquor licenses, See ALCOHOLIC BEVERAGES, subtitle Licenses Sacramental liquors or wine 66.20.020 Sale by drink, See ALCOHOLIC BEVERAGES, subtitle Licenses Sales board exemptions 66.12.020 liquor control board regulatory authority and scope of powers 66.08.030, 66.08.050 local option, See ALCOHOLIC BEVERAGES, subtitle Local option records of individual purchases confidential 66.16.090 Sunday, sales on 66.08.166, 66.08.167, 66.16.120 Sales tax collection of tax 82.08.160 distribution of tax 82.08.170, 82.08.180 imposed 82.08.150 Sales to or purchases and consumption by intoxicated persons prohibited, penalty 66.44.200 Samples furnished to liquor control board, standards and accountability 66.28.045 Search and seizure claimants’ rights 66.32.060 disposition of property 66.32.070 forfeiture actions no bar to criminal prosecution 66.32.080 forfeiture and disposal of liquor 66.32.040 hearing 66.32.050 judgment of forfeiture 66.32.070 law enforcement officers, duty to board 66.32.090 receipt for seized property 66.32.030 report to board 66.32.090 warrants 66.32.020, 66.32.030, 66.32.050 Servers, See ALCOHOLIC BEVERAGES, subtitle Alcohol servers Serving to standing or walking patron permitted 66.28.130 Snowmobiles operating under the influence of 46.10.090 Solicitation of orders prohibited, exceptions 66.28.050 Sound or lighting technicians, eighteen years and older permitted on premises 66.44.316 Special permits Ch. 66.20 Spirits, labeling 66.28.100 Sports/entertainment facility license 66.24.570 State liquor stores, See ALCOHOLIC BEVERAGES, subtitle Liquor stores State of emergency, limitations on sale or purchase of during 43.06.250 State preemption of control 66.08.120 Stills, illegal operation, penalty 66.44.140 Subpoena issuing authority 66.08.145 Sunday sales 66.08.166, 66.08.167 Title liberally construed 66.08.010 Trade fairs, shows, or expositions, special permits Ch. 66.20 Transportation unlawful without government seal or stamp, exception 66.44.140 Transshipment in interstate or foreign commerce 66.12.030 Vendors appointment 66.08.050 Violations, enforcement, and penalties Ch. 66.44 Warehouses receipts, fraud concerning, penalty 9.45.160, 9.45.170 Wholesalers admission to athletic and entertainment events, provision to retailers permitted 66.28.043 representation by liquor control board personnel prohibited 66.08.075 Wine and malt beverages, distributors and suppliers, equity agreement Ch. 19.126 Wine commission Ch. 15.88 Wines, See also WINES AND WINERIES Wrongful death defense, contributory fault 5.40.060 ALCOHOLICS (See ALCOHOLISM AND DRUG ADDICTION) ALCOHOLISM AND DRUG ADDICTION (See also ALCOHOL AND DRUG ADDICTION TREATMENT) Chemical dependencies, persons with indecent liberties by health care provider 9A.44.100 rape by health care provider 9A.44.050 Chemical dependency and mental disorders, screening and assessment Ch. 70.96C Chemical dependency defined for insurance purposes 48.21.195, 48.44.245, 48.46.355 Chemical dependency professionals, certification Ch. 18.205 Child abuse alcohol or controlled substances as contributing factor, evaluation of alleged perpetrator 26.44.170 Children age of consent for treatment 70.96A.095 chemical dependency assessment for inpatient treatment 70.96A.245 chemical dependency assessment for outpatient treatment 70.96A.250 drug-affected and alcohol-affected mothers and infants comprehensive services 13.34.390 inpatient treatment 70.96A.097, 70.96A.235 medical assistance, eligibility 70.96A.265 outpatient treatment 70.96A.230 payment for treatment 70.96A.240 (2008 Ed.) ALIEN BANKS release from treatment facility 70.96A.255, 70.96A.260 school referral to inpatient treatment, notice to parent 70.96A.096 treatment programs, evaluation 70.96A.090 Counties alcoholism and drug addiction board, duties 70.96A.300 program coordinator, duties 70.96A.310 program services and activities 70.96A.320 Criminal laws limitation 70.96A.190 Definitions 70.96A.020 Drivers’ licenses ineligibility, certain persons 46.65.060 Educational materials at colleges and universities 28B.10.295 Emergency service patrol, purpose and functions 70.96A.170 Fetal alcohol screening and assessment services 70.96A.500, 70.96A.510 Group disability insurance benefits 48.21.160, 48.21.180 right of renewal 48.21.190 Health care service contractors benefits 48.44.240 Health maintenance organizations 48.46.350 Health services practitioners voluntary substance abuse monitoring programs 18.130.175 Insurance coverage rules 48.21.197 Integrated crisis response and involuntary treatment, pilot programs Ch. 70.96B Involuntary commitment 70.96A.140, 70.96A.145 Involuntary commitment, See also MENTAL ILLNESS, subtitle Involuntary commitment Juvenile offenders chemical dependency disposition alternative 13.40.165 Minors chemical dependency assessment for inpatient treatment 70.96A.245 chemical dependency assessment for outpatient treatment 70.96A.250 inpatient treatment 70.96A.097, 70.96A.235 medical assistance, eligibility 70.96A.265 outpatient treatment 70.96A.230 payment for treatment 70.96A.240 release from treatment facility 70.96A.255, 70.96A.260 Motor carriers alcohol and controlled substance testing program 81.04.530 Offender sentencing 9.94A.607 Opiate substitution treatment certification 70.96A.410 pregnancy, treatment during 70.96A.090 regulation by state 70.96A.400 statewide standards, evaluation 70.96A.420 Treatment acceptance into approved program, standards 70.96A.100 admission procedures 70.96A.120 age of consent 70.96A.095 chemical dependency program, scope 70.96A.030, 70.96A.040, 70.96A.080 chemical dependency specialist services children and family services offices 70.96A.037 citizens advisory council 70.96A.070 city or county without facility, liquor tax contribution prerequisite to use of another’s facility 70.96A.085 county expenditures, review of 43.20A.065 county-designated chemical dependency specialists, training 70.96A.905 court-ordered, notification requirements 70.96A.155 court-ordered treatment or supervision 70.96A.157 criminal justice treatment account 70.96A.350 enhanced services facilities Ch. 70.97 (2008 Ed.) funding prerequisites 70.96A.045, 70.96A.047 funding priorities 70.96A.520, 70.96A.915 inpatient treatment parental consent, exception 70.96A.235 inpatient treatment of children 70.96A.097 intensive case management pilot projects 70.96A.800 interdepartmental coordinating committee 70.96A.060 interlocal cooperation 70.96A.043 involuntary commitment 70.96A.140, 70.96A.145 involuntary commitment or detention 71.05.040 jail, evaluation upon release from 70.96A.142 joinder of petition for commitment 70.96A.141 liquor taxes and profits, dedicated funds required 70.96A.087 methamphetamine addiction programs counties, state funding 70.96A.325 opiate substitution 70.96A.400, 70.96A.410, 70.96A.420 outpatient treatment notice to parent 70.96A.230 payment 70.96A.180 payment for minor’s treatment 70.96A.240 policy of state 70.96A.010 pregnancy, treatment during 70.96A.090 protective custody 70.96A.120 records, confidentiality and authorized disclosure 70.96A.150 school referral to inpatient treatment, notice to parent 70.96A.096 screening and assessment process 70.96A.035, 71.05.027 social and health services department duties 70.96A.050 standards for programs, enforcement 70.96A.090 visitation and communication with patient 70.96A.160 voluntary treatment 70.96A.110 ALE (See ALCOHOLIC BEVERAGES; BEER AND BREWERIES) ALIEN BANKS (See also BANKS AND BANKING) Accounts, English language requirement 30.42.200 Acquisition of other financial institutions by, prohibited 30.42.050 Activities and powers 30.42.155 agencies of 30.42.180 Advertising, regulation of 30.42.170 Agencies of, powers and activities 30.42.180 Allocation of paid-in capital, requirements 30.42.170 Application 30.42.060 approval, notice of, required 30.42.100 duties of director with respect thereto 30.42.090 reciprocity requisite of approval 30.42.090 Application for bureau 30.42.210 Assets, separation from total assets required 30.42.080 Authorized, purposes 30.42.010 Board of directors, prohibited from serving as directors of other financial institutions 30.42.050 Bonds, required for officers and employees 30.42.190 Books and accounts, English language requirement 30.42.200 Books and records, separation from total books and records required 30.42.080 Bureau application 30.42.210 approval, notice of, required 30.42.220 business, commencement of, time limitation on 30.42.220 certificate of authority 30.42.210 filing with county recording officer 30.42.220 filing with secretary of state 30.42.220 charter filing with county recording officer 30.42.220 filing with secretary of state 30.42.220 examination of 30.42.240 fee requirement 30.42.210 number of 30.42.230 powers 30.42.230 Business commencement of, time limitation on 30.42.100 transaction of, requirements for 30.42.130 Capital, paid-in allocation, deposit requirements 30.42.070 requirements 30.42.060 Certificate of authority for bureau 30.42.210 filing with secretary of state 30.42.100 revocation or suspension 30.42.300 suspension or revocation 30.42.300 Change of location 30.42.310 Charter filing with secretary of state 30.42.100 Claims by creditors, priorities 30.42.130 Commencement of bureau business, time limitation on 30.42.220 business, time limitation on 30.42.100 Conditions for establishment 30.42.060 Creditors claims, priorities 30.42.130 Crimes, violations and penalties 30.42.290 Definitions, applicable 30.42.020 Deposits acceptance of 30.42.115 distribution by director 30.42.130 requirements before accepting 30.42.120 solicitation of 30.42.115 Director of financial institutions authority to conduct examinations and investigations 30.42.140 bureau, authority to regulate 30.42.210 bureau application, approval of, notice requirement 30.42.220 certificate of authority, suspension or revocation of 30.42.300 duties with respect to applications 30.42.090 establishment of, approval of supervisor 30.42.030 examination of bureaus 30.42.240 examinations, authority to conduct 30.42.140 investigations, authority to conduct 30.42.140 rules and regulations, authority to promulgate 30.42.320 suspension or revocation of certificate of authority 30.42.300 take over by, when 30.42.130 Directors, board of duties, responsibilities and restrictions, imposed 30.42.280 service on boards of directors of other financial institutions prohibited 30.42.050 Distribution of deposits by director 30.42.130 Duties, responsibilities and restrictions imposed on directors, officers and employees 30.42.280 Employees bond required 30.42.190 duties, responsibilities, restrictions imposed 30.42.280 English language requirement for books and accounts 30.42.200 Establishment of 30.42.060 authorized 30.42.010 director of financial institutions, approval of required 30.42.030 Examination of bureaus by director 30.42.240 Examinations and investigations of, authorized 30.42.140 Fairs, trade, facilities, authorized 30.42.250 Fee requirement for bureau 30.42.210 Fees, required 30.42.300 [RCW Index—page 23] ALIENATION Felonies, penalties 30.42.290 Financial institutions, other acquisition prohibited 30.42.050 prohibition against members of board of directors serving in similar capacity for 30.42.050 Financial reports, required 30.42.260 Gifts by, regulations 30.42.170 Grandfather clause 30.42.340 Guarantee obligations 30.42.105 Imposition of taxes 30.42.270 Investigations and examinations of, authorized 30.42.140 Limitation on number of offices 30.42.040 ownership of real property 30.42.160 Loans by 30.42.105 subject to usury laws 30.42.150 Location, change of 30.42.310 Misdemeanors, penalties 30.42.290 Notice of approval of application by director 30.42.100 Number of bureaus 30.42.230 Officers bond required 30.42.190 duties, responsibilities and restrictions, imposed 30.42.280 Offices, number of, limitation on 30.42.040 Ownership of real property, limitations on 30.42.160 Paid-in capital, allocation, deposit requirements 30.42.070 Penalties for violations of chapter 30.42.290 Possession by director 30.42.130 Powers and activities 30.42.155 agencies of 30.42.180 guarantee obligations 30.42.105 loans 30.42.105 Powers of bureaus 30.42.230 Priorities of creditors claims against 30.42.130 Prohibition against acquiring interest in other financial institutions 30.42.050 directors serving on boards of directors of other financial institutions 30.42.050 Property, real, limitations on ownership of 30.42.160 Purposes, enumerated 30.42.010 Real property, limitations on ownership of 30.42.160 Reciprocity, required before approval of application 30.42.090 Regulation of advertising by 30.42.170 gifts by 30.42.170 Reports, financial, required 30.42.260 Requirements before accepting deposits 30.42.120 Revocation of certificate of authority 30.42.300 Rules governing 30.42.320 Supervisor of banking application, approval of, notice requirement 30.42.100 Suspension of certificate of authority 30.42.300 Taxes, imposed 30.42.270 Time limitation on commencement of business 30.42.220 Trade fair facilities, authorized 30.42.250 Transaction of business, requirements for 30.42.130 Trust companies, See TRUST COMPANIES Usury laws, applicable to loans made by 30.42.150 Violations of chapter, penalties 30.42.290 ALIENATION (See also REAL PROPERTY) Franchises, corporate liability not relieved by Const. Art. 12 § 8 Public assistance grants 74.04.280 Restraints on port district property 53.25.160 public lands, See PUBLIC LANDS [RCW Index—page 24] ALIENS Alien property custodian, notice to of actions affecting property of 4.28.330, 4.28.340, 4.28.350 Alien’s rights and interests in land, same as native citizen 64.16.005 Certain titles confirmed 64.16.140 Committed to correctional facility, jail, etc., duty to notify immigration authorities 10.70.140 Conveyances to or by aliens 64.16.140 Criminal offenders committed to department of corrections conditional release for deportation 9.94A.685 Deportation consequences of guilty plea advisement 10.40.200 Enemy during war, tolling of statute of limitations of actions 4.16.210 Firearms, license required, exception 9.41.170 Industrial insurance, See INDUSTRIAL INSURANCE Insurers, See INSURANCE, subtitle Alien insurers Mental illness, deportation Ch. 72.25 Naturalization of, by superior court Const. Art. 4 §6 Offenders, camp within correctional facility boundaries authorized 72.09.560 Property, alien’s right to own 64.16.005 Unemployment compensation benefits, eligibility 50.20.099 eligibility 50.20.098 employment defined in regard to nonresident aliens 50.04.206 included 50.04.205 ALLEGATIONS (See PLEADINGS) ALLEYS (See STREETS AND ALLEYS) ALL-TERRAIN VEHICLES (See MOTOR VEHICLES, subtitle Off-road and nonhighway vehicles) ALPACAS (See ANIMALS) ALTERATION Insurance applications 48.18.070 Motor vehicles, certificate of ownership or license registration, alteration or forgery 46.12.220 ALTERNATIVE RESIDENTIAL PLACEMENT (See JUVENILES, subtitle Alternative residential placement) AMATEUR RADIO OPERATORS Antennas local regulation to conform with federal law 35.21.315, 35A.21.260, 36.32.600 AMBULANCE SERVICES Aid vehicles licenses 18.73.140 self-inspection program 18.73.145 Ambulance personnel, requirements 18.73.150 Blanket disability insurance for volunteer organizations 48.21.040 Certificate of advanced first aid qualification 18.73.120 Cities and towns ambulance utilities, study and review 35.21.7661 establishment authorized 35.21.766 operations of 35.27.370 Counties authority to furnish financial assistance to political subdivisions 36.32.470 authority to operate, restriction 36.01.100 emergency medical services 36.01.095 County transportation authority 36.57.040 Emergency medical care and transportation services administrative procedure 18.73.200 county operation 36.01.095 definitions 18.73.030 state preemption of authority 18.73.020 unlawful practices, penalties 18.73.190 Emergency medical services licensing and certification advisory committee 18.73.040, 18.73.050 Epinephrine, authority to administer 18.73.250 Fire protection districts interlocal agreements 52.12.135 First aid course requirements 70.54.060 equipment requirements 70.54.060 penalty for violations 70.54.065 Inspection self-inspection program 18.73.145 Licenses, when required, exceptions 18.73.130 Liens for services limitations on 60.44.010 notice of claim, contents 60.44.020 when authorized 60.44.010 Other transportation vehicles, allowed use 18.73.180 Requirements secretary of health, duties 18.73.081 variance 18.73.101 Stretchers and personal mobility devices guidelines, safe transport of persons requiring 18.73.260 Uniform disciplinary act, application 18.73.240 Volunteer personnel city or town legislative body members 35.21.770 code city legislative body members 35A.11.110 AMBULATORY SURGICAL FACILITIES Account 70.230.180 Complaint toll-free telephone number 70.230.160 Coordinated quality improvement 70.230.080 Data related to quality of patient care 70.230.110 Definitions 70.230.010 Discipline of provider, reports 70.230.120 Exclusions from chapter 70.230.040 Information, disclosure 70.230.140, 70.230.170 Licenses applicants, renewal 70.230.050 denial, suspension, revocation 70.230.070 operating without 70.230.030 Restrict or terminate practitioners, records 70.230.130 Safety and emergency training, facility 70.230.060 Secretary of health, duties 70.230.020 Standards, rules 70.230.090 Surveys 70.230.090 Unanticipated outcomes 70.230.150 AMENDMENTS Attachments, pleadings 6.25.280 Bills of legislature act amended to be set forth in full Const. Art. 2 § 37 initiative measures, prohibitions Const. Art. 2 §1 may originate in either house Const. Art. 2 § 20 scope and object not to be changed by Const. Art. 2 § 38 Charters, municipal how proposed and adopted Const. Art. 11 § 10 by special legislation prohibited Const. Art. 2 § 28 Cities and towns comprehensive plans 35.63.120 Constitutional amendments how effected Const. Art. 23 § 1 notices effect of failure to publish properly Const. Art. 23 § 1 publication of Const. Art. 23 § 1 proposal for, may originate in either house Const. Art. 23 § 1 ratification by electors Const. Art. 23 § 1 revised Constitution, adoption by people Const. Art. 23 § 3 (2008 Ed.) ANIMALS separate amendments, to be separately voted upon Const. Art. 23 § 1 submission to vote Const. Art. 23 § 1 two-thirds vote of each house needed Const. Art. 23 § 1 Habeas corpus process 7.36.240 writs of habeas corpus 7.36.240 Pleadings district court, civil 12.08.090, 12.08.110 habeas corpus 7.36.240 minor defects, effect 4.32.250 variance in action to recover personal property 4.36.210 Ratification of constitutional amendments Const. Art. 23 § 1 Revised code, See REVISED CODE OF WASHINGTON AMERICAN BAR ASSOCIATION (See BAR ASSOCIATION) AMERICAN RED CROSS (See RED CROSS) AMMUNITION Product liability actions 7.72.030 AMNIOCENTESIS (See PRENATAL TESTING) AMUSEMENT GAMES Authority 9.46.0321 Authority to conduct 9.46.0331 Defined 9.46.0201 Rules, minimum rules for conduct of games 9.46.0331 AMUSEMENT RIDES Administrative procedure 67.42.050 Bungee jumping permission from public or private property owner required 67.42.090 Bungee jumping device fees 67.42.060 inspection 67.42.020, 67.42.040 permits 67.42.060 Decals 67.42.030 Definitions 67.42.010 Federal standards, federal land, possible exemption 67.42.050 Fees 67.42.060 Inspections 67.42.020, 67.42.025, 67.42.040 Insurance 67.42.020 Local ordinances 67.42.080 Materially rebuild or modified, new permit, new inspection 67.42.040 Orders to cease operations 67.42.050 Penalty for noncompliance 67.42.070 Permits 67.42.020, 67.42.030, 67.42.040, 67.42.060 Rules 67.42.050 ANABOLIC STEROIDS (See STEROIDS) ANATOMICAL GIFTS Account, organ and tissue donor 68.64.210 Authorized to make gift 68.64.030, 68.64.080 Bone marrow donor recruitment and education program 70.54.280, 70.54.290, 70.54.300 minors 70.54.305 Corneal tissue for transplants presumption of good faith 68.50.290 Coroner or medical examiner, duties 68.64.190 Declarations or advance health directives 68.64.180 Definitions 68.64.010 Documentation 68.64.105, 68.64.110 Driver’s license organ donor registry, information 46.20.1131 statement 46.20.113 Gift of life award Ch. 1.50 Hospitals, agreements with organizations 68.64.140 Identification of potential donors, hospital procedures 68.50.500 Illegal activities, penalties 68.64.150, 68.64.160 (2008 Ed.) Interpreter services and translations 68.64.130 Liability 68.64.170 Organ and tissue awareness account motor vehicle registration donation 46.12.510 Procedure for donating 68.64.040, 68.64.090 amending, revoking, making gift 68.64.050, 68.64.070 refusal to make 68.64.060 Procurement organizations 68.64.120 Receiver of gift, qualifications 68.64.100 Registry, organ and tissue donor 68.64.200 Scope of chapter 68.64.020 Warranties, immunities from implied warranties and civil liabilities 70.54.120 ANATOMICAL SCIENCE Human remains, use for instructional purposes 68.50.060, 68.50.070, 68.50.080, 68.50.090 ANCHORAGE (See also VESSELS AND SHIPPING) Boats and vessels, liens created 60.36.010 ANDROGENS (See STEROIDS) ANHYDROUS AMMONIA (See FERTILIZERS, subtitle Anhydrous ammonia) ANIMAL HEALTH Agriculture director, powers and duties 16.36.020, 16.36.023, 16.36.040, 16.36.060 Aquaculture disease inspection and control program Ch. 77.115 Biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 state preemption of local definitions 70.95K.011 waste treatment technologies evaluation by department of health 70.95K.020 Carcasses, disposal Ch. 16.68 Costs, recovery 16.36.025 Cows, goats, and other mammals health requirements 15.36.161 Definitions 16.36.005 Diagnostic service program, livestock diseases prevention and control Ch. 16.38 Diseased animals destruction 16.36.090 destruction, indemnity payment 16.36.096 duty to bury carcass, livestock 16.36.102 emergencies, actions authorized 16.36.070 exposure to other animals unlawful 16.36.082 importation unlawful 16.36.080 intergovernmental cooperation 16.36.100 milk sale prohibited, exception 15.36.151 owner’s liability 16.36.086 quarantine, hold order, or destruct order, hearing 16.36.098 reporting requirements 16.36.080, 16.36.084 sale unlawful 16.36.082 unlawful conduct 16.36.084 violations, penalty 16.36.110, 16.36.113 Diseases inspections and tests 16.36.040 prevention 16.36.040 reporting 16.36.040 Emergencies, actions authorized 16.36.070 Fees, rules 16.36.023 Fur farming Ch. 16.72 Importation of animals health certificates and permits, exceptions 16.36.050 unlawful acts and willful misconduct 16.36.050 Infection danger, actions authorized 16.36.070 Inspections and tests 16.36.040, 16.36.060 Livestock diseases, diagnostic service program Ch. 16.38 Livestock markets examinations and testing 16.65.340, 16.65.350 facilities, unlawful acts 16.65.370 sanitation requirements 16.65.360 Massage practitioners, animal 18.108.230 certification Ch. 18.240 Pet animals infected with diseases communicable to humans, control Ch. 16.70 Quarantine destruction of diseased or quarantined animals 16.36.090 hold order 16.36.010 order, hearing 16.36.098 violations, penalty 16.36.110, 16.36.113 Rendering plants Ch. 16.68 State veterinarian powers and duties 43.23.070 Tests, examinations, or inspections violations 16.36.060 Title 77 RCW, application 16.36.128 Transporting, requirements 16.36.045, 16.36.116 Veterinarians, duty to report certain diseases 16.36.080 Veterinarians, licensing and regulation Ch. 18.92 Violations, penalty 16.36.110, 16.36.113 ANIMAL TECHNICIANS (See VETERINARIANS) ANIMALS (See also ANIMAL HEALTH) Abandoned animals, procedures Ch. 16.54 Animal facilities acts against agricultural or veterinary facilities liability for damages 4.24.575 acts against research and educational facilities liability for damages 4.24.570 criminal acts against definition 9.08.090 legislative intent 9.08.080 injunctive relief to prevent harassment or occurrence of tort 4.24.580 Carcasses, disposal Ch. 16.68 Carcasses, use by department of fish and wildlife as trap bait 16.68.190 Carcasses as public nuisances 7.48.140 Cats bait, use as training bait prohibited, seizure of animals 16.52.300 Cities and towns, control of 35.27.370 Control of pets infected with diseases communicable to humans Ch. 16.70 Crimes involving indictment or information 10.37.070 research institutions, transferring stolen pet animals to penalties 9.08.072, 9.08.074, 9.08.076, 9.08.078 Cruelty to acts constituting, penalty 16.52.080 animal fighting 16.52.117 bait, use of domestic dog or cat as training bait prohibited, seizure of animal 16.52.300 confinement without food and water, penalty 16.52.100 cutting ears, penalty and exception 16.52.095 definitions 16.52.011 docking horses, penalty 16.52.090 enforcement authority 16.52.015 exclusions 16.52.185 first degree 16.52.205 hook, unlawful use of 16.52.305 humane societies, enforcement authority and duties 16.52.020, 16.52.025 inhumane slaughter of livestock Ch. 16.50 liability principles 16.52.011 limitations on application of chapter 16.52.180 livestock, nonambulatory 16.52.225 old or diseased animals, permitting to run at large, penalty 16.52.110 penalties 16.52.165, 16.52.200 poisoning 16.52.190, 16.52.193 railroad shipment of livestock 81.48.070 removal of animals, procedures 16.52.085 second degree 16.52.207 Dangerous dogs, See DOGS Dangerous wild animals, keeping of Ch. 16.30 Dead, disposal in watersheds 70.54.030 [RCW Index—page 25] ANNEXATION Destruction by law enforcement officer, immunity 16.52.210 Diseases, See ANIMAL HEALTH Dogs, See DOGS Euthanasia 16.52.085 False certificate of registration or false representation of breed, penalty 9.08.030 Feed, See FEED Feed containing noxious weed seeds or toxic weeds, penalty 17.10.235 Fighting exhibitions, prohibited behavior 16.52.117 Fur farming Ch. 16.72 Herd laws, See LIVESTOCK Horse racing Ch. 67.16 Horse racing, live horse racing compact Ch. 67.17 Importation health certificates and permits, exceptions 16.36.050 Information or indictment for injury to, description of 10.37.070 Insurance for 48.11.060 Killing in state park, penalty 79A.05.165 Livestock, See LIVESTOCK Low-income households veterinary services 18.92.250, 18.92.260 Massage practitioners, animal certification Ch. 18.240 endorsement 18.108.230 Milk and milk products for animal food Ch. 15.37 Nursing homes, contact with animals authorized 18.51.320 Pet animals bait, use of domestic dog or cat as training bait prohibited, seizure of animal 16.52.300 biomedical research, penalties for use 19.86.145 definitions 9.08.065 research institutions, transferring stolen animals to penalties 9.08.072, 9.08.074, 9.08.076, 9.08.078 research use, requirements 16.52.220, 16.52.230 taking, concealing, injuring, killing, etc., penalty 9.08.070 Pet food and specialty pet food registration requirements 15.53.9014 Places for fighting of, public nuisance, penalty 9.66.010 Poisoning 16.52.190, 16.52.193 Quarantine, See ANIMAL HEALTH Registration falsification, penalty 9.08.030 Removal for feeding and care, procedures 16.52.085 Rendering plants Ch. 16.68 Research facilities, exemption from cruelty to animal provisions 16.52.180 Research facilities, penalties for unfair and deceptive practices 19.86.145 Research use, requirements 16.52.220, 16.52.230 Running at large, See LIVESTOCK Scientific experiments, exemption from cruelty to animals provisions 16.52.180 Theft of livestock 9A.56.080, 9A.56.083 Trespassing animals damages and cost actions for damages 16.04.050, 16.04.060, 16.04.070 damages and costs actions for damages 16.04.030, 16.04.040, 16.04.045 liability 16.04.010, 16.04.015 fences Ch. 16.60 livestock running at large on United States military reservations 16.04.080 owner unknown, procedure 16.04.025 restraint 16.04.020 trespass via fence damaged by wildlife, liability 16.04.100 [RCW Index—page 26] Trusts Ch. 11.118 ANNEXATION Cities and towns elections canvass of votes 35.10.240 indebtedness, ratification and funding after 35.40.030 Cities and towns, See also CITIES AND TOWNS, subtitle Annexation Conservation districts 89.08.180 Counties simultaneous consideration of incorporation and annexation 36.93.116 Diking and drainage districts erected and operated by United States 85.05.610, 85.05.620, 85.05.630, 85.05.640, 85.05.650 Fire protection districts cities and towns annexation by 35.02.200, 35.02.205, 35.13.249 newly incorporated city or town annexation by 35.02.202 Metropolitan park districts 35.61.250, 35.61.260, 35.61.270, 35.61.280 Port districts, provisions for 53.04.080, 53.04.100 Public hospital districts 70.44.200 Public utility districts territory within service area 54.04.035 Water-sewer districts, assumption of jurisdiction by city or town Ch. 35.13A Water-sewer districts, generally Ch. 57.24 ANNUAL LEAVE (See VACATIONS) ANNUAL LEGISLATIVE SESSIONS Regular legislative sessions held each year Const. Art. 2 § 12 ANNUITIES (See INDUSTRIAL INSURANCE; INSURANCE; RETIREMENT PENSIONS; subtitle Life insurance) ANNULMENT Letters of administration 11.28.160 Will 11.24.040 ANSWERS Actions to recover property distrained, pleadings 4.36.140 Appearance, answer constitutes appearance 4.28.210 Assessment of damages without 4.28.290 Attachment, debt not due 6.25.050 Confession of judgment authorized before or after 4.60.010 Defenses district court proceeding 12.08.020 Distrained property, actions to recover, pleadings 4.36.140 District judges, requisites of answers 12.08.020 Ejectment and quieting title actions, substitution of landlord in action against tenant 7.28.110, 7.28.130 Forcible entry and detainer, pleadings 59.12.121 Frivolous 4.32.170 Joint debtors in proceedings after judgment defenses by, authorized 4.68.040 denial by authorized 4.68.040 verdict limitation 4.68.060 pleading component 4.68.050 Libel and slander, justification in mitigating circumstances 4.36.130 Logging liens 60.24.140 Mandamus proceedings 7.16.200 Material allegations, defined 4.36.170 Objection on same grounds as demurrer may be taken by, when 4.32.070 Partition proceedings, contents 7.52.060 Prohibition proceedings 7.16.320 Quo warranto proceedings 7.56.050 Requisites of district court civil procedure 12.08.020 Setoff, pleading of in answer 4.32.150 district court civil procedure 12.08.020, 12.08.120 Stricken, when 4.32.170 Uncontroverted allegations district court civil procedure 12.08.080 ANTI-HARASSMENT ACT (See HARASSMENT) ANTIQUES Pistols, excepted from restrictions on carrying 9.41.060 Slot machines, excluded from prosecution 9.46.235 ANTWERP PIGEONS (See BIRDS) APARTMENTS (See CONDOMINIUMS; LANDLORD AND TENANT) APIARIES (See BEES AND BEEKEEPING) APOTHECARY (See PHARMACIES AND PHARMACISTS) APPEALS Administrative agencies court of appeals 2.06.030 Administrative agency decisions direct review authorized 34.05.518 refusal of review 34.05.522 Administrative procedure, See ADMINISTRATIVE PROCEDURE Administrative procedure act supreme court or court of appeals 34.05.526 Agreed cases 4.52.030 Agricultural processing and marketing associations, monopoly hearing before attorney general 24.34.020 Assessments local improvements, See LOCAL IMPROVEMENTS AND ASSESSMENTS Attorneys’ fees as costs, damage actions, five thousand dollars or less 4.84.290 Banks extension of time of existence 30.08.080 removal or prohibiting participation of officer or employee 30.04.470 Board of equalization decisions 35.55.080 Boiler and steam vessel, board determinations 70.79.360 Bonds actions against state 4.92.030 criminal cases 10.73.040 Cities and towns board of equalization, local improvement of lowlands 35.55.080, 35.56.090 metropolitan park district assessments 35.61.230 municipal courts 35.20.250 proceedings declaring dwellings unfit 35.80.030 Condemnation actions, See EMINENT DOMAIN Corporations from secretary of state, nonprofit corporations 24.03.445 Costs upon 4.84.130 attorneys’ fees 4.84.080 damage actions, five thousand dollars or less 4.84.290 county, against 4.84.170 district court, from, appellants bond for costs 4.84.130 state, against 4.84.170 Counties actions against 4.84.170 eminent domain, See EMINENT DOMAIN proceedings declaring dwellings unfit 35.80.030 County board of adjustment notice of time and place 36.70.850 scope of authority 36.70.860 time limit 36.70.830 County commissioners (2008 Ed.) APPEARANCES drawbridge, width of draw determination 35.74.030 expenditures for emergencies, taxpayer’s right 36.40.150 procedure 36.32.330 Court commissioner proceedings 2.24.050 Court of appeals appeals to supreme court 2.06.030 jurisdiction decision of administrative agencies 2.06.030 limitation 2.06.030 Courts of limited jurisdiction 3.02.020 Criminal accused persons, right of appeal Const. Art. 1 § 22 bail pending appeal 10.73.040 court of appeals, jurisdiction 2.06.030 criminally insane, right of either party 10.77.230 district courts, from costs, payment of 10.10.060 default in prosecuting 10.10.060 failure to appear, conviction, sentencing 10.10.060 jail time pending appeal, credit for 9.95.062 sentence commences when convicted person returned to custody 9.95.060 sentences 9.94A.585 stay of execution judgment, conditions of release 9.95.064 stay of execution of judgment, when prohibited 9.95.062 subversive activities, discharge from employment 9.81.090 Cross-appeals unnecessary, appeal of verdict reduction or increase as alternative to new trial 4.76.030 Department of transportation ruling regarding aeronautics 47.68.320 Discrimination, unfair practices involving real property 49.60.225 District court, from costs 4.84.130 District courts 10.10.010 District courts, from criminal proceedings costs, payment of 10.10.060 default in prosecuting 10.10.060 failure to appear, conviction, sentencing 10.10.060 District judges, from small claims action Ch. 12.36 traffic infractions Ch. 12.36 Elections, See ELECTIONS, subtitle Appeals Eminent domain by state damages 8.04.130, 8.04.150 Exceptions when to be taken 4.80.020 Fees, supreme court, courts of appeal fee schedule 2.32.070 Forcible entry and detainer actions 59.12.180 Foreign judgments, enforcement of, uniform act 6.36.045 Habeas corpus federal questions raised by pleadings 7.36.140 Harmless error disregarded 4.36.240 Highways advertising control, action of department 47.42.060 Indigent party, fees and costs to be paid by state 4.88.330 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Appeals Initiative and referendum, See INITIATIVE AND REFERENDUM, subtitle Appeals Injunction, court of appeals jurisdiction 2.06.040 Insurance orders of commissioner, See INSURANCE, subtitle Appeals rating organizations 48.19.290 Joint operating agencies 43.52.360, 43.52.430 Judgments execution docket entry of appeal 4.64.080 (2008 Ed.) Justices of the peace, from civil actions justice and inferior courts act of 1961, pending appeals not affected 3.74.900 Justices of the peace, from, See also JUSTICES OF THE PEACE, subtitle Appeals from Juvenile offenders 13.40.230 Licenses generally 43.24.120 Local improvements 35.44.200, 35.44.210, 35.44.220, 35.44.230, 35.44.240, 35.44.250, 35.44.260 Lost or destroyed records, time extended on filing of application for replacement of court records lost or destroyed 5.48.050 Mandamus court of appeals, jurisdiction 2.06.030 Motor vehicle law, under serial number, altered, removed, etc., seized or impounded vehicles 46.12.330 suspension, revocation or cancellation of certificate of license, registration of certificate of ownership or license 46.12.240 Municipal courts 35.20.250 Municipal local improvements 35.44.260 superior court 35.44.200, 35.44.250 Pollution control hearings board, See POLLUTION CONTROL HEARINGS BOARD Probate court, appeals to superior court Const. Art. 27 § 10 Prohibition, writ of, court of appeals jurisdiction 2.06.040 Public utilities, See PUBLIC UTILITIES, subtitle Appeals to supreme court or court of appeals Quo warranto court of appeals, jurisdiction 2.06.030 Railroad crossing findings and orders 81.53.170 Records of court lost or destroyed, time extended on filing application for replacement 5.48.050 Referees decision reviewed in same manner as court decision 4.48.120 Refusal of highway contract proposal form, from 47.28.070 Reversal, eviction of judicial sale purchaser on reversal of judgment 6.21.130 Review sentences 9.94A.585 verdict reduction or increase as alternative to new trial 4.76.030 Rights of accused in criminal cases Const. Art. 1 § 22 Savings and loan associations, actions and decisions of director of financial institutions 33.04.060 Schools and school districts eminent domain, See EMINENT DOMAIN employees, dismissal, appeal, alternate procedure 28A.405.380 Small claims, restrictions and setting aside judgments 12.40.120 State actions against 4.92.030 eminent domain, See EMINENT DOMAIN State civil service suspension, dismissal, or demotion of employee 41.06.170 State employees’ retirement system 41.40.078, 41.40.082 State patrol identification and criminal history section application for information upon refusal 43.43.705 purge or modification of personal records 43.43.730 State patrol officers from disciplinary actions 43.43.100 Superior court final judgments 7.16.350 Superior courts appellate jurisdiction 2.08.020, Const. Art. 4 § 6 county commissioners, from 36.32.330 Supreme court or court of appeals appellate jurisdiction 2.04.010, Const. Art. 4 § 4 fee schedule 2.32.070 state employees’ retirement system 41.40.082 Taxation property taxes, See TAXES - PROPERTY Time extended for proceeding to replace lost or destroyed records 5.48.050 Traffic infractions 46.63.090 Trust companies removal or prohibiting participation of officer or employee 30.04.470 Unemployment compensation mailing appeal or petition, when deemed filed and received 50.32.025 Verdict reduction or increase as alternative to new trial 4.76.030 Victims of crime 7.68.110 APPEARANCE OF FAIRNESS DOCTRINE Application advisory proceedings 42.36.070 campaign contributions 42.36.050 decision-maker 42.36.020 time limitation 42.36.080 declaration of candidacy 42.36.040 legislative action 42.36.030 limitations 42.36.010 quorum implications 42.36.090 time limitation 42.36.080 Campaign contributions 42.36.050 Candidates 42.36.040 Ex parte communications prohibited, exceptions quasi-judicial proceedings 42.36.060 Hearings right a fair hearing not impaired 42.36.110 Judicial restriction, elimination of doctrine allowed expansion disallowed 42.36.100 Legislative action doctrine does not invalidate 42.36.030 Quasi-judicial proceedings advisory proceedings 42.36.070 ex parte communications prohibited, exceptions 42.36.060 Quorum aspects 42.36.090 Statute of limitations application of doctrine 42.36.080 APPEARANCES Accused in criminal cases Const. Art. 1 § 22 Actions against state, attorney general 4.92.030 Arraignment, See ARRAIGNMENT Assessment of damages without answer, after appearance 4.28.290 Attachment defendant for examination as to his property 6.25.170 Attorneys appearance without authority, procedure 2.44.020, 2.48.220 Debtors ne exeat, bail bond 7.44.030 Deemed general appearance, when 4.28.210 Default on defendant’s nonappearance, district court civil action 12.20.020 Disbarment for appearing without authority 2.48.220 Dismissal on plaintiff’s nonappearance 4.56.120 district court civil action 12.20.010 District judges hour allowed for 12.04.160 time for 12.04.160 Forcible entry and detainer actions 59.12.060 General, deemed as, when 4.28.210 Homestead alienation where incompetent or disabled spouse or domestic partner prosecuting attorney to appear 6.13.210, 6.13.220 [RCW Index—page 27] APPELLATE COURTS Injunctions, contempt for disobedience, bond for 7.40.170 Mandamus proceedings 7.16.190 Ne exeat, bail bond 7.44.030 New trial, defendant where discovery of grounds after verdict, report, or decision 4.76.080 Nonappearance of defendant, effect 4.28.210, 12.20.010 plaintiff, nonsuit 4.56.120 Nonsuit on plaintiff’s nonappearance 4.56.120 Nuisances, voluntary abatement of prostitution, assignation or lewdness 7.48.110 Orders of court, application for constitutes appearance 4.28.210 Partition proceedings, judgment creditors, notice on sale of property to require 7.52.180 Pleadings, answer constitutes 4.28.210 Quo warranto proceedings, defendants 7.56.050 Right to by one not served personally 4.28.200 Special, how made 4.28.210 Supplemental proceedings bond to assure 6.32.010 contempt 6.32.180 corporations 6.32.190 excused, when 6.32.190 third parties 6.32.030 Unauthorized, by attorney, procedure 2.44.020 What constitutes 4.28.210 APPELLATE COURTS (See SUPERIOR COURTS; SUPREME COURT) APPELLATE REVIEW (See APPEALS) APPLE ADVERTISING COMMISSION Trade promotion and development expenditures 15.04.200 APPLE COMMISSION Assessments amount, procedure to eliminate 15.24.100 collection 15.24.110 decrease or increase 15.24.090 disposition 15.24.150 Bonds, financing for commission building 15.24.800, 15.24.802, 15.24.804, 15.24.806, 15.24.808, 15.24.810, 15.24.812, 15.24.814, 15.24.816, 15.24.818 Created 15.24.020 Definitions 15.24.010 Districts 15.24.010 Enforcement of laws 15.24.180 Funding staff support 15.24.215 Liability of members, employees, state 15.24.190 Meetings 15.24.030 Members appointment 15.24.033, 15.24.035 district representation 15.24.030 nomination to advisory ballot 15.24.040 qualifications 15.24.020 removal 15.24.045 terms 15.24.030 vacancies 15.24.050 Plans, programs, and projects 15.24.065 Powers and duties 15.24.070 Printing contract conditions 15.24.086 not restricted by public printer law 15.24.085 Promotional activities 15.24.160 Prosecutions 15.24.210 Purpose 15.24.015 Quorum 15.24.050 Records as evidence 15.24.060 Records of dealers, handlers, processors inspection 15.24.140 requirements 15.24.120 Research, advertising, and educational campaign 15.24.080 Returns under oath 15.24.130 Rule-making proceedings 15.24.073 Rules and regulations filing and publication 15.24.170 Travel expenses and compensation 15.24.050 Treasurer, duties 15.24.150 Violations and penalties 15.24.200 [RCW Index—page 28] APPLES (See FRUITS; HORTICULTURE) APPLIANCES Consumer leases, See CONSUMER LEASES Energy efficiency standards Ch. 19.260 Obscuring identity of a machine 9A.56.180 Public utility districts repair service 54.16.380, 54.16.385 Service contracts Ch. 48.110 APPOINTMENTS (See also POWERS OF APPOINTMENT) Appraiser 6.13.130 Executors and administrators, See EXECUTORS AND ADMINISTRATORS To fill appointive office vacancy Const. Art. 3 § 13 Governor, See GOVERNOR, subtitle Appointing power Guardians, See GUARDIAN AND WARD Logging liens, receiver appointment 60.24.130 Partition proceedings, partition of property, appointment of referees 7.52.080 Regents of state institutions Const. Art. 13 § 1 State facilities through city or town, board of review 47.52.150 State otologist 70.50.010 Supreme court clerk Const. Art. 4 § 22 Supreme court reporter Const. Art. 4 § 18 Trustees in ejectment and quieting title action for absent or nonresident defendant 7.28.010 To United States office, vacates seat in legislature Const. Art. 2 § 14 Vacancies in appointive offices, by governor Const. Art. 3 § 13 APPORTIONMENT Legislature legislative districts Ch. 44.07D legislators, when and how regulated Const. Art. 2 § 3 representatives, among counties of the state Const. Art. 22 § 2 senators, among counties of the state Const. Art. 22 § 1 Public funds, See PUBLIC FUNDS School fund, by special legislation, prohibited Const. Art. 2 § 28 State funds, See PUBLIC FUNDS Washington state redistricting act Ch. 44.05 APPRAISERS AND APPRAISALS Absentee’s estates 11.80.020 Buildings, newly constructed, county assessor 36.21.070, 36.21.080 County assessor continuing education requirements for persons assessing real property 36.21.015 employment and classification plans for appraisers 36.21.011 qualifications and examination of persons assessing real property 36.21.015 Debtor’s personal exemptions 6.15.060 Diking and drainage improvement districts, maintenance, special benefits, appraisal of factors considered 85.16.090 generally 85.16.080 report and schedule 85.16.090 separate appraisals for diking and drainage benefits 85.16.110 Eminent domain proceedings order for production and exchange of conclusions 8.25.120 Exemptions from execution appraisal, procedure if appraised value exceeds exemption 6.15.070 Exemptions from execution, fees of appraiser 6.15.060 Fish marketing associations, appraisal of expelled members’ property 24.36.290 Homesteads application for appraisal 6.13.130 appointment of appraiser 6.13.130 appraiser, oath, duties 6.13.140 compensation of appraiser 6.13.190 division of 6.13.150 qualifications of appraiser 6.13.130 Hospital districts 70.44.300 Insurance company investments 48.13.140 Mutual savings banks, appraisal of real property required 32.12.050 Personal exemptions of debtors 6.15.060 Port district leases 42.23.030 Probate partnership interests of decedent 11.64.002 real property for sale purposes 11.56.090 Probate, See also PROBATE, subtitle Inventory and appraisement Public water systems valuation 8.25.280 Real estate cities and towns, pedestrian malls, determinations 35.71.050 professionally designated hospital districts 70.44.300 port district leases 42.23.030 Real estate, See also REAL ESTATE APPRAISERS School district property 28A.335.120 APPREHENSION (See ARREST) APPRENTICES Age requirements 49.04.910 Agreement definition of 49.04.060 public works projects employment 39.12.021 Apprenticeship council creation 49.04.010 duties 49.04.010 expenses and compensation 49.04.010 generally 49.04.010 on-the-job training agreements and projects, promotion of 49.04.080 registration and approval of apprenticeship agreements 39.12.021 transportation opportunities 49.04.141 Committees 49.04.040 Community and technical colleges associate degree pathway 28B.50.890, 49.04.150 responsibility for instruction 28B.50.880 waivers, apprentice education 28B.50.895 Discrimination 49.04.100, 49.04.110, 49.04.120, 49.04.910 Electrical construction trade 19.28.161, 19.28.171 Industrial insurance coverage 51.12.130 Limitation 49.04.070 Minimum wages, exceptions for 49.46.060 Ocularists 18.55.060 On-the-job training agreements and projects administration of federal funds 49.04.090 agreements with federal departments or agencies 49.04.090 promotion of by supervisor of apprenticeship authorized 49.04.080 Public works rate of pay where apprenticeship agreement 39.12.021 no apprenticeship agreement 39.12.021 training programs contracts, adjustment of specific projects 39.04.320 definitions 39.04.310 purpose 39.04.300 wood products, compliance with 39.35D RCW 39.04.330 Standards 49.04.050 Student opportunities building and construction related 49.04.190 centers of excellence 49.04.170 educational outreach program 49.04.180 findings 49.04.160 pilot projects 28C.04.610 Supervisor of 49.04.030 Veterans outreach effort 39.04.340 Voluntary conformity 49.04.070 (2008 Ed.) ARBITRATION AND AWARD APPRENTICESHIP COUNCIL (See APPRENTICES) APPROACHES (See COUNTY ROADS AND BRIDGES; HIGHWAYS) APPROPRIATION OF PRIVATE PROPERTY (See EMINENT DOMAIN) APPROPRIATIONS Accounting for by state treasurer 43.08.010 Advance right of way revolving fund, appropriation for deposit to 47.12.244 Attorney general to enforce proper application 43.10.030 Budget and accounting deemed maximums for purposes of 43.88.070 governor’s control over expenditures of 43.88.080 lapsing of at end of fiscal period 43.88.140 matching funds, state moneys disbursed in proportion to 43.88.150 not required as to refunds of trust fund payments 43.88.180 priority of expenditures between appropriated and nonappropriated funds 43.88.150 Capital projects transfer of excess amount to another project 43.88.145 Capitol buildings, when may be made for Const. Art. 14 § 3 Cities and towns statewide city employees’ retirement system, certification of amount needed 41.44.080 unexpended appropriations 35.32A.080 Colleges and universities needy student financial aid 28B.15.065 reductions 28B.15.066 Constitutional convention expenses Const. Art. 27 § 19 Counties budget limitations 36.40.100 lapse at end of year 36.40.200 planning agencies 36.70.290 report of auditor, monthly 36.40.210 supplemental appropriations, unanticipated funds 36.40.100 Effective date Const. Art. 2 § 41 Industrial insurance appropriation not required for payment of 43.88.180 Judges’ retirement fund, biennial appropriation to guarantee solvency of 2.12.060 Legislative audit and review committee, examination 44.28.080 Money from state treasury may be paid out by Const. Art. 8 § 4 Necessity of appropriation to authorize payment from treasury Const. Art. 8 § 4 Object of appropriation, necessity for specifying Const. Art. 8 § 4 By referencing another law in appropriation measure Const. Art. 8 § 4 Religious worship, prohibition against appropriating for Const. Art. 1 § 11 State general fund duty of legislature to appropriate from for schools 28A.150.380 Sum and object to be specified Const. Art. 8 § 4 Time for payment, limitation of Const. Art. 8 § 4 Veto, governor may veto item Const. Art. 3 § 12 APRICOTS (See FRUITS) AQUACULTURE Agriculture, department of director’s powers and duties 43.23.030, 43.23.035 Aquatic farmers, registration 77.115.040 Aquatic invasive species enforcement account, program 43.43.400 Disease inspection and control development of program 77.115.010 diagnostic field services 77.115.030 violations 77.115.010 Farm vehicles, gross weight fees 46.16.090 (2008 Ed.) Fishways, flow, and screening Ch. 77.57 Game farm license, exemption 77.12.570 Game fish mitigation Ch. 77.18 Licenses, exemptions 77.65.490 Licenses and permits for commercial fisheries, exemption 77.65.010 Market development agriculture department director’s powers and duties 43.23.030 agriculture department powers and duties 43.23.035 Marketing agriculture department designated principal state agency 15.85.030 definitions 15.85.020 private sector cultured aquatic products, identification 15.85.060 program to assist marketing and promotion 15.85.050 rules adoption 15.85.040 Private sector cultured aquatic products, identification 15.85.060 Private sector cultured aquatic products not game fish 77.08.020 Salmon release and recapture prohibited 77.12.459 Steelhead release and recapture prohibited 77.12.459 Trespass on commercial aquaculture structures definitions 9A.52.010 Trout state purchase of privately-grown Ch. 77.18 Warm water game fish purchase for mitigation of environmental damage 77.44.060, 77.44.070 AQUARIUMS Management contracts, issuance by cities 35.64.010, 35.64.020 Park and recreation service areas administration 36.68.400 Sales and use tax 82.14.400 Zoo and aquarium advisory authority 36.01.180, 36.01.190 AQUATIC LANDS (See also PUBLIC LANDS) Aquatic nuisance species committee, membership and duties 77.60.130 Aquatic plant control cities and towns, authority for local improvement 35.43.040 Archaeological resources contracts for discovery and salvage 27.53.110, 27.53.120, 27.53.130, 27.53.150 discovery and report 27.53.100 Capitol purchase and development account 43.79.455 Coastal protection fund 90.48.390, 90.48.400 Fish and wildlife department-managed lands, exchange with landowners if in public interest 43.300.070 Leased from state 90.48.386 Public lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 marine plastic debris Ch. 79.145 oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Purple loosestrife control program Ch. 17.26 Shellfish reserves on public lands, establishment 77.60.100 Spartina control program Ch. 17.26 Trespass definitions 9A.52.010 AQUATIC PLANTS Aquatic invasive species enforcement account, program 43.43.400 Ballast water management Ch. 77.120 Freshwater aquatic algae control account, program 43.21A.667 Freshwater aquatic weeds account 43.21A.650 Freshwater aquatic weeds management program 43.21A.660, 43.21A.662 Noxious weed removal rules and pamphlet 77.55.081 Public lands, aquatic oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 Spartina control program Ch. 17.26 Spartina/purple loosestrife hydraulic permit exception 77.55.051 AQUATIC REHABILITATION ZONES Findings, intent 90.88.005 Forest practices, nonapplicability 90.88.040 Hood Canal, zone one account 90.88.060 established 90.88.010 program, lead agency, local management board 90.88.020, 90.88.030 Scope of chapter 90.88.050 AQUIFER PROTECTION AREAS Creation process 36.36.020 Delinquent fees, lien 36.36.045 Dissolution process 36.36.050 Fee revenues, use of 36.36.040 Fees for withdrawal of water or sewage disposal 36.36.030 Low-income persons, reduced fees 36.36.035 ARBITRATION AND AWARD Code cities, municipal court criminal cases agreement with county to handle 35A.11.200 Criminal cases in code cities agreement with county to handle 35A.11.200 Dispute resolution centers alternative to judicial setting Ch. 7.75 Estates and trusts, dispute resolution procedures Ch. 11.96A Health care actions, arbitration of Ch. 7.70A Homesteads, See HOMESTEADS, subtitle Award in addition to homesteads Labor disputes arbitration, compensation and expenses 49.08.040 board of arbitration finality of findings 49.08.010 selection 49.08.010 chairman of the public employment relations commission, duties 49.08.010, 49.08.020 director of labor and industries, duties 49.08.050 expenses 49.08.040, 49.08.060 health care activities Ch. 49.66 procedure 49.08.020 publicity to statements of parties 49.08.050 service of process 49.08.030 Landlord and tenant 59.18.320, 59.18.330, 59.18.340, 59.18.350 relations 59.18.110 Mandatory arbitration actions subject to 7.06.020 application for request 7.06.080 arbitrators, qualification, compensation, appointment 7.06.040 attorney’s fees 7.06.060 authorization 7.06.010 costs 7.06.060 decision, award, appeal, trial, judgment 7.06.050 effective date 7.06.910 implementation, supreme court rules 7.06.030 right to trial by jury 7.06.070 severability 7.06.900 Manufactured/mobile home landlord-tenant act arbitration, any controversy may be submitted 59.20.260, 59.20.270, 59.20.280, 59.20.290 mediation any dispute may be submitted 59.20.250 [RCW Index—page 29] ARBOR DAY termination or nonrenewal of tenancy or occupancy 59.20.080 Medical malpractice burden of proof 7.70.030 New motor vehicle arbitration boards 19.118.080, 19.118.090, 19.118.095, 19.118.100, 19.118.110, 19.118.160 Public works, contract to provide for arbitration of disputes 39.12.060 Railroad crossing costs 81.53.130 Residential landlord-tenant act 59.18.110 Solid waste disposal city charges against county for impact 36.58.080 Uniform arbitration act action by majority 7.04A.130 agreement, effect of 7.04A.040 agreement, validity of 7.04A.060 appeals 7.04A.280 application of chapter, when 7.04A.030 arbitrator, appointment 7.04A.110 award 7.04A.190 change of award 7.04A.200 confirmation of award 7.04A.220 consolidation of separate proceedings 7.04A.100 court, application to 7.04A.050 definitions 7.04A.010 disclosure by arbitrator 7.04A.120 electronic signatures 7.04A.290 immunity of arbitrator 7.04A.140 initiation of arbitration 7.04A.090 judgment on award, fees and expenses 7.04A.250 jurisdiction 7.04A.260 modification or correction of award 7.04A.240 motion to compel or stay 7.04A.070 notice 7.04A.020 preaward ruling, court enforcement of 7.04A.180 process, arbitration 7.04A.150 provisional remedies 7.04A.080 remedies, fees and expenses 7.04A.210 representation by lawyer 7.04A.160 vacating award 7.04A.230 venue 7.04A.270 witnesses 7.04A.170 ARBOR DAY Designated 1.20.060 ARBORETA State arboretum designated 1.20.120 ARCHAEOLOGICAL SITES AND RESOURCES (See HISTORIC PRESERVATION, subtitle Archaeological sites and resources) ARCHAEOLOGY AND HISTORIC PRESERVATION, DEPARTMENT OF (See also HISTORIC PRESERVATION) Advisory committees, councils 43.334.070 Cemeteries and burial sites, database 27.34.415 Created 43.17.010 Definitions 43.334.010 Departmental divisions 43.334.040 Deputy and assistant directors 43.334.050 Director appointment 43.334.020 delegation 43.334.060 powers and duties 43.334.030 Federal and state cooperation 43.334.080 Office, powers transferred 43.334.900 Physical anthropologist, state 43.334.075 Skeletal human remains account 43.334.077 ARCHITECTS Application of chapter 18.08.410 Architects’ license account 18.08.240 Board of registration disciplinary authority 18.08.460 membership, terms, and compensation 18.08.330 powers and duties 18.08.340, 18.08.440 [RCW Index—page 30] Contracts with public agencies Ch. 39.80 Corporation organization procedure 18.08.420 Definitions 18.08.320 Emergency worker exemption from liability applies to architect serving as volunteer emergency worker 38.52.1951 Examinations application requirements 18.08.350 procedure 18.08.360 Grandfather process for prior registrants 18.08.390 Professional service corporations Ch. 18.100 Registration certificates issuance 18.08.370 practice without unlawful 18.08.310 qualifications 18.08.350 reciprocity 18.08.400 reinstatement or replacement 18.08.380 renewal 18.08.430 suspension, revocation, or refusal to issue 18.08.440 suspension for noncompliance with support order 18.08.480 suspension for nonpayment or default on educational loan or scholarship 18.08.470 violations and penalties 18.08.460 withdrawal and reinstatement 18.08.430 Seal 18.08.370 Suits arising on design, planning, architectural services 4.16.300 limitation on 4.16.310, 4.16.325 Uniform regulation of business and professions act 18.08.490 Violations and penalties 18.08.460 ARCHIVES (See RECORDS AND DOCUMENTS; SECRETARY OF STATE) ARMED FORCES (See MILITIA AND MILITARY AFFAIRS) ARMORED VEHICLE GUARDS (See SECURITY GUARDS) ARMORIES (See also MILITIA AND MILITARY AFFAIRS, subtitle Armories) Cities and towns, acquisition of sites for 36.64.050, 38.20.020 Counties, acquisition of sites for 36.64.050, 38.20.030 Rental of 38.20.010, 38.20.040 Use of 38.20.010 ARMS (See also FIREARMS) Private armed bodies prohibited Const. Art. 1 § 24 Right of people to bear arms Const. Art. 1 § 24 employment of armed men by private persons, restriction Const. Art. 1 § 24 Safekeeping of public arms to be provided Const. Art. 10 § 4 Scruples against bearing arms, excuse from militia duty, peacetime, payment for Const. Art. 10 § 6 ARMY (See MILITIA AND MILITARY AFFAIRS) ARRAIGNMENT Arrest and fingerprint form judge’s duties 10.98.050 Indictments, See INDICTMENTS Name entry and use of true name 10.40.050 Pleadings to 10.40.060 ARREST Absconding debtors, See ARREST, subtitle Ne exeat Alcohol violations by minors 10.31.100 Apprehension of defendant any place in state authorized 10.34.010 Arrest and fingerprint form defined 10.98.040 judge’s duties 10.98.050 state patrol sole recipient for federal transmission 10.98.070 unique number system 10.98.060 Boat operation, negligent manner, under the influence 10.31.100 Breaking and entering to make 10.31.040 Citizen’s, force, use of, when lawful 9A.16.020 Commission of crime in another state, charge or complaint, warrant of arrest 10.88.320 Debtors privileged from, exception Const. Art. 1 § 17 District courts offense committed in view of judge, verbal arrest 10.04.020 Domestic violence immunity for police officer 10.31.100 peace officer’s powers 10.99.030 restraining order violation 10.31.100 warrantless arrest, when authorized 10.31.100 Drugs dangerous drugs, cannabis, warrantless arrest for possession of, when authorized 10.31.100 Electors privileged from at elections, exceptions Const. Art. 6 § 5 Escape pursuit and retaking of any place in state authorized 10.34.020 retaking in foreign state, extradition 10.34.030 Extradition governor’s powers and duties as to 10.34.030 Extradition agents appointment of 10.34.030 False arrest insurance for law enforcement personnel cities of second class or towns 35.23.460 counties 36.16.130 Fingerprints judge’s duties 10.98.050 Firearms possession on school premises warrantless arrest, when authorized 10.31.100 Force in making 10.31.050 use of, when lawful 9A.16.020 Fresh pursuit, uniform act Ch. 10.89 Fugitives out-of-state, extradition 10.34.030 pursuit and retaking of any place in state 10.34.010, 10.34.020 Gross misdemeanor warrantless arrest for, when authorized 10.31.100 Harassment, civil proceeding 10.31.100 Health care facilities, interference with warrantless arrest, when authorized 10.31.100 Homicide, by public officer, justifiable when 9A.16.040 Identification, records of arrested persons 43.43.735 Immunity from debtors, exception Const. Art. 1 § 17 legislators Const. Art. 2 § 16 militia personnel 38.32.030, Const. Art. 10 § 5 securing attendance of witness from without the state in criminal proceedings, uniform act 10.55.020 Indecent exposure warrantless arrest 10.31.100 Injunctions, contempt of court for disobedience 7.40.160 Jail booking and reporting, electronic statewide system and standards committee 36.28A.040, 36.28A.050 Juveniles escapees from detention facilities 13.40.045 Legislators privileged from Const. Art. 2 § 16 Liquor violations, arrest without warrant 66.44.010 Mental disorders, individuals with 10.31.110 Militia members exemption from civil arrest, when 38.32.030, Const. Art. 10 § 5 privilege from arrest, when Const. Art. 10 § 5 (2008 Ed.) ASSAULT Misdemeanors warrantless arrest for, when authorized 10.31.100 Motor vehicles enforcement, procedure governing nonexclusive 46.64.030 Ne exeat bail has right of 7.44.030 debtors privileged from arrest, exception Const. Art. 1 § 17 order of arrest and bail directed to sheriff 7.44.021 issuance 7.44.021 return 7.44.021 service 7.44.021 parolee, grounds issuance 7.44.021 service 7.44.021 right to bail 7.44.030 Nuisances, contempt for violation of injunction 7.48.080 Order of arrest and bail, return 7.44.021 Out-of-state witnesses testifying in this state, exemption from arrest and service of process 10.55.100 Parole violator 9.95.120 School premises, firearms possession on warrantless arrest, when authorized 10.31.100 Sentences violation of condition or requirement, penalty arrest and confinement in jail 9.94A.631 Sheriffs, duty in regard to 36.28.010 State identification number patrol to furnish to originating agency and prosecutor 10.98.080 Strip, body cavity searches alternatives, less intrusive 10.79.140 application of law 10.79.120 authorization for 10.79.080 conducting, standards for 10.79.100 damages, actions for 10.79.110 definitions 10.79.070 injunctive relief 10.79.110 legislative intent 10.79.060 medical care not precluded by procedural requirements 10.79.090 physical exams for public health purposes are not searches 10.79.160 reasonable suspicion, probable cause 10.79.130, 10.79.140 report of 10.79.080 search delayed, nonliability of government for damage 10.79.170 uncategorized searches 10.79.140 unnecessary persons prohibited at search 10.79.150 warrant for 10.79.080 warrant requirement 10.79.130 written record required 10.79.150 Supplemental proceedings authorized, when 6.32.010 service of warrant 6.32.140 vacation and modification 6.32.020 Telegraph, arrest by 10.31.060 Teletype, arrest by 10.31.060 Town marshal, pursuit and arrest of violators beyond town limits 35.27.240 Tracking of arrest charges 10.98.060 Traffic infractions officer observing infraction, presence not required 10.31.100 Trespass warrantless arrest, when authorized 10.31.100 Warrant coroner’s 36.24.100, 36.24.110, 36.24.120 service how made 10.31.030, 10.31.060 sheriff’s fee 36.18.040 showing of 10.31.030 utilities and transportation commission, arrest without warrant, when 80.04.470, 81.04.460 Without warrant (2008 Ed.) authorization 10.88.330 procedure 10.31.030 when authorized 10.31.100 ARREST OF PROCEEDINGS (See PROHIBITION, WRIT OF) ARSON (See also FIRES) Arson investigation information system 43.43.952 Defined, classifications Ch. 9A.48 Insurance cancellation of policy conditions 48.53.030 procedure 48.53.040, 48.53.050 classification of areas 48.53.020 fraud 48.53.010 Insurance fraud reporting immunity act definitions 48.50.020 evidence, release of by insurer 48.50.030 immunity from liability 48.50.070, 48.50.075 local ordinances not precluded 48.50.090 notification by insurer 48.50.040 release of information 48.50.050, 48.50.055 Limitation of actions 9A.04.080 Prosecution by state patrol chief 43.44.080, 48.48.080 Reporting requirements of insurers 48.50.030, 48.50.040 ART Art dealers accepting work of fine art on consignment, duties and contract requirements Ch. 18.110 Cities and towns authority for local improvement 35.43.040 Cultural arts, stadium and convention districts Ch. 67.38 Dealers and artists, contracts subject to chapter 18.110 RCW 62A.1-110 Public buildings acquisition procedure 43.19.455 interagency reimbursement for expenditure by visual arts program 43.17.205 purchase of works of art 43.17.210 required percentage of construction cost 43.17.200 Purchases colleges and universities 28B.10.025 school construction 28A.335.210 Salmon stamp program, purpose and procedures 77.12.850, 77.12.852, 77.12.854, 77.12.856, 77.12.858, 77.12.860 State arts commission, See STATE ARTS COMMISSION Tax exemption 82.08.031, 82.12.031 Visual arts program allocation of funds by agencies 43.17.200 director of general administration to have consultant duties 43.19.455 established 43.46.090 interagency reimbursement for expenditure 43.17.205 maintenance costs 43.19.455 purchase of works of art 43.17.210 schools 28A.335.210 state art collection 43.46.095 Works of art, acquisition for public buildings and land, declaration of policy 43.46.090 ART MUSEUMS Cities and towns acquisition and control 35.21.020 first class cities 35.22.290, 35.22.300 Nonprofit organizations grant program to fund acquisition, rehabilitation, or construction 43.63A.750 ARTESIAN WELLS (See WELLS) ARTICLES OF ASSOCIATION (See COOPERATIVE ASSOCIATIONS) ARTICLES OF INCORPORATION (See CORPORATIONS, subtitle Articles of incorporation) ARTICLES OF WAR (See MILITIA AND MILITARY AFFAIRS) ARTS COMMISSION (See STATE ARTS COMMISSION) Poet laureate 43.46.085 Port laureate 43.46.081 ASBESTOS Complaints, discrimination against employee prohibited 49.26.150 Maritime workers benefits for asbestos-related disease 51.12.102 Projects administration, asbestos account 49.26.130 certificate required 49.26.110 contractors 49.26.115 workers or supervisors 49.26.110 complaints, discrimination against employee prohibited 49.26.150 definitions 49.26.100 enforcement 49.26.140 fire cleanup, power of department to establish policy and procedure 49.26.120 inspection of construction projects, exceptions 49.26.013 inspection of construction projects, penalties 49.26.016 notice requirements 49.26.120 notice requirements, exemptions 49.26.125 qualified asbestos workers and supervisors, exceptions 49.26.120 Use enforcement 49.26.040 legislative declaration 49.26.010 products, containers 49.26.030 regulations 49.26.040 standards 49.26.020 ASIAN DEVELOPMENT BANK Mutual savings banks, investment in obligations of 32.20.217 ASIAN PACIFIC AMERICAN AFFAIRS COMMISSION Asian Pacific American heritage month 43.117.110 Definitions 43.117.020 Duties 43.117.070 Established 43.117.030 Executive director 43.117.040 Gifts, grants and endowments 43.117.100 Hearings 43.117.090 Information from other state agencies and departments 43.117.090 Meetings 43.117.040, 43.117.050 Membership and terms 43.117.040 Promotion of equal opportunity and benefits 43.117.080 Rules and regulations 43.117.050 Specialized forest products minority groups, assistance and training 76.48.200 Staff 43.117.060 ASOTIN COUNTY Boundaries, tracing of 36.04.020 Superior court judges, number of 2.08.064 ASPHALT PLANTS Cities and towns, acquisition and operation of 35.92.030 ASSAULT Action on limited to two years 4.16.100 AIDS 9A.36.011 Child, assault of a first degree 9A.36.120 second degree 9A.36.130 third degree 9A.36.140 [RCW Index—page 31] ASSAY Child abuse duty to report 9.69.100 Child sexual assault identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 information in criminal records identifying victims is confidential 10.97.130 Correctional facilities 9A.36.041, 9A.36.100 Correctional facilities, assaults by offenders, reimbursement 72.09.240 Costs and disbursements, limitation on recovery of by plaintiff 4.84.040 Custodial assault, correctional facilities 9A.36.041, 9A.36.100 First degree 9A.36.011 Fourth degree 9A.36.041 Injury to person, erroneous allegation in indictment or information as to person injured, immaterial 10.37.090 Pregnancy, unborn quick child 9A.36.021 Second degree 9A.36.021 Sexual assault of child identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 information in criminal records identifying victims is confidential 10.97.130 Sexual assault protection orders Ch. 7.90 Strangulation 9A.36.021 Third degree 9A.36.031 Witnesses child abuse, duty to report 9.69.100 ASSAY (See also MINES AND MINING) Altering, penalty 9.45.210 False assay, penalty 9.45.220 ASSEMBLIES (See also MEETINGS AND ASSEMBLIES) Right to peaceable assembly not to be abridged Const. Art. 1 § 4 ASSESSMENT DISTRICTS (See LOCAL IMPROVEMENTS AND ASSESSMENTS) ASSESSMENTS Apple commission Ch. 15.24 Banks, See BANKS AND BANKING, subtitle Levy of assessments Cities and towns, See LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Cities and towns Counties, See LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Counties Drainage systems, See DIKING AND DRAINAGE Ejectment and quieting title actions counterclaims for assessments paid 7.28.160 by defendant 7.28.170 counterclaims for permanent improvements and taxes paid 7.28.180 Fire protection districts special for local improvement districts 52.20.010 Fish marketing associations 24.36.360 Flood control districts, assessments filed with county assessor 86.09.442 Improvement districts, See also LOCAL IMPROVEMENTS AND ASSESSMENTS Incorporated towns on United States land 58.28.090 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Assessments Insurance liquidation and rehabilitation proceedings, generally 48.31.320, 48.31.330, 48.31.340, 48.31.350, 48.31.360 mutual insurers, subscribers, liability for 48.09.230 reciprocal insurers, subscribers, liability for 48.10.270 [RCW Index—page 32] Insurance companies, liquidation and rehabilitation proceedings, generally 48.31.320, 48.31.330, 48.31.340, 48.31.350, 48.31.360 Irrigation districts, See IRRIGATION DISTRICTS, subtitle Fiscal matters Legality of, appellate jurisdiction of supreme court Const. Art. 4 § 4 Local improvements, See LOCAL IMPROVEMENTS AND ASSESSMENTS Local utility districts, See LOCAL UTILITY DISTRICTS Mining claims, See MINES AND MINING, subtitle Mining claims Port districts annexed territory 53.04.100 dissolution 53.48.060 harbors 53.20.040 power of levying 53.08.010 taxes and assessments against property sold by contract 53.08.091, 53.08.092 toll facilities 53.34.160 Public utility districts collection by county treasurer 36.29.160 Real property, registered title subject to 65.12.195 Reclamation districts of one million acres or more Ch. 89.30 School directors’ association, state, for 28A.345.050 Storm water control facilities 90.03.500, 90.03.510, 90.03.520, 90.03.525 Town plats, certificate of payment 58.08.030 Unincorporated towns on United States land 58.28.300 Water-sewer districts generally 57.16.070, 57.16.100, 57.16.110 ASSETS Banks and trust companies debts, bad, writing off 30.04.130 false statements as to, penalty 30.12.090 liquidation, transfer of assets 30.44.240 pledge of, prohibited, exceptions 30.04.140 transfer or liquidation 30.44.240 Corporate, See CORPORATIONS, subtitle Assets Insurance companies alien insurers, See INSURANCE, subtitle Alien insurers bonds, valuation of 48.12.170 conservation of, See INSURANCE, subtitle Liquidation contingent liability as domestic mutuals 48.09.250 defined 48.12.010 deposits, special for alien insurers 48.05.270 distribution mutual insurers 48.09.360 reciprocals 48.10.320 false advertising 48.30.070 insurers exclusions 48.12.020 property, valuation of property held by 48.12.190 what considered 48.12.010 mutual insurers contingent liability of members 48.09.250 distribution on liquidation 48.09.360 not allowed 48.12.020 property, valuation of held by 48.12.190 purchase money mortgages, valuation of mortgages held by 48.12.200 share of members of domestic mutuals 48.09.360 subscribers of reciprocals 48.10.320 stocks, valuation of stocks held by 48.12.180 Limited partnerships, See PARTNERSHIPS Misrepresentation, penalty 9.38.010 Partnerships, See PARTNERSHIPS ASSIGNED RISKS (See INSURANCE) ASSIGNEES Actions bond in lieu of separate security for costs 4.84.220 costs taxable against 4.84.160 dismissal for failure to give security for costs 4.84.230 security for costs, judgment on 4.84.240 standing bond for numerous actions 4.84.220 Choses in action, of, suits in own name 4.08.080 Costs taxable against assignee of action 4.84.160 Judgment creditor, of, satisfaction of judgment for payment of money only 4.56.100 Judgments execution of in name of assignee 6.17.030 setoffs against 4.56.070 Liens on franchises, earnings, property of certain companies, payment priority 60.32.050 Satisfaction of judgments specific designation required 4.56.100 Small claims, cannot be filed or prosecuted by assignees in small claims department 12.40.070 ASSIGNMENT FOR BENEFIT OF CREDITORS Banks, assignment for benefit of creditors prohibited 30.44.100 False representations concerning, penalty 9.45.100 Misrepresentation by assignee 9.45.100 Requirements and procedures 7.08.010, 7.08.030 Trust companies assignment for benefit of creditors prohibited 30.44.100 power to act as assignee 30.08.150 ASSIGNMENTS Actions, costs actionable against assignee 4.84.160 Attachment, assignor liability 6.25.080 Attachment ground, when 6.25.030 Child support uniform interstate family support act Ch. 26.21A wages 26.18.070, 26.18.080, 26.18.090, 26.18.100, 26.18.110, 26.18.120, 26.18.130, 26.18.140 hearing to quash, modify, or terminate 26.18.140 Choses in action assignee of can sue in own name, when 4.08.080 defenses, counterclaims and offsets 4.08.080 Contracts judgment on setoff against plaintiff assignee 4.56.070 County property, leases 36.34.180 Execution sales, redemption 6.21.020, 6.23.020, 6.23.070, 6.23.080, 6.23.090, 6.23.100, 6.23.110 Group insurance policies, when 48.18.375 Insurance policies generally 48.18.360 group insurance 48.18.375 Judgments, of 4.56.090 acknowledgment of 4.56.090 execution in name of assignee 6.17.030 filing 4.56.090 notice of, procedure 4.56.090 by parties, execution docket entry 4.64.080 Labor and industries, department of wage collection reciprocal enforcement agreements, other states 49.48.075 Lease, unlawful detainer 59.12.030 Liens franchises, earnings and property 60.32.050 Mortgages, See MORTGAGES, subtitle Assignment Motor freight carrier permits 81.80.270 Motor vehicles, recording certificate of ownership in event of sale or transfer 46.12.101 Police pensions in first class cities as unassignable 41.20.180 (2008 Ed.) ATHLETICS AND SPORTS Probate contracts to purchase real estate by deceased vendee 11.56.210 deed held by decedent pursuant to contract to sell real estate 11.56.210 Public assistance grants 74.04.280, 74.08.210 Rents and profits appointment of receiver to protect, when 7.28.230 real property, right to assign 7.28.230 Retail installment contracts, buyer’s right against seller are not cut off by assignment 63.14.020 Shoplifting or unpaid restaurant meals, additional penalty, judgments for 4.24.230 Spousal maintenance uniform interstate family support act Ch. 26.21A wages 26.18.070, 26.18.090, 26.18.100, 26.18.110, 26.18.120, 26.18.140 hearing to quash, modify, or terminate 26.18.140 Teachers’ retirement rights unassignable, exceptions 41.32.052 Tort claims against state 4.92.120 Unlawful detainer by assignment of lease 59.12.030 Wage, assignment of requisites to validity 49.48.090 Wages child support 26.18.070, 26.18.080, 26.18.090, 26.18.110, 26.18.120, 26.18.130, 26.18.140 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 spousal maintenance 26.18.070, 26.18.090, 26.18.110, 26.18.120, 26.18.140 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 ASSOCIATIONS Agricultural, See AGRICULTURAL MARKETING Attachment of stock, procedure on execution of writ 6.17.160 Bar associations, See BAR ASSOCIATION Benevolent societies, See BENEVOLENT ORGANIZATIONS Building and loan associations, See BUILDING AND LOAN ASSOCIATIONS Cemetery, See CEMETERIES Charitable societies, See CHARITABLE ORGANIZATIONS Child care agencies, See CHILD CARE AGENCIES Cities, See CITIES, ASSOCIATION OF WASHINGTON Combinations in restraint of trade prohibited Const. Art. 12 § 22 Cooperative, See COOPERATIVE ASSOCIATIONS Corporation, association considered as Const. Art. 12 § 5 Counties, See COUNTIES, ASSOCIATION OF County officers, See COUNTY OFFICIALS, ASSOCIATION OF Credit unions, See CREDIT UNIONS Crop credit associations, See CROP CREDIT ASSOCIATIONS Development credit corporations, See DEVELOPMENT CREDIT CORPORATIONS Educational corporations, See EDUCATIONAL CORPORATIONS Elected county officers, See STATE ASSOCIATION OF COUNTY OFFICIALS Electric cooperatives, See ELECTRIC COOPERATIVES Examining bureaus, See INSURANCE, subtitle Examining bureaus (2008 Ed.) Federal national mortgage association, See FEDERAL NATIONAL MORTGAGE ASSOCIATIONS Federal savings and loan association, See FEDERAL SAVINGS AND LOAN ASSOCIATION Fish marketing, See FISH MARKETING ASSOCIATIONS Fraternal societies, See FRATERNAL SOCIETIES Granges, See GRANGES Homeowners’ associations, See HOMEOWNERS’ ASSOCIATIONS Humane societies, See HUMANE SOCIETIES Industries, See WASHINGTON INDUSTRIES, ASSOCIATION OF Insurance group life insurance, when permissible 48.24.045 Insurance, See also NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS Nonprofit, See CORPORATIONS Nonresident, service of summons on, personal service 4.28.080 Organization authorized for construction of telegraph and telephone lines Const. Art. 12 § 19 Port district association, See WASHINGTON PUBLIC PORT ASSOCIATION Quo warranto proceedings, judgments of ouster or forfeiture against 7.56.100 subject to information, when 7.56.010 Religious or apostolic, See RELIGIOUS CORPORATIONS Restraint of trade combination prohibited Const. Art. 12 § 22 Savings and loan, See SAVINGS AND LOAN ASSOCIATIONS Scientific societies, See SCIENTIFIC SOCIETIES Sheriffs and police chiefs, See SHERIFFS AND POLICE CHIEFS, ASSOCIATION OF Stock, attachment of, procedure 6.17.160 Uniform management of institutional funds act Ch. 24.44 Washington generals, See LIEUTENANT GOVERNOR Washington insurance guaranty association act Ch. 48.32 Washington life and disability insurance guaranty association Ch. 48.32A ASSUMED NAMES (See NAMES) ASTORIA-MEGLER BRIDGE (See BRIDGES, subtitle State toll bridges) ATHLETE AGENTS Uniform athlete agents act Ch. 19.225 ATHLETIC CLUBS (See HEALTH STUDIOS) ATHLETIC FIELDS Cities and towns, acquisition and control 35.21.020 ATHLETIC ORGANIZATIONS Nonprofit corporations, authorized 24.03.015 ATHLETICS AND SPORTS Athlete agents act Ch. 19.225 Baseball bonuses or extra compensation 67.04.070, 67.04.150 bribery acceptance, penalty 67.04.020 defined 67.04.040 elements of offense 67.04.030 offering, penalty 67.04.010 scope of provisions 67.04.080 venue of action 67.04.060 contracts with minors approval 67.04.100, 67.04.110, 67.04.120 definitions 67.04.090 disapproval, effect 67.04.130 negotiations with minors prohibited 67.04.140 penalty for violations 67.04.150 corrupt playing, penalty 67.04.050 umpires and officials bribery or influencing 67.04.010, 67.04.020 improper officiating 67.04.050 Billiard and pool halls licenses 67.14.050, 67.14.060 rural areas, licenses and fees 67.12.110 Bowling licenses 67.14.050, 67.14.060 liquor sales, service, consumption 66.24.455 rural areas, licenses and fees 67.12.110 Boxing, martial arts, and wrestling amateur events, nonprofit or charitable contestants, medical certification 67.08.015 exemption from department of licensing regulation 67.08.015 ambulance or paramedical unit at location required 67.08.160 complimentary tickets, limitation 67.08.050 conducting events without license, penalty 67.08.140 definitions 67.08.002 director of licensing, powers 67.08.017 events and championships, rules and regulations 67.08.080 examination of contestants, physician’s report 67.08.090 immunity of licensing director 67.08.300 inspectors, duties, fees, and expenses 67.08.060 inspectors and employees, employment authorized 67.08.007 licenses, fees 67.08.100, 67.08.105 licenses, unprofessional conduct 67.08.110 licenses for events 67.08.010, 67.08.040 penalties, general 67.08.150 physician’s attendance 67.08.090 promoters, participation in purse or sham events, penalty 67.08.110 promoters of events bond and medical insurance requirements 67.08.030 regulatory duties of department of licensing 67.08.015 reports, failure to make 67.08.130 security, promoters’ responsibilities 67.08.170 tax on gross receipts 67.08.050 telecasts, report and tax on gross receipts 67.08.055 uniform regulation of business and professions act 67.08.310 unprofessional conduct, procedures 67.08.200, 67.08.220 unprofessional conduct, prohibited acts 67.08.180 unprofessional conduct, what constitutes 67.08.240 urinalysis 67.08.090 Bungee jumping permission from public or private property owner required 67.42.090 Business and occupation tax exemption 82.04.340 Community and technical colleges coaches of intercollegiate athletics 28B.50.195, 28B.50.196 Community outdoor athletic fields advisory council and strategic plan 79A.25.800, 79A.25.820, 79A.25.830 Crimes influencing outcome of sporting event 9A.82.070 Fraud in sporting contests 67.24.010 Horse racing, See HORSE RACING; HORSE RACING COMMISSION Kickboxing Ch. 67.08 Martial arts Ch. 67.08 Professional sports ownership by city or county 35.21.695 [RCW Index—page 33] ATOMIC ENERGY Racketeering 9A.82.070 Skiing and winter sports conduct standards and responsibility Ch. 79A.45 conveyances, generally Ch. 79A.40 safe and adequate facilities Ch. 79A.40 Sporting contests, fraud in 67.24.010 Stadium and exhibition center, See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES Steroid use, See STEROIDS Trainers advisory committee 18.250.030 definitions 18.250.010 health carrier contract 18.250.100 license applicant requirements 18.250.060 application procedures, fees 18.250.080 limitations of chapter 18.250.050 required 18.250.040 practice setting 18.250.090 purpose 18.250.005 secretary’s authority 18.250.020 treatment, referral 18.250.070 ATOMIC ENERGY (See NUCLEAR ENERGY AND RADIATION) AT-RISK YOUTH (See CHILDREN, subtitle At-risk children and families) ATTACHMENT (See also LIENS) Adverse claims 6.19.030, 6.19.040, 6.19.050, 6.19.060 application of statute, common law 6.19.020 definitions 6.19.010 Affidavits amendment of 6.25.280 debt not due 6.25.040 Amendments permitted 6.25.280 Appearance, redelivery bond deemed as 6.25.190 Application of chapter to district courts 6.25.010 Assignor with interest, liability of 6.25.080 Bonds action on actual damages 6.25.100 attorneys fees 6.25.100 exemplary damages 6.25.100 amendment of 6.25.280 amount 6.25.080 contents 6.25.080 filing 6.25.080 redelivery bonds effect 6.25.190 requirements 6.25.190 required, when 6.25.080 sureties additional 6.25.090 insufficient 6.25.090 number 6.25.080 qualifications 6.25.080 unnecessary, when 6.25.080 Chapter liberally construed 6.25.280 Complaint, amendment of 6.25.280 Concealment by debtor, grounds for 6.25.030 Construction of chapter, liberally construed 6.25.280 Contracts, attachment ground, when 6.25.030 Costs 6.25.120 Custody of property or proceeds received by sheriff 6.25.230 Custody of property when action removed from justice to superior court 4.14.040 Debt not due affidavits 6.25.040 commencement time 6.25.040 grounds 6.25.040 procedure 6.25.050 Decay of property, sale of property before judgment 6.25.220 Defects, amendment of 6.25.280 Defendant becomes bankruptcy debtor, procedure 6.01.050 Discharge, motion for grounds 6.25.180 [RCW Index—page 34] notice 6.25.180 time for application 6.25.180 Discharge of writ judgment for defendant, by 6.25.270 redelivery bond, by 6.25.190 Dismissal of prohibited, when 6.25.280 District courts form of 12.04.205 service of writ 12.04.050 District judges form of 12.04.207 Evidence, compelling witness to testify 5.56.070, 5.56.080 Examination of defendant as to his property 6.25.170 Execution of writ compensation of officers 6.25.110 costs 6.25.120 expenses allowed officers 6.25.110 personal property, procedure 6.17.160 property may be followed to adjoining county 6.25.150 property within county 6.25.110 real property, procedure 6.17.160 return of 6.25.160 sheriff’s duties, selection of property 6.25.110 stocks, procedure 6.17.160 Executions, sale on, how levied 6.17.130 Executors and administrators actions against, attachment allowed 11.48.200 money in hands of 6.27.050 Exemptions absconding debtor 6.15.050 individual retirement accounts, transfer of spouse’s interest at death 6.15.020 insurance proceeds from exempt property exempt 6.15.030 nonresidents 6.15.050 pensions 6.15.020 exceptions 6.15.020 police pensions in first class cities 41.20.180 public assistance grants 74.04.280 public assistance payments 74.08.210 spouse and minor heirs, exempt from debts of husband 6.15.040 state employees’ retirement benefits, exceptions 41.40.052 teachers’ retirement system rights, exceptions 41.32.052 waiver 6.15.050 Foreign corporations 6.25.030, 6.25.080 Fraudulent conveyances, attachments and executions, removal, secreting or assigning property to avoid 9.45.080 Garnishment contempt of court for failure to deliver effects to sheriff 6.27.280 Grounds, debt not due 6.25.040 for writ 6.25.030 Habeas corpus, attachment for refusal to make return 7.36.090 Homesteads exempt, when 6.13.070 Injunctions, contempt for disobedience 7.40.150, 7.40.160, 7.40.170 Inn keepers’ liens, priority 60.64.010 Inventory of sheriff 6.25.160 Issuance of writ 6.25.030 debt not due 6.25.040 different counties, to 6.25.120 several may be issued 6.25.120 Judgment for defendant, procedure 6.25.270 Judgment to compel conveyance enforced by 6.28.080 Justice courts bond amount 6.25.080 Legal holidays, hearing applications and issuance of writ 2.28.100 Levy, manner of 6.25.140 Lis pendens in actions affecting title to real property 4.28.320 Malicious assignor liability for 6.25.080 bond liability 6.25.080, 6.25.100 exemplary damages 6.25.100 Money in hands of executors and administrators 6.27.050 judgment debtor 6.27.050 sheriff, constable, or peace officers 6.27.050 Motion to discharge grounds 6.25.180 notice 6.25.180 time for application 6.25.180 Notice of sale of property before judgment 6.25.220 Nuisances, contempt for violation of injunction 7.48.080 Oppressive assignor liability for 6.25.080 bond liable for 6.25.080 Perishable property, sale before judgment 6.25.220 Personal property, procedure for executing writ 6.17.160 Personal representative, actions against, attachment 11.48.200 Probate, judgment against personal representative, attachment as remedy 11.48.200 Property, execution on attached property insufficient property 6.25.250 procedure 6.25.240 unsatisfied 6.25.260 Property and money received by sheriff custody 6.25.230 purpose held for 6.25.230 Quashing of prohibited, when 6.25.280 Quo warranto proceedings attachment to enforce delivery of books and papers 7.56.080 collection of costs from corporation by attachment 7.56.110 Real property bond unnecessary, when 6.25.080 Redelivery bond of defendant effect 6.25.190 requirements 6.25.190 Registered land 65.12.400 Release of writ prohibited, when 6.25.280 Removal, secreting, or assigning property to avoid 9.45.080 receiving property 9.45.090 Restitution, security insufficient 6.25.090 Restitution by bond 6.25.190 Sale of property before judgment 6.25.220 Sale on execution of judgment 6.17.130 Satisfaction of judgment insufficient property 6.25.250 proceeds from sales 6.25.240 sale of property 6.25.240 unsatisfied execution 6.25.260 Security bonds, See also ATTACHMENT, subtitle Bonds Service of writs sheriff’s fee 36.18.040 Sheriffs inventory 6.25.160 return of writ inventory included in 6.25.160 State employees’ retirement rights, exemption from, exceptions 41.40.052 Stock, procedure for executing writ 6.17.160 Sureties additional 6.25.090 affidavit of 6.25.080 insufficient 6.25.090 number 6.25.080 qualifications 6.25.080 Surplus of attached property abandonment 6.25.120 costs 6.25.120 Teachers’ retirement system rights, exemption from, exceptions 41.32.052 Time for granting 6.25.020 debt not due 6.25.040 Trial, debt not due 6.25.050 (2008 Ed.) ATTORNEY GENERAL Vacation of, security insufficient 6.25.090 Waste, sale of property before judgment 6.25.220 Witnesses to compel testimony 5.56.070 compelling attendance 5.56.080 district court civil action 12.16.030 Writ of amendment of 6.25.280 application for, affidavit 6.25.060 contents 6.25.110 gambling tax collections 9.46.350 issuance 6.25.070 notice 6.25.070 Wrongful assignor liability for 6.25.080 attorney fees 6.25.100 bond liability 6.25.100 bond liable for 6.25.080 damages 6.25.100 ATTAINDER Bills of, prohibited Const. Art. 1 § 23 ATTESTATION (See also OATHS AND AFFIRMATIONS) Commissions secretary of state for Const. Art. 3 § 15 Court records and proceedings for admission in evidence 5.44.010 Foreign will 11.20.090 ATTORNEY GENERAL Actions against state duties, counsel for state 4.92.030 governor may direct attorney general to appear for 43.06.010 service of summons and complaint on 4.92.020 Actions against state officers and employees, See ATTORNEY GENERAL, subtitle State officers Advertising, action against false, untrue, or deceptive advertising 9.04.060 Agricultural processing and marketing associations, monopolistic practices, hearing procedure 24.34.020 Antitrust revolving fund, expenditures authorized 43.10.220 Appearances for state 43.10.030 Appropriated funds, enforcement of proper application 43.10.030 Assistants authority 43.10.060 compensation fixed by attorney general, limitation 43.10.070 employment of 43.10.060 Attorneys authority 43.10.060 compensation fixed by attorney general, limitation 43.10.070 employment of 43.10.065, 43.10.067, 43.10.070 Bond issues housing authorities, certification by 35.82.160 irrigation districts, certification by 87.25.030 Bonds appeal and surety in judicial actions, execution by 43.10.050 mobile home or travel trailer manufacturers’ surety bond approved by 46.70.075 vehicle dealers’ surety bond approval 46.70.070 Bonds of attorney general, official 43.10.010, 43.10.020 Boundary review board, legal counsel for 36.93.070 Bugging, eavesdropping, court order permitting 9.73.040 Charitable solicitations cease and desist orders, attorney general may issue 19.09.277 investigations, powers 19.09.410 investigations and publication of information 19.09.400 records availability 19.09.420 (2008 Ed.) unfair practices, procedures 19.09.340 Charitable trusts investigations related to, authorized 11.110.100 notification of legal proceedings regarding 11.110.120 orders of attorney general related to procedure to secure compliance 11.110.120 trustees to appear before when ordered to so do 11.110.110 powers and duties related to are in addition to other powers 11.110.120 production of books, papers and records pursuant to orders of attorney general 11.110.100 trusts not exclusively for charitable purposes access to information 11.110.075 violations, may bring civil action for 11.110.130 Child support duties, See PUBLIC ASSISTANCE, subtitle Support of dependent children Colleges and universities, legal advisor 28B.10.510 Commercial ferry penalties, recovery action by attorney general 81.84.050 Common carriers, action to collect treble damages for rebates, discounts, refunds, etc., duties concerning 81.28.220 Consumer protection, duties Ch. 19.86 Contractor registration infractions 18.27.300 Contracts and instruments for state, drafting of 43.10.030 Corporations governor may require attorney general to inquire into affairs of 43.06.010 involuntary dissolution proceedings nonprofit corporations 24.03.255 Corruption in office, removable by legislature Const. Art. 4 § 9 County legislative authority, special attorneys, employment, contract duration 36.32.200 Criminal cases, appellate review prosecuting attorney may request assistance 43.10.250 prosecuting attorneys may turn cases over 43.10.250 Criminal investigations and prosecutions 43.10.090 Criminal profiteering cases assistance to local law enforcement agencies 43.10.260 Criminal prosecution and investigation, concurrent authority with prosecuting attorneys, costs 43.10.232 Debt adjusters, consumer protection duties of attorney general Ch. 18.28 Declaratory judgments 7.24.110 Defense of criminal charges against state employees 10.01.150 Delinquencies in revenue collection prosecution of 43.09.050, 43.10.035 Deputies and assistants, private practice of law prohibited 43.10.120 Drug asset forfeiture cases assistance to local law enforcement agencies 43.10.260 Duties Const. Art. 3 § 21 Election of Const. Art. 3 § 1 Elevators, lifting devices, and moving walks injunction for operation without permit brought by 70.87.140 powers for enforcement of regulations 70.87.036 Eminent domain by state duties Ch. 8.04 Eminent domain proceedings for acquisition of toll bridge property, attorney general to represent transportation department 47.56.110 Employees authority 43.10.060 compensation fixed by attorney general, limitation 43.10.070 employment of 43.10.060 Employment security records, unauthorized release, enforcement Ch. 50.13 Energy facilities, site location, counsel for the environment 80.50.080 Ethics additional investigative authority 42.52.530 attorney general actions 42.52.490 complaint against attorney general, state auditor to conduct investigation 42.52.450 recission of state action 42.52.510 Experts and technicians, employment of 43.10.080 Extradition proceedings, duties concerning 10.88.230 Filings, with, charitable trusts, related to, generally Ch. 11.110 Fiscal responsibilities of state officers and employees malfeasance, misfeasance, or nonfeasance by officer or employee, duties 43.88.310 Flammable fabrics, children’s sleepwear, actions to prevent violations 70.110.050 Foster parents to provide defense 4.92.060, 4.92.070 Fraternal benefit societies, dissolution, duties concerning 48.36A.320 Going out of business sales, duties Ch. 19.178 Good faith reports by citizens to government agencies intervention and defense of citizen against suit 4.24.520 Governor advice to 43.10.030 may require attorney general to aid any prosecuting attorney 43.06.010 Grand jury, criminal investigation, duties 10.27.070 Hazardous waste cleanup enforcement actions 70.105D.050 settlement authority 70.105D.040 Health, department of prosecution of violations, duty to assist 43.70.100 Health care reform managed competition anti-trust immunity 43.72.310 duties 43.72.310 Highway eminent domain for toll facilities, duties 47.56.110 Highway lands transfer to United States, certification by 47.12.080 Homicide investigative tracking system supervision management and recidivist tracking system (SMART) 43.10.095, 43.10.097 Hospital regulation, legal representation 70.41.160 Hospitals sale or acquisition of nonprofit hospitals, duties Ch. 70.45 Impeachment Const. Art. 5 § 2 Installment sales of goods and services, action by attorney general to prevent violations 63.14.190 Insurance code, representation of commissioner 48.02.080 Intercepting private conversations, bugging, court order to 9.73.040 Irrigation districts, certification of bonds, legality of 87.25.030 Juvenile court, duties 13.04.093 Juvenile court orders of support, enforcement by 13.34.161 Law enforcement medal of honor Ch. 41.72 Legal services direct payment of agencies for services, when required 43.10.190 Legal services revolving fund agencies to pay into 43.10.160 [RCW Index—page 35] ATTORNEYS AT LAW allocation of costs to funds and agencies 43.10.180 allotments from 43.10.160 created 43.10.150 deposits of recovered costs 43.10.200 direct payment by agencies for legal services 43.10.190 disbursement from 43.10.170 purpose 43.10.150 rate increases, calculation changes, subject to approval 43.88.350 records 43.10.180 transfers of funds to 43.10.160 Legislature advice to members 43.10.030 counsel, legislature may retain own 43.10.045 opinions for members and committees 43.10.030 Malfeasance or nonfeasance in public office, duties 43.09.330 Militia and military affairs officers and enlisted persons, attorney general to defend actions against 38.40.010 Motor freight carriers violations, attorney general to assign assistant to enforce compliance 81.80.330 Motor vehicle unfair business practices act, enforcement 46.70.220 Natural resources department counsel 78.52.035 Nonprofit corporations, distribution of assets, approval required 24.03.230 Notice, nonprofit corporations, distribution of assets, required 24.03.230 Oath of office 43.01.020, 43.10.010 Office hours regulation does not apply to 42.04.060 Official bond 43.10.010, 43.10.020 Opinions, published in state register 34.08.020 Organized crime advisory board annual report to 43.10.240 Personal service contracts audits and investigative findings 39.29.130 Powers and duties generally 43.10.030, 43.10.110 related to charitable trusts addition to other powers and duties 11.110.120 generally Ch. 11.110 Private practice of law deputies and assistants, prohibited 43.10.120 exceptions, permissible 43.10.130 prohibited 43.10.115 special assistants, permitted 43.10.125 Private vocational schools, duties concerning 28C.10.140, 28C.10.190 Prosecuting attorneys advice and assistance to 43.10.030 concurrent prosecution authority, court determination in conflict 43.10.234 criminal laws, failure to enforce, powers and duties of attorney general 43.10.090 investigation and prosecution of crimes, concurrent authority, costs 43.10.232 Prosecutorial powers, deemed to be a prosecuting attorney 10.01.190 Public disclosure, enforcement of chapter 42.17.400 Public disclosure commission, duties 42.17.380 Public meetings, notices of, contained in state register 34.08.020 Puget Sound ferry system, attorney general’s powers and duties relating to Ch. 47.60 Qualifications 43.10.010 Records, keeping of 43.10.030, Const. Art. 3 § 24 Records committee, member of 40.14.050 Removal from office, grounds Const. Art. 4 § 9 Reports annual report to organized crime advisory board 43.10.240 Salary, amount of 43.03.010, Const. Art. 28 § 1 Sales, going out of business sales, duties Ch. 19.178 [RCW Index—page 36] Special assistant attorneys general, private practice of law, permitted 43.10.125 State department of social and health services, representation, hospital regulation 70.41.160 State employees defends actions against 43.10.030 State lottery investigations authorized 67.70.300 State officers advice to 43.10.030 defends actions against 4.92.070, 43.10.030 opinions as to duties of 43.10.030 prosecution of actions for 43.10.030 represents before administrative tribunals 43.10.040 Succession to office of governor Const. Art. 3 § 10 Supervision management and recidivist tracking system (SMART) 43.10.095, 43.10.097 Support enforcement uniform interstate family support act Ch. 26.21A Support of dependent children agreements between attorney general and prosecuting attorneys to initiate petition for support under uniform act 74.20.210 divorce or separate maintenance actions, appearance by attorney general 74.20.220 establishment, enforcement, and modification of support orders, authority 74.20.220 intercounty proceedings, attorney general may represent petitioner 74.20.210 petition for order upon spouse to provide support, attorney general may apply for, when 74.20.230 representation of financial interest and actions of state, authority 74.20.220 Term of office 43.01.010, Const. Art. 3 § 3 Timeshares 64.36.220 Tort claims against state, authority to settle, compromise and stipulate for judgment 4.92.150 Transfer of highway lands to United States, municipal subdivision or public utility, attorney general to adjudge if in public interest and certify 47.12.080 Transportation, department of tort claims against department, report 43.10.101 Unemployment compensation, representation of department 50.12.150 Utilities and transportation commission compliance with law by persons or corporations regulated, duty to enforce 80.01.100, 80.04.510 duty to represent 80.01.100, 80.04.510 Vehicle dealers’ licenses, attorney general to approve application 46.70.070 Vehicle unfair business practices act, enforcement 46.70.220 Violence reduction conflict resolution and mediation program 28A.300.280 Vital statistics, duty to enforce laws of 70.58.050 Volunteers of the state attorney general to provide defense 4.92.060, 4.92.070 defined 4.92.005 Wiretaps court order to obtain 9.73.040 illegal drug transactions violations investigation and prosecution 9.73.240 ATTORNEYS AT LAW Accused in criminal case entitled to counsel Const. Art. 1 § 22 Admission to practice bar membership requisite 2.48.170 board of governors’ powers 2.48.060 fees 2.48.150 oath 2.48.210 out of state bar members 2.48.170 qualifications, generally 2.48.190 support order noncompliance 2.48.166 veterans disability discharge, effect 2.48.100 fees 2.48.110 proof of requirements after discharge 2.48.090 before discharge 2.48.080 requirements 2.48.070 Appearance without authority effect 2.44.020, 2.48.220 Authority 2.44.010 proof of, may be required 2.44.030 Banks or trust companies soliciting or furnishing legal services, penalty 30.04.260 Bar association, See ATTORNEYS AT LAW, subtitle Washington state bar association Barratry, defined, penalty 9.12.010 Certificate for admission to practice, fee 2.32.070 Change of court order, by 2.44.040 judge’s order to 2.44.040 notice to adverse party 2.44.050 payment of fee upon 2.44.040 request of attorney 2.44.040 request of party 2.44.040 Clerk of supreme or superior court, practice of law prohibited 2.32.090 Code of ethics, American bar association code of ethics adopted 2.48.230 Compensation agreement, left to 4.84.010 fees, See ATTORNEYS AT LAW, subtitle Fees Contempt of court refusing to deliver client’s money or papers 60.40.020 Coroners, prohibition from practice of law 36.24.170 Corporations shareholders exclusively attorneys corporation may be personal representative 11.36.010 Costs prevailing party authorized to recover 4.84.010 Counsel right to accused in criminal cases Const. Art. 1 § 22 County auditor, prohibition from practicing law 36.22.110 County legislative authority, employment of attorneys by 36.32.200 Criminal cases right to counsel Const. Art. 1 § 22 Death or removal of, proceedings 2.44.060 Delivery of money or papers, court order 60.40.020 Disbarment of barratry grounds 9.12.010 board of governors’ power 2.48.060 grounds of 2.48.220 opposing attorney 2.44.060 during proceedings 2.44.060 student loan nonpayment or default 2.48.165 Discipline of board of governors’ power 2.48.060 Dispute resolution centers alternative to judicial setting Ch. 7.75 District court commissioner, qualification 3.42.010 District court judge may act as, when 2.28.040 Employment by state, restrictions 43.10.067 Fees air space corridor, award on abandonment or defeat of condemnation proceedings 8.25.073 appeals 4.84.130 attachment 6.25.100 bar association 2.48.130, 2.48.140, 2.48.150, 2.48.160 cases wherein allowed, court to fix amount 4.84.020 (2008 Ed.) ATTORNEYS AT LAW chattel liens 60.08.050 condominiums violations of chapter, declaration, or bylaws award of fees 64.34.455 contract or leases providing for award of fees 4.84.330 costs, as, damage actions, five thousand dollars or less 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 costs, as, damage actions, seven thousand five hundred dollars or less 4.84.250 damaged or stolen livestock, actions for exemplary damages 4.24.320 declaratory judgment of bond issue validity 7.25.020 dissenting shareholders’ action for payment, equitable assessment 23B.13.310 district court prevailing party entitled to 12.20.060 eminent domain proceedings award to condemnee 8.25.070 award to condemnee or plaintiff 8.25.075 fixing amount by court 4.84.020 foreclosure of mortgages, amount fixed by court 4.84.020 garnishment taxing of 6.27.230 guardianship, payment for services 11.92.180 hazardous waste disposal violations 70.105.097 installment sales of goods and services, collection of attorney’s fee prohibited unless contract provides 63.14.090 interest on unpaid public contracts 39.76.040 juvenile court costs financial responsibility 13.40.145 legal aid 2.50.110 liens for 60.40.010, 60.40.030 logging lien action 60.24.180 malicious prosecution claims by public officials 4.24.350 mandatory arbitration 7.06.060 Manufactured/mobile home landlord-tenant actions, entitlement 59.20.100 medical malpractice suits 7.70.070 moral nuisance, injunction, abatement proceedings, allowance of 7.48.076 negotiable instruments cases wherein allowed, court to fix amount 4.84.020 contract provision for allowance, court to fix amount, limitation 4.84.020 nonintervention estates, personal representative removed or restricted 11.68.070 offender’s liability for legal financial obligations Ch. 72.11 orchards and orchard land liens 60.16.030 partition proceedings 7.52.480 payment of fee on discharge of attorney 2.44.040 plaintiff to recover costs, exception where wrongly brought in superior court 4.84.030 plaintiff to recover when debtor fails to appear 6.32.010 prevailing party entitled to, district court 12.20.060 prevailing party in frivolous action or defense, award to 4.84.185 probate 11.48.210 contestant of incorrect account to be entitled to 11.76.070 disallowed to attorney for bank or trust company which drew will 11.36.010 public works contracts 39.08.030 radioactive waste storage 70.99.050 real property, action for waste 64.12.020 schedule of fees 4.84.080 sexual exploitation of children, minor prevailing in civil action 9.68A.130 solar easements, interference with 64.04.170 supreme court appeals by indigent party 4.88.330 (2008 Ed.) theatrical enterprises wage action prevailing party, fees and costs 49.38.050 tort actions 4.24.005 wages, actions to recover 49.48.060 Washington state bar association admission fees 2.48.150 membership 2.48.130, 2.48.140 suspension for nonpayment 2.48.160 will contests 11.24.050 wiretap litigation 9.73.060 Fees, See also LIENS, subtitle Attorneys Garnishment, See GARNISHMENT, subtitle Attorneys at law Grand jury, criminal investigations, witnesses entitled to 10.27.080 Insurance, reciprocal insurers bond of 48.10.140 actions on 48.10.160 deposit in lieu 48.10.150 contributions by, repayment 48.10.190 defined 48.10.080 misconduct of in general 48.30.120 Interpreters at legal proceedings appointment Ch. 2.42 Irrigation districts delinquent collections 87.03.445 Judgments, execution of exempt property 6.15.010 Judicial officers, as disqualification of judge if attorney for party 2.28.030 Jurors, challenge of, attorney-client relationship as grounds for implied bias 4.44.180 Juvenile court costs financial responsibility 13.40.145 Juveniles dependent children custody proceedings 13.34.090, 13.34.100 shelter care hearings 13.34.092 Legal aid, See LEGAL AID Liability for appearance without authority 2.44.020 Liens client giving security 60.40.030 conditional court order 60.40.030 creation 60.40.010 filing of notice 60.40.010 judgments 60.40.010 procedure when claimed 60.40.030 Material witnesses, right to attorney, appointment for indigent 10.52.040 Money of client lien creation 60.40.010 order to compel delivery 60.40.020 Note of issue to name 4.44.020 Oath on admission to practice 2.48.210 Out-of-state attorney practice in state 2.48.170 practice of law without admission 2.48.190 Papers of client lien creation 60.40.010 order to compel delivery 60.40.020 Parole violators, right to representation, indigency 9.95.122 Parties, See PARTIES, subtitle Attorneys Partition proceedings fees as costs 7.52.480 service of notice to on sale of property 7.52.200 Partnerships, clerk of supreme or superior court cannot be law partner 2.32.090 Payment of fee upon change of 2.44.040 Personal representative 11.48.210 duties as attorney entitles to additional fees as 11.48.210 Plea agreements court approval or disapproval 9.94A.431 criminal history, submission to court 9.94A.441 discussions, contents of agreement 9.94A.421 Practice of law qualifications for 2.48.190 restrictions on certain officers 2.48.200 Privileged communications of clients 5.60.060 Probate, agent for service of process for nonresident personal representative 11.36.010 Probate fees 11.48.210 contestant of incorrect account to be entitled to 11.76.070 disallowed to if attorney for bank or trust company drawing will 11.36.010 nonintervention estates, personal representative removed or restricted 11.68.070 trust company or national bank shall not receive the benefit either directly or indirectly of an attorney’s fee 11.36.010 Professional conduct, board of governors’ power 2.48.060 Professional service corporations Ch. 18.100 Prosecuting attorney private law practice restricted, when 36.27.060 qualifications 36.27.010 Public assistance recipient, tort action by 43.20B.070 Referees, qualifications 4.48.040 Registrars of titles, practice of law 65.12.065 Registration of land titles, filing actions affecting 65.12.530 Reinstatement board of governors’ powers 2.48.060 Removal, procedure upon 2.44.060 Service of process, nonresident personal representative in probate, agent for 11.36.010 Settlement offers time period 4.84.280 Sheriffs, private practice of law prohibited 36.28.110 Small claims, prohibition on representation by attorney 12.40.080 Small claims, self-representation without 2.48.190 Suspension board of governors’ powers 2.48.060 grounds of 2.48.220 student loan nonpayment or default 2.48.165 support order noncompliance 2.48.166 Theatrical enterprises wages cash deposit or bond required action against attorney’s fees for prevailing party 49.38.050 Tort action by recipient of public assistance 43.20B.070 Traffic infractions right to counsel 46.63.080 Trust companies, power to act as attorney in fact for corporations 30.08.150 Unlawful practice, penalty 2.48.180 Washington state bar association active members only may practice 2.48.170 board of governors compensation 2.48.040 creation of 2.48.030 functions 2.48.040 membership 2.48.030 effect of new congressional districts or boundaries 2.48.035 out-of-state bar members, practice in state, regulation of 2.48.170 penalty for nonpayment of fees 2.48.160 powers admission to practice 2.48.060 disbarment 2.48.060 discipline 2.48.060 generally 2.48.050 increase of membership fees 2.48.130 reinstatement 2.48.060 suspensions 2.48.060 rule making powers 2.48.050 terms of office 2.48.030 vacancies 2.48.030 [RCW Index—page 37] AUBURN GENERAL DEPOT creation of 2.48.010 fees active members 2.48.130 admission 2.48.150 disposition of 2.48.150 inactive members 2.48.140 nonpayment of reinstatement 2.48.160 suspension 2.48.160 membership in 2.48.020 veterans disability discharge, effect 2.48.100 fees 2.48.110 proof of requirements after discharge 2.48.090 before discharge 2.48.080 requirements 2.48.070 power, generally 2.48.010 president, board of governors member 2.48.030 rules funds 2.48.050 meetings 2.48.050 membership in 2.48.050 officers 2.48.050 organizational subdivisions 2.48.050 seal 2.48.010 suspension, grounds of 2.48.220 unlawful practice of law, penalty 2.48.180 Witness fees disallowed to 2.40.040 Witnesses grand jury, criminal investigation, entitled to 10.27.080 material witnesses, appointment to represent, right to 10.52.040 AUBURN GENERAL DEPOT Cession of jurisdiction to United States 37.08.260 Civil and criminal jurisdiction of state preserved 37.08.260 AUCTIONS AND AUCTIONEERS Administrative fines, imposition and collection 18.11.205 Advertising, name and license number required 18.11.210 Auctioneers and auction companies certificates of registration display and availability 18.11.150 requirements 18.11.085, 18.11.095 suspension for nonpayment or default on educational loan or scholarship 18.11.270 clients’ rights 18.11.220 compensation of nonlicensed person unlawful, penalties 18.11.180 licenses cities and towns 35.21.690 denial, suspension, or revocation 18.11.180 renewal 18.11.060 renewal card display and availability 18.11.150 required, exceptions 18.11.070 suspension, disciplinary action 18.11.160 suspension for nonpayment or default on educational loan or scholarship 18.11.270 nonlicensed persons, compensation by licensees unlawful 18.11.180, 18.11.190 nonresident license, reciprocity 18.11.100 records, retention requirements 18.11.140 surety bond required 18.11.121 taxation by cities and towns 35.21.690 trust accounts for client funds 18.11.230 unauthorized practices, penalties 18.11.170 written contract, with owner or consignor required 18.11.130 Bidding requirements and prohibited practices 18.11.240 Consumer protection act, application 18.11.260 County licensing requirements 36.71.070, 36.71.080 Definitions 18.11.050 Fees 18.11.060 Fraud concerning, penalty 9.45.070 [RCW Index—page 38] Judicial sales, by 6.21.050 Licenses cities and towns 35.21.690 counties 36.71.070, 36.71.080 Licensing department duties 18.11.060 Military post or grounds, prohibition of auctions, disobedience of order 38.32.120 Mock auctions fraud concerning, penalty 9.45.070 Motor vehicles wholesale vehicle auction dealers 46.70.330, 46.79.130, 46.80.200 Municipal governments authorized to purchase at auctions, conditions 39.30.045 Partition proceedings, sale of property by 7.52.270 Probate, sale of estate real property at auction 11.56.060 Professional service corporations Ch. 18.100 Public auctions judicial sales, by 6.21.050 unclaimed property police in possession 63.32.010, 63.32.020 sheriff in possession 63.40.010 Real estate auctions 18.11.250 Rule-making authority of licensing director 18.11.200 Sales and use tax exemption 82.08.0257 Sales by auction, procedures 62A.2-328 Sales under execution conducted by 6.21.050 Second-hand property retention requirements, exemptions 18.11.075 Taxation by cities and towns 35.21.690 Unclaimed property police in possession 63.32.010 sheriff in possession 63.40.010 Uniform commercial code, sales by 62A.2-328 Uniform regulation of business and professions act 18.11.280 AUDIOLOGISTS (See HEARING AND SPEECH SERVICES) AUDITOR, LEGISLATIVE (See LEGISLATIVE AUDIT AND REVIEW COMMITTEE) AUDITOR, STATE (See STATE AUDITOR) AUDITORIUMS (See also STADIUM, CONVENTION CENTER, AND ARTS FACILITIES) Cities and towns acquisition and control 35.21.020 local improvement, authority for 35.43.040 First class cities acquisition and use 35.22.290 leasing of land for 35.22.300 Performing arts facilities, Olympia, Tacoma 43.31.956, 43.31.960, 43.31.962, 43.31.964 AUDITS Cities and towns, See STATE AUDITOR Coroner’s account, county commissioners 36.24.180 Counties, See STATE AUDITOR Districts, See STATE AUDITOR, subtitle Municipal corporations accounting Energy, state facilities definitions 43.19.670 implementation plan 43.19.680 lease terms 43.19.685 requirement, completion dates 43.19.675 Fraud by public officer 42.20.060 Irrigation districts, contract with United States 87.68.100 Military claims and compensation 38.24.010, 38.24.020 Motor vehicle fund, audit of county road engineer, expenses paid from 36.80.080 Motor vehicle violation citations, of 46.64.010 Municipal corporations, See STATE AUDITOR, subtitle Municipal corporations accounting Performance, See STATE AUDITOR Public officer making fraudulent audit, penalty 42.20.060 Schools and school districts first and second class districts, county auditor duties 28A.350.030 State, See STATE FISCAL MATTERS, subtitle Audits State international trade fairs, post audit of participating fairs, reports 43.31.840 State printing plant revolving fund 43.78.070 AUTO TRANSPORTATION COMPANIES (See MOTOR VEHICLES, subtitle Motor vehicle transporters; TRANSPORTATION COMPANIES) AUTO WRECKERS Actions against, limitation on recovery 46.80.070 Definitions 46.80.010 Established place of business enclosed 46.80.130 keeping vehicles or parts in other than unlawful 46.80.130 Exempted from motor vehicle carrier laws, when 81.80.040 Inspection of records and premises 46.80.150 Junkyards adjacent to highways abatement 47.41.070 acquisition of property by department 47.41.040 definitions 47.41.020 legislative declaration 47.41.010 other laws not affected 47.41.060 prohibited, exceptions 47.41.030 public nuisances abatement 47.41.070 nonconforming 47.41.010 regulations 47.41.050 review 47.41.050 screening 47.41.040 United States secretary of transportation, agreements with 47.41.080 violations, penalty 47.41.070 License application 46.80.030 bond refusal, suspension or revocation 46.80.100 bond requirements 46.80.070 expiration, renewal, fee 46.80.050 false or unqualified application 46.80.121 fees 46.80.040, 46.80.050 plates required, fees 46.80.060 refusal, suspension or revocation 46.80.110 required, penalty 46.80.020 Municipal compliance 46.80.160 Ownership, evidence 46.80.090 Record-keeping requirements, inspection and penalty for noncompliance 46.80.080 Records to be kept by inspection of, certificate of inspection 46.80.150 Reporting requirements 46.80.090 Rules and regulations 46.80.140 Violations cease and desist orders 46.80.180 civil and criminal penalties 46.80.110 fines 46.80.180 penalties 46.80.170 subpoenas 46.80.190 Wall specifications 46.80.130 AUTOMATED TELLER MACHINES (See BANKS AND BANKING, subtitle Automated teller machines) AUTOMOBILE PARKING ELEVATORS (See ELEVATORS, ESCALATORS AND DUMBWAITERS) AUTOMOBILES (See MOTOR VEHICLES) AUTOMOTIVE REPAIR Definitions 46.71.011 Estimates authorization to exceed 46.71.025 contents 46.71.015 failure to comply with requirements 46.71.035 (2008 Ed.) BAIL BONDS written estimate required, alternatives 46.71.025 written estimates and invoices kept for one year 46.71.060 Invoices, contents 46.71.015 Legislative recognition 46.71.005 Liens barred for facility’s failure to comply with requirements 46.71.041 Motor vehicles statutes, notice of to registered vehicle owner 46.71.080 Recordkeeping requirements 46.71.015, 46.71.060 Replaced parts, disposition 46.71.021 Signs, form, contents, and posting requirements 46.71.031 Statutes, notice of to repair facilities 46.71.090 Unfair practices, consumer protection act violation 46.71.070 Unlawful acts or practices 46.71.045 Warranty, copy of express warranty made available 46.71.051 AUTOPSIES AND POST MORTEMS (See HUMAN REMAINS, subtitle Autopsies and post mortems) AVENUES (See STREETS AND ALLEYS) AVIATION (See AERONAUTICS) AWARD (See ARBITRATION AND AWARD) AWARD FOR EXCELLENCE IN EDUCATION PROGRAM (See EXCELLENCE IN EDUCATION) AWARD IN LIEU OF HOMESTEAD (See PROBATE, subtitle Family allowances) AWARDS County employees safety award programs 36.32.460 Environmental excellence awards program for products 43.21A.520 Gift of life award Ch. 1.50 Governor’s award for excellence in teaching history 27.34.350 Medal of merit Ch. 1.40 Medal of merit, See MEDAL OF MERIT Medal of valor Ch. 1.60 Solid waste, hazardous waste, governor’s award of excellence 70.95.040 Warren Featherstone Reid award for excellence in health care 43.70.045, 43.70.047 Waste reduction and recycling awards program development and implementation in public schools 70.95C.120 BACKGROUND CHECKS (See STATE PATROL) BAD DEBTS (See DEBTS AND DEBTORS) BAGGAGE Bicycles declared to be baggage on commercial ferries 81.28.260 Common carriers limitation of liability by contract or agreement 81.29.020 maximum amounts recoverable 81.29.050 Hotel guests, liability for loss or injury 19.48.030, 19.48.070 BAIL AND RECOGNIZANCE (See also BAIL BONDS) Action on not barred for defect or failure to record default 10.19.120 Allowable on sufficient sureties Const. Art. 1 § 20 Appeal bonds in criminal cases 10.73.040 Approval of bail 10.19.040 Arrest without warrant in possession, bail procedure 10.31.030 Bail bond agents Ch. 18.185 Capital offenses, exception Const. Art. 1 § 20 Certification and filing 10.19.060 Criminal procedure (2008 Ed.) action on not barred for defect or failure to record default 10.19.120 appeal bond 10.73.040 extradition proceedings, fugitive from another state 10.88.350 fines and costs, recognizance with sureties to pay stays execution for 10.82.020 forfeiture action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 habeas corpus orders of commitment, from 7.36.150 writ may be used for admission to 7.36.160 offenses bailable Const. Art. 1 § 20 preliminary hearings witnesses 10.16.145, 10.16.160 minors 10.16.150 witnesses 10.16.145, 10.16.160 appearance in court 10.52.040 material witnesses, fees, food and lodging 10.52.040 minors 10.16.150 District courts cash bail 10.04.040 Excessive not to be required Const. Art. 1 § 14 Extradition proceedings, fugitive from another state 10.88.350 Fines and costs, furnishing recognizance with sureties to stay execution against defendant 10.82.020 Forfeiture action by prosecuting attorney required 10.19.110 financial responsibility law, bail forfeiture grounds for requiring proof 46.29.280 judgment against principal and sureties, execution 10.19.090, 10.19.105 motor vehicle traffic violations, for, records kept 46.52.100 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 victim of crime penalty assessment 7.68.035 Habeas corpus orders of commitment, from 7.36.150 writ may be used for admission to 7.36.160 Hazardous materials, transportation of 46.48.175 Justice and inferior courts act of 1961, posting and forfeiture procedure 3.30.090 Justification of recognizance 10.19.040 Juveniles release from detention 13.40.040 Keep the peace 10.64.070 Murder Const. Art. 1 § 20 Ne exeat 7.44.030 order of arrest and bail directed to sheriff 7.44.021 issuance 7.44.021 return 7.44.021 service 7.44.021 Nonresident traffic violators to post 46.64.015, 46.64.035 Offenses bailable Const. Art. 1 § 20 Sureties liability 10.19.150 return of bond 10.19.140 surrender of person under bond 10.19.160 Taking and entering 10.19.065 Traffic violations bail under justice and inferior courts act of 1961 3.30.090 Witnesses 10.16.145, 10.16.160 appearance in court compromise of misdemeanors 10.52.040 material, fees, food, and lodging 10.52.040 minors 10.16.150 BAIL BONDS (See also BAIL AND RECOGNIZANCE) Agencies advertising, required use of license number 18.185.050 bond requirements 18.185.070 branch office management 18.185.220, 18.185.230 collateral or security agency as fiduciary 18.185.100 disposition 18.185.100 contracts 18.185.270 definitions 18.185.010 discharge of firearm, notice 18.185.090 licenses applications 18.185.040 branch offices 18.185.230 certificates, issuance and display 18.185.050 requirements 18.185.030 local government regulation and taxation 18.185.080 recordkeeping requirements 18.185.100 status, notice concerning changes 18.185.090 uniform regulation of business and professions act 18.185.240 unprofessional conduct 18.185.110 Agents administrative procedure act, application 18.185.200 advertising, required use of license number 18.185.050 bond requirements 18.185.070 collateral or security agent as fiduciary 18.185.100 disposition 18.185.100 complaints immunity of complainant 18.185.130 investigation 18.185.130 statement of charges 18.185.140 unlicensed activity 18.185.170 consumer protection act, application 18.185.210 contracts 18.185.270 definitions 18.185.010 director’s powers 18.185.120 discharge of firearm, notice 18.185.090 licenses applications 18.185.040 continuing education 18.185.060 license cards, issuance and use 18.185.050 prelicensing training and testing 18.185.060 requirements 18.185.020 suspension for noncompliance with support order 18.185.057 suspension for nonpayment or default on educational loan or scholarship 18.185.055 local government regulation and taxation 18.185.080 recordkeeping requirements 18.185.100 recovery agents continuing education 18.185.260 generally 18.185.280 license requirements 18.185.250 out-of-state 18.185.290 planned forced entry 18.185.300 training and testing 18.185.260 status, notice concerning changes 18.185.090 uniform regulation of business and professions act 18.185.240 unprofessional conduct 18.185.110 Forfeiture action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 Ne exeat 7.44.030 Sureties liability 10.19.150 return of bond 10.19.140 [RCW Index—page 39] BAILIFFS surrender of person under bond 10.19.160 Violent offenders release without bail, statement of reasons 10.19.170 BAILIFFS Courts of record appointment 2.32.330 number 2.32.330 Municipal courts, appointment 35.20.230 Superior courts, compensation amount 2.32.360 payment of 2.32.370 BAILMENT Seed bailment contracts Ch. 15.48 BAILOR AND BAILEE Seed bailment contracts Ch. 15.48 Unclaimed property, duty in regard to Ch. 63.24 BALD EAGLES Habitat buffer zones 77.12.655 Protection and essential habitat 77.12.650 BALLOT TITLES Initiative and referendum, See INITIATIVE AND REFERENDUM, subtitle Ballot titles BALLOTS (See also ELECTIONS) Absentee voting Ch. 29A.40 Ballots and other voting forms Ch. 29A.36 Initiative measures, ballot submitting Const. Art. 2§1 Mail ballots Ch. 29A.48 Port district formation 53.04.020 BANKHEAD-JONES FARM TENANT ACT Investment by state investment board in loans secured by 43.33A.080 BANKRUPTCY (See also ASSIGNMENT FOR BENEFIT OF CREDITORS) Attachment or execution defendant becomes bankruptcy debtor, procedure 6.01.050 Counties, readjustment and relief from debts Ch. 39.64 Federal, state exemption, duplication prohibited 6.13.080 Industrial insurance, lien for payments due 51.16.160, 51.16.170 Labor claims, priority 49.56.040 Motor vehicle dealers or manufacturers, notice of proceedings required 46.70.183 Personal property exemption federal, state duplication prohibited 6.15.050 Police pensions in first class cities as exempt from operation of 41.20.180 Priorities, labor claims 49.56.040 State employees’ retirement benefits, exemption from 41.40.052 Taxing district relief act Ch. 39.64 Teachers’ retirement system rights, exemption from 41.32.052 BANKS AND BANKING Accounts admission of records as evidence, certificate of authenticity 30.22.245, 30.22.250 definitions 30.22.041 disclosure of information, procedures 30.22.240 law enforcement requests for information, procedures 30.22.240 regulations 30.20.060 Acquisition or control application for 30.04.405 change of officers, notification of director of financial institutions 30.04.410 definitions 30.04.400 disapproval by director of financial institutions 30.04.410 notice of 30.04.405 penalty for violations 30.04.405 Acting in place of designated trustee, liability 11.100.130 Administration and interpretation of title [RCW Index—page 40] director of financial institution’s powers 30.04.030 Administrative hearings, procedures, judicial review 30.04.475 Advertising legal services, furnishing of, penalty 30.04.260 use of "bank" or "trust" restricted to banks or trust companies, penalty 30.04.020 Alien banks accounts, English language requirement 30.42.200 acquisition of other financial institutions by, prohibited 30.42.050 activities and powers 30.42.155 agencies 30.42.180 advertising, regulation of 30.42.170 agencies of, powers and activities 30.42.180 application 30.42.060 approval, notice of, required 30.42.100 duties of director with respect thereto 30.42.090 reciprocity requisite of approval 30.42.090 application for bureau 30.42.210 assets, separation from total assets required 30.42.080 authorized, purposes 30.42.010 board of directors, directors prohibited from serving as directors of other financial institutions 30.42.050 bonds, required for officers and employees 30.42.190 books and accounts, English language requirement 30.42.200 books and records, separation from total books and records required 30.42.080 bureau application 30.42.210 approval, notice of, required 30.42.220 business commencement of, time limitation on 30.42.220 certificate of authority 30.42.210 filing with county recording officer 30.42.220 filing with secretary of state 30.42.220 charter filing with county recording officer 30.42.220 filing with secretary of state 30.42.220 examination of 30.42.240 fee requirement 30.42.210 number of 30.42.230 powers 30.42.230 business commencement of, time limitation on 30.42.100 transaction of, requirements for 30.42.130 capital, paid-in allocation, deposit requirements 30.42.070 requirements 30.42.060 certificate of authority filed with secretary of state 30.42.100 revocation or suspension 30.42.300 suspension or revocation 30.42.300 certificate of authority for bureau 30.42.210 change of location 30.42.310 charter filing with secretary of state 30.42.100 claims by creditors, priorities 30.42.130 commencement of bureau business, time limitation on 30.42.220 commencement of business time limitation on 30.42.100 conditions for establishment 30.42.060 creditors claims, priorities 30.42.130 crimes, violations and penalties 30.42.290 definitions, applicable 30.42.020 deposits acceptance of 30.42.115 distribution by director, when 30.42.130 requirements before accepting 30.42.120 solicitation of 30.42.115 director of financial institutions application, approval of, notice requirement 30.42.100 authority to conduct examinations and investigations 30.42.140 bureau, authority to regulate 30.42.210 bureau application, approval of, notice requirement 30.42.220 certificate of authority, suspension or revocation of 30.42.300 duties with respect to applications 30.42.090 establishment of, approval of supervisor 30.42.080 examination of bureaus 30.42.240 examinations, authority conduct 30.42.140 investigations, authority to conduct 30.42.140 rules and regulations, authority to promulgate 30.42.320 suspension or revocation of certificate of authority 30.42.300 take over by, when 30.42.130 directors, board of duties, responsibilities and restrictions, imposed 30.42.280 service on boards of directors of other financial institutions prohibited 30.42.050 distribution of deposits by director, when 30.42.130 duties, responsibilities and restrictions imposed on directors, officers and employees 30.42.280 duties of director with respect to applications 30.42.090 employees bond required 30.42.190 duties, responsibilities and restrictions, imposed 30.42.280 English language requirement for books and accounts 30.42.200 establishment of 30.42.060 authorized 30.42.010 director of financial institutions, approval of required 30.42.030 examination of bureaus by director 30.42.240 examinations and investigations of, authorized 30.42.140 fair, trade, facilities, authorized 30.42.250 fee requirement for bureau 30.42.210 fees, required 30.42.330 felonies, penalties 30.42.290 financial institutions, other acquisition prohibited 30.42.050 prohibition against members of board of directors serving in similar capacity for 30.42.050 financial reports, required 30.42.260 gifts by, regulations 30.42.170 grandfather clause 30.42.340 guarantee obligations 30.42.105 imposition of state taxes 30.42.270 investigations and examinations of, authorized 30.42.140 limitation on number of offices 30.42.040 loans by 30.42.105 subject to usury laws 30.42.150 location, change of 30.42.310 misdemeanors, penalties 30.42.290 notice of approval of application by director 30.42.100 number of bureaus 30.42.230 officers bond required 30.42.190 duties, responsibilities and restrictions, imposed 30.42.280 offices, number of, limitation on 30.42.040 ownership of real property, limitations on 30.42.160 paid-in capital, allocation, deposit requirements 30.42.070 penalties for violations of chapter 30.42.290 possession by supervisor, when 30.42.130 (2008 Ed.) BANKS AND BANKING powers and activities 30.42.155 agencies of 30.42.180 guarantee obligations 30.42.105 loans 30.42.105 powers and bureaus 30.42.230 priorities of creditors claims against 30.42.130 prohibition against acquiring interest in other financial institutions 30.42.050 property, real, limitations on ownership of 30.42.160 purposes, enumerated 30.42.010 real property, limitations on ownership by 30.42.160 limitations on ownership by 30.42.160 ownership limitations on 30.42.160 reciprocity, required before approval of application 30.42.090 regulation of advertising by 30.42.170 gifts by 30.42.170 reports, financial, required 30.42.260 requirements before accepting deposits 30.42.120 revocation of certificate of authority 30.42.300 rules governing 30.42.320 separation of assets required 30.42.080 separation of books and records required 30.42.080 suspension of certificate of authority 30.42.300 taxes, imposed 30.42.270 time limitation on commencement of bureau business 30.42.220 commencement of business 30.42.100 trade fair facilities, authorized 30.42.250 transaction of business, requirements for 30.42.130 usury laws applicable to loans made by 30.42.150 loans governed by 30.42.150 violations of chapter, penalties 30.42.290 Articles of incorporation amendment 30.08.055, 30.08.090 increase or decrease of stock 30.08.092 amendments extending time of existence 30.08.080 approval or refusal 30.08.040 fees for filing 30.08.095 filing and recording of 30.08.050 Assessments, levy of capital notes or debentures not subject to 30.36.050 enforcement sale 30.12.180 possession by director, levy of assessment order during to make good impairment of capital 30.44.020 Assets debts, bad, writing off 30.04.130 false statements as to, penalty 30.12.090 liquidation, transfer upon 30.44.210 pledge of 30.04.140 transfer on liquidation 30.44.210, 30.44.240 Assets and judgments uncollected two years 30.04.130 Assignment for benefit of creditors prohibited during possession by director 30.44.100 Automated teller machines access fee or surcharge 19.245.010 compliance with safety standards evidence of adequate measures 19.174.090 definitions 19.174.020 lighting requirements 19.174.040, 19.174.050 local government security regulation, chapter supersedes 19.174.080 off-premises electronic facilities 30.43.005 safety evaluation, procedures 19.174.030 safety precautions, customer notice 19.174.060 security, exceptions to requirements 19.174.070 (2008 Ed.) security requirements applicable to machines regulated under this title 30.04.650 Bank holding company defined 30.04.230 investments in nonpublic corporations supervisor may appraise and revalue 30.04.060 out-of-state acquisition procedures 30.04.230 authority to acquire stock 30.04.230 reorganization as subsidiary of actions of directors, committees, consent 30.04.605 authority 30.04.550 certificate of reorganization 30.04.570 dissenting shareholders rights, conditions 30.04.560 valuation of shares 30.04.565 meetings of directors, committees 30.04.610 procedure 30.04.555 public hearing 30.04.575 shareholders’ actions, consent 30.04.600 Bonds deposit claimants must give 30.20.090 fidelity, for officers and employees 30.12.030 Branch bank affiliated commercial locations 30.04.285 agency agreements, notice to director 30.04.295 approval of new based on meeting community credit needs 30.60.020 defined 30.04.010 director’s approval, conditions 30.04.285 establishment 30.04.280 Branches of foreign banks 30.04.300 Business trusts Ch. 32.34 Capital notes or debentures assessments, not subject to 30.36.050 conversion rights 30.36.020 definitions 30.36.010 impairment of capital stock 30.36.030 correction before payment or retirement 30.36.040 issuance and sale 30.36.020 liability of holders, limitations upon 30.36.050 subordinate to rights of depositors or creditors 30.36.010, 30.36.020 Capital stock amounts required to incorporate 30.08.010 authorized but unissued shares 30.08.088 preemptive rights of shareholders to acquire 30.12.220 authorized by unissued shares 30.08.087 capital notes or debentures, issuance as impairing 30.36.030 impairment of by preferred stock, determination 30.08.086 increase or decrease 30.08.092 possession by director, order to levy assessment to make good impairment of capital stock 30.44.020 purchase of own authorized 30.04.238 record of stock to be kept 30.12.020 Capital stock savings bank, conversion of mutual savings bank Ch. 32.32 Casualty insurance 30.12.030 Cease and desist orders, grounds, procedure 30.04.450 Certificate of authority 30.08.060 filing fee 30.08.095 transaction of business restricted until received 30.08.050 Certificate of forfeiture failure to commence business within six months 30.08.070 Certificate of merger 30.49.060 Charges financial institutions may charge customer for furnishing items or copies of items 30.22.230 Charitable trusts, See CHARITABLE TRUSTS Checks or drafts certified bank certifying without funds, penalty 30.16.010 bona fide holder’s rights 30.16.010 Checks or drafts, See also UNIFORM COMMERCIAL CODE, subtitle Negotiable instruments Cities and towns housing authority bonds, legal investments 35.82.220 Claims deposits, claim to must be accompanied by court order or surety bond, exception 30.20.090 possession by director creditors claims 30.44.060 depositor, presentment of claims 30.44.060 expenses of possession and winding up, first charge against assets 30.44.130 list of claims, filing 30.44.070 objection to approval of claims 30.44.080 Clearing corporation, deposit of securities with, authorized 30.04.240 Collections uniform commercial code Ch. 62A.4 Community credit needs approval of new branches or satellite based on performance 30.60.020 investigation and assessment of bank’s performance in meeting 30.60.010 rule-making authority, director of financial institutions 30.60.030 Compliance with laws required 30.04.280 Conflict of interest corporate directors or officers 30.12.115 Contributions and gifts 30.04.225 Copies financial institutions may charge customer for furnishing items or copies of items 30.22.230 Corporate powers of bank 30.08.140 Corporations articles of corporation unissued shares, preemptive right of shareholders to acquire 30.12.220 articles of incorporation amendment 30.08.090 filing and recording of 30.08.050 articles of incorporation, approval or refusal 30.08.040 assessments, levy of, enforcement sale 30.12.180 assignment for benefit of creditors prohibited 30.44.100 authority to acquire bank stock 30.04.230 bonds, fidelity, for officers and employees 30.12.030 capital stock amounts required to incorporate 30.08.010 possession by director, order to levy assessment to make good impairment of capital stock 30.44.020 preemptive right of shareholders to acquire unissued shares 30.12.220 record of stock to be kept 30.12.020 transfer record to be kept 30.12.020 casualty insurance 30.12.030 certificate of authority termination of upon liquidation and winding up 30.44.240 notification of secretary of state 30.44.240 transaction of business restricted until received 30.08.050 certificate of merger 30.49.060 claims, possession by director creditors claims 30.44.060 depositor, presentment of claim 30.44.060 expenses of possession and winding up, first charge against assets 30.44.130 list of, filing 30.44.070 objection to approval of claims 30.44.080 supplemental list of claims, filing 30.44.070 conflict of interest 30.12.115 creditors, possession by director [RCW Index—page 41] BANKS AND BANKING notice of taking possession, no lien rights after notice 30.44.040 notice to creditors 30.44.060 crimes relating to destroying or secreting records 30.12.100 falsifying books 30.12.090 loans commission or gratuity for procuring 30.12.110 trust funds, loans to officers and employees from 30.12.120 penalty, generally 30.12.190 receiving deposit while insolvent 9.24.030, 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 directors election 30.12.010 loans to 30.12.070 loans to, restrictions 30.12.060 meetings 30.12.010, 30.12.020 number required 30.12.010 oath 30.12.010 qualifications 30.12.010 quorum 30.12.010 terms of office 30.12.010 vacancies, how filled 30.12.010 dividends taking possession by director, declaration of dividends after presentment of claims 30.44.090 unclaimed upon liquidation and winding up 30.44.150 escheats personal property unclaimed after liquidation 30.44.220 unclaimed dividends 30.44.150, 30.44.180 existing under former laws 30.04.220 expiration of term, winding up 30.08.080 failure to commence business within six months 30.08.070 fees adoption by director of financial institutions 30.08.095 fidelity bonds 30.12.030 filings articles of incorporation 30.08.050 certificate of authority 30.08.060 certificate of forfeiture 30.08.070 extension of existence, amendment to articles 30.08.080 fees 30.08.095 report of resources and liabilities 30.08.180 formation capital requirements 30.08.010 incorporators, number required 30.08.010 surplus and undivided profits required 30.08.010 formation authorized 30.04.127 incorporators, number of required 30.08.010 insolvency preferences prohibited, penalty 30.44.110 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 insurance against burglary, theft, robbery required 30.12.030 levy of assessment enforcement sale 30.12.180 possession by director, order to levy assessments to correct impairment of capital 30.44.020 liquidation and winding up agent for 30.44.140 certificate of authority notification of secretary of state 30.44.240 termination of 30.44.240 director or agent, meeting to select 30.44.140 [RCW Index—page 42] dividends unclaimed, disposition, escheat to state for permanent school fund after five years 30.44.150, 30.44.180 personal property unclaimed 30.44.210 disposition of proceeds of sale 30.44.220 escheat to state for permanent school fund 30.44.220 inventory and transmission to supervisor 30.44.190 notices to owners 30.44.200, 30.44.210 private documents and papers, disposition of 30.44.230 reinventory by director 30.44.200 records, files, accounts, etc., destruction of 30.44.260 stockholders meeting for 30.44.140 voluntary dividends unclaimed, disposition, escheat to state for permanent school fund after five years 30.44.180 notices creditors, to 30.44.170 unclaimed personal property 30.44.200 transfer of assets and liabilities to another bank 30.44.240 voluntary notices, posting of 30.44.160 loans commission or benefits for obtaining prohibited, penalty 30.12.110 directors, loans to, restrictions 30.12.060 directors, to 30.12.070 employees, loans to, restrictions 30.12.060 officers adoption of rules regulating by director of financial institutions 30.12.060 loans to permitted, limitations 30.12.060 reports to director of financial institutions as to 30.12.060 suretyship or guarantee by director construed to be a loan 30.12.060 trust funds, loans to officer or employee from prohibited, penalty 30.12.120 merger, consolidation or conversion corporate entity retained by resulting bank 30.49.080 definitions 30.49.010 dissenting stockholders, right to receive cash for shares 30.49.090 name use by resulting bank 30.49.080 national banks organized from state banks 30.49.020 reorganization as state banks 30.49.070 reorganized to state banks 30.49.030 state banks organized from national or state banks 30.49.030 certificate of merger 30.49.060 effective date 30.49.060 merger agreement contents 30.49.040 notice of meeting 30.49.050 termination of charters 30.49.060 vote required 30.49.050 reorganized to national banks 30.49.020 trust powers, resulting bank unable to exercise, successors to fiduciary positions 30.49.100 valuation of assets, higher valuation by resulting bank prohibited 30.49.120 name, reorganization through merger, consolidation, or conversion, use of name by resulting bank 30.49.080 national banks securities may be held in name of nominee 30.08.170 notices possession by director contest of possession by director 30.44.030 to correct offense or delinquency 30.44.010 creditors to file claims 30.44.060 levy assessment to make good impairment of capital 30.44.020 taking of possession, rights of subsequent creditors and lienholders limited by 30.44.040 officers and employees destroying or secreting records 30.12.100 false statements as to assets or liabilities, penalty 30.12.090 falsifying book entries, penalty 30.12.090 loans commission or benefit for obtaining prohibited, penalty 30.12.110 directors 30.12.070 directors, loans to, restrictions 30.12.060 employees, loans to, restrictions 30.12.060 officers, loans permitted to, limitations, director of financial institutions to adopt rules 30.12.060 reports to director of financial institutions 30.12.060 suretyship or guarantee by director construed to be loan 30.12.060 trust funds, loans to officers and employees from, penalty 30.12.120 oaths and affirmations, power to take 30.12.130 penalty for violation, generally 30.12.190 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 removal or prohibiting participation 30.12.040 appeal from 30.04.470 surety and fidelity bonds for 30.12.030 transfers in contemplation of insolvency void, penalty 30.44.110 penalty for violations, generally 30.12.190 personal property unclaimed after liquidation and winding up 30.44.190 possession by director assignments for benefit of creditors prohibited 30.44.100 claims creditors 30.44.060 depositors, presentment 30.44.060 expenses of possession and winding up, first charge against assets 30.44.130 list of, filing 30.44.070 objection to approval of 30.44.080 supplemental list of, filing 30.44.070 contest of possession by director court decision as to 30.44.030 notice of 30.44.030 service of notice of contest 30.44.030 creditors notice of taking possession by director, no lien rights after notice 30.44.040 notice to 30.44.060 dividends, declaration after presentment of claims 30.44.090 expenses of possession and winding up, first charge against assets 30.44.130 filing list of claims 30.44.070 grounds 30.44.010 levy of assessments, order to 30.44.020 notices contest of possession by director 30.44.030 to correct offense or delinquency 30.44.010 creditors to file claims 30.44.060 levy assessment to make good impairment of capital stock 30.44.020 taking of possession, rights of subsequent creditors and lienholders limited by 30.44.040 powers and duties of director 30.44.050 receivership appointment of temporary receiver by court, when 30.44.100 prohibited, exception 30.44.100 surrender of possession and assets to director 30.44.100 reopening after 30.44.250 preferred stock (2008 Ed.) BANKS AND BANKING capital, impairment, determination 30.08.086 issuance authority 30.08.082 rights, dividends, liquidation 30.08.084 proposed articles of incorporation contents of statements 30.08.020 investigation by director of financial institutions 30.08.030 submission to director of financial institutions 30.08.020 proxy voting 30.12.010 receivership, possession by director, receivership prohibited, exception, procedure 30.44.100 reopening after possession by director 30.44.250 reports of resources and liabilities 30.08.180, 30.08.190 resources and liabilities, report 30.08.180, 30.08.190 safe deposit boxes’ contents, disposition of after liquidation and winding up 30.44.190 stock assessments, levy of, enforcement sale 30.12.180 liability, extent of Const. Art. 12 § 11 one vote per share 30.12.010 transfer record to be kept 30.12.020 stockholders records to be kept 30.12.020 right to vote 30.12.010 vote by proxy 30.12.010 surety bonds for officers and employees 30.12.030 surplus and undivided profits required upon formation 30.08.010 trust funds, loans to officers and employees from prohibited, penalty 30.12.120 use of "bank" in name of, restrictions 30.04.020 voting proxy, right to vote by 30.12.010 stockholders right 30.12.010 winding up at expiration of term 30.08.080 County clerk’s fund, deposits 36.48.080 Credit unions, See CREDIT UNIONS Creditors, possession by director notice of taking possession, no lien rights after notice 30.44.030 notice to creditors 30.44.060 Crimes relating to acquisition or control, application, notice requirements, violations of 30.04.405 advertising, use of "bank" or "trust" restricted to banks and trust companies, penalty 30.04.020 advertising legal services furnished, penalty 30.04.260 "bank" or "banking", use of word restricted to banks and trust companies, penalty 30.04.020 checks, certification without funds 30.16.010 commingling trust funds or securities prohibited 30.04.240 confidentiality of examination reports and information 30.04.075 destroying or secreting records 30.12.100 examinations, false swearing by officer or employee is perjury 30.04.060 false statements as to assets or liabilities 30.12.090 falsifying books 30.12.090 general penalty 30.12.190 insolvent bank receiving deposit 9.24.030 legal services, solicitation or furnishing of prohibited, penalty 30.04.260 loans commission or gratuity for procuring prohibited 30.12.110 trust funds, loans to officers and employees from 30.12.120 unlawful practices 30.04.510 (2008 Ed.) penalty, generally 30.12.190 preferences of creditors prohibited, penalty 30.44.110 receiving deposit while insolvent penalty 9.24.030, 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 trust business, commingling trust funds or securities prohibited, penalty 30.04.240 use of word "bank" restricted to banks and trust companies 30.04.020 violation of order of removal or prohibiting participation 30.12.047 Debentures, See BANKS AND BANKING, subtitle Capital notes or debentures Debts valuation of assets 30.04.130 writing off bad debts 30.04.130 Definitions 30.04.010 Deposit accounts false statement by applicant, penalty 9.38.015 Deposit liabilities, federal deposit insurance corporation acquisition of, judicial review, not a hindrance to 30.44.280 Deposit of securities, authorized depositories 30.04.240 Depositaries surplus and donated food commodities revolving fund 28A.235.090 Depositaries, See also DEPOSITARIES Deposits accounts, types available 30.22.050 adverse claim bond 30.22.220 adverse claim to must be accompanied by court order or surety bond, exception 30.20.090 authority to withhold payment 30.22.210 construction 30.22.030 contract of, requirements 30.22.060 controversies between owners 30.22.110 definitions 30.22.040, 30.22.041 discharge of bank upon payment 30.22.120 federally guaranteed obligations 39.60.040 governed by individual account deposit act, chapter 30.22 RCW 30.20.005 individual account deposit act Ch. 30.22 insured deposits and accounts by federal government, use of as collateral security 39.60.040 married persons 30.22.080 minors incompetents payments to 30.22.150 minors and incompetents 30.22.070 ownership after death of depositor 30.22.100 during lifetime of depositor 30.22.090 payment of funds to a depositor 30.22.140 payment to agents of depositors 30.22.170 foreign personal representative 30.22.200 heirs and creditors of deceased depositor 30.22.190 personal representatives 30.22.180 trust and P.O.D. account beneficiaries 30.22.160 postponements of payments of under bank stabilization plan 30.56.020 purposes 30.22.020 receipt required 30.20.025 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 right to rely on form of account, discharge of bank by payment 30.22.120 rights as between individuals preserved 30.22.130 savings deposits rules and regulations 30.20.060 title 30.22.010 uniform commercial code Ch. 62A.4 Development credit corporations, membership in 31.20.070 Director, defined 30.04.010 Director of financial institutions acquisition or control, disapproval 30.04.410 additional authority of banks, approval 30.04.215 administrative hearings, procedure, judicial review 30.04.475 authorized but unissued shares, issuance, approval 30.08.088 cease and desist orders, grounds, procedure 30.04.450 cooperative and reciprocal examination agreements and actions, authority to enter into 30.04.060 dividend payment, suspension of by director authorized, when 30.04.180 examinations reports and information, confidentiality, duties 30.04.075 judicial enforcement of administrative orders 30.04.475 powers under chapter 19.144 RCW 30.04.045 reorganization as subsidiary of bank holding company, duties 30.04.570 rules, duty to adopt 30.04.030 supervisory direction and conservatorship, director’s powers and duties Ch. 30.46 temporary cease or desist orders grounds 30.04.455 injunction to enforce 30.04.465 set aside 30.04.460 violations or unsafe or unsound practices of bank or trust company cease and desist order 30.04.450 judicial enforcement of administrative orders 30.04.475 temporary cease or desist orders injunction to enforce 30.04.465 set aside, limit or suspend 30.04.460 issuance 30.04.455 Directors election 30.12.010 liability for violations of law or rules, individual liability 30.12.240 loans to 30.12.070 loans to, restrictions 30.12.060 meetings 30.12.010, 30.12.020 number required 30.12.010 oath 30.12.010 qualifications 30.12.010 quorum 30.12.010 terms 30.12.010 vacancies, how filled 30.12.010 Dissipating or prejudicial actions temporary cease and desist order 30.04.455 Dividends declaration after presentment of claims when bank in possession of director 30.44.090 restriction upon declaring 30.04.180 retained earnings, payment restricted to 30.04.180 stabilization act, payment of dividends restricted 30.56.070 suspension of payment of by director of financial institutions, when 30.04.180 unclaimed after liquidation and winding up, escheat to state for permanent school fund 30.44.150, 30.44.180 when may be declared 30.04.180 Domestic savings bank, conversion to mutual savings bank Ch. 32.34 Electronic funds transfers Ch. 62A.4A off-premises electronic facilities 30.43.005 Employees, See BANKS AND BANKING, subtitle Officers and employees Engaging in banking or trust business, compliance with laws required 30.04.280 Engaging in other business activities, approval 30.04.215 [RCW Index—page 43] BANKS AND BANKING Escheats dividends unclaimed after liquidation and winding up, escheat to state for permanent school fund 30.44.150, 30.44.180 personal property unclaimed after liquidation and winding up 30.44.220 safe deposit box contents unclaimed after liquidation and winding up 30.44.190 Examinations of community credit needs approval of new branches or satellite based on performance 30.60.020 bank’s performance in meeting 30.60.010 rule-making authority, department of financial institutions 30.60.030 cooperative and reciprocal agreements and actions 30.04.060 cost 30.04.070 failure to submit to, grounds for possession by director 30.44.010 false swearing is perjury 30.04.060 federal reserve examinations, acceptance of 30.04.060 formation, director of financial institutions to examine 30.08.030 information acquired from bank holding companies confidentiality 30.04.075 information acquired from other regulatory authorities confidentiality 30.04.075 investments in nonpublic corporations appraise and revalue 30.04.060 oath, examination of officers or employees under 30.04.060 once every eighteen months 30.04.060 reports and information 30.04.075 confidentiality, disclosure 30.04.075 disclosure 30.04.075 not subject to public disclosure law 30.04.075 penalty for violating confidentiality 30.04.075 rules for 30.04.030 Executors and administrators bond not required when acting as 11.32.020 disqualified to act as when will drawn by 11.36.010 probate fees disallowed to banks or bank attorneys 11.36.010 Expiration of term, winding up 30.08.080 Failure to commence business within six months 30.08.070 Fairness in lending act definitions 30.04.505 permitted underwriting practices 30.04.515 short title 30.04.500 unlawful practices 30.04.510 Federal deposit insurance corporation investments in stock of authorized 30.32.010 receiver, appointment as 30.44.270 powers and duties 30.44.270 Federal home loan banks borrowing from authorized 30.32.020 depositary for bank funds, may designate as 30.32.040 investments in stock of authorized 30.32.020 Federal intermediate credit banks investment in stock or participation certificates of, authorized 30.04.375 Federal land banks investment in stock or other evidences of participation of, authorized 30.04.375 Federal reserve banks, investments in stock of authorized 30.32.010 Federal reserve funds sales certain, not loans, obligations, liabilities 30.04.112 defined 30.04.112 Federal reserve system investments in authorized 30.32.010 membership in authorized 30.32.010 [RCW Index—page 44] Federal savings bank, conversion to domestic savings bank Ch. 32.34 Fees schedule 30.08.095 Filings articles of incorporation 30.08.050 certificate of authority 30.08.060 certificate of forfeiture 30.08.070 extension of existence, amendment to articles 30.08.080 fees 30.08.095 list of claims during possession by director 30.44.070 report of resources and liabilities 30.08.180 Financial institution defined for purposes of public depositary law 35.38.060 Financial services regulation fund 43.320.110 Foreign bank defined 30.04.010 Foreign corporations branch banks capital and surplus, falsifying prohibited, civil penalty 30.04.300 establishment under former laws 30.04.300 Foreign or international banking institutions banks may invest in capital stock and surplus of 30.04.380 banks may invest in stock or ownership of 30.04.390 Forfeiture failure to commence business within six months 30.08.070 Formation capital requirements 30.08.010 incorporators, number required 30.08.010 investigation by director of financial institutions 30.08.030 surplus and undivided profits required 30.08.010 Fraud, insolvent bank receiving deposit 9.24.030 Funds transfers uniform commercial code Ch. 62A.4A Guardian, as authority to act as 11.36.010 Hearings, refusal of executed articles of incorporation 30.08.040 Holding companies interstate banking 30.04.232 Holding corporations, restriction on out of state banks 30.04.230 Identity theft to improperly access financial information Ch. 9.35 Immunity of shareholders of bank insured by FDIC 30.12.230 Incapacitated persons access to and control over assets to be provided to guardian 11.92.096 Incentive bonus contracts 30.12.205 Incorporators, number of 30.08.010 Industrial loan companies, See INDUSTRIAL LOAN COMPANIES Injunctions to enforce temporary cease and desist order 30.04.465 set aside temporary cease or desist orders 30.04.460 Insolvency preferences prohibited, penalty 30.44.110 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 Insolvent bank receiving deposit, penalty 9.24.030, 30.44.120 Inspections, See BANKS AND BANKING, subtitle Examination of Insurance against burglary, theft, robbery required 30.12.030 life, use of trust funds authorized 11.100.120 Insurance agents banks may not act as 30.04.127 Insurance premium finance company act, application to 48.56.030 International bank for reconstruction and development, mutual savings banks may invest in obligations of 32.20.210 International or foreign banking institutions banks may invest in capital stock and surplus of 30.04.380 banks may invest in stock or ownership of 30.04.390 Interstate banking out-of-state holding company authority 30.04.232 Interstate banks application of Washington laws to practices and operation 30.38.080 authorization, approval 30.38.010 definitions 30.38.005 examination and reporting requirements for out-of-state banks 30.38.040 merger, consolidation or conversion, effect 30.49.125 out-of-state bank with branches in Washington 30.38.030 out-of-state bank with host branches, relocation and approval 30.38.020 out-of-state bank without branch in this state 30.38.015 out-of-state state bank, notice requirements 30.38.070 rule-making authority of director 30.38.060 violations and enforcement 30.38.050 Investment in common trust funds accounting 11.102.020 "affiliated" defined 11.102.010 application of chapter 11.102.030 authorized, exception 11.102.010 construction of chapter 11.102.040 uniform act Ch. 11.102 Investment of trust funds application of chapter 11.100.050 authorized investment Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 commercial accounts, when 11.100.037 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060 governed by this chapter 11.100.010 instrument authorized investment, defined 11.100.070 deviation upon court permission 11.100.040 legal investment, defined 11.100.070 investment trust of company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060 life insurance, purchase authorized 11.100.120 marital deduction interests 11.100.025 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts collateral security requirements 11.100.030, 11.100.037 federally insured accounts 11.100.030, 11.100.037 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 Investments capital stock and surplus of banks or corporations engaged in international or foreign banking, authorized 30.04.380 community credit needs (2008 Ed.) BANKS AND BANKING rule-making authority, director of financial institutions 30.60.030 community renewal obligations 35.81.110 continuing authority for investments 30.04.395 corporate capital stock 30.04.125 corporations 30.04.127 federal deposit corporation, authorized 30.32.010 federal home loan banks, authorized 30.32.020 federal intermediate credit banks, stock or participation certificates 30.04.375 federal land banks, stock or other evidences of participation 30.04.375 federal reserve banks, authorized 30.32.010 federal reserve system, authorized 30.32.010 limitations on other business activities 30.04.215 metropolitan municipal corporation obligations 35.58.510 multilateral development bank 30.04.129 production credit associations, stock or participation certificates 30.04.375 public and trust funds 39.60.050 qualified community investments 30.04.214 real property and improvements 30.04.212 United States corporation bonds, authorized investment 39.60.010 Items financial institutions may charge customer for furnishing items or copies of items 30.22.230 Judgments held by banks, when cease to be asset 30.04.130 Judicial enforcement of administrative orders 30.04.475 Legal services, solicitation or furnishing of prohibited, penalty 30.04.260 Letters of credit Ch. 62A.5 Levy of assessments enforcement sale 30.12.180 possession by director, order to levy assessments to make good impairment of capital 30.44.020 Liabilities extent of Const. Art. 12 § 11 false statements as to prohibited, penalty 30.12.090 holders of capital notes or debentures limited 30.36.050 officers for deposits Const. Art. 12 § 12 Liability when acting in place of designated trustee 11.100.130 Licenses master license system exemption 19.02.800 Life insurance, use of trust funds authorized 11.100.120 Limited liability companies conversion to 30.08.025 Liquidation and winding up agent appointment of 30.44.140 bond 30.44.140 distribution of assets by 30.44.140 successor to 30.44.140 transfer of assets to 30.44.140 certificate of authority notification of secretary of state 30.44.240 termination of 30.44.240 director or agent, meeting to select for 30.44.140 dividends unclaimed, disposition, escheat to state for permanent school fund after five years 30.44.150, 30.44.180 personal property unclaimed disposition of proceeds of sale 30.44.220 escheat to state for permanent school fund 30.44.220 inventory and transmission to supervisor 30.44.190 notices to owners 30.44.200, 30.44.210 (2008 Ed.) private documents and papers, disposition of 30.44.230 reinventory by director 30.44.200 sale at auction 30.44.210 postponement of payments not grounds for liquidation 30.56.030 records, files, accounts, etc., destruction of 30.44.260 stockholders meeting for 30.44.140 voluntary dividends unclaimed, disposition, escheat to state for permanent school fund after five years 30.44.180 notices creditors, to 30.44.170 posting of 30.44.160 unclaimed personal property 30.44.200 transfer of assets and liabilities to another bank 30.44.240 Loans charges, parity with out-of-state national banks 30.04.025 commission or benefit for obtaining prohibited, penalty 30.12.110 director of financial institutions to adopt rules and regulations concerning loans to officers 30.12.060 directors, loans to, restrictions 30.12.060 directors, to 30.12.070 employees, loans to, restrictions 30.12.060 limitations on loans to one person 30.04.111 officers, loans to permitted, limitation, adoption of rules by director of financial institutions 30.12.060 own stock as security prohibited 30.04.120 reports to director of financial institutions as to 30.12.060 stock of other corporations as security 30.04.120 suretyship or guarantee by director construed to be a loan 30.12.060 trust funds, loans to officer or employee from, penalty 30.12.120 Merger, consolidation or conversion application to out-of-state banks 30.49.125 assets in business activities, time provided for resulting bank to conform with law as to 30.49.110 corporate entity retained by resulting bank 30.49.080 definitions 30.49.010 dissenting stockholders, right to receive cash for shares 30.49.090 name use by resulting bank 30.49.080 national banks organized from state bank 30.49.020 reorganization as state bank 30.49.030, 30.49.070 state banks organized from national or state banks 30.49.030 certificate of merger 30.49.060 effective date 30.49.060 merger agreement contents 30.49.040 notice of meeting 30.49.050 termination of charter 30.49.060 reorganization to national bank 30.49.020 trust powers, resulting banks unable to exercise, successors to fiduciary positions 30.49.100 valuation of assets, higher evaluation by resulting bank prohibited 30.49.120 Minors and incompetents 30.22.070, 30.22.150 Mortgage insurance Ch. 61.10 Mutual savings banks Title 32 investment in 32.20.430 Mutual savings banks, See also MUTUAL SAVINGS BANKS Name mortgage bankers, name use permitted 30.04.020 reorganization by merger, consolidation, or conversion, name use by resulting bank 30.49.080 use of "bank" or "trust" in name restricted to banks or trust companies, penalty 30.04.020 National banks deposits governed by individual account deposit act, chapter 30.22 RCW 30.20.005 organized from state banks 30.49.020 reorganization as state bank 30.49.030, 30.49.070 securities may be held in name of nominee 30.08.170 Negotiable instruments, See BANKS AND BANKING, subtitle Checks or drafts Night depositories compliance with safety standards evidence of adequate measures 19.174.090 definitions 19.174.020 lighting requirements 19.174.040, 19.174.050 local government security regulation, chapter supersedes 19.174.080 safety evaluation, procedures 19.174.030 safety precautions, customer notice 19.174.060 security, exceptions to requirements 19.174.070 security requirements applicable to machines regulated under this title 30.04.650 Nonprofit corporation act, excluded from 24.03.015 Nonroutine transactions notice and procedure 11.100.140 Notes, See BANKS AND BANKING, subtitle Capital notes or debentures Notices possession by director contest of possession by director 30.44.030 to correct offense or delinquency 30.44.010 levy of assessment to make good impairment of capital 30.44.020 taking of possession, rights of subsequent creditors and lienholders limited by 30.44.040 Oaths and affirmations, administering power of officers and employees 30.12.130 Officers and employees destroying or secreting records 30.12.130 false statements as to assets or liabilities, penalty 30.12.090 loans commission or benefit for obtaining prohibited, penalty 30.12.110 director of financial institutions to adopt concerning 30.12.060 directors 30.12.070 directors, loans to, restrictions 30.12.060 employees, loans to, restrictions 30.12.060 officers, loans permitted to, limitations, director of financial institutions to adopt rules concerning 30.12.060 reports of loans to director of financial institutions 30.12.060 suretyship or guarantee by director construed to be a loan 30.12.060 trust funds, loans to officer or employee from, penalty 30.12.120 oaths and affirmations, power to take 30.12.130 penalty for violation, generally 30.12.190 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 removal or prohibiting participation 30.12.040, 30.12.042, 30.12.044, 30.12.047 appeal from 30.04.470 surety and fidelity bonds for 30.12.030 transfers in contemplation of insolvency void, penalty 30.44.110 [RCW Index—page 45] BANKS AND BANKING Off-premises electronic facilities 30.43.005 Penalties for violations civil penalty 30.04.310 generally 30.12.190 Personal representatives disqualified to act as, when will drawn by 11.36.010 probate fees to disallowed, disallowed to bank attorneys 11.36.010 Pledging of assets or securities prohibited, exceptions 30.04.140 Possession by director assignment for benefit of creditors prohibited 30.44.100 claims creditors approval or rejection 30.44.060 barred after time fixed in notice 30.44.060 depositors, presentment 30.44.060 list of, filing 30.44.070 objection to approval of 30.44.080 supplemental list of, filing 30.44.070 contest of possession by director court decision as to 30.44.030 notice of 30.44.030 service of notice of contest 30.44.030 creditors notice of taking possession by director, no lien rights after notice 30.44.040 notice to 30.44.060 dividends, declaration after presentment of claims 30.44.090 expenses of possession and winding up, first charge against assets 30.44.130 filing list of claims 30.44.070 levy of assessments, order to 30.44.020 notices contest of possession by director 30.44.030 to correct offense or delinquency 30.44.010 creditors to file claims 30.44.060 levy of assessment to make good impairment of capital stock 30.44.020 taking of possession, rights of subsequent creditors and lienholders limited by 30.44.040 powers and duties of director 30.44.050 receivership appointment of temporary receiver by court, when 30.44.100 prohibited, exception 30.44.100 surrender of possession and assets to director 30.44.100 reopening after 30.44.250 Powers of banks corporate powers 30.08.140 parity with mutual savings banks 30.04.217 Preferred stock impairment of capital, determination 30.08.086 issuance authority 30.08.082 rights, dividends, liquidation 30.08.084 Probate final distribution 11.76.095 personal representative, oath 11.28.170 Production credit associations investment in stock or participation certificates of, authorized 30.04.375 Profit sharing plans 30.12.205 Prohibition against director serving on boards of directors of other financial institutions 30.42.050 Proposed articles of incorporation contents and statements 30.08.020 investigation by director of financial institutions before incorporation 30.08.030 submission to director of financial institutions 30.08.020 Proxy voting 30.12.010 Public depositaries cities and towns 35.38.010 counties designation 36.48.010 financial institution, defined 36.48.060 [RCW Index—page 46] Public employees payroll deductions at request of employee authorized when institution meets necessary conditions 41.04.245 Public employees payrolls, direct deposit to bank account authorized, limitation 41.04.240 Quorum removal or prohibiting or directors effect on quorum 30.12.044 Real estate community credit needs rule-making authority, director of financial institutions 30.60.030 investments in 30.04.210, 30.04.212 purchase, holding and conveyance powers 30.04.210 Receiver, federal deposit insurance corporation may be appointed as, powers and duties 30.44.270 Receivership possession by director, receivership prohibited, exception 30.44.100 postponement of payments not grounds for 30.56.030 Records admission of records as evidence, certificate of authenticity 30.22.245, 30.22.250 compliance review information, confidentiality Ch. 7.88 disclosure of information, procedures 30.22.240 disposal of personal information Ch. 19.215 law enforcement requests for information, procedures 30.22.240 shareholders rights 30.12.025 Reopening after possession by director 30.44.250 Reorganization bank stabilization plan 30.56.050 Reorganization, See also BANKS AND BANKING, subtitle Merger, consolidation or conversion Reorganization as subsidiary of bank holding company actions of directors, committees, consent 30.04.605 approval of 30.04.570 authority 30.04.550 certificate of reorganization 30.04.570 dissenting shareholders rights, conditions 30.04.560 valuation of shares 30.04.565 meetings of directors, committees 30.04.610 procedure 30.04.555 public hearing 30.04.575 shareholders’ actions, consent 30.04.600 Reports of resources and liabilities 30.08.180, 30.08.190 Residential mortgage loan closing valuation disclosure requirements Ch. 19.149 Resources and liabilities, report 30.08.180, 30.08.190 Retained earnings for purposes of declaring dividends 30.04.180 Rules copies mailed to each bank and trust company 30.04.030 director of financial institutions to adopt 30.04.030 examination and reports covered by 30.04.030 violations, civil penalty 30.04.050 Safe deposit boxes disposition of contents upon liquidation and winding up 30.44.190 unclaimed property 63.29.160 Satellite facilities approval of new based on meeting community credit needs 30.60.020 Saturday closing permitted, legal effect 30.04.330 Savings account insurance companies, investment in 48.13.200 Savings account, See also BANKS AND BANKING, subtitle Deposits Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS Savings deposits, See BANKS AND BANKING, subtitle Deposits Securities deposit with clearing corporation, authorized 30.04.240 Shareholders rights regarding records 30.12.025 Stabilization definitions 30.56.010 deposits, postponement of payments of business during 30.56.030 deposits during, separation of, deemed trust fund 30.56.040 liquidation, not grounds for 30.56.030 order of director of financial institutions for 30.56.020 liquidation, not grounds for 30.56.030 reorganization plan approval 30.56.060 dividends, no payment until reductions to creditors are paid 30.56.070 failure to pay off in excess of plan, effect 30.56.080 new bank, authorization for 30.56.090 ratable reductions of depositor or creditor demands 30.56.050, 30.56.060 State banks deposits governed by individual account deposit act, chapter 30.22 RCW 30.20.005 organized from national or state bank, vote required 30.49.050 Stock assessments against, levy, enforcement sale 30.12.180 certificates not required 30.08.081 deemed personal property 30.04.120 loans on own stock as security prohibited 30.04.120 one vote per share 30.12.010 preemptive right of shareholders to acquire unissued shares 30.12.220 preferred impairment of capital, determination 30.08.086 issuance authority 30.08.082 rights, dividends, liquidation 30.08.084 series authority to establish 30.08.083 special classes issuance authority 30.08.082 rights of holders 30.08.084 transfer record to be kept 30.12.020 Stock purchase options 30.12.205 Stock savings banks, incorporation and operation Ch. 32.35 Stockholders liability effect when obligations federally insured Const. Art. 12 § 11 extent of Const. Art. 12 § 11 merger, consolidation or conversion, right of dissenting stockholders to receive cash for shares 30.49.090 preemptive right to acquire unissued shares 30.12.220 record of to be kept 30.12.020 right to vote 30.12.010 vote by proxy 30.12.010 Supervision of acquisition or control, notice of change of officers 30.04.410 Supervisor of violations or unsafe or unsound practices of bank or trust company administrative proceedings or judicial review 30.04.470 Supervisory direction and conservatorship "consent", defined 30.46.010 conservator (2008 Ed.) BATTERIES appointment, grounds for 30.46.040 appointment, when 30.46.020 powers, duties, and functions 30.46.040 costs, determination and charge 30.46.050 director of financial institution’s authority 30.46.090 duration, return to management 30.46.080 "exceeded its powers", defined 30.46.010 grounds for determination 30.46.020 procedure 30.46.020 restrictions on operations 30.46.030 review of actions and orders 30.46.060 rule-making authority, director of financial institutions 30.46.100 suit against bank or conservator, venue 30.46.070 supervising representative, appointment 30.46.030 "unsafe condition", defined 30.46.010 Surety bonds for officers and employees 30.12.030 Surplus and undivided profits required upon formation 30.08.010 Temporary cease or desist orders grounds 30.04.455 injunction to enforce 30.04.465 injunction to set aside 30.04.460 Travel agents banks may not act as 30.04.127 Trust business commingling trust funds or securities prohibited, penalty 30.04.240 defined 30.04.010 separation from other business 30.04.240 Trust company defined 30.04.010 Trust funds commingling prohibited, penalty 30.04.240 defined 30.04.010 loans to officers or employees from prohibited, penalty 30.12.120 Trustees change in form of corporate trustees 11.98.065 Unclaimed property, uniform act bank deposits and funds 63.29.060 checks, drafts 63.29.050 safe deposit boxes 63.29.160 Uniform common trust fund act short title 11.102.050 Uniform money services act Ch. 19.230 Unsound or illegal practices administrative hearings, procedures, judicial review 30.04.475 cease and desist orders 30.04.450 judicial enforcement of administrative orders 30.04.475 temporary cease and desist orders grounds 30.04.455 injunction to set aside 30.04.460, 30.04.465 Usury, alien bank loans, applicability 30.42.150 Violations of law or rules directors, individual liability 30.12.240 Voting proxy right to vote by 30.12.010 stockholders right 30.12.010 Winding up at expiration of term 30.08.080 BANQUETS Liquor permits Ch. 66.20 BAR ASSOCIATION (See also ATTORNEYS AT LAW) Active members only may practice law 2.48.170 Board of governors compensation 2.48.040 function 2.48.040 legal aid bureau authority over 2.50.060 creation of 2.50.060 supervision of 2.50.080 legal aid committee, member of chosen from 2.50.070 membership 2.48.030 (2008 Ed.) effect of new congressional districts or boundaries 2.48.035 out-of-state bar members, practice in state, regulation of 2.48.170 penalties for nonpayment of fees by bar member 2.48.160 powers disbarments 2.48.060 discipline 2.48.060 generally 2.48.050 increase of membership fees 2.48.130 reinstatement of members 2.48.060 rule making powers 2.48.050 terms of office 2.48.030 vacancies 2.48.030 Code of ethics 2.48.230 Creation of 2.48.010 Fees active members 2.48.130 admission 2.48.150 disposition of 2.48.150 inactive members 2.48.140 nonpayment of reinstatement 2.48.160 suspension 2.48.160 Judge pro tempore must be member of 2.08.180 Legal aid bureau authority over 2.50.060 creation of 2.50.050 supervision of 2.50.080 county committee authority over 2.50.060 creation of 2.50.070 legal aid supervisory powers 2.50.080 membership 2.50.070 Membership in 2.48.020 veterans disability discharge, effect 2.48.100 fees 2.48.110 proof of requirements after discharge 2.48.090 before discharge 2.48.080 requirements 2.48.070 Powers, generally 2.48.010 President board of governors member 2.48.030 Rules funds 2.48.050 meetings 2.48.050 membership in 2.48.050 officers 2.48.050 organizational subdivisions 2.48.050 Seal 2.48.010 Statute law committee code correction orders filing 1.08.016 BAR TO ACTIONS Challenge to sufficiency of the evidence, judgment for defendant bars another action 4.56.150 Compromise of misdemeanor bar to another prosecution for same offense 10.22.020 Dismissal, effect as bar to another action 4.56.120 Merits, judgment on bars another action 4.56.120 Nonsuit, not bar to another action, when 4.56.120, 4.56.150 Official bonds, judgment no bar to another action 42.08.040 BAR TO PROSECUTION (See also IMMUNITY FROM PROSECUTION; SELF-INCRIMINATION) Conviction bars subsequent prosecution 10.43.020, 10.43.030, 10.43.040, 10.43.050 Discharging defendant to give evidence for state or codefendant, bars subsequent prosecution 10.46.110 Former acquittal or conviction acquittal or conviction in another county 10.43.030 foreign state or country 10.43.040 different degrees of offense and included offenses barred 10.43.020, 10.43.050 Immunity from prosecution, witnesses not excused from giving self-incriminating testimony if given immunity from prosecution 10.52.090 Jeopardy, no person to be twice put in Const. Art. 1§9 BARBERS Cosmetologists, barbers, manicurists, and estheticians Ch. 18.16 BARGES (See VESSELS AND SHIPPING) BARRATRY Defined, penalty 9.12.010 Disbarment for 9.12.010 District judge or deputy, by, penalty 9.12.020 BARRICADED PERSONS Telecommunications may be intercepted 9.73.030 BASEBALL (See ATHLETICS AND SPORTS) BASIC HEALTH PLAN Administration, staff, technical advisory committees 70.47.040 Administrator, powers and duties 70.47.060, 70.47.120 Annual reporting requirement 70.47.170 Benefits from other coverages not reduced 70.47.070 Contracts for services 70.47.120 Coordinate with managed health care system projects 74.09.522 Definitions 70.47.020 Eligibility determination and coordination 70.47.010 Enrollee premium share 70.47.015 Enrollment, participation limitations 70.47.080 Exemption from insurance code 70.47.130 Expedited application and enrollment process 70.47.015 Legislative findings and purpose 70.47.010 Managed health care systems contract waivers 74.09.5221 participation 70.47.100 Medical assistance recipients enrollment 70.47.110 Medical records confidentiality 70.47.150 Mental health services definition, coverage required 70.47.200 rules, authority to adopt 70.47.201 Powers, duties, and functions transferred to health care authority 70.47.005 Proprietary information submitted to support rate filing confidentiality 70.47.150 Prostate cancer screening 70.47.210 Public assistance notice to applicants of plans availability 74.04.033 Removal of enrollees 70.47.090 Rights of individuals to receive services 70.47.160 Rights of providers and facilities to refuse to participate in services for reason of conscience or religion 70.47.160 Rules 70.47.050 Subscription account 70.47.030 Timber impact areas enrollment of persons in 70.47.115 Time-loss claimants notice to claimants 51.28.090 Title producers 70.47.015 Trust account 70.47.030 Unemployment compensation notice to claimants 50.20.210 BATTERIES Vehicle core charges 70.95.630, 70.95.640 defined 70.95.610 [RCW Index—page 47] BATTERY disposal noncompliance, issuance of warnings and citations, fines 70.95.660 restrictions, penalties for violations 70.95.610 persons accepting used batteries, identification procedure 70.95.620 retailers, acceptance of used batteries, notice 70.95.630 retailers’ notice, distribution by department of ecology 70.95.660 rule-making authority, department of ecology 70.95.670 wholesalers, acceptance of used batteries, suspension orders for noncompliance 70.95.650 BATTERY (See ASSAULT AND BATTERY) BAYS (See also TIDELANDS) Cities and towns adjacent to calculation for purposes of determining area of a town 35.21.160 jurisdiction 35.21.160 Obstructing is nuisance 7.48.120 BEACH BUGGIES Inspection and approval required 46.37.520 BEACH MANAGEMENT DISTRICTS (See also LAKES, subtitle Lake or beach management districts) Generally Ch. 36.61 BEACHES (See AQUATIC LANDS; TIDELANDS) BEARS (See WILDLIFE) BEDS OF NAVIGABLE WATERS (See also PUBLIC LANDS, subtitle Aquatic lands) Disclaimer of title to by state where patented Const. Art. 17 § 2 Ownership of asserted by state Const. Art. 17 § 1 Public lands—aquatic lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 BEEF COMMISSION Assessments 16.67.120, 16.67.122, 16.67.123, 16.67.130, 16.67.140 Comprehensive scheme 16.67.035 Definitions 16.67.030 Funding staff support 16.67.190 Liability and immunity 16.67.160 Meetings 16.67.100 Membership 16.67.040, 16.67.060, 16.67.070 Plans, programs, projects approval and oversight 16.67.091, 16.67.095, 16.67.195 Positions and terms 16.67.051 Powers and duties 16.67.090 Promotional printing and literature 16.67.170 Promotional programs 16.67.110 Public disclosure exemption 16.67.180 Records as evidence 16.67.080 Reimbursement for costs 16.67.097 Research 16.67.110 Subpoenas 16.67.093 Trade promotion and development expenditures 15.04.200 BEER AND BREWERIES (See also ALCOHOLIC BEVERAGES) Beer distributors license 66.24.250 importer’s license 66.24.261 imports, certificate of approval and report 66.24.270 out-of-state, certificate of approval and report 66.24.270 [RCW Index—page 48] purchase restrictions 66.28.070 sales tax on alcoholic beverages 82.08.150, 82.08.160 Beer commission assessment constitutes debt 15.89.130 composition 15.89.030 costs 15.89.150 definitions 15.89.020 director’s duties 15.89.040 donations to and use of beer or malt beverages 66.12.185 enforcement 15.89.160 goals 15.89.090 legislative declaration 15.89.010 members, appointment 15.89.050 money, deposit 15.89.120 obligations and liabilities 15.89.060 plans, programs, and projects 15.89.073 powers and duties 15.89.070 producers of beer, list 15.89.100 production, annual assessment 15.89.110 prosecution 15.89.170 public disclosure 15.89.140 regulating beer 15.89.025 research, promotion, education 15.89.080 speaks for state 15.89.075 Breweries authorized and prohibited sales 66.24.290 distributors or retailers 66.24.240 licenses 66.24.240 microbreweries, licenses 66.24.244 sales at retail on premises 66.28.010 Courses of instruction authorized 66.28.150 Definitions 66.04.010 Distributors authorized and prohibited sales 66.24.290 conduct, responsibility of 66.28.030 reports of sales 66.24.270 restricted transactions 66.28.260 sale of nonliquor food and food ingredients 66.28.190 Distributors and suppliers of wine and malt beverages, equity agreement Ch. 19.126 Educational or consumer product information on retail premises 66.28.155 Exemptions from liquor law Ch. 66.12 Family beer or wine, removal from home for exhibition or use at tastings or competitions 66.28.140 Farmers markets, sales at 66.24.240, 66.24.244, 66.28.260 Gallonage tax 66.24.290 Giving away beer prohibited, exceptions 66.28.040 Home manufacture and use exemptions from liquor law 66.12.010 removal from home for exhibition or use at wine or beer tastings or competitions 66.28.140 Keg registration container identification, rules, violations 66.28.220 fees 66.28.220 furnishing to minors, penalties 66.28.230 purchasers’ duties 66.28.210 sellers’ duties 66.28.200 state preemption 66.28.240 Labels on malt liquor 66.28.120 Licenses beer and wine gift delivery license 66.24.550 beer and/or wine restaurant license 66.24.320 combined license, for sale of beer and wine for consumption on or off premises 66.24.354 grocery store license and restricted grocery store license 66.24.360 nonprofit organizations, special occasion license for sales at specific event 66.24.375, 66.24.380 private club beer and wine license 66.24.452 snack bar license 66.24.350 specialty shop license, samples 66.24.371 tavern license 66.24.330 Malt beverages and wine, distributors and suppliers, equity agreement Ch. 19.126 Microbreweries licenses 66.24.244 Minors employees eighteen to twenty-one, handling of beer and wine on nonretail premises 66.44.318 Price discrimination to purchaser for resale prohibited 66.28.170 Price modification without prior approval prohibited 66.28.180 Prices, posting and filing requirements 66.28.180 Public house license 66.24.580 Seized beer, purchase restrictions 66.28.070 Serving beer to employees and visitors 66.28.040 Serving to standing or walking patron permitted 66.28.130 State liquor stores, sale to licensed retailers 66.16.050 Taxation of beers payment and use 66.24.290 refunds on unsalable products 66.24.305 Violations, enforcement, and penalties Ch. 66.44 BEES AND BEEKEEPING Agricultural local fund 15.60.040 Agriculture, department of director’s powers and duties 15.60.021 Apiaries definitions 15.60.005 registration 15.60.021, 15.60.031 Apiary advisory committee, membership and duties 15.60.010 Apiary coordinated areas boundary changes 15.60.085 designation of areas within certain counties 15.60.095 hearing to establish 15.60.065 order describing 15.60.075 Definitions 15.60.005 Diseases quarantine and regulation of movement Ch. 17.24 Hives registration 15.60.021 Honey, See HONEY Honey bee commission, See HONEY BEE COMMISSION Pests quarantine and regulation of movement Ch. 17.24 Violations of chapter or rules, penalty 15.60.055 BEGGARS (See also INDIGENTS) Child employed as 26.28.070 BENEFICIAL INTERESTS (See TRUSTS) BENEFICIARIES (See also RETIREMENT AND PENSIONS) Accounting guardian ad litem to represent 11.106.060 Disability insurance 48.20.152 Distributions to beneficiaries, power of trustees to make 11.98.070 Group life insurance 48.24.160 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Beneficiaries Industrial life insurance, standard provision regarding 48.25.150 Life insurance, generally 48.18.440 Personal injury action on death of injured person survives 4.20.060 Trust estates, of, setoff against 4.32.120 United States savings bonds, effect of survival of beneficiary 11.04.230 Wrongful death actions 4.20.020 BENEVOLENT ORGANIZATIONS (See also CORPORATIONS, subtitle Nonprofit corporations) Beneficial corporations, authorized 24.06.015 Nonprofit corporations, authorized 24.03.015 BENEVOLENT SOCIETIES Nonprofit corporation act Ch. 24.03 (2008 Ed.) BIDS AND BIDDING Nonprofit miscellaneous and mutual corporations act Ch. 24.06 BENTON COUNTY Boundaries, tracing of 36.04.030 Hanford area economic investment fund committee membership and duties 43.31.425, 43.31.428 established 43.31.422 Superior court judges, number of 2.08.064 BENZINE (See EXPLOSIVES) BEQUESTS AND DEVISES (See DEVISEES AND LEGATEES; PROBATE; WILLS) BERRIES Harvesting by workers under twelve years of age 15.04.150, 15.04.160 Weights and measures 19.94.470 BETTING (See GAMBLING) BEVERAGE CONTAINERS Milk-based, soy-based products not covered in pull-tab law 70.132.020 Pull-tab openers milk-based, soy-based products not included 70.132.020 prohibited definitions 70.132.020 enforcement, rules 70.132.040 penalty 70.132.050 legislative finding 70.132.010 sale 70.132.030 Refilling by others for sale prohibited, presumption 19.76.110, 19.76.120 Trade name or trademark, filing 19.76.100 Violations, penalties 19.76.130 BEVERAGES (See also ALCOHOLIC BEVERAGES) Food and beverage workers’ permits Ch. 69.06 BIAS Actual defined 4.44.170 grounds for challenging juror 4.44.190 order of taking challenges of jurors for 4.44.220 particular cause of challenge of juror 4.44.170 Implied defined 4.44.170 grounds 4.44.180 order of taking challenges of jurors for 4.44.220 particular cause of challenge to juror 4.44.170 BICYCLE ROUTES Comprehensive street programs to include 35.77.015 Counties county road fund, expenditures for 36.75.240 standards 36.75.240 Establishment, authorized, directed 47.26.305 Legislative declaration 47.26.300 Transportation improvement board funds, use 47.26.305 BICYCLES Bicycle transportation management program department of transportation duties 47.04.190 state bicycle program manager duties 47.04.200 position established 47.04.190 Brakes 46.61.780 Carrying articles, one hand on bars 46.61.775 Cities and towns bicycle road fund 35.75.050 licenses 35.75.030, 35.75.040 paths for 35.75.010, 35.75.020, 35.75.030, 35.75.040 regulation of 35.75.010 Clinging to vehicles 46.61.765 Crimes relating to, hitching on to another vehicle 46.61.765 Crosswalks, right of way 46.61.235, 46.61.261 Defined, motor vehicle law 46.04.071 (2008 Ed.) Electric personal assistive mobility device 46.04.1695, 46.61.710 Electric-assisted bicycle defined 46.04.169 driver’s license, exception 46.20.500 helmets 46.37.530 operating requirements 46.61.710 Ferries, bicycle as baggage 81.28.260 General penalty for violations 46.61.750 Hand signals 46.61.758 "Hitching on" to vehicles 46.61.765 Intoxicated bicyclists, procedures 46.61.790 Lighting 46.61.780 No hands on bars 46.61.775 Number of persons riding on 46.61.760 One way roads rules of the road 46.61.770 Operating, one hand to be kept on handle bars 46.61.775 Paths authorized, expenditure of available funds 47.30.030 for bicycles, to be used 46.61.770 city street funds, use, authorized standards 35.75.060 county road funds, use, authorized standards 36.82.145 included in county road comprehensive plan annual revisions 36.81.122 public highways, paths as 47.30.070 transportation committee review of comprehensive plans 44.04.290 Paths, lanes, routes, roadways, county road fund, construction of, standards 36.75.240 Person propelling to ride upon seat 46.61.760 Reflectors 46.61.780 Regulations, where applicable 46.61.750 Restrictions on use of limited-access roadways 46.61.160 Road rights and duties, generally 46.61.126, 46.61.755 Routes, included in comprehensive street programs 35.77.015 Rules of the road for 46.61.770 Safety program for bicyclists and pedestrians 43.59.150 Seat, person propelling to ride on 46.61.760 Sidewalks, right of way 46.61.261 State patrol bicycle awareness program 43.43.390 Statewide transportation planning Ch. 47.06 Traffic laws applicable to 46.61.755 Traffic safety education 46.20.093, 46.20.095, 46.82.430 Trails or paths use of 46.61.770 Two abreast on roadways, not more than 46.61.770 Violations, penalties 46.61.700 civil liability 46.61.750 BIDS AND BIDDING Bid deposits, county public works contracts 36.32.250 Bond issues Puget Sound ferry Ch. 47.60 refunding bonds of counties and cities and towns Ch. 39.52 Bond issues, See also BOND ISSUES Cities, first class public works competitive requirements 35.22.620 electrical distribution systems exempt from competitive bid requirements 35.22.640 requirements 35.22.630 small works roster 35.22.620 public works contracts minority employment clause 35.22.650 Cities and towns competitive bidding requirements, exemptions 39.04.280 lease and lease back agreements 35.42.080 leases with or without option to purchase, when bids required 35.42.220 off-street parking facilities 35.86A.120 operation of 35.86.040 public works 35.22.635, 35.23.352 real property in community renewal areas 35.81.090, 35.81.095 recycled products procurement, notice of requirements 43.19A.080 refunding bonds Ch. 39.52 streets and alleys, construction 35.77.030 supplies, material, and equipment 35.23.352 Colleges and universities community and technical college facilities 28B.50.330 construction projects 28B.10.350 requirements and exceptions 43.19.1906 Contractors, registration requirements Ch. 18.27 Counties advertisements 36.32.245 competitive bidding requirements, exemptions 39.04.280 hospitals, purchases 36.32.240 public works 36.32.235 requirements 36.32.245 streets and alleys, construction 35.77.030 County leases competitive bids, procedure 36.32.253 County leases and purchases competitive bids 36.32.240 County property leasing 36.34.190 sale of 36.34.070 trade-in equipment 36.34.070 County public works contracts competitive bids, procedure, deposits, bonds 36.32.250 County purchases competitive bidding exemptions 36.32.270 competitive bids 36.32.240 competitive bids, advertisements 36.32.245 competitive bids, requirements 36.32.245 County roads and bridges construction 36.77.020, 36.77.030, 36.77.040 maintenance materials multiple awards 36.32.256 small works roster process, when used 36.77.075 Crimes relating to agreement outside state no defense to prosecution for suppression of competitive bidding on public works 9.18.150 collusion to prevent competitive bidding on public works, penalty 9.18.130 suppression of competitive bidding on public works, penalty 9.18.120 Deeds of trust, bids at foreclosure and sale proceedings 61.24.070 Federal power projects, county property, state or United States 36.34.250, 36.34.260 Federal property, bids by state or political subdivision for 39.32.070 Forest fire suppression equipment, requirement to use lowest responsible bidder 76.04.177 Government housing projects, county property, state or United States 36.34.250, 36.34.260 Highway construction and maintenance, contract, by, bids, call for bids 47.28.050 Irrigation districts construction contracts 87.03.435 Judicial sales resale, on 6.21.110 sale to highest bidder 6.21.100 Local governments preferential purchase of products made from recycled materials authorized 39.30.040 tax revenue may be considered 39.30.040 violations, penalties 39.30.020 Local improvements, cities, towns and public corporations, work done for assessments 35.43.190 Military installations, county property, state or United States 36.34.250, 36.34.260 [RCW Index—page 49] BIENNIAL BUDGETS Minority and women’s business enterprises highway construction and maintenance 47.28.050 Off-street parking, involving public park or civic center property, bids required, when 35.86.010 Partition proceedings, sale of property by auction 7.52.270 Performance-based contracts for water conservation, solid waste reduction, and energy equipment Ch. 39.35A Port districts labor and material contracts, procedure 53.08.120, 53.08.130 property sales 53.25.150 small works roster 53.08.120 Probate, sales of estate property offer of increased bid 11.56.110 deposit, form of 11.56.110 offer 11.56.110 private sales 11.56.080 sealed bids, when accepted, notices 11.56.110 Public hospital districts materials and labor contracts, bid procedures, alternatives, and exemptions 70.44.140 Public utilities, sale or lease of 35.94.010, 35.94.020, 35.94.030 Public utility districts, work and materials alternative bid procedure 54.04.082 requirements 54.04.080 Public works, See PUBLIC WORKS, subtitle Bids and bidding Puget Sound ferry system bonds of Ch. 47.60 Schools and school districts school work and purchases, bidding required, procedure 28A.335.190 surplus food commodities, school hot lunch program, bidding suspended 28A.235.050 telephone or written solicitation of competitive bids, procedure 28A.335.190 State purchases bond of bidder 43.19.1915 competitive bids, exceptions solicitation 43.19.1908 low bidder claiming error, prohibition on later bid for same project 43.19.1914 lowest bidder 43.19.1911 recycled products procurement, notice of requirements 43.19A.080 rejection grounds 43.19.1913 requirements and exceptions 43.19.1906 violations concerning, penalty 43.19.1939 Subcontractors identification by bidder 39.30.060 Timber timber or other personalty on state highway lands, bids and bidding for 47.12.140 Toll bridge bonds on 47.56.140 Toll roads, sale of property authorized 47.56.254 execution, delivery of deed 47.56.255 Transportation department may contract with public utilities or municipal corporations without bids 47.01.210 Water-sewer districts, labor and materials contracts 57.08.050 BIENNIAL BUDGETS (See BUDGETS, subtitle Biennial budgets) BIENNIUM AND BIENNIAL Elections, biennial holding of Const. Art. 6 § 8 BIGAMY Limitation of actions 9A.04.080 BILINGUAL INSTRUCTION PROGRAM (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Bilingual (transitional) instruction program) BILL OF ATTAINDER Enactment of, prohibited Const. Art. 1 § 23 BILL OF EXCEPTIONS Lost or destroyed, substitution of copy 5.48.010 [RCW Index—page 50] BILL OF SALE (See also SALES) BILLBOARDS AND SIGNS (See also ADVERTISING; HIGHWAYS, subtitle Signs; SIGNS) Highway advertising control agreements to secure federal aid authorized 47.42.110 commercial and industrial areas permissible signs, requirements 47.42.062, 47.42.063 preexisting signs 47.42.063 compensation for removal of signs action to determine amount 47.42.103 agreements to secure federal aid 47.42.110 authorized 47.42.102 federal share of payment 47.42.104 local government actions 47.42.107 payment 47.42.103 removal not required if federal share unavailable 47.42.105 signs to which applicable 47.42.102 state’s share of payment 47.42.103 definitions 47.42.020 existing statutes, resolutions or ordinances unaffected 47.42.070 highways and streets not part of any system, regulations 47.42.065 highways designated as scenic areas 47.42.140 informational signs authorized for state, counties, city or town 47.42.050 number of signs permitted 47.42.045 permissible signs in protected areas 47.42.040 permits to erect or maintain signs assignment of 47.42.120 fees 47.42.120 permit identification number 47.42.130 revocation, grounds 47.42.090, 47.42.120 preexisting signs, date for removal 47.42.100 prohibited signs as public nuisance, abatement procedure, penalty 47.42.080 purpose 47.42.010 regulations to implement, judicial review 47.42.060 roadside area information panel or display authorized 47.42.055 scenic and recreational system highways excluded from 47.42.025 signs visible from prohibited 47.42.030 signs maintained under permit to bear permit number and permittee’s name 47.42.130 prohibited in protected or scenic areas 47.42.030 visible from highway systems prohibited, exceptions 47.42.040 tourist facilities, business, or agricultural signs 47.42.045 Railroad grade crossings, regulation 36.86.100, 47.32.140 Scenic vistas act Ch. 47.42 BILLIARDS AND POOL (See ATHLETICS AND SPORTS, subtitle Billiard and pool halls) BILLS OF EXCHANGE (See NEGOTIABLE INSTRUMENTS, subtitle Bills of exchange) BILLS OF LADING Common carriers, See COMMON CARRIERS, subtitle Bills of lading Crimes relating to fictitious bill 22.32.020 Fictitious, penalty 22.32.020 BILLS OF LEGISLATURE Amendment may be by either house Const. Art. 2 § 20 not to change scope of bill Const. Art. 2 § 38 Either house may originate bills Const. Art. 2 § 20 Emergency clause Const. Art. 2 § 1 Engrossed bill, filing with secretary of state 44.20.010 Final passage, requisites of Const. Art. 2 § 22 Fiscal notes, local government Ch. 43.132 Fiscal notes, state government Ch. 43.88A Initiative measure Const. Art. 2 § 1 Introduction of, time limitation Const. Art. 2 § 36 Numbering when becoming law 44.20.020 Passage by either house, requisite proceedings Const. Art. 2 § 22 Passage by one house, subject to amendment by other Const. Art. 2 § 20 Passage over governor’s veto Const. Art. 3 § 12 Presentation to governor for approval governor may sign or veto Const. Art. 3 § 12 when becomes law without approval Const. Art. 3 § 12 Printing duties of public printer 43.78.030 Private interest in to be disclosed Const. Art. 2 § 30 Scope of not to be changed by amendment Const. Art. 2 § 38 Signature by presiding officers of both houses necessary Const. Art. 2 § 32 Subject, restricted to one Const. Art. 2 § 19 Subject to be expressed in title Const. Art. 2 § 19 Time of taking effect Const. Art. 2 § 1, Const. Art. 2 § 41 emergency clause Const. Art. 2 § 1 Title of, to express subject Const. Art. 2 § 19 Veto of initiative or referred measures Const. Art. 2 § 1 power of governor Const. Art. 3 § 12 separate sections subject to Const. Art. 3 § 12 Vote on how taken Const. Art. 2 § 22 by legislators with private interest prohibited Const. Art. 2 § 30 BINDING SITE PLAN Alternative method of land division 58.17.035 BINGO Authority 9.46.0321 Defined 9.46.0205 BIOMEDICAL WASTE Definitions 70.95K.010 Legislative findings 70.95K.005 Sharps waste collection 70.95.715 residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 State preemption of local definitions 70.95K.011 Waste treatment technologies evaluation by department of health 70.95K.020 BIOSOLIDS (See SLUDGE) BIOTECHNOLOGY MANUFACTURING BUSINESSES, TAX DEFERRALS Generally Ch. 82.75 BIRDS (See also POULTRY) Bald eagles and essential habitat habitat buffer zones 77.12.655 protection 77.12.650 False certificate of registration or false representation of breed, penalty 9.08.030 Hunting, See HUNTING Migratory bird stamp, license validation sale and use of revenues 77.12.670 Migratory waterfowl stamp and art committee 77.08.045 Migratory waterfowl art committee 77.12.680, 77.12.690 Natural area preserves bird areas, important 79.70.110, 79.70.120 Oil and hazardous materials spills wildlife rehabilitation 90.56.110 wildlife rescue coalition 90.56.100 Pheasants (2008 Ed.) BLOOD eastern Washington pheasant enhancement account, funding 77.12.810 eastern Washington pheasant enhancement account, use 77.12.820 eastern Washington pheasant enhancement program 77.12.790 juvenile hunting opportunities 77.12.800 Pigeons, antwerp racing pigeons killing, injuring, or detaining unlawful 9.61.190 removing stamp, band, or other marks unlawful 9.61.200 Places for fighting of, public nuisance, penalty 9.66.010 Predatory birds, control by director of agriculture 15.04.110, 15.04.120 State bird 1.20.040 BIRTH CERTIFICATES (See also VITAL STATISTICS) Heirloom birth certificates fund disposition 43.121.100 BIRTH CONTROL Family planning services definitions 74.09.790 eligibility and available services 74.09.800 Individual right to choose or refuse declared public policy 9.02.100 Reproductive privacy public policy 9.02.100 BIRTH DEFECTS (See PREGNANCY, subtitle Birth defects) BIRTHING CENTERS Confidentiality of information 18.46.090 Definitions 18.46.010 Fire protection 18.46.110 Health department rule-making authority 18.46.060 Inspection 18.46.080 Licenses application and fee 18.46.030 denial, suspension, or revocation 18.46.050 issuance, display, and renewal 18.46.040 operating without a license 18.46.120, 18.46.130 required 18.46.020 suspension for nonpayment or default on educational loans or scholarships 18.46.055 Malpractice insurance joint underwriting association, midwives and birthing centers administration of plan 48.87.060 composition of association 48.87.040 definitions 48.87.020 legislative intent 48.87.010 liability limits 48.87.050 plan for establishment of association, requirements for 48.87.030 policies written on a claims made basis, required insurer guarantees 48.87.070 rating plan requirements 48.87.050 risk management program requirements 48.87.080 rule-making authority 48.87.100 New facilities, approval 18.46.080 Religious organizations, birthing centers operated by exempt from chapter 18.46.140 Rules and regulations compliance 18.46.070 standards 18.46.060 BIRTHS (See also VITAL STATISTICS, subtitle Births and birth certificates) Concealing birth of fetus or child, abortion, penalty 9.02.050 Registration of, requirement 70.58.070 Unwed mothers, birth certificates for infants 70.58.080 BIRTH-TO-SIX INTERAGENCY COORDINATING COUNCIL Early intervention services conditions and limitations 70.195.010 (2008 Ed.) coordination with counties and communities 70.195.020 BLACKLISTING (See LABOR, subtitle Prohibited practices) BLASTING CAPS Limit on storage 70.74.040 Storage, rules 70.74.030 BLIGHTED AREAS (See CITIES AND TOWNS, subtitle Urban renewal) BLIGHTED PROPERTY (See CONDEMNATION, subtitle Blighted property) BLIND Aid to the blind, See PUBLIC ASSISTANCE, subtitle Aid to the blind Braille instruction in schools definitions 28A.155.105 provision in student’s curriculum 28A.155.115 student assessment 28A.155.115 Business enterprises program definitions 74.18.200 purposes 74.18.210 vending facilities in public buildings, operator licenses 74.18.220 Business enterprises revolving account 74.18.230 Department of services for the blind administrative hearing, appeal of decision 74.18.120 children and their families services offered 74.18.190 consult with the rehabilitation council for the blind 74.18.100 created 74.18.030 definitions 74.18.020 director appointment 74.18.040 exempt positions 74.18.050 personnel appointment 74.18.050 salary 74.18.040 employees background checks 74.18.123 confidentiality of personal information 74.18.127 exempt positions 74.18.050 gifts, grants, and bequests may be received 74.18.110 habilitation facilities authorized 74.18.170 independent living, services for 74.18.180 legislative intent 74.18.010 personnel appointment 74.18.050 powers and duties 74.18.060 rehabilitation facilities authorized 74.18.170 telephonic reading service 74.18.045 vocational rehabilitation eligibility 74.18.130 grants of equipment and material 74.18.150 services 74.18.140 Discrimination, public accommodations, prohibited 70.84.010 Dog guides driver responsibilities and liabilities 70.84.040 killing or injuring, liability 49.60.370 license fee waiver 49.60.380 unauthorized use 70.84.060 Employment vendors in good standing, committee and fees 50.40.065, 50.40.066 white cane law, discrimination in hiring prohibited 70.84.080 Governmental agency purchases of blind made goods and services 19.06.020 Interference with, violations, penalty 70.84.070 Malicious harassment 9A.36.080 Prevention of blindness, See PUBLIC ASSISTANCE, subtitle Aid to the blind Prevention of blindness program established 74.09.720 Products advertising limitations 19.06.030 governmental agency purchases of goods and services 19.06.020 labeling requirements, prohibited acts 19.06.010 violations, penalty 19.06.040 Rehabilitation council for the blind created 74.18.070 department of services for the blind to consult 74.18.100 governor to appoint 74.18.070 meetings 74.18.080 membership terms 74.18.070 travel expenses 74.18.080 powers 74.18.090 Self-support aid, See PUBLIC ASSISTANCE, subtitle Aid to the blind Service animals defined 70.84.021 driver responsibilities and liabilities 70.84.040 killing or injuring, liability 49.60.370 license fee waiver 49.60.380 unauthorized use 70.84.060 State school for admittance 72.40.040, 72.40.050 appropriations 72.40.120 board of trustees creation of new congressional districts or boundaries, affect of 72.41.025 expenses 72.41.060 meetings 72.41.070 powers and duties 72.41.040 rules and regulations 72.41.020, 72.41.030 child abuse and neglect behavior management policies 72.40.220 employees and volunteers, supervision 72.40.250 reports to parents 72.40.210 residential staffing requirement 72.40.240 sexual victimization, protection from 72.40.270 staff orientation and training 72.40.230 student instruction 72.40.260 employee hours of labor 72.40.110 establishment 72.40.010 superintendent defined 72.41.015 powers and duties 72.40.022, 72.40.024 qualifications 72.40.020 teachers 72.40.028 terms 72.40.031 weekend transportation 72.40.090 Teachers of visually impaired, qualifications 28A.410.032 Vending facilities in public buildings 74.18.220 White cane law dog guide defined 70.84.020 driver responsibilities and liabilities 70.84.040 employment, discrimination in prohibited 70.84.080 impersonating blind person, prohibited, penalty 70.84.060 penalty for violation 70.84.070 public accommodation, discrimination prohibited 70.84.010 rights of blind persons 70.84.050 state policy 70.84.010 transportation, discrimination prohibited 70.84.010 Youth educational service district superintendent’s duty 72.40.070 parent’s duty 72.40.080 school district’s duty 72.40.060 BLOOD Blood and/or tissue banks business and occupation tax exemption 82.04.324 cord blood banks 70.54.220, 70.54.222 sales tax exemption 82.08.02805 use tax exemption 82.12.02747 [RCW Index—page 51] BLOOD TESTS Blood donors, minors 70.01.020 Immunity from implied warranties and civil liability in procurement, use, etc., extent 70.54.120 Minors, blood donation, necessity of parental permission, not needed over eighteen years of age 70.01.020 BLOOD TESTS (See DRIVING UNDER THE INFLUENCE) BLUEBUNCH WHEATGRASS State grass 1.20.025 BOARD OF EDUCATION (See STATE BOARD OF EDUCATION) BOARDING AND LODGING HOUSES (See also HOTELS; TRANSIENT ACCOMMODATIONS) Lien on property of guests, See LIENS, subtitle Inn keepers Tax state convention and trade center, Seattle King county, Seattle Ch. 67.40 Unlawful occupant conducting, service of notice of forcible entry and detainer actions 59.12.040 BOARDING HOMES Advisory board 18.20.260 Cash resident, general responsibility for 18.20.280 Complaints dispute resolution process 18.20.195 inspections, enforcement, screening 18.20.125 investigation and referral 18.20.185 retaliation prohibited 18.20.185 toll-free telephone number 18.20.185 Definitions 18.20.020 Federal funding, department compliance with prerequisites for 18.20.250 Fire protection 18.20.130 Holding a medicaid eligible resident’s room 18.20.290 Inspections 18.20.110 Licenses applications 18.20.040 display requirements 18.20.050 fees and issuance 18.20.050 operating without license, penalty 18.20.140, 18.20.150 required 18.20.030 surrender, relinquishment 18.20.050 suspension for noncompliance with support order 18.20.210 suspension for nonpayment or default on educational loan or scholarship 18.20.200 Long-term caregiver training 18.20.270 Medicaid program, withdrawal from 18.20.440 Medication assessments preadmission 18.20.350 reassessment 18.20.360 assistance 69.41.085 resident’s family member administers 18.20.340 Medication services 18.20.160 Mentally retarded medical care purchase of services 74.09.120 Noncompliance or violations, department of social and health services action 18.20.190 Nursing or medical care, exclusion of persons requiring, exceptions 18.20.160 Professional service corporations Ch. 18.100 Quality assurance committee 18.20.390 Quality improvement consultation program principles 18.20.115 Regulations and standards 18.20.090 Religious organizations, boarding homes operated by exempt from chapter 18.20.170 Resident rights 18.20.180 Residential care contracted services, conversion to 18.20.220 [RCW Index—page 52] Residents’ rights Ch. 70.129 Services domiciliary care, activities of daily living 18.20.300, 18.20.310 health support 18.20.320 intermittent nursing 18.20.330 negotiated agreement 18.20.370 outside services, provision of 18.20.380 Small standards 18.20.410 Taxes deductions 82.04.4337 nonprofits, room and domiciliary care exemption 82.04.4264 room and domiciliary care 82.04.2908 Temporary management 18.20.420, 18.20.430 Training standards, review 18.20.230 Training standards and delivery system review 70.128.210 Violations correction of 18.20.400 BOARDS (See also STATE DEPARTMENTS AND AGENCIES) Compensation class five groups 43.03.265 class four groups 43.03.250 class one groups 43.03.220 class three groups 43.03.240 class two groups 43.03.230 Rule-making authority, quasi-judicial, policy direction class three groups 43.03.240 Sunset act, entities scheduled for termination Ch. 43.131 BOATS AND BOATING (See also VESSELS AND SHIPPING) Accidents duty to render assistance, immunity 79A.60.200 hit and run, penalties 79A.60.200 investigation 79A.60.220 reports 79A.60.210 Agents immunity of licensing agents 46.01.310 Alcohol or drugs, operation of boat under the influence 79A.60.040 Aquatic invasive species enforcement account, program 43.43.400 inspection of watercraft 77.12.882 Arrest without warrant negligent operation, under the influence 10.31.100 Assault by watercraft 79A.60.060 Ballast water management Ch. 77.120 Boater environmental education and boat waste management program 79A.60.560, 79A.60.570 Boating activities program 79A.60.670, 79A.60.680, 79A.60.690 Boating fire prevention education program 79A.60.610 Boating offense compact Ch. 88.01 Boating safety education parks and recreation commission powers and duties 79A.05.310 Boating safety programs funding 88.02.040, 88.02.045 Carbon monoxide poisoning information brochure 88.02.260 warning sticker, display 88.02.250 Certificates of title 88.02.070, 88.02.075, 88.02.120, 88.02.130, 88.02.140, 88.02.150, 88.02.160, 88.02.170, 88.02.180 Charter boats, regulation of boats operating on state waters Ch. 88.04 Charter fishing boats, See FISH AND FISHING, subtitle Charter boats Convicts, transportation into state prohibited 88.08.030 Crimes altered or removed identification number, seizure and impoundment 46.12.310 buying, selling, or possession of watercraft with altered or removed identification number, penalty 46.12.300 decriminalization of certain boating safety offenses Ch. 7.84 operating steamboat while intoxicated 9.91.020 Crimes, See also CRIMES, subtitle Boats and vessels Dealers business identification 88.02.078 denial of license 88.02.235 display decals, unauthorized use 88.02.115 display decals, use 88.02.023 exemptions from requirements 88.02.230 failure to register, gross misdemeanor 88.02.112 nontransferable registration numbers 88.02.028 purchase of dealer registration to evade tax 88.02.118 records of purchases and sales 88.02.210 registration 88.02.060 registration denial, suspension, or revocation 88.02.188, 88.02.189 temporary permits 88.02.184 trust accounts for cash sales 88.02.220 Decriminalization of certain boating safety offenses Ch. 7.84 Definitions 79A.60.010, 88.02.010 Derelict vessels Ch. 79.100 Emergency response caused by intoxication recovery of emergency response costs from convicted person 38.52.430 Environmental education for boaters, establishment 79A.60.510 Environmental education for boaters, funding 79A.60.590 Equipment, failure of vessel to contain required equipment 79A.60.150 Equipment standards 79A.60.110 Evidence of ownership 88.02.125 Fire prevention education program 79A.60.610 Fishing boats and vessels, See FISH AND FISHING, subtitle Vessels Freshwater aquatic weeds management program 43.21A.660, 43.21A.662 Homicide by watercraft 79A.60.050 Hydroplane races admission fee, charged by city or town, authorized 35.21.810 cities and towns, public purpose 35.21.815 Identification document, fee 88.02.030 Inspection of vessels 88.02.190 Insurance vendor single-interest or collateral protection coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 Jet skis, prohibited activities 79A.60.190 Law enforcement, funding 88.02.040 Licensing department authority and duties Ch. 88.02 Life jackets and preservers inspection and approval 79A.60.140 penalty for failure to carry 79A.60.160 Lighthouses injury to prohibited, penalty 88.08.050 Lights or signals tampering with prohibited, penalty 88.08.020 Lights or signals, tampering with prohibited 79A.60.120 Liquid petroleum gas leak warning devices 79A.60.600 Loading or powering beyond safe operating ability 79A.60.180 Marine oil refuse dump and holding tank information 88.02.050 Marine recreation land duties of interagency committee for outdoor recreation Ch. 79A.25 Moorage, parks and recreation commission facilities (2008 Ed.) BOND ISSUES abandoned vessels determination of abandonment 79A.65.020 disposal 79A.65.030 public sale and use of proceeds 79A.65.030 definitions 79A.65.010 unauthorized vessels delinquent charges, action to recover 79A.65.030 securing procedures, notice 79A.65.020 Moorage facilities abandoned vessels, public sale 53.08.320 definitions 53.08.310 rules 53.08.320 Moorage facilities, private abandoned vessels, public sale 88.26.020 definitions 88.26.010 delinquent charges, procedures 88.26.020 impounded vessels 88.26.020 Mufflers or underwater exhaust systems, requirements and enforcement 79A.60.130 Oil pollution, See WATER POLLUTION CONTROL, subtitle Oil pollution control Operating steamboat while intoxicated, penalty 9.91.020 Personal flotation devices inspection and approval 79A.60.140 penalty for failure to carry 79A.60.160 Personal watercraft, prohibited activities 79A.60.190 Puget Sound small boat facilities 79A.05.185 Recreational vessels, regulation Ch. 79A.60 Registration confidentiality for law enforcement purposes 88.02.035 credit or debit cards, payment of fees 46.01.235 derelict vessel removal surcharge 88.02.270 exceptions 88.02.030 false statements, penalty 88.02.055 federal boat safety act 88.02.025 fees, allocation 88.02.040, 88.02.045 fees, collection and disposition 46.01.140 inspection by enforcement officers 88.02.090 issuance and collection of fees 88.02.040, 88.02.050 number and decal display 88.02.020 refunds of overpayments 88.02.055 rented vessels 88.02.028 suspension for noncompliance with support order 88.02.189 violations and penalties 88.02.110 voluntary donations for maritime historic restoration and preservation 88.02.052 watercraft excise tax 88.02.050 Rented vessels, registration 88.02.028 Retail installment contracts service charge 63.14.130 Safety education account, boating safety education certification 79A.60.650 commission’s duties 79A.60.630 requirements to operate motor driven boats 79A.60.640 Sewage pumpout or dump units location and installation 79A.60.530, 79A.60.540, 79A.60.550 sewage disposal initiative 79A.60.510 Sewage pumpout or dump units, funding 79A.60.590 State ship 1.20.160 Teak surfing, platform dragging, bodysurfing restrictions, penalty 79A.60.660 Trailers boat trailers fee to be deposited in freshwater aquatic weeds account 46.16.670 Vessels adrift, notification and claims 79A.60.230, 79A.60.240, 79A.60.250, 79A.60.260, 79A.60.270, 79A.60.280, 79A.60.290, 79A.60.300 Violations and penalties assault by watercraft 79A.60.060 (2008 Ed.) criminal and civil violations 79A.60.020 eluding law enforcement vessel 79A.60.090 enforcement to supplement federal laws 79A.60.100 failure to stop for law enforcement officer 79A.60.080 hit and run 79A.60.200 homicide by watercraft 79A.60.050 lights or signals, tampering with prohibited 79A.60.120 negligent operation 79A.60.030 reckless operation 79A.60.040 Water pollution, See WATER POLLUTION CONTROL Water skiing safety 79A.60.170 Watercraft excise tax 88.02.050 Watercraft excise tax imposed Ch. 82.49 Waterway access facilities 79A.60.510 Waterway marking system 79A.60.500 Waterways access facilities, funding 79A.60.590 Wharves, docks, and landings Ch. 88.24 Whitewater passenger vessels, See WHITEWATER RAFTING BODIES (See HUMAN REMAINS) BODY CAVITY SEARCHES (See ARREST, subtitle Strip, body cavity searches) BOILERS AND PRESSURE VESSELS Appeals of board determinations 70.79.360 Board of boiler rules compensation and travel expenses 70.79.020 duties 70.79.030 meetings 70.79.010 membership and terms 70.79.010 Construction, installation 70.79.060 Damages, insurance covering, See INSURANCE, subtitle Casualty insurance Exemptions from law enumeration 70.79.080, 70.79.090 local regulation prohibited 70.79.095 Existing installations 70.79.070 Hydrostatic tests 70.79.270 Inspections certificate contents 70.79.290 invalidated by insurance termination 70.79.300 operating without certificate, penalty 70.79.320 suspension, reinstatement 70.79.310 during construction 70.79.280 fee schedule 70.79.330 fees pressure system safety fund, uses 70.79.350 receipts, disposition 70.79.350 frequency, grace period 70.79.250 frequency modification 70.79.260 hydrostatic tests 70.79.270 scope, frequency 70.79.240 Inspectors access to premises 70.77.230 chief 70.79.100, 70.79.110 compensation 70.79.140 deputy inspectors 70.79.120 duties and fees 70.79.150 examinations 70.79.170 lost or destroyed certificate or commission 70.79.200 performance bond 70.79.210 qualifications and commission 70.79.130 reports 70.79.160 suspension, revocation, appeal 70.79.190 who shall make 70.79.220 Miniature hobby boilers special permits 70.79.070 Operating without spark arresters 9.40.040 Rules and regulations for 70.79.040, 70.79.050 Special installation 70.79.060 Special operating permits 70.79.060 Steam, liability for negligent use 70.54.080 BOMB THREATS (See also CRIMES, subtitle Government property, bomb threats) Hoax no defense 9.61.160 Prohibited 9.61.160 BONA FIDE HOLDER Certified check, rights 30.16.010 Negotiable instruments, See NEGOTIABLE INSTRUMENTS, subtitle Holders in due course BONA FIDE PURCHASER (See GOOD FAITH PURCHASER) BOND ISSUES (See also HOSPITAL PROJECT BONDS; SECURITIES) Agate Pass bridge Ch. 47.10 Airports, municipal 14.08.090, 14.08.112, 14.08.114 Alternative method of issuance 39.46.150, 39.46.160 Appropriations, financing Ch. 43.99I, Ch. 43.99J, Ch. 43.99K, Ch. 43.99L, Ch. 43.99P, Ch. 43.99Q, Ch. 43.99R, Ch. 43.99S, Ch. 43.99T Bond retirement accounts Ch. 43.99M Bridge districts, investment of mutual savings banks in 32.20.110 Canada insurance companies, investment in 48.13.180 mutual savings banks, investment in 32.20.030 savings and loan associations, investment in 33.24.020 statewide city employees’ retirement system funds, investment in 41.44.100 Capital improvements, 1967-1969 bond issue bonds authorization 43.83.090 general obligation of the state 43.83.090 issuance, sale, form, term, etc. 43.83.090 legislature may provide additional sources of funds 43.83.096 source of funds to repay, sales tax 43.83.094 state finance committee, duties 43.83.090 capital improvement, defined 43.83.102 capital project, defined 43.83.102 election, referral to the people 43.83.104 general obligation bonds authorized 43.83.090 legislature may provide additional sources of funds to repay bonds 43.83.098 referendum, act is subject to approval of voters 43.83.104 state building and higher education bond retirement fund creation 43.83.094 sources of funds, sales tax, continuation of levy 43.83.094 state finance committee, duties concerning bonds 43.83.090 Capital improvements, 1973 bond issue anticipation notes, proceeds from sale of bonds 43.83.114 bond redemption fund, payment of principal and interest on general obligation bonds 43.83.118 charges against state agencies to reimburse general fund 43.83.120 general obligation bonds authorized 43.83.110 requirements of issue 43.83.118 legal investment for state and other public bodies 43.83.124 legislature may provide additional means for payment 43.83.122 proceeds from sale, deposit in state building construction account 43.83.116 state finance committee, powers and duties 43.83.112 Capital improvements, 1975 bond issue administration of proceeds from sale 43.83.136 anticipation notes 43.83.134 [RCW Index—page 53] BOND ISSUES bond redemption fund, payment of principal and interest 43.83.138 charges against state agencies to reimburse general fund 43.83.142 general obligation bonds, authorized 43.83.130 general obligation of state, rights of bond holders 43.83.140 legal investment for public funds 43.83.146 legislature may provide additional means for payment 43.83.144 powers and duties of state finance committee 43.83.132 Capital improvements, 1979 bond issue bonds additional means for payment of 43.83.166 anticipation notes, authorized deposit of 43.83.154 authorized 43.83.150 form, terms, conditions 43.83.152 legal investment for public funds 43.83.168 proceeds administration of 43.83.156 deposit of 43.83.154 retirement of, requirements 43.83.158 severability 43.83.170 Capital improvements, 1983 bond issue administration of proceeds 43.83.188 authorized 43.83.184 bondholders remedies 43.83.190 deposit of proceeds in state building construction account 43.83.186 legal investment for public funds 43.83.194 pledge and promise 43.83.190 retirement of 43.83.190 alternative means 43.83.192 Capital improvements, 1984 bond issue corrections department 43.83.198 additional means for payment of bonds 43.83.206 administration of proceeds 43.83.202 deposit of proceeds in the state building construction account 43.83.200 retirement of bonds, pledge and promise, remedies 43.83.204 legal investment for public funds 43.83.208 marine vessel, etc., for corrections department 43.83.198 additional means for payment of bonds 43.83.206 administration of proceeds 43.83.202 deposit of proceeds in the state building construction account 43.83.200 retirement of bonds, pledge and promise, remedies 43.83.204 Capital improvements, legislature, 1981 bond issue additional means of payment permitted 43.83.180 general obligation bonds, authorized 43.83.172 legal investment for public funds 43.83.182 proceeds administration of 43.83.176 deposit in state building construction account 43.83.174 retirement of, requirements 43.83.178 Capital projects general obligation bonds Ch. 43.99G, Ch. 43.99H Capitol building lands Ch. 79.24 Capitol facilities, revenue bonds—1969 refunding bonds—1974 general obligation, issuance, authorization 43.83F.010 state finance committee, powers and duties 43.83F.020 Cities and towns cities and towns under 20,000 35.37.040, 35.37.090, 35.37.110, 35.37.120 community renewals 35.81.100, 35.81.115 declaratory judgments 7.25.010 definitions 7.25.005 [RCW Index—page 54] eminent domain authority 8.12.390 bondholder’s remedy for nonpayment, limitations 8.12.450 collection, enforcement by bond owner 8.12.440 installment payment of assessments 8.12.420, 8.12.430 issuance, conditions 8.12.400 payment 8.12.460 sale, application of proceeds 8.12.410 energy or water conservation program revenue bonds 35.92.105 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 sufficiency 39.44.100 first class cities issue by proxy 35.36.010, 35.36.020, 35.36.030, 35.36.040, 35.36.050, 35.36.060, 35.36.070 transfer of funds 35.22.590 general obligation bonds public utility acquisitions 35.92.080 general obligation or revenue bonds, cities under 300,000, limitation on use of receipts 35.33.121 housing authorities 35.82.130 certification by attorney general 35.82.160 covenants and pledges of 35.82.150 form and sale 35.82.140 housing authority power in regard to 35.82.150 obligee’s remedies 35.82.170, 35.82.180 improvement bonds, payment from general revenues, procedure 35.45.065 improvement district bonds sanitary fills 35.73.070 street grades, sanitary fills 35.73.060 industrial development program Ch. 39.84 interest coupon interest payments on registered bonds 39.44.120 registration 39.44.120 local improvement lowland filling 35.55.120, 35.55.130, 35.55.140, 35.56.130, 35.56.140, 35.56.150 local improvement districts refunding bonds, limitations 35.45.170 as repayment for installment notes 35.45.155 local improvements, See also LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Cities and towns maturity 39.44.070 metropolitan park districts 35.61.190, 35.61.200 municipal revenue bond act Ch. 35.41 notices of sale maturity 39.44.070 nuclear, thermal, electric generating power facilities 54.44.040 parking facilities, off-street 35.86.020 parking commission 35.86A.090 public mass transportation system 39.33.050 public utilities 35.23.525 public utility acquisitions general obligation bonds 35.92.080 revenue bonds, lien against 35.92.100 refunding bonds authority to issue 39.52.010 bankruptcy readjustment and relief from debts Ch. 39.64 "corporate authorities", defined 39.52.050 indebtedness limitations not to be exceeded 39.52.020 tax levy to meet payments and interest 39.52.035 validation of prior issues 39.52.015 registered bonds, statements and signatures 39.44.102 registration of bonds principal payable to payee or assignee 39.44.110 treasurer as registration officer, designation of fiscal agent 39.44.130 registration of bonds and interest coupon interest payments 39.44.120 revenue bonds 35.41.030 energy or water conservation programs 35.92.105 public utility acquisitions 35.92.100 sewerage systems 35.67.140, 35.67.150, 35.67.160, 35.67.170, 35.67.180, 35.67.194 sanitary fills, improvement district bonds 35.73.070 statewide city employees’ retirement system funds, investment in 41.44.100 street grades, sanitary fills, improvement district bonds 35.73.060 subway construction 35.85.070 tunnel construction 35.85.070 United States, sale of bonds to at private sale Ch. 39.48 use to finance pedestrian malls 35.71.060 utility bonds, refunding with general obligation funding bonds Ch. 39.52 water redemption bonds Ch. 35.89 waterworks, refunding with general obligation funding bonds Ch. 39.52 world fairs or expositions, participation in 35.60.030 Cities and towns, public facilities districts authorized to acquire and operate regional centers Ch. 35.57 Cities and towns under 300,000, expenditures from proposed in budget 35.33.031 Colleges and universities anticipation notes, authorized, purposes 28B.10.852 bond redemption fund of 1973 28B.10.853 bonds for buildings and facilities—1957 act definitions 28B.20.705 interest, terms, form 28B.20.715 powers of regents 28B.20.710 purpose 28B.20.700 capital improvements 28B.10.850 capital improvements—1974 act Ch. 28B.13 capital improvements—1975 act Ch. 28B.14 capital improvements—1977 act Ch. 28B.14B capital improvements—1979 act Ch. 28B.14D, Ch. 28B.14E capital improvements—1983 act Ch. 28B.14F capital improvements and land acquisition— 1984 act Ch. 28B.14F capital improvements—1981 c 232 Ch. 28B.14F capital improvements—1981 c 233 Ch. 28B.14G community and technical colleges capital projects—1976 act Ch. 28B.59 capital projects—1977 act Ch. 28B.59B capital projects—1979 act Ch. 28B.59C capital projects—1981 act Ch. 28B.59D facilities aid—1972 act Ch. 28B.56 general capital projects—1975 act Ch. 28B.58 special capital projects—1975 act Ch. 28B.57 generally 28B.10.300 legislature may provide additional means of revenue 28B.10.854 proceeds, deposit in state higher education construction account 28B.10.851 refunding—1977 act Ch. 28B.14C validation of prior bond issues 28B.10.335 Washington’s future bond issue Ch. 28B.14H Community and technical colleges authority 1974 act refunding authority 28B.50.403 legal investment for public funds 28B.50.407 (2008 Ed.) BOND ISSUES payment 28B.50.406 retirement fund, created, use 28B.50.405 state finance committee consent 28B.50.409 additional incidental powers 28B.50.380 bonds, form, term, sale, etc. 28B.50.350 community and technical college bond retirement fund declaration that bonds are no longer outstanding 28B.50.401 source of funds 28B.50.370 transfer of moneys to general fund 28B.50.402 community and technical college capital projects account creation, use, deposit of tuition 28B.50.360 legislature may provide additional sources 28B.50.400 limited obligation, nature of bonds 28B.50.400 pledge to collect building fees for payment of bonds 28B.50.370 procedures, repayment 28B.50.330 refunding 28B.50.390 general obligation, 1974 act applicable law, security 28B.50.404 repayment 28B.50.340, 28B.50.370 Washington’s future bond issue Ch. 28B.14H Community and technical colleges funds, depositaries, surety bonds 28B.50.320 Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Corporations can issue only for money, labor or property received Const. Art. 12 § 6 mutual savings banks, investment in 32.20.370 Corrections department, 1984 bond issue 43.83.198 Counties airports 14.08.112, 14.08.114 corporate bonds, not to own private corporation bonds Const. Art. 8 § 7 county hospitals 36.62.060, 36.62.070 declaratory judgments 7.25.010 definitions 7.25.005 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 sufficiency 39.44.100 highways—open spaces, issuance and submission of proposition to voters 36.89.040 indebtedness contracted 36.67.060 interest payment 36.67.070 maturity 39.44.070 industrial development program Ch. 39.84 interest coupon interest payments on registered bonds 39.44.120 registration 39.44.120 interest payments 36.67.070 investment of public funds in Ch. 43.84 juvenile detention facilities, bond issue for authorized 13.16.070 maturity 39.44.070 mutual savings banks, authorized investment for 32.20.070, 32.20.090 park and recreation districts general obligation bonds, limitations 36.69.140 public health and safety facilities 36.89.040 refunding bonds authority to issue 39.52.010 bankruptcy readjustment and relief from debts Ch. 39.64 "corporate authorities", defined 39.52.050 indebtedness limitations not to be exceeded 39.52.020 tax levy to meet payments and interest 39.52.035 validation of prior issues 39.52.015 (2008 Ed.) registered bonds, statements and signatures 39.44.102 registration of bonds principal payable to payee or assignee 39.44.110 treasurer as registration officer, designation of fiscal agent 39.44.130 registration of bonds and interest coupon interest payments 39.44.120 roads and bridges, See COUNTY ROADS AND BRIDGES, subtitle Bond issues savings and loan associations, investment in 33.24.050, 33.24.060, 33.24.070 sewerage, water and drainage systems, counties general obligation, revenue, improvement district bonds 36.94.200 revenue and general obligation bonds 36.94.210 statewide city employees’ retirement system funds, investment in 41.44.100 storm water control facilities 36.89.040, 36.89.100 rates and charges, county imposition in annexed or incorporated areas 36.89.120, 36.94.470 utility local improvement districts, special assessment authority 36.89.110 transportation, department of, county assistance 36.76.140 United States, sale of bonds to at private sale Ch. 39.48 County park and recreation service areas 36.68.480 County road improvement districts, See COUNTY ROADS AND BRIDGES, subtitle County road improvement districts Court commissioners’ power to approve 2.24.040 Cremation of bonds, by fiscal agencies 43.80.130 Declaratory judgments as to validity 7.25.010 Definitions 7.25.005 Department of fisheries 1976 fisheries bond retirement fund, created 43.83I.050 anticipation notes, authorized 43.83I.020 certification of annual payment requirement 43.83I.050 fisheries capital projects account, created 43.83I.040 general obligation bonds authorized 43.83I.010 issuance 43.83I.010 legal investment for public funds 43.83I.060 term 43.83I.010 proceeds of sales 43.83I.040 state finance committee authority 43.83I.030 Depositaries, community and technical college boards of trustees, funds of colleges 28B.50.320 Diking and drainage improvement districts excess and extraordinary expenditures 85.16.180 maintenance assessments 85.16.030 Diking districts, See DIKING AND DRAINAGE, subtitle Diking districts Drainage districts, See DIKING AND DRAINAGE, subtitle Drainage districts Drainage systems generally 85.05.078 Drainage systems, See also DIKING AND DRAINAGE East capitol site, 1969 refunding bonds—1974 general obligation, issuance authorization 43.83F.010 state finance committee, powers and duties 43.83F.020 Elections to authorize counties canvass 39.40.030 certification of result 39.40.030 existing election laws apply 39.40.020 vote required 39.40.010 metropolitan park districts canvass 39.40.030 certification of result 39.40.030 existing election laws apply 39.40.020 vote required 39.40.010 port districts canvass 39.40.030 certification of result 39.40.030 existing election laws apply 39.40.020 vote required 39.40.010 Emergency public works Ch. 39.28 Eminent domain by cities bondholder’s remedy for nonpayment, limitations 8.12.450 collection, enforcement by bond owner 8.12.440 installment payment of assessments 8.12.420, 8.12.430 payment 8.12.460 sale, application of proceeds 8.12.410 Eminent domain by city or town authority 8.12.390 issuance, conditions 8.12.400 Energy financing voter approval act cost-effectiveness priorities 80.52.080 definitions 80.52.030 election approval required bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 purpose 80.52.020 short title 80.52.010 Facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 Ferries, See also BOND ISSUES, subtitle State ferries; ferries Fire protection districts, See FIRE PROTECTION DISTRICTS, subtitle Fiscal matters Fiscal agencies appointment 43.80.110 registered bond duties 43.80.125 Fish and wildlife, department of, 1983 bond issue administration of proceeds 43.83I.188 Fisheries, department of, 1977 bond issue anticipation notes, authorized 43.83I.110 bond retirement fund, created 43.83I.140 general obligation bonds authorized 43.83I.100 issuance, sale 43.83I.100 legal investment for public funds 43.83I.150 proceeds from sale, administration of 43.83I.130 state finance committee, powers and duties 43.83I.120 Fisheries, department of, 1981 bond issue anticipation notes, authorized 43.83I.174 form, term, conditions 43.83I.176 legal investment for public funds 43.83I.182 legal obligation bonds, authorized 43.83I.172 proceeds, deposit of 43.83I.178 retirement of bonds from 1977 fisheries bond retirement fund 43.83I.180 Fisheries, department of, 1983 bond issue authorized 43.83I.184 deposit of proceeds 43.83I.186 legal investment for public funds 43.83I.194 retirement of 43.83I.190 alternative method 43.83I.192 Fisheries facilities—1979 anticipation notes, authorized 43.83I.162 authorization 43.83I.160 form, terms, conditions 43.83I.164 legal investment for public funds 43.83I.170 retirement of, procedure 43.83I.168 Flood control districts, generally, See FLOOD CONTROL, subtitle Districts—1937 act Flood hazard mitigation Ch. 43.99U [RCW Index—page 55] BOND ISSUES Funding or refunding bonds or notes, authority of state finance committee to issue 43.75.200 General obligation bonds forms, terms, covenants, etc., sale, redemption 43.75.205 legal investment for state and other public body funds 43.75.235 local government notice of intent to sell 39.46.120 payment of, legislature may provide additional means 43.75.230 redemption, enforcement 43.75.215 Handicapped facilities Ch. 43.99C Higher education, institutions of legal investment for state and municipal funds 28B.10.855 Highways, See HIGHWAYS, subtitle Bond issues Highways—Open spaces, issuance and submission of proposition to voters 36.89.040 Housing finance commission disposition of proceeds 43.180.170 disposition of revenues 43.180.180 legal investments 43.180.190 not debt of state 43.180.030 terms, issuance 43.180.150 Housing for state offices, departments and institutions Ch. 43.82 I-90 completion—1979 act administration and amount of bond sales 47.10.791 alternate use permitted limitations 47.10.790 appropriation, expenditure limitation 47.10.799 charge against fuel tax revenues 47.10.798 excess funds, early retirement, authorized 47.10.796 excise taxes, pledge of 47.10.793 general obligation, declaration 47.10.793 issuance authorized, amount, limitations 47.10.790 legal investment for public funds 47.10.797 motor vehicle fund, priority of payment from 47.10.794 proceeds, deposit, use 47.10.792 repayment procedure 47.10.795 severability 47.10.800 Indian cultural, educational, tourist, and economic development facility anticipation notes, authorized 37.14.020 bond holders, remedies 37.14.040 bonds authorized, issuance, sale, terms 37.14.010 legal investment for public funds 37.14.050 proceeds, administration of 37.14.030 severability clause 37.14.900 Industrial development revenue bonds authorized Const. Art. 32 § 1 commingling with municipal funds prohibited 39.84.130 community economic revitalization board authority 39.84.200 default, procedures to be taken 39.84.160 definitions 39.84.020 department of community, trade, and economic development responsibilities 39.84.090 facility revenue sufficiency requirement 39.84.150 issuance requirements 39.84.100 legislative finding and declaration 39.84.010 public corporations audit by state 39.84.070 board of directors conflict of interest 39.84.050 establishment 39.84.040 creation 39.84.030 dissolution 39.84.030 eligibility determination by department of community, trade, and economic development 39.84.090 [RCW Index—page 56] limitations 39.84.060 powers 39.84.080 public corporations authorized to transfer unencumbered funds to creating municipality 39.84.130 refunding 39.84.110 subleases and assignments 39.84.140 trust agreements 39.84.120 Insurance companies, See INSURANCE, subtitle Investments Interest county road improvement district bonds 36.88.140 revenue bonds, issuance at greater interest rate than that contained in ballot, ordinance or resolution, authorized 39.90.050 Interstate highways, category A, category C improvements—1981 act bond proceeds, deposit, use 47.10.803 excess funds, use 47.10.807 general obligation statement, excise tax pledge 47.10.804 issuance authorized, amounts, limitations 47.10.801 legal investment for public funds 47.10.808 repayment funds, designation 47.10.805 repayment procedures, bond retirement fund 47.10.806 sales procedure, amounts, limitations 47.10.802 severability 47.10.811 subject and subsequent bonds equal charges against pledged fuel tax revenues 47.10.809 Irrigation districts elections 87.03.200 generally 87.03.200 limitation of actions on 4.16.060 Irrigation districts, See also IRRIGATION DISTRICTS, subtitle Fiscal matters Issuance alternative method 39.46.100 definitions 39.46.020 issuer authorized to establish lines of credit 39.46.050 issuer to determine amount, terms, conditions, interest 39.46.040 payment of costs of issuance and sale 39.46.070 purpose of chapter 39.46.010 reproduction of physical instrument 39.46.060 Jail improvement and construction administered by state jail commission 70.48.280 legal investment for public funds 70.48.320 principal and interest payment, source 70.48.310 proceeds, deposit, use 70.48.270 Jail improvement and construction—1981 authorization, amount, uses 70.48A.020 interest, principal payment 70.48A.070 legal investment for public funds 70.48A.080 legislative declaration 70.48A.010 legislative intent 70.48A.090 proceeds administration by jail commission 70.48A.040 deposit, use 70.48A.030 sale price of bonds 70.48A.050 severability 70.48A.900 state’s full faith and credit pledge 70.48A.060 Joint operating agencies 43.52.3411 bidding 43.52.343 negotiation or advertisement of 43.52.343 powers as to 43.52.3411 sale by negotiation or advertisement and bid 43.52.343 Juvenile correctional institution in King county, See CORRECTIONAL INSTITUTIONS, subtitle Juvenile correctional institution in King county Libraries and library districts 27.12.222, 27.12.223 Liens against nonpayment or underpayment of wages by public works contractor 39.12.050 wages, nonpayment or underpayment by public works contractor 39.12.050 Local government alternative method of issuance 39.46.150, 39.46.160 notice of intent to sell general obligation bonds 39.46.120 Local government bond information rule adoption 43.63A.155 submittal to department of community, trade, and economic development publication 43.63A.155 Local government general obligation bonds payment 39.46.110 Local improvements mutual savings banks, investment in 32.20.120 savings and loan associations, investment in 33.24.080 statewide city employees’ retirement system funds, investment in 41.44.100 Loss or destruction of bond cancellation of original 39.72.020 issuance of duplicate 39.72.010 notification of fiscal officers 39.72.020 records to be kept 39.72.020 Maturity county, city and town, school district, port district, metropolitan park district bonds 39.44.070 Metropolitan municipal corporations general obligation bonds authorized 35.58.450 limitation on indebtedness 35.58.450 public mass transportation system 39.33.050 Metropolitan park districts elections to authorize certification of result 39.40.030 vote required 39.40.010 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 interest, payment of 35.61.200 maturity 39.44.070 registered bonds, statements and signatures 39.44.102 retirement 35.61.190 revenue bonds, issuance and sales, authorization 35.61.115 United States, sale of bonds to at private sale Ch. 39.48 Multi-purpose community centers general obligation bonds 35.59.060 revenue bonds 35.59.070 Municipal airports funding or refunding bonds 14.08.114 issuance of authorized, security 14.08.090 revenue bonds 14.08.112 Municipal corporations declaratory judgments 7.25.010 definitions 7.25.005 not to own bonds of private corporations Const. Art. 8 § 7 United States, sale of bonds to at private sale Ch. 39.48 Municipal corporations, See also MUNICIPAL CORPORATIONS, subtitle Short-term obligations Nonliability of treasurer for funds remitted to fiscal agencies for payment of bonds 43.80.150 Notice of intent to sell general obligation bonds local governments 39.46.120 Nuclear, thermal, electric generating power facilities, joint development 54.44.040 Outdoor recreational areas and facilities Ch. 43.99A, Ch. 43.99B Outdoor recreational facilities Ch. 79A.10 (2008 Ed.) BOND ISSUES Outdoor recreational facilities bond issue, See PARKS AND RECREATION, subtitle Outdoor recreational facilities bond issue Park and recreation districts general obligation bonds, limitations 36.69.140 revenue bonds, See PARK AND RECREATION DISTRICTS, subtitle Revenue bonds Payment on bonds when no fiscal agency is appointed 43.80.120 Performing arts facilities, Olympia, Tacoma 43.31.956, 43.31.960, 43.31.962, 43.31.964 Port districts facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 industrial development program Ch. 39.84 interest registered bonds 39.44.120 registration 39.44.120 maturity 39.44.070 registered bonds, statements and signatures 39.44.102 registration of bonds county treasurer as registration officer, designation of fiscal agent 39.44.130 principal payable to payee or assignee 39.44.110 registration of bonds and interest coupon interest payments 39.44.120 registration of interest 39.44.120 toll facilities, See PORT DISTRICTS, subtitle Toll facilities training, education, and improvement funding 39.84.170 United States, sale of bonds to at private sale Ch. 39.48 Public facilities districts 36.100.200 Public hospital districts 70.44.110, 70.44.130 Public mass transportation system, general revenue and general obligation bonds, authorized 39.33.050 Public utility districts nuclear, thermal, electric generating power facilities 54.44.040 Public utility districts, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Public waterway districts, See PUBLIC WATERWAY DISTRICTS Puget Sound ferry and toll bridge system, See PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM Purchase of bridges or ferries by transportation department, bond issue authorized for financing of 47.56.050 Readjustment of debts in bankruptcy, for Ch. 39.64 Recreation improvements anticipation notes, pledge, promise, seal 43.83C.080 bondholders remedies 43.83C.090 general obligation bonds appropriation required 43.83C.020 authorized 43.83C.020 conditions 43.83C.070 form 43.83C.070 issuance 43.83C.020 legal investment for public funds 43.83C.110 sale of 43.83C.020 proceeds from administration of 43.83C.040 use of 43.83C.040 terms 43.83C.020, 43.83C.070 legislature may provide additional moneys 43.83C.100 recreation improvements bond redemption fund retirement of bonds 43.83C.090 (2008 Ed.) source of funds 43.83C.090 Refunding bond act authorization 39.53.040 bonds that may be refunded 39.53.040 contracts for safekeeping of proceeds 39.53.070 definitions 39.53.010 disposition of reserves to secure bonds to be refunded 39.53.050 electric power contracts, amendments to reflect savings resulting from refunding 39.53.130 exchanges 39.53.030 expenses of issuance 39.53.060 general obligation bond retirement, use of deposit moneys and investments in computing indebtedness 39.53.100 issuance authorized 39.53.020 issuance of bonds in combination 39.53.110 issuance of bonds to be in accordance with applicable laws 39.53.120 issuance to refund general obligation or revenue bonds 39.53.140 maturities of bonds issued to refund voted general obligation bonds 39.53.090 ordinances, contents 39.53.040 payment of bonds, pledge 39.53.070 principal amount 39.53.050 proceeds of sale 39.53.060, 39.53.070 purposes 39.53.020 redemption times 39.53.040 revenues for payment, pledge 39.53.080 sale, manner 39.53.030 special assessments not subject to refunding 39.53.045 trustee appointment 39.53.070 Refunding bonds cities and towns Ch. 39.52 counties Ch. 39.52 Refunding bonds—1974 capitol facilities, revenue bonds—1969 general obligation 43.83F.040 legal investment for public funds 43.83F.060 payment of principal and interest, additional methods authorized 43.83F.050 proceeds, use of, investment limitations 43.83F.030 state building refunding bond redemption fund, payment procedure 43.83F.040 state finance committee, powers and duties 43.83F.020 east capitol site-1969 general obligation 43.83F.040 state building refunding bond redemption fund, payment procedure 43.83F.040 east capitol site—1969 legal investment for public funds 43.83F.060 payment of principal and interest, additional methods authorized 43.83F.050 proceeds, use of, investment limitations 43.83F.030 state finance committee, powers and duties 43.83F.020 Registered bonds appointment of fiscal agencies 43.80.125 Registration coupon interest payments 39.44.120 principal payable to payee or assignee 39.44.110 statements and signatures 39.44.102 treasurers as registration officers, designation of fiscal agent 39.44.130 Registration of ownership, requirements alternative method 39.46.100 definitions 39.46.020 fiscal agencies and agents 39.46.030 issuer authorized to establish lines of credit 39.46.050 issuer to determine amount, terms, conditions, interest 39.46.040 payment of costs of issuance and sale 39.46.070 purpose of chapter 39.46.010 registration system 39.46.030 reproduction of physical instrument 39.46.060 Revenue bonds funds for reserve purposes may be included 39.44.140 issuance at greater interest rate than rate restriction, authorized 39.90.050 River and harbor improvement districts, See RIVER AND HARBOR IMPROVEMENT DISTRICTS, subtitle Fiscal matters Sale of to United States at private sale Ch. 39.48 amortization 39.48.020 chapter optional 39.48.040 "issuer", defined 39.48.030 Salmon enhancement facilities Ch. 77.90 Savings and loan associations investing in, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Investments School districts investment of school funds in Const. Art. 16 § 5 Schools and school districts credit enhancement program Ch. 39.98 facilities, generally Ch. 28A.525 skill centers Ch. 28A.527 Sewer districts, See WATER-SEWER DISTRICTS, subtitle Bond issues Sewerage, water and drainage systems, counties general obligation, revenue, improvement district bonds 36.94.200 revenue and general obligation bonds 36.94.210 Sinking fund, trust companies, power to receive and manage 30.08.150 Social and health services facilities anticipation notes, pledge, promise, seal 43.83D.080 bondholders remedies 43.83D.090 general obligation bonds appropriation required 43.83D.020 authorized 43.83D.020 conditions 43.83D.070 form 43.83D.070 issuance 43.83D.020 legal investment for public funds 43.83D.110 sale of 43.83D.020 proceeds from administration of 43.83D.040 deposited in state and local improvements revolving account 43.83D.030 use of 43.83D.040 terms 43.83D.020, 43.83D.070 legislature may provide additional moneys 43.83D.100 social and health services facilities bond redemption fund retirement of bonds 43.83D.090 source of funds 43.83D.090 Social and health services facilities, 1975-76 bond issue bond holders remedies 43.83H.050 general obligation bonds appropriation required 43.83H.010 authorized 43.83H.010 issuance, sale 43.83H.010 legal investment for public funds 43.83H.060 proceeds from sale, deposit of 43.83H.030 proceeds from sale, administration of 43.83H.040 redemption fund, created 43.83H.050 retirement of bonds, source 43.83H.050 severability 43.83H.900 "social and health services facilities", defined 43.83H.020 Social and health services facilities, 1977 bond issue anticipation notes, authorized 43.83H.120 bond holders remedies 43.83H.140 general obligation bonds authorized 43.83H.100 [RCW Index—page 57] BOND ISSUES issuance, sale 43.83H.100 legal investment for public funds 43.83H.150 proceeds from sale, administration of 43.83H.130 redemption fund, created 43.83H.140 retirement of bonds, source 43.83H.140 "social and health service facilities", defined 43.83H.110 Social and health services facilities, 1979 bond issue anticipation notes, authorized deposit of 43.83H.164 authorization 43.83H.160 facilities, defined 43.83H.162 legal investment for public funds 43.83H.170 proceeds administration of 43.83H.166 deposit of 43.83H.164 retirement of, procedure 43.83H.168 severability 43.83H.912 Social and health services facilities, 1981 bond issue facilities, defined 43.83H.174 general obligation bonds authorized 43.83H.172 legal investment for public funds 43.83H.182 proceeds administration of 43.83H.178 deposit of 43.83H.176 retirement of, requirements 43.83H.180 Social and health services facilities, 1984 bond issue additional means of payment 43.83H.192 administration of proceeds 43.83H.188 authorized, issuance, appropriation required 43.83H.184 deposit and use of proceeds 43.83H.186 retirement of bonds, pledge and promise, remedies of bondholders 43.83H.190 Special assessments refunding, not subject to 39.53.045 Stadium and exhibition center bond issue Ch. 43.99N State bonds, notes and other evidences of indebtedness, See STATE facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 highway, See HIGHWAYS, subtitle Bond issues housing for state offices, departments and institutions Ch. 43.82 institutions, See STATE INSTITUTIONS, subtitle Bond issues investment of public funds in state bonds Ch. 43.84 registered bonds, statements and signatures 39.44.102 statewide city employees’ retirement system funds, investment in 41.44.100 State and local government bond information annual report to department of community, trade, and economic development 39.44.210 definitions 39.44.200 submittal to department of community, trade, and economic development contents 39.44.210, 39.44.230 validity of bonds not affected by failure to file 39.44.240 State capitol capital improvement bond issue Ch. 43.83 housing for state offices, departments and institutions Ch. 43.82 State finance committee, general obligation bonds forms, terms, covenants, etc., sale, redemption 43.75.205 redemption, enforcement 43.75.215 [RCW Index—page 58] State fiscal agent, See FISCAL AGENTS State general obligation bond retirement fund bonds prohibited from payment from fund 43.83.164 created, purpose 43.83.160 separate accounting records for each bond issue 43.83.162 State toll bridges 47.56.140 Tax levies for county refunding bonds 39.52.035 Taxing district relief act Ch. 39.64 Taxing districts, declaratory judgments 7.25.010 Toll bridges, See also BRIDGES, subtitle State toll bridges Toll facilities, bond issues authorized for, generally 47.56.070 Toll roads, See HIGHWAYS, subtitle Toll roads Toll tunnels, See TUNNELS, subtitle Toll tunnels Transportation, department of construction, commission powers and duties relating to Ch. 47.10 county assistance 36.76.140 Transportation, See HIGHWAYS; TRANSPORTATION Transportation projects in urban areas, See TRANSPORTATION IMPROVEMENT BOARD, subtitle Bond issues Trust companies holder’s right to full payment 30.08.150 power to act as to 30.08.150 power to buy, sell, invest in 30.08.150 report of bond liability, collateral required 30.08.160 United States sale to at private sale Ch. 39.48 statewide city employees’ retirement system funds, investment in 41.44.100 University of Washington hospital amount authorized 28B.20.751 authorized 28B.20.750 authorized, payment 28B.20.752 bond retirement fund 28B.20.756 form, terms, conditions, sales, and covenants 28B.20.753 legal investment for public funds 28B.20.758 payment, accumulation of moneys 28B.20.757 prerequisites to issuance 28B.20.759 proceeds, administration 28B.20.755 proceeds, disposition 28B.20.754 University of Washington hospital, See UNIVERSITY OF WASHINGTON HOSPITAL, subtitle Bond issues Unredeemed bonds, return of funds to treasurer by fiscal agencies 43.80.160 Urban arterial, county and city arterials authorization, amounts 47.26.420 bond proceeds, deposit, use 47.26.423 general obligation statement, pledge of excise taxes 47.26.424 repayment of procedure 47.26.426 sales, legal investment for public funds 47.26.422 series II, 1979 reenactment priority of charge against fuel tax revenue 47.26.4255 repayment sources, priority 47.26.4252 series III repayment 47.26.4254 terms, conditions 47.26.421 Urban transportation projects, See TRANSPORTATION IMPROVEMENT BOARD, subtitle Bond issues Validation bonds authorized prior to April 3, 1982 39.44.900 refunding bonds of counties and cities and towns 39.52.015 Washington State University tree fruit research center alternative financing authorized 28B.30.620 amount, general obligation, authorized, condition 28B.30.600 anticipation notes, authorized 28B.30.604 financing bonds, redemption fund, created, use 28B.30.610 general obligations of the state 28B.30.608 issuance, sale, retirement, state finance committee 28B.30.602 lease with general services administration prerequisite to sale 28B.30.614 legal investment for public funds 28B.30.618 methods of payment 28B.30.616 owners’ and holders’ rights 28B.30.612 proceeds, administration 28B.30.606 Waste disposal facilities Ch. 43.99F anticipation notes, pledge, promise, seal 43.83A.080 appropriation 43.83A.900 bondholders remedies 43.83A.090 general obligation bonds appropriation required 43.83A.020 authorized 43.83A.020 conditions 43.83A.070 form 43.83A.070 issuance 43.83A.020 proceeds of sale administration of 43.83A.040 deposit 43.83A.030 use of 43.83A.040 sale of 43.83A.020 terms 43.83A.020, 43.83A.070 legal investment for public funds 43.83A.110 legislature may provide additional moneys 43.83A.100 waste disposal facilities bond redemption fund retirement of bonds from 43.83A.090 source of funds 43.83A.090 Water supply facilities Ch. 43.99D, Ch. 43.99E Water-sewer districts Ch. 57.20 BONDS (See also BOND ISSUES; SECURITIES; SURETIES) Absconding debtors, See BONDS, subtitle Ne exeat Actions on attachment proceedings 6.25.100 forcible entry and detainer 59.12.090, 59.12.091, 59.12.100, 59.12.110 former personal representative 11.48.120 injunctions 7.40.080, 7.40.090 limitation of action on, tolling by part payment 4.16.270 official bonds 42.08.020, 42.08.030, 42.08.040, 42.08.080 partition proceedings 7.52.460 probate, suit on bond of former personal representative 11.48.120 several actions where joinder possible, recovery of costs limited 4.84.050 Adjutant general 38.12.010 Administrators and executors, See BONDS, subtitle Executors and administrators Adverse claims to property levied on 6.19.030, 6.19.040, 6.19.050, 6.19.060 Aircraft dealer’s licensing 14.20.070 Alien bank officers and employees 30.42.190 Appeal bonds actions against state 4.92.030 criminal cases 10.73.040 small claims action Ch. 12.36 Apple commission building 15.24.800, 15.24.802, 15.24.804, 15.24.806, 15.24.808, 15.24.810, 15.24.812, 15.24.814, 15.24.816, 15.24.818 Approval of court commissioners, temporary injunctions and restraining orders 2.24.040 Attachment action on actual damages 6.25.100 attorney fees 6.25.100 exemplary damages 6.25.100 amendment of 6.25.280 (2008 Ed.) BOND ISSUES amount 6.25.080 contents 6.25.080 filing 6.25.080 redeliver bonds requirements 6.25.190 required, when 6.25.080 sureties additional 6.25.090 affidavits of 6.25.080 insufficient 6.25.090 number 6.25.080 qualifications 6.25.080 unnecessary, when 6.25.080 Attorney general 43.10.010, 43.10.020 Auto transportation companies 81.68.060, 81.68.065 Bail bail bond agents Ch. 18.185 forfeiture action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 ne exeat 7.44.030 sureties liability 10.19.150 return of bond 10.19.140 surrender of person under bond 10.19.160 Bank deposit claimants 30.20.090, 30.22.220 Bank officers and employees 30.12.030 Cities and towns city manager 35.18.050 city treasurer, effect of depositary designation 35.38.050 commission form government 35.17.100 public depositaries 35.38.040 security to city or town 42.08.010 town officers 35.27.120 Cities and towns, public facilities districts authorized to acquire and operate regional centers Ch. 35.57 Cities and towns, See also BOND ISSUES, subtitle Cities and towns Civil action court may fix amount 4.44.470 money in lieu of 4.44.470 Clerk county 36.23.020 municipal court 35.20.210 Conservation bonds public utility conservation interests costs as bondable conservation investments 80.28.309 public utility conservation investments 80.28.306 Contractors county public works contracts, contractor’s bond 36.32.250 county road and bridge construction 36.77.040 highway construction 47.28.100, 47.28.110 irrigation districts 87.03.435 port districts 53.08.140 public works nonpayment or underpayment of wages constitutes lien against 39.12.050 public works, See also BONDS, subtitle Public works contractor surety requirements 18.27.040 Copies of record as evidence 5.44.060 Costs, security for 4.84.210 actions against state 4.92.080 judgment on 4.84.240 in lieu of separate security for costs 4.84.220 private ditches and drains, proceedings 85.28.030 standing bond for numerous actions 4.84.220 Counties, See BOND ISSUES, subtitle Counties County approval 42.08.100 filing 42.08.100 (2008 Ed.) insufficient bond, procedure 42.08.110, 42.08.120 security to county 42.08.010 County clerk 36.23.020 County commissioners 36.32.060 County officials amounts 36.16.050 filing 36.16.060 County road engineer 36.80.020 County roads and bridges contractor’s bond required 36.77.040 service districts 36.83.030, 36.83.040, 36.83.050, 36.83.060, 36.83.070 County sheriff 36.28.030 County treasurer amount 36.16.050 depositaries, effect 36.48.050 filing 36.16.060 Declaratory judgments, test of validity 7.25.010 Diking or drainage districts, commissioners 85.07.060 Economic development finance authority nonrecourse revenue bonds bond issuance and repayment, chapter constitutes alternative method 43.163.190 economic development activities 43.163.210 financing documents 43.163.150 issuance, terms, and conditions 43.163.130 legal investment, bonds constitute 43.163.180 manufacturing or processing activities 43.163.210 moneys received are trust funds 43.163.160 new product development 43.163.210 obligations of authority only, not of state 43.163.140 owners and trustees, enforcement of rights 43.163.170 payment of principal and interest only from special authority repayment fund 43.163.140 Examiner of titles 65.12.090 Executions adverse claims 6.19.030, 6.19.040, 6.19.050, 6.19.060 Executors and administrators nonresidents 11.36.010 may serve as, bond, service of papers, appointment of 11.36.010 release of surety from bond, notice to principal, effect 19.72.110, 19.72.130 special administrator 11.32.020 suit on bond of former executor or administrator 11.48.120 Exemptions from execution, personal exemption claimant to list 6.15.060 Facsimile signature, See BONDS, subtitle Uniform facsimile signature of public officials act Ferries, privately owned, licensee’s bond 36.53.050 Fidelity bank officers and employees 30.12.030 mutual savings bank officers and employees 32.16.120 savings and loan association officers and employees 33.16.130 trust company officers and employees 30.12.030 Fiduciaries, premiums as lawful expense 48.28.020 Flood control district officers 86.09.304, 86.09.307 Forcible entry or detainer actions 59.12.090, 59.12.091, 59.12.100, 59.12.110 Gambling, validity of bond as evidence of gambling debt 4.24.090 Geothermal resources, operators, performance bond or other security 78.60.130 termination, when 78.60.140 Guardianship, See GUARDIAN AND WARD, subtitle Bonds Health care service contractors, surety bonds 48.44.030 High capacity transportation systems bond retirement, pledge of revenues for 81.104.180 Higher education facilities authority, See HIGHER EDUCATION FACILITIES AUTHORITY Highway construction contractors 47.28.090, 47.28.100, 47.28.110 Indemnifying, sheriff, demand for 36.28.050 Industrial development revenue bonds, See COMMUNITY ECONOMIC REVITALIZATION BOARD, subtitle Industrial development revenue bonds Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Bonds Injunctions contempt for disobedience of injunction 7.40.170 damages and costs 7.40.080, 7.40.090 effect 7.40.130 public construction contracts 7.40.085 moral nuisances release of property to innocent owner 7.48.068 prevention of waste on public land 64.12.050 public construction contracts 7.40.085 Insurance commissioner 48.02.030 Insurance commissioner’s deputy 48.02.090 Insurance companies organization of insurers 48.06.110 Irrigation districts contractors 87.03.435 Issues, public, See BOND ISSUES Judicial, premiums as part of recoverable cost 48.28.030 Levy on personal property 6.17.190 joint property 6.17.180 partnership property 6.17.180 Library capital facility areas, organization, operation, and duties Ch. 27.15 Limitation of action, tolling by part payment 4.16.270 Local government bond information rule adoption 43.63A.155 submittal to department of community, trade, and economic development publication 43.63A.155 Local improvement districts cities and towns, procedure for cancellation of nonguaranteed bonds Ch. 35.47 sale of 35.45.040 Metropolitan park districts, See also BOND ISSUES, subtitle Counties Militia officers 38.12.010 Mobile home or travel trailer manufacturers 46.70.075 Motor freight carriers 81.80.250 Motor vehicle financial responsibility law, bond as proof of financial responsibility, See MOTOR VEHICLES, subtitle Financial responsibility law Motor vehicle wreckers 46.80.070, 46.80.100 Motor vehicles, certificates of title, registration department unsatisfied as to ownership 46.12.151 Municipal court clerks 35.20.210 judges 35.20.180 traffic violations bureau, director 35.20.131 Mutual savings bank officers and employees 32.16.120 Ne exeat bail bonds 7.44.030 damages and costs, covering 7.44.021 Nonrecourse bonds by governmental entities, authorized Const. Art. 32 § 1 Nuisances stay of warrant of abatement 7.48.040, 7.48.270 voluntary abatement of prostitution, assignation or lewdness 7.48.110 [RCW Index—page 59] BOND ISSUES Official actions upon judgment for one delinquency no bar 42.08.040 leave of court required, when 42.08.030 by person not named on bond, procedure 42.08.030 who may maintain 42.08.020, 42.08.080 additional bonds failure to give vacates office 42.08.120 force and effect of 42.08.140 procedure for requiring 42.08.120 when required 42.08.110 adjutant general 38.12.010 amount, establishment of 43.41.360 approval county officers’ bonds 42.08.100 county superintendent of schools’ bond 42.08.100 defective, effect 42.08.090 state officers’ bonds 42.08.100 township officers’ bonds 42.08.100 attorney general 43.10.010, 43.10.020 cities and towns, security to city or town 42.08.010 cities and towns with council-manager plan, city manager 35.18.050 city treasurer, effect of depositary designation 35.38.050 clerk of the district court 3.34.090 commission form of government 35.17.100 coroners 36.16.050, 36.16.060 county approval 42.08.100 filing 42.08.100 insufficient bond, procedure 42.08.110, 42.08.120 security to county 42.08.010 county clerk 36.23.020 county commissioners 36.32.060 county officers amounts 36.16.050 filing 36.16.060 county road engineer 36.80.020 amount 36.16.050 filing 36.16.060 county treasurer, depositaries, effect 36.48.050 defective, validation proceedings 42.08.090 deputy insurance commissioner 48.02.090 district court commissioner 3.34.090 district court personnel 3.34.090 district judge, district judge pro tempore 3.34.090 effect 42.08.070 examiner of titles 65.12.090 filing county officers’ bonds 36.16.060, 42.08.100 county superintendent of schools’ bond 36.16.060, 42.08.100 defective, effect 42.08.090 state officers’ bonds 42.08.100 township officers’ bonds 42.08.100 flood control district officers 86.09.307 form 42.08.060 insufficient bond state officers, procedure 42.08.130 insufficient bonds county officers, procedure 42.08.110, 42.08.120 township officers, procedure 42.08.120, 42.08.130 insurance commissioner 48.02.030 judgment no bar to another action 42.08.040 legal effect 42.08.070 militia officers 38.12.010 municipal courts chief clerk 35.20.210 clerks 35.20.210 judges 35.20.180 traffic violations bureau director 35.20.131 municipal judges 3.50.097 payable to state 42.08.060 [RCW Index—page 60] public printer 43.78.020 receiver, city and town disincorporation 35.07.120 recovery liability of sureties, amounts 42.08.170 limited to amount of bond 42.08.050 registrars of title, ascertainment of 65.12.055 release from bond by surety, notice and filing of new bond 19.72.110 satisfaction or release, county auditor, duty of 65.04.060 second class cities 35.23.081 secretary of state 43.07.010 security to city or town 42.08.010 county 42.08.010 municipal corporation 42.08.010 public corporation 42.08.010 state 42.08.010, 42.08.060 sheriffs, new or additional 36.28.030 state auditor 43.09.010 state officers approval 42.08.100 filing 42.08.100 insufficient bond, procedure 42.08.130 security to state 42.08.010 state officers and employees liability for nonremittance of moneys to state treasury 43.01.070 official bond required of 43.17.100 state treasurer amount, filing 43.08.020 liability upon for acts of assistant and deputies 43.08.120 willful refusal to pay warrants, exception, recovery 43.08.130 sureties death or removal, procedure 42.08.110 insolvency, procedure 42.08.110 insufficient, procedure 42.08.110 justification 42.08.160 liability 42.08.170 number required 42.08.150 qualifications 42.08.160 recovery limited to amount of bond 42.08.050 surety insurance for generally Ch. 48.28 payment of premium 48.28.040 town officers 35.27.120 vacation of public office for failure to file or late filing of bond 42.12.010 Outdoor recreational facilities Ch. 79A.10 Partition proceedings, guardian or limited guardian of incompetent or disabled person 7.52.460 Partners, probate 11.64.016 Payment agreements state and local government authority to enter into authority cumulative 39.96.080 calculations regarding payment of obligations 39.96.060 credit enhancement or similar agreements, authority to make in connection with payment agreement 39.96.050 definitions 39.96.020 findings 39.96.010 payment sources 39.96.050 status of payments 39.96.060 terms and conditions of agreements 39.96.040 state and local governments authority to enter into authorization and conditions for entry into agreement 39.96.030 Personal representatives nonresidents 11.36.010 suit on bond of former personal representative 11.48.120 Port district contractors 53.08.140 Private activity bond allocation allocation criteria 39.86.130 allocation of state ceiling, procedure 39.86.140 alternative allocation system, executive orders 39.86.160 code amendments 39.86.180 definitions 39.86.110 fees 39.86.170 initial allocation of state ceiling 39.86.120 ratification of prior allocations 39.86.200 reallocation, carryforwards 39.86.150 reports 39.86.190 Private ferry owners 36.53.050 Private nonprofit higher education, See HIGHER EDUCATION FACILITIES AUTHORITY Probate partnership interests of decedent bond required of surviving partner, when 11.64.016 failure to furnish bond 11.64.022 personal representative, See BONDS, subtitle Personal representatives reduction of 11.28.185 special administrator 11.32.020 suit on bond of former personal representative 11.48.120 when not required 11.28.185 Public printer 43.78.020 Public transportation benefit area treasurer 36.57A.130 Public utility conservation investments conservation bonds 80.28.306 costs as bondable conservation investments 80.28.309 Public waterway districts Ch. 91.08 Public works contractor amount 39.08.030 conditions 39.08.010, 39.08.030 contracts for less than twenty-five thousand dollars, exemption 39.08.010 filing 39.08.010 liability for public officer failing to take bond 39.08.015 notices, condition to actions on 39.08.030, 39.08.065 Rail districts 36.60.040 general obligation bonds 36.60.050 revenue bonds limitations, terms 36.60.060 Receivers release of surety from bond, procedure 19.72.110 Reclamation districts of one million acres or more Ch. 89.30 Rent default, forty dollars or less bond to recall writ of restitution 59.08.070 indemnity bond by plaintiff not required 59.08.100 Replevin, claim of immediate delivery redelivery bond of defendant 7.64.050 River and harbor improvement districts 88.32.140, 88.32.160 Savings and loan association officers and employees 33.16.130 Schools and school districts credit enhancement program to pledge credit of state to payment of district bonds, purpose and procedures Ch. 39.98 matching funds for common school plant facilities aid 28A.525.162 not needed for changes for barrier-free access 28A.525.162 Secretary of state 43.07.010 Security for costs 4.84.210 actions against state 4.92.080 judgment on 4.84.240 in lieu of separate security for costs 4.84.220 standing bond for numerous actions 4.84.220 Sewerage systems 35.67.065 Sheriffs 36.28.030 State, See STATE State and local government bond information (2008 Ed.) BOUNDARIES annual report to department of community, trade, and economic development 39.44.210 submittal to department of community, trade, and economic development contents 39.44.210, 39.44.230 validity of bonds not affected by failure to file 39.44.240 State auditor 43.09.010 State not required to furnish in any action 4.92.080 State officers 42.08.010, 42.08.100, 42.08.130 State treasurer 43.08.020, 43.08.120 Steam electric generating plants 43.21A.620, 43.21A.622, 43.21A.624, 43.21A.626, 43.21A.628, 43.21A.630, 43.21A.632, 43.21A.634, 43.21A.636, 43.21A.638, 43.21A.640 Superior court, rules of court concerning clerk 36.23.020 Supplemental proceedings 6.32.010 injunction modification or vacation 6.32.120 Surety auto transportation companies 81.68.060, 81.68.065 bank or trust company deposit claimants must give 30.20.090 bank or trust company officers and employees 30.12.030 business opportunity sales or lease 19.110.100 collection agencies 19.16.190 commercial fund raisers 19.09.190 contractors, See BONDS, subtitle Contractors; BONDS, subtitle Public works contractor credit permits for vehicular passage on toll facilities, surety bond for 47.56.248 credit services organizations 19.134.030 employment agencies 19.31.090 establishments closed for liquor violations, reopening 66.36.010 farm labor contractors 19.30.030, 19.30.040 first class district superintendents 28A.330.060 governmental construction projects, no security required for building permit issuance 36.32.590 health studios 19.142.060, 19.142.070, 19.142.080 highway construction contracts for 47.28.100, 47.28.110 for hire vehicle operators’ permit, for 46.72.040 industrial insurance self-insurers 51.14.020 insurance companies, organization of insurers 48.06.110 mobile home or travel trailer manufacturer’s licenses, applicant to file bond 46.70.075 mortgage brokers 19.146.205 motor freight carriers to protect shippers and consignees 81.80.250 port district contractors, when unnecessary 53.08.140 private ferry owners 36.53.050 property confiscated upon highway right of way, affidavit to reclaim accompanied by bond 47.32.080, 47.32.090 public depositary, when bond not required 39.58.090 reciprocal insurance company, attorneys for 48.10.140, 48.10.150, 48.10.160 suretyship, general requirements Ch. 19.72 vehicle dealers’ licenses 46.70.070 veterans’ guardianship 73.36.090 Temporary injunctions and restraining orders, court commissioners’ power to approve 2.24.040 Theatrical enterprises wages cash deposit or bond required 49.38.020, 49.38.030 action against 49.38.040 (2008 Ed.) attorney’s fees for prevailing party 49.38.050 violations, gross misdemeanor 49.38.060 Trustees absentees’ estates 11.80.020 release of surety from bond, procedure 19.72.110 Uniform facsimile signature of public officials act construction 39.62.900 definitions 39.62.010 execution of with facsimile signature, limitation 39.62.020 filing signature with secretary of state 39.62.020 fraudulent use, penalty 39.62.040 seal of state, agencies, counties, cities, towns, municipal corporations, etc., use of printed, etc. 39.62.030 state seal 39.62.030 United States, disposal by county 36.33.190 United States savings beneficiary’s survival of registered owner, effect 11.04.240 co-owner, effect of death 11.04.230 Unlawful detainer, writ of restitution 59.12.090 Unlawful entry or detainer actions 59.12.090, 59.12.091, 59.12.100, 59.12.110 Vehicle dealers 46.70.070 Veterans’ guardianship, bond of guardian 73.36.090 Water pollution control facilities Ch. 90.50 Water supply facilities general obligation bonds Ch. 43.83B BONE MARROW (See ANATOMICAL GIFTS) BONFIRES (See FIRES) BOOKMAKING (See also GAMBLING) Defined 9.46.0213 Places of, public nuisance, penalty 9.66.010 BOOKS (See also RECORDS AND DOCUMENTS) Counties, books of superior court clerk 36.23.030 County auditors’ duty to keep 65.04.020 Creditors, accounts and books, removing or disposing of to defraud creditors 9.45.080 Erotic material, distribution to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Information or indictment against 10.37.130 Libraries obsolete and surplus, disposal procedure 39.33.070 Minors, erotic material, distribution to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 Purchase by public agencies, method for payment of 42.24.035 Schools obsolete and surplus reading materials, disposal procedure 39.33.070 surplus, disposal 28A.335.180 Unlawfully retaining library books 27.12.340 BOOMS AND BOOMING Brands and marks, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks Fires, kindling by persons driving logs 4.24.050 Piling, liens for labor performed on 60.24.020 Public shooting grounds, use 77.12.540 Tow boats, liens for services 60.24.020 BORDER AREAS Alcoholic beverages licenses for nonprofit corporations near Canadian border, conditions 66.12.110 Border county higher education opportunity project 28B.15.0139 Funds, distribution 43.63A.190 Liquor revolving fund disbursements 66.08.195, 66.08.196, 66.08.198 Tax on motor vehicle and special fuel Ch. 82.47 Trucks, truck tractors size, weight, and load limits 46.44.041 BORROWING (See LOANS) BOTTLED WATER (See also WATER QUALITY, subtitle Bottled water) Definitions 69.07.170 Labeling standards exemptions 69.07.190 requirements 69.07.180 BOTTLES (See BEVERAGE CONTAINERS; RECYCLING; WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT) BOULEVARDS AND LANES (See also HIGHWAYS; STREETS AND ALLEYS) Cities and towns, authority for local improvement 35.43.040 Metropolitan park districts, regulation of 35.61.130 BOUNDARIES Boundary review boards, See BOUNDARY REVIEW BOARDS Cities and towns incorporation, establishment of boundaries 35.02.070 incorporation proceedings use of right of way lines of streets, roads, highways 35.02.170 use of streets, roads, highways right of way lines 35.02.170 right of way line permitted to be substituted for any portion of street right of way 35.21.790 uncertain, towns 35.27.030 Civil suits to establish lost or uncertain apportionment of costs, liens on land 58.04.040 notice of lis pendens, filing 58.04.040 Counties actions to establish, generally Ch. 36.05 change by division or enlargement Const. Art. 11 § 3 change by special legislation Const. Art. 2 § 28 joint surveys to establish 36.04.400 legal descriptions, enumeration Ch. 36.04 park and recreation districts 36.69.050 right of way line permitted to be substituted for any portion of street right of way 35.21.790 roads and county bridges, See COUNTY ROADS AND BRIDGES, subtitle Boundary crossings Educational service districts, creation and changes to 28A.310.020 Lost or uncertain, establishment 58.04.001, 58.04.007, 58.04.011, 58.04.020 Monuments permanent control monuments, platting, subdivision and dedication of land 58.17.240 Platting, subdivision and dedication of land, permanent control monuments, establishment 58.17.240 Port districts, revision 53.16.020, 53.16.030 commissioner districts redrawing district boundaries 53.16.015 Real property lost or uncertain boundaries action to establish 58.04.020 alternative procedures to fix 58.04.001 apportionment of costs to establish 58.04.040 commission to survey and report to court 58.04.030 costs of action to establish 58.04.040 court order establishing 58.04.020 [RCW Index—page 61] BOUNDARY REVIEW BOARDS dispute over location of point or line, resolution procedures 58.04.007 mediation to resolve 58.04.020 proceedings to establish 58.04.040 surveyor’s authorization to enter land or waters to resolve dispute 58.04.011 State, boundaries defined Const. Art. 24 § 1 Streams as, county power to bridge 36.75.160 Survey monuments disturbing monument, penalty and liability for cost of reestablishment 58.04.015 Surveyor, definition 58.04.003 Surveys and maps natural resources department named official agency responsible for Ch. 58.24 Surveys concerning, See SURVEYS AND SURVEYORS Washington-Oregon boundary, See also WASHINGTON-OREGON BOUNDARY Water-sewer districts annexation of territory Ch. 57.24 dissolution when boundaries identical with municipality 57.04.110 formation 57.04.030 withdrawal of territory Ch. 57.28 BOUNDARY REVIEW BOARDS Agricultural land protection additional payment, reasonable requirement 36.93.180 Annexation provision of prior laws superseded by chapter 36.93 RCW, where applicable 36.93.220 simultaneous consideration of incorporation and annexation 36.93.116 Appeals from board 36.93.160 Boards chief clerk powers and duties 36.93.070 compensation 36.93.070 county with population of one million or more members, appointment, terms and qualifications 36.93.051 hearings 36.93.070 meetings 36.93.070 members, appointment effect of failure to make 36.93.067 members, appointment procedure 36.93.063 members, commencement of terms 36.93.063 officers 36.93.070 other counties members, appointment, terms, and qualifications 36.93.061 powers and duties 36.93.070 vacancies in office 36.93.063 Cities and towns annexation approval does not authorize other annexation action 36.93.155 annexation subject to board review 35.13.001 city actions not subject to board review 36.93.105 city actions subject to board review 35.10.001, 35.43.035, 35.67.022, 35.91.020, 35.91.025, 35.92.027 disincorporation subject to board review 35.07.001 exclusion of area from boundaries Ch. 35.16 incorporation subject to board review 35.02.001 reduction of city limits Ch. 35.16 Cooperation of counties, cities, state or regional planning agency, shall be furnished 36.93.070 Costs remission by state to local boards 36.93.080 Counties decisions to be consistent with growth management act 36.93.157 Creation county with population of two hundred ten thousand or more 36.93.030 other counties date deemed established 36.93.040 [RCW Index—page 62] election 36.93.030 petition 36.93.030 procedure 36.93.030 resolution of county commissioners 36.93.030 Decision board effect on existing franchises, permits, codes, ordinances, limitation on 36.93.190 Decision of board 36.93.160 growth management act, to be consistent with 36.93.157 Definitions 36.93.020 Disbanding or board 36.93.230 Dissolution of enumerated special districts subject to review by board 53.48.001 Elections 36.93.030 Expenditures 36.93.080 Fee for review 36.93.120 Filing copy of rules and regulations with clerk of court 36.93.210 establishment or change in boundaries of a water and sewer system or separate sewer or water system 36.93.090 filing notice with of proposed action of city or town for creation, dissolution, incorporation, disincorporation, consolidation, or change in boundary 36.93.090 Fire protection districts district actions subject to board review 52.02.001, 52.04.001, 52.06.001, 52.08.001, 52.10.001 merger of part of district with another district, duties 52.06.090 mergers subject to board review 52.06.010 Flood control zone districts district actions subject to board review 86.15.001 Hearings 36.93.160 Incorporation proceedings exempt from State Environmental Policy Act 36.93.170 Incorporation proposals cities of seven thousand five hundred or more population restrictions on authority to modify 36.93.150 Irrigation districts district actions subject to board review 87.03.001, 87.52.001, 87.53.001, 87.56.001 Irrigation districts, application of chapter to merged districts 36.93.800 Legal counsel 36.93.070 Limitation on effect of decision of board on existing franchises, permits, codes, ordinances 36.93.190 Metropolitan park districts district actions subject to board review 35.61.001 Notice of intended action, contents of 36.93.130 Objectives of board 36.93.180 water-sewer district annexations not deemed a violation of 36.93.185 Optional municipal code cities city action subject to board review 35A.03.001, 35A.05.001, 35A.14.001 city actions subject to board review 35A.15.001, 35A.16.001 Pending actions not affected 36.93.140 Permanent register of rules to be kept by clerk of court 36.93.210 Practice and procedure, rules and regulations governing 36.93.200 Public utility districts district actions subject to board review 54.08.001, 54.32.001 district provision of water beyond its boundaries subject to review 54.16.035 Purpose 36.93.010 Review, when review by board not necessary 36.93.110 Review of proposed action action of board 36.93.150 determinations of board 36.93.150 disapproval, effect 36.93.150 factors to be considered by board 36.93.170 fee for 36.93.120 incorporation of territory in county with boundary review board 36.93.153 jurisdiction of board 36.93.150 modified proposal restrictions on authority to make modifications 36.93.150 procedure 36.93.100 Rules and regulations, practice and procedure 36.93.200 Sewer districts, See WATER-SEWER DISTRICTS Special purpose districts annexation approval does not authorize other annexation action 36.93.155 Subpoenas, authority to issue 36.93.160 Water districts, See WATER-SEWER DISTRICTS Water-sewer districts annexation of territory Ch. 57.24 consolidation Ch. 57.32 disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 merger of districts Ch. 57.36 provision of service beyond district boundaries subject to review by board 57.08.047 withdrawal of territory Ch. 57.28 BOWLING (See also ATHLETICS AND SPORTS) Licenses generally 67.14.050, 67.14.060 rural areas 67.12.110 Sweepstakes authority 9.46.0345 BOXING (See ATHLETICS AND SPORTS) BRANCH BANKS (See BANKS AND BANKING, subtitle Branch bank) BRANDS AND MARKS (See also LABELS) Beverage containers filing of name and marks 19.76.100 Commercial feed misbranded feed 15.53.9022 Counterfeiting 9.16.030 forestry 76.36.120 Crimes relating to affixed, when deemed 9.16.050 coin silver, use of words 9.16.110, 9.16.130 counterfeiting 9.16.030 forest products and equipment brands and marks, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks gold, misrepresentations as to carat or fineness 9.16.140 imitating lawful brand 9.16.020 livestock brand or mark, removal or alteration 9.16.010 logs, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks marked, stamped and branded, defined 9.16.150 petroleum products, mislabeling 9.16.080 registration, fraudulent 9.16.060 removing or altering 9.16.010 sterling silver, use of words 9.16.100, 9.16.120 Explosives containers 70.74.300 Feed lots, licensing Ch. 16.58 Fertilizers, minerals, and limes misbranding 15.54.412 Food, drug and cosmetic act, duties under, See FOOD, DRUG AND COSMETIC ACT (2008 Ed.) BRIDGES Forests and forest products, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks Fur farming, identification of animals Ch. 16.72 Horses special open consignment horse sales Ch. 16.65 Livestock identification Ch. 16.57 agriculture department director’s powers and duties 43.23.160 Livestock identification, See also LIVESTOCK Livestock markets Ch. 16.65 Livestock running at large, brand as evidence of ownership 16.24.100 Logs, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks Milk and milk products containers with owner’s name or trademark unlawful use prohibited, seizure authorized 15.36.281 Pesticides, devices, or spray adjuvants misbranded 15.58.130 unlawful practices 15.58.150 Poultry identification Ch. 16.57 Trademarks, registration Ch. 19.77 BRANDY (See ALCOHOLIC BEVERAGES) BRASS KNUCKLES Use or possession of prohibited 9.41.250 BRASSICA SEED PRODUCTION (See SEEDS) BREACH OF CONTRACT (See CONTRACTS) BREACH OF TRUST Nonliability of third person without knowledge of breach 11.98.090 BREAD (See BAKERIES AND BAKERY PRODUCTS) BREAKING AND ENTERING (See also BURGLARY) Arrest, breaking and entering to make authorized 10.31.040 BREAST SURGERY (See HEALTH SERVICES, subtitle Mastectomy) BREATH TESTS (See DRIVING UNDER THE INFLUENCE) BREEDERS AND BREEDING Horses, racing 67.16.070 BREMERTON Armed forces shipboard population determination, revenue allocation 43.62.030 BRIBERY AND GRAFTING Baseball games 67.04.010, 67.04.020, 67.04.030, 67.04.040 Disqualifies for holding office Const. Art. 2 § 30 Judges corruption in office, removable by legislature Const. Art. 4 § 9 Labor practices, generally 49.44.020, 49.44.030 Legislature to define and provide punishment for Const. Art. 2 § 30 Public officers disqualification for receiving Const. Art. 2 § 30 School officials, by, penalty 28A.635.050 Self-incriminating evidence compulsory 9.18.080, Const. Art. 2 § 30 Witnesses self-incrimination, bribery, witness not excused on ground of self-incrimination 9.18.080 BRIDGE DISTRICTS Bonds, mutual savings banks, investment in 32.20.110 Dissolution, generally Ch. 53.48 BRIDGES (See also COUNTY ROADS AND BRIDGES) Cities and towns authority for local improvement 35.43.040 (2008 Ed.) authority to construct 35.85.010 construction and repair 35.22.280 drawbridges authority to construct 35.74.010 construction and maintenance Ch. 35.74 county commissioners notice to 35.74.020 width of draw, determination 35.74.030 navigation, effect upon 35.74.040 operation as toll bridge 35.74.050, 35.74.060, 35.74.070 tolls, charging and collecting 35.74.050 eminent domain for 47.24.030 as part of state highway system Ch. 47.24 Franchises across bridges jointly owned or operated 47.44.040 Granting of franchises on authorized 47.56.256 Insurance for, See INSURANCE, subtitle Marine and transportation insurance Lewis and Clark bridge, designation of 47.04.160 Liquidation and closure of facility accounts upon removal of tolls 47.56.242 satisfaction of claims 47.56.243 transfer of surplus to motor vehicle fund 47.56.242 Manette bridge authorized 47.20.570 Navigable streams, authority of railroads and common carriers to construct over 81.36.100 Port districts acquisition and operation of facilities 53.08.020 authority to construct toll bridges 53.34.010 Public, trespass to repair, damages 64.12.040 Public lands, bridges or trestles across, See PUBLIC LANDS, subtitle Bridges or trestles Public waterway districts, costs of bridging 91.08.110 Railroads, authority to construct over navigable streams 81.36.100 Rural arterial program 36.79.010, 36.79.020, 36.79.050, 36.79.060, 36.79.090, 36.79.120 Satisfaction of claim upon closing accounts 47.56.243 State toll bridges Agate Pass bridge bond issues for construction, reimbursement Ch. 47.10 transfer of to highway department as toll free bridge, when 47.10.130 approval of tolls 47.56.031 construction and financing procedure bond issue authorized bondholder’s right to compel performance, other remedies available 47.56.210 disposition of proceeds from sale of bonds 47.56.150 use for expenses 47.56.200 form and conditions 47.56.130, 47.56.140 interim bonds authorized 47.56.140 proximity of other service limitation to secure bonds 47.56.220 contributions to project by city, county or political subdivision authorized 47.56.250 department of transportation directed to construct bridge and acquire rights of way 47.56.090 resolution of necessity for acquisition of rights of way to be passed, effect 47.56.110 contributions to project by city, county or political subdivision authorized 47.56.250 created after July 1, 2008 47.56.805, 47.56.810, 47.56.820, 47.56.830, 47.56.840, 47.56.850, 47.56.860 department of transportation authority to collect tolls 47.56.785 establishment and construction authorization 47.56.040 establishment and construction of transportation department to provide for 47.56.060 existing bridge and additional bridge as single project acquisition of property for by eminent domain 47.58.080 authorization for 47.58.010 bond issue for financing amount of issue, determining 47.58.050 authorized 47.58.040 bondholder’s right to compel performance on 47.58.050 bonds as legal investment for state moneys 47.58.070 bonds as limited obligations 47.58.040 contents, form, maturity, signatures, interest rate on, sale 47.58.040 to fix disposition of proceeds 47.58.060 interim bonds authorized 47.58.040 issued by resolution 47.58.040 permissible covenants in 47.58.050 proceeds from sale of, disposition 47.58.040, 47.58.060 revenue available for payment of bonds 47.58.040 Manette bridge-Port Washington Narrows project, authorized 47.58.500 preliminary surveys, financing and reimbursement of 47.58.020 study of other projects authorized, specific authorization required before construction and financing 47.58.090 tolls on amount 47.58.010, 47.58.030 duration 47.58.030 imposition authorized 47.58.010 Manette bridge-Port Washington Narrows project, for 47.58.500 preliminary expenses reimbursed from 47.58.020 existing state franchises protected 47.56.220 financial statements kept on, bondholders may inspect 47.56.060 funds construction fund 47.56.150 agreement on deposit of moneys in 47.56.190 transfer of moneys from for bond payments 47.56.170 use of surplus funds in 47.56.150 cooperative funds from state and federal government for toll bridges authorized 47.56.130 disposition of earned interest on funds deposited 47.56.180 reserve funds authorized 47.56.170 toll revenue fund 47.56.160 agreement on deposit of moneys in 47.56.190 payments for insurance or indemnity bonds may be paid from 47.56.230 transfer of money from for bond payments 47.56.170 use of surplus funds in 47.56.170 general powers of officials relating to specified 47.56.060 granting of franchises on authorized 47.56.256 disposition of moneys received 47.56.257 insurance or indemnity bond authorized for 47.56.230 Interstate 90 floating bridge toll, federal authorization 47.56.790 notification requirements 47.56.258 payment of construction costs 47.56.120 permits, leases, or licenses to governmental entities to use facilities authorized disposition of moneys received 47.56.257 permits, leases or licenses to governmental entities to use facilities authorized 47.56.253 project payments made by warrants on vouchers 47.56.180 proximity of other service limitation 47.56.220 public-private transportation projects Ch. 47.46 [RCW Index—page 63] BRITISH COLUMBIA Puget Sound ferry and toll bridge system, See PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM purchase of bridges by transportation department authorized 47.56.050 rates and charges bond redemption and interest as lien on 47.56.240 credit permits for vehicular traffic on authorized 47.56.247 cash deposit on bond requirement 47.56.248 duration 47.56.245 fixing of authorized 47.56.240 insurance for interruption of 47.56.230 standard for fixing 47.56.240 receipt of cooperative funds from state and federal government for authorized 47.56.130 rights of way across state land, streets and roads for, compensation 47.56.100, 47.56.110 sale of property authorized 47.56.254 disposition of moneys received 47.56.257 execution and delivery of deed 47.56.255 sale of unneeded property to governmental entities, execution, delivery of deed disposition of moneys received 47.56.257 state boundary bridges, agreements for feasibility study of 47.56.042 Tacoma Narrows bridge made part of primary highway 47.56.270 toll charges to be retained until costs paid 47.56.245 Tacoma Narrows citizen advisory committee 47.46.091 toll bridge account 47.56.165 toll free facility, conditions 47.56.271 Toll bridge construction and financing procedure, bond issues authorized form, contents, interest and conditions of bonds 47.56.140 interim bonds authorized 47.56.140 Transfer of surplus sums 47.56.242 Transportation department, retention of responsibility for enumerated local bridges 47.17.960 BRITISH COLUMBIA Hydroelectric reservoir extending into British Columbia commission, powers 35.21.418 watershed agreement 35.21.417 Lake Osoyoos international water control structure 43.21A.450 Reciprocity, tuition and fee program program review 28B.15.758 waiver of nonresident tuition fees differential 28B.15.756 BROKERS Commission merchants, licensing 20.01.040 Insurance, See INSURANCE, subtitle Agents, brokers, and solicitors Real estate, fees, sale, exchange, mortgage or lease of guardianship, limited guardianship property 11.92.125 probate estate property 11.56.265 BRUCELLOSIS (See ANIMAL HEALTH) BUCKET SHOPS (See GAMBLING) BUDGET AND ACCOUNTING SYSTEM (See STATE FISCAL MATTERS, subtitle Budget and accounting system) BUDGET DIRECTOR (See FINANCIAL MANAGEMENT, OFFICE OF; STATE FISCAL MATTERS, subtitle Financial management, office of) BUDGETS Biennial budgets annual budget requirements inapplicable 35.32A.010, 35.33.020 [RCW Index—page 64] Budget stabilization account Const. Art. 7 § 12 Case forecast council, organization and duties Ch. 43.88C Cities and towns biennial budgets Ch. 35A.34 Code cities biennial budgets Ch. 35A.34 Counties biennial budgets 36.40.250 capital outlay change or transfer 36.40.100 changes or transfers between classifications 36.40.100 county hospitals board of trustees 36.62.180 supplemental budget 36.62.270 estimates 36.40.030 road and bridge construction 36.40.020 expenditures in excess of budget, liability of official 36.40.130 final 36.40.080, 36.40.090 appropriations fixed 36.40.100 transfers between classifications 36.40.100 preliminary 36.40.040 hearing 36.40.070 alternate date 36.40.071 notice of hearing 36.40.060 revision by county commissioners 36.40.050 roads and bridges, See COUNTY ROADS AND BRIDGES, subtitle Fiscal matters rules, classification, and forms 36.40.220 salaries and wages change or transfer 36.40.100 legislative authority office, ratification of pre-election adjustments 36.40.205 supplemental and emergency budgets 36.40.250 supplemental appropriations, unanticipated funds 36.40.100, 36.40.195 County auditors estimation 36.40.030 County park and recreation service areas 36.68.530 County recreation districts 36.69.160 Interfund transfers and loans, repayment and crediting procedure 43.09.285 Libraries 27.12.210, 27.12.220 Metropolitan municipal corporations, adoption of budget 35.58.410 Public utility districts, See PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Schools and school districts, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Budgets State, See STATE FISCAL MATTERS, subtitle Budget and accounting system BUILDING AND LOAN ASSOCIATIONS Development credit corporations, membership in 31.20.070 Federal home loan banks borrowing from authorized 30.32.020 depositary for its funds, may designate as 30.32.040 investments in stock of authorized 30.32.020 BUILDING CODE Amending authority of counties, cities 19.27.040, 19.27.060 Application 19.27.080 Application to all counties and cities 19.27.031 Application to state and local government buildings 19.27.060 Building permit fee deposit in building code council account 19.27.085 Cities and towns adoption by reference 35.21.180 Counties area applicable 36.43.020 authority to adopt 36.43.010 enforcement 36.43.030 penalty for violations 36.43.040 Definitions 19.27.015 Energy state building code study 44.39.038 Energy code nonresidential buildings minimum standards, authority of building code council to amend 19.27A.025 personal wireless service facilities, insulation requirement exemption 19.27A.027 residential buildings minimum and maximum codes 19.27A.015 payments to owners by utilities for construction complying with code 19.27A.035 standards 19.27A.020 Enforcement authority of counties and cities 19.27.050 Exceptions 19.27.060, 19.27.065 Fees, local authority 19.27.100 Fish habitat enhancement projects exemption, criteria 19.27.490 Historical buildings, exception 19.27.120 Hot water heaters temperature regulation 19.27A.060 Housing for indigent persons, emergency exemptions 19.27.042 International fire code administration and enforcement 19.27.110 Local zoning jurisdiction reserved 19.27.090 Nightclubs automatic sprinkler system 19.27.500, 19.27.510, 19.27.520 Owner-built residences construction in counties with populations of five thousand to less than ten thousand, ordinance reenactment 19.27.160 Permit applications required contents 19.27.095 water supply, evidence of adequate supply 19.27.097 Portable oil-fueled heaters standards for sale and use 19.27A.090, 19.27A.100, 19.27A.110, 19.27A.120 Purposes, objectives, and standards 19.27.020 Recycled building materials building code council to study changes in code to encourage use 19.27.175 Residential buildings building code council duties 19.27A.045 Residential buildings moved without change in occupancy classification application of building codes 19.27.180 electrical installation requirements 19.27.180 School buildings automatic fire-extinguishing system requirements 19.27.113 Temporary growing structures for commercial horticultural purposes, exemption 19.27.065 Temporary worker building code 70.114A.081, 70.114A.085 Uniform codes adoption by reference 19.27.031 amendments, review by building code council 19.27.035 Uniform fire code administration and enforcement 19.27.111 Water conservation performance standards plumbing fixtures 19.27.170 BUILDING CODE COUNCIL Building code council account 19.27.085 Compensation and travel expenses 19.27.070 Duties 19.27.074 Energy code nonresidential buildings minimum standards, authority of council to amend 19.27A.025 residential buildings council duties 19.27A.045 standards 19.27A.020 Handicapped building access standards 70.92.140, 70.92.150 building access standards, exception 70.92.170 (2008 Ed.) BUSES Indoor air quality interim and final requirements for maintenance 19.27.190 Indoor air quality in public buildings duties 70.162.030 Membership 19.27.070 Nightclubs automatic sprinkler system 19.27.500, 19.27.510, 19.27.520 Recycled building materials study of building code changes to encourage use 19.27.175 Review of amendments to uniform codes 19.27.035 School buildings automatic fire-extinguishing system requirements 19.27.113 Water conservation performance standards for plumbing fixtures 19.27.170 BUILDING PERMITS Applications required contents 19.27.095 water supply, evidence of adequate supply 19.27.097 Appraisal by county assessor of new construction 36.21.070 Contractors, registration requirements Ch. 18.27 County assessor to receive copy 19.27.140 Exemptions 19.27.060, 19.27.065 Report on permits issued to department of community, trade, and economic development 19.27.150 State or local government building projects optional municipal code city may not require government entity to provide bond or other security as condition of issuance of permit 35A.21.250 BUILDINGS (See also PUBLIC BUILDINGS) Agreement to indemnify for negligence in construction, maintenance of, against public policy 4.24.115 Blind persons, preference right to operate vending stands 74.18.220 Building code Ch. 19.27 Building wardens, immunity from liability 4.24.400 Cities and towns first class cities, control over location and construction 35.22.280 lease and lease back agreements 35.42.070 newly constructed, county assessor’s appraisal 36.21.070, 36.21.080 towns 35.27.370 Cities and towns, See also CITIES AND TOWNS, subtitle Buildings Construction permits newly constructed, county assessor’s appraisal 36.21.070, 36.21.080 Counties newly constructed, appraisal by assessor 36.21.070, 36.21.080 Crack houses Ch. 69.53 nuisances, injunctions Ch. 7.43 Defined for arson, reckless burning, malicious mischief 9A.48.010 Drugs abatement order 7.43.080, 7.43.090 damages not precluded 7.43.130 forfeiture, proceeds 7.43.100 lien 7.43.120 moral nuisances 7.48A.010 nuisances, injunctions 7.43.010, 7.43.020, 7.43.030, 7.43.040, 7.43.050, 7.43.060, 7.43.070, 7.43.110, 7.43.120, 7.43.130 use for unlawful drugs 69.53.010, 69.53.020, 69.53.030 Energy code Ch. 19.27A Explosives damages by 70.74.280 malicious placement, penalties 70.74.270 (2008 Ed.) Factory built housing, See HOUSING, subtitle Factory built housing Handicapped access to definitions 70.92.130 exception 70.92.170 legislative intent concerning 70.92.100 minimum standards set by building code council 70.92.140 waiver of standards 70.92.160 symbol display and signing 70.92.120 Historical buildings, state building code, exception 19.27.120 Interception of private conversations, owner’s right 9.73.110 Public, provision for handicapped Ch. 70.92 Public nuisance maintained or permitted in, penalty 9.66.030 Public works Performance-based contracts for water conservation, solid waste reduction, and energy equipment Ch. 39.35A Residential, moved without change in occupancy classification application of building codes 19.27.180 electrical installation requirements 19.27.180 Standards for use and occupancy, cities and towns, counties, providing for 35.80.030 State energy audits definitions 43.19.670 implementation plan 43.19.680 lease terms 43.19.685 requirement, completion dates 43.19.675 high-performance public buildings LEED silver standard Ch. 39.35D tree plantings for energy conservation encouraged 43.19.668 State facilities landscape objectives to include energy conservation 43.19.682 Threatening to bomb, penalty 9.61.160 Unfit dwellings, demolition assessment lien against property 35.80.030 Unfit for human habitation, action by cities and towns Ch. 35.80 World fair or exposition use by cities after 35.60.060 World fair or exposition, See also WORLD FAIRS OR EXPOSITIONS BULLETS (See AMMUNITION) BULLS (See LIVESTOCK) BUNGEE JUMPING (See AMUSEMENT RIDES) BURDEN OF PROOF (See also EVIDENCE) Conditions precedent, performance of 4.36.080 Judgments, validity of, facts conferring jurisdiction 4.36.070 Libel and slander, application of defamatory matter to plaintiff, pleadings 4.36.120 Will contest 11.24.030 BURGLAR ALARM RESPONSE RUNNERS (See SECURITY GUARDS) BURGLARY Insurance against, See INSURANCE, subtitle Casualty insurance Insurance of banks and trust companies against 30.12.030 BURIAL AND INTERMENT (See also CEMETERIES; CREMATION; HUMAN REMAINS) Authorization 68.50.170 Burial places, exemption from execution 68.24.220 Burial-transit permit duty of registrar of vital statistics 70.58.030 requirement 70.58.230 Certificate of authority required 68.05.240 Cities and towns, authority 68.52.030 Counties authority to provide 68.52.030 indigent persons 36.39.030 Cremated remains 68.05.195 Definitions relating to cemeteries, morgues, and human remains Ch. 68.04 Discrimination, refusing burial to non-Caucasian 68.50.035 Funerals, See FUNERALS Interment rights, cemetery plots Ch. 68.32 Mausoleums and columbariums, construction standards Ch. 68.28 No person in charge of burials 70.58.260 Private cemeteries, prevention of interment 68.20.065 Records of remains 68.50.240 Records of sexton 70.58.260 Unlawful interment 70.58.260 Washington veterans’ and soldiers’ homes 72.36.110 BURNING PERMITS Abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations, issuance and fees 70.94.660 Air pollution episodes, legislative finding, declaration of policy 70.94.710 Conditions for issuance and use of permits, air quality standards to be met, alternate methods to lessen forest debris 70.94.670 Cooperation between department of natural resources and state, local, or regional air pollution authorities, withholding of permits 70.94.690 Damages 52.12.104 Declaration of air pollution emergency by governor 70.94.720 Episode avoidance plan, contents, source emission reduction plans, authority, considered orders 70.94.715 Fees, permitting, penalty, and enforcement provisions 70.94.780 Fire protection districts authority 52.12.101 content, issuance 52.12.103 forest lands, exemption for 52.12.101 penalty for violations 52.12.105, 52.12.106 permittees, duties 52.12.104 resolution of commissioners 52.12.101 publication and posting 52.12.102 Fire suppression costs, liability 52.12.108 Grasses grown for seed 70.94.656 Indian ceremonies 70.94.651 Issuing authority, nuisances, control of 70.94.780 Liability 52.12.104 Liability for fire suppression costs 52.12.108 Orders to be effective immediately 70.94.730 Outdoor burning, prohibited acts 70.94.775 Political subdivisions, issuance by 70.94.654 Rare and endangered plant regeneration 70.94.651 Restraining orders, temporary injunctions to enforce orders, procedure 70.94.725 Rules and regulations 70.94.700 Smoke signals if part of religious ritual 70.94.651 Weed abatement, fire fighting instruction, or agriculture activities, issuance, fees, and exception 70.94.650 Weed abatement, instruction or agriculture activities, issuance, activities exempted from requirement 70.94.775 BUSES (See also COMMON CARRIERS; PUBLIC TRANSPORTATION) Advertising bus shelters 47.36.141 Auto stage defined 46.04.050 maximum gross weight fees how computed 46.16.111 maximum gross weight fees 46.16.070 mileage fees, penalty 46.16.125 [RCW Index—page 65] BUSINESS AND OCCUPATION TAX seating capacity fees 46.16.121 speed restrictions 46.61.405, 46.61.410 Baggage liability 81.29.020 maximum amounts recoverable 81.29.050 Conduct on, unlawful 9.91.025 Confidentiality of user information 47.04.240 Discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Drivers overtime compensation 49.46.130 Equipment, See MOTOR VEHICLES, subtitle Equipment requirements Municipal transit stations conduct at, unlawful 9.91.025 Passenger, flares and warning devices carried 46.37.440 Passengers ejecting of, use of force, when lawful 9A.16.020 Private carrier bus defined 46.04.416 flashing light 46.37.190 overtaking or meeting 46.61.375 sign required 46.37.193 stop signal 46.37.190 stopping at railroad crossing 46.61.350 School buses acquisition and purchase procedures 28A.160.195, 28A.160.200 bus routes, service requirements 28A.160.115 crossing arms, installation required 46.37.620 defined, motor vehicle law 46.04.521 insurance transporting of children to school or school activities 28A.160.010 elderly 28A.160.010 interstate compact for school bus safety, See SCHOOL BUS SAFETY INTERSTATE COMPACT license, exemption 46.16.035 lighting and safety devices regulated by commission on equipment 46.37.290 load and seat capacity fees, exempt from 46.16.150 private school buses, standards 46.37.630 sign required 46.37.193 signal lamps, displaying alternately flashing red lights 46.37.190 special lighting equipment on 46.37.290 transport of general public to interscholastic activities 28A.160.100 parent, guardian or custodian of student in 28A.160.110 vehicle license and plates, inspection requisite 46.16.020 School buses, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Transportation Stages auto stages, defined, motor vehicle law 46.04.050 for hire vehicles maximum gross weight fees 46.16.070 how computed 46.16.111 seating capacity fees 46.16.121 licensing mileage fees 46.16.125 seating capacity fees 46.16.121 sale or transfer of, credit for unused fee 46.16.280 seating capacity fees 46.16.121 speed restrictions 46.61.405, 46.61.410 Stations conduct at, unlawful 9.91.025 Unlawful conduct on 9.91.025 [RCW Index—page 66] BUSINESS AND OCCUPATION TAX (See TAXES - BUSINESS AND OCCUPATION) BUSINESS ASSISTANCE CENTER Duties 43.31.086 ISO-9000 quality standards, duties 43.31.088 Regulatory fairness act Ch. 19.85 Rules coordinator provide list of applicable agency rules effecting specific type of business at the center’s request 43.17.310 BUSINESS CORPORATION ACT (See CORPORATIONS) BUSINESS DEVELOPMENT COMPANY ACT Generally Ch. 31.24 BUSINESS IMPROVEMENT AREAS Parking and business improvement areas, establishment and authority to levy special assessments Ch. 35.87A BUSINESS LICENSE CENTER Combined licensing project 19.02.220 Definitions 19.02.020 Duties 19.02.030 Fees delinquency fee 19.02.085 disposition 19.02.080 master license application and renewal 19.02.070, 19.02.075 Information compilation and distribution 19.02.035 Master license application and renewal fees 19.02.070, 19.02.075 current licenses valid 19.02.810 exempt businesses or professional activities 19.02.800 expanded list of licenses issued under master license system 19.02.110 expiration and renewal 19.02.090 issuance 19.02.070 issuance or renewal conditions 19.02.100 performance-based grant program 19.02.310 regulatory agency approval 19.02.070 renewal 19.02.075 Master license fund application and renewal fees 19.02.075 delinquency fee 19.02.085 receipts and expenditures 19.02.210 Performance-based grant program 19.02.310 Purpose 19.02.010 State agencies, participation required 19.02.050 BUSINESS OPPORTUNITY FRAUD Administration of chapter 19.110.190 Application of chapter 19.110.040 Bond or trust account 19.110.100 Cease and desist orders 19.110.150 Consumer protection act, application 19.110.170 Contract, contents, cancellation 19.110.110 Damages, remedies 19.110.130 Definitions 19.110.020 Disclosure document alternatives 19.110.080 contents 19.110.070 Financial institutions, department director’s authority 19.110.140, 19.110.180 Injunctions 19.110.160 Investigations 19.110.140 Offers to sell or lease occur in Washington, when 19.110.030 Penalties 19.110.075, 19.110.160 Receivers 19.110.160 Registration fees 19.110.060 requirements 19.110.050 Service of process 19.110.090 Unlawful acts 19.110.120 BUSINESS PROFESSIONS, REGULATION OF Applicants for regulation, process 18.118.030, 18.118.040 Definitions 18.118.020 Legislative intent 18.118.005 Purpose 18.118.010 Uniform regulation of business and professions act Ch. 18.235 BUSINESSES Administrative rules duty of rules coordinator to provide list of applicable agency rules to business assistance center 43.17.310 Business license center Ch. 19.02 Business opportunity fraud act Ch. 19.110 Business professions, regulation guidelines Ch. 18.118 Capital Washington economic development finance authority, See ECONOMIC DEVELOPMENT FINANCE AUTHORITY Colleges and universities, commercial activities Ch. 28B.63 Community, trade, and economic development, department of departmental responsibilities 43.330.060 Computers hardware trade-in or exchange information, recordkeeping requirements Ch. 19.194 Consumer loans Ch. 31.04 Consumer protection Ch. 19.86 Conversion of goods or merchandise from store to own use, liability and penalty 4.24.230 Cooperative associations, commencement of business businesses and activities 23.86.020 number of incorporators required 23.86.010 Dissolution unclaimed property 63.29.110 Environmental excellence awards program for products 43.21A.520 Environmental laws information and assistance to businesses 43.21A.515 Environmental profile of state 43.21A.510 Gift certificates or credit unclaimed property 63.29.140 Going out of business sales, See SALES, subtitle Going out of business sales High risk consumer loans Ch. 31.04 High technology businesses tax credits and deferrals Ch. 82.63 Highway right of way, public nuisance 47.32.120 Inmate work programs automated data input and retrieval system 72.09.106 ISO-9000 quality standards business assistance center duties 43.31.088 Late night retail establishments, crime prevention definitions 49.22.010 employers’ duties 49.22.020 enforcement 49.22.030 License fees or taxes, certain business activities single uniform rate 35A.82.050 uniform rate, maximum rate established 35.21.710 voter approval for excess 35.21.711 Licenses, See BUSINESS LICENSE CENTER Limited liability companies Ch. 25.15 Limited liability companies, application to businesses or professions licensed under Title 18 Ch. 18.190 Limited liability partnerships, See LIMITED LIABILITY PARTNERSHIPS Massage practitioners optional code cities 35A.82.025 Master licenses, See BUSINESS LICENSE CENTER Moving sales, restrictions 19.178.100 Out-of-state residents or nonresidents, acts submitting person to state jurisdiction 4.28.185 Partnerships Ch. 25.05 (2008 Ed.) CAMPING RESORTS Personal information—notice of security breaches Ch. 19.255 Product liability actions Ch. 7.72 Professional employer organizations business and occupation tax 82.04.540 taxation, generally 82.02.240 Promotional contests of chance 9.46.0356 Regulatory compliance technical assistance programs Ch. 43.05 Regulatory fairness, See REGULATORY FAIRNESS Roofing and siding contractors and salespersons, business practices regulated Ch. 19.186 Siding and roofing contractors and salespersons, business practices regulated Ch. 19.186 Small business economic impact statements Ch. 19.85 federally guaranteed small business loan program Ch. 31.40 regulatory fairness act Ch. 19.85 Small business development center 28B.30.530, 28B.30.533 Small business economic impact statement and rule-making procedure Ch. 19.85 Small business innovation research assistance program 28B.20.297 Tax credit program for eligible projects Ch. 82.62 Taxation, See TAXES—BUSINESS AND OCCUPATION Telephone cities and towns, taxes network telephone service 35.21.714 toll telephone service, taxable amount 35.21.714 city license fees or taxes, uniform rate 35.21.712 Telephone business, license fee, tax 35A.82.055 Uniform regulation of business and professions act Ch. 18.235 BUSING (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Transportation) BUTTER (See DAIRIES AND DAIRY PRODUCTS) BYLAWS Corporations emergency corporations 24.03.070 nonprofit corporations 24.03.070 Fish marketing associations 24.36.130 Insurance domestic mutuals in general 48.09.130 filing 48.05.070 organization of insurers, filing 48.06.040 policies, how included in 48.18.160 CABLE TELEVISION Connection of nondecoding and nondescrambling channel frequency converter permissible 9A.56.260 Right of way telecommunications and cable television service use Ch. 35.99 Rights of way telecommunications and cable television service use 35A.21.245 Subscription television services civil cause of action 9A.56.250 forfeiture and disposal of device 9A.56.240 theft 9A.56.220 unauthorized use defined 9A.56.010 unlawful sale 9A.56.230 Telecommunications, See TELECOMMUNICATIONS, subtitle Systems installations Television reception improvement districts Ch. 36.95 CAKE WALKS Amusement game defined 9.46.0201 (2008 Ed.) CALIFORNIA Coastal ecosystems compact and agreements Ch. 77.75 Pacific marine fisheries compact Ch. 77.75 CAMAS SLOUGH Closure 88.28.055 CAMPAIGN FINANCING Advertising commercial advertisers 42.17.110 Candidate depositories 42.17.050 personal use of contributions 42.17.125 political committee support of candidate limited 42.17.050 reporting of contributions and expenditures 42.17.080, 42.17.090 treasurer 42.17.050 Commercial advertisers 42.17.110 Contribution limitations agency shop fees as contributions 42.17.760 attribution of contributions 42.17.670 contributions before December 3, 1992 42.17.700 contributions on behalf of another 42.17.730 controlled entities, attribution of contributions by 42.17.660 different office, prohibition on use of contributions for 42.17.790 earmarking 42.17.670 employers or labor organizations, limitations on 42.17.680 endorsement fees solicitation prohibited 42.17.770 family contributions, attribution and aggregation of 42.17.650 findings 42.17.610 intent 42.17.620 judicial office 42.17.645 labor organizations or employers, limitations on 42.17.680 limits specified 42.17.640 loan restrictions 42.17.720 public employees, solicitation of contributions from 42.17.750 reimbursement for contributions prohibited 42.17.780 revision of monetary limits 42.17.690 rules 42.17.647 state official, time limit to solicit or accept contributions 42.17.710 time limit for state official to solicit or accept contributions 42.17.710 written instrument required for some contributions 42.17.740 Contributions cash contributions 42.17.060 deposit 42.17.060 earmarked contributions 42.17.135 identification of contributions and expenditures 42.17.120 investment 42.17.060 large totals 42.17.105 late contributions 42.17.105 personal use of contributions 42.17.125 reporting requirements 42.17.080, 42.17.090 unidentified contributions 42.17.060 Definitions 42.17.020 Disposal of surplus funds 42.17.095 Earmarked contributions 42.17.135 Exceptions 42.17.030, 42.17.035 Expenditures authority for and restrictions on 42.17.070 identification of contributions and expenditures 42.17.120 out-of-state political committees, reports 42.17.093 reporting requirements 42.17.080, 42.17.090 Fund-raising activities, alternative reporting method 42.17.067 Independent expenditures 42.17.100 Late contributions 42.17.105 Legislators mailing restrictions 42.52.185 Mailings by legislators, restrictions 42.52.185 Personal use of contributions 42.17.125 Policy declaration 42.17.010 Political committee continuing committee, filing and reporting 42.17.065 depositories 42.17.050 number of committees that may support candidate limited 42.17.050 statement of organization 42.17.040 treasurer 42.17.050 Public funds, use to finance campaign prohibited 42.17.128 Public office or agency facilities use in campaign, prohibition 42.17.130 Public office or agency facilities use in campaign forbidden state officer or employee exemption 42.17.131 Reporting of contributions and expenditures 42.17.080, 42.17.090 Special reports independent expenditures 42.17.100 large contributions 42.17.105 late contributions 42.17.105 political advertising 42.17.103 Surplus funds, disposal of 42.17.095 Treasurer personal use of contributions 42.17.125 reporting of contributions and expenditures 42.17.080, 42.17.090 CAMPERS (See MOTOR VEHICLES, subtitle Camper units) CAMPING RESORTS Administration of chapter 19.105.530 Administrative procedure act 19.105.540 Advertisements filing 19.105.360 prohibitions, remedies 19.105.365 Campgrounds availability requirements 19.105.336 availability requirements, protections 19.105.340 blanket encumbrances 19.105.336 Cease and desist orders 19.105.470 Consumer protection act, applicability 19.105.500 Contracts application of law, exemptions 19.105.510 cancellation by purchaser 19.105.390 estoppel 19.105.400 filing 19.105.360 misrepresentation statute of limitations 19.105.480 permit to market required 19.105.310 prohibited actions 19.105.340 registration required 19.105.310 reserve fund to protect purchasers 19.105.350 voidable 19.105.400 Definitions 19.105.300 Disclosures to prospective buyer filing 19.105.360 requirements 19.105.370 Impoundment of funds 19.105.340 Injunctions 19.105.470 Investigations 19.105.450 Purchaser lists, authorized uses 19.105.405 Registration actions against 19.105.350 application procedure 19.105.320, 19.105.330 approval is not state endorsement 19.105.520 exemptions 19.105.325, 19.105.345 fees 19.105.411 renewal and amendment 19.105.420 signature requirements 19.105.333 uniform regulation of business and professions act 19.105.560 unprofessional conduct, disciplinary action 19.105.380 Sales promotion literature, filing 19.105.360 Salesperson registration required, exemptions 19.105.430 [RCW Index—page 67] CAMPS AND CONFERENCE CENTERS unprofessional conduct 19.105.440 Violations consumer protection act, applicability 19.105.500 gross misdemeanors 19.105.480 penalties 19.105.380 referral to attorney general or prosecuting attorney 19.105.490 remedies 19.105.470 statute of limitations 19.105.480 CAMPS AND CONFERENCE CENTERS Business and occupation tax exemption for items sold 82.04.363 Sales tax exemption for items sold 82.08.830 CANADA Bonds or obligations authorized investment for mutual savings banks 32.20.030 savings and loan associations 33.24.020 statewide city employees’ retirement system funds, authorized investment in 41.44.100 Border crossing drivers’ licenses, identicards 46.20.202, 46.20.2021 Electric power joint operating agencies, negotiations with 43.52.300 Industrial insurance, jurisdiction agreements 51.04.020 Insurance, investment in Canadian securities 48.13.180 Pacific Northwest economic region cooperative activities encouraged 43.147.030 findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 terms of agreement 43.147.010 Pacific salmon treaty Ch. 77.75 Prescription drugs 18.64.360, 18.64.480, 18.64.490 Sewerage systems cities and towns, contracts with Canadian corporations 35.92.410 Water systems cities and towns, contracts with Canadian corporations 35.92.400 CANAL COMPANIES Common carriers, subject to legislative control Const. Art. 12 § 13 Discrimination in charges prohibited Const. Art. 12 § 15 Eminent domain authority 81.36.010 Labor liens, See LIENS, subtitle Franchises, earnings, property of certain companies Right of entry authority 81.36.020 CANALS, DITCHES, AND DRAINS (See also DIKING AND DRAINAGE) Cities and towns drainage systems, authority to provide 35.21.210 lowland filling Ch. 35.56 safeguarding 35.43.040, 35.43.045 Commercial waterway districts, See WATERCOURSES AND WATERWAYS Counties, construction, joint authority 36.64.060 County roads improvement districts, See COUNTY ROADS AND BRIDGES, subtitle Canals and ditches Diking district powers, See DIKING AND DRAINAGE Eminent domain private ditches and drains, See CANALS, DITCHES, AND DRAINS, subtitle Private ditches and drains [RCW Index—page 68] Harbor improvement districts, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Health and safety 35.43.040, 35.43.045, 35.44.045, 36.88.380, 36.88.390, 36.88.400, 87.03.480, 87.03.526 Highways, logs on highway right of way or in drainage ditch as public nuisance 47.32.130 Irrigation districts hydroelectric generation development legislative intent 87.03.013 powers, generally 87.03.015 Irrigation districts, See also IRRIGATION DISTRICTS Joint county and United States canal construction, authority 36.64.060 Lake Washington ship canal additional right-of-way 37.08.250 consent of state given to United States to construct and operate 37.08.240 lowering and raising waters, liability for damages 37.08.240 Local improvements and assessments fences, culverts, syphons, or coverings, open canal hazards assessments for 35.43.040 authority for 35.43.040 presumption 35.43.040 installation of safeguards 35.43.045 right of entry 35.43.045 Obstructing is nuisance 7.48.120 Obstructing or interfering with a public nuisance, penalty 9.66.010 Port districts, acquisition and operation of facilities 53.08.020 Private ditches and drains, appropriation of land for authority for 85.28.010 cost bonds, posting 85.28.030 generally Ch. 85.28 petitions to appropriate, generally 85.28.020 summons to landowners generally 85.28.060 service by publication 85.28.080 tideland or marshland, drainage 85.28.130, 85.28.140 trials appeal from 85.28.100 generally 85.28.090 viewers appointment 85.28.040 compensation 85.28.110 duties, generally 85.28.040 new viewers appointed, when 85.28.120 report of 85.28.050 Private property, taking of for private use Const. Art. 1 § 16 Railroads, crossings over 81.36.030 Rivers and streams, crossing or along 81.36.040 Safeguarding 35.43.040, 35.43.045, 35.44.045, 36.88.015, 36.88.380, 36.88.390, 36.88.400, 87.03.480, 87.03.526 CANCER Breast and cervical cancer screening program, early detection medical advisory committee 43.70.665 Comprehensive cancer centers business and occupation tax exemption 82.04.4265 Controlled substances therapeutic research program Ch. 69.51 Marijuana medical use Ch. 69.51A Registry, statewide program authorized 70.54.230 confidentiality of data obtained 70.54.250 immunity from liability for providing required information 70.54.260 reporting requirements 70.54.240 rule-making authority 70.54.270 CANDIDATES (See also ELECTIONS) Alcoholic beverages, candidate purchasing or giving liquor on election day prohibited 66.44.265 Cities and towns, See CITIES AND TOWNS, subtitle Elections Counties, See COUNTIES, subtitle Elections Disclosure, See PUBLIC DISCLOSURE Disqualification for conviction of subversive act 9.81.040 Elective offices - qualifications, terms, and requirements Ch. 29A.20 Filing for office Ch. 29A.24 Municipal court judges, majority of votes in primary, effect 35.20.150 Vacancies Ch. 29A.28 CANDY Alcohol content regulated 66.12.160, 66.12.170 CANNABIS (See DRUGS, subtitle Controlled substances) CANS (See BEVERAGE CONTAINERS; RECYCLING; WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT) CAPITAL (See STATE CAPITAL) CAPITAL NOTES AND DEBENTURES Banks, See BANKS AND BANKING, subtitle Capital notes or debentures Creditors 30.36.010 CAPITAL PUNISHMENT Generally Ch. 10.95 Murder, first degree 9A.32.040 Reprieve, governor’s power to grant 10.01.120 Witnesses to execution designation of, procedure 10.95.185 CAPITAL STOCK Banks, See BANKS AND BANKING, subtitle Capital stock Corporations, See CORPORATIONS, subtitle Capital stock Trust companies, investment in international or foreign banking institutions, authorized 30.04.380 CAPITAL STOCK SAVINGS BANKS Conversion of mutual savings banks Ch. 32.32 CAPITOL (See STATE CAPITAL) CAPITOL BUILDING LANDS Designation of land - bonds - uses Ch. 79.24 CAPTURE BY ENEMY Federal missing persons act, written finding of federal officer or employee prima facie evidence 5.40.030 CAR POOLS High occupancy vehicle lanes use restrictions 46.61.165 Reserved lanes, exclusive use by 46.61.165 CARBON Oil and gas, when products considered waste 78.52.140 CARBONATED BEVERAGES Tax imposed Ch. 82.64 CAREER EDUCATION (See WORK FORCE TRAINING AND EDUCATION) CAREER LADDERS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Career ladder) CARNAL KNOWLEDGE Prevention of procreation as punishment 9.92.100 CARNIVALS Safety regulation of amusement rides Ch. 67.42 CARRIERS (See COMMON CARRIERS) CARS (See MOTOR VEHICLES) CASCADIA DIAGNOSITC CENTER (See STATE INSTITUTIONS) (2008 Ed.) CEMETERIES CASCARA BARK Specialized forest products defined as 76.48.020 permit required 76.48.060 transportation or possession without permit unlawful 76.48.070 CASE FORECAST COUNCIL Organization and duties Ch. 43.88C CASKETS (See FUNERAL DIRECTORS AND EMBALMERS) CASKS (See BEVERAGE CONTAINERS) CASUALTY INSURANCE (See INSURANCE, subtitle Casualty insurance) CATHETERIZATION Schools, authority of common schools to allow 28A.210.280, 28A.210.290 CATS (See ANIMALS) CATTLE (See LIVESTOCK) CEDAR Cedar processor purchases, possession, unlawful, when 76.48.096 records of purchase or retention of cedar products or salvage 76.48.094 registration certificate, display required 76.48.098 sales limitations 76.48.098 unlawful procedures 76.48.096 Cedar salvage, specialized forest products, designated as 76.48.020 Processed cedar products, specialized forest products, designated as 76.48.020 Specialized forest products defined as 76.48.020 permit required 76.48.060 transportation or possession without permit unlawful 76.48.070 CELL PHONES (See TELEPHONES, subtitle Wireless service) CEMETERIES (See also BURIAL AND INTERMENT; FUNERAL DIRECTORS AND EMBALMERS) Abandoned cemeteries dedication 68.60.020 definitions 68.60.010 restoration, maintenance, and protection 68.60.030 violations, penalties 68.60.060 Abandoned cemetery document, notice and recording 65.04.033 Abandoned lots, procedures Ch. 68.36 Arrangements, notice requirements 68.24.250 Authorization for burial or cremation 68.50.170 Buildings and grounds damage or destruction 68.60.040 Cease and desist orders 68.05.320, 68.05.340, 68.05.350, 68.05.360, 68.05.370 Cemetery account 68.05.285 Cemetery board administrative authority Ch. 68.05 compensation and travel expenses 68.05.060 definitions 68.05.020 enforcement authority 68.05.120 examination of reports 68.05.190 executive secretary and officers 68.05.095 exemptions from regulations 68.05.400 forfeiture of office 68.56.070 immunity from suit 68.05.290 meetings 68.05.080 membership 68.05.040, 68.05.050 powers and duties 68.05.090, 68.05.105 rule-making authority 68.05.100 Cemetery districts, establishment and operation Ch. 68.52 Certificate of authority expiration 68.05.115 fees 68.05.215 proof of compliance 68.05.210 (2008 Ed.) required for interment 68.05.240 revocation, suspension, or termination 68.05.173 transfer or sale of ownership or control 68.05.115 unprofessional conduct, disciplinary action 68.05.300, 68.05.310 violations, revocation 68.05.330 Cities and towns acquisition and maintenance 68.52.040 annexation of territory for 35.13.180 cemetery board 68.52.045 exemptions from regulation by board 68.05.400 first class cities, regulation of 35.22.280 improvement fund 68.52.050, 68.52.060, 68.52.065, 68.52.070, 68.52.080 second class cities, establishment and regulation 35.23.440 Cities and towns, See also CITIES AND TOWNS, subtitle Cemeteries Conveyances, cemetery plots, generally Ch. 68.32 Counties exemptions from regulation by board 68.05.400 Counties, See COUNTIES, subtitle Cemeteries Cremation burial or scatter of remains 68.05.195 permit or endorsement 68.05.175, 68.05.390 Crematories permit or endorsement 68.05.245 Crimes damage or destruction of tomb, monument, or enclosure 68.60.040 grave robbing 68.60.040 Dedication of property 68.24.030, 68.24.040, 68.24.050, 68.24.070, 68.24.080, 68.24.100, 68.24.160 Dedication of property, removal 68.24.090 Definitions relating to cemeteries, morgues, and human remains Ch. 68.04 Department defined 68.05.024 Director defined 68.05.028 Discrimination, refusing burial to non-Caucasian 68.50.035 Districts dissolution Ch. 53.48 establishment in all counties and islands 68.52.090 Endowment care establishment of nonendowment care cemeteries prohibited 68.40.100 exemptions from law 68.40.095 fiscal reports, filing and review 68.40.040 fund requirements 68.40.010, Ch. 68.44 funds defined 68.05.030 examination by board 68.05.150, 68.05.254, 68.05.259 failure to deposit minimum amount 68.05.160 preservation and protection 68.05.170 reinvestment 68.05.170 reporting requirements 68.05.180 nonendowed sections, identification 68.40.025 property received in trust 68.40.060 representation of fund as perpetual 68.40.085 violations, penalty 68.40.090 Exemption from execution 68.24.220 Exemptions from regulation by board 68.05.400 Fees 68.05.205 Grave robbing 68.60.040 Historic cemeteries dedication 68.60.020 definitions 68.60.010 violations, penalties 68.60.060 Interment, rights of commission on sales prohibited 68.24.140 indivisible 68.24.120 multiple interment, disclosure 68.24.250 ownership and transfer records 68.24.150 sale 68.24.110 sale for resale prohibited 68.24.130 Interment, rights to authority to use 68.32.050 conveyance to cemetery authority 68.32.160 co-owners 68.32.100 inheritance 68.32.040 joint tenants 68.32.070, 68.32.080, 68.32.090 order 68.32.100, 68.32.110 title 68.32.010 vested rights 68.32.020, 68.32.030 Licenses revocation, suspension, or termination 68.05.173 unprofessional conduct, disciplinary action 68.05.300 violations, penalties 68.05.330 Liens subordinate to dedication 68.24.160 Maintenance funds endowment care 68.05.030 Maps and plats amendment 68.24.060 filing 68.24.030 requirements 68.24.020 Mausoleums and columbariums, construction standards Ch. 68.28 Nonendowed sections identification 68.40.025 Nonendowment care establishment prohibited 68.40.100 Nonprofit associations tax exempt land 68.20.110, 68.20.120 Nuisances obstruction of way to burial place 7.48.140 when 68.56.040 Platting, subdivision and dedication of land act, exemption 58.17.040 Plots abandoned lots, procedures Ch. 68.36 authority to use 68.32.050 commission on sales 68.24.140 conveyance 68.24.115 conveyance to cemetery authority 68.32.160 co-owners 68.32.100 family plots, sale 68.32.060 indivisibility 68.24.120 inheritance 68.32.040 inheritance tax, exemption 68.32.170 interment order 68.32.110 joint tenancy 68.32.070, 68.32.080, 68.32.090 ownership and transfer records 68.24.170 placement, waiver 68.32.130 sale 68.24.110 sale for resale prohibited 68.24.130 title to plot 68.32.010 vested rights 68.32.020, 68.32.030, 68.32.140, 68.32.150 Police authority and enforcement 68.56.060 Prearrangement contracts bond requirements 68.46.030 cease and desist orders 68.05.320 cemetery merchandise or services, defined 68.46.010 definitions 68.46.010 exemptions from law 68.46.125, 68.46.130 financial reports 68.46.090 form, filing 68.46.160 inactive contracts 68.46.075 indebtedness limitations 68.46.055 involuntary termination 68.46.070 requirements 68.46.100 sales licenses 68.46.170 statutory compliance 68.46.110 termination by purchaser or beneficiary 68.46.060 trust fund, prohibited uses 68.46.080 trust fund deposits 68.46.030, 68.46.040 trust fund required 68.46.020 trust fund withdrawals 68.46.050 unconstructed crypts, etc. 68.46.175 [RCW Index—page 69] CEMETERY DISTRICTS Prearrangement services cease and desist orders 68.05.320, 68.05.340, 68.05.350, 68.05.360, 68.05.370 contracts Ch. 68.46 examination by board 68.05.150 failure to comply with statutory requirements 68.05.160 reporting requirements 68.05.180 reports, filing 68.05.235 sales licenses application 68.05.155 revocation, suspension, or termination 68.05.173 terms and fees 68.05.225 unprofessional conduct, disciplinary action 68.05.300, 68.05.310 violations, penalty 68.05.330 Prearrangement trust funds examination by board 68.05.150, 68.05.254, 68.05.259 Private corporations control of property 68.20.061 county, city, and town regulation 68.20.080 improper assemblages, prevention 68.20.066 incorporation 68.20.010 interment, prevention 68.20.065 markers, monuments, and structures, regulation 68.20.062, 68.20.063 organization 68.20.020 plants and shrubs, regulation 68.20.064 powers 68.20.030, 68.20.050 prior corporations, effect 68.20.040 rule making and enforcement 68.20.060 rules and regulations 68.20.067, 68.20.070 Property, right to acquire 68.24.010 Public utilities through cemetery 68.24.180, 68.24.190 Records of remains 68.50.240 Removal of remains, procedure 68.50.200, 68.50.210, 68.50.220 Reports, filing 68.05.235 Roads and railroads through cemetery 68.24.180, 68.24.190 Sale, transfer, or creation of new 68.05.115 Taxation exemptions 68.24.240 Undisposed remains 68.50.230 Uniform regulation of business and professions act 68.05.430 Unlawful damage civil liability 68.56.020 exceptions 68.56.030 penalty 68.56.010 Unlawful employment of others to dispose of human remains 68.24.150 Veterans’ cemetery Ch. 72.36 Violations enforcement 68.05.090 liability 68.56.050 CEMETERY DISTRICTS Annexation and merger Ch. 68.54 Cemetery district fund 68.52.280, 68.52.290, 68.52.300 Cities and towns, inclusion 68.52.210 Commissioners election and compensation 68.52.220 oaths 68.52.260 organization and operation 68.52.270 vacancies 68.52.155 Community revitalization financing 68.52.195 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Dissolution 68.52.320 Elections 68.52.155 Eminent domain 68.52.200, 68.52.210 Establishment authority 68.52.090 commissioners 68.52.140 election 68.52.150, 68.52.160, 68.52.170, 68.52.185 hearing 68.52.110, 68.52.130 [RCW Index—page 70] notices 68.52.120 petition, contents 68.52.100 review 68.52.180 Indebtedness, limitation 68.52.310 Joint operation, purchasing, or contracting 68.52.192 Merger and annexation Ch. 68.54 Powers 68.52.190 Special elections 68.52.250 Taxation 68.52.290, 68.52.310 CENSUS Annexation annexed territory, certification, basis for allocation of state funds 35.13.260 basis for allocation of state funds 35.13.260 times for making 43.62.030 Annexed territory, certification 35.13.260 Apportionment of legislature based upon Const. Art. 2 § 3 Cities and towns allocations of state funds based upon, finality 43.62.020 annexation 35.13.260 assistance to office of financial management in making 43.62.040 certification of 43.62.030 determination of 43.62.030 disincorporation 43.62.030 incorporation, procedure 43.62.030 times for making 43.62.030 Counties determination and certification of population, office of financial management 43.62.035 County allocation of state funds, basis 36.13.100 authorized 36.13.020 determination 36.13.030, 36.13.050, 36.13.100 enumerators employment for 36.13.030 information given to 36.13.040 penalties for violations 36.13.070 Enumeration to be made in decennial periods Const. Art. 2 § 3 Exclusion of certain persons Const. Art. 2 § 3 Financial management, office of, powers and duties of planning and community affairs agency transferred to 43.41.050 CENTRAL BUDGET AGENCY Abolished 43.41.940 CENTRAL STORES (See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Central stores) CENTRAL WASHINGTON UNIVERSITY (See COLLEGES AND UNIVERSITIES; REGIONAL UNIVERSITIES) CEREBRAL PALSY Cerebral palsy center, powers, functions, for operation of, transferred to department of social and health services 70.82.050 Diagnosis 70.82.040 Eligibility for services and facilities 70.82.030 Funds appropriations from 70.82.021 transfer to state general fund 70.82.021 warrants 70.82.024 Purpose and aim of program 70.82.010 CERTIFICATED EMPLOYEES (See SCHOOLS AND SCHOOL DISTRICTS) CERTIFICATES (See also CERTIFICATION; LICENSES) Corporations, See CORPORATIONS, subtitle Certificates of incorporation; CORPORATIONS, subtitle Certificates of stock Docket, certificate of lien, cessation entry, effect 4.64.100 Elections, See ELECTIONS, subtitle Certificates and certifications Falsifying by public officer 42.20.050 For hire vehicles, Ch. 46.72 Insurance group disability, certificates for 48.21.080 group life insurance 48.24.170 use as evidence 48.02.130 Liens cessation of judgments, certificates of to another county 4.64.100 public works, notification of department of revenue 60.28.050 services of sires, auditor’s certificate to owners 60.52.020 Motor vehicles license registration, See MOTOR VEHICLES, subtitle Certificate of license registration ownership, See MOTOR VEHICLES, subtitle Certificate of ownership Partition proceedings, judgment lien unsatisfied 7.52.160 Registration of contractors, See CONTRACTORS Shellfish sanitary control, certificates of compliance Ch. 69.30 Stock, transfer of, See STOCK TRANSFER CERTIFICATION Banks, checks, without funds 30.16.010 Census of cities and towns 43.62.030 Chemical dependency professionals Ch. 18.205 Copies of instruments restoring civil rights 5.44.090 Department of licensing, certified copies of records, restrictions, fee 46.01.250 Digital signatures electronic authentication and certification authority Ch. 19.34 Drainage districts, assessment roll 85.32.090 Elections, See ELECTIONS, subtitle Certificates and certifications Injunctions, order of 7.40.100 Instruments affecting real property effect of recording 65.08.110 recording 65.08.100 separate parcels situated in different counties, recording 65.08.110 Mandamus, verdict 7.16.240 Public records and documents, admissibility of evidence 5.44.040 Redemptions judgment docket copies 6.23.080 mortgage record copies 6.23.080 Supplemental proceedings, referee to judge 6.32.040 Writ of certiorari 7.16.060 CERTIFIED CHECKS (See also UNIFORM COMMERCIAL CODE, subtitle Negotiable instruments) Bona fide holder’s rights 30.16.010 Certification without funds, penalty 30.16.010 Effect 30.16.010 CERTIFIED MAIL Use where registered mail authorized 1.12.060 CERTIFIED PUBLIC ACCOUNTANTS (See ACCOUNTANTS) CERTIORARI Affidavit, application for writ by 7.16.050 Application for writ 7.16.050 Charitable trusts, order of attorney general related to, court review 11.110.110 County board of adjustment ruling 36.70.890 Courts, power to grant 7.16.040 superior courts 2.08.010, Const. Art. 4 § 6 supreme court 2.04.010, Const. Art. 4 § 4 Definitions certiorari 7.16.030 judgment 7.16.020 motion 7.16.020 order 7.16.020 Grounds 7.16.040 Hearings 7.16.110 judicial determinations 7.16.120 (2008 Ed.) CHARITABLE TRUSTS time of 7.16.330 Judgment 7.16.110 copy, transmittal to inferior tribunal, board, or officer 7.16.130 Judgment roll 7.16.140 Notice of application for writ 7.16.050 Orders to show cause why notice for application of writ should not be allowed 7.16.050 Parties, designation of 7.16.010 Rules of practice 7.16.340 State agency action reviewable under administrative procedure act or land use petition act inapplicability of chapter 7.16.360 Stay of proceedings 7.16.070, 7.16.080 Superior courts’ power to issue 2.08.010, Const. Art. 4 § 6 Supreme court jurisdiction as to 2.04.010 power to issue Const. Art. 4 § 4 Writ certification 7.16.060 contents 7.16.070 directed to whom 7.16.060 return 7.16.110 return with transcript required, when 7.16.060 returnable, when 7.16.330 service of 7.16.100 service of or return 7.16.110 CESSPOOLS Failing to fence or cover a public nuisance 7.48.140 First class cities assessment for closing 35.22.320 filling and closing 35.22.310 CHAIN DISTRIBUTION SCHEMES (See PYRAMID SCHEMES) CHALLENGES Elections, See ELECTIONS Jurors, See JURIES AND JURORS, subtitle challenges to jurors Legal sufficiency of evidence effect 4.56.150 nonsuit, when 4.56.120 procedure 4.56.150 Referees, to 4.48.050 CHANGE OF NAMES (See also NAMES) Special legislation prohibited Const. Art. 2 § 28 CHAPLAINS Agencies housing allowance 41.04.360 County health facility authorized to employ chaplains Const. Art. 1 § 11 Public health district facility authorized to employ chaplains Const. Art. 1 § 11 Public hospital districts employment authorized 70.44.059 State institutions appointment 72.01.210, 72.01.212, 72.01.220, 72.01.230, 72.01.240 housing allowance 41.04.360 State penitentiary and reformatory Const. Art. 1 § 11 CHARGE D’AFFAIRES Foreign acknowledgments 64.08.040 CHARGES (See FEES; RATES AND CHARGES) CHARITABLE ORGANIZATIONS (See also CHARITABLE SOLICITATIONS) Boxing, martial arts, and wrestling events, amateur contestants, medical certification 67.08.015 Charitable gift annuities, See INSURANCE, subtitle Charitable gift annuities Charitable solicitations Ch. 19.09 Children donors and distributors of items to children immunity from civil and criminal liability 70.200.020 construction of chapter 70.200.030 (2008 Ed.) definitions 70.200.010 Combined fund drive account 41.04.039 contracts and partnerships 41.04.0332 definitions 41.04.035 powers and duties 41.04.0331 rules, procedures 41.04.036 rules and committee, authority to establish 41.04.033 Donation bins, deposit of trash in misdemeanor 9.91.130 Finances advisory council 19.09.550 education program 19.09.510, 19.09.520, 19.09.530 reciprocal agreements, other states 19.09.560 reports and information 19.09.500, 19.09.540 Gambling 9.46.0209, 9.46.0311, 9.46.0321, 9.46.0351 raffles, authority to conduct 9.46.0315 sharing facilities 9.46.0701 Nonprofit corporation act Ch. 24.03 Public employees, payroll deductions for 41.04.035, 41.04.036 Unclaimed property, receipt of, when 63.24.160 Uniform management of institutional funds act Ch. 24.44 United fund, payroll deductions 41.04.035, 41.04.036 CHARITABLE SOLICITATIONS Administrative procedure 19.09.430 Advertising, prohibited practices 19.09.100 Annual report, secretary of state to publish 19.09.440 Business and occupation tax exemption for nonprofit organizations 82.04.3651 Commercial fund raisers advertising requirements 19.09.100 annual report, secretary of state to publish 19.09.440 change of information 19.09.085 contracts, limitations and requirements 19.09.097 disclosure requirements 19.09.100 financial statements 19.09.210 limitations on practices 19.09.100 prohibited acts 19.09.230, 19.09.240 recordkeeping requirements 19.09.200 registration application 19.09.079 failure to file, late filing fee 19.09.271 form, contents 19.09.097 required 19.09.065 reregistration 19.09.085 service of process 19.09.305 surety bond 19.09.190 telephone solicitations 19.09.100 ticket sales 19.09.100 use of another entity’s name or emblem without consent 19.09.230 violations, penalties 19.09.275 Conditions and requirements 19.09.100 Cost of solicitation 19.09.100 Definitions 19.09.020 Disclosure requirements 19.09.100 Endorsements conditions 19.09.230 Fees, disposition 19.09.355 Financial statements 19.09.210, 19.09.315 Forms and procedures 19.09.315 Names or emblems use of another entity’s similar name 19.09.240 use prohibited without consent 19.09.230 Organizations annual report, secretary of state to publish 19.09.440 change of information 19.09.085 conditions, who may conduct 19.09.100 contracts with commercial fund raisers 19.09.097 financial statements 19.09.210 recordkeeping requirements 19.09.200 registration 19.09.076 application 19.09.075 exemptions 19.09.076 failure to file, late filing fee 19.09.271 required 19.09.065 reregistration 19.09.085 violations, penalties 19.09.275 Prohibited acts use of another entity’s name or emblem without consent 19.09.230 use of similar names, symbols, or statements 19.09.240 violations, penalties 19.09.275 waiver of penalties, procedure 19.09.276 Sales tax exemption for nonprofit organizations 82.08.02573 Service of process 19.09.305 Surety bonds, requirements 19.09.190 Telephone, regulated 80.36.390 Ticket sales 19.09.100 Unfair practices, procedures 19.09.340 Violations assessments, recovery 19.09.279 cease and desist orders, attorney general may issue 19.09.277 hearing 19.09.279 investigations, attorney general’s powers 19.09.410 investigations and publication of information 19.09.400 penalties 19.09.275, 19.09.279 records availability to attorney general 19.09.420 waiver of penalties, procedure 19.09.276 CHARITABLE TRUSTS Attorney general court review of orders relating to 11.110.110 enforcement of orders relating to 11.110.110 investigative authority 11.110.100 notification of judicial proceedings regarding charitable trusts, to receive 11.110.120 orders to trustees to appear 11.110.110 proceedings to secure compliance with orders 11.110.120 Court review of orders of attorney general 11.110.110 Definitions 11.110.020 Enforcement of orders to appear 11.110.100 Filings instrument establishing, filed with secretary of state 11.110.060 inventory of assets, time 11.110.060 tax or information return or report 11.110.070 Instruments establishing, filed with secretary of state 11.110.060 Inventory of assets, filing, time for compliance 11.110.060 Investigations by attorney general, authorized 11.110.100 Judicial proceedings, copies of, relating to filed with attorney general 11.110.120 Order to appear to trustee by attorney general 11.110.110 effect 11.110.110 Penalty for violations 11.110.140 Powers and duties of attorney general related to are in addition to other powers and duties 11.110.120 Proceedings to secure compliance with orders of attorney general 11.110.120 Public records, availability 11.110.040 Purpose of chapter 11.110.010 Secretary of state fees rule adoption to establish 43.07.125 filing requirements 11.110.060 Tax or information return or report, filing 11.110.070 Tax reform act of 1969 application to 11.110.200 amendment to existing trust 11.110.250 trusts created after June 10, 1971 11.110.250 [RCW Index—page 71] CHARTERS rights and powers of attorney general not impaired 11.110.230 court not impaired 11.110.230 state implementation 11.110.200 trust instruments deemed to contain certain provisions for distribution 11.110.220 prohibiting provisions 11.110.210 Trustees, registration requirements 11.110.051 Trusts not exclusively for charitable purposes access to information 11.110.075 Uniformity of laws with other state laws 11.110.090 Violations civil action by attorney general 11.110.130 penalty 11.110.140 refusal to comply with rules promulgated by secretary of state 11.110.125 file reports 11.110.125 perform duties 11.110.125 CHARTERS Cities alternative propositions, submission of Const. Art. 11 § 10 amendment by special law prohibited Const. Art. 2 § 28 election of freeholders Const. Art. 11 § 10 first class cities 35.22.030, 35.22.050, 35.22.055, 35.22.060, 35.22.070, 35.22.080, 35.22.090, 35.22.100, 35.22.110, 35.22.120, 35.22.130, 35.22.140, 35.22.150, 35.22.160, 35.22.170, 35.22.180, 35.22.190, 35.22.200 exercising powers and duties in accordance with 35.22.020 petition for 35.22.130 contents of 35.22.130 publication of election notices and proposed charter Const. Art. 11 § 10 vote on, majority necessary to ratify Const. Art. 11 § 10 Cities over ten thousand, power to frame charter Const. Art. 11 § 10 Combined city and county municipal corporations Const. Art. 11 § 16 Corporate creation by special legislation prohibited Const. Art. 12 § 1 extension of by legislature prohibited Const. Art. 12 § 3 forfeiture of, not to be remitted Const. Art. 12 §3 void for want of organization, when Const. Art. 12 § 2 County, home rule Const. Art. 11 § 4 First class cities, amendment, petition for 35.22.130 Municipal creation or amendment by special law, prohibited Const. Art. 2 § 28 election for, how conducted Const. Art. 11 § 10 grant of, to be under general laws Const. Art. 11 § 10 how amended Const. Art. 11 § 10 power of certain cities to frame Const. Art. 11 § 10 publication, prior to submission Const. Art. 11 § 10 subject to general laws Const. Art. 11 § 10 submission of alternate propositions Const. Art. 11 § 10 CHATTEL LIENS (See LIENS, subtitle Chattel liens) CHATTEL MORTGAGES (See also MORTGAGES) Destruction, conversion, sale, removal, etc., of property to avoid, penalty 9.45.060 Fees sheriff’s foreclosure sale 36.18.040 [RCW Index—page 72] Foreclosure, franchises subject to sale on order of foreclosure sheriff’s fee 36.18.040 Insurance companies, investment in 48.13.110, 48.13.150 CHATTELS (See PERSONAL PROPERTY) CHEAT (See FRAUD) CHECK CASHERS AND SELLERS Application of chapter, exemptions 31.45.020 Bonding requirements 31.45.030 Checks, drafts, or money orders sold, requirements 31.45.060 Definitions 31.45.010 Financial institutions, department of director’s administrative power and discretion 31.45.200 License application 31.45.030, 31.45.040 deposit in lieu of bond 31.45.030 director of financial institutions, duties 31.45.030 fee and bond 31.45.030 investigation by director of financial institutions 31.45.040 investigation or examination fee and annual assessment fee 31.45.050 required 31.45.030 Licensee failure to perform obligations director of financial institution’s duty 31.45.150 fees and charges schedule, posting requirement 31.45.060 issuance temporary cease and desist order 31.45.120 possession of property and business by director of financial institutions appointment of receiver 31.45.160 powers and authority 31.45.160 recordkeeping 31.45.060 report requirements, rules 31.45.090 restrictions 31.45.070 suspension or revocation of license closing audit report 31.45.090 temporary cease and desist order application for injunction 31.45.130 violation 31.45.140 transactions permitted 31.45.070 unsafe or unsound practice cease and desist order 31.45.110 notice of charges, hearing 31.45.110 Location change notice 31.45.050 Military borrowers licensee’s duty, definition 31.45.210 Records and accounts examination or investigation by director of financial institutions 31.45.100 Small loan endorsement agent for licensee or exempt entity 31.45.079 application 31.45.040 application and fees 31.45.077 delinquent small loan, collection 31.45.082 disclosure requirements 31.45.088 fee and bond 31.45.030 interest and fees allowed 31.45.073 investigation by director of financial institutions 31.45.040 investigation or examination fee and annual assessment fee 31.45.050 payment plan, terms and restrictions 31.45.084 postdated check or draft as security 31.45.073 restrictions 31.45.070 right of rescission 31.45.086 transactions permitted 31.45.070 Tax refund anticipation loans Ch. 19.265 Trust funds deposit requirements 31.45.080 rules for maintenance 31.45.080 Violation of consumer protection act remedies 31.45.190 Violations, penalty 31.45.105, 31.45.180 CHECKS AND DRAFTS (See also NEGOTIABLE INSTRUMENTS, subtitle Checks; UNIFORM COMMERCIAL CODE, subtitle Negotiable instruments) Bank deposits and collections Ch. 62A.4 Certified bona fide holder’s rights 30.16.010 certification without funds, penalty 30.16.010 effect 30.16.010 Check cashers and sellers, regulation Ch. 31.45 City or town employee payroll check, draft, or warrant city or town may cash, conditions 35.21.087 Colleges and universities check cashing for students and employees 28B.10.031 Credit card used as check cashing identification card number not to be recorded 62A.3-512 Dishonored checks failure to comply with requirements 62A.3525 form for notice 62A.3-520 motor vehicle fees, procedures 46.01.230 payee’s rights 62A.3-515 service of notice by mail 62A.3-522 Prizes, promotional advertising of prizes simulated or continuing obligations checks, prohibitions and restrictions 19.170.050 State cashing checks, drafts, and warrants for state officers, employees, and others authorized 43.08.180 Stop-payment order, unlawful class C felony, amount 9A.56.060 gross misdemeanor, amount 9A.56.060 Unclaimed property, uniform act 63.29.050 Unlawful issuance class C felony, amount 9A.56.060 "credit", defined 9A.56.060 defined 9A.56.060 gross misdemeanor, amount 9A.56.060 intent, presumption of 9A.56.060 venue 4.12.025 CHEESE (See DAIRIES AND DAIRY PRODUCTS) CHEHALIS INDIANS Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120, 37.12.130, 37.12.140 CHELAN COUNTY Boundaries, tracing of 36.04.040 Superior court judges, number of 2.08.062 CHEMICAL DEPENDENCY (See ALCOHOLISM AND DRUG ADDICTION) CHEMICALS (See PESTICIDE APPLICATION; POISONS) CHEMISTS Agriculture, department of duties of official chemists 43.23.200, 43.23.205 CHICKENS (See POULTRY) CHIEF JUSTICE OF SUPREME COURT Administrator for the courts assignment of judges, recommended by administrator 2.56.040 assistants appointed and compensation fixed under approval of chief justice 2.56.020 funds disbursed under order of chief justice 2.56.090 Assignment of judges to other county or district 2.56.040 Commission on supreme court reports, duties 2.32.160 Impeachment trials, presides, when Const. Art. 5 §1 Method of determining Const. Art. 4 § 3 Selection of Const. Art. 4 § 3 (2008 Ed.) CHILD CUSTODY Utilities and transportation commission members, removal of, tribunal appointed by 80.01.010 CHILD ABUSE Adolescents, abuse of DSHS staff training 26.44.220, 26.44.230 Alcohol or controlled substances as contributing factor, evaluation of alleged perpetrator 26.44.170 Background investigations of certain prospective employees and volunteers definitions, records 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838, 43.43.840 finger-print based 43.43.839 immunity of state 43.43.833 Birth certificates, children’s trust fund 70.58.085 Children’s services child abuse and neglect multidisciplinary teams 74.14B.030 Children’s trust of Washington renamed council for children and families 43.121.185 Corporal punishment 9A.16.100 Council for children and families children’s trust fund 43.121.100 contracts for services factors in awarding 43.121.070 funding 43.121.060, 43.121.080 definitions 43.121.015 executive director 43.121.040 funding, partial 43.121.080 home visitation program 43.121.170, 43.121.175, 43.121.180 legislative intent 43.121.010 members compensation and travel expenses 43.121.030 membership, terms, qualifications 43.121.020 postpartum depression, information 43.121.160 powers and duties 43.121.050 programs, scope 43.121.060 Counseling referrals availability notice 74.14B.050 Deaf, state school for investigation 26.44.210 Demonstration project for protection, care, and treatment of children at risk of abuse or neglect 74.13.200, 74.13.210, 74.13.220, 74.13.230 Dependency petitions physician’s expert opinion 26.44.030, 26.44.040, 26.44.050 Emergency placement, record check 26.44.240 Guardian ad litem, appointment 26.44.053 Homicide by abuse 9A.32.055 Identification and criminal history section state patrol powers and duties 43.43.700 Interviewing child 26.44.030, 26.44.040, 26.44.050 Investigation notification 26.44.100 sexual abuse investigations 26.44.180, 26.44.185, 26.44.190 Law enforcement training on child abuse and neglect 43.101.365, 43.101.370 Negligent treatment, maltreatment offer of services 26.44.195 Parenting plan visitation, restriction on abusive parent 26.09.191 Parenting skills general provisions 43.121.110, 43.121.120, 43.121.130 shaken baby syndrome outreach campaign 43.121.140 Parenting skills and child abuse prevention classes 28A.620.020 Perpetrator (2008 Ed.) alcohol or controlled substances as contributing factor, evaluation 26.44.170 arrest without warrant, circumstances 26.44.130 notification of investigation, report, and findings 26.44.100 right to review and amendment of finding 26.44.125 treatment for abusive person removed from home 26.44.140 visitation rights, temporary restraining order 26.44.150 Prevention auditors fee, issuance of marriage license additional fee to fund prevention programs 36.18.010 Prevention training for parents and day cares 74.15.200 Records disclosure 26.44.031, 74.13.500, 74.13.505, 74.13.510, 74.13.515, 74.13.520, 74.13.525 Reporting annual report by prosecutor 26.44.075 definitions 26.44.020 duty of law enforcement agency or department of social and health services 26.44.050 failure to report 26.44.080 false report 26.44.060, 26.44.061 immunity 26.44.060 investigation, duties of receiving agency 26.44.030 judicial proceedings 26.44.053 limitations of chapter 26.44.015 methamphetamine manufacture with child on premises 26.44.200 oral, written, contents 26.44.040 protective detention or custody 26.44.056 public employees, legal defense provided 26.44.032 records, maintenance and disclosure 26.44.031 by whom 26.44.030, 26.44.040, 26.44.050 witness to report 9.69.100 written records 26.44.035 Rights of child 13.34.020 Rights of parents and children purpose 26.44.100 statement to parents 26.44.110 Risk assessment process use, report to legislature 26.44.030 School curriculum 28A.300.150, 28A.300.160 Schools written policy 28A.230.080 Sexual abuse and/or assault criminal records information identifying victims is confidential 10.97.130 evidence, admissibility of child’s statement 9A.44.120 identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 investigation 26.44.180, 26.44.185, 26.44.190 investigator training 43.101.224 recovery actions, statute of limitations 4.16.340 treatment services, provision by department of community, trade, and economic development 74.14B.060 victims, early identification and referral 74.14B.070 Shaken baby syndrome outreach campaign 43.121.140 Teachers, record check 28A.410.010 Temporary restraining order or preliminary injunction 26.44.063, 26.44.067 Therapeutic day care and treatment 74.14B.040 Training in prevention for in head start and early childhood education assistance programs 43.63A.066 Witnesses, duty to report 9.69.100 CHILD ABUSE AND NEGLECT, COUNCIL FOR THE PREVENTION OF (See CHILD ABUSE) CHILD CARE (See DAY CARE) CHILD CARE AGENCIES (See also PUBLIC ASSISTANCE, subtitle Child welfare agencies) Abuse of charges, investigate prior to licensure or relicensure 74.15.030 Child care resource and referral services business and occupation tax exemption 82.04.3395 Foster homes duties of department 74.13.031 Investigate for abuse prior to licensure or relicensure 74.15.030 Licenses denial, revocation, suspension, modification 74.15.132 required 74.15.090 suspension for noncompliance with support order 74.15.134 Maternity homes, See MATERNITY HOMES CHILD CUSTODY Abuse Ch. 26.44 Child custody jurisdiction act Ch. 26.27 Custodial interference action by relative 26.09.255 plaintiff, fees and costs 26.09.255 Dependency order notice to noncustodial parent 26.44.120 notice to parents 26.44.115 Dependency proceedings advise parents and children of rights 26.44.105 Designation of custodian 26.09.285 Forms use of approved forms 26.09.006 Investigation by court regarding parenting arrangements 26.09.220 Mediation proceedings 26.09.015, 26.09.016 Modification 26.09.260 Nonparental actions for custody attorney for child 26.10.070 civil procedure 26.10.020 court interview with child 26.10.120 custody orders, background information 26.10.135 determination of custody, best interests 26.10.100 failure to comply 26.10.090 forms mandatory approved forms 26.10.015 mandatory use of standard forms and format rules 26.18.220 guardian ad litem appointment 26.10.130 health insurance 26.10.060 hearing, priority 26.10.140 intent 26.10.010 investigation and report of custody arrangements 26.10.130 modification of decree 26.10.190 modification of order 26.10.200 motion - affidavit required, notice 26.10.032 payment of costs, fees 26.10.080 petitions, orders, decrees - Indian child welfare act 26.10.034 powers and duties of custodian 26.10.170 proceeding - commencement, notice 26.10.030 records, access to child records 26.10.150 remedies for concealment, enticement, or taking 26.10.180 restraining order 26.10.220 scope 26.10.040 support orders 26.10.050 modification, summary report, filing requirements 26.10.195 support schedule 26.10.045 temporary custody order 26.10.110 temporary order 26.10.115, 26.10.200 venue 26.10.210 [RCW Index—page 73] CHILD PORNOGRAPHY visitation rights, limitations on noncustodial parent, grounds 26.10.160 Parentage act, uniform Ch. 26.26 Parenting act advice of professional personnel 26.09.210 appointment of attorney 26.09.110 definitions 26.09.004 effective date, pending actions, decrees 26.09.907, 26.09.909 failure to comply with decree or order 26.09.160 interview with child by court 26.09.210 investigation by court regarding parenting arrangements 26.09.220 parental relocation, notice requirements and standards 26.09.405, 26.09.410, 26.09.420, 26.09.430, 26.09.440, 26.09.450, 26.09.460, 26.09.470, 26.09.480, 26.09.490, 26.09.500, 26.09.510, 26.09.520, 26.09.530, 26.09.540, 26.09.550, 26.09.560 parenting plan criteria for establishing permanent plan 26.09.187 decree of dissolution 26.09.050 failure to comply 26.09.184 issuance of temporary plan 26.09.197 issuance or modification of temporary plan, required affidavit 26.09.270 objectives and content of permanent plan 26.09.184 petition 26.09.040 procedure for permanent plan 26.09.181, 26.09.182 proposed temporary plan 26.09.194 restrictions 26.09.191 policy 26.09.002, 26.09.003 residential time summary report 26.09.231, 26.18.230 separation contracts 26.09.070 Parents to share equally 26.16.125 Proceedings custodial interference, action by relative 26.09.255 guardian ad litem, appointment 26.09.220 investigation and report 26.09.220 modification, supporting affidavit 26.09.270 temporary custody order, supporting affidavit 26.09.270 visitation rights, grandparents and other persons 26.09.240 Provision for in dissolution of marriage, legal separation, or declaration of invalidity 26.09.050 Records access by parents, limitations 26.09.225 Residential placement or child custody, prerequisites for court before granting restraining order 26.50.135 Uniform parentage act Ch. 26.26 Venue 26.09.280 Visitation concealment, etc., remedies 26.09.255 disclosure of address via public assistance records 74.04.060 grandparents and other persons 26.09.240 limitations on rights 26.10.160 provision for in dissolution of marriage, legal separation, or declaration of invalidity 26.09.050 remedies 26.09.255 CHILD PORNOGRAPHY (See SEX OFFENSES) CHILD PROTECTIVE SERVICES (See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF) CHILD SUPPORT (See also FAMILY ABANDONMENT AND NONSUPPORT) Adjudicative proceedings department of social and health services participation 74.20.057 Administrative support order modification of [RCW Index—page 74] petition, grounds, and procedure 74.20A.059 Aid and attendant care payments calculation of obligation 26.19.045 Alternative method of enforcement Ch. 74.20A Attendant services payments in cases of disability calculation of obligation 26.19.055 Case registry submission of support orders 26.23.033 Central registry case registry, procedures 26.23.033 court order to pay 26.09.120 creation, duties, procedure 26.23.030 definitions 26.23.020 disclosure, confidentiality, records 26.23.120 dishonored checks 26.23.075 employer liability 26.23.090 employment reporting requirements 26.23.040 information, party’s duty to update 26.23.055 mandatory wage assignment 26.18.080 obligation, determination of amount, procedure 26.23.110 orders provisions, enforcement 26.23.050 service of process, procedures 26.23.055 payments to registry, immunity 26.23.070 prohibited acts, employers 26.23.080 records, confidentiality and disclosure 26.23.120 records retention 26.23.040 support enforcement services 26.23.045 wage assignment employer duties 26.18.110 form 26.18.100 service 26.18.130 Child support order summary report form 26.18.210 Clerk of superior court, send checks to recipient 36.48.090 Compliance with registry 26.09.135 Definitions 26.18.020 Delinquent support payments under temporary order effect of final decree 26.09.060 Department of social and health services, designated agency under federal law 74.20.055 Dependent children parent’s duty to support 13.34.160 Division of child support distribution of support received 26.23.035 payroll deduction notice 26.23.060 Domestic partnerships extension of rights and responsibilities 26.18.240 Economic table 26.19.020 Educational support, postsecondary 26.19.090 Employee benefit plans subject to domestic relations orders 6.15.020 Employment status, office of support enforcement not to discriminate on the basis of 74.20.045 Enforcement of support action against responsible parent’s earnings within state 74.20A.095 Indian tribes, cooperative agreements for services Ch. 26.25 public assistance action for enforcement of support for dependent children, See PUBLIC ASSISTANCE, subtitle Support of dependent children venue 26.09.280 Execution on judgment for may seek issuance for ten years after eighteenth birthday of youngest child 6.17.020 Family abandonment and nonsupport Ch. 26.20 Family court jurisdiction 26.12.190 Financial institution data matches 74.20A.370 Forms mandatory use of standard forms and format rules 26.18.220 use of approved forms 26.09.006 Guidelines review 26.19.025, 26.19.026, 26.19.027 Health care 26.09.105 Income tax exemptions, federal allocation between parties 26.19.100 Indian tribes, cooperative agreements for enforcement services Ch. 26.25 Inmates collection actions 72.09.480 Internal revenue service may be informed of failure to support 74.20.160 Interstate automated enforcement Ch. 74.20A Judgment liens expiration 4.56.210 Judicial retirement, assignment order against benefits 2.10.180, 2.12.090 Legislative findings 26.18.010 License suspension for noncompliance with support order certification of noncompliance, procedures 74.20A.320 identification of responsible parents 74.20A.330 licensing department duties 43.24.112 licensing entities, agreements with department of social and health services 74.20A.330 noncompliance notice 74.20A.350 records access 74.20A.360 Liens 26.18.055 Limitation of action action to be commenced within ten years after eighteenth birthday of youngest child 4.16.020 Mandatory wage assignment 26.18.120, 26.18.130, 26.18.140 alternate payment plan 26.18.140 employer’s answer, duties, and liability 26.18.110 petition or motion 26.18.070 Modification 26.09.170, 26.09.175 summary report, filing requirements 26.09.173 venue 26.09.280 Nonparental actions for custody forms mandatory approved forms 26.10.015 mandatory use of standard forms and format rules 26.18.220 health insurance 26.10.060 support orders 26.10.050 modification, summary report, filing requirements 26.10.195 support schedule 26.10.045 Notice of support or maintenance orders 26.23.130 Office of support enforcement employment status, office not to discriminate on the basis of 74.20.045 payroll deduction motion to quash, modify, or terminate 26.23.100 self-employed individuals, duties of office 74.20.045 Out-of-home placement of child support contribution by parents 13.32A.175, 13.32A.177, 13.32A.178 Parentage act, uniform Ch. 26.26 Parenting act appointment of attorney 26.09.110 definitions 26.09.004 failure to comply with decree or order 26.09.160 interview with child by court 26.09.210 investigation by court regarding parenting arrangements 26.09.220 parenting plan criteria for establishing permanent plan 26.09.187 decree of dissolution 26.09.050 failure to comply 26.09.184 (2008 Ed.) CHILDREN issuance of temporary plan 26.09.197 issuance or modification of temporary plan, required affidavit 26.09.270 objectives and content of permanent plan 26.09.184 petition 26.09.040 procedure for permanent plan 26.09.181, 26.09.182 proposed temporary plan 26.09.194 restrictions 26.09.191 policy 26.09.002, 26.09.003 separation contracts 26.09.070 Paternity genetic testing orders 74.20.360 Payments bad checks, clerk to accept only cash or certified funds 26.09.120 office of support enforcement credit for other payments, when allowed 74.20.101 support registry credit for other payments, when allowed 74.20.101 Payments to court, clerk may send directly to recipient 36.48.090 Periodic adjustments or modifications 26.09.100 Provision for in dissolution of marriage, legal separation, or declaration of invalidity 26.09.050 Public assistance action by department to insure support 74.20.040 agreements between attorney general and prosecuting attorney 74.20.210 cooperation by person having custody, penalty 74.20.060 divorce or separate maintenance actions 74.20.220 intercounty proceedings 74.20.210 petition, order spouse to provide support 74.20.230, 74.20.240, 74.20.250 purposes 74.20.010 Public assistance action, See PUBLIC ASSISTANCE, subtitle Support of dependent children Records access by parents, limitations 26.09.225 Registry procedure 74.20.101 Residential time summary report 26.09.231, 26.18.230 Responsible parent action against responsible parent’s earnings within state 74.20A.095 financial responsibility of, notice and finding of procedure 74.20A.055 Schedule allocation of support obligation between parents 26.19.080 definitions 26.19.011 educational support, postsecondary 26.19.090 income tax exemptions, federal allocation between parties 26.19.100 nonparental actions 26.10.045 review 26.19.025, 26.19.026 standards for application 26.19.035 standards for determination of income 26.19.071 standards for deviation from standard calculation 26.19.075 standards for establishing lower and upper limits on amounts 26.19.065 worksheets and instructions 26.19.050 Self-employed individuals office of support enforcement duties 74.20.045 Social security numbers collection and disclosure waiver 26.23.140 federal requirement, restricted disclosure 26.23.150 State patrol retirement system support orders, compliance with 43.43.310 Stepchildren (2008 Ed.) support obligation 26.16.205 Support obligation allocation between parents 26.19.080 day care or special child rearing expenses 26.19.080 Support obligations enforcement application of chapter 26.18.030, 26.18.035 bond or other security 26.18.150 commencement of proceedings 26.18.040 contempt action 26.18.050 definitions 26.18.020 health insurance 26.18.170 liability of employer or union, penalties 26.18.180 liens 26.18.055 mandatory wage assignment 26.18.070, 26.18.080, 26.18.090, 26.18.120, 26.18.130, 26.18.140 employer’s answer, duties, and liability 26.18.110 form 26.18.100 prevailing party, costs and fees 26.18.160 workers’ compensation or disability payments treatment 26.18.190 Temporary support in dissolution of marriage, legal separation, or declaration of validity 26.09.060 Uniform economic table 26.19.020 Uniform interstate family support act Ch. 26.21A Uniform parentage act Ch. 26.26 Veterans’ disability pensions or compensation calculation of income and support obligation 26.19.045 Work group 26.19.027 Wrongful deprivation of legal custody payments, when excused 74.20.065 CHILD WELFARE AGENCIES (See PUBLIC ASSISTANCE, subtitle Child welfare agencies) CHILDREN (See also CHILD CUSTODY; CHILD SUPPORT; JUVENILES; MINORS; PARENT AND CHILD; UNIFORM PARENTAGE ACT) Abandonment defense 9A.42.090 defined 9A.42.010 first degree 9A.42.060 second degree 9A.42.070 third degree 9A.42.080 unattended in parked car 9.91.060 Abused or neglected demonstration project 74.13.200, 74.13.210, 74.13.220 Action against minor defendant, appointment of guardian in defense of 12.04.150 Action by minor plaintiff, appointment of guardian to act for minor 12.04.140 Action by minor plaintiff to be commenced by guardian, exceptions 12.04.140 Actions against parent for injuries to person or property committed by minor child, limitations 4.24.190 Actions for seduction of child or ward 4.24.020 Adoption children with special needs, interstate agreements for adoption 74.13.152, 74.13.153, 74.13.154, 74.13.155, 74.13.156, 74.13.157, 74.13.158, 74.13.159 home studies, purchase of services from nonprofit agencies 74.13.165 insurance coverage 48.01.180 health care 48.20.500, 48.21.280, 48.44.420, 48.46.490 lawfully adopted child not an heir of his natural parents for purposes of Title 11 11.04.085 petition for, court commissioners’ power to hear and determine 2.24.040 voluntary adoption plan and termination of parental rights 13.34.125 Adoption, See also ADOPTION Age compulsory school attendance, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance employment 26.28.060 legal criminal responsibility 9A.04.050 majority Ch. 26.28 for enumerated purposes 26.28.015 Aid to dependent children, See PUBLIC ASSISTANCE, subtitle Temporary assistance for needy families Alcoholic beverages, See ALCOHOLIC BEVERAGES, subtitle Minors Alcoholism and drug addiction treatment Ch. 70.96A At-risk children and families collaborative programs with public agencies authorized program requirements 43.150.080 community public health and safety networks comprehensive plans, approval and compliance 70.190.130 duties 70.190.070 expenditures, authorization and limitation 70.190.065 family policy council duties regarding 70.190.100 federal restrictions on funds transfers, application for waivers 70.190.150 grants for use of school facilities 70.190.180 inclusion in state and federal plans affecting children, youth, and families 70.190.160 interagency agreements 70.190.120 membership and organization 70.190.060 outcome evaluation 70.190.050 planning grants and contracts with family policy council 70.190.090 program review 70.190.110 programs and plans 70.190.080 proposals to family policy council 70.190.030 sexual abstinence and delay of sexual activity campaigns 70.190.085 transfer of funds and programs to state agency 70.190.170 family policy council community services, projects funds to implement 70.190.030 prioritization 70.190.030 community services, proposals to criteria for consideration 70.190.030 consolidation of existing councils or activities 70.190.020 definitions 70.190.010 grants to improve readiness to learn 70.190.040 legislative findings 70.190.005 infants and toddlers with disabilities early intervention services conditions and limitations 70.195.010 coordination with counties and communities 70.195.020 interagency agreements 70.195.030 nonoffender at-risk children and their families Ch. 13.32A services provided by counties 74.13.025 Begging, employing child for 26.28.070 Berry harvesting by workers under twelve years of age 15.04.150, 15.04.160 Birth-to-six interagency coordinating council coordination with counties and communities 70.195.020 early intervention services conditions and limitations 70.195.010 Blind children and their families services offered 74.18.190 Car seats immunity, safety technicians 46.61.687, 46.61.6871 public awareness, education 46.61.6885 requirements 46.61.687 standards, state patrol duties 46.37.505 Carnal knowledge [RCW Index—page 75] CHILDREN prevention of procreation as punishment 9.92.100 Chemical dependency treatment Ch. 70.96A Child abuse, See CHILD ABUSE Child care, See DAY CARE Child employment and part time schools, See SCHOOLS AND SCHOOL DISTRICTS Child labor, See CHILDREN, subtitle Employment Child mortality review local health department authority and immunity 70.05.170 Child protective services child taken into custody with court order notice to parents 26.44.115 child taken into custody without court order statement to parents 26.44.110 notice to noncustodial parent 26.44.120 Child selling, buying duty of witnesses to report 9.69.100 lawful and unlawful acts 9A.64.030 Child welfare services records or information, disclosure 74.13.042 Child welfare services, See PUBLIC ASSISTANCE, subtitle Child welfare services Children and family services act 74.14A.020 blended funding projects 74.14A.060 juvenile offenders family unit to be included in treatment 74.14A.040 treatment in nonresidential communitybased care 74.14A.030 legislative declaration 74.14A.010 long-term care or assistance identification of children requiring 74.14A.050 program development 74.14A.050 policy goal 74.14A.025 Children’s day 1.16.050 Children’s services caseworker standards and training 74.14B.010 child abuse and neglect multidisciplinary teams 74.14B.030 counseling referrals availability notice 74.14B.050 therapeutic day care and treatment 74.14B.040 Children’s sleepwear, See FLAMMABLE FABRICS Commitment complaints, court commissioners power to hear and determine 2.24.040 Community public health and safety networks comprehensive plans, approval and compliance 70.190.130 duties 70.190.070 expenditures, authorization and limitation 70.190.065 family policy council duties regarding 70.190.100 federal restrictions on funds transfers, application for waivers 70.190.150 grants for use of school facilities 70.190.180 inclusion in state and federal plans affecting children, youth, and families 70.190.160 interagency agreements 70.190.120 lead fiscal agent 70.190.075 liability, immunity 70.190.190 membership and organization 70.190.060 outcome evaluation 70.190.050 planning grants and contracts with family policy council 70.190.090 program review 70.190.110 programs and plans 70.190.080 proposals to family policy council 70.190.030 sexual abstinence and delay of sexual activity campaigns 70.190.085 transfer of funds and programs to state agency 70.190.170 Concealing birth of, penalty 9.02.050 Confession of judgment by, who may confess for 4.60.020 Contracts disaffirmance 26.28.040 [RCW Index—page 76] personal services of infant, payment bars recovery by parent or guardian 26.28.050 student educational loan contracts Ch. 26.30 validity and effect 26.28.030 Contributory negligence, not imputed 4.22.020 Corporal punishment use of force 9A.16.100 Correctional facilities for, See CORRECTIONAL FACILITIES, subtitle Juveniles Council for children and families Ch. 43.121 Crimes against assault of a child first degree 9A.36.120 second degree 9A.36.130 third degree 9A.36.140 school employee, conviction or guilty plea notification of state patrol and superintendent of public instruction 43.43.845 Crimes relating to age of legal responsibility 9A.04.050 begging, employing child for 26.28.070 buying, selling 9A.64.030 cigarettes 26.28.080 concealing birth of child 9.02.050 employment compulsory school attendance law 28A.225.080 immoral or dangerous employment 26.28.070 minimum ages, exceptions 26.28.060 prostitution houses 26.28.070 inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 leaving children unattended in parked automobile to enter tavern 9.91.060 luring of child or person with developmental disability 9A.40.090 refrigeration equipment abandoned where accessible to children Ch. 9.03 school district employees, termination of certificated employees for felony crime against child, right of appeal 28A.405.470 school district employees, termination of classified employees for felony crime against child, right of appeal 28A.400.320 schools, contractors prohibited from employing person convicted of felony crime against child, penalty for violation 28A.400.330 substitution of child to deceive 9.45.020 tobacco 26.28.080 Criminal mistreatment defense, financial inability 9A.42.050 defined 9A.42.010 endangerment with a controlled substance 9A.42.100 first degree 9A.42.020 fourth degree 9A.42.037 leaving a child in the care of a sex offender 9A.42.110 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support systems not applicable to chapter 9A.42.040 Crisis residential centers annual records, contents 74.13.035 establishment, requirements 74.13.032 inter-center transfers for appropriate treatment, supervision and structure to the child 74.13.034 licensing eligibility 74.13.035 reimbursement or compensation, limitation 74.13.0321 removal from 74.13.033 resident’s conduct, services available 74.13.033 secure detention facility placement, when 74.13.034 unauthorized leave 74.13.033 Custodial interference custody of children by law enforcement officer 13.34.055 shelter care placement 13.34.060 Custody child protective services’ custody notice to parents 26.44.115 court-ordered custody notice to noncustodial parent 26.44.120 custodial interference fees and costs 26.09.255 dependency proceedings sexual contact or abuse evidence admissible 9A.44.120 provision for in dissolution of marriage, legal separation, or declaration of invalidity 26.09.050 Residential placement or custody, prerequisites for court before granting restraining order 26.50.135 wrongful deprivation of legal custody support payments excused, when 74.20.065 Custody, See also JUVENILES Day care, See DAY CARE Death of, parents action for 4.24.010 Delinquent or dependent, See CHILDREN, subtitle Alternative residential placement; CHILDREN, subtitle Crisis residential centers; JUVENILE COURT; JUVENILES Delinquents family reconciliation services Ch. 13.32A Dependency alcohol or substance abuse evaluation and treatment for parent or guardian breach of court-ordered treatment 13.34.174 violation of conditions 13.34.176 child welfare proceedings placement, documentation 13.34.400 civil contempt of court 13.34.165 counsel for child, appointment 13.34.100 custody hearing 13.34.070 Indian child welfare act 13.34.040, 13.34.070 order 13.34.050 petition to court 13.34.040 definitions 13.34.030 disposition orders 13.34.130 evaluation of parties 13.34.370 guardian ad litem, duties 13.34.105, 13.34.107 guardian ad litem, fees 13.34.108 guardian ad litem or suitable person 13.34.100 guidelines 13.34.350 hearings 13.34.110, 13.34.120 jurisdiction of court 13.34.155 juvenile court act 13.34.010 newborn, transfer 13.34.360 parent’s duty to support 13.34.160 permanency annual report 13.34.820 placement of child 13.34.134 plan of care 13.34.136 planning 13.34.145 petition 13.34.080 placement 13.34.130, 13.34.142 placement order 13.34.130 review hearings 13.34.145 rights of child 13.34.020 rights of parties 13.34.090, 13.34.096 services, coordination 13.34.025 services, description 13.34.094 shelter care 13.34.055, 13.34.060, 13.34.062, 13.34.065, 13.34.067, 13.34.069, 13.34.092 status review, hearing 13.34.138 support order 13.34.160, 13.34.161 termination of parent-child relationship 13.34.132 (2008 Ed.) CHILDREN visitation policy and protocols development 13.34.380 petition for visitation 13.34.385 Dependency proceedings abuse or sexual contact, admissibility of child’s statement 9A.44.120 sexual contact or abuse evidence admissible 9A.44.120 sexual offenses state patrol duties regarding records 43.43.705 Dependent children parent locator services 74.20.280 Descent and distribution inheritance 11.04.015 issue, defined 11.02.005 lawfully adopted child not an heir of his natural parents for purposes of Title 11 RCW 11.04.085 Descent and distribution, See also PROBATE, subtitle Children Desertion and nonsupport, See also DESERTION AND NONSUPPORT Developmentally disabled permanency planning hearing 13.34.270 Disabilities, children with education and training administrative section 28A.155.030 administrative section for created 28A.155.020 apportionment of state and county funds 28A.155.040, 28A.155.050, 28A.155.070 authority of districts, generally 28A.155.040 children with disabilities, defined 28A.155.020 early intervention services 28A.155.065 home aid 28A.155.050 joint school district cooperation 28A.155.040 leasing buses for transporting of 28A.160.040, 28A.160.050, 28A.160.060 preschool age 28A.155.020 preschool age children 28A.155.070 residential schools 28A.155.040 sites, buildings and equipment for, financing 28A.155.040 special aid equipment and teachers 28A.155.040 provide parental training in care and education 28A.155.020 Disabling conditions, infants and toddlers with early intervention services conditions and limitations 70.195.010 coordination with counties and communities 70.195.020 interagency agreements 70.195.030 Discipline use of force 9A.16.100 Discrimination against families with children prohibited 49.60.222 Domestic violence foreign protection order full faith and credit act Ch. 26.52 Donors and distributors of items to children immunity from civil and criminal liability 70.200.020 construction of chapter 70.200.030 definitions 70.200.010 Driving under the influence driver under age twenty-one mandatory appearances 46.61.50571 Drug-affected and alcohol-affected mothers and infants comprehensive services development and expansion of 13.34.390 Drug-affected babies, prenatal newborn screening Ch. 70.83E Early childhood education and assistance program Ch. 43.215 Early intervention, home visitation program 43.121.170, 43.121.175, 43.121.180 Early learning, department of Ch. 43.215 Earnings (2008 Ed.) equality of right to of wife 26.16.125 separate property of custodial parent 26.16.140 Education duty of state to educate all Const. Art. 9 § 1 joint liability of husband and wife 26.16.205 stepchildren 26.16.205 Educational records, dependent children transmittal to department of social and health services 28A.150.510 Emancipation of minors decree of emancipation, notation of status 13.64.050 eligibility to petition 13.64.010 forms for petition 13.64.080 hearing on petition 13.64.040 petition, contents and filing fee 13.64.020 power and capacity of emancipated minors 13.64.060 service of petition and notice of hearing 13.64.030 study authorized 74.14A.050 voiding of fraudulent declaration 13.64.070 Emergency management workers, entitled to compensation benefits 38.52.270 Eminent domain proceedings guardian ad litem, appointment 8.25.270 Emotional disturbance children and family services act 74.14A.020 legislative declaration 74.14A.010 policy goal 74.14A.025 Employment begging 26.28.070 berry harvesting by workers under twelve years of age 15.04.150, 15.04.160 compulsory school attendance law, employment without permit prohibited 28A.225.080 dangerous employment 26.28.070 generally Ch. 49.12 immoral employment 26.28.070 minimum ages, exceptions 26.28.060 prostitution houses 26.28.070 Employment security department family services and programs to be administered to promote state’s policy of service to at-risk children and families 50.08.030 Erotic material, showing and distribution to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Escheated property, limitation of action for filing claim for tolled during disability 11.08.280 Executor or administrator, disqualified to act as 11.36.010 Executors of letters testamentary, as, procedure 11.28.040 Families in conflict family services and programs to be administered to benefit 43.20A.780 statute administration, consistency required 43.20A.770 Families-in-conflict children and family services act 74.14A.020 legislative declaration 74.14A.010 policy goal 74.14A.025 Family abandonment and nonsupport Ch. 26.20 Family and children services legislative children’s oversight committee, membership and duties 44.04.220 Family and children’s ombudsman, office of Ch. 43.06A Family policy council community services, projects funds to implement 70.190.030 prioritization 70.190.030 community services, proposals to facilitate criteria for consideration 70.190.030 consolidation of existing councils or activities 70.190.020 definitions 70.190.010 grants to improve readiness to learn 70.190.040 legislative findings 70.190.005 Family preservation services appropriations transfer from foster care services, report 74.14C.070 availability to eligible families 74.14C.005 caseworkers services provided 74.14C.020 training requirements 74.14C.020 contracts to provide services 74.14C.032 definitions 74.14C.010 eligibility criteria 74.14C.042 federal funds 74.14C.065 funds 74.14C.060 implementation and evaluation plan 74.14C.050 intensive services, eligibility criteria 74.14C.040 referrals and services, reporting requirements 74.14C.090 services provided 74.14C.020 social and health services department duties 74.14C.030 training and consultation for personnel, judges, and providers 74.14C.100 volunteer services 74.14C.060 Family reconciliation services Ch. 13.32A Family services alternative response system Ch. 74.14D Felony convictions, placement 72.01.410 Fetal alcohol screening and assessment services 70.96A.500, 70.96A.510 Fetal alcohol syndrome prevention Ch. 70.83C Firearms carrying firearms 9.41.050 exceptions to restrictions on 9.41.060 delivery to ineligible persons prohibited, penalty 9.41.080 delivery to prohibited 9.41.080 pistols, possession by person between eighteen and twenty-one 9.41.240 possession 9.41.042 Foster care, See FOSTER CARE Graffiti parents’ liability for children’s acts 4.24.190 Grandparents and other persons, visitation rights 26.09.240 Guardian ad litem appointment for civil action 4.08.050 eminent domain proceedings 8.25.270 Guardian or limited guardian as witness 5.60.030 Guardianship courts, control of children until majority reached 11.92.010 dependent children establishment of 13.34.232 foster care payments, right of guardian to receive 13.34.234 modification of order 13.34.233 parental preferences 13.34.236 powers and duties of guardian 13.34.232 qualifications for guardian 13.34.236 review exemption 13.34.235 termination 13.34.233 Guardianship, See also GUARDIAN AND WARD Habeas corpus, granting of writ to guardian or limited guardian 7.36.020 Handicapped services to crippled children public assistance administration of federal funds for 74.04.015 Handicaps, children with co-custodians consent before commitment 26.40.050 financial responsibility 26.40.080 legal status of child, consent required for change 26.40.080 petition for change 26.40.070 who may be 26.40.040 declaration of purpose 26.40.010 health of child [RCW Index—page 77] CHILDREN consent of co-custodian required before health procedure 26.40.080 petition to allow application of health measures 26.40.080 responsibility to state and co-custodians 26.40.080 multiple handicaps, medical services administrative responsibility 74.26.040 contracts for services, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 program plan, development of 74.26.030 regulation promulgation, when 74.26.040 order of commitment filing, notice, copies 26.40.060 petition for rescission of order 26.40.070 petition for order of commitment co-custody 26.40.040 consent required 26.40.050 contents 26.40.040 grounds 26.40.030 petition for rescission of commitment order 26.40.070, 26.40.090 services to by health department 43.20.140, 43.20A.635 Harboring 13.32A.080 removal by law enforcement officer 13.32A.050 Head start program, statewide 43.215.125 Health insurance access to coverage 74.09.402 affordable health coverage 74.09.460, 74.09.470, 74.09.480 HOPE centers for street youth eligibility 74.15.225 requirements 74.15.220, 74.15.250, 74.15.260, 74.15.270 Housing, independent youth housing program 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315, 43.63A.613, 43.63A.615 Illegitimate mother’s action for death or injury to 4.24.010 Immoral activities, See also CHILDREN, subtitle Carnal knowledge Indecent exposure 9A.88.010 Indecent liberties, See also CHILDREN, subtitle Carnal knowledge Indians, assumption of state jurisdiction as to dependent children and juvenile delinquency 37.12.010 Infant crib safety requirements Ch. 70.111 Infants, drug and alcohol-affected comprehensive plan 13.34.803 definition 13.34.801, 13.34.802 model project 13.34.800 study 13.34.805, 13.34.8051 Infants and toddlers with disabilities early intervention services conditions and limitations 70.195.010 coordination with counties and communities 70.195.020 interagency agreements 70.195.030 Inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 Inheritance by 11.04.081 Inheritance from or by not dependent upon marriage of parents 11.04.081 Injury to, parents action for 4.24.010 Insurance, schools may provide hospital and medical for children injured getting off or on certain vehicles 28A.160.010 Intoxicating liquor leaving unattended in car to enter tavern 9.91.060 [RCW Index—page 78] Investigation of state employees and providers responsible for children and vulnerable adults authority 43.20A.710 Jail confinement, segregation from adult offenders 72.01.415 Judgments against errors in, ground for vacation or modification of superior court judgment or order 4.72.010 vacation or modification of superior court judgments or orders against grounds 4.72.010 limitation of actions exception 4.72.030 petition, by 4.72.030 Juvenile justice act Ch. 13.40 Juvenile justice care custody, treatment, departmental responsibility 74.13.035 Juvenile offenders community-based care, nonresidential children and family services act 74.14A.030 family unit in treatment children and family services act 74.14A.040 Labor, See CHILDREN, subtitle Employment Learning and life skills grant program for courtinvolved youth Ch. 13.80 Leaving children unattended in parked automobile to enter tavern, penalty 9.91.060 Legal disability to sue, sale of estate by guardian, limitation of actions on 4.16.070 Legislative children’s oversight committee, membership and duties 44.04.220 Limited guardianship courts, control of children until majority reached 11.92.010 Long-term care or assistance identification of children requiring 74.14A.050 program development 74.14A.050 Love and companionship, action for loss of 4.24.010 Luring of child or person with developmental disability defined 9A.40.090 Majority for enumerated purposes 26.28.015 Marriage, validity, legitimacy of children 26.09.040 Media violence reduction reporting 43.70.560 Mental health services Ch. 71.24, Ch. 71.34, Ch. 71.36 children and family services act 74.14A.010, 74.14A.020, 74.14A.025 inpatient admission, procedure 13.34.320, 13.34.330, 13.34.340 medication and care 74.09.490 program standards, medical assistance 74.09.521 system of care Ch. 74.55 Minimum wage information program, department of labor and industries duties 49.12.380 Minors’ access to tobacco, restrictions, See TOBACCO, subtitle Minors’ access, restrictions Missing and exploited children, task force on 13.60.100, 13.60.110, 13.60.120 Missing children clearinghouse computerized missing person network entry, retrieval, access 13.60.020 maintenance of 13.60.010 information distribution 13.60.010 information reported by department of social and health services 13.60.040 state patrol to establish 13.60.010 superintendent of public instruction duties 13.60.030 toll-free hotline 13.60.010 Motor vehicle traffic records, to be provided to parents and guardians 46.20.293 Name, action for change of 4.24.130 Negligent treatment or maltreatment 26.44.020 Newborn screening Ch. 70.83 Out-of-home care reporting requirements 74.14C.080 social study, contents 74.13.065 Out-of-home placement conflict of interest 74.13.530 disposition hearing and court order 13.32A.179 support contribution by parents 13.32A.175, 13.32A.177, 13.32A.178 Parent and child relationship private attorney representation 74.20.350 uniform parentage act Ch. 26.26 voluntary adoption plan 13.34.125 Parents action for death or injury of child 4.24.010 Partition proceedings compensation for unequal partition 7.52.440 consent to partition by guardian or limited guardian 7.52.470 interest of guardian prohibited 7.52.360 payment to guardian on sale of interest 7.52.450 terms of sale to be directed by court 7.52.280 Paternity acknowledgment of, basis for finding of parental responsibility, contest of finding 74.20A.056 affidavit, transmission to office of vital statistics 70.58.080 guardian or guardian ad litem, appointment of when not required 74.20.310 limitation of actions 4.16.360 uniform parentage act Ch. 26.26 Pay-per-call information delivery services services directed at children, prohibitions and restrictions 19.162.050 Personal protection spray devices possession 9.91.160 Phenylketonuria and other heritable disorders policy and purpose 70.83.010 reports of positive tests forwarded to department of health 70.83.030 rules and regulations adopted by department of health concerning 70.83.050 screening test of newborn infants for 70.83.020, 70.83.023 services and facilities of state agencies, availability of 70.83.040 Poison prevention packaging Ch. 70.106 Pornography, See SEX OFFENSES Posthumous, considered as living for purposes of descent and distribution 11.02.005 Potentially dependent children children and family services act policy goal 74.14A.025 Privileged communications 5.60.060 Probate family support and postdeath creditor’s claim exemptions Ch. 11.54 final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 Probate, See also PROBATE Products, safe definitions 70.240.010 education campaign 43.70.660 high priority chemicals, notice 70.240.040 high priority chemicals, report 70.240.030 lead, cadmium, phthalates 70.240.020 manufacturers of restricted products 70.240.050 rules, adoption 70.240.060 Prostitution houses, employment 26.28.070 Public assistance, See PUBLIC ASSISTANCE Public health services improvement plan assessment standards 43.70.555 contents 43.70.550 Punishment use of force 9A.16.100 Rights of child 13.34.020 Runaway hotline 74.13.039 Runaway youth (2008 Ed.) CHIROPRACTIC law enforcement duty to identify and place information 13.32A.086 Safe products Ch. 70.240 Savings and loan associations, minors’ accounts 33.20.040 School grounds, removal from during school hours 28A.605.010 Schools compulsory attendance, See SCHOOLS AND SCHOOL DISTRICTS Seat belts public awareness, education 46.61.6885 requirements 46.61.687 Seduction of child or ward, action for 4.24.020 Service of summons on, personal service 4.28.080 Sex offenses child offenders, investigation and referral 26.44.160 sexually aggressive youth, investigation and referral 26.44.160 Sexual abstinence and delay of sexual activity campaigns 70.190.085 Sexual abuse temporary restraining order or preliminary injunction contents, notice, noncompliance, penalty 26.44.067 enforcement 26.44.063 Sexual assault criminal records information identifying victims is confidential 10.97.130 identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 Sexual exploitation, See SEX OFFENSES, subtitle Sexual exploitation of children Sexually abused children early identification and referral, victims of sexual assault or abuse 74.14B.070 sexual assault treatment services, provision by department of community, trade, and economic development 74.14B.060 Stepchildren inheritance by, escheat avoided 11.04.095 limitation of liability after divorce 26.16.205 Street youth HOPE centers 74.15.220, 74.15.225, 74.15.250, 74.15.260, 74.15.270 responsible living skills program 74.15.230, 74.15.240, 74.15.250, 74.15.260, 74.15.270 Student educational loan contracts Ch. 26.30 Substitute care, See FOSTER CARE Substitution of child to deceive, penalty 9.45.020 Sudden, unexplained infant death training program 43.103.100 Support custody wrongful deprivation of legal custody payments excused, when 74.20.065 department of social and health services, designated agency under federal law 74.20.055 disclosure unemployment compensation 50.40.050 family support and postdeath creditor’s claim exemptions Ch. 11.54 health insurance 26.09.105 homestead subject to execution and forced sale to satisfy 6.13.080 joint liability of husband and wife 26.16.205 mandatory arbitration may be authorized 7.06.020 public assistance action by department to insure support 74.20.040 agreements between attorney general and prosecuting attorney 74.20.210 cooperation by person having custody, penalty 74.20.060 (2008 Ed.) divorce or separate maintenance actions 74.20.220 intercounty proceedings 74.20.210 petition, order spouse to provide support 74.20.230, 74.20.240, 74.20.250 purposes 74.20.010 stepchildren 26.16.205 Support, See also CHILD SUPPORT Support enforcement adjudicative proceedings department of social and health services participation 74.20.057 employment status, office of support enforcement not to discriminate on the basis of 74.20.045 parent locator services 74.20.280 self-employed individuals, office of support enforcement duties 74.20.045 Tattoos application to minors a misdemeanor 26.28.085 Television channel blocking devices, availability required 19.188.020 time/channel locks, availability required 19.188.020 Termination of parent-child relationship permanent placement of child 13.34.134 petition 13.34.130, 13.34.132 Testimony abuse or sexual contact, admissibility of child’s statement 9A.44.120 by closed circuit television 9A.44.150 sexual offenses or abuse involving, admissibility of child’s statement 9A.44.120 Therapeutic family home program for youth in custody 74.13.170 Tobacco, restrictions on minors’ access to, See TOBACCO, subtitle Minors’ access, restrictions Tolling of statute of limitations of actions 4.16.190 coexistent disabilities 4.16.260 when disability must exist 4.16.250 Transitional living programs for youth in process of being emancipated 74.13.037 Trust company or bank may act as guardian of estate of 11.36.010 Victims and witnesses definitions 7.69A.020 identity of child victims of sexual assault not to be disclosed at any court proceeding 10.52.100 information identifying victims of sexual assault by juvenile offenders is confidential 13.50.050 information in criminal records identifying child victims of sexual assault is confidential 10.97.130 legislative intent 7.69A.010 rights enumeration of 7.69A.030 notice of failure to give, liability 7.69A.040 Videos and video games minors’ access to violent videos and games, library policy formulation 19.188.030 video game rating system 19.188.040 Violent acts and at-risk behaviors data collection and reporting rules 43.70.540, 43.70.545 Visitation disclosure of address via public assistance records 74.04.060 jurisdiction 26.50.020 Wills capacity to make 11.12.010 Witnesses bail 10.16.150 guardian or limited guardian, child under fourteen years 5.60.030 testimony by closed circuit television 9A.44.150 Youth courts, programs 13.40.580, 13.40.590, 13.40.600, 13.40.610, 13.40.620, 13.40.630, 13.40.640 Youth employment and conservation act, See UNEMPLOYMENT COMPENSATION, subtitle Youth employment and conservation act Youthbuild program, See YOUTHBUILD PROGRAM CHILDREN AND YOUTH SERVICES (See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF) CHILDREN’S SERVICES ADVISORY COMMITTEE Established 74.13.031 CHILDREN’S SLEEPWEAR Flammable fabrics, See FLAMMABLE FABRICS CHILDREN’S TRUST FUND (See CHILD ABUSE) CHIROPODY (See PODIATRY) CHIROPRACTIC Child abuse report by chiropractors Ch. 26.44 Chiropractic quality assurance commission authority and duties 18.25.025 compensation 18.25.0171 duties and powers 18.25.0171 jurisdiction 18.25.190 membership and terms 18.25.0151 pilot project, commission authority 18.25.210 qualifications of members 18.25.0165 removal of member 18.25.0161 successor to other boards and committees 18.25.0172 Credentials use 18.25.090 Definitions 18.25.005, 18.25.006 Discrimination prohibited 18.25.0192 state and political subdivisions, discrimination against chiropractic services prohibited 18.25.0193, 18.25.0194, 18.25.0195, 18.25.0196, 18.25.0197 Examinations subjects and grade standards 18.25.030 waiver 18.25.035 Health care authority prepaid capitated amount for services, pilot projects 18.25.200 Health care coverage to include exceptions 48.44.310 Health regulations 18.25.080 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Industrial insurance coverage 51.36.015 Insurance disability, services included 48.20.412 group disability, coverage extended to include 48.21.142 Licenses applications contents and fees 18.25.020 qualifications of applicants 18.25.020 continuing education 18.25.070 exempted forms of practice 18.25.190 inactive status 18.25.075 licensure by endorsement 18.25.040 renewal requirements 18.25.070 required 18.25.011 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Prayer treatment, chapter inapplicable 18.25.090 Professional negligence [RCW Index—page 79] CHLOROFLUOROCARBONS limitation on suits arising from 4.16.350 standard of proof, evidence, exception 4.24.290 Professional service corporations Ch. 18.100 Records of review board or committee, members, or employees not subject to process 4.24.250 Reporting abuse of child Ch. 26.44 Schools and colleges accreditation 18.25.025 educational standards 18.25.025 Service and fee limitations state health care purchasers authorized to set 18.25.200 Uniform disciplinary act, application 18.25.019 Unprofessional conduct, prosecution 18.25.112 Violations, prosecution duties 18.25.100 X-ray technicians, employment authorized 18.25.180 CHLOROFLUOROCARBONS Refrigerants regulated 70.94.970 rules, enforcement provisions, and limitations 70.94.990 unlawful acts 70.94.980 CHORE SERVICES (See HEALTH SERVICES, subtitle Chore services) CHOSES IN ACTION Assignee of can sue in own name 4.08.080 Assignment of, defenses, setoffs and counterclaims 4.08.080 Cities consolidation, effect of 35.10.310 Probate estates under sixty thousand dollars disposition of 11.62.010 CHRISTMAS DAY School holiday 28A.150.050 CHRISTMAS TREES Growers advisory committee, program 15.13.314 license, fees 15.13.311, 15.13.312, 15.13.500 Horticulture, requirements Ch. 15.13 Specialized forest products defined as 76.48.020 permit required 76.48.060 transportation or possession without permit unlawful 76.48.070 CHURCH CORPORATIONS Authority to incorporate 24.12.010 Corporation sole Ch. 24.12 Existing corporation sole 24.12.040 Filings, articles of incorporation 24.12.030 Nonprofit corporation act Ch. 24.03 Powers 24.12.020 Property held in trust 24.12.030 Religious corporations, existing corporations sole 24.12.040 CHURCHES Bomb threats, penalty 9.61.160 Doors, swinging outward 70.54.070 Nonprofit corporation act Ch. 24.03 Schools, free from sectarian control Const. Art. 9 § 4, Const. Art. 26 § 4 CIGARETTES (See also TOBACCO) Delivery sale of cigarettes requirements, unlawful practices 70.155.105 Distributors license Ch. 82.26 Ignition propensity certification 19.305.030 definitions 19.305.010 enforcement 19.305.070 exemptions 19.305.090 markings 19.305.040 preemption 19.305.100, 19.305.110 reduced cigarette ignition propensity account 19.305.080 rule making 19.305.060 testing 19.305.020 violations, penalties 19.305.050 [RCW Index—page 80] Indian tribes, tax contracts eligibility, tax rate 43.06.460 Puyallup tribe 43.06.465 requirements, definitions 43.06.455 Yakama Nation 43.06.466 Minors 26.28.080 Minors’ access to tobacco, See TOBACCO, subtitle Minors’ access, restrictions National uniform tobacco settlement nonparticipating tobacco product manufacturers Ch. 70.157 Retailers license Ch. 82.24, Ch. 82.26 Sales below cost prohibited Ch. 19.91 Smoking, See SMOKING, subtitle Washington clean indoor air act Tax imposed Ch. 82.24, Ch. 82.26 Tobacco prevention and control account 43.79.480 Tobacco product manufacturers Ch. 70.158 Tobacco settlement account 43.79.480 Vending machines Ch. 82.24, Ch. 82.26 Wholesalers license Ch. 82.24, Ch. 82.26 CIGARS (See TOBACCO) CITIES, ASSOCIATION OF WASHINGTON Budgets in cities and towns under 300,000 copy of final budget to be submitted 35.33.075 State design standards committee, appointment of members 35.78.020 Statewide city employees’ retirement system, members of board of trustees recommended by 41.44.070 Street expenditures of cities and towns, consultation with state auditor on manual of instructions for accounting 35.76.040 CITIES AND TOWNS (See also CITIES— OPTIONAL MUNICIPAL CODE) 911 automatic number or location identification for 911 services, regulation prohibited 35.21.895 Abandoned state highways in, procedure to become street in 36.75.090 Accessory apartments 35.63.210 incorporation of report recommendations into local government development and zoning regulations 43.63A.215 Accident claims auditing and paying false claim, penalty 42.20.060 charter cities, including second class charter cities charter provisions establishing procedure, application 35.31.020 filing time 35.31.020 presentment and filing of claims 35.31.020 provisions in charter, application 35.31.020 relative or agent verifying 35.31.020 time limitation 35.31.020 first class cities cumulative provisions 35.31.020 filing time 35.31.020 relative or agent verifying 35.31.020 other than first class cities accident fund 35.31.050, 35.31.060, 35.31.070 Accident claims, See also CITIES AND TOWNS, subtitle Claims Accounts and accounting street expenditures 35.76.030 Accounts and accounting, See also STATE AUDITOR, subtitle Municipal corporations accounting Acquisition of property for state highway purposes 47.12.040 Actions against 4.08.120 Actions by in corporate name 4.08.110 Adjoining states watershed property, authority to condemn 8.28.050 Adjustment, board of 35.63.080 Admissions tax 35.21.280 Affordable housing accessory apartments 35.63.210 discrimination against developments 36.130.005, 36.130.010, 36.130.020 inventory of municipal property suitable for low-income housing 35.21.687 Air pollution advisory council 70.94.240 apportionment of costs 70.94.093 city selection committee 70.94.110, 70.94.120 control districts authorities, See AIR POLLUTION CONTROL, subtitle Authorities powers, generally 70.94.141 taxes for 70.94.091 Airports cooperation with department of transportation 47.68.300 first class cities, unincorporated area, subject to county zoning and planning law 35.22.415 general aviation airports, siting 35.63.250 Airports, See also AERONAUTICS, subtitle Airports Airspace, conveyance or lease of 35.22.302 Alcohol, motor vehicles open container law local ordinances authorized 46.61.5191 Alcoholic beverages driving under the influence, minimum penalty 35.21.165 enforcement of laws 66.44.010 fines and forfeitures, disposition 66.44.010 liquor revolving fund distribution 66.08.210 local option, See ALCOHOLIC BEVERAGES, subtitle Local option music and dancing upon licensed premises, permit 66.28.080 report of seizure 66.32.090 sale, local option Ch. 66.40 sales, liquor control board authority and duties 66.08.050 second class cities 35.23.440 state preemption 66.08.120 Alcoholism and drug addiction treatment Ch. 70.96A Amateur radio antennas regulation to conform with federal law 35.21.315 Ambulance services ambulance utilities, study and review 35.21.7661 establishment authorized 35.21.766 excise, B & O taxes authorized 35.21.768 tax revenue uses 35.21.768 towns, operation of 35.27.370 Animal care and control agencies, powers and duties Ch. 16.52 Animals, prevention of cruelty to Ch. 16.52 Animals, procedures when deemed abandoned Ch. 16.54 Annexation agricultural land protection 36.93.180 application of boundary review law 36.93.220 approval by boundary review board does not authorize other annexation action 36.93.155 boundaries use of right of way as corporate boundary 35.13.290 boundary review law, supersedes chapter 35.13 RCW, where applicable 36.93.220 certificate of population basis for allocation of state funds 35.13.260 time for submission, effect 35.13.260 community municipal corporations resolution may provide for inclusion of annexed area into 35.13.015 service areas 35.14.010 territory 35.14.010 when may be organized 35.14.010 county sheriff’s employees, transfer of civil service commission rules 35.13.390 (2008 Ed.) CITIES AND TOWNS conditions and limitations 35.13.380 notification of right to transfer, time frame for request 35.13.400 purpose 35.13.360 when authorized 35.13.370 effect on proposed incorporation 35.02.150, 35.02.155 federal areas 35.13.185, 35.13.190, 35.13.200, 35.13.210 fire department employees, transfer 35.10.360 fire protection districts assets, ownership 35.02.200 distribution of assets when less than five percent of district annexed 35.02.205 indebtedness remains obligation of taxable property annexed 35.13.249 newly incorporated city or town 35.02.202 sixty percent of assessed valuation acquired, transfer of assets 35.02.190 fourth class cities area restrictions 35.21.010 unplatted lands, restrictions on taking 35.21.010 indebtedness, ratification and funding after, election 35.40.030 information may be made available to public 35.13.350 metropolitan municipal corporations area contiguous to a metropolitan municipal corporation 35.58.530 municipal purposes, second class cities 35.13.180 population determination basis for allocation of state funds 35.13.260 certificate to office of program planning and fiscal management 35.13.260 port district property transfer rights of port district fire fighters 53.08.360 public service franchises in annexed areas 35.13.280 sewerage, water and drainage systems, transfer of system upon annexation of area 36.94.180 solid waste collection 35.13.280 taxes collected in 35.13.270 territory subject to proposal 35.13.176 unincorporated areas authority for 35.13.010 community municipal corporations certification of vote 35.13.090 creation 35.13.015, 35.13.020 date deemed organized 35.13.110 service areas 35.14.010 territory 35.14.010 when may be organized 35.14.010 comprehensive land use plan for area to be annexed contents 35.13.177 hearings on proposed plan, notice, filing 35.13.178 purpose 35.13.177 consent of county commissioners for certain property 35.13.010 county agricultural fair land 35.13.010 county commissioners, annexation election date, fixing 35.13.174 election date, filing by county commissioners 35.13.174 election method alternative, as 35.13.120 approval, assumption of indebtedness, majority required 35.13.095 approval, indebtedness not assumed, majority required 35.13.095 approval by city legislative body 35.13.020 review board 35.13.040 certification of vote 35.13.090 comprehensive plan, approval by electorate of 35.13.020 costs of election 35.13.020 date effective 35.13.110 (2008 Ed.) date of election, fixing 35.13.060 election, conducting 35.13.070 hearing by county commissioners 35.13.040 indebtedness, assumption of 35.13.090 multiple petitions or resolutions 35.13.050 notice of election, contents 35.13.080 hearing 35.13.040 ordinance providing for annexation, adoption of comprehensive plan, or creation of community municipal corporation 35.13.100 petition 35.13.020 petition for election, community municipal corporation, creation 35.13.020 petition to county commissioners 35.13.030 community municipal corporation creation 35.13.030 service area 35.13.030 election of community council members 35.13.030 proposition deemed approved, when 35.13.090 rate of assessment in annexed area 35.13.015, 35.13.110 resolution by city council 35.13.015 taxation proposition 35.13.015 termination of proceedings by declaration of termination, cities over 400,000 35.13.165 petition method alternative, as 35.13.170 appeals from legislative body 35.13.125 commencement of 35.13.125 date effective 35.13.160 indebtedness, assumption of 35.13.125 notice of hearing 35.13.140 notice to legislative body 35.13.125 ordinance providing for annexation 35.13.150 petition, content 35.13.130 property in as subject to comprehensive plan 35.13.160 signatures of property owners 35.13.130 taxation of annexed territory 35.13.160 termination of proceedings by declaration of termination, cities over 400,000 35.13.165 resolution method community municipal corporation, creation 35.13.015 contents of 35.13.015 submission by legislative body 35.13.015 review board composition 35.13.171 convening 35.13.171 factors guiding 35.13.173 favorable determination condition precedent 35.13.173 findings, filing of 35.13.173 procedures dispensed with, when 35.13.172 termination of proceedings by declaration of termination, cities over 400,000 35.13.165 when deemed contiguous 35.13.010 unincorporated island of territory notice, hearing 35.13.1822 referendum, election 35.13.1821 resolution, hearing 35.13.182 unplatted lands, towns 35.21.010 urban growth areas, annexations beyond prohibited 35.13.005 water-sewer districts Ch. 57.24 when review by boundary review board not necessary 36.93.110 Appropriations, statewide city employees’ retirement system 41.44.080 Aquariums and zoos management contracts 35.64.010, 35.64.020 Aquatic plant control, local improvement, authority for 35.43.040 Area, excluding bays, lakes, sounds, rivers or other navigable waters in determining the area of a city or town 35.21.160 Armories acquisition of site, authority 36.64.050 acquisition of site for, bond issue, sale or lease of 38.20.020 Art museums first class cities 35.22.290, 35.22.300 power to acquire, compensation for use 35.21.020 Asphalt or stone plants, acquisition and operation 35.92.030 Assessments for city property 35.44.130 local improvements, See LOCAL IMPROVEMENTS AND ASSESSMENTS Association of Washington cities, See ASSOCIATION OF WASHINGTON CITIES Athletic fields, power to acquire, compensation for use 35.21.020 Attorney, See CITIES AND TOWNS, subtitle City attorney Auctioneers licenses 35.21.690 taxes 35.21.690 Auditing false claim, penalty 42.20.060 Auditor in first class cities, See CITIES AND TOWNS, subtitle First class cities Auditoriums first class cities 35.22.290, 35.22.300 local improvement, authority for 35.43.040 power to acquire, compensation for use 35.21.020 Auxiliary water systems, local improvement, authority for 35.43.040 Bankruptcy readjustment and relief from debts Ch. 39.64 Bays, adjacent to calculating the area of for determination of area of city or town 35.21.160 powers and jurisdiction extended 35.21.160 Bicycle routes establishment, authorized, directed 47.26.305 Bicycles licenses 35.75.030, 35.75.040 paths for city street funds, use for, authorized standards 35.75.060 construction and maintenance of 35.75.010 prohibitions on use 35.75.020 rules regulating use 35.75.040 regulation and licensing of 35.75.010 road fund 35.75.050 Bids lease and lease back agreements 35.42.080 leases with or without option to purchase, when bidding required 35.42.220 public works cost determination 35.22.630 requirements 35.22.620 public works, when necessary 35.23.352 public works contracts electrical distribution systems exemption 35.22.640 minority employment clause 35.22.650 streets and alleys, construction 35.77.030 supplies, material, and equipment, when necessary 35.23.352 tax revenue may be considered 39.30.040 violations by municipal officers, penalties 39.30.020 Biennial budgets accounting and cost system, state auditor 35.34.190 adoption 35.34.120 annual budget requirements inapplicable 35.32A.010, 35.33.020 budget estimates [RCW Index—page 81] CITIES AND TOWNS classification and segregation 35.34.060 submittal process 35.34.050 budget message 35.34.090 contingency fund 35.34.250, 35.34.260 definitions 35.34.030 emergency expenditures nondebatable emergencies 35.34.140, 35.34.160 other emergencies 35.34.150, 35.34.160 employee hours, wages, conditions, adjustment 35.34.180 expended appropriations 35.34.270 expenditures 35.34.200 final budget hearing 35.34.110 funds, quarterly report by status 35.34.240 funds from sales of bonds and warrants 35.34.220 hearings 35.34.090 liabilities incurred in excess of budget 35.34.210 mid-biennial review and modification 35.34.130 notice of hearing 35.34.100 ordinance adoption to authorize 35.34.020, 35.34.040 preliminary budget 35.34.080 proposed preliminary budget 35.34.070 registered warrants, payment 35.34.170 revenue estimates 35.34.230 transfers and adjustments 35.34.200 violations and penalties 35.34.280 Biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 sharps waste collection 70.95.715 state preemption of local definitions 70.95K.011 waste treatment technologies evaluation by department of health 70.95K.020 Blighted areas, See CITIES AND TOWNS, subtitle Urban renewal Board of adjustment, See CITIES AND TOWNS, subtitle Planning commissions Board of equalization, local improvement of lowlands 35.55.070, 35.55.080, 35.56.080, 35.56.090 Boilers local regulation of boiler exempt from state regulation prohibited 70.79.095 Bond issues airports 14.08.112 cities and towns under 20,000 35.37.040, 35.37.090, 35.37.120 cities and towns under 300,000, receipts, limitation on use 35.33.131 community renewals 35.81.100, 35.81.115 declaratory judgments 7.25.010 definitions 7.25.005 eminent domain authority 8.12.390 bondholder’s remedy for nonpayment, limitations 8.12.450 collection, enforcement by bond owner 8.12.440 installment payment of assessments 8.12.420, 8.12.430 issuance, conditions 8.12.400 payment 8.12.460 sale, application of proceeds 8.12.410 energy or water conservation programs 35.92.105 expenditures from proposed 35.33.031 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 sufficiency 39.44.100 first class cities [RCW Index—page 82] issue by proxy 35.36.010, 35.36.020, 35.36.030, 35.36.040, 35.36.050, 35.36.060, 35.36.070 transfer of funds 35.22.590 general obligation bonds public utility acquisitions pledge of revenue for payment 35.92.080 housing authorities, authority for 35.82.130 improvement bonds, interest payment from general revenues, procedure 35.45.065 improvement bonds with fixed maturity or maximum annual retirement schedule 35.45.020 improvement district bonds sanitary fills 35.73.070 street grades, sanitary fills 35.73.060 indebtedness limitations, subject to 39.46.110 industrial development projects Const. Art. 32 §1 interest coupon interest payments on registered bonds 39.44.120 payment from general revenues, authority 35.45.065 revenue bonds, issuance at greater interest rate than that authorized, declared legal 39.90.050 local improvement general fund to local improvement fund, transfer 35.45.180 lowland filling 35.55.120, 35.55.130, 35.55.140, 35.56.130, 35.56.140, 35.56.150 refunding bonds, limitations 35.45.170 as repayment for local improvement installment notes 35.45.155 local improvements, See also LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Cities and towns lost or destroyed bond or warrant, procedure 39.72.010, 39.72.020 maturity 39.44.070 metropolitan park districts 35.61.200 municipal revenue bond act Ch. 35.41 mutual savings banks, authorized investment for 32.20.070, 32.20.100 notice of intent to sell general obligation bonds 39.46.120 parking facilities, off-street 35.86.020 parking commission operation 35.86A.090 payment of general obligation bonds 39.46.110 public mass transportation system general obligation and revenue bonds, authorized 39.33.050 public utility acquisitions general obligation bonds, pledge of revenue for payment of 35.92.080 revenue, lien against 35.92.100 refunding bonds authority to issue 39.52.010 bankruptcy readjustment and relief from debts Ch. 39.64 "corporate authorities", defined 39.52.050 indebtedness limitations not to be exceeded 39.52.020 tax levy to meet payments and interest 39.52.035 validation of prior issues 39.52.015 registered bonds, statements and signatures 39.44.102 registration of bonds principal payable to payee or assignee 39.44.110 treasurer as registration officer, designation of fiscal agent 39.44.130 registration of bonds and interest coupon interest payments 39.44.120 revenue bonds 35.41.030 energy or water conservation programs 35.92.105 funds for reserve purposes may be included 39.44.140 public utility acquisitions 35.92.100 sewerage systems 35.67.140, 35.67.150, 35.67.160, 35.67.170, 35.67.180, 35.67.194 revenue sewerage systems 35.67.190 sale of to United States at private sale amortization 39.48.020 chapter optional 39.48.040 sanitary fills, improvement district bonds 35.73.070 savings and loan associations, authorized investment 33.24.060, 33.24.070 statewide city employees’ retirement system funds, investment in 41.44.100 street grades, sanitary fills, improvement district bonds 35.73.060 subway construction 35.85.070 tunnel construction 35.85.070 United States, sale of bonds to at private sale Ch. 39.48 use to finance pedestrian malls 35.71.060 utility bonds, refunding with general obligation funding bonds Ch. 39.52 water redemption bonds Ch. 35.89 waterworks, refunding with general obligation funding bonds Ch. 39.52 Bonds annual report to department of community, trade, and economic development 39.44.210 information supplied to department of community, trade, and economic development contents 39.44.210, 39.44.230 definitions 39.44.200 validity not affected by not filing 39.44.240 official, See CITIES AND TOWNS, subtitle Official bonds uniform facsimile signature of public official act Ch. 39.62 Boulevards local improvement, authority for 35.43.040 maintenance and improvement of surface public utilities constructed under 35.21.190 transfer to park commissioners 35.21.190 Boundaries annexation use of right of way as corporate boundary 35.13.290 change of, filing notice of proposed action with boundary review board 36.93.090 right of way lines permitted to be substituted for any portion of street right of way 35.21.790 uncertain, towns 35.27.030, 35.27.060 Boundary changes factual information, provision to public and boundary review board 35.21.890 Boundary line adjustment agreement between cities to adjust lines, action not subject to review by boundary review board 35.13.310 annexation creating need for, agreement between cities to adjust lines, action not subject to review by boundary review board 35.13.320 city, defined 35.13.300 inclusion or exclusion of land partially located within city, review by boundary review board, necessary conditions avoid review 35.13.340 incorporation of new city creating need for, agreement pending incorporation, action not subject to review by boundary review board 35.13.330 legislative purpose 35.13.300 Boundary of city is county road city to maintain road 36.75.203 Boundary review boards annexation approval does not authorize other annexation action 36.93.155 annexation subject to board review 35.13.001 (2008 Ed.) CITIES AND TOWNS city actions not subject to board review 36.93.105 city actions subject to board review 35.10.001, 35.43.035, 35.67.022, 35.91.020, 35.91.025, 35.92.027 disincorporation subject to board review 35.07.001 review of proposed actions 36.93.100 Boundary review boards, See BOUNDARY REVIEW BOARDS Bridges authority to construct 35.85.010 elevated, first class cities authority to construct 35.85.010 local improvement, authority for 35.43.040 as part of state highway system Ch. 47.24 viaducts and tunnels, first class cities, construction and repair 35.22.280 Bridges, See also CITIES AND TOWNS, subtitle Drawbridges Budget director, cities over 300,000 appointment 35.32A.020 exemption from civil service status 35.32A.020 Budgets budgetary control accounts 35.33.151 cities over 300,000 adoption of budget by ordinance 35.32A.050 appropriation to various departments, expenditure allowances constitute 35.32A.050 biennial budget alternative 35.32A.010 bond sales, proceeds from, exemption from application of chapter 35.32A.010 budget exempted functions or programs 35.32A.010 mandatory 35.32A.090 budget director appointment by mayor 35.32A.020 confirmation of appointment by city council 35.32A.020 exemption from civil service status 35.32A.020 capital and betterment outlays, unexpended appropriations 35.32A.080 consideration by city council 35.32A.040 emergencies ordinance declaring, necessity 35.32A.060 withdrawals from fund 35.32A.060 emergency funds 35.32A.060 estimates expenditures 35.32A.030 revenues 35.32A.030 exemptions from budget 35.32A.010 expenditure allowances constitute appropriations 35.32A.050 grants, gifts, bequests or devises for specified purposes, exemption from application of chapter 35.32A.010 liability of public officials for violations of budget control 35.32A.090 municipal transportation system, exemption from provisions of chapter 35.32A.010 municipal utility departments exemption from budget control of expenditures 35.32A.070 operation and maintenance expenses unexpended appropriations 35.32A.080 ordinance adopting budget 35.32A.050 other expenditures void, budget mandatory 35.32A.090 penalty, violations of budget control 35.32A.090 proposed budget consideration by city council 35.32A.040 copies made available to all interested persons 35.32A.030 hearings 35.32A.040 mayor to submit to city council 35.32A.030 preparation by budget director 35.32A.030 publication, copies 35.32A.030 (2008 Ed.) revision by council, limitation on 35.32A.040 submission to city council 35.32A.030 reappropriations 35.32A.050 revision by council, limitation on 35.32A.040 transfer of allowances 35.32A.050 unexpended appropriations capital and betterment outlays 35.32A.080 operating and maintenance expenses 35.32A.080 cities under 300,000 annual budget 35.33.041 appropriations decrease, revocation or recall vote, fund, ordinance 35.33.121 enumerated approved appropriations 35.33.121 limitations 35.33.121 principal and interest on outstanding register warrants 35.33.106 reappropriation of unexpended sums 35.33.121 transfers between appropriations 35.33.121 bond issue receipts, limitation on use 35.33.131 budget message, availability to public 35.33.055 budgetary control accounts 35.33.151 capital outlay 35.33.031 contingency fund authorized use 35.33.145 expenditures from 35.33.145 limitation on use 35.33.145 ordinance appropriating funds from 35.33.147 revenue to support 35.33.145 current operating fund, unexpended funds, effect 35.33.151 definitions 35.33.011 emergency expenditures delay for passage in certain cases 35.33.091 expenditures without notice or hearing 35.33.081 official emergencies enumerated, vote required 35.33.081 ordinance declaring 35.33.091 other than those specifically enumerated, hearing 35.33.091 specific enumeration 35.33.081 vote necessary for expenditures 35.33.081 warrants, how paid 35.33.101 what constitutes 35.33.081 employees, adjustment of wages, effect 35.33.107 estimates 35.33.031 excess liabilities incurred by officers and employees 35.33.125 expenditures approved expenditures enumerated 35.33.121 classification of 35.33.121 emergencies, official, vote required 35.33.081 limitation 35.33.121 transfers between appropriations 35.33.121 expenditures from proposed bond or warrant issues 35.33.031 failing to comply with budget law, penalty 35.33.170 final budget 35.33.075 hearing 35.33.071 meeting to adopt 35.33.061 time for holding 35.33.071 notice of meeting to adopt 35.33.061 posting of notice of meeting to adopt 35.33.061 publication of notice of meeting to adopt 35.33.061 funds received from sales of bonds and warrants, expenditure 35.33.131 funds received in excess of estimated revenues, transfer between general classes 35.33.121 general classification 35.33.041 general obligation or revenue bonds, expenditures made from revenue 35.33.121 late claims, budgetary control account 35.33.151 penalty for failure to comply with budgetary law 35.33.170 preliminary budget 35.33.031, 35.33.051 availability to public 35.33.055 budget message to be a part of 35.33.057 filing with city clerk 35.33.055 hearing 35.33.057 submission to legislative body, contents 35.33.057 when 35.33.057 when filed 35.33.055 report of expenditures and liabilities against budget appropriations 35.33.141 not less than quarterly 35.33.141 revenue estimate submission to legislative body 35.33.135 time for submission 35.33.135 revenues fixing amount of ad valorem taxes to be levied 35.33.135 ordinance fixing amount to be raised by ad valorem taxes 35.33.135 supervision by state auditor 35.33.111 transfer between items within classes 35.33.121 unexpended appropriations current operating funds 35.33.151 special funds 35.33.151 unexpended items, revocation, recall, or decrease of 35.33.121 warrants, emergency expenditures 35.33.101 consolidation including annexation of cities, effect 35.10.315 expenditures for streets 35.76.060 file with county for tax levy 84.52.020, 84.52.025 first class cities under 300,000 35.33.020 leases with or without option to purchase, budget to provide for payment of rentals 35.42.220 newly incorporated city or town 35.02.132 second class cities 35.33.020 towns 35.33.020 Building codes adoption by reference 35.21.180 amendment of state building code 19.27.040 exemptions 19.27.060, 19.27.065 housing for indigent persons, emergency exemptions 19.27.042 state building code Ch. 19.27 Building permit fee deposit in building code council account 19.27.085 Building permits contractor registration verification required before issuance 18.27.110 governmental units, no security required for permit issuance 35.21.470 Buildings first class cities, control over location and construction 35.22.280 life-cycle cost analysis Ch. 39.35 multi-family and mixed-use projects assessment exemption period for new projects 35.87A.170 definitions 35.87A.020 hearing, notice 35.87A.050 hearings 35.87A.060 initiation petition or resolution 35.87A.030 ordinance to establish, contents and adoption 35.87A.100 purposes 35.87A.010 special assessments 35.87A.080, 35.87A.090, 35.87A.140 [RCW Index—page 83] CITIES AND TOWNS newly constructed, appraisal by assessor 36.21.070, 36.21.080 residential structures occupied by persons with handicaps, treatment of 35.63.220 restrictions on set-back, See CITIES AND TOWNS, subtitle Planning commissions structurally defective, See CITIES AND TOWNS, subtitle Unfit dwellings towns 35.27.370 Burial of dead, authority 68.52.030 Bus service, authority to contract with other governmental authorities, limitation 39.34.085 Bus stations conduct at, unlawful 9.91.025 Buses conduct on, unlawful 9.91.025 Business and occupation tax, municipal Ch. 35.102 Canals and ditches, safeguarding 35.43.040, 35.43.045 Canals and waterways, lowland fill areas, generally Ch. 35.56 Cemeteries acquisition and maintenance 68.52.040 annexation of territory for 35.13.180 cemetery board 68.52.045 exemptions from regulation by board 68.05.400 first class cities, regulation of 35.22.280 improvement fund 68.52.050, 68.52.060, 68.52.065, 68.52.070, 68.52.080 private corporations Ch. 68.20 second class cities, establishment and regulation 35.23.440 Census, See CITIES AND TOWNS, subtitle Population determination Cesspools, first class cities assessment for closing 35.22.320 closing and filling 35.22.310 Charge cards for travel expenses 42.24.115 Charter cities, claims against 35.31.020 Charters alternative propositions, submission of Const. Art. 11 § 10 amendment 35.22.130 amendment by special law prohibited Const. Art. 2 § 28 amendment of, how effected Const. Art. 11 § 10 cities over 300,000 population, election of freeholders, ballots 35.22.055 cities over ten thousand population authority to frame Const. Art. 11 § 10 power to frame charter 35.22.030 election of freeholders Const. Art. 11 § 10 first class cities 35.22.030, 35.22.050, 35.22.055, 35.22.060, 35.22.070, 35.22.080, 35.22.090, 35.22.100, 35.22.110, 35.22.120, 35.22.130, 35.22.140, 35.22.150, 35.22.160, 35.22.170, 35.22.180, 35.22.190, 35.22.200 amendments to exercising powers, functions and duties in accordance with 35.22.020 framing for government 35.22.030, 35.22.050, 35.22.055, 35.22.060, 35.22.070, 35.22.080, 35.22.090, 35.22.100, 35.22.110, 35.22.120, 35.22.130, 35.22.140, 35.22.150, 35.22.160, 35.22.170, 35.22.180, 35.22.190, 35.22.200 petition for, contents of 35.22.130 requisites of 35.22.130 grant of, to be under general laws Const. Art. 11 § 10 home rule with county Const. Art. 11 § 16 how amended Const. Art. 11 § 10 legislative powers of charter city 35.22.200 pedestrian malls, conflict over, effect 35.71.120 [RCW Index—page 84] power of certain cities to frame Const. Art. 11 § 10 powers on adopting charter 35.22.195 publication of election notices and proposed charter Const. Art. 11 § 10 submission of proposed charter Const. Art. 11 § 10 vote on, majority necessary to ratify Const. Art. 11 § 10 Chief of police eligibility criteria 35.21.333, 35.21.334 vacancies 35.21.335 Child care facilities family day care provider’s home facility allowed 35.63.185, 36.70A.450 family day-care provider’s home facility allowed 35.21.688 review of need and demand for definitions 35.63.170 review, implementation of findings 35.63.180 Cities in county with a population of two hundred ten thousand or more west of Cascades, utilities, support of cities, towns, counties and taxing district in which facilities located 35.21.422 City attorney legal interns, employment 35.21.760 City buildings lease and lease back agreements Ch. 35.42 City clerks, See CITIES AND TOWNS, subtitle Clerks City council budget consideration by city council 35.32A.040 revision by council, limitation 35.32A.040 confirmation of budget director appointment 35.32A.020 consideration of proposed budget 35.32A.040 members, service as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers 35.21.770 proposed budget submitted to 35.32A.030 unincorporated towns on United States land, powers of review 58.28.520 City council, See also CITIES AND TOWNS, subtitle Council-manager plan; CITIES AND TOWNS, subtitle First class cities City engineer streets and alleys, records of funds used 35.21.270 City halls, jointly with county courthouses authority for 36.64.010 contracts approval 36.64.030 terms of 36.64.020 funds, how provided 36.64.040 City hardship assistance program implementation by transportation improvement board 47.26.164 City jails, See CITIES AND TOWNS, subtitle Jails City lands lease and lease back agreements Ch. 35.42 City limits electrical energy, purchase and sale beyond 35.84.010 electrical energy facilities beyond limitation on eminent domain 35.84.030 right to acquire 35.84.020 exclusion of area from boundaries Ch. 35.16 fire apparatus used beyond 35.84.040 firefighters injured beyond 35.84.050 reduction Ch. 35.16 street railway extensions beyond 35.84.060 urban public transportation system, extensions beyond 35.84.060 water systems extended beyond acquisition of property 35.92.180 authority for 35.92.170 City manager, See CITIES AND TOWNS, subtitle Council-manager plan City property, See CITIES AND TOWNS, subtitle Property City sealer, See WEIGHTS AND MEASURES, subtitle City sealers and deputies City street fund bicycle paths, use authorized standards 35.75.060 City transportation authority - monorail Ch. 35.95A City treasurer bond effect of depositaries 35.38.050 cities of first class employees’ retirement fund custodian 41.28.080 collection of assessments, duties 35.49.010 failure to call for or pay warrant, penalty 35.21.320 health department pooling funds 70.08.080 misappropriation of funds 42.20.090 moneys to be deposited with treasurer Const. Art. 11 § 15 use of, by official, a felony Const. Art. 11 § 14 police relief and pension board member 41.20.010 second class cities, See CITIES AND TOWNS, subtitle Second class cities utility local improvement districts, collection of assessments, duties 35.49.010 Civil violations subject to monetary penalties as alternative to criminal sanctions 35.22.280, 35.23.440, 35.27.370 Claims accident claims first class cities cumulative provisions 35.31.020 other than first class accident fund 35.31.050, 35.31.060, 35.31.070 auditing and paying false claim, penalty 42.20.060 charter cities filing 35.31.020 provisions in charter relating to procedure, effect of 35.31.020 claims presented after the end of the fiscal year in cities and towns under 300,000 35.33.151 first class cities filing 35.31.020 local improvement bonds 35.45.070 noncharter cities 35.31.040 payment before approval by legislative body 42.24.180 pedestrian malls 35.71.110 towns, auditing and allowance of 35.27.340 Classification advancement 35.06.010, 35.06.070, 35.06.080 first class 35.01.010 by population Const. Art. 11 § 10 second class 35.01.020 towns 35.01.040 Clerks city streets as part of state highway system certified to clerk 47.24.010 commission form of government 35.17.080 ordinances recorded by 5.44.080 police relief and pension board of trustees member 41.20.010 streets and alleys, records of funds used 35.21.270 Code of ethics 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 Code reenactment, 1965 Title 35 Codification of ordinances adoption as official code 35.21.520 adoption of new material 35.21.560 authorization for 35.21.510 copies as proof of ordinances 35.21.550 filing with city clerk 35.21.530 initial amending, adopting or rejecting of adopting ordinance 35.21.540 notice of hearing 35.21.530 (2008 Ed.) CITIES AND TOWNS single subject requirements 35.21.570 subsequent amendments 35.21.570 what constitutes 35.21.500 Cold storage plants, acquisition and operation 35.92.040 Columbia River Gorge commission, city conformance with laws 35.22.700 Combined city and county municipal corporations Const. Art. 11 § 16 fire protection or law enforcement binding arbitration in collective bargaining, when 36.65.050 intent 36.65.010 method of allocating state revenues 36.65.040 public employee retirement or disability benefits not affected 36.65.060 school districts retained as political subdivisions 36.65.020 Combined sewerage, water, and garbage systems, statutes to govern 35.67.340 Commission government abandonment of effect 35.17.460 election conducting 35.17.450 proposition submitted 35.17.440 liabilities of city 35.17.460 method 35.17.440 reorganization 35.17.460 time of existence, requirement 35.17.430 vested property rights 35.17.460 without changing classification 35.17.430 adoption of appropriations, effect on 35.17.420 boundaries of city, effect on 35.17.410 existing ordinances and resolutions, effect on 35.17.410 vested rights, effect on 35.17.410 appropriations existing at time of adoption, effect 35.17.420 revision by commission 35.17.420 bonds authority of commissioners to fix 35.17.100 commissioners 35.17.100 officers and employees 35.17.100 city clerk acknowledgments, taking 35.17.105 appointment by commissioners 35.17.080 commissioners bonds 35.17.100 compensation 35.17.080 election 35.17.020 first election 35.17.400 quorum, when constitutes 35.17.180 salaries generally 35.17.108 second election 35.17.400 terms of office, vacancies 35.17.020 voting rights 35.17.180 definition 35.17.010 departments of officers and employees 35.17.090 power and duty assignments 35.17.090 elections 35.17.020 financial statements annual 35.17.170 monthly 35.17.170 firemen, free passes and services, public franchises 35.17.150 laws applicable 35.17.030 legislative power franchise grants 35.17.220 how exercised 35.17.180 initiative petitions appeal to court 35.17.290 certification by clerk 35.17.280 conduct of election 35.17.300 date effective 35.17.330 election for 35.17.280, 35.17.290, 35.17.300, 35.17.310, 35.17.330, 35.17.340, 35.17.350, 35.17.360 notice of election 35.17.310 repeal or amendment (2008 Ed.) method 35.17.350 record 35.17.360 by whom 35.17.340 money appropriations 35.17.200 ordinances, effective date of 35.17.230 ordinances and resolutions, signing and filing 35.17.190 public service utilities 35.17.220 quorum, when constituted 35.17.180 referendum initiative petition provision 35.17.250 street improvement 35.17.210 suspension of ordinances 35.17.240 veto power of mayor 35.17.190 vote recording of 35.17.180 rights of commissioners 35.17.180 mayor duties 35.17.060 president of 35.17.060 salary generally 35.17.108 veto power 35.17.190 meetings open to public 35.17.050 regular 35.17.050 special 35.17.050 officers and employees appointment 35.17.080 bonds 35.17.100 changes in compensation 35.17.130 commission power over 35.17.130 department assignment 35.17.090 discharge 35.17.080 duty assignment 35.17.090 free passes and services, prohibition on public franchises 35.17.150 salaries and wages 35.17.120 offices, where maintained 35.17.040 ordinances and resolutions adoption of new form 35.17.410 effective date 35.17.230 initiative petitions 35.17.260, 35.17.270, 35.17.280, 35.17.290, 35.17.300, 35.17.310, 35.17.330, 35.17.340, 35.17.350, 35.17.360 money appropriations 35.17.200 public service utilities 35.17.220 referendums, effect 35.17.240 signing and filing 35.17.190 street improvement 35.17.210 organization as appropriations, effect on 35.17.420 ballot wording 35.17.390 boundaries of city, effect on 35.17.410 elections 35.17.400 existing ordinances and resolutions, effect on 35.17.410 petition of electors 35.17.380 population necessary, how determined 35.17.370 special election 35.17.380 vested rights, effect on 35.17.410 policemen, free passes and services on public franchises 35.17.150 population requirements 35.17.370 powers of second class cities, applicable statutes 35.17.030 president, mayor as 35.17.060 public franchises, free passes and services, officers and employees 35.17.150 referendum ordinances subject to 35.17.230 provisions for initiative petitions, application 35.17.250 public service utilities 35.17.220 public service utility franchises 35.17.220 suspension of ordinances 35.17.240 vice president, commissioner of finance as 35.17.070 Commons, second class cities 35.23.440 Community economic revitalization board created 43.160.030 Community municipal corporations annexation of unincorporated area, resolution may provide for creation of community municipal corporation 35.13.015 community council compensation and expenses 35.14.030 election 35.14.020 employees 35.14.030 meetings 35.14.030 membership 35.14.020 office 35.14.030 officers 35.14.030 quorum 35.14.030 terms 35.14.020 consolidating cities may authorize creation of 35.10.540 continuation of existence election 35.14.060 petition for continuation to legislative body of the city 35.14.060 procedure 35.14.060 resolution to legislative body of the city 35.14.060 inclusion of annexed area into 35.13.015 original term of existence 35.14.060 powers and duties 35.14.050 service areas 35.14.010 territory 35.14.010 when may be organized 35.14.010 Community redevelopment financing Ch. 39.88 Community renewal bond issues financing by 35.81.100 general obligation 35.81.115 legal investments for financial institutions 35.81.110 securities by federal government 35.81.110 comprehensive plan for, preparation and adoption 35.81.060 conveyances, presumption in regard to 35.81.140 discrimination 35.81.170 eminent domain, powers of city 35.81.080 findings, requirement of 35.81.050 judgment and process, property exempt from 35.81.120 local improvement districts 35.81.190, 35.81.200 plans and planning comprehensive plan 35.81.060 formulation of program 35.81.040 powers of city assignment of 35.81.160 eminent domain 35.81.080 general grant 35.81.070 property acquisition within area 35.81.090 property within area 35.81.095 urban renewal projects 35.81.150 private enterprise, encouragement of 35.81.030 public bodies, powers of 35.81.130 public officials and employees, interest in projects, contracts, etc. 35.81.180 purpose and necessity, declaration of 35.81.005 taxation, property exempt from 35.81.120 urban renewal agency compensation 35.81.160 members 35.81.160 powers 35.81.160 Community restitution by offenders workers’ compensation and liability insurance coverage 35.21.209, 51.12.045 Community revitalization financing Ch. 39.89 community redevelopment financing Ch. 39.89 Community service organizations neighborhood improvement projects 35.21.278 Commute trip reduction employer program, review and penalties 70.94.534 [RCW Index—page 85] CITIES AND TOWNS growth and transportation efficiency centers 70.94.528 implementation of plans use of funds 70.94.544 requirements for counties and cities 70.94.527 Competitive bidding requirements preferential purchase of products made from recycled materials authorized 39.30.040 tax revenue may be considered 39.30.040 Comprehensive community health centers administrative implementation, state agencies 70.10.060 construction projects fiscal assistance, approval, use 70.10.040 interagency cooperation 70.10.050 defined 70.10.020 federal/state fund 70.10.030 legislative intent 70.10.010 Comprehensive plan community renewal law 35.81.060 copy of plan and regulations provided to county assessor 35.22.695, 35.63.240 referral to community council 35.14.040 Condemnation, See CITIES AND TOWNS, subtitle Eminent domain Condemnation of blighted property 35.80A.010 authority to enter property or buildings 35.80A.040 disposition of property acquired by condemnation 35.80A.030 financial assistance, acceptance 35.80A.040 transfer of property acquired by condemnation 35.80A.020 Conditional sales contracts for purchase of real or personal property authorized, indebtedness limitations 39.30.010 election required if exceeds indebtedness limitations 39.30.010 joint execution with other municipal corporations authorized, indebtedness limitation 39.30.010 Conference (with counties) to study regional and governmental problems 36.64.080, 36.64.090, 36.64.100, 36.64.110 Conservation, preservation interest in land acquisition, authorized 64.04.130 conveyance, form 64.04.130 Consolidated cities, local improvements 35.43.060 Consolidation community municipal corporations consolidating cities may create 35.10.540 service areas 35.14.010 territory 35.14.010 when may be organized 35.14.010 two or more contiguous cities assumption of general obligation indebtedness 35.10.440 ballot questions 35.10.460 boundary review board role 35.10.450 canvass of votes 35.10.470 costs of elections and public meetings 35.10.500 effective date of consolidation 35.10.480 election of officials 35.10.480 form of government 35.10.430 geographical considerations 35.10.400 initiation of election process 35.10.410, 35.10.420 name of city 35.10.490 public meetings on proposal 35.10.450 wards 35.10.550 Consolidation including annexation of cities annexation ordinance of effective date 35.10.265 annexation, alternate methods acceptance by annexing city 35.10.217 annexing city to indicate acceptance 35.10.217 election 35.10.217 [RCW Index—page 86] notice to annexing town, duty of legislative body 35.10.217 petition of electors 35.10.217 resolution of city to be annexed 35.10.217 assets, vesting 35.10.300 assumption of indebtedness, vote required 35.10.240 budget 35.10.315 canvass of votes by county canvassing board 35.10.240 city defined 35.10.207 claims, collection and payment of 35.10.310 elections canvass of county canvassing board 35.10.240 fire department employees, transfer 35.10.520, 35.13.215, 35.13.225, 35.13.235 fire department employees, transfer of 35.10.365, 35.10.370, 35.10.510, 35.10.530 indebtedness effect of consolidation of annexation upon 35.10.331 ordinances, former, enforcement 35.10.320 purpose of chapter 35.10.203 state funds, effect upon right to receive 35.10.317 taxation levying 35.10.310 payment of other city’s obligation 35.10.310 title to property, vesting 35.10.300 Consolidation including annexation of incorporated cities and towns indebtedness ratification and funding after, election 35.40.030 preexisting obligations of former city, election for validation 35.37.027 Consolidation of local government unit and first class city retirement rights compliance with law 41.04.430 definitions 41.04.405 intent 41.04.400 limitations 41.04.425 membership in first class city retirement system 41.04.415 newly created legal entity 41.04.420 public or public safety employees’ retirement systems 41.04.410 Constables, See CONSTABLES Contaminated properties decontamination, disposal, or demolition of city or county action, options 64.44.040 Continuity of government in event of enemy attack, succession to office of executive heads 42.14.050 Contracts architectural and engineering services Ch. 39.80 awards, posting 39.04.200 bond of contractor registration or licensing prerequisite to public works contract 39.06.010 competitive bidding requirements, exemptions 39.04.280 county with population of two hundred ten thousand or more, with cities concerning buildings and related improvements 36.64.070 debts and obligations, declared legal regardless of interest rate 39.90.060 disincorporation, impairment of 35.07.100 electrical construction or improvements, bid proposals 35.92.350 engineering systems 39.04.290 general corporate powers 35.21.010 interest due when payment is not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 joint city halls with county courthouses 36.64.010, 36.64.020, 36.64.030 minority and women’s business enterprises 39.04.160 municipal water and sewer facilities act 35.91.020 parks and recreation cooperation 67.20.020 public works, See PUBLIC WORKS purchase of real or personal property authorized, indebtedness limitations 39.30.010 election required if exceeds indebtedness limitation 39.30.010 joint execution with other municipal corporations authorized, indebtedness limitation 39.30.010 second class cities, power to make 35.23.440 small works roster 39.04.156 street improvements prerequisite to land development contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 United States Demonstration Cities and Metropolitan Development Act 35.21.660 Convention center facilities and stadiums Ch. 67.30 Convention center facilities and structures funding shortfalls, special assessments, authority for 35.43.040 Conveyances property acquired at local improvement proceedings 35.53.030 public utilities 35.94.010, 35.94.020, 35.94.030 real property in community renewal areas 35.81.090, 35.81.095 sewerage sale acquired property 35.67.270 Corporate powers acquisition of recreational and athletic facilities 35.21.020 generally 35.21.010 Corporate stock or bonds not to be owned by Const. Art. 8 § 7 Corporations, metropolitan municipal, See METROPOLITAN MUNICIPAL CORPORATIONS Correctional facilities, authority to build and maintain 70.48.190 Correctional facilities, state reimbursement for impact costs Ch. 72.72 Council first class cities, See CITIES AND TOWNS, subtitle First class cities prohibited acts 42.23.070 towns, See CITIES AND TOWNS, subtitle Towns vacancy in nonpartisan governing body filling of vacancy 42.12.070 Councilman, councilmen, defined 35.18.005 Council-manager plan abandonment of effect 35.18.320 method 35.18.300 petition of voters for 35.18.290 special election, proposition 35.18.310 term of years before 35.18.290 without changing classification 35.18.290 administrative services, responsibility of manager 35.18.110 adoption of council, election of 35.18.270 election ballots 35.18.260 procedure 35.18.250 eligibility 35.18.230 officials holding over 35.18.280 petition, signatures required 35.18.240 population requirements 35.18.230 budget, revision by first council 35.18.285 city manager (2008 Ed.) CITIES AND TOWNS appointment by council 35.18.010 appointments of 35.18.060 basis for choice 35.18.040 bond 35.18.050 head of administrative branch 35.18.010 interference by council 35.18.110 members of council, eligibility 35.18.040 oath 35.18.050 officers and employees, discussion with council 35.18.110 powers and duties 35.18.060 qualifications 35.18.040 removal finality of council action 35.18.130 reply and hearing 35.18.130 resolution and notice 35.18.120 responsibility to council 35.18.010 salary 35.18.220 serving more than one town, council determination 35.18.070 subordinates appointment of 35.18.100 interference with by council 35.18.110 qualifications 35.18.100 terms of office 35.18.100 substitution for, when authorized 35.18.140 terms of office 35.18.120 council authority of 35.18.160 chairman, selection of 35.18.190 city manager, appointment of 35.18.010 confirmation of appointments 35.18.060 conviction of crime 35.18.150 definitions 35.18.005 elections, number, and terms 35.18.020 elective officials 35.18.010 eligibility for 35.18.150 first election 35.18.270 forfeiture of office, grounds for 35.18.150 interference with city manager 35.18.110 mayor, selection of 35.18.190 mayor pro tempore, appointment of 35.18.210 meetings open to public 35.18.170 quorum for 35.18.170 when 35.18.170 ordinances and resolutions signing and filing 35.18.180 vote necessary to pass 35.18.180 population proportioning 35.18.020 removal of city manager 35.18.120, 35.18.130, 35.18.140 revision of appropriations for first term 35.18.285 salaries 35.18.220 salary of city manager, fixing 35.18.220 subordinates of city manager, authority over 35.18.110 substitution for city manager, when authorized 35.18.140 departments creation by council 35.18.080 heads of, authority 35.18.090 officers and employees appeal from manager’s decision 35.18.090 appointment 35.18.090 removal 35.18.090 elective officials 35.18.010 mayor absence or disability, appointment of pro tempore 35.18.210 appointments of, confirmation of council 35.18.060 chairman of council, selection 35.18.190 councilman’s privileges 35.18.190 duties of 35.18.200 filling vacancy 35.18.190 public safety, powers for 35.18.200 selection 35.18.190 mayor pro tempore, appointment of 35.18.210 ordinances and resolutions signing and filing 35.18.180 (2008 Ed.) vote necessary to pass 35.18.180 police judge, appointment by city manager, term, removal, grounds 35.18.060 wards and districts 35.18.020 Counties, city harbor in two counties, effect upon assessments 36.08.030 County property assessments for local improvement districts or utility local improvement districts 35.44.140 subject to local improvement assessments acquisition from county 35.49.150 disposition of proceeds upon resale 35.49.160 transfer to municipality, approval necessary 36.34.280 County roads and bridges, assistance in finances 36.76.110 Courts, See CITIES AND TOWNS, subtitle Municipal courts; CITIES AND TOWNS, subtitle Night court Credit card use for purchases, conditions 43.09.2855 Credit establishment for payment of warrants 43.09.2853 Credit for energy conservation Const. Art. 8 § 10 Credit not to be loaned Const. Art. 8 § 7 Crimes bicycle paths, use of for other purposes 35.75.020 penalties uniform with state law 35.21.163 sewer connection without permission 35.67.350 water pollution, penalty 35.88.040 Criminal cases agreement with county to handle 3.50.800, 3.50.805, 35.23.555 agreement with county to handle, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Criminal identification, See STATE PATROL, subtitle Identification and criminal history section Criminal penalties uniform with state law 35.21.163 Crop purchase contracts, dedicated energy crops 35.21.465 Cultural arts, stadium and convention districts Ch. 67.38 Cultural or arts facilities authority for local improvement 35.43.040 Culverts, local improvement, authority for 35.43.040 Curfew for juveniles 35.21.635 Daylight saving time, prohibition of and exceptions 1.20.050 Debts collection agency may be used, fees 19.16.500 Debts, See also CITIES AND TOWNS, subtitle Indebtedness Declaratory judgments bonds 7.25.010 contracts 7.24.020 franchises 7.24.020, 7.24.110 ordinances 7.24.020, 7.24.110 party to action 7.24.110 Demonstration Cities and Metropolitan Development Act contracts 35.21.660 powers and limitations of public corporations etc., created 35.21.670 Depositaries all deposits must be made in public depositary 39.58.080 Depositaries, See also CITIES AND TOWNS, subtitle Fiscal matters Deposits of public funds in financial institutions, reports and statement under oath of 42.17.245 Detention, special detention, holding and correctional facilities authority to build and maintain 70.48.190 Detergent phosphorus content Ch. 70.95L Development, comprehensive plans for 35.63.090 Development projects review process 36.70A.470 Development regulations to be consistent with comprehensive plan 35.63.125 Dikes authority to construct 35.21.090 local improvement, authority for 35.43.040 Diking and drainage districts contributions, when 85.24.250 inclusion within 85.24.250 Diking and drainage districts, See also DIKING AND DRAINAGE Diking districts inclusion within 85.05.260, 85.06.230 rights of way, power to acquire 85.05.080 Discrimination administrative and judicial remedies, authorized 49.60.330 Disincorporation authority 35.07.010 claims against corporation, payment 35.07.150 contracts existing, impairment of 35.07.100 effect 35.07.090 election 35.07.040, 35.07.050, 35.07.060, 35.07.070, 35.07.080 filing notice of with boundary review board 36.93.090 franchises, impairment of 35.07.100 indebtedness 35.07.040, 35.07.140 order of, involuntary dissolution 35.07.250 petition 35.07.020 receiver 35.07.120, 35.07.130, 35.07.150, 35.07.160, 35.07.170, 35.07.180, 35.07.190, 35.07.200, 35.07.210, 35.07.220, 35.07.225 streets and highways, state control 35.07.110 Disincorporation, See also CITIES AND TOWNS, subtitle Involuntary dissolution Disorderly houses, second class cities, control of 35.23.440 Disorderly persons, first class cities, providing for punishment of 35.22.280 Dispute resolution centers alternative to judicial setting Ch. 7.75 Dissolution filing notice of with boundary review board 36.93.090 Dissolution, See also CITIES AND TOWNS, subtitle Involuntary dissolution District court criminal cases agreement with county to handle, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 filing fees establishment of fees to be paid by city 3.62.070 promotion of efficiency to minimize costs to cities that use the district courts cities and courts to cooperate to minimize costs 3.62.100 traffic school for offenders, court may compel attendance 46.83.050 venue, change of 3.66.090 District court districting committee, membership 3.38.010 Dogs licensing fee waiver, guide and service animals 49.60.380 powers and duties to regulate Ch. 16.08 towns, licensing 35.27.370 unclassified cities, regulations, licensing 35.30.010 Domestic violence technical assistance grant program 70.123.130 Donations, authority to accept and use 35.21.100 Donations of right of way for transportation improvements [RCW Index—page 87] CITIES AND TOWNS advertising signs on donated parcels 47.14.040 credit against benefit district assessment 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 Downtown and neighborhood commercial districts definitions 35.100.020 findings, intent 35.100.010 local retail sales and use tax 35.100.030, 35.100.040 main street program Ch. 43.360 revenue, determination of amount 35.100.050 Drainage districts, inclusion within 85.06.230 Drainage systems, authority to provide for 35.21.210 Drawbridges construction and maintenance Ch. 35.74 Driving under the influence of liquor or drug, minimum penalty 35.21.165 Dwellings unfit for human habitation, See CITIES AND TOWNS, subtitle Unfit dwellings Economic development programs contracts with nonprofit corporations authorized 35.21.703 deemed a public purpose 35.21.703 main street program Ch. 43.360 Economic opportunity act programs, participation 35.21.680 Elections annexation of unincorporated areas, election of community council members, petition for 35.13.030 ballots first class, charter election 35.22.090 city harbor in two counties 36.08.010, 36.08.020 commission form cities 35.17.020 abandonment of 35.17.440 adoption of 35.17.380 community municipal corporations community council 35.14.020 continuation of existence 35.14.060 conditional sales contracts for purchase of real or personal property exceeding debt limitations, election required 39.30.010 council-manager plan cities abandonment 35.18.300, 35.18.310 adoption of 35.18.250 councilmembers 35.18.020 elective offices - qualifications, terms, and requirements Ch. 29A.20 excess indebtedness, cities and towns under 20,000 35.37.050 failure to hold for two successive years, involuntary dissolution 35.07.230 filing for office Ch. 29A.24 first class cities charter adoption 35.22.090 charter revision 35.22.120 first officers 35.22.070 freeholders 35.22.050, 35.22.140 general and special 35.22.280 fourth class cities general municipal 35.27.090 officers 35.27.090 incorporation Ch. 35.02 initiative petitions, commission form of government 35.17.360 metropolitan municipal corporations 35.58.070, 35.58.080, 35.58.090, 35.58.100 public utility acquisitions 35.92.070 second class cities 35.23.051 general power 35.23.440 third class cities 35.23.051 vacancies Ch. 29A.28 Elections, See also CITIES AND TOWNS, subtitles Annexation; Incorporation [RCW Index—page 88] Electric joint operating agencies, See JOINT OPERATING AGENCIES Electric revenue bonds, mutual savings banks, investment in 32.20.070, 32.20.100 Electric utilities electric power and energy joint operating agency 35.22.705, 35.23.705 Electrical apparatus use and construction rules Ch. 19.29 Electrical construction or improvements, bid proposals 35.92.350 Electrical contractors licenses, limitation on city to regulate 19.28.041 Electrical distribution equipment, acquisition from public utility districts 35.92.054 Electrical installations electrical inspector 19.28.321 enforcement powers 19.28.321 higher standards than state statutes may be imposed 19.28.010 inspections, applicability to certain cities and towns 19.28.141 permits not issued to nonlicensees 19.28.081 residential buildings moved without change in occupancy classification 19.28.010 underground, conversion to Ch. 35.96 Electrical transmission line gardening leases 35.92.370 Electrical utilities civil immunity for good faith mistakes 35.21.415 electric power and energy joint operating agency, purchase from 35.92.420 electrical energy facilities beyond city limits eminent domain, limitation on right 35.84.030 purchase of 35.84.010 right to acquire 35.84.020 sale of 35.84.010 first class cities generating plants and facilities, authority to own and operate 35.92.052 franchises for electrical utilities on streets 80.32.010 irrigation pumping service, tariff 35.92.365 net metering of electricity Ch. 80.60 service installation charges customer may contract privately 35.22.640 underground, conversion to Ch. 35.96 Electrical utilities, See also CITIES AND TOWNS, subtitle Public utilities Electrical utility properties acquisition and operation 35.92.050 defined 35.92.280 joint undertakings with public utility districts agreements 35.92.290 definition 35.92.280 financing 35.92.300 laws relating to, construction of 35.92.310 Electronic data processing systems acquisition method for municipalities 39.04.270 Elevators, lifting devices, and moving walks arbitration for dispute resolution with department 70.87.205 jurisdiction 70.87.200 Embankments, authority to construct 35.21.090 Emergencies expenditures, creation of special fund 35.32A.060 Emergencies, See also CITIES AND TOWNS, subtitle Budgets Emergency management program, powers and duties Ch. 38.52 Emergency medical care and transportation urban emergency medical service districts authorized in certain cities and towns 35.21.762 Emergency medical care and transportation services, state preempts authority 18.73.020 Emergency seat of government in event of enemy attack, authority 42.14.075 Emergency services automatic number or location identification for 911 services, regulation prohibited 35.21.895 Eminent domain adjournments 8.12.160 appeal and review 8.12.200 assessments assessment districts 8.12.280 assessment roll 8.12.290, 8.12.360 continuance of hearing on 8.12.320 hearing and notice 8.12.300 judgments 8.12.350 modification 8.12.340 objections to 8.12.330 service of process 8.12.310 board of eminent domain commissioners 8.12.270, 8.12.280 commissioners to make, appointment and duties 8.12.240 delinquent 8.12.500 collection 8.12.470, 8.12.480 payment and redemption 8.12.490 improvements, payment by special assessment 8.12.230 lien of assessment, enforcement 8.12.520 notice of assessment 8.12.380 payment 8.12.370 petition for assessment 8.12.240 reassessment 8.12.510 regrade assessments 8.12.550 assessments for board of commissioners 8.12.260 authority 8.12.030 board of eminent domain commissioners 8.12.260, 8.12.270, 8.12.280 bonds authority to issue and sell 8.12.390 bondholder’s remedy for nonpayment, limitations 8.12.450 collection, enforcement by bond owner 8.12.440 installment payment of assessments 8.12.420, 8.12.430 issuance, conditions 8.12.400 payment 8.12.460 sale, application of proceeds 8.12.410 bridges, for 47.24.030 buildings damages 8.12.140 change of ownership, powers of court 8.12.170 commissioners to make assessment appointment and duties 8.12.240 community renewal 35.81.080 compensation determination 8.12.100 findings 8.12.190 interested party brought in 8.12.120 ordinance to specify means of payment 8.12.040 several interests, separate findings 8.12.150 subsequent compensation for property taken or damaged 8.12.540 title vests upon payment 8.12.210 continuances 8.12.160 hearing on assessment roll 8.12.320 costs 8.12.200 damages buildings 8.12.140 determination 8.12.100 findings 8.12.190 interested party brought in 8.12.120 ordinance to specify means of payment 8.12.040 several interests, separate findings 8.12.150 subsequent compensation for property taken or damaged 8.12.540 title vests upon payment 8.12.210 definitions 8.12.010, 8.12.020 discontinuance of proceedings 8.12.530 (2008 Ed.) CITIES AND TOWNS electrical energy facilities, limitation upon 35.84.030 findings 8.12.190 first class cities, general power 35.22.280 hearing, assessment roll 8.12.300 continuance 8.12.320 objections 8.12.330 service of process 8.12.310 housing authorities, power of 35.82.110 improvements advancement from general funds against assessment 8.12.250 payment by special assessment 8.12.230 payment from general fund 8.12.220 petition for assessment 8.12.240 indebtedness improvements, contracting for 8.12.250 interested party brought in 8.12.120 interpleader of adverse claimants 8.12.150 judgments and decrees 8.12.160, 8.12.200 assessment roll 8.12.350 jury separate juries 8.12.100 view of premises 8.12.130 waiver 8.12.090 lien of assessment enforcement 8.12.520 limited access streets, acquisition of land, by 47.52.050 lowlands, filling 35.55.040, 35.56.050 measure of damages buildings 8.12.140 metropolitan municipal corporations 35.58.320 military purposes 8.04.170, 8.04.180 notice assessments 8.12.380 hearing on assessment roll 8.12.300 petition for condemnation, service 8.12.070 objections hearing on assessment roll 8.12.330 ordinances 8.12.040 ownership, change of, powers of court 8.12.170 parkways, drives, and boulevards 35.21.190 payment assessments 8.12.370 award into court 8.12.200 improvements, advance from general funds against assessment 8.12.250 improvements, by special assessment 8.12.230 improvements, from general fund 8.12.220 title vests upon 8.12.210 petition for condemnation 8.12.050 contents 8.12.060 service when state, school, or county lands involved 8.12.080 summons and service 8.12.070 public passenger transportation services, metropolitan municipal corporations 35.58.250 public use, adjudication of 8.12.090 purposes 8.12.030 regrade assessments 8.12.550 second class cities 8.12.560, 35.23.311, 35.23.440 service petition for condemnation 8.12.070 state, school, or county lands involved 8.12.080 service of process hearing on assessment roll 8.12.310 several interests, separate findings 8.12.150 streets and alleys, for wharves and bridges for state highway purposes 47.24.030 title vests upon payment 8.12.210 towns 35.27.380 trial 8.12.100 new trial 8.12.160 verdict 8.12.160 (2008 Ed.) watershed property, city in adjoining state authorized to condemn 8.28.050 Employees adjustment of wages, effect on budget 35.33.107 administration, oversight, or supervision of city utility reimbursement by utility 35.33.123, 35.34.205 blind, hearing impaired persons, discrimination prohibited 70.84.080 direct deposit of salaries and wages 41.04.240 participation in state insurance program 41.04.205 payroll checks, drafts, or warrants city or town may cash, conditions 35.21.087 payroll deductions to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 Employees, See also CITIES AND TOWNS, subtitle Officers and employees Energy conservation program authorization, limitations 35.92.360 legislative finding 35.92.355 tree planting for energy conservation, municipal utilities to encourage 35.92.390 Energy facility site evaluation council, membership 80.50.030 Energy financing voter approval act cost-effectiveness priorities 80.52.080 definitions 80.52.030 election approval required bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 purpose 80.52.020 short title 80.52.010 Energy supply emergencies, alerts duties of local government 43.21G.050 Environmental excellence program agreements Ch. 43.21K Environmental permits land use petitions, judicial review Ch. 36.70C project review and permit procedures Ch. 36.70B Escalators local improvement, authority for 35.43.040 local improvement districts 35.43.110 Evergreen communities act Ch. 35.105 Execution of judgments against 6.17.080 Expositions, See WORLD FAIRS OR EXPOSITIONS Fairs, See WORLD FAIRS OR EXPOSITIONS Fandango houses second class cities 35.23.440 Federal grants and programs federal new markets tax credit program 35.21.735 statutes construed consistent with state constitution 35.21.757 transfer to public corporations authority 35.21.730, 35.21.735 corporate powers, governmental control 35.21.745 insolvency or dissolution 35.21.750 limitation on liability 35.21.730 tax exemption and immunity 35.21.755 territorial jurisdiction 35.21.740 Fees off-street parking facilities, maximum schedules 35.86.060 special permits for oversize or overweight movement, fees paid to cities and towns, when 46.44.096 Ferries authority to acquire and maintain 35.21.110 joint acquisition with counties 36.54.020 Field houses, local improvement, authority for 35.43.040 Finance committees, See CITIES AND TOWNS, subtitle Fiscal matters Financial institution license fees Ch. 82.14A Financial transactions, regulation of authority, limitations on 35.21.698 Financing procedures, validation Ch. 39.90 Fines payment into police relief and pension fund 41.20.130 superior court jurisdiction to determine legality of 2.08.010 supreme court jurisdiction to determine legality of 2.04.010 Fire departments, apparatus used beyond city limits 35.84.040 Fire departments, city definitions 35.103.020 evaluations and reports, annual 35.103.040 legislative intent 35.103.010 policy, service delivery 35.103.030 Fire hazards, overhanging or obstructing vegetation, debris, removal or destruction by owner 35.21.310 Fire hydrants water companies may be required to maintain 80.28.250 Fire limits, towns 35.27.400 Fire prevention auxiliary water systems, acquisition and regulation of 35.21.030 comprehensive plans for 35.63.090 first class cities, providing for 35.22.280 towns, provisions for 35.27.370 Fire prevention and emergency medical protection areas withdrawn from fire protection districts 52.08.035 Fire protection districts annexation by district annexations by city become part of district 52.04.091 annexation by newly incorporated city or town 35.02.202 annexation of a city or town transfer of employees 52.04.111, 52.04.121, 52.04.131 annexation of adjacent city or town procedure 52.04.061 annexation of newly incorporated city or town 35.02.202 annexation to by contiguous city or town election 52.04.071 tax levies, limitation 52.04.081 withdrawal, election 52.04.101 joint operation 52.08.035 withdrawal from, exceptions 52.08.025 withdrawal from annexation by newly incorporated city or town 52.04.161 Fire protection services, provision by contract to state-owned property 35.21.775 arbitration in the event of continued impasse between parties to contract negotiations 35.21.779 consolidation of contract negotiations with multiple state agencies 35.21.779 existing contracts not abrogated 35.21.778 notification to department of community, trade, and economic development and affected agencies of intent to enter into contract negotiations 35.21.779 Firearms preemption of local laws 9.41.290 exception 9.41.300 sales, authority to regulate areas where sales allowed 9.41.300 Firefighters civil service qualifications of applicants for positions 41.08.070 equipment, standardization Ch. 70.75 injuries sustained outside city limits 35.84.050 militia duty, exemption from 38.44.030 port district firefighters, transfer rights on annexation of district property 53.08.360 Fireworks permit for [RCW Index—page 89] CITIES AND TOWNS grant or denial 70.77.270 Fireworks, See also FIREWORKS First class cities under 300,000 budget provisions Ch. 35.33 employees, adjustment of wages, effect on budget 35.33.107 accident claims procedure 35.21.010, 35.21.020 advancement in classification 35.06.010 airports in unincorporated area, subject to county zoning and planning law 35.22.415 airspace, conveyance or lease of 35.22.302 annexation of federal areas 35.13.185 art museums acquisition and use 35.22.290 leasing of land for 35.22.300 auditoriums acquisition and use 35.22.290 leasing of land for 35.22.300 bond issues by proxy appointment of proxies 35.36.010 binding effect of proxy 35.36.010 coupons, facsimile signatures on 35.36.020 deputies, special appointment of 35.36.030 designation of number and manner of numbering, specification by authorized officers 35.36.040 liability of officers 35.36.050 notice to council 35.36.060 overprinting of same number, liability of printer, etc. 35.36.040 revocation of proxy 35.36.070 signatures, facsimile on coupons 35.36.020 bridges, elevated, authority to construct 35.85.010 bridges, viaducts, and tunnels, construction and repair 35.22.280 buildings, control over location and construction 35.22.280 cemeteries, regulation of 35.22.280 cesspools assessment for closing, lien on property 35.22.320 filling and closing 35.22.310 charter provisions 35.22.030, 35.22.050 amendment, petition, requisites 35.22.130 authentication of 35.22.110 election on 35.22.070 local improvements superseded 35.43.030 new or revised charter 35.22.140 publication of 35.22.170 publication of 35.22.060 charters amendment election 35.22.120 method for 35.22.280 petition, requisites 35.22.120, 35.22.130 submission by city council 35.22.130 authentication of, form 35.22.110 election on adoption of certification 35.22.100 conduct, laws regulating 35.22.080 first officers 35.22.070 form of ballot 35.22.090 notice 35.22.070 exercising powers, functions and duties in accordance with 35.22.020 framing for government 35.22.030 initial submission by freeholders 35.22.060 initiative and referendum provisions 35.22.200 judicial notice of 35.22.110 priority of 35.22.100 provisions on local improvements superseded 35.43.030 publication of 35.22.060 recording of 35.22.110 revision or reformulating conduct of election 35.22.180 election of new freeholders 35.22.140 election on adoption 35.22.160 priority over old 35.22.190 [RCW Index—page 90] publication 35.22.170 submission of new draft 35.22.150 child care facilities, review of need and demand for, implementation of findings 35.22.660 claims against 35.31.020 classification 35.01.010 council compensation 35.22.200, 35.22.205 hours 35.22.205 legislative power 35.22.200 manner of election 35.22.200 separate designation administrative department heads 35.22.210 repeal of, procedure 35.22.220 department for administration of property incident to civic center 35.22.305 discrimination, administrative and judicial remedies, authorized 49.60.330 disorderly persons, providing for punishment of 35.22.280 district court criminal cases agreement with county to handle 35.22.425 division of city, wards 35.22.370 elections general and special 35.22.280 electrical facilities and systems generating plants and facilities, authority to own and operate 35.92.052 eminent domain, general power 35.22.280 fire prevention, providing for 35.22.280 freeholders election of purposes 35.22.050 qualification 35.22.050 revision of charters 35.22.140 hospital, establishment and regulation 35.22.280 initiative, direct legislation, charter provision 35.22.200 intoxicating liquors, enforcement of state laws 35.22.280 law governing 35.22.010 libraries, establishment and maintenance 35.22.280 licensing power, generally 35.22.280 local improvement bonds voted by people, transfer of funds 35.22.590 deferral of collection of assessments for economically disadvantaged persons, authorized 35.43.250 special assessments 35.22.280 special fund for, prohibition 35.22.580 violation of law 35.22.600 local improvement bonds, collection of assessments 35.49.020 local improvement laws superseded 35.43.030 lowlands, local improvement Ch. 35.56 markets, regulating weights and measures 35.22.280 mayor compensation 35.22.200, 35.22.205 hours 35.22.205 legislative power 35.22.200 manner of election 35.22.200 mayor - council cities elections, seven council members 35.22.245 elections, twelve council members 35.22.235 moratoria and interim zoning controls limitations on, cities planning under authority of charter subject to 35.22.690 negotiable bonds, issuance, limitation 35.22.280 nuisances, abatement of 35.22.280 occupations, regulation of 35.22.280 off-street parking facilities, parking commission, authority 35.86A.020 ordinances, violations, providing for punishment 35.22.280 organization form, charter provisions, effect 35.22.030 parking, off-street facilities Ch. 35.86 parks, purchase of property for 35.22.280 parks and recreation, acquisition, exchange of land for park purposes 35.22.280 party walls and partition fences, regulation of 35.22.280 planning and zoning child care facilities, review of need and demand for, implementation of findings 35.22.660 planning regulations, copy to county assessor 35.22.695 police courts courts of limited jurisdiction 3.02.010 powers 35.22.280 legislative, where vested 35.22.200 omnibus grant 35.22.570 prostitutes, providing for punishment of 35.22.280 public health, preservation of 35.22.280 public health pooling fund Ch. 70.12 public lands, regulate control and use 35.22.280 public market, defined 35.22.280 public works contracts bid exemptions for electrical distribution systems 35.22.640 competitive bid requirements 35.22.620 electrical distribution systems exempt from competitive bid requirements 35.22.640 minority employment clause 35.22.650 performance-based contracts 35.22.620 recycled materials, preferential purchase of, authorization 35.22.620 small works roster 35.22.620 public works contracts for cost determination 35.22.630 railroad crossings, signals and devices, optional application 81.53.291 railroads, franchises to cross city streets, conditions for 35.22.340 railroads or street railroads, conditions for operation 35.22.280 real property, purchase, control and disposition of 35.22.280 referendum, direct legislation, charter provision 35.22.200 reform schools, establishment and maintenance 35.22.280 residential care facilities, review of need and demand for, implementation of findings 35.22.680 retirement and pensions, See RETIREMENT AND PENSIONS retirement systems, with definitions 41.28.010 eligibility 41.40.023 mandatory assignment of divided benefits 41.28.207 payment of benefits to spouse or ex-spouse pursuant to court decree of dissolution or legal separation 41.28.205 court order or court-approved property settlement 41.28.205 retirement for disability 41.28.150 retirement for service, optional allowances 41.28.170 roadways, elevated, authority to construct 35.85.010 sidewalks, construction and reconstruction Ch. 35.69 special fund, creation 35.22.580 streets and alleys change of grade, compensation to abutting owners 35.22.280 grades at high elevation, drainage impracticable on private abutting land, effect Ch. 35.73 lighting of 35.22.280 subways, authority to construct 35.85.050 (2008 Ed.) CITIES AND TOWNS taxes collection by county treasurer 36.29.100 levying and collecting 35.22.280 telegraph stations, maintenance with harbor department 35.22.330 tugs and wharf boats, regulation and control of 35.22.280 tunnels, authority to construct 35.85.050 utilities’ employees adjustment of contract, limitations 35.22.350 collective bargaining with 35.22.350 wage adjustments 35.22.360 vagrants, providing for punishment of 35.22.280 viaducts, authority to construct 35.85.010 vital statistics primary registration district 70.58.010 wards, division of city 35.22.370 waterways, regulation of 35.22.280 waterworks, providing for inhabitants 35.22.280 weights and measures, regulation of 35.22.280 wharfage and dockage, fixing rates 35.22.280 wharves, leasing of, limitation 35.22.410 zoning subject to limitations on moratoria and interim zoning controls 35.22.690 Fiscal agents, appointment 43.80.110 Fiscal biennium 1.16.020 Fiscal matters bond issues certification of fiscal agencies by state finance committee 43.80.120 issuance at greater interest rate than authorized, validation 39.90.050 bond issues, See also BOND ISSUES budgets consolidation including annexation of cities 35.10.315 budgets, See also CITIES AND TOWNS, subtitle Budgets cities and towns under 20,000 accounting systems 35.37.010 borrowing money, limitations upon 35.37.040 contracting indebtedness 35.37.040 excess indebtedness authority to contract 35.37.050 funds to be maintained 35.37.010 general indebtedness bonds failure to levy tax to pay principal and interest 35.37.120 issuance and sale 35.37.090 taxation to pay 35.37.110 negotiable bonds 35.37.040 public utilities, borrowing money for 35.37.030 surplus and deficit in utility accounts 35.37.020 cities of less than 75,000, depositaries treasurer, effect on bond 35.38.050 depositaries cities of less than 75,000 35.38.050 city officials interest in 35.38.050 fiscal agencies, definitions 43.80.100 fiscal agents registered bonds 43.80.125 fiscal agents, duties 43.80.130 indebtedness consolidation or annexation, ratification and funding after 35.40.030 election ratification and funding after consolidation or annexation 35.40.030 unclassified cities 35.30.040, 35.30.060 interest rate on debts, contracts and obligations, declared legal regardless of interest rate 39.90.060 investments approval of legislative authority required, exception 35.39.032 conversion into cash 35.39.032 excess and inactive funds 35.39.030 (2008 Ed.) limitations on, uses, validation 35.39.034 monthly report of investment official or committee to city legislative authority 35.39.032 pension funds 35.39.060 securities 35.39.070 municipal revenue bond act chapter designation 35.41.900 rates and charges 35.41.080 revenue bonds alternative method of issuance 35.41.100 authorization for 35.41.030 form, terms, etc. 35.41.030 sale of 35.41.060 revenue warrants alternative method of issuance 35.41.100 authorization for 35.41.050 sale of 35.41.060 special funds compelling city to pay into 35.41.070 creation of 35.41.010 suits against city 35.41.070 nonliability of treasurer for funds remitted to fiscal agencies for payment of bonds 43.80.150 off-street parking financing, generally 35.86A.080 fiscal authority, generally 35.86A.090 public depositaries bank’s contract as to interest 35.38.040 bonds or collateral, enumeration of 35.38.040 cities and towns 35.38.010, 35.38.040 collateral requirements 35.38.040 designation of 35.38.010 financial institution, defined 35.38.060 securities as collateral, enumeration of 35.38.040 segregation of assets 35.38.040 revenue bonds for water or sewerage system, pledge of utility local improvement district assessments 35.41.095 state funds, effect of consolidation or annexation of cities on right to receive 35.10.317 unredeemed bonds, refund of sums for by state fiscal agent 43.80.160 Fish enhancement projects liability 35.21.404 permit processing 35.63.230 Flood control comprehensive flood control management plan arbitration of disputed issues 86.12.210 local officials, participation of 86.12.210 management plans department of ecology authority 86.26.050 Flood control benefits, liability for 86.09.529 Flood control programs, authorized 86.16.160 Floodplain management ordinances and amendments authority to adopt requirements exceeding federal minimum 86.16.045 filing with department of ecology, approval, disapproval 86.16.041 livestock flood sanctuary areas required 86.16.190 Foreign trade zones authority to apply for permission to establish, operate and maintain 35.21.805 legislative finding and intent 35.21.800 Forest lands community and urban forestry Ch. 76.15 evergreen communities act Ch. 35.105 Forest practices classes of forest practices, applications 76.09.050 state preemption, exceptions 76.09.240 Fourth class cities area limitation on original incorporation 35.21.010 elections general municipal 35.27.090 officers 35.27.090 incorporation and annexation restrictions 35.21.010 officers, generally elections 35.27.090 terms of office 35.27.090 police department control and direction of 35.27.240 pursuit and arrest of violators beyond town limits 35.27.240 town marshal control of police department, authority and duty 35.27.240 pursuit and arrest of violators beyond town limits 35.27.240 Fourth class cities, See also CITIES AND TOWNS, subtitle Towns police department retirement and pensions, See RETIREMENT AND PENSIONS Franchises and privileges annexation, franchises in annexed area 35.13.280 bridges jointly owned or operated with state 47.44.040 commission government 35.17.220 electric franchises and rights of way on city streets 80.32.010 light, power, telephone, or gas distribution and service providers fees prohibited 35.21.860 second class cities 35.23.380 towns 35.27.330 Franchises on state highways franchise rights on limited access facility and when joint governmental facility 47.52.090 Freeholders, election of, submission of charter 35.22.060 what cities may frame Const. Art. 11 § 10 Freight mobility strategic investment program and board Ch. 47.06A Funds accident fund authorization for 35.31.050 surplus 35.31.070 tax levy for 35.31.060 warrants for judgment 35.31.050 allocation of state funds, population determination 35.13.260 bicycle road fund 35.75.050 cities and towns under 20,000 current expenses 35.37.010 indebtedness 35.37.010 public utility accounts authority for 35.37.010 surplus and deficit in 35.37.020 sinking 35.37.010 city property assessment redemption creation 35.44.130 payment of liens 35.49.060 transfer of funds 35.49.060 city street fund 35.02.140 established, use 47.24.040 illegal use of, procedure to correct 47.08.100 taxes collected in annexed territory 35.13.270 claims authority to create 35.21.085 transfer from insolvent funds 35.21.086 county road fund, purposes authorized for use 36.82.070 cumulative reserve annual levy for 35.21.080 application of budget law 35.21.080 authority to create 35.21.070 budget law 35.21.080 restrictions on spending 35.21.070 revenue stabilization fund 35.21.070 current expense sale of unclaimed property 63.32.030 surplus in accident claim fund 35.31.070 transfer of public utilities earnings 35.27.510 [RCW Index—page 91] CITIES AND TOWNS current operating, unexpended appropriation 35.33.151 district health fund 70.46.080 emergency 35.32A.060 employees’ pension investment of 35.39.060 securities 35.39.070 equipment rental administration 35.21.088 authority to create 35.21.088 credit for transfer of equipment, materials or supplies to 35.21.088 establishment of fund in street department or other department in certain cities 35.21.088 street department, acquisition by fund of equipment necessary for 35.21.088 transfer of equipment, materials or supplies to 35.21.088 general fund firemen’s relief and pension fund, payment of surplus to general fund 41.20.140 justice and inferior courts act of 1961, bail forfeitures paid into 3.30.090 policemen’s relief and pension fund, surplus paid into general fund 41.20.140 transfer to city property assessment redemption fund 35.49.060 guaranty for local improvements bondholders recourse to 35.45.080 creation 35.45.070 generally Ch. 35.54 installment notes 35.45.150 improvement district bonds for repayment of 35.45.155 legal aid, appropriation of funds for 2.50.125 local improvement district, refunds 35.45.090 local improvement fund, investment of 35.55.150, 35.56.160 local improvement guaranty fund 35.23.505 payrolls authority to create 35.21.085 transfer from insolvent funds 35.21.086 police pension fund, sale of unclaimed property 63.32.030 public health pooling fund, generally Ch. 70.12 public park property for use as municipally owned off-street parking facilities, creation of fund 35.41.010 public utilities, special fund for 35.92.100 publicity fund 35.23.470, 35.23.480, 35.23.490 revenue bond, sewerage systems 35.67.120, 35.67.130, 35.67.160 revenues of municipal facilities or utilities compelling city to pay into 35.41.070 creation of 35.41.010 revenue warrants paid from 35.41.050 sewer systems, unclassified cities, payment of costs 35.30.020 sidewalk construction 35.68.040 special, unexpended appropriation 35.33.151 special revolving fund for local improvements, delinquent nonguaranteed bonds and warrants 35.48.010, 35.48.040 statewide city employees’ retirement fund 41.44.100 street county road and bridge violations, fines paid into 36.82.210 directional signs, paid from 47.36.040 water redemption 35.89.040, 35.89.050, 35.89.060 Gambling ordinances, adoption of state law 9.46.192 jurisdiction of courts 9.46.193 second class cities, control of 35.23.440 towns, control of 35.27.370 Gambling, See also GAMBLING Garbage collection and disposal systems combined sewer, water, and garbage systems [RCW Index—page 92] authority 35.67.331 statutes to govern 35.67.340 contracts for solid waste handling 35.21.120 handling facilities, permit requirements 70.95.170, 70.95.180 sewerage system, refuse collection and disposal part of 35.67.190 waste disposal facilities, bond issue Ch. 43.99F waste disposal facilities bond issue Ch. 43.83A Garbage, See also SOLID WASTE MANAGEMENT collection and disposal systems, See also CITIES AND TOWNS, subtitle Public utilities Garbage disposal, See SEWER DISTRICTS Garnishment enforcement against 6.27.040 subject to, when 6.27.040 Golf courses, power to acquire, compensation for use 35.21.020 Ground water comprehensive plan, land use element 35.63.090 Gutters, See also CITIES AND TOWNS, subtitle Streets and alleys Gymnasiums, local improvement, authority for 35.43.040 Harbor area leaseholds, assessments 35.44.150 lying in two or more counties, transfer of territory Ch. 36.08 Hazardous conditions, removal or destruction by owner, enforcement procedure 35.21.310 Hazardous materials incidents definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 incident command agencies assistance from state patrol 70.136.035 designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 Hazardous materials response teams fire protection districts may participate 52.12.140 Hazardous waste management conflict related to site, department to assist in resolution 70.105.260 local government authority to prohibit or condition acceptance 70.105.217 local governments coordination with private facilities 70.105.220 grants available 70.105.235 pollution control hearings board to hear disputes 70.105.250 preparation of local plans 70.105.220 technical assistance from department 70.105.255 local governments to designate zones 70.105.225, 70.105.230 plan preparation requirements contingent on funding 70.105.270 state preemption 70.105.240 Hazardous waste plan used oil recycling element guidelines 70.95I.030 requirement 70.105.221 requirements 70.95I.020 waiver 70.95I.030 Health and safety filling lowlands Ch. 35.55, Ch. 35.56 first class cities, preservation of 35.22.280 second class cities 35.23.440 towns 35.27.370 unfit dwellings, permissible ordinances 35.80.030 urban renewal Ch. 35.81 water pollution, generally Ch. 35.88 Health benefit programs, procurement by state department of general administration 41.04.220 Health departments child mortality review employee immunity and records confidentiality 70.05.170 combination with counties civil service, retirement plans, membership eligibility 70.08.070 contracts with other agencies 70.08.090 director of public health acting for other cities and towns 70.08.050 appointment 70.08.040 powers and duties 70.08.020 qualifications 70.08.030 registrar of vital statistics 70.08.060 employees, generally 70.08.070 health, department of assumption of powers and duties of department of social and health services under chapter 70.08.005 pooling of funds 70.08.080 prior expenditures 70.08.110 severability, 1980 act 70.08.900 termination of agreement 70.08.100 contaminated properties decontamination, disposal, or demolition of 64.44.070 decontamination by owner 64.44.050 definitions 64.44.010 evaluation/inspection of projects 64.44.075 immunity from civil liability 64.44.080 local health officer, duties 64.44.020 report to local health officer 64.44.020 unfit for use order, issuance procedure 64.44.030 county public health account, distribution 70.05.125 funds, public health pooling fund Ch. 70.12 personnel system separate from main system 70.08.070 public health pooling fund audit and check by state 70.12.070 authorized 70.12.030 expenditures 70.12.050 geared to budget 70.12.060 how maintained and disbursed 70.12.040 septic systems moratorium adoption, procedures and limitations 70.05.160 sewer hookups moratorium adoption, procedures and limitations 70.05.160 tuberculosis control Ch. 70.28 tuberculosis hospitals, facilities, and funding Ch. 70.30 water hookups moratorium adoption, procedures and limitations 70.05.160 Health districts fees for licenses or permits 70.46.120 Health sciences and services authorities Ch. 35.104 Hearing examiner system land use changes, authority 35.63.130 Heating systems, See HEATING SYSTEMS Highway access management program access permits conditions may be imposed on permit 47.50.070 existing connections, when permit not required 47.50.080 modification or revocation of permit 47.50.080 nonconforming access permit, conditions justifying 47.50.080 required to make connection to highway 47.50.040 (2008 Ed.) CITIES AND TOWNS connections to state highway system regulation of 47.50.030 definitions 47.50.020 legislative findings and policy 47.50.010 Highway advertising control act Ch. 47.42 Highways limited access facilities return of street to city or town 47.24.010 limited access facilities, See also HIGHWAYS, subtitle Limited access facilities reserved lanes, exclusive use by public transportation vehicles and car pools 46.61.165 signs or banners over 47.36.030 vehicle weight, size limitation 46.44.080 Historic preservation authority 35.21.395 Historical materials, expenditure of funds for preservation and exhibition of authorized 27.48.010 Historical sites special review districts tax immunity or exemption, conditions 35.21.755 Hitchhiking, local regulation allowed to control prostitution 46.61.255 Holding facilities, authority to build and maintain 70.48.190 Holidays 1.16.050 Horticultural pests and diseases duty to disinfect or destroy when on public property 15.08.230 Hospitals first class cities, establishment and regulation of 35.22.280 joint operation with other counties 36.62.030 second class cities 35.23.440 Hostels 79A.05.265, 79A.05.270, 79A.05.275, 79A.05.280 Hotel-motel tax limitation on imposition and use 67.40.100 House numbers, second class cities 35.23.440 Housing, See CITIES AND TOWNS, subtitle Affordable housing; CITIES AND TOWNS, subtitle Buildings; CITIES AND TOWNS, subtitle Housing authorities; CITIES AND TOWNS; subtitle Housing cooperation law; CITIES AND TOWNS, subtitle Urban renewal Housing authorities 35.82.076 bond issues certification by attorney general 35.82.160 covenants and pledges 35.82.150 form and sale 35.82.140 issuance authority 35.82.130 obligee’s remedies 35.82.170, 35.82.180 power in regard to 35.82.150 commissioners appointment and powers 35.82.040, 35.82.045 conflicts of interest 35.82.050 removal 35.82.060 cooperation by cities Ch. 35.83 cooperation with other authorities 35.82.100 declaration of necessity 35.82.010 definitions 35.82.020 eminent domain 35.82.110 farms and farmers, low income definitions 35.82.260 housing application by farmers 35.82.250 rural housing projects 35.82.240 federal government aid, authority to receive 35.82.200 findings 35.82.010 housing authority creation by city resolution 35.82.030 planning, zoning, and building laws, housing projects subject to 35.82.120 powers enumerated 35.82.070 previously incarcerated persons, policies 35.82.340 property exemptions (2008 Ed.) levy and sale by execution 35.82.190 rentals and tenant selection 35.82.090 rents and profits, policy statement 35.82.080 reports 35.82.230 supplemental projects 35.82.280 assessments and taxation 35.82.210 Housing cooperation law advances to housing authorities 35.83.050 declaration of necessity 35.83.010 definitions 35.83.020 findings 35.83.010 how accomplished, generally 35.83.030 procedure, resolutions of legislative body 35.83.060 taxation of housing authorities, payments in lieu of 35.83.040 Hydroelectric generation development separate legal authority acquisition of facilities, procedures 87.03.831 cooperative development 87.03.825 indebtedness, repayment of 87.03.837 law supplemental, when 87.03.840 membership, procedures 87.03.831 ratification and approval of actions 87.03.834 Hydroelectric reservoir extending into British Columbia commission, powers 35.21.418 watershed agreement 35.21.417 Hydroplane races admission fees, charging of, authorized 35.21.810 public purpose declaration 35.21.815 Impact fees, See LAND DEVELOPMENT, subtitle Impact fees Impaired clearance signs, where maintained in 46.44.020 Impounding motor vehicles local ordinances 46.55.240 Income tax on net income prohibited 36.65.030 Incorporation annexation, effect on proposed incorporation 35.02.155 boundaries use of right of way lines of streets, roads, highways 35.02.170 use of streets, roads, highways right of way lines 35.02.170 boundaries, establishment and limitations 35.02.070 boundary review board hearing 35.02.015 boundary review board review 35.02.001 cancellation, acquisition, of franchise or permit for operation of public service business in territory incorporated 35.02.160 county auditor’s duties 35.02.017 county sheriff’s employees, transfer of civil service commission rules 35.13.390 conditions and limitations 35.13.380 notification of right to transfer, time frame for request 35.13.400 purpose 35.13.360 when authorized 35.13.370 elections 35.02.078, 35.02.086, 35.02.090, 35.02.100, 35.02.110, 35.02.120 exemption from State Environmental Policy Act 36.93.170 fire protection districts, effect upon 52.08.035 first class cities, See CITIES AND TOWNS, subtitle First class cities fourth class cities, area limitation on original incorporation 35.21.010 general laws, must be under Const. Art. 11 § 10 incorporation of territory in county with boundary review board 36.93.153 notice to county 35.02.015 order declaring, filing with secretary of state 35.02.120 petition 35.02.020, 35.02.030, 35.02.035, 35.02.037 population requirements 35.02.010 public hearing 35.02.039, 35.02.040, 35.02.070 purpose of statute 35.02.005 roads, county, revert to city or town 35.02.180 sewerage, water and drainage systems, transfer of system 36.94.180 withdrawal or substitution 35.02.150 Incorporation proposals cities of seven thousand five hundred or more population restrictions on authority of boundary review board to modify 36.93.150 Indebtedness bankruptcy readjustment and relief from debts Ch. 39.64 cities and towns under 20,000 35.37.040 community center development for multipurpose community centers 35.59.040 consolidation including annexation of cities, effect upon indebtedness 35.10.331 exceeding limitations upon for water, light and sewer purposes Const. Art. 8 § 6 leases with or without option to purchase option to purchase, submission to electorate if indebtedness limitation exceeded 35.42.210 submission to voters if indebtedness limitation exceeded 35.42.200 limitations Ch. 39.36 limitations upon Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 metropolitan park districts 35.61.100, 35.61.110 multi-purpose community centers 35.59.040 public utilities borrow on revenues 35.92.075 public utility acquisition authority for 35.92.070 limitations 35.92.090 refunding bonds not to exceed debt limitations 39.52.020 sewerage systems Ch. 35.67 unclassified cities 35.30.040, 35.30.060 Industrial development projects nonrecourse revenue bonds or obligations, authorized Const. Art. 32 § 1 Industrial development revenue bonds Ch. 39.84 Industrial insurance, See INDUSTRIAL INSURANCE Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Initiatives commission form of government, petitions 35.17.260, 35.17.270, 35.17.280, 35.17.290, 35.17.300, 35.17.310, 35.17.330, 35.17.340, 35.17.350, 35.17.360 first class cities 35.22.200 Insurance employees, participation in state insurance program 41.04.205 health care retirees and disabled 41.04.208, 41.04.212 liability, purchase for officers and employees 36.16.138 risk management division, procurement 43.41.320 risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Insurance, See also INSURANCE group disability insurance, see INSURANCE, subtitle Group disability insurance Insurance companies, excise or privilege taxes, state preemption 48.14.020 Interception of communications enforcement, local government reimbursement 4.92.280 Intercounty incorporation county officers collection of money 35.02.240 [RCW Index—page 93] CITIES AND TOWNS costs borne proportionately 35.02.230, 35.02.240 powers and duties after incorporation 35.02.230, 35.02.240 dealings with federal government real or personal property transactions 35.02.250 utility service contracts 35.02.250 Interest, improvement bonds, payment from general revenues, procedure 35.45.065 Interest and debt redemption, See CITIES AND TOWNS, subtitle Budgets Interlocal cooperation, See INTERLOCAL COOPERATION Investments authorized types of 36.29.020 limitations on, uses, validation 35.39.034 local improvement fund 35.55.150, 35.56.160 local improvement installment notes, local improvement bonds for repayment of 35.45.150 metropolitan municipal corporation obligations 35.58.510 public pension and retirement funds, authorized investments Const. Art. 29 § 1 Investments, See also CITIES AND TOWNS, subtitle Fiscal matters Involuntary dissolution authorization 35.07.230 hearing 35.07.240, 35.07.250 order for disincorporation 35.07.250, 35.07.260 Irrigation districts, property owned by, condemnation 35.92.190 Island counties, cities and towns within, refund to of motor vehicle license fees and fuel tax 46.68.080 Jails authority to build and maintain 70.48.190 booking and reporting, electronic statewide system and standards committee 36.28A.040, 36.28A.050 booking fee 70.48.390 camps, authorized 70.48.210 city and county jails act Ch. 70.48 contracts for incarceration unaffected by financial responsibility law 70.48.460 farms, authorized 70.48.210 financial responsibility 70.48.400, 70.48.410, 70.48.420, 70.48.430, 70.48.440 improvement and construction bond issue administered by state jail commission 70.48.280 legal investment for public funds 70.48.320 principal, interest payment, source 70.48.310 proceeds, deposit, use 70.48.270 bond issue, 1981 authorized, amount, uses 70.48A.020 interest, principal payment 70.48A.070 legal investment for public funds 70.48A.080 legislative declaration 70.48A.010 legislative intent 70.48A.090 proceeds administration by jail commission 70.48A.040 deposit, use 70.48A.030 sale price 70.48A.050 state’s full faith and credit pledge 70.48A.060 persons under arrest 35.66.050 prisoners authorized 70.48.220 confinement in jail of 70.48.220 contracting authority 70.48.220 felons, state institution, transfer to, required 70.48.240 financial responsibility 70.48.240 mental health review, release of offender subject to 70.48.475 [RCW Index—page 94] temporary confinement, authorized 70.48.230 transportation expenses, financial responsibility for 70.48.230 regional jails 70.48.095 special detention facilities authorized 70.48.210 fees for cost of housing 70.48.380 women prisoners 35.66.050 work release programs, authorized 70.48.210 working of prisoners permitted 9.92.130 Jails, See also JAILS Joint city-county housing authorities, See JOINT CITY-COUNTY HOUSING AUTHORITIES Judgments, execution against 6.17.080 Judicial officers, inferior, powers 2.28.090 Justices of the peace, See JUSTICES OF THE PEACE Lake or beach management districts authorized 35.21.403 Lakes adjacent to calculation of area of for determining area of city or town 35.21.160 powers and jurisdiction extended 35.21.160 Land use appearance of fairness doctrine Ch. 42.36 comprehensive plans for 35.63.090 petitions, judicial review Ch. 36.70C project review and permit procedures Ch. 36.70B real property damage due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 street improvement is prerequisite to development may contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Lands, See CITIES AND TOWNS, subtitle Property Law enforcement communications network, participation 43.89.030 Leases and leasing, off-street parking facilities 35.86A.120 Leases with or without option to purchase authorized 35.42.200 bids, when required 35.42.220 budget to provide for payment of rentals 35.42.220 exercise of option to purchase, when election required 35.42.210 indebtedness limitation not to be exceeded 35.42.200 joint execution authorized 35.42.200 option to purchase exercise of option 35.42.210 submission to voters if indebtedness limitation exceeded 35.42.210 submission to voters if indebtedness exceeded 35.42.200 Leasing of space with option to purchase authority to lease 35.42.030 building, defined 35.42.020 city buildings, lease back by city 35.42.070 city lands, leasing for building purposes 35.42.070 credits toward purchase price 35.42.040 execution of lease prior to construction 35.42.060 lease and lease back agreements, bids 35.42.080 option to renew 35.42.040 purpose of special chapter 35.42.010 tax exemption 35.42.090 taxes, insurance, repairs, and improvements, city assumption of responsibility 35.42.050 Legal debt limitations, See INDEBTEDNESS Legal interns, city attorney, employment of 35.21.760 Legal publications official newspaper to be designated 35.21.875 Levees, authority to construct 35.21.090 Liabilities, local improvement bonds 35.45.070 Liability for tortious conduct of officers, employees, and volunteers 4.96.010 Liability insurance offenders performing community restitution 35.21.209 Liability of officials, members, immunity 4.24.470 Libraries conditional sales contracts by cities and towns for purchase of property for libraries authorized, vote required if exceeds indebtedness 39.30.010 first class cities, establishment and maintenance of 35.22.280 Libraries, establishment and operation Ch. 27.12 Licenses bicycles, use of 35.75.030 drawbridges operated as toll bridges 35.74.060, 35.74.070 farmers, exemption, exceptions 36.71.090 financial institutions Ch. 82.14A first class cities, powers 35.22.280 gardeners, exemption 36.71.090 license fees certain business activities, uniform rate, maximum rate established 35.21.710 voter approval for excess 35.21.711 telephone business 35.21.712 network telephone service 35.21.714 toll telephone service, intrastate, taxable amount 35.21.714 logging trucks, special permits for 46.44.047 produce stands, exemption 36.71.090 second class cities 35.23.440 towns, general power 35.27.370 truck farmers, exemption 36.71.090 unclassified cities, general powers 35.30.010 Limitation of actions application of statute of limitations to actions by 4.16.160 sewerage system liens 35.67.230 Limitation of actions, See also CITIES AND TOWNS, subtitle Claims Limited access highway facilities through cities and towns, See HIGHWAYS, subtitle Limited access facilities Limits, See CITIES AND TOWNS, subtitle City limits Liquor enforcement of state laws 35.22.280 Liquor, See CITIES AND TOWNS, subtitle Alcoholic beverages Liquor revolving fund, distribution 66.08.210 Litter receptacle placement 70.93.090 Local government management of program delegated by state final report or study, prerelease copy to local government 43.17.370 Local government service agreements for services and facilities Ch. 36.115 Local health departments administrative officer appointment 70.05.040 responsibilities 70.05.045, 70.05.060, 70.05.070, 70.05.120 biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 residential sharps waste disposal 70.95K.030 state preemption of local definitions 70.95K.011 treatment technologies evaluation 70.95K.020 chair of local board 70.05.040 child mortality review employee immunity and records confidentiality 70.05.170 combination with counties authorized 70.08.010 contagious diseases, reports 70.05.110 (2008 Ed.) CITIES AND TOWNS contracts for sale or purchase of health services 70.05.150 definitions 70.05.010 diseases, reports of 70.05.090, 70.05.100, 70.05.110 expenses of enforcement and administration 70.05.130 jurisdiction of local boards 70.05.030 local health officer appointment, qualifications, term, salary and expenses 70.05.050 contagious diseases, report of by 70.05.110 failure of local board to appoint, procedure 70.05.080 in-service orientation training program for provisionally qualified officers 70.05.054 powers and duties 70.05.070 professional qualifications 70.05.051 provisionally qualified officers annual interview 70.05.055 raising to full qualification 70.05.055 training program, contents, procedures 70.05.054 physicians and surgeons contagious diseases, report 70.05.110 diseases, report of 70.05.090 who determines character of diseases 70.05.100 powers and duties of local board 70.05.060 septic systems moratorium adoption, procedures and limitations 70.05.160 sewage sludge permit issuance and enforcement authority 70.95J.080 permit review 70.95J.090 sewer hookups moratorium adoption, procedures and limitations 70.05.160 solid waste management, adoption of rules and regulations governing, requirement, filing with department of ecology 70.95.160 solid waste management, contracts with department of ecology authorized 70.95.163 vacancies on board 70.05.040 violations, penalties, remedies 70.05.120 water hookups moratorium adoption, procedures and limitations 70.05.160 Local improvement general fund to local improvement fund, transfer 35.45.180 Local improvement districts assessments alternate method of computation 35.44.047 delinquent, interest for 35.49.030 interest for 35.49.030 first class cities, deferral of collection from economically disadvantaged persons authorized 35.43.250 publication of notices 35.49.010 segregation upon division of land 35.44.410 special assessments of irrigation and rehabilitation districts as inferior to 87.84.071 classification of property, supplemental authority Ch. 35.51 consolidated local improvement districts authorized 35.45.160 purpose 35.45.160 districts lying outside city or town, formation authorized 35.43.030 existing districts, irrigation and domestic water supply purposes, validated 35.92.265 initiation of proceedings initiation by petition of district lying outside city or town, legislative authority may deny petition 35.43.075 petition, requirements 35.43.120 protest of proceedings 35.43.180 (2008 Ed.) restraints on proceedings, protest filing 35.43.180 joint planning, construction, and operation of improvements authority 35.51.020 joint planning and construction of improvement, supplemental authority Ch. 35.51 local improvement districts composed of adjacent unincorporated territory authorized 35.43.030 local improvement districts outside city or town, divestment of jurisdiction 35.43.180 procedure for cancellation of nonguaranteed bonds actions under unaffected by other laws 35.47.040 cancellation procedure where no money in local improvement fund 35.47.030 declaration of obsolescence and cancellation, when 35.47.020 distribution of moneys to holders of bonds and warrants, notice, time limitation, abandonment and transfer to general fund 35.47.010 protest to local improvements, procedure 35.43.180 refunding bonds, limitations 35.45.170 reserve funds, supplemental authority Ch. 35.51 service fees for sewers not constructed within 10 years of voter approval, credit against future assessments, service charges 35.43.260 sewers not constructed within ten years of voter approval, service fees to be credited against future assessments, service charges 35.43.260 underground electric and communication facilities 35.96.030 water rights acquisition 35.92.220 existing districts validated, debts, assessments, etc., declared valid 35.92.265 mode of assessment 35.92.260 special assessments 35.92.230 Local improvement guaranty fund transfers to general fund 35.54.095 Local improvements assessment rolls 35.44.070, 35.44.080, 35.44.090, 35.44.100, 35.44.110, 35.44.120 electrified public streetcar lines 35.43.040 lowlands, filling by second class cities Ch. 35.55 resolutions, publication and hearing 35.43.140, 35.43.150 tax liens, protection of assessment lien 35.49.130 Local improvements and assessments, See also LOCAL IMPROVEMENTS AND ASSESSMENTS Local sales and use tax Ch. 82.14 Logging trucks, special permits for 46.44.047 Long-term care ombudsman program municipal authority 36.39.060 Lost and found property disposition procedure 63.21.060 duties 63.21.060 Low income areas, See CITIES AND TOWNS, subtitle Buildings; CITIES AND TOWNS, subtitle Housing authorities law; CITIES AND TOWNS, subtitle Housing cooperation law; CITIES AND TOWNS, subtitle Unfit dwellings; CITIES AND TOWNS, subtitle Urban renewal Low-income housing loans and grants 35.21.685 Magistrates, municipal court judges as 35.20.020 Main street program generally Ch. 43.360 Manufactured housing housing communities, elimination 35.63.161 moving or installation in mobile home park, permit 35.21.897 placement or use of homes 35.21.684 regulations, definitions 35.63.160 Markets and marketing acquisition and operation of markets 35.92.040 first class cities, regulating weights and measures 35.22.280 second class cities, regulation of 35.23.440 Marshals eligibility criteria 35.21.333, 35.21.334 vacancies 35.21.335 Mass public transportation systems, construction, facilities, vehicles, not "sale" for purposes of taxation lease of, to political subdivision or municipal corporation, authorized 39.33.050 Massage practitioners licenses 35.21.692 Mayor agent to receive summons 4.28.080 commission form of government Ch. 35.17 council-manager plan 35.18.190, 35.18.200, 35.18.210 first class cities, See CITIES AND TOWNS, subtitle First class cities municipal court judges, appointment of 35.20.190 police relief and pension board of trustees, member of 41.20.010 pro tempore, council-manager plan 35.18.210 prohibited acts 42.23.070 public works contractor’s bond, liability for mayor’s failure to take 39.08.015 second class cities, See CITIES AND TOWNS, subtitle Second class cities state limited access facility through city or town, board of review to review plan, mayor to appoint members of 47.52.150 towns, See CITIES AND TOWNS, subtitle Towns vacancy in nonpartisan governing body filling of vacancy 42.12.070 Meeting agendas public notice requirements 35.22.288 Mental illness, See MENTAL ILLNESS Metals mining and milling operations, regulation Ch. 78.56 Metropolitan municipal corporations public transportation systems feasibility study, financial support 35.58.2712 financing, definitions 35.95.020 Metropolitan municipal corporations, See also METROPOLITAN MUNICIPAL CORPORATIONS Metropolitan park district fund 35.61.210 Metropolitan park districts creation and operation Ch. 35.61 Militia enrollment duty of civil officers to make records available to enrolling officer 38.44.060 Mobile home parks charges for unused sewer service 35.67.370 septic systems, replacement 35.67.370 Mobile homes moving or installation in mobile home park, permit 35.21.897 Moneys borrowing, cities and towns under 20,000 35.37.040 towns, collection or receipt by officers 35.27.210 Moratoria and interim zoning controls first class cities planning under charter subject to limitations on 35.22.690 limit placed on period for which moratorium or control adopted may be effective 35.63.200 public hearing required after adoption if not held before adoption 35.63.200 [RCW Index—page 95] CITIES AND TOWNS Mosquito control, generally 70.22.030, 70.22.040, 70.22.060 Mosquito control districts, annexation of territory 17.28.320 Motor vehicle excise tax distribution Ch. 82.44 Motor vehicle fund allocation of proceeds 46.68.110 preservation rating 46.68.113 Motor vehicle inspection by Ch. 46.32 Motor vehicle wreckers’ regulation 46.80.160 Motor vehicles for hire vehicles, local licensing and regulation 46.72.160, 46.72.170 special permits for oversize or overweight movement, fees paid to cities and towns, when 46.44.096 Mt. St. Helens recovery, scope authorized 36.01.150 Multi-family and mixed-use projects assessment exemption period for new projects 35.87A.170 definitions 35.87A.020 hearing, notice 35.87A.050 hearings 35.87A.060 initiation petition or resolution 35.87A.030 ordinance to establish, contents and adoption 35.87A.100 purposes 35.87A.010 special assessments 35.87A.080, 35.87A.090, 35.87A.140 Multi-purpose community centers acquisition 35.59.030 appropriations 35.59.060 authority, purposes for which authority granted may be exercised 35.59.020 community center development, conveyance or lease of lands or facilities to other municipality for 35.59.040 condemnation, powers of 35.59.050 construction 35.59.030 contract, use or operation of facilities 35.59.080 conveyance of lands or facilities to other municipality for community center development 35.59.040 definitions 35.59.010 expenditures of public moneys 35.59.060 financing, participation in by more than one municipality 35.59.040 fiscal matters general obligation bonds, issuance of authorized 35.59.060 procedure 35.59.060 revenue bonds 35.59.070 income, from lease or contract for use or operation of facilities pledged for redemption of general obligation and/or revenue bonds 35.59.080 indebtedness, participation in financing 35.59.040 lease lands or facilities to other municipality for community center development 35.59.040 use or operation of facilities 35.59.080 legislative finding, prerequisite 35.59.020 operation 35.59.030 operation of facilities, lease or contract for 35.59.080 participation in financing 35.59.040 powers and authority, additional and supplemental 35.59.110 powers and duties authorized 35.59.010 prior proceedings validated and ratified 35.59.100 purposes for which authority granted may be exercised 35.59.020 real property conveyance to other municipality for community center development 35.59.040 [RCW Index—page 96] lease of lands or facilities to other municipality for community center development 35.59.040 revenue bonds 35.59.070 validation and ratification of prior proceedings 35.59.100 Municipal business and occupation tax Ch. 35.102 Municipal corporations, See MUNICIPAL CORPORATIONS Municipal courts additional judges appointment of 35.20.190 office space and personnel 35.20.190 salaries 35.20.190 appeals, generally 35.20.250 appeals from Const. Art. 4 § 6 bailiffs appointment and compensation 35.20.230 chief clerk appointment by judges 35.20.210 bond 35.20.210 oath 35.20.210 powers and duties 35.20.220 supervised by court administrator 35.20.220 city trial court improvement account 35.20.280 clerks appointment by judges 35.20.210 bonds 35.20.210 powers 35.20.210 commissioners appointment and powers 35.20.155 concurrent jurisdiction justices of the peace 35.20.250 superior court 35.20.250 costs 35.20.030 court administrator appointment 35.20.105 powers and duties 35.20.105 salary 35.20.105 supervision of chief clerk 35.20.220 traffic violations bureau, supervision of 35.20.105 criminal cases agreement with county to handle 3.50.800, 3.50.805 criminal cases, agreement with county to handle 35.23.555 deferred sentence, term, authority of judge to issue 35.20.255 director of probation services appointment and compensation 35.20.230 district judge limitation of jurisdiction, effect as 35.20.910 establishment of 35.20.010 expenses when borne by city 35.20.120 when borne by county 35.20.120 fines, penalties, forfeiture, payment to, when 35.20.250 fines and moneys, portion deposited in public safety and education account, interest 35.20.220 hearing examiner, office of created 35.20.205 judicial officers, assignment 35.20.205 judges additional, appointment by mayor 35.20.190 bond 35.20.180 candidates, majority of votes in primary, effect 35.20.150 election of 35.20.150 filling of municipal department positions by election, when required 3.50.055 monthly meetings 35.20.140 oath 35.20.180 practice of law 35.20.170 pro tempore 35.20.200 qualifications 35.20.170 residency requirement for municipal department judges 3.50.057 rules and regulations, adoption of 35.20.140 salaries 35.20.160 terms of office 35.20.150 vacancies 35.20.150 judges as magistrates 35.20.020 Judicial officers disqualification 35.20.175 judicial officers duties and responsibilities 35.20.205 hearing of contested matters 35.20.205 pro tempore judges, appointment as 35.20.205 traffic infractions 35.20.205 jurisdiction 35.20.030 certiorari 7.16.040 mandamus, jurisdiction to issue 7.16.160 motor vehicle law, concurrent jurisdiction 46.08.190 writ of prohibition, jurisdiction prohibited 7.16.300 jurisdiction and venue 35.20.100 jury trial compensation of jurors 35.20.090 criminal cases exceptions for 35.20.090 right to jury 35.20.090 number of jurors 35.20.090 justices of the peace concurrent jurisdiction 35.20.250 jurisdiction, infringement upon 35.20.190 legislature may provide Const. Art. 4 § 1 night court department 35.20.020 police courts, limitation on 35.20.260 population requirements 35.20.010 powers of 35.20.010 presiding judge, selection, responsibility 35.20.100 probation, maximum term 35.20.255 probation officer appointment and compensation 35.20.230 process, extent of 35.20.110 punishment, limitation on imposition 35.20.030 review of proceedings 35.20.030 rules and regulations, adoption by judges 35.20.140 seal of 35.20.110 sentences, authority of judge 35.20.255 sessions, regular and special 35.20.020 subpoena power 35.20.260 supervised by court administrator 35.20.131 suspended sentence, term, authority of court to issue 35.20.255 suspended sentence, transfer to another state 35.20.255 termination 3.50.805, 3.50.810 agreement with county to handle criminal cases, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 traffic cases, traffic violations bureau 35.20.131 traffic infractions appeals, procedure 35.20.030 no jury trial 35.20.090 traffic school for offenders, court may compel attendance 46.83.050 traffic violations bureau creation 35.20.131 director bond 35.20.131 salary 35.20.131 appointment 35.20.131 warrant officers authority 35.20.270 costs when process served or defendant arrested outside city 35.20.270 creation 35.20.270 criminal and civil process, service of 35.20.270 execution 35.20.270 jurisdiction 35.20.270 witnesses fees 35.20.260 Municipal courts, See also JUSTICE AND INFERIOR COURTS ACT OF 1961 (2008 Ed.) CITIES AND TOWNS Municipal obligations mutual savings banks, authorized investment for 32.20.090 Municipal research council local government regulation and policy handouts, technical assistance 43.101.040, 43.110.040 ordinances, information pooling 35.21.185 powers and duties 43.110.010 research and services, enumerated 43.110.030 Municipal utilities, See CITIES AND TOWNS, subtitle Utilities Museums authority for local improvement 35.43.040 Name of change of authority for 35.62.010 certification 35.62.060 election ballot, more than one name proposed 35.62.041 ballot, one name proposed 35.62.031 petition or resolution to initiate 35.62.021 National historic towns, designation 36.70A.520 Navigable water, adjacent to, powers and jurisdiction extended 35.21.160 Negligence claims, See CITIES AND TOWNS, subtitle Accident claims Negotiable bonds cities and towns under 20,000 35.37.040 Negotiable bonds, See also CITIES AND TOWNS, subtitle Bond issues Neighborhood self-help projects contracts with community service organizations 35.21.278 Newly incorporated borrowing money 35.02.135 budgets 35.02.132 continuation of special districts at option of city or town 35.02.210 county may contract for essential services 35.02.225 county to provide special districts services 35.02.220 date effective 35.02.130 delete county to provide road and law enforcement services 35.02.220 department of community, trade, and economic development, duty to assist during interim 35.02.260 development permits and approvals, moratoria 35.02.137 election of council members or commissioners 35.02.139 fire protection district, continuation of services at option of city or town 35.02.210 fire protection district annexation, delay of transfer 35.02.202 interim governance 35.02.130 liability for costs of elections 35.02.125 library district, continuation of services at option of city or town 35.02.210 local governments and state agencies, duty to assist during interim 35.02.270 powers during interim period 35.02.130 Newspaper, official newspaper to be designated 35.21.875 Newspaper carriers under eighteen years of age, licensing prohibited 35.21.696 Newspapers, towns, official designation 35.27.350 Night courts, department of municipal courts 35.20.020 Noncharter cities and towns filing of claims against, procedure 35.31.040 Noncharter code cities cities reorganized as noncharter code city mayor, duties 35.23.810 cities retaining second class city plan council 35.23.840, 35.23.845 elections 35.23.805 health officer 35.23.820 officers, appointive 35.23.815, 35.23.830 (2008 Ed.) officers, elective 35.23.800 officers, generally 35.23.835 street commissioner 35.23.825 wards, division into 35.23.850 Notice boundary review board 36.93.090 final budget in cities and towns under 300,000, meeting to adopt 35.33.061 off-street parking facilities, call for bids for operation 35.86A.120 Nuclear, thermal, electric generating power facilities, joint development additional powers granted pursuant to chapter 54.44.020 agreements authority for 54.44.020 conformity to applicable law 54.44.060 bonds, revenue, authority to issue 54.44.040 declaration of public purpose 54.44.010, 54.44.040 depositaries 54.44.050 disbursement of public funds 54.44.050 liability of city, joint operating agency or public utility district, extent, limitations 54.44.030 liberal construction 54.44.900 percentage of ownership 54.44.020 taxes 54.44.020 Nuisances first class cities, abatement of 35.22.280 powder magazine nearby is public nuisance, when 7.48.140 second class cities, abatement 35.23.331 towns, abatement of 35.27.410 water pollution, abatement 35.88.030, 35.88.040, 35.88.050, 35.88.060, 35.88.070 Occupation, second class cities, control of 35.23.440 Offenders performing community restitution workers’ compensation and liability insurance coverage 35.21.209, 51.12.045 Officers prohibited acts 42.23.070 recall sufficiency hearing, payment of defense expenses 35.21.203 Officers and employees advancement in classification, election 35.06.080 appearance of fairness doctrine Ch. 42.36 budget director in cities over 300,000 appointment 35.32A.020 preparation of proposed budget 35.32A.030 code of ethics 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 commission government commissioners, salaries, generally 35.17.108 mayor, salary, generally 35.17.108 community municipal corporation, community council 35.14.030 contracts, interest in prohibited, exceptions 42.23.030 disincorporation proceedings, surrender of power 35.07.090 eligibility to hold office 42.04.020 failure to prepare budget estimate, penalty 35.32A.090 health care retirees and disabled 41.04.208, 41.04.212 hospitalization and medical aid for employees and dependents choice of policies or plans to be offered 41.04.180 contracts with health care service contractors authorized 41.04.180 costs not additional compensation, payment of premiums 41.04.190 hours of labor 49.28.010, 49.28.040 liability insurance, authority to purchase for 35.21.205 mayor appointment of budget director in cities over 300,000 35.32A.020 submission of proposed budget to city council in cities over 300,000 35.32A.030 minimum wage 49.46.010 payroll checks, drafts, or warrants city or town may cash, conditions 35.21.087 police officers, residence requirements, abolished 35.22.610 public moneys deposited with treasurer Const. Art. 11 § 15 residence requirements 35.21.200 police officers, abolished 35.22.610 retirement and pensions, See RETIREMENT AND PENSIONS salaries and wages, increase during term of office, when authorized Const. Art. 30 § 1 second class cities, See CITIES AND TOWNS, subtitle Second class cities sick leave payment 41.48.160 special water pollution enforcement 35.88.020 subversive activities conviction of bars holding office 9.81.040 subversive person ineligible for employment 9.81.060 term not to be extended Const. Art. 11 § 8 towns, See CITIES AND TOWNS, subtitle Towns use of public money by, a felony Const. Art. 11 § 14 Offices open for business, hours and days, prescription by legislative authority 35.21.175 Official bonds city manager 35.18.050 city treasurer 35.38.050 commission form cities 35.17.100 security to city or town 42.08.010 town officers 35.27.120 Off-street parking city council, powers and duties, generally 35.86A.080 operation permitted, when 35.86A.120 parking commission annual excise tax payable to county 35.86A.110 budget 35.86A.100 call for bids for operation 35.86A.120 city council, powers and duties, generally 35.86A.080 eminent domain, authority 35.86A.080 expenditures 35.86A.100 financing, generally 35.86A.090 financing of new facilities, authority and power, generally 35.86A.080 general obligation bonds, authority of city to issue 35.86A.090 in-lieu tax payments 35.86A.110 leases long term 35.86A.120 negotiations 35.86A.120 local improvement district financing, authority 35.86A.080 new facilities approval of planning commission 35.86A.080 procedure 35.86A.080 operation permitted, when 35.86A.120 powers and duties of city, generally 35.86A.090 private operation facilities, call for bids 35.86A.120 proposed plans for new facilities 35.86A.080 publication of notice, call for bids 35.86A.120 report to city council 35.86A.080 revenue bonds authority 35.86A.080 issuance by city, authority 35.86A.090 revenues, disposition 35.86A.100 On-site sewage disposal systems Ch. 70.118 On-site sewage disposal systems, large Ch. 70.118B On-site sewage disposal systems, marine recovery areas Ch. 70.118A [RCW Index—page 97] CITIES AND TOWNS On-site sewage systems local health officer’s authority to waive requirements 70.05.072, 70.05.077 permits 70.05.074 Operating and maintenance expenses, See CITIES AND TOWNS, subtitle Budgets Optional municipal code, See CITIES— OPTIONAL MUNICIPAL CODE Ordinances and resolutions adoption of budget in cities over 300,000 35.32A.050 airport joint operations 14.08.200 annexed cities, effect 35.10.320 budget, adoption of final budget by cities and towns under 300,000 35.33.075 building code, adoption by reference 35.21.180 codification adoption as official code 35.21.520 amending, adopting, or rejecting 35.21.540 authorization for 35.21.510 copies as proof of ordinances 35.21.550 defined 35.21.500 single subject requirement 35.21.570 subsequent amendment 35.21.560 community council referral of city ordinances to, which 35.14.040 compilation, codification, and revision of 35.21.500, 35.21.510, 35.21.520, 35.21.530, 35.21.540, 35.21.550, 35.21.560 comprehensive plan, referral to municipal council 35.14.040 conditional use permit, special exception for variance, referral to community council 35.14.040 consolidated cities, effect 35.10.320 electric code, adoption by reference 35.21.180 eminent domain 8.12.040 enforcement by municipal court 35.20.030 evidence, admissible as, when 5.44.080 fire codes, adoption by reference 35.21.180 first class cities violations, providing for punishment 35.22.280 first class cities, See also CITIES AND TOWNS, subtitle First class cities franchises and privileges grant of 35.17.220 health and sanitation, adoption by reference 35.21.180 information pooling 35.21.185 local improvement, compliance with state laws 35.43.030 local improvement districts 35.43.070, 35.43.075, 35.43.080, 35.43.100 law suits challenging, limitation 35.43.100 meat processing, adoption by reference 35.21.180 milk processing, adoption by reference 35.21.180 planned unit development, referral to community council 35.14.040 plumbing code, adoption by reference 35.21.180 port district regulations, adoption 53.08.220 publication 35.21.180 publication requirements 35.22.288 recording 5.44.080 referral to community council, which 35.14.040 second class cities, See CITIES AND TOWNS, subtitle Second class cities signing and filing commission government 35.17.190 council-manager plan 35.18.180 statutes and codes adoption by reference 35.21.180 filing with city clerk 35.21.180 posting and publishing 35.21.180 towns, See CITIES AND TOWNS, subtitle Towns unclassified cities 35.30.010 [RCW Index—page 98] vacation of streets and alleys 35.79.030 Organization under general laws required Const. Art. 11 § 10 Park board, metropolitan municipal corporations 35.58.300 Park commissioners local improvement proceedings, approval 35.43.040 parkways, park drives, and boulevards, acquisition and servicing 35.21.190 Park districts, power to acquire recreational facilities, compensation for use 35.21.020 Parking conveyance of land for in cities over 300,000 35.87.010 free parking in cities over 300,000 35.87.010 off-street facilities authorization for 35.86.010 bids required, when 35.86.010 "facilities", defined 35.86.010 financing 35.86.020 laws inconsistent with, priority 35.86.910 operation of leasing 35.86.040 negotiation 35.86.040 store space 35.86.080 municipal operation, limitations on 35.86.040 parking fee schedules 35.86.060 parking commission 35.86A.050, 35.86A.060, 35.86A.070 plans for prior to establishment 35.86.050 property, acquisition and disposition for 35.86.030 public park or civic center 35.86.010 receipts for parking fees 35.86A.070 towns 35.27.550, 35.27.560, 35.27.570, 35.27.580, 35.27.590 Parking and business improvement areas administration, contracts for 35.87A.110 assessment exemption period for new businesses and projects 35.87A.170 assessments changes in rates 35.87A.140 collection of 35.87A.130 special assessments 35.87A.010, 35.87A.090 classification of businesses 35.87A.080 use of proceeds from restricted 35.87A.120 benefit zones authorized 35.87A.150 establishment, modification and disestablishment 35.87A.160 rates 35.87A.150 bids required, monetary amount 35.87A.200 computing cost of improvement for bid requirement 35.87A.210 boundaries, change of 35.87A.070 boundaries, modification of 35.87A.075 chamber of commerce or similar business taxation for operating area 35.21.851 classification of businesses, special assessments 35.87A.080 definitions 35.87A.020 disestablishment of area assets and liabilities 35.87A.190 hearing 35.87A.180 hearings 35.87A.060 notice 35.87A.050 initiation petition or resolution 35.87A.030 ordinance to establish, contents and adoption 35.87A.100 purposes 35.87A.010 accomplished alternately 35.87A.220 resolution of intention to establish, contents, hearing 35.87A.040 supplemental authority 35.87A.220 use of revenue 35.87A.110 Parking commission, off-street parking facilities 35.86A.010 application 35.86A.040 authority 35.86A.020 chairman 35.86A.060 contracts for operation of facilities 35.86A.070 definitions 35.86A.030 legislative findings 35.86A.010 members 35.86A.050 new facilities, procedure 35.86A.080 ownership of facilities 35.86A.040 parking fees, authority 35.86A.070 powers and duties of commission, generally 35.86A.070 rules and regulations 35.86A.060 terms of members, vacancies 35.86A.050 Parking facilities authority for local improvement 35.43.040 Parking facilities, conveyance of land for in cities over 300,000 application to governmental entities as purchaser or lessor 35.87.040 consideration 35.87.030 exemption, from application of chapter 35.87.040 lease of real property for free public parking, authorized 35.87.010 "municipality", defined 35.87.010 notice of intention to sell, lease or convey 35.87.020 preference right to purchase or lease 35.87.020 real property in business area posting 35.87.020 publication 35.87.020 reversion 35.87.030 sale of real property for free public parking, authorized 35.87.010 terms and conditions 35.87.030 Parking meter revenue, use 35.23.454 Parks and recreation annexation of territory for 35.13.180 authority for local improvement for 35.43.040 authority to acquire and operate 35.21.020, 67.20.010 conditional sales contracts by cities and towns for purchase of property for parks authorized, vote required if exceeds indebtedness 39.30.010 first class cities, purchase property for 35.22.280 local improvement, authority for 35.43.040 second class cities acquisition of land 35.23.440 exchange of park property 35.23.010 towns 35.27.400 Parkways and park drives local improvement, authority for 35.43.040 local improvement districts 35.43.110 maintenance and improvement of surface public utilities constructed under 35.21.190 transfer to park commissioners 35.21.190 Party walls and partition fences, first class cities, regulation of 35.22.280 Pavement marking standards for arterials in urbanized areas 47.36.280 Pawnbrokers and second-hand dealers, regulatory authority 19.60.075 Pea patches transmission right of ways 35.92.370 Pedestrian malls administration of, contracting with mall organization 35.71.120 authority to establish 35.71.020 charter of city conflicting, effect 35.71.120 damage claims, negotiation upon 35.71.110 definitions 35.71.010 discontinuance mall organization election 35.71.130 outstanding obligations 35.71.130 restoration to former status 35.71.130 laws relating to, priority over others 35.71.910 mall organization contracts with city for administration 35.71.120 discontinuance, calling election for 35.71.130 (2008 Ed.) CITIES AND TOWNS levy of assessments 35.71.100 officers 35.71.090 powers in general 35.71.090 methods of establishment alternative method 35.71.080 appraising value of 35.71.050 financing methods 35.71.060 plan consistent with comprehensive plan 35.71.040 quit claim deeds, acquisition of 35.71.070 resolution of intention by council 35.71.030 right of way, acquisition of 35.71.070 traffic limitations 35.71.030 waivers, acquisition of 35.71.070 powers in regard to, generally 35.71.020 right of way, vacating or replatting 35.71.080 vacating or replatting 35.71.080 Pensions, See RETIREMENT AND PENSIONS Performance-based contracts energy conservation first class cities 35.22.620 towns or second class cities 35.23.352 Permits, leases or licenses for cities and towns to use toll facilities authorized 47.56.253 Personal protection spray devices restrictions on authority to prohibit use 9.91.160 Pesticide applicators licenses, authorization to issue 17.21.305 Petitions sufficiency 35.21.005 Planned unit development, referral to community council 35.14.040 Planning appearance of fairness doctrine Ch. 42.36 comprehensive plan 35.63.100 amendments 35.63.105 development regulations to be consistent with 35.63.125 filing 35.63.100 ground water 35.63.090 hearing examiner system 35.63.130 purpose 35.63.090 resolution adopting 35.63.100 supplementing or modifying 35.63.120 comprehensive transportation program preparation and adoption 35.77.010 metropolitan municipal corporations, comprehensive plan 35.58.310 off-street parking facilities 35.86.050 pedestrian malls 35.71.040 public utilities 35.67.030 transportation systems 35.92.270 urban renewal Ch. 35.81 Planning and zoning accessory apartments incorporation of report recommendations into local development and zoning regulations 43.63A.215 certain conditional or special use permits, mediation prior to appeal 35.22.685, 35.63.260 child care facilities review of need and demand for definitions 35.63.170 review, implementation of findings 35.63.180 copy of comprehensive plan and regulations provided to county assessor 35.22.695, 35.63.240 moratoria and interim zoning controls first class cities planning under charter subject to limitations on 35.22.690 limit placed on period for which moratorium or control adopted may be effective 35.63.200 public hearing required after adoption if not held before adoption 35.63.200 residential care facilities review of need and demand for, implementation of findings 35.63.140 Planning commissions (2008 Ed.) adjoining city or county commissions, regional plans 35.63.070 airport zoning commission, appointment as 14.12.070 amendments, comprehensive plans 35.63.105 appearance of fairness doctrine Ch. 42.36 board of adjustment, providing for 35.63.080 buildings, set-back of, providing for restrictions on 35.63.080 commissioners compensation 35.63.030 manner of appointment 35.63.020 number 35.63.030 vacancies 35.63.030 comprehensive plans adoption 35.63.100 amendment and modification 35.63.105, 35.63.120 community renewal 35.81.060 filing 35.63.100 hearings 35.63.100 purpose 35.63.090 recommendations of commission 35.63.100 supplemental restrictions 35.63.120 definitions 35.63.010 expenditures of 35.63.050 identification of affected property 35.63.065 manufactured housing 35.63.160 manufactured housing communities, elimination 35.63.161 meetings 35.63.040 organization 35.63.040 powers 35.63.060 public notice identification of affected property 35.63.065 regional appointment and powers 35.63.070 grants-in-aid from United States 35.63.070 restrictions land use 35.63.080 purposes of 35.63.090 set-back of buildings 35.63.080 sunlight access protection 35.63.080 yard and court size 35.63.080 restrictive zones, division of towns into 35.63.110 solar easements solar energy system, defined 35.63.015 solar energy systems, sunlight access protection 35.63.080 subdivision and development of land, providing for restrictions on 35.63.080 yards, providing for restrictions on 35.63.080 zones, division of towns into 35.63.110 Plans and planning development project review process 36.70A.470 land use planning, comprehensive agricultural lands innovative zoning techniques 36.70A.177 airports, general aviation 36.70A.510 cities required to plan, compliance 36.70A.040 classification of agriculture, forest, and mineral lands and critical areas guidelines 36.70A.050 comprehensive plans coordination with other plans 36.70A.100 environmental planning pilot projects 36.70A.385 extension of designation date 36.70A.380 identification of lands useful for public purposes 36.70A.150 innovative techniques 36.70A.090 major industrial developments 36.70A.365 mandatory elements 36.70A.070 master planned resorts, when authorized by county 36.70A.360 new fully contained communities, when approved in county planning 36.70A.350 noncompliance 36.70A.330 noncompliance and sanctions 36.70A.340, 36.70A.345 open space corridors, identification and purchase of 36.70A.160 optional elements 36.70A.080 order of invalidity 36.70A.335 planning activities and capital budget decisions, conformity with 36.70A.120 presumption of validity 36.70A.320 private property protection 36.70A.370 public participation ensured 36.70A.140 review, amendments 36.70A.130 state agencies to comply 36.70A.103 sufficient land capacity for development 36.70A.115 transmittal to state 36.70A.106 urban growth areas 36.70A.110 county-wide planning policy 36.70A.210 definitions 36.70A.030 development regulations presumption of validity 36.70A.320 transmittal to state 36.70A.106 greenbelts or open space, adverse possession 36.70A.165 growth management hearings boards appeal by state, limitations 36.70A.310 conduct, procedure, and compensation 36.70A.270 created 36.70A.250 expedited review 36.70A.305 final orders 36.70A.300 invalidity, determination 36.70A.302 judicial review 36.70A.295 matters subject to board review 36.70A.280 member qualifications 36.70A.260 petitions to, evidence 36.70A.290 growth strategies commission, role 36.70A.800 legislative findings 36.70A.010, 36.70A.011 master planned locations 36.70A.367, 36.70A.368 master planned resorts 36.70A.362 mineral resource lands 36.70A.131 natural resource lands and critical areas designation 36.70A.170, 36.70A.172 development regulations 36.70A.060 planning goals 36.70A.020 playing fields, compliance 36.70A.171 progress reports 36.70A.180 public participation 36.70A.035 review and evaluation program 36.70A.215 shoreline master programs 36.70A.480 siting of essential public facilities 36.70A.200 submittal phasing 36.70A.045 technical assistance, grants, and mediation services 36.70A.190 transportation element 36.70A.108 wetlands delineation 36.70A.175 Platting subdivision and dedication of land, See PLATTING, SUBDIVISION AND DEDICATION OF LAND Plumbers compliance inspections by city or county, pilot project 18.106.280 Police citizens’ assistance to 35.66.030 civil service qualifications of applicants for positions 41.12.070 false arrest insurance 35.23.460 health regulations by state board of health, duty to enforce, penalty 43.20.050 limited access facilities, jurisdiction 47.52.200 militia, exemption from enrollment 38.44.030 motor vehicle wreckers’ records, inspection by 46.80.150 regulations to be enforced Const. Art. 11 § 11 residence requirements, abolished 35.22.610 sheriff’s employees, transfer to city police upon annexation or incorporation [RCW Index—page 99] CITIES AND TOWNS civil service commission rules 35.13.390 conditions and limitations 35.13.380 notification of right to transfer, time frame for request 35.13.400 purpose 35.13.360 when authorized 35.13.370 unclaimed property Ch. 63.32 warrant officers positions to be maintained within department 35.20.270 Police, See also POLICE civil service, See also CIVIL SERVICE, subtitle City police pensions, See RETIREMENT AND PENSIONS Police courts jurisdiction writ of prohibition, jurisdiction prohibited 7.16.320 Police courts, See also CITIES AND TOWNS, subtitle Municipal courts; JUSTICE AND INFERIOR COURTS ACT OF 1961 first class cities, See CITIES AND TOWNS, subtitle First class cities second class cities, See CITIES AND TOWNS, subtitle Second class cities Police department second class cities, See CITIES AND TOWNS, subtitle Second class cities towns, See CITIES AND TOWNS, subtitle Towns Police judges justice of the peace may act as Const. Art. 4 § 10 Police matrons appointment 35.66.020 assistance by police and other persons 35.66.030 authority to add to police force 35.66.010 care of female prisoners 35.66.010, 35.66.050 compensation 35.66.040 duties 35.66.010 Police regulations may be enforced Const. Art. 11 § 11 Pollution control, See also CITIES AND TOWNS, subtitle Water pollution Pollution control bonds and facilities, See POLLUTION CONTROL MUNICIPAL BONDING Population concentration, comprehensive plans for 35.63.090 Population determination allocations of state funds based upon, finality of 43.62.020 annexation basis for allocation of state funds 35.13.260 certificate to office of financial management 35.13.260 assistance to office of financial management 43.62.040 certification of 43.62.030 determination, how made 43.62.030 disincorporation, effect 43.62.030 incorporation, procedure 43.62.030 state census board to make 43.62.020 time for making 43.62.030 Population reference in laws and rules of 500,000 deemed to be 400,000 35.21.780 Powers community renewal general grant 35.81.070 urban renewal projects 35.81.150 community renewal agencies 35.81.160 first class cities 35.22.200 rent control, prohibited 35.21.830 ride sharing, motor vehicles, authorization 35.21.820 second class cities generally 35.23.010 specific enumeration 35.23.440 towns specific enumeration 35.27.370 unclassified cities 35.30.010 [RCW Index—page 100] Powers and privileges, general corporate 35.21.010 Printing contracts for outside state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Prison labor unclassified cities, use of 35.30.010 Prisoners, care while under confinement 35.66.050 Property acquisition at local improvement foreclosure proceedings Ch. 35.53 sewerage assessment sale 35.67.270, 35.67.280 airspace, conveyance or lease of 35.22.302 assessment of 35.44.130 conveyance or lease of airspace in first and second class cities 35.22.302 disposal of surplus, hearing, notice 39.33.020 exchange with federal or state government or political subdivision authorized 39.33.010 first class cities, control over 35.22.280 general corporate powers 35.21.010 intergovernmental disposition of authorized 39.33.010 hearing, notice requirements 39.33.020 transfers 39.33.090 lease to federal or state government or political subdivision authorized 39.33.010 restrictions on real property, statement available to property owners 35.21.475 sale to federal or state government or political subdivision authorized 39.33.010 second class cities, powers to acquire, control, and dispose of 35.23.452 state highway purposes, acquisition for 47.12.040 towns, acquisition and management for municipal purposes 35.27.370 transfer, provisions 35.21.900 transfer to metropolitan park districts 35.61.290, 35.61.300 transfer with federal or state government or political subdivision authorized 39.33.010 Prosecuting attorneys driving record, abstract of access 46.52.130 Prostitution first class cities, providing for punishment of 35.22.280 towns, control of 35.27.370 Protest to local improvement proceedings 35.43.180 Proxies, bond issues, first class cities 35.36.010, 35.36.020, 35.36.030, 35.36.040, 35.36.050, 35.36.060, 35.36.070 Public assistance notice to county 74.04.040 Public corporations transfer of real property to, conditions and limitations 35.21.747 Public depositaries statewide custodian, application of chapter 39.58.155 when bond not required 39.58.090 Public facilities state loans or grants to finance county-wide planning policy, preference to party to 43.17.250 Public facilities districts admissions tax 35.57.100 creation 35.57.010 expenditure of funds 35.57.060 expenses, reimbursement 35.57.050 fees and charges 35.57.020, 35.57.040 general obligation bonds, issuance 35.57.030 governance 35.57.010 parking, tax on charges 35.57.110 purchases and sales 35.57.080 regional centers, authority to acquire and operate 35.57.020 revenue bonds, issuance 35.57.090 service provider agreements 35.57.070 Public funds interfund transfers and loans, repayment and crediting procedure 43.09.285 Public health first class cities, preservation of 35.22.280 threats to attorney general, duty to enforce 43.20A.660 grant-in-aid payment to local health departments 43.20.200 local health department, grant-in-aid to 43.20.200 notice to violators 43.20A.660 prosecuting attorneys, duties to enforce 43.20A.660 reports of violations, duty of attorney general and prosecuting attorneys to enforce 43.20A.660 Public hospital districts, See HOSPITALS, subtitle Public hospital districts Public lands, first class cities, regulate, control and use 35.22.280 Public markets acquisition and operation 35.92.040 defined 35.92.040 first class cities, regulation 35.22.280 second class cities, regulation 35.23.440 Public mass transportation system bond issues general obligation bonds, authorized 39.33.050 revenue bonds, authorized 39.33.050 city transportation authority - monorail Ch. 35.95A lease to political subdivision or municipal corporation, authorized 39.33.050 property transfer with political subdivision or municipal corporation authorized 39.33.050 transfer to political subdivision, authorized 39.33.050 transfer to political subdivision or municipal corporation authorized 39.33.050 Public places and drives, local improvement, authority for 35.43.040 Public safety and education assessment 3.62.090 Public service businesses, franchises in annexed areas 35.13.280 Public stadium, convention center, and arts facilities Ch. 67.30 Public transportation bus service agreements under intergovernmental cooperation 39.34.085 Public transportation benefit areas boundaries 36.57A.040 Public transportation systems employees payroll deduction for political action committees 35.58.268 fares 35.58.580, 35.58.585, 35.58.590, 35.58.595 feasibility study, financial support payment 35.58.2712 financing appropriation of funds for referendum 35.95.030 collection of tax, billing 35.95.050 contracts and leases for operation and maintenance 35.95.050 declaration of purpose 35.95.010 definitions 35.95.020 funds derived from taxes, restrictions on classification, etc. 35.95.060 levy and collection of taxes, appropriation and use 35.95.040 purchase of leased systems, price 35.95.070 referendum appropriation of funds for 35.95.030 authorized 35.95.090 rights not impaired 35.95.080 (2008 Ed.) CITIES AND TOWNS tax appropriation and use of 35.95.040 billing 35.95.050 collection of tax 35.95.040 funds derived from, restrictions on classification, etc. 35.95.060 levy of 35.95.040 financing, See also CITIES AND TOWNS, subtitle First class cities; CITIES AND TOWNS, subtitle Second class cities sale/leaseback payments, tax exemption 35.21.756 system report, annual, filing with department of transportation 35.58.2796 transit, six-year development plan 35.58.2795 Public utilities acquisition or construction election 35.92.070 procedure for 35.92.070 when unnecessary to submit to voters 35.92.070 administration, oversight, or supervision by city or town employees reimbursement by utility 35.33.123, 35.34.205 biodiesel, ethanol, and blends production and distribution 35.92.440 bonds bond owner’s recourse 35.92.160 energy or water conservation programs 35.92.105 funding and refunding generally 35.92.110 not general obligation 35.92.120 general obligation bonds, pledge of revenue for payment of 35.92.080 refunding by single issues 35.92.130 refunding with general obligation funding bonds Ch. 39.52 revenue 35.92.100 liens against 35.92.100 terms of 35.92.150 budget control, exemption from, expenditures 35.32A.070 construction, under park drives and boulevards 35.21.190 energy conservation tree planting for energy conservation, municipal utilities to encourage 35.92.390 environmental mitigation 35.92.430 extension of capacity by fifty percent or more procedure 35.92.070 first class cities, See CITIES AND TOWNS, subtitle First class cities franchises and privileges, commission government 35.17.220 funds, special fund for 35.92.100, 35.92.140 gas, electricity, and other power facilities, acquisition and operation 35.92.050 generating facilities located in another county contracts with other county 35.21.420 contributing to support of county government 35.21.420 payments to taxing districts limitation on amount 35.21.430 schools and school districts arbitration 35.21.426 bonds of indebtedness, how computed 35.21.440 negotiations 35.21.426 notice of loss 35.21.426 payment formulas 35.21.427 reimbursement of 35.21.425 renegotiation 35.21.427 indebtedness 35.92.075 irrigation pumping service, tariff 35.92.365 leasing of authority 35.94.010 execution 35.94.030 procedure 35.94.020 lighting, heating, fuel, and power facilities, acquisition and operation 35.92.050 rates and charges (2008 Ed.) costs, expense, interest 35.41.090 municipal revenue bond act, effect 35.41.080 sale of authority 35.94.010 execution of 35.94.030 procedure 35.94.020 second class cities 35.23.515, 35.23.525, 35.23.535 surplus property, disposal 35.94.040 tap-in, connection, hookup fees, waiver, low income persons 35.92.380 towns, See CITIES AND TOWNS, subtitle Towns warrants, payment out of special fund 35.92.100 Public utilities, See also CITIES AND TOWNS, subtitle Electrical utilities; CITIES AND TOWNS, subtitle Sewerage systems Public utility districts dissolution 54.08.080 electrical distribution equipment from 35.92.054 electrical utility properties, joint undertaking with cities over 150,000 35.92.280, 35.92.290, 35.92.300, 35.92.310 restrictions on use of power facilities 54.04.040 tax on revenue 54.28.070 Public water supply chemical contaminants local standards may be stricter 70.142.040 noncomplying systems, corrective plan 70.142.050 Public waterway districts Ch. 91.08 Public works bids and contracts 35.22.635, 35.23.352 Performance-based contracts for water conservation, solid waste reduction, and energy equipment Ch. 39.35A recycled materials, preferential purchase 35.23.352 small works roster 35.23.352 Public works, See also PUBLIC WORKS Public works assistance account established, purpose 43.155.050 loans or pledges, eligibility 43.155.070 Public works contractor’s bond, liability for mayor’s or council’s failure to take 39.08.015 Public works or improvements prevailing wages, legal liability of public agencies to comply with 39.12.042 Public works projects competitive bidding requirements 43.155.060 definitions 43.155.020 financing powers of board 43.155.060 legislative policy 43.155.010 public works assistance account established, purpose 43.155.050 public works board created 43.155.030 financing powers 43.155.060 powers 43.155.040 records, audits 43.155.080 Puget Sound water quality protection, responsibilities Ch. 90.71 Purchases blind made products 19.06.020 conditional sales contracts for purchase of real or personal property authorized, indebtedness limitation 39.30.010 election required if exceeds indebtedness limitation 39.30.010 joint execution with other municipal corporations authorized, indebtedness limitation 39.30.010 electronic data processing and telecommunications systems 39.04.270 interest due when payment is not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 Rail districts, See COUNTY RAIL DISTRICTS Rail fixed guideway systems safety and security program plan 35.21.228 Railroad crossings, signals and devices allocation of funds for installation and maintenance, to defray costs of 81.53.271 funds to defray cost of 81.53.291 state funds to defray costs of 81.53.281 federal funding allocation of installation costs 81.53.295 Railroads first class cities conditions for operation 35.22.280 franchises to cross city streets 35.22.340 second class cities 35.23.430 speed limits 81.48.030, 81.48.040 Real property transfer to public corporation, conditions and limitations 35.21.747 Real property, See also CITIES AND TOWNS, subtitle Property Records destruction or donation of, procedure for, retention schedule 40.14.070 electronic access to public records 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.300, 43.105.310 historical records, transfer to depository agency, procedure for 40.14.070 Recreation facilities, See CITIES AND TOWNS, subtitle Parks and recreation Recyclable and reusable materials, collection, transportation, and sales by private or nonprofit entity, authorization 35.21.158 Recyclable materials residential curbside recycling program participation reduced solid waste collection rate 35.21.135 Recycled products procurement definitions 43.19A.010 duties 43.19A.030 preferential purchase policy 43.19A.040 purpose 43.19A.005 requirements Ch. 43.19A procurement, notice of requirements 43.19A.080 Redevelopment, See CITIES AND TOWNS, subtitle Urban renewal References to cities with population of 500,000 deemed to be 400,000 35.21.780 Referendum business and occupation tax increase 35.21.706 electric utility transmission line and distribution franchise 80.32.040 first class cities 35.22.200 public transportation systems 35.95.090 Referendum, See also CITIES AND TOWNS, subtitle Initiatives Reform schools, first class cities, establishment and maintenance 35.22.280 Refuse collection and disposal, part of sewerage system 35.67.190 Regional jails 70.48.095 Reincorporation, under general laws permitted to cities under special charter Const. Art. 11 § 10 Relocation assistance for low-income tenants authorization for certain cities, towns, counties, and municipal corporations to require 59.18.440 payments not considered income, eligibility for public assistance unaffected 59.18.450 Rent control, residential, prohibited 35.21.830 Residence qualifications city manager 35.18.040 officials and employees 35.21.200 Residences [RCW Index—page 101] CITIES AND TOWNS new and rehabilitated multi-unit dwellings in urban centers, property tax exemption qualification and procedure Ch. 84.14 Residential care facilities review of need and demand for, implementation of findings 35.63.140 Retirement and pensions investment advisory board 35.39.080 members employment of 35.39.100 liability of 35.39.110 powers and duties 35.39.090 investment of pension funds 35.39.060 investments, authorized investments Const. Art. 29 § 1 securities registration and custody 35.39.070 supplemental benefits fund, creation 41.44.105 Retirement and pensions, See also RETIREMENT AND PENSIONS Revenue general revenue, may be used to pay interest on local improvement bonds and warrants 35.45.030 Revenues, See also CITIES AND TOWNS, subtitle Fiscal matters Review of proposed actions, boundary review board when review not necessary 36.93.110 Rewards authority, payment 10.85.030 conflicting claims 10.85.040 payment 10.85.050 Right of way telecommunications and cable television service use Ch. 35.99 Right of way donations for transportation improvements 35.21.880 advertising signs on donated parcels 47.14.040 credit against assessment 35.44.420 credit against district assessment 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 Riots, second class cities, prevention and control of 35.23.440 River and harbor improvement districts See RIVER AND HARBOR IMPROVEMENT DISTRICTS Rivers and streams adjacent to, powers and jurisdiction extended 35.21.160 towns, control of 35.27.370 Road districts, annexation of, notice, disposition of taxes 35.13.270 Road projects compost products use in 43.19A.110 Roadways, elevated, first class cities authority to construct 35.85.010 Rural arterial program coordination with county projects 36.79.100 Rural county library districts, See LIBRARIES, subtitle Rural county library districts Salaries, increase during term, when authorized Const. Art. 30 § 1 Salaries and wages, See CITIES AND TOWNS, subtitle Budgets Salary commissions 35.21.015 Sales tax, See CITIES AND TOWNS, subtitle Local sales and use tax Sanitary districts, See also SANITARY DISTRICTS Sanitary regulations may be enforced Const. Art. 11 § 11 Sanitation, department of health assistance 70.54.040 School district expenditure of funds on city buildings 28A.335.140 Schools and school districts electrical generating facilities in another county, payments to [RCW Index—page 102] bonded indebtedness, how computed 35.21.440 notice of loss 35.21.426 payment formulas 35.21.427 reimbursement 35.21.425 elementary and secondary, admission tax exception 35.21.280 Schools and school districts, See also SCHOOLS AND SCHOOL DISTRICTS Seals, corporate powers in regard to 35.21.010 Seattle hotel-motel tax state convention and trade center, Seattle Ch. 67.40 Second class cities accident claims against charter cities, procedure 35.31.020 accident fund, use 35.30.050 accounts, power to examine 35.23.440 advancement in classification 35.06.010 airspace, conveyance or lease of 35.22.302 ambulances and first aid equipment 35.23.456 annexation for municipal purposes 35.13.180 annexation of federal areas 35.13.190, 35.13.200, 35.13.210 bids and contracts 35.23.352 boat harbors, marinas, docks, construction and operation 35.23.455 bonds for officers 35.23.081 bridges, power to construct 35.23.440 budget provisions Ch. 35.33 buildings, power to provide public buildings 35.23.440 cemeteries, establishment and regulation of 35.23.440 charter cities, accident claims against 35.31.020 cities reorganized as noncharter code cities council 35.23.840, 35.23.845 health officer 35.23.820 officers, appointive 35.23.815, 35.23.830 officers, elective 35.23.800 officers, generally 35.23.835 street commissioner 35.23.825 wards, division into 35.23.850 cities reorganized as noncharter code city elections 35.23.805 mayor, duties 35.23.810 city attorney, duties 35.23.111 city clerk, duties 35.23.121 city treasurer, duties 35.23.131 claims against 35.23.261 noncharter cities, procedure 35.31.040 validation by council 35.23.330 classification 35.01.020 clerk-treasurer office 35.23.142, 35.23.144, 35.23.146, 35.23.148 combustibles, regulation of 35.23.440 commons, regulation of 35.23.440 consolidation or annexation of territory proceedings attacking validity 35.23.545 contracts, power to make 35.23.440 council ayes and noes on certain ordinances 35.23.290 journal of proceedings 35.23.201, 35.23.270 mayor pro tempore 35.23.191 meetings 35.23.181, 35.23.201, 35.23.270 oath of office 35.23.181 powers enumerated 35.23.440 rules 35.23.270 criminal cases, agreement with county to handle 35.23.555 disorderly houses, control of 35.23.440 elections general power 35.23.440 positions and terms of office 35.23.051 wards 35.23.051 emergency medical services 35.23.456 eminent domain 8.12.560, 35.23.311 power of 35.23.440 employees adjustment of wages, effect on budget 35.33.107 false arrest insurance 35.23.460 fire department establishment and maintenance of 35.23.440 fire limits 35.23.440 fire limits 35.23.440 franchises 35.23.251 franchises or privileges exclusive grants 35.23.380 gambling, control of 35.23.440 harbors and wharves, powers to build, improve, and regulate 35.23.440 health and safety, providing for 35.23.440 hospitals, establishment and maintenance of 35.23.440 house numbers, providing for 35.23.440 intoxicating liquors, regulation of 35.23.440 judgments against, power to pay 35.23.440, 35.30.050 licenses businesses 35.23.440 dance houses 35.23.440 ferries 35.23.440 generally 35.23.440 hotel runners 35.23.440 peddlers 35.23.440 ships and shipping 35.23.440 shows 35.23.440 toll bridges 35.23.440 vehicles 35.23.440 local improvement guaranty fund 35.23.505 local improvements, providing for 35.23.440 lowlands, local improvement Ch. 35.55, Ch. 35.56 markets and marketing, regulation 35.23.440 moneys, duties of officers receiving 35.23.141 motor vehicles, regulation of speed 35.23.440 navigation, power to regulate 35.23.440 nuisances, abatement 35.23.331 nuisances, power to declare and abate 35.23.440 occupations, control of 35.23.440 officers, generally appointment and removal 35.23.021 combination of offices of clerk and treasurer 35.23.142, 35.23.144, 35.23.146, 35.23.148 compensation 35.23.021 compensation and expenses 35.23.091 eligibility to hold office 35.23.031 moneys, duties receiving 35.23.141 oath and bond 35.23.081 pensions 35.23.091 vacancies 35.23.101 off-street parking facilities, parking commission, authority 35.86A.020 ordinances authority to make and pass 35.23.440 ayes and noes on council vote 35.23.290 franchises, requisites 35.23.251 hearings, public notice 35.23.221 penalty for violation 35.23.440 publication 35.23.221 requisites 35.23.211 veto 35.23.211 park commissioners 35.23.170 park property, exchange of 35.23.010 parking, off-street facilities Ch. 35.86 parking meter revenue, use 35.23.454 parks, power to provide 35.23.440 parks and recreation, acquisition of land for 35.23.440 payment of claims and obligations 35.23.325 police courts courts of limited jurisdiction 3.02.010 police department establishment and maintenance of 35.23.440 police department and chief 35.23.161 police judge specific powers 35.23.440 powers generally 35.23.010 (2008 Ed.) CITIES AND TOWNS specific enumeration 35.23.440 property, acquisition, control, and disposition 35.23.452 property, acquisition, control, and disposition of 35.23.440 public utilities acquisition or construction 35.23.525 contracts for services 35.23.515 facilities, construction authorized 35.23.515 maintenance and operation 35.23.535 rates 35.23.535 public works bids and contracts 35.23.352 public works contracts performance-based contracts 35.23.352 publicity board, administration of publicity fund 35.23.480 publicity fund 35.23.470, 35.23.480, 35.23.490 railroads in streets, assessments for street improvement, enforcement by lien 35.23.430 rights and privileges, generally 35.23.010 riots, prevention and control of 35.23.440 safety and sanitary measures power to provide for 35.23.440 sewerage systems, regulation of 35.23.440 sidewalks, construction and reconstruction Ch. 35.69, Ch. 35.70 stock pounds, establishment and maintenance 35.23.440 street poll tax 35.23.371 streets and alleys cleaning 35.23.440 grades at high elevation, drainage impracticable on private abutting land, effect Ch. 35.73 termination in waterfront or navigable waters leasing of 35.23.410 notice before lease execution 35.23.420 streets and sidewalks franchises to use 35.23.440 providing for 35.23.440 taxation assessment and levying power 35.23.440 toll bridges, licensing 35.23.440 warrants, payment of demands 35.23.261 water overflow, power to prevent 35.23.440 water systems construction 35.23.560 control of 35.23.440 local improvement law, relation to 35.23.580 plans 35.23.570 special assessments 35.23.570 watercraft and shipping, power to regulate 35.23.440 waterways, control of 35.23.440 weights and measures, regulation of 35.23.440 wharfage rates, power to fix 35.23.440 Senior citizen programs authorization 36.39.060 Service agreements for providing local government services and facilities Ch. 36.115 Service of summons on, personal service 4.28.080 Sewer districts, See WATER-SEWER DISTRICTS Sewer overflows reduction, plans and compliance 90.48.480 Sewer revenue bonds, mutual savings banks, investment in 32.20.070, 32.20.100 Sewer systems credit to finance Const. Art. 8 § 10 Sewerage systems acquisition and operation 35.92.020 adoption of ordinance 35.67.030 plan for 35.67.030 authority for 35.43.040, 35.67.020 authority to provide for 35.21.210 bonds (2008 Ed.) general obligation bonds payment 35.67.110 tax levy for 35.67.110 pledge of revenue 35.67.110 revenue issuance authority 35.67.140 payment from special fund 35.67.160 remedy of owners 35.67.180 sale of 35.67.170 signatures and form 35.67.150 terms 35.67.140 validation of prior 35.67.194 Canadian corporations, contracts with 35.92.410 charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 classification of services and facilities for rates 35.92.020 combined systems of water, sewer, and garbage, authority for 35.67.331 compulsory use 35.67.190 connection with, compulsory 35.67.190 connections charges for 35.92.025 payment prior to 35.91.040 unauthorized 35.91.040 conservation materials or equipment, use of public moneys 35.67.360 construction by owners of real estate 35.91.020 construction and maintenance, power to compel connections with 35.27.370 contracting with other municipalities or watersewer districts 35.67.300 contracts with property owners 35.91.020 construction along county roads 35.91.020 cost, owner’s pro rata share 35.91.040 definitions 35.67.010 discharge into streams, certain cities prohibited 35.88.080 general obligation bonds 35.67.065 investigation by secretary of social and health services 35.88.090 joint agreements with other municipalities 35.67.300 liens authority for 35.67.200 delinquent charges, extension of coverage 35.67.215 delinquent charges, extent of coverage 35.67.210 enforcement, alternative method to foreclosure 35.67.290 foreclosure of limitation of actions 35.67.230 necessary parties 35.67.220 procedure 35.67.240 property acquired at disposition by city 35.67.270 payment of taxes by city 35.67.280 redemption 35.67.260 trial 35.67.250 judgments against 35.67.250 notice of 35.67.210 water service cut off, alternative method of enforcement 35.67.290 local improvement, authority for 35.43.040 low-income persons, assistance 35.67.020, 35.92.020 municipal water and sewer facilities act approval and acceptance by municipality 35.91.030 charges, construction costs payment, release 65.08.180 construction by property owners along county roads 35.91.020 contract with owners of real estate 35.91.020 declaration of purpose 35.91.010 owner’s pro rata share of cost 35.91.050 tap or connection payment made prior to 35.91.040 unauthorized 35.91.040 plans and proposed methods of operation and maintenance adoption by ordinance 35.67.030 powers of legislative authority 35.21.215 property acquired at sewerage sale disposition by city 35.67.270 payment of taxes by city 35.67.280 public nuisances concerning 7.48.140 rates and charges 35.67.190 uniformity 35.67.020 refuse collection and disposal, part of system 35.67.190 revenue bond fund authority to establish 35.67.120 limitations 35.67.130 payment out of 35.67.160 second class cities, general systems 35.23.440 secretary of social and health services, investigation by 35.88.090 service and facilities classification 35.67.020 sewer connections charges for 35.92.025 covenants running with the land 35.67.310 outside city 35.67.310 without permission, penalty 35.67.350, 35.91.040 taxation, payment for general obligation bonds 35.67.110 unclassified cities 35.30.010 waste disposal facilities, bond issue Ch. 43.99F waste disposal facilities bond issue Ch. 43.83A waste disposal permits 90.48.160, 90.48.162, 90.48.165, 90.48.170, 90.48.180, 90.48.190, 90.48.195, 90.48.200 water service cut off, method of lien enforcement 35.67.290 waterworks, sewerage system made part of statutes to govern 35.67.340 Sewerage systems, See also DIKING AND DRAINAGE, subtitle Improvement districts; WATER-SEWER DISTRICTS Ships and shipping first class cities, regulation of 35.22.280 second class cities 35.23.440 Shoreline management act, duties Ch. 90.58 Shoreline master programs 36.70A.480 Short-term obligations Ch. 39.50 Sidewalks curb ramps for physically handicapped model standards 35.68.076 required, standards and requirements 35.68.075 first class cities, construction and reconstruction Ch. 35.69 local improvement, authority for 35.43.040 obstructing vegetation, debris destruction or removal procedure 35.21.310 prescriptive rights of abutting owners 35.21.220 regulation of use 35.21.220 second class cities franchises to use 35.23.440 providing for 35.23.440 second class cities, construction and reconstruction Ch. 35.69, Ch. 35.70 towns franchises to use and occupy 35.27.370 towns, construction and reconstruction Ch. 35.70 Sludge beneficial uses 70.95J.030 biosolid management program 70.95J.020 definitions 70.95J.010 enforcement of regulations department of ecology authority 70.95J.050 federal requirements 70.95J.007 legislative findings 70.95J.005 permit issuance and enforcement local health department authority 70.95J.080 permit review 70.95J.090 transportation 70.95J.020 [RCW Index—page 103] CITIES AND TOWNS violations department of ecology authority 70.95J.040 gross misdemeanor punishment 70.95J.060 monetary penalty 70.95J.070 Slums, See CITIES AND TOWNS, subtitle Unfit dwellings; CITIES AND TOWNS, subtitle Urban renewal Smoking no smoking law local regulations authorized 70.160.080 penalty for violation of paid to city bringing action 70.160.100 Solar energy systems, sunlight access protection comprehensive plans for 35.63.090 Solid waste collection and disposal acquisition and operation of systems, plants, sites, and facilities 35.92.020 charges 35.21.130 classification of services and facilities for rates 35.92.020 contracts with private vendors 35.21.156 establishment of systems 35.21.120 liens notice and foreclosure 35.21.140 priority 35.21.150 rate increases, notice 35.21.157 regulation in annexed territory 35.13.280 regulation in newly incorporated city or town 35.02.160 required use of systems 35.21.130 utilities and transportation commission jurisdiction 81.77.0201 liens creation 35.21.130 residential curbside recycling program participation reduced collection rate 35.21.135 waste disposal facilities, bond issue Ch. 43.99F Solid waste, See also SOLID WASTE MANAGEMENT Solid waste collection company provisions do not apply to 81.77.020 Solid waste disposal facilities owned by county arbitration and negotiation of impact charges 36.58.080 no municipal tax but mitigation charge allowed 36.58.080 facility site permit review, issuance, appeal 70.95.185 facility site review standards 70.95.165 Solid waste management comprehensive solid waste management plan 70.95.080 funds department of ecology authorized to disburse 70.95.268 Sounds, adjacent to exclusion of area in calculation of area of city or town 35.21.160 powers and jurisdiction extended 35.21.160 Source separated materials private business involvement in plan development local solid waste advisory committee to examine 70.95.167 Special detention facilities authority to build and maintain 70.48.190, 70.48.210 fees for cost of housing 70.48.380 Special purpose districts, assumption by city of assets, facilities or indebtedness of, filing notice of proposed action with boundary review board 36.93.090 Special review districts historical sites tax immunity or exemption, conditions 35.21.755 Stadium, convention center, and arts facilities Ch. 67.30 [RCW Index—page 104] Standard time, observance of and exceptions 1.20.050 State building code enforcement 19.27.050 State environmental policy Ch. 43.21C Stock pounds, second class cities, establishment and maintenance 35.23.440 Stone or asphalt plants, acquisition and operation 35.92.030 Storm water control facilities assessments, rates, and charges 90.03.500, 90.03.510, 90.03.520, 90.03.525 credit to finance Const. Art. 8 § 10 public property subject to rates and charges 35.67.025, 35.92.021 Storm water or sewer services conservation materials or equipment, use of public moneys 35.67.360 Street expenditures accounting and reporting procedure manual of instructions 35.76.040 prescribed by state auditor 35.76.030 state auditor to establish system 35.76.020 budgeting of expenditures 35.76.060 cost-audit examination of records 35.76.050 legislative intent of act 35.76.010 urban arterials, See HIGHWAYS, subtitle Urban arterials Street lighting systems local improvement, authority for 35.43.040 local improvement districts 35.43.110 Street poll tax, imposition and collection, towns 35.27.500 Street projects construction or improvements, prerequisite to property development alternative financing methods 35.72.050 may contract with land owner reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Street railways extension beyond city limits, limitation upon 35.84.060 granting franchises 35.85.040 local improvement of 35.43.200, 35.43.210, 35.43.220, 35.43.230 operation on new roadways 35.85.040 Street railways, See also STREET RAILWAYS; TRANSPORTATION COMPANIES, subtitle Street railways Streetcar lines, local improvement authority 35.43.040 Streets and alleys abandoned state highways as 36.75.090 access streets, classification as 35.78.010 aid in construction or maintenance of by state or county, procedure 47.24.050 alteration of speed limits by local authorities 46.61.415 annual report, submission to secretary of transportation 35.21.260 arterial highways in, designation procedure 46.61.195 arterials classification as 35.78.010 authority for local improvement 35.43.040 bicycle paths Ch. 35.75 city hardship assistance program implementation by transportation improvement board 47.26.164 classification of 35.78.010 closure or restrictions on traffic authorized Ch. 47.48 construction and maintenance agreements with county for 35.77.020 aid by state or county, procedure 47.24.050 record of funds used 35.21.270 construction of municipal water and sewer facilities by owners of real estate along county roads 35.91.020 county bridges across 36.75.200 county may aid in construction and maintenance of 47.24.050 curb ramps for physically handicapped model standards 35.68.076 required, standards and requirements 35.68.075 dedication 58.17.290 dedication of county land for 36.34.290, 36.34.300 defined motor vehicle law 46.04.120 state highway law 47.04.010 design standards deviation from, approval necessary 35.78.040 state committee for 35.78.020 uniformity 35.78.030 disincorporation, control to state 35.07.110 drawbridges Ch. 35.74 eminent domain regrade assessments 8.12.550 extension into navigable waters control of 35.21.240 declaration as public highways 35.21.230 first class cities altering grade 35.22.280 lighting of 35.22.280 funds, use for bicycle paths, authorized standards 35.75.060 grades at high elevation, first and second class cities, effect on abutting private property Ch. 35.73 improvements provision of materials to street abutter 35.21.275 incorporated into state limited access highway, vesting of title 47.52.210 jurisdictional transfers transportation improvement board to receive petitions requesting changes in state highway system 47.26.167 lighting systems local improvement districts 35.43.110 water-sewer district powers 57.08.060 local improvement, authority for 35.43.040 major arterials, classification as 35.78.010 maximum speeds 46.61.400 minimum speeds may be set 46.61.425 needs data to be supplied to transportation department 47.01.240 not to be maintained or improved by transportation department as temporary route of new highway or extension 47.04.100 obstructing is nuisance 7.48.120 obstructing or interfering with, public nuisance, penalty 9.66.010 obstructing vegetation, debris removal or destruction, procedure 35.21.310 planning agreements with county 35.77.020 include provisions for bicycle routes 35.77.015 urban arterial planning 47.26.170 preservation rating 46.68.113 public nuisances concerning 7.48.140 regrade assessments 8.12.550 second class cities cleaning 35.23.440 franchises 35.23.380, 35.23.440 providing for 35.23.440 termination in waterfront or navigable waters 35.23.410, 35.23.420 secondary arterials, classification as 35.78.010 shoulder driving, permitted, when 46.61.428 speed limits established by secretary of transportation, when 46.61.415 state design standards committee creation 35.78.020 uniform design standards, adoption of 35.78.030 state highways, as construction and maintenance 47.24.010 designation 47.24.010 (2008 Ed.) CITIES AND TOWNS franchises across bridges jointly owned and operated 47.44.040 jurisdiction, control and duties 47.24.020 return to city or town 47.24.010 telecommunications companies’ use of rights of way 80.36.040 tidelands and shorelands of first class, supervision and control 35.21.250 towns control and management 35.27.370 franchises to use and occupy 35.27.370 traffic control devices for, generally Ch. 47.36 urban arterial construction advance right-of-way, definition 47.26.320 advance right-of-way revolving fund 47.26.325, 47.26.330 long range arterial construction plans bicycle routes, to be included 35.77.015 long-range arterial construction plans 47.26.170 small city pavement and sidewalk account 47.26.340, 47.26.345 vacation of abutting fresh or salt water, limitation on 35.79.035 delayed effective date on ordinance, compensation to city for value of area vacated 35.79.030 filing copy of ordinance 35.79.030 hearing notices 35.79.020 objections prior to 35.79.020 time fixed for 35.79.010, 35.79.030 objections of abutting owners, prior to hearing 35.79.020 ordinance filing 35.79.030 general 35.79.030 petition for 35.79.010, 35.79.030 streets abutting on water, limitation on 35.79.035 title to property, amount to abutting owners 35.79.040 vested rights, effect upon 35.79.050 Streets and alleys, See also STREETS AND ALLEYS limited access facility, streets as, See HIGHWAYS, subtitle Limited access facilities urban arterial construction, See also HIGHWAYS, subtitle Urban arterial construction Streets projects construction or improvements, prerequisite to property development may contract with land owner 35.72.010 Subdivision subdivision ordinance, referral to community council 35.14.040 subdivision plat, referral to community council 35.14.040 Subdivision, See also PLATTING, SUBDIVISION AND DEDICATION OF LAND Subways, first class cities, authority to construct 35.85.050 Surety governmental construction projects, no security required for building permit issuance 35.21.470 Surface mining, regulation and enforcement Ch. 78.44 Swimming pools local improvement, authority for 35.43.040 power to acquire, compensation for use 35.21.020 Tax liens, property on sale for local improvement assessments, city payment 35.49.140 Tax on net income prohibited 36.65.030 Tax title property of county acquisition from county 35.49.150 disposition of proceeds upon resale 35.49.160 Taxation (2008 Ed.) under 20,000, general bonds of indebtedness 35.37.110 accident claim fund 35.31.060 admission tax 35.21.280 air pollution control 70.94.091 ambulance services 35.21.768 annexation of unincorporated areas, annexed area 35.13.160 business and occupation increase referendums 35.21.706 business and occupation, municipal Ch. 35.102 certain business activities, uniform rate, maximum rate established 35.21.710 voter approval for excess 35.21.711 collection by county treasurer 36.29.110 first class cities 36.29.100 other classes of cities and towns 36.29.120 community renewal property, exemptions 35.81.120 competitive telephone service 35.21.710 consolidation including annexation of cities 35.10.310 electricity, sale of by public utility districts 54.28.070 first class cities, general power 35.22.280 gambling activities authorization, limits 9.46.110 law enforcement purposes 9.46.113 general obligation bonds, sewerage systems, pledge of revenue 35.67.110 housing authorities, sums in lieu of 35.83.040 insurance companies, state preemption 48.14.020 intellectual property creating activities 35.21.855 internet services 35.21.717 leasing with option to purchase, certain exemptions 35.42.090 levies, review of by state auditor 43.09.265 local improvement guaranty fund 35.54.060 metropolitan municipal corporation tax levy, election 35.58.090 mobile telecommunications service tax procedure to correct erroneous tax 35.21.873 motor carriers, freight allocation of gross receipts 35.21.840 formula for 35.21.845 limitation, exceptions 35.21.850 municipal business and occupation tax Ch. 35.102 off-street parking, in lieu tax payments 35.86A.110 off-street parking facilities, payments in lieu of 35.86.020 power of Const. Art. 11 § 12 legislature not to impose Const. Art. 11 § 12 prepayment of taxes or assessments authorized 35.21.650 property acquired by city at local improvement proceedings 35.53.010 property tax assessment rolls, county assessor local taxes not to be imposed by legislature Const. Art. 11 § 12 power to assess and collect rests in city Const. Art. 11 § 12 limit Const. Art. 7 § 2 special assessment, uniformity in respect to persons and property required Const. Art. 7§9 public utilities located in another county 35.21.430, 35.21.440, 35.21.450 public utility district’s gross revenue 54.28.070 refunding bonds, tax levy to meet payments and interest 39.52.035 sales tax, See CITIES AND TOWNS, subtitle Local sales and use tax second class cities general assessment and levying power 35.23.440 sewerage sale acquired property, payment by city 35.67.280 sewerage systems 35.67.110 state route number 16 corridor transportation systems and facilities, exemption 35.21.718 street poll tax 35.23.371 telephone business 35.21.712 deferral of rate reduction 35.21.871 network telephone service 35.21.714, 35.21.715 toll telephone service 35.21.714 towns, property tax 35.27.370 unclassified cities general provisions 35.30.030 property tax 35.30.010 sewer systems 35.30.020 use tax, See CITIES AND TOWNS, subtitle Local sales and use tax utilities 6%, exception 35.21.870 tax limitation 35.21.865 world fairs or expositions, participation in 35.60.050 Taxicab companies cooperative agreements by political subdivisions for joint regulation 81.72.220 local regulatory powers listed 81.72.210 Taxing district relief act Ch. 39.64 Telecommunication device installation for access to emergency services 70.54.180 Telecommunications, See also TELECOMMUNICATIONS, subtitle Systems installations Telecommunications systems acquisition method for municipalities 39.04.270 Telegraph stations, first class cities, maintenance with harbor departments 35.22.330 Telephone, telegraph, and electric light lines unclassified cities, construction and maintenance 35.30.010 underground, conversion to Ch. 35.96 Telephones automatic number or location identification for 911 services, regulation prohibited 35.21.895 Temporary additional tonnage permits for motor vehicles, conditions 46.44.096 Termination of utility heating service limitations 35.21.300 Third class cities budget provisions Ch. 35.33 employees adjustment of wages, effect on budget 35.33.107 police courts courts of limited jurisdiction 3.02.010 Tidelands adjacent to exclusion in calculating the area of the city or town 35.21.160 powers and jurisdiction extended 35.21.160 leases, assessments 35.44.160 Toll facilities, contributions by cities and towns for authorized, financing, reimbursement 47.56.250 Tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 filing 35.31.020, 35.31.040 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Tourism promotion areas Ch. 35.101 Tourism-related facilities financing Ch. 67.28 Tourist promotion 35.21.700 Towns [RCW Index—page 105] CITIES AND TOWNS actions against 4.08.120 actions by in corporate name 4.08.110 advancement in classification 35.06.010 ambulance service, operation of 35.27.370 animals, control of 35.27.370 annexation, unplatted land 35.21.010 area limitation on original incorporation 35.21.010 boat harbors, marinas, docks, construction and operation 35.23.455 boundaries uncertain mayor’s request for examination 35.27.030 petition of electors 35.27.030 survey of land county commissioners’ duty 35.27.040 expense of 35.27.060 report of 35.27.050 budget provisions Ch. 35.33 buildings 35.27.370 charter, amendment of by special legislation, prohibited Const. Art. 2 § 28 classification 35.01.040 corporate stock or bonds not to be owned by Const. Art. 8 § 7 credit for energy conservation Const. Art. 8 § 10 credit not to be loaned, except Const. Art. 8 § 7 demands against, auditing and allowance of 35.27.340 dogs, licensing of 35.27.370 elections 35.27.090, 35.27.100 electric power and energy joint operating agency 35.27.610 eminent domain, power of 35.27.380 employees appointment by mayor 35.27.070 compensation 35.27.130 employees, adjustment of wages, effect on budget 35.33.107 exclusion of area from boundaries Ch. 35.16 false arrest insurance 35.23.460 fire limits, establishment of 35.27.400 fire prevention, provisions for 35.27.370 franchises, ordinances granting, requisites 35.27.330 funds, current expense, transfer of public utility earnings 35.27.510 gambling, control and punishment of 35.27.370 general welfare, ordinances to provide for 35.27.370 incorporation and annexation restrictions 35.21.010 incorporation by special legislation prohibited Const. Art. 2 § 28 indebtedness limit may be exceeded for water, light and sewers Const. Art. 8 § 6 limitation on Const. Art. 8 § 6 licensing, general power 35.27.370 limitation upon actions by 4.16.160 mayor appointment of officers and employees 35.27.070 boundaries uncertain, duty in regard to 35.27.030 duties 35.27.160 powers 35.27.160 pro tempore 35.27.160 meeting agendas notice requirements 35.27.300 moneys collection or receipt by officers 35.27.210 deposited with treasurer Const. Art. 11 § 15 use of, by official, a felony Const. Art. 11 § 14 municipal court termination agreement with county to handle criminal cases, arbitration 35.27.515 newspapers, official designation 35.27.350 nuisances, abatement of 35.27.410 officers, generally appointment by mayor 35.27.070 [RCW Index—page 106] collecting moneys, duties 35.27.210 compensation 35.27.130 elections 35.27.090 eligibility to hold office 35.27.080 enumerated 35.27.070 expenses 35.27.130 oaths and bonds of 35.27.120 pensions, notification to state auditor of nonstate plans 35.27.130 pensions, prohibition on establishment or modification of nonstate plans 35.27.130 salaries of, not to be changed during term, exception Const. Art. 11 § 8 terms not to be extended Const. Art. 11 § 8 terms of office 35.27.090 vacancies 35.27.140 ordinances franchises, granting, requisites of 35.27.330 passing, authority for 35.27.370 publication requirements 35.27.300 records of, duty of clerk to keep 35.27.310 signatures necessary 35.27.290 style 35.27.290 violations fines, penalties, limitation 35.27.370 prosecutions for 35.27.370 organization under general laws required Const. Art. 11 § 10 park commissioners 35.23.170 parking meter revenue, use 35.23.454 parking space, off-street acquisition and disposition of real property 35.27.570 authority 35.27.550 financing of 35.27.560 hearing prior to establishment 35.27.590 operation of 35.27.580 parks, purchase of land for 35.27.400 payment of claims and obligations 35.27.345 plats regulation of surveys and plats 58.10.040 resurvey and correction of 58.10.030 police courts courts of limited jurisdiction 3.02.010 police department control and direction of 35.27.240 pursuit and arrest of violators beyond town limits 35.27.240 police regulations, power to enforce Const. Art. 11 § 11 powers 35.27.370 property, acquisition and management for municipal purposes 35.27.370 prostitution, control and punishment of 35.27.370 public works contracts performance-based contracts 35.23.352 purchase and sale of real estate and personal property by 35.27.370 records duty of clerk to keep 35.27.230 what ones kept 35.27.230 reduction of town boundaries Ch. 35.16 rights, powers, and privileges 35.27.010 rivers and streams, control of 35.27.370 sanitary regulations may be enforced Const. Art. 11 § 11 service of summons on, personal service 4.28.080 sidewalks, construction and reconstruction Ch. 35.70 specific powers enumerated 35.27.370 streets and sidewalks control and management 35.27.370 franchises to use and occupy 35.27.370 taxation local, legislature not to impose Const. Art. 11 § 12 power of Const. Art. 11 § 12 property tax 35.27.370 street poll tax 35.27.500 town attorney, duties 35.27.250 town clerk consolidation with treasurer’s office abandonment 35.27.200 authorization 35.27.180 effect of 35.27.190 demands against city 35.27.340 duties 35.27.220 ordinances, books of 35.27.310 records to be kept by 35.27.230 town council journal 35.27.280 mayor to vote, when 35.27.280 meetings 35.27.270 quorum 35.27.280 resolution for payment of money 35.27.270 rules 35.27.280 town marshal control of police department, authority and duty 35.27.240 pursuit and arrest of violators beyond town limits 35.27.240 town treasurer consolidation with clerk’s office abandonment 35.27.200 authorization 35.27.180 effect of 35.27.190 duties 35.27.170 utilities, public, indebtedness retired, transfer of part of net earnings 35.27.510 water, contracting for supply of 35.27.370 Trade centers, annual service fee, distribution to cities and towns 53.29.030 Traffic congestion, comprehensive plans for 35.63.090 Traffic control devices in city limit signs 47.36.120 conformance to state standards 47.36.030 directional signs 47.36.100 duty to erect and maintain 47.36.060 erection and maintenance 47.36.100 generally Ch. 47.36 transportation department to furnish at cost 47.36.040 Traffic schools in Ch. 46.83 Traffic violations, traffic violations bureau 35.20.131 Transfer of property or contracts for use for park and recreational purposes 39.33.060 Transit commission, metropolitan municipal corporations 35.58.270 Transportation comprehensive six-year program preparation and adoption 35.77.010 public-private transportation initiatives program Ch. 47.46 Transportation authority - monorail authority, dissolution 35.95A.120 authority, powers 35.95A.050 authority subject to standards 35.95A.040 creation, ordinance 35.95A.030 creation, vote of people 35.95A.020 definitions 35.95A.010 excess levies, bonds 35.95A.070 funds and accounts, treasurer 35.95A.060 property tax levies 35.95A.100 signage, requirements for 35.95A.140 special excise tax 35.95A.080, 35.95A.130 taxes and fees, limitation 35.95A.110 vehicle license fee 35.95A.090 Transportation benefit districts authority to establish 35.21.225 generally Ch. 36.73 Transportation centers, See TRANSPORTATION, subtitle Transportation centers Transportation projects environmental review collaborative process 36.70A.430 intent 36.70A.420 Transportation systems acquisition and operation of facilities 35.92.060 acquisition of, metropolitan municipal corporations 35.58.260 (2008 Ed.) CITIES AND TOWNS authority for local improvement 35.43.040 cooperative agreements with the state to establish 47.28.140 county transportation authority acquisition of existing systems 36.57.090 employee transfers, preservation of benefits 36.57.090 exclusive operating authority, transfer of existing funds to 36.57.080 expenses, contributions to 36.57.060 exempt from motor freight carrier law 81.80.040 feasibility study, financial support payment 35.58.2712 plans and planning for 35.92.270 privately owned passenger systems, acquisition of 35.92.270 Transportation systems, See also PUBLIC TRANSPORTATION SYSTEMS; TRANSPORTATION COMPANIES street railways, See CITIES AND TOWNS, subtitle Street railways Travel expenses charge cards 42.24.115 Treasurer, See CITIES AND TOWNS, subtitle City treasurer Trees, plants, shrubs or vegetation, or debris obstruction of streets or sidewalks lien when city removes 35.21.310 removal by owner 35.21.310 Trestles, local improvement, authority for 35.43.040 Trust property, acquisition at local improvement foreclosure proceedings Ch. 35.53 Tugs and wharf boats, first class cities, regulation and control 35.22.280 Tunnels, first class cities authority to construct 35.85.050 Twenty-four hour headlight policy on state highways, may request creation by department of transportation 47.04.180 Unclassified cities adoption of powers granted to code cities 35.30.070 dog licenses, imposition and collection 35.30.010 elections alternative procedures 35.30.080 funds, sewer systems, payment of costs 35.30.020 indebtedness limitations on 35.30.040 municipal utilities, assent of voters 35.30.060 license power dogs 35.30.010 exhibitions and games 35.30.010 meeting agendas publication requirements 35.30.018 ordinances making for municipal purposes 35.30.010 publication requirements 35.30.018 violations, penalty 35.30.010 powers, generally 35.30.010 prison labor, use of 35.30.010 sewer systems construction and maintenance of 35.30.010 sewer fund 35.30.020 taxation general system of 35.30.030 liens on property 35.30.030 property tax 35.30.010 sewer systems, limitation 35.30.020 summary sales, redemption 35.30.030 telephone, telegraph, and electric light lines, construction and maintenance 35.30.010 utilities, indebtedness limitation on 35.30.060 Underground electric and communication facilities application of local improvement law to 35.96.060 assessments, special 35.96.030 (2008 Ed.) authority deemed alternative and additional 35.96.080 authorization 35.96.030 contracts for conversion, authorized, provisions 35.96.040 conversion to authorized 35.96.030 procedure 35.96.050 declaration of public interest 35.96.010 definitions 35.96.020 local improvement districts 35.96.030 local improvement law, application to 35.96.060 prior debts, contracts, obligations, etc., relating to conversion, validation of 35.96.070 procedure, notice, objections, hearing, time limitation for conversion 35.96.050 purpose 35.96.010 special assessments 35.96.030 validation of preexisting debts, contracts, obligations, etc., relating to conversion 35.96.070 Underground utility transmission lines, local improvement, authority for 35.43.040 Unfit dwellings appeal provisions 35.80.030 assessments against real property, repair, removal, or demolition cost 35.80.030 complaints contents 35.80.030 notice of hearing 35.80.030 service of 35.80.030 definitions for 35.80.020 demolition assessment lien against property 35.80.030 discrimination prohibited 35.80.040 improvement board creation 35.80.030 powers of 35.80.030 legislative purpose, declaration of 35.80.010 standards for demolition 35.80.030 standards for use and occupancy 35.80.030 Uniform state standard of traffic devices, copy of to be furnished to 47.36.030 Unplatted lands fourth class cities, restrictions on taking 35.21.010 towns 35.21.010 Urban centers new and rehabilitated multi-unit dwellings, property tax exemption qualification and procedure Ch. 84.14 Urban forest management evergreen communities act definitions 35.105.010 grant and competitive awards program 35.105.040 limitations of chapter 35.105.120 management plans and ordinances 35.105.050, 35.105.090, 35.105.100 model management plans 35.105.070 model ordinances 35.105.080 natural resources, department of, coordination with 35.105.020 partnership task force 35.105.110 recognition program 35.105.030 report to legislature 35.105.060 tree planting for energy conservation, municipal utilities to encourage 35.92.390 Urban growth areas annexations beyond growth areas prohibited 35.13.005 Urban public transportation system extension beyond city limits, limitation beyond 35.84.060 Urban renewal community redevelopment financing Ch. 39.88 Urban transportation systems, See CITIES AND TOWNS, subtitle Transportation systems Use tax, See CITIES AND TOWNS, subtitle Local sales and use tax Utilities administration, oversight, or supervision by city or town employees reimbursement by utility 35.33.123, 35.34.205 biodiesel, ethanol, and blends production and distribution 35.92.440 cities in county with a population of two hundred ten thousand or more west of Cascades, support of cities and towns in which facilities located 35.21.422 deposit to guarantee payment 35.21.217 electricity, attachments to poles 35.21.455 electricity, telephone, natural gas, or steam energy business tax limitations 6%, exception 35.21.870 electricity, telephone, or natural gas business tax limitation 35.21.865 electricity, telephone, or natural gas business or provider fees for administrative costs 35.21.860 environmental mitigation 35.92.430 payment delinquencies by tenant, lien 35.21.217 Utilities, See also CITIES AND TOWNS, subtitle Electrical utilities; CITIES AND TOWNS, subtitle Public utilities Utility local improvement districts assessments, alternate method of computation 35.44.047 collection of assessments, duties 35.49.010 conversion from local improvement district 35.43.043 conversion of local improvement district into utility local improvement districts 35.43.043 initiation of proceedings initiation by petition of district lying outside city or town, legislative authority may deny petition 35.43.075 protest of proceedings 35.43.180 restraints on proceedings, protest filing 35.43.180 protest to utility local improvements, procedure 35.43.180 utility local improvement districts outside city or town, divestment of jurisdiction 35.43.180 Utility local improvement districts, See also LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Utility local improvement districts Utility services budget billing or equal payment plan 35.21.300 connection charges, waiver for low-income persons 35.21.305, 35.41.080 cut-off notices by owners, effect 35.21.290 ownership by municipality cutting off services 35.21.300 disputed accounts 35.21.300 enforcement of lien 35.21.300 liens for services 35.21.290 Vacancy in nonpartisan governing body filling of vacancy 42.12.070 Valuation of taxable property, cities and towns under 20,000, limitation on indebtedness 35.37.040 Vehicles confidential license plates 46.08.066 marking requirements, exceptions 46.08.065 remarking of previously marked vehicles 46.08.068 second class cities, regulation of speed 35.23.440 violations of license plate or marking requirements 46.08.067 Venereal diseases, See VENEREAL DISEASES Vessels, abandoned or derelict 35.21.407 Veterans’ organizations, providing of meeting places for 73.04.070 Viaducts, first class cities [RCW Index—page 107] CITIES AND TOWNS authority to construct 35.85.010 Vital statistics, See also VITAL STATISTICS Vital statistics registrar 70.58.020 Volunteer firemen, See VOLUNTEER FIREMEN Volunteer labor, nominal compensation not deemed salary 49.46.065 Wards first class cities, division of city into 35.22.370 Warrants accident claim fund 35.31.050 airports 14.08.118 call for by treasurer 35.21.320 cancellation after one year 39.56.040 cities and towns under 300,000, emergency expenditures 35.33.101 cities under 300,000, funds received from, expenditures from 35.33.131 claims fund 35.21.085 interest rate 35.21.320, 39.56.020 lost or destroyed, procedure 39.72.010, 39.72.020 payment of 35.21.320 principal and interest on outstanding warrants to be included in appropriation in final budget Ch. 35.33 payrolls fund 35.21.085 public utility funds 35.92.100 rate fixed by issuing officer 39.56.030 special revenue 35.41.050 Washington health care authority, advancements, contributions to, authorized 70.37.110 Waste disposal, See CITIES AND TOWNS, subtitle Sewerage systems; SEWER DISTRICTS Waste treatment plant operators, certification, See WASTE TREATMENT PLANT OPERATORS Water distribution systems conveyance by water districts 57.08.020, 57.08.040 conveyance by water-sewer districts 57.08.030 Water districts city or town taking over part of district, effect 57.08.035 Water districts, See also WATER-SEWER DISTRICTS Water mains, hydrants, and appurtenances, local improvement, authority for 35.43.040 Water pollution abatement of action by sheriff 35.88.050 declaration of nuisances 35.88.030 depositing unwholesome matter in waters, public nuisance, penalty 9.66.050 detergent phosphorus content Ch. 70.95L enforcement by health officers 35.88.060 injunction proceedings 35.88.070 project financing, contracts for state aid 90.48.285 prosecution and trial of offenders 35.88.050 public utility districts, powers in regard to 54.16.050 punishment for creating or maintaining nuisances 35.88.040 sewerage discharged into streams, certain cities prohibited from 35.88.080 special police, authorization for 35.88.020 supply sources, authority over 35.88.010 waste disposal permits 90.48.160, 90.48.162, 90.48.165, 90.48.170, 90.48.180, 90.48.190, 90.48.195, 90.48.200 water supply generally 70.54.010 watersheds in adjoining state 70.54.030 Water quality enhancement, local improvement, authority for 35.43.040 Water revenue bonds, mutual savings banks, investment in 32.20.070, 32.20.100 Water run-off comprehensive plan to address 35.63.090 Water services [RCW Index—page 108] cutting off, method of enforcing sewerage lien 35.67.290 Water systems authority to provide for 35.21.210 auxiliary fire prevention, acquisition and regulation of 35.21.030 bonds refunding Ch. 39.52 Canadian corporations, contracts with 35.92.400 charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 city assumption of substandard systems, limited immunity from liability 35.13A.100 combined sewerage, water, and garbage systems collection and disposal 35.67.331 statutes to control 35.67.340 statutes to govern 35.67.340 connections charges for 35.92.025 contracts for outside services 35.92.200 defined 35.89.100 electricity generation 35.92.010, 35.92.070 extension beyond city limits 35.92.170 first class cities 35.22.280 interest payments 35.89.070 irrigation and domestic purposes acquisition of water rights 35.92.220 acquisition by purchase of shares in water users’ association or corporation 35.92.263 mode of assessment 35.92.260 special assessments 35.92.230 existing districts (irrigation, water supply) validated 35.92.265 irrigation district property, condemnation 35.92.190 municipal water and sewer facilities act approval and acceptance by municipality 35.91.030 charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 construction along county roads 35.91.020 construction by owners of real estate 35.91.020 contracts with owners of real estate 35.91.020 declaration of purpose 35.91.010 owner’s pro rata share of cost 35.91.050 taps or connections 35.91.040 principal payments, payment from water redemption fund 35.89.080 property acquisition beyond city limits 35.92.180 second class cities 35.23.440, 35.23.560, 35.23.570, 35.23.580 sewerage system as part of 35.67.340 towns, contracting for 35.27.370 violations of water system law 35.89.090 water conservation equipment, authority to assist customer acquisition of 35.92.017 water redemption bonds authority to issue 35.89.010 exchange for local improvement district bonds 35.89.030 payment from water redemption fund 35.89.060, 35.89.080 subrogation of city 35.89.030 terms of 35.89.020 water redemption fund creation 35.89.040 payment of water redemption bonds 35.89.060 sources 35.89.050 water rights acquisition for irrigation and domestic uses 35.92.220 water-sewer district’s property, boundaries identical with, acceptance and operation of 35.92.012 waterworks acquisition and operation of 35.92.010 Canadian corporations, contracts with 35.92.400 classification of services for rates 35.92.010 out-of-state acquisition and operation 35.92.014 joint actions 35.92.015 water conservation 35.92.010 Water systems, See also CITIES AND TOWNS, subtitle Public utilities Watercourses and waterways authority to construct 35.21.090 construction and lowland fill areas Ch. 35.56 dock lines, establishment 35.56.210 first class cities, regulation 35.22.280 second class cities 35.23.440 Water-sewer districts assumption of jurisdiction authorized 35.13A.020 cities with fewer than two hundred fifty customers 35.13A.111 contracts 35.13A.070 definitions 35.13A.010 disposition of properties and rights, outstanding indebtedness 35.13A.020, 35.13A.050 dissolution of district 35.13A.080 employment and rights of district employees 35.13A.090 management and control 35.13A.020 territory containing facilities within or without city 35.13A.050 when district in more than one city 35.13A.060 when less than sixty percent of area within city 35.13A.040 when sixty percent or more of area within city 35.13A.030 boundaries identical with acceptance and operation 35.92.012 contracts for services to property owners, conditions 57.08.044 dissolution when boundaries identical with municipality 57.04.110 inclusion within boundaries 57.04.020 Water-sewer facility relocation projects consultation 35.21.905 Watersheds cooperative watershed management 35.67.380 restoration permits 35.63.230 Waterways, See CITIES AND TOWNS, subtitle Watercourses and waterways Waterworks, See WATER WORKS AND SYSTEMS Weed districts, organization, powers, and duties Ch. 17.04 Weeds, See WEEDS Weights and measures first class cities, regulating in markets 35.22.280 second class cities, regulation of 35.23.440 Wharves, docks, and landings Ch. 88.24 Wharves and landings first class cities, leasing of, limitation 35.22.410 generally, See WHARVES, DOCKS AND PIERS as part of state highway system Ch. 47.24 Whistleblower protection proceedings administrative law judge assignment of judge to conduct proceedings at request of local government 34.12.038 costs for proceedings, allocation of responsibility for 34.12.039 Women, care while under confinement 35.66.050 Workers’ compensation (2008 Ed.) CITIES—OPTIONAL MUNICIPAL CODE offenders performing community restitution 35.21.209 World fairs or expositions cities and towns participation, powers, generally 35.60.030 World fairs or expositions, See also WORLD FAIRS OR EXPOSITIONS, subtitle Cities and towns participation World War II reparations municipal employees, redress 41.04.580, 41.04.585, 41.04.590, 41.04.595 Youth agencies, establishment by 35.21.630 Zoning appearance of fairness doctrine Ch. 42.36 moratoria and interim zoning controls first class cities planning under charter subject to limitations on 35.22.690 limit placed on period for which moratorium or control adopted may be effective 35.63.200 public hearing required after adoption if not held before adoption 35.63.200 restrictions on real property, statement available to property owners 35.21.475 zoning ordinance, referral to community council 35.14.040 Zoos and aquariums management contracts 35.64.010, 35.64.020 CITIES—OPTIONAL MUNICIPAL CODE (See also CITIES AND TOWNS) 911 automatic number or location identification, regulation prohibited 35A.21.275 Abandonment of charter code city classification, provisions applicable Ch. 35A.10 initiative and referendum power, noncharter code city 35A.11.080 noncharter code city classification election without reorganization 35A.06.070 Accident claims and funds Ch. 35A.31 Adoption of charter as charter code city amendment, generally Ch. 35A.09 authorized 35A.08.010 charter, authentication of charter 35A.08.120 charter commission expenses of members, consultants and assistants 35A.08.060 public hearing on charter 35A.08.070 election ballot titles 35A.08.100 certificates of election to officers, effective date 35A.08.110 conduct 35A.08.090 resolution or petition for 35A.08.030 election of officers, publication 35A.08.080 election on question, election of freeholders 35A.08.040 notice, publication 35A.08.080 organization of charter commission, vacancies, duties 35A.08.050 petition for election 35A.08.030 population determination 35A.08.020 procedure, generally Ch. 35A.08 public hearing by charter commission 35A.08.070 resolution for election 35A.08.030 submission of charter to people 35A.08.080 Adoption of charter code city classification, provisions applicable Ch. 35A.10 Aeronautics, airport operation, planning and zoning 35A.24.010 Agricultural land exclusion from incorporated area 35A.16.080 Airport operation, planning and zoning 35A.24.010, 35A.63.270 Alcoholic beverages, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Alcoholic beverages Amateur radio antennas regulation to conform with federal law 35A.21.260 (2008 Ed.) Amendment of charter, generally Ch. 35A.09 Annexation alternative direct petition method effective date of annexation 35A.14.450 notice of hearing 35A.14.430 ordinance providing for annexation 35A.14.440 procedures 35A.14.420 annexations beyond urban growth areas prohibited 35A.14.005 boundaries, use of right of way as corporate boundary, when allowed 35A.14.410 boundary review board, effect upon review board 35A.14.160 county commissioners, consent required for certain property 35A.14.010 direct petition method assumption of indebtedness 35A.14.120 effective date 35A.14.150 hearing 35A.14.130, 35A.14.140, 35A.14.150 notice of hearing 35A.14.130 notice to legislative body 35A.14.120 ordinances providing for annexation 35A.14.140 procedure 35A.14.120 proposed zoning regulation 35A.14.120 election method approval, assumption of indebtedness, required majority 35A.14.085 approval, indebtedness not assumed, required majority 35A.14.085 assumption of indebtedness 35A.14.080 certification of results 35A.14.080 community municipal corporation may be created simultaneously with annexation of territory 35A.14.025 date for election 35A.14.050 effective date 35A.14.100 hearing by review board 35A.14.040 notice of 35A.14.040 method is alternative in addition to other methods 35A.14.110 notice 35A.14.070 ordinance assumption of indebtedness 35A.14.090 generally 35A.14.090 petition for election filing of petition as approved 35A.14.030 procedure 35A.14.020 resolution for, contents of 35A.14.015 review board 35A.14.050 decision, filing, date for election 35A.14.050 hearing 35A.14.040 vote required 35A.14.080 federal areas authority over area 35A.14.320 authority to annex 35A.14.310 ordinance, provisions 35A.14.320 franchises, cancellation or acquisition for operation 35A.14.900 information may be provided to public 35A.14.550 municipal purposes, authority 35A.14.300 petitions, sufficiency 35A.01.040 population, determination, certificate, revised certificate, basis for state funds 35A.14.700 proposed zoning regulations hearing, notice, filings and recordings 35A.14.340 purposes of regulations and restrictions 35A.14.330 review board composition 35A.14.160 determination, factors considered, filing of findings and decisions 35A.14.200 election method 35A.14.050 hearing 35A.14.040 judicial review 35A.14.210 members appointment 35A.14.160 appointment by mayors of charter code cities 35A.14.160 nominations, vacancy 35A.14.170 terms 35A.14.180 organization, rules, journal, authority 35A.14.190 when review procedure may be dispensed with 35A.14.220 taxes collected in annexed territory 35A.14.801 territory subject to annexation, conditions 35A.14.231 unincorporated island of territory within city ordinance 35A.14.297 referendum 35A.14.297 effective date if no referendum 35A.14.299 resolution, notice of hearing 35A.14.295 urban growth areas, territory within procedures 35A.14.460, 35A.14.470 water, sewer and fire districts assets, ownership of, when less than sixty percent of assessed valuation of fire district is annexed 35A.14.400 outstanding indebtedness, effect 35A.14.500 ownership of assets of fire protection district, fire protection responsibility when more than sixty percent is annexed 35A.14.380 water or sewer service, application of chapter to annexations involving 35A.14.901 Board of adjustment, planning and zoning, powers and duties 35A.63.110 Bonds coupons, execution by proxy 35A.36.020 crimes relating to, overprinting 35A.36.040 execution by proxy appointment of proxies 35A.36.010 coupons 35A.36.020 facsimile signatures, printing 35A.36.020 liability of officer 35A.36.050 notice to council 35A.36.060 overproduction is crime 35A.36.040 revocation of proxy 35A.36.070 facsimile signatures, execution by proxy 35A.36.020 finance officers deputy finance officers 35A.36.030 exemptions 35A.36.030 form, terms and maturity 35A.40.080 municipal revenue bond act 35A.40.070 revocation of proxy, execution of bonds by proxy 35A.36.070 Boundaries annexation use of right of way as corporate boundary, when allowed 35A.14.410 public streets, any portion of right of way replaced by right of way line 35A.21.210 reduction of city limits, See CITIES— OPTIONAL MUNICIPAL CODE, subtitle City limits, reduction revision of, substitution of right of way line for any portion of street right of way line action not subject to review by boundary review board 35A.21.210 right of way line substitution for any portion of public street right of way 35A.21.210 Boundaries and plats alteration and vacation of plats 35A.58.020 locating corners and boundaries 35A.58.010 platting and subdivision of land 35A.58.030 Boundary review boards city actions subject to board review 35A.03.001, 35A.05.001, 35A.14.001, 35A.15.001, 35A.16.001 Budgets ad valorem tax, levy for 35A.33.135 adjustments 35A.33.120 adoption 35A.33.075 applicability of chapter 35A.33.020 appropriations 35A.33.102 unexpended, effect 35A.33.150 audit 35A.33.110 [RCW Index—page 109] CITIES—OPTIONAL MUNICIPAL CODE biennial budgets accounting system, state auditor duties 35A.34.190 adoption 35A.34.120 applicable law 35A.34.020 budget estimates 35A.34.050, 35A.34.060 budget message 35A.34.090 contingency fund 35A.34.250, 35A.34.260 definitions 35A.34.030 emergency expenditures nondebatable emergencies 35A.34.140 other emergencies 35A.34.150 warrants 35A.34.160 employees, adjustment of wages, hours, and conditions 35A.34.180 establish by ordinance 35A.34.040 funds, expenditures, transfers, adjustments 35A.34.200 funds from bond and warrant sales, expenditures 35A.34.220 hearings 35A.34.090, 35A.34.100, 35A.34.110 liabilities in excess of budget 35A.34.210 mid-biennial review and modification 35A.34.130 preliminary budgets 35A.34.070, 35A.34.080 quarterly fund status report 35A.34.240 registered warrants 35A.34.170 revenue estimates 35A.34.230 unexplained appropriations 35A.34.270 violations and penalties 35A.34.280 bonds, funds from sales of, and warrants 35A.33.130 budget estimates 35A.33.030 classification and segregation 35A.33.040 officers duties 35A.33.030 budget message 35A.33.055 definitions 35A.33.010 emergency expenditures hearing 35A.33.090 nondebatable emergencies 35A.33.080 warrants, payments 35A.33.100 employees, adjustment of wages permissible 35A.33.105 expenditures funds received from sale of bonds 35A.33.130 limitations 35A.33.125 void, effect 35A.33.125 final budget adoption 35A.33.075 hearing 35A.33.070 notice of hearing 35A.33.060 forms 35A.33.110 funds bond sales and warrants 35A.33.130 bonds, funds received from sale of, expenditures 35A.33.130 contingency fund creation 35A.33.145 withdrawals 35A.33.146 limitations on expenditures 35A.33.120 reports, quarterly report of status 35A.33.140 special purpose 35A.37.010 transfers and adjustments 35A.33.120 hearing, final budget 35A.33.070 officers, budget estimate, duties 35A.33.030 preliminary budget 35A.33.052 proposed 35A.33.050 preliminary hearings 35A.33.055 proposed preliminary budget 35A.33.050 registered warrants, appropriations 35A.33.102 reports, quarterly report of funds status 35A.33.140 state supervision 35A.33.110 taxes, ad valorem tax, levy for 35A.33.135 transfers and adjustments 35A.33.120 utility administration, oversight, or supervision by city staff reimbursement 35A.33.122, 35A.34.205 violations and penalties 35A.33.160 [RCW Index—page 110] wages, employees wage adjustment permissible 35A.33.105 warrants emergency expenditures 35A.33.100 funds received from sale of bonds 35A.33.130 Building permits state agency or local government cannot be required to provide bond or other security as condition of issuance of permit 35A.21.250 Buildings, construction standards required 35A.70.040 Census annexation, certificate, revised certificate, as basis for allocation of state funds 35A.14.700 population determination 35A.44.010 Certification of ordinance, reorganization of charter city as charter code city 35A.07.040 Change of plan or classification of municipal government definitions 35A.01.070 Charter code city abandonment of charter code city classification authorization 35A.10.020 election 35A.10.030 limitation on election 35A.10.040 resolution or petition for change of classification 35A.10.030 accident claims, provisions cumulative 35A.31.050 adoption and abandonment of charter code city classification, provisions applicable Ch. 35A.10 adoption of charter code city classification, limitation on election 35A.10.040 amendment or revision of charter election 35A.09.040 conduct 35A.09.060 effect of favorable vote 35A.09.070 freeholders 35A.09.030 initiated by legislative body 35A.09.010 petition for charter commission 35A.09.030 petition for submission of 35A.09.020 publication of proposed charter 35A.09.050 annexation, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Annexation civil procedure, actions by and against code cities 35A.21.195 conflict between charter and optional code, effect 35A.21.020 council-manager plan of government, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Council-manager plan of government definition 35A.01.030 elective city officers 35A.12.010 laws applicable 35A.10.010 mayors, appointment of members to annexation review board by mayor 35A.14.160 name 35A.11.010 powers, legislative bodies 35A.11.020 provisions affecting all code cities Ch. 35A.21 reorganization of charter city as authorized 35A.07.010 reorganization of charter city as charter code city, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Reorganization rights, powers and privileges, generally 35A.11.010 seal 35A.11.010 Charter commission, adoption of charter as charter code city election officers, publication 35A.08.080 expenses, consultants and assistants 35A.08.060 organization, vacancies, duties 35A.08.050 public hearing 35A.08.070 submission of charter to people 35A.08.080 Charters adoption of charter as charter code city authentication of charter 35A.08.120 amendment or revision of charter, generally Ch. 35A.09 comprehensive plan, construction of inconsistent provisions 35A.63.130 Checks, drafts, or warrants of employees authorization to cash 35A.40.110 Child care facilities family day care provider’s home facility allowed 35A.63.215 review of need and demand for, implementation of findings 35A.63.210 City attorney, preparation of ballot title, election for organization as noncharter code city, incorporated municipality 35A.02.060 City clerks and controllers, duties and powers 35A.42.040 City limits, reduction agricultural land, exclusion 35A.16.080 effect as to liability for indebtedness 35A.16.060 effective date 35A.16.040 election abstract of vote 35A.16.030 petition or resolution for 35A.16.010 franchises, effect upon 35A.16.070 ordinance, recording 35A.16.050 plat, recording 35A.16.050 City treasurer, miscellaneous authority and duties 35A.42.010 Civil procedure actions by and against code cities 35A.21.195 limitation of actions 35A.21.200 Civil service firefighters and police officers, limitations on 35A.11.020 law applicable 35A.41.020 Claims council-manager plan of government, audit and allowance of claims 35A.13.210 mayor-council plan of government, audit and allowance of claims 35A.12.170 warrants, interest rate, payment 35A.21.110 Claims against city accident fund surplus to general fund 35A.31.080 tax levy for fund 35A.31.070 warrants for judgments 35A.31.060 charter cities, filing procedure 35A.31.010 charter code cities, provisions cumulative 35A.31.050 liberal construction 35A.31.020 limitation 35A.31.010 manner of filing 35A.31.030 referral and report on 35A.31.030 statement of residence required, time for filing, verification 35A.31.010 Clerk certification of ordinance, organization as noncharter code city, incorporated municipality 35A.02.040 reorganization of charter city as charter code city 35A.07.040 Code city definition 35A.01.035 generally Ch. 35A.01 Code of ethics 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 Columbia River Gorge commission, conform with law 35A.63.200 Community municipal corporations may be created simultaneously with annexation of territory by election method 35A.14.025 Community service by offenders workers’ compensation and liability insurance coverage 35A.21.220 Consolidation applicable law 35A.05.005 Construction (2008 Ed.) CITIES—OPTIONAL MUNICIPAL CODE becoming code city, effects on prior rights and actions, and ordinances 35A.90.010 general law 35A.01.050 severability 35A.90.020 title, chapter, section headings not part of law 35A.90.030 Contracts acquisition of public property by conditional sales contracts 35A.64.010 electrical energy, for 35A.80.020 fiscal, general law applicable 35A.40.200 public works, procedures 35A.40.210 Conversion, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Organization as noncharter code city Council mayor-council plan of government powers, generally 35A.12.190 Council-manager plan of government city manager bond and oath 35A.13.070 department heads, authority 35A.13.100 interference by council members 35A.13.120 powers and duties 35A.13.080 qualifications 35A.13.050 removal reply and hearing 35A.13.140 resolution and notice 35A.13.130 serve two or more cities 35A.13.060 subordinates, qualifications, terms 35A.13.110 substitute 35A.13.150 city officers 35A.13.010 claims, audit and allowance 35A.13.210 complete form of government 35A.06.010 council adoption of code by reference 35A.13.180 election 35A.13.020 eligibility, terms, vacancies, forfeiture of office 35A.13.020 meetings, quorum, rules, voting 35A.13.170 members, service as volunteer firefighters, reserve law enforcement officers, or volunteer ambulance personnel 35A.11.110 powers 35A.13.230 councilmen compensation, expenses 35A.13.040 interference with city manager 35A.13.120 departments, offices and employment, compensation 35A.13.090 mayor designation of council position number one by voters 35A.13.033 election by council, duties, mayor pro tempore 35A.13.030 pro tempore 35A.13.035 meetings, quorum, rules, voting 35A.13.170 officers, oath and bond 35A.13.160 ordinances authentication, recording and publication 35A.13.200 style, requisites, veto 35A.13.190 powers 35A.13.230 vacancy in office of mayor, mayor pro tempore 35A.13.035 wards, optional division 35A.13.220 Councilmembers, See also CITIES— OPTIONAL MUNICIPAL CODE, subtitle Officers Councilmen notice to councilmen, execution of bonds by proxy 35A.36.060 County treasurer ex officio collector of city taxes 35A.84.030 Creation, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Organization as noncharter code city Crimes and criminal procedure bonds, overproduction 35A.36.040 violation of budget act, penalty 35A.33.160 Criminal cases (2008 Ed.) agreement with county to handle, arbitration 35A.11.200 Criminal violations punishment to be the same as for violation of state law for the same crime 35A.11.020 Curfew for juveniles 35A.11.210 Debts, bankruptcy, readjustment and relief from 35A.40.100 Definitions councilman 35A.01.080 Derelict vessels 35A.21.320 Disincorporation authority 35A.15.010 claims against the city, priority 35A.15.070 effect, powers, offices 35A.15.050 election 35A.15.020 ballots and election results 35A.15.040 involuntary dissolution 35A.15.110 petition 35A.15.010 receiver 35A.15.020 claims against the city, priority 35A.15.070 compensation 35A.15.080 duties and authority 35A.15.070 final account and discharge 35A.15.100 qualification, bond, when appointment 35A.15.060 removal for cause 35A.15.090 resolution 35A.15.010 successive appointments 35A.15.090 receivers applicability of receivership law 35A.15.105 District court criminal cases agreement with county to handle, arbitration 35A.11.200 Economic opportunity act programs, participation in 35A.11.060 Elections adoption of charter as charter code city ballot titles 35A.08.100 conduct of election 35A.08.090 effective date 35A.08.110 election of officers 35A.08.080 election on question, election of freeholders 35A.08.040 freeholders, election of 35A.08.040 resolution or petition for election 35A.08.030 amendment or revision of charter 35A.09.040 conduct of elections 35A.09.060 annexation assumption of indebtedness 35A.14.080 certification of results 35A.14.080 notice 35A.14.070 vote required 35A.14.080 annexation referendum unincorporated island of territory within city 35A.14.297 code city 35A.14.299 ballot titles 35A.29.120, 35A.29.130 city limits, reduction 35A.16.010, 35A.16.030, 35A.16.040, 35A.16.050, 35A.16.060, 35A.16.070 canvass of returns, abstract of vote 35A.16.040 conduct 35A.29.151 disincorporation 35A.15.020 ballots and election results 35A.15.040 freeholders, charter code city, amendment or revision of charter 35A.09.030 initiative and referendum powers, adoption by noncharter code city 35A.11.080, 35A.11.090, 35A.11.100 intoxicating liquors, local option on sale of 35A.66.020 mayor-council plan of government wards, optional division 35A.12.180 new officers, organization as noncharter code city, incorporated municipality 35A.02.050 exception where some general plan of government is retained 35A.02.055 officers mayor-council plan of government, generally, terms 35A.12.040 officers on reorganization as noncharter code city, incorporated municipality, filing 35A.02.080 organization as noncharter code city incorporated municipality ballot titles prepared by city attorney 35A.02.060 new officers 35A.02.050 exception where some general plan of government is retained 35A.02.055 recall 35A.29.180 referendum organization of noncharter code city, incorporated municipality 35A.02.025, 35A.02.035 power of, adoption by noncharter code city 35A.11.080, 35A.11.090, 35A.11.100 reorganization of charter city as charter code city 35A.07.025 referendum petitions, effect 35A.29.170 reorganization of charter city as charter code city effective date 35A.07.070 petition for election 35A.07.050 resolution for election 35A.07.060 Electrical codes, state safety regulations 35A.70.050 Electrical utilities authority to enter into contracts or compacts 35A.80.020 joint operating agency, purchase from 35A.80.050 laws applicable 35A.21.120 Electricity, generation of utilities, law applicable 35A.21.120 Emergency services, local organization 35A.38.010 Eminent domain, authority 35A.64.200 Employee checks, drafts, or warrants authorization to cash 35A.40.110 Expenses and per diem councilmen, council-manager plan of government 35A.13.040 mayor-council plan of government, elective officers 35A.12.070 receiver, disincorporation Ch. 35A.15 Federal areas, annexation 35A.14.310 authority over territory 35A.14.320 Financial transactions, limits on regulations 35A.21.330 Fire departments definitions 35A.92.020 evaluations and report, annual 35A.92.040 legislative intent 35A.92.010 policy statement 35A.92.030 service delivery options 35A.92.030 Fiscal accident fund surplus to general fund 35A.31.080 warrants for judgments 35A.31.060 accounting, provisions applicable 35A.40.010 bankruptcy, readjustment and relief from debts 35A.40.100 bonds form, terms and maturity 35A.40.080 provisions applicable 35A.40.010 checks, when city may use 35A.40.020 debts, validation and funding of debts 35A.40.060 estimated revenues and appropriations for each fund, required 35A.13.035 funds investment of 35A.40.050 provisions applicable 35A.40.010 indebtedness 35A.40.090 indebtedness, provisions applicable 35A.40.010 investment of funds 35A.40.050 municipal revenue bond act 35A.40.070 public depositaries designation 35A.40.030 [RCW Index—page 111] CITIES—OPTIONAL MUNICIPAL CODE public works and contracts 35A.40.200 validation and funding of debts 35A.40.060 warrants, interest rate, payment 35A.21.110 Fiscal, See also CITIES—OPTIONAL MUNICIPAL CODE, subtitle Budgets Fiscal year 35A.21.170 Fish enhancement projects liability 35A.21.290 permit processing 35A.63.250 Flags, display 35A.21.180 Food and drugs authority to protect 35A.69.010 Franchises effect of reduction of city limits 35A.16.070 Franchises and permits, streets and highways 35A.47.040 Freeholders adoption of charter as charter code city, election of freeholders, election on question 35A.08.040 amendment or revision of charter of charter code city 35A.09.030 Funds accident fund 35A.31.060, 35A.31.070, 35A.31.080 legal aid, appropriation of funds for 2.50.125 segregation of special purpose funds required 35A.37.010 special funds, segregation and accounting required 35A.37.010 Garbage, ordinance, lien, foreclosure 35A.21.060 Governor, annexation review board, appointment of members 35A.14.160 Harbors and navigation discharge of ballast 35A.88.010 general law applicable 35A.88.030 wharves and landings 35A.88.020 Health and safety alcoholism, standards for institutions 35A.66.010 boarding homes, regulation 35A.70.020 buildings, construction standards 35A.70.040 city electrical codes 35A.70.050 elevators, moving walks 35A.70.060 food and drugs 35A.69.010 intoxicating liquors alcoholism, standards for institutions 35A.66.010 local option on sale of 35A.66.020 mental illness 35A.70.070 vital statistics 35A.70.070 Hearing examiner system, planning and zoning, adoption authorized alternative, functions, procedures 35A.63.170 Historical activities, general laws applicable 35A.27.010 Incorporation, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Organization as noncharter code city Indebtedness effect of reduction of city limits upon 35A.16.060 general provisions 35A.40.090 Initiative and referendum powers, noncharter code city 35A.11.080, 35A.11.090, 35A.11.100 Initiative petitions, sufficiency 35A.01.040 Intergovernmental cooperation authority 35A.11.040 joint facilities and agreements, authorized 35A.35.010 planning and zoning joint meetings and cooperative action on 35A.63.030 Interpretation, purpose and policy of optional municipal code 35A.01.010 Intoxicating liquors enforcement of state law 35A.66.020 local option 35A.66.020 sharing proceeds of liquor profits and excise tax 35A.66.020 Involuntary dissolution 35A.15.110 [RCW Index—page 112] Labor, regulations, safety regulations, discrimination in employment, hours, wages 35A.49.010 Liability insurance offenders performing court-ordered community restitution 35A.21.220 Libraries, general law applicable Ch. 35A.27 Licenses and permits excise taxes for regulation 35A.82.020 fees upon certain business activities, single uniform rate 35A.82.050 massage practitioners 35A.82.025 streamlined sales and use tax agreements 35A.21.335 telephone business 35A.82.055 telephone toll service 35A.82.060 Liens general law applicable 35A.60.010 utility services 35A.21.100 Limitation of actions 35A.21.200 accident claims against city 35A.31.010 Limitations, elections on adoption and abandonment of charter code city classification 35A.10.040 Local improvement districts assets, public lands subject to 35A.43.020 general law applicable 35A.43.010 Local service districts, application of laws Ch. 35A.56 Manufactured housing housing communities, elimination 35A.63.146 moving or installation in mobile home park, permit 35A.21.310 placement or use of homes 35A.21.312 zoning prohibitions, review 35A.63.145 Mayor-council plan of government appointive officers 35A.12.020 compensation 35A.12.020 duties 35A.12.020 chief law enforcement officer, appointment, duties, compensation 35A.12.020 city clerk appointment, duties, compensation 35A.12.020 merger with city treasurer 35A.12.020 claims, audit and allowance 35A.12.170 complete form of government 35A.06.010 council meetings 35A.12.110 powers, generally 35A.12.190 quorum, voting 35A.12.120 rules 35A.12.120 elections, wards, optional division 35A.12.180 elective city officers 35A.12.010 meetings, council 35A.12.110 officers appointment and removal, terms 35A.12.090 compensation, expenses 35A.12.070 elections, terms 35A.12.040 eligibility 35A.12.030 mayor, duties and authority, generally 35A.12.100 oath and bond 35A.12.080 pro tempore appointments 35A.12.065 vacancies, filling 35A.12.050 vacancy for nonattendance 35A.12.060 veto, tie breaking votes 35A.12.100 ordinances adoption of codes by reference 35A.12.140 authentication and recording 35A.12.150 publication 35A.12.160 style, requisites, veto 35A.12.130 wards, optional division 35A.12.180 Meeting agendas public notice 35A.12.160 Meetings, mayor-council plan of government 35A.12.110 Mental illness, general laws applicable 35A.70.070 Merit system firefighters and police officers, limitation 35A.11.020 Merit systems 35A.21.040 Metropolitan municipal corporations may be formed around code city 35A.57.020 Mobile homes moving or installation in mobile home park, permit 35A.21.310 zoning prohibitions, review 35A.63.145 Motor vehicles regulation, state law applicable 35A.46.010 Municipal court criminal cases agreement with county to handle, arbitration 35A.11.200 Municipal court, See also COURTS OF LIMITED JURISDICTION Museums, general law applicable 35A.27.010 Name, change of 35A.21.140 charter code cities 35A.11.010 noncharter code city 35A.11.010 Newspaper, designation of official newspaper 35A.21.230 Newspaper carriers under eighteen years of age, licensing prohibited 35.21.696 Noncharter code city abandonment of classification without reorganization 35A.06.070 abandonment of plan of government 35A.06.030, 35A.06.040, 35A.06.050 reorganization, effective date 35A.06.060 reorganization under plan adopted, effective date 35A.06.060 annexation, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Annexation civil procedure, actions by and against code cities 35A.21.195 council-manager plan of government, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Council-manager plan of government definition 35A.01.020 elective city officers 35A.12.010 general provisions affecting all code cities Ch. 35A.21 applicable to adoption and abandonment of classification or plan of government Ch. 35A.06 initiative and referendum powers 35A.11.080, 35A.11.090, 35A.11.100 laws applicable to 35A.06.020 laws governing 35A.11.010 mayors, appointment of members to annexation review board 35A.14.160 name 35A.11.010 powers, legislative bodies 35A.11.020 powers and privileges 35A.11.010 reorganization of plan of government, effective date 35A.06.060 seal 35A.11.010 Notice adoption of charter as charter code city 35A.08.080 amendment or revision of charter, publication of proposed charter 35A.09.050 annexation direct petition method, notice of hearing 35A.14.130 election method, hearing by review board 35A.14.040 comprehensive plan, planning and zoning 35A.63.070 ordinances, council-manager plan of government 35A.13.200 publication of legal notice, general requirement 35A.65.020 Oath and bond, officers council-manager plan of government 35A.13.160 mayor-council plan of government 35A.12.080 Offenders performing community restitution (2008 Ed.) CITIES—OPTIONAL MUNICIPAL CODE workers’ compensation and liability insurance coverage 35A.21.220 Office hours, prescribed by ordinance 35A.21.070 Officers adoption of charter as charter code city, election, certificates of 35A.08.110 budget estimates 35A.33.030 city clerks and controllers, powers and duties 35A.42.040 city manager, council-manager plan of government appointment of subordinates 35A.13.110 bond and oath 35A.13.070 department heads, authority 35A.13.100 powers and duties 35A.13.080 removal reply and hearing 35A.13.140 resolution and notice 35A.13.130 serve two or more cities 35A.13.060 substitute 35A.13.150 city treasurer, miscellaneous authority and duties 35A.42.010 code of ethics 35A.42.020, 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 conduct 35A.42.050 continuity of government, enemy attack 35A.42.030 contracts, interest in prohibited, exceptions 42.23.030 council-manager plan of government claims, audit and allowance 35A.13.210 council adoption of code by reference 35A.13.180 meetings, quorum, rules, voting 35A.13.170 powers, generally 35A.13.230 councilmen compensation, expenses 35A.13.040 interference with city manager by council members 35A.13.120 oath and bond 35A.13.160 ordinances authentication, recording and publication 35A.13.200 style, requisites, veto 35A.13.190 delivery of books and records to new officers upon reorganization as code city 35A.02.080 duties, generally 35A.42.020 election of officers, adoption of charter as charter code city 35A.08.080 elections incorporated municipality organizing as code city 35A.02.080 organization as noncharter code city, incorporated municipality, ballot 35A.02.080 liability on bonds affixed by proxy 35A.36.050 mandatory duties 35A.21.030 mayor-council plan of government appointive officers 35A.12.020 appointment and removal, terms 35A.12.090 compensation, expenses 35A.12.070 elections, terms, generally 35A.12.040 eligibility for office 35A.12.030 mayor, duties and authority, generally 35A.12.100 oath and bond of officers 35A.12.080 pro tempore appointments 35A.12.065 vacancies, filling 35A.12.050 vacancy for nonattendance 35A.12.060 prohibited acts 42.23.070 qualifications 35A.42.020 recall election 35A.29.180 removal 35A.42.020 violations of budget act, penalties 35A.33.160 Ordinances annexation direct petition method, ordinance providing for 35A.14.140 (2008 Ed.) election method 35A.14.090 ordinance providing for 35A.14.090 city limits reduction, recording 35A.16.050 codification 35A.21.130 continuation upon becoming a code city 35A.90.010 council-manager plan of government adoption of code by reference 35A.13.180 authentication, recording and publication 35A.13.200 style, requisites, veto 35A.13.190 effective date in noncharter code cities having initiative and referendum powers 35A.11.090 franchises and permits on streets and highways 35A.47.040 garbage fee, lien for, foreclosure 35A.21.060 initiative petitions, sufficiency 35A.01.040 mayor-council plan of government adoption of codes by reference 35A.12.140 authentication and recording 35A.12.150 style, requisites, veto 35A.12.130 office hours 35A.21.070 planning and zoning, public hearings 35A.63.150 publication 35A.12.160 reduction of city limits 35A.16.050 referendum petitions, effect of filing 35A.29.170 referendum petitions, sufficiency 35A.01.040 regulation of activities and enforcement of penal laws 35A.21.161 validity of ordinances and resolutions, deficiencies of form 35A.21.010 Organization as noncharter code city incorporated municipality adoption of class without change of governmental plan 35A.02.130 delivery of books and records to new officers 35A.02.080 effective date of reclassification and reorganization 35A.02.120 election of new officers 35A.02.050, 35A.02.055 organizing as authorization 35A.02.010 with election petition for election 35A.02.060 resolution 35A.02.070 without election certification of ordinance 35A.02.040 effective date 35A.02.040 officers, election of new 35A.02.050 ordinance 35A.02.020, 35A.02.030 petition method 35A.02.020 referendum 35A.02.025, 35A.02.035 resolution method 35A.02.030 transcript of record to secretary of state 35A.02.040 petition or resolution pending, restriction, exception 35A.02.140 limitation, petition or resolution pending 35A.02.140 Pension and retirement systems 35A.21.050 Petition organization as noncharter code city incorporated municipality organizing as 35A.02.060 with election 35A.02.060 without election, incorporated municipalities 35A.02.020 organization of incorporated municipality as noncharter code city, petition or resolution pending, restriction 35A.01.040 reduction of city limits election 35A.16.010 reorganization of charter city as charter code city 35A.07.020 election, petition for 35A.07.050 signatures 35A.01.040 sufficiency 35A.01.040 Plan of government abandonment reorganization under plan adopted, effective date 35A.06.060 election incorporation municipality as noncharter code city 35A.02.090 organization of incorporated city as noncharter code city, elections on alternatives 35A.02.090 Planning and zoning accessory apartments, compliance required with law regarding development and placement of 35A.63.230 administration 35A.63.120 board of adjustment, powers and duties 35A.63.110 certain conditional or special use permits, mediation prior to appeal 35A.63.280 charters, construction of inconsistent provisions 35A.63.130 child care facilities, need and demand review, implementation of findings 35A.63.210 comprehensive plan amendments and modifications 35A.63.073 approval by legislative body 35A.63.072 development regulations, consistency with comprehensive plan required 35A.63.105 effect 35A.63.080 forwarding to legislative body 35A.63.071 generally 35A.63.060 hearing 35A.63.070 municipal authority under 35A.63.100 notice 35A.63.070 optional elements 35A.63.062 required elements 35A.63.061 comprehensive plan and development regulations, copies provided to county assessor 35A.63.260 construction of chapter 35A.63.160 definitions 35A.63.010 duties and responsibilities imposed by other acts 35A.63.140 enforcement 35A.63.120 funds, receipt and expenditure of 35A.63.050 handicapped persons, differential treatment of residential structures occupied by persons with handicaps prohibited 35A.63.240 hearing examiner system, adoption alternative, functions, procedures 35A.63.170 hearings, public hearings may be provided by ordinance 35A.63.150 identification of affected property 35A.63.152 interim zoning ordinances limitation on length 35A.63.220 public hearing 35A.63.220 moratoria limitation on length 35A.63.220 public hearing 35A.63.220 planning agency conflicts of interest 35A.63.020 creation 35A.63.020 joint meetings and cooperative action 35A.63.030 powers and duties 35A.63.020 regional planning 35A.63.040 regional planning 35A.63.040 residential care facilities, need and demand review, implementation of findings 35A.63.149 Plats alteration and vacation of 35A.58.020 platting and subdivision of land 35A.58.030 Police courts, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Municipal courts Police power, regulation of activities and enforcement of penal laws, authority of city 35A.21.161 Pollution control bonds and facilities, See POLLUTION CONTROL MUNICIPAL BONDING Population [RCW Index—page 113] CITIES—OPTIONAL MUNICIPAL CODE adoption of charter as charter code city, determination of population 35A.08.020 annexation, certificate, revised certificate of population as basis for allocation of state funds 35A.14.700 determination 35A.44.010 Powers applicability of general law 35A.11.030 borrowing 35A.11.030 charter code city 35A.11.010 legislative bodies 35A.11.020 Economic opportunity act programs 35A.11.060 eminent domain 35A.11.030 franchises 35A.11.030 intergovernmental cooperation and action 35A.11.040 liberal construction 35A.11.010 noncharter code city 35A.11.010 legislative body 35A.11.020 statement of purpose and policy 35A.11.050 taxation 35A.11.030 Powers and duties 35A.67.010, 35A.69.010 Printing public printing 35A.65.010 publication of legal notice 35A.65.020 Provisions affecting all code cities codification of ordinances 35A.21.130 computation of time 35A.21.080 conflict between charter and optional code, effect 35A.21.020 daylight savings time 35A.21.190 fiscal year 35A.21.170 flags to be displayed 35A.21.180 garbage ordinance, lien, foreclosure 35A.21.060 general application of laws 35A.21.160 lien for utility services 35A.21.100 limitation of actions 35A.21.200 merit systems 35A.21.040 name, change 35A.21.140 office hours, ordinance 35A.21.070 officers, mandatory duties 35A.21.030 ordinances, codification 35A.21.130 pension and retirement systems 35A.21.050 regulation of activities and enforcement of penal laws 35A.21.161 sewerage and refuse collection and disposal systems 35A.21.150 streets over tidelands, control of 35A.21.090 utilities, facilities for generation of electricity 35A.21.120 validity of ordinances and resolutions, deficiencies of form 35A.21.010 warrants, interest rate, payment 35A.21.110 waters, jurisdiction over adjacent 35A.21.090 Public depositaries checks, use of 35A.40.020 designation of one or more financial institutions 35A.40.030 Public documents and records, legislative and administrative records 35A.39.010 Public employees conduct 35A.42.050 labor regulations, safety regulations, discrimination in employment, hours, wages 35A.49.010 retirement and pension system 35A.41.010 Public employment civil service 35A.41.020 qualifications, removal, code of ethics, duties 35A.42.020 Public property acquisition by conditional sales contracts 35A.64.010 disinfection of trees or shrubs 35A.64.180 eminent domain 35A.64.200 powers to acquire, use and manage 35A.79.010 transfers 35A.79.020 Public transportation, application of general law 35A.81.010 Public utilities [RCW Index—page 114] electrical energy, authority to enter into contracts or compacts 35A.80.020 general laws applicable 35A.80.010 landscaping information, code cities providing utility services encouraged to provide to customers 35A.80.040 urban forestry, code cities providing utility services may request voluntary donations for 35A.80.040 Public welfare, general laws applicable 35A.74.010 Public works and contracts general law relating to contracts, applicable 35A.40.200 procedures 35A.40.210 public printing Ch. 35A.65 purchase of products made by blind 35A.64.020 Publication adoption of charter as charter code city, submission of charter, election of officers 35A.08.080 Purchases, products made by blind 35A.64.020 Purpose and policy, statement 35A.11.050 Rail fixed guideway systems safety plan, security and emergency preparedness 35A.21.300 Real property restrictions applicable to property, statement contents and availability 35A.21.280 Records, legislative and administrative 35A.39.010 Recycling collection, transportation, and sales of recyclable materials, authorization 35A.21.155 reduced solid waste collection rate for participation in curbside recycling 35A.21.153 Referendum organization as noncharter code city incorporated municipality organizing as 35A.02.035 without election, incorporated municipality 35A.02.025 petition, sufficiency 35A.01.040 reorganization of charter city as charter code city 35A.07.025, 35A.07.035 Referendum and initiative powers, noncharter code cities 35A.11.080, 35A.11.090, 35A.11.100 Regional planning commission, sharing costs on pro rata basis 35A.63.040 Reorganization of charter city as charter code city authorized 35A.07.010 certification of ordinance, transcript of record to secretary of state 35A.07.040 effective date 35A.07.070 election 35A.07.070 petition for election 35A.07.050 resolution for election 35A.07.060 petition, for election 35A.07.050 petition method, direct 35A.07.020 procedure 35A.07.030 referendum petition method 35A.07.025 resolution method 35A.07.035 resolution for election 35A.07.060 resolution method 35A.07.030 Reports, quarterly report of status of funds 35A.33.140 Residential care facilities review of need and demand for implementation of findings 35A.63.149 Resolutions organization as noncharter code city incorporated municipality, without election 35A.02.030 incorporated municipality organizing as, with election 35A.02.070 organization of incorporated municipality as noncharter code city, petition or resolution pending restriction 35A.02.140 reduction of city limits election 35A.16.010 reorganization of charter city as charter code city 35A.07.030 validity of resolutions, deficiencies of form 35A.21.010 Retirement and pension system public employment 35A.41.010 Retirement and pension systems 35A.21.050 firefighters and police officers, limitations on 35A.11.020 Revision of charters, generally Ch. 35A.09 Right of way donations for traffic improvements 35A.21.240 Right of way use for telecommunications and cable television service use 35A.21.245 Schools, general law applicable 35A.28.010 Seal charter code cities 35A.11.010 noncharter code cities 35A.11.010 Severability 35A.90.020 Sewerage and refuse collection and disposal systems, authorization 35A.21.150 Solar energy system, defined 35A.63.015 Solid waste collection rate increases, notice 35A.21.152 reduced collection rate for participation in curbside recycling 35A.21.153 Special service districts, application of laws Ch. 35A.56 State or local government building projects government entity may not be required to provide bond or other security as condition of issuance of building permit 35A.21.250 Streets and highways franchises and permits on 35A.47.040 funds 35A.47.020 highways, granting land for 35A.47.010 public highways, acquisition, agreements, transfers, regulations 35A.47.030 streets, acquisition, standards of design, use, vacation and abandonment 35A.47.020 Streets and roads, control of streets over tidelands 35A.21.090 Subdivision, platting 35A.58.030 Taxes accident fund, tax levy for 35A.31.070 ad valorem tax, levy for 35A.33.135 ad valorem taxes, procedure and rules relating to 35A.84.010 annexed territory 35A.14.801 assessment and collection 35A.84.020 certain business activities, single uniform rate 35A.82.050 collection, county treasurer ex officio collector 35A.84.030 excise taxes excises for regulation 35A.82.020 state shared excises 35A.82.010 licenses and permits 35A.82.020 liquor profits and excise tax, sharing proceeds of 35A.66.020 network telephone services 35A.82.065 property taxes, procedure and rules relating to 35A.84.010 telephone business 35A.82.055 deferral of rate reduction 35A.82.070 telephone toll service gross revenues 35A.82.060 limitations 35A.82.060 Telephones automatic number or location identification, regulation prohibited 35A.21.275 Time computation of time 35A.21.080 daylight savings time 35A.21.190 ordinances, effective date in noncharter code cities having initiative and referendum powers 35A.11.090 Trees and shrubbery, disinfection 35A.64.180 Utilities (2008 Ed.) CIVIL ACTIONS AND PROCEDURES administration, oversight, or supervision by city staff reimbursement 35A.33.122, 35A.34.205 attachments to poles 35A.21.125 generation of electricity, law applicable 35A.21.120 law applicable 35A.21.120 lien for utility services 35A.21.100 Vital statistics, general laws applicable 35A.70.070 Volunteer firefighters, reserve law enforcement officers, and volunteer ambulance personnel council members authorized to serve as 35A.11.110 Voting, mayor-council plan of government, council 35A.12.120 Wards, council-manager plan of government, optional division 35A.13.220 Warrants, interest rate, payment 35A.21.110 Waste treatment plant operators, certification, See WASTE TREATMENT PLANT OPERATORS Water, jurisdiction over adjacent waters 35A.21.090 Water supply authority to protect 35A.70.010 Water systems city assumption of substandard systems, limited immunity from liability 35A.21.270 Watershed restoration projects permit processing 35A.63.250 Welfare, general laws applicable 35A.74.010 Workers’ compensation offenders performing community restitution 35A.21.220 Zoning annexation, proposed zoning regulations 35A.14.330, 35A.14.340 manufactured housing, review prohibitions 35A.63.145 manufactured housing communities, elimination 35A.63.146 Zoning, See also CITIES—OPTIONAL MUNICIPAL CODE, subtitle Planning and zoning CITIZEN REVIEW BOARD SYSTEM Recommendations to court and department, boards authorized to make 13.70.120 CITIZEN SERVICE (See COMMUNITY SERVICE ORGANIZATIONS) CITIZENS Equal privileges and immunities Const. Art. 1 § 12 Voter’s qualification Const. Art. 6 § 1 CITIZENS’ COMMISSION ON SALARIES Court of appeals judges 2.06.062 District court judges 3.58.010 part time judges, to set salaries for 3.58.020 Duties 43.03.010, 43.03.310 Elected officials of executive branch, salaries 43.03.011 Juges, salaries 43.03.012 Legislative declaration, purpose 43.03.300 Legislative members, salaries 43.03.013 Membership, terms, vacancies 43.03.305 Schedule of salaries 43.03.310 Superior court judges 2.08.092 Supreme court justices 2.04.092 Travel expenses 43.03.310 CITIZENSHIP Alien land law alien’s right to own land 64.16.005 certain titles confirmed 64.16.140 Voter’s qualification Const. Art. 6 § 1 CITY EMPLOYEES’ RETIREMENT SYSTEM (See RETIREMENT AND PENSIONS, subtitle Cities, statewide system) CITY TRANSPORTATION AUTHORITY MONORAIL (See CITIES AND TOWNS, (2008 Ed.) subtitle Transportation authority monorail) CITY-COUNTY (See MUNICIPAL CORPORATIONS, subtitle Combined city and county municipal corporations) CIVIC CORPORATIONS Nonprofit corporations, authorized 24.03.015 CIVIL ACTIONS AND PROCEDURES (See also ACTIONS AND PROCEEDINGS) Agricultural marketing fair practices, violations 15.83.080 Animals trespassing animals Ch. 16.04 Appearance of fairness doctrine Ch. 42.36 Assignment for benefit of creditors requirements and procedures 7.08.010, 7.08.030 Attorney fees frivolous actions or defenses prevailing party, award to 4.84.185 Bees and beekeeping violations and penalty 15.60.055 Blood, tissue, organs, use, etc., immunities from implied warranty and civil liability, extent 70.54.120 Child abuse reporters’ immunity 26.44.060 Citizen action suits metals mining and milling operations 78.56.140 Conflict of laws, limitations act Ch. 4.18 Construction defect claims Ch. 64.50 Contributory negligence fault, defined 4.22.015 Costs Ch. 4.84 Court employees unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Decisions, superior court, time limit Const. Art. 4 § 20 Declaration concerning validity of a marriage 26.09.010 Dissolution of marriage 26.09.010 Elevators, lifting devices, and moving walks lawsuits for damages caused by failure or malfunction conformity with safety regulations 70.87.020 Employment security records, disclosure Ch. 50.13 Fertilizers, minerals, and limes violations, penalty 15.54.474 Financial institutions compliance review information, confidentiality Ch. 7.88 Foster parents, liability for care and supervision of foster children in actions commenced by foster children or their parents against foster parents 4.24.590 Frivolous actions or defenses prevailing party to receive expenses 4.84.185 Health care facilities or providers, interference with civil damages 9A.50.050 remedies 9A.50.040 Horticultural plants and facilities violations, penalties 15.13.490 Immunity child abuse reporters 26.44.060 Immunity from suit health care disciplinary actions 4.24.250 Indigents, civil representation of public safety and education account funding 43.08.250 Indoor air pollutants compliance with building and material standards defense to action for injuries caused by 4.24.560 compliance with radon resistive construction requirements defense to action for injuries caused by 4.24.560 Insurers, liquidation of powers and duties of liquidator 48.31.131 special procedural rules 48.31.131 Insurers, rehabilitation of action to which insurer subject to rehabilitation order is party special procedural rules 48.31.045 Interpreters at legal proceedings appointment Ch. 2.42 Joint and several liability contribution enforcement of 4.22.050 right of 4.22.040 multiple persons at fault 4.22.030 Law enforcement officers unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Legal separation 26.09.010 Lie detector tests of employees civil penalty and damages, attorney fees 49.44.135 Malicious harassment, actual and punitive damages 9A.36.083 Mandatory arbitration actions subject to 7.06.020 application for request 7.06.080 arbitrators, qualification, compensation, appointment 7.06.040 attorney’s fees 7.06.060 authorization 7.06.010 costs 7.06.060 decision, award, appeal, trial, judgment 7.06.050 effective date 7.06.910 implementation, supreme court rules 7.06.030 right to trial by jury 7.06.070 severability 7.06.900 Medical malpractice suits admissibility, gestures of apology 5.64.010 attorneys’ fees 7.70.070 burden of proof 7.70.030 compensation by a defendant health provider 7.70.080 compensation from other sources 7.70.080 consent to treatment 7.70.065 declaration of modification of procedure 7.70.010 definitions 7.70.020 elements of proof 7.70.040 informed consent, elements 7.70.050 propositions required to be established 7.70.030 Metals mining and milling operations, citizen action suits 78.56.140 Minor defendant, appointment of guardian in defense of action 12.04.150 Minor plaintiff, action to be commenced by guardian, exceptions 12.04.140 Minor plaintiff, appointment of guardian to act for 12.04.140 Misdemeanors monitoring of persons charged or convicted 4.24.750, 4.24.760 Motor vehicles, odometers, tampering with or replacing, right to civil action 46.37.590 Mt. St. Helens proceedings necessary to facilitate recovery given precedence 43.01.215 Municipal court jury trial, right to 35.20.090 traffic infractions, no jury trial 35.20.090 Obesity lawsuits food and beverage consumption 7.72.070 Open public meetings violations court action, fees, costs 42.30.120 Outdoor music festival, campground alcohol or drug investigation detention, defense 4.24.710 Personal injuries definitions 4.56.250 settlement agreements, effect of 4.22.060 Personal injury action [RCW Index—page 115] CIVIL AIR PATROL, WASHINGTON WING complaint not to include statement of damages, request for statement 4.28.360 Pesticide application, civil penalties for violations 17.21.315 Prejudice affidavit of prejudice 4.12.050 change of venue due to prejudice of court commissioner or judge 4.12.040 Process, style of Const. Art. 4 § 27 Product liability/hazardous substance claims confidentiality 4.24.611 damages and costs 4.24.611 public right to information 4.24.611 Property damages caused by removal, waste or injury, liability 4.24.630 Property owners, legal liability limitation, recreational users, woodcutters 4.24.210 Public hazards disclosure 4.24.601 Receivers Ch. 7.60 Sales representatives and principals contractual relationship between contracts and agreements, required provisions 49.48.160 personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 rights and remedies supplemental to other rights and remedies of sales representatives 49.48.190 waiver of provision prohibited 49.48.190 Service members’ civil relief Ch. 38.42 Settlement agreements, effect of 4.22.060 Settlement conferences, supreme court to adopt rules 2.04.215 Snowmobile dealers civil penalties 46.10.075 Summons service of 4.28.080 Sympathetic gestures admissibility as evidence 5.66.010 Telecommunications fraud action to enjoin violation 7.40.230 Time computation 1.12.040 Timeshares 64.36.220 Tort actions contributory negligence effect of 4.22.005 fault, defined 4.22.015 settlement agreements, effect of 4.22.060 Trial docket priority for aged or ill parties in setting cases for trial 4.44.025 Uniform conflict of laws, limitations act Ch. 4.18 Water code violations, penalties 90.03.600 Water pollution civil penalty 90.48.144 liability for damages 90.48.142 Weed control, violations 17.10.230, 17.10.310, 17.10.350 Worker and community right to know civil actions authorized 49.70.150 Wrongful death definitions 4.56.250 settlement agreements, effect of 4.22.060 CIVIL AIR PATROL, WASHINGTON WING (See TRANSPORTATION, DEPARTMENT OF) CIVIL DEFENSE (See EMERGENCY SERVICES) CIVIL INFRACTIONS Boating safety laws decriminalization of certain offenses Ch. 7.84 Costs and attorney fees 7.80.140 Decriminalization of certain criminal offenses 7.80.900 Enforcement officer, defined 7.80.040 Failure to pay penalty or perform restitution contempt of court 7.80.160 Findings 7.80.005 Hearings, rules, counsel, appeal 7.80.090, 7.80.100, 7.80.110 Initiation 7.80.050 [RCW Index—page 116] Jurisdiction of courts 7.80.010 Monetary penalty, restitution 7.80.120 Natural resource infractions Ch. 7.84 Notice of determination final unless contested 7.80.070 failure to exercise options, failure to pay 7.80.160 procedure 7.80.060 record, audit, cancellation prohibited 7.80.150 response, contest, failure to respond or appear 7.80.080 Order of court, penalty, community restitution 7.80.130 Pigeons, racing pigeons 9.61.190, 9.61.200 Process, issuance of by courts of limited jurisdiction 7.80.020 Training of judicial officers 7.80.030 CIVIL POWER Elections, free from interference by Const. Art. 1 § 19 Military subordinate to Const. Art. 1 § 18 CIVIL RIGHTS (See also DISCRIMINATION) Affirmative action discrimination prohibited 49.60.400 Civil liberties day of remembrance 1.16.050, 1.16.090 Criminals restoration of, procedure 9.96.010, 9.96.020, 9.96.030, 9.96.050 Declaration of 49.60.030 Developmentally disabled eligibility for services, effect 71A.10.030 Employment rights, restoration of, See EMPLOYMENT RIGHTS, RESTORATION OF Parolees restoration of, procedure 9.96.050 Prisoners, restoration procedure 9.95.260 Protection, policy declaration 49.60.010 Restoration of application for, on termination of suspended sentence 9.92.066 certified copy of instrument, recording and indexing of 9.96.030 clemency and pardons board to receive and act upon petitions 9.94A.885 copy of instrument restoring evidence, as 5.44.090 issuance 5.44.090 discharge upon completion of sentence 9.94A.637 form of certificate 9.96.020 Voting, loss of right by incapacitated or incompetent persons 11.88.010, 11.88.090 CIVIL SERVICE Archaeology and historic preservation, office of exempt positions 41.06.095 Budget director, cities and towns over 300,000, exemption 35.32A.020 Cities and towns over 300,000, budget director, exemption 35.32A.020 City contracts to obtain sheriff’s office law enforcement services layoffs, notice, time limitation for transfers 41.14.270 rules and regulations 41.14.280 transfer of police department employees 41.14.250 into county civil service for sheriff’s office, seniority for employment 41.14.260 City fire fighters appeals 41.08.040 commission appeals 41.08.040 hearings 41.08.040 investigations 41.08.040 officers 41.08.040 organization 41.08.040 powers and duties 41.08.040 rules and regulations 41.08.040 secretary 41.08.040 examinations eligibility list for 41.08.040 scope 41.08.040 hearings 41.08.040 roster of officers and employees 41.08.040 veterans’ preference in examinations 41.08.040 City firefighters appeals 41.08.090 applicants, qualifications 41.08.070 application of chapter 41.08.020 commission members 41.08.030 political party restriction 41.08.030 qualifications of members 41.08.030 quorum 41.08.030 removal of members 41.08.030 terms of members 41.08.030 deceptive practices 41.08.150 definitions 41.08.220 examinations falsifications concerning 41.08.150 excluded cities 41.08.020 false representations or personations 41.08.150 falsifying examinations 41.08.150 political party restriction, commission members 41.08.030 removal, suspension, demotion or discharge accusation 41.08.090 appeal 41.08.090 grounds 41.08.080 hearing 41.08.090 investigation 41.08.090 procedure 41.08.090 residency as condition of employment, discrimination because of lack of residency prohibited 41.08.075 tenure of employment 41.08.080 vacancies probationary period 41.08.100 procedure for filling of 41.08.100 City firemen application of chapter 41.08.010 appropriation for expenses 41.08.200 city legislation required 41.08.170 commission creation of, time limit for 41.08.183 duty to organize and function 41.08.185 office and supplies to be furnished 41.08.180 cooperation of city officers and employees 41.08.190 creation of commission, time limit for 41.08.183 enforcement by civil action 41.08.140 excluded cities 41.08.010 existing firemen blanketed under 41.08.060 expenses, appropriation for 41.08.200 leaves of absence 41.08.130 office and supplies for commission 41.08.180 payrolls approval required 41.08.120 certification by commission required 41.08.120 penalty for violations 41.08.210 personnel included under 41.08.050 political contributions and services coercion prohibited 41.08.160 not required 41.08.160 salaries and compensation approval of payrolls 41.08.120 improperly appointed persons, refusal of commission to certify salary 41.08.120 right to fix not infringed upon 41.08.110 violations, penalty 41.08.210 City police appeals 41.12.040, 41.12.090 applicants, qualifications 41.12.070 application of chapter 41.12.010 appropriation for expenses 41.12.200 city legislation required 41.12.170 commission appeals 41.12.040 (2008 Ed.) CIVIL SERVICE creation of, time limit for 41.12.183 duty to organize and function 41.12.185 hearings 41.12.040 investigations 41.12.040 members 41.12.030 office and supplies to be furnished to 41.12.180 officers 41.12.040 organization 41.12.040 political party restriction 41.12.030 powers and duties 41.12.040 qualifications of members 41.12.030 quorum 41.12.030 removal of members 41.12.030 rules and regulations 41.12.040 secretary 41.12.040 terms of members 41.12.030 cooperation of city officers and employees 41.12.190 creation of commission, time limit 41.12.183 deceptive practices 41.12.150 definitions 41.12.220 enforcement by civil action 41.12.140 examinations competitive 41.12.050 eligibility list 41.12.040 falsifications concerning 41.12.150 scope 41.12.040 veterans’ preference 41.12.040 excluded cities 41.12.020 expenses, appropriation for 41.12.200 false representations or personations 41.12.150 falsifying examinations 41.12.150 hearings 41.12.040 investigations by commission 41.12.040, 41.12.090 leaves of absence 41.12.130 office and supplies for commission 41.12.180 payrolls approval 41.12.120 certification by commission 41.12.120 penalty for violations 41.12.210 personnel included in classified civil service 41.12.050 political contributions and services coercion prohibited 41.12.160 not required 41.12.160 removal, suspension, demotion or discharge accusation 41.12.090 appeal 41.12.090 grounds 41.12.080 hearing 41.12.090 investigation 41.12.090 procedure 41.12.090 residency as condition of employment, discrimination because of lack of residency prohibited 41.12.075 roster of officers and employees 41.12.040 salaries and compensation approval of payrolls 41.12.120 improperly appointed persons, refusal of commission to certify payroll 41.12.120 right to fix not infringed upon 41.12.110 tenure of employment 41.12.080 vacancies, probationary period 41.12.100 violations, penalty 41.12.210 Department of transportation exempt positions 41.06.079 Department of veterans’ affairs, exemptions 41.06.077 Drug control investigators, exemption from civil service 43.43.640 Early learning, department of exempt positions 41.06.097 Ecology department, exemptions from 41.06.073 Elective officer or employee, civil service rights preserved 41.04.120 Emergency management status of civil service employees while on duty with emergency management organizations 38.52.140 Exempt position (2008 Ed.) right of reversion to prior position 41.06.070 Fire protection districts, officers and employees 52.30.040, 52.30.050 Flexible-time work schedules 41.04.390 Health departments, combined county-city employees, may be included in city civil service 70.08.070 Higher education institutions, See HIGHER EDUCATION PERSONNEL SYSTEM Interchange of personnel with federal government, civil service rights preserved 41.04.160, 41.04.170 Law revision commission, exemptions from 41.06.083 Life sciences discovery fund authority exempt positions 41.06.096 Manager defined 41.06.022 Metropolitan park districts, employees of 35.61.140 Personnel resources board appointment of members 41.06.110 chairman 41.06.110 created 41.06.110 hearing officers, appointment authority 41.06.110 quorum 41.06.110 terms of office 41.06.110 travel expenses and compensation 41.06.110 Public defense, office of exemptions 2.70.040 Retirement systems, department of exemptions 41.50.070 Sheriffs’ office employees appeals 41.14.120 applicants for positions, qualifications 41.14.100 appointment of classified employee to exempt position, return to regular position 41.14.290 classified service appointment to exempt position, return to regular position 41.14.290 appointments and promotions 41.14.080 designation of 41.14.070 existing employees 41.14.090 vacancies, procedure for filling 41.14.130 combined system permitted 41.14.040 commission chief examiner 41.14.050 combined counties 41.14.040 membership 41.14.030 organization 41.14.050 political party restriction 41.14.030 powers and duties 41.14.060 county with population of one million or more 41.14.065 qualifications of members 41.14.030 quorum 41.14.030 removal of members, grounds 41.14.030 terms of members 41.14.030 vacancies in 41.14.030 cooperation of county officers and employees 41.14.200 deceptive practices 41.14.180 definitions 41.14.020 discrimination prohibited 41.14.180 enforcement by action 41.14.170 expenses of commission in county with population of two hundred ten thousand or more 41.14.210 false representations or personations 41.14.180 falsifying examinations 41.14.180 funds for commission 41.14.210 investigations 41.14.120 jurisdiction of superior court 41.14.220 layoffs, notice, time limitation for transfers 41.14.270 leaves of absence 41.14.160 payrolls approval 41.14.150 certification by commission 41.14.150 penalty for violations 41.14.220 political contributions or services coercion prohibited 41.14.190 discrimination because of, prohibited 41.14.180 not required 41.14.190 purpose 41.14.010 removal, suspension, demotion or discharge accusation 41.14.120 appeal 41.14.120 grounds 41.14.110 hearing 41.14.120 investigation 41.14.120 procedure 41.14.120 rules and regulations 41.14.280 salaries and compensation approval of payrolls 41.14.150 improperly appointed persons, refusal of commission to certify payroll 41.14.150 right to fix not infringed 41.14.140 tenure 41.14.110 transfer of police department employees 41.14.250 into county civil service for sheriff’s office, seniority for employment 41.14.260 Sheriff’s office employees transfer to city police upon annexation or incorporation, rules 35.13.390 Sheriffs’ office employees unclassified service, designation of 41.14.070 vacancies probationary period 41.14.130 procedure for filling 41.14.130 violations, penalty 41.14.220 State agreement between agencies and bargaining units, rules of personnel resources board related to 41.06.150 air pollution control, exemptions 70.94.350 assistant directors of financial management, exemption from 43.41.080 background investigation rules 41.06.476 certification of names for vacancies tied scores 41.06.150 classification and salary schedules factors to be considered 41.06.160 revisions, class studies, and adjustments, limitation 41.06.152 wage and fringe benefit surveys 41.06.160 compensation surveys state patrol 41.06.167 declaration of purpose 41.06.010 definitions 41.06.020, 41.06.022 employee misconduct records destruction 41.06.450 application, classified and exempt employees 41.06.460 authorized, when 41.06.455 retention 41.06.450 application, classified and exempt employees 41.06.460 exemption of formerly classified position right of reversion 41.06.070 exemptions archaeology and historic preservation, office of 41.06.095 community, trade, and economic development, department of 41.06.072 corrections, department of 41.06.071 department of agriculture 41.06.084 department of social and health services 43.20A.090 early learning, department of 41.06.097 economic and revenue forecast council 41.06.087 enumeration 41.06.070 financial management, office of personnel exempt 41.06.075 health, department of 41.06.074 life sciences discovery fund authority 41.06.096 [RCW Index—page 117] CLAIMS minority and women’s business enterprises, office of 41.06.082 Puget Sound partnership 41.06.098 school directors’ association 41.06.086 transportation, department of 41.06.079 world fair commission 41.06.085 false academic credentials, penalties 41.06.204 federal funds, authority to receive 41.06.350 federal requirements for funds, conflict in favor of 41.06.260 financial management, office of deputy directors, exemption 43.41.080 employees of, application 43.41.070 higher education institutions higher education personnel service fund contributions to fund 41.06.285 personnel officer to be designated by each institution and related board, duties 41.06.510 higher education personnel system, See HIGHER EDUCATION PERSONNEL SYSTEM hours of labor, generally 49.28.010, 49.28.040 joint employee-management committees 41.06.540 management procedures terminate supervisor who tolerates deficiencies 43.01.125 managers rules for managers authorized, goals for establishing 41.06.500 marine employees’ commission not affected 41.06.290 payrolls, certification procedures established by state personnel board and director of office of program planning and fiscal management 41.06.270 performance evaluation procedure 41.06.169 terminate supervisor who tolerates deficiencies 43.01.125 termination of employment 41.06.186 termination of supervisor who tolerates inadequacies 41.06.196 written notice of deficiencies 41.06.176 personnel, department of director appointment 41.06.130 delegation of authority 41.06.130 employee performance evaluation procedures development of 41.06.169 powers and duties 41.06.130, 41.06.133 established 41.06.030 services available upon request 41.06.080 personnel resource and management policy 41.06.530 political activities prohibited, exceptions 41.06.250 purchasing service by contract 41.06.142 reemployment list 41.06.220 reinstatement after appeal 41.06.220 rules relating to bargaining units 41.06.150 scope 41.06.150 rules, updated 41.06.480 rules of personnel resources board mandatory subjects 41.06.150 salaries and fringe benefits salaries comparable worth 41.06.155 payment of withheld unless employed in accordance with chapter 41.06.270 schedules 41.06.160 surveys 41.06.160 short title 41.06.900 social and health services, department of as applicable to 43.20A.050 state patrol exemptions for confidential secretaries 41.06.093 [RCW Index—page 118] suspension, dismissal or demotion of employees appeals 41.06.170 limitation on length of suspension 41.06.170 rules as to 41.06.150 training and career development plans agency plan, costs and budget 41.06.410 training and career development programs entry-level management training course designation of supervisory or management positions 41.06.420 requirements, suspension, waiver 41.06.420 powers and duties of director of personnel 41.06.400 sexual harassment 41.06.395 unfair labor practices, provisions, application to civil service employees 41.06.340 State internship program agency full time equivalent limitations unaffected 43.06.435 employment experience, civil service credit 43.06.425 State personnel board employee appeal hearings conduct of 41.06.120 conducted by hearing officer 41.06.120 meetings 41.06.120 Volunteer firefighters, call to duty 41.06.550 CLAIMS Adverse claims of third persons to property levied upon, See EXECUTIONS Bank creditors 30.44.060, 30.44.070 Bank or trust company deposits, claim must be accompanied by court order or surety bond, exception 30.20.090 Child, death or injury, other parent nonjoinder, bar 4.24.010 Chiropractor, professional negligence, limitations on 4.16.350 Cities and towns accidents 35.31.050 charter cities filing 35.31.020 filing 35.31.020 noncharter cities 35.31.040 requisites 35.31.040 Civil defense worker, See EMERGENCY SERVICES, DEPARTMENT OF Counties audit by county auditor 36.22.040 auditing or paying false claim, penalty 42.20.060 county commissioners’ appeal procedure, effect on 36.32.330 filing procedure 36.45.010 generally Ch. 36.45 labor and materials 36.45.040 Crime victim’s application for benefits, time limitation 7.68.060 Dentistry, professional negligence, limitations on 4.16.350 Ejectment and quieting title, conflicting claims, generally 7.28.280 Evidence of filing with state, mails, time 1.12.070 Executions, adverse claims of third persons to property levied upon, See EXECUTIONS Executors and administrators claims not acted on, suit against on bond, also creditors and distributees 11.76.170 purchase of claims by 11.48.080 Exemptions from execution, claim of appraisal, list and valuations 6.15.060 Guardian and ward, See GUARDIAN AND WARD, subtitle Claims and debts against estate Health maintenance organizations, professional negligence, limitations on 4.16.350 Hospital personnel, professional negligence, limitations on 4.16.350 Hospitals, professional negligence, limitations on 4.16.350 Housing finance commission 4.92.040 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Claims Insolvent insurers, time for filing 48.31.310 Insurance disability insurance, See INSURANCE, subtitle Disability insurance Insurance, See also INSURANCE, subtitle Claims Liens logging claims Ch. 60.24 Mining, See MINES AND MINING, subtitle Mining claims Motor vehicles underinsured motorists, for 48.22.030 Mutual savings banks, adverse claims to be accompanied by court order or surety bond, exception 30.20.090 Nursing homes, professional negligence, limitations on 4.16.350 Opticians, professional negligence, limitations on 4.16.350 Optometrists, professional negligence, limitations on 4.16.350 Osteopathic physician and physician’s assistant, professional negligence, limitations on 4.16.350 Personal representatives claims not acted upon, suit against on bond, also creditors and distributors 11.76.170 purchase of claim by 11.48.080 Pharmacists, professional negligence, limitations on 4.16.350 Physical therapists, professional negligence, limitations on 4.16.350 Physicians and surgeons, professional negligence, limitations on 4.16.350 Physician’s assistant, professional negligence, limitations on 4.16.350 Physician’s trained mobile intensive care paramedic, professional negligence, limitations on 4.16.350 Podiatric physicians and surgeons, professional negligence, limitations on 4.16.350 Port district toll facilities 53.34.200 Practical nurse, professional negligence, limitations on 4.16.350 Psychologist, professional negligence, limitations on 4.16.350 Receivers Ch. 7.60 Registered nurse, professional negligence, limitations on 4.16.350 Services, audit by county auditor 36.22.080 Shoplifting or unpaid restaurant meals, additional penalty, assignment of, prohibited 4.24.230 State, against claims against made to legislature, or risk management office, payment procedure 4.92.040 payment, procedure 4.92.160 State, against, See also STATE, subtitle Actions against Taxing districts payment before approval by legislative body 42.24.180 Time of filing evidence of, mailed 1.12.070 tort claims state 4.92.100 Trustees, power to settle claims 11.98.070 CLALLAM COUNTY Boundaries, tracing of 36.04.050 Superior court judges, number of 2.08.064 CLAMS (See FISH AND FISHING) CLARK COUNTY Boundaries, tracing of 36.04.060 Superior court judges, number of 2.08.062 (2008 Ed.) CODE OF ETHICS CLEAN AIR ACT (See AIR POLLUTION CONTROL, subtitle Washington clean air act) CLEAN INDOOR AIR ACT (See SMOKING, subtitle Washington clean indoor air act) CLEAN WASHINGTON CENTER (See RECYCLING, subtitle Clean Washington center) CLEMENCY AND PARDONS BOARD Jails emergency in population governor’s response, alternatives 9.94A.875 CLERGY (See also CHURCHES; RELIGION) Family court 26.12.170 Judgments, execution of exempt property 6.15.010 Privileged communications 5.60.060 Sacramental liquors or wines, liquor law exemptions 66.20.020 State institutions chaplains 72.01.210, 72.01.212, 72.01.220, 72.01.230, 72.01.240 outside ministers 72.01.260 CLERKS Cities and towns, See CITIES AND TOWNS, subtitle Clerks County clerks, See COUNTY CLERK County commissioners county auditor as 36.32.110 temporary 36.22.120 Court of appeals acknowledgment of instruments 64.08.010 Municipal courts 35.20.210, 35.20.220 Superior courts abstract of verdict, duties 4.64.100 acknowledgment of instruments 64.08.010 affidavit required for service by publication, filed with 4.28.100 aliens committed for crime, notice to immigration authorities, copies of clerk’s records 10.70.150 assignment of judgment filed with 4.56.090 attachment bond filed with 6.25.080 issuance of writ 6.25.030 attestation of court records and proceedings for admission in evidence 5.44.010 bonds, official, determination of amount 36.32.020 civil rights, issuance of copies of instruments restoring 5.44.090 cost bill filed with 4.84.090 cost bills in felony cases, duties 10.46.220 costs bond in lieu of separate security filed with 4.84.220 deposits in lieu of bonds for security for costs 4.84.210 security for costs filed with 4.84.210 standing bond for numerous actions 4.84.220 taxation by, retaxation by court 4.84.200 county clerk is ex officio Const. Art. 4 § 26 court exhibits destruction, sheriff’s disposal, or preservation 36.23.070 reporter’s notes, unopened depositions, destruction, sheriff’s disposal, or preservation 36.23.070 court records, custody and delivery 36.23.040 criminal procedure, final record of proceedings made by 10.64.100 decisions of superior court judges filed with 2.08.190 deposits with, in lieu of bond for security for costs 4.84.210 disbursement statement filed with 4.84.090 eminent domain proceedings affidavit of unknown owners filed with 4.28.120 entries in execution docket (contents) 4.64.080 (2008 Ed.) entry of judgment in execution docket 4.64.030 entry of verdict by 4.64.020 execution docket duties 4.64.060 execution docket entries by 4.64.100 execution of judgments duties 6.17.120 fees electronic payment 36.23.100 enumeration 36.18.020 registration of land 65.12.780 filing with attachment bond 6.25.080 cost, bond in lieu of separate security 4.84.220 cost bill 4.84.090 decisions and rulings made outside of county where cause is pending 2.08.200 disbursement statement 4.84.090 eminent domain proceedings, affidavit of unknown owners 4.28.120 generally Ch. 36.23 judgments certified copies of assignment of judgment 4.56.090 judicial sales redemption 6.23.040 note of issue of facts 4.44.020 note of issue of law furnished to 4.44.020 official bonds 36.16.060 referee’s report 4.48.080 rulings and decisions of superior court judges 2.08.190 service by publication affidavit 4.28.100 verdict 4.44.460 filing with, See also RECORDING AND FILING filing with judicial sales confirmation proceedings 6.21.110 garnishment, grounds for issuance for writ of garnishment by clerk 6.27.020 habeas corpus issuance of writs and process 7.36.240 indexing by certified abstracts of judgments 4.64.120 certified transcript of judgment of district court 4.64.120 issuance of copies of instruments restoring civil rights 5.44.090 judicial sales confirmation docket entries 6.21.110 custody of money before confirmation 6.21.110 jury impanelling procedure, duties 4.44.120 levy and sale on execution of judgment, duties 6.17.130 listing legal newspapers 65.16.070 money in lieu of bond in civil actions deposited 4.44.470 motion dockets, entering argument date of issues of law 4.44.020 oaths and affirmations administered by 5.28.010 partition proceedings, See PARTITION permanent register of rules of boundary review board 36.93.210 powers and duties judgment against state 4.92.040 record of attendance of witnesses to be kept by 4.84.090 redemption, certificate of judgment docket 6.23.080 referee’s report filed with 4.48.080 rulings and decisions of superior court judges filed with 2.08.190 satisfaction of judgment for payment of money only procedure 4.56.100 specific designation required 4.56.100 state, judgments against, duties 4.92.040 support of dependent children, support money paid through department of public assistance upon written notice to the clerk of the court 74.20.101 testimony, taking by 5.28.010 traffic violations record, clerk to keep 46.52.100 transcript of record entries on venue change 4.12.100 transmission of records on venue change 4.12.090 trial docket, entering trial date of issues of fact 4.44.020 verdicts filed with 4.44.460 writ of execution subscribed by 6.17.110 Supreme court acknowledgment of instruments 64.08.010 appointment, removal, salary, election Const. Art. 4 § 22 habeas corpus issuance of writs and process 7.36.240 oaths and affirmations administered by 5.28.010 process, style of 2.04.050 taking testimony 5.28.010 CLOTHING Children’s sleepwear, See FLAMMABLE FABRICS CLOUD ON TITLE (See also EJECTMENT AND QUIETING TITLE) Real property, removal by court 65.12.040 CLUBS Alcoholic beverages bottle clubs, license 66.24.480 delivery by minors, limitation 66.44.340 licenses required 66.24.481 private club beer and wine license 66.24.452 purchase of liquor by licensee 66.24.440 sale on premises by minor, limitation 66.44.340 spirits, beer, and wine private club license, conditions and qualifications 66.24.450 spirits, beer, and wine restaurant license, conditions and qualifications 66.24.400, 66.24.410, 66.24.420, 66.24.425 Camping resorts Ch. 19.105 COAL Pipes franchises to construct along state highways 47.44.010 COAL MINING Explosives law, effect 70.74.210 Leases, state land mineral, coal, oil, and gas leases Ch. 79.14 Surface mining federal preemption 78.44.055 Thermal electric generating facilities compensation and training of displaced workers funding 50.12.080, 50.12.280 COAST GUARD Acknowledgments, oaths and affirmations, depositions, affidavits, and powers of notary public, power of officers to take or administer, legal effect 73.20.010 COCAINE (See DRUGS, subtitle Controlled substances) CODE OF ETHICS Attorneys American bar association code of ethics adopted 2.48.230 violation grounds for disbarment and suspension 2.48.220 Conflict of interest horse racing commission, officers and employees 67.16.140, 67.16.150, 67.16.160 insurance, prohibition 48.02.090 Contract, defined 42.23.020 Contract interests by municipal officers 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 [RCW Index—page 119] CODE REVISER Contracting party, defined 42.23.020 CODE REVISER Gender-neutral terms statutes, memorials, resolutions 1.08.130 CODE REVISER (See also REVISED CODE OF WASHINGTON; STATUTE LAW COMMITTEE) Administrative rules format and style 34.05.390, 34.05.395 adoption of rules, regulating by code reviser 34.05.385 publication duties 34.05.210 record of 34.05.380 unconstitutional or obsolete rules, removal of 34.05.210 Compensation of 1.08.011 Defined 1.08.013 Employment 1.08.011 Gender-neutral terms statutes, memorials, resolutions 44.04.210 Legislative records, confidentiality of bill drafting records 40.14.180 Location 1.08.033 Powers and duties 1.08.024, 1.08.026 annotations of decisions construing statutes 1.08.023 assignment of code numbers 1.08.050 bill drafting service 1.08.027 code corrections 1.08.016 code index 1.08.020 codification and revision of laws 1.08.015 historical records of statutes 1.08.021 improvement of statutes, recommendations to legislature 1.08.025 omission of certain sections 1.08.017 rule-making activity, quarterly report 1.08.112 substitution of words designating department of transportation or secretary of transportation 1.08.120 Washington State Register publication 1.08.110 Secretary of statute law committee 1.08.007 Session laws correction of clerical errors and punctuation permitted 44.20.060 publication 44.20.050 State register attorney general’s opinions, published in 34.08.020 authority 34.05.210 contents certification of, when 34.08.040 period of 34.08.020 rules prescribing style, format and numbering system for adopted by 34.08.030 transmitted to by agencies and official, rules regarding 34.08.030 created period of 34.08.020 legislative finding 34.08.010 publication period of 34.08.020 publication in deemed official notice 34.08.040 regular meetings, schedule of, change of, published in 42.30.075 Statutes multiple amendments, correction 1.12.025 repealed without reference to amendment, correction 1.12.025 Uniform legislation commission 43.56.050 Validity or constitutionality of measures, code reviser not required to give opinion 1.08.028 CODES Administrative code, See ADMINISTRATIVE PROCEDURE Building, See BUILDING CODE Electrical, See ELECTRICITY Insurance, See INSURANCE, subtitle Code [RCW Index—page 120] Revised code of Washington, See REVISED CODE OF WASHINGTON CODICILS (See WILLS) CODIFICATION Ordinances of cities and towns 35.21.500, 35.21.510, 35.21.520, 35.21.530, 35.21.540, 35.21.550, 35.21.560, 35.21.570 Statutes, See REVISED CODE OF WASHINGTON COERCION Defined, for Criminal Code 9A.36.070 COINS Coin silver, use of words, penalty 9.16.110, 9.16.130 COLD STORAGE PLANTS Cities and towns, acquisition and operation 35.92.040 Controlled atmosphere storage of fruits and vegetables, See FRUITS; VEGETABLES Port districts, acquisition and operation 53.08.020 COLLATERAL Federally guaranteed obligations, use as 39.60.040 Insured deposits and accounts by federal government, use of as collateral security 39.60.040 State depositaries, See DEPOSITARIES, subtitle State depositaries COLLECTION AGENCIES Accounting of collections 19.16.210 Actions against regents, trustees, officers, employees, or agents of institutions of higher education or education boards 28B.10.842 Board compensation and travel expenses 19.16.310 executive officer 19.16.280 immunity from suit 19.16.330 meetings, quorum 19.16.300 members 19.16.280 powers and duties 19.16.351 records 19.16.340 terms 19.16.290 territorial scope of operations 19.16.320 vacancy 19.16.300 Branch office certificate assignability 19.16.180 contents and form 19.16.160 issuance and fees 19.16.150 Cash deposit or securities in lieu of bond, exception 19.16.190 Change of name or business location 19.16.170 Checks, dishonored 62A.3-530, 62A.3-540, 62A.3-550 Claims prohibited practices, impact on claim 19.16.450 Copy of chapter, rules and regulations available to licensees 19.16.420 Corrections, department authorized to use for offender debt collection 72.09.450 Courts of limited jurisdiction may use 3.02.045 Debts, tolling statute of limitations by part payment 4.16.270 Definitions 19.16.100 Financial statement 19.16.245 Injunctions 19.16.460, 19.16.480 License application content and form 19.16.130 assignability 19.16.180 civil penalty 19.16.120 contents and form 19.16.160 display 19.16.160 fees, exemptions 19.16.140 grandfather clause 19.16.120 hearing 19.16.351 operating without, penalty 19.16.430 out-of-state collection agencies 19.16.110 preemption of local authority 19.16.920 prerequisite to suit 19.16.260 required 19.16.110 requirements 19.16.120 suspension, revocation, or denial 19.16.120, 19.16.351 uniform regulation of business and professions act 19.16.510 unprofessional conduct 19.16.120 Licensing director’s authority 19.16.410 Out-of-state agencies license 19.16.110 Payment for services 19.16.220 Presumption of validity of assignment 19.16.270 Prohibited practices 19.16.250 impact on claims 19.16.450 Public debts state and political subdivisions may use collection agency, fees 19.16.500 Recordkeeping requirements 19.16.230 Service of process outside state 19.16.390 Superior court, collection of unpaid financial obligations 36.18.190 Surety bond action on 19.16.200 Surety bond, exception 19.16.190 Tax authority of political subdivisions not affected 19.16.920 Trust fund account, requirements and exception 19.16.240 Violations assurance of discontinuance 19.16.470 civil penalties 19.16.900 injunctions 19.16.460, 19.16.480 operating without license, penalty 19.16.430 unfair and deceptive trade practices 19.16.440 COLLECTION OF DEBTS Tolling statute of limitations by part payment 4.16.270 COLLECTIVE BARGAINING (See also LABOR; LABOR UNIONS) Community and technical colleges Ch. 28B.52 Institutions of higher education Ch. 41.76 Mediation proceedings mediation by state or federal agency, determination of questions of privilege and confidentiality 5.60.072 Port districts 53.18.015, 53.18.020 Public employees collective bargaining Ch. 41.56 Public utility district employees, rights of 54.04.170, 54.04.180 State collective bargaining Ch. 41.80 Unemployment compensation not unemployed during period covered by agreement 50.04.310 COLLEGES AND UNIVERSITIES (See also COMMUNITY AND TECHNICAL COLLEGES; REGIONAL UNIVERSITIES; THE EVERGREEN STATE COLLEGE; UNIVERSITY OF WASHINGTON; WASHINGTON STATE UNIVERSITY) Advanced college tuition payment program Ch. 28B.95 Affirmative action legislative findings, purpose 49.74.005 noncompliance conciliation, order issued 49.74.030 failure to reach conciliation, procedure 49.74.040 procedure 49.74.020 superior court, remedies 49.74.050 Alcoholic beverages promotion and sales restricted 66.28.160 sales on campus, Washington products 66.44.193 Alcoholism educational materials on to be made available on campuses 28B.10.295 American Indian endowed scholarship program Ch. 28B.108 Animal facilities acts against research and educational facilities (2008 Ed.) COLLEGES AND UNIVERSITIES liability for damages 4.24.570 criminal acts against definition 9.08.090 legislative intent 9.08.080 injunctive relief to prevent harassment or occurrence of tort 4.24.580 Annuities, charitable, exemption 48.23.010 Appropriations from general fund reductions 28B.15.066 Art, works of, purchase 28B.10.025 allocate as a nondeductible item 28B.10.027 Athletes steroid use, loss of eligibility 69.41.340 Athletics financial assistance to participants 28B.10.704 gender equity goals 28B.15.455 reports to governor and legislature 28B.15.465 tuition and fee waivers 28B.15.460 underrepresented gender class, defined 28B.15.470 printing and concessions, bids required 28B.10.640 programs for intercollegiate competition 28B.10.703 Attorney general as legal advisor 28B.10.510 Boards of regents or trustees entrance requirements minimum requirements, authority to exceed 28B.10.050 Bond issue, Washington’s future Ch. 28B.14H Bond issues bond retirement, fee retention 28B.15.805 bond retirement funds, fee retention 28B.15.800 capital improvements form, terms, conditions, sale, signatures 28B.10.850 validation of prior bond issues 28B.10.335 Bond issues, buildings and facilities construction of act 28B.10.320 funding and refunding 28B.10.315 generally 28B.10.300 interest rate 28B.10.325 liability of state 28B.10.330 sale, interest, form, payment, terms 28B.10.315 use of buildings and facilities 28B.10.305 Bond issues, capital improvements 1974 act Ch. 28B.13 1975 act Ch. 28B.14 1977 act Ch. 28B.14B anticipation notes, authorized, purposes 28B.10.852 bond redemption fund of 1973 28B.10.853 legal investment for state and municipal funds 28B.10.855 legislature may provide additional means of revenue 28B.10.854 proceeds, deposit in state higher education construction account 28B.10.851 Bond issues, capital improvements—1983 act Ch. 28B.14F Bond issues, capital improvements and land acquisition—1984 act Ch. 28B.14F Bond issues, capital improvements—1981 c 232 Ch. 28B.14F Bond issues, capital improvements—1981 c 233 Ch. 28B.14G Bond issues, capital improvements—1979 1st ex.s. c 223 Ch. 28B.14E Bond issues, capital improvements—1979 1st ex.s. c 253 Ch. 28B.14D Bond issues, capital projects—1976 act community and technical colleges Ch. 28B.59 Bond issues, capital projects—1977 act community and technical colleges Ch. 28B.59B Bond issues, capital projects—1979 act community and technical colleges Ch. 28B.59C Bond issues, capital projects—1981 act (2008 Ed.) community and technical colleges Ch. 28B.59D Bond issues, facilities aid—1972 act community and technical colleges Ch. 28B.56 Bond issues, general capital projects—1975 act community and technical colleges Ch. 28B.58 Bond issues, refunding—1977 act Ch. 28B.14C Bond issues, special capital projects community and technical colleges special capital projects—1975 act Ch. 28B.57 Bond issues for buildings and facilities—1957 act concurrent with other laws 28B.20.740 interest, terms, form 28B.20.715 not general obligation of state 28B.20.735 powers of regents 28B.20.710, 28B.20.725 refunding bonds 28B.20.730 University of Washington bond retirement fund 28B.20.720 income from granted lands 28B.20.721 University of Washington building account, proceeds, validation 28B.20.745 Bond issues for buildings and facilities—1961 act The Evergreen State College concurrent effect 28B.35.790 issuance, sale, form, term, interest, covenants, etc. 28B.35.730, 28B.35.740 not general obligation of state 28B.35.780 refunding bonds 28B.35.770 The Evergreen State College, bond retirement funds building fees, grants deposited 28B.35.750 regional universities concurrent effect 28B.35.790 issuance, sale, form, term, interest, covenants, etc. 28B.35.730, 28B.35.740 not general obligation of state 28B.35.780 refunding bonds 28B.35.770 regional universities, bond retirement funds building fees, grants deposited 28B.35.750 Border county higher education opportunity project 28B.15.0139, Ch. 28B.76 Boxing, martial arts, and wrestling matches exemption from department of licensing regulation 67.08.015 Branch campuses Central Washington University, Yakima area 28B.45.060 community and technical colleges, partnership with 28B.45.080 findings, intent 28B.45.012 mission and duties 28B.45.014 University of Washington, Tacoma and Bothell-Woodinville area campuses 28B.45.020 Washington State University, Tri-cities area 28B.45.030 Washington State University, Vancouver 28B.45.040 Budgets essential requirements level budget calculation enrollment levels estimates of participation rate and enrollment level 28B.10.784 funding level and inflation factor 28B.10.780 increased enrollment target level, inclusion in budget documents 28B.10.782 new enrollments, funding level, and inflation factor 28B.10.778 participation rate 28B.10.776 recommendations to governor and legislature 28B.10.784 student financial aid programs funding level 28B.10.786 services and activities fees, budget procedure 28B.15.044, 28B.15.045 Building fees defined 28B.15.025 established 28B.15.069 Building fees, See COLLEGES AND UNIVERSITIES, subtitle Fees Buildings and facilities bond issues construction of act 28B.10.320 funding and refunding 28B.10.315 generally 28B.10.305 interest rate 28B.10.325 liability of state 28B.10.330 sale, interest, form, payment, terms 28B.10.315 use of buildings and facilities 28B.10.305 University of Washington contracts for improvements, construction 28B.20.140 employment of architects, engineers, authorized 28B.20.135 visual arts program 28B.10.027 Capital improvements bonds legal investment for state and municipal funds 28B.10.855 legislature may provide additional means of revenue 28B.10.854 Capital projects general obligation bonds Ch. 43.99G, Ch. 43.99H higher education capital project strategic planning Ch. 43.88D Washington’s future bond issue Ch. 28B.14H Charitable annuities, exemption 48.23.010 Charitable gift annuities issuance, authorized 28B.10.485 obligation as to annuity payments 28B.10.487 Check cashing for students and employees 28B.10.031 Child care student child care in higher education grants Ch. 28B.135 Collective bargaining Ch. 41.76 College savings program Ch. 28B.95 Collegiate license plate fund, use for scholarships 28B.10.890 Collegiate license plates 46.16.324 Commercial activities Ch. 28B.63 Community and technical colleges defined 28B.10.016 international student exchange program established 28B.15.524 resident tuition for participants 28B.15.526 waiver of nonresident tuition fees differential 28B.15.527 Competitive bids requirements and exceptions 43.19.1906 Construction projects high-performance public buildings requirements 28B.10.354 small works roster 28B.10.350 Contracts county hospitals, with, for provision of medical service, teaching and research activities 36.62.290 interest rate, declared legal despite interest rate 39.90.060 personal service contracts 39.29.090 student educational loan contracts Ch. 26.30 subject to minority and women’s business enterprises law 28B.10.023 Course materials, cost savings 28B.10.590 Courses, studies, and instruction AIDS information 28B.10.730 physical education 28B.10.700 state or Pacific Northwest history and government course for teachers 28B.10.710 Credit card marketing policies 28B.10.618 Crimes relating to crime statistics reporting 28B.10.569 interfering by force or violence with administrator, faculty member, or student 28B.10.570 exemption 28B.10.572 intimidating by threat of force or violence any administrator, faculty member, or student 28B.10.571 [RCW Index—page 121] COLLEGES AND UNIVERSITIES exemption 28B.10.572 safety information, distribution to students and employees 28B.10.569 task forces on campus security and safety 28B.10.569 term papers, theses, dissertations, sale of prohibited 28B.10.582, 28B.10.584 violations, exemptions, injunctive relief, civil penalties 28B.10.584 Debt collection, financing, late charges, collection expenses, authorized 28B.10.293 Debts, declared legal despite interest rate 39.90.060 Definitions 28B.10.100, 28B.15.005, 28B.15.012 institutions of higher education 28B.10.016 nonresident tuition fees differential 28B.15.022 Disabilities, persons with core services 28B.10.910, 28B.10.912 nondiscrimination policy 28B.10.912 reasonable accommodation 28B.10.914 supplemental instructional materials 28B.10.916 Disabilities, students with totally disabled, defined 28B.15.385 Disability history month 28B.10.918 Discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Distinguished professorship trust fund program Ch. 28B.76 Drug testing laboratories, employees, duties, compensation 28B.20.315 Education savings account 43.79.465 Educational opportunity grant program Ch. 28B.101 Eminent domain 28B.10.020 Employees actions against, defense, costs, payment of obligations 28B.10.842 joint employee-management committees 41.06.540 peer review immunity for committee members 28B.10.648 Employees and faculty annuity and retirement plans 28B.10.400 additional pension for retirees 28B.10.425 contributions by employees 28B.10.405 credit for leave without pay 28B.10.407 length of service 28B.10.415 limitation on institution’s contribution 28B.10.410 limits and adjustments 28B.10.423 membership while serving as state legislators 28B.10.409 minimum benefits, computation 28B.10.430 monthly benefit, post-retirement adjustment 28B.10.430 retirement age, reemployment 28B.10.420 supplemental payment 28B.10.401 insurance 28B.10.660 leaves of absence 28B.10.650 remunerated professional leaves 28B.10.650 Energy conservation projects in buildings authority to implement 39.35C.050 Enrollment and degree priority, state 28B.10.056 Enrollment forecasts 43.62.050 Enrollment levels for essential requirements level budget calculation estimates of participation rate and enrollment level 28B.10.784 funding level and inflation factor 28B.10.780 increased enrollment target level, inclusion in budget documents 28B.10.782 new enrollments, funding level, and inflation factor 28B.10.778 participation rate 28B.10.776 recommendations to governor and legislature 28B.10.784 student financial aid programs funding level 28B.10.786 [RCW Index—page 122] Entrance requirements, generally 28B.10.050 Ethics in public service administrative process, research 42.52.220 definitions, research 42.52.010 The Evergreen State College application of existing state college laws to new college 28B.40.830 board of trustees, powers and duties 28B.40.830 bond issues for buildings and facilities—1961 act definitions 28B.35.710 powers of trustees as to 28B.35.720 purpose, powers of trustees 28B.35.700 building fees disposition 28B.35.370 defined 28B.10.016 degrees authorized bachelor of arts 28B.40.200 bachelor of arts in education 28B.40.200 bachelor of science 28B.40.200 honorary degrees 28B.40.206 master’s degrees, limitations 28B.40.206 diplomas, certificate, signing, contents 28B.40.230 established, location 28B.40.810 expulsion or suspension of students 28B.40.350 fire protection, authority 28B.40.190 model schools and training departments enrollment estimate 28B.40.305 school districts to receive credit for attendance 28B.40.315 normal school fund revenues, disposition 28B.35.370, 28B.35.751 presidents powers and duties 28B.40.390 school districts to furnish pupils for training of teachers 28B.40.310 treasurer, appointment 28B.40.195 trustees appointment, terms of office 28B.40.820 appointment, terms of office, vacancies, quorum 28B.40.100 meetings 28B.40.110 officers, quorum 28B.40.105 powers and duties 28B.40.120 powers regarding issuance of bonds, investments, transfer of funds, etc. 28B.35.760 powers to adopt bylaws 28B.40.105 Faculty sick leave records to be maintained 41.04.340 Fees building fees defined 28B.15.025 established 28B.15.069 University of Washington disposition 28B.15.210 community and technical colleges waiver of nonresident tuition fees differential 28B.15.520 waivers 28B.15.520 general tuition needy student financial aid, state appropriations 28B.15.065 generally Ch. 28B.15 graduate service appointments fee waiver 28B.15.615 home tuition programs 28B.15.725 installment payments 28B.15.411 joint programs, equalization 28B.15.110 limitation on total tuition and fee waivers 28B.15.740 limitations set by institution 28B.15.100 operating fees defined 28B.15.031 disposition 28B.15.031 limitation on total revenue waived, exempted, or reduced 28B.15.910 needy student financial aid, state appropriations 28B.15.065 waiver, report 28B.15.915 reciprocity, British Columbia program review 28B.15.758 waiver of nonresident tuition fees differential 28B.15.756 reciprocity, Idaho program review 28B.15.754 reimbursement 28B.15.752 waiver of nonresident tuition fees differential 28B.15.750 reciprocity, Oregon agreement, scope 28B.15.730 implementation agreement 28B.15.734 program review 28B.15.736 reimbursement 28B.15.732 refund, cancellation 28B.15.600 resident operating fee exemption 28B.15.615 services and activities committee 28B.15.045 services and activities fees defined 28B.15.041 dispute resolution 28B.15.045 established 28B.15.069 guidelines for programs 28B.15.045 mandatory provisions 28B.15.045 students fees, voluntary 28B.15.610 technology fees defined, use and approval 28B.15.051 exemption 28B.15.615 tuition American Indian students 28B.15.0131 defined 28B.15.020 established 28B.15.067, 28B.15.068 University of Washington building fees disposition 28B.20.720 medical or dental, exemption for certain nonresidents 28B.15.225 special fees, disposition 28B.15.220 waiver foreign students 28B.15.555, 28B.15.556 nonresident tuition differential for western undergraduate exchange program students 28B.15.544 senior citizens, limitations 28B.15.540 Washington award for vocational excellence 28B.15.545, 28B.15.546 Washington scholar award recipients 28B.15.543 waivers for gender equity in intercollegiate athletics, limitation 28B.15.740 Washington State University building fees disposition 28B.15.310 services and activities fees exemptions 28B.15.380 tuition exemptions nonresident tuition fees differential under western regional higher education compact 28B.70.050 tuition fees exemptions 28B.15.380 Financial aid, See also FINANCIAL AID, STUDENT Financial aid programs eligibility, terminated for disruptive activities 28B.10.281 federal student aid programs 28B.10.280 funding level for essential requirements level budget calculation 28B.10.786 gaining independence for students with dependence, grant program Ch. 28B.133 institutional financial aid fund 28B.15.820 National Defense Education Act, loan fund 28B.10.280 nonpayment or default on loan or scholarship 2.48.165 residents attending college or university in another state authorization 28B.10.790 guidelines 28B.10.792 state student financial aid program Ch. 28B.92 state work-study program Ch. 28B.12 (2008 Ed.) COLLEGES AND UNIVERSITIES Financial assistance to participants in intercollegiate athletics or performing arts 28B.10.704 Financing contracts, authority 28B.10.022 Flags, display of United States 28B.10.030 Foreign branch campuses Ch. 28B.90 acts not constituting the transaction of business in state 24.03.307 admission as foreign nonprofit corporation not required 24.03.305 exemption from regulation of private degreegranting institutions under chapter 28B.85 RCW 28B.85.906 operation does not constitute conducting affairs in state 24.03.305 workers’ compensation, application of act 51.12.160 Foreign students tuition waiver 28B.15.555, 28B.15.556 Foster care endowed scholarship program Ch. 28B.116 Fund for innovation and quality in higher education Ch. 28B.120 Funds The Evergreen State College capital projects account building fees deposited 28B.35.370 normal school fees deposited 28B.35.370 higher education permanent funds, investment Const. Art. 16 § 6 statewide custody contracts 43.08.280 University of Washington bond retirement fund building fees deposited 28B.15.210 University of Washington building account building fees deposited 28B.15.210 Washington State University disposition of certain revenues agricultural college lands 28B.30.742 scientific school lands 28B.30.741 Washington State University bond retirement fund building fees deposited 28B.15.310 created, building fees and grants deposited 28B.30.740 Washington State University building account building fees deposited 28B.15.310 Future teachers conditional scholarship and loan repayment program Ch. 28B.102 G. Robert Ross distinguished faculty award established 28B.10.878 Gender equity in intercollegiate athletics goals 28B.15.455 intent 28B.15.450 reports to governor and legislature 28B.15.465 tuition and fee waivers 28B.15.460 underrepresented gender class, defined 28B.15.470 Gender-based discrimination Ch. 28B.110 Governing boards actions against, defense, costs, payment of obligations 28B.10.842 defined 28B.10.016 delegation of powers and duties 28B.10.528 insurance to protect and hold personally harmless 28B.10.844 oath of office 28B.10.520 removal 28B.10.500 travel expenses 28B.10.525 University of Washington regents 28B.20.110 degrees, granting 28B.20.130 diplomas, granting 28B.20.130 faculty members and employees, employment of 28B.20.130 generally 28B.20.100 meetings, officers of the board 28B.20.105 powers and duties 28B.20.130 university fund expenditures 28B.20.130 Graduate assistants English, effective communication requirement implementation of principles 28B.15.794 (2008 Ed.) principles 28B.15.792 task force to improve communication and teaching skills of faculty and teaching assistants 28B.15.796 Graduate fellowship trust fund program Ch. 28B.76 Graduate service appointments health care benefits 28B.10.660 Graduation rate improvement adoption of strategies to reduce time required to get degree and to improve graduation rate as part of institutional strategic plan 28B.10.691 student progression understandings, authority of institutions 28B.10.693 Hazing defined 28B.10.900 impermissible conduct associated with initiation or with group pastime or amusement, each institution to adopt rules providing sanctions 28B.10.903 organization that permits hazing, loss of official recognition or approval 28B.10.902 participation in, loss of entitlement to statefunded grants or awards 28B.10.902 prohibited, civil and criminal liability for violations 28B.10.901 Health professional conditional scholarship program Ch. 28B.115 High school students enrolled student not to be displaced 28A.600.340 enrollment in college courses, transmittal of funds 28A.600.310 existing agreements with postsecondary institutions not affected 28A.600.400 high school credit, maximum terms of enrollment for 28A.600.330 joint enrollment for secondary and postsecondary credit 28A.600.350 postsecondary courses, determination of high school credit, application toward graduation requirements 28A.600.360 postsecondary credit for college level courses 28A.600.370 transportation, school district not responsible for 28A.600.380 Higher education capital project strategic planning Ch. 43.88D Higher education construction accounts, certain abolished transfer of residue or credit 43.79.442 Higher education coordinating board Ch. 28B.76 Higher education facilities authority, See HIGHER EDUCATION FACILITIES AUTHORITY Higher education personnel service fund contributions to fund 41.06.285 Higher education personnel system, See HIGHER EDUCATION PERSONNEL SYSTEM Home tuition programs 28B.15.725 Hospitals, contracts with county hospitals for provision of medical services, teaching and research activities 36.62.290 Housing liquor and illegal drug use, complaint procedures and sanctions 28B.10.575 liquor-free areas 28B.10.575 Immunity peer review committee members 28B.10.648 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Colleges and universities Information and technology literacy definition and standards for implementation 28B.10.125 Institutional financial aid fund 28B.15.820 Institutions of higher education defined 28B.10.016 Insurance blanket disability, See INSURANCE, subtitle Group disability insurance charitable annuities, exemption 48.23.010 health care benefits for graduate service appointees 28B.10.660 officers, employees, and students 28B.10.660 regional universities 28B.10.660 Insurance to protect and hold personally harmless regents, trustees, officers, employees or agents of institutions of higher education or educational boards 28B.10.844 Integrated pest management Ch. 17.15 International exchange scholarship program Ch. 28B.109 Joint programs, equalization of fees 28B.15.110 K-20 telecommunications network, planning and operation Ch. 43.105 Laboratory stills, licenses 66.24.140 Land, state, See PUBLIC LANDS, subtitle Transfers, land Legal advisor, attorney general 28B.10.510 Libraries PNWER-Net interlibrary sharing network legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 PNWER-Net interlibrary sharing system defined 43.147.050 License plate emblems material and display requirements 46.16.327 rulemaking authority, director, department of licensing 46.16.335 License plates collegiate license plates 46.16.324 Liquor, promotion and sales on campus restricted 66.28.160 Loans institutional student loan fund for needy students 28B.10.825 math and science teachers definitions 28B.15.760 procedures, conditions 28B.15.762 program duration 28B.15.766 publicize program 28B.15.764 student loan financing Ch. 28B.07 Loans to students institutional financial aid fund 28B.15.820 Mathematics placement test, college readiness test 28B.10.679 Meningococcal disease information, students 70.54.370 Military educational and career opportunities 28B.10.360 Military reserves students called to active duty, rights 28B.10.270, 28B.15.625 Minority and women’s business enterprises, office of public works and procurement goals, compliance 39.19.060, 39.19.075 state agency or educational institution may be charged a reasonable fee based on its expenditure of funds subject to office 39.19.230 National guard students called to active duty, rights 28B.10.270, 28B.15.625 tuition waivers 28B.15.621 National guard conditional scholarship program Ch. 28B.103 Needy student financial aid, state appropriations 28B.15.065 Nonresident student classified 28B.15.011, 28B.15.013, 28B.15.015 defined 28B.15.012 exemptions from tuition and fee differential 28B.15.014 Nonresident tuition fees differential definition 28B.15.022 Nonsectarian 28B.10.040 Normal school grant to regional universities and The Evergreen State College 43.79.150 [RCW Index—page 123] COLLEGES AND UNIVERSITIES Normal schools included in public school system Const. Art. 9 § 2 Off-campus facilities, lease or purchase 28B.10.020 Open public meetings governing body of recognized student association 42.30.200 Operating fees defined 28B.15.031 disposition 28B.15.031 Parking revenue deposit into state vehicle parking account, exemption 43.01.235, 43.01.236 Performance agreements 28B.10.920, 28B.10.921, 28B.10.922 Performing arts, financial assistance to participants 28B.10.704 Persian Gulf "eligible student" defined regarding inability to complete term because of service in 28B.10.017 Personal identifiers social security numbers, prohibited 28B.10.042 system, funding 28B.10.0421 Personnel management joint employee-management committees 41.06.540 Personnel officer designation by each institution and related board required, duties 41.06.510 Personnel resource and management policy 41.06.530 Personnel system, See HIGHER EDUCATION PERSONNEL SYSTEM Pest control integrated pest management Ch. 17.15 Placebound students educational opportunity grant program Ch. 28B.101 Police force authorized 28B.10.550 benefits for duty-related death, disability, or injury 28B.10.567 powers 28B.10.555 traffic regulations 28B.10.560 Precollege classes students enrolled in precollege classes, enrollment information and report 28B.10.680, 28B.10.682, 28B.10.685 Printing use of state printing plant under terms of interlocal agreement between public printer and college 43.78.105 Printing and binding purchasing authority 28B.10.029 Printing requirements, exceptions 43.78.030 Private degree-granting institutions Ch. 28B.85 Property purchase and disposition 28B.10.029 Public employees’ retirement system higher education classified employees membership in retirement system 41.40.108 Purchase of materials and supplies authority, independent 28B.10.029 compliance with regulations as to required 43.19.200 general administration department services 43.19.190 Real property acquisition 28B.10.020 Reciprocity, British Columbia tuition and fee program program review 28B.15.758 waiver of nonresident tuition fees differential 28B.15.756 Reciprocity, Idaho tuition and fee program program review 28B.15.754 reimbursement 28B.15.752 waiver of nonresident tuition fees differential 28B.15.750 Reciprocity, Oregon tuition and fee program agreement, scope 28B.15.730 [RCW Index—page 124] implementation agreement 28B.15.734 program review 28B.15.736 reimbursement 28B.15.732 Records release for research procedure 42.48.010, 42.48.020, 42.48.030, 42.48.040, 42.48.050, 42.48.060 Regional universities Ch. 28B.35 bachelor’s degree authorized 28B.35.200 bond issues for buildings and facilities powers of trustees 28B.35.720 bond issues for buildings and facilities—1961 act definitions 28B.35.710 purpose, powers of trustees 28B.35.700 building fees disposition 28B.35.370 defined 28B.10.016 designation locations 28B.35.010 diplomas, issuance 28B.35.230 fees, See COLLEGES AND UNIVERSITIES, subtitle Fees fire protection services 28B.35.190 funds central college fund, abolished and moneys transferred to general fund 43.79.300 eastern college fund, abolished and moneys transferred to general fund 43.79.310 normal school permanent fund, sources 43.79.160 western college fund, abolished and moneys transferred to general fund 43.79.320 honorary degrees, authority to confer 28B.35.205 master’s degree authorization, limitations 28B.35.205 model schools and training departments apportionment of public school pupils 28B.35.310 attendance reports 28B.35.315 authorized 28B.35.300, 28B.35.320 estimate of required students 28B.35.305 normal school fund revenues, disposition 28B.35.370, 28B.35.751 organization, officers of board, quorum 28B.35.105 physical therapy, doctorate degree 28B.35.215 president duties 28B.35.390 housing allowance 28B.35.395 meeting 28B.35.400 purposes, eligibility for designation 28B.35.050 suspension, expulsion 28B.35.350 teaching certificates, contents 28B.35.230 trustees appointment, terms, vacancies, quorum 28B.35.100 general powers and duties 28B.35.120, 28B.35.195, 28B.35.196 meetings 28B.35.110 powers regarding issuance of bonds, investments, transfer of funds, etc. 28B.35.760 Remedial classes students enrolled in precollege classes, enrollment information and report 28B.10.680, 28B.10.682, 28B.10.685 Research ethics in public service 42.52.010, 42.52.220 release of confidential records procedure 42.48.010, 42.48.020, 42.48.030, 42.48.040, 42.48.050, 42.48.060 Research work by private corporations 28B.10.620, 28B.10.625 Resident student American Indian students 28B.15.0131 border county higher education opportunity project 28B.15.0139 classified 28B.15.011, 28B.15.013, 28B.15.015 defined 28B.15.012 Running start program 28A.600.300, 28A.600.310, 28A.600.320, 28A.600.330, 28A.600.340, 28A.600.350, 28A.600.360, 28A.600.370, 28A.600.380, 28A.600.385, 28A.600.390 Safety, campus 28B.10.569, 28B.10.5691 Savings bond program Ch. 28B.106 Scholarships American Indian endowed scholarship program Ch. 28B.108 college bound program Ch. 28B.118 food animal veterinarian conditional scholarship program Ch. 28B.121 foster care endowed scholarship program Ch. 28B.116 future teachers conditional scholarship and loan repayment program Ch. 28B.102 GET ready for math and science Ch. 28B.105 health professional conditional scholarship program Ch. 28B.115 passport to college promise program Ch. 28B.117 state scholars’ program purpose 28A.600.100 Washington promise scholarship program Ch. 28B.119 Senior citizens fees, waiver 28B.15.540 Services and activities fee committee 28B.15.045 Services and activities fees defined 28B.15.041 established 28B.15.069 institutional loan fund for needy students, allocation from 28B.15.043 Services and activities fees, See also COLLEGES AND UNIVERSITIES, subtitle Fees Small works roster publication requirements inapplicable 28B.10.350 Spokane intercollegiate research and technology institute Ch. 28B.38 Spokane intercollegiate research and technology institute, See SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE Standards for classifying residency 28B.15.013 State institutions facilities and equipment, use by educational institutions and other entities authorized 72.01.450, 72.01.452, 72.01.454, 72.01.458 State internship program executive fellows program 43.06.420 undergraduate internship program 43.06.420 State need grant program Ch. 28B.92 gaining independence for students with dependence, grant program Ch. 28B.133 State need grant program, See also FINANCIAL AID, STUDENT State register, considered state agency for purpose of 34.08.050 State universities Ch. 28B.30 defined 28B.10.016 State work-study program Ch. 28B.12 Steroids student athletes, loss of eligibility for use 69.41.340 Strategic information technology plans and performance reports on information technology requirements application to institutions of higher education 43.105.200 Student associations athletic printing and concessions, bids required 28B.10.640 governing body of subject to open public meetings act 42.30.200 Student educational loan contracts Ch. 26.30 Student exchange compact program Ch. 28B.76 Student housing liquor and illegal drug use, complaint procedures and sanctions 28B.10.575 (2008 Ed.) COLLEGES AND UNIVERSITIES liquor-free areas 28B.10.575 Student loan financing Ch. 28B.07 Student progression understandings authority of institutions 28B.10.693 Students classified as resident or nonresident 28B.15.011, 28B.15.013 "eligible student" defined regarding inability to complete term because of service in Persian Gulf 28B.10.017 insurance 28B.10.660 residence for election purposes not lost by Const. Art. 6 § 4 student child care in higher education grants Ch. 28B.135 timely completion of degree or certificate, policies 28B.10.695 unemployment compensation, disqualification 50.20.095 Tax deferred annuities in lieu of salary 28B.10.480 Teacher preparation programs excellence in teacher preparation award program educational grants, eligibility for and award of 28A.625.390 establishment 28A.625.360 rulemaking authority 28A.625.380 short title 28A.625.350 teacher educator award 28A.625.370 student teaching centers allocation of funds 28A.415.130 definitions 28A.415.105 field experiences 28A.415.140 legislative findings and intent 28A.415.100 network of centers, purpose 28A.415.125 rulemaking authority 28A.415.145 teacher placement, to act as alternative means of 28A.415.135 Teacher training courses 28B.10.140 Teacher training pilot programs Ch. 28B.76 Teachers preparation programs enhance awareness of teaching experience 28B.10.032 use of district schools for training teachers 28B.10.600 financing 28B.10.605 Technology high-technology education and training program Ch. 28B.65 Technology fees defined, use and approval 28B.15.051 exemption 28B.15.615 Term papers, theses, dissertations, sale of prohibited definitions 28B.10.582 violations, exemptions, injunctive relief, civil penalties 28B.10.584 Textbook information, publishers’ duties 28B.10.592 Traffic infractions jurisdiction 46.63.040 Traffic regulations authorized 28B.10.560 Transportation demand management programs Ch. 28B.130 Travel expenses of prospective employees 43.03.130 Trustees, See COLLEGES AND UNIVERSITIES, subtitle Governing boards Tuition advanced college tuition payment program Ch. 28B.95 billing statements 28B.15.0681 border county higher education opportunity project 28B.15.0139 college saving program Ch. 28B.95 defined 28B.15.020 established 28B.15.067, 28B.15.068 The Evergreen State College exemptions (2008 Ed.) nonresident tuition fees differential under western regional higher education compact 28B.70.050 joint programs, equalization of fees 28B.15.110 nonresident tuition fees differential definition 28B.15.022 regional universities exemptions nonresident tuition fees differential under western regional higher education compact 28B.70.050 timely completion of degree or certificate, policies 28B.10.695 University of Washington exemptions nonresident tuition fees differential under western regional higher education compact 28B.70.050 waiver educational employees 28B.15.558 state employees in classified service, conditions and limitations 28B.15.558 waivers veterans, national guard members 28B.15.621 Washington/Oregon reciprocity tuition and fee program, See COLLEGES AND UNIVERSITIES, subtitle Washington/ Oregon reciprocity tuition and fee program Tuition, See also COLLEGES AND UNIVERSITIES, subtitle Fees Unemployment compensation academic year, definition 50.44.050 benefits, terms and conditions 50.44.050 reasonable assurance defined 50.44.053 University of Washington arboretum and botanical gardens conveyance of part to Seattle 28B.20.354 deed 28B.20.352 grant of state land 28B.20.350 Lake Washington shorelands 28B.20.360 reconveyance for state highway purposes 28B.20.356, 28B.20.364 reverter for nonarboretum use 28B.20.356, 28B.20.364 Burke museum Ch. 27.40 campus approach highway authorized 47.20.590 acquisition of property for 47.20.600 condemnation for 47.20.610 measure of damage to buildings 47.20.620 use declared public use 47.20.605 sale of buildings and personalty acquired in acquisition of land 47.20.630 Seattle city ordinance requisite 47.20.635 children’s center for research and training in mental retardation administration 28B.20.412 established 28B.20.410 purposes 28B.20.414 courses, studies, and instruction courses exclusive to 28B.20.060 graduate work 28B.10.120 major courses common to University of Washington and Washington State University 28B.10.115 dentistry school authorized 28B.20.300 designation, name, location 28B.20.010 fees joint programs, equalization 28B.15.110 fees, See also COLLEGES AND UNIVERSITIES, subtitle Fees forest resources institute Ch. 76.44 forestry institute of forest resources Ch. 76.44 funds spending by regents limited to income 28B.20.145 University of Washington permanent fund, transfers from authorized 28B.20.800 hospital, authority to operate 28B.20.440 institute of forest resources Ch. 76.44 Lake Union shorelands, transfer to university 28B.20.370 liability coverage of university personnel and students authorized, scope 28B.20.250 exclusive authority—RCW 28B.20.250 through RCW 28B.20.255 28B.20.255 self-insurance revolving fund 28B.20.253 marine biological preserve 28B.20.320 medical school admissions preference for students from rural areas 28B.20.500 authorized 28B.20.300 occupational and environmental research facility acceptance and administration of loans, gifts, funds 28B.20.458 advisory committee 28B.20.456 construction and maintenance authorized 28B.20.450 research data and information 28B.20.454 submission of problems to facility 28B.20.454 railroad rights-of-way agreement 28B.20.332 confirmation, terms 28B.20.330 deed 28B.20.334 easement by deed 28B.20.336 real property eminent domain by railroads and canal companies against 81.36.010 streets and boulevards, conveyance of university site for dedication 28B.20.340 eminent domain barred 28B.20.344 local assessments barred 28B.20.342 use of trust lands for outdoor recreation Ch. 79A.50 realty, lease of public lands, lease provisions 28B.20.328 regents courses of study prescribed 28B.20.130 scholarships graduate scholarships in engineering 28B.20.420 direction of program, student qualifications 28B.20.422 Warren G. Magnuson institute for biomedical research and health professions training 28B.20.462 endowment fund 28B.20.472 endowment fund earnings, expenditure 28B.20.466 state matching funds, eligibility 28B.20.470 trust fund 28B.20.468 Vacation leave for personnel 43.01.042 Veterans tuition waivers 28B.15.621 Washington award for vocational excellence tuition and fee waivers or grants 28B.15.545, 28B.15.546 Washington scholar award tuition and fee waivers or grants 28B.15.543 Washington scholars and scholars-alternate awards Ch. 28B.76 Washington State University agricultural college grant 43.79.120 agricultural extension work 36.50.010 bond issues additional powers of regents 28B.30.750 bond issues for buildings and facilities—1961 act authorized issues, form and terms, interest 28B.30.730 concurrent with other acts 28B.30.780 definitions 28B.30.710 not general obligation of state 28B.30.770 powers of regents 28B.30.720 powers of regents, purpose 28B.30.700 refunding bonds, authorized 28B.30.760 Washington State University bond retirement fund [RCW Index—page 125] COLLUSION created, building fees and grants deposited 28B.30.740 bond issues for buildings and facilities—1977 act amount 28B.31.010 bond anticipation notes authorized 28B.31.020 bond retirement fund created 28B.31.060 certification of adequate funds for payment, prerequisite for issuance 28B.31.090 form, terms, conditions 28B.31.030 legal investment for public funds 28B.31.080 principal and interest, payment 28B.31.060 proceeds expenditure of, limitation 28B.31.050 subordination to liens of revenue bonds 28B.31.100 transfer of funds to state general fund 28B.31.070 building fees disposition 28B.15.310 courses, studies, and instruction agriculture 28B.30.065 exclusive majors 28B.30.060 graduate work 28B.10.120 major courses common to Washington State University and University of Washington 28B.10.115 dairy/forage and agricultural facility at Rainier school farm 28B.30.810 employees contracts, not to have interest in 28B.30.140 extension service Puget Sound water quality field agents program 28B.30.632 federal aid acceptance by state 28B.30.210, 28B.30.220 agricultural experiment stations assent by state 28B.30.255 university designated as recipient 28B.30.250 appropriation 28B.30.215 Morrill act funds 28B.30.200 Morrill fund 28B.30.275 state treasurer receiving agent for 28B.30.270 trust funds, status 28B.30.285 withdrawal of funds by university 28B.30.280 fees, See COLLEGES AND UNIVERSITIES, subtitle Fees funds agricultural college permanent fund, investment in regents’ revenue bonds 43.84.140 agricultural permanent fund allocation 43.79.130 created 43.79.130 source 43.79.130 Morrill fund 28B.30.275 scientific permanent fund allocation 43.79.110 created 43.79.110 scientific school permanent fund investment in regents’ revenue bonds 43.84.140 home economics extension work 36.50.010 medical and hospital care for students 28B.30.350 leases, contracts, agreements 28B.30.355 name, location 28B.30.010 Puget Sound water quality field agents program, See COLLEGES AND UNIVERSITIES, subtitle Washington State University, sea grant program real property annual report by department of natural resources 28B.30.310 realty, lease of public lands, hunting and fishing rights reserved, posting procedure, notice, hearing 28B.30.325 regents [RCW Index—page 126] bylaws, president of board, powers 28B.30.125 contracts, not to have interest in 28B.30.140 disbursement of funds 28B.30.130 generally 28B.30.100 management of university 28B.30.095 meetings 28B.30.120 powers and duties 28B.30.150 secretary of board, duties, bond 28B.30.135 treasurer appointment, duties 28B.30.130 scientific school grant 43.79.100 sea grant program definitions 28B.30.630 matching requirements 28B.30.634 stadium approach highway authorized, acquisition of property for 47.20.600 condemnation for 47.20.610 measure of damage to buildings 47.20.620 sale of buildings and personalty acquired in acquisition of land 47.20.630 use declared public use 47.20.605 trust assets, annual report to regents 28B.30.300 wine grape industry, instruction administration 28B.30.067, 28B.30.068 Western regional higher education compact Ch. 28B.70 tuition fees differential, nonresident exemption 28B.70.050 Western undergraduate exchange program students tuition differential waiver for nonresident students 28B.15.544 COLLUSION Payment of penalty or forfeiture with collusion does not bar subsequent recovery 4.24.170 COLUMBARIUMS (See CREMATION) COLUMBIA BASIN PROJECT (See also IRRIGATION DISTRICTS) County roads and bridges, establishment by plat 36.81.140 Farm to market roads in, bond issue Ch. 47.10 Irrigation districts in federal reclamation areas, contracts with United States Ch. 89.12 Reclamation districts in federal reclamation areas, contracts with United States Ch. 89.12 State lands within project, sale restrictions Ch. 90.40 Water appropriation Ch. 90.40 Yakima enhancement project 43.21A.470 COLUMBIA COUNTY Boundaries, tracing of 36.04.070 Superior court judges, number of 2.08.064 COLUMBIA RIVER Anadromous fish sanctuary 77.55.191 Astoria-Megler bridge, See BRIDGES, subtitle State toll bridges Columbia river compact Ch. 77.75 Columbia river gorge, shoreline management conformance with gorge commission 90.58.600 Columbia River Gorge commission cities conformance with law 35.22.700 optional municipal code, conformance with statutes 35A.63.200 counties, conformance with certain statutes 35.63.150, 36.32.550, 36.70.980 Fish cultural stations, laboratories, and protective devices for Columbia river fish 77.12.285 Hydroelectric projects, public utility districts to grant back easements to former owners of acquired property 54.16.220 Interstate compact determining WashingtonOregon boundary on Columbia river Ch. 43.58 Milwaukee road corridor Ch. 79.73 Salmon fishing certain gear prohibited 77.50.030 commercial net fishing in tributaries 77.50.040 Sanctuary act joint operating agencies and power commission provisions not to affect 43.52.440 Water rights United States water rights Ch. 90.40 Wildlife, cooperation with Oregon 77.12.325 COLUMBIA RIVER BASIN WATER SUPPLY Allocation and development 90.90.020 Columbia river basin water supply development account 90.90.010 Columbia river water delivery account 90.90.070 Impacts of water release 90.90.080 Information system 90.90.050 Inventory, supply and forecast 90.90.040 Lake Roosevelt, additional release 90.90.060 Voluntary regional agreements 90.90.030 COLUMBIA RIVER COMPACT (See FISH AND FISHING) COLUMBIA RIVER GORGE COMMISSION Compact ratified 43.97.015 Established 43.97.015 Grant of authority to various entities 43.97.025 Members 43.97.025, 43.97.035 COLVILLE INDIANS Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120, 37.12.130, 37.12.140 COMBINATIONS (See also MONOPOLIES) To effect prices, production or transportation of commodities, prohibited Const. Art. 12 § 22 COMBINED CITY COUNTY MUNICIPAL CORPORATIONS (See CITIES AND TOWNS, subtitle Combined city county municipal corporations; COUNTIES, subtitle Combined city county municipal corporations) COMBINED FUND DRIVE (See CHARITABLE ORGANIZATIONS) COMBUSTIBLES (See also EXPLOSIVES; FIRES) Cities and towns, second class cities, control of 35.23.440 COMIC BOOKS Erotic material, distribution to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 COMMANDER-IN-CHIEF (See MILITIA AND MILITARY AFFAIRS) COMMENCEMENT OF ACTIONS Appearances, See APPEARANCES Complaints, See COMPLAINTS Jurisdiction, See JURISDICTION Limitations on, See also LIMITATION OF ACTIONS Process, See PROCESS Service of process, See SERVICE OF PROCESS AND PAPERS Statute of limitations, actions deemed commenced for purposes of, when 4.16.170 Summons, See SUMMONS Venue, See VENUE COMMERCE AND ECONOMIC DEVELOPMENT Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Nuclear energy promotion and development, See NUCLEAR ENERGY AND RADIATION COMMERCIAL BANK (See BANKS AND BANKING) COMMERCIAL COACHES (See MANUFACTURED HOMES, MOBILE (2008 Ed.) COMMISSIONS HOMES, COMMERCIAL COACHES AND RECREATIONAL VEHICLES— SAFETY REQUIREMENTS) COMMERCIAL FEED (See FEED) COMMERCIAL FISHING (See FISH AND FISHING) COMMERCIAL LEASES (See CONSUMER LEASES) COMMERCIAL ORGANIZATIONS Nonprofit corporations, authorized 24.03.015 COMMERCIAL PAPER (See NEGOTIABLE INSTRUMENTS; UNIFORM COMMERCIAL CODE, subtitle Negotiable instruments) COMMERCIAL REAL ESTATE BROKERS (See REAL ESTATE BROKERS AND SALESPERSONS) COMMERCIAL TELEPHONE SOLICITATION Regulation Ch. 19.158 COMMERCIAL TRANSACTIONS (See UNIFORM COMMERCIAL CODE) COMMERCIALIZATION OF CRIME Disposition of profits 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.250, 7.68.260, 7.68.270, 7.68.280 COMMISSION MERCHANTS Advances for freight or transportation, See LIENS, subtitle Transportation, storage, and advancements Agents defined 20.01.010 fraud 20.01.220 license fee 20.01.040 livestock bond, dealer provides 20.01.210 principal licensee to be disclosed 20.01.090 Agricultural product defined 20.01.010 Agriculture department director’s powers and duties 43.23.160 Alternative bonding provision for certain dealers 20.01.211 Application of exemption contained in RCW 20.01.030 20.01.500 Bonds 20.01.210, 20.01.214, 20.01.230 acceptance of bond under packers and stock yards act of 1921 20.01.212 alternative provision for certain dealers 20.01.211 claims, appeals from denial of claim by director 20.01.214 dealer or agent, fraud 20.01.220 minimum amount 20.01.210, 20.01.212 prerequisite to obtaining license 20.01.210 security in lieu of 20.01.570 Brokers defined 20.01.010 license fee 20.01.040 memorandum of sales 20.01.400 Cargo manifest, bill of lading 20.01.410 Cash buyer defined 20.01.010 Cash or other security in lieu of bond 20.01.570 Change in firm organization, report of 20.01.140 Civil infractions monetary penalty, failure to pay 20.01.490 notice of hearing to contest charge, order, appeal 20.01.486 informal hearing, order, no appeal 20.01.488 issuance of, procedure 20.01.482 response, procedure 20.01.484 Conditioner defined 20.01.010 Consignor (2008 Ed.) creditors, failure to pay, procedure, action on bond, settlement of claim 20.01.240, 20.01.250, 20.01.260, 20.01.270, 20.01.280, 20.01.300, 20.01.310 defined 20.01.010 Construction of transaction when not in compliance 20.01.385 Contempt at hearings 20.01.310 Damaged or unfit products, certificate from department of health as to 20.01.450 Date of sale defined 20.01.010 Dealers bonds, alternative provision for certain dealers 20.01.211 defined 20.01.010 effect of failure to keep 20.01.385 fraud 20.01.220 license fee 20.01.040 payment for products, when 20.01.390 records 20.01.380 Definitions 20.01.010 Denial, suspension, revocation, or conditioning of licenses authority of director 20.01.330 grounds 20.01.330 Denial, suspension or revocation of licenses appeals 20.01.190 appellate review 20.01.200 authority of director 20.01.150 child support order noncompliance 20.01.205 fraud in application is grounds for 20.01.100 grounds 20.01.100, 20.01.340 order of 20.01.360 procedure 20.01.160, 20.01.170, 20.01.180, 20.01.190, 20.01.350 witnesses, fees 20.01.170 Director defined 20.01.010 Discrimination by processor 20.01.550 Disposition of fees and fines 20.01.130 Established or fixed place of business defined 20.01.010 Examinations 20.01.320 Exemptions from chapter 20.01.030 Fees and fines, disposition of 20.01.130 Fixed or established place of business defined 20.01.010 Fraud dealer or agent 20.01.220 Grower application of exemption contained in RCW 20.01.030 20.01.500 defined 20.01.500 file form showing crops processor is committed to purchase 20.01.530 Hay or straw dealers or merchants certified vehicle tare weight and certified vehicle gross weight required 20.01.125 failure to obtain 20.01.125 Hay or straw transporting vehicles may be stopped failure to stop, civil infraction 20.01.610 Injunctions against violations 20.01.470 Inspections 20.01.320 Investigations, search warrants, subpoenas 20.01.320 Licensed public weighmaster certified weight 20.01.010 defined 20.01.010 Licensee, presumption acting or commission merchant 20.01.475 Licenses applications 20.01.070, 20.01.080 another class, additional fee 20.01.060 Child support order noncompliance, effect 20.01.205 expiration 20.01.100 fees 20.01.040 issuance 20.01.100 list of licensees 20.01.110 posting of 20.01.110 renewals 20.01.050 required 20.01.040 vehicle license plates 20.01.120 Limited dealer defined 20.01.010 Livestock consignor 20.01.430 dealer bond agent 20.01.210 payment, when 20.01.390 Livestock, hay, grain or straw dealers, license as dealer or commission merchant required 20.01.038 Pooling contract defined 20.01.010 Presumption, licensee acting as 20.01.475 Processor application of exemption contained in RCW 20.01.030 20.01.500 committing to purchase more crops than plants can process, violation 20.01.540 defined 20.01.010, 20.01.500 discrimination by 20.01.550 forms showing maximum processing capacity, file, when 20.01.510 grower commitments on file 20.01.520 grower contracts on file 20.01.520 Producer defined 20.01.010 Prohibited acts, penalties 20.01.460 Proprietary need defined 20.01.010 Records commission merchants 20.01.440 dealers 20.01.380 effect of failure to keep 20.01.385 individual accounting 20.01.370 pooling arrangement 20.01.370 reporting, accounting, and record-keeping requirements, waiver by contract prohibited 20.01.086 Retail merchant defined 20.01.010 Rules and regulations 20.01.020 Sales date of, defined 20.01.010 report to consignor, remittance 20.01.420, 20.01.430 report to director of department of agriculture 20.01.420 Schedule of commissions and charges application for license to include 20.01.080 change of 20.01.080 failure to file grounds for denial or revocation of license 20.01.330 false charges, penalties 20.01.460 Security in lieu of bond 20.01.570 Seed bailment contract defined 20.01.010 Time of sale requirement, unlawful practice 20.01.465 Vehicle license plates 20.01.120 Violations committing to purchase more crops than plants can process 20.01.540 penalty 20.01.400 resulting in improper payment or nonpayment charges 20.01.480 COMMISSION ON STUDENT LEARNING Definitions 28A.655.010 COMMISSIONER OF PUBLIC LANDS (See PUBLIC LANDS, subtitle Commissioner of public lands) COMMISSIONS Agricultural commodity commissions class two groups 43.03.230 Agricultural commodity commissions, See also COMMODITY COMMISSIONS Attested by secretary of state Const. Art. 3 § 15 Compensation class five groups 43.03.265 class four groups 43.03.250 [RCW Index—page 127] COMMITMENT class one groups 43.03.220 class three groups 43.03.240 class two groups 43.03.230 Forest products commission Ch. 15.100 Rule-making authority, quasi-judicial, policy direction class three groups 43.03.240 Signed by governor Const. Art. 3 § 15 Sunset act, entities scheduled for termination Ch. 43.131 COMMITMENT Aliens, notice to immigration authorities, copies of clerk’s records 10.70.140, 10.70.150 Certified copy of conviction and sentence as mittimus 10.70.020 Children, See COMMITMENT, subtitle Juvenile court Costs in criminal proceedings, commitment to enforce payment 10.01.180, 10.70.010 Criminally insane acquittal by reason of insanity 10.77.110 confinement of committed person, custody, hearings, release 10.77.120 escape notification requirements 10.77.165 furlough notice 10.77.163 Debt, imprisonment for prohibited, exception Const. Art. 1 § 17 Delinquent juvenile, See COMMITMENT, subtitle Juvenile court Fine and costs commitment of defendant until paid 10.70.010 owed by defendant commitment of defendant to enforce payment 10.82.030 duration of confinement 10.82.030 rate per day 10.82.030 work rate per day 10.82.030 working out 10.82.040 Fugitive from another state 10.88.340 Habeas corpus habeas corpus writs suspended during martial law 38.08.030 limitation on discharge from 7.36.130 orders of commitment bail 7.36.150 discharge from 7.36.150 recommitment 7.36.150 orders of court, bail 7.36.150 temporary commitment authorized 7.36.240 Hospitals for mentally ill, applications, court commissioners’ power to hear and determine 2.24.040 Injunctions, default on bond in contempt for disobedience 7.40.170 Involuntary mental illness, See MENTAL ILLNESS Juvenile court petition for 13.34.040 Mental illness, See MENTAL ILLNESS Minors, See COMMITMENT, subtitle Juvenile court Ne exeat, default on bail bond 7.44.030 Perjury, commitment of witness for, detention of books and instruments 9.72.090 Veterans, commitment to veterans’ administration for hospital or institutional care procedure 73.36.165 COMMODITIES (See AGRICULTURAL MARKETING) COMMODITY BOARDS Fruit commodity committees 15.28.140, 15.28.150 Generally Ch. 15.65 Staff support funding 43.23.033 Trade promotion and development expenditures 15.04.200 [RCW Index—page 128] COMMODITY COMMISSIONS Consultation with department of agriculture 43.23.042 Export market development projects confidentiality of records 43.23.270 Generally Ch. 15.66 Staff support funding 43.23.033 Trade promotion and development expenditures 15.04.200 COMMODITY TRANSACTIONS Administrative proceedings 21.30.200 Administrator appointment, term, duties 21.30.390 powers and duties 21.30.230, 21.30.240, 21.30.250, 21.30.280, 21.30.290, 21.30.300, 21.30.320, 21.30.330, 21.30.340, 21.30.350 Application of the administrative procedure act 21.30.210 Board of trade requirements 21.30.050 Bond requirements, minimum net capital and fidelity 21.30.300 Classification of licenses 21.30.280 Commodity broker-dealer annual report and fee 21.30.290 bond requirements, minimum net capital and fidelity 21.30.300 license application for 21.30.230 denial, suspension, revocation or limitation of 21.30.350 examinations, waiver 21.30.250 expiration of 21.30.260 fees 21.30.240 records 21.30.320 examination of, copies, fees 21.30.340 reports, financial and other 21.30.310 Commodity contract place for trading, requirements 21.30.050 transactions involving prohibition, exceptions 21.30.020 Commodity merchant requirements 21.30.050 Commodity option place for trading, requirements 21.30.050 transactions involving prohibition, exceptions 21.30.020 Commodity sales representative annual report and fee 21.30.290 license application for 21.30.230 authority under, notification of changes 21.30.260 denial, suspension, revocation or limitation of 21.30.350 examinations, waiver 21.30.250 expiration of 21.30.260 fees 21.30.240 records 21.30.320 examination of, copies, fees 21.30.340 Consent for service of process 21.30.190 filed with license application 21.30.230 Cooperation with other agencies or organizations 21.30.180 Definitions 21.30.010 Director powers and duties 21.30.020, 21.30.100, 21.30.110, 21.30.120, 21.30.130, 21.30.180, 21.30.200, 21.30.400 Exemptions or exceptions burden of proof 21.30.220 Financial and other reports 21.30.310 Financial institutions, department director’s powers and duties 21.30.380 Information availability of, exceptions 21.30.170 unlawful use or disclosure of 21.30.160 Investigations procedure 21.30.110 public or private 21.30.100 Liability 21.30.070 none when act in good faith 21.30.150 Licenses application for 21.30.230 classification of 21.30.280 denial, suspension, revocation or limitation of 21.30.350 examinations, waiver 21.30.250 expiration of 21.30.260 fees 21.30.240, 21.30.290 limitations and conditions of 21.30.280 multiple, when permitted 21.30.270 Limitations and conditions of licenses 21.30.280 Minimum net capital and fidelity bond requirements 21.30.300 Multiple licenses, when permitted 21.30.270 Offers to sell or buy in this state 21.30.080 Penalties nonexclusive 21.30.370 Pleading exemptions or exceptions 21.30.220 Prohibited practices 21.30.060 Publications or electronic communications when not offers to sell or buy in this state 21.30.090 Records commodity broker-dealer 21.30.320, 21.30.340 commodity sales representative 21.30.320, 21.30.340 Reports financial and other 21.30.310 correcting amendments, exception 21.30.330 Responsibility for acts or omissions 21.30.070 Rules or orders prescribing terms and conditions 21.30.020 Securities laws not affected by 21.30.800 Service of process consent for 21.30.190 how made 21.30.190 Transactions conducted by certain persons exempt from prohibition 21.30.030 involving commodity contract or option, prohibition, exceptions 21.30.020 Transactions and contracts exempt from prohibition 21.30.040 Violations penalties 21.30.120, 21.30.130, 21.30.140 prosecuting attorney may bring criminal proceedings 21.30.360 COMMON CARRIERS (See TRANSPORTATION COMPANIES, subtitle Common carriers) Accidents investigation by utilities and transportation commission 81.28.280 notice to utilities and transportation commission 81.28.280 Actions against, See also COMMON CARRIERS, subtitle Liability Advances for freight or transportation, See LIENS, subtitle Transportation, storage, and advancements Animal importation, certificates required 16.36.050 Auto transportation companies, See TRANSPORTATION COMPANIES, subtitle Auto transportation companies Baggage liability 81.29.020 limitations upon amounts recoverable 81.29.050 Bills of lading delivery of goods without taking or canceling bill of lading 22.32.050 duty of common carrier to issue 81.29.020 extent of liability upon 81.29.020 falsification to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 fictitious, penalty 22.32.020 limitation upon liability written into void, exceptions as to baggage and livestock 81.29.020 (2008 Ed.) COMMUNICATIONS recovery of delivering or issuing carrier against other carrier 81.29.030 which carrier liable upon, how determined 81.29.020 who may recover 81.29.020 Bills of lading, See also BILLS OF LADING Bomb threats, penalty 9.61.160 Canal companies are Const. Art. 12 § 13 Charges, rate may be regulated by legislature Const. Art. 12 § 18 Claims, See COMMON CARRIERS, subtitle Liability Commission to regulate may be established Const. Art. 12 § 18 Commutation tickets, carrier may grant at special rates Const. Art. 12 § 15 Crimes relating to, See CRIMES, subtitle Common carriers Damages falsification or fraud to obtain transportation at less than established rates 81.28.220 rebating or discounting 81.28.210, 81.28.220 routing of freight 81.28.030 Discounting prohibited, treble damages 81.28.210, 81.28.220 Discrimination in charges or service prohibited Const. Art. 12 § 15 to deny public accommodations because of race, color, or creed, penalty 9.91.010 prohibited 81.28.180, Const. Art. 12 § 15, Const. Art. 12 § 18, Const. Art. 12 § 19 Duplicate receipts, not marking as 22.32.040 Excursion and commutation tickets, special rates Const. Art. 12 § 15 Facilities adequate and safe required 81.28.010 authority of commission to order improvement 81.44.010 authority of commission to order improvement in 81.28.240 unsafe or defective, reduction of speed or suspension of trains may be ordered 81.44.020 Falsification or fraud assisting or obtaining transportation at rates less than established rates, treble damages 81.28.210, 81.28.220 damage payments 81.28.210 shipment of property prohibited to be transported, use of false representation to obtain, treble damages 81.28.210, 81.28.220 Filings claims against, time limit for filing 81.29.020 contracts or agreements with other common carriers 81.28.060 rates and charges changes 81.28.050 contracts or agreements with other companies 81.28.060 joint rates 81.28.040 schedule 81.28.040 Food, drug, and cosmetic laws enforcement, inspection of records 69.04.810 Fraudulent tampering with goods 22.32.030 Free passes grant of to state officers prohibited Const. Art. 12 § 20 public officers forbidden to accept Const. Art. 2 § 39 Hay or straw transporting vehicles may be stopped 20.01.610 Industrial insurance, applicability 51.12.090, 51.12.095 Insurance, blanket disability, See INSURANCE, subtitle Group disability insurance Jurisdiction of public offense committed on Const. Art. 1 § 22 Liability baggage 81.29.020 limitation upon amounts recoverable 81.29.050 (2008 Ed.) criminal liability for violations 81.29.040 definition of common carrier 81.29.010 hazardous materials incidents 4.24.314 legislative control, subject to Const. Art. 12 § 13 receipts recovery of delivering or issuing carrier against other carrier 81.29.030 recovery of delivering or issuing carrier against other carrier 81.29.030 routing of freight, violations 81.28.030 Liens freight, transportation, storage Ch. 60.60 Loading and unloading, prompt service required 81.28.020 Motor freight carriers, See TRANSPORTATION COMPANIES, subtitle Motor freight carriers Passenger carriers alcoholic beverage sales, license 66.24.395 Passengers ejecting of, use of force, when lawful 9A.16.020 Passes not to be granted public officers Const. Art. 12 § 20 Promptness in receiving and transporting goods required 81.28.020 Public lands, right of way over, See PUBLIC LANDS Purchase or condemnation of, metropolitan municipal corporations 35.58.250 Radioactive or hazardous cargo placarded transportation of, prohibited, when 47.48.050 notice 47.01.270 Rail districts, See COUNTY RAIL DISTRICTS Railroad companies, defined as Const. Art. 12 § 13 Railroads, See RAILROADS; TRANSPORTATION COMPANIES, subtitle Railroads Rates and charges action to collect treble damages for rebates, discounts, refunds, etc., limitation upon 81.28.220 authority of commission to fix 81.28.230 changes filing 81.28.050 notice required 81.28.050 publication 81.28.050 contracts or agreements with other common carriers, filing 81.28.060 discrimination prohibited 81.28.180, Const. Art. 12 § 15 falsifications, assisting or obtaining transportation at rates less than established rates, treble damages 81.28.210, 81.28.220 free passes grant of to state officers prohibited Const. Art. 12 § 20 public officers forbidden to accept Const. Art. 2 § 39 interstate investigation by commission 81.28.250 joint rates filing 81.28.040 schedule 81.28.040 limitation of action for collection of 81.28.270 longer haul at less than shorter haul prohibited, exception 81.28.200 may be regulated by legislature Const. Art. 12 § 18 published rates to be charged, exceptions 81.28.080 falsifications to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 reasonableness required 81.28.010 schedules contents and requirements 81.28.040 filing 81.28.040 form 81.28.040 inspection 81.28.040 joint rates 81.28.040 notices 81.28.040 public inspection 81.28.040 unreasonable preferences prohibited 81.28.190 Rebating prohibited, treble damages 81.28.210, 81.28.220 Receipts delivery of goods without taking or canceling receipt 22.32.050 duplicate receipts, not marking as 22.32.040 falsification to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 fictitious, penalty 22.32.020 recovery of delivering or issuing carrier against other carrier 81.29.030 refusing to issue, penalty 22.32.010 Regulation by utilities and transportation commission Const. Art. 12 § 18 Routing of freight damages 81.28.030 duty as to promptness 81.28.030 Rules and regulations, reasonableness required 81.28.010 Services authority of commission to order improvement in 81.28.240 reasonableness required 81.28.010 Ships and vessels, See also VESSELS AND SHIPPING State of charges, legislature may regulate Const. Art. 12 § 18 Steamboats, See TRANSPORTATION COMPANIES, subtitle Steamboat companies Subject to legislative control Const. Art. 12 § 13 Tariffs, See COMMON CARRIERS, subtitle Rates and charges Telephone and telegraph companies, defined as Const. Art. 12 § 19 Transportation companies, defined as Const. Art. 12 § 13 Unreasonable preferences prohibited 81.28.190 Watercraft, See VESSELS AND SHIPPING Weight, falsification to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 Wrecks investigation by commission 81.28.290 notice to commission 81.28.280 COMMON LAW Fires, common law actions for 4.24.060 Penal statutes, supplemental to 9A.04.060 Rule of decision, as 4.04.010 COMMON SCHOOLS (See SCHOOLS AND SCHOOL DISTRICTS) COMMONS Second class cities 35.23.440 COMMUNICABLE DISEASES (See DISEASES) COMMUNICATION FACILITIES Underground, conversion to or installation cities and towns Ch. 35.96 counties 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480, 36.88.485 COMMUNICATION WITH A MINOR (See CRIMES, subtitle Communication with a minor) COMMUNICATIONS Bugging, See COMMUNICATIONS, subtitle Telephone Evidence telegraphic or electronic communications Ch. 5.52 Hostage or barricaded person situation [RCW Index—page 129] COMMUNIST PARTY telecommunications may be intercepted 9.73.030 Interception building owner, authorized, when 9.73.110 law enforcement officers application for authorization 9.73.130 pen registers and trap and trace devices 9.73.260 Juries, person in charge permitting communication with, penalty 9.51.030 Privileged 5.60.060 husband and wife family abandonment and nonsupport proceedings 26.20.071 public assistance records 74.04.060 supplemental proceedings 6.32.200 Radio, intercepting private conversations 9.73.030 Reproduced sound recordings Ch. 19.25 Sealed message or letter, intended for another person, opening or reading, penalty 9.73.020 Telecommunication device installation for access to emergency services 70.54.180 Telecommunications discrimination by company prohibited 80.36.220 order of sending by company 80.36.210 pay phones, calls to operator without use of coins 80.36.225 Telegraph crimes relating to 9.73.010, 9.73.020 Telephone 911 emergency communications networks exemption of system operated to assist public health or safety agencies in responding to calls from violation of privacy statutes 9.73.070 bugging prohibited, when 9.73.030 caller identification and location services exemption of utilities and transportation commission approved services from violation of privacy statutes 9.73.070 electronic interception devices, prohibited 9.73.030, 9.73.040, 9.73.050, 9.73.060, 9.73.080 exceptions from chapter 9.73.070 harassing calls 9.61.230 obscene or indecent calls 9.61.230 private conversations, intercepting, recording or divulging 9.73.030, 9.73.040, 9.73.050, 9.73.070, 9.73.090 civil suit for 9.73.060 grounds for obtaining court order 9.73.040 law enforcement officers 9.73.130 news media 9.73.030 Telephone calls, harassing permitting telephone to be used for illegal purpose 9.61.240 venue 9.61.250 Teletypewriter communications network, See TELETYPEWRITER COMMUNICATIONS NETWORK Transmission facilities attachments application on facilities of other companies, exemption 80.54.050 definitions 80.54.010 rates, terms, conditions determination, fixing, commission order 80.54.030 just and reasonable rate, criteria 80.54.040 regulation, authorized 80.54.020 uniformity of rates, required 80.54.070 COMMUNIST PARTY Declared to be subversive organization 9.81.083 COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF Abandoned cemeteries, preservation and maintenance 68.60.030 Accessory apartments [RCW Index—page 130] report to legislature on development and placement of accessory apartments 43.63A.215 Advisory groups 43.31.125 Affordable housing inventory of state-owned land available for lease as sites 43.63A.510 regulatory barriers, provision of technical assistance and information to state agencies and local governments to identify and remove 43.63A.660 Affordable housing program Ch. 43.185A Airport impact mitigation account 43.63A.760 Asset accumulation low-income families, pilot program 43.63A.765 Building communities fund program account 43.63A.766 accountability and reporting 43.63A.768 definitions 43.63A.764 established 43.63A.125 Building permits report on permits issued 19.27.150 Business departmental responsibilities 43.330.060 Business assistance center minority and women business development office 43.31.0925 Child care facility fund committee applications for loans, guarantees, and grants, requirements 43.31.512 grants, repayment requirements 43.31.514 grants and loans from fund, authority to make, conditions and limitations 43.31.506 loan guarantees for licensed child care facilities, conditions and limitations 43.31.508 organization and duties 43.31.504 Civil service exemptions 41.06.072 Clean Washington center Ch. 70.95H Community action agencies delivery system for federal and state antipoverty programs, designation as 43.63A.115 designation considerations 43.63A.105 Community and economic development fee account 43.330.155 Community development departmental responsibilities 43.330.050 energy assistance, departmental responsibilities 43.330.110 growth management departmental responsibilities 43.330.120 housing, departmental responsibilities 43.330.110 local infrastructure and public facilities grants and loans, departmental responsibilities 43.330.100 poor and disadvantaged persons departmental responsibilities 43.330.130 Community development finance program established 43.63A.075 Community economic revitalization board Ch. 43.160 Community empowerment zones Ch. 43.31C Community service agencies designation considerations 43.63A.105 Community services coordination of community and economic development services 43.330.080 local capacity development, training, and technical assistance duties 43.330.070 Court-appointed special advocate programs, department duties 43.330.135 Creation of department 43.330.020 Crime victims advocacy, office of 43.280.080, 43.280.081, 43.280.090 Cultural arts, stadium and convention districts comprehensive plan review 67.38.070 Definitions 43.330.010 Department branch offices 43.17.050 created 43.17.010 director appointment 43.17.020 chief assistant director 43.17.040 oath 43.17.030 powers and duties, generally 43.17.030 vacancy 43.17.040 foreign trade zones, responsibilities regarding 24.46.010 cities and towns 35.21.800 office maintained at state capital 43.17.050 rules 43.17.060 Development loan fund committee applications 43.168.070 duties of department 43.168.060 entitlement communities, grants 43.168.100 funds, use 43.168.090 minority and women-owned businesses 43.168.150 performance standards to be developed 43.168.130 Developmental disabilities endowment administration 43.330.230 definitions 43.330.195 governing board 43.330.205, 43.330.210 operating plan 43.330.225 principles governing 43.330.220 trust fund 43.330.200 Director amateur radio operators with special license plates, list of furnished to 46.16.340 appointment 43.17.020 appointment by governor 43.330.030 community economic revitalization board membership 43.160.030 energy facility site evaluation council member 80.50.030 executive head of department 43.330.030 management responsibility 43.330.007 powers and duties 43.330.040 salary 43.330.030 Drug prosecution assistance program advisory committee 36.27.110 creation 36.27.100 operations 36.27.120 Economic development associate development organizations 43.330.080, 43.330.082, 43.330.084, 43.330.086 commission Ch. 43.162 departmental responsibilities 43.330.050 diversification strategies, departmental responsibilities 43.330.090 industry clusters advisory committee, duties 43.330.090 inventory of grant opportunities 43.330.260 poor and disadvantaged persons departmental responsibilities 43.330.130 strategic reserve account 43.330.250 targeted sectors, departmental responsibilities 43.330.080 Economic development finance authority staff, limits on use of department staff 43.163.120 Emergency housing programs 43.63A.645 Emergency management administration of program transferred to military department Ch. 38.52 Emergency mortgage and rental assistance program in rural natural resources impact areas 43.63A.610, 43.63A.620, 43.63A.630, 43.63A.640 Employee ownership and self-management technical assistance 43.63A.230 Energy assistance departmental responsibilities 43.330.110 Energy freedom program generally Ch. 43.325 Energy office, transfer of certain powers and duties to department 43.330.904 Energy-related activities, powers and duties transferred to department Ch. 43.21F Environmental permits, department duties 43.330.125 (2008 Ed.) COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF Farmworker housing construction manuals and plans, to develop and make available 43.63A.500 one-stop clearinghouse 43.63A.505 Federal earned income tax credit outreach campaign 43.63A.767 Fees authorized 43.330.150, 43.330.152, 43.330.156 Film and video promotion account, use to promote production industry 43.330.092 Finance program established 43.63A.075 Fire protection transient accommodations, rulemaking authority 70.62.290 Fire protection services, provision by contract to state-owned property arbitration in the event of continued impasse between parties to contract negotiations 35.21.779 consolidation of contract negotiations with multiple state agencies 35.21.779 notification to department and affected agencies of intent to enter into contract negotiations 35.21.779 Foreign trade zones, responsibilities 36.01.120 Gang risk prevention and intervention pilot programs request for proposals 43.310.020 scope of programs 43.310.030 Green economy jobs growth initiative 43.330.310 Growth management departmental responsibilities 43.330.120 environmental planning pilot projects, department to establish 36.70A.385 inventory and collection of data, departmental duties 43.63A.550 Hanford area economic investment fund committee membership and duties 43.31.425, 43.31.428 established 43.31.422 Hanford reservation lease promotion of sublease for nuclear-related industry 43.31.205 Homeless persons housing and assistance Ch. 43.185C Home-matching program 43.63A.670, 43.63A.680 Housing departmental responsibilities 43.330.110 duties 43.63A.650 statewide housing market analysis 43.330.170 housing independent youth house program 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315 Housing assistance program created 43.185.015 homeless housing and assistance Ch. 43.185C Housing division mobile homes titling duties, transfer from department of licensing 46.12.295 Housing policy affordable housing advisory board 43.185B.020 duties 43.185B.030 definitions 43.185B.010 goal 43.185B.007 housing advisory plan preparation and reporting requirements 43.185B.040 legislative findings and purpose 43.185B.005 objectives 43.185B.009 Human trafficking coordinated state protocols 7.68.360 Incarcerated parents advisory committee, policies 43.63A.068 Independent youth housing program 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315 Industrial development program (2008 Ed.) responsibilities 39.84.090 Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Infrastructure and public facilities, coordination of grant and loan programs providing assistance in local communities 43.330.100 Innovation partnerships zones research and globally competitive firms 43.330.270, 43.330.280 Land use regional transfer of development rights program Ch. 43.362 Lead-based paint activities program Ch. 70.103 Legislative intent 43.330.005 Legislative purpose 43.330.007 Local excise tax reports by municipalities 67.28.8001 Local government bond information rule adoption 43.63A.155 submittal to department publication 43.63A.155 Low-income energy assistance termination of utility heating service, limitation 35.21.300, 80.28.010 termination of utility heating service, limitations 54.16.285 voluntary contributions from utility customers to assist low-income customers 54.52.010, 54.52.020, 54.52.030 Main street program advisory committee 43.360.040 definitions 43.360.010 department duties 43.360.020 designation of specific programs 43.360.030 findings, intent 43.360.005 trust fund account 43.360.050 Management responsibility 43.330.007 Manufactured housing consumer complaint and related duties, assumption from department of labor and industries 43.63A.460 safety and construction standards enforcement enforcement of federal standards 43.63A.465 expiration 43.63A.490 hearing procedures 43.63A.480 inspections and investigations, authority to conduct 43.63A.470 rule making authority 43.63A.475 violations, fines 43.63A.485 Microenterprise development program 43.330.290 Minority and women-owned businesses business development office 43.31.0925 linked deposit program technical assistance 43.63A.690 Motion picture competitiveness program Ch. 43.365 Newly incorporated city or town duty of department to assist during interim 35.02.260 Performing arts, art museums, and cultural facilities grant program to fund acquisition, rehabilitation, or construction 43.63A.750 Poor and disadvantaged persons departmental responsibilities 43.330.130 Portable oil-fueled heaters standards for sale and use 19.27A.090, 19.27A.100 Private activity bond allocation allocation criteria 39.86.130 allocation of state ceiling, procedure 39.86.140 definitions 39.86.110 initial allocation of state ceiling 39.86.120 reallocation, carryforwards 39.86.150 reports 39.86.190 Prostitution prevention and intervention services grant program 43.63A.720, 43.63A.725, 43.63A.730, 43.63A.735 Public works assistance account loans for preconstruction activity 43.155.068 loans or pledges, eligibility 43.155.070 Public works projects competitive bidding requirements 43.155.060 definitions 43.155.020 financing powers of board 43.155.060 legislative policy 43.155.010 public works assistance account established, purpose 43.155.050 public works board created 43.155.030 financing powers 43.155.060 powers 43.155.040 records, audits 43.155.080 Recycled materials and products market development 43.31.545 Regional transfer of development rights program Ch. 43.362 Retired senior volunteer programs distribution of funds 43.63A.275 Rural development council, successor organization 43.31.859 Rural Washington loan fund applications 43.168.040, 43.168.050, 43.168.055 definitions 43.168.020 established 43.168.110 guidelines for loans 43.168.120 Scenic and recreational highway, planning and design standards 47.39.040 SEED act, individual development accounts account 43.31.470 definitions 43.31.455 findings 43.31.450 foster youth program 43.31.465 program, rules 43.31.460 Sexual assault, victims of Ch. 70.125 Sexual assault treatment services 74.14B.060 Social services facilities, nonresidential building communities fund program account 43.63A.766 accountability and reporting 43.63A.768 definitions 43.63A.764 established 43.63A.125 Spokane intercollegiate research and technology institute Ch. 28B.38 State additional funds, purposes 43.31.475 report 43.31.480 short title 43.31.485 State and local government bond information annual report of issuers 39.44.210 definitions 39.44.200 submittal to department of community, trade, and economic development contents 39.44.210, 39.44.230 validity of bonds not affected by failure to file 39.44.240 State census board abolished 43.63A.150 State international trade fairs 43.31.810, 43.31.820, 43.31.830, 43.31.840 State trade fairs 43.31.832, 43.31.833, 43.31.834 Technology center administration, board of directors 28B.20.289 availability of facilities 28B.20.295 definitions 28B.20.287 department responsibilities 28B.20.293 staff, faculty, and facilities support 28B.20.291 Temporary assistance for needy families entrepreneurial assistance 43.330.145 training and industrial recruitment, department duties 43.330.145 Termination of utility heating service limitation 35.21.300, 80.28.010 Theft 43.330.300 Timber impact areas emergency mortgage and rental assistance program 43.63A.630, 43.63A.640 emergency mortgage assistance, guidelines 43.63A.610 [RCW Index—page 131] COMMUNITY ACTION AGENCIES emergency rental assistance, guidelines 43.63A.620 Tourism, Washington commission Ch. 43.336 Tourism promotion and development account 43.330.094 Trade countries of strategic importance to state’s international trade relations, identification 43.330.065 departmental responsibilities 43.330.060 international companies excise tax incentives 43.330.068 Urban development action grants use of federal community block grants 43.63A.075 Victims of sex offenders, community treatment services for grant program applications 43.280.030, 43.280.050 award of grants, peer review committee 43.280.060 eligible organizations 43.280.040 funding 43.280.020 gifts, grants, and endowments 43.280.070 Volunteerism and citizen service, center for Ch. 43.150 Washington marketplace program definitions 43.31.522 encouragement of in-state purchases by Washington businesses 43.31.524 purpose and duties 43.31.524 Youth, independent housing program 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315 Youth services facilities competitive process for assisting nonprofit youth organizations 43.63A.135 Youthbuild program, See YOUTHBUILD PROGRAM COMMUNITY ACTION AGENCIES (See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF, subtitle Community action agencies) COMMUNITY AFFAIRS, OFFICE OF Scenic and recreational highway, planning and design standards 47.39.050 COMMUNITY AND TECHNICAL COLLEGES (See also COLLEGES AND UNIVERSITIES) Adult education state board of education, cooperation 28B.50.250 transfer of powers of superintendent of public instruction and state board of education to state board for community and technical colleges 28B.50.912 Adult education, Washington advisory council on creation, membership, duties 28B.50.254 Adult literacy, office of creation in state board for community and technical colleges 28B.50.522 Adult literacy program Ch. 28B.06 Advanced college tuition payment program Ch. 28B.95 Advances for vendor payments 28B.50.143 Advisory committees, local 28B.50.252 AIDS curriculum and materials 28B.50.205 Applied baccalaureate degree pilot programs 28B.50.810 Apprentices and apprenticeship programs associate degree pathway 28B.50.890, 49.04.150 discrimination 49.04.120 responsibility for related and supplemental instruction 28B.50.880 student opportunities, secondary and middle schools 49.04.160, 49.04.170, 49.04.180, 49.04.190 waivers, apprentice education 28B.50.895 Athletes [RCW Index—page 132] steroid use, loss of eligibility 69.41.340 Athletics, intercollegiate coaches 28B.50.196 minimum standards, schools encouraged to comply 28B.50.195 Attendance, out of district residence not to affect enrollment 28B.50.150 Baccalaureate degree programs agreements with higher education institutions 28B.50.820 applied baccalaureate degree 28B.50.810 Bates Technical College board of trustees appointment 28B.50.1404 Bellingham Technical College board of trustees appointment 28B.50.1403 Board for community and technical colleges depository 28B.50.085 director appointment, term, qualifications, salary, powers, duties, delegation of powers 28B.50.060 exceptional faculty awards duties 28B.50.837 generally 28B.50.050 offices and office equipment 28B.50.080 organization of board, meetings 28B.50.070 powers and duties, generally 28B.50.090 report to governor 28B.50.070 reports to by boards of trustees of college districts 28B.50.130 treasurer, appointment, duties, bond 28B.50.085 video telecommunications programming responsibilities 28B.50.242 work force training and education coordinating board, duty to cooperate 28B.50.096 Boards of trustees agreements for use of facilities between common school districts and local college boards 28B.50.530 authority to sign checks 28B.50.320 Bates Technical College appointment 28B.50.1404 Bellingham Technical College appointment 28B.50.1403 bylaws 28B.50.130 Clover Park Technical College appointment 28B.50.1405 discretion to deposit forty percent of fees and income 28B.50.320 faculty senate, creation 28B.50.145 fiscal year 28B.50.130 Lake Washington Technical College appointment 28B.50.1401 membership generally 28B.50.100 powers and duties, generally 28B.50.140 Renton Technical College appointment 28B.50.1402 reports to state board for community and technical colleges 28B.50.130 rules 28B.50.130 treasurer, appointment 28B.50.142 Bond issues 1974 act refunding applicable law, security 28B.50.404 authority 28B.50.403 payment 28B.50.406 retirement fund, created, use 28B.50.405 state finance committee consent 28B.50.409 capital projects—1976 act Ch. 28B.59 capital projects—1977 act Ch. 28B.59B capital projects—1979 act Ch. 28B.59C capital projects—1981 act Ch. 28B.59D common school district bond issues, effect on indebtedness limitation 28B.50.740 facilities aid—1972 act Ch. 28B.56 general capital projects—1975 act Ch. 28B.58 special capital projects—1975 act Ch. 28B.57 surety, persons authorized to sign checks in college districts 28B.50.320 Washington’s future Ch. 28B.14H Bond issues for buildings and facilities additional powers incidental to bonding authority 28B.50.380 authority, repayment 28B.50.330 community and technical college bond retirement fund source of funds 28B.50.370 community and technical college capital projects account creation, use, deposit of building fees 28B.50.360 legislature may provide additional sources 28B.50.400 limited obligation, nature of bonds 28B.50.400 pledge to collect building fees for payment of bonds 28B.50.370 refunding, interest 28B.50.390 repayment 28B.50.340 Bond issues of common school district community and technical college facilities, effect on indebtedness 28B.50.740 continuation of payment by common school district 28B.50.600 Bond retirement fund declaration that bonds are no longer outstanding 28B.50.401 transfer of moneys to general fund 28B.50.402 Border county higher education opportunity project 28B.15.0139 Branch campuses colleges and universities, generally Ch. 28B.45 partnership with 28B.45.080 Buildings and facilities authority, bid procedure, grants 28B.50.340 bond counsel and consultants 28B.50.340 bond issues disposition of proceeds 28B.50.350 interest, form, term, issuance, sale, etc. 28B.50.350 financing, bid procedure 28B.50.330 Capital projects account 28B.50.360 Cascadia Community College board of trustees 28B.50.1406 Child care student child care in higher education grants Ch. 28B.135 Civil service, persons exempted 41.06.070 Civil service, See HIGHER EDUCATION PERSONNEL SYSTEM Clover Park Technical College board of trustees appointment 28B.50.1405 Collective bargaining Ch. 28B.52 College districts new districts, governor to appoint trustees 28B.50.098 College districts enumerated 28B.50.040 College savings program Ch. 28B.95 Community and technical college act of 1991 28B.50.010 Construction projects high-performance public buildings requirements 28B.10.354 Contracts personal service contracts 39.29.090 Course materials, cost savings 28B.10.590 Credit card marketing policies 28B.10.618 Customized employment training Ch. 28B.67 Defined 28B.10.016 Definitions 28B.50.030 Degrees, high school diploma, authority to issue 28B.50.535 Disabilities, persons with supplemental instructional materials 28B.10.916 vocational education 28B.50.455 (2008 Ed.) COMMUNITY AND TECHNICAL COLLEGES Disability history month 28B.10.918 Education savings account 43.79.465 Electronic job bank 28B.50.097 Employees attendance incentive program 28B.50.553 best practices audit of compensation and employment conditions, task force to conduct 28B.50.4892 cost-of-living increases 28B.50.465, 28B.50.468 joint employee-management committees 41.06.540 sick leave buyout for eligible employees 28B.50.553 sick leave records to be maintained 41.04.340 tenure provision 28B.50.868 Employees of community and technical college districts leave provisions 28B.50.551 Employees’ suggestion program Ch. 41.60 Employment contract, requirement 28B.50.855 Enrollment and degree priority, state 28B.10.056 Facilities shared by vocational-technical institute and K-12 programs administration and control of facility, determination of responsibility 28B.50.256 Faculty cost-of-living increases 28B.50.465 exceptional faculty awards endowment fund management 28B.50.844 established, trust fund 28B.50.837 foundation, defined 28B.50.8351 guidelines, matching funds, donations, disbursements 28B.50.839 local awards subject to collective bargaining 28B.50.843 matching funds, eligibility, contract requirements 28B.50.844 name of award, college duties, endowment proceeds 28B.50.841 false academic credentials 28B.50.463 part-time faculty continuous health care eligibility 28B.50.4894, 41.05.053 sick leave 28B.50.4893 state-mandated benefits 28B.50.489, 28B.50.4891 Faculty members and employees reduction in force 28B.50.873 Faculty senate, creation 28B.50.145 Faculty tenure plan administrative appointment, effect 28B.50.860 Administrative Procedure Act, application 28B.50.864 definitions 28B.50.851 educational programs in correctional institutions 28B.50.870 employment contract, requirement 28B.50.855 grant of tenure currently employed members 28B.50.868 presidents excepted 28B.50.868 maximum probationary period 28B.50.852 periodic posttenure evaluations 28B.50.872 probationary faculty appointment evaluation 28B.50.856 nonrenewal 28B.50.857 reduced work load assignments 28B.50.859 review committee appointments, composition 28B.50.869 rules 28B.50.852 tenured faculty member, dismissal appeal, procedure 28B.50.864 cause 28B.50.861 cause, enumerated 28B.50.862 review, procedure 28B.50.863 transfer to other community or technical college in district, retention of tenure 28B.50.867 Federal funds, receipt authorized 28B.50.520 Federal law, conflict, effect 28B.50.440 Fees (2008 Ed.) building fees 28B.15.069 community colleges waiver long-term unemployed or underemployed 28B.15.522 district 20 part time students 28B.15.100 operating fees limitation on total revenue waived, exempted, or reduced 28B.15.910 waiver, report 28B.15.915 refund, cancellation 28B.15.605 services and activities fees 28B.15.069 tuition fees 28B.15.067, 28B.15.068, 28B.15.069 waiver Washington award for vocational excellence 28B.15.545, 28B.15.546 Washington scholar awards recipients 28B.15.543 waivers 28B.15.520 Financial aid, See also FINANCIAL AID, STUDENT Financial aid programs state student financial aid program Ch. 28B.92 Financing contracts, See FINANCING CONTRACTS Forest products workers, dislocated program, tuition and fee waiver 28B.50.259 Foster care endowed scholarship program Ch. 28B.116 Fund for innovation and quality in higher education Ch. 28B.120 Funds disbursement by check, authorized person to execute surety bond 28B.50.320 higher education permanent funds, investment Const. Art. 16 § 6 investment of surplus funds 43.250.010, 43.250.020 statewide custody contracts 43.08.280 Gender-based discrimination Ch. 28B.110 General educational development test certificate of educational competency issuance 28B.50.536 state board for community and technical colleges rule-making authority 28B.50.536 General tuition fees, deposit 28B.50.320 High school diploma, authority to issue 28B.50.535 High school students cooperative agreements with Oregon and Idaho community colleges 28A.600.385 dual credit, secondary career and technical courses 28B.50.531 enrolled student not to be displaced 28A.600.340 enrollment in college courses, transmittal of funds 28A.600.310 existing agreements with school districts not affected 28A.600.400 high school completion program 28B.50.534 high school credit, maximum terms of enrollment for 28A.600.330 joint enrollment for secondary and postsecondary credit 28A.600.350 occupational and academic programs, authority to contract with public schools 28B.50.533 postsecondary courses, determination of high school credit, application toward graduation requirements 28A.600.360 postsecondary credit for college level courses 28A.600.370 rulemaking authority 28A.600.390 transportation, school district not responsible for 28A.600.380 Higher education construction accounts, certain abolished transfer of residue or credit 43.79.442 Higher education facilities authority, See HIGHER EDUCATION FACILITIES AUTHORITY Incidental fees deposit 28B.50.320 Income, deposit 28B.50.320 Information and technology literacy definition and standards for implementation 28B.10.125 Integrated pest management Ch. 17.15 International student exchange program established 28B.15.524 resident tuition for participants 28B.15.526 waiver of nonresident tuition fees differential 28B.15.527 K-20 telecommunications network, planning and operation Ch. 43.105 Laboratory services, contract with local law enforcement and other public agencies 28B.50.875 Lake Washington Technical College board of trustees appointment 28B.50.1401 Leave provisions 28B.50.551 Mathematics placement test, college readiness test 28B.10.679 Meningococcal disease information, students 70.54.370 Military personnel programs authorized, limitations 28B.50.092 funding, cost 28B.50.094 limitations 28B.50.093 Military reserves students called to active duty, rights 28B.10.270, 28B.15.625 Minority and women’s business enterprises, office of public works and procurement goals, compliance 39.19.060, 39.19.075 state agency or educational institution may be charged a reasonable fee based on its expenditure of funds subject to office 39.19.230 National guard students called to active duty, rights 28B.10.270, 28B.15.625 tuition waivers 28B.15.621 Nonresident of district, right to enroll in any community or technical college 28B.50.150 Opportunity grant program 28B.50.271, 28B.50.272, 28B.50.273, 28B.50.274 Paraeducators, associate of arts degree program 28A.630.400 Parking revenue deposit into state vehicle parking account, exemption 43.01.236 Performance agreements 28B.10.920, 28B.10.921, 28B.10.922 Persian Gulf "eligible student" defined regarding inability to complete term because of service in 28B.10.017 Personnel management joint employee-management committees 41.06.540 Personnel officer designation of, duties 41.06.510 Personnel resource and management policy 41.06.530 Pest control integrated pest management Ch. 17.15 Precollege classes students enrolled in precollege classes, enrollment information and report 28B.10.680, 28B.10.682, 28B.10.685 Printing and binding purchasing authority 28B.10.029 Project even start Ch. 28B.06 Property purchase and disposition 28B.10.029 Purchase of materials and supplies administration department services 43.19.190 authority, independent 28B.10.029 Real estate and other assets obtained for vocational-technical institute purposes by school districts [RCW Index—page 133] COMMUNITY AND TECHNICAL COLLEGES, BOARD FOR transfer of title to college district board, exceptions 28B.50.301 transfer of title to state board for community and technical colleges, exceptions 28B.50.302 Regional higher education consortium management North Snohomish, Island, and Skagit counties educational plan 28B.50.901 Regional planning agreements between colleges in overlapping service areas 28B.50.215 Registering at more than one college, rules 28B.50.095 Remedial classes students enrolled in precollege classes, enrollment information and report 28B.10.680, 28B.10.682, 28B.10.685 Renton Technical College board of trustees appointment 28B.50.1402 Residency waiver of nonresident tuition fees differential 28B.15.520 Running start program 28A.600.300, 28A.600.310, 28A.600.320, 28A.600.330, 28A.600.340, 28A.600.350, 28A.600.360, 28A.600.370, 28A.600.380, 28A.600.385, 28A.600.390 Safety, campus 28B.10.569, 28B.10.5691 Salaries 28B.50.140 Scholarships college bound program Ch. 28B.118 foster care endowed scholarship program Ch. 28B.116 GET ready for math and science Ch. 28B.105 passport to college promise program Ch. 28B.117 Washington promise scholarship program Ch. 28B.119 School district boards, common school system authority to enter into agreement for use of services or facilities with college boards of trustees 28B.50.530 payment of bonds on debt incurred before transfer 28B.50.600 School district bond issues for facilities under administration of college district board district to continue to redeem bonds 28B.50.601 School districts technical colleges, purchase of support services from school districts 28B.50.877 Seattle Vocational Institute advisory committee, membership and duties 28B.50.306 funding 28B.50.307 instructional staff and faculty, employment 28B.50.328 scholarships 28B.50.328 transfer of powers of Washington Institute for Applied Technology to 28B.50.913 tuition and fees authority to continue collection 28B.50.327 waiver 28B.50.328 Skill centers afternoon and evening programs for adults centers encouraged to operate programs 28C.22.010 industry certificate or credential 28B.50.532 Skill centers, see also SCHOOLS AND SCHOOL DISTRICTS, subtitle Skill centers Spokane area collaboration with Eastern Washington University and Washington State University 28B.30.050 State board for community and technical colleges high school students enrollment options rulemaking authority 28A.600.390 higher education personnel service fund contributions to fund 41.06.285 State board of education cooperation with college board for adult education programs 28B.50.250 [RCW Index—page 134] State need grant program Ch. 28B.92 State need grant program, See also FINANCIAL AID, STUDENT State register, considered state agency for purpose of 34.08.050 Steroids student athletes, loss of eligibility for use 69.41.340 Student loan financing Ch. 28B.07 Students "eligible student" defined regarding inability to complete term because of service in Persian Gulf 28B.10.017 gaining independence for students with dependence, grant program Ch. 28B.133 registering at more than one college, rules 28B.50.095 student child care in higher education grants Ch. 28B.135 timely completion of degree or certificate, policies 28B.10.695 Summer school operation on either a self-supporting or a statefunded basis authorized 28B.15.515 Teachers sick leave credit plan, application 28B.50.551 transfer to other community or technical college in district, retention of tenure 28B.50.867 Technical colleges basic education allocation for high school students enrolled in technical colleges allocation to serving college rather than school district 28A.150.275 high school districts currently enrolling students in vocational-technical institutes, continuing enrollment opportunities at technical colleges 28B.50.533 new college may contract with adjacent college district for administrative services 28B.50.528 purchase of support services from school districts 28B.50.877 school districts administrative charges, limitations on 28A.320.120 cooperation with colleges 28A.320.120 discrimination against college employees prohibited 28A.320.120 property, district not to remove from jurisdiction of college 28A.320.120 Textbook information, publishers’ duties 28B.10.592 Transportation demand management programs Ch. 28B.130 Travel expenses of prospective employees 43.03.130 Tuition advanced college tuition payment program Ch. 28B.95 billing statements 28B.15.0681 college saving program Ch. 28B.95 fees 28B.15.067, 28B.15.068 technical colleges and Seattle Vocational Institute, authority to continue collection 28B.50.327 timely completion of degree or certificate, policies 28B.10.695 waivers veterans, national guard members 28B.15.621 Unemployment compensation academic year, definition 50.44.050 benefits, terms and conditions 50.44.050 reasonable assurance defined 50.44.053 Vendor payments, advances or reimbursement 28B.50.143 Veterans tuition waivers 28B.15.621 Video telecommunications programming state board responsibilities 28B.50.242 Vocational education advisory committees, establishment of local committees, membership and duties 28A.150.500 Vocational-technical institutes employee sick leave to be transferred to college district 28B.50.482 employees, transfer of health care service contracts 28B.50.484 high school districts currently enrolling students in, continuing enrollment opportunities at technical colleges 28B.50.533 personnel option to reenroll in public employees’ benefits trust 28B.50.8742 personnel rights upon transfer to community and technical college system 28B.50.874 public employees’ and retirees’ insurance account, payments 28B.50.8744 transfer of powers of superintendent of public instruction to state board for community and technical colleges 28B.50.915 transfer of school district powers to state board for community and technical colleges 28B.50.914 Washington award for vocational excellence tuition and fee waivers or grants 28B.15.545, 28B.15.546 Washington Institute for Applied Technology transfer of powers to Seattle Vocational Institute 28B.50.913 Washington/Oregon reciprocity tuition and fee program, See COLLEGES AND UNIVERSITIES, subtitle Washington/ Oregon reciprocity tuition and fee program COMMUNITY AND TECHNICAL COLLEGES, BOARD FOR Adult education transfer of powers of superintendent of public instruction and state board of education to state board for community and technical colleges 28B.50.912 Adult education, Washington advisory council on creation, membership, duties 28B.50.254 Adult education programs, authority 28B.50.250 Adult literacy, office of creation and duties 28B.50.522 Adult literacy program Ch. 28B.06 Apprentices responsibility for related and supplemental instruction 28B.50.880 Depository 28B.50.085 Director appointment, term, qualifications, salary and expenses, powers, duties, delegation of powers from board 28B.50.060 Displaced homemaker program, duties relating to Ch. 28B.04 Electronic job bank 28B.50.097 Forest products workers, dislocated higher education program, tuition and fee waiver 28B.50.259 Fund for innovation and quality in higher education Ch. 28B.120 General educational development test rule-making authority 28B.50.536 Higher education personnel service fund contributions to fund 41.06.285 Industry skill panels 28C.18.130, 28C.18.140 Membership, generally 28B.50.050 Offices and office equipment 28B.50.080 Organization of board, meetings 28B.50.070 Personnel officer designation of, duties 41.06.510 Powers and duties, generally 28B.50.090 Project even start Ch. 28B.06 Real estate and other assets obtained for vocational-technical institute purposes by school districts transfer of title to state board for community and technical colleges, exceptions 28B.50.302 (2008 Ed.) COMMUNITY PUBLIC HEALTH AND SAFETY NETWORKS Report to governor 28B.50.070 Reports to by boards of trustees of college districts 28B.50.130 Vocational-technical institutes transfer of powers of superintendent of public instruction to state board 28B.50.915 transfer of school district powers to state board for community and technical colleges 28B.50.914 Work force training and education coordinating board college board’s duty to cooperate 28B.50.096 COMMUNITY COLLEGES (See COMMUNITY AND TECHNICAL COLLEGES) COMMUNITY COUNCILS Cities and towns composition 35.14.030 election 35.14.020 membership 35.14.020 terms of office 35.14.020 Island counties annexation of adjacent unincorporated areas 36.105.090 council members election and terms 36.105.060 county legislative authority, responsibilities 36.105.070 creation 36.105.040 definitions 36.105.020 dissolution and reestablishment 36.105.100 initial council members, election 36.105.050 powers 36.105.080 purpose 36.105.010 requirements 36.105.030 COMMUNITY CUSTODY (See SENTENCES, subtitle Community custody) COMMUNITY DEVELOPMENT, DEPARTMENT OF (See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF) COMMUNITY ECONOMIC REVITALIZATION BOARD Compensation and travel expenses 43.160.030 Conflicts of interest code of ethics 43.160.040 Definitions 43.160.020 Financial assistance to political subdivisions application procedures 43.160.060 conditions 43.160.070 Indian tribes 43.160.060 requirements 43.160.060 rural counties 43.160.076 Grants and loans competition enhanced, familiarize government officials 43.160.078 Highway improvements, existing highway necessitated by economic growth application process 47.01.280 Highway improvements necessitated by planned economic development procedures 43.160.074 Industrial development revenue bonds authority of board 39.84.200 Legislative findings and intent 43.160.010 Member designees 43.160.035 Membership 43.160.030 Powers 43.160.050 Private activity bond allocation allocation criteria 39.86.130 allocation of state ceiling, procedure 39.86.140 definitions 39.86.110 initial allocation of state ceiling 39.86.120 reallocation, carryforwards 39.86.150 reports 39.86.190 Public facilities construction loan revolving account 43.160.080 Records (2008 Ed.) audits 43.160.090 Recyclable materials processing facilities applications for assistance, notice to department of ecology 43.160.077 Report, evaluations 43.160.900 Rural counties financial assistance 43.160.076 COMMUNITY EMPOWERMENT ZONES Administration 43.31C.070 Amendment or termination 43.31C.050 Application for designation 43.31C.020 Community, trade, and economic development, department, duties 43.31C.060 Definitions 43.31C.010 Plan, contents 43.31C.040 Requirements for designation 43.31C.030 Tax deferral program Ch. 82.82 COMMUNITY FACILITIES (See GROUP CARE FACILITIES) COMMUNITY MUNICIPAL CORPORATIONS (See CITIES AND TOWNS, subtitle Community municipal corporations) COMMUNITY PLACEMENT (See SENTENCES, subtitle Community placement) COMMUNITY PRESERVATION AND DEVELOPMENT AUTHORITY Account 43.167.040 Authorities duties 43.167.030 powers 43.167.020 Formation, board of directors 43.167.010 Pioneer square - international district authority 43.167.060 Role of state/local government 43.167.050 COMMUNITY PROPERTY Agreements cancellation 26.16.120 corporations, nonliability for transfer of shares or securities pursuant to direction of surviving spouse or domestic partner 11.02.120 creditors, not to derogate from rights of 26.16.120 effective upon death 26.16.120 Construction liens claim of lien community interest, effect on 60.04.211 Contracts 26.16.120 Debts husband’s separate property 26.16.010 judgment lien for community debts 26.16.040 liability for debts upon death of either or both 4.20.046 prenuptial and antenuptial, liability 26.16.200 wife’s separate property 26.16.020 Deeds and conveyances between husband and wife 26.16.050 joinder of spouse 26.16.030 effect of failure, time for recording 26.16.100 real property 26.16.030 removal as cloud 26.16.110 power of attorney to third person, deed 26.16.090 purchaser’s title and rights 26.16.095, 26.16.100 recording of claim by husband or wife 26.16.100 Defined 26.16.030 Descent and distribution community property agreements 26.16.120 disposal by will, limitation on spouse 26.16.030 title to community real property vests immediately on death 11.04.290 Disposition, community property subject to probate administration 11.02.070 Executors and administrators, letters testamentary, surviving spouse or domestic partner entitled to 11.28.030 Homesteads may consist of 6.13.020 powers of attorney authorized 6.13.060 Income of separated spouses 26.16.140 Intestate, subject to descent and distribution 11.04.015 Joint tenancies, generally Ch. 64.28 Life insurance, interest in 48.18.440 Management and control 26.16.030 Mechanics’ liens community property 26.16.040 Medical assistance, allocation of income between institutionalized and community spouse 74.09.565 Medical assistance, allocation of resources between institutionalized and community spouse 74.09.575 Medical assistance, limited casualty program, transfer of income for eligibility 74.09.545 Medical assistance, transfer of resources, period of ineligibility due to 74.09.585 Nonprobate assets abatement of assets 11.10.040 liability of beneficiary 11.18.200 Personal property control and powers 26.16.030 disposal by will, limitation on spouse 26.16.030 Power of attorney 26.16.060, 26.16.090 Prenuptial debts, liability 26.16.200 Probate abatement of assets allocation of separate and community assets 11.10.030 gift from mixed separate and community property 11.10.020 Probate, community property subject to 11.02.070 Quasi-community property characterization of property 26.16.250 claims by surviving spouse 26.16.240 defined 26.16.220 disposition at death 26.16.230 lifetime transfers 26.16.240 waiver 26.16.240, 26.16.250 Real property control and management 26.16.030 deeds and conveyances between husband and wife 26.16.050 execution sales 26.16.040 liens 26.16.040 purchaser’s title and rights 26.16.095, 26.16.100 recording claim to by husband or wife 26.16.100 effect of failure 26.16.100 removal as cloud 26.16.110 sale or encumbrance, spouse must join 26.16.030 Recording instruments relating to 65.04.030 Release of claim powers of attorney 26.16.090 Separate debts, liability 26.16.200 Survival of actions cause of action remains asset of community property upon death of either husband or wife 4.20.046 liability to execution upon death of either or both husband and wife 4.20.046 Surviving spouse or domestic partner entitled to letters testamentary 11.28.030 Testamentary disposition, limitation on spouse 26.16.030 Wages, on death of spouse 49.48.120 COMMUNITY PUBLIC HEALTH AND SAFETY NETWORKS (See also VIOLENCE REDUCTION) Comprehensive plans, approval and compliance 70.190.130 [RCW Index—page 135] COMMUNITY REDEVELOPMENT FINANCING Duties 70.190.070 Expenditures, authorization and limitation 70.190.065 Family policy council, proposals to 70.190.030 Family policy council duties regarding 70.190.100 Federal and state plans affecting children, youth, and families, inclusion of networks 70.190.160 Federal restrictions on funds transfers, application for waivers 70.190.150 Funds administration 43.41.190, 43.41.195 Grants for use of school facilities 70.190.180 Interagency agreements 70.190.120 Lead fiscal agent 70.190.075 Liability, immunity 70.190.190 Membership and organization 70.190.060 Outcome evaluation 70.190.050 Planning grants and contracts with family policy council 70.190.090 Program review 70.190.110 Programs and plans 70.190.080 Sexual abstinence and delay of sexual activity campaigns 70.190.085 Transfer of funds and programs to state agency 70.190.170 COMMUNITY REDEVELOPMENT FINANCING Urban development and economic stability Ch. 39.88 COMMUNITY RENEWAL Acquisition of real property 35.81.090 Assignment of powers 35.81.160 Bond issues 35.81.100 legal investments 35.81.110 Conveyances, presumptions in regard to 35.81.140 Counties, as applicable to 35.81.015 Definitions 35.81.015 Discrimination 35.81.170 Eminent domain 35.81.080 Findings, requirement of 35.81.050 Formulation of program 35.81.040 General obligation bonds, authorized 35.81.115 Local improvement districts 35.81.190, 35.81.200 Powers of municipality 35.81.150 general grant 35.81.070 Private enterprise, encouragement of 35.81.030 Property exempt from process and taxes 35.81.120 Public bodies, powers of 35.81.130 Public officials and employees, interest in property in a project area 35.81.180 Purpose and necessity, declaration of 35.81.005 Requirements for approval of a project 35.81.060 COMMUNITY REVITALIZATION FINANCING Urban development and economic stability Ch. 39.89 COMMUNITY REVITALIZATION TEAM (See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF, subtitle Community revitalization team) COMMUNITY SERVICE ORGANIZATIONS Retired senior volunteer programs distribution of funds 43.63A.275 Violence reduction conflict resolution and mediation program 28A.300.280 Volunteerism and citizen service, center for Ch. 43.150 COMMUTATION Death sentence, governor’s power to commute 10.01.120 reasons for granting Const. Art. 3 § 11 report by governor to legislature Const. Art. 3 § 11 [RCW Index—page 136] Taxes, prohibition against state granting Const. Art. 11 § 9 COMMUTING (See MOTOR VEHICLES, subtitle Commuting; MOTOR VEHICLES, subtitle Ride sharing) COMPACTS (See INTERSTATE AGREEMENTS; INTERSTATE COMPACTS) COMPANIES (See ASSOCIATIONS; CORPORATIONS; PUBLIC UTILITIES; TRANSPORTATION COMPANIES) COMPARABLE WORTH Civil service state salary schedule 41.06.150, 41.06.155 COMPARATIVE FAULT Contributory negligence, damages diminished proportionally 4.22.005 Determination of percentage of fault among multiple parties 4.22.070 COMPARATIVE NEGLIGENCE Fault, defined 4.22.015 COMPENSATION (See also DAMAGES; EXPENSES AND PER DIEM; FEES; SALARIES AND WAGES) Boards and commissions class five groups 43.03.265 class four groups 43.03.250 class one groups part-time and advisory, coordinating, or planning 43.03.220 class three groups rule-making authority, quasi-judicial, policy direction 43.03.240 class two groups agricultural commodity commissions 43.03.230 Change of, during term of public officer, prohibited Const. Art. 3 § 25 exception Const. Art. 11 § 8 Crime victims, See VICTIMS OF CRIMES— COMPENSATION, ASSISTANCE Eminent domain appropriation of private property Const. Art. 1 § 16 jury to ascertain Const. Art. 1 § 16 right-of-way for corporations Const. Art. 1 § 16 Executors and administrators expenses of management allowed to 11.48.050 how fixed 11.48.210 special administrators 11.32.030 Judges pro tempore lodging, subsistence, travel expenses 2.28.160 Personal representative additional compensation 11.48.210 expenses of management allowed to 11.48.050 how fixed 11.48.210 reduction of or denial of by court for failure to perform duties 11.48.210 Personnel resources board 41.06.110 Public employment labor relations commission 41.58.015 Real property damages due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 COMPETENCY Mental illness, See MENTAL ILLNESS Wills, competency to make, See WILLS Witnesses dead man’s statute 5.60.030 executors and administrators 5.60.030 guardian or limited guardian 5.60.030 interested persons 5.60.030 intoxication 5.60.050 legal representative 5.60.030 mentally ill 5.60.050 unsound mind 5.60.050 who may testify 5.60.020 COMPETITION (See MONOPOLIES; UNFAIR TRADE PRACTICES) COMPETITIVE BIDDING (See BIDS AND BIDDING; PUBLIC WORKS, subtitle Bids and bidding) COMPLAINTS Action against joint debtor after judgment, original complaint part of pleadings, when 4.68.050 Amendment of variance in action to recover personal property 4.36.210 Attachment, amendments of 6.25.280 Commitment of minors, court commissioners’ power to hear and determine 2.24.040 Confession of judgment not to exceed 4.60.010 Controlled substances, See DRUGS Criminal procedure frivolous 10.16.080 complainant to pay costs 10.46.210 malicious 10.16.080 sheriff’s duty to make 36.28.010, 36.28.011 Declaratory judgments, bonds, test of validity 7.25.020 District judges commencement of action by 12.04.010, 12.04.030 filing of complaint and notice 12.04.030 form of complaint and notice 12.04.030 service of 12.04.040, 12.04.050, 12.04.080 Ejectment and quieting title actions, contents 7.28.120 Filing of for service by publication 4.28.110 Forcible entry and detainer proceedings 59.12.070 Joint debtors, after judgment, proceedings to bind, new complaint not necessary 4.68.020 Judgment in quieting title actions, contents 7.28.120 Landlord and tenant, rent default, sufficiency of compliant 59.08.030 Logging liens 60.24.140 Material allegations, defined 4.36.170 Mortgages, waiver of deficiency decree 61.12.070 Ne exeat, filing 7.44.020 Partition proceedings contents 7.52.020 supplemental complaint making lien creditors parties 7.52.150 Personal injury action complaint not to include statement of damages 4.28.360 Pleadings, See PLEADINGS Rent default proceedings notice 59.08.010 as notice to quit 59.08.080 sufficiency of 59.08.030 Requisites of district court civil procedure 12.08.020 Service of actions against state 4.92.020 district court civil proceedings 12.04.040 Titles of real property actions unknown claimants in, how described 4.28.150 Uncontroverted allegations, effect of district court civil procedure 12.08.080 Untried complaints against prisoners disposition of 9.98.010, 9.98.020, 9.98.030, 9.98.040 COMPOST PRODUCTS Highway construction and maintenance purchasing schedule for use in transportation projects 47.28.220 (2008 Ed.) CONDOMINIUMS Local road projects, use in 43.19A.110 COMPREHENSIVE PLANS (See HEALTH PLANNING AND RESOURCES DEVELOPMENT; LAND USE PLANNING; PLANS AND PLANNING; ZONES AND ZONING) COMPROMISE Tort claims against state attorney general, authority to settle and compromise 4.92.150 COMPROMISE OF MISDEMEANORS Bar to another prosecution for same offense 10.22.020 Compromise of other offenses prohibited 10.22.030 Costs 10.22.020 Procedure 10.22.020 When permitted, exceptions 10.22.010 COMPUTER TRESPASS Access defined 9A.52.010 Commission of other crimes 9A.52.130 Computer program defined 9A.52.010 Data defined 9A.52.010 First degree 9A.52.110 Malicious mischief 9A.48.100 Physical damage defined 9A.48.100 Second degree 9A.52.120 COMPUTERS Community technology opportunity program Ch. 28B.32 Cyberstalking 9.61.260 E-mail unpermitted or misleading commercial messages, prohibition Ch. 19.190 Games violent video or computer games, sale to minors 9.91.180 Hardware trade-in or exchange information, recordkeeping requirements Ch. 19.194 High technology businesses tax credits and deferrals Ch. 82.63 Information technology, preparation of agency portfolio and performance report 43.105.170, 43.105.172 Information technology projects, state funding policies and standards, duty of director of office of financial management to establish 43.88.560 Joint legislative systems committee administrative committee membership 44.68.030 powers and duties 44.68.050 travel expenses 44.68.090 coordinator duties 44.68.040 secretary of administrative committee 44.68.030 created 44.68.020 definitions 44.68.010 electronic access to legislative information 44.68.100 members, terms, vacancies 44.68.020 service center establishment, duties 44.68.060 travel expenses 44.68.090 K-20 telecommunications network, planning and operation Ch. 43.105 Legislature information and communication functions, applicable law 44.68.080 surplus equipment, donation to schools 44.04.250 Personal information—notice of security breaches Ch. 19.255 Public disclosure commission electronic filing of reports 42.17.369, 42.17.3691 web site access to commission documents 42.17.367 Service contracts Ch. 48.110 Software (2008 Ed.) services, tax imposed 82.04.29001 tax exempt 84.36.600 valuation 84.40.037 Spamming Ch. 19.190 Spyware action, who may bring 19.270.060 application of provisions 19.270.050 chapter 19.86 RCW not affected 19.270.080 definitions 19.270.010 local laws, chapter preempts 19.270.070 unlawful activities 19.270.020, 19.270.040 State agency data processing expenditures authorization by legislature required, penalties for violations 43.105.210 State information services planning and management Ch. 43.105 State ownership and use of, See also INFORMATION SERVICES, DEPARTMENT OF Strategic information technology plan, state preparation and submission by department of information services 43.105.160 Surplus state equipment donation to schools authorized 43.19.19191 Trespass, See COMPUTER TRESPASS Year 2000 failure liability 4.22.080 CONCEALMENT Attachment, bond unnecessary, when 6.25.080 Birth of child, penalty 9.02.050 Debtors, by attachment grounds 6.25.030 Ejectment and quieting title, service by publication on concealed defendants 7.28.010 Executors and administrators, concealment of estate property, procedure 11.48.070 Fetus concealing birth of 9.02.050 Firearms, on person prohibited, exceptions 9.41.050 Logging liens, concealment or injury to property, liability to lien holder 60.24.200 Personal representatives, concealment of estate property, procedure 11.48.070 Service by publication if concealed defendant 4.28.100 Tolling of statutes of limitations 4.16.180 CONCESSIONS County park and recreation service areas, concessions, proceeds, disbursement of 36.68.560 Toll bridge authority, powers and duties relating to, generally 47.56.070 CONCLUSIONS OF LAW Decision of commissioner, exception to, necessity of 4.80.020 referee, exception to, necessity of 4.80.020 Parties may submit, procedure 4.44.070 Referee’s report exceptions to, necessity of 4.80.020 to separately state 4.48.070 set aside if 4.48.090 Reports of court commissioners, exceptions to, necessity of 4.80.020 CONCRETE Cement trucks axle loading controls 46.44.043 CONDEMNATION (See also EMINENT DOMAIN) Blighted property authority to enter property or buildings 35.80A.040 cities, towns, and counties, authorization 35.80A.010 disposition of property acquired by condemnation 35.80A.030 financial assistance, acceptance 35.80A.040 transfer of property acquired by condemnation 35.80A.020 Condominiums compensation and allocation of interests 64.34.060 County roads and bridges service districts 36.83.090 Fire protection districts 52.12.051 Pesticides or devices 15.58.170 Poisons caustic or corrosive substances, misbranded 69.36.030 Rail districts 36.60.070 CONDITIONAL SALES Conditional sales contracts for purchase of real or personal property by cities and towns, metropolitan park districts, counties, and library districts authorized, indebtedness limitations 39.30.010 Destruction, conversion, sale, removal, etc., of property to avoid, penalty 9.45.060 Schools, conditional sales contracts for acquisition of property, limitations, joint action 28A.335.200 CONDITIONS Pleadings, conditions precedent, performance of 4.36.080 Postponement of trial, costs payment to adverse party as condition of 4.84.100 Precedent burden of proof of performance 4.36.080 contracts 4.36.080 pleading of performance of, how 4.36.080 vacation or modification of superior court judgments 4.72.050 CONDOMINIUMS Actions, right of manager or board of directors to bring 64.32.240 Actions for damages, maintenance against association of apartment owners 64.32.240 Apartment access to for maintenance, repair or replacement of common areas and facilities therein 64.32.050 classified as real property 64.32.030 deemed a parcel and subject to separate assessment and taxation 64.32.190 Apartment owners agreements, decisions and determinations made by association of apartment owners binding on all owners 64.32.250 alteration of percentage of undivided interest in common areas and facilities 64.32.050 common right to share in common areas and facilities 64.32.040 compliance with bylaws, rules and regulations, declaration, or deed enjoined 64.32.060 exclusive ownership and possession of apartment 64.32.040 exemption from liability for common expenses prohibited 64.32.180 joint ownership permitted 64.32.040 nonexclusive easement for use of common areas and facilities 64.32.050 percentage of undivided interest in common areas and facilities, how computed 64.32.050 subject to chapter, declaration and bylaws 64.32.050 undivided interest in common areas and facilities 64.32.050 Application of chapter 64.32.020 Application of chapter to new and existing condominiums 64.34.010 Assessments for common expenses 64.34.360 liens for 64.34.364 Association of apartment owners, access to apartment to maintain, repair or replace common areas and facilities therein 64.32.050 Board of directors 64.34.308 Bylaws compliance with property owner enjoined 64.32.060 [RCW Index—page 137] CONDOMINIUMS construction and validity 64.34.208 Common areas and facilities 64.32.180 alternation of percentage of undivided interest of apartment owners 64.32.050 classified as real property 64.32.030 maintenance, repair and replacement, how carried out 64.32.050 nonexclusive easement of apartment owner to use 64.32.050 partition or division of prohibited, covenants to contrary void 64.32.050 percentage of undivided interest of property owner, how computed 64.32.050 recomputation of percentage of undivided interest of apartment owners 64.32.050 right of each apartment owner to share in 64.32.040 undivided interest of property owner in 64.32.050 Common elements allocation of interests, votes, and expenses 64.34.224 conveyance 64.34.348 easement rights of declarant 64.34.260 encumbrance 64.34.348 limited common elements allocation, reallocation, and incorporation 64.34.228 Common expenses 64.32.180 assessments to pay for, collection 64.32.200 charged to apartment owners 64.32.080 conveyance of apartment, grantee liable for common expenses and assessments 64.32.210 foreclosure of mortgage, liability of mortgagee for common expenses or assessments 64.32.200 insurance premiums 64.32.220 judgments against common areas and facilities for damages 64.32.240 lien on apartment for assessments 64.32.200 Common expenses, assessments for 64.34.360 liens for 64.34.364 Common profits distribution among apartment owners 64.32.080 foreclosure of mortgage, liability of mortgagee for common expenses or assessments 64.32.200 insurance premiums 64.32.220 judgments against common areas and facilities for damages 64.32.240 lien on apartment for assessments 64.32.200 Condemnation compensation and allocation of interests 64.34.060 Condominium act construction against implicit repeal 64.34.940 short title 64.34.900 uniformity of application and construction 64.34.950 Construction defect disputes application of Ch. 64.55 RCW 64.34.073 generally Ch. 64.55 Contracts contracts and leases of declarant, termination 64.34.320 good faith obligation in performance and enforcement 64.34.090 liability for breach 64.34.344 purchaser’s right to cancel 64.34.420 unconscionable contract or clause determination 64.34.080 limitations on enforcement 64.34.080 Conversion condominiums inspection and repair requirements authority of city or county to require 64.34.440 notice to tenants 64.34.440 project reports 64.34.442 public offering statements 64.34.415 tenants notice of conversion 64.34.440 [RCW Index—page 138] opportunity to purchase leased units 64.34.440 relocation assistance 64.34.440 rights 64.34.440 Conveyance of apartment, liability of grantee for unpaid assessments 64.32.210 Conveyances release of liens 64.34.435 sale of units requiring delivery of public offering statement prohibited until specified conditions met 64.34.418 Covenants, partition or division of undivided common areas and facilities void 64.32.050 Creation of condominium 64.34.200 Damage or destruction to property, disposition of property upon 64.32.230 Damages, consequential, special, and punitive limitations on award of 64.34.100 Declarants contracts and leases of declarant termination 64.34.320 control of unit owners’ association transfer to association 64.34.312 development rights liability for expenses for property subject to 64.34.328 easement rights through common elements 64.34.260 "must be built" improvements duty to complete 64.34.465 offices and models right to maintain in condominium 64.34.256 repair and restoration of damage created by exercise of reserved rights 64.34.465 special declarant rights transfer 64.34.316 tort and contract liability 64.34.344 Declaration recording 64.32.140 Declarations amendment of 64.34.264 amendment to, percentage of apartment owners required 64.32.080, 64.32.090 apartment owners subject to 64.32.250 common elements allocation of interests, votes, and expenses 64.34.224 limited common elements allocation, reallocation, and incorporation 64.34.228 construction and validity 64.34.208 contents 64.32.080, 64.32.090, 64.34.216 leasehold condominiums information to be included in declaration concerning 64.34.220 Deeds, form 64.04.055 Deeds or other conveyances of apartments, contents 64.32.120 Definitions 64.32.010, 64.34.020 Deposits on purchase or reservation of unit to be placed in escrow 64.34.430 Development rights exercise of rights 64.34.236 real property, right constitutes separate parcel 64.34.040 taxation and assessment of rights separately 64.34.040 Easements declarant through common elements 64.34.260 nonexclusive easement of apartment owner to use common areas and facilities 64.32.050 Escrow deposits on purchase or reservation of unit to be placed in 64.34.430 Findings and intent, legislative 64.34.005 Homestead exemption 6.13.080 Insurance authorized 64.32.220 coverages to be maintained by unit owners’ association 64.34.352 notice of conveyance of unit to insurance carrier 64.34.354 premiums as common expenses 64.32.220 Law and equity general principles, when consistent, supplement chapter 64.34.070 Leasehold condominiums information to be included in declaration 64.34.220 merger of leasehold and fee simple interests 64.34.220 recording 64.34.220 reduction in number reallocation of allocated interests 64.34.220 rents, collection 64.34.220 Leases contracts and leases of declarant, termination 64.34.320 Lenders rights of secured lenders 64.34.272 Liens affecting condominium 64.34.368 Liens or encumbrances arising after recording declaration, ineffective 64.32.070 assessments for common expenses constitute a lien, enforcement 64.32.200 damage or destruction to property, transfer of liens 64.32.230 effectiveness against apartments and percentage of undivided interest in common areas and facilities 64.32.070 labor or materials furnished for common areas and facilities, effectiveness of lien 64.32.070 labor or materials furnished with consent of apartment owner, no basis for lien against other apartment or common areas 64.32.070 payment and satisfaction of before first conveyance of each apartment 64.32.130 removal of lien from apartment or undivided interest in common areas and facilities by payment of proportional amounts 64.32.070 Local ordinances, regulations and building codes applicability 64.34.050 Maintenance and repair responsibilities of unit owners and unit owners’ association 64.34.328 Master associations 64.34.276 Merger or consolidation 64.34.280 Mortgages damage or destruction to property, transfer of mortgages 64.32.230 foreclosure of mortgagee, liability for common expenses or assessments 64.32.200 payment and satisfaction before first conveyance of apartment 64.32.130 Mutual savings banks, powers as to horizontal property regimes or condominiums 32.04.025 Name reservation 64.34.202 Officers 64.34.308 Partition, damage or destruction to property, remaining property subject to action for partition 64.32.230 Plans, contents, verification, recording and filing 64.32.100 Platting, subdivision and dedication of land act, exemption 58.17.040 Property taxes, property subject to 64.32.190 Public offering statements contents 64.34.410 conversion condominiums 64.34.415 liability 64.34.405 purchaser’s right to cancel for failure to deliver 64.34.420 requirements 64.34.405 sale of units requiring delivery of conveyance of interest prohibited until specified conditions met 64.34.418 single disclosure document, use of 64.34.417 (2008 Ed.) CONFIRMATION Purchaser protection applicability of article 64.34.400 "must be built" improvements declarant’s duty to complete 64.34.465 "need not be built" improvements labeling in promotional materials 64.34.460 promotional material labeling of "need not be build" improvements 64.34.460 repair and restoration of damage created by declarant’s exercise of reserved rights 64.34.465 waiver 64.34.400 Recording and filing declaration 64.32.140 instruments 64.32.140 Records of receipts and expenditures 64.32.170 Remedies for aggrieved parties liberal administration 64.34.100 Removal of property from chapter, procedure, effect 64.32.150 Resale of units 64.34.425 Residential property seller’s disclosures, requirements Ch. 64.06 Resubmission of property to provisions of chapter 64.32.160 Sale, seller’s disclosures required Ch. 64.06 Sale of units requiring delivery of public offering statement conveyance of interest prohibited until specified conditions met 64.34.418 Service of process and papers 64.32.240 Short title 64.32.900 Subassociations delegation of power to 64.34.278 Survey map of land surface, contents, verification, recording and filing 64.32.100 Survey maps and plans 64.34.232 Termination of condominium 64.34.268 Timeshare regulation, See TIMESHARE REGULATION Tort liability 64.34.344 Unit owners’ associations assessments for common expenses 64.34.360 liens for 64.34.364 boards of directors 64.34.308 bylaws 64.34.324 common elements conveyance or encumbrance of 64.34.348 common expenses, assessments for 64.34.360 liens for 64.34.364 control of association transfer from declarant 64.34.312 funds and financial records 64.34.372 insurance, notice to carrier of conveyance of unit 64.34.354 insurance, required coverages 64.34.352 meetings 64.34.332 proxies 64.34.340 quorums 64.34.336 voting 64.34.340 officers 64.34.308 organization 64.34.300 powers 64.34.304 records 64.34.372 reserve account 64.34.380, 64.34.384, 64.34.390 reserve study 64.34.380, 64.34.382, 64.34.386, 64.34.388, 64.34.390 subassociations, delegation of power to 64.34.278 surplus funds 64.34.356 tort and contract liability 64.34.344 trustee status in dealings with third person 64.34.376 Units adjoining units relocation of boundaries between 64.34.244 alterations owner’s rights 64.34.240 boundaries designation and determination 64.34.204 monuments as boundaries 64.34.252 (2008 Ed.) physical boundaries 64.34.252 relocation between adjoining units 64.34.244 conveyances notice to insurance carrier 64.34.354 release of liens 64.34.435 restricted until specified conditions met for units requiring delivery of public offering statement 64.34.418 description required elements 64.34.212 owner’s right to make alterations 64.34.240 real property, each constitutes separate parcel 64.34.040 resale 64.34.425 subdivision of units 64.34.248 taxation and assessment of each separately 64.34.040 taxation and assessment when all units are declarant owned 64.34.040 Variation by agreement from provisions of chapter limitations and prohibitions 64.34.030 Violations of chapter, declaration, or bylaws award of attorneys’ fees 64.34.455 right of action 64.34.455 Warranties express warranties of quality 64.34.443, 64.34.452 implied warranties of quality 64.34.445, 64.34.450, 64.34.452 qualified warranties application of RCW 48.01.040 64.35.106 attorneys’ fees 64.35.115 beginning dates for coverage 64.35.320, 64.35.325 change of ownership 64.35.120 claims 64.35.520, 64.35.525 claims, disputed 64.35.605, 64.35.610 definitions 64.35.105 exclusions, authorized 64.35.410, 64.35.415 expiration dates, schedule of 64.35.510 five-year building envelope warranty 64.35.310 information, failure to provide 64.35.505 limits on amounts 64.35.420 living expense allowance 64.35.330 mitigate, duty to 64.35.515 no duty to offer 64.35.110 notice, history of claims 64.35.210 prohibited policy provisions 64.35.425 provisions insurer may include 64.35.405 remedy and procedure, application of chapter 64.50 RCW 64.35.205 repairs and replacements 64.35.335 ten-year structural defects warranty 64.35.315 two-year materials and labor warranty 64.35.305 Zoning ordinances, resolutions or laws, application 64.32.110 CONFESSIONS Conviction, confession in open court convicts 10.01.060 Court, open, effect in treason Const. Art. 1 § 27 Made under duress, cannot be used 10.58.030 Made under inducement, cannot convict unless corroborated 10.58.030 CONFIDENTIALITY (See also PRIVILEGED COMMUNICATIONS) Adoption birth parent search 26.33.343 files of agency, department, and court confidential, exceptions 26.33.340 records sealed, conditions for inspection 26.33.330 release of information, conditions 26.33.347 Agricultural export market development projects confidentiality of records 43.23.270 Air pollution control information about processes or production unique to owner or operator 70.94.205 Bank and trust companies compliance review information, confidentiality Ch. 7.88 examination reports and information 30.04.075 Birthing centers 18.46.090 Child mortality review local health department records, reports, and statements 70.05.170 Corporations, nonprofit interrogatories of secretary of state 24.03.435 Disposal of personal information Ch. 19.215 Domestic violence, sexual assault, trafficking, or stalking victim address confidentiality program Ch. 40.24 Domestic violence program client records not subject to discovery, exceptions 70.123.075 Drivers’ licenses negative file 46.20.118 Ecology department information 43.21A.160 Electronic signatures, records confidentiality and access limitation 19.34.420 Employee assistance program employee participation and information, exceptions 41.04.730 Employment security records Ch. 50.13 Family and children’s ombudsman, office of 43.06A.050, 43.06A.060, 43.06A.070, 43.06A.080 Financial institutions compliance review information, confidentiality Ch. 7.88 Health care authority contract proposals 41.05.026 Health care insurance patient bill of rights 48.43.500, 48.43.505, 48.43.510, 48.43.515, 48.43.520, 48.43.525, 48.43.530, 48.43.535, 48.43.540, 48.43.545, 48.43.550 personally identifiable information, release restrictions 48.43.021 Highway construction, bidders’ qualifying financial information 47.28.075 Hospital data collection and reporting identification of individual patients prohibited 70.170.090 Impaired physician program records 18.71.340 Juvenile offenders student records and information, release 13.40.480 Medical records access and disclosure Ch. 70.02 Medical test sites confidentiality of information obtained by department of health 70.42.210 Nursing home complaints and requests for inspection 18.51.190, 18.51.200 Organic food business related information, exceptions 15.86.110 Pharmacies, nonresident pharmacies 18.64.420 Pharmacy, board of prescription drugs 69.41.044, 69.45.090 Prescription drugs electronic communication of prescriptions authorized, conditions 69.41.055, 69.50.312 Property tax information 84.08.210 Public transportation, user information 47.04.240 Rape crisis center records not available to defense attorneys under discovery, exceptions 70.125.065 Sexually transmitted diseases, disclosure of testing or treatment 70.24.450 State data banks confidential or privileged information not to be impaired by inclusion in 43.105.070 Statewide special inquiry judge 10.29.030 CONFINEMENT (See COMMITMENT; JAILS; PRISONS AND PRISONERS) CONFIRMATION Execution sales, real property, proceedings 6.21.110 [RCW Index—page 139] CONFLICT OF INTEREST Partition proceedings report of referee for sale of property 7.52.210 report of sale 7.52.380 CONFLICT OF INTEREST (See CODE OF ETHICS) CONFRONTATION OF WITNESSES Right of accused to 10.52.060, Const. Art. 1 § 22 CONGRESS Congressional districts, division into Const. Art. 27 § 13 Lands exclusive power of legislation over, of United States in state Const. Art. 25 § 1 Indian lands under jurisdiction of Const. Art. 26 § 2 Legislator elected to, vacates seat Const. Art. 2 § 14 Member of, ineligible for legislature Const. Art. 2 § 14 Representative election of Const. Art. 27 § 13 Steelhead petition congress to make national game fish 77.110.020 CONGRESSIONAL DISTRICTS AND APPORTIONMENT Redistricting—1983 act commission cessation of operations 44.05.110 duties 44.05.070, 44.05.080 members appointment, chairperson, filling of vacancy 44.05.030 compensation of 44.05.070 oath 44.05.040 persons ineligible to serve 44.05.050 political activities prohibited 44.05.060 reconvening 44.05.120 definitions 44.05.020 effective date contingent on constitutional amendment 44.05.900 plan challenges 44.05.130 district and precinct delineation 44.05.090 duties of supreme court, when 44.05.100 modification 44.05.120 report to accompany 44.05.080 submission to legislature 44.05.100 CONSANGUINITY AND AFFINITY Judicial officers disqualification for relationship to party by 2.28.030 venue change because judge related to party 4.12.030 Jurors, challenge of, relationship through ground for implied bias 4.44.180 Venue, change of because judge related to party 4.12.030 CONSENT Appointment of officers for state institutions, consent of senate necessary Const. Art. 13 § 1 Dismissal of action by 4.56.120 Nonsuit by consent 4.56.120 Partition proceedings guardian or limited guardian, by 7.52.470 sale of estate for life or years 7.52.310 without consent 7.52.320 Reference by 4.48.010 Reference without 4.48.020 CONSERVATION (See also FORESTS AND FOREST PRODUCTS; PARKS AND RECREATION) Cities and towns water conservation equipment, authority to assist customer acquisition of 35.92.017 Community and urban forestry Ch. 76.15 Conservation commission, powers and duties Ch. 89.08 [RCW Index—page 140] Conservation districts, organization and operation Ch. 89.08 Conservation measures in state buildings private investment 43.19.680 Counties, comprehensive plans, elements of 36.70.350 Energy cities and towns revenue bonds 35.92.105 loans for structures or equipment Const. Art. 8 § 10 Energy audits, municipalities 43.19.691 Energy audits, state facilities definitions 43.19.670 implementation plan 43.19.680 lease terms 43.19.685 requirement, completion dates 43.19.675 Energy conservation in buildings landscape objectives at state facilities to include 43.19.682 tree plantings at state facilities encouraged 43.19.668 Farmland preservation Ch. 89.10 Fish, See FISH AND FISHING Heating systems, See HEATING SYSTEMS Irrigation districts, energy, home owners’ financial assistance 87.03.017 Joint operating agencies authority to generate electricity via conservation 43.52.260 Natural area preserves Ch. 79.70 Natural resources conservation areas Ch. 79.71 Oil and gas conservation committee, See OIL AND GAS, subtitle Conservation committee Policy of the state on environment and natural resources utilization 43.21A.010 Private investment in energy conservation measures for state buildings 43.19.680 Public buildings energy conservation and renewable resources 39.35.020 Public utility conservation investments conservation bonds 80.28.306 conservation investments 80.28.303 costs as bondable conservation investments 80.28.309 definitions 80.28.005 Public utility districts water conservation equipment assistance to customers for acquisition of, authorization, limitations 54.16.032 Salmon, See FISH AND FISHING Shoreline management act Ch. 90.58 Soil and water conservation districts, See CONSERVATION DISTRICTS State facilities private investment in conservation measures 43.19.680 Stewardship of nonindustrial forests and woodlands definitions 76.13.010 department of natural resources authority 76.13.020 funding, authority to receive and disburse funds 76.13.030 legislative finding 76.13.005 purpose 76.13.007 Water cities and towns revenue bonds 35.92.105 cities and towns, authority to assist customer acquisition of water conservation equipment 35.92.017 ground waters Ch. 90.44 irrigation district assistance to landowners 87.03.0175 sewer system planning considerations 90.48.495 surface waters Ch. 90.03 Water conservation equipment public utility districts authorized to assist customers in acquisition, limitations 54.16.032 Water conservation performance standards plumbing fixtures 19.27.170 Water resource management Ch. 90.42 Water use efficiency and conservation programs and practices 90.54.180 Wildlife, See WILDLIFE Youth employment and conservation act, See UNEMPLOYMENT COMPENSATION, subtitle Youth employment and conservation act CONSERVATION COMMISSION Accounts conservation assistance revolving 89.08.550 Conservation districts, organization and operation Ch. 89.08 Dairy nutrient management, duties Ch. 90.64 Definitions 89.08.020 Funds administration evergreen community, preference 89.08.590 Grants to conservation districts 89.08.410 Membership and terms 89.08.030 Powers and duties 89.08.040, 89.08.050, 89.08.060, 89.08.070 Salmon recovery and habitat restoration, duties Ch. 77.85 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 CONSERVATION CORPS (See also VETERANS, subtitle Conservation corps) Created 43.220.020 Definitions 43.220.040 Ecology, department of work project areas 43.220.090 Fish and wildlife, department of work project areas 43.220.120 Funds, expenditures and limitations 43.220.231 Historic site identification for rehabilitation 43.220.180 Legislative declaration 43.220.010 Membership eligibility, terms 43.220.070 selection 43.220.080 Natural resources, department of work project areas 43.220.130 Parks and recreation commission work project areas 43.220.160 Program goals 43.220.030 Projects and work agreements selection, approval, evaluation, funding 43.220.210 Reimbursement of nonprofit corporations 43.220.250 State agencies powers and duties 43.220.060, 43.220.190 Unemployment compensation coverage exempt 43.220.170 CONSERVATION DISTRICTS Accounts conservation assistance revolving 89.08.550 Agricultural conservation easement program 89.08.530, 89.08.540 Agricultural outdoor burning educational material on health and environmental effects 70.94.650 Annexation or boundary changes 89.08.180 Assessments natural resource conservation, special assessments for 89.08.400 Burning permits issuing authority, nuisances, control of 70.94.780 Burning permits, issuance 70.94.654 Conservation commission, powers and duties Ch. 89.08 Corporate status and powers 89.08.220 Crop purchase contracts, energy crops 89.08.570 Dairy nutrient management, duties Ch. 90.64 Definitions 89.08.020 Dissolution 89.08.350, 89.08.360, 89.08.370 soil conservation districts Ch. 53.48 (2008 Ed.) CONSUMER LEASES Ditch maintenance agreement with county county road fund 36.82.075 Farm plans, disclosure 89.08.560 Formation procedures 89.08.080, 89.08.090, 89.08.100, 89.08.110, 89.08.120, 89.08.130, 89.08.140, 89.08.150, 89.08.160, 89.08.170 Grants from conservation commission 89.08.410 Horticultural plants and facilities permits 15.13.270 Insurance, pools, self-insurance authorized Ch. 48.62 Intergovernmental cooperation 89.08.341 Natural resource conservation special assessments for 89.08.400 Powers and duties 89.08.220 Property tax exemption for fish and wildlife habitat and water quality improvements 89.08.440 Risk management services authorized Ch. 48.62 Shellfish protection districts, contracts with conservation districts Ch. 90.72 Supervisors powers and duties 89.08.210 selection 89.08.160, 89.08.190, 89.08.200 Treasurers 89.08.215 Water quality and habitat protection grant programs outcome-focused performance measures 89.08.520 Puget Sound partners 89.08.580 Water resource management Ch. 90.82 Water rights preserved 89.08.390, 89.08.391 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 Withdrawal from district 89.08.185 CONSERVATION EASEMENTS (See TAXES - PROPERTY) CONSERVATOR Investment of funds 39.60.050 CONSIGNMENTS (See also UNIFORM COMMERCIAL CODE, subtitle Secured transactions) Art dealers accepting work of fine art on consignment, duties and contract requirements Ch. 18.110 Commission merchants, failure to pay consignor creditor 20.01.240, 20.01.250, 20.01.260, 20.01.270, 20.01.280, 20.01.300, 20.01.310 Pawnbrokers and second-hand dealers, transaction requirements Ch. 19.60 Second-hand dealers and pawnbrokers, transaction requirements Ch. 19.60 CONSOLIDATION (See also CITIES AND TOWNS, subtitle Annexation; CITIES AND TOWNS, subtitle Consolidation) Cities and towns code cities applicable law 35A.05.005 indebtedness, ratification and funding after, election 35.40.030 Corporations, See CORPORATIONS, subtitle Consolidation Fraternal societies, See FRATERNAL SOCIETIES, subtitle Incorporations Insurance companies, generally 48.31.010 Irrigation districts 87.03.530, 87.03.535, 87.03.540, 87.03.545, 87.03.550, 87.03.551 Port districts, See PORT DISTRICTS, subtitle Consolidation Public hospital districts 70.44.190 Railroads, of competing lines prohibited Const. Art. 12 § 16 CONSPIRACY Fish marketing associations, deemed not to be 24.36.070 Labor disputes, participation in as grounds for injunction 49.32.060 Subversive activities 9.81.020 (2008 Ed.) CONSTABLES Habeas corpus, warrant to prevent removal or irreparable injury directed to 7.36.190 execution of 7.36.210 Health regulations by state board of health, duty to enforce, penalty 43.20.050 Limitation of actions against 4.16.080 Retirement, See RETIREMENT AND PENSIONS, subtitle Law enforcement officers and fire fighters Search warrant, duties 10.79.020 Witnesses, attachment of witnesses 5.56.080 CONSTITUTION, UNITED STATES Court commissioners’ oath to support 2.24.020 Judges pro tempore, sworn to support 2.08.180 superior courts, sworn to support 2.08.080 Judicial notice of, uniform law 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 School study of required 28A.230.170 Supreme law of land Const. Art. 1 § 2 CONSTITUTION, WASHINGTON (See also INDEX TO CONSTITUTION VOL. 0) Amendment convention Const. Art. 23 § 2 Amendments how effected Const. Art. 23 § 1 Convention to revise Const. Art. 23 § 2 submission to people Const. Art. 23 § 3 Court commissioners’ oath to support 2.24.020 Courts, implied powers included 2.28.150 Effective, when Const. Art. 27 § 16 Election for voting on, how conducted Const. Art. 27 § 15 form of ballot Const. Art. 27 § 18 Judges pro tempore, sworn to support 2.08.180 superior courts, sworn to support 2.08.080 Judicial notice of, uniform law 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 Judicial officers, implied powers included 2.28.150 Mandatory provisions, exception Const. Art. 1 § 29 Ratification, amendments Const. Art. 23 § 1 Revision Const. Art. 23 § 2 submission to people Const. Art. 23 § 3 Rights existing as territory not affected Const. Art. 27 § 1 School study of required 28A.230.170 Secretary of state custodian of 43.07.040 CONSTITUTIONS Judicial notice of foreign laws, uniform act Ch. 5.24 CONSTRUCTION Construction defect claims actions, procedures 64.50.020, 64.50.040 definitions 64.50.010 findings 64.50.005 interpretation of chapter 64.50.060 list of defects, requirements 64.50.030 right to offer cure 64.50.050 Contractors, registration requirements Ch. 18.27 Contracts action arising on 4.16.300 limitation on 4.16.310, 4.16.325 actions or claims arising for construction defect claims comparative fault 4.16.326 emergency repairs 4.16.327 actions or claims arising from construction defect claims statute tolled 4.16.320 damages caused by contractee’s delay, waiver, null and void 4.24.360 definition 4.24.370 delay damages, waiver, effective date 4.24.380 Correctional facilities alternative method of contracting to remain in force until completed 39.04.230 findings 39.04.210 general contractor/construction manager method for awarding contracts 39.04.220 Defect disputes, multiunit residential buildings application of chapter 64.55.005 arbitration 64.55.100 building permit application, design documents 64.55.020 case schedule plan, deadlines 64.55.110 certificate of occupancy 64.55.060 definitions 64.55.010 Inspections requirements 64.55.030 scope of, definition 64.55.050 Inspectors qualifications 64.55.040 report or testimony, admissibility 64.55.080 liability none against inspector, architect, or engineer 64.55.070 mandatory mediation generally 64.55.120 offers of judgment, costs and fees 64.55.160 neutral expert, appointment of 64.55.130 payment of arbitrators, mediators, and neutral experts 64.55.140 sale of condominium unit 64.55.090 subcontractors and suppliers, arbitration 64.55.150 Energy efficiency construction account 39.35C.100 Farmers home administration projects 60.28.010 Hospitals, See HOSPITAL SURVEY AND CONSTRUCTION ACT Liens informational material, master documents 60.04.250, 60.04.255 Permits new construction, county assessor’s appraisal 36.21.070, 36.21.080 Recycled content products use in state capital construction or improvement projects 39.04.133 Recycled materials use of materials from demolition projects in public works 39.04.135 Residential and commercial solid fuel burning devices, standards 70.94.455 Tax imposed on building construction, repair 82.04.280, 82.04.440 Water pollution control projects involving fill material, leaching test 90.48.530, 90.48.531 CONSTRUCTION, RULES OF (See RULES OF CONSTRUCTION) CONSULATES Foreign acknowledgments 64.08.040 License plates 46.16.371 CONSUMER FINANCE Credit reports, fair credit reporting act Ch. 19.182 CONSUMER LEASES (See UNIFORM COMMERCIAL CODE, subtitle Leases (Article 2A)) Consumer protection act violation is an unfair act or practice, damages 63.10.050 Definitions 63.10.020 Disclosure requirements 63.10.040 Expiration, lessee’s liability attorney fees 63.10.030 Lease-purchase agreements advertising liability 63.19.090 requirements 63.19.090 application of lease-purchase agreement act 63.19.020 content restrictions 63.19.050 definitions 63.19.010 disclosure by lessor contents of agreement 63.19.040 [RCW Index—page 141] CONSUMER LOAN ACT requirements 63.19.030 new agreements renegotiation between same lessor and consumer disclosure requirements 63.19.080 events not considered renegotiation 63.19.080 receipts for payments lessor’s duty to provide 63.19.070 reinstatement by consumer terms 63.19.060 upholstered furniture or bedding used, sanitizing required before leasing 63.19.100 violations 63.19.110 Legislative declaration 63.10.010 Motor vehicle leases 63.10.045 Remedies 63.10.055 Residual value at expiration 63.10.030 Unlawful acts or practices 63.10.045 Usury 63.10.060 Violation is an unfair act or practice, damages 63.10.050 CONSUMER LOAN ACT High risk consumer loans administrative procedure act, application 31.04.202 application of chapter 31.04.025 authorization for higher interest rates conditions and limitations Ch. 31.04 consumer protection act, application 31.04.208 definitions 31.04.015 director of financial institutions administrative power and discretion 31.04.165 duties 31.04.093 powers under chapter 19.144 RCW 31.04.168 enforcement of chapter 31.04.205 investigations and examination of records 31.04.145 license application form, fee, and surety bond 31.04.045 assessment and bond 31.04.085 director of financial institution’s responsibilities 31.04.055 information required, posting of license 31.04.065 regulation 31.04.093 required 31.04.035 licensee advertisements or promotions 31.04.135 disclosure of fees and costs 31.04.102 interest calculations 31.04.125 loan restrictions 31.04.125 place of business 31.04.075 powers and restrictions 31.04.105 recordkeeping and report requirement 31.04.155 violations 31.04.175 open-end loan annual fee 31.04.115 credit life or credit disability insurance 31.04.115 interest charges 31.04.115 requirements, restrictions, and options 31.04.115 security interest in property 31.04.115 violations of chapter 31.04.027 CONSUMER PROTECTION 900 numbers, regulation Ch. 19.162 Actions and transactions exempted from consumer protection act 19.86.170 Actions for damages 19.86.090 Adoption services 26.33.400 Adult family homes 70.128.058 Advertising, false or deceptive Ch. 9.04 Agricultural commodities Washington state grown, restrictions on use for labeling or advertising 15.04.410 [RCW Index—page 142] Agricultural marketing and fair practices Ch. 15.83 Alternate operator services disclosure 80.36.510, 80.36.520 violations of consumer protection act 80.36.530 Animals used in biomedical research penalties 19.86.145 Art dealers accepting work of fine art on consignment, duties and contract requirements Ch. 18.110 Attorney general, duties 19.86.080, 19.86.085, 19.86.100, 19.86.110 Auctions and auctioneers Ch. 18.11 Audiologists Ch. 18.35 Automated teller machines, security Ch. 19.174 Automotive repair unfair practices 46.71.070 Bail bond agents Ch. 18.185 Bottled water, labeling standards 69.07.180, 69.07.190 Business opportunity fraud act Ch. 19.110 Camping resorts Ch. 19.105 Cemeteries prearrangement contracts 68.05.330 Charitable solicitations Ch. 19.09 Check cashers and sellers Ch. 31.45 Cigarette sales below cost prohibited Ch. 19.91 Collection agencies Ch. 19.16 Commercial telephone solicitation Ch. 19.158 Competition, agreements to lessen competition or create monopoly unlawful 19.86.050 Computers hardware trade-in or exchange information, recordkeeping requirements Ch. 19.194 Construction liens consumer protection act, application to 60.04.035 Consumer credit reports, fair credit reporting act Ch. 19.182 Consumer leases remedies 63.10.055 unlawful acts or practices 63.10.045 violation is an unfair act or practice, damages 63.10.050 Consumer leases, See also UNIFORM COMMERCIAL CODE, subtitle Leases (Article 2A) Consumer loan act Ch. 31.04 Consumer protection act Ch. 19.86 Contractors, registration requirements Ch. 18.27 Cooling off period telephone solicitations 19.158.120 Corporations dissolution or forfeiture of franchise 19.86.150 stock acquisition in other corporations create monopoly 19.86.060 Credit cards receipts, printing restrictions 19.200.010 Credit reports, fair credit reporting act Ch. 19.182 Credit services organizations Ch. 19.134 Dairy products Ch. 15.36 Damages, treble allowed 19.86.090 Debt adjusters Ch. 18.28 Deeds of trust sale by trustee, application of consumer protection act 61.24.135 Definitions 19.86.010 Distressed property conveyances 61.34.040 Drugs over-the-counter medications, imprinting requirements Ch. 69.60 Electrical retail customers Ch. 19.29A E-mail unpermitted or misleading commercial messages, prohibition Ch. 19.190 Employment agencies Ch. 19.31 Equity skimming 61.34.040 Escrow agents, licensing and regulation Ch. 18.44 Exemptions from consumer protection act 19.86.070, 19.86.170 Fair credit reporting act Ch. 19.182 Fertilizers, minerals, and limes, See FERTILIZERS Floral products, telephone directory business listings Ch. 19.160 Food, drug, and cosmetic act Ch. 69.04 Food and beverage workers’ permits Ch. 69.06 Food processing Ch. 69.07 Franchise investment protection Ch. 19.100 Fund raising and charitable solicitations Ch. 19.09 Funeral directors and embalmers Ch. 18.39 Gasoline, retailer and refiner-supplier relationship Ch. 19.120 Geologists, licensing requirements and standards of practice Ch. 18.220 Going out of business sales Ch. 19.178 Health care insurance patient bill of rights 48.43.500, 48.43.505, 48.43.510, 48.43.515, 48.43.520, 48.43.525, 48.43.530, 48.43.535, 48.43.540, 48.43.545, 48.43.550 Health consumer assistance office creation and duties 43.70.230 Health services home health care 70.127.216 Health studios Ch. 19.142 Hearing and speech services Ch. 18.35 Hearing instrument fitters/dispensers Ch. 18.35 Heating oil pollution liability protection 70.149.100 High risk consumer loans Ch. 31.04 Holocaust victims insurance relief act Ch. 48.104 Horticultural plants and facilities unlawful acts 15.13.420 Identification documents 9A.58.030 Immigration assistants Ch. 19.154 Injunctions 19.86.095 Installment sales of goods and services Ch. 63.14 Insurance vendor single-interest or collateral protection coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 viatical settlements Ch. 48.102 Insurance commissioner duties 48.02.160 Interest rates Ch. 19.52 International student exchange organizations Ch. 19.166 Investigation unit 19.86.085 Investigations, procedures 19.86.110 Judgment to restrain is prima facie evidence in civil actions 19.86.130 Kosher food products Ch. 69.90 Labor not article of commerce 19.86.070 Land developments Ch. 58.19 Lease contracts Ch. 62A.2A Lease-purchase agreements Ch. 63.19 Lemon law Ch. 19.118 Limitation of actions 19.86.120 Loan originators Ch. 19.146 Manufactured homes installation warranty 46.70.134 sales, implied warranty 46.70.132 warranties, inspections, delivery, occupancy, and advertising requirements 46.70.135 Materials from federal or other state’s attorney general 19.86.115 Meat custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Milk products Ch. 15.36 Mobile homes installation warranty 46.70.134 sales, implied warranty 46.70.132 warranties, inspections, delivery, occupancy, and advertising requirements 46.70.135 Monopolies declared unlawful 19.86.040 divestiture of stock or assets 19.86.060 stock acquisition in other corporations to create monopoly 19.86.060 (2008 Ed.) CONTINUITY OF GOVERNMENT IN EVENT OF ENEMY ATTACK Mortgage brokers Ch. 19.146 Mortgage loan servicing, sale, or transfer Ch. 19.148 Motion picture distribution and exhibition Ch. 19.58 Motor vehicle fuel quality Ch. 19.112 Motor vehicle sales practices Ch. 46.70 Motor vehicle subleasing or transfer, unlawful practices Ch. 19.116 Motor vehicle warranties Ch. 19.118 Motor vehicles dealer franchise protection Ch. 46.96 Moving companies advertisements, contents 81.80.357 Moving sales, restrictions 19.178.100 Night depositories, security Ch. 19.174 Nursing homes, licensing and regulation Ch. 18.51 Organic food products Ch. 15.86, 19.86.023 Pawnbrokers and second-hand dealers Ch. 19.60 Pay-per-call information delivery services Ch. 19.162 Penalties for violations 19.86.140 Plumbers, certification of competency Ch. 18.106 Poison prevention packaging Ch. 70.106 Prizes, promotional advertising of Ch. 19.170 Product liability/hazardous substance claims confidentiality 4.24.611 damages and costs 4.24.611 public right to information 4.24.611 Public hazards disclosure 4.24.601 Pyramid schemes antipyramid promotional scheme act Ch. 19.275 Real estate brokerage relationships Ch. 18.86 Residential mortgage loan closing valuation disclosure requirements Ch. 19.149 Residential real property seller’s disclosures, requirements Ch. 64.06 Restraint of trade, contracts or conspiracies unlawful 19.86.030 Retail installment sales Ch. 63.14 Roofing and siding contractors and salespersons, business practices regulated Ch. 19.186 Sales Ch. 62A.2 Sales, going out of business sales Ch. 19.178 Second-hand dealers and pawnbrokers Ch. 19.60 Seeds Ch. 15.49 Service contracts Ch. 48.110 Service of process outside state 19.86.160 Service stations gas prices 9.04.090 Siding and roofing contractors and salespersons, business practices regulated Ch. 19.186 Solicitation lists, withdrawal of consumer’s name 19.182.030 Speech-language pathologists Ch. 18.35 Structured settlement protection Ch. 19.205 Telephone buyers’ protection act Ch. 19.130 Telephone directory business listings Ch. 19.160 Telephone solicitation, commercial Ch. 19.158 Timeshare regulation 64.36.170 Trading stamps and premiums Ch. 19.84 Travel businesses Ch. 19.138 Unfair competition and practices declared unlawful 19.86.020 Unsolicited goods or services Ch. 19.56 Usury Ch. 19.52 Viatical settlements Ch. 48.102 Violations, civil penalties 19.86.140 Vision care, consumer access to Ch. 18.195 Web site, information from state agencies 43.105.340 Weight loss facilities Ch. 19.142 Weights and measures Ch. 19.94 Well construction Ch. 18.104 Wheelchairs warranties Ch. 19.184 CONSUMER REPRESENTATIVES Health board defined 43.20.025 (2008 Ed.) CONTACT LENSES (See VISION CARE) CONTAGIOUS DISEASES (See DISEASES) CONTAINERS Beverage, See BEVERAGE CONTAINERS Explosives marking, penalty for violation 70.74.300 Food, drug, and cosmetic act Ch. 69.04 Honey Ch. 69.28 Poison prevention packaging Ch. 70.106 CONTAMINATED PROPERTY (See REAL PROPERTY) CONTEMPT Adults only material, failure to comply with court order relating to erotic material 9.68.060 Aircraft, violation of court order prohibiting operation 47.68.240 Attachment of witness 5.56.070, 5.56.080 Attorneys, by refusal to deliver client’s money or papers 60.40.020 Costs enforcement of payment in criminal proceedings 10.01.180 Criminal criminal act constituting contempt at same time may be punished as crime also 9.92.040 injunction against moral nuisances, penalty 7.48.080 injunctions in place of 7.48.080 violation of injunction against moral nuisances, penalty 7.48.080 Deposits into court, refusal to make 4.44.490 Execution, writ of, failure to obey 6.17.070 Habeas corpus, limitation on inquiry 7.36.130 Health care activities, labor relations, arbitration board 49.66.100 Injunctions 7.40.170 disobedience 7.40.150, 7.40.160 Judges punishment power 2.28.020, 2.28.070 Judicial officers punishment powers 2.28.020, 2.28.070 Justices of the peace punishment power of 2.28.020 Juvenile court failure to comply with court order entered under family reconciliation act 13.32A.250 nonappearance when summoned 13.34.070 Labor injunction proceedings, generally 49.32.090, 49.32.100 Legislature, each house may punish for Const. Art. 2 § 9 Nuisances moral nuisances restraining order pending temporary injunction, violation 7.48.062 violation of injunction against moral nuisances 7.48.080 Penalty, platting, subdivision and dedication of land act, penalty for failing to follow court order 58.17.220 Probate, surviving partners of decedent, failure to file bond 11.64.022 Punishment power court commissioners 2.24.040 courts 2.28.020 referees 4.48.060 Referee’s power to punish for 4.48.060 Refusal to deliver subject matter of litigation to party 4.44.490 Subpoenas witness failing to attend court in answer to 5.56.061 Supplemental proceedings 6.32.180 Support actions, contempt powers of court 74.20.240 Witnesses attachment to answer for contempt 5.56.070, 5.56.080 failing to attend court 5.56.061 legislative hearings and inquiries 44.16.130, 44.16.140, 44.16.150, 44.16.160 CONTEMPT OF COURT Administrative proceedings sanctions, petition to court for imposition of 7.21.060 Appellate review of proceedings 7.21.070 Civil infractions failure to pay penalty or perform restitution 7.80.160 Definitions 7.21.010 Juvenile court dependency cases 13.34.165 Parenting act disobedience of decree or order contempt actions 26.09.160 Sanctions fines 7.21.040 punitive, fines 7.21.040 remedial, payment for losses 7.21.030 summary imposition, procedure 7.21.050 who may impose 7.21.020 CONTESTS Amusement game defined 9.46.0201 Contest of chance defined 9.46.0225 promotional, authorized 9.46.0356 Fishing derby defined 9.46.0229 CONTINGENT LIABILITY Insurance companies, See INSURANCE, subtitle Contingent liability Security against confession of judgment statement in writing to disclose facts and sum not excessive 4.60.060 without suit 4.60.050 CONTINUANCES (See also ADJOURNMENTS) Criminal trials evidence, time to obtain as grounds for, proof 10.46.080 District judges civil proceedings amended pleading causing 12.08.110 practice in superior court applies to 12.12.010 testimony, continuance to procure 12.12.010 Executors and administrators accounting, final report and distribution, continuance of hearing if incorrect 11.76.060 continuation of decedent’s business 11.48.025 Forcible entry and detainer, allowance for amendment 59.12.150 Judge of superior court, power to grant in counties within his judicial district 2.08.190 Personal representatives continuation of decedent’s business 11.48.025 Rent default proceedings 59.08.050 Sexual offenses against children limits on granting 10.46.085 Supplemental proceedings 6.32.220 CONTINUITY OF BUSINESS IN EVENT OF ENEMY ATTACK Domestic insurers emergency bylaws 48.07.170, 48.07.180 principal office and place of business 48.07.200 purposes 48.07.180 Succession of officers list 48.07.190 CONTINUITY OF GOVERNMENT IN EVENT OF ENEMY ATTACK Authority to provide for Const. Art. 2 § 42 City and town executive heads, succession to office of 42.14.050 [RCW Index—page 143] CONTRABAND Counties, emergency seat of government, in event of enemy attack 42.14.075 County commissioners, succession to office 42.14.040 Definitions 42.14.010 Emergency seat of government, establishment 42.14.035 Governor, succession to office of 42.14.020 Interim successors political subdivision offices 42.14.070 state officers 42.14.060 Legislators calling into session 42.14.030 proportional voting 42.14.030 quorum requirements dispensed with 42.14.030 reduction in number 42.14.030 sessions during emergency 42.14.030 Political subdivisions, emergency seat of government, authority to establish 42.14.075 Provisions suspended during emergency legislature, quorum and passage of bills Const. Art. 2 § 42 seat of government Const. Art. 2 § 42 state records Const. Art. 2 § 42 succession to governor Const. Art. 2 § 42 Seat of government, establishing emergency 42.14.035 CONTRABAND Firearms unlawful firearms contraband 9.41.220 Machine guns declared to be 9.41.220 CONTRACTORS Actions against contractors, grounds and procedures 18.27.040 Actions by contractors, registration prerequisite to suit 18.27.080 Advertising, contents 18.27.100, 18.27.102, 18.27.104 Bond or surety requirement 18.27.040 Building permits registration verification required before permit issuance 18.27.110 Business practices penalties for violations 18.27.100, 18.27.102, 18.27.104 Claims against contractors, grounds and procedures 18.27.040 Construction negligence, agreements to indemnify against public policy 4.24.115 Construction defect claims Ch. 64.50 Construction liens acts of coercion 60.04.035 application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 60.04.904 application of proceeds 60.04.181 assignment of lien 60.04.121 attorneys’ fees 60.04.181 bond in lieu of claim 60.04.161 claim of lien community interest, effect on 60.04.211 designation of amount due on each piece of property 60.04.131 recording of notice of, time limits, and contents 60.04.091 recording of notice of claim, requirements and fee 60.04.111 separate residential units, time for filing against 60.04.101 contractor registration required to establish lien 60.04.041 definitions 60.04.011 duration of lien, procedural limitations 60.04.141 financial encumbrances, priorities 60.04.226 foreclosure of liens, parties and procedure 60.04.171 frivolous claims, procedure to seek dismissal 60.04.081 lenders, notice to 60.04.221 [RCW Index—page 144] lien authorized 60.04.021 material exempt from process 60.04.201 notice of right to claim lien, requirements and exceptions 60.04.031 personal action on debt preserved 60.04.191 prime contractor, duty to make information available to suppliers, subcontractors, or professionals 60.04.261 priority of liens 60.04.061 promissory notice, effect of taking 60.04.191 property subject to lien 60.04.051 rank of lien 60.04.181 release of lien rights 60.04.071 rights of owner, recovery options 60.04.151 withholding of funds 60.04.221 Construction of state highway bond of qualification of sureties under 47.28.110 required 47.28.100 Consumer protection act, application 18.27.350 Consumer/contractor awareness of chapter 18.27.380 Contaminated properties decontamination, disposal, or demolition of certification by department of health 64.44.060 County improvement contractor’s bond for construction of county roads and bridges 36.77.040 labor and material claims 36.45.040 Definitions 18.27.010 Design-build public works contracting procedure Ch. 39.10 Diking districts, improvement procedure 85.05.180 Disclosure statement and notice to customers 18.27.114 Electrical, See ELECTRICIANS Enforcement of chapter 18.27.005 Farmers home administration projects 60.28.010 Financial responsibility 18.27.050 Fire sprinkler system contractors, See FIRE SPRINKLER SYSTEM CONTRACTORS Flood control districts, construction bond 86.09.181 General contractor/construction manager public works contracting procedure Ch. 39.10 Health care service contractors, See INSURANCE, subtitle Health care service contractors Indemnity clause in contract, against public policy 4.24.115 Insurance or financial responsibility 18.27.050 Labor and industries, department of authority 18.27.125, 18.27.215 list of registered contractors 18.27.120 Liens payment of moneys earned withheld in lieu of bond 60.28.010 public contractors payment of excess over lien claims 60.28.020 retained percentage 60.28.010 taxes and penalties due, trust fund priority 60.28.040 trust fund 60.28.010 List of registered contractors 18.27.120 Marketing campaign risk of hiring unregistered contractors 18.27.385 Minority and women-owned businesses state highway projects preference 47.28.030 Minority and women’s business enterprises, See also PUBLIC WORKS, subtitle Minority and women’s business enterprises, office of Mobile homes and manufactured homes, siting or installation violations 18.27.117 Municipal local improvement, filling lowlands, payment of 35.55.170, 35.56.180 Navigable waters, wood debris removal 76.42.030 Payment retained percentage on public works 60.28.010 Prevailing wage rate lien for noncompliance 60.28.040 Professional service corporations Ch. 18.100 Prohibited acts 18.27.020, 18.27.117 Public works bond in lieu of retained funds 60.28.011 completion of contract, duties of disbursing officer 60.28.051 correctional facilities construction and repair contracts alternative method to remain in force until completed 39.04.230 general contractor/construction manager method for awarding 39.04.220 definitions 60.28.011 delay due to litigation 60.28.080 interest on unpaid amounts due when public body fails to make timely payment 39.76.011 labor and material liens 60.28.010, 60.28.011 prevailing wage rate disqualification for multiple violations 39.12.065 registration prerequisite to public works contract 39.06.010 retained percentage 60.28.010, 60.28.011 subcontractors identification by bidder 39.30.060 termination before completion 60.28.011 timely payment, defined 39.76.011 timely payment, interest on unpaid amounts due when public body fails to make 39.76.011 violators, contracts with prohibited 39.06.010 Public works, See also PUBLIC WORKS Registration advertising, content requirements 18.27.100, 18.27.102, 18.27.104 application contents 18.27.030 application of chapter 18.27.130 certificate issuance and renewal 18.27.060 conditions of issuance 18.27.060 exemptions 18.27.090 fees 18.27.070, 18.27.075 grounds for denial 18.27.030 infractions administrative hearing 18.27.310 dismissal 18.27.320 investigations 18.27.210, 18.27.220 monetary penalty 18.27.340 notice of infraction, procedures 18.27.230, 18.27.240, 18.27.250, 18.27.260, 18.27.270, 18.27.290 report to legislature 18.27.342 representation by counsel 18.27.300 restraining orders or injunctions 18.27.225 specified 18.27.200 unregistered contractor 18.27.205 joint ventures 18.27.065 partnerships 18.27.065 prerequisite for public works contract 39.06.010 required, criminal penalty for violations 18.27.020 suspension, grounds 18.27.060 suspension for nonpayment or default on educational loan or scholarship 18.27.360 suspension or denial 18.27.050 verification required before building permit issuance 18.27.110 workers’ compensation coverage 18.27.030 Roofing and siding contractors and salespersons, business practices regulated Ch. 19.186 Siding and roofing contractors and salespersons, business practices regulated Ch. 19.186 Small business state highway projects preference 47.28.030 Surety or bond requirement 18.27.040 Telecommunications, See TELECOMMUNICATIONS, subtitle Systems installations (2008 Ed.) CONTRACTS Unemployment compensation liability for contributions 50.24.130 limitations, exclusions 50.04.145 Unregistered contractors enforcement team 18.27.390 infractions and violations 18.27.020, 18.27.205 payment defaults, penalties 18.27.370 Violations minority and women’s business enterprises, related to 39.19.080, 39.19.090 unregistered contractor 18.27.205 CONTRACTS Absentees, administration of estate of, performance of absentee’s contracts 11.80.055 Actions on death does not abate 4.20.046 executors and administrators, contracts 11.48.090 interpleader 4.08.150 personal representatives’ contracts 11.48.090 public corporations, against 4.08.120 public corporations, by 4.08.110 setoff beneficiaries of trust estates, against 4.32.120 real party in interest, against 4.32.120 Affecting price, production of transportation, prohibited Const. Art. 12 § 22 Airports department of transportation may enter into 47.68.180 Ambulance service counties, authorized, restrictions 36.01.100 Architects public agencies Ch. 39.80 Architectural and engineering services agency’s requirement, advance publication requirement 39.80.030 contract negotiations procedures 39.80.050 contracts with state agencies and amendments to them to be reported to the office of financial management 39.80.070 definitions 39.80.020 emergency exceptions 39.80.060 legislative intent 39.80.010 procurement policy requirements 39.80.040 savings clause 39.80.900 severability clause 39.80.910 Art dealers accepting work of fine art on consignment, duties and contract requirements Ch. 18.110 Attachment ground, when 6.25.030 Audits nongovernmental entities with state contracts or grants 43.09.055, 43.09.065 Bonds payment of moneys earned withheld in lieu of bond 60.28.010 Breach of, boats and vessels, towing, dunnaging, or stevedoring 60.36.060 Budget and accounting system limitation upon, contracts made in excess of appropriation void 43.88.130 Camping resorts Ch. 19.105 Chattel paper Ch. 62A.9A Children, See CONTRACTS, subtitle Minors, by Cities, county with population of two hundred ten thousand or more, with cities concerning buildings and related improvements 36.64.070 Cities and towns disincorporation, impairment of 35.07.100 general corporate powers 35.21.010 joint city halls with county courthouses 36.64.010, 36.64.020, 36.64.030 municipal water and sewer facilities act 35.91.020 officers or employees, interest in contracts prohibited, exceptions 42.23.030 parks and recreation cooperation 67.20.020 (2008 Ed.) public transportation systems, contracts for operation and maintenance of 35.95.050 second class cities, power to make 35.23.440 Cities—Optional Municipal Code officers or employees, interest in contracts prohibited, exceptions 42.23.030 Claims waiver or renunciation after breach 62A.1-107 Community property agreements 26.16.120 Conditional sales contracts for purchase of real or personal property by cities and towns, metropolitan park districts, counties, and library districts authorized, indebtedness limitations 39.30.010 Conditions precedent, pleading of 4.36.080 Condominiums good faith obligation in performance and enforcement 64.34.090 liability of unit owners’ associations and declarants 64.34.344 unconscionable contract or clause determination, limitations on enforcement 64.34.080 Confession of judgment by persons jointly liable enforcement 4.60.030 who may confess 4.60.030 Construction actions arising on 4.16.300 limitation on 4.16.310, 4.16.325 actions or claims arising for construction defect claims comparative fault 4.16.326 emergency repairs 4.16.327 actions or claims arising from construction defect claims statute tolled 4.16.320 damages caused by contractee’s delay, waiver, null and void 4.24.360 definition 4.24.370 delay damages, waiver, effective date 4.24.380 Contracting out for services by state agencies and institutions 41.06.142 Conveyance of real property by deceased vendor, sale and conveyance 11.56.020, 11.60.010 Cooling off period retail installment sales, conditions 63.14.040, 63.14.154 telephone sales, conditions 63.14.154 Correctional facilities construction and repair alternative method to remain in force until completed 39.04.230 findings 39.04.210 general contractor/construction manager method for awarding 39.04.220 Counties awarding, procedure, bid deposits, contractor’s bond 36.32.250 county hospitals, joint operation 36.62.040 joint courthouses with city halls 36.64.010, 36.64.020, 36.64.030 municipal water and sewer facilities 35.91.020 officers and employees, interest in contracts prohibited, exceptions 42.23.030 parks and recreation cooperation 67.20.020 population of two hundred ten thousand or more, with cities concerning buildings and related improvements 36.64.070 power, generally 36.01.010 public works and purchases, procedure for awarding 36.32.050 purchasing agent, duties 36.32.260 underground electric and communication facilities 36.88.430 contacts with electric and communication facilities authorized, provisions of the contracts 36.88.440 County roads and bridges, awarding, for construction of 36.77.040 Death, cause of action upon, survives 4.20.046 Debenture companies dealing in 35.21.660 Demonstration Cities and Metropolitan Development Act 35.21.660 Design-build highway construction projects 47.20.780, 47.20.785 Design-build public works contracting procedure Ch. 39.10 Diking and drainage district commissioners, power to enter into 85.07.170 Disability insurance, changes 48.20.042 Documents of title, when adequate compliance with contract 62A.7-509 Educational personnel interstate educational personnel contracts 28A.690.030 provisional employees nonrenewal 28A.405.220 requisites 28A.405.220 supplemental contracts for certificated employees for supplemental duties 28A.405.240 teachers nonrenewal 28A.405.210 requisites 28A.405.210 Educational service district information and research services 28A.320.110 Emergency contracts 39.29.016 Emergency management work on cost basis 38.52.390 Employment combination of employees for 49.36.030 remedy for violation 49.36.020 Enforcement of absconding debtors, ne exeat proceedings 7.44.010 ne exeat proceedings 7.44.010 Engineers public agencies Ch. 39.80 Evidence telegraphic or electronic communications Ch. 5.52 Executors and administrators, by or against, authority to maintain 11.48.090 Farm implements, machinery, parts business relations between independent retail business and manufacturers and distributors, regulation Ch. 19.98 repurchase requirements Ch. 19.98 Fees, contract provisions for allowance of, court to fix amount, limitation 4.84.020 Ferries, prequalification, See FERRIES, subtitle Contract prequalification Fire protection districts liability, contracts as general obligation 52.20.070 prevention of fire 52.20.070 Fish marketing associations, legality of contracts presumed 24.36.070 with other corporations or associations 24.36.400 Flood control, counties, joint control 86.13.010 Gambling contract of occupancy may be terminated if premises used for 4.24.080 premises used for, contract may be voided 4.24.080 void as evidence of gambling debt 4.24.090 General contractor/construction manager public works contracting procedure Ch. 39.10 Guardianship performance by guardian 11.92.130 Guardianship estate contracts for personal services of minor 26.28.050 Health studios Ch. 19.142 Hospitals, county hospital and state universities for provision of medical services, teaching and research activities 36.62.290 Incapacitated persons performance by guardian performance of 11.92.130 Industrial insurance, See INDUSTRIAL INSURANCE [RCW Index—page 145] CONTRACTS Installment sales contracts, See INSTALLMENT SALES OF GOODS AND SERVICES, subtitle Retail installment contract Insurance group life insurance 48.24.130 health care service contractors, contracts of participation, termination, notice to commissioner 48.44.080 health care service contractors, filing with commissioner for approval 48.44.070 health care service contractors, master list of participating providers to be filed with annual statement 48.44.080 Insurance, See also INSURANCE, subtitle Insurance contract Insurance companies, investment in, See INSURANCE, subtitle Investments Interest public debts, contracts and obligations declared legal regardless of interest rate 39.90.060 usury 19.52.020, 19.52.030 Interest rate 4.56.110, 19.52.020 Investment securities Ch. 62A.8 Joint liability procedure to bind joint debtors after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 Jurisdiction, out-of-state residents or nonresidents, contracting within state submits persons to state jurisdiction 4.28.185 Labor, eight hour day, 1903 Act cancellation for violations 49.28.050 stipulation in 49.28.060 Lease contracts Ch. 62A.2A Leases, consumer, See CONSUMER LEASES Liens, public works contracts exceeding two hundred thousand dollars 60.28.010 Limitation of action on new promise or acknowledgment 4.16.280 part payment 4.16.270 unwritten contracts 4.16.080 written contracts 4.16.040 Local improvements, cities, towns and public corporations, work done for assessments 35.43.190 Maintenance of highways, by 47.28.090, 47.28.100 Maritime, liens on boats and vessels 60.36.020 Metropolitan municipal corporations, power to enter into contracts 35.58.180 Mining contracts on public lands, See PUBLIC LANDS, subtitle Mining contracts Minors baseball, See ATHLETICS AND SPORTS disaffirmance 26.28.040 personal services 26.28.050 validity and effect 26.28.030 Month defined 1.16.060 Multi-purpose community centers, operation of facilities 35.59.080 Municipal corporations officers, contract interest in 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 posting of purchase awards 39.04.200 public works purchase process other than sealed bids 39.04.190 small works roster 39.04.155 posting of awards 39.04.200 Ne exeat 7.44.010 Obligation, impairment of, prohibited Const. Art. 1 § 23 Partition proceedings, security on sale of property, concerning 7.52.420 Performance, conditions precedent, pleading of 4.36.080 Performance of decedent’s contracts, including real estate contracts 11.60.010 Performance-based contracts counties 36.32.245, 36.32.250 [RCW Index—page 146] first class cities 35.22.620 towns or second class cities 35.23.352 Personal representatives, actions to recover on contracts 11.48.090 Personal service contracts competitive solicitation required, exceptions 39.29.011 data generated under contracts, access 39.29.080 higher education institutions 39.29.090 minors 26.28.050 reports 39.29.075 Personal services rendered to state agencies amendments to contracts, submission and approval 39.29.025 compliance, expenditure of funds prohibited, penalty 39.29.020 definitions 39.29.006 documentation required before services may be contracted for 39.29.008 effective date 39.29.020 exemption of certain contracts 39.29.040 filing of contracts 39.29.055 legislative intent 39.29.003 list of contracts, office of financial management to maintain 39.29.068 minority and women’s business enterprises, office of, subject to 39.29.050 public inspection of contracts 39.29.055 review and approval by office of financial management 39.29.055 sole source contracts 39.29.018 Port districts labor and maintenance 53.08.120, 53.08.130, 53.08.140, 53.08.150 sale of property no longer needed, contract sales, terms and conditions 53.08.091, 53.08.092 small projects 53.08.135 small works roster 53.08.120 toll facilities 53.34.020 Probate contracts to purchase real estate by deceased vendee 11.56.180 conveyance of real property contract of deceased vendor 11.56.020 by deceased vendor, sale and conveyance 11.60.010 performance of decedent’s contracts, including real estate contracts 11.60.010 suits by or against personal representatives on contracts, authority to maintain 11.48.090 Public unpaid, interest payment attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds 39.76.030 without bid or bond, transportation department may enter into 47.01.210 Public benefit nonprofit corporations public purchase participation agreements, corporation may enter into agreement with department of general administration 39.34.055 Public improvement labor and material liens 60.28.010 tax liens 60.28.040 Public land purchase, See PUBLIC LANDS Public purchase agreements public benefit nonprofit corporation may enter into participation agreement with department of general administration 39.34.055 Public works change order due to environmental protection requirements 39.04.120 dispute resolution 39.04.120 retained percentage 60.28.010 Public works, See also PUBLIC WORKS Real estate vendor’s interest not real property for judgment lien 4.56.190 Real estate contracts foreclosure other remedies not limited 61.30.020 forfeiture acceleration of payments 61.30.090 action to set aside 61.30.140 award of fees or costs, or conditions 61.30.130 conditions 61.30.030 cure of default 61.30.090 definitions 61.30.010 effect of forfeiture 61.30.100 expiration of judicial order 61.30.130 false swearing, penalty, liability 61.30.150 notice requirements 61.30.020, 61.30.040, 61.30.050, 61.30.060, 61.30.070, 61.30.080 other remedies not limited 61.30.020 priority of actions 61.30.160 restrained or enjoined 61.30.110 sale in lieu of 61.30.120 Real property purchase action to recover purchase money 4.08.100 restrictive covenants prohibited 49.60.224 Restraint of trade, contracts or conspiracies unlawful 19.86.030 Restrictive covenants prohibited 49.60.224 Retail installment sales Ch. 63.14 Roofing and siding contractors and salespersons, business practices regulated Ch. 19.186 Sales uniform commercial code Ch. 62A.2 Sales, deferred payments of purchase price, usury law exclusion 19.52.120 Sales of accounts Ch. 62A.9A Sales representatives and principals contractual relationship between contracts and agreements, required provisions 49.48.160 definitions 49.48.150 payment of wages and commissions 49.48.170 personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 rights and remedies supplemental to other rights and remedies of sales representatives 49.48.190 waiver of provision prohibited 49.48.190 Savings and loan foreign associations contracts with Washington residents, construction 33.32.030 Schools and school districts awarding of bids 28A.335.190 parks and recreation cooperation 67.20.020 school districts information and research services 28A.320.110 second class officer, spouse of, interest in 42.23.030 school bus drivers, interest in 42.23.030 Schools by, See SCHOOLS AND SCHOOL DISTRICTS Seasonal labor, requirements 49.40.020 Secured transactions Ch. 62A.9A Secured transactions, See UNIFORM COMMERCIAL CODE Seed bailment contracts Ch. 15.48 Service contracts Ch. 48.110 Setoff against plaintiff assignee 4.56.070, 4.56.075 Sewerage, water and drainage systems, authority of county to contract with other entities for 36.94.190 Siding and roofing contractors and salespersons, business practices regulated Ch. 19.186 Sole source contracts state agency, personal service contracts 39.29.018 Special attorneys with counties 36.32.200 Standard clauses required in proposals, advertisements, and bids 39.19.050 (2008 Ed.) CONVEYANCES State financing contracts, See FINANCING CONTRACTS Statute of frauds Ch. 19.36 Student educational loan contracts Ch. 26.30 Survival of actions on 4.20.046 Teachers limitation on contracts for teachers already covered by contract to another school district 28A.405.210 provisional employees 28A.405.220 Termination of, premises used for gambling 4.24.080 Timeshare regulation, See TIMESHARE REGULATION Traffic education courses in schools, contracts with driver’s schools 28A.220.030 Transfer on death security registration transfer is not testamentary but effective by reason of contract between owner of security and registering entity 21.35.045 Trustees, successors, liability 11.98.039 Unwritten, limitation of action on 4.16.080 Usury agent, violation 19.52.030 consumer protection act, application 19.52.036 declaratory judgment to establish usury, time limit 19.52.032 foreign contracts, application 19.52.030 validity of contract, effect 19.52.030 Utility services, intercounty incorporation 35.02.250 Validity usurious rates of interest, effect upon validity 19.52.030 Vehicles, sale of, charges to be furnished buyer or mortgagor, seller to give details 46.70.130 Warranties, express and implied Ch. 62A.2 Written, limitation of actions on 4.16.040 Written contracts, agreements, or promises, when required Ch. 19.36 CONTRIBUTORY FAULT Determination of percentage of fault among multiple parties 4.22.070 Fault, defined 4.22.015 CONTRIBUTORY NEGLIGENCE Spouse, domestic partner, minor child, not imputed 4.22.020 Tort actions effect of 4.22.005 CONTROLLED SUBSTANCES, UNIFORM ACT (See DRUGS) CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM Definitions 69.51.030 Establishment and registration of projects 69.51.040 Limitations 69.51.040 Marihuana, sources and distribution 69.51.060 Patient qualification review committee 69.51.050 Schedule consideration for program purposes 69.51.080 CONVENTION AND TRADE FACILITIES Alcoholic beverages spirits, beer, and wine restaurant license, conditions and qualifications 66.24.420 Construction sales tax collected on construction, disposition 67.40.160 Convention and trade center, Seattle retirement law inapplicable to employee and officers 41.40.105 Hotel-motel tax revenue use restrictions, sports franchises 67.40.110 Insurance surety exemptions 48.30.270 Legislative finding, express purpose 67.40.010 Lodging for transients (2008 Ed.) homeless lodging, exempt from tax 67.40.105 license fees and taxes limitation on imposition and use 67.40.100 remittance of tax, credit 67.40.140 tax authorized, rates 67.40.130 tax collection and deposit 67.40.150 use of collected taxes 67.40.170 Sports franchises, revenue use restrictions 67.40.110 State convention and trade center, Seattle account administration of proceeds 67.40.050 deposit of proceeds 67.40.040 subaccounts 67.40.040 use, priority 67.40.040 compensation and travel expenses of board members 67.40.027 fund transfer to operations account, repayment 67.40.055 general obligation bonds appropriation required 67.40.030 authorized 67.40.030 bond covenants 67.40.030 legal investment for public funds 67.40.080 retirement of 67.40.060 additional means may be provided 67.40.070 health care and insurance programs inapplicable to officers and employees 41.05.110 improvements, funding 67.40.180 insurance by negotiation 67.40.020 lodging tax, King County 67.40.107 lodging tax, King county 67.40.090 marketing, contracts for services 67.40.120 operations account 67.40.025 project completion costs authorization to borrow from state treasury, conditions and limitations 67.40.045 public nonprofit corporation authorized 67.40.020 board of directors 67.40.020 powers and duties 67.40.020 state convention and trade center account administration of proceeds 67.40.050 real property powers 67.40.020 retirement law inapplicable to employees and officers 41.04.800 state debt limitation excludes certain debt relating to convention center 39.42.060 state finance committee duties relating to 67.40.030 travel expenses, out-of-state, reimbursement 43.03.062 use of funds 67.40.190 vacation law inapplicable to officers and employees 43.01.045 CONVENTION CENTERS (See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES) CONVERSION Encumbered, leased or rented personal property, penalty 9.45.060 Insurance, reciprocal insurers 48.10.330 CONVEYANCES (See also ELEVATORS, ESCALATORS AND DUMBWAITERS) Acknowledgments foreign 64.08.040 who may take 64.08.010 Cemetery plots Ch. 68.32 Certificate of acknowledgment content 64.08.050 effect as evidence 64.08.050 form for corporation 64.08.070 form for individual 64.08.060 Certificates on out-of-state acknowledgments 64.08.020 Certified copies, recording 65.08.100 Cities and towns property acquired at local improvement proceedings 35.53.030 public utilities 35.94.010, 35.94.020, 35.94.030 surplus property 35.94.040 real property in community renewal areas 35.81.090, 35.81.095 sewerage sale acquired property, authority for 35.67.270 Commissioner of deeds, See COMMISSIONER OF DEEDS Commissioner to convey real estate, by approval of court necessary 6.28.050 deed contents 6.28.020 execution of 6.28.060 pursuant to judgments 6.28.030 order of sale 6.28.040 recording 6.28.070 Community property power of attorney husband or wife 26.16.090 third person 26.16.090 purchaser’s title and rights 26.16.095, 26.16.100 recording of claim by husband or wife effect of failure, time for recording 26.16.100 removal as cloud 26.16.110 Community renewal property, presumptions in regard to 35.81.140 Conservation, preservation rights and interests held by public bodies 64.04.130 Contracts to convey real property by deceased vendor, sale and conveyance 11.56.020, 11.60.010 Copies of record as evidence 5.44.060 Corporations absence of seal from instrument, effect 64.04.105 Counties, use of, effect 36.01.040 County improvements for flood control causing river to change course, title and interest of state in abandoned channel conveyed to improving county 86.12.034 County property flood control, navigation, and reclamation 36.34.220, 36.34.230, 36.34.240 military installations, federal power projects, housing projects 36.34.250, 36.34.260 reservations to 36.34.010 state or United States 36.34.210, 36.34.230, 36.34.240, 36.34.250, 36.34.260, 36.34.270 use of, effect 36.01.040 Court order, commissioners to convey real estate 6.28.050 Dealings with registered land 65.12.320 Deeds, bargain and sale implied covenants 64.04.040 quitclaim 64.04.050 Defined recording act 65.08.060 Donations marked on plat, quitclaim deed, effect 58.08.015 Earnest money deposit forfeiture 64.04.005 Ejectment and quieting title actions alienation of the property by defendant, effect of 7.28.220 appointment of trustee to cancel or make 7.28.010 joinder of parties where conveyance common to separate parcel 7.28.280 mortgage deemed not a conveyance 7.28.230 Executors and administrators administration with will annexed cannot convey unless directory powers in will 11.28.070 cannot convey unless directory powers in will 11.28.070 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 fraudulent by decedent to defraud creditors, recovery action 11.48.140 [RCW Index—page 147] CONVICTIONS recovery of property conveyed, procedure 11.48.070 Fraudulent, See FRAUDULENT CONVEYANCES Gambling, validity of conveyance as evidence of gambling debt 4.24.090 Homesteads acknowledgment of 6.13.060 execution 6.13.060 incompetent or disabled spouse or domestic partner 6.13.210, 6.13.220, 6.13.230, 6.13.240 power of attorney authorized 6.13.060 Indians, sale of land or materials, authorization 64.20.030 Industrial development district property 53.25.120 Inheritance, technical words of creation of fee simple estate 64.04.060 Irrigation districts, general power 87.03.155 Judgments, compelling conveyance 6.28.080 Jurisdiction of public offense committed on public conveyance Const. Art. 1 § 22 Liens on franchises, earnings, property of certain companies, precedence of 60.32.010 Liquidated damages 64.04.005 Lis pendens in actions affecting title to real property, effect on 4.28.320 Mortgages, when deemed to secure 61.12.020 Necessity of deed 64.04.010 Partition proceedings, order of confirmation of sale to direct conveyance 7.52.380 Performance of decedent’s contracts, including real estate contracts 11.60.010 Personal property subject to mortgage, conditional sale, lien, lease, rental agreement, penalty 9.45.060 Personal representatives fraudulent conveyances by decedent to defraud creditors, recovery action 11.48.140 performance of decedent’s contracts, including real estate contracts 11.60.010 recovery of property unlawfully conveyed, procedure 11.48.070 Private seals, validation of instruments executed without 64.04.100 Probate administrator cannot convey property unless directory powers in will 11.28.070 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 fraudulent by decedent to defraud creditors, recovery action 11.48.140 performance of decedent’s contracts, including real estate contracts 11.60.010 recovery of property conveyed, procedure 11.48.070 Real property, acknowledgments certification and taking of by inferior judicial officers 2.28.090 by judges of supreme and superior courts 2.28.080 Real property, See REAL PROPERTY, subtitle Conveyances Recording commissioners to convey 6.28.070 defined 65.08.060 failure, effect 65.08.070 lis pendens, effect on purchaser 4.28.320 state or political subdivision conveying fee title, recording by grantor at time of delivery required, effect 65.08.095 when deemed 65.08.070 where 65.08.070 Registered land certificate of title new issuance for grantee 65.12.380 owner’s duplicate, surrender 65.12.380 partial transfer of 65.12.380 power of attorney 65.12.410 by power of attorney 65.12.410 Registration of land titles [RCW Index—page 148] evidence of authority to register 65.12.320 filing of deed 65.12.380 forms of, supervision by court 65.12.300 interest adverse to title of owner 65.12.380 new certificate for grantee 65.12.380 owner’s duplicate of certificate, surrender 65.12.380 partial transfer of described land 65.12.380 power of attorney 65.12.410 registrar of titles, duty 65.12.380 voluntary instruments 65.12.320 Solar easements authorized 64.04.140 definitions 64.04.150 interference with, remedies attorneys’ fees 64.04.170 damages 64.04.170 injunction 64.04.170 written agreement, requirement 64.04.160 State highways, transfer to counties, procedure 36.75.090 Warranty deeds, covenants 64.04.030 Wills, conveyance of property bequeathed, agreement to convey does not revoke will 11.12.060 Without title, later acquisition, effect 64.04.070 CONVICTIONS Bars to subsequent prosecution Ch. 10.43 Corruption of blood not result of Const. Art. 1 § 15 Doubt as to degree of offense, lowest degree must be used 10.58.020 Driver license compact, report of convictions to other party states 46.21.010 Evidence beyond reasonable doubt required for 10.58.020 Executor or administrator, persons convicted of crime involving moral turpitude disqualified to serve as 11.36.010 Forfeiture of estate not result of Const. Art. 1 § 15 Impeachments, two-thirds senators must concur Const. Art. 5 § 1 Jurisdiction required 10.01.050 Lesser degree than charged or attempt 10.61.010 Motor vehicle financial responsibility law, ground for requiring proof of financial responsibility for the future 46.29.280 Motor vehicle traffic violations, records kept 46.52.100 Murder, first degree, premeditation requirement 9A.32.020 Necessary before punishment 10.01.050 Personal representatives, persons convicted of crime involving moral turpitude disqualified to serve as 11.36.010 Premeditation, requirement for first degree murder 9A.32.020 Requisites for 10.01.060 Several defendants, conviction or acquittal of any one or more 10.61.035 Vacancy in office caused by 42.12.010 Verdict of, reconsideration if mistake in law 10.61.060 CONVICTS (See PRISONS AND PRISONERS) COOPERATIVE ASSOCIATIONS Agent, failure to appoint registered agent removal, reinstatement of association 23.86.155 Agent, maintenance of registered agent 23.86.095 Articles of incorporation amendments 23.86.090 filing 23.86.055 filing fees 23.86.070 statements in and contents 23.86.050 Board of directors immunity from liability 23.86.030, 23.86.050 Bylaws 23.86.100 Commencement of business businesses and activities 23.86.020 number of incorporators required 23.86.010 Conversion of cooperative association to domestic ordinary business corporation, procedure 23.86.210 Cooperative, use of restricted 23.86.030 Cooperative corporations, authorized 24.06.015 Corporation, conversion to business corporation, procedure 23.86.210 Definitions 23.86.007, 23.86.200 Directors appointment 23.86.080 election 23.86.080 removal 23.86.087 Dissent, right to 23.86.135 rights of dissenters 23.86.145 Dissolution 23.86.250 Distributions payment 23.86.160 Dividends and distributions amount and rate, nonstockholders 23.86.160 payment 23.86.160 time for 23.86.170 unclaimed, reversion 23.86.160 Earnings apportionment 23.86.160 reserve from 23.86.160 use and apportionment of 23.86.160 Electric service cooperatives attachments to poles 23.86.400 irrigation pumping service tariff 23.86.410 Exclusion from nonprofit corporation act 24.03.015 Immunity from liability 23.86.030, 23.86.050 Incorporators, number required 23.86.010 Injunctions, using "cooperative" name without compliance with provisions 23.86.030 Insurance companies filing of records 23.86.022 Members dissent, right to 23.86.135 rights of dissenters 23.86.145 liability for association debts 23.86.105 termination of membership 23.86.105 voting 23.86.115 quorum 23.86.125 Merger of cooperative association with one or more cooperative associations or business corporations procedure 23.86.220 rights, powers, duties and liabilities of surviving entity 23.86.230 Name articles of incorporation to contain 23.86.050 association name not distinguishable from name of governmental entity, procedures 23.86.335 injunction against use of 23.86.030 use of restricted 23.86.030 Office, maintenance of registered office 23.86.095 Officers election 23.86.085 removal 23.86.087 Organization 23.86.010 businesses and activities permitted 23.86.010, 23.86.020 number of incorporators required 23.86.010 Powers 23.86.035 Registered agent, failure to appoint removal, reinstatement of association 23.86.155 Registered office and agent 23.86.095 Reorganization of any association organized under any other statute 23.86.195 Requirements businesses and activities 23.86.020 number of incorporators required 23.86.010 Reserve fund 23.86.160 Scope of activities 23.86.020 Stock amendments to articles of incorporation as to 23.86.090 amount stated in articles of incorporation 23.86.050 (2008 Ed.) CORPORATIONS Term of existence 23.86.050 Voting 23.86.115 quorum 23.86.125 COPIES Conveyances, recording certified copies 65.08.100 Copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910 Court records and documents as evidence 5.44.010 Court records lost or destroyed replaced by hearing 5.48.040 methods 5.48.020 procedure 5.48.030 Foreign laws, printed copies as evidence 5.44.050 Right of accused to copy of accusation Const. Art. 1 § 22 CORONERS Administrative programs, coordination, generally Ch. 36.47 Audit of account 36.24.180 Autopsies, See HUMAN REMAINS, subtitle Autopsies and post mortems Corneal tissue for transplants, presumption of good faith 68.50.290 Coroner’s jury, See CORONERS, subtitle Inquests Corpses, unknown persons, disposition by county coroner 36.24.155 County, office 36.16.030 Death, release or withholding of information 68.50.300 Death certificates 70.58.170, 70.58.180 District court judges acting as 36.24.160 Elective officer, enumeration as 36.16.030 Execution, writ of execution directed to, when 6.17.110 Fees, enumeration 36.18.030 Forensic pathology fellowship program death investigations account disbursements 43.79.445 Human remains disposition of unclaimed bodies 36.24.155 notice 68.50.020 transportation at direction of coroner or medical examiner, costs 68.50.032 Immunity for determining cause of death 68.50.015 Inquest jurors for duty 36.24.040 Inquests dissection 68.50.100 fee of county coroner 36.18.030 holding, discretion 36.24.020 jurors for penalty for nonattendance 36.24.030 verdict 36.24.070 physicians and surgeons, power to employ 36.24.060 procedure accused at large 36.24.100 accused under arrest 36.24.090 property of deceased delivery to county treasurer 36.24.130 delivery to representatives 36.24.150 treasurer’s duty 36.24.140 recognizance and inquisition, delivery to superior court 36.24.090 testimony reduced to writing 36.24.080 verdict of jury 36.24.070 warrants of arrest form 36.24.110 issuance 36.24.100 service 36.24.120 witnesses power to summon 36.24.050 testimony reduced to writing 36.24.080 Jurisdiction 68.50.010 (2008 Ed.) Jury of inquest expense payments 2.36.150 Law, practicing 36.24.170 Limitation of actions against 4.16.080 Limitation on persons holding position in counties with populations of forty thousand or more 36.24.175 Medical examiner system to replace office of coroner, when authorized 36.16.030, 36.24.190 Morgues, control and management 68.52.020 Not to practice law 2.48.200 Official bonds amount 36.16.050 filing 36.16.060 Physicians and surgeons, employment of 36.24.060 Powers inquest holding 36.24.020 physicians or surgeons, employment 36.24.060 subpoenas 36.24.050 witnesses, summoning 36.24.050 Prosecuting attorney as, county with population of less than forty thousand 36.16.030 Reports of death by vehicle accident 46.52.050 Sheriffs, acting as, conditions 36.24.010 Subpoena power 36.24.050 Sudden, unexplained infant death training program 43.103.100 Traffic victim’s submission of blood sample to state toxicologist, report, availability, admissibility 46.52.065 CORPORAL PUNISHMENT Permissible force 9A.16.100 CORPORATIONS Accounts falsification of reports 9.24.050 Acquisition of corporation’s own shares 23B.06.310 Action without meeting or vote, approval by all shareholders entitled to vote 23B.07.040 Actions by and against, authorized Const. Art. 12 § 5 Actions, See also CORPORATIONS, subtitle Criminal actions against Actions and proceedings authorized Const. Art. 12 § 5 venue 4.12.025 Agents indemnification validity of indemnification or advance of expenses 23B.08.590 indemnification of officers, employees, and agents 23B.08.570 liability insurance, corporation may maintain on behalf of 23B.08.580 nonprofit miscellaneous and mutual corporations agents consent 24.06.380 registered nonprofit corporations consent 24.03.050 necessity 24.03.050 registered agent change of 23B.15.080 requirements 23B.15.070 resignation of 23B.15.090 registered agent, agent for service of process 23B.05.040, 23B.15.100 registered agent, change of 23B.05.020 registered agent, requirements 23B.05.010 registered agent, resignation of 23B.05.030 Agreements among shareholders 23B.07.320 Agricultural organizations, nonprofit corporations, authorized 24.03.015 An officer of the corporation defined nonprofit corporations 24.03.005 Animal husbandry, nonprofit corporations, authorized 24.03.015 Annual meeting 23B.07.010 Annual reports delivery to secretary of state, required information 23B.16.220 failure to complete, penalty 23B.01.570 nonprofit corporations 24.03.395 biennial filing may be authorized 24.03.395 filing 24.03.400 nonprofit miscellaneous and mutual corporations 24.06.440 proof of compliance required 24.06.445 notice nonprofit miscellaneous and mutual corporations 24.06.915 notice of filing date 23B.01.500 Appeal, secretary of state nonprofit corporations 24.03.445 Applicability, nonprofit corporation act 24.03.010 Application of title to existing corporations 23B.17.010 Appropriation of right-of-way, compensation Const. Art. 1 § 16 Architects 18.08.420 Articles of consolidation nonprofit corporations, contents and filing 24.03.200 Articles of dissolution contents nonprofit corporations 24.03.240 Articles of incorporation amendment nonprofit corporations 24.03.180 procedure nonprofit corporations 24.03.165 right, nonprofit corporations 24.03.160 amendment before issuance of shares 23B.10.050 amendment by board of directors 23B.10.020 amendment by board of directors and shareholders 23B.10.030 amendment pursuant to reorganization 23B.10.080 amendments, voting by voting groups, when authorized 23B.10.040 articles of amendment, filing with secretary of state, required information 23B.10.060 articles of amendment, nonprofit corporations 24.03.170 authority to amend 23B.10.010 contents nonprofit corporations 24.03.025 defined nonprofit corporations 24.03.005 effect of 23B.02.030 effect of filing of nonprofit corporations 24.03.150 effect on pending causes of action and proceedings 23B.10.090 establishment of corporate existence 23B.02.030 filing nonprofit corporations 24.03.145 first year license and filing of articles fee 23B.01.520 insurance companies, See INSURANCE, subtitle Articles of incorporation nonprofit miscellaneous and mutual corporations 24.06.025 proof that conditions precedent to incorporation were met, exception 23B.02.030 requirements 23B.02.020 restated articles of incorporation 23B.10.070 restatement of nonprofit corporations 24.03.183 Articles of merger nonprofit corporations, contents and filing 24.03.200 Assets dissolved corporation, deposit with state treasurer 23B.14.400 distribution upon dissolution, nonprofit corporations 24.03.225 [RCW Index—page 149] CORPORATIONS liquidation, jurisdiction of court, nonprofit corporations 24.03.265 mortgage of 23B.12.010 nonprofit miscellaneous and mutual corporations 24.06.265 sale or transfer in usual course of business or benefit of creditors 23B.12.010 sale or transfer other than in regular course of business 23B.12.020 sales, lease, exchange or other disposition of nonprofit corporations 24.03.215 Athletic associations, nonprofit corporations, authorized 24.03.015 Attachment foreign corporations 6.25.030 stock, procedure on execution of writ 6.17.160 Auditor, county, See CORPORATIONS, subtitle County auditor Authorized shares 23B.06.010 Banks corporations authorized to acquire bank stock 30.04.230 stock certificates not required 30.08.081 Banks, See also BANKS AND BANKING, subtitle Corporations Benevolent corporations, nonprofit corporations, authorized 24.03.015 Biennial reports nonprofit corporations filing 24.03.400 nonprofit miscellaneous and mutual corporations filing requirements 24.06.445 secretary of state may authorize in place of annual report 24.06.440 Board of directors, defined, nonprofit corporation 24.03.005 Bond issues and obligations mutual savings banks, investment in 32.20.370 restrictions on issuance of bonds Const. Art. 12 § 6 Business license center 43.07.200 Business of corporations regulated by law, legislature Const. Art. 12 § 1 Bylaws adoption of initial bylaws 23B.02.060 amendment, power of nonprofit corporations 24.03.070 amendment procedure 23B.10.200 authority to make nonprofit corporations 24.03.070 defined, nonprofit corporation 24.03.005 emergency bylaws 23B.02.070 increased quorum requirements, amendment or repeal 23B.10.210 increased voting requirements for directors, amendment or repeal 23B.10.210 nonprofit miscellaneous and mutual corporations 24.06.095 procedure 23B.10.205 Capital stock savings banks, conversion of mutual savings banks Ch. 32.32 Cemeteries, See CEMETERIES Certificate of authority foreign corporations amendment, nonprofit corporations 24.03.365 application for filing nonprofit corporations 24.03.330 application for, contents, nonprofit corporations 24.03.325 conducting affairs without, nonprofit corporations 24.03.390 effect, nonprofit corporations 24.03.335 nonprofit corporations 24.03.305 revocation of 24.06.425 nonprofit corporations 24.03.380 insurance companies nonprofit corporations 24.03.332, 24.03.334 [RCW Index—page 150] nonprofit miscellaneous and mutual corporations 24.06.367, 24.06.369 nonprofit miscellaneous and mutual corporations 24.06.365, 24.06.370 foreign corporations 24.06.360 Certificate of consolidation nonprofit corporations 24.03.205 Certificate of existence or authorization 23B.01.280 Certificate of good standing nonprofit corporation 24.03.330 nonprofit miscellaneous and mutual corporations certificate of authority 24.06.365 Certificate of incorporation issuance by secretary of state nonprofit corporations 24.03.145 Certificate of merger nonprofit corporations 24.03.200 Certificate of revocation foreign corporations issuance, effect 24.06.430 issuance, nonprofit corporations 24.03.385 Certificates, share, form and content 23B.06.250 Certificates, share, issuance of shares without certificates 23B.06.260 Charitable corporations, nonprofit corporations, authorized 24.03.015 Charters invalid, when Const. Art. 12 § 2 not to be extended Const. Art. 12 § 3 Church corporations authority to incorporate 24.12.010 corporation name not distinguishable from name of governmental entity, procedures 24.12.060 existing corporation sole 24.12.040 filings, articles of incorporation 24.12.030 powers 24.12.020 property held in trust 24.12.030 Cities prohibited from owning bonds or stocks of corporations Const. Art. 8 § 7 Civic corporations, nonprofit corporations authorized 24.03.015 Colleges, See CORPORATIONS, subtitle Nonprofit corporations Combinations prohibited, penalty Const. Art. 12 § 22 Commercial organizations, nonprofit corporations, authorized 24.03.015 Committees nonprofit corporations 24.03.115 Community property agreements nonliability for transfer of shares or securities pursuant to direction of surviving spouse or domestic partner 11.02.120 Compensation for appropriation of right-of-way by Const. Art. 1 § 16 Confession of judgment by 4.60.020 Conflict of interest approval of transaction by directors, requirements 23B.08.720 approval of transaction by shareholders, requirements 23B.08.730 conflicting interest transactions, limits on judicial actions relating to 23B.08.710 definitions 23B.08.700 interested but not conflicting transactions, limits on judicial actions relating to 23B.08.710 Conforms to law defined nonprofit corporations 24.03.005 Consolidation approval, nonprofit corporations 24.03.195 articles of consolidation nonprofit corporations 24.03.200 foreign and domestic corporations nonprofit corporations 24.03.207 nonprofit miscellaneous and mutual corporations 24.06.233 nonprofit corporations 24.03.190 effect 24.03.210 effective date 24.03.205 nonprofit miscellaneous and mutual corporations 24.06.215, 24.06.220, 24.06.225, 24.06.230, 24.06.235 Conspiracy, forfeiture of franchise 9A.08.030 Construction nonprofit corporation act 24.03.010 repealer, exception, nonprofit corporation act 24.03.920 savings nonprofit corporation act 24.03.905 severability, nonprofit corporations 24.03.910 Consumer finance, See CONSUMER FINANCE Contracts actions against public corporations 4.08.120 actions by public corporations 4.08.110 Conveyances absence of seal from instrument, effect 64.04.105 Cooperative association conversion to domestic ordinary business corporation, procedure 23.86.210 Cooperative associations filing of documents 23.86.022 immunity from liability 23.86.050 Cooperative associations, See also COOPERATIVE ASSOCIATIONS Cooperative organizations, excluded from nonprofit corporation act 24.03.015 Counties, prohibited from owning bonds or stocks of corporations Const. Art. 8 § 7 County auditor filing, See CORPORATIONS, subtitle Filings Court-ordered meetings 23B.07.030 Credit unions, See CREDIT UNIONS Crimes relating to banks, See BANKS AND BANKING forgery in stock subscription 9.24.010 fraud false prospectus, report, or financial condition 9.24.050 forgery in stock subscriptions 9.24.020 insolvent bank receiving deposit 9.24.030 issuance or conveyance of stock or evidence of debt 9.24.020 license, doing business without, penalty 9.24.040 prospectus or report, falsity in 9.24.050 real or personal property, fraudulent conveyance or encumbrance 9.24.020 stock forgery in stock subscription 9.24.010 fraudulent issuance or conveyance of 9.24.020 use of "bank" or "trust" in name of restricted 30.04.020 Criminal actions against judgment, force and effect 10.01.090 penalties against, fines if penalty incapable of execution or enforcement 10.01.100 restitution, in lieu of fine 9A.20.030 service of process on corporations 10.01.070 Criminal liability corporate 9A.08.030 personal 9A.08.030 Cultural organizations, nonprofit corporations, authorized 24.03.015 Cumulative voting for election of directors 23B.07.280 Debts relief of by special legislation prohibited Const. Art. 2 § 28 Debts, See also CORPORATIONS, subtitle Liabilities Defined Const. Art. 12 § 5 nonprofit corporation 24.03.005 Definitions 23B.01.400 nonprofit miscellaneous and mutual corporations 24.06.005 Dentistry practice or solicitation prohibited 18.32.675 Derivative proceedings, procedure 23B.07.400 (2008 Ed.) CORPORATIONS Development credit corporations, See DEVELOPMENT CREDIT CORPORATIONS Directors board of directors articles of incorporation, amendment by 23B.10.020 articles of incorporation, amendment by board and shareholders 23B.10.030 bylaws, amendment by 23B.10.200 committees of directors 23B.08.250 duties 23B.08.010 meetings notice requirements waiver of notice 23B.08.230 quorum 23B.08.240 voting 23B.08.240 removal of officers 23B.08.430 requirement 23B.08.010 bylaws authority to adopt or alter, limitations upon nonprofit corporations 24.03.070 conflict of interest approval of transaction by directors, requirements 23B.08.720 approval of transaction by shareholders, requirements 23B.08.730 conflicting interest transactions, limits on judicial actions relating to 23B.08.710 definitions 23B.08.700 interested but not conflicting transactions, limits on judicial actions relating to 23B.08.710 election 23B.08.030 by classes or series of shares 23B.08.040 cumulative voting 23B.07.280 indemnification advance for expenses 23B.08.530 application to nonbusiness corporations 23B.17.030 authority to indemnify 23B.08.510 court-ordered indemnification 23B.08.540 definitions 23B.08.500 determination and authorization of indemnification 23B.08.550 mandatory indemnification 23B.08.520 report to shareholders 23B.08.600 shareholder authorized indemnification and advance of expenses 23B.08.560 validity of indemnification or advance of expenses 23B.08.590 liability limitations on 23B.08.320 liability for unlawful distributions 23B.08.310 liability insurance, corporation may maintain on behalf of 23B.08.580 limitation on liability of application to nonbusiness corporations 23B.17.030 loans, prohibited, exceptions nonprofit corporations 24.03.140 meetings action taken without nonprofit corporations 24.03.465 place and notice, nonprofit corporations 24.03.120 nonprofit corporations election or appointment 24.03.100 judicial removal 24.03.1031 number 24.03.100 number and elections or appointment 24.03.100 qualifications 24.03.095 nonprofit miscellaneous and mutual corporations 24.06.125, 24.06.130, 24.06.135, 24.06.140, 24.06.145, 24.06.150, 24.06.153 notice, waiver, nonprofit corporations 24.03.460 number 23B.08.030 penalties, nonprofit corporations 24.03.425 qualifications 23B.08.020 quorum (2008 Ed.) nonprofit corporations 24.03.110 removal by judicial proceeding 23B.08.090 removal by shareholders 23B.08.080 removal of 24.03.103 resignation 23B.08.070 standards of conduct, generally 23B.08.300 terms, staggered terms 23B.08.060 terms of office 23B.05.050, 23B.08.050 vacancies nonprofit corporations 24.03.105 Dispute resolution centers alternative to judicial setting Ch. 7.75 Dissolution administrative claims against dissolved corporation, disposition of known claims 23B.14.210 grounds 23B.14.200 procedure 23B.14.210 reinstatement following administrative dissolution 23B.14.220 winding up and liquidation of business and affairs 23B.14.210 articles of dissolution contents, nonprofit corporations 24.03.240 filing, nonprofit corporations 24.03.245 filing with secretary of state, required information 23B.14.030 assets of dissolved corporation, deposit with state treasurer 23B.14.400 claims 23B.14.065, 23B.14.070 claims against dissolved corporation, disposition of known claims 23B.14.060 decree of filing nonprofit corporation 24.03.295 directors and shareholders, dissolution by 23B.14.020 directors or incorporators, dissolution by 23B.14.010 distribution of assets nonprofit corporations 24.03.225 plan of distribution, nonprofit corporations 24.03.230 involuntary decree of involuntary dissolution, nonprofit corporations 24.03.290 nonprofit corporations, grounds and procedure 24.03.250 nonprofit miscellaneous and mutual corporations 24.06.290 survival of remedies 24.06.335 procedure nonprofit corporations 24.03.260 venue nonprofit corporations 24.03.260 judicial claims against dissolved corporation, disposition of known claims 23B.14.330 decree of dissolution, delivery to secretary of state 23B.14.330 general or custodial receivership 23B.14.320 grounds 23B.14.300 procedure 23B.14.310 winding up and liquidation of business and affairs 23B.14.330 liquidation procedure, nonprofit corporations 24.03.270 list of dissolved corporations, secretary of state’s duties 23B.14.390 list of dissolved corporations published in state register 34.08.020 name not distinguishable from name of governmental entity, procedures 23B.14.203 nonprofit corporations grounds 24.03.302 name 24.03.300 procedure, notice 24.03.302 petition for, court commissioner’s power to hear and determine 2.24.040 quo warranto proceedings 7.56.100, 7.56.110 remedies, survival after dissolution 23B.14.340 revocation, nonprofit corporations 24.03.235 revocation of dissolution 23B.14.040 survival and defense of actions against 23B.14.340 survival of remedy after nonprofit corporations 24.03.300 unclaimed property 63.29.110 unfair business practices violation 19.86.150 voluntary nonprofit miscellaneous and mutual corporations survival of remedies 24.06.335 procedure nonprofit corporations 24.03.220 supervision 23B.14.310 winding up and liquidation of business and affairs, powers retained 23B.14.050 Distributions to shareholders, authorization and limitations 23B.06.400 Distributions to shareholders, director’s liability for unlawful 23B.08.310 Documents signing false document, penalty 23B.01.290 Domestic defined nonprofit corporation 24.03.005 service of process on, no officer in state upon whom process can be served 4.28.090 Duplicate originals defined nonprofit corporations 24.03.005 Educational corporations, nonprofit corporations, authorized 24.03.015 Effective date defined nonprofit corporations 24.03.005 Ejectment and quieting title actions conflicting claims, generally 7.28.280 joinder of parties 7.28.280 Eleemosynary corporations, nonprofit corporations, authorized 24.03.015 Eminent domain adjournment of proceedings 8.20.060 appellate review 8.20.100, 8.20.120 work not to be delayed by, conditions 8.20.130 claimants, payment of 8.20.110 compensation action without suit to oust corporation allowed 8.20.170 conflicting claims 8.20.110 damages payment 8.20.100 decree of appropriation 8.20.090 judgment 8.20.090 notice petition for appropriation 8.20.020 ouster action for compensation without suit to oust corporation allowed 8.20.170 condemnation to avoid 8.20.150, 8.20.160 petition for appropriation 8.20.010 notice, service requirements 8.20.020 prior entry with consent condemnation avoids ouster 8.20.150 private way of necessity, adjudication of 8.20.070 public use, adjudication of 8.20.070 railway right-of-way through canyon, pass, or defile 8.20.140 service petition for appropriation 8.20.020 three-year occupancy condemnation avoids ouster 8.20.160 trial 8.20.080 Eminent domain against property of, legislature not to abridge right of Const. Art. 12 § 10 Employee cooperative corporations conversion of shares and accounts 23.78.100 creation 23.78.020 definitions 23.78.010 earnings, use of 23.78.080 earnings or losses, apportionment 23.78.070 [RCW Index—page 151] CORPORATIONS internal capital account cooperatives 23.78.090 internal capital accounts system 23.78.080 membership 23.78.050, 23.78.060, 23.78.080 merger 23.78.100 name 23.78.040 revocation 23.78.030 termination of membership 23.78.080 voting rights 23.78.060 Employees indemnification validity of indemnification or advance of expenses 23B.08.590 indemnification of officers, employees, and agents 23B.08.570 liability insurance, corporation may maintain on behalf of 23B.08.580 Employees, See also CORPORATIONS, subtitle Officers Equality of privileges and immunities Const. Art. 1 § 12 Evidence, certificates and certified copies to be received in evidence nonprofit corporations 24.03.450 Exchange foreign and domestic nonprofit miscellaneous and mutual corporations 24.06.233 Exchange of shares foreign with domestic nonprofit corporation 24.03.207 Executed by an officer of the corporation defined nonprofit corporations 24.03.005 False statements gross misdemeanor 43.07.210 Farmers home administration loan guaranty program Ch. 31.35 Fees banks, See BANKS AND BANKING certificate issuance nonprofit corporations 24.03.405 disposition, nonprofit corporations 24.03.415 filing documents nonprofit corporations 24.03.405 reinstatement application 24.03.405 fish marketing associations, membership 24.36.160 Massachusetts trusts, payment of, computation 23.90.040 name registration nonprofit corporations 24.03.047 nonprofit corporations Ch. 24.03 nonprofit miscellaneous and mutual corporations 24.06.450, 24.06.455 disposition of fees 24.06.460, 24.06.462 record filings 23B.01.220 trust companies 30.08.095 Filings agent, change of registered agent nonprofit corporations 24.03.055 annual report nonprofit corporations 24.03.400 articles of amendment nonprofit corporations 24.03.175 articles of consolidation nonprofit corporations 24.03.200 articles of dissolution nonprofit corporations 24.03.245 articles of incorporation nonprofit corporations 24.03.145 articles of merger nonprofit corporations 24.03.200 biennial report nonprofit corporations 24.03.400 change of registered office or registered agent nonprofit corporations 24.03.055 correction of filed record 23B.01.240 decree of dissolution nonprofit corporations 24.03.295 effective time and date of record filed with secretary of state 23B.01.230 [RCW Index—page 152] fees and charges, establishment and collection 23B.01.220 Massachusetts trusts 23.90.040 name registration nonprofit corporations 24.03.047 nonprofit miscellaneous and mutual corporations documents and certificates 24.06.450 office, change of registered office nonprofit corporations 24.03.055 records, forms and contents 23B.01.200 secretary of state, filing with agent consent foreign corporation required, nonprofit corporations 24.03.340 annual report domestic and foreign nonprofit corporations 24.03.400 articles of consolidation nonprofit corporations 24.03.200 articles of incorporation nonprofit corporations 24.03.145 articles of merger nonprofit corporations 24.03.200 biennial report nonprofit corporations 24.03.400 change of registered agent or office nonprofit corporations 24.03.055 copies of miscellaneous fees 24.03.410 electronic nonprofit corporations 24.03.007 exact or confirmed copies nonprofit corporations 24.03.008 fees for filing with secretary of state nonprofit corporations 24.03.405 reinstatement application 24.03.405 format, modernized 43.07.170 summary cover sheet 43.07.190 Financial statements preparation and transmission to shareholders 23B.16.200 Fish marketing associations agent of member, may act as 24.36.320 appraisal of expelled members’ property 24.36.290 bylaws 24.36.130 conspiracy, deemed not to be 24.36.070 contracts legality presumed 24.36.070 with other corporations or associations 24.36.400 definitions 24.36.030 directors districts 24.36.190, 24.36.200 election 24.36.190, 24.36.200, 24.36.210 executive committee 24.36.240 nomination 24.36.220 terms of office 24.36.230 dividends, form of, amount 24.36.160 exemptions under other laws apply 24.36.080 facilities of association, powers of association as to 24.36.380 fees and charges, membership 24.36.160 general corporate laws apply 24.36.050 incur indebtedness, power to 24.36.310 investments 24.36.330 joint operations with other corporations or associations 24.36.400 levy of assessments 24.36.360 liability of members breach of marketing contract 24.36.440 debts of association 24.36.270 marketing contracts 24.36.410 delivery by member, enforcement of 24.36.470 injunctions to enforce 24.36.450 landlord or lessor, enforcement against 24.36.460 liability for breach of 24.36.440 meetings 24.36.180, 24.36.280 membership appraisal of expelled members’ property 24.36.290 fees and charges 24.36.160 suspension of 24.36.170 termination of 24.36.170 valuation and purchase of shares 24.36.170 merger and consolidation 24.36.090 monopoly, deemed not to be 24.36.070 nonprofit 24.36.040 nonstock associations certificate of membership 24.36.260 statement in articles 24.36.120 powers 24.36.300, 24.36.370 price fixing, not deemed arbitrary 24.36.070 property, powers as to 24.36.350 purpose 24.36.020 quorum 24.36.150 restraint of trade combination, deemed not to be 24.36.070 sale of products 24.36.420, 24.36.430 securities act inapplicable 24.36.060 short title 24.36.010 stock, articles to contain statement of 24.36.100, 24.36.110 stock and bonds of other corporations, powers to deal in 24.36.340, 24.36.390 stock associations, articles to describe shares 24.36.100, 24.36.110 transfer of stock, restriction 24.36.140 voting, bylaws to regulate 24.36.150 warehouse corporations membership in authorized 24.36.390 warehouse receipts, validity 24.36.390 Foreign branch campuses acts not constituting the transaction of business in state 24.03.307 admission as foreign nonprofit corporation not required 24.03.305 operation does not constitute conducting affairs in state 24.03.305 Foreign corporation, with a domestic merger, exchange, consolidation nonprofit corporations 24.03.207 Foreign corporations activities not constituting the transaction of business 23B.15.010, 23B.15.015 admission nonprofit corporations 24.03.305 agents registered agent 23B.15.070 change of 23B.15.080 resignation of 23B.15.090 registered agent, agent for service of process 23B.15.100 annual reports notice of filing date 23B.01.510 application of title to existing corporations 23B.17.010 attachment against bond unnecessary, when 6.25.080 ground for 6.25.030 authority to acquire bank stock, limitation 30.04.230 authority to transact business, certificate of authority required 23B.15.010 branch campus of a foreign degree-granting institution 23B.15.015 business, authority to transact, certificate of authority required 23B.15.010 certificate of authority 23B.15.010 amendment nonprofit corporations 24.03.365 application contents, nonprofit corporations 24.03.325 filing, nonprofit corporations 24.03.330 application for 23B.15.030 conducting affairs without, nonprofit corporations 24.03.390 court actions, certificate required to maintain 23B.15.020 effect of nonprofit corporations 24.03.335 (2008 Ed.) CORPORATIONS fees and penalties, liability to state, doing business without 23B.15.020 powers conferred by obtaining 23B.15.050 requirement, nonprofit corporations 24.03.380 revocation effect 23B.15.310 grounds 23B.15.300 procedure 23B.15.310 revocation of nonprofit corporations 24.03.380 certificate of revocation, issuance, nonprofit corporations 24.03.385 consequences of doing business without authority 23B.15.020 court proceeding, certificate of authority required to maintain 23B.15.020 defined nonprofit corporation 24.03.005 dismissal for failure to give security for costs 4.84.230 "doing business within the state", defined for purposes of applicability of law, nonprofit corporations 24.03.305 favoritism prohibited Const. Art. 12 § 7 fees, See CORPORATIONS, subtitle Fees fees and penalties, liability to state, doing business without certificate of authority 23B.15.020 filing, See CORPORATIONS, subtitle Filings filing and license fees 23B.01.540 foreign degree-granting institution’s branch campus 23B.15.015 internal affairs regulation by state, limitations on authority 23B.15.050 license fees annual 23B.01.550 notice of due date for payment 23B.01.510 merger nonprofit corporations 24.03.360 merger with domestic corporation 23B.11.070 names change of name nonprofit corporations 24.03.320 requirements and limitations 23B.15.060 nonadmitted foreign organizations real estate mortgages, authority to own and enforce 23B.18.010 real estate mortgages, foreclosure by 23B.18.020 service of process on 23B.18.040 procedure 23B.18.050 transacting business, real estate mortgage activities do not constitute 23B.18.030 venue for suits arising from real estate mortgage activities 23B.18.060 nonprofit, reinstatement 24.03.386, 24.03.388 nonprofit miscellaneous and mutual corporations 24.06.345 certificate of authority 24.06.360, 24.06.435 revocation of 24.06.425 certificate of revocation issuance, effect 24.06.430 name 24.06.045, 24.06.350 change of 24.06.355 offices registered office 23B.15.070 change of 23B.15.080 powers nonprofit corporations 24.03.310 powers conferred by obtaining certificate of authority 23B.15.050 registered agent 23B.15.070 agent for service of process 23B.15.100 change of 23B.15.080 nonprofit corporations 24.03.345 required nonprofit corporations 24.03.340 resignation of 23B.15.090 registered office 23B.15.070 change of 23B.15.080 nonprofit corporations 24.03.345 (2008 Ed.) required nonprofit corporations 24.03.340 secretary of state agent for service of process in absence of registered agent 23B.15.100 security for costs bond in lieu of separate security for costs 4.84.220 dismissal for failure to give 4.84.230 judgment on 4.84.240 required 4.84.210 standing bond for numerous actions 4.84.220 service of process and papers resident agent, agent for service of process 23B.15.100 secretary of state, agent in absence of registered agent 23B.15.100 service of process and papers on personal service 4.28.080 publication, by 4.28.100 service of summons on personal service 4.28.080 publication, by 4.28.100 service on nonprofit corporations 24.03.350 share exchange with domestic corporation 23B.11.070 trademark registration actions, service upon secretary of state 19.77.090 withdrawal application for nonprofit corporations 24.03.375 application for certificate, required information 23B.15.200 nonprofit corporations 24.03.370 Forfeiture of corporate franchise alienation or lease not to relieve liability Const. Art. 12 § 8 unlawful combinations, monopolies Const. Art. 12 § 22 Forgery in stock subscription, penalty 9.24.010 Formation by general laws Const. Art. 12 § 1 Forms secretary of state, authority to mandate use 23B.01.210 secretary of state may prescribe and furnish 23B.01.210 Franchise, forfeiture Const. Art. 12 § 22 alienation or lease not to relieve liability Const. Art. 12 § 8 not to be remitted Const. Art. 12 § 3 Fraternal organizations, nonprofit organizations, authorized 24.03.015 Fraternal societies Ch. 24.20 Fraternal society building corporations Ch. 24.24 Fraud false prospectus, report or financial condition penalty 9.24.050 forgery in stock subscription, penalty 9.24.010, 9.24.020 insolvent bank receiving deposit, penalty 9.24.030 issuance or conveyance of stock or evidence of debt, penalty 9.24.020 Garnishment defense against claim of defendant 6.27.300 justice court proceeding 6.27.300 discharge as garnishee by uncontroverted answer 6.27.240 justice court proceeding 6.27.240 identification as in application for writ 6.27.060 service of writ on, effect 6.27.120 justice court proceeding 6.27.120 writ requirements when garnishee, justice court proceeding 6.27.070 Governor, power to require attorney general or any prosecuting attorney to inquire into 43.06.010 Granges Ch. 24.28 Health care services, nonprofit corporations 24.03.015 Holding corporations, restriction on holding stock in bank or trust company 30.04.230 Homeowners’ associations Ch. 64.38 Horticultural, nonprofit corporations, authorized 24.03.015 Hostile or unfriendly acquisition attempts approval of significant business transaction required, violation 23B.19.040 definitions 23B.19.020 legislative findings and intent 23B.19.010 provisions of chapter additional to other requirements 23B.19.050 transaction excluded from chapter 23B.19.030 Immunities, equality Const. Art. 1 § 12 Inactive corporations definition 23B.01.530 Incorporators 23B.02.010 nonprofit corporations 24.03.020 Indemnification of directors, officers, employees, and agents definitions 23B.08.500 validity of indemnification or advance of expenses 23B.08.590 Indemnification of officers, employees, and agents 23B.08.570 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Corporations Industrial loan companies, See INDUSTRIAL LOAN COMPANIES Industrial organizations, nonprofit corporations, authorized 24.03.015 Insolvent, defined nonprofit corporation 24.03.005 Insolvent bank receiving deposit, penalty 9.24.030 Insurance group life 48.24.045 Insurance companies filing of documents 23.86.022 filing of records 23B.01.202, 23B.02.032, 23B.04.035, 23B.04.037, 23B.10.012, 23B.14.392, 23B.15.032 Insurance organizations, excluded from application of nonprofit corporation act 24.03.015 Interest defense of usury, limitation 19.52.080 Interrogatories nonprofit miscellaneous and mutual corporations secretary of state, confidential 24.06.475, 24.06.480 secretary of state nonprofit corporations confidential nature 24.03.435 exemptions 24.03.430 Investment of trust funds eligible and ineligible securities Ch. 11.100 governed by this chapter 11.100.010 Investment securities Ch. 62A.8 Involuntary dissolution decree of involuntary dissolution, nonprofit corporations 24.03.290 grounds nonprofit corporations 24.03.250 nonprofit corporations grounds and procedure 24.03.250 venue and process 24.03.260 nonprofit miscellaneous and mutual corporations 24.06.290 secretary of state, notification of attorney general, nonprofit corporations 24.03.255 Involuntary dissolution, See also CORPORATIONS, subtitle Dissolution, involuntary Issuance of shares 23B.06.210 Jurisdiction, residence for purposes of 4.12.025 Labor unions, nonprofit corporations, excluded from act 24.03.015 Legislature creation of corporation by special legislation prohibited Const. Art. 2 § 28 [RCW Index—page 153] CORPORATIONS may regulate laws pertaining to Const. Art. 12 §1 power to amend or repeal title reserved 23B.01.020 Liabilities alienation or lease of franchise no release Const. Art. 12 § 8 bank deposits after insolvency, receipt of Const. Art. 12 § 12 fictitious increase of indebtedness void Const. Art. 12 § 6 relief from by lease or alienation of franchise prohibited Const. Art. 12 § 8 relief from debts or obligations by special legislation prohibited Const. Art. 2 § 28 shareholders Const. Art. 12 § 4 bank insurance and joint stock companies Const. Art. 12 § 11 ordinary liability Const. Art. 12 § 4 Liability insurance on behalf of directors, officers, employees, and agents, corporation may maintain 23B.08.580 Libel, injuring corporation in business, penalty 9.58.010 License doing business without, penalty 9.24.040 License fees annual fee 23B.01.530 first year license and filing of articles fee 23B.01.520 nonpayment, penalty, payment of delinquent fees 23B.01.570 notice of due date for payment 23B.01.500 penalty fees, waiver by secretary of state 23B.01.580 public service companies, deduction for fees paid to utilities and transportation commission 23B.01.590 reinstated corporations 23B.01.560 License renewal staggered 43.07.180 Liquidation jurisdiction of court, nonprofit corporations 24.03.265 Liquidation, See also CORPORATIONS, subtitle Dissolution, liquidation Literary organizations, nonprofit corporations, authorized 24.03.015 Loans officers or directors, to, prohibited, exceptions nonprofit corporations 24.03.140 Massachusetts trusts authorized 23.90.030 defined 23.90.020 fees, payment of, computation 23.90.040 filings business name and address 23.90.040 trust instruments and amendments 23.90.040 trustees’ names 23.90.040 powers and duties 23.90.040 reports, making of 23.90.040 rules and regulations 23.90.040 service of process upon 23.90.040 taxes, payment of, computation 23.90.040 Meetings annual meeting 23B.07.010 conference calls 24.03.075 court-ordered meetings 23B.07.030 inspectors to act at 23B.07.035 members action without a meeting, nonprofit corporations 24.03.465 nonprofit corporations quorum 24.03.090 special meetings 24.03.075 time and place 24.03.075 notice of annual and special meetings 23B.07.050 waiver of notice 23B.07.060 organizational meeting nonprofit corporations 24.03.155 proxy voting 23B.07.220 [RCW Index—page 154] shareholder participation by means of communication equipment 23B.07.080 shareholders’ list 23B.07.200 special meetings 23B.07.020 voting entitlement of shares 23B.07.210 Members defined, nonprofit corporation 24.03.005 meeting action without a meeting, nonprofit corporations 24.03.465 nonprofit corporations 24.03.075 notice 24.03.080 nonprofit corporations, classes 24.03.065 nonprofit corporations, committees 24.03.065 nonprofit miscellaneous and mutual corporations 24.06.065 notice, waiver of, nonprofit corporations 24.03.460 voting proxy 24.03.085 quorum 24.03.090 right 24.03.085 Membership, qualification 24.36.250 Merger approval, nonprofit corporations 24.03.195 articles of merger nonprofit corporations 24.03.200 cooperative association with one or more business corporations, procedure 23.86.220 foreign and domestic corporations nonprofit corporations 24.03.207 nonprofit miscellaneous and mutual corporations 24.06.233 nonprofit corporations 24.03.185 effect 24.03.210 effective date 24.03.205 nonprofit miscellaneous and mutual corporations 24.06.230, 24.06.235 Mergers articles of merger 23B.11.090 articles of merger, filing with secretary of state, required information 23B.11.050 cooperative association with one or more business corporations rights, powers, duties, and liabilities of surviving entity 23.86.230 domestic and foreign entities, effect 23B.11.110 domestic corporation and foreign corporation 23B.11.070 effect on merging and surviving corporations 23B.11.060 effect on surviving entity 23B.11.100 merger plan, approval procedure 23B.11.030 merger plan, separate voting group 23B.11.035 procedures 23B.11.080 requirements, generally 23B.11.010 subsidiary, merger with 23B.11.040 Metropolitan municipal corporations, See METROPOLITAN MUNICIPAL CORPORATIONS Military units may organize for social purposes 38.40.130 Mining, See MINES AND MINING, subtitle Corporations Miscellaneous and mutual corporations service of process personal service 4.28.080 Money, issuance prohibited, exception Const. Art. 12 § 11 Monopolies, trusts prohibited, penalty Const. Art. 12 § 22 Municipal, See MUNICIPAL CORPORATIONS Mutual savings banks, See also MUTUAL SAVINGS BANKS Name cooperative associations, restrictions 23.86.030 corporate name, requirements and restrictions 23B.04.010 corporation name not distinguishable from name of governmental entity, procedures 23B.14.203, 24.03.3025, 24.06.293, 24.12.060 foreign corporation fictitious name, use of nonprofit corporations 24.03.315 nonprofit corporations change 24.03.320 nonprofit miscellaneous and mutual corporations 24.06.350 change of 24.06.355 nonprofit corporations 24.03.045 dissolution 24.03.300 registration of 24.03.047 renewal of 24.03.048 reservation of name 24.03.046 nonprofit miscellaneous and mutual corporations 24.06.045, 24.06.915 registration renewal of 24.06.048 registration of corporate name 24.06.047 reservation 24.06.046 registered name 23B.04.030 reserved name 23B.04.020 savings and loan associations use of misleading words 33.08.010 use of "bank" or "trust" in name of restricted, penalty 30.04.020 Nonadmitted foreign organizations real estate mortgages, authority to own and enforce 23B.18.010 real estate mortgages, foreclosure by 23B.18.020 service of process on 23B.18.040 procedure 23B.18.050 transacting business, real estate mortgage activities do not constitute 23B.18.030 venue for suits arising from real estate mortgage activities 23B.18.060 Nonprofit corporation act Ch. 24.03 Nonprofit corporations agricultural 24.03.015 animal husbandry 24.03.015 annual report 24.03.395 biennial filing may be authorized 24.03.395 filing 24.03.400 annuities, charitable gift annuity business Ch. 48.38 appeal from secretary of state 24.03.445 applicability of nonprofit corporations act 24.03.010 elective coverage authorized 24.03.017 tax reform act of 1969 24.40.010 articles of amendment contents 24.03.170 effect 24.03.175 filing 24.03.175 articles of incorporation amendment 24.03.180 procedure 24.03.165 right 24.03.160 articles of amendment 24.03.170 contents 24.03.025 tax reform act of 1969 24.40.020 effect of filing 24.03.150 filing 24.03.145 restatement of 24.03.183 assets liquidation, jurisdiction of court 24.03.265 sale, lease, exchange, or other disposition 24.03.215 athletic 24.03.015 benevolent 24.03.015 biennial report filing of, notice and filing dates 24.03.400 may be authorized in place of annual report 24.03.395 certificate issuance fees 24.03.405 certificate of authority, application, filing 24.03.330 (2008 Ed.) CORPORATIONS certificate of elective coverage, contents 24.03.017 certificate of good standing 24.03.330 certificate of incorporation issuance by secretary of state 24.03.145 certificate of merger 24.03.205 certificate of revocation, foreign corporations, issuance 24.03.385 charitable 24.03.015 civic 24.03.015 commercial 24.03.015 committees 24.03.115 foreign corporations amendment 24.03.365 application for, contents 24.03.325 effect of 24.03.335 requirement 24.03.305 revocation 24.03.380 consolidation approval 24.03.195 articles of consolidation 24.03.200 certificate of consolidation 24.03.200 effect 24.03.210 procedure 24.03.190 construction, repealer, exception 24.03.915 cooperative organizations, excluded 24.03.015 corporation name not distinguishable from name of governmental entity, procedures 24.03.3025 county agricultural fairs, management of 36.37.040 cultural 24.03.015 definitions 24.03.005 directors assent presumed if present at meeting 24.03.113 duties 24.03.127 judicial removal 24.03.1031 loans to prohibited 24.03.140 meetings action without a meeting 24.03.465 place and notice 24.03.120 notice, waiver 24.03.460 number and elections or appointment 24.03.100 penalties 24.03.425 qualifications 24.03.095 quorum 24.03.110 vacancies 24.03.105 voting, sale, lease, exchange, or other disposition of assets 24.03.215 dissolution administrative grounds 24.03.302 procedure, notice 24.03.302 articles of dissolution contents 24.03.240 filing 24.03.245 decree of dissolution, filing 24.03.295 distribution of assets 24.03.225, 24.03.270 applicability of tax reform act of 1969 24.40.030 plan of distribution 24.03.230 involuntary dissolution grounds and procedure 24.03.250 notification of attorney general 24.03.255 venue and process 24.03.260 liquidation, jurisdiction of court 24.03.265 name 24.03.300 procedure 24.03.270 survival of remedy 24.03.300 voluntary dissolution procedure 24.03.220 revocation 24.03.235 distribution of assets, notice to attorney general required 24.03.230 educational 24.03.015 eleemosynary 24.03.015 evidence certificates and certified copies 24.03.450 fees (2008 Ed.) certificate of elective coverage required 24.03.017 disposition of fees 24.03.415 filing 24.03.405 reinstatement application 24.03.405 miscellaneous fees 24.03.410 filing annual report 24.03.400 articles of consolidation 24.03.200 articles of incorporation 24.03.145 articles of merger 24.03.200 biennial report 24.03.400 electronic 24.03.007 exact or confirmed copies 24.03.008 fees 24.03.405 reinstatement application fees 24.03.405 foreign corporations admission 24.03.305 certificate of authority amendment 24.03.365 application, filing 24.03.330 application for, contents 24.03.325 conducting affairs without 24.03.390 effect 24.03.335 requirement 24.03.305 revocation 24.03.380 certificate of revocation, issuance 24.03.385 merger 24.03.360 name change 24.03.320 factitious 24.03.315 powers 24.03.310 registered agent change of 24.03.345 required 24.03.340 registered office change of 24.03.345 required 24.03.340 reinstatement 24.03.386, 24.03.388 service on 24.03.350 withdrawal 24.03.370 application, filing 24.03.375 fraternal 24.03.015 funds, management Ch. 24.44 general powers 24.03.035 health care services 24.03.015 horticultural organizations 24.03.015 incorporators 24.03.020 industrial 24.03.015 insurance companies certificate of authority, filing 24.03.332, 24.03.334 insurance organizations, excluded 24.03.015 interrogatories confidential nature 24.03.435 by secretary of state exemptions 24.03.430 involuntary dissolution decree of involuntary dissolution 24.03.290 grounds and procedure 24.03.250 notification of attorney general 24.03.255 venue and process 24.03.260 labor unions, exempted 24.03.015 liability, limitations 4.24.264 limitations 24.03.030 liquidation jurisdiction of court 24.03.265 literary 24.03.015 loans, to directors and officers prohibited 24.03.140 management of funds Ch. 24.44 meeting members or directors, action without a meeting 24.03.465 notice 24.03.080 organization meetings 24.03.155 time and place 24.03.075 members classes 24.03.065 meeting, action without a meeting 24.03.465 member committees 24.03.065 notice, waiver 24.03.460 voting, sale, lease, exchange, or other disposition of assets 24.03.215 merger approval 24.03.195 articles of merger 24.03.200 effect 24.03.210 foreign corporations 24.03.360 procedure 24.03.185 mortgage and pledge of assets 24.03.217 name 24.03.045 foreign corporations, change of 24.03.320 registration of 24.03.047 registration renewal 24.03.048 reservation of 24.03.046 notice compliance with 1969 act 24.03.915 electronic transmission 24.03.009 officers enumerated 24.03.125 loans to, prohibited 24.03.140 penalties 24.03.425 removal 24.03.130 organization meetings 24.03.155 patriotic 24.03.015 penalties directors and officers 24.03.425 upon corporations 24.03.420 political 24.03.015 postsecondary school loans allowable interest rates 24.03.480 powers, unauthorized assumption 24.03.470 professional 24.03.015 property, sale, lease, exchange, or other disposition 24.03.215 purposes permitted 24.03.015 quorum 24.03.090 records documents in form of record, inspection 24.03.135 registered agent change of 24.03.055 foreign corporations 24.03.345 consent of 24.03.050 foreign corporations, required 24.03.340 necessity for 24.03.050 notice to corporations to file 24.03.915 registered office change of 24.03.055 foreign corporations 24.03.345 foreign corporations, required 24.03.340 necessity for 24.03.050 reinstatement 24.03.303 religious 24.03.015 sale, lease, exchange, or other disposition of property 24.03.217 savings 24.03.905 schools as 28A.320.010 scientific 24.03.015 secretary of state appeal from 24.03.445 interrogatories exemptions 24.03.430 notice to existing corporations 24.03.915 powers and authority 24.03.440 service of process 24.03.060 severability of act 24.03.910 shareholders, See CORPORATIONS, subtitle Members short title 24.03.900 social 24.03.015 state employee child care organizations organization as corporation required to qualify for services under RCW 41.04.380 41.04.382 tax reform act of 1969 articles of incorporation 24.40.060 construction of references to federal code 24.40.050 powers of courts and attorney general 24.40.040 severability clause 24.40.070 trade association 24.03.015 [RCW Index—page 155] CORPORATIONS transportation services for elderly and disabled persons Ch. 81.66 ultra vires, defense of 24.03.040 voluntary dissolution articles of dissolution contents 24.03.240 filing 24.03.245 procedure 24.03.220 revocation 24.03.235 voting 24.03.085 greater voting requirements 24.03.455 sale, lease, exchange or other disposition of assets 24.03.215 waiver of notice 24.03.460 Nonprofit miscellaneous and mutual corporations an officer of the corporation, defined 24.06.005 annual or biennial report 24.06.440 required, filing 24.06.445 annual report filing 24.06.450 appeal from secretary of state 24.06.490 applicability foreign corporations 24.06.010 miscellaneous and mutual corporations act 24.06.010 nonprofit corporation act 24.06.010 application effect on domestic corporations not covered by chapter 24.04 RCW 24.06.010 foreign corporations 24.06.010 articles of amendment 24.06.195, 24.06.200, 24.06.205 filing fee 24.06.450 articles of incorporation 24.06.170 amendment 24.06.185, 24.06.190 capital stock, requirements 24.06.025 contents 24.06.025 defined 24.06.005 directors, generally names and addresses required 24.06.025 dissolution, final distribution of assets 24.06.025 effect of filing 24.06.175 incorporators, names and addresses required 24.06.025 internal affairs, regulation of 24.06.025 purpose or purposes 24.06.025 qualifications members 24.06.025 registered office, address required 24.06.025 regulations, internal affairs 24.06.025 shareholder, dissenting, rights 24.06.025 surplus funds, distribution of 24.06.025 assets distribution of 24.06.265 liquidation, jurisdiction of court 24.06.305 sale, lease, exchange, or mortgage 24.06.240 beneficial corporation, organization authorized 24.06.015 board of directors, defined 24.06.005 books and records, right of member or shareholder to inspect 24.06.160 bylaws amendment 24.06.095 authority to make 24.06.095 defined 24.06.005 certificate issuance fees 24.06.450 certificate of authority application 24.06.360 conducting affairs without 24.06.435 filing 24.06.365 foreign corporations amendment 24.06.410 application for, contents 24.06.360 effect of 24.06.370 requirement 24.06.360 revocation of 24.06.425 certificate of good standing 24.06.365 certificate of incorporation issuance by secretary of state 24.06.170 [RCW Index—page 156] certificate of revocation foreign corporations issuance 24.06.430 committees 24.06.145 community revitalization financing 24.06.610 conforms to law, defined 24.06.005 consolidation approval of 24.06.220 dissenting members limitation on payment 24.06.255 rights, liabilities 24.06.250 effect 24.06.235 exchange, merger foreign and domestic 24.06.233 members’ right to dissent 24.06.245 procedure 24.06.225 cooperative corporations, organization authorized 24.06.015 corporation, defined 24.06.005 corporation name not distinguishable from name of governmental entity, procedures 24.06.293 definitions 24.06.005 directors committees, appointed by 24.06.145 duties, standard, liability 24.06.153 loans to, regulations 24.06.165 meetings 24.06.150 number and election 24.06.130 qualifications 24.06.125 quorum 24.06.140 vacancies 24.06.135 dissolution articles of dissolution contents 24.06.275 filing 24.06.280 decree of dissolution, filing 24.06.330 distribution of assets 24.06.265 involuntary grounds and procedure 24.06.285 rights, duties, remedies 24.06.290 venue and process 24.06.295 liquidation, jurisdiction of court 24.06.300 plan of distribution 24.06.265 procedure 24.06.305 voluntary dissolution procedure 24.06.260 revocation 24.06.270 distribution of assets 24.06.290 domestic corporation, defined 24.06.005 duplicate originals, defined 24.06.005 effective date 24.06.920 defined 24.06.005 evidence, certificates and certified copies 24.06.490, 24.06.495 executed by an officer of the corporation, defined 24.06.005 fees disposition of fees 24.06.460, 24.06.462 filing 24.06.450 miscellaneous fees 24.06.455 filing application for certificate of authority, foreign corporations 24.06.365 articles of dissolution 24.06.280 decree of dissolution 24.06.330 fees 24.06.450 foreign corporations admission 24.06.340 articles of incorporation, amendment 24.06.400 certificate of authority amendment 24.06.410 application contents 24.06.360 filing 24.06.365 conducting affairs without 24.06.435 effect 24.06.370 requirements 24.06.340 revocation of 24.06.425 certificate of revocation issuance, effect 24.06.430 defined 24.06.005 merger 24.06.405 name 24.06.350 change of 24.06.355 powers 24.06.345 registered agent change of 24.06.380 registered office change of 24.06.380 reinstatement, application for 24.06.433 service of process 24.06.395 withdrawal 24.06.415 application, filing 24.06.420 fraternal corporation, organization authorized 24.06.015 general powers 24.06.030 incorporators, generally 24.06.020 insolvent, defined 24.06.005 insurance companies certificate of authority, filing 24.06.367, 24.06.369 interrogatories by secretary of state confidential 24.06.475, 24.06.480 involuntary dissolution decree of involuntary dissolution 24.06.325 grounds and procedure 24.06.305 venue and process 24.06.295 labor organization corporation, organization authorized 24.06.015 liability, immunity 24.06.035 liquidation discontinuance 24.06.320 filing of claims 24.06.315 jurisdiction of court 24.06.300 procedure 24.06.305 receivers, qualification and bond 24.06.310 loans to directors and officers 24.06.165 locally regulated utilities 24.06.600 meetings annual, members and shareholders 24.06.100 class voting, permitted 24.06.120 members or directors, action without a meeting 24.06.510 notice 24.06.105 organization meeting 24.06.180 quorum 24.06.115 time and place 24.06.100 members certificates of 24.06.070 classes 24.06.065 defined 24.06.005 meetings, action without a meeting 24.06.510 notice, waiver 24.06.505 termination 24.06.070 voting, sale, lease, exchange or mortgage of assets 24.06.240 merger approval 24.06.220 articles of merger 24.06.225 dissenting members limitation on payment 24.06.255 rights, liabilities 24.06.250 members’ right to dissent 24.06.245 procedure 24.06.210 miscellaneous corporation, defined 24.06.005 mutual corporation defined 24.06.005 organization authorized 24.06.015 name 24.06.045 foreign corporation change of 24.06.355 deceptive or similar to domestic corporation prohibited 24.06.045 foreign corporations 24.06.350 infringing or deceptively similar, prohibited 24.06.045 misleading, prohibited 24.06.045 registration renewal of 24.06.048 registration of corporate name 24.06.047 (2008 Ed.) CORPORATIONS reservation 24.06.046 notice to existing corporations 24.06.915 officers enumerated 24.06.155 loans to, regulations 24.06.165 penalties directors and officers 24.06.470 upon corporations 24.06.465 powers additional rights and powers 24.06.032 bylaws, make and alter 24.06.030 contracts, power to make 24.06.030 dissolution 24.06.030 elect or appoint officers 24.06.030 indemnification of officer or director for defense of lawsuit 24.06.030 lend money 24.06.030 to employees 24.06.030 necessary powers 24.06.030 property, powers related to 24.06.030 seal 24.06.030 sue and be sued 24.06.030 unauthorized assumption 24.06.515 profit making activity, prohibited 24.06.035 property, sale, lease, exchange or mortgage 24.06.240 purposes permitted 24.06.015 quorum 24.06.115 receivers, qualification and bond 24.06.310 registered agent change of 24.06.055 filed with secretary of state 24.06.050 foreign corporations change of 24.06.055 filed with secretary of state 24.06.050 required 24.06.050 required 24.06.050 registered office change of 24.06.055 filed with secretary of state 24.06.050 foreign corporations change of 24.06.055 filed with secretary of state 24.06.050 required 24.06.050 post office box insufficient 24.06.050 required 24.06.050 reinstatement and renewal of existence 24.06.520 reorganization of other corporations 24.06.525 restated articles of incorporation 24.06.207 secretary of state appeal from 24.06.490 interrogatories, confidential 24.06.475, 24.06.480 notice to existing corporations 24.06.915 powers and duties 24.06.485 service corporation, organization authorized 24.06.015 service of process foreign corporations, failure to maintain agent, service on secretary of state 24.06.060 generally 24.06.060 how process served 24.06.060 mail, when 24.06.060 nonresidents, foreign corporations 24.06.060 registered agent 24.06.060 secretary of state, when 24.06.060 shareholder defined 24.06.005 shares acquisition and disposal of own shares permitted 24.06.070 articles of incorporation, statement of value of nonpar stock 24.06.075 authorized, classes 24.06.070 certificates of stock contents 24.06.080 full payment of shares required before issuance 24.06.080 issuance 24.06.080 consideration 24.06.070 (2008 Ed.) defined 24.06.005, 24.06.070 dividends 24.06.070 financing of sale of 24.06.070 liability of shareholders, subscribers, assignees, executors, trustees, etc. 24.06.085 numbers of, defined 24.06.070 payment full payment required before certificate of stock issued 24.06.080 how 24.06.070 shares subscribed to before incorporation 24.06.070 valuation 24.06.075 preferred or special, issuance of 24.06.080 shareholder’s preemptive rights to unissued shares 24.06.090 subscription before incorporation 24.06.070 social corporation, organization authorized 24.06.015 stock, defined 24.06.005 stockholder, defined 24.06.005 survival of remedy 24.06.335 ultra vires, defense of 24.06.040 voluntary dissolution articles of dissolution contents 24.06.275 filing 24.06.280 procedure 24.06.260 revocation 24.06.270 voting 24.06.110 greater voting requirements 24.06.500 sale, lease, exchange or mortgage of assets 24.06.240 waiver of notice 24.06.505 Nonstock, See CORPORATIONS, subtitle Nonprofit corporations Not for profit corporation, defined 24.03.005 Notice authorized forms of notice under title 23B.01.410 common address, definition, shareholder consent 23B.01.420 Officers appointment 23B.08.400 contract rights 23B.08.440 duties 23B.08.400, 23B.08.410 indemnification definitions 23B.08.500 validity of indemnification or advance of expenses 23B.08.590 indemnification of officers, employees, and agents 23B.08.570 liability insurance, corporation may maintain on behalf of 23B.08.580 loans to, prohibited, exception nonprofit corporations 24.03.140 nonprofit corporations, enumerated 24.03.125 nonprofit miscellaneous and mutual corporations 24.06.155 penalties, nonprofit corporations 24.03.425 removal 23B.08.430 nonprofit corporations 24.03.130 resignation 23B.08.430 standards of conduct, generally 23B.08.420 unemployment compensation, exemption, employer’s discretion 50.04.165 Offices change of registered office nonprofit corporations 24.03.055 registered office change by nonprofit corporations of 24.03.055 change of 23B.05.020, 23B.15.080 nonprofit corporations, necessity for 24.03.050 requirements 23B.05.010, 23B.15.070 Organization nonprofit miscellaneous and mutual corporations 24.06.180 Organization, See also CORPORATIONS, subtitle Formation Organization of corporation, requirements 23B.02.050 Patriotic corporations, nonprofit corporations, authorized 24.03.015 Penalties directors and officers nonprofit corporations imposed upon corporation 24.03.420 directors and officers nonprofit corporations 24.03.425 nonprofit miscellaneous and mutual corporations 24.06.470 nonprofit miscellaneous and mutual corporations 24.06.465 Political corporations, nonprofit corporations, authorized 24.03.015 Powers emergency powers 23B.03.030 general powers 23B.03.020 nonprofit corporations 24.03.035 not to be granted by special legislation Const. Art. 2 § 28 ultra vires, when corporate action may be challenged as 23B.03.040 unauthorized assumption, nonprofit corporations 24.03.470 Preemptive rights of shareholders 23B.06.300 Preincorporation transactions, liability for 23B.02.040 Privileges, equality Const. Art. 1 § 12 Product liability actions Ch. 7.72 Professional associations, nonprofit corporations, authorized 24.03.015 Professional service corporations application of other law 18.100.140 application of uniform business corporation act and nonprofit corporation act 18.100.130 authorized 18.100.050 business corporations may conform with chapter 18.100.133 change in form of corporate organization 18.100.134 definitions 18.100.030 discrimination prohibited 18.100.145 dissolution, grounds 18.100.100 eligibility to serve as directors, officers, or shareholders 18.100.118 exemptions from application of chapter 18.100.040 foreign corporations rendering services in state, qualifications 18.100.160 illegal, unethical, or unauthorized conduct 18.100.140 interstate activities 18.100.060 liability 18.100.070 limitations 18.100.060 merger or consolidation 18.100.114 name use 18.100.120 nonprofit corporations formed under prior law 18.100.132 officers and directors 18.100.065 powers and duties 18.100.120 prohibited activities 18.100.080 qualification of officers, shareholders, or employees to render service 18.100.100 sale or transfer of shares 18.100.110 share voting agreements 18.100.095 shares, treatment upon death or transfer by law 18.100.116 stock issuance 18.100.090 Property sale, lease, exchange, or other disposition, nonprofit corporations 24.03.215 Property appropriation by eminent domain authorized Const. Art. 12 § 10 certificate of acknowledgment 64.08.070 fraudulent conveyance or encumbrance 9.24.020 powers as to 24.36.350 Prospectus or report, falsity in penalty 9.24.050 [RCW Index—page 157] CORPORATIONS Proxies 23B.07.220 Public, See MUNICIPAL CORPORATIONS Public benefit nonprofit corporation defined 24.03.005 Public benefit nonprofit corporations application for status as 24.03.510 designation established 24.03.490 removal of designation 24.03.540 renewal fees 24.03.530 renewal of designation 24.03.520 temporary designation as 24.03.500 Public benefit not for profit corporation defined 24.03.005 Public service companies license fees, deduction for fees paid to utilities and transportation commission 23B.01.590 Purposes 23B.03.010 Quo warranto proceedings costs 7.56.100, 7.56.110 dissolution of corporations 7.56.100, 7.56.110 judgments of ouster or forfeiture against 7.56.100 persons who may file informations concerning corporations 7.56.020 receivership 7.56.110 restraining of corporations 7.56.110 subject to information, when 7.56.010 Quorum, directors, nonprofit corporations 24.03.110 Real or personal property, certificate of acknowledgment, form of 64.08.070 fraudulent conveyance or encumbrance, penalty 9.24.020 powers as to 24.36.350 Receivers service of process and papers upon 4.28.080 Record date, determination 23B.07.070 Recordings, See CORPORATIONS, subtitle Filings Records correction of filed record 23B.01.240 effective time and date of documents filed with secretary of state 23B.01.230 evidentiary effect of copy of filed record 23B.01.270 filing requirements, form and contents 23B.01.200 inspection by shareholders 23B.16.020 court-ordered inspection 23B.16.040 scope of right to inspect 23B.16.030 nonprofit corporations 24.03.135 refusal by secretary of state to file, judicial review 23B.01.260 required records 23B.16.010 Registered agent change of 23B.15.080 foreign corporation, nonprofit miscellaneous and mutual corporations 24.06.380 foreign corporation change of nonprofit corporations 24.03.345 nonprofit miscellaneous and mutual corporations service of process and papers 24.06.390 required, nonprofit corporations 24.03.340 foreign corporations nonprofit miscellaneous and mutual corporations 24.06.375 necessity for nonprofit corporations 24.03.050 nonprofit corporations consent of agent 24.03.050 notice to file registered agent to comply with 1969 requirements 24.03.915 requirements 23B.15.070 resignation, foreign corporation, nonprofit miscellaneous and mutual corporations 24.06.385 resignation of 23B.15.090 Registered agent, agent for service of process 23B.05.040, 23B.15.100 Registered agent, change of 23B.05.020 Registered agent, requirements 23B.05.010 [RCW Index—page 158] Registered agent, resignation of 23B.05.030 Registered name 23B.04.030 Registered office change of 23B.05.020, 23B.15.080 foreign corporation, change of nonprofit corporations 24.03.345 necessity for nonprofit corporations 24.03.050 required, nonprofit corporations 24.03.340 nonprofit corporations, authorized 24.03.015 requirements 23B.05.010, 23B.15.070 Registration of land titles, manner of application 65.12.005 name 24.03.047 renewal of 24.03.048 Reinstatement license fees 23B.01.560 Religious corporations authority to incorporate 24.12.010 corporation name not distinguishable from name of governmental entity, procedures 24.12.060 corporation sole Ch. 24.12 existing corporation sole 24.12.040 filings, articles of incorporation 24.12.030 powers 24.12.020 property held in trust 24.12.030 Reorganization articles of incorporation, amendment pursuant to 23B.10.080 Reserved name 23B.04.020 Restrictions on issuance of stock Const. Art. 12 § 6 Revenue, department of voluntary dissolution notice of 24.03.220 Right and liability to sue and be sued Const. Art. 12 § 5 Right-of-way appropriation, compensation Const. Art. 1 § 16 Savings and loan associations articles of incorporation 33.08.030 controlled, examination by director of financial institutions 33.04.020 Savings and loan associations, See also SAVINGS AND LOAN ASSOCIATIONS Savings clause nonprofit corporation act 24.03.905 School districts as 28A.320.010 Scientific organizations nonprofit corporations, authorized 24.03.015 Seal absence from instrument, effect 64.04.105 Secretary of state administrative dissolution notice 24.03.302 agent for service of process in absence of registered agent 23B.05.040, 23B.15.100 annual report nonprofit miscellaneous and mutual corporations 24.06.440, 24.06.445 appeal from nonprofit corporations 24.03.445 biennial report nonprofit miscellaneous and mutual corporations authority to establish in place of annual report 24.06.440 filing requirements 24.06.445 certificate of authority revocation notice nonprofit miscellaneous and mutual corporations 24.06.425 certificate of revocation filing of nonprofit miscellaneous and mutual corporations 24.06.430 foreign corporations nonprofit corporations 24.03.385 delinquency notice 24.03.302 fees, See also CORPORATIONS, subtitle Fees filing, service, and copying fees, establishment and collection 23B.01.220 filing duties 23B.01.250 filings, See CORPORATIONS, subtitle Filings interrogatories nonprofit miscellaneous and mutual corporations confidential 24.06.480 interrogatories of confidential nature, nonprofit corporations 24.03.435 nonprofit miscellaneous and mutual corporations confidential 24.06.475 miscellaneous charges nonprofit corporations exemptions 24.03.430 nonprofit miscellaneous and mutual corporations Ch. 24.06 notice agent resignation nonprofit corporation 24.03.055 change of registered office or registered agent of foreign nonprofit corporation 24.03.345 compliance with 1969 requirements 24.03.915 revocation of certificate of authority nonprofit corporations 24.03.380 service of process on nonprofit corporations 24.03.060 power and authority of nonprofit corporations 24.03.440 powers, rule making authority 23B.01.300 refusal to file record, judicial review 23B.01.260 service of process on secretary of state nonprofit miscellaneous and mutual corporations, foreign 24.06.395 service on nonprofit corporations 24.03.350 services provided agencies may contract for 43.07.035 Service of process and papers alcoholic beverage prosecutions 66.44.080 criminal actions 10.01.070 domestic corporation without officer in state 4.28.090 Massachusetts trusts 23.90.040 nonprofit corporations 24.03.060 nonprofit miscellaneous and mutual corporations 24.06.390 foreign 24.06.395 personal service 4.28.080 resident agent, agent for service of process 23B.05.040, 23B.15.100 secretary of state agent in absence of registered agent 23B.15.100 agent in absence of resident agent 23B.05.040 when 4.28.100 Service of summons on, personal service 4.28.080 Service on foreign corporations nonprofit corporations 24.03.350 registered agent nonprofit corporations 24.03.350 Share certificates, form and content 23B.06.250 Share certificates, issuance of shares without certificates 23B.06.260 Share dividends 23B.06.230 Share exchange exchange plan, separate voting group 23B.11.035 Share exchanges articles of share exchange, filing with secretary of state, required information 23B.11.050 domestic corporation and foreign corporation 23B.11.070 effect on acquired corporation 23B.11.060 (2008 Ed.) CORPORATIONS exchange plan, approval procedure 23B.11.030 requirements, generally 23B.11.020 Share options 23B.06.240 Shareholders action without meeting or vote, approval by all shareholders entitled to vote 23B.07.040 agreements among 23B.07.320 articles of incorporation, amendment by board of directors and shareholders 23B.10.030 bylaws, amendment by 23B.10.200 conflict of interest approval of director’s transaction, requirements 23B.08.730 derivative proceedings, procedure 23B.07.400 dissenting after-acquired shares 23B.13.270 court action, when demand for payment remains unsettled 23B.13.300 court costs and counsel fees 23B.13.310 definitions 23B.13.010 dissatisfaction with payment or offer, procedure 23B.13.280 dissenters’ rights 23B.13.220 failure of corporation to take action, effect 23B.13.260 nominees and beneficial owners 23B.13.030 notice of dissenters’ rights 23B.13.200 payment 23B.13.250 payment, demand for, court action when demand remains unsettled 23B.13.300 court costs and counsel fees 23B.13.310 payment, duty to demand 23B.13.230 payment, notice of intent to demand 23B.13.210 right to dissent 23B.13.020 shares, restriction on transfer of uncertificated shares 23B.13.240 distributions to, authorization and limitations 23B.06.400 increase, consent and notice necessary Const. Art. 12 § 6 indemnification and advance of expenses for directors, shareholder authorization 23B.08.560 indemnification of director, report to shareholders 23B.08.600 inspection of corporate records 23B.16.020 court-ordered inspection 23B.16.040 scope of right to inspect 23B.16.030 joinder as parties defendant in actions against corporation Const. Art. 12 § 4 corporate debts Const. Art. 12 § 4 ordinary liability Const. Art. 12 § 4 liability to corporation and creditors 23B.06.220 meetings annual meeting 23B.07.010 court-ordered meetings 23B.07.030 inspectors to act to 23B.07.035 notice of annual and special meetings 23B.07.050 waiver of notice 23B.07.060 participation by means of communication equipment 23B.07.080 proxy voting 23B.07.220 shareholders’ list 23B.07.200 special meetings 23B.07.020 voting entitlement of shares 23B.07.210 preemptive rights 23B.06.300 record date, determination 23B.07.070 removal of directors 23B.08.080 voting, corporation’s acceptance of votes 23B.07.240 Shareholders’ list 23B.07.200 Shares adequacy of consideration, determination 23B.06.210 attachment, procedure 6.17.160 authorized shares 23B.06.010 beneficial owner, recognition as shareholder of nominee held shares 23B.07.230 certificates, form and content 23B.06.250 (2008 Ed.) certificates of stock garnishment, See CORPORATIONS, subtitle Garnishment classes and series of shares, preferences, limitations, and rights 23B.06.020 corporation’s acquisition of its own shares 23B.06.310 counties, cities, etc., not to own Const. Art. 8 §7 dissenting shareholders restriction on transfer of uncertificated shares 23B.13.240 dividends, issuance of shares as 23B.06.230 expenses of issuing, payment from consideration received 23B.06.280 fictitious increase void Const. Art. 12 § 6 forgery in stock subscription, penalty 9.24.010 fractional shares 23B.06.040 fraudulent issuance or conveyance of, penalty 9.24.020 consent and notice necessary for increase Const. Art. 12 § 6 issuance 23B.06.210 expenses, payment from consideration received 23B.06.280 issuance, restrictions on Const. Art. 12 § 6 issuance without certificates 23B.06.260 issued and outstanding shares 23B.06.030 joint issuance or transfer, presumption of joint tenancy 11.02.110 nominee held shares, recognition of beneficial owner as shareholder 23B.07.230 nonprofit corporations, prohibited 24.03.030 nonprofit miscellaneous and mutual corporations 24.06.070, 24.06.075, 24.06.080, 24.06.085 options, rights, and warrants for purchase of shares 23B.06.240 reacquisition, redemption, or conversion of outstanding shares, limitations 23B.06.030 redeemable shares 23B.06.030 restrictions on issuance Const. Art. 12 § 6 state not to subscribe to or own Const. Art. 12 §9 subscription for shares prior to incorporation 23B.06.200 transfer of shares, restriction on 23B.06.270 transfer to surviving spouse or domestic partner, requirements, corporate liability 11.02.120 transfers, dividends, and proxies rights of named owner 11.02.100 uncertificated shares dissenting shareholders, restriction on transfer of shares 23B.13.240 Short title 23B.01.010 Social corporations, nonprofit corporations, authorized 24.03.015 Special meetings 23B.07.020 State not to subscribe to or own stock of Const. Art. 12 § 9 Stock, See CORPORATIONS, subtitle Shares Stock associations business corporation act, associations subject to 33.48.025 Stock savings banks, incorporation and operation Ch. 32.35 Stockholders liability in banking, insurance, joint stock companies Const. Art. 12 § 11 parties defendant, may be joined as Const. Art. 12 § 4 Subscription for shares prior to incorporation 23B.06.200 Supplemental proceedings appearance, compelled, how 6.32.190 attendance required 6.32.050 examination of compelled, how 6.32.190 as third party 6.32.030 oath 6.32.050 service on 6.32.130 Taxation property, method of taxation Const. Art. 7 § 1 Telephone and telegraph lines, organization to construct Const. Art. 12 § 19 Term "corporation" includes associations and joint stock companies Const. Art. 12 § 5 Trade associations, nonprofit corporations, authorized 24.03.015 Trade names, registration required 19.80.010 Trademarks and labels, counterfeiting 9.16.030 Trust companies corporations authorized to acquire stock of 30.04.230 stock certificates not required 30.08.081 Trust companies, See also TRUST COMPANIES Trust funds, investment, eligible and ineligible securities Ch. 11.100 Trustees change in form of corporate trustees 11.98.065 powers as to conducting corporate business 11.98.070 Ultra vires when corporate action may be challenged as 23B.03.040 Ultra vires, defense of nonprofit corporations 24.03.040 Unclaimed property stocks and shares 63.29.100 Unfair business practices dissolution or forfeiture of franchise 19.86.150 divestiture of stock or assets 19.86.060 stock acquisition in other corporations to create monopoly 19.86.060 Vacancies, directors, nonprofit corporations 24.03.105 Venue actions against corporations 4.12.025 residence for purposes of 4.12.025 Voluntary dissolution articles of dissolution contents, nonprofit corporations 24.03.240 filing nonprofit corporations 24.03.245 procedure, nonprofit corporations 24.03.220 revocation nonprofit corporations 24.03.235 Voting acceptance of votes 23B.07.240 action by single or multiple voting groups 23B.07.260 articles of incorporation amendments, voting by voting groups, when authorized 23B.10.040 cumulative voting, election of directors 23B.07.280 majority required for approval 23B.07.250 articles of incorporation may provide for greater or lesser requirements, limitations 23B.07.270 members of nonprofit corporation, right 24.03.085 nonprofit corporations, sale, lease, exchange, or other disposition of assets 24.03.215 proxy nonprofit corporations 24.03.085 proxy voting 23B.07.220 quorum requirements 23B.07.250 articles of incorporation may provide for greater or lesser requirements, limitations 23B.07.270 bylaws, increased voting requirements, amendment or repeal 23B.10.210 requirements, greater voting requirements, nonprofit corporations 24.03.455 voting agreements 23B.07.310 voting entitlement of shares 23B.07.210 voting requirements for directors bylaws, increased voting requirements, amendment or repeal 23B.10.210 voting trusts 23B.07.300 [RCW Index—page 159] CORPSES Voting agreements 23B.07.310 Voting entitlement of shares 23B.07.210 Voting trusts 23B.07.300 Washington nonprofit corporation act, short title 24.03.900 Withdrawal revenue clearance nonprofit miscellaneous and mutual corporations, foreign 24.06.415 CORPSES (See HUMAN REMAINS) CORRECTIONAL FACILITIES (See also CORRECTIONS, DEPARTMENT OF; STATE INSTITUTIONS) Acknowledgments and oaths, administration by superintendents and officers 64.08.090 Administration Ch. 72.01 AIDS liberty interest not created 70.24.430 testing 70.24.370 Alien offender camp 72.09.560 Aliens committed to department of corrections conditional release for deportation 9.94A.685 Aliens committed to penitentiary, duty to notify immigration authorities 10.70.140 Associate superintendents 72.02.055 Case forecast council, organization and duties Ch. 43.88C Chaplain, right to employ Const. Art. 1 § 11 Classification of inmates prosecuting attorney’s statement 9.95.028 Community placement community transition coordination networks Ch. 72.78 Construction and repair contracts alternative method to remain in force until completed 39.04.230 findings 39.04.210 general contractor/construction manager method for awarding 39.04.220 Contraband possession prohibited, posting of notice 9.94.047 prohibition on receipt or possession 72.09.530 Contraband, introduction into detention facility first degree 9A.76.140 second degree 9A.76.150 third degree 9A.76.160 Correctional training standards and education, board on 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340 County prisoners, See also JAILS Court powers 72.02.015 Custodial sexual misconduct 9A.44.160, 9A.44.170, 9A.44.180 Death penalty single-person cells 10.95.170 witnesses of execution, procedure 10.95.185 Definitions 9.94.049 Detainers Ch. 9.100 Disarming a law enforcement or corrections officer, definition and elements 9A.76.023, 9A.76.025, 9A.76.027 Disturbances contingency plans, development 72.02.150 outside law enforcement, utilization 72.02.160 Drugs or controlled substances possession by a person not a prisoner, penalty 9.94.045 possession by prisoner, penalty 9.94.041 Echo Glen correctional institution Ch. 72.19 Education and work programs inmate participation requirements and standards 72.09.460 post-secondary degrees 72.09.465 Educational facilities and employment of teachers 72.01.200 Employees peace officers, powers and duties of 9.94.050 sexual misconduct by custodial agency employees 72.09.225, 72.09.630 [RCW Index—page 160] training education at approved existing institutions 43.101.170 priorities 43.101.180 Escape extradition 10.34.030 limitation of action against sheriff or officers 4.16.110 pursuit and retaking authorized 10.34.020 recapture of prisoner, term 9.31.090 Family visitation, policy on extended visitation 72.09.490 Female inmates, separate quarters 35.66.050 Firearms, See CORRECTIONAL FACILITIES, subtitle Weapons Furloughs for prisoners application, contents 72.66.022 application proceeding 72.66.044 definitions 72.66.010 duration of furlough, extension 72.66.036 emergency, waiver of certain requirements 72.66.042 granting 72.66.012, 72.66.018 identification card 72.66.032 ineligibility, grounds 72.66.014 infractions 72.66.038 order, contents 72.66.028 personality and conduct examination 72.66.034 revocation or modification, reapplication 72.66.050 rules and regulations 72.66.080 sponsor 72.66.024 terms and conditions 72.66.026 time served requirement, minimum 72.66.016 transportation and clothing 72.66.070 violations, arrest warrants authorized 72.66.090 Green Hill School Ch. 72.16 Health care services for inmates contracts for services 72.10.030 definitions 72.10.010 health care reform act, plan 41.05.280 health services delivery plan 72.10.020 legislative intent 72.10.005 rule making authority 72.10.040, 72.10.050 Hostages, holding person as penalty 9.94.030 Inmates abuse victim convicted of murder of abuser reduction in sentence, notice 72.02.270 assistance for parolees, work/training release, and discharged prisoners 9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360, 9.95.370 child support collection actions 72.09.480 civil rights, restoration Ch. 9.96 commitment to reception centers for classification 72.02.210, 72.02.220, 72.02.230 community custody 72.09.600, 72.09.610 community safety, risk assessment 72.09.590 community transition coordination networks Ch. 72.78 conversations interception, recording, and divulging 9.73.095 detainers Ch. 9.100 detention of federal prisoners contracts 72.68.080, 72.68.090, 72.68.100 detention of felons contracts 72.68.040, 72.68.050, 72.68.060, 72.68.070 detention of female prisoners contracts 72.68.075 escorted leaves of absence definitions 72.01.365 grounds 72.01.370 law enforcement notification 72.01.375 restrictions, costs 72.01.380 extraordinary medical placement 72.09.620 funds subject to deductions, exceptions 72.09.480 gang involvement, intervention programs 72.09.670 health care services Ch. 72.10 incarcerated parents, policies 72.09.495 industrial insurance, benefits cancelled 51.32.040 labor and employment Ch. 72.64 legal financial obligations Ch. 72.11 legal financial obligations, See SENTENCES, subtitle Legal financial obligations letters written by, withholding 72.02.260 mental illness, See MENTAL ILLNESS, subtitle Offenders name change 4.24.130 name change, limitation on use, penalty 72.09.540 parents advisory committee, children and families with incarcerated parents 43.63A.068 personal property, See CORRECTIONAL FACILITIES, subtitle Personal property, inmates placement 72.02.240 protection of law, redress for injury 9.92.110 records and reports, access 72.09.580 recreational equipment and dietary supplements to increase muscle mass, purchase limitations 72.09.510 release earnings, clothing, transportation 72.02.100 subsistence payments 72.02.100 weekly payments, conditions 72.02.110 television, purchase 72.09.520 transfer and transportation authority 72.68.010, 72.68.020 definitions 72.68.001 mental illness 72.68.032, 72.68.035, 72.68.037 transitional housing assistance 43.185C.200 untried indictments, informations, or complaints, disposition provided 9.98.010, 9.98.020, 9.98.030, 9.98.040 voting, disqualification Const. Art. 6 § 3 weight lifting, prohibitions 72.09.500 witness, procedure for testimony 5.56.090 women, placement 72.02.250 Institutional impact, local costs reimbursement Ch. 72.72 Interstate compact for adult offender supervision 9.94A.745, 9.94A.74501, 9.94A.74502, 9.94A.74503, 9.94A.74504 Intrastate corrections compact fiscal management 72.76.040 offender days, costs and accounting 72.76.020 participant contracts 72.76.030 provisions 72.76.010 Jails, See JAILS Juvenile facilities Echo Glen Ch. 72.19 Green Hill School Ch. 72.16 Maple Lane school Ch. 72.20 Juveniles education programs for juveniles in adult facilities Ch. 28A.193 educational programs for residents Ch. 28A.190 felony convictions, placement 72.01.410 holding facilities, juveniles not to be confined in adult facilities 13.04.116 security guidelines, report 13.40.030 Labor and employment for prisoners interstate forest fire suppression compact 72.64.150, 72.64.160 Labor and employment of prisoners authorized 72.64.010 cities and towns 35.30.010 crediting of earnings, payment 72.64.040 definitions 72.64.001 industrial insurance 72.64.065, 72.64.070, 72.64.080, 72.64.090 labor camps 72.64.060 prisoners required to work 72.64.030 provisions Const. Art. 2 § 29 (2008 Ed.) CORRECTIONS, DEPARTMENT OF regional jail camps 72.64.100 required 9.95.090 rules and regulations 72.64.020 work camps 72.64.050 work programs products, purchase for state agencies 43.19.535 Legal financial obligations, offender’s responsibility cost of supervision fund 72.11.040 deductions from inmate accounts, priority 72.11.030 definitions 72.11.010 inmate funds, custodianship and disbursement by secretary 72.11.020 Maple Lane school Ch. 72.20 Medical facilities adverse health events and incident reporting system Ch. 70.56 Mental illness, See MENTAL ILLNESS, subtitle Offenders Motion pictures, restrictions 72.02.280 Narcotic drugs possession by a person not a prisoner, penalty 9.94.045 Nonprofit organizations, agreement with to provide services 72.01.480 Notice of escape, furlough, parole, release, placement requirements 72.09.710, 72.09.712, 72.09.714, 72.09.716, 72.09.718, 72.09.720 Officers and guards, interference with duties, penalty 9.94.030 Overcrowded facilities, emergency release legislature approval required 9.94A.870 sentencing guideline commission duties 9.94A.870 Peace officers removal of unauthorized persons 72.09.650 Permits for facilities certain conditional or special use permits, mediation prior to appeal 35.22.685, 35.63.260, 35A.63.280, 36.32.525, 36.70.678 Persistent prison misbehavior, penalty 9.94.070 Personal property, inmates deceased, disposition 11.08.101, 11.08.120 illegal items dispositions 63.42.030 unclaimed definitions 63.42.020 disposition of 63.42.040 inapplicable law 63.42.060 presumptions 63.42.030 prior agreement, application 63.42.050 procedure 63.42.030 Placement of offender determination 70.48.400 Prison industries site-specific implementation plan incentive program 72.60.235 Prison work programs fish and game projects establishment 72.63.020 funding 72.63.040 procedures 72.63.030 Privileges inmate contributions for cost, standards 72.09.470 Probation and parole, See PROBATION AND PAROLE Reception and classification centers 72.02.200 Reimbursement rates for county use of state facilities 9.94A.190 Riot defined, penalty 9.94.010 Secretary of corrections, authority 72.02.040 Services and supplies, limitation on denial of access to, recoupment of assessments 72.09.450 Sexual misconduct by employees of custodial agencies 72.09.225 Sexual offenders (2008 Ed.) end-of-sentence review committee 72.09.345 registration of notice to person convicted of sex offense at release 72.09.330 release from confinement notice to prosecuting attorney 9.94A.840 release plan and considerations 72.09.340 Superintendent authority 72.02.045 duties 9.95.020 superintendent authority 72.02.055 Transition facilities Ch. 71.09 Vehicle license plates obtained from 46.16.230 Vocational education defined 72.62.020 Vocational education programs sale of products 72.62.030, 72.62.040 trade advisory and apprenticeship committees 72.62.050 Weapons delivery to prisoners prohibited 9.41.080 possession by person not a prisoner 9.94.043 possession by prisoner, penalty 9.94.040 possession prohibited in, exceptions 9.41.300 provision to person in detention 9A.76.140 Western interstate corrections compact Ch. 72.70 Women, placement 72.02.250 Work and education programs inmate participation requirements and standards 72.09.460 Work crew participation program requirements 9.94A.725 Work ethic camp program eligibility 9.94A.690 Work release program application for participation 72.65.030, 72.65.040 authorization to participate required 72.65.200 authorized 72.65.020 definitions 72.65.010 earnings, deposit of 72.65.110 earnings, disposition of 72.65.050 earnings, exemption from legal process 72.65.060 facility siting process 72.65.220 housing contracts 72.65.080 indeterminate sentence review board 72.65.130 secretary’s powers and duties 72.65.100 standards and review 72.65.210 status of participants 72.65.120 transportation and necessities provided 72.65.090 CORRECTIONAL INDUSTRIES (See CORRECTIONS, DEPARTMENT OF, subtitle Correctional industries) CORRECTIONS, DEPARTMENT OF Abuse of child, department reporting requirements 26.44.030 Adult correctional programs administration Ch. 72.02 Alcohol and drugs, treatment additional placements 72.09.660 Alien offender camp 72.09.560 Aliens committed to department conditional release for deportation 9.94A.685 Assault, custodial 9A.36.041, 9A.36.100 Assaults on staff reimbursement 72.09.240 Branch offices 43.17.050 Capital improvements, 1984 bond issue 43.83.198 Character-building residential services in prisons 72.09.800 Chemical dependency and mental disorders, screening and assessment Ch. 70.96C Civil service exempt positions 41.06.071 Collateral attacks on judgments and sentences one year limit duty to notify defendant of 10.73.120 Communicable disease prevention guidelines 72.09.251 Community custody violations 72.09.310, 72.09.311 Community placement community justice centers 72.09.280 correctional facility siting list 72.09.290 individual reentry plan 72.09.270 limited liability 72.09.320 Community restitution by offenders workers’ compensation and liability insurance coverage 35.21.209, 35A.21.220, 36.16.139, 51.12.045 Community restitution litter cleanup programs 72.09.260 Community transition coordination networks account 72.78.060 definitions 72.78.010 findings 72.78.005 funding 72.78.050, 72.78.070 inventory of services and resources by counties 72.78.020 pilot program 72.78.030, 72.78.040 Contracts for incarceration unaffected by financial responsibility law 70.48.460 Correction system establishment, legislative intent 72.09.010 Correctional employees, powers and duties of peace officers 9.94.050 Correctional facilities administration Ch. 72.01 Correctional industries classes of work programs 72.09.100 public purchasing requirements, exemption from 43.19.1932 Correctional industries account operations, profits 72.09.090 profits, appropriations 72.09.090 Correctional industries division board of directors appointment, compensation, staff support 72.09.080 duties 72.09.070 funding 72.09.090 goods and services 72.60.220 industrial insurance 72.60.102 inmates civil rights 72.60.100 workers compensation coverage 72.60.100 site-specific implementation plan incentive program 72.60.235 Correctional industries goods and services, purchasing provision exemption 43.19.1932 Correctional industries program goods and services 72.60.160 inmates employment according to needs of state 72.60.110 Corrections standards board, See CORRECTIONS STANDARDS BOARD County use of state partial confinement facility reimbursement of state 9.94A.190 Created 43.17.010, 72.09.030 Crime victims’ compensation transfer of funds to department of labor and industries 72.09.095 Criminal justice forecasting 10.98.140 Criminally insane conditional release disappearance of released, committed person, notification requirements 10.77.165 supervision of released committed person by department 10.77.150 records availability 10.77.210 Custodial assault 9A.36.041, 9A.36.100 Death penalty single-person cells 10.95.170 witnesses to execution, designation by superintendent of state penitentiary, procedure 10.95.185 Definitions 72.09.015 Detainers, interstate [RCW Index—page 161] CORRECTIONS, DEPARTMENT OF administrator, state 9.100.060 appropriate court, defined 9.100.020 enforcement 9.100.030 escape, effect 9.100.040 giving over of inmate authorized 9.100.050 request for temporary custody, notice to prisoner and governor 9.100.070 text of agreement 9.100.010 transmission of copies of chapter by secretary of state 9.100.080 Division’s establishment authorized 72.09.060 Early release from confinement specialized training may be required as condition 9.94A.580 Employees assault by offender, reimbursement 72.09.240 civil service exemptions 41.06.071 Communicable disease prevention guidelines 72.09.251 sexual misconduct by custodial agency employees 72.09.225, 72.09.630 Employees’ collective bargaining rights 72.09.220 Facilities bond issues 43.83H.172 correctional facility siting list 72.09.290 Felonies tracking of felony cases duties 10.98.110 Felons financial responsibility of department of corrections 70.48.410 Felony conviction disposition forms and reports transmitted by prosecuting attorneys 10.98.090 Financial responsibility 70.48.400 felons 70.48.410 parole hold 70.48.420 reimbursement rate to be established 70.48.440 work release inmates 70.48.430 Firearms offenders under department supervision prohibited from owning or possessing 9.41.045 offenders under supervision of department prohibition on ownership and possession 9.94A.505 Forecasting, criminal justice 10.98.140 Foreign nationals or citizens transfer of convicted offenders 43.06.350 Furloughs for prisoners definitions 72.66.010 Health care purchased by state agencies alternative health care providers, agencies to identify 70.14.020 drug purchasing cost controls, evidence based prescription drug program 70.14.050 review of prospective rate setting methods 70.14.040 utilization review procedures, agencies to establish plan 70.14.030 Health care services for inmates contracts for services 72.10.030 definitions 72.10.010 health services delivery plan 72.10.020 rule making authority 72.10.040, 72.10.050 HIV test results, disclosure 70.24.105, 70.24.107 Housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 Incentive system for participation in education and work programs 72.09.130 Indeterminate sentence review board department to make records available to board 9.95.170 Inmate conversations interception, recording, and divulging, procedures and restrictions 9.73.095 Inmate health care system [RCW Index—page 162] department to develop plan to conform to health care reform act requirements 41.05.280 Inmate personal property illegal items dispositions 63.42.030 unclaimed definitions 63.42.020 disposition of 63.42.040 inapplicable law 63.42.060 presumptions 63.42.030 prior agreement, application 63.42.050 procedure 63.42.030 Inmate testifying in any judicial proceeding moneys received for directed to crime victims’ compensation account 72.09.110 Inmate work programs access of inmates to private individuals’ information 72.09.101 automated data input and retrieval system 72.09.104, 72.09.106 classes of work programs 72.09.100 cost of incarceration 72.09.111 employment goals 72.09.111 industrial insurance 72.60.102 job opportunities, distribution 72.09.120 legislative intent, requirements 72.09.460 participant benefits 72.09.100 proposed class I information, disclosure 72.09.116 threshold analysis 72.09.115 public agencies’ purchase of goods and services required, exceptions 43.19.534 purchase of products for state agencies 43.19.535 vocational education programs sale of products 72.62.030 wages cost of corrections 72.09.110 crime victims’ compensation 72.09.110 deductions 72.09.111 distribution 72.09.111 Inmates community custody 72.09.600, 72.09.610 community safety, risk assessment 72.09.590 community transition coordination networks Ch. 72.78 contraband, prohibition on receipt or possession 72.09.530 deceased, property of, disposition 11.08.101, 11.08.120, 63.42.030, 63.42.040 education and work programs 72.09.460, 72.09.465 extended family visitation policy 72.09.490 extraordinary medical placement 72.09.620 funds subject to deductions, exceptions 72.09.480 gang involvement, intervention programs 72.09.670 incarcerated parents, policies 72.09.495 name change, limitation on use, penalty 72.09.540 privileges, inmate contributions for cost, standards 72.09.470 records and reports, access 72.09.580 recreational equipment and dietary supplements to increase muscle mass, purchase limitations 72.09.510 savings, availability 72.09.111 savings, deductions 72.09.111 services and supplies, limitation or denial of access to, recoupment of assessments 72.09.450 television purchase, limitation 72.09.520 transfer, transportation, and detention contracts Ch. 72.68 weight lifting, prohibitions 72.09.500 Integrated pest management Ch. 17.15 Interstate compact for adult offender supervision 9.94A.745, 9.94A.74501, 9.94A.74502, 9.94A.74503, 9.94A.74504 Interstate corrections compact authority and terms 72.74.020 contracts for implementation 72.74.060 enforcement 72.74.040 hearings 72.74.050 inmates, receive or transfer 72.74.030 inmates released in other states, expenses 72.74.070 Intrastate corrections compact contracts with participants 72.76.030 enactment, provisions 72.76.010 fiscal management 72.76.040 offender days, costs and accounting 72.76.020 Jail industries program staff assistance provided by department 36.110.150 Jails reporting form department to develop 70.48.450 Juveniles education programs for juveniles in adult facilities Ch. 28A.193 transfer of 13.40.280, 13.40.285 Kidnapping offenders registration notice to offender at release 72.09.330 Labor and employment of prisoners Ch. 72.64 Legal financial obligations administrative procedure to set amount when court does not 9.94A.760 financial institutions community bank accounts, collection actions against 9.94A.7608 service on main or branch office authorized 9.94A.7608 notice of debt service of, contents, actions on 9.94A.7609 "obligee" defined 9.94A.7601 order to withhold and deliver duties and rights of person or entity served 9.94A.7607 exempt earnings 9.94A.761 issuance and contents 9.94A.7606 payroll deduction apportionment among obligees 9.94A.7603 employer or entity rights and responsibilities 9.94A.7604 exempt earnings 9.94A.761 maximum amount 9.94A.7603 motion to quash, modify, or terminate, grounds for relief 9.94A.7605 notice of, issuance and content 9.94A.7602 wage assignments forms and rules 9.94A.7706 rulemaking authority 9.94A.7704 Legal financial obligations, offender’s liability for cost of supervision fund 72.11.040 deductions from inmate accounts, priority 72.11.030 inmate funds, custodianship and disbursement by secretary 72.11.020 Legal services for inmates 72.09.190 Local criminal justice costs, reimbursement account 72.72.030 definitions 72.72.020 disturbances at state facilities 72.72.050, 72.72.060 rules 72.72.040 Marine vessel, etc., 1984 bond issue 43.83.198 McNeil Island ferry acquisition and capital improvements 43.83.198 Mental health services information release 72.09.585 Mental health treatment of inmates preceding confinement notification to providers at time of release 72.10.060 Mental illness, offenders with court-ordered treatment violations and notification 72.09.315 mental health center collaborative arrangement with University of Washington 72.09.350 (2008 Ed.) COST BILLS plan for postrelease treatment and support services for dangerous offenders 72.09.370, 72.09.380, 72.09.381 Notice of escape, furlough, parole, release, placement requirements 72.09.710, 72.09.712, 72.09.714, 72.09.716, 72.09.718, 72.09.720 Offender supervision assessments 9.94A.780 Offenders performing community restitution workers’ compensation and liability insurance coverage 35.21.209, 35A.21.220, 36.16.139, 51.12.045 Office maintained at state capital 43.17.050 On-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative declaration 43.81.010 Pardoned persons, supervision 9.95.260 Pardons supervision of conditionally pardoned person 9.95.260 Parole holds financial responsibility 70.48.420 Personnel training 43.101.220 Pest control integrated pest management Ch. 17.15 Prison industries site-specific implementation plan incentive program 72.60.235 Prison work programs fish and game projects establishment 72.63.020 funding 72.63.040 procedures 72.63.030 work ethic camp program generally 72.09.410 legislative intent 72.09.400 Probation and parole Ch. 72.04A community corrections officers 9.95.250 investigation by secretary of corrections 9.95.200 Real property inventory of unneeded property suitable for affordable housing 72.09.055 Records and documents fees for reproduction, shipment, and certification 72.09.057 Records release for research Ch. 42.48 Regional jail camps 72.64.100 county prisoners, contracts for confinement 72.64.110 Reimbursement rates for county use of state facilities 9.94A.190 Research release of confidential records procedure 42.48.010, 42.48.020, 42.48.030, 42.48.040, 42.48.050, 42.48.060 Review of sentence department may petition for 9.94A.585 Rules 43.17.060 Secretary adult correctional programs, duties Ch. 72.02 appointment 72.09.030 appointment of 43.17.020 chief assistant secretary 43.17.040 oath 43.17.030 powers and duties 43.17.030, 72.09.050 vacancy filling of 43.17.040 Sentences less or more than one year incarcerate in jail or state institution 70.48.400 Sexual misconduct by employees of custodial agencies 72.09.225 Sexual offenders end-of-sentence review committee 72.09.345 registration of notice to person convicted of sex offense at release 72.09.330 release from confinement (2008 Ed.) notice to prosecuting attorney 9.94A.840 release plan and considerations 72.09.340 release of information regarding departmental immunity from liability for releases 9.94A.843 scope of authority to release information 9.94A.846 Sexually violent offenders McNeil Island facility 72.09.333 rules regarding 72.09.337 supervision of 72.09.340 treatment opportunity 72.09.335 Sexually violent predators duties of department Ch. 71.09 Standards for correctional facilities to be adopted by corrections department 72.09.135 Statement of prosecuting attorney regarding convicted criminal defendant 9.95.028 Status of suspected or convicted felons prompt response to jails and law agencies 10.98.150 Supervision and monitoring of offenders powers and duties of department 9.94A.505 Tracking of felony cases department to maintain records 10.98.110 Training specialized training, department authorized to determine if inmate would benefit from participation in 9.94A.580 Transfer of employees of the department of social and health services 72.09.210 functions from department of social and health services 72.09.040 juveniles 13.40.280, 13.40.285 prisoners foreign nationals or citizens 43.06.350 property, files, appropriations from department of social and health services 72.09.200 Transition cooperation 72.09.230 Vocational education programs sale of products 72.62.040 Volunteers program development 72.09.060 Western interstate corrections compact Ch. 72.70 Work ethic camp program generally 72.09.410 legislative intent 72.09.400 Work release inmates financial responsibility 70.48.430 Work release program Ch. 72.65 CORRECTIONS REFORM ACT OF 1981 Generally Ch. 72.09 CORRUPT SOLICITATION (See BRIBERY AND GRAFTING) CORRUPTION OF BLOOD Conviction not to work Const. Art. 1 § 15 COSMETICS Adulteration, when deemed 69.04.670 Advertising, when deemed false 69.04.710 Common carriers, inspection of records 69.04.810 Condemnation 69.04.100, 69.04.150 Dangerous products, dissemination of information 69.04.840 Embargo 69.04.110, 69.04.120, 69.04.130, 69.04.140, 69.04.150 Enforcement authority 69.04.730, 69.04.800 Factories, warehouses, and vehicles, right of entry 69.04.820 Food, drug, and cosmetic act Ch. 69.04 Hearings 69.04.750, 69.04.761 Intrastate commerce in food, drugs, and cosmetics Ch. 69.04 Investigations 69.04.780, 69.04.790 Labels contents 69.04.680 false or misleading 69.04.680 readability 69.04.690 in transit for completion, exemption 69.04.700 Liquor laws, exemptions and sample analysis 66.12.070 Misbranding 69.04.680 Pharmacy, board of, powers and duties Ch. 69.04 Precursor drugs Ch. 69.43 Prohibited acts enumeration 69.04.040 injunctions 69.04.050 liability of disseminator of advertising 69.04.090 penalties 69.04.060, 69.04.070, 69.04.080 Reports, publication 69.04.830 Rule-making authority 69.04.740 In transit for completion, labeling exemption 69.04.700 Violations civil penalty 69.04.880 infractions 69.04.170 prosecution 69.04.160 COSMETOLOGISTS, BARBERS, MANICURISTS, AND ESTHETICIANS Advisory board membership, terms, and compensation 18.16.050 Appeal procedure 18.16.220 Apprenticeship program, cosmetology 18.16.280 Consumer protection act 18.16.250 Definitions 18.16.020 Disciplinary actions 18.16.200, 18.16.210 Examinations 18.16.090 Hearing 18.16.210 Instructors licenses required 18.16.060 Licenses appeal procedure 18.16.220 denial, revocation, or suspension 18.16.210 duplicates 18.16.110 expiration 18.16.170 inactive status 18.16.290 issuance 18.16.100 reciprocity with other jurisdictions 18.16.130 renewal, penalties for failure to renew 18.16.110 renewal and examination fee 18.16.260 requirements and exemptions 18.16.060, 18.16.070, 18.16.080 suspension for noncompliance with support order 18.16.240 suspension for nonpayment or default on educational loan or scholarship 18.16.230 Licensing department director, powers and duties 18.16.030 Location of practice penalty for practicing except in authorized locations 18.16.190 Placebound clients 18.16.190 Professional service corporations Ch. 18.100 Prohibited acts 18.16.200 Salon/shops complaints against, investigation 18.16.175 consumer notice, requirements 18.16.180 minimum requirements 18.16.175 Schools claims against by student 18.16.160 compliance requirements 18.16.150 licenses application and issuance 18.16.140 required to operate 18.16.060 Unemployment compensation booth renters excepted from coverage 50.04.225 Uniform regulation of business and professions act 18.16.270 Violations and penalties 18.16.210 COST BILLS Allowable items 4.84.090 Criminal proceedings approval of by court 10.46.220 certification 10.46.220 payment of 10.46.230 prosecution attorney to examine 10.46.220 witness fees, payment of 10.46.230 [RCW Index—page 163] COSTS COSTS Agreed cases 4.52.020 Appeals attorney’s fees on 4.84.080 county, against 4.84.170 damage actions five thousand dollars or less 4.84.290 district court appeals to superior court 4.84.130 payment to 4.84.130, 10.10.060 state, against 4.84.170 Assault and battery actions, limitation on recovery of by plaintiff 4.84.040 Assignee of action, costs taxable to 4.84.160 Attachment 6.25.120 assignor liability for 6.25.080 bond to cover 6.25.080 Attorneys’ fees as actions wrongly brought in superior courts 4.84.030 amount taxable as, schedule of 4.84.080 cases wherein allowed, court to fix amount 4.84.020 damage actions ten thousand dollars or less 4.84.250, 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 schedule of fees 4.84.080 Bills, See COST BILLS Confessed judgments to contain 4.60.070 County, against 4.84.170 Criminal conversation, limitation on recovery of by plaintiff 4.84.040 Criminal proceedings default in payment, enforcement, collection 10.01.180 payment, deferred, or installment 10.01.170 payment by defendants, remission 10.01.160 Defendants default in payment, enforcement, collection 10.01.180 defending separately 4.84.070 payment, remission 10.01.160 when entitled to 4.84.060 Deferred prosecution program payment of costs may be required as condition of 10.01.160 Deposit in court made and rejected by plaintiff 4.84.120 district court civil action 12.20.040 Disbursements as costs, allowable items 4.84.090 Discretion of court to allow if not allowed by statute 4.84.190 Dismissal of action for failure to give security 4.84.230 Dissenting shareholders’ action for payment, equitable assessment 23B.13.310 District court appeals to superior courts 4.84.130 payment of costs 10.10.060 criminal proceedings payment of costs 10.10.060 District judges amendment of pleading, payment of costs to adverse party 12.08.110 bond in lieu of security, recovery on 12.04.180 continuance to procure testimony, cost to party applying for 12.12.010 deposit in court made and rejected by plaintiff 12.20.040 garnishment plaintiffs, security required by 12.04.170 nonresidents, security required by 12.04.170 prevailing party entitled to 12.20.060 tender made by defendant of amount owed, effect 12.20.040 Ejectment and quieting title actions actions against tenant on failure to pay rent 7.28.250 vacation of judgment and granting of new trial 7.28.260 Execution docket procedure on cessation of lien 4.64.100 [RCW Index—page 164] Executions homesteads 6.13.200 writ of execution to include 6.17.110 Executors and administrators for or against 4.84.150 False imprisonment action limitation on recovery of by plaintiff 4.84.040 Fiduciaries for or against 4.84.150 Foreign judgment, enforcement of, uniform act 6.36.140 Indigent parties, state to pay costs and fees incident to review by supreme court or court of appeals, when 4.88.330 Infant plaintiff, against execution costs 4.84.140 liability of representative 4.84.140 Injunctions bond 7.40.080 bond covering on contempt for disobedience 7.40.170 Injunctions against obscene materials, prosecuting attorney not liable for costs 7.42.050 Interpleader, liability for costs 4.08.170 Joinder, failure to join, limitations on recovery of costs 4.84.050 Judgments or orders security for cost, judgment on 4.84.240 vacation or modification of, denial of, costs 4.72.090 Judicial sale eviction of purchaser 6.21.130 Judicial sales announcement of 6.21.090 Jury fees accounting of 4.44.110 taxable as 4.44.110 Libel and slander actions, limitation on recovery of by plaintiff 4.84.040 Liens logging, allowance for claimant 60.24.130 orchards and orchard lands, foreclosure 60.16.030 Lost or destroyed court records, replacement of 5.48.051, 5.48.070 Malicious prosecution, limitation on recovery of by plaintiff 4.84.040 Mandamus proceedings execution for 7.16.260 judgment for 7.16.260 Mandatory arbitration 7.06.060 Manufactured/mobile home landlord-tenant actions, entitlement 59.20.100 Minor plaintiff, against execution costs 4.84.140 liability of representative 4.84.140 Municipal courts 35.20.030 Ne exeat, bond covering 7.44.021 Nuisances executions on judgment for 7.48.260 voluntary abatement of prostitution, assignation or lewdness 7.48.110 Partition proceedings 7.52.480 appointment of 7.52.480 decree of distribution 7.52.220 execution is included in decree 7.52.480 Payment of conditioned to satisfaction of judgment 4.56.100 Plaintiffs, See PLAINTIFFS, subtitle Costs Platting, subdivision and dedication of land, actions to enforce 58.17.200 Postponement of trial, payment to adverse party as condition of 4.84.100 Prevailing party entitled to district court 12.20.060 exceptions where wrongly brought in superior court 4.84.030 Probate executors and administrators, costs for or against 4.84.150 partial distribution prior to settlement when brought by other than personal representative 11.72.006 Proceedings not specifically covered 4.84.190 Prohibition proceedings execution for 7.16.320 judgment for 7.16.320 Public works, See PUBLIC WORKS Quo warranto proceedings collection from corporations 7.56.110 information filed in relation of private person 7.56.130 information filed on prosecuting attorney 7.56.130 judgments of ouster or forfeiture 7.56.100 Referees, inadmissible testimony before referee, payment of cost of taking 4.48.070 Replacement of lost or destroyed court records 5.48.051, 5.48.070 Retaxation of 4.84.200 Security for costs 4.84.210 additional may be required 4.84.210 dismissal for failure to give 4.84.230 bond in lieu of separate security 4.84.220 civil actions court may require additional 4.44.470 court may set amount of security 4.44.470 dismissal of action for failure to give security 4.84.230 judgment on 4.84.240 standing bond for numerous actions 4.84.220 Seduction, limitation on recovery of by plaintiff 4.84.040 Settlement offers time period 4.84.280 Several actions against parties who could have joined, limitation on recovery of 4.84.050 Small claims court service fee, recovery of, statutory limitation 12.40.045 State against 4.84.170 Supplemental proceedings creditor, allowed to 6.32.160 debtor, allowed to 6.32.170 Tender made by defendant of amount owed 4.84.110 district court civil action 12.20.040 Traffic infractions award of costs and attorney fees prohibited, exception 46.63.151 parties’ responsibilities for 46.63.151 Trustees, for or against 4.84.150 Venue change 4.12.090 Will contests 11.24.050 Witness fees, cost bill may include 4.84.090 costs on postponement of trial 4.84.100 COTENANCY (See also JOINT TENANCY) Ejectment and quieting title actions, actions between cotenants 7.28.240 Executions of judgments against, personal property 6.17.180 Registration of land titles, issuance of title certificate to one owner 65.12.270 Safe deposit boxes, See SAFE DEPOSIT BOXES COUNSEL (See also ATTORNEYS AT LAW) Right to Const. Art. 1 § 22 Supreme court appeals by indigent party, attorney’s fees paid by state 4.88.330 COUNSELORS Advisory committee, certified counselors and hypnotherapists 18.19.220 Agency-affiliated counselors employment status, notice 18.19.210 Certification application for credentials 18.19.090 renewal of credentials 18.19.100 scope of practice 18.19.200 Chemical dependency professionals, certification Ch. 18.205 Child abuse and neglect counseling referrals availability notice 74.14B.050 (2008 Ed.) COUNTIES Confidential communications 18.19.180 Definitions 18.19.020 Disclosure of information to clients 18.19.060 Drug prescription authority not granted by chapter 18.19.190 Exemptions 18.19.040 Health department, administrative authority and duties 18.19.050 Homicide victim’s survivors counseling for immediate family members 7.68.070 Insurance benefits not mandated 18.19.010 Law enforcement peer support group counselors, privileged communications 5.60.060 Mental health counselors, marriage and family therapists, social workers advisory committee 18.225.060, 18.225.070 credentialed in another state 18.225.140 definitions 18.225.010 disclosure information 18.225.100, 18.225.105 examinations 18.225.110 health care information disclosure 70.02.180 licenses application, fee 18.225.120 associate 18.225.145 renewal 18.225.150 requirements 18.225.090 limitation of chapter 18.225.030, 18.225.160 misrepresentation 18.225.020 prior certification 18.225.130 record of proceedings 18.225.050 secretary’s authority 18.225.040 uniform disciplinary act 18.225.080 Practice of medicine and surgery, infringement not permitted by chapter 18.19.190 Public education program regarding responsibilities to clients 18.19.050 Registration application for credentials 18.19.090 credential abolished 18.19.902 credentials, limitation on new 18.19.031 hypnotherapists 18.19.035 recordkeeping 18.19.080 renewal of credentials 18.19.100 required 18.19.030 School, certification 28A.410.043 Sex offender therapists Ch. 18.155 limited liability 4.24.556 Sexual assault victims crime victims compensation, counseling costs 7.68.070 Uniform disciplinary act, application 18.19.050 COUNTERCLAIMS (See also SETOFFS) Adverse possession, counterclaims for permanent improvements and taxes paid 7.28.160, 7.28.170, 7.28.180 Dismissal barred if defendant seeks counterclaim 4.56.120 Ejectment and quieting title actions, permanent improvements and taxes paid 7.28.160, 7.28.170 by defendant 7.28.160, 7.28.180 Nonsuit, counterclaim bars motion to dismiss action by plaintiff 4.56.120 COUNTERFEITING Definitions 9.16.005 Marks 9.16.030 Penalties 9.16.035 Seizure or forfeiture of counterfeit items 9.16.041 Trademarks liability and damages, injunction 19.77.140 remedies of registrants 19.77.150 COUNTIES 911 emergency communications network, statewide enhanced system automatic location identification 38.52.505 counties, implementation and funding duties 38.52.510 AA class counties (2008 Ed.) assumption of rights, powers, functions and obligations of metropolitan municipal corporation apportionment of budgeted funds 36.56.060 appropriations, transferred 36.56.100 assets, transferred 36.56.100 books, transferred 36.56.100 budgeted funds, apportionment of 36.56.060 business, pending, or metropolitan municipal corporation continued 36.56.090 collective bargaining units or agreements 36.56.080 contracts of metropolitan municipal corporation, full force and effect 36.56.090 credits, transferred 36.56.100 debts and obligations 36.56.110 declaration of intent 36.56.040 documents, transferred 36.56.100 employees and personnel 36.56.050 existing rights, actions, proceedings, not impaired or altered 36.56.070 extent of rights, powers, functions and obligations assumed and vested in county 36.56.040 federal grants, transferred 36.56.100 files, transferred 36.56.100 funds accounts, records, transfer and adjustment of 36.56.060 funds, transferred 36.56.100 hearing 36.56.030 metropolitan council, abolition of 36.56.040 obligations and debts 36.56.110 obligations of metropolitan municipal corporation, full force and effect 36.56.090 office equipment furniture transferred 36.56.100 official acts of official or employee of metropolitan municipal corporation, validity of 36.56.090 ordinance or resolution of intention adoption of 36.56.020 hearing 36.56.020, 36.56.030 publication 36.56.020 submission to voters 36.56.040 property, real and personal, transferred 36.56.100 records, transferred 36.56.100 reports, transferred 36.56.100 rules and regulations of metropolitan municipal corporation continued 36.56.090 severability 36.56.900 surveys, transferred 36.56.100 transfer and adjustment of funds, accounts and records 36.56.060 transfer of rights, powers, functions and obligations of to county 36.56.040 county road improvement districts authority to create 36.88.010 prosecuting attorneys, private law practice prohibited, when 36.27.060 Accessory apartments incorporation of report recommendations into local government development and zoning regulations 43.63A.215 Accounts and accounting, See STATE AUDITOR, subtitle Municipal corporations accounting Actions against 4.08.120 venue 36.01.050 Actions by county in corporate name 4.08.110 venue 36.01.050 Adjustment, board of, See COUNTIES, subtitle Plans and planning Administrative programs appointive officials in charter counties coordinating agency 36.47.030 coordination agency for authority 36.47.030 association of county officials costs and expenses 36.47.040 declaration of necessity 36.47.010 elected and appointed officials, further action 36.47.050 elected officials coordinating agency 36.47.030 further action 36.47.050 joint action of officers 36.47.020 Admission tax authorization 36.38.010 Admissions tax, See COUNTIES, subtitle Taxation Adoption of certain regulations proscribed 36.32.125 Advertising, official, publishing in county paper 36.72.071 Agents of state, county roads 36.75.020 Agricultural extension work 36.50.010 Agricultural fair land, annexation to cities 35.13.010 Agricultural fairs authorization for 36.37.010 funds for 36.37.040 intercounty participation 36.37.050 lands, lease of to cities 35.13.010 lease of county land for 36.34.145 state-owned lands for 36.37.150 Northern State Hospital, lands adjacent to 36.37.160 management 36.37.040 multiple counties 36.37.050 property acquisition 36.37.020 Agricultural fairs, See also AGRICULTURAL FAIRS Agricultural fairs, youth shows, and exhibitions capital improvements and maintenance assistance 15.76.165 Air pollution advisory council 70.94.240 apportionment of costs 70.94.093 powers, generally 70.94.141 Air pollution, See also AIR POLLUTION CONTROL Air quality authority withdrawal from multicounty authority 70.94.262 Airports cooperation with department of transportation 47.68.300 general aviation airports, siting 36.70.547 Airports, See also AERONAUTICS, subtitle Airports Alcohol, motor vehicles open container law local ordinances authorized 46.61.5191 Alcohol and other drug addiction program coordinator, duties 70.96A.148, 70.96A.310 Alcoholic beverages action to abate nuisances 66.36.010 enforcement of laws 66.44.010 fines, disposition 66.44.010 licenses Ch. 67.14 local option, See ALCOHOLIC BEVERAGES, subtitle Local option music and dancing upon licensed premises, permit 66.28.080 report of seizure 66.32.090 sale, local option Ch. 66.40 state preemption 66.08.120 Alcoholic beverages liquor revolving fund distribution 66.08.200 Alcoholism and drug addiction treatment Ch. 70.96A Allotment of legislators representatives Const. Art. 22 § 2 senators Const. Art. 22 § 1 Amateur radio antennas regulation to conform with federal law 36.32.600 Ambulance service [RCW Index—page 165] COUNTIES authorized, restriction 36.01.100 emergency medical service 36.01.095 political subdivisions financial assistance to, authorized 36.32.470 Animal care and control agencies, authority and duties Ch. 16.52 Animals, prevention of cruelty to Ch. 16.52 Animals procedures when deemed abandoned Ch. 16.54 Annexation simultaneous consideration of incorporation and annexation 36.93.116 Apiary coordinated areas designation of areas within certain counties 15.60.095 Appearance of fairness doctrine Ch. 42.36 Appropriations public health 70.12.025 Aquifer protection areas creation process 36.36.020 delinquent fees, lien 36.36.045 dissolution process 36.36.050 fee revenues, use of 36.36.040 fees for withdrawal of water or sewage disposal 36.36.030 low-income persons, reduced fees 36.36.035 purpose 36.36.010 Armories acquisition of site for 38.20.030 authority 36.64.050 transient lodging 38.20.010 Assessments, See LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Counties Assessor, See COUNTY ASSESSORS Assessor’s office 36.16.030 Assets inventory by county commissioners 36.32.210 Assistance and relief federal surplus commodities, expenditures for 36.39.040 indigent persons, disposal of remains 36.39.030 Assistance and relief, See also PUBLIC ASSISTANCE Auctioneers, license requirements 36.71.070, 36.71.080 Auditor, See COUNTY AUDITORS Auditor’s office 36.16.030 Bankruptcy readjustment and relief from debts Ch. 39.64 Beach or lake management districts Ch. 36.61 Bicycle paths, lanes, routes and roadways, construction, standards 36.75.240 Bicycle routes establishment, authorized, directed 47.26.305 Bids tax revenue may be considered 39.30.040 Billiard and pool halls, licenses Ch. 67.14 Biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 sharps waste collection 70.95.715 state preemption of local definitions 70.95K.011 waste treatment technologies evaluation by department of health 70.95K.020 Board of appraisers and adjusters, city harbor in two counties, transfer of territory 36.08.060 Boating safety law enforcement, funding 88.02.040 programs, funding 88.02.040, 88.02.045 Boilers local regulation of boiler exempt from state regulation prohibited 70.79.095 Bond issues airports 14.08.112, 14.08.114 county hospitals 36.62.060, 36.62.070 declaratory judgments 7.25.010 definitions 7.25.005 [RCW Index—page 166] elections to authorize certification of result 39.40.030 existing election laws apply 39.40.020 vote required 39.40.010 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 general obligation bonds maturity 39.44.070 indebtedness contracted interest payment, coupons 36.67.070 retirement of bonds 36.67.060 indebtedness limitations, subject to 39.46.110 industrial development projects Const. Art. 32 §1 interest coupon interest payments on registered bonds 39.44.120 issuance of revenue bonds at greater rate than that authorized, declared legal 39.90.050 interest payments 36.67.070 juvenile detention facilities 13.16.070 lost or destroyed bonds or warrants, procedure 39.72.010, 39.72.020 maturity of bonds 39.44.070 mutual savings banks, authorized investment for 32.20.070 notice of intent to sell general obligation bonds 39.46.120 park and recreation districts general obligation bonds, limitations 36.69.140 payment of general obligation bonds 39.46.110 refunding bond act Ch. 39.53 refunding bonds authority to issue 39.52.010 bankruptcy readjustment and relief from debts Ch. 39.64 "corporate authorities", defined 39.52.050 indebtedness limitations not to be exceeded 39.52.020 tax levy to meet payments and interest 39.52.035 validation 39.52.015 registered bonds, statements and signatures 39.44.102 registration of bonds principal payable to payee or assignee 39.44.110 treasurer as registration officer, designation of fiscal agent 39.44.130 registration of bonds and interest coupon interest payments 39.44.120 revenue bonds authorized 36.67.510 construction, effect on other acts 36.67.570 costs, what includes 36.67.520 covenants 36.67.550 form, terms, execution and signatures 36.67.530 funding and refunding 36.67.560 funds for reserve purposes may be included 39.44.140 law, resolutions, as contract with holders, remedies 36.67.550 parking facilities as a part of a courthouse or combined county-city building facility 36.67.520 purposes authorized for 36.67.520 when issued 36.67.520 roads and bridges, See COUNTY ROADS AND BRIDGES, subtitle Bond issues sale of to United States at private sale amortization 39.48.020 chapter optional 39.48.040 savings and loan associations, investment in 33.24.050, 33.24.060, 33.24.070 statewide city employees’ retirement system funds, investment in 41.44.100 transportation, department of, county assistance 36.76.140 uniform facsimile signature of public officials act Ch. 39.62 United States, sale of bonds to at private sale Ch. 39.48 Bonds annual report to department of community, trade, and economic development 39.44.210 information supplied to department of community, trade, and economic development contents 39.44.210, 39.44.230 definitions 39.44.200 validity not affected by not filing 39.44.240 Bonds, official, See BONDS, subtitle Official Bonds issues revenue bonds bonds, interest, payable from operating revenue, remedy on failure to set aside 36.67.540 as negotiable instruments 36.67.540 special funds, creation and use 36.67.540 Books of superior court clerk 36.23.030 Boundaries action to establish court establishment 36.05.050 decrees, filing and recording 36.05.070 intervention by affected residents 36.05.030 judges, qualifications 36.05.020 practice and procedure 36.05.060 questions of fact 36.05.040 territory, defined 36.05.080 actions to establish equity suit authorized 36.05.010 change by division or enlargement Const. Art. 11 § 3 special legislation, when Const. Art. 2 § 28 establishment, joint surveys, by 36.04.400 legal descriptions, enumeration Ch. 36.04 right of way line permitted to be substituted for any portion of street right of way 35.21.790 surveys to establish 36.04.400 Boundary review boards, See BOUNDARY REVIEW BOARDS Bowling alleys, licenses Ch. 67.14 Bowling alleys, licenses and fees 67.12.110 Bridges franchises on application 36.55.040 authority 36.55.030 hearing 36.55.050 limitations 36.55.060 Bridges, See also COUNTY ROADS AND BRIDGES Budgets biennial budgets 36.40.250 capital outlay change or transfer 36.40.100 county hospitals board of trustees 36.62.180 supplemental budget 36.62.270 estimates 36.40.030 road and bridge construction 36.40.020 expenditures in excess of, liability of officials 36.40.130 final 36.40.080, 36.40.090 appropriations fixed 36.40.100 supplemental appropriations, unanticipated funds 36.40.100 transfers between classifications 36.40.100 preliminary 36.40.040 hearing 36.40.070 alternate date 36.40.071 notice of hearing 36.40.060 revision by county commissioners 36.40.050 rules, classification, and forms 36.40.220 salaries and wages change or transfer 36.40.100 supplemental and emergency budgets 36.40.250 (2008 Ed.) COUNTIES supplemental appropriations, unanticipated funds 36.40.100, 36.40.195 transfers between classifications 36.40.100 Building codes amendment of state building code 19.27.040 area applicable 36.43.020 authority to adopt 36.43.010 enforcement 36.43.030 exemptions 19.27.060, 19.27.065 housing for indigent persons, emergency exemptions 19.27.042 penalty for violations 36.43.040 state building code Ch. 19.27 Building permit fee deposit in building code council account 19.27.085 Building permits contractor registration verification required before issuance 18.27.110 governmental units, no security required for permit issuance 36.32.590 Buildings handicapped, provisions to be made for in public buildings, generally Ch. 70.92 newly constructed, appraisal by assessor 36.21.070, 36.21.080 Burial of dead authority to provide 68.52.030 indigent persons 36.39.030 Burning permits issuance 70.94.654 issuing authority, nuisances, control of 70.94.780 Bus service, contracts for under intergovernmental cooperation, limitation 39.34.085 Bus stations conduct at, unlawful 9.91.025 Buses conduct on, unlawful 9.91.025 Cable television services television reception improvement districts Ch. 36.95 Canal construction, joint, authority 36.64.060 Capital expenditure projects, notification of county planning commission 36.70.520 Capital outlay equipment, purchase and lease central services department, generally Ch. 36.92 Cemeteries exemptions from regulation by board 68.05.400 private corporations Ch. 68.20 Cemetery districts, establishment and operation Ch. 68.52 Census authorized 36.13.020 basis for allocation of funds 36.13.100 determination 36.13.100 enumerators duties 36.13.030 information given to 36.13.040 how conducted 36.13.030 information for 36.13.040 penalties for violations 36.13.070 Central services department central services fund 36.92.040 charges 36.92.070 comprehensive data processing use plan 36.92.050 county commissioners, establishment of charges for services rendered 36.92.070 creation 36.92.030 data processing use plan 36.92.050 definitions 36.92.020 ministerial services restricted to department 36.92.080 purpose 36.92.010 services restricted to department 36.92.080 supervisor 36.92.030 appointment of assistants 36.92.060 treasurer duty 36.92.070 utilization of equipment 36.92.050 (2008 Ed.) Chaplains employment of chaplains at county health care facilities authorized Const. Art. 1 § 11 Charge cards for travel expenses 42.24.115 Charter, home rule, adoption, change Const. Art. 11 § 4 Child care facilities location, conditions 36.70.757 review of need and demand for, implementation of findings 36.32.520, 36.70.675 Cities and towns incorporation Ch. 35.02 Cities in county with a population of two hundred ten thousand or more west of Cascades, support of cities, county and taxing district in which utility facility located 35.21.422 City harbor in two counties assessments, effect upon 36.08.030 transfer of territory, assessments, effect upon 36.08.030 election conduct of 36.08.020 notices 36.08.010 petition for 36.08.010 expense of proceedings 36.08.080 indebtedness adjustment of 36.08.060 arbitration 36.08.070 board of appraisers and adjusters 36.08.060 transferee county liability 36.08.050 judicial proceedings, effect upon 36.08.030 limitations 36.08.090 local officers, continuance of terms 36.08.040 proclamation of change 36.08.020 taxation, effect upon 36.08.030 transcript of records by county auditor 36.08.090 City streets, county may aid in construction and maintenance of 47.24.050 Civil defense, See EMERGENCY SERVICES, DEPARTMENT OF Claims audit by county auditor 36.22.040 auditing or paying false claim, penalty 42.20.060 county commissioners’ appeal procedure, effect on 36.32.330 filing procedure 36.45.010 labor and materials 36.45.040 Claims against liability insurance authorized 36.16.136 Claims fund 36.33.065 A class counties assumption of rights, powers, functions and obligations of metropolitan municipal corporation apportionment of budgeted funds 36.56.060 appropriations, transferred 36.56.100 assets, transferred 36.56.100 books, transferred 36.56.100 budgeted funds, apportionment of 36.56.060 business, pending, of metropolitan municipal corporation continued 36.56.090 full force and effect 36.56.090 collective bargaining units or agreements 36.56.080 contracts of metropolitan municipal corporation, full force and effect 36.56.090 credits, transferred 36.56.100 debts and obligations 36.56.110 declaration of intent 36.56.040 documents, transferred 36.56.100 employees and personnel 36.56.050 existing rights, actions, proceedings, not impaired or altered 36.56.070 extent of rights, powers, functions and obligations assumed and vested in county 36.56.040 federal grants, transferred 36.56.100 files, transferred 36.56.100 funds accounts, records, transfer and adjustment of 36.56.060 funds, transferred 36.56.100 hearing 36.56.030 metropolitan council, abolition of 36.56.040 obligations and debts 36.56.110 obligations of metropolitan municipal corporation, full force and effect 36.56.090 office equipment, furniture transferred 36.56.100 official acts of official or employee of metropolitan municipal corporation, validity of 36.56.090 ordinance or resolution of intention adoption of 36.56.020 hearing 36.56.020, 36.56.030 publication 36.56.020 submission to voters 36.56.040 property, real and personal, transferred 36.56.100 records, transferred 36.56.100 reports, transferred 36.56.100 rules and regulations of metropolitan municipal corporation continued 36.56.090 severability 36.56.900 surveys, transferred 36.56.100 transfer and adjustment of funds, accounts and records 36.56.060 transfer of rights, powers, functions and obligations of to county 36.56.040 county road improvement districts authority to create 36.88.010 prosecuting attorneys, private law practice prohibited, when 36.27.060 purchasing agent, duties 36.32.260 Classification census as basis 36.13.050 combined city and county municipal corporations Const. Art. 11 § 16 compensation of officers Const. Art. 11 § 5 generally Ch. 36.13 by population Const. Art. 11 § 5 Clerk, See COUNTY CLERK Code of ethics 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 Columbia basin project, county lands within Ch. 89.12 Columbia River Gorge commission, conform with certain laws 35.63.150, 36.32.550, 36.70.980 Combined city and county municipal corporations Const. Art. 11 § 16 fire protection or law enforcement binding arbitration in collective bargaining, when 36.65.050 intent 36.65.010 method of allocating state revenues 36.65.040 public employee retirement or disability benefits not affected 36.65.060 school districts retained as political subdivisions 36.65.020 Commercial waterway districts, See WATERCOURSES AND WATERWAYS Commissioners, See COUNTY COMMISSIONERS Communication facilities, underground, conversion to or installation 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480, 36.88.485 Community economic revitalization board created 43.160.030 Community redevelopment financing Ch. 39.88 Community renewal bond issues legal investments for financial institutions 35.81.110 securities for federal government 35.81.110 finding, requirement of 35.81.050 plans and planning [RCW Index—page 167] COUNTIES formulation of program 35.81.040 private enterprise, encouragement of 35.81.030 purpose and necessity, declaration of 35.81.005 Community renewal law, as applicable to 35.81.015 Community restitution by offenders workers’ compensation and liability insurance coverage 36.16.139, 51.12.045 Community revitalization financing Ch. 39.89 Community service organizations neighborhood improvement projects 35.21.278 Commute trip reduction employer program, review and penalties 70.94.534 growth and transportation efficiency centers 70.94.528 implementation of plans use of funds 70.94.544 requirements for counties and cities 70.94.527 Competitive bidding requirements preferential purchase of products made from recycled materials authorized 39.30.040 tax revenue may be considered 39.30.040 Comprehensive community health centers administrative implementation, state agencies 70.10.060 construction projects fiscal assistance, approval, use 70.10.040 interagency cooperation 70.10.050 defined 70.10.020 federal/state fund, application for, administration of, authorization 70.10.030 legislative intent 70.10.010 Comprehensive plans, See COUNTIES, subtitle Plans and planning; PLANS AND PLANNING, subtitle Counties Comprehensive road plan, See COUNTY ROADS AND BRIDGES, subtitle Plans and planning Condemnation by counties, See EMINENT DOMAIN Condemnation of blighted property 35.80A.010 authority to enter property or buildings 35.80A.040 disposition of property acquired by condemnation 35.80A.030 financial assistance, acceptance 35.80A.040 transfer of property acquired by condemnation 35.80A.020 Confession of judgment by, who may confess for 4.60.020 Confinement and detention, See COUNTIES, subtitle Farms and camps for confinement Conservation comprehensive plans 36.70.350 preservation interest in land acquisition, authorized 64.04.130 conveyance, form 64.04.130 Conservation areas acquisition and maintenance 36.32.570 Consolidation of local government unit and first class city retirement rights compliance with law 41.04.430 definitions 41.04.405 intent 41.04.400 limitations 41.04.425 membership in first class city retirement system 41.04.415 newly created legal entity 41.04.420 public or public safety employees’ retirement systems 41.04.410 Contaminated properties decontamination, disposal, or demolition of city or county action, options 64.44.040 Contractors, labor and material claims 36.45.040 Contracts ambulance service authorized, restriction 36.01.100 [RCW Index—page 168] architectural and engineering services Ch. 39.80 awards, posting 39.04.200 bond of contractor registration or licensing prerequisite to public works contract 39.06.010 competitive bidding tax revenue may be considered 39.30.040 violations by municipal officers, penalties 39.30.020 competitive bidding requirements, exemptions 39.04.280 conditional sales contracts for purchase of real or personal property authorized, indebtedness limitation 39.30.010 with cities concerning buildings and related improvements 36.64.070 declared legal regardless of interest rate 39.90.060 election required if exceeds indebtedness limitation 39.30.010 interest rate, declared legal regardless of interest rate 39.90.060 joint execution with other municipal corporations authorized, indebtedness limitation 39.30.010 county with population of two hundred ten thousand or more, with cities concerning buildings and related improvements 36.64.070 engineering systems 39.04.290 hospitals contracts with state universities for medical services, teaching and research activities 36.62.290 joint operation 36.62.040 work ordered and materials purchased 36.62.300 interest due when payment is not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 joint courthouses with city halls 36.64.010, 36.64.020, 36.64.030 minority and women’s business enterprises 39.04.160 municipal water and sewer facilities act 35.91.020 parks and recreation cooperation 67.20.020 power, generally 36.01.010 public works small works roster process 36.32.250 public works, procedure for awarding 36.32.250 purchasing agent, duties 36.32.260 small works roster 39.04.156 street improvements prerequisite to land development contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Contracts for public works, See PUBLIC WORKS Convention center facilities and stadiums Ch. 67.30 Convention center facility sale 67.28.125 Conveyances of county property flood control, navigation, and reclamation 36.34.230, 36.34.240 flood control, navigation and reclamation 36.34.220 military installations, federal power projects, housing projects 36.34.250, 36.34.260 municipalities 36.34.280 reservations to 36.34.010 state or United States 36.34.210, 36.34.220, 36.34.230, 36.34.240, 36.34.250, 36.34.260, 36.34.270 use of, effect 36.01.040 Coordination between association of counties 36.32.350 conventions of county commissioners 36.32.360 counties, necessity recognized 36.32.335 county commissioners 36.32.340 Coroner’s office 36.16.030 Corporate bonds or stocks not to be owned by Const. Art. 8 § 7 Corporate powers 36.01.010 Correctional facilities, state reimbursement for impact costs Ch. 72.72 Costs against 4.84.170 Counties comprehensive flood control management plan arbitration of disputed issues 86.12.210 local officials, participation of 86.12.210 County clerk, See COUNTY CLERK County commissioners, See COUNTY COMMISSIONERS County engineering office county roads, authority 36.75.040 County engineering office, See also COUNTY ROADS AND BRIDGES, subtitle Road engineer County executive juvenile court transfer of administration of court services to executive 13.20.060 County hospitals authority to establish 36.62.010 board of trustees appointment 36.62.110 composition 36.62.110 gifts and bequests, authority to accept 36.62.190 joint hospitals 36.62.130 patients’ ability to pay 36.62.100 powers and duties 36.62.180 qualifications 36.62.140 quorum 36.62.170 removal 36.62.150 terms of office 36.62.120 travel expenses 36.62.200 vacancies 36.62.160 county hospital fund 36.62.252 establishment contracts 36.62.040 elections 36.62.060 issuance 36.62.070 petition 36.62.050 fiscal matters budget preparation 36.62.180 patients’ ability to pay 36.62.100 supplemental budget 36.62.270 joint ownership and operation authority for 36.62.030 contracts 36.62.040 trustees 36.62.130 leases, competitive bids 36.32.240 maintenance, tax levy for 36.62.090 patients ability to pay 36.62.100 admission priorities 36.62.100 powers of county commissioners, generally 36.62.010 public assistance recipients and indigents advisory committee on vendor rates 74.32.100 members, meetings, expenses 74.32.120 powers and duties 74.32.130 vendor rates defined 74.32.110 purchases, competitive bids 36.32.240 superintendent appointment 36.62.210 duties 36.62.230 work ordered and materials purchased 36.62.300 County legislative authority census, authorized 36.13.020 County property acquisition of (2008 Ed.) COUNTIES for park, greenbelt, etc., purposes 36.34.340 for state highway purposes 47.12.040 cities and towns, conveyance to, approval 36.34.280 comprehensive management procedures 36.34.005 dedication for streets and alleys 36.34.290, 36.34.300 diking districts, situated within proposed area, procedure 85.05.083 disposal of surplus property hearing, notice requirements 39.33.020 exchange for privately owned real property of equal value 36.34.330 exchange with federal or state government or political subdivision authorized 39.33.010 exemption from statute upon establishment of comprehensive management procedures 36.34.005 federal power projects, lease or conveyance, state or United States, authority 36.34.250 instrument of transfer 36.34.270 flood control, See FLOOD CONTROL, subtitle Counties forest lands, conveyance to United States 36.34.210 housing projects, lease or conveyance, state or United States authority 36.34.260 instruments of transfer 36.34.270 intergovernmental disposition of authorized 39.33.010 hearing, notice requirements 39.33.020 transfers 39.33.090 land within improvement district assessment of 35.44.140 payment of assessment 35.49.070 lease of for affordable housing 36.34.135 agricultural fairs 36.34.145 airport property 36.34.140 application to county commissioners 36.34.150 authority, generally 36.34.140 bids and bidding 36.34.190 counties with population of one million or more 36.34.205 deposit 36.34.150 execution of agreement 36.34.200 to federal or state government or political subdivision, authorized 39.33.010 long term to United States 36.34.310 notice of intention 36.34.160 objections 36.34.170 terms 36.34.180 military purposes, lease or conveyance to state or United States authority 36.34.260 instrument of transfer 36.34.270 municipalities, conveyance to, approval necessary 36.34.280 navigation cessation of jurisdiction 36.34.240 consent of state 36.34.230 lease or conveyance to United States for 36.34.220 reclamation cessation of jurisdiction 36.34.240 consent of state 36.34.230 lease or conveyance to United States for 36.34.220 sale of authority 36.34.010 bids and bidding 36.34.070 findings and determinations 36.34.050 intergovernmental agencies 36.34.130 minimum sale price 36.34.050 notice 36.34.090, 36.34.100 notice of intention to sell publication, exceptions 36.34.020 requirements, posting 36.34.030 oil and gas rights 36.34.010 personalty, terms 36.34.060 (2008 Ed.) posting of notice 36.34.030 proceeds, disposition of 36.34.110 public auction 36.34.080 public hearing 36.34.040 publication of notice, exception 36.34.020 reservations to sale 36.34.010 sealed bid 36.34.080 timber and mineral rights 36.34.010 trade-ins 36.34.070 used equipment 36.34.120 sale to federal or state government or political subdivision authorized 39.33.010 streets and alleys, dedication for 36.34.290, 36.34.300 transfer chapter not applicable to 36.35.355 federal or state government or political subdivision authorized 39.33.010 state or United States, generally 36.34.210, 36.34.220, 36.34.230, 36.34.240, 36.34.250, 36.34.260, 36.34.270 County prosecuting attorneys, legal services for educational service districts 28A.310.400 County road administration board, See COUNTY ROAD ADMINISTRATION BOARD County road executive director 36.78.060 County road funds forest reserve funds 28A.520.010 County road improvement districts additional purposes 36.88.015 assessment reimbursement accounts 36.88.078 assessments hearings 36.88.095 authority to create 36.88.010, 36.88.015 canals and ditches, safeguarding 36.88.015 credits for other assessments 36.88.076 formation, alternative method 36.88.065 frontage units, defined 36.88.010 hearings on formation 36.88.060 improvement bonds 36.88.220 method of assessment 36.88.080 selection of 36.88.060 number of frontage units required 36.88.010 preformation expenditures 36.88.074 resolution creating district and ordering improvement 36.88.060 resolution to initiate formation balloting on 36.88.030 contents 36.88.030 notice 36.88.030 publication 36.88.030 roads, drainage, bridges, sidewalks, curbs and gutters 36.88.010 street and road lighting systems 36.88.015 sufficiency of petitions, ballots or objections 36.88.370 underground electric and communication facilities 36.88.430 waiver of protests 36.88.072 County roads, See COUNTY ROADS AND BRIDGES County roads and bridges, dedication of roads in subdivision 58.17.290 County seat county clerk’s office 36.23.080 county road engineer’s office 36.80.015 county treasurer’s office 36.29.170 designation or location, change by special legislation prohibited Const. Art. 2 § 28 emergency seat of government in event of enemy attack 42.14.075 prosecuting attorney’s office 36.27.070 removal Const. Art. 11 § 2 election failure of, subsequent removal, election, limitations 36.12.080 manner of voting 36.12.040 notice 36.12.030 petition for 36.12.010, 36.12.020 results, notice of 36.12.050 submission of question 36.12.020 vote required 36.12.050 financial impact statement 36.12.010 notices county clerk 36.12.070 holding election 36.12.030 result of election 36.12.050 secretary of state 36.12.070 successive removal election 36.12.090 time of 36.12.060 superior courts hold sessions at 2.08.030 County transportation authority acquisition of existing systems 36.57.090 authorized 36.57.020 chairman, appointment 36.57.050 definitions 36.57.010 employee transfers, preservation of benefits 36.57.090 expenses, contributions by county, cities and towns 36.57.060 general manager, powers, compensation, appointment, removal 36.57.050 labor relations 36.57.090 membership, compensation 36.57.030 powers and duties 36.57.040 public transportation plan, general comprehensive plan 36.57.070 transportation fund, disbursements, contributions 36.57.060 County treasurer, county seal 36.29.025 Court costs county liability for in certain cases 36.01.060 Court costs, See also SUPERIOR COURTS Court houses county to furnish 2.28.139 jointly with city halls authority for 36.64.010 contract approval 36.64.030 terms of 36.64.020 funds, how provided 36.64.040 Court reporters expenses 2.32.210 salaries 2.32.210 Court rooms, expense for chargeable to 2.28.140 Courts, See JUSTICES OF THE PEACE; SUPERIOR COURTS Credit card use for purchases, conditions 43.09.2855 Credit cards and other electronic transactions, acceptance for payments authorized 36.29.190 Credit establishment for payment of warrants 43.09.2853 Credit for energy conservation Const. Art. 8 § 10 Credit not to be loaned Const. Art. 8 § 7 Crime victim’s compensation assessments deposited into exclusive fund 7.68.035 program approval procedure 7.68.035 public safety and education account 7.68.035 Crimes relating to auctioneers, operating without license 36.71.070 budget law violations 36.40.240 hawkers, operating without license 36.71.070 parks and recreation rules, violation of 36.68.080 peddling without license 36.71.060 recreation districts, violation of rules 36.69.180 roads and bridges, limitation of vehicles on 36.75.270 roadways, coating or discoloring 36.86.060 solid waste disposal sites, misuse 36.58.020 unlawful construction of approach to county roads 36.75.130 Criminal cases city agreement with county to handle 35.23.555 code cities agreement with county to handle cases, arbitration 35A.11.200 municipalities [RCW Index—page 169] COUNTIES agreement with county to handle 3.50.800, 3.50.805 agreement with county to handle, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Criminal identification, See STATE PATROL, subtitle Identification and criminal history section Criminal justice costs, county petition for reimbursement of extraordinary costs 43.330.190 Criminal penalties act constituting a crime under state law, penalty limitation 36.01.160 Cultural arts, stadium and convention districts Ch. 67.38 Curfew for juveniles 36.32.425 Dances licenses and fees authorized 67.12.021 Daylight saving time, prohibition of and exceptions 1.20.050 Death investigations account created 43.79.445 Debts apportionment on division or enlargement Const. Art. 11 § 3 collection agency may be used, fees 19.16.500 declared legal regardless of interest rate 39.90.060 limit of Const. Art. 8 § 6 power to contract Const. Art. 8 § 6 private property not to be taken in satisfaction of, exception Const. Art. 11 § 13 Declaratory judgments, bonds, test of proposed issue 7.25.010 Depositaries, See COUNTIES, subtitle Fiscal matters Derelict vessels 36.32.620 Detergent phosphorus content Ch. 70.95L Development projects review process 36.70A.470 Development regulations to be consistent with comprehensive plan 35.63.125 consistency with comprehensive plan required 36.70.545 Diking and drainage districts, contributions, when 85.24.240 Director of public safety, prisoners, employment of 36.28.100 Dispute resolution centers alternative to judicial setting Ch. 7.75 Distressed areas distressed county assistance account 82.14.380 rural Washington loan fund Ch. 43.168 District court judges number per county 3.34.010 Districts, division by county commissioners 36.32.020 Division of debt apportionment authority for 36.09.010 payment of 36.09.040 basis for 36.09.020 disagreement, how decided 36.09.020 how effected Const. Art. 11 § 3 majority of voters necessary to reduce territory Const. Art. 11 § 3 property apportionment authority 36.09.010 basis for 36.09.020 transfer of property 36.09.040 taxes levied, collection and apportionment 36.09.050 Dogs control zones Ch. 16.10 licensing Ch. 16.10 fee waiver, guide and service animals 49.60.380 tax Ch. 36.49 powers and duties to regulate Ch. 16.08 Domestic violence [RCW Index—page 170] technical assistance grant program 70.123.140 Donations for right of way for transportation improvements 36.32.510 Donations of right of way for transportation improvements advertising signs on donated parcels 47.14.040 credit against benefit district assessment 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 Drainage systems, See SEWERAGE, WATER AND DRAINAGE SYSTEMS— COUNTIES Driving under the influence minimum penalties 36.32.127 Drug courts, authorization 2.28.170, 2.28.190 Early childhood coordinating councils early intervention services coordination with birth-to-six interagency coordinating council 70.195.020 interagency agreements 70.195.030 Economic development programs contracts with nonprofit corporations authorized 36.01.085 public purpose 36.01.085 Election election reserve fund, use 36.33.200 Elections airport districts 14.08.290 bond issues canvass 39.40.030 certification of result 39.40.030 existing election laws apply 39.40.020 vote required 39.40.010 city harbor in two counties 36.08.010, 36.08.020 conditional sales contracts for purchase of real or personal property authorized, election required if exceeds indebtedness limitation 39.30.010 county airport districts 14.08.290 county commissioners 36.32.040, 36.32.050 exception 36.16.010 five-member board nomination by district, election by entire county 36.32.0556 five-member boards, ballot proposition to authorize 36.32.055 county seat removal Ch. 36.12 election reserve fund, use 36.33.210 elective offices - qualifications, terms, and requirements Ch. 29A.20 filing for office Ch. 29A.24 officers, generally 36.16.010 public hospital districts 70.44.020 recreation districts 36.69.070, 36.69.080 inclusion of proposition for tax levy or issuance of bonds 36.69.065 vacancies Ch. 29A.28 Electric franchises and rights of way on county roads 80.32.010 underground, conversion to or installation 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480 Electrical apparatus use and construction rules Ch. 19.29 Electricity, licenses, limitation on authority to regulate 19.28.041 Electronic data processing systems acquisition method for municipalities 39.04.270 Emergencies county commissioners’ expenditures nondebatable 36.40.180, 36.40.190 subject to hearing 36.40.140, 36.40.150, 36.40.160, 36.40.170 Emergency communication systems and facilities local sales and use tax 82.14.420 Emergency management program, powers and duties Ch. 38.52 Emergency medical care and transportation services authority to provide services 36.01.095 fees, collection 36.01.095 state preemption of authority 18.73.020 Emergency medical service district powers and governance 36.32.480 Emergency services, financial and other assistance, authorized 36.32.470 Eminent domain appeal and review 8.08.080 public use, entry of order adjudicating 8.08.040 authorized for general county purposes 8.08.010 compensation determination 8.08.050 costs, payment of 8.08.070 damages decree of appropriation 8.08.060 determination 8.08.050 decree of appropriation 8.08.060 federal improvements, appropriation in aid of indebtedness 8.08.120 mode of appropriation 8.08.100 tax levy to pay costs 8.08.110 federal improvements, appropriation in aid to 8.08.090 greenbelt, park, recreational, etc. 36.34.340 indebtedness in aid of federal or state improvements 8.08.120 judgments appeal and review 8.08.080 decree of appropriation 8.08.060 jury 8.08.050 limitations 8.08.130 military purposes 8.04.170, 8.04.180 mode of appropriation 8.08.100 orders public use, entry of order adjudicating 8.08.040 park, recreational, view point, greenbelt, conservation, historic, scenic, or view purposes 36.34.340 petition 8.08.010 notice of presentation 8.08.030 public use, declaration of 8.08.020 public use, entry of order adjudicating 8.08.040 state improvements, appropriation in aid of 8.08.090 indebtedness 8.08.120 mode of appropriation 8.08.100 tax levy to pay costs 8.08.110 tax levy to pay costs in aid of federal and state improvements 8.08.110 trial 8.08.050 Eminent domain, See also EMINENT DOMAIN Employees, See COUNTIES, subtitle Officers and employees Energy conservation performance-based contracts 36.32.245 Energy facility site evaluation council, selection of member 80.50.030 Energy financing voter approval act cost-effectiveness priorities 80.52.080 definitions 80.52.030 election approval required bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 purpose 80.52.020 short title 80.52.010 Energy supply emergencies, alerts duties of local government 43.21G.050 Environmental excellence program agreements Ch. 43.21K Environmental mitigation activities 36.01.250 Environmental permits land use petitions, judicial review Ch. 36.70C (2008 Ed.) COUNTIES project review and permit procedures Ch. 36.70B Environmental policy appearance of fairness doctrine Ch. 42.36 Equipment rental and revolving fund, See COUNTY ROADS AND BRIDGES, subtitle Equipment rental and revolving fund Errors and omissions insurance for district court personnel, costs of reimbursable to 3.34.090 Evergreen communities act Ch. 35.105 Evergreen community ordinances 36.01.260 Execution of judgments against 6.17.080 Existing counties to be legal subdivisions of state Const. Art. 11 § 1 Fairs agricultural annexation to city 35.13.010 authorization for 36.37.010 funds for 36.37.040 intercounty participation 36.37.050 management 36.37.040 property acquisition 36.37.020 board purchasing rules, public disclosure 42.23.030 Southwest Washington administration 36.90.030 control of property 36.90.010 conveyance to Lewis county 36.90.070 fair commission organization 36.90.030 property acquisition, improvement, and control 36.90.050 support of 36.90.040 Fairs, See also AGRICULTURAL FAIRS Family court court-appointed special advocate program 26.12.175 courthouse facilitator program 26.12.240 joint family court services 26.12.230 therapeutic court 26.12.250 Farmers, license requirements, exceptions 36.71.090 Farms and camps for confinement authority for 70.48.210 Federal grants and programs forest reserve funds 28A.520.010 statutes construed consistent with state constitution 35.21.757 transfer to public corporations authority 35.21.730 authority to receive and expend funds 35.21.735 corporate powers, governmental control 35.21.745 insolvency or dissolution 35.21.750 limitation on liability 35.21.730 tax exemption and immunity 35.21.755 territorial jurisdiction 35.21.740 Federal reclamation areas, county lands within Ch. 89.12 Federal surplus commodities, distribution to recipients of public assistance 36.39.040 Federal surplus property, See FEDERAL SURPLUS PROPERTY Fees peddler’s license 36.71.020 special permits for oversize or overweight motor vehicles movement, fees paid to counties, when 46.44.096 Fees, fines, forfeitures, and penalties disposition and interest 3.62.020 Fees of county officers accountability for Const. Art. 11 § 5 auditors 36.18.010 auditors, See also COUNTY AUDITORS clerks 36.18.012, 36.18.014, 36.18.016, 36.18.018, 36.18.020 coroners 36.18.030 filing remittance of portion of for judges’ salaries 36.18.025 waived, when 36.18.022 (2008 Ed.) generally Ch. 36.18 payment in advance, exception, sheriff’s fees 36.18.060 penalties failure to pay over 36.18.170 forfeiture of office 36.18.180 illegal fees, taking 36.18.160 receipts, itemized penalty for violations 36.18.090 when given 36.18.090 schedule posting 36.18.080 sheriffs 36.18.040 single mileage chargeable, when 36.18.070 special cases 36.18.050 statement to county auditor checking by auditor 36.18.120 errors or irregularities 36.18.130 monthly submission 36.18.110 treasurers 36.18.045 use of, a felony Const. Art. 11 § 14 Fences Ch. 16.60 Ferries, See FERRIES Ferry districts, See FERRY DISTRICTS Filing definitions 36.18.005 Finance committee membership and duties 36.48.070 United States bonds, disposal 36.33.190 Finances, See COUNTIES, subtitle Fiscal matters Fire hydrants water companies may be required to maintain 80.28.250 Fire prevention and emergency medical protection, areas withdrawn from fire protection districts 52.08.035 Fire protection districts elections 52.02.080 use of apparatus and personnel beyond district boundaries 52.12.111 Fire protection districts, See also FIRE PROTECTION DISTRICTS Fire regulations area applicable 36.43.020 authority to adopt 36.43.010 enforcement 36.43.030 penalty for violations 36.43.040 Firearms preemption of local laws 9.41.290 exception 9.41.300 sales, authority to regulate areas where sales allowed 9.41.300 Firefighting equipment, standardization Ch. 70.75 Fireworks permit for grant or denial 70.77.270 requirement 70.77.260 Fireworks, See also FIREWORKS First class county road improvement districts authority to create 36.88.010 prosecuting attorneys, private law practice restricted, when 36.27.060 purchasing agent, duties 36.32.260 Fiscal matters appropriations budget limitations 36.40.100 lapse at end of year 36.40.200 report of auditor, monthly 36.40.210 bond issues certification of fiscal agencies by state finance committee 43.80.120 borrowed money, limitation on use 36.40.120 budgets county roads and bridges 36.82.160 budgets, See also COUNTIES, subtitle Budgets county clerk’s funds deposit 36.48.080 trust fund 36.48.090 county hospital fund 36.62.252 county roads and bridges, estimates of expenditures required 36.82.160 depositaries funds deemed in county treasury 36.48.040 treasurer’s liability, effect 36.48.050 expenditures county road fund, acquisition and maintenance, use of 36.81.090 emergencies nondebatable county commissioners, procedure 36.40.180 enumeration 36.40.180 payment 36.40.190 subject to hearing court review 36.40.170 order of county commissioners 36.40.140 payment 36.40.190 suspension of order 36.40.160 taxpayer’s right of review 36.40.150 excess of budget county liability 36.40.130 penalty against officials 36.40.130 finance committee duties and membership 36.48.070 fiscal agents appointment 43.80.110 definitions 43.80.100 duties 43.80.130 nonliability of treasurer for funds remitted to fiscal agencies for payment of bonds 43.80.150 registered bonds 43.80.125 public depositaries designation of by county treasurer 36.48.010 financial institution, defined 36.48.060 reports, expenditures and liabilities, county auditor 36.40.210 supplemental appropriations, unanticipated funds 36.40.195 United States bonds, disposal 36.33.190 unredeemed bonds, return of funds for by state fiscal agency upon demand 43.80.160 Fish enhancement projects liability 36.70.982 permit processing 36.70.992, 36.70A.460 Flood control 36.32.280, 36.32.290 benefits, liability for 86.09.529 comprehensive flood control management plan advisory committees, authority to create, membership and duties 86.12.220 authority to adopt, required elements 86.12.200 state participation and financial assistance 86.26.050 county property, lease or conveyance to United States 36.34.220 improvements for flood control causing river to change course, title and interest of state in abandoned channel granted to improving county 86.12.034 management plans department of ecology authority 86.26.050 powers generally Ch. 86.12, Ch. 86.13 programs authorized 86.16.160 Floodplain management ordinances authority to adopt requirements exceeding federal minimum 86.16.045 Floodplain management ordinances and amendments filing with department of ecology, approval, disapproval 86.16.041 livestock flood sanctuary areas required 86.16.190 Foreclosure proceedings combining irrigation district and county proceedings 87.06.110 Foreign trade zones legislative finding and intent 36.01.120 Forensic investigations council Ch. 43.103 Forest lands [RCW Index—page 171] COUNTIES community and urban forestry Ch. 76.15 evergreen communities act Ch. 35.105 conveyance to United States 36.34.210 Forest practices classes of forest practices, applications 76.09.050 state preemption, exceptions 76.09.240 Forest reserve funds distribution, procedure 28A.520.010 Fourth class prosecuting attorneys, private law practice prohibited, when 36.27.060 Franchises across bridges jointly owned or operated with state 47.44.040 county roads as part of state highways, franchise rights on, See HIGHWAYS, subtitle Franchises on state highways electric franchises on county roads 80.32.010 franchise rights when limited access facility and when joint governmental facility 47.52.090 roads and highways, See COUNTY ROADS AND BRIDGES, subtitle Franchises on Freeholders vacancies, method of filling 36.32.490 Freight mobility strategic investment program and board Ch. 47.06A Funds agricultural fair, revolving 36.37.040 antiprofiteering revolving fund 9A.82.110 assurance fund for registration of land titles investment of 65.12.670 maximum liability 65.12.700 payment for judgment 65.12.690 recoveries paid from 65.12.680 registration of land 65.12.660 budget law, effect upon 36.40.230 cemetery district fund 68.52.280 central services fund 36.92.040 claims fund 36.33.065 clerk’s trust fund, deposits, interest, and investments 36.48.090 county hospitals, establishment 36.62.252 county lands assessment creation 36.33.120 levy amount 36.33.140 list of lands to be furnished by county treasurer 36.33.160 purpose 36.33.130 surplus from tax sales, payment 36.33.150 county road fund appropriation changes 36.40.100 bicycle paths, lanes, routes and roadways, expenditures for 36.75.240 bond issues, payment of 36.82.080 city streets bridges 36.75.200 construction and repair moneys paid with 47.24.050 use of for city streets 35.77.030 conservation district ditch maintenance agreement 36.82.075 construction and maintenance of roads 36.81.090 county road improvement districts maintenance expenses 36.88.350 participation, extent 36.88.340 court actions, use for 36.75.120 creation and deposits to 36.82.010 directional signs, paid from 47.36.040 expenditure from estimates of expenditures 36.40.020 limitations upon 36.82.020 federal reimbursement 36.82.060 fines for violations disposition of 36.82.210 forest roads, maintenance 36.82.140 illegal use of, procedure to correct 47.08.100 motor vehicle fund use of receipts from 36.82.050 warrants in anticipation of, payment 36.82.090 [RCW Index—page 172] motor vehicle log tolerance permit fees paid into 46.44.047 proceeds from sale of road building material 36.82.120 purposes authorized for use 36.82.070 sidewalks and pedestrian paths, expenditures for 36.75.240 tax levy for, limitation 36.82.040 toll facilities, use of for county participation 47.56.250 use for city streets 35.77.030 warrants anticipation of motor vehicle funds, payment of 36.82.090 payment of 36.82.080 county road fund, purposes authorized for use 36.82.070 cumulative reserve accumulation, effect on current expense fund 36.33.030 establishment 36.33.020 purpose of 36.33.040 transfers 36.33.040 current expense fund 36.33.010 bailiffs’ salaries chargeable to 2.32.370 county park and recreation service areas, reimbursement of funds used 36.68.570 effect on cumulative reserve fund 36.33.030 establishment 36.33.010 investment in warrants on tax refund 36.33.070 justice and inferior courts act of 1961, bail forfeitures paid into 3.30.090 motor vehicle licensing application fees paid into 46.01.140 temporary permit fees paid into 46.16.047 penalties from nuisance actions deposited to 7.48.090 proceeds of sheriff’s sale 63.40.030 reporter’s salary chargeable to 2.32.210 current expenses, limitation on levy 36.40.090 district health fund 70.46.080 educational service district current school fund, apportionment from by superintendent of educational service district 28A.510.260 election reserve accumulation 36.33.210 creation and use 36.33.200 equipment rental and revolving fund accumulated moneys 36.33A.060 administration of 36.33A.030 deposits in fund 36.33A.050 purposes 36.33A.010 rates for equipment rental 36.33A.040 use of by other offices, departments or agencies 36.33A.020 forest reserve funds distribution, procedure 28A.520.010 general fund federal surplus commodities, expenditures for 36.39.040 intercounty river improvement fund 86.13.030 investment in United States corporation bonds 39.60.010 irrigation district board of control 87.68.110 juvenile detention facilities, allocation of budgeted funds for 13.16.080 law library fund 27.24.070, 27.24.090 legal aid expenditures of 2.50.140 use of for 2.50.120 local service area fund created 36.68.510 metropolitan municipal corporations 35.58.430 parks and recreation 36.68.070 population as basis for allocation of 36.13.100 public health pooling fund, generally Ch. 70.12 revolving fund for agricultural fair 36.37.040 river improvement fund 86.12.010 salary fund 36.33.060 specialized forest products, seized goods, disposition of funds 76.48.110 tax refund, investment in warrants 36.33.070, 36.33.080, 36.33.090, 36.33.100 treasurer, expenses incurred in school district bond issues paid 28A.530.060 utility conversion guarantee fund 36.88.460 veteran’s assistance fund, payment of rent for meeting places for veterans’ organizations from 73.04.080 Gambling, See GAMBLING Game violations assessments public safety and education account 77.12.201 Garbage disposal handling facilities, permit requirements 70.95.170, 70.95.180 waste disposal facilities, bond issue Ch. 43.99F Garbage disposal, See also COUNTIES, subtitle Solid waste disposal Garnishment enforcement against 6.27.040 subject to, when 6.27.040 Government, legislature to provide system Const. Art. 11 § 4 Ground water comprehensive plan, land use element 36.70.330 Growth management, See GROWTH MANAGEMENT Harbor improvements, See PORT DISTRICTS Hawkers, license regulations 36.71.070, 36.71.080 Hazardous materials incidents definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 incident command agencies assistance from state patrol 70.136.035 designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 Hazardous materials response teams fire protection districts may participate 52.12.140 Hazardous waste management conflict related to site, department to assist in resolution 70.105.260 local government authority to prohibit or condition acceptance 70.105.217 local governments coordination with private facilities 70.105.220 designate zones 70.105.225, 70.105.230 grants available 70.105.235 pollution control hearings board to hear disputes 70.105.250 preparation of local plans 70.105.220 technical assistance from department 70.105.255 plan preparation requirements contingent on funding 70.105.270 state preemption 70.105.240 Hazardous waste plan used oil recycling element guidelines 70.95I.030 requirements 70.95I.020, 70.105.221 waiver 70.95I.030 Health and safety unfit dwellings 35.80.030 Health benefit programs, procurement by state department of general administration 41.04.220 Health boards consumer representative defined 43.20.025 (2008 Ed.) COUNTIES public utility district operation of sewage disposal facilities, septic tanks, and wastewater facilities authorization by county board 54.16.310 Health departments child mortality review employee immunity and records confidentiality 70.05.170 combination with cities acting for other cities and towns 70.08.050 civil service, retirement plans, membership eligibility 70.08.070 contracts with other agencies 70.08.090 director of public health appointment 70.08.040 powers and duties 70.08.020 qualifications 70.08.030 registrar of vital statistics 70.08.060 employees, may be included in city civil service, retirement plan 70.08.070 health, department of assumption of powers and duties of department of social and health services under chapter 70.08.005 pooling of funds 70.08.080 prior expenditures 70.08.110 severability, 1980 act 70.08.900 termination of agreement 70.08.100 contaminated properties decontamination, disposal, or demolition of 64.44.070 decontamination by owner 64.44.050 definitions 64.44.010 evaluation/inspection of projects 64.44.075 immunity from civil liability 64.44.080 local health officer, duties 64.44.020 report to local health officer 64.44.020 unfit for use order, issuance procedure 64.44.030 county public health account, distribution 70.05.125 districts, See HEALTH DISTRICTS funds, public health pooling fund, generally Ch. 70.12 immunization assessment and enhancement proposals by local jurisdictions 43.70.525 public health pooling fund audit and check by state 70.12.070 authorized 70.12.030 expenditures 70.12.050 geared to budget 70.12.060 how maintained and disbursed 70.12.040 septic systems moratorium adoption, procedures and limitations 70.05.160 sewer hookups moratorium adoption, procedures and limitations 70.05.160 tuberculosis control Ch. 70.28 tuberculosis hospitals, facilities, and funding Ch. 70.30 vital statistics, See VITAL STATISTICS water hookups moratorium adoption, procedures and limitations 70.05.160 Health departments, See also COUNTIES, subtitle Local health departments Health officer defined 43.20.025 rules and regulations of state board of health, duty to enforce, penalty 43.20.050 Health officers, See also COUNTIES, subtitle Local health departments Health sciences and services authorities Ch. 35.104 Hearing examiner system land use changes, authority 35.63.130 Heating systems, See HEATING SYSTEMS Highway advertising control act Ch. 47.42 Highways limited access facilities, See HIGHWAYS, subtitle Limited access facilities (2008 Ed.) reserved lanes, exclusive use by public transportation vehicles and car pools 46.61.165 signs or banners over 47.36.030 transfer to counties, procedure 36.75.090 vehicle weight, size limitation 46.44.080 Highways—Open spaces acquisition and development of open spaces 36.89.030 authority 36.89.030 bonds, general obligation election on proposition 36.89.040 issuance 36.89.040 definitions 36.89.010 delinquent charges, lien 36.89.065 governmental agencies, participation by other 36.89.050 participation by other governmental agencies 36.89.050 powers and authority are supplemental 36.89.060, 36.89.062 purposes 36.89.020 transfer of ownership and operation to other governmental agencies 36.89.050 Historic preservation authority acquisition, maintenance, improvement, etc. 36.32.435 Historical materials, expenditure of funds for preservation and exhibition of authorized 27.48.010 Historical sites special review districts tax immunity or exemption, conditions 35.21.755 Hitchhiking, local regulation allowed to control prostitution 46.61.255 Holidays 1.16.050 Home economics, extension work 36.50.010 Home rule charter adoption, change Const. Art. 11 § 4 interim zoning controls, limitations 36.32.580 local health departments jurisdiction of board 70.05.035 local health officers 70.05.050 administrative officer appointment 70.05.040 moratoria limitations 36.32.580 Homeless persons housing and assistance Ch. 43.185C Horticultural pest and disease board, powers and duties Ch. 15.09 Horticultural pests and diseases disinfection of infected property, costs 15.08.130, 15.08.140, 15.08.150, 15.08.160, 15.08.170 duty to disinfect or destroy when on public property 15.08.230 horticultural tax 15.08.260, 15.08.270 inspection board 15.08.180, 15.08.190 nuisance abatement 15.08.190, 15.08.200, 15.08.210, 15.08.220 Horticultural tax 15.08.260, 15.08.270 Hospitals contracts with state universities for provision of medical services, teaching and research activities 36.62.290 Hospitals, See also COUNTIES, subtitle County hospitals Hostels 79A.05.265, 79A.05.270, 79A.05.275, 79A.05.280 Hotel-motel tax limitation on imposition and use 67.40.100 Hours, official office 36.16.100 Housing accessory apartments 36.70.677, 36.70A.400 affordable housing, lease of county property for 36.34.135 affordable housing development, discrimination against 36.130.005, 36.130.010, 36.130.020 affordable housing incentive programs low-income units 36.70A.540 comprehensive plans, elements of 36.70.350 residential structures occupied by persons with handicaps, treatment of 36.70.990, 36.70A.410 Housing authorities advance to authorized 35.83.050 juveniles released from state institutions or developmentally disabled, authority to operate group homes or halfway houses 35.82.285 rural housing projects 35.82.240 Human remains, costs for transportation at direction of coroner or medical examiner 68.50.032 Human remains, disposal of by county 36.39.030 Impact fees, See LAND DEVELOPMENT, subtitle Impact fees Impounding motor vehicles local ordinances 46.55.240 Improvements labor and material claims 36.45.040 planning agency control 36.70.690, 36.70.700 Income tax on net income prohibited 36.65.030 Incorporation exempt from State Environmental Policy Act 36.93.170 incorporation of territory in county with boundary review board 36.93.153 Incorporation of cities or towns roads, county, revert to city or town 35.02.180 Indebtedness additional, assent of voters necessary Const. Art. 8 § 6 apportionment, when county divided or enlarged Const. Art. 11 § 3 rights of creditors not affected Const. Art. 11 §3 assessment as basis of, how ascertained Const. Art. 8 § 6 bankruptcy readjustment and release from debts Ch. 39.64 bonds 36.67.010 city harbor lying in two counties, transfer of territory 36.08.050, 36.08.060 conditional sales contracts for purchase of real or personal property, indebtedness limitation not to be exceeded 39.30.010 division, apportionment 36.09.010, 36.09.020, 36.09.035, 36.09.040 eminent domain in aid of federal or state improvements 8.08.120 increase permitted for water, light, and sewer Const. Art. 8 § 6 juvenile detention facilities, exceeding debt limitations authorized for 13.16.060 limitations Ch. 39.36 limitations upon 36.67.010, Const. Art. 8 § 6 juvenile detention facilities, exceeding debt limitations authorized for 13.16.060 limitations prescribed Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 private property not to be taken in satisfaction of, exception Const. Art. 11 § 13 refunding bonds not to exceed debt limitations 39.52.020 restriction as to purpose Const. Art. 8 § 6 Indian claims settlements local improvement districts, creation for purpose of payment authorized 36.32.540 Indigent, disposal of remains 36.39.030 Industrial development projects nonrecourse revenue bonds or obligations, authorized Const. Art. 32 § 1 Industrial development revenue bonds Ch. 39.84 Industrial insurance benefits 51.12.050 premium liability 51.12.050 Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Insurance employees, participation in state insurance program 41.04.205 [RCW Index—page 173] COUNTIES group disability insurance, See INSURANCE, subtitle Group disability insurance group false arrest insurance 36.16.130 health care retirees and disabled 41.04.208, 41.04.212 liability insurance against claims against officers and employees of the county authorized 36.16.136, 36.16.138 risk management division, procurement 43.41.320 risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Interception of communications enforcement, local government reimbursement 4.92.280 Intercounty incorporation Ch. 35.02 duties and powers of county officers 35.02.230, 35.02.240 Intercounty weed districts, formation and duties Ch. 17.06 Interim zoning by permit-granting agencies limitation on length 36.70.795 procedures and limitations, exceptions 36.70A.390 public hearing 36.70.795 Interlocal cooperation, See INTERLOCAL COOPERATION International fire code administration and enforcement 19.27.110 Intrastate corrections compact contracts with department of corrections 72.76.030 fiscal management 72.76.040 offender days, costs and accounting 72.76.020 provisions 72.76.010 Investments combining of money by units of local government 36.29.022 county funds, service fee 36.29.020 expenses 36.29.024 public pension and retirement funds, authorized investments Const. Art. 29 § 1 Jails aliens committed to, notification of immigration authorities 10.70.140 booking and reporting, electronic statewide system and standards committee 36.28A.040, 36.28A.050 booking fee 70.48.390 city and county jails act Ch. 70.48 contracts for incarceration unaffected by financial responsibility law 70.48.460 contracts with state for confinement 72.64.110 convicted felons, awaiting appeal, transfer to state institution 36.63.255 county to furnish 2.28.139 duty to furnish 2.28.139 emergency in population governor’s response, alternatives 9.94A.875 farms for confinement, See also COUNTIES, subtitle Farms and camps for confinement financial responsibility 70.48.400, 70.48.410, 70.48.420, 70.48.430, 70.48.440 improvement and construction bond issue administered by state jail commission 70.48.280 bond investment for public funds 70.48.320 principal, interest payment, source 70.48.310 proceeds, deposit, use 70.48.270 bond issue, 1981 Ch. 70.48A operation, locating, authority 70.48.180 prisoners authorized 70.48.220 confinement in jail of 70.48.220 contracting authority 70.48.220 early release for good behavior 9.92.151 felons, state institution, transfer to, required 70.48.240 financial responsibility 70.48.240 [RCW Index—page 174] mental health review, release of offender subject to 70.48.475 temporary confinement, authorized 70.48.230 transportation expenses, financial responsibility for 70.48.230 work, authority to require 9.92.140 regional camps 72.64.100 regional jails 70.48.095 reimbursement rates for use of state facilities 9.94A.190 special detention facilities authorized 70.48.210 fees for cost of housing 70.48.380 violation of sentence condition arrest and confinement in jail 9.94A.631 work release programs 70.48.210 Jails, See also JAILS Joint city-county housing authorities, See JOINT CITY-COUNTY HOUSING AUTHORITIES Joint governmental activities, conference (with cities) to study regional and governmental problems articles 36.64.090 authorized, scope 36.64.080 grants and gifts 36.64.100, 36.64.110 officers, agents and employees, consultants 36.64.090, 36.64.100 public purpose 36.64.110 Judges, salaries Const. Art. 4 § 13 Judgments, execution against 6.17.080 Judicial districts, matters heard outside of judges’ judicial district, effect of decisions and rulings 2.08.200 Juries and jurors county liability for payment 36.01.060 expense of keeping jury charged to 4.44.310 Jury costs, state reimbursements 2.36.150 Justice and inferior courts act of 1961 application of act 3.30.020 validation of prior action and organization 3.74.940 Justices of the peace, See JUSTICES OF THE PEACE Juvenile court board of managers compensation 13.20.050 organization 13.20.030 powers and duties 13.20.040 terms of office, removal, vacancies 13.20.020 consolidated juvenile services purpose 13.06.010 rules and regulations governing 13.06.030 state aid computation of 13.06.050 state aid for 13.06.020 application 13.06.040 county executive transfer of administration of court services to executive 13.20.060 juvenile court advisory board duties 13.20.060 Juvenile detention facilities counties authorized to provide 13.16.040 declared a mandatory county function 13.16.030 detention and risk assessment standards 13.40.038 racial disproportionality, annual report on programs to reduce 13.06.050 state policy regarding 13.40.038 Juvenile detention facilities and services, board of managers for in counties with one million or more in population 13.20.010 Juveniles funds for from department of social and health services 13.06.050 funds for programs relating to payment by department of social and health services 13.06.050 parole authority of counties 13.40.210 King county hotel-motel tax state convention and trade center, Seattle Ch. 67.40 Lake or beach management districts Ch. 36.61 Land settlement, See COUNTIES, subtitle Homesite lands Land surveys 36.32.370, 36.32.380 Land use appearance of fairness doctrine Ch. 42.36 changes hearing examiner system 35.63.130 comprehensive plans, required elements 36.70.330 petitions, judicial review Ch. 36.70C project review and permit procedures Ch. 36.70B real property damage due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 street improvement is prerequisite to development may contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Lands acquisition of for state highway purposes 47.12.040 Columbia basin project, county lands within Ch. 89.12 federal reclamation areas, county lands within Ch. 89.12 fish and wildlife department lands, payments in lieu of property taxes 77.12.201, 77.12.203 forest lands forest reserve funds distribution, procedure 28A.520.010 surveys 36.32.370, 36.32.380 tax title lands, See COUNTIES, subtitle Tax title land underground storage of natural gas, lease of for 80.40.070 Law enforcement, See also SHERIFFS Law enforcement communications network, participation 43.89.030 Law libraries Ch. 27.24 funding of county and regional libraries from filing fees, amounts 27.24.070, 27.24.090 regional law libraries 27.24.062 funding from filing fees, amounts 27.24.070, 27.24.090 Leases competitive bids, procedure 36.32.253 Legal actions commenced by or against, venue 36.01.050 Legal aid, county funds used for 2.50.040, 2.50.160 Legal services, See PROSECUTING ATTORNEYS Legislative authority appearance of fairness doctrine Ch. 42.36 assumption of rights, powers, functions and obligations of metropolitan municipal corporation by class AA or class A counties, duties as to 36.56.020, 36.56.030, 36.56.040 assumption of rights, powers, functions and obligations of metropolitan municipal corporation by county with population of two hundred ten thousand or more, duties as to 36.56.010 Legislature to provide system of government Const. Art. 11 § 4 Liability for tortious conduct of officers, employees, and volunteers 4.96.010 Liability insurance offenders performing community restitution 36.16.139 Liability of officials, members, immunity 4.24.470 (2008 Ed.) COUNTIES Libraries conditional sales contract by counties for purchase of property for libraries authorized, vote required if exceeds indebtedness 39.30.010 establishment and operation Ch. 27.12 library capital facility areas authorized 36.32.610 location on parks and recreation land authorized 36.68.110 Licenses auctioneers issuance 36.71.080 penalty for violations 36.71.070 dogs Ch. 36.49 farmers, exemption, exceptions 36.71.090 gardeners, exemption 36.71.090 hawkers issuance 36.71.080 penalty for violations 36.71.070 marriage application, content, fee 26.04.160 peddlers application 36.71.020 cancellation 36.71.040 defined 36.71.010 deposit liability of 36.71.050 requirement 36.71.020 fees for 36.71.020 issuance 36.71.020 penalty for violations 36.71.060 record of 36.71.030 veterans exempted from having 73.04.050 produce stands, exemption 36.71.090 trading stamp licenses Ch. 19.83 truck farmers, exemption 36.71.090 Liens delinquent charges 36.89.065 Limitation of actions, application of statute of limitations to actions by 4.16.160 Limited access highway facilities through counties, See HIGHWAYS, subtitle Limited access facilities Lines, changing, special legislation prohibited, exception Const. Art. 2 § 28 Liquor revolving fund distribution 66.08.200 Litter receptacle placement 70.93.090 Livestock running at large, control and enforcement Ch. 16.24 Local government management of program delegated by state final report or study, prerelease copy to local government 43.17.370 Local government service agreements for services and facilities Ch. 36.115 Local health departments administrative officer appointment 70.05.040 responsibilities 70.05.045, 70.05.060, 70.05.070, 70.05.120 biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 residential sharps waste disposal 70.95K.030 state preemption of local definitions 70.95K.011 treatment technologies evaluation 70.95K.020 chair of board 70.05.040 child mortality review employee immunity and records confidentiality 70.05.170 combination with cities authorized 70.08.010 contagious diseases, report of 70.05.110 contracts for sale or purchase of health services 70.05.150 definitions 70.05.010 expenses of enforcement and administration 70.05.130 home rule charters (2008 Ed.) administrative officer 70.05.040 board jurisdiction 70.05.035 local health officers 70.05.050 jurisdiction of board 70.05.030 local health officer appointment, qualifications, term, salary and expenses 70.05.050 contagious diseases, reporting 70.05.110 failure of local health board to appoint, procedure 70.05.080 in-service training program for provisionally qualified officers 70.05.054 powers and duties of 70.05.060 professional qualifications 70.05.051 provisionally qualified officer annual interview 70.05.055 appointment, term, requirements 70.05.053 in-service public health orientation program 70.05.054 raising to full qualification 70.05.055 rules and regulations of state board, duty to enforce, penalty 43.20.050 training program for provisionally qualified officers 70.05.054 physicians and surgeons contagious diseases, reporting 70.05.110 diseases, reporting 70.05.090, 70.05.100, 70.05.110 who determines character of disease 70.05.100 pollution control hearings board, jurisdiction and duties Ch. 43.21B powers and duties of board 70.05.070 septic systems moratorium adoption, procedures and limitations 70.05.160 sewer hookups moratorium adoption, procedures and limitations 70.05.160 solid waste management, adoption of rules and regulations governing, requirement, filing with department of ecology 70.95.160 solid waste management, contracts with department of ecology authorized 70.95.163 vacancies on board 70.05.040 violations, penalties, remedies 70.05.120 water hookups moratorium adoption, procedures and limitations 70.05.160 Local improvement districts classification of property, supplemental authority Ch. 35.51 establishment, procedure 36.94.230 Indian claims settlement, creation for purpose of payment authorized 36.32.540 joint planning and construction of improvement, supplemental authority Ch. 35.51 reserve funds, supplemental authority Ch. 35.51 Local improvement districts, See also LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Counties Local law and justice plan assistance in developing and implementing 36.28A.020 Local sales and use tax Ch. 82.14 Location of county seat not to be changed by special legislation Const. Art. 2 § 28 Long-term care ombudsman program municipal authority 36.39.060 Lost and found property disposition procedure 63.21.060 duties 63.21.060 Low-income housing loans and grants 36.32.415 Low-level radioactive waste waste generator surcharge remittal to counties 43.200.233 Management of county property according to establishment of comprehensive procedures 36.34.005 Manufactured housing housing communities, elimination 36.70.493 moving or installation in mobile home park, permit 36.01.220 placement or use of homes 36.01.225 Maps and mapping comprehensive plan 36.70.330 official controls 36.70.560 Mass public transportation intergovernmental disposition of property, authorized 39.33.050 lease of to political subdivision or municipal corporation, authorized 39.33.050 property exchange with political subdivision or municipal corporation authorized 39.33.050 Massage practitioners licensing or operating fee 36.32.122 Matching funds rural arterial program 36.79.120 Medical examiner system, when authorized to replace coroner’s office 36.16.030, 36.24.190 Mental health courts 2.28.180, 2.28.190 Mental illness children’s mental health services, coordination Ch. 71.36 community mental health services Ch. 71.24 funding for services and facilities 71.05.100, 71.05.530 minors, mental health services Ch. 71.34 regional support networks, See MENTAL ILLNESS, subtitle Community services Mental illness, See also MENTAL ILLNESS Metals mining and milling operations, regulation Ch. 78.56 Methamphetamine addiction programs state funding 70.96A.325 Metropolitan municipal corporations, See METROPOLITAN MUNICIPAL CORPORATIONS Militia enrollment duty of civil officers to make records available to enrolling officer 38.44.060 Mineral and petroleum leases authorized 78.16.010 conveyances of county property, damages to owner 78.16.070 disposition of royalties and rentals 78.16.050 duration, terms, conditions 78.16.020 option to purchase 78.16.020 conveyance 78.16.030 surrender lands 78.16.040 order for contents 78.16.020 surface rights, restrictions 78.16.060 Mobile home parks manufactured/mobile home moving or installation, permit 36.01.220 Mobile homes moving or installation in mobile home park, permit 36.01.220 Money county treasurer as custodian, duties, fee 36.29.020 deposited with treasurer Const. Art. 11 § 15 use of by official, a felony Const. Art. 11 § 14 Moratoria by permit-granting agencies limitation on length 36.70.795 procedures and limitations, exceptions 36.70A.390 public hearing 36.70.795 Morgues control and management 68.52.010, 68.52.020 Mosquito control Ch. 70.22 Mosquito control districts, organization and duties Ch. 17.28 Motor vehicle fund [RCW Index—page 175] COUNTIES distribution of formula for 46.68.122, 46.68.124 generally 46.68.120 Motor vehicle wreckers’ regulation 46.80.160 Motor vehicles for hire vehicles, local licensing and regulation 46.72.160, 46.72.170 special permits for oversize or overweight motor vehicle movement, fees paid to counties, when 46.44.096 violations, venue in justice court 46.52.100 Mt. St. Helens recovery, scope authorized 36.01.150 Multi-family and mixed-use projects establishment, assessments, authorized 35.87A.010 Multi-purpose community centers generally Ch. 35.59 Municipal obligations mutual savings banks, authorized investment for 32.20.090 Municipal research council, membership and functions Ch. 43.110 Name, corporate 36.01.020 National historic towns, designation 36.70A.520 Navigable waters, sale and use by diking districts 85.05.082 Navigation, county property, lease or conveyance to United States 36.34.220, 36.34.230, 36.34.240 Neighborhood self-help projects contracts with community service organizations 35.21.278 New formation may be by special legislation Const. Art. 2 § 28 restrictions on Const. Art. 11 § 3 venue changed to 4.12.070 Newly incorporated city or town county may contract for essential services 35.02.225 county to provide road and law enforcement services 35.02.220 county to provide special districts services 35.02.220 duty to assist during interim 35.02.270 Noxious weed control Ch. 17.10 Offenders performing community restitution workers’ compensation and liability insurance coverage 36.16.139, 51.12.045 Officers and employees 42.23.030 abandonment of duties 36.16.125 appearance of fairness doctrine Ch. 42.36 biweekly pay periods 36.17.042 blind, hearing impaired persons, discrimination prohibited 70.84.080 code of ethics 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 coroners, limitations on persons holding office in counties with populations of forty thousand or more 36.24.175 county treasurer central services department, duties related thereto 36.92.070 department for administration of sewerage, water and drainage systems, personnel merit system, exceptions 36.94.120 deputies authority 36.16.070 duties 36.16.070 elected officials salary schedule 36.17.020 eligibility to hold office 42.04.020 employees authority 36.16.070 duties 36.16.070 hourly personnel, vacations and sick leaves 36.32.390 hours of labor 49.28.010, 49.28.040 insurance group 36.32.400 health care 36.32.400 minimum wages 49.46.010 [RCW Index—page 176] salaries draw days 36.17.040 payment 36.17.040 sick leaves, hourly personnel 36.32.390 subversive activities bars employment 9.81.040, 9.81.060 vacations, hourly personnel 36.32.390 employment by county commissioners, additional authority 36.32.440 health care retirees and disabled 41.04.208, 41.04.212 hospitalization and medical aid for employees and dependents choice in plan or policy to be offered 41.04.180 contracts with health care service contractors authorized 41.04.180 costs not additional compensation, payment of premiums 41.04.190 insurance, participation in state insurance program 41.04.205 militia duty, exemption from 38.44.030 officers abandonment of duties 36.16.125 business completion, liability 36.16.120 draw days, percentage allowed 36.17.040 duties, compensation, elections Const. Art. 11 § 5 elections time of 36.16.010, Const. Art. 6 § 8 embezzlement, failing to pay over fees 36.18.170 enumeration of 36.16.030 expenditures in excess of budget, personal liability 36.40.130 fee and compensation settlement, salary, effect upon 36.17.050 oath of office filing 36.16.060 taking 36.16.040 office hours 36.16.100 office space 36.16.090 official bonds amount 36.16.050 filing 36.16.060 official county paper, use of 36.72.071 public money, use of, felonious Const. Art. 11 § 14 recall, See COUNTIES, subtitle Recall salaries 36.17.010 draw day 36.17.040 payment 36.17.040 warrant withholding, when 36.17.050 terms of office 36.16.020 not to be extended Const. Art. 11 § 8 territorial, terms, bonds Const. Art. 27 § 14 vacancies 36.16.110 how filled Const. Art. 11 § 6 partisan elective offices Const. Art. 2 § 15 power of legislature to prescribe duties, term Const. Art. 11 § 5 resignation, to whom made 42.12.020 salaries, payment 36.17.042 salaries and wages county with population of less than five thousand, combined auditor-clerk 36.16.032 deduction of pledges for United Good Neighbors from 36.17.045 increase during term, when authorized Const. Art. 30 § 1 sheriff, See SHERIFFS sick leave payment 41.48.160 supervisor of county central services department 36.92.030 township, precinct, or road district office, vacancies, how filled Const. Art. 11 § 6 vacancies in office, partisan elective officers Const. Art. 2 § 15 vacancy in partisan elective office, acting official 36.16.115 Official county newspaper county legislative authority, duties as to 36.72.075 forms for public blanks compilation 36.72.080 material for 36.72.090 use by county officers 36.72.071 One percentum tax limitations Const. Art. 7 § 2 On-site sewage disposal systems Ch. 70.118 On-site sewage disposal systems, large Ch. 70.118B On-site sewage disposal systems, marine recovery areas Ch. 70.118A On-site sewage systems local health officer’s authority to waive requirements 70.05.072, 70.05.077 permits 70.05.074 Open spaces, See also COUNTY ROADS AND BRIDGES, subtitle Open spaces; COUNTIES, subtitle Highways—Open spaces Ordinances and resolutions airport joint operations 14.08.200 bridges, acquisition or construction over county roads 36.75.170 port district regulations, adoption 53.08.220 publication, summaries 65.16.160 waste management, requirement, contents 70.95.160 zones and zoning 36.70.720, 36.70.730 Organization of townships in Const. Art. 11 § 4 Owner-built residences construction in counties with populations of five thousand to less than ten thousand, ordinance reenactment 19.27.160 Park and recreation service areas additional areas, later inclusion, procedure 36.68.620 administration 36.68.400 areas includable 36.68.610 bond issues election on 36.68.480 general obligation bonds authorized, indebtedness limitations 36.68.520 budget 36.68.530 chapter 67.20 RCW powers, exercise of 36.68.600 city or town territory, inclusion procedure 36.68.610 community revitalization financing 36.68.527 concessions, proceeds, disbursement of 36.68.560 county current expense fund reimbursement 36.68.570 creation authorized by any county 36.68.400 declaration of formation upon voter approval 36.68.500 election on formation annual excess levy or bond retirement levies election vote required 36.68.490 property tax levy or bond retirement levies election 36.68.480 eminent domain 36.68.555 eminent domain, acquisition of recreational, view point, greenbelt, conservation, historic, scenic, or view purpose land 36.34.340 employees city, county, funding 36.68.541 enlargement after formation 36.68.620 establishment 36.68.470 resolution order in election, election procedure 36.68.470 feasibility hearings findings of board 36.68.460 notice 36.68.440 procedure 36.68.450 recesses 36.68.450 fees and charges for use of facilities, disposition 36.68.550 financing powers 36.68.400 indebtedness limitations, bond issues annual excess property tax levy 36.68.520 (2008 Ed.) COUNTIES initiation procedure, resolution or petition 36.68.410 investigation of feasibility by county legislative authority 36.68.440 local service area fund created 36.68.510 funds deposited in 36.68.510 ownership of facilities, expenditures 36.68.580 petitions contents 36.68.420 signatures 36.68.430 verification of signatures 36.68.430 purchases 36.68.570 purpose of act 36.68.590 reports on feasibility and costs availability to board 36.68.440 filing 36.68.440 resolution contents 36.68.420 six-year regular property tax levies, limitations 36.68.525 tax levies annual excess property tax levy 36.68.520 election on 36.68.480 six-year regular property tax levies, limitations 36.68.525 taxing districts, defined as 36.68.400 Parking and business improvement areas establishment, assessments, authorized 35.87A.010 Parks, name designation 36.32.430 Parks and recreation authority to acquire and operate 67.20.010 build, improve, operate and maintain, enumeration of authorized facilities 36.68.090 board for compensation 36.68.030 powers and duties 36.68.060 removal of members 36.68.050 terms of office 36.68.040 vacancies 36.68.050 charges for use 36.68.090 comprehensive plans, elements of 36.70.350 conditional sales contracts by county for purchase of property for parks authorized, vote required if exceeds indebtedness 39.30.010 formation, all classes of counties 36.69.030 funds for, generally 36.68.070 joint districts, multi-counties authority for 36.69.420 county responsible for maintenance, operation, administration 36.69.450 formation petition 36.69.430 procedure 36.69.440 population determination 36.69.460 libraries on land authorized 36.68.110 local improvements and assessments authority for 36.69.200 hearings 36.69.250 initiation of proceedings 36.69.210, 36.69.220, 36.69.230 park and playground systems, authority 36.68.010 park and recreation districts bonds, general obligation 36.69.140 excess levies, authorization 36.69.140 parks, beaches and camps, authority, generally Ch. 67.20 penalty for violations 36.68.080 recreation districts additional area, authority 36.69.190 area, additional authority 36.69.190 authority for counties 36.69.010 board of commissioners compensation 36.69.110 contract indebtedness 36.69.350 duties 36.69.120 election procedures 36.69.090 issue revenue bonds 36.69.350 (2008 Ed.) jurisdiction 36.69.260 terms of office 36.69.090 vacancies 36.69.100 budget 36.69.160 community revitalization financing 36.69.147 dissolution 36.69.310 fiscal matters expenditures 36.69.170 warrants and vouchers 36.69.150 formation boundaries, fixing 36.69.050 class AA counties, class A counties, second, fourth, eighth or ninth class counties 36.69.030 elections 36.69.065, 36.69.070, 36.69.080 hearing 36.69.040 petition 36.69.020 resolution of cities and towns 36.69.030 local improvement districts authority for 36.69.200 hearings 36.69.250 initiation of proceedings petitions 36.69.210, 36.69.230 resolutions 36.69.210, 36.69.220 notice 36.69.240 notice, to contain statement that assessments may vary from estimates 36.69.245 powers and duties of board 36.69.270 protests 36.69.260 powers of specific enumeration 36.69.130 treasurer, county treasurer as 36.69.150, 36.69.200 violation of rules, penalty 36.69.180 recreational facilities, defined 36.69.010 recreational programs, conduct of 36.68.020 regulation 36.68.090 revenue bonds authorized 36.69.360 form 36.69.370 funding, refunding bonds 36.69.400 issuance 36.69.370 authority for 36.69.410 payment of, covenants, enforcement 36.69.390 purposes 36.69.360 resolution to authorize, contents 36.69.380 seal 36.69.370 term 36.69.370 Pawnbrokers and second-hand dealers, regulatory authority 19.60.075 Peddlers and hawkers license regulations Ch. 36.71 veterans exempted from licensing 73.04.050 Per diem and expenses, county liability for in certain cases 36.01.060 Permits county log tolerance permit 46.44.047 leases or licenses for counties to use toll facilities authorized 47.56.253 Personal protection spray devices restrictions on authority to prohibit use 9.91.160 Personnel merit system, department for administration of sewerage, water and drainage systems, exceptions 36.94.120 Pest districts Ch. 17.12 Pesticide applicators licenses, authorization to issue 17.21.305 Planning and zoning accessory apartments incorporation of report recommendations into local development and zoning regulations 43.63A.215 Planning commissions appearance of fairness doctrine Ch. 42.36 regional, appointment and powers 35.63.070 Planning enabling act, See COUNTIES, subtitle Plans and planning Plans and planning adjustment, board of appointment 36.70.220 creation 36.70.200 meetings 36.70.270 membership 36.70.210 organization 36.70.260 removal 36.70.250 rules 36.70.280 terms of office 36.70.230 vacancies 36.70.240 appearance of fairness doctrine Ch. 42.36 appropriations for 36.70.290 comprehensive plan amendment 36.70.410 approval 36.70.400 authority for 36.70.320 cooperation with affected agencies, preparation 36.70.360 county commissioners approval or change 36.70.440 initiation or change 36.70.430 referral to 36.70.420 defined 36.70.020 development regulations, consistency with plan required 35.63.125, 36.70.545 elements amplification of 36.70.340 required 36.70.330 filing 36.70.370 ground water 36.70.330 planning agencies annual report 36.70.460 cooperation with other agencies 36.70.480 projects relating to 36.70.450 promotion of public interest 36.70.470 portion of county, for 36.70.320 public hearing notice of 36.70.390 requirement 36.70.380 zones and zoning, effect upon 36.70.720, 36.70.730 comprehensive plan and regulations, copy provided to county assessor 36.70.495 comprehensive plans elements optional 36.70.350 conditional or special use permits, when mediation prior to appeal is required 36.32.525, 36.70.678 conferences and travel authority for 36.70.310 expenses of agency members 36.70.310 department of planning alternative to commission 36.70.040 development project review process 36.70A.470 director of planning appointment 36.70.160 authority for 36.70.030 employees 36.70.170 joint county programs 36.70.180 special services 36.70.190 expenditures within amounts appropriated 36.70.290 regional planning as proper purpose for 36.70.015 hearing examiner system, adoption authorized, alternative, functions, procedures 36.70.970 hearing examiner system, land use changes 35.63.130 land use planning, comprehensive agricultural lands innovative zoning techniques 36.70A.177 airports, general aviation 36.70A.510 classification of agriculture, forest, and mineral lands and critical areas guidelines 36.70A.050 comprehensive plans coordination with other plans 36.70A.100 environmental planning pilot projects 36.70A.385 extension of designation date 36.70A.380 [RCW Index—page 177] COUNTIES identification of lands useful for public purposes 36.70A.150 innovative techniques 36.70A.090 major industrial developments 36.70A.365 mandatory elements 36.70A.070 master planned resorts, when authorized by county 36.70A.360 new fully contained communities, when approved in county planning 36.70A.350 noncompliance 36.70A.330 noncompliance and sanctions 36.70A.340, 36.70A.345 open space corridors, identification and purchase of 36.70A.160 optional elements 36.70A.080 order of invalidity 36.70A.335 planning activities and capital budget decisions, conformity with 36.70A.120 private property protection 36.70A.370 public participation ensured 36.70A.140 review, amendments 36.70A.130 state agencies to comply 36.70A.103 sufficient land capacity for development 36.70A.115 transmittal to state 36.70A.106 urban growth areas 36.70A.110 counties required to plan, compliance 36.70A.040 county-wide planning policy 36.70A.210 definitions 36.70A.030 development regulations presumption of validity 36.70A.320 transmittal to state 36.70A.106 greenbelts or open space, adverse possession 36.70A.165 growth management hearings boards appeal by state, limitations 36.70A.310 conduct, procedure, and compensation 36.70A.270 created 36.70A.250 expedited review 36.70A.305 final orders 36.70A.300 invalidity, determination 36.70A.302 judicial review 36.70A.295 matters subject to board review 36.70A.280 member qualifications 36.70A.260 petitions to, evidence 36.70A.290 growth strategies commission, role 36.70A.800 legislative findings 36.70A.010, 36.70A.011 master planned locations 36.70A.367, 36.70A.368 master planned resorts 36.70A.362 military installations, incompatible development 36.70A.530 mineral resource lands 36.70A.131 moratoria by permit-granting agencies limitation on length 36.70.795 procedures and limitations, exceptions 36.70A.390 natural resource lands and critical areas designation 36.70A.170, 36.70A.172 development regulations 36.70A.060 planning goals 36.70A.020 playing fields, compliance 36.70A.171 progress reports 36.70A.180 public participation 36.70A.035 review and evaluation program 36.70A.215 shoreline master programs 36.70A.480 siting of essential public facilities 36.70A.200 submittal phasing 36.70A.045 technical assistance, grants, and mediation services 36.70A.190 transportation element 36.70A.108 wetlands delineation 36.70A.175 manufactured housing communities, elimination 36.70.493 notice, identification of affected property 36.70.315 official controls adoption 36.70.570 [RCW Index—page 178] authority for 36.70.550 county commissioners action 36.70.620 final authority 36.70.650 initiation of 36.70.640 public hearing 36.70.630 recommendation to 36.70.600 reference to 36.70.610 enforcement 36.70.670 forms of 36.70.560 limitation to planning matters 36.70.660 public hearing notice 36.70.590 requirement 36.70.580 planning agencies advisory nature of reports 36.70.710 annual report, status of comprehensive plan 36.70.460 appropriations 36.70.290 assumption of duties 36.70.920 capital expenditure projects notification 36.70.520 relating to comprehensive plan 36.70.530 conferences 36.70.310 cooperation with other agencies 36.70.360, 36.70.480 county commission referral of special matters 36.70.510 reports to 36.70.510 county improvements approval 36.70.700 control 36.70.690 county legislative authority referral procedure 36.70.540 definitions 36.70.020 gifts, acceptance of 36.70.300 information, right of acquisition 36.70.490 joint meetings 36.70.150 meetings 36.70.130 projects, relating to comprehensive plans 36.70.450 public interest, promotion toward comprehensive plan 36.70.470 records 36.70.140 rules 36.70.140 subdivision and platting of land 36.70.680 travel expenses 36.70.310 planning commissions appointment 36.70.080 composition 36.70.070 creation 36.70.030 department to assist 36.70.040 duties imposed by other acts 36.70.920 expenses, authority 36.70.310 officers 36.70.120 removal 36.70.110 right of entry, surveys 36.70.500 terms of office 36.70.090 vacancies 36.70.100 planning enabling act alternative methods 36.70.930 definitions 36.70.020 designation as 36.70.910 duties of planning commissioners by other acts 36.70.920 elective adoptions 36.70.940 purpose and intent 36.70.010 programs for authority 36.70.050 joint county participation 36.70.050 joint directors for 36.70.180 special services 36.70.190 regional planning commission, appointment and powers 36.70.060 grants-in-aid from United States 36.70.060 public purpose of expenditure of funds 36.70.015 restrictions applicable to real property, statement request and contents 36.70.317 right of entry, commission and staff 36.70.500 solar easements solar energy system, defined 36.70.025 zoning adjustor appointment 36.70.220 creation of office 36.70.200 finality of action 36.70.880 orders, findings of fact 36.70.900 powers and duties 36.70.870 Plans and planning, See also PLANS AND PLANNING, subtitle Counties Platting, generally, See PLATTING, SUBDIVISION AND DEDICATION OF LAND Playgrounds, See COUNTIES, subtitle Parks and recreation Plumbers compliance inspections by city or county, pilot project 18.106.280 Police regulations, power to enforce Const. Art. 11 § 11 Political subdivisions within, warrants against 36.22.090 Pollution control bonds and facilities, See POLLUTION CONTROL MUNICIPAL BONDING Pool and billiard halls, licenses and fees 67.12.110 Population basis for allocation of funds 36.13.100 census, authorized 36.13.020 census determination 36.13.030, 36.13.050 classified by Const. Art. 11 § 5 determination 36.13.100 enumerators 36.13.030 fixing by county commissioners 36.13.050 Population determination and certification office of financial management duties 43.62.035 Population of eight thousand or more road engineer, employment 36.80.010 Population of from eight thousand to less than twelve thousand port district dissolution, disposition of funds 53.49.010 Population of less than eight thousand rural arterial program fund eligibility 36.79.140 Population of less than five thousand county clerk, combined with county auditor 36.16.032 Population of less than forty thousand coroner’s officer 36.16.030 Population of one hundred twenty-five thousand or more salary fund, creation of 36.33.060 Population of two hundred ten thousand or more assumption of rights, powers, functions and obligations of metropolitan municipal corporation authority 36.56.010 contracts with cities concerning buildings and related improvements 36.64.070 Port districts, See PORT DISTRICTS Poultry shows admission charge 36.37.100 conduct of 36.37.110 petition 36.37.090 Powers and duties contract 36.01.010 conveyances 36.01.040 corporate 36.01.010 financial transactions, regulations 36.01.240 how exercised 36.01.030 probation and parole services 36.01.070 rent control, state preemption 36.01.130 sue and be sued 36.01.010 Printing contracts for outside state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Prisons and prisoners, See COUNTIES, subtitle Jails Probation and parole services 36.01.070 (2008 Ed.) COUNTIES Probation and parole services, authority 9.95.204, 9.95.206 Produce selling, license requirements 36.71.090 Property land within improvement district assessment of 35.44.140 payment of assessment 35.49.070 transfer to metropolitan park districts 35.61.290, 35.61.300 Property, See also COUNTIES, subtitle County property Property apportionment, district, how decided 36.09.020 Property subject to local improvement assessments, acquisition by cities and towns 35.49.150 Prosecuting attorney, See PROSECUTING ATTORNEYS Prosecuting attorneys driving record, abstract of access 46.52.130 Public assistance, See PUBLIC ASSISTANCE, subtitle County offices Public auction sales, where held 36.16.140 Public buildings, comprehensive plans, elements of 36.70.350 Public corporations transfer of real property to, conditions and limitations 35.21.747 Public defender accused and indigent persons, representation of 36.26.070 appeals 36.26.080 appointment of counsel other than public defender at option of the court 36.26.090 assistance 36.26.060 county commissioners, powers and duties 36.26.060 court, appointment of other than public defender 36.26.090 definitions 36.26.010 duties 36.26.080 election to establish 36.26.030 expenditures 36.26.050 financing 36.26.050 intercounty agreements 36.26.020 powers and duties 36.26.050 qualifications, term 36.26.040 salary 36.26.060 selection committee members 36.26.030 selection of public defender by 36.26.030 Public depositaries all deposits must be made in, exceptions 39.58.080 bonds, when not required 39.58.090 statewide custodian, application of chapter 39.58.155 Public facilities state loans or grants to finance county-wide planning policy, preference to party to 43.17.250 Public facilities districts taxing authority 36.100.210, 36.100.220 Public funds interfund transfers and loans, repayment and crediting procedure 43.09.285 Public health appropriations for 70.12.025 threats to attorney general, duty to enforce 43.20A.660 grant-in-aid payment to local health departments 43.20.200 local health department, grant-in-aid to 43.20.200 notice to violators 43.20A.660 prosecuting attorneys, duties to enforce 43.20A.660 reports of violations, duty of attorney general and prosecuting attorneys to enforce 43.20A.660 Public health, See also COUNTIES, subtitle Health departments (2008 Ed.) Public health and safety facilities acquisition and development of, authority 36.89.030 bonds, general obligation election on proposition 36.89.040 issuance 36.89.040 definitions 36.89.010 delinquent charges, lien 36.89.065 governmental agencies, participation by 36.89.050 participation by other governmental agencies 36.89.050 powers and authority are supplemental 36.89.060, 36.89.062 purpose 36.89.020 transfer of ownership and operation to other governmental agencies 36.89.050 Public hospital districts authorized 70.44.003 generally Ch. 70.44 Public stadium, convention center, and arts facilities Ch. 67.30 Public transportation systems employees payroll deduction for political action committees 35.58.268 Public utilities, comprehensive plans, elements of 36.70.350 Public utility districts construction projects imposing financial burden, compensation 54.36.070 county-wide districts, acquisition of distribution properties 54.32.040 dissolution 54.08.080 formation of new districts 54.08.060 Public water supply chemical contaminants local standards may be stricter 70.142.040 noncomplying systems, corrective plan 70.142.050 Public waterway districts Ch. 91.08 Public works Performance-based contracts for water conservation, solid waste reduction, and energy equipment Ch. 39.35A Public works and purchases community revitalization financing 36.32.121 competitive bids, advertisements 36.32.245 competitive bids, requirements 36.32.235, 36.32.240, 36.32.245, 36.32.270 county hospitals, competitive bids 36.32.240 performance-based contracts 36.32.245, 36.32.250 prevailing wages, legal liability of public agencies to comply with 39.12.042 proposed public works, notification of county planning commission 36.70.520 purchasing department 36.32.240 recycled materials, preferential purchase of 36.32.245 small works roster process 36.32.250 Public works and purchases, See also PUBLIC WORKS Public works assistance account established, purpose 43.155.050 loans or pledges, eligibility 43.155.070 Public works projects competitive bidding requirements 43.155.060 contract awarding, procedure, bid deposits, contractor’s bond 36.32.250 definitions 43.155.020 financing powers of board 43.155.060 legislative policy 43.155.010 loans for preconstruction activities 43.155.068 outcome-focused performance measures 43.155.075 public works assistance account established, purpose 43.155.050 public works board created 43.155.030 financing powers 43.155.060 powers 43.155.040 records, audits 43.155.080 Puget Sound marine resources committees Ch. 36.125 Puget Sound water quality protection, responsibilities Ch. 90.71 Purchases blind made products 19.06.020 conditional sales contracts for purchase of real or personal property authorized, indebtedness limitations 39.30.010 election required if exceeds indebtedness limitation 39.30.010 joint execution with other municipal corporations authorized, indebtedness limitations 39.30.010 electronic data processing and telecommunications systems 39.04.270 interest due when payment is not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 road maintenance materials multiple awards 36.32.256 Purchasing agent duties 36.32.260 Purchasing department 36.32.240 Rail districts, See COUNTY RAIL DISTRICTS Rail fixed guideway systems safety plan, security and emergency preparedness 36.01.210, 36.57.120, 36.57A.170 Railroad crossings allocation of funds for installation and maintenance, to defray costs of 81.53.271 state funds to defray costs of 81.53.281 signals and devices federal funding allocation of installation costs 81.53.295 Railroad crossings, See also RAILROADS Range areas livestock running at large, control and enforcement Ch. 16.24 posting of sign on road entering area 16.24.060 Real property transfer to public corporation, conditions and limitations 35.21.747 Real property, See also COUNTIES, subtitle County property Reclamation, county property, lease or conveyance to United States 36.34.220, 36.34.230, 36.34.240 Recording instruments surcharge local homeless housing and assistance 36.22.1791 Recording of documents approved processes 65.04.030 Recording officer auditor designated as 36.18.005 definitions 36.18.005 fees 36.18.010 Records destruction or donation of, procedure for, retention schedule 40.14.070 electronic access to public records 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.300, 43.105.310 historical records, transfer to depository agency, procedure for 40.14.070 Records of superior court clerk 36.23.030 Recreation districts, See COUNTIES, subtitle Parks and recreation Recreational activities licenses and fees authorized 67.12.021 Recyclable materials collection and transportation by recycling company or nonprofit entity application of chapter 36.58.160 [RCW Index—page 179] COUNTIES collection of source separated material 36.58.040 Recycled products procurement definitions 43.19A.010 duties 43.19A.030 preferential purchase policy 43.19A.040 purpose 43.19A.005 requirements Ch. 43.19A procurement, notice of requirements 43.19A.080 Regional jails 70.48.095 Regional support networks, See MENTALLY ILL, subtitle Community services Regulations, public notice 36.32.120 Relocation assistance for low-income tenants authorization for certain cities, towns, counties, and municipal corporations to require 59.18.440 payments not considered income, eligibility for public assistance unaffected 59.18.450 Rent control, state preemption 36.01.130 Rentals of irrigated land, application toward assessments 36.33.170 Residential care facilities review of need and demand for, implementation of findings 36.32.560, 36.70.755 Restriction as to purpose of indebtedness Const. Art. 8 § 6 Retirement and pensions, investments of public pension and retirement funds Const. Art. 29 §1 Rewards authority, payment 10.85.030 conflicting claims 10.85.040 payment 10.85.050 Right of way donations for transportation improvements advertising signs on donated parcels 47.14.040 credit against district assessment 36.88.145, 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 River and harbor improvements, planning and funding Ch. 88.32 Rivers and streams flood control 36.32.280, 36.32.290, Ch. 86.12, Ch. 86.13 obstruction removal 36.32.290 regulation of 36.32.280 tree removal 36.32.300 Road engineer, employment 36.80.010 Road engineer, records, expenditures 36.80.060 Road maintenance materials multiple awards 36.32.256 Road projects compost products use in 43.19A.110 Roads maintenance materials multiple awards 36.32.256 shoulder driving, permitted, when 46.61.428 speed limits established by secretary of transportation, when 46.61.415 Roads, See also COUNTY ROADS AND BRIDGES Rural local sales and use tax for public facilities 82.14.370 Rural arterial program, See RURAL ARTERIAL PROGRAM Salaries and wages direct deposit into financial institutions 41.04.240 increase during term, when authorized Const. Art. 30 § 1 payroll deductions to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 [RCW Index—page 180] salary fund, reimbursement of fund 36.33.060 Salary schedule for elected officials 36.17.020 Sanitary districts, See SANITARY DISTRICTS Sanitary regulations, power to enforce Const. Art. 11 § 11 Sanitation, department of health assistance 70.54.040 School district expenditure of funds on county buildings 28A.335.140 School districts, administration of trust moneys to benefit 36.01.170 School funds may be invested in bonds of Const. Art. 16 § 5 Schools, certain federal payments to counties designated to reduce districts’ outstanding debts 36.01.200 Seals, official 36.16.050, Const. Art. 27 § 9 Seats, changing removal proceedings for Const. Art. 11 § 2 special legislation prohibited Const. Art. 2 § 28 Second class prosecuting attorneys, private law practice prohibited, when 36.27.060 Senior citizen programs authorization 36.39.060 Service agreements for providing local government services and facilities Ch. 36.115 Service of summons on, personal service 4.28.080 Sewer districts, See WATER-SEWER DISTRICTS Sewer overflows reduction, plans and compliance 90.48.480 Sewer systems charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 credit to finance Const. Art. 8 § 10 low income persons, connection charges, waiver 36.94.370 municipal water and sewer facilities act charges, construction costs payment, release 65.08.180 tap-in, connection, hookup fees, charges, waiver, low income persons 36.94.370 waste disposal facilities, bond issue Ch. 43.99F Sewerage construction by owners of real estate 35.91.020 Sewerage, water and drainage systems, See SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES Sewerage systems contracts with property owners 35.91.020 construction along county roads 35.91.020 municipal water and sewer facilities act construction by property owners along county roads 35.91.020 contract with owners of real estate 35.91.020 waste disposal facilities bond issue Ch. 43.83A waste disposal permits 90.48.160, 90.48.162, 90.48.165, 90.48.170, 90.48.180, 90.48.190, 90.48.195, 90.48.200 Shellfish protection districts and programs Ch. 90.72 Sheriffs responsibility for acts 36.28.010 Sheriffs, See also SHERIFFS Shoreline management act, duties Ch. 90.58 Shoreline master programs 36.70A.480 Short-term obligations Ch. 39.50 Sidewalks, construction 36.75.240 Sixth class port district dissolution, disposition of funds 53.49.020 Small works roster public works projects 36.32.250 Smoking no smoking law local regulations authorized 70.160.080 penalty for violation of paid to county bringing action 70.160.100 Solar easements comprehensive plans, elements of 36.70.350 Solid waste advisory committee organization and duties 70.95.165 Solid waste collection districts, See SOLID WASTE COLLECTION DISTRICTS Solid waste disposal facilities owned by county arbitration and negotiation of impact charges 36.58.080 exempt from municipal tax 36.58.080 municipalities may charge counties for impact mitigation 36.58.080 ownership of solid wastes 36.58.060 responsibility for handling 36.58.060 sites penalty for misuse 36.58.020 rules and regulations 36.58.020 transfer station defined 36.58.030 operation of 36.58.050 waste disposal facilities, bond issue Ch. 43.99F Solid waste disposal districts authorized 36.58.100 boundaries scope restrictions 36.58.130 dissolution 36.58.110 establishment 36.58.110 ordinance 36.58.120 excise tax lien for delinquent taxes and penalties 36.58.140 fees 36.58.130 general obligation bonds 36.58.150 levy 36.58.150 lien delinquent taxes and penalties 36.58.140 modification 36.58.110 powers 36.58.130 revenue bonds 36.58.150 tax lien 36.58.140 taxing authority 36.58.150 Solid waste disposal facility site permit review, issuance, appeal 70.95.185 site review standards 70.95.165 Solid waste handling collection services, imposition of fee on 36.58.045 comprehensive management plan, funding by fee imposed on collection services 36.58.045 contracts between counties and private vendors 36.58.040 contracts between counties and vendors vendor selection 36.58.090 processing and conversion, sale of products 36.58.040 service agreements between counties and private parties 36.58.040 service agreements between counties and vendors vendor selection 36.58.090 site designation 36.58.040 system, establishment 36.58.040 Solid waste handling facilities and services, selection of providers competitive bid law inapplicable 36.32.265 Solid waste management comprehensive plan for, adoption 70.95.080 funds department of ecology authorized to disburse 70.95.268 Solid waste or recyclable materials disposal sites acquisition authority 36.58.010 Source separated materials (2008 Ed.) COUNTIES private business involvement in plan development local solid waste advisory committee to examine 70.95.167 Special attorneys, employment, contract duration 36.32.200 Special detention facilities authority to build and maintain 70.48.210 fees for cost of housing 70.48.380 Special districts disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Special review districts historical sites tax immunity or exemption, conditions 35.21.755 Sports stadium, See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES Stadium, convention center, and arts facilities Ch. 67.30 Stadium and exhibition center admission tax 36.38.010 parking charges tax 36.38.040 construction agreements and property acquisition 36.102.100 deferral of taxes, procedure 36.102.070 definitions 36.102.010 donated moneys 36.102.090 naming rights, use of revenues 36.102.080 parking charges tax at facility 36.38.040 property acquisition and sale 36.102.110 public stadium authority, powers and duties Ch. 36.102 Standard time, observance and exception 1.20.050 State association of elected county officials, standard uniforms for sheriffs, filing of 36.28.170 State building code enforcement 19.27.050 State cooperation, public highways, improvements 36.75.030 State environmental policy Ch. 43.21C State highways county may fund improvements 36.75.035 State-owned lands lease of agricultural fairs 36.37.150 Northern State Hospital, lands adjacent to 36.37.160 Stock restricted areas, designation procedures 16.24.010, 16.24.020, 16.24.030, 16.24.040, 16.24.050 Stocks or bonds of corporation not to be owned Const. Art. 8 § 7 Storm water control facilities acquisition and development of, authority 36.89.030 assessments, rates, and charges 90.03.500, 90.03.510, 90.03.520, 90.03.525 authority to establish 36.89.030 bonds general obligation election on proposition 36.89.040 issuance 36.89.040 revenue, payment from 36.89.042 revenue 36.89.100 credit to finance Const. Art. 8 § 10 definitions 36.89.010 delinquent charges, lien 36.89.065 delinquent service charges, interest rate alternative 36.89.092 foreclosure procedures, alternative 36.89.094 governmental agencies, participation by 36.89.050 lien of delinquent charges, alternative 36.89.093 participation by other governmental agencies 36.89.050 powers and authority are supplemental 36.89.060, 36.89.062 (2008 Ed.) purpose 36.89.020 rates and charges 36.89.080 public property subject to 36.89.085, 36.94.145 rates and charges, county imposition in annexed or incorporated areas 36.89.120, 36.94.470 transfer of ownership and operation to other governmental agencies 36.89.050 utility local improvement districts, special assessment authority 36.89.110 Street projects construction or improvements, prerequisite to property development alternative financing methods 35.72.050 may contract with land owner reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Streets and alleys agreements with cities for planning, construction and maintenance 35.77.020 construction of municipal water and sewer facilities by owners of real estate along county roads 35.91.020 Streets and roads, construction of municipal water and sewer facilities along 35.91.020 Streets projects construction or improvements, prerequisite to property development may contract with land owner 35.72.010 Subdivision, See PLATTING, SUBDIVISION AND DEDICATION OF LAND Subdivision of land, planning agencies review 36.70.680 Subterranean water aquifer protection areas purpose 36.36.010 Superior court judges allocation of 2.08.061, 2.08.062, 2.08.063, 2.08.064, 2.08.065 election, assignment, appointment Const. Art. 4§5 salaries apportionment where in judicial district 2.08.110 payment 2.08.100 serving districts comprising more than one county travel expenses, reimbursement of 2.08.115 visiting judges, expenses of paid by county 2.08.170 Superior courts, See SUPERIOR COURTS Surety governmental construction projects, no security required for building permit issuance 36.32.590 Surface mining, regulation and enforcement Ch. 78.44 Tax on net income prohibited 36.65.030 Tax title land acquisition by cities and towns 35.49.150 chapter as alternative 36.35.070 conveyance to port districts 53.25.050 definition 36.35.020 department of natural resources lands not affected 36.35.080 purpose 36.35.010 trust lands 53.25.060, 53.25.070, 53.25.080 Tax title lands Ch. 36.35 Taxation admissions tax 36.38.010, 36.38.020, 36.38.030 air pollution control 70.94.091 cemetery districts 68.52.290, 68.52.310 cities and towns, off-street parking, in lieu tax payments 35.86A.110 division of, collection and apportionment 36.09.050 exemption of county property from Const. Art. 7 § 1 fire protection districts general levy 52.16.130, 52.16.160 tax levies for 52.16.040 gambling activities authorization, limits 9.46.110 law enforcement purposes 9.46.113 high school levy against nonhigh school districts 28A.545.010, 28A.545.020 horticultural tax 15.08.260, 15.08.270 housing authorities, sums in lieu of 35.83.040 insurance companies, state preemption 48.14.020 levies, review of by state auditor 43.09.265 municipal local improvement assessments, effect 35.49.140 parking charges tax for stadium and exhibition center parking facility 36.38.040 power to assess and collect Const. Art. 11 § 12 property tax county hospitals 36.62.090 county lands assessment fund, limitation 36.33.140 county road fund 36.82.040 county roads and bridges 36.76.120 levy after budget fixed 36.40.090 park and recreation districts, regular levy 36.69.145 park and recreation districts, special levy 36.69.140 property taxes eminent domain in aid of federal or state improvements tax levy to pay costs 8.08.110 refunding bonds, tax levy to meet payments and interest 39.52.035 road district taxes, payment to city street fund 35.02.140 sales tax, See COUNTIES, subtitle Retail sales tax, cities and counties sewerage, water and drainage systems, tax on gross revenues authorized 36.94.160 special stadium sales and use tax 82.14.360 Taxes liability for proportionate share of state Const. Art. 11 § 9 limit Const. Art. 7 § 2 local, legislature not to impose Const. Art. 11 § 12 Taxicab companies cooperative agreements by political subdivisions for joint regulation 81.72.220 local regulatory powers listed 81.72.210 Taxing district relief act Ch. 39.64 Telecommunication device installation for access to emergency services 70.54.180 Telecommunications systems acquisition method for municipalities 39.04.270 Telephones automatic number or location identification, regulation prohibited 36.32.475 Television reception improvement districts, See TELEVISION RECEPTION IMPROVEMENT DISTRICTS Temporary additional tonnage permits for motor vehicles, conditions 46.44.096 Therapeutic courts 26.12.250 Third class prosecuting attorneys, private law practice prohibited, when 36.27.060 Title insurance business, generally Ch. 48.29 Toll facilities, contributions by counties for authorized, financing, reimbursement 47.56.250 Tort claims against Ch. 36.45 bond may not be required of local government entity for any purpose in any case 4.96.050 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Tourism promotion areas Ch. 35.101 Tourism-related facilities [RCW Index—page 181] COUNTIES financing Ch. 67.28 Tourist promotion 36.32.450 Trade centers, annual service fee, distribution to cities and towns 53.29.030 Trading stamps licenses Ch. 19.83 Traffic control devices in conformance to state standards 47.36.030 duty to erect and maintain 47.36.060 erection and maintenance 47.36.100 generally Ch. 47.36 stop signs on county roads 47.36.100 transportation department to furnish at cost 47.36.040 Traffic infractions parks and recreation rules, violation of 36.68.080 recreation districts, violation of rules 36.69.180 Traffic school in Ch. 46.83 Transfer of property or contracts for use for park and recreational purposes 39.33.060 Transportation bus service, agreements for under intergovernmental cooperation 39.34.085 comprehensive plans county transportation authority 36.57.070 county transportation authority acquisition of existing systems 36.57.090 advanced financial support payment from the state 36.57A.150 authorized 36.57.020 bonding power 36.57.090 chairman, appointment 36.57.050 definitions 36.57.010 elements of 36.70.350 employee transfers, preservation of benefits 36.57.090 exclusive authority, transfer of existing funds 36.57.080 expenses, contributions by county, cities and towns 36.57.060 feasibility study, financial support payment 35.58.2712 general manager, powers, compensation, appointment, removal 36.57.050 labor relations 36.57.090 membership, compensation 36.57.030 powers and duties 36.57.040 special needs transportation 36.57.130 transportation fund, disbursements, contributions 36.57.060 maintenance plan, state funding 36.56.121 municipal transit vehicle, defined 46.04.355 municipality, defined 35.58.272 public transportation benefit areas advanced financial support payment from the state 36.57A.150 cities, inclusion requirements, exception 36.57A.040 creation, boundaries 36.57.110 establishment, review by legislative authority 36.57A.030 feasibility study, financial support payment 35.58.2712 special needs transportation 36.57A.180 public transportation improvement conferences convening, when and by whom 36.57A.020 public-private transportation initiatives program Ch. 47.46 regional transportation investment districts Ch. 36.120 unincorporated area service authority, limitations 36.57.100 Transportation, department of, assistance with bond issues 36.76.140 Transportation, See also PUBLIC TRANSPORTATION SYSTEMS Transportation benefit districts generally Ch. 36.73 [RCW Index—page 182] Transportation centers, See TRANSPORTATION, subtitle Transportation centers Transportation facilities, development, See PORT DISTRICTS Transportation improvements, donations of right of way 36.32.510 Transportation projects environmental review collaborative process 36.70A.430 intent 36.70A.420 Travel expenses charge cards 42.24.115 Treasurer, See COUNTY TREASURER Tuberculosis hospitals, See COUNTIES, subtitle County hospitals Twenty-four hour headlight policy on state highways, may request creation by department of transportation 47.04.180 Unclaimed property, disposal Ch. 63.40 Underground electric and communication facilities contracts 36.88.430 electric and communication utilities authorized, provisions 36.88.440 county road improvement districts law application of general provisions of 36.88.480 special assessments 36.88.430 declaration of public interest 36.88.410 definitions 36.88.420 powers of county relating to 36.88.430 procedure to convert, notice, objections, hearing, time limitation 36.88.450 purposes 36.88.410 recording of underground utility installation, filing 36.88.485 special assessments 36.88.430 utility conversion guarantee fund establishment authorized, purpose, deposits, investments 36.88.460 operation 36.88.470 Underground storage tanks, requirements Ch. 90.76 Unfit dwellings appeal provisions 35.80.030 assessment against real property, repair, removal or demolition costs 35.80.030 complaints contents 35.80.030 notice of hearing 35.80.030 service of 35.80.030 definitions for 35.80.020 demolition assessment, lien against property 35.80.030 improvement board creation 35.80.030 powers of 35.80.030 legislative purpose, declaration of 35.80.010 standards for demolition 35.80.030 use and occupancy 35.80.030 Uniformity in system of county government to be provided for Const. Art. 11 § 4 Urban forest management evergreen communities act Ch. 35.105 Utility local improvement districts establishment, procedure 36.94.230 Vacancies in office, partisan elective county officers Const. Art. 2 § 15 election to fill, when 42.12.040 Vehicle parking authority to operate and collect rentals for parking facilities as a part of a courthouse or combined county-city building facility 36.01.080 revenue bonds, authority to issue 36.67.520 Vehicles confidential license plates 46.08.066 marking requirements, exceptions 46.08.065 remarking of previously marked vehicles 46.08.068 violations of license plate or marking requirements 46.08.067 Venereal diseases, See VENEREAL DISEASES Venue actions by or against 36.01.050 Veterans indigent veterans and families, assistance programs Ch. 73.08 meeting places for veterans’ organizations, authority to provide 73.04.070 Vital statistics registrar 70.58.020 Vital statistics, See also VITAL STATISTICS Volunteer labor, nominal compensation not deemed salary 49.46.065 Voting precincts, See COUNTIES, subtitle Elections Warrants airports 14.08.118 bond issues, interest payment, coupons 36.67.070 breaking, when authorized 36.33.090 cancellation after one year 39.56.040 county road fund, used to pay, when 36.82.080 deemed as cash, when 36.33.100 duties of county auditor 36.22.050, 36.22.060, 36.22.070, 36.22.090, 36.22.100 emergencies, payment 36.40.190 interest 36.29.040, 36.29.050 interest rate 39.56.020 lost or destroyed, procedure 39.72.010, 39.72.020 payment 36.29.060 procedure to invest 36.33.080 purchase from current expense fund 36.33.070 rate fixed by issuing officer 39.56.030 salaries of officers and employees 36.17.040 tax refund funds breaking warrant, when authorized 36.33.090 deemed as cash, when 36.33.100 procedure to invest 36.33.080 purchase from current expense fund 36.33.070 Washington health care authority, advancements, contributions to, authorized 70.37.110 Waste reduction and recycling authority 36.58.040 Waste treatment plant operators, certification, See WASTE TREATMENT PLANT OPERATORS Water companies commission may enter into agreements with county to regulate companies located within county 80.28.185 Water conservancy boards, creation and duties Ch. 90.80 Water conservation programs assistance to water customers 36.94.460 financing 36.94.450 revenue bonds issuance authorized 36.94.450 Water districts, See WATER-SEWER DISTRICTS Water pollution control detergent phosphorus content Ch. 70.95L project financing, contracts for state aid 90.48.285 waste disposal permits 90.48.160, 90.48.162, 90.48.165, 90.48.170, 90.48.180, 90.48.190, 90.48.195, 90.48.200 Water pollution control facilities and services, selection of providers competitive bid law inapplicable 36.32.265 Water systems charges, construction cost notice, recording 65.08.170 charges, construction costs payment, release 65.08.180 county assumption of substandard systems, limited immunity from liability 36.94.480 low income persons, connection charges, waiver 36.94.370 municipal water and sewer facilities act (2008 Ed.) COUNTY AUDITORS charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 construction along county roads 35.91.020 construction by owners of real estate 35.91.020 contracts with owners of real estate 35.91.020 tap-in, connection, hookup fees, charges, waiver, low income persons 36.94.370 Water systems, See also SEWERAGE, WATER AND DRAINAGE SYSTEMS— COUNTIES Watercourses flood control 36.32.280, 36.32.290 obstruction removal 36.32.290 regulation of 36.32.280 tree removal 36.32.300 Water-sewer districts authorized 57.04.020 contracts for services to property owners, conditions 57.08.044 conveyance of land for park and recreation purposes 57.08.140 Watersheds cooperative watershed management 36.01.230, 36.89.130, 36.94.490 restoration projects permit processing 36.70.992 Weed districts, organization, powers, and duties Ch. 17.04 Weeds, noxious weed control, See WEEDS Welfare, See PUBLIC ASSISTANCE, subtitle County offices Well sealing and decommissioning, authority 18.104.043 Wharves, docks, and landings Ch. 88.24 Wharves and landings generally, See WHARVES, DOCKS AND PIERS Whistleblower protection proceedings administrative law judge assignment of judge to conduct proceedings at request of local government 34.12.038 costs for proceedings, allocation of responsibility for 34.12.039 Witnesses county liability for payment 36.01.060 Workers’ compensation offenders performing community restitution 36.16.139 World War II reparations municipal employees, redress 41.04.580, 41.04.585, 41.04.590, 41.04.595 Youth agencies, participation 35.21.630 Zoning appearance of fairness doctrine Ch. 42.36 conditional or special use permits, when mediation prior to appeal is required 36.32.525, 36.70.678 Zoo and aquarium advisory authority 36.01.180, 36.01.190 COUNTIES, ASSOCIATION OF Coordination between counties, payment 36.32.350 County road administration board, members appointed by executive committee of 36.78.030 Merger with association of county officials 36.47.070 COUNTY ASSESSORS Administrative programs, coordination, generally Ch. 36.47 Annual report to revenue department 36.21.100 Appraisers continuing education requirements for persons assessing real property 36.21.015 employment 36.21.011 qualifications and examination of persons assessing real property 36.21.015 Assessment rolls mobile home, initial placement 36.21.090 (2008 Ed.) newly constructed property, when placed on 36.21.080 placement of value of property increased in value by construction or alteration on rolls, when 36.21.080 Assessor’s plat, compliance with platting, subdivision and dedication of land act 58.17.050 Building permits, copy to assessor 19.27.140 Buildings newly constructed appraisal 36.21.070 placement on assessment rolls 36.21.080 Certifies taxable valuation to air pollution control authority 70.94.095 Deputies appointment 36.21.011 continuing education requirements for persons assessing real property 36.21.015 qualifications and examination of persons assessing real property 36.21.015 Elective officer, enumeration as 36.16.030 Flood control districts, copies of base assessment map to be filed with 86.09.442 Mobile homes, transfer of ownership county assessor notified, tax payment verification 46.12.105 Mosquito control districts, certification of assessed valuation 17.28.310 Official bonds amounts 36.16.050 filing 36.16.060 Platting, subdivision and dedication of land, assessor’s plat 58.18.010 Public utilities located in another county, assessment 35.21.430, 35.21.440, 35.21.450 Schools and school districts, duties concerning bond issues, validating indebtedness 28A.535.070 copy of decision affecting school district boundary to assessor 28A.645.040 COUNTY AUDITORS Abstracts, preparation of 65.04.140 Acknowledgment of instruments 64.08.010 Administrative programs, coordination, generally Ch. 36.47 Alcoholic beverages, local option petition, duties 66.40.040, 66.40.100 Archives and records management training 36.22.175 Attorney or lobbyist, prohibition against acting as 36.22.110 Banks, corporate filings, See BANKS AND BANKING, subtitle Filings Binding site plan 58.17.040 Board of appraisers and adjusters, when member of 36.08.060 Bond official amount 36.16.050 filing 36.16.060 registrars of titles 65.12.055 Books for records provide and keep records 65.04.020 Budgets estimation 36.40.030 preliminary preparation 36.40.040 Chattel liens, filing notice 60.08.060 Cities and towns under 20,000, general indebtedness bonds, failure to levy tax to pay principal and interest, procedure 35.37.120 Claims against county, audit of 36.22.040 Claims for services, audit of 36.22.080 Claims fund, reimbursement of fund 36.33.065 Combination of office with county clerk in county with population of less than five thousand, salary 36.16.032 Commissioners’ seal, custodian 36.22.020 Construction liens claim of lien recording of notice of claim, requirements and fee 60.04.111 Corporate filings, See CORPORATIONS, subtitle Filings County commissioners clerk of 36.32.110 County legislative authority proceedings, publication 36.22.020 County transportation authority, receipts, disbursements records, warrant payment 36.57.060 Custodian of records 65.04.140 Deeds of trust, reference to master form 65.08.160 Delivery of instrument or paper after recording 65.04.090 Deputies, acknowledgment of instruments 64.08.010 Description and plan of new or limited access highway recorded by 47.28.025 Diking districts signature of petition for formation, when 85.05.083 District court districting committee member 3.38.010 Division of county, duties in regard to 36.09.020, 36.09.035, 36.09.040 Document preservation system modernization, authority to conduct 36.22.160 Duties enumeration 36.22.010 provide and keep records 65.04.020 Elections absentee voting Ch. 29A.40 assistants appointment 36.22.220 qualifications 36.22.230 ballots and other voting forms Ch. 29A.36 canvassing Ch. 29A.60 canvassing board member for bond issue elections 39.40.030 contesting an election Ch. 29A.68 crimes and penalties Ch. 29A.84 deputies appointment 36.22.220 qualifications 36.22.230 disability access voting Ch. 29A.46 elective offices - qualifications, terms, and requirements Ch. 29A.20 filing for office Ch. 29A.24 generally, definitions Ch. 29A.04 initiative and referendum, state Ch. 29A.72 mail ballots Ch. 29A.48 nuclear waste site disapproval Ch. 29A.88 political parties Ch. 29A.80 polling place elections and poll workers Ch. 29A.44 port district consolidation elections, certification 53.46.030 precinct and polling place determination and accessibility Ch. 29A.16 primaries and elections Ch. 29A.52 recounts Ch. 29A.64 redistricting Ch. 29A.76 special circumstances elections Ch. 29A.56 vacancies Ch. 29A.28 voters and registration Ch. 29A.08 voters’ pamphlets Ch. 29A.32 voting systems Ch. 29A.12 Elections, See also ELECTIONS Elections administrators number certified 36.22.220 Elective officer, enumeration as 36.16.030 Eminent domain by city or town petition for condemnation service when school, state, or county lands involved 8.12.080 Encumbrances on real property, satisfaction or release, duty concerning 65.04.060 Endorsement of time and place of record 65.04.090 Expenditures in excess of budget, liability of officials 36.40.130 Federal tax liens [RCW Index—page 183] COUNTY CLERK duties concerning 60.68.045 Fees enumeration 36.18.010 lien for services of sires, filing fees 60.52.050 plats for towns on United States land 58.28.080 recording instruments 65.04.130 Filings with affecting title to real property in federal court 4.28.325 corporations, See CORPORATIONS, subtitle Filings geological surveys of mining claims, reports filed with 78.08.072 platting, subdivision and dedication of land 58.17.170, 58.17.190 Uniform Commercial Code, duties, See UNIFORM COMMERCIAL CODE, subtitle Filing Fire protection districts petition, certification 52.02.030 petition, notice of sufficiency 52.02.035 Fiscal matters, appropriation, monthly report 36.40.210 Highways description of new or limited access highway recorded by 47.28.025 Indexing in accordance with printed or typewritten names on documents 65.04.115 Intercounty petitions for incorporations Ch. 35.02 Judgments affecting real property, recording notice, effect as 65.04.070 Land office receipts, recording of, effect 65.08.050 Liability records and recording errors, exception 65.04.110 school district warrant exceeding budget 28A.350.060 Liens, satisfaction or release, duty concerning 65.04.060 Lis pendens, deed of trust, foreclosure, effect 61.24.040 Logging liens, recording and indexing 60.24.075 Manufactured homes elimination of title notice to county assessor 65.20.120 Marriage certificate family law handbook 2.56.180 Marriage certificates 26.04.100 Marriage licenses disclosure 26.04.175 issuance 26.04.140 preservation of license applications 26.04.105 waiting period, notice 26.04.180 Master form, deeds of trust and mortgage provisions, recording of, recording instruments containing provision of by reference to 65.08.160 Medical service liens, recording 60.44.030 Metropolitan municipal corporations elections, duties 35.58.090 Mining claims 78.08.040 Mining surveys filing with 78.06.020 forwarding to department of natural resources 78.06.030 Mobile home or park model trailer movement permits property tax payment certificate 46.44.170 Mortgages cancellation order 61.16.030 reference to master form 65.08.160 satisfaction or release, duty concerning 65.04.060 Motor vehicle licensing agent of director of licensing, auditor as 46.01.130, 46.01.140 records, destruction, time for 46.01.270 registration renewals, auditor to process mailin renewals 46.01.230 [RCW Index—page 184] special deputies, authority to appoint 46.01.140 subagents, authority to recommend 46.01.140 Name change orders filing and recording 36.22.200 Name changes 4.24.130 Oaths, administration of 36.22.030 Official bonds amount 36.16.050 filing 36.16.060 Orchard and orchard land liens, filing 60.16.020 Platted land binding site plan 58.17.040 Port districts consolidations, duties in regard to 53.46.005, 53.46.030, 53.46.080 formation petition, duties 53.04.020 Process servers registration 36.22.210 regulation Ch. 18.180 Public disclosure reports rules regarding handling and access 42.17.375 Public transportation benefit areas powers and duties 36.57A.130 Recording instruments additional fees for certain documents 65.04.048 books of plats, manner of keeping 65.04.050 books of records, arrangement 65.04.040 deeds of trust, master form provisions 65.08.160 definitions 65.04.015 duties of 65.08.150 entries 65.04.080 entry in wrong records, liability 65.08.140 fees 65.04.130 form and content 65.04.045, 65.04.047 index, manner of keeping 65.04.050 liability for errors in, exception 65.04.110 master form, mortgage or deeds of trust provisions 65.08.160 methods of recording 65.04.040 mortgages, master form provision, reference to 65.08.160 names appearing on records to be printed or typewritten 65.04.115 public inspection 65.04.140 surcharge affordable housing for all 36.22.178 local government archives and records management 36.22.175 local homeless housing and assistance 36.22.179 surcharge for prosecution of mortgage lending fraud deeds of trust 36.22.181 Recording of documents approved processes 65.04.030 Recording officer designation 36.18.005, 65.08.060 document recording approved processes 65.04.030 Records liability for errors in 65.08.140 public highways, informalities, effect 36.75.100 Registrars of titles bond for 65.12.055 designation as 65.12.050 fee, salary 65.12.800 Reports, monthly 36.40.210 Retirement, duties upon 36.22.150 Salaries of judges of superior court apportionment to counties in judicial district 2.08.110 payment 2.08.100 Salary fund, reimbursement of fund 36.33.060 Savings and loan associations filings, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Filings School districts officials signatures filed with 28A.400.020 Schools and school districts duties first and second class districts 28A.350.030 warrants drawing and issuing for second class districts, exceptions 28A.350.040 exceeding budget, personal liability for 28A.350.060 registration all districts 28A.350.010 second class districts 28A.350.020 State auditor, county auditor as ex officio deputy 36.22.140 Survey recording, duties 58.09.110 Townsites on United States land, filing of plat 58.28.030, 58.28.080 Transcripts city harbor lying in two counties, transfer of territory 36.08.090 judgment satisfaction or release, duties concerning 65.04.060 Visiting judges’ expenses 2.08.170 Warrants issuance 36.22.050 original claims, retention 36.22.070 political subdivisions 36.22.090 records 36.22.060 unclaimed, cancellation of 36.22.100 COUNTY CLERK Accountability Const. Art. 11 § 5 Administrative programs, coordination, generally Ch. 36.47 Adoption search for birth parents or children clerk’s duty to provide information regarding sources of assistance 36.23.090 Adoption statistics data 26.33.280 Bonds, official, determination of amount 36.23.020 Books to be kept 36.23.030 Child support payments, disposition 36.48.090 Clerk of superior court, ex officio Const. Art. 4 § 26 Combined with county auditor in county with population of less than five thousand, salary 36.16.032 County with population of less than five thousand, office combined with county auditor 36.16.032 Court exhibits, reporter’s notes, unopened depositions, destruction, sheriff’s disposal, or preservation 36.23.070 Duties legislature to provide Const. Art. 11 § 5 Election of Const. Art. 11 § 5 Elective officer, enumeration as 36.16.030 Fees, enumeration and distribution 36.18.012, 36.18.014, 36.18.016, 36.18.018, 36.18.020 Filings with official bonds 36.16.060 Funds clerk’s trust fund deposits, interest, and investments 36.48.090 deposit 36.48.080 Legal financial obligations collection and distribution 2.56.190 report on collections 36.23.100 Office, location 36.23.080 Official bonds amount 36.16.050 filing 36.16.060 Partition proceedings, See PARTITION Records to be kept 36.23.030 custody and delivery of 36.23.040 destruction and reproduction of 36.23.065 Superior court clerk ex officio Const. Art. 4 § 26 Visiting judges, expense certificate 2.08.170 COUNTY COMMISSIONERS (See also COUNTY LEGISLATIVE AUTHORITY) (2008 Ed.) COUNTY COMMISSIONERS Air pollution control, representation on authorities and councils 70.94.100, 70.94.240 Annexation, boundary review board powers supersede powers of Ch. 35.13, 36.93.220 Auctioneer’s licensing, powers in regard to 36.71.070, 36.71.080 Bailiff’s compensation set by 2.32.360 Board of appeals from, procedure 36.32.330 attorneys, special employment of, contract duration 36.32.200 chairman powers 36.32.100 clerk duties 36.32.110 temporary 36.22.120 coordination between counties authority for 36.32.340 conventions 36.32.360 county airport district board, governing body of 14.08.300 established 36.32.010 meetings regular 36.32.080 special 36.32.090 postponement of action, when 36.32.130 records mutilated, transcribing certification by county auditor 36.32.160 preservation of originals 36.32.170 when authorized 36.32.150 proceedings 36.32.140 transcript of proceedings as prima facie evidence 5.44.070 vacancies, filling of, procedure 36.32.070 Bonds, official 36.32.060 Bridges, franchises on, duties, generally Ch. 36.55 Building codes, authority to adopt 36.43.010 Cities and towns annexation of unincorporated areas, duties Ch. 35.13 drawbridge erection notification 35.74.020 width of draw determination 35.74.030 Clerk duties 36.22.010, 36.32.110 temporary 36.22.120 Compensation extra services 36.32.310 legislature to provide, delegate Const. Art. 11 §5 Comprehensive plans approval or change 36.70.440 initiation or change 36.70.430 referral to 36.70.420 Continuity of government in event of enemy attack, succession to office of county commissioner 42.14.040 Conventions, authority for 36.32.360 Coroner’s account, audit 36.24.180 County assets inventory 36.32.210 County election reserve fund, creation and use 36.33.200 County hospitals powers in regard to 36.62.010 County road districts formation 36.75.060 reports 36.75.060 County road fund, use for city streets 35.77.030 County road improvement districts, generally Ch. 36.88 County roads establishment procedure, generally Ch. 36.81 limited access facilities, commissioners’ powers and duties relating to Ch. 47.52 County roads and bridges, additional powers in regard to 36.75.040 County roads and bridges, See also COUNTY ROADS AND BRIDGES, subtitle County commissioners (2008 Ed.) County seat removal notices 36.12.070 Court commissioner’s salary fixed by 2.24.030 Defined 36.32.005 Diking, drainage, sewerage improvement districts, filing property roll with 85.15.030 Diking and drainage districts reorganization—1917 act, powers in regard to 85.20.140, 85.20.150 reorganization—1933 act, powers in regard to 85.22.130, 85.22.140 Diking districts, See DIKING AND DRAINAGE, subtitle Diking districts Districts division of county into 36.32.020 nomination of candidates 36.32.040 Economic opportunity act of 1964, powers and duties 36.32.410 Election of commissioners 36.32.040, 36.32.050 legislature to provide Const. Art. 11 § 5 Elections canvassing board for bond issue elections, member of 39.40.030 exception for 36.16.010 Elective officers, enumeration as 36.16.030 Emergencies nondebatable 36.40.180, 36.40.190 subject to hearing court review 36.40.170 order of commissioners 36.40.140 payment 36.40.190 suspension of order 36.40.160 taxpayer’s right of review 36.40.150 Employee safety award programs 36.32.460 Employees, employment by, additional authority 36.32.440 Expenditures in excess of budget, liability of officials 36.40.130 emergencies, nondebatable 36.40.180, 36.40.190 Ferries joint ferries between counties, refusal to act, impeachment 36.54.070 regulation of rates 36.53.080, 36.53.090 Fire protection districts hearing for formation 52.02.060 Fire regulations, authority to adopt 36.43.010 Fish and wildlife land, withdrawal of state land from lease 77.12.370 Five-member board division of county into districts, procedure 36.32.0552 new positions how filled 36.32.0552 terms of initially elected commissioners 36.32.0554 nomination by district, election by vote of entire county 36.32.0556 procedure to authorize 36.32.055 quorum 36.32.0556 terms of office 36.32.0556 vacancies, filling of, procedure 36.32.0558 Fixing of county population, census as basis 36.13.050 Flood control districts—1937 act bonds, commissioners to cause assessments for payment of, when 86.09.619 treasurer ex officio, duties 86.09.322 Flood control duties 36.32.280, 36.32.290 Flood control zones, county wide districts, authority of board generally 86.15.025 Health districts, generally Ch. 70.46 Indigent persons, disposal of remains 36.39.030 Insurance, liability insurance against claims against for personal or bodily injury arising out of an official act authorized 36.16.136 Intercounty petitions for incorporation Ch. 35.02 Inventory of county assets, duty 36.32.210 Irrigation districts division, duty of 87.04.030 joint control, formation 87.80.040 organization 87.03.020 Irrigation districts, See also IRRIGATION DISTRICTS Joint ferries between counties, refusal to act, impeachment 36.54.070 Land surveys authority for 36.32.370 record of 36.32.380 Legal aid 2.50.160 declaration of necessity, resolution by 2.50.040 Libraries, duties of commissioners Ch. 27.12 Licenses, auctioneers 36.71.070, 36.71.080 Metropolitan municipal corporations, effect upon Ch. 35.58 Mineral and petroleum leases on county land, duties Ch. 78.16 Mining shafts, abandonment, safeguarding, duties 78.12.060 Navigable waters, sale and use by diking districts, duties 85.05.082 Official bonds amount 36.16.050 filing 36.16.060 Official controls, plans and planning 36.70.600, 36.70.610, 36.70.620, 36.70.630, 36.70.640, 36.70.650, 36.70.660 Official seal, counties 36.16.050 Parks, may designate name of 36.32.430 Planning agencies, special referral matters 36.70.510 Plans and planning approval or change 36.70.440 initiation or change 36.70.430 referral to 36.70.420 Port districts budgets, filing 53.35.040 consolidation, no active port commission 53.46.050 dissolution, no active port commission 53.46.050 industrial development districts, trust lands 53.25.060, 53.25.070, 53.25.080 Powers and duties 36.32.120 Public defender system, election to establish 36.26.030 Public hospital districts, generally Ch. 70.44 Public utility districts boundaries 54.12.010 five commissioner districts, division 54.40.060, 54.40.070 Public works and purchases competitive bidding exemptions 36.32.270 purchasing agent 36.32.260 Public works contractor’s bond, liability for failure to take 39.08.015 Reports to first class school district accounts 28A.330.090 Revenue bonds, issuance of, legislative authority duties 36.67.510, 36.67.520, 36.67.530, 36.67.540, 36.67.550, 36.67.560, 36.67.570 River and harbor improvement districts Ch. 88.32 Road and bridge construction, estimates of expenditures, budget law 36.40.020 Roads closing of or restricting traffic on Ch. 47.48 franchises on, generally Ch. 36.55 Rule-making authority, exclusions 36.32.125 Salaries and wages extra services 36.32.310 salary commissions 36.17.024 Sewer districts, See WATER-SEWER DISTRICTS Sewerage, water and drainage systems adoption, amendment or rejection of general plan 36.94.090 adoption of rules and regulations 36.94.130 general plan, filing 36.94.080 rates and charges, fixing of, factors to be considered 36.94.140 Sewerage, water and drainage systems, See also SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES State limited access facility through county, board of review to review plan, county [RCW Index—page 185] COUNTY CORONERS commissioners to appoint members 47.52.150 Tax levy, county land assessment fund 36.33.120 Terms of office 36.32.030 Town boundaries uncertain, duty in regard to 35.27.040 Traffic school of city or town and county, commissioner’s powers and duties relating to Ch. 46.83 Underground storage of natural gas, lease of county property for 80.40.070 Uniform state standard of traffic devices, copy of to be furnished to 47.36.030 Vacancies in legislature, partisan county elective office, how filled Const. Art. 2 § 15 Vacancies in township, precinct, and road district offices filled by Const. Art. 11 § 6 Water districts, See WATER-SEWER DISTRICTS Watercourses, regulation and control 36.32.280, 36.32.290, 36.32.300 COUNTY CORONERS (See CORONERS) COUNTY COURTS (See SUPERIOR COURTS) COUNTY FAIRS (See AGRICULTURAL FAIRS) COUNTY FERRY DISTRICTS Budget of fund requirements 36.54.150 Dissolution 36.54.190 General indebtedness, bond issuance 36.54.135 Powers, governing body 36.54.110, 36.54.120 Tax levy 36.54.130 Tax levy, excess 36.54.140 Tax levy, general property 36.54.160 Treasurer, ferry district fund 36.54.170 Utilities and transportation commission, not subject to 36.54.180 COUNTY HOSPITALS (See COUNTIES, subtitle County hospitals) COUNTY LEGISLATIVE AUTHORITY (See also COUNTY COMMISSIONERS) Assumption of rights, powers, functions and obligations of metropolitan municipal corporation by class AA or class A counties, duties as to 36.56.020, 36.56.030, 36.56.040 Assumption of rights, powers, functions and obligations of metropolitan municipal corporation by county with population of two hundred ten thousand or more, duties as to 36.56.010 Cities and towns incorporation Ch. 35.02 Coordination between counties state association of counties 36.32.350 County census, authorized 36.13.020 Court commissioners number in county to be determined by authority 2.24.010 Dispute resolution centers surcharge on filing fees in district court and small claims actions authority to impose to fund 7.75.035 District court districting committee, membership 3.38.010 District court judges additional positions, approval by county legislative authority required 3.34.025 request for change in number, procedure 3.34.020 Fire protection districts action on petition to form 52.02.070 annexation of territory petition method, action on 52.04.051 annexation of territory, procedure 52.04.011 district name, change by resolution of authority 52.30.060 elections, declaration of results 52.02.110 formation and organization calling of election 52.02.070 merger of part of district with another district, duties 52.06.090 [RCW Index—page 186] tax levy collection 52.16.040 Fiscal matters, county roads and bridges budget, preparation of 36.82.160 Jail labor, reduction of fines and costs for ratesetting authority 10.82.030 Justice and inferior courts act of 1961 validation of prior action and organization 3.74.940 Leases competitive bids, procedure 36.32.253 Libraries, duties of authority Ch. 27.12 Local law and justice plan 36.28A.020 Meetings regular 36.32.080 special 36.32.090 Official county newspaper designation of 36.72.071 duties as to 36.72.075 Port districts formation resolution 53.04.020 Powers and duties 36.32.120 Proceedings, publication 36.22.020 Prosecuting attorney, duties 36.27.020 Public auction sales, legislative authority to determine where held 36.16.140 Public works contract awarding procedure 36.32.250 small works roster process 36.32.250 Public works and purchases competitive bids 36.32.240, 36.32.245 contract awarding procedure 36.32.240 purchasing department 36.32.240 recycled materials, preferential purchase of 36.32.245 Salaries ratification of pre-election adjustments 36.40.205 Salary schedule, authority to establish 36.17.020 Water districts, See WATER-SEWER DISTRICTS COUNTY OFFICIALS, ASSOCIATION OF Coordinating agency costs and expenses 36.47.040 county administrative program 36.47.030 Financial records, audit 36.47.060 Merger with association of counties 36.47.070 Sheriffs’ uniforms, filing description of standard uniforms 36.28.170 COUNTY PUBLIC TRANSPORTATION AUTHORITY (See COUNTIES, subtitle Transportation, county transportation authority; PUBLIC TRANSPORTATION SYSTEMS, subtitle County transportation authority) COUNTY RAIL DISTRICTS Alternative method of establishment, modification, or dissolution assumption of outstanding indebtedness 36.60.140 determination of county legislative authority 36.60.130 petition 36.60.110 public hearing 36.60.120 Authority to provide rail service 36.60.030 Boundaries 36.60.010 Dissolution notice and hearing 36.60.020 Election 36.60.020 Electors 36.60.010 Eminent domain 36.60.070 Establishment 36.60.010 notice and hearing 36.60.020 Excess property tax levies authorized 36.60.040 Extraterritorial rail services authority 36.60.010 General obligation bonds 36.60.040, 36.60.050 Hearing 36.60.020 Interlocal cooperation agreements 36.60.030 Modification notice and hearing 36.60.020 Notice 36.60.020 Powers 36.60.010 Property tax excess levies authorized 36.60.040 Revenue bonds limitations, terms 36.60.060 State aid 36.60.030 Treasurer 36.60.010 COUNTY ROAD ADMINISTRATION BOARD Board, defined 36.78.010 Certificates of good practice conditional certificate 36.78.100 issuance, effect 36.78.090 Chair, election 36.78.050 Composition 36.78.040 County road engineer, employment of 36.78.080 County road executive director 36.78.060 Created 36.78.030 Day labor construction budgets, standards, violations 36.77.065 Duties 36.78.070 county road and bridges budget, duties relating to 36.82.160 records to be kept by the county road engineer, duties related to 36.80.060 Expenses of, how paid 36.78.110 Meetings 36.78.050 Members appointment 36.78.030 qualification 36.78.040 reimbursement of for expenses 36.78.080 terms 36.78.030 vacancies, filling of 36.78.030 Model maintenance management system 36.78.121 Reports 36.78.070 Rules and regulations 36.78.050 Rural arterial program, See RURAL ARTERIAL PROGRAM Standards of good practice, defined 36.78.020 COUNTY ROADS AND BRIDGES Airspace, rent or lease of, power of county commissioners, limitation on 36.75.040 Alignment of county road may be revised for purposes of limited access highways 47.52.020 Approaches 36.75.130 Bicycle paths, lanes, routes or roadways, construction of, standards 36.75.240 Billboards and signs, railroad grade crossings, regulation of 36.86.100 Bond issues act of 1913 authority for 36.76.080 city assistance 36.76.110 election ballots for 36.76.090 notice 36.76.100 procedure 36.76.090 requirement 36.76.080 proceeds, disposition of 36.76.110 taxes to pay principal and interest 36.76.120 transportation, department of, county assistance 36.76.140 consolidated road improvement districts 36.88.375 county road fund, payment of 36.82.080 Boundary crossings bridges county commissioners’ initiation 36.75.170 county roads 36.75.170 engineer’s report 36.75.190 freeholders’ initiation 36.75.180 streams 36.75.160 county roads, bridges across 36.75.170, 36.75.180 roads acquisition of land outside county 36.75.230 connecting road across third county 36.75.220 maintenance 36.75.210 streams, bridges across 36.75.160 Boundary of city is county road (2008 Ed.) COUNTY ROADS AND BRIDGES city to maintain road 36.75.203 Bridges boundary roads, power to erect over 36.75.170 boundary streams, power to erect over 36.75.160 city streets, county road funds for 36.75.200 county commissioners’ resolution for 36.75.170 freeholders’ petition for 36.75.180 Budgets, See COUNTY ROADS AND BRIDGES, subtitle Fiscal matters Canals and ditches, road improvement districts assessments and benefits 36.88.380 authority for 36.88.015 construction, joint, authority 36.64.060 installation of 36.88.400 maintenance expenses 36.88.350 rights of entry 36.88.390 City streets bridges on, use of county road funds 36.75.200 extension of county road, when 36.75.205 Classification, federal functional classification system application 36.86.070 Closure of or restriction of traffic on authorized, procedure Ch. 47.48 Columbia basin project, establishment by plat 36.81.140 Compensation to county, persons benefiting may be required to 36.87.110 Comprehensive transportation program preparation for ensuing six-year period 36.81.121 Comprehensive transportation program plan to conform to comprehensive plan 36.81.121 Condemnation for aviation site 36.85.020 public land 36.85.030 rights-of-way 36.85.010 Conservation districts ditch maintenance agreement, county road funds 36.82.075 Consolidated road improvement districts bond issuance authority 36.88.375 Construction bids call for 36.77.020 deposits to accompany 36.77.030 opening procedure 36.77.030 contract awarding 36.77.040 contractor’s bond 36.77.040 day labor electrical jobs, maximum annual amount 36.77.065 maximum annual amounts, determination 36.77.065 publication of information 36.77.070 estimates by county commissioners 36.40.020 maps, plans, and specifications 36.77.010 plans and planning for 36.81.130 standards, minimum 36.86.020, 36.86.030 County commissioners bridges boundary streams 36.75.160 county roads 36.75.170 employment of county engineer 36.75.040 powers in regard to 36.75.040 report, secretary of transportation 36.75.260 vacation of roads, generally Ch. 36.87 County engineer, defined 36.75.010 County legislative authority agents of the state 36.75.020 County road administration board, See COUNTY ROAD ADMINISTRATION BOARD County road districts authority for 36.75.060 community revitalization financing 36.75.065 County road executive director 36.78.060 County road fund bicycle paths, lanes, routes and roadways expenditures for 36.75.240 (2008 Ed.) use, authorized, standards 36.82.145 bond issues, payment of 36.82.080 city streets bridges 36.75.200 construction and repair moneys paid into 47.24.050 use of for city streets 35.77.030 construction and maintenance of roads 36.81.090 county road improvement districts maintenance expenses 36.88.350 participation, extent 36.88.340 court actions, use for 36.75.120 creation and deposits to 36.82.010 directional signs, paid from 47.36.040 ditch maintenance agreement with conservation district 36.82.075 expenditure from estimates of expenditures 36.40.020 limitation upon 36.82.020 federal reimbursement 36.82.060 fines for violations disposition to 36.82.210 forest reserve funds distribution, procedure 28A.520.010 forest roads, maintenance 36.82.140 illegal use of, procedure to correct 47.08.100 motor vehicle fund use of receipts from 36.82.050 warrants in anticipation of, payment 36.82.090 proceeds from sale of road building material 36.82.120 purposes authorized for use 36.82.070 sidewalks and pedestrian paths, expenditures for 36.75.240 tax levy for, limitation 36.82.040 toll facilities, use of for county participation 47.56.250 warrants anticipation of motor vehicle funds, payment of 36.82.090 payment of 36.82.080 County road improvement districts AA and A class counties authority to create 36.88.010 additional purposes 36.88.015 arrangements with public agencies and private utilities 36.88.340 assessment reimbursement accounts 36.88.078 assessments appeals of 36.88.100 assessment rolls conclusive effect 36.88.110 objections 36.88.090 canals and ditches, safeguarding 36.88.380 collection, county treasurer’s duties 36.88.130 credit or reduction 36.88.305 fund for 36.88.160 hearings 36.88.095 improvement bonds, effect on 36.88.260, 36.88.270 lien on property foreclosure 36.88.140 superiority 36.88.120 payment record of 36.88.150 payment penalties for delinquency 36.88.140 preliminary determination 36.88.070 property included within 36.88.080 public lands, procedure 36.88.360 reassessments 36.88.110 authorization for 36.88.010, 36.88.015 canals and ditches, safeguarding assessments and benefits 36.88.380 authority for 36.88.015 installation of 36.88.400 maintenance expenses 36.88.350 right of entry 36.88.390 consolidated road improvement districts bond issuance authority 36.88.375 construction or improvement, supervision 36.88.320 costs and expenses credit or reduction of assessments 36.88.305 costs and expenses, what included 36.88.330 creation, resolution for 36.88.060 credits for other assessments 36.88.076 eminent domain, power of 36.88.310 foreclosed property holding in trust 36.88.170 sale or lease of 36.88.180 formation, alternative method 36.88.065 formation, initiation how 36.88.020 notice to contain statement that assessments may vary from estimates 36.88.035 petition hearing 36.88.060 procedure 36.88.050 resolution of election 36.88.040 procedure 36.88.030 frontage units, defined 36.88.010 funds county road fund, extent of participation 36.88.340 guaranty fund for bonds transfer of assets to county general fund 36.88.235 warrants on 36.88.330 transportation department to approve resolution for 47.08.080 hearings 36.88.060, 36.88.062 improvement bonds 36.88.220, 36.88.230 assessments effect on 36.88.260 notice of 36.88.270 authorization 36.88.190 bond owner’s remedies 36.88.250 form and contents 36.88.200 payment cash 36.88.270 installments 36.88.260 unpaid installments 36.88.280 proceeds 36.88.210 repayment, restriction to special funds 36.88.240 sale 36.88.210 signatures 36.88.200 limitation of actions 36.88.290 maintenance, expenses borne by county road fund 36.88.350 method of assessment 36.88.080 selection of 36.88.060 number of frontage units required 36.88.010 organizational costs, expenses 36.88.300 preformation expenditures 36.88.074 property acquisition, power of 36.88.310 refunding bonds, limitations 36.88.295 resolution creating district and ordering improvement 36.88.060 resolution to initiate formation balloting on 36.88.030 contents 36.88.030 notice 36.88.030 publication 36.88.030 roads, drainage, bridges, culverts, sidewalks, curbs and gutters 36.88.010 signatures, determining sufficiency of 36.88.370 street and road lighting systems 36.88.015 sufficiency of petitions, ballots, or objections 36.88.370 treasurer of, county treasurer as 36.88.130 underground electric and communication facilities, special assessments for 36.88.430 waiver of protests 36.88.072 warrants, issuance and payment 36.88.330 Crushed rock, gravel, and other road building material equipment to extract, purchase of 36.82.100 placing on roads, contribution and payment for [RCW Index—page 187] COUNTY ROADS AND BRIDGES standards 36.82.110 proceeds from sale of 36.82.120 surplus sales, limitations 36.82.100 Day labor publication of information 36.77.070 Definitions 36.75.010 Department of, director, defined 36.75.010 Design standards committee, duties concerning 43.32.020 Dikes, roads on or over authority for 36.81.100 condemnation for 36.81.110 Diking and drainage benefits, payments to districts 85.07.040, 85.07.050 Diking and drainage districts, contributions, for benefits 85.24.240 Director, defined 36.75.010 Electric transmission lines 80.32.010 Eminent domain, against, railroads and canal companies 81.36.010 Eminent domain, for aviation site 36.85.020 public land 36.85.030 right-of-way 36.85.010 Equipment and materials centralized storage 36.75.280 extraction equipment, purchase of 36.82.100 sale of surplus 36.82.100 Establishment engineer’s report contents 36.81.050 expense of proceedings 36.81.090 hearing 36.81.080 maps, notes and profiles to be filed 36.81.060 notice of hearing on 36.81.070 freeholders’ petition action on 36.81.040 bond 36.81.020 deeds and waivers 36.81.030 signatures necessary 36.81.020 plans and planning for 36.81.130 resolution of county commissioners 36.81.010 Expenses for, acquisition and maintenance, county road fund, use of 36.81.090 Fiscal matters road budget filing 36.82.170 preliminary supplement adoption 36.82.200 authority for 36.82.180 hearing 36.82.200 notice of hearing 36.82.190 preparation of 36.82.160 Forest reserve funds distribution, procedure 28A.520.010 Forest roads, maintenance of 36.82.140 Franchises on 36.55.010, 36.55.020, 36.55.030, 36.55.040, 36.55.050, 36.55.060, 36.55.070, 36.55.080 electric franchises and rights of way on county roads 80.32.010 limited access facility or joint governmental facility 47.52.090 pipelines, authority 36.55.010 railways, authority 36.55.020 records of 36.55.080 tramroads, authority 36.55.020 validation 36.55.070 wirelines, authority 36.55.010 Funds, See COUNTY ROADS AND BRIDGES, subtitle County road fund; COUNTY ROADS AND BRIDGES, subtitle Motor vehicle fund Government survey corners, monuments at, protection of 36.86.050 Highway commission, defined 36.75.010 Highway department, defined 36.75.010 Highway plat book, county engineer, keeping 36.80.050 Highways, defined 36.75.010 [RCW Index—page 188] Improvement districts, See COUNTY ROADS AND BRIDGES, subtitle County road improvement districts Improvements street abutters county may provide materials 36.75.255 Intersections and entrances coating or discoloring 36.86.060 oil, restriction on use at 36.86.060 Jurisdictional transfers transportation improvement board to receive petitions requesting changes in state highway system 47.26.167 Lease of lands for improvements or airspace above or below, authority, limitation 36.75.040 Limited access facilities, county roads and bridges as, See HIGHWAYS, subtitle Limited access facilities Logs dumped on right-of-way, confiscation and removal 36.86.090 Machinery, equipment and supplies centralized storage 36.75.280 Machinery, equipment and supplies, See also COUNTY ROADS AND BRIDGES, subtitle Equipment and materials Maintenance model maintenance management system 36.78.121 plans and planning for 36.81.130 supervision by county road engineer 36.80.030 supervision of county road engineer 36.80.070 Material for building, See COUNTY ROADS AND BRIDGES, subtitle Crushed rock, gravel, and other road building material Maximum speed limits 46.61.400 Motor vehicle fund anticipation warrants, use of county road fund 36.82.090 audit of county road engineer’s records 36.80.080 deposit in county road fund 36.82.060 maintenance of county roads 36.75.250 Needs data to be supplied to transportation department 47.01.240 Not to be maintained or improved by transportation department as temporary route of new highway or extension 47.04.100 Obstructing or interfering with a public nuisance, penalty 9.66.010 Open spaces acquisition and development of open spaces, authority 36.89.030 authority to establish 36.89.030 bonds, general obligation election on proposition 36.89.040 issuance 36.89.040 definitions 36.89.010 governmental agencies, participation by 36.89.050 participation by other governmental agencies 36.89.050 powers and authority are supplemental 36.89.060, 36.89.062 purpose 36.89.020 transfer of ownership and operation to other governmental agencies 36.89.050 Ordinances classification of county roads according to public expenditures made 36.87.100 where no public expenditures have been made 36.87.110 Pedestrian, defined 36.75.010 Penalty for violations 36.75.290 Plans and planning bicycle paths, included in annual revisions 36.81.122 establishment, construction, and maintenance, county road engineer’s duties 36.81.130 Primitive roads requirements for classification 36.75.300 Private roads or driveways, defined 36.75.010 Railroad, defined 36.75.010 Railroad crossings obstructions, removal 36.86.100 street railways 81.64.030 Range areas, posting of signs 16.24.060 Right of way standard width 36.86.010 Rights-of-way acquisition 36.85.010 condemnation 36.85.010 federal grants over public lands acceptances 36.85.030 ratification of prior acceptances 36.85.040 freeholder petitioners, acquisition by 36.81.030 logs dumped on, confiscation and removal 36.86.090 standard width 36.86.030 toll bridges and related facilities, compensation 47.56.100, 47.56.110 Road engineer authority for 36.75.050 bond 36.80.020 bridges across boundaries, report 36.75.190 county with population of eight thousand or more 36.80.010 duties 36.80.030 employment of 36.80.010 maintenance, supervision of 36.80.030, 36.80.070 office at county seat 36.80.015 plans and planning annual procedure 36.81.130 plans and specifications, preparation of 36.80.070 qualifications 36.80.020 records cost-audit examination 36.80.080 expenditures 36.80.060 highway plat book 36.80.050 numbering of projects 36.80.030 public examination 36.80.015 recording and filing 36.80.040 report on establishment of road content 36.81.050 maps, notes and profiles to be filed 36.81.060 true location of roads, survey to determine 36.75.110 vacation of roads, report 36.87.040 Roads bicycle paths, lanes, routes and roadways, standards 36.75.240 boundary crossings maintenance 36.75.210 bridges over, powers regarding 36.75.170 city streets as extension, when 36.75.205 connecting between two counties, crossing segment of third county 36.75.220 defined 36.75.010 highway purposes 47.04.010, 47.04.020 motor vehicle law purposes 46.04.150 highways abandoned state highway, deemed as 36.75.090 used for ten years, deemed as 36.75.080 worked for seven years, deemed as 36.75.070 location, true action to determine 36.75.120 county commissioners, duties 36.75.110, 36.75.120 county road engineer, duties 36.75.110 survey to determine, content of 36.75.110 maintenance, neglect of, intervention by state 36.75.250 sidewalks along, standards 36.75.240 small works roster process, when used 36.77.075 state intervention, maintenance neglected, payment 36.75.250 traffic devices for, generally Ch. 47.36 vacation (2008 Ed.) COUNTY TREASURER retention of easement for public utilities 36.87.140 Roadway, defined 36.75.010 Rural arterial program, See RURAL ARTERIAL PROGRAM Service districts bonds 36.83.030, 36.83.040, 36.83.060, 36.83.070 special assessments 36.83.050 boundaries 36.83.020 commissioners, appointment and powers 36.83.100 eminent domain 36.83.090 establishment, dissolution, or modification 36.83.020 gifts, grants, donations 36.83.080 governing body 36.83.010 hearings 36.83.020 levies authorized 36.83.030, 36.83.040 local improvement district authorized 36.83.050 local service district fund 36.83.140 ownership of improvements 36.83.130 powers 36.83.010 property taxes excess levy authorized 36.83.030, 36.83.040 referendum and election to retain commissioners 36.83.110 removal of commissioners 36.83.120 special assessment bonds 36.83.050 utility local improvement district authorized 36.83.050 Shoulder driving, permitted, when 46.61.428 Sidewalk, defined 36.75.010 Sidewalks and paths, construction of, standards 36.75.240 Signs, signals, and guideposts, standards for 36.86.040 Speed limits established by secretary of transportation, when 46.61.415 Standards adopted county standard 36.75.020 amendments to 36.86.030 construction, minimum 36.86.020 design standards classification federal functional system 36.86.070 construction and reconstruction 36.86.080 right of way, widths 36.86.010 signs, signals, and guideposts, uniform color, design, etc. 36.86.040 State and county cooperation, authority for 36.75.030 State highway, defined 36.75.010 Street improvements supplies and materials provided to street abutter 36.75.255 Street railway crossing 81.64.030 Surfacing cement concrete or asphaltic concrete, restrictions on use of oil at intersections 36.86.060 crushed rock, gravel, and other materials 36.82.100, 36.82.120 standards 36.82.110 oil or other materials, limitation on use 36.86.060 Tax levy authorization, limitation 36.82.040 expenditures from revenues 36.33.220, 36.79.140 Taxes to pay principal and interest on bonds 36.76.120 Telecommunications companies’ use of rights of way upon 80.36.040 Transportation, department of, county assistance 36.76.140 Unopened for five years, vacation, when deemed 36.87.090 Urban arterial construction advance right-of-way, definition 47.26.320 (2008 Ed.) advance right-of-way revolving fund 47.26.325, 47.26.330 comprehensive transportation program 36.81.121 long-range arterial construction plans 47.26.170 Urban arterial construction, See also HIGHWAYS, subtitle Urban arterial construction Vacation classification of roads according to public expenditures 36.87.100 when no public expenditures 36.87.110 compensation of county amount of compensation required, costs included, payment 36.87.120 condition precedent to vacation, when 36.87.100, 36.87.110 county may require from persons benefiting 36.87.100 expense of proceedings 36.87.070 freeholders’ petition for action on 36.87.030 frontage owners’ petition for bond 36.87.020 resolution of intention 36.87.010 retention of easement for public utilities 36.87.140 road engineer’s report content 36.87.040 hearing 36.87.060 notice of hearing 36.87.050 roads abutting bodies of water 36.87.130 unopened for five years 36.87.090 vote required 36.87.080 Vehicles authorized, type and weight, limitation 36.75.270 COUNTY RURAL LIBRARY DISTRICTS (See LIBRARIES) COUNTY TREASURER Accountability, legislature to prescribe Const. Art. 11 § 5 Administrative programs, coordination, generally Ch. 36.47 Bond issue registration designation of fiscal agent 39.44.130 Bond issues, school districts for, treasurer’s duties expenses paid 28A.530.060 Claims fund, reimbursement of fund 36.33.065 Compensation, legislature to prescribe, delegate Const. Art. 11 § 5 County funds public depositaries, designation 36.48.010 treasurer’s liability, effect 36.48.050 County lands assessment list of lands to be furnished by treasurer 36.33.160 County road improvement districts segregation of certified assessments 36.29.160 treasurers of 36.88.130 County seal 36.29.025 County tax refund warrants, purchase as cash 36.33.100 County transportation authority, transportation fund, custodian of 36.57.060 Credit cards and other electronic transactions, acceptance for payments authorized 36.29.190 Depositaries designation of 36.48.010 Deposits of public funds in financial institutions, reports and statement under oath of 42.17.245 Deposits with, trade centers, annual service fee 53.29.030 Duties enumeration 36.29.010 legislature to prescribe Const. Art. 11 § 5 Educational service district ex officio treasurer, duties 28A.310.410 Election, legislature to provide for Const. Art. 11 §5 Elective officer, enumeration as 36.16.030 Employees disqualification of person convicted of embezzlement or theft 9.96A.020 Fees enumeration of 36.18.045 handling, collecting, dispersing, and accounting for special assessments, fees, rates, or charges 36.29.180 service fee for investment, reinvestment of school funds 28A.320.320 Fees, See also COUNTIES, subtitle Fees of county officers Fines, penalties, forfeitures, and costs disposition 10.82.070 Fire protection districts benefit charges reimbursement of county for administration and collection expenses 52.18.040 financial agent, duty 52.16.010 funds created 52.16.020 First class school district warrants, duties relating to 28A.330.080 Fiscal agent for local government units 39.46.030 Funds, See COUNTIES, subtitle Funds Health department pooling funds 70.08.080 Health districts, handling of funds 70.46.080 Investment of state or county funds, selection of public depositary, authorized investments 36.29.020 Irrigation districts bond issues, registry of 87.22.175 collection of assessments 87.03.440 defined 87.03.438 delinquency list, when not collection agent 87.03.272 joint control, control fund 87.80.190, 87.80.200 monthly statement of receipts 87.03.272 Misappropriation of funds 42.20.090 Moneys custodian of, fee 36.29.020 Mosquito control districts, duties 17.28.258 Motor vehicle license fees and fuel tax, treasurer’s duties relating to 46.68.080 Office, location 36.29.170 Official bonds amount 36.16.050 county depositaries, effect 36.48.050 filing 36.16.060 Official seal, counties 36.16.050 Peddlers’ licenses, records of 36.71.030 Platted land, deposit to cover anticipated taxes and assessments, formula 58.08.040 Port districts consolidated containing land in two or more counties, levy and collection of taxes, treasurer’s duties 53.46.090 local improvement districts, duties in regard to 53.08.050 port funds 53.36.050 treasurer of 53.36.010 Property of deceased persons, duties 36.24.140, 36.24.150 Public depositaries authorized investments 36.29.020 liability for failure or default of depositary 39.58.140 Public facilities districts, duties 36.100.100 Public funds electronic transmission or receipt authorized 39.58.750 Public health pooling fund, generally Ch. 70.12 Public hospital districts, handling of funds 70.44.171 Public transportation benefit areas powers and duties 36.57A.130 Public utility districts segregation of certified assessments 36.29.160 treasurer’s duties 54.24.010 [RCW Index—page 189] COUPONS Qualified public depositaries, limitation on liability of officer for losses occasioned by deposits with 43.85.070 Rail districts 36.60.010 Recreation districts, treasurer of 36.69.150, 36.69.200 Salary fund, reimbursement of fund 36.33.060 Salary warrants drawn on bailiffs, superior courts 2.32.370 reporters of superior courts 2.32.210 School district treasurer duties 28A.510.270 investment, reinvestment of school funds by 28A.320.320 transportation vehicle fund 28A.160.130 Schools and school districts, duties concerning warrants, registration all districts 28A.350.010 second class districts 28A.350.020 Suspension, grounds 36.29.090 Tax deed, limitation on action to cancel 4.16.090 Taxes, collection for cities and towns first class cities duties 36.29.100 monthly accounting 36.29.110 other class cities and towns duties 36.29.130 ex officio collector 36.29.120 Traffic school of city or town and county, treasurer’s powers and duties relating to Ch. 46.83 Unclaimed property sale, fund established 60.60.040 Warrants against county interest 36.29.050 authority for 36.29.040 notation 36.29.050 warrant calls penalty 36.29.060 procedure 36.29.060 Water-sewer districts duties 57.20.135 segregation of certified assessments 36.29.160 COUPONS (See also BOND ISSUES) Bond issues by proxy, first class cities, signatures 35.36.020, 35.45.030 Cities and towns, local improvement guaranty fund, purchase of coupons 35.54.070 County licenses Ch. 19.83 Fire protection districts local improvement districts 52.20.060 Manufacturers, exemptions from trading stamp law 19.83.040 Trading stamps and premiums Ch. 19.84 COURT COMMISSIONERS (See also SUPERIOR COURTS, subtitle Court commissioners) Acts and proceedings, review of by superior court 2.24.050 Appointment of 2.24.010, Const. Art. 4 § 23 Authority of 2.24.040 Decisions conclusions of law, exceptions to, necessity of 4.80.020 findings of fact, exceptions to, necessity of 4.80.020 Exceptions notations in minutes by 4.80.040 stated to 4.80.040 Fees for certain official acts 2.24.040 Judgments and orders, review of by superior court 2.24.050 Jurisdiction of 2.24.040 Juvenile court powers, duties and jurisdiction 13.04.021 review of judgments and orders by superior court 13.04.021 Oath of office 2.24.020 Powers of 2.24.040, Const. Art. 4 § 23 Prejudice affidavit of prejudice 4.12.050 [RCW Index—page 190] change of venue due to prejudice of court commissioner or judge 4.12.040 Pro tempore 2.08.185 Qualifications for 2.24.010 Reports conclusions of law, exceptions to, necessity of 4.80.020 exceptions to ruling or decisions embodied in, necessity 4.80.020 findings of fact, exceptions to, necessity of 4.80.020 Salaries 2.24.030 Seal, official 2.24.040 Small claims appeals, authority 2.24.040 Term of office 2.24.010 Witnesses, power to compel attendance, prepayment or tender of subsistence and travel allowance and fees 5.56.010 COURT CONGESTION REDUCTION ACT OF 1981 (See SUPREME COURT, subtitle Court congestion reduction act of 1981) COURT HOUSES County to provide 2.28.139 Funds, how provided 36.64.040 Jointly with city halls 36.64.010, 36.64.020, 36.64.030 COURT OF APPEALS Administration 2.06.030 Administration and procedure, generally Const. Art. 4 § 30 Administrator for the courts act, application of 2.56.080 Appeal to supreme court 2.06.030 Appeals, exclusive jurisdiction 2.06.030 Authorization, generally Const. Art. 4 § 30 Chief justice defined 2.06.010 Clerk acknowledgment of instruments 64.08.010 fees schedule 2.32.070 powers and duties 2.32.050 Court defined 2.06.010 Court of record 2.06.010 Creation 2.06.010 authority, jurisdiction Const. Art. 4 § 30 Decisions grounds must be set forth 2.06.040 must be in writing 2.06.040 publication of 2.06.040 Defects or omissions in laws, reporting of 2.06.110 Definitions 2.06.010 Discretionary appeals from, supreme court may accept certain appeals at their discretion 2.06.030 Districts defined 2.06.010 number 2.06.020 number of judges 2.06.020 Divisions defined 2.06.010 districts 2.06.020 headquarters 2.06.020 number 2.06.020 number of judges 2.06.020 transfer of causes between 2.06.030 Election, general election defined 2.06.010 Fees 2.32.070 Filing, improper filing with wrong card, effect 2.06.030 Governor, appointment by additional members to the court 2.06.075 new positions created by chapter 420, Laws of 1993 2.06.076 Habeas corpus federal questions raised by, pleading 7.36.140 original jurisdiction as to 7.36.040 power to grant writ 7.36.040 Judge defined 2.06.010 Judges acknowledgment of instruments 64.08.010 affidavit as prerequisite to salary warrant, filing with state auditor 2.06.062 appointment of additional members, election, terms of office 2.06.075 initial members, qualifications 2.06.070 new positions created by chapter 420, Laws of 1993, election, terms of office 2.06.076 court reports commission, duties 2.32.160 disqualification of 2.28.030 election 2.06.070 additional members 2.06.075 new positions created by chapter 420, Laws of 1993 2.06.076 generally Const. Art. 4 § 30 habeas corpus, power to grant writ 7.36.040 judicial gowns 2.04.110 limitation on running for elective office 2.06.090 magistrates are 2.20.020 numbers 2.06.020 oath 2.06.085 per diem and mileage, limitation on 2.06.040 practice of law prohibited 2.06.090, 2.48.200 pro tempore appointment 2.56.170 qualifications 2.06.050 retirement, judicial retirement system, See JUDICIAL RETIREMENT SYSTEM; RETIREMENT AND PENSIONS salary 2.06.062 terms 2.06.070, 2.06.075 terms of new positions created by chapter 420, Laws of 1993 2.06.076 transfers among divisions, by written order of chief justice 2.06.040 travel expenses 2.06.064 vacancies 2.06.080 Judges pro tempore appointment, oath of office 2.06.150 remuneration 2.06.160 Jurisdiction generally 2.06.030, Const. Art. 4 § 30 improper filing, effect 2.06.030 limitations 2.06.030 Limitations on jurisdiction 2.06.030 Omissions or defects in laws, reporting of 2.06.110 Opinions, publication of 2.06.040 Panels majority vote required 2.06.040 number of judges 2.06.040 Pierce county effective date and initial term of position 2.06.024 Power and authority 2.06.030 Procedures 2.06.030 Reports delivery to state law librarian 40.04.030 distribution 40.04.100 distribution by publisher 40.04.110 publication, duties of court reports commission 2.32.160 Retirement 2.06.100 Retirement, See also JUDGES, subtitle Judicial retirement system; JUDGES, subtitle Retirement plans Retirement, See also JUDGES, subtitle Retirement plans Review of superior court, generally Const. Art. 4 § 30 Rules authority to establish own rules not in conflict with rules of the supreme court 2.06.040 defined 2.06.010 Salary of judges of the court 2.06.062 Sessions time for holding 2.04.030 where may be held 2.06.040 (2008 Ed.) COURTS Settlement conferences, supreme court to adopt rules 2.04.215 Snohomish county effective date and initial term of position created in 1989 2.06.022 Terms of judges 2.06.070 additional members 2.06.075 new positions created by chapter 420, Laws of 1993 2.06.076 Transfers of causes to another division 2.06.030 to the supreme court 2.06.030 Vacancies 2.06.080 Voting 2.06.040 COURT ORDERS (See ORDERS OF COURT) COURT RECORDS (See RECORDS AND DOCUMENTS) COURT REPORTERS Certification applications and fees 18.145.090 exemptions 18.145.040 grandfathered 18.145.110 immunity of director and individuals acting in the course of duties 18.145.070 powers of director of licensing 18.145.050 renewal and reinstatement 18.145.100 required 18.145.010 requirements 18.145.080 suspension, revocation, or sanctions 18.145.120 suspension for noncompliance with support order 18.145.127 suspension for nonpayment or default on educational loan or scholarship 18.145.125 unprofessional conduct 18.145.130 Definitions 18.145.020, 18.145.030 Judicial districts appointment of 2.32.180 duties 2.32.200 expenses 2.32.210 qualifications 2.32.180 salaries 2.32.210 Minute entries exceptions entered in 4.80.040 objections to admission of evidence 4.80.030 offer of evidence 4.80.030 rulings on admission of evidence 4.80.030 Salaries 2.32.210 Superior courts amanuensis, to act as 2.32.280 appointment of 2.32.180 change of, transcription of notes authorized 2.32.260 duties 2.32.200 exhibits available to 2.32.290 expenses 2.32.210 files, availability to reporter 2.32.290 judicial districts under 25,000 population joint reporters 2.32.230 office space authorized 2.32.300 other reporting services allowed if not in conflict with duties 2.32.310 pro tempore 2.32.270 qualifications 2.32.180 salaries 2.32.210 transcripts of testimony certification 2.32.240 costs, taxed as 2.32.240 fees 2.32.240 exception 2.32.240 filing 2.32.240 form 2.32.240 who may request 2.32.240 Supreme court appointment of Const. Art. 4 § 18 original opinions available to 2.32.140 proof sheets of reports correction of 2.32.130 to judges 2.32.120 reports of decisions, specifications of reporter’s duties 2.32.110 (2008 Ed.) salary Const. Art. 4 § 18 Uniform regulation of business and professions act 18.145.140 COURTS (See also CITIES AND TOWNS, subtitle Police courts; COURTS OF LIMITED JURISDICTION; JUSTICE AND INFERIOR COURTS) Administrator for the courts, See ADMINISTRATOR FOR THE COURTS Adoption files confidential, exceptions 26.33.340 Adoption proceedings, See ADOPTION Appeals, See COURT OF APPEALS Certiorari proceedings, See CERTIORARI Child abuse temporary restraining order or preliminary injunction contents, notice, noncompliance, penalty 26.44.067 enforcement 26.44.063 Child sexual abuse temporary restraining order or preliminary injunction contents, notice, noncompliance, penalty 26.44.067 enforcement 26.44.063 Child visitation issues jurisdiction 26.50.020 Contempt of court, See CONTEMPT Costs and fees offender’s liability for legal financial obligations Ch. 72.11 Court of appeals, authority, jurisdiction Const. Art. 4 § 30 Court reporters, certification Ch. 18.145 Court rooms, county expense 2.28.140 Courthouse facilitator program 26.12.240 Courts of limited jurisdiction 3.02.010 Courts of limited jurisdiction, See also COURTS OF LIMITED JURISDICTION Courts of record court of appeals designated as 2.06.010 courts of limited jurisdiction 3.02.010 defined Const. Art. 4 § 11 judges not to practice law Const. Art. 4 § 19 superior court, designated as 2.08.030 supreme court, designated as 2.04.020 Deposits in, See DEPOSITS IN COURT Detainers, interstate administrator, state 9.100.060 appropriate court, defined 9.100.020 enforcement 9.100.030 escape, effect 9.100.040 giving over of inmate authorized 9.100.050 request for temporary custody, notice to prisoner and governor 9.100.070 text of agreement 9.100.010 transmission of copies of chapter by secretary of state 9.100.080 Disabilities, persons with court access and accommodations coordinator 2.56.210 Dispute resolution centers alternative to judicial setting Ch. 7.75 Domestic violence deadly weapons surrender of 10.99.040, 10.99.045 electronic monitoring may be required as condition of release of defendant 10.99.040 prohibition of contact with victim 10.99.040 Drug courts, authorization 2.28.170, 2.28.190 Employees unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Estate tax apportionment act, duties Ch. 83.110A Ethics activities incompatible with public duties 42.52.020 agency ethics rules 42.52.200 assisting in transactions, prohibitions 42.52.040 attorney general investigative authority 42.52.530 compensation for official duties or nonperformance 42.52.110 compensation for outside activities 42.52.120 confidential information, release of 42.52.050 construction of ch. 42.52 RCW 42.52.901 definitions 42.52.010 disciplinary action 42.52.520 former state officer or employee employment 42.52.080 rendering assistance, limitations 42.52.090 restrictions on appearing before agency or doing business with state 42.52.100 gift, loan, payment, transfer, or delivery of any thing of economic value to state employee 42.52.170 gifts 42.52.140, 42.52.150 honoraria 42.52.130 identifiable group or interest, service on board, committee, or commission not prevented by association with 42.52.903 investment of public funds, state officer or employee interest in, restrictions 42.52.190 judicial branch officers and employees, enforcement duties of commission on judicial conduct 42.52.370 legislative declaration 42.52.900 limitations period 42.52.540 political campaigns, use of public resources 42.52.180 private gain, use of public resources for 42.52.160 records, improper concealment 42.52.050 special privileges prohibited 42.52.070 testimony of state officer or employee 42.52.060 Evidence, See EVIDENCE Family court, See FAMILY COURT Federal court local law certificate procedure, See FEDERAL COURT LOCAL LAW CERTIFICATE PROCEDURE ACT Firearms forfeiture 9.41.098 possession of, prohibited in areas used for court proceedings, exceptions 9.41.300 Gambling, ordinances adopting state law, jurisdiction 9.46.193 Health care facilities or providers protection of patients and providers 9A.50.070 Highways property acquisition priority in court 47.12.044 Holidays 1.16.050 Inferior courts jurisdiction Const. Art. 4 § 12 legislature may provide Const. Art. 4 § 1 Joint family court services 26.12.230 Judges, See JUDGES Judicial administration, must be open and without delay Const. Art. 1 § 10 Judicial notice agency rules, filed, published 34.05.210 Judicial power vested in specified courts Const. Art. 4 § 1 Jurisdiction, See JURISDICTION Juvenile court, See JUVENILE COURT Land use petitions, judicial review Ch. 36.70C Mental health courts 2.28.180, 2.28.190 Mt. St. Helens proceedings necessary to facilitate recovery given precedence 43.01.215 Municipal, See CITIES AND TOWNS, subtitle Municipal courts Night court, See NIGHT COURT Orders, See ORDERS OF COURT Powers of 2.28.010 Public defense, office of Ch. 2.70 Public safety and education assessment 3.62.090 Purchase of materials and supplies, general administration department powers 43.19.190 Referees [RCW Index—page 191] COURTS MARTIAL review of decision in same manner as court decision 4.48.120 Settlement conferences 2.04.215 Sheriffs, duty in regard to 36.28.010 Small claims Ch. 12.40 Stay of proceedings, See STAY OF PROCEEDINGS Student court programs 3.72.030, 28A.300.420 Superior courts, See SUPERIOR COURTS Supreme court, See SUPREME COURT Suspension of judge or justice 2.64.094 Therapeutic courts 26.12.250 Tracking of felony cases department of corrections to maintain records 10.98.110 Traffic infractions notice of issuance authority 46.63.030 process, issuance, authority 46.63.130 Unclaimed property action to challenge department decision 63.29.260 department to enforce through court 63.29.320 United States, See also UNITED STATES, subtitle District court Venue, See VENUE Visitation jurisdiction 26.50.020 Weapons possession prohibited in, exceptions 9.41.300 Youth courts, See YOUTH COURTS COURTS MARTIAL (See MILITIA AND MILITARY AFFAIRS, subtitle Courts martial) COURTS OF INQUIRY (See MILITIA AND MILITARY AFFAIRS, subtitle Courts of inquiry) COURTS OF LIMITED JURISDICTION Administrator for the courts application 2.56.080 Annual conference of judges judges’ expenses 2.56.060 Appeals from 3.02.020 Assessment fee authority to levy 10.64.120 Collection agencies may be used 3.02.045 Credit or debit card acceptance 3.02.045 Deferred prosecution program Ch. 10.05 Defined 3.02.010 Electronic recording equipment, installation, operation 3.02.040 Judges pro tempore appointments 3.02.060 salaries 3.58.010 Juries and jurors jury management activities 2.36.052 selection of 2.36.050 Marriages, advertising, prohibited 3.66.110 Membership, meetings, and duties Ch. 3.70 Misdemeanors probation services assessment for services 10.64.120 Probation department oversight committee, membership and duties 10.64.120 Probation services misdemeanors assessment for services 10.64.120 liability 4.24.760 Record of proceedings, method of making 3.02.030 Restitution, court-ordered enforcement 3.66.120 payment 3.66.130 Rules for discovery in civil cases, supreme court to adopt 3.02.050 Traffic infractions process, authority to issue 46.63.130 Youth courts Ch. 3.72 COVENANTS Cities and towns, housing authorities enforcement 35.82.180 [RCW Index—page 192] making 35.82.150 Condominium common area or facility covenant providing for partition or division void 64.32.050 Port district toll facilities, bonds and notes 53.34.050 Real property, warranty deeds 64.04.030 Running with the land city agreements for service outside city 35.67.310 industrial development districts, conditions for sale of property deemed covenants running with the land 53.25.120 port district property, sale 53.25.170 Warranty deeds 64.04.030 COVERTURE Abolished 26.16.160 COWLITZ COUNTY Boundaries, tracing of 36.04.080 Mt. St. Helens dredge spoils revenues used for recreational purposes 47.04.230, 47.04.235 Southwest Washington fair commission, abolished 36.90.020 Superior court judges, number of 2.08.064 COWS (See LIVESTOCK) COYOTES "Coyote-getters" devices authorized 9.41.185 CRACK HOUSES (See BUILDINGS, subtitle Crack houses) CREDIT Agreements requiring writings, enforceability Ch. 19.36 Cities and towns warrant payment 43.09.2853 Consumer credit reports Ch. 19.182 Counties credit of not to be given or loaned Const. Art. 8§7 exception, loans for energy conservation Const. Art. 8 § 10 warrant payment 43.09.2853 Credit agreements requiring writings, enforceability Ch. 19.36 Credit cards, See CREDIT CARDS Credit reports adverse action based on report, notice to consumer and procedure 19.182.110 compliance procedures 19.182.060 consumer protection act, application of and penalties for violations 19.182.150 consumer reporting agencies obtaining information under false pretenses, penalty 19.182.130 providing information to unauthorized person, penalty 19.182.140 credit action not initiated by consumer, limitations 19.182.030 definitions 19.182.010 disclosures to consumer 19.182.070, 19.182.080 disputes, notice and response procedures 19.182.090 fees, allowed and not allowed 19.182.100 furnishing, when allowed 19.182.020 governmental agencies, information furnished to 19.182.060 identity theft block of information 19.182.160 information furnished to government agency 19.182.210 security freeze 19.182.170, 19.182.180, 19.182.190, 19.182.200 investigative reports, requirements 19.182.050 liability, limitation on action, exception 19.182.120 obtaining information under false pretenses, penalty 19.182.130 procuring, when allowed 19.182.020 prohibited information, exceptions 19.182.040 providing information to unauthorized person, penalty 19.182.140 recordkeeping requirements 19.182.060 solicitation lists, withdrawal of consumer’s name 19.182.030 transactions not initiated by consumer, limitations 19.182.030 Credit services organizations Ch. 19.134 Debt adjusters, regulation Ch. 18.28 Development credit corporations, See DEVELOPMENT CREDIT CORPORATIONS Disability insurance, See INSURANCE, subtitle Disability insurance Fair credit reporting act Ch. 19.182 False representations as to, penalty 9.38.010 Identity theft to improperly access financial information Ch. 9.35 Insurance, See INSURANCE, subtitle Credit insurance Letters of credit Ch. 62A.5 Letters of credit, See UNIFORM COMMERCIAL CODE, subtitle Letters of credit Municipal corporations credit of not to be given or loaned Const. Art. 8§7 exception, loans for energy conservation Const. Art. 8 § 10 warrant payment 43.09.2853 Partition proceedings, credit on sale of property order of sale to direct 7.52.280 security for 7.52.290 Profiteering Ch. 9A.82 Sewer systems financing Const. Art. 8 § 10 State credit not to be given or loaned Const. Art. 8 § 5, Const. Art. 12 § 9 Statute of frauds Ch. 19.36 Storm water control facilities financing Const. Art. 8 § 10 Transactions, insurance in connection with loans Ch. 48.34 Trustee, power to sell on credit 11.98.070 Unclaimed property 63.29.140 CREDIT CARDS Check cashing identification card number not to be recorded 62A.3-512 Counties may accept 36.29.190 Courts of limited jurisdiction may accept 3.02.045 Credit reports, fair credit reporting act Ch. 19.182 Crimes relating to 9A.56.010, 9A.56.140, 9A.56.280, 9A.56.290, 9A.56.320, 9A.60.010 Factoring, unlawful 9A.56.280, 9A.56.290 Financial institution defined 63.14.010 Financial institution credit card applicable law 63.14.165 credit to account for returned goods, procedure 63.14.167 use of not subject to laws governing installment sales of goods and services 63.14.165 Higher education institutions marketing policies 28B.10.618 Identification use for check cashing identification, conditions 62A.3-512 Identity theft to improperly access financial information Ch. 9.35 Interest permissible 19.52.020 Lender credit card agreement acts of buyer do not constitute waiver of rights or remedies 63.14.160 assignment of agreement allowed 63.14.145 contract provision that buyer will not assert claim or defense is void 63.14.150 (2008 Ed.) CREDIT UNIONS credit to account for returned goods, procedure 63.14.167 defined 63.14.010 delinquency charges limits on 63.14.090 delinquency or collection charges prohibited unless agreement provides 63.14.090 insurance, statements to be included in agreement 63.14.140 notice to buyer, mandatory provision of contract 63.14.120 sale, transfer, or assignment of agreement allowed 63.14.145 security interests prohibited 63.14.125 service charge 63.14.130 seller to advise buyer 63.14.120 transfer of agreement allowed 63.14.145 truth in lending act compliance 63.14.151 violations remedies, limitations on 63.14.175 violations of chapter, remedy, recovery, etc. 63.14.180 Liquor store credit and debit card purchases 66.16.041 Local government use for purchases, conditions 43.09.2855 Motor vehicle and vessel licensing, payment 46.01.235 Receipts, printing restrictions 19.200.010 Sales receipts restrictions 63.14.123 Security interests lender credit card agreement may not require 63.14.125 Service charge maximum 63.14.130 State agencies use by 43.19.185 Superior court fees and financial obligations, electronic payment authorized 36.23.100 Telephone company credit card number or code, prohibited acts, penalty 9.26A.090 Transactions unlawful factoring 9A.56.280, 9A.56.290 Travel expenses, political subdivisions and municipal corporations 42.24.115 CREDIT SERVICES ORGANIZATIONS Contract contents 19.134.060 information prerequisite 19.134.040 notice of cancellation 19.134.060 Damages, fees 19.134.080 Definitions 19.134.010 Enforcement 19.134.070 Information statement contents 19.134.050 required 19.134.040 Prohibited conduct 19.134.020 Surety bond and trust account, requirements and exceptions 19.134.030 Violations 19.134.070 Waiver of rights 19.134.070 CREDIT UNIONS Accounting, compliance with generally accepted principles 31.12.569 Application to organize appeal 31.12.075 approval 31.12.035, 31.12.075 articles of incorporation 31.12.055, 31.12.085 bylaws 31.12.065 commencement of business 31.12.085 denial 31.12.075 fee 31.12.085 Articles of incorporation 31.12.055 amendment 31.12.105 Automated teller machines off-premises electronic facilities 30.43.005 security 31.12.891 Board of directors compensation, reimbursement 31.12.365 election 31.12.225 fiduciary relationship 31.12.267 (2008 Ed.) limitations on personal liability 31.12.269 loans, shall not have favorable conditions 31.12.365 meetings, authority of director to attend 31.12.633 officers 31.12.265 powers and duties 31.12.255 qualifications and eligibility 31.12.235 removal 31.12.246 removal or prohibition orders 31.12.575 risk bond coverage 31.12.367 special meetings, authority of director to call 31.12.630 suspension of board member 31.12.285 suspension of member by supervisory committee 31.12.345 terms 31.12.225 Branch notice of intent to establish 31.12.571 Bylaws 31.12.065 amendment 31.12.115 Committee members limitations on personal liability 31.12.269 loans, shall not have favorable conditions 31.12.365 Conservator appointment, authorized actions 31.12.651 law suits during period of conservatorship 31.12.657 length of service 31.12.661 review of actions 31.12.654 Conversion or merger federal, out-of-state, or foreign to state credit union 31.12.467 state to federal, out-of-state, or foreign credit union 31.12.464 Corporate credit unions authority to organize, operate 31.13.020 definitions 31.13.010 name 31.13.020 powers and authorities 31.13.020 Definitions 31.12.005 Deposits Ch. 30.22 payment to surviving spouse or domestic partner 11.62.030 Development credit corporations, membership in 31.20.070 Dividends 31.12.418 Electronic funds transfers off-premises electronic facilities 30.43.005 Employees bond coverage 31.12.367 removal or prohibition orders 31.12.575 Examinations and investigations confidentiality of reports and information 31.12.565 generally 31.12.545 Federal share insurance program participation 31.12.408 Financial and statistical data reports 31.12.567 Financial institutions, department of director’s powers authority 31.12.404 under chapter 19.144 RCW 31.12.518 examination and supervision 31.12.516, 31.12.637, 31.12.651 supervisory direction by director 31.12.641, 31.12.644, 31.12.647 Group life insurance defined 48.24.035 qualifications 48.24.035 Hearings procedures 31.12.625 violations or unsound practices 31.12.585 Identity theft to improperly access financial information Ch. 9.35 Insolvency voided actions and felonious conduct 31.12.724 Insurance or guarantee requirements 31.12.408 Insurance premium finance company act, application to 48.56.030 Intervention by director, conditions 31.12.637 Investments funds in excess of loans, investment criteria 31.12.436 real property or leasehold interests for own use 31.12.438 Licenses master license system exemption 19.02.800 Liquidation 31.12.664, 31.12.667, 31.12.691, 31.12.694, 31.12.697 procedures and disposition of unclaimed funds 31.12.474 Loans charges, parity with out-of-state national banks 30.04.025 criteria and conditions 31.12.426 limit on amount 31.12.428 secured or unsecured loans 31.12.426 Low-income credit unions 31.12.413 Meetings authority of director to attend 31.12.633 membership annual 31.12.185 special authority of director to call 31.12.630 membership meetings 31.12.195 removal of director 31.12.246 Membership annual meeting 31.12.185 eligibility 31.12.384 expulsion of member, procedures 31.12.388 limitation 31.12.382 special meetings 31.12.195 voting rights 31.12.386 Mergers 31.12.461 Name, words required to be included 31.12.025 night depositories security 31.12.891 Off-premises electronic facilities 30.43.005 Out-of-state or foreign operation within state, authority and conditions 31.12.471 Personal property, receiver’s duties 31.12.701, 31.12.704 Policy declaration 31.12.015 Powers generally 31.12.402 may exercise authority of federal credit unions 31.12.404 Prohibited acts criminal penalties 31.12.850 enumerated 31.12.585 temporary cease and desist order 31.12.595 Public employees payroll deductions at request of employee authorized when institution meets necessary conditions 41.04.245 Receivership 31.12.671, 31.12.674, 31.12.677, 31.12.681, 31.12.684, 31.12.687, 31.12.691, 31.12.694, 31.12.697, 31.12.701, 31.12.704, 31.12.707, 31.12.711, 31.12.714, 31.12.717, 31.12.721, 31.12.728 Records compliance review information, confidentiality Ch. 7.88 Reports financial and statistical data 31.12.567 Risk bond coverage of directors and employees 31.12.367 Satellite facilities 31.12.890 Saturday closing permitted, legal effect 30.04.330 Secretary of state’s duties upon completion of receivership 31.12.707 Shares and deposits limitations 31.12.416 withdrawal, conditions and lien rights 31.12.416 Supervision by director, procedures 31.12.641, 31.12.644, 31.12.647 Supervisory committee duties 31.12.335 membership 31.12.326 [RCW Index—page 193] CREDITORS suspension of committee members or board members 31.12.345 suspension of member 31.12.285 terms 31.12.326 Taxation 31.12.860 Unclaimed property, uniform act Ch. 63.29 Uniform money services act Ch. 19.230 CREDITORS Accounts and books, removing or disposing of to defraud creditors 9.45.080 Actions against debtors, See DEBTS AND DEBTORS Assignment for benefit of creditors, See ASSIGNMENT FOR BENEFIT OF CREDITORS Banks possession by director notice of taking possession by director, no lien rights after 30.44.040 notice to creditors 30.44.060 preferences prohibited 30.44.110 Capital notes or debentures of trust companies and banks, subordinate to rights of creditors 30.36.010 Commission merchants failure to pay consignor creditors action on bond, settlement of claims 20.01.240 Executors and administrators liabilities to, special administrators 11.32.050 Fraudulent transfers defenses, liability, and protection of transferee 19.40.081 definitions 19.40.011 extinguishment of cause of action 19.40.091 fraudulent as to present and future creditors 19.40.041, 19.40.051 insolvency of debtors 19.40.021 obligations, when incurred 19.40.061 remedies of creditors 19.40.071 transfer, when made 19.40.061 value of transfer 19.40.031 Injunctions, temporary injunctions 7.40.020 Insurance companies, deposits, immunity from levy 48.16.130 Insurance in connection with, credit transactions, generally Ch. 48.34 Interest rate 19.52.020, 19.52.030 Judgment creditors, satisfaction of judgment for payment of money only 4.56.100 Partition, See PARTITION Preferences savings and loan associations, transfers for preference of creditors void 33.36.030 Probate claims against estate Ch. 11.40 fraudulent conveyance by decedent to defraud creditors, recovery action 11.48.140 liabilities to creditors, special administrators 11.32.050 special administrators, liabilities to creditors 11.32.050 Satisfaction of judgments specific designation required 4.56.100 Service of process by publication, when 4.28.100 Supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS CREED (See DISCRIMINATION; RELIGION) CREMATION (See also BURIAL AND INTERMENT; CEMETERIES) Authorization 68.50.170 Burial or scatter of remains 68.05.195 Columbariums and mausoleums, construction standards Ch. 68.28 Crematories permit or endorsement 68.05.245 regulation 18.39.217 Definitions relating to cemeteries, morgues, and human remains Ch. 68.04 Individual or group cremation, permission requirements 68.50.185 Mausoleums, See MAUSOLEUMS [RCW Index—page 194] Permit for, registrar of vital statistics 70.58.230 Permit or endorsement 68.05.175, 68.05.390 Permit or endorsement required, penalty for violation 18.39.217 Possession of cremated remains 68.50.270 Recordkeeping requirements 68.50.240 CRIERS Courts of record appointment 2.32.330 number 2.32.330 CRIME PREVENTION Late night retail establishments definitions 49.22.010 employers’ duties 49.22.020 enforcement 49.22.030 CRIME VICTIMS COMPENSATION (See VICTIMS OF CRIMES— COMPENSATION, ASSISTANCE) CRIMES Abandonment of dependent persons defense 9A.42.090 defined 9A.42.010 first degree 9A.42.060 second degree 9A.42.070 third degree 9A.42.080 Abduct, defined for crimes of kidnapping, unlawful imprisonment, and custodial interference 9A.40.010 Abduction, persons punishable 9A.04.030 Abduction, See also CRIMES, subtitle Kidnapping Abortion articles or drugs for, advertising for sale, penalty 9.68.030 concealing birth of fetus or child 9.02.050 defenses to prosecution 9.02.130 unauthorized, penalty 9.02.120 Abortion clinics interference with facilities or providers Ch. 9A.50 Abuse homicide by abuse 9A.04.080, 9A.32.055 Abuse of process Ch. 9.62 Abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board for review of inmate’s sentence requirements 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 Academic credentials, false 9A.60.070 Accelerant detection dog, police dog, or police horse, harming of 9A.76.200 Access devices defined 9A.56.010, 9A.56.040, 9A.56.140, 9A.56.160, 9A.60.010 Accounts public works accounts, falsification 39.04.110 Accused not required to incriminate self Const. Art. 1 § 9 rights of Const. Art. 1 § 22 Adults only label, erotic material, distribution and showing to minors, penalty 9.68.060 Advertising abortion, articles or drugs for 9.68.030 "bank" or "trust", use of restricted to banks and trust companies 30.04.020 bank or trust company advertising legal services or furnishing of 30.04.260 false, untrue, or deceptive 9.04.010, 9.04.050 discontinuance of practice, assurance of, use in evidence 9.04.080 injunction or restraining action against 9.04.060 penalties 9.04.070 gasoline prices 9.04.090 marriage, dissolution of evidence 9.04.040 savings and loan associations, using misleading words use of misleading words 33.08.010 venereal disease cures evidence 9.04.040 Aeronautics downed aircraft rescue transmitter, required for operation, exceptions 14.16.080 federal licensing of aircraft and airmen, penalty for violations Ch. 14.16 survival kits, required for operation, exceptions 14.16.090 violations 47.68.240 Age of legal responsibility of children 9A.04.050 Agricultural handlers, unlawful practices 15.83.030 Agricultural marketing, See AGRICULTURAL MARKETING Agricultural producer associations and members, unlawful practices 15.83.040 Aiding a police officer or officer of the law, civil and criminal immunity, limitation 9.01.055 Aiding and abetting criminal assistance, rendering of defined 9A.76.050 first degree 9A.76.070 relative, defined 9A.76.060 second degree 9A.76.080 third degree 9A.76.090 jurisdiction 9A.04.030 AIDS assault in the first degree 9A.36.011 Air guns on school premises or facilities prohibited, penalties, exceptions 9.41.280 Air pollution control air pollution, causing or permitting, unlawful, exception 70.94.040 violations 70.94.430 Washington clean air act air pollution, causing or permitting, unlawful, exception 70.94.040 Airplanes operation under influence of drugs or alcohol 47.68.220 unlicensed operation 47.68.230 Airport zoning regulations violations 14.12.210 Alcoholic beverages license required, penalty 66.24.481 minors, violations, enforcement, and penalties Ch. 66.44 violations, enforcement, and penalties Ch. 66.44 Alcoholic beverages, See also ALCOHOLIC BEVERAGES, subtitle Crimes and offenses Alien banks, general penalties relating to operation of 30.42.290 Aliens deportation consequences of guilty plea advisement 10.40.200 firearms, license required to carry or possess, exception 9.41.170 Amber alert, false or misleading statement 9A.76.177 Ambulance services, first aid requirements 70.54.065 Ammonia 69.55.010, 69.55.020 Anatomical gifts 68.64.150, 68.64.160 Animal facilities, acts against definition 9.08.090 legislative intent 9.08.080 Animals carcasses, unlawful acts and penalties Ch. 16.68 control of pets infected with diseases communicable to humans, violations and penalties Ch. 16.70 "coyote-getters" devices authorized 9.41.185 cruelty to Ch. 16.52 dog guides or service animals 9.91.170 false certificate of registration or false representation of breed 9.08.030 indictment or information, description of animal, necessity for 10.37.070 (2008 Ed.) CRIMES Search and rescue dogs, interfering with 9.91.175 Anticipatory offenses felonies defined by statute not in Criminal Code attempt, solicitation, or conspiracy, classification of felony 9A.28.010 Antwerp racing pigeons killing, injuring, detaining, unlawful 9.61.190 removing or altering stamp or other mark unlawful 9.61.200 Appeal, court of appeals, limitation on jurisdiction relating to 2.06.030 Apple commission, penalties 15.24.200 Application of general provisions of Criminal Code 9A.04.090 Appropriate lost or misdelivered property or services, defined for theft and robbery 9A.56.010 Archaeological sites and resources crimes relating to 27.53.060 violations and penalties 27.53.090, 27.53.095 Armed offenders notification and warning 10.01.210 Arrest homicide, by public officer, justifiable when 9A.16.040 resisting arrest 9A.76.040 warrantless arrest, when authorized 10.31.100 Arson building, defined 9A.48.010 building ownership immaterial 9A.48.010 damages, defined 9A.48.010 first degree class A felony 9A.48.020 defined, elements 9A.48.020 as grounds for wiretap 9.73.040 limitation of action 9A.04.080 second degree class B felony 9A.48.030 defined, elements 9A.48.030 tampering with fire alarm or fire fighting equipment 9.40.105 Assault child, assault of a first degree 9A.36.120 second degree 9A.36.130 third degree 9A.36.140 custodial assault, correctional facilities 9A.36.041, 9A.36.100 first degree 9A.36.011 fourth degree 9A.36.041 second degree 9A.36.021 strangulation 9A.36.021 third degree 9A.36.031 unborn quick child 9A.36.021 Assault and battery injury to person, erroneous allegation in indictment or information as to person injured immaterial 10.37.090 Assault by watercraft 79A.60.060 Attempt, criminal 9A.28.020 Attempts included offense 10.61.003 specification of 10.61.010 Attorney general investigation and prosecution, concurrent authority, costs 43.10.232 Auctioneers fraud concerning 9.45.070 Auto theft prevention authority Ch. 46.66 Auto transportation companies 81.68.080 Bail jumping 9A.76.170 classes of crime 9A.76.170 Bailable, when not capital Const. Art. 1 § 20 Banks acquisition or control, application, notice requirements, violations of 30.04.405 advertising, use of "bank" or "trust" restricted in banks and trust companies 30.04.020 advertising legal services furnished 30.04.260 alien, general penalties relating to operation of 30.42.290 (2008 Ed.) certification of checks without funds 30.16.010 commingling trust funds or securities prohibited 30.04.240 destroying or secreting records 30.12.100 examinations false swearing is perjury 30.04.060 violation of confidentiality 30.04.075 false statements as to assets or liabilities 30.12.090 falsifying books 30.12.090 general penalty 30.12.190 insolvent bank receiving deposit 9.24.030 legal services, solicitation or furnishing of 30.04.260 loans commission or gratuity for procuring 30.12.110 trust funds, loans to officers and employees from prohibited 30.12.120 unlawful practices 30.04.510 penalty, generally 30.12.190 preferences of creditors prohibited 30.44.110 receiving deposit while insolvent 30.44.120 penalty 9.24.030, 30.44.120 transfers in contemplation of insolvency 30.44.110 trust business, commingling trust funds or securities 30.04.240 use of word "bank" restricted to banks and trust companies 30.04.020 violation order removing or prohibiting participation by officers or employees 30.12.047 Barratry defined, penalty 9.12.010 disbarment for 9.12.010 district judge or deputy, by 9.12.020 Baseball bribery and grafting 67.04.010, 67.04.020, 67.04.030, 67.04.040 corrupt playing 67.04.050 inducing minor to unlawfully contract 67.04.150 Benefit, defined 9A.04.110 Bids and bidding agreement made outside state no defense 9.18.150 collusion to prevent competitive bidding on public works, penalty 9.18.130 suppression of competitive bidding on public works, penalty 9.18.120 Bigamy class C felony 9A.64.010 defenses to prosecution 9A.64.010 defined 9A.64.010 limitation of actions 9A.04.080 Bills of lading delivery of goods without taking or canceling bill of lading 22.32.050 fictitious 22.32.020 Bills of lading, See also BILLS OF LADING, subtitle Crimes relating to Birds false certificate of registration of breed, penalty 9.08.030 places for fighting of, public nuisance, penalty 9.66.010 Birthing centers licensing violations 18.46.120, 18.46.130 Blind, hearing impaired persons unauthorized use of white cane, dog guide, or service animal prohibited, penalty 70.84.060 white cane law discrimination because of prohibited, penalty Ch. 70.84, 70.84.080 penalty for violation 70.84.070 Boating offense compact Ch. 88.01 Boats and vessels lights or signals, tampering with 88.08.020 operating while intoxicated 9.91.020 prohibited activities and penalties Ch. 79A.60 public nuisance upon, maintaining or permitting 9.66.030 safety laws decriminalization of certain offenses Ch. 7.84 serial or identification number, destroyed, removed, etc., buying, selling, or possession of 46.12.300 Bodily harm, assault 9A.36.021 Bodily injury, defined 9A.04.110 Boilers, operating without spark arrester 9.40.040 Boilers and pressure vessels, operating without inspection 70.79.320 Bomb threats 9.61.160 Bonds facsimile signatures on, fraud by printer or engraver 39.44.101 Bookmaking defined 9.46.0213 Boxing, martial arts, and wrestling penalties, general 67.08.150 Brands and marks affixed, when deemed 9.16.050 coin silver, use of words 9.16.110, 9.16.130 commercial feed 15.53.9022 counterfeiting 9.16.030 forest products and equipment, See FORESTS AND FOREST PRODUCTS gold, misrepresentation as to carat or fineness 9.16.140 imitating lawful brand 9.16.020 livestock 9.16.010 marked, stamped and branded, defined 9.16.150 petroleum products, mislabeling 9.16.080 registration, fraudulent oil, gasoline 9.16.060 registration of trademark, etc. 9.16.060 removing or altering 9.16.010 sterling silver, use of words 9.16.100, 9.16.120 timber 9.16.010 Brass knuckles, use or possession of prohibited 9.41.250 Bribe receiving by a witness definition and elements 9A.72.100 Bribery class B felony 9A.68.010 defined, elements 9A.68.010 public office, trading in 9A.68.040 public servant 9A.68.010, 9A.68.020, 9A.68.030, 9A.68.040 public servant, influence trading 9A.68.050 Bribery and grafting school officials, by, penalty 28A.635.050 self-incrimination, witness as to bribery not excused on ground of 9.18.080 warehouses for storage of agricultural commodities, bribing of inspectors 22.09.770 witnesses self-incrimination, witness not excused on ground of self-incrimination 9.18.080 Bribing a witness definition and elements 9A.72.090 Budget law violations 43.88.270 Bugging private conversations 9.73.030 Building, defined for arson, reckless burning, malicious mischief 9A.48.010 Buildings public nuisance maintained or permitted in 9.66.030 threatening to bomb 9.61.160 Burglary concurrent crime prosecuted separately 9A.52.050 crime committed while in act of, punished separately 9A.52.050 enter, defined 9A.52.010 enters or remains unlawfully, defined 9A.52.010 first degree [RCW Index—page 195] CRIMES assault while engaged in 9A.52.020 class A felony 9A.52.020 deadly weapon, armed with 9A.52.020 defined, elements 9A.52.020 intent 9A.52.020 intent inference of 9A.52.040 license, defined 9A.52.010 making or having burglar tools defined 9A.52.060 premises, defined 9A.52.010 privilege, defined 9A.52.010 prosecution inference of intent 9A.52.040 residential 9A.52.025 second degree class B felony 9A.52.030 defined 9A.52.030 tools, making or having defined 9A.52.060 gross misdemeanor 9A.52.060 Bus stations conduct at, unlawful 9.91.025 Buses conduct on, unlawful 9.91.025 Business opportunities 19.110.120, 19.110.160 Cable television services civil cause of action 9A.56.250 connection of nondecoding and nondescrambling channel frequency converter permissible 9A.56.260 forfeiture and disposal of device 9A.56.230, 9A.56.240 subscription services, theft 9A.56.220 subscription services, unauthorized use defined 9A.56.010 Campers serial or identification number, destroyed, removed, etc., buying, selling, or possession of 46.12.300 Cannabis, See DRUGS, subtitle Marijuana Carnal knowledge of children prevention of procreation as punishment 9.92.100 Cemeteries damage or destruction 68.60.040 damage or destruction of grounds or property Ch. 68.56 Cemeteries, morgues, and human remains Title 68 Certification, false 9A.60.050 Charitable solicitations, violations 19.09.275 Charitable trusts, violations of Ch. 11.110, 11.110.140 Checks or drafts certification without funds 30.16.010 unlawful issuance class C felony, amount 9A.56.060 "credit", defined 9A.56.060 defined 9A.56.060 gross misdemeanor, amount 9A.56.060 intent, presumption of 9A.56.060 unlawful stop-payment order class C felony, amount 9A.56.060 gross misdemeanor, amount 9A.56.060 Child molestation limitation of actions 9A.04.080 Child victims and witnesses definitions 7.69A.020 legislative intent 7.69A.010 rights enumeration of 7.69A.030 notice of failure to give, liability 7.69A.040 Children abuse council for children and families Ch. 43.121 reporting Ch. 26.44 age of legal responsibility 9A.04.050 assault of a child first degree 9A.36.120 second degree 9A.36.130 third degree 9A.36.140 [RCW Index—page 196] concealing birth of fetus or child 9.02.050 crimes related to indecent exposure 9A.88.010 use of force 9A.16.100 criminal mistreatment 9A.42.010 defenses 9A.42.050 endangerment with a controlled substance 9A.42.100 first degree 9A.42.020 fourth degree 9A.42.037 leaving a child in the care of a sex offender 9A.42.110 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support system, exemption from chapter 9A.42.040 homicide by abuse 9A.32.055 inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 leaving children unattended in parked automobile to enter tavern 9.91.060 permissible discipline 9A.16.100 pornography, See SEX OFFENSES refrigeration equipment abandoned where accessible to children Ch. 9.03 selling—buying class C felony 9A.64.030 sex offense criminal trespass against definitions 9A.44.190 sex offenses contact with 9A.44.100 criminal trespass against covered entities 9A.44.193 penalty 9A.44.196 misconduct with a minor first degree 9A.44.093 second degree 9A.44.096 molestation first degree 9A.44.083 second degree 9A.44.086 third degree 9A.44.089 sexual abuse limitation of actions 9A.04.080 testimony of child witness or victim by closed circuit television 9A.44.150 sexual contact with child’s statement, admissibility of 9A.44.120 sexual exploitation of children Ch. 9.68A substitution of child to deceive 9.45.020 Churches bomb threats 9.61.160 Cigarettes minors 26.28.080 Cities and towns bicycle paths, use of for other purposes 35.75.020 budgetary provisions, failure to comply with 35.32A.090 failure to comply with budgetary law in cities and towns under 300,000, penalty 35.33.170 penalties for criminal acts under state law, limitations 35.21.163 sewer connection without permission 35.67.350 water pollution, penalty 35.88.040 Civil disorder training 9A.48.120 Civil infractions failure to exercise options, misdemeanor 7.80.160 Civil remedies preserved, rule of construction 9.01.120 Civil service for city firemen violations 41.08.210 city police 41.12.210 sheriff’s employees 41.14.220 Classes of crimes 9A.04.040 Classification of crimes 9A.20.010 Code cities agreement with county to handle cases, arbitration 35A.11.200 Coercion defined 9A.36.070 gross misdemeanor 9A.36.070 Colleges and universities interfering by force or violence with administrator, faculty member, or student 28B.10.570 exemption 28B.10.572 intimidating by threat of force or violence any administrator, faculty member, or student 28B.10.571 exemption 28B.10.572 term papers, theses, dissertations, sale of prohibited 28B.10.582, 28B.10.584 By color or aid of deception, defined for theft and robbery 9A.56.010 Commercial bribery defined 9A.68.060 Commercial telephone solicitations prohibited practices, penalty 19.158.160 solicitation without registration, penalty 19.158.150 Commercialization, disposition of profits 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.250, 7.68.260, 7.68.270, 7.68.280 Commission brokers and merchants 20.01.460 Common carriers bomb threats 9.61.160 discrimination to deny public accommodations because of race, color, or creed 9.91.010 liability provisions, penalty for violation 81.29.040 Common law supplemental to penal statutes 9A.04.060 Communications intercepting private admissibility of evidence obtained by 9.73.050 exceptions, when permitted 9.73.040, 9.73.070, 9.73.090 intercepting private communications 9.73.030, 9.73.040 telephone, calling to harass, intimidate, torment or embarrass 9.61.230 Community custody violations 72.09.310, 72.09.311 Complete written instrument, defined for fraud 9A.60.010 Complicity 9A.08.020 Compounding defense to prosecution 9A.76.100 defined, elements 9A.76.100 gross misdemeanor 9A.76.100 Computer trespass 9A.48.100, 9A.52.010, 9A.52.110, 9A.52.120, 9A.52.130 Computers hardware trade-in or exchange, prohibited acts Ch. 19.194 Conduct another person’s, liability for, when 9A.08.020 Conspiracy criminal conspiracy 9A.28.040 labor disputes, participation in as grounds for injunction 49.32.060 subversive activities 9.81.020 Contagious diseases crimes related to 70.05.120 Contempt of court criminal act constituting contempt at same time may be punished as crime also 9.92.040 violation of injunction against moral nuisances, penalty 7.48.080 Contraband, defined for chapter on obstructing governmental operation 9A.76.010 Contraband, introduction into detention facility (2008 Ed.) CRIMES first degree class B felony 9A.76.140 defined 9A.76.140 Contractors registration requirements’ violations 18.27.020 Controlled atmosphere storage of fruits and vegetables 15.30.210 Controlled substances, See CRIMES, subtitle Drugs Controlled substances, uniform act Ch. 69.50 Conviction records state patrol employer requests 43.43.815 Convictions bars to subsequent prosecution Ch. 10.43 corruption of blood, conviction does not work Const. Art. 1 § 15 doubt as to degree of offense, lesser degree must be used 9A.04.100, 10.58.020 evidence beyond reasonable doubt required for 9A.04.100, 10.58.020 executor or administrator, persons convicted of crime involving moral turpitude disqualified to serve as 11.36.010 jurisdiction required 10.01.050 lesser degree than charged or attempt 10.61.010 necessary before punishment 10.01.050 personal representatives, persons convicted of crimes involving moral turpitude prohibited from serving as 11.36.010 proof required for 9A.04.100 requisites for 10.01.060 several defendants, conviction or acquittal of any one or more 10.61.035 vacancy in office caused by 42.12.010 verdict of, reconsideration if mistake in law 10.61.060 Convicts firearms delivery to prohibited 9.41.080 Coroner’s jury, nonattendance 36.24.030 Corporations conspiracy, forfeiture of franchise 9A.08.030 criminal liability corporate 9A.08.030 personal 9A.08.030 criminal liability of persons 9A.08.030 documents, signing false document, penalty 23B.01.290 forgery in stock subscription 9.24.010 fraud false prospectus, report, or financial condition 9.24.050 forgery in stock subscription 9.24.020 insolvent bank receiving deposit 9.24.030 issuance or conveyance of stock or evidence of debt 9.24.020 license, doing business without, penalty 9.24.040 prospectus or report, falsity in, penalty 9.24.050 real or personal property, fraudulent conveyance or encumbrance 9.24.020 stock forgery in stock subscription 9.24.010 fraudulent issuance or conveyance of 9.24.020 Corporations, relating to banks, See BANKS AND BANKING, subtitle Crimes relating to use of "bank" or "trust" in name of restricted, penalty 30.04.020 Corrections officers disarming 9A.76.023, 9A.76.025, 9A.76.027 Counterfeiting Ch. 9.16 forestry brands and marks 76.36.120 trademarks, liability and damages, injunction 19.77.140 Counties auctioneers, operating without license 36.71.070 (2008 Ed.) budget law violations 36.40.240 hawkers, operating without license 36.71.070 parks and recreation rules, violation of 36.68.080 peddling without license 36.71.060 penalty for a crime under state law, limitation 36.01.160 recreation districts, violation of rules 36.69.180 roads and bridges, limitation of vehicles on 36.75.270 roadways, coating or discoloring 36.86.060 solid waste disposal sites, misuse 36.58.020 unlawful construction of approach to county roads 36.75.130 County census taking, violations 36.13.070 County commissioners, inventory of county assets 36.32.210 County officers taking illegal fees 36.18.160 County property, inventory by county commissioners 36.32.210 County treasurer, payment of warrants 36.29.060 Courts, interference with Ch. 9.27 "Coyote-getters" devices authorized 9.41.185 Credit extortionate extension of credit 9A.82.020, 9A.82.030, 9A.82.040 Credit cards defined for theft and robbery 9A.56.010 factoring, unlawful 9A.56.280, 9A.56.290 presumption of possession 9A.56.140 telephone company credit card number or code, prohibited acts 9.26A.090 Credit unions, prohibited acts 31.12.850 Criminal assistance, rendering of defined 9A.76.050 first degree 9A.76.070 relative, defined 9A.76.060 second degree 9A.76.080 third degree defined 9A.76.090 misdemeanor 9A.76.090 Criminal attempt 9A.28.020 Criminal Code application 9A.04.010 rules of construction 9A.04.020 Criminal conspiracy criminal classification 9A.28.040 defined 9A.28.040 Criminal conversation costs and disbursements, limitation on recovery by plaintiff 4.84.040 Criminal identification, See STATE PATROL, subtitle Identification and criminal history section Criminal impersonation 9A.60.040, 9A.60.045 Criminal justice costs, county petition for reimbursement of extraordinary costs 43.330.190 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Criminal mistreatment terminally ill persons, palliative care not criminal mistreatment 9A.42.045 Criminal mistreatment of children or dependent person arresting officer, notification by 9A.42.039 defense, financial inability 9A.42.050 defined 9A.42.010 endangerment with a controlled substance 9A.42.100 first degree 9A.42.020 fourth degree 9A.42.037 leaving a child in the care of a sex offender 9A.42.110 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support systems not applicable to chapter 9A.42.040 Criminal negligence, defined 9A.08.010 Criminal records child sexual assault information identifying victims is confidential 10.97.130 dissemination of 10.97.120 Criminal records privacy act 10.97.120 Criminal solicitation defined 9A.28.030 punishment 9A.28.030 Criminal trespass defenses 9A.52.090 first degree defined 9A.52.070 gross misdemeanor 9A.52.070 second degree defined 9A.52.080 misdemeanor 9A.52.080 Cruel punishment prohibited Const. Art. 1 § 14 Cruelty to animals Ch. 16.52 Culpability 9A.08.010 Custodial assault by juvenile transfer to department of corrections, procedure 13.40.280 Custodial interference assessment of costs against defendant 9A.40.080 defenses 9A.40.080 first degree 9A.40.060 second degree 9A.40.070 Custodial sexual misconduct 9A.44.160, 9A.44.170, 9A.44.180 Custody, defined for chapter on obstructing governmental operation 9A.76.010 Cyberstalking 9.61.260 Dagger, intimidation of another 9.41.270 Dairy products, unlawful acts and sales Ch. 15.36 Dairy products commission violations, penalty 15.44.170 Damages, defined for arson, reckless burning, malicious mischief 9A.48.010 Dangerous weapons aiming or discharging, gross misdemeanor 9.41.230 brass knuckles 9.41.250 exemption for law enforcement officers 9.41.250 exhibitions, dangerous, prohibited 9.41.260 intimidation or threats of another, unlawful 9.41.270 nun-chu-ka sticks, possession on school premises or facilities, penalty, exceptions 9.41.280 possessing on school premises or facilities, penalty, exceptions 9.41.280 slung shot 9.41.250 switch blade knives 9.41.250 throwing stars, possession on school premises or facilities, penalty, exceptions 9.41.280 Dead bodies, See CRIMES, subtitle Human remains Deadly force defined 9A.16.010 justifiable, when 9A.16.040 Deadly weapon special verdict 9.94A.602 Deadly weapons defined 9A.04.110 providing to person in detention 9A.76.140 rioter armed with class C felony 9A.84.010 Debt, collection of unlawful debt 9A.82.045 Debt adjusters, violations 18.28.190 Deception, defined for theft and robbery 9A.56.010 Decriminalization of certain boating safety offenses Ch. 7.84 Decriminalization of certain criminal offenses 7.80.900 Defacing a state monument 9A.48.110 Defenses bars to subsequent prosecution Ch. 10.43 bigamy 9A.64.010 compounding 9A.76.100 criminal trespass 9A.52.090 detention for shoplifting 9A.16.080 [RCW Index—page 197] CRIMES discharging defendant to give evidence for codefendant, bar to subsequent prosecution 10.46.110 discharging defendant to give evidence for state, bar to subsequent prosecution 10.46.110 duress 9A.16.060 entrapment 9A.16.070 extortion, second degree 9A.56.130 false imprisonment, shoplifting arrest suit, reasonable cause or reasonable delay is defense civil suit 4.24.220 force, lawful use of 9A.16.020 force, use of, when lawful 9A.16.020 homicide committed by private person, justifiable, when 9A.16.050 when excusable 9A.16.030 insanity 9A.12.010 intoxication to be considered in determination of mental state 9A.16.090 not a defense to crimes 9A.16.090 justifiable homicide by public officer 9A.16.040 libel and slander 9.58.020, 9.58.040, 9.58.050, 9.58.070 murder, second degree, establishment 9A.32.050 necessary, defined 9A.16.010 outdoor music festival, campground detention, investigation of drug or alcohol abuse 4.24.710, 9A.16.120 property, defense of 9A.16.020 prostitution sex of parties immaterial 9A.88.050 public nuisance, unequal damage no defense 9.66.020 rights of accused Const. Art. 1 § 22 self-defense 9A.16.020, 9A.16.050, 9A.16.110 theft 9A.56.020 Definitions 9A.04.110 Dental hygienists, licensing violations 18.29.100 Dentistry 18.32.735, 18.32.745 Dependencies, persons with indecent liberties 9A.44.100 rape and indecent liberties 9A.44.010 Dependent persons criminal mistreatment 9A.42.010 defenses 9A.42.050 endangerment with a controlled substance 9A.42.100 first degree 9A.42.020 fourth degree 9A.42.037 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support system, exemption from chapter 9A.42.040 rape 9A.44.050 Deprivation of rights by a public servant, class of crime 9A.80.010 Deprive, defined for theft and robbery 9A.56.010 Descendant, defined, for incest 9A.64.020 Detention facility, defined for chapter on obstructing governmental operation 9A.76.010 Diking and drainage improvement districts, injury or interference with 85.08.690 Discrimination common carriers denial of use because of race, color, or creed 9.91.010 denial of public accommodations because of race, color, or creed, penalty 9.91.010 employment, state employment application, disclosure of race or religion prohibited upon, penalty 43.01.100 insurance, prohibited practices 48.30.020 insurance policies, prohibition against 48.18.480 [RCW Index—page 198] militia members by clubs, associations, employers, or business organizations prohibited, penalty 38.40.110 sheriff’s office employees, discrimination prohibited 41.14.180 unfair practices aiding violations 49.60.220 Discrimination, See also DISCRIMINATION Disorderly conduct defined, elements 9A.84.030 misdemeanor 9A.84.030 Dissolution of marriage, restraining orders, noncompliance 26.09.300 Dog fighting 16.08.100 Dog guides or service animals 9.91.170 Domestic violence assault in violation of no-contact order, class C felony 10.99.040, 10.99.050 fatality reviews, data collection and analysis Ch. 43.235 interference with reporting 9A.36.150 protection orders assault, class C felony 26.50.110 Domestic violence, See also DOMESTIC VIOLENCE Double jeopardy forbidden Const. Art. 1 § 9 Drive-by shooting 9A.36.045 Drivers’ licensing violations, See MOTOR VEHICLES, subtitle Drivers’ licenses Driving under the influence alcohol information school attendance 46.61.5056 arrest without warrant 10.31.100 criminal history and driving record, verification 46.61.513 diagnostic evaluation and treatment for alcohol violators 46.61.5056 driver under age twenty-one mandatory appearances 46.61.50571 fees state toxicology laboratory and enforcement funding fee 46.61.5054 penalty schedule 46.61.5055 seizure and forfeiture of vehicle 46.61.5058 sentences attendance at program focusing on victims 46.61.5152 intermittent fulfillment 46.61.5151 transfer, sale, or encumbrance of vehicle subject to seizure and forfeiture 46.12.270 vehicular assault 46.61.522 vehicular homicide 46.61.520 what constitutes 46.61.502 Driving with license suspended or revoked penalties 46.20.342 Drugs controlled substances 69.50.401, 69.50.402, 69.50.403, 69.50.404, 69.50.405, 69.50.406, 69.50.407, 69.50.408, 69.50.410, 69.50.416, 69.50.425, 69.50.430, 69.50.4011, 69.50.4012, 69.50.4013, 69.50.4014, 69.50.4015 controlled substances homicide 69.50.415 drug paraphernalia 69.50.412 imitation controlled substances Ch. 69.52 outdoor music festival, campground detention, investigation of drug or alcohol abuse 4.24.710, 9A.16.120 prescription drugs, penalties for violations 69.41.072, 69.41.350 Drunkenness, See CRIMES, subtitle Intoxication Duress confession made under cannot be used 10.58.030 Duress, as a defense 9A.16.060 Dwelling, defined 9A.04.110 Earthquakes, public buildings to withstand 70.86.040 Election crimes and penalties Ch. 29A.84 Elections initiative and referendum, See CRIMES, subtitle Initiative and referendum Electrical installation violations 19.28.131 Electronic communication devices 19.300.010, 19.300.020 Elevators, lifting devices, and moving walks, installation and operation violations 70.87.180 Embezzlement county officers failing to pay over fees 36.18.170 estate funds action for recovery of 11.48.060 revocation of letters for 11.28.250 probate action for 11.48.060 revocation of letters for 11.28.250 proof of ownership of property, sufficiency of 10.58.060 state treasurer, penalty 43.08.140 Emergency management violations 38.52.150 Emergency medical care and transportation services, unlawful practices, penalties 18.73.190 Employment agencies, operation without license 19.31.080 Energy facility site locations, permit requirements, penalty for violations 80.50.150 Energy supply emergency orders, violations 43.21G.100 Entrapment, as a defense, when 9A.16.070 Equity skimming 61.34.030 Erotic material, distribution and showing to minors, penalty 9.68.060 Escape first degree class B felony 9A.76.110 defined 9A.76.110 parole violator deemed escapee, when 9.95.130 recapture of prisoner, term 9.31.090 second degree class C felony 9A.76.120 defined 9A.76.120 sexually violent predators 9A.76.115 third degree defined 9A.76.130 gross misdemeanor 9A.76.130 Escaped prisoners, recapture Ch. 9.31 Escrow agents, violations 18.44.171 Estate and transfer tax, criminal acts 83.100.140 Evidence age of children, determination for legal responsibility 9A.04.050 beyond a reasonable doubt required for conviction 9A.04.100 destroying, or presenting false evidence 9A.72.150 insanity, establishment of 9A.12.010 murder first degree defense, establishment 9A.32.030 second degree defense, establishment 9A.32.050 refusal of blood or breath alcohol content test is admissible 46.61.517 tampering with, defined 9A.72.150 Ex post facto laws not to be passed Const. Art. 1 § 23 Exerts unauthorized control, defined for theft and robbery 9A.56.010 Explosives abandonment of 70.74.295 flame producing device, unlawful use 70.74.310 imitation devices, malicious placement 70.74.272 intimidation or harassment 70.74.275 malicious explosion of a substance 70.74.280 malicious placement 70.74.270 manufacture, sale, or possession without a license 70.74.022 marking of containers 70.74.300 prohibitions on possession 70.74.180 stink bombs, unlawful use 70.74.310 (2008 Ed.) CRIMES tear gas bombs, unlawful use 70.74.310 terrorist acts 70.74.270 Extortion defined 9A.56.110 first degree class B felony 9A.56.120 defined 9A.56.120 libel, threatening to publish 9.58.090 second degree class C felony 9A.56.130 defense 9A.56.130 defined 9A.56.130 Extortionate extension of credit 9A.82.020, 9A.82.030, 9A.82.040 Failing to summon assistance 9A.36.160, 9A.36.161 Failure to appear in court classes of crime 9A.76.170 Failure to disperse defined, elements 9A.84.020 gross misdemeanor 9A.84.020 False arrest shoplifting, detention 9A.16.080 False certification defined 9A.60.050 gross misdemeanor 9A.60.050 False fire alarms 9.40.100, 9.40.105 False or misleading statement made to public servant 9A.76.175 False reporting or warning of public disturbance defined 9A.84.040 gross misdemeanor 9A.84.040 False representations accounts, falsifying public works accounts 39.04.110 animals, false certificate of registration or breed 9.08.030 credit or financial rating 9.38.010 recording, title to real property 9.38.020 False swearing defined 9A.72.040 gross misdemeanor 9A.72.040 inconsistent statements conviction for lowest degree of crime 9A.72.050 prosecution requirements 9A.72.050 irregularities in oath administration no defense 9A.72.070 retraction of false statement 9A.72.060 statement of what one does not know to be true 9A.72.080 Falsely alter, defined for fraud 9A.60.010 Falsely complete, defined for fraud 9A.60.010 Falsely make, defined for fraud 9A.60.010 Family abandonment and nonsupport Ch. 26.20 Family offenses bigamy 9A.64.010 incest 9A.64.020 Farm labor contracting violations 19.30.150 Federal surplus commodities, misuse of 74.04.385 Feed lots, unlawful activities and penalties Ch. 16.58 Felonies designation of classes 9A.20.010 determination of degree for felonies defined by statute outside the Criminal Code 9A.20.040 failing to report certain 9.69.100 fraud in sporting contests 67.24.010 insurance companies, false advertising in organization 48.06.190 jurisdiction of superior courts as to 2.08.010 maximum terms of sentences 9A.20.020, 9A.20.021 public money, use of by officer Const. Art. 11 § 14 punishment when not fixed by statute 9.92.010 repeat offenders, sentenced as habitual criminals 9.92.090 tracking of felony cases corrections department duties 10.98.110 (2008 Ed.) warrantless arrest, when authorized 10.31.100 Felony, defined 9A.04.040 Fertilizers unlawful acts 15.54.420 violations, penalty 15.54.470 Financial fraud unlawful possession or production of payment instruments 9A.56.320 Financial institutions deposit account applicant, false statement 9.38.015 Financial institutions, department of unlawful borrowing from regulated institution by department personnel, gross misdemeanor 43.320.090 Fines, See FINES Fire arson and reckless burning Ch. 9A.48 burning permits, fire protection districts 52.12.105, 52.12.106 engines or boilers, operating without spark arrester 9.40.040 incendiary device definitions 9.40.110 exceptions 9.40.130 possession, manufacture or disposition of, unlawful 9.40.120 insurance, destruction for purposes of, penalty 48.30.220 suspected criminal, origin, report to state patrol chief 48.05.320 Fire alarms false 9.40.100, 9.40.105 injuring or tampering with 9.40.100, 9.40.105 molesting 9.40.100, 9.40.105 tampering with 9.40.100, 9.40.105 Fire fighting equipment injuring or tampering with 9.40.100, 9.40.105 Fire protection districts, burning permits 52.12.105, 52.12.106 Fire sprinkler system contractors unlicensed operations, penalty 18.160.100 wrongful acts 9.45.260 Firearms aiming or discharging at person or in public place 9.41.230 aliens, license required to carry or possess, exception 9.41.170 convicts delivery to prohibited 9.41.080 crimes relating to Ch. 9.41 dangerous exhibitions with 9.41.260 deadly weapon special verdict 9.94A.602 discharging near explosives 70.74.170 explosive devices, prohibition 70.74.180 forfeiture confiscation by law enforcement officer of firearm subject to forfeiture authorized 9.41.098 destruction, sale, or trade of forfeited firearms authorized 9.41.098 identifying marks, alteration or obliteration of prohibited 9.41.140 licenses, dealers regulations, fee 9.41.110 licenses, dealers, regulations 9.41.110 machine guns contraband, declared to be 9.41.220 prohibited, exceptions 9.41.190 use in commission of felony 9.41.225 mentally ill, delivery to prohibited 9.41.080 minors delivery to prohibited 9.41.080 pistols, possession by person between eighteen and twenty-one 9.41.240 pistols commercial seller, defined 9.41.010 concealed pistol license 9.41.070 revocation 9.41.075 concealment on person prohibited, exceptions 9.41.050 crime of violence, defined 9.41.010 dealers license and registration required 9.41.100 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 regulations 9.41.090 definitions 9.41.010 firearm, defined 9.41.010 loaded, carrying in vehicle prohibited without license 9.41.050 persons authorized to carry 9.41.060 recordkeeping requirements 9.41.129 uniform act loans or pledges of 9.41.120 offenders under supervision of department of corrections prohibited from owning or possessing 9.41.045 sales, commercial license required 9.41.100 unlawful to carry, exhibit, display for purposes of intimidation or warrants alarm for safety 9.41.270 vehicles, carrying loaded pistol in prohibited without license 9.41.050 possessing a stolen firearm 9A.56.310 possession on school premises 10.31.100 possession on school premises or facilities, penalty, exceptions 9.41.280 preemption of local laws 9.41.290 railroads, discharging firearm at train or car 81.60.070 restriction on employment of armed men by private persons Const. Art. 1 § 24 right to bear arms, not to be impaired Const. Art. 1 § 24 silencers, use of prohibited 9.41.250 theft 9A.56.300 uniform firearms act Ch. 9.41 unlawful firearms contraband 9.41.220 unlawful possession 9.41.040 violation of chapter is misdemeanor, penalty 9.41.810 warrantless arrest, when authorized 10.31.100 Fires, See ARSON Fireworks unlawful discharge or use 70.77.488 unlawful possession 70.77.485 Fireworks, See also EXPLOSIVES Fish and wildlife, criminal acts and penalties Ch. 77.15 Fish and wildlife officer authority 77.15.075 Flags advertising, using for, penalty 9.86.020 crimes relating to, defined 9.86.020 defacement, defiling, mutilating, etc. 9.86.030 defined 9.86.010 desecration of 9.86.030 improper use of 9.86.020 Food poisons or other harmful objects in food, drinks, medicine, or water Ch. 69.40 Food processing 69.07.150 Food stamps 9.91.140, 9.91.142, 9.91.144 Force, use of, when lawful 9A.16.020 Forcible entry and detainer 59.12.230 Forests and forest products, See FORESTS AND FOREST PRODUCTS, subtitle Crimes relating to Forged instrument, defined for fraud 9A.60.010 Forgery class C felony 9A.60.020 defined, elements 9A.60.020 forestry brands and marks 76.36.120 instruments affecting registered land 65.12.760 motor vehicle financial responsibility law, forgery of required proof 46.29.620 petitions, misconduct concerning 9.44.080 seals public officer refusing to surrender to successor 42.20.030 stock subscription 9.24.010 Franchise investments, unlawful acts 19.100.170 Fraud [RCW Index—page 199] CRIMES animals false certificate of registration or of breed 9.08.030 attachments, removal, secreting, or assigning property to avoid 9.45.080 attachments and executions, removal, secreting, or assigning property to avoid 9.45.090 auctions 9.45.070 banks, insolvent bank receiving deposit 9.24.030 bond issue facsimile signatures, fraud by printer or engraver 39.44.101 complete written instrument, defined 9A.60.010 conspiracy to commit 9.24.010 credit false representations as to, penalty 9.38.010 creditors assignment for benefit of, false representations 9.45.100 banks, preferences prohibited 30.44.110 removing or disposing of accounts and books to defraud 9.45.080 criminal impersonation 9A.60.040, 9A.60.045 definitions 9A.60.010 executions, removal or assigning property to avoid 9.45.080 facsimile signatures on bonds, fraud by printer or engraver 39.44.101 false certification 9A.60.050 false personation, See CRIMES, subtitle False personation false pretenses, See CRIMES, subtitle False pretenses false representations, See CRIMES, subtitle False representations falsely alter, defined 9A.60.010 falsely complete, defined 9A.60.010 falsely make, defined 9A.60.010 financial fraud 9A.56.320 forgery 9A.60.020 hotels and innkeepers, obtaining accommodations by fraud 19.48.110 incomplete written instrument, defined 9A.60.010 instruments affecting registered land 65.12.750 intent is element, intent to defraud any person sufficient 10.58.040 liquor warehouse receipts, penalty 9.45.160, 9.45.170 mental health advance directives 9A.60.060 mining claims altering samples of ore or assay certificate 9.45.210 false samples of ore or assay 9.45.220 minors substitution of child to deceive 9.45.020 mock auctions 9.45.070 mortgaged property, conversion, destruction, sale, removal, etc. 9.45.060 mortgaged property, destruction, sale, or removal of 9.45.060 mutual savings bank, insolvent bank receiving deposit 32.04.120 obtaining a signature by deception or duress 9A.60.030 personal property subject to mortgage, conditional sale, lien, rental agreement or lease, destruction, conversion, sale, removal, etc. 9.45.060 public utilities, defrauding 9A.61.020 damages 9A.61.070 definitions 9A.61.010 first degree 9A.61.030 restitution and costs 9A.61.060 second degree 9A.61.040 third degree 9A.61.050 rental agreement property, conversion, destruction, sale, etc. 9.45.060 ski areas 19.48.110 state employees’ retirement system statement 41.40.055 [RCW Index—page 200] teachers’ retirement system falsification 41.32.055 telecommunications civil action to enjoin violation 7.40.230 telecommunications fraud 9.26A.110, 9.26A.115 definitions 9.26A.100 pay telephones, fraudulent operation 9.26A.120 pay telephones, manufacturing of slugs for use in 9.26A.130 vehicles, report of sale 9.45.260 wills, failing to deliver on death of testator 11.20.010 written instrument, defined 9A.60.010 Fraud, See also FRAUD Fraud in sporting contests 67.24.010 Fresh fruit sales limitation act, penalties 15.21.020, 15.21.060 Funeral directors and embalmers 18.39.215, 18.39.220, 18.39.231, 18.39.350 Gambling antique slot machines, excluded 9.46.235 bucket shop and bunco steering Ch. 9.47 causing person to violate gambling rule 9.46.185 causing persons to violate gambling law gambling law 9.46.180 cheating 9.46.196, 9.46.1961, 9.46.1962 false or misleading entries or statements in application or record 9.46.170 fraud or deceit 9.46.190 gambling information, transmission or receiving of 9.46.240 generally Ch. 9.46, Ch. 9.47 horse races, prohibited practices 67.16.060 license, conducting activity without license 9.46.160 military property, upon 38.32.120 places of, public nuisance, penalty 9.66.010 player defined 9.46.0265 professional gambling in the first degree 9.46.220 professional gambling in the second degree 9.46.221 professional gambling in the third degree 9.46.222 public nuisance, to maintain place for 9.66.010 records, refusal to produce 9.46.170 seizure and forfeiture of gambling devices and real and personal property 9.46.231 unlicensed employee 9.46.198 Gambling, See also GAMBLING Gangs, See GANGS Gasoline prices advertisement of 9.04.090 Gold misrepresentation as to carat or fineness 9.16.140 Government, defined 9A.04.110 Government property bomb threats 9.61.160 Governmental function, defined 9A.04.110 Governmental operation, obstruction of amber alert, false or misleading statement 9A.76.177 bail jumping classes of crime 9A.76.170 defined 9A.76.170 compounding defense to prosecution 9A.76.100 defined, elements 9A.76.100 gross misdemeanor 9A.76.100 contraband, defined 9A.76.010 contraband, introduction into detention facility first degree 9A.76.140 criminal assistance, rendering of defined 9A.76.050 definition of relative 9A.76.060 first degree 9A.76.070 relative, defined 9A.76.060 second degree 9A.76.080 third degree defined 9A.76.090 misdemeanor 9A.76.090 custody, defined 9A.76.010 definitions 9A.76.010 detention facility, defined 9A.76.010 escape first degree class B felony 9A.76.110 defined 9A.76.110 second degree class C felony 9A.76.120 defined 9A.76.120 third degree defined 9A.76.130 gross misdemeanor 9A.76.130 false or misleading statement made to public servant 9A.76.175 harming a police dog, accelerant detection dog, or police horse class C felony 9A.76.200 defined 9A.76.200 public servant, intimidation of class B felony 9A.76.180 defined 9A.76.180 refusing to summon aid for a peace officer defined 9A.76.030 misdemeanor 9A.76.030 resisting arrest defined 9A.76.040 misdemeanor 9A.76.040 Graffiti malicious mischief in third degree 9A.48.090 Grafting, See BRIBERY AND GRAFTING Grave robbing 68.60.040 Graves historic graves, destruction or damage 68.60.050 Great bodily harm defined 9A.04.110 Gross misdemeanors defined 9A.04.040, 9A.20.010 limitation of actions 9A.04.080 pet animals, taking, concealing, injuring, killing, etc. 9.08.070 punishment when not fixed by statute 9.92.020 sentences to be imposed 9A.20.020, 9A.20.021 warrantless arrest, when authorized 10.31.100 Guilty pleas deportation consequences to aliens advisement 10.40.200 Habitual criminals, prevention of procreation as punishment 9.92.100 Harassment arraignment 9A.46.050 conviction, when deemed to have occurred 9A.46.100 court order regarding convicted defendant copy provided to victim 9A.46.080 violation, misdemeanor 9A.46.080 court order regarding defendant enforcement 9A.46.070 no contact or no harassment order 9A.46.040, 9A.46.050 violation, misdemeanor 9A.46.040 crimes included in harassment 9A.46.060 defined, elements 9A.46.020 explosives or improvised devices, intimidation with 70.74.275 legislative finding 9A.46.010 liability of peace officer limited 9A.46.090 penalties 9A.46.020 stalking 9A.46.110 time of conviction, acceptance of plea or filing of verdict 9A.46.100 victim inform of final disposition 9A.46.080 provide copy of final court order 9A.46.080 where deemed to have been committed 9A.46.030 (2008 Ed.) CRIMES Harassment, malicious 9A.36.078, 9A.36.080 civil remedies 9A.36.083 information repository reporting and dissemination 36.28A.030 Harboring of a minor definition 13.32A.080 removal by law enforcement officer 13.32A.050 Hard time for armed crime Ch. 9.94A Harmful object or substance in food, drinks, medicine, or water 69.40.030 Harming a police dog, accelerant detection dog, or police horse class C felony 9A.76.200 defined 9A.76.200 Hate crimes, See CRIMES, subtitle Harassment, malicious Hazardous materials, transportation of 46.48.175 Hazardous waste disposal, violations 70.105.080, 70.105.085, 70.105.090 Hazing prohibited, civil and criminal liability for violations 28B.10.901 Health care facilities or providers, interference with civil damages 9A.50.050 civil remedies 9A.50.040 definitions 9A.50.010 informational picketing not prohibited 9A.50.060 penalties 9A.50.030 protection of patients and providers 9A.50.070 unlawful acts 9A.50.020 warrantless arrest, when authorized 10.31.100 Highways altering, defacing, injuring, knocking down or removing any traffic control signal, device or railroad sign or signal 47.36.130 constructing or maintaining facilities on highways rights of way without franchise or short distance permit 47.44.060 damaging roadside improvement or beautification 47.40.070 destroying native flora on state lands or on adjoining highways and parks 47.40.080 disregarding notice of closure or traffic restriction on highways, streets or county roads 47.48.040 erecting or maintaining on business places on highway right of way 47.32.120 certain structures, signs or devices on or near city streets, county roads or state highways, as public nuisance 47.36.180 merchandising (receiving, delivering or vending) structures on highway right of way 47.32.110 signs contrary to highway advertising control act of 1961 47.42.080 failure to comply with stop sign 47.36.110 illegal use of county road or city street funds, penalty 47.08.100, 47.08.110 limited access facilities, violations relating to enumerated, penalty 47.52.120 maintaining or occupying obstructions on highway right of way 47.32.010 obstructing or interfering with, public nuisance 9.66.010 stationing of signs or flaggers at thoroughfare work sites, relating to 47.36.200 Highways, See also HIGHWAYS, subtitle Crimes relating to Highways, violations of Title 47 RCW 47.04.090 Homicide abuse, homicide by 9A.04.080, 9A.32.055 controlled substances 69.50.415 crimes included within 9A.32.010 defined 9A.32.010 inquests, See CORONERS, subtitle Inquests survivors, counseling for victim’s immediate family members 7.68.070 watercraft, homicide by 79A.60.050 when excusable 9A.16.030 (2008 Ed.) Honey bee commission, violations of chapter or commission rule 15.62.220 Honey violations 69.28.185 Horse meat, unlawful possession, exceptions 16.68.140 Horse microchip implant, removal with intent to defraud 16.57.405, 16.57.407 Horticultural pests and diseases dumping or piling of infected products or containers 15.08.240 Hospitals, operating or maintaining unlicensed 70.41.170 Hospitals for mental illness prohibited objects or substances, penalty for violations 72.23.300 Hostage or barricade situation telecommunications may be intercepted 9.73.030 telephone communication 70.85.100 Human remains disposal, unlawful 68.50.130 dissection without authority 68.50.100 holding for debts 68.50.120 notification of coroner 68.50.020 removal or concealment 68.50.050 sexual violation 9A.44.105 unlawful disturbance, removal, or sale of 68.50.140 Hunting, criminal acts and penalties Ch. 77.15 Identification electronic communication devices 19.300.010, 19.300.020 enhanced drivers’ licenses and enhanced identicards consumer protection act, violation 9A.58.030 definitions 9A.58.010 legislative findings 9A.58.005 possessing, reading, or capturing information 9A.58.020 possession of another’s 9A.56.330 Identification, See also STATE PATROL, subtitle Identification and criminal history section Identity, See also IDENTITY Identity theft financial information, improper access Ch. 9.35 Impeachment of public officers for Const. Art. 5 §2 Impersonation, criminal first degree 9A.60.040 law enforcement officer, impersonation of 9A.60.045 second degree 9A.60.045 Incendiary device 9.40.110 Incest defined 9A.64.020 descendant, defined 9A.64.020 first degree class B felony 9A.64.020 second degree class C felony 9A.64.020 Incomplete written instrument, defined for fraud 9A.60.010 Indecent exposure 9A.88.010 Indecent liberties defined, elements 9A.44.100 Indian burial grounds destruction or mutilation, exceptions 27.44.040 sale of artifacts or remains removed from, exceptions 27.44.040 Indictment, defined for Criminal Code 9A.04.110 Industrial insurance violations and penalties Ch. 51.48 Information, defined for Criminal Code 9A.04.110 Informed against, defined for Criminal Code 9A.04.110 Inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 giving to another, when unlawful 9.47A.040 inducing another, unlawful 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale, when prohibited 9.47A.040 unlawful behavior 9.47A.020 Innocence, presumption of 9A.04.100 Installment sales of goods and services, violations 63.14.170 Insurance advertisements financial condition, must correspond with filed statement 48.30.070 must show name and domicile of insurer 48.30.050 advertising false or deceptive 48.30.040 alteration of application 48.18.070 combinations in restraint of trade 48.30.020 Commercial bribery defined 9A.68.060 compacts prohibited 48.30.020 defamation of insurers 48.30.080 discrimination as 48.18.480, 48.30.020 dividends not to be guaranteed 48.30.100 domestic insurers, corrupt practices at meetings 48.07.060 false advertising in organization of company 48.06.190 false claims or proofs 48.30.230 financial condition, advertising of 48.30.070 financial statements, false 48.30.030 fraud Ch. 48.30A, Ch. 48.135 Ch. 48.135 free insurance 48.30.155 hypothecation of notes 48.30.200 inducements, illegal 48.30.150 interlocking ownership or management 48.30.250 misleading comparisons, twisting 48.30.180 misrepresentation in applications 48.30.210 generally 48.30.040 of policies 48.30.090 name, insurer’s name by noninsurer prohibited 48.30.060 over insuring interest 48.27.010, 48.30.260 perjury 9A.72.030 political contributions prohibited 48.30.110 premiums, illegal dealing in 48.30.190 property insurance, debts or loans 48.30.260 rate control by compact 48.30.020 rate wars 48.30.240 rebates 48.30.140, 48.30.170 representations, false, misleading, prohibited 48.30.040 solicitation for unauthorized insurers 48.15.020 twisting 48.30.180 unfair practices 48.30.010 willful destruction, secretion, injury, etc., to property 48.30.220 Insurance, See also INSURANCE, subtitle Unfair practices Insurance premium finance company act, operating without license 48.56.030 Intellectual property, counterfeiting Ch. 9.16 Intent burglary inference of 9A.52.040 defined 9A.08.010 fraud, intent as element 10.58.040 Interfering with justice demonstration of any kind in or near court, court building, residence of court officer, judge, juror, witness 9.27.015 parading in or near court, court building, residence of court officer, judge, juror, witness 9.27.015 picketing in or near court, court building, residence of court officer, judge, juror, witness 9.27.015 [RCW Index—page 201] CRIMES use of sound-truck or similar device in or near court, court building, residence of court officer, judge, juror, witness 9.27.015 Interment in cemeteries without certificate of authority 68.05.240 International student exchange organizations, violations 19.166.090 Intimidating a judge defined 9A.72.160 Intimidating a juror defined 9A.72.130 Intimidating a witness definition and elements 9A.72.110 Intimidation of public servant class B felony 9A.76.180 defined 9A.76.180 Intimidation with deadly weapon 9.41.270 Intoxication considered in determination of mental state 9A.16.090 no defense to crimes 9A.16.090 operating railroad, steamboat, vehicle, while intoxicated 9.91.020 Introducing contraband second degree class C felony 9A.76.150 defined 9A.76.150 third degree defined 9A.76.160 misdemeanor 9A.76.160 Judge, defined 9A.04.110 Judges, intimidation of 9A.72.160 Juries and jurors allowing juror to leave jury room 9.51.030 communications with, person in charge permitting 9.51.030 criminal cases, allowing to leave jury room, penalty 9.51.030 grand jury depositions, disclosure or contents 9.51.060 disclosing transactions 9.51.050 juror acting after challenge allowed 9.51.040 transcript of testimony, disclosure of 9.51.060 impanelling, misconduct 9.51.010 intimidating 9A.72.130 jury room, allowing juror to leave jury room 9.51.030 jury tampering, defined 9A.72.140 misconduct of officer drawing jury 9.51.010 perjury, defined 9A.72.010 refreshments, person in charge permitting 9.51.030 solicitation of jury duty 9.51.020 Jurisdiction persons amenable to criminal statutes 9A.04.070 Jurisdiction of the state 9A.04.030 Justice, obstruction of Ch. 9.69 Justices of the peace, use of unfit or improper language by justice 42.20.110 Justifiable homicide committed by private person 9A.16.050 committed by public officer 9A.16.040 Juvenile justice act Ch. 13.40 Juveniles inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 prosecution 13.40.070 firearms special allegation 13.40.196 recommended prosecuting standards for charging and plea dispositions 13.40.077 Juveniles, See also JUVENILES, subtitle Offenses (crimes) Kidnapping definitions 9A.40.010 first degree [RCW Index—page 202] class A felony 9A.40.020 defined, elements 9A.40.020 persons punishable 9A.04.030 registration of offenders 9A.44.130, 9A.44.140, 9A.44.145 second degree class B felony 9A.40.030 defense to prosecution, elements 9A.40.030 defined 9A.40.030 trafficking 9A.40.100 Knives intimidation, unlawful 9.41.270 switch blade 9.41.250 Knowledge, defined 9A.08.010 Labor, See LABOR, subtitle Prohibited practices Laborers, seasonal, advances, fraud in securing 49.40.030 Landlord and tenant unlawful detainer may be criminal trespass 59.12.030 Landscape architects 18.96.020 Landscape architects, violations and penalties 18.96.160 Larceny equated as theft, when 9A.56.100 indictment or information for, description of money or securities 10.37.110 military property 38.32.100, 38.32.120 persons punishable 9A.04.030 proof of ownership of property, sufficiency of 10.58.060 public assistance 74.08.331 railroad property 81.60.080 receiving stolen property railroad property 81.60.080 restoration of property to owner, officers’ accountability 9.54.130 theft of certificates of title 65.12.730 Lasers unlawful discharge, penalties Ch. 9A.49 Law, unlawful practice, See CRIMES, subtitle Barratry Law, unlawful practice of law 2.48.180 Law enforcement officers disarming 9A.76.023, 9A.76.025, 9A.76.027 impersonation of 9A.60.045 obstruction 9A.76.020 Leading organized crime 9A.82.060 Legislature contempt of witness 44.16.130 hearings and inquiries, witnesses refusing to attend or testify 44.16.120 witnesses, refusing to attend and answer when summoned, penalty 9.55.020, 44.16.120 Letters opening or reading without permission 9.73.020 publishing without permission, penalty 9.73.020 sending letter, when complete, what county sender may be proceeded against 9.01.130 Lewdness, See CRIMES, subtitle Obscenity Liability, principles of 9A.08.010, 9A.08.020, 9A.08.030 Liability for conduct of another 9A.08.020 Libel 9.58.010 defenses 9.58.020, 9.58.040, 9.58.050, 9.58.070 furnishing libelous information 9.58.080 persons liable 9.58.040 privileged communications 9.58.070 privileged proceedings 9.58.050 publication, defined 9.58.030 retraction 9.58.040 threatening to publish libel 9.58.090 venue of prosecution 9.58.060 Libel, See also CRIMES, subtitle Slander Libraries discrimination to deny public accommodations because of race, color, or creed 9.91.010 injury to property 27.12.330 retaining books 27.12.340 Lie detector tests, requiring of employee or prospective employee, unlawful, penalty, exception 49.44.120 Liens destruction, conversion, sale, removal, etc., of personal property to avoid lien 9.45.060 fine in criminal proceeding, lien against real property of defendant 10.64.080 Lighthouses, injury to 88.08.050 Limitation of actions 9A.04.080 Limitation of actions, See also LIMITATION OF ACTIONS Liquor, See CRIMES, subtitle Alcoholic beverages Littering, highways 46.61.645, 46.61.655 Livestock brands and marks Ch. 16.57 unlawful possession Ch. 16.57 Livestock, inhumane slaughter Ch. 16.50 Livestock market regulations, violations 16.65.440 Livestock markets, unlawful activities 16.65.130, 16.65.150 Livestock theft 9A.56.080, 9A.56.083 fine, mandatory 9A.56.085 mandatory fine 9A.56.085 Luring of child or person with developmental disability defined 9A.40.090 Mail solicitation of undesired mail to annoy or harass another person 9.35.030 Making or having burglar tools defined 9A.52.060 gross misdemeanor 9A.52.060 Malice, defined for Criminal Code 9A.04.110 Malicious burning building, defined 9A.48.010 Malicious destruction of property during state of emergency, penalty 43.06.230 Malicious harassment 9A.36.078, 9A.36.080 civil remedies 9A.36.083 defined, criminal penalties 9A.36.080 Malicious injury to person during state of emergency, penalty 43.06.230 Malicious mischief aggregation of value of damaged property 9A.48.100 bomb threats 9.61.160 carrier or racing pigeon injury to 9.61.190 removal or alteration of identification 9.61.200 damages, defined 9A.48.010 first degree class B felony 9A.48.070 defined, elements 9A.48.070 physical damage, defined 9A.48.100 second degree class C felony 9A.48.080 defined, elements 9A.48.080 telephone calls, harassing 9.61.230, 9.61.240, 9.61.250 third degree defined 9A.48.090 gross misdemeanor, when 9A.48.090 misdemeanor, when 9A.48.090 Malicious or intentional destruction of property, residential landlord-tenant act 59.18.130 Malicious prosecution 9.62.010, 9.62.020 Maliciously, defined 9A.04.110 Mandamus, enforcement of writ 7.16.280 Manslaughter duress not a defense 9A.16.060 first degree class A felony 9A.32.060 defined, elements 9A.32.060 inquests, See CORONERS, subtitle Inquests second degree class B felony 9A.32.070 defined, elements 9A.32.070 Manufactured homes, elimination of title (2008 Ed.) CRIMES falsification or omission of required information penalty 65.20.130 Manufactured homes, mobile homes, commercial coaches, recreational vehicles, and park trailers, safety requirements, penalty 43.22.340 Marijuana, See DRUGS Marriage regulations 26.04.200 violations of marriage requirements 26.04.220 Materially false statement, defined for perjury 9A.72.010 Measurements false measurement 9.45.124 inaccurate measurement 9.45.124 inducing, false or inaccurate measurement 9.45.126 public policy 9.45.122 Meat custom slaughtering and custom meat facilities, unlawful acts Ch. 16.49 Mental incapacities, persons with sexual contact with 9A.44.100 Metal property, stolen Ch. 19.290 Methamphetamine controlled substances, uniform act Ch. 69.50 manufacture with child on premises, special allegation 9.94A.605 Military, See MILITIA AND MILITARY AFFAIRS, subtitle Crimes Military organizations, unauthorized 38.40.120 Milk and milk products for animal food unlawful acts 15.37.100, 15.37.110 Milk products, unlawful acts and sales Ch. 15.36 Mines and mining altering samples of ore or assay certificate 9.45.210 false samples of ore or assay 9.45.220 mineral trespass 78.44.320, 78.44.330, 78.44.340 sabotage, interfering with mining 9.05.060 Minimum wage law violations 49.46.100 Minors alcoholic beverages, violations, enforcement, and penalties Ch. 66.44 begging, employing child for 26.28.070 cigarettes 26.28.080 crimes related to indecent exposure 9A.88.010 employment immoral or dangerous employment 26.28.070 minimum ages, exceptions 26.28.060 erotic material, sale, distribution or showing to, penalties 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 leaving children unattended in parked automobile to enter tavern, penalty 9.91.060 motor vehicles, ownership by penalty 46.12.270 motor vehicles, ownership of motor vehicle by minor under the age of 18 unlawful, exception 46.12.250 tattoos, applying to minors a misdemeanor 26.28.085 tobacco 26.28.080 unlawful harboring of a minor 13.32A.050, 13.32A.080 Misappropriation of public funds, advancement of travel expenses 42.24.150 Misdemeanors (2008 Ed.) compromise of misdemeanors, See COMPROMISE OF MISDEMEANORS defined 9A.04.040, 9A.20.010 impeachment for Const. Art. 5 § 2 jurisdiction of superior courts as to 2.08.010 probation services assessment for services 10.64.120 punishment when not fixed by statute 9.92.030 sentences to be imposed 9A.20.020, 9A.20.021 warrantless arrest, when authorized 10.31.100 Mobile home park relocation assistance, relating to violations, penalty 59.21.110 Money laundering definitions 9A.83.010 elements of crime, penalties 9A.83.020 government officers, release from liability when engaged in lawful performance of duties 9A.83.040 seizure and forfeiture of proceeds and property 9A.83.030 Mosquito control districts, interference with work of 17.28.250 Motor freight carriers advertising violations 81.80.355 rebating or discrimination 81.80.230 Motor vehicle drivers’ licensing violations, See MOTOR VEHICLES, subtitle Drivers’ licenses Motor vehicle financial responsibility law failure to return license to department upon suspension or revocation of operator’s license 46.29.610 forgery of required proof 46.29.620 Motor vehicles accidents and reports improper procedure after involvement in an accident 46.52.020 altering or forging certificate of ownership or license registration unlawful 46.12.220 auto theft prevention authority Ch. 46.66 capitol grounds, control of traffic on, violations, jurisdiction 46.08.170 certificate of ownership, penalty for unlawful sale 46.12.215 certificate of ownership and license registration failure to report transfer, penalty 46.12.101 transfer, seller liability limited, procedure 46.12.102 unlawful for a minor under the age of 18 to own motor vehicle, exception 46.12.250 unlawful for minor to own motor vehicle, exception penalty 46.12.270 chains, studded tires, failing to use when required 46.37.420 dealer’s, salesmen’s and manufacturer’s licenses 46.70.240 defined 9A.56.070 destroyed vehicles failure to notify director of motor vehicles unlawful 46.12.070 possession of certificate of ownership or registration of unlawful 46.12.070 driving under the influence 46.61.502 driving under the influence, transfer, sale, or encumbrance of vehicle subject to seizure and forfeiture 46.12.270 eluding pursuing police license revocation 46.61.024 firearms carrying loaded pistol in vehicle prohibited 9.41.050 fuel, theft 46.61.740 insurance, falsification of proof of financial responsibility 46.30.040 intoxication, penalty for failure to take alcohol or drug tests 46.20.308 issuing false statements to obtain certificate of ownership or license registration unlawful 46.12.210 leaving children unattended in parked automobile to enter tavern, penalty 9.91.060 lights or signals, tampering with 88.08.020 motor vehicle wreckers 46.80.170 negligent driving 46.61.525, 46.61.5249 obscuring identity of a machine 9A.56.180 odometers crimes relating to 46.37.540, 46.37.550, 46.37.560, 46.37.570 operating vehicle under certificate of license registration without having certificate of ownership, unlawful 46.12.010 operating vehicle when certificate of ownership or license registration is canceled or refused unlawful 46.12.160 physical control of while under the influence of liquor or drugs 46.61.504 prowling 9A.52.095, 9A.52.100 publicly owned vehicles, allowing operation of unmarked vehicle unlawful 46.08.065 reckless driving gross misdemeanor 46.61.500 refund of license fees, false statement relating to 46.68.010 sale or transfer of vehicles minor, unlawful, exception and penalty 46.12.270 minor under the age of 18, unlawful, exception 46.12.260 in noncompliance with chapter 46.12 RCW unlawful 46.12.010 serial or identification number, destroyed, removed, etc., buying, selling, or possession of 46.12.300 signal preemption devices 46.37.670, 46.37.671, 46.37.672, 46.37.673, 46.37.674, 46.37.675 striking unattended vehicle, neglect of duty 46.52.010 subleasing or transfer, unlawful practices Ch. 19.116 theft of 9A.56.063, 9A.56.065, 9A.56.068, 9A.56.078, 9A.56.096 transfer or subleasing, unlawful practices Ch. 19.116 vehicles on installation of different motor, possession of certificate of ownership or registration of unlawful 46.12.080 vehicular assault alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 vehicular homicide alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 definition and penalty 46.61.520 Motorcycles exhaust systems 46.37.537 Municipal corporations, political subdivisions, claims against for contractual purposes, violations, penalty 42.24.100, 42.24.110 Municipal courts termination agreement with county to handle criminal cases, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Municipalities agreement with county to handle cases 3.50.800, 3.50.805 Murder abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 aggravated first degree Ch. 10.95 [RCW Index—page 203] CRIMES duress not a defense 9A.16.060 first degree class A felony 9A.32.030 defense 9A.32.030 killing in course of robbery, rape, burglary, arson, or kidnapping 9A.32.030 premeditation 9A.32.020 punishment 9A.32.040 sentences 9A.32.040 homicide by abuse 9A.32.055 inquests, See CORONERS, subtitle Inquests limitation of action 9A.04.080 second degree class A felony 9A.32.050 defenses 9A.32.050 defined, elements 9A.32.050 killing in course of certain felonies 9A.32.050 Mutual savings banks evidence, concealing or destroying 32.04.110 falsification of books or securities 32.04.100, 32.04.120 fraud in false prospectus, report, of financial condition 32.04.120 general penalty 32.04.130 insolvent bank receiving deposit 32.04.120 license, doing business without 32.04.120 prospectus or report, falsity in 32.04.120 transfers by insolvent bank void as to creditors 32.24.080 Narcotics, See CRIMES, subtitle Drugs Necessary, defined for Criminal Code 9A.16.010 Nuclear energy, violations 70.98.200 Nuisances contempt for violation of injunction, penalty 7.48.080 order of abatement 7.48.090 punishment for failure to abate 7.48.250 Nuisances, public Ch. 9.66 Nuisances, See also CRIMES, subtitle Public nuisances Nursing home administrators, unlicensed acts 18.52.140 Oath, defined for perjury 9A.72.010 Obscene telephone calls 9.61.230 Obscenity abortion, articles or drugs for, exposing for sale 9.68.030 indictment or information for obscene literature, describing 10.37.130 injunctions against obscene materials 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 motion picture projectionists, employees, immunity from prosecution 7.48.100 Obscenity and pornography exemptions 9.68.015 promoting of, class C felony, penalties 9.68.140 Obscuring identity of a machine defined, elements 9A.56.180 Obstructing governmental operation definitions 9A.76.010 introducing contraband second degree class C felony 9A.76.150 defined 9A.76.150 third degree defined 9A.76.160 misdemeanor 9A.76.160 obstructing law enforcement officer 9A.76.020 Obstructing justice Ch. 9.69 demonstration of any kind in or near court, court building, residence of court officer, judge, juror, witness 9.27.015 parading in or near court, court building, residence of court officer, judge, jurors, witness 9.27.015 picketing in or near court, court building, residence of court officer, judge, juror, witness 9.27.015 [RCW Index—page 204] use of sound-truck or similar device in or near court, court building, residence of court officer, judge, jurors, witness 9.27.015 Obtain control over, defined for theft and robbery 9A.56.010 Obtaining a signature by deception or duress class C felony 9A.60.030 defined 9A.60.030 Odometers, tampering with 46.37.540 exemptions 46.37.550, 46.37.560, 46.37.570 replacement of 46.37.590 Offenders under supervision of department of corrections pistols prohibited from owning or possessing 9.41.045 Officer, defined 9A.04.110 Official misconduct defined 9A.80.010 Official misconduct by public servant gross misdemeanor 9A.80.010 Official proceeding, defined for perjury 9A.72.010 Off-road and nonhighway vehicles operating violations 46.09.130 violations 46.09.120 Oil and gas misrepresentation of trademark or trade name 9.16.080 Oil and hazardous substance spills unlawful operation of facilities 90.56.300 Oil spill prevention and response unlawful acts 88.46.080, 88.46.090 Oil tankers, reckless operation 90.56.530 Omissions, not punishable, when 9.01.110 Optometry, unlawful acts and penalty 18.53.150 Organized crime leading organized crime 9A.82.060 statewide special inquiry judge act Ch. 10.29 Organized crime advisory board 43.43.858, 43.43.860, 43.43.862, 43.43.864, 43.43.866 Organized crime intelligence unit in state patrol 43.43.850, 43.43.852, 43.43.854, 43.43.856 Osteopathic medicine and surgery, unlawful practices 18.57.160 Outdoor music festival, violations 70.108.130 Owner, defined for theft and robbery 9A.56.010 Pallets definitions 9A.56.010 possessing stolen property 9A.56.140 Pawnbrokers and second-hand dealers prohibited acts 19.60.060 stolen or lost property, duty to report to chief law enforcement officer 19.60.040 Peace officer defined 9A.04.110 preventing arrest 9A.76.040 refusing to summon aid for 9A.76.030 Pecuniary benefit, defined 9A.04.110 Penalties for city, town, and county penalties to be uniform with state law 35A.11.020 Perjury bank or trust company examinations, false swearing is perjury 30.04.060 claims for furnishing materials or services, certifying falsely 42.24.100 commitment of witness for, detention of books or instruments 9.72.090 evidence detention of forged or altered books or instruments as evidence against witnesses 9.72.090 first degree class B felony 9A.72.020 defined 9A.72.020 mistaken belief of materiality no defense 9A.72.020 immunity from prosecution does not apply to perjury committed in self-incriminating testimony 10.52.090 inconsistent statements conviction for lowest degree of crime 9A.72.050 prosecution requirements 9A.72.050 indictment or information for, description in 10.37.140 irregularities in oath administration no defense 9A.72.070 land registration 65.12.740 militia member, physician making false certificate for 38.32.090 public assistance, application for grant 74.08.055 retraction of false statement 9A.72.060 second degree class C felony 9A.72.030 defined 9A.72.030 statement of what one does not know to be true 9A.72.080 subversive activities, statements as to, answers subject to perjury 9.81.070, 9.81.110 summary commitment of witness for 9.72.090 unsworn certified written statement, out of state, county of jurisdiction 10.25.065 unsworn written statement in place of affidavits or other sworn statement 9A.72.085 Perjury and interference with official proceedings juror, defined 9A.72.010 materially false statement, defined 9A.72.010 oath, defined 9A.72.010 official proceeding, defined 9A.72.010 testimony, defined 9A.72.010 Person, defined 9A.04.110 Personal property damage to Ch. 9A.48 destruction, secretion, injury, etc., for insurance 48.30.220 fraudulent conveyance or encumbrance by corporation 9.24.020 proof of ownership in criminal prosecution 10.58.060 trafficking in stolen property 9A.82.050, 9A.82.055 Personal protection spray devices possession 9.91.160 Persons amenable to criminal statutes 9A.04.070 Persons bailable Const. Art. 1 § 20 Persons liable to punishment 9A.04.030 Pesticide application, unlawful acts 17.21.150, 17.21.310 Pesticides unlawful practices 15.58.150 violations, penalties 15.58.330 Pet animals definitions 9.08.065 research institutions, transferring stolen animals to penalties 9.08.072, 9.08.074, 9.08.076, 9.08.078 taking, concealing, injuring, killing, etc. 9.08.070 Petroleum products misrepresentation of trademark or trade name 9.16.080 Pharmacies and pharmacists violations, penalty 18.64.250, 18.64.280 Physical control of a vehicle while under the influence of liquor or drugs alcohol information school attendance 46.61.5056 determination 46.61.504 diagnostic evaluation and treatment for alcohol violators 46.61.5056 fees state toxicology laboratory and enforcement funding fee 46.61.5054 seizure and forfeiture of vehicle 46.61.5058 Physical evidence, defined 9A.72.150 Physical injury, defined 9A.04.110 Physicians and surgeons controlled substances, See DRUGS false personation, penalty 18.71.190 (2008 Ed.) CRIMES militia personnel, making false certificate for, perjury 38.32.090 Pigeons, killing, injuring, detaining, or removing identification marks 9.61.190, 9.61.200 Pilot vehicles, mobile home movements insurance coverage 46.44.180 Pilotage act, violations and penalties Ch. 88.16 Pistols forfeiture confiscation by law enforcement officer of firearm subject to forfeiture authorized 9.41.098 destruction, sale, or trade of forfeited firearms authorized 9.41.098 Platting, subdivision and dedication of land act, violation, penalty 58.17.300 Podiatric medicine and surgery, violations and penalty 18.22.220 Poisons caustic or corrosive substances, penalty for violations 69.36.060 Poisons or other harmful objects in food, drinks, medicine, or water Ch. 69.40 Police dog, accelerant detection dog, or police horse, harming of 9A.76.200 Polluting water supply 70.54.010 Pollution liability insurance program unauthorized disclosure of proprietary reports and information 70.148.060 Pornography Ch. 9.68 promoting of, class C felony, penalties 9.68.140 Port district toll facilities, violation of rules and regulations 53.34.190 Possessing stolen property credit cards, presumption 9A.56.140 defined 9A.56.140 first degree class B felony 9A.56.150 defined 9A.56.150 lack of conviction, apprehension identification not a defense 9A.56.140 second degree public records 9A.56.160 stolen motor vehicle, value limit 9A.56.160 value limits 9A.56.160 third degree defined 9A.56.170 gross misdemeanors 9A.56.170 Premeditation negligent homicide by motor vehicle, not affected by 9A.32.020 requirement for first degree murder 9A.32.020 Presumptions degree of offense 9A.04.100 innocence 9A.04.100 Prisons and prisoners deadly weapon possession by person not a prisoner, penalty 9.94.043 definitions 9A.04.110 escape recapture of prisoner, term 9.31.090 hostages, holding person as, penalty 9.94.030 narcotic drugs, controlled substances possession class C felony 9.94.041 officers and guards, interference with duties, penalty 9.94.030 persistent prison misbehavior, penalty 9.94.070 possession of contraband prohibited, posting of notice, required 9.94.047 narcotic drugs, controlled substances by a person not a prisoner in a state correctional institution 9.94.045 prison riot defined, penalty 9.94.010 weapons possession by prisoner, penalty 9.94.040 Privacy, violating right of Ch. 9.73 Privacy of criminal records 10.97.120 (2008 Ed.) Private communications, intercepting, See COMMUNICATIONS, subtitle Telephone Private persons homicide committed by, justifiable when 9A.16.050 Prizes, promotional advertising of prizes violations 19.170.070 Probation services assessment fees, authority of judge of court of limited jurisdiction to levy 10.64.120 misdemeanors assessment for services 10.64.120 Process abuse of 9.62.020 district judges failure to execute process 12.04.190 failure to make or false 12.04.190 fake or false process, serving 9.12.010 Profiteering antiprofiteering revolving fund 9A.82.110 bars on certain prosecutions 9A.82.085 collection of an unlawful debt 9A.82.045 definitions 9A.82.010 extortionate extension of credit 9A.82.020, 9A.82.030, 9A.82.040 financial institution records inspection and copying 9A.82.170 wrongful disclosure 9A.82.170 leading organized crime 9A.82.060 proceeds, use of 9A.82.080 profiteering lien authorized procedure 9A.82.120 notice 9A.82.140 trustee of real property 9A.82.130 conveyance of property by, liability 9A.82.150 failure to comply 9A.82.160 remedies, civil and equitable 9A.82.100 restraining orders 9A.82.090 sporting event, influencing outcome 9A.82.070 trafficking in stolen property 9A.82.050, 9A.82.055 victim assistance, use of forfeitures and payments 9A.82.110 Prohibited labor practices, See LABOR, subtitle Prohibited practices Prohibition, enforcement of writ 7.16.320 Projectile stun gun, defined 9A.04.110 Promoting a suicide attempt class C felony 9A.36.060 Property defined 9A.04.110 Property, See CRIMES, subtitle Personal property; CRIMES, subtitle Real property Property, stolen possession of 9A.56.140 first degree 9A.56.150 second degree 9A.56.160 third degree 9A.56.170 Prosecution attempt, solicitation, or conspiracy to commit a felony defined by statute outside criminal code 9A.28.010 felonies defined by statute outside the Criminal Code 9A.20.040 may be by information Const. Art. 1 § 25 in name of state Const. Art. 4 § 27 Prostitution defined sexual conduct, defined 9A.88.030 employment of minor by prostitution house 26.28.070 hitchhiking, city and county regulation allowed to control 46.61.255 misdemeanor sexual conduct, defined 9A.88.030 patronizing a prostitute 9A.88.110 penalties and fees 9.68A.105 permitting prostitution 9A.88.090 prevention and intervention account 9.68A.105, 43.63A.740 prevention and intervention activities, additional fee to fund 9A.88.120 prevention and intervention services grant program 43.63A.720, 43.63A.725, 43.63A.730, 43.63A.735 promoting prostitution advances prostitution, defined 9A.88.060 class B felony 9A.88.070 first degree defined, elements 9A.88.070 profits from prostitution, defined 9A.88.060 second degree class C felony 9A.88.080 defined 9A.88.080 for travel 9A.88.085 prosecution sex of parties immaterial 9A.88.050 sentencing conditions 9A.88.130 sex of parties immaterial prosecution 9A.88.050 vehicle impoundment 9A.88.140 Providing contraband to a person in detention classification of crime 9A.76.160 for criminal purposes 9A.76.150 Psychologists, licensing violations 18.83.180 Public assistance application for grant, falsification 74.08.055 child support action 74.20.060 medical care health care providers bribes, kickbacks, rebates, or self-referrals 74.09.240 excessive, improper charges 74.09.260 false statements, fraud 74.09.230 false verification of written statement 74.09.280 institutional certification, false statements 74.09.250 patient trust funds, failure to deposit in trust account 74.09.270 surplus commodities, unlawful receipt and use of 74.04.385 Public buildings bomb threats 9.61.160 discrimination to deny public accommodations because of race, color, or creed 9.91.010 earthquake standards 70.86.040 Public conveyances bomb threats 9.61.160 Public defender system Ch. 36.26 Public disorder, state of emergency, definitions 43.06.200 Public disturbance disorderly conduct 9A.84.030 false report or warning 9A.84.040 riot deadly weapon, rioter armed with 9A.84.010 failure to disperse, disobedience of order 9A.84.020 Public lands, See also PUBLIC LANDS, subtitle Crimes relating to Public nuisances 9.66.010, 9.66.030, 9.66.050 abatement contempt for violation of order of abatement 7.48.090 punishment for failure to abate 7.48.250 abatement proceedings 9.66.040 contempt for violation of order of abatement 7.48.090 unequal damage no defense 9.66.020 Public officer defined 9A.04.110 homicide committed by, justifiable when 9A.16.040 official duties, limitation of actions 9A.04.080 Public officers and employees accounts, falsifying 42.20.070 auditing, fraudulent 42.20.060 books and papers, refusing to surrender to successor 42.20.030 certificates or writings, falsifying 42.20.050 [RCW Index—page 205] CRIMES claims, auditing or paying false claim 42.20.060 disobedience of any law 42.20.080 false personation of 42.20.030 falsifying accounts 42.20.070 intrusion into public office without authority 42.20.030 misappropriation of funds or property 40.16.020, 42.20.070, 42.20.090 misfeasance 42.20.100 money, using for private gain guilty of felony Const. Art. 11 § 14 neglect of duty, generally 42.20.100 omitting or refusing to pay over money received 42.20.070 performing duties without authority 42.20.030 powers of office, delegating to another for profit 42.20.020 prisoners under custody of, powers and duties, See PRISONS AND PRISONERS records, papers, or documents, destroying, falsifying, misappropriation of 40.16.020 reports or statements, falsifying 42.20.040 seal, refusing to surrender to successor 42.20.030 surrendering office to successor, refusing 42.20.030 treasurers, misappropriation of funds 42.20.090 Public records filing or recording false instrument 40.16.030 injury, destruction or removal of, penalty 40.16.010 misappropriation of records by public officer, penalty 40.16.020 offering false instrument for filing or recording 40.16.030 Public safety and education account, use of funds 43.08.250 Public safety and education assessment 3.62.090 Public servant asking or receiving bribe 9A.68.010 compensation for advice 9A.68.030 payment for particular action 9A.68.050 payment for public appointment 9A.68.040 asking or receiving compensation for advice 9A.68.030 bribery, defined 9A.68.010 defined 9A.04.110 crime of intimidating a public servant 9A.76.180 false or misleading statement made to 9A.76.175 intimidation of 9A.76.180 making false statement to 9A.72.030 offering or giving bribe 9A.68.010 payment for particular action 9A.68.050 payment for public appointment 9A.68.040 offering or paying compensation for advice 9A.68.030 official misconduct defined 9A.80.010 gross misdemeanor 9A.80.010 requesting unlawful compensation 9A.68.020 threatening to influence a public servant’s official action 9A.76.180 trading in public office, defined 9A.68.040 trading in special influence, defined 9A.68.050 Public utilities, defrauding 9A.61.020 damages 9A.61.070 definitions 9A.61.010 first degree 9A.61.030 restitution and costs 9A.61.060 second degree 9A.61.040 third degree 9A.61.050 Public utilities, See also PUBLIC UTILITIES, subtitle Violations Public works bidding violations, penalty 9.18.120, 9.18.130 [RCW Index—page 206] falsification of cost accounts and records 39.04.110 Publications, See CRIMES, subtitle Libel Punishment maximum terms 9A.20.020, 9A.20.021 murder, first degree 9A.32.040 restitution, as alternative to fine 9A.20.030 Punishment, cruel, prohibited Const. Art. 1 § 14 Railroads cars, interfering or tampering with 81.60.070 discrimination to deny public accommodations because of race, color, or creed 9.91.010 employees, duty, violation of endangering life or safety 81.48.060 firearms, discharging at train or car 81.60.070 first aid kits, penalty for not providing 81.44.085 industrial crossings, reporting and inspection of, violations 81.54.030 interfering with any part of rolling stock 81.60.080 lights or signals, tampering with 88.08.020 malicious injury to railroad property 81.60.070 obstructing train or car 81.48.020 receiving stolen property taken from railroad 81.60.080 removing any part of rolling stock 81.60.080 roadbed, interfering or tampering with 81.60.070 sabotage, interfering or injury to transportation constitutes 9.05.060 stealing any part of rolling stock 81.60.080 switches, interfering or tampering with 81.60.070 trains, interfering or tampering with 81.60.070 trestles, interfering or tampering with 81.60.070 Rape child first degree 9A.44.073 second degree 9A.44.076 third degree 9A.44.079 corroboration of victim unnecessary 9A.44.020 defenses to prosecution 9A.44.030 definitions 9A.44.010 first degree 9A.44.040 minimum term, mandatory 9A.44.045 limitation of action 9A.04.080 prevention of procreation as punishment 9.92.100 second degree 9A.44.050 third degree 9A.44.060 victim’s past sexual behavior, admissibility 9A.44.020 Real property damage to Ch. 9A.48 destruction, secretion, injury, etc., for insurance 48.30.220 false representations in recording encumbrance to title to real property 9.38.020 fraudulent conveyance or encumbrance of by corporation 9.24.020 proof of ownership in criminal prosecution 10.58.060 Rebating by health care providers Ch. 19.68 Receive, defined for theft and robbery 9A.56.010 Receiving or granting unlawful compensation class C felony 9A.68.030 defined, elements 9A.68.030 Receiving stolen property railroad property 81.60.080 Reckless burning 76.04.710, 76.04.740 building, defined 9A.48.010 damages, defined 9A.48.010 defense to prosecution 9A.48.060 first degree class C felony 9A.48.040 defined 9A.48.040 second degree defined 9A.48.050 gross misdemeanor 9A.48.050 Reckless driving gross misdemeanor 46.61.500 Reckless endangerment 9A.36.050 Recklessness, defined 9A.08.010 Recording false representations in recording title or encumbrance to real property 9.38.020 Recordings contraband recordings, disposition, forfeiture, and penalty 19.25.050 failure to disclose origin of recording, fine and penalty 19.25.040 live performances, use without consent of owner 19.25.030 reproduction of sound without owner’s consent, fine and penalties 19.25.020 Records filing or recording false instrument 40.16.030 injury, destruction or removal of 40.16.010 misappropriation of records by public officer 40.16.020 offering false instrument for filing or recording 40.16.030 prior convictions, use of in later prosecution 9.94A.637 vacation of record of convictions, conditions 9.94A.640 Records, See also STATE PATROL, subtitle Criminal offender record information Reenactments, disposition of profits 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.250, 7.68.260, 7.68.270, 7.68.280 Refrigeration equipment, abandoned Ch. 9.03 Refusing to summon aid for a peace officer defined 9A.76.030 misdemeanor 9A.76.030 Relative defined for crime of rendering criminal assistance 9A.76.060 Rental agreement property, conversion, destruction, sale, failure to redeliver 9.45.060 Reproduction of sound without owner’s consent, fine and penalty 19.25.020 Residential burglary 9A.52.025 Residential landlord-tenant act malicious or intentional destruction of property 59.18.130 unlawful use of firearm or deadly weapon 59.18.130 Resisting arrest defined 9A.76.040 Restitution alternative to fine, prosecuting attorney’s duty to investigate 9A.20.030 corporations, joint stock associations, also applicable to 9A.20.030 Restrain, defined for crimes of kidnapping, unlawful imprisonment, and custodial interference 9A.40.010 Restraining orders issuance of order in dissolution decree, enforcement 26.09.050, 26.09.060 Right of entry land, unimproved, unused, unfenced notice requirement 9A.52.010 posting requirement 9A.52.010 Rights of accused Const. Art. 1 § 22 Riot class C felony, when 9A.84.010 definition of crime 9A.84.010 failure to disperse, disobedience of order 9A.84.020 Rivers and streams obstructing or interfering with 9.66.010 Roads obstructing or interfering with, public nuisance 9.66.010 Roads, See also CRIMES, subtitle Highways Robbery (2008 Ed.) CRIMES appropriate lost or misdelivered property or services, defined 9A.56.010 by color or aid of deception, defined 9A.56.010 credit card, defined 9A.56.010 deception, defined 9A.56.010 defined 9A.56.190 definitions 9A.56.010 deprive, defined 9A.56.010 exerts unauthorized control, defined 9A.56.010 first degree bodily injury, infliction of 9A.56.200 class A felony 9A.56.200 deadly weapon, armed with 9A.56.200 deadly weapon, display of 9A.56.200 defined, elements 9A.56.200 obtain control over, defined 9A.56.010 owner, defined 9A.56.010 receive, defined 9A.56.010 second degree class B felony 9A.56.210 defined 9A.56.210 services, defined 9A.56.010 stolen, defined 9A.56.010 value, defined 9A.56.010 wrongfully obtains, defined 9A.56.010 Rock festival violations 70.108.130 Rules of construction application of general provisions of the code 9A.04.090 common law supplemental to penal statutes 9A.04.060 culpability substitutes for criminal negligence, recklessness, and knowledge 9A.08.010 tense, gender, number 9A.04.110 Sabotage assemblages 9.05.030 criminal sabotage, defined 9.05.060 provisions relating to cumulative 9.05.090 Savings and loan associations, relating to assets and liabilities, false statements as to 33.36.040 discount purchasing of accounts, debentures or certificates 33.36.020 evidence, suppressing, secreting or destroying 33.36.060 falsifications of books, etc. 33.36.040 financial conditions, false statements 33.36.050 illegal loans or investments 33.36.010 insolvency, transfers for preference of creditors 33.36.030 segregation corporation debentures and certificates, discount purchasing of 33.36.020 use of misleading words in name or advertising 33.08.010 Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Crimes relating to School employees termination of certificated employees for felony crime against child, right of appeal 28A.405.470 termination of classified employees for felony crime against child, right of appeal 28A.400.320 School premises, firearms possession on warrantless arrest, when authorized 10.31.100 Schools abusing teachers, penalty 28A.635.010 bribery and grafting by school officials, penalty 28A.635.050 contractor prohibited from employing person convicted of felony crime against child, penalty for violation 28A.400.330 disturbing school, school activities or meetings, penalty 28A.635.030 examinations, assisting persons to answer questions, penalty 28A.635.040 disclosing questions, penalty 28A.635.040 (2008 Ed.) expenditures by school officials in excess of revenues, penalty 28A.535.070 hiring of uncertificated teachers, director’s connivance, penalty 28A.635.080 insulting teachers, penalty 28A.635.010 interfering by force or violence with any administrator, teacher or student 28A.635.090 intimidating any administrator, teacher or student 28A.635.100 school directors, failure to enforce certain requirements for teachers, penalty 28A.405.040 school property defacing or otherwise injuring, penalty, parent’s liability 28A.635.060 failure of officials, employees, to account for, mutilation by, penalty 28A.635.070 teaching when certificate revoked for failure to emphasize patriotism, penalty 28A.405.040 threats to bomb or injure school buildings, penalty 9.61.160 willful disobedience of order of school administrative personnel or law enforcement officer 28A.635.020 Search and rescue dogs, interfering with 9.91.175 Securities act violations 21.20.400 Securities and investments advertising falsely 9.04.010 bucket shops, prohibited 9.47.090 Senior citizens criminal mistreatment 9A.42.010 defenses 9A.42.050 first degree 9A.42.020 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support system, exemption from chapter 9A.42.040 Sentences authorized for offenders 9A.20.020, 9A.20.021 murder, first degree 9A.32.040 restitution as alternative to fine 9A.20.030 sentencing reform act, standards, ranges Ch. 9.94A Services, defined for theft and robbery 9A.56.010 Sex offenses Ch. 9A.44 community protection zones preemption of local ordinance 9.94A.8445 duty of witness to report attempts and offenses 9.69.100 prostitution, See CRIMES, subtitle Prostitution rape, See CRIMES, subtitle Rape seduction, See CRIMES, subtitle sex offenses sexually explicit materials, unlawful display of 9.68.130 special allegation 9.94A.835, 9.94A.836, 9.94A.837, 9.94A.838, 9.94A.839 Sexual exploitation of children Ch. 9.68A Sexual psychopaths Ch. 71.06 Sexually explicit material, display of 9.68.130 Sexually transmitted diseases, generally 70.24.080 Sexually violent predators Ch. 71.09 Shellfish sanitation control, violations 69.30.140 Sheriffs, misconduct or nonfeasance 36.28.060 Ships and shipping, See CRIMES, subtitle Boats and vessels Shoplifting detention 9A.16.080 penalty false arrest suit for, reasonable cause a defense 4.24.220 Shoplifting, See also SHOPLIFTING Shopping cart theft definitions 9A.56.010 unlawful acts, misdemeanor 9A.56.270 Signature obtaining by deception or duress 9A.60.030 Silver coin silver, use of term 9.16.110, 9.16.130 sterling silver, use of term 9.16.100, 9.16.120 Ski areas fraud 19.48.110 Slander, See also CRIMES, subtitle Libel Snowmobiles endangerment, humans, animals 46.10.130 operating under influence of drugs or alcohol 46.10.090 Soft tree fruits, penalty 15.28.270 Solicitation, criminal 9A.28.030 Solid waste collection companies 81.77.090 Sporting event, influencing outcome 9A.82.070 Stalking 9A.46.110 State criminal jurisdiction 9A.04.030 State employees’ retirement system, false statements 41.40.055 State lottery action without requisite license felony 67.70.140 class C felonies 67.70.160 false or misleading statement gross misdemeanor 67.70.150 forgery, fraud, deceit, misrepresentation felony 67.70.130 ticket sale to minor misdemeanor 67.70.120 violation of rules gross misdemeanor 67.70.170 State monuments, defacing 9A.48.110 State of emergency definitions 43.06.200 failure to heed order of public official during, penalty 43.06.250 general unlawful conduct during, penalty 43.06.240 malicious destruction of property or injury to person, penalty 43.06.230 Statewide special inquiry judge witnesses, disclosure of information 10.29.060 Statute, defined 9A.04.110 Statute of limitations, See LIMITATION OF ACTIONS Steam, negligent use of 70.54.080 Stock restricted areas 16.24.040 Stolen, defined for theft and robbery 9A.56.010 Stolen property pawnbrokers and second-hand dealers, duty to report to law enforcement 19.60.040 possession of 9A.56.140 first degree 9A.56.150 second degree 9A.56.160 third degree 9A.56.170 Stop-payment order, unlawful class C felony, amount 9A.56.060 gross misdemeanor, amount 9A.56.060 Strangulation assault, second degree 9A.36.021 defined 9A.04.110 Street railways, See STREET RAILWAYS, subtitle Crimes relating to Streets and alleys obstructing or interfering with 9.66.010 Streets and alleys, See also CRIMES, subtitle Highways; CRIMES, subtitle Roads Substantial bodily harm defined 9A.04.110 Subversive activities definitions 9.81.010 membership in subversive organization, penalty 9.81.030 Suicide, promoting an attempt class C felony 9A.36.060 Support of dependent children, parent applying for public assistance, statement under oath as to income, etc. 74.20.260 Surface mining violations 78.44.260 Swindles Ch. 9.45 Swindling places of 9.66.010 Switch blade knives 9.41.250 [RCW Index—page 207] CRIMES Sword, intimidation of another, unlawful 9.41.270 Tampering with a witness definition and elements 9A.72.120 Tampering with physical evidence defined, elements 9A.72.150 gross misdemeanor 9A.72.150 physical evidence, defined 9A.72.150 Teachers’ retirement system falsification 41.32.055 Tear gas bombs, unlawful use 70.74.310 Telecommunications civil cause of action 9A.56.268 theft of services 9A.56.262 unlawful manufacture of device 9A.56.264 unlawful sale of device 9A.56.266 Telecommunications fraud 9.26A.110, 9.26A.115 civil action to enjoin violation 7.40.230 definitions 9.26A.100 pay telephones, fraudulent operation 9.26A.120 pay telephones, manufacturing of slugs for use in 9.26A.130 Telegrams divulging contents by telegraph company employee, penalty 9.73.010 obtaining knowledge of wrongfully, penalty 9.73.010, 9.73.020 publishing message, penalty 9.73.020 refusing or delaying delivery by telegraph company employee, penalty 9.73.010 Telephones calling to harass, intimidate, torment or embarrass 9.61.230, 9.61.250 credit card number or code, prohibited acts 9.26A.090 intercepting, See COMMUNICATIONS, subtitle Telephone permitting telephone to be used to harass, intimidate or torment 9.61.240, 9.61.250 records, unauthorized sale or procurement 9.26A.140 refusal to yield party lines penalty 70.85.020 request for line on pretext of emergency 70.85.030 Terrorism, see TERRORISM Testimony, defined for perjury 9A.72.010 Theft ammonia 69.55.010 auto theft prevention authority Ch. 46.66 beverage crates 9A.56.010 cable television services connection of nondecoding and nondescrambling channel frequency converter permissible 9A.56.260 defense 9A.56.020 defined 9A.56.020 definitions 9A.56.010 firearms 9A.56.300 first degree defined elements 9A.56.030 with intent to resell 9A.56.340 larcenies defined in other laws treated as theft 9A.56.100 livestock 9A.56.080, 9A.56.083 merchandise pallets 9A.56.010 motor vehicles 9A.56.063, 9A.56.065, 9A.56.068, 9A.56.078, 9A.56.096 railroads, stealing any part of rolling stock 81.60.080 retail extenuating circumstances 9A.56.360 organized theft 9A.56.350 second degree defined 9A.56.040 property or services, value limit 9A.56.040 public records 9A.56.040 shopping carts 9A.56.010 unlawful acts, misdemeanor 9A.56.270 third degree defined 9A.56.050 [RCW Index—page 208] property or services, value limit 9A.56.050 Theft, See also CRIMES, subtitle Larceny Theft of rental, leased, or lease-purchased property 9A.56.096 Threat defined 9A.04.110 crime of coercion 9A.36.070 crime of intimidating a public servant 9A.76.180 intimidating a juror 9A.72.130 intimidating a witness 9A.72.110 Threatening telephone calls 9.61.230 Threats against governor or immediate family, governor-elect, officers next in order of succession, penalty 9A.36.090 Three strikes persistent offender, definition 9.94A.030 purpose and procedures 9.94A.555, 9.94A.561, 9.94A.565 sentencing requirements 9.94A.505 Throwing stars, possession on school premises or facilities, penalty, exceptions 9.41.280 Timeshares 64.36.210 Toxic fumes, inhalation of Ch. 9.47A Tracking of felony cases department of corrections to maintain records 10.98.110 Trademarks and trade names beverage containers, refilling, penalty 19.76.110 fraudulent registration 9.16.060 petroleum products, misrepresentation of trademark or trade names 9.16.080 Trading in public office class C felony 9A.68.040 defined 9A.68.040 Trading in special influence class C felony 9A.68.050 defined 9A.68.050 Trading stamp violations 19.83.050 Trading stamps, violations 19.84.040 Traffic infractions failure to obey police order to stop 46.61.022 Traffic infractions, See also TRAFFIC INFRACTIONS Trafficking 9A.40.100 Trafficking in stolen property 9A.82.050, 9A.82.055 Transportation companies, See TRANSPORTATION COMPANIES, subtitle Violations Treason defined, penalty 9.82.010 "levying war", defined 9.82.020 misprision of treason, defined, penalty 9.82.030 Tree fruit research commission, rules violations and penalty 15.26.300 Tree spiking 9.91.150, 9.91.155 Trespass defenses 9A.52.090 definitions 9A.52.010 first degree 9A.52.070 landlord and tenant unlawful detainer 59.12.030 military grounds 38.32.120 second degree 9A.52.080 unimproved, unfenced land posting requirement 9A.52.010 Trust companies advertising furnishing of legal services, penalty 30.04.260 use of "bank" or "trust" restricted to banks or trust companies, penalty 30.04.020 "bank" or "banking", use of word restricted to banks and trust companies, penalty 30.04.020 certification of check without funds 30.16.010 destroying or secreting records 30.12.100 examinations, violation of confidentiality 30.04.075 false statements as to assets or liabilities 30.12.090 false swearing in examinations is perjury 30.04.060 falsifying books 30.12.090 legal services, solicitation or furnishing of prohibited 30.04.260 loans commission or gratuity for procuring 30.12.110 trust funds, loans to officers and employees from 30.12.120 penalty, generally 30.12.190 receiving deposit while insolvent 30.44.120 transfers in contemplation of insolvency 30.44.110 trust business, commingling of funds or securities 30.04.240 Unemployment compensation, violations, generally 50.36.010, 50.36.020 Unfair business practices 19.86.110 Uniform facsimile signature of public officials act, using to defraud 39.62.040 Unlawful imprisonment class C felony 9A.40.040 defined 9A.40.040 Unsworn certified written statements, out-ofstate 9A.04.030 Value, defined for theft and robbery 9A.56.010 Vehicle, defined 9A.04.110 Vehicle dealers 46.70.021 Vehicle dealers, manufacturers, and buyers’ agents 46.70.180 Vehicle dealers and manufacturers 46.70.170 licenses denial, suspension, or revocation grounds 46.70.101 Vehicles, See also CRIMES, subtitle Motor vehicles Vehicular assault 7.68.020 alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 Vehicular homicide 7.68.020 alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 definition and penalty 46.61.520 Verdict proof required for convictions 9A.04.100 Vessels and shipping convicts brought into state 88.08.030 lights or signals, tampering with 88.08.020 operation under influence of alcohol or drugs 90.56.540, 90.56.550, 90.56.560 unlicensed pilotage 88.08.060 Vessels and shipping, See CRIMES, subtitle Boats and vessels Veterinary licensing violations 18.92.230, 18.92.240 Victims, survivors, and witnesses of construction of chapter 7.69.050 criminal gang member, protection for testifying against 7.69.035 definitions 7.69.020 incapacitated or incompetent victims representation provided for 7.69.040 intent 7.69.010 rights enumerated 7.69.030 Victims of compensation Ch. 7.68 Video and sound recordings, use by police, fire, and certain emergency response personnel 9.73.090 Video or computer games, violent sale to minors 9.91.180 Violations, complaints by sheriff 36.28.010, 36.28.011 Violations with no statutory penalty are misdemeanors 9A.20.010 Violent offenders release without bail, statement of reasons 10.19.170 Violent offenses duty of witnesses to report 9.69.100 (2008 Ed.) CRIMINAL JUSTICE TRAINING COMMISSION Visually or hearing impaired youth failing to make reports required by law 72.40.100 Voyeurism class C felony 9A.44.115 limitation of actions 9A.04.080 Wages discrimination due to sex 49.12.175 kick-backs 49.52.050 rebates 49.52.050 wrongful refusal to pay 49.48.060 Warehouse receipts delivery of goods without obtaining negotiable receipt 22.32.050 duplicate receipts, not marking 22.32.040 fictitious receipt 22.32.020 liquor warehouse receipts, penalty 9.45.160, 9.45.170 refusing to issue 22.32.010 unlawful practices 22.09.250 using unauthorized receipts 22.09.310 Warehouses for storage of agricultural commodities general penalty 22.09.890 violations by inspectors 22.09.770 Waste tires, storage or transportation without license 70.95.565 Water furnishing impure 70.54.020 poisons or other harmful objects in food, drinks, medicine, or water Ch. 69.40 polluting 70.54.010 watersheds in adjoining state 70.54.030 Water, sewer, or drainage connection without water-sewer district permission, penalties 57.08.180 Water code violations 90.03.400, 90.03.410, 90.03.420 Water pollution penalty 90.48.140 Water resources rules and regulations, violation, procedure 43.27A.190 Water rights misrepresentation of claim, penalty 90.14.121 Watercraft 79A.60.050, 79A.60.060 Weapons brass knuckles 9.41.250 exhibitions, dangerous, prohibited 9.41.260 intimidation of another, unlawful 9.41.270 rioter armed with 9A.84.010 slung shot 9.41.250 switch blade knives 9.41.250 Weapons, See also CRIMES, subtitle Firearms Weather modification violations 43.37.200 Weed control, unlawful acts 17.10.235 Weighmasters and commodity weighing, unlawful acts 15.80.620, 15.80.630, 15.80.640, 15.80.650 Weights and measures 19.94.510 Well construction, unlawful acts 18.104.030, 18.104.160 White cane law, penalty for violations 70.84.070 Wildlife, criminal acts and penalties Ch. 77.15 Wills, delivery on death of testator, penalty for failure 11.20.010 Wiretaps illegal drug transactions authorizations 9.73.090, 9.73.230 evidence, admissibility as 9.73.230 judicial authorization, availability of judge for, requirements 9.73.220 legislative findings 9.73.200 one-party consent 9.73.210 reports 9.73.230 violations investigation and prosecution 9.73.240 Witnesses bribe receiving by, definition and elements 9A.72.100 bribing, defined, elements 9A.72.090 inducement to testify falsely, withhold testimony, or absence from proceedings 9A.72.120 (2008 Ed.) inducing avoidance of legal process 9A.72.090 influencing testimony 9A.72.090 intimidating, definition and elements 9A.72.110 intimidation 9A.72.110 payment to influence testimony, avoiding process, or absence from proceeding 9A.72.100 perjury, See CRIMES, subtitle Perjury refusal to attend and answer when summoned before legislature 9.55.020 self-incrimination, bribery, witness not excused on ground of self-incrimination 9.18.080 tampering with, definition and elements 9A.72.120 Witnessing felony, failing to report certain 9.69.100 Written instrument defined 9A.60.010 forgery 9A.60.020 obtaining a signature by deception or duress 9A.60.030 Wrongfully obtains, defined for theft and robbery 9A.56.010 CRIMINAL CODE (See CRIMES) CRIMINAL HISTORY Background checks, See STATE PATROL Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Privacy, See CRIMINAL RECORDS PRIVACY ACT CRIMINAL IDENTIFICATION (See STATE PATROL, subtitle Identification and criminal history section) CRIMINAL INSANITY (See CRIMINAL PROCEDURE, subtitle Criminal insanity; MENTAL ILLNESS, subtitle Criminal insanity) CRIMINAL INVESTIGATIONS (See GRAND JURY, subtitle Criminal investigations) CRIMINAL JUSTICE AGENCIES Defined 43.43.705 Dissemination, disclosure of information, See CRIMINAL RECORDS PRIVACY ACT Interlocal agreements and contracts 39.34.180 Local sales and use tax distribution Ch. 82.14 CRIMINAL JUSTICE FORECASTING Primary sources state patrol, department of corrections, office of financial management 10.98.140 Sentenced felon jail forecast office of financial management to prepare 10.98.140 CRIMINAL JUSTICE INFORMATION ACT Admission to jails prompt reporting to office of financial management 10.98.130 Arrest and fingerprint form felons 10.98.050 judge’s duties 10.98.050 state patrol sole recipient for federal transmission 10.98.070 unique number system 10.98.060 Conviction histories for filings, plea agreements and sentencing state patrol primary source 10.98.030 Criminal justice forecasting 10.98.140 Criminal offender record information disposition form and report annual audits 10.98.100 Definitions 10.98.040 Disposition form and report annual audit to see if transmitted to state patrol 10.98.100 felony conviction disposition form and report transmit to corrections department 10.98.090 prosecuting attorney to send to state patrol 10.98.090 state patrol sole recipient for federal transmission 10.98.070 transmitted to prosecuting attorney 10.98.050 Filing conviction histories from state patrol 10.98.030 Findings, intent 10.98.200 Fingerprints and identifying data judge’s duties 10.98.050 transmit to state patrol identification and criminal history section 10.98.050 Forecasting, criminal justice 10.98.140 Jails admission or release prompt reporting to office of financial management 10.98.130 National crime information center interstate identification index 10.98.070 Plea agreements conviction histories from state patrol 10.98.030 Procedures, development considerations review and recommendations 10.98.160 Release from jails prompt reporting to office of financial management 10.98.130 Sentenced felon jail forecast office of financial management to prepare 10.98.140 Sentencing conviction histories from state patrol 10.98.030 State identification number state patrol to furnish to originating agency and prosecutor 10.98.080 State patrol conviction histories for filings, plea agreements and sentencing 10.98.030 Status of suspected or convicted felons prompt response by patrol and corrections department to jails and law agencies 10.98.150 Tracking of arrest charges 10.98.060 Tracking of felony cases 10.98.010 department of corrections to maintain records 10.98.110 Washington integrated justice information board meetings 10.98.220 members 10.98.210 powers and duties 10.98.230 report 10.98.240 CRIMINAL JUSTICE TRAINING COMMISSION Child abuse and neglect training 43.101.365, 43.101.370 Community-police partnership training duties 43.101.240 Correctional training standards and education, board on 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340 Definitions 43.101.010 Domestic violence incident reporting to association of sheriffs and police chiefs requirements and procedures 10.99.030 Firearms certificate program private detectives 43.101.250 security guards 43.101.260 Higher education students, eligibility for basic law enforcement training 43.101.222 Juvenile runaways, policy manual of statutes regarding 43.101.300 Law enforcement training standards and education, board on 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340 Meetings 43.101.060 Membership 43.101.030, 43.101.040, 43.101.050 [RCW Index—page 209] CRIMINAL MISTREATMENT Peace officers, See PEACE OFFICERS Powers and duties 43.101.080, 43.101.085 Private detectives firearms certificate program 43.101.250 Public safety and education account to benefit 43.08.250 Purpose 43.101.020 Racial profiling 43.101.410 Receipt of grants, funds, gifts administration 43.101.190 Rules and regulations, adoption, administration 43.101.080 Security guards firearms certificate program 43.101.260 Training basic law enforcement provision of support, facilities 43.101.200 requirement for new personnel 43.101.200 child abuse and neglect training 43.101.365, 43.101.370 child sexual abuse investigators 43.101.224 core requirements 43.101.350 corrections personnel 43.101.220 developmental disability or mental illness, interaction with persons with a 43.101.227 education at approved existing institutions 43.101.170 ethnic and cultural diversity curriculum development and implementation 43.101.280 firearms certificate program private detectives 43.101.250 security guards 43.101.260 Indian tribes certification 43.101.157 noncertified, training 43.101.230 malicious harassment and other crimes of bigotry and bias identification, response, and reporting training 43.101.290 priorities 43.101.180 report to legislature 43.101.360 sexual assault investigating and prosecuting 43.101.270 students enrolled at higher education institutions, eligibility 43.101.222 vehicular pursuits 43.101.225 Travel expenses and compensation 43.101.070 Vehicular pursuits model policy 43.101.226 training 43.101.225 CRIMINAL MISTREATMENT (See CRIMES) CRIMINAL OFFENDER RECORD INFORMATION (See CRIMINAL JUSTICE INFORMATION ACT) CRIMINAL PROCEDURE Abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 Acquittals several defendants, conviction or acquittal of one or more 10.61.035 verdict of, no reconsideration of 10.61.060 Acquittals, See also CRIMINAL PROCEDURE, subtitle Dismissals Advance payment of money or fees by accused, prohibition against Const. Art. 1 § 22 Aliens deportation consequences of guilty plea advisement 10.40.200 Aliens committed to department of corrections conditional release for deportation 9.94A.685 Anticipatory offenses 9.94A.595 Appeals accused, right of Const. Art. 1 § 22 bail pending appeal 10.73.040 [RCW Index—page 210] bonds 10.73.040 court of appeals, limitation on jurisdiction 2.06.030 district courts 10.10.010 district courts, from costs, payment of 10.10.060 default in prosecuting 10.10.060 failure to appear, conviction, sentencing 10.10.060 felons transfer from county to state facility 36.63.255 public defense, office of Ch. 2.70 state to pay costs and fees of indigent parties 4.88.330 stay of execution of judgment, conditions of release 9.95.064 Appearances accused, in person or by counsel Const. Art. 1 § 22 Armed offenders notification and warning 10.01.210 Arraignment name entry and use of true name 10.40.050 inserting true name during trial 10.46.060 pleadings to 10.40.060 Arrest apprehension of defendant any place in state authorized 10.34.010 breaking and entering to make 10.31.040 district court judges offenses committed in view of 10.04.020 escape pursuit and retaking of any place in state authorized 10.34.020 retaking in foreign state, extradition 10.34.030 extradition governor’s powers and duties as to 10.34.030 felonies warrantless arrest, when authorized 10.31.100 force in making 10.31.050 fugitives out-of-state, extradition 10.34.030 pursuit and retaking of any place in state 10.34.010, 10.34.020 gross misdemeanors warrantless arrest, when authorized 10.31.100 immunity from militia personnel 38.32.030 securing attendance of witness from without the state in criminal proceedings, uniform act 10.55.020 misdemeanors warrantless arrest, when authorized 10.31.100 service how made 10.31.060 warrant offense committed in view of district court judge 10.04.020 service how made 10.31.030 sheriff’s fee 36.18.040 utilities and transportation commission, arrest without warrant, when 80.04.470, 81.04.460 Arrest without warrant customs officer 10.88.330 immigration service officer 10.88.330 peace officer 10.88.330 private person 10.88.330 Attorney, See CRIMINAL PROCEDURE, subtitle Counsel Attorney general, authorized to act as prosecuting attorney 10.01.190 Bail action on not barred for defect or failure to record default 10.19.120 appeal bond 10.73.040 approval of 10.19.040 capital offenses, bailable when Const. Art. 1 § 20 district court judges 10.04.040 excessive not to be required Const. Art. 1 § 14 extradition proceedings, fugitive from another state 10.88.350 fines and costs, recognizance with sureties to pay stays execution for 10.82.020 forfeiture action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 habeas corpus orders of commitment, from 7.36.150 writ may be used for admission to 7.36.160 offenses bailable Const. Art. 1 § 20 preliminary hearings witnesses 10.16.145, 10.16.160 minors 10.16.150 witnesses 10.16.145, 10.16.160 minors 10.16.150 Bail bond forfeiture action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 sureties liability 10.19.150 return of bond 10.19.140 surrender of person under bond 10.19.160 vacation of forfeiture judgment if person produced 10.19.105 Bar to prosecution discharging defendant to give evidence for state or codefendant, bars subsequent prosecution 10.46.110 immunity from prosecution, witnesses not excused from giving self-incriminating testimony if given immunity from prosecution 10.52.090 jeopardy, no person to be twice put in Const. Art. 1 § 9 Bars to subsequent prosecution Ch. 10.43 Bonds appeal bonds 10.73.040 Bonds, See also CRIMINAL PROCEDURE, subtitle Bail Capital penalty, court of appeals, jurisdiction 2.06.040 Capital punishment supreme court rules not to supersede chapter provisions 10.95.010 Child sexual abuse limitation of actions 9A.04.080 Child sexual assault criminal records information identifying victims is confidential 10.97.130 identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 Civil rights, restoration of application for, on termination of suspended sentence 9.92.066 certified copy of instrument, recording and indexing of 9.96.030 form of certificate 9.96.020 parolees 9.96.050 vacating records 9.96.060 when permitted 9.96.010 Commission of crime in another state, charge or complaint, warrant of arrest 10.88.320 Commitment aliens, notice to immigration authorities, copies of clerk’s records 10.70.150 (2008 Ed.) CRIMINAL PROCEDURE aliens, notice to immigration authorities, copy of clerk’s records 10.70.140 certified copy of conviction and sentence as mittimus 10.70.020 fine and costs, commitment of defendant until paid 10.70.010, 10.82.030 fugitive from another state 10.88.340 habeas corpus habeas corpus writs suspended during martial law 38.08.030 limitation on discharge from 7.36.130 orders of commitment discharge from 7.36.150 recommitment 7.36.150 orders of court, bail 7.36.150 temporary commitment authorized 7.36.240 injunctions, default on bond in contempt for disobedience 7.40.170 juvenile court, See COMMITMENT, subtitle Juvenile court ne exeat, default on bail bond 7.44.030 Commitment, See also CRIMINAL PROCEDURE, subtitle Preliminary examination and commitment Common law supplemental to penal statutes 9A.04.060 Commutation of death sentence, governor’s power to commute 10.01.120 Complaints frivolous 10.16.080 complainant to pay costs, enforcement 10.46.210 malicious 10.16.080 sheriff’s duty to make 36.28.010, 36.28.011 untried complaints against imprisoned persons, disposition of 9.98.010, 9.98.020, 9.98.030, 9.98.040 Complaints, See also DETAINERS, INTERSTATE Compromise of misdemeanors bar to another prosecution for same offense 10.22.020 compromise of other offenses prohibited 10.22.030 costs 10.22.020 procedure 10.22.020 when permitted, exceptions 10.22.010 Confessions conviction, confession in open court convicts 10.01.060 made under duress, cannot be used 10.58.030 made under inducement, cannot convict unless corroborated 10.58.030 Confrontation of witnesses, right of accused to 10.52.060 Continuances evidence, time to obtain as grounds for, proof 10.46.080 sexual offenses against children limits on granting 10.46.085 Contribution, donation, payment filing of criminal charge may not be dismissed as a result of 10.01.220 Controlled substances, See DRUGS Convictions detention of defendant awaiting sentence conditions of release 10.64.027 exceptions 10.64.025 doubt as to degree of offense, lowest degree must be used 10.58.020 evidence beyond a reasonable doubt required for 10.58.020 jurisdiction required 10.01.050 lesser degree than charged, or attempt 10.61.010 necessary before punishment 10.01.050 notice of conviction 10.64.021 record of use in later prosecution 9.94A.637 vacation of, conditions 9.94A.640 requisites for 10.01.060 several defendants, conviction or acquittal of any one or more 10.61.035 (2008 Ed.) verdict of, reconsideration if mistake in law 10.61.060 voting rights, loss of acknowledgment 10.64.140 Coroner’s inquest, See CORONERS, subtitle Inquests Corporations judgment, force and effect 10.01.090 penalties against, fines if penalty incapable of execution or enforcement 10.01.100 service of process on 10.01.070 Correctional institutions, See CORRECTIONAL FACILITIES Costs allowed to acquitted or discharged defendant 10.46.200 commitment to enforce payment 10.70.010 duration of confinement 10.82.030 rate per day 10.82.030 working out 10.82.040 compromise of misdemeanors 10.22.020 cost bills in felony cases approval of by court 10.46.220 certification 10.46.220 payment of 10.46.230 prosecuting attorney to examine 10.46.220 default in payment, enforcement, collection 10.01.180 disposition 10.82.070 district courts appeals to superior court 10.10.060 execution for 10.82.010 failure to pay after stay, execution against sureties, commitment of defendant 10.82.025 against property of defendant 10.82.030 stay of execution on furnishing recognizance with sureties 10.82.020 suspension of sentence upon payment of costs as condition 10.82.030 failure to pay after stay, execution against sureties, commitment of defendant 10.82.025 frivolous complaint, complainant to pay, enforcement 10.46.210 judgment to include 10.64.015 jury fee as 10.46.190 liability of convicted person for 10.46.190 malicious complaints taxed against complainant 10.16.080 payment deferred, installments 10.01.170 installments 9.92.070 required, remission 10.01.160 witness fees, payment of 10.46.230 working out no county jail, how worked out 10.82.030 rate per day 10.82.030 Court decides question of law 10.46.070 Court of appeals, jurisdiction 2.06.040 Courts of limited jurisdiction deferred prosecution program Ch. 10.05 Criminal identification negative file of department of licensing on drivers’ licenses and identicards, availability to law enforcement agencies 46.20.118 Criminal identification, See also STATE PATROL, subtitle Identification and criminal history section Criminal insanity sexually violent predators Ch. 71.09 Criminal justice costs, county petition for reimbursement of extraordinary costs 43.330.190 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Criminal process records authenticity 10.96.030 definitions 10.96.010 issuance of criminal process 10.96.060 legislative findings 10.96.005 production of records 10.96.020 recipients’ immunity from liability 10.96.050 service of process 10.96.040 Criminal records, See CRIMINAL JUSTICE INFORMATION ACT; CRIMINAL RECORDS PRIVACY ACT Criminally insane acquittal, motion for on grounds of insanity, hearing, findings 10.77.080 acquittal by reason of insanity 10.77.110 appellate review, right of either party 10.77.230 commitment, records and reports to accompany defendant 10.77.097 commitment eligibility, cause of mental disorder 10.77.027 commitment or treatment, maximum term 10.77.025 competency, doubt as to 10.77.060 conditional release application, procedure on 10.77.150 payments to persons on 10.77.170 review of case 10.77.180 revocation or modification of terms, procedure 10.77.190 secretary’s recommendation required for release without hearing 10.77.155 supervision of released committed person by department of corrections 10.77.150 terms and conditions of release, reports of adherence to 10.77.160 confinement of committed person, custody, hearings, release 10.77.120 costs, responsibility for, reimbursement 10.77.250 definitions 10.77.010 escape notification requirements 10.77.165 evaluations, reports and recommendations to court required 10.77.065 evidence, admissibility, requisites 10.77.030 examination by an expert or professional person, defendant’s right to 10.77.070 expert, right to 10.77.020 experts or professional persons as witnesses 10.77.100 furlough notice 10.77.163 secretary’s recommendation required for release without hearing 10.77.155 involuntary medication 10.77.092, 10.77.093 jury, instructions to on special verdict 10.77.040 legal counsel 10.77.020 mental incapacity, person under, trial, conviction or sentencing of, not permitted 10.77.050 not to be incarcerated in state correctional facility, exceptions 10.77.220 order of commitment or treatment 10.77.020 person, committed or conditionally released examinations, periodic 10.77.140 notice to court 10.77.140 reports 10.77.140 persons involuntarily detained or committed release of information regarding authorization 10.77.207 plea of not guilty due to insanity 10.77.060 records and reports on to be kept, made available 10.77.210 release procedures 10.77.200 right to adequate care and treatment 10.77.210 rights, existing, not affected 10.77.240 rights of persons subject to chapter 10.77.020 sexual or violent offenders notice requirements for release, transfer, or escape 10.77.205 stay of proceedings for incompetency 10.77.084, 10.77.086, 10.77.088 violent act, presumptions 10.77.260 Deadly weapon special verdict 9.94A.602 Death penalty methods of execution 10.95.180 [RCW Index—page 211] CRIMINAL PROCEDURE reprieve, governor’s power to grant 10.01.120 single-person cells 10.95.170 Defendants confrontation of witnesses, right to 10.52.060 depositions of witness, when permitted 10.52.060 costs default in payment, enforcement, collection 10.01.180 deferred, installment payments 10.01.170 payment requirement, remission 10.01.160 detention when convicted and awaiting sentence conditions of release 10.64.027 exceptions 10.64.025 discharging defendant to give evidence for codefendant, bars subsequent prosecution 10.46.110 state, bars subsequent prosecution 10.46.110 joinder of 10.37.060 joint conviction or acquittal 10.61.035 may testify in own behalf 10.52.040 naming of 10.37.050, 10.37.054 not compelled to testify 10.52.040 notice of conviction 10.64.021 right to examination by expert or professional person 10.77.070 several conviction or acquittal 10.61.035 state’s evidence, becoming 10.46.110 Defenses confession made under duress, cannot be used 10.58.030 discharging defendant to give evidence for codefendant, bars subsequent prosecution 10.46.110 state, bars subsequent prosecution 10.46.110 false arrest, reasonable cause 4.24.220 false imprisonment 4.24.220 force, lawful use of 9A.16.020 force, use of, when lawful 9A.16.020 libel and slander 9.58.020, 9.58.040, 9.58.050, 9.58.070 not guilty by reason of insanity 10.77.060 property, defense of 9A.16.020 public nuisance, unequal damage no defense 9.66.020 rights of accused Const. Art. 1 § 22 self-defense 9A.16.020, 9A.16.050, 9A.16.110 Deferred prosecution program courts of limited jurisdiction Ch. 10.05 payment of costs may be required as condition of 10.01.160 Demurrers indictment or information grounds for 10.40.110 overruling demurrer, failure to plead over, judgment on demurrer 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, not bar to subsequent prosecution 10.40.125 Depositions grand jury, disclosure of contents 9.51.060 preliminary examinations 10.16.160 witnesses 10.16.160 when permitted 10.52.060 Detainers, interstate administrator, state 9.100.060 appropriate court, defined 9.100.020 enforcement 9.100.030 escape, effect 9.100.040 giving over of inmate authorized 9.100.050 request for temporary custody, notice to prisoner and governor 9.100.070 text of agreement 9.100.010 transmission of copies of chapter by secretary of state 9.100.080 Developmentally disabled acquittal by reason of insanity [RCW Index—page 212] evaluation and treatment 10.77.110 involuntary commitment 10.77.095 custody, hearings, and release 10.77.120 escape notification requirements 10.77.165 examinations, periodic 10.77.140 furloughs, notice to prosecuting attorneys 10.77.163 release procedures 10.77.200 not guilty by reason of insanity plea or competency 10.77.060 record keeping, availability of records 10.77.210 right to adequate care and treatment 10.77.210 stay of proceedings for incompetency 10.77.084, 10.77.086, 10.77.088 Discovery rape crisis center records not available to defense attorney, exceptions 70.125.065 Dismissals discharge of defendant to give evidence for state 10.46.110 District courts appeals to superior court costs, payment of 10.10.060 default 10.10.060 arrest offenses committed in view of judge 10.04.020 bail 10.04.040 costs judgment for 10.04.110 deferred sentencing, suspension, limitations, revocation 3.66.067, 3.66.068, 3.66.069 fines, judgment for 10.04.110 stay of execution 10.04.120 jurisdiction public nuisance abatement 9.66.040 jury demand for 10.04.050 plea of guilty 10.04.070 probation termination 3.66.069 punishment fine, jail until paid 10.04.110 punishment not adequate, ordering defendant to appear in superior court 10.04.100 DNA testing request 10.73.170 Domestic violence electronic monitoring may be required as condition of release of defendant 10.99.040 Domestic violence, See also DOMESTIC VIOLENCE Duress confession made under cannot be used 10.58.030 Entry and use of true name 10.40.050 Evidence accused not required to incriminate self Const. Art. 1 § 9 child’s statement describing act or attempted act of sexual contact, when admissible 9A.44.120 civil rules apply to criminal prosecutions 10.58.010 confessions made under duress, cannot be used 10.58.030 made under inducement, cannot convict unless corroborated 10.58.030 conviction doubt as to degree of offense, lowest degree must be used 9A.04.100, 10.58.020 evidence beyond a reasonable doubt required for 10.58.020 evidence beyond reasonable doubt required for 9A.04.100 discharging defendant to give evidence for state, bars subsequent prosecution 10.46.110 grand jury criminal investigations 10.27.090 larceny prosecution, sufficiency of proof of ownership of property 10.58.060 preliminary examinations 10.16.160 presumptions doubt as to degree of offense, lowest degree must be used 9A.04.100, 10.58.020 innocence presumed 10.58.020 prior convictions, use of in later prosecution 9.94A.637 property, pleading proof of ownership 10.58.060 sex offenses admissibility 10.58.090 statements of defendant, admissibility 10.58.035 vacation of record of conviction, conditions 9.94A.640 view of place of crime permissible 10.58.080 Exceptions, civil practice rules applicable to 4.80.140 Exhibits, reporter’s notes and unopened depositions, preservation, sheriff’s disposal, or destruction 36.23.070 Extradition agent, duties 10.88.400 application for requisition for return of person, affidavits, contents, copies, filed by 10.88.410 confinement of prisoner cost 10.88.310 in transit, cost 10.88.310 delivery of accused, violation, penalty 10.88.300 governor’s warrant 10.88.260 investigation and report of attorney general or prosecuting attorney 10.88.230 failure to make timely arrest or demand for extradition 10.88.360 fugitives from another state arrest without warrant 10.88.370 bail by bond, conditions 10.88.350 bond forfeiture 10.88.370 commitment to county jail 10.88.340 discharge 10.88.360 failure to appear 10.88.370 magistrate’s warrant 10.88.340 pending criminal prosecution in this state, governor’s decision regarding 10.88.380 preliminary examination 10.88.340 recommitment 10.88.360 recovery on bond 10.88.370 governor demand for, by 10.88.400 issue of warrant to agent 10.88.400 powers and duties as to 10.34.030 payment of costs as condition to suspended sentence 9.92.060 person arrested, right to legal counsel, writ of habeas corpus 10.88.290 retaking fugitive in foreign state or territory, extradition proceedings 10.34.030 rights, powers, privileges or jurisdiction of state not waived 10.88.440 trial for other crimes 10.88.450 waiver of, procedure 10.88.430 warrant of arrest delivery without governor’s warrant 10.88.415 governor may issue another warrant, when 10.88.390 governor may recall, when 10.88.390 Fees, collection by superior court clerk 36.18.020, 36.23.100 Felonies classification of unclassified felonies 9.94A.035 Fines commitment of defendant until paid 10.70.010 commitment to enforce payment duration of confinement 10.82.030 rate per day 10.82.030 working out 10.82.030, 10.82.040 disposition 10.82.070 execution for 10.82.010 (2008 Ed.) CRIMINAL PROCEDURE failure to pay after stay, execution against sureties, commitment of defendant 10.82.025 against property of defendant 10.82.010, 10.82.030 stay of execution on furnishing recognizance with sureties 10.82.020 lien against real property of defendant 10.64.080 payment in installments 9.92.070 working out how worked out 10.82.040 rate per day 10.82.030 superior court 10.82.030 Force, use of, when lawful 9A.16.020 Foreign nationals or citizens connected offenders transfer procedure 43.06.350 Forfeitures bail action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 sureties liability 10.19.150 return of bond 10.19.140 surrender of person under bond 10.19.160 vacation of forfeiture judgment if person produced 10.19.105 conviction of crime does not work forfeiture of property 9.92.110 disposition 10.82.070 Fraud intent as element, intent to defraud any person sufficient 10.58.040 Fraud, See also FRAUD Fresh pursuit, uniform act Ch. 10.89 Fugitives extradition, See EXTRADITION Grand jury, See GRAND JURY Guilty plea defendant only in open court may plead guilty 10.40.170 deportation consequences to aliens advisement 10.40.200 Identity of suspect discretionary disclosure of suspect’s identity to victim 10.97.070 Immunity from prosecution bribery, witness not excused on ground of self-incrimination 9.18.080 habeas corpus, public officers obeying writ or order 7.36.180 jeopardy, no person put in twice Const. Art. 1 §9 militia personnel 38.32.030 perjury, self-incriminating testimony, no immunity from prosecution 10.52.090 supplemental proceedings parties 6.32.200 witnesses 6.32.200 witnesses not excused from giving selfincriminating testimony if given immunity from prosecution 10.52.090 Impeachment of public officers Const. Art. 5 § 1 grounds Const. Art. 5 § 2 Indictments animals, description of 10.37.070 certainty required 10.37.054 charge must be by indictment or information, exceptions 10.37.015 consolidation 10.37.060 construction statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 contents, necessary 10.37.052 copy to defendant Const. Art. 1 § 22 defects and imperfections deemed immaterial 10.37.056 defendants (2008 Ed.) joinder of 10.37.060 naming of 10.37.054 demurrer to grounds 10.40.110 overruling demurrer failure to plead over, judgment on demurrer 10.40.140 pleading of defendant 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, not bar to subsequent prosecution 10.40.125 forgery, description of instrument subject of which is destroyed or withheld 10.37.080 form of 10.37.040 information may be substituted for Const. Art. 1 § 25 injury to person, erroneous allegation as to person injured immaterial 10.37.090 joinder of defendants 10.37.060 judgments, pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 larceny, description of money or securities 10.37.110 libel, how pleaded 10.37.120 motion to set aside grounds 10.40.070 irregularities in grand jury selection, etc. 10.40.070 not available to defendant held to answer before indictment 10.40.075 overruling motion, effect 10.40.100 persons improperly before grand jury 10.40.070 sustaining motion, no bar to future prosecution 10.40.090 name, inserting true name during trial 10.46.060 obscene literature, describing 10.37.130 parties, naming of 10.37.054 perjury, description of 10.37.140 pleas to guilty defendant only in open court may plead guilty 10.40.170 not guilty denies each and every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 presumptions of law, averments 10.37.150 probation, dismissal of indictment after probation completed 9.95.240 public nuisance, authorized 7.48.200 separation into counts 10.37.060 statutes exact wording not necessary 10.37.160 private, how pleaded 10.37.170 sufficiency requirements 10.37.050 untried indictments against imprisoned person, disposition of 9.98.010, 9.98.020, 9.98.030, 9.98.040 variances dismissal for, not a bar 10.40.125 Indigents counsel, when provided 10.73.150 court fees and costs 10.73.160 defense services, provision of appropriated funds 10.101.050, 10.101.060 attorney selection 10.101.040 city moneys 10.101.080 county moneys 10.101.070 definitions 10.101.010 determination of indigency 10.101.020 promissory notes 10.101.020 provisional appointments 10.101.020 standards 10.101.030 Inducement, confession made under cannot convict unless corroborated by other evidence 10.58.030 Informations animals, description of 10.37.070 certainty required 10.37.054 charge must be by information or indictment, exceptions 10.37.015 consolidation 10.37.060 construction statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 contents, necessary 10.37.052 defects and imperfections deemed immaterial 10.37.056 defendants joinder of 10.37.060 naming of 10.37.054 demurrer to grounds 10.40.110 overruling demurrer failure to plead over, judgment on demurrer 10.40.140 pleading of defendant 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, not bar to subsequent prosecution 10.40.125 forgery, description of instrument subject to which is destroyed or withheld by defendant 10.37.080 injury to person, erroneous allegation as to person injured immaterial 10.37.090 inserting true name during trial 10.46.060 joinder of defendant 10.37.060 judgments, pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 larceny, description of money or securities 10.37.110 libel, how pleaded 10.37.120 motion to set aside overruling motion, effect 10.40.100 sustaining motion, no bar to future prosecution 10.40.090 name, inserting true name during trial 10.46.060 obscene literature, describing 10.37.130 parties, naming of 10.37.054 perjury, description of 10.37.140 pleas to guilty defendant only in open court may plead guilty 10.40.170 not guilty denies each and every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 preliminary hearings, statement of prosecuting attorney if information not filed 10.16.110 presumptions of law averments 10.37.150 probation, dismissal of indictment after probation completed 9.95.240 separation into counts 10.37.060 statutes exact wording not necessary 10.37.160 private, how pleaded 10.37.170 sufficiency requirements 10.37.050 untried informations against imprisoned person, disposition of provided for 9.98.010, 9.98.020, 9.98.030, 9.98.040 variances dismissal for, not a bar 10.40.125 Inquests, See CORONERS, subtitle Inquests Insanity criminally insane, hospital charges, liability 43.20B.320 Insanity, See also MENTALLY ILL Interpreters at legal proceedings appointment Ch. 2.42 Interstate compact for adult offender supervision 9.94A.745, 9.94A.74501, 9.94A.74502, 9.94A.74503, 9.94A.74504 Jail labor, reduction of fines and costs for [RCW Index—page 213] CRIMINAL PROCEDURE ratesetting authority of county legislative authority 10.82.030 Joinder of defendants 10.37.060 Judgments acquittal, criminally insane 10.77.080 collateral attacks on one year limit applicability 10.73.130 subsequent petitions 10.73.140 one year time limit 10.73.090 duty of court to notify defendant 10.73.110 duty of department of corrections to notify defendant 10.73.120 when inapplicable 10.73.100 corporations, force and effect of judgment 10.01.090 costs default in payment, enforcement, collection 10.01.180 judgment to include 10.64.015 payment, deferred, installment 10.01.170 payment by defendant, remission 10.01.160 district courts 10.04.110 remittance of fines and forfeitures 10.04.110 fine and costs 10.82.030 fines, lien against real property of defendant 10.64.080 fingerprint of defendant affixed to 10.64.110 interest on, rate 10.82.090 lien, fines in criminal actions a lien upon real property of defendant 10.64.080 pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 rendition of on verdict of guilty 10.64.015 vacation of, chapter 4.72 RCW not applicable to criminal actions 4.72.080 Juries and jurors allowing juror to leave jury room, penalty 9.51.030 change of venue 10.25.140 charging Const. Art. 4 § 16 communicating with juror 9.51.030 district courts 10.04.050 fees amount of 10.46.190 convicted person liable for 10.46.190 grand jury, See GRAND JURY reconsideration of verdict 10.61.060 right of accused in Const. Art. 1 § 22 view of place of crime permissible 10.58.080 waiver of permitted except in capital cases 10.01.060 Jurisdiction appellate, supreme court Const. Art. 4 § 4 Auburn general depot, jurisdiction of state preserved 37.08.260 district courts 3.66.060 felonies, jurisdiction of superior court as to 2.08.010 Indians, jurisdiction of state as to Ch. 37.12 migratory bird preserve, jurisdiction of state preserved 37.08.230 misdemeanors, jurisdiction of superior court as to 2.08.010 national forest, jurisdiction preserved 37.08.220 necessary for conviction 10.01.050 Olympic National Park 37.08.210 original and appellate jurisdiction of superior court Const. Art. 4 § 6 persons amenable to criminal statutes 9A.04.070 public conveyance, public offense committed on Const. Art. 1 § 22 Rainier National Park 37.08.200 United States military reservation acquired from county 37.16.180 Justice and inferior courts act of 1961, See JUSTICE AND INFERIOR COURTS ACT OF 1961 Juvenile justice act Ch. 13.40 Juveniles, See JUVENILE COURT; JUVENILES, subtitle Offenses (crimes) [RCW Index—page 214] Kidnapping registration of offenders 9A.44.130, 9A.44.140, 9A.44.145 Kidnapping offender registration notice to defendant 10.01.200 Law questions decided by court 10.46.070 Lawyer, See CRIMINAL PROCEDURE, subtitle Counsel Legal financial obligations administrative procedure to set amount when court does not 9.94A.760 court-ordered, imposition and collection 9.94A.760 financial institutions community bank accounts collection actions against 9.94A.7608 service on main or branch office authorized 9.94A.7608 monthly payment or starting dates, construction 9.94A.772 notice of debt service of, contents, actions on 9.94A.7609 "obligee" defined 9.94A.7601 order to withhold and deliver duties and rights of person or entity served 9.94A.7607 exempt earnings 9.94A.761 issuance and contents 9.94A.7606 payroll deduction apportionment among obligees 9.94A.7603 employer or entity rights and responsibilities 9.94A.7604 exempt earnings 9.94A.761 maximum amount 9.94A.7603 motion to quash, modify, or terminate, grounds for relief 9.94A.7605 notice of, issuance and content 9.94A.7602 termination of supervision, monitoring of payments 9.94A.775 wage assignments 9.94A.7701, 9.94A.7702, 9.94A.7703 costs and attorney fees, recovery 9.94A.7709 employer responsibilities 9.94A.7705 forms and rules 9.94A.7706 relief, hearing on and scope of 9.94A.7708 rules 9.94A.7704 sentences imposed before July 1, 1989 9.94A.771 service of order 9.94A.7707 Legal holidays, magistrates’ exercise of power on 2.28.100 Limitations of criminal actions arson, no limitation if death ensues 9A.04.080 child molestation 9A.04.080 gross misdemeanor 9A.04.080 murder, no limitation 9A.04.080 public officer in breach of duty or violation of oath 9A.04.080 rape of a child 9A.04.080 by special legislation prohibited Const. Art. 2 § 28 theft from tax exempt corporation 9A.04.080 tolling of 9A.04.080 Material witnesses counsel, right to, appointment of when indigent 10.52.040 fees, lodging 10.52.040 hearing on materiality 10.52.040 Medical placement, when allowed 9.94A.728 Methamphetamine manufacture with child on premises, special allegation 9.94A.605 Motions set aside indictment grounds 10.40.070 irregularities in grand jury selection, etc. 10.40.070 not available to defendant held to answer before indictment 10.40.075 overruling motion, effect 10.40.100 persons improperly before grand jury 10.40.070 sustaining motion, no bar to future prosecution 10.40.090 set aside information grounds 10.40.070 overruling motion, effect 10.40.100 sustaining motion, no bar to future prosecution 10.40.090 Motor vehicle violations prosecution 46.64.030 Municipal courts criminal prosecution 3.50.430 service of process 3.50.425 Municipal courts, right to jury 35.20.090 Murder abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 Murder, aggravated first degree death warrant issuance 10.95.160 record, return to trial court 10.95.190 defined 10.95.020 execution date stay of execution, new date automatically set 10.95.160 imprisonment of defendant 10.95.170 information report 10.95.120 proceedings for failure to execute on appointed day 10.95.200 review of death sentence affirmation, remand for execution 10.95.140 consolidation with appeal 10.95.130 invalidation, remand for resentencing 10.95.140 jurisdiction of supreme court 10.95.100 questions for supreme court determination 10.95.130 time limit 10.95.150 transmittal of transcript, papers to supreme court 10.95.110 sentencing affirmation of sentence, remand for execution 10.95.140 death penalty, life imprisonment 10.95.030 invalidation, remand for resentencing 10.95.140 mentally retarded person may not be sentenced to death 10.95.030 sentence if death sentence invalidated 10.95.090 special proceeding jury instructions, evidence, procedure 10.95.060 leniency factors jury may consider 10.95.070 notice, filing, service 10.95.040 when held, jury provisions, peremptory challenges 10.95.050 sentencing alternatives 10.95.080 stay of execution execution date, new date automatically set 10.95.160 witnesses to execution, designation of, procedure 10.95.185 Name entry and use of true name 10.40.050 inquiry as to true name inserting true name during trial 10.46.060 New trials conviction on new trial, former imprisonment deductible 9.95.063 Not guilty plea denies each and every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 Offender supervision assessments 9.94A.780 Off-limits orders, drug traffickers appearance by party 10.66.070 (2008 Ed.) CRIMINAL PROCEDURE bond or security of applicant 10.66.060 definitions 10.66.010 ex parte temporary order 10.66.040 hearing 10.66.030 issuance 10.66.020, 10.66.080 jurisdiction 10.66.110 modification of order 10.66.130 penalties for violations 10.66.090, 10.66.100 relief 10.66.050 venue 10.66.120 Out-of-state witness summoning to testify in this state or to testify in another state, uniform act 10.55.020 testifying in this state, exemption from arrest and service of process 10.55.100 Pardons civil rights, restoration of upon pardon 9.96.010, 9.96.020, 9.96.030 department of corrections to report on pardon and supervise pardoned person 9.95.260 governor’s power to grant 9.94A.728, 10.01.120 indeterminate sentence review board duties 9.95.260 Parole violation revocation of parole, hearing, right to attorney 9.95.122 Parties state to pay costs and fees as to appeal by indigent 4.88.330 Penalties corporations, fines as penalty incapable of execution or enforcement 10.01.100 disposition 10.82.070 victim of crime penalty assessment 7.68.035 Penalties, See also CRIMINAL PROCEDURE, subtitle Punishment Personal property proof of ownership in criminal prosecution 10.58.060 Plea agreements court approval or disapproval 9.94A.431 criminal history, submission to court 9.94A.441 discussion, contents of agreement 9.94A.421 Pleadings arraignment, pleadings to 10.40.060 forms of pleading abolished 10.01.030 indictments animals, description of 10.37.070 certainty required 10.37.054 charge must be by indictment or information, exceptions 10.37.015 consolidation 10.37.060 construction statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 contents, necessary 10.37.052 defects in deemed immaterial 10.37.056 defendants joinder of 10.37.060 naming of 10.37.054 demurrer to grounds 10.40.110 overruling demurrer failure to plead over, judgment on demurrer 10.40.140 pleading of defendant 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, bar to subsequent prosecution 10.40.125 forgery, description of instrument subject to which is destroyed or withheld by defendant 10.37.080 form of 10.37.040 injury to person, erroneous allegation as to person injured immaterial 10.37.090 joinder of defendants 10.37.060 (2008 Ed.) judgments, pleading of, facts as to jurisdiction need not be pleaded 10.37.100 larceny, description of money or securities 10.37.110 libel, how pleaded 10.37.120 motion to set aside indictment, grounds irregularities in grand jury selection, etc. 10.40.070 not available to defendant held to answer before indictment 10.40.075 overruling motion, effect 10.40.100 persons improperly before grand jury 10.40.070 sustaining motion, no bar to future prosecution 10.40.090 name, inserting true name during trial 10.46.060 obscene literature, describing 10.37.130 parties, naming of 10.37.054 perjury, description of 10.37.140 pleas to guilty defendant only in open court may plead guilty 10.40.170 not guilty denies every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 presumptions of law, averments 10.37.150 separation into counts 10.37.060 statutes exact wording not necessary 10.37.160 private, how pleaded 10.37.170 sufficiency requirements 10.37.050 variances, dismissal for, not a bar 10.40.125 information charge must be by information or indictment, exceptions 10.37.015 statement of prosecuting attorney required if information not filed 10.16.110 informations animals, description of 10.37.070 certainty required 10.37.054 consolidation 10.37.060 construction statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 contents, necessary 10.37.052 defects and imperfections deemed immaterial 10.37.056 defendants joinder of 10.37.060 naming of 10.37.054 demurrer to grounds 10.40.110 overruling demurrer failure to plead over, judgment on demurrer 10.40.140 pleading of defendant 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final not bar to subsequent prosecution 10.40.125 forgery, description of instrument subject to forgery which is destroyed or withheld by defendant 10.37.080 injury to person, erroneous allegation as to person injured immaterial 10.37.090 joinder of defendants 10.37.060 judgments, pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 larceny, description of money or securities 10.37.110 libel, how pleaded 10.37.120 motion to set aside, grounds overruling motion, effect 10.40.100 sustaining motion, no bar to future prosecution 10.40.090 name, inserting true name during trial 10.46.060 obscene literature, describing 10.37.130 parties, naming of 10.37.054 perjury, description of 10.37.140 pleas to guilty defendant only in open court may plead guilty 10.40.170 not guilty denies each and every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 presumptions of law, averments 10.37.150 separation into counts 10.37.060 statutes exact wording not necessary 10.37.160 private, how pleaded 10.37.170 sufficiency requirements 10.37.050 variances, dismissal for, not a bar 10.40.125 not guilty by reason of insanity or competency 10.77.060 property, proof of ownership 10.58.060 required pleadings 10.37.010 stay of proceedings for incompetency 10.77.084, 10.77.086, 10.77.088 variances, property, proof of ownership 10.58.060 Police investigations 9.94A.411 Polygraph examinations sex offense, alleged victims 10.58.038 Preliminary hearings bail witnesses 10.16.145, 10.16.160 minors 10.16.150 case forwarded, costs 10.16.100 deposition of witnesses 10.16.160 frivolous complaints 10.16.080 information 10.16.110 prosecuting attorney information not filed 10.16.110 recognizance witnesses 10.16.145, 10.16.160 minors 10.16.150 Presentence procedures, risk assessments 9.94A.500, 9.94A.501 Presumptions doubt as to degree of offense, lowest degree must be used 9A.04.100, 10.58.020 innocence 9A.04.100, 10.58.020 of law 10.37.150 Prison terms and paroles, See PROBATION AND PAROLE; SENTENCING Prisons and prisoners untried indictments, informations or complaints against prisoners, disposition of 9.98.010, 9.98.020, 9.98.030, 9.98.040 Prisons and prisoners, See also PRISONS AND PRISONERS Probation and parole offender supervision assessments 9.94A.780 Proceedings, stay for incompetency 10.77.084, 10.77.086, 10.77.088 Process, style of Const. Art. 4 § 27 Prosecuting standards evidentiary sufficiency decisions to prosecute 9.94A.411 police investigation 9.94A.411 guidance purposes 9.94A.401 plea dispositions 9.94A.450 sentencing recommendations 9.94A.460 Prosecution by attorney general 10.01.190 on change from territorial to state government Const. Art. 27 § 5 by information allowed Const. Art. 1 § 25 in name of state Const. Art. 4 § 27 prior conviction, use of 9.94A.637 vacation of record of convictions, conditions 9.94A.640 Prosecution authority, court determination in conflict 43.10.234 [RCW Index—page 215] CRIMINAL PROCEDURE Public defender system Ch. 36.26 Public defense, office of Ch. 2.70 Public officers and employees, removal when not subject to impeachment Const. Art. 5 § 3 Punishment contempt, criminal act constituting contempt at same time, punishment as crime also 9.92.040 conviction necessary before punishment 10.01.050 cruel, not to be inflicted Const. Art. 1 § 14 death penalty reprieve, governor’s power to grant 10.01.120 felonies when punishment not fixed by statute 9.92.010 form of sentence to penitentiary 10.64.060 gross misdemeanor, when punishment not fixed by statute 9.92.020 habitual criminals 9.92.090 prevention of procreation 9.92.100 misdemeanor when punishment not fixed by statute 9.92.030 prevention of procreation 9.92.100 recognizance to keep the peace breach of conditions 10.64.075 term of 10.64.070 repeat offenders 9.92.090 solitary confinement, limitation 10.64.060 sterilization of criminals 9.92.100 victim of crime penalty assessment 7.68.035 Pursuit fugitives, pursuit and retaking of any place in state authorized 10.34.020 Real property fines in criminal action lien against real property of defendant 10.64.080 proof of ownership in criminal prosecution 10.58.060 Recognizance action on not barred for defect or failure to record default 10.19.120 certification and filing 10.19.060 fines and costs, recognizances with sureties to stay execution for 10.82.020 forfeiture action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 judgment against principal and sureties, execution 10.19.105 officers authorized to take recognizance and approve bail 10.19.040 peace, recognizance to keep the peace 10.64.070 taking and entering 10.19.065 witnesses 10.16.145, 10.16.160 minors 10.16.150 Record of proceedings to be made 10.64.100 Records criminal process records Ch. 10.96 Rendition of accused persons act 10.91.010 construction of chapter 10.91.910 costs borne by demanding state 10.91.050 when designated agent is not public official 10.91.050 designated agent of demanding court, judge or magistrate file, affidavit, certain documents, contents 10.91.010 request issuance of warrant for arrest 10.91.010 order for return of accused person 10.91.010 judicial officer defined 10.91.040 [RCW Index—page 216] impose conditions of release to assure appearance at hearing 10.91.020 issue order for return of accused person to demanding court, judge or magistrate 10.91.030 issue warrant for arrest of accused person violating conditions of release 10.91.010 notify prosecuting attorney of actions 10.91.010 preliminary hearing upon arrest of accused person advise right to confront witnesses against him 10.91.020 counsel 10.91.020 produce evidence 10.91.020 may waive hearing and agree to be returned to demanding state 10.91.020 set time and place for hearing 10.91.020 prosecuting attorney to appear at hearing and report on investigation 10.91.030 person charged in another state, released prior to final judgment or disposition of appeal and alleged to have violated such release conditions order for return of issued by 10.91.030 requested by 10.91.010 warrant for arrest of, issued by, requested by 10.91.010 Reprieves, governor’s power to grant 10.01.120 Restitution procedure 9.94A.753 requirements 9.94A.750 Rewards county, city, town, or port authority to offer 10.85.030 conflicting claims 10.85.040 payment, warrant for 10.85.050 governor power to offer, limitation on amount 43.06.010 record of to be kept 43.06.020 severability 10.85.900 Right of accused in Const. Art. 1 § 22 Risk assessments, risk categories 9.94A.501 Search and seizure intoxicating liquor, See ALCOHOLIC BEVERAGES, subtitle Search and seizure search warrant contents 10.79.020 directed to sheriff or constable 10.79.020 issuance of, grounds news media 10.79.015 search without warrant unlawful, penalty 10.79.040 seizure of property return to owner, duties of officers 10.79.050 Securities act broker-dealers, salesperson, and investment advisors unlawful not to be registered 21.20.040 Seizure and forfeiture of personal property involved in a felony application of chapter 10.105.900 disposition of forfeited property and proceeds from the sale of forfeited property 10.105.010 procedure 10.105.010 property subject to seizure and forfeiture 10.105.010 Seizure and forfeiture of property involved in a felony legislative finding 7.68.300 measures to defeat purposes of act are invalid 7.68.340 procedure 7.68.320 proceeds, distribution of 7.68.330 property subject to 7.68.310 provisions of act are supplemental and do not limit other rights and remedies 7.68.340 Self-incrimination bribery actions, witness not excused on grounds of self-incrimination 9.18.080 habeas corpus, public officers obeying writ 7.36.180 immunity from prosecution, witness not excused on grounds of self-incrimination if given immunity from prosecution 10.52.090 jeopardy, no person put in twice Const. Art. 1 §9 perjury, immunity from prosecution does not apply to perjury committed in selfincrimination testimony 10.52.090 utilities and transportation commission witnesses 10.52.090 witness not excused if given immunity from prosecution 10.52.090 Sentences aggravating circumstances 9.94A.535, 9.94A.537 alternatives to total confinement 9.94A.680 anticipatory offenses 9.94A.595 appeals judicial review 9.94A.585 department of corrections may petition for 9.94A.585 stay of execution of judgment, conditions of release 9.95.064 clemency and pardons board established 9.94A.880 petition for review, recommendation to governor 9.94A.885 collateral attacks on one year limit applicability 10.73.130 subsequent petitions 10.73.140 one year time limit 10.73.090 duty of court to notify defendant 10.73.110 duty of department of corrections to notify defendant 10.73.120 when inapplicable 10.73.100 commenced when convicted person returned to custody 9.95.060 completion civil rights restoration 9.94A.637 counseling, community adjustment help 9.94A.637 discharge 9.94A.637 vacation of record of conviction, conditions 9.94A.640 concurrent or consecutive sentences 9.94A.589 concurrent sentences, when two or more counts 9.92.080 confinement in state or county facility determined by length of term 9.94A.190 consecutive, concurrent 9.94A.505 consecutively sentenced when two or more crimes 9.92.080 conviction on new trial, former imprisonment deductible 9.95.063 costs default in payment, enforcement, collection 10.01.180 deferred, installment payments 10.01.170 payment by defendant 10.01.160 deferral or suspension abolished, exceptions 9.94A.575 departure from guidelines 9.94A.535 drug offenses sentencing alternative 9.94A.660 sentencing grid 9.94A.517 seriousness level 9.94A.518 earned release time 9.94A.728, 9.94A.7281, 9.94A.7282 exceptional sentences 9.94A.505, 9.94A.535 felonies, sentences to run consecutively when two or more convictions, exceptions 9.92.080 fines 9.94A.550 fingerprint of defendant affixed to 10.64.110 first time offenders 9.94A.505 form of sentence to penitentiary 10.64.060 home detention 9.94A.734 indeterminate sentences (2008 Ed.) CRIMINAL PROCEDURE maximum sentence, court to fix 9.95.010 minimum term, court to set 9.95.011 penitentiary, authority of court to sentence prisoner to 9.95.010 reformatory, authority of court to sentence prisoner to 9.95.010 sentencing reform act application to indeterminate sentence review board decisions 9.95.013 juvenile justice suspensions, deferrals prohibited 9.92.200 life sentences persistent offenders 9.94A.505 conditions 9.94A.570 findings and intent 9.94A.555 offender notification and warning 9.94A.561 mental health or chemical dependency treatment notification requirements 9.94A.562, 9.94A.722, 9.94A.723, 9.95.143 minimum 9.94A.505 mitigating circumstances 9.94A.535 municipal courts, authority of judges 35.20.255 nonpersistent offenders 9.94A.507 offender score 9.94A.525 overcrowded correctional facilities, emergency release legislature approval required 9.94A.870 sentencing guideline commission duties 9.94A.870 pardon, authorized 9.94A.728 partial confinement, conditions 9.94A.731 persistent offenders life sentence without parole upon third conviction 9.94A.505 findings and intent 9.94A.555 offender notification and warning 9.94A.561 life sentences conditions 9.94A.570 plea agreements court approval or disapproval 9.94A.431 criminal history, submission to court 9.94A.441 discussions, contents of agreement 9.94A.421 presumptive sentencing range anticipatory offenses 9.94A.595 exceeding statutory maximum 9.94A.599 recognizance to keep the peace breach of conditions 10.64.075 term of 10.64.070 restitution 9.94A.505 unlawful receipt of public assistance 10.82.080 sentencing grid 9.94A.510 sentencing grid, drug offenses 9.94A.517 sentencing hearing 9.94A.500 seriousness level, crimes included in each level 9.94A.515 seriousness level, determination of 9.94A.520 sex offender sentencing alternative 9.94A.670 sex offender treatment 9.94A.810, 9.94A.820 solitary confinement, limitation 10.64.060 standard sentence range 9.94A.530, 9.94A.533 suspending, conditions 9.92.060 suspending of abolished, exceptions 9.94A.575 termination date application 9.92.062 establishment 9.92.064 modification of terms 9.92.064 termination of, restoration of civil rights, application for 9.92.066 timing of application 9.94A.345 tolling of term of confinement 9.94A.171 traffic school of city or town and county, attendance may be imposed in sentence 46.83.050 (2008 Ed.) two or more convictions or counts, concurrent or consecutive sentences 9.92.080 violation of condition or requirement, penalty arrest and confinement in jail 9.94A.631 Sentencing guidelines commission fines 9.94A.550 report equal application, no discrimination 9.94A.340 prosecuting standards guidance purposes 9.94A.401 plea dispositions 9.94A.450 sentencing recommendations 9.94A.460 seriousness level, determination of 9.94A.520 Sentencing reform act Ch. 9.94A Service of process municipal courts 3.50.425 Sex offenders community protection zones preemption of local ordinance 9.94A.8445 consistent approach to risk level classification 4.24.5502 model policy work group 4.24.5501 nonpersistent offenders 9.94A.507 registration of address verification 9A.44.135 notice to defendant 10.01.200 notification of offenders of changed requirements 9A.44.145 procedures, deadlines, and penalties 9A.44.130 termination of duty to register, petition to superior court 9A.44.140 release of information regarding 4.24.550, 4.24.555 special allegation 9.94A.835, 9.94A.836, 9.94A.837, 9.94A.838, 9.94A.839 treatment 9.94A.810, 9.94A.820 Sexual assault of a child criminal records information identifying victims is confidential 10.97.130 identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims is confidential 13.50.050 Sexual exploitation of children defenses 9.68A.110 Sexually violent offenders dissemination of criminal history records 10.97.140 Solitary confinement, punishment of, limitation 10.64.060 Statewide special inquiry judge act Ch. 10.29 Statute of limitations, See LIMITATION OF ACTIONS Statutes, criminal, repeal or amendment, savings clause presumed 10.01.040 Stay of execution of judgment, conditions of release 9.95.064 Stay of execution of judgment, when prohibited 9.95.062 Sureties appeal bonds in criminal cases 10.73.040 Sureties, See also CRIMINAL PROCEDURE, subtitle Bail; CRIMINAL PROCEDURE, subtitle Recognizance Three strikes persistent offender, definition 9.94A.030 purpose and procedures 9.94A.555, 9.94A.561, 9.94A.565 sentencing requirements 9.94A.505 Transfer of convicted offenders foreign nationals or citizens 43.06.350 Trials civil actions, conducted in same manner as 10.46.070 continuances, evidence, time to obtain as grounds for, proof 10.46.080 court decides question of law 10.46.070 defendants, See CRIMINAL PROCEDURE, subtitle Defendants dismissals, See CRIMINAL PROCEDURE, subtitle Dismissals docket entries, preparation of 10.46.020 informations, See CRIMINAL PROCEDURE, subtitle Informations juries and jurors, See CRIMINAL PROCEDURE, subtitle Juries and jurors jurisdiction, See CRIMINAL PROCEDURE, subtitle Jurisdiction law questions decided by court 10.46.070 name entry and use of true name 10.40.050 inserting true name during trial 10.46.060 new trials credit for time served 9.95.063 pleadings, See CRIMINAL PROCEDURE, subtitle Pleadings prior conviction, use of 9.94A.637 right to trial by jury Const. Art. 1 § 21 vacation of record of convictions, conditions 9.94A.640 waiver of jury trial 10.01.060 witnesses, See CRIMINAL PROCEDURE, subtitle Witnesses Untried indictments, informations against imprisoned persons, disposition of 9.98.010, 9.98.020, 9.98.030, 9.98.040 Variances dismissal for, not a bar to subsequent prosecution 10.40.125 property, proof of ownership 10.58.060 Venue change due to prejudice of judge 4.12.040 change of venue 4.12.100 costs when case transferred to another county 10.25.130 jury from another county 10.25.140 procedure 10.25.070 district courts 3.66.070 sending letter, when complete, where sender may be proceeded against 9.01.130 Venue, See also VENUE Verdicts acceptance and recording of 10.01.060 conviction, verdict of jury necessary for 10.01.060 deadly weapon, special verdict as to whether accused armed with 9.95.015 degrees and lesser offenses 10.61.003 attempt included offense 10.61.003 specification of 10.61.010 doubt as to degree of offenses, lowest degree must be used 9A.04.100 lower must be used 10.58.020 guilty of lesser degree than charged 10.61.003 included offenses 10.61.006 not guilty of higher degree, may be guilty of lesser 10.61.003 several defendants conviction or acquittal 10.61.035 specification of degree or attempt 10.61.010 judgment on, rendition 10.64.015 reconsideration of 10.61.060 acquittal, no reconsideration 10.61.060 guilty conviction if mistake in law 10.61.060 Victim impact statement sentencing hearing 9.94A.500 Victims of crimes, compensation Ch. 7.68 View of place of crime by jury 10.58.080 Violent offenders release without bail, statement of reasons 10.19.170 Voting rights loss of, acknowledgment 10.64.140 Warrants arrest without customs officer 10.88.330 immigration service officer 10.88.330 peace officer 10.88.330 private person 10.88.330 [RCW Index—page 217] CRIMINAL RECORDS search, See CRIMINAL PROCEDURE, subtitle Search and seizure service how made 10.31.030 Warrants not in possession, arrest procedure 10.31.030 Warrants of arrest service how made 10.31.060 utilities and transportation commission, arrest without warrant, when 80.04.470, 81.04.460 Water resources 43.27A.190 Witnesses accused confrontation of witnesses, right to 10.52.060 depositions of witnesses, when permitted 10.52.060 may testify in own behalf 10.52.040 not compelled to testify 10.52.040 bail 10.16.145, 10.16.160 minors 10.16.150 child witness, testimony by closed circuit television 9A.44.150 compelling attendance accused cannot be compelled to testify 10.52.040 criminal prosecutions 10.52.040 detaining in custody to testify 10.52.040 grand jury 10.52.040 out-of-state witnesses uniform act 10.55.020 hearing on materiality 10.52.040 out-of-state witnesses, summoning to testify in this state, uniform act 10.55.020 recognizance of 10.52.040 uniform act to secure attendance of witnesses from without a state in criminal proceedings 10.55.020 confrontation of witnesses, right of accused to 10.52.060 depositions of witnesses, when permitted 10.52.060 expenses and per diem out-of-state witnesses testifying in this state 10.55.060 summoned to testify out of this state 10.55.020 fees mileage allowances, verification under oath necessary for 10.01.140 reporting attendance to clerk necessary for 10.01.130 immunity from arrest, securing attendance of witnesses from without a state in criminal proceedings, uniform act 10.55.020 material witnesses fees, lodging 10.52.040 hearing on materiality 10.52.040 right to counsel, appointment when indigent 10.52.040 out-of-state witness, summoning to testify in this state, uniform act 10.55.020 perjury, immunity from prosecution does not apply to perjury committed in selfincriminating testimony 10.52.090 preliminary hearings 10.16.160 self-incrimination bribery action, not excused on ground of 9.18.080 habeas corpus, public officers obeying writ 7.36.180 immunity from prosecution, witness not excused on grounds of self-incrimination if given immunity from prosecution 10.52.090 perjury, not excused on ground of 10.52.090 service of process immunity of witness summoned to testify out of state or out-of-state witness summoned to testify in this state 10.55.020 [RCW Index—page 218] summoning witness in this state to testify in another state, uniform act 10.55.020 uniform act to secure attendance of witnesses from without a state 10.55.020 CRIMINAL RECORDS Background checks, See STATE PATROL CRIMINAL RECORDS PRIVACY ACT Administrative responsibility 10.97.090 Child sexual assault information identifying victims is confidential 10.97.130 Court, agency proceedings, disposition of data furnished to initiating agency and state patrol 10.97.045 Crimes related to 10.97.120 Damages, action for attorneys’ fees 10.97.110 Declaration of policy 10.97.010 Definitions 10.97.030 Disclosure of investigative information to victims 10.97.070 Disposition forms, coding 10.97.090 Dissemination of information deletion of certain information, conditions 10.97.060 disposition data, court, agency proceedings, furnished to initiating agency and state patrol 10.97.045 fees 10.97.100 limitations, requirements 10.97.040 records and restrictions 10.97.050 Identity of suspect discretionary disclosure of suspect’s identity to victim 10.97.070 Injunctive relief 10.97.110 Inspection by the subject of a criminal record 10.97.080 Sex offenders dissemination of information regarding 10.97.050 Sexually violent offenders dissemination of criminal history records 10.97.140 Violations, penalty 10.97.120 CRIMINAL SOLICITATION Defined, for Washington Criminal Code 9A.28.030 Punishment 9A.28.030 CRIMINAL TRESPASS Defenses 9A.52.090 First degree defined 9A.52.070 Second degree defined 9A.52.080 CRISIS RESIDENTIAL CENTERS (See JUVENILES, subtitle Crisis residential centers) CROP DUSTERS (See PESTICIDE APPLICATION) CROPS Crop credit associations, See CROP CREDIT ASSOCIATIONS Execution sales, redemption period, lien on 6.23.110 Liens, See LIENS, subtitle Crop liens Redemption of agricultural lands, rents, profits and expenses 6.23.090 CROSSINGS (See RAILROADS, subtitle Crossings) CROSS-STATE TRAIL (See TRAILS) CROSSWALKS Defined 47.04.010 for motor vehicle purposes 46.04.160 Speed limits at school or playground crosswalks, penalty for infraction 46.61.440 CRUELTY TO ANIMALS (See ANIMALS) CRYPTS AND VAULTS (See MAUSOLEUMS) CULPABILITY Determinant of grade of offense 9A.08.010 Kinds of, defined 9A.08.010 Substitutes for criminal negligence, recklessness, and knowledge 9A.08.010 Willfulness requirement satisfied by acting knowingly 9A.08.010 CULTURAL AND LINGUISTIC DIVERSITY Presence and use in public and private affairs encouraged as state policy 1.20.100 CULTURAL ARTS, STADIUM AND CONVENTION DISTRICTS Annexation election 67.38.080 Auditor, duties 67.38.150 Community revitalization financing 67.38.115 Comprehensive plan development of 67.38.060 review 67.38.070 Contribution of sums for limited purposes cities, counties 67.38.140 Creation of multicounty districts 67.38.040 petition, resolution, hearing 67.38.030 procedure 67.38.030 Cultural arts, stadium and convention fund 67.38.150 Definitions 67.38.020 Dissolution and liquidation 67.38.160 General obligation bonds 67.38.110 Governing body additional powers 67.38.100 membership 67.38.050 Hotel-motel tax 67.38.140 Legislative intent 67.38.010 Levies excess 67.38.110 tax 67.38.130 Multicounty districts creation 67.38.040 treasurer, duties 67.38.150 Property tax may levy 67.38.130 Quasi-municipal corporation powers, generally 67.38.090 Revenue bonds 67.38.120 Tax hotel-motel contributions of sums for limited purposes 67.38.140 Tax levies 67.38.130 Treasurer, duties 67.38.150 CULTURAL FACILITIES Cities and towns authority for local improvement 35.43.040 Nonprofit organizations grant program to fund acquisition, rehabilitation, or construction 43.63A.750 CULTURAL ORGANIZATIONS Cultural arts, stadium and convention districts Ch. 67.38 Nonprofit corporations, authorized 24.03.015 CULVERTS Cities and towns, authority for local improvement 35.43.040 CURBS Cities and towns, construction, reconstruction and repair, generally Ch. 35.68 CURFEW Cities and towns, authority to enact 35.21.635 Code cities, authority to enact 35A.11.210 Counties, authority to enact 36.32.425 CURRENT USE ASSESSMENT (See TAXES - PROPERTY) CURVES Reduction of speed required 46.61.400 CUSTODIAL ASSAULT Correctional facilities 9A.36.041, 9A.36.100 (2008 Ed.) DAIRY PRODUCTS COMMISSION CUSTODIAL INTERFERENCE Action by relative 26.09.255 Assessment of costs against defendant 9A.40.080 Defenses 9A.40.080 Definitions 9A.40.010 Dependent children custody by law enforcement officer 13.34.055 shelter care placement 13.34.060 First degree 9A.40.060 Second degree 9A.40.070 Shelter care dependent children 13.34.055, 13.34.060 CUSTODIANS County money, county treasurer, fee 36.29.020 Minors, transfers to Ch. 11.114 CUSTODY (See CHILD CUSTODY) DAIRIES AND DAIRY PRODUCTS Agriculture, department of director’s powers and duties 43.23.090 Business and occupation tax dairy products businesses 82.04.260 exemption 82.04.4268 Butter sale of exempt under county peddlers’ licensing 36.71.010 weights and measures 19.94.410 Dairy farms inspection 15.36.111 Dairy inspection assessment to fund 15.36.551 inspection program advisory committee 15.36.561 procedures 15.36.111 Dairy nutrient management appeals from ecology department, actions and orders 90.64.040 complaints, investigation, and corrective action 90.64.030 concentrated animal feeding operation designation and permit 90.64.020 conservation commission, duties 90.64.080 conservation districts, duties 90.64.070 data base, development and maintenance 90.64.130 definitions 90.64.010 denial of approval or certification, producerrequested hearings 90.64.028 ecology department duties 90.64.050 transfer to agriculture department 90.64.901 inspection program 90.64.023 livestock nutrient management account 90.64.150 livestock nutrient management program statutory review 90.64.170 plans, contents and certification 90.64.026 producers, registration 90.64.017 public records, disclosure 90.64.190 statement of environmental benefits 90.64.160 technical assistance teams, membership and duties 90.64.140 water monitoring, protocol 90.64.180 Dairy products commission, See DAIRY PRODUCTS COMMISSION Dairy technicians duties 15.36.091 licenses 15.36.081 Dairy/forage and agricultural facility at Rainier school farm 28B.30.810 Fees disposition 15.36.491 Liens 60.13.035 Milk and milk products adulterated or misbranded products, sale prohibited 15.36.181 agriculture director’s powers and duties 43.23.090 agriculture director’s rule-making authority 15.36.021 capping 15.36.241 cease and desist order unlicensed activities 15.36.412 chapter 34.05 RCW, application 15.36.025 (2008 Ed.) colostrum milk, sale 15.36.151 containers unlawful use, seizure authorized 15.36.281 county peddlers’ licensing exemption 36.71.010 cows, goats, and other mammals health requirements 15.36.161 dairy inspection program advisory committee 15.36.561 assessment to fund 15.36.551 dairy technicians duties 15.36.091 licenses 15.36.081 definitions 15.36.012 diseased animals unlawful sale of products, exception 15.36.151 examination procedures and standards 15.36.201 report of violative results 15.36.191 violations 15.36.201 failure to comply penalties 15.36.454, 15.36.457, 15.36.473 fees, disposition 15.36.491 grades, regrading and license reinstatement 15.36.451 grades that may be sold 15.36.171 grading 15.36.141 injunctions to enjoin violations 15.36.481 laboratory tests, admission as evidence 15.36.475 licenses dairy technicians 15.36.081 denial, suspension, or revocation 15.36.401 milk haulers 15.36.071 milk processing plants 15.36.051, 15.36.421 milk producers 15.36.041, 15.36.421 milk wash stations 15.36.101 milk haulers 15.36.071 milk processing plants licenses 15.36.051 sanitary certificates, fees 15.36.525 milk producers licenses 15.36.041 milk wash station license 15.36.101 out-of-state grade A milk, sale in state 15.36.131 pasteurization pasteurized at plant only, when 15.36.261 use of "pasteurized" regulated 15.36.271 poison in products, penalty 69.40.020 police power of the state 15.36.531 raw milk bottling, packaging, and labeling 15.36.231 cooling procedures 15.36.221 sales unlawful acts 15.36.181 samples and records, access permitted 15.36.111 sanitary certificates, fees 15.36.525 schools, furnishing of free milk 28A.235.130 source of products, seller’s disclosure 15.36.206 standards laboratory tests, admission as evidence 15.36.475 violations, civil penalty 15.36.471 unlawful acts 15.36.511 sale of adulterated or misbranded products 15.36.181 violations notice, orders, damages 15.36.455 penalties 15.36.471, 15.36.511 weights and measures 19.94.420 Milk and milk products for animal food coloring of milk in containers, when required 15.37.100 definitions 15.37.010 enforcement 15.37.020, 15.37.120 injunctions to enjoin violations 15.37.130 labeling 15.37.110 licenses application and issuance 15.37.040 denial, suspension, or revocation 15.37.070, 15.37.080, 15.37.090 fee 15.37.050 renewal, delinquency penalty 15.37.060 sale, conditions 15.37.030 sale conditions 15.37.100 violations, penalty 15.37.150 Milk pooling act assessments on producers determination and collection 15.35.250 due date 15.35.270 records and reports 15.35.260 authority of director of agriculture 15.35.100 classification, pricing, and pooling systems, establishment 15.35.140 contracts, rights and powers of association not affected 15.35.160 declaration of public interest 15.35.030 definitions 15.35.080 equalization systems within market areas, establishment 15.35.140 exemptions from chapter 15.35.310 injunctive relief 15.35.290 interstate uniformity milk control 15.35.090 market area pooling arrangement referendum on establishing or discontinuing 15.35.110, 15.35.115, 15.35.120, 15.35.130 marketing plan accounts 15.35.280 milk dealers exemptions from chapter 15.35.310 licenses 15.35.210, 15.35.220, 15.35.230, 15.35.240 records 15.35.180, 15.35.190 reports 15.35.200 minimum milk price, establishment 15.35.105 monopolies prohibited 15.35.070 price setting prohibited 15.35.070 producer or producer-dealer’s quota determination 15.35.150 transfers and limitations 15.35.170 producer petitions 15.35.120, 15.35.130 producer-dealers exemptions from chapter 15.35.310 purposes 15.35.060 quotas determination 15.35.150 transfers and limitations 15.35.170 rules adoption and enforcement 15.35.100 violations, penalty and exception 15.35.300 Milk processing plants inspection 15.36.111 license suspension 15.36.421 Pasteurization pasteurized at plant only, when 15.36.261 use of "pasteurized" regulated 15.36.271 Waste management, See DAIRIES AND DAIRY PRODUCTS, subtitle Dairy nutrient management DAIRY PRODUCTS COMMISSION Assessments on milk and cream 15.44.080, 15.44.085, 15.44.090 increase or decrease 15.44.130 Class I and class II milk assessments 15.44.085 definitions 15.44.087 Commission districts and boundaries 15.44.027 Composition 15.44.020 Creation, comprehensive scheme 15.44.015 Definitions 15.44.010 Enforcement 15.44.160 Foundations 15.44.065 Funding staff support 15.44.190 Injunctive remedy 15.44.180 Liability, limitations 15.44.150 Manager 15.44.050 Members appointment 15.44.021, 15.44.022, 15.44.033 associations, dual membership 15.44.023 qualifications 15.44.030 removal 15.44.055 terms and vacancies 15.44.032 [RCW Index—page 219] DAMAGES travel expenses and compensation 15.44.038 Plans, programs, projects approval and oversight 15.44.061, 15.44.062, 15.44.195 Powers and duties 15.44.060 Premise, inspection 15.44.140 Printing contract conditions 15.24.086 not restricted by public printer law 15.24.085 Producer lists 15.44.035 Promotional hosting expenditures 15.44.133 Promotional printing and literature 15.44.135 Quorum 15.44.038 Records dealers and shippers 15.44.100 dealers and shippers, subpoenas 15.44.110 as evidence 15.44.040 inspection, subpoenas 15.44.140 public disclosure exemption 15.44.185 Reimbursement for costs 15.44.063 Research, advertising, and education campaign, limitations 15.44.130 Rules and orders, publication 15.44.070 Secretary treasurer 15.44.050 Trade promotion and development expenditures 15.04.200 Violations, penalty 15.44.170 DAMAGES Actions for construction contracts defined 4.24.370 delay caused by contractee, waiver, null and void 4.24.360 crime victims rights preserved 7.68.050 damaged or stolen livestock, treble damages 4.24.320 damages which are false, unfounded, malicious, without probable cause, part of conspiracy, claim or counterclaim for may be litigated in principal action 4.24.350 five thousand dollars or less, attorneys’ fees as costs 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 professional negligence 4.16.350, 4.24.290 recovery of possession of personal property, judgment for 4.56.080 seven thousand five hundred dollars of less, attorneys’ fees as costs 4.84.250 Ammonia liability 69.55.030 Amount of eminent domain, jury to ascertain Const. Art. 1 § 16 jury to assess in action to recover money 4.44.450 Animal facilities acts against agricultural or veterinary facilities liability for damages 4.24.575 acts against research and educational facilities liability for damages 4.24.570 Assessment of without answer 4.28.290 Attachment assignor liability for 6.25.080 bond liability 6.25.100 bond to cover 6.25.080 Child maliciously injuring person or property, action against parent allowed, limitation 4.24.190 Children, parents action for death or injury of 4.24.010 Cities and towns eminent domain, See DAMAGES, subtitle Eminent domain by cities lowlands, filling 35.55.040, 35.56.050 pedestrian malls, negotiation upon 35.71.110 Common carriers, treble damages for rebating or fraud 81.28.210, 81.28.220 Comparative negligence 4.22.005 Compensation, eminent domain Const. Art. 1 § 16 [RCW Index—page 220] Construction contracts, delay, waiver, effective date 4.24.380 Contributory negligence damages diminished proportionally 4.22.005 fault, defined 4.22.015 Costs and disbursements limited to equal amounts, when 4.84.040 County auditor, liability school district warrant exceeding budget 28A.350.060 Criminal records, dissemination of 10.97.110 Defined for arson, reckless burning, malicious mischief 9A.48.010 Detainer, actions for recovery of possession of personal property 4.56.080 Discrimination humiliation and mental suffering 49.60.250 Discrimination involving real property 49.60.225 Ejectment and quieting title actions alienation of property by defendant 7.28.220 counterclaims for permanent improvements and taxes paid 7.28.180 limitation on recovery of by plaintiff 7.28.150 plaintiff’s right to possession expires before trial 7.28.190 withholding of property by defendant 7.28.150 Eminent domain by cities jury determination Const. Art. 1 § 16 Eminent domain by corporations jury determination Const. Art. 1 § 16 Eminent domain by counties determination of jury to determine Const. Art. 1 § 16 Eminent domain by state determination jury to determine Const. Art. 1 § 16 Excessive reduction as alternative to new trial 4.76.030 Executions, writ of execution to require, when 6.17.110 Executors and administrators agreement to answer for from own estate must be in writing 11.48.040 damages of estate, promise to pay by must be in writing 11.48.040 not liable for without fault 11.48.030 Fire spread of, negligently permitted, damages for 4.24.040 Flood control, defined 86.16.120 Forcible entry and detainer, actions for recovery of personal property 4.56.080 Imputed negligence, spouse, minor child, domestic partner, negated 4.22.020 Inadequate increase as alternative to new trial 4.76.030 Industrial insurance actions against employer or third person for injury or death Ch. 51.24 Injunctions bond 7.40.080 bond covering on contempt for disobedience 7.40.170 contempt for disobedience 7.40.160 dissolution of injunction to stay judgment 7.40.190 proceedings 7.40.200 Injunctions against obscene materials, nonliability of prosecuting attorney for damages 7.42.050 Insurance for, See INSURANCE Intercepting private conversation 9.73.060 Joint and several liability contribution enforcement of 4.22.050 right of 4.22.040 Judgment against local governmental entity execution 6.17.080 Judgments or orders, vacation or modification of, denial of where judgment suspended, damages 4.72.090 Judicial sale, announcement of 6.21.090 Jury to assess amount of recovery in action to recover money 4.44.450 eminent domain, jury to ascertain Const. Art. 1 § 16 Libel and slander mitigation of, pleadings 4.36.130 Local government entities payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 Logging products under lien, concealment or injury to 60.24.200 Love and companionship, parents action for loss of 4.24.010 Malicious harassment, actual and punitive damages 9A.36.083 Mandamus proceedings execution for 7.16.260 judgment for 7.16.260 Mining shaft, damages for injuries sustained preserved 78.12.070 Mitigation of, libel and slander, pleadings 4.36.130 Motor vehicle accidents venue of actions for 4.12.020 Ne exeat, bond covering 7.44.021 Negligence contributory, comparative effect of 4.22.005 spouse, domestic partner, minor child, not imputed 4.22.020 Nuisances abatement does not preclude 7.48.180 conduct subject to action for 7.48.010 executions on judgment for 7.48.260 public nuisances authorized 7.48.200 who may maintain action for 7.48.210 Pain and suffering of deceased person personal representative may recover only on behalf of the decedent’s beneficiaries 4.20.046 Personal representatives agreement to answer for from own estate must be in writing 11.48.040 damages of estate, promise to pay must be in writing 11.48.040 not liable for without fault 11.48.030 Probate personal representatives, not liable for without fault 11.48.030 promise to pay damages of estate by personal representative must be in writing 11.48.040 Product liability actions Ch. 7.72 Prohibition proceedings execution for 7.16.320 judgment for 7.16.320 Public corporations may sue for in corporate name 4.08.110 Public nuisance authorized 7.48.200 unequal damage to property no defense 9.66.020 who may maintain action for 7.48.210 Quo warranto proceedings action for damages 7.56.090 information to show when ground is usurpation of office 7.56.040 right to office contest 7.56.060 Real property action for waste 64.12.020 damaging, not without just compensation Const. Art. 1 § 16 due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 improvements to 4.16.300 limitations on 4.16.310, 4.16.325 negligence, agreement to indemnify for, against public policy 4.24.115 injury to or removing trees 64.12.030 (2008 Ed.) DEAF trespass mitigating circumstances 64.12.040 Replevin judgments for 4.56.080 verdict in actions for recovery of specific personal property 4.44.420 Schools and school districts county auditor, liability for warrant exceeding budget 28A.350.060 employees, wrongful discharge 28A.405.350 Settlement agreements, effect of 4.22.060 Settlement offers time period 4.84.280 Solar easements interference with 64.04.170 State, tort actions against, liability of state in damages 4.92.090 Survival of actions pain and suffering of deceased person, personal representative may recover on behalf of the decedent’s beneficiaries 4.20.046 Telecommunications property, punitive damages 80.36.060, 80.36.070 Trespass mitigating circumstances 64.12.040 Verdict in action for recovery of specific personal property 4.44.420 Waiver of county roads and bridges, freeholders’ petition, securing 36.81.030 Witnesses liable for on failure to attend 5.56.060 Wrongful death actions 4.20.020 DAMS (See also POWER FACILITIES AND RESOURCES, subtitle Dams) Construction or modification 90.03.350 Construction projects in state waters Ch. 77.55 Ecology, department of general authority over dams and obstructions 86.16.035 Federal power act licensees, exemption from state requirements 43.21A.068 Fishways, flow, and screening Ch. 77.57 Hydraulic projects and permits Ch. 77.55 Hydropower, comprehensive plan 90.54.800 Inspection ecology department powers and duties 43.21A.064 Insurance for, See INSURANCE, subtitle Marine and transportation insurance Navigation, obstructing 88.28.050 Public utility districts, water rights in regard to 54.16.050 Reclamation districts of one million acres or more Ch. 89.30 Rivers and streams, authority for dams 90.28.170 Safety of dams, report by ecology department 90.54.160 Water resources act Ch. 90.54 Water storage dams, construction or modification 90.03.350 DANCES Public dances licenses and fees authorized 67.12.021 State dance 1.20.075 DANGEROUS WASTES Commercial off-site land disposal facilities limitations 70.105.165 Disposal limitations 70.105.165 Energy facilities regulation of 70.105.110 DANGEROUS WEAPONS (See FIREARMS; WEAPONS) DATA PROCESSING—STATE (See INFORMATION SERVICES, DEPARTMENT OF) DAY CARE Abuse and neglect prevention training 74.15.200 Abused or neglected children demonstration project (2008 Ed.) services to be provided 74.13.220 Advisory committee 74.13.031 Background investigations of certain prospective employees definitions, records 43.43.840 Background investigations of certain prospective employees and volunteers definitions, records 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838 immunity of state 43.43.833 Business and occupation tax exemption 82.04.339 Child abuse, background investigations of prospective employees 43.43.840 Child abuse, background investigations of prospective employees and volunteers 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838 Child abuse and neglect prevention curriculum 28A.300.150, 28A.300.160 Child care agencies licensing, definitions Ch. 43.215 Child care coordinating committee child care partnership 74.13.0902 Child care expansion grant fund 74.13.095 Child care facilities cities and towns review of need and demand definitions 35.63.170 implementation of findings 35.22.660, 35A.63.210 review, implementation of findings 35.63.180 counties location, conditions 36.70.757 review of need and demand for, implementation of findings 36.32.520, 36.70.675 family day care provider’s home facility allowed 35.63.185, 35A.63.215, 36.70A.450 family day-care provider’s home facility allowed 35.21.688 state employees’ children 41.04.370, 41.04.375, 41.04.380, 41.04.382, 41.04.385 Child care facility fund committee applications for loans, guarantees, and grants, requirements 43.31.512 grants, repayment requirements 43.31.514 grants and loans from fund, authority to make, conditions and limitations 43.31.506 loan guarantees for licensed facilities, conditions and limitations 43.31.508 organization and duties 43.31.504 Child care facility revolving fund purpose, source of funds 43.31.502 Child care partnership employer liaison, duties 74.13.0902 Child care services state policy 74.13.085 Early learning, department of Ch. 43.215 Employer assistance and involvement child care partnership employer liaison, duties 74.13.0902 Immunization program administrators duties 28A.210.110 attendance conditioned upon proof 28A.210.080 definitions 28A.210.070 exceptions 28A.210.090 notice 28A.210.120 purpose 28A.210.060 record verifying procedure, rule adoption 28A.210.150 source of immunizations 28A.210.100 superintendent to provide information statewide 28A.210.130 Insurance, joint underwriting association definitions 48.88.020 intent 48.88.010 membership 48.88.040 plan, approval 48.88.030 policy, liability limits, rating plan 48.88.050 rules 48.88.070 License required 74.15.090 Nutrition programs, federal superintendent of public instruction’s duties regarding participation in 28A.300.250 Pesticide applications marking of treated landscape property 17.21.410 Pesticide use, notice 74.15.063 School-based day care 28A.215.050 Self-insurance annual report 48.90.100 approval of plan 48.90.060 authority, plan 48.90.030 chapter exclusive 48.90.040 contracts, terms 48.90.120 contributing trust fund 48.90.070, 48.90.090 costs of investigation, review 48.90.170 definitions 48.90.020 dissolution 48.90.140 elements of plan 48.90.050 findings and intent 48.90.010 implementation of plan 48.90.080 modifications to plan 48.90.130 powers of association 48.90.110 recovery limits 48.90.150 suspension of plan, reconsideration 48.90.160 Student child care in higher education grants Ch. 28B.135 Tax imposed on providers 82.04.2905 Temporary assistance for needy families volunteer work at child care facility or other work site authorized 74.25.040 Therapeutic day care and treatment 74.14B.040 DAY NURSERIES (See PUBLIC ASSISTANCE, subtitle Child welfare agencies) DAY TRAINING CENTERS (See RESIDENTIAL SCHOOLS, subtitle Day training centers) DAYLIGHT SAVING TIME Observance 1.20.051 Prohibitions of by local subdivisions, exceptions 1.20.050 DEAD MAN’S STATUTE (See DEATH, subtitle Dead man’s statute) DEADLY FORCE Defined 9A.16.010 Justifiable, when 9A.16.040 DEADLY WEAPONS (See FIREARMS; WEAPONS) DEAF Discrimination, prohibited 70.84.010 Dog guides driver responsibilities and liabilities 70.84.040 license fee waiver 49.60.380 unauthorized use 70.84.060 Early intervention services advisory council 70.198.020 findings 70.198.010 hearing loss pamphlet 70.198.040 standards, development of 70.198.030 Employment, white cane law, discrimination in hiring prohibited 70.84.080 Interference with, violations, penalty 70.84.070 Interpreters at legal proceedings appointment Ch. 2.42 Malicious harassment 9A.36.080 School services, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Hearing Service animals defined 70.84.021 driver responsibilities and liabilities 70.84.040 unauthorized use 70.84.060 State school for admittance 72.40.040, 72.40.050 appropriations 72.40.120 board of trustees [RCW Index—page 221] DEATH creation of new congressional districts or boundaries, affect of 72.42.021 expenses 72.42.060 meetings 72.42.070 power and duties 72.42.041 rules and regulations 72.42.021, 72.42.031 child abuse and neglect behavior management policies 72.40.220 employees and volunteers, supervision 72.40.250 investigation 26.44.210 reports to parents 72.40.210 residential staffing requirement 72.40.240 sexual victimization, protection from 72.40.270 staff orientation and training 72.40.230 student instruction 72.40.260 employee hours of labor 72.40.110 establishment 72.40.010 residential program, monitoring 72.40.280 school defined 72.42.016 superintendent defined 72.42.015 powers and duties 72.40.023, 72.40.024 qualifications 72.40.019 teachers 72.40.028 terms 72.40.031 weekend transportation 72.40.090 Telecommunication device installation for access to emergency services 70.54.180 Telecommunications relay system for deaf and speech-impaired persons definitions 43.20A.720 long distance discount rates required for service in conjunction with relay system 80.36.195 program 43.20A.725 telephone relay system excise tax 43.20A.725 White cane law applicability 70.84.010 dog guide defined 70.84.020 driver responsibilities and liabilities 70.84.040 employment, discrimination in prohibited 70.84.080 penalty for violation 70.84.070 rights of hearing impaired person 70.84.050 unauthorized use of white cane, dog guide, or service animal, penalty 70.84.060 Youth educational service district superintendent’s duty 72.40.070 parent’s duty 72.40.080 school district’s duty 72.40.060 DEATH (See also HUMAN REMAINS; NATURAL DEATH ACT; PROBATE; VITAL STATISTICS) Actions contracts, action on survives 4.20.046 for death of child 4.24.010 personal injuries, survival 4.20.046 survival 4.20.046 Anatomical gift statement on driver’s license 46.20.113 Armed forces member executing power of attorney, effect of death 73.20.050 Attorneys at law, proceedings, effect 2.44.060 Autopsies and post mortems 68.50.100, 68.50.101, 68.50.102, 68.50.104, 68.50.105, 68.50.106 Bank account deposits 30.22.100 payment to foreign personal representative 30.22.200 heirs and creditors 30.22.190 personal representatives 30.22.180 Burial permits 70.58.230 Cemeteries, morgues, and human remains Title 68 Certificate of domestic partnership information 70.58.175 fetal deaths 70.58.150, 70.58.160, 70.58.170 filed, by whom 70.58.170 [RCW Index—page 222] physician not in attendance 70.58.180 presumed death 70.58.390 requirement of 70.58.160 signed, by whom 70.58.170 Child, action for death of 4.24.010 Child mortality review local health department employee immunity 70.05.170 records, reports, and statements confidentiality 70.05.170 Community property, survival of action against or in behalf of 4.20.046 Contracts, cause of action upon survives 4.20.046 Coroners and medical examiners, immunity for determining 68.50.015 Coroner’s inquest, authority 36.24.020 Credit union account deposits 30.22.100 Criminal mistreatment withdrawal of life support systems not applicable to chapter 9A.42.040 Dead man’s statute, competency of witnesses 5.60.030 Death investigations account created 43.79.445 forensic pathology fellowship program, disbursements 43.79.445 Dental identification system 68.50.310, 68.50.330 Devisees and legatees before testator, effect 11.12.110 Employer’s death, wage preference 49.56.020 Estate and transfer tax Ch. 83.100 Evidence federal missing persons act, written finding of death prima facie evidence 5.40.020 transaction with deceased person, competency of testimony as to 5.60.030 Execution of judgments by representative of deceased person 6.17.030 Federal missing persons act, written finding of federal officer prima facie evidence 5.40.020, 5.40.030, 5.40.040 Firemen, death of, See FIREMEN’S RETIREMENT AND PENSIONS Forensic investigations council Ch. 43.103 Forensic pathology fellowship program death investigations account disbursements 43.79.445 Governor, succession to office upon death of Const. Art. 3 § 10 Homicide, See HOMICIDE Incumbent, death of vacates office 42.12.010 Industrial deaths 68.50.103 Information release or withholding 68.50.300 Inmates, institutions, property disposition 11.08.101, 11.08.120 Insurance disability insurance, extended benefits 48.20.360 life insurance accidental death provisions 48.23.250 effect on, proof of 48.23.130 simultaneous death payment of proceeds on life 48.18.390 Judicial sales, confirmation of judicial sales on death of judgment debtor 6.21.110 Legally accepted cause of 70.58.180 Life insurance accidental death provisions 48.23.250 effect on proof of 48.23.130 Living wills Ch. 70.122 Militia member compensation 38.40.030 Motor vehicle financial responsibility law, death of person of whom proof required, procedure 46.29.600 Mutual savings bank account deposits 30.22.100 Natural death act definitions 70.122.020 health care declarations account 70.122.140 registry 70.122.130 immunity from civil, criminal liability 70.122.051 life-sustaining treatment, withholding, withdrawal criminal acts, enumerated, penalties 70.122.090 directive conditions 70.122.030 revocation 70.122.040 directive’s validity assumed 70.122.120 excluded from chain of proximate cause 70.122.080 life insurance, not affected by 70.122.070 physician’s responsibility, immunity from liability 70.122.060 prohibited from being a condition for receiving health services or insurance 70.122.070 suicide, not considered as 70.122.070 mercy killing not authorized 70.122.100 patient discharge to die at home immunity from civil or criminal liability 70.122.110 physician-assisted suicide not authorized 70.122.100 severability 70.122.905 short title 70.122.900 No abatement if cause of action survives 4.20.050 Parent’s action for injury or death of child 4.24.010 Parties before judgment, vacation or modification of superior court judgment or order grounds 4.72.010 petition, by 4.72.030 Partner, See PARTNERSHIPS Performance of decedent’s contracts, including contracts for the conveyance of real property 11.60.010 Permits burial, disinterment, or removal 70.58.230 disposal of human remains 70.58.190 Personal injury action simultaneous death of tort feasor, cause of action survives 4.20.046 survival of action on death of injured person 4.20.060 survival on death of tort feasor 4.20.046 Real property contract vendor, probate procedure to effect conveyance 11.60.010 Savings and loan association account deposits 30.22.100 Simultaneous death, uniform act Ch. 11.05A Survival of causes of action 4.20.046 Testamentary disposition of nonprobate assets Ch. 11.11 Tolling of statute of limitation of actions 4.16.200 Tort feasor cause of action against does not abate 4.20.046 simultaneous with or after death or injury liable for, cause of action survives 4.20.046 survival of cause of action against 4.20.046 Undetermined, permit to dispose of human remains 70.58.190 Vendor of contract to convey real property, probate procedure to effect conveyance 11.60.010 Wage claims due to deceased, payment 49.48.120 Wills, death of grandparents’ issue before that of grantor 11.12.110 Witnesses, transcript of testimony as evidence 2.32.250 Wrongful death actions 4.20.010 DEATH PENALTY DNA testing request 10.73.170 Execution methods 10.95.180 Murder, aggravated first degree Ch. 10.95 Reprieve, governor’s power to grant 10.01.120 Witnesses to execution (2008 Ed.) DEBTS AND DEBTORS designation of, procedure 10.95.185 DEATH WARRANT Issuance 10.95.160 DEBATE Members of legislature not liable for words spoken Const. Art. 2 § 17 DEBENTURES Banks, See BANKS AND BANKING, subtitle Capital notes or debentures DEBT ADJUSTERS Assignment of wages not prohibited 18.28.140 Consumer protection act, application 18.28.185 Contracts, contents and disclosure 18.28.100 Definitions 18.28.010 Excess charges, effect 18.28.090 Exemptions 18.28.010 Fees for services, limitations 18.28.080 Functions to be performed by adjusters 18.28.110 Investigations 18.28.165 Legal services, performance by adjuster prohibited 18.28.130 Professional service corporations Ch. 18.100 Prohibited acts 18.28.120, 18.28.130 Trust account required for payments by debtor, disbursements 18.28.150 Violations assurance of discontinuance 18.28.210 civil penalty 18.28.220 injunctions 18.28.200 penalty 18.28.190 DEBT LIMITATIONS (See INDEBTEDNESS) DEBTS AND DEBTORS (See also BANKRUPTCY; INDEBTEDNESS) Absconding attachment against bond unnecessary, when 6.25.080 ground for 6.25.030 imprisonment for debt not allowed, exception as to absconding debtors Const. Art. 1 § 17 service of process on 4.28.100 supplemental proceedings, warrant of arrest 6.32.020 Accounts, sales of Ch. 62A.9A Accounts receivable, See UNIFORM COMMERCIAL CODE, subtitle Secured transactions Action to recover in district court filing of claim 12.04.020 summons, issuance, form 12.04.020 Actions interpleader 4.08.150, 4.08.160, 4.08.170 trial of issue on conflicting claims 4.08.180 survival upon death 4.20.046 Agreements requiring writings, enforceability Ch. 19.36 Assigned choses in action, defenses, counterclaims and offsets 4.08.080 Assignment for benefit of creditors, See ASSIGNMENT FOR BENEFIT OF CREDITORS Attachment, See ATTACHMENT Bank or trust company, writing off of bad debts, when 30.04.130 Chattel paper Ch. 62A.9A Collection agencies Ch. 19.16 Community property judgment lien for community debts 26.16.040 liability for debts upon death of either or both spouses or domestic partners 4.20.046 Confession of judgment without suit 4.60.050 Consumer loan act Ch. 31.04 Contracts or agreements, when void unless in writing Ch. 19.36 Corporations, See CORPORATIONS, subtitle Liabilities Counties, debt apportionment 36.09.010, 36.09.020, 36.09.035, 36.09.040 Creditors (2008 Ed.) rights of seller’s creditors against goods sold 62A.2-402 Death survival of actions 4.20.046 Debt adjusters, regulation Ch. 18.28 Debts of public bodies declared legal regardless of interest rate 39.90.060 Debts owed to state interest rate, exceptions 43.17.240 Descent and distribution real property title vests instantly but subject to debts 11.04.250 District judges, actions to recover debts filing of claim 12.04.020 summons contents 12.04.020 issuance, form 12.04.020 service of 12.04.020 Due territory to inure to state Const. Art. 27 § 3 Executors and administrators agreements to answer damages from own estate must be in writing 11.48.040 promise to pay debts of estate must be in writing to bind 11.48.040 uncollected, liability for 11.48.080 Extinguishment, special legislation prohibited Const. Art. 2 § 28 Fair credit reporting act Ch. 19.182 Fish marketing associations, liability of members 24.36.270 Foreign judgment defenses available to evidence 5.44.030 as faith accorded to 5.44.020 Fraudulent transfers defenses, liability, and protection of transferee 19.40.081 definitions 19.40.011 extinguishment of cause of action 19.40.091 fraudulent as to present and future creditors 19.40.041, 19.40.051 insolvency of debtors 19.40.021 obligations, when incurred 19.40.061 remedies of creditors 19.40.071 transfer, when made 19.40.061 value of transfer 19.40.031 Gambling, invalidity of contract and debts defense of 4.24.090 recovery of losses by action 4.24.070 Garnishment defense of garnishee for payment 6.27.300 justice court proceeding 6.27.300 effect of service of writ 6.27.120 exempt debts, service of writ no effect upon 6.27.120 form of writ 6.27.100 judgment for against garnishee 6.27.250 service of writ bar to payment extent of bar 6.27.120 justice court proceeding 6.27.120 statement of in application for writ 6.27.060 justice court proceeding 6.27.060 uncontroverted answer denying to discharge garnishee 6.27.240 writ requirement as to answer concerning 6.27.070 Group life insurance, qualifications 48.24.040 Guardianship, See GUARDIAN AND WARD, subtitle Claims and debts against estate High risk consumer loans Ch. 31.04 Imprisonment for, not allowed, absconding debtors excepted Const. Art. 1 § 17 Injunctions, damages for dissolution of injunction to stay judgment of 7.40.190 Insurance life insurance proceeds exempt 48.18.400, 48.18.410, 48.18.420, 48.18.430 right of selection 48.30.260 Insurance in connection with, credit transactions, generally Ch. 48.34 Interpleader 4.08.150, 4.08.160, 4.08.170 Joint debtors confession of judgment by enforcement 4.60.030 who may confess 4.60.030 procedure to bind after judgment affidavit to accompany summons 4.68.030 answer 4.68.040 defenses 4.68.040 new complaint not necessary 4.68.020 pleadings, what constitutes 4.68.050 summons contents 4.68.020 procedure 4.68.010 service of 4.68.020 trial 4.68.060 supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS Judgment liens expiration of 4.56.210 extension of lien prohibited 4.56.210 personal property, commencement of 4.56.190 real property commencement of 4.56.200 creation of 4.56.190 duration 4.56.190 vendor’s interest under real estate contract not included 4.56.190 Judgments examination of debtor, order for 6.32.010 extension of judgment prohibited 4.56.210 interrogatories, answer to 6.32.015 Life insurance proceeds, exemptions from 48.18.400, 48.18.410, 48.18.420, 48.18.430 Limitation of actions, tolling by part payment 4.16.270 Ne exeat, See NE EXEAT Order for examination of judgment debtor debtor fails to appear plaintiff entitled to costs and fees 6.32.010 Partition proceedings, See PARTITION Personal representatives agreements to answer damages from own estate must be in writing 11.48.040 promise to pay debts of estate must be in writing to bind 11.48.040 uncollected, liability for 11.48.080 Probate borrowing on general credit of estate hearing 11.56.280 notice, discretionary with court 11.56.280 petition for 11.56.280 term, rate of interest, form of note 11.56.280 leases of estate property to pay 11.56.030 order of payment of claim for 11.76.110 partnership interests of decedent 11.64.008 sales of estate property to pay 11.56.030 Profiteering Ch. 9A.82 Sales of accounts Ch. 62A.9A Savings and loan associations authority to collect and compromise debts 33.12.010 School districts, liability for debts 28A.320.020 Secured transactions Ch. 62A.9A Setoff against beneficiary of trust estate 4.32.120 real party in interest 4.32.120 Special proceedings debtor fails to appear plaintiff entitled to costs and fees 6.32.010 State limitation on power Const. Art. 8 § 1, Const. Art. 8 § 2, Const. Art. 8 § 3 power to contract Const. Art. 8 § 1, Const. Art. 8 § 2, Const. Art. 8 § 3 release by special legislation forbidden Const. Art. 2 § 28 Statute of frauds Ch. 19.36 Stockholders, liability of Const. Art. 12 § 4 banking, insurance corporation Const. Art. 12 § 11 Supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS Survival of actions 4.20.046 Territorial, assumed by state Const. Art. 26 § 3 Usury [RCW Index—page 223] DECEDENTS’ ESTATES certain lenders, pleading defense of usury or maintaining action prohibited 19.52.080 declaratory judgment to establish 19.52.032 Usury rate 19.52.020, 19.52.030 Writ of garnishment, amount garnishee required to hold, determination 6.27.090 DECEDENTS’ ESTATES (See WILLS) DECEIT (See FALSE REPRESENTATIONS; FRAUD; MISREPRESENTATION) DECISIONS (See also JUDGMENTS) Court time limit for rendering by superior court judges Const. Art. 4 § 20 Court commissioners conclusions of law, exceptions to, necessity of 4.80.020 findings of fact, exceptions to, necessity of 4.80.020 Findings of fact court commissioners, exceptions to decisions of 4.80.020 referees, exceptions to decisions of 4.80.020 Supreme court publication, free to anyone Const. Art. 4 § 21 reporter for, appointment Const. Art. 4 § 18 in writing and grounds stated Const. Art. 4 § 2 Time limit for rendering by superior court judges 2.08.240 DECLARATORY JUDGMENTS Actions, objection to on ground that declaratory judgment prayed for 7.24.010 Actions and proceedings subject to chapter 7.24.146 Appeals 7.24.070 Application of chapter 7.24.146 Applications for further relief 7.24.080 Associations, person includes unincorporated association or society 7.24.130 Attorney general, service on and right to be heard 7.24.110 Bonds, test of validity 7.25.010 Cities and towns bonds, test of proposed issue 7.25.010 contracts, declaration concerning authorized 7.24.020 franchises, declarations concerning authorized 7.24.020 ordinances, declaration concerning authorized 7.24.010, 7.24.020 party, as 7.24.110 Construction of chapter 7.24.120, 7.24.140 Contracts construction of 7.24.030 declaration concerning authorized 7.24.020 Corporations, person includes 7.24.130 Costs 7.24.100 Counties, bonds, test of proposed issues 7.25.010 Courts of record authority to render 7.24.010 costs, award of 7.24.100 general powers not restricted by express enumeration 7.24.050 refusal of declaration where judgment would not terminate controversy 7.24.060 show cause why further relief should not be granted, requiring of 7.24.080 Declaration, persons not parties not prejudiced by 7.24.110 Deeds, declaration concerning authorized 7.24.020 Definitions, person 7.24.130 Effect of 7.24.010 Form 7.24.010 Franchises, declaration concerning authorized 7.24.020 Further relief 7.24.080 Issues of fact, determination of 7.24.090 Joint stock companies, person includes 7.24.130 Judgments 7.25.030 [RCW Index—page 224] refusal to grant where controversy would not be terminated 7.24.060 review of 7.24.070 Municipal corporations bonds, test of proposed issue 7.25.010 ordinances, declaration concerning authorized 7.24.020 person includes 7.24.130 Notices, further relief, for 7.24.080 Orders of court review of 7.24.070 Ordinances declaration concerning authorized 7.24.020 Parties municipality as 7.24.110 persons that shall be 7.24.110 Partnerships, person includes 7.24.130 Persons not parties, declaration not to prejudice rights of 7.24.110 Petitions for further relief 7.24.080 Retail installment sales, declaratory judgment to establish excess service charges, violation 63.14.152 Review 7.24.070 School districts, bonds, test of proposed issues 7.25.010 Show cause, further relief, why should not be granted 7.24.080 Societies, person includes unincorporated society 7.24.130 Statutes attorney general, service on, and right to be heard 7.24.110 declaration concerning authorized 7.24.020 Stay of proceedings and restraint of parties 7.24.190 Superior courts judgment 7.25.030 proceedings to test validity of bond issues 7.25.020 Taxing districts, bonds, test of proposed issue 7.25.010 Trials, issues of fact 7.24.090 Usury 19.52.032 Validation of proceedings 7.24.146 Wills declaration concerning authorized 7.24.020 Written contracts, declaration concerning authorized 7.24.020 DECREES (See also JUDGMENTS) Court of appeals, power and authority of 2.06.030 Deeds of trust foreclosure, deficiency decree prohibited, exception 61.24.100 Foreclosure of real property mortgage, redemption rights lost where property abandoned, rights not lost where deficiency judgment or default decree 61.12.094 Partition proceedings, filing with auditor, notice 65.04.070 Record of to be kept 36.23.030 replacement if lost or destroyed hearing 5.48.040 method 5.48.020 procedure 5.48.030 Superior courts books to be kept 36.23.030 records to be kept 36.23.030 Support of dependent children, modification of divorce or separate maintenance decree to provide for 74.20.220 DEDICATION (See also PLATTING, SUBDIVISION AND DEDICATION OF LAND) Easements extinguishing or altering 64.04.175 DEEDS (See also CONVEYANCES; REAL PROPERTY, subtitle Deeds) Acknowledgments court commissioners’ power to take 2.24.040 evidence, certificate as 64.08.050 foreign 64.08.040 forms 64.08.060, 64.08.070 homesteads 6.13.060 out-of-state 64.08.020 required for validity 64.04.020 who may take 64.08.010 After-acquired title follows 64.04.070 Bargain and sale form and effect 64.04.040 implied covenants 64.04.040 Commissioner of conveyance of real estate, deed given by 6.28.020 Community property power of attorney to husband or wife 26.16.090 power of attorney to third person 26.16.090 purchaser’s title and rights 26.16.095, 26.16.100 recording of claim by husband or wife removal as cloud 26.16.110 recording of claim by husband or wife to community realty effect of failure to record, time for recording 26.16.100 recording wife’s interest 65.04.030 Condominiums deeds of apartments, requirements 64.32.120 form 64.04.055 Contracts to convey real property by deceased vendor, deed recites order authorizing 11.60.040 Conveyances 64.04.040, 64.04.050 contract to sell or convey, recording 65.08.050 deeds, necessity of deed 64.04.010 warranty deeds, covenants 64.04.030 Copies of record as evidence 5.44.060, 5.44.070 County roads and bridges, freehold petitioners securing 36.81.030 Court order or judgment, commissioners to convey real estate to compel compliance 6.28.080 Ejectment and quieting title actions, appointment of trustee for making or canceling deeds 7.28.010 Execution, sale upon fee of sheriff 36.18.040 purchaser entitled to sheriff’s deed 6.21.120, 6.23.060 redemption from, sheriff’s deed 6.23.060 Flood control districts, sale for delinquent assessments, deed requirements 86.09.514 Forms acknowledgments 64.08.060, 64.08.070 bargain and sale deeds 64.04.040 quitclaim deeds 64.04.050 warranty deeds 64.04.030 Highway toll roads, sale of property, execution, delivery of deed authorized 47.56.254, 47.56.255 Homesteads acknowledgment required 6.13.060 execution 6.13.060 powers of attorney authorized 6.13.060 Incorporated towns on United States land 58.28.120 prima facie evidence of correctness of formalities 58.28.180 Indians, sale of land or materials, authorization 64.20.030 Judicial sales redemption from, sheriff’s deed 6.23.060 sheriff to execute and deliver 6.21.120 Liens on franchises, earnings, property of certain companies, precedence of deed as to 60.32.010 Municipal local improvement assessments foreclosure procedure 35.50.270 Necessity of deed for conveyance 64.04.010 Parking facilities, conveyance of land for in cities over 300,000 reversion 35.87.030 (2008 Ed.) DEFENSES Powers of appointment, when releasable 11.95.010 Proof of, court commissioners’ power to take 2.24.040 Public lands, See PUBLIC LANDS, subtitle Deeds Quitclaim, cities and towns, pedestrian malls, acquisition for 35.71.070 donation on plat 58.08.015 form and effect 64.04.050 Quo warranto proceedings, annulment or vacation of deed 7.56.140, 7.56.150 Recording or filing of certified copies, recording, effect 65.08.100, 65.08.110 conveyances of fee title by state or political subdivision, recording by grantor at time of delivery required, effect 65.08.095 duty of county auditor 65.04.030, 65.08.150 error by recording officer, liability 65.08.140 failure to record, effect 65.08.070 irregular instruments, imparts notice 65.08.030 required, when and where 65.08.070 Redemption from execution sale authorized, when 6.23.060 Requisites 64.04.020 School districts, sale of real property 28A.335.090, 28A.335.120 Solar easements authorized 64.04.140 definitions 64.04.150 interference with, remedies attorneys’ fees 64.04.170 injunction 64.04.170 written agreement, requirement 64.04.160 Tax irrigation districts, See IRRIGATION DISTRICTS, subtitle Property limitation of actions to cancel or set aside 4.16.090 Trust deemed as mortgages 65.12.430 encumbrances of registered land 65.12.420 Unincorporated towns on United States land 58.28.330 Validation by special law prohibited Const. Art. 2 § 28 Warranty deeds covenants of grantor 64.04.030 form and effect 64.04.030 Writing, necessity of 64.04.020 DEEDS OF TRUST Definitions 61.24.005 Enforcement of security and obligation where foreclosure not made under chapter 61.24.100 Foreclosure and sale application of chapter 61.24.100 authorized 61.24.020 bids at sale, persons who may bid 61.24.070 consumer protection act, application 61.24.135 deficiency judgments 61.24.100 liens and interests, preservation absent notice 61.24.040 notice 61.24.040 notice to guarantor, contents 61.24.042 procedure 61.24.040 proceeds of sale, disbursement 61.24.080 purchase 61.24.070 purchaser, rights and remedies 61.24.060 redemption rights precluded after sale 61.24.050 rents and profits, right of trustee to enter for 7.28.230 requests for notice of sale 61.24.045 Insurance companies investment in 48.13.110 Insurance premium finance company act, exemption 48.56.030 Lis pendens, filing, effect 61.24.040 (2008 Ed.) Master form, recording instrument pursuant to 65.08.160 Mortgage laws applicable 61.24.020 Other foreclosure proceedings preserved 61.24.120 Quieting title against outlawed mortgage or deed of trust 7.28.300 Reconveyance by trustee 61.24.110 Recording and filing deeds of trust, provisions by reference to master form 65.08.160 liability 65.08.140 master form recording, recording instruments incorporating provisions of 65.08.160 Recording and indexing 61.24.020 Rents assignment and collection 61.24.140 Rents and profits, appointment of receiver to protect 7.28.230 Restraint of sale by trustee, conditions, notice 61.24.130 Servicemembers civil relief act, application 61.24.025 Successor trustee 61.24.010 Trustee 61.24.010 Trustee and beneficiary, separate entities, exception 61.24.020 Trustee’s sale application of chapter 61.24.100 bids at sale, who may bid 61.24.070 consumer protection act, application 61.24.135 deficiency judgments 61.24.100 notice 61.24.040 notice to guarantor, contents 61.24.042 proceeds of sale, disbursement 61.24.080 purchaser 61.24.070 purchaser, rights and remedies 61.24.060 redemption rights precluded after sale 61.24.050 requisites 61.24.030 restraint of sale by trustee, conditions, notice 61.24.130 DEEP FREEZERS (See also COLD STORAGE FOOD LOCKERS) Abandonment where accessible to children, penalty Ch. 9.03 DEER (See WILDLIFE) DEFAMATION (See LIBEL AND SLANDER) DEFAULT Court commissioners, power to grant and enter judgment upon 2.24.040 Ne exeat, bail bond on 7.44.030 Nuisances, bond to stay warrant of abatement 7.48.270 Rent, See LANDLORD AND TENANT DEFAULT JUDGMENTS (See JUDGMENTS) DEFECTS Pleadings, notices, papers and proceedings, amending by court 4.32.250 DEFECTS IN LAW Report to governor by supreme court judges Const. Art. 4 § 25 Report to supreme court by superior court judges Const. Art. 4 § 25 DEFENDANTS Affirmative relief dismissal action by plaintiff barred if defendant seeks 4.56.120 judgments on, authorized 4.56.070 Certiorari proceedings, designation of 7.16.010 Civil procedure costs Ch. 4.84 Counsel right to Const. Art. 1 § 22 Criminal actions confrontation, right to 10.52.060 depositions of witnesses, when permitted 10.52.060 costs default in payment, enforcement, collection 10.01.180 deferred, installment, payment 10.01.170 payment, remission 10.01.160 counsel right to Const. Art. 1 § 22 discharging defendant to give evidence for codefendant, bar to subsequent prosecution 10.46.110 for state, bar to subsequent prosecution 10.46.110 joint conviction or acquittal 10.61.035 may testify in own behalf 10.52.040 not compelled to testify 10.52.040 several conviction or acquittal 10.61.035 state’s evidence, becoming 10.46.110 Diking districts, appearance, improvement procedure 85.05.120 Dismissal action by plaintiff barred if defendant seeks affirmative relief 4.56.120 Dismissal for plaintiff’s failure to give security for costs 4.84.230 Ejectment and quieting title actions appointment of trustee for absent defendant 7.28.010 counterclaim by defendant for permanent improvements and taxes paid 7.28.160 damages for withholding of property by defendant 7.28.150 defenses of 7.28.120 pleading by 7.28.130 substitution of landlord in action against tenant 7.28.110 verdict for 7.28.140 Garnishees action on bond in lieu of separate security for costs 4.84.220 dismissal of actions for plaintiffs failure to give security for costs 4.84.230 judgment on security for costs 4.84.240 power to require security for costs 4.84.210 Joint conviction or acquittal, criminal action 10.61.035 Judgment for on setoff action against executors and administrators, effect 4.56.050 Judgment on security for costs for 4.84.240 Mandamus proceedings, designation of 7.16.010 Partition, lien creditors as 7.52.030, 7.52.150 Pauper forma pauperis, See FORMA PAUPERIS Procedure to bind after judgment against 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 Prohibition proceedings, designation of 7.16.010 Setoff by, judgment for balance due from plaintiff 4.56.070, 4.56.075 Several conviction or acquittal 10.61.035 DEFENSE (See EMERGENCY SERVICES; MILITIA AND MILITARY AFFAIRS) DEFENSES Answer to contain district court proceeding 12.08.020 Bars to subsequent prosecution Ch. 10.43 Bigamy 9A.64.010 Criminal mistreatment defense, financial inability 9A.42.050 Criminal proceedings confession made under duress, cannot be used 10.58.030 criminally insane jury, instructions to on special verdict 10.77.040 mental disease or defect excluding responsibility 10.77.030 discharging defendant to give evidence [RCW Index—page 225] DEFERRED COMPENSATION PLANS for codefendant, bar to subsequent prosecution 10.46.110 for state, bar to subsequent prosecution 10.46.110 entrapment 9A.16.070 homicide, when excusable 9A.16.030 libel and slander 9.58.020, 9.58.040, 9.58.050, 9.58.070 necessary, defined 9A.16.010 not guilty by reason of insanity or competency 10.77.060 public nuisance, unequal damage no defense 9.66.020 rights of accused Const. Art. 1 § 22 Criminal trespass 9A.52.090 Custodial interference 9A.40.080 Deadly force defined 9A.16.010 Dismissals nonappearance of plaintiff 4.56.120 Duress 9A.16.060 Ejectment and quieting title actions, legal and equitable defenses authorized 7.28.120 Entrapment 9A.16.070 Erotic material, sale or distribution to minors, defenses 9.68.070 Extortion, second degree 9A.56.130 False arrest shoplifting 9A.16.080 Force, use of, when lawful 9A.16.020 Foreign judgments, of debt, defenses to 5.44.030 Frivolous answers, striking of 4.32.170 Gambling invalidity of contract and debts 4.24.090 Garnishment claim of defendant against garnishee 6.27.300 dismissal for plaintiff’s failure to give security for costs 4.84.230 judgment for defendant in principal action 6.27.250 justice court proceeding 6.27.300 Homicide committed by private person, when 9A.16.050 when excusable 9A.16.030 Indoor air pollutants compliance with building and material standards defense to action for injuries caused by 4.24.560 compliance with radon resistive construction requirements defense to action for injuries caused by 4.24.560 Insanity elements 9A.12.010 evidence required 9A.12.010 Insufficient evidence 4.56.120 Intoxication to be considered in determination of mental state 9A.16.090 no defense to crimes 9A.16.090 Joint debtors in proceedings after judgment 4.68.040 pleadings component 4.68.050 Judgments or orders, vacation or modification of unavoidable casualty or misfortune preventing a defense ground 4.72.010 petition, by 4.72.030 valid defense a condition precedent to 4.72.050 Justifiable homicide by public officer 9A.16.040 Kidnapping, second degree, elements 9A.40.030 Libel and slander 9.58.020, 9.58.040, 9.58.050, 9.58.070 Mental incapacity, person under, trial, conviction or sentencing not permitted 10.77.050 Motor vehicles control of while under the influence 46.61.504 Murder, second degree 9A.32.030, 9A.32.050 Nonsuit grounds 4.56.120 Petition to vacate or modify superior court judgments or orders to include 4.72.030 [RCW Index—page 226] Pleadings, See PLEADINGS, subtitle Defenses Public nuisance, unequal damage no defense 9.66.020 Rape ignorance of victim’s age no defense 9A.44.030 Reckless burning 9A.48.060 Removal from office by legislature Const. Art. 4 §9 Self-defense 9A.16.050 Sexual exploitation of children 9.68A.110 Shoplifting 9A.16.080 Stricken, when 4.32.170 Theft 9A.56.020 DEFERRED COMPENSATION PLANS (See PUBLIC EMPLOYMENT, subtitle Deferred compensation plans) DEFERRED PROSECUTION PROGRAM Alcoholism program requirements 10.05.150 Appeal of order granting deferred prosecution 10.05.160 Arraignment when treatment rejected 10.05.070 Availability of program made known at arraignment 10.05.015 Breach of treatment plan, procedures 10.05.090 Child welfare services 10.05.055 Conditions of granting deferred prosecution 10.05.140 Consolidation of separate offenses 10.05.010 Conviction of similar offense 10.05.100 Costs payment may be required as condition of granting 10.01.160 Court findings before entering order 10.05.020 Dismissal of charges 10.05.120 Docket and abstract procedure upon approval of treatment plan 10.05.060 Driver’s license driving record entry 10.05.060 Eligibility 10.05.010 Evidence, uses and admissibility 10.05.080 Fines and forfeitures used to provide services for indigent defendants 10.05.130 Indigent defendants, service provided 10.05.130 Investigation and examination by treatment facility 10.05.040 Petition content, requirements 10.05.020 Rights of petitioner 10.05.020 Special court file 10.05.060 Supervision and payment of assessment for costs of supervision may be condition 10.05.170 Treatment plan, recommendations 10.05.050 Treatment program referral 10.05.030 Trial delay not grounds for dismissal 10.05.110 DEFIBRILLATORS Acquirers, duties 70.54.310 Civil liability, immunity 70.54.310 DELINQUENTS (See also JUVENILE COURT) Generally Ch. 13.04 DELIVERY Evidence telegraphic or electronic communications Ch. 5.52 Execution of sales, personal property 6.21.070 Executors and administrators, delivery of will by 11.20.010 Garnishment, See GARNISHMENT, subtitle Delivery Instrument or paper after recording 65.04.090 Insurance policies, requirement of 48.18.260 DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT Contracting by cities authorized 35.21.660 Powers and limitations of public corporation, etc., created 35.21.670 DEMURRERS Appearance, what constitutes 4.28.210 Criminal procedure, indictment or information grounds for 10.40.110 overruling demurrer, failure to plead over, judgment on demurrer 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, not bar to subsequent prosecution 10.40.125 Forcible entry and detainer, pleadings 59.12.121 Grounds of objection by answer, when 4.32.070 Judge of superior courts, before, decisions and rulings heard outside of judges’ district 2.08.200 Logging liens 60.24.140 Mandamus proceedings 7.16.220 Prohibition proceedings 7.16.320 DENIALS Challenges to jurors oral denials authorized, procedure 4.44.250 trial of 4.44.230, 4.44.240 Joint debtors in proceedings after judgment answer by 4.68.040 pleading content 4.68.050 verdict limitation 4.68.060 Judgments, vacation or modification of costs 4.72.090 damages 4.72.090 interest on former judgment 4.72.090 judgment of 4.72.090 Mobile home or travel trailer manufacturers’ license, deficiency in surety bond as grounds for cancellation 46.70.075 Pleadings, civil actions district judges, denial on knowledge or information, effect 12.08.050 joint debtors in proceedings after judgment answer by 4.68.040 pleading content 4.68.050 verdict limitation 4.68.060 DENTAL HYGIENISTS Community-based sealant programs in schools 18.29.220, 18.29.230 Continuing education 18.29.130 Dental hygiene examining committee meetings and quorum 18.29.170 membership and organization 18.29.110 Educational programs, approval 18.29.140 Employment by health care facilities without supervision, limitations 18.29.056 Examinations 18.29.120, 18.29.150 Licenses exemptions from chapter 18.29.180 expanded function auxiliary services 18.29.053 initial limited 18.29.190 issuance and display 18.29.060 licensure by endorsement 18.29.045 renewal 18.29.071 required 18.29.011 requirements 18.29.021 secretary of health’s rule-making authority 18.29.210 Professional service corporations Ch. 18.100 Scope of functions 18.29.050 Secretary of health’s authority and responsibilities 18.29.130 Senior centers 18.29.056, 18.29.230 Supervision by dentist 18.29.050 Uniform disciplinary act, application 18.29.076 Unlawful practice, liability of supervising dentist 18.32.735 Violations, penalty 18.29.100 DENTAL PROFESSIONALS Credentials, issuance 18.260.090 definitions 18.260.010 Dental assistants registration 18.260.020, 18.260.030 scope of practice 18.260.040 Examinations 18.260.100 Expanded function dental auxiliary (2008 Ed.) DEPORTATION license 18.260.020, 18.260.050, 18.260.060 scope of practice 18.260.070 Limitation of chapter 18.260.110 Review, department 18.260.140 Rules, authority 18.260.120 Supervising dentist, responsibilities 18.260.080 Uniform disciplining act 18.260.130 DENTISTRY Advertising prohibited practices 18.32.665 required contents 18.32.755 Child abuse reporting Ch. 26.44 Community-based sealant programs in schools 18.32.226 Corporations, practice or solicitation prohibited 18.32.675 Definitions 18.32.010, 18.32.020 Dental care assistance plans requirements 49.64.040 Dental hygienists, licensing and scope of functions Ch. 18.29 Dental hygienist’s unlawful practice, liability of supervising dentist 18.32.735 Dental quality assurance commission compensation 18.32.0361 compensation and reimbursement 18.32.050 contracts for administration of examinations 18.32.0363 duties and powers 18.32.0357 foreign-trained dentists, report 18.32.222 membership and terms 18.32.0351 pilot project, commission authority 18.32.765 qualifications of members 18.32.0355 removal of members 18.32.0353 rule-making authority 18.32.0365, 18.32.640 successor to other boards 18.32.0358 Dentists malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Dentists going out-of-state, certificates available 18.32.220 Disability insurance benefits, payable 48.20.416 Disciplinary board immunity from civil suit while in performance of duties connected with board 4.24.240 Examination 18.32.0363 Exemptions from application of chapter 18.32.030 Fees 18.32.110 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from civil action when charging another member with incompetency or gross misconduct before quality assurance commission 4.24.260 Impaired dentist program 18.32.534 Licenses applications 18.32.100 continuing education 18.32.180 display 18.32.190 duplicates, fees 18.32.170 employment of unlicensed dentist, penalty 18.32.745 fees 18.32.110 inactive status 18.32.185 issuance 18.32.160 out-of-state applicants licensed in another state, licensure without examination 18.32.215 renewal 18.32.180 required 18.32.091 requirements for licensure 18.32.040 University of Washington dental faculty and residents 18.32.195 Liquor, administration and prescription 66.20.110 Partnerships with denturists 18.30.150 Prescriptive authority 18.32.685 Professional negligence (2008 Ed.) limitation on suits arising from 4.16.350 standard of proof, evidence, exception 4.24.290 Professional service corporations Ch. 18.100 Prostheses, identification new prostheses 18.32.695 previously fabricated prostheses 18.32.705 violations, liability 18.32.715 Rebating disclosure of financial interest, list of alternative facilities 19.68.010 Rebating prohibited, penalty Ch. 19.68 Recordkeeping requirements 18.32.655 Records of review board or committee, members, or employees not subject to process 4.24.250 Sanitation regulations 18.32.725 Sedation and general anesthesia, rules 18.32.640 Uniform disciplinary act, application 18.32.039 Unlawful practice 18.32.735, 18.32.745 Unprofessional conduct 18.32.530, 18.32.533 Violations, penalty 18.32.390 DENTURISTS Board duties 18.30.065 membership and terms 18.30.050 officers and quorum 18.30.060 Definitions 18.30.010 Examination of patient 18.30.020 Exclusions from chapter 18.30.040 Insurance coverage of services 48.20.418, 48.21.148, 48.43.180, 48.44.500, 48.46.570 Licenses examination 18.30.020 examinations 18.30.100 inactive licenses 18.30.140 issuance, term, and contents 18.30.120 renewal 18.30.130 requirements 18.30.030, 18.30.090 training 18.30.020 Partnerships with dentists 18.30.150 Sanctions 18.30.020 Uniform disciplinary act, application 18.30.135 DEPENDENCY PROCEEDINGS (See JUVENILES, subtitle Dependency proceedings) DEPENDENT ADULTS Abandonment defense 9A.42.090 defined 9A.42.010 first degree 9A.42.060 second degree 9A.42.070 third degree 9A.42.080 Abuse homicide by 9A.32.055 protection proceeding record information state patrol duties 43.43.705 Abuse, neglect, exploitation, or abandonment cause of action for damages 74.34.210 protection order 74.34.210 Abuse or financial exploitation background checks of prospective employees notification of state patrol of convictions and adjudications 43.43.840 background investigations of prospective employees and volunteers definitions 43.43.830 disclosure to individual of own record 43.43.836 immunity of state 43.43.833 record disclosure, conditions and limitations 43.43.832, 43.43.834, 43.43.838 employment of persons convicted of abuse or financial exploitation by agencies providing services prohibited additional requirement for licensure by departments of social and health services and health 43.43.842 Boarding homes, licensing and regulation Ch. 18.20 Crime victims and witnesses—dependent persons Ch. 7.69B Criminal mistreatment defense, financial inability 9A.42.050 defined 9A.42.010 first degree 9A.42.020 fourth degree 9A.42.037 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support systems not applicable to chapter 9A.42.040 Criminal mistreatment of children or dependent person endangerment with a controlled substance 9A.42.100 Data collection system, confidential 74.34.090 Definitions 74.34.020 Guardianship, See GUARDIAN AND WARD Homicide by abuse 9A.32.055 Identification and criminal history section, state patrol powers and duties 43.43.700 Immunity for those reporting abuse 74.34.050 Indecent liberties 9A.44.100 Injunction to stop interference with investigation 74.34.080 Investigations into abuse injunctions to stop interference with investigation 74.34.080 Protection of administrative office of the courts, duties 74.34.115 department may seek relief 26.50.021, 74.34.150 fatality reviews 74.34.300 judicial relief 74.34.130 petition for protective order 74.34.110 execution of 74.34.140 filing by others 74.34.135 hearing on 74.34.120 proceedings are supplemental 74.34.160 services of department are discretionary 74.34.170 violation of protection order notice and penalties 74.34.145 Protective services and benefits, limitation on recovery of costs 74.34.025 Rape 9A.44.010, 9A.44.050 Reports of abuse, exploitation, neglect, or abandonment cause of action for damages 74.34.200 failure to report 74.34.053 investigation results 74.34.068 requirements 74.34.035 response 74.34.040 response to reports 74.34.050, 74.34.063, 74.34.067, 74.34.070, 74.34.095 whistleblowers and residents, retaliation prohibited 74.34.180 Terminally ill persons, palliative care not criminal mistreatment 9A.42.045 Vulnerable adults protective services Ch. 74.34 DEPENDENT CARE ASSISTANCE PROGRAM (See HEALTH CARE AUTHORITY) DEPENDENTS (See also PARENT AND CHILD) Parents’ action for injury or death of child 4.24.010 Personal injury action survives on death of injured person 4.20.060 Wrongful death beneficiaries 4.20.020 DEPORTATION Aliens guilty plea deportation consequences advisement 10.40.200 Aliens committed to department of corrections conditional release for deportation 9.94A.685 [RCW Index—page 227] DEPOSITARIES DEPOSITARIES (See PUBLIC DEPOSITARIES) DEPOSITIONS Army, navy, marine and coast guard officers authorized to take 73.20.010 Certification and taking of by inferior judicial officers 2.28.090 judges of supreme and superior courts 2.28.080 Court commissioners’ power to take 2.24.040 Criminal proceedings grand jury, disclosure of contents 9.51.060 preliminary examinations 10.16.160 witnesses, depositions of, when permitted 10.52.060 Expense of taking cost bill may include 4.84.090 disbursement, as 4.84.090 Injunctions, motion to reinstate injunction 7.40.210 Legislature, hearings and inquiries, commission to examine absent witnesses 44.16.100 Prisoners, to obtain testimony 5.56.090 Taking of by inferior court judicial officers 2.28.090 by judges of supreme and superior court 2.28.080 DEPOSITS (See also DEPOSITS IN COURT) Acceptance of, by alien banks, requirements 30.42.120 Banks Ch. 30.22 adverse claim to must be accompanied by court order or surety bond, exception 30.20.090 insured deposits and accounts by federal government, use of as collateral security 39.60.040 officer liable for, when Const. Art. 12 § 12 postponements of payments of under bank stabilization plan 30.56.020 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 Construction and maintenance of highways, contract by, deposit or bond requisite for consideration of 47.28.090 County clerk’s funds 36.48.080 County licenses, peddlers 36.71.020, 36.71.050 County roads and bridges, construction contracts 36.77.030 Credit unions Ch. 30.22 payment to surviving spouse or domestic partner 11.62.030 Depositaries, See DEPOSITARIES Development credit corporations 31.20.110 Federal deposit insurance corporation acquisition of liabilities for, judicial review, not a hindrance to 30.44.280 Insurance companies, See INSURANCE, subtitle Deposits Insured deposits by federal government, use of as collateral security 39.60.040 Logging liens, deposit to recover possession 60.24.130 Mutual savings banks Ch. 30.22 limitations 32.12.010 Mutual savings banks, See also MUTUAL SAVINGS BANKS, subtitle Deposits Public moneys, with treasurer Const. Art. 11 § 15 Savings and demand, See DEPOSITS, subtitle Banks Savings and loan associations Ch. 30.22 governed by individual account deposit act, chapter 30.22 RCW 33.20.005 Title insurers, guaranty fund 48.29.030 Trust companies governed by individual account deposit act, chapter 30.22 RCW 30.20.005 receiving deposit while insolvent, penalty 30.44.120 [RCW Index—page 228] DEPOSITS IN COURT Actions against tenant on failure to pay rent 7.28.250 Bond, money in lieu of bond in civil action 4.44.470 Contempt for refusal to make 4.44.490 Costs in lieu of bond for security for costs 4.84.210 judgment on 4.84.240 made and rejected by plaintiff 4.84.120 Court may order enforcement 4.44.490 when 4.44.480 Custody of money deposited 4.44.500 District judges deposit in court made and rejected by plaintiff 12.20.040 Ejectment and quieting title, actions against tenant on failure to pay rent 7.28.250 Garnishment justice court procedure 6.27.060 Interpleader 4.08.150, 4.08.170 Justices of the peace garnishment 6.27.060 Money in lieu of bond in civil action 4.44.470 Partition proceedings continuance of suit to determine claims 7.52.260 proceedings on not to delay sale 7.52.240 proceeds and securities taken by referees 7.52.250 sale of estate for life or years investment of proceeds 7.52.400 sale without consent 7.52.320 Payment or delivery out 4.44.490 Rent, actions against tenant on failure to pay rent 7.28.250 DEPOTS (See RAILROADS) DESCENT AND DISTRIBUTION Adoption adopted child included as of the blood of ancestor 11.04.035 lawfully adopted child not an heir of his natural parents 11.04.085 Advancements death of advanced descendant 11.04.041 defined 11.04.041 exceeding distributive share 11.04.041 how considered 11.04.041 less than distributive share 11.04.041 value, how determined 11.04.041 Children inheritance by not dependent upon marriage of parents 11.04.081 inheritance from not dependent upon marriage of parents 11.04.081 Community property agreements 26.16.120 intestate 11.04.015 amount subject to 11.04.015 title to community real property vests immediately on death 11.04.290 Debts community property subject to 11.02.070 real property title vests instantly but subject to debts 11.04.250 Degree of kinship, how computed 11.02.005 Family allowance, real property title vests immediately but subject to 11.04.250 Heirs, defined 11.02.005 Inheritance rights of slayers Ch. 11.84 Intestate aunts and uncles 11.04.015 brothers and sisters 11.04.015 children 11.04.015 cousins 11.04.015 grandchildren 11.04.015 grandparents 11.04.015 husbands 11.04.015 issue 11.04.015 parents 11.04.015 sisters and brothers 11.04.015 spouse 11.04.015 wife 11.04.015 Intestate community property 11.04.015 Intestate property 11.04.015 Issue 11.04.015 defined 11.02.005 Letters testamentary and of administration title to real property vests without issuance of 11.04.250 Personal property, intestate 11.04.015 Real estate, defined 11.02.005 Real property intestate 11.04.015 rents and profits, right to sue for by heirs and devisees 11.04.250 rights of heirs on vesting of title 11.04.250 title vests immediately in heirs and devisees 11.04.250, 11.04.290 Representation death of descendant advanced, effect 11.04.041 defined, how computed 11.02.005 posthumous children considered as living 11.02.005 Simultaneous death, uniform act Ch. 11.05A Tenancies dower and courtesy abolished 11.04.060 by the entireties, abolished 11.04.071 United States savings bonds co-owner, effect of death 11.04.230 Unites States savings bonds beneficiary’s survival of registered owner, effect 11.04.240 DESCRIPTION Ejectment and quieting title action order for survey of property 7.28.210 pleadings, description of property included in 7.28.120 Mortgages, description of land 61.12.020 Partition proceedings referees’ report 7.52.090 report of sale to list 7.52.370 DESECRATION Flags, color, ensign or shield, crimes relating to 9.86.030 DESERTION AND NONSUPPORT (See CHILD SUPPORT; FAMILY ABANDONMENT AND NONSUPPORT) DESERTION (MILITARY) Militia and military affairs desertion, defined 38.32.080 DESIGN STANDARDS COMMITTEE (See STATE DESIGN STANDARDS COMMITTEE) DETAINER (See also FORCIBLE ENTRY AND DETAINER) Damages for, actions for recovery of possession of personal property 4.56.080 Jurisdiction over, superior court 2.08.010 DETAINERS, INTERSTATE Administrator, state 9.100.060 Escape effect 9.100.040 Giving over of inmate authorized 9.100.050 Request for temporary custody, notice to prisoner and governor 9.100.070 Text of agreement 9.100.010 Transmission of copies of chapter by secretary of state 9.100.080 DETECTIVES, PRIVATE (See PRIVATE DETECTIVES) DETERGENTS Phosphorus content definitions 70.95L.010 legislative findings 70.95L.005 limitation 70.95L.020 notice to distributors and wholesalers 70.95L.030 violations, injunctions 70.95L.040 (2008 Ed.) DEVELOPMENTAL DISABILITIES, PERSONS WITH DEVELOPMENT CREDIT CORPORATIONS Building and loan association, membership in 31.20.070 Capital stock, minimum amount 31.20.040 Creation authorized 31.20.010 Deposits in designated depositaries 31.20.110 Directors election 31.20.050 number 31.20.050 terms 31.20.050 vacancies 31.20.050 Loans duty to make 31.20.080 limitations on amount 31.20.080 members to corporation authorized 31.20.060 Members enumerated banks, trust companies, etc. 31.20.070 loans to corporation authorized 31.20.060 duty of members to make 31.20.080 limitations on amount 31.20.080 withdrawal 31.20.090 Money deposits prohibited 31.20.120 Powers 31.20.030 Proration of calls 31.20.080 Publication of annual statement of assets and liabilities 31.20.130 Purposes 31.20.020 Small business investment act, participation in authorized 31.20.140 Surplus reserve requirements 31.20.100 DEVELOPMENT LOAN FUND COMMITTEE (See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF, subtitle Development loan fund committee) DEVELOPMENT PROJECTS (See LAND USE PLANNING) DEVELOPMENT RIGHTS (See TAXES PROPERTY) DEVELOPMENTAL DISABILITIES, PERSONS WITH Abuse homicide by abuse 9A.32.055 Agency action appeal 71A.10.050 consultations, secretary’s duties 71A.10.070 notice procedure 71A.10.060 Alcohol and drug abuse integrated crisis response and involuntary treatment, pilot programs Ch. 70.96B Children commitment Ch. 26.40 out-of-home placement 13.34.270, 74.13.350 permanency planning hearing 13.34.270 Children and family services act 74.14A.020 legislative intent 74.14A.010 Civil and parental rights not affected 71A.10.030 Community placement consultation, determination, and review 71A.20.080 Community protection program appeals 71A.12.240 application 71A.12.210 definitions 71A.12.220 enforcement actions 71A.12.270 legislative approval 71A.12.200 less restrictive placement 71A.12.260 risk assessment 71A.12.230 rules, guidelines, manuals 71A.12.280 services, reviews 71A.12.250 Community residential centers payment 71A.12.060, 71A.12.070 Community services funding Ch. 71.20 interstate contracts 71.28.010 planning and administration Ch. 71A.14 Conservation corps (2008 Ed.) eligibility for membership 43.220.070 Consultations, procedure 71A.10.070 Crime victims and witnesses—dependent persons Ch. 7.69B Crimes, persons who commit state services, legislative findings 71A.12.025 Criminal proceedings acquittal by reason of insanity evaluation and treatment 10.77.110 competency stay of proceedings 10.77.084, 10.77.086, 10.77.088 involuntary commitment 10.77.095 custody, hearings, and release 10.77.120 escape notification requirements 10.77.165 examinations, periodic 10.77.140 furloughs, notice to prosecuting attorneys 10.77.163 recordkeeping, availability of records 10.77.210 release procedures 10.77.200 right to adequate care and treatment 10.77.210 not guilty by reason of insanity plea or competency 10.77.060 Death penalty retarded person may not be sentenced to death 10.95.030 Definitions 71A.10.020 Dependent adults, See DEPENDENT ADULTS Developmental disabilities endowment administration 43.330.230 definitions 43.330.195 governing board 43.330.205, 43.330.210 operating plan 43.330.225 principles governing 43.330.220 trust fund 43.330.200 Discrimination, protection from 71A.10.040 Employment supported employment, state agency participation 41.04.750, 41.04.760, 41.04.770, 41.04.780 Fishing permits, group 77.32.550 Funds held in trust investments Const. Art. 29 § 1 Guardianship, See GUARDIAN AND WARD Harrison Memorial Hospital as multi-use facility 72.29.010 Housing authority authority to operate group homes or halfway houses 35.82.285 Individual and family services program 71A.12.161 Individual service plans 71A.18.010 Insurance definition 48.01.035 Intent 71A.10.010, 71A.10.011 Intermediate care facilities medical care purchase of services 74.09.120 Interpreters at legal proceedings appointment Ch. 2.42 Investigation of state employees and care providers 43.20A.710 Law enforcement officers, training requirement interactions with developmentally disabled persons 43.101.227 Luring of child or person with developmental disability defined 9A.40.090 Medical care intermediate care facilities purchase of services 74.09.120 Medication assistance 69.41.085 Mentally ill, See MENTALLY ILL, subtitle Developmentally disabled Notice procedure 71A.10.060 Outreach program 71A.16.030 Policy 71A.10.015 Rainier school dairy/forage and agricultural facility 28B.30.810 Recreation therapy Ch. 18.230 Residential habilitation centers account, developmental disabilities community trust account 71A.20.170 administration Ch. 72.01 admission for observation, authority 71A.20.150 admittance 71A.16.010 capacity determination 71A.20.090 children and youth services, management Ch. 72.05 clothing for resident 71A.20.110 death, burial and funeral expenses 71A.20.130 educational programs 71A.20.070 educational programs for residents Ch. 28A.190 financial responsibility 71A.20.120 financial responsibility for care advance payments 43.20B.440 death of resident, liability of estate 43.20B.445 discreationary lump sum collection, when 43.20B.455 liability created 43.20B.450 liability limitation 43.20B.415 payment ability, determination 43.20B.425, 43.20B.430 rates, establishment 43.20B.420 reimbursement from after acquired property 43.20B.445 responsibility, modification or vacation of findings 43.20B.435 Harrison Memorial Hospital 71A.20.040 Interlake School 71A.20.030 permanent centers enumerated 71A.20.020 personal property of resident 71A.20.100 resident’s placement in community 71A.20.080 right of resident to leave 71A.20.140 superintendent’s authority 71A.20.050 work programs 71A.20.060 Residential habilitation centers, see also RESIDENTIAL HABILITATION CENTERS Respectful language requirements RCW references 44.04.280 Rights of persons with disabilities protection and advocacy program, implementation 71A.10.080 Service delivery alternative service 71A.18.040 authority of secretary 71A.12.030 authorized state services 71A.12.040 confidentiality of information 71A.14.070 contract authority 71A.12.110, 71A.12.150 contract services with Oregon or Idaho 71A.14.110 coordination, continuum 71A.12.010 county boards 71A.14.020 discontinuance of a service 71A.18.050 eligibility 71A.16.010, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050 federal program, participation 71A.14.090 federal programs, participation 71A.12.120 funding 71A.18.020 funds, receipt and use 71A.14.080 general services 71A.12.100 gifts, acceptance and use 71A.12.130 local authority 71A.14.060 local tax authority 71A.14.100 objectives 71A.12.020 parents, eligibility for services 71A.12.090 payment 71A.12.050 persons who commit crimes 71A.12.025 referral 71A.16.010 rejection of 71A.18.030 rules adoption 71A.12.080 state agencies, duties 71A.12.140 state fund eligibility 71A.14.030, 71A.14.040, 71A.14.050 Sexual offenses against definitions 9A.44.010 indecent liberties 9A.44.100 [RCW Index—page 229] DEVISEES AND LEGATEES State and local services comprehensive community health centers administrative implementation, state agencies 70.10.060 construction projects fiscal assistance, approval, use 70.10.040 interagency cooperation 70.10.050 defined 70.10.020 federal/state fund, application for, administration of, authorization 70.10.030 legislative intent 70.10.010 Supported employment 41.04.750, 41.04.760, 41.04.770, 41.04.780 Training centers and homes certification 71A.22.040 contracts for services 71A.22.010 definitions 71A.22.020 nonsectarian 71A.22.060 payments by secretary 71A.22.030 services 71A.22.050 DEVISEES AND LEGATEES (See also DESCENT AND DISTRIBUTION; PROBATE) Adverse possession, See ADVERSE POSSESSION Death of grandparents’ issue before that of grantor rights of issue 11.12.110 Execution against property in custody of, writ contents 6.17.110 Limitation of actions, ejectment and quieting title actions 7.28.060 Will contest, notice to 11.24.020 Witness, as, effect 11.12.160 DIABETES Benefits in state-purchased health care 41.05.185 Disability insurance coverage 48.20.391, 48.21.143 Health care service contractors, coverage 48.44.315 Health maintenance organizations, coverage 48.46.272 Schools and school districts 28A.210.330, 28A.210.340 DIALYSIS (See KIDNEY DIALYSIS) DIES Dies, molds, forms, and patterns fabricator’s lien Ch. 60.84 Unclaimed property in possession of molder, procedures Ch. 63.52 DIETITIANS AND NUTRITIONISTS Authority of secretary of health 18.138.070 Certification qualifications 18.138.030 reciprocity 18.138.050 renewal 18.138.060 required 18.138.020 requirements and fees 18.138.040 Definitions 18.138.010 Health food stores, chapter not applicable to 18.138.110 Insurance coverage not mandated 18.138.100 Uniform disciplinary act, application 18.138.090 DIGITAL SIGNATURES Actions regarding jurisdiction, venue, and choice of laws 19.34.503 Alteration of chapter by agreement, exceptions 19.34.351 Certificates acceptance by subscribers, representations and duties 19.34.230 enforcement 19.34.250 expiration 19.34.270 issuance to subscribers, conditions 19.34.210, 19.34.220 recommended reliance limit, liability 19.34.280 revocation 19.34.260 suspension 19.34.250 [RCW Index—page 230] Certification authorities city or county as authority, conditions 19.34.231 compliance audits 19.34.110, 19.34.111 discontinuation of services, procedures 19.34.291 information services department authority 43.105.320 issuance of certificates to subscribers, conditions 19.34.210 licensure enforcement procedures and penalties 19.34.120 issuance and classification 19.34.100 renewal 19.34.101 revocation and suspension 19.34.100 prohibited activities 19.34.130 requirements 19.34.200 secretary of state, duties 19.34.030 subscribers representations and duties upon acceptance of certificates 19.34.230 units of government as subscribers 19.34.231 suitable guaranty, collection conditions 19.34.290 unit of state government prohibited from being authority, exceptions 19.34.231 warranties and obligations on issuance of certificates 19.34.220 Confidentiality of records and access limitation 19.34.420 Court documents acceptance of documents in electronic form, requirements 19.34.321 Definitions 19.34.020 Digitally signed message deemed original 19.34.330 Disputes, presumptions in adjudication 19.34.350 Local laws and ordinances superseded by chapter 19.34.501 Presumptions of validity and limitations on liability 19.34.360 Private key, control and public disclosure exemption 19.34.240 Repositories liability, exemptions 19.34.410 recognition, conditions and procedures 19.34.400 Secretary of state certification authorities, duties 19.34.030 fees 19.34.040 rule-making authority 19.34.500 Signatures acceptance 19.34.305 certificate as acknowledgment of verified signature 19.34.340 reasonabless of reliance, factors 19.34.311 satisfaction of signature requirements 19.34.300 unreliable digital signatures 19.34.310 Validity and enforceability of digitally signed document, requirements 19.34.320 Violations remedies 19.34.502 DIKING AND DRAINAGE (See also CANALS, DITCHES, AND DRAINS; SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES) Annexation and assumption of system erected and operated by United States authority upon permissive legislation by United States congress 85.05.610 confirmation of prior acts of districts 85.05.650 definitions 85.05.640 Indian trust lands, inclusion, when 85.05.620 ratification of prior acts of districts 85.05.650 restricted lands, inclusion, when 85.05.620 Annexation and assumption of system erected and operated by united States vesting of rights and interests in dikes and land 85.05.630 Commercial waterway districts, See WATERCOURSES AND WATERWAYS Dikes and embankments cities and towns authority for local improvement 35.43.040 authority to construct 35.21.090 county roads on or over authority 36.81.100 condemnation for 36.81.110 vegetation management guidelines 77.55.131 Diking districts acquisition, repair, maintenance of dikes, ditches, etc., authority of commissioners 85.07.170 annexation, consolidation 85.05.605 assessment roll, striking land from, procedure 85.07.130, 85.07.140 assessments generally 85.05.130 improvement proceedings 85.05.160 public lands 85.05.380, 85.05.390 authority for 85.05.010 awards, procedure to claim 85.05.150 bond issues state ownership, adjustment of indebtedness, generally Ch. 87.64 budget adoption methods 85.05.135 cities and towns, inclusion within 85.05.260 commissioners chair, election of 85.05.280 compensation 85.05.410 general duties 85.05.085 initial appointment 85.05.085 organization of board 85.05.280 secretary, selection of 85.05.280 connecting with other systems 85.05.210 assessment of costs 85.05.220 continuous benefits base benefits, determination 85.18.010, 85.18.030 declaration of purpose of law 85.18.005 levy for authorized 85.18.010 roll of protected property additional or supplemental basis for levy 85.18.080 certification and filing 85.18.070 procedure 85.18.060 basis for levy 85.18.080 conclusiveness of 85.18.090 exceptions to 85.18.090 generally 85.18.020 hearing notice 85.18.040 procedure 85.18.050 requirement 85.18.030 objections appellate review 85.18.140 general procedure 85.18.050 review 85.18.100, 85.18.110, 85.18.120, 85.18.130 contractors, improvement procedure 85.05.180 diking, drainage, and irrigation improvement districts, reorganization into, generally Ch. 85.22 drainage and irrigation improvement districts, reorganization—1933 act, generally Ch. 85.22 drainage systems appeals 85.05.076 appellate review 85.05.079 assessments 85.05.075, 85.05.077 bond issues for 85.05.078 generally 85.05.071 notice of hearing 85.05.072 objections 85.05.074 procedure in absence of objections 85.05.073 resolution by commissioners 85.05.071 emergency expenditures 85.18.170 (2008 Ed.) DIKING AND DRAINAGE eminent domain powers of commissioners 85.07.170 equipment, leasing 85.07.010 fiscal matters bond issues funding 85.07.060, 85.07.070, 85.07.090, 85.07.100, 85.07.110, 85.07.120 mutual savings banks, investment in 32.20.130 reclamation of tidelands and unsurveyed lands 85.05.540, 85.05.550 certificates of delinquency 85.05.365, 85.05.366 emergency expenditures 85.05.270 maintenance and repair expenditures generally 85.05.270 preliminary expenses, levy for 85.05.490, 85.05.500 warrants how issued 85.05.280 presentment 85.05.360 formation matters to be set in notices, petitions or proceedings 85.05.081 general authority 85.05.065 improvement districts reorganization—1917 act, generally Ch. 85.20 improvement procedure changes in plans 85.05.190 court procedure, generally 85.05.120 defendants, appearance 85.05.120 dismissal of proceedings tax to pay cost of 85.05.170 when 85.05.140 petition for contents 85.05.090 preparation 85.05.100 summons, service of, generally 85.05.110 transcript to county auditor 85.05.160 payments on contract, returned percentage 85.05.200 improvement proceedings, jury trials 85.05.120 indebtedness, adjustment of assessments and taxes, cancellation 87.64.060 claims for money expended by state 87.64.040 contracts to sell land to pay debts 87.64.020 powers of district in regard to 87.64.070 state authority when owning entire bond issue 87.64.010 state authority when owning part of bond issue 87.64.020 injunctions, power of court to issue 85.05.420 jury trials findings and form of verdict 85.05.370 improvement proceedings 85.05.120 levy annual estimate by commissioners 85.18.160 exclusive method of raising revenue 85.18.180 limitation to continuous benefits 85.18.150 management 85.05.010 powers 85.05.010 assessment, general procedure 85.05.130 beds and shores of streams exchange of 85.05.082 use of 85.05.082 eminent domain 85.05.070 general enumeration 85.05.070 rights of way on public land 85.05.080 securing benefits of law 85.05.081 property, unneeded, sale 85.05.430, 85.05.440, 85.05.450, 85.05.460, 85.05.470 appellate review 85.05.470 protests 85.05.460 public lands assessments on 85.05.380 how paid 85.05.390 rights of way on 85.05.080 (2008 Ed.) public roads benefit to, payment for 85.07.040, 85.07.050 rights of way along 85.05.080, 85.05.250 reorganization—1917 act assessments effect upon 85.20.050 authority for 85.20.010 bonds, refunding authority for 85.20.070 sale and issuance 85.20.120 county commissioner’s power in regard to 85.20.140 designation of reorganized district 85.20.050 election notice of 85.20.030 extensions to compensate for inadequate benefits 85.20.150 generally Ch. 85.20 indebtedness, effect upon 85.20.050 petition for 85.20.020 powers of county commissioners 85.20.140 reorganization—1933 act assessments effect upon 85.22.050 powers of county commissioners 85.22.130 authorization 85.22.010 bonds, refunding authority 85.22.060 county commissioners, power in regard to 85.22.130 designation of reorganized district 85.22.050 effect of, generally 85.22.050 election notice 85.22.030 extensions to compensate for inadequate benefits 85.22.140 petition for 85.22.020 retention of commissioners 85.22.050 special assessment bonds 85.05.355 special assessments methods 85.05.135 stream banks, prevention of washing 85.05.230, 85.05.240 tax exempt lands 85.05.367 Drainage districts acquisition, repair, maintenance of dikes, ditches, drains, etc., authority of commissioners 85.07.170 assessments appellate review 85.32.200 assessment roll additional roll due to omitted property or changed conditions 85.32.080 base for benefits against which levy is made 85.32.110 certification of 85.32.090 conclusive effect 85.32.160 generally 85.32.050 hearing 85.32.060 injunction 85.32.160 notice of hearing on 85.32.060 objections to 85.32.070 striking land from, procedure 85.07.130, 85.07.140 supplemental 85.32.100 improvement proceedings 85.06.160 initial determinations 85.32.040 judicial review 85.32.170, 85.32.180, 85.32.190 authority for 85.06.010 awards, procedures to claim 85.06.150 bankruptcy readjustment and relief from debts Ch. 39.64 board of commissioners owners of extraterritorial land as 85.32.150 powers, generally 85.32.030 bond issues state ownership, adjustment of indebtedness, generally Ch. 87.64 budget adoption methods 85.06.125 charges, construction costs notice 65.08.170 payment, release 65.08.180 cities and towns, inclusion within 85.06.230 commissioners compensation and expenses 85.06.380 powers and duties 85.06.080 connecting with other systems 85.06.210, 85.06.220 continuous benefits, levies for 85.32.210 costs, annual estimate of 85.32.220 diking, drainage and irrigation improvement districts, reorganization into, generally Ch. 85.22 dissolution alternative procedure 36.96.800 emergency warrants in excess of estimates 85.32.130 eminent domain 85.06.070 power of 85.06.690 powers of commissioners 85.07.170 equipment, leasing 85.07.010 extension or enlargement of system 85.06.500 fiscal matters bond issues funding 85.07.060, 85.07.070, 85.07.090, 85.07.100, 85.07.110, 85.07.120 mutual savings banks, investment in 32.20.130 refunding of Ch. 39.64 costs in excess of estimate, procedure, generally 85.06.710, 85.06.720, 85.06.730, 85.06.740, 85.06.750 preliminary expenses, payment of 85.06.550, 85.06.560, 85.06.570, 85.06.580, 85.06.590, 85.06.600, 85.06.610, 85.06.620, 85.06.630 public roads, benefit to, payment for 85.07.040, 85.07.050 warrants how issued 85.06.250 presentment for indorsement 85.06.330 general authority 85.06.015 improvement districts reorganization—1917 act, generally Ch. 85.20 improvement procedure assessments of benefited lands formerly omitted 85.06.130 changes in plan 85.06.190 claiming awards 85.06.150 construction contractors performance bonds 85.06.180 dismissal of proceedings 85.06.140 generally 85.06.100, 85.06.110, 85.06.120 payments on contract 85.06.200 petition for, contents 85.06.090 supplemental assessments 85.06.160 transcript of benefits to county auditor 85.06.160 improvements, additional, generally 85.06.640, 85.06.650, 85.06.660, 85.06.670, 85.06.680, 85.06.690, 85.06.700 indebtedness adjustment of assessments and taxes, cancellation 87.64.060 claims for money expended by state 87.64.040 contracts to sell land to pay debts 87.64.020 state authority when owning entire bond issue 87.64.010 state authority when owning part of bond issue 87.64.020 bankruptcy readjustment and relief from debts Ch. 39.64 extinguishing prior, exclusive method 85.32.140 levy for outstanding 85.32.120 powers of district in regard to 87.64.070 injunctions, power of court to issue 85.06.400 jury trials, findings and forms of verdict 85.06.340 management 85.06.010 [RCW Index—page 231] DIKING AND DRAINAGE merger with irrigation districts 87.03.720 owners of extraterritorial land, generally 85.32.150 powers 85.06.010 eminent domain 85.06.070, 85.06.690 general enumeration 85.06.070 improvements, additional 85.06.640 property, acquisition and sale of 85.06.670 proceedings dropped, payment of preliminary expenses 85.06.550, 85.06.560, 85.06.570, 85.06.580, 85.06.590, 85.06.600, 85.06.610, 85.06.620, 85.06.630 property acquisition and sale of 85.06.670 compensation for taking 85.06.680 public lands, assessments on 85.06.350, 85.06.360 reorganization—1917 act assessments effect upon 85.20.050 powers of county commissioners 85.20.140 authority for 85.20.010 bonds, refunding authority for 85.20.070 sale and issuance 85.20.120 county commissioners’ powers in regard to 85.20.140 designation of reorganized district 85.20.050 election notice of 85.20.030 extensions to compensate for inadequate benefits 85.20.150 generally Ch. 85.20 indebtedness, effect upon 85.20.050 petition for 85.20.020 reorganization—1933 act assessments effect upon 85.22.050 powers of county commissioners 85.22.130 authorization 85.22.010 bonds, refunding authority 85.22.060 county commissioners’ powers in regard to 85.22.130 designation of reorganized district 85.22.050 effect of, generally 85.22.050 election notice 85.22.030 extensions to compensate for inadequate benefits 85.22.140 petition for 85.22.020 retention of commissioners 85.22.050 revenue act of 1961 declaration of necessity and purpose 85.32.010 definitions 85.32.020 generally Ch. 85.32 service of process, fees for 85.06.370 special assessment bonds 85.06.255, 85.32.140 special assessments methods 85.06.125 taxing district relief act Ch. 39.64 warrants of how issued 85.06.250 limitation of actions upon 4.16.050 presentment for indorsement 85.06.330 watercourses improvement of 85.06.390 preservation of rights in 85.06.390 Drainage systems, cities and towns, authority to provide for 35.21.210 Draining districts dissolution, alternative procedure 36.96.800 Easements or rights of way over state lands, See PUBLIC LANDS Eminent domain Const. Art. 1 § 16 diking districts 85.06.070 drainage districts 85.06.070, 85.06.690 improvement districts 85.08.190 intercounty districts Ch. 85.24 taking of private property for private use Const. Art. 1 § 16 [RCW Index—page 232] Fishways, flow, and screening Ch. 77.57 Hydraulic projects and permits Ch. 77.55 Improvement districts abandonment or change in system 85.08.540 annexation, consolidation 85.08.895 assessments apportionments, appellate review 85.08.440 assessment roll 85.08.420 certificates of delinquency 85.08.480 collection 85.08.480 erroneous 85.16.230 foreclosure for general taxes generally 85.08.490 resale or lease by county 85.08.500 generally 85.16.220 levies against counties, cities, or towns, how paid 85.08.530 maintenance 85.08.410 payment 85.08.430 reassessments 85.08.510 regularity and validity of proceedings 85.08.450 schedule of benefits 85.08.400 supplemental 85.08.520 bond issues and warrants maintenance assessments 85.16.030 budget adoption methods 85.08.565 construction beginning 85.08.310 contractor’s performance bonds 85.05.180 contracts with United States 85.08.310 directed, when 85.08.220 contracts with United States 85.08.310 costs apportionment against city, county or state, when 85.08.370 total apportionment 85.08.360 county engineer to act temporarily as supervisor 85.08.305 creation alternative methods 85.08.900 damages, warrants for 85.08.210 dissolution alternative procedure 36.96.800 election of supervisors 85.08.305 elections supervisors of 85.08.300 excess and extraordinary expenditures authorizing 85.16.180 levy for 85.16.170 extension of systems 85.08.560 federal aid to, generally 85.12.010, 85.12.030 funds, generally 85.08.470 funds for diking and drainage systems 85.16.150 general authority 85.08.015 highways, drainage ditches along 85.08.385 injury or interference with, penalty 85.08.690 irrigation districts benefit to 85.08.380 merger with 85.08.830, 85.08.840, 85.08.850, 85.08.860, 85.08.870, 85.08.880, 85.08.890 judgment liability, levy for 85.08.460 judicial review 85.16.190 landowners in district voting rights 85.08.025 location in two or more counties, generally 85.08.570 maintenance costs definitions 85.16.010 estimate and levy 85.16.020 excess and extraordinary expenditures apportionment of levy 85.16.120 excess expenditures generally 85.16.030 portion of lot, tract, or parcel 85.16.115 special benefits appraisal of factors considered 85.16.090 generally 85.16.080 report and schedule 85.16.090 separate appraisals for diking and drainage benefits 85.16.110 hearing on 85.16.060 notice of hearing 85.16.070 officers and employees, compensation 85.08.320 preliminary expenses defined 85.08.230 levy for 85.08.230 property benefited and damaged eminent domain 85.08.190 schedule of benefits apportionment or modification 85.08.410 filing 85.08.390 hearing on 85.08.400 verdict to fix 85.08.200 property transfer, flood control zone districts 86.15.210 public roads or utilities apportionment of costs 85.08.370 crossing 85.08.340 rules and regulations, generally 85.08.680 special assessment bonds 85.08.285 special assessments methods 85.08.565 special benefits appraisal of, hearing on report 85.16.130 basis for levies 85.16.160 hearing on 85.16.200 judicial review 85.16.210 redetermination of 85.16.200 state lands, benefit to, apportionment of costs 85.08.370, 85.08.375 state owned drainage bonds, cancellation of interest and assessments 85.08.820 subdistricts 85.08.540 supervisors compensation 85.08.320 generally 85.08.300 title acquisition eminent domain 85.08.190 voting rights of landowners in district 85.08.025 warrants excess and extraordinary expenditures 85.16.180 waters developed by, use 85.08.630, 85.08.640, 85.08.650, 85.08.660 Intercounty districts Ch. 85.24 commissioners 85.24.071, 85.24.080 Irrigation districts drainage system, sanitary sewers or sewage disposal questions 87.03.120, 87.03.125 Irrigation districts, See also IRRIGATION DISTRICTS Lowland filling, See LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Lowlands, filling Maintenance and expansion—1967 act, diking, drainage, sewerage improvement districts annual estimate of costs, levy added to general taxes 85.15.150 appellate review 85.15.130 concurrent use of other revenue raising methods 85.15.170 declaration of purpose 85.15.010 definitions 85.15.020 delinquencies 85.15.150 disposition of revenue 85.15.150 emergency expenditures, warrants 85.15.160 levies general taxes, added to 85.15.150 purpose 85.15.140 property rolls appellate review 85.15.130 basis and requisites for 85.15.030 filing with county commissioners 85.15.030 hearing on 85.15.040 notice 85.15.040 objections, filing, grounds, waiver 85.15.050 publication 85.15.040 reexamination of properties on roll 85.15.060 (2008 Ed.) DISABILITY ASSISTANCE remedies 85.15.080 review by superior court 85.15.090, 85.15.100, 85.15.110, 85.15.120 separate levies for prior indebtedness 85.15.030 valuation, levies made on basis of 85.15.070 review by superior court conclusiveness of proceedings 85.15.080 filing fee, bond, priority of cause 85.15.110 procedure 85.15.090 scope, judgment 85.15.120 valuation, levies made on the basis of roll, hearing on adjustment 85.15.070 reexamination of properties on roll, adjustment, periodic revision 85.15.060 Mt. St. Helens, emergency recovery operations from eruption Ch. 89.16 Natural drainage, flood control improvements affecting, See FLOOD CONTROL, subtitle Districts—1937 act Obstructing or interfering with, public nuisance 7.48.120, 9.66.010 Private ditches and drains authority for 85.28.010 cost bond, posting 85.28.030 drainage of tide and marshland common boundary 85.28.140 division of costs 85.28.130, 85.28.140 generally Ch. 85.28 petitions to appropriate, generally 85.28.020 summons to landowners generally 85.28.090 service by publication 85.28.080 trials appeal from 85.28.100 generally 85.28.090 viewers appointment 85.28.040 compensation 85.28.110 duties, generally 85.28.040 new viewers appointed, when 85.28.120 report of 85.28.050 Public lands—aquatic lands generally Ch. 79.105 Public waterway districts, See PUBLIC WATERWAY DISTRICTS Reclamation districts of one million acres or more Ch. 89.30 Reclamation of tidelands and other unsurveyed lands 85.05.540, 85.05.550 Safeguarding 35.43.040, 35.43.045, 35.44.045, 36.88.015, 36.88.380, 36.88.390, 36.88.400, 87.03.480, 87.03.526 Special districts assessments Ch. 85.36 comprehensive flood control management plan arbitration of disputed issues 86.12.210 local officials, participation of 86.12.210 creation and operation Ch. 85.38 governing body Ch. 85.38 powers Ch. 85.36 Tidelands and marshlands, private ditches and drains for 85.28.130, 85.28.140 Water courses and waterways, improvement 85.24.280, 85.24.290 Water rights, See also WATER AND WATER RIGHTS DIKING AND DRAINAGE DISTRICTS (See also SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES) Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Reclamation projects of state, contracts with districts Ch. 89.16 DIPLOMAS Certificate or test score to be accepted in lieu of diploma 41.04.015 DISABILITIES, PERSONS WITH (See also BLIND; CHILDREN; DEAF; HANDICAPS, PERSONS WITH) (2008 Ed.) Adverse possession, person under legal disabilities 7.28.090 Assistive devices for children 28A.155.160, 28A.335.205 Chore services 74.39A.100, 74.39A.120, 74.39A.130, 74.39A.140, 74.39A.150 Community and technical colleges technical colleges to provide for vocational instruction for persons with disabilities written procedures, requirements 28B.50.455 Court access and accommodations coordinator 2.56.210 Curb ramps use to enter and cross roadway as pedestrian 46.61.240 Disability accommodation revolving fund 41.04.395 Disability history month 28B.10.918 Disability history month, schools 28A.230.158 Dog guides driver responsibilities and liabilities 70.84.040 killing or injuring, liability 49.60.370 license fee waiver 49.60.380 unauthorized use 70.84.060 Drivers refueling services 49.60.360 Drivers’ license restrictions 46.20.041 Employment clearinghouse 50.12.250, 50.12.252 supported employment for persons with developmental or significant disabilities 41.04.750, 41.04.760 vendors in good standing, committee and fees 50.40.065, 50.40.066 Facilities bond issue Ch. 43.99C Fish or shellfish, physical disability permits 77.32.400 Fishing and hunting advisory committee 77.04.150 Fishing and shellfish harvesting, designated harvester cards 77.32.400 Guardianship, See GUARDIAN AND WARD Health insurance retired and disabled state and school employees’ premium reduction subsidy 41.05.085 Housing assistance program created 43.185.015 Housing policy affordable housing advisory board 43.185B.020 duties 43.185B.030 definitions 43.185B.010 goal 43.185B.007 housing advisory plan preparation and reporting requirements 43.185B.040 legislative findings and purpose 43.185B.005 objectives 43.185B.009 Housing trust fund affordable housing advisory board 43.185.110 application, procedure 43.185.070, 43.185.130 eligible organizations 43.185.060 findings 43.185.010 loans or grants 43.185.050 preconstruction technical assistance 43.185.080 Washington housing trust fund created 43.185.030 Hunting permits for disabled hunters 77.32.237, 77.32.238 Interference with, violations, penalty 70.84.070 Malicious harassment 9A.36.080 Minimum wages, exceptions for 49.46.060 No abatement if cause of action survives 4.20.050 Notarized documents, procedure 42.44.080 Park passes, camping 79A.05.065 Parking free parking 46.61.582 licenses, special license plates and placards 46.16.381, 46.16.385 reciprocity with other jurisdictions 46.16.390, 46.61.583 stalls and spaces, requirements, penalties 46.61.581 Personal aides 74.39.007, 74.39.050, 74.39.060, 74.39.070 Property of, alienation authorized, not to be by special laws Const. Art. 2 § 28 Public employment, discrimination in prohibited 70.84.080 Rehabilitation services cooperative agreements between state and local agencies 74.29.037 definitions 74.29.010 job support services 74.29.080 powers and duties of department of social and health services 74.29.020 purpose 74.29.005 state purchasing from entities serving or providing opportunities definitions 43.19.525 fair market price 43.19.530 intent 43.19.520 vendors in good standing 43.19.531, 43.19.533 Residences structures occupied by persons with handicaps, treatment of 35.63.220, 36.70.990, 36.70A.410 Respectful language requirements RCW references 44.04.280 School buildings and plants, barrier-free access 28A.525.030 Self-directed care 74.39.007, 74.39.050, 74.39.060, 74.39.070 Service animals defined 70.84.021 driver responsibilities and liabilities 70.84.040 killing or injuring, liability 49.60.370 license fee waiver 49.60.380 unauthorized use 70.84.060 Sidewalks wheelchair access to, use of roadway to reach 46.61.250 Students with disabilities core services 28B.10.910, 28B.10.912 nondiscrimination policy 28B.10.912 reasonable accommodation 28B.10.914 Tolling of statute of limitations of actions 4.16.190 coexisting disability 4.16.260 when disability must exist 4.16.250 Transportation for, nonprofit providers 81.66.005, 81.66.010, 81.66.020, 81.66.030, 81.66.040, 81.66.050, 81.66.060 Transportation services special needs transportation services coordination Ch. 47.06B Vocational rehabilitation and services, See VOCATIONAL EDUCATION Voting disability access voting Ch. 29A.46 precinct and polling place determination and accessibility Ch. 29A.16 Voting, See also ELECTIONS Wheelchair conveyances vehicle operators’ license may be restrictive 46.20.109 White cane law dog guide defined 70.84.020 driver responsibilities and liabilities 70.84.040 rights of blind or hearing impaired pedestrians 70.84.050 Working disabled medical assistance 74.09.540 DISABILITY ASSISTANCE (See PUBLIC ASSISTANCE, subtitle Disability assistance) [RCW Index—page 233] DISABILITY INSURANCE DISABILITY INSURANCE (See Group disability insurance; INSURANCE, subtitle Disability insurance) DISABLED PERSONS Crime victims and witnesses—dependent persons Ch. 7.69B White cane law application to 70.84.010 DISASTERS (See also STATE OF EMERGENCY) Destroyed property in disaster area tax abatement or refund Ch. 84.70 Disaster response account 38.52.105 Mutual aid and interlocal agreements 38.52.091 Nisqually earthquake account 38.52.106 DISBARMENT OF ATTORNEYS (See ATTORNEYS AT LAW, subtitle Disbarment of) DISBURSEMENTS (See also COSTS) Costs, disbursements taxable as, allowable items 4.84.090 Criminal conversation, limitation on recovery of by plaintiff 4.84.040 Partition proceedings 7.52.480 DISCHARGE Attachment judgment for defendant, by 6.25.270 motion for ground 6.25.180 notice 6.25.180 time for 6.25.180 Attachment writ motion for notice 6.25.180 time for 6.25.180 redelivery bonds, by 6.25.190 Criminal proceedings sentence, completion of 9.94A.637 Defendant to give evidence for state, bars subsequent prosecution 10.46.110 Employer and employees, concealing cause of, from employment security office 50.36.030 Executors and administrators closing estate, discharge upon 11.76.050 petition for in final report 11.76.030 Extradition, fugitives from another state 10.88.360 Garnishee, uncontested answer 6.27.170 Garnishment, See GARNISHMENT, subtitle Discharge Judgment lien, satisfaction of judgments for payment of money only, by 4.56.100 Jury challenge to sufficiency of evidence sustained 4.56.150 disagreement 4.44.330 on receiving verdict 4.44.460 replacement of juror, effect 4.44.290 without verdict effect 4.44.340 when 4.44.330 Personal representatives closing estate, discharge upon 11.76.050 petition for in final report 11.76.030 Satisfaction of judgments specific designation required 4.56.100 DISCLAIMER Interpleader 4.08.150, 4.08.170 State’s title to patented lands Const. Art. 17 § 2 Unappropriated public and Indian lands Const. Art. 26 § 2 Warranty, lease of personal property, merchantability or fitness 63.18.010 DISCLOSURE (See PUBLIC DISCLOSURE) DISCONTINUANCE (See ADJOURNMENTS; CONTINUANCES) DISCOUNT Common carriers, rebating or discounting prohibited 81.28.210, 81.28.220 [RCW Index—page 234] Insurance, unlawful practice with premiums 48.30.140 Out-of-state membership sales in discount programs, business and occupation tax exemption 82.04.421 Savings and loan association, purchasing of accounts, debentures or certificates at discount prohibited, penalty 33.36.020 DISCOVERY Domestic violence program client records discovery 70.123.075 Eminent domain proceedings appraisers’ conclusions, order for production and exchange of 8.25.120 Executors and administrators concealed or embezzled property 11.48.070 Personal representatives, concealed or embezzled property 11.48.070 Rape crisis center records, not available to defense attorney, exceptions 70.125.065 DISCRETION Costs, discretion of court to allow if not allowed by statute 4.84.190 DISCRIMINATION (See also HUMAN RIGHTS COMMISSION; SEXUAL EQUALITY IN PUBLIC SCHOOLS) Abortion individual right to choose or refuse interference or discrimination by state prohibited 9.02.100 participation or refusal to participate employment or professional discrimination prohibited 9.02.150 Accommodations, public, denial due to race, creed, color, penalty 9.91.010 Affirmative action discrimination prohibited 49.60.400 legislative findings, purpose 49.74.005 noncompliance conciliation, order issued 49.74.030 failure to reach conciliation, procedure 49.74.040 procedure 49.74.020 superior court, remedies 49.74.050 African-American affairs, commission on creation 43.113.010 members appointment, terms, vacancies, quorum, and reimbursement of expenses 43.113.020 powers and duties 43.113.030 Age discrimination unfair practices 49.60.205 AIDS, HIV, unfair practices 49.60.172, 49.60.174 Apprenticeship programs, generally Ch. 49.04 Birth control individual right to choose or refuse interference or discrimination by state prohibited 9.02.100 Blockbusting, unfair practices 49.60.223 Cemeteries, refusing burial to non-Caucasian 68.50.035 Chiropractic by health care service contractors prohibited 18.25.0192 state and political subdivisions, discrimination against chiropractic services prohibited 18.25.0193, 18.25.0194, 18.25.0195, 18.25.0196, 18.25.0197 Cities and towns community renewal law 35.81.170 unfit dwellings law 35.80.040 Civil rights declaration 49.60.030 Civil rights, See also CIVIL RIGHTS Colleges and universities disabilities, persons with 28B.10.912 gender-based discrimination Ch. 28B.110 Common carriers denial of use because of race, color, or creed, penalty 9.91.010 prohibited Const. Art. 12 § 15, Const. Art. 12 § 18, Const. Art. 12 § 19 Complaints, generally 49.60.230, 49.60.240, 49.60.250 Credit transactions, unfair practices 49.60.176 Damages, unfair practices involving real property 49.60.225 Definitions 49.60.040 Denial of public accommodations because of race, color, or creed, penalty 9.91.010 Developmentally disabled protection under law 71A.10.040 Displaced homemaker program, discrimination prohibited 28B.04.120 Dog guides and service animals, human rights commission duties 49.60.390 Education, discrimination prohibited 28A.400.310, Const. Art. 9 § 1 Employment age 49.44.090 employers 49.60.180 employment agencies 49.60.200 labor unions 49.60.190 law against discrimination applicable to school districts’ employment policy 28A.400.310 state employment application, disclosure of race or religion prohibited upon, penalty 43.01.100 unfair practices 49.60.180 women and minors, See LABOR, subtitle Women and minors Financial institutions, unfair practices 49.60.175 First class cities (over 125,000) administrative and judicial remedies, authorized 49.60.330 Freedom from, rights enumerated 49.60.030 Gas, electrical, and water companies, rates and charges 80.28.100 Gender malicious harassment 9A.36.078, 9A.36.080 Handicapped, disabled persons health care insurance, discrimination prohibited 48.44.220 insurance benefits, discrimination prohibited 48.30.300 malicious harassment 9A.36.080 public employment, discrimination prohibited 70.84.080 Health care coverage 48.44.220 Health maintenance organizations may not deny coverage based on handicaps 48.46.370 Hepatitis C, unfair practices 49.60.174 Human rights commission advisory agencies or councils 49.60.130 appeal, damages for unfair practices involving real property 49.60.225 compensation and travel expenses 49.60.070 complaint procedure 49.60.230, 49.60.240 hearing, order 49.60.250 creation, members’ appointment, approval 49.60.050 damages, unfair practices involving real property 49.60.225 damages for humiliation and mental suffering, limits 49.60.250 designation 49.60.051 hearings 49.60.140 interference with 49.60.310 membership 49.60.060 offices to be in Olympia 49.60.090 orders appeals from 49.60.270, 49.60.280 court enforcement 49.60.260 resistance to 49.60.310 state or political subdivisions action of governor 49.60.320 policy 49.60.110 policy of state 49.60.010 powers and duties 49.60.120 real property, damages for unfair practices involving 49.60.225 (2008 Ed.) DISPUTE RESOLUTION CENTERS reports 49.60.100 seal 49.60.080 witnesses before 49.60.140, 49.60.150, 49.60.160, 49.60.170 Industrial insurance, medical aid 51.04.030 Insurance cancellation or imposition of restriction based on handicap, notice 48.30.320 discrimination because of sex, marital status, sensory, mental or physical handicap, prohibited 48.30.300 domestic violence victims, discrimination against prohibited 48.18.550 employment driving record, consideration of 48.30.310 policies, prohibition against 48.18.480 prohibited practices 48.30.020 rating organizations 48.19.140 transactions unfair practices 49.60.178 Interlocal cooperation to prevent duplication of similar complaints 49.60.226 Juvenile offenders disparity in disposition of cases 13.40.430 Labor, generally Ch. 49.60 Leases, unfair practices enumerated 49.60.222 Malicious harassment civil action, actual and punitive damages 9A.36.083 information repository reporting and dissemination 36.28A.030 legislative finding 9A.36.078 race, color, religion, ancestry, national origin, gender, sexual orientation, mental, physical, or sensory handicap 9A.36.080 Math, engineering, and science achievement program coordinator 28A.625.220, 28A.625.230 establishment at University of Washington, goals 28A.625.210 legislative findings and intent 28A.625.200 local program centers 28A.625.240 Medical care coverage 48.44.220 Militia members by clubs, associations, employers, or business organizations prohibited, penalty 38.40.110 Mortgages, unfair practices enumerated Ch. 49.60 Natural resources management policy of state, express domain 77.110.030 Nursing homes, medicaid recipients 74.42.055 Optometry 18.53.160 Optometry, discrimination against prohibited state agencies and subdivisions 18.53.170, 18.53.175, 18.53.180, 18.53.185, 18.53.190 Policy of state declared 49.60.010 Public places, accommodations, denial due to race, color, creed, penalty 9.91.010 Railroads, prohibited from favoring express company, telegraph company Const. Art. 12 § 19, Const. Art. 12 § 21 Real estate transactions civil action in lieu of hearing 49.60.340 temporary or preliminary relief 49.60.350 unfair practices 49.60.222 Remedies, pursuit of civil or criminal, effect 49.60.020 Restrictive covenants declaratory actions 49.60.227 prohibited, effect 49.60.224 real property, prohibited 49.60.224 Schools, prohibited Const. Art. 9 § 1 Sex marital status, sensory, mental or physical handicap, insurance benefits, discrimination, prohibited 48.30.300 parental leave, men and women to be granted leave on equal terms 49.12.360 wages 49.12.175 Sexual orientation malicious harassment 9A.36.078, 9A.36.080 Sheriff’s office employees, discrimination prohibited 41.14.180 (2008 Ed.) Telecommunications companies message from other companies 80.36.200 must receive and transmit messages for any person 80.36.220 rates and charges 80.36.180 Telegraph companies must receive and transmit messages for any person Const. Art. 12 § 19 Traffic enforcement routine stops, collection of information on racial profiling 43.43.480, 43.43.490 Treaties, denial of rights based on, declaration of policy 77.110.040 Unfair practices aiding violations 49.60.220 blockbusting 49.60.223 credit transactions 49.60.176 damages when involving real property 49.60.225 employers 49.60.180 employment agencies 49.60.200 financial institutions 49.60.175 inducing sales on grounds of race, disability, sex, or families with children entry into neighborhood 49.60.223 insurance transactions 49.60.178 labor unions 49.60.190 persons opposing unfair practices, discrimination against 49.60.210 public places 49.60.215 real estate rights, coercion or threats regarding 49.60.2235 real estate transactions civil action in lieu of hearing 49.60.340 enumeration and exception 49.60.222 temporary or preliminary relief 49.60.350 real property, restrictive covenants 49.60.224 whistleblowers, retaliation against 49.60.210 civil penalty for retaliator 49.60.250 letter of reprimand for retaliator’s personnel file 49.60.250 Whistleblowers retaliation against civil penalty for retaliator 49.60.250 letter of reprimand for retaliator’s personnel file 49.60.250 retaliation against is an unfair practice 49.60.210 Worker and community right to know discrimination statutes apply 49.70.110 DISEASES (See also QUARANTINE) AIDS, See AIDS Animals, See ANIMAL HEALTH Biomedical waste, See BIOMEDICAL WASTE Biomedical waste, see BIOMEDICAL WASTE 70.95K.005 Communicable disease prevention guidelines for corrections staff 72.09.251 Contagious crimes related to 70.05.120 exposure, willfully, penalty 70.54.050 reporting 70.05.090, 70.05.100, 70.05.110 who determines character of disease 70.05.110 Diseased forests and forest products, See FORESTS AND FOREST PRODUCTS, subtitle Diseases and insect pests Flu pandemic influenza preparedness Ch. 70.26 Food and beverage workers Ch. 69.06 Health departments, See CITIES AND TOWNS; COUNTIES, subtitle Health departments Horticultural pests and diseases, See HORTICULTURE Infectious good samaritans, free testing 70.05.180 Insurance, industrial life, preexisting disease 48.25.220 Jails communicable disease prevention guidelines 70.48.480 Schools, exclusion of persons having contagious or infectious diseases 28A.210.010 Sexually transmitted diseases, See SEXUALLY TRANSMITTED DISEASES Tuberculosis, See TUBERCULOSIS Vaccine repository, fee schedule 70.54.200 Venereal, See VENEREAL DISEASES DISINCORPORATION (See CITIES AND TOWNS, subtitle Disincorporation; CORPORATIONS, subtitle Dissolution) DISLOCATED WORKER (See WORK, subtitle Dislocated worker) DISMISSALS (See also NONSUITS) Attachment, dismissal prohibited, when 6.25.280 Consent, dismissal of action by 4.56.120 Costs, failure to give security for costs 4.84.230 Criminal actions discharge of defendant to give evidence for state 10.46.110 Defendants, dismissal for plaintiff’s failure to give security for costs 4.84.230 Defenses nonappearance of plaintiff 4.56.120 Diking districts, dismissal of proceedings tax to pay cost of 85.05.170 when 85.05.140 Effect as bar to another action 4.56.120 Failure of proof 4.56.150 Grounds for in superior court 4.56.120 Nonappearance at trial 4.56.120 Nonsuit judgments 4.56.120 Supplemental proceedings authorized, when 6.32.150 disposition of balance of money or property 6.32.110 DISORDERLY CONDUCT First class cities, providing for punishment 35.22.280 DISORGANIZATION (See DISSOLUTION) DISPENSARIES (See PHARMACIES AND PHARMACISTS) DISPLACED HOMEMAKER PROGRAM Acceptance and use of contributions qualifications 28B.04.110 Advisory committee 28B.04.085 Appropriation equal to additional marriage license fee 36.18.010 Clearing house for information and resources 28B.04.080 Consultation and cooperation with other agencies 28B.04.080 Contracting for specific programs 28B.04.060 Contracts, considerations when awarding 28B.04.090 Definitions 28B.04.030 Discrimination prohibited 28B.04.120 Funding percentage by administering agencies 28B.04.100 Guidelines 28B.04.020 Multipurpose service centers contracts for 28B.04.040 displace homemakers as staff 28B.04.050 funds for 28B.04.040 referral to services by 28B.04.050 rules embodying standards for 28B.04.040 Purpose 28B.04.020 DISPOSITION REPORTS (See PROSECUTING ATTORNEYS) DISPUTE RESOLUTION CENTERS Agreements admissible as evidence in any judicial or administrative proceeding 7.75.040 method by which issues will be resolved 7.75.040 revocation of consent prior to reaching written resolution 7.75.060 settlements of issues and future responsibility 7.75.040 Alternative to judicial setting 7.75.010 [RCW Index—page 235] DISPUTES Applicability of chapter 7.75.090 Board of directors liability 7.75.100 Confidentiality of files exception 7.75.050 privileged communications 7.75.050 Creation of 7.75.020, 7.75.090 Expenses 7.75.070 Fees, without charge or based on ability to pay 7.75.030 Funding 7.75.070 Legislative findings and intent 7.75.010 Liability board of directors 7.75.100 Operation of plan established prior to operation 7.75.020 who may operate 7.75.020, 7.75.090 Plan established prior to operation 7.75.020 Privileged communications 7.75.050 Revocation of consent 7.75.060 Statute of limitations tolled until process concluded 7.75.080 Surcharge on filing fees in district court and small claims actions imposition by county legislative authority to fund 7.75.035 DISPUTES Estates and trusts, dispute resolution procedures Ch. 11.96A Interagency disputes, See STATE DEPARTMENTS AND AGENCIES, subtitle Interagency disputes DISQUALIFICATION Conviction of bribery or corrupt solicitation disqualifies from holding public office Const. Art. 2 § 30 Elections, conviction of subversive activities 9.81.040 Executors and administrators, effect on 11.36.010 Impeachment Const. Art. 5 § 2 Judicial officers 2.28.030 Personal representatives, effect on 11.36.010 Superior courts grounds 4.12.030 grounds for change of venue 4.12.030 DISSOLUTION Bridge districts Ch. 53.48 Cemetery districts Ch. 53.48 Corporations nonprofit corporations generally 24.03.220, 24.03.225, 24.03.230, 24.03.235, 24.03.240, 24.03.245, 24.03.250, 24.03.255, 24.03.260, 24.03.265, 24.03.270, 24.03.290, 24.03.295, 24.03.300 petitions for, court commissioners’ power to hear and determine 2.24.040 Corporations, See also CORPORATIONS, subtitle Dissolution Districts, generally Ch. 53.48 Ferry districts, generally Ch. 53.48 Fire protection districts generally Ch. 53.48 Flood control districts Ch. 53.48, 86.09.622, 86.09.625 Irrigation districts, See IRRIGATION DISTRICTS, subtitle Dissolution Joint operating agencies 43.52.360 Libraries, disposition of property and books 27.12.320 Metropolitan park districts, generally Ch. 53.48 Park and recreation districts 36.69.310 Partnerships, See PARTNERSHIPS, subtitle Dissolution Port districts, generally Ch. 53.48 Public corporations, performing and fine arts programs, federal grants 35.21.750 DISSOLUTION OF MARRIAGE Actions 26.09.010 Affidavits [RCW Index—page 236] custody modification 26.09.270 temporary custody 26.09.270 temporary orders 26.09.060 Alimony, See DISSOLUTION OF MARRIAGE, subtitle Spousal maintenance Annulment of marriage jurisdiction of superior courts over 2.08.010, Const. Art. 4§6 Answer 26.09.010 Appointment of attorney 26.09.110 Assets nonprobate assets on dissolution or invalidation of marriage 11.07.010 Bigamy 26.09.040 Child custody advice of professional personnel 26.09.210 child custody jurisdiction act Ch. 26.27 dissolution 26.09.050, 26.09.060 interview with child by court 26.09.210 invalidity 26.09.040, 26.09.050, 26.09.060 investigation and report 26.09.220 mediation proceedings 26.09.015, 26.09.016 modification 26.09.260 separation contract 26.09.040 supporting affidavit 26.09.270 venue 26.09.280 modification or enforcement, venue 26.09.280 multistate proceedings Ch. 26.27 parental relocation, notice requirements and standards 26.09.405, 26.09.410, 26.09.420, 26.09.430, 26.09.440, 26.09.450, 26.09.460, 26.09.470, 26.09.480, 26.09.490, 26.09.500, 26.09.510, 26.09.520, 26.09.530, 26.09.540, 26.09.550, 26.09.560 residential time summary report 26.09.231, 26.18.230 separation 26.09.050, 26.09.060 separation contract 26.09.070 temporary custody order supporting affidavit 26.09.270 venue for modification or enforcement 26.09.280 visitation rights, grandparents and other persons 26.09.240 Child support appearance by attorney general or prosecuting attorney for department of social and health services 74.20.220 application by attorney general or prosecuting attorney for show cause order to provide support 74.20.220 apportionment of expense 26.09.100 authority 26.09.100 dissolution 26.09.050, 26.09.060 invalidity 26.09.040, 26.09.050, 26.09.060 marital misconduct 26.09.100 modification, termination 26.09.170 modification or enforcement, venue 26.09.280 relevant factor 26.09.100 separation 26.09.050, 26.09.060 separation contract 26.09.070 support schedule 26.19.020 Children consent for psychiatric care 26.09.220 education, joint liability 26.16.205 guardian ad litem, appointment 26.09.220 legitimacy 26.09.040 molesting, temporary orders 26.09.160 parenting plan Ch. 26.09 as petitioners 26.09.040 removal from jurisdiction, temporary orders regarding 26.09.060 Civil procedures 26.09.010 Clerk of court, payments to 26.09.120 Coercion 26.09.030 Cohabitation 26.09.040 Consanguinity 26.09.040 Counseling service 26.09.030 Court orders required warning, orders containing parenting plan provisions, contempt orders 26.09.165 Court proceedings 26.09.030 Custody proceeding 26.09.010 evidence 26.09.210 guardian ad litem, appointment 26.09.220 intervention 26.09.280 interviewing child 26.09.210 investigation reports 26.09.220 venue 26.09.080, 26.09.280 Custody proceedings, See also DISSOLUTION OF MARRIAGE, subtitle Child custody Decree appeals 26.09.150 conditions 26.09.030 entry 26.09.030 finality 26.09.150 governance of proceedings 26.09.010 modification 26.09.070, 26.09.280 separation contract 26.09.070 validity of marriage 26.09.040 Delinquent support payments under temporary order effect of final decree 26.09.060 Department of social and health services, payments to 26.09.120 Dependent children, guardian ad litem 26.09.110 Designation of proceedings 26.09.010 Diagnosis, requests for 26.09.220 Dismissals 26.09.030 Disobedience of decree or order 26.09.160 Disposition of property and liabilities 26.09.080 Divided benefits, mandatory assignment spousal maintenance decrees and orders 26.09.138 Divorce legislature not to grant Const. Art. 2 § 24 pending actions conversion to dissolution action 26.09.900 conversion to dissolution proceedings 26.09.901 Duress 26.09.040 Enforcement venue 26.09.280 Evidence 26.09.220 Failure to comply with decree or order, obligation to make payment or permit visitation 26.09.160 Family courts 26.09.030 Family home 26.09.060, 26.09.080 Family law handbook 2.56.180 Final decree nunc pro tunc 26.09.290 Finality of decree 26.09.150 Findings coercion 26.09.030 custody modification 26.09.270 fraud 26.09.030 irreparable injury for temporary restraining order 26.09.060 marriage irretrievably broken 26.09.030 temporary custody, adequate cause 26.09.270 visitation endangering child 26.09.240 Foreign marriage 26.09.040 Forma pauperis, guardian ad litem 26.09.110 Forms mandatory use of standard forms and format rules 26.18.220 Fraud 26.09.040 Guardian ad litem allowance for fees, litigation costs 26.09.110 Indigency, guardian ad litem 26.09.110 Interpretive, literacy, and other services 26.09.013 Judgment 26.09.010 reopening 26.09.170 venue 26.09.280 Jurisdiction acts submitting person to state jurisdiction 4.28.185 Jurisdiction of superior courts 2.08.010, Const. Art. 4 § 6 Juvenile courts, referrals to for advice 26.09.210 Legal aid, civil task force 2.53.040 Legal separation in lieu of dissolution 26.09.030 (2008 Ed.) DISTRICT COURTS Legislature not to grant Const. Art. 2 § 24 Legitimacy 26.09.040 Liability disposition dissolution 26.09.050, 26.09.060 invalidity 26.09.050, 26.09.060 marital misconduct 26.09.080 separation 26.09.050, 26.09.060 Literacy assistance and other services 26.09.013 Litigation costs 26.09.140 Maintenance mandatory arbitration may be authorized 7.06.020 Maintenance of spouse employee benefit plans subject to domestic relations orders 6.15.020 mandatory arbitration may be authorized 7.06.020 uniform interstate family support act Ch. 26.21A Maintenance of spouse, See also DISSOLUTION OF MARRIAGE, subtitle Spousal maintenance Marital misconduct not relevant 26.09.080 spousal maintenance 26.09.090 support 26.09.100 Marital status 26.09.010 Marriage bigamous 26.09.040 irretrievably broken 26.09.030 Mediation proceedings 26.09.015, 26.09.016 Mental incapacity 26.09.040 Modification 26.09.070 change of circumstances 26.09.170 venue 26.09.280 Motions custody modification 26.09.270 payment methods 26.09.120 temporary custody 26.09.270 temporary orders 26.09.060 for validity 26.09.040 Name change 26.09.150 Obligations separation contract 26.09.070 Parenting plan Ch. 26.09 Parties armed forces member 26.09.030 residence 26.09.030 Payments costs, attorneys’ fees, and disbursements 26.09.140 litigation costs 26.09.140 methods 26.09.120 termination death 26.09.170 remarriage 26.09.170 visitation 26.09.160 Petition contents 26.09.020 fraudulent inducement 26.09.030 joinder by spouse 26.09.030 Pleading petition 26.09.010 response 26.09.010 show cause 26.09.270 temporary restraining order 26.09.060 Preliminary injunction effect, scope, termination 26.09.060 Procedure 26.09.010, 26.09.030 Proceedings, civil practice to govern 26.09.010 Professional service, referrals to juvenile court 26.09.210 Property disposition 26.09.040 dissolution 26.09.050, 26.09.060 by duress 26.09.080 generally 26.09.060 invalidity 26.09.050, 26.09.060 marital misconduct 26.09.080 modification 26.09.170 separation 26.09.050, 26.09.060 Psychiatric information, request 26.09.220 Reconciliation 26.09.030 Recording 26.09.070 (2008 Ed.) Respondent dissolution actions 26.09.030 invalidity actions 26.09.040 service of summons 26.09.030 Response 26.09.010 Restraining orders issuance of order in dissolution decree, procedure 26.09.050, 26.09.060 noncompliance 26.09.300 Separation contracts contents, enforcement, contempt 26.09.070 termination of payment 26.09.170 Service of process by publication, right to appear, defend or reopen 4.28.100, 4.28.200 Services to parties in dissolutions and legal separations 26.09.013, 26.12.260 Show cause 26.09.270 Spousal maintenance 26.09.060 authority of court 26.09.090 consideration 26.09.090 dissolution 26.09.050, 26.09.060 divided benefits, mandatory assignment 26.09.138 enforcement application of chapter 26.18.030 commencement of proceedings, jurisdiction 26.18.040 contempt action 26.18.050 definitions 26.18.020 mandatory wage assignment bond or other security 26.18.150 employer’s answer, duties, and liability 26.18.110 employer’s answer, form 26.18.120 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 order and disbursement 26.18.090 petition or motion 26.18.070 prevailing party, costs and fees 26.18.160 financial resources 26.09.090 health insurance coverage 26.18.170 invalidity 26.09.040, 26.09.050 marital misconduct 26.09.090 modification, termination 26.09.170 obligations clerk of court, duties 26.09.120 court order, to whom paid 26.09.120 enforcement application of chapter 26.18.030 commencement of proceedings, jurisdiction 26.18.040 contempt action 26.18.050 definitions 26.18.020 mandatory wage assignment order and disbursement 26.18.090 petition or motion 26.18.070 payments bad checks, clerk to accept only cash or certified funds 26.09.120 separation 26.09.050, 26.09.060 temporary 26.09.060 uniform interstate family support act Ch. 26.21A venue 26.09.280 Stepchildren, education, joint liability, liability after divorce 26.16.205 Summons 26.09.030 Temporary maintenance or support 26.09.060 Temporary restraining order or preliminary injunction 26.09.060 Termination of child support 26.09.170 spousal maintenance 26.09.170 Time limits 26.09.030 conversion of separation to dissolution 26.09.150 Transfer to family court 26.09.030 Transmittal of certificate to state registrar of vital statistics 26.09.150 Trial, jury dispensed with 26.09.010 Validity of marriage decree effect 26.09.010 procedure 26.09.040 venue 26.09.280 Venue 26.09.010, 26.09.280 Visitation dissolution 26.09.050 interview of child 26.09.210 invalidity action 26.09.040 modification 26.09.240 rights of person other than parent 26.09.240 separation 26.09.050 separation contract 26.09.070 terms with payments 26.09.160 DISTANCE EDUCATION (See EDUCATION) DISTILLERIES Licenses 66.24.140 Liquor warehouse receipts, fraud concerning, penalty 9.45.160, 9.45.170 Monthly reports 66.28.060 DISTRAINT Answer in action to recover property distrained 4.36.140 DISTRESSED AREAS (See also RURAL NATURAL RESOURCES IMPACT AREAS) Community economic revitalization board Ch. 43.160 Community empowerment zones Ch. 82.60 Distressed county assistance account 82.14.380 Forest products workers, dislocated higher education program for, tuition and fee waiver 28B.50.259 Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Military impacted area, governor authorized to declare 43.06.115 Rural Washington loan fund Ch. 43.168 Tax deferral program for investment projects Ch. 82.60 Youth employment, service corps 50.65.138 DISTRIBUTORS Tax imposed 82.04.270, 82.04.440 DISTRICT AND MUNICIPAL COURT JUDGES’ ASSOCIATION District court districting committee, duties 3.38.010 District court rules, recommendations 10.04.800 Membership, meetings, and duties Ch. 3.70 DISTRICT COURT JUDGES Magistrates, are 2.20.020 DISTRICT COURTS (See also COURTS OF LIMITED JURISDICTION; JUSTICE AND INFERIOR COURTS; JUSTICE COURTS; JUSTICES OF THE PEACE) Actions, damages, five thousand dollars of less, attorneys’ fees as costs 4.84.300 Administrator for the courts application of 2.56.080 Advertising authority to solemnize marriages, prohibited 3.66.110 Appeals 10.10.010 Appeals from civil actions costs 4.84.130 Appeals pending from former courts not affected by justice and inferior courts act of 1961 3.74.900 Arrest authority of judges 10.04.020 Assessment of punishment by district judge 3.66.065 Attorney may act as judge 2.28.040 Bail 10.04.040 Bail for traffic violations, posting and forfeiture procedure 3.30.090 Bill of exception procedure inapplicable to 4.80.140 Civil jurisdiction 3.66.020 Clerk of the district court, bond 3.34.090 [RCW Index—page 237] DISTRICT COURTS Clerks compensation 3.54.010 deputy clerks compensation 3.54.010, 3.58.030 powers and duties 3.54.020 recordkeeping requirements 3.30.070 Coroners acting as judge 36.24.160 Costs appeals to superior courts 4.84.130 disposition and interest 3.62.040 Costs of defense at public expense, determination of 3.62.050 Counties, motor vehicle violations, venue in district court 46.52.100 County trial court improvement account 3.58.060 Courtrooms and office space costs, determination of 3.62.050 furnishing of 3.58.050 lease or construction of courtrooms and offices, authority of county legislative authority 3.58.050 location limitation 3.38.022 Criminal cases code cities agreement with county to handle cases, arbitration 35A.11.200 municipalities agreement with county to handle, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Criminal procedure district judge and not jury to assess punishment 3.66.065 fines and costs, judgment for 10.04.110 jury demand for 10.04.050 plea of guilty 10.04.070 punishment not adequate, ordering defendant to appear in superior court 10.04.100 Damage actions, five thousand dollars of less, attorneys’ fees as costs 4.84.300 Deferred sentencing 3.66.067, 3.66.068, 3.66.069 Definitions 3.30.010 Departments, created by districting plan 3.30.050 District court commissioners appointment 3.42.010 bond 3.34.090 compensation 3.42.040 oath of office 3.34.080 powers, limitations 3.42.020 qualifications 3.42.010 salary 3.58.030 term of office 3.42.010 travel expenses 3.58.040 District court districts boundaries 3.38.050 districting committee duties 3.38.020 districting plan 3.38.020 adoption procedure 3.38.030 amendments to 3.38.040 date for ending terms of incumbents to be set 3.38.031 effective date 3.38.040 interim judges to be appointed 3.38.031 office and courtrooms of more than one district in same building, may provide 3.38.022 transitional provisions 3.38.031 establishment standards 3.38.050 joint districts 3.38.060 District court income remittance 3.62.050 remittance to appropriate city treasurers 3.62.050 remittance to state general fund 3.62.050 District court judge full time salaries and expenses 3.58.010 [RCW Index—page 238] District court personnel, errors and omissions insurance expense reimbursable to county 3.34.090 District judge bond 3.34.090 disqualification partners of 3.34.120 election joint districts 3.38.060 procedure 3.34.050 exchange of judge 3.34.140 full time ineligible for any other office or public employment than judicial 3.74.020 ineligible for other employment or office if full time 3.74.020 mandatory retirement age 3.74.030 oath of office 3.34.080 presiding judge, selection and duties 3.34.150 remuneration 3.34.100 retirement, mandatory retirement age 3.74.030 salary 3.58.030 salary reductions for absences, exceptions 3.34.130 state retirement system, member of 3.74.010 term of office 3.34.070 travel expenses 3.58.040 vacancies in office 3.34.100 District judge pro tempore bond 3.34.090 designation 3.34.130 oath of office 3.34.080 salary 3.58.030 travel expenses 3.58.040 District judicial officers disqualification 3.34.110 Electoral districts single districts with multiple locations definitions 3.38.080 establishment 3.38.070 subcounty local districts definitions 3.38.080 establishment 3.38.070 Enhanced enforcement district assignment of visiting judges to 2.56.110 Equity jurisdiction Const. Art. 4 § 6 Exception procedure inapplicable to 4.80.140 Expenses of court charges against governmental unit funds 3.62.050 county current expense fund 3.62.050 determination of expenses 3.62.050 how paid 3.62.050 quarterly disbursements to pay 3.62.050 Fees conviction or plea of guilty 3.62.085 disposition and interest 3.62.020 fees allowed as court costs 3.62.065 fees for services 3.62.060 filing fees 3.62.060, 3.62.070 Filing fees civil cases 3.62.060 criminal cases 3.62.070 establishment of fees to be paid by city 3.62.070 surcharge to fund dispute resolution centers imposition by county legislative authority 7.75.035 traffic infractions 3.62.070 Fines disposition and interest 3.62.020, 3.62.040 suspension of, when 3.62.010 Fines, penalties, forfeitures, and costs collected by district courts disposition 10.82.070 Forfeitures disposition and interest 3.62.020, 3.62.040 Forms for criminal actions, recommendations 10.04.800 Garnishment actions and proceedings 6.27.030 writs of garnishment form 6.27.100 Judges additional positions, approval by county legislative authority required 3.34.025 designation of justices of the peace as district judges 3.30.030 eligibility to hold office 3.34.060 full time designation as 3.34.040 duties, practice of law prohibited 3.34.040 number determination by weighted caseload analysis 3.34.020 number per county 3.34.010 part time duties 3.34.040 salaries and wages 3.58.020 pro tempore appointments 3.02.060 qualifications 3.34.060 Judgments certified transcripts of entry in execution docket by clerk 4.64.120 indexing of by clerk 4.64.120 transcript of docket to contain copy of judgment 4.64.110 Jurisdiction certiorari 7.16.040 civil 3.66.020 civil process 3.66.100 criminal 3.66.060 criminal process 3.66.100 equity jurisdiction Const. Art. 4 § 6 generally 3.66.010 harassment actions, transfer to superior court allowed, conditions 10.14.150 ne exeat 7.44.060 public nuisance abatement, transfer of proceedings to superior court 9.66.040 territorial 3.66.100 writ of prohibition, jurisdiction prohibited 7.16.300 Jury trial demand for criminal proceedings 10.04.050 Mandamus, jurisdiction to issue 7.16.160 Marriages, advertising prohibited 3.66.110 Membership, meetings, and duties Ch. 3.70 Motor vehicle violations, venue 46.52.100 Municipal courts concurrent jurisdiction 35.20.250 Municipal departments alternate provisions conviction imprisonment for fine and costs 3.50.300 in existence prior to July 1, 2008 3.46.015 termination agreement with county to handle criminal cases, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Name change orders filing and recording 36.22.200 Name changes 4.24.130 Ne exeat, jurisdiction 7.44.060 Offender supervision by another state 3.66.140 Penalties suspension of, when 3.62.010 Powers 3.66.010 Probation and parole services costs, determination of 3.62.050 Probation termination 3.66.069 Process, territorial jurisdiction to issue 3.66.100 Promotion of efficiency to minimize costs to cities that use the district courts cities and courts to cooperate to minimize costs 3.62.100 Public defense costs of, when paid by city 3.62.070 determination of costs of 3.62.050 Public safety and education assessment 3.62.090 Record of traffic charges, judge to keep 46.52.100 Recordkeeping requirements 3.30.070 Reference to (2008 Ed.) DISTRICT JUDGES justices courts or justice of the peace courts in other titles construed as meaning district courts 3.30.015 justices of the peace in other titles construed as meaning district judges 3.30.015 Rules district and municipal court judges’ association recommendations 10.04.800 power of district court to adopt, restriction 3.30.080 procedural rules in conflict with rules of supreme court of no effect 3.30.080 supreme court may adopt 3.30.080 Rules of pleading, practice, and procedure authority to supreme court to promulgate 2.04.190 Salaries and expenses clerks 3.54.010, 3.58.030 court commissioners 3.58.030 court expenses 3.58.050 deputy clerks 3.54.010 full time district court judge 3.58.010 judges 3.58.030 judges pro tempore 3.58.030 part time district judge 3.58.020 payment of 3.58.030 travel expenses 3.58.040 Seal 3.54.030 Sentences, suspension of fines or penalties 3.62.010 deferral of sentence authority 3.66.067 continuing jurisdiction, term 3.66.068 limitation on time of deferral 3.66.067 revocation of deferred or suspended sentence, limitation on new sentence 3.66.069 Sessions, times and places 3.30.040 Small claims appeals, authorization and procedure Ch. 12.36 attorney, self-representation without 2.48.190 department organization and operation Ch. 12.40 filing fees, surcharge to fund dispute resolution centers imposition by county legislative authority 7.75.035 self-representation 2.48.190 Stay of execution 10.04.120 Subcounty local districts definitions 3.38.080 establishment 3.38.070 Superior court appellate power over 2.08.020 Theatrical enterprises wages cash deposit or bond required action against 49.38.040 Traffic violations bureau bail city general fund, when paid into 3.30.090 county current expense fund, when paid into 3.30.090 posting and forfeiture of procedure 3.30.090 receipt for payment of 3.30.090 employees to be under civil service 3.30.090 establishment 3.30.090 offenses processed by 3.30.090 Transcript of docket of, contents 4.64.110 Travel expenses court commissioners 3.58.040 court employees 3.58.040 district judges 3.58.040 judges pro tempore 3.58.040 Venue change of 3.66.090 civil actions 3.66.040 transfer to proper district 3.66.050 criminal actions 3.66.070 removal to proper district 3.66.080 motor vehicle violations 46.52.100 Witnesses compelling attendance 12.16.015 (2008 Ed.) Youth courts Ch. 3.72 DISTRICT JUDGES Allegations uncontroverted, effect 12.08.080 Answers, requisites of 12.08.020 Appearances, time for 12.04.160 Attachments form 12.04.205, 12.04.207 service of writ 12.04.050 Barratry, by 9.12.020 Civil actions commencement of, how 12.04.010 appearance and agreement, by 12.04.010 complaint and notice, by 12.04.010, 12.04.030 debt, action to recover 12.04.020 service of summons, by 12.04.010 forms 12.04.200 Complaint and notice commencement of action by 12.04.010, 12.04.030 filing of 12.04.030 form of 12.04.030 service of 12.04.040, 12.04.050, 12.04.080 Continuances amended pleading causing, effect 12.08.110 practice in superior court applies to 12.12.010 testimony, continuance to procure 12.12.010 Costs amendment of pleading, payment of costs to adverse party 12.08.110 bond in lieu of security, recovery on 12.04.180 continuance to procure testimony, cost to party applying for 12.12.010 deposit in court made and rejected by plaintiff 12.20.040 garnishment plaintiff, security required by 12.04.170 nonresidents, security required by 12.04.170 prevailing party entitled to 12.20.060 tender made by defendant of amount owed, effect 12.20.040 Debt, action to recover filing of claim 12.04.020 summons contents 12.04.020 issuance, form 12.04.020 service of 12.04.020 Dismissal of action without prejudice, failure of plaintiff to appear 12.20.010 venue wrong 12.20.010 Eligibility to hold office 3.34.060 Exchange of judge 3.34.140 Executions form of 12.04.203 service of writ 12.04.050 Fees attorneys, prevailing party entitled to 12.20.060 prevailing party entitled to 12.20.060 remittance 3.62.050 salaried justices remittance 3.62.050 service of process, fees indorsed on return 12.04.070 suspense fund 3.62.050 Forms attachments 12.04.205, 12.04.207 civil procedure 12.04.200 Garnishment plaintiff, security required by 12.04.170 Infant parties before guardian ad litem, appointment for minor defendant 12.04.150 guardian or next friend of plaintiff, appointment of 12.04.140 Judgments default failure of defendant to appear and plead as grounds for 12.20.020 relief or scope of judgment 12.20.020 setting aside of default judgment, procedure 12.20.020 vacation of default judgment, procedure 12.20.020 dismissal of action without prejudice failure of plaintiff to appear 12.20.010 venue wrong 12.20.010 entry of, time of 12.20.030 against party refusing to testify 12.16.080 party refusing to testify, against 12.16.080 small claims nonpayment, procedure 12.40.110 payment of immediately 12.40.100 Jurisdiction acquired, when 12.04.130 municipal courts, effect upon 35.20.910 small claims department 12.40.010 Jury trial demand for 12.12.030 fee 12.12.030 number of jurors 12.12.030 oath of jurors 12.12.070 qualifications of jurors 12.12.030 Jury trials discharge upon disagreement 12.12.090 Minors before guardian ad litem, appointment for minor defendant 12.04.150 guardian or next friend of plaintiff, appointment of 12.04.140 Motor vehicle law concurrent jurisdiction 46.08.190 Municipal courts limitation of jurisdiction, effect as 35.20.910 Pleadings, civil actions accounts, how pleaded 12.08.060 allegations uncontroverted, effect 12.08.080 amendments to 12.08.090, 12.08.110 answer, requisites of 12.08.020 appearance of parties, pleadings take place upon 12.08.010 complaint, requisites of 12.08.020 continuance due to amendment of pleading 12.08.110 denial on knowledge or information, effect 12.08.050 docketing of 12.08.040 filing of 12.08.040 instruments, how pleaded 12.08.060 objections to 12.08.090 oral or written 12.08.030 reply to setoff 12.08.020 setoffs how pleaded 12.08.120 small claims, informal 12.40.090 time when due 12.08.010 variances between pleading and proof 12.08.100 verification of 12.08.070 what constitutes 12.08.020 written or oral 12.08.030 Process constable’s duties 12.04.070 failure to execute process, civil penalty 12.04.190 return of 12.04.070 failure to make or false, civil penalty 12.04.190 service by 12.04.050, 12.04.060 sheriff’s duties 12.04.070 style of 12.04.050 subpoena, form of 12.04.201 Qualifications 3.34.060 Real property, title in dispute certification to superior court 12.20.070 docket entry 12.20.070 proceedings in superior court 12.20.070 transcript certified to superior court 12.20.070 Rendition of accused persons act designated agent must file certain documents with 10.91.010 impose conditions of release to assure appearance at hearing 10.91.020 [RCW Index—page 239] DISTRICTS order for return of accused person to demanding court, judge or magistrate, issued by 10.91.030 preliminary hearing upon arrest of accused person advise right to confront witnesses against him 10.91.020 advise right to counsel 10.91.020 advise right to produce evidence 10.91.020 may waive hearing and agree to be returned to demanding state 10.91.020 set time and place of hearing 10.91.020 warrant for arrest of accused person violating terms of release, issued by 10.91.010 Replevin chapter 7.64 RCW available to plaintiff 12.28.005 form 12.04.204, 12.04.206 pleading to setoff 12.08.020 service of writ 12.04.050 Salaries and expenses deputy clerks 3.58.030 Salary 3.58.030 Service of process and papers complaint and notice 12.04.040, 12.04.050 fees, indorsement on return 12.04.070 proof of service how made 12.04.090 publication, by 12.04.110 written admission, by 12.04.120 publication, by form of 12.04.100 how made 12.04.100 proof of service, how made 12.04.110 when proper 12.04.100 return of 12.04.070 false or failure, civil penalty 12.04.190 summons 12.04.020, 12.04.050 who may serve 12.04.060, 12.04.080 writ of attachment, service of 12.04.050 Setoffs greater than plaintiff’s demand and district court jurisdiction, effect 12.20.050 pleading of 12.08.120 reply to 12.08.020 Small claims appeals, authorization and procedure Ch. 12.36 appeals, restrictions and setting aside judgments 12.40.120 assignees, cannot be filed or prosecuted by 12.04.070 claims how commenced 12.40.020 notice of, service 12.40.040 requisites of claim 12.40.050 verification of 12.40.070 commencement of action in small claims department 12.40.020 department of small claims created 12.40.010 fees service of notice of claim 12.40.040 filing 12.40.030 filing fees 12.40.020 hearing, procedure informal 12.40.080 hearing and time of trial 12.40.030 informational brochure 12.40.800 judgments failure to pay increase of judgment 12.40.105 nonpayment, procedure 12.40.110 payment of immediately 12.40.100 payment plan may be ordered 12.40.100 jurisdiction of department 12.40.010 notices appearance, to direct or suffer default 12.40.060 requisites of notice 12.40.060 notices, service 12.40.040 pleadings, informal 12.40.090 removal of actions to superior court, conditions 12.40.027 requisites 12.40.050 [RCW Index—page 240] service fee, recovery of, or costs limited to statutory amount 12.40.045 transfer of actions to small claims department 12.40.025 verification of claims 12.40.070 Subpoena, form of 12.04.201 Summons contents 12.04.020 issuance, form 12.04.020 service of 12.04.020, 12.04.050, 12.04.080 Title to real property in dispute, certification of transcript to superior court 12.20.070 Traffic school of city or town and county, justice may compel attendance at 46.83.050 Travel expenses 3.58.040 Trial by court 12.12.020 Trial by judge 12.12.020 Undertaking to indemnify constable, form 12.04.208 Variances between pleading and proof 12.08.100 Verdicts, delivery to justice 12.12.080 Visiting judge expenses, reimbursement for 3.34.140 Witnesses compelling attendance attachment 12.16.030, 12.16.040 failure to attend, liability and damages 12.16.050 subpoenas, service, how and by whom served 12.16.020 failure to attend, liability for damages 12.16.050 fees, demandable in advance in civil actions 12.16.030, 12.16.050 mileage, demandable in advance in civil actions 12.16.030, 12.16.050 parties examination in own behalf 12.16.090 may be examined as witness 12.16.060 rebuttal of testimony 12.16.070 refusal to testify, procedure 12.16.080 subpoenas service, how and by whom served 12.16.020 DISTRICTS Air pollution control districts, See AIR POLLUTION CONTROL, subtitle Districts Assessments, See LOCAL IMPROVEMENTS AND ASSESSMENTS Bridge districts, See BRIDGE DISTRICTS Cemetery districts, See CEMETERIES, subtitle Districts County road districts, See COUNTY ROADS AND BRIDGES, subtitle County road districts County road improvement districts, See COUNTY ROADS AND BRIDGES, subtitle County road improvement districts Cultural arts, stadium and convention districts Ch. 67.38 Diking and drainage, See DIKING AND DRAINAGE Dissolution of inactive special purpose districts annual statements, annual filing, transmittal by county auditor to state auditor 36.96.090 county legislative authority, powers and duties 36.96.060 definitions 36.96.010 determination of inactive district, procedure 36.96.030 disposition of property 36.96.070 notice of apparent inactivity annually, county auditor 36.96.020 outstanding obligations, satisfaction of 36.96.080 writ of prohibition or mandamus procedure 36.96.050 written findings, required 36.96.040 Fire protection, See FIRE PROTECTION DISTRICTS Flood control, See FLOOD CONTROL, subtitle Districts—1937 act Health districts, See HEALTH AND SAFETY Hospitalization and medical aid for employees and dependents, contracts with health care service contractors authorized 41.04.180 Hospitalization and medical aid for officials and employees costs not additional compensation, payment of premiums 41.04.190 Hospitals, public, See HOSPITALS, subtitle Public hospital districts Industrial development, See PORT DISTRICTS, subtitle Industrial development districts Insurance and health care for employees and members of governing authority, participation in state program 41.04.205 Irrigation, See IRRIGATION DISTRICTS Library districts, See LIBRARIES Local government service agreements for services and facilities Ch. 36.115 Local improvement districts, See LOCAL IMPROVEMENT DISTRICTS Metropolitan park districts, See METROPOLITAN PARK DISTRICTS Mining districts, See MINES AND MINING Officers and employees direct deposit of salaries and wages 41.04.240 payroll deductions to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 Port district, See PORT DISTRICTS Public utility districts, See PUBLIC UTILITY DISTRICTS Quarantine, See QUARANTINE Rail districts, See COUNTY RAIL DISTRICTS Rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts River and harbor improvement districts, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Sanitary districts, See SANITARY DISTRICTS Service agreements for providing local government services and facilities Ch. 36.115 Sewer districts, See WATER-SEWER DISTRICTS Soil and water conservation districts, See CONSERVATION DISTRICTS Taxing, See TAXING DISTRICTS Transfer of property or contracts for use for park and recreational purposes 39.33.060 Tuberculosis districts, See COUNTIES, subtitle County hospitals Water districts, See WATER-SEWER DISTRICTS Weed districts, See WEEDS, subtitle Intercounty weed districts Whistleblower protection proceedings administrative law judge assignment of judge to conduct proceedings at request of local government 34.12.038 costs for proceedings, allocation of responsibility for 34.12.039 DITCHES (See CANALS, DITCHES, AND DRAINS) DIVIDENDS Banks declaration after presentment of claims when banks in possession of director 30.44.090 retained earnings, restricted to 30.04.180 stabilization act, payment of dividends restricted 30.56.070 suspension of payment by director of financial institutions, when 30.04.180 unclaimed after liquidation and winding up, disposition, escheat to state for permanent school fund after five years 30.44.150, 30.44.180 when may be declared 30.04.180 Cooperative associations, See COOPERATIVE ASSOCIATIONS, subtitle Dividends and distributions (2008 Ed.) DOMESTIC VIOLENCE Corporations, See CORPORATIONS, subtitle Dividends Fish marketing associations, form, amount of dividends 24.36.160 Insurance, See INSURANCE, subtitle Dividends Mutual savings banks, See MUTUAL SAVINGS BANKS, subtitle Dividends Trust companies, dividends unclaimed after liquidation and winding up, disposition 30.44.150, 30.44.180 Unclaimed property, abandonment, presumptions of banks dividends unclaimed after liquidation 30.44.150, 30.44.180 DIVORCE (See DISSOLUTION OF MARRIAGE) DMSO Prescription, administration, permitted 70.54.190 DNA IDENTIFICATION SYSTEM Collection of biological samples 43.43.754, 43.43.7541 Criminal street gang database 43.43.762 Data base account 43.43.7532 Data base and data bank 43.43.753 Death penalty or life imprisonment postconviction testing 10.73.170 Law enforcement agencies local systems, establishment and operation, conditions and limitations 43.43.758 Local systems, establishment and operation, conditions and limitations 43.43.758 Services available to law enforcement agencies 43.43.756 State patrol responsibilities 43.43.752 State patrol rulemaking authority 43.43.759 University of Washington school of medicine responsibilities 43.43.752 DOCK LINES Canals and waterways, lowland fill areas, powers of cities and towns 35.56.210 DOCKETS (See also REGISTRATION OF LAND TITLES, subtitle Land registration docket) District court transcript of, contents 4.64.110 District judges pleadings, docketing of 12.08.040 Entries criminal procedure 10.46.020 execution docket, See DOCKETS, subtitle Execution Execution abstract of verdict entries 4.64.100 abstract to another county 4.64.100 administrative letters entered in 6.17.030 assignment of judgment recorded in 6.17.030 certificate of lien cessation entry, effect 4.64.100 certified transcript of, execution against local governmental entity 6.17.080 entries in, contents 4.64.080 entry of certified abstracts of judgments by clerk 4.64.120 certified transcript of judgment of district 4.64.120 proof as legal representative for execution of judgments 6.17.030 proof of executor or administrator for execution of judgments 6.17.030 satisfaction of judgment for payment of money only 4.56.100 inspection of by public, when allowed 4.64.060 keeping of 4.64.060 location of 4.64.060 public record, as 4.64.060 verdicts entered in 4.64.020 Garnishment proceedings 6.27.070 Judgments (2008 Ed.) copy as evidence in redemption proceedings 6.23.080 execution docket, See DOCKETS, subtitle Execution Justices of the peace filing certified transcript of, judgment liens commenced on 4.56.200 Motions argument after docket date 4.44.020 entering trial date of issues of law 4.44.020 judicial sale entry 6.21.100 Superior courts, records to be kept 36.23.030 Trials entering trial date of issues of fact 4.44.020 preparation of docket entries, criminal procedure 10.46.020 priority for aged or ill parties in setting cases for trial 4.44.025 trial after docket date 4.44.020 DOCKS AND DOCKAGE (See WHARVES, DOCKS, AND LANDINGS) DOCTORS (See OSTEOPATHY; PHYSICIANS AND SURGEONS) DOCUMENTS (See RECORDS AND DOCUMENTS) DOGS Accelerant detection dogs immunity from liability for handler using dog in line of duty 4.24.410 Bait, use as training bait prohibited, seizure of animals 16.52.300 Cities and towns towns, licensing 35.27.370 unclassified cities, licensing 35.30.010 Control of pets infected with diseases communicable to humans Ch. 16.70 County license tax, See COUNTIES, subtitle Dogs, license tax Dangerous dogs certificate of registration, notification and appeal 16.08.080 confiscation 16.08.100 defenses 16.08.090 definitions 16.08.070 potentially dangerous dogs 16.08.090 restraint outside enclosure, requirements 16.08.090 violations, penalties 16.08.100 Deer and elk, dogs harassing, taking and destruction 77.12.315 Dog bites liability 16.08.040, 16.08.050 provocation as a defense 16.08.060 Dog control zones, establishment Ch. 16.10 Dog fighting, penalty 16.08.100 Dog guides or service animals, generally Ch. 70.84 Field trials, limitations 77.32.525, 77.32.540 Fire fighters notice 43.44.120 Firefighters notice 48.48.150 Greyhound racing prohibited 9.46.039 Guard animals registration 43.44.120, 48.48.150 Guide dogs or service animals crimes against 9.91.170 Killing or injuring domestic animals duty of owner to kill 16.08.030 Killing or injuring livestock killing of dog allowed 16.08.020 liability 16.08.010 License of unclassified cities 35.30.010 License tax counties, See COUNTIES, subtitle Dogs, license tax Licensing dog control zones Ch. 16.10 Marauding dogs duty of owner to kill 16.08.030 Police dogs immunity from liability for handler using dog in line of duty 4.24.410 Potentially dangerous dogs, regulation 16.08.090 Search and rescue theft of 9A.56.030 Search and rescue, interfering with 9.91.175 Taking, concealing, injuring, killing, etc., penalty 9.08.070 DOMESTIC CORPORATIONS (See CORPORATIONS) DOMESTIC PARTNERSHIPS Child custody, generally Ch. 26.10 Child support enforcement, generally Ch. 26.18 extension of rights and responsibilities 26.18.240 schedule, generally Ch. 26.19 Community property, property rights date of application 26.60.080 generally Ch. 26.16 Definitions 26.60.020, 26.60.025 Dissolution, generally Ch. 26.09 Family abandonment or nonsupport, generally Ch. 26.20 Legislative findings 26.60.010 Patient visitation 26.60.070 Registration 26.60.040 Registry, forms, rules secretary of state 43.07.400 Requirements 26.60.030 Subdivision of the state, partnerships created by 26.60.060 Termination 26.60.050, 26.60.055 DOMESTIC RELATIONS (See also GUARDIAN AND WARD; MARRIAGE; PARENT AND CHILD) Community property, See COMMUNITY PROPERTY Desertion and nonsupport, See DESERTION AND NONSUPPORT Domestic violence, official response, see DOMESTIC VIOLENCE DOMESTIC VIOLENCE (See also HARASSMENT) Abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 Appearance before a magistrate by defendant 10.99.045 deadly weapons surrender of 10.99.045 Arrests detention period 46.64.015 immunity for police officer 10.31.100 warrantless arrest, when authorized 10.31.100 Child custody and visitation issues jurisdiction 26.50.020 Child custody or residential placement, prerequisites for court before granting restraining order 26.50.135 Client records not subject to discovery, exceptions 70.123.075 Courts duties, requirements 10.99.040 Deadly weapons surrender of 10.99.040, 10.99.045 Definitions 10.99.020 Domestic violence education program for health care professionals 43.70.610 Electronic monitoring may be required as condition of release of defendant 10.99.040 Enforcement of orders restricting contact with victim 10.99.055 Fatality reviews, data collection and analysis Ch. 43.235 [RCW Index—page 241] DOMESTIC WASTE WATER TREATMENT PLANTS Firearms prohibition of future possession of weapon or license 9.41.800 surrender of weapon or license 9.41.800 Foreign protection order full faith and credit act Ch. 26.52 Forms, instructions, and informational brochures administrative office of the courts to prepare 26.50.035 availability from court clerks 26.50.030 Health professions education program for health care professionals 43.70.610 Hotline number to be given to victims 10.99.030 Insurance discrimination against victims prohibited 48.18.550 Interference with reporting a gross misdemeanor 9A.36.150 Interpreter, appointment and duties 26.50.055 Judgment, lien on real estate for costs and fees 26.50.200 Law enforcement officers liability for performance of duty 10.99.070 policy or violence committed by 10.99.090 training, duty, arrest powers, reports, transportation of victims, records 10.99.030 Leave from employment administrative findings, effect of 49.76.110 authority to adopt rules 49.76.150 definitions 49.76.020 enforcement 49.76.070, 49.76.080, 49.76.090, 49.76.100 legislative findings 49.76.010 notice 49.76.040, 49.76.130, 49.76.140 purpose 49.76.030 retaliation against employee 49.76.120 retention of pay or benefits 49.76.050 scope 49.76.060 Location of victim not to be disclosed 10.99.040 Marriage application and records disclosure 26.04.175 Murder abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 reduction in sentence, notice 72.02.270 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 No-contact order assault in violation of order, class C felony 10.99.050 enforcement 10.99.055 procedure 10.99.040 procedure for issuing and entering 10.99.045 sentence conditions 10.99.050 statewide notice 10.99.040 violation, penalties 10.99.040, 10.99.050 Notice of legal rights and remedies 10.99.030 Parenting plan designation of custodian for purposes of other statutes 26.50.220 Penalty assessment 10.99.080 Perpetrator programs standards 26.50.150 Prevention account 70.123.150 Prosecuting attorney, information to be furnished to the victim 10.99.060 Protection orders computer entry for statewide notice 26.09.060 foreign protection order full faith and credit act Ch. 26.52 harassment, civil proceeding 10.14.200 immunity for arresting officer 26.09.300 inform victim of rights 10.99.030 judicial information system, required contents of database 26.50.160, 26.50.165 notice 26.09.300 [RCW Index—page 242] procedures Ch. 26.50 temporary maintenance or support motions protection orders 26.09.060 vulnerable adults 26.50.021 Purpose, intent 10.99.010 Relief available, types 26.50.060, 26.50.070 Reporting, interference with reporting a gross misdemeanor 9A.36.150 Reporting of incidents requirements and procedures 10.99.030 Restraining orders issuance of order in dissolution decree, procedure 26.09.050, 26.09.060 violation arrest 10.31.100 Sentence restriction of defendant’s contact with victim 10.99.050 Shelter availability, inform victim 10.99.030 Shelters for victims of assistance payments to families in shelters 70.123.110 contract services, authorized 70.123.090 definitions 70.123.020 disclosure of recipient information 70.123.076 duties and responsibilities 70.123.070 expert services, nonprofit group programs 70.123.050 funding, sources 70.123.100 legislative findings 70.123.010 service denial or withdrawal, civil immunity 70.123.120 services to be provided, minimum standards 70.123.040 social and health services, department of consultation with experienced and expert persons and organizations 70.123.080 duties and responsibilities 70.123.030 Technical assistance grant program counties 70.123.140 local communities 70.123.130 Temporary protection order, ex parte 26.50.070 Victim convicted of murder of abuser reduction in sentence, notice 72.02.270 Victims address confidentiality program Ch. 40.24 landlord and tenant provisions 59.18.570, 59.18.575, 59.18.580, 59.18.585 leave from employment Ch. 49.76 notice of prosecution decision 10.99.060 Vulnerable adults protection orders 26.50.021 DOMESTIC WASTE WATER TREATMENT PLANTS (See WASTE TREATMENT PLANT OPERATORS) DONATION BINS Trash deposited in bin misdemeanor 9.91.130 DONATION CLAIMS (See also HOMESTEADS) Ejectment and quieting title actions 7.28.280 DONATIONS (See also CONTRIBUTIONS; GIFTS) Anatomical gifts 68.50.500 Benevolent societies, real property, marking on plat 58.08.015 Cities and towns authority to accept and use 35.21.100 use to finance pedestrian malls 35.71.060 Conveyances, donations marked on plat, quitclaim deed, effect 58.08.015 Food to needy persons liability Ch. 69.80 Judges’ retirement fund, to 2.12.050 Metropolitan park districts, public streets 35.61.290 Real property, marked on plat, effect 58.08.015 Trash deposited in donation bin, misdemeanor 9.91.130 DOORS Public buildings, swinging outward 70.54.070 DOUBLE INDEMNITY Life insurance 48.23.250 DOUBLE JEOPARDY (See BAR TO PROSECUTION) DOUGLAS COUNTY Boundaries, tracing of 36.04.090 Superior court judges, number of 2.08.062 DOWNTOWN AND NEIGHBORHOOD COMMERCIAL DISTRICTS (See CITIES AND TOWNS) DRAFT (See MILITIA AND MILITARY AFFAIRS, subtitle Enrollment) DRAINAGE DISTRICTS (See DIKING AND DRAINAGE, subtitle Drainage districts; SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES) DRAINS (See CANALS, DITCHES, AND DRAINS) DRAWBRIDGES (See BRIDGES) DRIVER LICENSE COMPACT Generally Ch. 46.21 DRIVERS’ LICENSES (See MOTOR VEHICLES, subtitle Drivers’ licenses) DRIVERS’ TRAINING (See MOTOR VEHICLES, subtitle Drivers’ training schools) DRIVEWAYS Cities and towns, construction, reconstruction and repair, generally Ch. 35.68 DRIVING UNDER THE INFLUENCE (See also DEFERRED PROSECUTION PROGRAM; MOTOR VEHICLES, subtitle Driving under the influence) Alcohol concentration, defined 46.04.015, 46.61.502 Alcohol information school attendance 46.61.5056 Alcohol or drug tests blood withdrawal, immunity from liability 46.61.508 implied consent 46.20.311, 46.20.3101 license sanctions 46.20.311, 46.20.3101 procedure 46.61.506 refusal to take 46.61.517 Arrest custody and removal of vehicle 46.55.113 Bicyclists 46.61.790 Blood tests implied consent 46.20.308 Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Breath tests implied consent 46.20.308 Counties minimum penalties 36.32.127 Criminal history and driving record, verification 46.61.513 Custody and removal of arrested driver’s vehicle 46.55.113 Defenses 46.61.502 Deferred prosecution program Ch. 10.05 Defined 46.61.502 Diagnostic evaluation and treatment for alcohol violators 46.61.5056 Driver under age twenty-one mandatory appearances 46.61.50571 Driver under twenty-one consuming alcohol, penalties 46.61.503 Driver’s license ignition interlock driver’s license 46.04.217, 46.20.385 probationary license 46.20.355 revocation for refusal to take breath or blood test 46.20.308 suspension or revocation 46.20.311 Driving record, abstract of access 46.52.130 (2008 Ed.) DRUGS recordkeeping requirements 46.52.100 Drugs 46.61.540 Emergency response caused by intoxication recovery of costs of emergency response costs from convicted person 38.52.430 Enhanced enforcement district judges, assignment of visiting judges to district 2.56.110 Evidence 46.61.502 Fees penalty schedule 46.61.5055 state toxicology laboratory and enforcement funding fee 46.61.5054 Felony alcohol violators treatment during incarceration 9.94A.603 Fresh pursuit, uniform act Ch. 10.89 Gross misdemeanor 46.61.502 Ignition interlocks, biological and technical devices 46.04.215, 46.20.710, 46.20.720, 46.20.740, 46.20.745, 46.20.750 Impaired driving safety account 46.68.260 Implied consent 46.20.308, 46.20.311, 46.20.3101 Negligent homicide by motor vehicle 46.61.540 Personal injury, contributory fault 5.40.060 Physical control of a vehicle under the influence 46.61.504 Record of traffic charges abstract of record 46.52.100 Removal of arrested driver’s vehicle 46.55.113 Seizure and forfeiture of vehicle 46.61.5058 transfer, sale, or encumbrance of vehicle a misdemeanor 46.12.270 Sentences attendance at program focusing on victims 46.61.5152 intermittent fulfillment 46.61.5151 Vehicular assault 46.61.522 Vehicular assault, homicide 7.68.020 Vehicular homicide 46.61.520 Venue enhanced enforcement districts 3.66.070 Wrongful death, contributory fault 5.40.060 DRIVING WHILE INTOXICATED (See DRIVING UNDER THE INFLUENCE) DROPOUTS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Educational centers) DROUGHT Drought preparedness account 43.83B.430 Ecology, department of emergency relief powers implementation orders, procedure 43.83B.405 legislative intent 43.83B.400 limitations on powers granted 43.83B.425 loans and grants, authority to make 43.83B.415 rule making authority 43.83B.420 withdrawals and diversions of water, temporary, authorization 43.83B.410 Flood control, permit processing, emergency water withdrawals and facilities, expedited 86.16.180 General provisions 43.83B.300 Joint select committee on water supply during drought created 90.86.010 meetings, requests for information 90.86.030 membership 90.86.020 Withdrawals and diversions of water, temporary, authorization by department of ecology 43.83B.410 DRUG AND ALCOHOL PROGRAMS (See ALCOHOLISM AND DRUG ADDICTION; DEFERRED PROSECUTION PROGRAM) DRUG COURTS Authorization 2.28.170, 2.28.190 DRUG PARAPHERNALIA Definitions 69.50.102 (2008 Ed.) Delivery or use prohibited, penalty 69.50.412 Seizure and forfeiture 69.50.505 Selling or giving prohibited, penalty 69.50.4121 DRUGGISTS (See PHARMACIES AND PHARMACISTS) DRUGLESS HEALING (See NATUROPATHY) DRUGS (See also PHARMACIES AND PHARMACISTS; PRESCRIPTIONS) Abatement order 7.43.080, 7.43.090 Abortion articles or drugs for, exposing for sale, penalty 9.68.030 Adulteration compendium standard, failure to comply 69.04.420 harmful substances 69.04.410 strength, purity, or quality below standard 69.04.430 substitution or admixture 69.04.440 Adulteration, penalty 18.64.270 Advertising, when deemed false 69.04.710, 69.04.720 AIDS counseling 70.24.095 AIDS testing and counseling 70.24.350 Anabolic steroids, See STEROIDS Androgens, See STEROIDS Antipsychotic medications mental illness 71.05.215 Antiseptic as germicide, determination 69.04.017 Arrests, possession of cannabis, when authorized 10.31.100 Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Buildings abatement order 7.43.080, 7.43.090 damages not precluded 7.43.130 forfeiture, proceeds 7.43.100 injunctions, drug nuisances Ch. 7.43 lien 7.43.120 moral nuisances 7.48.052 Buildings, use for unlawful drugs 69.53.010, 69.53.020, 69.53.030 Chemical dependency, See ALCOHOLISM AND DRUG ADDICTION Child abuse alcohol or controlled substances as contributing factor, evaluation of alleged perpetrator 26.44.170 Codeine controlled substances, uniform act Ch. 69.50 Colleges or universities liquor or illegal drug use, complaint procedures and sanctions 28B.10.575 Common carriers, inspection of records 69.04.810 Common name and ingredients, labeling requirements 69.04.490 Community-police partnership local law enforcement agencies encouraged to form in high crime areas 43.101.240 Condemnation 69.04.100, 69.04.150 Contaminated properties decontamination, disposal, or removal Ch. 64.44 Controlled substances administrative procedure, judicial review 69.50.507 analysis of controlled substance by state patrol crime laboratory analytical report is prima facie evidence 43.43.680 guilty person to pay crime laboratory analysis fee 43.43.690 subpoena of forensic scientist 43.43.680 animal control agencies, sodium pentobarbital use 69.50.310 application of chapter 69.50.601 burden of proof 69.50.506 containers 69.50.309 controlled substance analog 69.50.214 counterfeit substances 69.50.416 definitions 69.50.101 distribution to person under age eighteen, penalty 69.50.406 diversion prevention and control 69.50.525 educational and research programs 69.50.508 electronic communication of prescriptions authorized, conditions 69.50.312 enforcement personnel, powers 69.50.500 fish and wildlife chemical capture program 69.50.320 hazardous substances, cleanup 69.50.511 homicide 69.50.415 imitation substances, violations and enforcement Ch. 69.52 inspections by pharmacy board 69.50.501, 69.50.502 intergovernmental cooperation 69.50.504 juvenile driving privileges, revocation for violation 69.50.420 liability of enforcement personnel 69.50.506 list of included substances 69.50.206 manufacture, distribution, and dispensing recordkeeping requirements 69.50.306 registration requirements 69.50.302, 69.50.303 rule-making authority of pharmacy board 69.50.301 seizure or placement under seal 69.50.304 violations, revocation suspension of registration 69.50.304, 69.50.305 methamphetamine, possession of substances with intent to manufacture, penalty 69.50.440 minors sale or transfer to minor of controlled substance 69.50.414 misdemeanor violations, minimum imprisonment 69.50.425 nomenclature 69.50.202 pharmacy board, authority and enforcement 69.50.201 possession by person not a prisoner in a correctional institution, penalty 9.94.045 possession in correctional institutions prohibited, posting of notice required 9.94.047 preemption by state 69.50.608 prescriptions 69.50.308, 69.50.311 prisoner in penal institution, penalty for possession 9.94.041 prohibited acts bar to prosecution 69.50.405 conspiracy 69.50.407 distribution or dispensing, penalties 69.50.402 distribution to person under age eighteen, penalty 69.50.406 drug paraphernalia 69.50.412, 69.50.4121 manufacture, delivery, or possession, penalties 69.50.401 penalties under other laws 69.50.404 procurement, penalties 69.50.403 sale for profit 69.50.410 second or subsequent offenses 69.50.408 property or money, receipt from U.S. attorney general, agencies authorized 43.17.150 republishing and updating schedules 69.50.213 schedule I criteria for inclusion 69.50.203 list of included substances 69.50.204 schedule II cannabis products included for controlled substances therapeutic research program purposes 69.51.080 criteria for inclusion 69.50.205 schedule III criteria for inclusion 69.50.207 list of included substances 69.50.208 schedule IV criteria for inclusion 69.50.209 list of included substances 69.50.210 [RCW Index—page 243] DRUGS schedule V criteria for inclusion 69.50.211 list of included substances 69.50.212 schedules, authority to change 69.50.201 search and seizure rental premises, landlord notification 69.50.510 warrants 69.50.509 seizure and forfeiture landlord’s property, damage costs 69.50.505 procedure 69.50.505 property subject to seizure and forfeiture 69.50.505 uniformity of interpretation 69.50.603 violations counterfeit substances 69.50.416, 69.50.4011 delivery of substance in lieu of 69.50.4012 felonies, additional fine 69.50.430 health care practitioners, license suspension 69.50.413 injunctions 69.50.503 involving a person under eighteen 69.50.4015 marihuana, possession of forty grams or less 69.50.4014 misdemeanors, minimum imprisonment 69.50.425 possession of 69.50.4013 provisions not applicable to RCW 69.50.410 69.50.4016 public places or facilities, violations committed in or on 69.50.435 wiretaps authorization 9.73.090, 9.73.230 evidence, admissibility 9.73.230 judicial authorization 9.73.220 one-party consent 9.73.210 reports 9.73.230 violations 9.73.240 Controlled substances, uniform act Ch. 69.50 Controlled substances therapeutic research program Ch. 69.51 Covers or caps on bottles or jars, safety requirements 18.64.246 Crack houses Ch. 69.53 Cure of certain diseases, when claim deemed false advertising 69.04.720 Dangerous drugs arrests, possession of cannabis, when authorized 10.31.100 cannabis, possession of, warrantless arrests for 10.31.100 rehabilitation and treatment programs and facilities authorized 72.49.020 Dangerous products, dissemination of information 69.04.840 Deterioration precautions 69.04.520 Directions for use 69.04.500 DMSO prescription, administration permitted 70.54.190 DMSO (Dimethyl sulfoxide), authorized 69.04.565 Driver’s license ineligibility 46.20.031 Driving privileges of juveniles revocation for alcohol or drug violations 66.44.365 Driving under the influence personal injury, wrongful death, contributory fault 5.40.060 traffic safety commission to inform and educate 43.59.140 Drug asset forfeiture cases attorney general assistance to local law enforcement agencies 43.10.260 distribution of recovered assets 43.10.270 Drug control assistance unit of state patrol 43.43.600, 43.43.610, 43.43.620, 43.43.630, 43.43.640, 43.43.650 Drug courts, authorization 2.28.170, 2.28.190 Drug enforcement and education account beer, additional tax imposed to fund 66.24.290 [RCW Index—page 244] Drug paraphernalia definitions 69.50.102 Drug-affected babies, prenatal newborn screening Ch. 70.83E Drug-free zones 69.50.435 Embargo 69.04.110, 69.04.120, 69.04.130, 69.04.140, 69.04.150 Emergency response caused by intoxication recovery of emergency response costs from convicted person 38.52.430 Enforcement authority 69.04.730, 69.04.800 Enforcement funding, cigarette tax Ch. 82.24, Ch. 82.26 Epinephrine, pseudoephedrine, phenylpropanolamine emergency medical services’ personnel, authority to administer 18.73.250 precursor drug sales, requirements Ch. 69.43 Factories, warehouses, and vehicles, right of entry 69.04.820 Food, drug, and cosmetic act Ch. 69.04 Generic drugs substitution for brand name drugs 69.41.110, 69.41.120, 69.41.130, 69.41.140, 69.41.150, 69.41.160, 69.41.170, 69.41.180 Group contracts for health care services 48.44.240 Habit forming substances labeling requirements 69.04.480 Hallucinogenic substances controlled substances, uniform act Ch. 69.50 Health, department of police power 18.64.009 Health care entities license and requirements for legend drug and controlled substance purchase or use, exception 18.64.450, 18.64.460, 18.64.470 Hearings 69.04.750, 69.04.761 Human growth hormones, See STEROIDS Hypodermic syringes, needles dealer’s duty to determine sale legality 70.115.050, 70.115.060 Imitation controlled substances contraband, seizure 69.52.040 definitions 69.52.020 injunctive action by attorney general 69.52.050 injunctive action by manufacturer 69.52.060 juvenile driving privileges, revocation for violation 69.52.070 seizure at rental premises, landlord notification 69.52.045 violations, exceptions 69.52.030 Improper packaging and labeling 69.04.510 Infants, drug and alcohol-affected comprehensive plan 13.34.803 definition 13.34.801, 13.34.802 model project 13.34.800 study 13.34.805, 13.34.8051 Injunctions damages not precluded 7.43.130 forfeiture, proceeds 7.43.100 lien 7.43.120 nuisances Ch. 7.43 Intrastate commerce in food, drugs, and cosmetics Ch. 69.04 Investigational use drugs 69.04.630 Investigations 69.04.780, 69.04.790 Itinerant peddlers or vendors, registration requirements 18.64.047 Juveniles driving privileges, revocation and reinstatement following violation 69.50.420, 69.52.070 driving privileges affected by violations, revocation and reinstatement 13.40.265 Kidney dialysis programs, prescription drugs 18.64.257 Labels deterioration precautions 69.04.520 directions for use and warnings 69.04.500 drugs in transit for completion, labeling exemption 69.04.550 false or misleading 69.04.450 habit forming substances 69.04.480 improper packaging and labeling 69.04.510 name and ingredients 69.04.490 packaged drugs 69.04.460 prescription drugs, labeling exemptions 69.04.560 readability 69.04.470 Laetrile certification 70.54.140 legislative declaration 70.54.130 physician’s immunity from prescribing or administering 70.54.150 prescription, administration, permitted 70.54.140 Landlord and tenant manufactured or mobile homes tenant duties 59.20.140 termination grounds 59.20.080 notification of landlord of seizure 59.18.075 notify landlord of seizure 59.20.155 tenant duty regarding 59.18.130, 59.18.180 unlawful detainer 59.18.180, 59.18.390, 59.18.400 Legend drugs, See DRUGS, subtitle Prescription drugs Licenses manufacturers 18.64.045 peddlers’ registration 18.64.047 refusal, suspension, and revocation appeal procedure 18.64.200 grounds 18.64.165 wholesalers 18.64.046 Lie detector tests, requiring of employee or prospective employee, unlawful, penalty, exception 49.44.120 Liquor laws, exemptions 66.12.060, 66.12.070 Manufacturers licensing requirements 18.64.045 penalties for violations 18.64.045 Marijuana controlled substances, uniform act Ch. 69.50 controlled substances therapeutic research program 69.51.060 medical use definitions 69.51A.010 lawful possession allowed, state not liable 69.51A.050 medical conditions, addition to those included in chapter 69.51A.070 patients and primary caregivers protected, criteria 69.51A.040 physicians excepted from criminal laws, conditions 69.51A.030 possession of forty grams or less, penalty 69.50.4014 purpose and intent 69.51A.005 restrictions and limitations 69.51A.060 rules, department of health 69.51A.080 possession of, warrantless arrests for 10.31.100 Methamphetamine controlled substances, uniform act Ch. 69.50 manufacture with child on premises, reporting requirements 26.44.200 manufacture with child on premises, special allegation 9.94A.605 Minors driving privilege revocation, alcohol or drug violations 66.44.365 Misbranding false or misleading labels 69.04.450 Misleading representations 69.04.530 Moral nuisances defined 7.48A.010 Motor carriers alcohol and controlled substance testing program 81.04.530 Motor vehicles driving under the influence 46.61.502 (2008 Ed.) EARLY LEARNING, DEPARTMENT OF physical control of while under the influence 46.61.504 Narcotic drugs rehabilitation and treatment programs and facilities authorized 72.49.020 Narcotic drugs, See also NARCOTICS Narcotics labeling requirements 69.04.480 National guard mutual assistance counter-drug activities compact 38.08.500 New drugs application for introduction 69.04.580, 69.04.590, 69.04.600, 69.04.610, 69.04.620, 69.04.640 exemptions from requirements 69.04.650, 69.04.660 introduction requirements 69.04.570 Nuisances Ch. 7.43 buildings 7.48.052 moral nuisances defined 7.48A.010 Off-limits orders, drug traffickers appearance by party 10.66.070 bond or security of applicant 10.66.060 definitions 10.66.010 ex parte temporary order 10.66.040 hearing 10.66.030 issuance 10.66.020, 10.66.080 jurisdiction 10.66.110 modification of order 10.66.130 penalties for violations 10.66.090, 10.66.100 relief 10.66.050 venue 10.66.120 Operating motor vehicle while under influence 9.91.020 Opiates controlled substances, uniform act Ch. 69.50 Over-the-counter medications, imprinting requirements Ch. 69.60 Packaged drugs labeling requirements 69.04.460 Paraphernalia, See DRUG PARAPHERNALIA Personal injury defense, contributory fault 5.40.060 Pharmacies and pharmacists, licensing and regulation Ch. 18.64 Pharmacy, board of, powers and duties Ch. 69.04 Poison information center, statewide services Ch. 18.76 Poison prevention packaging Ch. 70.106 Poisons, See POISONS Poisons or other harmful objects in food, drinks, medicine, or water Ch. 69.40 Practice and sale, legislature to regulate Const. Art. 20 § 2 Precursor drugs Ch. 69.43 Prescription drugs animal control agencies, possession and use 69.41.080 confidentiality 69.41.044, 69.41.280, 69.45.090 definitions 69.41.010 dialysis programs 69.41.032 drug imprints, published list 69.41.220 electronic communication of prescriptions authorized, conditions 69.41.055 generic drugs, substitution for brand name drugs 69.41.110, 69.41.120, 69.41.130, 69.41.140, 69.41.150, 69.41.160, 69.41.170, 69.41.180 identification and lists of drugs 69.41.075 identification and marking application of chapter 69.41.260 definitions 69.41.210 exemptions 69.41.250 pharmacy board, rule-making authority 69.41.240 requirements 69.41.200 violations, drugs declared contraband 69.41.230 insurance claims preapproved individual claim may not be rejected later, recordkeeping requirements (2008 Ed.) 48.20.525, 48.21.325, 48.44.465, 48.46.535 labeling exemptions 69.04.560 labeling requirements 69.41.050 legitimate medical purposes for prescriptions 69.41.040 manufacturers and distributors, duties 69.41.200, 69.41.220, 69.41.230, 69.41.250, 69.41.260 medication assistance in community-based settings 69.41.085 pharmacy board, rule-making authority 69.41.075 preferred drug substitution 69.41.190 prescription required, exceptions 69.41.030 prohibited acts 69.41.020 purchasing consortium account 70.14.070 committee, rules 70.14.060 recordkeeping requirements 69.41.042 rental premises, search and seizure 69.41.062 sale without prescription 69.04.540 samples Ch. 69.45 search and seizure 69.41.060 violations juvenile driving privileges, revocation and reinstatement 69.41.065 penalties 69.41.072, 69.41.350 rental premises, search and seizure 69.41.062 search and seizure 69.41.060 warehousing and reselling, tax imposed 82.04.272 Prescription drugs, See also PRESCRIPTIONS Prohibited acts enumeration 69.04.040 injunctions 69.04.050 liability of disseminator of advertising 69.04.090 penalties 69.04.060, 69.04.070, 69.04.080 Prosecution assistance program, statewide advisory committee 36.27.110 creation 36.27.100 operations 36.27.120 Reports, publication 69.04.830 Rule-making authority 69.04.740 Sale of, legislature to regulate Const. Art. 20 § 2 Samples confidentiality 69.45.090 definitions 69.45.010 distribution and possession 69.45.050 expired samples, disposal 69.45.040 loss or theft, report 69.45.030 manufacturers, registration 69.45.020 recordkeeping requirements 69.45.030 registration fees 69.45.070 storage and transportation 69.45.040 surplus, outdated, or damaged, disposal 69.45.060 violations, liability, seizure 69.45.080 Snowmobiles operating under the influence of 46.10.090 Steroids, See STEROIDS In transit for completion, labeling exemption 69.04.550 Treatment health insurance, group contracts contracts, requirements 48.21.180 legislative declaration 48.21.160 Uniform controlled substances act Ch. 69.50 Veterinarians authority to dispense legend drugs prescribed by other veterinarians 18.92.012 dispensing by personnel authorized 18.92.013 Violations civil penalty 69.04.880 infractions 69.04.170 prosecution 69.04.160 Violence reduction and drug enforcement account 69.50.520 Warning labels 69.04.500 Wholesalers licensing requirements 18.64.046 penalties for violations 18.64.046 Wrongful death defense, contributory fault 5.40.060 DRUNK DRIVING (See DRIVING UNDER THE INFLUENCE) DUE PROCESS Foreign judgments of debt, effect on faith accorded to as evidence of indebtedness 5.44.020 Life, liberty, property, not to be taken without Const. Art. 1 § 3 DUMBWAITERS (See ELEVATORS, ESCALATORS AND DUMBWAITERS) DUNE BUGGIES Inspection and approval required 46.37.520 DURESS Confession made under, cannot be used 10.58.030 Defense to criminal prosecution 9A.16.060 Obtaining a signature by, class C felony 9A.60.030 DUSTERS AND SPRAYERS (See PESTICIDE APPLICATION; POISONS) DWELLING (See HOUSING) DYNAMITE (See EXPLOSIVES) EARLY CHILDHOOD EDUCATION AND ASSISTANCE PROGRAM Child abuse prevention training for participants 43.63A.066 EARLY LEARNING, DEPARTMENT OF Advisory committees or councils 43.215.050 Background checks employees working with children 41.06.475 Child abuse prevention training 43.63A.066 Child care workers 43.215.500, 43.215.502, 43.215.505, 43.215.510 Child day care centers 43.215.520, 43.215.525, 43.215.530, 43.215.545 Day care insurance 43.215.535 Definitions 43.215.010 Department created, duties 43.215.020, 43.215.545 Director 43.215.030, 43.215.040 Early childhood education and assistance program admission and funding 43.215.410 advisory committee 43.215.420, 43.215.445 applications, review of 43.215.430 definitions 43.215.405 eligible providers 43.215.415 gift, grants, support 43.215.450 legislative intent 43.215.400 reports 43.215.435 rules 43.215.425 state support, priorities, funding 43.215.440 Early learning advisory council 43.215.090 Evaluation, legislative audit and review committee 43.215.907 Family day care providers 43.215.520, 43.215.525, 43.215.530 Federal and state cooperation 43.215.060 Head start program, statewide 43.215.125 Incarcerated parents support for children of 43.215.065 Legislative findings 43.215.005 Licensing, agencies access to agencies, records 43.215.240 actions against agencies 43.215.330 actions against agencies, reporting 43.215.370 adjudicative proceedings 43.215.310 application 43.215.260 articles of incorporation 43.215.230 character, suitability, and competence 43.215.215 civil fines, adjudicative proceedings 43.215.307 denial, suspension, nonrenewal 43.215.300, 43.215.305 director’s duties 43.215.200 [RCW Index—page 245] EARNINGS AND PROFITS fees 43.215.255 fire protection 43.215.210 initial 43.215.280 license required 43.215.250 minimum requirements 43.215.205, 43.215.360 negotiated rule-making 43.215.350, 43.215.355 operating with license, penalty 43.215.340 pesticide use, notice 43.215.220 probationary 43.215.290 renewal 43.215.270 suspension, noncompliance and reissuance 43.215.320 window blind pull cords 43.215.360 Private-public partnerships 43.215.070, 43.215.110 Reading achievement account 43.79.485 Reports 43.215.080 Sexual misconduct or abuse, report of alleged 43.215.120 Tiered reimbursement system, pilot sites 43.215.540 Voluntary quality rating and improvement system 43.215.100 EARNINGS AND PROFITS Children 26.16.125 Descent and distribution, right to sue for rents and profits by heirs and devisees 11.04.250 Local improvement guaranty fund 35.54.030 EARTH MOVEMENTS Advisory committee 76.09.305 Program to correct hazards 76.09.300, 76.09.310, 76.09.315, 76.09.320 EARTHQUAKES Resistance standards for buildings definition 70.86.010 intensities 70.86.020 penalty for violations 70.86.040 standards for design and construction 70.86.030 EASEMENTS (See also PUBLIC LANDS) Cities and towns vacated streets and alleys 35.79.030 water mains across private property 35.92.010 Easements by dedications subdivisions, alteration of, subject to RCW 64.04.175 58.17.218 Established by dedication extinguishing or altering 64.04.175 Logging roads obligation to carry products of condemnees 8.24.040 Militia property 38.12.020 National guard property 38.12.020 Private way of necessity authority 8.24.010 condemnation procedure 8.24.030 corporations 8.20.070 costs 8.24.030 definitions 8.24.010 fees 8.24.030 joinder of surrounding owners 8.24.015 logging road obligation to carry products of condemnees 8.24.040 selection of route 8.24.025 Public lands aquatic lands—easements and rights of way Ch. 79.110 easements over Ch. 79.36 Public property held as open space 58.17.225 Solar energy systems authorized 64.04.140 creation, written agreement, requirement 64.04.160 definitions 35.63.015, 36.70.025, 64.04.150 interference with, remedies attorneys’ fees 64.04.170 damages 64.04.170 injunction 64.04.170 [RCW Index—page 246] sunlight access protection 35.63.080 Subdivisions, alteration of easements by dedication subject to RCW 64.04.175 58.17.218 Taxation public utilities Ch. 84.20 EASTERN STATE HOSPITAL (See HOSPITALS FOR MENTALLY ILL) EASTERN WASHINGTON HISTORICAL SOCIETY (See HISTORIC PRESERVATION, subtitle Eastern Washington historical society) EASTERN WASHINGTON UNIVERSITY (See COLLEGES AND UNIVERSITIES; REGIONAL UNIVERSITIES) EASTERN WASHINGTON VETERANS’ HOME (See WASHINGTON VETERANS’ HOMES) ECHO GLEN (See CORRECTIONAL FACILITIES) ECOLOGY (See AIR POLLUTION CONTROL; ECOLOGY, DEPARTMENT OF; ENVIRONMENT; SOLID WASTE MANAGEMENT; WATER POLLUTION CONTROL) ECOLOGY, DEPARTMENT OF Adjudicative proceedings, authority of pollution control hearings board 43.21B.240 Administrative procedure act, application 43.21A.070 Agricultural burning practices and research task force 70.94.650 Air pollution hazardous substance remedial action procedural requirements of chapter not applicable 70.94.335 limitation on other governmental units or persons 70.94.370 metals mining and milling operations 70.94.620 personnel, employment of 70.94.350 Air pollution control transportation activities conformity criteria 70.94.037 Air pollution control, See also AIR POLLUTION CONTROL Air quality program technical assistance for regulated community 70.94.035 Beverage containers pull-tab openers, prohibited enforcement administration 70.132.040 Biosolid management program 70.95J.020 Biosolids beneficial uses 70.95J.030 definitions 70.95J.010 enforcement of regulations department of ecology authority 70.95J.050 federal requirements 70.95J.007 legislative findings 70.95J.005 permit issuance and enforcement local health department authority 70.95J.080 permit review 70.95J.090 violations department of ecology authority 70.95J.040 gross misdemeanor punishment 70.95J.060 monetary penalty 70.95J.070 Branch offices 43.17.050 Burning permits, political subdivisions, delegation of issuance authority 70.94.654 Carbon dioxide mitigation generally Ch. 80.70 Children’s safe products Ch. 70.240 Civil service exemptions 41.06.073 Cloud seeding authorized 43.37.215 exemption from permit requirements during state of emergency 43.37.220 Comprehensive Environmental Response, Compensation and Liability Act, state participation and administration 43.21A.440 Confidentiality of information 43.21A.160 Conservation commission and conservation districts Ch. 89.08 Conservation corps duties 43.220.060 work project areas 43.220.090 Construction projects in state waters Ch. 77.55 Cost-reimbursement agreements 43.21A.690, 90.03.265 Created 43.17.010 Dairy nutrient management, powers and duties Ch. 90.64 transfer 90.64.901 Dam safety, department report 90.54.160 Definitions 43.21A.030 Deputy director 43.21A.100 Detergent phosphorus content Ch. 70.95L Development, state master plan of 43.21A.350, 43.21A.355 Director appointment 43.17.020 appointment and authority 43.21A.050 beverage containers, pull-tab openers prohibited duties relating to 70.132.900 chief assistant director 43.17.040 delegation of powers and duties 43.21A.090 emergency cloud seeding program, establishment 43.37.215 energy facility site evaluation council member 80.50.030 oath 43.17.030 powers and duties, generally 43.17.030 vacancy 43.17.040 Divisions of department 43.21A.100 Drought relief emergency powers implementation orders, procedure 43.83B.405 legislative intent 43.83B.400 limitations on powers granted 43.83B.425 loans and grants, authority to make 43.83B.415 rule making authority 43.83B.420 withdrawals and diversions of water, temporary, authorization 43.83B.410 Drug manufacturing facilities, cleanup 69.50.511 Ecological commission state environmental policy, commission duties Ch. 43.21C Emission contributing areas department to provide information to motorists regarding boundaries of 46.16.015 Employment of personnel 43.21A.120 Environmental certification programs demonstration activities 43.21A.175 Environmental excellence awards program for products 43.21A.520 Environmental excellence program agreements Ch. 43.21K Environmental excellence program agreements, effect 43.21A.155 Environmental laboratories certification, qualifications, fees, and exemptions 43.21A.230, 43.21A.235 Environmental laws, information and assistance to businesses 43.21A.515 Environmental policy, council on, authorization 43.21C.170, 43.21C.175 Environmental profile of state 43.21A.510 Environmental technology certification programs fees, liability 43.21A.175 review 43.21A.165 demonstration activities 43.21A.165 Family farm water act water withdrawal permits Ch. 90.66 (2008 Ed.) ECOLOGY, DEPARTMENT OF Federal low-level radioactive waste policy amendments of 1985, implementation 43.200.180 Federal resource conservation and recovery act authority of department 70.105.145 Fertilizers waste-derived or micronutrient fertilizers, department duties 15.54.820 Fishways, flow, and screening Ch. 77.57 Flood control general authority over flood conditions 86.16.025 powers and duties 43.21A.069 rule-making authority 86.16.061 state master plan 43.21A.350, 43.21A.355 state participation in maintenance duties of department 86.26.010, 86.26.040, 86.26.050, 86.26.060, 86.26.080, 86.26.100 Flood control duties 86.16.031 appeals from order, decision, or determination of director or department 86.16.110 Floodplain management ordinances and amendments cities and counties to file with department, approval, disapproval 86.16.041 Forest practices right of entry 76.09.160 water pollution control, department jurisdiction and powers Ch. 90.48 water quality protection, responsibility, jurisdiction 76.09.100 Freshwater aquatic algae control account, program 43.21A.667 Freshwater aquatic weeds management program 43.21A.660, 43.21A.662 Geoduck aquaculture operations guidelines, rules 43.21A.681 Geothermal resources, plugging and abandonment, jurisdiction 78.60.100 Grass burning research advisory committee, duties Ch. 43.21E Greenhouse gas emissions statewide reduction Ch. 70.235 Hazardous household substances 70.102.010 Hazardous substance information and education office definitions 70.102.010 generally, duties 70.102.020 Hazardous waste, mixed radioactive and hazardous waste Ch. 70.105E Hazardous waste cleanup enforcement actions 70.105D.050 grants to local governments 70.105D.100 lien authority 70.105D.055 powers and duties 70.105D.030 Puget Sound partners 70.105D.120 release of hazardous substances 70.105D.110 remedial actions exemption from procedural requirements of various cleanup statutes 70.105D.090 superior court review of department decisions 70.105D.060 Hazardous waste disposal action for damages resulting from violations attorney fees 70.105.097 attorney general enforcement, legal actions, authorized 70.105.120 definitions 70.105.010 department authority to regulate all wastes 70.105.109 disposal sites acquisition authority 70.105.040 fee schedule, establishment 70.105.040 receiving criteria 70.105.070 energy facilities 70.105.110 extremely hazardous waste rules and standards 70.105.020 federal law implementation rules, legislative review 70.105.140 state agency designation, powers 70.105.130 hazardous materials incidents (2008 Ed.) definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 incident command agencies designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 hazardous substance remedial action procedural requirements of chapter not applicable 70.105.116 list of waste for disposal, requirements 70.105.030 off-site disposal 70.105.050 order requiring compliance appeals 70.105.095 issuance 70.105.095 noncompliance 70.105.095 PCB waste 70.105.105 powers and duties of the department 70.105.100 purpose, comprehensive statewide control framework 70.105.007 receiving criteria 70.105.070 rules, regulations, fee schedules, review by solid waste advisory committee 70.105.060 service charges, assessment against hazardous waste disposal facilities 70.105.280 solid wastes conditionally exempt from chapter 70.105.035 violations civil penalty 70.105.080 criminal penalties 70.105.090 Hazardous waste generators and users multimedia permit pilot program 70.95C.250 voluntary reduction plan appeal of department order or surcharge 70.95C.230 review of plan, executive summary, or progress report, duties 70.95C.220 Hazardous waste management conflict related to site, department to assist in resolution 70.105.260 consultative services 70.105.170 declaration of policy 70.105.150 definitions 70.105.150 fines and penalties hazardous waste control and elimination account 70.105.180 hazardous waste control and elimination account created 70.105.180 local governments coordination with private facilities 70.105.220 grants available 70.105.235 pollution control hearings board to hear disputes 70.105.250 preparation of local plans 70.105.220 technical assistance from department 70.105.255 local governments to designate zones 70.105.225, 70.105.230 metals mining and milling operations, permits and inspections 70.105.300 notice of intent to file application for facility 70.105.245 plan components 70.105.200 criteria for facilities siting 70.105.210 plan preparation requirements contingent on funding 70.105.270 priorities established 70.105.150 promote 70.105.170 state preemption 70.105.240 study to determine best practices 70.105.160 technical assistance 70.105.170 treatment facilities permits, rules 70.105.215 waste fees definitions 70.95E.010 enforcement and collection 70.95E.050 exclusions from chapter 70.95E.100 fee schedule, adjustment of fees 70.95E.040 generation fee 70.95E.020 hazardous waste assistance account 70.95E.080 technical assistance and compliance education grants to local governments 70.95E.090 voluntary reduction plan fees 70.95E.030 Health, department of cooperation with 43.70.310 Hydraulic projects and permits Ch. 77.55 Incinerator and landfill operators director, department of ecology, authority to implement chapter 70.95D.080 Integrated pest management Ch. 17.15 Intergovernmental cooperation 43.21A.140, 43.21A.150 Joint operating agencies formation 43.52.360 Lake Osoyoos international water control structure 43.21A.450 Lakes outflow regulation Ch. 90.24 Land use real property damage due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 Limited outdoor burning permit program, establishment and exceptions 70.94.745 responsibility and duty to establish program for 70.94.755 Litter cleanup, community restitution programs grants for 70.93.250 Litter collection programs, coordination 70.93.220 Litter control, See also WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT Litter control and recycling litter receptacle placement 70.93.090 Low-level radioactive waste waste generator fees 43.200.230 waste generator surcharge disposal 43.200.235 remittal to counties 43.200.233 Marine plastic debris Ch. 79.145 Mercury reduction and education Ch. 70.95M Metals mining and milling operations air pollution, permits and inspections 70.94.620 Metals mining and milling operations, department powers and duties Ch. 78.56 Motor vehicle emission control authority 70.120.130 clean-fuel performance and clean-fuel vehicle emissions specifications 70.120.210 designation of noncompliance and emission contributing areas 70.120.150 duties 70.120.020 emission contributing areas, vehicle inspection requirements, adoption 70.120.170 noncompliance areas, annual review 70.120.160 scientific advisory board, membership and duties 70.120.230 used vehicles 70.120.190 vehicle emission standards 70.120.150 Motor vehicle emission standards generally Ch. 70.120A Motor vehicle fuel air pollution reduction, variances from ASTM specifications 19.112.090 [RCW Index—page 247] ECOLOGY, DEPARTMENT OF Municipal bonding and facilities, certificate of antipollution furtherance 70.95A.100 Municipal sewage sludge beneficial uses 70.95J.030 biosolid management program 70.95J.020 definitions 70.95J.010 enforcement of regulations department authority 70.95J.050 federal requirements 70.95J.007 legislative findings 70.95J.005 permit issuance and enforcement local health department authority 70.95J.080 permit review 70.95J.090 violations department of ecology authority 70.95J.040 gross misdemeanor punishment 70.95J.060 monetary penalty 70.95J.070 Noise control duties relating to Ch. 70.107 exemptions 70.107.080 powers and duties of department 70.107.030 snowmobiles 46.10.090 technical advisory committee 70.107.040 Office maintained at state capital 43.17.050 Oil and gas well drilling affecting surface water, environmental impact statement required 78.52.125 Oil and hazardous substance spill prevention and response, department duties Ch. 90.56 Oil recycling, See OIL RECYCLING Oil spills oil spill prevention program Ch. 43.21I Operating agencies appeals 43.52.430 Penalty procedures 43.21B.300 Pest control integrated pest management Ch. 17.15 Policy of the state on environment and natural resources utilization 43.21A.010 Pollution control bonds, municipal, See POLLUTION CONTROL MUNICIPAL BONDING Pollution control hearings board, jurisdiction and duties Ch. 43.21B Puget Sound water quality authority, See PUGET SOUND WATER QUALITY AUTHORITY Pulp and paper mills discharge of chlorinated organics, reports and permits 90.48.455 Purpose 43.21A.020 Radiation monitoring federal funding, department to seek 70.98.122 Radioactive waste, mixed radioactive and hazardous waste Ch. 70.105E Radioactive waste management federal low-level radioactive waste policy amendments of 1985, implementation 43.200.180 financial assurance, demonstration by transportation and disposal permit holders 43.200.200 suspension of permit for failure to demonstrate 43.200.210 Hanford low-level radioactive waste disposal facility site closure and perpetual care 43.200.190 permit holder to indemnify and hold state harmless 43.200.210 site closure fee, authority to impose 43.200.220 transporting, shipping, storage of low-level waste review of damage potential, liability coverage 43.200.200 Radioactive waste regulations agencies to cooperate with 43.200.030 definitions 43.200.015 department duties 43.200.020 findings 43.200.010 high-level radioactive waste defined 43.200.015 [RCW Index—page 248] legislature retains an autonomous role 43.200.020 low-level radioactive waste defined 43.200.015 powers and duties of director 43.200.080 radioactive waste defined 43.200.015 report to legislature by nuclear waste board 43.200.020 rules 43.200.070 spent nuclear fuel defined 43.200.015 Reclaimed water use, department duties Ch. 90.46 Reclamation powers and duties 43.21A.061 Reclamation of state lands powers and duties of director Ch. 89.16 Recyclable materials processing facilities notice of applications for assistance from the community economic revitalization board 43.160.077 Rule-making authority 43.21A.080 Rules 43.17.060 Rules compliance technical assistance program Ch. 43.05 Safe Drinking Water Act, state participation and administration 43.21A.445 Sewerage, water and drainage systems— Counties, submission of plan or amendments, approval 36.94.100 Sharps waste residential sharps waste disposal 70.95K.030 Sharps waste collection 70.95.715 Shoreline management act, department duties Ch. 90.58 Shoreline management act of 1971, powers, duties and functions, See SHORELINE MANAGEMENT ACT OF 1971 Soil contamination, area-wide Ch. 70.140 Solid waste management composting food and yard wastes grants to local governments 70.95.810 comprehensive solid waste management plan technical assistance 70.95.100 technical review and approval of 70.95.094 hazardous substance remedial action procedural requirements of chapter not applicable 70.95.270 local boards of health, authority to contract with 70.95.163 state solid waste management plan, duties 70.95.260 vehicle batteries enforcement duties 70.95.660 persons accepting used batteries, to establish identification procedure 70.95.620 rule-making authority 70.95.670 waste stream monitoring 70.95.280 Solid waste management, powers, duties, and functions Ch. 70.95 Solid waste plan advisory committee abolished 43.21A.680 State environmental policy, department duties Ch. 43.21C Stream patrolmen, appointment, powers, and compensation Ch. 90.08 Studies 43.21A.130 Technical assistance officers and units authority to issue orders or assess penalties, restrictions 43.21A.087 voluntary compliance with regulatory laws, coordination 43.21A.085 Underground storage tanks, regulation powers and duties Ch. 90.76 Used oil recycling equipment and operating standards for public collection sites 70.95I.030 public education program 70.95I.050 statewide collection and rerefining goals 70.95I.030 Used oil transporter and processor requirements, penalties 70.95I.070 Washington clean air act, See AIR POLLUTION CONTROL Waste disposal facilities appropriation from state and local improvements revolving account to, administration of 43.83A.040 state and local improvements revolving account, appropriation 43.83A.090 Waste treatment plant operators, certification, See WASTE TREATMENT PLANT OPERATORS Wastewater discharge permits, issuance conditions 90.48.520 reclaimed water use, department duties Ch. 90.46 Water construction projects in state waters Ch. 77.55 ground waters, appropriation Ch. 90.44 surface waters, appropriation Ch. 90.03 Water appropriation for public and industrial purposes Ch. 90.16 Water conservancy boards, creation and duties Ch. 90.80 Water flows or levels, establishment of minimum Ch. 90.22 Water pollution control baseline study of state waters 43.21A.405, 43.21A.410, 43.21A.415, 43.21A.420 Water pollution control, department jurisdiction, powers, and duties Ch. 90.48 Water quality standards compliance method, department authority 90.48.422 Water resource management Ch. 90.82 trust water rights program, department duties Ch. 90.42 Water resources basic data fund 43.21A.067 definitions 43.27A.020 diking districts, adjustment of indebtedness, generally Ch. 87.64 powers and duties 43.27A.090 drainage districts, adjustment of indebtedness, generally Ch. 87.64 efficiency study 43.83B.300 emergency withdrawal of public surface and ground waters 43.83B.300 charges, payments 43.83B.345 enforcement, procedure 43.27A.190 flood control commission, See FLOOD CONTROL, subtitle Districts—1937 act flood control contributions, use 86.18.030 geological survey of the state to determine 43.92.020 inventory of 43.27A.130 irrigation districts adjustment of indebtedness, generally Ch. 87.64 exclusion of nonirrigable land, when 87.03.750 organization 87.03.020 pollution control, approval 87.84.061 irrigation districts, See also IRRIGATION DISTRICTS person, defined to include any entity 43.27A.220 powers and duties 43.21A.064 violations enforcement procedure 43.27A.190 Water resources act, department powers and duties Ch. 90.54 Water rights determination and appropriation Ch. 90.03, Ch. 90.44 minimum flows and levels, department authority 90.03.247 registration, waiver, and relinquishment Ch. 90.14 stream patrolmen, appointment, powers, and compensation Ch. 90.08 Yakima river basin water rights program, department duties Ch. 90.38 (2008 Ed.) EDUCATION Water supply facilities appropriation of state and local improvements revolving account to, administration of 43.83B.040 contractual agreement authority 43.83B.220 emergency support 43.83B.300 loans and grants provision for recreation, fish and wildlife enhancement, and other public benefits 43.83B.230 loans or grants to public bodies 43.83B.210 Watershed compensatory mitigation Ch. 90.74 Wetlands mitigation banking Ch. 90.84 Yakima enhancement project 43.21A.470 Yakima river basin water rights Ch. 90.38 ECONOMIC AND REVENUE FORECAST COUNCIL Civil service exemptions 41.06.087 Council created Ch. 82.33 Economic climate council duties Ch. 82.33A Forecast process Ch. 82.33 ECONOMIC ASSISTANCE ACT OF 1972 Economic assistance authority abolished 43.31A.400 duties transferred 43.31A.400 ECONOMIC CLIMATE COUNCIL Creation, duties, and procedures Ch. 82.33A ECONOMIC DEVELOPMENT (See also COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF) Agricultural market development department of agriculture powers and duties 15.04.400, 15.04.402, 43.23.035 director of agriculture department’s powers and duties 43.23.030 Appeals and reviews of permit decisions economic development projects environmental and land use hearings board Ch. 43.21L Cities authorized to engage in 35.21.703 contracts with nonprofit corporations authorized 35.21.703 Community, trade, and economic development, department of departmental responsibilities 43.330.050 Community economic revitalization board Ch. 43.160 Community empowerment zones Ch. 43.31C tax deferral program Ch. 82.60 Counties authorized to engage in 36.01.085 contracts with nonprofit corporations authorized 36.01.085 Development loan fund committee applications 43.168.070 entitlement communities, grants 43.168.100 funds, use 43.168.090 minority and women-owned businesses 43.168.150 performance standards to be developed 43.168.130 Distressed areas rural Washington loan fund Ch. 43.168 Diversification strategies department of community, trade, and economic development responsibilities 43.330.090 Economic development commission, Washington state Ch. 43.162 Economic development finance authority, See ECONOMIC DEVELOPMENT FINANCE AUTHORITY Environmental laws information and assistance to businesses 43.21A.515 Environmental profile of state 43.21A.510 Film and video production studio location 43.330.090 (2008 Ed.) Film and video promotion account, use to promote production industry 43.330.092 Financing economic development activities 43.163.210 manufacturing or processing activities 43.163.210 new product development 43.163.210 Freight mobility strategic investment program and board Ch. 47.06A Green economy jobs growth initiative 43.330.310 Health sciences and services authorities Ch. 35.104 Highway improvements necessitated by planned economic development procedures 43.160.074 Industrial development districts, See PORT DISTRICTS, subtitle Industrial development districts Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Industry clusters department of community, trade, and economic development responsibilities 43.330.090 Innovation partnerships zones research and globally competitive firms 43.330.270, 43.330.280 Legislative committee on economic development and international relations Ch. 43.15 Main street program generally Ch. 43.360 Microenterprise development program 43.330.290 Minority business export outreach program 43.210.130 Pacific Northwest economic region cooperative activities encouraged 43.147.030 findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 terms of agreement 43.147.010 Port districts, public purpose 53.08.245 Public facilities loans and grants Ch. 43.160 Quality award program, council 43.06.335 Recycled materials and products market development 43.31.545 Rural development council, successor organization 43.31.859 Rural Washington loan fund applications 43.168.040, 43.168.050, 43.168.055 definitions 43.168.020 established 43.168.110 guidelines for loans 43.168.120 legislative findings 43.168.010 Small business export finance assistance center, See also SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER Spokane intercollegiate research and technology institute Ch. 28B.38 State economic policy Ch. 43.21H Strategic reserve account 43.330.250 Tourism, Washington commission Ch. 43.336 Tourism promotion and development account 43.330.094 Trade representative, office of Washington state, purpose and authority Ch. 43.332 Washington marketplace program definitions 43.31.522 encouragement of in-state purchases by Washington businesses 43.31.524 purpose and duties 43.31.524 ECONOMIC DEVELOPMENT FINANCE AUTHORITY Construction of chapter 43.163.200 Contracts obligations of authority only, not of state 43.163.140 Coordination of programs with those of other agencies, information sharing duties 43.163.060 Creation 43.163.020 Definitions 43.163.010 Economic development finance objectives plan adoption 43.163.090 Farmers federal conservation reserve program, advance financing program for farmers eligible for contract payments under 43.163.040 Funds conditions and limitations on use of 43.163.070 to receive no appropriated state funds 43.163.120 sources 43.163.070 Loan pooling, loans made by or guaranteed by the federal small business or farm home administrations, authority 43.163.050 Membership 43.163.020 Nonrecourse revenue bonds bond issuance and repayment, chapter constitutes alternative method 43.163.190 economic development activities 43.163.210 financing documents 43.163.150 issuance, terms, and conditions 43.163.130 legal investment, bonds constitute 43.163.180 moneys received are trust funds 43.163.160 new product development 43.163.210 obligations of authority only, not of state 43.163.140 owners and trustees, enforcement of rights 43.163.170 payment of principal and interest only from special authority repayment fund 43.163.140 Operating procedures, requirements 43.163.080 Powers 43.163.100 Prohibited activities 43.163.110 Scope of authority’s powers 43.163.060 Small businesses export transactions, funding programs 43.163.030 Staff, provision by the department of community, trade, and economic development, restrictions 43.163.120 ECONOMIC IMPACT ACT (See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Economic impact act) ECONOMIC IMPACT STATEMENT (See REGULATORY FAIRNESS) ECONOMIC OPPORTUNITY ACT OF 1964 Participation cities and towns 35A.11.060 public, private agencies 36.32.410 State participation 43.06.110 ECONOMIC POLICY State economic policy Ch. 43.21H ECOTAGE Tree spiking 9.91.150, 9.91.155 EDIT EDUCATION (See also COLLEGES AND UNIVERSITIES; COMMUNITY AND TECHNICAL COLLEGES; SCHOOLS AND SCHOOL DISTRICTS; STATE BOARD OF EDUCATION; SUPERINTENDENT OF PUBLIC INSTRUCTION) Certificate or test score to be accepted in lieu of diploma 41.04.015 Children compulsory attendance, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance [RCW Index—page 249] EDUCATIONAL CENTERS joint liability of husband and wife 26.16.205 Civil service, institutions of higher education, See HIGHER EDUCATION PERSONNEL SYSTEM Education ombudsman, office of Ch. 43.06B Grants job skills program 28C.04.420 Guardian and ward, See GUARDIAN AND WARD, subtitle Education of ward High-technology, See TECHNOLOGY Interstate agreement on qualifications of educational personnel 28A.690.020 Job skills program, See JOB SKILLS PROGRAM K-20 telecommunications network, planning and operation Ch. 43.105 No distinction on account of race, color or sex Const. Art. 9 § 1 Provision for to be made by state Const. Art. 9 § 1 Sale of land for purposes of Const. Art. 9 § 3 Technology, See TECHNOLOGY Unemployment compensation benefits, terms and conditions 50.44.050 reasonable assurance defined 50.44.053 EDUCATIONAL CENTERS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Educational centers) EDUCATIONAL CORPORATIONS Nonprofit corporations, authorized 24.03.015 EDUCATIONAL EMPLOYMENT RELATIONS Administrative procedure act applicability to commission 41.59.160 Agreements, collective bargaining certain, effective date of 41.59.170 Arbitration, binding, authorized 41.59.130 Bargaining representative election, run-off election, and decertification election 41.59.070 Collective bargaining 41.59.070 agency shop provision 41.59.100 collection of dues or fees 41.59.100 agreements effective date of certain 41.59.170 arbitration, binding, authorized 41.59.130 determination of unit 41.59.080 exclusion of certain employees 41.59.180 fact-finding 41.59.120 impasses, mediation of 41.59.120 mediation 41.59.120 representative for 41.59.070 standards for determination of bargaining unit 41.59.080 union security provisions 41.59.100 Collective bargaining unit certification of exclusive 41.59.090 representation, scope of 41.59.090 scope of representation 41.59.090 Commission administrative procedure act applicable to 41.59.160 rules and regulations authority to issue 41.59.110 federal precedents as standard 41.59.110 unfair labor practices, prevention of 41.59.150 Definitions 41.59.020 Effective date certain collective bargaining agreements 41.59.170 Employees dues and fees, deduction from pay 41.59.060 exclusion of certain categories from collective bargaining units 41.59.180 fees and dues, deduction from pay 41.59.060 rights enumerated 41.59.060 unfair labor practices 41.59.140 Employers unfair labor practices 41.59.140 Fact-finding 41.59.120 Federal precedents as standards 41.59.110 Impasses, resolving of 41.59.120 Mediation of impasses 41.59.120 [RCW Index—page 250] Purpose 41.59.010 Rules and regulations, authority to issue 41.59.110 Unfair labor practices 41.59.140 commission to prevent 41.59.150 complaint filing period 41.59.150 EDUCATIONAL SERVICE DISTRICT BOARD Board-member districts changing boundaries, criterion 28A.310.030 determined initially 28A.310.030 Chairman, election of 28A.310.150 Delegation of powers by 28A.310.220 Educational service districts budget of, approval by 28A.310.390 funds disbursed upon order of 28A.310.410 Employees adverse change in contract status, procedure 28A.310.260 contracts with certificated employees, requirements 28A.310.250 leave policy requirements 28A.310.240 nonrenewal of contracts, procedure 28A.310.250 rights of former employees of county or intermediate superintendents or boards of education 28A.310.420 Leases extended terms for buildings, security systems, computers, and other equipment 28A.310.460 Leave policy requirements 28A.310.240 Local school district superintendents to advise 28A.310.430 Meetings regular and special 28A.310.200 who may call special 28A.310.200 Members commencement of terms 28A.310.060 elected from board-member district 28A.310.030 election certification of results 28A.310.100 contest of 28A.310.110 declaration of candidacy 28A.310.090 time, calling, notice 28A.310.080 number 28A.310.030, 28A.310.120 oath of office 28A.310.150 qualifications 28A.310.150 restricted from employment or service on local board, or service on state board 28A.310.070 terms 28A.310.040 travel expenses and subsistence, payment for 28A.310.160 vacancies, filling 28A.310.060, 28A.310.130 Nine member boards, terms 28A.310.050 Organization 28A.310.150 Payment of member expenses and dues into statewide association 28A.310.210 Powers and duties assisting superintendent of public instruction 28A.300.030 budgets of educational service districts, approval and certification 28A.310.390 bylaws, rules and regulations, own government, adopt 28A.310.200 compliance with rules and regulations 28A.310.180 contracts, employing consultants, legal counsel 28A.310.200 cooperative service programs 28A.310.180 depository and distribution center 28A.310.180 deputy and assistant educational service district superintendents and other staff, board approval of appointments 28A.310.230 direct student service program 28A.310.180 educational service district headquarters office, designation by 28A.310.310 educational service district superintendent’s bond, fixing 28A.310.200 personnel and clerical staff, assist in selection 28A.310.200, 28A.310.230 filling vacancies in school district directors 28A.310.200 joint purchasing programs 28A.310.180 leases, extended terms 28A.310.460 meetings, regular and special 28A.310.200 travel expenses and subsistence of superintendent, assistants, approval 28A.310.320 Quorum 28A.310.150 Return to seven member board 28A.310.120 Secretary, superintendent as 28A.310.270 Security systems leasing of 28A.310.460 Self-insurance 28A.310.440 Superintendent appointment, procedure 28A.310.170 Teachers’ institutes, directors’ meetings cooperation with state supervisor 28A.310.190 Vice chairman, election of 28A.310.150 EDUCATIONAL SERVICE DISTRICTS (See also SCHOOLS AND SCHOOL DISTRICTS) Actions against officers, employees or agents of school district, defense, costs, fees, payment of obligation 28A.320.100 Assistant superintendents, qualifications, appointment, duties 28A.310.230 Boards, See EDUCATIONAL SERVICE DISTRICT BOARD Boundaries, changes in 28A.310.020 Budgets adoption procedure requirements 28A.310.330 approval and certification by educational service district board of education 28A.310.200 approval by district board 28A.310.390 board of education travel expenses and subsistence paid from 28A.310.160 core services identification, purpose 28A.310.340 specified 28A.310.350 examination and revision by superintendent of public instruction 28A.310.370 formula of factors for preparation of budget requests 28A.310.360 rules and regulations for 28A.310.330 salaries of deputy superintendent, assistant superintendents and other staff from 28A.310.230 travel expenses and subsistence of superintendent, assistants, from 28A.310.320 Centers for improvement of teaching establishment and duties 28A.415.010 improvement of teaching coordinating council, establishment and duties 28A.415.010 Chief executive officer, superintendent as 28A.310.270 Contracts for services performed by classified employees health benefits to be similar to those available to school employees 28A.400.285 Cooperative and informational services authority to provide 28A.310.200 Core services formula of factors for preparation of budget requests 28A.310.360 purpose 28A.310.340 specified 28A.310.350 Creation 28A.310.020 Deputy superintendent, appointment, duties 28A.310.230 Educational service district institute fund, costs from teachers’ institutes, workshops and inservice training from 28A.415.010 (2008 Ed.) EGGS AND EGG PRODUCTS Employee attendance incentive program 28A.310.490 Employees actions against, defense, costs, fees, payment of obligation 28A.320.100 adverse change in contract status, procedure 28A.310.260 attendance incentive program remuneration or benefit plan for unused sick leave 28A.310.490 contracts with certificated employees, requirements 28A.310.250 fingerprint check, records of fingerprints 28A.400.306 insurance to protect and hold personally harmless 28A.320.060 job sharing 28A.405.070 leave policy 28A.310.240 leave sharing program establishment and administration 28A.400.380 nonrenewal of contracts, procedure 28A.310.250 record check through state patrol criminal identification system 28A.400.303 rights of former employees of county or intermediate superintendents or boards of education 28A.310.420 Funds district general expense fund 28A.310.370 expenditure, procedure 28A.310.370 investment of 28A.320.300 state funds, allocation to, procedure 28A.310.370 Headquarters office 28A.310.310 transfer of records to 28A.310.310 Health care insurance contracts for services performed by classified employees benefits to be similar to those available to school employees 28A.400.285 Health insurance premium reduction subsidy for retired or disabled employees 41.05.085 Industrial insurance self-insurers 51.14.150, 51.14.160 Information and research services, contracting for 28A.320.110 In-service training, allocation of funds 28A.415.040 Insurance to protect and hold personally harmless officers, employees or agent of school districts or educational service districts 28A.320.060 Intermediate school district board, See EDUCATIONAL SERVICE DISTRICT BOARD Investment of funds 28A.320.300 Job sharing 28A.405.070 Joint purchasing with school districts 28A.320.080 Juvenile inmates in adult correctional facilities, education programs Ch. 28A.193 Learning and life skills grant program for courtinvolved youth Ch. 13.80 Leave policy requirements 28A.310.240 Leave sharing program establishment and administration 28A.400.380 Legal service prosecuting attorney, authority to contract with 28A.310.400 superintendent responsible for 28A.310.400 Medical services through special education programs 74.09.5253, 74.09.5254, 74.09.5255, 74.09.5256 Number of, changes in 28A.310.020 Officers actions against, defense, costs, fees, payment of obligation 28A.320.100 insurance to protect and hold personally harmless 28A.320.060 (2008 Ed.) Principal internship support program 28A.415.270 rule making authority 28A.415.300 Property acquisition with borrowed funds 28A.310.200 Purpose 28A.310.010 Reading materials, obsolete, surplus, disposal of, procedure 39.33.070 School district to be in board-member district of educational service district 28A.310.140 Schools and school districts basic education allocation amount school districts entitled to 28A.150.250 Self-insurance 28A.310.440, 48.62.125 Special education programs, medical services 74.09.5253, 74.09.5254, 74.09.5255, 74.09.5256 State board of education delegation of board’s authority to districts 28A.310.480 Statewide plan as affecting 28A.310.020 Student teaching centers allocation of funds 28A.415.130 definitions 28A.415.105 field experiences 28A.415.140 legislative findings and intent 28A.415.100 network of centers, purpose 28A.415.125 rulemaking authority 28A.415.145 teacher placement, to act as alternative means of 28A.415.135 Superintendent adverse change in contract status, procedure 28A.310.260 appointment, procedure 28A.310.170 bond 28A.310.200 delegation of board powers to 28A.310.220 deputy superintendent, assistant superintendents, staff, appointment by 28A.310.230 district funds disbursed upon order of 28A.310.410 employees assistants’ traveling expenses and subsistence 28A.310.320 first class school districts, accounts and records of, inspection by 28A.330.090 instructional materials committee, as member of 28A.320.230 legal services, responsibility to provide 28A.310.400 local school district superintendents to advise 28A.310.430 nonhigh school district plan for capital fund aid to high school district, duties relating to 28A.540.050, 28A.540.060 notice to of change in office of school district superintendent or chairman of board 28A.330.210 office 28A.310.310 personnel and clerical staff 28A.310.200, 28A.310.230 powers and duties apportionment, duties 28A.510.260 assisting superintendent of public instruction 28A.300.030 board of supervisors, as member of 28A.335.270 distribution of funds to school districts by 28A.510.260 generally 28A.310.270, 28A.310.300 oaths and affirmations, administer and file 28A.310.290 record keeping 28A.310.280 reports 28A.310.280 recommendations on manuals, courses of study and rules and regulations 28A.310.200 reports to, private schools, reports from 28A.195.060 secretary of educational service district board 28A.310.270 special meetings of educational service district board of education, calling 28A.310.200 tax deferred annuities 28A.400.250 transportation, board and room, for students, authorization of payment for 28A.160.030 travel expenses and subsistence 28A.310.320 visually or hearing impaired youth, duties 72.40.070 Superintendent and program administrator internship support program 28A.415.280 rule making authority 28A.415.300 Superintendent of public instruction delegation of duties to districts 28A.310.470 Teachers’ institutes and workshops arrangements and expenses, duties regarding 28A.415.010 Technology, educational definitions 28A.650.010 education technology account 28A.650.035 educational technology advisory committee 28A.650.015 K-12 education statewide network, distribution of funds to expand 28A.650.030 K-12 education technology plan development and implementation 28A.650.015 legislative findings and intent 28A.650.005 regional educational technology support centers, distribution of funds to 28A.650.025 regional educational technology support centers and advisory councils 28A.650.020 rule making authority 28A.650.040 Textbooks, surplus, disposal 28A.335.180 Transportation, agreements with other governmental agencies to serve students and/ or public 28A.160.120 Treasurer, county treasurer shall be ex officio treasurer of the district, duties 28A.310.410 Wraparound model site 28A.310.202 EFFECTIVE DATE Emergency clause Const. Art. 2 § 1 Statutes Const. Art. 2 § 41 emergency clause Const. Art. 2 § 1 EGGS AND EGG PRODUCTS Administrative procedure act, application 69.25.040 Adulterated, condemnation and destruction 69.25.080 Agriculture, department director’s authority 69.25.120, 69.25.170 Assessments exclusions 69.25.290 monthly payment 69.25.270 prepayment by purchase of seals 69.25.260 proceeds, use 69.25.280 rate, applicability, and reports 69.25.250 Condemnation 69.25.240 Condemnation and destruction of adulterated eggs 69.25.080 Containers marking requirements 69.25.310 violations 69.25.310 Definitions 69.25.020 Egg products labeling 69.25.100 pasteurization 69.25.100 Embargo 69.25.190, 69.25.200, 69.25.210, 69.25.220, 69.25.230 Enforcement 69.25.150, 69.25.155 Exemptions from enforcement 69.25.170 Federal regulation, adoption by reference 69.25.030 Inspections 69.25.080, 69.25.090 Invoices, when required 69.25.320 Labeling 69.25.100 Licenses egg handlers or dealers 69.25.050, 69.25.060, 69.25.070 Nonhuman consumption denaturing or identification 69.25.130 [RCW Index—page 251] EJECTMENT AND QUIETING TITLE Plants entry of materials, limitation 69.25.180 sanitary operation required 69.25.090 Prohibited acts and practices 69.25.110 Records, requirements 69.25.140 Sale of as exempt from county peddlers’ licensing 36.71.010, 36.71.090 Seals imprint on containers or labels 69.25.260 State egg account, use 69.25.300 Storage, display, or transportation 69.25.320 Violations containers 69.25.310 embargo 69.25.190, 69.25.200, 69.25.210, 69.25.220, 69.25.230 interference with person performing official duties 69.25.155 notice of violation 69.25.160 penalties 69.25.150 EJECTMENT AND QUIETING TITLE Absence defendants, appointment of trustee for 7.28.010 service by publication against absent defendants 7.28.010 Actions known heirs after ten years possession, by 7.28.010 persons in possession against known heirs and persons presumed deceased 7.28.010 purchaser from defendant, against 7.28.220 quiet title and recover real property 7.28.010 Adverse possession action by known heirs after ten years possession to quiet title 7.28.010 color of title, counterclaim for permanent improvements and taxes paid 7.28.160 color of title and payment of taxes, action under 7.28.070 connected title deducible of record 7.28.050, 7.28.060 counterclaims for permanent improvements and taxes paid 7.28.160, 7.28.170, 7.28.180 exceptions as to public lands and persons under legal disabilities 7.28.090 vacant and unoccupied lands 7.28.080 persons under legal disability 7.28.090 public lands 7.28.090 Answers 7.28.130 Appearance, substitution of landlord in action against tenant 7.28.110 Assessments counterclaims for assessment paid by defendant 7.28.170 assessments paid 7.28.160 permanent improvements and taxes paid 7.28.180 Assignments, rents and profits appointment of receiver to protect 7.28.230 right to 7.28.230 Associations conflicting claims, generally 7.28.280 joinder of parties 7.28.280 Cancellation, appointment of trustee to cancel deed or conveyance 7.28.010 Cloud on title judgment to remove 7.28.010 personal property, removal from 7.28.310, 7.28.320 service by publication 7.28.010 Complaints, contents 7.28.120 Concealment, service by publication on concealed defendants 7.28.010 Conflicting claims, generally 7.28.280 Conveyances alienation of the property by defendant, effect of 7.28.220 appointment of trustee to cancel or make 7.28.010 mortgage deemed not, ejectment action 7.28.230 Conveyances common to separate parcels [RCW Index—page 252] conflicting claims, generally 7.28.280 joinder of parties 7.28.280 Corporations conflicting claims, generally 7.28.280 joinder of parties 7.28.280 Costs actions against tenant on failure to pay rent 7.28.250 vacation of judgment and granting of new trial 7.28.260 Cotenants, action between 7.28.240 Counterclaims permanent improvements and taxes paid 7.28.160, 7.28.170 permanent improvements and taxes paid by defendant 7.28.160, 7.28.180 Damages alienation of property by defendant 7.28.220 counterclaims for permanent improvements and taxes paid 7.28.180 limitation on recovery of by plaintiff 7.28.150 plaintiff’s right to possession expires before trial 7.28.190 withholding of property by defendant 7.28.150 Deeds, appointment of trustee for making or canceling of 7.28.010 Defendants appointment of trustee for absent defendant 7.28.010 counterclaim by defendant for permanent improvements and taxes paid 7.28.160 damages for withholding of property by 7.28.150 defenses of 7.28.120 pleading by 7.28.130 substitution of landlord in action against tenant 7.28.110 verdict for 7.28.140 Defenses, legal and equitable authorized 7.28.120 Deposits in court, actions against tenant on failure to pay rent 7.28.250 Description order for survey of property 7.28.210 pleadings, in 7.28.120 Donation claims 7.28.280 Entry actions against tenant on failure to pay rent 7.28.250 order for 7.28.210 order for to survey property 7.28.200 Evidence actions between cotenants 7.28.240 pleading requirements 7.28.130 quieting title against outlawed mortgage or deed of trust 7.28.300 Executions restitution on new trial 7.28.270 restitution on vacation of judgments and granting of new trial 7.28.270 Filing, lis pendens 7.28.260 Findings, counterclaims for permanent improvements and taxes paid, on 7.28.170 Foreclosure mortgagee’s action to recover possession 7.28.230 right to enter to collect rents and profits 7.28.230 quieting title where foreclosure barred by statute of limitations 7.28.300 rents and profits appointment of receiver to protect 7.28.230 authority 7.28.230 sales, mortgagee’s procedure to recover possession 7.28.230 Grants common to separate parcels, joinder of parties 7.28.280 Heirs action by known heirs after ten years possession 7.28.010 unknown heirs, quiet title action against 7.28.010 Improvements counterclaims for permanent improvements 7.28.170 permanent improvements and taxes paid 7.28.180 value of 7.28.160 exclusion of use of from damages 7.28.150 Interest actions against tenant on failure to pay rent 7.28.250 counterclaims for permanent improvements and taxes paid 7.28.160, 7.28.180 Joinder of parties authorized, when 7.28.280 Joint tenants, action by against cotenant 7.28.240 Judgments actions by known heirs after ten years possession to quiet title 7.28.010 by person in possession against unknown heirs and presumed deceased persons 7.28.010 to quiet title and recover real property 7.28.010 appointment of trustee to carry into effect 7.28.010 conclusive against landlord, when 7.28.130 counterclaims for permanent improvements and taxes paid 7.28.180 lis pendens, effect on 7.28.260 plaintiff’s right to possession expires before trial 7.28.190 quieting title against outlawed mortgage or deed of trust 7.28.300 Jurisdiction of superior courts 7.28.010 Landlord and tenant action against tenant in possession 7.28.010 action against tenant on failure to pay rent 7.28.250 judgments, effect 7.28.130 substitution of landlord in action against tenant 7.28.110 Leases, performance of in actions against tenant on failure to pay rent 7.28.250 Liens, quieting title against outlawed mortgage or deed of trust 7.28.300 Limitation of actions, quieting title against outlawed mortgage 7.28.050, 7.28.060 Limitation of actions, quieting title against outlawed mortgage or deed of trust 7.28.300 Lis pendens, effect of 7.28.260 Mortgages deemed not conveyance, ejectment action 7.28.230 quieting title against outlawed mortgage or deed of trust 7.28.300 rents and profits appointment of receiver to protect 7.28.230 deemed real property until mortgage paid 7.28.230 right of mortgage to enter for 7.28.230 right of mortgagee, pledge or assign 7.28.230 right of entry, right of mortgagee to enter for rents and profits 7.28.230 Motions, survey of property 7.28.200 Municipal corporations conflicting claims, generally 7.28.280 joinder of parties 7.28.280 New trial authorized, when 7.28.260 possession, effect on 7.28.270 Nonresidents defendants, appointment of trustee for 7.28.010 service by publication 7.28.010 Notices counterclaims for permanent improvements and taxes paid 7.28.180 lis pendens 7.28.260 order for survey of property 7.28.200 Orders of court counterclaim paid or unpaid 7.28.180 survey of property 7.28.200, 7.28.210 (2008 Ed.) ELECTIONS vacation of judgment and granting new trial 7.28.260 Parties defendants appointment of trustee for 7.28.010 counterclaims for permanent improvements and taxes paid 7.28.160 defenses of 7.28.120 pleading by 7.28.130 service by publication 7.28.010 substitution of landlord in action against tenant 7.28.110 verdict for 7.28.140 notice to of order for survey of property 7.28.200 plaintiffs action by known heirs after ten years possession to quiet title 7.28.010 complaints 7.28.120 damages for withholding of property by defendant 7.28.150 verdict for 7.28.140 service on of order for survey of property 7.28.210 Patents to land 7.28.280 Payment actions against tenant on failure to pay rent 7.28.250 judgment on counterclaims 7.28.180 Personal property, quieting title to 7.28.310, 7.28.320 Pleadings answer 7.28.130 substitution of landlord in action against tenant 7.28.110 complaints, contents 7.28.120 counterclaims for permanent improvements and taxes paid 7.28.170 Presumptions, donation claims 7.28.280 Private corporations conflicting claims, generally 7.28.280 joinder of parties 7.28.280 Public lands, donation claims 7.28.280 Referees, report on counterclaims for permanent improvements and taxes paid 7.28.170 Rents and profits actions against tenant on failure to pay rent 7.28.050 deemed real property until paid 7.28.230 Restitution execution of on new trial 7.28.270 vacation of judgments and grant of new trial, on 7.28.270 Service absent defendants 7.28.010 concealed defendants 7.28.010 defendant cannot be found within state 7.28.010 nonresident defendant 7.28.010 order for survey of property 7.28.210 publication, by 7.28.010 Setoffs, counterclaims for permanent improvements and taxes paid 7.28.180 Show cause order for survey of property 7.28.200 Statutes common to separate parcels, joinder of parties 7.28.280 Summons, service by publication 7.28.010 Superior courts appointment of trustee for absent or nonresident defendant 7.28.010 judgment and action by known heirs after ten years possession to quiet title 7.28.010 jurisdiction 7.28.010 Superior title prevails 7.28.120 Surveys, order for survey of property 7.28.200, 7.28.210 Taxation counterclaims for permanent improvements and taxes paid 7.28.180 taxes paid 7.28.160 taxes paid by defendant 7.28.170 Tenants in common (2008 Ed.) action against cotenants 7.28.240 judgment of, when 7.28.180 Trials, counterclaims for permanent improvements and taxes paid 7.28.170 Trustees, appointment for absent or nonresident defendant 7.28.010 United States donation law donation claims 7.28.280 joinder of parties 7.28.280 Vacation of judgments authorized, when 7.28.260 possession, effect on 7.28.270 Vendors and purchasers, action against purchasers from defendant of quiet title and ejectment proceedings 7.28.220 Verdicts 7.28.140 counterclaims for permanent improvements and taxes paid 7.28.170 plaintiff’s right to possession expires before trial 7.28.190 Waste, counterclaims for permanent improvements and taxes paid 7.28.180 ELDERLY (See DEPENDENT ADULTS; SENIOR CITIZENS) ELECTED OFFICIALS (See PUBLIC OFFICERS AND EMPLOYEES) ELECTIONS Absentee voting challenges 29A.40.140 date ballots available, mailed 29A.40.070 delivery of ballot, qualifications for 29A.40.080 envelopes and instructions 29A.40.091 issuance of ballot, other material 29A.40.061 observers 29A.40.100 ongoing absentee status 29A.40.040 out-of-state, overseas, service voters 29A.40.150 processing incoming ballots 29A.40.110 record of requests, public access 29A.40.130 report of count 29A.40.120 request for single absentee ballot 29A.40.020 request on behalf of family member 29A.40.030 special absentee ballots 29A.40.050 when permitted 29A.40.010 Advertising identification of sponsor 42.17.510 independent expenditures disclosure statement 42.17.550 picture of candidate 42.17.520 Air pollution control, excess tax levy 70.94.091 Annexation cultural arts, stadium and convention districts 67.38.080 Apportionment congressional, See CONGRESSIONAL DISTRICTS AND APPORTIONMENT Ballots and other voting forms arrangement of instructions, measures, offices 29A.36.161 ballot title appeal 29A.36.060 constitutional measures 29A.36.020, 29A.36.030 local measures 29A.36.071, 29A.36.080, 29A.36.090 notice of 29A.36.040 statewide question 29A.36.050 certifying primary candidates 29A.36.010, 29A.36.011 disqualified candidates, nonpartisan elections 29A.36.180 names on election ballots 29A.36.201 names on primary ballot 29A.36.101 nonpartisan candidates, general elections 29A.36.171 order of candidates 29A.36.131 order of offices and issues 29A.36.121 partisan candidates, general elections 29A.36.191 partisan primary ballots formats 29A.36.104 statements, required 29A.36.106 printing and distributing materials, expense of 29A.36.220 property tax levies, ballot form 29A.36.210 provisional and absentee ballots 29A.36.115 regional transportation investment districts, regional transit authority 29A.36.230 sample ballots 29A.36.151 top two candidates, general election 29A.36.170 uniformity, arrangement, contents 29A.36.111 Campaigns, See CAMPAIGN FINANCING; PUBLIC DISCLOSURE Canvassing absentee ballots 29A.60.160 abstract by election officer 29A.60.230 audit of results 29A.60.180 ballot containers, sealing and opening 29A.60.120 certificate not withheld for informality in returns 29A.60.130 certification of results 29A.60.190 certification reports 29A.60.235 conduct of elections, canvass 29A.60.010 counting center, proceedings 29A.60.170 county canvassing board canvassing procedure, penalty 29A.60.200 member a candidate, procedure 29A.60.150 membership 29A.60.140 credit for voting, ballot retention 29A.60.180 damaged ballots 29A.60.125 electronic voting devices, records 29A.60.095 poll-site ballot counting devices, results 29A.60.060 provisional ballots, disposition 29A.60.195 recanvass, generally 29A.60.210 rejection of ballot or parts 29A.60.040 returns, precinct and cumulative 29A.60.070 sealing of voting devices 29A.60.080 secretary of state, duties 29A.60.240 statewide measures, canvass of 29A.60.250 stickers or printed labels, votes by 29A.60.100 tabulation continuous 29A.60.030 tie, primary or final election 29A.60.221 unsigned absentee or provisional ballots 29A.60.165 validity of ballot, questions on 29A.60.050 voting systems, maintenance of documents 29A.60.090 write-in voting, declaration of candidacy 29A.60.021 Cemetery districts, See CEMETERY DISTRICTS Cities and towns, See CITIES AND TOWNS; CITIES—OPTIONAL MUNICIPAL CODE Civil rights, restoration of certified copies of instruments restoring civil rights as evidence to restoration 5.44.090 Congressional representatives constitutional provision as to Const. Art. 27 § 13 Congressional districts, See CONGRESSIONAL DISTRICTS AND APPORTIONMENT Constitution, Washington, See Index to Constitution Vol. O Constitutional amendments United States Constitution, See CONSTITUTION, UNITED STATES Constitutional convention Const. Art. 23 § 2 Contesting an election affidavit of error or omission 29A.68.030 commencement by registered voter 29A.68.020 costs, how awarded 29A.68.060 election set aside, appeal period 29A.68.120 hearing, date and issuance of citation 29A.68.040 hearing, witness to attend 29A.68.050 illegal votes 29A.68.090, 29A.68.100, 29A.68.110 [RCW Index—page 253] ELECTIONS misconduct of election board 29A.68.070, 29A.68.080 prevention and correction of frauds and errors 29A.68.011 Counties, See COUNTIES county roads and bridges bond issues, See COUNTY ROADS AND BRIDGES, subtitle Bond issues diking districts, See DIKING AND DRAINAGE, subtitle Diking districts fire protection districts, See FIRE PROTECTION DISTRICTS, subtitle Elections Crimes and penalties ballots unauthorized examination, revealing information 29A.84.420 unlawful appropriation, printing, or distribution 29A.84.410 canvassing and certifying ballot count, divulging 29A.84.730 documents regarding nomination, election, candidacy 29A.84.711 officers, violations generally 29A.84.720 returns and posted copy of results, tampering with 29A.84.740 filing for office, declarations, and nominations candidacy declarations, nominating petitions 29A.84.311 duplicate, nonexistent, untrue names 29A.84.320 general provisions irregularities, report of suspicions 29A.84.010 mail ballots, violations and penalty 29A.84.030 officers, violations by 29A.84.020 political advertising, removing or defacing 29A.84.040 petitions and signatures corrupt practices 29A.84.220, 29A.84.250 duplication of names, conspiracy 29A.84.270 officers, penalties 29A.84.240 officers, violations by 29A.84.210 paid petition solicitors, legislative findings 29A.84.280 petitions, improperly signing 29A.84.261 signers, penalties 29A.84.240 signers, violations by 29A.84.230 polling place acts prohibited in vicinity of 29A.84.510 ballots, removing from 29A.84.540 electioneering by election officers 29A.84.520, 29A.84.525 machines and devices, tampering with 29A.84.560 materials, tampering with 29A.84.550 refusing to leave voting booth 29A.84.530 registration disenfranchisement or discrimination 29A.84.120 misuse, alteration of data base 29A.84.150 officials’ violations 29A.84.110 tampering with form or ballot 29A.84.050 unqualified registration 29A.84.140 voters’ violations 29A.84.130 voting absentee ballots 29A.84.680 bribes, hindering or bribing voter 29A.84.620 bribes, solicitation by voter 29A.84.640 recording, deceptive or incorrect 29A.84.610 repeaters 29A.84.650, 29A.84.655 unlawful acts by voters 29A.84.670 unqualified persons voting 29A.84.660 withhold vote, influencing voter to 29A.84.630 Crimes or penalties ballots paper record, removal 29A.84.545 Disability access voting [RCW Index—page 254] federal and state requirements, compliance 29A.46.130 in-person, definition of 29A.46.030 location, definition of 29A.46.010 locations and hours 29A.46.120 period, definition of 29A.46.020 vote by mail impact 29A.46.260 when allowed 29A.46.110 Elective offices - qualifications, terms, and requirements general provisions declarations of candidacy, preservation of 29A.20.010 filing, qualifications for 29A.20.021 local elected officials, commencement of term 29A.20.040 local officers, beginning of terms 29A.20.030 nominations, minor party and independent candidate certificate of nomination, checking signatures 29A.20.191 certificate of nomination, multiple 29A.20.171 certificate of nomination, requisites 29A.20.161 convention, notice 29A.20.131 convention, requirements for validity 29A.20.141 declarations of candidacy, required 29A.20.201 definitions - convention and election jurisdiction 29A.20.111 nominating petition, requirements 29A.20.151 nomination by convention or write-in 29A.20.121 presidential electors, selection 29A.20.181 Electors and voters absence of certain persons not to affect rights as Const. Art. 6 § 4 age Const. Art. 6 § 1 age requirements 26.28.015 citizenship qualification Const. Art. 6 § 1 disqualification conviction of infamous crimes Const. Art. 6 §3 conviction of subversive act, bars right to vote 9.81.040 criminals Const. Art. 6 § 3 exempt from military duty on election day Const. Art. 6 § 5 incapacitated or incompetent persons 11.88.010, 11.88.090 majority vote as required for approval of measures submitted to popular vote Const. Art. 2 § 1 presidential elections Const. Art. 6 § 1A privilege from arrest, when Const. Art. 6 § 5 qualifications Const. Art. 6 § 1 recall of public officer, percentage of voters required for petition Const. Art. 1 § 33, Const. Art. 1 § 34 residence qualification Const. Art. 6 § 1, Const. Art. 6 § 4 secrecy in voting, secured by legislature Const. Art. 6 § 6 Employer’s duty to provide time to vote 49.28.120 Federal, See ELECTIONS, subtitle Congressional; ELECTIONS, subtitle Presidential electors Felons voting rights acknowledgment of loss 10.64.140 cancellation, restoration 29A.08.520 Filing for office declaration of candidacy candidates names, nicknames 29A.24.060 electronic filing 29A.24.040 fees and petitions 29A.24.091, 29A.24.101, 29A.24.111 filing required 29A.24.030, 29A.24.031 locations for filing 29A.24.070 mail, filing by 29A.24.081 times for filing, certain offices 29A.24.050 withdrawal 29A.24.120, 29A.24.131 lapse when no filing for single position 29A.24.201, 29A.24.211 lapses, scheduled 29A.24.191 partisan elective office, vacancy in 29A.24.210 position numbers, designation of 29A.24.010 terms, designation of 29A.24.020 void in candidacy exception 29A.24.141 filing to fill in 29A.24.161 notice of 29A.24.151 reopening of filing 29A.24.171, 29A.24.181 water-sewer district 29A.24.220 write-in voting, candidates 29A.24.311, 29A.24.320 Flood control districts, See FLOOD CONTROL, subtitle Districts—1937 act Generally administration administrators, training of 29A.04.540 appeals 29A.04.520 assistance and clearinghouse program, election 29A.04.590 board, election administration and certification 29A.04.510 complaint procedures 29A.04.525 denial of certification - review and appeal 29A.04.550 review, county auditor and review staff 29A.04.580 review, county election procedures 29A.04.570 review, election review section 29A.04.560 secretary of state, duties 29A.04.530 visits to election offices, facilities 29A.04.575 costs account, election 29A.04.440 constituencies, costs borne by 29A.04.410 interest on reimbursement 29A.04.430 local government grant program 29A.04.450, 29A.04.460, 29A.04.470 state share 29A.04.420 definitions ballot and related terms 29A.04.008 canvassing 29A.04.013 counting center 29A.04.019 county auditor 29A.04.025 disabled voter 29A.04.037 election 29A.04.043 election board 29A.04.049 election officer 29A.04.055 elector 29A.04.061 filing officer 29A.04.067 general election 29A.04.073 infamous crime 29A.04.079 mailing, date of 29A.04.031 major political party 29A.04.086 measures 29A.04.091 minor political party 29A.04.097 out-of-state voter 29A.04.103 overseas voter 29A.04.109 partisan office 29A.04.110 poll-site ballot counting device 29A.04.115 precinct 29A.04.121 primary 29A.04.127, 29A.04.128 qualified 29A.04.133 recount 29A.04.139 registered voter 29A.04.145 residence 29A.04.151 scope 29A.04.001 service voter 29A.04.163 short term 29A.04.169 special election 29A.04.175 provisions county auditor, duties 29A.04.216, 29A.04.220 county auditors, election laws for 29A.04.235 (2008 Ed.) ELECTIONS electronic facsimile documents 29A.04.255 foreign languages, information in 29A.04.240 manual, election laws and rules 29A.04.236 public disclosure reports 29A.04.225 registration required for voting, exception 29A.04.210 rights, voters’ 29A.04.206 secretary of state as chief election officer 29A.04.230 state policy 29A.04.205 toll-free media and web page 29A.04.250 voter guide 29A.04.245 rule-making authority board, powers and duties 29A.04.630 secretary of state, rules 29A.04.611, 29A.04.620 times for holding elections city, town, district general and special exceptions 29A.04.330 primaries 29A.04.310, 29A.04.311 state and local general, statewide, special county 29A.04.321 Initiative and referendum, state ballot title and summary appeal to superior court 29A.72.080 formulation and display, title and ballot 29A.72.050 formulation by attorney general 29A.72.060 mailed to proponents and others 29A.72.090 notice 29A.72.070 printing ballot titles and short descriptions on ballots 29A.72.290 filing 29A.72.010, 29A.72.030 fiscal impact statements 29A.72.025 numbering 29A.72.040 petitions acceptance or rejection by secretary of state 29A.72.170 filing, time for 29A.72.160 to legislature, form 29A.72.110 to legislature, rejected initiative treated as referendum bill 29A.72.260, 29A.72.270, 29A.72.280 to legislature, review of signature count determination 29A.72.240 paper, size, and contents 29A.72.100 to people, form 29A.72.120 referendum, form 29A.72.130 refusal to accept, review of 29A.72.180, 29A.72.190, 29A.72.200 signatures, number necessary 29A.72.150 signatures, verification and canvass of 29A.72.230 to voters, certificates of sufficiency 29A.72.250 warning statement 29A.72.140 review 29A.72.020 tax legislation, advisory vote on 29A.72.283, 29A.72.285 Instant runoff voting pilot project application of election laws 29A.53.040 ballot specifications, directions 29A.53.080 definitions 29A.53.030 finding, intent 29A.53.010 local option 29A.53.070 pilot project, intent 29A.53.020 tabulation of ballots 29A.53.050 voting conditions, limitations 29A.53.060 voting devices and counting methods, changes 29A.53.090 Irrigation districts, See IRRIGATION DISTRICTS Legislature members, See LEGISLATURE Mail ballots contents, counting 29A.48.060 depositing ballots, replacement ballots 29A.48.040 mail ballot counties and precincts 29A.48.010 odd-year primaries 29A.48.030 return of voted ballots 29A.48.050 special elections 29A.48.020 Nuclear waste site disapproval, election for (2008 Ed.) ballot title 29A.88.050 costs 29A.88.030 effect of vote 29A.88.060 findings 29A.88.010 notification of auditors, application of laws 29A.88.040 special election date, setting of 29A.88.020 Political parties authority, generally 29A.80.011 county central committee 29A.80.030 legislative district chair 29A.80.061 precinct committee officer 29A.80.041, 29A.80.051 rule-making authority 29A.80.010 state committee 29A.80.020 Polling place elections and poll workers general provisions ballot pick, delivery, and transportation 29A.44.050 booths 29A.44.060 double voting prohibited 29A.44.090 electronic voting devices, paper records 29A.44.045 interference with voter 29A.44.010 list, who has and who has not voted 29A.44.020 official ballots 29A.44.040 polls, opening and closing times 29A.44.070, 29A.44.080 taking papers into booth 29A.44.030 poll workers clerks, appointment 29A.44.420 compensation 29A.44.530 judges and inspector, appointment 29A.44.410 nomination, election board 29A.44.430 oaths of officers 29A.44.490, 29A.44.500, 29A.44.510, 29A.44.520 precinct election officers, duties 29A.44.460 precinct election officers, one set 29A.44.450 vacancies, procedure to fill 29A.44.440 poll-site ballot counting devices delivery and sealing 29A.44.320 failure of device 29A.44.350 incorrectly marked ballots 29A.44.340 initialization 29A.44.310 memory packs 29A.44.330 procedures casting vote 29A.44.221 closing time, voters in polling place allowed to vote 29A.44.260 disabled voters 29A.44.240 electronic voting device, use 29A.44.225 flag, duty to display 29A.44.170 identification required 29A.44.205 inspection of voting equipment 29A.44.160 instructions and information 29A.44.140 issuing ballot to voter, challenge 29A.44.201 officers, arrival time 29A.44.150 opening the polls, announcement 29A.44.180 precinct lists, delivery 29A.44.120 precinct lists, return after election 29A.44.290 provisional ballot after polls close 29A.44.265 provisional ballots 29A.44.207 record of participation 29A.44.231 signature required, procedure if unable 29A.44.210 supplies, additional 29A.44.130 supplies, delivery 29A.44.110 tabulation of paper ballots before close of polls 29A.44.250 unused ballots 29A.44.270, 29A.44.280 voting devices, examination 29A.44.190 Port districts, See PORT DISTRICTS Precinct and polling place determination and accessibility intent, accessibility for elderly and disabled persons 29A.16.010 notice of accessibility 29A.16.170 polling places accessibility required, exceptions 29A.16.150 alternative polling places or procedures 29A.16.020 costs for modifications or alternatives 29A.16.030 facilities, use of county, municipality, or special district 29A.16.120 inaccessible, auditors’ list 29A.16.140 located outside precinct 29A.16.110 public buildings, use of 29A.16.130 precincts boundaries, number of voters 29A.16.040, 29A.16.050 combining or dividing, election boards 29A.16.050 review and recommendations, disabled voters 29A.16.160 Primaries and elections intent, legislative 29A.52.106 no primary election to fill unexpired term 29A.52.010, 29A.52.011 nonpartisan primaries local primaries 29A.52.210, 29A.52.220 nonpartisan offices specified 29A.52.231 special election to fill unexpired term 29A.52.240 notices and certificates certificates of election 29A.52.360, 29A.52.370 constitutional amendments and state measures, notice content 29A.52.340 election, certification of measures 29A.52.351 nominees, certificate of 29A.52.321 primary, notice of 29A.52.311 partisan primaries application of chapter, exceptions 29A.52.111, 29A.52.116 ballot format, procedures 29A.52.151 blanket primary authorized 29A.52.130 general election laws govern primaries 29A.52.121 instructions 29A.52.141 one vote per voter 29A.52.161 top two candidates 29A.52.112 superior court judges Const. Art. 4 § 29 Public utility districts, See PUBLIC UTILITY DISTRICTS Recall generally Ch. 29A.56 Recounts amended abstracts 29A.64.061 application for 29A.64.011 deposit of fees, notice of location 29A.64.030 expenses 29A.64.081 limitation 29A.64.070 mandatory 29A.64.021 notice, time and location of recount 29A.64.030 partial recount requiring complete recount 29A.64.050 recounting the votes, observers 29A.64.041 statewide measures 29A.64.090, 29A.64.100 Redistricting boundary information 29A.76.020 counties, municipal corporations, and special purpose districts 29A.76.010 maps and census correspondence lists 29A.76.040 precinct boundary change 29A.76.030 Representatives, See LEGISLATURE, subtitle House of representatives School district provisions applicable to all districts Ch. 28A.320 bond issues generally, See SCHOOLS AND SCHOOL DISTRICTS bonds for land, buildings, and equipment Ch. 28A.530 educational service district board Ch. 28A.310 [RCW Index—page 255] ELECTIVE FRANCHISE first and second class districts Ch. 28A.330 notice of 28A.400.030 organization and reorganization of districts Ch. 28A.315 real property sale, election required 28A.335.120 special meetings of voters at 28A.320.440 Senators, See LEGISLATURE, subtitle Senate Sewer districts, See WATER-SEWER DISTRICTS Soil and water conservation districts, See CONSERVATION DISTRICTS, subtitle Elections Special circumstances elections constitutional amendment conventions delegates, declaration of candidacy 29A.56.460 delegates, election of 29A.56.430, 29A.56.470, 29A.56.480, 29A.56.490 delegates, number and qualifications 29A.56.450 expenses, payment of 29A.56.530 federal statutes controlling 29A.56.540 governor’s proclamation calling convention 29A.56.410, 29A.56.420 meeting, organization 29A.56.500 quorum, proceedings and record 29A.56.510 result, certification and transmittal of 29A.56.520 time and place 29A.56.440 presidential electors compensation 29A.56.350 date of election, number of electors 29A.56.310 meeting, time and procedure 29A.56.340 nomination 29A.56.320 returns, counting and canvassing 29A.56.330 slate of electors 29A.56.360 presidential primary allocation of delegates, party declarations 29A.56.050 ballot, names included 29A.56.030 costs 29A.56.060 date 29A.56.020 intent 29A.56.010 procedures, ballot form and arrangement 29A.56.040 recall ballot synopsis 29A.56.130 canvass and verification of signatures 29A.56.200 canvassing petition, time of canvass 29A.56.190, 29A.56.200 conduct of elections, ballot contents 29A.56.250 determination by superior court 29A.56.140 enforcement provisions 29A.56.270 fraudulent names, record of 29A.56.240 initiating proceedings 29A.56.110 insufficient recall petition, destruction of 29A.56.230 petition, form 29A.56.160 petition, size 29A.56.170 petition, where filed 29A.56.120 petition charges, response to 29A.56.220 recall election, fixing date for 29A.56.210 result, ascertaining the 29A.56.260 signatures, number required 29A.56.180 supporting signatures, filing 29A.56.150 State board of education, See STATE BOARD OF EDUCATION Vacancies congress 29A.28.041, 29A.28.050, 29A.28.061 death or disqualification, caused by 29A.28.021 major political party, caused by no filing 29A.28.011 precinct committee officer 29A.28.071 senators, United States 29A.28.030 Voters and registration cancellations [RCW Index—page 256] death 29A.08.510 felons, restoration 29A.08.520 incapacitation, guardianship 29A.08.515 records preservation 29A.08.540 challenges basis for 29A.08.810 county auditor duties 29A.08.840 publishing of 29A.08.835 registration, forms for challenge of 29A.08.850 times for filing 29A.08.820 definitions information required for voter registration 29A.08.010 mailing, date and method 29A.08.020 notices, various 29A.08.030 person, political purpose 29A.08.040 forms application, format 29A.08.220 application, information required 29A.08.210 furnished by secretary of state 29A.08.250 oath of applicant 29A.08.230 supply and distribution 29A.08.260 general provisions alternative forms of identification 29A.08.113 closing files, notice 29A.08.140 count of registered voters 29A.08.130 county auditor, duties 29A.08.105 county auditor, procedures 29A.08.110 late registration, special procedures 29A.08.145 no link between voter and ballot choice 29A.08.161 nontraditional address 29A.08.112 official list 29A.08.105 party affiliation not required 29A.08.166 records, county copy and data base 29A.08.125 registration, expense of 29A.08.150 registration by mail 29A.08.120 registration electronically 29A.08.123 review by secretary of state 29A.08.107 transmittal of forms to secretary of state 29A.08.115 updating information 29A.08.135 list maintenance active or inactive categories 29A.08.615 confirmation notices 29A.08.635, 29A.08.640 dual registration or voting detection 29A.08.610 inactive or canceled voters, voting by 29A.08.625 inactive status, assignment to 29A.08.620 inactive to active status 29A.08.630 information services board, consultation 29A.08.785 registration data base, voter 29A.08.651 registration list maintenance 29A.08.605 state and county list interchange 29A.08.780 statewide list, use and maintenance of 29A.08.775 motor voter and registration at state agencies address changes, licensing department 29A.08.360 administrative duties - secretary of state, licensing department, county auditors 29A.08.350 designated agencies 29A.08.320, 29A.08.330 driver’s license application, registration with 29A.08.340 state offices, colleges 29A.08.310 public access to registration records accuracy and currency of lists, records concerning 29A.08.770 computer file of registered voters 29A.08.760 information furnished, restrictions 29A.08.720 original and automated files 29A.08.710 violations, penalties 29A.08.740 transfers and name changes address change within county, telephone transfer 29A.08.410 name change, voter 29A.08.440 transfer on election day 29A.08.430 transfer to another county 29A.08.420 Voters’ pamphlets local administrative rules 29A.32.230 arguments 29A.32.280 authorization 29A.32.210 candidates, when included 29A.32.250 contents 29A.32.241 cost 29A.32.270 mailing 29A.32.260 notice of production 29A.32.220 publication date Const. Art. 2 § 1 state amendatory style 29A.32.080 arguments 29A.32.060, 29A.32.090, 29A.32.100 campaign materials deceptively similar to voters’ pamphlets 29A.32.020 candidates’ statements, length 29A.32.121 constitutional amendments and state measures, notice of 29A.32.050 contents 29A.32.031 even year primary contents 29A.32.036 explanatory statements 29A.32.040 format and layout 29A.32.070 party preference 29A.32.032 photographs 29A.32.110 printing and distribution 29A.32.010 Voting systems acceptance test 29A.12.070 approval required 29A.12.050 authority for use 29A.12.010 ballot format, record of 29A.12.110 blind or visually impaired voter accessibility 29A.12.160 definition 29A.12.005 disabled voter accessibility 29A.12.160 election officials 29A.12.120 examination, submission for 29A.12.030 independent evaluation 29A.12.040 information services board, consultation 29A.12.170 inspection and testing 29A.12.020 maintenance and operation 29A.12.060 operating procedures, publication of 29A.12.140 paper record 29A.12.085 recording requirements 29A.12.150 single district and precinct 29A.12.090 vote tallying systems, approval requirements 29A.12.101 vote tallying systems, programming tests 29A.12.130 voting device, approval requirements 29A.12.080 Water districts, See WATER-SEWER DISTRICTS ELECTIVE FRANCHISE Persons excluded from Const. Art. 6 § 3 Qualifications of voters Const. Art. 6 § 1 Subversive act, conviction of bars right to vote 9.81.040 ELECTRIC CODE Cities and towns, adoption by reference 35.21.180 ELECTRIC JOINT OPERATING AGENCIES (See JOINT OPERATING AGENCIES) ELECTRICAL BOARD (See ELECTRICITY) (2008 Ed.) ELECTRICITY ELECTRICAL COMPANIES (See PUBLIC UTILITIES, subtitle Electrical companies) ELECTRICAL CONTRACTORS (See ELECTRICIANS) ELECTRICAL POWER FACILITIES AND RESOURCES (See ELECTRICITY; POWER FACILITIES AND RESOURCES) ELECTRICAL TRANSMISSION LINES City streets, franchises along 80.32.010 County roads, franchises along 36.55.010, 80.32.010 Franchises and rights of way, See PUBLIC UTILITIES, subtitle Electric franchises and rights of way Franchises and rights of way for construction and maintenance of 80.32.010 Franchises to construct along state highways 47.44.010 Irrigation districts, powers in regard to 87.03.015 Port district toll facilities, construction and maintenance along 53.34.010 Public utility districts power to build and maintain 54.16.060 privilege tax, imposition additional tax imposed 54.28.020 Underground utilities, location, damage Ch. 19.122 ELECTRICAL UTILITIES (See also PUBLIC UTILITIES, subtitle Electrical utilities; PUBLIC UTILITY DISTRICTS) Acquisition by public utility districts, taxation 54.28.120 Apparatus use and construction rules Ch. 19.29 Carbon dioxide mitigation generally Ch. 80.70 Cities and towns joint undertakings with public utility districts 35.92.280, 35.92.290, 35.92.300, 35.92.310 Cities and towns, See also CITIES AND TOWNS, subtitle Electrical utilities Consumer protection for retail customers definitions 19.29A.010 disclosure requirements 19.29A.020, 19.29A.030 exceptions for small utility, voluntary compliance encouraged 19.29A.040 Contracts between electric utilities, authorized Ch. 54.48 Duplication against public policy Ch. 54.48 Employees certificate of competency exemption 19.28.261 electrical licensing requirement, exemptions 19.28.091 installation, repair, or maintenance of equipment owned by utility 19.28.101 Energy independence act accountability, enforcement 19.285.060 conservation and renewable energy targets 19.285.040 definitions 19.285.030 intent 19.285.010 policy 19.285.020 reporting, public disclosure 19.285.070 resource costs 19.285.050 rule making 19.285.080 Franchise fee prohibited 35.21.860 Fuel mix disclosure alternative energy resources, purchase 19.29A.090 format 19.29A.060 information coordinator 19.29A.080 requirements 19.29A.050 work group 19.29A.070 Greenhouse gas emissions baseload electric generation performance standard Ch. 80.80 (2008 Ed.) Inspection certificate required before connecting service 19.28.101 Irrigation districts, powers in regard to 87.03.015 multidistrict operating authorities, separate legal entities 87.03.018 Net metering of electricity availability to customers 80.60.020 charges to customer-generator 80.60.020 definitions 80.60.010 energy measurement, calculation 80.60.030 safety, power quality, and interconnection requirements 80.60.040 unused kilowatt-hour credit 80.60.030 Public utility districts acquisition of property 54.16.020 county-wide districts, rights of acquisition 54.32.040 Residential buildings payments to owners by utilities for construction complying with code 19.27A.035 Resource plans consumer-owned utilities 19.280.050 definitions 19.280.020 department duties, report 19.280.060 development, requirements 19.280.030 investor-owned utilities 19.280.040 legislative intent 19.280.010 Tax and fee authorized for administrative cost 35.21.860 Taxation Ch. 84.12 cities and towns limitations 35.21.865 6%, exception 35.21.870 Underground, conversion to cities and towns Ch. 35.96 counties 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480 Underground utilities, location, damage Ch. 19.122 Vegetation cutting or removal, liability 64.12.035 Work permit, connection permitted if displayed at each installation 19.28.101 ELECTRICIANS Certificate of competency application 19.28.181 continuing education 19.28.211 denial for outstanding penalties 19.28.381 equipment repair specialty, scope of work 19.28.095 examination certification of results 19.28.201 contents, fees, and times 19.28.201 eligibility 19.28.191 exemptions 19.28.261 issuance 19.28.161 issuance, renewal, fees 19.28.211 labor and industries, department director’s powers and duties 19.28.251 persons engaged in business or trade on effective date 19.28.221 revocation 19.28.241 trainee hours, verification 19.28.171 violations, schedule of penalties, appeal 19.28.271 Electrical contractors bond or cash deposit 19.28.071 definitions 19.28.006 general and specialty contractors 19.28.041 liability for injury or damage 19.28.361 licenses administrator’s or master electrician’s examination 19.28.061 bond or cash deposit 19.28.041 denial for outstanding penalties 19.28.381 examinations 19.28.051 exclusive jurisdiction of state 19.28.041 exemptions 19.28.091 fees 19.28.041 revocation or suspension 19.28.341 permits not issued to nonlicensees 19.28.081 workers’ compensation coverage 19.28.041 Electrical training certificate issuance 19.28.161 trainee hours, certification 19.28.171 Installation licenses for installers, exemptions 19.28.091 Temporary permits 19.28.231 Violations, schedule of penalties, appeal 19.28.131 ELECTRICITY (See also POWER FACILITIES AND RESOURCES; PUBLIC UTILITIES, subtitle Electrical companies; PUBLIC UTILITY DISTRICTS) Apparatus use and construction rules Ch. 19.29 Appliances and products energy efficiency standards Ch. 19.260 Carbon dioxide mitigation generally Ch. 80.70 Cities and towns code 35.21.180 electrical inspectors 19.28.321 enforcement powers 19.28.321 higher standards may be imposed 19.28.010 inspections, applicability to certain cities and towns 19.28.141 permits not permitted to nonlicensees 19.28.081 power to increase indebtedness for Const. Art. 8§6 water systems electricity generation 35.92.010, 35.92.070 water conservation 35.92.010 Consumer protection for retail customers Ch. 19.29A County roads and bridges, franchises on 36.55.010 Electric franchises and rights of way, See PUBLIC UTILITIES, subtitle Electric franchises and rights of way Electrical board arbitration of rules disputes between municipalities and state 19.28.021 membership, powers and duties 19.28.311 nonconforming installations, disputes 19.28.111 requests for ruling, fee, cost 19.28.121 revocation or suspension of license 19.28.341 Electrical code applicability 19.28.010 exceptions 19.28.010 Electrical license fund 19.28.351 Electrical rule disputes between state and municipalities 19.28.021 Employee safety rules Ch. 19.29 Hazardous waste disposal PCB waste 70.105.105 Hydroelectric generation development irrigation districts legislative intent 87.03.013 Inspections accessibility 19.28.101 concealment 19.28.101 connection without inspection when work permit displayed 19.28.101 disconnection permitted 19.28.101 electrical inspectors 19.28.321 exemptions 19.28.101 fees 19.28.101 installation, repair, or maintenance of equipment owned by utility 19.28.101 mobile homes 19.28.101 notice to repair or change 19.28.101 report 19.28.331 requirements 19.28.101 utilities must require inspection certificate before connecting 19.28.101 Installation definitions 19.28.006 electrical inspectors 19.28.321 enforcement powers 19.28.321 [RCW Index—page 257] ELECTROLOGY AND TATTOOING general requirements 19.28.010 licenses, See ELECTRICITY, subtitle Licenses for installers nonconforming installations, disputes 19.28.111 residential buildings moved without change in occupancy classification 19.27.180 standards and rules, adoption 19.28.031 telegraph companies, exception 19.28.151 telephone companies, exception 19.28.151 Irrigation districts fixing of rates 87.28.090 multidistrict operating authorities, separate legal entities 87.03.018 power in regard to 87.03.015 sale of 87.03.450 Joint operating agencies, See POWER FACILITIES AND RESOURCES, subtitle Joint operating agencies Low-income energy assistance termination of utility heating service city-owned utility 35.21.300 limitation 80.28.010 limitations 54.16.285 Manhole safety rules Ch. 19.29 Medical devices, compliance with requirements 19.28.371 National electrical code, when applicable 19.28.010 Net metering Ch. 80.60 Pacific northwest electric power and conservation planning council Ch. 43.52A Power lines construction and use rules Ch. 19.29 Privilege tax for generation, distribution and sale additional tax imposed 54.28.020 thermal electric generating facilities additional tax imposed 54.28.025 Public assistance energy assistance allowance 74.08.046 Public utility districts immunity from good faith mistakes and errors of judgment 54.12.110 powers in regard to 54.16.040 privilege tax additional tax imposed 54.28.020 thermal electric generating facilities additional tax imposed 54.28.025 Reclamation districts of one million acres or more Ch. 89.30 Rights of way of state highways inspections, applicability 19.28.141 Steam electric generating plants, See POWER FACILITIES AND RESOURCES, subtitle Steam electric generating plants Taxation sale of electrical energy for resale, exemption 82.04.310 Telecommunications, See TELECOMMUNICATIONS, subtitle Systems installations Termination of utility heating service city procedure 35.21.300 limitations 35.21.300, 80.28.010 Transmission lines, See ELECTRICAL TRANSMISSION LINES Underground utilities, location, damage Ch. 19.122 Utilities civil immunity for good faith mistakes 35.21.415 Violations, schedule of penalties, appeal 19.28.131 Water works piping connection, permission required 19.28.010 Wholesale power defined 54.04.100 Wholesale power, See also PUBLIC UTILITY DISTRICTS, subtitle Electrical power facilities Wiring requirements 19.28.010 ELECTROLOGY AND TATTOOING Applications to minors a misdemeanor 26.28.085 [RCW Index—page 258] Compliance 70.54.350 Definitions 70.54.330 Findings 70.54.320 Rules, sterilization 70.54.340 ELECTRONIC ACCESS TO PUBLIC RECORDS (See RECORDS AND DOCUMENTS) ELECTRONIC EQUIPMENT Service contracts Ch. 48.110 ELECTRONIC MAIL (See E-MAIL) ELECTRONIC MEDIA Television channel blocking devices, availability required 19.188.020 time/channel locks, availability required 19.188.020 Videos and video games minors’ access to violent videos and games, library policy formulation 19.188.030 video game rating system information regarding 19.188.040 violent video or computer games, sale to minors 9.91.180 ELECTRONIC MESSAGES Digital signatures electronic authentication act Ch. 19.34 ELECTRONIC PRODUCT RECYCLING Account 70.95N.130 Administrative and operational costs 70.95N.300 Annual reports 70.95N.140 Collection service 70.95N.090 Covered electronic sampling 70.95N.110 Definitions 70.95N.020 Equivalent share calculation 70.95N.200 payment 70.95N.220 rules, fees, reports 70.95N.230 Federal preemption 70.95N.340 Legislative findings 70.95N.010 Materials management and financing authority board of directors 70.95N.290 employees 70.95N.330 establishment 70.95N.280 general operating plan 70.95N.320 use of funds 70.95N.310 Nonprofit charitable organizations, report 70.95N.150 participation, manufacturer 70.95N.030 Plans independent, requirements 70.95N.050, 70.95N.060, 70.95N.070, 70.95N.080 standard, requirements 70.95N.060, 70.95N.070, 70.95N.080 Preliminary return share 70.95N.210 Processor compliance 70.95N.250 Promotion 70.95N.120 Registration collector, transporter, processor 70.95N.240 manufacturer 70.95N.040 Reports 70.95N.270 Return share calculation 70.95N.190 Sale of products 70.95N.160, 70.95N.170 Successor duties 70.95N.100 Violations, penalties 70.95N.260 Web site 70.95N.180 ELEVATORS Port districts acquisition and operation of facilities 53.08.020 eminent domain for, against district property 22.16.040 ELEVATORS, ESCALATORS AND DUMBWAITERS Cities and towns, authority for local improvement projects 35.43.040 ELEVATORS, LIFTING DEVICES, AND MOVING WALKS Accidents inspection and investigation following 70.87.190 notification of supervisor of safety 70.87.190 procedure 70.87.190 reports 70.87.190 Appeals 70.87.170 Application of act 70.87.110 Arbitration for dispute resolution municipalities and department 70.87.205 Attorney general powers 70.87.036 Cities and towns arbitration for dispute resolution with department 70.87.205 exemptions to jurisdiction 70.87.200 Construction, installation, etc. acceptance tests 70.87.100 inspection tests 70.87.100 responsibility for operation 70.87.060 Conveyances subject to act privately and publicly owned 70.87.040 County, exemption from local control 70.87.050 Definitions 70.87.010 Department of labor and industries, jurisdiction over installations in state, county or political subdivision buildings 70.87.050 Department powers 70.87.034 Exempted conveyances, jurisdiction 70.87.200 Exemptions, state, county or political subdivision owned buildings 70.87.050 Fees 70.87.030 Hearings upon noncompliance appeals 70.87.170 Inspections 70.87.100, 70.87.120 Installation permits 70.87.080 Installation standards 70.87.030 Investigation powers of department 70.87.034, 70.87.120 Jurisdiction 70.87.200 Labor and industries, department of administration and rulemaking authority 70.87.030 Lawsuits for damages caused by failure or malfunction conformity with safety regulation 70.87.020 Liability, state 70.87.260 Licenses categories, rules 70.87.280 contractor 70.87.230, 70.87.240, 70.87.250 exemptions 70.87.270 material lift mechanic 70.87.245 mechanic 70.87.230, 70.87.240, 70.87.250 private residence conveyances 70.87.305 suspension or revocation 70.87.125 Operating permits 70.87.090 Operation and maintenance during construction, installation, etc., responsibility 70.87.060 report of unsafe conditions, discontinuance of operations 70.87.120 Orders to discontinue operation hearings, appeals 70.87.170 procedure 70.87.145 Penalties for violation of chapter 70.87.185 Permits suspension or revocation 70.87.120, 70.87.125 hearings 70.87.170 Permits for construction, alteration, etc., operation without 70.87.180 injunction 70.87.140 Purpose of act 70.87.020 Resolution of disputes by arbitration municipalities and department 70.87.205 Rules, effective date 70.87.290 Rules and regulations American standard safety code for elevators, dumbwaiters and escalators, conformity with 70.87.020 penalties 70.87.185 violations 70.87.180 Safety advisory committee 70.87.220 Serial number 70.87.070 (2008 Ed.) EMERGENCY MANAGEMENT State buildings, exemption of local regulation 70.87.050 State general fund, fees deposited in 70.87.210 Subpoena power of department 70.87.034 Violations 70.87.180 ELIGIBILITY Judges of supreme and superior courts, qualifications Const. Art. 4 § 17 ineligible to other offices Const. Art. 4 § 15 Members of legislature Const. Art. 2 § 7 limitation on offices held by Const. Art. 2 § 13 State officers, qualifications Const. Art. 3 § 25 ELK (See WILDLIFE) E-MAIL Commercial messages blocking by interactive computer service, immunity from liability 19.190.050 consumer protection act, violations 19.190.030, 19.190.040 definitions 19.190.010 unpermitted or misleading messages prohibited 19.190.020 Cyberstalking 9.61.260 Personally identifying information civil actions 19.190.090 preemption of local laws 19.190.110 violation of chapter 19.190.080 violation of consumer protection act 19.190.100 EMANCIPATION OF MINORS (See MINORS, subtitle Emancipation) EMBALMERS AND EMBALMING (See FUNERAL DIRECTORS AND EMBALMERS) EMBEZZLEMENT Administrator action by administrator for embezzlement against estate 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 County officers, failing to pay over fees 36.18.170 Executor action by executor for embezzlement against estate 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 Personal representatives action by for embezzlement against estate 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 Probate action for 11.48.060 recovery procedure 11.48.060 revocation of letters 11.28.250 Proof of ownership of property, sufficiency of 10.58.060 State treasurer, penalty 43.08.140 EMERGENCIES (See also ENERGY, subtitle Energy supply emergencies, alerts; STATE OF EMERGENCY) Cities and towns expenditures, creation of special fund 35.32A.060 Counties, county commissioners’ expenditures nondebatable 36.40.180, 36.40.190 subject to hearing 36.40.140, 36.40.150, 36.40.160, 36.40.170 Emergency care, medical care, or transportation persons rendering, immunity from liability 4.24.300 Emergency care or transportation compensation, defined 4.24.310 definitions 4.24.310 emergency care, defined 4.24.310 (2008 Ed.) good samaritans, free infectious disease testing 70.05.180 scene of an emergency, defined 4.24.310 Hostage or barricade situation service disruption, telephone company immunity from liability 70.85.120 telephone communication 70.85.100 applicable law 70.85.130 telephone company assistance 70.85.110 Housing programs 43.63A.645 Party line telephones, yielding of line for definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency penalty 70.85.030 Telecommunication device installation for access to emergency services 70.54.180 Telephone, yielding of party line definitions 70.85.010 Telephone services accessibility from all phones 43.17.230 Telephones, yielding of party line refusal, penalty 70.85.020 request for line on pretext of emergency penalty 70.85.030 EMERGENCY CLAUSE Reduces time of taking effect of legislative act Const. Art. 2 § 1 EMERGENCY MANAGEMENT 911 emergency communications network, statewide enhanced system automatic location identification 38.52.505 counties, implementation and funding duties 38.52.510 enhanced 911 account, creation and uses 38.52.540 enhanced 911 advisory committee 38.52.530, 38.52.532 implementation and operation 38.52.030 state enhanced 911 coordination office, establishment and duties 38.52.520, 38.52.525 uniform national standards 38.52.535 211 information system health and human services Ch. 43.211 Administration of program transferred from department of community, trade, and economic development to military department 38.52.930 Civil service employees status while on emergency management duty 38.52.140 Claims arising from emergency management related activities compensation boards established for processing claims 38.52.210, 38.52.220, 38.52.230, 38.52.240, 38.52.250 consideration, adjustment, or settlement, effect 38.52.207 contents and filing 38.52.205 right of action against third party 38.52.300 Classification, coverage, and registration of emergency workers 38.52.310 Community, trade, and economic development, department of transfer of emergency management powers and duties to military department 38.52.930 Compensation for injuries or death of emergency management worker act exclusive remedy 38.52.190 additional benefits 38.52.340 authorized, when 38.52.260 compensation boards established for processing claims 38.52.320 compensation boards established for processing of claims 38.52.210, 38.52.220, 38.52.230, 38.52.240, 38.52.250 expenditures and appeals 38.52.330 federal benefits 38.52.350, 38.52.380 liability of state and political subdivisions 38.52.200 medical, surgical, or hospital treatment 38.52.360, 38.52.370 minors 38.52.270 payment, limitation 38.52.280 workers’ compensation, applicability 38.52.290 Comprehensive plan 38.52.030 Contracts or work on cost basis 38.52.390 Definitions 38.52.010 Director energy facility site evaluation council member 80.50.030 Disaster response account 38.52.105 Disasters, state of emergency, See STATE OF EMERGENCY Emergency communications systems and information immunity from civil liability for businesses, companies, and individuals 38.52.550 Emergency management assistance compact Ch. 38.10 Emergency management council, membership and duties 38.52.040 Employees, volunteers benefits rights preserved 38.52.180 liability 38.52.180 Enemy attack, continuity of government Ch. 42.14 Federally owned area, applicability of plan 38.52.170 Fire service mobilization, state, See STATE PATROL, subtitle Fire protection Funding of expenses and acceptance of services 38.52.100 Funds, emergency management organization may require matching funds 38.52.160 Governor’s powers and duties 38.52.050 Hazard emergency planning, military department duties 38.52.030 Hazardous liquid and gas pipeline accidents first responders, preparedness 43.44.130, 48.48.160 Impressment of citizenry into service 38.52.110 Intoxication-caused emergency response recovery of costs from convicted person 38.52.430 Law enforcement mobilization, state, See STATE PATROL, subtitle Law enforcement mobilization, state Liability for loss or injury architect or engineer exempt from liability when serving as volunteer emergency worker 38.52.1951 assumption by state 38.52.180 exemption while providing construction, equipment, or work 38.52.195 mine rescue or recovery work 38.52.198 Local organizations for emergency management, establishment, operation, and coordination with comprehensive state plan and program 38.52.070 Matching of funds from political subdivision may be required 38.52.160 Military department administration of comprehensive emergency management program 38.52.005 director’s powers and duties 38.52.030 transfer of emergency management powers and duties to department 38.52.930 Mine rescue or recovery work, immunity from liability 38.52.198 Mine rescue plan, duties regarding development of comprehensive state plan 38.52.037 Minors, entitled to compensation benefits 38.52.270 Mutual aid and interlocal agreements 38.52.091 Nisqually earthquake account 38.52.106 Nuclear attack 38.52.170 Oil and hazardous substance spill prevention and response Ch. 90.56 Political activity prohibited 38.52.120 [RCW Index—page 259] EMERGENCY MEDICAL SERVICE DISTRICTS Political subdivisions rendering outside aid, rights, immunities, and liabilities for costs 38.52.080 Powers and duties of military department 38.52.030 Radioactive and hazardous waste emergency response programs, coordination 38.52.030 Rules and regulations enforcement 38.52.150 Search and rescue activities funds, distribution for compensation and reimbursement of volunteers 38.52.410 powers and duties of local officials 38.52.400 Services and facilities, use of existing 38.52.110 Spills, oil and hazardous materials model contingency plan 38.52.420 State of emergency, See STATE OF EMERGENCY Statewide first responder building mapping information system 36.28A.060, 36.28A.070, 36.28A.080 Violations 38.52.150 EMERGENCY MEDICAL SERVICE DISTRICTS Powers and governance 36.32.480 EMERGENCY MEDICAL SERVICES (See also AMBULANCE SERVICES) 911 emergency communications network, statewide enhanced system automatic location identification 38.52.505 counties, implementation and funding duties 38.52.510 enhanced 911 advisory committee 38.52.530, 38.52.532 state enhanced 911 coordination office, establishment and duties 38.52.520, 38.52.525 uniform national standards 38.52.535 Administrative procedure 18.73.200 Aid vehicles personnel requirements 18.73.170 stretchers and personal mobility devices, use of 18.73.260 use restrictions 18.73.170 AIDS education and training for personnel 70.24.260 Ambulances licenses, issuance, duration, revocation 18.73.140 licenses, when required, exceptions 18.73.130 personnel requirements 18.73.150 Certificate of advanced first aid qualification 18.73.120 Cities and towns ambulances and first aid equipment, authority to operate 35.23.456 urban emergency medical service districts authorized in certain cities and towns 35.21.762 County operation 36.01.095 Death, See NATURAL DEATH ACT Definitions 18.71.200, 18.73.030 Emergency communications systems and information immunity from civil liability for businesses, companies, and individuals 38.52.550 Emergency medical services and trauma care system Ch. 70.168 Emergency medical services licensing and certification advisory committee membership and operation 18.73.040 powers and duties 18.73.050 Epinephrine, authority to administer 18.73.250 Financial assistance, counties authorized to furnish political subdivisions 36.32.470 Good samaritans, free infectious disease testing 70.05.180 Head injury prevention helmet removal, training of emergency medical personnel required 43.70.430 Liability for acts or omissions 18.71.210 [RCW Index—page 260] License requirements, exceptions 18.73.130 Medical program directors certification 18.71.212 immunity from civil liability 18.71.215 termination and delegation of authority 18.71.213 Motor vehicle sale or lease emergency medical services fee 46.12.042 Natural death directives, quidelines for response 43.70.480 Optical strobe lights restricted use 46.37.190 Other transportation vehicles, when permitted 18.73.180 Paramedics certification 18.71.205 Personnel certification standards and requirements 18.71.205 Preemption of authority by state 18.73.020 Requirements secretary of health, duties 18.73.081 variance 18.73.101 Uniform disciplinary act, application 18.71.205, 18.73.240 Unlawful practices, penalty 18.73.190 Urban emergency medical service districts authorized in certain cities and towns 35.21.762 EMERGENCY MEDICAL SERVICES AND TRAUMA CARE SYSTEM Analysis of system 70.168.030 Councils local creation 70.168.120 powers and duties 70.168.120 regional creation 70.168.120 disbursement of funds to 70.168.130 grants to nonprofit agencies 70.168.130 powers and duties 70.168.120 Data registry, statewide 70.168.090 Definitions 70.168.015 Emergency medical services and trauma care system trust account 70.168.040 Establishment 70.168.050 Gifts and other payments, application for and use of, authorized 70.168.050 Health department duties, timelines 70.168.060 rulemaking authority 70.168.050 Legislative finding 70.168.010 Planning and service regions designation 70.168.110 Prehospital trauma care providers immunity from civil liability, conditions and limitations 70.168.140 verification of compliance with standards, granting of variance 70.168.080 Quality assurance programs, regional, organization and duties 70.168.090 Regional councils duties 70.168.100 establishment 70.168.100 Steering committee 70.168.020 Trauma care providers designation of 70.168.070 Trauma care services, grant program 70.168.135 EMERGENCY SERVICE COMMUNICATION DISTRICTS 911, excise tax on telephones Ch. 82.14B EMERGENCY VEHICLES Definitions authorized emergency vehicle 46.04.040 Equipment sales of equipment to person who may not lawfully use prohibited 46.37.195 Equipment requirements, penalty for violations 46.37.188 Limited access highways 47.52.120 Sirens, whistles or bells for 46.37.380 Tow trucks red lights, use of 46.37.196 EMINENT DOMAIN Acquisition of highway property in advance of programmed construction by eminent domain 47.12.180, 47.12.190 property for toll bridge purposes where improvement of existing bridge and construction of new bridge as single project 47.58.080 Air space corridors costs, award on abandonment or defeat of condemnation proceedings 8.25.073 Airports airport zoning, for 14.12.220 county roads and bridges 36.85.020 department of transportation, power of 47.68.100, 47.68.120 Appeal and review interest on verdict suspended during pendency of appeal 8.28.040 Appraisals order for production and exchange of conclusions 8.25.120 Attorney fees air space corridor, award on abandonment or defeat of condemnation proceedings 8.25.073 award to condemnee 8.25.070 award to condemnee or plaintiff 8.25.075 Canal companies 81.36.010 Cemetery districts 68.52.200, 68.52.210 Cities and towns adjournments 8.12.160 appeal and review 8.12.200 assessments assessment districts 8.12.280 assessment roll 8.12.290 certification 8.12.360 continuance of hearing on 8.12.320 hearing and notice 8.12.300 judgments 8.12.350 modification 8.12.340 objections to 8.12.330 service of process 8.12.310 board of eminent domain commissioners 8.12.270, 8.12.280 commissioners to make, appointment and duties 8.12.240 delinquent collection 8.12.470, 8.12.480 payment and redemption 8.12.490 treasurer’s liability 8.12.500 lien of assessment, enforcement 8.12.520 notice of assessment 8.12.380 payment 8.12.370 petition for assessment 8.12.240 reassessment 8.12.510 regrade assessments 8.12.550 authority 8.12.030 board of eminent domain commissioners 8.12.260, 8.12.270, 8.12.280 bonds authority to issue and sell 8.12.390 bondholder’s remedy for nonpayment, limitations 8.12.450 collection, enforcement by bond owner 8.12.440 installment payment of assessments 8.12.420, 8.12.430 issuance, conditions 8.12.400 payment 8.12.460 sale, application of proceeds 8.12.410 bridges, for 47.24.030 buildings damages 8.12.140 change of ownership, powers of court 8.12.170 commissioners to make assessment appointment and duties 8.12.240 community renewal 35.81.080 compensation determination of 8.12.100 findings 8.12.190 (2008 Ed.) EMINENT DOMAIN interested party brought in 8.12.120 ordinance to specify means of payment 8.12.040 several interests, separate findings 8.12.150 subsequent compensation for property taken or damaged 8.12.540 title vests upon payment 8.12.210 continuances 8.12.160 hearing on assessment rule 8.12.320 costs 8.12.200 damages buildings 8.12.140 determination of 8.12.100 findings 8.12.190 interested party brought in 8.12.120 ordinance to specify means of payment 8.12.040 several interests, separate findings 8.12.150 subsequent compensation for property taken or damaged 8.12.540 title vests upon payment 8.12.210 definitions 8.12.010, 8.12.020 discontinuance of proceedings 8.12.530 electrical energy facilities beyond city limits 35.84.020 limitation upon 35.84.030 findings 8.12.190 first class cities, general power 35.22.280 hearing, assessment roll 8.12.300 continuance 8.12.320 objections 8.12.330 service of process 8.12.310 housing authorities, power 35.82.110 improvements advancement from general funds against assessment 8.12.250 payment by special assessment 8.12.230 payment from general fund 8.12.220 petition for assessment 8.12.240 indebtedness improvements, contracting for 8.12.250 interested party brought in 8.12.120 interpleader of adverse claimants 8.12.150 judgments and decrees 8.12.160, 8.12.200 assessment roll 8.12.350 jury separate juries 8.12.100 view of premises 8.12.130 waiver 8.12.090 lien of assessment enforcement 8.12.520 limited access streets, acquisition of land, by 47.52.050 lowlands, filling 35.55.040, 35.56.050 measure of damages buildings 8.12.140 metropolitan municipal corporations 35.58.320 military purposes 8.04.170, 8.04.180 multi-purpose community centers, for 35.59.050 notice assessments 8.12.380 hearing on assessment roll 8.12.300 petition for condemnation 8.12.070 objections hearing on assessment roll 8.12.330 ordinances 8.12.040 ownership, change of, powers of court 8.12.170 parkways, drives, and boulevards 35.21.190 payment assessments 8.12.370 award into court 8.12.200 improvements, advance from general funds against assessment 8.12.250 improvements, by special assessment 8.12.230 improvements, from general fund 8.12.220 title vests upon 8.12.210 petition for condemnation 8.12.050 contents 8.12.060 (2008 Ed.) service when state, school, or county lands involved 8.12.080 summons and service 8.12.070 public passenger transportation services, metropolitan municipal corporations 35.58.250 public use, adjudication of 8.12.090 purposes 8.12.030 regrade assessments 8.12.550 second class cities 8.12.560, 35.23.311 power of 35.23.440 service petition for condemnation 8.12.070 state, school, or county lands involved 8.12.080 service of process hearing on assessment roll 8.12.310 several interests, separate findings 8.12.150 streets and alleys wharves and bridges for state highway purposes 47.24.030 title vests upon payment 8.12.210 towns 35.27.380 trial 8.12.100 new trial 8.12.160 verdict 8.12.160 City in adjoining state authority to condemn watershed property 8.28.050 Colleges and universities 28B.10.020 Compensation interest rate established, suspension during pendency of appeal 8.28.040 pretrial statement of settlement offer 8.25.010 costs of evaluating offer, payment 8.25.020 Compensation, payment before taking Const. Art. 1 § 16 Corporate property and franchises subject to Const. Art. 12 § 10 Corporations adjournment of proceedings 8.20.060 appellate review 8.20.100, 8.20.120 work not to be delayed by, conditions 8.20.130 claimants, payment of 8.20.110 compensation action without suit to oust corporation allowed 8.20.170 conflicting claims 8.20.110 damages payment 8.20.100 decree of appropriation 8.20.090 judgment 8.20.090 notice petition for appropriation 8.20.020 ouster action for compensation without suit to oust corporation allowed 8.20.170 condemnation to avoid 8.20.150, 8.20.160 petition for appropriation 8.20.010 notice, service requirements 8.20.020 prior entry with consent condemnation avoids ouster 8.20.150 private way of necessity 8.20.070 private way of necessity, adjudication of 8.20.070 public use, adjudication of 8.20.070 railway right-of-way through canyon, pass, or defile 8.20.140 service petition for appropriation 8.20.020 three-year occupancy condemnation avoids ouster 8.20.160 trial 8.20.080 Corporations, by appropriation of private property for right-ofway Const. Art. 1 § 16 damages jury determination Const. Art. 1 § 16 juries and jurors waiver of for ascertaining compensation Const. Art. 1 § 16 warehouse and elevator corporations Ch. 22.16 Costs air space corridor, award on abandonment or defeat of condemnation proceedings 8.25.073 award to condemnee or plaintiff 8.25.075 Counties appeal and review 8.08.080 public use, entry of order adjudicating 8.08.040 authorized for general county purposes 8.08.010 compensation determination 8.08.050 costs, payment of 8.08.070 damages decree of appropriation 8.08.060 determination 8.08.050 decree of appropriation 8.08.060 federal improvements, appropriation in aid of 8.08.090 indebtedness 8.08.120 mode of appropriation 8.08.100 tax levy to pay costs 8.08.110 indebtedness in aid of federal or state improvements 8.08.120 judgments appeal and review 8.08.080 decree of appropriation 8.08.060 jury 8.08.050 limitations 8.08.130 military purposes 8.04.170, 8.04.180 mode of appropriation 8.08.100 orders public use, entry of order adjudicating 8.08.040 petition 8.08.010 notice of presentation 8.08.030 public use, declaration of 8.08.020 public use, entry of order adjudicating 8.08.040 state improvements, appropriation in aid of 8.08.090 indebtedness 8.08.120 mode of appropriation 8.08.100 tax levy to pay costs 8.08.110 tax levy to pay costs in aid of federal and state improvements 8.08.110 trial 8.08.050 Counties, by acquisition of for park, greenbelt, etc., purposes 36.34.340 damages determination of jury to determine Const. Art. 1 § 16 flood control 86.12.030 limited access roads, acquisition of land for by 47.52.050 County road improvement districts, power of 36.88.310 County roads and bridges dike roads, construction of 36.81.110 limited access roads 47.52.050 right-of-way 36.85.010 service districts 36.83.090 Damages interest rate established, suspension during pendency of appeal 8.28.040 Diking and drainage districts Const. Art. 1 § 16 improvement projects 85.08.190 taking of private property for private use Const. Art. 1 § 16 Diking districts, general powers 85.05.070 Diking or drainage district commissioners 85.07.170 Drainage districts general powers 85.06.070 power of 85.06.690 Electric franchises and rights of way, exercise of eminent domain powers 80.32.060 Electrical companies, by, See PUBLIC UTILITIES, subtitle Electrical companies [RCW Index—page 261] EMINENT DOMAIN Fees air space corridor, award on abandonment or defeat of condemnation proceedings 8.25.073 award of attorney and witness fees to condemnee 8.25.070 award of attorney and witness fees to condemnee or plaintiff 8.25.075 Final actions notice 8.04.005, 8.08.005, 8.12.005, 8.16.005, 8.25.290 final actions notice 8.20.005 Fire protection districts 52.12.041, 52.12.051 Flood control districts, See FLOOD CONTROL Gas companies 80.28.220, 80.28.230 Guardian ad litem appointment for minor or incapacitated person 8.25.270 Highway, road, or street construction set off for benefit to remaining property 8.25.210, 8.25.220, 8.25.230, 8.25.240, 8.25.250, 8.25.260 Highway and toll facilities acquisition of highway property in advance of programmed construction 47.12.190 property for toll bridge purposes where improvement of existing bridge and construction of new bridge as single project, condemnation authorized 47.58.080 city or town streets, wharves and bridges 47.24.030 court priority 47.12.044 generally 47.12.010 limited access highways, streets, or county roads, acquisition of land for by 47.52.050 railroad crossings 81.53.180 relocating displaced facility of United States, municipal or political subdivisions of the state, department of transportation may exercise powers of condemnation for 47.12.150 rights of way across public lands for erection of toll bridges, action to determine compensation 47.56.100, 47.56.110 toll bridge purposes, rights of way for may be acquired by condemnation 47.56.090, 47.56.100, 47.56.110 Housing authority, powers 35.82.110 Housing for state offices, departments and institutions 43.82.030 Industrial development districts 53.25.190 Intercounty diking and drainage districts, generally 85.24.260, 85.24.261, 85.24.263, 85.24.265 Irrigation district properties, cities and towns 35.92.190 Irrigation districts, generally 87.03.140, 87.03.150 Joint county flood control, powers of 86.13.040 Joint operating agencies, powers of 43.52.300, 43.52.391 Jury required for ascertainment of compensation in eminent domain Const. Art. 1 § 16 Limited access highways, streets, or county roads, acquisition of land for by 47.52.050 Local and other improvements and assessments against public lands to pay cost of lowland filling, power of eminent domain 35.55.040, 35.56.050 Logging roads obligation to carry products of condemnees 8.24.040 Metropolitan park districts, general power in regard to 35.61.130 Military lands proceedings against 8.28.030 Military purposes state acquisition of property 8.04.180 state acquisition of property for 8.04.170 Mining corporations 78.04.010, 78.04.020 [RCW Index—page 262] Multi-purpose community centers, for acquisition of 35.59.050 Municipal airports, joint operations 14.08.200 Notice final actions 8.04.005, 8.08.005, 8.12.005, 8.16.005, 8.20.005, 8.25.290 publication 4.28.120 Oil and gas pipeline companies definitions 81.88.020 Orders appraisers’ conclusions, order for production and exchange of 8.25.120 Park and recreation service areas 36.68.555 Parks and recreation, generally 67.20.010 Port district property, warehouse and elevator right of eminent domain against, limitation 22.16.040 Port districts determination of marginal land status 53.25.210 power of 53.08.010, 53.25.190 Private use, taking of property for Const. Art. 1 § 16 Private way of necessity authority 8.24.010 condemnation procedure 8.24.030 corporations 8.20.070 costs 8.24.030 definition 8.24.010 fees 8.24.030 joinder of surrounding owners 8.24.015 logging road obligation to carry products of condemnees 8.24.040 selection of route 8.24.025 Public hospital districts 70.44.060 Public use adjudication as to Const. Art. 1 § 16 necessity of Const. Art. 1 § 16 Public utility districts electrical power facilities 54.04.100 power and water facilities 54.16.020, 54.16.030, 54.16.040, 54.16.050, 54.20.010 Public water systems valuation 8.25.280 Public waterway districts Ch. 91.08 Public waterway districts, See also PUBLIC WATERWAY DISTRICTS Rail districts 36.60.070 Railroad property, right of eminent domain for warehouses and elevators against, limitation 22.16.040 Railroads, by authority 81.36.010 power of 81.36.010 railroad crossings 81.53.180 Real estate acquisition policy rule-making authority 8.26.085 Real property registered land, effect as to 65.12.400 Real property acquisition policy acquisition procedures 8.26.180 buildings, structures, and improvements, acquisition of 8.26.190 contracts for services 8.26.095 definitions 8.26.020 expenses related to transfer of right, title, or interest to acquiring agency, payment 8.26.200 funds, use of 8.26.105 homeowners, payment for replacement housing 8.26.045 housing availability, assurance of 8.26.075 moving and related expenses, payment 8.26.035 payments not considered income or resources 8.26.115 purposes and scope 8.26.010 relocation assistance advisory services 8.26.065 rights and liabilities not created 8.26.205 tenants, payment for replacement housing 8.26.055 Registered land 65.12.610 Relocating displaced facility of United States, municipal or political subdivisions of the state, department of transportation may exercise powers of eminent domain for 47.12.150 Relocation assistance advisory services 8.26.065 contracts for services 8.26.095 definitions 8.26.020 funds, use of 8.26.105 homeowners, payment for replacement housing 8.26.045 housing availability, assurance of 8.26.075 moving and related expenses, payment 8.26.035 payments not considered income or resources 8.26.115 purposes and scope 8.26.010 rule-making authority 8.26.085 tenants, payment for replacement housing 8.26.055 Rights of way across public lands for erection of toll bridges, action to determine compensation 47.56.100, 47.56.110 Rights of way to be compensated for Const. Art. 1 § 16 School districts adjournment of proceedings 8.16.040 appellate review 8.16.130 appropriation, decree of 8.16.110 authority 8.16.010 compensation 8.16.080 payment 8.16.110 costs 8.16.120 hearing 8.16.050 judgment 8.16.110 jury 8.16.060 view of premises 8.16.070 waiver 8.16.100 necessity, finding of 8.16.050 notice petition, service of 8.16.030 parties, designation of 8.16.150 petition 8.16.020 notice, service of 8.16.030 possession not delayed by appeal 8.16.140 trial 8.16.070 verdict 8.16.080, 8.16.090 School districts, by acreage limitation 28A.335.220 authority of board of school directors 28A.335.220 limitation on acreage 28A.335.220 School lands, against railroads and canal companies, authority 81.36.010 Settlement of land, public use in taking property for Const. Art. 1 § 16 Settlements pretrial statement of settlement offer 8.25.010 costs of evaluating offer, payment 8.25.020 State adequacy of payment, determination of 8.04.092 adjournment of proceedings 8.04.060 appeal and review damages 8.04.130, 8.04.150 public use, entry of order adjudicating 8.04.070 awards, payment into court 8.04.160 buildings damages to, determination of 8.04.112, 8.04.114 claimants, payment of 8.04.140 compensation adequacy of payment, determination of 8.04.092 claimants, payment of 8.04.140 consolidation of cases for assessment of 8.04.100 (2008 Ed.) EMPLOYER AND EMPLOYEES order to direct determination of 8.04.080 several ownerships, selection of single jury to assess 8.04.099 trial to assess just compensation and damages 8.04.094, 8.04.110 conflicting claims, determination of 8.04.140 consolidation of actions against several ownerships 8.04.097 costs payment into court 8.04.160 damages appellate review 8.04.150 buildings 8.04.112, 8.04.114 claimants, payment of 8.04.140 consolidation of cases for assessment of 8.04.100 judgment or decree of appropriation 8.04.120 order to direct determination of 8.04.080 payment into court 8.04.160 payment of 8.04.130 several ownerships, selection of single jury to assess 8.04.099 trial to assess just compensation and damages 8.04.094, 8.04.110 decree of appropriation 8.04.094, 8.04.120 judgments decree of appropriation 8.04.094, 8.04.120 jury adequacy of payment, determination of 8.04.092 several ownerships, selection of single jury 8.04.099 trial to assess just compensation and damages 8.04.094, 8.04.110 just compensation and damages, trial to assess 8.04.094, 8.04.110 military purposes 8.04.170, 8.04.180 notice requirements 8.04.020 orders immediate possession 8.04.090 public use, entry of order adjudicating 8.04.070, 8.04.098 petition for appropriation 8.04.010 possession order for immediate possession 8.04.090 public use, entry of order adjudicating 8.04.070, 8.04.098 compensation and damages, order to direct determination of 8.04.080 several ownerships consolidation into one action 8.04.097 public use, entry of order adjudicating 8.04.098 selection of single jury 8.04.099 tender, payment into court 8.04.090 trials adequacy of payment, determination of 8.04.092 assessment of just compensation and damages 8.04.094, 8.04.110 consolidation of cases 8.04.100 State, by acquisition of highway property in advance of programmed construction by eminent domain 47.12.180, 47.12.190 property for toll bridge purposes where improvement of existing bridge and construction of new bridge as single project 47.58.080 airports department of transportation 47.68.120 city or town streets, wharves and bridges for state highway purposes 47.24.030 damages determination jury to determine Const. Art. 1 § 16 department of transportation 47.68.100 limited access highways, acquisition of land for by 47.52.050 public use (2008 Ed.) reclamation and settlement purposes declared to be for Const. Art. 1 § 16 relocating displaced facility of United States, municipal or political subdivisions of the state, department of transportation may exercise powers of eminent domain for 47.12.150 toll bridge purposes, rights of way for may be acquired by eminent domain 47.56.090, 47.56.100, 47.56.110 State lands proceedings against 8.28.010 State lands, against granted lands, authority of railroads and canal companies to condemn 81.36.010 railroads and canal companies 81.36.010 United States acquisition 37.04.010 Steam electric generating plants 43.21A.616 Street railways 81.64.040 Telecommunications companies 80.36.010, 80.36.040 Telegraph companies Const. Art. 12 § 19 Telephone companies Const. Art. 12 § 19 Toll bridge purposes, rights of way for may be acquired by eminent domain 47.56.090, 47.56.100, 47.56.110 Transportation benefit districts 36.73.130 Underground storage of natural gas 80.40.030 United States, by state land 37.04.010 United States water rights Ch. 90.40 Use for which property taken as judicial question Const. Art. 1 § 16 waiver of jury trial for ascertaining compensation in eminent domain Const. Art. 1 § 16 Verdict interest rate established, suspension during pendency of appeal 8.28.040 Warehouses and elevators, acquisition and operating Ch. 22.16 Water power companies Ch. 90.16 Waters backed and held over roads and highways for public purposes 90.28.010, 90.28.020 Watershed property city in adjoining state authorized to condemn 8.28.050 Ways of necessity private property, taking of for private use Const. Art. 1 § 16 Witness fees air space corridor, award on abandonment or defeat of condemnation proceedings 8.25.073 award to condemnee 8.25.070 EMISSION CONTROLS (See AIR POLLUTION CONTROL) EMISSION CREDITS BANKING PROGRAM (See AIR POLLUTION CONTROL, subtitle Emission credits banking program) EMOLUMENTS Privileges and powers, hereditary, prohibited Const. Art. 1 § 28 EMPLOYEE COOPERATIVE CORPORATIONS Conversion of shares and accounts 23.78.100 Creation, election by corporation 23.78.020 Definitions 23.78.010 Earnings, use of 23.78.080 Earnings or losses, apportionment 23.78.070 Internal capital account cooperatives 23.78.090 Internal capital accounts system 23.78.080 Membership 23.78.050, 23.78.060, 23.78.080 Merger 23.78.100 Name 23.78.040 Revocation 23.78.030 Technical assistance to be provided 43.63A.230 Termination of membership 23.78.080 Voting rights 23.78.060 EMPLOYEE SUGGESTION PROGRAM (See PRODUCTIVITY BOARD) EMPLOYER AND EMPLOYEES (See also LABOR) Age discrimination 49.44.090 Apprenticeship programs 49.04.130 Association of employees, See LABOR UNIONS Automatic service charges, disclosure 49.46.160 Blacklisting of employees 49.44.010 Bribery of labor representatives 49.44.020, 49.44.030 Businesses selling prepared foods or drinks, labor liens on earnings and profits 60.34.010 City and town employees, See CITIES AND TOWNS, subtitle Officers and employees Collective bargaining minimum wage law, effect 49.46.110 policy 49.32.020 promises and undertakings, contrary 49.32.030 Collective bargaining, See also LABOR, subtitle Arbitration of disputes; LABOR UNIONS Commuter ride sharing, See MOTOR VEHICLES, subtitle Ride sharing Commuting trip reduction employer program, review and penalties 70.94.534 requirements for employers 70.94.531 Compressed air workers, generally 49.24.020, 49.24.030, 49.24.040, 49.24.060, 49.24.080 Conditions of employment, generally 49.12.020 Contributions to benefit plans, lien against employer’s earnings and property 60.76.010 Conviction records state patrol employer requests 43.43.815 Corporation employees, See CORPORATIONS, subtitle Officers Deductions for benefits, generally Ch. 49.52 Discharge, concealing cause of from employment security office 50.36.030 Discharging employee because of garnishment, unlawful, exception 6.27.170 Discrimination age 49.44.090, 49.60.205 employers 49.60.180 employment agencies 49.60.200 labor unions 49.60.190 unfair practices 49.60.180 Discrimination, See also DISCRIMINATION Domestic employees, hours of labor 49.28.080 Domestic violence victims leave Ch. 49.76 Employee defined for purposes of group disability insurance 48.21.020 disclosure of employee information to prospective employer immunity, employer disclosing information 4.24.730 Employee benefit plans deductions for 49.52.010, 49.52.020, 49.52.030, 49.52.040 duration of trusts 49.64.010, 49.64.020 enforcement of employer’s contribution requirements 49.52.010 generally Ch. 49.64 liens for payment 49.52.020 payment as discharge 49.64.030 Employer, defined for purposes of group disability insurance 48.21.020 Employer’s death, wage preference 49.56.020 Employment contracts combination of employees for 49.36.030 remedy for violation 49.36.020 Employment contracts, See also LABOR UNIONS Employment offices, See PUBLIC EMPLOYMENT OFFICES Extrahazardous employment [RCW Index—page 263] EMPLOYMENT deductions for benefits 49.52.030 legislature to pass laws to protect persons in Const. Art. 2 § 35 False pretenses to secure employment 49.44.040 Family leave Ch. 49.78, Ch. 49.86 Farm labor contractors, See FARM LABOR CONTRACTORS Food and beverage workers’ permits Ch. 69.06 Gambling unlicensed employee, penalty 9.46.198 Garnishment discharging employee because of, unlawful, exception 6.27.170 Genetic screening prohibited 49.44.180 Group disability insurance, See INSURANCE, subtitle Group disability insurance Group life insurance trustee groups 48.24.070 Hazardous employment, legislature to pass laws to protect persons in Const. Art. 2 § 35 Health care providers malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Health care service contractors mandatory offering for small employers 48.44.023 offering to small employers, requirements 48.44.024 Health services deductions for 49.52.010, 49.52.030 duty of employer 49.52.010, 49.52.030, 49.52.040 facility employees, hours 49.28.130, 49.28.140, 49.28.150 small employer partnership program Ch. 70.47A Hospital and medical services deductions and contributions constitute trust fund for 49.52.010 liens against trust fund for payment 49.52.020 Hotel service, labor lien on earnings and profits 60.34.010 Hours of labor, See HOURS OF LABOR Industrial insurance, See INDUSTRIAL INSURANCE Inventions disclosure at time of employment 49.44.150 employee’s rights, conditions 49.44.140 Jurors, challenge of, employer and employee relationship ground for implied bias 4.44.180 Labor disputes injunctions, generally Ch. 49.32 Labor disputes, See also LABOR, subtitle Disputes Labor organizations injunctions to prevent organization 49.32.050 Labor organizations, See also LABOR UNIONS Lie detector tests, requiring of employee or prospective employee penalty civil, damages, and attorneys’ fees 49.44.135 unlawful, exception 49.44.120 Marine employees’ commission, See MARINE EMPLOYEES’ COMMISSION Metropolitan municipal corporations, acquisition of existing transportation system by, duties incident to employees 35.58.265 Migrant labor, See LABOR, subtitle Seasonal Military family leave act Ch. 49.77 Militia members discharge from employment prohibited, penalty 38.40.050 interference with employment of, penalty 38.40.040 military leave of absence for public employees 38.40.060 Minimum wage law, See SALARIES AND WAGES, subtitle Minimum wages Minors begging 26.28.070 dangerous employment 26.28.070 [RCW Index—page 264] employment of, permits, violations immoral employment 26.28.070 minimum ages, exceptions 26.28.060 prostitution houses 26.28.070 Minors, See also LABOR, subtitle Minors; LABOR, subtitle Women and minors National guard or reserves military leave of absence for public employees 38.40.060 Organization of employees, See LABOR UNIONS Parental leave, adoptive and stepparents application, determination of effective date 49.12.370 discrimination prohibited 49.12.360 legislative findings 49.12.350 Payday generally 49.48.010 Payday, See also SALARIES AND WAGES, subtitle Wages Personnel files inspection by employee authorized 49.12.240 erroneous or disputed information 49.12.250 limitations 49.12.260 Port district employees, See PORT DISTRICTS, subtitle Offices and employees Prohibited practices generally Ch. 49.44 Prohibited practices, See also LABOR, subtitle Prohibited practices Public employees, See PUBLIC OFFICERS AND EMPLOYEES Public utility district employees, collective bargaining rights extended to 54.04.170 Public works, See PUBLIC WORKS Rebate of wages, generally 49.52.050, 49.52.070, 49.52.080 Records of employees 49.12.050 Reserve officers leave taken for emergencies 49.12.460 Sabotage, interference or injury to manufacturing, etc., constitutes 9.05.060 Safeguards for machinery, See LABOR, subtitle Safeguards Safety and health, See INDUSTRIAL SAFETY AND HEALTH Sales representatives and principals contractual relationship between contracts and agreements, required provisions 49.48.160 definitions 49.48.150 payment of wages and commissions 49.48.170 personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 rights and remedies supplemental to other rights and remedies of sales representatives 49.48.190 waiver of provision prohibited 49.48.190 Seasonal labor, See LABOR, subtitle Seasonal Sick leave child care 49.12.275, 49.12.280, 49.12.285, 49.12.290, 49.12.295 family member 49.12.265, 49.12.270, 49.12.287 Taverns, labor liens on earnings and profits 60.34.010 Underground workers, generally Ch. 49.24 Unemployment compensation, See UNEMPLOYMENT COMPENSATION Unions, See LABOR UNIONS Veterans, reemployment rights requirements 73.16.035 Volunteer firefighters leave taken for emergencies 49.12.460 Voting, time for provided 49.28.120 Wages, See SALARIES AND WAGES Wearing apparel, employer obligations to furnish 49.12.450 Women, See LABOR, subtitle Women and minors Workers’ compensation, See INDUSTRIAL INSURANCE EMPLOYMENT (See also EDUCATIONAL EMPLOYMENT RELATIONS ACT; EMPLOYER AND EMPLOYEES; LABOR; PUBLIC EMPLOYMENT) Agencies for, discrimination, unfair practices 49.60.200 Agricultural workers information and training on hazardous chemicals 49.70.115 Apprentices generally Ch. 49.04 Apprentices, See also APPRENTICES Arbitration, See LABOR, subtitle Arbitration of disputes Automatic service charges, disclosure 49.46.160 Community economic revitalization board definitions 43.160.020 legislative findings and intent 43.160.010 Compulsory school attendance employment prohibited without permit 28A.225.080 violations 28A.225.090 Conditions, generally 49.12.020 Conservation corps, See CONSERVATION CORPS Customized employment training Ch. 28B.67 Dangerous, See EMPLOYMENT, subtitle Extrahazardous employment Developmentally disabled persons supported employment, state agency participation 41.04.750, 41.04.760, 41.04.770, 41.04.780 Discrimination age 49.44.090 employers 49.60.180 employment agencies 49.60.200 labor unions 49.60.190 school employees, law against discrimination applicable to districts’ employment practices 28A.400.310 unfair practices 49.60.180 Diseased persons, See DISEASES Dislocated worker defined 50.04.075 training 50.22.150 training, unemployment compensation 50.20.043 Disputes, See LABOR, subtitle Disputes Domestic violence victims leave Ch. 49.76 Employment agencies Ch. 19.31 Employment offices, See PUBLIC EMPLOYMENT OFFICES Employment partnership program 74.25A.010 employer eligibility 74.25A.030 federal funds, department of social and health services to seek 74.25A.080 legislative findings 74.25A.005 local employment partnership councils 74.25A.045 pilot projects 74.25A.020 program participants benefits and salary not to be diminished 74.25A.060 eligibility for assistance programs 74.25A.050 program participants program participants classification under federal job training act 74.25A.070 worker-owned businesses, diversion of grants to 74.25A.040 Employment security department family services and programs to be administered to promote state’s policy of service to at-risk children and families 50.08.030 Extrahazardous employment legislature to protect persons in Const. Art. 2 § 35 minors 26.28.070 (2008 Ed.) EMPLOYMENT SECURITY DEPARTMENT False pretenses, securing employment by 49.44.040 Family leave Ch. 49.78 Family leave insurance Ch. 49.86 Genetic screening prohibited 49.44.180 Handicapped persons 50.12.210 Health care settings workplace violence planning and protection Ch. 49.19 Hours, See HOURS OF LABOR Industrial insurance, See INDUSTRIAL INSURANCE Inventions disclosure at time of employment 49.44.150 employee’s rights, conditions 49.44.140 Job skills program, See JOB SKILLS PROGRAM Jury service leave of absence from employment, discrimination prohibited 2.36.165 Juvenile rehabilitation agencies employment or volunteer positions, eligibility 72.05.440 Military family leave act Ch. 49.77 Militia and military affairs, discharge from employment, penalty 38.40.050 Minimum hours, See HOURS OF LABOR Minors begging 26.28.070 compulsory school attendance, employment prohibited without permit 28A.225.080, 28A.225.090 dangerous employment 26.28.070 generally Ch. 49.12 immoral employment 26.28.070 minimum ages, exceptions 26.28.060 prostitution houses 26.28.070 Occupational information service and forecast annual report, contents 50.38.040 criteria 50.38.020 definitions 50.38.015 employment security department duties 50.38.050 intent 50.38.010 moneys received for nonfunded costs, disposition 50.38.065 other agencies consulted 50.38.030 powers of employment security department 50.38.060 Overtime compensation 49.46.130 Prohibited labor practices, See LABOR, subtitle Prohibited practices Public employment labor relations, See PUBLIC EMPLOYMENT LABOR RELATIONS Registered employer health plans uniform benefits packages constitutes minimum benefits that may be offered by plan 43.72.090 School employees, law against discrimination applicable to districts’ employment practices 28A.400.310 Seasonal, See LABOR, subtitle Seasonal Stabilization 50.12.190 State employment application, disclosure of race or religion prohibited upon, penalty 43.01.100 Temporary assistance for needy families volunteer work at child care facility or other work site authorized 74.25.040 Theatrical enterprises wages cash deposit or bond required 49.38.020, 49.38.030 action against 49.38.040 attorney’s fees for prevailing party 49.38.050 violations, gross misdemeanor 49.38.060 Trade secret exemptions regarding hazardous substances 49.70.165 Unemployment compensation, See UNEMPLOYMENT COMPENSATION Unfair practices 49.60.180 (2008 Ed.) Veterans, See VETERANS, subtitle Employment preferences Wearing apparel, employer obligations to furnish 49.12.450 Women, See LABOR, subtitle Women and minors Worker and community right to know civil actions authorized 49.70.150 compliance with chapter, fines 49.70.190 definitions 49.70.020 discharge or discipline of employee prohibited 49.70.110 discrimination statutes apply 49.70.110 educational brochures and public service announcements 49.70.140 foreign language translations of written materials 49.70.105 industrial safety and health act applies 49.70.180 information requests, employer confidentiality 49.70.160 injunctive relief 49.70.190 legislative findings 49.70.010 trade secret exemptions 49.70.165 workplace survey request 49.70.100 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 Workers’ compensation, See INDUSTRIAL INSURANCE Youthbuild program, See YOUTHBUILD PROGRAM EMPLOYMENT AGENCIES Actions against unlicensed or unregistered agency 19.31.245 Actions by agency, licensing or registration prerequisite 19.31.245 Administration by director of licensing 19.31.070 Administrative procedure act, application 19.31.130, 19.31.260 Advertising, false or fraudulent 19.31.190 Bond or cash deposit, requirements, actions and procedures 19.31.090 Cities, limitation on authority to license 19.31.250 Complaints against licensees 19.31.190 Contracts contents, requirements 19.31.040 forms, approval by director 19.31.050 retail installment law compliance 19.31.040 Counties, limitation on authority to license 19.31.250 Definitions 19.31.020 Employer request for interview required 19.31.060 Employment directories contract requirements 19.31.040 fees 19.31.150 registration 19.31.100 Employment listing services contract requirements 19.31.040 fees 19.31.150 Enforcement 19.31.210 Exemptions 19.31.020 Fees contract requirements 19.31.040 contract terms must be complied with as prerequisite 19.31.150 employment condition for charging 19.31.150 exceptions 19.31.150 excessive, demand for return by director 19.31.160 licenses 19.31.140 limitations, exceptions 19.31.170 posting requirements 19.31.180 refunds 19.31.170 schedule approval by director 19.31.050 sharing with employer prohibited 19.31.190 Hazardous employment, legislature to protect persons in Const. Art. 2 § 35 Information furnished to applicant prior to interview 19.31.060 Inspection of books, documents, and records 19.31.030 Interview, employer request required 19.31.060 Licenses actions against unlicensed agency 19.31.245 application 19.31.100 exceptions 19.31.100 fees 19.31.140 posting 19.31.190 prerequisite for bringing a cause of action 19.31.245 qualifications 19.31.100 reinstatement 19.31.110 renewal 19.31.100, 19.31.110 sanction 19.31.130 transferable with consent of director 19.31.120 uniform business and professions act 19.31.270 unlawful to operate without license, penalty 19.31.080 Prohibited activity 19.31.060 Recordkeeping requirements 19.31.030 Rules of conduct 19.31.190 Service of process 19.31.240 Unfair business practices act, application 19.31.210 Unlawful activities 19.31.190 Violations assurance of discontinuance 19.31.220 injunctions, civil penalty 19.31.230 EMPLOYMENT RIGHTS, RESTORATION OF Employment or licensing by public entity person not disqualified from, exceptions 9.96A.020 Provisions of chapter prevail 9.96A.050 Public employment law enforcement agencies, chapter not applicable to 9.96A.030 Supervision of children or vulnerable adults 9.96A.060 Violations, adjudication pursuant to administrative procedure act 9.96A.040 EMPLOYMENT SECURITY DEPARTMENT Commissioner community economic revitalization board membership 43.160.030 Conservation corps duties 43.220.060 Creation 50.08.010 Disabled persons clearinghouse to assist in employment 50.12.250, 50.12.252 special services, report 50.12.210 Dislocated worker training, funding 50.22.140, 50.24.014 Displaced workers compensation and training, funding 50.12.080, 50.12.280 duties 50.70.040 Divisions established 50.08.020 Family services and programs to be administered to promote state’s policy of service to at-risk children and families 50.08.030 Federal employer identification numbers and documents, department contract to issue 50.12.045 Forest products workers, dislocated workers program Ch. 50.70 Inventions disclosure at time of employment 49.44.150 Migrant labor housing Yakima county project operation contract authority 70.114.020 Minimum wage laws, duty of commissioner to notify employers 49.46.140 Occupational information service and forecast [RCW Index—page 265] ENCUMBRANCES annual report, contents 50.38.040 criteria 50.38.020 definitions 50.38.015 department duties 50.38.050 intent 50.38.010 moneys received for nonfunded costs, disposition 50.38.065 other agencies consulted 50.38.030 powers of department 50.38.060 Printed materials, department duties 50.12.290 Records and information privacy, access Ch. 50.13 Records and information - privacy and confidentiality access 50.13.040, 50.13.050, 50.13.060 availability, judicial or administrative proceedings 50.13.070 disclosure 50.13.080, 50.13.090, 50.13.100 exceptions 50.13.020 legislative intent 50.13.010 requests for disclosure 50.13.015 rules 50.13.030 Rules compliance technical assistance program Ch. 43.05 Rural natural resources impact areas dislocated workers program Ch. 50.70 Salmon industry, dislocated workers program Ch. 50.70 Unemployment compensation review of appeal tribunal decisions finality of commissioner’s decision 50.32.090 Unemployment compensation, See also UNEMPLOYMENT COMPENSATION Unemployment compensation benefits for persons who were temporarily totally disabled Ch. 50.06 Washington serves program application 50.65.230 authority of commissioner and program administrator 50.65.320 definitions 50.65.210 displacement of current workers prohibited 50.65.280 disqualification for Washington service corps participation 50.65.240 eligibility 50.65.230 funds and grants 50.65.330 legislative declaration 50.65.200 operating procedure 50.65.220 unemployment compensation coverage, limitation 50.65.290 volunteers educational, vocational, or job counseling 50.65.310 medical benefits, limitation 50.65.270 recognition of service 50.65.310 selection and placement 50.65.250 student loan payments, assistance to defer 50.65.300 subsistence allowances and stipends 50.65.260 Work force training and education coordinating board, commissioner to cooperate with 50.12.245 Youth employment and conservation act, See UNEMPLOYMENT COMPENSATION, subtitle Youth employment and conservation act Youthbuild program, See YOUTHBUILD PROGRAM ENCUMBRANCES (See also CHATTEL MORTGAGES; LIENS; MORTGAGES) Blanket, lots or parcels subject to 58.19.180 Defined for purposes of insurance investment law 48.13.130 Fraudulent conveyance or encumbrance by corporation 9.24.020 Homesteads acknowledgment required 6.13.060 execution of 6.13.060 powers of attorney authorized 6.13.060 [RCW Index—page 266] Probate, mortgage of estate property, effect as encumbrance 11.56.040 Real property, satisfaction or release, duty of county auditor 65.04.060 Recording of, See RECORDING AND FILING Trustees, powers to make 11.98.070 Wills, devisee takes subject to encumbrance on property devised 11.12.070 ENDOWMENT CARE (See CEMETERIES, subtitle Endowment care) ENDOWMENT FUNDS (See INSURANCE, subtitle Endowment contracts) ENEMY ATTACK (See CONTINUITY OF GOVERNMENT IN EVENT OF ENEMY ATTACK) ENERGY Appliances and products efficiency standards application of chapter 19.260.030 definitions 19.260.020 legislative findings 19.260.010 limit on requirements 19.260.050 minimum standards 19.260.040 testing, manufacturers 19.260.070 updates to standards 19.260.060 Audits municipalities 43.19.691 schools 28A.320.330 state facilities definitions 43.19.670 implementation plan 43.19.680 lease terms 43.19.685 requirement, completion dates 43.19.675 Building code, state study of 44.39.038 Cities and towns energy conservation program revenue bonds 35.92.105 Climate and rural energy development center 28B.30.640, 28B.30.642, 28B.30.644 Cogeneration projects developed by state agencies and local utilities 39.35C.080 additional authority of agencies 39.35C.090 feasibility study 39.35C.070 implementation 39.35C.070 ownership and operation 39.35C.070 sale of electricity and thermal energy 39.35C.080 sale of thermal energy 39.35C.070 Community, trade, and economic development, department of transfer of certain energy office powers and duties to department 43.330.904 Conservation performance-based contracts counties 36.32.245, 36.32.250 first class cities 35.22.620 towns or second class cities 35.23.352 transportation demand management findings 70.94.521 Conservation assistance program authorization, limitations 35.92.360 cities and towns 35.92.105 legislative findings 35.92.355 public money, use authorized Const. Art. 8 § 10 tree planting for energy conservation, municipal utilities to encourage 35.92.390 Conservation in buildings projects authority of agencies and school districts to implement 39.35C.050 coordination 39.35C.030 definitions 39.35C.010 financing 39.35C.060 implementation 39.35C.020 sale of conserved energy 39.35C.040 Conservation measures in state buildings budget process, retention of savings 43.41.170 private investment 43.19.680 Conservation projects financing, authorized referendum contingency 54.16.280 Energy assistance allowance 74.08.046 Energy education, applied research, and technology transfer programs transferred from energy office to Washington State University 28B.30.900, 28B.30.901 Energy efficiency construction account 39.35C.100 Energy efficiency in public buildings powers and duties transferred to department of general administration 43.19.123 Energy freedom program generally Ch. 43.325 Energy independence act Ch. 19.285 Energy supply emergencies, alerts alert, declaration 43.21G.040 appeals and petitions 43.21G.090 compliance by distributors, reimbursement 43.21G.080 compliance requirements 43.21G.070 coordination with federal authorities 43.21G.060 definitions 43.21G.020 exceptions to or modification of orders 43.21G.090 governor’s powers 43.21G.040 joint committee on energy supply and energy conservation, duties 44.39.070 local government and state agency duties 43.21G.050 violations, penalty 43.21G.100 Geothermal energy, allocation of federal act revenues Ch. 43.140 Geothermal power, See also GEOTHERMAL RESOURCES Green economy jobs growth initiative 43.330.310 Irrigation districts, home owners’ financial assistance, conservation 87.03.017 Joint committee on energy supply and energy conservation Ch. 44.39 Joint operating agencies, See POWER AND FACILITIES RESOURCES, subtitle Joint operating agencies Low-income energy assistance termination of utility heating service city-owned utility 35.21.300 limitation 80.28.010 limitations 54.16.285 Northwest interstate compact on low-level radioactive waste management Ch. 43.145 Pacific northwest electric power and conservation planning council Ch. 43.52A Performance-based contracts application of chapter 39.04.170 Private investment in energy conservation measures for state buildings 43.19.680 Production, allocation, and consumption programs, legislative intent 43.21G.030 Public buildings design and construction renewable resources consideration 39.35.010 high-performance public buildings LEED silver standard Ch. 39.35D Renewable energy and energy efficiency business development, strategic plan 28B.20.296 clean energy, policy 28B.20.298 School districts, issuance of bonds for improving energy efficiency 28A.530.010 State energy affairs authority and duties of department 43.21F.060 definitions 43.21F.025 information gathering 43.21F.060 transfer of powers and duties to department of community, trade, and economic development 43.21F.045 utilities regulatory proceedings, intervention by department prohibited 43.21F.055 State energy strategy (2008 Ed.) ENTRY review and report 43.21F.090 State facilities landscape objectives to include energy conservation 43.19.682 private investment in conservation measures 43.19.680 tree plantings for energy conservation encouraged 43.19.668 State purchasing policy energy conservation 43.19.1905 Technology investing in innovation grants Ch. 70.210 Termination of utility heating service city procedure 35.21.300 limitations 35.21.300, 80.28.010 Washington State University climate and rural energy development center 28B.30.640, 28B.30.642, 28B.30.644 Weather modification and control cloud seeding, emergency 43.37.210 Western interstate nuclear compact 43.21F.400, 43.21F.405, 43.21F.410, 43.21F.415, 43.21F.420 ENERGY CODE Hot water heaters 19.27A.060 Nonresidential buildings minimum standards, authority of building code council to amend 19.27A.025 Pacific Northwest electric power planning and conservation act payments to residential owners for construction complying with code 19.27A.035 purchases of energy, requirements 19.27A.020 Residential buildings building code council duties 19.27A.045 minimum and maximum codes 19.27A.015 payments to owners by utilities for construction complying with code 19.27A.035 preemption of local codes 19.27A.020 Standards 19.27A.020 ENERGY FACILITIES Carbon dioxide mitigation generally Ch. 80.70 Cogeneration projects developed by state agencies and local utilities additional authority of agencies 39.35C.090 energy purchase agreements 39.35C.080 feasibility study 39.35C.070 implementation 39.35C.070 ownership and operation 39.35C.070 sale of electricity and thermal energy 39.35C.080 sale of thermal energy 39.35C.070 Dangerous wastes regulation of 70.105.110 Electrical transmission facilities preapplication 80.50.330, 80.50.340 task force 80.50.330, 80.50.340 Energy financing approval act purpose 80.52.020 Energy financing voter approval act cost-effectiveness priorities 80.52.080 definitions 80.52.030 election approval required bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 short title 80.52.010 Nonpolluting, renewable energy sources for power generation exemption from regulation 80.58.010 Nuclear power plants unfinished projects, transfer of site 80.50.300, 80.50.310 Operating agencies repayment of obligations 43.52.550 Permit program sources, authority over 70.94.422 (2008 Ed.) Site location application of chapter 80.50.060 approval or rejection of application, reconsideration 80.50.100 counsel for the environment 80.50.080 definitions 80.50.020 disposition of receipts from applicants 80.50.190 energy facilities site evaluation council recommendations 80.50.045 energy facility site evaluation council governor to evaluate 80.50.320 impact statement, substitute 80.50.175 membership 80.50.030 powers 80.50.040 site certification, duties 80.50.071, 80.50.075 study of potential site prior to application, fee 80.50.175 hearing on proposed site location 80.50.090 information filed with council, public inspection 80.50.160 intent 80.50.010 permit requirements injunctions against violations 80.50.150 penalties for violations 80.50.150 preemption of regulation and certification by state 80.50.110 proposals and actions by other state agencies and local political subdivisions pertaining to, exempt from "detailed statement" required 80.50.180 recommendations to governor 80.50.100 petroleum products transmission facilities, considerations in making 80.50.105 review 80.50.140 site application, assistance 80.50.085 site certification application for 80.50.060 certification monitoring charges 80.50.071 fees 80.50.071 processing charges 80.50.071 expedited processing 80.50.075 fees 80.50.071 effect of certification 80.50.120 execution of agreement 80.50.100 required 80.50.060 revocation or suspension of certification 80.50.130 Thermal electric generating facilities air pollution control facilities, progress assessment 70.94.630 air pollution control facilities, tax exemption 82.08.810, 82.12.810 coal used to generate power, tax exemption 82.08.811, 82.12.811 coal-fired thermal electric generating facility public utility district ownership 54.44.020 compensation and training of displaced workers funding 50.12.080, 50.12.280 privilege tax, imposition, rates additional 54.28.025 Thermal energy companies exemption from utilities and transportation commission authority 80.04.550 Waste disposal permits 90.48.262 ENERGY FINANCING VOTER APPROVAL ACT Cost-effectiveness priorities 80.52.080 Definitions 80.52.030 Election approval required bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 purpose 80.52.020 Short title 80.52.010 ENERGY INDEPENDENCE ACT Generally Ch. 19.285 ENERGY OFFICE Abolished, powers and duties transferred to other agencies Ch. 43.21F Energy education, applied research, and technology transfer programs transferred from office to Washington State University 28B.30.900, 28B.30.901 ENGINEERS AND LAND SURVEYORS (See also SURVEYS AND SURVEYORS) Causes of action arising on services of 4.16.300 limitation on 4.16.310, 4.16.325 Contracts with public agencies for architectural and engineering services Ch. 39.80 Corporations, provisions relating to 18.43.130 County road engineer, See COUNTY ROADS AND BRIDGES, subtitle Road engineer Definitions 18.43.020 Disciplinary action, unprofessional conduct 18.43.105, 18.43.110 Emergency worker exemption from liability for engineer serving as volunteer 38.52.1951 Engineer-in-training, requirements Ch. 18.43 Fees, disposition 18.43.150 Geologists, licensing requirements and standards of practice Ch. 18.220 Land-surveyor-in-training, requirements Ch. 18.43 Professional engineers’ account 18.43.150 Professional service corporations Ch. 18.100 Qualifications to practice 18.43.010 Registration application and fees 18.43.050 certificates 18.43.070 continuing professional development 18.43.080 examinations 18.43.060 out-of-state applicants 18.43.100 qualifications and requirements 18.43.040 renewal, fees 18.43.080 retired status certificate 18.43.075 seals 18.43.070 suspension for noncompliance with support order 18.43.170 suspension for nonpayment or default on educational loan or scholarship 18.43.160 Registration, board of membership, qualifications and compensation 18.43.030 operating procedures 18.43.035 powers and duties 18.43.035 pro tem members 18.43.033 Regulation, excepted services 18.43.130 Uniform regulation of business and professions act 18.43.180 Violations penalties 18.43.120 Wastewater treatment systems, designer licensing Ch. 18.210 ENGINES (See also STEAM ENGINES AND BOILERS) Obscuring identity of a machine 9A.56.180 Operating without spark arrester, penalty 9.40.040 ENTRAPMENT Defense 9A.16.070 ENTRY Abstract of judgments, contents 4.64.090 Ejectment and quieting title actions action against tenant on failure to pay rent 7.28.250 order for 7.28.210 order for entry to survey property 7.28.200 Exceptions 4.80.030, 4.80.040 Execution docket abstract of verdict 4.64.100 certified abstract of judgments 4.64.120 certified transcript of judgment of district court 4.64.120 contents 4.64.080 [RCW Index—page 267] ENVIRONMENT proof of executor or administrator for execution of judgments in name of 6.17.030 proof of representative for execution of judgments in name of 6.17.030 Forcible entry and detainer, See FORCIBLE ENTRY AND DETAINER Geological survey, right of entry upon lands for purpose of making 43.92.080 Judgment by confession 4.60.070 confession of judgment statement in writing to authorize 4.60.060 execution docket entry in by clerk 4.64.120 proof of executor or administrator for execution of judgments in name of 6.17.030 proof of representative for execution of judgments in name of 6.17.030 liens commencing on 4.56.200 Judgments satisfaction of judgment against local governmental entity 6.17.080 time allowed for district court civil action 12.20.030 time of 12.20.030 Liens, entry of verdict as notice, priority 4.64.020 Minutes of trial or hearing objection to admission of evidence 4.80.030 offer of evidence 4.80.030 ruling on objection to admission of evidence 4.80.030 Right of, See RIGHT OF ENTRY Satisfaction of judgment against local governmental entity 6.17.080 Verdicts index entry 4.64.020 notice, as 4.64.020 procedure 4.64.020 ENVIRONMENT Adopt-a-highway program 47.40.100 local programs 47.40.105 Ballast water management Ch. 77.120 Community and urban forestry Ch. 76.15 Energy facilities site evaluation, counsel for the environment 80.50.080 site location, intent, policy 80.50.010 Environmental and forest restoration definitions 43.21J.010 environmental enhancement and job creation task force 43.21J.030 intent and purpose 43.21J.010 legislative findings 43.21J.005 program implementation evaluation, legislative audit and review committee report 43.21J.800 project proposals award of funds 43.21J.040 evaluation criteria 43.21J.040 training or employment eligibility, job status, and compensation 43.21J.050 unemployment compensation benefits for trainees 43.21J.060, 43.21J.070 Environmental excellence awards program for products 43.21A.520 Environmental excellence program agreements advisory committee 43.21K.140 authority for agreements, restrictions 43.21K.030 costs of processing proposals, recovery 43.21K.150 definitions 43.21K.010 effect 43.21K.100 effect on legal requirements and permits 43.21K.080 enforcement 43.21K.110 environmental excellence account 43.21K.170 fee schedule reduction 43.21K.120 [RCW Index—page 268] judicial review 43.21K.090 modification 43.21K.100 notice, public account 43.21K.070 proposals, sponsorship 43.21K.040 result criteria 43.21K.020 rule-making authority 43.21K.130 stakeholder participation 43.21K.050 termination of authority to enter agreements 43.21K.160 terms and conditions 43.21K.060 voluntary commitments 43.21K.110 Environmental impact statements fish enhancement projects, exemptions 43.21C.0382 forest practices, exemptions 43.21C.037 hazardous substance remedial actions, integration of procedures and documents 43.21C.036 irrigation projects, exemptions 43.21C.035 metals mining and milling operations 43.21C.039 personal wireless services facilities, exemption 43.21C.0384 school closures, exemptions 43.21C.038 scope and preparation 43.21C.031 threshold determinations, made within ninety days 43.21C.033 use of existing documents 43.21C.034 waste discharge permits, exemptions 43.21C.0383 Environmental policy, council on, authorization 43.21C.170, 43.21C.175 Fish and wildlife habitat and water quality improvements property tax exemption 89.08.440 Game fish mitigation Ch. 77.18 Litter control, See WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT Metals mining and milling operations Ch. 78.56 Natural resources management state policy, express domain 77.110.030 Oil and gas well drilling affecting surface water, environmental impact statement required 78.52.125 Oil and hazardous substance spill prevention and response Ch. 90.56 Policy of the state on environment and natural resources utilization 43.21A.010 Pollution control hearings board, jurisdiction and duties Ch. 43.21B Public works proposals which affect 39.04.120 Puget Sound water quality protection Ch. 90.71 SEPA, See ENVIRONMENT, subtitle State environmental policy State environmental policy appeals 43.21C.075 conditioning or denial of government action 43.21C.060 decision of government agency accorded substantial weight 43.21C.090 deficiencies and corrective measures 43.21C.040 detailed statements, preparation and exemptions 43.21C.150, 43.21C.160 ecology department duties and functions 43.21C.110 environmental impact statements air operating permits, exemptions 43.21C.0381 forest practices, exemptions 43.21C.037 irrigation projects, exemptions 43.21C.035 metals mining and milling operations 43.21C.039 personal wireless services facilities, exemption 43.21C.0384 school closures, exemptions 43.21C.038 scope and preparation 43.21C.031 threshold determinations, made within ninety days 43.21C.033 use of existing documents 43.21C.034 waste discharge permits, exemptions 43.21C.0383 watershed restoration projects, exemptions 43.21C.0382 exemptions 43.21C.210, 43.21C.220, 43.21C.222, 43.21C.225, 43.21C.227, 43.21C.229, 43.21C.230, 43.21C.250, 43.21C.260, 43.21C.270, 43.21C.400 guidelines for public agencies 43.21C.030 hazardous substance remedial actions, integration of procedures and documents 43.21C.036 impact fees, mitigation fees not required on same improvements 43.21C.065 incorporation proceedings cities, counties 36.93.170 information gathering and sharing 43.21C.030 local government adoption of rules, guidelines, and model ordinances 43.21C.135 mitigation actions 43.21C.060 model ordinances 43.21C.130 notice of action by governmental agency 43.21C.080, 43.21C.087 project review under growth management act 43.21C.240 renewable fuel standards, infrastructure 43.21C.232 responsibility to carry out policy 43.21C.020 rules accorded substantial deference 43.21C.095 rules and procedures 43.21C.110, 43.21C.120 statutory obligations not affected 43.21C.050 unfinished nuclear power projects, site transfer exemptions 43.21C.400 workshops and handbooks to assist in compliance 43.21C.300 Stewardship of nonindustrial forests and woodlands definitions 76.13.010 department of natural resources authority 76.13.020 funding, authority to receive and disburse funds 76.13.030 legislative finding 76.13.005 purpose 76.13.007 Surface mining, regulation and reclamation Ch. 78.44 Transportation, statewide multimodal plan 47.06.040, 47.06.043 Transportation projects advanced environmental mitigation 47.12.330, 47.12.340, 47.12.350 environmental review 47.01.290, 47.01.300 exchange agreements 47.12.370 Underground storage tanks, requirements Ch. 90.76 Waste discharge permits, exemptions from environmental impact statements 43.21C.0383 Water pollution control Ch. 90.48 Water resource management Ch. 90.42 Water resources act Ch. 90.54 Watershed compensatory mitigation Ch. 90.74 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 ENVIRONMENTAL AND LAND USE HEARINGS BOARD Economic development projects - appeals and reviews of permit decisions Ch. 43.21L ENVIRONMENTAL COORDINATION PROCEDURES Environmental excellence program agreements Ch. 43.21K Land use petitions, judicial review Ch. 36.70C Project permit procedures Ch. 36.70B duties of department of community, trade, and economic development 43.330.125 ENVIRONMENTAL HEARINGS OFFICE Administrative appeals judges, powers and duties 43.21B.005 Chief executive officer, duties 43.21B.005 (2008 Ed.) ESCHEATS Pollution control hearings board, jurisdiction and duties Ch. 43.21B Shorelines hearings board, membership and duties Ch. 90.58 ENVIRONMENTAL LABORATORIES Certification, qualifications, fees, and exemptions 43.21A.230, 43.21A.235 ENVIRONMENTAL POLICY, COUNCIL ON (See ENVIRONMENT) ENVIRONMENTAL QUALITY (See AIR POLLUTION CONTROL; ECOLOGY, DEPARTMENT OF, SOLID WASTE MANAGEMENT; WATER POLLUTION CONTROL) EPIDEMICS (See HEALTH AND SAFETY, subtitle Epidemics) EQUAL RIGHTS (See also SEXUAL EQUALITY IN PUBLIC SCHOOLS) Sex equality legislature to enforce Const. Art. 31 § 2 not denied or abridged Const. Art. 31 § 1 EQUALIZATION, BOARD OF (See also TAXES - PROPERTY) Cities and towns, council sitting as, local improvement of lowlands 35.55.070, 35.56.080 EQUESTRIAN (See also HORSES) Horse park, state Ch. 79A.30 Liability, limitations 4.24.530, 4.24.540 Trails or paths authorized, expenditure of available funds 47.30.030 public highways, paths as 47.30.070 transportation committee review of comprehensive plans 44.04.290 EQUIPMENT Consumer leases, See CONSUMER LEASES Drainage districts, leasing for 85.07.010 Firefighting, standardization Ch. 70.75 Motor vehicles, requirements, See MOTOR VEHICLES, subtitle Equipment requirements Record of state equipment 43.19.1917 Rental or lease agreements conversion, destruction, sale, etc., of property subject to, penalty 9.45.060 failure to return, penalty 9.45.060 EQUITY Community property agreements, cancellation in equity 26.16.120 County boundary determinations 36.05.010 Jurisdiction of superior courts concerning 2.08.010 Original jurisdiction of superior court Const. Art. 4§6 EQUITY SKIMMING Consumer protection act 61.34.040 Criminal penalty 61.34.030 Definitions 61.34.020 Legislative findings 61.34.010 EROSION Soil and water conservation districts, See CONSERVATION DISTRICTS Surface mining, regulation and reclamation Ch. 78.44 EROTIC MATERIAL (See also OBSCENITY AND PORNOGRAPHY) Crimes relating to adults only label, requirement 9.68.060 age, misrepresentation of by minor, penalty 9.68.080 contempt, failure to obey court order 9.68.060 defenses 9.68.070 definitions 9.68.050 exemptions 9.68.100 hearing on nature of material 9.68.060 minors, misrepresentation of age for purpose of securing 9.68.080 (2008 Ed.) misrepresentation of age for purposes of securing erotic material, penalty 9.68.080 notice of hearing on nature of material 9.68.060 penalty for violation 9.68.060 prosecuting attorney, duties 9.68.060 Live performance minor may not be on premises, penalty 9.68A.150 Publications, withdrawing franchise, etc., unlawful 9.68.090 ERRORS Harmless error disregarded 4.36.240 Pleadings, harmless error disregarded 4.36.240 ESCALATORS (See ELEVATORS, ESCALATORS AND DUMBWAITERS) ESCAPE (See also PRISONS AND PRISONERS, subtitle Escape) Interstate compact on juveniles Ch. 13.24 Limitation of action against sheriff or officer, personal disability of plaintiff does not toll statute 4.16.190 Limitation of action for, exception from 4.16.080 Mental institution inmate, procuring or assisting inmate to escape, penalty Ch. 72.23 Parole violator deemed escapee, when 9.95.130 Prisoner arrested or imprisoned on civil process, limitation of action against sheriff or officer 4.16.110 Pursuit and retaking of any place in state authorized 10.34.020 Recapture of prisoner, term 9.31.090 Retaking in foreign state, extradition 10.34.030 ESCHEATS Absentees’ estates 11.80.110 Action to recover forfeited property from state 7.56.120 Banks dividends unclaimed after liquidation and winding up, escheat to state for permanent common school fund 30.44.150, 30.44.180 personal property unclaimed after liquidation and winding up 30.44.220 safe deposit box contents unclaimed after liquidation and winding up 30.44.190 trust company dividends unclaimed after liquidation and winding up 30.44.180 Designation as escheated property 11.08.140 Inheritance from stepparent avoids escheat 11.04.095 Institution inmates, property of care and maintenance costs at institution 11.08.111 executor and administrator, transfer to 11.08.111 funeral expenses 11.08.111 money and proceeds to state treasurer after two years 11.08.101 sale of property after two years, proceeds to general fund 11.08.120 successor to deceased inmate 11.08.111 Insurers, liquidation unclaimed funds 48.31.155 Notice, appearance of heirs, notice to department of revenue 11.08.230 Permanent common school fund, deposited in 11.08.210 bank dividends unclaimed after liquidation 30.44.150, 30.44.180 proceeds of lands and property reverting to state 28A.515.300 trust company dividends unclaimed after liquidation and winding up 30.44.150, 30.44.180 Personal property banks, personal property unclaimed after liquidation and winding up 30.44.220 proceeds to be used first for payment of debts, liens, expenses 11.08.210 sale of 11.08.210 trust company personal property unclaimed after liquidation and winding up 30.44.220 Postal savings system account accounts presumed abandoned and to escheat to state 63.48.010 director to request federal records 63.48.020 escheat proceedings brought in Thurston county 63.48.030 notice to depositors whose accounts are to be escheated 63.48.040 Postal savings system accounts copy of judgment presented for payment, disposition of proceeds 63.48.050 indemnification for losses as result of escheat proceedings, source 63.48.060 Probate, heirs, escheat for want of 11.08.140 Probate proceedings cash received by personal representative, deposit of 11.08.290 claims allowances of 11.08.210 conveyance of real property to claimant, procedure 11.08.270 copy of order to pay funds served on department of revenue 11.08.260 heirs, appearance of, notice 11.08.230 limitation on filing claim 11.08.240 minors or incompetents, limitation of action tolled during disability 11.08.280 notice to department of revenue 11.08.170 order to pay over and delivery to claimant 11.08.250 property transferred to governmental units for park and recreation use 11.08.250, 11.08.260 copies of papers and pleadings to department of revenue 11.08.180 distribution to state, duties 11.08.220 notice to department of revenue 11.08.170 use of property without authority, liability 11.08.200 Property records, maintained by department of revenue, public inspection, available for 11.08.185 Public lands conveyance of real property to claimant 11.08.270 jurisdiction and supervision over real property 11.08.220 Quo warranto proceedings action to recover property 7.56.120 legal title deemed in state 7.56.120 Revenue, department of payment of funds to claimant 11.08.260 probate proceedings decree, copy furnished to 11.08.220 notices to 11.08.170, 11.08.180 waiver of right to administer estate 11.08.170 supervisory powers and jurisdiction 11.08.160 transfer of property to 11.08.300 Safe deposit box contents remaining unclaimed after liquidation and winding up 30.44.220 Savings and loan associations dormant account fund 33.20.130 liquidation, dividend checks and payments 33.40.070, 33.40.110 Schools bank dividends unclaimed after liquidation and winding up escheat to permanent common school fund 30.44.150, 30.44.180 trust company dividends unclaimed after liquidation and winding up 30.44.150 Stepparent, inheritance from avoids escheat 11.04.095 Title vests immediately in state 11.08.150 Trust companies dividends unclaimed after liquidation and winding up 30.44.150, 30.44.180 personal property unclaimed after liquidation and winding up 30.44.220 safe deposit box contents after liquidation and winding up 30.44.220 [RCW Index—page 269] ESCROW Unclaimed estate in probate, sale, escheat 11.76.220 ESCROW Insurance escrow agreements, organization of insurers, filing with commissioner 48.06.040 escrow of funds, withdrawal on failure to complete organization 48.06.170 Savings and loan associations may act as escrow holder 33.12.010 Title insurance companies escrow agent, conducting business as 48.29.190 prohibited practices 48.29.200 ESCROW AGENTS Administrative procedure act, application 18.44.270 Branch offices establishment, requirements 18.44.041 licenses 18.44.051 Business location 18.44.061 Consumer protection act, application 18.44.450 Definitions 18.44.011 Escrow commission membership, terms, and compensation 18.44.500, 18.44.510 Escrow officers examination 18.44.191, 18.44.195 license requirements 18.44.081, 18.44.091, 18.44.101 responsibilities for supervision 18.44.071 Financial institutions department director’s authority 18.44.191, 18.44.410, 18.44.430 Financial responsibility corporation for insuring 18.44.231 requirements 18.44.201, 18.44.211 waiver of bond or errors and omissions policy 18.44.221 waiver of errors and omissions policy 18.44.241, 18.44.251, 18.44.261, 18.44.271, 18.44.281, 18.44.291 Funds, segregation and disbursement 18.44.400 Licenses application, contents 18.44.031 denial, suspension, or revocation, grounds 18.44.430 duration and display 18.44.141 enforcement 18.44.410, 18.44.480, 18.44.490 exceptions 18.44.021 expiration and renewal 18.44.151 fees 18.44.121 form and contents 18.44.111 issuance 18.44.131 prerequisite to action for fee 18.44.181 reinstatement 18.44.161 required 18.44.021 suspension for nonpayment or default on educational loan or scholarship 18.44.460 termination, effect on preexisting escrows 18.44.465 violations, penalty 18.44.171 Professional service corporations Ch. 18.100 Prohibited practices 18.44.301, 18.44.305 Receivership of escrow offices 18.44.470 Recordkeeping requirements 18.44.400 Referral fees prohibited 18.44.450 Registration suspension for noncompliance with support order 18.44.127 Rules, enforcement 18.44.410 Violations cease and desist orders 18.44.440 denial, suspension or revocation of license 18.44.430 investigations, procedures 18.44.420 penalties 18.44.171 Violations, penalties 18.44.450 [RCW Index—page 270] ESCROW COMMISSION (See ESCROW AGENTS) ESTATES (See also PERSONAL PROPERTY; REAL PROPERTY) Creditors allowance or rejection of claim 11.42.080 nonprobate settlement of claims allowance of claims 11.42.090 claims against decedent, time limits 11.42.050 execution barred on decedent’s death, effect 11.42.120 form and presentation of claim 11.42.070 liability or casualty insurance, limitations on claims involving 11.42.060 limitation tolled by vacancy in office of notice agent 11.42.140 notice agent, effect of judgment against 11.42.110 notice agent, qualifications 11.42.010 notice agent or beneficiary claim, payment 11.42.130 notice to creditors 11.42.020, 11.42.030 personal representative appointment and duties 11.42.150 property liable for claims, limits 11.42.085 reasonably ascertainable creditor, definition and review 11.42.040 rejection of claims 11.42.100 secured claim, creditor’s right 11.42.125 Decedents, See EXECUTORS AND ADMINISTRATORS; PROBATE Dispute resolution arbitration procedure 11.96A.310 binding nonjudicial agreements 11.96A.210, 11.96A.220, 11.96A.230, 11.96A.240 compliance 11.96A.320 courts’ authority 11.96A.020, 11.96A.060, 11.96A.090 definitions 11.96A.030 discovery 11.95A.115, 11.96A.115 judicial proceedings 11.96A.080, 11.96A.100, 11.96A.110, 11.96A.120, 11.96A.130, 11.96A.140, 11.96A.150, 11.96A.160, 11.96A.170, 11.96A.180, 11.96A.190, 11.96A.200 jurisdiction 11.96A.040 mediation procedure 11.96A.300 party-initiated mediation and arbitration 11.96A.260, 11.96A.270, 11.96A.280 special representative 11.96A.250 statutes of limitations 11.96A.070 superior court venue 11.96A.290 venue 11.96A.050 Estate distribution documents definitions 19.295.010 findings, intent 19.295.005 marketing of documents 19.295.020 violations, consumer protection act 19.295.030 Family support and postdeath creditor’s claim exemptions Ch. 11.54 Fee simple, technical words of inheritance 64.04.060 Guardian’s sale of, limitation of action by ward 4.16.070 Inheritance tax Ch. 83.100 Judgment liens, expiration of lien 4.56.210 Minors, transfers to Ch. 11.114 Nonprobate assets testamentary disposition Ch. 11.11 Nonprobate settlement of creditor claims allowance of claims 11.42.090 allowance or rejection of claim 11.42.080 claims against decedent, time limits 11.42.050 execution barred on decedent’s death, effect 11.42.120 form and presentation of claim 11.42.070 liability or casualty insurance, limitations insurance, limitations on claims involving 11.42.060 limitation tolled by vacancy in office of notice agent 11.42.140 notice agent, effect of judgment against 11.42.110 notice agent or beneficiary claim, payment 11.42.130 notice to creditors 11.42.010, 11.42.020, 11.42.030 personal representative, appointment and duties 11.42.150 property liable for claims limits 11.42.085 reasonably ascertainable creditor, definition and review 11.42.040 rejection of claims 11.42.100 secured claim, creditor’s right 11.42.125 Partition, See PARTITION Principal and income, See PROBATE, subtitle Principal and income act Probate claims against estate Ch. 11.40 Slayers, inheritance from victim prohibited Ch. 11.84 Slayers, victim’s retirement benefits passed to slayer prohibited 41.04.273 Statewide city employees’ retirement system member, payment to estate on death of 41.44.190 Taxation Ch. 83.100 Trust act Ch. 11.98 Trust and estate dispute resolution act (TEDRA) Ch. 11.96A ESTHETICIANS (See COSMETOLOGISTS, BARBERS, AND MANICURISTS) ESTIMATES Bids and bidding, See BIDS AND BIDDINGS Public works, See PUBLIC WORKS, subtitle Estimates of cost ESTRAYS (See ANIMALS, subtitle Strays; LIVESTOCK, subtitle Strays) ETHICS IN PUBLIC SERVICE (See also CODE OF ETHICS) Activities incompatible with public duties 42.52.020 Agency ethics rules 42.52.200 Assisting in transactions, prohibitions 42.52.040 Attorney general, state auditor to conduct investigation of complaint against 42.52.450 Attorney general actions 42.52.490 Attorney general investigative authority 42.52.530 Citizen actions 42.52.460 Communications, employee or charitable organization 42.52.560 Compensation for official duties or nonperformance 42.52.110 Compensation for outside activities 42.52.120 Confidential information, release of 42.52.050 Construction of ch. 42.52 RCW 42.52.901 Definitions 42.52.010 Disciplinary action 42.52.520 Elected official, attorney general to conduct investigation of complaint against statewide elected official 42.52.450 Executive ethics board 42.52.350, 42.52.360 compensation of members 42.52.550 complaint filing 42.52.410 findings of fact and enforcement action 42.52.430 hearing and subpoena authority 42.52.390 investigation of complaints 42.52.420, 42.52.425 optional hearings by administrative law judge 42.52.500 penalty assessment 42.52.480 political activities of board members 42.52.380 public hearing on complaint 42.52.430 referral of complaint for enforcement 42.52.470 review of order 42.52.440 subpoena authority, enforcement 42.52.400 (2008 Ed.) EVIDENCE Financial interests in transactions 42.52.030 Former state officer or employee employment 42.52.080 rendering assistance, limitations 42.52.090 restrictions on appearing before agency or doing business with state 42.52.100 Gift, loan, payment, transfer, or delivery of any thing of economic value to state employee 42.52.170 Gifts 42.52.140, 42.52.150 Health profession board or commission, professional opinions 42.52.804 Honoraria 42.52.130 Identifiable group or interest, service on board, committee, or commission not prevented by association with 42.52.903 Investment of public funds, state officer or employee interest in, restrictions 42.52.190 Judicial branch officers and employees, enforcement duties of commission on judicial conduct 42.52.370 Legislative declaration 42.52.900 Legislative ethics board 42.52.310, 42.52.320 compensation of members 42.52.550 complaint filing 42.52.410 findings of fact and enforcement action 42.52.430 hearing and subpoena authority 42.52.390 interpretation 42.52.330 investigation of complaints 42.52.420, 42.52.425 optional hearings by administrative law judge 42.52.500 penalty assessment 42.52.480 political activities of board members 42.52.380 public hearing on complaint 42.52.430 referral of complaint for enforcement 42.52.470 review of order 42.52.440 subpoena authority, enforcement 42.52.400 transfer of jurisdiction 42.52.340 Legislator, attorney general to conduct investigation of complaint against 42.52.450 Limitations period 42.52.540 Political campaigns, use of public resources 42.52.180 Private business activity in state-owned housing 42.52.570 Private gain, use of public resources for 42.52.160 Recission of state action 42.52.510 Records, improper concealment 42.52.050 Solicitations, exemptions 42.52.800 charitable activities of executive branch state employees 42.52.805 legislative international trade account 42.52.810 legislative oral history account 42.52.803 national legislative association conference 42.52.820 state legacy project, state library, and archives account 42.52.802 tourism promotion 42.52.801 Special privileges prohibited 42.52.070 Suspension of state action pending determination of controversy 42.52.510 Testimony of state officer or employee 42.52.060 Universities, research 42.52.220 EUTHANASIA Animal control, See ANIMALS EVERETT Armed forces shipboard population determination, revenue allocation 43.62.030 EVERGREEN STATE COLLEGE (See COLLEGES AND UNIVERSITIES, subtitle The Evergreen State College) EVICTION (See also FORCIBLE ENTRY AND DETAINER; UNLAWFUL ENTRY AND DETAINER) (2008 Ed.) Judicial sales, judicial sale purchaser evicted because of reversal of judgment 6.21.130 EVIDENCE Admissibility of bank examination reports and information 30.04.075 bugging, wiretap, recording, interception of private conversation 9.73.050 business records business records as evidence, uniform act 5.45.010, 5.45.020, 5.45.900, 5.45.910, 5.45.920 copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 certified copies of public records and documents 5.44.040 child’s statement describing act or attempted act of sexual contact 9A.44.120 civil rights, copies of instruments restoring 5.44.090 compensation by a defendant health provider 7.70.080 foreign statutes 5.44.050 health care providers, civil actions against 5.64.010 medical malpractice compensation from other sources 7.70.080 consent forms, failure to use 7.70.060 ordinances of city or town 5.44.080 public records, copies of business and public records as evidence, uniform act 5.46.010, 5.46.910, 5.46.920 recorded and filed instruments, copies as evidence 5.44.060, 5.44.070 records, photographic copies of business and public records as evidence, uniform act 5.46.900 sympathetic gestures 5.66.010 traffic victims’ blood samples, state toxicologist’s report 46.52.065 transcripts of county commissioners proceedings 5.44.070 Age of legal criminal responsibility, determination 9A.04.050 Apple commission records 15.24.060 Application for insurance, use as 48.18.090 Authentication by seal, how affixed 5.44.130 Bank examination reports admissibility of 30.04.075 Blood or breath alcohol content test, refusal 46.61.517 Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Bugging, private conversations 9.73.050 Burden of proof conditions precedent, performance of 4.36.080 judgments, validity 4.36.070 medical malpractice 7.70.030 will contest 11.24.030 Capture by enemy, federal missing persons act, written finding of capture by federal officer or employee prima facie evidence 5.40.020 Certificate of acknowledgment 64.08.050 Certified copies of public records and documents as 5.44.040 Challenge to sufficiency of effect if sustained 4.56.150 nonsuit, when 4.56.120 procedure 4.56.150 Children age of legal criminal responsibility, determination 9A.04.050 testimony by closed circuit television 9A.44.150 Civil actions, transcript of testimony, as 2.32.250 Civil rights, copies of instruments restoring civil rights as 5.44.090 Conditions precedent, burden of proof of performance 4.36.080 Consent to medical treatment 7.70.060 Construction of rules of, court function 4.44.080 Controlled atmosphere storage of fruits and vegetables, inspection certificate 15.30.190 Controlled substances prosecutions analytical report is prima facie evidence of results of analysis of controlled substance 43.43.680 guilty person to pay crime laboratory analysis fee 43.43.690 subpoena of forensic scientist at preliminary hearing or trial, procedure 43.43.680 Conviction as affecting competency of witness evidence beyond reasonable doubt required for 10.58.020 Corporations records, evidentiary effect of copy of filed document 23B.01.270 Corporations, certificates and certified copies to be received in evidence nonprofit corporations 24.03.450 nonprofit miscellaneous and mutual corporations 24.06.495 County commissioners proceedings 5.44.070 Court, addressed to, when 4.44.080 Court records, admissible, when 5.44.010 Crimes age of children, determination of legal responsibility 9A.04.050 Criminal Code innocence, presumption of 9A.04.100 proof required for conviction 9A.04.100 Criminal offender record, photograph, fingerprint, etc. of identification and criminal history section of state patrol 43.43.725 Criminal proceedings age of children, determination for legal responsibility 9A.04.050 civil rules apply to criminal prosecutions 10.58.010 confessions made under duress, cannot be used 10.58.030 made under inducement, cannot convict unless corroborated 10.58.030 conviction doubt as to degree of offense, lowest degree must be used 9A.04.100, 10.58.020 evidence beyond reasonable doubt required for 9A.04.100, 10.58.020 discharging defendant to give evidence for state, bar to subsequent prosecution 10.46.110 larceny prosecution, sufficiency of proof of ownership of property 10.58.060 mental condition of defendant, expert or professional persons as witnesses 10.77.100 murder, second degree defense, establishment of 9A.32.050 preliminary examinations, deposition of witness 10.16.160 presumptions doubt as to degree of offense, lowest degree must be used 9A.04.100, 10.58.020 innocence 9A.04.100, 10.58.020 prior conviction use in later prosecution 9.94A.637 vacation of record, conditions 9.94A.640 property, pleading proof of ownership 10.58.060 sex offenses admissibility 10.58.090 statements of defendant, admissibility 10.58.035 view of place of crime by jury 10.58.080 Criminally insane admissibility 10.77.030 establishment of 9A.12.010 Death federal missing persons act, written finding of death prima facie evidence 5.40.020 [RCW Index—page 271] EVIDENCE transaction with deceased person, competency of testimony as to 5.60.030 Deeds, incorporated towns, truth of recital 58.28.180 Defendants, criminal actions 10.46.110 Deferred prosecution program use and admissibility 10.05.080 Dependency proceedings sexual contact evidence admissible 9A.44.120 Dependency record information regarding sexual offenses state patrol records 43.43.725 Depositions preliminary examinations, deposition of witness 10.16.160 Depositions, See also DEPOSITIONS Dismissal of action, insufficient evidence 4.56.120 Documents certified copies of public records and documents as 5.44.040 Ejectment and quieting title actions actions between cotenants 7.28.240 pleading requirements 7.28.130 quieting title against outlawed mortgage or deed of trust 7.28.300 Electronic devices bugging 9.73.050 intercepting private conversations 9.73.050 video and sound recordings, use of police, fire, and certain emergency response personnel, when authorized 9.73.090 wiretap 9.73.050 Exceptions, reporter to take 2.32.200 Exceptions and denials of challenges to jurors, rules of evidence applicable on trial of 4.44.240 Failure to yield right of way, prima facie evidence of 47.36.110 Federal missing persons act, written finding of death, etc., by federal officer or employee prima facie evidence 5.40.020 Fees to state, mailed 1.12.070 Filing with state, mailed 1.12.070 Financial institution records, certification of authenticity and admission as evidence 30.22.245, 30.22.250 Financial responsibility law, reports, findings, deposit of security not to be used in evidence 46.29.240 Forcible entry and detainer, proof requirement of plaintiff 59.12.140 Foreign judgment, debt, evidence as defenses available 5.44.030 faith accorded to 5.44.020 Foreign statutes, printed copies, as 5.44.050 Fresh fruit sales limitation act, invoice as evidence of price paid 15.21.030 Gambling tax collections, commission records 9.46.350 Grand jury criminal investigations 10.27.090 subpoenas to witnesses 10.27.140 special inquiry judge subpoenas to witnesses 10.27.140 Habeas corpus authority to restrain party for hearing 7.36.100 new matter 7.36.110 Hearing impaired persons visual recording of testimony 2.42.180 Horticultural inspection certificates or other official documents as evidence 15.17.170 Injunction moral nuisances admission or guilt in criminal proceedings 7.48.072 reputation, admissibility 7.48.074 motion to reinstate 7.40.210 Injuries resulting from health care burden of proof 7.70.030 elements of proof 7.70.040 Insanity, requirements 9A.12.010 Insufficient [RCW Index—page 272] effect 4.56.150 nonsuit, ground for 4.56.120 Insurance application for 48.18.080 certificate of commissioner as 48.02.130 records of commissioner 48.02.130 Intercepted private conversations 9.73.050 video and sound recordings, use of police, fire, and certain emergency response personnel, when authorized 9.73.090 Internment by enemy, federal missing persons act, written findings of internment by federal officer or employee prima facie evidence 5.40.020 Jury, addressed to, when 4.44.090 Legal sufficiency challenge to, effect 4.56.150 nonsuit on grounds of lack of 4.56.120 Legislative sound recordings of debate, availability 40.14.170 Libel and slander application of defamatory matter to plaintiff, burden of proof 4.36.120 mitigating circumstances 4.36.130 Mediation proceedings communications and materials exempt from disclosure in later proceeding, exceptions 5.60.070 mediation by state or federal agency, determination of questions of privilege and confidentiality 5.60.072 Medical malpractice compensation by a defendant health provider 7.70.080 compensation by other sources 7.70.080 consent form contents 7.70.060 failure to use inadmissible 7.70.060 legal significance 7.70.060 elements of proof 7.70.040 Missing persons, federal missing persons act, written finding of missing person by federal officer prima facie evidence 5.40.020 Motor vehicle law, under accident reports as evidence 46.52.080 failure to yield right of way, prima facie evidence of 47.36.110 possession of certificate of ownership or registration of destroyed automobile or one with different motor as 46.12.070 scale weight as taken by arresting officer as evidence of total gross weight for excess weight offenses 46.44.047 Motor vehicles embracing another while driving 46.61.665 Murder, first degree defense, establishment 9A.32.030 Negligence per se breach of duty imposed by statute, ordinance, or rule 5.40.050 Newly discovered evidence motion for new trial affidavit requirements 4.76.070 News media compelled disclosure, protection 5.68.010 Nonsuit challenge to legal sufficiency of 4.56.150 insufficient evidence 4.56.120 Nuisances moral nuisances injunction, admission or guilt in criminal proceedings 7.48.072 Objection to admission of, exception to ruling, procedure 4.80.030 Ordinances of city or town as 5.44.080 Partition continuance of suit to determine claims 7.52.260 proceedings for sale of property 7.52.190 Payment of accident claim, medical service lien 60.44.060 Platting, subdivision and dedication of land act, copy of plat, effect 58.17.300 Pleadings are not evidence 5.40.010 Polygraph examinations sex offense, alleged victims 10.58.038 Private conversations, interception 9.73.050 Privileged communications 5.60.060 husband and wife family abandonment and nonsupport proceedings 26.20.071 libel, privileged communication as defense 9.58.070 supplemental proceedings 6.32.200 Privileged communications, See also PRIVILEGED COMMUNICATIONS Proof pleadings do not constitute 5.40.010 Proof, See also EVIDENCE, subtitle Burden of proof Railroad crossing, signals and devices exclusion of record in railroad crossing hearing from civil or criminal action arising out of an accident at or in the vicinity of the crossing 81.53.261 Rape admissibility of victim’s past sexual behavior 9A.44.020 Recorded and filed instruments, copies as evidence 5.44.060 Recorded plats, certified copies as 58.10.020 Records business records business records as evidence, uniform act 5.45.010, 5.45.020, 5.45.900, 5.45.910, 5.45.920 copies of business and public records as evidence uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 photographic copies of business and public records as evidence 40.20.030 certified copies of public records and documents as 5.44.040 copies of business and public records as evidence 5.46.010, 5.46.900, 5.46.920 copies of business and public records as evidence, uniform act 5.46.910 court admissibility of 5.44.010 replacement of records lost or destroyed costs 5.48.051, 5.48.070 hearing 5.48.040 methods of replacement 5.48.020 probate records 5.48.060 procedure 5.48.030 substitution of copy authorized 5.48.010 time for appeal extended 5.48.050 federal missing persons act, records of United States officers and employees as prima facie evidence of death, missing in action, etc. 5.40.030 gambling commission, tax collection actions 9.46.350 public photographic copies of business and public records as evidence 40.20.030 Redemption, evidence required 6.23.080 Referees filing evidence with report 4.48.070 power to take and report on 2.24.060 Registration of land titles duplicate certificate of title 65.12.290 receipt for certificate of title 65.12.260 Remittance to state, mailed 1.12.070 Reports, federal missing persons act, reports of United States officers and employees as prima facie evidence of death, missing in action, etc. 5.40.030 Resolution of necessity in eminent domain cases for acquisition of toll bridge property as 47.56.110 Revised Code of Washington prima facie evidence of the law 1.08.040 Self-incrimination (2008 Ed.) EXECUTION SALE accused not required to give evidence against self Const. Art. 1 § 9 bribery action, witness not excused on ground of 9.18.080, Const. Art. 2 § 30 criminal investigations grand jury immunity from prosecution, witness not excused if given immunity 10.27.130 perjury, immunity from prosecution does not apply to perjury 10.27.130 special inquiry judge immunity from prosecution, witness not excused if given immunity 10.27.130 perjury, immunity from prosecution does not apply 10.27.130 habeas corpus, public officers obeying writ 7.36.180 immunity from prosecution, witness not excused on grounds of self-incrimination if given immunity from prosecution 10.52.090 jeopardy, no person to be twice put in Const. Art. 1 § 9 perjury, immunity from prosecution does not apply to perjury committed in selfincriminating testimony 10.52.090 utilities and transportation commission witnesses 80.04.050, 81.04.050 witness not excused if given immunity from prosecution 10.52.090 witnesses, bribery, witness not excused on ground of self-incrimination 9.18.080 Sexual contact with children admissibility of child’s statement 9A.44.120 Signatures, federal missing persons act, signature of officer or employee prima facie authentic and authorized, when 5.40.040 Signs failing to have permit label as evidence of violation of highway advertising control act 47.42.130 Special inquiry judge subpoenas to witnesses 10.27.140 Standard of proof professional negligence of hospital or members of healing arts exception 4.24.290 State fruit commission records 15.28.120 Supplemental proceedings certification of evidence to judge 6.32.040 execution unsatisfied 6.32.010 refusal to apply property to judgment 6.32.010 Telegraphic or electronic communications bills and notes 5.52.040 burden of proof as to execution or genuineness 5.52.050 checks 5.52.040 contracts by deemed in writing 5.52.010 copy, defined 5.52.070 deemed in writing if signed 5.52.010 delivery of, necessity to effectuate notice, information or intelligence 5.52.020 due bills 5.52.040 duplicate, defined 5.52.070 instruments, by effect of copy or duplicate 5.52.030 recording copy 5.52.030 transmission authorized, when 5.52.030 notice deemed actual notice, when 5.52.020 orders and agreements for payment of money 5.52.040 power of attorney by effect of copy or duplicate 5.52.030 recording copy 5.52.030 transmission authorized, when 5.52.030 prima facie effect of copy 5.52.050 revenue stamp transmission 5.52.060 seal transmission 5.52.060 Testimony accused not required to testify against himself Const. Art. 1 § 9 bribery, exception Const. Art. 2 § 30 admissibility of decision of court as to 4.44.080 (2008 Ed.) facts preliminary to decided by court 4.44.080 attachment of witness to compel 5.56.070, 5.56.080 coroner’s inquest, reduction to writing 36.24.080 immunity from prosecution, See IMMUNITY FROM PROSECUTION motion for new trial on ground of newly discovered evidence, affidavit requirements as new testimony 4.76.070 oral testimony admissible on hearing to replace court records lost or destroyed 5.48.040 persons before judicial officer required to testify 5.56.050 persons in court required to testify 5.56.050 prisoners in jails or prisons, how obtained 5.56.090 privileged communications, See EVIDENCE, subtitle Privileged communications referee’s compensation for writing 4.48.100 referee’s power to compel 4.48.060 reporter to take 2.32.200 self-incrimination, See SELFINCRIMINATION supplemental proceedings answers required 6.32.200 immunity, when 6.32.200 referee’s report to judge 6.32.060 transcripts of, costs 2.32.240 treason, what necessary for conviction Const. Art. 1 § 27 weight of, not affected by religious belief Const. Art. 1 § 11 who may take 5.28.010 Traffic victims’ blood samples, state toxicologist’s report, admissibility, availability 46.52.065 Transcripts of county commissioners’ proceedings 5.44.070 use in civil actions 2.32.250 Treason, what necessary for conviction Const. Art. 1 § 27 Tree fruit research commission records 15.26.270 Unclaimed property police in possession disposal 63.32.010 manner of disposal 63.32.010 sheriff in possession disposal 63.40.010 manner of disposal 63.40.010 Variances from pleading action to recover personal property 4.36.210 View of premises by jury, procedure 4.44.270 Wills record of as evidence 11.20.060 witnesses to, affidavit, effect 11.20.020 Wiretaps 9.73.050 Witnesses, See WITNESSES Writings copies of record as evidence 5.44.060 EX POST FACTO Passage prohibited Const. Art. 1 § 23 EXAMINER OF TITLES Bond 65.12.090 Compensation 65.12.090 Oath 65.12.090 EXAMINING BUREAUS (See INSURANCE, subtitle Examining bureaus) EXCAVATIONS Agreements to indemnify for negligence related to, against public policy 4.24.115 Failing to fence or cover a public nuisance 7.48.140 Mines and mining, fencing complaint 78.12.020 notice 78.12.030, 78.12.040 requirement 78.12.010 suit fees, fines, forfeitures, disposition 78.12.050 Oil and gas pipelines excavation, duties after notice of 81.88.110 prevention of third-party damage 81.88.070 EXCELLENCE IN EDUCATION Award program certificate 28A.625.042 Christa McAuliffe award for teachers 28A.625.030 established 28A.625.020 recognition award 28A.625.042 rules 28A.625.050 EXCEPTIONS Bill of lost or destroyed, substitution of copy authorized 5.48.010 Challenges to juries, to oral exceptions authorized, procedure 4.44.250 rules of evidence applicable on trial of 4.44.240 trial of 4.44.230, 4.44.240 Court commissioners notations in minutes by 4.80.040 stated to 4.80.040 Criminal procedure, civil practice rules applied to 4.80.140 Defined 4.80.010 Entry of 4.80.030, 4.80.040 Evidence, reporter to take ruling on objection to admission, procedure 4.80.030 Findings of fact court commissioners decisions 4.80.020 referees decisions 4.80.020 Habeas corpus warrant to prevent removal or irreparable injury 7.36.210 Judgments defined 4.80.010 when to be taken 4.80.020 Minutes, entry of objection in 4.80.030 Partition proceedings report of sale, to 7.52.380 Referee to note and file 4.48.070 Scope of application of chapter 4.80 RCW 4.80.140 Taking of, manner of taking 4.80.040 When to be taken 4.80.020 EXCESSIVE DAMAGES Reduction as alternative to new trial 4.76.030 EXCISE TAXES (See TAXES) EXCLUSIVE LEGISLATION Congress has over certain United States lands Const. Art. 25 § 1 subject to state’s right to serve process Const. Art. 25 § 1 Indian lands Const. Art. 26 § 2 EXCURSION SERVICE CARRIERS Certificate cancellation, suspension, or revocation 81.70.250, 81.70.260 required 81.70.220 Fees 81.70.320 Insurance or bond required 81.70.280 Interstate or foreign carriers 81.70.340 Regulatory fee, annual 81.70.350 Self-insurers 81.70.290 Unlawful operation with invalid certificate or registration 81.70.260 Utilities and transportation scope of authority, rule-making authority 81.70.270 Vehicle identification 81.70.330 EXCUSABLE HOMICIDE Defined as homicide 9A.32.010 EXECUTION SALE (See EXECUTIONS, subtitle Sales under) [RCW Index—page 273] EXECUTIONS EXECUTIONS Adverse claims affidavit of claimant 6.19.030, 6.19.050 application of statute, common law 6.19.020 costs 6.19.060 definitions 6.19.010 designation of parties 6.19.050 judgment, costs 6.19.060 oath of claimant 6.19.030 sureties, judgment against 6.19.060 surety bonds amount 6.19.030 cancellation 6.19.060 conditions 6.19.030 judgment on 6.19.060 justification of sureties 6.19.040 required 6.19.030 return of 6.19.050 trial 6.19.050 Attached property, on insufficient property 6.25.250 procedure 6.25.240 unsatisfied 6.25.260 Attachment writ compensation of officers 6.25.110 costs 6.25.120 expenses of officers 6.25.110 notation of time received 6.25.130 personal property, procedure 6.17.160 priority where several 6.25.130 property may be followed to adjoining county 6.25.150 property within county 6.25.110 real property, procedure 6.17.160 selection of property 6.25.110 sheriff’s duties, selection of property 6.25.110 stocks, procedure 6.17.160 value of property attached 6.25.110 Clerk’s duty on receipt of proceeds 6.17.150 Collection of money, limitation of action against collecting officer 4.16.080 Contempt for failure to obey writ of execution 6.17.070 Costs execution for against property of defendant 10.82.030 failure to pay after stay, execution against sureties, commitment of defendant 10.82.025 recognizance with sureties 10.82.020 stay of execution on furnishing 10.82.010 writ of execution to include 6.17.110 Costs of issuance, payment of conditioned to satisfaction of judgment 4.56.100 Costs taxable against assignees of actions 4.84.160 Crops, execution sales, redemption period, lien on 6.23.110 Damages, writ of execution to require, when 6.17.110 Defendant becomes bankruptcy debtor, procedure 6.01.050 Devisees and legatees, execution against property in custody of, writ contents 6.17.110 District courts, applicability of statute 6.17.010 District judges form of 12.04.203 service of 12.04.050 Dockets abstract of verdict entries 4.64.100 abstract to another county 4.64.100 administrative letters entered in 6.17.030 assignment of judgment recorded in 6.17.030 certificate of lien cessation entry, effect 4.64.100 certified transcript of, execution against local governmental entity 6.17.080 entries in (contents) 4.64.080 entry of certified abstracts of judgments by clerk 4.64.120 [RCW Index—page 274] proof of executor or administrator for execution of judgments in name of 6.17.030 proof of representative for execution of judgments in name of 6.17.030 verdict in 4.64.020 inspection of by public, when allowed 4.64.060 keeping of 4.64.060 location of 4.64.060 public record, as 4.64.060 verdicts entered, in 4.64.020 Ejectment and quieting title actions, restitution on vacation of judgments and granting of new trial 7.28.270 Enforcement of judgment execution against several persons 6.01.040 Executors and administrators, execution of judgments in name of 6.17.030 Exempt property 6.15.010 Exemptions from execution, See EXEMPTIONS FROM EXECUTION Fines, execution for failure to pay after stay, commitment of defendant 10.82.025 against property of defendant 10.82.010, 10.82.030 stay on furnishing recognizance for sureties 10.82.020 Garnishment judgments against defendant 6.27.260 garnishee 6.27.260 plaintiff 6.27.260 personal property, against 6.27.270 sale of property 6.27.270 sales under of personal property 6.27.270 Guardian and ward, costs against infant plaintiff recoverable against guardian ad litem 4.84.140 Habeas corpus, warrant to prevent removal or irreparable injury 7.36.210 Homesteads application for appraisal appointment of appraiser 6.13.130 appraisers, oath, duties 6.13.140 authorized, when 6.13.100 petition contents 6.13.110 verified 6.13.110 proof of service 6.13.130 costs 6.13.200 division of 6.13.150 exemptions, See EXEMPTIONS FROM EXECUTION levy 6.13.100 petition of appraisal to recite levied upon 6.13.110 proceeds of sale, disposition 6.13.170 Homesteads, See also HOMESTEADS Industrial insurance, payments exempt from assignment or execution 51.32.040 Interest on judgment, writ of execution to include 6.17.110 Jointly owned real estate, levy on 6.17.170 Judgments affidavit of creditor contents 6.17.100 filing required before issuance of writ 6.17.100 assignee of judgment, by 6.17.030 authorized within ten years, exceptions 6.17.020 bail forfeiture 10.19.100 cities and towns, against 6.17.080 clerk’s duties 6.17.120 by confession 4.60.070 contents of writ 6.17.110 counties, against 6.17.080 delivery of real or personal property 6.17.070 executors and administrators, by, on death of judgment creditor 6.17.030 exemptions, See EXEMPTIONS FROM EXECUTION fee 6.17.020 form of writ 6.17.110 homesteads, See EXECUTIONS, subtitle Homesteads justices of the peace, See JUSTICES OF THE PEACE, subtitle Execution of judgments kinds 6.17.060 legal representatives, by 6.17.030 levy and sale generally 6.17.130 joint property on personal property 6.17.180 partnership property, personal property 6.17.180 local governmental entity, against 6.17.080 particular cases, in 6.17.070 payment of money 6.17.070 personal property, bond to retain possession 6.17.190 personal representatives, by 6.17.030 property against 6.17.110 property liable to 6.17.090 referee’s power as to 2.24.060 service of writ 6.17.130 sheriff’s duties 6.17.120 time limitation, exceptions 6.17.020 trust property exemption where trust from person other than judgment debtor 6.32.250 writ in particular cases 6.17.070 Justices of the peace judgments, execution of, See JUSTICES OF THE PEACE, subtitle Execution of judgments Kinds 6.17.060 Liens, inn keepers, attachment or execution on guest’s property 60.64.010 Local governmental entity, execution of judgments against attachment, when 6.17.080 Mandamus proceedings, damages and costs, for 7.16.260 Nuisances abatement 7.48.280 fines 7.48.260 judgments, of 7.48.020 penalty for maintenance of place of prostitution, assignation or lewdness 7.48.090 warrant of abatement deemed as, when 7.48.030 Partition proceedings, costs included in decree 7.52.480 Pension benefits exemption from judgment for out-of-state income tax on pension benefits 6.15.025 Private property not to be taken for public debt, exception Const. Art. 11 § 13 Process of superior courts 2.08.220 Quo warranto proceedings, collection of costs from corporations 7.56.110 Redemption from sale agricultural lands, rents and profits 6.23.090 amount to be paid 6.23.020 authorized, when 6.21.080 crops 6.23.110 homesteads 6.23.110 insurance, credit 6.23.090 judgment debtor redeems, effect 6.23.060 lease, short term leasehold sale absolute and not subject to redemption 6.21.080 notice requirements during redemption period 6.23.030 payment on successive redemption 6.23.070 possession during redemption period 6.23.110 priority to redeem 6.23.070 procedure 6.23.080 real estate brokers, listing, sales, proceeds distribution 6.23.120 redemptioner, defined 6.23.010 (2008 Ed.) EXECUTORS AND ADMINISTRATORS rents and profits, accounting for during redemption period 6.23.090 right to redeem 6.23.070 sheriff’s deed authorized, when 6.23.060 statements of amount paid 6.23.050 successive redemptions 6.23.040 time allowed for 6.23.020 value for use and occupation 6.23.090 waste during period of redemption conduct not constituting 6.23.100 restraining of 6.23.100 who may redeem 6.23.010 Removal, secreting, or assigning property to avoid 9.45.080, 9.45.090 Rents and profits accounting for during redemption period 6.23.090 writ of execution to require, when 6.17.110 Retirement benefits exemption from judgment for out-of-state income tax on pension benefits 6.15.025 Returned, time for 6.17.120 Rolling stock or railroad liable Const. Art. 12 § 17 Sales under acknowledgment of payment, personal property 6.21.070 application of chapter to district courts 6.21.010 auction, conducted by 6.21.050 bill of sale 6.21.070 community real property subject to 26.16.040 conduct and manner personal property 6.21.050 real property 6.21.050 conveyance authorized, when 6.23.060 delivery of personal property 6.21.070 enforcement of foreign judgments, uniform act 6.36.130 fee of sheriff 36.18.040 industrial insurance property acquired by state for delinquency 51.16.180 leasehold, short term, not subject to redemption 6.21.080 notice of sale form 6.21.040 mortgage foreclosure deficiency judgment 61.12.100, 61.12.110 personal property 6.21.020 objections to confirmation by executors and administrators 6.21.110 payment, personal property 6.21.070 personal property acknowledgment of payment 6.21.070 bill of sale 6.21.070 delivery 6.21.070 manner 6.21.050 payment 6.21.070 railroad property subject to Const. Art. 12 § 17 real estate contracts 6.21.070 real property 6.21.030, 6.21.040, 6.21.080 acres, sold by 6.21.090 confirmation proceedings 6.21.110 eviction of purchaser on reversal of judgment 6.21.130 manner of selling 6.21.090 payment, certificate of sale 6.21.100 return of officer 6.21.100 sold to highest bidder 6.21.100 time and place 6.21.050 redemption from sale, See EXECUTIONS, subtitle Redemption from sale satisfaction of execution, sale over 6.21.060 sheriff’s deeds 6.21.120 vendor’s interest 6.21.070, 6.21.080 Satisfaction of judgment, proceeds to clerk 6.17.140 Seal of writ 6.17.110 Signature to writ 6.17.110 State, judgments against satisfied without execution 4.92.040 Stay of execution, time periods, bond 6.17.040, 6.17.050 (2008 Ed.) Stay of executions bail forfeiture judgment 10.19.100 Supplemental proceedings power of court commissioners to determine 2.24.040 Supplemental proceedings, See also SUPPLEMENTAL PROCEEDINGS Time limitation, exceptions 6.17.020 Trusts, exemption where trust from person other than judgment debtor 6.32.050 Witnesses, attachment of witnesses, execution of attachment 5.56.080 Writ, failure to obey, contempt 6.17.070 EXECUTORS AND ADMINISTRATORS (See also GUARDIAN AND WARD; PERSONAL REPRESENTATIVES; PROBATE) Absence from state, procedure, probate 11.28.040 Absentee’s estate, See PROBATE, subtitle Absentee’s estate Accounting chargeable with whole estate 11.48.030 final report and petition for distribution continuance of hearing if incorrect 11.76.060 liability of executor or administrator, judgment against 11.76.060 objections to 11.76.060 loss or destruction, not liable for if not in default 11.48.030 receipts for expenses by executor or administrator, necessity of 11.76.100 revocation of letters, upon 11.28.290 special administrators 11.32.060 Accounting, See also PROBATE, subtitle Accounting Actions and proceedings authority to maintain 11.48.020 bond of former executor or administrator, action on 11.48.120 claim not acted on, suit against executor or administrator on bond, also creditors and distributees 11.76.170 contracts, by or against executor or administrator, authority to maintain 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 executor of executor, authority to maintain 11.48.190 against executor or administrator arrest and attachment 11.48.200 claims and debts against estate, personal liability, when 11.76.160 claims not acted on, suit against executor or administrator on bond, also creditors and distributees 11.76.170 contracts 11.48.090 default judgment as evidence of assets 11.48.160 delinquencies, for 11.28.300 execution, several executors or administrators considered one 11.48.150 judgments, several considered as one 11.48.150 several considered as one for notice purposes 11.48.150 by executor or administrator bond of former executor or administrator 11.48.120 contracts 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 embezzlement 11.48.060 recovery of property 11.48.090 limitations upon actions, suspended during time of special administration 11.32.050 recovery of property 11.48.090 special administrator, by 11.32.030 Alien real property, fiduciary restrictions 65.16.070 Allowance or rejection of claims, See PROBATE, subtitle Claims and debts against estate Appointment notice of mailed or personally served to heirs and distributees 11.28.237 Attachment actions against, attachment allowed 11.48.200 money in hands of 6.27.050 Banks 11.36.010 attorneys of, probate fees disallowed to or to bank 11.36.010 disqualified to act as executor or administrator when will drawn by 11.36.010 Bonds former executor or administrator, action on bond 11.48.120 laws applicable to, guardians and limited guardians 11.88.110 nonresidents 11.36.010 release of surety from bond, procedure 19.72.110, 19.72.130 special administrators 11.32.020 Business property, continuation of during probate 11.48.025 Charitable trusts, generally Ch. 11.110 Claims, purchase of claims by 11.48.080 Claims and debts against estate, See PROBATE, subtitle Claims and debts against estate Compensation expenses of management allowed to 11.48.050 how fixed 11.48.210 special administrators 11.32.030 Compromise of claims, authority of executor or administrator 11.48.130 Concealment of estate property, recovery of procedure 11.48.070 Continuation of decedent’s business 11.48.025 Contracts, suits by or against executor or administrator on contracts, authority to maintain 11.48.090 Conveyances administrator cannot convey unless directory powers in will 11.28.070 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 fraudulent by decedent to defraud creditors, recovery action 11.48.140 recovery of property conveyed, procedure 11.48.070 Convictions, persons convicted of crime involving moral turpitude disqualified to serve as executors or administrators 11.36.010 Corporations disqualified to act as executor or administrator in probate 11.36.010 Corporations whose shareholders are exclusively attorneys may be personal representative 11.36.010 Costs for or against 4.84.150 County peddler’s licenses, exemption of executor and administrators from 36.71.070 Crime, conviction of crime involving moral turpitude disqualifies 11.36.010 Damages agreement to answer for from own estate must be in writing 11.48.040 not liable for without fault 11.48.030 Death of executor, letters of administration with will annexed on death of executor 11.28.060 Debts agreements to answer damages from own estate must be in writing 11.48.040 promise to pay debts of estate must be in writing to bind executor or administrator 11.48.040 uncollected, liability for 11.48.080 written agreement to answer damages from own estate 19.36.010 Delivery of will by 11.20.010 [RCW Index—page 275] EXECUTORY CONTRACTS Destroyed will, restraint pending application to prove 11.20.080 Discharge of closing estate, discharge upon 11.76.050 petition for in final report 11.76.030 Discovery additional property after final settlement 11.76.250 concealed or embezzled property 11.48.070 Disqualification, effect 11.36.010 Dormant accounts, savings and loan associations claim of amount transferred to dormant account fund 33.20.130 Embezzlement action for 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 Escheats, property of institution inmates, transfer to 11.08.111 Execution of judgments in name of 6.17.030 Execution sale, objections to confirmation by 6.21.110 Executor de son tort 11.48.180 Executor of executor authority to maintain action 11.48.190 powers of 11.28.060 Expenses of management allowed to 11.48.050 Final report and petition for distribution accounting attorneys’ fees to contestant of incorrect account 11.76.070 continuance of hearing if incorrect 11.76.060 liability of executor or administrator, judgment against 11.76.060 objections to 11.76.060 closing of estate 11.76.050 contents 11.76.030 filing of 11.76.030 hearing continuance when account incorrect 11.76.060 notice of, publication 11.76.040 time and place 11.76.040 notice mailed to heirs and distributees 11.76.040 Fraudulent conveyances by decedent, recovery action 11.48.140 Housing authority bonds, legal investments 35.82.220 Insane persons disqualified to act as 11.36.010 Investment of funds 39.60.050 community renewal obligations 35.81.110 metropolitan municipal corporation obligations 35.58.510 United States corporation bonds authorized, in 39.60.010 Judicial sale, objections to confirmation by 6.21.110 Letters of administration oath of administrator 11.28.170 persons disqualified 11.36.010 persons entitled to 11.28.120 Letters of administration with will annexed authority of administrator, limitations 11.28.070 death of executor, administration by 11.28.060 oath of administrator 11.28.170 persons disqualified 11.36.010 Letters of administration with will annexed, See also PROBATE, subtitle Letters of administration with will annexed Letters testamentary absent from state procedure 11.28.040 qualification as nonresident 11.28.040 action against for delinquencies 11.28.300 community property, surviving spouse or domestic partner entitled to letters 11.28.030 disqualification, powers of remaining executors 11.28.050 [RCW Index—page 276] executor of executor, powers of 11.28.060 granted to 11.28.010 minor disqualified 11.36.010 procedure when minor is executor 11.28.040 oath 11.28.170 objections to executor 11.28.020 persons disqualified 11.36.010 refusal to act, effect 11.28.010 removal, powers of remaining executors 11.28.050 Letters testamentary, See also PROBATE, subtitle Letters testamentary Liabilities continuation of decedent’s business, authority to incur 11.48.025 damages of estate, promise to pay by executor or administrator must be in writing 11.48.040 debts promise to pay by executor or administrator must be in writing 11.48.040 uncollected, liability for 11.48.080 embezzlement 11.48.060 executor de son tort 11.48.180 not liable for loss without fault 11.48.180 special administrator to creditors 11.32.050 Limitation of actions suspended during special administration 11.32.050 tolled by death of one represented 4.16.200 Lost will, restraint pending application to prove 11.20.080 Management of property, right to 11.48.020 Mentally ill, disqualified to act as executor or administrator in probate of will 11.36.010 Minors, disqualified to act as executor or administrator in probate 11.36.010 Nonintervention powers restriction or removal 11.68.070 Nonresidents may serve as, bond, service of papers, appointment of 11.36.010 Pendency of probate notice of mailed or personally served to heirs and distributees 11.28.237 Personal representatives corporation whose shareholders are exclusively attorneys 11.36.010 powers and duties 11.48.010 Possession of property, right to 11.48.020 Promises to pay debts of estate must be in writing to bind 11.48.040 Property of estate business property, continuation of business 11.48.025 management of 11.48.020 possession of 11.48.020 Purchase of claims by 11.48.080 Qualifications for letters and disqualifications convicts 11.36.010 corporations 11.36.010 infants and incompetents 11.36.010 nonresidents 11.36.010 Real estate sold by, limitation of actions to recover 4.16.070 Rents and profits, receipt by 11.48.020 Reports of 11.76.010 Reversal of judgment tolls limitation on action 4.16.240 Revocation of letters conviction of crime involving moral turpitude 11.36.010 mentally ill 11.36.010 Savings and loan associations may be member of 33.20.060 Setoff effect of judgment for defendant 4.56.050 by when defendant 4.32.140 against when plaintiff 4.32.130 Several considered as one for notice purposes 11.48.150 Special administrators accounting by 11.32.060 actions and suits, by 11.32.030 appointment of, when 11.32.010 bond 11.32.020 compensation of 11.32.030 family allowances, by 11.32.030 liabilities to creditors 11.32.050 limitation on actions suspended during 11.32.050 powers and duties 11.32.030 sales by 11.32.030 succession by executor or administrator 11.32.040 Successor personal representative appointment 11.28.280 Survival of actions personal injury action survives if injured person dies 4.20.060 wrongful death 4.20.010, 4.20.020 Trust companies attorneys of, probate fees disallowed to or to bank or trust company 11.36.010 disqualified to act as executor or administrator in probate when will drawn by 11.36.010 power to act as executor or administrator 30.08.150 Veteran estate management program claims against estate 73.04.135 criteria and authority of director of department of veterans affairs 73.04.130 definitions 73.04.131 guardians, department employees prohibited from serving as 73.04.140 Wills contest, notice to 11.24.020 delivery of will by, penalty for failure 11.20.010 lost or destroyed will, restraint of executor of administrator of previous will 11.20.080 Wills, See also PROBATE, subtitle Wills; WILLS Witnesses, competency as 5.60.030 EXECUTORY CONTRACTS (See CONTRACTS) EXEMPTIONS FROM EXECUTION Absconding debtors, exemption waived as to 6.15.050 Appraisal, procedure if appraised value exceeds exemption 6.15.070 Appraisers, personal exemptions of debtors to be appraised 6.15.060 Bonds, personal exemption claimant to list 6.15.060 Chattel mortgages 6.15.050 City of first class employees’ retirement rights, exempt from execution 41.28.200 Claim of appraisal 6.15.060 list and valuations 6.15.060 Debtors, absconding, exemptions waived as to 6.15.050 Earnings of spouse 6.15.040 Fees of appraisers 6.15.060 Garnishment effect of garnishment on exempt portions of a debt 6.27.120 wages, salary and other compensation, amount of 6.27.150 Group disability insurance, exemption of proceeds 48.18.400 Homesteads abandonment acknowledgment of declaration of abandonment, nonabandonment 6.13.050 execution of declaration of abandonment, nonabandonment 6.13.050 appraiser appointment 6.13.130 compensation of appraisers 6.13.190 qualifications 6.13.130 attachments, exempt from, when 6.13.070 (2008 Ed.) EXPLOSIVES bankruptcy, federal, state exemption duplication prohibited 6.13.080 child support obligation, homestead subject to execution and forced sale 6.13.080 contest of validity jurisdiction 6.13.070 venue of actions 6.13.070 conveyances acknowledgments 6.13.060 execution 6.13.060 incompetency or disability of spouse or domestic partner 6.13.210, 6.13.220 incompetent or disabled spouse or domestic partner 6.13.240 powers of attorney authorized 6.13.060 encumbrance of acknowledgment required 6.13.060 execution 6.13.060 powers of attorney authorized 6.13.060 execution against application for appraisal appointment of appraiser 6.13.130 appraiser, oath, duties 6.13.140 authorized, when 6.13.100 compensation of appraiser 6.13.190 hearing 6.13.130 petition contents 6.13.110 verified 6.13.110 proof of service 6.13.130 costs 6.13.200 division of 6.13.150 levy 6.13.100 proceeds of sale, distribution 6.13.170 sale of property not divisible 6.13.160 exempt from forced sale, when Const. Art. 19 § 1 filing petition for homestead alienation, where incompetent or disabled spouse or domestic partner 6.13.230 forced sale subject to, when 6.13.080 forced sale, when 6.13.070 jurisdiction, homestead exemption, contest of validity 6.13.070 liens laborers’, homestead subject to execution of forced sale 6.13.080 materialmen’s, homestead subject to execution and forced sale 6.13.080 mechanics, homesteads subject to execution and forced sale 6.13.080 vendors’, homestead subject to execution and forced sale 6.13.080 mortgages, homestead subject to execution and forced sale 6.13.080 presumptions, homestead validity 6.13.070 sales execution, on proceeds, disposition 6.13.170 exempt from forced sale, when 6.13.070 proceeds exempt 6.13.070 spousal or domestic partner support obligation, homestead subject to execution and forced sale 6.13.080 subject to execution, when 6.13.080 subject to forced sale, when 6.13.080 value petition for appraisal to show excessive value 6.13.110 when 6.13.070 Individual retirement accounts, transfer of spouse’s interest at death 6.15.020 Insurance group life, exemptions of proceeds 48.18.420 proceeds from exempt property exempt 6.15.030 Life insurance proceeds 48.18.400, 48.18.410, 48.18.420, 48.18.430 Negotiable instruments, personal exemption claimant to list 6.15.060 Nonresidents 6.15.050 (2008 Ed.) Pensions 6.15.020 exceptions 6.15.020 Police pensions in first class cities 41.20.180 Proceedings 6.15.060 Public assistance grants 74.04.280 payments 74.08.210 Separate property spouse and minor heirs, exempt from debts of husband 6.15.040 Spouse’s separate property 6.15.040 State employees’ retirement benefits, exceptions 41.40.052 Teachers’ retirement system rights, exceptions 41.32.052 Trusts, exemption where trust from person other than judgment debtor 6.32.250 Verifications, list of personal property where personal exemption claimed 6.15.060 Waiver 6.15.050 EXHIBITIONS AND SHOWS Dangerous exhibitions with firearms or weapons prohibited 9.41.260 EXHIBITS Court exhibits, reporter’s notes and unopened depositions, destruction, sheriff’s disposal, or preservation 36.23.070 Historical materials, preservation of declared public purpose 27.48.010 Superior court, delivery to preservation, sheriff’s disposal, or destruction 36.23.070 EXPENDITURES (See also STATE FISCAL MATTERS, subtitle Budget and accounting system) Public funds, account of to be published Const. Art. 7 § 7 State expenditure limitations Ch. 43.135 EXPENSES AND PER DIEM Air pollution control advisory council 70.94.240 Airport district commissioners, board of 14.08.304 College and university governing boards 28B.10.525 Depositions 4.84.090 District judge visiting judge 3.34.140 Educational service district boards 28A.310.160 Election officers, See ELECTIONS, subtitle Expenses Executors and administrators 11.48.050 Joint committee on energy supply and energy conservation, members 44.39.045 Jurors, expense of keeping 4.44.310 Mileage allowances, See MILEAGE Partition proceedings, referee and surveyor on partition 7.52.120 Personal representatives 11.48.050 Records committee, archives and records management division 40.14.050 Salaried officers not to receive witness per diem, exceptions 42.16.020 State officers and employees travel expenses how paid 41.04.300 Traffic safety commission 43.59.050 Travel expenses college and university governing boards 28B.10.525 district courts 3.58.040 district judge visiting judge 3.34.140 judges pro tempore 2.28.160 personnel resources board 41.06.110 public employment labor relations commission 41.58.015 public transportation benefit area authority, members of 36.57A.050 records committee, archives and records management division 40.14.050 state lottery commission 67.70.270 traffic safety commission 43.59.050 Witnesses prepayment or tender of subsistence and travel expenses 5.56.010 EXPLOSIVES Abandonment of, unlawful 70.74.295 Blasting caps limit on storage 70.74.040 storage, rules 70.74.030 storage with other explosives 70.74.100 Blasting near fur farms and hatcheries 70.74.250 Buildings malicious explosion of a substance 70.74.280 storage, rules 70.74.030 Coal mining code, effect on 70.74.210 Containers marking requirements 70.74.300 Crimes relating to endangering life and property 70.74.270 flame producing device, unlawful use 70.74.310 imitation devices, malicious placement 70.74.272 intimidation or harassment 70.74.275 malicious explosion of a substance 70.74.280 marking of containers 70.74.300 stink bombs, unlawful use 70.74.310 tear gas bombs, unlawful use 70.74.310 Dealers license requirements 70.74.130 records to be kept 70.74.230 sale to unlicensed persons 70.74.240 Defined, motor vehicle law 46.04.170 Definitions 70.74.010 Discharge of firearms near 70.74.170 Exemptions 70.74.191 Explosive devices, prohibition 70.74.180 Factories quantity and distance tables for storage 70.74.050 Firearms powder, storage with other explosives 70.74.340 Fireworks, See FIREWORKS Funds, management 70.74.013 Imitation devices, malicious placement 70.74.272 Improvised devices, defined 70.74.010 Licenses criminal information 70.74.360 expiration, extension 70.74.380 requirements 70.74.022 revocation, nonrenewal, suspension 70.74.370 Magazines classification, location and construction standards 70.74.025 inspection 70.74.150 storage, rules 70.74.061 storage in, required 70.74.025 Malicious explosion of a substance 70.74.280 Malicious placement 70.74.270 Manufacturers inspection 70.74.150 license 70.74.110, 70.74.144 Manufacturing buildings, quantity and distance tables for storage 70.74.050 Motor vehicles for transportation of explosives, flammable liquids or compressed gases operating while carrying flares, fusees or signals produced by flame prohibited 46.37.440 operating without electric lanterns or portable reflectors 46.37.440 Municipal ordinances not affected 70.74.201 Nuisances, manufacturing as public nuisance, when 7.48.140 Purchaser’s license fee 70.74.137 renewal 70.74.137 required 70.74.135 Quantity and distance tables manufacturing buildings 70.74.050 Records of sale of explosives 70.74.230 [RCW Index—page 277] EXPORTING AND IMPORTING Sale limits on quantity 70.74.040 records to be kept 70.74.230 restrictions on, waiver 70.74.020 unlicensed persons, penalty 70.74.240 Seizure and forfeiture 70.74.400 Sellers license 70.74.146 Separate storage of components, when 70.74.297 Small arms ammunition adoption of federal regulations by reference 70.74.320 primers, storage, limitations on 70.74.350 transportation and storage restrictions 70.74.330, 70.74.340 Small firearms powder, storage with other explosives 70.74.340 Stink bombs, restrictions on use 70.74.310 Storage license fee 70.74.140 requirements 70.74.120 limits on quantity 70.74.040 report to labor and industries 70.74.120 restrictions on, waiver 70.74.020 separate storage of components, when 70.74.297 small arms ammunition, restrictions on storage 70.74.330 Tear gas bombs, restriction on use 70.74.310 Theft or loss reporting 70.74.410 Unlawful access to 70.74.160 User’s license, renewal, fee 70.74.142 EXPORTING AND IMPORTING Agricultural commodities department of agriculture powers and duties 43.23.035 Agricultural commodity marketing international trade center, IMPACT contributions and support 28B.30.543 director 28B.30.539 duties 28B.30.537 primary functions 28B.30.535 research and services, fees 28B.30.541 Export trading companies authority to establish, business plan to be adopted 53.31.030 confidentiality of records supplied by private individuals 53.31.050 definitions 53.31.020 dissolution 53.31.040 federal certificate of review authorized 53.31.060 formation 53.31.040 legislative findings 53.31.010 powers 53.31.040 Minority business export outreach program 43.210.130 Small businesses economic development finance authority funding programs 43.163.030 EXPOSITIONS (See WORLD FAIRS OR EXPOSITIONS) EXPRESS COMPANIES (See TRANSPORTATION COMPANIES, subtitle Express companies) EXTRACTOR Defined 82.04.100 Tax imposed 82.04.230, 82.04.280, 82.04.440 Value of products 82.04.450 EXTRADITION Agent, duties 10.88.400 Agents appointment of 10.34.030 Application for requisition for return of person affidavits 10.88.410 contents 10.88.410 copies, one copy to secretary of state 10.88.410 filed by 10.88.410 [RCW Index—page 278] Arrest without warrant peace officer 10.88.330 private person 10.88.330 Civil process, service on extradited person 10.88.420 Confinement of prisoner cost 10.88.310 in transit, cost 10.88.310 Delivery of accused, violation, penalty 10.88.300 Demand from another state governor’s warrant 10.88.260 requirements 10.88.220 Expenses extradition agents, appointment of 10.34.030 Failure to make timely arrest or demand for extradition 10.88.360 Fresh pursuit, uniform act Ch. 10.89 Fugitives from another state arrest without warrant 10.88.370 bail by bond, conditions 10.88.350 bond forfeiture 10.88.370 commitment to county jail 10.88.340 discharge 10.88.360 failure to appear 10.88.370 magistrate’s warrant 10.88.340 pending criminal prosecution in this state, governor’s decision regarding 10.88.380 preliminary examination 10.88.340 recommitment 10.88.360 recovery on bond 10.88.370 Governor demand for, by 10.88.400 issue of warrant to agent 10.88.400 powers and duties as to 10.34.030 Person arrested right to legal counsel 10.88.290 writ of habeas corpus 10.88.290 Retaking fugitive in foreign state or territory, extradition proceedings 10.34.030 Return of person to this state, conditions 10.88.240 Rights, powers, privileges or jurisdiction of state not waived 10.88.440 Surrender of person to any other state 10.88.240 charged with crime committed in state other than demanding state 10.88.250 Trial for other crimes 10.88.450 Waiver of, procedure 10.88.430 Warrant, arrest without peace officer 10.88.330 private person 10.88.330 Warrant of arrest delivery without governor’s warrant 10.88.415 governor may issue another warrant, when 10.88.390 governor may recall, when 10.88.390 EYE BANKS Presumption of good faith 68.50.290 EYEGLASSES (See OPTICIANS, DISPENSING; OPTOMETRY; VISION CARE) EYES Schools, eye protection in schools Ch. 70.100 FABRICATORS Dies, molds, forms, and patterns fabricator’s lien Ch. 60.84 FACSIMILE DEVICES (See TELEPHONES, subtitle Telefacsimile messages) FACT Issue of, See ISSUES, subtitle Fact, issue of Questions of decided by jury 4.44.090 FACTORIES Employees to be protected Const. Art. 2 § 35 Explosive manufacturers, See EXPLOSIVES Safeguards to be employed Const. Art. 2 § 35 FACTORY ASSEMBLED STRUCTURES Advisory board 43.22.420 FACTORY BUILT HOUSING (See HOUSING) FAIR CREDIT REPORTING ACT (See CREDIT, subtitle Credit reports) FAIR TRADE (See MONOPOLIES; UNFAIR TRADE PRACTICES) Price-fixing, See PRICE-FIXING FAIRNESS IN LENDING ACT (See BANKS AND BANKING, subtitle Fairness in lending act) FAIRS (See also WORLD FAIRS OR EXPOSITIONS) Agricultural fairs, youth shows, and exhibitions, See AGRICULTURAL FAIRS Authorization for 36.37.010 County agricultural fairs and poultry shows Ch. 36.37 Fair fund horse racing commission fees 67.16.100 Fair land annexation to cities 35.13.010 Funds for 36.37.040 Intercounty participation 36.37.050 Lease of county property to nonprofit corporations for 36.34.145 state-owned lands for 36.37.150 Northern State Hospital, lands adjacent to 36.37.160 Management 36.37.040 Multiple counties 36.37.050 Property acquisition 36.37.020 Southwest Washington fair Ch. 36.90 State international trade fair defined 43.31.850 State international trade fairs application for funds 43.31.820 certification of fairs, allotments 43.31.830 funds from state trade fair fund 43.31.820, 43.31.830 post audit of participating fairs 43.31.840 state aid eligibility requirements 43.31.810 State trade fairs state trade fair fund 43.31.833, 43.31.834 expenditures 43.31.805 transfers 43.31.832 FALSE ARREST (See also FALSE IMPRISONMENT) Civil suit, reasonable cause a defense 4.24.220 Detention for, reasonable cause or delay a defense civil action 4.24.220 Shoplifting arrest, reasonable cause a defense to false arrest suit civil 4.24.220 detention for investigation 9A.16.080 FALSE ARREST INSURANCE County employees, providing for 36.16.130 FALSE CERTIFICATION Defined 9A.60.050 FALSE IMPERSONATION (See FALSE REPRESENTATIONS) FALSE IMPRISONMENT Action on limited to two years 4.16.100 Costs and disbursements, limitation on recovery of by plaintiff 4.84.040 Detention for, reasonable cause a defense for suit for false imprisonment civil 4.24.220 Shoplifting arrest for, reasonable cause or reasonable delay a defense for suit for false imprisonment civil 4.24.220 detention for investigation 9A.16.080 FALSE PRETENSES Attachment ground, debt not due 6.25.040 (2008 Ed.) FAMILY SUPPORT FALSE REPORTING Public disturbance gross misdemeanor 9A.84.040 FALSE REPRESENTATIONS Animals, false certificate of registration or false representation of breed, penalty 9.08.030 Certificates, falsification by public officer 42.20.050 City firefighters, civil service 41.08.150 Common carriers obtaining transportation at rates less than established 81.28.210, 81.28.220 shipping prohibited property 81.28.210, 81.28.220 Credit or financial rating, penalty 9.38.010 Recording title to real property, penalty 9.38.020 FAMILY ABANDONMENT AND NONSUPPORT (See also CHILD SUPPORT) Enforcement of support action by department to insure support 74.20.040 agreements between attorney general and prosecuting attorneys to initiate petition for support under uniform act 74.20.210 attorney general, intercounty proceedings, attorney general may represent petitioner in 74.20.210 citation for spouse to appear 74.20.230 divorce or separate maintenance application by attorney general or prosecuting attorney for show cause order to provide support 74.20.220 modification of decree, appearance by department on behalf of mother 74.20.220 intercounty proceedings, attorney general may represent petitioner 74.20.210 parent applying for public assistance, statement under oath as to income, etc., penalty 74.20.260 payment made through department upon notice to the clerk of the court 74.20.101 petition for order upon spouse to provide support application by mother 74.20.230 attendance of witnesses, power of court to compel 74.20.240 attorney general may apply for, when 74.20.230 contempt powers of court 74.20.240 filing fee, when nonpayment allowed 74.20.250 order granting, denying or fixing support 74.20.240 representation of child by department of social and health services 74.20.220 Family support payments as condition to suspension of sentence 9.92.060 Parent locator services 74.20.280 FAMILY ALLOWANCES (See also PROBATE, subtitle Family allowances) Absentees’ estates 11.80.050 Descent and distribution real property title vests immediately but subject to 11.04.250 Family support and postdeath creditor’s claim exemptions Ch. 11.54 FAMILY AND CHILDREN’S OMBUDSMAN, OFFICE OF Authority 43.06A.100 Child fatality review recommendations 43.06A.110 Communication with children in custody of state authorized 43.06A.100 Conduct warranting criminal or disciplinary proceedings, duty to report 43.06A.090 Confidentiality 43.06A.050, 43.06A.060, 43.06A.070, 43.06A.080 Created within office of governor, purpose 43.06A.010 (2008 Ed.) Evidence and testimony, admissibility 43.06A.060, 43.06A.080 Identifying information, release 43.06A.070 Liability for good faith performance 43.06A.085 Ombudsman appointment and term of office 43.06A.020 duties 43.06A.030 Privileged communications 43.06A.085 Records and information in department of social and health services, access 43.06A.100 FAMILY COURT Assistants appointment 26.12.050 Child abuse or neglect, reporting 26.12.170 Commissioners appointment and tenure 26.12.050 authority to order or recommend services 26.12.170 duties 26.12.060 Court-appointed special advocate program guardian ad litem appointment 26.12.175 Courthouse facilitator program 26.12.240 Dissolution of marriage 26.09.030 Family court proceeding defined 26.12.010 Guardian ad litem appointment, duties 26.09.220, 26.12.175 confidentiality 26.12.180, 26.12.183 ex parte communications 26.12.187 registry and selection 26.12.177 release of information 26.12.185 training 26.12.177 Hearings procedure 26.12.160 Improvement program, family and juvenile court 2.56.220, 2.56.230 Investigators appointment and tenure 26.12.050 Joint family court services 26.12.230 Judges designation 26.12.020 substitute judges 26.12.040 Jurisdiction exercise or granting of by superior court 26.12.010 Jurisdiction as to pending actions 26.12.190 Juvenile proceedings, commissioner power and authority 13.04.021 Marriage license fees 26.12.220 Parenting seminars authority to order or recommend 26.12.170 rules 26.12.172 Post-divorce problems 26.12.190 Privacy of parties 26.12.080 Probation officers duties 26.12.070 Proceedings involving children priority 26.12.205 Revision of acts and proceedings by superior court 26.12.215 Services court services 26.12.190 fees 26.12.220 program, services to parties in dissolutions and legal separations 26.12.260 Stenographers appointment 26.12.050 Therapeutic courts 26.12.250 Transfer of cases assignment to another judge 26.12.030 FAMILY FARM WATER ACT (See WATER AND WATER RIGHTS, subtitle Family Farm Water Act) FAMILY INDEPENDENCE PROGRAM Purchasing exemption 43.19.1901 FAMILY LEAVE Account 49.78.350 Benefits, employment 49.78.290 Certification 49.78.270 Civil actions by employees 49.78.330 Civil penalty 49.78.320 Complaint investigations 49.78.310 Construction of chapter 49.78.410 Effect on existing employment benefits 49.78.370 Effect on other laws 49.78.360 Entitlement to leave 49.78.220 Family leave insurance Ch. 49.86 Federal act, relationship to 49.78.390 Foreseeable leave 49.78.250 Generous policies, encouragement of 49.78.380 Intermittent or reduced schedule 49.78.230 Penalties 49.78.340 Prohibited acts 49.78.300 Protection, employment 49.78.280 Rules, authority 49.78.400 Sick leave child care 49.12.275, 49.12.280, 49.12.285, 49.12.290, 49.12.295 family member 49.12.265, 49.12.270, 49.12.287 Spouses employed by same employer 49.78.260 Unpaid leave 49.78.240 FAMILY MEDICINE (See MEDICINE, FAMILY) FAMILY PLANNING (See BIRTH CONTROL) FAMILY POLICY COUNCIL Community public health and safety networks council duties regarding 70.190.100 federal restrictions on funds transfers, application for waivers 70.190.150 planning grants and contracts with 70.190.090 proposals to council 70.190.030 Community services projects funds to implement 70.190.030 prioritization 70.190.030 proposals to facilitate criteria for consideration 70.190.030 Consolidation of existing councils or activities 70.190.020 Definitions 70.190.010 Grants to improve readiness to learn 70.190.040 Legislative findings 70.190.005 FAMILY PRESERVATION SERVICES Alternative response system Ch. 74.14D Appropriations transfer from foster care services, report 74.14C.070 Availability to eligible families 74.14C.005 Caseworkers authority to spend funds 74.14C.020 services provided 74.14C.020 training requirements 74.14C.020 Contracts to provide services 74.14C.032 Definitions 74.14C.010 Eligibility criteria 74.14C.042 Federal funds 74.14C.065 Funds 74.14C.060 implementation and evaluation plan 74.14C.050 Intensive services eligibility criteria 74.14C.040 Out-of-home care reporting requirements 74.14C.080 Referrals and services, reporting requirements 74.14C.090 Services provided 74.14C.020 Social and health services department duties 74.14C.030 Training and consultation for personnel, judges, and providers 74.14C.100 Volunteer services 74.14C.060 FAMILY RECONCILIATION SERVICES Administration of family services and programs by secretary of social and health services 43.20A.780 Department of social and health services responsibilities 74.13.036 Family reconciliation act Ch. 13.32A FAMILY SUPPORT (See FAMILY ABANDONMENT AND NONSUPPORT; FAMILY ALLOWANCES) [RCW Index—page 279] FARM LABOR CONTRACTORS FARM LABOR CONTRACTORS Applications requirements 19.30.030 Civil actions procedure 19.30.170 Civil penalties procedure 19.30.160 Controversies investigations, adjustments 19.30.130 Definitions 19.30.010 Duties 19.30.110 Injunctions 19.30.180 Insurance requirement 19.30.030 Licenses contents 19.30.070 denial, grounds 19.30.050 duplicate licenses 19.30.020 duration, renewal 19.30.081 renewal 19.30.090 required 19.30.020 revocation or suspension, grounds 19.30.060 Penalties for violations 19.30.150 Prohibited acts 19.30.120 Retaliation against employees prohibited 19.30.190 Rules for enforcement and administration 19.30.130 Surety bond or other security claim for wages 19.30.045 requirements 19.30.030, 19.30.040 Unlicensed persons liability for services 19.30.200 FARMERS MARKETS Nursery dealers licenses and fees 15.13.270, 15.13.280 FARMS AND FARMING (See also AGRICULTURAL MARKETING) Agricultural extension work, county programs 36.50.010 Agricultural fairs, youth shows, and exhibitions Ch. 15.76 Agricultural lenders farmers home administration loan guaranty program Ch. 31.35 Agricultural safety standards establishment and adoption, limitation and requirements 49.17.041 Ammonia emissions from agricultural or silvacultural fertilizer use, regulation prohibited 70.94.645 Beef commission Ch. 16.67 Beginning farmer financing program 43.180.290 Commodity boards, See COMMODITY BOARDS Commodity commissions, See COMMODITY COMMISSIONS Conservation commission, powers and duties Ch. 89.08 Conservation districts, organization and operation Ch. 89.08 Crop credit associations, See CROP CREDIT ASSOCIATIONS Crop liens, See LIENS, subtitle Crop liens Current use assessment, See OPEN SPACE LAND, subtitle Open space, farm, agricultural, and timber land, current use assessment Dairies and dairy products, See DAIRIES AND DAIRY PRODUCTS Dairy products commission, See DAIRY PRODUCTS COMMISSION Demonstration farms, property tax exemption 84.36.570 Dust, clean air act exemption 70.94.060 Family farm water act water withdrawal permits Ch. 90.66 Farm families guide to state and federal assistance programs 15.04.300 Farm implements, machinery, parts [RCW Index—page 280] business relations between independent retail business and manufacturers and distributors, regulation Ch. 19.98 repurchase requirements Ch. 19.98 Farm marketing agriculture director, duties 15.64.010 farm-to-school program 15.64.060 funds, use for studies 15.64.040 small farm direct marketing assistance program 15.64.050 studies of marketing problems 15.64.030 Farmers licensing requirements for peddling, exemption from, exceptions 36.71.090 low income definitions 35.82.260 housing projects 35.82.240 Farmers, low income housing application 35.82.250 Farmers home administration loan guaranty program Ch. 31.35 Farmers market nutrition program women, infants, and children 43.70.700 Farmland preservation findings 89.10.005 office 89.10.010 task force 89.10.020 Fences, See FENCES Food and environmental quality laboratory, purpose and activities Ch. 15.92 Foreclosure of real property, proceeding for loss of redemption rights, agricultural property excepted from 61.12.095 Fur farming Ch. 16.72 Gardeners, licensing requirements for peddling, exemption from 36.71.090 Home economics extension work, county programs 36.50.010 Horticultural pests and diseases, See HORTICULTURE Industrial insurance, optional exclusion for workers on parents’ family farms 51.12.020 Ladybugs and other beneficial insects Ch. 15.61 Machinery and equipment property tax exemption 84.36.630 Motor vehicles licensing, rates 46.16.090 motor freight carrier law exemption 81.80.040 operating under farm vehicle license, in violation of limitations thereon 46.16.090 trip permits 46.16.162 Noxious weeds, See WEEDS Nuisance lawsuits protection agricultural activity, defined 7.48.310 farm, defined 7.48.310 farm product, defined 7.48.310 farmland, defined 7.48.310 legislative finding and purpose 7.48.300 presumption of reasonableness 7.48.305 recovering costs to investigate, agencies 7.48.320 recovering lawsuit costs, farmers 7.48.315 Odors, clean air act exemption 70.94.640 Pesticide application act Ch. 17.21 Pesticide control act Ch. 15.58 Pesticide registration, commission on, membership and duties 15.92.090, 15.92.095, 15.92.100, 15.92.105, 15.92.110 Pesticides, See also PESTICIDES Produce stands, license requirements for peddling, exemption from 36.71.090 Real estate, seller’s disclosure farm, proximity to 64.06.022 Redemption of agricultural land, rents, profits and expenses during redemption period 6.23.090 Rural housing projects, authorization for 35.82.240 Rural rehabilitation program, agreements with and funds from federal government Ch. 15.70 Sabotage, interference or injury to agriculture constitutes, penalty 9.05.060 Small farm direct marketing assistance program Ch. 15.64 Sustaining agriculture and natural resources, center for, purpose and activities Ch. 15.92 Truck farmers, license requirements for peddling, exemption from 36.71.090 Warehouses, See WAREHOUSES Wastewater reclaimed water use Ch. 90.46 Water flows or levels, establishment of minimum for stockwatering requirements Ch. 90.22 Water pollution control enforcement 90.48.450 Water rights ground waters determination and appropriation Ch. 90.44 registration, waiver, and relinquishment Ch. 90.14 surface waters, determination and appropriation Ch. 90.03 Yakima river basin water rights Ch. 90.38 Water use, See WATER AND WATER RIGHTS Weather modification, See WEATHER MODIFICATION AND CONTROL Weeds, See WEEDS Wildlife damage control Ch. 77.36 FAVORITISM Foreign corporations, prohibited Const. Art. 12 § 7 FAX (See TELEPHONES, subtitle Telefacsimile messages) FEDERAL Aeronautics, federal licensing Ch. 14.16 Agreements to secure federal aid within scope of highway advertising control act of 1961 authorized 47.42.110 Alien property custodian, notices to concerning property affecting aliens 4.28.350 Bond issues of municipal corporations, sale to United States at private sale Ch. 39.48 Bonds or obligations disposal by county 36.33.190 mutual savings banks, authorized investment for 32.20.030 savings and loan associations, investment in 33.24.020 statewide city employees’ retirement system funds, investment in 41.44.100 Buildings, jurisdiction, exception Const. Art. 25 §1 Children’s sleepwear standards 70.110.030, 70.110.040 Clean air act compliance with 70.94.011 enforcement of plans approved under 70.94.785 Community College Act of 1967 conflict with federal law, effect 28B.50.440 federal funds, receipt 28B.50.520 Compact of state with Const. Art. 26 § 2 Consent of United States, necessary in disposing of certain lands Const. Art. 16 § 1 County property, long term leases 36.34.310 Courts, state judges having unfinished law business in 2.48.200 Department of commerce, state to place road markers as requested by department 47.36.090 Donation law, ejectment and quieting title actions as to donation claims 7.28.280 Emergency public works Ch. 39.28 Employees, See FEDERAL, subtitle Officers and employees Enemy aliens, tolling of statute of limitation of actions 4.16.210 Facilities of displaced for state highway purposes, department of transportation may exercise powers of eminent domain to relocate 47.12.150 Federal interstate highway system, TacomaSeattle-Everett highway facility to be part of 47.10.702 (2008 Ed.) FEDERAL COURT LOCAL LAW CERTIFICATE PROCEDURE ACT Federal property bids by state or political subdivision 39.32.070 purchase by political subdivision authorized 39.32.070, 39.32.080 procedure 39.32.090 state, authorized 39.32.070, 39.32.080 Federal surplus property general administration rules and regulations 39.32.060 Federal-aid for highway purposes, acceptance and administration of 47.04.050, 47.04.060, 47.04.070 custody of federal funds, disbursement 47.08.130 state to match federal funds 47.08.020 Federal-aid highway act of 1956 pledge of federal funds to be received under 47.10.718 Tacoma-Seattle-Everett facility to be constructed under 47.10.702 Flood control county lease or conveyance 36.34.220, 36.34.230, 36.34.240 state and federal cooperation authority for 86.24.020 contracts authorized 86.24.030 contracts with other governmental units 86.24.040 extent of participation 86.24.030 state interest 86.24.050 state and federal participation in projects, generally 86.09.163, 86.09.166, 86.09.169, 86.09.172 territory includable 86.09.019 Foreign trade zones application for permission to establish, operate and maintain 24.46.020 cities and towns 35.21.805 counties 36.01.125 legislative finding and intent 24.46.010 cities and towns 35.21.800 counties 36.01.120 port districts, general permission to operate 53.08.030 Forest lands conveyance to, counties 36.34.210 Forts, congress to have exclusive control Const. Art. 25 § 1 Funds crime victims compensation, authority to use 7.68.030 schools buildings and plants, availability to districts 28A.525.080 superintendent of public instruction to receive and administer federal funds 28A.300.070 Funds and programs acceptance, administration and disbursement by governor 43.06.120 director of financial management, notice and progress reports, concerning 43.88.205 governor, acceptance, administration and disbursement of 43.06.120 health, cooperation and participation in federal programs 70.01.010 limited access highways, contract and franchise rights 47.52.090 notice and progress report requirements 43.88.205 notice requirements 43.88.205 reports, progress requirements 43.88.205 travel expenses of committees, established to meet federal requirements, authority to pay 43.06.130 Geological survey, cooperation with for purposes of 43.92.060 Guaranteed obligations, use of as collateral 39.60.040 Habeas corpus, supreme court or court of appeals to determine federal questions 7.36.140 (2008 Ed.) Health, participation in federal programs authorized 70.01.010 High-level radioactive waste program, state radiation control agency to seek federal funds 70.98.125 Home owner’s loan corporation, bonds collateral security, bonds are eligible as 39.60.030 exchange of public or trust mortgages, contracts, judgments, and liens for authorized 39.60.020 valid investment for public and trust funds 39.60.010 Housing assistance, preservation of units application of chapter 59.28.030 definitions 59.28.020 eviction 59.28.070, 59.28.130 expiration or prepayment of assisted contract, mortgage, or loan, owner’s duty to give notice 59.28.040 legislative findings and purpose 59.28.010 regulatory powers of agencies not increased 59.28.050 rent increases after notice of expiration or repayment given, restrictions on 59.28.080 rental agreement modifications after notice of expiration or prepayment given, restrictions on 59.28.090 technical assistance 59.28.120 termination or prepayment of contract, mortgage, or loan, owner’s rights 59.28.050 violations, civil action as remedy, parties 59.28.100 Immigration authorities, aliens, notice to immigration authorities when committed to state institutions for crime 10.70.140 Indians, See INDIANS Insured deposits and accounts by federal government, use of as collateral security 39.60.040 Intercounty incorporation authority to deal with 35.02.250 utility services 35.02.250 Interstate commerce commission utilities and transportation commission to represent state 80.01.075 Irrigation districts contracts with cancellation procedure 87.03.280 generally Ch. 87.68 indemnity contracts by state 87.48.020 Joint operating agencies, contracts with for power 43.52.391 Land acquisition from state cession of state jurisdiction, reverter 37.04.020 consent of state given 37.04.010 previous cessions of jurisdiction saved 37.04.040 purposes 37.04.010 reserved jurisdiction of state 37.04.030 adverse possession against prohibited 7.28.090 concurrent jurisdiction with state, procedures 37.04.050 consent of necessary in disposing of certain lands Const. Art. 16 § 1 jurisdiction, exception Const. Art. 25 § 1 Limited access highways, cooperation with United States in constructing and maintaining authorized 47.52.020 contract and franchise rights 47.52.090 Missing persons act, written finding of death, etc., by federal officer or employee prima facie evidence 5.40.030 Mortgages, foreclosure 61.12.061 Municipal airports, federal aid 14.08.160 National defense facilities act, acceptance by state 38.48.050 National system of interstate and defense highways within state, adoption of standards, rules and regulations for 47.52.027 Navigation, county lease or conveyance 36.34.220, 36.34.230, 36.34.240 Officers and employees industrial insurance, application 51.12.060 militia duty, exemption from 38.44.030 not eligible to legislature, exception Const. Art. 2 § 14 Port district leases with, limitations 53.08.180 Port district revenue bonds, sale to 53.40.050 Postal savings system accounts, escheat of abandoned accounts to state Ch. 63.48 Property, state, county, or municipal, intergovernmental transfer of 39.33.010, 39.33.090 Public works emergency public works Ch. 39.28 federal loans and grants for, acceptance of authorized 39.28.040 Publication of legal notices, fees to be charged 65.16.091 Radiation monitoring, department of ecology to seek federal funds 70.98.122 Receipt of federal funds for construction of toll bridges authorized 47.56.130 Reclamation county lease or conveyance 36.34.220, 36.34.230, 36.34.240 Rehabilitation act of 1973 school facilities, barrier-free access 28A.525.030 Resource conservation and recovery act authority of department of ecology 70.105.145 Social security, See FEDERAL SOCIAL SECURITY Soldiers’ and sailors’ civil relief act of 1940 to apply in state courts 73.16.070 Standard and daylight saving time in local areas under federal control 1.20.050 State land settlement contracts, irrigation districts 87.48.020 State to cooperate with United States on road markers 47.36.090 Survey markers of United States, transportation department to aid in restoration of 47.36.010 Targeted jobs tax credit program administration 50.16.080 Tax liens application 60.68.005 certification 60.68.025 fees for recording or filing 60.68.035 index 60.68.045 notice 60.68.015 Taxation lands of not to be imposed Const. Art. 26 § 2 Title to unappropriated lands remains in Const. Art. 26 § 2 Transportation, department of rules and regulations for transporting explosives and flammables, state to approximate 46.48.170, 46.48.180 Unincorporated towns on, See TOWNSITES Utilities and transportation commission regulation, utilities and transportation commission to represent state in federal proceedings 80.01.075 FEDERAL AGENCIES Bonds, savings and loan associations, investment in 33.24.090 FEDERAL BUREAU OF INVESTIGATION Arrest and fingerprint forms state patrol duties 10.98.070 Disposition form and report state patrol duties 10.98.070 National crime information center interstate identification index 10.98.070 FEDERAL COURT LOCAL LAW CERTIFICATE PROCEDURE ACT Certification of local law question 2.60.020 Definitions 2.60.010 [RCW Index—page 281] FEDERAL DEPOSIT INSURANCE CORPORATION Practice and procedure 2.60.030 Short title 2.60.900 FEDERAL DEPOSIT INSURANCE CORPORATION Investments in stock of by banks and trust companies 30.32.010 Mutual savings bank liquidation 32.24.090, 32.24.100 State depositaries, amount of collateral required if insured with 43.85.070 FEDERAL HOME LOAN BANKS Bonds, savings and loan associations, investment in 33.24.090 Borrowing from authorized 30.32.020 Building and loan associations, borrowing and investing in 30.32.020, 30.32.040 Depositary for banks and trust company funds, may be designated as 30.32.040 Investments in stock of authorized 30.32.020 Saturday closing permitted, legal effect 30.04.330 FEDERAL HOME OWNER’S LOAN CORPORATION Bonds investment of public funds in, exchange for, authorized Ch. 39.60 savings and loan associations, investment in 33.24.090 FEDERAL HOUSING ADMINISTRATION Bonds, savings and loan associations, investment in 33.24.090 FEDERAL INTERMEDIATE CREDIT BANKS Investments in stocks or participation certificates of, authorized 30.04.375 FEDERAL LAND BANKS Investments in stock or other evidence of participation of, authorized 30.04.375 FEDERAL NATIONAL MORTGAGE ASSOCIATIONS Bonds, savings and loan associations, investment in 33.24.090 FEDERAL POWER ACT Licensee, exemption from state requirements 43.21A.068 FEDERAL POWER COMMISSION Public utility districts, license for hydroelectric projects Ch. 54.40 FEDERAL PROPERTY Purchase by political subdivision authorized 39.32.070, 39.32.080 procedure 39.32.090 state, authorized 39.32.070, 39.32.080 FEDERAL RESERVE BANKS Investments in stock of 30.32.010 Saturday closing permitted, legal effect 30.04.330 FEDERAL RESERVE SYSTEM Banks and trust companies, investment in 30.32.010 Membership in by banks and trust companies 30.32.010 FEDERAL SAVINGS AND LOAN ASSOCIATIONS Saturday closing permitted, legal effect 30.04.330 FEDERAL SAVINGS AND LOAN INSURANCE CORPORATIONS Bonds, savings and loan associations, investment in 33.24.090 FEDERAL SOCIAL SECURITY Acceptance of state for state, county, city and town, political subdivision employees of benefits, participation in Ch. 41.47 Agreement of state for participation of state and political subdivision employees in, [RCW Index—page 282] employees’ contributions, OASI contribution fund Ch. 41.48 Disability program, state agencies authorized to enter into agreements 43.17.120 appointment of personnel 43.17.120 Employees’ contributions 41.48.040 Port district employees, coverage 53.08.180, 53.08.190, 53.08.200 Puget Sound ferry and toll bridge system employees to be under 47.64.060 State employees, plan for coverage of members Ch. 41.41 State employees sick leave payments accounting plan, payroll procedure development 41.48.130 agency sick leave authority 41.48.140 employee, defined 41.48.150 legislative intent 41.48.110 retirement system reports 41.48.180 sick leave account created 41.48.120 transfer of moneys to sick leave account 41.48.170 unused sick leave compensation 41.48.180 Statewide city employees’ retirement system employees, participation in 41.44.270 Teachers, plan for coverage of teachers under Ch. 41.33 FEDERAL SURPLUS PROPERTY County assistance to needy persons, expenditures for 36.39.040 Food commodities, receipt and distribution 74.04.380 General administration acquisition of surplus property authorized 39.32.020 definitions 39.32.010 leasing and acquisition 39.32.035 purchase, requisition, and selling procedures 39.32.040 rules and regulations 39.32.060 Public assistance distribution county assistance to needy persons, expenditures for 36.39.040 eligibility for 74.04.340 expenditures for 74.04.360 not construed as public assistance 74.04.350 receiving and using property by uncertified persons, penalty 74.04.385 selling, transferring or disposing of commodities by recipient, penalty 74.04.385 FEED (See also GRAIN; HAY) Commercial responsible buyer status 15.53.9015 Commercial feed administration and administrative rules 15.53.9012 adulteration 15.53.902 definitions 15.53.901 distribution and production information, publication 15.53.9042 inspection 15.53.9018 inspections 15.53.9024 intergovernmental cooperation 15.53.9046 labeling 15.53.9016 licensing requirements, violations 15.53.9013 misbranding 15.53.9022 moneys, disposition 15.53.9044 noncompliance, department of agriculture remedies 15.53.9038 noncompliance, department remedies 15.53.904 official samples 15.53.9024 records, confidentiality 15.53.9018 Pet food and specialty pet food registration requirements 15.53.9014 FEED LOTS Brand inspection Ch. 16.58 Certified feed lots, licensing and fees Ch. 16.58 Records and fees Ch. 16.58 FEES Accountability for Const. Art. 11 § 5 Accused in criminal cases, no advance Const. Art. 1 § 22 Aircraft registration 47.68.250 Alcoholic beverages retailer’s license, See ALCOHOLIC BEVERAGES, subtitle Licenses Appraisers exemptions from execution appraisal fee 6.15.060 Attachment, officers seizing property 6.25.110 Attorneys appeals 4.84.130 attachment 6.25.100 bar association 2.48.130, 2.48.140, 2.48.150, 2.48.160 cases wherein allowed, court to fix amount 4.84.020 chattel liens 60.08.050 contracts or leases providing for award 4.84.330 costs, as, damage action seven thousand five hundred dollars or less 4.84.250 costs, as, damage actions five thousand dollars or less 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 fixing amount by court 4.84.020 foreclosure of mortgages, amount fixed by court 4.84.020 medical malpractice suits 7.70.070 negotiable instruments cases wherein allowed, court to fix amount 4.84.020 contract provision for allowance, court to fix amount, limitation 4.84.020 partition proceedings 7.52.480 payment of fee on discharge of attorney 2.44.040 plaintiff denied recovery of as costs, when 4.84.030 prevailing party frivolous action or defense, award to prevailing party 4.84.185 probate contestant of incorrect account to be entitled to 11.76.070 nonintervention estates, personal representative removed or restricted 11.68.070 schedule of fees 4.84.080 stolen or injured animals, action for damages 4.24.320 Washington state bar association admission fees 2.48.150 membership 2.48.130, 2.48.140 suspension for nonpayment 2.48.160 will contests 11.24.050 Auto transportation companies, filing certificate 81.68.050 Boundary review board 36.93.120 Business, occupational, or professional licenses 43.24.086 Chattel mortgages sheriff’s fee, foreclosure sale 36.18.040 Cities and towns off-street parking facilities, maximum schedules 35.86.060 special permits for motor vehicle oversize or overweight movement, fees paid to cities and towns, when 46.44.096 Clerk of court registration of land 65.12.780 Colleges and universities, See COLLEGES AND UNIVERSITIES, subtitle Fees Commercial ferries, filing certificate of convenience and necessity 81.84.040 Contract provisions for allowance of, court to fix amount, limitation 4.84.020 Coroners, enumeration of 36.18.030 Corporations fish marketing associations, membership 24.36.160 (2008 Ed.) FELONIES miscellaneous fees, nonprofit corporations 24.03.410 nonprofit corporations, disposition 24.03.415 secretary of state nonprofit corporations 24.03.405 reinstatement application 24.03.405 Corporations, See also CORPORATIONS, subtitle Fees Counties filing remittance of portion of for judges’ salaries 36.18.025 waived, when 36.18.022 special permits for oversize or overweight motor vehicle movement, fees paid to counties, when 46.44.096 County auditor enumeration 36.18.010 recording instruments 65.04.130 County officers generally Ch. 36.18 County treasurer district court income, remittance 3.62.050 enumeration of 36.18.045 Court clerks electronic payment 36.23.100 enumeration and distribution 36.18.012, 36.18.014, 36.18.016, 36.18.018, 36.18.020 Court commissioners 2.24.040 fees for certain official acts 2.24.040 salary in addition to 2.24.030 Court of appeals exemptions 2.32.070 Criminal records, dissemination of information from 10.97.100 Debtors who fail to appear plaintiff entitled to costs and fees 6.32.010 Disposition of, generally 42.16.030 District courts conviction or plea of guilty 3.62.085 fees allowed as court costs 3.62.065 fees for services 3.62.060 filing fees 3.62.060 District judges remittance 3.62.050 Eminent domain proceedings air space corridor, award on abandonment or defeat of proceedings 8.25.073 award of attorney and witness fees to condemnee 8.25.070 award of attorney and witness fees to condemnee or plaintiff 8.25.075 Filing evidence with state, mailed 1.12.070 instruments 65.04.130 mailed to state, time, penalty, evidence of filing 1.12.070 remittance of portion of for judges’ salaries 36.18.025 waived, when 36.18.022 Fraternal societies, incorporation Ch. 24.20 Fraternal society building corporations Ch. 24.24 Garnishment superior court, justice court 6.27.060 Granges, incorporation Ch. 24.28 Health districts, license or permit fees 70.46.120 Health-related state agencies fee schedule for professional health services 43.17.350 Highway purposes, highway fund Const. Art. 2 § 40 Impact fees metals mining and milling operations 78.56.130 Impact fees, See also IMPACT FEES Indigent parties, state to pay costs and fees incident to review by supreme court or court of appeals, when 4.88.330 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Fees Judicial officers prohibited from receiving Const. Art. 4 § 13 (2008 Ed.) Jury fees costs taxable as 4.44.110 supplemental proceedings 6.32.270 taxable as costs 4.44.110 Justices of the peace not to receive fees, when Const. Art. 4 § 10 Licenses paid into state general fund 43.79.020 Manufactured homes, mobile homes, commercial coaches, recreational vehicles, and park trailers, compliance insignia 43.22.350 Marriage licenses out-of-state requirements, compliance, schedule of 70.58.380 Moral nuisances sale of property by order of court 7.48.078 Motor vehicles highway purposes, to be applied to Const. Art. 2 § 40 license tabs 46.16.0621 special permits for oversize or overweight movements determining fee 46.44.096 to whom paid 46.44.096 weight fees 46.17.010, 46.17.020 Nonprofit miscellaneous and mutual corporations filing 24.06.450 miscellaneous fees 24.06.455 Officers cost bill may include 4.84.090 disbursement, as 4.84.090 Parties, state to pay costs and fees incident to review by supreme court or court of appeals, when 4.88.330 Partition proceedings attorneys at law, costs, as 7.52.480 referee, costs, as 7.52.480 Payable in advance 42.16.040 Pistol dealers, license, fees 9.41.110 Probate approval 11.68.100 contestant of incorrect account entitled to attorneys’ fees 11.76.070 nonintervention powers closing of estate 11.68.100 will contests, attorneys’ fees 11.24.050 Publication of legal notices 65.16.091 Recording instruments, See FEES, subtitle Filing Refunds of erroneous or excessive payments or fees 43.88.170, 43.88.180 Registrars of titles, registration of land 65.12.790 Registration of land titles certificate of withdrawal 65.12.235 certified copies of instruments 65.12.350 Secretary of state archives services, allocation of costs 40.14.025 Secretary of state, See also SECRETARY OF STATE, subtitle Fees Settlement offers time period 4.84.280 Sheriff enumeration of fees 36.18.040 State, remittance by mail, evidence of 1.12.070 Supplemental proceedings jury 6.32.270 referees costs, as 6.32.160 witnesses, costs, as 6.32.160 Venue change 4.12.090 Veterans seeking admission to state bar and practice of law 2.48.110 Washington state bar association active members 2.48.130 admission 2.48.150 inactive members 2.48.140 suspension for nonpayment 2.48.160 Weather modification and control 43.37.100 Witnesses civil actions prepayment of when compelling attendance 5.56.010 cost bill may include 4.84.090 costs on postponement of trial 4.84.100 criminal cases mileage allowances, verification under oath necessary for 10.01.140 reporting attendance to clerk necessary for payment of 10.01.130 disbursement, as 4.84.090 prepayment of on compelling attendance in civil action 5.56.010 prepayment or tender of fees 5.56.010 salaried officers not to receive, exceptions 42.16.020 Woodcutters, charge by landowner 4.24.210 FELONIES (See also CRIMES) Arrest and fingerprint form judge’s duties 10.98.050 unique number system 10.98.060 Arrest for, force, use of, when lawful 9A.16.020 Arson first degree 9A.48.020 second degree 9A.48.030 Attachment ground, when 6.25.030 Bigamy class C 9A.64.010 Bribery class B 9A.68.010 Bribing a witness definition and elements 9A.72.090 receiving by a witness 9A.72.100 Burglary first degree 9A.52.020 second degree 9A.52.030 Child selling—child buying class C 9A.64.030 Class A arson, first degree 9A.48.020 bail jumping 9A.76.170 burglary first degree 9A.52.020 criminal conspiracy, when 9A.28.040 kidnapping, first degree 9A.40.020 manslaughter in the first degree 9A.32.060 murder first degree 9A.32.030 second degree 9A.32.050 robbery, first degree 9A.56.200 Class B arson, second degree 9A.48.030 bail jumping 9A.76.170 bribery 9A.68.010 burglary second degree 9A.52.030 contraband, introduction into detention facility first degree 9A.76.140 criminal conspiracy, when 9A.28.040 escape, first degree 9A.76.110 extortion, first degree 9A.56.130 extortionate extension of credit 9A.82.030, 9A.82.040 incest first degree 9A.64.020 indecent liberties 9A.44.100 intimidating juror 9A.72.130 intimidation public servant 9A.76.180 kidnapping, second degree 9A.40.030 leading organized crime 9A.82.060 malicious mischief, first degree 9A.48.070 manslaughter, second degree 9A.32.070 perjury, first degree 9A.72.020 possessing stolen property first degree 9A.56.150 profiteering proceeds, use of 9A.82.080 promoting prostitution, first degree 9A.88.070 robbery, second degree 9A.56.210 sexual exploitation of a minor 9.68A.040 [RCW Index—page 283] FELONS taking motor vehicle without permission 9A.56.070 theft, first degree 9A.56.030 Class C bail jumping 9A.76.170 bigamy 9A.64.010 child selling—child buying 9A.64.030 communication with a minor for immoral purposes 9.68A.090 computer trespass 9A.52.110 criminal assistance, rendering of first degree, when 9A.76.070 criminal conspiracy, when 9A.28.040 custodial interference 9A.40.060, 9A.40.070 escape, second degree 9A.76.120 extortion, second degree 9A.56.130 forgery 9A.60.020 harming a police dog, accelerant detection dog, or police horse 9A.76.200 incest second degree 9A.64.020 introducing contraband, second degree 9A.76.150 obtaining a signature by deception or duress 9A.60.030 perjury, second degree 9A.72.030 possessing stolen property second degree 9A.56.160 profiteering use of proceeds 9A.82.080 receiving or granting unlawful compensation 9A.68.030 reckless burning, first degree 9A.48.040 requesting unlawful compensation 9A.68.010 riot, when 9A.84.010 sexual exploitation of a minor 9.68A.040 dealing in depictions of 9.68A.050 interstate distribution 9.68A.060 sporting event, influencing outcome 9A.82.070 state lottery violations 67.70.160 taking motor vehicle without permission 9A.56.075 threats against governor or immediate family, governor-elect, officers next in order of succession, penalty 9A.36.090 trading in public office 9A.68.040 trading in special influence 9A.68.050 unlawful imprisonment 9A.40.040 unlawful issuance of checks or drafts, amount 9A.56.060 unlawful stop-payment order 9A.56.060 vehicle prowling, first degree 9A.52.095 Classification, designation of 9A.20.010 Computer trespass first degree 9A.52.110 Contraband, introduction into detention facility first degree class B 9A.76.140 Conviction histories for filings, plea agreements, and sentencing state patrol primary source 10.98.030 Credit cards factoring, unlawful 9A.56.290 Criminal assistance, rendering of first degree class C, when 9A.76.070 Criminal attempt, classes 9A.28.020 Criminal conspiracy classification 9A.28.040 defined, for Criminal Code 9A.28.040 Custodial interference first degree 9A.40.060 second degree 9A.40.070 Disposition form and report felony conviction disposition form and report transmit to corrections department 10.98.090 Effect on wrongful death action 4.20.010 Escape first degree class B 9A.76.110 second degree class C 9A.76.120 [RCW Index—page 284] sexually violent predators 9A.76.115 Extortion first degree class B 9A.56.130 second degree class C 9A.56.130 Extortionate extension of credit 9A.82.030, 9A.82.040 Fingerprints judge’s duties 10.98.050 Forgery class C 9A.60.020 Guilty plea or conviction information to department of health 43.43.825 Harming a police dog, accelerant detection dog, or police horse class C 9A.76.200 Incest first degree class B 9A.64.020 second degree class C 9A.64.020 Indecent liberties class B felony 9A.44.100 Insurance companies, false advertising in organization 48.06.190 Intimidating a judge defined 9A.72.160 Intimidating a juror class B 9A.72.130 Intimidating a witness class B 9A.72.110 Introducing contraband second degree class C 9A.76.150 Jails admission or release prompt reporting to corrections standards board 10.98.130 Jurisdiction over, superior courts 2.08.010, Const. Art. 4 § 6 Kidnapping first degree class A 9A.40.020 second degree 9A.40.030 Leading organized crime 9A.82.060 Malicious mischief, first degree class B 9A.48.070 Manslaughter first degree 9A.32.060 second degree 9A.32.070 Murder first degree class A 9A.32.030 second degree class A 9A.32.050 Obtaining a signature by deception or duress class C 9A.60.030 Perjury first degree class B 9A.72.020 second degree, class C 9A.72.030 Possessing stolen property first degree class B 9A.56.150 second degree class C 9A.56.160 Profiteering proceeds, use of 9A.82.080 Promoting prostitution class B 9A.88.070 Public money, use of by officer Const. Art. 11 § 14 Public servant, intimidation of class B 9A.76.180 Punishment crime victims compensation penalty assessment 7.68.035 when not fixed by statute 9.92.010 Receiving or granting unlawful compensation class C 9A.68.030 Reckless burning, first degree 9A.48.040 Repeat offenders, commitment as habitual criminals 9.92.090 Requesting unlawful compensation class C 9A.68.010 Riot class C, when 9A.84.010 Robbery first degree class A 9A.56.200 second degree class B 9A.56.210 Seizure and forfeiture of personal property involved in a felony application of chapter 10.105.900 disposition of forfeited property and proceeds from the sale of forfeited property 10.105.010 procedure 10.105.010 property subject to seizure and forfeiture 10.105.010 Sentences, authorized 9A.20.020, 9A.20.021 Sexual exploitation of a minor class B 9.68A.040 class C 9.68A.040 dealing in depictions of class C felony 9.68A.050 interstate distribution of photographs class C felony 9.68A.060 Sporting event, influencing outcome 9A.82.070 State lottery action without requisite license 67.70.140 class C 67.70.160 forgery, fraud, deceit, misrepresentation 67.70.130 Status of suspected or convicted felons prompt response by patrol or corrections department 10.98.150 Suicide, promoting an attempt 9A.36.060 Superior court, original jurisdiction Const. Art. 4 §6 Taking motor vehicle without permission 9A.56.075 class B 9A.56.070 Tampering with a witness class C 9A.72.120 Theft first degree class B 9A.56.030 livestock 9A.56.080, 9A.56.083 Tracking of arrest charges 10.98.060 Tracking of felony cases arrest and fingerprint form 10.98.060 criminal justice information act 10.98.010 department of corrections to maintain records 10.98.110 Trading in public office class C 9A.68.040 Trading in special influence class C 9A.68.050 Trafficking 9A.40.100 Trafficking in stolen property 9A.82.050, 9A.82.055 Unlawful imprisonment 9A.40.040 Unlawful issuance of checks or drafts, amount class C, amount 9A.56.060 Unlawful stop-payment order class C, amount 9A.56.060 Witnessing, failing to report certain 9.69.100 FELONS Employment rights, restoration of, See EMPLOYMENT RIGHTS, RESTORATION OF Voting rights, See ELECTIONS, subtitle Felons FENCES Damages by breachy animals 16.60.075, 16.60.076 Definition and specifications 16.60.010, 16.60.011 Erection on another’s land, removal 16.60.055 Highways, temporary gate across 16.60.080, 16.60.085, 16.60.090, 16.60.095 (2008 Ed.) FERTILIZERS Lawful fences, definition and specifications 16.60.010, 16.60.011 Liability for damages to Ch. 16.60 Liability for damages to fences 16.60.015 Partition fences discontinuance 16.60.060 erection, notification 16.60.030 failure to build, cost recovery 16.60.040 hog fencing 16.60.050 maintenance 16.60.050 reimbursement 16.60.020 value, assessment 16.60.062, 16.60.064 Railroads cattle guards 81.52.050 duty to construct and maintain 81.52.050 Rivers and streams, fencing across 90.28.160 FERRIES (See also COUNTY FERRY DISTRICTS; PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM) Bicycles as baggage 81.28.260 Cities and towns authority to acquire and maintain 35.21.110 joint acquisition with counties 36.54.020 Collective bargaining and arbitration collective bargaining procedures 47.64.170, 47.67.175 definitions 47.64.011 grievance procedures 47.64.150 impasse procedures 47.64.200 insurance and health care plans 47.64.270 interest arbitration 47.64.300, 47.64.310 law suits any ferry employee organization and department of transportation may sue or be sued 47.64.250 mediation 47.64.210 waive, proceed with binding arbitration 47.64.230 notice and service 47.64.260 parties not bound by arbitration 47.64.320, 47.64.330 public policy 47.64.006 salary survey 47.64.220 scope of negotiations 47.64.120 strikes, work stoppages, and lockouts prohibited 47.64.140 unfair labor practices enumerated 47.64.130 union security provisions, agency shop provisions 47.64.160 Collective bargaining and arbitration, See also MARINE EMPLOYEES’ COMMISSION Commercial ferries, See TRANSPORTATION COMPANIES, subtitle Ferries, commercial County owned acquisition and operation, generally 36.54.010 annual plan for construction and maintenance 36.81.130 federal financial assistance, transportation department approval of tolls and charges 47.04.140 fourteen year capital improvement plan 36.54.015 joint acquisition and operation with state, other states, counties, cities, etc. 36.54.020 joint ferries between counties administration 36.54.040 authority for 36.54.030 claims against 36.54.060 county, commissioners refusal to act, effect 36.54.070 expenses 36.54.050 records 36.54.040 Design-build process, See PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM, subtitle Ferries Fine for operation without license 36.53.140 Insurance and health care plans 47.64.270 Marine employees’ commission, See MARINE EMPLOYEES’ COMMISSION Motor vehicle queues violations 46.61.735 Notification requirements 47.56.258 (2008 Ed.) Oil spills small spill education program 79A.60.620 Party operating ferry, ferry system by rent, lease or charter bound by chapter 47.64 RCW 47.64.090 Passenger-only ferry service grant program 47.01.350 public transportation benefit areas 36.57A.200, 36.57A.210, 36.57A.220 Vashon and Seattle back-up plan 47.01.360 Port districts, acquisition and operation of facilities 53.08.020 Privately owned authorization by special legislation prohibited Const. Art. 2 § 28 ferriage licensee duties 36.53.070 order of 36.53.110 penalty for nonperformance 36.53.070 rates of county commissioners fixing 36.53.080, 36.53.090 posting 36.53.100 interstate, county contribution 36.53.150 license exclusive grant 36.53.120 fees 36.53.020 grant 36.53.010 notice of application, posting 36.53.040 penalty for violations 36.53.140 revocation 36.53.130 whom granted to 36.53.030 licensee bond 36.53.050 duties 36.53.060 Puget Sound ferry and toll bridge system Ch. 47.60 Purchase of by transportation department authorized 47.56.050 Routes included in state highway routes Ch. 47.17 State contracts for vessel construction, maintenance, or repair security, alternate forms authorized in lieu of contractor’s bond 39.08.100 ferry system management exempt from civil service law 47.01.081 ferry terminals, maximum speed limits may be established 46.61.405 ferry vessels, acquisition under urban mass transportation act of 1964 agreement with federal administrator authorized 47.61.010 bond issue to provide state matching funds amount 47.61.020 authorized 47.61.020 conditions for issuance 47.61.020 denominations 47.61.050 highway bond retirement fund 47.61.100 issuance and sale 47.61.020 legal investment for state funds 47.61.050 motor vehicle fuel excise taxes pledged 47.61.070 motor vehicle fund, use of 47.61.090 negotiability 47.61.040 not general obligation 47.61.070 payment of bonds 47.61.070, 47.61.090, 47.61.100 prior redemption, use of excess funds for 47.61.110 proceeds, deposit and use 47.61.060 registration 47.61.040 sale, manner of 47.61.050 signatures 47.61.040 terms and conditions 47.61.030 joint acquisition with counties 36.54.020 routes that require a vessel that carries no more than one hundred vehicles, new construction 47.56.780 Strikes, work stoppages, and lockouts prohibited 47.64.140 Toll bridge employees subject to civil service 47.64.290 Transportation department powers and duties 47.56.032 FERRIES, COMMERCIAL Area already served, restriction upon issuance of certificate of convenience and necessity 81.84.020 Certificate of convenience and necessity application 81.84.020 area already served, restriction upon issuance 81.84.020 cancellation, revocation, suspension, alteration, or amendment of certificate, grounds for 81.84.060 exemptions 81.84.010 hearing upon application 81.84.020 insurance or bond required as condition of granting 81.84.025 issuance, determining factors 81.84.020 lease of 81.84.030 notice to other carriers when application made 81.84.020 penalties, each violation separate offense 81.84.050 required 81.84.010 sale of 81.84.030 temporary certificate may be issued in case of immediate and urgent need 81.84.070 terms and conditions may be attached to 81.84.020 transfer of 81.84.030 two or more companies operating in same area or routes 81.84.020 Penalties payment 81.84.050 recovery action by attorney general 81.84.050 remission or mitigation 81.84.050 violation of act or rules and regulations 81.84.050 Progress reports 81.84.010 Two or more companies operating in same area or route, determination 81.84.020 FERRY COUNTY Boundaries, tracing of 36.04.100 Superior court judges, number of 2.08.065 FERTILIZERS Adulteration 15.54.414 Agriculture, department of director’s powers and duties 43.23.110 Ammonia damages, liability 69.55.030 possession with intent to manufacture methamphetamine 69.50.440 theft 69.55.010 unlawful storage 69.55.020 Ammonia emissions from agricultural or silvacultural fertilizer use, regulation prohibited 70.94.645 Bulk fertilizer distribution license requirements 15.54.275 Commercial fertilizer distribution license cancellation or refusal to renew 15.54.436 reports by licensees, confidentiality 15.54.362 Commercial fertilizer registration application review 15.54.330 fees 15.54.325, 15.54.362 labels and guarantees 15.54.330 requirements 15.54.325 Commercial values, determination and publication 15.54.390 Contents, minimum percentages 15.54.400 Damages from administrative action 15.54.460 Data base, availability to public 15.54.433 Definitions 15.54.270 Distribution and information and analyses results, publication 15.54.430 Enforcement 15.54.800 Inspection deficiencies upon analysis, penalties 15.54.380 fees 15.54.350, 15.54.362 [RCW Index—page 285] FETAL ALCOHOL SYNDROME samples, analysis, and testing 15.54.370 Intergovernmental cooperation and agreements 15.54.490 Labeling claims and guarantees 15.54.330 requirements 15.54.340 Misbranding 15.54.412 Moneys collected, disposition 15.54.480 Noncompliance with chapter, seizure and disposition of goods 15.54.450 Nonnutritive substances in fertilizers, report 15.54.433 Packaged fertilizer registration reports by registrants, confidentiality 15.54.362 Stop sale, stop use, or withdrawal from distribution order 15.54.440 Unlawful acts 15.54.420 Violations, penalty 15.54.470, 15.54.474 Waste-derived or micronutrient fertilizers, standards for use 15.54.820 FETAL ALCOHOL SYNDROME (See PREGNANCY, subtitle Birth defects) FETAL DEATH Certificate of death for requirements 70.58.160 by whom filed 70.58.170 Defined 70.58.150 FETUS Concealing birth of 9.02.050 FIDELITY INSURANCE (See INSURANCE, subtitle Fidelity insurance) FIDUCIARIES (See also EXECUTORS AND ADMINISTRATORS; GUARDIAN AND WARD; RECEIVERS AND RECEIVERSHIPS) Banks and trust companies, authority to deposit securities 30.04.240 Bonds, premiums as lawful expense 48.28.020 Costs of litigation 4.84.150 Insurable interest in lives of certain persons 48.18.030 Insurance, life, use of trust funds authorized 11.100.120 Investment in common trust funds accounting 11.102.020 "affiliated" defined 11.102.010 application of chapter 11.102.030 authorized, exception 11.102.010 construction of chapter 11.102.040 uniform act Ch. 11.102 Investment of funds 39.60.050 Investment of trust funds application of chapter 11.100.050 authorized investment Ch. 11.100 buying or selling for self or affiliates prohibited 11.100.090 commercial accounts, when 11.100.037 community renewal obligations 35.81.110 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060 governed by this chapter 11.100.010 instrument authorized investment, defined 11.100.070 legal investment, defined 11.100.070 instrument creating trust controlling deviation upon court permission 11.100.040 investment trust or company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060 life insurance, purchase authorized 11.100.120 marital deduction interests 11.100.025 [RCW Index—page 286] metropolitan municipal corporation securities 35.58.510 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts collateral security 11.100.030, 11.100.037 federally insured 11.100.030, 11.100.037 authorized investment 11.100.030 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 United States corporation bonds 39.60.010 Life insurance, use of trust funds authorized 11.100.120 Nonroutine transactions notice and procedure 11.100.140 Person acting in place of fiduciary, liability 11.100.130 Principal and income, See PROBATE, subtitle Principal and income act Savings and loan association directors and officers 33.16.060 Securities, authority to deposit 30.04.240 Trust funds, investment of, See FIDUCIARIES, subtitle Investment of trust funds Trustees, See TRUSTEES Trusts defined 11.98.039 Unclaimed property 63.29.120 Uniform common trust fund act short title 11.102.050 FILES (See RECORDS AND DOCUMENTS) FILING (See also RECORDING AND FILING) Actions affecting title to real property in federal court 4.28.325 Claims against state 4.92.040 Conveyances, state or political subdivision conveyance of fee title, recording by grantor at time of delivery required, effect 65.08.095 Corporations nonprofit corporations 24.03.405 miscellaneous fees 24.03.410 reinstatement application 24.03.405 nonprofit miscellaneous and mutual corporations annual or biennial report 24.06.440, 24.06.445 Deeds of trust, master form 65.08.160 Evidence with state, mailed 1.12.070 Lis pendens, liability of claimants 4.28.328 Ordinances of cities and towns, statutes, code or compilation adopted by reference filing 35.21.180 Platting, subdivision and dedication of land 58.17.170 Probate inventory and appraisement of partnership interests of decedent 11.64.002 Probate, See also PROBATE Sheriffs’ uniforms, filing of standard uniform description 36.28.170 Small claims in district court 12.40.030 State, reports, remittances, claims etc., evidence of, mailed 1.12.070 Time, evidence of files with state, mailed 1.12.070 Tort claims against cities and towns 35.31.020, 35.31.040 counties Ch. 36.45 state 4.92.100 FILM (See MOTION PICTURES) FINANCE COMMITTEES Cities and towns, generally Ch. 35.39 Counties, creation 36.48.070 State, See STATE FINANCE COMMITTEE FINANCE COMPANIES Insurance premium finance company act, generally Ch. 48.56 FINANCES State, See STATE FISCAL MATTERS FINANCIAL AID, STUDENT Account, state financial aid 28B.76.525 Application of award 28B.92.110 Board guidelines 28B.92.040 powers and duties 28B.92.050 definitions 28B.92.030 Discrimination prohibited 28B.92.090 Educational trust fund 28B.92.140 Findings, intent 28B.92.020 Fund distribution 28B.92.120 Grants, gifts, bequests and devises of property 28B.92.130 Nonpayment or default on educational loan or scholarship 2.48.165 Part-time students 28B.92.085 Purpose 28B.92.010 Rules, board to adopt 28B.92.150 State need grant awards award process 28B.92.060 eligibility 28B.92.080 Persian Gulf veterans 28B.92.070 State work-study program Ch. 28B.12 Student educational loan contracts Ch. 26.30 Student loan financing Ch. 28B.07 Theology student denied aid 28B.92.100 FINANCIAL INSTITUTION INDIVIDUAL ACCOUNT DEPOSIT ACT (See BANKS AND BANKING, subtitle Deposits) FINANCIAL INSTITUTIONS (See also ALIEN BANKS; BANKS AND BANKING; CREDIT UNIONS) Accounts admission of records as evidence, certificate of authenticity 30.22.245, 30.22.250 disclosure of information, procedures 30.22.240 law enforcement requests for information, procedures 30.22.240 Charges financial institutions may charge customer for furnishing items or copies of items 30.22.230 Child support enforcement records access and data matches 74.20A.370 Compliance review documents applicability of privilege 7.88.050 confidentiality 7.88.020 confidentiality, exceptions 7.88.030 court review of application of privilege 7.88.040 definitions 7.88.010 immunity of compliance review personnel from compulsory testimony 7.88.020 Copies financial institutions may charge customer for furnishing items or copies of items 30.22.230 Defined for public depositary law 35.38.060 Deposit accounts false statement by applicant, penalty 9.38.015 Depositors, group insurance, qualifications 48.24.095 Discrimination, prohibited practices 49.60.175 General administration, department of apportionment of budgeted funds 43.320.016 Identity theft to improperly access financial information Ch. 9.35 Items financial institutions may charge customer for furnishing items or copies of items 30.22.230 Licenses local government fees Ch. 82.14A master license system exemption 19.02.800 Licensing apportionment of budgeted funds 43.320.016 Mortgage insurance Ch. 61.10 Mutual savings banks, See MUTUAL SAVINGS BANKS Profiteering disclosure of records 9A.82.170 (2008 Ed.) FINANCIAL MANAGEMENT, OFFICE OF Public employees direct deposit of wages and salaries 41.04.240 payroll deductions at request of employee authorized when institution meets necessary conditions 41.04.245 Records admission of records as evidence, certificate of authenticity 30.22.245, 30.22.250 compliance review information, confidentiality Ch. 7.88 disclosure of information, procedures 30.22.240 disposal of personal information Ch. 19.215 law enforcement requests for information, procedures 30.22.240 profiteering disclosure 9A.82.170 Savings and loan associations, See also SAVINGS AND LOAN ASSOCIATIONS Unclaimed property, uniform act Ch. 63.29 Uniform money services act Ch. 19.230 FINANCIAL INSTITUTIONS, DEPARTMENT OF Agricultural lenders farmers home administration loan guaranty program Ch. 31.35 Annual report required contents 43.320.100 Assistant directors appointment, delegation of authority by director 43.320.050 borrowing of money from regulated institution, prohibited practices, criminal penalties 43.320.090 deputization of assistant director to act in director’s absence 43.320.060 Banks interstate banking Ch. 30.38 supervisory direction and conservatorship, director’s powers and duties Ch. 30.46 Borrowing of money from regulated institution, prohibited practices, criminal penalties 43.320.090 Business opportunity fraud act Ch. 19.110 Capital stock savings bank, conversion of mutual savings bank Ch. 32.32 Check cashers and sellers, regulation Ch. 31.45 Commodity transactions, powers and duties Ch. 21.30 Consumer loan act, powers and duties Ch. 31.04 Created 43.17.010 Creation of department 43.320.010 Credit unions Ch. 31.12 Director appointment 43.17.020 appointment by governor 43.320.020 appointment of examiners and other assistants 43.320.020 deputization 43.320.060 borrowing of money from regulated institution, prohibited practices, criminal penalties 43.320.090 branch offices authorized 43.320.080 check cashers and sellers, powers and duties Ch. 31.45 conflict of interest, disqualification from appointment on the basis of 43.320.030 consumer loan act, powers and duties Ch. 31.04 credit unions, powers and duties Ch. 31.12 deputization of assistant director to act in director’s absence 43.320.060 federally guaranteed small business loan program, powers and duties Ch. 31.40 franchise investment protection, duties Ch. 19.100 high risk consumer loans, powers and duties Ch. 31.04 moneys received or disbursed, recordkeeping requirements 43.320.080 mutual savings banks, powers and duties Title 32 (2008 Ed.) office to be maintained in Olympia 43.320.080 powers and duties 43.19.015, 43.320.020, 43.320.045 public institutions director, powers and duties transferred to financial institutions director 43.19.015 qualifications 43.320.030 rule making authority 43.320.040 salary 43.320.020 Domestic savings bank, conversion to mutual savings bank Ch. 32.34 Employees borrowing of money from regulated institution, prohibited practices, criminal penalties 43.320.090 Escrow agent licensing, director’s powers and duties Ch. 18.44 Examiners borrowing of money from regulated institution, prohibited practices, criminal penalties 43.320.090 oath 43.320.070 Farmers home administration loan guaranty program Ch. 31.35 Federal savings bank, conversion to domestic savings bank Ch. 32.34 Financial literacy and education programs 43.320.150, 43.320.1501 Financial services regulation fund 43.320.110 Franchise investment protection Ch. 19.100 Funds financial services regulation fund 43.320.110 General administration, department of collective bargaining agreements unaffected 43.320.017 continuation of rules, pending, business, contracts, and obligations 43.320.014 transfer of banking, savings, and loan related powers, functions, and duties 43.320.011 civil service employees 43.320.013 equipment, records, and funds 43.320.012 validity of acts performed relating to transferred powers, duties, and functions 43.320.015 High risk consumer loans, powers and duties Ch. 31.04 Immunity from liability for department personnel for acts done in good faith in the performance of departmental duties 43.320.070 Interstate banking Ch. 30.38 Licensing, department of collective bargaining agreements unaffected 43.320.017 continuation of rules, pending, business, contracts, and obligations 43.320.014 transfer of banking, savings, and loan related powers, functions, and duties 43.320.011 civil service employees 43.320.013 equipment, records, and funds 43.320.012 validity of acts performed relating to transferred powers, duties, and functions 43.320.015 Mortgage brokerage commission, duties 19.146.280 Mortgage brokers, powers and duties of department Ch. 19.146 Mortgage lending fraud prosecution account 43.320.140, 43.320.1401 Mutual savings banks Title 32 Offices branch offices, establishment authorized 43.320.080 Olympia 43.320.080 Organization into divisions 43.320.050 Reports annual report, required contents 43.320.100 Savings and loan associations conversion of association for acquisition by association or holding company waiver of chapter requirements 33.48.290 director of financial institutions powers and duties 33.04.020, 33.04.025, 33.04.030, 33.04.042, 33.04.044, 33.04.046, 33.04.048, 33.04.052, 33.04.054, 33.04.060, 33.04.110 liquidation voluntary 33.40.010, 33.40.040 possession of domestic association by director of financial institutions 33.40.030, 33.40.040 possession of domestic associations by director of financial institutions 33.40.020 provisional officers and directors, appointment of 33.40.130 Savings and loan institutions liquidation involuntary 33.40.120 voluntary 33.40.110 stock associations stock sales, imposition of conditions by director 33.48.230 Securities regulation powers and duties 21.20.450 rules, orders, and forms, authority 21.20.450 securities prosecution fund 43.320.115 Small business loans, federally guaranteed director’s powers and duties Ch. 31.40 Smart homeownership choices program 43.320.160, 43.320.165, 43.320.170 Stock savings banks, incorporation and operation Ch. 32.35 Trust companies merger director of financial institution’s powers and duties Ch. 30.53 FINANCIAL MANAGEMENT, DEPARTMENT OF Higher education capital project strategic planning Ch. 43.88D FINANCIAL MANAGEMENT, OFFICE OF (See also STATE FISCAL MATTERS) Advisory or coordinating councils, authority to appoint and establish 43.41.120 Agency petty cash account, duties related to 42.26.040, 42.26.050, 42.26.070, 42.26.080, 42.26.090 Agency vendor payment revolving fund, duties related to 42.26.020, 42.26.030 Architectural and engineering services contracts with state agencies and amendments to them to be reported to the office 39.80.070 Armed forces shipboard population determination, revenue allocation 43.62.030 Boards, commissions, councils, and committees, listing legislative intent 43.88.500 legislature, submission to 43.88.510 procedures 43.88.505 submission of information 43.88.515 Boards and commissions new boards or commissions, criteria for establishment 43.41.250 Budget and accounting act, director, defined to mean director of financial management, wherever used 43.88.025 Budget requests for major information technology projects evaluation of agency requests by department of information services at request of office 43.105.180 Central budget agency, abolished 43.41.940 powers and duties transferred 43.41.050 City and town census allocations of state funds based upon, finality 43.62.020 annexation procedure 43.62.030 certification of 43.62.030 determination 43.62.030 disincorporation procedure 43.62.030 incorporation procedure 43.62.030 [RCW Index—page 287] FINANCIAL MANAGEMENT, OFFICE OF times for making 43.62.030 Civil service law assistant directors, exemption 43.41.080 deputy directors, exemption 43.41.080 state, application 43.41.070 Colleges and universities, enrollment forecast 43.62.050 Community public health and safety networks funds administration 43.41.190, 43.41.195 Comprehensive budgeting, accounting, and reporting system conform to generally accepted accounting principles 43.88.037 Contracts, authority to enter into 43.41.100 Creation 43.41.050 Crime victims medical aid for expenditure reduction plan 7.68.085 Criminal justice disposition form and report annual audit 10.98.100 Criminal justice forecasting 10.98.140 Criminal records tracking of felony cases department of corrections to maintain records 10.98.110 Definitions 43.41.040 Designated 43.41.035 Director accounts payment, procedure 43.41.106 requiring payment of 43.41.104 administrative hearings revolving fund duties relating to 34.12.140, 34.12.150 agency petty cash account, duties related to 42.26.050, 42.26.070, 42.26.080, 42.26.090 agency vendor payment revolving fund, duties related to 42.26.030 appointment 43.41.060 assistant directors, appointment, exemption from state civil service law, salaries 43.41.080 budget and accounting system approval of rate increases, calculation changes 43.88.350 expenditure program, duties 43.88.110 power to exempt public funds from allotment control 43.88.110 census 43.41.110 contract with United States 43.41.102 delegation of powers, duties and functions to other officers and employees 43.41.060 deputy directors, appointment, exemption from state civil service law, salaries 43.41.080 employees 43.41.070 energy facility site evaluation council member 80.50.030 information technology projects funding policies and standards, duty to establish 43.88.560 powers and duties, generally 43.41.100 salary 43.41.060 state lottery management review 67.70.310 vacancy 43.41.060 Education data center 43.41.400 Electronic transfers of funds and information, authorization and approval 43.41.180 Eminent domain by state awards, payment into court 8.04.160 Employees state civil service law, application 43.41.070 Energy conservation budget process, retention of savings 43.41.170 Enrollment forecasts 43.62.050 Expenses and per diem allowances for meals, coffee, and light refreshments at meetings 43.03.050 duties of director 43.03.065 payment to suppliers 43.03.065 [RCW Index—page 288] state employees, and members of boards, commissions, and committees, duties of director 43.03.050 Facilities for state programs long-term facility needs 43.82.055 predesign process 43.82.035 privately owned buildings being planned or under construction 43.82.045 Federal funds and programs notice of, progress report to 43.88.205 receipt of, authority 43.41.100 Federal REAL ID act 43.41.390 Federal regulations, conflict with state law, effect 43.41.970 Financial management, powers and duties of planning and community affairs agency transferred to 43.41.050 Fiscal management powers and duties of officers and agencies 43.88.160 Fiscal notes local government Ch. 43.132 state government Ch. 43.88A Health care funding basic health plan enrollment, monitoring and funding level adjustment 43.41.260 medicaid caseload of children, monitoring and funding level adjustments 43.41.260 Health resources strategy, statewide Ch. 43.370 Information technology projects evaluation of agency budget requests for major projects by department of information services at request of office 43.105.180 funding policies and standards, duty of director to establish 43.88.560 policies and standards governing the funding of major projects 43.105.190 Intergovernmental agency programs, authority 43.41.100 Interstate compact on placement of children, director’s duties 26.34.050 Inventory system for state-owned or leased facilities 43.82.150 Jail improvement and construction bond issue, 1981 operational costs payable from 70.48A.020 proceeds administration of 70.48A.040 Jails admission or release prompt reporting to 10.98.130 financial responsibility reimbursement rate, establish 70.48.440 Judicial impact notes development of with administrator for the courts 2.56.120 Loss prevention and review teams 43.41.370, 43.41.380 Motor vehicles, gasohol, use of 43.41.130 Natural resource-related and environmentally based grant and loan programs 43.41.270 Overpayment of wages, rules 49.48.220 Payroll procedure, state officers and employees agency payroll revolving fund, generally 42.16.011 cancellation of warrants refund of increased balance 42.16.016 transfer of increased balance 42.16.015 centralized system, establishment 42.16.011 certification by agencies 42.16.013 director 42.16.013 disbursement by warrant 42.16.014 establishment of policies, procedures, and pay dates 42.16.017 exemptions, optional inclusion 42.16.011 overpayment, rules 49.48.220 payroll preparation 42.16.017 refund of increased balance, canceled warrants 42.16.016 sources of disbursements 42.16.012 state payroll revolving account cancellation of warrants refund of increased balance 42.16.016 transfer of increased balance 42.16.015 creation 42.16.011 disbursement procedure 42.16.012 adoption by 42.16.014 by warrant 42.16.014 state treasurer to transfer funds to 42.16.013 transfer of funds to 42.16.013 state treasurer to transfer funds into state payroll revolving account 42.16.013 transfer of funds to state payroll revolving account 42.16.013 utilization of revolving fund 42.16.011 warrants cancellation refund of increased balance 42.16.016 transfer of increased balance 42.16.015 disbursements by 42.16.014 Personal service contracts database, state agency contracts 43.88.580 filing of contracts with office 39.29.055 guidelines and guidebook 39.29.100, 39.29.110 list of contracts, office of financial management to maintain 39.29.068 management training, audits 39.29.120 procedures by office of financial management 39.29.065 review and approval by office 39.29.055 Personnel, state civil service law, application 43.41.070 Planning and community affairs agency, planning function, financial management function, population function and research functions assigned to 43.41.050 Planning functions, powers and duties of planning and community affairs agency relating to transferred to 43.41.050 Population counties, determination and certification of 43.62.035 studies, payment for, procedure 43.62.010 Population functions, transferred to from planning and community affairs agency 43.41.050 Powers and duties 43.41.110 generally 43.41.100 Pregnancy, interagency task force on unintended pregnancy 43.41.905 Public funds accounts and funds may not be established outside treasury without permission of director of financial management 43.88.190 Purchases, emergency, state officers, etc., duties relating to 43.19.200 Purpose 43.41.030 Redesignated as office of financial management 43.41.035 Regulatory fairness act duties 19.85.050 Reorganization, transfers from central budget agency and planning and community affairs agency 43.41.940, 43.41.950, 43.41.970, 43.41.980 Research functions, transferred to from planning and community affairs agency 43.41.050 Rights and duties, transferred to 43.41.950 Risk management division, See RISK MANAGEMENT DIVISION Rules and regulations application of rules and regulations of prior agencies 43.41.950 state employees travel advances 43.03.210 Schools, enrollment forecast 43.62.050 Sentenced felon jail forecast office of financial management to prepare 10.98.140 State civil service law, exemptions, enumerated 41.06.075 State employee whistleblower program (2008 Ed.) FIRE PROTECTION performance audit 42.40.110 State health care cost containment policies 43.41.160 State land resources inventory duty to develop and maintain 43.41.150 State treasury, new accounts outside of, approval required, when prohibited 43.88.195 State-owned or leased vehicles employee commuting 43.41.140 Statewide combined financial reports, annual audit by state auditor 43.09.310 Treasury deposit receipts, rules for 43.08.060 FINANCIAL RATING False representations as to, penalty 9.38.010 FINANCIAL RESPONSIBILITY ACT (See MOTOR VEHICLES, subtitle Financial responsibility law) FINANCIAL SERVICES Tax imposed 82.04.440, 82.04.4291 FINANCING CONTRACTS State authority to enter into 39.94.030 definitions 39.94.020 legislative approval, when required 39.94.040 program expenses, payment 39.94.050 state finance committee duties 39.94.040 terms and conditions 39.94.030 FINDINGS OF FACT Cities and towns, community renewal law 35.81.050 Decisions of court commissioners, exceptions to, necessity of 4.80.020 referees, exceptions to, necessity of 4.80.020 Deemed as verdict 4.44.060 Highways state facilities through city or town, finality of findings of hearings by board on disapproval of final plan by city 47.52.180 New trial on setting aside 4.44.060 Parties may submit, procedure 4.44.070 Referee’s report set aside, if 4.48.090 Referee’s report to contain 4.48.070 Reports of court commissioners, exceptions to, necessity of 4.80.020 referees, exceptions to, necessity of 4.80.020 Setting aside, court findings may be set aside also 4.44.060 Verdict, findings of fact by court deemed verdict 4.44.060 FINES Amounts authorized 9A.20.020, 9A.20.021 Cities and towns payment of fines and forfeitures into police relief and pension fund 41.20.130 superior court jurisdiction to determine legality of 2.08.010 supreme court jurisdiction to determine legality of 2.04.010 Commitment to enforce payment 10.70.010, 10.82.030 duration of confinement 10.82.030 rate per day 10.82.030 working out 10.82.040 Corporations, criminal cases, amounts 10.01.100 County road and bridge violations, disposition to funds 36.82.210 Disposition of cities, police relief and pension fund 41.20.130 to school fund 4.24.180 snowmobiles, operation, violations 46.10.190 state treasurer 4.24.180 District courts 10.04.110 criminal proceedings stay of execution 10.04.120 Excessive, not to be imposed Const. Art. 1 § 14 Execution for 10.82.010 (2008 Ed.) failure to pay after stay, execution against sureties, commitment of defendant 10.82.025 against property of defendant 10.82.010, 10.82.030 stay of execution on furnishing recognizance for sureties 10.82.020 Ferries, operation without license 36.53.140 Governor’s power to remit Const. Art. 3 § 11 Hazardous materials, transportation of 46.48.175 Installments, payment in installments, permitted 9.92.070 Legislative hearings, witness in contempt 44.16.150 Legislature, remission of by special act prohibited Const. Art. 2 § 28 Lien against real property of defendants in criminal action 10.64.080 Mandamus, enforcement of writ by 7.16.280 Municipal, legality of superior court jurisdiction to determine 2.08.010 supreme court jurisdiction to determine 2.04.010 Nuisances contempt for violation of injunction 7.48.080 punishment, as 7.48.250 Offender’s liability for legal financial obligations Ch. 72.11 Payment default, enforcement and collection 10.01.180 deferred or by installments 10.01.170 installments permitted 9.92.070 Prohibition, enforcement of writ 7.16.320 Recovery of, action for 4.24.150 Remission legislative, by special act prohibited Const. Art. 2 § 28 power of governor, report to legislature Const. Art. 3 § 11 Report remissions to legislature Const. Art. 3 § 11 Restitution, in lieu of fine 9A.20.030 School funds, disposition to 4.24.180 State treasurer, disposition to 4.24.180 Working out rate per day 10.82.030 FINGERPRINTING Arrest and fingerprint form defined 10.98.040 state patrol sole recipient for federal transmission 10.98.070 transmit to state patrol 10.98.050 unique number system 10.98.060 Automatic fingerprint information system account established 43.43.565 local systems conditions of use 43.43.570 report 43.43.560 Background investigations of certain prospective employees and volunteers finger-print based 43.43.839 Dependency and protection proceeding record information involving sexual offenses 43.43.735 Identifying data transmitted to state patrol 10.98.050 Judgment, sentence of felony conviction, defendants fingerprint affixed to 10.64.110 Juveniles authorization by juvenile court administrator 10.98.050 Local agencies, submission of data to state patrol 43.43.742, 43.43.745 Powers and duties of law enforcement agencies 43.43.735, 43.43.745 State identification number patrol to furnish to originating agency and prosecutor 10.98.080 Tracking of arrest charges 10.98.060 FIRCREST SCHOOL (See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers) FIRE ALARMS False, sounding of 9.40.100, 9.40.105 Injuring or tampering with 9.40.100, 9.40.105 Molesting 9.40.100, 9.40.105 Tampering 9.40.100, 9.40.105 FIRE CODES Cities and towns, adoption by reference 35.21.180 International fire code, administration and enforcement 19.27.110 Uniform fire code, administration and enforcement 19.27.111 FIRE DEPARTMENTS Hazardous materials incidents liability for extraordinary costs incurred 4.24.314 State-owned property, furnishing of protection services under contract 35.21.775 arbitration in the event of continuing impasse between parties to contract negotiations 35.21.779 consolidation of contract negotiations with multiple state agencies 35.21.779 existing contracts not abrogated 35.21.778 notification of department of community, trade, and economic development and affected agencies of intent to enter into contract negotiations 35.21.779 Vehicles oversize or overweight permits 46.44.091 red flashing lights for 46.37.184 use of tires with studs 46.37.420 FIRE DISTRICTS (See FIRE PROTECTION DISTRICTS) FIRE EXTINGUISHERS School buildings automatic fire-extinguishing system requirements 19.27.113 FIRE HYDRANTS Water companies may be required to maintain 80.28.250 FIRE INSURANCE (See INSURANCE, subtitle Fire insurance) FIRE LIMITS Cities and towns, establishment of 35.27.400 FIRE PREVENTION (See also FIRE PROTECTION; STATE PATROL) Boating fire prevention education program 79A.60.610 Burning permits, See FIRE PROTECTION DISTRICTS, subtitle Burning permits Cities and towns auxiliary water systems 35.21.030 fire apparatus used beyond city limits 35.84.040 first class cities, providing for 35.22.280 towns, provisions for 35.27.370 Fire protection Ch. 43.44, Ch. 48.48 Fire protection districts, See FIRE PROTECTION DISTRICTS Flammable fabrics, children’s sleepwear, See FLAMMABLE FABRICS Hotels, generally Ch. 70.62 Minimum wage law, effect 49.46.010 State fire protection Ch. 43.44, Ch. 48.48 State patrol, fire protection duties Ch. 43.44, Ch. 48.48 Water-sewer districts Ch. 57.16 FIRE PROTECTION Accelerant detection dogs harming a class C felony 9A.76.200 immunity from liability for handler using dog in line of duty 4.24.410 Arson investigation information system 43.43.952 Birthing centers 18.46.110 Boarding homes 18.20.130 [RCW Index—page 289] FIRE PROTECTION DISTRICTS Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Building wardens, immunity from liability 4.24.400 Burning permits fires set for fire fighter instruction, exception 52.12.150 issuing authority, nuisances, control of 70.94.780 City fire departments Ch. 35.103 Code cities Ch. 35A.92 Colleges and universities regional universities 28B.35.190 Consolidation including annexation of cities fire department employees, transfer 35.10.360, 35.10.520, 35.13.215, 35.13.225, 35.13.235 fire department employees, transfer of 35.10.365, 35.10.370, 35.10.510, 35.10.530 Director of fire protection appointment and duties 43.43.938 Fire alarms injuring or tampering with 9.40.100, 9.40.105 Fire fighting equipment injuring or tampering with 9.40.100, 9.40.105 Fire protection policy board above-ground used oil collection tanks, standard 70.95I.080 advisory duties 43.43.936 duties 43.43.932, 43.43.934 membership 43.43.932 Fire service mobilization, state, See STATE PATROL, subtitle Fire protection Fire service training program fees and fee schedules 43.43.942 fire service training account 43.43.944 grants and bequests 43.43.940 Fire services trust fund 43.43.946, 43.43.948 Fire sprinkler system contractors Ch. 18.160 Fire training and education master plan 43.43.934 Firefighting equipment standardization Ch. 70.75 Fireworks, See FIREWORKS Forest protection zones legislative declaration 76.04.165 services by department, assessment 76.04.610 uncontrolled fires, department response, costs 76.04.750 Forests allowing extreme fire hazard, liability 76.04.495 arrests without warrants 76.04.065 blasting fuse, use of 76.04.246 burning permits 76.04.205 campfires, failure to extinguish 76.04.700 closure of fire hazard areas 76.04.305, 76.04.325 contracts for protection and development 76.04.105, 76.04.115, 76.04.125 cooperative agreements, public agencies 76.04.135 cooperative protection 76.04.095 coordinated forest fire protection and suppression 76.04.167 costs, comparison of state costs to those of using private contractors 76.04.175 definitions 76.04.005 department powers and duties 76.04.015 deposit of fire or live coals during closed season 76.04.435 disposal of forest debris, clearing roads 76.04.650 federal funds 76.04.025 felling trees on another’s land, permission to 76.04.650 fire fighting, employment, assistance 76.04.155 fire fighting expenses, transfers of funds to cover unbudgeted expenses, repayment of loans 43.88.550 [RCW Index—page 290] fire hazards, additional, extreme 76.04.660 fire prevention and suppression duties owed to public in general 76.04.016 forest fire advisory board 76.04.145 forest fire protection assessment 76.04.610, 76.04.630 investigations 76.04.015 landowner contingency forest fire suppression account 76.04.630 lighted material, smoking, ashtrays, notices 76.04.455 logging operations, shutting down 76.04.325 mill waste, forest debris, dumping prohibited 76.04.235 mill wood waste, spark arresters 76.04.215 negligent spreading of fire 76.04.730 negligent starting of fires, liability 76.04.495 notices, removal of 76.04.720 owners to protect forests 76.04.600 private fire suppression equipment comparison of costs 76.04.175 requirement to use equipment from lowest responsible bidder 76.04.177 rangers, ex officio rangers 76.04.045 reckless burning 76.04.710, 76.04.740 reports of fire 76.04.445 rule violations, penalties 76.04.075, 76.04.085 sealed fire tool box, unauthorized entry 76.04.425 service of notices 76.04.055 slash burns, escaped 76.04.486 snags, certain, to be felled 76.04.465 spark-emitting equipment regulated 76.04.405 state appropriations, recovery from landowner contingency fire suppression account 76.04.620 suppression reimbursement for costs 52.12.125, 76.04.475 suspension of burning permits or privileges 76.04.315 uncontrolled fire, public nuisance 76.04.750 violations, work stoppage 76.04.415 wardens 76.04.035 willful setting of fires 76.04.710 Hospitals, standards for protection 70.41.080 International fire code administration and enforcement 19.27.110 Interstate forest fire suppression compact 72.64.150, 72.64.160 Master plan 43.43.934 Nursing homes 18.51.140 Port districts performance measures, fire departments Ch. 53.56 Portable oil-fueled heaters standards for sale and use 19.27A.080, 19.27A.090, 19.27A.100, 19.27A.110, 19.27A.120 Regional universities 28B.35.190 School buildings automatic fire-extinguishing system requirements 19.27.113 State fire protection services, intent 43.43.930 State institutions 72.01.190 State patrol, duties regarding state fire protection services 43.43.930 State-owned property provision of protection services by cities and towns under contract 35.21.775 arbitration in the event of continued impasse between parties to contract negotiations 35.21.779 consolidation of contract negotiations with multiple state agencies 35.21.779 existing contracts not abrogated 35.21.778 notification of department of community, trade, and economic development and affected agencies of intent to enter into contract negotiations 35.21.779 Vehicles size, weight, and load limits 46.44.190 FIRE PROTECTION DISTRICTS Ambulance services interlocal agreements 52.12.135 Annexation contiguous territory not in county 52.04.141 Annexation by cities and towns 35.02.205 Annexation by newly incorporated city or town 35.02.202 Annexation of a city or town transfer of employees 52.04.111, 52.04.121, 52.04.131 Annexation of adjacent city or town procedure 52.04.061 Annexation of by cities and towns 35.02.190, 35.02.200, 35.13.249 Annexation of city or town annexations by city become part of district 52.04.091 Annexation of contiguous city or town election 52.04.071 tax levies, limitations 52.04.081 Annexation of newly incorporated city or town withdrawal 52.04.161 Annexation of port district property firefighter transfer rights 53.08.360 Annexation of previously withdrawn territory 52.04.056 Annexation of territory election method 52.04.011 apportionment of district obligations 52.04.011 indebtedness, assumption of 52.04.011 petition method 52.04.021, 52.04.031, 52.04.041, 52.04.051 county legislative authority action 52.04.051 Annexation of territory in another county district name, assignment 52.04.151 Annexation to by contiguous city or town withdrawal, election 52.04.101 Appeals 52.02.140 Applicability of Title 52, all districts governed 52.22.111 Assistance, financial and other, counties, authorized to furnish 36.32.470 Authority for creation 52.02.020 Benefit charges authorized, exceptions and limitations 52.18.010 collection 52.18.030 definitions 52.18.020 exemptions from payment 52.18.090 hearings required 52.18.060 model resolution 52.18.080 property tax limited if charge imposed 52.18.065 reimbursement of county for administration and collection expenses 52.18.040 resolution imposing charge, filing requirement 52.18.060 review board 52.18.070 voter approval 52.18.050 Bids and bidding 52.14.110, 52.14.120, 52.14.130 Bond issues, See FIRE PROTECTION DISTRICTS, subtitle Fiscal matters Bonds excess property tax levies 52.16.080 issuance, limitations 52.16.061, 52.16.070 Boundary review boards district actions subject to board review 52.02.001, 52.04.001, 52.06.001, 52.08.001, 52.10.001 mergers subject to board review 52.06.010 Budgets preparation of budget for each fund 52.16.030 Burning permits authority for 52.12.101 content, issuance 52.12.103 fires set for fire fighter instruction, exception 52.12.150 forest lands, exemption for 52.12.101 issuance 70.94.654 (2008 Ed.) FIRE PROTECTION DISTRICTS liability for fire suppression costs 52.12.108 penalty for violations 52.12.105, 52.12.106 permittees, duties 52.12.104 resolution of commissioners adoption 52.12.101 publication and posting 52.12.102 Cities and towns incorporation or annexation of entire district, tax ramifications 52.08.025 joint operations 52.08.035 use of apparatus and personnel beyond district boundaries 52.12.111 withdrawal from, exceptions 52.08.025 Commissioner districts boundaries 52.14.013 creation 52.06.085, 52.14.013 election of commissioners 52.14.013 Commissioners association, reports to governor and legislature 44.04.170 association with other commissioners 52.12.031 board organization as 52.14.080 burning permits, duties in regard to 52.12.101, 52.12.102, 52.12.103 candidates for first positions 52.02.070 elections 52.02.070 initial terms 52.14.060 local improvement districts, formation by resolution 52.20.010 meetings 52.14.090, 52.14.100 members, decrease in number election 52.14.017 members, increase in number election 52.14.015 merger of districts board membership 52.06.085 commissioner districts, creation 52.06.085 duties Ch. 52.06 number in districts having full time, fully paid personnel 52.14.020 oath of office 52.14.070 officer selection 52.14.080 powers and duties 52.14.100 qualifications, terms, compensation, and expenses 52.14.010 territory withdrawn from district, effect 52.08.051 vacancies 52.14.050 Condemnation 52.12.051 Contracts executory conditional sales contracts, promissory notes, deeds of trust, and mortgages for purchase of property 52.12.061 fire prevention 52.12.031 liability, as general obligation 52.20.070 County treasurer as financial agent duties 52.16.010 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Dissolution generally Ch. 53.48 procedure, generally 52.10.010 review by boundary review board 53.48.001 District name, change by resolution of county legislative authority 52.30.060 Donations and bequests, acceptance of 52.16.150 Elections benefit charges require voter approval 52.18.050 commissioner districts creation 52.06.085 Commissioners decrease in number, election 52.14.017 commissioners increase in number, election 52.14.015 commissioners, generally Ch. 52.14 excess property tax levies 52.16.080 formation and organization, generally Ch. 52.02 (2008 Ed.) merger by petition 52.06.060 polling places 52.14.030 Emergency medical services charges, establishment and collection 52.12.131 Eminent domain 52.12.041, 52.12.051 Employees, residency not grounds for discharge 52.30.050 Excess property tax levies 52.16.080 Existing districts validation, districts organized under Title 52 RCW 52.22.011 Financial and other assistance, counties, authorized to furnish 36.32.470 Fire fighting or emergency medical purposes acquisition, local improvement district, for 52.20.010 Fiscal matters bond issues capital purposes, issuance limitations 52.16.080 budget for each fund 52.16.030 budgets, reserve fund items 52.16.020 coupons judicial confirmation 52.22.021 donations and bequests, acceptance of 52.16.150 expenses and obligations, limitation on 52.16.070 financial agent, county treasurer as 52.16.010 funds expense fund, creation in county treasurer’s office 52.16.020 general obligation bond fund, creation in county treasurer’s office 52.16.020 merger with other districts, transfer of 52.06.080 monthly report 52.16.050 reserve fund, creation in county treasurer’s office 52.16.020 general obligation bonds issuance, form, interest 52.16.061 judicial confirmation 52.22.021 general obligations bonds limitation on expenses 52.16.070 indebtedness contracting for 52.16.061 limitation 52.16.070 local improvement district fund, creation in county treasurer’s office 52.16.020 merger of districts, effects, delivery to merged districts 52.06.080 taxation 52.16.160 excess levy, authorization at special election 52.16.130 general levy authorization 52.16.130 limit setting 52.16.130 when may exceed 52.16.140 improved lands subject to, not subject to forest protection assessments 52.16.170 levy collection by county legislative authority 52.16.040 local improvement districts 52.20.060 warrants disbursal of funds 52.16.050 local improvement districts 52.20.060 warrants, registered judicial confirmation 52.22.021 Forest protection assessments separation, taxation and assessment purposes 52.20.027 unimproved or partly unimproved lands 52.16.170 Formation and organization appeals, procedure 52.02.140 candidates for commissioner, election 52.02.070 conclusive effect of 52.02.150 election declaration of results 52.02.110 fire commissioners, initial 52.02.080 fire commissioners, initial, declaration of election 52.02.110 generally 52.02.080 votes necessary to approve 52.02.110 hearing on petition 52.02.060 land included and excluded from 52.02.060 petition, county legislative authority action on 52.02.070 petition for, certification of 52.02.030 petition for, notice of sufficiency 52.02.035 public hearing notice, publication and posting 52.02.050 public hearing on petition 52.02.040 Funds, See FIRE PROTECTION DISTRICTS, subtitle Fiscal matters Hazardous materials incidents liability for extraordinary costs incurred 4.24.314 Hazardous materials response teams 52.12.140 Health clinic services authorized, area 52.02.020 Incorporation of city or town, territory removed from district 35.02.180 Insurance group life insurance contracts, authority to enter into 52.12.031 liability insurance for personnel 52.12.071 Insurance, pools, self-insurance authorized Ch. 48.62 Interlocal cooperation application to fire protection districts 39.34.020 boundaries deemed a governmental function 52.12.111 operating beyond district boundaries, authority 52.12.111 extraterritorial authority 52.12.111 injured firemen considered injured in line of duty when fighting fires outside the boundaries pursuant to act 52.12.121 International fire code, administration and enforcement 19.27.110 Levies, prorationing protection 84.52.125 Liability contracts as general obligation 52.20.070 Liability for fire suppression costs 52.12.108 Liability insurance for district personnel 52.12.071 Limited outdoor burning, permit program, establishment and exceptions 70.94.745 Local improvement districts fire protection or emergency medical purposes formation, hearing, notice 52.20.020 formation cities and towns law, applicability, definitions 52.20.025 notice to contain statement that assessments may vary from estimates 52.20.022 Local improvement districts, See also LOCAL IMPROVEMENT DISTRICTS, subtitle Fire protection districts Merger action subject to review by boundary review board 52.06.010 board membership 52.06.085 commissioner districts, creation 52.06.085 districts located in different counties district name, assignment 52.06.140 districts located in same county district name, assignment 52.06.150 obligations of merged districts 52.06.070 other districts authority 52.06.010 election vote required 52.06.050 when unnecessary 52.06.060 petition action on 52.06.030 contents 52.06.020 when election unnecessary 52.06.060 property and funds, transfer of 52.06.080 special election in absence of petition 52.06.030 [RCW Index—page 291] FIRE PROTECTION SERVICE AUTHORITIES, REGIONAL part of district with adjacent district procedure to initiate 52.06.090 when election unnecessary 52.06.100 transfer of employees 52.06.110, 52.06.120, 52.06.130 Multicounty districts district name, assignment 52.02.070 Municipally owned buildings or equipment in or adjacent to district, fire protection contracts 52.30.020 Officers and employees civil service for 52.30.040 torts of, liability 52.12.104 Performance measures, fire departments definitions 52.33.020 evaluations and reports, annual 52.33.040 legislative intent 52.33.010 policy, service delivery options 52.33.030 Port district firefighters transfer rights on annexation of district property 53.08.360 Powers annexation of territory 52.04.011 contracting with cities, towns and counties 52.12.031 eminent domain 52.12.041, 52.12.051 general enumeration 52.12.021 group life insurance contracts for personnel 52.12.031 liability insurance for district personnel, may provide 52.12.071 specific enumeration 52.12.031 Public improvements community revitalization financing 52.12.036 Public works competitive bids 52.14.120 competitive bids, exceptions 52.14.110 Purchases sealed bid procedure 52.14.120 sealed bid procedure, exceptions 52.14.110 Reannexation 52.04.056 Regional fire protection service authorities annexation of territory 52.26.290 benefit charges complaints, review board 52.26.250 county assessor’s duties, resolution 52.26.200 county treasurer, administration and collection 52.26.210 establishment, public hearings 52.26.230 exemptions 52.26.190, 52.26.270 limitation on imposition of property tax 52.26.240 model resolution 52.26.260 notice to property owners 52.26.230 procedures 52.26.180 submission to voters, renewal 52.26.220 civil service 52.26.280 debt, interlocal contracts 52.26.130 definitions 52.26.020 dissolution of fire protection district 52.26.120 findings, legislative 52.26.010 formation 52.26.070 governing board 52.26.080, 52.26.090 levies 52.26.140, 52.26.150 performance measures, fire departments Ch. 52.33 planning committee 52.26.030, 52.26.040 service plan 52.26.050, 52.26.060 taxation, collection 52.26.170 taxation of land within authority and assessment area 52.26.160 transfer of responsibilities to authority 52.26.100 withdrawal, reannexation of territory 52.26.110 Reimbursement for fire suppression costs on state lands, contract authority 52.12.125 Residency of employee not grounds for discharge 52.30.050 Retirement and pensions, See RETIREMENT AND PENSIONS Risk management services authorized Ch. 48.62 [RCW Index—page 292] Rules and regulations 52.14.100 Short-term obligations Ch. 39.50 State lands reimbursement 52.12.125 State or municipally owned property in or adjacent to, contracts for fire protection services 52.30.020 Status municipal corporations 52.12.011 political subdivisions 52.12.011 Taxation annexation of contiguous city or town 52.04.081 benefit charges, effect on tax 52.18.065 excess property tax levies four and six year period Const. Art. 7 § 2 special election to authorize 52.16.130 general levy 52.16.160 authority 52.16.130 excess levy 52.16.140 incorporation or annexation by city or town 52.08.025 levy collection 52.16.040 withdrawal of territory 52.08.041 Taxation, See also FIRE PROTECTION DISTRICTS, subtitle Fiscal matters Torts 52.12.104 Use of apparatus and personnel beyond district boundaries 52.12.111 Validation existing districts organized under Title 52 RCW 52.22.011 judicial confirmation procedure appeals 52.22.101 costs 52.22.091 hearing notice of 52.22.041 time of 52.22.041 jurisdiction of court 52.22.071 minor irregularities, effect 52.22.081 petition answer 52.22.051 content 52.22.031 pleadings and practice 52.22.061 procedure, special proceedings 52.22.021 Volunteer firefighters, See VOLUNTEER FIREFIGHTERS Withdrawal assessments, effect upon 52.08.041 authority for 52.08.011 cities and towns joint operations 52.08.035 removal 52.08.025 incorporation of part, effect 52.08.021 taxes, effect upon 52.08.041 Withdrawal of territory 52.04.056 FIRE PROTECTION SERVICE AUTHORITIES, REGIONAL (See FIRE PROTECTION DISTRICTS, subtitle Regional fire protection service authorities) FIRE REGULATIONS Counties area applicable 36.43.020 authority to adopt 36.43.010 enforcement 36.43.030 penalty for violations 36.43.040 FIRE SPRINKLER SYSTEM CONTRACTORS Administration costs, fees 18.185.015 Certificate of competency refusal, suspension, or revocation, grounds and procedure 18.160.080 renewal 18.160.050 requirements 18.160.040 suspension for nonpayment or default on educational loan or scholarship 18.160.085 Crimes wrongful acts, penalty 9.45.260 Definitions 18.160.010 Exemptions 18.160.020 Fire protection, director of powers and duties 18.160.030 Fire protection contractor license fund 18.160.050 Fitting, sprinkler appeals 18.270.080 certification application requirements 18.270.040 expiration and renewal 18.270.050 required 18.270.020 definitions 18.270.010 examination 18.270.030 fees, deposit and use 18.270.060 suspension 18.270.090 violations, investigations 18.270.070 Government contractors, application of chapter 18.160.070 Infractions, fines 18.160.120 Licenses local government license and permit requirements 18.160.020 refusal, suspension, or revocation, grounds and procedure 18.160.080 renewal 18.160.050 requirements 18.160.040 Local government regulation license and permit requirements 18.160.020 powers and limitations 18.160.070 Surety bonds 18.160.090 Violations enforcement 18.160.110 unlicensed operations, penalty 18.160.100 Wrongful acts penalty 9.45.260 FIREARMS Aiming or discharging at person or in public place 9.41.230 Aliens, license required, exception 9.41.170 Armed offenders notification and warning 10.01.210 Carrying firearms 9.41.050 exceptions to restrictions on 9.41.060 Children carrying firearms 9.41.050 exceptions to restrictions on 9.41.060 possession of firearms 9.41.042 Children, See also FIREARMS, subtitle Minors Commercial sale application procedure 9.41.090 application to explain diversity of laws 9.41.090 pamphlet on safety and law to purchaser 9.41.090 waiver of confidentiality 9.41.094 Concealed pistol license application 9.41.070 domestic violence prohibition of future possession of weapon or license 9.41.800 surrender of license 9.41.800 immunity from liability of agencies and officials 9.41.0975 reciprocity 9.41.073 recordkeeping requirements 9.41.129 revocation 9.41.075 Convicts possession restoration of possession rights 9.41.047 unlawful possession 9.41.040 Correctional institutions, possession of by person not a prisoner, penalty 9.94.043 Crimes drive-by shooting 9A.36.045 possessing a stolen firearm 9A.56.310 theft 9A.56.300 violation of chapter is misdemeanor, penalty 9.41.810 Dangerous weapons aiming or discharging, gross misdemeanor 9.41.230 Deadly weapon special verdict 9.94A.602 Dealers (2008 Ed.) FIREFIGHTERS background check on employees 9.41.110 city, town, or county may regulate areas where sales allowed 9.41.300 conduct of business 9.41.110 license grant and conditions 9.41.110 license and registration required verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 licensing and registration required 9.41.100 pistols delivery requirements 9.41.090 sales requirements 9.41.090 waiver of confidentiality 9.41.094 Definitions 9.41.010 Discharging near explosives 70.74.170 Domestic violence prohibition of future possession of weapon or license 9.41.800 surrender deadly weapon 10.99.040 surrender of deadly weapon 10.99.045 surrender of weapon or license 9.41.800 Exhibitions with dangerous weapons, prohibited 9.41.260 Explosive devices, prohibition 70.74.180 Firearms range account 79A.25.210 concealed weapons license fees, distribution to account 9.41.070 Firearms range advisory committee, membership and duties 79A.25.220 Fireworks chapter 9.41 RCW does not affect possession, sale, or use in compliance with chapter 70.77 RCW 9.41.320 Forfeiture confiscation by law enforcement officer of firearm subject to forfeiture authorized 9.41.098 destruction, sale, or trade of forfeited firearms authorized 9.41.098 Gun safes, tax exemption 82.08.832, 82.12.832 Hunter education training program 77.32.155 Intimidation or threats of another, unlawful 9.41.270 Juvenile offender in possession confinement length of confinement and community supervision 13.40.193 driving privileges, revocation and reinstatement 13.40.265 prosecution firearms special allegation 13.40.196 Juveniles, adjudicated prohibited from owning or possessing 9.41.040 Landlord and tenant tenant duty regarding 59.18.130 unlawful detainer 59.18.180 Local laws preempted 9.41.290 Machine guns contraband, declared to be 9.41.220 prohibited, exceptions 9.41.190 use in commission of felony 9.41.225 Mentally ill firearms, prohibited from owning or possessing 9.41.040 possession restoration of possession rights 9.41.047 Minors delivery to prohibited 9.41.080 pistols, possession by person between eighteen and twenty-one 9.41.240 Motor vehicles carrying pistol in prohibited 9.41.050 Offenders under supervision of department of corrections prohibited from owning or possessing 9.41.045 prohibition on ownership and possession 9.94A.505 Off-road and nonhighway vehicles accident reports 46.09.140 (2008 Ed.) violations, exception 46.09.130 Outdoor music festivals, unlawful, penalty 70.108.150 Pamphlet on safety and law 9.41.070 fish and wildlife department to publish 9.41.310 Pistols forfeiture confiscation by law enforcement officer of firearm subject to forfeiture authorized 9.41.098 possession by person between eighteen and twenty-one 9.41.240 Pistols, uniform act antique pistols excepted from restrictions on carrying 9.41.060 concealed pistol license 9.41.070 immunity from liability of agencies and officials 9.41.0975 mental health information to be made available to enforcement agency 9.41.097 revocation 9.41.075 concealment on person prohibited, exceptions 9.41.050 convicts delivery to prohibited 9.41.080 dealers license and registration required 9.41.100 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 regulations 9.41.090 identifying marks, alteration or obliteration of prohibited 9.41.140 licenses, dealers deemed general licenses 9.41.110 fee 9.41.110 regulations 9.41.110 loans or pledges of 9.41.120 mentally ill, delivery to prohibited 9.41.080 minors, delivery to prohibited 9.41.080 permit to purchase, requiring prohibited 9.41.110 persons authorized to carry 9.41.060 pistols recordkeeping requirements 9.41.129 recordkeeping requirements 9.41.129 sales, commercial application 9.41.090 approval of sheriff or police 9.41.090 immunity from liability of agencies and officials 9.41.0975 license and registration required 9.41.100 limitations on persons eligible 9.41.090 mental health information to be made available to enforcement agency 9.41.097 sheriff and police, copy of application to be sent to 9.41.090 waiting period 9.41.090 waiver of confidentiality 9.41.094 vehicles, carrying loaded pistol in prohibited 9.41.050 waiting period 9.41.090 waiver of confidentiality 9.41.094 Possession certain places prohibited, exceptions 9.41.300 children 9.41.042 correctional institutions, prohibited, posting of notice required 9.94.047 domestic violence prohibition of future possession of weapon or license 9.41.800 exceptions to restrictions 9.41.060 person not a prisoner in correctional institution, penalty 9.94.043 pistol by person between eighteen and twenty-one 9.41.240 prisoner in penal institution, penalty 9.94.040 restoration of possession rights 9.41.047 stolen firearm, possessing 9A.56.310 unlawful possession 9.41.040 Possession on school premises warrantless arrest, when authorized 10.31.100 Powders, loading, federal regulations, adoption of by reference 70.74.320 Private detectives firearms certificate, requirements 43.101.250 Private investigators armed private investigator licenses Ch. 18.165 Product liability actions 7.72.030 Railroads, discharging at train or car 81.60.070 Restriction on employment of armed men by private persons Const. Art. 1 § 24 Retired law enforcement officers certificates 36.28A.090 Rifles nonresidents authorized to purchase in state 9.41.124 out-of-state purchase authorized 9.41.122 unlawful firearms 9.41.190 contraband 9.41.220 Right to bear arms, not to be impaired Const. Art. 1 § 24 Safety programs, liability of operators, employees, or volunteers 4.24.640 School premises, firearms possession on penalty, exceptions 9.41.280 student expulsion, exemptions 28A.600.420 warrantless arrest, when authorized 10.31.100 Security guards armed private security guard licenses Ch. 18.170 firearms certificate, requirements 43.101.260 Shotguns nonresidents authorized to purchase in state 9.41.124 out-of-state purchase authorized 9.41.122 unlawful firearms 9.41.190 contraband 9.41.220 Silencers, use of prohibited 9.41.250 Small arms ammunition authority of director of department of labor and industries to adopt regulations 70.74.320 regulation, adoption of federal regulations by reference 70.74.320 storage, restrictions on 70.74.330 Small arms powder, storage and shipment, restrictions on 70.74.340 Snowmobiles violations, exception 46.10.130 Special verdict establishing if accused armed with 9.95.015 State law preempts local regulation 9.41.290 exception 9.41.300 Storage small arms ammunition primers 70.74.350 small arms smokeless powder, restrictions on 70.74.340 Surrender of weapon or license domestic violence order 9.41.800 Theft 9A.56.300 Transportation small arms ammunition primers, restrictions on 70.74.350 Unclaimed, disposition by state patrol 63.35.020 Uniform firearms act Ch. 9.41 Unlawful possession persons prohibited from ownership or possession 9.41.040 restoration of possession rights 9.41.047 Unlawful use resulting in arrest public nuisance may be abated 7.48.155 Vehicles carrying pistol in prohibited 9.41.050 Violation of chapter is misdemeanor, penalty 9.41.810 FIREFIGHTERS Civil service applicants for positions as city firefighters, qualifications 41.08.070 Driving record, abstract of information to be excluded from record 46.52.130 [RCW Index—page 293] FIRES Law enforcement officers’ and firefighter’s retirement system Ch. 41.26 Militia duty, exemption 38.44.030 Overtime compensation 49.46.130 Port district employees transfer rights on annexation of port district property 53.08.360 Private cars green lights for, identification card required 46.37.187 sign or plates on, identification card required 46.37.186, 46.37.187 Relief and pensions, 1947 act Ch. 41.16 Relief and pensions, 1955 act Ch. 41.18 Volunteer firefighters’ and reserve officers’ relief and pensions Ch. 41.24 FIRES Action for negligently permitting to spread 4.24.040 Arson insurance cancellation of policy conditions 48.53.030 procedure 48.53.040, 48.53.050 classification of areas 48.53.020 fraud 48.53.010 Arson, See also ARSON Burning materials, unlawful to throw away in forest, brush, range, or grain area during closed season 76.04.455 Burning permits, See BURNING PERMITS Common law actions barred, when 4.24.060 Court records destroyed by, replacement hearing 5.48.040 methods 5.48.020 procedure 5.48.030 Engines or boilers, operating without spark arrester, penalty 9.40.040 Fire protection districts, See FIRE PROTECTION DISTRICTS Fire risks, limitation of single risk retained by insurance companies 48.11.140 Flame producing device, restrictions on use 70.74.310 Forests fire protection, See FORESTS AND FOREST PRODUCTS, subtitle Fire protection Hospitals, standards for protection 70.41.080 Insurance destruction for purposes of, penalty 48.30.220 Insurance risks, limitation of single risk 48.11.140 Kindling of fires by persons driving lumber 4.24.050 Lighted materials, unlawful to throw away in forest, brush, range, or grain area during closed season 76.04.455 Losses, report of insurance companies to state patrol chief 48.05.320 Outside cities and towns, See FIRE PROTECTION DISTRICTS Papers in pending action destroyed by, substitution of copy authorized 5.48.010 Probate records destroyed by, replacement of 5.48.060 Report and investigation 43.44.050, 48.48.060 Smoke detection devices, required 43.44.110, 48.48.140 Spread of, negligently permitting, action for 4.24.040 Suspected criminal origin, report to state patrol chief 48.05.320 Telephone, yielding party line for report of refusal, penalty 70.85.020 Undetermined origin, report to state patrol chief 48.05.320 FIREWOOD Public lands valuable materials, sale of Ch. 79.15 State parks wood gathering, persons over sixty-five exempt from fees 79A.05.090 [RCW Index—page 294] FIREWORKS Agricultural and wildlife fireworks defined 70.77.141 Agricultural and wildlife management uses license exemption 70.77.311 Articles pyrotechnic defined 70.77.138 City defined 70.77.124 Civil enforcement of chapter authorized 70.77.547 Common fireworks license or permit not required 70.77.255 Consumer fireworks defined 70.77.136 sale and discharge when allowed 70.77.395 unlawful sale or transfer, penalty 70.77.515 Definitions 70.77.126 agricultural and wildlife fireworks 70.77.141 articles pyrotechnic 70.77.138 city 70.77.124 consumer fireworks 70.77.136 display fireworks 70.77.131 fire nuisance 70.77.165 importer 70.77.200 license 70.77.170 licensee 70.77.175 local fire official 70.77.177 manufacturer 70.77.205 new fireworks item 70.77.236 permanent storage 70.77.241 permit 70.77.180 permittee 70.77.182 person 70.77.190 public display of fireworks 70.77.160 pyrotechnic operator 70.77.230 retailer 70.77.215 special effects 70.77.146 wholesaler 70.77.210 Discharge unlawful, penalty 70.77.488 when allowed 70.77.395 Display fireworks defined 70.77.131 unlawful sale or transfer, penalty 70.77.510 Entertainment special effects and articles pyrotechnic 70.77.535 Exemptions from law toy paper caps and trick novelty devices 70.77.405 Fire nuisance defined 70.77.165 prohibited 70.77.520 Firearms chapter 9.41 RCW does not affect possession, sale, or use in compliance with chapter 70.77 RCW 9.41.320 Liability insurance requirements 70.77.270, 70.77.381 Licenses acts prohibited without 70.77.255 agents, in-state 70.77.305 annual application 70.77.325 application 70.77.315 denial failure to meet qualifications 70.77.365 grounds for, generally 70.77.360 hearing 70.77.370 duration 70.77.345 exemptions 70.77.311 fees 70.77.343, 70.77.555 enumeration 70.77.340 granting, grounds for 70.77.330 issuance 70.77.305 manufacturer, importer, wholesaler registration of in-state agents 70.77.305 not required for common fireworks 70.77.255 registration of in-state agents 70.77.305 revocation, grounds for 70.77.375 revocation or expiration sale allowed, when 70.77.430 signature on application 70.77.320 Local permits 70.77.270, 70.77.355 Nonprohibited acts 70.77.525, 70.77.530 Out-of-state shipment 70.77.525 Ownership prohibited transfer 70.77.480 Penalty for violations 70.77.540 Permanent storage approval of facilities 70.77.425 defined 70.77.241 permit requirement 70.77.420 Permits acts prohibited without 70.77.255 application 70.77.260 defined 70.77.180 forestry 70.77.495 investigation and report on application 70.77.265 local fees 70.77.555 not required for common fireworks 70.77.255 Permittee defined 70.77.182 Possession unlawful, penalty 70.77.485 Private organizations license exemption 70.77.311 Prohibited sales 70.77.401 Public displays hazardous nature 70.77.410 licenses 70.77.355 permits 70.77.280 bonds or insurance for liability amount 70.77.295 requirement 70.77.285 exclusive purpose of 70.77.290 supervision of 70.77.410 Pyrotechnic operator public display, supervision 70.77.415 Reckless discharge unlawful, penalty 70.77.488 Records and documents examination by chief of state patrol 70.77.450 maintenance, availability for examination 70.77.455 reports and payments, when deemed made 70.77.460 Regulatory intent 70.77.111 Religious ceremonies license exemption 70.77.311 Retailers liability insurance requirements 70.77.381 list of allowed fireworks, posting 70.77.580 purchases from licensed wholesalers required 70.77.386 Sale consumer, unlawful sale, penalty 70.77.515 display fireworks, unlawful sale, penalty 70.77.510 licenses revocation or expiration 70.77.430 prohibited sales 70.77.401 when allowed 70.77.395 Seizure disposal 70.77.440 forfeiture proceedings 70.77.440 by state agency or local government 70.77.435 Sellers licenses authorizing 70.77.335 Special effects defined 70.77.146 Special effects for entertainment media 70.77.535 State patrol list of allowed fireworks 70.77.575, 70.77.580 powers and duties 70.77.250 seizure 70.77.435 Statewide standards 70.77.270 Transportation licensees authorized 70.77.330 unlawful, penalty 70.77.517 Unlawful transportation penalty 70.77.517 Violations (2008 Ed.) FISH AND FISHING civil enforcement of chapter authorized 70.77.547 civil penalty 70.77.252, 70.77.549 civil proceedings 70.77.548 penalty, generally 70.77.540 separate and continuing offenses 70.77.545 Wholesalers liability insurance requirements 70.77.381 FIRST AID (See also EMERGENCY MEDICAL SERVICES) Advanced first aid qualification, certificate 18.73.120 Aid services, license requirements and exceptions 18.73.130 Aid vehicles and ambulances aid vehicle personnel requirements and use restrictions 18.73.170 ambulance personnel requirements 18.73.150 licenses 18.73.140 self-inspection program 18.73.145 Ambulances drivers, course regulations 70.54.060 equipment for 70.54.060 Cities and towns ambulances and first aid equipment, authority to operate 35.23.456 Emergency medical care and transportation services unlawful practices, penalties 18.73.190 Employers training and supply requirements 51.36.030 Equipment for ambulances 70.54.060 Other transportation vehicles, when permitted 18.73.180 Workplaces training and supply requirements 51.36.030 FIRST RESPONDERS (See EMERGENCY MEDICAL SERVICES) FISCAL AGENTS Bond issue registration designation of fiscal agent 39.44.130 Certification by state finance committee 43.80.120 Definitions 43.80.100 Duties 43.80.130 Eligibility requirements 43.80.120 Fiscal agencies appointment 43.80.110 defined 43.80.100 notice of appointment 43.80.140 Registered bonds appointment of fiscal agencies 43.80.125 State finance committee, designation of responsible banks or trust companies as fiscal agencies 43.80.120 State fiscal agent in New York highway construction bonds may be registered with Ch. 47.10 State treasurer duties 43.08.100 fiscal agent for state 43.08.090 receipts, copy to director of financial management 43.08.110 Term as certificated fiscal agencies 43.80.120 Trust companies, power to act as fiscal agent for public body 30.08.150 Unredeemed bonds, return of funds to subdivision 43.80.160 FISCAL MATTERS Biennium defined 1.16.020 Cities and towns, See CITIES AND TOWNS, subtitle Fiscal matters Funds, See FUNDS Municipal accounting, See STATE AUDITOR Public funds, See PUBLIC FUNDS State, See STATE FISCAL MATTERS FISCAL NOTES Local government Ch. 43.132 State government Ch. 43.88A FISCAL YEAR Defined 1.16.030 (2008 Ed.) FISH AND FISHING Acquisition or sale of wildlife by department 77.12.140 Anadromous game fish purchase or sale, license required 77.65.480 Aquaculture commercial fisheries licenses and permits, exempt 77.65.010 Aquaculture disease inspection and control program Ch. 77.115 Aquaculture marketing Ch. 15.85 private sector cultured aquatic products not game fish 77.08.020 Aquatic invasive species infested state waters 77.12.875, 77.12.878 inspection of watercraft 77.12.882 prevention account and program 77.12.879 Aquatic nuisance species committee, membership and duties 77.60.130 Bait or artificial lures, restrictions limited 77.12.010 Ballast water management Ch. 77.120 Bottom trawling prohibited in specified areas 77.50.090 Carp or rough fish in lakes within irrigation and rehabilitation districts, control over taking 87.84.061 Catch record cards 77.32.430 Charter boats fees 77.65.150 licenses 77.65.150 Oregon licensed boats, when allowed to fish in Washington waters 77.65.150 regulation of boats operating on state waters Ch. 88.04 salmon roe sale by crew member, license required 77.65.350 suspension for noncompliance with support order 77.70.010 Check stations inspections 77.12.620, 77.12.630 purpose 77.12.610 Clams digger’s injury, property owner’s liability 4.24.210 hardshell clam mechanical harvester fishery license 77.65.250 Classification of wildlife 77.12.020 Coastal ecosystems compact and agreements Ch. 77.75 Columbia river anadromous fish sanctuary 77.55.191 commercial net fishing for salmon in tributaries 77.50.040 salmon fishing prohibited gear 77.50.030 Columbia river compact Ch. 77.75 Commercial fishing bottom trawling prohibited 77.50.090 buyback account, fee 77.70.450, 77.70.460, 77.70.470 federal fleet reduction program 77.70.280, 77.70.450, 77.70.460, 77.70.470 "insurer", exclusion from definition of commercial fishers who pool funds 48.01.050 purchase by state of vessels, gear, licenses, and permits administration of chapter 77.80.050 authorization 77.80.020 conditions 77.80.020 disposition of vessels and gear 77.80.040 licenses and permits, retirement 77.80.030 price, maximum 77.80.030 prohibition on use 77.80.040 valuation 77.80.030 vessel, gear, license, and permit reduction fund 77.80.060 salmon fishing gear in Pacific Ocean, limitation 77.50.070 maintaining consistent harvest levels 77.50.120 net fishing in Columbia river tributaries 77.50.040 unauthorized gear 77.50.110 salmon in Puget Sound, limitations 77.50.010 salmon in Straits of Juan de Fuca and Pacific Ocean, limitations 77.50.020 shrimp pots in Hood Canal, limitation 77.50.100 Compacts Columbia river compact Ch. 77.75 Pacific marine fisheries compact Ch. 77.75 Conservation corps duties 43.220.060 work project areas 43.220.120 Construction projects in state waters, hydraulic permits Ch. 77.55 Contests limitations 77.32.525, 77.32.540 permits 77.65.490 Crimes and penalties, generally Ch. 77.15 Definitions 77.08.010, 77.08.020 Department of fish and wildlife branch offices 43.17.050 created 43.17.010 director chief assistant director 43.17.040 oath 43.17.030 powers and duties 43.17.030 vacancy 43.17.040 offices maintained at state capital 43.17.050 rules 43.17.060 Derby defined 9.46.0229 Derelict fishing gear data base 77.12.870 guidelines for disposal 77.12.865 hydraulic permit exception 77.55.041 Derelict vessels authority of fish and wildlife department director 77.12.465 Disabilities, persons with advisory committee 77.04.150 designated harvester cards 77.32.400 Disease and pest prevention and suppression 77.12.455 Dungeness crab appeals account 77.65.230 Emerging commercial fishery licenses and permits 77.65.400 Endangered species classification 77.12.020 Enforcement right of entry 77.12.154 Enforcement code Ch. 77.15 Enhancement projects city or town’s liability 35.21.404 code city’s liability 35A.21.290 county’s liability 36.70.982 funding 77.32.440 permit processing 35.63.230, 35A.63.250, 36.70.992, 36.70A.460 Eradication of undesirable fish 77.12.420 Family fishing days 77.32.025 Family fishing weekend licenses 77.32.470 Federal regulations and rules of fisheries commissions and compacts, adoption 77.12.045 Fees recreational licenses, use specified 77.32.510 wildlife account, payments into 77.12.170 Fines, disposition 77.12.177 Fish and wildlife commission, See FISH AND WILDLIFE, DEPARTMENT OF, subtitle Commission Fish and wildlife habitat and water quality improvements property tax exemption 89.08.440 Fish and wildlife officers authority 77.15.075 compensation 77.12.262 disability coverage 77.12.264 insurance 77.12.262 [RCW Index—page 295] FISH AND FISHING Fish cultural stations, laboratories, and protective devices for Columbia river fish agreements with United States 77.12.285 Fish marketing associations, See FISH MARKETING ASSOCIATIONS Fish passage barriers ranked inventory 77.12.755 removal of impediments, administration 77.95.170 removal program 77.95.180 removal task force, membership and duties 77.95.160 Fish protective devices joint operating agency to maintain 43.52.350 Fish restoration and management projects, federal act Ch. 77.75 Fish stock protection or recovery programs outcome-focused performance measures 77.04.170 Fish stocking permits 77.65.480 Fisheries facilities, 1983 bond issue authorized 43.83I.184 deposit of proceeds 43.83I.186 legal investment for public funds 43.83I.194 retirement of 43.83I.190 alternative method 43.83I.192 Fisheries facilities, bond issue, 1979 anticipation notes, authorized 43.83I.162 authorization 43.83I.160 form, terms, conditions 43.83I.164 legal investment for public funds 43.83I.170 retirement of, procedure 43.83I.168 Fisheries facilities, bond issue, 1981 anticipation notes, authorized 43.83I.174 authorized 43.83I.172 form, term, conditions 43.83I.176 legal investment for public funds 43.83I.182 proceeds, deposit of 43.83I.178 retirement of bonds from 1977 fisheries bond retirement fund 43.83I.180 Fishing physical disability permits 77.32.400 recreational salmon and marine fish enhancement program Ch. 77.105 Fishing areas designation and boundary marking 77.12.152 Fishing contests permits 77.65.480 Fishing guides licenses 77.65.480 Fishways joint operating agency to maintain 43.52.350 lakes, outflow fish protection devices and ladders 90.24.050, 90.24.060 Fishways, flow, and screening Ch. 77.57 Flood control management plans 86.26.050 Food fish, defined 77.08.022 Foreign commercial vessels gear stowage requirements 77.50.060 Frozen products labeling requirements 69.04.930 Funds fish cultural stations, laboratories, and protective devices for Columbia river fish 77.12.285 Game fish defined 77.08.020 fishing areas, setting aside areas 77.12.330 mitigation Ch. 77.18 plan to double by year 2000, contents 77.12.710 warm water game fish enhancement program Ch. 77.44 Gear Columbia river regulations 77.50.030 Geoducks commercial license limitation programs geoduck fishery 77.70.220 diver license 77.65.410 ecology department, guidelines and rules 43.21A.681 [RCW Index—page 296] harvesting, commercial limitations and unauthorized acts 77.60.070 public lands—aquatic lands oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 sea grant program 28B.20.475, 28B.20.476 Group fishing permits 77.32.550 Habitat enhancement projects building code exemption, criteria 19.27.490 permit review and approval 89.08.470 Habitat improvements, cooperative agreements 77.12.420 Habitat restoration projects salmon recovery Ch. 77.85 Halibut, misbranding of other fish as halibut 69.04.315 Hatcheries and rearing facilities waste discharge standards and disposal permits marine finfish rearing facilities 90.48.220 upland finfish facilities 90.48.215 Hydraulic projects and permits Ch. 77.55 Indians fishing rights excluded from state assumed jurisdiction 37.12.060 fishing rights excluded from state assumption of jurisdiction 37.12.060 Indians, See INDIANS Injuries on outdoor recreational land, limitation on liability of landowner 4.24.200, 4.24.210 Lakes, outflow fish protection devices and ladders 90.24.050, 90.24.060 Licenses anadromous game fish 77.65.480, 77.65.490 applications, information required 77.32.070 aquaculture, exemptions 77.65.490 biotoxin testing, surcharge to fund 77.32.555 commercial license limitation programs administrative review of decisions 77.70.040 Dungeness crab-coastal fishery 77.70.360 Dungeness crab-Puget Sound fishery 77.70.110 effect of closed year of commercial fishery 77.70.020 geoduck fishery 77.70.220 herring fishery 77.70.120 herring spawn on kelp fishery 77.70.200, 77.70.210 ocean pink shrimp delivery license 77.70.230, 77.70.240, 77.70.250, 77.70.260 Puget Sound shrimp-pot fishery 77.70.410 Puget Sound shrimp-trawl fishery 77.70.420 salmon angler permits 77.70.060 salmon charter boats 77.70.050, 77.70.070, 77.70.080 salmon fishing and delivery licenses 77.70.090, 77.70.100 sea cucumber dive fishery 77.70.190 sea urchin dive fishery 77.70.150 whiting-Puget Sound fishery 77.70.130, 77.70.140 commercial licenses and permits alternate operator designation 77.65.110 alternate operators, increase 77.65.140 application contents 77.65.050 application deadline 77.65.030 catch record 77.65.050 charter boat licenses and angler permits 77.65.150 charter boat operation 77.65.120 closed year of commercial fishery, effect 77.65.060, 77.70.020 coastal crab pot buoy tag program 77.70.430, 77.70.442 direct retail endorsement 36.71.090, 77.65.510, 77.65.515, 77.65.520 Dungeness crab-coastal fishery 77.70.280, 77.70.290, 77.70.300, 77.70.310, 77.70.320, 77.70.340, 77.70.350, 77.70.370, 77.70.390, 77.70.400 Dungeness crab-coastal fishery, surcharge 77.65.230, 77.65.240 emerging commercial fishery 77.65.400 emerging commercial fishery designation 77.70.160, 77.70.180 experimental fishery permits 77.70.160 expiration and renewal 77.65.070 fee increases, disposition of funds 77.65.360 fees 77.65.160, 77.65.440 fish buyers 77.65.340 food fish fisheries 77.65.200 gear 77.65.160 geoduck divers 77.65.410 hardshell clam mechanical harvester fishery 77.65.250 inheritability 77.65.020 limited-entry license 77.65.040 nonsalmon delivery license 77.65.210 ocean pink shrimp delivery 77.65.380, 77.65.390 Oregon and California-harvested salmon, delivery to state ports 77.65.180 oyster cultch permit 77.65.270 oyster reserve fishery 77.65.260 professional salmon guides 77.65.370 Puget Sound crab pot buoy tag program 77.70.430, 77.70.440 Puget Sound shrimp-pot fishery 77.70.410 Puget Sound shrimp-trawl fishery 77.70.420 qualifications to hold 77.65.040 replacement fee 77.65.050 sale or delivery of fish, conditions 77.65.120 salmon 77.65.160, 77.65.170, 77.65.190 salmon roe 77.65.350 security interest or lien, licenses not subject to 77.65.070 shellfish fisheries 77.65.220 statutes and rules, applicability 77.65.070 suspension for noncompliance with support order 77.65.080, 77.70.010 transfer of licenses, restrictions and fees 77.65.020 vessel designation 77.65.100 vessel operation, designated and alternate operators 77.65.130 vessel substitution 77.65.090 waiver of requirements in year no commercial fishery allowed, effect 77.70.020 waiver or fees refund in year when no commercial fishery allowed 77.65.060 when required, exemption 77.65.010 wholesale fish dealers 77.65.280, 77.65.290, 77.65.300, 77.65.310, 77.65.320, 77.65.330 Disposition of moneys collected 77.12.177 duplicate licenses, rebates, permits, tags, and stamps 77.32.256 family fishing weekend 77.32.470 fees 77.65.480 collection, payment 77.32.050 fish buyers 77.65.340 fish enhancement programs, funding 77.32.440 fishing guides 77.65.480, 77.65.490 freshwater and saltwater licenses, validity 77.32.500 issuance authorized issuers, fee collection, and payment 77.32.050 nontransferable 77.32.250 personal use fishing licenses fees 77.32.470 reciprocity with Oregon in Columbia river and coastal waters 77.32.410 personal use shellfish and seaweed licenses 77.32.520 recreational license fees, disposition 77.32.510 recreational licenses fees 77.65.440 (2008 Ed.) FISH AND FISHING recreational salmon and marine fish enhancement program, funding 77.105.140 reports required 77.65.500 requirements 77.32.010 revocation for support order noncompliance 77.32.014 rules for form, display, procedures 77.32.090 salmon roe 77.65.350 saltwater and freshwater licenses, validity 77.32.500 steelhead 77.65.480, 77.65.490 taxidermy 77.65.480, 77.65.490 temporary fishing licenses 77.32.470 vehicle use on department improved access facility, fee 77.32.380 warm water game fish surcharge Ch. 77.44 wholesale fish dealers 77.65.280, 77.65.290, 77.65.300, 77.65.310, 77.65.320, 77.65.330 Liens commercial fisherman defined 60.13.010 duration, discharge 60.13.060 filing statement 60.13.040 priority of lien 60.13.050 processor lien, commercial fisherman 60.13.020 Marine fin fish aquaculture program Ch. 77.125 Measurement, crimes false measure 9.45.124 inaccurate measure 9.45.124 inducing false measure 9.45.126 Minors exclusive fishing areas 77.12.330 Motor vehicles gross weight fees, fish products excluded from lower fees for farm products 46.16.090 Natural resources management state policy, express domain 77.110.030 Oil and hazardous materials spills wildlife rehabilitation 90.56.110 wildlife rescue coalition 90.56.100 Oysters Olympia oysters cultivation on reserves 77.60.040 oyster cultch commercial permit 77.65.270 oyster reserve commercial license 77.65.260 public lands—aquatic lands oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 seed, imported inspection and permit 77.60.080, 77.60.090 state reserves culturing, pilot project 77.60.150 established 77.60.010 management plan 77.60.030 oyster reserve land account 77.60.160 personal use 77.60.030 sale 77.60.050 sale, lease, or disposal 77.60.020 Pacific marine fisheries compact Ch. 77.75 Pacific Ocean commercial salmon fishing, limitations 77.50.020 salmon caught by other than troll or angling gear, prohibitions 77.50.080 salmon fishing gear, limitation 77.50.070 Peddlers’ licensing, counties 36.71.090 Permits application, information required 77.32.070 fish stocking 77.65.490 fishing contests 77.65.480 issuance authorized issuers, fee collection, and payment 77.32.050 parking 77.32.010 revocation for support order noncompliance 77.32.014 scientific collectors 77.32.240 (2008 Ed.) Pest and disease prevention and suppression 77.12.455 Prison work programs fish and game projects establishment 72.63.020 funding 72.63.040 procedures 72.63.030 Private tideland owners or lessees, rules application 77.12.047 Propagation and protection agreements and contracts 77.12.043 cooperation with Oregon, Columbia river 77.12.325 Protected species classification 77.12.020 Protection of fish in state waters hydraulic projects and permits Ch. 77.55 Public lands—aquatic lands oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 Public safety and education account 77.12.201 Puget Sound commercial salmon fishing, limitations 77.50.010 water quality protection Ch. 90.71 Recreational fisheries enhancement account 77.105.150 Recreational salmon and marine fish enhancement program access to recreational resources, plans for increased 77.105.120 chinook and coho salmon, rearing program changes 77.105.100 contracts with private entities 77.105.130 coordination with wild stock initiative 77.105.110 coordinator 77.105.010 department responsibilities 77.105.020 freshwater rearing of delayed-release chinook salmon 77.105.040 funding 77.105.140 hatchery-produced fish, planning 77.105.100 marine bottomfish species, artificial rearing 77.105.050 oversight committee 77.105.160 planning and operation 77.105.030 predator management and control 77.105.090 projects, siting process 77.105.070 public awareness program 77.105.080 research goals 77.105.060 Reef net salmon fishing areas 77.50.050 Regional fisheries enhancement program Ch. 77.95 Research and reports director’s duties 77.04.120 Rockfish research and stock assessment program 77.12.702 Rules adoption and certification 77.04.130 adoption procedure 77.04.090 authority to adopt 77.12.047 printing 77.04.140 private tideland owners or lessees, application 77.12.047 publication 77.04.090 use in evidence 77.04.090 Rural natural resources impact areas dislocated workers program Ch. 50.70 environmental and forest restoration Ch. 43.21J Sabotage, injury or interference with fishing constitutes 9.05.060 Salmon Cedar river spawning channel construction authorized 77.100.100 funding 77.100.130 mitigation of water diversion projects 77.100.160 specifications 77.100.120 technical and policy committees 77.100.110 chinook and coho, external marking of hatchery-produced fish 77.95.280, 77.95.290, 77.95.300 chinook and coho remote site incubators, field testing 77.95.190 closed waters to commercial fishing, limitations 77.50.010 coastal ecosystems compact and agreements Ch. 77.75 Columbia river prohibited gear 77.50.030 commercial fishing maintaining consistent harvest levels 77.50.120 unauthorized gear 77.50.110 commercial license limitation programs salmon angler permits 77.70.060 salmon charter boats 77.70.050, 77.70.070, 77.70.080 salmon fishing and delivery licenses 77.70.090, 77.70.100 commercial licenses and permits emergency salmon delivery license 77.65.190 geographic designations 77.65.160 Oregon and California-harvested salmon, delivery to state ports 77.65.180 salmon delivery license 77.65.170 commercial net fishing in Columbia river tributaries 77.50.040 definition 77.08.024 dislocated workers program Ch. 50.70 distribution to state institutions and needy persons 77.12.451 eggs, availability to private smolt producers 77.95.270 eggs, sale of surplus 77.95.210 fishing by Wanapum (Sokulk) Indians 77.12.453 fishing gear in Pacific Ocean, limitation 77.50.070 harvest, annual report 77.95.310 hatchery-produced chinook and coho, external marking program 77.95.280, 77.95.290, 77.95.300 labeling requirements 69.04.932, 69.04.933, 69.04.934 management of salmon and steelhead resources Ch. 77.110 marine fin fish aquaculture program Ch. 77.125 Pacific Ocean caught by other than troll or angling gear, prohibitions 77.50.080 Pacific Ocean commercial fishing, limitations 77.50.020 Pacific salmon treaty Ch. 77.75 production facilities, state-funded director to determine cost of full capacity operation 77.95.230 professional salmon guides license 77.65.370 Puget Sound commercial fishing, limitations 77.50.010 Puget Sound water quality protection Ch. 90.71 recreational salmon and marine fish enhancement program Ch. 77.105 reef net fishing areas 77.50.050 Release and recapture prohibited 77.12.459 remote site incubator program 77.95.200 rural natural resources impact areas environmental and forest restoration Ch. 43.21J sale by department, limitations 77.12.451 sale of surplus salmon eggs and carcasses by cooperative projects 77.100.040 salmon stamp program, purpose and procedures 77.12.850, 77.12.852, 77.12.854, 77.12.856, 77.12.858, 77.12.860 Skagit river recovery plan 77.95.140 [RCW Index—page 297] FISH AND FISHING smolts, state purchase of privately reared 77.95.240, 77.95.250, 77.95.260, 77.95.270 Straits of Juan de Fuca commercial fishing, limitations 77.50.020 Tilton and Cowlitz rivers, proposals to reinstate runs 77.12.765 watershed planning and management Ch. 90.82 wild salmon protection, external marking of hatchery-produced chinook and coho 77.95.280, 77.95.300 wild salmonid policy and management 77.65.420, 77.65.430 Salmon enhancement facilities—bond issue Ch. 77.90 Salmon enhancement program coho and chinook salmon remote site incubators, field testing 77.95.190 enhancement projects defined 77.95.050 proposals, criteria 77.95.030 fish passage barrier removal, administration 77.95.170 fish passage barrier removal program 77.95.180 fish passage barrier removal task force, membership and duties 77.95.160 long-term regional policy statements 77.95.020 plan and proposed projects 77.95.040 regional fisheries enhancement group advisory board 77.95.110, 77.95.120 regional fisheries enhancement groups coho and chinook salmon remote site incubators, field testing 77.95.190 coordination with state agencies 77.95.150 formation 77.95.060 goals 77.95.070 incorporation, prerequisite conditions 77.95.080 regional fisheries enhancement group account, surcharge to fund 77.95.090 start-up funds 77.95.100 regional fisheries enhancement salmonid recovery account 77.95.130 remote site incubator program 77.95.200 Salmon recovery definitions 77.85.010 forest practices federal assurances 77.85.190 implementation Ch. 76.09 forum on monitoring salmon recovery and watershed health 77.85.250 governor’s salmon recovery office 77.85.030 habitat projects allocation of funds 77.85.140 critical pathways methodology 77.85.060 lists, compilation and prioritization for implementation 77.85.050 outcome-focused performance measures 77.85.135 technical assistance authorized 77.85.080 work schedule 77.85.060 independent science panel 77.85.040 intertidal enhancement plan 77.85.230 intertidal habitat restoration planning process 77.85.220 mitigation alternatives, work group to evaluate 77.85.100 monitoring data 77.85.160 program, management board duties 77.85.200 Puget Sound organizations 77.85.090 Puget sound partners 77.85.240 report to legislature 77.85.020 salmon recovery account 77.85.170 salmon recovery funding board allocation of funds 77.85.130 membership 77.85.110 responsibilities and powers 77.85.120 salmon stamp program, purpose and procedures 77.12.850, 77.12.852, [RCW Index—page 298] 77.12.854, 77.12.856, 77.12.858, 77.12.860 southwest Washington salmon recovery region 77.85.090 statewide strategy 77.85.150 Salmonid stock surplus salmon report 77.04.160 water diversion impact on stock, metering requirements 90.03.360 Scientific collectors 77.32.240 Sea cucumbers commercial license limitation programs sea cucumber dive fishery 77.70.190 Sea urchins commercial license limitation programs sea urchin dive fishery 77.70.150 Seafood safety authority of department of health 43.70.185 labels 69.04.928 Seasons and bag limits 77.12.150 Seaweed personal use licenses 77.32.520 public lands—aquatic lands oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 Shellfish beds on state lands conservation and development 77.60.100 coastal crab account 77.65.240, 77.70.320, 77.70.330 coastal crab resource management 77.70.330 commercial license limitation programs Dungeness crab-coastal fishery 77.70.360 Dungeness crab-Puget Sound fishery 77.70.110 Puget Sound shrimp-pot fishery 77.70.410 Puget Sound shrimp-trawl fishery 77.70.420 commercial licenses Ch. 77.65 commercial licenses and permits coastal crab pot buoy tag program 77.70.430, 77.70.442 Dungeness crab-coastal fishery 77.70.280, 77.70.290, 77.70.300, 77.70.310, 77.70.320, 77.70.340, 77.70.350, 77.70.370, 77.70.390, 77.70.400 Dungeness crab-coastal fishery, surcharge 77.65.240 Puget Sound crab pot buoy tag program 77.70.430, 77.70.440 Puget Sound shrimp-pot fishery 77.70.410 Puget Sound shrimp-trawl fishery 77.70.420 disabled persons, designated harvester cards 77.32.400 hardshell clam mechanical harvester fishery license 77.65.250 infected or infested areas, restrictions 77.60.060 on-site sewage grant program 77.60.170 oyster cultch commercial permit 77.65.270 oyster reserve fishery license 77.65.260 personal use licenses 77.32.520 personal use licenses, razor clams only 77.32.520 physical disability permits 77.32.400 prohibited acts Ch. 77.50 public lands—aquatic lands oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 restricted areas 77.60.060 sale from state oyster reserves 77.60.050 sanitary control certificates of approval 69.30.050, 69.30.060, 69.30.080 certificates of compliance required 69.30.020 civil penalties for violations 69.30.145, 69.30.150 culling, shucking and packing establishments 69.30.060 definitions 69.30.010 fish and wildlife department rules compliance 69.30.070 health, state board of, duties 69.30.030 inspection, authorization 69.30.120 license or certificate of approval denial, revocation, or suspension, effect 69.30.085 penalties for violations 69.30.140 pollution laws and rules, application 69.30.130 sale or possession in violation of chapter, procedure 69.30.110 shellfish growing areas 69.30.050 zebra mussels and European green crabs, prevention of introduction and dispersal 77.60.110, 77.60.120 Shellfish protection districts and programs, establishment and administration Ch. 90.72 Shrimp commercial license limitation programs ocean pink shrimp delivery license 77.70.230, 77.70.240, 77.70.250, 77.70.260 ocean pink shrimp delivery license 77.65.380, 77.65.390 pots in Hood Canal, limitation 77.50.100 Snake river boundary with Idaho, cooperation for wildlife rules adoption and enforcement Ch. 77.75 State parks, hunting and fishing violations 79A.05.165 Steelhead commercial fisheries prohibited 77.12.760 harvest, annual report 77.95.310 petition congress to make national game fish 77.110.020 plan to double by year 2000, contents 77.12.710 purchase or sale, license 77.65.480 recovery pilot program, management board duties 77.95.200 recovery program, management board duties 77.85.200 recreational fishery only for non-Indian fishermen 77.12.760 release and recapture prohibited 77.12.459 Tilton and Cowlitz rivers, proposals to reinstate runs 77.12.765 Straits of Juan de Fuca commercial salmon fishing, limitations 77.50.020 Tax on enhanced food fish Ch. 82.27 Tax on seafood products 82.04.440 Tax on seafood products businesses 82.04.260 exemption 82.04.4269 Taxidermy licenses 77.65.480 Temporary fishing licenses 77.32.470 Terminal facilities, port districts 53.08.020 Terminally ill persons, fishing opportunities 77.32.565 Test fishing operations sales of fish or shellfish 77.12.451 Tourtle river fish collection facility 77.57.080 Trespass aquaculture structures definitions 9A.52.010 Trout plan to double by year 2000, contents 77.12.710 state purchase of privately-grown Ch. 77.18 United States agreements of state with department of defense 77.12.275 University of Washington lands 28B.20.328 Vehicle use on department improved access facility, fee 77.32.380 Vessels suspension for noncompliance with support order 77.70.010 Violations crimes and penalties, generally Ch. 77.15 prohibited acts Ch. 77.50 (2008 Ed.) FISH AND WILDLIFE, DEPARTMENT OF Volunteer cooperative fish and wildlife enhancement program agreements, duration 77.100.070 Cedar river salmon spawning channel construction authorized 77.100.100 cooperative projects enumerated 77.100.030 definitions 77.100.020 department duties 77.100.050 duties of volunteers 77.100.080 procedures 77.100.060 surplus salmon eggs and carcasses, sale 77.100.040 Warm water game fish enhancement created 77.44.010 definitions 77.44.007 goals 77.44.040 hatchery fish, purchase 77.44.060, 77.44.070 surcharge, use of funds 77.44.030 warm water game fish account 77.44.050 Washington State University lands 28B.30.325 Water flows or levels, establishment of minimum Ch. 90.22 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 Weights and measures 19.94.400 Wildlife account 77.12.170, 77.12.184, 77.12.190 Wildlife agents license authenticity powers 77.32.250 Wildlife restoration, federal act Ch. 77.75 Wildlife violator compact Ch. 77.75 Zebra mussels and European green crabs, prevention of introduction and dispersal 77.60.110, 77.60.120 FISH AND WILDLIFE, DEPARTMENT OF Acquisition or sale of wildlife by department 77.12.140 Agreements scope, authority 77.12.320 Agricultural and grazing lands fish and wildlife goals, implementation 77.12.204 Alpacas disease control authority not extended to department 77.12.031 Aquaculture disease inspection and control program Ch. 77.115 Aquatic invasive species infested state waters 77.12.875, 77.12.878 inspection of watercraft 77.12.882 prevention account and program 77.12.879 Aquatic noxious weeds removal, rules and pamphlet 77.55.081 Bald eagles cooperative programs 77.12.650 habitat buffer zones 77.12.655 Ballast water management Ch. 77.120 Branch offices 43.17.050 Check stations authority, scope 77.12.620, 77.12.630 purpose 77.12.610 Chemical capture program registration for controlled substance use 69.50.320 Columbia river fish cultural stations, laboratories, and protective devices 77.12.285 Commission authority, intent of legislature 77.04.013 delegation of authority 77.04.020 duties 77.12.020 mandate to preserve and protect fish and wildlife 77.04.012 membership, powers, and duties Ch. 77.04 powers and duties Ch. 77.12 Composition 77.04.020 Consolidation of departments of fisheries and of wildlife legislative purpose 43.300.005 (2008 Ed.) Construction projects in state waters, hydraulic permits Ch. 77.55 Contests hunting and fishing limitations 77.32.525, 77.32.540 Cooperative agreements Columbia river fish, shellfish, and wildlife 77.12.325 fish habitat improvements 77.12.420 fish restoration and management projects Ch. 77.75 Idaho Snake river Ch. 77.75 wildlife restoration, federal act Ch. 77.75 Cost-reimbursement agreements 43.300.080 Created 43.17.010 Creation 43.300.010 Criminal acts and penalties Ch. 77.15 Damage by wildlife cooperative prevention agreements 77.12.260 removal or killing 77.12.240 Definitions 43.300.020, 77.08.010 Deleterious exotic wildlife classification 77.12.020 Derelict fishing gear data base 77.12.870 guidelines for disposal 77.12.865 Director appointment 43.17.020 chief assistant director 43.17.040 derelict vessels, authority 77.12.465 duties 77.12.020 energy facility site evaluation council, member 80.50.030 enforcement authority 43.300.060 exempt employees, authority to appoint 43.300.050 oath 43.17.030 powers and duties 43.17.030, 43.300.040, 77.04.020, 77.04.080 qualifications 77.04.080 salary 77.04.080 vacancy 43.17.040 Disabilities, persons with fish and shellfish, designated harvester cards 77.32.400 Disabled hunter permits assistance from nondisabled hunter 77.32.238 shooting from motor vehicle 77.32.238 Dogs deer and elk harassment 77.12.315 field trials, limitations 77.32.525, 77.32.540 Emergency rule adoption 77.04.090 Employees exempt employees director’s authority to appoint 43.300.050 Endangered species classification 77.12.020 Enforcement fish and fishing, prohibited acts Ch. 77.50 Enforcement authority 43.300.060 Enforcement code Ch. 77.15 Family fishing days 77.32.025 Field trials for dogs, limitations 77.32.525, 77.32.540 Fish cultural stations, laboratories, and protective devices agreements with federal government to establish and maintain 77.12.285 Fish enhancement programs, funding 77.32.440 Fish habitat improvements, cooperative agreements 77.12.420 Fish hatcheries volunteer group projects 77.100.170 Fish passage barriers removal program 77.95.180 Fish restoration and management projects, federal act Ch. 77.75 Fisheries facilities, 1983 bond issue administration of proceeds 43.83I.188 Fishing commercial licenses Ch. 77.65 contests limitations 77.32.525 cooperative agreements to improve habitat 77.12.420 eradication of undesirable fish 77.12.420 fees Ch. 77.32 license limitation programs Ch. 77.70 licenses Ch. 77.32 recreational fishing licenses Ch. 77.32 seasons and bag limits 77.12.150 Fishing vessels program to purchase vessels and licenses Ch. 77.80 Fishways, flow, and screening Ch. 77.57 Game farms eggs, authority to deal in 77.12.580 licenses and operations 77.12.570 tagging of products 77.12.590 transportation requirements 77.12.600 Whidbey Island game farm, sale 77.12.605 Game fish defined 77.08.020 mitigation Ch. 77.18 plan to double production by year 2000, contents 77.12.710 steelhead commercial fisheries prohibited 77.12.760 recreational fishery only for non-Indian fishermen 77.12.760 warm water game fish enhancement Ch. 77.44 Gifts and grants authority 77.12.320 Governor’s appointment authority 77.04.080 Grizzly bears protection and management 77.12.035 Housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 Hunter education training program 77.32.155 Hunting contests limitations 77.32.525 fees Ch. 77.32 licenses Ch. 77.32 seasons, bag limits, and special hunt 77.12.150 Integrated pest management Ch. 17.15 Lands local improvement district assessments 77.12.230 payments to counties in lieu of property taxes 77.12.201, 77.12.203 withdrawal of state lands from lease for game purposes 77.12.370, 77.12.380, 77.12.390 Licenses fishing Ch. 77.32 fishing guides Ch. 77.32 fur dealers Ch. 77.32 game farms Ch. 77.32 hunting Ch. 77.32 taxidermy Ch. 77.32 trapping Ch. 77.32 Llamas disease control authority not extended to department 77.12.031 Local improvement district assessments against department lands 77.12.230 Mandate to preserve and protect fish and wildlife 77.04.012 Marine plastic debris Ch. 79.145 Migratory bird stamp production and revenue use 77.12.680 Migratory bird stamp, license validation production and revenue use 77.12.670 Migratory waterfowl art committee 77.12.680, 77.12.690 Migratory waterfowl stamp 77.08.045 Minors fishing, exclusive areas set aside 77.12.330 Moneys collected disposition of 77.12.177, 77.12.184 Notification requirements 43.300.090, 77.04.145, 77.12.038 Offices to be maintained at state capital 43.17.050 [RCW Index—page 299] FISH AND WILDLIFE COMMISSION Oil and gas on game land 77.12.210 On-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative declaration 43.81.010 Permits Ch. 77.32 Pest control integrated pest management Ch. 17.15 Prison work programs fish and game projects 72.63.020, 72.63.030, 72.63.040 Property acceptance for claims settlement and resource conservation 77.12.039 acquisition, use, and management 77.12.037 acquisition or transfer 77.12.220 disposal procedure 77.12.210 management 77.12.210 Protected species classification 77.12.020 Public shooting grounds tidelands, use 77.12.550, 77.12.560 withdrawal from lease and sale 77.12.540 Publications, proceeds and costs 77.12.184 Recreational salmon and marine fish enhancement program Ch. 77.105 Regional fisheries enhancement group account 77.95.090 Regional fisheries enhancement program Ch. 77.95 Research removal or killing of wildlife authorized, disposition 77.12.240 Rockfish research and stock assessment program 77.12.702 Rules 43.17.060 Rules and regulations emergency rules 77.04.090 Rules compliance technical assistance program Ch. 43.05 Sales property, real or personal 77.12.210 Salmon Cedar river spawning channel construction authorized 77.100.100 funding 77.100.130 mitigation of water diversion projects 77.100.160 specifications 77.100.120 technical and policy committees 77.100.110 marine fin fish aquaculture program Ch. 77.125 surplus salmon report 77.04.160 Salmon enhancement facilities—bond issue Ch. 77.90 Salmon enhancement program and projects Ch. 77.95 Salmon recovery and habitat restoration Ch. 77.85 Salmon stamp program, purpose and procedures 77.12.850, 77.12.852, 77.12.854, 77.12.856, 77.12.858, 77.12.860 Sampling of fish, wildlife, or shellfish by employees 77.12.071 Seashore conservation area, powers and duties 79A.05.625 Seasons, bag limits, and special hunt 77.12.150 Shellfish management Ch. 77.60 Skagit river salmon recovery plan director to prepare, requirements 77.95.140 Special wildlife account 77.12.323 Specialized forest products, duties 76.48.040 Tidelands and shorelands under department management, exchange with landowners if in public interest 43.300.070 Tourtle river fish collection facility 77.57.080 Transfer of powers, duties, and functions of the departments of fisheries and of wildlife 43.300.010 Trapping licenses Ch. 77.32 required procedures 77.32.545 [RCW Index—page 300] Vehicle use on department improved access facility, fee 77.32.380 Volunteer cooperative fish and wildlife enhancement program Ch. 77.100 Warm water game fish enhancement Ch. 77.44 Watershed compensatory mitigation Ch. 90.74 Wildlife classification 77.12.020 predatory, web site posting 77.12.885 viewing and tourism management 77.12.065, 77.12.880 watchable wildlife decals 77.32.560 Wildlife account 77.12.170, 77.12.184, 77.12.190 Wildlife damage control Ch. 77.36 wildlife rehabilitation program 77.12.467, 77.12.469, 77.12.471 Wildlife restoration, federal act Ch. 77.75 Wildlife violator compact Ch. 77.75 Yakima river conservation area hunting, authority to regulate and manage 79A.05.793 FISH AND WILDLIFE COMMISSION (See FISH AND WILDLIFE, DEPARTMENT OF, subtitle Commission) FISH LADDERS (See FISH AND FISHING, subtitle Fishways) FISH MARKETING ASSOCIATIONS Agent of member, may act as 24.36.320 Appraisal of expelled members’ property 24.36.290 Bylaws 24.36.130 Conspiracy, deemed not to be 24.36.070 Contracts, legality presumed 24.36.070 Contracts with other corporations or associations 24.36.400 Definitions 24.36.030 Directors districts 24.36.190, 24.36.200 election 24.36.190, 24.36.200, 24.36.210 executive committee 24.36.240 nomination 24.36.220 terms of office 24.36.230 Dividends, form of, amount 24.36.160 Exemptions under other laws apply 24.36.080 Fees and charges, membership 24.36.160 General corporate laws apply 24.36.050 Incur indebtedness, powers to 24.36.310 Investments 24.36.330 Joint operations with other corporations or associations 24.36.400 Landlord or lessor, enforcement against 24.36.460 Liability of members breach of marketing contract 24.36.440 debts of association 24.36.270 Marketing contracts 24.36.410 delivery by member, enforcement of 24.36.470 injunctions to enforce 24.36.450 Meetings 24.36.180, 24.36.280 Membership appraisal of expelled members’ property 24.36.290 fees and charges 24.36.160 qualifications 24.36.250 suspension of 24.36.170 termination of 24.36.170 valuation and purchase of shares 24.36.170 Merger and consolidation 24.36.090 Monopoly, deemed not to be 24.36.070 Nonprofit 24.36.040 Nonstock associations certificate of membership 24.36.260 statement in articles 24.36.120 Powers 24.36.300, 24.36.370 Price fixing, not deemed arbitrary 24.36.070 Purpose 24.36.020 Quorum 24.36.150 Restraint of trade combination, deemed not to be 24.36.070 Sale of products 24.36.420, 24.36.430 Securities act inapplicable 24.36.060 Short title 24.36.010 Stock articles to contain statement of 24.36.100, 24.36.110 transfer of, restriction 24.36.140 Stock and bonds of other corporations, power to deal in 24.36.340, 24.36.390 Stock associations, articles to describe shares 24.36.100, 24.36.110 Transfer of stock, restriction 24.36.140 Voting, bylaws to regulate 24.36.150 Warehouse corporations membership in 24.36.390 warehouse receipts, validity 24.36.390 FISH PEDDLERS Exempted from county peddlers’ licensing 36.71.090 FISH PONDS Amusement game defined 9.46.0201 FISHWAYS (See also FISH AND FISHING, subtitle Fishways) FISHWAYS, FLOWS, AND SCREENING Director may modify inadequate fishways and fish guards 77.57.040 inadequate fishways and protective devices 77.57.060 Divert or store water permit application review 77.57.020 screen, bypass required 77.57.070 Fish guards on diversion devices 77.57.010 Fishway impractical, provisions in lieu 77.57.050 Fishways in dams or obstructions 77.57.030 Tourtle river fish collection facility 77.57.080 FITNESS CLUBS (See HEALTH STUDIOS) FLAGS Crimes relating to advertising, using for 9.86.020 defined 9.86.020 desecration of 9.86.030 improper use of, penalty 9.86.020 mutilating, defacing, defiling, burning, or trampling 9.86.030 schools, exercises, display, salute, failure to comply with, penalty 28A.230.140 Display 1.20.015, 1.20.017 Motor vehicles, towing flag equipment requirement 46.44.070 National league of families’ POW/MIA flag 1.20.017 State flag 1.20.010 United States colleges and universities, display 28B.10.030 schools, exercises, display, salute, students not saluting, responsibility 28A.230.140 FLAME RETARDANTS — POLYBROMINATED DIPHENYL ETHERS Generally Ch. 70.76 FLAMMABLE FABRICS Children’s sleepwear act in addition to other laws 70.110.900 attorney general, prosecuting attorneys, may restrain violations 70.110.050 compliance required 70.110.040 definitions 70.110.030 jurisdiction of courts 70.110.080 legislative finding 70.110.020 penalties 70.110.040 service of process 70.110.080 standards 70.110.030, 70.110.040 strict liability 70.110.070 FLAMMABLE LIQUIDS Defined for motor vehicle purposes 46.04.187 FLARES Approval by state patrol 46.37.440 (2008 Ed.) FLOOD CONTROL FLEA MARKETS AND SWAP MEETS Unused property merchants Ch. 19.210 FLEET VEHICLES (See MOTOR VEHICLES) FLEXIBLE-TIME State agencies 41.04.390 FLIES (See INSECTS) FLOATER LICENSE PLATES (See MOTOR VEHICLES, subtitle Reciprocal or proportional registration) FLOOD CONTROL City programs authorized 86.16.160 Commission, See FLOOD CONTROL, subtitle Districts Comprehensive flood control management plan advisory committees, county authority to create, membership and duties 86.12.220 arbitration of disputed issues 86.12.210 county authority to adopt, required elements 86.12.200 local officials, participation of 86.12.210 state participation and financial assistance 86.26.050 Comprehensive plans of cities address run-off 35.63.090, 35A.63.061, 36.70.330 Construction projects in state waters Ch. 77.55 Counties cessation of jurisdiction 36.34.240 comprehensive flood control management plan advisory committees, authority to create, membership and duties 86.12.220 arbitration of disputed issues 86.12.210 authority to adopt, required elements 86.12.200 local officials, participation of 86.12.210 state participation and financial assistance 86.26.050 consent of state 36.34.230 eminent domain, exercise of power 86.12.030 expenses, how paid 86.12.033 general power 36.34.220, 36.34.230, 36.34.240 immunity from liability 86.12.037 improvements, authority to make 86.12.020 improvements for flood control causing river to change course, title and interest of state in abandoned channel granted to improving county 86.12.034 joint control abandoned channels, granting of state title to county 86.13.110 boundary line rivers 86.13.010 contract to control 86.13.010 eminent domain, power of 86.13.040 funds expenditure of 86.13.020 intercounty river improvement fund 86.13.030 issuance of warrants 86.13.090 joint county meeting, procedure 86.13.050 liability between counties 86.13.080 not exclusive 86.13.070 property, lease or disposal of 86.13.100 special commissioners, penalty 86.13.060 tax levy for 86.13.030 lease or conveyance of county property to United States for 36.34.220 river improvement fund expenses to be paid from 86.12.033 flood maintenance account 86.12.010 taxation for 86.12.010 state zones, See FLOOD CONTROL, subtitle Zone districts Counties, cities, and towns floodplain management ordinances authority to adopt requirements exceeding federal minimum 86.16.045 County programs authorized 86.16.160 County wide districts (2008 Ed.) administration of subzones 86.15.025 formation, hearing and notice 86.15.030 law applicable 86.15.025 operation of subzones 86.15.025 power, authority and responsibility of board 86.15.025 subdistricts 86.15.025 subzones, power and authority 86.15.025 Districts bonds, mutual savings banks, investment in 32.20.110 contracts with other governmental units 86.24.040 disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 dissolution Ch. 53.48 review by boundary review board 53.48.001 real property, leasing of 86.09.520 state participation, See FLOOD CONTROL, subtitle State zones zones, See FLOOD CONTROL, subtitle Zone districts Districts—1935 act, repeal and validation 86.05.920 Districts—1937 act annexation, consolidation 86.09.710 assessments alternative method determining benefit ratio 86.09.409 percentage shall fix the class 86.09.412 appeal stay bond 86.09.454 appeal from determination 86.09.448 superior to supreme court 86.09.460 appointment of appraisers determination of benefit ratios 86.09.388 appraisers’ board, chairman, secretary, compensation and expenses 86.09.391 assessment roll, contents 86.09.469 base map of lands within the district 86.09.385 benefit ratio basis of assessment 86.09.382 civil practice to apply - costs, liability of district 86.09.457 classification of lands according to benefits, factors considered 86.09.394 by appraisers, classes described 86.09.397 collection 86.09.322 conclusiveness of base assessment map 86.09.439 copies of base assessment map to be filed with county assessors 86.09.442 delinquency sale of parcel 86.15.162 delinquency list 86.09.496 posting and publication 86.09.496 delinquent assessments sale for assessment book, public document 86.09.505 certificate of sale 86.09.502 fee 86.09.502 district as purchaser 86.09.502 effect and validity of deed 86.09.514 entries in assessment book 86.09.505 how conducted 86.09.502 lien vested in purchaser 86.09.505 mistake, misnomer does not affect sale 86.09.517 postponement 86.09.499 redemption deed on demand if not redeemed in two years 86.09.511 entry of 86.09.511 when and how made 86.09.508 descriptions of lands as appraised and classified, map and filing thereof 86.09.421 determination, generally Ch. 86.09 determination deemed prima facie correct on appeal 86.09.463 determining relative values, general tax rolls 86.09.415 district budget, approval, basis for assessment roll 86.09.466 equalization meeting of directors as board, length of time 86.09.487 notice and time for meeting of board of equalization 86.09.484 hearing on objections to assessments ratios conduct of hearing 86.09.433 notice 86.09.427 contents 86.09.430 publication of 86.09.427 order 86.09.433 place 86.09.424 time 86.09.424 how calculated 86.09.475 lands in more than one county 86.09.481 levies to be made according to base assessment map 86.09.445 levy where total less than two dollars 86.09.489 lien, priority 86.09.490 margin for anticipated delinquencies 86.09.472 notice of appeal 86.09.451 omitted property may be back-assessed 86.09.478 payment of, delinquency, date of 86.09.493 percentage of benefits to lands as classed, relative ratios 86.09.400 permanency of ratios of benefits as fixed 86.09.406 presumption that land benefited by class 86.09.382 revision of benefit classification, appointment of reappraisers, effect of reexamination 86.09.418 sales for delinquency 86.09.499, 86.09.502, 86.09.505, 86.09.508, 86.09.511, 86.09.514, 86.09.517 surveys, investigations to determine classification and benefits 86.09.403 authorized 86.09.001 benefits public and private lands 86.09.526 roads, streets, and sewer systems 86.09.523 board of directors conflict of interest, penalty 86.09.286 meetings 86.09.274 public 86.09.280 special 86.09.277 members 86.09.259 oath 86.09.301 powers and duties 86.09.268 public records 86.09.280 quorum 86.09.265 not present, procedure 86.09.292 bond issues payment, duties in regard to 86.09.619 bonds, official 86.09.304, 86.09.307 budget adoption methods 86.09.380 construction boundary limitation 86.09.235 contractor’s bond 86.09.181 contracts 86.09.175, 86.09.178 improvements by force account 86.09.178 parts or units 86.09.196 contracts construction bids, procedure 86.09.178 goods and services installment, procedure 86.09.175 directors and officers bond issues, assessments for payment of, treasurer to perform duties of secretary, when 86.09.619 compensation and expenses of directors and employees 86.09.283 [RCW Index—page 301] FLOOD CONTROL crossing road or public utility, board duties 86.09.229 location of district office (board), change of 86.09.271 property, delivery to successors 86.09.310 treasurer 86.09.313, 86.09.319, 86.09.322, 86.09.325, 86.09.328 dissolution, generally 86.09.622, 86.09.625 elections generally 86.09.379 eminent domain authorized 86.09.202 consolidation of actions, separate verdicts 86.09.208 damages, judgment 86.09.211 deficiencies 86.09.220 judgment 86.09.214 procedure 86.09.205 right of levy 86.09.217 separate verdicts, consolidation of actions 86.09.208 title and estate acquired 86.09.223 federal and state participation in projects, generally 86.09.163, 86.09.166, 86.09.169, 86.09.172 annual assessment and levy 86.09.169 bonds as security 86.09.169 submission to electors 86.09.172 fiscal matters bond issues utility revenue bonds, generally 86.09.592, 86.09.595, 86.09.598, 86.09.601, 86.09.616 bonds, official 86.09.304, 86.09.307 claims, generally 86.09.556, 86.09.559 funds contract fund 86.09.550 creation, generally 86.09.532 custody and disbursement 86.09.553 expense fund 86.09.535 general bond fund 86.09.544 payment by warrant 86.09.562 surplus fund 86.09.538 suspense fund 86.09.541 utility bond fund 86.09.547 special assessment bond issues generally 86.09.157 warrants, order of payment 86.09.565 general governing authority 86.09.020 officers treasurer, ex officio 86.09.313 duties 86.09.322, 86.09.325, 86.09.328 liability 86.09.319 powers district to provide control of water 86.09.004 general enumeration 86.09.151 public corporation 86.09.148 United States, acting for 86.09.160 water, sale, lease, or use of 86.09.154 when district wholly within city or town 86.09.004 public roads or utilities, procedure for crossing 86.09.229 purpose, 1937 act 86.09.001 real property taxation 86.09.520 revision of district generally 86.09.703 petition 86.09.700 right of entry for surveys 86.09.226 right of way across state land 86.09.232 special assessment bonds 86.09.621 special assessments methods 86.09.380 state and federal participation in projects, generally 86.09.163, 86.09.166, 86.09.169, 86.09.172 taxation district lands, exemption from 86.09.520 real property 86.09.520 territory includable federal lands 86.09.019 generally 86.09.004 public lands 86.09.013, 86.09.016 [RCW Index—page 302] state school land 86.09.013 voting rights 86.09.377 watersheds cooperative watershed management 86.09.720 Ecology department powers and duties 43.21A.069 Flood control assistance account establishment, use 86.26.007 Flood control contributions conditions and limitation on expenditures, warrant 86.18.030 declaration of purpose 86.18.010 limitation and condition on expenditures, warrants 86.18.030 warrants 86.18.030 water resources department, determination of expenditures 86.18.030 Flood hazard mitigation bond issue Ch. 43.99U Floodplain management ordinances amendments 86.16.041 counties, cities, and towns, authority to adopt requirements exceeding federal minimum 86.16.045 livestock flood sanctuary areas required 86.16.190 regulatory authority 86.16.020 Highway projects to prevent or minimize flood damage payments by department of transportation, requirements 47.28.140 Hydraulic projects and permit Ch. 77.55 Lake Osoyoos international water control structure 43.21A.450 Local programs authorized 86.16.160 Maintenance municipal corporations’ participation 86.26.070, 86.26.080 state participation, generally Ch. 86.26 Management plans department of ecology authority 86.26.050 Municipal corporations annual budget reports 86.26.080 maintenance fund 86.26.070 Permit processing, emergency water withdrawals and facilities, expedited 86.16.180 Powers of public corporation 86.09.148 Prevention of floods by counties 36.32.280, 36.32.290 Public entities benefiting shall be liable for charges 86.15.160 Soil and water conservation districts, See CONSERVATION DISTRICTS Special districts comprehensive flood control management plan arbitration of disputed issues 86.12.210 local officials, participation of 86.12.210 creation and operation Ch. 85.38 reorganization authorization 85.22.010 State and federal cooperation authority for 86.24.020 contracts authorized 86.24.030 contracts with other governmental units 86.24.040 extent of participation 86.24.030 state interest 86.24.050 State authority appeals from order, decision, or determination of director or department 86.16.110 data on which regulation based 86.16.051 department general authority over dams and obstructions 86.16.035 department of ecology general authority over flood conditions 86.16.025 enforcement 86.16.081 flood damage, defined 86.16.120 floodplain management ordinances and amendments 86.16.041 regulatory authority 86.16.020 liability of state 86.16.071 local governments, department duties 86.16.031 policy statements 86.16.010 rule-making power 86.16.061 State master plan 43.21A.350, 43.21A.355 State participation in maintenance administration and enforcement 86.26.010 agreement and limitations 86.26.100 allocation of funds 86.26.060 appropriation of funds 86.26.050 comprehensive flood control management plan requirements, time for completion 86.26.105 declaration of purpose 86.26.005 flood control assistance account establishment, use 86.26.007 local engineer 86.26.040 scope of 86.26.090 Storm water definitions 86.15.010 public entities benefiting shall be liable for charges 86.15.160 zones bonds 86.15.170 budget 86.15.140 county aid 86.15.150 creation 86.15.020 excess levies, charges, and assessments 86.15.160 improvements authorization 86.15.100 hearing 86.15.120 initiation, comprehensive plan 86.15.110 inclusion of area from another zone, restrictions on 86.15.023 lien for delinquent service charges, revenue bonds 86.15.178 local improvement district creation 86.15.160 powers 86.15.080 revenue bonds issuance and retirement of 86.15.178 service charges, disposition of revenue 86.15.176 voluntary assessments 86.15.165 Storm water control facilities assessments, rates, and charges 90.03.500, 90.03.510, 90.03.520, 90.03.525 Storm water treatment facilities highway construction projects, planning 90.03.540 Town programs, defined 86.16.160 Zone districts administration 86.15.060 advisory committee 86.15.070 assessments delinquency sale of parcel 86.15.162 voluntary, proceeds, disposition, limitation upon use 86.15.165 boundary review boards district actions subject to board review 86.15.001 community revitalization financing 86.15.175 consolidation, abolishment 86.15.200 corporation powers 86.15.095 creation 86.15.020 definitions 86.15.010 fiscal matters bond issues 86.15.170 budget 86.15.140 county aid 86.15.150 excess levies, charges, and assessments 86.15.160 funds 86.15.130 lien for delinquent service charges, revenue bonds 86.15.178 revenue bonds issuance and retirement of 86.15.178 (2008 Ed.) FOOD PROCESSING service charges, disposition of revenue 86.15.176 treasurer 86.15.130 flood control improvements authorization 86.15.100 hearing 86.15.120 initiation, comprehensive plan 86.15.110 formation hearing and notice 86.15.030 inclusion of area from another zone, restrictions on 86.15.023 levies, voluntary assessment of, collection 86.15.165 local improvement district creation 86.15.160 powers extraterritorial 86.15.090 general enumeration 86.15.080 nuisances, abatement 86.15.190 protection of public property 86.15.180 property transfer 86.15.210 quasi municipal corporation 86.15.095 state zones, See FLOOD CONTROL, subtitle State zones supervisors compensation 86.15.055 elections 86.15.050 tax authority 86.15.095 watersheds cooperative watershed management 86.15.035 FLOOD CONTROL DISTRICTS (See FLOOD CONTROL) FLOUR Weights and measures 19.94.430 FLOWERS Floral products, telephone directory business listings Ch. 19.160 State flower 1.20.030 FLUMES Franchises to construct along state highways 47.44.010 Private property, taking of for use in construction of Const. Art. 1 § 16 FLUORIDATION Water district authority 57.08.012 FOLIO Defined 1.16.040 Referee’s compensation for writing testimony 4.48.100 FOOD, DRUG, AND COSMETIC ACT Intrastate commerce in food, drugs, and cosmetics Ch. 69.04 FOOD AND BEVERAGE WORKERS’ PERMITS Adult family home workers exemption 69.06.080 Diseased or infectious persons, employment prohibited 69.06.030 Filing and duration 69.06.010 Limited duty permit 69.06.070 Retail establishments, application of law 69.06.040 Temporary food service, application of law 69.06.045 Time to obtain 69.06.050 Training requirements 69.06.010 Valid throughout state, fee 69.06.020 Violations, penalty 69.06.060 FOOD AND FOOD PRODUCTS Additives 69.04.024, 69.04.025 tolerance regulations 69.04.394 Adulteration, when deemed 69.04.210, 69.04.220, 69.04.231, 69.04.240 Advertising, when deemed false 69.04.710 Agriculture, department of, powers and duties Ch. 69.04 Bacon, packaging requirements 69.04.205 Bulk foods intrastate transportation (2008 Ed.) cleaning of vehicle or vessel 69.04.960 definitions 69.04.950 marking of vehicle or vessel 69.04.960 prohibited practices, exemption 69.04.955 prohibited practices, penalties 69.04.980 rehabilitation of vehicle or vessel for food transport 69.04.970, 69.04.975 substances making vehicle or vessel permanently unsuitable for food 69.04.970 transport in vehicle or vessel used for nonfood cargo, requirements 69.04.965 Color additives tolerance regulations 69.04.396 Common carriers, inspection of records 69.04.810 Condemnation 69.04.100, 69.04.150 Dairies and dairy products, See DAIRIES AND DAIRY PRODUCTS Dangerous products, dissemination of information 69.04.840 Dietary supplements containing alcohol, labeling 66.12.070 Donation and distribution to needy persons collecting, distributing, and gleaning 69.80.031 definitions 69.80.020, 69.80.031 information and referral service 69.80.040 inspection by state and local agencies 69.80.050 liability 69.80.031 safety rules 69.80.060 Eggs and egg products, See EGGS AND EGG PRODUCTS Embargo 69.04.110, 69.04.120, 69.04.123, 69.04.130, 69.04.140, 69.04.150 Enforcement authority 69.04.730, 69.04.800 Factories, warehouses, and vehicles, right of entry 69.04.820 Food, drug, and cosmetic act Ch. 69.04 Food and beverage workers’ permits Ch. 69.06 Food and environmental quality laboratory, purpose and activities Ch. 15.92 Food processing plants, See FOOD PROCESSING Food storage warehouses, licensing requirements Ch. 69.10 Frozen fish and meat, labeling requirements 69.04.930 Good samaritan food donations 69.80.031 Harmful matter tolerance regulations 69.04.390, 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.04.400 Health, director, powers and duties as to 43.20.200 Hearings 69.04.750, 69.04.761 Honey, standards and requirements Ch. 69.28 Intrastate commerce in food, drugs, and cosmetics Ch. 69.04 Investigations 69.04.780, 69.04.790 Kosher food products Ch. 69.90 Labels artificial additives 69.04.330 container fill 69.04.300 dietary properties 69.04.320, 69.04.340 false or misleading 69.04.250 food in transit for completion, exemption 69.04.380 frozen fish and meat 69.04.930 imported lamb products 69.04.940 name and ingredients 69.04.310 nonconformity with standard of identity 69.04.280 nonconformity with standard of quality 69.04.290 out-of-state poultry 69.04.245 packaged food 69.04.260 pull date 69.04.900, 69.04.905, 69.04.910, 69.04.915, 69.04.920 readability 69.04.270 salmon labeling 69.04.932, 69.04.933, 69.04.934, 69.04.935 seafood 69.04.928 Liquor content regulated 66.12.160, 66.12.170 Liquor laws, exemptions and sample analysis 66.12.070, 66.12.140 Manufacturing or processing permits inspection, access 69.04.370 suspension and reinstatement 69.04.360 when required 69.04.350 Meat, custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Milk and milk products, See DAIRIES AND DAIRY PRODUCTS Obesity lawsuits food and beverage consumption 7.72.070 Organic food products, See ORGANIC FOOD Packaged food label contents 69.04.260 Pesticide chemicals tolerance regulations 69.04.392 Pesticide registration, commission on, membership and duties 15.92.090, 15.92.095, 15.92.100, 15.92.105, 15.92.110 Poisonous or deleterious substances 69.04.390 Poisons or other harmful objects in food, drinks, medicine, or water Ch. 69.40 Popcorn, disclosure of butter or butter-like flavoring 69.04.331 Poultry frozen products, labeling 69.04.333 labeling requirements, enforcement 69.04.335 misbranding of out-of-state products 69.04.245 turkey grade, labeling 69.04.334 Processing plants, See FOOD PROCESSING Prohibited acts enumeration 69.04.040 injunctions 69.04.050 liability of disseminator of advertising 69.04.090 penalties 69.04.060, 69.04.070, 69.04.080 Pull date labeling definitions 69.04.900 requirements 69.04.905 rule-making authority of director of agriculture 69.04.915 sale beyond pull date 69.04.910 violations, penalty 69.04.920 Reports, publication 69.04.830 Rule-making authority 69.04.740 Salmon labeling definitions 69.04.932 identification as farm-raised or commercially caught 69.04.934 rule-making authority of director of agriculture 69.04.935 species identification 69.04.933 Secretary of social and health services, powers and duties as to 43.20A.660 Shellfish sanitary control Ch. 69.30 Standards establishment 69.04.190 federal standards, conformance 69.04.200 nonconformance 69.04.280, 69.04.290, 69.04.300 State veterinarian, powers and duties 43.23.070 In transit for completion, labeling exemption 69.04.380 Violations bulk foods transportation 69.04.980 civil penalty 69.04.880 infractions 69.04.170 prosecution 69.04.160 pull date labeling 69.04.920 FOOD COUPONS (See FOOD STAMPS) FOOD DONATION AND DISTRIBUTION Liability Ch. 69.80 FOOD FISH AND SHELLFISH (See FISH AND FISHING) FOOD LOCKERS (See COLD STORAGE FOOD LOCKERS) FOOD PROCESSING [RCW Index—page 303] FOOD STAMPS Administrative procedure act, application 69.07.070 Agriculture department, authority of director and personnel 69.07.095 Bottled water, labeling standards 69.07.180, 69.07.190 Chickens, one thousand or fewer 69.07.103 Definitions 69.07.010 Enforcement 69.07.020, 69.07.110 Exemptions 69.07.100 Food processing inspection account, deposit of moneys 69.07.120 Inspections 69.07.080 Licenses application and issuance 69.07.040 denial, suspension, or revocation 69.07.060 fee 69.07.040 renewal, additional fee 69.07.050 suspension and reinstatement 69.07.065 waiver, when 69.07.040 Permits inspection, access 69.04.370 suspension and reinstatement 69.04.360 when required 69.04.350 Rule-making authority 69.07.020 Sanitary certificates 69.07.085 Unlicensed processors unlawful to sell or distribute food from unlicensed processor 69.07.135 Violations civil and criminal penalties 69.07.150 warning notice 69.07.140 FOOD STAMPS Confidentiality 74.04.520 Crimes and penalties 9.91.140, 9.91.142, 9.91.144 Discrimination in administration of program prohibited 74.04.515 Eligibility allotments and rent or housing subsidies 74.04.750 Federal food assistance eligibility, exemption 74.08.025 Fraud recovery of payments 74.04.300 Immigrants 74.08A.120 Overpayments hearings procedure 43.20B.630 recovery of payments 74.04.300 Program, authority to establish 74.04.500 Rule-making authority 74.04.510 Simplified reporting 74.04.205 Transitional assistance 74.08A.010 Work requirements 74.08A.060 FOOD STORAGE WAREHOUSES Definitions 69.10.005 Enforcement agriculture, department director’s authority 69.10.060 civil remedies and penalties 69.10.050 compliance agreements 69.10.050 rules 69.10.055 Inspection 69.10.010, 69.10.020, 69.10.050 Licenses application, fee, and renewal 69.10.015 denial, suspension, or revocation 69.10.030 exemption 69.10.020 late renewal, fee 69.10.025 reinstatement following suspension 69.10.035 summary suspension, notification and hearing 69.10.035 unlicensed operation 69.10.040 Moneys received by department of agriculture, disposition 69.10.045 Unlicensed operation 69.10.040 FOR HIRE VEHICLES (See MOTOR VEHICLES, subtitle For hire vehicles) FORCE Use of, when lawful 9A.16.020 [RCW Index—page 304] FORCIBLE ENTRY AND DETAINER Agricultural land, holding over, effect 59.12.035 Amendment of pleadings conformance to proof 59.12.150 when allowed 59.12.160 Appeal to supreme court writ of restitution, suspension 59.12.220 Appellate review stay bond 59.12.200 stay of proceedings 59.12.210 Applicability of chapter 59.18 RCW, residential landlord-tenant act 59.18.420 Complaint content 59.12.070 service of 59.12.070 Continuance, allowance for amendment 59.12.150 Damages for, actions for recovery of possession of personal property 4.56.080 Definition 59.12.010, 59.12.020, 59.12.030 Detainer forcible, defined 59.12.020 unlawful, defined 59.12.030 Forcible entry, defined 59.12.010 Forfeiture, relief against application by tenant 59.12.190 satisfaction of conditions 59.12.190 service of notice 59.12.190 Judgment appellate review 59.12.200 default by defendant 59.12.120 execution of 59.12.170 generally 59.12.170 Jurisdiction over, superior courts 2.08.010, 59.12.050, Const. Art. 4 § 6 Jury trials, priority 59.12.130 Parties to proceedings 59.12.060 Penalty for 59.12.230 Pleadings amendment conformance to proof 59.12.150 amendments times allowed 59.12.160 answer or demurrer by defendant 59.12.121 issues of fact, determination by jury 59.12.130 proof, burden of plaintiff 59.12.140 Practice, rules of, application 59.12.180 Proof, requirement of plaintiff 59.12.140 Restitution, writ of bond for 59.12.090 bond to stay 59.12.100 inapplicability to certain residential property 59.12.091 modification of bonds 59.12.110 service of 59.12.100 suspension 59.12.220 use by plaintiff 59.12.090 Restoration of property, writ of restitution 59.12.090 Service of notice made by mail 59.12.040 proof of 59.12.040 when tenant is conducting hotel, inn, etc. 59.12.040 Summons contents 59.12.080 necessity for 59.12.070 service of 59.12.080 Trespass landlord and tenant 59.12.030 Waste, when deemed as 59.12.030 Writ of restitution service 59.18.390 FORECLOSURES Assessment liens, county road improvement districts 36.88.140 Chattel mortgages sheriff’s fee 36.18.040 Cities and towns, sewerage system liens 35.67.220, 35.67.230, 35.67.240, 35.67.250, 35.67.260, 35.67.270, 35.67.280, 35.67.290 Deeds of trust, See DEEDS OF TRUST Ejectment and quieting title actions entry, right of, mortgagee’s right to enter to obtain rents and profits 7.28.230 mortgagee’s action to recover possession 7.28.230 quieting title where foreclosure barred by statute of limitations 7.28.300 rents and profits, right of mortgagee to enter for 7.28.230 sales, mortgagee’s procedure to recover possession 7.28.230 Execution sales confirmation procedure 6.23.020 notice of, form 6.21.040 notice requirements during redemption period 6.23.030 Foreclosure of statutory liens, summary foreclosure procedure Ch. 60.10 Judgment creditor, affidavit of, prior to issuance of writ of execution 6.17.100 Liens employees, contributions to benefit plans 60.76.040 livestock, service of sires 60.52.040 orchards and orchard lands 60.16.020 Local improvement district bonds authority and conditions 35.50.030 Mortgages attorney fees, court to fix amount 4.84.020 concurrent actions 61.12.120 ejectment and quieting title actions, deemed not conveyance 7.28.230 execution sale, possession during redemption period 6.23.110 installments or interest due, payment to stay proceedings 61.12.130 judgment 61.12.060 levy for deficiency under same execution 61.12.100 order of sale 61.12.060 payment of mortgage price 61.12.060 publication of notice 61.12.100, 61.12.110 redemption rights lost where property abandoned, sheriff’s sale purchaser to take title free from redemption rights 61.12.093 rents and profits deemed real property until paid 7.28.230 right of mortgagee to enter for 7.28.230 service of process by publication, when 4.28.100 stay of proceedings 61.12.130 upset price 61.12.060 venue for 61.12.040 venue of actions concerning 4.12.010 when may proceed 61.12.040 Mortgages, See also FORECLOSURES, subtitle Chattel mortgages Orchard and orchard land liens 60.16.020 Quieting title where foreclosure barred by statute of limitations 7.28.300 Real estate contracts other remedies not limited 61.30.020 Redemption period real estate brokers listing, sales, proceeds distribution 6.23.120 Rents and profits, deemed real property until paid 7.28.230 Service of process by publication, when 4.28.100 Solid waste disposal districts 36.58.140 Statutory liens, summary foreclosure procedure Ch. 60.10 FOREIGN (See also NONRESIDENTS) Banks, See BANKS AND BANKING Corporations, See FOREIGN CORPORATIONS Insurance, See INSURANCE, subtitle Foreign insurers Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Foreign associations (2008 Ed.) FORESTS AND FOREST PRODUCTS FOREIGN BRANCH CAMPUSES (See COLLEGES AND UNIVERSITIES, subtitle Foreign branch campuses) FOREIGN CORPORATIONS (See also CORPORATIONS, subtitle Foreign corporations) Annual report filing nonprofit corporations 24.03.400 nonprofit corporation 24.03.395 nonprofit corporations biennial filing may be authorized 24.03.395 Attachment against bond unnecessary, when 6.25.080 ground for 6.25.030 Biennial report filing nonprofit corporation 24.03.400 nonprofit corporations may be authorized in place of annual report 24.03.395 Certificate of authority amendment nonprofit corporation 24.03.365 application, contents nonprofit corporation 24.03.325 nonprofit corporation 24.03.305 nonprofit miscellaneous and mutual corporations revocation of 24.06.425 Certificate of good standing nonprofit corporation 24.03.330 Certificate of revocation issuance nonprofit corporations 24.03.385 nonprofit miscellaneous and mutual corporations issuance, effect 24.06.430 Conditions, favoritism prohibited Const. Art. 12 §7 Dismissal for failure to give security for costs 4.84.230 Favoritism prohibited Const. Art. 12 § 7 Merger nonprofit organization 24.03.360 Merger, consolidation, or exchange with domestic nonprofit corporation 24.03.207 Merger, exchange, consolidation domestic corporations nonprofit miscellaneous and mutual corporations 24.06.233 Name change of nonprofit corporations 24.03.320 fictitious name, use of nonprofit corporations 24.03.315 reservation of nonprofit corporation 24.03.046 Nonprofit miscellaneous and mutual corporations certificate of authority 24.06.360, 24.06.435 revocation of 24.06.425 certificate of revocation issuance, effect 24.06.430 name 24.06.045, 24.06.350 change of 24.06.355 registered agent consent required 24.06.050 reinstatement, application for 24.06.433 service of process and papers secretary of state 24.06.395 withdrawal, revenue clearance 24.06.415 Powers nonprofit corporations 24.03.310 Registered office, agent change of nonprofit corporation 24.03.345 required nonprofit corporations 24.03.340 Security for costs bond in lieu of separate security for costs 4.84.220 dismissal for failure to give 4.84.230 (2008 Ed.) judgment on 4.84.240 required 4.84.210 standing bond for numerous actions 4.84.220 Service of process and papers on personal service 4.28.080 publication, by 4.28.100 Service of summons on personal service 4.28.080 publication, by 4.28.100 Service on nonprofit corporations 24.03.350 Withdrawal application for nonprofit corporations 24.03.375 revenue clearance nonprofit miscellaneous and mutual corporations 24.06.415 FOREIGN JUDGMENTS (See also UNIFORM FOREIGN MONEY— JUDGMENT RECOGNITION ACT) Debt defenses available against 5.44.030 evidence, as, faith accorded to 5.44.020 Domestic violence foreign protection order full faith and credit act Ch. 26.52 Enforcement of, uniform act appeal from, effect of 6.36.045 construction 6.36.900 costs 6.36.140 definitions 6.36.010 filing of affidavit of last address of judgment debtor, creditor 6.36.035 authorized, effect 6.36.025 notice, contents 6.36.035 interest 6.36.140 judgment creditor, former rights preserved 6.36.160 sale under levy 6.36.130 satisfaction of judgments, effect 6.36.150 stay of execution grounds for 6.36.045 FOREIGN LAWS Judicial notice of, uniform law 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 Pleadings, necessity of 5.24.040 Printed copies as evidence 5.44.050 Statute of limitation of action, application to nonresidents 4.16.290 FOREIGN MONEY CLAIMS Assertion of claim 6.44.060 Contract claims determination of amount of money to be paid 6.44.050 Defense of claims 6.44.060 Definitions 6.44.010 Distribution proceedings conversion of foreign money in 6.44.080 Effect of chapter, variation by agreement 6.44.030 General principals of law supplementary to provisions of chapter 6.44.130 Interest prejudgment and judgment interest 6.44.090 Judgment and award on claims form and requirements 6.44.070 Judgments enforcement of 6.44.100 Proper money of the claim determination of 6.44.040 Revaluation of currency, effect of 6.44.120 Scope of chapter 6.44.020 Short title of chapter 6.44.901 Uniformity in application and construction of chapter 6.44.140 United States dollar value of claim determination for purpose of facilitating enforcement of provisional remedies 6.44.110 FOREIGN OR INTERNATIONAL BANKING INSTITUTIONS Banks and trust companies investments in capital stock and surplus, authorized 30.04.380 investments in stock or ownership, authorized 30.04.390 Trust companies and banks investments in capital stock and surplus, authorized 30.04.380 investments in stock and ownership, authorized 30.04.390 FOREIGN TRADE (See also COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF, subtitle Promotion of overseas trade and commerce) Trade representative, office of Washington state, purpose and authority Ch. 43.332 FOREIGN TRADE ZONES (See also TRADE ZONES) Application for permission to establish, operate and maintain 24.46.020 cities and towns 35.21.805 counties 36.01.125 Cities and towns legislative finding and intent 35.21.800 Legislative finding and intent 24.46.010 counties 36.01.120 FOREIGN WILLS Admission to probate, proof 11.20.090 Laws applicable to 11.20.100 FORENSIC INVESTIGATIONS COUNCIL Definitions 43.103.020 Meetings 43.103.070 Members appointment 43.103.040 qualifications 43.103.060 terms and vacancies 43.103.050 travel expenses 43.103.080 Missing persons protocols, training 43.103.110 Powers 43.103.090 Powers and duties 43.103.030 Sudden, unexplained infant death training program 43.103.100 FORENSIC LABORATORY SERVICES, BUREAU OF (See STATE PATROL) FORENSIC PATHOLOGY State toxicological laboratory, establishment and duties 68.50.107 FOREST PRACTICES ACT (See FORESTS AND FOREST PRODUCTS, subtitle Forest practices) FOREST PRODUCTS, CENTER FOR INTERNATIONAL TRADE IN (See FORESTS AND FOREST PRODUCTS, subtitle Center for international trade in forest products) FOREST PRODUCTS INDUSTRY RECOVERY ACT (See FORESTS AND FOREST PRODUCTS) FOREST PRODUCTS TAXATION (See TAXES - PROPERTY) FOREST PROTECTION (See FORESTS AND FOREST PRODUCTS, subtitle Forest protection) FOREST RESERVE FUNDS (See COUNTIES, subtitle Funds, forest reserve funds) FORESTS AND FOREST PRODUCTS (See also TIMBER) Access roads, public lands Ch. 79.38 Access roads, See PUBLIC LANDS, subtitle Access roads Adverse possession of forest lands 7.28.085 Brands and marks application of chapter to eastern Washington 76.36.140 [RCW Index—page 305] FORESTS AND FOREST PRODUCTS catch brands 76.36.090 crimes relating to brand or mark on another’s products or equipment 76.36.110 buying products or equipment with another’s brand or mark 76.36.120 destroying or defacing brand or mark 76.36.120 false or forged mark 76.36.110 forging or counterfeiting brand or mark 76.36.120 possession of branded products belonging to another 76.36.110 preventing owner from searching premises for products or equipment 76.36.110 selling products or equipment with another’s brand or mark 76.36.120 definitions 76.36.010 forest products to be marked or branded 76.36.020 general fund, deposit of fees in 76.36.160 impression of mark presumes ownership 76.36.060 presumption of ownership 76.36.060 registration of cancellation 76.36.070 fees 76.36.035 penalty 76.36.035 procedure 76.36.035 renewal 76.36.035 right of entry to retake branded products 76.36.100 sufficiency of brand or mark 76.36.130 Burning permits abating forest fire hazards 70.94.690, 70.94.700 abating forest fire hazards, management of ecosystems, instruction or silvicultural operations 70.94.670 abating forest fire hazards, management of ecosystems or silvicultural operations issuance and fees 70.94.660 fire protection districts 52.12.101 Cascara bark specialized forest products, enforcement Ch. 76.48 Center for international trade in forest products created 76.56.010 director, appointment of 76.56.030 duties 76.56.020 funding sources 76.56.050 report to governor and legislature 76.56.050 programs, research, advisory services, use of fee schedule 76.56.040 Christmas trees specialized forest products, enforcement Ch. 76.48 Community and urban forestry authority 76.15.020 definitions 76.15.010 department responsibility 76.15.040 evergreen communities act Ch. 35.105 evergreen community design 76.15.090 funding administration 76.15.030 legislative finding 76.15.005 prioritized statewide inventory 76.15.070 purpose 76.15.007 technical advisory committee 76.15.080 urban tree planting agreements for 76.15.060 encouraged 76.15.050 Cooperative forest management services act management services extension of to adjacent or nearby private lands 76.52.030 furnished to private landowners, authorized 76.52.020 moneys received from private landowners, disposition 76.52.040 reports, biennial, to legislature 76.52.040 short title 76.52.010 Counterfeiting brands and marks 76.36.120 [RCW Index—page 306] County forest lands, conveyance to United States 36.34.210 Crimes relating to brands and marks, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks failing to brand or mark products or equipment 76.36.110 forest practices 76.09.190 Cutting practices, See FORESTS AND FOREST PRODUCTS, subtitle Forest practices Disease and insect pests comprehensive forest health program 76.06.030 Diseases and insect pests administration 76.06.030 definitions 76.06.020 exotic forest insect or disease control authority, declaration of emergence 76.06.130 forest health problems chapter subject to provisions 76.06.190 findings 76.06.140 hazard warning 76.06.180 lead agency designation, report 76.06.150 technical advisory committee 76.06.170 tiered system 76.06.160 owners of timber lands maintenance of forest lands 76.06.040 public nuisance, declared to be 76.06.010 Environmental and forest restoration definitions 43.21J.010 environmental enhancement and job creation task force 43.21J.030 intent and purpose 43.21J.010 legislative findings 43.21J.005 program implementation evaluation, legislative audit and review committee report 43.21J.800 project proposals award of funds 43.21J.040 evaluation criteria 43.21J.040 training or employment eligibility, job status, and compensation 43.21J.050 unemployment compensation benefits for trainees 43.21J.060, 43.21J.070 Evergreen communities act Ch. 35.105 Federal forests, See FORESTS AND FOREST PRODUCTS, subtitle National forests Fire production negligent starting of fires, liability 76.04.495 Fire protection allowing extreme fire hazard, liability 76.04.495 arrests without warrants 76.04.065 blasting fuse, use of 76.04.246 burning permits 76.04.205 abating forest fire hazards 70.94.660, 70.94.690, 70.94.700 abating forest fire hazards, management of ecosystems, instruction or silvicultural operations 70.94.670 exemptions for forest lands 52.12.101 campfires, failure to extinguish 76.04.700 closure of fire hazard areas 76.04.305, 76.04.325 contracts for protection and development 76.04.105, 76.04.115, 76.04.125 cooperative agreements, public agencies 76.04.135 cooperative protection 76.04.095 coordinated forest fire protection and suppression 76.04.167 definitions 76.04.005 department powers and duties 76.04.015 deposit of fire or live coals during closed season 76.04.435 disposal of forest debris, clearing roads 76.04.650 federal funds 76.04.025 felling trees on another’s land, permission to 76.04.650 fire fighting, employment, assistance 76.04.155 fire hazards, additional, extreme 76.04.660 fire prevention and suppression duties owed to public in general 76.04.016 forest fire advisory board 76.04.145 forest fire protection assessments 76.04.610, 76.04.630 interstate forest fire suppression compact 72.64.150, 72.64.160 investigations 76.04.015 landowner contingency forest fire suppression account 76.04.630 lighted material, smoking, ashtrays, notices 76.04.455 logging operations, shutting down 76.04.325 mill waste, forest debris, dumping prohibited 76.04.235 mill wood waste, spark arresters 76.04.215 negligent spreading of fire 76.04.730 notices, removal of 76.04.720 owners to protect forests 76.04.600 private fire suppression equipment comparison of costs 76.04.175 requirement to use equipment from lowest responsible bidder 76.04.177 rangers, ex officio rangers 76.04.045 reckless burning 76.04.710, 76.04.740 reports of fire 76.04.445 rule violations, penalties 76.04.075, 76.04.085 sealed fire tool box, unauthorized entry 76.04.425 service of notices 76.04.055 slash burns, escaped 76.04.486 snags, certain, to be felled 76.04.465 spark-emitting equipment regulated 76.04.405 state appropriations, recovery from landowner contingency fire suppression account 76.04.620 suppression reimbursement for costs 76.04.475 suspension of burning permits or privileges 76.04.315 uncontrolled fire, public nuisance 76.04.750 violations, work stoppage 76.04.415 wardens 76.04.035 willful setting of fires 76.04.710 Fire protection districts, forest protection assessments on unimproved lands 52.16.170 Firewood, cutting, gathering and removing of by private persons for personal use administrative fee, authorized 4.24.210 limitation on liability of owners 4.24.210 Fireworks, permit for setting off 70.77.495 Forest management services See FORESTS AND FOREST PRODUCTS, subtitle Cooperative forest management service act Forest practices actions required by order or decision, costs, lien, owner’s liability 76.09.120 air pollution laws not modified 76.09.905 applications fees 76.09.065 form, contents, and procedures 76.09.060 habitat incentives program, effect 76.09.063 perpetual timber rights, statements of intent for use 76.09.067 classes of forest practices applications, approval or disapproval 76.09.050 rules establishing 76.09.050 compliance with federal water pollution control act 90.48.425 conversion to nonforestry use 76.09.460, 76.09.470 definitions 76.09.020 earth movements advisory committee 76.09.305 program 76.09.300, 76.09.310, 76.09.315, 76.09.320 ecology department, jurisdiction and enforcement 90.48.420 (2008 Ed.) FORESTS AND FOREST PRODUCTS enforcement 76.09.140 environmental impact statements, exemptions 43.21C.037 exemptions from rules and policies 76.09.340 fees establishment and collection 76.09.040, 76.09.065 final orders, final decisions, binding upon all parties 76.09.110 forest and fish report 76.09.370 forest and fish support account 76.09.405 forest practices appeals board appeal procedure 76.09.230 created 76.09.210 mediation 76.09.230 membership 76.09.210 organization and operation 76.09.220 powers and duties 76.09.220 removal 76.09.210 terms 76.09.210 vacancies 76.09.210 forest practices board meetings 76.09.030 membership, compensation and travel expenses 76.09.030 orientation and training, continuing program, establishment of policy 76.09.250 staff 76.09.030 terms and vacancies 76.09.030 forests and fish account 76.09.400 grants, gifts, acceptance, administration 76.09.260 habitat incentives program, effect on permit applications 76.09.063 inspections, right of entry 76.09.150 interagency cooperation 76.09.260 landscape management plans pilot projects 76.09.350 lawsuits, protection from legislative finding and purpose 7.48.300 local political subdivisions or regional entities, restrictions and exceptions 76.09.240 log and debris jams, removal from streams 76.09.280 notice of failure to comply appeals 76.09.090 contents 76.09.090 final order 76.09.090 hearing 76.09.090 procedures 76.09.090 notifications 76.09.060 nuisance lawsuit protection forest practice, defined 7.48.310 nuisance lawsuits protection presumption of reasonableness 7.48.305 orientation and training, continuing program, establishment of policy 76.09.250 penalties, disposition of moneys 76.09.180 permits single multiyear permit 76.09.360 perpetual timber rights, statements of intent for use 76.09.067 prior permits, extensions 76.09.920 reforestation obligation 76.09.070 reforestation requirements 76.09.060 regulation and enforcement 90.48.420 research needs, annual determination, recommendations 76.09.270 resource management plans 76.09.040 right of entry by department of ecology 76.09.160 riparian and upland areas left unharvested for benefit of public resources landowner immunity from civil liability for damages resulting from trees being left 76.09.330 legislative findings 76.09.330 road maintenance and abandonment plans 76.09.410, 76.09.420, 76.09.430 rules administration, enforcement 76.09.040 (2008 Ed.) emergency rule making 34.05.090, 76.09.055 hearings 76.09.040 sale of land or timber rights with continuing obligations, conditions 76.09.390 sale or transfer of land notifications 76.09.070 salmon recovery federal assurances 77.85.190 implementation Ch. 76.09 shoreline management act, hydraulics act, other statutes and ordinances not modified 76.09.910 state’s interests, represented by department of natural resources 76.09.260 stop work orders appeals 76.09.080 contents 76.09.080 failure to comply costs, liability of operator, owner 76.09.130 departmental action authorized 76.09.130 grounds 76.09.080 procedure 76.09.080 streamside vegetation liability limited 76.09.330 unharvested riparian and upland areas for benefit of public resources landowner immunity from civil liability for damages resulting from trees being left 76.09.330 legislative findings 76.09.330 violations additional penalties 76.09.190 appeals 76.09.170 liens 76.09.170 penalties 76.09.170 additional 76.09.190 remission or mitigation 76.09.170 water quality protection department of ecology, responsibility, jurisdiction 76.09.100 Forest products growth management 36.70A.570 Forest products commission assessment, personal debt 15.100.140 assessment for funding 15.100.110 definitions 15.100.020 deposit of moneys 15.100.130 election of members, initial meeting 15.100.040 enforcement of chapter 15.100.150 establishment 15.100.120 forming a commission, cost reimbursement 15.100.043 membership 15.100.030 obligations and liabilities 15.100.070 powers and duties 15.100.080 research, promotional, and educational campaigns 15.100.090 rules, meetings 15.100.050 superior courts, jurisdiction 15.100.160 vacancies, compensation 15.100.060 Washington producers, list 15.100.100 Forest products workers, dislocated higher education program, tuition and fee waiver 28B.50.259 Forest products workers, program for dislocated workers employment opportunities and enrollee benefits 50.70.030 employment security department duties 50.70.040 natural resources department duties 50.70.050 Forest protection fire protection districts, separation of land 52.20.027 fireworks for 70.77.530 Forest resources institute Ch. 76.44 Funds common school construction fund, source of 28A.515.320 General fund brand and mark registration fees deposited in 76.36.160 Habitat conservation exemptions from forest practices act 76.09.340 Habitat incentives program agreements with private landowners, effect on forest practices permit applications 76.09.063 Hardwoods commission, See HARDWOODS COMMISSION Insect pests, See FORESTS AND FOREST PRODUCTS, subtitle Diseases and insect pests Insect pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Institute of forest resources Ch. 76.44 Landscape management plans pilot projects 76.09.350 Measurement, crimes false measurement 9.45.124 inaccurate measure 9.45.124 inducing false measure 9.45.126 Minimum wage law, effect 49.46.010 Motor vehicles gross weight fees, excluded from farm vehicle lower rate 46.16.090 National forests civil and criminal jurisdiction of state preserved 37.08.220 consent of state to acquisition of land by United States 37.08.220 taxation, jurisdiction of state as to 37.08.220 Outdoor recreational use, limitation on liability of landowner when open to public without fee 4.24.200, 4.24.210 Permits single multiyear permit 76.09.360 Pests, See FORESTS AND FOREST PRODUCTS, subtitle Diseases and insect pests Railroads, See FORESTS AND FOREST PRODUCTS, subtitle Fire protection Recreational use lands, limitation on liability when open to public 4.24.200 Recreational woodcutting use lands, limitation on liability when open to public 4.24.210 Reforestation community and urban forestry Ch. 76.15 inspection of deforested land 76.09.290 taxation by yield tax or ad valorem tax Const. Art. 7 § 1 Rehabilitation of forests access roads, acquisition of 76.14.050 administration 76.14.030 definitions 76.14.010 duties 76.14.040 fire protection projects assessments 76.14.080 collection of assessments 76.14.100 credit on assessments for private expenditures 76.14.110 hearings 76.14.090 landowner’s responsibility under other laws 76.14.120 lands not included 76.14.130 notice 76.14.090 payment of assessments 76.14.080 firebreaks establishment authorized 76.14.050 pre-existing agreements not affected by 1975 act 76.14.051 snag and slash removal 76.14.060, 76.14.070 yacolt burn designated rehabilitation areas 76.14.020 Riparian buffers 76.13.130 Riparian easement program 76.13.120 Riparian open space program 76.09.040 Roads county maintenance 36.82.140 Roads, See also PUBLIC LANDS, subtitle Access roads Rural natural resources impact areas [RCW Index—page 307] FORFEITURE OF OFFICE community economic revitalization board Ch. 43.160 employment opportunities and enrollee benefits 50.70.030 employment security department duties 50.70.040 natural resources department duties 50.70.050 Silvicultural forest burning program to reduce statewide emissions, objectives and exemption 70.94.665 Small forest landowner office duties 76.13.120 Small forest landowners alternate plan processes/harvest restrictions 76.09.368 conversion to nonforestry use 76.09.460, 76.09.470 definition 76.09.450 fish passage barriers 76.09.440, 76.13.150 office, duties 76.13.110 qualifying, review of records 76.13.160 road maintenance and abandonment plans 76.09.410, 76.09.420, 76.09.430 value of buffer trees 76.13.140 Small parcels, riparian buffers 76.13.130 Specialized forest products authorization contents 76.48.080 bill of lading, requirement, when 76.48.080 cascara bark, transportation or possession without permit unlawful 76.48.070 cedar products, cedar salvage, processed cedar products, transportation or possession without permit unlawful 76.48.070 Christmas trees, transportation or possession without permit unlawful 76.48.070 county sheriff, duties 76.48.040 declaration of public interest 76.48.010 definitions 76.48.020 disposition of fines 76.48.140 enforcement 76.48.040 evergreen foliage, cut or picked, transportation or possession without permit unlawful 76.48.070 exemptions 76.48.100 false, fraudulent, stolen or forged permit, sales slip or bill of lading 76.48.120 fines, disposition of 76.48.140 huckleberries, sale of 76.48.210 interstate transportation 76.48.075 minority groups, assistance and training 76.48.200 native ornamental trees and shrubs, transportation or possession without permit unlawful 76.48.070 penalties, affirmative defense 76.48.130 permit contents 76.48.050 expiration 76.48.050 false, fraudulent, stolen or forged 76.48.120 filing 76.48.060 form 76.48.060 required 76.48.060 validation 76.48.062 purchasers records, availability 76.48.086 records requirements 76.48.085 purchases, possession, unlawful, when 76.48.096 records of purchase, possession, or retention processors, cedar or specialty wood 76.48.094 registration certificate, display required 76.48.098 sales limitations 76.48.098 sales slip, necessity for 76.48.080 seizure and disposition of authorized 76.48.110 disposition of proceeds, county fund 76.48.110 transporting or possessing requirements 76.48.070 unlawful acts 76.48.030 [RCW Index—page 308] unlawful procedures 76.48.096 violations 76.48.110 State forest lands, See PUBLIC LANDS, subtitle Forest lands, state - acquisition, management and disposition Stewardship of nonindustrial forests and woodlands definitions 76.13.010 department of natural resources authority 76.13.020 funding, authority to receive and disburse funds 76.13.030 legislative finding 76.13.005 purpose 76.13.007 Taxation forest products, See TAXES - PROPERTY reforestation Const. Art. 7 § 1 Taxation of reforestation lands, See FORESTS AND FOREST PRODUCTS, subtitle Reforestation Timber harvest excise tax agreements 43.06.475, 43.06.480 Timber impact areas basic health plan, enrollment of persons in areas 70.47.115 supplemental additional benefits, eligibility 50.22.105 Timber on public lands, See PUBLIC LANDS, subtitle Forest lands, state Tree spiking 9.91.150, 9.91.155 Urban forest management evergreen communities act Ch. 35.105 Yacolt burn designated rehabilitation area 76.14.020 Yield tax, See FORESTS AND FOREST PRODUCTS, subtitle Reforestation FORFEITURE OF OFFICE Cities and towns, council 35.18.150 Competitive bidding requirement violations, municipal officers 39.30.020 Conviction of felony or malfeasance forfeits office and disqualifies holding of public office 9.92.120 Counties, fees of county officers, penalty 36.18.180 Judicial officers, absence from state Const. Art. 4 §8 Misappropriation of public funds 4.16.080 Proceedings preserved 42.04.040 Recall, See ELECTIONS, subtitle Recall Vital statistics, local registrars 70.58.020 FORFEITURES (See also FORFEITURE OF OFFICE) Alcoholic beverages 66.32.040, 66.32.070, 66.32.080 Bail action by prosecuting attorney 10.19.110 judgment against principal and sureties, execution 10.19.090, 10.19.105 stay of execution of forfeiture judgment, bond 10.19.100 vacation of forfeiture judgment if person produced 10.19.105 Collusion, payment by does not bar subsequent recovery 4.24.170 Conviction of crime does not work forfeiture of property 9.92.110, Const. Art. 1 § 15 Conviction of felony forfeits public office 9.92.120 Corporate franchises combinations in restraint of trade Const. Art. 3 § 11 no remission Const. Art. 12 § 3 Disposition of police pension fund 41.20.130 to school fund 4.24.180 to state treasurer 4.24.180 Driving under the influence forfeiture and seizure of vehicle 46.61.5058 Explosives 70.74.400 Felonies seizure and forfeiture of personal property involved in a felony application of chapter 10.105.900 disposition of forfeited property and proceeds from sale of forfeited property 10.105.010 procedure 10.105.010 property subject to seizure and forfeiture 10.105.010 Felonies, seizure and forfeiture of property involved in a felony legislative finding 7.68.300 measures to defeat purposes of act are invalid 7.68.340 procedure 7.68.320 proceeds, distribution of 7.68.330 property subject to 7.68.310 provisions of act are supplemental and do not limit other rights and remedies 7.68.340 Ferries, privately owned failure to perform ferriage duties 36.53.070 illegal ferriage rates 36.53.080 Firearms 9.41.098 Fish and wildlife violations Ch. 77.15 Forcible entry and detainer proceedings, relief of tenant against 59.12.190 Franchises for combination in restraint of trade Const. Art. 12 § 22 no remission Const. Art. 12 § 3 Franchises, See also FORFEITURES, subtitle Corporate franchises Gambling devices and real and personal property 9.46.231 Governor’s power to remit Const. Art. 3 § 11 report to legislature Const. Art. 3 § 11 Limitation of actions, personal disability of plaintiff does not toll statute 4.16.190 Money laundering proceeds and property, seizure and forfeiture of 9A.83.030 Moral nuisance, personal property 7.48.090 Personal property, recovery after forfeiture, venue of action for 4.24.180 Police relief and pension fund, payment of fines and forfeitures into 41.20.130 Port district contract sales, forfeiture under 53.08.091 Public corporations may sue for in corporate name 4.08.110 Public office, See FORFEITURE OF OFFICE Quo warranto proceedings action to recover property 7.56.120 annulment or vacation of patent, certificate or deed because of forfeiture 7.56.140, 7.56.150 ground for information, when 7.56.010 judgments of forfeiture 7.56.100 legal title deemed in state 7.56.120 Real estate contracts acceleration of payments 61.30.090 action to set aside 61.30.140 award of fees or costs, or conditions 61.30.130 conditions 61.30.030 cure of default 61.30.090 definitions 61.30.010 effect of forfeiture 61.30.100 expiration of judicial order 61.30.130 false swearing, penalty, liability 61.30.150 notice requirements 61.30.020, 61.30.040, 61.30.050, 61.30.060, 61.30.070, 61.30.080 other remedies not limited 61.30.020 priority of actions 61.30.160 restrained or enjoined 61.30.110 sale in lieu of 61.30.120 Real property recovery after forfeitures, venue of action for 4.24.180 Recovery of, action for 4.24.150 Remission power of governor, report to legislature Const. Art. 3 § 11 (2008 Ed.) FOSTER HOMES special law providing for, prohibited Const. Art. 2 § 28 Sexually explicit conduct, photographs of minors, other materials 9.68A.120 State lands, See also FORFEITURES, subtitle Public lands Statutory limitation of actions, forfeitures to the state 4.16.100 special law providing for remission, prohibited Const. Art. 2 § 28 venue for recovery 4.12.020 FORGERY Indictment or information as to, description of instrument which was subject of forgery when destroyed or withheld by defendant 10.37.080 Insurance against, See INSURANCE, subtitle Casualty insurance Motor vehicle financial responsibility law, forgery of required proof of financial responsibility 46.29.620 Motor vehicles certificate of license registration, alteration or forgery of, penalty 46.12.220 certificate of ownership, alteration of forgery of, penalty 46.12.220 Petitions, misconduct concerning 9.44.080 Stock subscription, penalty 9.24.010, 9.24.020 FORMA PAUPERIS Habeas corpus 7.36.250 Superior courts, transcript of testimony for pauper 2.32.240 Transcripts, affidavit of inability to pay for 2.32.240 FORMER ACQUITTAL OR CONVICTION (See CRIMINAL PROCEDURE, subtitle Former acquittal or conviction) FORMS Chattel liens, See LIENS, subtitle Chattel liens Counties, official newspaper, blank forms for public 36.72.080, 36.72.090 Deeds of trust master form provisions, recording 65.08.160 recording instruments containing master form provisions by reference 65.08.160 District judges attachments 12.04.205 Insurance, See INSURANCE, subtitle Forms Master form, deeds of trust or mortgage provisions, recording, recording by reference to 65.08.160 Mortgages 61.12.020 master form provisions, recording by reference to 65.08.160 recording instruments incorporating master form provisions by reference 65.08.160 Official bonds 42.08.060 Registration of land titles application 65.12.035 certificate of title 65.12.255 certificate of withdrawal 65.12.235 summons 65.12.125 withdrawal from registration 65.12.230 Service of process, summons 4.28.110 Vital statistics, supply of forms by registrar 70.58.030 Warrant of arrest, coroner’s 36.24.110 FORTS (See UNITED STATES, subtitle Forts) FOSSILS State fossil 1.20.042 FOSTER CARE Blood-borne pathogens infant testing 74.13.287, 74.13.288, 74.13.289 Child care for parents attending meetings or trainings 74.13.315 Child fatality review, notice 74.13.640 Citizen review board system (2008 Ed.) administrative procedures and standards, exemption from 13.70.003 appointments to boards, guidelines 13.70.040 case review dependent children, procedure 13.70.110 participation of caretaker agency, employee duties 13.70.080 voluntary placements and placements without dependency petition, procedure 13.70.100 composition of board 13.70.030 confidentiality, members’ oath, penalties for violation of confidence 13.70.060 confidentiality, participants’ oath, limits on disclosure 13.70.090 conflicts of interest, disclosure by and removal from participation of member 13.70.090 court review of cases subject to review by board, frequency 13.70.140 definitions 13.70.010 funds, authority to apply for and use public and private funds 13.70.130 immunity from civil liability, board members 13.70.090 Indian children, local Indian child welfare advisory committee may serve as board 13.70.150 legislative findings and purpose 13.70.003 officers, selection 13.70.040 permanency planning hearings 13.70.140 quorum of board 13.70.030 recordkeeping requirements 13.70.090 records, board access to 13.70.070 supreme court, duties and rule making authority 13.70.020 terms of appointment 13.70.040 training requirement for board members 13.70.050 vacancies in office 13.70.040 Dependency hearings foster parent or relative care provider attendance 13.34.110 Education plans, short-term care 28A.300.800, 28A.630.005 Evaluation to identify children with long-term needs 74.14A.050 Family decision meetings 74.13.630 Family preservation services appropriations transfer from foster care services, report 74.14C.070 availability to eligible families 74.14C.005 caseworkers training requirements 74.14C.020 contracts to provide services 74.14C.032 definitions 74.14C.010 eligibility criteria 74.14C.042 federal funds 74.14C.065 funds 74.14C.060 implementation and evaluation plan 74.14C.050 intensive services, eligibility criteria 74.14C.040 referrals and services, reporting requirements 74.14C.090 services provided 74.14C.020 social and health services department duties 74.14C.030 training and consultation for personnel, judges, and providers 74.14C.100 volunteer services 74.14C.060 Foster parent liaisons 74.13.340 Higher education foster care endowed scholarship program Ch. 28B.116 passport to college promise program Ch. 28B.117 Home recruitment program 74.13.325 Identicards for foster youth 74.13.283 Independent living services 74.13.540 Indian child welfare payment requirements 74.13.080 tribal authority to license agencies 74.15.190 Indian children 13.34.245 Information sharing with care provider conditions and limitations 74.13.280 passports, contents 74.13.285 Intensive resource home pilot 74.13.800 Interstate compact on placement 26.34.010 Legislative children’s oversight committee, membership and duties 44.04.220 Liability insurance for foster parents secretary of social and health services to provide 74.14B.080 Liability of foster parents for care and supervision of foster children in actions commenced by foster children or their parents against foster parents 4.24.590 Out-of-home care conflict of interest 74.13.530 reporting requirements 74.14C.080 Parents attorney general to provide defense 4.92.060, 4.92.070 critical support and retention program 74.13.650, 74.13.660 preservice training 74.13.250 proposed placement changes, to receive notice of conditions and limitations 74.13.300 respite care for 74.13.270 responsibilities of 74.13.330 rights 74.13.332, 74.13.333, 74.13.334 training 74.13.310, 74.14B.020 Park passes, eligibility 79A.05.065 Passport to college program Ch. 28B.117 Placements educational continuity 74.13.550, 74.13.560, 74.13.570, 74.13.580 fewest possible placements to be made 74.13.290 foster parent contact with birth parents 13.34.260 kinship caregivers 74.13.600, 74.13.621 parental preferences 13.34.260 parental preferences to be followed absent good cause to do otherwise 13.32A.210 Property damage, reimbursement 74.13.335 SEED act, individual development accounts account 43.31.470 definitions 43.31.455 findings 43.31.450 foster youth program 43.31.465 program, rules 43.31.460 Sexually and physically reactive children care provider immunity 74.13.670 State additional funds, purposes 43.31.475 report 43.31.480 short title 43.31.485 FOSTER HOMES Abuse, investigation prior to licensure or relicensure 74.15.030 Complaint resolution process 74.13.045 Defined 74.15.020 Department of social and health services duties 74.13.031 Duration of care limitations 74.13.055 Indian child welfare purchase of care 74.13.031 Inspections 74.15.040 Investigate for abuse prior to licensure or relicensure 74.15.030 Liability insurance for foster parents secretary of social and health services to provide 74.14B.080 Liability of foster parents for care and supervision of foster children in actions commenced by foster children or their parents against foster parents 4.24.590 Licenses application 74.15.100 renewal, application date 74.15.110 suspension for noncompliance with support order 74.15.134 [RCW Index—page 309] FOWL Licensing 74.15.040 On-site monitoring program 74.13.260 Out-of-home care social study, contents 74.13.065 Recruitment homes for special needs children 74.13.320 Semi-secure facility, designation as, authorized 74.15.180 FOWL (See BIRDS; POULTRY) FRANCHISE INVESTMENT PROTECTION Administrative procedure act, applicability 19.100.260 Administrator of securities, appointment and powers 19.100.270 Advertisements copy to be filed with director 19.100.100 false or misleading, hearing, notice, procedure 19.100.110 Application of chapter 19.100.160 Cease and desist orders 19.100.248 Definitions 19.100.010 Escrow or impoundment of franchise fees as registration condition 19.100.050 Fees 19.100.240 Filings, registration, or finding of director, construction 19.100.090 Financial institutions, department director’s authority 19.100.250 Franchise brokers recordkeeping requirements 19.100.150 registration denial, suspension, or revocation 19.100.252 registration required 19.100.140 reporting requirements 19.100.150 Investigations 19.100.245 Limitation of actions 19.100.200 Negotiated settlement, associated release or waiver permitted 19.100.220 Offering circular delivery of circular and amendments required 19.100.080 Prohibited acts 19.100.020 Registration application, contents and filing 19.100.040 duration, renewal, amendment 19.100.070 escrow or impoundment of fee as registration condition 19.100.050 exceptions or exemptions, burden of proof 19.100.220 exemption, denial, suspension, or revocation 19.100.255 exemptions 19.100.030 fee 19.100.240 Registration statement effective, when 19.100.060 stop order 19.100.120, 19.100.130 Relation between franchisor and franchisee, rights and prohibitions 19.100.180 Sell or offer to sell unlawful if franchise unregistered or not exempt 19.100.020 Service of process 19.100.160 Suits for damages 19.100.190 Terms and conditions negotiations initiated by franchisee 19.100.184 Unfair or deceptive acts 19.100.190 Violations civil and criminal penalties 19.100.210 injunctions 19.100.210 referral of evidence 19.100.230 unlawful acts 19.100.170 Waivers of compliance void 19.100.220 FRANCHISES Alienation or lease not to relieve liability Const. Art. 12 § 8 Bridges, franchises across 47.44.040 Certain companies, labor liens from Ch. 60.32 Cities ordinances granting 35.23.251 Cities and towns [RCW Index—page 310] bridges jointly owned or operated with state 47.44.040 city streets as part of state highway, franchises on 47.24.020 limited access facilities 47.52.090 disincorporation, impairment of 35.07.100 drawbridges, to construct authority to grant 35.74.010 prerequisites to grant 35.74.060 erecting and charging toll on drawbridges 35.74.010 metropolitan municipal corporations, exercise of power without 35.58.330 ordinances granting 35.27.330 public service businesses, granting by annexing area 35.13.280 streets and sidewalks electrical franchises 80.32.010 ordinances for use and occupancy 35.27.370 Corporate alienation or lease not to relieve liability Const. Art. 12 § 8 creation by special act forbidden Const. Art. 12 § 1 extension by legislature prohibited Const. Art. 12 § 3 forfeiture not to be remitted Const. Art. 12 § 3 unlawful combinations Const. Art. 12 § 22 invalid if unorganized Const. Art. 12 § 2 irrevocable grant prohibited Const. Art. 1 § 8 liability not relieved by lease, etc. Const. Art. 12 § 8 subject to eminent domain Const. Art. 12 § 10 County bridges generally 36.55.030, 36.55.040, 36.55.050, 36.55.060 jointly owned or operated with state 47.44.040 County ferries, receiving federal financial aid, transportation department approval 47.04.140 County roads electric franchises and rights of way on 80.32.010 generally 36.55.010, 36.55.020, 36.55.070, 36.55.080 limited access facility or joint governmental facility 47.52.090 pipelines, authority 36.55.010 railways, authority 36.55.020 records of 36.55.080 tramroads, authority 36.55.020 validation 36.55.070 wirelines, authority 36.55.010 Declaratory judgments 7.24.020 Electrical franchises and rights of way on county roads and city streets 80.32.010 Eminent domain, subject to Const. Art. 12 § 10 Escrow agent registration act violations, forfeiture of corporate franchise limited access facilities 47.52.090 Forfeiture combinations in restraint of trade Const. Art. 12 § 22 Forfeiture, See also FORFEITURES Franchise investment protection Ch. 19.100 Highways, See HIGHWAYS, subtitle Franchises on state highways Irrevocable grant prohibited Const. Art. 1 § 8 Labor liens on franchises of certain companies Ch. 60.32 Liability not relieved by lease, etc. Const. Art. 12 §8 Liens, See LIENS, subtitle Franchises, earnings, property of certain companies, laborers’ lien on Motor vehicle dealers, See MOTOR VEHICLES, subtitle Dealer’s, salesmen’s, or manufacturer’s licenses Municipal corporations bridges jointly owned or operated with state 47.44.040 limited access facilities 47.52.090 Ordinances of cities granting 35.27.330 Public utilities incorporated towns on United States land 58.28.040 unincorporated towns on United States land 58.28.250 Quo warranto proceedings ground for information, when 7.56.010 judgments of ouster or forfeiture 7.56.100 persons who may file informations concerning 7.56.020 State highways, franchises on, See HIGHWAYS, subtitle Franchises on state highways State toll bridges granting of franchises authorized 47.56.256 liquidation and closure of accounts upon removal of tolls, transfer of surplus 47.56.242 satisfaction of valid claims 47.56.243 Street railways 81.64.010, 81.64.020 granting on new roadways 35.85.040 Toll roads, granting of franchises on authorized 47.56.256 Transportation of passengers in motor vehicles, department of transportation to approve if granted when city or town streets part of state highway system 47.24.020 FRANCIS HADDON MORGAN CENTER (See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers) FRANKLIN COUNTY Boundaries, tracing of 36.04.110 Hanford area economic investment fund committee membership and duties 43.31.425, 43.31.428 established 43.31.422 Superior court judges, number of 2.08.064 FRATERNAL ORGANIZATIONS Nonprofit corporations, authorized 24.03.015 Nonprofit miscellaneous and mutual corporations authorized 24.06.015 FRATERNAL SOCIETIES Building corporations Ch. 24.24 Incorporation Ch. 24.20 Insurance, See INSURANCE, subtitle Fraternal benefit societies FRAUD Agreements, enforceability Ch. 19.36 Animals false certificate of registration or false representation of breed, penalty 9.08.030 Attachment ground 6.25.030 Attachments and executions, removal or assigning property to avoid 9.45.080 receiving property 9.45.090 Auctions 9.45.070 Banks, insolvent bank receiving deposit 9.24.030 Bond issue facsimile signatures, fraud by printer or engraver, penalty 39.44.101 Business opportunity fraud act Ch. 19.110 Children substitution of child to deceive 9.45.020 Common carriers obtaining transportation at less than established rates 81.28.210, 81.28.220 shipping prohibited property 81.28.210, 81.28.220 Conveyances, See FRAUDULENT CONVEYANCES Corporations, See also CORPORATIONS, subtitle Fraud Creditors assignments for benefit of, false representations 9.45.100 removing or disposing of accounts and books to defraud 9.45.080 Executions, removal or assigning property to avoid 9.45.080 False pretenses, See FALSE PRETENSES (2008 Ed.) FRUITS False representations, See FALSE REPRESENTATIONS Food stamps recovery of payments 74.04.300 Hotels and innkeepers, obtaining accommodations by fraud, penalty 19.48.110 Insurance generally Ch. 48.30, Ch. 48.30A, Ch. 48.135 Insurance against, See INSURANCE, subtitle Casualty insurance Intent as element, intent to defraud any person sufficient 10.58.040 Judgments or orders obtaining superior court judgment or order by, vacation or modification ground for 4.72.010 petition, by 4.72.030 obtaining vacation of superior court judgment or order by, time limitation provision does not apply to 4.72.080 Limitations of action for 4.16.080 Liquor warehouse receipts, penalty 9.45.160, 9.45.170 Mining claims altering samples of ore or assay certificate, penalty 9.45.210 false samples of ore or assay 9.45.220 Mock auctions 9.45.070 Mortgaged property, destruction, conversion, sale, removal, etc. 9.45.060 Mutual savings bank, insolvent bank receiving deposit 32.04.120 Ne exeat, See NE EXEAT Permanent common school fund losses due to, losses borne by state 28A.515.310 Personal property subject to mortgage, conditional sale, lien, lease, rental agreement, destruction, conversion, sale, removal, etc. 9.45.060 Probate revocation of letters, for 11.28.250 sales of estate property, effect on confirmation 11.56.115 Public assistance failure to reveal resources and income 74.04.300 false statements or representations 74.08.331 larceny 74.08.331 real property disposal 74.08.331 recovery of payments, penalty 74.04.300 transfers of property to qualify 74.08.335, 74.08.338 Pyramid schemes antipyramid promotional scheme act Ch. 19.275 Quo warranto proceedings, annulment or vacation of patent, certificate or deed because of fraud 7.56.140, 7.56.150 Rental agreement property, conversion, sale, lease, etc., penalty 9.45.060 Sales, remedies 62A.2-721 Statute of frauds, See FRAUDS, STATUTE OF Stock subscription 9.24.010, 9.24.020 Supplemental proceedings immunity if testifies concerning 6.32.200 testimony concerning not excused 6.32.200 Teachers’ retirement system falsification, penalty 41.32.055 vehicles, report of sale 9.45.260 Wills failing to deliver on death of testator 11.20.010 Written agreements, enforceability Ch. 19.36 FRAUDS, STATUTE OF Written agreements, enforceability Ch. 19.36 FRAUDULENT CONVEYANCES Attachments and executions, removal, secreting, or assigning property to avoid 9.45.080 Conveyance of personal property subject to mortgage, conditional sale, lien, lease, penalty 9.45.060 (2008 Ed.) Corporations, fraudulent conveyance or encumbrance of real or personal property 9.24.020 Public assistance, fraudulent conveyances of real property 74.08.338 Transfers, uniform fraudulent transfer act Ch. 19.40 FRAUDULENT TRANSFERS Defenses, liability, and protection of transferee 19.40.081 Definitions 19.40.011 Extinguishment of cause of action 19.40.091 Fraudulent as to present and future creditors 19.40.041 Fraudulent as to present creditors 19.40.051 Insolvency of debtors 19.40.021 Obligation, when incurred 19.40.061 Remedies of creditors 19.40.071 Transfer, when made 19.40.061 Value of transfer 19.40.031 FREEDOM OF PRESS Guaranteed Const. Art. 1 § 5 FREEDOM OF SPEECH Guaranteed to every person Const. Art. 1 § 5 Legislators not liable for words in debate Const. Art. 2 § 17 FREEDOM OF WORSHIP Guaranteed Const. Art. 1 § 11 FREEHOLDERS Counties home rule charter Const. Art. 11 § 4 vacancies, method of filling 36.32.490 Election, home rule charter Const. Art. 11 § 4 Election of first class cities 35.22.050, 35.22.055, Const. Art. 11 § 10 First class cities election of 35.22.050, 35.22.055 FREEWAYS (See HIGHWAYS) FREIGHT Freight mobility strategic investment program and board Ch. 47.06A Livestock liens, sale of to satisfy 60.60.030 Rates, regulation by legislature authorized Const. Art. 12 § 18 FRESH PURSUIT Authority of peace officer 10.89.010 Defined 10.89.050 District of Columbia defined as a state 10.89.040 Lawfulness of arrest 10.89.030 Mutual aid peace officers powers 10.93.120 Preliminary examination by magistrate 10.89.020 Secretary of state duties 10.89.060 Uniform act on fresh pursuit Ch. 10.89 FRUIT COMMISSION Assessments annual 15.28.160 collection 15.28.240 due date and delinquent penalty 15.28.230 exemption 15.28.160 increases 15.28.170, 15.28.180 payment responsibility 15.28.250 research and advertising 15.28.170 Commodity committees 15.28.140, 15.28.150 Creation, comprehensive scheme 15.28.015 Dealers, handlers, and processors assessment payments, responsibility 15.28.250 records 15.28.210 returns under oath 15.28.220 Definitions 15.28.010 District advisory committees 15.28.140, 15.28.150 Duties 15.28.110 Elections 15.28.040, 15.28.060 Funds, disposition 15.28.190, 15.28.200 Inspections, authorization 15.28.310 Liability of members, employees, state 15.28.130 Meetings 15.28.060 Membership 15.28.020, 15.28.023, 15.28.024, 15.28.030 Plans, programs, projects approval and oversight 15.28.103, 15.28.105 Powers 15.28.100 Printing contract conditions 15.24.086 not restricted by public printer law 15.24.085 Publications 15.28.260 Records as evidence 15.28.120 funding staff support 15.28.320 public disclosure exemption 15.28.315 Rules enforcement 15.28.290 filing and publication 15.28.300 rule-making proceedings, exemptions 15.28.305 Soft tree fruits Ch. 15.28 Subdistricts, establishment 15.28.070 Terms of office 15.28.050, 15.28.055 Travel expenses and compensation 15.28.090 Unlawful acts and penalty 15.28.270, 15.28.280 Vacancies 15.28.080 FRUITS (See also BERRIES; HORTICULTURE) Apples state fruit 1.20.035 Commodity committees 15.28.140, 15.28.150 Controlled atmosphere storage condition and maturity standards 15.30.140, 15.30.150 definitions 15.30.010 identification of fruits and vegetables 15.30.130 injunctions 15.30.220 inspection and certification 15.30.160, 15.30.170, 15.30.180, 15.30.200 inspection certificate as evidence 15.30.190 intergovernmental cooperation 15.30.260 penalties for violations 15.30.250 rules enforcement 15.30.050 time, temperature, and air components 15.30.060, 15.30.120 unlawful acts 15.30.210 warehouse license 15.30.020, 15.30.030 denial, suspension, or revocation 15.30.080, 15.30.090 fee 15.30.040 renewal 15.30.070 subpoenas, witnesses and fees 15.30.100 warehouse number 15.30.110 County peddlers’ licensing, exemption 36.71.010 Fresh fruit sales limitation act combination sales 15.21.040 cost, invoice as evidence 15.21.030 exempt sales 15.21.070 penalties 15.21.060 unlawful practices 15.21.020 violations, injunctions against 15.21.050 Fruit commission, See FRUIT COMMISSION Grades and packs Ch. 15.17 Horticultural pests and diseases Ch. 15.08 Inspection and certification 15.17.140, 15.17.150 Pests and diseases condemnation of infected property 15.08.070 disinfection of fruit trees 15.08.025 quarantine and regulation of movement Ch. 17.24 Retail sales, fresh country of origin information 15.04.415 Soft tree fruits Ch. 15.28 Tax deferrals, fruit and vegetable businesses Ch. 82.74 Tree fruit research commission assessment list 15.26.130 assessment on cherries 15.26.125 assessments 15.26.120, 15.26.140, 15.26.150, 15.26.155, 15.26.160, 15.26.170, 15.26.200, 15.26.210, 15.26.220 collection of assessments 15.26.250 [RCW Index—page 311] FUEL dealers, handlers and processors, return filing 15.26.190 definitions 15.26.030 disposition of funds 15.26.230 funding staff support 15.26.265 funds collected, disposition 15.26.280 industry service programs 15.26.020 collection and dispersal of funds 15.26.235 intergovernmental contracts and agreements 15.26.290 legal costs and expenses 15.26.260 liability of members, employees, state 15.26.240 membership 15.26.040, 15.26.050, 15.26.060, 15.26.070, 15.26.080 powers and duties 15.26.110 quorum 15.26.090 records, public disclosure 15.26.295 records as evidence 15.26.270 records of persons receiving fruit 15.26.180 sanitation programs 15.26.020 travel expenses and compensation 15.26.100 violations and penalty 15.26.300 Weights and measures, small fruit 19.94.470 FUEL (See GASOLINE; MOTOR VEHICLE FUEL) FUGITIVES (See also ESCAPE) From another state preliminary examination 10.88.340 Extradition, See EXTRADITION Fresh pursuit, uniform act Ch. 10.89 Out-of-state, extradition 10.34.030 Pursuit and retaking of any place in state 10.34.010, 10.34.020 FUND RAISING (See CHARITABLE SOLICITATIONS) FUNDS (See also PUBLIC FUNDS) Accident fund, See INDUSTRIAL INSURANCE, subtitle Accident fund Advanced college tuition payment program account Ch. 28B.95 Agricultural local fund 15.60.040 disposition of fines and forfeitures 15.49.470 establishment 43.23.230 fertilizer regulation, use of moneys 15.54.480 moneys, deposited, use 15.53.9044 pesticide annual registration fee, deposit and use 15.58.070 Aircraft dealers license and certificate fees deposited in 14.20.060 Assurance fund for registration of land titles investment of 65.12.670 maximum liability 65.12.700 payment for judgment 65.12.690 recoveries paid from 65.12.680 registration of land 65.12.660 Basic health plan self-insurance reserve account, investment 43.33A.230 Biosolids permit account 70.95J.025 Birth certificates, children’s trust fund 70.58.085 Boating safety education certification account 79A.60.650 Bond retirement accounts Ch. 43.99M Building code council account 19.27.085 Capitol purchase and development account 43.79.455 Catastrophe injury account, See INDUSTRIAL INSURANCE, subtitle Catastrophe injury account Cemetery account 68.05.285 Cemetery district fund 68.52.280, 68.52.290, 68.52.300 Cemetery endowment care funds, accountability Ch. 68.44 Center for improvement of student learning account 28A.300.135 Certified public accountants’ account 18.04.105 Child care facility fund committee applications for loans, guarantees, and grants, requirements 43.31.512 grants, repayment requirements 43.31.514 [RCW Index—page 312] grants and loans from fund, authority to make, conditions and limitations 43.31.506 loan guarantees for licensed child care facilities, conditions and limitations 43.31.508 Child care facility revolving fund purpose, source of funds 43.31.502 Cities and towns accident fund, use 35.30.050 borrowing money from municipal sale and use tax equalization account 35.02.135 city street fund 35.02.140 local improvement guaranty fund 35.23.505 metropolitan park districts 35.61.210 publicity fund 35.23.470, 35.23.480, 35.23.490 Cities and towns, See CITIES AND TOWNS, subtitle Funds City and town research services account 43.110.060 Coastal crab account 77.65.240, 77.70.320, 77.70.330 Coastal protection fund 90.48.390, 90.48.400 College and universities’ bond issues, See BOND ISSUES, subtitle Colleges and universities College board worker retraining program funds 28C.04.390 Collegiate license plate fund, use for scholarships 28B.10.890 Commingled trust funds established 43.33A.170 Community and economic development fee account 43.330.155 Community and technical college bond retirement fund declaration that bonds are no longer outstanding 28B.50.401 transfer of moneys to general fund 28B.50.402 Community and technical college capital projects account 28B.50.360 Correctional industries account 72.09.090 Cost of supervision fund 72.11.040 County, See COUNTIES, subtitle Funds County criminal justice assistance account 82.14.310 County research services account 43.110.050 County roads and bridges, See COUNTY ROADS AND BRIDGES County sales and use tax equalization account 82.14.200, 82.14.215, 82.14.220 Crime victim’s compensation public safety and education account 7.68.035 Depositaries, See DEPOSITARIES Developmental disabilities endowment trust fund 43.330.200 Disaster response account 38.52.105 Disincorporation of cities and towns, final accounting of receiver 35.07.220 Displaced workers account 50.12.080, 50.12.280 Distressed county assistance account 82.14.380 Drought preparedness account 43.83B.430 Drug enforcement and education account beer, additional tax to fund 66.24.290 Dungeness crab appeals account 77.65.230 Eastern Washington pheasant enhancement account 77.12.810, 77.12.820 Education savings account 43.79.465 Education technology revolving fund 43.105.835 Electrical license fund electrical board expenses 19.28.311 receipt and expenditure of moneys 19.28.351 Emergency medical services and trauma care system trust account 70.168.135 Endowment care, See CEMETERIES, subtitle Endowment care Energy efficiency construction account 39.35C.100 Environmental excellence account 43.21K.170 Escrow agent licensing fees 18.44.121 Fair fund Ch. 15.76 lease of state agricultural lands, deposit of rental funds 15.04.090 Farmlands preservation account 79A.15.130 Federal, See UNITED STATES, subtitle Funds Federal food service revolving fund 28A.235.020, 28A.235.030 Film and video promotion account, use to promote production industry 43.330.092 Financial reporting annual, all funds and account groups 43.88.027 Fire protection districts, See FIRE PROTECTION DISTRICTS, subtitle Fiscal matters Firearms range account 79A.25.210 Flood control districts, See FLOOD CONTROL, subtitle Districts—1937 act Food processing inspection account 69.07.120 Fruit and vegetable district fund 15.17.240 Fund for innovation and quality in higher education Ch. 28B.120 Funeral directors and embalmers account 18.39.800 General administration services account 43.82.120, 43.82.125 purpose and uses 43.01.090, 43.19.025, 43.19.500, 43.19.1923 rate increases, calculation changes, subject to approval 43.88.350 Geologists’ account 18.220.120 Grade crossing protective fund transfer of funds to general fund 81.53.281 Grain indemnity fund 22.09.411 Grain inspection revolving fund 22.09.830 Grain warehouse audit account 22.09.830 Habitat conservation account 79A.15.020, 79A.15.040, 79A.15.060 Hanford area economic investment fund committee membership and duties 43.31.425, 43.31.428 established 43.31.422 Hazardous waste control and elimination account created 70.105.180 Health insurance pool account 48.41.037 Health professional loan repayment and scholarship program fund 28B.115.130 Health professions account 18.71.401 Health services account beer, additional tax to fund 66.24.290 Higher education bond issues, See BOND ISSUES, subtitle Colleges and universities High-level radioactive waste program, state radiation control agency to seek federal funds 70.98.125 Hop inspection fund 22.09.830 Horse racing commission moneys, disposition and retainage 67.16.100 Impaired driving safety account 46.68.260 Impaired physician account 18.71.315 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Funds Insurance title insurers’ guaranty funds, See INSURANCE, subtitle Title insurers International exchange scholarship endowment fund 28B.109.060, 28B.109.070 International exchange trust fund 28B.109.050 Investment accounting state investment board transfer of functions and duties from state treasurer’s office to 43.33A.180 Irrigation districts, See IRRIGATION DISTRICTS, subtitle Fiscal matters Jail renovation bond retirement fund 70.48.310 Judicial information system account increase in fines, penalties, and assessments to support 2.68.040 uses 2.68.020 Juvenile accountability incentive account 13.40.560 K-20 technology account 43.105.830 Labor and industries, department of investment policies 43.33A.110 Liquor control board construction and maintenance account 66.08.235 Liquor excise tax fund 82.08.160 (2008 Ed.) FUNERAL DIRECTORS AND EMBALMERS Liquor revolving fund administrative expenses, appropriation and payment 66.08.026 border areas, distribution 66.08.195, 66.08.196, 66.08.198 cities and towns, distribution 66.08.210 counties, distribution 66.08.200 deposits and disbursements 66.08.170 distribution 66.08.180, 66.08.220 excess funds, disbursement and withholding for noncompliance 66.08.190 proceeds from sale of illegal property 66.32.070 transfer of funds 66.08.240 wine commission disbursement 66.08.230 Livestock nutrient management account 90.64.150 Local government statewide custody contracts 43.08.280 Local sales and use tax account 82.14.050 Marine fuel tax refund account Ch. 79A.25 Maritime historic restoration and preservation account 88.02.053 Master license fund 19.02.075, 19.02.210 trade name registration fees 19.80.075 Metals mining account 78.56.080 Metropolitan municipal corporations, fiscal matters disbursements 35.58.430 maintenance 35.58.430 Milk pooling act, marketing plan accounts 15.35.280 Milk products, disposition of licensing fees 15.36.491 Minority and women’s business enterprises account 39.19.200 Miscellaneous transportation programs account 47.04.220 Mortgage broker fees, deposit 19.146.228 Mosquito control districts 17.28.270, 17.28.280, 17.28.290 Municipal criminal justice assistance account 82.14.320, 82.14.330 Municipal sales and use tax equalization account 82.14.210, 82.14.215, 82.14.220 National World War II memorial account 73.40.060 Oil spill prevention account 90.56.510 Oil spill response account 90.56.500 Outdoor recreation account 79A.15.050, Ch. 79A.25 Parkland acquisition account 79A.05.170, 79A.05.175 Parks improvement account 79A.05.060 Parks renewal and stewardship account 79A.05.100 Permanent common school fund fish and wildlife lands withdrawn from lease 77.12.360 Pipeline safety account 81.88.050 Planting stock certification account 15.13.470, 15.14.145 Port districts, See PORT DISTRICTS, subtitle Funds Probation services misdemeanors assessment for services 10.64.120 Public hospital district funds, creation 70.44.171 Public safety and education account 10.82.070, 35.20.220, 77.12.201 profiteering payments and forfeitures deposited in 9A.82.110 Public works assistance account established, purpose 43.155.050 Radiation monitoring, department of ecology to seek federal funds 70.98.122 Reclamation revolving account 90.16.090 Recreation resource account Ch. 79A.25 Recreational fisheries enhancement account 77.105.150 Regional fisheries enhancement group account 77.95.090 (2008 Ed.) Regional fisheries enhancement salmonid recovery account 77.95.130 Residential weatherization program low-income weatherization assistance account 70.164.030, 70.164.070 Road and bridge service districts local service district fund 36.83.140 Rural rehabilitation program, agreements with and funds from federal government Ch. 15.70 Salmon recovery account 77.85.170 Savings incentive account 43.79.460 School zone safety account 46.61.440 Schools, certain federal payments to counties designated to reduce districts’ outstanding debts 36.01.200 Sea urchin dive fishery account 77.70.150 Secretary of state’s revolving fund, purpose 43.07.130 Sewer districts, See SEWER DISTRICTS, subtitle Fiscal matters Special wildlife account 77.12.323 State, See also PUBLIC FUNDS, subtitle State depositaries for state funds, See DEPOSITARIES, subtitle State depositaries State convention and trade center, Seattle state convention and trade center operations account 67.40.025 State parks renewal and stewardship account 79A.05.215 State patrol nonappropriated airplane revolving account 43.79.470 State patrol retirement fund 43.43.130 State trade fair fund 43.31.805, 43.31.832, 43.31.833, 43.31.834 Students child care in higher education accounts Ch. 28B.135 Sulfur dioxide abatement account 70.94.630 Thurston county capital facilities account 43.01.090, 43.19.501 Tobacco prevention and control account 43.79.480 Tobacco settlement account 43.79.480 Tourism promotion and development account 43.330.094 Transportation advanced environmental mitigation revolving account 47.12.340 miscellaneous transportation programs account 47.04.220 Transportation infrastructure account Ch. 82.44 Tuition recovery fund 28C.10.082 Tuition recovery trust fund 28C.10.084 University of Washington University of Washington bond retirement fund building fees deposited 28B.15.210 University of Washington building account building fees deposited 28B.15.210 Vessel, gear, license, and permit reduction fund 77.80.060 Violence reduction and drug enforcement account 69.50.520 Warm water game fish account 77.32.440, 77.44.050 Washington State University Washington State University bond retirement fund building fees deposited 28B.15.310 Washington State University building account building fees deposited 28B.15.310 Water pollution control facilities bond redemption fund Ch. 90.50 Water pollution control revolving fund Ch. 90.50A Water quality account 70.146.030 Water quality permit account 90.48.465 Weed control districts 17.04.250 Weights and measures account 19.94.185 Wildlife account 77.12.170, 77.12.184, 77.12.190 Wildlife fund 77.12.323 migratory bird stamp, revenues 77.12.690 warm water game fish account 77.32.440, 77.44.050 Winter recreational program account 79A.05.235 Wood stove education and enforcement account 70.94.483 FUNERAL DIRECTORS AND EMBALMERS Authorization for burial or cremation 68.50.170 Board of funeral directors and embalmers compensation and expenses 18.39.175 membership 18.39.173 organization and operation 18.39.173 responsibilities and authority 18.39.175 Burial-transit permits, registrar of vital statistics 70.58.030, 70.58.230 Consumer protection act, application 18.39.350 Cremation individual or group cremation, permission requirements 68.50.185 permit or endorsement 68.05.175, 68.05.390 permit or endorsement required, penalty for violation 18.39.217 Crematories regulation 18.39.217 Death certificates generally 70.58.240 Death certificates, See also VITAL STATISTICS, subtitle Death certificates Definitions 18.39.010 Disciplinary action, grounds 18.39.300 Duties, generally 70.58.240 Embalming authorization and information disclosure 18.39.215 Examinations 18.39.070 Funeral directors and embalmers account 18.39.800 Funeral establishments licenses requirements 18.39.145 Human remains immediate care of body 18.39.215 Human remains, transportation at direction of coroner or medical examiner, costs 68.50.032 Inspector of funeral directors and embalmers eligibility, powers, and duties 18.39.170 Interns 18.39.120, 18.39.125 Licenses applicants from other states 18.39.130 application or renewal 18.39.050 college course requirements 18.39.045 display 18.39.100 eligibility requirements 18.39.035 funeral establishments 18.39.145 lapse and reinstatement 18.39.150 required 18.39.020 restrictions 18.39.100 subject to provisions of chapter 18.130 RCW 43.70.290 suspension for noncompliance with support order 18.39.467 suspension for nonpayment or default on educational loan or scholarship 18.39.465 Licensing department director, powers and duties 18.39.181 Practice without license 18.39.530 Prearrangement contracts abandoned trusts 18.39.370 annual financial statement, filing 18.39.320 authorized 18.39.240 certificates of registration, requirements and procedures 18.39.260, 18.39.270, 18.39.280, 18.39.290 contract forms 18.39.330 contracts funded through insurance, requirements 18.39.255 fraternal or benevolent organizations and labor unions exempted from requirements 18.39.360 refunds 18.39.250 [RCW Index—page 313] FUNERALS trusts, establishment required 18.39.250 trusts, examination by board 18.39.345 Pricing information disclosure 18.39.195 Professional service corporations Ch. 18.100 Prohibited advice and transactions with clients 18.39.240 Removal registration, certificates of 18.39.525 Undisposed remains 68.50.230 Uniform regulation of business and professions act 18.39.560 Unlawful acts, penalties 18.39.215, 18.39.220, 18.39.231, 18.39.350 Unprofessional conduct 18.39.410, 18.39.420, 18.39.450 FUNERALS (See also BURIAL AND INTERMENT) Definitions relating to cemeteries, morgues, and human remains Ch. 68.04 Escheats, institution inmates property, funeral expenses paid from 11.08.111 Fraternal benefit societies funeral homes prohibited 48.36A.120 Group life insurance, benefits 48.24.160 Indigent deceased veterans, county to provide burial 73.08.070 Industrial insurance, burial expenses 51.32.050 Insurance benefits, See INSURANCE, subtitle Casualty insurance Interference or obstruction civil liability 68.56.020 exceptions 68.56.030 penalty 68.56.010 Probate, order of payment 11.76.110 Public assistance lien against assets 43.20B.120 FUR FARMING Blasting explosives near, restrictions 70.74.250 Regulation Ch. 16.72 FURLOUGHS (See PRISONS AND PRISONERS) FUTURE TEACHERS CONDITIONAL SCHOLARSHIP PROGRAM (See TEACHERS, subtitle Future teachers conditional scholarship program) GAMBLING Action for recovery of losses 4.24.070 Administrative law judges, appointment of 9.46.140 Amusement games authority 9.46.0321 authority to conduct 9.46.0331 defined 9.46.0201 rules, minimum rules for conduct of games 9.46.0331 Antique slot machines 9.46.235 Bingo authority 9.46.0321 defined 9.46.0205 pathological gambling behavior, warning 9.46.072 Bona fide member defined 9.46.0261 Bookmaking defined 9.46.0213 Bowling sweepstakes authority 9.46.0345 Bucket shops defined, characteristics 9.47.080 keeping and operating 9.47.090 statements required 9.47.100 omission or refusal as prima facie proof 9.47.100 Bunco steering, penalty 9.47.120 Charitable organizations authorized activities 9.46.0311, 9.46.0321, 9.46.0351 defined 9.46.0209 raffles, authority to conduct 9.46.0315 sharing facilities 9.46.0701 Cheating 9.46.196, 9.46.1961, 9.46.1962 Cities and towns [RCW Index—page 314] ordinances adopting state gambling law, jurisdiction of courts 9.46.193 second class cities, control of 35.23.440 state gambling law, adoption of 9.46.192 jurisdiction of courts 9.46.193 towns, control and punishment of 35.27.370 Commercial stimulant defined 9.46.0217 Commission administrative law judges, appointment of 9.46.140 administrator 9.46.080 appointment 9.46.040 audits, payments for 9.46.060 bond 9.46.050 chairman 9.46.050 counsel, payments for 9.46.060 defined 9.46.0221 employees prohibited activities 9.46.085 employment authority 9.46.080 enforcement authority 9.46.210 fees pull-tab and punch board sales 9.46.116 hearing officers, appointment of 9.46.140 hearings, power 9.46.140 immunity from liability, members, employees 9.46.095 Indian tribes gaming compacts, enforcement 9.46.360 gaming compacts, negotiation process 9.46.360 inspection and audits, by 9.46.130 law enforcement agency for purposes of chapter 9.46.210 licenses, permits, denial, suspension, revocation 9.46.075 meetings 9.46.050 members 9.46.040 prohibited activities 9.46.085 mutual assistance agreements with public or private agencies 9.46.080 pathological gamblers, information for 9.46.071 powers and duties of 9.46.070 proceedings against, jurisdiction 9.46.095 pull-tab and punch board sales, fees on 9.46.116 quorum 9.46.050 reports to the legislature 9.46.090 rules and regulations 9.46.080 staff 9.46.080 subpoena, investigative powers 9.46.140 travel expenses and compensation 9.46.050 vacancies, filling of 9.46.040 Contest of chance business and occupation tax 82.04.285 defined 9.46.0225 promotional, authorized 9.46.0356 Contract termination of lease if premises used for 4.24.080 void as evidence of gambling debt 4.24.090 Conveyances, validity as evidence of gambling debt 4.24.090 Crimes relating to antique slot machines, excluded 9.46.235 bribery 9.46.155 causing person to violate gambling law gambling law 9.46.180 causing person to violate gambling rule gambling rule 9.46.185 cheating 9.46.196, 9.46.1961, 9.46.1962 fraud or deceit 9.46.190 gambling device, unlawful ownership of interest in, penalty 9.46.215 gambling devices seizure and forfeiture 9.46.231 gambling information, transmission or receiving of 9.46.240 gambling records 9.46.217 professional gambling device, possession as proof of knowledge of its character 9.46.260 professional gambling in the first degree 9.46.220 professional gambling in the second degree 9.46.221 professional gambling in the third degree 9.46.222 unlicensed employee 9.46.198 Damages, money, due to violations, action for, attorneys’ fees, class action, interest 9.46.200 Defined 9.46.0237 Device, defined 9.46.0241 Devices ownership of interest in gambling device, penalty for unlawful ownership 9.46.215 professional gambling device, possession as proof of knowledge of its character 9.46.260 seizure and forfeiture 9.46.231 Dice games authority 9.46.0351 Dice or coin flipping for food or music 9.46.0305 Enforcement 9.46.210 cities and towns which adopt the state gambling law, jurisdiction of courts 9.46.193 commission 9.46.210 local law enforcement agencies 9.46.210 Enticing persons to gamble, penalty 9.47.120 False or misleading entries or statements in application or record violation, penalty 9.46.170 Fishing derby defined 9.46.0229 exclusion from gambling law 9.46.293 Fraud or deceit violation, penalty 9.46.190 Fund raising event defined 9.46.0233 Gambling device defined 9.46.0241 Gambling devices ownership of interest in gambling device, penalty for unlawful ownership 9.46.215 professional gambling device, possession as proof of knowledge of its character 9.46.260 seizure and forfeiture 9.46.231 Gambling information defined 9.46.0245 transmitting or receiving of, gross misdemeanor 9.46.240 Gambling law, causing person to violate violation, penalty 9.46.180 Gambling revolving fund created, receipts, disbursements, use 9.46.100 Gambling rule, causing person to violate violation, penalty 9.46.185 Gaming tables, when deemed kept for hire 67.14.100 Golfing sweepstakes authority 9.46.0341 Greyhound racing prohibited 9.46.039 Hearing officers, appointment of 9.46.140 Hearings, investigations, power of 9.46.140 Horse racing parimutuel 67.16.060 prohibited practices 67.16.060 Indian gambling compacts authority of governor to execute 43.06.010 Indian tribes federal jurisdiction 9.46.36001 gaming compacts enforcement 9.46.360 negotiation process with gambling commission 9.46.360 Information defined 9.46.0245 transmission or receiving as violation, penalty 9.46.240 (2008 Ed.) GARBAGE Injunctions 9.46.150 Inspection and audit of premises, paraphernalia, books and records, reports 9.46.130 Invalidity of contract and debts defense 4.24.090 recovery of losses by action 4.24.070 Lease termination if premises used for 4.24.080 Legislative declaration 9.46.010 Lessor’s recovery of possession if premises used for 4.24.080 License activities conducted without license, violation, penalties 9.46.160 Licenses applicants and licensees responsibility to establish qualifications 9.46.153 applications, public inspection 9.46.300 bribes, penalty 9.46.155 denial, revocation, suspension exclusion from legal restoration statutes 9.46.075 grounds for 9.46.075 monetary penalty in lieu of suspension 9.46.077 employees requiring prior commission approval 9.46.158 gambling devices, manufacturers, sales, distributors 9.46.310 legal authority, exception 9.46.295 permits or certificates, voiding of 9.46.150 Licensing and regulation of gambling activity, chapter exclusive 9.46.285 Loaning money for gambling purposes, penalty 9.47.120 Losses, action for recovery of 4.24.070 Lottery defined 9.46.0257 Lottery, state, See STATE LOTTERY Member defined 9.46.0261 Military property, prohibition of gambling, penalty for disobedience 38.32.120 Nonprofit organizations authorized activities 9.46.0311, 9.46.0321, 9.46.0351 defined 9.46.0209 raffles, authority to conduct 9.46.0315 sharing facilities 9.46.0701 Operation or management, restrictions 9.46.120 Pathological gamblers, information for 9.46.071 Pathological gambling behavior, warning 9.46.072 Permits denial, revocation, suspension exclusion from legal restoration statutes 9.46.075 grounds for 9.46.075 monetary penalty in lieu of suspension 9.46.077 Person defined 9.46.0289 Personnel causing person to violate gambling rule 9.46.185 requiring prior commission approval 9.46.158 Places of abatement as nuisance 7.48.240 public nuisance, penalty 9.66.010 Player defined 9.46.0265 Possession of professional gambling device, proof of knowledge of its character 9.46.260 Premises defined 9.46.0249 Problem and pathological account 43.20A.892 Problem and pathological gambling treatment program 43.20A.890 Professional gambling defined 9.46.0269 penalties 9.46.225 Professional gambling in the first degree violation, penalty 9.46.220 Professional gambling in the second degree (2008 Ed.) violation, penalty 9.46.221 Professional gambling in the third degree violations, penalties 9.46.222 Promotional contests of chance 9.46.0356 Property, real and personal seizure and forfeiture 9.46.231 Property or premises common nuisance, abatement 9.46.250 enforcement 9.46.250 termination of mortgage, contract or leasehold interest 9.46.250 Public assistance benefit cards 9.46.410, 9.46.420 Public nuisance to maintain place for, penalty 9.66.010 Pull-tabs authority 9.46.0325 defined 9.46.0273 sales devices fees on 9.46.116 over-the-counter fees on 9.46.116 Punch boards authority 9.46.0325 defined 9.46.0273 sales devices fees on 9.46.116 Raffles authority 9.46.0321 authority for charitable or nonprofit organizations to conduct 9.46.0315 defined 9.46.0277 wildlife hunting raffles 9.46.400 Record defined 9.46.0253 Records crimes relating to 9.46.217 Records, refusal to produce violation, penalty 9.46.170 Reports for the commission of inspections and audits 9.46.130 Reports of licensees public inspection 9.46.300 Restrictions leased premises 9.46.120 personnel, management or operation 9.46.120 punch boards, pull tabs, as to prizes 9.46.110 Revolving fund created, disbursement, receipts, use 9.46.100 Seizure and forfeiture gambling devices, real and personal property 9.46.231 Slot machines, antique 9.46.235 Social card game defined 9.46.0282 Social card games authority 9.46.0325, 9.46.0351 Sport pools authority 9.46.0335 State lottery not applicable to gambling law 9.46.291 Tax collections, civil action, procedure 9.46.350 Taxation exclusive authority for taxing gambling activities 9.46.270 gambling activities law enforcement purposes 9.46.113 limitations 9.46.110 local governments authority, limits 9.46.110 law enforcement purposes 9.46.113 Thing of value defined 9.46.0285 Turkey shoots authorized 9.46.0361 Value, thing of value defined 9.46.0285 Violations, penalties antique slot machines, excluded from prosecution 9.46.235 causing persons to violate chapter 9.46.180 employees, unlicensed 9.46.198 false or misleading entries or statements 9.46.170 fraud or deceit, relating to 9.46.190 gambling information, transmission or receiving of 9.46.240 license activities conducted without license 9.46.160 obstructing public servant in administration or enforcement of chapter 9.46.195 professional gambling in the first degree 9.46.220 professional gambling in the second degree 9.46.221 professional gambling in the third degree 9.46.222 records, refusal to produce 9.46.170 Violations, penalty causing person to violate gambling rule 9.46.185 Wagers gambling information 9.46.0245 transmitting or receiving, violations 9.46.240 Whoever, defined 9.46.0289 GAME (See HUNTING; WILDLIFE) GAME FISH (See FISH AND FISHING) GAMES (See GAMBLING) GANGS Actions for damages, criminal street gang tagging and graffiti 4.24.330 Criminal gang intimidation 9A.46.120 Criminal street gang definitions, state preemption 9.101.010 Criminal street gang tagging and graffiti, penalties 9A.48.105 Grant programs to assist local law enforcement 36.28A.200, 36.28A.210, 36.28A.220 Inmates reduction in involvement and recruitment 72.09.670 Schools, suspension or expulsion 28A.600.455 Tenants gang and gang-related activity, defined 59.18.030 gang-related activity, duties of tenant 59.18.130 gang-related activity, landlord’s remedies 59.18.180 gang-related activity, legislative findings and declarations 59.18.500 gang-related activity, unlawful detainer action 59.18.510 gang-related activity, when deemed unlawful detainer 59.12.030 Youth gangs cultural awareness retreats 43.310.040 definitions 43.310.010 gang risk prevention and intervention pilot programs 43.310.007 request for proposals 43.310.020 scope of programs 43.310.030 legislative findings 43.310.005 legislative intent 43.310.007 GARBAGE (See also COUNTIES, subtitle Solid waste disposal; SOLID WASTE DISPOSAL; SOLID WASTE MANAGEMENT) Charitable organization donation bins, deposit of garbage in misdemeanor 9.91.130 Combined sewerage, water, and garbage systems authority 35.67.331 statutes to govern 35.67.340 Counties disposal sites acquisition 36.58.020 use 36.58.020 Depositing unwholesome matter on highways, roads or in waters, a public nuisance, penalty 9.66.050 Disposal dumps [RCW Index—page 315] GARBAGE AND REFUSE COLLECTION COMPANIES county acquisition and use 36.58.020 Garbage truck defined 46.04.194 Handling facilities, permit requirements 70.95.170, 70.95.180 Sanitary districts, See SANITARY DISTRICTS Waste disposal facilities, bond issue Ch. 43.99F Waste disposal facilities bond issue Ch. 43.83A GARBAGE AND REFUSE COLLECTION COMPANIES Not public service company for purpose of securities regulation 81.08.010 transfers of property 81.12.010 Regulation, exceptions 80.01.300 GARDENS Gardeners, peddlers license exemption 36.71.090 GARFIELD COUNTY Boundaries, tracing of 36.04.120 Superior court judges, number of 2.08.064 GARNISHMENT Affidavits application for writ by 6.27.060 original action still pending, prevents dismissal 6.27.310 reply by plaintiff, to 6.27.210 Answers claim of defendant against garnishee 6.27.300 contents, form 6.27.190 costs, default judgments, reopening 6.27.200 discharge of garnishee on 6.27.240 dismissal 6.27.320 dismissal by clerk, time, notice 6.27.310 issues formed 6.27.220 reply to 6.27.210 time for contesting answer of garnishee 6.27.240 time to reply 6.27.210 writ contents concerning 6.27.070 Application for writ 6.27.060 Approval of bond to discharge writ 6.27.180 Attachment contempt of court for failure to deliver effects to sheriff 6.27.280 ground for issuance for writ of garnishment 6.27.020 Attorneys at law fees taxing of 6.27.230 Bonds discharge of writ by 6.27.180 garnishment bonds 6.26.020 Child support uniform interstate family support act Ch. 26.21A uniform interstate family support act, See UNIFORM INTERSTATE FAMILY SUPPORT ACT wages 26.18.070, 26.18.080, 26.18.090, 26.18.100, 26.18.110, 26.18.120, 26.18.130, 26.18.140 hearing to quash, modify, or terminate 26.18.140 Citations, identity of defendant doubtful, procedure 6.27.290 Cities and towns enforcement against 6.27.040 subject to, when 6.27.040 Clerks of court authorized to issue writs, when 6.27.020 bond to discharge writ filed with 6.27.180 deposit of bond to discharge writ 6.27.180 docketing case 6.27.070 execution of judgments 6.27.260 grounds for issuance of writ 6.27.020 issuance of writ 6.27.070 justice court, issuance of writ of garnishment 6.27.020 proceeds of sale of perishable property 6.27.270 satisfaction of judgments 6.27.260 [RCW Index—page 316] Contempt of court, failure to deliver effects to sheriff 6.27.280 Continuing lien on earnings answer form 6.27.340 authorized 6.27.330 compliance with answer form required 6.27.340 lien continues to subsequent earnings 6.27.350 priority 6.27.360 termination 6.27.350 Corporations, defense against claim of defendant 6.27.300 Costs bond to discharge writ, effect of 6.27.180 judgment, inclusion in 6.27.230 judgment against garnishee 6.27.250 satisfaction of 6.27.260 taxing of 6.27.230 Counties enforcement against 6.27.040 subject to, when 6.27.040 Courts, issue formed under direction of 6.27.220 Damages wrongful garnishment 6.26.040 Debts amount garnishee is required to hold, determination 6.27.090 defense of garnishee for payment 6.27.300 exemptions from garnishment, effect of service of writ on 6.27.120 grounds for writ 6.27.020 statement of in application for writ 6.27.060 uncontroverted answer denying to discharge garnishee 6.27.240 unmatured debts, procedure 6.27.250 writ requirement as to answer concerning 6.27.070 Decree to deliver up effects 6.27.270 Default judgments deposits in court not paid 6.27.250 garnishee’s failure to answer 6.27.200 reopening default judgment, costs 6.27.200 Defenses claim of defendant against garnishee 6.27.300 dismissal for plaintiff’s failure to give security for costs 4.84.230 failure to serve copy of writ on defendant, when 6.27.130 judgment for defendant in principal action 6.27.250 Definitions 6.27.010 Delivery decree to deliver effects to sheriff 6.27.250 failure to deliver effects to sheriff 6.27.280 Deposits in court proceeds of sale, perishable property 6.27.270 unmatured debts, deposit not made at original time 6.27.250 Discharge bond to discharge writ 6.27.180 garnishee defendant, upon answer 6.27.240 payment by garnishee 6.27.250 time to contest answer of garnishee 6.27.240 Discharging employee because of garnishment, unlawful, exception 6.27.170 Dismissal affidavit that principal action still pending, prevents dismissal for lack of diligence 6.27.310 by clerks of court, when, notice 6.27.310 failure to serve copy on defendant 6.27.130 order of court 6.27.320 District courts garnishment act applicable to 6.27.030 jurisdiction as to state and political subdivisions 6.27.040 state and political subdivisions, jurisdiction as to 6.27.040 Dockets 6.27.070 Employers and employees discharging employee because of, unlawful, exception 6.27.170 statement concerning status in application for writ 6.27.060 Executions judgment against defendant 6.27.260 garnishee 6.27.260 plaintiff 6.27.260 other compensation 6.27.150 personal property, against 6.27.270 sale of property 6.27.250 sales under of personal property 6.27.270 wages and salaries 6.27.150 Exemptions police pensions in first class cities 41.20.180 procedure 6.27.160 public assistance grants 74.04.280 payments 74.08.210 state employees’ retirement rights, exceptions 41.40.052 teachers’ retirement system rights, exceptions 41.32.052 wages and salaries amount 6.27.150 Federal government as garnishee defendant, procedures 6.27.370 Fees 6.27.060 attorneys at law, taxing of 6.27.230 Filing bond to discharge writ 6.27.180 Financial institutions, writ directed to 6.27.080 Fines, contempt for failure to deliver effects to sheriff 6.27.280 Form of garnishment wage garnishment 6.27.100 Funds received, deposit, payment, and endorsement 6.27.370 Garnishee processing fees 6.27.095 Garnishee, amount required to hold, determination 6.27.090 Grounds 6.27.020 statement of in application for writ 6.27.060 Identity of defendant doubtful, procedure 6.27.290 Imprisonment, contempt for failure to deliver effects to sheriff 6.27.280 Insurance company liquidation or delinquency proceedings stay of garnishment during pendency of proceedings 48.99.070 Interest inclusion in amount subject to garnishment 6.27.090 judgments against garnishee 6.27.250 satisfaction of 6.27.260 Issues, formation of 6.27.220 Joint stock companies, defense against claim of defendant 6.27.300 Judges of superior court, enforcement against state and political subdivisions 6.27.040 Judgments cost, inclusion in 6.27.230 decree to deliver up effects 6.27.270 default judgments 6.27.200 discharge of garnishee 6.27.240 unmatured debts 6.27.250 dismissal 6.27.320 execution of judgment against defendant 6.27.260 garnishee 6.27.260 plaintiff 6.27.260 garnishee, against form 6.27.265 grounds for issuance of writ 6.27.020 Jurisdiction justices of the peace, state, and political subdivisions as subject to 6.27.040 state, cities, counties, school districts, as garnishee 6.27.040 Justices of the peace enforcement against state and political subdivisions 6.27.040 (2008 Ed.) GENERAL ADMINISTRATION, DEPARTMENT OF Labor discharging employee because of garnishment unlawful, exception 6.27.170 Liability plaintiffs, liability for failure to dismiss 6.27.320 Motion liability of plaintiff for failure to dismiss when required 6.27.320 show cause for failure to deliver effects to sheriff 6.27.280 Municipal corporations enforcement against 6.27.040 Names, similarity citation to person to whom garnishee is indebted 6.27.290 identity of defendant doubtful, procedure 6.27.290 Notice, dismissal by clerk of court one year after last action taken, time for notice 6.27.310 Orders of court deposits in court 6.27.250 dismissal, plaintiff’s liability for failure to dismiss 6.27.320 establishment of amount subject to garnishment 6.27.090 sale of perishable property 6.27.270 Payment defense of garnishee on 6.27.300 state and political subdivisions, by 6.27.040 unmatured debt 6.27.250 Perishable property, sale of, deposit of proceeds in court 6.27.250 Personal property defense of garnishee, conformity to judgment 6.27.300 execution sales 6.27.250 failure to deliver to sheriff 6.27.280 perishable property, sale of 6.27.270 return to defendant 6.27.270 service of writ bar to delivery 6.27.120 statement concerning in application for writ 6.27.060 uncontroverted answer denying to discharge garnishee, time 6.27.170 Pleadings dismissal by clerk of court, one year after last action taken, notice 6.27.310 dismissal of action 6.27.320 formation of issues 6.27.220 requirement of 6.27.220 Prejudgment garnishment affidavit 6.26.050 application for writ 6.26.050 application of garnishment statute 6.26.070 fee and bond prior to issuance of writ 6.26.020 grounds 6.26.010 issuance of writ 6.26.060 wrongful garnishment action on bond 6.26.030 damages and fees 6.26.040 Processing fees 6.27.095 Punishment, contempt for failure to deliver effects to sheriff 6.27.280 Reply to answer of garnishee affidavit, time 6.27.210 Return, failure to deliver effects to sheriff 6.27.280 Salaries wages, exemption 6.27.150 Satisfaction of judgments judgments against defendant 6.27.260 garnishee 6.27.260 judgments in favor of defendant 6.27.260 in principal action 6.27.250 School districts enforcement against 6.27.040 subject to, when 6.27.040 Security for costs 4.84.210 bond in lieu of separate security for costs 4.84.220 dismissal for failure to give 4.84.230 (2008 Ed.) judgment on 4.84.240 standing bond for numerous actions 4.84.220 Service answer of garnishee 6.27.190 manner of service 6.27.110 writs of garnishment effect of 6.27.120 Sheriffs decree to deliver personal property to 6.27.270 detention of personal property prior to judgment 6.27.270 return on failure to deliver effects to 6.27.280 sale of personal property 6.27.270 service of writ by 6.27.110 Show cause order, failure to deliver effects to sheriff 6.27.280 Signatures reply to answer 6.27.210 Spousal maintenance uniform interstate family support act Ch. 26.21A wages 26.18.070, 26.18.090, 26.18.100, 26.18.110, 26.18.120, 26.18.140 hearing to quash, modify, or terminate 26.18.140 State employees’ retirement system rights, exemption from, exceptions 41.40.052 State of Washington enforcement against 6.27.040 subject to, when 6.27.040 Superior court grounds for issuance of writ of garnishment 6.27.020 jurisdiction over state and political subdivision, when 6.27.040 Sureties bond to discharge writ 6.27.180 Teachers’ retirement system rights, exemption from, exceptions 41.32.052 Trials 6.27.220 Wages child support 26.18.070, 26.18.080, 26.18.090, 26.18.100, 26.18.110, 26.18.120, 26.18.130, 26.18.140 hearing to quash, modify, or terminate 26.18.140 exemption of 6.27.150 form of writ 6.27.100 spousal maintenance 26.18.070, 26.18.090, 26.18.100, 26.18.110, 26.18.120, 26.18.140 hearing to quash, modify, or terminate 26.18.140 statement concerning in application for writ 6.27.060 Writ directed to financial institutions 6.27.080 Writs of garnishment amount garnishee required to hold, determination 6.27.090 answer forms contained with 6.27.070 bond to discharge writ 6.27.180 contents 6.27.070 amount garnishee is required to hold 6.27.090 state and political subdivisions 6.27.090 different garnishees 6.26.025 grounds for issuance 6.27.020 identity of defendant doubtful, procedure 6.27.290 issuance 6.27.070 notice of service or mailing to debtor, form 6.27.140 processing fees 6.27.095 service copy to defendant, effect of failure 6.27.130 effect of 6.27.120 manner of service 6.27.110 Wrongful garnishment, liability, damages 6.26.040 GAS COMPANIES (See PUBLIC UTILITIES, subtitle Gas companies) GAS LINES Franchises to construct along state highways 47.44.010 Taxation Ch. 84.12 GAS PLANTS (See PUBLIC UTILITIES, subtitle Gas plant) GASOHOL State owned motor vehicles, use of 43.41.130 GASOLINE (See also EXPLOSIVES; MOTOR VEHICLE FUEL) Alcohol, one percent or greater gasoline dispensing device label required 19.94.505 Containers, marking of 70.74.300 Energy freedom program generally Ch. 43.325 Invoices required for gas station deliveries 19.94.507 Oxygenated petroleum products label or notice requirements 19.94.505 Retail trading practices burden of proof 19.120.130 civil actions 19.120.110, 19.120.120 criminal actions 19.120.120 damage, rescission, or other relief 19.120.090 definitions 19.120.010 franchise considered personal property 19.120.040 offers, sales, or purchases, unlawful acts 19.120.070 real property or improvements, sale, right of first refusal 19.120.050 sale to corporation 19.120.030 sale to third party 19.120.020 limitation of actions 19.120.100 refiner-supplier prohibited conduct 19.120.060 rights and prohibitions between refinersupplier and retailer 19.120.080 Service stations advertising 9.04.090 gasoline vapor recovery devices, when required 70.94.165 Theft 46.61.740 GASOLINE BILL OF RIGHTS ACT (See GASOLINE, subtitle Retail trading practices) GEM State gem 1.20.090 GENDER Discrimination, See DISCRIMINATION Equality, See also SEXUAL EQUALITY IN PUBLIC SCHOOLS Gender-neutral terms statutes, memorials, resolutions 1.08.130, 44.04.210 Malicious harassment definition and criminal penalties 9A.36.080 legislative finding 9A.36.078 Rule of construction probate law 11.02.005 GENERAL ADMINISTRATION, DEPARTMENT OF Architecture division, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Engineering and architecture division Archives and records management division preservation of essential public documents 40.10.020 testing of processes 65.04.040 Bidding rules for preference reciprocity 43.19.704 Bonds of state officers and employees 43.41.360 Bonds to finance conservation measures 43.19.695 Branch offices 43.17.050 Capital improvements [RCW Index—page 317] GENERAL ADMINISTRATION, DEPARTMENT OF fuel cells and renewable or alternative energy sources 43.19.651 Capital improvements, 1983 bond issue administration of proceeds 43.83.188 Capital improvements, 1984 bond issue corrections department administration of proceeds 43.83.202 marine vessel, etc., for corrections department administration of proceeds 43.83.202 Capital improvements, legislature, 1981 bond issue duty to administer proceeds in state building construction account 43.83.176 Capitol buildings division, powers and duties 43.19.125 Central stores advance payments of agencies to 43.19.1925 combined purchases 43.19.1925 exchange of property between agencies 43.19.1921 general administration services account 43.19.1923 repair and maintenance of equipment 43.19.1921 warehouses, establishment and maintenance 43.19.1921 Child care for state employees’ children rental of suitable space 41.04.375 Commemorative works account 43.19.035 Commute trip reduction plan for agencies 70.94.551 Conservation measures, bonds to finance 43.19.695 Conservation measures in state buildings private investment 43.19.680 Consolidated mail service 43.19.710, 43.19.715, 43.19.720 Contracts subject to requirements of minority and women’s business enterprises office 43.19.536 Created 43.17.010 Director appointment 43.17.020 appointment and authority 43.19.010 chief assistant director 43.17.040 control of traffic on capitol grounds, director to promulgate rules 46.08.150 energy audits implementation plans 43.19.680 lease terms 43.19.685 oath 43.17.030 powers and duties 43.17.030, 43.19.011 salary 43.19.010 vacancy 43.17.040 Electronic products purchase, environmental standards 43.19.539 Energy audits, municipalities 43.19.691 Energy audits, state facilities definitions 43.19.670 implementation plan 43.19.680 lease terms 43.19.685 requirement, completion dates 43.19.675 Energy conservation in buildings landscape objectives at state facilities to include 43.19.682 tree plantings at state facilities encouraged 43.19.668 Energy conservation projects, duties Ch. 39.35C Energy efficiency in public buildings powers and duties transferred to department 43.19.123 Engineering and architecture division supervisor powers and duties 43.19.450 qualifications 43.19.450 Federal surplus property purchase, requisition, and selling procedures 39.32.040 rules and regulations 39.32.060 Financial institutions, department of apportionment of budgeted funds 43.320.016 [RCW Index—page 318] collective bargaining agreements unaffected 43.320.017 continuation of rules, pending, business, contracts, and obligations 43.320.014 transfer of banking, savings, and loan related powers, functions, and duties 43.320.011 civil service employees 43.320.013 equipment, records, and funds 43.320.012 validity of acts performed relating to transferred powers, duties, and functions 43.320.015 Fuel cells or alternative energy sources capital construction or renovation 43.19.651 General administration services account 43.01.090, 43.19.025, 43.19.500, 43.82.120, 43.82.125, 43.88.350 Health benefit programs, procurement for any governmental agency other than state agencies 41.04.220 High-performance public buildings LEED silver standards Ch. 39.35D Housing for state offices, departments and institutions acquisition of property and construction of buildings bond issues general administration construction fund transferred to general fund 43.79.423 eminent domain powers 43.82.030 procedures 43.82.010 state capitol committee, when approval of required 43.82.020 collocation and consolidation 43.82.010 insurance on buildings 43.82.140 lease of property 43.82.110 long-range planning 43.82.010 powers and duties of director 43.82.130 surplus space, lease 43.82.110 Inmate work programs automated data input and retrieval system 72.09.104 In-state preference clauses—reciprocity bidding, rules for reciprocity 43.19.704 intent 43.19.700 list of preference statutes of other states 43.19.702 Integrated pest management Ch. 17.15 Local government self-insurance authority risk manager, state immunity for disclosure of information required by state manager 48.62.171 investigation fee, state manager to establish and collect 48.62.161 multi-state program participation, requirements 48.62.081 program approval from state manager required 48.62.071 program approval or disapproval, state manager’s duties 48.62.091 state risk manager rule-making and standard setting authority 48.62.061 Minority and women’s business enterprises, office of contracts subject to requirements 43.19.536 Motor vehicle transportation service alternative fuel field tests, consideration of 43.19.570 biofuels, use 43.19.642, 43.19.643, 43.19.646, 43.19.647, 43.19.648 clean fuel vehicles, purchasing requirements 43.19.637 clean technologies 43.19.570 definitions 43.19.560 electric vehicle, use 43.19.648 employees retention of employment rights 43.19.590 transfer from other agencies 43.19.590 general administration services account deposits, disbursements 43.19.615 generally 43.19.610 personal motor vehicles, use on state business 43.19.630 powers and duties 43.19.565 repair facilities operation 43.19.570 rule making authority 43.19.620 supervisor of motor transport powers and duties 43.19.585 transfer of vehicles and property from highways motor pool 43.19.595 transfer of vehicles from other state agencies authorization 43.19.600 unauthorized use of state vehicles disciplinary action 43.19.635 vehicle operation and maintenance responsibility 43.19.570 Notification requirements 43.19.014 Occupancy of buildings, structures and facilities by state agencies billing 43.01.090 general administration services account, transfers and use to pay costs 43.01.090 rates 43.01.090 reimbursement for costs 43.01.090 rules and regulations 43.19.500 Office located at state capital 43.17.050 Paper products, purchase of, specifications established 39.24.050 Parking on state-owned or leased property director to set fees 46.08.172 Pest control integrated pest management Ch. 17.15 Plant operation and support program 43.82.160 Playground matting made from shredded waste tires duty to assist in development of product specifications and vendor identification 28A.335.300 Private investment in energy conservation measures for state buildings 43.19.680 Property transfers 43.19.205 Public benefit nonprofit corporations public purchase participation agreements, corporation may enter into agreement with department 39.34.055 Public purchase agreements public benefit nonprofit corporations may enter into participation agreement with department 39.34.055 Public purchases inmate work programs, purchase of products for state agencies 43.19.535 Purchasing acceptance of gifts or benefits prohibited, penalties 43.19.1937 bids bond of bidder 43.19.1915 competitive bids, exceptions 43.19.1906 letting of contract 43.19.1911 life cycle cost 43.19.1911 low bidder claiming error, prohibition on later bid for same project 43.19.1914 lowest bidder 43.19.1911 modification or cancellation 43.19.1911 rejection grounds 43.19.1913 solicitation 43.19.1908 violations concerning, penalty 43.19.1939 clean technologies 43.19.570, 43.19.663 compliance by state officers, employees, etc., required 43.19.200 correctional industries goods and services, exemption 43.19.1932 data processing equipment, leasing, exception, when 43.19.1901 disadvantaged or disabled persons, entities serving or providing opportunities definitions 43.19.525 fair market price 43.19.530 intent 43.19.520 vendors in good standing 43.19.531, 43.19.533 emergency purchases by state officers, etc. 43.19.200 (2008 Ed.) GIFT CERTIFICATES estimates, required of state officers, etc. 43.19.200 general administration services account 43.19.1923 leasing, included in definition of purchasing 43.19.1901 policy for purchasing and material control establishment, functions 43.19.1905 exemptions 43.19.19054 initial determinations, time 43.19.19052 prison work programs purchase of goods and services required, exceptions 43.19.534 purchasing, defined 43.19.1901 records of state purchases shall be available to members of the legislature, the legislative committees and legislative staff upon request 43.19.1917 recycled material definitions, preferences 43.19.538 recycled or reusable products and materials, preferential purchase authorized 43.19.1911 recycled products and recycled products vendors data base of, department to develop 43.19A.060 Purchasing committee, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle State purchasing advisory committee Purchasing division central stores advance payments of agencies to 43.19.1925 combined purchases 43.19.1925 exchange of property between agencies 43.19.1921 repair and maintenance of equipment 43.19.1921 warehouses, establishment and maintenance 43.19.1921 credit cards for state agencies 43.19.185 powers and duties 43.19.190 state purchasing and material control director appointment 43.19.180 powers and duties 43.19.190 Real estate inventory of unneeded property suitable for affordable housing 43.19.19201 Records state equipment 43.19.1917 Recycled products model procurement guidelines 43.19A.070 procurement education program 43.19A.070 product substitution list 43.19A.070 products data base of, department to develop 43.19A.060 recycled product standards 43.19A.020 vendors data base of, department to develop 43.19A.060 Rental income, disposition 43.82.120 Risk management rulemaking authority of director 4.92.240 Risk manager, state local government self-insurance authority immunity for disclosure of information required by state manager 48.62.171 investigation fee, state manager to establish and collect 48.62.161 multi-state program participation, requirements 48.62.081 program approval from state manager required 48.62.071 program approval or disapproval, state manager’s duties 48.62.091 rule-making and standard setting authority 48.62.061 Rules 43.17.060 State facilities private investment in conservation measures 43.19.680 State property (2008 Ed.) record of equipment 43.19.1917 sale, exchange of unneeded personal property 43.19.1919 Surety bonds for public officials and employees 43.17.100 Surplus property acquisition authorized 39.32.020 capitol building, original or historic furnishings exempt from designation 43.19.19190 computers and related equipment, donation to schools 43.19.19191 definitions 39.32.010 donation to homeless shelter 43.19.1920 federal surplus property 39.32.040 general administration services account, use 39.32.035 inventory of real property suitable for affordable housing 43.19.19201 leasing and acquisition 39.32.035 sale, exchange of unneeded personal property 43.19.1919 Visual arts program consultant duties 43.19.455 GENERAL ASSISTANCE (See PUBLIC ASSISTANCE) GENERAL CONTRACTORS (See CONTRACTORS) GENERIC DRUGS (See DRUGS, subtitle Prescription drugs) GEODUCKS (See FISH AND FISHING) GEOGRAPHIC NAMES State board adoption of names, procedure 43.126.055 approval required for naming or changing names 43.126.085 chairman 43.126.025 created 43.126.025 meetings 43.126.065 membership 43.126.025 policies, criteria 43.126.045 powers and duties 43.126.035 publication of adopted names 43.126.065 purposes 43.126.015 rules 43.126.065 travel expenses and compensation 43.126.075 Unlawful acts naming without board approval 43.126.085 GEOLOGICAL SURVEYS Geological survey of the state, provisions for Ch. 43.92 Right of entry upon lands for purpose of making 43.92.080 GEOLOGISTS Definitions 18.220.010 Examinations 18.220.080 Geologist licensing board authority 18.220.050 membership 18.220.030 Geologists’ account 18.220.120 Licenses application and fee 18.220.070 certificate and seal 18.220.090 permitted activities without certificate of licensing 18.220.190 renewal and reinstatement 18.220.110 required 18.220.020 requirements 18.220.060 suspension for noncompliance with child support order 18.220.160 Licensing, department of director’s authority 18.220.040 Licensure or certification without examination, requirements 18.220.100 Public bodies, use of soil scientist or geologist 18.220.210 Uniform regulation of business and professions act 18.220.200 Unprofessional conduct 18.220.130 GEOLOGY (See NATURAL RESOURCES, DEPARTMENT OF) GEOTHERMAL RESOURCES Administration, department of natural resources 78.60.050 Authority of department 78.60.180 Combining orders, unitization programs, and well spacing, authority of department 78.60.160 Confidentiality of records 78.60.230 Damages, recovery procedure 78.60.260 Definition 78.60.030 Drilling permits applications 78.60.070 criteria for granting 78.60.080 fees 78.60.070 hearing 78.60.070 Drilling records and logs, inspection, filing 78.60.200 Employment of personnel by department 78.60.190 Evidence, records 78.60.230 Federal act revenues, allocation appropriation for exploration and assessment 43.140.060 definitions 43.140.020 geothermal account created, deposit of revenues 43.140.030 distribution limitations 43.140.040 funds distribution to county of origin 43.140.050 purpose 43.140.010 termination 43.140.900 Heat suppliers, See HEAT SUPPLIERS Heating systems, See HEATING SYSTEMS Injunctions 78.60.270 Judicial review 78.60.280 Legislative declaration 78.60.010 Performance bond or other security 78.60.130 termination, when 78.60.140 Production records, filing 78.60.220 Records confidentiality of 78.60.230 as evidence 78.60.230 removal, destruction, alteration of, prohibited 78.60.240 Scope of chapter 78.60.060 Service of process, designation of resident agent 78.60.170 Severability 78.60.900 short title 78.60.020 Sui generis determination 78.60.040 Violations aiding or abetting 78.60.300 modifications, departmental orders 78.60.250 penalties 78.60.290 Wells sale, exchange, transfer, notification of 78.60.150 Wells or core holes abandonment or suspension of operations, notice, procedure 78.60.120 casing requirements 78.60.090 completion, abandonment or suspension of operations, filing with department 78.60.210 plugging and abandonment jurisdiction transfer to department of ecology, when 78.60.100 requirements 78.60.100 suspension of drilling, shut-in or removal of equipment for authorized period 78.60.110 unlawful abandonment 78.60.110 GIFT CERTIFICATES Abandoned 19.240.080 Agreement in violation of chapter 19.240.110 Application of chapter 19.240.900 Bankruptcy, provisions 19.240.090 Definitions 19.240.010 Dormancy or inactivity charge 19.240.040 Expiration date artistic and cultural organizations 19.240.060 [RCW Index—page 319] GIFT OF LIFE MEDAL donation to charitable organization 19.240.050 format 19.240.070 requirements 19.240.030 Financial institutions, issued by 19.240.100 Held in trust by issues, value 19.240.090 Intent 19.240.005 Statement, format 19.240.070 Unclaimed property act 63.29.140 Unlawful acts 19.240.020 GIFT OF LIFE MEDAL (See ANATOMICAL GIFTS) GIFT TAX (See TAXES - ESTATE AND TRANSFER) GIFTS Anatomical gifts 68.50.500 Counties, planning agencies, acceptance of 36.70.300 Gift of life award Ch. 1.50 Insurance, gifts as illegal inducements, limitation on value 48.30.150 Judges’ retirement fund, to 2.12.050 Minors, transfers to Ch. 11.114 State parks gift foundation Ch. 79A.70 Unauthorized goods or services are gifts 19.56.020 Unsolicited goods or services Ch. 19.56 GINSENG Certification and grower registration Ch. 15.19 GLASS Sunscreening and coloring of glass on motor vehicles 46.37.430 GLAUCOMA Controlled substances therapeutic research program Ch. 69.51 GOATS (See LIVESTOCK) GOING OUT OF BUSINESS SALES (See SALES, subtitle Going out of business sales) GOLD (See also MINES AND MINING) Metals mining and milling operations, See MINES AND MINING Misrepresentation as to carat or fineness, penalty 9.16.140 Pawnbrokers and second-hand dealers 19.60.010 GOLF Courses cities and towns, acquisition and control 35.21.020 county, authority to construct, regulate and charge for use of 36.68.090 pesticide applications marking of treated landscape property 17.21.410 Sweepstakes authority 9.46.0341 GONORRHEA (See VENEREAL DISEASES) GOOD FAITH Habeas corpus, in forma pauperis proceeding 7.36.250 GOOD FAITH PURCHASER Stolen property, does not divest owner of rights 10.79.050 Supplemental proceedings transferee of judgment debtor, effect 6.32.070 GOOD SAMARITAN LAWS (See also EMERGENCY, subtitle Emergency care or transportation; IMMUNITY, subtitle Persons rendering emergency care or transportation) Accident victims, aid to 4.24.300, 4.24.310 Food donations collecting, distributing, and gleaning 69.80.031 Hazardous materials incidents 70.136.070 Infectious disease testing 70.05.180 Mine rescue or recovery work 38.52.198 [RCW Index—page 320] GOODS Personal property, See PERSONAL PROPERTY Sales of, See SALES GOVERNMENTAL CONTINUITY IN EVENT OF ENEMY ATTACK Authority of legislature to enact legislation Const. Art. 2 § 42 Provisions suspended during emergency legislature, quorum and passage of bills Const. Art. 2 § 42 seat of government Const. Art. 2 § 42 state records Const. Art. 2 § 42 succession to governor Const. Art. 2 § 42 GOVERNOR Acquisition and disposition of highway property, governor’s powers and duties relating to Ch. 47.12 Actions against state, power to direct attorney general to appear for state 43.06.010 Aging, council on established as advisory council 43.20A.680 Agriculture, department of annual report to governor 43.23.130 director, appointment 43.23.002 Annual financial report of all funds and account groups 43.88.027 Appointing board veterans affairs, department of director 43.60A.030 Appointing power accountancy, board of 18.04.035 adjutant general 38.12.010 administrator for the courts, submission of list for appointment from 2.56.010 advisory committee on vendor rates 74.32.100 architects’ board of registration 18.08.330 Asian Pacific American affairs commission, executive director 43.117.040 board of forest practices appeals board 76.09.210 building code council 19.27.070 cemetery board 68.05.040 chiropractic quality assurance commission 18.25.0151 clemency and pardons board 9.94A.880 collection agency board 19.16.280 community economic revitalization board 43.160.030 court of appeals judges additional members 2.06.075 new positions created by chapter 420, Laws of 1993 2.06.076 qualifications 2.06.070 dental quality assurance commission 18.32.0351 department of services for the blind, director 74.18.040 detention, interstate agreement on, administrator 9.100.060 director of financial management 43.41.060 director of the state lottery 67.70.050 directors of state departments and agencies 43.17.020 ecology department director 43.21A.050 electrical board 19.28.311 emergency medical services licensing and certification advisory committee 18.73.040 energy facility site evaluation council, chair 80.50.030 engineers and land surveyors, board of registration for 18.43.030 escrow commission 18.44.500 fish and wildlife, department director 77.04.080 fish and wildlife commission 77.04.030 funeral directors and embalmers, board of 18.39.173 general administration, department director 43.19.010 hearing and speech, board of 18.35.150 historic preservation, advisory council on 27.34.250 housing finance commission 43.180.040 indeterminate sentence review board 9.95.003 industrial insurance appeals, board of 51.52.010 interstate compact on placement of children, compact administrator 26.34.070 judges of superior court Const. Art. 4 § 5 judges of supreme court 2.04.100, Const. Art. 4§3 landscape architects, board of registration for 18.96.040 license examining committee 43.24.060 licensing department director 43.24.005 liquor control board 66.08.012 medical quality assurance commission 18.71.015 migratory waterfowl art committee 77.12.680 militia officers Const. Art. 10 § 2 nursing care quality assurance commission 18.79.070 nursing home administrators, board of 18.52.040 occupational therapy practice, board of 18.59.120 optometry board 18.54.030 organized crime advisory board 43.43.858 pacific northwest electric power and conservation planning council, members to 43.52A.030 parks and recreation commission 79A.05.015 personnel resources board 41.06.110 pharmacy, board of 18.64.001 physical therapy board 18.74.020 plumbers, advisory board of 18.106.110 podiatric medical board 18.22.013 pollution control hearings board 43.21B.020 public disclosure commission 42.17.350 public employment relations commission members 41.58.010 public printer 43.78.010 railroad policemen 81.60.010 real estate commission 18.85.021 regents of educational institutions Const. Art. 13 § 1 rehabilitation council for the blind 74.18.070 securities advisory committee 21.20.550 state arts commission 43.46.015 state board of health 43.20.030 state council on aging 43.20A.685 state lottery commission 67.70.030 state patrol chief 43.43.020 state school for blind, board of trustees 72.41.020 state school for deaf, board of trustees 72.42.021 state school for the blind, superintendent for 72.40.020 state school for the deaf, superintendent for 72.40.019 superior court, replacement of judges appointed to court of appeals, qualifications 2.06.070 superior court vacancy 2.08.069, 2.08.120, Const. Art. 4 § 5 superior court visiting judges 2.08.140 supreme court vacancy 2.04.100, Const. Art. 4 §3 traffic safety commission director 43.59.060 members 43.59.030 transportation commission 47.01.051 uniform legislation commission 43.56.010 University of Washington board of regents 28B.20.100 utilities and transportation commission 80.01.010 vacancies in office filled by Const. Art. 3 § 13 in legislature, when Const. Art. 2 § 15 in superior court, filled by Const. Art. 4 § 5 in supreme court, filled by 2.04.100, Const. Art. 4 § 3 (2008 Ed.) GOVERNOR veterinary board of governors 18.92.021 Appointments appointees’ continuation of service 43.06.092 notice to secretary of senate 43.06.030 reappointment after termination of service 43.06.092 records of to be kept 43.06.020 removal of appointive officers 43.06.070 removal prior to senate confirmation 43.06.094 vacancy, filing unexpired term 43.06.092 Approval of laws Const. Art. 3 § 12 Assemblies, state of emergency, power to suppress unlawful assemblies 43.06.010 Attorney general actions against state, may direct attorney general to appear for state 43.06.010 advice to governor 43.10.030 corporations, may require attorney general to inquire into 43.06.010 may require to aid any prosecuting attorney 43.06.010 Background checks, agency heads 43.06.013 Boards and commissions approval of boards or commissions not required by statute 43.41.240 exceptions to review requirements 43.41.230 review by governor, report on termination or transfer 43.41.220 Budget, development 43.88.090 Child abuse and neglect, council for children and families Ch. 43.121 Cigarette tax contracts eligibility, tax rate 43.06.460 Puyallup tribe 43.06.465 requirements, definitions 43.06.455 Civil rights of convict, restoration of 9.96.010, 9.96.020, 9.96.030 Commander-in-chief of state militia Const. Art. 3 §8 Commissions issued by state, signed by Const. Art. 3 § 15 Community mobilization against substance abuse powers and duties Ch. 43.270 Commutation of death sentence, power to commute 10.01.120 Continuity of government in event of enemy attack, succession to office of governor 42.14.020, Const. Art. 2 § 42 Corporations, power to require attorney general or prosecuting attorney to inquire into affairs of 43.06.010 Detainers, interstate request for temporary custody, notice to prisoner and governor 9.100.070 Developmentally disabled persons protection and advocacy of rights, program to implement 71A.10.080 Disaster, power to call state of emergency 43.06.010 Driver license compact, executive head 46.21.040 Economic opportunity type programs, participation in 43.06.110 Education ombudsman, office of annual reports 43.06B.050 confidentiality 43.06B.040 creation, purpose, appointment 43.06B.010 liability 43.06B.030 powers and duties, ombudsman 43.06B.020 Election of Const. Art. 3 § 1 Elections proclamations, power to issue 43.06.010 Emergency declarations state register, contained in 34.08.020 Emergency management powers and duties Ch. 38.52 Energy emergency powers, duties call state of emergency 43.06.010 powers and duties 43.21G.040, 43.21G.090 Energy facilities (2008 Ed.) recommendations petroleum products transmission facilities, considerations in making 80.50.105 site location, review, approval 80.50.100 Environmental enhancement and job creation task force membership and duties 43.21J.030 Ethics in public service suspension of state action pending determination of controversy 42.52.510 Execution of laws Const. Art. 3 § 5 Executive orders state register, contained in 34.08.020 Extradition agents appointment of 10.34.030 Extradition proceedings application for requisition for return of person, filed by 10.88.410 demand for 10.88.400 demand from another state investigation report of attorney general or prosecuting attorney 10.88.230 requirements 10.88.220 issue of warrant to agent 10.88.400 powers and duties as to 10.34.030 Family and children’s ombudsman, office of establishment and duties Ch. 43.06A Federal funds and programs acceptance, administration and disbursal 43.06.120 travel expenses of agencies created to meet federal requirements 43.06.130 Federal surplus purchasing program, duties 39.32.040 Financial management, office of advisory or coordinating councils, authority to establish and appoint 43.41.120 in office of governor 43.41.050 Financial report annual, all funds and account groups 43.88.027 Fines, power to remit Const. Art. 3 § 11 Foreign nationals or citizens convicted offenders transfer procedure 43.06.350 Forfeitures, power to remit Const. Art. 3 § 11 Funds, receipt of by state, agent 43.79.260 Gift of life award Ch. 1.50 Governor-elect, expenses of office, appropriation by legislature for 43.06.055 Health disparities, interagency coordinating council on, See HEALTH, STATE BOARD OF Highway construction bonds and coupons, governor to sign 47.10.030, 47.10.170, 47.10.300, 47.10.430, 47.10.708 Highway toll facility property sale, deed executed by 47.56.255 Impeachment Const. Art. 5 § 2 Indian gambling compacts authority to execute 43.06.010 Indians, assumption of state jurisdiction, proclamation by governor 37.12.021 International relations and protocol, office of authority of office 43.290.020 created 43.290.010 finding and purpose 43.290.005 Internship program agency full time equivalent limitations unaffected 43.06.435 coordinator 43.06.415 employment experience, civil service credit 43.06.425 established 43.06.410 executive fellows program 43.06.420 governor’s duties 43.06.410 rules 43.06.415 state civil service exemption 41.06.088 undergraduate internship program 43.06.420 Interstate compact on juveniles, duties Ch. 13.24 Interstate oil compact commission, joinder by 43.06.015 Jails emergency in population alternatives 9.94A.875 Judges’ retirement applications, doctors’ examination report, approval and filing of 2.12.020 Judicial officers, extension of leave of absence of Const. Art. 4 § 8 Labor and industries, department, annual report to governor 43.22.330 Law enforcement medal of honor Ch. 41.72 Legal holidays proclamation process, applicability to courts 2.28.100 Legislature extraordinary session, may convene Const. Art. 3 § 7 messages to Const. Art. 3 § 6 Lieutenant governor notification of absence, assumption of duties of governor 43.06.040 office of Ch. 43.15 powers and duties of acting governor 43.06.050 Management and control of state publications, duties as to 40.07.040 Medal of merit Ch. 1.40 Medal of valor Ch. 1.60 Messages to legislature Const. Art. 3 § 6 Military impacted area authority to declare 43.06.115 Militia and military affairs commander-in-chief of militia 38.08.020, Const. Art. 3 § 8 compacts with other states for guarding boundaries 38.08.100 emergency mobilization Const. Art. 10 § 2 martial law, proclamation by, when 38.08.030 officers, commissioned by Const. Art. 10 § 2 personal staff 38.08.070 rules promulgated by 38.08.090 strength, composition, training, etc., prescribed by 38.04.040 OASI, agreement of state for participation of state and political subdivision, employees duties concerning 41.48.030 Oath of office 43.01.020 Official bonds, approval of 42.08.100 Organized crime advisory board 43.43.862 Pardons authorized 9.94A.728 clemency and pardons board established 9.94A.880 recommendations 9.94A.885 power to grant 9.94A.728, 10.01.120 report to legislature of Const. Art. 3 § 9, Const. Art. 3 § 11 restrictions prescribed by law Const. Art. 3 § 9 Paroles, governor may revoke 9.95.160 Plant pests emergency action 43.06.010 Powers and duties, generally 43.06.010, Const. Art. 3 § 5 Proclamations authority of governor to issue 43.06.010 elections, power to issue 43.06.010 expense of publishing, paying 43.06.060 state of emergency 43.06.210 Prosecution of as adults, sixteen year olds and over who violate provisions of 43.06.260 Public disorder, state of emergency definitions 43.06.200 power to suppress 43.06.010 proclamations, issuance 43.06.210 Public printing bills, requisition approved by governor 43.78.040 Puget Sound ferry system, governor’s powers and duties relating to Ch. 47.60 Quality award program, council 43.06.335 Records, residence, at seat of government Const. Art. 3 § 24 Records kept by appointments 43.06.020 disbursement of state moneys 43.06.020 [RCW Index—page 321] GOVERNOR-ELECT pardons 43.06.020 paroles 43.06.020 restoration of civil rights 43.06.020 Registry of governor’s acts kept by secretary of state 43.07.030 Remission of fines and forfeitures Const. Art. 3 § 11 report to legislature with reasons Const. Art. 3 § 11 Removal of appointive officers filling vacancy caused by 43.06.090 grounds 43.06.070 power of 43.06.070 prior to senate confirmation 43.06.094 statement of grounds, filing of 43.06.080 Reports to advisory committee on vendor rates, reports on rates for hospital charges 74.32.130 annual report by state officers, etc., period covered 43.01.035 associations, municipal corporations 44.04.170 center for international trade in forest products, funding sources 76.56.050 department of transportation 47.01.141 budget for expenditures 47.26.440 energy facility site evaluation council 80.50.040 financial management, office of, director of 43.41.100 fish and wildlife director 77.04.120 horse racing commission 67.16.015 indeterminate sentence review board 9.95.265 labor and industries director 43.22.330 licensing, departmental activities 46.01.290 management and control of state publications, duties as to 40.07.040 motor vehicle administration report, annually, by director 46.01.290 municipal corporations, associations 44.04.170 operational activities, recommendations for future operations, department of transportation 47.01.141 power of governor to demand 43.06.010, Const. Art. 3 § 5 school directors association 44.04.170 state arts commission 43.46.070 state board of health 43.20.100 state committee on agency officials’ salaries 43.03.028 state officers Const. Art. 3 § 5 state patrol, fire protection 43.44.100, 48.48.110 state publications, management and control of 40.07.040 summary of proposed construction, department of transportation 47.01.141 supreme court to report defects or omissions in laws 2.04.230 veterans’ rehabilitation council 43.61.040 Reprieves power to grant 10.01.120 report to legislature Const. Art. 3 § 11 Residence at seat of government Const. Art. 3 § 24 Resignation by state officers and members of legislature made to 42.12.020 Rewards power to offer, limitation on amount 43.06.010 record of to be kept 43.06.020 Riots, state of emergency, power to suppress 43.06.010 Salary of governor, amount of 43.03.010, Const. Art. 28 § 1 Sale of unneeded toll facility property, governor to execute deed 47.56.255 Salmon recovery and habitat restoration Ch. 77.85 Security and protection of governor, governorelect, duty of state patrol to provide 43.43.035 [RCW Index—page 322] Social and health services, department of, plan for divisions of, governor to approve 43.20A.060 State capitol committee member 43.34.010 State finance committee member 43.33.010 State militia, authority of governor to call during state of emergency 43.06.270 State of emergency definition 43.06.200 penalties general unlawful conduct during 43.06.240 malicious destruction of property or injury to person 43.06.230 public official, failing to heed orders of, penalty 43.06.250 violating order of governor 43.06.230 powers of governor pursuant to proclamation 43.06.220 proclamation, authority to issue 43.06.010 state militia, authority of governor to call during 43.06.270 state patrol, authority of governor to call during 43.06.270 unlawful conduct during, penalty 43.06.240 State patrol, authority of governor to call during state of emergency 43.06.270 Strikes, power to suppress 43.06.010 Succession in event of enemy attack Const. Art. 2 § 42 Succession to governorship Const. Art. 3 § 10 threats against next in order of, penalty 9A.36.090 Superior court judge, assignment to another county Const. Art. 4 § 5, Const. Art. 4 § 7 Supreme executive power vested in Const. Art. 3 §2 Tax exemptions periodic review and submission of recommendations to legislature 43.06.400 Term of office 43.01.010, Const. Art. 3 § 2 Threats against, or immediate family, penalty 9A.36.090 Timber harvest excise tax agreements 43.06.475, 43.06.480 Toll bridge bonds, governor to countersign 47.56.140 Toll bridges, improvement of existing bridge and construction of new bridge as single project, governor’s powers and duties relating to Ch. 47.58 Trade representative, office of Washington state, purpose and authority Ch. 43.332 Traffic safety commission, powers and duties Ch. 43.59 Transfer of convicted offenders foreign nationals or citizens 43.06.350 Uniform criminal extradition act, authority 10.88.210 Uniform interstate family support act Ch. 26.21A Vacancies in office filled by Const. Art. 3 § 13 in legislature, when Const. Art. 2 § 15 in superior court Const. Art. 4 § 5 in supreme court Const. Art. 4 § 3 Vacancy in office of governor election to fill Const. Art. 3 § 10 succession to Const. Art. 3 § 10 Veto enactment of laws, veto of bill and passage over Const. Art. 3 § 12 initiatives and referendums, power does not extend to Const. Art. 2 § 1 power of Const. Art. 3 § 12 two-thirds vote necessary to pass bill over Const. Art. 3 § 12 veto and return of bill with objections Const. Art. 3 § 12 Washington health care authority chairman 70.37.030 GOVERNOR-ELECT Budget and accounting system, input 43.88.090 Threats against, penalty 9A.36.090 GRADES AND PACKS (See FRUITS; VEGETABLES) GRAFFITI Criminal street gang tagging and graffiti, penalties 9A.48.105 Malicious mischief in third degree, when 9A.48.090 Parents’ liability for children’s acts 4.24.190 GRAFT (See BRIBERY AND GRAFTING) GRAIN Agriculture, department of director’s powers and duties 43.23.110 Dealer license application 22.09.045 bond action on by depositor 22.09.615 action on by director 22.09.570, 22.09.580, 22.09.590, 22.09.600, 22.09.610 bonds or security 22.09.090 commodities payment requirements 22.09.620 deferred price contract 22.09.175 depositor’s claims 22.09.381 depositor’s lien 22.09.371, 22.09.391 emergency storage situations 22.09.660 fees, penalty for late renewal 22.09.055 inspections procedure 22.09.345 insurance, bond, certificate of deposit 22.09.060 issuance, duration 22.09.075 multiple applicants, single bond 22.09.095 required 22.09.035 Grain indemnity fund 22.09.411 Grain indemnity fund program 22.09.405, 22.09.416, 22.09.421, 22.09.426, 22.09.431, 22.09.436, 22.09.441, 22.09.446, 22.09.451, 22.09.456, 22.09.461, 22.09.466, 22.09.471 Warehouses agriculture department director’s powers and duties 43.23.110 tax exemption 82.08.820, 82.12.820 tax exemption, applicability 82.14.820 Weighing and weight certification for highway transport Ch. 15.80 GRAIN AND TERMINAL WAREHOUSES (See also WAREHOUSES) Port districts, acquisition and operation of facilities 53.08.020 GRAND JURY Authorized 2.36.020 Coroner’s inquest, See CORONERS, subtitle Inquests Criminal investigations attorney general, duties 10.27.070 attorneys at law restrictions 10.27.080 witness entitled to 10.27.080 court reporter 10.27.070 definitions 10.27.020 duration of sessions 10.27.110 evidence subpoenas to witnesses 10.27.140 testimony of witnesses privileged 10.27.090 use and availability of 10.27.090 extension of sessions 10.27.110 foreman 10.27.070 guard 10.27.070 indictment number necessary for 10.27.150 presented to court 10.27.150 inquiry as to offenses 10.27.100 interpreter 10.27.070 jurors, discharge 10.27.060 jurors, personal knowledge of crime, shall declare 10.27.100 legal advisers 10.27.070 members, selection of 10.27.040 oath and affirmations of witnesses 10.27.070 personal knowledge of jurors of crime, shall declare 10.27.100 (2008 Ed.) GROWTH MANAGEMENT persons authorized to attend 10.27.080 prosecuting attorney, duty to attend and advise 10.27.070 purpose 10.27.010 quorum 10.27.070 report, release to public, when 10.27.160 secrecy privileged testimony 10.27.090 proceedings 10.27.090 secrecy enjoined 10.27.090 secretary 10.27.070 sessions, duration, extension of 10.27.110 short title 10.27.010 special inquiry judge 10.27.050 special prosecutor 10.27.070 summoning 10.27.030 witnesses 10.27.070 Depositions, disclosure of, penalty 9.51.060 Disclosing transactions, penalty 9.51.050 Immunity from prosecution on basis of selfincriminating testimony 10.27.130 Indictment, motions to set aside, grounds 10.40.070 Inquests, See CORONERS, subtitle Inquests Jurors acting after challenge allowed, penalty 9.51.040 expense payments 2.36.150 Oath, form of 10.27.070 On order of superior court only Const. Art. 1 § 26 Prosecuting attorney special deputies 36.27.040 Right to counsel 10.27.120 Secrecy, oath of secrecy 10.27.070 Self-incrimination, privilege against 10.27.120 Summon, power to Const. Art. 1 § 26 Transcript of testimony, disclosure of, penalty 9.51.060 Witnesses, attorneys at law, entitled to 10.27.080 GRAND LARCENY (See LARCENY) GRANDPARENTS Visitation rights of grandparents and other persons 26.09.240 GRANGES Incorporation Ch. 24.28 GRANT COUNTY Boundaries, tracing of 36.04.130 Superior court judges, number of 2.08.065 GRANTED LANDS (See PUBLIC LANDS, subtitle State lands) GRANTOR AND GRANTEE Conveyances of fee title by state or political subdivision, recording by grantor at time of delivery required, effect 65.08.095 GRANTS (See also GIFTS) Job skills program 28C.04.420 Quo warranto proceedings, annulment or vacation of grant 7.56.150 GRANTS-IN-AID Cities and towns, housing authorities, authority to accept 35.82.200 Regional planning commissions 35.63.070, 36.70.060 GRAPES (See FRUITS; WINE COMMISSION) GRASS BURNING RESEARCH ADVISORY COMMITTEE (See ECOLOGY, DEPARTMENT OF, subtitle Grass burning research advisory committee) GRAVEL County roads and bridges, See COUNTY ROADS AND BRIDGES, subtitle Crushed rock, gravel, and other road building material Public lands aquatic lands—valuable materials, sale of Ch. 79.140 valuable materials, sale of Ch. 79.15 (2008 Ed.) GRAVES (See also BURIAL AND INTERMENT; CEMETERIES) Grave robbing 68.60.040 Historic graves dedication 68.60.020 definitions 68.60.010 destruction or damage 68.60.050 violations, penalties 68.60.060 Indian graves Ch. 27.44 protection civil action by tribe or member 27.44.050 criminal sanctions 27.44.040 skeletal human remains, duty to notify 27.44.055 Unlawful damage civil liability 68.56.020 exceptions 68.56.030 penalty 68.56.010 GRAYS HARBOR COUNTY Boundaries, tracing of 36.04.140 Pilotage service 53.08.390 Southwest Washington fair commission, abolished 36.90.020 Superior court judges, number of 2.08.062 GRAZING Fish and wildlife department-owned fish and wildlife goals, implementation 77.12.204 GREEN HILL SCHOOL Generally Ch. 72.16 GREEN RIVER GORGE CONSERVATION AREA (See PARKS AND RECREATION) GREEN STAMPS Trading stamp regulations Ch. 19.84 GREENHOUSE GAS EMISSIONS Baseload electric generation performance standard consumer-owned utilities 80.80.070 definitions 80.80.010 electrical companies 80.80.060 findings, intent 80.80.005 performance standards 80.80.040, 80.80.080 public comment 80.80.050 reduction goals 80.80.030 Green economy jobs growth initiative 43.330.310 New vehicle greenhouse gas emissions disclosure 70.120A.050 Reporting of emissions, rules adoption 70.94.151 Statewide reduction climate impact groups, consultation 70.235.040 definitions 70.235.010 findings, intent 70.235.005 regional multisector market-based system, design development 70.235.030 reporting requirements 70.235.020 GREYWATER (See WASTEWATER) GRIZZLY BEARS (See WILDLIFE) GROCERY STORES Beverage crate and merchandise pallet theft 9A.56.010 Grocery distribution cooperatives business and occupation tax 82.04.298 Shopping cart theft definitions 9A.56.010 unlawful acts, misdemeanor 9A.56.270 GROSS MISDEMEANOR Bail jumping 9A.76.170 Coercion 9A.36.070 Compounding 9A.76.100 Computer trespass second degree 9A.52.120 Criminal assistance, rendering of first degree, when 9A.76.070 second degree, when 9A.76.080 Criminal conspiracy, when 9A.28.040 Criminal trespass, first degree 9A.52.070 Deferred prosecution program Ch. 10.05 Defined, for Criminal Code 9A.20.010 Escape third degree 9A.76.130 False certification 9A.60.050 False reporting or warning of public disturbance 9A.84.040 False swearing 9A.72.040 Fingerprints and other identifying data transmit to state patrol 10.98.050 Gambling unlicensed employee 9.46.198 Jury tampering 9A.72.140 Limitation of action 9A.04.080 Making or having burglar tools 9A.52.060 Malicious mischief, when 9A.48.090 Obscuring identity of a machine 9A.56.180 Official misconduct by public servant 9A.80.010 Pet animals, taking, concealing, injuring, killing, etc. 9.08.070 Possessing stolen property, third degree 9A.56.170 Probation services assessment for services 10.64.120 Punishment, crime victim’s compensation, penalty assessment 7.68.035 Punishment when not fixed by statute 9.92.020 Reckless burning second degree 9A.48.050 Riot, when 9A.84.010 Sentences, authorized 9A.20.020, 9A.20.021 Sexual exploitation of children reporting 9.68A.080 State lottery false or misleading statement 67.70.150 violation of rules 67.70.170 Tampering with physical evidence 9A.72.150 Theatrical enterprises wages, bond or cash deposit 49.38.060 Theft, third degree 9A.56.050 Unlawful issuance of checks or drafts 9A.56.060 Unlawful stop-payment order 9A.56.060 Vehicle prowling second degree 9A.52.100 GROUP CARE FACILITIES HOPE centers for street youth eligibility 74.15.225 requirements 74.15.220, 74.15.250, 74.15.260, 74.15.270 Juvenile infractions or violations, reporting 74.15.210 Licenses denial, revocation, suspension, modification 74.15.132 Semi-secure facility, designation as, authorized 74.15.180 Service providers violations, reporting 74.15.210 Street youth responsible living skills program 74.15.230, 74.15.240, 74.15.250, 74.15.260, 74.15.270 GROUP HOMES Abuse, investigation prior to licensure or relicensure 74.15.030 Evaluations and data, availability 43.20A.850 Investigate for abuse prior to licensure or relicensure 74.15.030 Licenses suspension for noncompliance with support order 74.15.134 GROUP TRAINING HOMES (See RESIDENTIAL SCHOOLS, subtitle Group homes) GROWTH MANAGEMENT Agricultural lands innovative zoning techniques 36.70A.177 viability 36.70A.560, 36.70A.5601 Aquifer zones 36.70A.550 Community, trade, and economic development, department of [RCW Index—page 323] GUARANTY FUND departmental responsibilities 43.330.120 Comprehensive planning by cities and counties airports, general aviation 36.70A.510 cities and counties required to plan, compliance 36.70A.040 classification of agriculture, forest, and mineral lands and critical areas guidelines 36.70A.050 climate change mitigation 36.70A.580 comprehensive plans 36.70A.140 accessory apartments 36.70A.400 coordination with other plans 36.70A.100 environmental planning pilot projects 36.70A.385 extension of designation date 36.70A.380 identification of lands useful for public purposes 36.70A.150 innovative techniques 36.70A.090 major industrial developments 36.70A.365 mandatory elements 36.70A.070 master planned resorts, when authorized by county 36.70A.360 mineral resource lands 36.70A.131 new fully contained communities, when approved in county planning 36.70A.350 noncompliance 36.70A.330 noncompliance and sanctions 36.70A.340, 36.70A.345 open space corridors, identification and purchase of 36.70A.160 optional elements 36.70A.080 order of invalidity 36.70A.335 planning activities and capital budget decisions, conformity with 36.70A.120 presumption of validity 36.70A.320 private property protection 36.70A.370 residential structures occupied by persons with handicaps 36.70A.410 review, amendments 36.70A.130 state agencies to comply 36.70A.103 sufficient land capacity for development 36.70A.115 transmittal to state 36.70A.106 transportation element 36.70A.108 urban growth areas 36.70A.110 county-wide planning policy 36.70A.210 definitions 36.70A.030 development project review process 36.70A.470 development regulations presumption of validity 36.70A.320 transmittal to state 36.70A.106 global warming mitigation and adaptation program 36.70A.5801 greenbelts or open space, adverse possession 36.70A.165 growth management hearings boards appeal by state, limitations 36.70A.310 conduct, procedure, and compensation 36.70A.270 created 36.70A.250 expedited review 36.70A.305 final orders 36.70A.300 invalidity, determination 36.70A.302 judicial review 36.70A.295 matters subject to board review 36.70A.280 member qualifications 36.70A.260 petitions to, evidence 36.70A.290 growth strategies commission, role 36.70A.800 legislative findings 36.70A.010, 36.70A.011 master planned locations 36.70A.367, 36.70A.368 master planned resorts 36.70A.362 military installations, incompatible development 36.70A.530 natural resource lands and critical areas designation 36.70A.170, 36.70A.172 development regulations 36.70A.060 planning goals 36.70A.020 playing fields, compliance 36.70A.171 progress reports 36.70A.180 public participation 36.70A.035 [RCW Index—page 324] review and evaluation program 36.70A.215 shoreline master programs 36.70A.480 siting of essential public facilities 36.70A.200 submittal phasing 36.70A.045 technical assistance, grants, and mediation services 36.70A.190 watershed restoration projects, permit processing 36.70A.460 wetlands delineation 36.70A.175 Development project review and permit procedures Ch. 36.70B Development projects review process 36.70A.470 Environmental permits project review and permit procedures Ch. 36.70B Evergreen community ordinances 36.01.260 Forest practices 36.70A.570 Growth management planning and environmental review fund, creation and use 36.70A.490, 36.70A.500 Growth strategies commission role of 36.70A.800 Historic preservation national historic towns, designation 36.70A.520 Impact fees limitations 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100 voluntary agreements 82.02.020 Impact fees, See also LAND DEVELOPMENT, subtitle Impact fees Inventory and collection of data relating to department of community, trade, and economic development duties 43.63A.550 Land use decisions appeals and award of fees and costs 4.84.370 Land use petitions, judicial review Ch. 36.70C Public works assistance account loans or pledges, eligibility 43.155.070 Transportation regional transportation planning organizations allocation of funds 47.80.050 authorization, organizational requirements 47.80.020 comprehensive plans, guidelines, and principles 47.80.026 duties 47.80.023 executive board membership 47.80.060 legislative findings and declaration 47.80.010 plan contents, review, and use 47.80.030 state facilities and local plans, relationship 47.80.011 transportation department duties 47.80.070 transportation policy boards 47.80.040 regional transportation planning requirements majority vote on state matters 47.80.080 Transportation projects environmental review collaborative process 36.70A.430 intent 36.70A.420 GUARANTY FUND (See INSURANCE, subtitle Title insurers) GUARANTY STOCK Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Guaranty stock savings and loan associations GUARDIAN AD LITEM Attorneys serving as guardian, restrictions on service as pro tempore judge or court commissioner 2.08.185 Child abuse appointment of guardian ad litem 26.44.053 Court-appointed special advocate program 26.12.175 confidentiality 26.12.180 ex parte communications 26.12.187 fees 26.12.183 release of information 26.12.185 Court-appointed special advocate programs, duties of department of community, trade, and economic development 43.330.135 Dependent children custody proceedings 13.34.100 duties, information access, and immunity 13.34.105 fees 13.34.108 registry 13.34.102 removal, cause 13.34.107 training and selection 13.34.102 Eminent domain proceedings appointment for minor or incapacitated person 8.25.270 Execution against for costs against infant plaintiff 4.84.140 Family court authority to appoint, duties 26.12.175 Incapacitated persons appearance in civil action 4.08.060 appointment for civil actions 4.08.060 Liability for costs against infant plaintiffs 4.84.140 Mandatory use and certification, review of advisability and feasibility 2.56.150 Minors appointment for civil actions 4.08.050 appointment for minor defendant 12.04.150 Registration of land titles, appointment for minors 65.12.145 Registry and selection 26.12.177 Release of information 26.12.185 Training 26.12.177 Trustees accounting 11.106.060 GUARDIAN AND WARD (See also CHILDREN; PROBATE) Accounting citation of surety on bond 11.92.056 intermediate accounts, settlement of hearing and order 11.92.050 settlement of estate upon termination 11.92.053 Action against minor defendant, appointment of guardian in defense of 12.04.150 Action by minor plaintiff, appointment of guardian to act for minor 12.04.140 Action by minor plaintiff to be commenced by guardian, exceptions 12.04.140 Actions and proceedings representation of incapacitated person guardian’s powers and duties 11.92.060 Application and construction of chapter 117, Laws of 1974 extraordinary session 11.02.080 Appointment of guardian hearing 11.88.040 for incapacitated person 11.88.010 jury trial, right to 11.88.045 legal counsel for alleged incapacitated person 11.88.045 legislative intent and purpose 11.88.005 order appointing, required contents 11.88.095 petition contents 11.88.030 disposition 11.88.095 hearing 11.88.030 proof, standards 11.88.045 Assets, holders of financial assets of incapacitated person access to and control over assets to be provided to guardian 11.92.096 Attorneys’ fees, payment 11.92.180 Banks may act as guardians of estate of minors and mentally ill 11.36.010 Bonds laws applicable to 11.88.110 release of surety from bond, procedure 19.72.110, 19.72.130 Claims against estate of incapacitated person guardian’s duty to pay 11.92.035 (2008 Ed.) GUARDIAN AND WARD presentation of claim 11.92.035 Concealed or embezzled property discovery proceedings 11.92.185 Contracts for personal services of minor 26.28.050 Contracts of incapacitated person performance of 11.92.130 Costs against infant plaintiff execution costs 4.84.140 liability of guardian 4.84.140 Costs of litigation 4.84.140 Death of incapacitated person administration of estate 11.88.150 Department of social and health services client guardianship fees and compensation limits 11.92.180 Dependent children foster care payments, right of guardian to receive 13.34.234 modification of order 13.34.233 order establishing guardianship, contents 13.34.232 parental preferences 13.34.236 powers and duties of guardian 13.34.232 qualifications for guardian 13.34.236 review exemption 13.34.235 termination of guardianship 13.34.233 Education of ward compulsory school attendance law, duty to comply with, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance Eminent domain proceedings guardian ad litem, appointment for minor or incapacitated person 8.25.270 Exchange of estate property broker’s fees, payment of 11.92.125 Funds of incapacitated person authorization for guardian to take actions regarding 11.92.140 Guardian assets, access to and control over, submission of affidavit to institution holding 11.92.096 attorneys’ fees, separate accounting for compensation requested 11.92.180 bond citation of surety on bond 11.92.056 bond requirements 11.88.100 reduction in amount of bond 11.88.105 when bond not required 11.88.107 compensation and expenses, payment 11.92.180 contracts of incapacitated person performance of 11.92.130 death of, procedure, delivery of estate to successor 11.88.120 defined 11.02.005 duties of 11.92.040, 11.92.043 funds of incapacitated person authorization for actions regarding 11.92.140 oath of 11.88.100 powers and duties of 11.92.040, 11.92.043 qualifications 11.88.020 real property, sale of confirmation of sale 11.92.115 order, contents 11.92.110 return and confirmation of sale 11.92.115 removal of, procedure, delivery of estate to successor 11.88.120 representation of incapacitated person powers and duties 11.92.060 sale, exchange, lease, or mortgage of property petition for, contents 11.92.100 powers and duties 11.92.090 standby guardian, designation of 11.88.125 Guardian ad litem appointment 11.88.090 appointment by family court 26.09.220 ex parte communications, prohibition 11.88.093 fees 11.88.097 qualifications and duties 11.88.090 (2008 Ed.) Guardian ad litem, See also GUARDIAN AD LITEM Guardian or limited guardian as witness 5.60.030 Guardianship office of public guardianship Ch. 2.72 settlement of estate liability of guardian 11.92.056 settlement of estate upon termination 11.92.053 termination of grounds, effect, procedure 11.88.140 transfer of jurisdiction and venue 11.88.130 veterans 11.88.160 Habeas corpus, granting of writ to guardian or limited guardian 7.36.020 Incapacitated persons appearance in civil actions 4.08.060 appointment of guardian for 11.88.010 death of administration of estate 11.88.150 guardianship fees and costs, maximum amount and rules 43.20B.460 professional guardian, definition 11.88.008 voting, effect of guardianship on right to vote 11.88.010 Incapacitated persons, for probate, final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 Incompetent or disabled persons, for competency as witness 5.60.030 habeas corpus writ granted to 7.36.020 partition proceedings consent by 7.52.470 proceeds of sale received by 7.52.460 Insurable interest of guardian in lives of certain persons 48.18.030 Insurance, life, use of trust funds authorized 11.100.120 Intermediate accounts settlement of hearing and order 11.92.050 Investment of funds 39.60.050 Investment of trust funds application of chapter 11.100.050 authorized investments Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 commercial accounts 11.100.037 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060 governed by this chapter 11.100.010 instrument authorized investment, defined 11.100.070 deviation upon court permission 11.100.040 "legal investment", defined 11.100.070 investment trust or company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060 marital deduction interests 11.100.025 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts collateral security 11.100.030, 11.100.037 federally insured 11.100.030, 11.100.037 authorized investment 11.100.030 securities issued by fiduciary authorized investment 11.100.030 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 Investments housing authority bonds, legal investments 35.82.220 United States corporation bonds, legal investments 39.60.010 Involuntary detention prohibited 11.92.190 Jurors, challenge of, guardian and ward relationship ground for implied bias 4.44.180 Juvenile court liability of guardian for support 13.34.161 Lease of estate property broker’s fees, allowance of 11.92.125 Life insurance, use of trust funds authorized 11.100.120 Limitation of actions by ward against guardian, recovery of real estate sold by guardian 4.16.070 Limited guardian defined 11.02.005 granting of writ of habeas corpus 7.36.020 Limited guardianship 11.88.020, 11.88.110, 11.88.115 Mental illness, See MENTAL ILLNESS Minors confession of judgments, who may confess 4.60.020 Minors, transfers to Ch. 11.114 Mortgage of estate property broker’s fees, allowance of 11.92.125 Motor vehicle financial responsibility law, release by injured minor executed by guardian, effect 46.29.120 Name, action for change of 4.24.130 Nomination of guardian by principal 11.88.010 Nonresident as guardian 11.88.020 Nonresident incapacitated person removal of property to another jurisdiction 11.92.170 Notices special notice of proceedings failure to file account or report, citation for 11.92.160 request for 11.92.150 Office of public guardianship created 2.72.020 definitions 2.72.010 intent 2.72.005 program, contracts 2.72.030 rules, authority 2.72.040 waiver of court costs 2.72.040 Parent and child relationship guardianship, not required, when 74.20.310 Partition proceedings consent of guardian or limited guardian to partition 7.52.470 interest of guardian in purchase prohibited 7.52.360 proceeds from sale of property of incompetent or disabled person 7.52.460 sale of infant’s share, payment to guardian 7.52.450 Personal care reports settlement of hearing and order 11.92.050 Power of attorney guardianships 11.94.010 Principal nomination of guardian by 11.88.010 Probate final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 Proceedings special notice of failure to file account or report, citation for 11.92.160 request for 11.92.150 Property of incapacitated person concealed or embezzled property discovery proceedings 11.92.185 real property, sale of confirmation of sale 11.92.115 order, contents 11.92.110 return and confirmation of sale 11.92.115 [RCW Index—page 325] GUARDIANSHIP removal of property of nonresident to another jurisdiction 11.92.170 sale, exchange, lease, or mortgage of guardian’s powers and duties 11.92.090 petition for, contents 11.92.100 Public assistance recipients 74.08.280 temporary assistance for needy families grant 74.12.250 Qualifications of guardians 11.88.020 Real property of incapacitated person sale of confirmation of sale 11.92.115 order, contents 11.92.110 return and confirmation of sale 11.92.115 Residential placement, notice 11.92.190 Revenue, department of, duty to notify 11.88.115 Sale, exchange, mortgage or lease of real estate, brokers fees 11.92.125 Sale of estate property broker’s fees, allowance of 11.92.125 confirmation conclusive 11.92.120 irregularities do not void sale 11.92.120 Savings and loan association, guardian may be member of 33.20.060 School grounds, removal of child from during school hours 28A.605.010 School property, defacing or otherwise injuring, penalty, parent’s liability 28A.635.060 Schooling of ward, See GUARDIAN AND WARD, subtitle Education of ward Seduction, action for seduction of ward 4.24.020 Service of summons on guardian, personal service 4.28.080 Trust companies may act as guardian of estate of minors and mentally ill 11.36.010 power to act as guardian 30.08.150 Trust funds, investment, See GUARDIAN AND WARD, subtitle Investment of trust funds Trust funds, purchase of life insurance authorized 11.100.120 Vaccination of pupil in first class school district prohibited if against will of guardian 28A.330.100 Venue for guardianship petitions 11.88.010 Veteran estate management program claims against estate 73.04.135 criteria and authority of director of department of veterans affairs 73.04.130 definitions 73.04.131 guardians, department employees prohibited from serving as 73.04.140 Veterans, See also VETERANS, subtitle Guardianship Will or durable power of attorney guardians nominated by 11.88.080 GUARDIANSHIP (See GUARDIAN AND WARD) GUESTS Defined for purposes of inn keepers’ lien 60.64.010 GUIDEPOSTS Standards for, county roads 36.86.040 GUILTY (See CRIMINAL PROCEDURE, subtitle Pleadings) GUN POWDER Public nuisance, manufacturing as 7.48.140 GUN SAFES Tax exemption 82.08.832, 82.12.832 GUNS (See FIREARMS) GUTTERS Cities and towns, construction, reconstruction and repair, generally Ch. 35.68 GYMNASIUMS Cities and towns, authority for local improvement 35.43.040 Health studies, regulation Ch. 19.142 [RCW Index—page 326] HABEAS CORPUS Adjournment of, hearings 7.36.110 Affidavits in forma pauperis proceeding 7.36.250 warrant to prevent removal or irreparable injury 7.36.190 Amendments pleadings 7.36.110 process 7.36.240 return 7.36.110 writs of habeas corpus 7.36.240 Appeals federal questions raised by pleadings 7.36.140 in forma pauperis proceeding 7.36.250 Applications for writ 7.36.030 Attachment for refusal to make return 7.36.090 Bail orders of commitment, from 7.36.150 writ may be used for admission to 7.36.160 Children, granting writ to guardian or limited guardian 7.36.020 Clerks of court delivery of writ to sheriff, when 7.36.060 issuance of writs and process 7.36.240 Commitment habeas corpus writs suspended during martial law 38.08.030 limitation on discharge from 7.36.130 order of bail 7.36.150 discharge from 7.36.150 limitation of inquiry on 7.36.130 recommitment 7.36.150 orders of court, bail 7.36.150 temporary commitment authorized 7.36.240 Constables, warrant to prevent removal or irreparable injury directed to 7.36.190 execution of 7.36.210 Constitutional rights, determination of by supreme court or court of appeals 7.36.140 Contempt of court, limitation on inquiry 7.36.130 Costs in forma pauperis proceeding 7.36.250 Court of appeals federal questions raised by pleadings 7.36.140 power to grant writ 7.36.040 Criminal charges, allegation of new matter 7.36.110 Discharge limitation on 7.36.130 notice to interested person 7.36.160 orders of commitment, from 7.36.150 orders of discharge, obedience to, officer immunity to civil liability 7.36.180 restrain party, when 7.36.120 Emergencies, Sunday acts authorized 7.36.230 Evidence authority to restrain party for hearing 7.36.100 new matter 7.36.110 Exceptions return, to 7.36.110 warrant to prevent removal or irreparable injury 7.36.210 Federal questions, supreme court or court of appeals to determine 7.36.140 Fees, in forma pauperis proceeding 7.36.250 Filing, in forma pauperis proceeding 7.36.250 In forma pauperis 7.36.250 Good faith, in forma pauperis proceeding 7.36.250 Grounds 7.36.010 Guardian and ward, granting of writ to guardian or limited guardian 7.36.020 Hearings adjournments 7.36.110 determination of 7.36.110 determination of cause 7.36.120 production of authority to restrain 7.36.100 production of party at 7.36.100 summary procedure 7.36.120 Holidays, issuance of writ on 2.08.010, Const. Art. 4 § 6 Incompetent or disabled persons 7.36.020 Judges court of appeals, power to grant writ 7.36.040 superior court witnesses 7.36.150 superior courts bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040, Const. Art. 4 § 6 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 returnable to 2.04.010 temporary orders 7.36.220 warrant to prevent removal or irreparable injury 7.36.190 witnesses compelling attendance of 7.36.170 supreme court bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040, Const. Art. 4 § 4 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 temporary orders 7.36.220 warrant to prevent removal or irreparable injury 7.36.190 apprehension of offending party 7.36.200 witnesses 7.36.150 compelling attendance of 7.36.170 Judgments limitation on inquiry into 7.36.130 summary determination 7.36.120 Judicial officers, orders of commitment bail 7.36.150 discharge from 7.36.150 recommitment 7.36.150 Justices, supreme court, power to grant writ 7.36.040 Legal holidays, hearing applications and issuance upon 2.28.100 Limitation on inquiry 7.36.130 Limited guardian, granting of writ 7.36.020 Martial law, habeas corpus writs suspended during 38.08.030 Minors and infants 7.36.020 Ne exeat, remedy available to defendant 7.44.050 Nonjudicial days, issuance and service on Const. Art. 4 § 6 Notices, person interested in prisoner, to 7.36.160 Orders of court commitment orders discharge from 7.36.150 limitation 7.36.130 recommitment 7.36.150 in forma pauperis proceeding 7.36.250 orders of discharge, obedience to, officer immunity to civil liability 7.36.180 temporary orders 7.36.220 Parent and child, granting of writ to parent 7.36.020 Parties (2008 Ed.) HANDICAPS, PERSONS WITH production of, adjournment of hearing until 7.36.110 production on hearing 7.36.100 Peace officers, orders of commitment bail 7.36.150 discharge from 7.36.150 recommitment 7.36.150 Persons who may prosecute writ 7.36.010, 7.36.020 Petitions allegation constitutional rights violated, effect 7.36.130 application for writ by 7.36.030 supreme court may issue writs of 2.04.010 writ of habeas corpus, for, federal questions 7.36.140 Pleadings 7.36.110 federal questions raised by 7.36.140 Process amendments 7.36.240 defective, effect 7.36.240 issuance 7.36.240 limitation on inquiry into 7.36.130 return 7.36.240 seal 7.36.240 service 7.36.240 Sunday issuance and service 7.36.230 Public officers and employees, immunity to civil liability for obeying writ or order 7.36.180 Restraint of liberty application contents concerning 7.36.030 discharge of party, when 7.36.120 ground for prosecution of writ 7.36.010 limitation on inquiry 7.36.130 return of writ to state authority or cause of return 7.36.100 warrant to prevent removal or irreparable injury contents 7.36.190 issuance 7.36.190 Return process 7.36.240 warrant to prevent removal or irreparable injury 7.36.210 writs of habeas corpus 7.36.240 Return of writ amendment of 7.36.110 attachment for refusal 7.36.090 contents 7.36.100 controverting of 7.36.110 determination of 7.36.110 exceptions to sufficiency of 7.36.110 required 7.36.090 signing of 7.36.100 verification 7.36.100 before whom Const. Art. 4 § 4 Seals, writs and process 7.36.240 Security for costs, in forma pauperis proceeding 7.36.250 Service person not found or refuses admittance to sheriff 7.36.080 process 7.36.240 return attachment for refusal 7.36.090 contents 7.36.100 required 7.36.090 signing of 7.36.100 verification of 7.36.100 return of writ amendment of 7.36.110 controverting of 7.36.110 determination of 7.36.110 exceptions to sufficiency of 7.36.110 Sunday, on 7.36.230 writ directed to other than sheriff 7.36.070 writs of habeas corpus 7.36.240 Sheriffs delivery of writ to, when 7.36.060, 7.36.070 immunity to civil liability for obeying writ or order 7.36.180 return of writ 7.36.090 service of writ 7.36.070 (2008 Ed.) person not found or refuses admittance 7.36.080 warrant to prevent removal or irreparable injury directed to 7.36.190 execution of 7.36.210 Sickness and infirmity, effect if allegation true 7.36.110 Signatures applications for writ, on 7.36.030 return of writ 7.36.100 Sunday, emergency acts authorized 7.36.230 Superior courts bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 enforcement of return of writ 7.36.090 in forma pauperis proceeding 7.36.250 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040 power to issue 2.08.010 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 temporary orders 7.36.220 warrant to prevent removal or irreparable injury apprehension of offending party 7.36.200 issuance 7.36.190 restraint person brought before 7.36.210 witnesses 7.36.150 compelling attendance of 7.36.170 Supreme court bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 enforcement of return of writ 7.36.090 federal questions raised by pleadings 7.36.140 in forma pauperis proceeding 7.36.250 hearings, summary procedure 7.36.120 jurisdiction as to 2.04.010, Const. Art. 4 § 4 limitation on inquiry 7.36.130 power to grant writ 7.36.040 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 temporary orders 7.36.220 warrant to prevent removal or irreparable injury apprehension of offending party 7.36.200 issuance 7.36.190 restrained person brought before 7.36.210 witnesses 7.36.150 compelling attendance of 7.36.170 Suspension prohibited, exceptions Const. Art. 1 § 13 Verifications allegation of new matter 7.36.110 applications for writ 7.36.030 return of writ 7.36.100 Warrants limitation on inquiry of 7.36.130 prevent removal or irreparable injury apprehension of offending party 7.36.200 contents 7.36.190, 7.36.200 execution 7.36.210 issuance 7.36.190 return 7.36.210 Witnesses compelling attendance of 7.36.170 recognizing of by court 7.36.150 summons of prosecuting witness 7.36.150 Writs of habeas corpus amendments 7.36.240 applications 7.36.030 bail by authorized 7.36.160 contents 7.36.050 defective, effect 7.36.240 delivery to sheriff 7.36.060 directed to whom 7.36.050 federal questions raised by pleadings 7.36.140 issuance 7.36.240 supreme court Const. Art. 4 § 4 martial law, suspended during 38.08.030 obedience to, officer immunity to civil liability 7.36.180 persons who may prosecute writ 7.36.010, 7.36.020 return amendment of 7.36.110 attachment for refusal 7.36.090 contents 7.36.100 controverting of 7.36.110 determination of 7.36.110 exceptions to sufficiency of 7.36.110 required 7.36.090 signing of 7.36.100 time for 7.36.240 verification of 7.36.100 seal 7.36.240 service 7.36.240 holidays, nonjudicial days Const. Art. 4 § 6 person not found or refuses admittance 7.36.080 writ directed to other than sheriff 7.36.070 Sunday issuance and service 7.36.230 superior court Const. Art. 4 § 6 suspension prohibited, exceptions Const. Art. 1 § 13 when granted 7.36.040 who may grant 7.36.040 HABITUAL CRIMINALS Prevention of procreation as punishment 9.92.100 Sentencing of 9.92.090 HABITUAL TRAFFIC OFFENDERS ACT (See MOTOR VEHICLES, subtitle Habitual traffic offenders act) HAIRCUTTING (See COSMETOLOGISTS, BARBERS, AND MANICURISTS) HANDICAPS, PERSONS WITH (See also DEVELOPMENTAL DISABILITIES, PERSONS WITH; DISABILITIES, PERSONS WITH) Buildings, access to applicability of standards and specifications exemptions 70.92.110 definitions 70.92.130 legislative intent concerning 70.92.100 minimum standards set by building code council 70.92.140 waiver of standards 70.92.160 Children, See also CHILDREN Children with multiple handicaps medical service program administrative responsibility 74.26.040 contracts for services, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 program plan, development of 74.26.030 regulation promulgation, when 74.26.040 Dependent adults, See DEPENDENT ADULTS Discrimination in insurance benefits on basis of, prohibited 48.30.300 Drivers refueling services 49.60.360 Facilities bond issue Ch. 43.99C Fishing and shellfish harvesting, designated harvester cards 77.32.400 Fishing permits, group 77.32.550 Health care coverage, discrimination 48.44.220, 48.46.370 [RCW Index—page 327] HANFORD Insurance, notice of cancellation 48.30.320 Insurance, notice of cancellation, denial, or refusal to renew contract 48.44.260 Insurance benefits for, discrimination, prohibited 48.30.300 Interpreters, See INTERPRETERS, subtitle Impaired persons involved in legal proceedings Malicious harassment 9A.36.080 Parking privileges free parking 46.61.582 stalls and spaces, requirements, penalties 46.61.581 Public buildings, provisions for handicapped specifications and plans for public buildings, provisions for handicapped persons Ch. 70.92 Public employment, discrimination in prohibited 70.84.080 Residences optional municipal code city may not treat a residence occupied by persons with handicaps differently than any similar residence 35A.63.240 structures occupied by persons with handicaps, treatment of 35.63.220, 36.70.990, 36.70A.410 Ride sharing, See MOTOR VEHICLES, subtitle Ride sharing Service animals defined 70.84.021 Sheltered workshops for goods and services, purchase by municipalities authorized, fair market price 39.23.020 definitions 39.23.010 legislative intent 39.23.005 Sidewalks cities and towns curb ramps for physically handicapped model standards 35.68.076 required, standards and requirements 35.68.075 Streets and alleys cities and towns curb ramps for physically handicapped model standards 35.68.076 required, standards and requirements 35.68.075 Symbol display and signing 70.92.120 Transportation services special needs transportation services coordination Ch. 47.06B Vocational rehabilitation and services for Ch. 74.29 Vocationally handicapped, director of labor and industries to provide for employment of, exempt from prevailing wage rate 39.12.022 Wheelchair conveyances brake requirements license as moped in lieu 46.16.640 defined 46.04.710 rules of the road 46.61.730 safety standards 46.37.610 White cane law dog guide defined 70.84.020 state policy 70.84.010 HANFORD Federal low-level radioactive waste policy amendments of 1985, implementation 43.200.180 Hanford area economic investment fund committee membership and duties 43.31.425, 43.31.428 established 43.31.422 Industrial insurance coverage for workers, special agreements 51.04.130 Livestock impounded on Hanford reservation, disposition 43.23.220 Low-level radioactive waste disposal facility [RCW Index—page 328] site closure and perpetual care 43.200.190 site use permits 70.98.085 surveillance fee 70.98.085 Mixed radioactive and hazardous waste Ch. 70.105E Nuclear waste site disapproval election Ch. 29A.88 Nuclear waste site repository siting 43.205.010, 43.205.020 Repository siting 43.205.010, 43.205.020 Reservation lease promotion of sublease for nuclear-related industry department of community, trade, and economic development duties 43.31.205 department of trade and economic development duties 43.31.205 Tank waste treatment, property tax exemption 84.36.590 Waste disposal surcharges and penalty surcharges governor may assess, disposition of revenues 43.200.170 HARASSMENT Animal facilities injunctive relief to prevent harassment or occurrence of tort 4.24.580 Arraignment 9A.46.050 Arrest without warrant 10.31.100 Computer entry and expungement of orders by law enforcement agencies 10.14.110 Constitutional rights, effect on 10.14.190 Contact, conduct 10.14.030 Conviction when deemed to have occurred 9A.46.100 Course of conduct 10.14.030 Court costs and attorney’s fees respondent may be required to pay 10.14.090 Court order regarding convicted defendant copy provided to victim 9A.46.080 violation, misdemeanor 9A.46.080 Court order regarding defendant enforcement 9A.46.070 no contact or no harassment order 9A.46.040, 9A.46.050 violation, misdemeanor 9A.46.040 Crimes included in harassment 9A.46.060 Criminal gang intimidation 9A.46.120 Defined, elements 9A.46.020 Definitions 10.14.020 Domestic violence foreign protection order full faith and credit act Ch. 26.52 Explosives or improvised devices, intimidation with 70.74.275 In forma pauperis 10.14.060 Forms and brochures 10.14.050 Hate crimes 9A.36.078 Hearing 10.14.070, 10.14.080 to be reset twenty-four days from date of entry of order when respondent not personally served 10.14.085 service by publication 10.14.085 issuance of order if respondent fails to appear at hearing 10.14.105 Jurisdiction of district court, transfer to superior court allowed, conditions 10.14.150 Lasers unlawful discharge, penalties Ch. 9A.49 Legal representation or pro se appearance authorized 10.14.090 Legislative finding 9A.46.010 Legislative finding and intent 10.14.010 Liability of peace officer limited 9A.46.090 Malicious civil action, actual and punitive damages 9A.36.083 information repository reporting and dissemination 36.28A.030 law enforcement training in identification, response, and reporting 43.101.290 legislative finding 9A.36.078 race, color, religion, ancestry, national origin, gender, sexual orientation, mental, physical, or sensory handicap 9A.36.080 Penalties 9A.46.020, 10.14.170 respondent must know of order before being subjected to penalties 10.14.115 Petition for relief 10.14.040 Protection, order of domestic violence prevention 10.14.200 enforceability 10.14.110 ex parte temporary 10.14.080 modification 10.14.180 notice of issuance to law enforcement agency 10.14.110 permanent 10.14.080 petition 10.14.040 renewal 10.14.080 service by publication issuance of order if respondent fails to appear at hearing 10.14.105 service of order 10.14.100 service of order by publication 10.14.100 violation 10.14.170 violation, penalties 10.14.120 investigating officer’s duty to ascertain whether respondent knew of order and to serve order 10.14.115 respondent must know of order before being subjected to penalties 10.14.115 Remedies, other 10.14.140 Restraining orders issuance of order in dissolution decree, procedure 26.09.050, 26.09.060 School districts sexual harassment policies 28A.640.020 Scope of order, inapplicable actions 10.14.130 Service of process 10.14.070, 10.14.080 fees, exemption 10.14.055 service by publication 10.14.085 issuance of order if respondent fails to appear at hearing 10.14.105 payment of costs 10.14.125 Stalking 9A.46.110 Telephone calls 9.61.230 Time of conviction, acceptance of plea or filing of verdict 9A.46.100 Victim inform of final disposition 9A.46.080 provide copy of final court order 9A.46.080 Where action may be brought 10.14.160 Where deemed to have been committed 9A.46.030 HARASSMENT—CIVIL PROCEEDING (See DOMESTIC VIOLENCE) HARBOR AREAS (See also PUBLIC LANDS, subtitle Aquatic lands; WATERCOURSES AND WATERWAYS) Acquisition and operation, See PORT DISTRICTS Area reserved Const. Art. 15 § 1 Cities and towns leases in, assessment 35.44.150 lying in two or more counties, transfer of territory Ch. 36.08 Establishment of harbor lines Const. Art. 15 § 1 Harbor lines, See also PUBLIC LANDS, subtitle Aquatic lands Improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Lease of cities and towns, assessment 35.44.150 legislature to provide for wharves, docks, etc. Const. Art. 15 § 2 wharves, docks, etc. legislature to provide for Const. Art. 15 § 2 Port districts, See PORT DISTRICTS Public lands—aquatic lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 (2008 Ed.) HAZARDOUS MATERIALS oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Public nuisances concerning 7.48.140 Regulation and control, See PORT DISTRICTS Restriction on sale of lands or rights in Const. Art. 15 § 1, Const. Art. 15 § 2 River and harbor improvements, planning and funding Ch. 88.32 Tide lands, control and regulation within Const. Art. 15 § 3 Tidewaters, control and regulation within Const. Art. 15 § 1, Const. Art. 15 § 2 HARDWOODS COMMISSION Assessments 15.74.060, 15.74.070 Authority 15.74.020 Financial requirements 15.74.040 Management and operation 15.74.030 Membership 15.74.010 Obligations, liabilities, and claims 15.74.050 HATCHERIES Blasting explosives near, restrictions 70.74.250 HATE CRIMES (See HARASSMENT, subtitle Malicious) HAWKERS (See also PEDDLERS) Licenses counties 36.71.070, 36.71.080 HAY (See also FEED) Agriculture, department of powers and duties 43.23.110 Dealers or merchants vehicle weight certification required 20.01.125 failure to obtain 20.01.125 Transporting of vehicles may be stopped 20.01.610 HAZARDOUS CONDITIONS Speed limits, lower required due to 46.61.400 HAZARDOUS MATERIALS Agricultural workers information and training on hazardous chemicals 49.70.115 Consumer products 49.70.210 Contaminated properties decontamination, disposal, or demolition of certification, conditions 64.44.060 city or county action, options 64.44.040 decontamination account 64.44.060 decontamination by owner 64.44.050 definitions 64.44.010 immunity from civil liability 64.44.080 local health officer, duties 64.44.020 report to local health officer 64.44.020 rules and standards 64.44.070 unfit for use order, issuance procedure 64.44.030 vehicle and vessel titles 64.44.045 Drug manufacturing facilities, cleanup 69.50.511 Emergency response commission planning committees, immunity 4.24.480 Fire protection, operators to provide annual reports to fire department 70.105.135 Governor’s award of excellence, waste management 70.95.040 Hazardous household substances 70.102.010 local plans 70.105.220 pilot projects, grants 70.105.235 Hazardous liquid and gas pipeline, model ordinance and franchise agreement 43.110.070 Hazardous liquid and gas pipeline accidents first responders, preparedness 43.44.130, 48.48.160 Hazardous materials response teams fire protection districts may participate 52.12.140 Hazardous substance information and education office (2008 Ed.) definitions 70.102.010 generally, duties 70.102.020 Hazardous substance pollution tax Ch. 82.21 Hazardous waste cleanup standards of liability 70.105D.040 Hazardous waste disposal action for damages resulting from violations attorney fees 70.105.097 attorney general enforcement, legal actions, authorized 70.105.120 definitions 70.105.010 department authority to regulate all wastes 70.105.109 disposal sites 70.105.070 acquisition authority 70.105.040 fee schedule, establishment 70.105.040 energy facilities 70.105.110 environmental excellence program agreements, effect 70.105.025 extremely hazardous waste rules and standards 70.105.020 federal law implementation rules, legislative review 70.105.140 state agency designation, powers 70.105.130 hazardous substance remedial action procedural requirements of chapter not applicable 70.105.116 incineration facilities—Ash waste disposal authority 70.105.112 list of waste for disposal, requirements 70.105.030 off-site disposal 70.105.050 orders requiring compliance, issuance, appeal, etc. 70.105.095 PCB waste 70.105.105 purpose, comprehensive statewide control framework 70.105.007 receiving criteria 70.105.070 rules, regulations, fee schedules, review by solid waste advisory committee 70.105.060 social and health services, department of, authority 70.105.111 solid wastes conditionally exempt from chapter 70.105.035 violations civil penalty 70.105.080 criminal penalties 70.105.085 criminal penalty 70.105.090 Hazardous waste generators and users multimedia permit pilot program 70.95C.250 voluntary reduction plan 70.95C.200, 70.95E.030 appeal of department order or surcharge 70.95C.230 exemption from preparing, petition for 70.95C.210 public inspections of plans, summaries, and progress reports 70.95C.240 review of plan, executive summary, or progress report by department of ecology 70.95C.220 Hazardous waste management conflict related to site, department to assist in resolution 70.105.260 local government authority to prohibit or condition acceptance 70.105.217 local governments coordination with private facilities 70.105.220 grants available 70.105.235 pollution control hearings board to hear disputes 70.105.250 preparation of local plans 70.105.220 technical assistance from department 70.105.255 local governments to designate zones 70.105.225, 70.105.230 metals mining and milling operations, permits and inspections 70.105.300 notice of intent to file application for facility 70.105.245 plan components 70.105.200 criteria for facilities siting 70.105.210 plan preparation requirements contingent on funding 70.105.270 service charges, assessment by department of ecology 70.105.280 state preemption 70.105.240 Household waste reduction and recycling 70.95.600 Incidents clean up, responsibility for 4.24.314 definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 extraordinary costs liability of person other than operating employees of a transportation company 4.24.314 incident command agencies assistance from state patrol 70.136.035 designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 liability extraordinary costs 4.24.314 planning committees, immunity 4.24.480 Incineration facilities—Ash application of chapter to existing incinerators 70.138.900 civil penalties 70.138.040 criminal penalties 70.138.070 definitions 70.138.020 disposal permits 70.138.030 enforcement, injunctive relief 70.138.060 legislative findings 70.138.010 management plans 70.138.030 special ash waste disposal authority 70.105.112 violations, compliance orders 70.138.050 Lead-based paint activities program Ch. 70.103 Low-level radioactive waste tax imposed 82.04.260, 82.04.440 waste generator fees 43.200.230 waste generator surcharge disposal 43.200.235 remittal to counties 43.200.233 Low-level radioactive waste disposal sites rate setting commission powers 81.108.030 competitive company, classification as, criteria 81.108.110 complaints, hearing procedure 81.108.080 contract disposal rates, commission approval required 81.108.060 definitions 81.108.020 exemption from regulation absent a monopoly situation 81.108.100 extraordinary volume adjustment 81.108.070 jurisdiction of other state agencies unaffected 81.108.900 legislative purpose 81.108.010 maximum disposal rate initial determination of 81.108.040 revisions to rate, procedure 81.108.050 monopoly situation, determination of existence, criteria 81.108.100 revenue statements, requirements 81.108.090 supervision and regulation fees 81.108.090 Mercury reduction and education Ch. 70.95M Metals in packaging certificate of compliance prohibition of sale without 70.95G.060 public access 70.95G.050 concentration levels 70.95G.020 [RCW Index—page 329] HAZARDOUS WASTE CLEANUP definitions 70.95G.010 enforcement exemptions 70.95G.030 findings 70.95G.005 manufacturer’s certificate of compliance 70.95G.040 Metals mining and milling operations, regulation Ch. 78.56 Nuclear waste site repository siting 43.205.010, 43.205.020 Pollution tax imposed Ch. 82.21 Product liability/hazardous substance claims confidentiality 4.24.611 damages and costs 4.24.611 public right to information 4.24.611 Product substitution list general administration department to develop 43.19A.070 Public hazards disclosure 4.24.601 Remedial actions shoreline management procedural requirements not applicable 90.58.355 water pollution control procedural requirements not applicable 90.48.039 Repository siting 43.205.010, 43.205.020 Solid waste management comprehensive plan, counties need not address 70.95.080 Spills, oil and hazardous substances definitions 90.56.010 ecology director’s responsibilities 90.56.020 incident response training and education program 90.56.080 investigation 90.56.400, 90.56.410 model contingency plan 38.52.420 onshore and offshore facilities cleanup and containment services contractors, standards 90.56.240 contingency plans 90.56.210 enforcement of contingency plans 90.56.270 index to contingency plans and equipment 90.56.250 notification of discharge 90.56.280 oil removal, duty 90.56.340 operation standards 90.56.220 operations manuals 90.56.230 practice drills and adequacy of plans 90.56.260 prevention plans 90.56.200 unlawful operation, penalties 90.56.300, 90.56.310, 90.56.320, 90.56.330 powers and duties of ecology department 90.56.030 rule-making authority 90.56.050 spill removal or dispersal ecology department duties 90.56.350 liability 90.56.360, 90.56.370, 90.56.380, 90.56.390 recovery of expenses 90.56.400 statewide master contingency plan 90.56.060 wildlife rehabilitation 90.56.110 wildlife rescue coalition 90.56.100 Taxation low-level radioactive waste tax imposed 82.04.260, 82.04.440 pollution tax Ch. 82.21 Trade secret exemptions regarding hazardous substances 49.70.165 Transportation of 46.48.170, 46.48.175 commercial driver’s license endorsement 46.25.070, 46.25.085 incident clean up, responsibility 4.24.314 inspection of motor carriers 46.48.185 placarded cargo prohibited, when 47.48.050 notice 47.01.270 study, federal compliance 46.48.180 Treatment facilities permits, rules 70.105.215 Underground storage tanks, requirements Ch. 90.76 Underground utilities, location, damage Ch. 19.122 Use reduction consultation program 70.95C.040 [RCW Index—page 330] definitions 70.95C.020 legislative findings 70.95C.010 office of waste reduction duties 70.95C.030 Waste fees definitions 70.95E.010 enforcement and collection 70.95E.050 exclusions from chapter 70.95E.100 fee schedule, adjustment of fees 70.95E.040 generation fee 70.95E.020 hazardous waste assistance account 70.95E.080 technical assistance and compliance education 70.95E.090 grants to local governments 70.95E.090 voluntary reduction plan fees 70.95E.030 Worker and community right to know civil actions authorized 49.70.150 compliance with chapter, fines 49.70.190 consumer products 49.70.210 definitions 49.70.020 discharge or discipline of employee prohibited 49.70.110 discrimination statutes apply 49.70.110 educational brochures and public service announcements 49.70.140 foreign language translations of written materials 49.70.105 industrial safety and health act applies 49.70.180 information requests, employer confidentiality 49.70.160 injunctive relief 49.70.190 legislative findings 49.70.010 trade secret exemptions 49.70.165 workplace survey request 49.70.100 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 HAZARDOUS WASTE CLEANUP (See also SUPERFUND) Air pollution control remedial action, procedural requirements of chapter not applicable 70.94.335 Cleanup settlement account 70.105D.130 Consent orders and decrees in effect March 1, 1989, remain valid and binding when available 70.105D.915 Definitions 70.105D.020 Ecology, department of powers and duties 70.105D.030 Enforcement actions 70.105D.050 Fees revision to provide waste reduction and recycling incentive 70.105A.035 Grants to local governments 70.105D.100 Hazardous waste disposal hazardous substance remedial action procedural requirements of chapter not applicable 70.105.116 Liability, standards of 70.105D.040 Lien authority 70.105D.055 Mixed radioactive and hazardous waste Ch. 70.105E Private right of action 70.105D.080 Puget Sound partners 70.105D.120 Release of hazardous substances 70.105D.110 Remedial actions costs, recovery 70.105D.080 exemption from procedural requirements of various cleanup statutes 70.105D.090 Remedial actions, integration of procedures and documents with state environmental policy 43.21C.036 Review of decisions of department of ecology 70.105D.060 Settlement authority of attorney general 70.105D.040 Solid waste management remedial actions, procedural requirements of chapter not applicable 70.95.270 Standard of liability 70.105D.040 Superior court review of decisions of department of ecology 70.105D.060 Toxics control accounts, state and local 70.105D.070 HAZARDOUS WASTE DISPOSAL (See ECOLOGY, DEPARTMENT OF, subtitle Hazardous waste disposal) HAZARDOUS WASTE MANAGEMENT (See ECOLOGY, DEPARTMENT OF, subtitle Hazardous waste management) HEAD INJURIES Prevention driver information 43.70.420 helmet removal, training of emergency medical personnel required 43.70.430 legislative findings 43.70.400 program 43.70.410 training and education guidelines, preparation and distribution of 43.70.430 HEAD OF FAMILY Power of legislature to exempt from taxation Const. Art. 7 § 1 HEALTH, DEPARTMENT OF Abortion duties 9.02.005 Acupuncturists Ch. 18.06 Adoptions birth certificate, availability of noncertified copy 26.33.345 statistical data, completion and filing of data card 26.33.300 Animals control of pets infected with diseases communicable to humans, powers and duties Ch. 16.70 Assumption of powers and duties of department of social and health services under chapter 70.54.005 Asthma, state plan 43.70.690 Audiologists Ch. 18.35 Biomedical waste waste treatment technologies evaluation 70.95K.020 Birthing centers, licensing and regulation Ch. 18.46 Bone marrow donor recruitment and education program 70.54.280, 70.54.290, 70.54.300 Bottled water contaminant in source water reporting requirements 70.119A.140 Breast and cervical cancer screening program, early detection medical advisory committee 43.70.665 Breast feeding, workplace policies 43.70.640 Cancer registry, statewide program authorized 70.54.230 confidentiality of data obtained 70.54.250 immunity from liability for providing required information 70.54.260 reporting requirements 70.54.240 rule-making authority 70.54.270 Charity care definitions 70.170.020 legislative intent 70.170.010 monitoring and reporting duties 70.170.060 rule-making authority 70.170.060 violations, penalty assessment 70.170.070 Chemical dependency professionals, certification Ch. 18.205 Chemically related illness centers for research and clinical assessment 51.32.360 Children product safety education 43.70.660 Children, expectant mothers, developmental disabilities, care and placement, health protection duties 74.15.060 Chiropractic Ch. 18.25 Chronic care providers training and technical assistance 43.70.533 Civil fines (2008 Ed.) HEALTH, DEPARTMENT OF appeal 43.70.095 due date 43.70.095 notice 43.70.095 Civil service exempt positions 41.06.074 Combined city-county health departments assumption of powers and duties of department of social and health services under chapter 70.08.005 Contaminated properties decontamination, disposal, or demolition of certification, conditions 64.44.060 evaluation/inspection of projects 64.44.075 immunity from civil liability 64.44.080 technical assistance and decontamination guidelines, duties 64.44.070 Controlled substances therapeutic research program Ch. 69.51 Cost-reimbursement agreements 43.70.630 Counselors, department duties Ch. 18.19, Ch. 18.225 Created 43.17.010, 43.70.020 Data collection and assessment standards 43.70.054 Definitions 43.70.010 Dental hygienists Ch. 18.29 Dentistry Ch. 18.32 Denturists Ch. 18.30 Dietitians and nutritionists, certification Ch. 18.138 Domestic violence education program for health care professionals 43.70.610 Drug-affected and alcohol-affected mothers and infants comprehensive services development and expansion of 13.34.390 Drug-affected babies, prenatal newborn screening Ch. 70.83E Drugs controlled substances, uniform act, department powers and duties Ch. 69.50 legend drugs Ch. 69.41 precursor drugs Ch. 69.43 prescription drugs Ch. 69.41 samples Ch. 69.45 Ecology, department of cooperation with 43.70.310 Electrology and tattooing, rules 70.54.340 Emergency medical services, department powers and duties Ch. 18.73 Emergency medical services and trauma care system councils regional creation 70.168.120 disbursement of funds to 70.168.130 data registry, statewide 70.168.090 duties, timelines 70.168.060 planning and service regions designation 70.168.110 prehospital trauma care providers verification of compliance with standards, granting of variance 70.168.080 rulemaking authority 70.168.050 trauma care providers designation of 70.168.070 Emergency or disaster assistance volunteers, health care professionals 43.70.680 Emergency service medical personnel, department duties and powers 18.71.212, 18.71.213 Enforcement authority 43.70.097 Environmental health and protection services transfer of powers and duties of department of social and health services 43.70.080 Fall prevention program 43.70.705 Farmers market nutrition program women, infants, and children 43.70.700 Federal programs authority to adopt necessary rules and regulations to entitle state to participate in 43.70.120 (2008 Ed.) construction of statutes to conform with federal requirements favored 43.70.120 Fees authorized 43.20B.020 licenses exemptions 43.20B.110 Felonies, guilty plea or conviction information to department of health 43.43.825 Food, drug, and cosmetic act, department powers and duties Ch. 69.04 Funds expended in counties, authorization 70.12.015 Head injury prevention driver information 43.70.420 helmet removal, training of emergency medical personnel required 43.70.430 legislative findings 43.70.400 program 43.70.410 training and education guidelines, preparation and distribution of 43.70.430 Health care assistants, certification and regulation Ch. 18.135 Health care data collection, storage, assessment, and review duties 43.70.050 Health care disputes independent review organizations 43.70.235 Health care entities license and requirements for legend drug and controlled substance purchase or use, exception 18.64.450, 18.64.460, 18.64.470 health care facilities certification 43.70.125 Health care practitioners practice indicators and risk management protocols, development and evaluation duties 43.70.500 Health care quality assurance and improvement program feasibility study, requirements 43.70.064, 43.70.066 interagency cooperation for review of rules and programs 43.70.068 Health care resources appropriate and cost-effective use, promotion, departmental duties 43.70.060 Health care services coordinated quality improvement program 43.70.510 Health consumer assistance office creation and duties 43.70.230 Health insurance mandated benefits Ch. 48.47 Health planning authority 70.38.135 certificate of need amendment 70.38.115 authority 70.38.105 exemptions 70.38.111 issuance, review criteria 70.38.115 savings clause, 1980 act 70.38.156 savings clause, 1983 act 70.38.157 savings clause, 1989 act 70.38.158 injunctive relief, authority 70.38.125 Health planning, See HEALTH PLANNING AND RESOURCES DEVELOPMENT Health professions budget request, account investigators and attorneys 18.130.380 department duties 43.70.620 discipline secretary of health, ex officio member of each board 43.70.300 licensing armed forces and merchant marine, license remains valid while member, renewal upon discharge 43.70.270 examinations, appointment of temporary members to licensing boards and committees for administration and grading of 43.70.260 extension or modification of duration of license, certificate, or registration 43.70.280 fees 43.70.250 health professions account, deposit of fees and penalties 43.70.320 issuance, renewal, or reissuance, procedures 43.70.280 secretary of health, ex officio member of each board 43.70.300 transfer of powers and duties from department of licensing 43.70.220 written operating agreements 43.70.240 uniform administrative provisions Ch. 18.122 uniform disciplinary act Ch. 18.130 Health related studies special studies or analysis, liability for costs 70.170.050 Health services evaluation and analysis of outcomes and effectiveness, departmental duties 43.70.070 Hearing and speech services Ch. 18.35 Hearing instrument fitters/dispensers Ch. 18.35 Hearing tests for pupils in school 28A.210.020, 28A.210.030, 28A.210.040 HIV insurance program 43.70.670 test results, disclosure 70.24.105, 70.24.107, 70.24.450 Hospital and medical facilities survey and construction assumption of powers and duties of department of social and health services under chapter 70.40.005 Hospital commission all references to hospital commission to be construed as to secretary or department of health 43.70.902 Hospital data collection and reporting confidentiality requirements 70.170.090 definitions 70.170.020 financial reports and patient discharge information, department duties 43.70.052 legislative intent 70.170.010 violations, penalty assessment 70.170.070 Hospitals complaint toll-free telephone number 70.41.330 disclosure of information 70.41.150 enforcement of rules 70.41.040 infections, health care-associated 43.70.056, 43.70.323 inspection 70.41.120, 70.41.122 licenses assumption of powers and duties of department of social and health services under chapter 70.41.005 patient well-being, duty to investigate complaints 70.41.155 sale or acquisition of nonprofit hospitals, duties Ch. 70.45 standards and rules 70.41.030 Hospitals, See also HOSPITALS Immunization program for school children and day cares 28A.210.060, 28A.210.070, 28A.210.080, 28A.210.090, 28A.210.100, 28A.210.110, 28A.210.120, 28A.210.140, 28A.210.160, 28A.210.170 Indian health care delivery plan 43.70.590 Indian health data statistics information system 43.70.052 Licenses denial of application 43.70.115 fees, costs, other charges 43.20B.110, 43.70.110 modification 43.70.115 revocation 43.70.115 suspension 43.70.115 suspension for noncompliance with support order 43.70.115 Licensing, director and department of references construed to be to the secretary and department of health in regard to transferred functions 43.70.901 [RCW Index—page 331] HEALTH, DEPARTMENT OF Licensing and certification services of department of social and health services transfer of powers and duties 43.70.080 Local health officer annual conference 43.70.140 enforcement of laws and rules, authority of secretary to institute legal proceedings at request of 43.70.200 Marijuana medical use rules adoption 69.51A.080 Marriage licenses out-of-state requirements, compliance, fee schedule 70.58.380 Massage practitioners, licensing and regulation Ch. 18.108 Medical facilities adverse health events and incident reporting system Ch. 70.56 Medical malpractice health care services coordinated quality improvement program to identify and prevent 43.70.510 Medical test sites confidentiality of information obtained by department 70.42.210 licenses sites operating without, power of department to seek injunctive or other relief 70.42.180 waiver of requirement 70.42.030 on-site reviews, powers and duties relating to 70.42.170 proficiency testing program rule-making authority 70.42.070 quality control, quality assurance, recordkeeping, and personnel standards rule-making authority 70.42.060 rule-making authority 70.42.220 test site supervisor, requirements rule-making authority 70.42.080 testing not covered by license, permission of department required 70.42.050 Mercury reduction and education Ch. 70.95M Midwifery, licensing and regulation Ch. 18.50 Midwives access to services statewide plan 70.180.120 Mill tailings bonds exemptions 70.121.130 forfeiture, use of funds 70.121.120 performance security 70.121.100 requirements for 70.121.110 collection by attorney general of amounts owed state 70.121.150 construction of law 70.121.900 definitions 70.121.020 facilities operations and decommissioning operator’s responsibilities 70.121.040 secretary, monitoring 70.121.040 legislative findings 70.121.010 license conditions 70.121.030 duration 70.121.030 fees 70.121.030 lien created for amounts owed state 70.121.140, 70.121.150 on-site inspections and monitoring 70.121.090 perpetual care charges for, limitation 70.121.050 land acquisition 70.121.060 site and materials ownership 70.121.070 site transfers, payment for 70.121.080 severability 70.121.910 short title 70.121.905 Mosquito control assumption of powers and duties of department of social and health services under chapter 70.22.005 Mosquito control, duties regarding 70.22.020, 70.22.030, 70.22.040, 70.22.050, 70.22.060 [RCW Index—page 332] Multicultural health awareness and education program 43.70.615 Naturopathy Ch. 18.36A Nurses, licensing and regulation Ch. 18.79 Nursing assistants, registration and certification Ch. 18.88A Nursing home administrators, licensing and regulation Ch. 18.52 Nursing pools, registration duties of department Ch. 18.52C Nursing technicians investigations of complaints against 70.41.370 Oaths secretary’s authority to administer 43.70.090 Occupational therapy, licensing and regulation Ch. 18.59 Ocularists, licensing and regulation Ch. 18.55 Online access to health care resources 43.70.112 Opticians, dispensing Ch. 18.34 Optometry and optometrists, licensing and regulation Ch. 18.53 Optometry board Ch. 18.54 Organization 43.70.020 Orthotic and prosthetic services Ch. 18.200 Osteopathic medicine and surgery, licensing and regulation Ch. 18.57 Osteopathic physicians’ assistants Ch. 18.57A Pandemic influenza preparedness Ch. 70.26 Paramedics certification 18.71.205 Parent and child health services transfer of powers and duties of department of social and health services 43.70.080 Personal health and protection programs transfer of powers and duties of department of social and health services 43.70.080 Pesticide poisoning cases investigation of reports 70.104.055 medical education program 70.104.057 Pesticides, health hazards investigation of human exposure to pesticides 70.104.050 "pesticide", defined 70.104.020 pesticide emergencies, authority of department of agriculture not infringed upon 70.104.040 powers and duties of department of health 70.104.030 technical assistance, consultations and services to physicians and agencies authorized 70.104.060 Pharmacies licensed nonresident pharmacies, request for proof of current licensure authorized 48.20.530 Pharmacies and pharmacists, licensing and regulation Ch. 18.64 Pharmacy ancillary personnel, certification and regulation Ch. 18.64A Phenylketonuria and other heritable disorders policy and purpose 70.83.010 reports of positive tests forwarded to 70.83.030 rules and regulations adopted by, concerning 70.83.050 screening test of newborn infants for 70.83.020, 70.83.023 services and facilities of state agencies, availability of 70.83.040 Physical therapists, licensing and regulation Ch. 18.74 Physician assistants, licensing and regulation Ch. 18.71A Physicians retired providers providing free care to lowincome persons, provision of malpractice insurance for 43.70.460 conditions for participation 43.70.470 Physicians, licensing and regulation Ch. 18.71 Physicians, regulation of professional services 70.41.180 Podiatric medicine and surgery, department regulatory authority and duties Ch. 18.22 Poison information center, department responsibility for services Ch. 18.76 Powers and duties transfer of enumerated powers and duties from department of social and health services 43.70.080 Practice indicators and risk management protocols, development and evaluation duties 43.70.500 Prayer, right to rely on prayer to relieve ailments not abridged 43.70.210 Prosecution of violations duty of assistant attorney generals, prosecuting attorneys, and city attorneys 43.70.100 notice to persons against whom proceeding is contemplated, requirements 43.70.100 Psychologists, licensing and regulation Ch. 18.83 Public health enforcement of laws and rules, authority to institute legal proceedings at request of local health officer 43.70.200 laboratory 43.70.080 required measurable outcomes 43.70.512, 43.70.514, 43.70.516, 43.70.518 services improvement plan 43.70.520, 43.70.522, 43.70.550, 43.70.555, 43.70.575, 43.70.580 threats to investigative powers of department 43.70.170 order prohibiting sale or disposition of food or other items, authority to issue 43.70.180 violations, authority to seek injunction or institute legal proceedings 43.70.190 Public health funds supplemental account 43.70.327 Public water systems efficiency requirements 70.119A.180 failed systems complaint process, to receive complaints concerning 43.20.240 plan for disposition of system in receivership 43.70.195 public health emergency, authority to declare 70.119A.030 receivership actions brought by secretary 43.70.195 safe drinking water contracting authority 70.119A.070 drinking water program 70.119A.080 enforcement duties 70.119A.060 operating permits application process 70.119A.110 findings 70.119A.100 implementation phase-in 70.119A.110 satellite system management agencies 70.119A.110 voluntary chemical testing program to obtain area-wide waivers 70.119A.115 Radio frequency exposure, survey of literature on health effects 43.70.600 Radioactive waste regulation financial assurance requirements rulemaking authority 70.98.098 low-level disposal facility at Hanford site use permits 70.98.085 surveillance fee 70.98.085 Radiologic technologists, duties of department regarding registration or certification Ch. 18.84 Radionuclides emissions, enforcement powers 70.94.422 Reclaimed water use, department duties Ch. 90.46 References to director and department of licensing to be construed as to secretary and department of health in regard to transferred functions 43.70.901 References to hospital commission to be construed as to secretary or department of health 43.70.902 (2008 Ed.) HEALTH, STATE BOARD OF References to the secretary and department of social and health services to be construed as to the secretary and department of health in regard to functions transferred 43.70.900 Regulatory authority licenses, fees exemptions 43.20B.110 Reports, contagious diseases 70.05.110 Research release of confidential records procedure 42.48.010, 42.48.020, 42.48.030, 42.48.040, 42.48.050, 42.48.060 Respiratory care practitioners, licensure Ch. 18.89 Risk management protocols and practice indicators, development and evaluation duties 43.70.500 Rules compliance technical assistance program Ch. 43.05 Rural and underserved areas health care professional recruitment and retention community contracted student educational positions 70.185.090 health care professionals recruitment and retention Ch. 70.185 area health education centers 70.185.100 health care professionals recruitment and retention projects duties 70.185.030 Rural health access account 43.70.325 Rural health care facilities consultative advice for licensees or applicants 70.175.140 licenses licensure rules, adoption 70.175.100 licensure rules, requirements 70.175.110 Rural health care plan powers and duties 70.175.130 Rural health care professionals recruitment and retention projects rules, department to adopt 70.185.040 secretary of health’s powers and duties 70.185.050 Rural health system project contracting authority 70.175.080 cooperation of other state agencies 70.175.070 establishment and implementation 70.175.030 powers and duties 70.175.050 rule-making authority 70.175.040 Rural training opportunities for health care professionals plan development 70.180.110 Sanitation advice to local authority 70.54.040 School sealant endorsement program 43.70.650 Seafood safety authority of department 43.70.185 Secretary appointment 43.17.020 director of state radiation control agency, as 70.98.050 health protection of children, expectant mothers, developmental disabilities, secretary’s duties 74.15.060 public water supply system operators, authority 70.119.120 Secretary of health 43.70.030 annual conference of health officers 43.70.140 enforcement of public health laws and rules, authority to institute legal proceedings at request of local health officer 43.70.200 ex officio member of all licensure and disciplinary boards within department’s jurisdiction 43.70.300 powers and duties 43.70.130 powers and rule-making authority 43.70.040 public water systems receivership actions brought by secretary 43.70.195 traffic safety commission, member of 43.59.030 (2008 Ed.) violations of public health laws, authority to seek injunction or institute legal proceedings 43.70.190 vital statistics, registration duties 43.70.150 Sex offender therapists, certification requirements and department powers and duties Ch. 18.155 Sexual assault victims emergency care and contraception 70.41.350, 70.41.360 Sexually transmitted diseases assumption of powers and duties of department and secretary of social and health services and of department of licensing under chapter 70.24.005 syphilis laboratory tests 70.24.090, 70.24.100 venipuncture, case workers authorized to perform 70.24.120 Shellfish sanitary control, department powers and duties Ch. 69.30 Social and health services, secretary and department of references construed to be to the secretary and department of health in regard to functions transferred 43.70.900 Speech-language pathologists Ch. 18.35 State otologist appointment 70.50.010 duties 70.50.020 State radiation control agency, as powers and duties 70.98.050 Subpoenas secretary’s authority to issue 43.70.090 Surgical technologists Ch. 18.215 Tattooing and electrology, rules 70.54.340 Temporary worker housing health and safety regulation Ch. 70.114A inspection fund, deposit of inspection fees 43.70.340 licensing, operation, and inspection 49.17.310 operation standards 49.17.320 Transfer of functions references to director and department of licensing to be construed as to secretary and department of health 43.70.901 references to secretary and department of social and health services to be construed as to secretary and department of health 43.70.900 Transient accommodations departmental powers and duties 70.62.250 Tuberculosis control Ch. 70.28 Tuberculosis hospitals, facilities, and funding Ch. 70.30 Vaccine repository, fee schedule 70.54.200 Veterinarians, licensing and regulation Ch. 18.92 Violent acts and at-risk behaviors data collection and reporting rules 43.70.540, 43.70.545 Vital statistics local registrars 70.58.010 registrar of vital statistics, duties 43.70.160 registration duties 43.70.150 Vulnerable adults licensing requirements for agencies or facilities providing services to employment of persons guilty of abuse or financial exploitation prohibited, exceptions 43.43.842 Wastewater reclaimed water use, department duties Ch. 90.46 Water resource planning delivery rate structures 43.20.235 procedures, criteria, and technical assistance, duty to develop 43.20.230 Water supply Public Water System Coordination Act of 1977 Ch. 70.116 Water supply facilities bottled water contaminant in source water, reporting requirements 70.119A.140 grants 43.83B.210 to perform duties of department of social and health services under chapter 43.83B.005 Well construction, department powers and duties Ch. 18.104 Wireless services power density analysis, random testing 43.70.605 Work force supply and demographics surveys, data, reports 43.70.695 HEALTH, STATE BOARD OF Animals control of pets infected with diseases communicable to humans, violations and penalties Ch. 16.70 Birth certificates, See VITAL STATISTICS, subtitle Births and birth certificates Bottled water quality standards for, authority to adopt 43.20.050 Chairman, selection of 43.20.030 Cities and towns, See CITIES AND TOWNS, subtitle Health departments Consumer representative defined 43.20.025 Contagious or infectious diseases, exclusion of persons having from school premises, board to make rules and regulations 28A.210.010 Contaminated properties decontamination, disposal, or demolition of immunity from civil liability 64.44.080 rules and standards 64.44.070 Created Const. Art. 20 § 1 Death certificates, See VITAL STATISTICS, subtitle Death certificates Definitions 43.20.025 Disease, powers as to 43.20.050 Drinking water safe and reliable supply, adoption of rules to assure 43.20.050 Environmental conditions, powers as to 43.20.050 Food and beverage service workers’ permits Ch. 69.06 Food and food products donations, safety rules 69.80.060 powers as to 43.20.050 Food service rules federal food code, consideration of 43.20.145 Health disparities, governor’s interagency coordinating council on action plan, reports 43.20.280 funding 43.20.290 health impact reviews 43.20.285 legislative intent 43.20.270 membership, duties 43.20.275 Health officer defined 43.20.025 Health planning authority 70.38.135 Health planning, See also HEALTH PLANNING AND RESOURCES DEVELOPMENT Hospitals, See HOSPITALS Immunization program for school children and day cares 28A.210.060, 28A.210.070, 28A.210.080, 28A.210.090, 28A.210.100, 28A.210.110, 28A.210.120, 28A.210.140, 28A.210.160, 28A.210.170 Membership 43.20.030 Mobile home parks, health and sanitation standards 59.20.190 Phenylketonuria, duties as to 70.83.030 Powers and duties, generally 43.20.050 Public facilities, powers as to 43.20.050 Public health, threats to grant-in-aid payment to local health departments 43.20.200 local health department, grant-in-aid to 43.20.200 Public water supply chemical contaminants [RCW Index—page 333] HEALTH AND SAFETY local standards may be stricter 70.142.040 monitoring requirements 70.142.020, 70.142.030 noncomplying systems, corrective plan 70.142.050 standards 70.142.010 Public water systems safe drinking water rule-making authority 70.119A.060 Quarantine, powers as to 43.20.050 Report to governor 43.20.100 Reports, contagious diseases 70.05.110 Rules and regulations, duty of public officers to enforce, penalty 43.20.050 Scoliosis, school screening program for distribution of rules, records and forms 28A.210.220 Sewage and waste disposal, powers as to 43.20.050 Shellfish sanitary control, board duties Ch. 69.30 Shellfish sanitation control, See FISH AND FISHING, subtitle Shellfish State health report duties relating to 43.20.050 Transient accommodations rulemaking authority 70.62.240 Tuberculosis control due process standards 70.28.032 report of cases 70.28.032 training requirements 70.28.032 Venereal diseases generally Ch. 70.24 Vital statistics, See VITAL STATISTICS Water, bottled quality standards for, authority to adopt 43.20.050 Water and water supply, treatment, storage and distribution of, powers as to 43.20.050 Water resource planning water system plan review 43.20.250, 43.20.260 Water systems failing to meet board standards, complaints utilities and transportation commission duties 80.04.110 HEALTH AND SAFETY Agricultural workers information and training on hazardous chemicals 49.70.115 recordkeeping requirements 49.70.119 Air pollution, See AIR POLLUTION CONTROL Alcoholism and drug addiction treatment Ch. 70.96A Alternative fuel source placard required 46.37.467 Amusement rides Ch. 67.42 Animals carcasses, disposal Ch. 16.68 control of pets infected with diseases communicable to humans Ch. 16.70 Asbestos projects administration, asbestos account 49.26.130 certificate required 49.26.110 contractors 49.26.115 workers or supervisors 49.26.110 complaints, discrimination against employee prohibited 49.26.150 definitions 49.26.100 enforcement 49.26.140 fire cleanup, power of department to establish policy and procedure 49.26.120 inspection of construction projects, exceptions 49.26.013 inspection of construction projects, penalties 49.26.016 notice requirements 49.26.120 notice requirements, exemptions 49.26.125 qualified asbestos workers and supervisors, exceptions 49.26.120 Asbestos use enforcement 49.26.040 [RCW Index—page 334] legislative declaration 49.26.010 products, containers 49.26.030 regulations 49.26.040 standards 49.26.020 Beverage containers pull-tab openers prohibited definitions 70.132.020 enforcement, rules 70.132.040 penalty 70.132.050 legislative finding 70.132.010 sale 70.132.030 Bicycle and pedestrian safety program 43.59.150 Biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 state preemption of local definitions 70.95K.011 waste treatment technologies evaluation by department of health 70.95K.020 Boilers, See BOILERS AND PRESSURE VESSELS Bottled water quality standards for, authority of state board of health to adopt 43.20.050 Buildings doors to swing outward 70.54.070 earthquake resistance standards Ch. 70.86 Canals and ditches, safeguarding 35.43.040, 35.43.045, 35.44.045, 36.88.380, 36.88.390, 36.88.400, 87.03.480, 87.03.526 Carnivals Ch. 67.42 Cerebral palsy, See CEREBRAL PALSY Chemically related illness centers for research and clinical assessment 51.32.360 industrial insurance criteria and procedures 51.32.350 research projects, implementation and funding 51.32.370 Children products, safe education campaign 43.70.660 generally Ch. 70.240 Cigarettes national uniform tobacco settlement nonparticipating tobacco product manufacturers Ch. 70.157 tobacco products manufacturers Ch. 70.158 Cities and towns filling lowlands Ch. 35.55, Ch. 35.56 first class cities, preservation of 35.22.280 second class cities power to provide for 35.23.440 providing for 35.23.440 towns, ordinances to provide for 35.27.370 unfit dwellings Ch. 35.80 urban renewal Ch. 35.81 water pollution, generally Ch. 35.88 City health department, See CITIES AND TOWNS, subtitle Health departments Clinics malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Community public health and safety networks comprehensive plans, approval and compliance 70.190.130 duties 70.190.070 expenditures, authorization and limitation 70.190.065 family policy council duties regarding 70.190.100 federal restrictions on funds transfers, application for waivers 70.190.150 funds administration 43.41.190, 43.41.195 grants for use of school facilities 70.190.180 inclusion in state and federal plans affecting children, youth, and families 70.190.160 interagency agreements 70.190.120 lead fiscal agent 70.190.075 liability, immunity 70.190.190 membership and organization 70.190.060 outcome evaluation 70.190.050 planning grants and contracts with family policy council 70.190.090 program review 70.190.110 programs and plans 70.190.080 proposals to family policy council 70.190.030 sexual abstinence and delay of sexual activity campaigns 70.190.085 transfer of funds and programs to state agency 70.190.170 Compressed air work, See LABOR, subtitle Compressed air work Counties county hospitals, See COUNTIES, subtitle County hospitals health departments, See COUNTIES, subtitle Health departments Dangerous occupations, regulation Const. Art. 2 § 35 Dead animals, disposal in watersheds 70.54.030 Diking and drainage districts, See DIKING AND DRAINAGE Diseases animals, See ANIMAL HEALTH contagious 70.05.100 crimes related to 70.05.120 exposure, willfully, penalty 70.54.050 schools, exclusion of persons having contagious or infectious diseases 28A.210.010 state board of health, powers as to 43.20.050 food and beverage workers Ch. 69.06 health departments, See CITIES AND TOWNS infectious good samaritans, free testing 70.05.180 report of 70.05.090 procedure 70.05.110 schools, exclusion of infected persons 28A.210.010 Diseases, See also DISEASES Domestic violence, see DOMESTIC VIOLENCE Doors of public buildings, swinging outward 70.54.070 Drug testing laboratory, creation at University of Washington 28B.20.315 Earthquakes, public buildings, resistance standards Ch. 70.86 Eggs and egg products Ch. 69.25 Electrical apparatus use and construction rules Ch. 19.29 Electrology, See ELECTROLOGY AND TATTOOING Elevators, escalators and dumbwaiters, See ELEVATORS, ESCALATORS AND DUMBWAITERS Employment, See LABOR, subtitle Women and minors; INDUSTRIAL SAFETY AND HEALTH Enforcement of laws and rules, authority of secretary to institute legal proceedings at request of local health officer 43.70.200 Ergonomics 49.17.360, 49.17.370 Explosives imitation devices, malicious placement 70.74.272 malicious explosion of a substance 70.74.280 malicious placement 70.74.270 Explosives, See also EXPLOSIVES Fireworks, See FIREWORKS Flammable fabrics, children’s sleepwear, See FLAMMABLE FABRICS Food, drug, and cosmetic act Ch. 69.04 Food and beverage workers’ permits Ch. 69.06 Food processing Ch. 69.07 Food storage warehouses, licensing requirements Ch. 69.10 Habeas corpus, ground for suspension of Const. Art. 1 § 13 Hazardous household substances 70.102.010 (2008 Ed.) HEALTH AND SAFETY Hazardous materials incidents definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 incident command agencies designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 Hazardous substance information and education office definitions 70.102.010 generally, duties 70.102.020 Health, department of assumption of powers and duties of department of social and health services under chapter 70.54.005 Health care group, defined, insurance 48.21.030 Health care provider malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Health care services, See INSURANCE, subtitle Health care services Health districts, See HEALTH DISTRICTS Health maintenance organizations immunity from prosecution performance of duty on review committee 4.24.240 malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Health officer cities and towns, See CITIES AND TOWNS, subtitle Health departments Hearing defects of school children, correction Ch. 70.50 Honey, standards and requirements Ch. 69.28 Hospitals, See HOSPITALS Hostage or barricade situation service disruption, telephone company immunity from liability 70.85.120 telephone communication 70.85.100 applicable law 70.85.130 telephone company assistance 70.85.110 Hot water heaters temperature regulation 19.27A.060 Hotels, See HOTELS Hypodermic syringes, needles dealer’s duty to determine sale legality 70.115.050, 70.115.060 Immunization assessment and enhancement proposals by local health jurisdictions 43.70.525 Immunization program for school children and day cares 28A.210.060, 28A.210.070, 28A.210.080, 28A.210.090, 28A.210.100, 28A.210.110, 28A.210.120, 28A.210.140, 28A.210.160, 28A.210.170 Indian health care delivery plan 43.70.590 Industrial insurance, See INDUSTRIAL INSURANCE Industrial safety and health, See INDUSTRIAL SAFETY AND HEALTH Infant crib safety requirements Ch. 70.111 Injuries resulting from health care declaration of modification of procedure 7.70.010 Insurance, See INSURANCE, subtitle Casualty insurance; INSURANCE, subtitle Group disability insurance; INSURANCE, subtitle Health care services Jails communicable disease prevention guidelines 70.48.480 (2008 Ed.) Labor, See LABOR, subtitle Women and minors; LABOR AND INDUSTRIES, DEPARTMENT OF, subtitle Industrial safety and health Labor, See LABOR AND INDUSTRIES, DEPARTMENT OF, subtitle Industrial safety and health Lead-based paint activities program Ch. 70.103 Liquor laws, See ALCOHOLIC BEVERAGES Load chains and devices, state patrol duties 46.37.490 Local health departments administrative officer appointment 70.05.040 responsibilities 70.05.045, 70.05.060, 70.05.070, 70.05.120 chair of local board 70.05.040 contracts for sale or purchase of health services 70.05.150 definitions 70.05.010 expenses of enforcement and administration 70.05.130 home rule charters jurisdiction of board 70.05.035 jurisdiction of board 70.05.030 local health officer appointment, qualifications, term, salary and expenses 70.05.050 failure of local health board to appoint, procedure 70.05.080 in-service training program for provisionally qualified officers 70.05.054 powers and duties of 70.05.070 professional qualifications 70.05.051 provisional qualifications 70.05.053 provisionally qualified officer, raising to full qualification 70.05.055 powers and duties of local boards 70.05.060 vacancies on board 70.05.040 who determines character of diseases 70.05.100 Machinery, safeguarding, See LABOR, subtitle Safeguards Manufactured homes, mobile homes, commercial coaches, recreational vehicles, and park trailers, safety advisory board 43.22.420 compliance, effect on city and county ordinances 43.22.410 exceptions 43.22.370 federal standards, enforcement, inspection 43.22.431, 43.22.432 fees 43.22.350 foreign standards, reciprocity 43.22.400 insignia of approval 43.22.390 inspection, enforcement 43.22.434 out-of-state sales and use, exemptions 43.22.350, 43.22.380 plans and specifications 43.22.360 rules and regulations, compliance required, penalty 43.22.340 self-certification, procedures 43.22.355 standards for plumbing, heating, frame design and electrical equipment 43.22.340 Meat, custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Media violence reduction reporting 43.70.560 Medical malpractice attorneys’ fees 7.70.070 compensation by a defendant health provider 7.70.080 compensation from other sources 7.70.080 consent to treatment 7.70.060 elements of proof 7.70.040 Medical malpractice suits declaration of modification of procedure 7.70.010 informed consent, elements 7.70.050 Medical test sites, See MEDICAL TEST SITES Meningococcal disease information, college and university students 70.54.370 Mercury reduction and education Ch. 70.95M Milk and milk products Ch. 15.36 Mill tailings, licensing and perpetual care, See MILLS, subtitle Uranium and Thorium Mines and mining, safety regulations, See MINES AND MINING Mopeds federal law, compliance requirement 46.61.720 Mosquito control Ch. 70.22 No smoking law local regulations authorized 70.160.080 Noise control civil penalties 70.107.050 definitions 70.107.020 exemptions 70.107.080 local regulation, approval 70.107.060 motor vehicles, rules, violations, penalties 70.107.070 other rights, remedies, powers, duties and functions 70.107.060 powers and duties, department of ecology 70.107.030 purpose 70.107.010 rules, noise levels, effective date 70.107.040 Nuclear energy, See NUCLEAR ENERGY AND RADIATION Nuisances, conduct injurious to health and is nuisance 7.48.010 Nursing homes 74.42.570 On-site sewage disposal systems Ch. 70.118 local health officer’s authority to waive requirements 70.05.072, 70.05.077 permits 70.05.074 On-site sewage disposal systems, large Ch. 70.118B On-site sewage disposal systems, marine recovery areas Ch. 70.118A Oral medication administration schools, public and private 28A.210.260 immunity from liability 28A.210.270 Party line telephones, emergency calls definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency penalty 70.85.030 Pesticide application act Ch. 17.21 Pesticide control act Ch. 15.58 Pesticides, health hazards investigation of human exposure to pesticides 70.104.050 "pesticide", defined 70.104.020 pesticide emergencies, authority of department of agriculture not infringed upon 70.104.040 pesticide incident reporting and tracking review panel general provisions 70.104.080 industrial insurance laws, administration not affected 70.104.100 legislative intent 70.104.070 responsibilities 70.104.090 pesticide poisoning cases medical education program 70.104.057 pesticide poisoning cases, physicians’ reporting duties 70.104.055 powers and duties of department of health 70.104.030 technical assistance, consultations and services to physicians and agencies authorized 70.104.060 Poison information center, statewide services Ch. 18.76 Poison prevention packaging Ch. 70.106 Poisons caustic or corrosive poisons, labeling, packaging, and sale Ch. 69.36 poisons in food, drinks, medicine, or water Ch. 69.40 Pollution of water water supply, penalty for polluting 70.54.010 Portable oil-fueled heaters [RCW Index—page 335] HEALTH CARE standards for sale and use 19.27A.080, 19.27A.090, 19.27A.100, 19.27A.110, 19.27A.120 Public hazards disclosure 4.24.601 Public health, threats to attorney general, duty to enforce 43.20A.660 grant-in-aid payment to local health departments 43.20.200 local health department, grant-in-aid to 43.20.200 notice to violators 43.20A.660 prosecuting attorneys, duties to enforce 43.20A.660 reports of violations duty of attorney general and prosecuting attorneys to enforce 43.20A.660 Public health required measurable outcomes 43.70.512, 43.70.514, 43.70.516, 43.70.518 Public health services improvement plan assessment standards 43.70.555 contents 43.70.550 definitions 43.70.575 implementation 43.70.580 Public water supply chemical contaminants local standards may be stricter 70.142.040 monitoring requirements 70.142.020, 70.142.030 noncomplying systems, corrective plan 70.142.050 standards 70.142.010 Public water supply system operators certification and regulation Ch. 70.119 Quarantine state board of health, powers as to 43.20.050 Quarantine, See also QUARANTINE Radiation, See NUCLEAR ENERGY AND RADIATION Radio frequency exposure, survey of literature on health effects 43.70.600 Railroad employees, See RAILROADS, subtitle Employees Safeguarding machinery, See LABOR, subtitle Safeguards Sanitary districts, See SANITARY DISTRICTS Sanitation, See SANITATION School children with impaired hearing correction Ch. 70.50 state otologist appointment 70.50.010 duties 70.50.020 Schools, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Health and safety Schools and school districts eye protection definitions 70.100.010 eye protection devices, requirement, when 70.100.020 standards 70.100.030 publication of manual containing instruction and recommendations for guidance 70.100.040 oral medication administration 28A.210.260 immunity from liability 28A.210.270 Scoliosis screening program in schools 28A.210.180, 28A.210.190, 28A.210.200, 28A.210.210, 28A.210.220, 28A.210.240, 28A.210.250 Seafood safety authority of department of health 43.70.185 Services improvement plan 43.70.520, 43.70.522, 43.70.550, 43.70.555 Sewage and waste disposal, powers of state board as to 43.20.050 Sewer districts, See SEWER DISTRICTS Sexually transmitted diseases minors, treatment of, parental consent not required 70.24.110 Sharps waste residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 Sharps waste collection 70.95.715 [RCW Index—page 336] Shellfish sanitary control Ch. 69.30 Sheriffs, duty in regard to 36.28.010 Skiing and winter sports conduct standards and responsibility Ch. 79A.45 conveyances, safety and inspection Ch. 79A.40 Smoking national uniform tobacco settlement nonparticipating tobacco product manufacturers Ch. 70.157 no smoking law penalty for violation of 70.160.070 paid to city or county bringing action 70.160.100 violations of 70.160.070 private workplaces when allowed 70.160.060 prohibited in public places 70.160.030 smoking prohibited posting of 70.160.050 tobacco products manufacturers Ch. 70.158 Smoking, See also HEALTH AND SAFETY, subtitle Washington clean indoor air act State department of health, See HEALTH, DEPARTMENT OF; HEALTH, STATE BOARD OF State institutions, See STATE INSTITUTIONS Steam engines and boilers, negligent use of steam 70.54.080 Sunscreening and coloring of glass on motor vehicles 46.37.430 Tattooing, See ELECTROLOGY AND TATTOOING Telephones, emergency calls on party lines definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency penalty 70.85.030 Temporary worker housing health and safety regulation Ch. 70.114A Threats to investigative powers of department of health 43.70.170 order prohibiting sale or disposition of food or other items, authority of secretary of health to issue 43.70.180 Tobacco national uniform tobacco settlement nonparticipating tobacco product manufacturers Ch. 70.157 tobacco products manufacturers Ch. 70.158 Trade secret exemptions regarding hazardous substances 49.70.165 Traffic safety commission, See TRAFFIC SAFETY COMMISSION Underground workers, generally Ch. 49.24 Utility poles, attachment of objects to penalty 70.54.090 prohibition 70.54.090 Vehicle equipment safety compact Ch. 46.38 Venereal diseases, See VENEREAL DISEASES Violations injunctions or legal proceedings, authority of secretary of health to seek or institute 43.70.190 Violent acts and at-risk behaviors data collection and reporting rules 43.70.540, 43.70.545 Vital statistics, See VITAL STATISTICS Washington clean indoor air act definitions 70.160.020 legislative intent 70.160.010 local regulations authorized 70.160.080 penalty for violation of 70.160.070 paid to city or county bringing action 70.160.100 private workplaces intent of act 70.160.060 smoking prohibited in public places 70.160.030 violations of 70.160.070 Water bottled water, authority of state board of health to adopt quality standards for 43.20.050 furnishing impure 70.54.020 polluting 70.54.010 water supply and distribution, powers of state board as to 43.20.050 Water, See also WATER AND WATER RIGHTS Water pollution cities and towns, power to protect against Ch. 35.88 polluting prohibited 70.54.010 Water pollution control Ch. 90.48 Water supply, polluting, penalty 70.54.010 Wheelchair conveyances safety standards 46.37.610 Wireless services, random testing on power density analysis 43.70.605 Worker and community right to know civil actions authorized 49.70.150 compliance with chapter, fines 49.70.190 definitions 49.70.020 discharge or discipline of employee prohibited 49.70.110 discrimination statutes apply 49.70.110 educational brochures and public service announcements 49.70.140 foreign language translations of written materials 49.70.105 industrial safety and health act applies 49.70.180 information requests, employer confidentiality 49.70.160 injunctive relief 49.70.190 legislative findings 49.70.010 trade secret exemptions 49.70.165 workplace survey request 49.70.100 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 HEALTH CARE Alcoholism and drug addiction treatment Ch. 70.96A Benefits contribution plan for state employees, See HEALTH CARE AUTHORITY Children insurance, access to coverage 74.09.402 Community health centers multicultural health care technical assistance programs 41.05.230 transfer of responsibilities to state health care authority 41.05.220 Data collection, storage, assessment, and review, duties of department of health 43.70.050 hospital financial reports and patient discharge data collection, department of health duties 43.70.052 Indian health data and statistics information system 43.70.052 standards 43.70.054 Declarations account 70.122.140 registry 70.122.130 Dental care assistance plans requirements 49.64.040 Developmental disabilities, See DEVELOPMENTAL DISABILITIES, PERSONS WITH Employee benefit plans dental care assistance plans 49.64.040 Health care policy board, See HEALTH CARE POLICY BOARD Health care savings accounts 48.68.010, 48.68.020 Health care settings workplace violence planning and protection Ch. 49.19 (2008 Ed.) HEALTH CARE AUTHORITY Health disparities, governor’s interagency coordinating council on, See HEALTH, STATE BOARD OF Health professions regulation criteria Ch. 18.120 uniform administrative provisions Ch. 18.122 uniform disciplinary act Ch. 18.130 Health resources strategy, statewide Ch. 43.370 Health services act of 1993 43.72.910 Health services commission, See HEALTH SERVICES COMMISSION Immunization assessment and enhancement proposals by local health jurisdictions 43.70.525 Indian health care delivery plan 43.70.590 Industrial insurance, See INDUSTRIAL INSURANCE Informed consent 7.70.065 Insurance patient bill of rights 48.43.500, 48.43.505, 48.43.510, 48.43.515, 48.43.520, 48.43.525, 48.43.530, 48.43.535, 48.43.540, 48.43.545, 48.43.550 retired and disabled state and school employees’ premium reduction subsidy 41.05.085 Insurance, See also INSURANCE, subtitle Disability insurance; INSURANCE, subtitle Health care services Labor relations actions for relief from unfair labor practices 49.66.070 arbitration, compensation, expenses 49.66.120 bargaining units 49.66.030 board of arbitration 49.66.090, 49.66.100, 49.66.110 definitions 49.66.020 picketing 49.66.060 policy 49.66.010 procedures 49.66.080 remedial orders 49.66.070 strikes 49.66.060 unfair labor practices 49.66.040, 49.66.050 Lumpectomy insurance discrimination based on, certain prohibited 48.20.397 Malpractice claims arbitration of health care actions Ch. 7.70A certificate of merit 7.70.150 closed claim reporting 7.70.140 frivolous claims 7.70.160 mediation exemption of mediated action from superior court arbitration or settlement conference requirements 7.70.130 mandatory mediation required, procedures 7.70.100 right to trial not abridged by unsuccessful attempt 7.70.120 tolling of statute of limits for, requirements 7.70.110 Managed competition anti-trust immunity 43.72.310 attorney general duties 43.72.310 Marijuana medical use Ch. 69.51A Medical malpractice health care services coordinated quality improvement program to identify and prevent 43.70.510 Medical records access and disclosure Ch. 70.02 Medical test sites, See MEDICAL TEST SITES Mental health advance directives generally Ch. 71.32 Mental illness, See HOSPITALS FOR MENTALLY ILL; MENTALLY ILL Migrant health centers multicultural health care technical assistance programs 41.05.230 (2008 Ed.) transfer of responsibilities to state health care authority 41.05.220 Multicultural health care technical assistance programs 41.05.230 Peer review exclusive remedy 7.71.030 federal law applicable 7.71.020 legislative findings 7.71.010 other immunities not limited or repealed 7.71.040 Power of attorney health care decisions 11.94.010 duration 11.94.043 termination or revocation 11.94.043 validity 11.94.046 Practice indicators and risk management protocols, department of health development and evaluation duties 43.70.500 Public employees, retired retirement allowance deductions, authorized for 41.04.235 Purchased by state agencies alternative health care providers, agencies to identify 70.14.020 Data sharing, Idaho and Oregon 70.14.150 drug purchasing cost controls, evidence based prescription drug program 70.14.050 health technology clinical committee agency compliance 70.14.120 applicability to services purchased from carriers 70.14.140 definitions 70.14.080 determinations 70.14.110 establishment 70.14.090 public notice 70.14.130 selection and assessment, technologies 70.14.100 prescription drug purchasing consortium account 70.14.070 committee, rules 70.14.060 review of prospective rate setting methods 70.14.040 utilization review procedures, agencies to establish plan 70.14.030 Quality assurance and improvement program feasibility study, requirements 43.70.064, 43.70.066 interagency cooperation for review of rules and programs 43.70.068 Quality improvement program, coordinated program for improvement of health care services provided 43.70.510 Reform health services account 43.72.900 health services commission, See HEALTH SERVICES COMMISSION health system capacity account 43.72.904 managed competition anti-trust immunity 43.72.310 attorney general duties 43.72.310 personal health services account 43.72.906 public health services account 43.72.902 short title 43.72.910 workers’ compensation managed care pilot projects 43.72.860 Resources appropriate and cost-effective use, promotion, department of health duties 43.70.060 Risk management protocols and practice indicators, department of health development and evaluation duties 43.70.500 Rural, See RURAL HEALTH CARE Rural and underserved areas health care professionals recruitment and retention Ch. 70.185 State employees, See HEALTH CARE AUTHORITY State health care cost containment policies 43.41.160 Studies special studies or analysis requested of department of health, liability for costs 70.170.050 Underserved areas, See RURAL HEALTH CARE Underserved populations, multicultural health care technical assistance programs 41.05.230 Underserved populations, responsibility of state health care authority for extension of access to managed care to 41.05.220 Warren Featherstone Reid award for excellence in health care 43.70.045, 43.70.047 Washington health services act of 1993 43.72.910 HEALTH CARE ASSISTANTS (See HEALTH CARE PRACTITIONERS) HEALTH CARE AUTHORITY Administrative account 41.05.130 Administrator 41.05.021 Agencies contributions by 41.05.050 duties 41.05.008 information systems 41.05.031 Authority general provisions 41.05.140 Basic health plan administrator, powers and duties 70.47.060 administrator and appointing authority 70.47.040 powers, duties, and functions transferred to health care authority 70.47.005 Benefit plans contracts with insuring entities 41.05.075 general provisions 41.05.075 performance measures 41.05.075 Chiropractic prepaid capitated amount for services, pilot projects 18.25.200 Chronic care management program 41.05.023 Claims general provisions 41.05.140 Community health centers multicultural health care technical assistance programs 41.05.230 transfer of responsibilities to authority 41.05.220 Contract proposals, confidentiality 41.05.026 Cost control and delivery strategies 41.05.021 Definitions 41.05.011 Dependent care assistance program powers, duties, functions 41.05.295 Disabled employees, continuation of benefits 41.05.080 Exchange of health information 41.05.035 Federal employer incentive program 41.05.068 Flexible spending administrative account 41.05.123 Individual health plan coverage 41.05.400 Inmate health care system department of corrections to confer with authority to develop plan to conform to health care reform act requirements 41.05.280 Law enforcement officers’ and fire fighters’ retirement system eligibility of members to enroll in authority benefit plans 41.04.205 Managed competition 41.05.021 Mandated health insurance benefits Ch. 48.47 Medical and dental plan benefits administration accounts 41.05.143 Medical director 41.05.015 Medical insurance plan dental procedures, general anesthesia 41.05.183 Medicare insurance plan choice of policies to be made available 41.05.195 self-insured supplemental plan 41.05.197 Mental health services definition, coverage 41.05.600 rules, adoption 41.05.601 [RCW Index—page 337] HEALTH CARE FACILITIES Migrant health centers multicultural health care technical assistance programs 41.05.230 transfer of responsibilities to authority 41.05.220 Multicultural health care technical assistance programs 41.05.230 Nurse hotline 41.05.037 Organization and duties 41.05.021 Prescription drugs assistance and education, rules 41.05.530 assistance foundation 41.05.550 pharmacy connection program 41.05.520 price discounts, eligibility and fees 41.05.500 purchasing account 41.05.510 purchasing consortium account 70.14.070 committee, rules 70.14.060 Prostate cancer screening 41.05.177 Public employees’ and retirees’ insurance account 41.05.120 Public employees’ and retirees’ insurance reserve fund 41.05.140 Public employees’ benefits board duties 41.05.065 members 41.05.055 Public-employees’ benefits board medical benefits administration account 41.05.143 Purchasing agent for state health services, designation as single agent for 41.05.022 Purpose 41.05.006 Quality forum 41.05.029 Retired employees, continuation of benefits 41.05.080 Risk pool merger of state-purchased health services program into single, community-rated risk pool 41.05.022 Rules, authority 41.05.160, 41.05.165 Salary reduction agreements amendment or termination 41.05.340 authorization 41.05.300 construction 41.05.360 eligibility 41.05.320 participation 41.05.320 plan, policies, and procedures 41.05.310 recordkeeping requirements 41.05.330 rule-making authority 41.05.350 withdrawal 41.05.320 Same sex domestic partner benefits 41.05.066 Self-insurance authority 41.05.140 Shared decision-making demonstration project 41.05.033 State employee health demonstration project 41.05.541 State employee health program 41.05.540 Tax on premiums exemption, expiration 48.14.027 Tricare supplemental insurance policy 41.05.205 Underserved populations, multicultural health care technical assistance programs 41.05.230 Underserved populations, responsibility for extension of access to managed care to 41.05.220 Uniform policies, requirement for 41.05.013, 41.05.017 Unmarried dependents, under age twenty-five 41.05.095 HEALTH CARE FACILITIES Abortion definitions 9.02.170 infant’s right to medical treatment 18.71.240 refusal to perform 9.02.150 AIDS education and training 70.24.310 Ambulatory surgical facilities Ch. 70.230 Birthing centers, licensing and regulation Ch. 18.46 Certificate of need amendment 70.38.115 [RCW Index—page 338] applications pending as of July 1, 1989, review and action based on prior law 70.38.918 exemptions 70.38.111 hospice care centers, application of chapter 70.38.230 issuance, review criteria 70.38.115 pending at time of 1983 act 70.38.914 savings clause, 1980 act 70.38.156 savings clause, 1983 act 70.38.157 savings clause, 1989 act 70.38.158 services and facilities subject to 70.38.105 Declaration of public policies 70.37.010 Definitions 70.37.020 Employees hours of labor 49.28.130, 49.28.140, 49.28.150 Health resources strategy, statewide Ch. 43.370 Hospitals, See HOSPITALS Interference with warrantless arrest, when authorized 10.31.100 Interference with facilities or providers civil damages 9A.50.050 civil remedies 9A.50.040 definitions 9A.50.010 informational picketing not prohibited 9A.50.060 penalties 9A.50.030 protection of patients and providers 9A.50.070 unlawful acts 9A.50.020 Malpractice actions for injuries resulting from 7.70.010, 7.70.020, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Medical records access and disclosure Ch. 70.02 Medical test sites, See MEDICAL TEST SITES Mental illness, See HOSPITALS FOR MENTALLY ILL Natural death act patient discharge to die at home immunity from civil or criminal liability 70.122.110 Nursing homes administrators, licensing and regulation Ch. 18.52 bed-to-population ratio redistribution and addition 70.38.250 ethnic minorities pool of beds to serve special needs of 70.38.220 licensing and regulation Ch. 18.51 Nursing pools, registration and duties Ch. 18.52C Purposes 70.37.010 Rural, See RURAL HEALTH CARE Washington health care authority advancements, contributions by political subdivisions 70.37.110 bond issues disposition of proceeds, special fund 70.37.080 payments 70.37.070 special trust fund 70.37.070 bonding authority 70.37.040 chairman 70.37.030 governor 70.37.030 compensation and travel expenses 70.37.030 established 70.37.030 financing, requests for 70.37.050 financing plan 70.37.050 leasing, selling authority 70.37.040 members 70.37.030 powers 70.37.040, 70.37.100 projects, investigation and financing costs, payment 70.37.090 revenue bonds 70.37.040 special fund authorized 70.37.050 special fund bonds 70.37.040 terms 70.37.030 vacancies 70.37.030 Washington health care facilities bond issues administration of special trust fund 70.37.070 legal investment for 70.37.060 payment 70.37.060 terms 70.37.060 bonding authority 70.37.050 Whistleblowers, protection 43.70.075 Workplace violence planning and prevention definitions 49.19.010 home health, hospice, and home care agencies, enforcement 49.19.070 noncompliance, penalties 49.19.050 plan development and implementation, assistance 49.19.060 security and safety assessment 49.19.020 violence prevention training 49.19.030 violent acts, recordkeeping requirements 49.19.040 HEALTH CARE FALSE CLAIM ACT Circumstantial evidence 48.80.040 Civil action not limited 48.80.050 Conviction of provider, verification to regulatory agency 48.80.060 Definitions 48.80.020 Prohibited acts 48.80.030 HEALTH CARE INFORMATION DISCLOSURE Certification of medical records 70.02.070 Civil remedies, failure to comply 70.02.170 Correction, amendment, or statement of disagreement procedure 70.02.110 Correction or amendment of record 70.02.100 Definitions 70.02.010 Discovery request or compulsory process 70.02.060 Mental health counselors, marriage and family therapists, social workers 70.02.180 Mental illness records’ maintenance, disclosure, and confidentiality Ch. 71.05 Notice of information practices 70.02.120 Patient authorization 70.02.020, 70.02.030 Patient authorization, revocation 70.02.040 Patient’s examination and copying, requirements 70.02.080 Patient’s request for examination and copying, denial 70.02.090 Representative of deceased patient 70.02.140 Representative of patient 70.02.130 Retention of records 70.02.160 Security safeguards 70.02.150 Third-party payor release of information 70.02.045 Without patient’s authorization 70.02.050 HEALTH CARE PRACTITIONERS Controlled substances, uniform act Ch. 69.50 Drug samples Ch. 69.45 Emergency or disaster assistance volunteers 43.70.680 Health care assistants blood-drawing procedures, research 18.135.110 certification requirements 18.135.030 requirements and fees 18.135.055 roster of certified assistants 18.135.050 who may certify 18.135.050 definitions 18.135.020 delegation of duties, responsibilities 18.135.065 hemodialysis technicians, task force 18.135.062 practices authorized 18.135.010 recertification 18.135.050 scope of practice 18.135.040, 18.135.060 uniform disciplinary act, application 18.135.100 unlicensed practice, functions do not constitute 18.135.090 vaccines, administration of 18.135.120 violations (2008 Ed.) HEALTH MAINTENANCE ORGANIZATIONS investigations and disciplinary actions 18.135.070 Health department duties 43.70.620 Health personnel, strategic plan for supply of 28C.18.120 Health professional conditional scholarship program Ch. 28B.115 Health professions account 18.71.401 Health resources strategy, statewide Ch. 43.370 Immune from liability when charging another member with incompetency or gross misconduct 4.24.250 Immunity from liability making reports, filing charges, presenting evidence 4.24.260 provision of care to minor 26.09.310 Licenses controlled substances, suspension for violations 69.50.413 Limited liability companies for professional service providers Ch. 25.15 Malpractice insurance coverage by self-insurer conditioned upon practitioner participation in risk management training 48.05.410 liability risk management training program 48.22.080 Marijuana medical use Ch. 69.51A Medical malpractice actions for injuries resulting from health care Ch. 7.70 arbitration of health care actions Ch. 7.70A health care services coordinated quality improvement program to identify and prevent 43.70.510 Medical malpractice suits admissibility, gestures of apology 5.64.010 Medical records access and disclosure Ch. 70.02 Multicultural health awareness and education program 43.70.615 Natural death act patient discharge to die at home immunity from civil or criminal liability 70.122.110 Orthotic and prosthetic services Ch. 18.200 Personal aides for persons with functional disabilities 74.39.007, 74.39.050, 74.39.060, 74.39.070 Practice indicators and risk management protocols, department of health development and evaluation duties 43.70.500 Prescription drugs Ch. 69.41 Records of review committee or board, members, or employees not subject to process 4.24.250 Risk management protocols and practice indicators, department of health development and evaluation duties 43.70.500 Steroid use restricted, recordkeeping requirements 69.41.320 Surgical technologists Ch. 18.215 Tuberculosis report of cases 70.28.010 Uniform disciplinary act Ch. 18.130 Vision care, consumer access to Ch. 18.195 Work force supply and demographics surveys, data, reports 43.70.695 HEALTH CARE PROVIDERS Abortion defenses to prosecution 9.02.130 definitions 9.02.170 refusal to perform 9.02.150 right to assist physician in providing 9.02.110 state regulation 9.02.140 unauthorized, penalty 9.02.120 Health resources strategy, statewide Ch. 43.370 Hospitals cost disclosure to providers 70.41.250 Indecent liberties (2008 Ed.) class B felony 9A.44.100 Interference with facilities or providers civil damages 9A.50.050 civil remedies 9A.50.040 definitions 9A.50.010 informational picketing not prohibited 9A.50.060 penalties 9A.50.030 protection of patients and providers 9A.50.070 unlawful acts 9A.50.020 Rape and indecent liberties persons with mental disorders and chemical dependencies 9A.44.010, 9A.44.100 Rape in second degree defined elements 9A.44.050 Rebating prohibited, penalty Ch. 19.68 Warren Featherstone Reid award for excellence in health care 43.70.045, 43.70.047 Whistleblowers, protection 43.70.075 HEALTH CARE SERVICE CONTRACTORS (See INSURANCE, subtitle Health care service contractors) HEALTH CLUBS (See HEALTH STUDIOS) HEALTH COORDINATING COUNCIL (See HEALTH PLANNING AND RESOURCES DEVELOPMENT) HEALTH DISTRICTS Board of health powers and duties 70.46.060, 70.46.100 representation 70.46.020, 70.46.031 Cities over 100,000 inclusion within 70.46.080 Contaminated properties decontamination, disposal, or demolition of decontamination by owner 64.44.050 definitions 64.44.010 immunity from civil liability 64.44.080 local health officer, duties 64.44.020 powers 64.44.070 report to local health officer 64.44.020 unfit for use order, issuance procedure 64.44.030 Defined 70.12.030 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Expenses of public health services, responsibility for 70.46.085 Fees for license or permit 70.46.120 Funds, public health pooling fund, generally Ch. 70.12 Generally Ch. 70.46 Health services expenses, responsibility for 70.46.085 One county 70.46.031 Two or more counties 70.46.020 Well sealing and decommissioning, authority 18.104.043 Withdrawal from 70.46.090 HEALTH INSURANCE COVERAGE ACCESS ACT (See INSURANCE, subtitle Health care access) HEALTH MAINTENANCE ORGANIZATIONS (See also HEALTH SERVICES COMMISSION) Administrative review 48.46.220 Adopted children coverage 48.46.490 Advertising false or misleading prohibited 48.46.400 Asset acquisitions and dispositions, disclosure 48.46.610, 48.46.615 Basic health plan benefits small employers 48.46.066, 48.46.068 Benefits reduction or refusal on basis of other existing coverage restrictions on the use of 48.21.200 Cancellation, denial, refusal of coverage insurance commissioner not liable 48.46.390 Cancellation, denial, refusal to renew agreement notice of reason for 48.46.380 Catastrophic health plans 48.46.045 Certificate of need issuance, review criteria 70.38.115 Certificate of registration application requirements 48.46.030 eligibility requirements 48.46.030 issuance financial solvency requirements 48.46.040 grounds for refusal 48.46.040 inspection and review by department 48.46.040 name restrictions 48.46.040 suspension or revocation 48.46.130 fine in lieu of or in addition to 48.46.135 Certified health plans taxes premiums and prepayments tax 48.14.0201 uniform benefits package disapproval by legislature, submission of modified package 43.72.180 uniform benefits package constitutes minimum benefits that may be offered by plan 43.72.090 Chemical dependency treatment 48.46.350 Compliance with federal funding requirements 48.46.210 Congenital disorders, prenatal testing 48.46.375 Conservators 48.46.130 Continuation of coverage former family members, individual agreements 48.46.480 Contracts, agreements, and documents cancellation limitations 48.46.060 filing requirement 48.46.060 grounds for disapproval 48.46.060 individual contracts, rates 48.46.062, 48.46.064 minimum standards 48.46.060 Corporate document filings 48.46.012 Corporate documents, certain copies provided to insurance commissioner 43.07.175 Definitions 48.46.020 Denturist services 48.46.570 Dependent children coverage 48.46.250 under age twenty-five 48.46.325 congenital anomalies 48.46.250 newborns notification of birth 48.46.250 termination of coverage 48.46.320 Diabetes coverage 48.46.272 Discrimination freedom from for insurance transactions 49.60.030 prohibited practices 49.60.178 Discrimination, prohibited 48.46.110 Effect of chapter as to other laws, construction 48.46.170 Employer health plans, registered uniform benefits package constitutes minimum benefits that may be offered by plan 43.72.090 Employers’ duty to inform employees of health maintenance organizations enrollment option 48.46.180 Endorsement of agreement modifications required 48.46.470 Enforcement authority of insurance commissioner 48.46.430 Examinations of operations by commissioner 48.46.120 False or misleading advertising prohibited 48.46.400 Fees 48.46.140 Financial interests of authorities regulated 48.46.270 Financial statement, annual reporting requirements 48.46.080 Funded reserve requirements 48.46.240 Future dividends or future refunds regulated 48.46.300 Governing body advisory boards 48.46.070 federal compliance in lieu of certain state requirements 48.46.070 [RCW Index—page 339] HEALTH PLANNING AND RESOURCES DEVELOPMENT members nomination and election 48.46.070 qualifications 48.46.070 Grievance procedure 48.46.100 Group disability insurance benefits reduction or refusal on basis of other existing coverage restrictions on the use of 48.21.200 Group subscribers ineligibility of an individual continuation option 48.46.440 conversion option 48.46.450, 48.46.460 labor disputes individual may pay on own to keep coverage 48.46.360 Handicapped may not deny coverage based on 48.46.370 Health maintenance organizations insolvency commissioner’s duties 48.44.057 Holding company act Ch. 48.31C Individual agreements continuation of coverage for former family members 48.46.480 group subscribers who become ineligible continuation option 48.46.440 conversion option 48.46.450, 48.46.460 modification signed endorsement required 48.46.470 return within ten days of delivery refund 48.46.260, 48.46.340 Individual contracts, rates 48.46.062, 48.46.064 Insolvency allocation of coverage 48.44.057, 48.46.247 contracts between organizations and providers 48.46.243 insurance commissioner’s duties 48.44.057, 48.46.243, 48.46.245, 48.46.247 participants’ options 48.44.057, 48.46.247 plan for handling 48.46.245 priority in distribution of assets 48.46.225 supervision by commissioner 48.46.225 Insurance commissioner enforcement authority 48.46.430 Labor disputes group subscriber, individual may pay on own to keep coverage 48.46.360 Legislative declaration, purposes 48.46.010 Lumpectomy discrimination based on, certain prohibited 48.46.285 Malpractice actions for injuries resulting from Ch. 7.70 arbitration of health care actions Ch. 7.70A Mammograms required coverage 48.46.275 Mastectomy discrimination based on, certain prohibited 48.46.285 reconstructive breast surgery coverage required 48.46.280 Material transactions, disclosure 48.46.600, 48.46.605, 48.46.615, 48.46.620, 48.46.625 Medical risk adjustment mechanisms disapproval by legislature, submission of revised package by health services commission 43.72.180 Mental health treatment waiver of preauthorization requirement for persons involuntarily committed 48.46.292 Minimum net worth requirements 48.46.235, 48.46.237 Misrepresentation to induce retention or termination of agreement prohibited 48.46.410 Name restrictions 48.46.110 Neurodevelopmental therapy required coverage, employer-sponsored contracts 48.46.520 Nonresident pharmacies insurer may provide coverage only from licensed nonresident pharmacy 48.46.540 [RCW Index—page 340] proof of licensure requirements, insurer duties 48.46.540 Osteopathic medicine and surgery, discrimination prohibited 48.46.575 Premiums and prepayments tax 48.14.0201 Prepayment agreements 48.46.060 Prescriptions preapproved individual claim may not be rejected later, recordkeeping requirements 48.46.535 Producer defined 48.46.023 license 48.46.023 Professional negligence limitation on suits arising from 4.16.350 Public employees payroll deductions authorized 41.04.233 Receivers 48.46.130 Reconstructive breast surgery coverage required 48.46.280 Recovery of costs for unentitled services 48.46.110 Registration not an endorsement by insurance commissioner 48.46.310 penalty for violations 48.46.027 required 48.46.027 Rules and regulations 48.46.200 Securities issuance penalty for violations 48.46.027 regulations 48.46.027, 48.46.300 Standard of services 48.46.090 State employee health care programs Ch. 41.05 Temporomandibular joint disorders optional coverage requirements 48.46.530 Unfair practices 49.60.178 Violations compliance orders 48.46.130 injunctive relief 48.46.130 investigations, hearings, penalties 48.46.130 receiver or conservator appointment 48.46.130 Violations of chapter penalties 48.46.420 HEALTH PLANNING AND RESOURCES DEVELOPMENT Board of health recommendation authority 70.38.135 Certificate of need amendment 70.38.115 applicable law, effective date 70.38.915 applications pending as of July 1, 1989, review and action based on prior law 70.38.918 duration of 70.38.125 elective percutaneous coronary interventions 70.38.128 exemptions 70.38.111 hospice agencies 70.38.118 hospice care centers, application of chapter 70.38.230 issuance, revocation procedures 70.38.115 pending at time of 1983 act 70.38.914 procedures and review criteria, establishment of 70.38.115 savings clause 70.38.155 savings clause, 1980 act 70.38.156 savings clause, 1983 act 70.38.157 savings clause, 1989 act 70.38.158 services and facilities subject to 70.38.105 violations injunctive relief 70.38.125 penalties 70.38.125 Definitions 70.38.025 Effective date, 1980 act 70.38.916 Expert or consultant services, contracting authority 70.38.135 Facilities survey authority 70.38.135 Federal law, conflict with, construction 70.38.905 Health, department of, authority 70.38.135 Health systems agencies public disclosure, records, meetings 70.38.095 Nursing homes bed-to-population ratio redistribution and addition 70.38.250 ethnic minorities pool of beds to serve special needs of 70.38.220 Public policy, declaration of 70.38.015 Rule making authority 70.38.135 Statewide health resources strategy 70.38.018 HEALTH PROFESSIONS, REGULATION OF (See HEALTH SERVICES, subtitle Health professions) HEALTH PROFESSIONS ADVISORY COMMITTEE (See HEALTH CARE PRACTITIONERS) HEALTH SCIENCES AND SERVICES AUTHORITIES Applications 35.104.040 Bonds 35.104.070, 35.104.080 Creation 35.104.030 Definitions 35.104.020 Dissolution, sponsoring local government 35.104.100 Governing board 35.104.050 Liability 35.104.090 Powers and duties 35.104.060 Purpose 35.104.010 HEALTH SERVICES AIDS education and training for health professionals 70.24.270 Children with multiple handicaps administrative responsibility 74.26.040 contracts for services, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 program plan, development of 74.26.030 regulation promulgation, when 74.26.040 Chore services home health care definitions 70.126.010 disability insurance 48.21A.090 group disability insurance 48.21.220 health care insurance to cover 48.44.320 legislative finding 70.126.001 services and supplies included, not included 70.126.020 insurance provisions, limited application 70.126.060 Cigarette tax, funding Ch. 82.24, Ch. 82.26 Diabetes disability insurance coverage 48.20.391 Employer and employees deductions for 49.52.010 duty of employer 49.52.010, 49.52.030, 49.52.040 Evaluation and analysis of outcomes and effectiveness, department of health duties 43.70.070 Food and food products, powers as to 43.20.050 Funding beer, additional tax imposed to fund 66.24.290 Health boards consumer representative defined 43.20.025 Health care assistants, authorization and regulation Ch. 18.135 Health officer defined 43.20.025 Health professional conditional scholarship program Ch. 28B.115 Health professions domestic violence education program for health care professionals 43.70.610 licenses armed forces and merchant marine, license remains valid while member, renewal upon discharge 43.70.270 (2008 Ed.) HEALTH SERVICES COMMISSION examinations, appointment of temporary members to licensing boards and committees for administration and grading of 43.70.260 extension or modification of duration of license, certificate, or registration 43.70.280 fees 43.70.250 health professions account, deposit of fees and penalties 43.70.320 issuance, renewal, or reissuance, procedures 43.70.280 transfer of department of licensing duties and powers to department of health 43.70.220 written operating agreements 43.70.240 regulation criteria applicants requesting regulation 18.120.030, 18.120.040 continuing education as condition of licensure 18.120.050 definitions 18.120.020 purpose 18.120.010 uniform administrative provisions advisory committees 18.122.070 application of chapter 18.122.160 applications 18.122.110 credentialing by endorsement 18.122.130 credentialing requirements 18.122.080 definitions 18.122.020 educational programs, approval 18.122.090 examinations 18.122.100 recordkeeping requirements 18.122.060 registration, certification, and licensure 18.122.030, 18.122.040, 18.122.140 secretary of health, duties 18.122.050 uniform disciplinary act, application 18.122.150 waiver of examinations 18.122.120 uniform disciplinary act Ch. 18.130 Home care agencies licensure bill of rights 70.127.140 billing statements 70.127.140 compliance procedure 70.127.180, 70.127.190 definitions 70.127.010 drugs and controlled substances, rules 70.127.130 durable power of attorney, prohibition 70.127.150 fees 70.127.090 interpretive guidelines 70.127.125 procedures, generally 70.127.080, 70.127.100, 70.127.170, 70.127.200 required after 7/1/90 70.127.020 rules 70.127.120 scope of regulation, exemptions 70.127.040 survey 70.127.085 terms, use restricted 70.127.030 unlicensed operation, cease and desist orders 70.127.213 unlicensed operation, consumer protection act 70.127.216 Home health care definitions 70.126.010 disability insurance 48.21A.090 group disability insurance 48.21.220 health care insurance to cover 48.44.320 home care quality authority, regulation 70.127.041 insurance provisions, limited application 70.126.060 legislative finding 70.126.001 licensure bill of rights 70.127.140 billing statements 70.127.140 compliance procedure 70.127.180, 70.127.190 definitions 70.127.010 drugs and controlled substances, rules 70.127.130 durable power of attorney, prohibition 70.127.150 (2008 Ed.) fees 70.127.090 interpretive guidelines 70.127.125 procedures, generally 70.127.080, 70.127.100, 70.127.170, 70.127.200 required after 7/1/90 70.127.020 rules 70.127.120 scope of regulation, exemptions 70.127.040 survey 70.127.085 terms, use restricted 70.127.030 services and supplies included, not included 70.126.020 unlicensed operation, cease and desist orders 70.127.213 unlicensed operation, consumer protection act 70.127.216 Hospice care applicants, rules 70.127.280 business and occupation tax exemption 82.04.4289 certificate of need, application of chapter 70.38.230 certificate of need, exemption 70.38.118 definitions 70.126.010 disability insurance 48.21A.090 group disability insurance 48.21.220 health care insurance to cover 48.44.320 hospice care plan 70.126.030 insurance provisions, limited application 70.126.060 legislative finding 70.126.001 licensure bill of rights 70.127.140 billing statements 70.127.140 compliance procedure 70.127.180, 70.127.190 definitions 70.127.010 drugs and controlled substances, rules 70.127.130 durable power of attorney, prohibition 70.127.150 fees 70.127.090 interpretive guidelines 70.127.125 procedures, generally 70.127.080, 70.127.100, 70.127.170, 70.127.200 required after 7/1/90 70.127.020 rules 70.127.120 scope of regulation, exemptions 70.127.040 survey 70.127.085 terms, use restricted 70.127.030 volunteer organizations 70.127.050 provider to be a hospice agency 70.126.030 services included 70.126.030 Hospitals disclosure of information 70.41.150 standards and rules 70.41.030 Hospitals, See also HOSPITALS Informed consent 7.70.065 Inmates in custody of department of corrections 72.10.040 contracts for services 72.10.030 definitions 72.10.010 health services delivery plan 72.10.020 rule making authority 72.10.040, 72.10.050 Insurance child support 26.09.105 Long-term care ombudsman program municipal authority 36.39.060 Lumpectomy insurance discrimination based on, certain prohibited 48.21.235, 48.44.335, 48.46.285 Mammograms disability insurance coverage 48.20.393 group disability insurance, required coverage 48.21.225 required coverage, health care services contracts 48.44.325 required coverage, health maintenance organizations 48.46.275 Mastectomy insurance discrimination based on, certain prohibited 48.20.397, 48.21.235, 48.44.335, 48.46.285 reconstructive breast surgery disability insurance coverage 48.20.395 group disability insurance coverage 48.21.230 health care insurance to cover 48.44.330 health maintenance organizations coverage required 48.46.280 Medical test sites, See MEDICAL TEST SITES Membership 43.20.030 Neurodevelopmental therapy required coverage, employer-sponsored contracts 48.46.520 required coverage, employer-sponsored group contracts 48.21.310, 48.44.450 Orthotic and prosthetic services Ch. 18.200 Physicians, regulation of professional services 70.41.180 Powers and duties, generally 43.20.050 Public facilities, powers as to 43.20.050 Public health, threats to attorney general, duty to enforce 43.20A.660 grant-in-aid payment to local health departments 43.20.200 local health department, grant-in-aid to 43.20.200 notice to violators 43.20A.660 prosecuting attorneys, duties to enforce 43.20A.660 reports of violations, duty of attorney general and prosecuting attorneys to enforce 43.20A.660 Quarantine, powers as to 43.20.050 Reconstructive breast surgery disability insurance coverage 48.20.395 group disability insurance coverage 48.21.230 health care insurance to cover 48.44.330 health maintenance organizations coverage required 48.46.280 Report to governor 43.20.100 Reports of abuse of dependent adults 74.34.040 Rules and regulations, duty of public officers to enforce, penalty 43.20.050 Rural, See RURAL HEALTH CARE Sewage and waste disposal, powers as to 43.20.050 Sexually transmitted diseases venipuncture, case workers authorized to perform 70.24.120 Surgical technologists Ch. 18.215 Temporomandibular joint disorders optional coverage requirements, group disability plans 48.21.320, 48.44.460 optional coverage requirements, health maintenance organizations 48.46.530 Terminally ill persons, palliative care not criminal mistreatment 9A.42.045 Venereal diseases generally Ch. 70.24 Vision care, consumer access to Ch. 18.195 Vital statistics, See VITAL STATISTICS Vulnerable adults reports of abuse 74.34.035, 74.34.053, 74.34.063, 74.34.067, 74.34.068, 74.34.070, 74.34.095 reports of abuse of dependent adults 74.34.050 Warren Featherstone Reid award for excellence in health care 43.70.045, 43.70.047 Water and water supply, treatment, storage and distribution of, powers as to 43.20.050 Whistleblowers, protection 43.70.075 HEALTH SERVICES COMMISSION Certified health plans uniform benefits package disapproval by legislature, submission of modified package 43.72.180 Definitions 43.72.011 Managed competition anti-trust immunity 43.72.310 attorney general duties 43.72.310 [RCW Index—page 341] HEALTH STUDIOS Medical risk adjustment mechanisms disapproval by legislature, submission of modified package 43.72.180 HEALTH STUDIOS Attorney fees for prevailing buyer 19.142.110 Cancellation notice 19.142.050 Consumer protection act, application 19.142.100 Contracts contents 19.142.040 waivers of regulation illegal 19.142.090 written contract required 19.142.030 Definitions 19.142.010 Membership plans 19.142.020 Refund 19.142.050 Special offers 19.142.020 Surety bond guaranteeing opening 19.142.070, 19.142.080 Trust account for preopening membership dues 19.142.060, 19.142.070, 19.142.080 Violation of trust account or bond requirement 19.142.080 HEARING AIDS (See HEARING AND SPEECH SERVICES) HEARING AND SPEECH SERVICES Audiologists assistant ratios, data collection 18.35.270 disciplinary action, grounds 18.35.110, 18.35.120 licenses applicants, eligibility 18.35.040 competency standards 18.35.090 continuing education 18.35.090 examinations 18.35.050 exemptions 18.35.195 inactive status 18.35.095 issuance 18.35.080 prerequisite to suits 18.35.190 reciprocity 18.35.085 renewal 18.35.090 required 18.35.020 permits 18.35.060 place of business 18.35.100 recordkeeping requirements 18.35.105 Board of hearing and speech membership, organization, and operation 18.35.150 powers and duties 18.35.161 Chapter exclusive 18.35.205 Definitions 18.35.010 Health, department of, powers and duties 18.35.140 Hearing instrument fitters/dispensers advertising, application of false advertising act 18.35.180 consumer protection act, application 18.35.180 disciplinary action, grounds 18.35.110, 18.35.120 licenses applicants, eligibility 18.35.040 competency standards 18.35.090 continuing education 18.35.090 examinations 18.35.050, 18.35.070 exemptions 18.35.195 inactive status 18.35.095 issuance 18.35.080 prerequisite to suits 18.35.190 reciprocity 18.35.085 renewal 18.35.090 required 18.35.020 permits 18.35.060 place of business 18.35.100 receipt required, contents 18.35.030 recordkeeping requirements 18.35.105 sales rescission of transaction, procedures 18.35.185 unlawful practices 18.35.175 Speech-language pathologists assistant ratios, data collection 18.35.270 disciplinary action, grounds 18.35.110, 18.35.120 [RCW Index—page 342] licenses applicants, eligibility 18.35.040 competency standards 18.35.090 continuing education 18.35.090 examinations 18.35.050 exemptions 18.35.195 inactive status 18.35.095 issuance 18.35.080 prerequisite to suits 18.35.190 reciprocity 18.35.085 renewal 18.35.090 permits 18.35.060 place of business 18.35.100 recordkeeping requirements 18.35.105 Uniform disciplinary act, application 18.35.172 Unprofessional conduct 18.35.162 Violations cease and desist orders 18.35.220 injunctions 18.35.220 misrepresentation of credentials 18.35.260 remedies 18.35.250 service of process 18.35.230 surety bond or security 18.35.240 HEARING IMPAIRED (See DEAF) HEARINGS (See also ADMINISTRATIVE HEARINGS, OFFICE OF; ADMINISTRATIVE PROCEDURE; MEETINGS AND ASSEMBLIES) Acquisition and disposition of property for highway construction 47.12.180 Administrative hearings, office of Ch. 34.12 Appearance of fairness doctrine Ch. 42.36 Certiorari proceedings 7.16.110, 7.16.330 judicial determinations 7.16.120 Cities and towns, local improvements and assessments hearings by superior court 35.44.250 Comprehensive plans hearing examiner system 35.63.130 County bridges, franchises 36.55.050 Criminal procedure, material witnesses, hearing on materiality 10.52.040 Erotic material, sale or distribution to minors, hearing on nature of material 9.68.060 Highway railroad crossings, alteration or change of crossing, petition, notice waiver 81.53.060 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Hearings Injunctions, motion to reinstate 7.40.210 Insurance generally Ch. 48.04 Judges, superior court, habeas corpus adjournment of 7.36.110 summary procedure 7.36.120 Juvenile court proceedings 13.34.110 public excluded, conditions 13.34.115 records 13.34.115 summary proceedings 13.34.070 Juvenile offenders time and place 13.40.120 Land use hearing examiner system 35.63.130 Legislature, See LEGISLATURE, subtitle Hearings and inquiries Limited access facility establishment 47.52.135 Local improvement districts, fire protection districts, formation hearing, notice 52.20.020 Lost or destroyed records, application for replacement of court records lost or destroyed 5.48.030 Mandamus 7.16.240, 7.16.250 Motor vehicle law, under serial number, altered, removed, etc., buying, selling, purchasing, seizure or impounding, administrative hearing 46.12.330 Motor vehicles driver’s license 46.20.329 director’s designee, authority to preside and make decision 46.20.331 habitual traffic offenders revocation of license, procedure 46.65.065 Obstructions on highway rights of way, hearings relating to Ch. 47.32 Parks and recreation county recreation districts formation 36.69.040 local improvement districts 36.69.250 Parole on-site parole revocation hearing, right to 9.95.121 Pollution control hearings board, See POLLUTION CONTROL HEARINGS BOARD Port districts, boundaries 53.16.020 Railroad crossings, alteration or change of 81.53.070 Serial numbers, altered, removed, etc., or vehicles, watercraft, or campers, administrative hearings 46.12.330 State limited access facility through city or town 47.52.131, 47.52.133, 47.52.135, 47.52.137, 47.52.139, 47.52.150, 47.52.160, 47.52.170, 47.52.180, 47.52.190, 47.52.195 State personnel appeals hearings officers, appointment authority 41.06.110 Traffic infractions mitigating circumstances, explanation 46.63.100 procedure, appeals from 46.63.090 Trust companies, executed articles of incorporation 30.08.040 Unsworn written statements in place of affidavits or other sworn statement 9A.72.085 Zoning hearing examiner system 35.63.130 HEATING Burning wood for heat, limitations 70.94.473 Heating oil pollution liability protection Ch. 70.149 Solid fuel burning devices opacity levels enforcement and public education 70.94.470 residential and commercial construction standards 70.94.455 HEATING SUPPLIERS Low-income energy assistance termination of utility heating service city-owned utility 35.21.300 limitation 80.28.010 limitations 54.16.285 Termination of utility heating service city procedure 35.21.300 limitations 35.21.300, 80.28.010 Thermal energy companies exemption from utilities and transportation commission authority 80.04.550 HEATING SYSTEMS Assessments local improvement district 35.97.090 Authorization 35.97.020, 35.97.050 Classification of customers 35.97.060 Competitive bidding 35.97.050 Connection charges authorized 35.97.080 Definitions 35.97.010 Late payment charges 35.97.070 Local improvement districts assessments, bonds, warrants 35.97.090 Nonpayment, may shut off heat 35.97.070 Power of municipalities general 35.97.030 Powers of municipalities specific 35.97.040 Rates and charges 35.97.060 Revenue bonds 35.97.110 holder may enforce 35.97.130 Revenue warrants 35.97.120 holder may enforce 35.97.130 Special funds authorized 35.97.100 (2008 Ed.) HIGH-LEVEL RADIOACTIVE WASTE HEIRS (See also DESCENT AND DISTRIBUTION; PROBATE) Adverse possession, See ADVERSE POSSESSION, subtitle Heirs Definition, probate 11.02.005 Descent and distribution, posthumous, considered as living for descent and distribution 11.02.005 Ejectment and quieting title actions action by known heirs after ten years possession 7.28.010 unknown heirs, quieting title action against 7.28.010 Execution against property in custody of, writ contents 6.17.110 Limitation of actions, See LIMITATION OF ACTIONS Not to be determined by special law Const. Art. 2 § 28 Posthumous, considered as living for purposes of descent and distribution 11.02.005 Representation, posthumous children considered as living 11.02.005 Reversal of judgment tolls limitation on action 4.16.240 Unknown quieting title action against 7.28.010 real property actions 4.28.140 judgment, effect of 4.28.160 service of process against by publication 4.28.150 HERBICIDES (See PESTICIDES) HERITAGE BARN PRESERVATION PROGRAM (See HISTORIC PRESERVATION) HERITAGE COUNCIL (See HISTORIC PRESERVATION, subtitle Heritage council) HERRING (See FISH AND FISHING) HIGH CAPACITY TRANSPORTATION SYSTEMS (See PUBLIC TRANSPORTATION SYSTEMS, subtitle High capacity transportation systems) HIGH SCHOOLS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle High schools) HIGHER EDUCATION (See COLLEGES AND UNIVERSITIES; COMMUNITY AND TECHNICAL COLLEGES) HIGHER EDUCATION COORDINATING BOARD Advanced college tuition payment program Ch. 28B.95 American Indian endowed scholarship program Ch. 28B.108 Border county higher education opportunity project administration 28B.76.690 created 28B.76.685 findings, intent 28B.76.680 Capital projects higher education capital project strategic planning Ch. 43.88D Distinguished professorship trust fund program collective bargaining, moneys not subject to 28B.76.585 continuation of program 28B.76.590 duties of institution 28B.76.580 establishment, administration 28B.76.560 guidelines, allocation system 28B.76.570 intent 28B.76.555 matching funds, donations or appropriations 28B.76.575 private donation, defined 28B.76.550 trust fund established 28B.76.565 Education service administration financial aid account, state 28B.76.525 scholarship endowment programs, funds 28B.76.505 (2008 Ed.) Education services administration administrative duties, additional 28B.76.540 demonstration projects 28B.76.530 federal funds, private gifts or grants 28B.76.520 federal programs 28B.76.510 financial aid programs 28B.76.500 Foreign branch campuses Ch. 28B.90 Fund for innovation and quality in higher education Ch. 28B.120 Gender equity in intercollegiate athletics reports to governor and legislature 28B.15.465 Gender-based discrimination compliance, reports 28B.110.040 rules and guidelines, development 28B.110.030 General provisions advisory council 28B.76.100 created, board 28B.76.010 definitions 28B.76.020 director, duties 28B.76.090 federal law, board as state commission 28B.76.110 members appointment 28B.76.040 bylaws, meetings 28B.76.070 compensation and travel expenses 28B.76.080 terms 28B.76.050 vacancies 28B.76.060 purpose 28B.76.030 rules, adoption of 28B.76.120 Graduate fellowship trust fund program collective bargaining, moneys not subject to 28B.76.630 duties of institution 28B.76.625 establishment, administration 28B.76.605 guidelines, allocation system 28B.76.615 intent 28B.76.600 matching funds 28B.76.610, 28B.76.620 Health professional conditional scholarship program Ch. 28B.115 High school students enrollment options rulemaking authority 28A.600.390 Information and technology literacy definition and standards for implementation 28B.10.125 Interagency agreements about private vocational school nondegree programs 28C.10.040 International exchange scholarship program Ch. 28B.109 Placebound students educational opportunity grant program Ch. 28B.101 Policy and planning accountability monitoring and reporting system 28B.76.270 baccalaureate degree programs outcome and performance measures 28B.76.2301 budget priorities and levels of funding 28B.76.210 coordination among systems of education 28B.76.330 coordination of activities 28B.76.290 course equivalency, statewide system of 28B.76.260 data collection and research 28B.76.280 educational costs approved, transmittal of 28B.76.320 methods and protocols for measuring 28B.76.310 master plan, strategic statewide 28B.76.200 needs assessment process and analysis 28B.76.230, 28B.76.335 state support received by students 28B.76.300 transfer and articulation policies 28B.76.240 transfer associate degrees 28B.76.250 transfer of credit policy and agreement 28B.76.2401 Private degree-granting institutions Ch. 28B.85 Reciprocity, Oregon tuition and fee program duties 28B.15.730, 28B.15.732, 28B.15.734, 28B.15.736 Scholarship endowment programs administration of funds 28B.76.505 State scholars’ program administrative responsibility 28A.600.120 State work-study program Ch. 28B.12 Student exchange compact programs advice to governor, legislature 28B.76.650 certifying officer, designate 28B.76.640 criteria, trust fund 28B.76.645 Teacher preparation degree programs in math, science, and technology 28B.76.335 Technology program degrees 28B.20.280, 28B.30.500 Tuition advanced college tuition payment program Ch. 28B.95 Washington award for vocational excellence 28B.76.670 Washington scholars and scholars-alternate awards 28B.76.660, 28B.76.665 HIGHER EDUCATION FACILITIES AUTHORITY Bond counsel selection 28B.07.120 Bond holder or owner enforcement of rights 28B.07.090 foreclosure sale 28B.07.090 Contract procedures certain exemptions 28B.07.110 Created 28B.07.030 Debt limit 28B.07.050 Definitions 28B.07.020 Foreclosure sale 28B.07.090 Legal investments bonds 28B.07.100 Legislative intent 28B.07.010 Membership 28B.07.030 Moneys deemed trust funds 28B.07.080 Participant agreement 28B.07.070 Powers and duties 28B.07.040 Project or financing contract procedures, certain exemptions 28B.07.110 Special obligation bonds issuance 28B.07.050 liability of authority 28B.07.050 payment 28B.07.060 securities, legal investments 28B.07.100 Student loan financing administration 28B.07.310 authority, liability 28B.07.300 bonds debt limitation 28B.07.370 default 28B.07.360 issuance 28B.07.320 proceeds fund 28B.07.350 refunding 28B.07.330 trust 28B.07.340 definitions 28B.07.021 sale of assets 28B.07.380 Travel expenses and compensation 28B.07.030 Trust funds all moneys received deemed 28B.07.080 bank or trust company may manage 28B.07.080 Underwriters selection 28B.07.130 HIGHER EDUCATION PERSONNEL SYSTEM State internship program executive fellows program 43.06.420 undergraduate internship program 43.06.420 HIGH-LEVEL RADIOACTIVE WASTE Nuclear incidents, storage or transportation liability 4.24.450, 4.24.460 Nuclear waste board, See NUCLEAR WASTE BOARD, subtitle High-level radioactive waste [RCW Index—page 343] HIGHLY CAPABLE STUDENTS HIGHLY CAPABLE STUDENTS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Highly capable students) HIGH-SPEED GROUND TRANSPORTATION (See PUBLIC TRANSPORTATION SYSTEMS, subtitle High-speed ground transportation program) HIGH-TECHNOLOGY (See TECHNOLOGY) HIGHWAYS (See also TRANSPORTATION, DEPARTMENT OF) Abandonment transfer to counties, procedure 36.75.090 Access control program access permits existing connections, when permit not required 47.50.080 modification or revocation of permit 47.50.080 nonconforming access permit, conditions justifying 47.50.080 required to make connection to highway 47.50.040 Access management program access control classification system department to develop, adopt, and maintain 47.50.090 access permits conditions may be imposed on permit 47.50.070 fees 47.50.050 permit review process 47.50.060 connections to state highway system regulation of 47.50.030 definitions 47.50.020 legislative findings and policy 47.50.010 Acquisition and development of property for lease of unused highway land, limitation of zoning ordinance 47.12.120 Acquisition and disposition of property for acquisition acquisition of land outside highway right of way to minimize damage 47.12.160 in advance of programmed construction advance right of way acquisition, defined 47.12.242 reimbursement of from other funds 47.12.246 agreements with state finance committee authorized 47.12.200 scope 47.12.210, 47.12.220 warrants pursuant to agreement 47.12.210, 47.12.220, 47.12.230, 47.12.240 authorized 47.12.180, 47.12.190 condemnation authorized 47.12.190 hearing required 47.12.180 maintenance of property purchased in advance 47.12.248 authorized, generally 47.12.010 court priority 47.12.044 easements across navigable waters and harbors 47.12.026 generally 47.12.010 lands of county or political or municipal subdivision of state, acquisition procedure 47.12.040 sale or exchange of rights or land not needed for highway purposes as payment 47.12.080 work on remaining land as payment 47.12.050 limited access facilities 47.52.050 proceedings, precedence 47.12.044 purchase options authorized 47.12.011 for relocation of displaced facility of United States or a municipal or political subdivision of state 47.12.150 state lands procedure 47.12.023 prohibited uses 47.12.029 [RCW Index—page 344] removal of valuable materials 47.12.023 state lands, rights and materials, acquisition procedure, compensation work on remaining land as payment 47.12.050 air space corridor 47.52.050 conveyances to the federal government Ch. 47.08 engineering costs in advance of programmed construction advance right of way acquisition, defined 47.12.242 advance right of way revolving fund creation 47.12.244 agreements with state finance committee authorized 47.12.200 scope 47.12.210, 47.12.220 warrants pursuant to agreement 47.12.210, 47.12.220 authorized 47.12.180 exchange of land with abutting owner authorized 47.12.160 sale of land to abutting owner, authorized 47.12.063 granting of franchises on toll facility property 47.56.256 disposition of moneys received 47.56.257 lease of unused highway land 47.12.120 disposition of proceeds 47.12.125 notification requirements 47.12.055 purchase options authorized 47.12.011 removal of materials which have no market value, permits 47.12.140 reservation boundary, defined 47.12.015 sale of real property attestation and delivery of deed by the secretary of transportation 47.12.290 certification of payment to governor 47.12.240 execution, acknowledgment, and delivery of deed by the secretary of transportation 47.12.290 listing of available properties with real estate brokers authorized 47.12.320 sale or exchange of rights or land not needed 47.12.063 severance and sale of timber and other personalty from highway lands, disposition of proceeds 47.12.140 transfer of lands to United States, municipal subdivisions, or public utilities 47.12.080 unneeded toll bridge authority property permit, lease or license to governmental entities to use 47.56.253 disposition of moneys received 47.56.257 sale of authorized 47.56.254 disposition of moneys received 47.56.257 sale of to governmental entities disposition of moneys received 47.56.257 unneeded toll bridge property sale of authorized certification to governor, execution, delivery of deed 47.56.255 Acquisition and disposition of property for, See also HIGHWAYS, subtitle Eminent domain Acquisition of property for preservation of beauty, historic sites, viewpoints and rest areas, exception 47.12.250 Adopt-a-highway program 47.40.100 local programs 47.40.105 Adopt-a-highway signs 47.36.400 Advance right of way revolving fund creation, moneys to be deposited in fund 47.12.244 deposit of funds received from lease of unused highway lands 47.12.125 expenditures from fund, authority to make 47.12.244 reimbursements to fund when required 47.12.246 Advertising, See HIGHWAYS, subtitle Highway advertising control Alaskan Way viaduct, Seattle Seawall, state route 520 improvements, requirements 47.01.380, 47.01.390, 47.01.400, 47.01.405, 47.01.406, 47.01.408, 47.01.410, 47.01.412, 47.01.415, 47.01.417 Alley defined 47.04.010 motor vehicle law 46.04.020 American Veterans Memorial Highway 47.17.140 Approaches construction by port districts 53.34.010 county roads and bridges 36.75.130 Arterial highways defined 47.04.010 motor vehicle law 46.04.030 designated 46.61.195 Bicycle routes establishment, authorized, directed 47.26.305 legislative declaration 47.26.300 Bicyclist facilities to be provided 47.30.020 Bond issues 2003 transportation projects - nickel account 47.10.861, 47.10.862, 47.10.863, 47.10.864, 47.10.865, 47.10.866, 47.10.867, 47.10.868, 47.10.869, 47.10.870, 47.10.871, 47.10.872 additional bonds, construction and improvement—1967 act appropriation from motor vehicle fund 47.10.760 bond proceeds, deposit and use of 47.10.755 bonds, form and terms 47.10.753 declaration of necessity 47.10.751 form and terms of bonds 47.10.753 highway bond retirement fund, creation, generally 47.10.758 issuance and sale of limited obligation bonds 47.10.752 legal investment for state funds 47.10.754 nature of obligation, not general obligations of state 47.10.756 sale of bonds, legal investment for state funds 47.10.754 source of funds for payment of principal and interest of bonds 47.10.757 surplus sums, use of 47.10.759 taxes, pledged, not general obligation of state 47.10.756 terms of bonds 47.10.753 Agate Pass bridge construction reimbursement bonds not general obligation 47.10.040 form and terms of bonds 47.10.030 highway bond retirement fund established, use 47.10.080, 47.10.090 motor vehicle fund moneys may be used, reimbursement 47.10.020 proceeds from sale, deposit and use 47.10.060 sale of bonds 47.10.050 source of funds for payment of interest and principal 47.10.070 taxes pledged 47.10.040 Echo lake route additional bonds—1957 bond issue authorized 47.10.420 bonds not general obligations 47.10.440 declaration of necessity 47.10.410 form and terms of bonds 47.10.430 highway bond retirement fund, use of 47.10.480, 47.10.490 motor vehicle fund moneys may be used, reimbursement 47.10.420 proceeds from sale, deposit and use 47.10.460 sale of bonds 47.10.450 source of funds for payment of interest and principal 47.10.470 taxes pledged 47.10.440 bond allocation to 47.10.270 bond issue authorized 47.10.160 (2008 Ed.) HIGHWAYS bonds not general obligations 47.10.180 declaration of necessity 47.10.150 form and terms of bonds 47.10.170 highway bond retirement fund, use of 47.10.220, 47.10.230 motor vehicle fund moneys may be used, reimbursement 47.10.160 proceeds from sale, deposit and use 47.10.200 sale of bonds 47.10.190 source of funds for payment of interest and principal 47.10.210 taxes pledged 47.10.180 farm to market roads additional bonds—1953 bond allocation to 47.10.260 bond issue authorized 47.10.160 bonds not general obligations 47.10.180 declaration of necessity 47.10.150 form and terms of bonds 47.10.170 highway bond retirement fund, use of 47.10.220, 47.10.230 motor vehicle fund moneys may be used, reimbursement 47.10.160 proceeds from sale, deposit and use 47.10.200 sale of bonds 47.10.190 source of funds for payment of interest and principal 47.10.210 taxes pledged 47.10.180 additional bonds—1955 allocation of bonds to counties 47.10.390 bonds not general obligations 47.10.310 declaration of priority 47.10.280 form and terms of bonds 47.10.300 highway bond retirement fund, use of 47.10.350, 47.10.380 issuance and sale of bonds 47.10.290, 47.10.320 restriction on issuance 47.10.390 proceeds from sale, deposit and use 47.10.330 sale of bonds 47.10.290, 47.10.320 source of funds for payment of interest and principal 47.10.340 reimbursement by counties 47.10.360, 47.10.370 taxes pledged 47.10.310 additional bonds—1965 allocation of bonds to counties 47.10.737 appropriation 47.10.738 bonds not general obligations 47.10.729 declaration of priority 47.10.726 form and terms of bonds 47.10.728 highway bond retirement fund, use of 47.10.733 issuance and sale of bonds 47.10.727 restrictions on issuance 47.10.737 prior redemption, use of excess sums for 47.10.736 proceeds from sale, deposit and use 47.10.731 sale of bonds 47.10.730 source of funds for payment of interest and principal 47.10.732 reimbursement by counties 47.10.734, 47.10.735 taxes pledged 47.10.729, 47.10.733 bond allocation to 47.10.100 bond issue authorized 47.10.020 time restriction 47.10.100 bonds not general obligations 47.10.040 form and terms of bonds 47.10.030 highway bond retirement fund established, use 47.10.080, 47.10.090 motor vehicle fund moneys may be used, reimbursement 47.10.020 proceeds from sale, deposit and use 47.10.060 sale of bonds 47.10.050 source of funds for payment of interest and principal 47.10.070 (2008 Ed.) repayment by counties, when 47.10.070, 47.10.110, 47.10.120 taxes pledged 47.10.040 first priority highway project enumerated 47.10.010 allocation of bonds to 47.10.100 highway improvements 47.10.843 improvements 47.10.844, 47.10.845, 47.10.846, 47.10.847, 47.10.848 interstate and other highway improvements— 1993 act 47.10.819, 47.10.820, 47.10.821, 47.10.822, 47.10.823, 47.10.824 Pasco to Kennewick bridge bond allocation to 47.10.100 bond issue authorized 47.10.020 bonds not general obligation 47.10.040 form and terms of bonds 47.10.030 highway bond retirement fund established, use 47.10.080, 47.10.090 motor vehicle fund moneys may be used, reimbursement 47.10.020 proceeds from sale, deposit and use 47.10.060 sale of bonds 47.10.050 source of funds for payment of interest and principal 47.10.070 taxes pledged 47.10.040 primary state highway No. 1 construction additional bonds—1953 bond allocation to 47.10.240 bond issue authorized 47.10.160 bonds not general obligations 47.10.180 declaration of necessity 47.10.150 form and terms of bonds 47.10.170 highway bond retirement fund, use of 47.10.220, 47.10.230 motor vehicle fund moneys may be used, reimbursement 47.10.160 proceeds from sale, deposit and use 47.10.200 sale of bonds 47.10.190 source of funds for payment of interest and principal 47.10.210 taxes pledged 47.10.180 primary state highway No. 1 reconstruction bond allocation to 47.10.100 bond issue authorized 47.10.020 bonds not general obligations 47.10.040 form and terms of bonds 47.10.030 highway bond retirement fund established, use 47.10.080, 47.10.090 motor vehicle fund moneys may be used, reimbursement 47.10.020 proceeds from sale, deposit and use 47.10.060 sale of bonds 47.10.050 source of funds for payment of interest and principal 47.10.070 taxes pledged 47.10.040 refunding bonds 47.56.770, 47.56.771, 47.56.772, 47.56.773, 47.56.774 reserve funds for highway, street and road purposes—1967 act appropriation from motor vehicle fund 47.10.771 bond retirement fund 47.10.765 bonds generally 47.10.763, 47.10.764 proceeds of, deposit and use 47.10.765 federal aid funds, pledge of 47.10.768 issuance and sale of general obligation bonds 47.10.762 legal investment for state funds 47.10.764 obligation of state, when 47.10.767 proceeds from sale of bonds, deposit and use 47.10.765 purpose 47.10.761 repayment procedure 47.10.769 source of funds, motor vehicle fuel excise and excise use taxes 47.10.766 surplus sums, use of 47.10.770 taxes, source of funds 47.10.766 selected projects and improvements—2005 act 47.10.873, 47.10.874, 47.10.875, 47.10.876, 47.10.877, 47.10.878 Snoqualmie Pass four lane construction additional bonds—1953 bond allocation to 47.10.250 bond issue authorized 47.10.160 bonds not general obligations 47.10.180 declaration of necessity 47.10.150 form and terms of bonds 47.10.170 highway bond retirement fund, use of 47.10.220, 47.10.230 motor vehicle fund moneys may be used, reimbursement 47.10.160 proceeds from sale, deposit and use 47.10.200 sale of bonds 47.10.190 source of funds for payment of interest and principal 47.10.210 taxes pledged 47.10.180 bond allocation to 47.10.100 bond issue authorized 47.10.020 bonds not general obligations 47.10.040 form and terms of bonds 47.10.030 highway bond retirement fund established, use 47.10.080, 47.10.090 motor vehicle fund moneys may be used, reimbursement 47.10.020 proceeds from sale, deposit and use 47.10.060 sale of bonds 47.10.050 source of funds for payment of interest and principal 47.10.070 taxes pledged 47.10.040 special category C improvements 47.10.812, 47.10.813, 47.10.814, 47.10.815, 47.10.816, 47.10.817 Tacoma-Seattle-Everett facility appropriation from motor vehicle fund, amount 47.10.724 bond issue and sale authorized 47.10.706, 47.10.710 bonds not general obligations 47.10.714 declaration of necessity 47.10.700 facility as part of federal highway system, federal standards to be met 47.10.702 facility route 47.10.704 form and terms of bonds 47.10.708 highway bond retirement fund, use of 47.10.720, 47.10.722 proceeds from sale, deposit and use 47.10.712 sale of bonds 47.10.710 source of funds for payment of interest and principal 47.10.716 pledge of federal funds as additional security for payment 47.10.718 urban areas county and city arterials 47.26.424, 47.26.425, 47.26.426, 47.26.427, 47.26.4252, 47.26.4254 bonds proceeds, deposit and use 47.26.423 sales requirements 47.26.422 terms and conditions 47.26.421 declaration of purpose 47.26.420 issuance and sale of general obligation bonds 47.26.420 legal investment for state funds, exception 47.26.422 series II, 1979 reenactment priority of charge against fuel tax revenue 47.26.4255 state highways bond retirement fund 47.26.406 bonds designation of funds to repay 47.26.405 generally 47.26.401, 47.26.402 nature of obligation 47.26.404 pledge of excise taxes to repay 47.26.404 proceeds of bond sales, deposit and use 47.26.403 repayment procedure 47.26.406 [RCW Index—page 345] HIGHWAYS surplus funds, use 47.26.407 declaration of purpose 47.26.400 legal investment for state funds 47.26.402 urban transportation projects, See TRANSPORTATION IMPROVEMENT BOARD, subtitle Bond issues Bridges local bridges remaining responsibility of department of transportation enumerated 47.17.960 Bridges, See also BRIDGES Bridges, tunnels, underpasses speed limits 46.61.450 Buffer zones, acquisition of property for 47.12.250 Buildings and facilities for department of transportation appropriation 47.02.110 approval of plans required 47.02.010 authorized 47.02.010 bond issue amount 47.02.020 denominations 47.02.050 highway bond retirement fund payment of bonds from 47.02.090 transfers to from motor vehicle fund 47.02.090 issuance and sale 47.02.020 legal investment for state funds 47.02.050 maturity 47.02.030 motor vehicle fuel excise taxes pledged to pay 47.02.070, 47.02.080 motor vehicle fund appropriation from 47.02.110 proceeds deposited in 47.02.060 transfers to highway bond retirement fund 47.02.090 negotiability 47.02.040 not general obligation of state 47.02.070 prior redemption, excess amounts in highway bond retirement fund to be used for 47.02.100 proceeds of issue, deposit and use 47.02.060 registration of bonds 47.02.040 sale, manner and terms 47.02.050 signatures 47.02.040 terms and conditions 47.02.030 bond issues district 1 headquarters equal charges against revenue sources 47.02.190 issuance and sale 47.02.120 pledge of excise taxes 47.02.160 proceeds, deposit and use 47.02.150 repayment procedures 47.02.170 state finance committee duties 47.02.140 use of proceeds 47.02.130 Car pools, reserved lanes, exclusive use by 46.61.165 Center line, defined 47.04.010 for motor vehicle purposes 46.04.100 Center of intersection, defined 47.04.010 motor vehicle law 46.04.110 for motor vehicle purposes 46.04.110 City hardship assistance program implementation by transportation improvement board 47.26.164 City street, defined 47.04.010 motor vehicle law 46.04.120 Classification of 47.04.020 Closing of or restricting traffic on closure authorized on highways, streets and county roads 47.48.010 disobedience of closure or restricting notice unlawful, civil liability 47.48.040 emergency closures by state patrol 47.48.031 fire prevention despite closures, registry 47.48.060 notice of 47.48.020 for urban transportation system 47.48.010 Combination highway routes Ch. 47.22 Community restitution litter cleanup programs 72.09.260 [RCW Index—page 346] Condemnation, See HIGHWAYS, subtitle Eminent domain Construction indemnification for negligence related to, against public policy 4.24.115 Construction, See also HIGHWAYS, subtitle Priority programming for highway development Construction and maintenance of actions for labor and materials used in, limitation of 47.28.120 alternative delivery of services 47.28.241, 47.28.251 bid procedure for emergency work 47.28.170 compost schedule purchasing schedule for use in transportation projects 47.28.220 contract, by award of 47.28.090, 47.28.100 bidders’ qualifying financial information, confidential 47.28.075 bids call for bids 47.28.050 contract proposal form, questionnaire and financial statement as requisites for, refiling, refusal 47.28.070 deposit or bond requisite for consideration of 47.28.090 elimination of bids for surveying, test drilling, exploratory engineering, when 47.28.030 opening and award of contract under 47.28.090 procedure when bidder fails to enter into contract or contractor’s bond 47.28.100 rejection of bids authorized 47.28.100 contractor’s bond qualification of sureties under 47.28.110 required 47.28.100 copies of maps, plans and specifications available, fee 47.28.060 precontract preparation 47.28.040 when 47.28.030 contracts to small business minority and women contractors 47.28.030 cooperative agreements between state and political subdivisions to construct, maintain or improve highways, roads and streets 47.28.140 establish urban public transportation system 47.28.140 cost of project defined 47.28.035 emergency construction to protect and restore highways 47.28.170 new or limited access highways, description and plan of recorded 47.28.025 buildings and improvements prohibited after recording, when 47.28.026 ineffectual, when 47.28.026 railroad underpasses or overpasses constructed with federal aid, apportionment of maintenance costs 47.28.150 rental of equipment with driver authorized 47.28.030 road machinery, road rollers and snow removal machinery lighting and other equipment provisions under motor vehicle law, application to 46.37.280, 46.37.300 vehicle driver’s license unnecessary for operation of 46.20.025 routes latitude in selection of 47.28.010 new or limited access highway established by state agency, route to be recorded 47.28.025 signs or flaggers required at thoroughfare work sites 47.36.200 state forces, when may be used 47.28.030 cost of project defined 47.28.035 surveying, test drilling, other exploratory engineering, without bid 47.28.030 trails and paths definitions 47.30.005 provision for required 47.30.020 severance, alternative or reconstruction 47.30.010 width of right of way minimum 47.28.020 new or limited access highway established by state agency, width to be recorded 47.28.025 Contractors bond 47.28.100, 47.28.110 Conveyances, transfer to counties, procedure 36.75.090 Counties, open spaces Ch. 36.89 County roads approaches 36.75.130 defined 47.04.010 motor vehicle law 46.04.150 for motor vehicle purposes 46.04.150 not to be maintained or improved as temporary route of new highway or extension by transportation department 47.04.100 County roads, See also COUNTY ROADS AND BRIDGES Crimes relating to altering, defacing, injuring, knocking down or removing any traffic control signal, device or railroad sign or signal 47.36.130 constructing or maintaining facilities on highway rights of way without franchise or short distance permit 47.44.060 damaging roadside improvement or beautification 47.40.070 destroying native flora on state lands or on adjoining highways and parks 47.40.080 disregarding notice of closure or traffic restriction on highways, streets or county roads 47.48.040 erecting or maintaining business places on highway right of way 47.32.120 certain structures, signs or devices on or near city streets, county roads or state highways, as public nuisance 47.36.180 merchandising (receiving, delivering or vending) structures on highway right of way 47.32.110 signs contrary to highway advertising control act of 1961 47.42.080 failure to comply with stop sign 47.36.110 illegal use of county road or city street funds, penalty 47.08.100, 47.08.110 limited access facilities, violations relating to enumerated, penalty 47.52.120 maintaining or occupying obstructions on highway right of way 47.32.010 obstructing or interfering with, public nuisance 9.66.010 roadway construction area speeding 46.61.527 stationing of signs or flaggers at thoroughfare work sites, relating to 47.36.200 Crosswalk, defined 47.04.010 for motor vehicle purposes 46.04.160 Curves, reduction of speed required 46.61.400 Department of defined 36.75.010 director Agate Pass bridge construction, bond issue for reimbursing motor vehicle fund, director to determine allotments, use 47.10.100 defined 36.75.010 state design standards committee, state aid engineer, member of 43.32.010 toll bridges, improvement of existing bridge and construction of new bridge as single project, director’s powers and duties relating to Ch. 47.58 state aid engineer, design standards on county roads assistant for state aid, design standards on county roads 36.86.080 Department of transportation (2008 Ed.) HIGHWAYS sale of property sale of property authorized, execution, delivery of deed 47.56.254 Design-build projects 47.20.780, 47.20.785 Director Agate Pass bridge construction, bond issue for reimbursing motor vehicle fund, director to determine allotments, use 47.10.100 defined 36.75.010 state design standards committee, state aid engineer, member of 43.32.010 toll bridges, improvement of existing bridge and construction of new bridge as single project, director’s powers and duties relating to Ch. 47.58 District engineer, may award contract for work, when 47.28.030 Drainage districts, improvements along 85.08.385 Driving on shoulders, permitted when 46.61.428 East Pacific highway 47.22.010 Emergency construction contracting procedure 47.28.170 Eminent domain actions authorized for, extent and purposes 47.12.010 in advance of programmed construction 47.12.180, 47.12.190 against, railroad and canal companies, relocating expenses 81.36.010 buffer zones, sound barrier 47.12.250 court priority 47.12.044 federal aid highway system acquisitions, See HIGHWAYS, subtitle Federal aid highway system acquisitions outside right of way 47.12.160 railroad crossings 81.53.180 relocate displaced facility 47.12.150 set off for benefit to remaining property 8.25.210, 8.25.220, 8.25.230, 8.25.240, 8.25.250, 8.25.260 Energy freedom program generally Ch. 43.325 Equestrian facilities to be provided 47.30.020 Equipment, chains or studded tires, when may be required 46.37.420 Erwin O. Rieger Memorial Highway 47.17.640 Facilities located on actions against state measure of damages 47.44.150 Farm to market roads in Columbia Basin project, director’s duties relating to Ch. 47.10 Fees, certain, used exclusively for Const. Art. 2 § 40 Fences, temporary gate across highway 16.60.080, 16.60.085, 16.60.090, 16.60.095 Ferries routes included in state highway routes Ch. 47.17 Ferries, See also PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM Flaggers safety standards 49.17.350 Flood control benefits liability for 86.09.529 Flood damage prevention projects payments by department of transportation, requirements 47.28.140 Franchise on toll roads, granting 47.56.256 Franchises on state highways actions against state measure of damages 47.44.150 application for contents 47.44.010 notice of 47.44.010 authority of highway commission to grant 47.44.010 exception, lease for personal wireless service 47.44.081 franchises across bridges jointly owned or operated 47.44.040 granting of, renewal procedure 47.44.020 hearing on application for 47.44.020 (2008 Ed.) liability of franchise holder 47.44.020 limitations on granting 47.44.020 limited access highways when joint governmental facility, franchise rights flowing from 47.52.090 permissible grantees 47.44.010 permits for short distance facilities 47.44.050 removal of franchise facilities, reimbursement, when 47.44.020, 47.44.030, 47.44.031 state highways in cities and towns 47.24.020 violations relating to, penalties 47.44.060 Freight mobility strategic investment program and board Ch. 47.06A Fringe and corridor parking facilities motorist transferring from public transportation or car pool vehicles acquisition of property for 47.12.270 Functional classes of highways, See HIGHWAYS, subtitle Priority programming for highway development Functional classification 47.05.021 General provisions acceptance of federal acts 47.04.050 custody and disbursement of federal funds 47.08.130 federal-aid highway act of 1956, TacomaSeattle-Everett highway to qualify under 47.10.702 procedure to conform with federal requirements 47.04.070 transportation department as administrator 47.04.060 contracts with United States as to transfer of state highway property 47.08.040, 47.08.050, 47.08.060 cooperation with other governments and agencies 47.04.080 custody of federal funds, disbursement 47.08.130 definitions 47.04.010 general penalty 47.04.090 lease of right of way 47.04.045, 47.04.046 title to rights of way vested in state 47.04.040 Granting of franchises on, toll facilities 47.56.256 disposition of moneys received 47.56.257 Green highway, Washington 47.17.020, 47.17.135, 47.17.140 High occupancy vehicle lanes use restrictions 46.61.165, 47.52.025 High occupancy vehicle systems car rental sales and use tax county surcharge on 81.100.060 definitions 81.100.020 employer tax 81.100.030 funds, use of 81.100.080 goals, adoption by counties 81.100.040 high occupancy vehicle account 81.100.070 interlocal agreements 81.100.090 motor vehicle excise tax county surcharge on 81.100.060 purpose 81.100.010 survey of tax use 81.100.050 urban public transportation systems, defined as 81.100.100 High-occupancy toll lanes account, operations 47.66.090 definition 47.56.401 pilot project 47.56.403 Highway advertising control adopt-a-highway signs 47.36.400 agreements to secure federal aid authorized 47.42.110 bus shelters 47.36.141 commercial and industrial areas permissible signs, requirements 47.42.062, 47.42.063 preexisting signs 47.42.063 compensation for removal of signs action to determine amount 47.42.103 agreements to secure federal aid 47.42.110 authorized 47.42.102 federal share of payment 47.42.104 local government actions 47.42.107 payment 47.42.103 removal not required if federal share unavailable 47.42.105 signs to which applicable 47.42.102 state’s share of payment 47.42.103 definitions 47.42.020 existing statutes, resolutions or ordinances unaffected 47.42.070 highways and streets not part of any system, regulations 47.42.065 highways designated as scenic areas 47.42.140 information signs on interstate highway right of way 47.36.310 information signs on primary and scenic highways 47.36.320 informational signs authorized for state, counties, city or town 47.42.050 motorist information signs lodging activity listings 47.36.340 placement 47.36.330 "RV" logo 47.36.360 number of signs permitted 47.42.045 permissible signs in protected areas 47.42.040 permits to erect or maintain signs assignment of 47.42.120 fees 47.42.120 permit identification number 47.42.130 revocation, grounds 47.42.090, 47.42.120 preexisting signs, date for removal 47.42.100 prohibited signs as public nuisance, abatement procedure, penalty 47.42.080 purpose 47.42.010 regulations to implement, judicial review 47.42.060 roadside area information panel or display authorized 47.42.055 scenic and recreational system definitions 47.42.020 highways excluded from 47.42.025 signs visible from prohibited 47.42.030 signs maintained under permit to bear permit number and permittee’s name 47.42.130 prohibited protected or scenic areas 47.42.030 statute, resolution or ordinance 47.42.048 visible from highway systems prohibited, exceptions 47.42.040 specific information panels installation time, limits on 47.36.350 supplemental direction signs, erection by local governments 47.36.300 tourist facilities, business, or agricultural signs 47.42.045 tourist oriented directional signs on primary and scenic highways 47.36.320 Highway commission, See TRANSPORTATION, DEPARTMENT OF, subtitle Transportation commission Highway defined, motor vehicle law 46.04.197 Highway infrastructure account 46.68.240 Highway route numbers Ch. 47.17 Historic sites, acquisition of property for 47.12.250 HOV lanes, use restrictions 46.61.165, 47.52.025 Improvement, cooperation with county 36.75.030 Improvements county may fund 36.75.035 Improvements necessitated by planned economic development procedures 43.160.074 Intersection area, defined 47.04.010 for motor vehicle purposes 46.04.220 Intersection control area, defined 47.04.010 for motor vehicle purposes 46.04.240 Intersection entrance marker, defined 47.04.010 Intersections or entrances to county roads coating or discoloring 36.86.060 oil, restrictions on use of 36.86.060 [RCW Index—page 347] HIGHWAYS Interstate 90 corridor court proceedings priority 47.20.653 legislative finding 47.20.645 local division deadline 47.20.647 local withdrawal, effect on use of state funds 47.20.647 Interstate highway system specialized equipment, interstate travel by size and weight criteria 46.44.101 Irrigation district land, compensation 87.03.810, 87.03.815 Islands, motor vehicle tax and license fee refunds to counties composed of islands 47.17.990 Junkyards adjacent to highways abatement 47.41.070 acquisition of property by department 47.41.040 definitions 47.41.020 legislative declaration 47.41.010 other laws not affected 47.41.060 prohibited, exceptions 47.41.030 public nuisances abatement 47.41.070 nonconforming 47.41.010 regulations 47.41.050 review 47.41.050 screening 47.41.040 United States secretary of transportation, agreements with 47.41.080 violations, penalty 47.41.070 Jurisdictional transfers transportation improvement board to receive petitions requesting changes in state highway system 47.26.167 Lane highway, defined 47.04.010 Laned highway, defined for motor vehicle purposes 46.04.260 Lewis and Clark highway 47.22.020 Limited access facilities acquisition of property for facilities 47.52.050 abutter’s right of access protected, compensation 47.52.080 assistance vans may stop 47.52.120 authority powers, HOV lanes 46.61.165, 47.52.025 closure of roads, streets or highways not actionable when access by other route exists 47.52.041, 47.52.042 control of vehicles entering, closure of ramps, metering, restrictions, notice 47.52.026 court process for to be expedited 47.52.060 cooperative agreements between governmental entities right devolving from 47.52.090 for urban transportation systems 47.52.090 defined 47.52.010 design of facility, ingress and egress restricted, intersecting roads, streets or highways closed 47.52.040, 47.52.042 emergency vehicles 47.52.120 eminent domain to avoid access roads or to reduce compensation 47.52.105 enforcement of laws on facility within city or town, jurisdiction 47.52.200 establishment of facility abutting owner, appeal by 47.52.195 franchise power when joint governmental facilities 47.52.090 grade separations at intersections with access facilities 47.52.070 record of 47.52.070 existing highway, defined for purposes of 47.52.011 existing roads or streets, vacation of or designation of as service roads 47.52.100 facility marked with signs 47.52.110 franchise powers when joint governmental facilities 47.52.090 hearings, access reports, when not required 47.52.134 landlock prevention roads 47.52.105 modification of adopted plan without hearing 47.52.145 [RCW Index—page 348] personal wireless service facilities approach permit, report 47.52.220 policy declaration on need for 47.52.001 powers in state, city or county officials relative to limited access facilities Ch. 47.52 prior determinations of an authority establishing a limited highway facility validated 47.52.121 standards, rules and regulations for national system of interstate and defense highways within state 47.52.027 state facilities through city, town, or county abutting owner, appeal by 47.52.195 adoption of final plan, transmittal 47.52.137 approval by county or city of plan 47.52.139 board of review assistance and clerical help for 47.52.190 composition, appointment 47.52.150 powers and duties 47.52.160, 47.52.170, 47.52.180, 47.52.190 commission to prepare report on, conference held between officials on report 47.52.131 conferences 47.52.131 consideration of data 47.52.131 contents of commission report on 47.52.131 enforcement of laws on facility within city or town, jurisdiction 47.52.200 failure of city and county to agree, procedure 47.52.139 hearing by board on disapproval of final plan by city or county conduct, board powers relating to 47.52.170 costs of hearing borne equally 47.52.190 findings, finality of 47.52.180 time, place and notice of 47.52.160 hearing on original plan, notice of 47.52.133, 47.52.135 report to local authorities 47.52.131 request for hearing on disapproval of final plan by city or county 47.52.139 vesting of title to city streets incorporated into limited access highway 47.52.210 Tacoma-Seattle-Everett facility as, bond issue for Ch. 47.10 title vests in state for portions within cities and towns 47.52.090 violations on specified, penalty 47.52.120 Limited access highways speed limits 46.61.430 Littering glass bottles, duty of department of transportation to provide for collection and removal 47.40.090 Livestock herding on right-of-way, limitations 16.24.070 Marked crosswalk, defined 47.04.010 for motor vehicle purposes 46.04.290 Minority and women’s business enterprises construction and maintenance bids 47.28.050 contracts, bonds, deposits 47.28.090 Motor vehicle fund, See MOTOR VEHICLE FUND Multiple lane highway, defined 47.04.010 motor vehicle law 46.04.350 Nickel account (transportation 2003 account) 46.68.280 Numbering system authority of department to establish 47.36.095 filing with secretary of state 47.36.097 route numbers Ch. 47.17 Obstructions on highway right of way approach roads or other appurtenances on highway rights of way permit to build 47.32.150, 47.32.160 removal of installations upon default of permit conditions or violation of commission regulations 47.32.170 rules and regulations for 47.32.160 business places on highway right of way public nuisance, as 47.32.120 unlawful, when 47.32.120 dangerous objects and structures on highway right of way as public nuisance 47.32.130 logs on highway right of way or in drainage ditch as public nuisance 47.32.130 merchandising structures (receiving, delivering or vending) on highway right of way permits required 47.32.110 unlawful when 47.32.110 nuisances 7.48.010, 7.48.120, 9.66.010, 47.32.120, 47.32.130 obstructions unlawful 47.32.010 railroad grade crossings, brush, timber and signs at responsibilities for clearance divided 47.32.140 signs, signboards and billboards prohibited 47.32.140 removal, generally action in rem upon failure to remove obstructions 47.32.030 complaint contents 47.32.040 service of notice of 47.32.050 execution of writ to dispose of property, return, disposition of unsold property 47.32.070 hearing, findings, order, appeal 47.32.060 affidavits of proof of posting returned 47.32.020 order to remove 47.32.010 reclaiming confiscated property affidavit to reclaim property 47.32.080 bond requirement 47.32.080 duration 47.32.100 sureties to justify 47.32.090 structures and buildings to be removed posted with notice to vacate 47.32.020 Open spaces, counties Ch. 36.89 Opening or altering by special legislation prohibited, exceptions Const. Art. 2 § 28 Paradise, road to 47.17.820 Parks state park directional signs 47.36.290 Passing lane signs indicating multilane usage 47.36.260 Paths and trails definitions 47.30.005 incorporation in highway design 47.30.020 severance or destruction, alternative or reconstruction 47.30.010 Pavement marking standards for arterials in urbanized areas 47.36.280 Pedestrian defined 47.04.010 for motor vehicle purposes 46.04.400 Pedestrian facilities to be provided 47.30.020 Plat book, county road engineer, keeping of 36.80.050 Platting, subdivision, dedication of land, notice of proposed subdivision required 58.17.080 Port districts approaches, construction 53.34.010 bridges and tunnels 53.34.010 construction, improvement, or repair of road serving port authorization 53.08.330 expenditure of funds 53.08.340 toll facilities, contracts for money, services and materials 53.34.180 Primary highways routes, See HIGHWAYS, subtitle Routes tourist oriented directional signs 47.36.320 Priority programming system functional classification of highways 47.05.021 purpose 47.05.010 ten year plans contents and objectives 47.05.030 demand modeling tools 47.05.035 Private road or driveway, defined 47.04.010 (2008 Ed.) HIGHWAYS motor vehicle law 46.04.420 Public highways cities and towns, streets over tidelands 35.21.230 defined 47.04.010 motor vehicle law 46.04.197 trespass to repair, damages 64.12.040 Public land abutting highways, withdrawal from sale 79A.05.105 Public land not abutting highways, exchange for land on highway 79A.05.110 Public nuisances concerning 7.48.140, 9.66.010, 47.32.120, 47.32.130 Public safety and education account to benefit highway safety 43.08.250 Public-private transportation initiatives program Ch. 47.46 Railroad crossings abandonment or vacation laws not affected 81.53.230 abatement of illegal crossings 81.53.190 alteration or change of crossing costs 81.53.130 employment of engineers, etc., expenses of 81.53.250 hearing 81.53.060, 81.53.070 notice 81.53.060 petition 81.53.060 waiver of hearing 81.53.060 authority from utilities and transportation commission required for grade crossing 81.53.020 canals 81.36.030 city streets, franchise to cross 35.22.340 consent of transportation commission required for construction of, when 81.53.240 costs acquisition of property for crossings 81.53.130 alteration or change of crossings 81.53.130 apportionment 81.53.130 arbitration 81.53.130 eminent domain, exercise of in relation to 81.53.180 grade separation required 81.53.020 hearing for alteration of crossings 81.53.060, 81.53.070 highway, defined 81.53.010 highway across railroad change of highway route 81.53.040, 81.53.050 cost apportionment 81.53.110 hearings 81.53.030, 81.53.040 order of utilities and transportation commission as to 81.53.030 petition for 81.53.030 illegal crossings, abatement of 81.53.190 industrial crossings definitions 81.54.010 inspection 81.54.020 penalty for violations 81.54.030 reporting and inspection costs 81.54.030 reporting and inspection fees 81.54.030 reports to commission 81.54.030 injunction against construction of illegal crossings 81.53.190 judicial review 81.53.170 limitation on contribution by state and political subdivision 81.53.275 location of highway change, permission of transportation commission required 81.53.240 maintenance costs, duties and requirements 81.53.090 mandamus to compel performance of work in accordance with order 81.53.200 notice of hearing for alteration of crossings 81.53.060 obstruction on highways during construction of crossings permitted 81.53.220 over-crossing, defined 81.53.010 penalty for failure to comply with laws or orders of commission 81.53.210 (2008 Ed.) performance of work mandamus to compel 81.53.200 time limitations or extensions 81.53.140 petition for alteration of crossing 81.53.060 petition for crossing filing 81.53.030 hearings 81.53.030, 81.53.040 order of commission 81.53.030 petition for crossing required 81.53.030 railroad across highway cost paid by railroad 81.53.100, 81.53.130 petition for, hearing, order of commission 81.53.030 railroad across railroad costs, apportionment between companies 81.53.120 hearing 81.53.030 order of commission 81.53.030 petition for 81.53.030 service of process and notices 81.53.160 signals and devices installation agreements covering installation and cost 81.53.261 allocation of funds to cities and towns and counties to defray costs of 81.53.281 appeal 81.53.261 costs, apportionment 81.53.261 formulas 81.53.271 evidence, record not admissible as evidence in civil or criminal action arising out of an accident 81.53.261 federal funding allocation of costs 81.53.295 effect on fund transfers 81.53.281 findings of commission 81.53.261 hearing 81.53.261 hearing upon installation 81.53.261 liability of railroad for failure to provide 81.53.261 maintenance, costs, apportionment 81.53.271 notice of hearing 81.53.261 optional application in first class cities 81.53.291 petition 81.53.261 contents 81.53.271 sawbuck signs 81.53.030 structures or equipment near crossings, restrictions 81.53.080 traffic control devices during construction, repair, etc. of required 81.53.400 rules 81.53.420 standards and conditions 81.53.410 waiver of hearing for alteration of crossings 81.53.060 Railroad overpass traffic control devices during construction, repair, etc. of required 81.53.400 rules 81.53.420 standards and conditions 81.53.410 Real property acquisition policy Ch. 8.26 Reestablishment and redesignation of intersection when highway relocated 47.20.640 Regional significance, highways of funding 47.05.025 Relocation assistance persons displaced by public works programs Ch. 8.26 Renumbering of routes and branches authority of department to make 47.36.095 filing with secretary of state 47.36.097 Rest areas campers, trailers, motor homes additional fee 46.16.063 information centers may be established in, services 47.38.040 limitations on use 47.38.020 prisoner of war and missing in action memorial signs 47.38.060 property acquisition 47.12.250 recreational vehicle sanitary disposal systems, designation 47.38.050 rules and regulations for use and control of, adoption by department 47.38.010 Right of way advance acquisition of definitions 47.12.242 electrical installations 19.28.141 failure to obey yield signs, prima facie evidence of violation 47.36.110 intersections, right of way given to vehicles on right 46.61.180 lease 47.04.045, 47.04.046 nonfunctioning signal lights 46.61.183 personal wireless service facilities 47.04.047 pesticide application act Ch. 17.21 title to certain rights of way vested in state 47.04.040 toll bridge and facility construction 47.56.100, 47.56.110 unfranchised use penalties 47.44.060 Right of way across given for erection of toll bridges and related facilities, compensation 47.56.100, 47.56.110 Roadside areas campers, trailers, motor homes additional fee 46.16.063 Roadside improvement and beautification damaging roadside project unlawful, exceptions 47.40.070 department funds for may be spend independently or in conjunction with others 47.40.020 destroying native flora on state lands or on or adjoining highways and parks unlawful 47.40.080 permits to private persons for 47.40.030 agreement to maintain project upon granting of permit 47.40.060 application contents 47.40.040 survey and report on, grant or refusal of permit 47.40.050 as proper highway purpose 47.40.010 Roadway, defined 47.04.010 motor vehicle law 46.04.500 Roadway construction area speeding 46.61.527 Routes, state route numbers Ch. 47.17 Routes and branches filing with secretary of state 47.36.097 numbering system 47.36.095 state route numbers Ch. 47.17 Rules of the road, See MOTOR VEHICLES, subtitle Rules of the road RV account, motor vehicle fund sanitary disposal systems, rest areas 46.68.170 Safety zone, defined 47.04.010 motor vehicle law 46.04.510 Sanitary disposal systems, rest areas RV account, motor vehicle fund 46.68.170 Scenic and recreational highways allocation of costs 47.39.030 corridor management plan 47.39.075 creation 47.39.010 department of transportation consultation with other agencies 47.39.090 designation of portions of existing highways as part of system 47.39.020 designation of system on maps 47.39.060 development and maintenance of system 47.39.030 funding priorities 47.39.080 highway advertising control definitions 47.42.020 information signs, contents 47.36.320 planning and design standards establishment by office of community affairs facilities and factors to be considered 47.39.050 [RCW Index—page 349] HIGHWAYS planning and design standards establishment by the planning and community affairs agency 47.39.040 removal of designation 47.39.100 scenic areas designated 47.42.140 signage 47.39.080 tourist oriented directional signs 47.36.320 tourist routes, identification 47.39.090 Scenic areas under highway advertising control act of 1961, designation of 47.42.140 Scenic byways, designation Ch. 47.39 Scenic vistas act Ch. 47.42 Shoulder driving, permitted, when 46.61.428 Signs adopt-a-highway signs 47.36.400 informational, contents 47.36.310, 47.36.320 motorist information signs definitions 47.36.005 local governments may erect 47.36.300 lodging activity listings 47.36.340 placement 47.36.330 "RV" logo 47.36.360 multilane usage 47.36.260 over highways specifications for signs, banners 47.36.030 prohibited by statute, resolution or ordinance 47.42.048 regional shopping center directional signs 47.36.270 route and branches designations 47.36.095 filing with secretary of state 47.36.097 route numbers Ch. 47.17 specific information panels installation time, limits on 47.36.350 specific motorist information, business signs, and directional information 47.36.310 state park directional signs 47.36.290 supplemental direction signs, erection by local governments 47.36.300 Sound buffer zones, acquisition 47.12.250 Speed limits alteration by local authorities 46.61.415 auto stages 46.61.405, 46.61.410 bridges, tunnels, underpasses 46.61.450 cities and towns alteration by local authorities 46.61.415 maximums 46.61.400 exceeding to pass slower vehicle 46.61.425 minimums may be set 46.61.425 county roads, maximums 46.61.400 curves, reduction of speed 46.61.400 exceeding maximum speed limit to pass vehicle driving below maximum speed limit 46.61.425 hazardous conditions, lower speed required 46.61.400 highways, increases by secretary of transportation 46.61.410 impeding traffic by slow speed, violation 46.61.425 increase of local authorities 46.61.415 increases by secretary of transportation 46.61.410 intersections, reduction of speed 46.61.400 limited access facilities 46.61.430 lowering of maximums, power of secretary of transportation 46.61.405 maximum specified 46.61.400 exceeding to pass slower moving vehicle 46.61.425 minimum speeds local authorities may set 46.61.425 rules for operation 46.61.425 secretary of transportation may set 46.61.425 pedestrian traffic, reduction of speed 46.61.400 playground crosswalks 46.61.440 railroad crossings, reduction of speed 46.61.400 reasonable and prudent rule 46.61.400 reduction of speed hazardous conditions 46.61.400 [RCW Index—page 350] local authorities 46.61.415 roadway construction area speeding 46.61.527 school crosswalks 46.61.440 signs alterations effective when signs posted 46.61.410, 46.61.415 schools or playground crosswalks, effect of posting 46.61.440 Spirit Lake Memorial Highway 47.17.655 Spirit lake memorial highway 47.20.700 Standards, county roads, compliance with 36.86.020 State highway, defined 47.04.010 motor vehicle law 46.04.560 State highway system criteria for changes to 47.17.001 designation as part of, criteria 47.17.001 State parks, transportation department authorized to construct and maintain within 47.01.180 State route 520, Alaskan Way viaduct, Seattle Seawall improvements, requirements 47.01.380, 47.01.390, 47.01.400, 47.01.405, 47.01.406, 47.01.408, 47.01.410, 47.01.412, 47.01.415, 47.01.417 State route numbers Ch. 47.17 Statewide significance, highways of 47.05.022, 47.05.200 Statewide transportation planning Ch. 47.06 Stop and "yield" signs on streets, roads and highways, generally 47.36.110 Stop or stopping defined motor vehicle law 46.04.565, 46.04.566 Storm water treatment facilities highway construction projects, planning 90.03.540 Streets abandoned state highway as 36.75.090 aid in construction and maintenance of by state or county, procedure 47.24.050 city street fund established, use 47.24.040 highway commission may acquire rights of way to 47.24.030 as state highways, See HIGHWAYS, subtitle Streets as state highways used as temporary route pending construction of new highway, not to be maintained or improved as temporary route by transportation department 47.04.100 Streets, See also STREETS AND ALLEYS Streets as state highways construction and maintenance 47.24.010 designation 47.24.010 franchises across bridges jointly owned or operated with state 47.44.040 jurisdiction, control and duties of city or town and state with respect to 47.24.020 return of to city or town 47.24.010 speed, parking and traffic control regulations, subject to approval of department of transportation 47.24.020 Surplus real property program 47.12.063 Tacoma-Seattle-Everett facility Ch. 47.10 Telecommunications companies’ use of right of way 80.36.040 Tire chain installation permits to install 47.04.270 Toll bridge authority granting of franchises on authorized disposition of moneys received 47.56.257 permits, leases and licenses to governmental entities to use facilities authorized disposition of moneys received 47.56.257 powers and duties relating to, generally 47.56.070 Puget Sound ferry system, toll roads as a part of Ch. 47.60 sale of property sale of property authorized, execution, delivery of deed disposition of money received 47.56.257 sale of unneeded property to governmental entities, execution, delivery of deed disposition of moneys received 47.56.257 satisfaction of valid claims 47.56.243 Toll bridge construction and financing procedure, bond issues authorized form, contents, interest and conditions of bonds 47.56.140 Toll bridges, See BRIDGES, subtitle State toll bridges Toll facilities approval of tolls 47.56.031 contracts for repairs 47.56.030 created after July 1, 2008 47.56.805, 47.56.810, 47.56.820, 47.56.830, 47.56.840, 47.56.850, 47.56.860 high-occupancy toll lanes account, operations 47.66.090 definition 47.56.401 pilot project 47.56.403 notification requirements 47.56.258 plans and specifications for approved by transportation commission 47.56.070 purchasing 47.56.030 Toll tunnels, See TUNNELS, subtitle Toll tunnels Town plats, platted streets as 58.08.035, 58.08.050 Traffic control devices for city limit signs 47.36.120 county roads and bridges, standards for signs, signals, and guideposts 36.86.040 directional, caution and stop signs on streets, roads and highways, generally 47.36.100 forbidden structures, signs or devices on city streets, county roads or state highway, as public nuisance 47.36.180 meddling with signs prohibited 47.36.130 motorist information signs definitions 47.36.005 railroads crossing state highways at grade to be posted 47.36.050 procedure upon failure to post 47.36.070 transportation department may erect signs at highway-railroad grade crossing 47.36.080 signs or flaggers at thoroughfare work sites required 47.36.200 standard federal road markers to be placed on state-interstate highways 47.36.090 standard traffic devices to be manufactured and furnished to cities, towns and counties at cost 47.36.040 stop and "yield right of way" signs on streets, roads and highways, generally 47.36.110 traffic devices on county roads and city streets, duty to erect and maintain 47.36.060 transportation department to erect traffic devices on state highways 47.36.050, 47.36.053 uniform system to be adopted, standards for 47.36.020, 47.36.030 Traffic lights, nonfunctioning 46.61.183 Traffic safety commission, See TRAFFIC SAFETY COMMISSION Trails and paths definitions 47.30.005 establishing of, factors to be considered 47.30.040 expenditures deemed to be for highway, road and street purposes 47.30.060 expenditures of available funds authorized 47.30.030 minimum amount 47.30.050 when 47.30.030 factors to be considered when establishing 47.30.040 incorporation into highway design 47.30.020 powers and duties of state transportation department 47.30.060 public highways, paths as 47.30.070 (2008 Ed.) HISTORIC SITES restrictions on use of paths and trails 47.30.060 severance or destruction, alternative or reconstruction 47.30.010 Transfer to counties abandoned state highways 36.75.090 used for ten years, effect 36.75.080 worked by county for seven years, effect 36.75.070 Transportation commission contributions to project by city or town, county or political subdivision authorized 47.56.250 Transportation improvement board rural arterial program coordination 36.79.110 Tribal highway cooperative agreement 47.20.710, 47.20.715, 47.20.720, 47.20.725, 47.20.730, 47.20.735 Twenty-four hour headlight policy on state highways, cities and counties may request creation by department of transportation 47.04.180 Two-lane slow moving vehicles to turn off roadway, when 46.61.427 Unfranchised use of right of way penalties 47.44.060 University of Washington arboretum and botanical gardens, reconveyance for state highway purposes 28B.20.356, 28B.20.364 University of Washington campus highway authorized 47.20.590 Urban arterial construction advance right-of-way, definition 47.26.320 advance right-of-way revolving fund 47.26.325, 47.26.330 allocation of funds, rules 47.26.450, 47.26.460 apportionment of funds by regions 47.26.050 arterial, defined 47.26.090 bicycle routes legislative declaration 47.26.300 bond issues city and county arterials in urban areas 47.26.420, 47.26.421, 47.26.422, 47.26.423, 47.26.424, 47.26.425, 47.26.426, 47.26.427, 47.26.440, 47.26.460 state highways in urban areas 47.26.400, 47.26.401, 47.26.402, 47.26.403, 47.26.404, 47.26.405, 47.26.406, 47.26.407 budget for expenditures 47.26.440 definitions 47.26.040, 47.26.044, 47.26.090, 47.26.100, 47.26.110 interpretation of statutes, liberal construction authorized 47.26.930 legislative intent 47.26.010 long-range arterial construction plans counties and cities to prepare and submit to board 47.26.170 long-range needs studies, coordination 47.01.240 matching funds 47.26.270 payment process 47.26.260 project selection for funding 47.26.190 qualifications for administering projects 47.26.185 regions, groupings by for apportionment of funds 47.26.050 transportation improvement account 47.26.084, 47.26.086 transportation improvement board coordination of long-range needs studies with transportation department 47.01.240 urban area, definition 47.26.040 urban arterial trust account apportionment 47.26.190 apportionment of funds 47.26.080 expenditures 47.26.080 Urban public transportation systems in conjunction with existing highways declaration of public purpose 47.04.083 (2008 Ed.) definition 47.04.082 exclusion from limited access facilities 47.52.010 highway funds may be expended for 47.08.070 participation in 47.04.081 Viewpoints, acquisition of property for 47.12.250 Violations of title penalty 47.04.090 Washington State University stadium highway authorized 47.20.580 Waters backed and held over highways for public purposes 90.28.010, 90.28.020 HIGHWAYS, JOINT COMMITTEE ON (See LEGISLATIVE TRANSPORTATION COMMITTEE) HISPANIC AFFAIRS COMMISSION Chair 43.115.040 Created 43.115.020 Executive director 43.115.045 Legislative declaration 43.115.010 Membership 43.115.030 Powers and duties 43.115.040 Quorum 43.115.030 Relationships with local government and private industry 43.115.060 Specialized forest products minority groups, assistance and training 76.48.200 Sunset act termination 43.131.341, 43.131.342 Terms 43.115.030 Travel expenses 43.115.030 Vacancies 43.115.030 HISTORIC PRESERVATION Advisory council 27.34.250, 27.34.260, 27.34.270, 27.34.280 Archaeological sites and resources abandoned resources, declaration 27.53.045 activities on public lands 27.53.080 crimes relating to 27.53.060 definitions 27.53.030 field investigations 27.53.070 legislative declaration 27.53.010 preservation 27.53.020 resources, declaration 27.53.040 rule-making authority 27.53.140 violations and penalties 27.53.090, 27.53.095 Archaeology and historic preservation, department of generally Ch. 43.334 Capitol furnishings preservation committee 27.48.040 Cemeteries and burial sites, database 27.34.415 Cities and towns authority 35.21.395 Counties authority to acquire, maintain, improve, etc. 36.32.435 Counties, cities, and towns authorized to expend funds for preservation and exhibition of 27.48.010 Department of archeology and historic preservation advisory council, services provided to 27.34.280 director duties 27.34.230, 27.34.240 powers 27.34.220 grants, apportionment 27.34.240 Heritage barn preservation program 27.34.400, 27.34.405, 27.34.410 Heritage capital projects, proposals and prioritized list for funding 27.34.330 Heritage council, duties Ch. 27.34 Historic properties taxation Ch. 84.26 Historical societies budget requests 27.34.060 definitions 27.34.020 purpose for creation 27.34.010 Indians graves, other artifacts Ch. 27.44 Maritime history Grays Harbor historical seaport and steamer Virginia V, funding for restoration and preservation 88.02.052 maritime historic restoration and preservation account 88.02.053 voluntary donations to support historic restoration and preservation 88.02.052 Museums or historical societies unclaimed property 63.26.010, 63.26.020, 63.26.030, 63.26.040, 63.26.050 National historic towns, designation 36.70A.520 Oral history program, See ORAL HISTORY PROGRAM Real property acquisition monitoring criteria for conformance 64.04.135 open space law 64.04.130 State capital historical museum 27.34.900 State capitol public and historic facilities Ch. 79.24 State historical societies directors 27.34.080 educational publications printing 27.34.075 heritage capital projects, proposals and prioritized list for funding 27.34.330 Pickett House, conveyance by, held in trust 27.34.906 powers and duties 27.34.070 State parks historic archaeological resources, identification 79A.05.195 State-owned aquatic lands archaeological activities 79.105.600 discovery and report 27.53.100 State-owned archaeological resources contracts for discovery and salvage 27.53.110, 27.53.120, 27.53.130, 27.53.150 Superior court exhibits of historic value, delivery to historical societies 36.23.070 Unclaimed property held by museums or historical societies 63.26.010, 63.26.020, 63.26.030, 63.26.040, 63.26.050 Vancouver national historic reserve 27.34.390, 27.34.395 Women’s history consortium board of advisors 27.34.365, 27.34.370 created, managing agency 27.34.360 report to legislature 27.34.380 responsibilities 27.34.375 HISTORIC SITES Cities and towns special review districts tax immunity or exemption, conditions 35.21.755 Conservation corps identification for rehabilitation 43.220.180 Counties special review districts tax immunity or exemption, conditions 35.21.755 Highway commission authorized to acquire property for 47.12.250 Historic buildings state building code, exception 19.27.120 wood burning, permitted 70.94.041 Identification for rehabilitation by conservation corps 43.220.180 National historic towns, designation 36.70A.520 Special review districts historical sites tax immunity or exemption, conditions 35.21.755 State parks historic archaeological resources, identification 79A.05.195 Taxation, in lieu excise taxes, public corporations, convention, performing and fine arts centers, federal grants 35.21.755 [RCW Index—page 351] HITCHHIKING HITCHHIKING Regulation of 46.61.255 HIV (See AIDS) HOLDING CORPORATIONS (See also BANKS AND BANKING) Banks and trust companies, restriction upon holding stock in 30.04.230 HOLES Failing to fence or cover a public nuisance 7.48.140 HOLIDAYS Courts, judicial business prohibited, exception 2.28.100 Enumerated 1.16.050 Habeas corpus, power of superior court to issue writ on holiday 2.08.010, Const. Art. 4 § 6 Injunctions, power of superior court to issue on holiday 2.08.010, Const. Art. 4 § 6 Legal holidays courts adjournments 2.28.110 closed 2.28.100 governor’s proclamation may make exceptions as to 2.28.100 judicial business prohibited 2.28.100 designated 1.16.050 Observances not designated legal holidays enumerated 1.16.050 Prohibition, power of superior court to issue writ of on holiday 2.08.010, Const. Art. 4 § 6 Publication of legal notices, omission, legality 65.16.100 Schools, designation of legal holidays 28A.150.050 State offices closed 42.04.060 Time computation, exclusion from 1.12.040 Writs that may be issued and served 2.28.100, Const. Art. 4 § 6 HOLOCAUST Instruction encouraged in high school curriculum 28A.300.115 Materials, preparation and availability of 28A.300.115 Victims insurance relief definitions 48.104.030 failure to comply by insurer, penalty 48.104.080 false information filed by company, penalty 48.104.070 Holocaust insurance company registry 48.104.050, 48.104.060 Holocaust survivor assistance office 48.104.040 international commission, cooperation with 48.104.090 private rights of action reserved 48.104.100 statute of limitations extended 48.104.110 HOME DETENTION (See SENTENCES, subtitle Home detention) HOME ECONOMICS Counties, extension work 36.50.010 HOME HEALTH CARE (See HEALTH SERVICES, subtitle Home health care) HOME INSPECTORS Advertising 18.280.100 Advisory licensing board authority 18.280.060 created 18.280.040 Civil infractions 18.280.140 Definitions 18.280.010 Director’s authority 18.280.050 Duties 18.280.030 Licenses appeal 18.280.130 exemption 18.280.170 length and renewal 18.280.090 qualifications 18.280.070 renewal, continuing education 18.280.110 required 18.280.020 [RCW Index—page 352] written exam 18.280.080 Reciprocity 18.280.180 Relief by injunction, director and board immunity 18.280.160 Reports, written 18.280.120 Structural pest inspector 18.280.190 Uniform regulation of business and professions act 18.280.150 HOME RULE (See COUNTIES, subtitle Home rule charter) HOME SCHOOLING Defined 28A.225.010 Duties of parent 28A.200.010, 28A.200.020 Exceptions to mandatory public school attendance 28A.225.010 Extension programs of private schools 28A.195.010 High school assessments, exemption 28A.200.010 HOMELESS PERSONS Emergency housing programs 43.63A.645 Families with children shelter and housing services 43.20A.790 Housing and assistance account 43.185C.060 affordable housing for all account 43.185C.190 census or count 43.185C.030 client management information system 43.185C.180 definitions 43.185C.010 findings 43.185C.005 interagency council on homelessness 43.185C.170 local plans 43.185C.050 offenders, transitional housing assistance 43.185C.200 program created 43.185C.020 strategic plan 43.185C.040 transitional housing operating and rent program 43.185C.210, 43.185C.215 Street youth HOPE centers 74.15.220, 74.15.225, 74.15.250, 74.15.260, 74.15.270 responsible living skills program 74.15.230, 74.15.240, 74.15.250, 74.15.260, 74.15.270 Vision services coordination 43.20A.800 funding 43.20A.810 provider liability 43.20A.830 third-party payers 43.20A.840 used eyeglass frames, use by providers 43.20A.820 HOMELESS SHELTERS Alcoholism treatment facilities, availability 74.50.010 Hotel-motel tax, exemption 67.28.183, 67.40.105 State surplus property, donation to emergency shelters 43.19.1920 HOMEMAKERS Displaced homemaker program, See DISPLACED HOMEMAKER PROGRAM HOMEOWNERS’ ASSOCIATIONS Board of directors 64.38.025 Bylaws 64.38.030 Definitions 64.38.010 Financial statements 64.38.045 Flag of United States, display 64.38.033 Funds and accounts 64.38.045 Governing documents removal of discriminatory provisions 64.38.028 Greenbelts or open space not subject to adverse possession 36.70A.165 Homestead exemption 6.13.080 Meetings 64.38.035, 64.38.040 Membership 64.38.015 Political yard signs 64.38.034 Powers 64.38.020 Recordkeeping requirements 64.38.045 Speed limits on private roads, enforcement 46.61.419 HOMEPORT (See NAVY HOMEPORT) HOMES (See also HOUSING) Energy conservation loans Const. Art. 8 § 10 Privacy of guaranteed Const. Art. 1 § 7 Soldiers not to be quartered in Const. Art. 1 § 31 HOMESTEADS Abandonment acknowledgment of declaration of 6.13.050 execution of declaration of 6.13.050 Abandonment, declaration of 6.13.040 Appraiser appointment 6.13.130 compensation of 6.13.190 oath, duties 6.13.140 qualifications 6.13.130 Attachments exempt, when 6.13.070 Bankruptcy federal, state exemption duplication prohibited 6.13.080 Child support obligation, homestead subject to execution and forced sale 6.13.080 Claims, recording 65.04.030 Community property homestead may consist of 6.13.020 Contest of validity jurisdiction 6.13.070 Conveyances acknowledgments 6.13.060 execution 6.13.060 incompetency or disability of spouse or domestic partner 6.13.210, 6.13.220, 6.13.230 incompetent or disabled spouse or domestic partner 6.13.240 Dwelling or mobile home, homestead includes 6.13.010 Encumbrance of acknowledgment required 6.13.060 execution 6.13.060 Execution against application for appraisal 6.13.130 appointment of appraiser 6.13.130 appraiser, oath, duties 6.13.140 authorized, when 6.13.100 compensation of appraiser 6.13.190 hearing 6.13.130 petition contents 6.13.110 verified 6.13.110 costs 6.13.200 division of 6.13.150 levy 6.13.100 petition of appraisal to recite levied upon 6.13.110 proceeds of sale, distribution of 6.13.170 sale of property not divisible 6.13.160 Exemptions from attachment, when 6.13.070 automatic 6.13.040, 6.15.060 from execution, when 6.13.070 from forced sale, when 6.13.070, Const. Art. 19 § 1 limitations on value 6.13.030 Filing letters patent 65.08.090 petition for homestead alienation where incompetent or disabled spouse or domestic partner 6.13.230 Forced sale exempt, when 6.13.070 legislature to provide exemption from Const. Art. 19 § 1 subject to, when 6.13.080 Income tax exemption from judgment for out-of-state income tax 6.13.030 Jurisdiction, homestead exemption, contest of validity 6.13.070 Liens (2008 Ed.) HORSE RACING COMMISSION judgment against owner 6.13.090 laborers’, homestead subject to execution or forced sale 6.13.080 materialmen’s, homestead subject to execution and forced sale 6.13.080 mechanics’ homestead subject to execution and forced sale 6.13.080 vendors’, homestead subject to execution and forced sale 6.13.080 Limitation on value of homestead 6.13.030 Mobile homes included 6.13.010 Mortgages, homestead subject to execution and forced sale 6.13.080 Net estate, homestead excluded from computation for probate purposes 11.02.005 Net value, defined 6.13.010 Nonabandonment acknowledgment of declaration of 6.13.050 execution of declaration of 6.13.050 Owners, defined 6.13.010 Personal or real property used as residence included in 6.13.010 Power of attorney probate absolute ownership power includes right to convey or encumber 11.94.060 Presumptions of homestead validity 6.13.070 Probate net estate, homestead excluded from computation 11.02.005 Property subject to 6.13.020 Real or personal property used as residence included in 6.13.010 Redemption period, during accounting not required 6.23.110 possession 6.23.110 real estate brokers listing, sales, proceeds distribution 6.23.120 Requirements 6.13.010 Residence homestead requirements 6.13.010 Sales execution, on homesteads divisible 6.13.150 homesteads not divisible 6.13.160 proceeds, disposition 6.13.170 exempt from forced sale, when 6.13.070 new homestead exempt 6.13.070 proceeds exempt 6.13.070 proceeds from sale disposition of 6.13.180 process, protection from 6.13.180 Separate property homestead may consist of 6.13.020 Spousal maintenance obligation, homestead subject to execution and forced sale 6.13.080 Use requirements and limitations 6.13.030 Value homestead limitations 6.13.030 petition for appraisal to show excessive value 6.13.110 Venue homestead exemption contest of validity 6.13.070 HOMICIDE Coroner’s inquest, authority 36.24.020 Defined 9A.32.010, 9A.32.055 Excusable when by accident or misfortune 9A.16.030 Inquests, See CORONERS, subtitle Inquests Justifiable private person defense of family or others 9A.16.050 defense of home 9A.16.050 self-defense 9A.16.050 public officer apprehension of felon 9A.16.040 escaped felon prisoner, retaking of 9A.16.040 execution of court process 9A.16.040 obedience of court judgment 9A.16.040 suppression of a riot 9A.16.040 (2008 Ed.) Manslaughter first degree 9A.32.060 second degree 9A.32.070 Murder, aggravated first degree Ch. 10.95 Survivors counseling for victim’s immediate family members 7.68.070 HONEY Adulterated, sale unlawful 69.28.130 Agriculture, department of enforcement powers and duties 69.28.020 rules and regulations 69.28.030 Artificial honey labeling requirements 69.28.400 Containers labeling 69.28.050 marking requirements 69.28.060 slack-filled 69.28.100 used containers 69.28.110 Definitions Ch. 69.28 Embargo 69.28.410, 69.28.420, 69.28.450 Floral source 69.28.120 Grades and standards purchaser to be advised 69.28.080 rules 69.28.030 Honey bee commission, See HONEY BEE COMMISSION Inspection 69.28.040, 69.28.170 Labels artificial honey 69.28.400 floral source 69.28.120 forgery or false representation 69.28.090 mixtures containing honey 69.28.400 mutilation, destruction, or removal 69.28.095 Nonconforming honey, sale unlawful 69.28.133 Right of entry 69.28.040 Violations adulterated honey 69.28.130 consolidation of petitions 69.28.430 enforcement 69.28.170 evidence 69.28.140 nonconforming honey 69.28.133 penalty 69.28.185 rules and regulations 69.28.180 sampling of products 69.28.440 warning-tagged honey, movement prohibited 69.28.135 Warning-tagged honey, movement prohibited 69.28.135 HONEY BEE COMMISSION Apiarist members election 15.62.080 Assessments collection and deposit 15.62.150 determination 15.62.140 failure to remit 15.62.150 refunds 15.62.160 Certified copies of proceedings, records, and acts as evidence 15.62.120 Definitions 15.62.020 Elections and referenda costs and reimbursement 15.62.100 notices 15.62.090 Establishment by referendum 15.62.030 Gifts, grants, and endowments, acceptance and use 15.62.150 Injunctions to enjoin violations 15.62.230 Membership 15.62.050 Nonliability of state and commission 15.62.210 Notices of activities 15.62.090 Officers, fidelity bonds 15.62.130 Powers and duties 15.62.040 Promotional printing and literature 15.62.190 Prosecutions, superior court jurisdiction 15.62.230 Qualifications of members 15.62.060 Quorum 15.62.110 Recordkeeping 15.62.170, 15.62.200 Reporting to commission 15.62.180 Termination, suspension, or continuance 15.62.300 Termination or suspension 15.62.310 Terms of office 15.62.070 Travel expenses 15.62.110 Vacancies in office 15.62.070 Violations of chapter or commission rule 15.62.220 HONORARY CONSULS License plates 46.16.371 HOOD CANAL AQUATIC REHABILITATION ZONE Generally Ch. 90.88 On-site sewage disposal systems, marine recovery areas Ch. 70.118A HORIZONTAL PROPERTY REGIMES (See CONDOMINIUMS) HORSE PARK, STATE Definitions 79A.30.010 Establishment and siting 79A.30.020 Horse park authority collaboration with state agencies 79A.30.050 formation and board of directors 79A.30.030 powers 79A.30.030, 79A.30.040 youth recreational activities, cooperation with groups to provide 79A.30.050 Operation and management 79A.30.020 HORSE RACING (See also HORSE RACING COMMISSION) Business and occupation tax imposed 82.04.286 Business and occupation tax exemption 82.04.350 Licenses meets 67.16.050 Live horse racing compact committee 67.17.050, 67.17.060, 67.17.070, 67.17.080, 67.17.090 compact effective date 67.17.020 conditions and terms 67.17.100 definitions 67.17.010 eligibility 67.17.030 governmental cooperation 67.17.110 horse racing commission, impact 67.17.120 purpose of chapter 67.17.005 withdrawal 67.17.040 Public assistance electronic benefit cards 67.16.065 Thoroughbred race track tax deferrals Ch. 82.66 Workers’ compensation premium assessment 51.16.210 supplemental pension fund assessments 51.32.073 Workers compensation coverage premium assessment 67.16.300 HORSE RACING COMMISSION Accounts bred owners’ bonus fund account 67.16.275 class C purse fund account 67.16.285 commission operating account 67.16.280 Advance deposit wagering 67.16.260 Appaloosa horses, horses eligible for races, registration 67.16.080 Arabian horses, horses eligible for races registration 67.16.080 Background checks 67.16.045 Bonds 67.16.012 Breeders’ awards 67.16.075 Broadcasting and motion picture rights 67.16.110 Definitions 67.16.010 Employees 67.16.015 conflicts of interest 67.16.140, 67.16.150, 67.16.160 Exotic wagers breeder awards, percentage of receipts 67.16.175 state’s share of receipts 67.16.175 Funds disposition and retainage 67.16.100 fair fund 67.16.100 Handicapping contests 67.16.251 Licenses 67.16.020 [RCW Index—page 353] HORSES Members 67.16.012 compensation and travel expenses 67.16.017 ex officio nonvoting members 67.16.014 Nonprofit race meets licenses 67.16.130 receipts, distribution 67.16.105 Nonprofit race meets, interest on one percent of parimutuel gross receipts to support 67.16.101 Officers 67.16.015 conflicts of interest 67.16.140, 67.16.150, 67.16.160 Owners’ bonuses 67.16.075 Paint horses, races 67.16.090 Parimutuel gross receipts distribution 67.16.105 new race track in western Washington, distribution of receipts to account 67.16.105 percentage of reimbursement to new licensee for new race track 67.16.102 Parimutuel wagering exotic wagers, state’s share 67.16.175 satellite locations 67.16.200, 67.16.230 Pathological gamblers, information for 9.46.071 Payments to commission, percentage of receipts exotic wagers 67.16.175 schedule 67.16.105 Purses additional payment to horses bred in Washington 67.16.101 distribution of additional sum to horses bred in Washington 67.16.102 Quarter horse races, horses eligible for, registration 67.16.080 Race meets authority to regulate 67.16.020 gambling at 67.16.060 license for 67.16.050 parimutuel at exotic wagers, state’s share 67.16.175 percentage to commission 67.16.100 deposit of, distribution 67.16.102 interest on to support nonprofit race meets 67.16.101 permission for 67.16.060 public nuisance 67.16.060 regulating and licensing 67.16.040, 67.16.050 rules for 67.16.050 Races for local breeders appaloosa horses limitation 67.16.090 registration 67.16.080 arabian horses limitation 67.16.090 registration 67.16.080 quarter horses authority for 67.16.070 limitation 67.16.090 registration 67.16.080 standardbred horses authority for 67.16.070 thoroughbred horses authority for 67.16.070 limitation 67.16.090 Records 67.16.015 Reimbursement to new licensee for new race track parimutuel gross receipts, percentage of 67.16.102 Report to governor 67.16.015 Responsibilities parimutuel gross receipts, percentage of deposit of, distribution 67.16.102 interest on to support nonprofit race meets 67.16.101 Revenue retention percentages for exotic wagers 67.16.175 percentages for licensee 67.16.170 Salaries 67.16.012 Satellite locations, parimutuel wagering 67.16.200, 67.16.230 Simulcasts of live races 67.16.200 [RCW Index—page 354] Standardbred harness horses, races 67.16.090 Terms of office, vacancies 67.16.012 Travel expenses and compensation 67.16.017 Violations, penalties 67.16.270 Washington-bred horses, duties with relation to purses for 67.16.102 HORSES (See also EQUESTRIAN; LIVESTOCK) Appaloosa horses, races 67.16.080, 67.16.090 Arabian horses, races 67.16.080 Arabian horses, racing 67.16.090 Brands and marks Ch. 16.57 penalty 9.16.010 Carcasses, disposal Ch. 16.68 Cruelty to animals Ch. 16.52 Docking horses, penalty 16.52.090 Equine activities limitation on liability for injuries arising from 4.24.530 exceptions 4.24.540 Horse meat, unlawful possession, exceptions 16.68.140 Horse park, state Ch. 79A.30 Identification certificates 16.57.400, 16.57.410 Logs and logging, liens for services 60.24.020 Microchip implant, removal with intent to defraud 16.57.405, 16.57.407 Quarter horses, races 67.16.070, 67.16.080, 67.16.090 Racing, See HORSE RACING Rendering plants Ch. 16.68 Special open consignment horse sales, licensing and regulation Ch. 16.65 Standardbred, races 67.16.070 Thoroughbred, races 67.16.070 Thoroughbred horses, races 67.16.090 Thoroughbred race track tax deferrals Ch. 82.66 HORTICULTURE Agriculture, department of director’s powers and duties 43.23.050 Apple commission Ch. 15.24 Christmas trees, See CHRISTMAS TREES Commodity commissions trade promotion and development expenditures 15.04.200 Farmers markets nursery dealer license and fees 15.13.270, 15.13.280 Fresh fruit sales limitation act Ch. 15.21 Fruit and vegetable businesses, tax deferrals Ch. 82.74 Fruit and vegetable inspection districts establishment 15.17.230 inspectors and fees 15.17.240 Rhagoletis pomonella control, funding 15.17.243 Fruit tree certification, advisory committee 15.13.315 General provisions Ch. 15.04 Ginseng certification and grower registration Ch. 15.19 Grades and packs containers 15.17.050 culls, designation 15.17.080 definitions 15.17.020 director’s duties 15.17.030, 15.17.050 enforcement 15.17.030 exemptions 15.17.213 fruit and vegetable inspection account 15.17.240 fruit and vegetable inspection districts establishment 15.17.230 inspection and certification fees 15.17.150 inspection certificates or other official documents as evidence 15.17.170 request for, fees 15.17.140 right of entry and search warrants 15.17.190 inspections 15.17.050 intergovernmental cooperation and agreements 15.17.270 noncomplying plants or products, enforcement 15.17.200 private grades or brands 15.17.090 Rhagoletis pomonella control, funding 15.17.243 standards 15.17.050, 15.17.060 violations 15.17.210 civil penalty 15.17.290 injunctions against 15.17.260 Horticultural pest and disease board, powers and duties Ch. 15.09 Horticultural pests and diseases inspection board duties and powers 15.08.180, 15.08.190 Horticultural tax 15.08.260, 15.08.270 Insect pests and diseases quarantine and regulation of movement Ch. 17.24 Inspectors horticultural premises, right to enter for inspection 15.08.040 Integrated pest management Ch. 17.15 Ladybugs and other beneficial insects Ch. 15.61 Liens condemnation of infected property costs, lien for 15.08.090 deficiency, action to recover costs 15.08.110 foreclosure, impoundment, and sale 15.08.100 record of proceedings 15.08.120 sale proceeds, application 15.08.110 disinfection of infected property costs, lien for 15.08.140 failure to pay costs 15.08.170 hearing on costs 15.08.150 payment 15.08.160 record of proceedings 15.08.130 Northwest nursery fund, See PUBLIC FUNDS, subtitle State, northwest nursery fund Noxious weeds, See WEEDS Nurseries and nursery stock access to premises for enforcement and inspection purposes 15.13.265 agreements with governmental entities and other organizations 15.14.075 certification failure to meet requirements 15.14.095 fees 15.14.125 samples for inspection and testing 15.14.025 compliance agreements 15.14.045 definitions 15.14.010 grapevine certification, advisory committee 15.13.315 injunctions 15.14.115 inspections, director’s authority 15.14.035 liens, See LIENS, subtitle Nursery stock moneys collected, disposition 15.13.470, 15.14.145 noncompliance by growers, remedies 15.14.135 pests and diseases Ch. 15.08 definitions 15.08.010 duty to disinfect or destroy 15.08.030 prevention, control, and disinfection 15.08.020 pests and diseases, quarantine and regulation of movement Ch. 17.24 plants and facilities, inspection and licensing Ch. 15.13 registered, foundation, and breeder stock, availability 15.14.050 registered, foundation, or breeder stock acceptance 15.14.065 restrictions on use 15.14.050 rules adoption and scope 15.14.015 selling, shipment or transport of plants not meeting standards unlawful 15.13.390 shipment or delivery of plants into state inspection and certification, requirements 15.13.400 labels and tags, contents 15.13.410 unlawful acts 15.14.105 Nursery dealers (2008 Ed.) HOSPITALS assessments on gross sale price of wholesale market value of fruit trees, ornamental trees, and rootstock 15.13.310 injunctions against dealers without valid licenses 15.13.455 licenses and fees application 15.13.300 delinquent assessments 15.13.340 exemptions 15.13.270 hearings 15.13.360 late renewal fee 15.13.290 requirements 15.13.280 surcharge to support research projects 15.13.285 suspension 15.13.500 moneys collected, disposition 15.13.470 unlawful acts 15.13.420, 15.13.425 Orchards liens, See LIENS, subtitle Orchards and orchard lands Permits sales by clubs, conservation districts, and nonprofit organizations 15.13.270 Pest control integrated pest management Ch. 17.15 Pest districts Ch. 17.12 Pesticide application act Ch. 17.21 Pesticide control act Ch. 15.58 Pests and diseases condemnation of infected property 15.08.050, 15.08.060, 15.08.070, 15.08.080, 15.08.090, 15.08.100, 15.08.110, 15.08.120 condemnation order 15.13.440, 15.13.445 definitions 15.08.010 disinfection of infected property 15.08.130, 15.08.140, 15.08.150, 15.08.160, 15.08.170 dumping or piling of infected products or containers unlawful 15.08.240 hold order on infected or infested plants 15.13.430, 15.13.445 horticultural pest and disease board, powers and duties Ch. 15.09 horticultural tax 15.08.260, 15.08.270 host-free districts, declaration of 15.08.250 inspection board duties and powers 15.08.180, 15.08.190 inspectors, right to enter horticultural premises for inspection 15.08.040 nuisance abatement 15.08.190, 15.08.200, 15.08.210, 15.08.220 prevention, control, and disinfection duties 15.08.030 methods 15.08.020, 15.08.025 prohibition on recovery of damages 15.13.447 public property, duty to disinfect or destroy when on 15.08.230 quarantine and regulation of movement Ch. 17.24 Rhagoletis pomonella control, funding 15.17.243 tree fruit research act and commission Ch. 15.26 Planting stock agreements with governmental entities and other organizations 15.14.075 certification failure to meet requirements 15.14.095 fees 15.14.125 samples for inspection and testing 15.14.025 compliance agreements 15.14.045 definitions 15.14.010 injunctions 15.14.115 inspections, director’s authority 15.14.035 moneys collected, disposition 15.14.145 noncompliance by growers, remedies 15.14.135 pests and diseases, quarantine and regulation of movement Ch. 17.24 registered, foundation, and breeder stock, availability 15.14.050 registered, foundation, or breeder stock (2008 Ed.) acceptance 15.14.065 restrictions on use 15.14.050 rules adoption and scope 15.14.015 unlawful acts 15.14.105 Plants and facilities advisory committee 15.13.335 advisory committee for fruit tree and fruit tree related ornamental tree certification and nursery improvement program 15.13.320 assessments on gross sale price of wholesale market value of fruit trees, ornamental trees, and rootstock 15.13.310 clubs, conservation districts, and nonprofit organizations, licensing exemption 15.13.270 condemnation order on plants 15.13.440, 15.13.445 export facilitation agreements 15.13.480 hold order on infected or infested plants 15.13.430 injunctions to prevent violations 15.13.450 inspection and certification fee 15.13.380 inspection and licensing access to premises for enforcement and inspection purposes 15.13.265 definitions 15.13.250 enforcement of rules and regulations 15.13.260 exemptions 15.13.270 inspection request 15.13.370 intergovernmental agreements and cooperation 15.13.480 licenses and fees delinquent assessments 15.13.340 hearings 15.13.360 moneys collected, disposition 15.13.470 prohibition on recovery of damages 15.13.447 selling, shipment or transport of plants not meeting standards unlawful 15.13.390 shipment or delivery of plants into state inspection and certification, requirements 15.13.400 labels and tags, contents 15.13.410 unlawful acts 15.13.420, 15.13.425 violations, penalties 15.13.490 Potatoes certified seed potatoes restricted production areas, establishment Ch. 15.15 Products, sale of exempt from county peddlers’ licensing 36.71.010, 36.71.090 Seed bailment contracts Ch. 15.48 Seeds, See SEEDS Temporary growing structures for commercial purposes, building code exemption 19.27.065 Tree fruit research act and commission Ch. 15.26 Weeds, See WEEDS Wildlife damage control Ch. 77.36 HOSPICE CARE (See HEALTH SERVICES, subtitle Hospice care) HOSPITAL AND MEDICAL SERVICES FOR EMPLOYEES Deduction and employer’s contribution constitute trust fund for 49.52.010 Liens against trust fund for payment 49.52.020 HOSPITAL BENEFIT ZONES Conditions for financing public improvements 39.100.020 Creation of zone 39.100.030 Definitions 39.100.010 Local excise tax, use of excess 39.100.050 Local sales and use tax 82.14.465, 82.14.470 Ordinance 39.100.040 Revenue bonds, issuance 39.100.060 HOSPITAL COMMISSION Health, department of all references to hospital commission to be construed as to secretary or department of health 43.70.902 HOSPITAL DISTRICTS (See HOSPITALS, subtitle Public hospital districts) HOSPITAL SURVEY AND CONSTRUCTION ACT Construction 70.40.120, 70.40.140 inspection and certification 70.40.120 Definitions 70.40.020 Distribution of facilities 70.40.070 Federal funds 70.40.080 applications for construction projects 70.40.120 minimum standards for operation of hospitals 70.40.110 Generally Ch. 70.40 Health, department of assumption of powers and duties of department of social and health services under chapter 70.40.005 Inventory of facilities 70.40.060 Secretary’s duties 70.40.040 Section of state department of health, duties 70.40.030 Title 70.40.010 HOSPITALS (See also HEALTH CARE FACILITIES; HEALTH PLANNING AND RESOURCES DEVELOPMENT) Adverse health events and incident reporting systems confidentiality 70.56.050 definitions 70.56.010 department duties 70.56.030 independent entity, contract with 70.56.040 notification, reports 70.56.020 Advisory committee on vendor rates, powers and duties, generally 74.32.130 Alcoholic beverages administration and prescription 66.20.120 authorized use 66.12.150 Alcoholism treatment private establishments, licensing requirements and operating standards Ch. 71.12 Ambulatory surgical facilities Ch. 70.230 Anatomical gifts identification of potential donors, procedures 68.50.500 Billing, patients 70.41.400 Board of directors malpractice liability, limitation 7.70.090 Certificate of need requirement 70.38.105 tertiary service, required to initiate 70.41.090 Chaplains employment of chaplains at county or public health district health care facilities authorized Const. Art. 1 § 11 Charges, disclosure to health care providers 70.41.250 Charity care definitions 70.170.020 legislative intent 70.170.010 prohibited practices and policies 70.170.060 requirements 70.170.060 violations, penalties 70.170.070 Chemical dependency private establishments, licensing requirements and operating standards Ch. 71.12 Cities and towns first class cities, establishment and regulation of 35.22.280 second class cities, establishment and maintenance of 35.23.440 Complaints duty to investigate 70.41.155 toll-free telephone numbers 70.41.330 Construction earthquake resistance standards 70.86.020, 70.86.030 review process 70.41.125 Conversion to nonhospital health care facility 70.41.240 Cost disclosure to health care providers 70.41.250 [RCW Index—page 355] HOSPITALS County, See COUNTIES, subtitle County hospitals Crimes relating to, operating without license 70.41.170 Criminal mistreatment withdrawal of life support systems not applicable to chapter 9A.42.040 Data collection and assessment financial reports and patient discharge information, department of health duties 43.70.052 Data collection and reporting confidentiality requirements 70.170.090 definitions 70.170.020 legislative intent 70.170.010 violations, penalties 70.170.070 Death, See NATURAL DEATH ACT Defined for purposes of licensing and regulation 70.41.020 Disciplinary proceedings, immunity from suit, process 4.24.250 Disproportionate low-income care payment to hospitals providing 74.09.730 Districts, See HOSPITALS, subtitle Public hospital districts DMSO, prescription, administration permitted 70.54.190 Earthquake resistance standards 70.86.020, 70.86.030 Emergency care immunity from civil liability 18.71.220 Employees minimum wages 49.46.010 Employees, See also HOSPITALS, subtitle Labor relations Fire protection, generally 70.41.080 Health care practitioners’ privileges report restrictions to medical quality assurance commission 70.41.210, 70.41.220 Health resources strategy, statewide Ch. 43.370 Hospital commission, See WASHINGTON HOSPITAL COMMISSION Hospital personnel professional negligence limitation on suits arising from 4.16.350 standard of proof, evidence, exception 4.24.290 Hospital survey and construction act, See HOSPITAL SURVEY AND CONSTRUCTION ACT Human remains, use for medical purposes, See HUMAN REMAINS, subtitle Anatomical inquiry or instruction Immunity from prosecution performance of duty on review committee 4.24.240 Industrial insurance self-insurers 51.14.150, 51.14.160 Infections, health care-assisted account 43.70.323 Infections, health care-associated data collection, reports, advisors committee 43.70.056 Information regarding, disclosure prohibited 70.41.150 Insane, for, commitment applications, court commissioners’ power to hear and determine 2.24.040 Inspections exemption, when 70.41.122 responsibilities 70.41.120 surveys or audits frequent problems posted on website 70.41.045 Insurance benefits, See INSURANCE, subtitle Casualty insurance Labor relations actions for relief from unfair labor practices 49.66.070 arbitrators, compensation, expenses 49.66.120 bargaining units 49.66.030 definitions 49.66.020 picketing 49.66.060 [RCW Index—page 356] policy 49.66.010 procedures 49.66.080 remedial orders 49.66.070 strikes 49.66.060 unfair labor practices 49.66.040, 49.66.050 Licenses applications for 70.41.100 denial, suspension, modification, or revocation 70.41.130, 70.41.150 duration 70.41.110 health, department of assumption of powers and duties of department of social and health services under chapter 70.41.005 inspection exemption, when 70.41.122 responsibilities 70.41.120 penalty for violations 70.41.170 provisional 70.41.110 renewals 70.41.100 requirement of 70.41.090 specialty hospitals 70.41.115 Licensing and regulation public policy 70.41.010 Liens for services discharge settlement with tort feasor or insurer 60.44.050 taking of note 60.44.040 written release or waiver 60.44.050 duty of county auditor 60.44.030 enforcement 60.44.060 limitation of actions 60.44.060 limitation on 60.44.010 notice of claim, contents 60.44.020 payment as evidence 60.44.060 recording claims 60.44.030 taking promissory note, effect 60.44.040 when authorized 60.44.010 Long-term care information on department of social and health services programs development and distribution to hospitals 70.41.310 options available to patients, information provided 70.41.310 patient discharge requirements for hospitals and acute care facilities, pilot projects 70.41.320 Long-term care, assessment and assistance for persons in need of care 74.39A.040 Low-income care, disproportionate payment to hospitals providing 74.09.730 Malpractice actions for injuries resulting from 7.70.010, 7.70.020, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 board of directors liability, limitation 7.70.090 Medical malpractice health care practitioners’ privileges, hospitals to report restrictions to medical quality assurance commission 70.41.210, 70.41.220 physician’s privileges, hospital’s duty to request information on physicians 70.41.230 Mental illness, See HOSPITALS FOR MENTAL ILLNESS Mental retardation intermediate care facilities purchase of services 74.09.120 Newborn screening Ch. 70.83 Nonprofit sale or acquisition, procedures Ch. 70.45 Nursing staffing committee 70.41.410, 70.41.420 Patients billing 70.41.400 complaint toll-free telephone number 70.41.330 complaints, duty to investigate 70.41.155 records retention and preservation 70.41.190 safe patient handling 70.41.390 Physicians limited licenses 18.71.095 Physician’s privileges applications, may not discriminate based on type of license 70.43.020 hospital’s duty to request information on physicians 70.41.230 hospitals to set standards and procedures 70.43.010 injunctive remedies 70.43.030 osteopathic physicians and surgeons, discrimination against prohibited 70.41.235 Professional negligence limitation on suits arising from 4.16.350 standard of proof, evidence, exception 4.24.290 Public hospital districts 1974 act, construction 70.44.901 abolishing commissioner districts 70.44.042 acquisition of hospitals, evaluation criteria 70.44.315 advisory committee on vendor rates members appointment, qualifications, term 74.32.100 expenses and per diem 74.32.110 meetings 74.32.120 powers and duties, generally 74.32.130 vendor rates, defined 74.32.110 annexation of territory 70.44.200 alternate method, procedure, election 70.44.210, 70.44.230 authority for 70.44.010 authorized 70.44.003 bond issues, generally 70.44.130 boundaries, assignment of commissioners to redrawn districts 70.44.047 boundary bisecting irrigation unit, change authorized 70.44.185 chaplains, employment authorized 70.44.059 commissioner districts, resolution to abolish or reestablish 70.44.042 commissioner meetings confidential subjects 70.44.062 health care provider status, confidential 70.44.062 commissioners for appointment or election, validity 70.44.041 compensation and expenses 70.44.050 generally 70.44.040, 70.44.042, 70.44.045, 70.44.050 increase in number 70.44.053, 70.44.054, 70.44.056 vacancies 70.44.045 community revitalization financing 70.44.067 consolidation of districts 70.44.190 construction bonds 70.44.110 contracts for material and work, bid procedures, alternatives, and exemptions 70.44.140 contracting with other districts to provide services or facilities 70.44.240 contracts for purchase of real or personal property 70.44.260 definitions 70.44.007 division of petition to court 70.44.370 plan 70.44.360 special election 70.44.350 challenge 70.44.380 elections 70.44.020, 70.44.040 funds handling 70.44.171 payment to treasurer 70.44.171 public hospital district fund 70.44.171 treasurer’s duties 70.44.171 generally Ch. 70.44 interest in contracts prohibited, exceptions 42.23.030 legal challenge time period 70.44.028 (2008 Ed.) HOURS OF LABOR other health care facilities, services, defined 70.44.007 personal property, surplus disposal of 70.44.320 petition for 70.44.020, 70.44.030, 70.44.035 powers and duties, enumerated 70.44.060 property transfers 70.44.470 real property, surplus appraisal 70.44.300 lease of 70.44.310 sale of 70.44.300 sale or acquisition of nonprofit hospitals, procedures Ch. 70.45 services or facilities, contracts for providing 70.44.240 superintendent appointment, removal, compensation 70.44.070 duties 70.44.090 powers 70.44.080 treasurer, duties, fund 70.44.171 validation of 70.44.016 validation of existing districts 70.44.015 withdrawal of territory 70.44.400 withdrawal or reannexation of areas 70.44.235 Quality improvement and medical malpractice prevention program 70.41.200 Records of patients retention and preservation 70.41.190 Rules and regulations enforcement by department of health 70.41.040 standards and rules 70.41.030 surveys or audits frequent problems posted on website 70.41.045 Rural health care facilities, not to be considered as 70.175.120 Safe patient handling 70.41.390 Self-insurers, self-funding excluded from term "insurer" 48.01.050 Sexual assault victims emergency care and contraception 70.41.350, 70.41.360 Specialty licenses 70.41.115 Staff membership applications, may not discriminate based on type of license 70.43.020 hospitals to set standards and privileges 70.43.010 injunctive remedies 70.43.030 Surveys or audits frequent problems posted on website 70.41.045 Tax imposed 82.04.260, 82.04.440 Terminally ill persons, palliative care not criminal mistreatment 9A.42.045 Tertiary services certificate of need required to initiate 70.41.090 Tuberculosis, See COUNTIES, subtitle County hospitals Tuberculosis hospitals and facilities Ch. 70.30 unanticipated outcomes, notice 70.41.380 Workplace violence planning and prevention Ch. 49.19 HOSPITALS FOR MENTAL ILLNESS (See also MENTAL ILLNESS) Administration by department of social and health services Ch. 72.01 Authority over patients 71.02.490 Commitment applications, court commissioners’ power to hear and determine 2.24.040 Cooperation with local programs 72.06.070 Definitions 72.23.010 Eastern state hospital board membership and duties 72.23.025 Financial responsibility 43.20B.340 adjudicative proceedings 43.20B.340 (2008 Ed.) authority of department of institutions to assess charges 43.20B.330 determination of ability to pay adjudicative proceedings 43.20B.340 modification or vacation of findings 43.20B.350 notice 43.20B.340 rules and regulations pursuant 43.20B.335 standards for 43.20B.335 judgment for accrued amounts of charges 43.20B.345 modification or vacation of findings 43.20B.350 notice 43.20B.340 period of responsibility 43.20B.340 personal service required, when 43.20B.340 service of notice 43.20B.340 treatment costs, revenue recovery 43.20B.347 Firearms possession of, prohibited in certain areas, exceptions 9.41.300 Hospitalization charges collection 43.20B.355, 43.20B.370 criminally insane 43.20B.320 how computed 43.20B.325 statute of limitations 43.20B.360 Institutes for study and treatment of mental disorders establishment and purposes 72.23.025 Insurance waiver of preauthorization requirement for persons involuntarily committed 48.21.242, 48.44.342, 48.46.292 Interstate compact on mental health Ch. 72.27 Involuntary commitment, See MENTAL ILLNESS, subtitle Involuntary commitment Medical facilities adverse health events and incident reporting system Ch. 70.56 Mental health advance directives generally Ch. 71.32 Nonprofit organizations, agreement with to provide services 72.01.480 Northern state hospital lease of lands for county fairgrounds 36.37.160 Private licensing requirements and operating standards Ch. 71.12 Provisions applicable, chapter 72.23.460 Psychiatric outpatient clinics 72.06.060 Safe patient handling 72.23.390 State designation 72.23.020 employee background checks 72.23.035 escape 72.23.160, 72.23.170 federal patients, agreements authorized 72.23.260 gifts, receipt and use 72.23.060 inappropriate placement discouraged 72.23.027 integrated service delivery 72.23.027 minors, confinement standards 72.23.200, 72.23.210 nonresident patients 72.23.280 patient death, report 72.23.190 patient discharge or death, notice 72.23.180 patient history 72.23.130 patients, abuse of 70.124.080 definitions 70.124.020 failure to report, penalty 70.124.070 immunity for persons reporting 70.124.060 legislative findings 70.124.010 publicizing of program 70.124.090 reporting requirements 70.124.030, 70.124.040, 70.124.050 whistleblowers and residents, retaliation 70.124.100 prohibited objects or substances, penalty for violations 72.23.300 property of patient, management and accounting 72.23.230, 72.23.240, 72.23.250 seal of hospital 72.23.040 superintendent, exemption from certain duties 72.23.050 superintendent, powers and duties 72.23.030 temporary residential observation and evaluation 72.23.125 transfer of patients 72.23.290 violence prevention and workplace safety 72.23.400, 72.23.410, 72.23.420, 72.23.430, 72.23.440, 72.23.451 voluntary patients charges for hospitalization 72.23.120 detention limitations 72.23.100 number limitations 72.23.110 recordkeeping requirements 72.23.080 Voluntary commitment rights and procedures 71.05.050 Western state hospital board membership and duties 72.23.025 HOSTAGES Telecommunications may be intercepted 9.73.030 Telephone communications may be manipulated 70.85.100 HOSTELS (See TRANSIENT ACCOMMODATIONS) HOT WATER (See BOILERS AND PRESSURE VESSELS) HOT WATER HEATERS Temperature regulation 19.27A.060 HOTELS (See also TRANSIENT ACCOMMODATIONS) Alcoholic beverages, See ALCOHOLIC BEVERAGES, subtitle Hotels Automatic service charges, disclosure 49.46.160 Construction defect disputes generally Ch. 64.55 Conversion of from store to own use or unpaid restaurant meals, liability and penalty 4.24.230 Definitions 19.48.010 Defrauding an innkeeper 19.48.110 Discrimination denial of public accommodations because of race, color, or creed, penalty 9.91.010 prohibited practices 49.60.215 Employees’ liens, See LIENS, subtitle Businesses selling prepared foods or drinks Guests’ property, liability for loss or injury 19.48.030, 19.48.070 Liability for loss or injury of guests’ property 19.48.030, 19.48.070 Lien on property of guests, See LIENS, subtitle Inn keepers Record of guests 19.48.020 Sports franchises, restrictions on special tax revenue 67.28.184, 67.40.110 State convention and trade center Seattle, King county Ch. 67.40 Tax for stadiums, convention centers, and arts facilities 67.28.180, 67.28.181, 67.28.1801 Tax for stadiums and convention centers homeless lodging exempt 67.28.183, 67.40.105 Unclaimed property, storage, disposal 19.48.070 Unlawful occupant conducting 59.12.040 HOURS, OFFICE Cities and towns 35.21.175 Counties 36.16.100 HOURS OF LABOR City and town employees, generally 49.28.010, 49.28.040 County employees, generally 49.28.010, 49.28.040 Domestic employees 49.28.080 Eight hour day 1889 Act generally 49.28.010 1903 Act contracts [RCW Index—page 357] HOUSE OF REPRESENTATIVES cancellation for violations 49.28.050 stipulation in 49.28.060 policy 49.28.040 Health care facility employees 49.28.130, 49.28.140, 49.28.150 Longshoremen 49.28.100 Minimum wages, generally Ch. 49.46 Motor freight carrier employees 81.80.211 Public works, ten hour day 49.28.065 State employees, generally 49.28.010, 49.28.040 Street railway employees 81.64.160 Voting time to be provided 49.28.120 Wages for, See SALARIES AND WAGES HOUSE OF REPRESENTATIVES (See LEGISLATURE, subtitle House of representatives) HOUSEHOLD WASTE Deduction and recycling 70.95.600 HOUSES (See HOUSING) HOUSING (See also JOINT CITY-COUNTY HOUSING AUTHORITIES) Accessory apartments 35.63.210, 36.70.677, 36.70A.400 incorporation of report recommendations into local government development and zoning regulations 43.63A.215 optional municipal code cities required to comply with law regarding development and placement of 35A.63.230 report to legislature on development and placement of accessory apartments 43.63A.215 Affordable housing accessory apartments 35.63.210, 36.70.677, 36.70A.400 definitions 43.185A.010 department of corrections unneeded real property, inventory 72.09.055 discrimination against developments 36.130.005, 36.130.010, 36.130.020 incentive programs low-income units 36.70A.540 inventory of department of transportation real property suitable for 47.12.064 inventory of municipal property suitable for low-income housing 35.21.687 inventory of state-owned land available for lease as sites 43.63A.510 lease of county property for 36.34.135 purpose, administration 43.185A.020 regulatory barriers, provision of technical assistance and information to state agencies and local governments to identify and remove 43.63A.660 state agencies, inventory of unneeded property suitable for 43.19.19201, 43.20A.037 Affordable housing program activities eligible for assistance 43.185A.030 affordable housing and community facilities rapid response loan program 43.185A.120 conflict with federal requirements 43.185A.902 eligible organizations 43.185A.040 grant and loan application process 43.185A.050, 43.185A.090 land acquisition revolving loan fund program 43.185A.110 monitoring of recipient activities 43.185A.070 protection of state interest 43.185A.060 review of reporting requirements 43.185A.100 rules promulgation 43.185A.080 Broker’s trust account board grants and loans applications 43.185.074 review of 43.185.076 Building code, state emergency exemptions for housing for indigent persons 19.27.042 Cities and towns, See CITIES AND TOWNS, subtitle Housing authorities law; CITIES [RCW Index—page 358] AND TOWNS, subtitle Housing cooperation law Community, trade, and economic development, department of affordable housing regulatory barriers, provision of technical assistance and information to state agencies and local governments to identify and remove 43.63A.660 departmental responsibilities 43.330.110 duties 43.63A.650 statewide housing market analysis 43.330.170 Condemned or unlawful to occupy dwelling rental, tenant’s remedies 59.18.085 Contaminated properties decontamination, disposal, or demolition of certification, conditions 64.44.060 city or county action, options 64.44.040 decontamination account 64.44.060 decontamination by owner 64.44.050 definitions 64.44.010 immunity from civil liability 64.44.080 local health officer, duties 64.44.020 report to local health officer 64.44.020 rules and standards 64.44.070 unfit for use order, issuance procedure 64.44.030 Counties, comprehensive plans, elements of 36.70.350 Emergency housing programs 43.63A.645 Factory built housing and commercial structures approval of department of labor and industries required 43.22.455 compliance with laws, ordinances or regulations 43.22.455 definitions 43.22.450 delegation of inspection duties to local agencies 43.22.470 fee schedule 43.22.480 financing, mutual savings bank 32.20.460 housing built according to another state’s standards, when acceptable 43.22.485 injunctions 43.22.465 local zoning requirements retained 43.22.460 modification, approval required 43.22.455 penalty for violations 43.22.490 rules 43.22.480 Farmworker housing advisory group 43.330.165 construction manuals and plans, to develop and make available 43.63A.500 one-stop clearinghouse 43.63A.505 proposal review and funding recommendations 43.330.165 Federally assisted, preservation application of chapter 59.28.030 definitions 59.28.020 eviction 59.28.070, 59.28.130 expiration or prepayment of assisted contract, mortgage, or loan, owner’s duty to give notice 59.28.040 legislative findings and purpose 59.28.010 notice of expiration or prepayment, contents 59.28.060 regulatory powers of agencies not increased 59.28.050 rent increases after notice of expiration or repayment given, restrictions on 59.28.080 rental agreement modifications after notice of expiration or prepayment given, restrictions on 59.28.090 technical assistance 59.28.120 termination of prepayment of contract, mortgage, or loan, owner’s rights 59.28.050 violations, civil action as remedy, parties 59.28.100 Governmental projects, county property, transfer to state or United States 36.34.250, 36.34.260 Handicapped persons optional municipal code city may not treat a residence occupied by persons with handicaps differently than any similar residence 35A.63.240 Homeless persons families with children, shelter and housing services 43.20A.790 housing and assistance Ch. 43.185C Home-matching program 43.63A.670, 43.63A.680 Housing authorities law, See HOUSING AUTHORITY Housing cooperation law, See HOUSING COOPERATION LAW Housing finance commission, See HOUSING FINANCE COMMISSION Housing policy affordable housing advisory board 43.185B.020 duties 43.185B.030 definitions 43.185B.010 goal 43.185B.007 housing advisory plan preparation and reporting requirements 43.185B.040 legislative findings and purpose 43.185B.005 objectives 43.185B.009 Indigent persons housing emergency exemptions from state building code 19.27.042 Indoor air quality interim and final requirements for maintenance 19.27.190 Low cost, mutual savings bank financing 32.20.450, 32.20.460 Low income, See CITIES AND TOWNS, subtitle Housing authorities law Low income, See CITIES AND TOWNS, subtitle Urban renewal Low-income cities and towns loans and grants 35.21.685 counties loans and grants 36.32.415 Low-income housing grants and loans 43.185.074, 43.185.076 Manufactured/mobile home landlord-tenant act Ch. 59.20 Mortgage financing program 43.180.220, 43.180.230, 43.180.240 Multi-unit dwellings in urban centers, property tax exemption qualification and procedure Ch. 84.14 Permits for facilities certain conditional or special use permits, mediation prior to appeal 36.70.678 Public housing projects drug-free zones, violations and penalties 69.50.435 Relocation assistance for low-income tenants authorization for certain cities, towns, counties, and municipal corporations to require 59.18.440 payments not considered income, eligibility for public assistance unaffected 59.18.450 Residential mortgage loan closing valuation disclosure requirements Ch. 19.149 Residential real property seller’s disclosures, requirements Ch. 64.06 Residential structures occupied by persons with handicaps, treatment of 35.63.220, 36.70.990, 36.70A.410 Rural housing projects 35.82.240, 35.82.250, 35.82.260 Smart homeownership choices program 43.320.160, 43.320.165, 43.320.170 Temporary worker housing definition 43.70.334 department of labor and industries’ duties 49.17.300 health and safety regulation Ch. 70.114A inspection fund, deposit of fees 43.70.340 licensing, operation, and inspection 49.17.310 operation standards 49.17.320 Weatherization of low-income residences (2008 Ed.) HUMAN RIGHTS COMMISSION compliance with laws and rules 70.164.050 definitions 70.164.020 energy assessment required 70.164.050 leased or rented residences, limits 70.164.060 legislative findings 70.164.010 low-income weatherization assistance account 70.164.030, 70.164.070 payments to account, treated as energy conservation 70.164.070 proposals by sponsors, matching funds 70.164.040 Youth, independent housing program 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315 Youthbuild program, See YOUTHBUILD PROGRAM HOUSING AUTHORITY (See also JOINT CITY-COUNTY HOUSING AUTHORITIES) Background investigations of prospective employees definitions, records 43.43.830 Bond issues certification by attorney general 35.82.160 covenants and pledges of 35.82.150 form and sale 35.82.140 housing authority power in regard to 35.82.150 issuance authority 35.82.130 obligee’s remedies 35.82.170, 35.82.180 Commissioners appointment and powers 35.82.040, 35.82.045 conflicts of interest 35.82.050 removal 35.82.060 Cooperation by cities Ch. 35.83 Cooperation with other authorities 35.82.100 Counties advance to authorized 35.83.050 juveniles released from state institutions and developmentally disabled authority to operate group homes or halfway houses 35.82.285 rural housing projects 35.82.240 Creation by city resolution 35.82.030 Deactivation 35.82.320, 35.82.325 Declaration of necessity 35.82.010 Definitions 35.82.020 Drug-free zones in public housing projects, violations and penalties 69.50.435 Farms and farmers, low income definitions 35.82.260 housing application by farmers 35.82.250 rural housing projects 35.82.240 Federal government aid, authority to receive 35.82.200 Findings 35.82.010 Planning, zoning, and building laws, housing projects subject to 35.82.120 Powers enumeration 35.82.070 Powers of eminent domain 35.82.110 Property exemptions assessments and taxation 35.82.210 levy and sale by execution 35.82.190 Rentals and tenant selection 35.82.090 Rents and profits, policy statement 35.82.080 Reports 35.82.230 Supplemental projects 35.82.280 HOUSING COOPERATION Advances to housing authorities 35.83.050 Declaration of necessity 35.83.010 Definitions 35.83.020 Findings 35.83.010 How accomplished, generally 35.83.030 Procedure, resolutions of legislative body 35.83.060 Taxation of housing authorities, payments in lieu of 35.83.040 HOUSING FINANCE COMMISSION Audit, annual audit by state auditor 43.180.050 Beginning farmer financing program 43.180.290 (2008 Ed.) Bond counsel, selection of 43.180.090 Bond issues disposition of proceeds 43.180.170 disposition of revenues 43.180.180 legal investments 43.180.190 terms, issuance 43.180.150 Bond proceeds to be made available in an equitable manner 43.180.120 Bondholders protection of 43.180.130 Bonds not debt of state 43.180.030 Created 43.180.040 Debt limitation 43.180.160 Declaration of public policies 43.180.010 Definitions 43.180.020 Eminent domain, not within authority 43.180.060 Energy efficiency financing assistance rule adoption 43.180.140 Internal revenue code 43.180.200 Judgment claim procedure exemption 4.92.040 Legislative review of initial policies 43.180.110 Membership 43.180.040 Mortgage financing flexible loan underwriting guidelines 43.180.220 program elements 43.180.230 report to legislature 43.180.240 state investment in mortgage-backed securities 43.180.220 Mortgage insurance 43.180.130 Mortgagors equitable and fair manner of availability 43.180.120 Nonprofit corporation facilities commission powers 43.180.310 default 43.180.360 definitions 43.180.300 lessees and assignees, liability of 43.180.350 revenue bonds 43.180.320 revenue refunding bonds 43.180.330 trust agreements 43.180.340 Plan of housing finance objectives 43.180.070 Powers 43.180.050, 43.180.060, 43.180.080 Rule adoption 43.180.110 Taxation, not within authority 43.180.060 Underwriters, selection of 43.180.100 Veterans homeownership downpayment assistance program 43.180.250 HOUSING TRUST FUND Affordable housing advisory board 43.185.110 Application, procedure 43.185.070, 43.185.130 Compliance monitoring 43.185.090 Conflict with federal requirements 43.185.910 Definitions 43.185.020 Eligible organizations 43.185.060 Findings 43.185.010 Housing assistance program Ch. 43.185 Loans or grants 43.185.050 Low-income housing grants and loans 43.185.074, 43.185.076 Preconstruction technical assistance 43.185.080 Protection of state’s interest 43.185.120 Rule-making authority 43.185.100 Washington housing trust fund created 43.185.030 HUCKLEBERRY Specialized forest products general provisions Ch. 76.48 HUMAN GROWTH HORMONES (See STEROIDS) HUMAN IMMUNODEFICIENCY VIRUS (See AIDS) HUMAN REMAINS (See also CEMETERIES; CORONERS; FUNERAL DIRECTORS AND EMBALMERS) Anatomical gift statement on driver’s license 46.20.113 Anatomical gifts 68.50.500 Anatomical inquiry or instruction, use of remains 68.50.060, 68.50.070, 68.50.080, 68.50.090 Autopsies and post mortems analyses and opinions 68.50.106 authorization 68.50.101 cost 68.50.104 court petition 68.50.102 embalming and cremating body, consent 68.50.108 immunity for determining cause of death 68.50.015 industrial deaths 68.50.103 infants 68.50.100 insurance company’s right disability insurance 48.20.132 group disability insurance 48.21.100 jurisdiction of coroner 68.50.010 reports and records 68.50.105 time limitation 68.50.108 Burial or cremation authorization 68.50.170 time factor 68.50.110 Burial or cremation, See BURIAL AND INTERMENT Concealment or removal, penalty 68.50.050 Corneal transplant tissue presumption of good faith 68.50.290 Coroners jurisdiction 68.50.010 Counties, disposal of remains 36.39.030 Cremated remains, possession 68.50.270 Cremation, See CREMATION Crimes holding body for debt 68.50.120 sexual violation 9A.44.105 unlawful disposal 68.50.130 unlawful disturbance, removal, or sale of 68.50.140 Death certificates, See VITAL STATISTICS, subtitle Death certificates Definitions relating to cemeteries, morgues, and human remains Ch. 68.04 Dental identification system 68.50.310, 68.50.330 Disposition by counties 36.39.030 liability for cost 68.50.160 right to control disposition 68.50.160 undisposed remains 68.50.230 unlawful, penalty 68.50.130 Dissection 68.50.070, 68.50.100 Donation anatomical gift statement on driver’s license 46.20.113 Funerals, See FUNERALS Holding for debt, penalty 68.50.120 Indigent persons, disposal by county 36.39.030 Indigents, disposition of body by county coroner 36.24.155 Insurance, disability, autopsy of insured 48.20.132 Missing persons 68.50.320 Notification of coroner 68.50.020 Personal effects, listing 68.50.040 Recordkeeping requirements 68.50.240 Removal, procedure 68.50.200, 68.50.210, 68.50.220 Skeletal remains duty to notify 27.44.055, 68.50.645, 68.60.055 Transportation at direction of coroner or medical examiner, costs 68.50.032 Undisposed remains 68.50.230 HUMAN RIGHTS COMMISSION (See also DISCRIMINATION) Administrative law judge assignment 34.12.037 [RCW Index—page 359] HUMANE SOCIETIES Advisory agencies or councils, authority to create 49.60.130 Affirmative action discrimination prohibited 49.60.400 legislative findings, purpose 49.74.005 noncompliance conciliation, order issued 49.74.030 failure to reach conciliation, procedure 49.74.040 procedure 49.74.020 superior court, remedies 49.74.050 personnel resources board 41.06.150 state patrol 43.43.015, 43.43.340 AIDS, HIV, unfair practices 49.60.172, 49.60.174 Appeals from orders 49.60.270, 49.60.280 Board redesignated commission 49.60.051 Civil rights enumerated 49.60.030 Compensation and travel expenses 49.60.070 Complaints investigation 49.60.240 procedure to eliminate unfair practice 49.60.240 time limitation on filing 49.60.230 who may file 49.60.230 Created 49.60.050 Definitions 49.60.040 Disabled drivers refueling services 49.60.360 Discrimination policy of state declared 49.60.010 remedies 49.60.020 Dog guides and service animals, commission duties 49.60.390 Hearings appeals from orders 49.60.270, 49.60.280 authority 49.60.140 enforcement of orders 49.60.260 subpoena power 49.60.160 unfair practice complaint 49.60.250 witnesses fees 49.60.170 may be compelled 49.60.150 Hepatitis C, unfair practices 49.60.174 Interference with commission, misdemeanor 49.60.310 Membership of commission 49.60.060 Offices to be in Olympia 49.60.090 Official seal to be adopted 49.60.080 Orders against state or subdivision, governor to secure compliance 49.60.320 Policies and recommendations, commission authority 49.60.110 Powers and duties 49.60.120 Refueling services for disabled drivers 49.60.360 Reports 49.60.100 Unfair practices age discrimination 49.60.205 aiding violations 49.60.220 blockbusting 49.60.223 conciliation agreements 49.60.240 credit transactions 49.60.176 employment 49.60.180 employment agencies 49.60.200 enforcement of orders 49.60.260 financial institutions 49.60.175 insurance transactions 49.60.178 labor unions 49.60.190 persons opposing unfair practices, discrimination against 49.60.210 public places 49.60.215 real estate rights, coercion or threats regarding 49.60.2235 real estate transactions 49.60.222 civil action in lieu of hearing 49.60.340 temporary or preliminary relief 49.60.350 real property civil penalty 49.60.225 cooperation at local level 49.60.226 restrictive covenants prohibited 49.60.224 HUMANE SOCIETIES Abandoned animals, procedures Ch. 16.54 [RCW Index—page 360] Enforcement authority and duties 16.52.020 Low-income households services 18.92.250, 18.92.260 Members as animal control officers 16.52.025 Prescription drugs, possession and use 69.41.080 Sodium pentobarbital use, registration 69.50.310 HUNG JURY Generally 4.44.330 HUNTING Auctions authorization, procedure 77.32.530 Bag limits 77.12.150 Big game hunting license 77.32.450 Canada goose 77.12.722 Contests permits 77.65.490 Contests, limitations 77.32.525, 77.32.540 Crimes and penalties, generally Ch. 77.15 Disabled hunter permits 77.32.237, 77.32.238 advisory committee 77.04.150 Eastern Washington pheasant enhancement program 77.12.790 Enforcement Ch. 77.12 Enforcement code Ch. 77.15 Field trials for dogs permits 77.65.480 Field trials for dogs, limitations 77.32.525, 77.32.540 Hunter education training program 77.32.155 Indians, hunting rights, when excluded from state jurisdiction 37.12.060 Injuries on outdoor recreational land, limitation on liability of landowner 4.24.200, 4.24.210 Juveniles pheasant hunting opportunities 77.12.800 Licenses application, information required 77.32.070 big game 77.32.450 duplicate licenses, rebates, permits, tags, and stamps 77.32.256 fees 77.65.480 collection, payment 77.32.050 issuance authorized issuers, fee collection and payment 77.32.050 nontransferable 77.32.250 reduced rate licenses, criteria 77.32.480 requirements 77.32.010 requirements, reports 77.65.500 revocation for support order noncompliance 77.32.014 rules for form, display, procedures 77.32.090 small game 77.32.460 supplemental licenses, permits, and stamps 77.32.350 Migratory bird stamp 77.32.350 Minors, hunter education training program 77.32.155 Permits application, information required 77.32.070 contests 77.65.490 field trials for dogs 77.65.480, 77.65.490 hunters with disabilities 77.32.237, 77.32.238 issuance authorized issuers, fee collection, and payment 77.32.050 revocation for support order noncompliance 77.32.014 special season permit, fee 77.32.370 Pheasant or migratory bird permit or stamp 77.32.350 Pheasants eastern Washington pheasant enhancement account, funding 77.12.810 eastern Washington pheasant enhancement account, use 77.12.820 eastern Washington pheasant enhancement program 77.12.790 juvenile hunting opportunities 77.12.800 Raffles authorization, procedure 77.32.530 private lands, authorization and procedure 77.32.535 raffle tickets, issuance 77.32.050 Regulation Ch. 77.12 Seasons 77.12.150 Small game hunting license 77.32.460 Special hunting season definition 77.32.007 Special hunts wildlife damage control 77.12.150, 77.36.020 Special season permit, fee 77.32.370 Special seasons 77.12.150 Terminally ill persons, hunting opportunities 77.32.565 Transport tag required, exceptions 77.32.320 Trapping, See WILDLIFE, subtitle Trapping Turkey tags 77.32.460 University of Washington lands 28B.20.328 Vehicle use on department improved access facility, fee 77.32.380 Veterans reduced rate licenses, criteria 77.32.480 Violations authority of wildlife agents, procedures Ch. 77.12 crimes and penalties, generally Ch. 77.15 Washington State University lands 28B.30.325 Wildlife account 77.12.170 Wildlife agents license authenticity powers 77.32.250 Wildlife agents, powers and duties Ch. 77.12 Wildlife damage special hunts to reduce potential 77.36.020 trapping or killing wildlife causing damage, limitations and conditions 77.36.030 Wildlife raffles 9.46.400 Wildlife violator compact Ch. 77.75 HUSBAND AND WIFE Actions and suits capacity to sue and be sued 26.16.150 between husband and wife 26.16.180 Actions between property rights 26.16.180 Agreements as to community property 26.16.120 Bank account deposits 30.22.080 Children custody and control 26.16.125 death of father 26.16.125 dissolution of marriage, provision for child support, custody, and visitation 26.09.050 earnings equality of right to 26.16.125 separate property of custodial parent 26.16.140 stepchildren, liability of stepparent 26.16.205 support and education, joint liability 26.16.205 Civil disabilities of wife abolished 26.16.160 Community property agreements between husband and wife 26.16.120 deeds and conveyances power of attorney to husband or wife 26.16.090 power of attorney to husband or wife to third person 26.16.090 purchaser’s title and rights 26.16.095 real property between husband and wife 26.16.050 joinder of spouse 26.16.030 recording of claim by husband or wife 26.16.100 effect of failure 26.16.100 removal as cloud 26.16.110 defined 26.16.030 descent and distribution 11.04.015 personal property control and powers 26.16.030 disposal by will, limitation on spouse 26.16.030 prenuptial debts, liability 26.16.200 (2008 Ed.) ILLNESS real property control and management 26.16.030 deeds and conveyances between husband and wife 26.16.050 execution sales 26.16.040 liens 26.16.040 purchaser’s title and rights 26.16.095, 26.16.100 recording claim to by husband or wife 26.16.100 removal as cloud 26.16.110 sale or encumbrance, spouse must join 26.16.030 release of claim powers of attorney to effectuate 26.16.090 shares transfer to surviving spouse or domestic partner, requirements, corporate liability 11.02.120 testamentary disposition limitation on spouse 26.16.030 Community property, See also COMMUNITY PROPERTY Contracts agreements 26.16.120 husband’s separate property 26.16.010 wife’s separate property 26.16.020 Coverture abolished 26.16.160 Debts antenuptial, liability 26.16.200 child support, liability 26.16.200 community debt, judgment lien 26.16.040 husband’s separate property 26.16.010 prenuptial debts, liability 26.16.200 separate debts, liability 26.16.200 wife’s separate property 26.16.020 Deeds and conveyances community property conversion to separate property 26.16.050 between husband and wife 26.16.050 joinder of spouse 26.16.030 power of attorney to husband or wife 26.16.090 power of attorney to third person 26.16.090 purchaser’s title and rights 26.16.095, 26.16.100 recording of claim by husband or wife 26.16.100 real property, between husband and wife, validation of previous transfers 26.16.050 Desertion and nonsupport, See also DESERTION AND NONSUPPORT Dissolution of marriage, See DISSOLUTION OF MARRIAGE Domestic violence, see DOMESTIC VIOLENCE Family abandonment and nonsupport Ch. 26.20 Insurance, application for 48.18.060 group policies, assignments 48.18.375 Legal separation, See LEGAL SEPARATION Liabilities antenuptial debts 26.16.200 each spouse’s separate property exempt from other spouse’s liability 6.15.040 family expenses and education of children, joint liability, liability for stepchildren 26.16.205 separate debts 26.16.200 torts, liability of spouse 26.16.190 wife’s separate property exempt from husband’s liability 6.15.040 Power of attorney between husband and wife as to property community property, deeds, mortgages, leases, encumbrances 26.16.090 control and management 26.16.060 separate property 26.16.070 execution of deed, conveyance, lease, encumbrance 26.16.080 Power of attorney to third person to encumber or convey community property 26.16.090 separate property 26.16.090 (2008 Ed.) Property agreements, community property 26.16.120 Protection orders issued in conjunction with temporary maintenance or support motions 26.09.060 Separate earnings of wife minor children living separate with her 26.16.140 Separate property descent and distribution, real and personal property 11.04.015 earnings 26.16.140 husband’s deed of wife’s community realty to husband 26.16.050 generally 26.16.010 personal exemption as 6.15.040 power of attorney to third person to encumber or convey 26.16.090 power of attorney to wife to encumber or convey 26.16.070 income of separated spouses 26.16.140 wife’s deed of husband’s community realty to wife 26.16.050 generally 26.16.020 personal exemption, as 6.15.040 power of attorney to husband to encumber or convey 26.16.070 power of attorney to third person to encumber or convey 26.16.090 right to acquire, hold and dispose of 26.16.150 Spousal maintenance, provision for in dissolution of marriage, legal separation, or declaration of invalidity 26.09.050 Support, See HUSBAND AND WIFE, subtitle Desertion and nonsupport Torts, liability of spouse 26.16.190 Transfers good faith, proof 26.16.210 Transfers, See HUSBAND AND WIFE, subtitle Deeds and conveyances Wage assignment, consent necessary 49.48.100 HYDRAULIC PROJECTS Appeals board 77.55.301, 77.55.311 Aquatic noxious weed removal rules and pamphlet 77.55.081 Bulkheads or rockwalls 77.55.141 Columbia river anadromous fish sanctuary 77.55.191 Definitions 77.55.011 Derelict fishing gear, exception 77.55.041 Dike vegetation management guidelines 77.55.131 Driving across established ford 77.55.031 Environmental excellence program agreements 77.55.101 Fish habitat enhancement projects 77.55.181 Fishways on agricultural drainage facilities, exception 77.55.281 Flood damage brochure, prevention and reduction projects 77.55.211 repair and reduction activities 77.55.221 Habitat incentives program 77.55.111, 77.55.121 Hazardous substance remedial action, exception 77.55.061 Landscape management plan 77.55.201 Marina or marina terminal 77.55.151 Permit required 77.55.021 Permits conditions imposed upon 77.55.231 mitigation plan review 77.55.251 Off-site mitigation 77.55.241 Secure community transition facilities, exception 77.55.071 Sediment dredging or capping actions 77.55.271 Small scale prospecting and mining 77.55.091 Spartina/purple loosestrife, exception 77.55.051 Storm water discharges 77.55.161 Violations, civil penalty 77.55.291 Watershed restoration projects 77.55.171 Woody debris, placement 77.55.261 HYDROELECTRIC GENERATION DEVELOPMENT (See IRRIGATION DISTRICTS) HYDROELECTRIC POWER DAMS (See POWER FACILITIES AND RESOURCES) HYDROSTATIC TESTS Boilers and pressure vessels 70.79.270 HYPNOTHERAPY (See COUNSELORS) HYPODERMIC SYRINGES, NEEDLES Retailer’s duty to determine sale legality 70.115.050, 70.115.060 IDAHO Coastal ecosystems compact and agreements Ch. 77.75 Pacific marine fisheries compact Ch. 77.75 Pacific Northwest economic region cooperative activities encouraged 43.147.030 findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 terms of agreement 43.147.010 Reciprocity, tuition and fee program program review 28B.15.754 reimbursement 28B.15.752 waiver of nonresident tuition fees differential 28B.15.750 School district running start program cooperative agreements with Oregon and Idaho community colleges 28A.600.385 Wildlife cooperative agreements Snake river Ch. 77.75 IDENTIFICATION (See IDENTITY; STATE PATROL, subtitle Identification and criminal history section) IDENTITY Brands and marks, See BRANDS AND MARKS Credit cards used as check cashing identification card number not to be recorded 62A.3-512 Criminals, See STATE PATROL, subtitle Identification and criminal history section Identicards biometric matching system 46.20.037, 46.20.038 issuance and fees 46.20.117 proof of identity required for issuance 46.20.035 Identification cards 19.192.010, 19.192.020 Identification documents enhanced drivers’ licenses and enhanced identicards, crimes regarding Ch. 9A.58 Labels, See LABELS Possession of another’s identification penalties 9A.56.330 Theft defined, penalties 9.35.020 electronic communication devices 19.300.010, 19.300.020 fair credit reporting Ch. 19.182 financial fraud and identity theft crimes investigation and prosecution program 43.330.300 Identity theft to improperly access financial information 9.35.010 incident reports 9.35.050 information available to victim 9.35.040 IGNITION INTERLOCKS (See DRIVING UNDER THE INFLUENCE) ILLNESS (See also DISEASES) Jurors [RCW Index—page 361] IMITATION discharge of jury without verdict because of 4.44.330 Trials priority for aged or ill parties in setting cases for trial 4.44.025 IMITATION Brands and marks, penalty 9.16.020 IMMIGRATION Aliens committed to state institutions, duty to notify immigration authorities 10.70.140 Bureau of statistics, agriculture and immigration 43.07.050 legislature to provide for Const. Art. 2 § 34 Family relationships proceedings for determination of presumptions 5.44.140 Immigration agent 43.07.110 Immigration assistants Ch. 19.154 Public assistance eligibility of immigrants 74.08A.100, 74.08A.110, 74.08A.120 naturalization facilitation 74.08A.130 IMMIGRATION ASSISTANTS Change of address, notification requirements 19.154.050 Contract requirements, right to rescind 19.154.070 Definitions 19.154.020 Exemptions 19.154.030 Nonlegal assistance permitted 19.154.060 Prohibited activities 19.154.080 Registration required 19.154.040 Violations penalties 19.154.100 unfair and deceptive acts 19.154.090 IMMUNITY (See also BAR TO PROSECUTION; PUBLIC OFFICERS AND EMPLOYEES, subtitle Disclosure—Improper governmental action; SELF-INCRIMINATION) Acupuncturists immunity from prosecution 4.24.240 Agriculture, department of 15.49.420 Aiding police officer or other officer of the law, limitation 9.01.055 Amber alerts radio and television broadcasting 4.24.720 Animals, destruction by law enforcement officer 16.52.210 Apple commission 15.24.190 Architects emergency worker exemption from liability for architect acting as volunteer 38.52.1951 Beef commission 16.67.160 Blood, tissue, organs, use, etc., immunities from implied warranty and civil liability, extent 70.54.120 Boat registration law, immunity of licensing department and state 88.02.200 Boating accidents, persons rendering assistance 79A.60.200 Bovine handling activities 4.24.740 Boxing, martial arts, and wrestling licensing director, immunity from liability 67.08.300 Bribery, witness not excused on ground of selfincrimination 9.18.080 Bribery action, witnesses not excused on ground of self-incrimination 9.18.080 Building wardens 4.24.400 Cancer registry, statewide program immunity from liability for providing required information 70.54.260 Cemetery board members 68.05.290 Child abuse reporters 26.44.060 Child custody, persons other than parents 13.32A.070 Child mortality review by local health department 70.05.170 Children [RCW Index—page 362] donors and distributors of items to children 70.200.020 construction of chapter 70.200.030 definitions 70.200.010 Collection agency board members 19.16.330 Community placement limited liability 72.09.320 Community public health and safety networks 70.190.190 Commuter ride-sharing vehicles, operator and driver limited immunity 46.74.030 Contaminated properties decontamination, disposal, or demolition of 64.44.080 Cooperative associations 23.86.030, 23.86.050 Coroners and medical examiners 68.50.015 Court reporter certification immunity of director and individuals acting in the course of duties 18.145.070 Criminal investigations grand jury 10.27.130 special inquiry judge 10.27.130 Criminal justice agencies release of sex offender criminal history information 10.97.050 Dairy products commission 15.44.150 Defibrillators, immunity for users 70.54.310 Dentists disciplinary board members 4.24.240 Department of corrections release of information regarding sexual offenders 9.94A.843 Disciplinary boards, medical and dental disciplinary board members, in performance of their duties 4.24.240 Dog handler using police or accelerant detection dog in line of duty 4.24.410 Domestic violence immunity for arresting officer 26.09.300, 26.50.140 Domestic violence arrests 10.31.100 Donors and distributors of items to children 70.200.020 construction of chapter 70.200.030 definitions 70.200.010 Electors privileged from arrest Const. Art. 6 § 5 Electrical utilities civil immunity for good faith mistakes 35.21.415 Electronic monitoring 4.24.545 Emergency care or medical care immunity of doctors and hospitals 18.71.220 persons rendering 4.24.300 Emergency communications systems and information immunity from civil liability for businesses, companies, and individuals 38.52.550 Emergency management employees, volunteers 38.52.080, 38.52.180 Emergency medical services and trauma care system prehospital trauma care providers conditions and limitations 70.168.140 Emergency medical services program directors 18.71.215 Emergency workers architect or engineer exempt from liability when serving as volunteer 38.52.1951 Employers disclosure of employee information 4.24.730 Engineers emergency worker exemption from liability for engineer acting as volunteer 38.52.1951 Equal to all citizens and corporations Const. Art. 1 § 12 Equine activities limitation on liability for injuries arising from 4.24.530 exceptions 4.24.540 Financial institutions, department of department personnel immune from liability for acts done in good faith in the performance of departmental duties 43.320.070 Fruit commission 15.28.130 Gambling commission, members, employees 9.46.095 Good faith reports to government agencies legislative findings and purpose 4.24.500 when agency or attorney general may defend, recovery of costs and fees 4.24.520 Good faith reports to government agencies or self-regulatory organizations scope of immunity 4.24.510 Government officials or members 4.24.470 Habeas corpus, public officers and employees obeying writ or order 7.36.180 Hazardous materials emergency response, planning committee 4.24.480 Hazardous materials incidents emergency aid good faith rendering immunity from liability 70.136.050 Health care practitioners, professional review activities 4.24.250 Health care provider provision of care to minor based only on lack of consent conditions 26.09.310 Health care providers, disciplinary hearings 4.24.250 Health personnel, facilities, physicians child abuse reporters 26.44.060 withholding of life-sustaining treatment 70.122.060 withholding or withdrawal of life-sustaining treatment 70.122.051 Health professions unprofessional conduct complaints, immunity of complainants 18.130.080 Health professions disciplinary authorities 18.130.300 Hospitals rendering emergency care 18.71.220 Hostage situation, telephone service disruption, company’s immunity from liability 70.85.120 Imprisonment for debt prohibited, exception Const. Art. 1 § 17 Indeterminate sentence review board release of information regarding sexual offenders 9.95.140 Information sharing, court ordered supervision or treatment mental illness, alcohol and drug addiction 4.24.558 Insurance, liability for content of requested filings 48.01.190 Insurance commissioner, notice of cancellation 48.30.330, 48.44.270 Insurance examinations, civil actions arising from the conduct of civil immunity and indemnification protections for commissioner, commissioner’s representatives, examiners, and good faith providers of information 48.03.075 Insurance fraud reporting immunity act Ch. 48.50 Insurers, delinquency proceedings against immunity from suit and liability, persons entitled to protection 48.31.115 Irrevocable grant of, prohibited Const. Art. 1 § 8 Irrigation districts 87.03.139 assumption of substandard water systems, limited immunity from liability 87.03.860 good faith performance of duties 87.03.138 Jail industries program board of directors 36.110.085 Jeopardy, no person to be twice put in Const. Art. 1§9 Joint operating agencies executive board 43.52.374 Kidnapping offenders release of information regarding (2008 Ed.) IMPOUNDING public agencies and officials, authorization and immunity 4.24.550 Landowners allowing land to be used for fish or wildlife cooperative project or solid waste cleanup not liable for unintentional injuries to volunteers or other users 4.24.210 Law enforcement officer domestic violence arrests 10.31.100, 26.09.300, 26.50.140 releasing child to person other than parent 13.32A.070 response to secure community transition facility 4.24.551 Legislative members Const. Art. 2 § 16 Liabilities flood control, counties 86.12.037 health care providers who withdraw blood for implied consent law 46.61.508 persons rendering emergency care, medical care, or transportation 4.24.300 Local government self-insurance authority immunity for disclosure of information required by state risk manager or state auditor 48.62.171 Local health departments child mortality review 70.05.170 Members of legislature privileged from arrest, exceptions Const. Art. 2 § 16 Militia, liability of state for federal activities 38.40.025 Militia personnel, immunity from arrest 38.32.030 Militia privileged from arrest Const. Art. 10 § 5 Money laundering government officers, release from liability when engaged in lawful performance of duties 9A.83.040 Motion picture projectionists, employees, exhibition of obscene films 7.48.100 Motor vehicle licenses, nonroadworthy vehicles, state immune 46.16.012 Nonprofit miscellaneous and mutual corporations 24.06.035 Noxious weed control boards 17.10.134 Nursing homes, state hospital patients, abuse, reports of 70.124.060 Osteopaths and surgeons review committee or board members 4.24.240 Peer review committees of colleges and universities 28B.10.648 Perjury, immunity from prosecution not applied to perjury committed in self-incriminating testimony 10.52.090 Persons licensed to provide health care or related services, employees, hospitals, clinics, etc. professional review committee, society, examining, licensing or disciplinary board members, in performance of their duties 4.24.240 Persons rendering emergency care, medical care, or transportation definitions 4.24.310 immunity from liability for certain persons 4.24.300 Pharmacists review committee or board members 4.24.240 Physicians child abuse reporters 26.44.060 emergency care 18.71.220 seat belts, verification of inability to wear 4.24.235 withholding of life-sustaining treatment physician’s responsibility 70.122.060 Physicians and surgeons medical disciplinary board members 4.24.240 unprofessional conduct reports 18.71.0195 Pistols agencies and officials, immunity from liability for good faith acts 9.41.0975 Poison information center personnel 18.76.070, 18.76.080 Public utility districts (2008 Ed.) assumption of substandard water system, limited immunity 54.16.320 good faith mistakes and errors of judgment 54.12.110 Radioactive waste transportation and disposal permit holder to indemnify and hold harmless the state 43.200.210 Real estate appraiser licensure and certification director, board, and individuals in the course of duties 18.140.040 Reports by professionals of abuse of dependent adults 74.34.050 Respiratory care practitioner administrators and ad hoc committee 18.89.080 Review committee or board, pharmaceutical society members, in performance of duties related to 4.24.240 Riparian and upland areas left unharvested for benefit of public resources landowner immunity from civil liability for damages resulting from trees being left 76.09.330 Schools administration of oral medicine 28A.210.270 harassment, intimidation, and bullying prevention policy 28A.600.480 Securities transfer on death security registration protection for registering entity, discharge from claims to security by estate, creditors, heirs, or devisees, requirements 21.35.040 Sex offenders release of information regarding public agencies and officials authorization and immunity 4.24.550 Sexual offender treatment providers advisory committee, immunity from liability 18.155.060 Special grant of prohibited Const. Art. 1 § 12 State patrol officers off-duty law enforcement employment immunity of state for liability, notice 4.92.175 Strip, body cavity searches search delayed, nonliability of government for damage 10.79.170 Supplemental proceedings parties 6.32.200 witnesses 6.32.200 Timeshares good faith acts 64.36.160 Travel business, enforcement of chapter 19.138.200 Tree fruit research commission 15.26.240 Twice in jeopardy, accused not to be put Const. Art. 1 § 9 Vaccine repository, fee schedule 70.54.200 Vehicle and vessel licensing agents 46.01.310 Vision services for homeless persons 43.20A.830 Volunteers providing emergency or medical care 4.24.300 Water companies substandard water systems, limited immunity from liability on assumption of responsibility for 80.28.275 Water conservancy boards 90.80.100 Witnesses criminal investigations grand jury 10.27.130 special inquiry judge 10.27.130 not excused if given immunity from prosecution 10.52.090 supplemental proceedings 6.32.200 IMMUNIZATION (See also HEALTH AND SAFETY) Assessment and enhancement proposals by local health jurisdictions 43.70.525 School children, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Immunization program for school children IMPACT CENTER Washington State University, See WASHINGTON STATE UNIVERSITY, subtitle International Marketing Program for Agricultural Commodities and Trade (IMPACT) Center IMPACT FEES Limitations 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100 IMPAIRED PHYSICIAN PROGRAM (See PHYSICIANS AND SURGEONS) IMPEACHMENT County commissioners, refusal to act, joint commission 36.54.070 Grounds for Const. Art. 5 § 2 House of representatives has sole power Const. Art. 5 § 1 Officers not liable to Const. Art. 5 § 3 subject to Const. Art. 5 § 2 Proceedings preserved 42.04.040 Trial by senate Const. Art. 5 § 1 chief justice presides, when Const. Art. 5 § 1 IMPERSONATION (See FALSE PERSONATION) IMPLIED CONSENT LAW (See MOTOR VEHICLES, subtitle Implied consent) IMPORTERS Malt liquors reports of sales to distributors 66.24.270 IMPOSTS Legality of appellate jurisdiction of supreme court Const. Art. 4 § 4 superior courts’ jurisdiction to determine 2.08.010 Original jurisdiction of superior court Const. Art. 4§6 IMPOUNDING Bicycles intoxicated bicyclists 46.61.790 Boats and vessels serial number, altered or removed administrative hearing, judicial review 46.12.330 assignment of new number 46.12.350 buying, selling, possession 46.12.310 disposition 46.12.320 release of impounded vehicles 46.12.340 Campers serial number, altered or removed administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 buying, selling or possession 46.12.310 disposition 46.12.320 release of impounded vehicles 46.12.340 Motor vehicle law, under defective vehicles 46.32.060 serial number, altered or removed administrative hearing, judicial review 46.12.330 assignment of new number 46.12.350 buying, selling, or possession 46.12.310 disposition 46.12.320 release of impounded vehicles 46.12.340 Motor vehicles abandoned or unauthorized notice to owners 46.55.110 auction of unredeemed vehicles 46.55.120, 46.55.130 contaminated property 46.55.117 definitions 46.55.010 driving without a valid license 46.55.113, 46.55.120 law enforcement impound 46.55.075 lien by tow truck operator 46.55.140 local ordinances 46.55.240 notice requirements 46.55.100 posting requirements 46.55.070 [RCW Index—page 363] IMPRISONMENT private impounds, tow truck operator compensation 46.55.037 private person requests, procedure and liability 46.55.080 procedure 46.55.090 public official requests, procedure 46.55.080 redemption procedure 46.55.120 state patrol duties and authority 46.55.115 unauthorized vehicle in right of way 46.55.085 Nuclear energy and radiation 70.98.160 Trucks, tractors and trailers monthly tonnage licensing, impounding under 46.16.135 IMPRISONMENT (See COMMITMENT; GARNISHMENT, subtitle Imprisonment; PRISONS AND PRISONERS) IMPRISONMENT, UNLAWFUL Class C felony 9A.40.040 Definitions 9A.40.010 IMPROVEMENTS (See also LOCAL IMPROVEMENT DISTRICTS) Buildings leased by cities and towns 35.42.050 Counties labor and material claims 36.45.040 planning agency control 36.70.690, 36.70.700 Ejectment and quieting title actions counterclaims for permanent improvements 7.28.170, 7.28.180 counterclaims for value of 7.28.160 exclusion of use of from damages 7.28.150 Public lands, See PUBLIC LANDS, subtitle Improvements Real property agreements to indemnify for negligence related to, against public policy 4.24.115 claim arising from 4.16.300 limitation on 4.16.310, 4.16.325 INCAPACITATED PERSONS Accounting citation of surety on bond 11.92.056 intermediate accounts, settlement of hearing and order 11.92.050 settlement of estate upon termination 11.92.053 Actions and proceedings representation of incapacitated person guardian’s powers and duties 11.92.060 Appointment of guardian 11.88.010 hearing, notice 11.88.040 jury trial, right to 11.88.045 legal counsel for alleged incapacitated person 11.88.045 legislative intent and purpose 11.88.005 order appointing, required contents 11.88.095 petition contents 11.88.030 disposition 11.88.095 hearing 11.88.030 proof, standards 11.88.045 Assets, holders of financial assets of incapacitated person access to and control over assets to be provided to guardian 11.92.096 Attorneys’ fees, payment 11.92.180 Claims against estate of incapacitated person guardian’s duty to pay 11.92.035 presentation of claim 11.92.035 Concealed or embezzled property 11.92.185 Contracts of incapacitated person performance of 11.92.130 Death of incapacitated person administration of estate 11.88.150 Definitions 11.88.010 Eminent domain proceedings guardian ad litem, appointment 8.25.270 Funds of incapacitated person authorization for guardian to take actions regarding 11.92.140 Guardian [RCW Index—page 364] attorneys’ fees, separate accounting for compensation requested 11.92.180 bond citation of surety on bond 11.92.056 bond requirements 11.88.100 reduction in amount of bond 11.88.105 when bond not required 11.88.107 compensation and expenses, payment 11.92.180 contracts of incapacitated person performance of 11.92.130 death of, procedure, delivery of estate to successor 11.88.120 duties of 11.92.040, 11.92.043 funds of incapacitated person authorization for actions regarding 11.92.140 oath of 11.88.100 powers and duties of 11.92.040, 11.92.043 professional guardian, definition 11.88.008 real property, sale of confirmation of sale 11.92.115 order, contents 11.92.110 return and confirmation of sale 11.92.115 removal of, procedure, delivery of estate to successor 11.88.120 representation of incapacitated person 11.92.060 sale, exchange, lease, or mortgage of property petition for, contents 11.92.100 powers and duties 11.92.090 standby guardian, designation of 11.88.125 Guardian ad litem appearance in civil action 4.08.060 appointment 11.88.090 eminent domain proceedings 8.25.270 ex parte communications, prohibition 11.88.093 fees 11.88.097 qualifications and duties 11.88.090 Guardianship involuntary residential placement prohibited 11.92.190 residential placement, notice 11.92.190 settlement of estate liability of guardian 11.92.056 settlement of estate upon termination 11.92.053 termination of grounds, effect, procedure 11.88.140 transfer of jurisdiction and venue 11.88.130 Intermediate accounts settlement of hearing and order 11.92.050 Nonresident incapacitated person removal of property to another jurisdiction 11.92.170 Notices special notice of proceedings failure to file account or report, citation for 11.92.160 request for 11.92.150 Personal care reports settlement of hearing and order 11.92.050 Probate, final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 Proceedings special notice of failure to file account or report, citation for 11.92.160 request for 11.92.150 Property of incapacitated person concealed or embezzled property discovery proceedings 11.92.185 real property, sale of confirmation of sale 11.92.115 order, contents 11.92.110 return and confirmation of sale 11.92.115 removal of property of nonresident to another jurisdiction 11.92.170 sale, exchange, lease, or mortgage of guardian’s powers and duties 11.92.090 petition for, contents 11.92.100 Real property of incapacitated person sale of confirmation of sale 11.92.115 order, contents 11.92.110 return and confirmation of sale 11.92.115 Voting effect of guardianship on right to vote 11.88.010 INCENTIVE PAY (See PRODUCTIVITY BOARD) INCINERATION FACILITIES—ASH Application of chapter to existing incinerators 70.138.900 Civil penalties 70.138.040 Criminal penalties 70.138.070 Definitions 70.138.020 Disposal permits 70.138.030 Enforcement, injunctive relief 70.138.060 Legislative findings 70.138.010 Management plans 70.138.030 Special ash, waste disposal authority 70.105.112 Violations, compliance orders 70.138.050 INCOME TAX Cities, counties, city-counties prohibited, net income 36.65.030 College savings bond program income tax, state, exempt 28B.106.080 Unemployment compensation, voluntary federal tax deduction and withholding 50.20.220 INCOMPETENCY IN OFFICE Officers removable by legislature Const. Art. 4 § 9 Rights of accused to be heard Const. Art. 4 § 9 Three-fourths of each house to concur Const. Art. 4§9 INCOMPETENTS (See also GUARDIAN AND WARD; MENTAL ILLNESS) Bank account deposits payments to 30.22.150 right to enter into contract 30.22.070 Elective franchise exclusion from Const. Art. 6 § 3 Escheats, limitation of action for filing of claim tolled during disability 11.08.280 Tolling of statute of limitations of actions 4.16.190 INCORPORATIONS (See CORPORATIONS) INCRIMINATION (See SELFINCRIMINATION) INDEBTEDNESS Cities consolidation or annexation of cities, effect of on indebtedness 35.10.331 Cities and towns bankruptcy readjustment and relief from debts Ch. 39.64 cities and towns under 20,000 35.37.040 conditional sales contracts for purchase of real or personal property, indebtedness limitations 39.30.010 exceeding limitations upon for water, light and sewer purposes Const. Art. 8 § 6 harbor in two counties, transfer of territory 36.08.050, 36.08.060, 36.08.070 leases with or without option to purchase indebtedness limitations upon 35.42.200 option to purchase, indebtedness limitation 35.42.210 limitations upon limitations prescribed Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 public utilities 35.92.075 public utility acquisition authority for 35.92.070 limitations 35.92.090 (2008 Ed.) INDIANS refunding bonds not to exceed debt limitations 39.52.020 sewerage systems Ch. 35.67 unclassified cities 35.30.040, 35.30.060 Community and technical colleges, bonds of common school districts for, effect on indebtedness limitations 28B.50.740 Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Conditional sales contracts by cities and towns, counties, metropolitan park districts, and library districts for purchase of property authorized, vote required if exceeds indebtedness 39.30.010 Corporations, See CORPORATIONS, subtitle Liabilities Counties bankruptcy readjustment and relief from debts Ch. 39.64 bond issues interest payment, coupons 36.67.070 retirement 36.67.060 city harbor lying in two counties, transfer of territory 36.08.050, 36.08.060 conditional sales contracts for purchase of real or personal property authorized, indebtedness limitations 39.30.010 division, apportionment 36.09.010, 36.09.020, 36.09.035, 36.09.040 eminent domain in aid of federal or state improvements 8.08.120 juvenile detention facilities, exceeding debt limitations authorized for 13.16.060 limitations upon 36.67.010 juvenile detention facilities, exceeding debt limitations authorized for 13.16.060 limitations prescribed Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 refunding bonds not to exceed debt limitations 39.52.020 Debt adjusters, See DEBT ADJUSTERS Diking districts, See DIKING AND DRAINAGE, subtitle Diking districts Drainage districts, See DIKING AND DRAINAGE, subtitle Drainage districts Evidence of, loss or destruction cancellation of original 39.72.020 issuance of duplicate 39.72.010 notification of fiscal officers 39.72.020 records to be kept 39.72.020 Exceeding limitations upon cities and towns water, light and sewer purposes Const. Art. 8 §6 cities and towns, See also INDEBTEDNESS, subtitle Cities and towns port districts, emergency public works 39.28.030 school districts capital outlays Const. Art. 8 § 6 Exceeding limitations upon, See also INDEBTEDNESS, subtitle Limitations upon Fire protection districts contracting for 52.16.061 limitation 52.16.070 Imprisonment for prohibited, except in case of absconding debtors Const. Art. 1 § 17 Insurance in connection with, credit transactions, generally Ch. 48.34 Interest rate, debts of public bodies declared legal regardless of interest rate 39.90.060 Irrigation districts, See IRRIGATION DISTRICTS, subtitle Fiscal matters Library districts, conditional sales contracts for purchase of real or personal property authorized, indebtedness limitations 39.30.010 Limitations upon cities and towns Const. Art. 8 § 6 refunding bonds not to exceed debt limitations 39.52.020 counties (2008 Ed.) refunding bonds not to exceed debt limitations 39.52.020 county park and recreation service areas 36.68.520 municipal corporations Const. Art. 7 § 2, Const. Art. 8 § 6 port districts emergency public works, exceeding indebtedness for 39.28.030 refunding bonds of counties and cities and towns not to exceed debt limitations 39.52.020 school districts validating indebtedness, bond issues 28A.535.010 state debt Const. Art. 8 § 1 taxing districts Ch. 39.36 Loan principal and interest fund created in general fund to alleviate cash flow deficiencies 43.79.440 Metropolitan park districts conditional sales contracts for purchase of real or personal property authorized, indebtedness limitations 39.30.010 Municipal corporations bankruptcy readjustment and relief from debts Ch. 39.64 extinguishment by special legislation prohibited Const. Art. 2 § 28 limitations upon limitations prescribed Const. Art. 8 § 6 power to incur debts Const. Art. 8 § 6 limit of power Const. Art. 8 § 6 private property not to be taken for debt of, exception Const. Art. 11 § 13 short-term obligations Ch. 39.50 One percentum limitation on tax levies Const. Art. 7 § 2 Port districts, toll facilities, effect 53.34.130 Private property not to be taken in payment of, exception Const. Art. 11 § 13 Public hospital districts bonds 70.44.110 limitation on indebtedness 70.44.110 Public utility districts, See PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters School districts Const. Art. 8 § 6 community and technical college facilities effect on indebtedness, limitations 28B.50.740 special meetings of voters to determine if district will incur 28A.320.420 School districts, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Indebtedness Sewer districts, See SEWER DISTRICTS, subtitle Fiscal matters Short-term obligations municipal corporations authorized, when 39.50.020 contracts for future sale 39.50.030 definitions 39.50.010 interest rate 39.50.030 issuance of, procedure 39.50.030 nonvoted general indebtedness 39.50.060 payment of principal and interest funds for 39.50.070 refunding, renewal 39.50.040 security 39.50.050 State bonds, notes and other evidences of indebtedness, See STATE credit not to be loaned Const. Art. 8 § 5 elections to authorize Const. Art. 8 § 3 State debt, limitations upon Const. Art. 8 § 1, Const. Art. 8 § 2 Taxing district relief act Ch. 39.64 Unclassified cities 35.30.040, 35.30.060 University of Washington, limitation upon regents incurring 28B.20.145 Water districts, See WATER DISTRICTS, subtitle Fiscal matters INDECENCY Nuisances, ground for 7.48.010, 7.48.120 INDEMNITY Injunctions 7.40.160 INDEPENDENT CONTRACTORS Business and occupation tax status 82.04.360 INDETERMINATE SENTENCE REVIEW BOARD (See SENTENCES) INDEX Abstract of, admissible in action to replace court records lost or destroyed 5.48.040 Filed or recorded documents, county auditor to index in accordance with printed or typewritten names 65.04.115 Judgments abstract of 4.64.120 execution docket, indexing of by clerk 4.64.120 Record of instruments necessity of recording officer to keep 65.04.050 Revised Code of Washington, duty of code reviser 1.08.020 Session laws, duty of code reviser 44.20.050 INDIAN LANDS Diking, drainage districts, acquisition of, when 85.05.620 Jurisdiction of state over, assumption of, extent of Ch. 37.12 INDIANS Adoption petition 26.33.270 Adoption proceedings, assumption of state jurisdiction 37.12.010 Adult family homes licensed by tribes duties of department of social and health services 70.128.122 Anadromous game fish purchase or sale license 77.65.480 purchase or sale, license 77.65.490 Census, exclusion of Indians not taxed Const. Art. 2 § 3 Ceremonial and subsistence fishing Wanapum (Sokulk) band 77.12.453 Child support, cooperative agreements for enforcement services Ch. 26.25 Children residing on Indian lands, attendance at schools 28A.225.170 Cigarette tax contracts eligibility, tax rate 43.06.460 Puyallup tribe 43.06.465 requirements, definitions 43.06.455 Civil jurisdiction over adoption proceedings 37.12.010 assumption by state 37.12.010, 37.12.040 compulsory school attendance 37.12.010 dependent children 37.12.010 domestic relations 37.12.010 effective date 37.12.040 hunting and fishing rights excluded 37.12.060 juvenile delinquency 37.12.010 limited by federal law 37.12.050, 37.12.060 mental illness 37.12.010 probate not to apply 37.12.060 procedure for assumption of state jurisdiction 37.12.021 proclamation of governor as to assumption by state 37.12.021 property rights excluded 37.12.060 public assistance 37.12.010 request for state assumption of 37.12.021 tribal ordinances and customs applicable 37.12.070 Claims settlements counties, creation of local improvement districts for purposes of payment authorized 36.32.540 local improvement districts, organization of district to finance authorized 35.43.280 Colleges and universities [RCW Index—page 365] INDICTMENTS tuition rates 28B.15.0131 Compulsory school attendance, assumption of state jurisdiction 37.12.010 Conveyances, sale of land or materials, authorization 64.20.030 Criminal jurisdiction over assumption by state 37.12.010, 37.12.030 effective date of assumption of jurisdiction 37.12.030 hunting and fishing rights excluded 37.12.060 motor vehicle violations 37.12.010 procedure for assumption of state jurisdiction 37.12.021 proclamation by governor 37.12.021 request for state assumption of 37.12.021 state jurisdiction limited by federal law 37.12.050, 37.12.060 Criminal justice certification, police officers 43.101.157 noncertified, training 43.101.230 Domestic relations, assumption of state jurisdiction 37.12.010 Effective date of assumption of jurisdiction by state 37.12.030, 37.12.040 Foster care 13.34.245 citizen review board system local Indian child welfare advisory committee may serve as board for Indian child 13.70.150 payment requirements 74.13.080 purchase of care 74.13.031 tribal authority to license agencies 74.15.190 Gambling compact federal jurisdiction 9.46.36001 Gambling compacts authority of governor to execute 43.06.010 enforcement 9.46.360 negotiation process with gambling commission 9.46.360 Graves protection civil action by tribe or member 27.44.050 criminal sanctions 27.44.040 skeletal human remains, duty to notify 27.44.055 Graves and records Ch. 27.44 Health care delivery plan 43.70.590 Health data statistics information system 43.70.052 Indian child welfare citizen review board system local Indian child welfare advisory committee may serve as board for Indian child 13.70.150 Indian cultural, educational, tourist, and economic development facility anticipation notes, authorized 37.14.020 bond holders, remedies 37.14.040 bond issue authorized, issuance, sale, terms 37.14.010 severability clause 37.14.900 bond proceeds, administration of 37.14.030 bonds, legal investment for public funds 37.14.050 construction bond redemption fund created, source 37.14.010 Indian tribes airports federal aid moneys, disbursement by department of transportation, authorized 47.68.090 Interlocal cooperation act, tribe as public agency under 39.34.020 Juvenile delinquency, assumption of state jurisdiction 37.12.010 Juveniles juvenile court act as affecting, See JUVENILES, subtitle Juvenile court, families in conflict, procedures for Lands disclaimer of state to title to Const. Art. 26 § 2 jurisdiction of state, assumption of Ch. 37.12, Const. Art. 26 § 2 [RCW Index—page 366] taxation, exemption from, when Const. Art. 26 §2 Library services provided for tribes by public libraries 27.12.285 Mental illness, assumption of state jurisdiction 37.12.010 Motor vehicle licensure 46.16.020, 46.16.022 Motor vehicle violations, state jurisdiction 37.12.010 Natural resources management state policy, express domain 77.110.030 Off-reservation legal rights or privileges through treaties are unconstitutional 77.110.040 People’s lodge anticipation notes, authorized 37.14.020 bond issue authorized, issuance, sale, terms 37.14.010 bond proceeds, administration of 37.14.030 bonds, legal investment for public funds 37.14.050 construction bond redemption fund bond holders, remedies 37.14.040 created, source 37.14.040 Police officer certification, tribal 43.101.157 Public assistance assumption of state jurisdiction 37.12.010 program access 74.08A.040 tribal program 74.08A.050 Public schools tribal history and culture, curricula 28A.320.170 tribal relationships, meetings 28A.345.070 Quileute Indians, Olympic National Park, jurisdiction retrocession 37.12.150 Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120, 37.12.130, 37.12.140 Sale of land or materials, consent of congress, authorization 64.20.030 Salmon management of salmon and steelhead resources Ch. 77.110 recovery and habitat restoration Ch. 77.85 Salmon fishing by Wanapum (Sokulk) band 77.12.453 Scholarships American Indian endowed scholarship program Ch. 28B.108 Steelhead management of salmon and steelhead resources Ch. 77.110 purchase or sale, license 77.65.480 Taxation exempt from, when Const. Art. 26 § 2 Teacher education course in state or Pacific Northwest history and government information regarding Indian peoples to be included in 28B.10.710 Timber harvest excise tax agreements 43.06.475, 43.06.480 Treaties, denial of rights based on, declaration of policy 77.110.040 Tribal police officers Ch. 10.92 Unemployment compensation Ch. 50.50 Weed control on federal and tribal lands 17.10.201 Weed control on Indian lands 17.04.170 INDICTMENTS Animals, description of 10.37.070 Certainty required 10.37.054 Charge must be by indictment or information Const. Art. 1 § 25 Charge must be by indictment or information, exceptions 10.37.015 Consolidation 10.37.060 Construction statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 Contents, necessary 10.37.052 Copy to defendant Const. Art. 1 § 22 Defects and imperfections deemed immaterial 10.37.056 Defendants joinder of 10.37.060 naming of 10.37.054 Defined, for Criminal Code 9A.04.110 Demurrer to grounds 10.40.110 overruling demurrer failure to plead over, judgment on demurrer 10.40.140 pleading of defendant 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, not bar to subsequent prosecution 10.40.125 Forgery, description of instrument subject to which is destroyed or withheld 10.37.080 Form of 10.37.040 Grand jury criminal investigations number of members necessary for returning 10.27.150 presented to court 10.27.150 motions to set aside, grounds 10.40.070 Injury to person, erroneous allegation as to person injured immaterial 10.37.090 Joinder of defendants 10.37.060 Judgments, pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 Larceny, description of money or securities 10.37.110 Libel, how pleaded 10.37.120 Motion to set aside grounds 10.40.070 irregularities in grand jury selection, etc. 10.40.070 not available to defendant held to answer before indictment 10.40.075 overruling motion, effect 10.40.100 persons improperly before grand jury 10.40.070 sustaining motion, no bar to future prosecution 10.40.090 Name, inserting true name during trial 10.46.060 Obscene literature, describing 10.37.130 Parties, naming of 10.37.054 Perjury, description of 10.37.140 Pleas to guilty defendant only in open court may plead guilty 10.40.170 not guilty denies each and every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 Presumptions of law, averments 10.37.150 Probation, dismissal of indictment after probation completed 9.95.240 Public nuisance, authorized 7.48.200 Separation into counts 10.37.060 Statutes exact wording not necessary 10.37.160 private, how pleaded 10.37.170 Sufficiency requirements 10.37.050 Untried indictments against imprisoned person disposition of 9.98.010, 9.98.020, 9.98.030, 9.98.040 Untried indictments against imprisoned person, See also DETAINERS, INTERSTATE Variances dismissal for, not a bar 10.40.125 INDIGENTS Attorney fees on appeal, state to pay for indigent party 4.88.330 Civil representation of public safety and education account funding for 43.08.250 Counsel, when provided 10.73.150 Counties disposal of remains 36.39.030 (2008 Ed.) INDUSTRIAL INSURANCE veterans, burial 73.08.070 Court fees and costs 10.73.160 Defense services, provision of appropriated funds 10.101.050, 10.101.060 attorney selection 10.101.040 city moneys 10.101.080 county moneys 10.101.070 definitions 10.101.010 determination of indigency 10.101.020 promissory notes 10.101.020 provisional appointments 10.101.020 standards 10.101.030 Deferred prosecution programs 10.05.130 Fees and costs in appeals to supreme court or court of appeals, state to pay when 4.88.330 Forma pauperis, See FORMA PAUPERIS Funerals, deceased veterans, county to provide burial 73.08.070 Hospitals, counties 36.62.010 Housing emergency exemptions from state building code 19.27.042 Juvenile, transcript and costs, state to pay in delinquency proceeding 2.32.240 Legal aid, See LEGAL AID Party, transcript and costs, state to pay in delinquency proceeding 4.88.330 Public assistance, See PUBLIC ASSISTANCE Public defense, office of Ch. 2.70 Rights, criminally insane, procedures 10.77.020 INDUSTRIAL DEVELOPMENT CORPORATIONS Aggregate limit on loans and investments 31.24.073 Application 31.24.020, 31.24.230 Articles of incorporation amendments 31.24.080 application, included 31.24.020 approval by secretary of state, prerequisites to 31.24.020 contents 31.24.020 filing 31.24.020, 31.24.023 Board of directors 31.24.090 Confidentiality, disclosure 31.24.220 Conversion, development credit corporation 31.24.215 Corporate powers 31.24.030 Credit of state 31.24.160 Definitions 31.24.010 Dissolution 31.24.150 Duration of company 31.24.140 Examinations by director 31.24.120 Fees 31.24.025 Filings agreement by financial institutions to be members of corporation 31.24.020 articles of incorporation 31.24.020 First meeting 31.24.130 Historic business development company 31.24.190 Incorporation agreement by financial institutions, filing, number of institutions required 31.24.020 minimum capital 31.24.020 number of incorporators required 31.24.020 number required 31.24.020 Insider transactions 31.24.075 Insolvency, liquidation 31.24.200 Legislative findings 31.24.005 Limited liability company 31.24.225 Location of principal office 31.24.020 Mergers, consolidations 31.24.210 Minimum capital, surplus, undivided profits, net earnings 31.24.100 Money on deposit 31.24.110 Name, articles of incorporation to include 31.24.020 Plan of assessment 31.24.066 Powers 31.24.030 Powers of stockholders 31.24.070 Rule making 31.24.235 State development companies 31.24.170 (2008 Ed.) Supervisory direction, conservatorship 31.24.205 INDUSTRIAL DEVELOPMENT DISTRICTS (See PORT DISTRICTS, subtitle Industrial development districts) INDUSTRIAL DEVELOPMENT PROJECTS Investments and projects of statewide significance application for designation - project facilitator or coordinator 43.157.030 definitions 43.157.010 expedited completion, planning requirements 43.157.020 Nonrecourse revenue bonds or obligations, authorized Const. Art. 32 § 1 Revenue bonds Ch. 39.84 INDUSTRIAL DEVELOPMENT REVENUE BONDS (See COMMUNITY ECONOMIC REVITALIZATION BOARD, subtitle Industrial development revenue bonds) INDUSTRIAL INSURANCE Accident fund 51.44.010 appropriation not required for payment of 43.88.180 defined as trust fund, appropriation not required for payment of 43.88.180 Accidents application for compensation 51.28.030 catastrophe injury account, uses 51.16.130 compensation application 51.28.020 notice and report 51.28.010 reporting employer’s duties 51.28.025 second injuries, liability for costs 51.16.120 second injury after lump sum payment 51.32.120 Acting in course of employment, benefits available 51.32.015, 51.36.040 Actions and proceedings appeals Ch. 51.52 assignments or executions, payments exempt 51.32.040 compensation payments are in lieu 51.32.010 default assessment 51.48.120, 51.48.131, 51.48.140, 51.48.150 employers default in payments 51.16.150 execution of judgments, property acquired by state 51.16.180 injury or death, actions against employer or third person Ch. 51.24 lien for payments due 51.16.160, 51.16.170 nurse’s testimony not privileged 51.04.050 penalties, waiver 51.48.100 penalty collections 51.48.090 physician’s testimony not privileged 51.04.050 statute of limitations 51.04.100 Aliens, nonresident beneficiary 51.32.140 Amputation compensation schedule 51.32.080 Appeals attorney fees, when unlawful 51.52.132 attorney’s fee 51.52.120, 51.52.130 board of industrial insurance appeals expenses 51.52.030 membership 51.52.010 removal of member 51.52.040 rule-making power 51.52.020 compensation payment after appeal, enforcement 51.32.215 conferences with board 51.52.095 costs 51.52.150 court appeal 51.52.110, 51.52.112, 51.52.115 crime victims’ compensation actions, exception 51.52.200 decision and order, review 51.52.106 decisions, publication and indexing 51.52.160 denial by board 51.52.080 departmental action, procedures 51.52.050 evidence 51.52.102 granted, when deemed 51.52.090 hearings 51.52.100, 51.52.102 industrial appeals judge, decision and order 51.52.104 interest on award 51.52.135 mediation 51.52.095 modification, reversal, or denial 51.52.060 notice 51.52.060, 51.52.070 providers, appeal from order to terminate services 51.52.075 review 51.52.104, 51.52.106 rules of civil practice, application 51.52.140 study, department of labor and industries 51.52.800 transmittal of departmental record 51.52.070 witness fees 51.52.130 Applicability 51.04.090 Apprentices or trainees, coverage 51.12.130 Artificial substitutes and mechanical aids 51.36.020 Basic health plan availability, notice 51.28.090 Beneficiaries compensation application 51.28.030 change in compensation 51.28.040 death benefits 51.32.050 proof of dependency 51.28.060 Benefits adjustments 51.32.075 aggravation, diminution, or termination of disability 51.32.160 amputation 51.32.080 during course of employment 51.32.015, 51.36.040 death benefits 51.32.050 direct deposit into financial institutions 51.32.045 direct deposit to accounts 51.04.085 elective adoption procedure 51.12.110 employers’ rights to compensation 51.32.030 erroneous payments, liability for willfully obtaining 51.48.250, 51.48.260 exemption or waiver prohibited 51.04.060 failure to pay, adjustment 51.32.240 false information, penalties 51.48.020 false statements or concealing information 51.48.270 jobsite 51.32.015, 51.36.040 kickbacks, bribes, or rebates 51.48.280 lunch period 51.32.015, 51.36.040 medical aid Ch. 51.36 medical examinations 51.32.110 nonresident alien beneficiaries 51.32.140 occupational disease 51.16.040, 51.32.180 pensions, additional payments to prior pensioners 51.32.072, 51.32.073 permanent partial disabilities compensation schedule 51.32.080 permanent total disabilities 51.32.060, 51.32.067 personal attendant 51.32.060 preexisting disease, effect of delay of recovery from injury 51.32.100 proration, when 51.12.050 recovery of erroneous payments 51.32.240 social security payments, effect 51.32.220, 51.32.230 social security retirement benefits, effect 51.32.225 surviving spouse 51.32.050 temporary total disabilities compensation schedule 51.32.090 earnings during disability 51.32.090 return to work 51.32.090 waiver or exemption prohibited 51.04.060 willful misrepresentation 51.32.240 Board of industrial insurance appeals, membership, powers, and duties Ch. 51.52 Burial expenses 51.32.050 Catastrophe injury account 51.44.050, 51.44.060 uses 51.16.130 [RCW Index—page 367] INDUSTRIAL INSURANCE Catastrophes costs, how distributed 51.16.130 Certificate of coverage penalty for not obtaining 51.48.103 required, exception 51.04.120 revocation 51.48.160 Chemically related illness claims criteria and procedures 51.32.350 Chiropractic services advisory committee 51.36.150 care and evaluation 51.36.015 chiropractors authorized to conduct special medical examinations 51.32.112 Claims benefits acceptance, effect 51.32.210 confidentiality of records, inspection and review 51.28.070 dependency, proof 51.28.060 false information, penalties 51.48.020 hearing loss, time for filing 51.28.055 injuries, time for filing 51.28.050 occupational disease, time for filing 51.28.055 promptness of action 51.32.210 records, confidentiality and allowed review 51.28.070 retaliation against employee prohibited 51.48.025 Classification changes 51.16.100 degree of hazard to govern 51.16.035 Clothing or protective equipment, compensation for loss or damage 51.32.260 Collection of tax or penalty may not be enjoined 51.52.113 Colleges and universities foreign branch campuses, application of act 51.12.160 Common and contract carriers, application of act 51.12.095 Common carriers application of act 51.12.090 Community improvement projects public/private partnerships 51.12.050 Community restitution by offenders workers’ compensation coverage 35.21.209, 35A.21.220, 36.16.139, 51.12.045 Compensation actions, payments in lieu 51.32.010 adjustments 51.32.075 aggravation, diminution, or termination of disability 51.32.160 amputation 51.32.080 appeals, compensation payment after appeal 51.32.215 application 51.28.020 beneficiaries, application 51.28.030 change in compensation 51.28.040 damage to clothing or protective equipment 51.32.260 death benefits 51.32.050 direct deposit of benefits into financial institution 51.32.045 eligibility to receive 51.32.010 employers entitled, when 51.32.030 erroneous payments, liability for willfully obtaining 51.48.250, 51.48.260 exemptions from assignment or execution 51.32.040 false statements or concealing information 51.48.270 further accident after lump sum payment 51.32.120 ineligibility to receive 51.32.020 jobsites, benefits available 51.32.015, 51.36.040 kickbacks, bribes, or rebates 51.48.280 lump sum conversion 51.32.130, 51.32.135, 51.32.150 lunch periods, benefits available 51.32.015, 51.36.040 medical aid Ch. 51.36 medical examinations 51.32.110 nonresident alien beneficiaries 51.32.140 [RCW Index—page 368] occupational disease 51.32.180 payment after death 51.32.040 payment in lieu of action 51.32.010 pensions, additional payments to prior pensioners 51.32.072, 51.32.073 permanent disabilities, determination 51.32.055 permanent partial disabilities schedule 51.32.080 permanent total disability benefits 51.32.060 personal attendant, payments 51.32.060 preexisting disease, effect of delay of recovery from injury 51.32.100 prisoners in institutions, eligibility 51.32.040 prohibited, when 51.32.020 recovery of erroneous payments 51.32.240 social security benefits, effect 51.32.220, 51.32.230 social security retirement benefits, effect 51.32.225 surviving spouse 51.32.050 temporary total disabilities compensation schedule 51.32.090 earnings during disability 51.32.090 return to work 51.32.090 time limitations for filing 51.32.040 unspecified permanent partial disability 51.32.080 Construction of title Ch. 51.98 Contractors governmental entity premium liability 51.12.050 premium liability 51.12.070 registration to include coverage information 18.27.030 subcontractors, premium liability 51.12.070 Contracts continuation 51.04.105 governmental entity premium liability 51.12.050 premium liability 51.12.070 Contributions elective adoption procedure 51.12.110 Cost experience continuation when employer’s legal structure changes 51.16.090 unfavorable, evasion 51.16.090 Counties benefits otherwise provided, effect 51.12.050 premium liability 51.12.050 Crime victim’s compensation Ch. 7.68 Crimes medical aid, illegal collections 51.48.050 misrepresentation in payroll 51.48.020 Death actions against employer or third person Ch. 51.24 adjustments in benefits 51.32.075 autopsies and post mortems 68.50.103 benefits payable 51.32.050 compensation application 51.28.030 decedent leaving no beneficiaries, selfinsurers’ payment to supplemental pension fund 51.48.110 occupational disease, compensation 51.32.180 payment of awards 51.32.040 Default in payments, notices, enforcement, appeal 51.48.120, 51.48.131, 51.48.140, 51.48.150 Definitions Ch. 51.08 Delinquent taxes, penalties 51.48.210 Dependents compensation children, termination at age eighteen 51.32.025 eligibility to receive 51.32.010 ineligibility to receive 51.32.020 proof of dependency 51.28.060 Disability compensation, subject to collection for support payments 74.20A.260 Disaster response reimbursement from account 51.16.220 Educational service districts self-insurers 51.14.150, 51.14.160 Elective adoption 51.12.110 Electrical contractors coverage required 19.28.041 Emergency assessment and collection of taxes 51.48.170, 51.48.180, 51.48.190 Emergency management workers, workers’ compensation 38.52.290 Employer certificate of coverage requirements, exception 51.04.120 exemption or waiver prohibited 51.04.060 notices or orders, delivery to employer 51.04.082 Employers accidents, notice and report 51.28.010 claim records, review 51.28.070 classification change 51.16.100 compensation authorized for employers, when 51.32.030 cost experience, evasion of unfavorable 51.16.090 cost experience impacts 51.16.090 coverage for employees, failure to apply 51.48.105 default in payments, assessment 51.48.120, 51.48.131, 51.48.140, 51.48.150 delinquency, sale of property acquired by state on execution of judgment 51.16.180 delinquency in payments, procedure 51.16.150 delinquent taxes, penalties 51.48.210 elective adoption 51.12.110 emergency assessment and collection of taxes 51.48.170, 51.48.180, 51.48.190 employment records, requirements and confidentiality 51.16.070 execution upon property 51.48.220, 51.48.230, 51.48.240 experience rating, impact of employer changes 51.16.090 failure to report, penalties 51.48.020 failure to report or pay premiums, collection 51.16.155 job modification costs 51.32.250 liability of employer quitting or disposing of business 51.16.200 lien for payments due 51.16.160, 51.16.170 limitation of actions, by or against 51.16.190 misrepresentation in payroll 51.48.020 new or resumed business, duties 51.16.110 payroll report 51.16.060 penalties Ch. 51.48 records, failure to keep 51.48.030 records, refusal of inspection 51.48.040 report of injury or disease, duties, penalties 51.28.025 reports, failure to make 51.48.030 retaliation against employee prohibited 51.48.025 search and seizure of property to satisfy tax warrant 51.48.200 temporary total disabilities notification of worker entitlement and employer’s rights 51.28.080 waiver of penalties 51.48.100 Employment covered employments 51.12.010 elective adoption procedure 51.12.110 excluded employments 51.12.020 Excluded employments 51.12.020 Execution upon property 51.48.220, 51.48.230, 51.48.240 Exemption or waiver prohibited 51.04.060 Extraterritorial coverage 51.12.120 Failure to pay benefits, adjustment 51.32.240 False statements or concealing information 51.48.270 Farming, optional exclusion for persons working on parents’ family farms 51.12.020 Fault for claimant’s damages (2008 Ed.) INDUSTRIAL INSURANCE determination of percentage of fault among multiple parties 4.22.070 Federal employees, application 51.12.060 Fees and medical charges audits 51.36.080 audits of health care providers 51.36.100, 51.36.110 establishment of schedule 51.04.030 payment 51.36.080 self-insurers 51.36.085 Fire fighters, disease presumption 51.32.185 First aid training and supply requirements 51.36.030 Foreign degree-granting institutions, application of act 51.12.160 Fraud, annual report 43.22.331 Funds accident fund 51.44.010 annuity values 51.44.070 catastrophe injury account 51.44.050, 51.44.060 collection of penalties, deposit 51.48.090 deficiency 51.44.080 depositary laws, application 51.44.120 disbursements 51.44.110 financial statements and information department audit and report, annual 51.44.115 interfund transfers and loans 51.44.160 investment 51.44.100 investment policies 43.33A.110 medical aid fund 51.44.020 premium refund account 51.44.170 reserve fund 51.44.030, 51.44.090 second injury fund 51.44.040 self-insurer deposits 51.44.140 self-insurer payments 51.44.070 state treasurer’s liability 51.44.120 supplemental pension fund 51.44.033 surplus 51.44.080 transfers to reserve fund 51.44.070, 51.44.080 Geoduck harvesting 51.12.100 Hanford nuclear reservation special insuring agreements for workers 51.04.130 Health care providers audits 51.36.100, 51.36.110 confidential trade and financial information 51.36.120 false or misleading advertising and representations 51.36.130 representation fee charged while providing services, penalty 51.48.280 verification 51.48.290 Hearings appeals, See also INDUSTRIAL INSURANCE, subtitle Appeals Horse racing industry premium assessment 51.16.210, 67.16.300 supplemental pension fund assessments 51.32.073 Hospitals safe patient handling program, reduced premium 51.16.230 self-insurers 51.14.150, 51.14.160 Industrial safety and health expenses, how financed 51.16.105 Injunctions against delinquent employers 51.16.150 Injuries actions against employer or third person Ch. 51.24 application for compensation 51.28.030 catastrophe injury account, uses 51.16.130 claims, time for filing 51.28.050 compensation application 51.28.020 further accident or disease, distribution of costs 51.16.120 notice and report 51.28.010 preexisting disability, costs for further disability 51.16.120 reporting (2008 Ed.) educational initiative, alternative system 51.28.015 employer to assist workers 51.28.015 employer’s duties 51.28.025 Inmates benefits sent in care of corrections department 51.32.380 eligibility 72.60.100, 72.60.102 Investigations subpoena power 51.04.040 Investigative unit 51.04.024 Jail industries program employment status of inmates 36.110.120 Job modification costs 51.32.250 Job modification or accommodation costs for injured workers, payment 51.32.095 Jobsites, benefits available 51.36.040 Jobsites, when benefits available 51.32.015 Jurisdiction 51.04.010, 51.12.060, 51.12.120 Juvenile forest camps industrial insurance benefits prohibited, exceptions 72.05.152, 72.05.154 Kickbacks, bribes, or rebates 51.48.280 Labor and industries, department of director’s powers and duties 51.04.020 financial statements and information audit and report, annual 51.44.115 powers and duties 43.22.030 Law enforcement officers, volunteer, coverage 51.12.140 Liability for penalties Ch. 51.48 Lien for payments due 51.16.160, 51.16.170 Limitation of actions 51.04.100 aggravation, diminution, or termination of disability, compensation 51.32.160 hearing loss claims 51.28.055 injuries, time for filing claims 51.28.050 occupational disease, time for filing claims 51.28.055 Longshoreman’s and harbor worker’s compensation coverage plan creation 48.22.070 Lunch periods, benefits available 51.36.040 Lunch periods, when benefits available 51.32.015 Managed care pilot projects authorization 43.72.860 Maritime occupations application of act 51.12.100 asbestos-related disease, benefits 51.12.102 Mechanical aids and artificial substitutes 51.36.020 Mediation of disputes 51.52.095 Medical aid advisory committee 51.36.140 artificial substitutes 51.36.020 care and treatment supervision 51.04.030 catastrophes, costs, how distributed 51.16.130 chiropractic advisory committee 51.36.150 contracts, continuation 51.04.105 during course of employment, benefits payable 51.36.040 discrimination prohibited 51.04.030 elective adoption 51.12.110 extent and duration of services 51.36.010 fee schedule 51.04.030 illegal collections, penalty 51.48.050 jobsite, benefits payable 51.36.040 lunch period, benefits payable 51.36.040 mechanical aids 51.36.020 premiums worker liability 51.16.140 records, availability 51.36.060 records and bill payment 51.04.030 residence modification assistance 51.36.022 student volunteers, coverage 51.12.170 transportation costs 51.36.020 volunteers, coverage 51.12.035 Medical aid fund 51.44.020 appropriation not required for payment of 43.88.180 defined as trust fund, budget and accounting system 43.88.180 Medical examinations chiropractors authorized to conduct special medical examinations 51.32.112 compensation and reporting guidelines 51.32.112 costs 51.36.070 department to monitor 51.32.114 refusal to submit 51.32.110 reports 51.36.070 standards and criteria 51.32.112 travel expenses and time lost pay 51.32.110 Medical treatment review of billings 51.36.090 unauthorized 51.36.090 Medical treatment, See also INDUSTRIAL INSURANCE, subtitle Medical aid Minors civil rights established 51.04.070 disability payments 51.04.070 guardianship expense 51.04.070 Motor vehicle modification 51.36.020 Municipal corporations benefits 51.12.050 premium liability 51.12.050 Musicians or entertainers, coverage 51.12.150 New business, duties 51.16.110 Notices delivery to claimant 51.04.080 delivery to employer 51.04.082 Nurses application for compensation, duties 51.28.020 failure to make report or comply with law 51.48.060 medical aid information, availability 51.36.060 services authorized 51.36.017 testimony not privileged 51.04.050 Occupational and environmental research facility, funding 51.16.042 Occupational disease benefits 51.16.040, 51.32.180 claims, time for filing 51.28.055 fire fighters, disease presumption 51.32.185 further injury or disease, costs 51.16.120 immunological treatment 51.36.010 preexisting disability, costs for further disability 51.16.120 Offenders performing community restitution workers’ compensation coverage 35.21.209, 35A.21.220, 36.16.139, 51.12.045 Orders delivery to claimant 51.04.080 delivery to employer 51.04.082 Outside state injuries 51.12.120 Overpayments recovery 51.32.240 Payments direct deposit to accounts 51.04.085 further accident after lump sum 51.32.120 lump sum conversion 51.32.130, 51.32.135, 51.32.150 Payroll reports by employers 51.16.060 Penalties and liability Ch. 51.48 Pensions additional payments 51.32.072 premium liability of worker and employer 51.32.073 Permanent disabilities determination 51.32.055 medical examinations 51.32.112, 51.32.114 Permanent partial disabilities compensation schedule 51.32.080 second injuries 51.32.080 Permanent total disabilities additional payments for prior pensioners 51.32.072 compensation amount 51.32.060 personal attendant payments 51.32.060 social security benefits, effect on compensation 51.32.220, 51.32.230 social security retirement benefits, effect on compensation 51.32.225 [RCW Index—page 369] INDUSTRIAL INSURANCE APPEALS, BOARD OF Personal attendants permanent total disabilities, amount allowed 51.32.060 Pesticide incident reporting and tracking review panel industrial insurance laws, administration not affected 70.104.100 Physician assistant signatures 51.28.100 Physicians application for compensation, duties 51.28.020 failure to make report or comply with law 51.48.060 medical aid information, availability 51.36.060 testimony not privileged 51.04.050 Preexisting conditions costs for further accident or disease, distribution 51.16.120 diseases, effect of delay of recovery from injury 51.32.100 Premium refund account 51.44.170 Premiums delinquency 51.16.150 delinquency, sale of property acquired by state on execution of judgment 51.16.180 exemption or waiver prohibited 51.04.060 failure of employer to pay, collection 51.16.155 governmental liability 51.12.050 horse racing employment 51.16.210 lien for payments due 51.16.160, 51.16.170 limitation of actions to claim 51.16.190 medical aid worker liability 51.16.140 payroll report 51.16.060 rating system 51.16.035 successor liability for employer quitting or disposing of business 51.16.200 termination, dissolution, or abandonment of business liability 51.48.055 waiver or exemption prohibited 51.04.060 Printed materials, department’s duties 43.22.035 Prisoners in institutions, eligibility 51.32.040 Public assistance recipient receiving compensation, See PUBLIC ASSISTANCE, subtitle Industrial insurance compensation, recipient receiving Public hospital districts self-insurers 51.14.150 Puget Sound ferry and toll bridge system employees under 47.64.070 Railroads application of act 51.12.080 Rates changes 51.16.100 rating system 51.16.035 Records claimant review 51.28.070 confidential trade and financial information 51.36.120 confidentiality 51.16.070, 51.28.070 employer review 51.28.070 failure to keep, penalty 51.48.030 inspection by department, penalty for refusal 51.48.040 required records 51.16.070 subpoena power 51.04.040 Recovery of erroneous payments 51.32.240 Rehabilitation center operation and control 51.36.050 Reports failure to file payroll report 51.16.155 failure to make, penalty 51.48.030 physicians and nurses, penalty for failure to make 51.48.060 Reserve fund 51.44.030, 51.44.090, 51.44.140 Residence modification 51.36.020 Retaliation by employer prohibited 51.48.025 Retrospective rating plan availability and coverage 51.18.010 department approval of groups 51.18.060 [RCW Index—page 370] entrance criteria 51.18.020 industry and business categories 51.18.040 probationary status of groups, when imposed 51.18.050 sponsoring entities of new or existing groups 51.18.030 Rules violations 51.48.080 Safety standards, See LABOR AND INDUSTRIES, DEPARTMENT OF, subtitle Industrial safety and health Sale of property acquired by state on execution of judgment 51.16.180 School districts self-insurers 51.14.150, 51.14.160 Search and seizure of property to satisfy tax warrant 51.48.200 Second injuries costs, distribution 51.16.120 Second injury fund 51.44.040 uses 51.16.120 Self-insurers administration costs, liability 51.44.150 allowance or denial of claim, time allowed for request 51.14.130 application, evaluation fee 51.14.020 certification 51.14.030 claims denial or controversies 51.32.190 submittal of reports to department 51.32.195 violations, penalty 51.14.140 closure of claim 51.14.120 closure of permanent disabilities claims 51.32.055 compensation order, enforcement 51.32.200 corrective action 51.14.095 decedent leaving no beneficiaries 51.48.110 default 51.14.060, 51.14.070, 51.14.073 delaying or refusing to pay benefits 51.48.017 duty to secure payment of compensation, options 51.14.010 educational service districts 51.14.150, 51.14.160 electronic reporting system 51.14.110 employee notice of protest or appeal 51.14.120 employee’s claim file, availability 51.14.120 fees and medical charges, payment 51.36.085 hospitals 51.14.150, 51.14.160 notice of compliance with title to be posted 51.14.100 ombudsman, office of annual report 51.14.400 confidentiality 51.14.370 created 51.14.300 explaining program 51.14.380 funding 51.14.390 liability 51.14.360 powers and duties 51.14.340 qualifications 51.14.320 referrals 51.14.350 staffing 51.14.330 term of office 51.14.310 overpayments recoupment 51.32.240 reimbursement fund 51.32.242, 51.44.142 public hospital districts 51.14.150 qualification 51.14.020 records, duties 51.14.110 records, electronic reporting 51.14.110 reserve fund deposits 51.44.140 school districts 51.14.150, 51.14.160 security bond 51.14.020 self-insurers’ insolvency trust 51.14.077 surety liability, termination 51.14.040 termination of status 51.14.050 withdrawal of certification 51.14.080, 51.14.090 State benefits 51.12.050 premium liability 51.12.050 State employees vocational rehabilitation coordinator, appointment, duties 51.32.300 State employees’ retirement allowances, effect of benefits from workers’ compensation 41.40.300 Statute of limitations 51.04.100 Student volunteers, medical aid coverage 51.12.170 Subcontractors premium liability 51.12.070 Supervisor of industrial insurance appointment and authority 43.22.020 Supplemental pension fund 51.44.033 Support obligations enforcement workers’ compensation or disability payments treatment 26.18.190 Surviving spouses death benefits 51.32.050 Temporary total disabilities compensation schedule 51.32.090 earnings during disability 51.32.090 employer notification of worker entitlement and employer’s rights 51.28.080 return to work 51.32.090 social security benefits, effect on compensation 51.32.220, 51.32.230 social security retirement benefits, effect on compensation 51.32.225 wages, effect of receiving 51.32.090 Time-loss claimants basic health plan, notice of availability 51.28.090 Trainees or apprentices, coverage 51.12.130 Training and information labor and industries, department of 51.16.107, 51.48.075 Unspecified disabilities compensation schedule 51.32.080 Violations penalties and liability Ch. 51.48 Vocational rehabilitation services 51.32.095 Vocational services costs 51.32.0991 pilot program 51.32.099 Volunteer law enforcement officers, coverage 51.12.140 Volunteers, coverage 51.12.035 Waiver of penalties 51.48.100 Waiver or exemption prohibited 51.04.060 Warrants delivery to claimant 51.04.080 Workers’ compensation advisory committee, membership and duties 51.04.110 Workers’ compensation insurance casualty insurance, as part of 48.11.070 loss expense, defined 48.12.140 loss payments, defined 48.12.140 schedule of experience 48.12.110 Wrongful death action, effect on 4.20.030 INDUSTRIAL INSURANCE APPEALS, BOARD OF (See INDUSTRIAL INSURANCE, subtitle Board of industrial insurance appeals) INDUSTRIAL LIFE INSURANCE (See INSURANCE, subtitle Industrial life insurance) INDUSTRIAL LOAN COMPANIES Examinations of cost of, collection 30.04.070 Insurance premium finance company act, application to 48.56.030 Licenses master license system exemption 19.02.800 INDUSTRIAL SAFETY AND HEALTH Administration 49.17.270 Agricultural safety standards agriculture, definition 49.17.022 establishment and adoption, limitation and requirements 49.17.041 Agricultural workers (2008 Ed.) INFORMATION SERVICES, DEPARTMENT OF worker production standards, coordination of regulation and enforcement 17.21.440 Appeal to board final order 49.17.140 penalty 49.17.140 procedure 49.17.140 redetermination 49.17.140 Appeal to superior court enforcement of orders 49.17.150 review 49.17.150 Application of chapter 49.17.030 Citations, violations 49.17.120 Compliance by employees, notice, review, violations 49.17.110 Compliance program, voluntary, consultation and advisory services 49.17.250 Compliance with federal act 49.17.230 Construction crane safety application 49.17.410 certification 49.17.420, 49.17.430 definitions 49.17.400 rules 49.17.440 Court orders, injunctions, temporary restraining orders 49.17.170 Death autopsies and post mortems 68.50.103, 68.50.104 Definitions 49.17.020 Director of labor and industries agricultural safety standards establishment and adoption, limitation and requirements 49.17.041 authority 49.17.040 inspections by 49.17.070 procedure 49.17.040 rules and regulations 49.17.040 guidelines 49.17.050 standards 49.17.050 Discrimination against employees, procedure, remedy 49.17.160 Electrical apparatus use and construction rules Ch. 19.29 Employees compliance by notice 49.17.110 review 49.17.110 violations 49.17.110 notice to, exposed to harmful materials 49.17.220 Employers, standard, general safety, compliance 49.17.060 Employers’ records notice to employees exposed to harmful materials 49.17.220 regulations 49.17.220 reports 49.17.220 Ergonomics 49.17.360, 49.17.370 Federal acts, compliance with 49.17.230 Fees and charges 49.17.030 Flaggers safety standards 49.17.350 Grants, agreements and acceptance of, authorized 49.17.230 Health care settings workplace violence planning and protection Ch. 49.19 Injunctions 49.17.170 Inspections building and construction safety inspection services supervisor, appointment and authority 43.22.053 powers and duties of director of labor and industries 43.22.050 Inspections and investigations contempt 49.17.070 employer and employee representatives 49.17.100 right of entry 49.17.070 search warrants 49.17.075 subpoenas 49.17.070 Labor and industries, department of expenses, financing 51.16.105 (2008 Ed.) powers and duties 43.22.050 Mercury reduction and education Ch. 70.95M Penalties 49.17.180, 49.17.190 Pesticide application act Ch. 17.21 Purpose 49.17.010 Records, employers’ notice to employees exposed to harmful materials 49.17.220 regulations 49.17.220 reports 49.17.220 Rules and regulations agricultural safety standards establishment and adoption, limitation and requirements 49.17.041 authority 49.17.040 director of labor and industries 49.17.040 guidelines 49.17.050 procedure 49.17.040 standards 49.17.050 Safety and health standards 49.17.240 Standards, safety and health 49.17.240 Statistics, investigations, reports 49.17.260 Supervisor of industrial safety and health appointment and authority 43.22.040 Temporary worker housing electricity requirements 49.17.300 food storage, handling, and preparation 49.17.300 licensing, operation, and inspection 49.17.310 operation standards 49.17.320 Trade secrets, confidentiality of information 49.17.200 Variances for research, experiments or demonstrations for safety purposes 49.17.210 confidentiality of information 49.17.210 Variances from safety and health standards application 49.17.080 contents 49.17.080 hearing 49.17.090 modification 49.17.090 notice 49.17.090 order 49.17.090 procedure 49.17.090 revocation 49.17.090 Violations citations 49.17.120, 49.17.130 dangerous conditions 49.17.130 penalties civil 49.17.180 criminal 49.17.190 restraints, restraining orders, orders of immediate restraint 49.17.130 WISHA advisory committee 49.17.055 Worker and community right to know industrial safety and health act applies 49.70.180 Workers’ compensation, See INDUSTRIAL INSURANCE INDUSTRIAL WELFARE Annual report 49.12.180 Child labor laws violations appeals to director 49.12.400 civil penalties and restraining orders 49.12.390 criminal penalties 49.12.410 remedies in chapter are exclusive 49.12.420 Collective bargaining, rights of, not affected 49.12.187 Conditions of employment generally Ch. 49.12 wages 49.12.020 Definitions 49.12.005 Employer’s records of employees 49.12.050 Exemptions from chapter 49.12.185 Hearings 49.12.101 Investigation information, furnished to director 49.12.091 Investigation of wages, hours and working conditions 49.12.041 Minimum wages and working conditions penalty for violations 49.12.170 rules 49.12.091 Minors actors or performers, permits and variances 49.12.124 child labor laws violations of, civil penalties and restraining orders 49.12.390 information program, department of labor and industries duties 49.12.380 minimum wage 49.12.121 special rules 49.12.121 wages and working conditions 49.12.121 work permits 49.12.121 work permits required 49.12.123 Minors, employment of child labor laws, violations of, appeals to director 49.12.400 child labor laws, violations of, criminal penalties 49.12.410 child welfare laws, violations of, remedies in chapter are exclusive 49.12.420 Special certificate or permit 49.12.110 Variance orders 49.12.105 Wages, exceptions to minimum scale 49.12.110 INDUSTRIES, ASSOCIATION OF WASHINGTON Occupational and environmental research facility advisory committee 28B.20.456 INDUSTRY AND COMMERCE Artesian wells, provisions relating to use Ch. 90.36 Dislocated worker defined 50.04.075 Industrial development districts, See PORT DISTRICTS, subtitle Industrial development districts Regulatory fairness, See REGULATORY FAIRNESS Water appropriation for industrial purposes Ch. 90.16 Water pollution control Ch. 90.48 Water resources act Ch. 90.54 INFANTS (See also CHILDREN) Body of deceased infant, autopsy 68.50.100 Crib safety requirements civil actions 70.111.060 definitions 70.111.020 exemption 70.111.040 penalty for violations 70.111.030 remedies 70.111.070 unsafe cribs, definition and prohibition 70.111.030 Drug and alcohol-affected infants comprehensive plan 13.34.803 definition 13.34.801, 13.34.802 model project 13.34.800 study 13.34.805, 13.34.8051 Drug-affected babies, prenatal newborn screening Ch. 70.83E INFERIOR COURTS (See also JUSTICE AND INFERIOR COURTS ACT OF 1961; JUSTICES OF THE PEACE) Jurisdiction and powers Const. Art. 4 § 1, Const. Art. 4 § 10, Const. Art. 4 § 12 Legislature to provide for Const. Art. 4 § 1 Superior court appellate power over Const. Art. 4 §6 INFORMATION AND RESEARCH SERVICES Contracting for or purchasing of by school districts and educational service district superintendents of school 28A.320.110 INFORMATION SERVICES, DEPARTMENT OF Advisory committees 43.105.055 Board created 43.105.032 powers and duties 43.105.041 rulemaking authority 43.105.057 [RCW Index—page 371] INFORMATIONS Budget requests for major information technology projects evaluation of agency requests at request of office of financial management 43.105.180 Certain personnel, civil service exemptions 41.06.094 Community technology programs, web directory 43.105.360 Consumer protection web site 43.105.340 Contracts with state and local government 43.105.060 Created 43.105.047 Data processing revolving fund creation and use 43.105.080 Definitions 43.105.020 Director 43.105.047 Drivers’ license and identicard data furnished to, exception 46.20.157 Electronic signatures certification authority 43.105.320 Government information locator service pilot project 43.105.290 High-speed internet services request for information from providers 43.105.350 Information technology, decisions and plans 43.105.105 Information technology, preparation of agency portfolio and performance report 43.105.170, 43.105.172 Information technology, preparation of biennial state performance report on 43.105.160 Information technology projects evaluation of agency budget requests for major projects at request of office of financial management 43.105.180 funding policies and standards, duty of director of office of financial management to establish 43.88.560 standards and policies for planning, implementation, and evaluation of major projects 43.105.190 Interoperability executive committee, state 43.105.330 K-20 educational network board, membership and duties 43.105.800, 43.105.805 K-20 network technical steering committee 43.105.810 K-20 operations cooperative 43.105.815 K-20 technology account 43.105.830 K-20 telecommunications network education technology revolving fund 43.105.835 oversight and planning coordination 43.105.825 technical plan 43.105.820 Legislative intent 43.105.017 Management and oversight structure 43.105.095 Powers and duties 43.105.052 Purpose 43.105.005 Rulemaking authority 43.105.057 State agency data processing expenditures authorization by legislature required, penalties for violations 43.105.210 Strategic information technology plan, state preparation and submission 43.105.160 INFORMATIONS Animals, description of 10.37.070 Certainty required 10.37.054 Charge must be by information or indictment Const. Art. 1 § 25 exceptions 10.37.015 Consolidation 10.37.060 Construction statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 Contents, necessary 10.37.052 Defects and imperfections deemed immaterial 10.37.056 Defendants joinder of 10.37.060 [RCW Index—page 372] naming of 10.37.054 Demurrer to grounds 10.40.110 overruling demurrer failure to plead over, judgment on demurrer 10.40.140 pleading of defendant 10.40.140 sustaining demurrer when final judgment, discharge of defendant 10.40.120 when not final, not bar to subsequent prosecution 10.40.125 Forgery, description of instrument subject to which is destroyed or withheld 10.37.080 Injury to person, erroneous allegation as to person injured immaterial 10.37.090 Inserting true name during trial 10.46.060 Joinder of defendants 10.37.060 Judgments, pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 Larceny, description of money or securities 10.37.110 Libel, how pleaded 10.37.120 Motion to set aside overruling motion, effect 10.40.100 sustaining motion, no bar to future prosecution 10.40.090 Name, inserting true name during trial 10.46.060 Nuisances, contempt for violation of injunction 7.48.080 Obscene literature, describing 10.37.130 Offenses may be prosecuted by Const. Art. 1 § 25 Parties, naming of 10.37.054 Perjury, description of 10.37.140 Pleas to guilty defendant only in open court may plead guilty 10.40.170 not guilty denies each and every allegation in indictment or information 10.40.180 refusal to answer, plea of not guilty entered 10.40.190 Preliminary hearings, statement of prosecuting attorney if information not filed 10.16.110 Presumptions of law, averments 10.37.150 Public nuisance, authorized 7.48.200 Quo warranto proceedings annul or vacate patent, certificate or deed 7.56.140, 7.56.150 contents of information 7.56.030 escheats and forfeitures, recovery of 7.56.120 filed on relation of private person, costs 7.56.130 grounds for filing 7.56.010 information filed by prosecuting attorney, costs 7.56.130 persons against whom may be filed 7.56.010 persons who may file 7.56.020 requisites when ground is usurpation of office 7.56.040 Separation into counts 10.37.060 Statutes exact wording not necessary 10.37.160 private, how pleaded 10.37.170 Sufficiency requirements 10.37.050 Untried informations against imprisoned person disposition of provided for 9.98.010, 9.98.020, 9.98.030, 9.98.040 Untried informations against imprisoned person, See also DETAINERS, INTERSTATE Variances dismissal for, not a bar 10.40.125 INFORMED CONSENT Health care 7.70.065 INFRACTIONS Boating safety laws decriminalization of certain offenses Ch. 7.84 Civil infractions Ch. 7.80 Natural resource infractions Ch. 7.84 Traffic, See TRAFFIC INFRACTIONS INHERITANCE (See also DESCENT AND DISTRIBUTION; PROBATE; WILLS) Children by 11.04.081 from 11.04.081 Real property, technical words of, fee simple estate 64.04.060 Registered land, registration of 65.12.580 INHERITANCE TAX (See TAXES ESTATE AND TRANSFER) INITIATIVE AND REFERENDUM (See also ELECTIONS) Ballots where conflicting measures are submitted Const. Art. 2 § 1 Change or amendment of, prohibition against Const. Art. 2 § 1 Cities and towns cities with commission form of government, ordinances subject to 35.17.220, 35.17.240 first class cities, charter provisions 35.22.200 ordinances by petition, commission government cities 35.17.260, 35.17.270, 35.17.280, 35.17.290, 35.17.300, 35.17.310, 35.17.330, 35.17.340, 35.17.350, 35.17.360 Conflicting measures, method of submitting to popular vote Const. Art. 2 § 1 Effective date of acts or bills subject to referendum Const. Art. 2 § 41 Effective date of measure after approval on submission to the people Const. Art. 2 § 1 Elections Const. Art. 2 § 1 amendment or repeal of bills approved by electors Const. Art. 2 § 41 majority vote as required for approval of measure submitted Const. Art. 2 § 1 special, regular, reference of measures to people at Const. Art. 2 § 1 Exceptions from power of referendum Const. Art. 2 § 1 Expenditure limitations Ch. 43.135 Filings petition Const. Art. 2 § 1 referendum petition against part of bill, effect Const. Art. 2 § 1 requisites Const. Art. 2 § 1 time for filing proposed measures and petitions Const. Art. 2 § 1 Forgery of petition, misconduct concerning, penalty 9.44.080 Initiative 601, state expenditure and taxation limits, See EXPENDITURES Legislature member of, retains right to introduce measure Const. Art. 2 § 1 proposal of different measure by legislature Const. Art. 2 § 1 referendum through action of Const. Art. 2 § 1 rejection of initiative measure by Const. Art. 2 §1 repeal of bill approved Const. Art. 2 § 41 transmitting petition to Const. Art. 2 § 1 Noncharter code cities, in 35A.11.080, 35A.11.090, 35A.11.100 Petitions for referendum forgery or misconduct, penalty 9.44.080 Petitions to legislature, initiative precedence over other bills Const. Art. 2 § 1 rejected or not acted upon by legislature Const. Art. 2 § 1 transmission to legislature Const. Art. 2 § 1 Petitions to people, initiative form Const. Art. 2 § 1 reservation by the people of the power of Const. Art. 2 § 1 Precedence of initiative measures over other bills Const. Art. 2 § 1 Public institutions, exception from power of referendum of bills affecting Const. Art. 2 § 1 Publication Const. Art. 2 § 1 (2008 Ed.) INJUNCTIONS Referendum by legislature power of, exceptions Const. Art. 2 § 1 Secretary of state filing of proposals and petitions with Const. Art. 2 § 1 general laws governing Const. Art. 2 § 1 State initiative and referendum Ch. 29A.72 Style of bill proposed by initiative petition Const. Art. 2 § 1 Taxation business and occupation increase 35.21.706 Veto power of governor as extending to measures Const. Art. 2 § 1 Water pollution control facilities bond issues Ch. 90.50 INJUNCTIONS (See also RESTRAINING ORDERS) Abatement of malicious structures 7.40.030 Abuse of dependent adults interference with investigation 74.34.080 Actions, injunction to prevent interference with 7.40.020 Actions for recovery of real property, damages on stay of proceedings 7.40.200 Actions to defeat assessment sales 35.44.190 Advertising, injunction or restraining action against false or deceptive advertising 9.04.060 Affidavits disobedient contempt shown by 7.40.150 motion to reinstate injunction 7.40.210 reading of on hearing 7.40.060 Agencies, children, expectant mothers, developmental disabilities, licensing, enforcement 74.15.140 Agricultural marketing fair practices, injunctions to enjoin violations 15.83.090 Alcoholic beverage violations 66.36.010 Animal facilities injunctive relief to prevent harassment or occurrence of tort 4.24.580 Appearance, contempt for disobedience, bond for 7.40.170 Apple commission 15.24.210 Arrest, contempt of court for disobedience 7.40.160 Attachment, contempt for disobedience 7.40.150, 7.40.160, 7.40.170 Banks or trust companies enforcement of temporary cease and desist orders 30.04.465 setting aside temporary cease and desist orders 30.04.460 unsound or illegal practices judicial review of administrative proceedings 30.04.475 Bonds contempt for disobedience of injunctions 7.40.170 damages and costs 7.40.080, 7.40.090 effect 7.40.130 public construction contracts 7.40.085 public construction contracts 7.40.085 state not required to furnish 4.92.080 Business opportunity fraud 19.110.160 Certification, order of injunction 7.40.100 Cities and towns bringing to defeat assessment sales, grounds 35.44.190 water pollution 35.88.070 Clerks of court bond for damages and costs 7.40.080 contempt for disobedience, issuance of attachment or order by clerk 7.40.150 disposition of money collected on stay of 7.40.140 order of injunction certification of 7.40.100 issuance 7.40.100 Collection agencies 19.16.460, 19.16.480 Commercial telephone solicitations 19.158.090 (2008 Ed.) Commitment, default on bond in contempt for disobedience 7.40.170 Complaints, stay of proceedings 7.40.110 Contempt of court for disobedience 7.40.150, 7.40.160, 7.40.170 Controlled atmosphere storage of fruits and vegetables 15.30.220 Controlled substances, violations 69.50.503 Costs bond 7.40.080 covering on contempt for disobedience 7.40.170 obscene materials, injunction against, prosecuting attorney not liable for costs 7.42.050 Court of appeals, limitation on jurisdiction 2.06.030 Creditors, temporary injunction 7.40.020 Criminal records, dissemination of 10.97.110 Dairy products commission 15.44.180 Damages bond 7.40.080 covering on contempt for disobedience 7.40.170 contempt for disobedience 7.40.160 dissolution of injunction to stay judgment 7.40.190, 7.40.200 Debts, damages for dissolution of injunction to stay judgment of 7.40.190 Defaults, bond on contempt for disobedience 7.40.170 Depositions, motion to reinstate injunction 7.40.210 Diking districts, court powers in regard to 85.05.420 Dissolution, motion, by 7.40.020 Drainage districts, court powers in regard to 85.06.400 Drugs damages not precluded 7.43.130 forfeiture, proceeds 7.43.100 lien 7.43.120 nuisances 7.43.010, 7.43.020, 7.43.030, 7.43.040, 7.43.050, 7.43.060, 7.43.070, 7.43.110, 7.43.120, 7.43.130 Elevators, lifting devices, and moving walks injunction for operation without permit 70.87.140 Emergencies, restraining orders 7.40.050 Employment agencies 19.31.230 Energy facility site locations, permit requirements, injunctions against violations 80.50.150 Evidence, motion to reinstate injunction 7.40.210 Factory built housing and commercial structures injunction against installation of substandard housing 43.22.465 Farm labor contractors 19.30.180 Fish marketing associations contracts 24.36.450 Franchise investments 19.100.210 Fresh fruit sales limitation act 15.21.050 Grounds 7.40.020 Hazardous waste disposal attorney general, authority 70.105.120 Health care facilities certificate of need 70.38.125 Hearings 7.40.060 motion to reinstate injunction 7.40.210 Honey bee commission 15.62.230 Horticultural grades and packs 15.17.260 Horticultural plants and facilities 15.13.450 Indemnity, damages on contempt for disobedience 7.40.160 Industrial insurance, delinquent employers 51.16.150 Industrial safety and health act 49.17.170 Insurance code violations, power of commissioner 48.02.080 Insurance company delinquency proceedings 48.31.200 Issuance and service on nonjudicial days Const. Art. 4 § 6 Judges of superior courts power to grant 7.40.010 Judgments injunction to prevent interference with 7.40.020 injunction to prevent proceedings on 7.40.020 obscene materials 7.42.030 release of errors in on stay of proceedings after 7.40.110 stay of proceedings after 7.40.110 damages on dissolution 7.40.190, 7.40.200 disposition of money collected 7.40.140 vacation or modification of injunction to suspend proceedings 4.72.070 Jurisdiction to grant 7.40.010, Const. Art. 4 § 6 Justification, bond for damages and costs 7.40.080 Labor disputes generally Ch. 49.32 grounds for 49.32.072, 49.36.015 Labor disputes, See also LABOR, subtitle Injunctions Law, unlawful practice 2.48.180 Legal holidays hearing applications and issuance 2.28.100 issuance of on 2.08.010, Const. Art. 4 § 6 Limited liability companies, foreign 25.15.345 Malicious structures 7.40.030 Mandatory injunctions, malicious erection of structures 7.40.030 Milk and milk products 15.36.481 Milk and milk products for animal food 15.37.130 Milk pooling act 15.35.290 Modification, motion, by 7.40.020 Money, collected on stay of proceedings, disposition of 7.40.140 Moral nuisances may be enjoined 7.48.056 Mortgage brokers, violations 19.146.227 Motion picture fair competition act, violations 19.58.050 Motions dissolve or modify injunction 7.40.020, 7.40.180 reinstate injunction 7.40.210 Notices application for injunction required 7.40.050 service of, effect 7.40.130 motion to dissolve or modify injunction 7.40.180 Nuclear energy and radiation, compliance with law 70.98.140 Nuisances authorized, when 7.48.020 moral nuisances abatement by owner of property, release of property 7.48.068 application for temporary injunction 7.48.060 bond 7.48.058 release of property to innocent owner 7.48.068 complaint 7.48.060 costs, taxing of 7.48.076 costs of abatement, lien on property 7.48.090 damages, amount to be paid to city and county governments 7.48.090 dismissal, condition 7.48.076 effect of admission or guilt in criminal proceedings 7.48.072 immunity from prosecution of public officials 7.48.058 judgment 7.48.076 bond, renewal 7.48.078 costs 7.48.078 order of abatement 7.48.078 penalty 7.48.078 property, disposition, sale, destruction 7.48.078 release of property to innocent owners 7.48.078 jurisdiction 7.48.060 [RCW Index—page 373] INJURIES may be enjoined 7.48.056 persons authorized to maintain action 7.48.058 priority of action on calendar 7.48.070 procedure when allegations are sustained 7.48.066 reputation, as evidence, admissibility 7.48.074 temporary injunction hearing procedure, consolidation with trial on merits 7.48.064 restraining order pending hearing 7.48.062 violations, penalty 7.48.080 places of prostitution, assignation or lewdness, against 7.48.110 Nursery dealers without valid license 15.13.455 Obscene materials exemptions 7.42.070 judgment 7.42.030 jurisdiction of superior courts to enjoin 7.42.010 jury trial 7.42.030 knowledge of contents presumed 7.42.060 prosecuting attorney authorized to commence action 7.42.020 nonliability for costs or damages 7.42.050 surrender of materials to sheriff 7.42.040 Open public meeting law violations 42.30.130 Orders of court injunctions to prevent proceedings on 7.40.020 order of injunction binding effect of 7.40.120 certification 7.40.100 issuance 7.40.100 motion to reinstate 7.40.210 service unnecessary, when 7.40.100, 7.40.130 order to dissolve or modify injunction, suspension on motion to reinstate injunction 7.40.210 rule to show cause why contempt should not issue 7.40.150 vacation or modification of injunction to suspend proceedings 4.72.070 Pendente lite, See INJUNCTIONS, subtitle Temporary injunction Pesticide control act 15.58.340 Pesticides or devises 15.58.170 Planting stock 15.14.115 Platting, subdivision and dedication of land act, enforcement 58.17.200 Prevention of waste on public land, posting of bond 64.12.050 Profiteering 9A.82.090 Radioactive waste storage and transportation, violations 70.99.050 Railroad crossings, injunction against construction of illegal crossings 81.53.190 Real property, malicious erection of structures 7.40.030 Release of errors in judgment on stay of proceedings 7.40.110 Rents and profits, damages for on dissolution of injunction staying proceedings 7.40.200 Restraining orders bond for damages and costs 7.40.080 emergencies 7.40.050 power to grant 7.40.010 Security, damages on contempt for disobedience 7.40.160 Seed law violations 15.49.460 Service contempt for disobedience 7.40.150, 7.40.160 notice of application, effect 7.40.130 order of injunction 7.40.100 unnecessary, when 7.40.130 Sheriffs, contempt for disobedience, service of attachment or order 7.40.150 Show cause, contempt for disobedience 7.40.150 Soft tree fruits 15.28.280 Solar easements, interference with 64.04.170 [RCW Index—page 374] State department of social and health services, regulation of hospitals 70.41.160 State not required to furnish bond 4.92.080 Stay of proceedings damages for rents and waste 7.40.200 stay of judgment 7.40.110 damages on dissolution 7.40.190 disposition of money collected 7.40.140 Superior courts original jurisdiction of Const. Art. 4 § 6 power to grant 7.40.010, Const. Art. 4 § 6 Supplemental proceedings 6.32.120 service 6.32.130 Sureties bond for damages and costs 7.40.080, 7.40.090 bond on contempt for disobedience 7.40.170 Telecommunications fraud 7.40.230 Temporary injunction court commissioners bond approval power 2.24.040 power to issue 2.24.040 grounds 7.40.020 Terms and conditions may be imposed 7.40.070 Time of granting 7.40.040 Timeshares 64.36.220 Tolling statute of limitations of action 4.16.230 Unemployment compensation, contributions by employers 50.24.180 Utilities and transportation commission actions 80.04.260, 81.04.260 Vacation or modification of superior court judgment or orders, injunction to suspend proceedings 4.72.070 Verdicts, stay of proceedings after, damages on dissolution 7.40.200 Warehouses for storage of agricultural commodities enjoining of violations 22.09.870 Waste damages for dissolution of injunction staying proceedings 7.40.200 redemption period, during 6.23.100 Weights and measures violations 19.94.520 Writs of injunction, issuance not required 7.40.100 INJURIES (See also DAMAGES; PERSONAL INJURIES) Liability of landowner to outdoor recreation users limitation 4.24.210 purpose 4.24.200 Product liability actions Ch. 7.72 INJURIES TO PROPERTY (See DAMAGES; PERSONAL PROPERTY; REAL PROPERTY) INMATE WORK PROGRAMS (See CORRECTIONAL FACILITIES, subtitle Inmate work programs) INMATES (See CORRECTIONAL FACILITIES) INN KEEPERS (See HOTELS; LIENS, subtitle Inn keepers) INNS (See HOTELS; TRANSIENT ACCOMMODATIONS) INQUESTS (See also GRAND JURY) Fee of county coroner 36.18.030 Holding, discretionary 36.24.020 Jurors for authorized 2.36.020 duty 36.24.040 penalty for nonattendance 36.24.030 verdict 36.24.070 Physicians and surgeons, power to employ 36.24.060 Procedure accused at large 36.24.100 accused under arrest 36.24.090 Property of deceased delivery to county treasurer 36.24.130 representatives 36.24.150 treasurer’s duty 36.24.140 Recognizance and inquisition, delivery to superior court 36.24.090 Testimony reduced to writing 36.24.080 Verdict of jury 36.24.070 Warrants of arrest form 36.24.110 issuance 36.24.100 service 36.24.120 Witnesses power to summon 36.24.050 testimony reduced to writing 36.24.080 INSANE (See MENTAL ILLNESS) INSECTICIDES AND HERBICIDES (See PESTICIDES) INSECTS Bees, See BEES AND BEEKEEPING Beneficial insects, See LADYBUGS Honey bee commission Ch. 15.62 Horticultural pests and diseases Ch. 15.08 Insect pests forests and forest products, See FORESTS AND FOREST PRODUCTS, subtitle Diseases and insect pests liens for control of, See LIENS, subtitle Agricultural dusting and spraying Invasive species council Ch. 79A.25 Ladybugs and other beneficial insects, See LADYBUGS Mosquito control districts, organization and duties Ch. 17.28 Pest control compact Ch. 17.34 Pests and plant diseases, quarantine and regulation of movement Ch. 17.24 State insect 1.20.047 INSOLVENTS AND INSOLVENCY Assignment for benefit of creditors, See ASSIGNMENT FOR BENEFIT OF CREDITORS Banks federal deposit insurance company may be appointed as receiver for 30.44.270 insolvent banks receiving deposit 9.24.030 preferences prohibited, penalty 30.44.110 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 Banks, See also BANKS AND BANKING, subtitle Liquidation Fraudulent transfers Ch. 19.40 Insurance companies claims against, time for filing 48.31.310 Insurance companies, See also INSURANCE, subtitle Liquidation Jurisdiction over superior courts 2.08.010, Const. Art. 4 § 6 Mutual savings banks bank’s right to contest director’s possession 32.24.060 grounds for liquidation 32.24.050 insolvent bank receiving deposit, penalty 9.24.030 insolvent banks receiving deposit, penalty 32.04.120 liquidation procedure Ch. 32.24 transfers of assets when insolvent, penalty 32.24.080 Ne exeat 7.44.040 Police pensions in first class cities as exempt from operation of 41.20.180 Port and other districts, dissolution 53.48.060 Preferences banks, preferences prohibited, penalty 30.44.110 savings and loan associations, preferences prohibited, penalty 33.36.030 (2008 Ed.) INSTALLMENT SALES OF GOODS AND SERVICES trust companies, preferences prohibited, penalty 30.44.110 Priorities, labor claims 49.56.040 Public corporations, performing and fine arts programs, federal grants 35.21.750 Savings and loan associations, transfers for preference of creditors prohibited, penalty 33.36.030 Superior courts, original jurisdiction of 2.08.010, Const. Art. 4 § 6 Trust companies federal deposit insurance company may be appointed as receiver for 30.44.270 preferences prohibited, penalty 30.44.110 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 Unemployment compensation, lien for employer contributions 50.24.060 Wage priorities 49.56.010 INSPECTIONS Boilers and pressure vessels Ch. 70.79 Cities and towns, drawbridges, inspection upon completion 35.74.060 Dockets, inspection by public, when 4.64.060 Electricity, See ELECTRICITY, subtitle Inspections Elevators, escalators and dumbwaiters, See ELEVATORS, ESCALATORS AND DUMBWAITERS Explosives manufacturers, generally 70.74.110 Hazardous materials transportation motor carriers 46.48.185 Partition proceedings, accounts of proceeds from sale of property 7.52.430 INSTALLMENT SALES OF GOODS AND SERVICES Actions and proceedings declaratory judgments, excess service charges, limitation 63.14.152 venue, agreements concerning, effect 63.14.150 Allocation of payments, subsequent purchase 63.14.110 Assignment, buyer’s right not cut off by 63.14.020 Assignment of contract or charge agreement allowed 63.14.145 Attorney’s fee prohibited unless contract or charge agreement provides 63.14.090 Buyer, defined 63.14.010 rights of assignment does not cut off 63.14.020 declaratory judgment, excess service charge 63.14.152 Cancellation, procedure 63.14.154 Cash payments, receipt must be given for 63.14.100 Cemeteries prearrangement contracts 68.05.330 Charge agreement, defined 63.14.010 Claim or defense of buyer provision of contract or agreement that buyer agrees not to assert a claim or defense against seller void 63.14.150 venue, agreements concerning, effect 63.14.150 Compliance with truth in lending act deemed compliance with ch. 63.14 RCW 63.14.151 Consumer lease, not a retail installment contract 63.14.010 Consumer leases, See CONSUMER LEASES Contract, defined 63.14.010 Contracts defined 63.14.010 Contracts, See INSTALLMENT SALES OF GOODS AND SERVICES, subtitle Retail installment contract Damages, limitation 63.14.180 (2008 Ed.) Definitions 63.14.180 Delinquency charges limits on 63.14.090 Delinquency or collection charges prohibited unless contract or agreement so provides 63.14.090 Employment agency contracts, applicability 19.31.040 Excess service charge, declaratory judgment to establish, effect 63.14.152 Extension or deferment of payment, agreements, charges 63.14.156 Financial institution defined 63.14.010 Financial institution credit card agreement not applicable 63.14.165 Goods, defined 63.14.010 Insurance contract to contain amount, types, and terms 63.14.040 costs, maximum 63.14.140 procured by buyer or seller, contract or agreement to state 63.14.140 statements to be included in contract or agreement 63.14.140 Insurance premium finance company act, exemption for 48.56.030 Interest highest rate permissible published in Washington State Register 34.08.020 not subject to usury law 19.52.100 Lease-purchase agreement act violation is unfair or deceptive act or practice 63.19.110 Lease-purchase agreements advertising liability 63.19.090 requirements 63.19.090 application of lease-purchase agreement act 63.19.020 content restrictions 63.19.050 definitions 63.19.010 disclosure by lessor contents of agreement 63.19.040 requirements 63.19.030 new agreements renegotiation between same lessor and consumer disclosure requirements 63.19.080 events not considered renegotiation 63.19.080 receipts for payments lessor’s duty to provide 63.19.070 reinstatement by consumer terms 63.19.060 upholstered furniture or bedding used, sanitizing required before leasing 63.19.100 Lender credit card defined 63.14.010 Lender credit card agreement acts of buyer do not constitute waiver of rights or remedies 63.14.160 contract provision that buyer will not assert claim or defense is void 63.14.150 credit to account for returned goods, procedure 63.14.167 defined 63.14.010 delinquency charges limits on 63.14.090 delinquency or collection charges prohibited unless agreement provides 63.14.090 insurance, statements to be included in agreement 63.14.140 notice to buyer, mandatory provision of contract 63.14.120 security interests prohibited 63.14.125 service charge 63.14.130 seller to advise buyer 63.14.120 truth in lending act compliance 63.14.151 violations of chapter, remedy, recovery, etc. 63.14.180 Maximum service charge 63.14.040 New payment schedule, when authorized 63.14.159 Notice to buyer, mandatory contract provisions 63.14.040 Official fees contract to contain amount of 63.14.040 defined 63.14.010 violation of act by seller bars recovery of, exception 63.14.180 Payments cash payments, receipt must be provided 63.14.100 statement of dates and amounts of payments must be provided on request 63.14.100 Periodic time balances, defined, maximum 63.14.080 Person, defined 63.14.010 Prearrangement funeral service contracts 18.39.350 Prepayment of unpaid time balance authorized 63.14.080 refund credit, computation of 63.14.080 when permitted 63.14.080 Principal balance contract to contain 63.14.040 defined 63.14.010 Rate, defined 63.14.010 Receipts, cash payment, receipt must be provided 63.14.100 Refinancing agreements, costs, contents 63.14.150 Retail buyer, defined 63.14.010 Retail charge agreement assignees, usury law exclusion 19.52.130 assignment does not cut off rights 63.14.020 cancellation of contract, procedure 63.14.154 defined 63.14.010 notice to buyer, mandatory provision of contract 63.14.120 service charge seller to advise buyer 63.14.120 usury law exclusion 19.52.120 statements to be supplied buyer, contents 63.14.120 Retail installment contract assignees, usury law exclusion 19.52.130 assignment does not cut off rights 63.14.020 blank spaces, seller not to obtain signatures of buyer until filled in, exception 63.14.070 cancellation, procedure 63.14.154 catalog of seller, contract based upon, requirements 63.14.060 contained in more than one document, when permitted 63.14.050 single document 63.14.020 contents 63.14.040 dating of required 63.14.020 defined 63.14.010 delivery or mailing copy to buyer acknowledgment of delivery by buyer, size of type requirement for acknowledgment, exception for mail order catalog sales 63.14.030 buyer not obligated to pay other than sale price until receives copy 63.14.030 excess service charges, declaratory judgment to establish 63.14.152 extension or deferment of payments, agreement, charges 63.14.156 mail, contracts negotiated and entered into by 63.14.060 maximum service charge 63.14.040 mortgage on real property may be in separate document 63.14.020 motor vehicle purchase 63.14.043 printed or typed portion, size of type requirement 63.14.020 promissory note secured by chattel mortgage, note may be separate instrument 63.14.020 refinancing agreement, costs, contents 63.14.158 service charge [RCW Index—page 375] INSTITUTE OF FOREST RESOURCES maximum 63.14.130 usury law exclusion 19.52.120 signing by retail buyer required 63.14.020 usury law exclusion 19.52.120 Retail installment transaction, defined 63.14.010 Retail seller, defined 63.14.010 Revolving charge agreement, defined 63.14.010 Sale, transfer, or assignment of contract or charge agreement allowed 63.14.145 Sale price contract to contain 63.14.040 defined 63.14.010 Sales receipts restrictions 63.14.123 Seller, defined 63.14.010 Service charge advising buyer by seller required 63.14.120 contract to contain 63.14.040 defined 63.14.010 excessive, declaratory judgment to establish 63.14.152 extension or deferral 63.14.156 maximum, contract to contain 63.14.040 payment of total unpaid balance, seller to advise buyer of rights 63.14.120 prepayment, allowable charge 63.14.080 subsequent purchases 63.14.110 violation of act by seller bars recovery of, exception 63.14.180 Services, defined 63.14.010 Subsequent purchases allocation of payment 63.14.110 consolidation with previous contracts 63.14.110 memorandum to be provided by seller 63.14.110 Telephone catalog orders, contracts negotiated and entered into by 63.14.060 Three-day period for cancellation of transaction 63.14.154 Time balance, defined 63.14.010 Transfer of contract or charge agreement allowed 63.14.145 Unconscionable transactions, judicial actions 63.14.136 Usury, exclusion 19.52.100 Venue, agreements concerning, effect 63.14.150 Violations assurance of discontinuance of violations, acceptance by attorney general, failure to perform terms of assurance 63.14.200 attorney general or prosecuting attorney may bring action to restrain and prevent 63.14.190 bars recovery of service charge, official fees, or delinquency or collection charges, exception 63.14.180 civil penalty 63.14.210 criminal penalty 63.14.170 penalty 63.14.170 remedies, limitations on 63.14.175 Waiver, act or agreement of buyer cannot waive provisions of act or other remedies 63.14.160 INSTITUTE OF FOREST RESOURCES Provisions relating to Ch. 76.44 INSTITUTIONS Closure, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Economic impact act Correctional institutions, See CORRECTIONAL FACILITIES Hospitals for insane, commitment applications, court commissioners’ powers to hear and determine 2.24.040 Mentally ill, See HOSPITALS FOR MENTALLY ILL Superintendents single executive may serve for multiple institutions 43.20A.607 Workshops preference to nonprofit shelters to provide services 43.20A.445 [RCW Index—page 376] training, habilitation, and rehabilitation of residents 43.20A.445 INSTITUTIONS OF HIGHER EDUCATION (See COLLEGES AND UNIVERSITIES; COMMUNITY AND TECHNICAL COLLEGES) INSTRUMENTS (See also CONVEYANCES; DEEDS; NEGOTIABLE INSTRUMENTS) Filing of, See RECORDING AND FILING Probate, pre-executed, application and construction of chapter 117, Laws of 1974 extraordinary session 11.02.080 Recording of, See RECORDING AND FILING Validation by special act forbidden Const. Art. 2 § 28 Written forgery 9A.60.020 obtaining a signature by deception or duress 9A.60.030 INSUFFICIENT EVIDENCE Nonsuit, ground for 4.56.120 INSURANCE Accident and health insurance, See INSURANCE, subtitle Disability insurance Actions and proceedings existing at time of code adoption, continuation of 48.01.130 limitation, See INSURANCE, subtitle Limitation of actions process, service of, See INSURANCE, subtitle Service of process stay of action, pending appeal 48.04.140 venue of, actions against insurers 48.05.220 Actuaries, rating organizations, purchase of services 48.19.260 Acupuncture, insurance coverage not mandatory 18.06.200 Adjusters Ch. 48.17 examination of transactions of 48.03.020 examinations for license manual for applicants 48.02.180 Adjusters, See also INSURANCE, subtitle Agents, brokers, solicitors, and adjusters Administrative supervision, See INSURANCE, subtitle Insurers Admission of insurers, See INSURANCE, subtitle Certificates of authority Adopted children coverage 48.01.180 health care 48.20.500, 48.21.280, 48.44.420, 48.46.490 Advertisements assets, owned only 48.30.070 false deceptive or misleading, prohibited 48.30.040 regarding insurance 48.06.190 financial condition 48.30.070 guaranty associations, sales activities prohibited 48.30.075, 48.32A.185 name and domicile, must show 48.30.050 solicitations in other states 48.07.150 Advertising and prospectus, organization of insurers, filing with commissioner 48.06.040 Advertising health care services 48.44.110 Advisory committees, reciprocal insurers 48.10.230 Advisory organizations definition 48.19.320 disqualification of data 48.19.350 examination of, in general 48.03.010 practices of, desist order 48.19.340 qualification 48.19.330 Affidavits examination by examining bureau 48.19.410 Agents, brokers, solicitators, and adjusters [Insurance producers, title insurance agents, and adjusters] Ch. 48.17 Aircraft insurance exemption from rate filing 48.19.010 surplus line 48.15.160 memorandum of or duplicate policy, requirement for, contents and delivery 48.18.260 Alien insurers application of chapter 48.35.010 assets amounts required 48.05.090 conservation of grounds for 48.31.090 order for 48.31.100 deposit of, in general 48.05.090 special deposits, exclusion of 48.05.270 Canadian or Mexican insurer United States manager provisions applicable insurer’s officers 48.35.160 capital funds determination of 48.05.270 certificate of authority mandatory revocation or suspension, when 48.05.130 prerequisite 48.05.105 conservation of assets of 48.31.090, 48.31.100 defined 48.05.010 definition 48.35.010 deposit resolution for 48.05.100 special 48.05.270 deposit of assets amount of deposit 48.35.020 assignment or transfer of, commissioner’s approval required 48.35.120 compensation and expenses of trustee 48.35.150 continuation of trusts created before May 17, 1991 48.35.040 creation, commissioner’s approval of trust agreement required 48.35.060 examination by commissioner 48.35.120 maintenance of deposit 48.35.030 substitution of trustee 48.35.140 trustee’s recordkeeping duties 48.35.100 trustee’s statement, filing requirements 48.35.110 vesting of trusteed assets 48.35.090 withdrawals, commissioner’s approval required 48.35.130 domestication agreement commissioner’s approval of corporate proceedings 48.35.190 necessary authorizations 48.35.180 domestication of insurer commissioner’s approval required 48.35.170 deposits, effect on 48.35.200 transfer of assets 48.35.200 when effective 48.35.200 investments of 48.13.360 jurisdiction of state courts, procedure 48.05.215 liquidation ancillary, order of 48.31.100 generally 48.31.070 Mexican or Canadian insurer United States manager provisions applicable insurer’s officers 48.35.160 nonassessable policies mutuals 48.09.270 reciprocals 48.10.300 process against commissioner attorney for 48.05.200 service 48.05.200, 48.05.210 retaliatory provisions 48.14.040 service of process upon, procedure 48.05.215 state authorization to conduct business required 48.35.050 trust agreement amendment of 48.35.070 creation, commissioner’s approval of trust agreement required 48.35.060 vesting of trusteed assets 48.35.090 withdrawal of commissioner’s approval 48.35.080 (2008 Ed.) INSURANCE trusteed assets amount of deposit 48.35.020 assignment or transfer of, commissioner’s approval required 48.35.120 compensation and expenses of trustee 48.35.150 continuation of trusts created before May 17, 1991 48.35.040 creation, commissioner’s approval of trust agreement required 48.35.060 examination by commissioner 48.35.120 maintenance of deposit 48.35.030 substitution of trustee 48.35.140 trustee’s recordkeeping duties 48.35.100 trustee’s statement, filing requirements 48.35.110 vesting of trusteed assets 48.35.090 withdrawals, commissioner’s approval required 48.35.130 United States manager provisions applicability to officers of Mexican or Canadian insurer 48.35.160 Annual meetings domestic insurers 48.07.040 notice of, domestic mutuals 48.09.140 Annual statement convention blanks, procurement 48.02.150 filing, fee 48.05.250 of insurers, contents, filing 48.05.250 reciprocals, making and filing 48.10.180 tax statement included 48.14.030 Annuities, variable contracts, See INSURANCE, subtitle Life insurance, variable contracts Annuity contracts age and sex, misstatement of 48.23.180 benefits additional 48.23.510 anniversary date 48.23.500 calculation 48.23.500 cash surrender minimum 48.23.440, 48.23.460 optional maturity dates 48.23.480 certain insurance types excluded 48.23.420 charitable annuities, certain exempt 48.23.010 contracts without cash surrender 48.23.470 prominent notice in contract 48.23.490 death benefits 48.23.470 prominent notice in contract 48.23.490 death benefits 48.23.440 cash surrender minimum 48.23.460 optional maturity dates 48.23.480 dividends 48.23.190 entire contract 48.23.170 exemption of proceeds 48.18.430 forfeitures, See INSURANCE, subtitle Annuity contracts, nonforfeiture benefits grace period 48.23.150 incontestability 48.23.160 individual deferred nonforfeiture benefits 48.23.200 limitation of liability 48.23.260 minimum nonforfeiture amounts 48.23.440 nonforfeiture benefits 48.23.200 calculation of 48.23.360 optional maturity dates 48.23.480 paid up annuity and cash surrender provisions required 48.23.430 paid up annuity benefit minimum present value 48.23.450 reinstatement 48.23.210 reversionary annuities reinstatement 48.23.240 standard provisions cases in which same as for other annuities 48.23.230 reinstatement 48.23.240 required 48.23.220 standard provisions age and sex, misstatement of 48.23.180 dividends 48.23.190 entire contract 48.23.170 grace period 48.23.150 (2008 Ed.) incontestability 48.23.160 nonforfeiture benefits 48.23.200 reinstatement 48.23.210 required 48.23.140 structured settlement protection Ch. 19.205 variable, mandatory and permissive provisions 48.18A.050 Annuity corporations charitable gift annuities Ch. 48.38 Annulment, disability insurance, prohibition of retroactive 48.18.320 Anti-compact law 48.30.020 Appeals health care service contractors 48.44.170 Applications for insurance alteration 48.18.070 attachment to policy, requirement of 48.18.080 evidence 48.18.080 false statements, effect on recovery 48.18.090 form of disapproval, grounds for 48.18.110 forms filing and approval certification and noncertification 48.18.100 husband and wife 48.18.060 minors 48.18.060 misrepresentations in effect in general 48.18.090 prohibited 48.30.210 persons required to make 48.18.060 required, when 48.18.060 warranties and representations in 48.18.090 Arson cancellation of policy conditions 48.53.030 procedure 48.53.040, 48.53.050 classification of areas 48.53.020 fraud 48.53.010 Arson investigation information system 43.43.952 Articles of incorporation amendment, domestic insurers 48.07.070 general provisions 48.06.200 organization of insurers, filing 48.06.040 Assessments liquidation and rehabilitation proceedings, generally 48.31.320, 48.31.330, 48.31.340, 48.31.350, 48.31.360 mutual insurers, See INSURANCE, subtitle Mutual insurers reciprocals, See INSURANCE, subtitle Reciprocals Assets advertisements of, generally 48.30.070 alien insurers, See INSURANCE, subtitle Alien insurers bonds, valuation of 48.12.170 conservation of, See INSURANCE, subtitle Liquidation contingent liability as, domestic mutuals 48.09.250 defined 48.12.010 deposits, special for alien insurers 48.05.270 distribution of mutual insurers 48.09.360 reciprocals 48.10.320 not allowed 48.12.020 property, valuation of 48.12.190 purchase money mortgages, valuation of 48.12.200 reporting of material transactions 48.05.510, 48.05.515, 48.05.520, 48.05.525, 48.05.530, 48.05.535 share of members of domestic mutuals 48.09.360 subscribers of reciprocals 48.10.320 stocks, valuation of 48.12.180 Assigned risks casualty insurers, plans for 48.22.020 rates 48.19.400 Assignment of interests under group policies 48.18.375 life and disability policies, generally 48.18.360 Attorney, commissioner as, for foreign, alien and reciprocal insurers 48.05.200 Attorney general, duty to represent commissioner 48.02.080 Attorney-in-fact, reciprocals, See INSURANCE, subtitle Reciprocals Audit, examination 48.03.010 Auto transportation company requirements 81.68.060, 81.68.065 Automobile insurance, See INSURANCE, subtitle Motor vehicle insurance Autopsy of the insured, disability insurance 48.20.132 Aviation, limitation of liability for group life 48.24.210 industrial life 48.25.230 life insurance 48.23.260 Bail bond insurance defined 48.11.080 Banks burglary, theft, robbery, insurance against required 30.12.030 insurance agents 30.04.127 Basic health plan administration, staff, technical advisory committees 70.47.040 administrator, power and duties 70.47.120 administrator, powers and duties 70.47.060 annual reporting requirement 70.47.170 availability, notice 50.20.210, 51.28.090, 74.04.033 benefits from other coverages not reduced 70.47.070 contracts for services 70.47.120 coordinate with managed health care system projects 74.09.522 definitions 70.47.020 eligibility determination and coordination 70.47.010 enrollee premium share 70.47.015 enrollment, participation limitations 70.47.080 exemption from insurance code 70.47.130 expedited application and enrollment process 70.47.015 legislative findings and purpose 70.47.010 managed health care systems participation 70.47.100 medical assistance recipients enrollment 70.47.110 medical records confidentiality 70.47.150 mental health services definition, coverage required 70.47.200 rules, authority to adopt 70.47.201 powers, duties, and functions transferred to health care authority 70.47.005 proprietary information submitted to support rate filing confidentiality 70.47.150 prostate cancer screening 70.47.210 removal of enrollees 70.47.090 rights of individuals to receive services 70.47.160 rights of providers and facilities to refuse to participate in services for reason of conscience or religion 70.47.160 rules 70.47.050 subscription account 70.47.030 timber impact areas, enrollment of persons in 70.47.115 title producers 70.47.015 trust account 70.47.030 Beneficiaries disability insurance change of 48.20.152 standard provision regarding 48.20.152 group life insurance 48.24.160 industrial life insurance, standard provision regarding 48.25.150 life insurance, generally 48.18.440 [RCW Index—page 377] INSURANCE Binders defined 48.18.230 duration and premium 48.18.230 insurance producer’s or title insurance agent’s liability on 48.18.240 receipt, contents 48.18.220 receipt of premium binds 48.18.220 surrender of 48.18.300 Blanket policy, See INSURANCE, subtitle Group disability insurance Bonds bail bond insurance, See INSURANCE, subtitle Bail bond insurance investments in, See INSURANCE, subtitle Investments Broker-controlled property and casualty insurers [Producer-controlled property and casualty insurers] Ch. 48.97 Brokers, See INSURANCE, subtitle Agents, brokers, solicitors, and adjusters Buildings leased by cities and towns 35.42.050 Bylaws domestic mutuals in general 48.09.130 filing 48.05.070 organization of insurers, filing 48.06.040 policies, how included in policies 48.18.160 Canadian securities, investment in 48.13.180 Cancellation rider, health care 48.46.500 Cancellation of policies automobile insurance policies 48.18.291, 48.18.292, 48.18.293, 48.18.295, 48.18.296, 48.18.297 commissioner 48.18.310 disability insurance, optional standard provisions for 48.20.242 disability policies 48.18.299 release of premium, notice, when 48.20.013 insured 48.18.300 insurer 48.18.290 nonpayment of premium finance company charges, procedure 48.56.110 notice 48.18.289, 48.30.320 rider, health care 48.20.510, 48.21.290, 48.44.430 when 48.18.310 Capital and surplus requirements amounts 48.05.340 risk-based capital, reporting and control 48.05.430, 48.05.435, 48.05.440, 48.05.445, 48.05.450, 48.05.455, 48.05.460, 48.05.465, 48.05.470, 48.05.475, 48.05.480, 48.05.485, 48.05.490 Capital funds alien insurers, determination of 48.05.270 defined 48.05.060 insurers, requirement 48.05.040 Capital stock impairment of, domestic stock insurers 48.08.050 increase of, domestic insurers 48.08.010 reduction of, domestic insurers 48.08.020 illegal reductions 48.08.040 Cash surrender standard nonforfeiture law 48.76.020 Cash surrender, See also INSURANCE, subtitle Surrender value Casualty insurance assigned risk plan 48.22.020 automobile insurance cancellation 48.18.291 exceptions permitted 48.18.296 limitation on liability of insurance commissioner for transmittal of cause for cancellation 48.18.293 employment driving record, consideration of prohibited 48.30.310 nonrenewal exceptions permitted 48.18.296 limitation on liability of insurance commissioner for transmittal of cause for nonrenewal 48.18.293 [RCW Index—page 378] premium, deductible changes 48.18.292 notice of cancellation 48.18.291 nonrenewal 48.18.292 private passenger automobile, defined 48.18.297 banks 30.12.030 broker-controlled property and casualty insurers, See INSURANCE, subtitle Broker-controlled property and casualty insurers defined 48.11.070 insurer authorized to transact disability and liability insurance 48.05.350 transaction of additional kinds of insurance without special surplus prohibited 48.05.360 trust companies 30.12.030 underinsured, insolvent, phantom, or hit and run motor vehicle coverage provided, exception claims 48.22.030 underinsured, insolvent or hit and run motor vehicle coverage provided, exception 48.22.040 Casualty rate filing, credit 48.19.450 Cease and desist orders 48.02.080 Certificate of exemption for charitable gift annuity business Ch. 48.38 Certificates, use as evidence 48.02.130 Certificates of authority alien insurers assets for 48.05.090 requirements, exception 48.05.105 amendment 48.05.120 application for, specific requirements 48.05.070 contents 48.05.030 deposit for, foreign insurers 48.05.080 duration 48.05.120 existing at time of code adoption, continuation of 48.01.110 expiration 48.05.120 fine in addition or in lieu of suspension, revocation or refusal 48.05.185 governmentally owned insurers 48.05.045 issuance of, reciprocals 48.05.110, 48.10.110 mutual insurers, See INSURANCE, subtitle Mutual insurers nonprofit corporations, filing 24.03.332, 24.03.334 nonprofit miscellaneous and mutual corporations 24.06.367, 24.06.369 notice of refusal, revocation, or suspension 48.05.180 qualifications for, generally 48.05.040 reciprocal insurers 48.10.110 refusal discretionary, grounds 48.05.140 required, grounds 48.05.130 time for 48.05.110 renewal 48.05.120 refusal to renew, notice of intent 48.05.150 refused, notice 48.05.180 required, when 48.05.030 revival following revocation, etc. 48.05.170 revocation grounds for compulsory 48.05.130 discretionary 48.05.140 reciprocals, failure of attorney 48.10.110 nonpayment of taxes 48.14.060 notice 48.05.150, 48.05.180 surplus funds for mutual insurers, See INSURANCE, subtitle Mutual insurers suspension duration 48.05.160 grounds for compulsory 48.05.130 discretionary 48.05.140 notice 48.05.150, 48.05.180 Certificates of renewal 48.18.280 Certified health plans certification required to provide the uniform benefits package and supplemental benefits 43.72.090 premiums and prepayments tax 48.14.0201 uniform benefits package disapproval by legislature, submission of modified package by health services commission 43.72.180 uniform benefits packages constitutes minimum benefits that may be offered by plan 43.72.090 Certified health plans, See also HEALTH SERVICES COMMISSION Charitable gift annuities exemption from certain provisions 48.38.040 generally Ch. 48.38 minimum unrestricted net assets 48.38.012 prohibited activities 48.38.042 reserve fund 48.38.020 Charter defined 48.05.050 filing 48.05.070 policies, how charter included in 48.18.160 Chattel mortgages durable equipment, defined 48.13.150 investments in 48.13.110, 48.13.150 Chemical dependency defined 48.21.195, 48.44.245, 48.46.355 rules 48.21.197 Chiropractors health care coverage to include exceptions 48.44.310 payment, parity 48.43.190 reimbursement, provider agreement 48.43.083 Cities and towns employees, participation in state insurance program 41.04.205 officials and employees, liability insurance, authority to purchase for 35.21.205 Claims adjustment of, necessity for certificate of authority 48.05.030 administration of, waiver, when 48.18.470 false, penalty 48.30.230 forms, standard provisions for 48.20.092 insolvent insurers, time for filing 48.31.310 investigation, effect of commencing 48.18.470 liquidation, See INSURANCE, subtitle Liquidation notice of, standard provisions for 48.20.082 possession by director, expenses of possession and winding up, first charge against assets 30.44.130 proofs of, insurer to furnish forms 48.18.460 receipt of, effect of acknowledgment 48.18.470 rehabilitated or liquidated insurers, assessments to pay 48.31.320 Code actions and proceedings 48.01.130 constitutionality 48.01.090 credit insurance provisions 48.34.020 definitions for, generally Ch. 48.01 effective date 48.01.170 forms, existing 48.01.120 general provisions regarding Ch. 48.01 licenses, existing 48.01.110 officers, existing 48.01.100 publication and sale of 48.02.180 rule of construction, particular provisions prevail 48.01.150 supplements, publication and sale of 48.02.180 violations, duty of commissioner to certify 48.02.080 Collateral loans, See INSURANCE, subtitle Investments Collateral protection or vendor single-interest coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 (2008 Ed.) INSURANCE Colleges and universities officers, employees, and students 28B.10.660 Colorectal cancer 48.43.043 Combination policies, generally 48.18.250 Combinations in restraint of trade 48.30.020 Commercial bribery defined 9A.68.060 Commercial property casualty insurance issuance prior to filing, conditions 48.18.103 policy forms 48.19.043 Commissioner attorney for foreign and alien insurers 48.05.200 examination of health care services contracts 48.44.020 examinations by, See INSURANCE, subtitle Examinations hearings, See INSURANCE, subtitle Hearings Commissioner, See also INSURANCE COMMISSIONER Common stocks, investments in, See INSURANCE, subtitle Investments Communications equipment specialty producer licenses Ch. 48.120 Community property, life insurance, determination of community interest in certain circumstances 48.18.440 Community restitution by offenders workers’ compensation and liability insurance coverage 35.21.209, 36.16.139 Compacts prohibited 48.30.020 Companies destroyed vehicles, company settling claim to notify director of motor vehicles 46.12.070 liability of stockholders Const. Art. 12 § 11 Companies, See also INSURANCE, subtitle Insurers Competition, unfair prohibited 48.30.010 Comprehensive auto coverage, nonrenewal, premium, deductible changes 48.18.292 Conditions, breach prior to loss, effect 48.18.350 Condominiums, See CONDOMINIUMS, subtitle Insurance Conflict of interests, prohibition 48.02.090 Congenital disorders, prenatal testing 48.21.244, 48.42.090, 48.44.344, 48.46.375 Conservation of assets of insurers, See INSURANCE, subtitle Liquidation Consolidations insurer definition for purposes of chapter 48.31.020 Consolidations, generally 48.31.010 Constitutionality code and provisions 48.01.090 Construction of forms, noncomplying 48.18.510 policies, in general 48.18.520 Contingent liability mutuals, members as asset 48.09.250 in general 48.09.230 liquidation, See INSURANCE, subtitle Liquidation reciprocals subscribers aggregate liability 48.10.290 assessments in general 48.10.270 time limit for 48.10.280 in general 48.10.250 judgments 48.10.260 liquidation, See INSURANCE, subtitle Liquidation Contracts, See INSURANCE, subtitle Insurance contract Contributions, political prohibited 48.30.110 Conversion domestic mutuals 48.09.350 life policies, See INSURANCE, subtitle Life insurance reciprocals 48.10.330 Cooperative associations filing of documents 23.86.022 (2008 Ed.) Corporate obligations, investments in, See INSURANCE, subtitle Investments Corporations filing of records 23B.01.202, 23B.02.032, 23B.04.035, 23B.04.037, 23B.10.012, 23B.14.392, 23B.15.032 Cosmetic insurers life insurers, separate accounts in connection with pension, retirement or profit-sharing annuity, See INSURANCE, subtitle Life insurance Counselors, insurance benefits not mandated 18.19.010 County employees health care or group 36.32.400 participation in state program 41.04.205 Credit accident and health insurance defined 48.34.030 Credit accident and health insurance, See INSURANCE, subtitle Disability insurance Credit insurance defined 48.11.070 single premium credit insurance 48.18.543 as surety insurance 48.11.080 Credit life and credit accident and health debtor groups 48.24.040 Credit life insurance, See INSURANCE, subtitle Life insurance Credit transactions, generally Ch. 48.34 Crimes in regard to, See CRIMES, subtitle Insurance; INSURANCE, subtitle Unfair practices Day care joint underwriting association, insurers definitions 48.88.020 intent 48.88.010 membership 48.88.040 plan, approval 48.88.030 policy, liability limits, rating plan 48.88.050 rules 48.88.070 self-insurance annual report 48.90.100 approval of plan 48.90.060 authority, plan 48.90.030 chapter exclusive 48.90.040 contracts, terms 48.90.120 contributing trust fund 48.90.070, 48.90.090 costs of investigation or review 48.90.170 definitions 48.90.020 dissolution 48.90.140 elements of plan 48.90.050 findings and intent 48.90.010 implementation of plan 48.90.080 modifications to plan 48.90.130 powers of association 48.90.110 recovery limits 48.90.150 suspension of plan, reconsideration 48.90.160 Deaths, simultaneous, payment of proceeds on life, disability insurance 48.18.390 Debts, exemption of proceeds from 48.18.400, 48.18.410, 48.18.420, 48.18.430 Deceptive acts, See INSURANCE, subtitle Unfair practices Defamation of insurers, prohibited 48.30.080 Defined 48.01.040 Definitions alien insurer 48.05.010 assets 48.12.010 bail bond insurance 48.11.080 binders 48.18.230 blanket disability insurance 48.21.040 capital funds 48.05.060 casualty insurance 48.11.070 charter 48.05.050 commissioner 48.02.010 credit accident and health insurance 48.34.030 credit insurance 48.11.070 creditor 48.34.030 debtor 48.34.030 disability insurance 48.11.030 domestic insurer 48.05.010 earned surplus, domestic stock insurers 48.08.030 employees group disability insurance 48.21.020 group life insurance 48.24.020 employer, group disability insurance 48.21.020 encumbrance 48.13.130 family expense disability insurance 48.20.340 fidelity insurance 48.11.080 foreign insurer 48.05.010 franchise plan 48.20.350 group disability insurance 48.21.010 group stop loss insurance 48.21.015 health care groups 48.21.030 illegal inducements 48.30.150 indebtedness 48.34.030 industrial life insurance 48.25.020 insurable interest personal insurance 48.18.030 property insurance 48.18.040 insurance 48.01.040 policy 48.18.140 insurance transactions 48.01.060 insurer 48.01.050 issuer 48.01.053 liabilities 48.12.030 life insurance 48.11.020 loss expense 48.12.140 payments 48.12.140 marine and transportation insurance 48.11.050 marine protection and indemnity insurance 48.11.050 motor vehicle insurance 48.11.060 national association of insurance commissioners 48.02.140 ocean marine and foreign trade insurances 48.11.105 person 48.01.070 policy 48.18.140 premium 48.18.170 property insurance 48.11.040 reciprocal insurance 48.10.010 insurer 48.10.020 reciprocating state 48.07.150 stop loss insurance 48.11.030, 48.21.010 surety insurance 48.11.080 surplus line insurance 48.15.040 title insurance 48.11.100 twisting 48.30.180 unfair practices, generally 48.30.010 United States 48.05.010 Delinquency proceedings commencement by insurance commissioner 48.31.111 cooperation with commissioner required in 48.31.105 definitions 48.31.105 failure to cooperate with commissioner, penalties 48.31.105 foreign or alien insurer formal delinquency proceeding commissioner may institute proceeding at request of domiciliary state of insurer having property in this state 48.31.175 formal delinquency proceeding commissioner may petition court for 48.31.121 foreign or alien insurer commissioner may institute proceeding at request of domiciliary state of insurer having property in this state 48.31.175 insurer may petition for hearing and review 48.31.121 immunity from suit and liability, persons entitled to protection 48.31.115 jurisdiction of courts 48.31.111 recovery from reinsurer direct payment to insured does not diminish obligation, exceptions 48.31.135 [RCW Index—page 379] INSURANCE recoverable amount not reduced by proceedings 48.31.135 uniform insurers liquidation act attachment, garnishment, or execution stayed during pendency of proceedings 48.99.070 claims domestic insurer, claim of nonresident against, procedure 48.99.040 foreign insurer, claim of resident against, procedure 48.99.050 priority of claims 48.99.060 definitions 48.99.010 domestic insurer, claim of nonresident against, procedure 48.99.040 domestic insurer, conduct of proceedings involving 48.99.020 foreign insurer, claim of resident against, procedure 48.99.050 foreign insurer, conduct of proceedings involving 48.99.030 interpretation and construction of act 48.99.080 lien obtained by attachment, garnishment, or execution voided 48.99.070 priority of claims 48.99.060 short title 48.99.010 Delivery of policies, generally 48.18.260 Dental care, group disability policies for 48.21.030 Dental care assistance plans requirements 49.64.040 Depositaries, funds for domestic insurers 48.07.110 Deposits acceptance by commissioner, grounds for 48.16.010 commissioner’s receipt 48.16.050 depositaries, designation of, solvent financial institutions 48.16.070 dividends and interest on, insurers’ right to 48.16.090 eligibility of securities for 48.16.030 exchange of securities 48.16.090 execution upon prohibited, creditors and claimants 48.16.130 existing, release of 48.16.110 record of 48.16.050 release of existing deposits 48.16.110 generally 48.16.100 safekeeping, state responsible 48.16.080 securities eligible for 48.16.030 substitution of securities 48.16.090 title insurers, See INSURANCE, subtitle Title insurers transfer of securities 48.16.060 trust fund for policy holders, as 48.16.020 voluntary deposits, limit of and release 48.16.120 Destruction of property, willful 48.30.220 Development credit corporations, membership in 31.20.070 Developmental disability defined 48.01.035 Diabetes disability insurance coverage 48.20.391 health care service contractors, coverage 48.44.315 health maintenance organizations, coverage 48.46.272 Dietitians and nutritionists, coverage not mandated 18.138.100 Direct patient-provider primary health care Ch. 48.150 Directors citizenship, domestic insurers 48.07.050 concurrence presumed 48.30.130 misconduct of 48.30.120 qualifications, domestic mutuals 48.09.160 residence, domestic insurers 48.07.050 Disability insurance actions on, time for 48.20.142 [RCW Index—page 380] age limits 48.20.312 misstatement of effect 48.20.312 assignment of, generally 48.18.360 autopsy of insured 48.20.132 beneficiaries, rights, changes of standard provision 48.20.152 benefits basic, minimum conditions and terminology for 48.18.120 death from any cause 48.20.360 payment of on simultaneous deaths 48.18.390 for services performed by licensed dentists 48.20.416 licensed optometrists 48.20.410 benefits reduction or refusal on basis of other existing coverage restrictions on the use of 48.21.200 cancellation, by the insurer 48.18.299, 48.20.242 cancellation, denial, or refusal to renew policy notification requirements 48.18.540 cancellation or imposition of restriction based on handicap, notice 48.30.320 chiropractic services included 48.20.412 claims forms 48.20.092 notice of 48.20.082 payment of 48.20.122 proofs of loss 48.20.102 time of payment 48.20.112 conditions and terminology, minimum standards for 48.18.120 conformity with state statutes 48.20.252 continuation of policy coverage by former spouse and dependents 48.20.490 contract, entire, changes 48.20.042 credit charges to debtor 48.34.110 commencement of term 48.34.080 debtor’s right to furnish own insurance 48.34.120 limitation on amount 48.34.070 policies content 48.34.090 filing 48.34.100 purpose of provisions 48.34.010 refunds 48.34.110 small loan act, effect 48.34.910 substitute insurers 48.34.090 termination date of term 48.34.080 when subject to law 48.34.020 death from any cause, benefit for 48.20.360 defined 48.11.030 dentists’ services included 48.20.416 denturist services 48.20.418, 48.21.148 dependents under age twenty-five 48.20.435 developmental disabilities or handicaps 48.20.420 diabetes coverage 48.20.391 discrimination unfair discrimination prohibited 48.30.300 drugs, use of, effect 48.20.272 examination of the insured 48.20.132 excess insurance 48.20.192 exemption of proceeds 48.18.400 exemptions from rate filing 48.19.010 extended disability benefit 48.20.360 extended health, for aged annual reports 48.21A.060 application of remedies to other law 48.21A.080 cancellation, when 48.21A.030 commissioner’s powers and duties relating to 48.21A.060 deceptive name or advertising prohibited 48.21A.070 definitions 48.21A.020 documents filed 48.21A.070 federal, state benefits, policy adjustment 48.21A.060 insurance producers 48.21A.040 insurers may join in association 48.21A.030 master group policy, as 48.21A.030 policy holder, who may be 48.21A.030 policy provisions, generally 48.21A.060 powers and duties of association 48.21A.050 purpose 48.21A.010 rates 48.21A.060 reduced benefit provision 48.21A.030 withdrawal of approval 48.21A.060 false statements in application, effect 48.18.090 family expense disability insurance, defined 48.20.340 fixed payment insurance 48.20.550, 48.20.555 franchise plans 48.20.350 grace period 48.20.062 home health care optional coverage 48.21A.090 hospice care optional coverage 48.21A.090 illegal inducements 48.30.155 illegal occupation 48.20.262 incontestability after reinstatements 48.20.380 intoxicants and narcotics 48.20.272 issuance by insurer for delivery in other states 48.20.022 life insurer, authority to transact disability insurance 48.05.330 lumpectomy discrimination based on, certain prohibited 48.20.397 mammograms, required coverage 48.20.393 mastectomy discrimination based on, certain prohibited 48.20.397 reconstructive breast surgery 48.20.395 mental health services 48.20.580 narcotics 48.20.272 newborn infant coverage notice of birth 48.20.430 nondelivery in state, exemptions for 48.18.010 nonrenewal 48.18.298 one person, limitation to 48.20.012 optional standard provisions cancellation 48.20.242 change of occupation 48.20.172 generally 48.20.162 illegal occupation 48.20.262 insurance with other insurers 48.20.212 provision of service or expense incurred basis 48.20.202 intoxicants and narcotics 48.20.272 other insurance in this insurer 48.20.192 relation of earnings to insurance 48.20.222 unpaid premium 48.20.232 payment discharges, insurer 48.18.370 payroll deductions by public employees 41.04.020 podiatrists rendering medical or surgical services, benefits not to be denied because of 48.20.390 policies format of 48.20.012 issuance by insurer for delivery in other states 48.20.022 provisions, order of certain 48.20.282 policy changes must be evidenced by endorsement 48.20.015 prescription claims preapproved individual claim may not be rejected later, recordkeeping requirements 48.20.525 proof, forms for 48.20.092 proof of loss, time for filing 48.20.102 psychologists services included 48.20.414 public employees, retired deduction from retirement allowance for benefit plans 41.04.235 reconstructive breast surgery 48.20.395 (2008 Ed.) INSURANCE registered or advanced registered nurses rendering health care services, benefits not denied 48.20.411 reinstatement 48.20.072 requirements of other jurisdictions 48.20.302 reserves for 48.12.060 return of premium upon cancellation, notice required, when 48.20.013 scope of provisions 48.20.002 standard provisions captions for 48.20.032 change of beneficiary 48.20.152 claim forms 48.20.092 effective date of 48.20.322 entire contract, changes 48.20.042 generally 48.20.032 grace period 48.20.062 legal actions 48.20.142 misstatement of age or sex 48.20.050 notice of claim 48.20.082 payment of claims 48.20.122 physical examination and autopsy 48.20.132 proofs of loss 48.20.102 reinstatement 48.20.072 requirement 48.20.032 substitutions for 48.20.032 time limit on certain defenses 48.20.052 time of payment of claims 48.20.112 waiver of 48.18.130 standards for terms and coverage definitions 48.20.450 establishment 48.20.450 minimum standards 48.20.460 outline of coverage to be furnished 48.20.470 purpose 48.20.450 simplified application form, preexisting condition coverage 48.20.480 statements in application, how deemed 48.18.090 terminology, standards for 48.18.120 third party ownership 48.20.292 time, payment of claims 48.20.112 valuation minimum standards, insurance commissioner to establish by rule 48.74.090 violation of law by insured, effect of 48.20.262 Washington life and disability insurance guaranty association act Ch. 48.32A Disability insurance, See also HEALTH SERVICES COMMISSION blanket policies, See INSURANCE, subtitle Group disability insurance forms, See INSURANCE, subtitle Disability insurance, standard provisions group disability insurance, See INSURANCE, subtitle Group disability insurance standard provisions, See also INSURANCE, subtitle Disability insurance, optional standard provisions Disability insurers general casualty insurers authorized to conduct 48.05.350 joinder with other insurers to offer residents over sixty-five years disability insurance, extended health Ch. 48.21A Disclosure of material transactions 48.05.510, 48.05.515, 48.05.520, 48.05.525, 48.05.530, 48.05.535 Discounts, unlawful practice with premiums 48.30.140 Discrimination employment driving record 48.30.310 freedom from, rights enumerated 49.60.030 prohibited practices 49.60.178 sensory, mental, or physical handicap, sex, or marital status, discrimination prohibited 48.30.300 unfair against insureds 48.18.480 prohibited, against competitors 48.30.020 (2008 Ed.) Dividends annuities and pure endowment contracts 48.23.190 dealing in, life insurer 48.23.330 domestic mutuals, in general 48.09.300 group disability, application of 48.21.120 group life, application of 48.24.260 guarantee of prohibited, policy dividends and savings 48.30.100 health care service contractors 48.44.130 illegal dividends, domestic stock insurers 48.08.040 industrial life insurance 48.25.090 life insurance generally 48.23.070 payment to beneficiary 48.23.320 mutuals, domestic 48.09.300 participating policies 48.08.070 payable to real party, participating policies 48.18.340 reciprocals 48.10.310 stock insurers, domestic payment to stockholders 48.08.030 on reduction of capital 48.08.020 Documents failure to file, penalty 48.08.190 Domestic insurers annual meeting 48.07.040 articles of incorporation 48.06.200, 48.07.070 certificate of authority, mandatory revocation or suspension, when 48.05.130 conversion to 48.07.210 corporate meetings, corrupt practices in 48.07.060 corporation law applies 48.07.030 defined 48.05.010 directors removal 48.07.050 residence qualifications 48.07.050 directors and officers, fees on funds prohibited, exceptions 48.07.130 equity security defined 48.08.100 duty to file statement of ownership of 48.08.110 equity security of domestic stock insurers as exemption 48.08.160 foreign or domestic arbitrage transactions as exemption 48.08.150 profits from short term transactions, recovery by insurer, limitation of actions 48.08.120 exemptions 48.08.140, 48.08.150, 48.08.160 rules and regulations 48.08.170 sales of, unlawful when 48.08.130 exemptions 48.08.140, 48.08.150, 48.08.160 existing insurers, compliance with code 48.07.010 expenditures, vouchers for 48.07.100 financing after organization bond 48.06.120 permit for 48.06.180 foreign laws, compliance with 48.07.140 funds depositaries for 48.07.110 pecuniary interest of director, officers, restrictions upon, exceptions 48.07.130 investments, See INSURANCE, subtitle Investments mutual insurers, See INSURANCE, subtitle Mutual insurers national emergency, continuation of business bylaws 48.07.170 principal office and place of business during 48.07.200 provisions effective during emergency 48.07.180 purpose 48.07.160 succession list of officers 48.07.190 officer’s obligations, guaranty prohibited 48.07.080 offices, principal 48.07.020 organization of, See INSURANCE, subtitle Organization of insurers pecuniary interest of director, officers, restrictions upon, exceptions 48.07.130 reciprocals, See INSURANCE, subtitle Reciprocals solicitation in other states 48.07.150 special meetings 48.07.040 stock insurers par value of shares, minimum 48.06.200 stock insurers, See also INSURANCE, subtitle Stock insurers stockholder meetings, duty to inform of matters to be presented, proxies 48.08.090 Domestic violence victims discrimination against prohibited 48.18.550 Double indemnity, life insurance 48.23.250 Educational service districts self-insurance 28A.310.440 Employees defined group disability insurance 48.21.020 group life insurance 48.24.020 of insurers, misconduct of in matters affecting insurer 48.30.120 local governments, participation in state program 41.04.205 Employer, defined group disability insurance 48.21.020 group life insurance 48.24.020 Employer health plans, registered uniform benefits packages constitutes minimum benefits that may be offered by plan 43.72.090 Employers group life insurance, trustee groups 48.24.070 Employment driving record, consideration of prohibited, when 48.30.310 Encumbrance, defined 48.13.130 Endorsements effect of, construction of policies 48.18.520 form of disapproval, grounds for 48.18.110 validity of, noncomplying 48.18.510 forms certification and noncertification 48.18.100 filing, approval 48.18.100 not to conflict with standard provisions 48.18.130 Endowment contracts benefits, calculation of 48.23.360 liability under, limitation 48.23.260 standard provisions 48.23.140 value, calculation of 48.23.360 Endowments, pure, See INSURANCE, subtitle Annuities Equipment trust obligations, investments in, See INSURANCE, subtitle Investments Escrow agreements, organization of insurers, filing with commissioner 48.06.040 Evidence application for insurance as 48.18.080 certificate of the commissioner as 48.02.130 records of commissioner 48.02.130 Examinations adjusters records of 48.03.020 adjusters, See also INSURANCE, subtitle Adjusters advisory organizations, in general 48.03.010 chapter, application of 48.03.005 civil immunity and indemnification protections for commissioner, commissioner’s representatives, examiners, and good faith providers of information 48.03.075 examiners appointment of 48.03.025 disqualification from appointment for conflict of interest or affiliation with insurer 48.03.065 examining bureaus, in general 48.03.010 [RCW Index—page 381] INSURANCE guidelines and procedures to be followed 48.03.025 insurers, in general 48.03.010 joint underwriting or reinsurance organizations 48.03.010 license, See INSURANCE, subtitle Agents, brokers, and solicitors management organizations 48.03.020 payment responsibility 48.03.060 producers, adjusters, title insurance agents, brokers, and solicitors, records of 48.03.020 promoters 48.03.020 proxy holders 48.03.020 rating organizations, in general 48.03.010 records access to 48.03.030 correction of 48.03.030 report of examination 48.03.040 withholding from public inspection 48.03.050 scope of examination 48.03.025 witnesses, in general 48.19.410 Examining bureaus examination of 48.03.010 generally 48.19.410 Execution, proceeds from exempt property exempt 6.15.030 Execution sale, redemption from, credit, as 6.23.090 Exemption of proceeds annuities 48.18.430 disability insurance 48.18.400 group life insurance 48.18.420 life insurance 48.18.410 Exhibiting false accounts, advertisements prohibited 48.06.190 Expenditures, vouchers for, domestic insurers 48.07.100 Expense experience recording of 48.19.370 reporting of, rate making purposes 48.19.370 Expenses, limitation of, domestic mutuals 48.09.180 Experience, schedule of, liability and workers’ compensation insurance 48.12.110 False exhibits and advertisements, organization of insurers 48.06.190 False or misleading information, prohibition against giving 48.19.390 Family expense disability insurance 48.20.340 Federal deposit insurance corporation, See FEDERAL DEPOSIT INSURANCE CORPORATION Federal home loan banks borrowing from authorized 30.32.020 depositary for its funds, may designate as 30.32.040 Fees refunds of 48.14.070 schedule 48.14.010 services, extra by insurance producer 48.30.157 Fidelity insurance casualty insurers authorized to conduct 48.05.350 defined 48.11.080 Filings annual filing of statement convention blank 48.05.400 Finance company, insurance premium, See INSURANCE, subtitle Premium finance companies Financial condition, advertisement of in general 48.30.070 statements, insurers, false 48.30.030 Financial statements filing 48.05.073 Fine, in lieu of or in addition to suspension, revocation or refusal of certificate of authority 48.05.185 Fire [RCW Index—page 382] arson cancellation of policy conditions 48.53.030 procedure 48.53.040, 48.53.050 classification of areas 48.53.020 fraud 48.53.010 willful destruction of property, penalty 48.30.220 Fire and casualty tax imposed 82.04.440 Fire departments, blanket disability 48.21.040 Fire insurance home, cancellation 48.30.320 mutual savings banks restrictions upon conducting 32.08.160 rate filing by rating bureau 48.19.050 standard policy form 48.18.120 Fire insurance, See also INSURANCE, subtitle Property insurance Fire losses release of information 48.50.055 reporting requirements 48.50.030, 48.50.040 reports by insurers 48.05.320 Fire marshal, See FIRE MARSHAL, STATE Fire policy forms, standard form, promulgation of 48.18.120 Fire risks, limitation of single risk 48.11.140 Fishers, commercial pooling of funds by exclusion from definition of "insurer" 48.01.050 Foreign insurers authorization to do business 48.07.210 certificate of authority, mandatory revocation or suspension, when 48.05.130 conservation of assets of, order of 48.31.080, 48.31.100 defined 48.05.010 deposit of, certificate of authority 48.05.080 investments of 48.13.360 liquidation, ancillary, order of 48.31.100 nonassessable policies mutuals 48.09.270 reciprocals 48.10.300 premium tax, liability for payment of after withdrawal from state 48.14.100 process against commissioner, attorney for 48.05.200 service of 48.05.200, 48.05.210 retaliatory provision 48.14.040 Foreign securities, investments in, See INSURANCE, subtitle Investments Foreign trade insurance, See INSURANCE, subtitle Ocean marine and foreign trade insurance Forfeiture standard nonforfeiture law 48.76.010 Forfeitures, See INSURANCE, subtitle Standard nonforfeiture law Forms approval of, generally 48.18.100 credit life, accident and health 48.34.040 disability insurance policies 48.18.120 disability policies, See INSURANCE, subtitle Disability insurance existing at time of code adoption, continuation of 48.01.120 filing certification and noncertification 48.18.100 mortgage or loss payable clause 48.18.125 noncomplying construction of 48.18.510 validity of 48.18.510 policies disapproval, grounds for 48.18.110 filing and approval 48.18.100 mortgage or loss payable clause 48.18.125 standard forms 48.18.120 validity of noncomplying 48.18.510 proof of loss 48.18.460 standard fire policies 48.18.120 Franchise plan, disability insurance 48.20.350 Fraternal benefit societies agents’ loss of authority, notice 48.36A.278 amendment of laws 48.36A.110 annual financial statement 48.36A.260 assets, investment and disbursement 48.36A.220 beneficiaries, designation of 48.36A.170 benefit certificates, impaired reserves 48.36A.190 benefits contractual 48.36A.160 protection of 48.36A.180 commissioner findings subject to review 48.36A.410 consolidation and merger 48.36A.140 conversion to mutual life insurance company 48.36A.150 deficiencies, noncompliance 48.36A.300, 48.36A.310 defined 48.36A.010 definitions 48.36A.040 domestic society, formation procedures and requirements 48.36A.100 examinations 48.36A.280 exclusive application of chapter 48.36A.230 exemptions 48.36A.370 financial statements, filing 48.36A.263 fraternal mutual insurers, destination 48.36A.390 fraternal mutual life insurers 48.36A.400 funeral homes prohibited 48.36A.120 hazardous operations financial condition, determination 48.36A.284 rehabilitation, liquidation, or conservation 48.36A.286 standards for consideration 48.36A.282 injunctions by attorney general only 48.36A.320 insurance producers 48.36A.330 investments, authorized 48.36A.210 laws and rules 48.36A.050 liability for benefits 48.36A.080 license 48.36A.270, 48.36A.290 lodge system 48.36A.020 meetings, place of 48.36A.070 membership liability for benefits 48.36A.080 membership, classes of 48.36A.060 nonwaiver provisions 48.36A.090 not-for-profit institutions authorized 48.36A.120 office, location of 48.36A.070 operations, beneficial 48.36A.050 paid-up nonforfeiture benefits and cash surrender values 48.36A.200 penalties 48.36A.360 reauthorization of license 48.36A.276 rehabilitation, liquidation, or conservation 48.36A.286 reinsurance 48.36A.130 representative form of government 48.36A.030 service of process upon commissioner 48.36A.350 surplus requirements 48.36A.290 suspension of license, duration 48.36A.274 suspension or refusal to renew license, notice 48.36A.272 tax exempt status, exception 48.36A.240 unfair trade practices 48.36A.340 valuation standards, reserves 48.36A.250 World War I societies 48.36A.380 Fraud antifraud plan, insurer’s duties 48.30A.045, 48.30A.050, 48.30A.055, 48.30A.060, 48.30A.065 defenses to proceedings 48.30A.020 definitions 48.30A.010 detrimental judgments, notification of regulatory body 48.30A.035 fraud program Ch. 48.135 health care false claim act Ch. 48.80 injunctions 48.30A.030 (2008 Ed.) INSURANCE insurance fraud reporting immunity act Ch. 48.50 investigation and enforcement 48.30A.070 limitation of actions 48.30A.030 negotiation of contract, effect 48.18.090 remedies 48.30A.030 trafficking in insurance claims, penalties 48.30A.025 unfair practices and fraud Ch. 48.30 unlawful acts 48.30A.015 violation is unprofessional conduct, penalty 48.30A.040 Fraudulent claims, penalty for 48.30.230 Funds life insurance, premium deposit funds 48.23.290 title insurers’ guaranty funds, See INSURANCE, subtitle Title insurers Gifts as illegal inducements, limitation on value 48.30.150 Grace period disability policies, standard provisions for 48.20.062 group life insurance 48.24.110 industrial life 48.25.050 life insurance 48.23.030 Group assignment of interests under group policy 48.18.375 public utility districts 54.04.050 Group disability insurance age limitations 48.21.090 alcoholism treatment benefits contracts with right of renewal without change 48.21.190 autopsy of insured 48.21.100 benefits, to whom payable 48.21.110 benefits for newborn infants notice of birth 48.21.155 services performed by licensed dentists 48.21.146 licensed optometrists 48.21.140 benefits reduction or refusal on basis of other existing coverage restrictions on the use of 48.21.200 blanket policies benefits, to whom payable 48.21.110 defined 48.21.040 certificates for 48.21.080 chemical dependency treatment benefits contracts, requirements 48.21.180 legislative declaration 48.21.160 chiropractic services included 48.21.142 contract 48.21.060 debtor groups, defined 48.24.040 defined 48.21.010 dentists’ services included 48.21.146 dependents under age twenty-five 48.21.157 developmental disabilities and handicaps 48.21.150 diabetes benefits in state-purchased health care 41.05.185 diabetes coverage 48.21.143 disability insurance, extended health, for aged, as master group policy 48.21A.030 dividend exemptions 48.18.340 dividends, application of 48.21.120 employees, defined 48.21.020 employer, defined 48.21.020 examination of insured 48.21.100 exemption of proceeds 48.18.400 fixed payment insurance 48.21.370, 48.21.375 health care groups, defined 48.21.030 home health care optional coverage 48.21.220 hospice care optional coverage 48.21.220 ineligibility of an individual continuation option 48.21.250 conversion option 48.21.260, 48.21.270 lumpectomy (2008 Ed.) discrimination based on, certain prohibited 48.21.235 mammograms, required coverage 48.21.225 mammograms, required coverage in public employee plans 41.05.180 mastectomy discrimination based on, certain prohibited 48.21.235 reconstructive breast surgery 48.21.230 mental health treatment preauthorization requirement waived for persons involuntarily committed 48.21.242 neuro developmental therapy, provision for in public employee employer-sponsored plans 41.05.170 neurodevelopmental therapy, required coverage 48.21.310, 48.44.450 newborn infant coverage, exception notice of birth 48.21.155 nonresident pharmacies, insurer may provide coverage only from licensed 48.21.330 nonresident pharmacies, proof of licensure requirements 48.21.330 payment discharges insurer 48.18.370 payment of benefits 48.21.110 podiatrists rendering medical or surgical services, benefits not to be denied because of 48.21.130 premiums defined 48.18.170 payment by employee during work stoppages caused by labor dispute 48.21.070 payment of 48.21.070 readjustment of 48.21.120 prescription claims preapproved individual claim may not be rejected later, recordkeeping requirements 48.21.325 psychologist services included 48.21.142 reconstructive breast surgery 48.21.230 registered nurses rendering health care services, benefits not denied 48.21.141 representations 48.21.060 standard provisions age limitations 48.21.090 autopsy of insured 48.21.100 certificates 48.21.080 contract 48.21.060 examination of insured 48.21.100 premiums, payment of 48.21.070 representations 48.21.060 required, group and blanket policies 48.21.050 temporomandibular joint disorders, optional coverage requirements 48.21.320, 48.44.460 Group life insurance age, sex, misstatement of 48.24.150 beneficiary, generally 48.24.160 certificates 48.24.170 contract 48.24.130 conversion death pending 48.24.200 dependents of employees 48.24.030 on termination of eligibility 48.24.180 policy 48.24.190 credit union groups defined 48.24.035 qualifications 48.24.035 death pending conversion 48.24.200 debtor groups, defined 48.24.040 defined, generally 48.24.010 dependents of employees authorized 48.24.030 conversion rights 48.24.030 eligibility 48.24.030 dividend exemptions 48.18.340 dividends, application of 48.24.260 employee groups defined 48.24.020 dependents of, eligibility 48.24.030 exclusions from 48.24.010 exemption of proceeds 48.18.420 financial institutions, depositors, qualifications 48.24.095 funeral, last illness expenses, payment of 48.24.160 grace period 48.24.110 groups, additional permissible groups defined 48.24.045 incontestability 48.24.120 insurability 48.24.140 labor union groups, defined 48.24.050 labor union members, dependents of, eligibility 48.24.030 limitation of liability 48.24.210 payment discharges insurer 48.18.370 payment of premiums by employees during work stoppage caused by labor disputes 48.24.025 policy illustrations, format and use Ch. 48.23A premiums defined 48.18.170 readjustment of 48.24.240 reductions, application of 48.24.260 proceeds, payment of 48.24.270 producer groups 48.24.080 public employee associations defined 48.24.060 maximum amounts 48.24.060 members, dependents of, eligibility 48.24.030 representations 48.24.130 standard provisions age, sex, misstatement of 48.24.150 beneficiary 48.24.160 certificates 48.24.170 contract 48.24.130 conversion death pending 48.24.200 on termination of eligibility 48.24.180 policy 48.24.190 grace period 48.24.110 incontestability 48.24.120 insurability 48.24.140 representations 48.24.130 required 48.24.160 requirements, generally 48.24.100 state patrol groups, defined 48.24.090 trustee groups, defined 48.24.070 variable contracts, See INSURANCE, subtitle Life insurance, variable contracts Washington state patrol members, dependents of, eligibility 48.24.030 Group stop loss insurance defined 48.21.015 Guaranteed stocks or shares, investments in, See INSURANCE, subtitle Investments Guaranty association Washington insurance guaranty association act Ch. 48.32 Washington life and disability insurance guaranty association act Ch. 48.32A Handicapped persons restrictions based on handicap, notice requirements 48.30.320 Health child support orders, responsible parent required to provide 74.20A.300 Health and accident insurance, See INSURANCE, subtitle Disability insurance Health and welfare benefit trusts existing health and welfare benefit trust program, compliance requirements 48.62.123 self-insuring local governments authorized to participate in 48.62.121 Health care basic policy for small employers 48.21.045 children enrolled under parent’s plan requirements and restrictions 48.01.235 [RCW Index—page 383] INSURANCE direct patient-provider primary health care Ch. 48.150 eligibility for coverage contingent on medical assistance eligibility prohibited 48.01.230 individual benefit plans definitions 48.20.025, 48.20.028 premium rates 48.20.025, 48.20.028 nonresident pharmacies, insurer may provide coverage only from licensed 48.20.530 nonresident pharmacies, proof of licensure requirements 48.20.530 plans for small employers 48.21.047 retired and disabled state and school employees’ premium reduction subsidy 41.05.085 rider, cancellation 48.20.510, 48.21.290, 48.44.430, 48.46.500 state tax on premiums 48.14.027 state employees’ health care programs and insurance, See HEALTH CARE AUTHORITY women’s health care services, duties of insurance carriers 48.42.100 Health care access definitions 48.41.030 health insurance pool administrator 48.41.080 board powers and duties 48.41.060 carryover of eligible expenses 48.41.120 civil and criminal immunity 48.41.190 coinsurance requirements 48.41.120 continuation of coverage 48.41.160 coverage for children, unmarried dependents 48.41.140 creation, organization 48.41.040 deductibles 48.41.120 eligibility for coverage 48.41.100 examination and reports 48.41.070 financial participation 48.41.090 forms 48.41.130 medicare supplement policy 48.41.150 mental health services 48.41.220 plain language required in explanatory brochure 48.41.110 plan of operation 48.41.050 policy coverage, benefits 48.41.110 renewal provisions 48.41.160 requirements 48.41.160 rules, required rule making 48.41.170 standard risk rate, maximum rates 48.41.200 subrogation, other benefits, priority of payments 48.41.210 health insurance pool account 48.41.037 intent 48.41.020 Health care false claim act Ch. 48.80 Health care groups, defined 48.21.030 Health care insurance reform Ch. 48.43 Health care plans asset acquisitions and dispositions, disclosure 48.43.205, 48.43.215 carriers’ responsibilities 48.01.260 chiropractor services payment, parity 48.43.190 reimbursement, provider agreement 48.43.083 colorectal cancer 48.43.043 comparison of health carriers, immunity of document preparer 48.43.105 complaints, review and adjudication 48.43.055 definitions 48.43.005 dental procedures, general anesthesia 48.43.185 denturist services 48.43.180 disputes, review procedures 43.70.235 emergency medical services coverage 48.43.093 financial statements, filing 48.43.097 fixed payment insurance, report 48.43.650 group health benefit plans Ch. 48.43 guaranteed issue and continuity of coverage, exceptions 48.43.035, 48.43.038 [RCW Index—page 384] health plan requirements 48.43.045 individual plans Ch. 48.43 long-term care facility, coverage following hospitalization 48.43.125 mandated benefits Ch. 48.47 mandatory benefits 48.43.041 material transactions, disclosure 48.43.200, 48.43.215, 48.43.220, 48.43.225 maternity services 48.43.115 medical assistance, enrollment in employersponsored plan 48.43.008, 48.43.517 mental health care services contracted at enrollee’s expense 48.43.087 mental health services, outpatient coverage 48.43.091 patient bill of rights 48.43.500, 48.43.505, 48.43.510, 48.43.515, 48.43.520, 48.43.525, 48.43.530, 48.43.535, 48.43.540, 48.43.545, 48.43.550 personally identifiable information, release restrictions 48.43.021 pharmacy identification cards 48.43.023 preexisting conditions 48.43.012, 48.43.015, 48.43.025 questionnaire, requirements 48.43.018 reporting requirements, exemptions 48.43.045 rights of individuals to receive services 48.43.065 rights of providers, carriers, and facilities to refuse services 48.43.065 risk-based capital standards 48.43.300, 48.43.305, 48.43.310, 48.43.315, 48.43.320, 48.43.325, 48.43.330, 48.43.335, 48.43.340, 48.43.345, 48.43.350, 48.43.355, 48.43.360, 48.43.365, 48.43.370 services contracted outside plan, carriers may not prohibit 48.43.085 small employer partnership program Ch. 70.47A Small employers and groups, eligibility 48.43.028 Health care policy board, See HEALTH CARE POLICY BOARD Health care programs and insurance for local government employees, participation in state program 41.04.205 Health care savings accounts authorized 48.68.010 duties of governor and agencies 48.68.020 Health care service contractors access to care of choice legislative finding 48.44.299 asset acquisitions or dispositions, disclosure 48.44.540, 48.44.545 benefits reduction or refusal on basis of other existing coverage restrictions on the use of 48.21.200 bonds or sureties for 48.44.030 cancellation, denial, or refusal to renew contract, notice 48.44.260 certificate of registration effect as endorsement 48.44.150 revocation or suspension grounds 48.44.160 hearing 48.44.160 certified health plans certification required to offer uniform benefits package and supplemental benefits 43.72.090 uniform benefits package disapproval by legislature, submission of modified package 43.72.180 uniform benefits package constitutes minimum benefits that may be offered by plan 43.72.090 chemical dependency treatment benefits 48.44.240 chiropractic, discrimination against prohibited 18.25.0192 chiropractic services to be included in health care coverage exceptions 48.44.310 confusing names 48.44.090 continuation for former family members 48.44.400 contract for service liability of participant 48.44.020 contract for services 48.44.020 contractors examination of records for compliance with chapter 48.44.145 contracts, disapproval, grounds 48.44.020 contracts, individual, rescission within ten days 48.44.230 contracts of participation definitions 48.44.010 filing with commissioner for approval 48.44.070 master list of participating providers to be filed with commissioner 48.44.080 termination, notice to commissioner 48.44.080 corporate document filings 48.44.013 corporate documents, certain copies provided to insurance commissioner 43.07.175 definitions 48.44.010 denturist services 48.44.500 dependents under age twenty-five 48.44.215 developmental disabilities or handicaps 48.44.200, 48.44.210 newborn infant coverage, notification of birth 48.44.212 diabetes coverage 48.44.315 discrimination on account of race, religion, national origin, or handicap prohibited 48.44.220 dividends or refunds 48.44.130 enforcement 48.44.180 examination of contract by commissioner for 48.44.020 false advertising 48.44.110 financial condition of contractors, inaccurate statements 48.44.100 financial interest in entity regulated 48.44.350 financial statement, annual filing requirement 48.44.095 penalty for failure to file 48.44.095 group contracts ineligibility of an individual continuation option 48.44.360 conversion option 48.44.370, 48.44.380 handicapped, notice of cancellation, denial, or refusal to renew contract 48.44.260 hearings and appeals 48.44.170 holding company act Ch. 48.31C home health care to be included in insurance coverage 48.44.320 hospice care to be included in insurance coverage 48.44.320 indemnity underwritten by policy 48.44.030 individual contracts, rates 48.44.017, 48.44.022 insolvency allocation of coverage 48.44.057, 48.46.247 commissioner’s duties 48.44.057 insurance commissioner’s duties 48.44.057, 48.46.247 participants’ options 48.44.057, 48.46.247 plan for handling required, review by commissioner 48.44.055 priority in distribution of assets 48.44.033 supervision by commissioner 48.44.033 investigation and examination of contractors records 48.44.145 legislative finding parity among providers 48.44.299 police power regulation 48.44.309 liability of participant 48.44.020 limited health care service definitions 48.44.035 uncovered expenditures, security requirements 48.44.035 lumpectomy (2008 Ed.) INSURANCE discrimination based on, certain prohibited 48.44.335 mandatory offering for small employers 48.44.023 mastectomy discrimination based on, certain prohibited 48.44.335 reconstructive breast surgery 48.44.330 material transactions, disclosure 48.44.530, 48.44.535, 48.44.545, 48.44.550, 48.44.555 medical risk adjustment mechanisms disapproval by legislature, submission of revised package by health services commission 43.72.180 mental health treatment waiver of preauthorization requirement for persons involuntarily committed 48.44.342 minimum net worth requirements 48.44.037, 48.44.039 misleading comparisons 48.44.140 misrepresentation of benefits 48.44.120 modification of agreement, endorsement required 48.44.390 neurodevelopmental therapy required coverage 48.44.450 newborn infant coverage notification of birth 48.44.212 nonresident pharmacies, insurer may provide coverage only from 48.44.470 nonresident pharmacies, proof of licensure requirements 48.44.470 offering to small employers, requirements 48.44.024 participating providers master list to be filed with annual statement 48.44.080 payment joint endorsement exception 48.44.026 joint issuance to and endorsement by participating provider and enrolled participant exception 48.44.026 penalties for violation of registration and agent registration requirements 48.44.015 penalty for violations 48.44.060 plan benefits rates 48.44.022 podiatrists discrimination prohibited 48.44.220, 48.44.225, 48.44.300 podiatry 48.44.220, 48.44.225, 48.44.300 premium payments by employee during work stoppages caused by labor disputes 48.44.250 premiums and prepayments tax 48.14.0201 prescriptions preapproved individual claim may not be rejected later, recordkeeping requirements 48.44.465 producers defined 48.44.011 license 48.44.011 registration requirements notice 48.44.164 suspension, revocation or refusal to issue license notice 48.44.164 prohibited acts 48.44.020 public employees, authority of employer to contract for hospitalization and medical aid benefits for 41.04.180 reconstructive breast surgery 48.44.330 registered or advanced registered nurses, services 48.44.290 registration 48.44.015 registration with commissioner 48.44.040 regulate to promote access and competition legislative finding 48.44.309 rules 48.44.050 state employee benefit plans Ch. 41.05 (2008 Ed.) suspension, revocation, or refusal to renew registration, procedure 48.44.166 taxes premiums and prepayments tax 48.14.0201 temporomandibular joint disorders, optional coverage requirements 48.44.460 Health care services acupuncture services, coverage not mandatory 18.06.200 benefits reduction or refusal on basis of other existing coverage restrictions on the use of 48.21.200 cancellation, denial, or refusal to renew policy notification requirements 48.18.540 cancellation or imposition of restriction based on handicap notice requirements 48.30.320 child support 26.09.105 chiropractic services, discrimination against prohibited 18.25.0193, 18.25.0194, 18.25.0195, 18.25.0196, 18.25.0197 computerized information sharing definitions 74.09A.010 duties of health insurers 74.09A.030 legislative findings 74.09A.005 medical assistance administration, provision of information to private insurers 74.09A.020 counselors, insurance benefits not mandated 18.19.010 diabetes coverage 48.20.391 dietitians and nutritionists, coverage not mandated 18.138.100 discrimination unfair discrimination prohibited 48.30.300 lumpectomy discrimination based on, certain prohibited 48.20.397, 48.21.235 mammograms, required coverage 48.20.393, 48.21.225, 48.44.325 mandated benefits benefit proposal, assessment of impact 48.47.030 definitions 48.47.010 establishment 48.47.020 legislative findings 48.47.005 mastectomy discrimination based on, certain prohibited 48.20.397, 48.21.235 reconstructive breast surgery 48.20.395, 48.21.230 neurodevelopmental therapy, required coverage 48.21.310 newborn infant coverage notice of birth 48.20.430 nonprofit corporation act, application 24.03.015 premiums and prepayments tax 48.14.0201 prescription claims preapproved individual claim may not be rejected later, recordkeeping requirements 48.20.525 public employees, retired deduction from retirement allowance for benefit plans 41.04.235 radiologic technologists, coverage not mandated 18.84.010 reconstructive breast surgery 48.20.395, 48.21.230 respiratory care practitioners, coverage not mandated 18.89.010 state employee benefit plans Ch. 41.05 temporomandibular joint disorders, optional coverage requirements 48.21.320 Health care services, See also HEALTH SERVICES COMMISSION unfair practices, See INSURANCE, subtitle Unfair practices Health insurance, payroll deductions by public employees 41.04.020 Health insurance pool administrator 48.41.080 board powers and duties 48.41.060 carryover of eligible expenses 48.41.120 civil and criminal immunity 48.41.190 coinsurance requirement 48.41.120 continuation of coverage 48.41.160 coverage for children, unmarried dependents 48.41.140 creation, organization 48.41.040 deductibles 48.41.120 eligibility for coverage 48.41.100 examination and reports 48.41.070 financial participation 48.41.090 forms 48.41.130 medicare supplement policy 48.41.150 mental health services 48.41.220 plain language required in explanatory brochure 48.41.110 plan of operation 48.41.050 policy coverage, benefits 48.41.110 requirements 48.41.160 rules, required rule making 48.41.170 standard risk rate, maximum rates 48.41.200 subrogation, other benefits, priority of payments 48.41.210 Health maintenance organizations, See HEALTH MAINTENANCE ORGANIZATIONS Hearings adjournment of 48.04.060 appeal from, See INSURANCE, subtitle Appeals general powers of commissioner 48.02.060 general provisions 48.04.010 health care service contractors 48.44.170 nonattendance, effect of 48.04.070 notice of show cause 48.04.050 place of 48.04.030 public, when 48.04.030 stay of action pending 48.04.020 witnesses 48.03.070 Heating oil pollution liability protection Ch. 70.149 For hire vehicle operators, public liability insurance policies for 46.72.050 HIV antibody testing insurance eligibility requirements consent and counseling requirements 70.24.325 Holding corporations amendment to articles of incorporation 48.07.070 annual meetings 48.07.040 directors qualifications 48.07.050 removal 48.07.050 special meetings 48.07.040 Holocaust victims insurance relief act Ch. 48.104 Home health care disability insurance 48.21A.090 group disability insurance 48.21.220 health care insurance to cover 48.44.320 Homeowner cancellation or imposition of restriction based on handicap, notice 48.30.320 Hospice care disability insurance 48.21A.090 group disability insurance 48.21.220 health care insurance to cover 48.44.320 Hospital insurance, See INSURANCE, subtitle Group disability insurance Hospitalization and medical aid for public employees and dependents, contracts with health care service contractors, choice of plan or policy to be offered 41.04.180 Hospitals, self-insurers, self-funding excluded from definition of "insurer" 48.01.050 Housing for state offices, departments and institutions, insurance on buildings 43.82.140 Hypothecation of notes prohibited 48.30.200 Illegal inducements, defined 48.30.150 Impaired insurers [RCW Index—page 385] INSURANCE Washington life and disability insurance guaranty association act Ch. 48.32A Impairment of capital, domestic stock insurers 48.08.050 Impairment of surplus domestic mutuals 48.09.340 reciprocals 48.10.340 Incapacitated persons access to and control over assets to be provided to guardian 11.92.096 Incontestability after reinstatement 48.23.270 annuities and pure endowment contracts 48.23.160 disability insurance, noncancellable policies 48.20.380 group life insurance 48.24.120 industrial life insurance 48.25.070 life insurance 48.23.050 Independent adjusters, See INSURANCE, subtitle Adjusters Inducements to insurance, illegal 48.30.150 Industrial insurance, See INDUSTRIAL INSURANCE Industrial life insurance age, misstatement of 48.25.080 alteration of contract 48.25.140 assignment of 48.18.360 beneficiary, designation of 48.25.150 cash surrender value 48.25.110 compliance required, date effective 48.25.030 conversion monthly premium policies 48.25.190 weekly premium policies 48.25.180 definition 48.25.020 disease, preexisting 48.25.220 dividends 48.25.090 entire contract 48.25.060 facility of payment 48.25.160 grace period 48.25.050 incontestability 48.25.070 limitation of liability 48.25.230 medical care, previous 48.25.220 nonforfeiture benefits 48.25.100 payment discharges insurer 48.18.370 policy, title on 48.25.200 preexisting disease 48.25.220 premiums, direct payment of, reduction for 48.25.170 prohibited provisions 48.25.220 reduction of premium for direct payment 48.25.170 reinstatement 48.25.120 rejection for previous insurance 48.25.220 scope of provisions 48.25.010 settlement 48.25.130 single premium policies, standard provisions, applicability 48.25.210 specified insurance, standard provisions, applicability 48.25.210 standard provisions age, misstatement of 48.25.080 alteration of contract 48.25.140 applicability to term, single premium policies 48.25.210 cash surrender value 48.25.110 dividends 48.25.090 entire contract 48.25.060 facility of payment clause 48.25.160 grace period 48.25.050 incontestability 48.25.070 nonforfeiture benefits 48.25.100 reinstatement 48.25.120 requirement 48.25.040 settlement 48.25.130 term policies, standard provisions, applicability of 48.25.210 title on policy 48.25.200 Information, failure to file, penalty 48.08.190 Injunctions, power of commissioner to bring, in general 48.02.080 Insolvency, See INSURANCE, subtitle Uniform insurers’ liquidation act [RCW Index—page 386] Insolvent insurers Washington life and disability insurance guaranty association act Ch. 48.32A Inspection fee as premium 48.18.170 Installment sales of goods and services, statements to be included in contract or agreement 63.14.140 Insurable interest generally 48.18.030 guardians, trustees and other fiduciaries 48.18.030 nonprofit organizations, procedure to establish interest in life of person 48.18.030 personal insurance 48.18.030 Insurable interest, See also INSURANCE, subtitle Insurance interests Insurance commissioner cancellation of policies, limitation of liability of insurance commissioner for transmittal of cause 48.18.293 insurance premium finance companies authority to adopt rules and regulations under 48.56.070 authority under 48.56.030 premium finance companies, application of act 48.56.030 Insurance contract annulment retroactively, prohibition 48.18.320 breach of condition of warranties, effect 48.18.350 examination by examining bureau 48.19.410 generally Ch. 48.18 group disability insurance, representations in 48.21.060 health care services, rescission within ten days 48.44.230 illegally effectuated, validity of, unauthorized insurers 48.15.030 organization of insurers, filing with commissioner 48.06.040 personal coverage underwriting restrictions, credit history 48.18.545 policy, deemed as 48.18.140 power to enter into, minors 48.18.020 representations in, group disability insurance 48.21.060 scope of provisions 48.18.010 standard provisions, generally 48.18.130 surplus line coverage endorsement of 48.15.050 validity of 48.15.060 unauthorized insurer, voidable 48.15.030 variable contract act Ch. 48.18A Insurance contract, See also INSURANCE, subtitle Policies Insurance interests property insurance 48.18.040 Insurance producers, title insurance agents, and adjusters Ch. 48.17 Insurance stocks, investments in, See INSURANCE, subtitle Investments Insured fees, extra services 48.30.157 interest of, insurance applied to 48.18.050 Insurer holding companies acquisition of control of domestic insurer approval of commissioner required 48.31B.015 competition standard, maintenance of, commissioner’s powers and duties 48.31B.020 conditional approval by commissioner 48.31B.015 definitions 48.31B.020 disapproval by commissioner 48.31B.015 exempt transactions 48.31B.015, 48.31B.020 jurisdiction of courts 48.31B.015 preacquisition notification requirements 48.31B.020 restrictions on 48.31B.015 statement to be filed with commissioner and affected insurer, required contents 48.31B.015 violations 48.31B.015, 48.31B.020 aggrieved persons recourse for persons aggrieved by actions of commissioner 48.31B.070 definitions 48.31B.005 health care service contractors, health maintenance organizations Ch. 48.31C holding company systems registered insurers disclaimer of affiliation 48.31B.025 examination of registered insurers 48.31B.035 exempt insurers 48.31B.025 extraordinary dividend or distribution to shareholders, restrictions on 48.31B.030 failure to file registration statement a violation 48.31B.025 insurer’s surplus, determination of, considerations 48.31B.030 registration statement, contents 48.31B.025 registration with insurance commissioner required 48.31B.025 transaction standards for transactions within holding company system 48.31B.030 liquidation or rehabilitation of insurer recovery of distribution or payment; personal liability, maximum amount recoverable 48.31B.060 rule-making authority of insurance commissioner 48.31B.040 securities subject to acquisition, treatment of 48.31B.045 short title 48.31B.900 subsidiary of insurer cessation of control of subsidiary, disposal of investment, requirements 48.31B.010 violations of chapter civil for forfeitures 48.31B.050 commissioner may seek injunctive or other equitable relief in regard to 48.31B.045 continued operation contrary to interest of policyholders or the public suspension, revocation, or nonrenewal of license 48.31B.065 criminal penalties 48.31B.050 impairment of financial condition commissioner may take possession and conduct business of insurer 48.31B.055 orders 48.31B.050 penalties 48.31B.050 referral to prosecuting attorney 48.31B.050 unlawful acquisition of security, insurer or commissioner may seek injunction to prevent 48.31B.045 Insurers accounts required 48.05.280 actions against, venue 48.05.220 admission of, See INSURANCE, subtitle Certificates of authority advertising, false 48.06.190 alien, See INSURANCE, subtitle Alien insurers annual statement contents in general 48.05.250 filing 48.05.250 verification 48.05.250 antifraud plan, duties 48.30A.045, 48.30A.050, 48.30A.055, 48.30A.060, 48.30A.065 articles of incorporation, generally 48.06.200 assets in general 48.12.010 not allowed 48.12.020 assets, reporting of material transactions 48.05.510, 48.05.515, 48.05.520, 48.05.525, 48.05.530, 48.05.535 authority to transact other kinds of insurance 48.05.330 capital and surplus requirements (2008 Ed.) INSURANCE amounts 48.05.340 risk-based capital, reporting and control 48.05.430, 48.05.435, 48.05.440, 48.05.445, 48.05.450, 48.05.455, 48.05.460, 48.05.465, 48.05.470, 48.05.475, 48.05.480, 48.05.485, 48.05.490 certificate of authority, See INSURANCE, subtitle Certificates of authority claim administration by, waiver, when 48.18.470 consolidations, See INSURANCE, subtitle Consolidations contributions, political prohibited 48.30.110 corporation holding controlling interest duty of good faith 48.05.370 fiduciary relationship to the insurer 48.05.370 defined 48.01.050 deposits, See INSURANCE, subtitle Deposits directors guilt of imputed 48.30.130 misconduct of officers or employees 48.30.120 discharge of liability, payments as 48.18.370 discrimination prohibited 48.18.480 domestic, See INSURANCE, subtitle Domestic insurers domestic stock, See INSURANCE, subtitle Stock insurers equity security rules and regulations 48.08.140 examination of, in general 48.03.010 false or misleading information to 48.19.390 financial condition assets what considered 48.12.010 what excluded 48.12.020 liabilities, how determined 48.12.030 financial statements, false 48.30.030 fire losses, reports of to state patrol chief 48.05.320 fire reporting requirements 48.50.030 foreign, See INSURANCE, subtitle Foreign insurers governmentally owned, certificate of authority 48.05.045 information exchange with rating organizations 48.19.380 insolvency, See INSURANCE, subtitle Liquidation; INSURANCE, subtitle Uniform insurers’ liquidation act investments, See INSURANCE, subtitle Investments joint action, liability 48.18.250 liabilities in general 48.12.030 payment as discharge of 48.18.370 liability of organizers 48.05.130 liability of stockholders Const. Art. 12 § 11 licenses revocation or suspension 48.15.020 liquidation, See INSURANCE, subtitle Liquidation; INSURANCE, subtitle Uniform insurers’ liquidation act losses proof of, forms to be furnished 48.18.460 records of 48.12.070 material transactions, disclosure requirements 48.05.510, 48.05.515, 48.05.520, 48.05.525, 48.05.530, 48.05.535 mergers, See INSURANCE, subtitle Mergers mutual, See INSURANCE, subtitle Mutual insurers name, in general 48.05.190 officers and directors duty of good faith 48.05.370 fiduciary relationship to the insurer 48.05.370 organization of, See INSURANCE, subtitle Organization of insurers (2008 Ed.) premium finance company act, application 48.56.030 proof of loss forms, duty to furnish 48.18.460 reciprocal, See INSURANCE, subtitle Reciprocal insurers records false or incomplete entries 48.30.120 losses 48.12.070 required 48.05.280 unauthorized insurance, subject to examination 48.15.170 schedule of experience, liability insurance 48.12.110 service of process against, generally 48.05.210 state preemption of field 48.14.020 stock, See INSURANCE, subtitle Stock insurers unauthorized, See INSURANCE, subtitle Unauthorized insurers underwriter combinations, liability 48.18.250 unfair practices, See INSURANCE, subtitle Unfair practices unlawful use of name 48.30.060 withdraw from state reinsurance on 48.05.290 waiver of reinsurance 48.05.290 women’s health care services, duties of insurance carriers 48.42.100 Insuring powers additional domestic mutuals, qualification, in general 48.09.090 limitation of single risk 48.11.140 reciprocals 48.10.050 Interinsurers, See INSURANCE, subtitle Reciprocals Investigations commissioner’s power to make 48.02.060 court powers in conducting 48.03.070 power of commissioner to make 48.02.060 Investments acquisition of medium and lower grade obligations limitations on 48.13.273 alien insurers 48.13.360 approval 48.13.340 bonds 48.13.050 generally 48.13.040 ineligible, disposal of 48.13.290 valuation of 48.12.170 Canadian securities 48.13.180 capital, required investments for 48.13.260 chattel mortgages, auxiliary 48.13.150 collateral loans 48.13.230 common stock, major acquisition, criteria 48.13.220 corporate obligations 48.13.050 deeds of trust 48.13.110 single family residence 48.13.125 definitions 48.13.060 derivative transactions 48.13.285 eligibility generally 48.13.010, 48.13.020 engaging in business of acquired company 48.13.220 equipment trust obligations 48.13.100 foreign alien insurers 48.13.360 securities 48.13.180 ineligible securities, disposal of 48.13.290 insurance stocks 48.13.210 merged reorganized institutions—application of earnings test to 48.13.070 securities, ineligible disposal of, etc. 48.13.070 miscellaneous limitations 48.13.240 mortgage bonds appraisal of property 48.13.140 authority 48.13.110 encumbrances, defined 48.13.130 generally 48.13.110 insurance on property 48.13.140 limitation 48.13.120 mortgage loans appraisal of property 48.13.140 encumbrance, defined 48.13.130 generally 48.13.120 insurance on property 48.13.140 limitation 48.13.120, 48.13.140 single family residence 48.13.125 net earnings merged and reorganized institutions 48.13.070 notes and contracts appraisal of property 48.13.140 authority 48.13.110 encumbrances, defined 48.13.130 insurance on property 48.13.140 limitation 48.13.120 notice of intention to acquire majority of common shares 48.13.220 obligations limitations on the acquisition of medium and lower grade obligations 48.13.273 securities valuation office, insurers authorized to invest in obligations rated by the 48.13.275 policy loans 48.13.190 preferred or guaranteed stocks 48.13.080 prohibited investments 48.13.270 property ineligible, disposal of 48.13.290 valuation of 48.12.190 public obligations 48.13.040 purchase money mortgages generally 48.13.110 valuation of 48.12.200 real estate contracts 48.13.110 appraisal of property 48.13.140 encumbrance, defined 48.13.130 insurance on property 48.13.140 real property amounts secured by restricted 48.13.265 disposal of, time limit for 48.13.170 home office and branch office building 48.13.160 disposal of real property, time limit for 48.13.170 owned by insurer 48.13.160 valuation 48.12.190 receiver’s obligations 48.13.090 record of 48.13.350 repurchase agreements, prohibition 48.13.280 required investments for capital and reserves 48.13.260 reserves, required investments for 48.13.260 savings accounts 48.13.200 savings and loan share accounts 48.13.200 secured by real property, amount restricted 48.13.265 securities ineligible, disposal of 48.13.290 merged and reorganized institutions 48.13.070 safeguarding procedures 48.13.450, 48.13.455, 48.13.460, 48.13.465, 48.13.470, 48.13.475, 48.13.480, 48.13.490 securities of one entity or depository institution, limitation on 48.13.030 securities valuation office insurers authorized to invest in obligations rated by the office 48.13.275 special consent investments 48.13.250 stocks common 48.13.220 ineligible, disposal of 48.13.290 insurance 48.13.210 limitations 48.13.218 preferred or guaranteed 48.13.080 valuation of 48.12.180 title insurance 48.29.130 trustee obligations 48.13.090 underwriting securities prohibited 48.13.280 [RCW Index—page 387] INSURANCE United States corporation bonds, valid investment for public and trust funds 39.60.010 valuation of bonds 48.12.170 purchase money mortgages 48.12.200 stocks 48.12.180 variable contracts, voting securities 48.18A.020 withholding or repurchase agreements, prohibition 48.13.280 Irrigation districts, purchase of 87.03.160 liability insurance for officials and employees, purchase authorized 87.03.162 Issuer, defined 48.01.053 Joint reinsurance, rate provisions, applicability 48.19.360 Joint underwriting or joint reinsurance examination of 48.03.010 rate provisions, applicability 48.19.360 Judicial bonds, premiums as recoverable cost 48.28.030 Jurisdiction contract of insurance within state submits outof-state resident or nonresident to state jurisdiction 4.28.185 liquidation mergers and rehabilitation 48.31.190 provisions in policies concerning 48.18.200 Labor unions group disability insurance Ch. 48.21 group insurance, trustee groups 48.24.070 group life insurance 48.24.050 Liabilities credit for reinsurance generally 48.12.160 deduction of special deposits, alien insurers 48.05.270 defined 48.12.030 liability of stockholders Const. Art. 12 § 11 mutual insurers, subscribers 48.09.220 reciprocal insurers, subscribers 48.10.250, 48.10.260, 48.10.270, 48.10.280, 48.10.290 Liabilities, See also INSURANCE, subtitle Contingent liability reserves, See INSURANCE, subtitle Reserves Liability for content of requested filings, immunity 48.01.190 Liability insurance annulment of policies void, when 48.18.320 college and university officers, employees and students 28B.10.660 insurers to report loss and expense data 48.05.390 loss expense, defined 48.12.140 loss payments, defined 48.12.140 loss reserve, computation 48.12.090 municipal corporations and political subdivisions, officers and employees 36.16.138 public utility districts officials and employees 54.16.095 purchase by irrigation districts for officials and employees, authorized 87.03.162 schedule of experience 48.12.110 unallocated loss expense, distribution 48.12.100 Licenses adjusters, See INSURANCE, subtitle Adjusters agents variable insurance contracts, requirements 48.18A.060 agents, See also INSURANCE, subtitle Agents, brokers, and solicitors brokers, See also INSURANCE, subtitle Agents, brokers, and solicitors examination bureaus 48.19.410 examination for, See INSURANCE, subtitle Examinations existing at time of code adoption, continuation of 48.01.110 [RCW Index—page 388] fees 48.14.010, Ch. 48.17, Ch. 48.97 general agents, See INSURANCE, subtitle General agents interrogatories of the commissioner, disclosure of information, requirement 48.56.030 master license system exemption 19.02.800 rating organizations 48.19.160, 48.19.170, 48.19.180, 48.19.190 solicitors, See INSURANCE, subtitle Agents, brokers, and solicitors specialty producer licenses Ch. 48.120 variable contracts return of and effect printed notice of 48.18A.035 variable life insurance and annuity contracts, special requirements 48.18A.040 Life expectancy, See INSURANCE, subtitle Mortality tables Life insurance accidental death, additional indemnity 48.23.250 age, misstatement of 48.23.060 assignment of 48.18.360 aviation, limitation of liability as to 48.23.260 beneficiary designation, consent of spouse presumed, when 48.18.440 cancellation or imposition of restriction based on handicap, notice 48.30.320 charter, founders, coupon policies coupon policies prior approval of commissioner required 48.25A.030 requirements of 48.25A.040 definitions 48.25A.010 founders policies, prohibited 48.25A.020 prohibited sales 48.25A.020 violations, penalty 48.25A.050 college and university faculty, officers, and students 28B.10.660 community property interests in 48.18.440 credit charges to debtor 48.34.110 commencement of term 48.34.080 debtor’s right to furnish own insurance 48.34.120 group policy, limitation on amount repayable 48.34.060 individual policy, limitation on amount 48.34.050 policies content 48.34.090 filing 48.34.100 purpose of provisions 48.34.010 refunds 48.34.110 small loan act, effect 48.34.910 substitute insurers 48.34.090 termination date of term 48.34.080 when subject to law 48.34.020 defined 48.11.020 dividends 48.23.070, 48.23.075 dealing in 48.23.330 double indemnity, rules and regulations 48.23.250 duties of insurer issuing both participating and nonparticipating policies rule-making 48.23.370 entire contract 48.23.040 exemption of proceeds 48.18.410 exemptions from rate filing 48.19.010 false statements in application, effect 48.18.090 fire protection district personnel 52.12.031 grace period 48.23.030 illegal inducements 48.30.155 incontestability 48.23.050 after reinstatement 48.23.270 insurable interest defined 48.18.030 guardians, trustees, and other fiduciaries 48.18.030 nonprofit organizations, procedure to establish interest in life of person 48.18.030 personal insurance 48.18.030 juvenile, fraud 48.23.345 limitation of liability 48.23.260 minors effectuation of insurance on, insurable interest 48.18.060 right to insure 48.18.020 miscellaneous proceeds, payment of to beneficiary 48.23.320 nonforfeiture options 48.23.100 options, table of 48.23.090 participation in surplus 48.23.070 form requirements 48.23.075 payment discharges insurer 48.18.370 payment on, simultaneous deaths 48.18.390 payroll deductions for public employees 41.04.020, 41.04.030 policy illustrations, format and use Ch. 48.23A policy loans interest rate 48.23.085 standard provision settlements 48.23.300 standard provisions 48.23.080 power to hold under agreement 48.23.300 premium deposits and agreements 48.23.290 premium refund ten days after purchase penalty for late return 48.23.380 proceeds deduction of indebtedness from 48.23.310 exemption of proceeds 48.18.410 indebtedness deducted from 48.23.310 miscellaneous definition 48.23.320 payment of 48.23.320 prohibited plans 48.23.340 reinstatement incontestability after 48.23.120, 48.23.270 scope of provisions 48.23.010 settlement on proof of death 48.23.130 spouse’s rights in 48.18.440 standard nonforfeiture law adjusted premiums calculation 48.76.050 benefit in case of premium default 48.76.040 cash surrender policies issued after 1986 48.76.080 cash surrender value 48.76.030 cash surrender value and benefit calculation 48.76.070 defined 48.76.010 inapplicable to certain policies 48.76.090 premium determination specified method unfeasible 48.76.060 provisions required nonforfeiture and cash surrender 48.76.020 standard provisions age, misstatement of 48.23.060 entire contract 48.23.040 grace period 48.23.030 incontestability 48.23.050 nonforfeiture options 48.23.100 participation in surplus 48.23.070 form requirements 48.23.075 policy loans, interest rates 48.23.080 reinstatement 48.23.120 required 48.23.020 settlement on proof of death 48.23.130 table of installments 48.23.110 table of values and options 48.23.090 statements in application, how deemed 48.18.090 suicide, limitation as to 48.23.260 supplemental benefits, rules and regulations 48.23.250 surrender of policy 48.18.300 table of installments 48.23.110 (2008 Ed.) INSURANCE values and options 48.23.090 trustees designation of trustee as beneficiary 11.98.170 trusts corpus for 48.18.450 designating trustee as beneficiary in will, payment of proceeds to trustee 48.18.452 failure of trustee to make claim, disposition of proceeds 48.18.452 payment of proceeds to trustee authorized 48.18.450 unclaimed property funds owing 63.29.070 valuation, minimum standard for 48.74.030 variable contracts accounting procedure 48.18A.020 agents, licensing requirements 48.18A.060 assets, sale, exchange or transfers of 48.18A.020 authority of insurers to establish fixed or variable accounts 48.18A.020 contract, required provisions 48.18A.030 federal requirements, compliance with 48.18A.020 insurer, licensing requirements to be compiled with 48.18A.040 investments authority 48.18A.020 valuation of 48.18A.020 issuance and sale, commissioner’s authority to regulate 48.18A.070 mandatory and permissive provisions 48.18A.050 optional modes of settlement 48.18A.020 other laws applicable 48.18A.050 proceeds applied under dividend options 48.18A.020 reserves required 48.18A.020 return of and effect printed notice of 48.18A.035 trustee, insurer, not to set self out as 48.18A.020 valuation of investments 48.18A.020 viatical settlements Ch. 48.102 victims of crimes reduction of benefits 7.68.130 war risks, limitation as to 48.23.260 Washington life and disability insurance guaranty association act Ch. 48.32A Life insurance, See also INSURANCE, subtitle Group life insurance; INSURANCE, subtitle Industrial life insurance; INSURANCE, subtitle Life insurers annuities, See INSURANCE, subtitle Annuity contracts forfeiture, See INSURANCE, subtitle Standard nonforfeiture law forms, See INSURANCE, subtitle Standard provisions group life, See INSURANCE, subtitle Group life insurance industrial life insurance, See INSURANCE, subtitle Industrial life insurance Life insurers authority to grant annuities and transact disability insurance 48.05.330 policy plans, types prohibited 48.23.340 reciprocal insurer, prohibited from transacting life insurance 48.05.330 Limitation of actions disability policies, standard provisions for 48.20.050, 48.20.052, 48.20.142 officers’ salaries, domestic mutuals 48.09.210 policies, provisions in concerning 48.18.200 Limitation of single risk 48.11.140 Liquidation actions at law or equity following appointment of liquidator powers and duties of liquidator 48.31.131 special procedural rules 48.31.131 alien insurers ancillary liquidation, order of 48.31.100 (2008 Ed.) conservation of assets of order of 48.31.090, 48.31.100 generally 48.13.070 ancillary liquidation, foreign or alien insurers, order of 48.31.100 borrowing on assets 48.31.240 claims ancillary receiver in another state or country, failure to transfer assets, effect on claims filed in that ancillary receivership 48.31.184 contingent claims, allowance of 48.31.300 creditor’s claim secured by another person; subrogation rights, distribution in absence of agreement 48.31.151 date rights fixed 48.31.260 denial by liquidator; notice requirements, court hearing on claimant’s objections 48.31.145 distributions involving one or more reciprocal states, governing law 48.31.181 filing, time for 48.31.310 party with right of action against insured of insolvent liability insurer, allowance of 48.31.300 priority and order of distribution of claims 48.31.280 priority of claims 48.31.181 resident claimants may file claims with liquidator, with ancillary receiver, or with the domiciliary liquidator 48.31.171 secured claims 48.31.181 secured claims, allowance of 48.31.300 special deposit claims 48.31.181 contingent liability, assessment—levy of 48.31.330 date rights fixed 48.31.260 delinquency proceedings commencement by insurance commissioner 48.31.111 commencement of 48.31.190 cooperation with commissioner required in 48.31.105 definitions 48.31.105 failure to cooperate with commissioner, penalties 48.31.105 formal delinquency proceeding commissioner may petition court for 48.31.121 insurer may petition for hearing and review 48.31.121 immunity from suit and liability, persons entitled to protection 48.31.115 jurisdiction of courts 48.31.111 recovery from reinsurer direct payment to insured does not diminish obligation, exceptions 48.31.135 recoverable amount not reduced by proceedings 48.31.135 deposit of moneys 48.31.220 dispersal of assets by receiver, procedure 48.31.185 domiciliary liquidator resident claimants may file claims with liquidator, with ancillary receiver, or with the domiciliary liquidator 48.31.171 vesting of title to assets and property in, insurance commissioner’s duties 48.31.171 filing fees, exemption 48.31.230 foreign insurers ancillary liquidation, order of 48.31.100 conservation of assets, order of 48.31.080, 48.31.100 funds, deposit of 48.31.220 grounds for 48.31.050 injunctions in aid of 48.31.200 insurer definition for purposes of chapter 48.31.020 mutual insurers, assessment judgment on 48.31.360 levy of 48.31.330 order of, publication and transmittal 48.31.350 order to pay 48.31.340 report for 48.31.320 offsets 48.31.290 order of 48.31.060 premiums responsibility for payment of earned or unearned premiums; violations, penalties, and rights of aggrieved party 48.31.141 priority and order of distribution of claims 48.31.280 proceedings appeal 48.31.190 removal 48.31.210 receivers ancillary receiver in another state or country, failure to transfer assets, effect on claims filed in that ancillary receivership 48.31.184 domiciliary receiver appointed in another state, liquidator to act as ancillary receiver 48.31.165 if no domiciliary receiver appointed commissioner may apply for liquidation order; notice requirements 48.31.165 reciprocals, assessment judgment on 48.31.360 levy of 48.31.330 order, publication and transmittal 48.31.350 order to pay 48.31.340 report for 48.31.320 rehabilitation action to which insurer subject to rehabilitation order is party special procedural rules 48.31.045 grounds for 48.31.030 rehabilitation order 48.31.040 reopening of liquidation proceedings good cause required 48.31.161 rights, date fixed 48.31.260 termination of coverage following issuance of liquidation order 48.31.125 transfers, voidable 48.31.270 unclaimed funds 48.31.155 uniform insurers liquidation act attachment, garnishment, or execution stayed during pendency of proceedings 48.99.070 claims domestic insurer, claim of nonresident against, procedure 48.99.040 foreign insurer, claim of resident against, procedure 48.99.050 priority of claims 48.99.060 definitions 48.99.010 domestic insurer, claim of nonresident against, procedure 48.99.040 domestic insurer, conduct of proceedings involving 48.99.020 foreign insurer, claim of resident against, procedure 48.99.050 foreign insurer, conduct of proceedings involving 48.99.030 interpretation and construction of act 48.99.080 lien obtained by attachment, garnishment, or execution voided 48.99.070 priority of claims 48.99.060 short title 48.99.010 venue 48.31.210 voidable transfers 48.31.270 Liquidation, See also INSURANCE, subtitle Uniform insurers’ liquidation act Loans, investments in, See INSURANCE, subtitle Investments Loans on security of common stocks 48.13.218, 48.13.220 Local government, self-insurers, self-funding excluded from definition of "insurer" 48.01.050 Local government self-insurance authority access to program information 48.62.101 [RCW Index—page 389] INSURANCE bond requirements 48.62.111 definitions 48.62.021 deposit requirements 48.62.111 educational service district programs, rulemaking authority of superintendent of public instruction 48.62.125 employees and officials, remuneration beyond salary and benefits prohibited 48.62.121 executive sessions, authority to hold 48.62.101 governing control, obligation to maintain 48.62.121 health and welfare advisory board creation, membership, and duties 48.62.051 health and welfare benefit trusts authority to participate in 48.62.121, 48.62.123 health care services, inclusion of mandated benefits 48.62.121 immunity for disclosure of information required by state risk manager or state auditor 48.62.171 insufficient assets, provision for, requirements 48.62.141 insurance premium taxes, exemption from 48.62.151 investigation fee, state risk manager to establish and charge 48.62.161 investments, restrictions on 48.62.111 multi-state program participation, requirements 48.62.081 operation and management of program, general conditions and restrictions on 48.62.121 preexisting programs, notice to state auditor required 48.62.131 producers, use of 48.62.121 program approval or disapproval, state risk manager’s duties 48.62.091 program approval required from state risk manager 48.62.071 property and liability advisory board creation, membership, and duties 48.62.041 public disclosure, limits on 48.62.101 reviews and investigations, costs to be charged to program under review or investigation 48.62.161 risk manager as attorney for acceptance of service 48.62.031 scope of authority 48.62.031 start-up assessments, authority of advisory boards to levy and collect 48.62.161 state risk manager rule-making and standard setting authority 48.62.061 summons, service of 4.28.080 treasurer, designation of 48.62.111 Long-term care coverage benefit funded through life insurance policy 48.83.080 chapter application, policies issued after January 1, 2009 48.83.010 definitions 48.83.020 denial of claims 48.83.090 documents required for applicants 48.83.070 inflation protection features 48.83.110 intent 48.83.005 license required when selling, soliciting, or negotiating 48.83.130 nonforfeiture benefit option 48.83.120 out-of-state policy 48.83.030 preexisting conditions 48.83.040 prohibited policy terms and practices 48.83.050 prohibited practices 48.83.150 rescission of policy or certificate 48.83.100 right to return policy or certificate 48.83.060 rules, generally 48.83.170 suitability standards for coverage 48.83.140 violations, fine 48.83.160 Long-term care insurance act definitions 48.84.020 disclosure rules 48.84.050 [RCW Index—page 390] general provisions, policies issued before January 1, 2009 48.84.010 prohibited practices 48.84.060 prohibited provisions, policies and contracts 48.84.040 rules 48.84.030 separation of data 48.84.070 Long-term care partnership program consumer education program 48.85.040 financing of long-term care through private insurance and medicaid funds 48.85.010 insurance policy criteria 48.85.030 protection of participant assets 48.85.020 Loss, proof of, forms furnished by insurer 48.18.460 furnishing not waiver 48.18.470 Loss expense, defined 48.12.140 Loss experience recording of 48.19.370 reporting of, rate making purposes 48.19.370 Loss payments, defined 48.12.140 Loss records 48.12.070 Loss reserve liability insurance, computation 48.12.090 Lumpectomy discrimination based on, certain prohibited 48.20.397, 48.21.235, 48.44.335 Mammograms disability insurance coverage 48.20.393 group disability plans, required coverage 48.21.225 required coverage, health care services contracts 48.44.325 Management organization, examination of 48.03.020 Managing general agents continuing use of agent, compliance with chapter required 48.98.040 contract between managing general agent and insurer, insurer duty to notify commissioner of entry into or termination of 48.98.020 contract between managing general agent and insurer, minimum provisions 48.98.015 definitions 48.98.005 examination by insurance commissioner 48.98.025 insurers loss reserves established by managing general agent, duty to obtain annual actuarial opinion on 48.98.020 on-site review of managing general agent 48.98.020 quarterly review of books and records to determine if agent has become managing general agent 48.98.020 required practices for 48.98.020 licensing requirements 48.98.010 rule-making authority 48.98.035 violations of chapter, penalties 48.98.030 Mandated health benefits benefit proposal, assessment of impact 48.47.030 definitions 48.47.010 establishment 48.47.020 legislative findings 48.47.005 Manuals, publication and sale of 48.02.180 Marine and transportation insurance defined 48.11.050 exemption from surplus line coverage 48.15.160 limitation of actions 48.18.200 transaction of additional kind of insurance without special surplus prohibited 48.05.360 unearned premiums reserve 48.12.050 Marine and transportation insurance, See also INSURANCE, subtitle Ocean marine and foreign trade insurance Marine and transportation insurers, profits tax 48.14.020 prepayment requirements 48.14.025 Marine protection and indemnity, defined 48.11.050 Market conduct oversight Ch. 48.37 Mastectomy discrimination based on, certain prohibited 48.20.397, 48.21.235, 48.44.335 reconstructive breast surgery disability insurance coverage 48.20.395 group disability insurance coverage 48.21.230 health care insurance to cover 48.44.330 Material transactions, disclosure requirements 48.05.510, 48.05.515, 48.05.520, 48.05.525, 48.05.530, 48.05.535 Medical insurance, See INSURANCE, subtitle Disability insurance; INSURANCE, subtitle Health care services Medical malpractice closed claim reporting Ch. 48.140 health care liability risk management training program 48.22.080 health care practitioner coverage by selfinsurer conditioned upon participation in risk management training 48.05.410 midwives and birthing centers, joint underwriting association administration of plan 48.87.060 composition of association 48.87.040 definitions 48.87.020 legislative intent 48.87.010 liability limits 48.87.050 plan for establishment of association, requirements for 48.87.030 policies written on a claims made basis, required insurer guarantees 48.87.070 rating plan requirements 48.87.050 risk management program requirements 48.87.080 rule-making authority 48.87.100 osteopathy settlements and awards, insurers must report 18.57.245 retired providers providing free care to lowincome persons, health department may provide insurance for 43.70.460 conditions for participation 43.70.470 settlements and awards, insurers must report to medical quality assurance commission 18.71.350 Medical risk adjustment mechanisms disapproval by legislature, submission of revised package by health services commission 43.72.180 Medicare supplemental health insurance benefit limitations 48.66.030 "benefit period," "medicare benefit period," minimum requirements 48.66.080 benefit standards 48.66.030 commissioner’s approval required before issuance or use of policy, form, rider, or endorsement 48.66.035 conformity with federal law, authority of insurance commissioner to make necessary rules 48.66.165 definitions 48.66.020 disclosure requirements 48.66.110 eligibility 48.66.055 federal law supersedes 48.66.160 health deterioration, cancellation for, prohibited 48.66.090 loss ratio requirements 48.66.100 mandated coverage 48.66.045 mass sales policies treated as individual policies 48.66.100 medical history, completion requirement 48.66.140 medicare cost-sharing changes, automatic benefit adjustments 48.66.070 minimum standards 48.66.041 outline of coverage, delivery to potential policy holder required 48.66.110 PACE program 48.01.270 policemen, first class city (2008 Ed.) INSURANCE board authorized to reimburse retired member for premiums paid 41.20.120 policy or certificate provision prohibitions 48.66.050 preexisting condition limitations, restrictions 48.66.130 rates 48.66.045 record keeping data required to be maintained separate from other disability insurance data 48.66.150 renewability of policy must be guaranteed 48.66.090 return of policy, premium refund, effect of return 48.66.120 sickness, accident coverage equality 48.66.060 state health care authority choice of policies available 41.05.195 state health care authority self-insured plan 41.05.197 Membership domestic mutuals, in general 48.09.110 fee, premium as part of 48.18.170 rights, domestic mutuals 48.09.120 share of assets, domestic mutuals 48.09.360 Memorandum of insurance, motor vehicle and aircraft, contents, delivery 48.18.260 Mental health regional support networks exemption from title 48 RCW in regard to operation of a medical assistance managed care system 48.01.220 Mental health services disability insurance 48.20.580 health care access 48.41.220 Mergers generally 48.31.010 insurer definition for purposes of chapter 48.31.020 mutuals 48.09.350 reciprocals 48.10.330 Midwife and birth center malpractice insurance joint underwriting association administration of plan 48.87.060 composition of association 48.87.040 definitions 48.87.020 legislative intent 48.87.010 liability limits 48.87.050 plan for establishment of association, requirements for 48.87.030 policies written on a claims made basis, required insurer guarantees 48.87.070 rating plan requirements 48.87.050 risk management program requirements 48.87.080 rule-making authority 48.87.100 Minors effectuation of insurance upon, insurable interest 48.18.060 power to contract for insurance 48.18.020 Misrepresentation generally 48.30.040 health care service contractors 48.44.120 negotiation of insurance contract 48.18.090 of policies 48.30.090 Misstatement of age or sex standard provisions disability insurance 48.20.050 group life insurance 48.24.150 Monopolies, generally 48.30.250 Mortality tables, duty of commissioner to obtain and publish 48.02.160 Mortgage insurance Ch. 61.10 Mortgage loans and contracts, investments in, See INSURANCE, subtitle Investments Motor freight carriers 81.80.190, 81.80.200 liability insurance requirements governed exclusively by chapter 81.80 RCW 81.80.195 Motor vehicle liability coverage, mandatory insurance identification card, refusal to produce 46.61.020 (2008 Ed.) Motor vehicle financial responsibility law, See MOTOR VEHICLES, subtitle Financial responsibility law Motor vehicle insurance accident prevention course reduction of premium for older insureds completing 48.19.460, 48.19.470, 48.19.480, 48.19.490 anti-theft devices, lights, rate consideration 48.19.501 assigned risk plan 48.22.020 cancellations 48.18.291 exceptions permitted 48.18.296 limitation on cancellation, nonrenewal, or denial based upon driving record 46.52.130 limitation on liability of insurance commissioner for transmittal of cause for cancellation 48.18.293 notice 48.30.320 private passenger automobile, defined 48.18.297 debt and financing coverage 48.22.060 defined 48.11.060 destroyed vehicle, company settling claim to notify director of motor vehicles 46.12.070 driver’s license suspension for nonpayment of child support, effect 48.22.140 driver’s record, cancellation, nonrenewal, or denial based upon, limitation 46.52.130 driver’s record, contents and access 46.52.130 employment driving record, consideration of prohibited 48.30.310 hit and run insurance to be provided, exception, claims 48.22.030 insolvent motorist 48.22.040 liability coverage, mandatory financial responsibility, giving false evidence of penalty 46.30.040 insurance identification card 46.30.030 insurance or other form of financial responsibility required, violations, exceptions 46.30.020 proof of financial responsibility, duty to present at request of law enforcement officer 46.30.020 market assistance plans 48.22.050 memorandum of or duplicate policy, contents and delivery 48.18.260 nonrenewal 48.18.292 exceptions permitted 48.18.296 limitation on liability of insurance commissioner for transmittal of cause for nonrenewal 48.18.293 private passenger automobile, defined 48.18.297 personal injury protection benefits coverage in lieu of required minimum coverage, benefit limits 48.22.100 definitions 48.22.005 exceptions and exclusions 48.22.090 minimum coverage requirements, benefit limits 48.22.095 offering as optional coverage required 48.22.085 rejection of optional coverage by insured 48.22.085 rule-making authority of insurance commissioner 48.22.105 "phantom vehicle", defined 48.22.030 phantom vehicles claims 48.22.030 reciprocals 48.10.070 rental car specialty insurance producer license act Ch. 48.115 restriction based on handicap, imposition of notice 48.30.320 seat belts, other life-saving devices rate-making consideration 48.19.500 senior citizens, fifty-five and over premium reduction for accident prevention course 48.19.460, 48.19.470, 48.19.480, 48.19.490 transaction of additional kind of insurance without special surplus prohibited 48.05.360 umbrella or excess policies, underinsured coverage inapplicable 48.22.030 underinsured motorist to be provided, exception 48.22.040 claims 48.22.030 Motor vehicle operator’s record furnished insurance companies 46.52.130 Motor vehicles liability policy defined 46.29.490 minimum coverage 46.29.090 proof of financial responsibility defined 46.29.260 Mutual insurers assessment of members 48.09.230 assessment plan, insurers prohibited, exception 48.06.020 domestic additional insuring powers, qualifications 48.09.090 annual meetings, notice of 48.09.140 assessment liability, assessment plan insurers 48.09.240 borrowed capital generally 48.09.320 repayment 48.09.330 bylaws, generally 48.09.130 contingent liability of members 48.09.240 accrual of 48.09.220 assessment on liquidation or rehabilitation judgment on 48.31.360 levy of 48.31.330 order, publication and transmittal 48.31.350 order to pay 48.31.340 report for 48.31.320 as asset 48.09.250 computation of 48.09.230 generally 48.09.220 lien on reserves 48.09.260 offset against 48.09.230 stipulation of 48.09.110 conversion of 48.09.350 corporate meetings, proxies 48.09.150 directors, qualifications 48.09.160 disability insurers, additional insuring powers 48.09.090 distribution of assets upon liquidation 48.09.360 dividends, generally 48.09.300 expenses, limitation of 48.09.180 penalty for violation 48.09.190 impairment of surplus 48.09.340 limitation of single risk 48.11.140 members generally 48.09.110 proxies 48.09.150 rights of 48.09.120 share of assets 48.09.120 name 48.06.200 nonassessable policies in general 48.09.270 policies included 48.09.280 qualifications on issuance of nonassessable policies 48.09.280 revocation of authority to issue 48.09.290 nonparticipating policies, in general 48.09.310 officers’ salaries, limitation of actions on 48.09.210 property insurers, additional insuring powers, qualifications 48.09.090 qualification, in general 48.09.010 reinsurance of, acceptance of, assessment plan insurers 48.09.350, 48.11.130 reorganization as stock insurer 48.09.350 surplus additional requirements 48.09.090, 48.09.100 impairment of 48.09.340 [RCW Index—page 391] INSURANCE minimum 48.09.100 liquidation, distribution of assets 48.09.360 nonassessable policies 48.09.270 organization of application to form 48.06.160 organization of, See also INSURANCE, subtitle Organization of insurers reorganization as stock insurer distribution of assets 48.09.360 Mutual savings banks, See MUTUAL SAVINGS BANKS, subtitle Insurance Mutualization, domestic stock insurers 48.08.080 Names documents filed affecting, notice requirements 48.02.122 health care service contractors 48.44.090 misleading, prohibited 48.30.060 mutual insurers, use of 48.06.200 reciprocal insurers, use of 48.10.060 underwriter policies, liability for use 48.18.250 use of by insurers 48.05.190 National association of insurance commissioners, defined 48.02.140 Neurodevelopmental therapy required coverage, employer-sponsored group contracts 48.21.310, 48.44.450 Nonassessable policies mutuals, generally 48.09.270 policies included 48.09.280 reciprocals 48.10.300 revocation of power 48.09.290 Nonforfeiture standard nonforfeiture law 48.76.010 Nonparticipating policies, domestic mutuals, generally 48.09.310 Nonprofit corporation act, excluded from 24.03.015 Nonrenewal notice requirements 48.18.289 Notes, hypothecation of prohibited 48.30.200 Ocean marine and foreign trade insurance nondelivery in state, exemptions for 48.18.010 unauthorized insurers may write 48.15.160 Ocean marine and foreign trade insurances defined 48.11.105 Offenders performing community restitution workers’ compensation and liability insurance coverage 35.21.209, 36.16.139 Officers existing, continuation of 48.01.100 misconduct of 48.30.120 salaries, limitation of actions on, domestic mutuals 48.09.210 Orders of the commissioner appeal from, See INSURANCE, subtitle Appeals Organization of insurers defamation of proposed insurers prohibited 48.30.080 escrow of funds, withdrawal on failure to complete organization 48.06.120, 48.06.170 failure to complete 48.06.170 false exhibits 48.06.190 illegal inducements 48.30.150 insurance applications for, contents 48.06.160 liability of organizers 48.05.130, 48.06.130 mutual assessment insurers prohibited, exceptions 48.06.020 organization expenses 48.06.130 promoters, liability of 48.06.130, 48.06.150 solicitation permit application contents 48.06.040 examination 48.06.050 bond for 48.06.110 contents 48.06.070 deposit for 48.06.110 expiration 48.06.070 as inducement 48.06.080 issuance 48.06.060 modification 48.06.100 [RCW Index—page 392] required 48.06.030 revocation 48.06.100 solicitation under, license for 48.06.090 surety bond 48.06.110 stock issuance of, conditions for 48.06.150 type of insurers permitted 48.06.010 Over-insurance of property prohibited 48.27.010, 48.30.260 Participating policies, dividends mutuals 48.09.300 payable to real party in interest 48.18.340 reciprocals 48.10.310 stock insurers, domestic 48.08.070 Penalties failing to file information, documents or reports, daily fine 48.08.190 general 48.01.080 Perjury 9A.72.030 Permanent and total disability, life insurance 48.23.250 Permits solicitation application, contents 48.06.040, 48.06.050 endorsement by commissioner, construction as 48.06.080 organization of insurers, generally 48.06.030, 48.06.040, 48.06.050, 48.06.060, 48.06.070 solicitation, See also INSURANCE, subtitle Organization of insurers solicitation permit to organize insurer 48.06.030, 48.06.040 Person, defined 48.01.070 Personal coverage insurance commissioner authority 48.42.010 lack of coverage, must advise purchasers 48.42.050 rates credit history or insurance score 48.19.035 regulation examination by commissioner to see if in compliance 48.42.030 if unable to show other regulation subject to insurance commissioner 48.42.040 jurisdiction belongs with another agency, how shown 48.42.020 underwriting restrictions, credit history 48.18.545 Phenylketonuria 48.20.520, 48.21.300, 48.44.440, 48.46.510 Physical examinations, standard provisions 48.20.132, 48.21.100 Physical therapy, coverage and benefits not mandated or regulated 18.74.135 Physicians examining, misrepresentations by in applications for insurance 48.30.210 Pilot vehicles, mobile home movements minimum coverage 46.44.180 Plain language required health care insurance, notice of cancellation, denial, or nonrenewal of policy 48.18.540 health care service contractors, notice of cancellation, denial, or refusal to renew contract 48.44.260 health insurance pool explanatory brochure 48.41.110 health maintenance organizations, notice of cancellation, denial, or refusal to renew agreement 48.46.380 notice of cancellation or imposition of restriction based on handicap 48.30.320 Podiatrists health care contractors cannot deny payment 48.44.220, 48.44.225, 48.44.300 Policies annulment retroactively, prohibition 48.18.320 applications for, See INSURANCE, subtitle Applications for insurance binders, generally 48.18.230 breach of conditions or warranties, effect of intervening breach 48.18.350 bylaws, how included 48.18.160 cancellation automobile policies 48.18.291 exceptions permitted 48.18.296 disability policies 48.18.299 insurer, effectuation of 48.18.290 procedure for 48.18.290, 48.18.300 cancellation by commissioner 48.18.310 cancellations automobile policies private passenger automobile, defined 48.18.297 combination policies, generally 48.18.250 commercial property casualty insurance issuance prior to filing 48.18.103 policy forms 48.19.043 construction of 48.18.520 laws applicable 48.18.200 provisions in policy regarding 48.18.200 contents in general 48.18.140, 48.18.150 credit life, accident and health 48.34.040, 48.34.090 definition 48.18.140 delivery of 48.18.260 disability, right of cancellation with full return of premium, notice, when 48.20.013 disability insurances, changes to be evidenced by endorsement 48.20.015 duplicates coverage of third persons or property of, statement 48.18.260 generally 48.18.260 endorsements disapproval, grounds for 48.18.110 filing and approval certification and noncertification 48.18.100 entire contract 48.18.190 examination by examining bureau 48.19.410 execution of facsimile signatures 48.18.210 generally 48.18.210 obsolete signatures, effect upon validity 48.18.210 exemption of proceeds annuities 48.18.430 disability insurance 48.18.400 group life insurance 48.18.420 life insurance 48.18.410 form existing at time of code adoption, continuation of 48.01.120 form numbers 48.20.012 form of disapproval, grounds for 48.18.110 standard forms 48.18.120 validity of noncomplying 48.18.510 format, disability insurance 48.20.012 forms certification and noncertification 48.18.100 filing and approval 48.18.100 group, assignment of interests under 48.18.375 insured named, interest controls 48.18.050 lapses, unlawful inducement 48.30.180 limitation of actions in 48.18.200 loans on, limitation 48.13.190 lost, cancellation by insured, procedure 48.18.300 misrepresentation of, prohibition 48.30.090 modifications, writing required 48.18.190 motor vehicle underinsured motorist to be provided, exception, claims 48.22.030 nonassessable, See INSURANCE, subtitle Nonassessable policies noncomplying, construction of 48.18.510 nonparticipating, domestic mutuals, generally 48.09.310 nonrenewal automobile policies exceptions permitted 48.18.296 private passenger automobile, defined 48.18.297 disability policies 48.18.298 premium, deductible changes (2008 Ed.) INSURANCE automobile policies 48.18.292 notice, automobile policies 48.18.292 participating, See INSURANCE, subtitle Participating policies payment of proceeds, simultaneous deaths, life and disability insurances 48.18.390 payments under discharges insurer 48.18.370 persons entitled to receive, life and disability insurance 48.18.370 plain language required health care insurance, notice of cancellation, denial, or nonrenewal of policy 48.18.540 health care service contractors, notice of cancellation, denial, or refusal to renew contract 48.44.260 health maintenance organizations, notice of cancellation, denial, refusal to renew agreement 48.46.380 notice of cancellation or imposition of restriction based on handicap 48.30.320 premiums, See INSURANCE, subtitle Premiums renewal certificate of 48.18.280 procedure for 48.18.280 riders disapproval, grounds for 48.18.110 filing and approval certification and noncertification 48.18.100 spouse’s right in, life insurance 48.18.440 standard provisions generally 48.18.130 surrender of, concurrence presumed 48.18.300 underwriters policies, generally 48.18.250 validity, effect of illegal provisions upon 48.18.200 valuation, minimum standards 48.74.030 variable contracts, mandatory and permissive provisions 48.18A.050 variable life insurance and annuity contracts return of and effect printed notice of 48.18A.035 variable life insurance and annuity contracts, mandatory policy provisions 48.18A.030 Policy fee, as part of premium 48.18.170 Policy loans, life insurance deduction of from proceeds 48.23.080, 48.23.310 interest rate 48.23.085 Pollution liability insurance program administration 70.148.030 cancellation or refusal by insurer, appeal 70.148.080 definition 70.148.010 director powers and duties 70.146.050, 70.148.050 rule-making authority 70.148.040 disclosure of proprietary reports and information, penalties for unauthorized disclosures 70.148.060 exemption from Title 48 RCW, exceptions 70.148.090 insurer selection process, criteria 70.148.070 program design and cost coverage 70.148.035 reservation of legislative power 70.148.110 trust account 70.148.020 underground petroleum storage tanks legislative findings and intent 70.148.005 Port district commissioners, insurance for benefit of 53.08.170 Port district officials and employees, liability insurance 53.08.205 Preferred or guaranteed stocks or shares, investments in, See INSURANCE, subtitle Investments Premium deposits, life insurance 48.23.290 Premium finance agreement, mandatory contents 48.56.080 Premium finance companies cancellation, refund of unearned premiums, procedure 48.56.120 (2008 Ed.) cancellation of insurance for nonpayment, notice, minimum required 48.56.110 default, maximum charge 48.56.100 definitions 48.56.020 delinquency charges 48.56.100 disclosure of information required 48.56.030 exemptions from act, limited nature of 48.56.030 insurance commissioner, interrogatories of, requirement for answering 48.56.030 insurance premium finance company, defined 48.56.020 investigation of applicants 48.56.040 license application for 48.56.040 fee 48.56.030 investigation of licensee 48.56.040 issuance 48.56.040 operation without, unlawful, penalty 48.56.030 qualifications for 48.56.040 refusal to issue, procedure, right to hearing 48.56.040 requirement 48.56.030 revocation or suspension of license procedure, grounds 48.56.050 licensee, defined 48.56.020 penalties, unlawful operation without license 48.56.030 premium finance agreement contents, required 48.56.080 defined 48.56.020 delinquency charge, default 48.56.100 filing, not required to perfect validity 48.56.130 power of attorney, limitation on use 48.56.110 service charge, maximum 48.56.090 records examination by insurance commissioner 48.56.060 preservation, method 48.56.060 requirement 48.56.060 revocation or suspension of license penalty in lieu of license suspension 48.56.050 right to hearing 48.56.050 rules and regulations, authority of commissioner to adopt 48.56.070 service charge, maximum 48.56.090 short title 48.56.010 suspension or revocation of license procedure, grounds 48.56.050 Premium rates, supervision of, See INSURANCE, subtitle Rates Premium tax amount of direct premium taxable in this state, how determined 48.14.090 credit for assessments for payment of claims against insolvent insurers 48.32.145 foreign or alien insurer, liability to pay tax after withdrawal from state 48.14.100 international services in eligible areas, tax credit 48.14.029 in lieu of other forms of taxation 48.14.080 premiums received from pension, annuity or profit-sharing plans exempt under internal revenue code, rate of tax 48.14.021 purchasing groups requirements regarding imposition, obligation, and member’s liability 48.92.095 Premiums defined 48.18.170 determination of reserves by, generally 48.12.040 disability insurance, unpaid, optional standard provisions for 48.20.232 disability policy, return of premium upon cancellation, notice, when 48.20.013 discounts, prohibitions 48.30.140 excess premiums, penalty for collection 48.30.190 group disability insurance 48.21.070 illegal dealing in 48.30.190 industrial life, refund of percentage 48.25.170 insolvent insurer responsibility for payment of earned or unearned premiums; violations, penalties, and rights of aggrieved party 48.31.141 must include all charges 48.18.180 notes, hypothecation of prohibited 48.30.200 rate making criteria 48.19.030 rates standards 48.19.020 rates, See INSURANCE, subtitle Rates refund, life insurance, ten day period penalty for late return 48.23.380 return of, penalty for failure to return 48.30.190 surety insurance, general provisions 48.28.020, 48.28.030, 48.28.040 tax on credit for assessments for payment of claims against insolvent insurers 48.32.145 title insurance, generally 48.29.140 unearned, determination of reserve necessary 48.12.040 Premiums and prepayments tax 48.14.0201 Prenatal testing 48.21.244, 48.42.090, 48.44.344, 48.46.375 Prepaid care, See INSURANCE, subtitle Health care services Prizes, as illegal inducement 48.30.150 Process, See INSURANCE, subtitle Service of process Producers, insurance Ch. 48.17 Product regulation, interstate compact Ch. 48.130 Promoters, examination of 48.03.020 Proof of loss false, penalty 48.30.230 forms furnished by insurer 48.18.460 furnishing not waiver 48.18.470 Property commercial property casualty insurance issuance prior to filing 48.18.103 policy forms 48.19.043 ineligible, disposal of 48.13.290 insurable interests in 48.18.040 investments in, See INSURANCE, subtitle Investments valuation of property held by insurer 48.12.190 willful injury to or destruction 48.30.220 Property and casualty insurers to report loss and expense data 48.05.380 Property in rented premises, lien on proceeds 60.72.010 Property insurance broker-controlled property and casualty insurers, See INSURANCE, subtitle Broker-controlled property and casualty insurers cancellation or imposition of restriction based on handicap, notice 48.30.320 debtor selection, right of 48.30.260 defined 48.11.040 limitation of single risk 48.11.140 over-insurance prohibited 48.27.010, 48.30.260 replacement insurance 48.27.020 Property insurers mutuals, domestic, See INSURANCE, subtitle Mutual insurers reciprocal, domestic, surplus required 48.10.070 Prosecuting attorneys, duty to represent commissioner 48.02.080 Proxies holders of, examination of 48.03.020 members, domestic mutuals 48.09.150 [RCW Index—page 393] INSURANCE Public adjusters, See INSURANCE, subtitle Adjusters Public employees associations, group life insurance 48.24.060 Public fireworks display 70.77.285 Public interest declaration of 48.01.030 duties in regard to 48.01.030 Public obligations, investment in, See INSURANCE, subtitle Investments Public offices, bonds of, costs paid by public 48.28.040 Publications concerning 48.02.180 Puget Sound ferry system, insurance on facilities of authorized Ch. 47.60 Purchase money mortgages, investments in, See INSURANCE, subtitle Investments Purchase of bridges or ferries by transportation department, insurance on authorized 47.56.050 Pure endowments, See INSURANCE, subtitle Annuities Rates advisory organizations definition 48.19.320 desist orders on 48.19.340 disqualification of data 48.19.350 examination of 48.03.010 qualification 48.19.330 agreements as to rates 48.19.420 assigned risks 48.19.400 consultation regarding 48.19.380 control by compact, prohibition 48.30.020 deviations, generally 48.19.280 examination of contracts 48.19.410 excess rates 48.19.090 exchange of experience 48.19.380 expense experience, recording and reporting of 48.19.370 false and misleading information, prohibition 48.19.390 filings bureau filings 48.19.050 contents 48.19.040 disapproval of 48.19.100, 48.19.120 effective date 48.19.060 review of 48.19.060 special disapproval of 48.19.070, 48.19.110 waiver of 48.19.080 joint reinsurance, applicability of provisions to 48.19.360 joint underwriting, applicability of provisions to 48.19.360 loss experience, recording and reporting of 48.19.370 making of rates consultation in regard to 48.19.380 credit history or insurance score 48.19.035 criteria 48.19.030 how made 48.19.030 penalties for violation of rate supervision provisions 48.19.430 prohibited practices 48.30.240 rate agreements 48.19.420 rate wars prohibited 48.30.240 rating organizations, See INSURANCE, subtitle Rating organizations scope of chapter 48.19.010 standard for rates 48.19.020 supervision of, scope 48.19.010 violation of provisions regarding, penalties 48.19.430 Rating organizations changes in, notice of 48.19.200 cooperation authorized 48.19.250 deviations by subscribers from filing made by 48.19.280 discrimination prohibited 48.19.140 examination of, in general 48.03.010 false or misleading information to 48.19.390 filing by 48.19.050 insureds appeals by 48.19.310 [RCW Index—page 394] service to 48.19.300 license 48.19.160 application for 48.19.170 issuance of 48.19.180 revocation or suspension 48.19.190 members, not governed 48.19.140 records of examination by commissioner 48.19.270 rules, dividends not to be affected 48.19.240 special filings 48.19.070 subscribers admission of, review of refusal 48.19.220 advisory committees of 48.19.230 appeal by 48.19.290 defined 48.19.140 deviation from rates filed by 48.19.280 rights and limitations 48.19.210 subscriberships requirement of 48.19.150 rules, review of 48.19.220 rules for 48.19.210 technical services, procurement of 48.19.260 Real estate contracts, investments in, See INSURANCE, subtitle Investments Real property, investments in, See INSURANCE, subtitle Investments Rebates acceptance by insured, penalty 48.30.170 prohibited 48.30.140 Receipt of premium binder contents, effect 48.18.220 Receiver’s obligations, investments in, See INSURANCE, subtitle Investments Reciprocal insurers actions against binding on subscribers 48.10.170 annual statement, attorney to make and file 48.10.180 attorney bond of 48.10.140 actions on 48.10.160 deposit in lieu 48.10.150 contributions by, repayment 48.10.190 misconduct of in general 48.30.120 certificate of authority, revocation, grounds for 48.10.110 contingent liability aggregate liability 48.10.290 assessment generally 48.10.270 judgment on, liquidation 48.31.360 order, publication and transmittal, liquidation 48.31.350 order to pay, liquidation 48.31.340 report for, liquidation 48.31.320 time limit 48.10.280 conversion or merger 48.10.330 defined 48.01.050, 48.10.010, 48.10.020 dividends 48.10.310 financial conditions, determination of 48.10.200 impairment of assets—procedure 48.10.340 insuring powers additional 48.10.070 generally 48.10.050 judgments, subscribers’ liability 48.10.260 life insurance, reciprocal insurer not to transact 48.05.330 liquidation, distribution of assets 48.10.320 merger or conversion 48.10.330 name 48.10.060 nonassessable policies 48.10.300 organization application to form 48.06.160 generally 48.10.090 policies effective, when 48.10.100 organization, See also INSURANCE, subtitle Organization of insurers power of attorney, contents, generally 48.10.120 powers, insuring 48.10.050 process against, service of 48.10.170 property insurers, domestic 48.10.070 qualification, generally 48.10.070 real property, authority to engage in transactions affecting title to 48.10.055 savings, return of 48.10.310 scope of chapter 48.10.030 subscribers advisory committee 48.10.230 distribution of assets upon liquidation 48.10.320 liability aggregate 48.10.290 in general 48.10.250 judgments 48.10.260 who may be 48.10.220 subscribers agreement, modification of 48.10.130 suits in own name 48.10.060 surplus deposit of 48.10.070 impairment 48.10.340 minimum required 48.10.070 vehicle insurers, domestic 48.10.070 Reciprocals or interinsurance exchange, defined as insurers 48.01.050 Reconstructive breast surgery disability insurance coverage 48.20.395 group disability insurance coverage 48.21.230 health care insurance to cover 48.44.330 Records adjusters, agents, and brokers surplus line brokers 48.15.100 commissioner’s, generally 48.02.120 examination by commissioner expenses, responsibility for payment 48.03.060 generally 48.03.030 report of examination 48.03.040 reports withholding from public inspection 48.03.050 insured’s, policies in unauthorized insurers, examination 48.15.170 insurer’s required 48.05.280 investments, record of 48.13.350 Refunds cancellations 48.18.290, 48.18.300 taxes 48.14.070 Rehabilitation of insurers action to which insurer subject to rehabilitation order is party special procedural rules 48.31.045 grounds for 48.31.030 rehabilitation order 48.31.040 Rehabilitation of insurers, See also INSURANCE, subtitle Liquidation Reinstatement annuities pure endowment contracts 48.23.210 reversionary 48.23.240 disability policies 48.20.072 industrial life insurance 48.25.120 life insurance 48.23.120 Reinsurance agreement, terms of, qualification for credit 48.12.160 assuming alien reinsurers registration, requirements 48.12.166 authority to accept 48.11.130 credit 48.12.160, 48.12.162, 48.12.164, 48.12.168 domestic mutuals, of 48.09.350 exemptions from rate filing 48.19.010 foreign ceding insurers credit 48.12.168 insolvency of non-United States insurer or reinsurer, assets and claims 48.12.158 qualified United States financial institution, definition 48.12.156 rules to implement 48.12.154 title insurers not prohibited the ceding of reinsurance 48.05.330 unauthorized insurers 48.15.160 (2008 Ed.) INSURANCE withdrawal of insurers from state 48.05.290 Reinsurance intermediaries contract between reinsurance intermediarymanager and reinsurer, requirements 48.94.030 definitions 48.94.005 examination by insurance commissioner 48.94.045 insurers access to reinsurance intermediary-broker records 48.94.020 financial statement of each reinsurance intermediary-broker with which insurer transacts business, duty to obtain annually 48.94.025 restrictions on 48.94.025 written authorization required between reinsurance intermediary-broker and insurer, requirements 48.94.015 judicial review of decisions of insurance commissioner concerning violations of chapter 48.94.050 recordkeeping requirements, insurer access to records 48.94.020 reinsurance intermediary-brokers licensing requirements, exemption 48.94.010 recordkeeping requirements, insurer access to records 48.94.020 requirements to act as broker 48.94.010 written authorization required between broker and insurer, requirements 48.94.015 reinsurance intermediary-managers contract between reinsurance intermediarymanager and reinsurer, requirements 48.94.030 licensing requirements, exemption 48.94.010 prohibited practices 48.94.035 requirements to act as manager 48.94.010 reinsurers contract between reinsurance intermediarymanager and reinsurer, requirements 48.94.030 financial statement of reinsurance intermediary-manager, duty to obtain annually 48.94.040 loss reserves established by reinsurance intermediary-manager, duty to obtain annual actuarial opinion on 48.94.040 restrictions on 48.94.040 rule-making authority of insurance commissioner 48.94.055 short title 48.94.900 violations of chapter, penalties 48.94.050 written authorization required between reinsurance intermediary-broker and insurer, requirements 48.94.015 Renewal offer, notice requirements 48.18.289 policies, certificate of 48.18.280 required, exceptions 48.18.2901 Replacement insurance, property 48.27.020 Reports, failure to file, penalty 48.08.190 Representations, false or misleading prohibited 48.30.040 Repurchase agreements prohibited 48.13.280 Reserves charitable annuities 48.38.020 disability insurance 48.12.060 gross premiums in force, generally 48.12.040 increasing by commissioner 48.12.080 investment of, domestic insurers 48.13.260 as a liability, generally 48.12.030 liability insurance, computation 48.12.090 loss expense defined 48.12.140 unallocated, distribution liability insurance 48.12.100 loss payments, defined 48.12.140 reinsurance, credit 48.12.160 unearned premiums (2008 Ed.) generally 48.12.040 increased 48.12.080 marine and transportation 48.12.050 Reserves, See also INSURANCE, subtitle Loss reserve Retaliatory provisions 48.14.040 Riders conflict with standard provisions 48.18.130 effect of, construction of policies 48.18.520 form of disapproval, grounds for 48.18.110 validity of noncomplying 48.18.510 forms certification and noncertification 48.18.100 filing and approval 48.18.100 health care, cancellation 48.20.510, 48.21.290, 48.44.430, 48.46.500 Riot reinsurance reimbursement, receipt of funds, contribution by insurers, recalculation 48.58.010 Risk management office, See RISK MANAGEMENT OFFICE Risk retention groups business requirements 48.92.040 chartering requirements 48.92.030, 48.92.040 commissioner authority 48.92.100 countersigning not required 48.92.060 definitions 48.92.020 federal injunctions 48.92.130 insolvency guaranty fund participation prohibited 48.92.050 license required, when 48.92.120 mandatory participation, joint underwriting associations and pools 48.92.050 penalties 48.92.110 prohibited practices 48.92.040 purchasing groups aggregate limits 48.92.090 dealing with foreign insurers 48.92.090 deductible or self-insured retention, restrictions on 48.92.090 exemption from certain laws 48.92.070 notice and registration requirements 48.92.080 premium taxes, requirements regarding imposition, obligation, and member’s liability 48.92.095 rule-making authority 48.92.140 Risks classification for rates 48.19.030 limitation of single risk 48.11.140 Rules and regulations fire policies, standard fire form 48.18.120 health care service contractors 48.44.050 power of commissioner to make 48.02.060 supplemental benefits, life insurance 48.23.250 Rural health care health care service arrangements authority to operate, requirements 48.45.020 definitions 48.45.010 insurance commissioner, to make recommendations on providing 48.45.007 legislative findings 48.45.005 rural health care service arrangements insurance commissioner, rule-making authority 48.45.030 Savings and loan associations, power to procure 33.12.010 Savings and loan institutions, investments in, See INSURANCE, subtitle Investments Savings and share accounts, investments in, See INSURANCE, subtitle Investments School districts employees, participation in state insurance plans, conditions 41.04.205 Schools and school districts buildings, insuring of 28A.335.010 first class districts, insurance reserve, use 28A.330.110 insurance relative to transporting students, etc. 28A.160.010 liability, life, health, accident, disability and salary 28A.400.350 liability insurance for officials and employees of, purchase authorized 28A.400.360 officers, employees and students 28A.400.350, 28B.10.660 retired and disabled district employees payment to public employees’ and retirees’ insurance account 28A.400.410 retired or disabled employees continued coverage, application 28A.400.391 district contributions to the public employees’ and retirees’ insurance account 28A.400.400 school buildings, powers of directors 28A.335.010 school buses, powers of directors 28A.160.010 self-funding 28A.400.350 self-insurance 28A.320.070 Securities, investments in, See INSURANCE, subtitle Investments Self-funded multiple employer welfare arrangements Ch. 48.125 Self-insurance educational service districts 28A.310.440 school districts 28A.320.070 Service contracts Ch. 48.110 Service of process contractor bonds department of labor and industries 48.05.200 foreign or alien insurers 48.05.200, 48.05.210 commissioner as attorney 48.05.200 personal service with insurers 4.28.080 reciprocal insurers 48.10.170 surplus line insurers 48.15.150 underwriters or combination policies 48.18.250 Service of process, See also SERVICE OF PROCESS AND PAPERS Service representatives, See INSURANCE, subtitle Agents, brokers, and solicitors Services or assistance provided through dues, assessments, or payments certificate of authority required 48.01.250 Share accounts, investments in, See INSURANCE, subtitle Investments Shares, investments in, See INSURANCE, subtitle Investments Signatures, facsimile, execution of policies by 48.18.210 Simultaneous death, payment of proceeds on 48.18.390 Single risk, limitation 48.11.140 Slayers, inheritance from victim prohibited Ch. 11.84 Small employer health insurance partnership program account 70.47A.080 administrator duties 70.47A.030 board 70.47A.100, 70.47A.110 children’s program federal waiver request 70.47A.090 definitions 70.47A.020 enrollment within appropriation 70.47A.050 legislative findings 70.47A.010 premium subsidies, application for 70.47A.040 reports 70.47A.070 rules, authority 70.47A.060 Solicitation permits, application for contents 48.06.040 Solicitors, See INSURANCE, subtitle Agents, brokers, solicitors, and adjusters Solid waste collection companies 81.77.060 Specified disease insurance benefits reasonable level 48.70.040 definitions 48.70.020 expected returns 48.70.030 legislative intent 48.70.010 [RCW Index—page 395] INSURANCE Stamping bureaus, See INSURANCE, subtitle Examining bureaus Standard provisions annuities, See INSURANCE, subtitle Annuity contracts disability insurance, See INSURANCE, subtitle Disability insurance disability insurance, See INSURANCE, subtitle Group disability insurance group life, See INSURANCE, subtitle Group life insurance industrial life insurance, See INSURANCE, subtitle Industrial life insurance life insurance, See INSURANCE, subtitle Life insurance Standard valuation law definitions 48.74.010 disability insurance minimum standards, insurance commissioner to establish by rule 48.74.090 minimum standard for valuation 48.74.030 reserve liabilities 48.74.020 reserves amount required 48.74.040 calculation methods 48.74.060 gross premium 48.74.070 minimum aggregate reserves 48.74.050 specified methods unfeasible procedure 48.74.080 reserves and related actuarial items annual submission of opinion of qualified actuary regarding; requirements 48.74.025 State convention and trade center surety exemption 48.30.270 State employees’ health care, See HEALTH CARE AUTHORITY State employees insurance board group life insurance, group requirements exception 48.28.010 State fire marshal, See FIRE MARSHAL, STATE State patrol, group life insurance, generally 48.24.090 Stay of action pending appeals 48.04.140 pending hearings 48.04.020 Stock, investments in shares, as illegal inducement 48.30.150 Stock, investments in, See also INSURANCE, subtitle Investments subscription contracts, See INSURANCE, subtitle Organization of insurers Stock insurers domestic amendment of articles to change par value of shares 48.06.200 capital illegal reduction of 48.08.040 impairment of 48.08.050 dividends payment to stockholders 48.08.030 on reduction of capital 48.08.020 increase of capital 48.08.010 mutualization 48.08.080 participating policies 48.08.070 reduction of capital 48.08.020 surplus, contributed repayment of 48.08.060 Stock purchase plan, officers, employees, domestic insurers 48.08.010 Stop loss insurance defined 48.11.030, 48.21.010 group stop loss insurance, defined 48.21.015 Structured settlement protection application/approval of transfer 19.205.050 definitions 19.205.010 disclosure statement 19.205.020 payment rights 19.205.030 post transfer of rights 19.205.040 transfer agreements 19.205.060 [RCW Index—page 396] Subpoenas, power of commissioner to issue 48.03.070 Subscribers rating organizations reciprocals, See INSURANCE, subtitle Reciprocals rating organizations, See also INSURANCE, subtitle Rating organizations Subscriptions and solicitations, See INSURANCE, subtitle Organization of insurers Suicide, limitation of liability for 48.23.260 Surety insurance court bonds, costs include expense of 48.28.030 defined 48.11.080 fiduciary bonds, expense of allowable 48.28.020 legal requirements deemed met by surety obligations 48.28.010 public construction contracts, exemptions 48.30.270 public officers’ bonds, cost paid by public 48.28.040 release from liability 48.28.050 transaction of additional kinds of insurance prohibited without special surplus 48.05.360 violation, public construction contracts exemption 48.30.270 Suretyship, general requirements Ch. 19.72 Surplus contributed, repayment, domestic stock insurers 48.08.060 impairment of domestic mutuals 48.09.340 domestic reciprocals 48.10.340 mutual insurers, domestic, See INSURANCE, subtitle Mutual insurers reciprocals, domestic 48.10.070 transaction of additional kinds of insurance without special surplus prohibited 48.05.360 Surplus line coverage brokers agents may place business through 48.15.080 annual statement 48.15.110 failure to file 48.15.130 license revocation, suspension, or failure to renew 48.15.140 licensing 48.15.070 nonresident 48.15.073 records of 48.15.100 exempt lines 48.15.160 grounds for 48.15.040 insurer assuming direct risk 48.15.085 insurer’s liability for unearned premium 48.15.085 policies, endorsement of 48.15.050 service of process on surplus line insurer 48.15.150 solvent insurer required 48.15.090 taxation of 48.15.120 validity of 48.15.060 Surplus lines contracts examination by examining bureau 48.19.410 Surrender value standard provision for 48.23.090, 48.25.110 tables of 48.23.090 Tax on agents, brokers, solicitors 82.04.440 Tax on producers and title insurance agents 82.04.260 Taxes exemptions and deductions 48.14.022 failure to pay 48.14.060 health care, state purchased 48.14.027 premium tax amount of direct premium taxable in this state 48.14.090 foreign or alien insurer, withdrawal from state 48.14.100 international services in eligible areas, tax credit 48.14.029 in lieu of other forms of taxation 48.14.080 pension, annuity or profit-sharing plans exempt under internal revenue code, rate of tax 48.14.021 premiums and prepayments tax 48.14.0201 prepayment requirements 48.14.025 refund of 48.14.070 retaliatory provisions 48.14.040 state preemption 48.14.020 surplus lines 48.15.120 failure to pay 48.15.130 tax statement 48.14.030 failure to file 48.14.060 title insurers 48.29.150 unlawful or delinquent insurers or taxpayers 48.14.095 Washington insurance guaranty association, exemption 48.32.130 Temporomandibular joint disorders optional coverage requirements 48.21.320, 48.44.460 Termination of coverage following issuance of liquidation order 48.31.125 Title insurance agents Ch. 48.17 Title insurers administration of chapter, rules 48.29.005 business inducements 48.29.210 ceding of reinsurance permitted 48.05.330 county tract indexes required 48.29.160 defined 48.11.100 definitions 48.29.010 doing business in more than one county, restrictions 48.29.040 energy conservation payment obligation disclosure requirements 48.29.180 escrow agent, conducting business as 48.29.190 escrow services 48.29.193 exemptions from rate filing 48.19.010 filings 48.29.140, 48.29.147 guaranty fund additional counties 48.29.040 amount of 48.29.030 deposit condition of 48.29.090 termination of 48.29.100 execution upon 48.29.070 impairment 48.29.060 termination, release of securities 48.29.110 guaranty fund deposit requirement 48.29.020 investments by 48.29.130 ownership interest, return on 48.29.213 premium rates 48.29.140, 48.29.143 prohibited from transacting other kinds of insurance 48.05.330 prohibited practices 48.29.200 qualification of, generally 48.29.020 records 48.29.015 scope of provisions 48.29.010 special reserve fund 48.29.120 stock insurer, designated as 48.05.330 taxation of 48.29.150 tract indexes, requirements 48.29.020 Toll bridge projects, insurance for 47.56.230 Toll bridges authority to carry insurance on 47.56.050, 47.56.060 where improvement of existing bridge and construction of new bridge as single project 47.58.050 Toll facilities, insurance for authorized, generally 47.56.070 Tontine plans prohibited, life insurance 48.23.340 Towing, comprehensive for autos, nonrenewal 48.18.292 Travel or automobile services or assistance not considered insurance 48.01.250 Trust companies insurance agents 30.04.127 (2008 Ed.) INSURANCE COMMISSIONER Trust companies, burglary, theft, robbery, insurance against required 30.12.030 Trustee groups, group life insurance 48.24.070 Trustees, power to insure trust property 11.98.070 Trustees or receivers obligations, investments in, See INSURANCE, subtitle Investments Twisting, defined, prohibited 48.30.180 Unallocated loss expense, distribution liability insurance 48.12.100 Unauthorized insurers contracts illegally effectuated, validity of 48.15.030 exempt lines 48.15.160 insurance in, records of insured subject to examination 48.15.170 reciprocal law regarding 48.07.150 solicitation by, prohibition, remedy 48.15.020 personal liability for performance of contract, exception 48.15.020 Unauthorized insurers, See also INSURANCE, subtitle Surplus line coverage Underground petroleum storage tanks financial responsibility program legislative findings and intent 70.148.005 pollution liability insurance program ad hoc committees 70.148.030 administration 70.148.030 cancellation or refusal by insurer, appeal 70.148.080 definitions 70.148.010 director powers and duties 70.148.050 rule-making authority 70.148.040 disclosure of proprietary reports and information, penalties for unauthorized disclosures 70.148.060 exemption from Title 48 RCW, exceptions 70.148.090 insurer selection process, criteria 70.148.070 program design and cost coverage 70.148.035 reinsurance 70.148.025 reservation of legislative power 70.148.110 trust account 70.148.020 Underground storage of natural gas, public liability insurance required 80.40.040 Underwriters policies, generally 48.18.250 Unemployment compensation, See UNEMPLOYMENT COMPENSATION Unfair competition, See also INSURANCE, subtitle Unfair practices Unfair practices advertisements false or deceptive 48.30.040 financial condition, must correspond with filed statement 48.30.070 must show name and domicile of insurer 48.30.050 alteration of application 48.18.070 auto glass repair, restrictions 48.30.340 combinations in restraint of trade 48.30.020 compacts prohibited 48.30.020 defamation of insurers 48.30.080 denial of claim, unreasonable 48.30.015 discrimination as 48.18.480, 48.30.020 dividends not to be guaranteed 48.30.100 domestic insurers, corrupt practices at meetings 48.07.060 false advertising in organization of company 48.06.190 false claims or proofs 48.30.230 financial condition, advertising of 48.30.070 financial statements, false 48.30.030 free insurance 48.30.155 generally 48.30.010 hypothecation of notes 48.30.200 inducements, illegal 48.30.150 interlocking ownership or management 48.30.250 misleading comparisons, twisting 48.30.180 misrepresentation in applications 48.30.210 (2008 Ed.) generally 48.30.040 of policies 48.30.090 name, insurer’s name by noninsurer prohibited 48.30.060 over insuring interest 48.30.260 over-insuring interest 48.27.010 political contributions prohibited 48.30.110 premiums, illegal dealing in 48.30.190 property insurance, debts or loans 48.30.260 rate control by compact 48.30.020 rate wars 48.30.240 rebates 48.30.140, 48.30.170 representations, false, misleading, prohibited 48.30.040 solicitation for unauthorized insurers 48.15.020 personal liability for performance of contract, exception 48.15.020 twisting 48.30.180 unfair competition 48.30.010 willful destruction, secretion, injury to property 48.30.220 Uniform insurers’ liquidation act claims priority and order of distribution of claims 48.31.280 dispersal of assets by receiver, procedure 48.31.185 United States, defined 48.05.010 Unlawful acts fraud Ch. 48.30A Valuation of property held by insurer 48.12.190 purchase money mortgages held by insurer 48.12.200 standards 48.74.030 stocks held by insurer 48.12.180 Variable contract act Ch. 48.18A Vehicle insurance, See INSURANCE, subtitle Motor vehicle insurance Vendor single-interest or collateral protection coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 Venue actions against insurers 48.05.220, 48.18.200 liquidation, rehabilitation, proceedings in 48.31.210 Viatical settlements Ch. 48.102 Violations duty of commissioner to certify 48.02.080 surety insurance on public construction contracts exemption 48.30.270 Vouchers for expenditures, domestic insurers 48.07.100 Warranties intervening breach, effect of 48.18.350 negotiations of insurance contracts 48.18.090 representations, in general 48.18.090 Washington insurance guaranty association actions to prevent insolvency 48.32.110 board of directors reimbursement for expenses 48.32.050 selection 48.32.050 claims obligation for, limitation 48.32.060 order of recovery 48.32.100 creation of association 48.32.040 credit against premium tax for assessments for payment of claims 48.32.145 definitions 48.32.030 duties and powers of the commissioner 48.32.080 effect of paid claims 48.32.090 examination by the commissioner 48.32.120 insolvency, prevention of 48.32.110 insurers’ insolvency pool, termination, distribution 48.32.170 no liability for performance of powers and duties under this chapter 48.32.150 nonduplication of recovery 48.32.100 plan of operation for the association 48.32.070 powers and duties 48.32.060 setting aside of default judgments against insolvent insurers 48.32.160 stay of all proceedings against insolvent insurer 48.32.160 tax exemption 48.32.130 Washington insurance guaranty association act sales promotions prohibited 48.30.075 Washington life and disability insurance guaranty association act assessments 48.32A.085 assessments, credits and tax offsets 48.32A.125 association, board of directors 48.32A.065 association, creation 48.32A.055 association, examination and annual report 48.32A.145 association, powers and duties 48.32A.075 commissioner, duties and powers 48.32A.105 construction 48.32A.035 coverage and limitation 48.32A.025 definitions 48.32A.045 immunity 48.32A.165 insolvencies, prevention 48.32A.115 miscellaneous provisions 48.32A.135 plan of operation 48.32A.095 purpose 48.32A.015 sales promotions prohibited 48.30.075, 48.32A.185 stay of proceedings, judgments 48.32A.175 tax exemptions 48.32A.155 Water recreation facilities insurance required 70.90.230 Water-sewer districts authority to provide health care, group, and life insurance 57.08.100 liability insurance for officers and employees 57.08.105 Willful destruction, secretion, injury, of property insured against fire, casualty, penalty 48.30.220 Withholding agreements, prohibition against 48.13.280 Witnesses expense for 48.03.070 subpoena of 48.03.070 Women’s health care services, duties of health care carriers 48.42.100 Workers’ compensation, See INDUSTRIAL INSURANCE Workers’ compensation insurance casualty insurance, as part of 48.11.070 longshoreman’s and harbor worker’s compensation coverage plan creation 48.22.070 loss expense, defined 48.12.140 loss payments, defined 48.12.140 schedule of experience 48.12.110 INSURANCE COMMISSIONER Actions and proceedings, commissioner’s duty to bring 48.02.080 Actions by or against, duty of attorney general and prosecuting attorney 48.02.080 Alien insurers domestication agreement commissioner’s approval of corporate proceedings 48.35.190 necessary authorizations 48.35.180 domestication of insurer commissioner’s approval required 48.35.170 deposits, effect on 48.35.200 transfer of assets 48.35.200 when effective 48.35.200 state authorization to conduct business required 48.35.050 trust agreement amendment of 48.35.070 creation, commissioner’s approval of trust agreement required 48.35.060 withdrawal of commissioner’s approval 48.35.080 trusteed assets [RCW Index—page 397] INSURANCE COMPANIES assignment or transfer of, commissioner’s approval required 48.35.120 compensation and expenses of trustee 48.35.150 creation, commissioner’s approval of trust agreement required 48.35.060 examination by commissioner 48.35.120 substitution of trustee 48.35.140 trustee’s statement, filing requirements 48.35.110 withdrawals, commissioner’s approval required 48.35.130 Annual report 48.02.170 Attorney for foreign or alien insurers, appointment of commissioner as 48.05.200 Bond of 48.02.030 Cancellation notice, no liability, slander or libel 48.30.330, 48.44.270 Cease and desist orders 48.02.080 Certificates issued by, generally 48.02.130 Certificates of authority, See INSURANCE, subtitle Certificates of authority Certified health plans certification required to provide the uniform benefits package and supplemental benefits 43.72.090 uniform benefits package constitutes minimum benefits that may be offered by plan 43.72.090 Code, publication of 48.02.180 Consumer protection 48.02.160 Cooperation with other states 48.02.140 Credit transaction insurance, approval 48.34.100 Definition 48.02.010 Delinquency proceedings commencement by commissioner 48.31.111 foreign or alien insurer formal delinquency proceeding commissioner may institute proceeding at request of domiciliary state of insurer having property in this state 48.31.175 formal delinquency proceeding commissioner may petition court for 48.31.121 foreign or alien insurer commissioner may institute proceeding at request of domiciliary state of insurer having property in this state 48.31.175 insurer may petition for hearing and review 48.31.121 immunity from suit and liability, persons entitled to protection 48.31.115 Deposits of insurers, generally Ch. 48.16 Deputies, generally 48.02.090 Domestic insurers directors and officers, pecuniary interests, restrictions on exceptions, authority to make 48.07.130 organization of, generally Ch. 48.06 Duties delegation of 48.02.100 generally 48.02.060 publication of material 48.02.180 special 48.02.160 Election of 48.02.010 Employees and deputies conflict of interests 48.02.090 delegation of duties to 48.02.100 employment, generally 48.02.090 Employer health plans, registered uniform benefits package constitutes minimum benefits that may be offered by plan 43.72.090 Enforcement of orders 48.02.080 Examinations duty to conduct, generally Ch. 48.03 general power to make 48.02.060 Examinations, See also INSURANCE, subtitle Examinations False or misleading information to, prohibition 48.19.390 Fees to be collected, schedule 48.14.010 [RCW Index—page 398] Fire marshal, See FIRE MARSHAL, STATE Fixed payment insurance, report 48.43.650 Health care service contractors duties in regard to 48.44.090 insolvency plan for handling required, review by commissioner 48.44.055 supervisory duties 48.44.033 minimum net worth requirements authority to establish review standards 48.44.037 Health care services generally Ch. 48.44 Health maintenance organizations insolvency commissioner’s duties 48.46.247 supervisory duties 48.46.225 minimum net worth requirements 48.46.235, 48.46.237 Health plans insurance reform Ch. 48.43 Hearings general power to hold 48.02.060 Hearings, See also INSURANCE, subtitle Hearings Holocaust victims insurance relief act Ch. 48.104 Injunctions by 48.02.080 Insurance commissioner regulatory account 48.02.190 Insurer holding companies regulation of, powers and duties Ch. 48.31B Interest in insurance companies limited 48.02.090 Interstate cooperation 48.02.140 Investigations, power to make 48.02.060 Investments, special consent, order of approval 48.13.250 Libel or slander, no liability, cancellation notice 48.30.330, 48.44.270 Liquidation of insurers 48.31.050, 48.31.060, 48.31.070 Liquidation proceedings commencement 48.31.190 domiciliary liquidator vesting of title to assets and property in, commissioner’s duties 48.31.171 Long-term care partnership program consumer education program 48.85.040 financing of long-term care through private insurance and medicaid funds 48.85.010 insurance policy criteria 48.85.030 protection of participant assets 48.85.020 Managing general agents regulation of, powers and duties Ch. 48.98 Market conduct oversight Ch. 48.37 Medicare supplemental health insurance commissioner’s approval required before issuance or use of policy, form, rider, or endorsement 48.66.035 conformity with federal law, authority of commissioner to make necessary rules 48.66.165 Midwife and birth center malpractice insurance joint underwriting association administration of plan 48.87.060 composition of association 48.87.040 definitions 48.87.020 legislative intent 48.87.010 liability limits 48.87.050 plan for establishment of association, requirements for 48.87.030 policies written on a claims made basis, required insurer guarantees 48.87.070 rating plan requirements 48.87.050 risk management program requirements 48.87.080 rule-making authority 48.87.100 Mortality tables, duty to obtain and publish 48.02.160 Motor vehicle insurance personal injury protection benefits rule-making authority of commissioner 48.22.105 Names documents filed affecting, notice requirements 48.02.122 Oath of office 43.01.020 Office location 48.02.110 Operating costs of office regulatory surcharge 48.02.190 Orders cease and desist 48.02.080 enforcement of 48.02.080 Personal coverage authority of commissioner 48.42.010 lack of coverage, must advise purchasers 48.42.050 regulation examination by commissioner to determine if in compliance 48.42.030 if unable to show other regulation subject to insurance commissioner 48.42.040 jurisdiction belongs with another agency, how shown 48.42.020 Powers delegation of 48.02.100 generally 48.02.060 Public meetings, notices of, contained in state register 34.08.020 Records and documents confidentiality 48.02.065 copies as evidence 48.02.130 generally 48.02.120 public inspection 48.02.120 Rehabilitation of insurers 48.31.030, 48.31.040, 48.31.045 Reinsurance intermediaries regulation of, powers and duties Ch. 48.94 Rural health care insurance to make recommendations on providing 48.45.007 rural health care service arrangements rule-making authority 48.45.030 Salary, amount of 43.03.010 Seal of 48.02.050 Service contracts Ch. 48.110 Service of process foreign or alien insurers, acting as attorney, service on commissioner 48.05.200 surplus line brokers 48.15.150 Special consent investments, order of approval 48.13.250 State fire marshal, See FIRE MARSHAL, STATE Supplies, printing, furniture, etc., power to procure 48.02.150 Term of office 43.01.010, 48.02.020 Unearned premium reserves, increasing 48.12.080 Viatical settlements Ch. 48.102 Violations of code, duty to certify 48.02.080 Washington insurance guaranty association actions to prevent insolvency 48.32.110 duties and powers 48.32.080 examination 48.32.120 insolvency, prevention of 48.32.110 Workers’ compensation longshoreman’s and harbor worker’s compensation coverage plan creation 48.22.070 INSURANCE COMPANIES (See INSURANCE) INTEGRATED PEST MANAGEMENT (See RODENTS AND PESTS) INTELLECTUAL PROPERTY City and town taxation 35.21.855 Counterfeit marks Ch. 9.16 Investing in innovation grants Ch. 70.210 Unauthorized reproduction or copy penalty Ch. 9.16 INTENT Defined, for Criminal Code 9A.08.010 Fraud, intent to defraud any person sufficient 10.58.040 (2008 Ed.) INTEREST Logging liens, error in claim intent to defraud 60.24.160 Murder, first degree 9A.32.030 Unlawful issuance of checks or drafts, presumption 9A.56.060 INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (See RECREATION AND CONSERVATION FUNDING BOARD) INTER-AMERICAN DEVELOPMENT BANK Mutual savings banks, investment in obligations of 32.20.215 INTERCOUNTY RIVER IMPROVEMENT FUND (See PUBLIC FUNDS, subtitle Counties) INTERCOUNTY RURAL LIBRARY DISTRICTS (See LIBRARIES) INTEREST Banks designated as public depositaries, contracts as to 35.38.040 Bond issues airport funding or refunding bonds 14.08.114 colleges and universities The Evergreen State College, buildings and facilities bonds 28B.35.730, 28B.35.740 The Evergreen State College, refunding bonds 28B.35.770 regional universities, buildings and facilities bonds 28B.35.730, 28B.35.740 regional universities, refunding bonds 28B.35.770 University of Washington—1957 act 28B.20.715 refunding bonds 28B.20.730 Washington State University 1961 bond issue act 28B.30.730 community and technical college buildings and facilities 28B.50.350 community renewal bonds 35.81.100 county hospital bonds 36.62.070 revenue bonds funding and refunding 36.67.560 road improvement districts 36.88.140, 36.88.200 county assistance, transportation, department of 36.76.140 diking and drainage bond issues 85.07.070 fire protection districts local improvement district bonds 52.20.060 housing authority bonds 35.82.140 irrigation districts refunding bonds 87.22.150 revenue bonds 87.28.020 metropolitan municipal corporations funding and refunding bond issues 35.58.470 general obligation bonds 35.58.450 revenue bonds 35.58.460 municipal airport bonds 14.08.112 municipal bonds, sold to United States government 39.48.010 municipal revenue bonds 35.41.030 municipal water redemption bonds 35.89.020 port district revenue bonds 35.40.030, 53.40.110, 53.40.130 port district toll facilities, revenue bonds 53.34.030, 53.34.040, 53.34.060 public utility general obligation bonds 35.92.080 public utility revenue bonds 35.92.100 revenue bonds, issuance at greater interest rate than that contained in ballot, resolution or ordinance, authorized 39.90.050 school district bonds, validated and ratified indebtedness 28A.535.050 school refunding bonds 28A.530.040 sewerage system revenue bonds 35.67.140 state toll bridge bonds 47.58.040 toll bridge bonds 47.56.140 (2008 Ed.) water-sewer districts Ch. 57.20 Bonds issues county revenue bonds 36.67.530 Cities and towns bonds, interest on, paid out of the general revenues of the city 35.45.030 improvement bonds, interest on payment from general revenues 35.45.065 local improvement assessments limitations upon 35.49.030 lowland filling 35.55.100 local improvement guaranty fund 35.54.030 public utility bonds 35.92.150 water redemption bonds 35.89.070 Consumer leases not loan or forbearance, when 19.52.010 Consumer loan act Ch. 31.04 County bond issues county roads and bridges 36.76.120 coupon interest payments on registered bonds 39.44.120 County warrants interest rate 39.56.020 Debts, contracts and obligations of state, colleges and political subdivisions, declared legal regardless of interest rate 39.90.060 Debts owed to state interest rate, exceptions 43.17.240 Depositaries public, qualified, rate, how fixed 43.85.190 state notice, publication 39.58.120 prohibition by federal statute, effect 43.85.220 rate, how fixed 39.58.120 Ejectment and quieting title actions action against tenant on failure to pay rent 7.28.250 counterclaims for permanent improvements and taxes paid 7.28.160, 7.28.180 Eminent domain verdicts interest rate established, suspension during pendency of appeal 8.28.040 Execution, redemption from sales on, interest rates 6.23.020, 6.23.110 Foreign judgments, enforcement of, uniform act 6.36.140 High risk consumers loans Ch. 31.04 Insurance policy loans rate 48.23.085 rate limitations 48.23.080 Insurance premium financing, generally Ch. 48.56 Joint operating agencies, advancements to agency by members 43.52.391 Judgments rate 4.56.110 writ of execution to include 6.17.110 Judgments against state, political subdivision, or municipal corporations, torts 4.56.115 Judgments or orders, vacation and modification of, denial of, interest on former judgment or order 4.72.090 Judicial sale, announcement of 6.21.090 Lease-purchase agreements not loan or forbearance, when 19.52.010 Local improvement bond issues, cities and towns 35.45.020 Local improvement guaranty fund 35.54.030 Maximum rate 19.52.020 Mobile home purchase, chapter inapplicable 19.52.160 Negotiable instruments 62A.3-112 Partition proceedings, investment of proceeds on sale of property, on 7.52.400 clerk’s duties 7.52.430 Pawnbrokers, rate of interest and fees 19.60.060 Payment agreements state and local government authority to enter into authority cumulative 39.96.080 calculations regarding payment of obligations 39.96.060 credit enhancement or similar agreements, authority to make in connection with payment agreement 39.96.050 definitions 39.96.020 findings 39.96.010 payment sources 39.96.050 status of payments 39.96.060 terms and conditions of agreements 39.96.040 state and local governments authority to enter into authorization and conditions for entry into agreement 39.96.030 Payment of conditioned to satisfaction of judgment 4.56.100 Permanent common school fund losses borne by state, interest 28A.515.310 Postsecondary school loans rates allowed to nonprofit corporations 24.03.480 Prices or rates in excess of published rates, interest 19.52.060 Property taxes, interest, penalties, costs on delinquent taxes 19.52.140 Public contracts payment not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 Public debts, contracts and obligations, declared legal regardless of interest rate 39.90.060 Public depositaries, interest on deposits 39.58.120 Public warrants rate fixed by issuing officer 39.56.030 Qualified public depositaries 43.85.190 rate, how fixed 43.85.190 term deposits 43.85.230 Rate in absence of agreement 19.52.010 computation, published in register 19.52.025, 34.08.020 maximum 19.52.020 written agreement 19.52.010 Redemption agricultural lands, lien on crops 6.23.110 execution sale, rates 6.23.020, 6.23.110 Regulation by special law prohibited Const. Art. 2 § 28 Retail installment sales enumeration of in contract, mandatory 63.14.040 excluded from usury law 19.52.100 maximum amount of service charge 63.14.120 maximum permitted, service charge 63.14.130 School buildings and plants bond issues, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid School fund, application of Const. Art. 9 § 3 Setup charges 19.52.020 State depositaries 39.58.120 State moneys in qualified public depositaries 43.85.190 Teachers’ retirement funds 41.50.215 Teachers’ retirement system salary deductions 41.32.042 Usury agent, effect on principal 19.52.030 consumer protection act, application 19.52.036 consumer transactions 19.52.080 declaratory judgment to establish 19.52.032 defense, exceptions 19.52.080 defense of usury prohibited in transactions occurring after May 1, 1980 and before March 1, 1981 19.52.090 loan made outside of state, application 19.52.034 [RCW Index—page 399] INTERGOVERNMENTAL COOPERATION penalty 19.52.030 retail charge agreements, installment contracts, assignees, exclusion 19.52.130 retail installment transactions excluded from usury law 19.52.100 sales contracts, deferred payment of purchase price, excluded from usury law 19.52.120 securities brokers-dealers, exclusion 19.52.110 validity of contract, effect 19.52.030 Warrants, unpaid school warrants Ch. 39.56 Wills 11.12.220 INTERGOVERNMENTAL COOPERATION (See also INTERLOCAL COOPERATION) Ecology department duties 43.21A.140, 43.21A.150 Electric power resources development 43.21A.605 Public defender system, creation and financing 36.26.020 Shoreline management 90.58.050 Shoreline management act 90.58.250 Water pollution control 90.48.153, 90.48.156 Water supply projects 90.54.150 INTERLAKE SCHOOL (See STATE INSTITUTIONS) INTERLOCAL COOPERATION (See also INTERGOVERNMENTAL COOPERATION) Actions and proceedings, real party in interest 39.34.040 Agreements component agencies’ responsibilities, effect on the agreement 39.34.030 cooperative action, requirement, effect 39.34.030 criminal justice responsibilities 39.34.180 effect 39.34.030 filing 39.34.040 joint action, requirement, effect 39.34.030 submission to state agencies or offices 39.34.050 Air pollution control, authorities, application 39.34.020 Appropriation of funds by participating agencies 39.34.060 Bus service, agreements between cities or towns or counties or combination thereof, authority, limitation 39.34.085 Component agencies, responsibilities, effect on the agreement 39.34.030 Constitutionally prohibited powers not granted 39.34.110 Contracts perform governmental activities which each agency has power to perform 39.34.080 power regarding contracts for electricity and utilities not affected 39.34.090 Criminal justice responsibilities 3.58.815, 39.34.180 Definitions 39.34.020 Discrimination, processing of complaints by state board against 49.60.226 Effect of agreement on component agencies 39.34.030 Electricity, contracting powers concerning preserved 39.34.090 Emergencies, mutual aid 39.34.230 Federal loans and grants, power to accept 39.34.070 Filing agreements 39.34.040 Financial management, director of, duties relating to fiscal procedures 39.34.140 Financing of joint projects 39.34.070 Fire protection districts application 39.34.020 state or municipally owned property in or adjacent to, contracts for fire protection services 52.30.020 Fiscal advanced funds, limitations on use 39.34.160 [RCW Index—page 400] advancement of funds to other agencies, authority 39.34.150 construction of fiscal policies 39.34.170 reimbursement of advanced funds, exception 39.34.130 reimbursement procedures, transfers on books in state treasurer’s office 39.34.140 Funds appropriated by participating agency 39.34.060 Grants, authority to receive 39.34.070 High school students enrolled in technical colleges basic education allocation to serving college rather than school district 28A.150.275 Indian tribe as public agency under 39.34.020 International fire code, administration and enforcement 19.27.110 Interstate agreements, status as interstate compacts 39.34.040 Irrigation districts mutual aid agreements for emergency assistance 87.03.870 Loans, authority to accept 39.34.070 Parties in interest, actions and proceedings 39.34.040 Personnel, property, and services, provision by participating agencies 39.34.060 Powers contracting for electricity or utility, preservation of 39.34.090 contracts to perform governmental activities each agency authorized to perform 39.34.080 joint powers 39.34.030 prohibited by the Constitution, not affected by act 39.34.110 supplemental nature of chapter 39.34.100 Public agency, defined, application of chapter 39.34.020 Public purchase agreements public benefit nonprofit corporations may enter into participation agreement with department of general administration 39.34.055 Purpose 39.34.010 Rail districts 36.60.030 Responsibilities of component agencies, effect on the agreement 39.34.030 Rural public hospital districts 39.34.030 School districts, joint purchasing associations, mortgaging of property, authority 28A.335.100 Schools requirements 39.34.030 Status of interstate agreements as interstate compacts 39.34.040 Submission of agreements to state offices and agencies, when 39.34.050 Transactions account transfers 39.34.140 charging at costs 39.34.130 Utility contracting powers of agencies not affected 39.34.090 Watershed management plan projects formation 39.34.200, 39.34.220 indebtedness, bonds 39.34.210 use of water-related revenues 39.34.190 INTERMEDIATE SCHOOL DISTRICT (See EDUCATIONAL SERVICE DISTRICTS) INTERMENT (See BURIAL AND INTERMENT) INTERNAL REVENUE Charitable trusts tax reform act of 1969 application to 11.110.200 Federal employer identification numbers and documents, state agency authority to issue 19.02.300 Federal employer identification numbers and federal documents, state agency authority to issue 43.07.205, 43.22.550, 50.12.045 Lien, See LIENS, subtitle Internal revenue taxes Marital deduction construction of certain marital deduction formula bequests 11.108.040 Marital deduction gift compliance with internal revenue code 11.108.020 trust governance 11.108.050 INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT Mutual savings banks may invest in obligations of 32.20.210 INTERNATIONAL MATCHMAKING ORGANIZATIONS Consumer protection act 19.220.030 definitions 19.220.010 dissemination of information 19.220.010 Intent 19.220.005 Jurisdiction 19.220.020 INTERNATIONAL OR FOREIGN BANKING INSTITUTIONS Banks or trust companies investments in capital stock and surplus, authorized 30.04.380 investments in stock or ownership, authorized 30.04.390 Trust companies and banks investments in capital stock and surplus, authorized 30.04.380 investments in stock or ownership, authorized 30.04.390 INTERNATIONAL REGISTRATION PLAN (See MOTOR VEHICLES, subtitle Proportional registration, international) INTERNATIONAL RELATIONS Citizens’ exchange program 43.07.350 International relations and protocol, office of authority of office 43.290.020 created 43.290.010 finding and purpose 43.290.005 Legislative committee on economic development and international relations Ch. 43.15 INTERNATIONAL SERVICES Insurance premium tax services in eligible areas, tax credit 48.14.029 Tax imposed credit against tax due, conditions 82.04.44525 INTERNATIONAL STUDENT EXCHANGE Complaints 19.166.080 Consumer protection act, application 19.166.100 Definitions 19.166.020 Higher education international exchange scholarship program Ch. 28B.109 Informational document, distribution and contents 19.166.070 Organizations registration fee 19.166.060 registration with secretary of state 19.166.030, 19.166.040 standards 19.166.050 suspension of license or certificate for support order noncompliance 19.166.040 Registration fee 19.166.060 Registration of organizations with secretary of state 19.166.030, 19.166.040 Rulemaking authority of secretary of state 19.166.060 Standards for organizations 19.166.050 Superintendent of public instruction to make information available to school districts annually regarding exchange programs 28A.300.240 Violations of chapter, application of consumer protection act 19.166.100 Violations of chapter constitute misdemeanor 19.166.090 (2008 Ed.) INVASIVE SPECIES COUNCIL INTERNATIONAL TRADE Agricultural marketing department of agriculture powers and duties 43.23.035 Companies investing in Washington excise tax incentives 43.330.068 Countries of strategic importance to state’s international trade relations, identification 43.330.065 Joint legislative oversight committee on trade policy Ch. 44.55 Office of Washington state trade representative, purpose and authority Ch. 43.332 INTERNET Business and occupation tax on services 82.04.297 City or town taxation or fees on services 35.21.717 Community technology opportunity program Ch. 28B.32 E-mail cyberstalking 9.61.260 unpermitted or misleading commercial messages, prohibition Ch. 19.190 Government information locator service pilot project 43.105.290 Providers of services department request for information 43.105.350 Public records electronic access 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.300, 43.105.310 INTERNMENT BY ENEMY Federal missing persons act, written finding of federal officer or employee prima facie evidence 5.40.030 INTERNSHIP PROGRAM (See GOVERNOR, subtitle Internship program) INTERPLEADER Actions to determine conflicting claims to property 4.08.160 Contracts, actions on 4.08.150 Deposit of property and disclaimer 4.08.170 Ejectment and quieting title actions, substitution of landlord in action against tenant 7.28.110 Service by publication, when 4.28.100 Substitution and interpleader 4.08.150 Trial of issue on conflicting claims 4.08.180 INTERPRETATION (See RULES OF CONSTRUCTION) INTERPRETERS Hearing impaired persons appointment of, compensation 2.42.120 intermediary interpreters, when appointed 2.42.140 qualified interpreters, source, criteria 2.42.130 visual recording of testimony 2.42.180 waiver of right to interpreter 2.42.150 Hearing or speech impaired persons definitions 2.42.110 fees for interpreters services 2.42.170 privileged communications 2.42.160 Impaired person involved in legal proceedings, for legislative declaration 2.42.010 oath 2.42.050 Juvenile court administer to obtain for non-English-speaking youth and families 13.04.043 Juvenile diversion agreements provision in hearings and negotiations 13.40.080 Non-English-speaking persons appointment in legal proceedings involving certified interpreters, list to be maintained 2.43.070 code of ethics for interpreters 2.43.080 definitions 2.43.020 fees and expenses, reimbursement 2.43.040 (2008 Ed.) juvenile court proceedings 13.04.043 language assistance plan 2.43.090 legislative intent 2.43.010 oath of interpreter 2.43.050 procedure 2.43.030 testing and certification of interpreters 2.43.070 waiver of right to interpreter 2.43.060 Public assistance bilingual services 74.04.025 INTERROGATORIES Judgment debtor, required to answer 6.32.015 Legislative hearings and inquiries 44.16.060 Secretary of state corporations nonprofit miscellaneous and mutual corporations confidential 24.06.475 INTERSECTION Reduction of speed required at 46.61.400 INTERSTATE Common carrier charges for interstate travel, See TRANSPORTATION COMPANIES, subtitle Common carriers Telephone and telegraph company charges for interstate calls or messages, See PUBLIC UTILITIES, subtitle Telegraph companies; PUBLIC UTILITIES, subtitle Telephone companies INTERSTATE AGREEMENTS (See also INTERSTATE COMPACTS) Adoption of children with special needs 74.13.152, 74.13.153, 74.13.154, 74.13.155, 74.13.156, 74.13.157, 74.13.158, 74.13.159 Detainers Ch. 9.100 Educational personnel qualifications, interstate agreement on Ch. 28A.690 Emergency management mutual aid and interlocal agreements 38.52.091 Mental health and developmental disabilities services 71.28.010 Parolees, out-of-state supervision 9.95.270 Unclaimed property 63.29.330 Uniform interstate family support act Ch. 26.21A Wildlife violator compact Ch. 77.75 INTERSTATE BANKING Authorization, approval 30.38.010 Definitions 30.38.005 Examination and reporting requirements for outof-state banks 30.38.040 Merger, consolidation or conversion of out-ofstate bank, effect 30.49.125 Out-of-state bank with branches in Washington 30.38.030 Out-of-state bank with host branches, relocation and approval 30.38.020 Out-of-state bank without branch in this state 30.38.015 Out-of-state holding company authority 30.04.232 Out-of-state state bank, notice requirements 30.38.070 Practices and operation, application of Washington laws 30.38.080 Rule-making authority of director 30.38.060 Violations and enforcement 30.38.050 INTERSTATE COMMERCE Alcoholic beverages, transportation 66.12.030 Milk pooling act milk control between states 15.35.090 Motor vehicle fleets operating interstate, highway user tax structure, See MOTOR VEHICLES, subtitle Fleets, operating interstate, highway user tax structure Motor vehicle highway user tax structure, See MOTOR VEHICLES, subtitle Reciprocal or proportional registration Motor vehicles in combination, maximum length 46.44.030 INTERSTATE COMPACTS (See also INTERSTATE AGREEMENTS) Adult offender supervision 9.94A.745, 9.94A.74501, 9.94A.74502, 9.94A.74503, 9.94A.74504 Boating offense compact Ch. 88.01 Coastal ecosystems compact and agreements Ch. 77.75 Columbia river compact Ch. 77.75 Corrections interstate corrections compact Ch. 72.74 intrastate corrections compact Ch. 72.76 western interstate corrections compact Ch. 72.70 Driver license compact Ch. 46.21 Emergency management assistance compact Ch. 38.10 Insurance product regulation Ch. 48.130 Interstate library compact Ch. 27.18 Interstate placement of children compact Ch. 26.34 Juveniles, interstate compact on Ch. 13.24 Live horse racing compact Ch. 67.17 Low-level radioactive waste management, northwest interstate compact on Ch. 43.145 Mental health, interstate compact Ch. 72.27 Militia, compacts with other states for guarding boundaries 38.08.100 National guard mutual assistance counter-drug activities compact 38.08.500 Nonresident violator compact Ch. 46.23 Oil compact commission, governor may join 43.06.015 Oregon-Washington boundary compact Ch. 43.58 Pacific marine fisheries compact Ch. 77.75 Pest control compact Ch. 17.34 School bus safety, interstate compact for Ch. 46.39 Vehicle equipment safety compact Ch. 46.38 Washington-Oregon boundary on Columbia river, interstate compact determining Ch. 43.58 Western interstate nuclear compact 43.21F.400, 43.21F.405, 43.21F.410, 43.21F.415, 43.21F.420 Western regional higher education compact Ch. 28B.70 Western regional short haul air transportation compact Ch. 81.96 Wildlife violator compact Ch. 77.75 INTERURBAN TRANSPORTATION SYSTEMS Exempted from motor freight carrier laws 81.80.040 INTERVENTION County boundary determinations, affected residents 36.05.030 Utilities and transportation commission where rule or order involved, judgment void, when 81.04.420 INTESTATE SUCCESSION (See DESCENT AND DISTRIBUTION) INTOXICATING LIQUOR (See ALCOHOLIC BEVERAGES) INTOXICATION Defense to criminal prosecution 9A.16.090 INTRAVENOUS THERAPY TECHNICIANS (See EMERGENCY MEDICAL CARE AND TRANSPORTATION SERVICES) INURNMENT (See CREMATION) INVASION Habeas corpus, ground for suspension of Const. Art. 1 § 13 State may contract debts to repel Const. Art. 8 § 2 INVASIVE SPECIES COUNCIL Recreation and conservation funding board creation of council, provisions Ch. 79A.25 [RCW Index—page 401] INVENTIONS INVENTIONS Employee’s rights conditions 49.44.140 disclosure at time of employment 49.44.150 INVENTORY (See also APPRAISERS AND APPRAISALS) Absentees’ estates 11.80.020 Appraisement, See APPRAISERS AND APPRAISALS Attachment, sheriff, by 6.25.160 Personal representatives partnership interests of decedent 11.64.002 Probate partnership interests of decedent 11.64.002 State equipment 43.19.1917 State land resources office of financial management responsibilities 43.41.150 INVESTIGATIONS Fires, investigation and police power 43.44.050, 48.48.060 Police prosecuting standards 9.94A.411 INVESTMENT ADVISERS (See SECURITIES, subtitle Investment advisers) INVESTMENT PROJECTS Community empowerment zones Ch. 82.60 Tax deferral program Ch. 82.60 INVESTMENT SECURITIES (See UNIFORM COMMERCIAL CODE, subtitle Investment securities) INVESTMENTS Alien insurers 48.13.360 Banks, See BANKS AND BANKING, subtitle Investments Banks and trust companies international or foreign banking institutions capital stock and surplus, authorized 30.04.380 international or foreign banking institutions stock or ownership, authorized 30.04.390 Bonds, notes and debentures of banks, savings and loan associations 39.60.050 Cities and towns employees’ retirement funds, legislative guide line 41.28.085 funds of 35.38.040 local improvement fund 35.55.150, 35.55.160 local improvement installment notes 35.45.150 local improvement bonds for repayment of 35.45.150 metropolitan municipal corporation obligations 35.58.510 pension fund 35.39.060 securities 35.39.070 Cities and towns, See also CITIES AND TOWNS, subtitle Fiscal matters Cities of first class employees’ retirement fund 41.28.080 Common trust funds, uniform act Ch. 11.102 Community and technical colleges investment of surplus funds 43.250.010, 43.250.020 Community renewal bonds 35.81.110 Counties authorized investments 36.29.020 expenses 36.29.024 limitations 36.29.020 tax refund warrants 36.33.070, 36.33.080, 36.33.090, 36.33.100 United States bonds 36.33.190 Executors and administrators community renewal obligations 35.81.110 metropolitan municipal corporation obligations 35.58.510 United States corporation bonds authorized, in 39.60.010 [RCW Index—page 402] Federal home owner’s loan corporation bonds, valid investment for public and trust funds 39.60.010 Fiduciary trust fund investments, See INVESTMENTS, subtitle Trust funds by fiduciaries Fish marketing associations 24.36.330 Freight mobility strategic investment program and board Ch. 47.06A Funds, public or trust 39.60.050 Higher education permanent funds Const. Art. 16 §6 Housing authority bonds, authorized as legal investments 35.82.220 Industrial insurance funds 51.44.100 Insurance, life, purchased with trust funds 11.100.120 Insurance commissioner, special consent, order of approval 48.13.250 Insurance companies, See INSURANCE, subtitle Investments International investment management services tax imposed 82.04.290, 82.04.293 Investment advisers, See SECURITIES, subtitle Investment advisers Investment of trust funds commercial accounts 11.100.037 savings accounts collateral security 11.100.037 Investment securities Ch. 62A.8 Law enforcement officers’ and firefighters’ funds duties of director of retirement systems 41.50.055 Life insurance, purchase authorized with trust funds 11.100.120 Local government surplus public funds administration of chapter by state finance committee 43.250.090 annual summary 43.250.080 definitions 43.250.020 employment of personnel by state treasurer 43.250.050 investment pool 43.250.060 public funds investment account 43.250.030, 43.250.040 purpose 43.250.010 separate accounts for participants 43.250.070 Metropolitan municipal corporation obligations, authorized for public deposits 35.58.510 Metropolitan municipal corporations, investment of surplus funds 35.58.520 Mutual savings banks, authorized investments, See MUTUAL SAVINGS BANKS, subtitle Investments Partition proceedings, See PARTITION, subtitle Investments Port district toll facility bonds and notes as legal investments 53.34.150 Probate estates, See PROBATE, subtitle Investment of estate Public funds authorized investments, additional definitions 39.59.010 procedure 39.59.020, 39.59.030 investment in bonds and securities of United States, state, counties, cities and towns, and school districts Ch. 43.84 investments 39.60.050 Public pension and retirement funds, authorized investments Const. Art. 29 § 1 Retirement and pension funds, authorized investments Const. Art. 29 § 1 Retirement and pensions, cities of first class, employees’ retirement fund 41.28.080 Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Investments Schools and school districts bonds, investment of permanent school fund in Const. Art. 16 § 5 insurance reserve of first class district 28A.330.110 Securities, See SECURITIES State and political subdivisions 39.60.050 State investment board Ch. 43.33A Statewide city employees’ retirement system funds 41.44.100 Title insurance, how authorized 48.29.130 Trust companies and banks international or foreign banking institutions capital stock and surplus, authorized 30.04.380 international or foreign banking institutions stock or ownership, authorized 30.04.390 Trust funds liability of persons acting for designated trustee 11.100.130 life insurance purchase, authorized 11.100.120 Trust funds by fiduciaries application of chapter 11.100.050 authorized investments Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 community renewal obligations 35.81.110 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 governed by this chapter 11.100.010 instrument authorized investment, defined 11.100.070 legal investment, defined 11.100.070 instrument creating trust controlling deviation upon court permission 11.100.040 investment trust or company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 metropolitan municipal corporation securities 35.58.510 prudent person rule 11.100.020 savings accounts collateral security 11.100.030 federally insured 11.100.030, 11.100.037 self-dealing prohibited 11.100.090 United States corporation bonds valid investment 39.60.010 Trustees persons acting in place of, liability 11.100.130 powers as to investment 11.98.070 United States corporation bonds, valid investment for public and trust funds 39.60.010 Urban arterial bonds 47.26.402, 47.26.422 Veterans’ guardianship, investment of funds of ward 73.36.130 INVOLUNTARY COMMITMENT (See MENTALLY ILL, subtitle Involuntary commitment) IRRIGATION Appropriation of water for 90.40.020 Artesian wells, provisions relating to use Ch. 90.36 Dams authorization 90.28.170 Ditches limitation on number 90.28.040 Environmental impact statements exemptions for certain projects 43.21C.035 Family farm water act water withdrawal permits Ch. 90.66 Public utility districts acquisition of property and rights 54.16.020, 54.16.030 survey and plans for 54.16.010 Railroads, authority to construct irrigation canals and ditches 81.36.130 Reclamation districts of one million acres or more Ch. 89.30 United States water rights Ch. 90.40 Use of waters for, deemed public use Const. Art. 21 § 1 (2008 Ed.) IRRIGATION DISTRICTS Wastewater reclaimed water use Ch. 90.46 Water rights ground waters determination and appropriation Ch. 90.44 registration, waiver, and relinquishment Ch. 90.14 surface waters, determination and appropriation Ch. 90.03 Water rights, See WATER AND WATER RIGHTS Yakima river basin water rights Ch. 90.38 IRRIGATION AND REHABILITATION DISTRICTS (See IRRIGATION DISTRICTS, subtitle Irrigation and rehabilitation districts) IRRIGATION COMPANIES Railroads, authority to own securities of irrigation companies 81.36.120 Reports of revenue, fees 80.24.010 IRRIGATION DISTRICTS (See also PUBLIC WATERWAY DISTRICTS; WATER DISTRIBUTION DISTRICTS) Acquisition of water districts, when 87.03.015 Actions by and against 87.03.155 Assessments claims 87.03.440 collection, assessment statement, records 87.03.270 contracts with United States cancellation procedure 87.03.280 generally Ch. 87.68 county treasurer’s fees for handling, collecting, dispersing, and accounting for special assessments, fees, rates, or charges 36.29.180 delinquency charge, when 87.03.270 deputy secretary for 87.03.245 director divisions 87.04.100 evidence of 87.03.420 how made 87.03.240, 87.03.250, 87.03.255, 87.03.260 lien of 87.03.265, 87.03.271 local improvement districts 87.03.495 payment 87.03.275, 87.03.277 public lands lying within district 87.03.025 refunded bonds 87.22.230, 87.22.240, 87.22.245, 87.22.250 secretary assessments, collection procedure 87.03.272 collection agent, when, bond 87.03.272 delinquency list 87.03.272 monthly statement to treasurer 87.03.272 segregation 87.03.285, 87.03.290, 87.03.295, 87.03.300, 87.03.305 special 87.03.470 tolls as 87.03.445 treasurer, county collection agent 87.03.270 duties, generally 87.03.440 Assessments, See also IRRIGATION DISTRICTS, subtitle Fiscal matters Association of districts cooperation with other agencies 87.76.040 coordinating agency 87.76.020 coordination of programs 87.76.010 general powers of directors 87.76.030 generally 87.76.010 Association of districts, See also IRRIGATION DISTRICTS, subtitle Joint control Bankruptcy readjustment and relief from debts Ch. 39.64 Board of control coordination with other districts 87.76.010 funds for 87.68.110 Board of directors Immunity lawful disposal of sewage and waste by others 87.03.139 immunity good faith performance of duties 87.03.138 meetings, regular and special 87.03.115 (2008 Ed.) organization of 87.03.115 powers and duties 87.03.115 Bond issues certification resolution for 87.25.010 certification of construction expenditures 87.25.140 director’s report attachment 87.25.050 contents 87.25.040 supplemental report 87.25.060 expenditure of proceeds 87.25.100 expenses 87.25.090 form of 87.25.070, 87.25.130 generally Ch. 87.25 installment certification 87.25.125 investigation 87.25.010 legality of 87.25.030 request for information 87.25.020 transcript of investigation 87.25.030 work inspection 87.25.120 elections 87.03.200 federal agencies, rights to 87.03.235 generally 87.03.200, 87.03.210, 87.03.215 interest on 87.03.430 judicial confirmation of proceedings 87.03.780, 87.03.785, 87.03.790, 87.03.795, 87.03.800, 87.03.805 lien enforcement, extent of liability 87.03.215 local improvement districts 87.03.515 payment of, generally 87.03.430 payments 87.03.215 proposed works exclusiveness of method 87.03.205 generally 87.03.200 refunding—1923 act authority for 87.22.010 election 87.19.010, 87.19.020 exchanging or selling 87.19.050 exclusiveness of methods 87.19.005 generally 87.19.030 hearing 87.22.050 series series 87.19.040 refunding—1929 act appellate review 87.22.090 assessments 87.22.230, 87.22.240, 87.22.245, 87.22.250 benefits determination 87.22.080 schedule of maximum 87.22.040 bond fund, excess 87.22.270 bond owners’ rights 87.22.275 contents 87.22.170 elections 87.22.120, 87.22.125, 87.22.130, 87.22.140 exchange of bonds 87.22.145 foreclosed land, sale or lease of 87.22.260 form 87.22.150 hearing 87.22.070 institution of proceedings, when 87.22.020 irrigable acreage, determination 87.22.085 judgments 87.22.100, 87.22.105, 87.22.110 judicial confirmation 87.22.280 notice 87.22.060, 87.22.065 payment 87.22.150, 87.22.160, 87.22.165, 87.22.210, 87.22.215 petition 87.22.030 priority 87.22.200 registration 87.22.175, 87.22.190 transfer 87.22.170 refunding revenue bonds, authorized 87.28.150 revenue bonds authority 87.28.010 county treasure, defined 87.28.005 election for exception, state approval 87.28.103 form and terms 87.28.020 generally Ch. 87.28 legality 87.28.120 not general debt of district 87.28.040 payment limitations 87.28.030, 87.28.110 payment of, covenants 87.28.108 resolutions for 87.28.120 sale 87.28.070 special fund amount payable to 87.28.100 special fund or funds amount payable to 87.28.035 payment from 87.28.030 treasurer of the county defined 87.28.005 warrants, interim financing 87.28.015 sale or pledge of 87.03.210 state ownership, adjustment of indebtedness, generally Ch. 87.64 Bond issues, See also IRRIGATION DISTRICTS, subtitle Fiscal matters Boundaries change of 87.03.555 change of to add lands to district, procedure 87.03.565 Boundary review boards district actions subject to board review 87.03.001, 87.52.001, 87.53.001, 87.56.001 Claims, crop damage claims, limitation, procedure 87.03.440 Columbia basin project, irrigation and reclamation districts within Ch. 89.12 Connection with lower district, generally 87.03.700, 87.03.705, 87.03.710, 87.03.715 Consolidated local improvement districts authority to establish for bond issuance 87.03.553 bond issuance, authority to establish for 87.03.553 Consolidation 87.03.530, 87.03.535, 87.03.540, 87.03.545, 87.03.550, 87.03.551 Construction contracts small works roster, compilation and use of 87.03.436 funds for 87.03.445 general procedure 87.03.435 Contracts with other irrigation districts, authority 87.03.015 Contracts with United States assessment payment board of equalization, meeting 87.68.030 collection 87.68.050 collection by county treasurer 87.68.040 discounts, when 87.68.020 election in certain districts 87.68.060 resolution to fix time of 87.68.010 audit of records 87.68.100 board of control funds 87.68.110 power to sue 87.68.140 property disposal 87.68.140 canal, contract for use 87.68.120 contract to operate works 87.68.130 deposit of funds, board of control’s powers 87.68.070 security for deposits 87.68.090 Sunnyside Division, Yakima Project, deposit of funds 87.68.070 Coordinating agency, generally 87.76.020 Coordination with other districts 87.76.010 Crop damage claims, limitations, procedure 87.03.440 Delinquent assessments acquisition, full payment prior to conveyance 87.06.100 application of chapter to existing delinquencies 87.06.120 certificates of delinquency 87.06.020 combined foreclosure for district and county 87.06.110 combining foreclosure proceedings on a general certificate 87.06.060 definitions 87.06.010 foreclosure action 87.06.030, 87.06.040, 87.06.080 irregularities in, costs, or interest 87.06.060 [RCW Index—page 403] IRRIGATION DISTRICTS payment on certificate of delinquency 87.06.050 sale of foreclosed property 87.06.070, 87.06.080 title search to verify legal description 87.06.030 treasurer’s deed, title’s status 87.06.090 Delinquent charges, lien on property 87.03.445 Depositaries, surety bonds for 87.03.442, 87.03.445 Diking, drainage, and irrigation districts, diking and drainage districts reorganized as, generally Ch. 85.22 Diking and drainage improvement districts benefit to 85.08.380 merger with 85.08.830, 85.08.840, 85.08.850, 85.08.860, 85.08.870, 85.08.880, 85.08.890 Director divisions additional land added, when 87.04.055 assessment limitations 87.04.100 county commission, duty to divide 87.04.030 directors, redivision of land addition 87.04.050 elections 87.04.070, 87.04.080 federal works or contracts assessment limitation 87.04.100 levy limitations when involved 87.04.090 hearings 87.04.070 levy limitation, when 87.04.090 number 87.04.010 petition for generally 87.04.040 hearing on 87.04.060 redivision 87.04.050 vacancy, filling 87.04.020 when required 87.04.010 Directors board of, authorized to purchase liability insurance for officials and employees 87.03.162 compensation and expenses 87.03.460 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Disposal or sale of property, preference rights of adjacent owners 87.03.820 Dissolution with bonds assessments for unpaid obligations 87.53.140 authority 87.53.010 bondholders’ consent 87.53.010, 87.53.020 consent of state 87.53.150 court proceedings 87.53.080, 87.53.090 election 87.53.040, 87.53.050, 87.53.060 financial statement 87.53.070 order of dissolution, effect 87.53.130 petition 87.53.030 sale of assets 87.53.110, 87.53.120 trustees, appointment 87.53.100 generally Ch. 53.48 insolvent districts appellate review 87.56.225 apportionment of assets 87.56.230 assessment for remaining debts 87.56.160 claims unmatured 87.56.100 creditors trustees for 87.56.180, 87.56.203 decree of dissolution 87.56.230, 87.56.240 distribution of funds 87.56.020 election for 87.56.010, 87.56.020 hearing procedure initial 87.56.030, 87.56.040, 87.56.050, 87.56.060, 87.56.065 judgment upon stipulation 87.56.170, 87.56.180, 87.56.190, 87.56.205, 87.56.210 plan of liquidation 87.56.160 receiver 87.56.065 report of receiver final 87.56.230 [RCW Index—page 404] when deemed 87.56.010 without bonds—1897 act authority 87.52.010 election 87.52.030, 87.52.040 petition 87.52.015 trustees for 87.52.060 without bonds—1939 act authority 87.52.070 election 87.52.090 petition 87.52.080 Divisions, See IRRIGATION DISTRICTS, subtitle Director divisions Domestic water services rates 87.28.090 revenue bonds generally Ch. 87.28 Drain systems, revenue bonds, generally Ch. 87.28 Drainage and irrigation improvement districts, diking and drainage districts reorganized as, generally Ch. 85.22 Drinking water facilities proposal notice 87.03.487 Elections ballots 87.03.075 bond issues 87.03.200 directors, recall, discharge 87.03.083 generally 87.03.030 only one qualified candidate nominated, no election required 87.03.075 organization, generally 87.03.020, 87.03.030, 87.03.031, 87.03.032, 87.03.033, 87.03.034 petitions of nomination 87.03.075 post-organization 87.03.085, 87.03.090, 87.03.095, 87.03.100, 87.03.105, 87.03.110 proposed works 87.03.190 voter qualifications districts of two hundred thousand acres 87.03.045 districts under two hundred thousand acres 87.03.051 exception, over fifty percent of land in small individual lots 87.03.071 Electric power services rates 87.28.090 revenue bonds generally Ch. 87.28 Electrical energy hydroelectric generation development 87.03.015 legislative intent 87.03.013 income from sale of 87.03.450 power to generate and sell 87.03.015 Electrical utilities irrigation pumping service, tariff 87.03.880 net metering of electricity Ch. 80.60 Eminent domain against by cities and towns 35.92.190 generally 87.03.140, 87.03.145, 87.03.150 Employees, compensation of 87.03.460 Employees, insurance, liability, purchases for, authorized 87.03.162 Energy conservation, home owners’ financial assistance 87.03.017 Federal reclamation areas, state lands within Ch. 89.12 Federal reclamation projects use attainability analysis 90.48.540 Federal surplus property acquisition, See FEDERAL SURPLUS PROPERTY Fiscal matters assessments county treasurer’s fees for handling, collecting, dispersing, and accounting for special assessments, fees, rates, or charges 36.29.180 bond issues limitation of actions on 4.16.060 mutual savings banks, investment in 32.20.130 refunding, bankruptcy readjustment and relief from debts Ch. 39.64 indebtedness adjustment of state authority when owning entire bond issue 87.64.010 Formation election conduct 87.03.035, 87.03.040 generally 87.03.020, 87.03.030, 87.03.031, 87.03.032, 87.03.033, 87.03.034 notice 87.03.020 hearings 87.03.020 petition 87.03.020 proposing 87.03.005 purposes for 87.03.010 Funds board of control 87.68.110 construction and operating 87.03.445 indemnity fund 87.48.030, 87.48.040 joint control fund 87.80.190, 87.80.200 local improvement district guarantee fund 87.03.510 temporary 87.03.441 upgrading and improvement fund 87.03.443 Heating systems, See HEATING SYSTEMS Highway purposes, irrigable lands acquired for, compensation 87.03.810, 87.03.815 Horticultural pests and diseases duty to disinfect or destroy when on public property 15.08.230 Hydroelectric generation development authorization 87.03.015 county treasurer, defined 87.03.438 legislative intent 87.03.013 multidistrict operating authorities, separate legal entities 87.03.018 purchase, condemnation authority 87.03.137 separate legal authority acquisition of facilities, procedures 87.03.831 cooperative development 87.03.825 indebtedness, repayment of 87.03.837 law supplemental, when 87.03.840 membership, procedures 87.03.831 ratification and approval of actions 87.03.834 treasurer of the county, defined 87.03.438 Immunity good faith performance of duties 87.03.138 lawful disposal of sewage and waste by others 87.03.139 Income from sale of electricity, generally 87.03.450 Indebtedness adjustment of assessments and taxes, cancellation 87.64.060 claims for money expended by state 87.64.040 contracts to sell land to pay debts 87.64.020 power of district in regard to 87.64.070 powers to increase 87.03.475 state authority when owning part of bond issue 87.64.020 bankruptcy readjustment and relief from debts Ch. 39.64 Indebtedness, See also IRRIGATION DISTRICTS, subtitle Fiscal matters Indemnity contracts federal 87.48.020 state 87.48.010 Inland bodies of water, rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Insurance liability, board of directors may purchase for employees and officials 36.16.138, 87.03.162 purchase 87.03.160 risk management services authorized Ch. 48.62 (2008 Ed.) IRRIGATION DISTRICTS self-insurance authorized Ch. 48.62 Interdistrict agreements emergency mutual aid assistance 87.03.870 Irregularities in assessments, costs, or interest 87.06.060 Irrigation and rehabilitation districts additional purpose for organization 87.84.050 directors, irrigation district directors’ powers, rights and authority vested in 87.84.060 eligibility of irrigation district to become 87.84.010 lakes within boundaries of fish, control over taking of carp or rough fish 87.84.061 mosquito control, expending funds for 87.84.061 pollution control 87.84.061 regulation and control of 87.84.061 municipal corporation, powers of 87.84.110 provisions not to be construed to restrict city, town, or county powers and functions 87.84.120 purpose 87.84.005 rule making authority of directors 87.84.080 sheriffs, enforcement of rules and regulations of district 87.84.100 special assessments inferior to existing city or town L.I.D. assessments 87.84.071 water rights of irrigation district transferred to irrigation and rehabilitation district 87.84.060 Joint control agencies under federal contract, board participation 87.80.220 board authorization 87.80.010 compensation 87.80.120 creation 87.80.090 generally 87.80.100 limitations 87.80.135 organization and operation 87.80.110 powers 87.80.130 budget adoption 87.80.140, 87.80.150 levy 87.80.160 control fund 87.80.190, 87.80.200 definitions 87.80.005 effect of chapter 87.80.900 formation hearing conduct and scope of 87.80.070 notice 87.80.050, 87.80.060 setting date of 87.80.040 petition to create 87.80.020, 87.80.030, 87.80.040 Yakima basin entities, coordination with federal and state programs 87.80.230 Judicial confirmation of bonds and contracts, generally 87.03.780, 87.03.785, 87.03.790, 87.03.795, 87.03.800, 87.03.805 Land settlement contracts indemnity to state 87.48.030 approval of contract 87.48.020 assessments 87.48.030 authority 87.48.010 expenses and losses 87.48.040 generally Ch. 87.48 state obligation 87.48.020 Legal representation of officers, employees, agents 87.03.158 Liability insurance for officials and employees, purchase authorized 36.16.138, 87.03.162 Lighting, streets and highways, may provide limitations 87.03.016 Local improvement districts costs 87.03.505 establishment, procedure 87.03.485 generally 87.03.480, 87.03.495, 87.03.500, 87.03.505, 87.03.510, 87.03.515, 87.03.520, 87.03.522, 87.03.525, 87.03.526, 87.03.527 (2008 Ed.) notice of formation to contain statement that assessments may vary from estimates 87.03.486 plan for, bonds, requirements 87.03.490 sanitary sewers or water facilities proposal notice 87.03.487 Maps, making and filing 87.03.775 Merger of smaller districts into larger districts application of RCW 87.04.030 - 87.04.055 87.04.058 approval of request 87.03.847 authorization 87.03.530 board of directors 87.03.849 denial of request 87.03.847 local improvement districts to carry out obligations authorized 87.03.851 merger of more than two districts 87.03.855 obligations not impaired enforcement remedies 87.03.851 proceedings to initiate 87.03.845 statement of property and assets of minor district 87.03.853 transfer of property and assets 87.03.849 water rights, existing rights not impaired 87.03.857 Merger with diking and drainage improvement districts 85.08.830, 85.08.840, 85.08.850, 85.08.860, 85.08.870, 85.08.880, 85.08.890 Merger with drainage districts, generally 87.03.720, 87.03.725, 87.03.730, 87.03.735, 87.03.740, 87.03.745 Merger with water-sewer districts, generally 87.03.720, 87.03.725 Mutual aid agreements for emergency interdistrict assistance 87.03.870 Nonirrigable land, exclusion when state holding bonds, generally 87.03.750, 87.03.755, 87.03.760, 87.03.765, 87.03.770 Officers directors and employees board meetings, regular and special 87.03.115 organization of 87.03.115 powers and duties 87.03.115 compensation, expenses 87.03.460 coordination with other districts 87.76.010 county treasurer, defined 87.03.438 declaration of candidacy 87.03.075 director divisions, See IRRIGATION DISTRICTS, subtitle Director divisions generally 87.03.080, 87.03.081, 87.03.082 immunity good faith performance of duties 87.03.138 petition of nomination 87.03.075 qualifications, districts under two hundred thousand acres 87.03.051 qualifications, districts with two hundred thousand acres 87.03.045 recall and discharge 87.03.083 treasurer of the county, defined 87.03.438 secretary collection of assessments when, bond, procedure, delinquency list 87.03.272 monthly statement to treasurer 87.03.272 Officials, insurance, liability, purchase for, authorized 87.03.162 Personal property, sale or lease 87.03.135 Plan approval 87.03.175, 87.03.180, 87.03.185, 87.03.190 Plats for subdivisions, etc., within district irrigation facilities, requirements 58.17.310 Powers change of name 87.03.130 condemnation 87.03.140, 87.03.145, 87.03.150 crossing other property 87.03.455 electrical energy generation and sale 87.03.015 multidistrict operating authorities, separate legal entities 87.03.018 eminent domain 87.03.140, 87.03.145, 87.03.150 general enumeration 87.03.015 generally 87.03.140 hydroelectric generation development legislative intent 87.03.013 property, purchase, condemnation hydroelectric generation 87.03.137 sanitary sewers, sewage disposal or treatment plants 87.03.015, 87.03.120, 87.03.125 utility local improvement districts authorized 87.28.200 conversion of local improvement districts 87.28.210 water distribution systems 87.03.015 Property adding lands to districts of two hundred thousand acres 87.03.615, 87.03.620, 87.03.625, 87.03.630, 87.03.635, 87.03.640 generally 87.03.560, 87.03.565, 87.03.570, 87.03.575, 87.03.580, 87.03.585, 87.03.590, 87.03.595, 87.03.600, 87.03.605, 87.03.610 exclusion of lands from, generally 87.03.645, 87.03.650, 87.03.655, 87.03.660, 87.03.665, 87.03.670, 87.03.675, 87.03.680, 87.03.685, 87.03.690, 87.03.695 sale or disposal, preference rights of adjacent owners 87.03.820 Property owned by, condemnation by cities and towns 35.92.190 Proposed works bond issues for 87.03.200 general procedure for 87.03.165, 87.03.170, 87.03.175, 87.03.180, 87.03.185, 87.03.190, 87.03.195 Public utility districts, restrictions on utility operations 54.04.030 Purchases 87.03.437 Rates, tolls, charges fixing, collection, authority, attorney’s fee 87.03.445 lien on property 87.03.445 Real property, sale or lease 87.03.136 Reclamation projects of state, contracts with districts Ch. 89.16 Refunding revenue bonds authorized 87.28.150 Rehabilitation districts assessments, generally 87.84.070 authority for 87.84.010 conversion of irrigation districts notice and election 87.84.040 petition for 87.84.020, 87.84.030 directors, powers and duties 87.84.060 purpose of organization 87.84.050 rights, generally 87.84.060 Reorganization authorization 85.22.010 Revenue bonds county treasurer, defined 87.28.005 generally Ch. 87.28 payment of, covenants 87.28.108 treasurer of the county defined 87.28.005 warrants, interim financing 87.28.015 Rules and regulations, penalty for violations 87.84.090 Sanitary sewer and sewage disposal system or treatment plants, revenue bonds, generally Ch. 87.28 Sewer facilities proposal notice 87.03.487 Sewerage improvement districts benefit to 85.08.380 merger with 85.08.830, 85.08.840, 85.08.850, 85.08.860, 85.08.870, 85.08.880, 85.08.890 Short-term obligations Ch. 39.50 Small works roster, compilation and use of 87.03.436 State lands, inclusion within 87.03.025 State losses on land settlement contracts, See IRRIGATION DISTRICTS, subtitle Land settlement contracts [RCW Index—page 405] IRRIGATION DITCHES Subdivision of land within district requirements for approval 58.17.310 Sunnyside Valley irrigation district funds, deposit of 87.68.070 Taxing district relief act Ch. 39.64 Tenant delinquencies 87.03.445 Tolls fixing, collection, methods 87.03.445 when levied 87.03.445 Treasurer duties and authority 87.03.440 Treasurer of the county, defined 87.03.438 Upgrading and improvement fund authorized 87.03.443 Utility local improvement districts authorized 87.28.200 conversion of local improvement districts 87.28.210 Warrants of, limitation of actions on 4.16.050 Water conservation district assistance to landowners 87.03.0175 Water rights ground waters determination and appropriation Ch. 90.44 surface waters, determination and appropriation Ch. 90.03 Water services rates 87.28.090 revenue bonds generally Ch. 87.28 Water systems assumption of substandard systems, limited immunity from liability 87.03.860 Water-sewer districts merging into irrigation districts, procedure 57.02.080 Watersheds cooperative watershed management 87.03.019 Yakima river basin water rights Ch. 90.38 IRRIGATION DITCHES Eminent domain for Const. Art. 1 § 16 ISLAND COUNTY Boundaries, tracing of 36.04.150 Superior court judges, number of 2.08.065 ISLANDS Community councils annexation of adjacent unincorporated areas 36.105.090 council members election and terms 36.105.060 county legislative authority, responsibilities 36.105.070 creation 36.105.040 definitions 36.105.020 dissolution and reestablishment 36.105.100 initial council members, election 36.105.050 powers 36.105.080 purpose 36.105.010 requirements 36.105.030 Island library districts, See LIBRARIES Motor vehicle taxes and license fees, refunds to counties composed of islands 47.17.990 ISSUES Defined 4.40.010 Descent and distribution defined for purposes of 11.02.005 intestate property 11.04.015 Exceptions and denials of challenges to jurors, trial of 4.44.230 Fact, issue of court not to decide on challenge to sufficiency of evidence 4.56.150 declaratory judgments 7.24.090 forcible entry and detainer, determination by jury 59.12.130 jury to decide 4.44.090 kind of issue 4.40.010 mandamus proceedings 7.16.210 notice of 4.44.020 prohibition proceedings 7.16.320 trial, by whom tried 4.40.060, 4.40.070 [RCW Index—page 406] Kinds, of fact 4.40.010 law 4.40.010 Law, of court to decide 4.44.080 kind of issue 4.40.010 notice of 4.44.020 trial, by whom tried 4.40.050 Partition proceedings, issues triable 7.52.070 Trial of, action against joint debtor after judgment 4.68.060 JAILS (See also CORRECTIONAL FACILITIES) Admission to jails prompt reporting to office of financial management 10.98.130 AIDS testing and counseling 70.24.360 Assault, custodial assault 9A.36.041, 9A.36.100 Booking and reporting, electronic statewide system and standards committee 36.28A.040, 36.28A.050 Booking fee 70.48.390 Cities and towns authority to build and maintain 70.48.190 camps, authorized 70.48.210 farms, authorized 70.48.210 separation of prisoners 35.66.050 special detention facilities authorized 70.48.210 fees for cost of housing 70.48.380 work release programs, authorized 70.48.210 working of prisoners 9.92.130 City and county jails act Ch. 70.48 Communicable disease prevention guidelines 70.48.480 Community restitution by offenders workers’ compensation and liability insurance coverage 35.21.209, 35A.21.220, 36.16.139, 51.12.045 Construction projects state financial assistance funding limitation, period of 70.48.160 Contraband, introduction into detention facility first degree 9A.76.140 second degree 9A.76.150 third degree 9A.76.160 Contracts for incarceration unaffected by financial responsibility law 70.48.460 Convicted felons, transfer to state institution pending appeal 36.63.255 Counties aliens committed to, notification of immigration authorities 10.70.140 camps, authorized 70.48.210 contracts with state for confinement 72.64.110 county to furnish 2.28.139 duty to furnish 2.28.139 farms, authorized 70.48.210 farms for confinement, See COUNTIES, subtitle Farms and camps for confinement prisoners early release for good behavior 9.92.151 work, authority to require 9.92.140 to provide 2.28.139 sales and use tax for juvenile detention facilities and jails 82.14.350 special detention facilities authorized 70.48.210 fees for cost of housing 70.48.380 work release programs, authorized 70.48.210 County prisoners employment, procedure 36.28.100 County use of state partial confinement facility reimbursement of state 9.94A.190 Definitions 70.48.020 Emergency or necessary medical and health care, reimbursement 70.48.130 Escape first degree 9A.76.110 second degree 9A.76.120 third degree 9A.76.130 Farms, camps, work release programs, authorized 70.48.210 Federal prisoners, confinement of 70.48.140 Felons financial responsibility of department of corrections 70.48.410 Financial responsibility 70.48.240, 70.48.400 felons department of corrections responsibility 70.48.410 parole hold 70.48.420 reimbursement rate to be established 70.48.440 work release inmates 70.48.430 Firearms, possession of, prohibited in certain areas, exceptions 9.41.300 Improvement and construction bond issue administered by state jail commission 70.48.280 legal investment for public funds 70.48.320 principal, interest payment, source 70.48.310 proceeds, deposit, use 70.48.270 bond issue—1981 authorization, amount, uses 70.48A.020 interest, principal payment 70.48A.070 legal investment for public funds 70.48A.080 legislative declaration 70.48A.010 legislative intent 70.48A.090 proceeds administration by jail commission 70.48A.040 deposit, use 70.48A.030 sale price 70.48A.050 severability 70.48A.900 state’s full faith and credit pledge 70.48A.060 Jail industries program board of directors duties 36.110.060 fee schedule, establishment 36.110.070 immunity 36.110.085 meetings, terms, and compensation 36.110.080 membership 36.110.030 receipt of funds 36.110.070 comprehensive work programs, city or county authorized to provide 36.110.100 deductions from offenders’ earnings, disbursement 36.110.110 definitions 36.110.020 education and training to improve worker literacy and employability 36.110.140 employment status of inmates 36.110.120 free venture industries agreements, effect of failure or discontinuance 36.110.130 employment status of inmates 36.110.120 funding city or county special revenue fund 36.110.090 deductions from offenders’ earnings 36.110.110 legislative finding 36.110.010 local advisory groups, membership and duties 36.110.050 staff assistance provided by department of corrections 36.110.150 technical training assistance 36.110.160 Jail labor, reduction of fines and costs for ratesetting authority of county legislative authority 10.82.030 Jail register, requirements 70.48.100 Juvenile offenders segregation from adult offenders 72.01.415 Juveniles not to be confined in adult facilities, exceptions 13.04.116 Kidnapping offenders registration requirement, notice 70.48.470 Local governments, standards of operation 70.48.071 Offenders performing community restitution (2008 Ed.) JOINT OPERATING AGENCIES workers’ compensation and liability insurance coverage 35.21.209, 35A.21.220, 36.16.139, 51.12.045 Operational authority chief law enforcement officer 70.48.090 interlocal contracts for jail services 70.48.090 counties 70.48.180 department of corrections 70.48.090 Overcrowded, exceeding maximum capacity emergency procedure 9.94A.875 Parole holds financial responsibility 70.48.420 Prisoners chemical dependency evaluation, discharge review 70.96A.142 confinement in jail of contracting authority, authorized 70.48.220 felons, state institution, transfer to, required 70.48.240 mental health review, release of offender subject to 70.48.475 temporary confinement authorized 70.48.230 testimony obtained, how 5.56.090 transportation expenses, financial responsibility for 70.48.230 Records confidentiality, exceptions 70.48.100 Regional camps generally 72.64.100 industrial insurance 72.64.065 Regional jails 70.48.095 Reimbursement rates for county use of state facilities 9.94A.190 Release from jails prompt reporting to office of financial management 10.98.130 Reporting form corrections department to develop 70.48.450 Sentences less or more than one year incarcerate in jail or state institution 70.48.400 violation of condition or requirement, penalty arrest and confinement in jail 9.94A.631 Sex offenders registration requirement, notice 70.48.470 Standards for correctional facilities to be adopted by corrections department 72.09.135 Standards for operation 70.48.071 Status of suspected or convicted felons prompt response by patrol or corrections department 10.98.150 Strip, body cavity searches alternatives, less intrusive 10.79.140 application of law 10.79.120 authorization for 10.79.080 conducting, standards for 10.79.100 damages, actions for 10.79.110 definitions 10.79.070 injunctive relief 10.79.110 legislative intent 10.79.060 medical care not precluded by procedural requirements 10.79.090 physical exams for public health purposes are not searches 10.79.160 reasonable suspicion, probable cause 10.79.130, 10.79.140 report of 10.79.080 search delayed, nonliability of government for damage 10.79.170 uncategorized searches 10.79.140 unnecessary persons prohibited at search 10.79.150 warrant for 10.79.080 warrant requirement 10.79.130 written record required 10.79.150 Weapons, deadly provision to person in detention 9A.76.140 Weapons possession prohibited in, exceptions 9.41.300 Work release inmates financial responsibility 70.48.430 (2008 Ed.) JAPANESE AMERICANS Civil liberties day of remembrance 1.16.050, 1.16.090 Civil liberties public education program World War II internment 28A.300.390, 28A.300.395, 28A.300.400, 28A.300.405, 28A.300.410, 28A.300.412, 28A.300.415 JAPANESE EMPLOYEES— REPARATIONS (See PUBLIC OFFICERS AND EMPLOYEES, subtitle World War II reparations) JEFFERSON COUNTY Boundaries, tracing of 36.04.160 Superior court judges, number of 2.08.064 JET SKIS (See WATER SKIING, subtitle Personal watercraft) JETTIES AND SEA WALLS Port districts, acquisition and operation of facilities 53.08.020 JOB SKILLS PROGRAM Definitions 28C.04.410 Grants to educational institutions requirements 28C.04.420 Work force training customer advisory committee 28C.04.390 Worker retraining program funds, use 28C.04.390 JOINDER Causes of action effect on petition for removal from district to superior court 4.14.010 improper joinder ground for demurrer objection by answer, when 4.32.070 Challenges to jurors, several parties must join 4.44.130 Costs, failure to join, limitations on recovery of costs 4.84.050 Defendants in criminal actions 10.37.060 Indictments, joinder of defendants 10.37.060 Logging liens, multiple actions 60.24.180 Necessary parties defendant dismissal for failure to join 4.56.120 nonsuit for failure to join 4.56.120 Parties challenges to jurors 4.44.130 ejectment and quieting title actions, authorized, when 7.28.280 necessary parties defendant dismissal for failure to join 4.56.120 nonsuit for failure to join 4.56.120 JOINT ADMINISTRATIVE RULES REVIEW COMMITTEE (See ADMINISTRATIVE PROCEDURE, subtitle Rules review committee) JOINT CITY AND COUNTY HOUSING AUTHORITIES Authorized 35.82.300 Dissolution 35.82.310 Ordinance, contents 35.82.300 Powers 35.82.300 Property transfer, provisions 35.82.330 JOINT COMMITTEE ON ENERGY SUPPLY AND ENERGY CONSERVATION Appointment of members 44.39.015 Chairman, approval of expense voucher claims for members 44.39.050 Composition 44.39.015 Contempt proceedings 44.39.060 Creation 44.39.010 Definitions 44.39.012 Energy supply alert or energy emergency duties 44.39.070 Examinations 44.39.060 Expenses and per diem approval by chairman 44.39.050 members 44.39.045 Meetings, when 44.39.070 Members appointment 44.39.015 expenses and per diem 44.39.045 terms 44.39.020 vacancies 44.39.025 Study of state building code relating to energy 44.39.038 Subpoena power 44.39.060 Terms of members 44.39.020 Vacancies in office 44.39.025 Witness fees 44.39.060 JOINT DEBTORS (See also DEBTS AND DEBTORS) Confession of judgment by enforcement 4.60.030 who may confess 4.60.030 Procedure to bind after judgment affidavit to accompany summons 4.68.030 answer 4.68.040 defenses 4.68.040 new complaint not necessary 4.68.020 pleadings, what constitutes pleading 4.68.050 summons contents 4.68.020 procedure 4.68.010 service 4.68.020 trial 4.68.060 JOINT DEFENDANTS (See DEFENDANTS, subtitle Joint) JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE (See LEGISLATIVE AUDIT AND REVIEW COMMITTEE) JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON TRADE POLICY Chair, officers, and rules 44.55.030 Compensation, members 44.55.060 Findings - intent 44.55.010 Membership 44.55.020 Powers and duties 44.55.040 Staff support 44.55.050 JOINT LIABILITY Attachment, assignors having an interest 6.25.080 Confession of judgment enforcement 4.60.030 who may confess 4.60.030 Confession of judgment by joint debtor enforceable against 4.60.030 Contracts procedure to bind joint debtors after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 Joint debtors, procedure to bind after judgment affidavit to accompany summons 4.68.030 answer 4.68.040 defenses 4.68.040 new complaint not necessary 4.68.020 pleadings, what constitutes 4.68.050 summons contents 4.68.020 procedure 4.68.010 service of 4.68.020 trial 4.68.060 JOINT OBLIGORS Ne exeat proceedings available to 7.44.040 JOINT OPERATING AGENCIES (See also POWER FACILITIES AND RESOURCES, subtitle Joint operating agencies) Administrative auditor appointed by executive board 43.52.378 Advancements to agency by members, interest 43.52.391 Appeals 43.52.360, 43.52.430 Board of directors 43.52.370, 43.52.374, 43.52.375 Bond issues bidding 43.52.343 negotiation and advertisement of 43.52.343 [RCW Index—page 407] JOINT OWNERS powers as to 43.52.3411 sale by negotiation or advertisement and bid 43.52.343 Compensation 43.52.290 Conservation authority, duties 43.52.260 Contracts bid form 43.52.612 emergency purchases 43.52.585 materials or work competitive negotiation 43.52.565, 43.52.567 sealed bids 43.52.560 telephone bids or written quotations 43.52.570 Definitions 43.52.250 Dissolution 43.52.360 Electric energy apportionment basis 43.52.380 city or district contracts 43.52.410, 43.52.595 member’s preference to buy 43.52.380 surplus 43.52.380 Eminent domain powers 43.52.300, 43.52.391 Energy financing approval act purpose 80.52.020 Energy financing voter approval act cost-effectiveness priorities 80.52.080 definitions 80.52.030 election approval required bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 short title 80.52.010 Executive board 43.52.374, 43.52.375 Fiscal controls 43.52.375 Fishways and fish protective devices to be maintained by 43.52.350 Formation 43.52.360 Guidelines best interests of ratepayers govern 43.52.385 Interest rates maximum for repaying a member 43.52.395 Least-cost approach plan for energy resources investment 43.52.360 Members incompatibility of offices doctrine voided 43.52.290 Membership 43.52.360 Nuclear generating projects contracts competitive negotiation applicability of Titles 9 and 9A RCW 43.52.515 Open public meetings compliance 43.52.383 Performance audits, reports 43.52.378 Powers and duties 43.52.300, 43.52.391 Preservation of rights 43.52.450 Public utility district properties, restriction on acquiring 43.52.391 Purchasing competition, purchasing without authorized 43.52.575 emergency purchases 43.52.580 sealed bids 43.52.560 telephone bids or written quotations 43.52.570 Ratepayers best interest govern 43.52.385 Security force authorized 43.52.520 criminal record information use 43.52.525 powers and duties 43.52.530 retirement provision 43.52.535 Steam, sale of 43.52.391 Tax levying authority 39.64.085 Taxation, in lieu of taxes, amount 43.52.460 United States, contracts with for power 43.52.391 Utilities and transportation commission not to govern rates 43.52.450 Validity of organization 43.52.470 Warrants, powers as to 43.52.3411 Washington public power supply system (W.P.P.S.S.) Ch. 43.52 Water, sale of 43.52.391 [RCW Index—page 408] JOINT OWNERS Municipal local improvement assessments, payment by one 35.49.090 JOINT PARTIES (See JOINDER) JOINT PROPERTY Confession of judgment by joint debtor enforceable against 4.60.030 Port districts, acquisition with other districts 53.08.240 JOINT STOCK COMPANIES Combinations in restraint of trade forbidden Const. Art. 12 § 22 Criminal actions against restitution, in lieu of fine 9A.20.030 Nonresident, service of summons on, personal service 4.28.080 Stockholders, liability of Const. Art. 12 § 11 Term "corporation" includes Const. Art. 12 § 5 JOINT TENANCY Agreements not affected 64.28.030 Character of interests held by spouses or domestic partners 64.28.040 Ejectment and quieting title actions, action by joint tenant against co-tenant 7.28.240 Execution of judgment on personal property 6.17.180 Interest in common 64.28.020 Registration of land titles, manner or application 65.12.005 Right of survivorship authorized 64.28.010 Safe deposit boxes, See SAFE DEPOSIT BOXES Shares issued or transferred jointly, presumption of joint tenancy 11.02.110 Survivorship, See SURVIVORSHIP JOINT TRANSPORTATION COMMITTEE Allowances, expenses 44.04.310 Created, duties 44.04.300 Oversight 44.04.260 JOURNALS Court rulings or decision embodied in, exceptions need not be taken 4.80.020 verdict entered in 4.44.460 Legislative, See LEGISLATURE, subtitle Journals JUDGES (See also COURT OF APPEALS; DISTRICT JUDGES; SUPERIOR COURTS; SUPREME COURT) Absence from state vacates office Const. Art. 4 § 8 Adjournment, power of 2.28.120 Appearance of fairness doctrine Ch. 42.36 Arrest and fingerprint form duties 10.98.050 Attorney, may act as, when 2.28.040 Certiorari proceedings, service of writ on 7.16.100 Charging jury, not to comment on facts Const. Art. 4 § 16 Commission on judicial conduct Const. Art. 4 § 31 Contempt of court power to punish for 2.28.070 Contempt of court, See also CONTEMPT, subtitle Judicial officers Corruption in office removal by legislature Const. Art. 4 § 9, Const. Art. 4 § 31 Court of appeals authority, jurisdiction Const. Art. 4 § 30 creation 2.06.020 judicial conduct, commission, membership on 2.64.020 power to grant writ 7.36.040 Courts of limited jurisdiction annual conference of judges 2.56.060 Defined, for Criminal Code 9A.04.110 Demonstration of any kind in or near residence of, obstructing justice by, penalty 9.27.015 Dispute resolution centers alternative to judicial setting Ch. 7.75 Disqualification of waiver 2.28.030 when 2.28.030 District courts salaries 3.58.010 Election of, primary, no contest Const. Art. 4 § 29 Facts, not to comment upon Const. Art. 4 § 16 Fingerprints duties 10.98.050 Implied powers 2.28.150 Incompetency, removal for, rights of accused judge Const. Art. 4 § 9 Inferior judicial officers, powers 2.28.090 Intimidating a judge defined 9A.72.160 Judicial education public safety and education account to benefit 43.08.250 Judicial officers, as 2.28.030 Judicial qualifications commission, See JUDICIAL QUALIFICATIONS COMMISSION Judicial retirement system administrative review 2.10.200 cessation of benefits upon return to court 2.10.230 contributions refund of contributions to ineligible judge or surviving spouse 2.10.165 contributions, employee, employer 2.10.090 coverage 2.10.040 created 2.10.040 death prior to retirement, procedure 2.10.144 definitions 2.10.030 employment after retirement 2.10.155 funding of system 2.10.090 judge retirement disability 2.10.120 judicial review no bond required 2.10.210 pro tempore service, effect on benefits 2.10.155 purpose 2.10.020 retirement allowance cost-of-living adjustments 2.10.170 for disability 2.10.120, 2.10.130, 2.10.146 exemption from taxation and judicial process, dissolution of marriage, court ordered payments, exceptions 2.10.180 procedure 2.10.120 exemption from taxation and judicial process, dissolution of marriage, court ordered payments, exceptions 2.10.180 for service 2.10.110 exemption from taxation and judicial process, dissolution of marriage, court ordered payments, exceptions 2.10.180 retirement board duties 2.10.070 general powers and duties 2.10.070 hearings conduct 2.10.200 notice 2.10.190 prior to judicial review 2.10.190 required 2.10.190 members 2.10.070 retirement for service or age 2.10.100 retirement fund funding of system 2.10.090 investment of, authority 41.50.080 state treasurer duties 2.10.080 transfer of investment authority to state investment board 41.50.080 salary, monthly deductions 2.10.090 short title 2.10.010 surviving spouse benefits (2008 Ed.) JUDGES cost-of-living adjustments 2.10.170 exemption from taxation and judicial process 2.10.180 survivor’s benefits 2.10.140, 2.10.144 suspension of benefits upon employment, exceptions 2.10.155 tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 transfer 2.10.040 transfer of membership 41.40.095, 41.40.098 transfer of powers, duties, functions to department of retirecost-of-livingment systems 41.50.030 transfer to system from public employees’ retirement system prior service credit 2.10.220 written request 2.10.220 Judicial retirement system, See RETIREMENT AND PENSIONS, subtitle Judicial retirement system hearings, See JUDGES, subtitle Judicial retirement system, retirement board Juries, not to charge as to matters of fact Const. Art. 4 § 16 Malicious prosecution claim by a judicial officer 4.24.350 Municipal courts power to act as magistrates Ch. 35.20, 35.20.020 salaries 3.58.010 National guard and air national guard membership authorized 38.12.030 Plea agreements sentencing judge not bound by agreement 9.94A.431 Powers 2.28.060 distinguished from courts’ powers 2.28.050 out of court 2.28.050 Practice of law prohibited 2.48.200, Const. Art. 4 § 19 Prejudice administrative law judges 34.12.050 superior court 34.12.040 Pro tempore appointment 2.56.170 authorized Const. Art. 4 § 2A compensation 2.28.160 lodging, reimbursement for, affidavit to court 2.28.160 retirement benefits, effect on 2.10.155 subsistence, reimbursement for, affidavit to court 2.28.160 superior court, provision for Const. Art. 4 § 7 travel expenses, reimbursement for, affidavit to court 2.28.160 Public employees’ retirement system disability in line of duty applicability 41.40.200 disability not in line of duty 41.40.230 earned disability allowance 41.40.670 death of recipient, disposition 41.40.670 Removal for cause, rights of accused judge Const. Art. 4 § 9 Residence of demonstration of any kind in or near, obstructing justice, penalty 9.27.015 picketing or parading in or near, obstructing justice, penalty 9.27.015 use of sound-truck or similar device in or near, obstructing justice, penalty 9.27.015 Retirement age of Const. Art. 4 § 3A disability in line of duty 41.40.200 disability not in line of duty 41.40.230 earned disability allowance 41.40.670 death of recipient, disposition 41.40.670 service as judge pro tempore of supreme court, effect 2.04.250 supplemental administration of plan 2.14.040, 2.14.050 administrator’s duties 2.14.080 contributions 2.14.060, 2.14.090, 2.14.100, 2.14.110 (2008 Ed.) administrator’s duties 2.14.080 discontinuing 2.14.115 investments and earnings 2.14.080 death of member 2.14.110 definitions 2.14.020 exempt from taxes, execution 2.14.100 funding of plan 2.14.090 investments and earnings 2.14.080 judicial retirement account plan 2.14.030 judicial retirement administrative account 2.14.070 judicial retirement principal account 2.14.060 purpose 2.14.010 separation, distribution 2.14.100 suspension of retirement allowance upon reemployment, exceptions, reinstatement 41.40.690 Retirement plan additional pension for more than eighteen years service 2.12.015 adjustment of pension of retired judge or widow 2.12.037 benefits exempt from taxation and judicial process 2.12.090 compensation 2.12.030 computation of 2.12.035 contributions refund of contributions to ineligible judge or surviving spouse 2.12.048 dissolution of marriage, court ordered payments 2.12.090 gender 2.12.900 group insurance premiums, deductions for 2.12.090 monthly benefit minimum 2.12.045 post-retirement adjustment 2.12.046 partial pension for less than eighteen years service 2.12.012 retirement for age or service 2.12.010 disability 2.12.020 retirement fund created, custody, contents, records 2.12.050 deductions and withdrawals 2.12.060 how constituted 2.12.060 investment of, authority 41.50.080 salary base for computation 2.12.035 service after retirement 2.12.040 surviving spouse 2.12.030 teachers’ retirement system 41.32.581, 41.32.584, 41.32.587 transfer from public employees’ retirement system 2.12.100 transfer of power, duties, and functions to the department of retirement systems 41.50.030 transfer of state treasurer’s functions to department of retirement systems 41.50.030 Retirement recommended by commission on judicial conduct Const. Art. 4 § 31 Salaries citizens’ commission schedule 43.03.012 deductions for judges’ retirement fund 2.12.050, 2.12.060 district courts 3.58.010 increase during term, authorized Const. Art. 30 § 1 municipal courts 3.58.010 payable quarterly Const. Art. 4 § 13 State bar membership, excepted from 2.48.021 Statewide special inquiry judge act Ch. 10.29 Superior court, See also SUPERIOR COURTS, subtitle Judges Superior courts acknowledgment of instruments 64.08.010 administrator for the courts assignment to another county or district by chief justice, duty to obey 2.56.040 expenses when under assignment 2.56.070 requests for information, must comply with 2.56.050 affidavit of prejudice against 4.12.050 allocation of 2.08.061, 2.08.062, 2.08.063, 2.08.064, 2.08.065 annual conference of judges 2.56.060 assignment of judges and judicial business Const. Art. 4 § 5 contempt of court punishment power 2.28.070 costs furnished indigent party 2.32.240, 4.88.330 county boundary determinations, qualifications 36.05.020 court commissioners appointment of Const. Art. 4 § 23 decisions, time limit for rendering Const. Art. 4 § 20 defects in law, reporting to supreme court Const. Art. 4 § 25 defined as judicial officers 2.28.030 disqualification of 2.28.030 grounds 4.12.030 grounds for change of venue 4.12.030 waiver 2.28.030 election of 2.08.060, Const. Art. 4 § 5 eligibility Const. Art. 4 § 17 habeas corpus bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040, Const. Art. 4 § 6 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 temporary orders 7.36.220 warrant to prevent removal or irreparable injury 7.36.190 witnesses 7.36.150 compelling attendance of 7.36.170 ineligible to other office or employment Const. Art. 4 § 15 injunctions 7.40.010 judicial conduct commission, membership on 2.64.020 juries, not to charge as to matters of fact Const. Art. 4 § 16 jurisdiction Const. Art. 4 § 6 injunctions 7.40.010 restraining orders 7.40.010 legal aid county committee, member of 2.50.070 member of superior court judges’ association 2.16.010 not to practice law 2.48.200 oath of office Const. Art. 4 § 28 powers 2.28.080 to issue writs 2.08.010 practice of law prohibited Const. Art. 4 § 19 prejudice of affidavit of prejudice 4.12.050 ground for change of venue 4.12.050 pro tempore 2.08.185, Const. Art. 4 § 7 recall, exception from Const. Art. 1 § 33 rendition of accused persons act designated agent must file certain documents with 10.91.010 impose conditions of release to assure appearance at hearing 10.91.020 order for return of accused person to demanding court, judge or magistrate, issued by 10.91.030 preliminary hearing upon arrest of accused person 10.91.020 [RCW Index—page 409] JUDGMENTS advise right to confront witnesses against him 10.91.020 advise right to counsel 10.91.020 advise right to produce evidence 10.91.020 may waive hearing and agree to be returned to demanding state 10.91.020 set time and place of hearing 10.91.020 warrant for arrest of accused person violating terms or release, issued by 10.91.010 report to judges of supreme court as to defects or omissions in statutes Const. Art. 4 § 25 retirement Const. Art. 4 § 3A rules for government Const. Art. 4 § 24 salaries Const. Art. 4 § 13, Const. Art. 4 § 14 affidavit of compliance with administrator for the courts, salary withheld until 2.56.040 sessions of court may be held in any county on request Const. Art. 4 § 7 may prescribe time 2.08.030 state bar membership 2.48.021 terms of office Const. Art. 4 § 5 transcripts of testimony, ordering for pauper 2.32.240 visiting judges assigned under administrator for the courts act, expenses when under assignment 2.56.070 request for by judge or judges 2.08.150 writs may be issued by Const. Art. 4 § 6 Supreme court acknowledgment of instruments 64.08.010 annual conference of judges 2.56.060 censure of judges or justices Const. Art. 4 § 31 chief justice selection of Const. Art. 4 § 3 clerk appointed by Const. Art. 4 § 22 decisions to be in writing with grounds stated Const. Art. 4 § 2 defects or omissions in law, reporting to governor Const. Art. 4 § 25 defined, as judicial officer 2.28.030 disqualification of 2.28.030 election of Const. Art. 4 § 3 eligibility Const. Art. 4 § 17 habeas corpus bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040, Const. Art. 4 § 4 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 temporary orders 7.36.220 warrant to prevent removal or irreparable injury 7.36.190 apprehension of offending party 7.36.200 witnesses 7.36.150 compelling attendance of 7.36.170 ineligible to other than judicial office Const. Art. 4 § 15 not to practice law 2.48.200 oath of office Const. Art. 4 § 28 opinions, publication of Const. Art. 4 § 21 powers of judges 2.28.080 practice of law prohibited Const. Art. 4 § 19 proof sheets of reports, correction of 2.32.130 recall, judges as subject to Const. Art. 1 § 33 removal of judges or justices Const. Art. 4 § 31 report to by judges of superior court concerning defects or omissions in laws Const. Art. 4 § 25 reporter, appointment of Const. Art. 4 § 18 [RCW Index—page 410] retirement Const. Art. 4 § 3A retirement of judges or justices Const. Art. 4 § 31 retirement plan, See also RETIREMENT AND PENSIONS salaries Const. Art. 4 § 13, Const. Art. 4 § 14 state bar membership 2.48.021 suspension of judges or justices Const. Art. 4 § 31 term of office Const. Art. 4 § 3 vacancy appointee to fill 2.04.100 election to fill 2.04.100 how filled 2.04.100 term of appointee 2.04.100 term of electee 2.04.100 writs, issuance authorized Const. Art. 4 § 4 Suspension of judge or justice 2.64.094 Traffic infractions training requirements 46.63.050 Unfinished private law business 2.48.200 Use of sound-truck or similar device in or near residence of, obstructing justice by, penalty 9.27.015 Venue change of superior court judge or court commissioner due to prejudice 4.12.040 Veterans, reemployment rights 73.16.041 Visiting judges assigned under administrator for the courts act, duty to obey, salary withheld 2.56.040 enhanced enforcement district, assignment to serve in 2.56.110 Wiretaps, illegal drug transactions authorizations, availability for, requirements 9.73.220 Witnesses, power to compel attendance, prepayment or tender of fees, subsistence allowance, and travel allowance 5.56.010 JUDGMENTS (See also DECREES) Abstracts, of contents 4.64.090 entry in execution docket 4.64.120 indexing of 4.64.120 Actions for recovery of possession of personal property 4.56.080 Actions upon, commencement, time for and exception 4.16.020 Adoption proceedings, See ADOPTION Affecting real property, filing with county auditor, notice 65.04.070 Agreed cases courts power to render 4.52.010 enforcement 4.52.030 entering in judgment book 4.52.020 judgment roll requisites 4.52.020 Amount, abstract of judgment entry 4.64.090 Appeals execution docket entry of appeal 4.64.080 Arbitration, uniform act Ch. 7.04A Archives and records management services judgment debtor surcharge to fund local government records management and protection 40.14.027 Assignee of can sue in own name 4.08.080 Assignment of acknowledgment of 4.56.090 execution in name of assignee 6.17.030 filing 4.56.090 notice of, procedure 4.56.090 Attachment defendant, for, procedure 6.25.270 Attachment, See also ATTACHMENT Attorney’s lien upon 60.40.010 Bail forfeiture 10.19.100 Banks or trust companies holding, when cease to be asset 30.04.130 Bar to another action, when challenge to sufficiency of evidence 4.56.150 merits, decision on 4.56.120 official bonds 42.08.040 Certified abstracts of, liens commencing on filing of 4.56.200 Certified mail defined 6.01.060 Certiorari proceedings 7.16.110 copy, transmittal to inferior tribunal, board, or officer 7.16.130 defined 7.16.020 Challenge to sufficiency of evidence, on 4.56.150 Children, against 4.72.010, 4.72.030 Cities and towns second class, power to pay 35.23.440 sewerage system liens 35.67.250 Community renewal property, exemption from 35.81.120 Confession of authorized, when 4.60.010 children, who may confess for 4.60.020 complaint, not to exceed 4.60.010 costs, judgment to contain 4.60.070 county, by, who may confess for 4.60.020 entry of judgment 4.60.070 execution of 4.60.070 minors, who may confess for 4.60.020 municipal corporations, who may confess for 4.60.020 persons jointly liable, by enforcement 4.60.030 who may confess 4.60.030 private corporation, by, who may confess for 4.60.020 public corporations, by, who may confess for 4.60.020 state, by, who may confess for 4.60.020 statement in writing acknowledged 4.60.040 endorsement by court or judge 4.60.070 filing 4.60.070 required 4.60.040 requisites of 4.60.060 subscribed 4.60.040 without suit, when 4.60.050 Constructive service, reopening after judgment 4.28.200 Contents 4.64.030 Contracts interest rate 4.56.110 setoff against plaintiff assignee 4.56.070, 4.56.075 Conveyance, compelling real estate conveyance appointment of commissioner 6.28.010, 6.28.080 attachments 6.28.080 sequestration, by 6.28.080 Corporations criminal actions, force and effect 10.01.090 Costs criminal actions default in payment, enforcement, collection 10.01.180 payment by defendant 10.01.160 payment, deferred, installments 10.01.170 security for, judgment on 4.84.240 Court commissioners, review of judgments by superior court 2.24.050 Court of appeals, power and authority of 2.06.030 Criminal actions acquittal of, vacation or modification of, chapter 4.72 RCW not applicable to criminal actions 4.72.080 corporations, force and effect of judgment 10.01.090 costs default in payment, enforcement, collection 10.01.180 judgment to include 10.64.015 payment requirement 10.01.160 fines, lien against real property of defendant 10.64.080 fingerprint of defendant affixed to 10.64.110 interest on, rate 10.82.090 liens, fines in criminal actions a lien against real property of defendant 10.64.080 (2008 Ed.) JUDGMENTS pleading of, facts as to jurisdiction need not be pleaded in 10.37.100 rendition of on verdict of guilty 10.64.015 vacation of, chapter 4.72 RCW not applicable to criminal actions 4.72.080 Damages, assessment of without answer 4.28.290 Debt, foreign judgment as evidence of, faith accorded to 5.44.020 Debtors garnishment of 6.27.050 order for examination 6.32.010 Decisions of superior courts, time limit for rendering 2.08.240 Declaration concerning validity of marriage 26.09.040 Declaratory judgments, See DECLARATORY JUDGMENTS Default court commissioners power to enter 2.24.040 redemption rights on mortgage foreclosure lost where property abandoned, rights not lost where deficiency judgment 61.12.094 relief or scope of judgment district court civil action 12.20.020 setting aside district court civil action 12.20.020 insolvent insurers 48.32.160 vacation of, defendant not personally served 4.28.200 Defendant becomes bankruptcy debtor, procedure 6.01.050 Defendants criminal actions costs default in payment, enforcement, collection 10.01.180 payment requirement 10.01.160 deferred or installment payment of costs 10.01.170 Defenses, See DEFENSES Diking and drainage improvement districts, judgment liability, levy for 85.08.460 Direction of writ, when sheriff a party 6.01.030 Discharge of, execution docket entry 4.64.080 Dismissal grounds 4.56.120 District courts 10.04.110 certified transcript of entry in execution docket by clerk 4.64.120 indexing of by clerk 4.64.120 transcript of docket to contain copy of judgment 4.64.110 District judges default failure of defendant to appear and plead as grounds for 12.20.020 relief or scope of judgment 12.20.020 setting aside of default judgment, procedure 12.20.020 vacation of default judgment, procedure 12.20.020 dismissal of action without prejudice failure of plaintiff to appear 12.20.010 venue wrong 12.20.010 entry of, time of 12.20.030 party refusing to testify, against 12.16.080 small claims nonpayment, procedure 12.40.110 payment of immediately 12.40.100 Domestic violence lien on real estate 26.50.200 Ejectment and quieting title actions action by known heirs after ten years possession to quiet title 7.28.010 action by person in possession against unknown heirs and presumed deceased persons 7.28.010 actions to quiet title and recover real property 7.28.010 appointment of trustee to carry into effect 7.28.010 conclusive against landlord, when 7.28.130 (2008 Ed.) counterclaims for permanent improvements and taxes paid 7.28.180 lis pendens, effect on 7.28.260 plaintiff’s right to possession expires before trial 7.28.190 quieting title against outlawed mortgage or deed of trust 7.28.300 Eminent domain proceedings effect on unknown interested parties 4.28.120 Eminent domain proceedings, See also EMINENT DOMAIN Enforcement of agreed cases 4.52.030 application of statutes to district courts, superior courts 6.01.010 confessed judgments of persons jointly liable 4.60.030 conveyance of real property 6.28.080 debtors, examination of 6.32.010 debtor fails to appear plaintiff entitled to costs and fees 6.32.010 execution affidavit of judgment creditor 6.17.100 assignee of judgment 6.17.030 clerk’s duties 6.17.120 contents of writ 6.17.110 delivery of property 6.17.070 executors and administrators, by 6.17.030 form of writ of execution 6.17.110 judgment 6.19.060 levy and sale generally 6.17.130 joint property, on personal property 6.17.180 partnership property, personal property 6.17.180 local governmental entity, against 6.17.080 particular cases 6.17.070 payment of money 6.17.070 personal property, bond to retain possession 6.17.190 personal representatives, by 6.17.030 sheriff’s duties 6.17.120 time limitation, exceptions 6.17.020 writ in certain cases 6.17.070 exemptions from execution, See EXEMPTIONS FROM EXECUTION foreign judgments, uniform act appeal from, effect of 6.36.045 construction of act 6.36.900 costs 6.36.140 definitions 6.36.010 filing of affidavit of last address of judgment debtor, creditor 6.36.035 authorized, effect 6.36.025 notice, contents 6.36.035 interest 6.36.140 judgment creditor, former rights preserved 6.36.160 sale under levy 6.36.130 satisfaction of judgments, effect 6.36.150 stay of execution grounds for 6.36.045 interrogatories, answer to 6.32.015 by parties 2.44.010 power of courts 2.28.010 procedure to bind joint debtors after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS Entry of confessed judgments 4.60.070 confession of judgment statement in writing to authorize 4.60.060 execution docket proof of executor or administrator for execution of judgments in name of 6.17.030 proof of representative for execution of judgments in name of 6.17.030 expiration of lien measured from 4.56.210 judgments 6.01.020 liens commencing on 4.56.200 satisfaction of judgment against local governmental entity 6.17.080 time of entry district court civil action 12.20.030 Exceptions when to be taken 4.80.020 Execution affidavit of judgment creditor 6.17.100 applicability to district courts 6.17.010 assignee of judgment 6.17.030 authorized within ten years, exceptions 6.17.020 bail forfeiture 10.19.100 clerk’s duties 6.17.120 by confession 4.60.070 contents of writ 6.17.110 delivery of property 6.17.070 executors and administrators, by on death of judgment creditor 6.17.030 exempt property 6.15.010 fee 6.17.020 form of writ 6.17.110 homesteads costs 6.13.200 homesteads, See HOMESTEADS jointly owned real estate, levy on 6.17.170 kinds 6.17.060 levy and sale generally 6.17.130 joint property, on personal property 6.17.180 partnership property, personal property 6.17.180 local governmental entity, against 6.17.080 particular cases, in 6.17.070 payment of money 6.17.070 personal property, bond to retain possession 6.17.190 personal representatives, by 6.17.030 property against 6.17.110 property liable to 6.17.090 referee’s power as to 2.24.060 satisfaction of judgment, proceeds to clerk 6.17.140 service of writ 6.17.130 sheriff’s duties 6.17.120 stay of execution, time period, bond 6.17.050 time limitation, exceptions 6.17.020 trust property exemption where trust from person other than judgment debtor 6.32.250 writ in certain cases 6.17.070 Execution, See also EXECUTIONS Execution against several persons 6.01.040 Execution by parties 2.44.010 Execution docket abstract of verdict entries 4.64.100 abstract to another county 4.64.100 certificate of lien cessation entry, effect 4.64.100 entries in (contents) 4.64.080 entry of certified abstracts of judgments by clerk 4.64.120 entry of verdict in 4.64.020 inspection of by public, when allowed 4.64.060 judgments entered in, requisites 4.64.030 keeping of 4.64.060 location of 4.64.060 public record, status as 4.64.060 Execution of pension benefits exemption from judgment for out-of-state income tax on benefits 6.15.025 retirement benefits exemption from judgment for out-of-state income tax on benefits 6.15.025 Executions clerk’s duty on receipt of proceeds 6.17.150 homesteads proceeds of sale, disposition 6.13.170 [RCW Index—page 411] JUDGMENTS stay of execution, time period, bond 6.17.040 Executors and administrators default judgment as evidence of assets 11.48.160 effect of judgment if on setoff action 4.56.050 Extension of prohibited 4.56.210 Forcible entry and detainer default by defendant 59.12.120 execution of 59.12.170 generally 59.12.170 Foreign, enforcement of, uniform act, See JUDGMENTS, subtitle Enforcement of Foreign judgments debt defenses available against 5.44.030 evidence, as, faith accorded to 5.44.020 enforcement of, uniform act 6.36.010, 6.36.025, 6.36.035, 6.36.045, 6.36.130, 6.36.140, 6.36.150, 6.36.160, 6.36.900 Foreign money claims contract claims determination of amount of money to be paid 6.44.050 definitions 6.44.010 distribution proceedings conversion of foreign money in 6.44.080 effect of chapter, variation by agreement 6.44.030 enforcement of judgment 6.44.100 general principals of law supplementary to provisions of chapter 6.44.130 interest prejudgment and judgment interest 6.44.090 judgment and award on claims form and requirements 6.44.070 proper money of claims determination of 6.44.040 revaluation of currency, effect of 6.44.120 scope of chapter 6.44.020 short title of chapter 6.44.901 uniformity in application and construction of chapter 6.44.140 United States dollar value of claim determination for purpose of facilitating enforcement of provisional remedies 6.44.110 Foreign money judgments assertion of claim 6.44.060 defense of claim 6.44.060 recognition, uniform act 6.40.010, 6.40.020, 6.40.030, 6.40.040, 6.40.050, 6.40.060 Garnishment decree to deliver up effects 6.27.270 default judgments 6.27.250 garnishee’s failure to answer 6.27.200 reopening, costs 6.27.200 discharge of garnishee upon uncontroverted answer 6.27.240 execution of judgment against defendant 6.27.260 garnishee 6.27.260 garnishee, against 6.27.250 form 6.27.265 grounds for issuance of writ 6.27.020 inclusion in 6.27.230 of judgment debtor 6.27.050 state and political subdivisions 6.27.040 Habeas corpus limitation on inquiry into 7.36.130 summary determination 7.36.120 Harmless error disregarded 4.36.240 Homesteads application for appraisal petition contents 6.13.110 execution application for appraisal appointment of appraiser 6.13.130 oath and duties of appraiser 6.13.140 petition verified 6.13.110 proof of service 6.13.130 division of 6.13.150 [RCW Index—page 412] levy 6.13.100 petition of appraisal to recite levied upon 6.13.110 sale of property not divisible 6.13.160 execution for enforcement of judgment application for appraisal authorized, when 6.13.100 Housing finance commission 4.92.040 Impeachment, extent of judgment Const. Art. 5 § 2 Indictments, pleading of judgments, facts as to jurisdiction need not be pleaded in 10.37.100 Injunctions injunction to prevent interference with 7.40.020 injunction to prevent proceedings on 7.40.020 moral nuisances 7.48.076 obscene materials 7.42.030 stay of proceedings after judgment 7.40.110 damages on dissolution 7.40.190, 7.40.200 disposition of money collected 7.40.140 Insurance, reciprocal insurers, subscribers’ liability 48.10.260 Interest on rate of 4.56.110 against state, political subdivisions, municipal corporations 4.56.115 Joint debtors procedure to bind after judgment affidavit to accompany summons 4.68.030 answer 4.68.040 defenses 4.68.040 new complaint not necessary 4.68.020 pleadings, what constitutes 4.68.050 summons contents 4.68.020 procedure 4.68.010 service of 4.68.020 trial 4.68.060 Journals entries rulings or decisions embodied in, exceptions need not be taken 4.80.020 verdict entered in 4.44.460 Justices of the peace garnishment, See JUSTICES OF THE PEACE, subtitle Garnishment Juvenile offenders legal financial obligations, enforcement and extension of judgment 13.40.192 Liens cessation of certificate to another county 4.64.100 execution dockets procedure 4.64.100 when 4.64.100 discharge of by satisfaction of judgment for money only 4.56.100 domestic violence 26.50.200 enforcement of local improvement special assessments 4.16.030 expiration of 4.56.210 extension of lien prohibited 4.56.210 fines in criminal actions a lien against real property of defendant 10.64.080 logging, order of sale 60.24.190 notice of entry of verdict as 4.64.020 priority 4.64.020 personal property, commencement of 4.56.190 probate order of payment of claim 11.76.110 real property, on commencement of 4.56.200 creation of 4.56.190 duration 4.56.190 notice of, entry of verdict as, priority 4.64.020 vendor’s interest under real estate contract not included 4.56.190 vacation or modification of superior court judgments, liens preserved on modification 4.72.050 Liens upon registered land, when becomes 65.12.540 Limitation of actions on 4.16.020 Local governmental entity, execution against 6.17.080 Lost or destroyed, replacement 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.050, 5.48.051, 5.48.060, 5.48.070 Mandamus proceedings damages and costs, for 7.16.260 defined 7.16.020 peremptory mandate 7.16.260 Mediation, uniform act Ch. 7.07 Medical service liens, amount authorized 60.44.010 Mentally ill, vacation or modification of judgments against 4.72.010, 4.72.030 Minors, against 4.72.010, 4.72.030 Modification of execution docket entry 4.64.080 Modification of, See JUDGMENTS, subtitle Vacation or modification of Moral nuisances injunction proceedings 7.48.076 Mortgage foreclosure 61.12.060 Motor vehicle financial responsibility law, payment of judgment releases judgment debtor from deposit of security requirements 46.29.150 Municipal local improvement assessments foreclosure procedure 35.50.260 Nonsuits challenge to, sufficiency of evidence, on 4.56.150 effect of 4.56.120 grounds 4.56.120 Nuisances actions against places of prostitution, assignation or lewdness 7.48.090 damages or costs, executions on 7.48.250 execution of 7.48.020 voluntary abatement of prostitution, assignation, or lewdness, effect on 7.48.110 Partition proceedings 7.52.100, 7.52.110 distribution of proceeds of sale 7.52.220 liens, unsatisfied certificate of county clerk 7.52.160 existence, ascertaining of 7.52.160, 7.52.170 notice to judgment creditor on sale of property 7.52.180 priority 7.52.170 referee, appointment of 7.52.170 Partnerships judgment debtor owning interest, procedure 6.32.085 against partner execution 6.17.180 Pensions exemption from judgment for out-of-state income tax 6.13.030, 6.15.025 Personal representatives, against default judgment as evidence of assets 11.48.160 Pleading of, manner 4.36.070 Pleadings on may assess amount of recovery when jury 4.44.450 Probate default judgment as evidence of assets 11.48.160 several personal representatives considered as one 11.48.150 Prohibition proceedings damages and costs, for 7.16.320 defined 7.16.020 Property owners delinquent in assessment payments, warrants acceptable 35.45.140 Quo warranto proceedings actions to recover escheats and forfeitures 7.56.120 (2008 Ed.) JUDICIAL INFORMATION SYSTEM annulment or vacation of patent, certificate or deed 7.56.150 corporations, against 7.56.110 ouster or forfeiture 7.56.100 right to office contest 7.56.060 Real property, on affecting, filing with county auditor, notice 65.04.070 commencement of 4.56.200 conveyance, compelling real estate conveyance, attachments 6.28.080 county auditors recording notice, effect as 65.04.070 unknown heirs in property actions, effect of 4.28.160 Record of lost or destroyed, appeal time extended, when 5.48.050 replacement if lost or destroyed appeal time extended 5.48.050 hearing 5.48.040 methods 5.48.020 procedure 5.48.030 Recording of, See RECORDING AND FILING Recovery of money execution against local governmental entity 6.17.080 Referees review of decision in same manner as court decision 4.48.120 Referee’s report judgment on 4.48.090 motion for judgment on 4.48.080, 4.48.090 Registered land affected, memorial on certificate of title 65.12.445 Rendition date, abstract of judgment to contain 4.64.090 Reopening by one constructively served 4.28.200 Replevin 4.56.080 execution of final judgment 7.64.115 Reversal on appeal, eviction of judicial sale purchaser 6.21.130 Reversal tolls limitation on action of plaintiff 4.16.240 Revival of extension prohibited 4.56.210 Roll certiorari proceedings 7.16.140 Satisfaction of acknowledgments, certification and taking of by inferior judicial officers 2.28.090 by judges of superior and supreme courts 2.28.080 attached property, from insufficient property 6.25.250 proceeds from sales 6.25.240 sale under execution 6.25.240 unsatisfied execution 6.25.260 attorney’s authority 2.44.010 execution against local governmental entity requirement 6.17.080 execution docket entry 4.64.080 foreign judgments, enforcement of, uniform act 6.36.150 motor vehicle financial responsibility law, satisfaction of judgment, sufficient payment to satisfy requirements 46.29.390 payment of money only, procedure 4.56.100 specific designation required 4.56.100 state, judgments against 4.92.040 supplemental proceedings 6.32.110 Second class cities, against, power to pay 35.23.440 Securities for costs, on 4.84.240 Setoff action dismissal motion by plaintiff barred if defendant seeks set-off 4.56.120 Setoffs and counterclaims affirmative relief for defendant 4.56.075 balance due from plaintiff 4.56.070, 4.56.075 equal to plaintiff’s demand 4.56.060 executors or administrators, against 4.56.050 less than plaintiff’s demand 4.56.060 (2008 Ed.) Sheriff as a party, direction of writ 6.01.030 Shoplifting or unpaid restaurant meals, additional penalty assignment permitted 4.24.230 Small claims in district court 12.40.110 State, against interest on 4.56.115 satisfaction of without execution, payment procedure 4.92.040 Stay of execution bail forfeiture judgment 10.19.100 district courts 10.04.120 Superior courts books to be kept 36.23.030 clerk to enter 2.32.050 decisions, time limit Const. Art. 4 § 20 records to be kept 36.23.030 Supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS Supreme court clerk to enter 2.32.050 finality of as to parties 2.04.220 judgments, execution of 2.04.020 Tort claims against state copy of judgments sent to risk management office 4.92.040 payment of judgment procedure 4.92.160 stipulation for judgment against state, authority of attorney general 4.92.150 Transcripts of satisfaction or release, county auditor, duty of 65.04.060 Unknown heirs and claimants served by publication, effect of judgment on 4.28.160 Utilities and transportation commission order review by superior court 80.04.170 Vacation or modification of conditions precedent 4.72.050 consent or stipulated judgment, time limitations do not apply where grounds to vacate based on fraud or terms and conditions upon which judgment given not fulfilled 4.72.080 defendant not personally served 4.28.200 denial of costs 4.72.090 damages 4.72.090 interest on former judgment 4.72.090 judgment of 4.72.090 ejectment and quieting title actions authorized, when 7.28.260 possession, effect on 7.28.270 forfeiture judgment, vacation of if person produced 10.19.105 fraud or misrepresentation in obtaining vacation or modification, time limitation does not apply 4.72.080 ground for may be tried first 4.72.060 grounds 4.72.010 injunction to suspend proceedings 4.72.070 judgment of denial 4.72.090 liens preserved on modification 4.72.050 mentally ill 4.72.010, 4.72.030 motion for limitation of time 4.72.020 consent or stipulated judgments where grounds to vacate based on fraud or terms and conditions of judgment not carried out, no time limitation 4.72.080 permitted, when 4.72.020 service of 4.72.020 petition, by authorized, when 4.72.030 contents 4.72.030 limitation of time 4.72.030 verification of 4.72.030 reopening by one constructively served 4.28.200 rule of construction 4.72.080 securities preserved on modification of 4.72.050 valid cause or defense condition precedent 4.72.050 Validity, burden of proof 4.36.070 Variance in action to recover personal property 4.36.210 Verdicts entry of as notice of lien 4.64.020 Written judgments, rulings or decisions embodied in, exceptions need not be taken 4.80.020 JUDICIAL CONDUCT, COMMISSION ON Administrative procedure act not applicable to investigations and proceedings 2.64.092 Budgets, operating, proposed 2.64.100 Compensation 2.64.040 Confidentiality of investigations and initial proceedings 2.64.113 violations 2.64.113 Definitions 2.64.010 Disciplinary actions authorized forms 2.64.055 Disclosure of material tending to negate determination when required 2.64.096 Employment of personnel 2.64.050 Ethics judicial branch officers and employees, commission enforcement duties 42.52.370 Expenditures authorized 2.64.050 Investigations conduct occurring prior to, on, or after December 4, 1980 when related to complaint 2.64.057 Judicial branch, independent part of 2.64.120 Membership alternates 2.64.030 disqualification 2.64.030 removal 2.64.030 terms 2.64.020 limitation on 2.64.030 vacancies 2.64.030 Open public meetings application of and exemptions from act 2.64.115 Powers and duties 2.64.060 Privilege from suit 2.64.080 Public disclosure records subject to disclosure and those exempt 2.64.111 Reports to legislature 2.64.100 Rules publication in state register 34.08.020 Subpoenas powers as to 2.64.060, 2.64.070 refusal of person to obey, power of superior court 2.64.070 Suspension of judge or justice 2.64.094 Travel expenses 2.64.040 JUDICIAL DISTRICTS Population under 25,000 court reporters 2.32.220 joint reporters 2.32.230 Reporters appointment of 2.32.180 duties 2.32.200 expenses 2.32.210 qualifications 2.32.180 salaries 2.32.210 JUDICIAL IMPACT NOTES (See ADMINISTRATOR FOR THE COURTS, subtitle Judicial impact notes) JUDICIAL INFORMATION SYSTEM Electronic access to judicial information 2.68.050 Fees 2.68.010, 2.68.030 Judicial information system account 2.68.020 increase in fines, penalties, and assessments to support 2.68.040 Judicial information system committee fee schedule determination 2.68.010 user fee schedule determination 2.68.030 [RCW Index—page 413] JUDICIAL NOTICE Protection orders child custody or residential placement, prerequisites for court before granting order 26.50.135 database information required 26.50.160, 26.50.165 foreign protection order full faith and credit act Ch. 26.52 Public safety and education account to benefit 43.08.250 JUDICIAL NOTICE Administrative rules 34.05.210 Cities and towns first class cities, charters 35.22.110 Foreign laws, uniform law 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 Mortgages, economic conditions 61.12.060 Public laws of other states and territories 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 Statutes, constitutions, common law, and civil laws of other states and territories, uniform law 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 JUDICIAL OFFICERS (See also JUDGES; JUSTICES OF THE PEACE) Absence forfeits office, when Const. Art. 4 § 8 Adjournment, power of 2.28.120 Contempt, power to punish for 2.28.070 Defined 2.28.030 Disqualification of waiver 2.28.030 when 2.28.030 Fees prohibited, exception Const. Art. 4 § 13 Impeachment liability, exception Const. Art. 5 § 2 Inferior, powers 2.28.090 Oath of office Const. Art. 4 § 28 Powers of 2.28.060 Removal by legislature Const. Art. 4 § 9 Removal recommended by commission on judicial conduct Const. Art. 4 § 31 JUDICIAL RETIREMENT SYSTEM (See also JUDGES; RETIREMENT AND PENSIONS) Additional pension for more than eighteen years service 2.12.015 Adjustment of pension of retired judge or widow 2.12.037 Benefits exempt from taxation and judicial process 2.12.090 Cessation of benefits upon return to court 2.10.230 Child support orders against benefits 2.10.180, 2.12.090 Compensation 2.12.030 Computation of pension 2.12.030 Contributions refund of contributions to ineligible judge or surviving spouse 2.10.165, 2.12.048 Contributions, employee, employer 2.10.090 Coverage 2.10.040 Created 2.10.040 Death prior to retirement, procedure 2.10.144 Definitions 2.10.030 Disability retirement 2.12.020 Dissolution of marriage, court ordered payments 2.12.090 Employment after retirement 2.10.155 Funding of system 2.10.090 Group insurance premiums, deductions for 2.12.090 Hearings, See JUDICIAL RETIREMENT SYSTEM, subtitle Retirement board, hearings Judges retirement compulsory age 2.10.100 disability 2.10.120, 2.10.146 election of options 2.10.146 for service 2.10.100, 2.10.146 supplemental [RCW Index—page 414] administration of plan 2.14.040, 2.14.050 contributions 2.14.060, 2.14.090, 2.14.100, 2.14.110 administrator’s duties 2.14.080 discontinuing 2.14.115 investments and earnings 2.14.080 death of member 2.14.110 definitions 2.14.020 exempt from taxes, execution 2.14.100 funding of plan 2.14.090 judicial retirement account plan 2.14.030 judicial retirement administrative account 2.14.070 judicial retirement principal account 2.14.060 purpose 2.14.010 separation, distribution 2.14.100 Judicial retirement account act Ch. 2.14 Judicial review 2.10.200 no bond required 2.10.210 Monthly benefit minimum 2.12.045 post-retirement adjustment 2.12.046 Partial pension for less than eighteen years service 2.12.012 Pro tempore service, effect on benefits 2.10.155 Public employees’ retirement system judge members 2.10.040 Purpose 2.10.020 Retirement allowance cost-of-living adjustments 2.10.170 for disability 2.10.120, 2.10.130, 2.10.146 exemption from taxation and judicial process, dissolution of marriage, court ordered payments, exceptions 2.10.180 procedure 2.10.120 exemption from taxation and judicial process, dissolution of marriage, court ordered payments, exceptions 2.10.180 for service 2.10.110 dissolution of marriage, court ordered payments 2.10.180 exemption from taxation and judicial process 2.10.180 Retirement board abolished, transfer of powers, duties, and functions 2.10.052 duties 2.10.070 general powers and duties 2.10.070 hearings conduct 2.10.200 notice 2.10.190 prior to judicial review 2.10.190 required 2.10.190 members 2.10.070 request for appropriation from legislature 2.10.080 Retirement for age or service 2.10.100, 2.12.010 Retirement fund created, custody, contents, records 2.12.050 deductions and withdrawals 2.12.060 funding of system 2.10.090 how constituted 2.12.060 salary deductions 2.12.050 state investment board investment of 2.10.080 state treasurer duties 2.10.080 Salary, monthly deductions 2.10.090 Salary deductions 2.12.050, 2.12.060 Service after retirement 2.12.040 Short title 2.10.010 Surviving spouse benefits cost-of-living adjustments 2.10.170 exemption from taxation and judicial process 2.10.180 Surviving spouse benefits 2.12.030 Survivor’s benefits 2.10.140, 2.10.144 Suspension of benefits upon employment, exceptions 2.10.155 Transfer 2.10.040 Transfer from public employees’ retirement system 2.12.100 Transfer to system from public employees’ retirement system prior service credit 2.10.220 written request 2.10.220 JUDICIAL REVIEW (See also APPEALS) Administrative proceedings 34.05.570 Unemployment compensation interstate petitions from decisions, to be filed with Thurston county superior court 50.32.140 procedure 50.32.120, 50.32.130 JUDICIAL SALES (See also EXECUTIONS, subtitle Sales under; SALES) Acknowledgment of payment, personal property 6.21.070 Attached property 6.17.130, 6.25.240 Auction, conducted by 6.21.050 Bill of sale 6.21.070 Delivery of personal property 6.21.070 Executors and administrators, objections to confirmation by 6.21.110 Foreclosure redemption rights lost where mortgagor abandons property sheriff’s sale purchaser to take title free from redemption rights 61.12.093 Leasehold, short term 6.21.080 Notice of sale form 6.21.040 mortgage foreclosure deficiency judgment 61.12.100, 61.12.110 personal property 6.21.020 Payment, acknowledgment of, personal property 6.21.070 Personal property 6.21.050 acknowledgment of payment 6.21.070 bill of sale 6.21.070 delivery 6.21.070 payment, acknowledgment of 6.21.070 Real property 6.21.030, 6.21.040 acres, sold by 6.21.090 confirmation proceedings 6.21.110 eviction of purchaser on reversal of judgment 6.21.130 manner of selling 6.21.090 payment, certificate of sale 6.21.100 return of officer 6.21.100 sheriff’s deeds 6.21.120 sold to highest bidder 6.21.100 time and place 6.21.050 Redemption from sale agricultural lands, rents and profits 6.23.090, 6.23.110 amount to be paid 6.23.020 authorized, when 6.21.080 homesteads 6.23.110 judgment debtor redeems, effect 6.23.060 lease, short term is absolute sale 6.21.080 lien of purchaser, payment of 6.23.020 notice requirements during redemption period 6.23.030 payment on successive redemption 6.23.070 possession during redemption period 6.23.110 priority to redeem 6.23.070 procedure 6.23.080 real estate brokers, listing, sales, proceeds distribution 6.23.120 redemption, defined 6.23.010 rents and profits 6.23.090 unexpired lease 6.23.110 right to redeem 6.23.070 sheriff’s deed authorized, when 6.23.060 successive redemptions 6.23.040 time allowed for 6.23.020 value for use and occupation during period of redemption 6.23.090 waste during period of conduct not constituting 6.23.100 restraining of 6.23.100 who may redeem 6.23.010 (2008 Ed.) JURIES AND JURORS Redemption sale, redemption rights lost where property abandoned, sheriff’s sale purchaser to take title free from redemption rights 61.12.093 Vendor’s interest 6.21.080 JUNK DEALERS (See PAWNBROKERS AND SECOND-HAND DEALERS) JUNK VEHICLES (See MOTOR VEHICLES, subtitle Junk vehicles) JUNKYARDS Adjacent to highways abatement 47.41.070 acquisition of property by department 47.41.040 definitions 47.41.020 legislative declaration 47.41.010 other laws not affected 47.41.060 prohibited, exceptions 47.41.030 public nuisances abatement 47.41.070 nonconforming 47.41.010 regulations 47.41.050 review 47.41.050 screening 47.41.040 United States secretary of transportation, agreements with 47.41.080 violations, penalty 47.41.070 JURIES AND JURORS Action for forcible entry detainer, priority 59.12.130 Actions for recovery of specific personal property, verdict on 4.44.420 Additional jurors, summoning of 2.36.130 Admonitions to 4.44.280 Allowing juror to leave jury room, penalty 9.51.030 Assessment of amount of recovery, actions to recover money or setoff 4.44.450 Care of while deliberating 4.44.300 Challenge for cause 4.44.120 Challenges to jurors cause, for defined 4.44.150 general effect 4.44.150 grounds 4.44.160 kind of challenge 4.44.130 particular actual bias defined 4.44.170 grounds 4.44.190 effect 4.44.150 implied bias defined 4.44.170 grounds 4.44.180 kind 4.44.170 denials of oral denials authorized, procedure 4.44.250 trial of 4.44.230, 4.44.240 either party may challenge 4.44.130 exceptions to oral exceptions authorized, procedure 4.44.250 trial of 4.44.230, 4.44.240 individual jurors, to 4.44.130 joinder by parties in challenge 4.44.130 kinds cause, for 4.44.130 peremptory 4.44.130 oral challenges authorized 4.44.250 procedure 4.44.250 order of taking 4.44.220 peremptory defined 4.44.140 how taken 4.44.210 kind of challenge 4.44.130 number allowed 4.44.130 order of taking challenges 4.44.220 referees not subject to 4.48.050 Charging, duty of judge Const. Art. 4 § 16 (2008 Ed.) Communicating with person in charge permitting, penalty 9.51.030 Coroner’s inquest, See CORONERS, subtitle Inquests Coroner’s jury, See JURIES AND JURORS, subtitle Jury of inquest Costs fees taxable as 4.44.110 state reimbursement of counties 2.36.150 Court recess while jury is out 4.44.350 Courts of limited jurisdiction jury management activities 2.36.052 selection of 2.36.050 Criminal cases allowing to leave jury room, penalty 9.51.030 communicating with juror 9.51.030 criminally insane instructions on 10.77.040 district courts 10.04.050 fees amount of 10.46.190 convicted person liable for 10.46.190 grand jury, See GRAND JURY insanity cases, instructions to 10.77.040 reconsideration of verdict 10.61.060 right of accused to impartial jury Const. Art. 1 § 22 view of place of crime permissible 10.58.080 waiver of permitted except in capital cases 10.01.060 Definitions 2.36.010 Demonstration of any kind in or near residence of, obstructing justice, penalty 9.27.015 Diking district’s improvement proceedings, general provisions 85.05.120 Discharge of challenge to sufficiency of evidence sustained 4.56.150 disagreement 4.44.330 effect 4.44.290 on receiving verdict 4.44.460 without verdict effect 4.44.340 when 4.44.330 District courts 3.66.010 criminal procedure demand for 10.04.050 District judges civil procedure demand for jury trial 12.12.030 discharge upon disagreement 12.12.090 fee 12.12.030 oath 12.12.070 qualifications 12.12.030 Electronic data processing to compile source list 2.36.063 Electronic data processing to list and select jurors 2.36.063 Eminent domain, generally Const. Art. 1 § 16 Eminent domain by corporations waiver of for ascertaining compensation Const. Art. 1 § 16 Eminent domain proceedings Const. Art. 1 § 16 Evidence addressed to, when 4.44.090 Excusable persons 2.36.110 Excusable persons, assignment to another term 2.36.100 Excused, expense payments 2.36.150 Expense of keeping 4.44.310 Expense payments 2.36.150 Fact questions to be decided by jury 4.44.090 Failure to appear, penalty 2.36.170 Fees costs taxable as 4.44.110 criminal proceedings amount of 10.46.190 convicted person liable for 10.46.190 district judges, civil actions 12.12.030 supplemental proceedings 6.32.270 taxable as costs 4.44.110 Food and lodging expense of 4.44.310 sheriff to provide 4.44.310 Forcible entry and detainer 59.12.130 Grand jury depositions, disclosure of, penalty 9.51.060 disclosing transactions, penalty 9.51.050 expense payments 2.36.150 generally 10.27.080, 10.27.090, 10.27.100, 10.27.140, 10.27.150 jurors acting after challenge allowed, penalty 9.51.040 on order of superior court Const. Art. 1 § 26 prosecuting attorney, special deputies 36.27.040 secretary, appointment of 10.27.070 transcript of testimony, disclosure of, penalty 9.51.060 Grand jury, See also GRAND JURY coroner’s inquest, See CORONERS, subtitle Inquests inquests, See CORONERS, subtitle Inquests Hung jury, when 4.44.330 Illness of jurors discharge of jury without verdict, because of 4.44.330 Impanelling of misconduct, penalty 9.51.010 procedure 4.44.120 Injunctions against obscene materials, jury trial 7.42.030 Instruction to harmless error disregarded 4.36.240 legal holidays, giving on 2.28.100 Intimidating a juror defined 9A.72.130 Jury box misconduct of officer drawing, penalty 9.51.010 Jury fees, taxable cost, as 4.44.110 Jury lists selection of jurors, state policy 2.36.080 Jury of inquest duty 36.24.040 expense payments 2.36.150 penalty for nonattendance 36.24.030 verdict 36.24.070 Jury room, allowing juror to leave jury room, penalty 9.51.030 Jury service excusable persons, assignment to another term 2.36.100 expense payments 2.36.150 failure to appear, penalty 2.36.170 leave of absence from employment, discrimination prohibited 2.36.165 qualifications 2.36.070 state policy on 2.36.080 summons to persons selected 2.36.095 time of juror service 2.36.093 Jury term excusable persons, assignment to another term 2.36.100 length and number of terms 2.36.093 state policy on 2.36.080 summons to persons selected to serve 2.36.095 Kinds of juries 2.36.020 Leave of absence from employment, discrimination prohibited 2.36.165 Legal holiday requests for instructions 2.28.100 verdict received on 2.28.100 Licensed drivers and identicard holders, expanded source list created from 2.36.054, 2.36.057 Master jury list 2.36.054, 2.36.055, 2.36.057, 2.36.063, 2.36.0571 Mentally ill, ground for challenging of 4.44.160 Misconduct of officer drawing, penalty 9.51.010 Municipal court 35.20.090 Number of jurors 4.44.120 in courts not of record Const. Art. 1 § 21 district judges civil procedure 12.12.030 [RCW Index—page 415] JURISDICTION number necessary for verdict Const. Art. 1 § 21 Oaths 4.44.260 district court civil actions 12.12.070 Per diem and expenses, payment by county 36.01.060 Peremptory challenges, See JURIES AND JURORS, subtitle Challenges to jurors Petit jury justice court, expense payments 2.36.150 superior court, expense payments 2.36.150 Picketing or parading in or near residence of, obstructing justice by, penalty 9.27.015 Polling of 4.44.390 Qualifications 2.36.070, 2.36.072 Random selection, judge’s duty 2.36.065 Referees may not preside over jury trial 4.48.010 waiver of right to jury trial, written 4.48.010 Refreshments, person in charge permitting, penalty 9.51.030 Religious freedom, not incompetent because of religious opinion Const. Art. 1 § 11 Rendering verdict number necessary for Const. Art. 1 § 21 number who must agree in civil actions 4.44.380 procedure 4.44.360, 4.44.370, 4.44.380 Replacement of jurors during trial, effect 4.44.290 Residence of demonstration of any kind in or near, obstructing justice, penalty 9.27.015 picketing or parading in or near, obstructing justice by, penalty 9.27.015 use of sound-truck or similar device in or near, obstructing justice by, penalty 9.27.015 Right of trial by remains inviolate Const. Art. 1 § 21 waiver in civil cases may be had Const. Art. 1 § 21 Right to trial by mandatory arbitration 7.06.070 Selection of jurors additional jurors, summoning of 2.36.130 assignment areas 2.36.055 courts of limited jurisdiction 2.36.050 electronic data processing to list and select jurors 2.36.063 excusable persons 2.36.110 excusable persons, assignment to another term 2.36.100 expense payments 2.36.150 failure to appear, penalty 2.36.170 leave of absence from employment, discrimination prohibited 2.36.165 length and number of terms, time of juror service 2.36.093 master jury list 2.36.054, 2.36.055, 2.36.057, 2.36.063, 2.36.0571 qualifications 2.36.070 random selection, judge’s duty 2.36.065 source list 2.36.054, 2.36.055, 2.36.057, 2.36.0571 state policy on 2.36.080 summons to persons selected 2.36.095 unfit persons must be excused from jury service 2.36.110 Solicitation of jury duty, penalty 9.51.020 Source list 2.36.054, 2.36.055, 2.36.057, 2.36.063, 2.36.0571 Special inquiry judge, criminal investigations, evidence, subpoenas to witnesses 10.27.140 Supplemental proceedings fees 6.32.270 jury trial allowed, when 6.32.270 prohibited, when 6.32.260 Trial by jury municipal courts 35.20.090 number of jurors in courts not of record Const. Art. 1 § 21 right to Const. Art. 1 § 21 [RCW Index—page 416] in criminal action Const. Art. 1 § 22 remains inviolate Const. Art. 1 § 21 waiver in civil cases Const. Art. 1 § 21 verdict by less than twelve may be authorized in civil cases Const. Art. 1 § 21 waiver of in civil case Const. Art. 1 § 21 criminal proceedings 10.01.060 eminent domain compensation Const. Art. 1 § 16 Trial by jury, See also TRIALS, subtitle Jury trials Trial of issues of fact, when tried by 4.40.060, 4.40.070 Unfit persons must be excused from jury service 2.36.110 not incompetent because of religious qualifications Const. Art. 1 § 11 Use of sound-truck or similar device in or near residence of, obstructing justice by, penalty 9.27.015 Venue, change of jury from another county 10.25.140 Verdicts, See VERDICTS View of place of crime permissible 10.58.080 premises by procedure 4.44.270 Waiver for ascertaining compensation in eminent domain Const. Art. 1 § 16 criminal proceedings 10.01.060 JURISDICTION Acquired, when 4.28.020 Action to be brought where defendant resides 4.12.025 Actions to be commenced where subject matter is situated 4.12.010 Actions to be tried in county where cause arose 4.12.020 Alien insurers 48.05.215 Auburn general depot, civil and criminal jurisdiction of state preserved 37.08.260 Banks and trust companies judicial review of administrative proceedings 30.04.475 Certiorari, exceeding jurisdiction as grounds for 7.16.040 Change of, venue, transfer of jurisdiction 4.12.090 Child custody, multistate proceedings Ch. 26.27 Child custody jurisdiction act Ch. 26.27 Civil actions Auburn general depot, jurisdiction of state preserved 37.08.260 Indians, jurisdiction of state over Ch. 37.12 migratory bird preserves, jurisdiction of state preserved 37.08.230 military reservations, land acquired from county 37.16.180 national forests, jurisdiction of state preserved 37.08.220 Olympic National Park, jurisdiction of state preserved 37.08.210 Rainier National Park, jurisdiction of state preserved 37.08.200 Compulsory school attendance law, court jurisdiction 28A.225.090 Contracts, out-of-state residents or nonresidents, contracting within state submits to state jurisdiction 4.28.185 Convictions, jurisdiction required 10.01.050 Corporations residence of for purposes of 4.12.025 County park and recreation district commissioners 36.69.260 Court commissioners 2.24.040 Court of appeals generally 2.06.030, 4.80.030 improper filing, effect 2.06.030 Court to which venue is changed 4.12.090 Court without, ground for demurrer objection by answer, when 4.32.070 Courts agreed cases, over 4.52.010 exceeding, grounds for certiorari 7.16.040 implied powers 2.28.150 Courts of limited jurisdiction traffic infractions process, issuance 46.63.130 Criminal actions Auburn general depot, jurisdiction of state preserved 37.08.260 district courts 3.66.060 felonies, jurisdiction of superior court as to 2.08.010 Indians, jurisdiction of state as to Ch. 37.12 migratory bird preserve, jurisdiction of state preserved 37.08.230 misdemeanors, jurisdiction of superior court as to 2.08.010 national forest, jurisdiction preserved 37.08.220 necessary for conviction 10.01.050 Olympic National Park, jurisdiction preserved 37.08.210 persons amenable to criminal statutes 9A.04.070 persons liable to punishment 9A.04.030 Rainier National Park, criminal jurisdiction preserved 37.08.200 United States military reservation acquired from county 37.16.180 District courts certiorari 7.16.040 civil actions and proceedings 3.66.020 criminal actions fisheries code violations 3.66.060 equity jurisdiction Const. Art. 4 § 6 ne exeat 7.44.060 public nuisance abatement 9.66.040 writ of prohibition, jurisdiction prohibited 7.16.300 District judges acquired, when 12.04.130 municipal courts, effect upon 35.20.910 small claims department 12.40.010 Divorce actions jurisdiction of superior courts over 2.08.010 Domestic corporation without officer in state upon whom process can be served 4.28.090 Ejectment and quieting title actions 7.28.010 Equity, superior courts jurisdiction concerning 2.08.010 Equity jurisdiction Const. Art. 4 § 6 Escheats, lands distributed to state, jurisdiction and supervision 11.08.220 Exceeding, grounds for certiorari 7.16.040 Federal land, cession of jurisdiction Const. Art. 25 § 1 Felonies, superior court jurisdiction 2.08.010 Fiduciaries, investment of trust funds by, jurisdiction of court 11.100.040 Forcible entry and detainer, superior courts 2.08.010, 59.12.050 Gambling cities and towns which adopt state gambling law, concurrent jurisdiction, inferior and superior courts 9.46.193 Gambling commission, proceedings against 9.46.095 Garnishment, justice courts and superior courts, state and political subdivisions, as to 6.27.040 Guardianship transfer of jurisdiction and venue 11.88.130 Homestead exemption contest of validity 6.13.070 Indians, state jurisdiction, assumption of Ch. 37.12 Inferior courts Const. Art. 4 § 10, Const. Art. 4 § 12 Injunctions 7.40.010 obscene materials 7.42.010 Insurance contracts (2008 Ed.) JUSTICES OF THE PEACE liquidation mergers and rehabilitation 48.31.190 provisions regarding 48.18.200 with state, submits resident or nonresident to state jurisdiction 4.28.185 Insurers alien insurers 48.05.215 Investment of trust funds, jurisdiction of court 11.100.040 Judges, implied powers 2.28.150 Justice and inferior courts traffic infractions process, issuance 46.63.130 Justices of the peace legislature may fix Const. Art. 4 § 10 writ of prohibition, jurisdiction prohibited 7.16.320 Juvenile court 13.04.030 Juvenile offenses (crimes) 13.40.060 Labor disputes, generally 49.32.050 Landlords and tenants, residential 59.18.050 Migratory bird preserve, jurisdiction of state preserved 37.08.230 Military reservations of United States, cession of jurisdiction by state 37.16.180 Motor vehicles control of traffic on capitol grounds 46.08.170 law generally 46.08.190 traffic infractions 46.63.040 Municipal airports 14.08.330 Municipal courts 35.20.030 concurrent jurisdiction with justices of the peace 35.20.250 superior courts over ordinances adopting state gambling law 9.46.193 National forest, civil and criminal jurisdiction of state preserved 37.08.220 Obscene materials, injunctions against 7.42.010 Olympic National Park, civil and criminal jurisdiction of state preserved 37.08.210 Out-of-state residents or nonresidents acts submitting person to state jurisdiction 4.28.185 Park and recreation district commissioners 36.69.260 Perjured unsworn certified written statement, committed out of state 10.25.065 Placement of delinquent children, interstate compact 26.34.060 Pleading as to judgment 4.36.070 Probate proceedings superior courts 2.08.010 unclaimed estates, court retains jurisdiction 11.76.247 Public nuisance abatement procedure 9.66.040 Rainier National Park, civil and criminal jurisdiction of state preserved 37.08.200 Residential landlords and tenants act 59.18.050 Sales representatives and principals contractual relationship between personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 Small claims department 12.40.010 State, actions against state 4.92.010, 4.92.090 State land, acquisition by United States, cession of jurisdiction 37.04.020 Superior courts Const. Art. 27 § 10 appellate delineated 2.08.020 divorce actions 2.08.010 equity 2.08.010 equity jurisdiction Const. Art. 4 § 6 felonies 2.08.010, Const. Art. 4 § 6 original jurisdiction 2.08.010 felonies 2.08.010 writs returnable to from supreme court 2.04.010 Superior courts, See also SUPERIOR COURTS, subtitle Jurisdiction Supplemental proceedings 6.32.240 joint debtors, against 6.32.210 Supreme court appellate jurisdiction 2.04.010 (2008 Ed.) limitation on 2.04.010 improper filing, effect 2.06.030 original and appellate jurisdiction Const. Art. 4§4 original jurisdiction 2.04.010 writs 2.04.010 Third party defendants in district courts, removal to acquire 4.14.010 Third party defendants in justice courts, removal to acquire 4.14.030, 4.14.040 Traffic control on state capitol grounds, jurisdiction over 46.08.170 Traffic infractions 46.63.040 Uniform interstate family support act Ch. 26.21A United States land acquired from county by donation, cession of state jurisdiction 37.16.180 over reserved lands Const. Art. 25 § 1 veterans hospitals concurrent federal and state jurisdiction 37.08.280 Venue, See VENUE JURORS (See JURIES AND JURORS) JUSTICE AND INFERIOR COURTS (See also DISTRICT COURTS) Actions, damages, five thousand dollars of less, attorneys’ fees as costs 4.84.300 Administrator for the courts act, application of 2.56.080 Annual conference of judges judges’ expenses 2.56.060 Application of act 3.30.020 County legislative authorities validation of prior action and organization 3.74.940 Damage actions, five thousand dollars of less, attorneys’ fees as costs 4.84.300 Gambling concurrent jurisdiction over city ordinances which adopt the state gambling law 9.46.193 Jurisdiction gambling, city and town ordinances which adopt the state gambling law 9.46.193 traffic infractions 46.63.040 Municipal departments courts concurrent jurisdiction 35.20.250 jurisdiction, infringement upon 35.20.190 Traffic infractions jurisdiction 46.63.040 process, issuance of 46.63.130 JUSTICES Supreme court power to grant writ 7.36.040 JUSTICES OF THE PEACE (See also DISTRICT JUDGES) Adjournment, power of 2.28.120 Administrator for the courts assignment to other districts by chief justice, duty to obey 2.56.040 expenses while under assignment 2.56.070 requests for information 2.56.050 Annual conference of judges judges’ expenses 2.56.060 Appeals from superior court Const. Art. 4 § 6 Attachments bond amount 6.25.080 Complaints, requisites of 12.08.020 Contempt punishment power 2.28.020 Court of record, prohibited Const. Art. 4 § 11 Crimes relating to, using unfit or improper language, penalty 42.20.110 Disqualification 2.28.030 Duties to be prescribed by legislature Const. Art. 4 § 10 Fees not to receive fees when Const. Art. 4 § 10 Garnishment deposits in court plaintiff to make 6.27.060 enforcement against state and political subdivisions 6.27.040 jurisdiction as to state and political subdivisions 6.27.040 personal property statement concerning in application for writ 6.27.060 state and public corporations, jurisdiction as to 6.27.040 writs of garnishment application for, fee 6.27.060 issuance 6.27.070 service 6.27.070 Inferior courts provided by legislature Const. Art. 4 § 1 Judgments garnishment, See JUSTICES OF THE PEACE, subtitle Garnishment Judicial officers defined 2.28.030 disqualification of 2.28.030 waiver 2.28.030 when 2.28.030 Juries, See also JUSTICES OF THE PEACE, subtitle Jury trial Jurisdiction legislature may prescribe Const. Art. 4 § 10, Const. Art. 4 § 12 writ of prohibition, jurisdiction prohibited 7.16.320 Jury trial number of jurors Const. Art. 1 § 21 Legal holidays adjournment 2.28.110 court closed 2.28.100 judicial business prohibited, exceptions 2.28.100 Legislature to determine number Const. Art. 4 § 10 prescribe powers, duties, jurisdiction and number Const. Art. 4 § 10 Municipal courts jurisdiction, infringement upon 35.20.190 Night court municipal courts, night court department 35.20.020 Nuisances, warrant of abatement, justice of the peace not to issue, transfer to superior court 7.48.260 Number, legislature to determine Const. Art. 4 § 10 Oaths, power to administer 2.28.010 Pleadings, civil actions setoffs reply to 12.08.020 Police justices in cities, may be chosen from Const. Art. 4 § 10 Powers in conduct of judicial proceedings 2.28.010 Process service of, See JUSTICES OF THE PEACE, subtitle Service of process and papers Removal to superior court, third party defendants attached property, custody during 4.14.040 authorized, when 4.14.010 custody of attached property 4.14.040 filing petition for 4.14.020 grounds for 4.14.010 joint claims, effect 4.14.010 notice of petition for 4.14.020 order 4.14.030 petition for 4.14.020 procedure for 4.14.020 process upon 4.14.030 removal 4.14.030 Salaries affidavit of compliance with administrator for the courts, salary withheld until 2.56.040 cities of over 5000 population Const. Art. 4 § 10 increase authorized, when Const. Art. 30 § 1 [RCW Index—page 417] JUSTIFIABLE HOMICIDE Sessions, failure of, pending actions 2.28.130 Superior court appellate power over Const. Art. 4 §6 Traffic infractions process, issuance of 46.63.130 Trials jury trials, See JUSTICES OF THE PEACE, subtitle Jury trial Vacancy in office dockets, transfer of pending actions 2.28.130 Venue change of, prejudice, for 3.20.100 JUSTIFIABLE HOMICIDE Defined as homicide 9A.32.010 Private person 9A.16.050 Public officer 9A.16.040 JUSTIFICATION Libel and slander 4.36.130 Ne exeat, bond covering damages and costs 7.44.021 Nuisances, sureties on bond to stay warrant of abatement 7.48.040 Sureties adverse claims to property levied on 6.19.040 JUVENILE CORRECTIONAL FACILITIES (See CORRECTIONAL FACILITIES) JUVENILE COURT Administration 13.04.035 Administrator of fines, collection of 13.04.040 fingerprinting of juveniles, authorization by 10.98.050 health and dental examination and care consent, by administrator or staff 13.04.047 interpreters for non-English speaking persons 13.04.043 Appeals 13.04.033 Board of managers in class AA counties compensation 13.20.050 organization 13.20.030 powers and duties 13.20.040 terms of office, removal, vacancies 13.20.020 Board of managers in counties with one million or more in population 13.20.010 Board of visitation 13.04.180 Civil or traffic infraction cases 13.40.250 Commitment petition for 13.34.040 support during judgment of, enforcement of, time limitation 13.34.161 parent or guardian, enforcement of support from 13.34.160 Compulsory attendance juvenile court jurisdiction 28A.225.035 Contempt nonappearance when summoned 13.34.070 Correctional facilities, See also CORRECTIONAL FACILITIES, subtitle Juveniles Counsel for child appointment 13.34.100 County executive transfer of administration of court services to executive 13.20.060 Crisis residential centers, See JUVENILES, subtitle Crisis residential centers Delinquent or dependent children, judgment of not deemed conviction of crime 13.04.240 Dependency cases civil contempt of court 13.34.165 jurisdiction of court 13.34.155 permanency annual report 13.34.820 placement of child 13.34.134 plan of care 13.34.136 placement 13.34.142 status review, hearing 13.34.138 Detention educational program 13.04.145 [RCW Index—page 418] places of appointment and compensation of persons in charge of 13.04.040 appointment of persons to take charge of 13.04.040 board of visitation to inspect 13.04.180 counties authorized to provide 13.16.040 board of managers of facilities and services of counties with one million or more in population 13.20.010 bond issue for authorized 13.16.070 budgeted funds, allocation for 13.16.080 debt limitations may be exceeded 13.16.060 federal and state aid 13.16.050 private donations 13.16.050 counties to provide 13.04.135 motion pictures, unrated, R, X, or NC-17 films not to be shown 13.16.100 racial disproportionality, annual report on programs to reduce 13.06.050 Disposition orders alternatives 13.34.130 Disposition standards and security guidelines, published in state register 34.08.020 Financial responsibility for costs of detention, enforcement of support 13.16.085 Financial responsibility for dependent child support 13.34.160 Guardian liability of guardian for support 13.34.161 Guardian ad litem appointment 13.34.100, 13.34.102 duties 13.34.105 fees 13.34.108 immunity 13.34.105 information access 13.34.105 removal, cause 13.34.107 Hearings proceedings 13.34.110 public excluded, conditions 13.34.115 records 13.34.115 social study and reports 13.34.120 summary proceedings 13.34.070 Holding facilities, juveniles not to be confined in adult facilities 13.04.116 Improvement program, family and juvenile court 2.56.220, 2.56.230 Informational materials on laws and court procedures, administrator for the courts to develop 2.56.130 Interpreters for non-English speaking youth and families 13.04.043 Interstate compact on juveniles Ch. 13.24 Judgments modification 13.34.150 support of child, enforcement and time limitation 13.34.161 Jurisdiction 13.04.030, 13.34.155 delinquent juvenile, when 13.40.300 eighteenth birthday 13.40.300 Juvenile as both dependent and as offender 13.04.300 Juvenile court advisory board duties 13.20.060 Law regarding, application to juvenile institution 72.05.210 Laws and court processes and procedures, administrator for the courts to develop informational materials on 2.56.130 Motor vehicle traffic records to be provided to by department 46.20.293 Necessity for detention, inquiry of court into 13.16.085 Offenders collection and reporting of information on 2.56.031 consolidated juvenile services application for state aid 13.06.040 computation of state aid 13.06.050 purpose 13.06.010 rules and regulations, governing, adoption by department of social and health services 13.06.030 state aid to counties for 13.06.020 disparity in disposition of cases 13.40.430 interpreters for non-English speaking persons 13.04.043 motor vehicle theft adjudicated 13.40.305, 13.40.308 Orders modification 13.34.150 Parental rights enforcement of dependent child support payments 13.34.160 Petitions commitment of child, petition for 13.34.040 Probation counselors appointment 13.04.040 compensation 13.04.040 expenses, how paid 13.04.050 powers and duties 13.04.040 Records exchange with school districts notification of parents and students 28A.600.475 Released from state institutions county housing authority authority to operate group homes or halfway houses 35.82.285 Schools and school districts attendance violation petitions, report 2.56.140 case disposition notification 13.04.155 truancy, petition to court 28A.225.030, 28A.225.035 Sexual offenses involving children admissibility of child’s statement regarding 9A.44.120 Statutory authority for adjudication and disposition of judicial offenders 13.04.450 Summons failure to obey, contempt 13.34.070 issuance 13.34.070 service 13.34.080 Support during detention, liability for, enforcement of 13.16.085 Support for dependent child, enforcement 13.34.160 Suspension, deferral of sentence prohibited 9.92.200 Termination of parent-child relationship 13.34.130, 13.34.132, 13.34.136 Traffic or civil infraction cases 13.40.250 Traffic school of city or town and county, court may compel attendance at 46.83.050 Traffic violations driving while license is suspended or revoked 46.20.342 records, department to provide 46.20.293 Youth courts, programs 13.40.580, 13.40.590, 13.40.600, 13.40.610, 13.40.620, 13.40.630, 13.40.640 JUVENILE DETENTION FACILITIES (See JUVENILE COURT, subtitle Detention) JUVENILES (See also CHILDREN; GUARDIAN AND WARD; MINORS) Abuse of DSHS staff training 26.44.220, 26.44.230 Administrator of juvenile court appointment of probation counselors and detention personnel 13.04.040 fines, collection 13.04.040 health and dental examination and care consent, by administrator or staff 13.04.047 probation counselor, and detention services appointment 13.04.035 facilities inspection of 13.04.037 standards, adoption 13.04.037 responsibilities 13.04.035 Adult criminal prosecution 13.40.110 (2008 Ed.) JUVENILES Alcohol, firearms, and drug violations, driving privileges, revocation and reinstatement 13.40.265 Arrest of parolee by parole officer 13.40.210 Assault on juvenile corrections staff member transfer of juvenile to department of corrections, procedure 13.40.280 At-risk youth court review of disposition 13.32A.198 entitlement to services not created by chapter 13.32A.300 family services and programs to be administered to benefit 43.20A.780 nonoffender at-risk children and their families Ch. 13.32A orders failure to comply as civil contempt 13.32A.250 petition for child in need of services acceptance by court 13.32A.205 court action 13.32A.160 hearings 13.32A.170 Indian children, required notice 13.32A.152 service on parents 13.32A.152 petition in interest of acceptance by court 13.32A.205 court procedure 13.32A.194 disposition hearing 13.32A.196, 13.32A.197 petition by parent 13.32A.191 prehearing procedure 13.32A.192 Attorney general duties in juvenile court 13.04.093 Basic juvenile court act definitions 13.04.011 juvenile court commissioner, jurisdiction 13.04.021 how constituted 13.04.021 trial without jury 13.04.021 Child, defined 13.04.011 Child welfare services records or information, disclosure 74.13.042 Commitment delinquent juvenile commitment of beyond age twenty-one years prohibited 13.40.300 jurisdiction after eighteenth birthday 13.40.300 inapplicability of statute to chapter 13.40.400 juvenile offender basic training camp program 13.40.320 Community facilities community placement oversight committees, establishment and duties 72.05.415 department duties 72.05.420 infraction policy 72.05.405 law enforcement notification of placement decisions 72.05.415 placement and supervision of juveniles, requirements 72.05.430 placement conditions for certain offenders 72.05.435 student records and information to ensure proper placement 72.05.425 violations by juveniles, toll-free hotline for reporting 72.05.410 Community facility establishment and operation public notification and participation 72.05.400 Community juvenile accountability programs effectiveness standards 13.40.530 establishment proposals, guidelines 13.40.510 grants 13.40.520 information collection and reporting 13.40.540 purpose 13.40.500 Confinement release date setting 13.40.210 security guidelines at juvenile facilities, report 13.40.030 Conservation corps, See CONSERVATION CORPS Contempt of court dependency cases 13.34.165 families in conflict 13.32A.250 (2008 Ed.) Correctional facilities, See CORRECTIONAL FACILITIES, subtitle Juveniles County juvenile detention facilities detention and risk assessment standards 13.40.038 policy, humane, safe, and rehabilitative 13.40.038 Court, defined 13.04.011 Crimes bail jumping 13.40.040 definitions 13.40.020 inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 juvenile justice act of 1977 Ch. 13.40 prosecution 13.40.070 Crimes, See also JUVENILES, subtitle Offenses (crimes) Crimes relating to inhaling toxic fumes penalty 9.47A.050 Crisis residential centers annual records, contents 74.13.035 duties of center 13.32A.090 establishment, requirements 74.13.032 inter-center transfers for appropriate treatment supervision and structure to the child 74.13.034 licensing eligibility 74.13.035 multidisciplinary teams formation and duties 13.32A.042 purpose and authority 13.32A.044 placement of child by law enforcement officer procedure 13.32A.050, 13.32A.060 regulation of leave 13.32A.030 reimbursement or compensation, limitation 74.13.0321 removal from 74.13.033 resident’s conduct, services available 74.13.033 secure detention facility placement, when 74.13.034 unauthorized leave 74.13.033 unauthorized leave, notification 13.32A.095 Custodial interference custody of children by law enforcement officer 13.34.055 shelter care placement of child 13.34.060 Custodian, defined 13.04.011 Custody cost of support treatment and confinement, obligation and enforcement of payment 13.40.220 dependency proceedings sexual contact evidence admissible 9A.44.120 dependent children counsel for child, appointment 13.34.100 guardian ad litem, appointment 13.34.100 Indian child welfare act 13.34.040, 13.34.070 order for grounds 13.34.050 order modification 13.34.150 permanency planning 13.34.145 petition to court 13.34.040 review hearings 13.34.145 support payments 13.34.160 grounds 13.40.040 hearings, release of information 13.50.100 law enforcement officer takes child into custody detention 13.32A.065 liability, limited 13.34.055 person with whom child is placed 13.32A.070 procedure 13.32A.050, 13.32A.060, 13.34.055 shelter care 13.34.055 leaves authorized 13.40.205 plan and order notice 13.40.205 order for upon issuance of summons 13.40.100 parole 13.40.210 public employee liability, limited 13.34.055 reduction of in-residence population, early releases to achieve 13.40.210 release administrative 13.40.210 date 13.40.210 notice 13.40.205 secure facilities 13.32A.130 shelter care 13.34.060, 13.34.062, 13.34.065, 13.34.069, 13.34.092 transfer to department of corrections 13.40.280, 13.40.285 Custody in someone other than parent costs of support, treatment, and confinements, liability for 13.40.220 Deferred disposition 13.40.127 Definitions bail jumping 13.40.040 child 13.04.011 court 13.04.011 custodian 13.04.011 diversion agreements 13.40.080 juvenile 13.04.011 juvenile offender 13.04.011 juvenile offense 13.04.011 offenses (crimes) 13.40.020 parent or parents 13.04.011 youth 13.04.011 Delinquent, See JUVENILE COURT; JUVENILES, subtitle Crisis residential centers Delinquents, delinquency, construed to mean offenders, offenses 13.40.240 Dependency proceedings child welfare proceedings placement, documentation 13.34.400 negligent treatment, maltreatment DSHS initiated proceedings 26.44.195 rights of parties 13.34.090, 13.34.096 summons 13.34.080 summons and hearing 13.34.070 therapeutic court 26.12.250 Dependent children child welfare proceedings placement, documentation 13.34.400 civil contempt of court 13.34.165 counsel for child, appointment 13.34.100 custody detention order and summons 13.34.070 Indian child welfare act 13.34.040, 13.34.070 law enforcement officer takes into custody 13.34.055 order 13.34.050 petition to court 13.34.040 summons and service 13.34.080 support payments 13.34.160 definitions 13.34.030 evaluation of parties 13.34.370 family, integrity of, statutory recognition, rights of child 13.34.020 guardian ad litem 13.34.102 guardian ad litem, appointment 13.34.100 guardianship court order contents 13.34.232 foster care payments, right of guardian to receive 13.34.234 grounds 13.34.231 modification 13.34.233 parental preferences 13.34.236 powers and duties of guardian 13.34.232 qualifications for guardian 13.34.236 review exemption 13.34.235 termination 13.34.233 [RCW Index—page 419] JUVENILES guardianship for dependent child who may petition for 13.34.230 guidelines 13.34.350 newborn, transfer 13.34.360 permanency planning 13.34.145 preferences when placing Indian child in foster care home 13.34.250 review hearings 13.34.145 rights of parties 13.34.090, 13.34.096 services, coordination 13.34.025 services, description 13.34.094 shelter care 13.34.060 support payments, judgment for 13.34.161 termination of parental rights alcohol or substance abuse evaluation and treatment breach of court-ordered treatment 13.34.174 violation of conditions 13.34.176 termination of parent-child relationship failure to send juvenile to school relevant to neglect petition 13.34.300 health care, evaluation and treatment 13.34.315 no parent remaining, custody 13.34.210 order for, grounds 13.34.190 petition for, grounds 13.34.180 petition to reinstate 13.34.215 rights of parties upon 13.34.200 summons and hearing 13.34.070 tribal records given effect 13.34.240 visitation policy and protocols development 13.34.380 petition for visitation 13.34.385 Detention bail fee 13.40.056 disposition order confinement in detention facility 13.40.185 escapees arrest warrant issuance 13.40.045 grounds 13.40.040 hearing 13.32A.065 probation bond or collateral, posting, modification, or revocation 13.40.054 procedures 13.40.050 Detention facilities education programs for juvenile inmates in adult correctional facilities Ch. 28A.193 educational program 28A.190.010 local sales and use tax for facilities and jails 82.14.350 motion pictures unrated, R, X, or NC-17 films not to be shown 13.16.100 Detention services administration 13.04.035 facilities inspection 13.04.037 standards, adoption of 13.04.037 Developmentally disabled out-of-home placement 13.34.270 permanency planning hearing 13.34.270 Disposition standards and security guidelines, published in state register 34.08.020 Diversion agreements 13.40.080 costs of services, payment responsibility 13.40.085 interpreters, provision when required in hearings and negotiations 13.40.080 plain language required 13.40.080 prosecutor’s decision 13.40.070 victims to be notified of referral of juvenile to a diversion unit 13.40.070 Driving privileges affected by alcohol, drug, firearms violations, revocation and reinstatement 13.40.265 Drugs violations, revocation and reinstatement of driving privileges 69.41.065 Emancipation of minors decree of emancipation, notation of status 13.64.050 eligibility to petition 13.64.010 [RCW Index—page 420] forms for petition 13.64.080 hearing on petition 13.64.040 petition, contents and filing fee 13.64.020 power and capacity of emancipated minors 13.64.060 service of petition and notice of hearing 13.64.030 voiding of fraudulent declaration 13.64.070 Erotic material distribution or sale to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080 misrepresentation of age for purposes of securing 9.68.080 Families in conflict procedure for, See JUVENILES, subtitle Juvenile court, families in conflict, procedures for Family and children’s ombudsman, office of Ch. 43.06A Family law commissioner power and authority 13.04.021 Family reconciliation services Ch. 13.32A availability for child in out-of-home placement 13.32A.100 department responsibilities 74.13.036 Family services alternative response system Ch. 74.14D Fingerprinting authorization by juvenile court administrator 10.98.050 Firearms violations, revocation and reinstatement of driving privileges 13.40.265 Gang and drug-involved juvenile offenders, transitional treatment program for 13.40.310 Harboring definition 13.32A.080 removal by law enforcement officer 13.32A.050 Health and dental examination and care consent, by administrator or staff 13.04.047 Hearings families in conflict 13.32A.200 out-of-home placement 13.32A.200 Holding facilities, juveniles not to be confined in adult facilities 13.04.116 Inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 Jurisdiction 13.40.060 court commissioners 13.04.021 Jury, cases tried without 13.04.021 Justice system, care, custody, treatment, departmental responsibility 74.13.036 Juvenile, defined 13.04.011 Juvenile accountability incentive account 13.40.560 Juvenile court administration of 13.04.035 detention facilities inspection 13.04.037 standards, adoption 13.04.037 administrator appointment 13.04.035 detention facilities inspection 13.04.037 standards, adoption 13.04.037 responsibilities 13.04.035 appeals 13.04.033 child sexual assault information identifying victims of juvenile offenders is confidential 13.50.050 court commissioner’s jurisdiction 13.04.021 dependent children custody support payments 13.34.160 guardianship foster care payments 13.34.234 order to establish 13.34.232 parental preferences 13.34.236 qualifications for guardian 13.34.236 preferences when placing Indian child in foster care home 13.34.250 tribal records given effect 13.34.240 detention facilities inspection 13.04.037 standards, adoption, review 13.04.037 diversion agreements 13.40.080 costs of services, payment responsibility 13.40.085 interpreters, provision when required in hearings and negotiations 13.40.080 youth courts, programs 13.40.580, 13.40.590, 13.40.600, 13.40.610, 13.40.620, 13.40.630, 13.40.640 duty of attorney general 13.04.093 duty of prosecuting attorney 13.04.093 families in conflict, procedure for detention, hearing 13.32A.065 duty to inform parents of child’s whereabouts 13.32A.090 hearings public excluded 13.32A.200 time or place 13.32A.200 interstate compact on juveniles to apply, when 13.32A.110 maximum hours of custody 13.32A.130 maximum time of custody of child 13.32A.050 orders, noncompliance, penalty 13.32A.250 out-of-home placement 13.32A.100 agreement to continue 13.32A.120 child in need of services petition 13.32A.152 child in need of services petition, procedure 13.32A.150 court action upon filing of petition 13.32A.160 court order 13.32A.180 hearings, denial or approval 13.32A.170 Indian children, required notice 13.32A.152 order, limitation and termination 13.32A.190 petition, procedure 13.32A.140 support contribution by parents 13.32A.175 parental rights, duty to inform 13.32A.090 secure facility admissions 13.32A.130 sheltering minor without consent, prohibited 13.32A.080 taking child into custody person with whom placed immunity from liability 13.32A.070 family law commissioner 13.04.021 family reconciliation act at-risk youth orders, failure to comply as civil contempt 13.32A.250 at-risk youth petition acceptance by court 13.32A.205 court procedure 13.32A.194 court review of disposition 13.32A.198 disposition hearing 13.32A.196, 13.32A.197 petition by parent 13.32A.191 prehearing procedure 13.32A.192 definitions 13.32A.030 entitlement to services not created by chapter 13.32A.300 orders failure to comply as civil contempt 13.32A.250 scope of services 13.32A.040 semi-secure facilities, regulation of leave from 13.32A.030 guardianship for dependent child who may petition for 13.34.230 how constituted 13.04.021 jurisdiction 13.04.030 jury, cases tried without 13.04.021 juvenile as both dependent and as offender 13.04.300 (2008 Ed.) JUVENILES keeping and release of records, See JUVENILES, subtitle Records, keeping and release by juvenile agencies offenses (crimes) prosecution proceedings disposition suspensions, deferrals, prohibited 9.92.200 prosecuting attorney, as a party to proceedings, election to participate 13.40.090 records expungement rights 13.50.150 restitution orders 13.40.080 sexual assault of child information identifying victims of juvenile offenders is confidential 13.50.050 termination of parent-child relationship failure to cause juvenile to attend school relevant to neglect petition 13.34.300 traffic or civil infraction cases 13.40.250 traffic violations, records forwarded to license department 13.50.200 trial without jury 13.04.021 Juvenile court act in cases relating to dependency of a child and the termination of a parent and child relationship Ch. 13.34 Juvenile crime 43.121.150 Juvenile disposition standards commission abolished, powers and duties transferred to sentencing guidelines commission 13.40.005 assumption of powers and duties by sentencing guidelines commission 9.94A.850 Juvenile justice act of 1977 suspensions, deferral of sentence, prohibited 9.92.200 Juvenile offense, defined 13.04.011 Learning and life skills grant program for courtinvolved youth Ch. 13.80 Legal fees for services by publicly funded counsel financial responsibility 13.40.145 Mental health treatment inpatient admission, procedure 13.34.320, 13.34.330, 13.34.340 Misrepresentation of age for purposes of securing erotic material, penalty 9.68.080 Missing and exploited children, task force on 13.60.100, 13.60.110, 13.60.120 Motor vehicle traffic records, to be provided to parents and guardians 46.20.293 Offenders at-risk sex offenders treatment, expenditure of funds for treatment of sexually aggressive youth 74.13.075 basic training camp program 13.40.320 chemical dependency disposition alternative 13.40.165 children and family services act blended funding projects 74.14A.060 treatment family unit to be included 74.14A.040 nonresidential community-based care 74.14A.030 collection and reporting of information on 2.56.031 community juvenile accountability programs effectiveness standards 13.40.530 establishment proposals, guidelines 13.40.510 grants 13.40.520 information collection and reporting 13.40.540 purpose 13.40.500 community-based care, nonresidential children and family services act 74.14A.030 consolidated juvenile services state payments, calculation, limitation 13.06.050 counseling services 72.05.170 (2008 Ed.) crime victim’s compensation, penalty assessment to support 7.68.035 defined 13.04.011 disparity in disposition of cases 13.40.430 disposition records, provision to schools 13.50.160 employment or volunteer positions with juveniles, eligibility 72.05.440 family unit as part of treatment 74.14A.040 felony convictions, placement 72.01.410 jail confinement, segregation from adult offenders 72.01.415 juvenile accountability incentive account 13.40.560 juvenile facilities, designation and management Ch. 72.05 medical assistance, released from confinement 74.09.515 mental health disposition alternatives 13.40.167 mental institution, transfer 71.05.525 motor vehicle theft adjudicated 13.40.305, 13.40.308 parental right to provide treatment 72.05.200 placement of certain offenders in community facilities 72.05.435 residential group homes, policy for use 72.05.435 sexual misconduct by state employees or contractors 13.40.570 sexually aggressive youth treatment, expenditure of funds 74.13.075 student records and information, release 13.40.480 transitional treatment program for gang and drug-involved juvenile offenders 13.40.310 treatment family unit to be involved 74.14A.040 nonresidential community-based care 74.14A.030 youth courts, programs 13.40.580, 13.40.590, 13.40.600, 13.40.610, 13.40.620, 13.40.630, 13.40.640 Offenses (crimes) bail jumping 13.40.040 child sexual assault information identifying victims of juvenile offenders is confidential 13.50.050 community supervision or confinement violations of conditions, penalty 13.40.200 complaints diversion 13.40.070 firearms special allegation 13.40.196 probation counselor, responsibilities 13.40.070 prosecuting attorney screening, purpose 13.40.070 confinement commitment beyond age twenty-one prohibited 13.40.300 firearms possession, length of confinement and community supervision 13.40.193 juvenile offender basic training camp program 13.40.320 leaves authorized 13.40.205 plan and order notice 13.40.205 ranges, limitations 13.40.030 reduction of in-residence population, early releases to achieve 13.40.210 release administrative 13.40.210 notice 13.40.205 release date setting 13.40.210 transfer to department of corrections 13.40.280 costs of support, treatment, and confinements, liability for 13.40.220 custody bail 13.40.040 bail fee 13.40.056 bail jumping 13.40.040 detention procedures 13.40.050 grounds for 13.40.040 probation bond or collateral, posting, modification, or revocation 13.40.054 release, conditions 13.40.050 deferred disposition 13.40.127 definitions 13.40.020 detention commitment beyond age twenty-one prohibited 13.40.300 escapees, arrest warrant issuance 13.40.045 juvenile offender basic training camp program 13.40.320 disposition order confinement in detention facility 13.40.185 restitution 13.40.190 disposition records, provision to schools 13.50.160 diversion agreements 13.40.080 costs of services, payment responsibility 13.40.085 interpreters, provision when required in hearings and negotiations 13.40.080 firearms special allegation, armed in commission of offense 13.40.196 firearms possession driving privileges, revocation and reinstatement 13.40.265 length of confinement and community supervision 13.40.193 information, filing of 13.40.070 jurisdiction 13.40.060 decline hearing transfer for adult criminal prosecution 13.40.110 when held 13.40.110 learning and life skills grant program Ch. 13.80 legal fees for services by publicly funded counsel financial responsibility 13.40.145 legal financial obligations, enforcement and extension of judgment 13.40.192 multiple offenses, consecutive terms, limitation 13.40.180 parole 13.40.210 intensive supervision program 13.40.210, 13.40.212 penalty assessments 13.40.198 prosecuting attorney, as a party to proceedings, election to participate 13.40.090 prosecuting standards equal application 13.40.0351 prosecution proceedings admissibility of evidence 13.40.140 confinement, costs of, support payment enforcement 13.40.220 custody parole requirements 13.40.210 release date 13.40.210 disposition 13.40.130 appeal 13.40.160 appeals from 13.40.230 minor or first offenders 13.40.160 multiple offenses, consecutive terms, limitation 13.40.180 sentencing ranges 13.40.160 serious offenders 13.40.160 sex offenders special disposition alternative 13.40.160 diversion agreements 13.40.080 firearms special allegation 13.40.196 hearings, time and place 13.40.120 judicial rights 13.40.140 jurisdiction 13.40.060 multiple offenses, consecutive terms, limitation 13.40.180 parole officers, arrest authority 13.40.210 pleading 13.40.130 privilege against self-incrimination 13.40.140 [RCW Index—page 421] JUVENILES probation counselor as prosecuting authority 13.40.090 responsibilities of 13.40.070 prosecuting attorney as a party 13.40.090 responsibilities of 13.40.070 prosecuting authority 13.40.090 right to counsel 13.40.140 sentencing standards 13.40.130 subpoena power 13.40.140 summons contents 13.40.100 order of detention 13.40.100 service 13.40.100 transfer for adult criminal prosecution 13.40.110 venue 13.40.060 verdicts 13.40.130 recommended prosecuting standards for charging and plea dispositions 13.40.077 records, keeping, release, or destruction by juvenile agencies 13.50.050 referral of juveniles to mediation or victim offender reconciliation programs 13.40.070 rehabilitation programs administration by department of social and health services 13.40.460 restitution orders 13.40.080, 13.40.190 sentencing guidelines equal application 13.40.0351 sentencing standards 13.40.0357 sex offenders emergency or medical leave notice requirements 13.40.215 escape notice requirements 13.40.215 parole 13.40.210 release of information concerning authorization 13.40.217 release or transfer notice requirements 13.40.215 school attendance, may not attend school attended by victim 13.40.215 sexual assault of child information identifying victims of juvenile offenders is confidential 13.50.050 sexual motivation special allegation 13.40.135 stalking emergency or medical leave notice requirements 13.40.215 escape notice requirements 13.40.215 release or transfer notice requirements 13.40.215 student records and information, release 13.40.480 summons order of detention 13.40.100 procedure 13.40.100 service 13.40.100 transfer for adult criminal prosecution, when 13.40.110 transfer to department of corrections 13.40.285 venue 13.40.060 victims to be notified of referral of juvenile to a diversionary unit 13.40.070 violent offenders emergency or medical leave notice requirements 13.40.215 escape notice requirements 13.40.215 release or transfer notice requirements 13.40.215 Out-of-home care social study, contents 74.13.065 Out-of-home placement child in need of services petition acceptance by court 13.32A.205 approval or denial 13.32A.170 court action 13.32A.160 filing 13.32A.140, 13.32A.150 Indian children, required notice 13.32A.152 [RCW Index—page 422] service on parents 13.32A.152 contempt of court 13.32A.250 costs of support, treatment, and confinements, liability for 13.40.220 court order 13.32A.180 disposition hearing and court order 13.32A.179 disposition plan 13.32A.170 disposition plan, limitation and termination 13.32A.190 fact-finding hearing 13.32A.170 family reconciliation services available 13.32A.100 hearings 13.32A.200 notification duties of crisis residential center 13.32A.090 petition filing 13.32A.120 support contribution by parents 13.32A.175, 13.32A.177, 13.32A.178 Parent and child dependent children court order, grounds 13.34.050 custody order modification 13.34.150 support payments 13.34.160 petition to court 13.34.040 family, integrity of, statutory recognition, rights of child 13.34.020 termination of parent-child relationship no parent remaining, custody 13.34.210 order for, grounds 13.34.190 petition 13.34.145 petition for, grounds 13.34.180 petition to reinstate 13.34.215 rights of parties 13.34.200 summons and hearing 13.34.070 voluntary adoption plan 13.34.125 Parent or parents, defined 13.04.011 Parental school facilities 72.05.300, 72.05.310 Parole officers, power of arrest 13.40.210 Photographing and fingerprinting juvenile court administrator, authority to order 43.43.735 Privileged communications 5.60.060 Probation counselor services administration 13.04.035 diversion agreements, contracts with private agencies 13.04.040 predisposition studies 13.04.040 probation counselors 13.04.040 Prosecuting attorney duties in juvenile court 13.04.093 Prosecuting standards charging and plea dispositions 13.40.077 equal application 13.40.0351 Prosecution 13.40.070, 13.40.080, 13.40.090, 13.40.100, 13.40.110, 13.40.120, 13.40.140 firearms special allegation 13.40.196 Records, keeping and release by juvenile agencies applicable scope 13.50.250 conditions when filing petition or information 13.50.010 confidential records, expunging 13.50.150 definitions 13.50.010 disposition records, provision to schools 13.50.160 duties 13.50.010 juvenile offense records, maintenance, release, or destruction of 13.50.050 motor vehicle operation violations 13.50.200 records other than for juvenile offenses, maintenance and release 13.50.100 student records, release 13.40.480 Rehabilitation facilities motion pictures unrated, R, X, or NC-17 films not to be shown 13.16.100 Rehabilitation programs administration by department of social and health services 13.40.460 state quality assurance program 13.40.468 Reinvesting in youth program account 13.40.466 generally 13.40.462 guidelines 13.40.464 Residential facilities protection of vulnerable youth from sexually aggressive youth 13.40.470 sexual misconduct by state employees or contractors 13.40.570 Rights of child 13.34.020 Runaway hotline 74.13.039 Runaway youth law enforcement duty to identify and place information 13.32A.086 policy manual of statutes regarding 43.101.300 School attendance by sex offender 13.40.215 Secure facilities procedure 13.32A.130 Semi-secure facility leave, conditions, notice 13.32A.030 placement of child by law officer 13.32A.050 Sentencing chemical dependency disposition alternative 13.40.165 commitment beyond age twenty-one prohibited 13.40.300 confinement in detention facility 13.40.185 consecutive terms 13.40.180 disposition hearing 13.40.150 disposition order procedure 13.40.160 violation of order 13.40.200 firearms possession length of confinement and community supervision 13.40.193 juvenile offender basic training camp program 13.40.320 mental health disposition alternatives 13.40.167 penalty assessments 13.40.198 procedure 13.40.130 ranges of confinement, limitations 13.40.030 restitution violation of order 13.40.200 sentencing guidelines equal application 13.40.0351 sentencing standards 13.40.0357 Sex offenders release of information concerning authorization 13.40.217 sexually aggressive youth treatment, expenditure of funds 74.13.075 Sexually aggressive youth protection of vulnerable youth committed to residential facilities 13.40.470 Sexually transmitted disease, treatment of minors, parental consent not required 70.24.110 Shelter care 13.34.060, 13.34.062, 13.34.065, 13.34.069 placement by law enforcement officer 13.34.055 Sheltering liability, immunity when notice provided 13.32A.084 notification requirements 13.32A.082 State identification number state patrol to furnish 10.98.080 Statute administration, consistency required 43.20A.770 Statutory authority for adjudication and disposition of judicial offenders 13.04.450 Traffic charges, records, disclosure 46.20.293 Traffic or civil infraction cases 13.40.250 Traffic violations records sent to department of licenses 13.50.200 youth court Ch. 3.72 Transfer to department of corrections 13.40.280, 13.40.285 Transitional living programs for youth in process of being emancipated 74.13.037 (2008 Ed.) LABOR Transitional treatment program for gang and drug-involved juvenile offenders 13.40.310 Vulnerable youth residential facility commitment, protection from sexually aggressive youth 13.40.470 Witnesses bail 10.16.150 Youth, defined 13.04.011 Youth employment and conservation act, See UNEMPLOYMENT COMPENSATION, subtitle Youth employment and conservation act K-20 EDUCATION NETWORK (See EDUCATION) KAYAKS (See WHITEWATER RAFTING) KEGS (See BEER) KIDNAPPING Definitions 9A.40.010 First degree 9A.40.020 Offender registration 9A.44.130, 9A.44.140, 9A.44.145, 43.43.540, 70.48.470 notice to defendant 10.01.200 notice to offender at release 72.09.330 Persons punishable 9A.04.030 Release of information regarding offenders public agencies and officials, authorization and immunity 4.24.550 Second degree 9A.40.030 Unlawful imprisonment Ch. 9A.40 KIDNEY DIALYSIS Business and occupation tax exemption 82.04.4289 Drugs in facilities, allowed 18.64.257 Hemodialysis technicians, task force 18.135.062 Prescription drugs dispensed to patients 69.41.032 KINDERGARTENS All-day, voluntary 28A.150.315 Establishment and maintenance first class districts’ authority 28A.330.100 KING, MARTIN LUTHER School holiday 28A.150.050 KING COUNTY Boundaries, tracing of 36.04.170 Echo Glen correctional institution Ch. 72.19 Hotel-motel tax state convention and trade center, Seattle Ch. 67.40 Sports franchises, restrictions on special hotelmotel tax revenue 67.28.184, 67.40.110 Stadium and exhibition center, See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES Superior court judges, number of 2.08.061 KINSHIP Degree of, computation of for purposes of descent and distribution 11.02.005 KITSAP COUNTY Boundaries, tracing of 36.04.180 Superior court judges, number of 2.08.062 KITTITAS COUNTY Boundaries, tracing of 36.04.190 Superior court judges, number of 2.08.062 KLICKITAT COUNTY Boundaries, tracing of 36.04.200 Superior court judges, number of 2.08.064 KNIVES (See WEAPONS) KNOWLEDGE Defined, for Criminal Code 9A.08.010 KOSHER FOOD PRODUCTS Consumer protection act, application 69.90.030 Definitions 69.90.010 Misrepresentation 69.90.020 Violations 69.90.030 (2008 Ed.) KRAFT MILLS (See PULP AND PAPER MILLS) LABELS Agricultural commodities Washington state grown, restrictions on use for labeling or advertising 15.04.410 Alcoholic beverages malt liquor 66.28.120 spirits 66.28.100 wine 66.28.110 Beverage containers, filing of name and marks 19.76.100 Blind made products, requirements 19.06.010 Controlled substances, See DRUGS Cosmetics, labeling requirements 69.04.680 Egg products 69.25.100 Food, drug, and cosmetic act Ch. 69.04 Honey, labeling requirements Ch. 69.28 Misleading labeling or false advertising, how determined 69.04.016 Poisons caustic or corrosive poisons, labeling, packaging, and sale Ch. 69.36 requirements 69.40.055 Poultry products, labeling requirements 69.04.245, 69.04.333, 69.04.335 Prescription drugs, labeling requirements 69.41.050 Turkeys, grade labeling 69.04.334 LABOR (See also EDUCATIONAL EMPLOYMENT RELATIONS ACT; EMPLOYER AND EMPLOYEES) Age discrimination 49.44.090, 49.60.205 Agriculture, See AGRICULTURAL LABOR Apprentices minimum wage, exceptions for 49.46.060 Apprentices, See also APPRENTICES Arbitration of disputes arbitration compensation and expenses 49.08.040 board of arbitration finality of findings 49.08.010 selection 49.08.010 chairman of the public employment relations commission, duties 49.08.010, 49.08.020 director of labor and industries, duties 49.08.050 expenses 49.08.040, 49.08.060 procedure 49.08.020 publicity to statements of parties 49.08.050 service of process 49.08.030 Arbitration of disputes, See also ARBITRATION AND AWARD, subtitle Labor disputes Association of employees, See LABOR UNIONS Blacklisting, See LABOR, subtitle Prohibited practices Bribery of labor representative, See LABOR, subtitle Prohibited practices Broadcasting industry employees noncompetition agreements 49.44.190 Casual, defined for purposes of unemployment compensation 50.04.270 Child labor laws violations of, appeals to director 49.12.400 violations of, civil penalties and restraining orders 49.12.390 violations of, criminal penalties 49.12.410 violations of, remedies in chapter are exclusive 49.12.420 Children, See also LABOR, subtitle Minors Collective bargaining minimum wage law, effect 49.46.110 not unemployed during period covered by agreement 50.04.310 policy 49.32.020 promises and undertakings, contrary 49.32.030 public employees, See PUBLIC OFFICERS AND EMPLOYEES, subtitle Collective bargaining rights of, not affected 49.12.187 Compressed air work air chambers 49.24.130 air plant 49.24.160 electric power requirements 49.24.170 enforcement 49.24.070 exhaust valves 49.24.110 explosives and detonators 49.24.150, 49.24.220 fire prevention 49.24.120 inspection 49.24.180 lighting appliances 49.24.100 locks 49.24.140 medical and nursing attendants 49.24.030 penalty for violations 49.24.060 physical examination of employees 49.24.040 pressure, defined 49.24.010 safety requirements 49.24.020 Compressed air work, See also LABOR, subtitle Underground work Concert of action injunction, effect on granting 49.32.060 Conditions of employment generally Ch. 49.12 women and minors 49.12.020 workers 49.12.020 Construction liens acts of coercion 60.04.035 application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 60.04.904 application of proceeds 60.04.181 assignment of lien 60.04.121 attorneys’ fees 60.04.181 bond in lieu of claim 60.04.161 claim of lien community interest, effect on 60.04.211 designation of amount due on each piece of property 60.04.131 recording of notice of, time limits, and contents 60.04.091 recording of notice of claim, requirements and fee 60.04.111 separate residential units, time for filing against 60.04.101 contractor registration required to establish lien 60.04.041 definitions 60.04.011 duration of lien, procedural limitations 60.04.141 financial encumbrances, priorities 60.04.226 foreclosure of liens, parties and procedure 60.04.171 frivolous claims, procedure to seek dismissal 60.04.081 lenders, notice to 60.04.221 lien authorized 60.04.021 material exempt from process 60.04.201 notice of right to claim lien, requirements and exceptions 60.04.031 personal action on debt preserved 60.04.191 prime contractor, duty to make information available to suppliers, subcontractors, or professionals 60.04.261 priority of liens 60.04.061 promissory note, effect of taking 60.04.191 property subject to lien 60.04.051 rank of lien 60.04.181 release of lien rights 60.04.071 rights of owner, recovery options 60.04.151 withholding of funds 60.04.221 County improvement claims 36.45.040 Day labor, county road and bridge construction 36.77.065, 36.77.070 Dental care assistance plans requirements 49.64.040 Discharging employee because of garnishment unlawful, exception 6.27.170 Discrimination age 49.44.090 apprentices and apprenticeship programs 49.04.100, 49.04.110, 49.04.120, 49.04.130 [RCW Index—page 423] LABOR employment agencies 49.60.200 wage differential due to sex 49.12.175 Discrimination, See also DISCRIMINATION Diseased persons, See DISEASES Disputes arbitration, See LABOR, subtitle Arbitration of disputes defined 49.32.110 definition of for purposes of injunction 49.32.110 employee replacement by out-of-state persons 49.44.100 injunctions generally Ch. 49.32 grounds for 49.32.072, 49.36.015 hearings and findings 49.32.072 policy 49.32.020 injunctions for, See LABOR, subtitle Injunctions replacement of employees 49.44.100 seasonal laborers, settlement, generally 49.40.040, 49.40.050, 49.40.060 unemployment compensation effect on 50.20.090 Employee benefit plans deductions for 49.52.010, 49.52.020, 49.52.030, 49.52.040 dental care assistance plans 49.64.040 enforcement of employer’s contribution 49.52.010 generally 49.64.010, 49.64.020, 49.64.030 Employees collective bargaining, rights of not affected 49.12.187 employer’s records 49.12.050 personnel files inspection by employee authorized 49.12.240 erroneous or disputed information 49.12.250 limitations 49.12.260 wages, exceptions to minimum scale 49.12.110 Employment agencies, See EMPLOYMENT AGENCIES Employment contracts, remedy for violation 49.36.020 Extrahazardous employment legislature to protect persons in Const. Art. 2 § 35 service benefits, deductions for 49.52.030 False pretenses to secure employment, See LABOR, subtitle Prohibited practices Family leave Ch. 49.78 Family leave insurance Ch. 49.86 Farm labor contractors, See FARM LABOR CONTRACTORS Garnishment, discharging employee because of unlawful, exception 6.27.170 Genetic screening prohibited 49.44.180 Grafting by employees, See LABOR, subtitle Prohibited practices Hazardous employment, legislature to protect persons in Const. Art. 2 § 35 Hazardous work, See LABOR, subtitle Extrahazardous employment Health and safety, See LABOR, subtitle Safeguards; LABOR AND INDUSTRIES, DEPARTMENT OF, subtitle Industrial safety and health Health care activities actions for relief from unfair labor practices 49.66.070 arbitrators, compensation, expenses 49.66.120 bargaining units 49.66.030 definitions 49.66.020 picketing 49.66.060 policy 49.66.010 procedures 49.66.080 remedial orders 49.66.070 strikes 49.66.060 unfair labor practices 49.66.040, 49.66.050 [RCW Index—page 424] Health maintenance organization coverage for employees labor dispute individual may pay on own to keep coverage 48.46.360 Hearings 49.12.101 Hospitals, See LABOR, subtitle Health care activities Hours of labor cities and towns, employees of, generally 49.28.010, 49.28.040 counties generally 49.28.010, 49.28.040 official officers 36.16.100 domestic employees 49.28.080 eight hour day 1889 Act generally 49.28.010 1903 Act contracts cancellation for violations 49.28.050 stipulation in 49.28.060 policy 49.28.040 health care facility employees 49.28.130, 49.28.140, 49.28.150 longshoremen 49.28.100 minimum wages, generally Ch. 49.46 motor freight carrier employees 81.80.211 state employees, generally 49.28.010, 49.28.040 street railway employees 81.64.160 wages for, See SALARIES AND WAGES Industrial insurance, See INDUSTRIAL INSURANCE Industrial relations labor and industries department, powers and duties 43.22.270 supervisor of industrial relations, authority 43.22.260 Industrial safety and health, See INDUSTRIAL SAFETY AND HEALTH Industrial welfare definitions 49.12.005 exemptions from chapter 49.12.185 Injunctions appellate review 49.32.080 complaints 49.32.073 concert of action, effect of 49.32.060 contempt proceedings 49.32.090, 49.32.100 disputes, definition of 49.32.110 findings and orders 49.32.074 generally Ch. 49.32 grounds for 49.32.072, 49.36.015 hearings and findings 49.32.072 policy 49.32.011, 49.32.020 promises and undertakings, unenforceable 49.32.030 security, filing of 49.32.072 temporary orders 49.32.072 Inventions disclosure at time of employment 49.44.150 employee’s rights, conditions 49.44.140 Investigation information, furnished to director 49.12.091 Investigation of wages, hours and working conditions 49.12.041 Kick-back of wages, See SALARIES AND WAGES, subtitle Rebates of wages Labor and materials public works, liens 60.28.010 Labor disputes, See LABOR, subtitle Disputes Learners minimum wage, exceptions for 49.46.060 Lie detector tests, requiring of employee or prospective employee, unlawful, penalty, exception 49.44.120 Lie detector tests of employees civil penalty and damages, attorney fees 49.44.135 Lockouts unemployment compensation 50.20.090 annual report 50.62.040 Migrant, See LABOR, subtitle Seasonal Minimum hour law, See LABOR, subtitle Hours of labor Minimum wages, See SALARIES AND WAGES, subtitle Minimum wages Minimum wages and working conditions penalty for violations 49.12.170 rules 49.12.091 Minors actors or performers, permits and variances 49.12.124 child labor laws violations of, civil penalties and restraining orders 49.12.390 dangerous employment 26.28.070 generally Ch. 49.12 house to house sales by definitions 49.12.320 employment advertisements, requirements and prohibitions 49.12.310 registration of employers 49.12.300 rule-making authority 49.12.330 immoral employment 26.28.070 information program, department of labor and industries duties 49.12.380 minimum ages for employment, exceptions 26.28.060 work permits required 49.12.123 Minors, employment of child labor laws, violations of, appeals to director 49.12.400 child labor laws, violations of, criminal penalties 49.12.410 child welfare laws, violations of, remedies in chapter are exclusive 49.12.420 Minors, See also LABOR, subtitle Women and minors Minors, wages and working conditions, special rules, work permits 49.12.121 Nursing homes, See LABOR, subtitle Health care activities Organization of employees, See LABOR UNIONS Overtime compensation 49.46.130 Prohibited practices acceptance of bribes 49.44.030 age discrimination 49.44.090 blacklisting 49.44.010 bribery of labor representatives 49.44.020 discrimination employers 49.60.180 labor unions 49.60.190 discrimination, See also DISCRIMINATION, subtitle Unfair practices employment, securing by false pretenses 49.44.040 employment agents corrupt influencing 49.44.060 fraud 49.44.050 endangering life by refusal to labor 49.44.080 generally Ch. 49.44 health care activities 49.66.040, 49.66.050 replacement of employees involved in labor disputes 49.44.100 Public employees, personnel resources board to promulgate rules concerning determination of appropriate bargaining unit and concerning agreements between agencies and the bargaining unit 41.06.150 Public employees’ retirement system, elected officials of labor guild, association, or organization becoming member 41.40.363 Public employment labor relations, See PUBLIC EMPLOYMENT LABOR RELATIONS Public utility district employees, collective bargaining rights extended to 54.04.170, 54.04.180 Railroad employees, See RAILROADS, subtitle Employees Rebate of wages, See SALARIES AND WAGES, subtitle Rebates of wages Restraining orders, See LABOR, subtitle Injunctions Safeguards (2008 Ed.) LABOR AND INDUSTRIES, DEPARTMENT OF factories Const. Art. 2 § 35 Safety, See INDUSTRIAL SAFETY AND HEALTH Seasonal advances on contracts 49.40.020, 49.40.030 contracts for, requirements 49.40.020 definition 49.40.010 disputes, determination by department of labor and industries appeals 49.40.070 findings and awards as evidence 49.40.080 generally 49.40.040, 49.40.050, 49.40.060 temporary worker housing health and safety regulation Ch. 70.114A wage questions 49.40.040 Sex differential, discrimination 49.12.175 Sick leave care of family member 49.12.265, 49.12.270, 49.12.287 child care 49.12.275, 49.12.280, 49.12.285, 49.12.290, 49.12.295 Special certificate or permit 49.12.110 Street railway employees, See STREET RAILWAYS, subtitle Employees Strikes unemployment compensation 50.20.090 Underground electrical systems 49.24.340, 49.24.360 Underground work cages and hoisting apparatus 49.24.290, 49.24.300 caissons requirements 49.24.260, 49.24.270, 49.24.280 code of signals 49.24.250 electrical systems 49.24.330 employees riding or walking, prohibited practices 49.24.190 explosives 49.24.220, 49.24.230, 49.24.240 lights 49.24.320, 49.24.350 oil supply 49.24.210 penalty for violations 49.24.380 rules and regulations, duty of department of labor and industries to make 49.24.370 safety requirements, enumeration 49.24.080 telephone systems 49.24.310 vehicles, speed of 49.24.200 Underground work, See also LABOR, subtitle Compressed air work Unemployment compensation, See UNEMPLOYMENT COMPENSATION Unfair business practices, labor organizations exempt 19.86.070 Unions, See LABOR UNIONS Variance orders 49.12.105 Vocationally handicapped, director of labor and industries to provide for employment of 39.12.022 Volunteer labor to state or local governmental agency, nominal compensation not deemed salary 49.46.065 Voting time to be provided 49.28.120 Wages actions to recover, attorneys fees 49.48.030 assignment of claims bond may be required 49.48.060 penalty for failure to pay claim 49.48.060 authorized deductions or withholding 49.48.010 complaints of noncompliance 49.12.140 employee ceasing work, payment 49.48.010 exceptions to minimum scale 49.12.110 recovery by civil action 49.12.150 violations, penalty 49.48.020 vocationally handicapped, exempt from prevailing wage rate, procedure 39.12.022 wage claims, penalty for failure to pay 49.48.060 Wages, See also SALARIES AND WAGES, subtitle Wages Wearing apparel, employer obligations to furnish 49.12.450 Witnesses protection 49.12.130 (2008 Ed.) Women and minors callings open to men, also open to women 49.12.200 conditions of employment 49.12.020 employer’s record 49.12.050 equal pay for equal work 49.12.175 wages 49.12.020 Women in industry division workers 49.12.020 Workers, wages 49.12.020 Workers’ compensation, See INDUSTRIAL INSURANCE Working conditions 49.12.020 LABOR AND INDUSTRIES, DEPARTMENT OF Agricultural labor safety standards, establishment and adoption, limitation and requirements 49.17.041 unemployment insurance duties of department 49.30.005 violations of chapter civil infraction, authority to issue and enforce 49.30.040 Amusement rides, safety regulations Ch. 67.42 Apprenticeship, supervisor of, on-the-job training agreements and projects, promotion of 49.04.080 Apprenticeship council generally 49.04.010 on-the-job training agreements and projects, advice and guidance by 49.04.080 Apprenticeship council, See also APPRENTICES Arbitration generally Ch. 49.08 Arbitration, See also ARBITRATION AND AWARD, subtitle Labor disputes Asbestos projects fire cleanup, asbestos sites, policy and procedure, power to establish 49.26.120 Boiler inspections generally 70.79.100, 70.79.110, 70.79.120 special inspectors 70.79.130, 70.79.140, 70.79.150, 70.79.160 Branch offices 43.17.050 Building and construction safety inspection services supervisor, appointment and authority 43.22.053 Carnivals, safety regulation of rides Ch. 67.42 Charter boats, regulation of boats operating on state waters Ch. 88.04 Chemically related illness centers for research and clinical assessment 51.32.360 research projects, implementation and funding 51.32.370 Child labor laws information program, departmental duties 49.12.380 violations of, appeals to director 49.12.400 violations of, civil penalties and restraining orders 49.12.390 violations of, criminal penalties 49.12.410 violations of, remedies in chapter are exclusive 49.12.420 Claims, insolvency, priority 49.56.040 Combined city and county municipal corporations public employee retirement or disability benefits not affected 36.65.060 Conditions of employment, duties of department Ch. 49.12 Construction liens informational materials, master documents 60.04.250 Contractor bonds actions on service of process 48.05.200 Contractors, registration requirements and department duties Ch. 18.27 Created 43.17.010 Crime victims’ compensation generally Ch. 7.68 transfer of funds from department of corrections 72.09.095 Director appointment 43.17.020 assistant directors, authority to appoint 43.22.005 chief assistant director 43.17.040 deputy directors, authority to appoint 43.22.005 hearings, public works contractor falsifying certificate as to hourly rate paid, prohibitions, when 39.12.050 minimum wage law, duty to notify employers 49.46.140 oath 43.17.030 powers and duties 43.17.030 vacancy filling of 43.17.040 vocationally handicapped, provide for employment of, exempt from prevailing wage rates, procedure 39.12.022 Divisions enumerated 43.22.010 Electrical apparatus use and construction rules Ch. 19.29 Electrical board, advisory duties to department 19.28.311 Electrical installations arbitration of disputes between municipalities and state 19.28.021 standards and rules, adoption 19.28.031 Electricians and electrical installations, department powers and duties Ch. 19.28 Elevators, lifting devices, and moving walks administration and rulemaking authority 70.87.030 Ergonomics 49.17.360, 49.17.370 Explosives access, authorization 70.74.160 annual inspection 70.74.150 funds, management 70.74.013 licenses dealers 70.74.130 manufacture 70.74.110 storage 70.74.120, 70.74.140 storage, reports on 70.74.120 Explosives, See also EXPLOSIVES Factory assembled structures advisory board 43.22.420 Factory built housing and commercial structures approval of department of labor and industries required 43.22.455 compliance with laws, ordinances or regulations 43.22.455 definitions 43.22.450 delegation of inspection duties to local agencies 43.22.470 fee schedule 43.22.480 housing built according to another state’s standards, when acceptable 43.22.485 injunctions 43.22.465 local zoning requirements retained 43.22.460 modification, approval required 43.22.455 penalty for violations 43.22.490 rules 43.22.480 Farm labor contractors, licensing and duties Ch. 19.30 Farm labor contractors, See FARM LABOR CONTRACTORS Federal employer identification numbers and documents, department authority to issue 43.22.550 Fees public works approvals, certifications, arbitration 39.12.070 Flaggers safety standards 49.17.350 Funds investment policies 43.33A.110 Health care activities, labor relations, duties Ch. 49.66 [RCW Index—page 425] LABOR DAY Health care purchased by state agencies drug purchasing cost controls, evidence based prescription drug program 70.14.050 review of prospective rate setting methods 70.14.040 utilization review procedures, agencies to establish plan 70.14.030 Hours, duties of department Ch. 49.12 House to house sales by minors rule-making authority 49.12.330 Indoor air quality in public buildings duties 70.162.020 Industrial insurance, See INDUSTRIAL INSURANCE Industrial insurance division powers and duties 43.22.030 supervisor, appointment and authority 43.22.020 Industrial relations division powers and duties 43.22.270 supervisor, appointment and authority 43.22.260 wage collection for aggrieved employees 49.48.040 Industrial safety and health research, experiments, or demonstrations for safety purposes variances from rules, director may grant for 49.17.210 confidentiality of information 49.17.210 Industrial safety and health division powers and duties 43.22.050 supervisor, appointment and authority 43.22.040 Industrial welfare, duties of department Ch. 49.12 Industrial welfare committee abolished, transfer of powers and duties 43.22.282 Investigative unit industrial insurance 51.04.024 Labor disputes, See also LABOR, subtitle Disputes arbitration, See also ARBITRATION AND AWARD, subtitle Labor disputes Manufactured homes installation, generally Ch. 43.22A Medical gas piping installers certification of competency and endorsement Ch. 18.106 Mining safety, See LABOR AND INDUSTRIES, DEPARTMENT OF, subtitle Industrial safety and health Minors, employment of child labor laws, violations appeals to director 49.12.400 civil penalties and restraining orders 49.12.390 criminal penalties 49.12.410 remedies in chapter are exclusive 49.12.420 information program, departmental duties 49.12.380 Mobile and manufactured homes consumer complaints 43.22.495 Mobile homes installation, generally Ch. 43.22A installation and warranty services consumer protection act, subject to 43.22.440 performance of, compensation 43.22.442 standards 43.22.440 Oaths, power of director to administer 43.22.300 Occupational and environmental research facility advisory committee, membership 28B.20.456 Office located at state capital 43.17.050 Plumbers certification of competency Ch. 18.106 compliance inspections by city or county, pilot project 18.106.280 Prevailing wage rate determination by industrial statistician 39.12.015 [RCW Index—page 426] Printed materials, workers’ compensation 43.22.035 Printing and distribution of publications authority 43.22.505 deposit of fees 43.22.500 fees 43.22.500 Public works, prevailing wages approvals, certifications, arbitration fees 39.12.070 arbitration of disputes 39.12.060 certified statement of industrial statistician 39.12.040 disqualification of contractor for multiple violations 39.12.065 hearing, remedies, penalties 39.12.065 industrial statistician to make determinations of 39.12.015 investigation of complaints 39.12.065 public works administration account 39.12.080 Reports report to governor 43.22.330 workers’ compensation fraud 43.22.331 Right of entry of director or employees, refusal, penalty 43.22.310 Rule-making authority, restriction 43.22.051 Rules 43.17.060 Rules compliance technical assistance program Ch. 43.05 Safety standards, See LABOR AND INDUSTRIES, DEPARTMENT OF, subtitle Industrial safety and health Seasonal laborers appeals 49.40.070 dispute settlement 49.40.040, 49.40.050, 49.40.060 findings and awards as evidence 49.40.080 Small arms ammunition, authority to adopt regulations concerning 70.74.320 Statistics reports of employers, owners, and operators 43.22.290 right of entry to gather, penalty 43.22.310 Subpoena power of director 43.22.300 Telecommunications systems installations Ch. 19.28 Temporary worker housing department duties 49.17.300 licensing, operation, and inspection 49.17.310 operation standards 49.17.320 Theatrical enterprises defined 49.38.010 duties 49.38.020, 49.38.030, 49.38.040 rules, adoption of 49.38.070 Underground work safety rules 49.24.370 Underground work, See also LABOR, subtitle Underground work Vocationally handicapped, director of labor and industries to provide for employment of, exempt from prevailing wage rate 39.12.022 Wage collection claim procedure 49.48.040 claims 49.48.040 duty, generally 49.48.070 reciprocal enforcement agreements, other states 49.48.075 Wages, duties of department Ch. 49.12 Wages, minimum inspection of employer’s records 49.46.070 regulations 49.46.080 Wages, minimum, See also SALARIES AND WAGES, subtitle Minimum wages Wearing apparel, employer obligations to furnish 49.12.450 WISHA advisory committee 49.17.055 Witnesses compelling attendance 43.22.300 refusing to attend to testify, penalty 43.22.300 Workers’ compensation, See INDUSTRIAL INSURANCE LABOR DAY School holiday 28A.150.050 LABOR ORGANIZATIONS Apprenticeship programs, discrimination 49.04.130 Nonprofit corporation act, excluded from 24.03.015 Nonprofit miscellaneous and mutual corporations, authorized 24.06.015 LABOR RELATIONS (See EDUCATIONAL EMPLOYMENT RELATIONS ACT; PUBLIC EMPLOYMENT LABOR RELATIONS) LABOR UNIONS Authority for 49.36.010 Discrimination unfair practices 49.60.190 Discrimination, See also DISCRIMINATION Group disability insurance, See INSURANCE, subtitle Group disability insurance Injunctions against generally Ch. 49.32 grounds for 49.32.072, 49.36.015 Insurance group disability Ch. 48.21 group life, generally 48.24.050 Legality of 49.36.010, 49.36.030 Liability for unlawful acts 49.32.070 Marine employees’ commission to deal with Ch. 47.64 Port district employees Ch. 53.18 public employees collective bargaining 53.18.015 Prosecutions against 49.36.030 Public employees agreements between agencies and bargaining unit, subject to rules of personnel resources board 41.06.150 bargaining unit, determination of, by personnel resources board 41.06.150 Public employees, See also PUBLIC OFFICERS AND EMPLOYEES, subtitle Collective bargaining Public utility district employees, collective bargaining rights extended to 54.04.170, 54.04.180 Unemployment compensation effect of 50.20.110 Unfair practices 49.60.190 Unlawful acts, responsibility for 49.32.070 LABORATORIES Animal facilities criminal acts against definition 9.08.090 legislative intent 9.08.080 Environmental laboratories certification, qualifications, fees, and exemptions 43.21A.230, 43.21A.235 Medical test sites, See MEDICAL TEST SITES LABORERS (See EMPLOYER AND EMPLOYEES; LABOR) LADYBUGS Application of chapter 15.61.040 Beneficial insects, declaration 15.61.010 Injunctions to enjoin violations 15.61.030 Intergovernmental cooperation and agreements 15.61.020 Regulation of commercial movement 15.61.010 Violations, penalty 15.61.050 LAETRILE Certification 70.54.140 Legislative declaration 70.54.130 Physician’s immunity from disciplinary action for prescribing or administering 70.54.150 Prescription, administration, permitted 70.54.140 LAKE UNION SHORELANDS Transfer to University of Washington 28B.20.370 (2008 Ed.) LAND USE PLANNING LAKE WASHINGTON Lowering waters by United States, nonliability 37.08.240 LAKE WASHINGTON SHIP CANAL Additional right-of-way 37.08.250 Consent of state given to United States to construct and operate 37.08.240 Lowering and raising waters, liability for damages 37.08.240 LAKE WASHINGTON TOLL BRIDGES (See BRIDGES) LAKELAND VILLAGE (See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers) LAKES Acid rain 70.94.820 Boats and boating, regulation Ch. 79A.60 Cities and towns adjacent to calculation of area of city or town 35.21.160 jurisdiction 35.21.160 Ferries, privately owned, generally Ch. 36.53 Fishways, flow, and screening Ch. 77.57 Freshwater aquatic algae control account, program 43.21A.667 Freshwater aquatic weeds management program 43.21A.660, 43.21A.662 Hydraulic projects and permits Ch. 77.55 Irrigation and rehabilitation districts, regulation and control over lakes within district 87.84.061 Jet skis, regulation Ch. 79A.60 Lake or beach management districts bonds 36.61.260 cities and towns authorized 35.21.403 creation appeals, limited 36.61.110 duration 36.61.025 hearing 36.61.040, 36.61.050, 36.61.060 resolution or petition 36.61.030 submittal to landowners 36.61.070, 36.61.080, 36.61.090, 36.61.100 purpose, findings, intent 36.61.010, 36.61.280 rates and charges 36.61.115, 36.61.270 size, duration 36.61.020 special assessment roll 36.61.120, 36.61.130, 36.61.140, 36.61.150 special assessments county authority may stop 36.61.250 lien created 36.61.230, 36.61.240 limitation 36.61.115 procedure 36.61.160, 36.61.170, 36.61.180, 36.61.190, 36.61.200, 36.61.210, 36.61.220 special assessments, rates, or charges 36.61.020 Lake Osoyoos international water control structure 43.21A.450 Lowering, See LAKES, subtitle Outflow regulation Navigation, obstructing 88.28.050 Obstructing is nuisance 7.48.120 Outflow fish protection devices and ladders 90.24.050, 90.24.060 Outflow regulation 90.24.010, 90.24.020, 90.24.030, 90.24.040, 90.24.070 Personal watercraft, regulation Ch. 79A.60 Polluted and environmentally sensitive waters, identification and designation 79A.60.520 Public nuisances 7.48.140 Public utility districts, water rights in regard to 54.16.050 Regulation of outflow, See LAKES, subtitle Outflow regulation Rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Shoreline management act Ch. 90.58 Water appropriation for public and industrial purposes Ch. 90.16 (2008 Ed.) Water flows or levels, establishment of minimum Ch. 90.22 Water pollution control Ch. 90.48 Water rights determination and appropriation Ch. 90.03 registration, waiver, and relinquishment Ch. 90.14 Water skiing safety Ch. 79A.60 Weed control, superior court jurisdiction 90.24.066 Wharves, docks, and landings Ch. 88.24 LAMB (See MEAT) LAND Maps, See STATE BASE MAPPING SYSTEM Real property damage due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 Right of entry 9A.52.010 LAND BANK (See PUBLIC LANDS, subtitle Land bank) LAND COMMISSIONER (See PUBLIC LANDS, subtitle Commissioner of public lands) LAND DEVELOPMENT Advertising false, misleading, or deceptive statements prohibited 58.19.190 Appearance of fairness doctrine Ch. 42.36 Blanket encumbrances, lots or parcels subject to, sale of 58.19.180 Cities and towns, comprehensive plans for 35.63.090 Courts, jurisdiction of superior 58.19.280 Definitions 58.19.020 Developer’s duties 58.19.045 Director defined 58.19.020 Economic development projects - appeals and reviews of permit decisions Ch. 43.21L Encumbrances, blanket, lots or parcels subject to, sale of 58.19.180 Environmental permits duties of department of community, trade, and economic development 43.330.125 land use petitions, judicial review Ch. 36.70C project review and permit procedures Ch. 36.70B Exemptions from act 58.19.030 Hazardous conditions, notice of 58.19.300 Jurisdiction of superior courts 58.19.280 Land use petitions, judicial review Ch. 36.70C Offering statement, public form, type and style 58.19.130 prohibited uses 58.19.140 uses, prohibited 58.19.140 Project review and permit procedures Ch. 36.70B Public offering statement 58.19.045 Public offering statement, contents 58.19.055 Purchaser’s rights 58.19.045 Purpose 58.19.010 Regional transfer of development rights program Ch. 43.362 Registration amendments to, report required 58.19.120 changes, report required 58.19.120 Requiring purchaser to pay additional sum to construct, complete or maintain development, unlawful, when 58.19.185 Short title of act 58.19.940 Unlawful practice, when 58.19.185 Violations attorneys’ fees 58.19.265 consumer protection act, application 58.19.270 remedies 58.19.265 Watershed compensatory mitigation Ch. 90.74 LAND OFFICE RECEIPTS (See RECORDING AND FILING) LAND SURVEYORS (See ENGINEERS AND LAND SURVEYORS) LAND TITLE REGISTRATION (See REGISTRATION OF LAND TITLES) LAND USE (See LAND USE PLANNING) LAND USE PETITIONS Actions reviewable under administrative procedure act or land use petition act inapplicability of chapter 7.16.360 LAND USE PLANNING (See also PLANS AND PLANNING; ZONES AND ZONING) Agricultural lands innovative zoning techniques 36.70A.177 Appeals of decisions, fees and costs 4.84.370 Appearance of fairness doctrine limitations Ch. 42.36 Building permit applications required contents 19.27.095 Changes hearing examiner system 35.63.130 Comprehensive plan and development regulations, copy to county assessor 36.70B.230 Comprehensive planning by cities and counties airports, general aviation 36.70A.510 cities and counties required to plan, compliance 36.70A.040 classification of agriculture, forest, and mineral lands and critical areas guidelines 36.70A.050 climate change mitigation 36.70A.580 comprehensive plans 36.70A.140 accessory apartments 36.70A.400 coordination with other plans 36.70A.100 environmental planning pilot projects 36.70A.385 extension of designation date 36.70A.380 identification of lands useful for public purposes 36.70A.150 innovative techniques 36.70A.090 major industrial developments 36.70A.365 mandatory elements 36.70A.070 master planned resorts, when authorized by county 36.70A.360 mineral resource lands 36.70A.131 new fully contained communities, when approved in county planning 36.70A.350 noncompliance 36.70A.330 noncompliance and sanctions 36.70A.340, 36.70A.345 open space corridors, identification and purchase of 36.70A.160 optional elements 36.70A.080 order of invalidity 36.70A.335 planning activities and capital budget decisions, conformity with 36.70A.120 presumption of validity 36.70A.320 private property protection 36.70A.370 residential structures occupied by persons with handicaps 36.70A.410 review, amendments 36.70A.130 state agencies to comply 36.70A.103 sufficient land capacity for development 36.70A.115 transmittal to state 36.70A.106 urban growth areas 36.70A.110 county-wide planning policy 36.70A.210 definitions 36.70A.030 development project review process 36.70A.470 development regulations presumption of validity 36.70A.320 transmittal to state 36.70A.106 global warming mitigation and adaptation program 36.70A.5801 greenbelts or open space, adverse possession 36.70A.165 growth management hearings boards [RCW Index—page 427] LANDFILLS appeal by state, limitations 36.70A.310 conduct, procedure, and compensation 36.70A.270 created 36.70A.250 expedited review 36.70A.305 final orders 36.70A.300 invalidity, determination 36.70A.302 judicial review 36.70A.295 matters subject to board review 36.70A.280 member qualifications 36.70A.260 petitions to, evidence 36.70A.290 growth strategies commission, role 36.70A.800 master planned locations 36.70A.367, 36.70A.368 master planned resorts 36.70A.362 military installations, incompatible development 36.70A.530 natural resource lands and critical areas designation 36.70A.170, 36.70A.172 development regulations 36.70A.060 planning goals 36.70A.020 playing fields, compliance 36.70A.171 progress reports 36.70A.180 public participation 36.70A.035 review and evaluation program 36.70A.215 shoreline master programs 36.70A.480 siting of essential public facilities 36.70A.200 submittal phasing 36.70A.045 technical assistance, grants, and mediation services 36.70A.190 watershed restoration projects, permit processing 36.70A.460 wetlands delineation 36.70A.175 Contracts street improvements, prerequisite to land development contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Development projects consistency with local development regulations, determination 36.70B.040 definitions 36.70B.020 development agreements between local government and person controlling property additional fees not authorized 36.70B.210 authorization 36.70B.170 effect 36.70B.180, 36.70B.190 public hearing 36.70B.200 recording 36.70B.190 local governments not planning under growth management act may use provisions 36.70B.150 local governments to develop consolidated and integrated process, elements of process and when required 36.70B.060 permit applications designation of person or entity to receive notices 36.70B.100 determination of completeness, notice to applicant 36.70B.070 local government review 36.70B.050 notice of application, required elements 36.70B.110 notice of decision, distribution 36.70B.130 regulations, determination of application’s compliance 36.70B.080 permit review process exclusions 36.70B.140 procedures 36.70B.120 project review, additional provisions encouraged 36.70B.160 project review, required elements and limitations 36.70B.030 review process 36.70A.470 Economic development projects - appeals and reviews of permit decisions Ch. 43.21L Growth strategies commission role of 36.70A.800 Historic preservation [RCW Index—page 428] national historic towns, designation 36.70A.520 Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Judicial review of agency action land use decisions, appeals and award of fees and costs 4.84.370 Judicial review of land use decisions commencement of review, procedure 36.70C.040 decision of the court 36.70C.140 definitions 36.70C.020 discovery 36.70C.120 expedited review 36.70C.090 initial hearing 36.70C.080 joinder of parties 36.70C.050 record for judicial review, costs 36.70C.110 required elements 36.70C.070 scope of chapter, exceptions 36.70C.030 scope of review 36.70C.120 standards for granting relief 36.70C.130 standing 36.70C.060 stay of action pending review 36.70C.100 Permit assistance staff 36.70B.220 Regional transfer of development rights program Ch. 43.362 Shoreline management act, effect Ch. 90.58 Street projects construction or improvements, prerequisite to property development alternative financing methods 35.72.050 may contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Surface mining, regulation and reclamation Ch. 78.44 Transportation projects environmental review collaborative process 36.70A.430 intent 36.70A.420 LANDFILLS (See SOLID WASTE MANAGEMENT, subtitle Landfills) LANDLORD AND TENANT (See also LEASES; REAL PROPERTY) Administrative law judge assignment, proceedings 34.12.036 Applicability of chapter 59.04 RCW 59.04.900 Assault of another tenant notification of landlord 59.18.075 Cities and towns, housing authorities, rentals and tenant selection 35.82.090 Complaint, filing and service as notice to quit 59.08.080 Condemned or unlawful to occupy dwelling rental, tenant’s remedies relocation assistance 59.18.085 Controlled substances building use for unlawful drugs 69.53.010 search and seizure, landlord notification 69.50.510, 69.52.045 seizure and forfeiture, damage to landlord’s property 69.50.505 Crime victim protection domestic violence, sexual assault, stalking 59.18.570, 59.18.575, 59.18.580, 59.18.585 Criminal provisions unlawful detainer 59.12.030 Discrimination restrictive covenants 49.60.227 Domestic violence, sexual assault, stalking victim protection 59.18.570, 59.18.575, 59.18.580, 59.18.585 Drug seizures notification of landlord 59.18.075, 69.41.062 notify landlord 59.20.155 Drugs crack houses Ch. 69.53 manufactured/mobile homes tenant duties 59.20.140 tenant duty regarding 59.18.130, 59.18.180 unlawful detainer 59.18.180, 59.18.390, 59.18.400 Ejectment and quieting title actions action against tenant failure to pay rent 7.28.250 in possession 7.28.010 judgments, effect of 7.28.130 substitution of landlord in action against tenant 7.28.110 Execution against property in custody of tenant, writ contents 6.17.110 Fire alarms, required 43.44.110, 48.48.140 Firearms, arrest for unlawful use notification of landlord 59.18.075 Firearms or deadly weapons tenant duty regarding 59.18.130 unlawful detainer 59.18.180 Forcible entry and detainer agricultural land, holding over, effect 59.12.035 amendment conformance to proof 59.12.150 when allowed 59.12.160 appeal to supreme court writ of restitution, suspension 59.12.220 appellate review stay bond 59.12.200 stay of proceedings 59.12.210 complaint content 59.12.070 service of 59.12.070 continuance, allowance for amendment 59.12.150 damages for, actions for recovery of possession of personal property 4.56.080 definition 59.12.010, 59.12.020, 59.12.030 detainer forcible defined 59.12.020 unlawful, defined 59.12.030 forcible entry defined 59.12.010 forfeiture, relief against application by tenant 59.12.190 satisfaction of conditions 59.12.190 service of notice 59.12.190 judgment appellate review, stay bond 59.12.200 default by defendant 59.12.120 execution of 59.12.170 generally 59.12.170 jurisdiction over, superior courts 2.08.010, 59.12.050 jury trials, priority 59.12.130 parties to proceedings 59.12.060 penalty for 59.12.230 pleadings amendment conformance to proof 59.12.150 times allowed 59.12.160 answer or demurrer by defendant 59.12.121 issues of fact, determination by jury 59.12.130 proof, burden of plaintiff 59.12.140 practice, rules of, application 59.12.180 proof, requirement of plaintiff 59.12.140 RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable if property covered by residential landlord-tenant act, chapter 59.18 RCW 59.18.420 restitution, writ of bond for 59.12.090 bond to stay 59.12.100 inapplicability to certain residential property 59.12.091 modification of bonds 59.12.110 service of 59.12.100 suspension 59.12.220 use by plaintiff 59.12.090 restoration of property, writ of restitution 59.12.090 service of notice made by mail 59.12.040 proof of 59.12.040 (2008 Ed.) LANDLORD AND TENANT when tenant is conducting hotel, inn, etc. 59.12.040 summons contents 59.12.080 necessity for 59.12.070 service of 59.12.080 waste, when deemed as 59.12.030 Gambling, termination of lease if premises used for 4.24.080 Gang-related activity unlawful detainer 59.18.510 Gang-related activity by tenants definitions 59.18.030 duties of tenant 59.18.130 landlord’s remedies 59.18.180 unlawful detainer 59.12.030 Hazardous or threatening behavior unlawful detainer 59.18.180 Hot water heaters temperature regulation 19.27A.060 Judicial sale, leasehold under two years absolute 6.21.080 Jurors, challenge of, implied bias if juror landlord or tenant of party 4.44.180 Landlord’s duties failure to perform time limits for remedial action 59.18.070 Leases month to month, when construed as 59.04.020 for specified time, termination 59.04.030 time period, limitation where in writing but acknowledged, etc. 59.04.010 year to year abolished except under written contract 59.04.010 Lien for rent, See LIENS, subtitle Rent Manufactured/mobile home landlord-tenant act applicability of act 59.20.040 arbitration, any controversy may be submitted 59.20.260, 59.20.270, 59.20.280, 59.20.290 attorneys’ fees costs entitlement 59.20.100 criminal activities termination grounds 59.20.080 definitions 59.20.030 deposit, performance security retention statement of basis for 59.20.180 written rental agreement provision 59.20.160 trust account maintenance 59.20.170 drug seizure, notify landlord 59.20.155 drugs tenant duties 59.20.140 eviction grounds 59.20.080 failure to renew tenancy or occupancy grounds 59.20.080 forcible entry, detainer, applicability 59.20.040 health and sanitation standards 59.20.190 improvements, by tenant, property of 59.20.100 landlord 59.20.135 duties of 59.20.130 failure to carry out, tenants remedies 59.20.200, 59.20.210, 59.20.220, 59.20.230 rent payment is a condition to tenant’s remedies 59.20.240 nonrenewal, notice 59.20.090 notice to tenant, service 59.20.150 prohibited acts 59.20.070 rent increase, notice 59.20.090 retaliation or reprisal, presumptions concerning 59.20.075 live-in care provider may share home with tenant 59.20.145 manufactured/mobile home communities good faith negotiations 59.20.305 notice of sale 59.20.300 mediation any dispute may be submitted 59.20.250 (2008 Ed.) termination or nonrenewal of tenancy 59.20.080 notice services of 59.20.150 rental agreements exceptions 59.20.050 prohibited provisions 59.20.060 renewals and nonrenewals, requirements 59.20.090 required, when 59.20.050 required contents 59.20.060 required terms 59.20.060 terms 59.20.050 transfer of, procedure 59.20.073 waiver 59.20.050 repossessed home in mobile home park secured party liable for rent 59.20.074 retaliation or reprisals presumptions relating to 59.20.075 rights and remedies, obligation of good faith required 59.20.020 sanitation standards 59.20.190 tenancy termination 59.20.090 termination, armed forces exemption 59.20.090 tenant duties of 59.20.140 enforceability of rules against, necessary conditions for enforcement 59.20.045 improvements, property of 59.20.100 live-in care provider may share home with tenant, criteria 59.20.145 nonrenewal, notice 59.20.090 notice to landlord, service 59.20.150 rent must be paid, condition to exercising remedies 59.20.240 venue 59.20.120 zoning changes notify tenants 59.20.090 Notice complaint filing and service as 59.08.080 failure to pay rent, notice to quit premises 59.04.040 periodic tenancies, termination 59.04.020 rent default less than forty dollars, notice to quit or pay 59.08.010 termination of month to month tenancy 59.04.020 Notice, See also LANDLORD AND TENANT, subtitle Residential landlord-tenant act Possession gained without consent payment of rent 59.04.050 surrender 59.04.050 Redemption possession during redemption period 6.23.110 rents and profits 6.23.090 unexpired lease 6.23.110 use and occupation value 6.23.090 Relocation assistance for low-income tenants authorization for certain cities, towns, counties, and municipal corporations to require 59.18.440 payments not considered income, eligibility for public assistance unaffected 59.18.450 Rent city control, prohibited 35.21.830 counties, rent control, state preemption 36.01.130 failure to pay, notice to quit premises 59.04.040 lien for creation, enforcement, and duration 60.72.010 possession gained without consent 59.04.050 Rent, See also RENTS AND PROFITS Rent default hearings 59.08.060 notice to quit premises 59.04.040 under forty dollars applicability of chapter 59.08 RCW 59.08.900 complaint as notice to quit 59.08.080 sufficiency of 59.08.030 continuance of proceedings 59.08.050 fees, sheriff 59.08.090 inapplicability of chapter 59.08 RCW to residential property 59.08.900 indemnity bond 59.08.100 notice to quit or pay 59.08.010 order for hearing 59.08.040 recall of writ of restitution 59.08.070 reinstatement of tenant’s right to possession 59.08.010 service of process 59.08.040 sheriff’s liability for damages 59.08.100 subsequent acceptance by landlord 59.08.010 summons and complaint as notice 59.08.010 when constitutes unlawful detainer 59.12.030 writ of restitution 59.08.060 Rental security deposit guarantee program grant recipient authority 59.24.040 legislative findings 59.24.010 program requirements 59.24.020, 59.24.030, 59.24.050 source of funds 59.24.060 Residential landlord-tenant act abandonment landlord’s duty to mitigate damages 59.18.310 landlord’s remedies 59.18.310 liability of tenant 59.18.310 rent, liability for 59.18.310 tenant’s liability upon occurrence 59.18.310 what constitutes 59.18.310 abandonment of premises deposit 59.18.280 abandonment of property, landlord’s rights 59.18.230 actions and proceedings bar to arbitration, when 59.18.320 deposit, recovery of, costs and fees allowed, when 59.18.280 forcible entry, writ of restitution application for 59.18.370 hearing upon 59.18.370 order for 59.18.370 forcible entry or detainer answer 59.18.380 answer of defendant 59.18.400 bond, post-judgment by defendant 59.18.390 bond prior to final judgment 59.18.380 costs and attorneys’ fees, award in judgment 59.18.410 damages, judgment for 59.18.410 defendant’s bond 59.18.390 defenses or set off, assertion of 59.18.400 execution of judgment 59.18.410 forfeiture of lease or tenancy, judgment may include 59.18.410 judgment, payment into court 59.18.410 judgment and execution 59.18.410 judgment and order 59.18.380 notice, bond hearing 59.18.390 rent due, inclusion in judgment 59.18.410 restitution, judgment for 59.18.410 satisfaction of judgment by payment into court 59.18.410 stay of order 59.18.380 writ of restitution, service of 59.18.390 possession of premises by tenant 59.18.290 unlawful detainer requirements for commencing action 59.18.180 writ of restitution, hearing, order, and application for 59.18.370 affidavit, unable to pay arbitration fee, waiver or deferral of 59.18.340 agent of landlord, designated, when 59.18.060 agreements, written, arbitration, relating to 59.18.320 [RCW Index—page 429] LANDLORD AND TENANT agricultural employees, seasonal, housing exempted from chapter, when 59.18.040 agricultural land, residence thereon, exempted from chapter, when 59.18.040 amount of damages, forcible entry or detainer action, judgment for 59.18.410 answer, unlawful detainer action 59.18.380 answer of defendant defenses or set off to forcible entry or detainer action 59.18.400 forcible entry or detainer action 59.18.400 appeals, arbitration decisions of, procedures 59.18.330 appliances, tenant, duties relating to 59.18.130 applicability to prior, existing, or future leases 59.18.430 application for arbitration, completion and delivery of 59.18.330 arbitration agreement to, exceptions 59.18.320 appeal of decisions 59.18.330 application for 59.18.330 arbitrator choice of 59.18.320 powers of 59.18.330 authorized, when 59.18.320 choice of arbitrator 59.18.320 completion, time for 59.18.350 contempt of court under 59.18.330 cost of allowed to prevailing party, when 59.18.280 recoverable, when 59.18.300 court action as bar, when 59.18.320 decision appeal of 59.18.330 effect of 59.18.330 enforcement of 59.18.330 finality of 59.18.330 requirements of 59.18.330 defective conditions affecting more than one dwelling 59.18.330 certain, arbitration 59.18.320 determination that landlord has failed to carry out duties 59.18.110 enforcement of decision 59.18.330 evidence 59.18.330 exceptions to 59.18.320 fee amount of 59.18.340 payment, by whom 59.18.340 waiver or deferral of 59.18.340 hearing procedure 59.18.330 scheduled by arbitrator, time requirements 59.18.330 notice, requirements 59.18.320 powers of arbitrator 59.18.330 procedural requirements 59.18.320 prohibited, when 59.18.320 recording of proceedings under 59.18.330 requirements generally 59.18.320 situations where prohibited 59.18.320 subpoena, issuance of 59.18.330 tenant wrongfully removed or excluded from premises 59.18.290 termination of tenancy, when 59.18.120 time for completion of process 59.18.350 time requirements, hearings 59.18.330 unlawful detainer action as bar to 59.18.320 written decision, requirements of 59.18.330 attorney, tenant’s, approval of exemptions, when required 59.18.360 attorney general, consumer protection division must approve exemptions from chapter 59.18.300 attorneys’ fees forcible entry or detainer actions, judgment may award 59.18.410 payment of, tenant, when 59.18.180 provided at no cost, not recoverable 59.18.250 reasonable, defined 59.18.030 [RCW Index—page 430] recoverable, when 59.18.230, 59.18.280, 59.18.290, 59.18.300 recovery of 59.18.250 tenant liable, when 59.18.180 bargaining position of parties, inequality of precludes exemptions from chapter 59.18.360 bids for repair of defective conditions 59.18.100 bond forcible entry or detainer, defendant’s postjudgment 59.18.390 unlawful detainer action, final judgment, prior to 59.18.380 charges, damage or cleaning, withholding of 59.18.260 checklist of conditions 59.18.260 claims, tenant against security deposit, priority of 59.18.270 cleaning duty of tenant 59.18.130 fee tenant’s duties affected 59.18.130 terms for charging included in written rental agreement 59.18.260 completion of arbitration, time for 59.18.350 condemned or unlawful to occupy dwelling rental, tenant’s remedies 59.18.085 condemned property, highway purposes, exempted from chapter, when 59.18.040 contempt of court, arbitration proceedings, when 59.18.330 contract terms of, termination of tenancy 59.18.220 time of tenancy, termination of 59.18.220 correctional facilities, exempted from chapter 59.18.040 costs paid into court, forcible entry or detainer 59.18.380 payment of, tenant, when 59.18.180 recoverable, when 59.18.290, 59.18.300 recovery of 59.18.250 tenant liable for, when 59.18.180 costs of action, forcible entry or detainer, judgment may award 59.18.410 costs of suit, recoverable, when 59.18.230 county prosecutors, approval of exemptions from this chapter, when required 59.18.360 court action, bar to arbitration, when 59.18.320 criminal provisions hazardous or threatening behavior 59.18.130 malicious or intentional destruction 59.18.130 damage deposit written agreement 59.18.260 damages forcible entry or detainer action, judgment for 59.18.410 hold over by tenant, landlord’s remedies 59.18.290 recovery for 59.18.280 tenant’s for removal or exclusion from premises 59.18.290 utility services, termination of by landlord 59.18.300 decisions arbitration proceedings, time for, requirements of 59.18.330 enforceability of from, arbitration 59.18.330 finality of arbitration 59.18.330 default in rent landlord’s remedies 59.18.310 tenant’s liability 59.18.310 defective conditions affecting more than one dwelling, arbitration regarding 59.18.330 arbitration, not available, when 59.18.320 bids for repair of 59.18.100 failure of tenant to remedy, landlord’s remedies 59.18.160 landlord’s duties concerning 59.18.060 landlord’s failure to remedy, tenant’s choice of actions 59.18.090 notice from tenant to landlord 59.18.070 repair of authorized by court of arbitrator 59.18.110 liability for 59.18.180 by tenant 59.18.100 limitations and exclusions 59.18.100 reduction of rent 59.18.100 when 59.18.100 time for 59.18.110 tenant may repair, when 59.18.100 termination of tenancy, when 59.18.120 time for landlord to remedy 59.18.070 unfeasible to repair within time limits 59.18.120 vacation of premises, when, conditions for 59.18.120 definitions 59.18.030 deposit abandonment of premises 59.18.280 action for recovery of, costs and fees allowed, when 59.18.280 cleaning or damage, withholding of 59.18.260 recovery of, action for, costs and fees allowed, when 59.18.280 retained, statement concerning 59.18.090 retention of, statements relating to 59.18.280 return of, statement concerning 59.18.090 security for tenant’s performance, trust account, deposit in 59.18.270 withholding of terms for included in written rental agreement 59.18.260 wear and tear, normal, prohibition 59.18.280 deposit to secure tenancy landlord’s duties concerning 59.18.253 dispute resolution mediation 59.18.315 distress for rent, landlord’s right to abolish 59.18.230 drayage, tenant’s liability upon abandonment 59.18.310 drug and alcohol free housing 59.18.550 drug seizure notification of landlord 59.18.075 drugs tenant duty regarding 59.18.130, 59.18.180 unlawful detainer 59.18.180, 59.18.390, 59.18.400 duties, arbitration, relating to completion of 59.18.350 duties of landlord 59.18.060 failure to carry out, tenant’s remedies 59.18.100 failure to perform 59.18.070 tenant 59.18.130 rules, conformance to 59.18.140 dwelling unit, defined 59.18.030 electricity termination of service by landlord 59.18.300 time for landlord to remedy defect 59.18.070 emergency landlord, rights of 59.18.180 repairs during 59.18.180 employee housing, exempted from chapter, when 59.18.040 entry, fire officials 59.18.150 entry, landlord’s right of abandonment of premises by tenant 59.18.310 conditions, purposes 59.18.150 eviction presumptions created 59.18.250 rebuttal of presumption of retaliation or reprisal 59.18.250 reprisal or retaliation, when 59.18.240 evidence admissibility of into arbitration hearing 59.18.330 (2008 Ed.) LANDLORD AND TENANT arbitration hearings 59.18.330 rules of in arbitration 59.18.330 exclusion of children, conversion to condominium, notice 59.18.200 execution of judgment, forcible entry or detainer 59.18.410 exemptions agreement in writing, requirements for 59.18.360 allowable 59.18.360 approval by attorney general, county prosecutor, or tenant’s attorney 59.18.360 from chapter, living arrangements, certain 59.18.040 conditions when permitted 59.18.360 requirements regarding 59.18.360 farm rental, residence thereon, exempted from chapter, when 59.18.040 farm workers, seasonal, housing exempted from chapter, when 59.18.040 fees arbitration 59.18.340 attorney’s, recoverable, when 59.18.230 cleaning, tenant’s duties affected 59.18.130 damage or cleaning, written rental agreement, included in 59.18.260 deposit to secure tenancy, landlord’s duties 59.18.253 nonrefundable, not designated as part of deposit 59.18.285 screening of tenants, notice of costs 59.18.257 fire hazard, remedy of 59.18.180 firearms or deadly weapons tenant duty regarding 59.18.130, 59.18.180 forcible entry or detainer answer of defendant 59.18.400 attorneys’ fees and costs, award in judgment 59.18.410 bond, defendant’s, when required 59.18.390 costs and attorneys’ fees, award in judgment 59.18.410 damages, judgment for 59.18.410 defenses or set off, assertion of 59.18.400 execution of judgment 59.18.410 forfeiture of lease or tenancy, judgment may include 59.18.410 judgment, payment into court 59.18.410 judgment and execution 59.18.410 rent due, inclusion in judgment 59.18.410 rent payment into court registry 59.18.375 restitution, judgment for 59.18.410 satisfaction of judgment by payment into court 59.18.410 writ of restitution, service of 59.18.390 forcible entry or detainer, See also LANDLORD AND TENANT, subtitle Residential landlord-tenant act, unlawful detainer gang-related activity defined 59.18.030 duty of tenant 59.18.130 landlord’s remedies 59.18.180 gang-related activity by tenant, legislative findings and declarations 59.18.500 gang-related activity by tenant, unlawful detainer action 59.18.510 garbage and waste, landlord’s duties concerning 59.18.060 gas, termination of service by landlord 59.18.300 hazardous conditions, time for landlord to remedy 59.18.070 hazards, remedy of, responsibility for 59.18.180 hearing arbitration 59.18.330 bond, defendant’s post-judgment, forcible entry or detainer action 59.18.390 unlawful detainer action 59.18.180, 59.18.370 heat landlord’s duties concerning 59.18.060 (2008 Ed.) termination of service by landlord 59.18.300 time for landlord to remedy defect 59.18.070 hold over by tenant, landlord’s remedies 59.18.290 hospitals, exempted from chapter 59.18.040 hot water landlord’s duties concerning 59.18.060 time for landlord to remedy defect 59.18.070 hotel, motel, transient lodging, exempted from chapter 59.18.040 institutional residential facilities, exempted from chapter 59.18.040 judgment confession of prohibited by terms of lease 59.18.230 diminished rental value 59.18.110 forcible entry or detainer, execution of 59.18.410 repair costs 59.18.110 satisfaction of by payment into court 59.18.410 judgment and execution, forcible entry or detainer action 59.18.410 jurisdiction, district or superior courts 59.18.050 landlord actions, certain deemed to be reprisals or retaliation 59.18.240 complaints against by tenant, protection 59.18.240 defined 59.18.030 deposits, withholding of 59.18.260 distress for rent, right abolished 59.18.230 duties 59.18.060 deposit of security in trust account 59.18.270 failure to carry out 59.18.110 tenant’s remedies 59.18.100 failure to perform 59.18.070 failure to perform, time limits for remedial action 59.18.070 notice to tenant of depositary of trust account 59.18.270 retaining deposit 59.18.280 receipt to tenant for moneys held as security 59.18.270 statement of basis for retaining deposits 59.18.280 time limits for fulfilling 59.18.070 emergency, rights during 59.18.180 entry onto premises, tenant’s noncompliance 59.18.180 eviction by, reprisal or retaliation, when 59.18.240 liability of deposit of tenant, for 59.18.280 property of tenant 59.18.230 refund to tenant 59.18.280 tenant’s property 59.18.230 name and address available to tenants 59.18.060 noncompliance, tenants’, complaint 59.18.240 notice of termination of tenancy 59.18.200 notice to tenant failure to carry out duties 59.18.170 of noncompliance 59.18.190 obligations 59.18.100 receipts for payments, landlord to provide if requested 59.18.063 remedies abandonment by tenant 59.18.310 tenant’s failure to correct defective conditions 59.18.160 removal or exclusion of tenant from premises 59.18.290 reprisals or retaliation defined 59.18.240 prohibited 59.18.240 retaliation or reprisal, presumptions concerning 59.18.250 rights distress for rent abolished 59.18.230 entry of premises conditions 59.18.150 upon abandonment 59.18.310 screening of tenants, notice of costs 59.18.257 landlord’s failure to remedy defective condition tenant’s choice of actions 59.18.090 lease exemptions appearing in 59.18.360 forfeiture of, forcible entry or detainer action 59.18.410 lien provision, prohibited, when 59.18.230 printed, requirements 59.18.210 requirements for 59.18.210 standard form, exemptions appearing in 59.18.360 term for 59.18.210 terms of, waiver of chapter prohibited 59.18.230 terms prohibited 59.18.230 unenforceability of prohibited terms 59.18.230 validity of 59.18.210 waiver of chapter prohibited 59.18.230 written cleaning deposit, withholding of 59.18.260 damage deposit, withholding of 59.18.260 deposits, cleaning or damage, withholding of 59.18.260 requirement 59.18.210 liability indemnification of landlord for, prohibited 59.18.230 landlord’s tenant’s property 59.18.230 termination of utility services 59.18.300 tenant for rent default 59.18.310 storage and drayage upon abandonment 59.18.310 lien personal property, creation prohibited 59.18.230 prohibition against on tenant’s property 59.18.230 living arrangements, certain exempted from chapter 59.18.040 locks and keys, landlord’s duties concerning 59.18.060 maintenance of premises certain duties of tenant 59.18.130 damage and cleaning fees, withholding of 59.18.060 duties of landlord 59.18.060 landlord, duties of concerning 59.18.060 tenant, certain duties of 59.18.130 malicious or intentional destruction criminal provisions 59.18.130 mediation dispute resolution 59.18.315 mold information, landlord’s duties 59.18.060 monasteries and convents, exempted from chapter 59.18.040 moneys, security deposits, deposit into trust account, receipt of interest 59.18.270 moving expenses, tenant’s liability upon abandonment 59.18.310 noncompliance landlord’s, tenants’ complaint concerning 59.18.240 notice of 59.18.190 tenant’s complaint about landlord 59.18.240 nonrefundable fees not designated as part of deposit 59.18.285 notice abandonment by tenant, landlord to notify of property sale 59.18.310 arbitration hearings 59.18.330 requirements 59.18.320 deposits, retention of 59.18.280 [RCW Index—page 431] LANDLORD AND TENANT duties of tenant, landlord may notify tenant of failure to carry out 59.18.170 entry by landlord 59.18.150 expiration of 59.18.190 forcible entry or detainer, bond, defendant’s post-judgment 59.18.390 hearings, arbitration 59.18.330 landlord to tenant of noncompliance 59.18.190 sale of tenant’s property upon abandonment 59.18.310 tenant’s failure to carry out duties 59.18.170 noncompliance, tenant’s 59.18.180, 59.18.190 rent increase, rebuttal of presumption of reprisal or retaliation 59.18.250 rental agreement, modification of 59.18.140 restitution, writ of, application for 59.18.370 rules of tenancy, modification of 59.18.140 tenant’s failure to carry out duties, landlord may notify 59.18.170 trust account for security deposit 59.18.270 unlawful detainer action 59.18.370 notice of defective conditions, tenant to landlord 59.18.070 notices exclusion of children or conversion to condominium 59.18.200 termination of tenancy, time for 59.18.200 nuisance, tenant’s duty not to permit 59.18.130 nursing homes, licensed, exempted from chapter 59.18.040 obligation of good faith, imposed for exercise of rights and remedies 59.18.020 order, unlawful detainer action 59.18.380 owner, defined 59.18.030 parties, bargaining position of, inequality precludes exemptions from chapter 59.18.360 periodic tenancy termination of 59.18.220 notice requirements 59.18.200 person, defined 59.18.030 personal property sale of upon abandonment of premises by tenant 59.18.310 tenant’s recovery of 59.18.230 premises damages to, deposit, withholding 59.18.260 defined 59.18.030 exclusion of landlord by tenant 59.18.290 hold over by tenant 59.18.290 removal or exclusion of tenant from 59.18.290 vacation of retention of deposit, statement relating to 59.18.280 return of deposit 59.18.280 presumptions rebuttal of 59.18.250 reprisal or retaliation, when 59.18.250 procedure answer of defendant, forcible entry or detainer action 59.18.400 arbitration, relating to 59.18.320 defenses to forcible entry or detainer action, assertion of 59.18.400 forcible entry or detainer action 59.18.380 answer of defendant 59.18.400 restitution, writ of 59.18.370 unlawful detainer 59.18.370 writ of restitution 59.18.370 prohibited acts eviction of tenant, retaliation or reprisal, when 59.18.240 landlord’s retaliation 59.18.240 retaliation or reprisal by landlord 59.18.240 waiver in lease 59.18.230 property abandonment of, landlord’s rights 59.18.230 drayage and storage costs [RCW Index—page 432] payment by tenant 59.18.310 personal abandonment, landlord’s rights 59.18.230 tenant’s, taking by landlord 59.18.230 return of tenant’s property landlord’s duties 59.18.310 tenants’, sale by landlord abandonment by tenant 59.18.310 distribution of proceeds 59.18.310 public lands, exempted from chapter, when 59.18.040 public policy, violation of as precluding exemptions this chapter 59.18.360 purchaser as tenant, exempted from chapter 59.18.040 reasonable attorneys’ fees, defined 59.18.030 receipts for payments, landlord to provide if requested 59.18.063 refund, deposit, time for 59.18.280 remedies landlord’s certain noncompliance by tenant 59.18.180 failure of tenant to remedy defective condition 59.18.160 tenant intentionally causing loss of utility services 59.18.300 tenant, bar to arbitration, when exercise of constitutes 59.18.320 tenant’s 59.18.070 assertion of protected 59.18.240 termination of utility services by landlord 59.18.300 tenant’s choice upon failure of landlord to correct defective condition 59.18.090 unlawful detainer 59.18.380 rent amount due, judgment, inclusion 59.18.410 deductions from, cost of repairs 59.18.100 default by tenant 59.18.310 diminished, when 59.18.110 distress for, right to abolished 59.18.230 forcible entry or detainer action, amount due may be included in judgment 59.18.410 increase presumptions relating to 59.18.250 reprisal or retaliation, when 59.18.240 liability of tenant upon abandonment 59.18.310 nonpayment, when allowed 59.18.090 paid into court, unlawful detainer action 59.18.380 payment of condition of exercise of tenant’s remedies 59.18.080 duty of tenant 59.18.130 exceptions 59.18.080 tenant’s remedies conditioned upon 59.18.080 when not required 59.18.090 receipts for payments, landlord to provide if requested 59.18.063 reduced, when 59.18.110 reduction in 59.18.100 refund of, when required 59.18.090 tenant’s default 59.18.310 liability upon abandonment 59.18.310 rent payment into court registry forcible entry or detainer 59.18.375 rental agreement conformance to by tenant 59.18.140 damage deposit, withholding of 59.18.260 defined 59.18.030 exemptions appearing in 59.18.360 modifications of, time effective 59.18.140 termination of, repairs, payment for 59.18.180 waiver of chapter provisions prohibited 59.18.230 written cleaning fee, withholding of 59.18.260 nonrefundable fees 59.18.285 repair of property, landlord’s duties concerning 59.18.060 repairs authorized by court or arbitrator 59.18.110 emergency, during 59.18.180 interruption of utility services, when allowed 59.18.300 landlord, by charged to tenant, when 59.18.180 tenant may be charged, when 59.18.180 payment for, tenant, when 59.18.180 by tenant 59.18.100 tenant’s responsibility, when 59.18.180 time for, determination by court or arbitrator 59.18.110 reprisals or retaliation defined 59.18.240 prohibited 59.18.240 restitution judgment for, forcible entry or detainer action 59.18.410 writ of notice 59.18.375 order, hearing, and application for 59.18.370 retaliation or reprisals defined 59.18.240 presumptions relating to 59.18.250 prohibited 59.18.240 rights, abandonment by tenant 59.18.310 rights and remedies, obligation of good faith imposed 59.18.020 rights of landlord, entry into premises, conditions for 59.18.150 rules of tenancy conformance to by tenant 59.18.140 effective date, time of 59.18.140 safety affected by noncompliance 59.18.180 public policy of state 59.18.360 sanitary housing, public policy of state 59.18.360 satisfaction of judgment in forcible entry or detainer action 59.18.410 screening of tenants costs, notice to tenant 59.18.257 service of process, alternatives to personal service 59.18.055 services reduction of, reprisal or retaliation, when 59.18.240 utility tenant intentionally causing loss of 59.18.300 termination by landlord unlawful 59.18.300 set off, assertion of answer of defendant in forcible entry or detainer action 59.18.400 forcible entry or detainer action, answer of defendant 59.18.400 tenant’s liability upon abandonment 59.18.310 shipping charges, tenant’s liability upon abandonment 59.18.310 short title 59.18.010 single family dwellings, excluded from application of act, when 59.18.415 single family residence, defined 59.18.030 smoke detection device duty of tenant 59.18.130 landlord’s duties concerning 59.18.060 storage and sale of tenant’s property notification of tenant 59.18.312 payment of storage cost 59.18.312 proceeds from sale 59.18.312 writ of restitution 59.18.312 storage charges, tenant’s liability upon abandonment 59.18.310 subpoenas arbitrator may issue 59.18.330 issuance by arbitrator 59.18.330 substandard and dangerous conditions (2008 Ed.) LANDSCAPE ARCHITECTS certification by government agency 59.18.115 tenant’s remedies, procedure 59.18.115 suit, costs of, recoverable, when 59.18.230 superior court jurisdiction, arbitration proceedings 59.18.330 orders, jurisdiction to issue in relation to arbitration 59.18.330 tenancy deposit to secure, landlord’s duties 59.18.253 forfeiture of, forcible entry or detainer action 59.18.410 month to month, when construed to be 59.18.200 period of 59.18.200 year to year, abolished, exceptions 59.18.210 periodic, termination of 59.18.220 termination of notice 59.18.200 periodic 59.18.220 year to year, requirements for 59.18.210 tenant abandonment, liability for rent and damages 59.18.310 actions of, good faith and lawful 59.18.240 charged for repairs, when 59.18.180 complaints against landlord, cause for 59.18.240 defective conditions, repair of 59.18.100 defenses to unlawful detainer action 59.18.180 defined 59.18.030 deposits, withheld, when 59.18.260 duties of performance, security for, retention of 59.18.280 performance of, security for 59.18.260, 59.18.270 rent, utilities payment of 59.18.080 eviction of, reprisal or retaliation, when 59.18.240 exclusion of children or conversion to condominium, notice 59.18.200 failure to comply with duties, landlord’s remedies 59.18.180 remedy defective conditions 59.18.160 good faith and lawful actions 59.18.240 landlord’s reprisal or retaliation 59.18.250 holdover on premises, unlawful except under court order 59.18.290 noncompliance entry by landlord, when 59.18.180 notice of by landlord 59.18.190 unlawful detainer, grounds for 59.18.180 notice of termination of tenancy 59.18.200 obligations, performance of, security for, trust account 59.18.270 property, personal recovery of 59.18.230 taken or detained by landlord 59.18.230 taking by landlord 59.18.230 protection of rights and remedies 59.18.240 remedies bar to arbitration, when exercise of constitutes 59.18.320 landlord’s failure to carry out duties 59.18.100 removal or exclusion from premises by landlord 59.18.290 utility services, termination by landlord 59.18.300 removal or exclusion from premises remedies 59.18.290 unlawful except under court order 59.18.290 repair of defective conditions 59.18.100 rights approval by attorney of exemptions from this chapter 59.18.360 (2008 Ed.) occupancy of premises 59.18.290 possession of premises 59.18.290 utility services 59.18.300 rights and remedies, protection of 59.18.240 vacation of premises, when 59.18.120 tenant’s duties 59.18.130 failure to carry out, notice by landlord, contents 59.18.170 rules, conformance to 59.18.140 tenant’s property, proceeds from landlord’s sale of upon abandonment 59.18.310 tenant’s remedies prerequisite, payment of rent, utilities 59.18.080 rent, utilities payment of as prerequisite of exercise 59.18.080 termination of rental agreement payment for repairs 59.18.180 retention of deposit, statement relating to required 59.18.280 return of deposit 59.18.280 tenant’s removal or exclusion from premises 59.18.290 termination of tenancy defective conditions, when 59.18.120 deposits, return of 59.18.260 exclusion of children or conversion to condominium, notice 59.18.200 notice of, armed forces exemption 59.18.200 notice of, requirements for 59.18.200 time of 59.18.220 time of, armed forces exemption 59.18.220 threatening behavior tenant duty regarding 59.18.180 termination of rental agreement 59.18.352, 59.18.354 time for completion of arbitration 59.18.350 time limits, landlord’s duties 59.18.070 time requirements, termination of tenancy 59.18.200 trust account moneys held as security deposit, receipt of interest 59.18.270 notice of depositary to tenant 59.18.270 unlawful detainer action may be commenced, when 59.18.180 bar to arbitration, when 59.18.320 bond prior to final judgment 59.18.380 claims under 59.18.230 defenses 59.18.180 judgment and order 59.18.380 procedure regarding action for 59.18.370 rent payment into court registry 59.18.375 stay of order 59.18.380 unlawful detainer, See also LANDLORD AND TENANT, subtitle Residential landlord-tenant act, actions and proceedings; LANDLORD AND TENANT, subtitle Residential landlordtenant act, forcible entry or detainer unlawful detainer actions distressed home, previously 59.18.363 summons, form 59.18.365 utilities payment of tenant’s remedies conditioned upon 59.18.080 utility services tenant intentionally causing loss of 59.18.300 termination by landlord 59.18.300 time for landlord to remedy defect 59.18.070 vacation of premises, time for, reasonable, determination by court or arbitrator 59.18.120 waiver fee, arbitration 59.18.340 prohibitions against, lease waiving provisions of chapter 59.18.230 water landlord’s duties concerning 59.18.060 termination of service by landlord 59.18.300 time for landlord to remedy defect 59.18.070 wear and tear, normal, deposit may not be withheld for 59.18.260 writ of restitution how obtained 59.18.370 notice 59.18.375 service 59.18.390 written agreement arbitration, submission to 59.18.320 exemptions from certain provisions of this chapter 59.18.360 yearly tenancies, abolished, exceptions 59.18.210 Residential property, inapplicability of chapter 59.04 RCW 59.04.900 Service of process, alternatives to personal service 59.18.055 Substandard and dangerous conditions certification by government agency 59.18.115 tenant’s remedies, procedure 59.18.115 Tenancies from month to month construed as periodic 59.04.020 termination notice, time to be given 59.04.020 year to year, abolition unless express written contract 59.04.010 Tenancy by sufferance liability of tenant for rent 59.04.050 termination 59.04.050 when deemed 59.04.050 Termination of tenancies, when deemed 59.04.030 Threatening another tenant with deadly weapon notification of landlord 59.18.075 Unclaimed property landlord, held by as result of sheriff’s sale 63.29.133 Unlawful detainer criminal provisions 59.12.030 Unlawful entry and detainer definitions 59.16.010 parties to action 59.16.040 pleadings allegation of plaintiff 59.16.030 answer, statement of claim 59.16.020 complaint, oath 59.16.020 denial of ownership by defendant 59.16.030 trial of separate issues 59.16.040 Unlawful holding by tenant jurisdiction of court 59.08.020 proceedings for recovery of possession 59.08.020 Utilities tenant delinquencies 87.03.445 Waste, when commission of waste constitutes unlawful detainer 59.12.030 Writ of execution recall of, bond 59.08.080 service and execution by sheriff 59.08.060 LANDSCAPE ARCHITECTS Board of registration membership, qualifications and appointment 18.96.040 powers and duties 18.96.060 terms and vacancies 18.96.050 travel expenses and compensation 18.96.050 Definitions 18.96.030 Registration application and fees 18.96.080 certificate 18.96.150 examinations 18.96.080, 18.96.090 fees 18.96.110 lost or destroyed certificate, reissuance 18.96.140 qualifications and educational requirements 18.96.070 reciprocity to out-of-state applicants 18.96.100 renewal and reinstatement 18.96.110 required 18.96.010, 18.96.020 seal of registered landscape architect 18.96.150 [RCW Index—page 433] LARCENY suspension for nonpayment or default on educational loan or scholarship 18.96.190 Uniform regulation of business and professions act 18.96.200 Violations enforcement 18.96.180 hearings 18.96.060 penalty 18.96.170 seal, unlawful use 18.96.160 unprofessional conduct 18.96.120 LARCENY (See CRIMES) LASERS Unlawful discharge, penalties Ch. 9A.49 LAW ENFORCEMENT CHAPLAINS Duties 41.22.040 Legislative findings 41.22.010 Local law enforcement agencies may use volunteers 41.22.030 State patrol may use volunteers 41.22.020 LAW ENFORCEMENT COMMUNICATIONS NETWORK Charges for use 43.89.010 Cities and counties, participation 43.89.030 Connections with other systems 43.89.010 Transfer of powers and duties to state patrol 43.89.040 Transfer of powers and duties to state patrol, effect 43.89.050 LAW ENFORCEMENT OFFICERS (See also CONSTABLES; PEACE OFFICERS; POLICE; SHERIFFS; STATE PATROL) Alcoholic beverages report of seizure 66.32.090 Chief of police eligibility criteria 35.21.333, 35.21.334 vacancies 35.21.335 Child abuse child taken into custody statement to parents 26.44.110 reporting duties 26.44.030 records maintained by agencies 26.44.035 response by more than one agency, procedure for coordination 26.44.035 Child abuse and neglect training 43.101.365, 43.101.370 Child sexual abuse investigation 26.44.180, 26.44.185, 26.44.190 investigator training 43.101.224 Criminal identification, See STATE PATROL, subtitle Identification and criminal history section Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Cruelty to animals, powers and duties Ch. 16.52 Dangerous weapons exemption 9.41.250 Disarming a law enforcement or corrections officer, definition and elements 9A.76.023, 9A.76.025, 9A.76.027 Disposition form and report prosecuting attorney to send to state patrol 10.98.090 state patrol sole recipient for federal transmission 10.98.070 transmitted to prosecuting attorney 10.98.050 Dog handler using police dog in line of duty, immunity from liability 4.24.410 Domestic violence arrests 10.31.100 foreign protection order full faith and credit act Ch. 26.52 immunity for arresting officer 26.09.300, 26.50.140 no-contact order enforcement 10.99.055 procedure for issuing and entering 10.99.045 [RCW Index—page 434] sentence conditions and procedures 10.99.050 statewide notice 10.99.040 policy on violence committed by officers 10.99.090 protection orders computer entry for statewide notice 26.09.060 computer entry to constitute statewide notice, requirements 26.50.100 ex parte temporary order for protection penalties, prerequisite, duty to serve copy of order 26.50.115 issuance, assistance by peace officer 26.50.080 personal service exceptions 26.50.090 Domestic violence, official response, See DOMESTIC VIOLENCE Driving record, abstract of information to be excluded from record 46.52.130 Ethnic and cultural diversity training required to incorporate cultural sensitivity and awareness into law enforcement activities 43.101.280 False arrest insurance cities and towns 35.23.460 Fingerprints judge to order 10.98.050 Fingerprints and identifying data transmit to state patrol identification and criminal history section 10.98.050 Firearms confiscation by officer of firearm subject to forfeiture authorized 9.41.098 Fires, investigation and police power 43.44.050, 48.48.060 Immunity response to secure community transition facility 4.24.551 Impersonation, criminal 9A.60.045 Juvenile runaways, policy manual of statutes regarding 43.101.300 Law enforcement medal of honor award of medal 41.72.030 design of medal 41.72.050 establishment 41.72.010 establishment of qualifications 41.72.020 law enforcement medal of honor committee 41.72.020 posthumous award of medal 41.72.040 rulemaking authority 41.72.020 Law enforcement training standards and education, board on 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340 Liquor law enforcement resisting or opposing officer, penalty 66.44.370 Lost and found property duties of 63.21.050 Malicious harassment and other crimes of bigotry and bias training required in the identification of, response to, and reporting of violations 43.101.290 Malicious harassment information repository reporting and dissemination 36.28A.030 Malicious prosecution claim by a law enforcement officer 4.24.350 Marshals eligibility criteria 35.21.333, 35.21.334 vacancies 35.21.335 Missing persons 68.50.320 Motorist’s duty to obey officer’s orders 46.61.021 Mutual aid peace officers powers authority and power attorney general 10.93.110 exemptions 10.93.140 federal peace officers 10.93.100 general authority officer 10.93.070 limited authority officer 10.93.080 specially commissioned peace officer 10.93.090 contracting authority of law enforcement agencies 10.93.130 definitions 10.93.020 effective date 10.93.900 fresh pursuit 10.93.120 liability for acts undertaken pursuant to chapter 10.93.040 privileges and immunities of officers, agents, employees 10.93.060 report of authority undertaken pursuant to chapter 10.93.030 supervisory control 10.93.050 Overtime compensation 49.46.130 Peer support group counselors, privileged communications 5.60.060 Police dogs immunity from liability for handler using dog in line of duty 4.24.410 Privacy unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Racial profiling 43.101.410 Records exchange with school districts notification of parents and students 28A.600.475 Reflective warning devices placed on cars broken down on shoulder 46.37.450 Reserve officers city legislative body members, service as 35.21.770 employment protection 49.12.460 optional municipal code city council members authorized to serve as 35A.11.110 Retired firearms certificates 36.28A.090 Sexual assault investigation training 43.101.270 State identification number state patrol to furnish 10.98.080 Strip and body cavity searches, See JAILS, subtitle Strip, body cavity searches Supervision management and recidivist tracking system (SMART) 43.10.095, 43.10.097 Training basic law enforcement required for new personnel 43.101.200 child abuse and neglect training 43.101.365, 43.101.370 core requirements 43.101.350 education at approved existing institutions 43.101.170 Indian tribes certification 43.101.157 noncertified, training 43.101.230 priorities 43.101.180 report to legislature 43.101.360 Tribal police officers Ch. 10.92 Volunteer industrial insurance coverage 51.12.140 LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS—RETIREMENT (See RETIREMENT AND PENSIONS, subtitle Law enforcement officers and fire fighters) LAW ENFORCEMENT OFFICERS’ AND FIREFIGHTERS’ RETIREMENT SYSTEM Generally Ch. 41.26 LAW REVISION COMMISSION Civil service exemptions 41.06.083 LAWS (See ORDINANCES AND RESOLUTIONS; REVISED CODE OF (2008 Ed.) LEGAL AID WASHINGTON; SESSION LAWS; STATUTES) LAWYERS (See ATTORNEYS AT LAW) LEAD-BASED PAINT Activities program Ch. 70.103 LEAP (See LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE—LEAP) LEASES (See also FORCIBLE ENTRY AND DETAINER; LANDLORD AND TENANT; REAL PROPERTY) Airports department of transportation authority 47.68.140 Airspace, conveyance or lease by cities of the first and second class 35.22.302 Cities and towns airspace, first and second class cities 35.22.302 leases with or without option to purchase authorized 35.42.200 off-street parking facilities 35.86.040, 35.86.060, 35.86.080, 35.86A.120 property acquired at local improvement proceedings 35.53.030 public transportation systems, financing, lease for operation and maintenance of 35.95.050 public utilities 35.94.010, 35.94.020, 35.94.030 surplus property 35.94.040 real property in community renewal areas 35.81.090, 35.81.095 waterways and canals located in fill areas 35.56.220 Commercial real estate broker lien act Ch. 60.42 Consumer leases definitions 63.10.020 disclosure requirements 63.10.040 expiration, lessee’s liability attorney fees 63.10.030 legislative declaration 63.10.010 remedies 63.10.055 residual value at expiration 63.10.030 unlawful acts or practices 63.10.045 usury 63.10.060 violation is an unfair act or practice, damages 63.10.050 Consumer leases, See also UNIFORM COMMERCIAL CODE, subtitle Leases (Article 2A) Consumer leases not loan or forbearance, when 19.52.010 Contracts Ch. 62A.2A Counties competitive bids 36.32.240 competitive bids, procedure 36.32.253 county hospitals, competitive bids 36.32.240 purchasing department 36.32.240 County property agricultural fairs 36.34.145 to federal or state government or political subdivision, authorized 39.33.010 generally Ch. 36.34 long term to United States 36.34.310 County roads, along airspace above or below, authority, limitation 36.75.040 Destruction, conversion, sale, removal, etc. of personal property to avoid lease or rental agreement, penalty 9.45.060 Discrimination damages for unfair practices involving real property 49.60.225 freedom from, rights enumerated 49.60.030 restrictive covenants prohibited 49.60.224 Ejectment and quieting title actions, performance of in actions against tenant on failure to pay rent 7.28.250 Energy audits, state occupied facilities 43.19.685 Execution, sale under, sale not subject to redemption if lease under two years 6.21.080 Harbor area (2008 Ed.) assessments 35.44.150 wharves, building of Const. Art. 15 § 2 Lease-purchase agreements advertising liability 63.19.090 requirements 63.19.090 application of lease-purchase agreement act 63.19.020 content restrictions 63.19.050 definitions 63.19.010 disclosure by lessor contents of agreement 63.19.040 requirements 63.19.030 new agreements renegotiation between same lessor and consumer disclosure requirements 63.19.080 events not considered renegotiation 63.19.080 receipts for payments lessor’s duty to provide 63.19.070 reinstatement by consumer terms 63.19.060 upholstered furniture or bedding used, sanitizing required before leasing 63.19.100 violation is unfair or deceptive act or practice 63.19.110 Lease-purchase agreements not loan or forbearance, when 19.52.010 Manufactured homes, mobile homes, commercial coaches, recreational vehicles, and park trailers, safety regulations, compliance required 43.22.340 Military property 38.12.020 Moral nuisances, voiding of lease, repossession by owner 7.48.085 Motor vehicles subleasing or transfer, unlawful practices Ch. 19.116 Multi-purpose community centers, use or operation of facilities 35.59.080 Municipal pollution control facilities 70.95A.060 National guard property 38.12.020 Off-street parking facilities, cities and towns 35.86A.120 Pea patches, municipal, transmission right of ways 35.92.370 Personal property subject to lease or rental agreement conversion, destruction, sale, removal, etc. to avoid, penalty 9.45.060 failure to return property, penalty 9.45.060 warranty, disclaimer of, merchantability or fitness limitation, exceptions 63.18.010 Port district property generally 53.08.080 security for rent, waiver permitted 53.08.085 Probate administrator cannot lease property unless directory powers in will 11.28.070 approval of form by court 11.56.045 court may order 11.56.010 order directing lease 11.56.045 validity 11.56.045 Probate, See also PROBATE, subtitle Real property Public lands agricultural lands 15.04.090 lease of for storage of natural gas 80.40.060 Recording 65.04.030 Residential landlord-tenant act applicability to prior, existing, or future leases 59.18.430 School districts buildings, security systems, computers, equipment extended terms, authorized 28A.335.170 Single family dwelling excluded from application of landlord-tenant act 59.18.415 State agencies real property, terms and use of proceeds 43.17.360 State lands, See PUBLIC LANDS, subtitle State lands State-owned lands agricultural fairs 36.37.150 Northern State Hospital, lands adjacent to 36.37.160 Tax on leasehold interests Ch. 82.29A Termination of, gambling, premises used for 4.24.080 Theft of rental, leased, or lease-purchased property 9A.56.096 Tidelands, See TIDELANDS, subtitle Lease of Toll roads, lease to governmental entities to use facilities authorized 47.56.253 Trustees, powers to lease property 11.98.070 Utility facilities, federal holding compliance, commission approval 80.04.520 Wharves, cities and towns, first class cities, limitation upon 35.22.410 LEASES WITH OPTION TO PURCHASE Lease-purchase agreement act violation is unfair or deceptive act or practice 63.19.110 Lease-purchase agreements advertising liability 63.19.090 requirements 63.19.090 application of lease-purchase agreement act 63.19.020 consumer leases definitions 63.10.020 content restrictions 63.19.050 definitions 63.19.010 disclosure by lessor contents of agreement 63.19.040 requirements 63.19.030 new agreements renegotiation between same lessor and consumer disclosure requirements 63.19.080 events not considered renegotiation 63.19.080 receipts for payments lessor’s duty to provide 63.19.070 reinstatement by consumer terms 63.19.060 upholstered furniture or bedding used, sanitizing required before leasing 63.19.100 LEAVES OF ABSENCE Inmates at correctional facilities, See CORRECTIONAL FACILITIES, subtitle inmates School employees 28A.400.300 LEGACY PROJECT, WASHINGTON STATE (See SECRETARY OF STATE, subtitle Legacy project) LEGAL AID Assistance independent of county support 2.50.140 Attorney’s fee 2.50.110 Chapter not exclusive 2.50.160 City of any class, appropriation of funds for 2.50.125 Civil dissolution cases, task force 2.53.040 legislative findings 2.53.005 office created, director’s duties 2.53.020 oversight committee 2.53.010 public safety and education account, use 2.53.030 Code city, appropriation of funds for 2.50.125 County funds available for 2.50.120 expenditure of 2.50.140, 2.50.160 Court costs 2.50.110 Declaration of necessity by county commissioners 2.50.040, 2.50.160 revocation of 2.50.130 [RCW Index—page 435] LEGAL HOLIDAYS Defined 2.50.010 Donations for 2.50.090 Indigents, civil representation of public safety and education account funding for 43.08.250 Legal aid bureau creation of 2.50.060 defined 2.50.050 supervision over 2.50.060, 2.50.080 Legal aid county committee authority over 2.50.060 creation of 2.50.070 legal aid supervisory powers 2.50.080 members 2.50.070 Limitations upon giving 2.50.100 Public interest, declared to be in 2.50.010, 2.50.160 Registration fees 2.50.090 LEGAL HOLIDAYS (See HOLIDAYS) LEGAL NOTICES (See NOTICES; PUBLICATION OF LEGAL NOTICES) LEGAL PROCEEDINGS, INTERPRETERS IN Appointment Ch. 2.42 LEGAL SEPARATION (See also DISSOLUTION OF MARRIAGE) Actions 26.09.010 Affidavits custody modification 26.09.270 temporary custody 26.09.270 temporary orders 26.09.060 Answer 26.09.010 Appointment of attorney 26.09.110 Attorneys’ fees, litigation costs 26.09.140 Bigamy 26.09.040 Child custody invalidity 26.09.060 investigation and report 26.09.220 modification 26.09.260 separation 26.09.060 Child support apportionment of expenses 26.09.100 authority 26.09.100 invalidity 26.09.040, 26.09.050, 26.09.060 marital misconduct 26.09.100 modification 26.09.070, 26.09.170 relevant factor 26.09.100 separation 26.09.060 contract 26.09.070 temporary 26.09.060 Children consent for psychiatric care 26.09.220 legitimacy 26.09.040 molesting, temporary orders 26.09.160 as petitioners 26.09.040 removal from jurisdiction, temporary orders regarding 26.09.060 Civil rules 26.09.010 Clerk of court, payments 26.09.120 Coercion 26.09.030 Cohabitation 26.09.040 Consanguinity 26.09.040 Conversion to decree of dissolution 26.09.150 Costs, litigation costs 26.09.140 Counseling service 26.09.030 Court orders required warning, orders containing parenting plan provisions, contempt orders 26.09.165 Custody proceeding evidence 26.09.210 intervention 26.09.280 interviewing child 26.09.210 investigation reports 26.09.220 venue 26.09.080, 26.09.280 Decree appeals 26.09.150 dissolution 26.09.010 finality 26.09.150 modification 26.09.070, 26.09.280 no awards 26.09.010 separation contract 26.09.070 [RCW Index—page 436] validity of marriage 26.09.040 Delinquent support payments under temporary order effect of final decree 26.09.060 Department of social and health services, payments 26.09.120 Dependent children, guardian ad litem 26.09.110 Designation of proceedings 26.09.010 Diagnosis, requests 26.09.220 Dismissals 26.09.030 Disobedience of decree or order 26.09.160 Disposition of property and liabilities 26.09.080 Duress 26.09.040 Enforcement separation contract 26.09.070 venue 26.09.280 Enforcement of contract, contempt 26.09.070 Evidence 26.09.210, 26.09.220 Failure to comply with decree or order, obligation to make payments or permit visitation 26.09.160 Family courts 26.09.030 Family home 26.09.060, 26.09.080 Fees, litigation costs 26.09.140 Finality of decree 26.09.150 Findings coercion 26.09.030 custody modification 26.09.270 fraud 26.09.030 irreparable injury for temporary restraining order 26.09.060 marriage irretrievably broken 26.09.030 temporary custody, adequate cause 26.09.270 unfairness of separation contract 26.09.070 visitation endangering child 26.09.240 Foreign marriage 26.09.040 Forma pauperis, guardian ad litem 26.09.110 Fraud 26.09.040 inducing petition 26.09.030 Guardian ad litem allowance for fees, litigation costs 26.09.110 Indigency, guardian ad litem 26.09.110 Interpretive, literacy, and other services 26.09.013 Judgment 26.09.010 changing venue 26.09.280 Jurisdiction acts submitting person to state jurisdiction 4.28.185 Juvenile courts, referrals for advice 26.09.210 Legitimacy 26.09.040 Liability disposition invalidity 26.09.050, 26.09.060 marital misconduct 26.09.080 separation 26.09.060 In lieu of dissolution of marriage 26.09.030 Literacy assistance and other services 26.09.013 Litigation costs 26.09.140 Marital misconduct child support 26.09.100 not relevant 26.09.080 spousal maintenance 26.09.090 Marital status 26.09.010 Mediation proceedings 26.09.015, 26.09.016 Mental incapacity 26.09.040 Modification 26.09.070 child support 26.09.170 health insurance 26.09.170 property disposition 26.09.170 spousal maintenance 26.09.170 venue 26.09.280 Motions custody modification 26.09.270 payment methods 26.09.120 temporary custody 26.09.270 temporary orders 26.09.060 for validity 26.09.040 Name change 26.09.150 Obligations separation contract 26.09.070 Parties armed forces member 26.09.030 residence 26.09.030 Payments litigation costs 26.09.140 methods 26.09.120 termination death, remarriage 26.09.170 visitation 26.09.160 Petition, contents 26.09.020 Pleading petition 26.09.010 preliminary injunction 26.09.060 response 26.09.010 show cause 26.09.270 temporary restraining order 26.09.060 Preliminary injunction effect, scope, termination 26.09.060 Proceedings 26.09.010 Professional service, referrals to juvenile court 26.09.210 Property disposition by duress 26.09.080 generally 26.09.060 invalidity 26.09.040, 26.09.050, 26.09.060 marital misconduct 26.09.080 modification 26.09.170 separation 26.09.060 separation contract 26.09.070 Psychiatric information, request 26.09.220 Reconciliation 26.09.030 Recording 26.09.070 Respondent invalidity actions 26.09.040 service of summons 26.09.030 Response 26.09.010 Restraining orders issuance of order in dissolution decree, procedure 26.09.050, 26.09.060 Separation contracts 26.09.070 termination of payment 26.09.170 Services to parties in dissolutions and legal separations 26.09.013, 26.12.260 Show cause 26.09.270 Spousal maintenance authority of court 26.09.090 consideration 26.09.090 financial resources 26.09.090 invalidity 26.09.040, 26.09.050, 26.09.060 marital misconduct 26.09.090 modification, termination 26.09.170 payments 26.09.120 separation 26.09.060 contract 26.09.070 temporary 26.09.060 venue 26.09.280 Summons 26.09.030 Temporary orders maintenance, support, termination 26.09.060 restraining order or preliminary injunction 26.09.060 Termination of child support 26.09.170 death of parent, emancipation 26.09.170 spousal maintenance obligation 26.09.170 Time limits 26.09.030 conversion of separation to dissolution 26.09.150 Transmittal of certificate to state registrar of vital statistics 26.09.150 Trial, jury dispensed with 26.09.010 Validity of marriage procedure 26.09.040 venue 26.09.280 Venue 26.09.010, 26.09.280 Visitation 26.09.050 interview of child 26.09.210 invalidity action 26.09.040 modification 26.09.070, 26.09.240 separation contract 26.09.070 terms with payments 26.09.160 (2008 Ed.) LEGISLATURE LEGAL SERVICES (See ATTORNEYS AT LAW) LEGEND DRUGS (See DRUGS, subtitle Prescription drugs) LEGISLATIVE AUDIT AND REVIEW COMMITTEE Agency documents furnished to committee 44.28.097 Appropriations, examination 44.28.080 Budget and accounting system deemed legislative branch for purposes of 43.88.230 Contempt proceedings 44.28.120 Continuation of memberships and powers 44.28.030 Cooperation with legislative committees and interstate research organizations 44.28.150 Definitions 44.28.005 Education performance agreement pilot evaluation 44.28.156 Environmental and forest restoration, program implementation evaluation 43.21J.800 Executive committee membership and duties 44.28.060 Federal funds and programs, state acceptance and participation, notice and progress reports of to 43.88.205 Fiscal matters of state, examination and reports 44.28.080 Health disparities, governor’s interagency coordinating council on review 44.28.810 Improvement of state government efficiency 44.28.080 Legislative auditor duties 44.28.065 selection 44.28.060 Members appointment 44.28.010 expenses 44.28.040, 44.28.050 terms 44.28.020 vacancies 44.28.020 Mental illness, persons with evaluation of legislation affecting 44.28.800 Minutes 44.28.100 Motor vehicle excise tax repeal city and county assistance review, report 44.28.805 Oaths, power to administer 44.28.110 Oversight 44.04.260 Performance audits committee’s powers and duties 44.28.080 compliance reports 44.28.091 conduct 44.28.071 legislative auditor’s duties 44.28.065 preliminary and final reports 44.28.088 scope 44.28.075 transportation-related 44.28.161 work plans 44.28.083 Personal service contracts filing of contracts with committee 39.29.055 Purchases, emergency, state officers, etc., duties relating to 43.19.200 Quality control review of joint committee 44.28.094 Records, books and accounts, power to examine 44.28.110 Reports to legislature and public 44.28.100 Rule making power 44.28.060 Streamlined sales and use tax mitigation, review 44.28.815 Subpoena power 44.28.110 Sunset termination and review of state entities Ch. 43.131 Tax preferences, duties Ch. 43.136 Witnesses 44.28.110, 44.28.130 WorkFirst program evaluation 44.28.155 (2008 Ed.) LEGISLATIVE BUDGET COMMITTEE (See LEGISLATIVE AUDIT AND REVIEW COMMITTEE) LEGISLATIVE DISTRICT BOUNDARIES Defined Ch. 44.07D LEGISLATIVE ETHICS (See LEGISLATURE, subtitle Ethics) LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE—LEAP Administrator appointment 44.48.120 duties 44.48.120 Budget and accounting system deemed legislative branch for purposes of 43.88.230 Composition 44.48.010 Continuity of membership, powers, duties 44.48.030 Cooperation with legislative committee and others 44.48.140 Created 44.48.010 Duties 44.48.080 Employment of staff appointment 44.48.120 duties 44.48.120 Exemption from data processing authority 44.48.130 Expenses of committee, vouchers 44.48.050 members 44.48.040 LEAP, defined 44.48.070 Members terms 44.48.020 travel expenses 44.48.040 Minutes 44.48.100 Officers 44.48.060 Oversight 44.04.260 Powers 44.48.090 Purpose and responsibility 44.48.070 Reports to the legislature 44.48.100 Rules 44.48.060 Severability 44.48.900 State expenditure information web site 44.48.150 Vacancies 44.48.020 Witness fees 44.48.110 LEGISLATIVE JOURNALS (See LEGISLATURE, subtitle Journals) LEGISLATURE Accounting for state receipts and expenditures to be prescribed by Const. Art. 7 § 7 Acid rain notified if critical levels reached 70.94.875 Acts and resolutions certification and delivery of copies to statute law committee 44.20.020 citation of acts 44.20.020 numbering of laws by secretary of state 44.20.020 secretary of state custodian of 43.07.040 Acts and resolutions, See also SESSION LAWS Adjournments, when made, time limit Const. Art. 2 § 11 Appointees to, emoluments of office 43.03.015 Apportionment Ch. 44.07D, Const. Art. 22 § 1, Const. Art. 22 § 2 new, when made Const. Art. 2 § 3 Appropriations accounting for by state treasurer 43.08.010 governor-elect office expenses 43.06.055 judges’ retirement fund, biennial appropriation by to guarantee solvency of 2.12.060 state general fund for schools 28A.150.380 Washington judicial retirement system, request for 2.10.080 Arrest, immunity Const. Art. 2 § 16 Attorney general advice to members 43.10.030 opinions for members and committees 43.10.030 Attorneys retention of legislature’s own choosing 43.10.045 Authority, generally Const. Art. 2 § 1 Bill drafting amendment or repeal to include reference to code number 1.08.050 code reviser 1.08.027 validity or constitutionality of measures, code reviser not required to give opinion 1.08.028 Bills amendment may be by either house Const. Art. 2 § 20 amendment not to change scope of bill Const. Art. 2 § 38 amendment or repeal to include reference to code number 1.08.050 certification and delivery of copies to statute law committee 44.20.020 code reviser, bill drafting 1.08.027 either house may originate bills Const. Art. 2 § 20 engrossed bill, filing with secretary of state 44.20.010 fiscal notes, local government Ch. 43.132 fiscal notes, state government Ch. 43.88A initiative measure Const. Art. 2 § 1 introduction of, time limitation Const. Art. 2 § 36 judicial impact, judicial impact notes 2.56.120 numbering when becoming law 44.20.020 passage final, by either house, requisites of Const. Art. 2 § 22 passage over governor’s veto Const. Art. 3 § 12 presentation to governor for approval governor may sign or veto Const. Art. 3 § 12 when becomes law without approval Const. Art. 3 § 12 printing specifications 43.78.080 private interest in to be disclosed, vote prohibited Const. Art. 2 § 30 scope of not to be changed by amendment Const. Art. 2 § 38 subject, restricted to one Const. Art. 2 § 19 subject to be expressed in title Const. Art. 2 § 19 time of taking effect Const. Art. 2 § 41 title of, to express subject Const. Art. 2 § 19 validity or constitutionality of measures, code reviser not required to give opinion 1.08.028 veto of power of governor Const. Art. 3 § 12 separate sections subject to Const. Art. 3 § 12 vote on how taken Const. Art. 2 § 22 Bribery of members, penalty Const. Art. 2 § 30 Budget and accounting system budget estimates 43.88.090 review of budget document 43.88.060 Business professions, regulation guidelines Ch. 18.118 Certified health plans uniform benefits package disapproval by legislature, submission of modified package by health services commission 43.72.180 Children’s oversight committee, membership and powers 44.04.220 Cities, incorporation by general laws to be provided Const. Art. 11 § 10 Claims against the state housing finance commission 4.92.040 payment procedure 4.92.040 payments, report of 4.92.040 Classification of counties Const. Art. 11 § 5 Combinations affecting prices, etc., punishment to be provided Const. Art. 12 § 22 [RCW Index—page 437] LEGISLATURE Commission to examine absent witnesses, See LEGISLATURE, subtitle Hearings and inquiries Committee hearings and inquiries, See LEGISLATURE, subtitle Hearings and inquiries Committees, oversight 44.04.260 Compensation of county and local officers to be regulated, delegated Const. Art. 11 § 5 public officers, not to be increased during term, extra compensation prohibited Const. Art. 2 § 25 Composition and organization adjournment, restrictions on Const. Art. 2 § 11 apportionment of members Ch. 44.07D, Const. Art. 22 § 1, Const. Art. 22 § 2 new, when made Const. Art. 2 § 3 attendance of absentee members, less than quorum may compel Const. Art. 2 § 8 authority, generally Const. Art. 2 § 1 bribery of members, how punished Const. Art. 2 § 30 compensation 43.03.010 consists of senate and house of representatives Const. Art. 2 § 1 contempts punishable by each house Const. Art. 2 § 9 convening in extraordinary session at call of governor Const. Art. 3 § 7 election of members, each house judge of Const. Art. 2 § 8 eligible to membership, who are Const. Art. 2 §7 expulsion of member Const. Art. 2 § 9 journal, each house to keep and publish Const. Art. 2 § 11 members compensation 43.03.010 mileage allowance Const. Art. 2 § 23 number of members Const. Art. 2 § 2 office accepted under United States vacates seat Const. Art. 2 § 14 officers, each house to elect its own Const. Art. 2 § 10 quorum, majority to constitute Const. Art. 2 § 8 reapportionment after each census Const. Art. 2§3 rules of proceedings, each house to determine Const. Art. 2 § 9 sessions annual Const. Art. 2 § 12 to be open, exception Const. Art. 2 § 11 special, may be convened by governor Const. Art. 2 § 12, Const. Art. 3 § 7 special, may be convened by legislature Const. Art. 2 § 12 time of meeting Const. Art. 2 § 12 vacancies how filled Const. Art. 2 § 15 term of person elected to fill 42.12.030 when 42.12.040 votes on elections to be viva voce Const. Art. 2 § 27 Composition and organization, See also LEGISLATURE, subtitle Members of Computer, information processing joint legislative systems committee, See LEGISLATURE, subtitle Joint legislative systems committee Computers surplus equipment, donation to schools 44.04.250 Congressional districts, state to be divided into Const. Art. 27 § 13 Contempts punishable by each house Const. Art. 2§9 Continuity of government in event of enemy attack authority Const. Art. 2 § 42 calling into session 42.14.030 proportional voting 42.14.030 [RCW Index—page 438] quorum requirements dispensed with 42.14.030 sessions during emergency 42.14.030 Counsel retention of legislature’s own choosing 43.10.045 County government, system of to be established Const. Art. 11 § 4 Crimes relating to contempt of witnesses 44.16.130 hearings and inquiries, witnesses refusing to attend or testify 44.16.120 witnesses refusing to attend and answer when summoned 9.55.020, 44.16.120 Criminal justice costs, county petition for reimbursement of extraordinary costs 43.330.190 disposition form and report annual audit 10.98.100 Data processing expenditures, state agency authorization by legislature required, penalties for violations 43.105.210 Debate, sound recordings, preservation 40.14.170 District boundaries, defined Ch. 44.07D District court judges determination of number by weighted caseload analysis 3.34.020 Divorces not to be granted by Const. Art. 2 § 24 Drugs and medicines, sale to be regulated Const. Art. 20 § 2 Economic development and international relations, committee on Ch. 43.15 Elections contest of election of members 44.04.100 judge of own elections Const. Art. 2 § 8 members Const. Art. 2 § 5, Const. Art. 2 § 6 Eligibility to membership Const. Art. 2 § 7 Employees vouchers for payment of 44.04.050 warrants for payment of 44.04.050, 44.04.051 Enactment of laws act, how revised or amended Const. Art. 2 § 37 amendment of bill Const. Art. 2 § 38 bill to contain but one subject Const. Art. 2 § 19 emergency clause Const. Art. 2 § 1 enacting clause Const. Art. 2 § 18 introduction, time limitation Const. Art. 2 § 36 laws to be enacted by bill Const. Art. 2 § 18 presiding officer of each house to sign bills Const. Art. 2 § 32 rules for signing bills may be prescribed Const. Art. 2 § 32 style, enacting clause Const. Art. 2 § 18 title of bill to disclose subject Const. Art. 2 § 19 veto of bill, and passage over Const. Art. 3 § 12 yeas and nays, entry on journal required, when Const. Art. 2 § 21, Const. Art. 2 § 22 Ethics activities incompatible with public duties 42.52.020 agency ethics rules 42.52.200 assisting in transactions, prohibitions 42.52.040 attorney general actions 42.52.490 attorney general investigative authority 42.52.530 citizen actions 42.52.460 compensation for official duties or nonperformance 42.52.110 compensation for outside activities 42.52.120 confidential information, release of 42.52.050 construction of ch. 42.52 RCW 42.52.901 definitions 42.52.010 disciplinary action 42.52.520 financial interests in transactions 42.52.030 former state officer or employee employment 42.52.080 rendering assistance, limitations 42.52.090 restrictions on appearing before agency or doing business with state 42.52.100 gift, loan, payment, transfer, or delivery of any thing of economic value to state employee 42.52.170 gifts 42.52.140, 42.52.150 honoraria 42.52.130 identifiable group or interest, service on board, committee, or commission not prevented by association with 42.52.903 investment of public funds, state officer or employee interest in, restrictions 42.52.190 legislative declaration 42.52.900 legislative ethics board 42.52.310, 42.52.320 compensation of members 42.52.550 complaint filing 42.52.410 findings of fact and enforcement action 42.52.430 hearing and subpoena authority 42.52.390 interpretation 42.52.330 investigation of complaints 42.52.420, 42.52.425 penalty assessment 42.52.480 political activities of board members 42.52.380 public hearing on complaint 42.52.430 referral of complaint for enforcement 42.52.470 review of order 42.52.440 subpoena authority, enforcement 42.52.400 transfer of jurisdiction 42.52.340 legislator, attorney general to conduct investigation of complaint against 42.52.450 limitations period 42.52.540 political campaigns, use of public resources 42.52.180 private gain, use of public resources for 42.52.160 records, improper concealment 42.52.050 special privileges prohibited 42.52.070 suspension of state action pending determination of controversy 42.52.510 testimony of state officer or employee 42.52.060 Expenses mileage allowance Const. Art. 2 § 23 warrants for incidental expenses 44.04.060, 44.04.070 Expulsion of members Const. Art. 2 § 9 Extraordinary session, when to be convened Const. Art. 3 § 7 Federal funds and programs, state acceptance and participation, notice requirements 43.88.205 Financing contracts, state approval, when required 39.94.040 Fines, remission by special law, prohibited Const. Art. 2 § 28 Gift center account 44.73.020 created, governance 44.73.010 findings 44.73.005 Governor, messages Const. Art. 3 § 6 Governor-elect, appropriation of funds for office for 43.06.055 Hazardous waste disposal federal law implementation rules, review 70.105.140 Health insurance mandated benefits Ch. 48.47 Health professions Ch. 18.120 Hearings and inquiries commission to examine absent witnesses fees of commissioner 44.16.110 interrogatories 44.16.060 issuance 44.16.040 oath administering power 44.16.070 oath of commissioner 44.16.070 recess of legislature, issuance of commission during 44.16.050 who may be designated 44.16.060 witnesses compulsory attendance 44.16.070 (2008 Ed.) LEGISLATURE contempt for refusing to attend or testify, procedure, penalty 44.16.130, 44.16.140, 44.16.150, 44.16.160 depositions 44.16.100 fees 44.16.110 mileage allowance 44.16.110 private examination 44.16.080 testimony in writing 44.16.090 records of proceedings 44.16.170 service of process 44.16.020 subpoena power 44.16.010 witnesses compulsory process 44.16.010 fees 44.16.110 mileage allowance 44.16.110 oaths, power to administer to 44.16.030 refusing to attend or testify, penalty, procedure, contempt 44.16.120, 44.16.130, 44.16.140, 44.16.150, 44.16.160 Highways, streets and bridges joint fact-finding committee, See JOINT FACT-FINDING COMMITTEE ON HIGHWAYS, STREETS AND BRIDGES Homesteads to be protected from forced sale Const. Art. 19 § 1 House of representatives apportionment among counties Const. Art. 22 §2 districts Ch. 44.07D allotment among counties Const. Art. 22 § 2 election of members terms of office Const. Art. 2 § 5 times for Const. Art. 2 § 5 first session, members, term of office Const. Art. 2 § 4 judiciary committee judicial impact notes, copies filed with 2.56.120 legislative authority vested in Const. Art. 2 § 1 members appointees, emoluments of office 43.03.015 compensation 43.03.010 compensation and mileage allowance Const. Art. 2 § 23 number 44.05.090 number of Const. Art. 2 § 2 privilege from arrest and civil process Const. Art. 2 § 16 qualifications of Const. Art. 2 § 7 salary 43.03.010 terms of office Const. Art. 2 § 5 travel, per mile, to and from sessions 43.03.010 powers generally Const. Art. 2 § 1 impeachment, sole power vested in, majority necessary to order Const. Art. 5 § 1 quorum, majority to constitute Const. Art. 2 § 8 reapportionment after each census Const. Art. 2§3 speaker secretary of state to account for expenses and purchases to 43.07.030 term limits established for members 44.04.015 transportation committee bicycle, pedestrian, and equestrian facilities comprehensive plans, review 44.04.290 vacancy, how filled Const. Art. 2 § 15 ways and means committee judicial impact notes, copies filed with 2.56.120 Housing finance commission review of rules 43.180.110 Immunity privilege from arrest and civil procedure Const. Art. 2 § 16 Information and communication functions, applicable law 44.68.080 Information service, code reviser to provide 1.08.031 Jails (2008 Ed.) emergency in population governor’s response, alternatives 9.94A.875 Joint committee on energy supply and energy conservation Ch. 44.39 Joint committee on veterans’ and military affairs 73.04.150 Joint legislative oversight committee on trade policy Ch. 44.55 Joint legislative systems committee administrative committee membership 44.68.030 powers and duties 44.68.050 travel expenses 44.68.090 coordinator duties 44.68.040 secretary of administrative committee 44.68.030 created 44.68.020 definitions 44.68.010 electronic access to legislative information 44.68.100 exemption, information services 44.68.105 members, terms, vacancies 44.68.020 oversight 44.04.260 salaries and expenses of employees 44.68.085 service center establishment, duties 44.68.060 travel expenses 44.68.090 Joint transportation committee allowances, expenses 44.04.310 created, duties 44.04.300 oversight 44.04.260 Journals custodian of 43.07.040 distribution, exchange, and sale 40.04.090 entry of yeas and nays on demand of one-sixth of members present Const. Art. 2 § 21 on final passage of bills Const. Art. 2 § 22 on introduction of bills later than ten days before close of session Const. Art. 2 § 36 on nominations of officers for state institutions, senate Const. Art. 13 § 1 on proposed Constitutional amendments Const. Art. 23 § 1 on removal of judges, attorney general, etc. Const. Art. 4 § 9 printing specifications 43.78.080 publication of, except portions requiring secrecy Const. Art. 2 § 11 secretary of state custodian of 43.07.040 votes on elections by legislature entered Const. Art. 2 § 27 Justices of the peace, number, powers and duties to be prescribed Const. Art. 4 § 10 Legislative audit and review committee, See LEGISLATIVE AUDIT AND REVIEW COMMITTEE Legislative district boundaries Ch. 44.07D Legislative districts number 44.05.090 Legislative evaluation and accountability program committee—LEAP Ch. 44.48 Legislative records, preservation 40.14.100, 40.14.110, 40.14.120, 40.14.130, 40.14.140, 40.14.150, 40.14.160, 40.14.170, 40.14.180 Legislative systems committee, See LEGISLATURE, subtitle Joint legislative systems committee Legislative ways and means committees notification that financial management director has approved creation of fund outside of state treasury 43.88.195 Medical risk adjustment mechanisms disapproval by legislature, submission of revised package by health services commission 43.72.180 Medicine and surgery, practice of, to be regulated Const. Art. 20 § 2 Members of civil offices, exclusion from Const. Art. 2 § 13 committee members, per diem and mileage allowance 44.04.120 compensation and mileage Const. Art. 2 § 23 contest of election of, procedure 44.04.100, Const. Art. 2 § 8 eligibility Const. Art. 2 § 7 federal officers Const. Art. 2 § 14 expulsion of, restrictions Const. Art. 2 § 9 insurance for while passengers or crew members of nonscheduled aircraft flight 43.01.120 mailings, restrictions 42.52.185 mileage allowance 43.03.010 vouchers for payment of 44.04.040 warrants for payment of 44.04.040, 44.04.041 nonresidence in district where elected, grounds for vacation of office, exceptions 42.12.010 number Const. Art. 2 § 2 passes, use by prohibited Const. Art. 2 § 39, Const. Art. 12 § 20 per diem 44.04.090, 44.04.120 privilege from arrest and civil process, when Const. Art. 2 § 16 reapportionment after census Const. Art. 2 § 3 resignation, to whom made 42.12.020 salary 43.03.010 amount of 43.03.010 vouchers for payment of 44.04.040 warrants for payment of 44.04.040, 44.04.041 teachers retirement, earnable compensation, limitation 41.32.4945 travel, per mile, to and from sessions 43.03.010 amount of 43.03.010 vacancies how filled Const. Art. 2 § 15 term of person elected to fill 42.12.030 when 42.12.040 Members-elect payment of per diem and expenses for meeting attendance 44.04.125 Militia organization and discipline to be provided for Const. Art. 10 § 2 Municipal research council, appointment of members of house and senate to 43.110.010 Nuclear energy, joint committee on, See JOINT COMMITTEE ON NUCLEAR ENERGY Number of members Const. Art. 2 § 2 Officers counties and municipal corporations duties and terms of office to be prescribed Const. Art. 11 § 5 each house to elect its own Const. Art. 2 § 10 removable by Const. Art. 4 § 9 rights of accused officer to be heard Const. Art. 4 § 9 three-fourths of each house to concur in removal of officer Const. Art. 4 § 9 Oral history program, See ORAL HISTORY PROGRAM Organized crime advisory board 43.43.858, 43.43.860, 43.43.862, 43.43.864 Personal service contracts, state agency list of contracts, office of financial management to maintain 39.29.068 Powers and duties abolition of certain state offices permitted Const. Art. 3 § 25 accountability of county and local officers to be provided for Const. Art. 11 § 5 accounting for state receipts and expenditures to be prescribed Const. Art. 7 § 7 appropriations, laws Const. Art. 8 § 4 bureau of statistics, agriculture and immigration to be established Const. Art. 2 § 34 chaplain for penal and reformatory institutions may be employed Const. Art. 1 § 11 [RCW Index—page 439] LEGISLATURE charters of corporations cannot be extended Const. Art. 12 § 3 cities, incorporation by general laws to be provided Const. Art. 11 § 10 classification of counties, for purpose of prescribing compensation Const. Art. 11 § 5 clerk of supreme court, election, salary Const. Art. 4 § 22 combinations affecting prices, etc., punishment to be provided Const. Art. 12 § 22 compensation of county and local officers to be regulated, delegated Const. Art. 11 § 5 of officers not to be changed during term Const. Art. 2 § 25 regulating compensation Const. Art. 11 § 5 congressional districts, state to be divided into Const. Art. 27 § 13 Constitution, amendment may be proposed in either house Const. Art. 23 § 1 revision, convention for may be called Const. Art. 23 § 2 contested elections of state officers to be decided Const. Art. 3 § 4 contracting, funding, or refunding state debt, provide for Const. Art. 8 § 1 delegation of authority to Const. Art. 8 § 1 convict labor to be provided for Const. Art. 2 § 29 corporate property and franchises may be taken for public use Const. Art. 12 § 10 corporations, not to be created by special law Const. Art. 12 § 1 county government, system of, to be established Const. Art. 11 § 4 court commissioners, prescribe administration of Const. Art. 4 § 23 court of appeals, enact laws regarding Const. Art. 4 § 30 courts of record, power to establish Const. Art. 4 § 11 define and punish bribery Const. Art. 2 § 30 divorces not to be granted by Const. Art. 2 § 24 drugs and medicines, sale to be regulated Const. Art. 20 § 2 duties of county officer, to prescribe Const. Art. 11 § 5 elections certificates of, to be given state officers Const. Art. 3 § 4 county, township, precinct, and district to be provided for Const. Art. 11 § 5 employees in hazardous occupations to be protected by law Const. Art. 2 § 35 enumeration of inhabitants to be provided for Const. Art. 2 § 3 extra compensation for past services prohibited Const. Art. 2 § 25 fees of county officers, to provide accountability for Const. Art. 11 § 5 forfeitures of corporate franchises may be declared for unlawful combinations Const. Art. 12 § 22 remission of, prohibited Const. Art. 12 § 3 harbor areas, building on, may be provided for by general law Const. Art. 15 § 2 harbor lines, commission to establish to be appointed Const. Art. 15 § 1 health, board of, to be established Const. Art. 20 § 1 homesteads to be protected from forced sale Const. Art. 19 § 1 impeachment, trials Const. Art. 5 § 1 inferior courts, jurisdiction and powers of shall be prescribed Const. Art. 4 § 12 irrevocable privilege or franchise, power to grant denied Const. Art. 1 § 8 jury, number for panel and for verdict Const. Art. 1 § 21 [RCW Index—page 440] justice of peace, number, powers and duties to be prescribed Const. Art. 4 § 10 lease of harbor areas for wharves to be provided Const. Art. 15 § 2 lotteries, power to authorize, how Const. Art. 2 § 24 medicine and surgery, practice of, to be regulated Const. Art. 20 § 2 militia, organization and discipline to be provided for Const. Art. 10 § 2 municipal corporations may be vested with power to make local improvements Const. Art. 7 § 9 not to be created by special law Const. Art. 11 § 10 number of judges of supreme court may be increased Const. Art. 4 § 2 officers of counties and municipal corporations classification of counties by population in enumerating duties of county officers Const. Art. 11 § 5 county officers, providing for election of Const. Art. 11 § 5 district officers, providing for election of Const. Art. 11 § 5 precinct officers, providing for election of Const. Art. 11 § 5 township officers, providing for election of Const. Art. 11 § 5 open space, farm and timber land, actual use assessment, provide for Const. Art. 7 § 11 pardoning power restrictions, enactment of Const. Art. 3 § 9 passes enact laws to prohibit Const. Art. 2 § 39 permanent common school fund may be enlarged Const. Art. 9 § 3 primary elections for judges, enact laws for Const. Art. 4 § 29 use by public officers to be prohibited Const. Art. 12 § 20 private interest in bill, members to declare Const. Art. 2 § 30 private or special laws prohibited Const. Art. 2 § 28 public arms, safekeeping and protection required Const. Art. 10 § 4 public funds, power to provide for accounting as to Const. Art. 11 § 5 public officers and employees, enact laws for removal Const. Art. 5 § 3 publication of opinions of supreme court to be provided for Const. Art. 4 § 21 railroad and transportation commission may be established Const. Art. 12 § 18 rates for freights and passengers discrimination to be prevented Const. Art. 12 § 18 may be established Const. Art. 12 § 18 registration law to be enacted Const. Art. 6 § 7 regulation of fines, forfeitures, enact laws for Const. Art. 3 § 11 telephone and telegraph companies Const. Art. 12 § 19 removal of judges, etc., for incompetency Const. Art. 4 § 9 salaries of county officers, others, to be fixed, delegated Const. Art. 11 § 5 judges may be increased Const. Art. 4 § 14 supreme court reporter, shall prescribe Const. Art. 4 § 18 sale of school and university lands, confirmation Const. Art. 16 § 2 seat of government cannot be changed by Const. Art. 14 § 1 location Const. Art. 14 § 1, Const. Art. 14 § 2 senate, legislative authority vested in Const. Art. 2 § 1 separate departments of supreme court may be provided Const. Art. 4 § 2 sex equality, power to enforce Const. Art. 31 § 2 soldiers’ home, maintenance to be provided Const. Art. 10 § 3 state building authority, power to create Const. Art. 8 § 9 suits against state, manner of bringing, to be directed Const. Art. 2 § 26 system of public schools to be established Const. Art. 9 § 2 taxation deficiencies and expenses to be met by Const. Art. 7 § 8 exemption of personal property Const. Art. 7 §1 local taxes for local purposes cannot be imposed Const. Art. 11 § 12 municipal corporations may be vested with power of Const. Art. 11 § 12 uniform and equal rate to be secured Const. Art. 7 § 1 vital statistics, bureau of, to be established Const. Art. 20 § 1 Printing duties of public printer 43.78.030 specifications 43.78.080 Publication of opinions of supreme court to be provided for Const. Art. 4 § 21 Purchases prison work programs purchase of goods and services required, exceptions 43.19.534 Purchasing, records of state purchasing to be available to members of the legislature, the legislative committees, and legislative staff on request 43.19.1917 Quorum, majority to constitute Const. Art. 2 § 8 Radioactive waste regulation legislature retains an autonomous role 43.200.020 Reapportionment after each census Const. Art. 2 §3 Records classification and arrangement 40.14.130 clerk, defined 40.14.120 committee chairman, delivery of records to chief clerk or secretary of senate 40.14.130 confidentiality of bill drafting records 40.14.180 contribution of personal papers 40.14.110 defined 40.14.100 delivery of records to chief clerk or secretary of senate 40.14.130 information and instructions for keeping 40.14.140 recordings of debate 40.14.170 research, use for 40.14.150 rules for access 40.14.160 secretary, defined 40.14.120 secretary of state to keep Const. Art. 3 § 17 sound recordings of debate 40.14.170 Redistricting—1983 act commission cessation of operations 44.05.110 duties 44.05.070, 44.05.080 members appointment, chairperson, filling of vacancy 44.05.030 compensation of 44.05.070 oath 44.05.040 persons ineligible to serve 44.05.050 political activities prohibited 44.05.060 reconvening 44.05.120 definitions 44.05.020 effective date contingent on constitutional amendment 44.05.900 plan challenges 44.05.130 district and precinct delineation 44.05.090 duties of supreme court, when 44.05.100 modification 44.05.120 report to accompany 44.05.080 (2008 Ed.) LIABILITY submission to by commission 44.05.100 Reports to biennial, period covered by 43.01.035 center for international trade in forest products, funding sources 76.56.050 department of transportation 47.01.141 budget for expenditures 47.26.440 fire commissioners association 44.04.170 fish and wildlife director 77.04.120 indeterminate sentence review board 9.95.265 judicial conduct commission 2.64.100 monthly financial report of state treasurer 43.08.150 municipal corporations associations 44.04.170 operational activities, recommendations for future operations, department of transportation 47.01.141 private activity bond allocation 39.86.190 radioactive waste regulation 43.200.020 school, college enrollment forecasts 43.62.050 school district association 44.04.170 school districts transportation allocation rates 28A.160.180 state committee on agency officials’ salaries 43.03.028 state treasurer 43.08.010, 43.08.150 summary of proposed construction, department of transportation 47.01.141 water/wastewater district association 44.04.170 Representatives commencement of term 44.04.021 Retirement or annuity plans participation by public employees while serving as legislators 28B.10.409 Revised Code of Washington loans of sets to committees 1.08.060 members to receive set without charge 1.08.070 Rules of proceedings, each house to determine Const. Art. 2 § 9 Rules review committee advisory boards, appointment 34.05.671 created 34.05.610 enforcement of committee subpoena 34.05.681 failure to adopt rule, review 34.05.640 membership, terms, vacancies 34.05.610 no presumption of legality 34.05.660 objections to agency action 34.05.640 petition for review 34.05.655 powers and authority 34.05.675 procedure 34.05.620 recommendations to the legislature 34.05.650 reports on findings or recommendations 34.05.671 review procedure 34.05.630 state employees submitting rules warranting review, protection 34.05.665 suspension of rule 34.05.640 Salaries members, citizens’ commission schedule 43.03.013 Salaries of county officers and certain constables to be fixed Const. Art. 11 § 5 Schools and university lands, sale and confirmation Const. Art. 16 § 2 Security and protection of while in session, duty of state patrol to provide 43.43.037 Senate advice and consent to public institutions appointments by governor Const. Art. 13 § 1 districts allotment of counties Const. Art. 22 § 1 apportionment Const. Art. 22 § 1 numbering, how divided Const. Art. 2 § 6 election of members Const. Art. 2 § 6 terms of office Const. Art. 2 § 6 times for Const. Art. 2 § 6 (2008 Ed.) impeachments, trials, generally Const. Art. 5 § 1 conviction requires two-thirds vote Const. Art. 5 § 1 oath or affirmation of senators required in Const. Art. 5 § 1 judiciary committee judicial impact notes, copies filed with 2.56.120 legislative powers vested in Const. Art. 2 § 1 members compensation Const. Art. 2 § 23 mileage allowances Const. Art. 2 § 23 number 44.05.090 privilege from arrest and civil process Const. Art. 2 § 16 qualifications Const. Art. 2 § 7 salary 43.03.010 terms of office Const. Art. 2 § 6 total number Const. Art. 2 § 2 travel, per mile, to and from sessions 43.03.010 vacancy in office, how filled Const. Art. 2 § 15 presiding officer Const. Art. 3 § 16 in absence of lieutenant governor Const. Art. 2 § 10 quorum, majority to constitute Const. Art. 2 § 8 reapportionment after each census Const. Art. 2§3 term limits established for members 44.04.015 transportation committee bicycle, pedestrian, and equestrian facilities comprehensive plans, review 44.04.290 vacancies in office, how filled Const. Art. 2 § 15 ways and means committee judicial impact notes, copies filed with 2.56.120 Senators commencement of term 44.04.021 Service of process 44.16.020 Session laws, See SESSION LAWS Sessions annual Const. Art. 2 § 12 to be open, exception Const. Art. 2 § 11 convening in extraordinary session at call of governor Const. Art. 3 § 7 date of 44.04.010 defined 44.04.200 reference to regular session 44.04.200 special may be convened by governor Const. Art. 2 § 12, Const. Art. 3 § 7 may be convened by legislature Const. Art. 2 § 12 time for holding 44.04.010 length Const. Art. 2 § 12 Sexual equality power to enforce Const. Art. 31 § 2 Soldiers’ home, maintenance to be provided Const. Art. 10 § 3 State arts commission, legislative membership on 43.46.030 State auditor, information furnished to legislature 43.09.050 Statute law committee created, composition 1.08.001 expenses and per diem of members 1.08.005 Statutes improvement by statute law committee 1.08.025 style of laws Const. Art. 2 § 18 Subpoena power 44.16.010 Tax exemptions submission of reports by governor and revenue department 43.06.400 Teachers on leave as legislator insurance benefits, reimbursement to district 44.04.230, 44.04.240 Telecommunications companies intensive review by legislature 80.36.901 Term limits for members of the house of representatives and of the senate established 44.04.015 Transportation funds and accounts study/analysis 43.88.125 Vacancies election, when 42.12.040 term of person elected to fill 42.12.030 Vacancies, how filled Const. Art. 2 § 15 Veto enactment of laws, veto of bill and passage over Const. Art. 3 § 12 governor has power to Const. Art. 3 § 12 measures initiated by or referred to the people, limitation on veto power Const. Art. 2 § 1 two-thirds vote necessary to pass bill over Const. Art. 3 § 12 veto and return of bill with objections Const. Art. 3 § 12 Washington state redistricting act Ch. 44.05 Witnesses, See LEGISLATURE, subtitle Hearings and inquiries LEMON LAW Motor vehicle warranties Ch. 19.118 LENSES (See OPTICIANS, DISPENSING; OPTOMETRY; VISION CARE) LEOFF (See RETIREMENT AND PENSIONS, subtitle Law enforcement officers and fire fighters) LETTERS (See also MAIL) Opening or reading without permission, penalty 9.73.020 Publishing without permission, penalty 9.73.020 Sending letter, when complete for purpose of criminal law 9.01.130 LETTERS OF CREDIT (See UNIFORM COMMERCIAL CODE, subtitle Letters of credit) LETTERS PATENT Granting real property, recording 65.08.090 LETTERS TESTAMENTARY (See PROBATE, subtitle Letters testamentary) LEVEES (See also CANALS, DITCHES, AND DRAINS) Cities and towns, authority to construct 35.21.090 LEVIES (See ASSESSMENTS; LOCAL IMPROVEMENTS AND ASSESSMENTS) LEVY AND SALE (See JUDGMENTS, subtitle Execution) LEWIS COUNTY Boundaries, tracing of 36.04.210 Southwest Washington fair jurisdiction and control Ch. 36.90 Southwest Washington fair, jurisdiction and control lands conveyed to 36.90.070 Superior court judges, number of 2.08.062 LIABILITY (See also JOINT LIABILITY) Administrators, See LIABILITY, subtitle Executors and administrators Adult conversion of goods or merchandise from store or unpaid restaurant meals 4.24.230 Aiding a police officer or other officer, exemption from liability 9.01.055 Attachment, assignor with interest 6.25.080 Bank employee receiving deposit while insolvent Const. Art. 12 § 12 Bank stockholders, See BANKS AND BANKING, subtitle Stockholders Blood procurement, use, etc., immunities from implied warranty and civil liability, extent 70.54.120 Blood withdrawal, implied consent law purposes, immunity, civil, criminal 46.61.508 Building wardens, immunity from 4.24.400 [RCW Index—page 441] LIABILITY RISK RETENTION Child abuse reporting 26.44.060 Cities and towns, indebtedness incurred in excess of budget appropriations, liability of city and officer for 35.33.125 Commanding officer, for acts done in line of duty 38.40.020 Common carriers, See COMMON CARRIERS, subtitle Liability Contingent liability, security against confession of judgment statement in writing to disclose facts and sum not excessive 4.60.060 confession of judgment without suit 4.60.050 Contributory negligence effect of 4.22.005 fault, defined 4.22.015 spouse, domestic partner, minor child, negligence not imputed 4.22.020 Conversion of goods or merchandise from store or unpaid restaurant meals 4.24.230 Corporations, See CORPORATIONS, subtitle Liabilities Counties depositaries, treasurer’s liability, effect 36.48.050 excess expenditures, county liability 36.40.130 liability insurance for protection against authorized 36.16.136 Criminal liability 9A.08.010 Criminal procedure 9A.08.010 costs, liability of convicted person for 10.46.190 hospital charges, criminally insane 43.20B.320 Debts school districts 28A.320.020 upon death of either or both spouses or domestic partners 4.20.046 Deposits, bank officer or employee receiving while insolvent Const. Art. 12 § 12 penalty 9.24.030, 30.44.120 Diking and drainage improvement districts, judgment liability, levy for 85.08.460 DMSO, physicians, surgeons, immune from 70.54.190 Dog handler using police or accelerant detection dog in line of duty, immunity from liability 4.24.410 Domestic violence peace officers, performance of duty 10.99.070 Emergency care, medical care, or transportation, rendering of, immunity for certain persons 4.24.300 Emergency management employees, volunteers 38.52.080, 38.52.180 Emergency medical service personnel 18.71.210 Erotic material, publisher, etc., punishing retailer, etc., because of compliance with state law, treble damages 9.68.090 Executors and administrators continuation of decedent’s business, authority to incur 11.48.025 executor de son tort 11.48.180 not liable for loss without fault 11.48.030 special administrator to creditors 11.32.050 Extinguishment by special legislation prohibited Const. Art. 2 § 28 Family and children’s ombudsman, office of 43.06A.085 Fire protection districts contracts 52.20.070 Firearms safety programs, liability of operators, employees, or volunteers 4.24.640 Fish marketing associations, members breach of marketing contract 24.36.440 debts of association 24.36.270 Flood control, counties, immunity from 86.12.037 Food donation and distribution to needy persons Ch. 69.80 Franchises on state highways, liability of holder 47.44.020 [RCW Index—page 442] Guardian ad litem, liability for costs against infant plaintiffs 4.84.140 Hazardous material incident extraordinary costs person other than operating employees of transportation company 4.24.314 Health care insurance comparison of health carriers, immunity of document preparer 48.43.105 Heating oil pollution liability protection Ch. 70.149 "Hold-harmless" agreements, real estate, repairs, construction, etc., against public policy, void 4.24.115 Hotels, liability for loss of guests’ property 19.48.030 Husband and wife either spouse’s separate property exempt from other spouse’s liability 6.15.040 torts, liability of spouse 26.16.190 wife separate property exempt from husband’s liability 6.15.040 Industrial life insurance, limitation of liability 48.25.230 Insurance companies, See INSURANCE, subtitle Liabilities Insurance for, See INSURANCE, subtitle Casualty insurance; Liability insurance Joint and several liability contribution enforcement of 4.22.050 right of 4.22.040 Joint liability attachment, assignors having an interest 6.25.080 confession of judgment enforcement 4.60.030 who may confess 4.60.030 contracts procedure to bind joint debtors after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 family support, joint liability of husband and wife, limitation of liability of stepparent after divorce joint debtors, procedure to bind after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 Juvenile court, liability of parent for support of child 13.34.161 Labor unions, unlawful acts 49.32.070 Landlord and tenant, rent default, sheriff’s liability for damages 59.08.100 Liabilities, See also INSURANCE, subtitle Contingent liability Liens, liability for service of stevedores and longshoremen 60.36.030 Limited liability companies Ch. 25.15 Lis pendens liability of claimants 4.28.328 Livestock, railroad injuring 81.52.060 Logging liens, concealment or injury to property 60.24.200 Lost and found property, liability of finder to owner 63.21.040 Marine pilots 88.16.115, 88.16.118 Marine vessels, owners, or operators 88.16.118 Metals mining and milling operations 78.56.110 Militia members for acts done in line of duty 38.40.010 Minor conversion of goods or merchandise from store or unpaid restaurant meals 4.24.230 Motor vehicles acts or omissions under chapter 46.12 RCW, state or director of licensing not liable for 46.12.200 damages for unlawful size, weight, and load limits 46.44.110 legal owner not liable for acts of registered owner 46.12.190 Multiple defendants at fault, joint and several liability 4.22.030 Mutual savings banks, capital notes or debentures, limitations upon holders 30.36.050 Nuclear incidents, storage or transportation liability 4.24.450, 4.24.460 Obesity lawsuits food and beverage consumption 7.72.070 Organizers of insurance companies 48.06.130 Parent conversion of goods or merchandise from store or unpaid restaurant meals by unemancipated minor 4.24.230 injury to person or property by minor child, limitation 4.24.190 Partnerships Ch. 25.05 Personal representatives continuation of decedent’s business, authority to incur 11.48.025 embezzlement 11.48.060 executor de son tort 11.48.180 not liable for loss without fault 11.48.030 Persons rendering emergency care or transportation immunity for certain persons 4.24.300 immunity from 4.24.310 Pharmacists dispensing prescription, limitations on liability 18.64.275 Pharmacy ancillary personnel, responsibility of pharmacy or pharmacist 18.64A.080 Physician assistants, liability of supervising physicians 18.71A.050 Product liability actions definitions 7.72.010 length of time product sellers are subject to liability 7.72.060 manufacturers 7.72.030 product sellers other than manufacturers 7.72.040 relevance of industry custom, technological feasibility, and standards 7.72.050 scope 7.72.020 Property damages caused by removal, waste or injury, liability 4.24.630 Property owners, recreational users, woodcutters, limitation 4.24.210 Public works contractor’s bond, liability for public officer failing to take bond 39.08.015 Railroad policemen, liability for unlawful acts of 81.60.060 School districts contracts with youth programs, liability 4.24.660 debts and judgments 28A.320.020 Settlement agreements, effect of 4.22.060 Several attachment, assignors having an interest 6.25.080 Sexual offender treatment providers limited liability 4.24.556 Sheriffs, misconduct or malfeasance 36.28.150 Shoreline management act, violations 90.58.230 State for tortious conduct 4.92.090 State patrol officers off-duty law enforcement employment immunity of state for liability, notice 4.92.175 Strip, body cavity searches search delayed, nonliability of government for damage 10.79.170 Trust funds, persons acting in place of designated trustee 11.100.130 Volunteers of nonprofit or governmental entities limited liability 4.24.670 Year 2000 failure, liability 4.22.080 LIABILITY RISK RETENTION Business requirements 48.92.040 Chartering requirements 48.92.030, 48.92.040 Commissioner authority 48.92.100 Countersigning not required 48.92.060 (2008 Ed.) LIBRARIES Definitions 48.92.020 Federal injunctions 48.92.130 Insolvency guaranty fund participation prohibited 48.92.050 License required, when 48.92.120 Mandatory participation, joint underwriting associations and pools 48.92.050 Penalties 48.92.110 Prohibited practices 48.92.040 Purchasing groups aggregate limits 48.92.090 dealing with foreign insurers 48.92.090 deductible or self-insured retention, restrictions on 48.92.090 exemption from certain laws 48.92.070 notice and registration requirements 48.92.080 premium taxes, requirements regarding imposition, obligation, and member’s liability 48.92.095 Rule-making authority 48.92.140 LIBEL AND SLANDER Action on limited to two years 4.16.100 Burden of proof on application of defamatory matter to plaintiff 4.36.120 Costs and disbursements, limitation on recovery of by plaintiff 4.84.040 Criminal libel 9.58.010, 9.58.020, 9.58.030, 9.58.040 defenses 9.58.040, 9.58.050, 9.58.070 furnishing libelous information 9.58.080 persons liable 9.58.040 privileged communications 9.58.070 threatening to publish libel 9.58.090 venue of prosecution 9.58.060 Indictment or information for, how pleaded in 10.37.120 Insurance commissioner’s liability, notice of reasons for cancellation 48.30.330, 48.44.270 Insurance companies, prohibited practices 48.30.080 Justification by truth, pleading of 4.36.130 Mitigating circumstances evidence of, pleadings 4.36.130 pleading of 4.36.130 Pleading of 4.36.120 Radio, owner or operator liability limited 19.64.010 Television, owner or operator liability limited 19.64.010 LIBRARIES Annual report of trustees 27.12.260 Cities and towns first class cities, establishment and maintenance of 35.22.280 Conditional sales contracts by cities and towns, counties and library districts for purchase of property for libraries authorized, vote required if exceeds indebtedness 39.30.010 Counties libraries on county-owned parks and recreation land authorized 36.68.110 library capital facility areas authorized 36.32.610 County law libraries Ch. 27.24 Discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Employees recruitment expenditures authorized 27.12.215 Exchanges of books with other libraries 27.12.280 Free use of library 27.12.270 Gifts of money or property to library 27.12.300 Indian tribes, services provided by public libraries 27.12.285 Intercounty rural library districts annexation of city or town into 27.12.360, 27.12.370, 27.12.380, 27.12.390, 27.12.395 (2008 Ed.) appropriations and expenditure control 27.12.240 assumption of property, assets and liability 27.12.120 board of trustees 27.12.130, 27.12.170, 27.12.190, 27.12.210 bond issues 27.12.222, 27.12.223 budget 27.12.210, 27.12.220 community revitalization financing 27.12.212 county treasurer’s duties 27.12.160 establishment 27.12.090, 27.12.100 library capital facility areas, organization, operation, and duties Ch. 27.15 name 27.12.140 tax levies 27.12.150, 27.12.222 withdrawal or reannexation of areas 27.12.355 Interstate library compact Ch. 27.18 Island library districts annexation of city or town into 27.12.360, 27.12.370, 27.12.380, 27.12.390, 27.12.395 board of trustees 27.12.190, 27.12.210, 27.12.420 bond issues 27.12.223 budget 27.12.210, 27.12.220 dissolution 27.12.450 establishment 27.12.400, 27.12.410 indebtedness powers, limitations 27.12.440 library capital facility areas, organization, operation, and duties Ch. 27.15 name, adoption of 27.12.430 tax levies 27.12.420 withdrawal or reannexation of areas 27.12.355 Law libraries filing fees for support of 27.24.070, 27.24.090 Librarians qualifications and certification 27.04.055 Library capital facility areas, organization, operation, and duties Ch. 27.15 Nonresident use 27.12.280 Public libraries appropriations and expenditure control 27.12.240 authorization 27.12.025 board of trustees 27.12.190, 27.12.210 charter provisions superseded 27.12.310 conditional sales contracts by cities and towns, counties and library districts for purchase of property for libraries authorized, vote required if exceeds indebtedness 39.30.010 contracts for library service 27.12.180 definitions 27.12.010 dissolution, disposition of property and books 27.12.320 establishment 27.12.030 interstate library compact Ch. 27.18 penalties injury to property 27.12.330 retaining books 27.12.340 Purchase of books, magazines, periodicals, publications, postage, subscriptions, method for payment of 42.24.035 Purchase of real or personal property by conditional sales contracts, indebtedness limitations 39.30.010 Reading materials, obsolete, surplus, disposal of, procedure 39.33.070 Regional law libraries 27.24.062 Regional libraries appropriations and expenditure control 27.12.240 authorized 27.12.080 board of trustees 27.12.190, 27.12.210 budget 27.12.210 Rules and regulations 27.12.270 Rural county library districts annexation of city or town into 27.12.360, 27.12.370, 27.12.380, 27.12.390, 27.12.395 community revitalization financing 27.12.212 disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 library capital facility areas, organization, operation, and duties Ch. 27.15 withdrawal or reannexation of areas 27.12.355 Rural library districts appropriations and expenditure control 27.12.240 board of trustees 27.12.050, 27.12.190, 27.12.210 bond issues 27.12.222, 27.12.223 budget 27.12.210, 27.12.220 county legislative authority, duties 27.12.050 county treasurer’s duties 27.12.070 establishment 27.12.040 expansion into intercounty rural library districts 27.12.110 general powers 27.12.060 tax levies 27.12.222 tax levy to support services 27.12.050 Rural partial-county library districts 27.12.470 Sale of library materials authorized, disposition of proceeds 27.12.305 School district public libraries, abolished, disposition of assets 27.12.321 Schools operation and stocking of libraries for 28A.320.240 State law library Ch. 27.20 librarian court reports commission, duties 2.32.160 Revised Code of Washington, loans of sets to 1.08.060 State library employees reimbursement for offender or resident assaults 27.04.100 government information locator service pilot project 43.105.290 lending fees for interlibrary services 27.04.045 librarian duties 27.04.055 management and control of state publications definitions 40.07.020 director duties 40.07.030 governor, duties 40.07.040 guidelines for 40.07.030 legislative declaration 40.07.010 mailing lists, notification, removal from, exceptions, mailing rates 40.07.060 reports where filed 40.07.030 review of state publications 40.07.030 state agency duties of agency head 40.07.030 state publications prohibition of, exceptions 40.07.050 review of 40.07.030 sale of library materials authorized, disposition of proceeds 27.12.305 secretary of state authority 27.04.010, 27.04.900 gifts, grants, and conveyances 43.07.370, 43.07.380 state librarian appointment 27.04.010 duties 27.04.045 state publications management and control of 40.07.010, 40.07.020, 40.07.030, 40.07.040, 40.07.050, 40.07.060 state publications distribution center created 40.06.020 definitions 40.06.010 depository contracts with other libraries authorized 40.06.040 exemptions 40.06.060 list of publications to be furnished by state agencies 40.06.060 [RCW Index—page 443] LIBRARY DISTRICTS publication and distribution of list of available state publications 40.06.050 state agencies to deposit copies of publications with, exemptions 40.06.030 Videos and video games minors’ access to violent videos and games, library policy formulation 19.188.030 Violators, exclusion from library use 27.12.290 LIBRARY DISTRICTS Incorporation of city or town, territory removed from district 35.02.180 LICENSE PLATES (See MOTOR VEHICLES, subtitle License plates) LICENSES Accountants Ch. 18.04 Acupuncturists Ch. 18.06 Adjusters, insurance, See INSURANCE, subtitle Agents, brokers, and solicitors Advisory committees director may appoint 43.24.060 Aid vehicles and ambulances Ch. 18.73 Aircraft 47.68.230 airmen and airwomen certificate and licenses 47.68.230 dealers Ch. 14.20 federal licensing of required 14.16.020 registration 47.68.250 Airman and airwoman 47.68.230 Alcoholic beverages Ch. 66.24 armory vicinity, license for sale of liquor prohibited without permission of adjutant general 38.32.120 Alcoholic beverages, See also ALCOHOLIC BEVERAGES, subtitle Licenses Appeals 43.24.120 Applications for licenses, discrimination to require disclosure of race or religion in penalty 43.01.100 Architects Ch. 18.08 Athletic contests, See ATHLETICS AND SPORTS, subtitle Licenses Auctioneers county requirements 36.71.070, 36.71.080 Auctioneers and auction companies Ch. 18.11 Automobiles, See MOTOR VEHICLES Bail bond agents Ch. 18.185 Beer and breweries Ch. 66.24 Birthing centers, licensing and regulation Ch. 18.46 Boarding homes Ch. 18.20 Boats and vessels Ch. 88.02 Boxing, martial arts, and wrestling Ch. 67.08 Brokers, insurance, See INSURANCE, subtitle Agents, brokers, and solicitors Business license center Ch. 19.02 Business professions, regulation guidelines Ch. 18.118 Camping resorts Ch. 19.105 Cemeteries prearrangement contracts Ch. 68.46 Cemetery prearrangement sales 68.05.155 Certain business activities cities and towns, uniform rate, maximum rate established 35.21.710 voter approval for excess 35.21.711 single uniform rate 35A.82.050 Certified public accountants Ch. 18.04 Child support suspension of licenses for support order noncompliance 43.24.112, 74.20A.320, 74.20A.330, 74.20A.350, 74.20A.360, 74.20A.370 Child welfare agencies, See PUBLIC ASSISTANCE, subtitle Child welfare agencies Chiropractors Ch. 18.25 Cities and towns bicycles 35.75.030 drawbridges operated as toll bridges 35.74.060, 35.74.070 farmers, exemption 36.71.090 first class cities, general power 35.22.280 [RCW Index—page 444] gardeners, exemption 36.71.090 produce stands, exemption 36.71.090 second class cities, generally 35.23.440 towns, general power of granting 35.27.370 unclassified cities, general power 35.30.010 Collection agencies Ch. 19.16 Combined licensing project 19.02.220 Commission merchants, See COMMISSION MERCHANTS Corporations business license center 43.07.200 doing business without, penalty 9.24.040 staggered renewal 43.07.180 Cosmetologists, barbers, manicurists, and estheticians Ch. 18.16 Counties auctioneers 36.71.070, 36.71.080 dog license tax, See COUNTIES, subtitle Dogs, license tax hawkers 36.71.070, 36.71.080 peddlers 36.71.010 deposit before, lien on 36.71.050 produce selling, requirements 36.71.090 Crimes relating to corporation doing business without, penalty 9.24.040 pistols concealed pistol license revocation 9.41.075 dealers, license and registration required 9.41.100 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 Dance halls, See DANCES Defined 43.24.030 Dental hygienists Ch. 18.29 Dentistry Ch. 18.32 Denturists Ch. 18.30 Department of, See LICENSING, DEPARTMENT OF Director of licenses, See also LICENSING, DEPARTMENT OF Dog licensing in dog control zones Ch. 16.10 Driver license compact 46.21.010 Drivers’ licenses case record of convictions and findings 46.52.120 falsification prevention program 46.20.114 identity, proof of necessary for issuance 46.20.035 ineligible persons 46.20.031 minors, traffic records, disclosure 46.20.293 moped operation 46.20.500 photographic identification, retention during renewal process 46.20.185 Drugless healing Ch. 18.36 Egg handlers and dealers Ch. 69.25 Electrical contractors Ch. 19.28 Embalmers Ch. 18.39 Emergency management workers, licensing requirements waived during emergency 38.52.180 Emergency medical technicians Ch. 18.73 Employment agencies Ch. 19.31 Engineers and land surveyors Ch. 18.43 Escrow agents Ch. 18.44 Examinations conduct of 43.24.060 examining committee 43.24.060 filing of lists of candidates and questions and answers with director of licensing 43.24.060 handicapped persons 43.24.090 temporary additional board or committee members for administration 43.24.065 times and places 43.24.060 Expenses of licensing paid from state general fund 43.79.020 Explosives dealers 70.74.130 manufacturers 70.74.110 Farm labor contractors Ch. 19.30 Farm labor contractors, See FARM LABOR CONTRACTORS Feed lots Ch. 16.58 Fees determination by rule 43.24.086 paid into state general fund 43.79.020 Fees, See also FEES Ferries, privately owned, see FERRIES, subtitle Privately owned Fire sprinkler system contractors, duties of state director of fire protection Ch. 18.160 Firearms, aliens, license required, exception 9.41.170 Fireworks, See FIREWORKS First responders Ch. 18.73 Fish and fishing, See FISH AND FISHING, subtitle Licenses Fishing commercial fishing Ch. 77.65 license limitation programs Ch. 77.70 recreational fishing Ch. 77.32 Food processing plants Ch. 69.07 Forms prescribed by director of licensing 43.24.040 Foster care 74.15.100 Fuel dealers and distributors license application information, data base 46.01.340 Funeral directors Ch. 18.39 Gambling devices, manufacturers, sales, distributors 9.46.310 employee, unlicensed, penalty 9.46.198 generally 9.46.075 Gambling, See also GAMBLING Geologists, licensing requirements and standards of practice Ch. 18.220 Hawkers, counties 36.71.070, 36.71.080 Health professions Ch. 18.120 uniform administrative provisions Ch. 18.122 uniform disciplinary act Ch. 18.130 Hearing instrument fitters/dispensers Ch. 18.35 For hire vehicles, See MOTOR VEHICLES, subtitle For hire vehicles Horse sales, special open consignment Ch. 16.65 Hospitals, See HOSPITALS, subtitle Licenses Hotels, See TRANSIENT ACCOMMODATIONS Hulk haulers or scrap processors, See MOTOR VEHICLES, subtitle Hulk haulers’ or scrap processors’ licenses Identicards issuance and fees 46.20.117 prohibited actions 46.20.0921 violations relating to display or possession of canceled, revoked, or suspended license or identicard 46.20.338 Inns, See TRANSIENT ACCOMMODATIONS Insurance fees 48.14.010, Ch. 48.17, Ch. 48.97 surplus line brokers 48.15.070 surplus line coverage, brokers license revocation, suspension, or failure to renew 48.15.140 Insurance, See also INSURANCE, subtitle Licenses Insurance premium finance companies, required 48.56.030 Issuance notice to applicants 43.24.080 preparation of licenses 43.24.080 Land surveyors Ch. 18.43 License, defined 43.24.030 License plates for motor vehicles, abbreviation of "Washington" prohibited 46.16.235 Liquor licenses Ch. 66.24 Livestock markets Ch. 16.65 Lottery agent 67.70.070 Marriage out-of-state requirements, compliance, fee schedule 70.58.380 (2008 Ed.) LICENSING, DEPARTMENT OF Marriage, See also MARRIAGE, subtitle Licenses Martial arts Ch. 67.08 Massage practitioners Ch. 18.108 optional code cities 35A.82.025 Master license system Ch. 19.02 Master licenses, See BUSINESS LICENSE CENTER Maternity homes, See MATERNITY HOMES, subtitle Licenses Meat custom slaughtering and custom meat facilities Ch. 16.49 Midwifery Ch. 18.50 Military and merchant marine, moratorium during service 43.24.130 Mills, uranium and thorium 70.121.030 Mortgage brokers Ch. 19.146 Motels, See TRANSIENT ACCOMMODATIONS Motor inns, See TRANSIENT ACCOMMODATIONS Motor vehicle dealer’s, salesmen’s, and manufacturer’s, See MOTOR VEHICLES, subtitle Dealer’s, salesmen’s, or manufacturer’s licenses Motor vehicle drivers’ training schools, See MOTOR VEHICLES, subtitle Drivers’ training schools Motor vehicle operator, See MOTOR VEHICLES, subtitle Drivers’ licenses Motor vehicle transporters, See MOTOR VEHICLES, subtitle Motor vehicle transporters Motor vehicle wreckers, See MOTOR VEHICLES, subtitle Motor vehicle wreckers Motor vehicles (See also MOTOR VEHICLES, subtitle Licenses) agent and subagent fees, analysis and evaluation 46.01.325 agents’ fees 46.01.140 application and renewal 46.16.210 application fees 46.01.140 automotive repair statutes, notice to registered owners 46.71.080 campers, trailers, motor homes rest area disposal systems 46.16.063 department records relating to, destruction of 46.01.260 driver’s license out-of-state license, surrender 46.20.021 resident defined for purposes of obtaining 46.20.021 fees 46.16.0621 handicapped cards and license plates reciprocity with other jurisdictions 46.16.390 license plates and placards reciprocity with other jurisdictions 46.61.583 placards and license plates 46.16.381 plates, surrender of, driving privilege suspended 46.29.605 private school buses exemption 46.16.035 recreational vehicles rest area disposal systems 46.16.063 renewal parking fines, payment of required 46.16.216 standing, stopping, or parking violations payment required 46.16.216 size, weight, and load limits enforcement 46.44.105 subagents, selection process and contract procedures 46.01.140 subagents’ fees 46.01.140 trip permits authorized, fees, distribution of proceeds 46.16.160 Naturopathy Ch. 18.36A Nuclear energy and radiation, licensing requirements and procedure 70.98.080 (2008 Ed.) Nurses Ch. 18.79 Nursing home administrators Ch. 18.52 Nursing homes Ch. 18.51 Occupational therapy Ch. 18.59 Ocularists Ch. 18.55 Opticians, dispensing Ch. 18.34 Optometry and optometrists Ch. 18.53, Ch. 18.54 Orthotic and prosthetic services Ch. 18.200 Osteopathic medicine and surgery Ch. 18.57 Osteopathic physicians’ assistants Ch. 18.57A Pesticide applicators Ch. 17.21 Pharmacies and pharmacists Ch. 18.64 Physical therapists Ch. 18.74 Physician assistants Ch. 18.71A Physicians and surgeons Ch. 18.71 Pilots of vessels Ch. 88.16 Pistols concealed pistol license 9.41.070 reciprocity 9.41.073 revocation 9.41.075 dealers, license and registration required, penalty 9.41.100, 9.41.110 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 Plumbers, certification of competency Ch. 18.106 Podiatric medicine and surgery Ch. 18.22 Police relief and pension fund, payment of city and town license fees into 41.20.130 Private investigators and agencies Ch. 18.165 Produce peddling, exemption 36.71.090 Psychologists Ch. 18.83 Public dances, See DANCES Radiologic technologists, registration or certification Ch. 18.84 Real estate appraisers Ch. 18.140 Real estate brokers and salespersons Ch. 18.85 Rendering plants Ch. 16.68 Resorts, See TRANSIENT ACCOMMODATIONS Respiratory care practitioners Ch. 18.89 Securities act, licensing requirements Ch. 21.20 Security guards and companies Ch. 18.170 Surveyors Ch. 18.43 Suspension noncompliance with support order 43.24.112 Telecommunications contractor Ch. 19.28 Telephone business cities and towns 35.21.712 network telephone service 35.21.714 toll telephone service, taxable amount 35.21.714 gross revenue optional code cities 35A.82.060 optional code cities 35A.82.055 Toll roads, license to governmental entities to use facilities authorized 47.56.253 Tow trucks, capacity fee in addition to and in lieu 46.16.079 Trading stamp licenses Ch. 19.83 Travel businesses Ch. 19.138 Uniform regulation of business and professions act Ch. 18.235 Vessel registration fees, disposition 46.01.140 Vessels and boats Ch. 88.02 Veterans peddlers and hawkers exemption from having 73.04.050 fee, counties and cities prohibited from charging 73.04.050 issuance without charge 73.04.060 Veterinarians Ch. 18.92 Wastewater treatment systems, designer licensing Ch. 18.210 Weather modification and control, See WEATHER MODIFICATION AND CONTROL Weigher’s license 15.80.490, 15.80.500 Weighmaster’s license 15.80.450, 15.80.460, 15.80.470, 15.80.480, 15.80.520, 15.80.590, 15.80.600, 15.80.610 Wine and wineries Ch. 66.24 LICENSING, DEPARTMENT OF Administration of motor vehicle laws, charged with 46.01.030 Advisory committees director may appoint 43.24.060 Agents immunity of licensing agents 46.01.310 Alcohol information school for drunk drivers, notice to be sent to department 46.61.5056 Armored vehicle guards licensing and regulation Ch. 18.170 Assistants 46.01.130 Auctions and auctioneers, licensing administration Ch. 18.11 Automotive repair statutes, duties relating to 46.71.080 Bail bond agents Ch. 18.185 Bicycles traffic safety education 46.20.093, 46.20.095 Boats and vessels, registration Ch. 88.02 Boxing, martial arts, and wrestling Ch. 67.08 Branch offices 43.17.050, 46.01.150 Burglar alarm response runners licensing and regulation Ch. 18.170 Business and professions account 43.24.150 Business and professions administration, See BUSINESS AND PROFESSIONS ADMINISTRATION Business license center Ch. 19.02 Camping resorts Ch. 19.105 Collection agencies Ch. 19.16 Collegiate license plates 46.16.324 Combined licensing project 19.02.220 Commercial drivers’ licenses agreements to carry out chapter, authorization to enter into 46.25.150 rule making authority 46.25.140 Commercial telephone solicitations rule-making authority 19.158.080 Confidential license plates publicly owned vehicles 46.08.066 County auditors as agents, appointment 46.01.130 Court reporters, powers and duties of department regarding certification Ch. 18.145 Created 43.17.010 Creation of department 46.01.020 Director appointment 43.17.020, 43.24.005 boxing, martial arts, and wrestling, director’s powers 67.08.017 certified copies of records authority to furnish 46.01.250 deposit of funds in highway safety fund 46.01.250 fee 46.01.250 restrictions 46.01.250 chief assistant director 43.17.040 departmental activities annual report to governor 46.01.290 driver training school, director’s powers and duties relating to Ch. 46.82 fees determination by rule 43.24.086 for hire vehicle certificates and operators’ permits, director’s powers and duties relating to Ch. 46.72 interstate fleets, highway user tax structure for, director’s powers and duties relating to Ch. 46.85 motor vehicle law agents of 46.01.130 amateur radio operators with special license plates, director to furnish lists of 46.16.340 annual report to governor 46.01.290 financial responsibility act, director’s powers and duties under Ch. 46.29 general powers 46.01.130 lighting and other vehicle equipment, director’s powers and duties relating to Ch. 46.37 rule-making authority 46.01.110 [RCW Index—page 445] LICENSING, DEPARTMENT OF motor vehicle revenue, director’s powers and duties relating to Ch. 46.68 motor vehicle transporters’ licenses, director’s powers and duties relating to Ch. 46.76 motor vehicle wreckers’ licensing, director’s powers and duties relating to Ch. 46.80 motorcycle operator training and education program, duties relating to 46.20.520 motorcycle safety education advisory board, duties relating to 46.20.520 oath 43.17.030 personalized license plates, rules and regulations 46.16.600 powers and duties 43.24.016, 43.24.020 generally 43.17.030 reciprocity agreement authority 46.85.030 records destruction 46.01.260 refusal, revocation or suspension of licenses, director’s duties, assistants may act 43.24.115 report to governor 46.01.290 rule-making authority 43.24.023 tow truck operators duties relating to 46.55.190 traffic safety commission, membership on 43.59.030 vacancies 43.17.040 vehicle dealer’s, salesmen’s and manufacturer’s licenses, powers and duties relating to 46.70.220 vehicle dealer’s and manufacturer’s licenses, powers and duties relating to 46.70.101, 46.70.102, 46.70.111, 46.70.120, 46.70.160 Dishonored checks for motor vehicle fees, procedure 46.01.230 Driver license compact, director of as licensing authority 46.21.020 Driver training schools administrative authority 46.82.290 business and profession act 46.82.285 rule making authority 46.82.290 Drivers’ licenses data furnished to department of information services, exception 46.20.157 facilities siting coordination with state patrol 46.01.330 falsification prevention program 46.20.114 payment options 46.01.230 Driving under the influence department notification of violator alcohol information school attendance, diagnostic treatment and evaluation recommendation, and noncompliance 46.61.5056 Embalmers and funeral directors Ch. 18.39 Employment agencies Ch. 19.31 Employment agencies, powers and duties relating to, See EMPLOYMENT AGENCIES Enforcement actions 43.24.125 Engineers and land surveyors Ch. 18.43 Facilities siting coordination with state patrol 46.01.330 Federal employer identification numbers and documents, department authority to issue 19.02.300 Federal tax liens duties concerning 60.68.045 Fees determination by rule 43.24.086 study and adjustment 46.01.360 Financial institutions, department of apportionment of budgeted funds 43.320.016 collective bargaining agreements unaffected 43.320.017 continuation of rules, pending, business, contracts, and obligations 43.320.014 transfer of banking, savings, and loan related powers, functions, and duties 43.320.011 civil service employees 43.320.013 equipment, records, and funds 43.320.012 [RCW Index—page 446] validity of acts performed relating to transferred powers, duties, and functions 43.320.015 Firearms dealers license and registration required 9.41.100 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 recordkeeping requirements 9.41.129 Forms for applications, licenses and certificates 46.01.160 Fuel dealers and distributors license application information, data base 46.01.340 Fuel tax advisory group 46.01.350 Funeral directors and embalmers Ch. 18.39 review of statutes regulating, recommendation of needed changes 43.70.290 Geologists, licensing requirements and standards of practice Ch. 18.220 Head injury prevention driver information 43.70.420 Health professions licensing transfer of powers and duties to department of health 43.70.220 Identicards issuance and fees 46.20.117 Immunity of licensing agents 46.01.310 Investigation unit 46.01.135 Land surveyors Ch. 18.43 Landscape architects, registration and regulation Ch. 18.96 License plates baseball stadium license plates 46.16.301 college and university emblems material and display requirements 46.16.327 rulemaking authority of director 46.16.335 collegiate license plates 46.16.324 prisoners of war deceased, license plate free to spouse or domestic partner 73.04.115 motor vehicle license plate furnished free to 73.04.110 returned plates, reuse 46.16.295 special license plates application for organizations 46.16.745 applications for individuals 46.16.309 conditions, limitations, and requirements 46.16.305 continuing requirements 46.16.765 design services, fees 46.16.690 disposition of revenues 46.16.755 fees 46.16.313 legislative intent 46.16.700 nonreviewed plates 46.16.775 replacement plates 46.16.316 review board 46.16.705, 46.16.715, 46.16.725 rulemaking authority of director 46.16.335 series continuance 46.16.314 sponsoring organization requirements 46.16.735 transfer of vehicle, transfer or surrender of plates 46.16.316 veterans’ and military personnel remembrance emblems 46.16.319 veterans’ remembrance emblems fees 46.16.332 material and display requirements 46.16.327 rulemaking authority of director 46.16.335 veterans with disabilities furnished free to 73.04.110 Licenses certificates, permits, failure to surrender when canceled, penalty 46.01.230 defined 43.24.030 examinations conduct of 43.24.060 examining committees, duties, compensation 43.24.060 filing of lists of candidates and questions and answers with director of licensing 43.24.060 temporary or additional board or committee members for administration 43.24.065 times and places 43.24.060 extension or modification of licensing, certification, or registration period authorized 43.24.140 failure to surrender when canceled, penalty 46.01.230 fees determination by rule 43.24.086 issuance 43.24.080 refusal, revocation or suspension of, director’s duties 43.24.115 suspension for noncompliance with support order 43.24.112 Licenses, professional social security and drivers’ license numbers prohibited 43.24.084 Limousine and for hire vehicles, regulation Ch. 46.72A Manufactured homes elimination of title rule-making authority 65.20.110 supervisory powers 65.20.100 Marine recreation land duties Ch. 79A.25 Martial arts Ch. 67.08 Master license system Ch. 19.02 Mobile homes titling duties, transfer to department of community, trade, and economic development 46.12.295 Model traffic ordinance rule-making authority 46.90.005 Motor vehicle dealers and manufacturers franchises, petition or protest proceedings hearing, filing fees, costs, and security 46.96.210 Motor vehicle fund department of licensing services account 46.68.220 Motor vehicle fund moneys distributed to 46.68.090 Motor vehicle law certified copies of departmental records relating to, department to furnish 46.01.250 to recommend improvement in 46.01.030 records destruction 46.01.260 Motor vehicle licensing agent, appointment of county auditor as 46.01.140 agent and subagent fees, analysis and evaluation 46.01.325 payment options 46.01.230 subagents, selection process and contract procedures 46.01.140 Motor vehicles accident reports, availability 46.52.060 emission control rules, adoption, authority 46.16.016 financial responsibility law, duties of director, See MOTOR VEHICLES, subtitle Financial responsibility law habitual traffic offenders revocation of license, procedure 46.65.065 liability insurance policy requirements, duty to notify public of 46.16.212 licenses facilities siting coordination with state patrol 46.01.330 temporary permits parade floats 46.16.048 unlicensed vehicles in special community events 46.16.048 limousine and for hire vehicles, regulation Ch. 46.72A title and registration advisory committee membership and duties 46.01.320 Motorcycle operator training program 46.20.520 Motorcycle safety education account 46.20.520 (2008 Ed.) LIENS Motorcycle safety education advisory board created 46.20.520 Motorcycles motorcycle safety education account created 46.68.065 Nonresident violator compact Ch. 46.23 Oaths and acknowledgments 46.01.180 Offices maintained at state capital 43.17.050 Organization of department 46.01.100 Powers and duties accident reporting 46.01.040 administration of motor vehicle laws 46.01.030, 46.01.040 certificates of ownership and registration 46.01.040 commercial drivers’ training schools 46.01.040 dealers’ licensing 46.01.040 drivers’ licensing 46.01.040 financial responsibility 46.01.040 generally 46.01.130 house trailer excise tax 46.01.040 motor vehicle excise taxes 46.01.040 motor vehicle fuel excise taxes 46.01.040 motor vehicle transporters 46.01.040 motor vehicle wreckers 46.01.040 passenger vehicles for hire 46.01.040 reciprocal or proportional registration 46.01.040 registration and licensing of motor vehicles 46.01.040 uniform commercial code 43.07.150 Private investigators and agencies, department duties Ch. 18.165 Private security guards and companies, licensing and regulation Ch. 18.170 Publicly owned vehicles confidential license plates 46.08.066 Purpose 46.01.011 Real estate appraisers, licensing and certification duties Ch. 18.140 Real estate brokers and salespersons, director’s powers and duties Ch. 18.85 Reciprocal or proportional registration agreements, arrangements or declarations of reciprocity authority of department to enter into 46.85.040 reciprocity general authority 46.85.030 Records furnishing copies of, fees, restrictions, deposit of funds 46.01.250 motor vehicle licensing records, destruction of by county auditors, time 46.01.270 Reports Massachusetts trusts, making of 23.90.040 Rule-making authority 46.01.110 Rules 43.17.060 Rules compliance technical assistance program Ch. 43.05 Seal 46.01.170 Security guards and companies, licensing and regulation Ch. 18.170 State patrol, designation as agent to secure surrender of drivers’ licenses 46.01.190 State patrol functions as agent of director of licenses transferred to department of licensing 46.01.070 Surveyors Ch. 18.43 Timeshare regulation, See TIMESHARE REGULATION Title and registration advisory committee membership and duties 46.01.320 Transfer of powers, duties and functions of department of licenses to department 46.01.040 powers, duties and functions of department of motor vehicles to department 46.01.020 Travel businesses Ch. 19.138 Uniform commercial code duties concerning 43.07.150 (2008 Ed.) Uniform regulation of business and professions act Ch. 18.235 Vehicle dealer’s license applications, retention, confidentiality 46.70.042 Vessel registration fees, collection and disposition 46.01.140 Wastewater treatment systems, designer licensing Ch. 18.210 LIE DETECTOR TESTS Requiring of employee or prospective employee unlawful, penalty 49.44.120 Test employees, unlawful, exceptions, penalties 49.44.120, 49.44.135 LIENS (See also ATTACHMENT) Abatement, moral nuisances 7.48.090 Advancements, See LIENS, subtitle Transportation, storage, and advancements Agister liens animal seized by law enforcement officer 60.56.025 authority of lien holder to retain possession of livestock 60.56.010 creation and attachment 60.56.010 definition of "agister" 60.56.005 enforcement of lien 60.56.050 expiration of lien 60.56.035 notice requirement violation civil action authorized for damages, civil fine may also be assessed 60.56.021 perfection of 60.56.015 potential sale of animal to which lien is attached notice to be given to lien holder and to potential buyer 60.56.018 Agisters, See LIENS, subtitle Livestock Agricultural preparer lien duration, discharge 60.13.060 processor lien duration, discharge 60.13.060 Agricultural liens, perfection Ch. 62A.9A Agricultural products definitions 60.13.010 preparer lien filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.030 priority 60.13.050 processor lien filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.020 priority 60.13.050 Airports state charges for equipment, services 47.68.150 Animals, See LIENS, subtitle Livestock Attorneys client giving security 60.40.030 conditional court order 60.40.030 creation 60.40.010 filing of notice 60.40.010 judgments 60.40.010 procedure when claimed 60.40.030 Banks, notice of taking possession of bank by director, no lien rights after receipt of notice 30.44.040 Bills of lading lien of carrier 62A.7-308 Bills of lading, carrier’s lien 62A.7-307 Boarding houses, See LIENS, subtitle Inn keepers Boats and vessels breach of contract for towing, dunnaging, or stevedoring 60.36.060 cargo handling 60.36.030 duration 60.36.040 priority 60.36.040 creation 60.36.010 duration 60.36.010 enforcement 60.36.020, 60.36.050 liability for service of stevedores and longshoremen 60.36.030 priority 60.36.010 stevedores and longshoremen handling cargo 60.36.030 towing, dunnaging, or stevedoring, breach of contract 60.36.060 Businesses selling prepared foods or drinks employee lien on earnings and property, authorization 60.34.010 enforcement and costs 60.34.040 notice of claim content 60.34.020 filing and service 60.34.020 priority prior unfiled encumbrances 60.34.050 subsequent encumbrances 60.34.050 service of notice 60.34.030 Canal company laborer’s lien Ch. 60.32 Chattel liens attorney’s costs 60.08.050 contents 60.08.020 deficiency judgment 60.08.050 duty of auditor 60.08.060 enforcement 60.08.040 filing notice, county auditors 60.08.060 form 60.08.020 frivolous or clearly exercise 60.08.080 labor performed on 60.08.010 limitation of action 60.08.040 material furnished for authority for 60.08.010 notice 60.08.020 personal judgment to foreclose 60.08.050 priority of previous unfiled or unrecorded 60.08.030 subsequent liens 60.08.030 rank of 60.08.050 recording 60.08.060 surrender to owner, effect, third person acquiring title 60.08.010 title of vehicle, transferring 60.08.085 Child support 26.18.055 Child support enforcement 74.20A.060, 74.20A.070 Cities and towns city property assessments payment of 35.44.130 curb and gutter construction 35.68.070 first class cities filling and closing of cesspools 35.22.320 lien on benefited property, payment from local improvement guaranty fund for deferred collection of assessments for economically disadvantaged persons 35.54.100 removing garbage and brush 35.22.320 local improvement of lowlands 35.55.090, 35.56.100 metropolitan park district improvements, lands adjoining 35.61.240 municipality owned utilities creation 35.21.290 enforcement 35.21.300 obstructing vegetation, debris, removal or destruction by city 35.21.310 public utilities, revenue, bond issues are a lien against 35.92.100 sanitary fills 35.73.050 second class cities, railroads in streets, assessments for street improvement 35.23.430 sewerage systems 35.67.200, 35.67.210, 35.67.215, 35.67.220, 35.67.230, 35.67.240, 35.67.250, 35.67.260, 35.67.270, 35.67.280, 35.67.290 sidewalks and driveways across 35.68.070 solid waste collection and disposal systems creation 35.21.130 notice and foreclosure 35.21.140 priority 35.21.150 warrants against local improvement funds 35.45.130 Commercial fisherman [RCW Index—page 447] LIENS defined 60.13.010 duration, discharge 60.13.060 filing statement 60.13.040 priority of lien 60.13.050 processor lien 60.13.020 Commercial real estate broker lien act Ch. 60.42 Commission merchants, See LIENS, subtitle Transportation, storage, and advancements Common carrier for freight, transportation, storage Ch. 60.60 Common carrier, See also LIENS, subtitle Transportation, storage, and advancements Common law liens, nonconsensual claims against federal, state, or local official or employee, validity 60.70.070 definitions 60.70.010 filing, no duty to accept common law lien, notice of invalid lien 60.70.030 order directing claimant to appear before court, petition contents and service of process 60.70.060 personal property common law liens limited 60.70.020 real property common law liens unenforceable 60.70.020 record, no duty to disclose record of claim 60.70.040, 60.70.050 Community property liens for community debt 26.16.040 Community renewal property, exemption from 35.81.120 Condominiums assessments for common expenses 64.34.364 Condominiums, See also CONDOMINIUMS, subtitle Liens or encumbrances Construction liens acts of coercion 60.04.035 application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 60.04.904 application of proceeds 60.04.181 assignment of lien 60.04.121 attorneys’ fees 60.04.181 bond in lieu of claim 60.04.161 claim of lien community interest, effect on 60.04.211 designation of amount due on each piece of property 60.04.131 recording of notice of, time limits, and contents 60.04.091 recording of notice of claim, requirements and fee 60.04.111 separate residential units, time for filing against 60.04.101 contractor registration required to establish lien 60.04.041 definitions 60.04.011 duration of lien, procedural limitations 60.04.141 financial encumbrances, priorities 60.04.226 foreclosure of liens, parties and procedure 60.04.171 frivolous claims, procedure to seek dismissal 60.04.081 informational material, master documents 60.04.250, 60.04.255 lenders, notice to 60.04.221 lien authorized 60.04.021 material exempt from process 60.04.201 notice of right to claim lien, requirements and exceptions 60.04.031 personal action on debt preserved 60.04.191 prime contractor, duty to make information available to suppliers, subcontractors, or professionals 60.04.261 priority of liens 60.04.061 promissory note, effect of taking 60.04.191 property subject to lien 60.04.051 rank of lien 60.04.181 release of lien rights 60.04.071 rights of owner, recovery options 60.04.151 withholding of funds 60.04.221 [RCW Index—page 448] Contractors, public works, wages, nonpayment or underpayment of 39.12.050 Conveyances, liens on franchises, earnings, property of certain companies, precedence of 60.32.010 County peddlers’ licensing deposit, lien on 36.71.050 County road improvement district assessments foreclosure 36.88.140 superiority 36.88.120 Crop liens attachment to crops and proceeds 60.11.030 claim of lien, filing, contents, duration 60.11.040 commercially reasonable, definition 60.11.120 definitions 60.11.010 foreclosure time limitation 60.11.130 foreclosure, judicial 60.11.070 foreclosure, summary 60.11.080 foreclosure and enforcement 60.11.060 noncompliance, rights of lien debtor 60.11.110 persons entitled to crop liens 60.11.020 priorities of liens and security interests 60.11.050 property subject to liens 60.11.020 redemption 60.11.100 rights and interests of purchaser for value 60.11.090 termination statement 60.11.140 Dairy products 60.13.035 Dairy products commission assessments 15.44.090 Defined for purposes of logging lien 60.24.030 Destruction, conversion, sale, removal, etc., of personal property to avoid lien, penalty 9.45.060 Dies, molds, forms, and patterns fabricator’s lien Ch. 60.84 Dikes and ditches, drainage of tidelands or marshlands, division of costs 85.28.130 Domestic violence judgment, costs and fees, lien on real estate 26.50.200 Eminent domain proceedings notice to lienors, publication of 4.28.120 Employee benefit plans, liens for payment of 49.52.020 Employees, contributions to benefit plans claim service, method 60.76.030 time, contents, recording, service 60.76.020 employer’s earnings and property 60.76.010 foreclosure 60.76.040 priorities 60.76.050 Enforcement chattel liens 60.08.040 local improvement special assessments 4.16.030 logging liens 60.24.120, 60.24.150 Estate and transfer tax payments due 83.100.110 Execution sales, payment of 6.21.020, 6.21.050, 6.23.020, 6.23.070, 6.23.080, 6.23.090, 6.23.100, 6.23.110 Federal tax liens application 60.68.005 certification 60.68.025 fees for recording or filing 60.68.035 notice 60.68.015 tax lien index 60.68.045 Fine in criminal proceeding lien against real property of defendant 10.64.080 Flood control districts, assessments, priority 86.09.490 Foreclosure certificates of title 60.10.040 methods of foreclosure 60.10.020 personal property, judicial foreclosure 60.10.023 redemption 60.10.050 rights and interest of purchaser for value 60.10.040 security interest, judicial foreclosure 60.10.027 summary foreclosure procedure 60.10.010 "commercially reasonable," defined 60.10.070 improper procedure, debtor’s rights 60.10.060 sale disposition of proceeds 60.10.030 Forest practices, actions required by order or decision, costs 76.09.120 Forests and forest products, See FORESTS AND FOREST PRODUCTS, subtitle Liens; LIENS, subtitle Logging Franchises, earnings, property of certain companies, laborers’ lien on assignees or receivers, priority in claim payment 60.32.050 companies included 60.32.010 conveyances, mortgages, and trust deeds, effect 60.32.010 enforcement 60.32.040 filing with county auditor 60.32.020 lien authorization 60.32.010 notice of claim content 60.32.020 service on company 60.32.020 priority of payment, receivers or assignees 60.32.050 service of notice, manner 60.32.030 Fraud, personal property subject to lien, destruction, conversion, sale, removal, etc. 9.45.060 Freight, See LIENS, subtitle Transportation, storage, and advancements Fruit, condemnation when infected, lien for costs Ch. 15.08 Garnishment, continuing lien on earnings answer form 6.27.340 authorized 6.27.330 compliance with answer form required 6.27.340 lien continues to subsequent earnings 6.27.350 priority 6.27.360 Homesteads 6.13.090 Horticultural property, condemnation when infected, lien for costs Ch. 15.08 Horticultural property, lien for disinfection costs, See HORTICULTURE Hospital and medical services for employees employee deduction and employer’s contribution constitutes trust fund for lien against trust fund for payment 49.52.010, 49.52.020 Hospitals, See LIENS, subtitle Medical services Hotels, See LIENS, subtitle Inn keepers Industrial insurance, lien for payments due 51.16.160, 51.16.170 Inn keepers attachment or execution on guest’s property 60.64.010 baggage and property of guests, authorized 60.66.010 property not belonging to guests, sale of, procedure 60.64.010 property of guests, sale 60.64.010 sale of property guest’s refusal to register 60.64.040 notice 60.64.040 Insurance company liquidation or delinquency proceedings voiding of lien obtained by attachment, garnishment, or execution 48.99.070 Interpleader 4.08.160, 4.08.180 Investment securities, issuer’s lien 62A.8-209 Irrigation districts assessment liens 87.03.265, 87.03.271 delinquent charges 87.03.445 Judgments cessation of certificates of to another county 4.64.100 (2008 Ed.) LIENS execution docket procedure 4.64.100 when 4.64.100 discharge of by satisfaction of judgment for money only 4.56.100 enforcement of local improvement special assessments 4.16.030 expiration of 4.56.210 extension of lien prohibited 4.56.210 fines in criminal action lien against real property of defendant 10.64.080 logging liens 60.24.190 notice of entry of verdict as 4.64.020 priority 4.64.020 personal property, commencement of 4.56.190 probate order of payment of claim 11.76.110 real property, on commencement of 4.56.200 creation of 4.56.190 duration 4.56.190 notice of, entry of verdict as, priority 4.64.020 vendor’s interest under real estate contract not included 4.56.190 small claims 12.40.110 vacation or modification of superior court judgments, liens preserved on modification 4.72.050 Labor and materials, See LIENS, subtitle Construction liens Laborers franchises, earnings, property of certain companies, lien on Ch. 60.32 homestead subject to execution or forced sale 6.13.080 Land boundaries, civil suits to establish, costs as 58.04.040 Landlord, See LIENS, subtitle Rent Life insurance, assessments of contingent liability, reserves 48.09.260 Limitation of actions on chattel liens 60.08.040 local improvement and assessment liens 4.16.030 logging liens 60.24.110 medical services liens 60.44.060 orchard liens 60.16.030 public works liens 60.28.030 Livestock artificial insemination lien upon female or offspring 60.52.035 freight and transportation, sale of to satisfy 60.60.030 services of sires auditor’s certificate to owners 60.52.020 auditor’s fee 60.52.050 conditions under which advertised 60.52.010 filing of statement with auditor, contents 60.52.010 foreclosure 60.52.040 owners not in possession of pedigrees 60.52.010 statement of lien, filing and duration 60.52.030 Livestock, for feeding and care of animal seized by law enforcement officer 60.56.025 authorization to retain possession 60.56.010 creation and attachment 60.56.010 definition of "agister" 60.56.005 enforcement of lien 60.56.050 expiration of lien 60.56.035 notice requirement violation civil action authorized for damages, civil fine may also be assessed 60.56.021 perfection 60.56.015 Local improvements and assessments limitation on action to enforcement of 4.16.030 (2008 Ed.) Local improvements and assessments, See also LOCAL IMPROVEMENTS AND ASSESSMENTS Lodging houses, See LIENS, subtitle Inn keepers Logging claims contents 60.24.075 form 60.24.075 recording, fee 60.24.100 stumpage 60.24.080 where filed 60.24.075 concealment or injury to property liability to lien holder 60.24.200 personal judgment 60.24.200 cost allowance for claimant 60.24.130 deposit to recover possession 60.24.130 duration of labor liens 60.24.040 enforcement generally against all of property 60.24.150 procedure 60.24.120 specific property 60.24.150 venue of court 60.24.120 error in claim intent to defraud 60.24.160 third party owner without notice 60.24.160 innocent third parties as purchasers 60.24.170 judgments, order of sale 60.24.190 labor performed, authority for 60.24.020 limitation of action nonsuit or dismissal of action, effect 60.24.110 prolonging 60.24.110 time period 60.24.110 lumber remaining with manufacturer 60.24.030 manufacturing timber into lumber 60.24.030 multiple actions attorneys’ fees 60.24.180 costs 60.24.180 joinder 60.24.180 owners of property, bona fide, presumption against purchaser 60.24.170 part of property 60.24.150 pleadings amendments to complaint 60.24.140 defendant’s answer 60.24.140 motion for more definite and certain statement 60.24.140 presumption, purchase of property subject to lien 60.24.170 priority general lien for work and labor 60.24.038 labor liens 60.24.038 work on identical logs 60.24.038 receiver appointment 60.24.130 recovery of custody from sheriff 60.24.130 sale before judgment, deposit of proceeds 60.24.195 sale by sheriff, apportionment of proceeds 60.24.190 sheriff appointed as receiver fees 60.24.130 notice 60.24.130 stumpage claims 60.24.080 duration of 60.24.070 price of privilege 60.24.035 towing and transportation, authority for lien 60.24.020 Longshoremen, See LIENS, subtitle Boats and vessels Lumber, See LIENS, subtitle Logging Lumber company laborer, lien on company franchise, earnings, property Ch. 60.32 Manufactured or mobile homes repossessed secured party liable for rent 59.20.074 Manufacturing company laborer, lien on company franchise, earnings, property Ch. 60.32 Marine pilots 88.16.140 Materialmen, See LIENS, subtitle Construction liens Mechanics’ and materialmen’s homestead subject to execution or forced sale 6.13.080 informational material, master documents 60.04.250, 60.04.255 satisfaction or release, county auditor’s duty as to 65.04.060 Medical services discharge settlement with tort feasor or insurer 60.44.050 taking of note 60.44.040 written release or waiver 60.44.050 duty of county auditor 60.44.030 enforcement 60.44.060 limitation of actions 60.44.060 limitation on 60.44.010 notice of claim contents 60.44.020 filing 60.44.020 payment as evidence 60.44.060 recording claims 60.44.030 taking promissory note, effect 60.44.040 when authorized 60.44.010 Mining company laborer, lien on company franchise, earnings, property Ch. 60.32 Mortgage foreclosure deficiency, judgment 61.12.080 Motor vehicle financial responsibility law, bond as lien 46.29.530 Nonconsensual common law liens claims against federal, state, or local official or employee, validity 60.70.070 definitions 60.70.010 filing, no duty to accept common law lien, notice of invalid lien 60.70.030 order directing claimant to appear before court, petition contents and service of process 60.70.060 personal property common law liens limited 60.70.020 real property common law liens unenforceable 60.70.020 record, no duty to disclose record of lien 60.70.040, 60.70.050 Notice of, verdict entry as 4.64.020 Nuisances, voluntary abatement of prostitution, assignation or lewdness, effect on 7.48.110 Orchards and orchard lands claims enforcement 60.16.020 filing 60.16.020 verification 60.16.020 foreclosure 60.16.020 attorneys’ fees 60.16.030 costs 60.16.030 limitation of action 60.16.030 time for bringing 60.16.030 labor upon, authorization for 60.16.010 pruning, spraying, etc. 60.16.010 Partition proceedings answer requisites concerning 7.52.060 cost of partition, preference over 7.52.030 costs, for 7.52.480 creditors answer requisites concerning 7.52.060 confirmation of report of referee for sale of property, effect on 7.52.210 defendants, as 7.52.030, 7.52.150 judgment creditors, notice to on sale of property 7.52.180 notice directed to 7.52.040 priority 7.52.170 proceedings for sale of property 7.52.190 purchase of property by 7.52.390 security, priority of application 7.52.230 service of notice on sale of property 7.52.200 judgment liens unsatisfied certificate of county clerk 7.52.160 existence, ascertaining of 7.52.160, 7.52.170 priority 7.52.170 referee, appointment of 7.52.170 payment from proceeds of sale 7.52.220 [RCW Index—page 449] LIEUTENANT GOVERNOR proceedings on not to delay sale 7.52.240 subject of lien after partition 7.52.030 Peddlers, county licensing of, deposit when, lien on 36.71.050 Physicians and surgeons employee benefit plans 49.52.020, 49.52.040 Physicians and surgeons, See also LIENS, subtitle Medical services Plants, See LIENS, subtitle Nursery stock Premium finance agreements, filing not necessary to perfect 48.56.130 Preparer lien dairy products 60.13.035 duration, discharge 60.13.060 filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.030 priority 60.13.050 Prevailing wage rate noncomplying public works contractor 60.28.040 Priority judgment liens 4.64.020 Processor and preparer liens definitions 60.13.010 Processor lien duration, discharge 60.13.060 filing statement evidencing lien 60.13.040 foreclosure, enforcement 60.13.070 generally 60.13.020 priority 60.13.050 Profiteering lien notice 9A.82.140 procedure 9A.82.120 trustee of real property 9A.82.130 conveyance of property by, liability 9A.82.150 failure to comply 9A.82.160 Public assistance grant assistance lien against real property 43.20B.670 revenue recovery medical or residential care discharge or compromise by settlement or judgment 43.20B.050 form of lien 43.20B.040 subrogation to recipient’s rights, delegation 43.20B.060 mental health treatment 43.20B.347 Public contractor payment of excess over lien claims 60.28.020 payment of moneys earned withheld in lieu of bond 60.28.010 retained percentages 60.28.010 taxes and penalties due, trust fund priority 60.28.040 Public works acceptance of contract certificate of department of revenue 60.28.050 duty of disbursing officer 60.28.050 bond in lieu of retained funds 60.28.011 completion of contract, duties of disbursing officer 60.28.051 contracts exceeding two hundred thousand dollars 60.28.010 definitions 60.28.011 delay due to litigation 60.28.080 excess over claims paid to contractor 60.28.021 foreclosure, limitation of actions 60.28.030 labor and material 60.28.010 labor and material lien 60.28.011 materials furnished, procedures 60.28.015 nonpayment or underpayment of wages 39.12.050 notification of department of revenue certificate of 60.28.050 duty of disbursing officer 60.28.050 payments to department of revenue, duty of disbursing officer 60.28.060 percentages retained from moneys earned [RCW Index—page 450] contracts exceeding two hundred thousand 60.28.010 time period 60.28.010 trust fund or bank deposit 60.28.010 pleadings, certification in answer to complaint 60.28.030 receipt of department of revenue, certificate 60.28.020 retained percentages 60.28.010, 60.28.011 right to sue contractor or surety, limitation of actions, effect 60.28.030 taxes and penalties due from contractor, priority of liens 60.28.040 taxes due state 60.28.010 termination before completion 60.28.011 trust fund, bank deposit or escrow 60.28.010, 60.28.020, 60.28.030 wages, nonpayment or underpayment of 39.12.050 Quieting title against outlawed mortgage or deed of trust 7.28.300 Railroad company laborer’s lien on franchises, earnings, property Ch. 60.32 Railroads freight, transportation, storage Ch. 60.60 livestock watering and feeding, sale of 60.60.020 Real property boundaries, suits to establish, costs 58.04.040 commercial real estate broker lien act Ch. 60.42 notice of, entry of verdict as, priority 4.64.020 priority 4.64.020 unknown claimant, service of process 4.28.150 Recording of, See RECORDING AND FILING Redemption from execution sale, payment of 6.21.020, 6.23.020, 6.23.070, 6.23.080, 6.23.090, 6.23.100, 6.23.110 Registered land 65.12.400 creation upon 65.12.510 Registration of land titles 65.12.520 notation upon certificate 65.12.010 Rent destruction of property, insurance proceeds 60.72.010 enforcement 60.72.040 limitation of 60.72.010 mobile home lots creation, enforcement, and duration 60.72.010 priority 60.72.010 private homes or residences 60.72.010 property of tenant 60.72.010 property of third person 60.72.010 removal from rented property 60.72.010 sale of tenant’s property 60.72.010 writing or recording, necessity of 60.72.010 Sale of property disposition of funds, inn keepers, lodging house, etc., liens 60.64.040, 60.66.020 Satisfaction or release, duties of county auditor 65.04.060 Sawmill company laborer, lien on company franchise, earnings, property Ch. 60.32 Secured transactions Ch. 62A.9A Secured transactions, See also UNIFORM COMMERCIAL CODE, subtitle Secured transactions Self-service storage facilities Ch. 19.150 Service of process by publication, when 4.28.100 Sewerage, water and drainage systems, counties, lien for delinquent charges 36.94.150 Solid waste disposal districts delinquent taxes and penalties 36.58.140 Stevedores, See LIENS, subtitle Boats and vessels Storage, See LIENS, subtitle Transportation, storage, and advancements Taverns, labor liens on earnings and profits 60.34.010 Tax liens municipal local improvement assessments 35.49.130, 35.49.140 public improvement contracts, priority 60.28.040 solid waste disposal districts 36.58.140 Timber company laborer, lien on company franchise, earnings, property Ch. 60.32 Timber workers, See LIENS, subtitle Logging Toll bridge rates and charges, bond redemption and interest as lien on 47.56.240 Tow truck operators have lien on impounded vehicle 46.55.140 Trainers, See LIENS, subtitle Livestock Transportation, storage, and advancements authorized 60.60.010 livestock, notice of sale 60.60.020 notices, how given 60.60.060 perishable property, notice of sale 60.60.020 retention of possession 60.60.010 sale of property application of proceeds 60.60.040 authority 60.60.010 division into separate lots or parcels 60.60.030 period of retention 60.60.030 special contracts 60.60.050 Transportation company laborer, lien on company franchise, earnings, property Ch. 60.32 Unclassified cities, taxes 35.30.030 Unemployment compensation assessments for employers’ contributions, warrants 50.24.115 contributions by employers 50.24.050, 50.24.180 Unfit dwellings, demolition assessment lien against property 35.80.030 Unknown claimant in real property action, service of process on 4.28.150 Utility services cities and towns 35.21.290 real property, satisfaction of unrecorded utility liens Ch. 60.80 Vacation or modification of superior court judgment, preserved on modification 4.72.050 Vegetables, condemnation when infected, lien for costs Ch. 15.08 Vendors’ homestead subject to execution or forced sale 6.13.080 Verdicts cessation of certificate of to another county 4.64.100 execution docket procedure 4.64.100 when 4.64.100 entry of as notice, priority 4.64.020 Warehouse and grain dealer depositor’s lien 22.09.371, 22.09.391 Warehousemen authorization of lien for transportation, storage and advancements Ch. 60.60 Warehousemen’s lien 62A.7-209, 62A.7-210 Washington clean air act, enforcement of penalties incurred under 70.94.431 Water company laborer, lien on company franchise, earnings, property Ch. 60.32 Water rights, partnership ditches 90.03.450 Weed control costs 17.10.280, 17.10.290, 17.10.300 Wharfinger, See LIENS, subtitle Transportation, storage, and advancements; LIENS, subtitle Warehousemen Wills, devisee takes property subject to liens 11.12.070 LIEUTENANT GOVERNOR Absence of governor, to be notified, assumption of duties of governor 43.06.040 Association of Washington generals 43.15.030, 43.15.040 Deciding vote, in case of tie in senate Const. Art. 2 § 10 (2008 Ed.) LIMITATION OF ACTIONS Duties 43.15.010 Election of Const. Art. 3 § 1 Legislative committee on economic development and international relations account, legislative international trade 43.15.050 cooperation with other entities 43.15.090 expenses 43.15.085 powers 43.15.070 purpose, membership 43.15.060 staff support 43.15.075 subcommittees 43.15.065 travel expenses 43.15.080 Oath of office 43.01.020 Office hours regulation does not apply to 42.04.060 Office may be abolished by legislature Const. Art. 3 § 25 Organized crime advisory board, duties as to 43.43.858 Powers and duties of acting governor 43.06.050 President of the senate 43.15.020 Presiding officer of senate Const. Art. 3 § 16 in absence, who presides Const. Art. 2 § 10 Public meetings, notices of, contained in state register 34.08.020 Salary, amount of 43.03.010 Security and protection of lieutenant governor, duty of state patrol to provide 43.43.035 State capitol committee member 43.34.010 State finance committee member 43.33.010 Statutes relating to, consolidation 43.15.005 Succession to office of governor Const. Art. 3 § 10 Term of office 43.01.010, Const. Art. 3 § 3 Threats against, penalty 9A.36.090 LIFE CYCLE COST ANALYSIS (See PUBLIC BUILDINGS, subtitle Life cycle cost analysis) LIFE INSURANCE (See INSURANCE, subtitle Life insurance) LIFE SCIENCES RESEARCH (See RESEARCH) LIGHTHOUSES Injury to, penalty 88.08.050 LIMITATION OF ACTIONS (See also STATUTE OF LIMITATIONS) Absent or nonresident defendant 4.16.180 Accounts, mutual open accounts 4.16.150 Accounts receivable 4.16.040 Actions for labor and materials used in construction or maintenance of highways 47.28.120 Actions not otherwise provided for 4.16.130 Adverse possession, See ADVERSE POSSESSION Assault and battery, action on 4.16.100 Assessments for local improvements 4.16.030 Bank deposits and collections 62A.4-111 Bigamy 9A.04.080 Bills of lading, carrier’s liability 62A.7-309 Chattel liens 60.08.040 Child, death or injury, joinder of other parent 4.24.010 Child sexual abuse recovery actions 4.16.340 Child support action to be commenced within ten years after eighteenth birthday of youngest child 4.16.020 Chiropractor, professional negligence, claims arising from 4.16.350 Cities actions by 4.16.160 sewerage system liens 35.67.230 Cities and towns, local improvements, challenging 35.43.100 Civil actions, by special legislation prohibited Const. Art. 2 § 28 Claims and debts against estate ranking 11.40.090 (2008 Ed.) Commencement of actions 4.16.005 Common carriers baggage 81.29.020 rates and charges, limitation of action for collection of overcharges 81.28.270 Concealed defendant 4.16.180 Conflict of laws, limitations act Ch. 4.18 Constables, against 4.16.080 Construction contracts, claims arising on 4.16.310, 4.16.325 Construction defect claims, actions or claims arising for comparative fault 4.16.326 emergency repairs 4.16.327 Construction defect claims, actions or claims arising from statute tolled 4.16.320 Consumer reporting agencies 19.182.120 Contracts for sale, breach 62A.2-725 Contracts or agreements not in writing 4.16.080 tolling by new promise or acknowledgment 4.16.280 by part payment 4.16.270 in writing 4.16.040 Coroners, against 4.16.080 Counties application of statute of limitations to actions by 4.16.160 County road improvement districts, enumeration of 36.88.290 Credit reports 19.182.120 Crime victim’s application for benefits 7.68.060 Criminal actions 9A.04.080 Criminal judgments and sentences collateral attacks on, See CRIMINAL PROCEDURE, subtitle Judgments, collateral attack on; CRIMINAL PROCEDURE, subtitle Sentences, collateral attack on Crop damage actions against irrigation districts, limitation, procedure, filing claim 87.03.440 Death, tolling of statute by 4.16.200 Deed to claimants, incorporated towns on United States land 58.28.120 Dentists, professional negligence, claims arising from 4.16.350 Devisees and legatees ejectment and quieting title 7.28.060 Disabilities coexistent 4.16.260 enemy aliens 4.16.210 mentally ill 4.16.250 military personnel 4.16.220 minors 4.16.250, 4.16.260 nonresidents 4.16.180 personal disability of plaintiff 4.16.190, 4.16.250 prisoners 4.16.250 substitution of representative 4.20.050 when must exist 4.16.250 Drainage districts, warrants, action on 4.16.050 Ejectment and quieting title actions 7.28.050, 7.28.060 quieting title against outlawed mortgage or deed of trust 7.28.300 Enemy aliens 4.16.210 Escape exception from 4.16.080 prisoner under civil process 4.16.110 Escheated property, claims for, limitation of action 11.08.240 Ethics in public service actions 42.52.540 Execution of judgment, time limitation 6.17.020 Execution sale, redemption from 6.23.020, 6.23.040 accounting of rents, profits and expenses 6.23.090 redemption from 6.23.020 Executors and administrators actions and suits, suspended during time of special administration 11.32.050 recovery of real property sold by 4.16.070 False imprisonment, action on 4.16.100 Foreign statutes of limitation application of 4.16.290 Forfeitures to the state, action on 4.16.100 Fraud 4.16.080 Gambling tax collections 9.46.350 Ground for demurer objection by answer, when 4.32.070 Guardians, recovery of real property sold by 4.16.070 Healing arts, professional negligence, claims arising from 4.16.350 Health care claims tolling of statute of limits for, requirements 7.70.110 Health maintenance organizations, professional negligence, claims arising from 4.16.350 Heirs, ejectment and quieting title 7.28.060 Highways, construction and maintenance, action for labor and materials used in 47.28.120 Holocaust insurance relief act, extension of limitation 48.104.110 Homicide by abuse 9A.04.080 Hospital personnel, professional negligence, claims arising from 4.16.350 Hospitals, professional negligence, claims arising from 4.16.350 Hospitals for mental illness, hospitalization charges 43.20B.360 Improvement to real property, claims arising on 4.16.310, 4.16.325 Industrial insurance, collection of delinquent premiums 51.16.190 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Limitation of actions Injunctions 4.16.230 Insurance disability policies, standard provisions 48.20.052, 48.20.142 limiting time for application of insurer’s defenses 48.20.052 fraud 48.30A.030 officers’ salaries, domestic mutuals 48.09.210 policies, provisions in concerning 48.18.200 Irrigation districts bonds 4.16.060 warrants, action on 4.16.050 Joint debtor, action against after judgment, defense not available 4.68.040 Judgment liens on real property 4.56.190, 4.56.210 Judgments 4.56.210 execution of, time limitation and exceptions 6.17.020 reversal of plaintiff’s judgment 4.16.240 vacation or modification of minors, by 4.72.030 motion 4.72.020 persons of unsound mind, by 4.72.030 petition 4.72.030 Judgments or decrees actions upon, commencement, time for and exception 4.16.020 Juvenile court judgments, time limitation for enforcement of support 13.34.161 Lease contracts, default 62A.2A-506 Libel, action on 4.16.100 Liens on boats and vessels 60.36.010 Local improvement districts, challenging 35.43.100 Local improvements, foreclosure of special assessments and liens thereon for 4.16.030 Logging liens 60.24.110 Medical service lien 60.44.060 Mentally ill 4.16.250 Military personnel 4.16.220 Minors 4.16.190, 4.16.250 coexistent disabilities 4.16.260 when disability must exist 4.16.250 Municipal local improvements [RCW Index—page 451] LIMITATION ON LIABILITY assessments, foreclosure proceedings 35.50.050 reassessments 35.44.340 supplemental assessments 35.44.400 Municipalities, actions by 4.16.160 Mutual open accounts 4.16.150 Negotiable instruments 62A.3-118 Negotiable instruments, bills of exchange, tolling by part payment 4.16.270 New promise 4.16.280 New trials discovery of grounds after verdict, report or decision, time limitation for motion 4.76.080 Nonresident defendant 4.16.180 Nursing homes, professional negligence, claims arising from 4.16.350 Opticians, professional negligence, claims arising from 4.16.350 Optometrists, professional negligence, claims arising from 4.16.350 Orchards and orchard land liens 60.16.030 Osteopathic physician, professional negligence, claims arising from 4.16.350 Osteopathic physician’s assistant, professional negligence, claims arising from 4.16.350 Parents acts of children 4.24.190 Part payment 4.16.270 Paternity 4.16.360 Penalties, actions on 4.16.100, 4.16.115 Personal injury 4.16.080 Personal property detaining of 4.16.080 injury to 4.16.080 recovery of 4.16.080 taking of 4.16.080 Petition to vacate or modify superior court judgments or orders 4.72.030 Pharmacist, professional negligence, claims arising from 4.16.350 Physical therapists, professional negligence, claims arising from 4.16.350 Physicians and surgeons liens for services 60.44.060 professional negligence, claims arising from 4.16.350 Physician’s assistant, professional negligence, claims arising from 4.16.350 Physician’s trained mobile intensive care paramedic, professional negligence, claims arising from 4.16.350 Podiatric physicians and surgeons, professional negligence, claims arising from 4.16.350 Practical nurse, professional negligence, claims arising from 4.16.350 Prisoners imprisonment on a criminal charge does not toll statute except for period prior to sentencing 4.16.190 Probate contest of admission or rejection of will 11.24.010 special administration, suspended during 11.32.050 Product liability actions 7.72.060 Professional negligence, health care providers, claims arising from 4.16.350 Psychologist, professional negligence, claims arising from 4.16.350 Public disclosure requirements 42.17.410 Public nuisance not subject to, when 7.48.190 Public officers escape of prisoner imprisoned under civil process 4.16.110 misappropriation of funds 4.16.080 penalties or forfeitures 4.16.080 Public utility districts formation, questioning 54.08.050 Public works lien 60.28.030 Quasi-municipalities, application of statute of limitations to actions by 4.16.160 [RCW Index—page 452] Quo warranto proceedings, action for damages 7.56.090 Rape 9A.04.080 Real property ejectment and quieting title actions 7.28.050, 7.28.060, 7.28.300 recovery of actions to be commenced within ten years, exception 4.16.020 sold by executors, administrator, or guardian 4.16.070 rents and profits 4.16.040 tax deeds, sold under, limitation on action to recover 4.16.090 trespass 4.16.080 waste 4.16.080 Redemption from sales on execution 6.23.020, 6.23.040 accounting of rents, profits and expenses 6.23.090 Registered land 65.12.710 Registered nurse, professional negligence, claims arising from 4.16.350 Registration of land titles, decrees of registration 65.12.190 Rents and profits from real estate 4.16.040 Reopening action when service by publication, time limit 4.28.200 Securities act violations 21.20.400 Sheriffs, against 4.16.080 escape of prisoner imprisoned under civil process 4.16.110 Slander, action on 4.16.100 Special legislation prohibited Const. Art. 2 § 28 State against 4.92.050 state warrant appearing to be redeemed 4.92.200 actions by 4.16.160 Supplemental proceedings 6.32.010 Sureties, probate proceedings 11.28.235 Tax deeds, actions to cancel or set aside 4.16.090 Taxation actions by other states 4.24.140 Theft from tax exempt corporation 9A.04.080 Tolling of action commenced, not commenced, when 4.16.170 concealed defendant 4.16.180 criminal actions 9A.04.080 death 4.16.200 defendant out of state 4.16.180 disabilities coexistent disabilities 4.16.260 when disability must exist 4.16.250 enemy aliens during war 4.16.210 health care claims, requirements 7.70.110 imprisonment on a criminal charge does not toll statute except for period prior to sentencing 4.16.190 injunctions 4.16.230 mentally ill coexistent disabilities 4.16.260 when disability must exist 4.16.250 military personnel 4.16.220 minors 4.16.190 when disability must exist 4.16.250 new promise to raise or toll bar 4.16.280 nonresident defendant 4.16.180 part payment 4.16.270 personal disability of plaintiff 4.16.190 when disability must exist 4.16.250 prisoners, when disability must exist 4.16.250 reversal of plaintiff’s judgment on error or appeal 4.16.240 statutory prohibition, by 4.16.230 taxation, actions by other states, absence from state is not tolling 4.24.140 writing signed by person to be charged 4.16.280 Trade secret misappropriation 19.108.060 Transportation companies damages 81.04.235 overcharges 81.04.235 Trust and estate dispute resolution Ch. 11.96A Unemployment compensation, contributions by employers, collection 50.24.190 Unfair business practices 19.86.120 Uniform conflict of laws, limitations act Ch. 4.18 Vacation or modification of superior court judgment or order minors, by 4.72.030 persons of unsound mind, by 4.72.030 time limitation does not apply where consent or stipulated judgment, vacation grounds based on fraud or terms and conditions of judgment not fulfilled 4.72.080 time limitation for motion for 4.72.020 Vehicle business practices act 46.70.190, 46.70.220 Vehicle crimes 9A.04.080 Warehouse receipts, liability 62A.7-204 Waste 4.16.080 Wills, contest of admission or rejection of probate 11.24.010 Writing signed by person to be charged 4.16.280 LIMITATION ON LIABILITY Aiding a police or other law officer 9.01.055 Automobile insurance transmittal of cause for cancellation or nonrenewal from insurance commissioner 48.18.293 Dentist, filing charges or presenting evidence against another member 4.24.050 LIMITATION ON TAX REVENUE (See TAX REVENUE LIMITATION) LIMITED ACCESS HIGHWAY FACILITIES (See HIGHWAYS, subtitle Limited access facilities) LIMITED GUARDIANSHIP (See GUARDIAN AND WARD, subtitle Appointment of guardian, limited guardian; PROBATE, subtitle Limited guardianship) LIMITED LIABILITY COMPANIES Actions and proceedings complaint 25.15.380 expenses 25.15.385 plaintiff, eligibility 25.15.375 right to bring action 25.15.370 Annual reports 25.15.105 Application of chapter 25.15.800 Assignment of interest 25.15.245, 25.15.250 Breach of agreement 25.15.140, 25.15.170 Business permitted 25.15.030 Businesses or professions licensed under Title 18, operation as limited liability companies Ch. 18.190 Certificate of formation amendment 25.15.075 cancellation 25.15.080 contents 25.15.070 execution 25.15.085 filing 25.15.095 filing, effect 25.15.070 judicial order to execute, amend, or cancel 25.15.090 restated certificate 25.15.100 Contributions form 25.15.190 liability and obligation 25.15.195 Creditors, rights of judgment creditor 25.15.255 Definitions 25.15.005 Dissolution administrative action by secretary of state 25.15.280, 25.15.285, 25.15.290 distribution of assets 25.15.300 judicial 25.15.275 remedies available after 25.15.303 when 25.15.270 winding up affairs 25.15.295 Distributions allocations 25.15.205 dissociation, distribution 25.15.220 (2008 Ed.) LIQUOR CONTROL BOARD in-kind distributions 25.15.225 interim distributions 25.15.215 limitations 25.15.235 right to allocations and distributions 25.15.230 Electronic filing 25.15.007 Fees and charges, secretary of state’s authority to establish 25.15.805 Foreign injunctions to enjoin from doing business 25.15.345 laws governing organization and affairs 25.15.310 merger of foreign and domestic companies, procedure 25.15.415 registration amendments to application 25.15.330 application 25.15.315 cancellation 25.15.335 issuance 25.15.320 name, registered office, and registered agent 25.15.325 prerequisite to action, suit, or proceeding 25.15.340 revocation 25.15.365, 25.15.366 service of process 25.15.355, 25.15.360 transactions not constituting doing business 25.15.350 Indemnification 25.15.040 Initial reports 25.15.105 Liability, limitation 25.15.040, 25.15.060, 25.15.125, 25.15.155 Management powers and duties 25.15.150 Managers breach of company agreement 25.15.170 business transactions authorized 25.15.035 classes of managers 25.15.165 liability 25.15.155 member management 25.15.185 resignation 25.15.180 rights, powers, duties, and restrictions 25.15.160 Members admission 25.15.115 agreements 25.15.050 assignee’s right to become member 25.15.260 breach of company agreement 25.15.140 business transactions authorized 25.15.035 classes of membership 25.15.120 contributions, form 25.15.190 dissociation from membership 25.15.130, 25.15.220 liability 25.15.060, 25.15.125, 25.15.155 residency 25.15.055 voting 25.15.120 withdrawal from membership 25.15.130 Mergers approval of plan of merger 25.15.400 articles of merger, contents and filing 25.15.405 definitions 25.15.425 dissenters’ rights 25.15.435, 25.15.440, 25.15.445, 25.15.450 effect 25.15.410 effective date 25.15.395 foreign and domestic limited liability companies, procedure 25.15.415 member’s dissent and payment of fair value 25.15.430, 25.15.460, 25.15.470, 25.15.475, 25.15.480 plan of merger, contents 25.15.395 transfer of members’ interests, restriction 25.15.455, 25.15.465 Name registered name 25.15.015 requirements 25.15.010 reserved name 25.15.015 Office, registered office in state 25.15.020 Powers 25.15.030 Professional limited liability companies organization and operation 25.15.045 (2008 Ed.) Professions or businesses licensed under Title 18, operation as limited liability companies Ch. 18.190 Profits and losses, allocation 25.15.200 Record-keeping requirements 25.15.135 Registered agent 25.15.020 Reliance on reports and information 25.15.175 Rules, secretary of state’s authority 25.15.810 Service of process 25.15.025 Trade names, registration required 19.80.010 Voting managers 25.15.165 when required 25.15.120 LIMITED LIABILITY PARTNERSHIPS Application 25.05.500 Fees and charges, authority of secretary of state 25.05.902 Foreign limited liability partnerships activities not constituting transacting business 25.05.565 attorney general, authority to maintain action to restrain 25.05.570 law governing 25.05.550 registration, application 25.05.555 registration, effect of failure to qualify 25.05.560 Formation 25.05.500 Health care professionals, organization to render professional services 25.05.510 Name 25.04.716, 25.05.505 Professional services, organization to render 25.05.510 LIMITED PARTNERSHIPS (See PARTNERSHIPS, subtitle Limited partnerships) LIMOUSINE SERVICE OPERATORS Advertising 46.72A.080 Business license required 46.72A.050 Chauffeur, defined 46.04.115 Chauffeurs criteria 46.72A.090 unprofessional conduct, sanctions 46.72A.100 Continued operation of existing limousine 46.72A.130 Definitions 46.04.274 Fees, deposit 46.72A.110 Insurance requirements, penalty for violations 46.72A.060 Office required, exception 46.72A.020 Regulatory authority of department of licensing and port districts 46.72A.030, 46.72A.040 Rule making authority of department of licensing 46.72A.120 Uniform business and professions act 46.72A.140 Vehicle certificate, issuance and penalty for violations 46.72A.070 Vehicle certificate required 46.72A.050 LINCOLN COUNTY Boundaries, tracing of 36.04.220 Superior court judges, number of 2.08.063 LINCOLN’S BIRTHDAY School holiday, president’s day 28A.150.050 LIQUID PETROLEUM GAS (See OIL AND GAS, subtitle Liquid petroleum gas) LIQUIDATION Banks, See BANKS AND BANKING, subtitle Liquidation Corporations, See CORPORATIONS, subtitle Insolvency Insurance companies alien insurers generally 48.31.070 mutual insurers, domestic distribution of assets 48.09.360 reciprocal insurers, distribution of assets 48.10.320 Insurance companies, See also INSURANCE, subtitle Liquidation LIQUOR (See ALCOHOLIC BEVERAGES) LIQUOR CONTROL BOARD Actions and proceedings against board, jurisdiction 66.08.100 Administrative authority 66.08.020 Administrative expenses, appropriation and payment 66.08.026 Administrative procedure act, application 66.08.150 Advertising liquor, restrictions 66.08.060 Agency vendors ineligible for state employees retirement system membership 41.40.023 Alcohol awareness program, duties 66.08.050 Alcohol servers, See ALCOHOLIC BEVERAGES, subtitle Alcohol servers Alcoholic beverage purchases by board, restrictions 66.08.070 Attorney general as counsel 66.08.022 Audits of records 66.08.024 Bond and oath 66.08.014 Construction and maintenance account 66.08.235 Definitions 66.04.010 Employees employment authorized 66.08.016 interest in manufacture or sale of liquor prohibited 66.08.080 liability of board for actions 66.08.100 representation of manufacturers and wholesalers prohibited 66.08.075 Sabbath, working on 66.16.120 unauthorized sale of liquor prohibited 66.08.090 Ethyl alcohol, sale and pricing Ch. 66.16 Inspection of books and records 66.08.130, 66.08.140 Inspection of licensed premises or banquet permit premises authorized 66.28.090 Law enforcement training or investigation, use of forfeited liquor 66.08.095 Liability for damages 66.08.100 Licenses powers and duties Ch. 66.24 rules adoption 66.08.0501 Liquor revolving fund border areas, distribution 66.08.195, 66.08.196, 66.08.198 cities and towns, distribution 66.08.210 counties, distribution 66.08.200 deposits and disbursements 66.08.170 distribution 66.08.180, 66.08.220 excess funds, disbursement and withholding for noncompliance 66.08.190 transfer of funds 66.08.240 wine commission disbursement 66.08.230 Manufacturers and wholesalers, representation by officers or employees prohibited 66.08.075 Membership 66.08.012 Oaths and affirmations 66.08.055 Powers and duties 66.08.030, 66.08.050, 66.08.055 Public records, availability 66.08.024 Quorum 66.08.012 Regulatory authority and scope of powers 66.08.030, 66.08.050 Retail sales strategy to improve 66.08.165 Salary 66.08.012 Samples furnished to board, standards and accountability 66.28.045 State liquor stores, establishment and operation Ch. 66.16 Subpoena issuing authority 66.08.145 Sunday sales 66.08.166, 66.08.167, 66.16.120 Terms, vacancies, and removal 66.08.014 Warehouse acquisition 66.08.160 Wine commission, initial disbursement and repayment 66.08.230 [RCW Index—page 453] LIQUOR REVOLVING FUND LIQUOR REVOLVING FUND (See ALCOHOLIC BEVERAGES, subtitle Liquor revolving fund) LIS PENDENS Actions affecting title to real property cancellation 4.28.320 effect 4.28.320 liability of claimants 4.28.328 procedure 4.28.320 Conveyances, actions affecting title to real property, effect on 4.28.320 Ejectment and quieting title actions, effect of 7.28.260 Land boundary proceedings, filing 58.04.040 Registration of land titles, copy of application 65.12.100 Unknown heirs and claimants as to real property actions, filing notice of lis pendens 4.28.160 LITERACY Adult literacy program Ch. 28B.06 Information and technology literacy definition and standards for implementation 28B.10.125 Reading literacy improvement programs 28A.300.290, 28A.300.295, 28A.300.300 Reading skills primary grade reading grant program 28A.300.330, 28A.300.340 second grade assessment 28A.300.310, 28A.300.320 LITERARY ORGANIZATIONS Nonprofit corporations, authorized 24.03.015 LITTER CONTROL AND RECYCLING (See also RECYCLING; TIRE RECYCLING; WASTE REDUCTION; WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT) Adopt-a-highway program 47.40.100 local programs 47.40.105 Cities and towns public works contracts recycled materials, preferential purchase of, authorization 35.23.352 recyclable and reusable materials, collection, transportation, and sales by private or nonprofit entity, authorization 35.21.158 Collection, transportation, and sales of recyclable materials in optional municipal code cities, authorization 35A.21.155 Counties collection of source separated recyclable material 36.58.040 disposal sites, recyclable materials acquisition 36.58.010 Disposal sites, recyclable materials county acquisition and use 36.58.010 First class cities public works contracts recycled materials, preferential purchase of, authorization 35.22.620 Litter collection programs, coordination 70.93.220 Littering infractions litter receptacles 70.93.090 littering prohibited 70.93.060 Pull-tab openers prohibited definitions 70.132.020 enforcement, rules 70.132.040 penalty 70.132.050 legislative finding 70.132.010 sale 70.132.030 Recyclable materials collection and transportation by recycling company or nonprofit entity application of chapter 36.58.160 processing facilities notice of applications for assistance 43.160.077 Recycled materials and products [RCW Index—page 454] market development 43.31.545 state purchasing, preferences definitions 43.19.538 Roads and highways community restitution litter cleanup programs 72.09.260 Solid waste generally Ch. 70.95 State parks community restitution policy and procedures 79A.05.050 waste reduction and recycling 79A.05.045 Tax imposed on retailers, manufacturers Ch. 82.19 Transportation, department of, right of way duties 47.40.090 Vehicles covering requirements 46.61.655 LIVESTOCK Agister liens, See LIENS, subtitle Agister liens Agricultural fairs, youth shows, and exhibitions Ch. 15.76 Artificial insemination lien upon female or offspring 60.52.035 Beef commission Ch. 16.67 Brands and marks agriculture department director’s powers and duties 43.23.160 brand inspection 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230 brand is owner’s personal property 16.57.090 certificates of permit, inspection, or selfinspection 16.57.240 conflicting claims to brand 16.57.070 crime concerning 9.16.010 definitions 16.57.010 enforcement 16.57.350, 16.57.360 federal requirements, rule compliance 16.57.353 fees, disposition 16.57.370 inspection by veterinarians 16.57.025 instruments affecting title 16.57.090 production record brands 16.57.040 reciprocal governmental agreements 16.57.340 recording requirements 16.57.020, 16.57.060, 16.57.130, 16.57.140 removal or alteration 16.57.120 renewal 16.57.023, 16.57.080 right to use 16.57.100, 16.57.105 size and characteristics 16.57.110 tattoo brands and marks not recordable 16.57.030 unlawful possession of branded livestock 16.57.280 unrecorded brand, use prohibited 16.57.050 Bulls castration or gelding of bulls running at large 16.24.180 running at large, restrictions 16.24.190, 16.24.200, 16.24.210 Carcasses composting 70.95.306 disposal Ch. 16.68 Care, liens for, See LIENS, subtitle Livestock Certificates of permit, inspection, or selfinspection 16.57.240 Certified feed lots, licensing Ch. 16.58 Consignor 20.01.430 Cows milk from diseased cows, sale prohibited, exception 15.36.151 Cows and other mammals health requirements 15.36.161 Cruelty to animals Ch. 16.52 Dairy nutrient management Ch. 90.64 Damaged or stolen, action for, treble damages, attorney’s fees 4.24.320 Dead animals, disposal, See CARCASSES Dealers identification, carrying 20.01.380 payment required, when 20.01.390 provide bond for agent 20.01.210 Diagnostic service program, livestock diseases prevention and control Ch. 16.38 Diseases duty to bury carcass 16.36.102 state veterinarian, powers and duties 43.23.070 Diseases, See also ANIMAL HEALTH Dogs killing or injuring killing of dog allowed 16.08.020 liability 16.08.010 Feed, See also FEED Feed containing noxious weed seeds or toxic weeds, penalty 17.10.235 Feed lots, licensing Ch. 16.58 Fences Ch. 16.60 Floodplain management ordinances livestock flood sanctuary areas required 86.16.190 Goats brands and marks Ch. 16.57 Grazing grant of grazing privileges required on state or federal lands 16.24.065 Hanford reservation disposition of impounded livestock 43.23.220 Herd laws, See LIVESTOCK, subtitle Stock restricted areas Highways herding on highway right-of-way, limitations 16.24.070 Horses, See HORSES Humane slaughter Ch. 16.50 Identification Ch. 16.57, Ch. 16.58 agriculture department director’s powers and duties 43.23.160 Identification certificates 16.57.400 Impounding - no certificate or proof of ownership when offered for sale disposition 16.57.290 notice of sale 16.57.310 proceeds from sale 16.57.300, 16.57.303 proceeds from sale, disposition of 16.57.320, 16.57.330 Injury to Ch. 9A.48 Liens, See LIENS, subtitle Livestock Livestock identification advisory board membership and duties 16.57.015 Marketing, See AGRICULTURAL MARKETING Moving or transporting authority to stop vehicles 16.57.245 carcass or primal part, requirements 16.57.275 certificate or proof of ownership required 16.57.243 failure to present for inspection 16.57.267 removal from state, requirements 16.57.260 unlawful to refuse assistance in establishing identity and ownership 16.57.270 Nonambulatory transporting or accepting delivery, violations 16.52.225 Nutrient management program public records, disclosure 90.64.190 statutory review 90.64.170 water monitoring, protocol 90.64.180 Quarantine, See ANIMAL HEALTH Rabbits brand and marks Ch. 16.57 Railroads cattle guards 81.52.050 cruelty to livestock in transit, penalty 81.48.070 fences, duty to construct and maintain 81.52.050 liability for injury to 81.52.060 prima facie negligence if inadequate fence or cattle guard 81.52.070 Range areas moving another’s livestock 16.24.230 posting of sign on road entering area 16.24.060 (2008 Ed.) LOBBYING AND LOBBYISTS Registration of false certificate of registration, penalty 9.08.030 Rendering plants Ch. 16.68 Running at large bull breed restrictions 16.24.190, 16.24.210 bulls to female ratio 16.24.200, 16.24.210 castration or gelding 16.24.180 limitations 16.24.090 moving another’s livestock from range 16.24.230 old or diseased animal, cruelty, penalty 16.52.110 prohibition 16.24.065 prosecution, brand as evidence of ownership 16.24.100 public nuisance, impoundment 16.24.110, 16.24.120, 16.24.130, 16.24.140, 16.24.150, 16.24.160, 16.24.170 separating strays from herd 16.24.220 stock restricted areas, designation procedures 16.24.010, 16.24.020, 16.24.030, 16.24.040, 16.24.050 United States military reservations 16.04.080 Slaughterhouses, See SLAUGHTERHOUSES State veterinarian powers and duties 43.23.070 Stock restricted areas, designation procedures 16.24.010, 16.24.020, 16.24.030, 16.24.040, 16.24.050 Stolen or damaged, action for, treble damages, attorney’s fees 4.24.320 Strays separating strays from herd 16.24.220 Swine brands and marks Ch. 16.57 Theft 9A.56.080, 9A.56.083, 9A.56.085 Transportation and storage liens, sale 60.60.020 Trespassing animals damages and costs actions for damages 16.04.030, 16.04.040, 16.04.045, 16.04.050, 16.04.060, 16.04.070 liability 16.04.010, 16.04.015 trespass via fence damaged by wildlife 16.04.100 fences Ch. 16.60 owner unknown, procedure 16.04.025 restraint 16.04.020 United States military reservations 16.04.080 Water flows or levels, establishment of minimum for stockwatering requirements Ch. 90.22 LIVESTOCK IDENTIFICATION ADVISORY BOARD (See LIVESTOCK) LIVESTOCK MARKETS Appeals of orders 16.65.450 Bond to operate 16.65.200, 16.65.210, 16.65.220, 16.65.230, 16.65.235, 16.65.240, 16.65.250 Complaints, investigations 16.65.320, 16.65.330 Consignor’s name announcement 16.65.044 Consignors or vendors, prohibited practices 16.65.150 Definitions 16.65.010 Examinations and testing 16.65.340, 16.65.350 Exceptions 16.65.015 Facilities 16.65.350, 16.65.360, 16.65.380, 16.65.390 Fees 16.65.030, 16.65.037, 16.65.040 Information and records, availability to news services and agriculture director 16.65.430 Inspection, fees 16.65.090, 16.65.100 Licensees, duties Ch. 16.65 Licenses 16.65.030, 16.65.037, 16.65.040, 16.65.060, 16.65.080 Liens, failure to disclose, penalty 16.65.150 Mortgages, failure to disclose, penalty 16.65.150 Packer’s ownership or controlling interest in market limited 16.65.410 Proceeds from sales, duties of licensees 16.65.120, 16.65.130, 16.65.140, 16.65.160, (2008 Ed.) 16.65.260, 16.65.270, 16.65.280, 16.65.290, 16.65.300, 16.65.310 Public hearings 16.65.445 Purpose of chapter 16.65.005 Rates and charges schedule 16.65.190 unjust or discriminatory prohibited 16.65.180 Records of licensee 16.65.170 Refusal to accept consignment 16.65.370 Rulemaking authority of agriculture director 16.65.020 Sale dates 16.65.420, 16.65.424 Sanitation 16.65.350, 16.65.360 Special open consignment horse sales, See HORSES, subtitle Special open consignment sales Supervision 16.65.020 Violations, penalties 16.65.440 Watering and feeding facilities 16.65.370 Weighing of livestock 16.65.400 LIVING WILLS Natural death act Ch. 70.122 LLAMAS (See ANIMALS) LOANS Agricultural lenders farmers home administration loan guaranty program Ch. 31.35 Banks, See BANKS AND BANKING, subtitle Loans Boats vendor single-interest or collateral protection coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 Check cashers and sellers small loan endorsement Ch. 31.45 Colleges and universities, See COLLEGES AND UNIVERSITIES, subtitle Loans Consumer leases, See CONSUMER LEASES Consumer loan act Ch. 31.04 Courts, money deposited in, consent of party 4.44.500 Credit reports, fair credit reporting act Ch. 19.182 Credit unions limit on amount 31.12.428 Credit unions, See CREDIT UNIONS, subtitle Loans Development credit corporation loans 31.20.060, 31.20.080 Development loan fund committee, See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF, subtitle Development loan fund committee Farmers home administration loan guaranty program Ch. 31.35 Federal loans and grants for public works, acceptance of authorized 39.28.040 Gambling purposes, prohibited 9.47.120 High risk consumer loans Ch. 31.04 Industrial loan companies, See INDUSTRIAL LOAN COMPANIES Insurance life and annuities generally 48.23.080 interest rate 48.23.085 Insurance in connection with credit transactions generally Ch. 48.34 Insurance policies, limitation 48.13.190 Limitations on loans to one person by banks and trust companies 30.04.111 Loan originators Ch. 19.146 Math and science teachers definitions 28B.15.760 procedures, conditions 28B.15.762 program duration 28B.15.766 publicize program 28B.15.764 Metropolitan municipal corporations, powers, money, borrowing from component city or county 35.58.480 Minority and women’s business enterprises linked deposit program 43.86A.060, 43.86A.070, 43.86A.080 Mortgage brokers Ch. 19.146 Mortgage insurance Ch. 61.10 Mortgage lending and homeownership Ch. 19.144 Mortgage loan servicing, sale, or transfer Ch. 19.148 Motor vehicles vendor single-interest or collateral protection coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 Municipal corporations, loans from state or federal government agreements 39.69.020 constitutional debt limitation 39.69.030 municipal corporation defined 39.69.010 Mutual savings banks, See MUTUAL SAVINGS BANKS, subtitle Loans Pistols, regulation of 9.41.120 Profiteering Ch. 9A.82 Public facilities county-wide planning policy, preference to party to 43.17.250 Public works assistance account public works board 43.155.070 Public works projects 60.28.010 Residential mortgage loan closing valuation disclosure requirements Ch. 19.149 Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Investments Small business loans, federally guaranteed Ch. 31.40 Small loans made by licensed check cashers and sellers Ch. 31.45 State may borrow to meet debts Const. Art. 8 § 1 Student loans allowable interest rates, nonprofit corporations 24.03.480 Tax refund anticipation loans Ch. 19.265 Teachers retirement funds, trustees not to guarantee loans 41.50.220 Trust companies, See TRUST COMPANIES, subtitle Loans Trustees, power to make 11.98.070 Unlawful practices 30.04.510 LOBBYING AND LOBBYISTS (See also PUBLIC DISCLOSURE) Board or commission members, employment by lobbyist or lobbyist employer 42.17.210 Definitions 42.17.020 Duties of lobbyist 42.17.230 Elective officials legislative activities 42.17.190 Employment of legislators, board or commission members, or state employees 42.17.210 Employment of unregistered person to lobby a violation 42.17.220 Government agencies and employees legislative activities 42.17.190 Grass roots lobbying campaigns 42.17.200 Legislative activities of state agencies, other units of government, elective officials, and employees 42.17.190 Legislator, employment by lobbyist or lobbyist employer 42.17.210 Photograph and information booklet 42.17.155 Policy declaration 42.17.010 Prohibited lobbyist activities 42.17.230 Registration of lobbyists 42.17.150 exemption from registration and reporting 42.17.160 Reporting by employers of lobbyists and others 42.17.180 Reporting by lobbyists 42.17.170 exemption from registration and reporting 42.17.160 late contributions or large totals 42.17.175 [RCW Index—page 455] LOCAL ASSESSMENTS notification to person named in report 42.17.172 State agencies legislative activities 42.17.190 State employees, employment by lobbyist or lobbyist employer 42.17.210 Unregistered person, employment to lobby a violation 42.17.220 LOCAL ASSESSMENTS (See LOCAL IMPROVEMENTS AND ASSESSMENTS) LOCAL GOVERNMENT SERVICE AGREEMENTS Motor vehicle fuel taxes, distribution to counties, cities, and towns transfer of funds by government service agreement authorized 46.68.230 Sales and use taxes alteration of county share of city tax receipts under government service agreement 82.14.034 alterations in rate under government service agreement 82.14.032 transfer of funds under government service agreement 82.14.212 LOCAL GOVERNMENTS Community restitution litter cleanup programs 72.09.260 Credit card use for purchases, conditions 43.09.2855 Electronic signatures certification authority 43.105.320 Emergency management program, powers and duties Ch. 38.52 Energy audits, municipalities 43.19.691 Environmental excellence program agreements Ch. 43.21K Execution of judgments against 6.17.080 Financial reports to state auditor 43.09.230 Funds investment of surplus administration of chapter by state finance committee 43.250.090 annual summary 43.250.080 definitions 43.250.020 employment of personnel by state treasurer 43.250.050 investment pool 43.250.060 public funds investment account 43.250.030, 43.250.040 separate accounts for participants 43.250.070 Improper governmental action whistleblower protection definitions 42.41.020 intimidation of whistleblower prohibited 42.41.045 legislative policy 42.41.010 Indebtedness limitations Ch. 39.36 Judgments, execution against 6.17.080 Local government management of program delegated by state final report or study, prerelease copy to local government 43.17.370 Newly incorporated city or town duty to assist during interim 35.02.270 Payment agreements authority of local governments to enter into authority cumulative 39.96.080 authorization and conditions for entry into agreement 39.96.030 calculations regarding payment of obligations 39.96.060 credit enhancement or similar agreements, authority to make in connection with payment agreement 39.96.050 definitions 39.96.020 findings 39.96.010 payment sources 39.96.050 status of payments 39.96.060 [RCW Index—page 456] terms and conditions of agreements 39.96.040 Public records electronic access 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.300, 43.105.310 Recycled products procurement definitions 43.19A.010 duties 43.19A.030 preferential purchase policy 43.19A.040 purpose 43.19A.005 requirements Ch. 43.19A procurement, notice of requirements 43.19A.080 Road projects compost products use in 43.19A.110 Self-insurance authority access to program information 48.62.101 bond requirements 48.62.111 definitions 48.62.021 deposit requirements 48.62.111 educational service district programs, rulemaking authority of superintendent of public instruction 48.62.125 employee remuneration beyond salary and benefits prohibited 48.62.121 executive sessions, authority to hold 48.62.101 governing control, obligation to maintain 48.62.121 health and welfare advisory board creation, membership, and duties 48.62.051 health and welfare benefit trusts authority to participate in 48.62.121 existing health and welfare benefit trust program, compliance requirements 48.62.123 health care services, inclusion of mandated benefits 48.62.121 immunity for disclosure of information required by state risk manager or state auditor 48.62.171 insufficient assets, provision for, requirements 48.62.141 insurance premium taxes, exemption from 48.62.151 investigation fee, state risk manager to establish and charge 48.62.161 investments, restrictions on 48.62.111 multi-state program participation, requirements 48.62.081 operation and management of program, general conditions and restrictions on 48.62.121 preexisting programs, notice to state auditor required 48.62.131 producers, use of 48.62.121 program approval or disapproval, state risk manager’s duties 48.62.091 program approval required from state risk manager 48.62.071 property and liability advisory board creation, membership, and duties 48.62.041 public disclosure, limits on 48.62.101 reviews and investigations, costs to be charged to program under review or investigation 48.62.161 risk manager as attorney for acceptance of service 48.62.031 scope of authority 48.62.031 start-up assessments, authority of advisory boards to levy and collect 48.62.161 state risk manager rule-making and standard setting authority 48.62.061 summons, service of 4.28.080 treasurer, designation of 48.62.111 Service agreements children and family services, criteria 36.115.030 contents 36.115.040 counties affected 36.115.060 definitions 36.115.020 geographic area covered 36.115.040 growth management act, effect 36.115.080 matters included in agreements 36.115.050 procedures for establishment 36.115.060 Taxation levies, review of by state auditor, mandatory 43.09.265 lodging tax Ch. 67.28 Tourism-related facilities financing Ch. 67.28 Water resource management Ch. 90.82 Watershed planning and management Ch. 90.82 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 Whistleblowers disclosures confidentiality 42.41.900 intimidation of whistleblower prohibited 42.41.045 local government administrative hearings account 42.41.060 protection definitions 42.41.020 exemptions 42.41.050 legislative policy 42.41.010 retaliatory action unlawful penalty 42.41.040 relief by employee 42.41.040 right to report policies and procedures 42.41.030 LOCAL IMPROVEMENT DISTRICTS Assessments alternative or additional method 35.51.030 loan agreements, payment 35.51.050 Authority to establish counties 36.94.230 Bond issues mutual savings banks, investment in 32.20.120 savings and loan associations, investment in 33.24.080 Bonds, notes, warrants, obligations reserve fund authorized 35.51.040 Cities and towns, See LOCAL IMPROVEMENTS AND ASSESSMENTS, subtitle Cities and towns Classification of property assessments alternative or additional methods 35.51.030 definitions 35.51.010 public or private restrictions, assessment based on 35.51.030 Community renewal 35.81.190, 35.81.200 County park and recreation districts authority for 36.69.200 hearings 36.69.250 initiation of proceedings 36.69.210, 36.69.220, 36.69.230 County roads and bridges, service districts, authorized to form 36.83.050 Fire protection districts emergency medical purposes authorization for 52.20.010 formation hearing, notice 52.20.020 cities and towns law, application definitions 52.20.025 petition dismissal or approval 52.20.020 resolution of board, dismissal or approval 52.20.010, 52.20.020 formation cities and towns law, applicability, definitions 52.20.025 notice to contain statement that assessments may vary from estimates 52.20.022 local improvement district fund creation 52.16.020 Indian claims settlement (2008 Ed.) LOCAL IMPROVEMENTS AND ASSESSMENTS counties, creation for purpose of payment authorized 36.32.540 organization of district to finance authorized 35.43.280 Insurance, pools, self-insurance authorized Ch. 48.62 Intercounty rural library districts, See LIBRARIES, subtitle Intercounty rural library districts Irrigation districts notice of formation to contain statement that assessments may vary from estimates 87.03.486 Irrigation districts, See also IRRIGATION DISTRICTS, subtitle Local improvement districts Joint planning, construction, and operation of improvements authority 35.51.020 Liability of officials, members, immunity 4.24.470 Parking and business improvement areas, establishment and authority to levy special assessments Ch. 35.87A Petition for creation 35.43.125 Port districts authority to establish 53.08.050 formation notice to contain statement that assessments may vary from estimates 53.08.055 Potable water facilities 35.43.270 notice of proposal 36.94.235 Public corporations joint planning, construction, and operation 35.51.020 Public corporations may use financing mechanisms 35.43.005 Public utility districts, See PUBLIC UTILITY DISTRICTS Right of way donations, credit against assessment 35.44.420 Risk management services authorized Ch. 48.62 Sanitary sewer facilities 35.43.270 notice of proposal 36.94.235 Underground utilities, location, damage Ch. 19.122 Water-sewer districts Ch. 57.16 LOCAL IMPROVEMENTS AND ASSESSMENTS Aquatic plant control, authority, generally 35.43.040 Assessment rolls park and recreation districts 36.69.280 sidewalks and driveways across 35.68.050 Assessments alternate method of computation 35.44.047 alternative or additional method 35.51.030 fire protection districts, emergency medical purposes 52.20.010 loan agreements, payment 35.51.050 local improvements, may be made by Const. Art. 7 § 9 public utility districts 54.16.160, 54.16.165 Bonds guaranty fund bondholders’ remedies, money transfers 36.94.400 establishment, delinquency 36.94.380 subrogation, interest, foreclosure purchases 36.94.390 Bridges, authority, generally 35.43.040 Cities and towns appeal procedure 35.44.260 bonds and securities, execution 35.44.220 decisions, copy to officer with assessment roll 35.44.270 hearing by superior court 35.44.250 how perfected 35.44.200 notice of 35.44.210 notice to city legal department 35.44.240 transcripts contents 35.44.230 (2008 Ed.) fees 35.44.230 aquatic plant control 35.43.040 assessment districts basis for assessment 35.44.010 cost items, inclusion 35.44.020 subdivisions of 35.44.030 what property assessed 35.44.010 zones 35.44.030 assessment liens attachments 35.50.010 bridges, elevated 35.85.030 objections or defenses 35.50.020 priority 35.50.010 roadways, elevated 35.85.030 sanitary fills 35.73.050 validity 35.50.020 viaducts 35.85.030 assessment reimbursement accounts 35.43.188 assessment rolls amendments 35.44.120 bridges, elevated 35.85.020, 35.85.030 curb and gutter construction and repair 35.68.050 diagram on preliminary survey, conclusive effect 35.44.060 entry of assessments against property 35.44.050 filing 35.44.070 filling lowlands 35.55.060, 35.55.070, 35.56.070, 35.56.080 hearings 35.44.070 modification or revision, authority of council 35.44.100 notice of hearing 35.44.080, 35.44.090 objections 35.44.110 posting proposed roll 35.50.005 roadways, elevated 35.85.020, 35.85.030 viaducts 35.85.020, 35.85.030 water rights acquisition 35.92.260 assessments assessable units of frontage 35.44.040 bonds to pay, installments, number and due date 35.49.020 bridges, elevated 35.85.030 canals and ditches, rates of, computation 35.44.045 city property authority for 35.44.130 payment 35.49.060 transfer of money from general fund 35.49.060 treasurer, duties 35.49.060 collection by city treasurer 35.49.010 county property authority for 35.44.140 payment 35.49.070 curbs and gutter construction and repair, method of payment 35.68.060, 35.68.070 delinquent, interest for 35.49.030 first class cities, special 35.22.280 harbor area leaseholds 35.44.150 installments, failure to pay, effect 35.50.040 joint owners, payment by one 35.49.090 lands adjoining metropolitan park districts 35.61.220 lower uniformly if funds available 35.44.190 metropolitan park district property 35.44.170, 35.49.080 payment 35.49.080 noncontinuous improvements 35.43.050 notices of collection 35.49.010 omitted property authority for 35.44.360 certification of roll for collection 35.44.380 confirmation ordinance 35.44.380 hearing 35.44.370 law relating to 35.44.350 notice of 35.44.370 resolution of council 35.44.370 payment after thirty day period 35.49.050 error in, remedy 35.49.100 joint owners 35.49.090 ordinance to prescribe time of 35.49.030 record of 35.49.110 time for, generally 35.49.040 without interest or penalty 35.49.040 pedestrian malls 35.71.100 prepayment of installments subsequently due 35.49.050 rates per square foot 35.44.040 record of payment, duty of treasurer 35.49.110 refund of excess funds demands 35.45.090 protected balances 35.45.090 rights of action 35.45.090 roadways, elevated 35.85.030 sanitary fills 35.73.040 segregation of assessment upon division of land 35.44.410 sidewalks and driveways across, method of payment 35.68.060, 35.68.070 special benefit or whole benefits 35.43.050 subways 35.85.060, 35.85.070 supplemental law relating to 35.44.350 limitation of time for 35.44.400 when authorized 35.44.390 time of payment, ordinance to prescribe 35.49.030 tunnels 35.85.060, 35.85.070 unfit dwellings, repair, removal, or demolition costs 35.80.030 viaducts 35.85.030 warrants acceptable in payment of 35.45.140 water rights 35.92.230, 35.92.240 mode of 35.92.260 auditoriums 35.43.040 authority, generally 35.43.040 authority of cities to levy special taxes for Const. Art. 7 § 9 auxiliary water systems authority, generally 35.43.040 bonds authority to issue 35.45.010 bondholder’s remedies 35.45.080 calling 35.45.050 content 35.45.030 contractor share 35.45.040 date payable 35.45.020 form 35.45.030 interest how payable 35.45.060 may by paid from general revenues 35.45.030 limitation upon issue 35.45.010 local improvement guaranty fund, bondholders recourse to 35.45.080 payment by installments 35.49.020 generally 35.49.020 proceeds of sale 35.45.040 sale of 35.45.040 savings and loan associations may investment in 33.24.080 water rights 35.92.230 mode of 35.92.260 bonds and warrants, nonguaranteed and delinquent, special revolving fund composition 35.48.010 maximum purchase price to be paid 35.48.020 ordinances directing action 35.48.060 previous funds, use of 35.48.050 refund of surplus 35.48.030 reimbursement of 35.48.040 sale of acquired property 35.48.030 subrogation of city 35.48.030 transfer of assets to 35.48.050 use of, limitation 35.48.020 boulevards and lanes, authority, generally 35.43.040 bridges, elevated, ordinance ordering improvement 35.85.020 calling in bond issues 35.45.050 [RCW Index—page 457] LOCAL IMPROVEMENTS AND ASSESSMENTS charters of first class cities superseded 35.43.030 city council, defined 35.43.010 city liability to bondholders 35.45.070 contracts, work done for assessments 35.43.190 conflict with municipal ordinances 35.43.030 general rule 35.43.020 conversion of local improvement district into utility local improvement districts 35.43.043 credits for other assessments 35.43.186 curbs along streets, construction, reconstruction, and repair general authority 35.68.010 laws relating to 35.68.080 resolution required prior to undertaking contents 35.68.020 hearing 35.68.030 sidewalk construction fund 35.68.040 definition of terms 35.43.010 diagram of improvements, filing 35.50.005 districts lying outside city or town, formation authorized 35.43.030 divestment of jurisdiction, procedure 35.43.180 drawbridges authority to construct 35.74.010 county commissioners notice to 35.74.020 width of draw, determination 35.74.030 franchises to construct authority to grant 35.74.010 prerequisites to grant 35.74.060 inspection upon completion 35.74.060 navigation, effect upon 35.74.040 notice to county commissioners 35.74.020 specifications 35.74.040 width of draw, determination by county commissioners 35.74.030 driveways across sidewalks, construction, reconstruction, and repair general authority 35.68.010 laws relating to 35.68.080 resolution required prior to undertaking contents 35.68.020 hearing 35.68.030 sidewalk construction fund 35.68.040 electrified public streetcar line 35.43.040 escalators authority for local improvement 35.43.040 petition for local improvement district when necessary 35.43.110 estimated cost and expense of improvements, filing 35.50.005 existing districts (irrigation, water supply) validated 35.92.265 field houses, authority, generally 35.43.040 filing title of improvement and diagram 35.50.005 first class cities authority for special assessments 35.22.280 bonds voted by people, transfer of funds 35.22.590 special fund creation 35.22.580 refunding of balance 35.22.580 transfer to other funds 35.22.590 violations of law 35.22.600 foreclosure assessments property acquired by city at proceedings, disposition 35.53.070 foreclosure of assessments authority and conditions 35.50.030 city payment of general taxes 35.49.140 curbs and gutter construction and repair 35.68.070 deferral of collection of assessments for economically disadvantaged persons, authorized 35.43.250 limitation of action 35.50.050 procedure 35.50.260 [RCW Index—page 458] commencement of action 35.50.220 form of summons 35.50.225 parties and property included 35.50.230 pleadings and evidence 35.50.240 sale of property redemption 35.50.270 summons and service 35.50.250 property acquired by city at proceedings, disposition 35.53.010, 35.53.020, 35.53.030, 35.53.040, 35.53.050, 35.53.060 sidewalks and driveways across 35.68.070 tax title property city acquisition from county before resale 35.49.150 disposition of proceeds upon resale 35.49.160 formation of local improvement districts composed of unincorporated adjacent territory authorized 35.43.030 guaranty fund bondholders recourse to 35.45.080 bonds and warrants not protected by 35.48.010, 35.48.020, 35.48.030, 35.48.040, 35.48.050, 35.48.060 payment of interest certificates on notes 35.45.150 gutters, construction, reconstruction, and repair general authority 35.68.010 laws relating to 35.68.080 resolution required prior to undertaking contents 35.68.020 hearing 35.68.030 sidewalk construction fund 35.68.040 gymnasiums, authority, generally 35.43.040 housing, See HOUSING initiation of proceedings consolidated cities, procedure 35.43.060 contract letting competitive bids 35.43.190 determination when not to let competitive bids 35.43.190 council action, finality of 35.43.100 initiation by petition for district outside city or town, denial of petition by legislative authority authorized 35.43.075 law suit challenging, limitations on 35.43.100 noncontinuous improvements assessments 35.43.050 creation of local improvement district or utility local improvement district 35.43.050 parking, off-street facilities 35.86.020 petition, initiation by requirements of 35.43.120 sufficiency of 35.43.130 when mandatory 35.43.110 petitions or resolutions, finality of council action 35.43.100 protest of proceedings 35.43.180 restraints on proceedings protest filing 35.43.180 injunctions, brining to defeat assessment sales, grounds 35.44.190 installment and installments, defined 35.43.010 installment notes bonds for repayment of 35.45.150 content of 35.45.150 redemption of 35.45.150 sale exclusively to another municipal fund 35.45.150 interest certificates, noninterest-bearing defaulted, payment from guaranty fund 35.45.150 local improvement districts assessment rolls 35.43.130 bridges, elevated 35.85.020 enlargement of boundaries for special benefits 35.43.080 lying outside city or town, divestment of jurisdiction 35.43.180 metropolitan municipal corporations, effect on 35.58.500 ordinances creating 35.43.080 petition for requirements of 35.43.120 sufficiency of 35.43.130 when mandatory 35.43.110 preliminary estimates 35.43.130 proceedings to establish 35.43.110 property in name of deceased person, effect 35.43.120 property included in 35.43.080 resolutions to initiate proceedings 35.43.110 roadways, elevated 35.85.020 sewers not constructed within ten years of voter approval, service fees to be credited against future assessments, service charges 35.43.260 subways 35.85.060 tunnels 35.85.060 viaducts 35.85.020 water rights acquisition 35.92.220 local improvement guaranty fund bonds, coupons, warrants, purchase of 35.54.070 certificates of delinquency, purchase of 35.54.080 establishment 35.54.010 interest and earnings 35.54.030 lien on benefited property, payment from guaranty fund for deferred collection of assessments for economically disadvantaged persons 35.54.100 payment from for deferred collection of assessments for economically disadvantaged persons, lien, payment dates for deferred obligations 35.54.100 previous funds 35.54.010 property subject to foreclosure, purchase of 35.54.080 rules and regulations, providing for 35.54.020 subrogation rights to assessments 35.54.040 surplus from local improvement funds 35.54.050 taxation, levy limitation 35.54.060 transfers to general fund 35.54.095 use of fund 35.54.070, 35.54.080 warrants against, limitations 35.54.090 mayor defined 35.43.010 metropolitan municipal corporations, See METROPOLITAN MUNICIPAL CORPORATIONS metropolitan park districts, lands adjoining 35.61.220 museums, arts, or cultural facilities 35.43.040 notices, mailing, conclusive effect of 35.44.180 ordinances complying with state law 35.43.030 parking, off-street facilities 35.86.020 parking commission 35.86A.090 parking facilities 35.43.040 parkways and park drives authority for, generally 35.43.040 petition for local improvement district, when necessary 35.43.110 pedestrian malls, financing 35.71.060 posting proposed assessment roll and improvements 35.50.005 preformation expenditures 35.43.184 proceedings brining actions to defeat assessment 35.44.190 conclusive effect of 35.44.190 injunctions, grounds for 35.44.190 protest of formation waiver 35.43.182 public places and drives, authority generally 35.43.040 public transportation systems 35.43.040 (2008 Ed.) LOCAL IMPROVEMENTS AND ASSESSMENTS reassessments amount limitations 35.44.310 basis for 35.44.290 credit for prior payments 35.44.320 irregularities, effect of 35.44.300 law relating to 35.44.350 limitation of time for 35.44.340 original assessments 35.44.280 payment penalties and delinquencies charged 35.44.330 time for 35.44.330 property included 35.44.290 supplemental assessments 35.44.280 when authorized 35.44.280 resolutions, publications and hearings 35.43.140, 35.43.150 revenue bonds for water or sewerage system, pledge of utility local improvement district assessments 35.41.095 roadways, elevated, ordinance ordering improvement 35.85.020 rules of construction, municipal local improvement 35.43.020 sanitary fills assessment of costs 35.73.040 authority for first and second class cities 35.73.010 city declaration of intention by resolution content 35.73.020 publication 35.73.030 improvement district bonds payment, limitation 35.73.070 ordinance for improvement 35.73.040 protest filing 35.73.040 second class cities, providing for 35.23.440 sidewalks Ch. 35.69, Ch. 35.70 construction, reconstruction, and repair general authority 35.68.010 laws relating to 35.68.080 resolution required prior to undertaking contents 35.68.020 hearing 35.68.030 sidewalk construction fund 35.68.040 special assessments Const. Art. 7 § 9 special revolving fund, delinquent nonguaranteed bonds and warrants 35.48.010, 35.48.030, 35.48.040, 35.48.050, 35.48.060 street grades, sanitary fills improvement district bonds issuance 35.73.060 street lighting systems, petition for local improvement district, when necessary 35.43.110 street railways assessment district 35.43.210 assessment of cost, how 35.43.220 authority of 35.43.200 petition, initiation by 35.43.210 procedure 35.43.230 streets and alleys agreements with county 35.77.020 authority, generally 35.43.040 county furnishing construction and maintenance 35.77.020 county use of road fund 35.77.030 establishing grade, procedure Ch. 35.73 subways, authority to construct 35.85.050 tax liens city protection of assessment liens 35.49.130 city satisfaction of 35.49.140 foreclosure of local assessments, effect 35.49.140 town council, defined 35.43.010 trust property acquired by city discharge of trust, how 35.53.020 how acquired 35.53.010 imposition of trust 35.53.010 sale or lease of 35.53.030 taxability 35.53.010 termination of trust certain property, limitations to 35.53.040 (2008 Ed.) complaint 35.53.050 parties 35.53.060 receiverships 35.53.070 summons 35.53.060 tunnels, authority to construct 35.85.050 unfit dwellings assessments for 35.80.030 demolition assessment lien against property 35.80.030 urban renewal, See CITIES AND TOWNS, subtitle Urban renewal utility local improvement districts assessment rolls 35.43.130 assessments 35.43.042 authorization 35.43.030 off-street parking facilities 35.43.042 ordinances creating 35.43.080 outside city or town, divestment of jurisdiction 35.43.180 petition for, sufficiency of 35.43.130 preliminary estimates 35.43.130 procedure to establish 35.43.042 property included in 35.43.080 viaducts, ordinance ordering improvement 35.85.020 warrants acceptance in payment of assessments 35.45.140 authorization for 35.45.130 claims and liens against improvement fund 35.45.130 interest rate 35.45.130 water quality enhancement 35.43.040 water rights acquisition by purchase of shares in water users’ association, etc. 35.92.263 acquisition of 35.92.220 areas need not be contiguous 35.92.250 Classification of property assessments alternative or additional methods 35.51.030 definitions 35.51.010 public or private restrictions, assessment based on 35.51.030 Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Consolidated districts, purpose 35.45.160 Consolidated local improvement districts, authorized, procedure 35.45.160 Contracts, cities and towns, work done for assessments 35.43.190 Counties assessments county lands assessment fund 36.33.120 park and recreation districts authority, generally 36.69.200 segregation of 36.69.290, 36.69.300 rentals of irrigated land, application toward 36.33.170 local improvement districts bondholders’ remedies, money transfers 36.94.400 guaranty fund establishment, delinquencies 36.94.380 park and recreation districts authority for 36.69.200 hearings 36.69.250 initiation of proceedings petitions 36.69.210, 36.69.230 resolutions 36.69.210, 36.69.220 notice 36.69.240 notice, to contain statement that assessments may vary from estimates 36.69.245 powers and duties of board 36.69.270 protests 36.69.260 subrogation, interest, foreclosure purchases 36.94.390 park and recreation districts, generally Ch. 36.69 sewerage, water and drainage systems appellate review 36.94.290 assessment roll 36.94.240 conclusiveness of roll when approved 36.94.280 decrease of assessment if other funds available 36.94.280 assessments notice of filing roll, protests 36.94.250 unfit dwellings, repair, removal or demolition costs 35.80.030 divestment of power to order formation, time limitation 36.94.240 enlarged local district may be formed 36.94.270 establishment 36.94.220 hearing on protests, order, appeal 36.94.260 hearings 36.94.240 initiation of district, procedure 36.94.240 notice of filing assessment roll, protests 36.94.250 segregation of special assessments, fee, costs 36.94.300 unfit dwellings, demolition assessment lien against property 35.80.030 utility local improvement districts bondholders’ remedies, money transfers 36.94.400 subrogation, interest, foreclosure purchases 36.94.390 County road improvement districts, See COUNTY ROADS AND BRIDGES, subtitle County road improvement districts Culverts, authority, generally 35.43.040 Definitions 35.43.010 Dikes and embankments, authority, generally 35.43.040 Diking and drainage districts, See DIKING AND DRAINAGE Eminent domain by city or town Ch. 8.12 Escalators, authority, generally 35.43.040 Fire protection districts emergency medical purposes formation hearing, notice petition content 52.20.010 Fire protection districts, emergency medical purposes assessments for 52.20.010 Gymnasiums, authority, generally 35.43.040 Heating systems 35.97.090 Indian claims settlement organization of district to finance authorized 35.43.280 Irrigation districts, See IRRIGATION DISTRICTS Local improvement districts assessments decrease if other funds available 36.94.280 hearing on protests, order, appeal 36.94.260 consolidation authorized 35.45.160 county sewerage, water and drainage districts appellate review 36.94.290 assessments assessment roll 36.94.240 notice of filing roll, protests 36.94.250 conclusiveness of assessment roll 36.94.280 divestment of power to order formation, time limitation 36.94.240 enlarged local districts may be formed 36.94.270 establishment 36.94.220 hearing improvement ordered 36.94.240 protests, order, appeal 36.94.260 initiation of district, procedure 36.94.240 notice of filing assessment roll, protests 36.94.250 segregation of special assessments, fee, costs 36.94.300 special assessments 36.94.220 Local improvement fund, investment 35.55.150, 35.56.140 Lowlands, filling bonds, local improvement guaranties 35.55.130, 35.56.140 [RCW Index—page 459] LOCAL INFRASTRUCTURE FINANCING TOOL PROGRAM sale of 35.55.140, 35.56.150 terms 35.55.120, 35.56.130 concurrent provisions 35.56.290 contract for improvement payment of contractor 35.55.170, 35.56.180 when let 35.55.160, 35.56.170, 35.56.270 contractor, payment, how 35.55.170, 35.56.180 damages, proceedings to recover 35.55.040, 35.56.050 eminent domain, power of 35.55.040, 35.56.050 financing by city funds 35.55.020, 35.55.060, 35.56.020 first class cities, authority 35.56.010 payment of cost by issuance of warrants 35.56.120 preliminary financing 35.55.140 reassessments 35.55.180, 35.56.280 second class cities, authority 35.55.010, 35.56.010 special assessment method of financing assessment rolls equalizing 35.55.070, 35.56.080 hearing 35.55.070, 35.56.080 preparation 35.55.060, 35.56.070 board of equalization appeals from 35.55.080, 35.56.090 city council as 35.55.070, 35.56.080 boundaries of district 35.55.030, 35.56.030 collection of assessments, liens 35.55.090, 35.56.100 equalization 35.55.070, 35.56.080 estimates, generally 35.55.050, 35.56.060 excess or deficiency in 35.55.160, 35.56.170 excepted properties from district 35.55.030, 35.56.030 improvement district 35.55.010, 35.56.010 interest on assessments, limitation 35.55.100, 35.56.110 plans and specifications 35.55.050, 35.56.060 protests 35.56.040 tax levy, limitation 35.56.190 unimproved and uncultivated, damages to 35.55.040, 35.56.050 warrants issuance of local improvement fund 35.55.110 to pay cost of improvement, interest 35.56.120 sale 35.55.140, 35.56.150 waterways constructed in abutting property acquisition of 35.56.240 lease of city 35.56.250 private party 35.56.230, 35.56.260 contract, letting for 35.56.270 control of 35.56.210 dock lines established 35.56.210 leasing to private parties 35.56.220 requirements 35.56.200 Metropolitan municipal corporations local improvement districts 35.58.500 Metropolitan municipal corporations, See also METROPOLITAN MUNICIPAL CORPORATIONS Open canal hazards fences, culverts, syphons, or coverings assessments for 35.43.040 authority for 35.43.040 presumption 35.43.040 installation of safeguards 35.43.045 right of entry 35.43.045 Parks and recreational areas, authority, generally 35.43.040 Port districts generally 53.08.050 harbor improvement projects, generally Ch. 53.20 Public corporations [RCW Index—page 460] assessment districts 35.44.020 contracts 35.43.190 Public lands assessments and charges against state lands Ch. 79.44 Public utility districts, See PUBLIC UTILITY DISTRICTS, subtitle Local utility districts Reassessments, omitted property 35.44.280 Sanitary fills lien of assessments 35.73.050 Sewer systems, authority, generally 35.43.040 Sewers, See WATER-SEWER DISTRICTS Sidewalks, authority, generally 35.43.040 Solid waste collection districts, See SOLID WASTE COLLECTION DISTRICTS Special assessments and liens, limitation on foreclosure actions 4.16.030 Special taxation of property benefited Const. Art. 7§9 Street lighting systems, authority, generally 35.43.040 Television reception improvement districts, See TELEVISION RECEPTION IMPROVEMENT DISTRICTS Trestles, authority, generally 35.43.040 Underground utility transmission lines, authority, generally 35.43.040 Utility local improvement districts assessments decrease if other funds available 36.94.280 cities and towns assessments 35.43.042 authority to establish 35.43.042 procedure to establish 35.43.042 county sewerage, water and drainage districts appellate review 36.94.290 assessments assessment roll 36.94.240 notice of filing roll, protests 36.94.250 conclusiveness of assessment roll 36.94.280 divestment of power to order formation, time limitation 36.94.240 enlarged local districts may be formed 36.94.270 establishment 36.94.220 hearing improvement ordered 36.94.240 protests, order, appeal 36.94.260 inconsistent acts, modification 36.94.910 initiation of district, procedure 36.94.240 notice of filing assessment roll, protests 36.94.250 purpose 36.94.020 segregation of special assessments, fee, costs 36.94.300 special assessments 36.94.220 Water mains, hydrants, and appurtenances, authority, generally 35.43.040 Water quality enhancement, authority, generally 35.43.040 Water-sewer districts, See WATER-SEWER DISTRICTS Wildlife department lands, assessments 77.12.230 LOCAL INFRASTRUCTURE FINANCING TOOL PROGRAM Administration, rules 39.102.220 Application process 39.102.040 Bond repayment, use of tax revenue 39.102.160 Bonds issued, limitations 39.102.170 Conditions for use 39.102.070 Creation of program 39.102.030 Definitions 39.102.020 Demonstration projects 39.102.050 Evaluation of program 39.102.210 General obligation bonds 39.102.150 Legislative audit and review committee reports 39.102.200 Legislative finding 39.102.010 Local excise tax allocation revenues 39.102.110 Local property tax allocation revenues 39.102.120 Reporting requirements 39.102.140 Revenue bond to fund public improvements 39.102.190, 39.102.195 Revenue development areas creation 39.102.080 limitations 39.102.060 notice 39.102.100 ordinance 39.102.090 Sales and use tax, use of funds 39.102.130 LOCAL LAW AND JUSTICE COUNCIL Duties and procedures 72.09.300 LOCAL OPTION (See ALCOHOLIC BEVERAGES, subtitle Local option) LOCAL UTILITY DISTRICTS (See LOCAL IMPROVEMENT DISTRICTS; PUBLIC UTILITY DISTRICTS, subtitle local utility districts) LOCAL VOTERS’ PAMPHLETS (See ELECTIONS, subtitle Voters’ pamphlets, local voters’ pamphlets) LOCKERS (See COLD STORAGE FOOD LOCKERS) LOCKOUTS (See LABOR, subtitle Lockouts) LOCOMOTIVES (See RAILROADS) LODGES Building corporations Ch. 24.24 Incorporation Ch. 24.20 Insurance, See INSURANCE, subtitle Fraternal benefit societies LODGING HOUSES (See also BOARDING AND LODGING HOUSES; HOTELS) State convention and trade center Seattle, King county Ch. 67.40 Tax for stadiums, convention centers, and arts facilities 67.28.180, 67.28.181, 67.28.1801 Tax for stadiums and convention centers homeless lodging exempt 67.28.183 LOGS AND LOGGING (See also FORESTS AND FOREST PRODUCTS) Brands and marks, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks Eminent domain private way of necessity obligation to carry products of condemnees 8.24.040 Fires, kindling of by persons driving lumber 4.24.050 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Logs and logging Liens, See LIENS, subtitle Logging Logs on county rights-of-way, confiscation and removal 36.86.090 Logs on highway right of way or in drainage ditch as public nuisance 47.32.130 Private way of necessity logging road obligation to carry products of condemnees 8.24.040 Railroad engines, liens for service 60.24.020 Roads private way of necessity obligation to carry products of condemnees 8.24.040 Sabotage, interference with lumbering constitutes 9.05.060 Tow or tugboats, liens for services 60.24.020 Tree spiking 9.91.150, 9.91.155 LONG-ARM STATUTE (See JURISDICTION, subtitle Out-of-state residents or nonresidents acts submitting person to state jurisdiction) LONGSHOREMEN Hours of employment 49.28.100 Liens, See LIENS, subtitle Boats and vessels Workers’ compensation longshoreman’s and harbor worker’s compensation coverage (2008 Ed.) LOW-INCOME HOUSING plan creation 48.22.070 LONG-TERM CARE Admission of individuals, requirements 70.129.030 Adult family homes, See ADULT FAMILY HOMES Adult residential care contracts, requirements 74.39A.020 Assisted living facilities capital add-on rate 74.39A.320 Assisted living services, contracts 74.39A.010 Boarding homes, see BOARDING HOMES Case management services 74.39A.090, 74.39A.095 Chronic care management medical homes 74.09.710 Community residential options 74.39.041 Complaints dispute resolution process 18.20.195 inspections, enforcement, screening 18.20.125 investigation and referral 74.39A.060 retaliation prohibited 74.39A.060 toll-free telephone number 74.39A.060 Conflict with federal requirements 74.39A.901 Definitions 70.41.300, 74.39A.009 Discharge planning 74.39A.090 Enhanced adult residential care contracts, requirements 74.39A.010 Facilities construction defect disputes generally Ch. 64.55 Family caregiver information and support services 74.41.050, 74.41.070 Home and community services chore services 74.39A.100, 74.39A.120, 74.39A.130, 74.39A.140, 74.39A.150 contracts, reassessment and reauthorization 74.39A.090 disclosure of employee information 74.39A.210 expansion 74.39A.030 oversight of care 74.39A.095 payment rates 74.39A.030 support for persons at risk of institutional placement 74.39A.155 Home care quality authority authority created 74.39A.230 collective bargaining individual providers considered public employees 74.39A.270 definitions 74.39A.240 duties 74.39A.250 duties, department of social and health services 74.39A.260 findings 74.39A.220 funding 74.39A.300 performance review 74.39A.290 powers 74.39A.280 regulation 70.127.041 Hospital patients, assessment and assistance for persons in need of long-term care 74.39A.040 Increase in funds received under title XIX of the federal social security act 74.39.020 Information on department of social and health services programs development and distribution to hospitals 70.41.310 Insurance act, policies issued before January 1, 2009 Ch. 48.84 Insurance coverage standards, policies issued after January 1, 2009 Ch. 48.83 Long-term care ombudsman program Ch. 43.190 Long-term care partnership program consumer education program 48.85.040 financing of long-term care through private insurance and medicaid funds 48.85.010 insurance policy criteria 48.85.030 protection of participant assets 48.85.020 Nursing facilities community residential options 74.39.041 (2008 Ed.) medicaid payment system Ch. 74.46 rates and reimbursement Ch. 74.46 Options available to patients, information provided 70.41.310 Patient discharge requirements for hospitals and acute care facilities, pilot projects 70.41.320 Probate actions and collection of bad debts, payment of costs 74.39A.180 Providers and caregivers advanced training 74.39A.350 boarding homes Ch. 18.20 chronic conditions, training and assistance 43.70.533 collective bargaining individual providers considered public employees 74.39A.270 compliance with federal and state regulations 74.39A.070 continuing education 74.39A.340 cost of increase in wages and benefits 74.39A.310 failure to comply, department of social and health services authority 74.39A.080 peer monitoring 74.39A.330 qualifications and training 74.39A.070 Title 41 RCW, not applicable to 41.04.810 training 70.128.230, 70.128.240 training partnerships 74.39A.360 Purposes 74.39.005 Quality improvement consultation program principles 18.20.115 Quality improvement principles 74.39A.050 Recovery of payments 74.39A.170 Recreation therapy Ch. 18.230 Residents’ rights access and visitation rights 70.129.090 background checks on employees by department of social and health services 70.129.130 client advocates, right to contact with 70.129.070 construction 70.129.170 definitions 70.129.010 disclosure, transfer, or discharge of resident 70.129.110 disclosure of fees and charges 70.129.150 examination of survey or inspection results 70.129.070 exercise of rights 70.129.020 financial affairs rights 70.129.040 freedom from physical or chemical restraints 70.129.120 freedom from punishment, abuse, or seclusion 70.129.130 grievances 70.129.060 legislative intent 70.129.005 long-term care ombudsman implementation duties 70.129.160 mail and telephone privacy 70.129.080 nonjudicial remedies through regulatory authorities 70.129.170 notice of rights and of rules of resident conduct and responsibilities 70.129.030 notice or transfer requirements, disclosure 70.129.150 other rights not diminished 70.129.007 personal property 70.129.100 waiver of liability and residents’ rights limited 70.129.105 privacy and confidentiality of personal and medical records 70.129.050 protection of resident’s funds 70.129.040 quality of life rights 70.129.140 refund of deposits 70.129.150 remedies cumulative 70.129.170 storage space 70.129.100 Respite services, amendment of community options program entry system waiver under federal social security act to include 74.39.030 Services eligibility 74.04.670, 79.04.670 Toll-free telephone number for complaints 74.39A.060 Training and education competencies and learning outcomes 43.20A.880 curricula and materials 74.39A.200 Training and education standards and delivery system review 70.128.210 Transfer of assets, penalties 74.39A.160 Utilization of services available under title XIX of the federal social security act 74.39.010 LONG-TERM CARE OMBUDSMAN PROGRAM (See also NURSING HOMES) Complaint referral procedure 43.190.070 Confidentiality of records and files 43.190.110 Expenditures 43.190.120 Findings 43.190.010 Liability of ombudsman and facility employees 43.190.090 Long-term care facility defined 43.190.020 Long-term care ombudsman duties 43.190.060, 43.190.065 qualifications for authorization 43.190.040 Ombudsman availability, notice of to be posted in facilities concerning 43.190.050 Residents’ rights ombudsman implementation duties 70.129.160 Right of entry to facilities by ombudsman procedure development 43.190.080 State long-term care ombudsman, office of created 43.190.030 LOST AND FOUND PROPERTY Chief law enforcement officer duties of 63.21.050 Cities and towns disposition procedure 63.21.060 duties of 63.21.060 Counties disposition procedure 63.21.060 duties of 63.21.060 Exclusions from chapter application 63.21.080 Finder claiming of found property, procedures 63.21.010 expiration of claim 63.21.030 noncompliance forfeiture of rights 63.21.040 liability to owner 63.21.040 public officers and employees, rights of 63.21.060 release of property to finder, conditions 63.21.030 Governmental entities disposition procedure 63.21.060 duties of 63.21.060 Port districts disposition procedure 63.21.060 duties of 63.21.060 Property not covered by lost and found law 63.21.080 Unclaimed, disposition of 63.21.010, 63.21.030 LOTS (See REAL PROPERTY) LOTTERIES (See GAMBLING) LOTTERY, STATE (See STATE LOTTERY) LOW-INCOME ENERGY ASSISTANCE (See PUBLIC ASSISTANCE, subtitle Low-income energy assistance) LOW-INCOME HOUSING Cities and towns loans and grants 35.21.685 Counties loans and grants 36.32.415 Housing authority, powers 35.82.070 Rental housing for very low-income persons, tax exemption 84.36.560 Taxation exemption and immunity 35.21.755 [RCW Index—page 461] LOW-INCOME PERSONS LOW-INCOME PERSONS Affordable housing 35.21.687 accessory apartments 35.63.210, 36.70.677, 36.70A.400 lease of county property for 36.34.135 Affordable housing program activities eligible for assistance 43.185A.030 affordable housing and community facilities rapid response loan program 43.185A.120 conflict with federal requirements 43.185A.902 definitions 43.185A.010 eligible organizations 43.185A.040 grant and loan application process 43.185A.050, 43.185A.090 land acquisition revolving loan fund program 43.185A.110 monitoring of recipient activities 43.185A.070 protection of state interest 43.185A.060 purpose, administration 43.185A.020 review of reporting requirements 43.185A.100 rules promulgation 43.185A.080 Aquifer protection areas, reduced fees 36.36.035 Asset accumulation pilot program 43.63A.765 Burial by counties 36.39.030 veterans 73.08.070 College bound scholarship program Ch. 28B.118 Community, trade, and economic development, department of departmental responsibilities 43.330.130 Community action agencies network delivery system for federal and state antipoverty programs, designation as 43.63A.115 Community-based sealant programs in schools 18.29.220, 18.32.226 Federal earned income tax credit outreach campaign 43.63A.767 Forma pauperis, See FORMA PAUPERIS Housing housing authority, powers 35.82.070 rental housing for very low-income persons, tax exemption 84.36.560 Housing assistance program created 43.185.015 Housing policy affordable housing advisory board 43.185B.020 duties 43.185B.030 definitions 43.185B.010 goal 43.185B.007 housing advisory plan preparation and reporting requirements 43.185B.040 legislative findings and purpose 43.185B.005 objectives 43.185B.009 Housing trust fund affordable housing advisory board 43.185.110 application, procedure 43.185.070, 43.185.130 compliance monitoring 43.185.090 definitions 43.185.020 eligible organizations 43.185.060 findings 43.185.010 loans or grants 43.185.050 preconstruction technical assistance 43.185.080 rule-making authority 43.185.100 Washington housing trust fund created 43.185.030 Legal aid, See LEGAL AID Public assistance, See PUBLIC ASSISTANCE Residential weatherization program compliance with laws and rules 70.164.050 definitions 70.164.020 energy assessment required 70.164.050 leased or rented residences, limits 70.164.060 legislative findings 70.164.010 low-income weatherization assistance account 70.164.030, 70.164.070 [RCW Index—page 462] payments to account, treated as energy conservation 70.164.070 proposals by sponsors, matching funds 70.164.040 Retired health providers providing free care to health department may provide malpractice insurance for 43.70.460 conditions of participation 43.70.470 SEED act, individual development accounts account 43.31.470 definitions 43.31.455 findings 43.31.450 foster youth program 43.31.465 program, rules 43.31.460 State additional funds, purposes 43.31.475 report 43.31.480 short title 43.31.485 Supreme court appeals, fees and costs paid by state 4.88.330 Telephone assistance program availability, components 80.36.420 community service voice mail, funding 80.36.430 definitions 80.36.005 deposit waivers, connection fee discounts 80.36.460 eligibility 80.36.470 excise tax on all switched access lines 80.36.430 limit, one line per household 80.36.450 report to legislature 80.36.475 Utility connection fees, waiver 35.21.305, 35.41.080, 35.92.380, 54.24.080 Utility rate reduction for low-income persons 74.38.070, 80.28.068 Veterinary services 18.92.250, 18.92.260 Water-sewer districts rates and charges, adjustment or delay 57.08.014 voluntary contributions to assist low-income residential customers, administration Ch. 57.46 Youthbuild program, See YOUTHBUILD PROGRAM LOW-LEVEL RADIOACTIVE WASTE Federal low-level radioactive waste policy amendments of 1985, implementation 43.200.180 Hanford site closure and perpetual care 43.200.190 Nuclear incidents, storage or transportation liability 4.24.450, 4.24.460 Tax imposed 82.04.260, 82.04.440 LUMBER (See FORESTS AND FOREST PRODUCTS; LOGS AND LOGGING) LUMPECTOMY (See HEALTH SERVICES, subtitle Lumpectomy) LUNCH PERIODS (See INDUSTRIAL INSURANCE, subtitle Lunch periods) MACE (See PERSONAL PROTECTION SPRAY DEVICES) MACHINE GUNS Contraband, declared to be 9.41.220 Prohibited, exceptions 9.41.190 Use in commission of felony 9.41.225 MAGAZINES Erotic material, compliance with law, not to result in sanctions against retailer, treble penalties for violation 9.68.090 Intercepting private conversations 9.73.030 Libel, See LIBEL AND SLANDER Mailed or sent without order are gift 19.56.010 Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 Purchase of subscriptions by public agencies, methods for payment of 42.24.035 Subscription sales for fundraising sales tax exemption 82.08.02535 MAGISTRATES (See also COURTS OF LIMITED JURISDICTION; JUDGES; JUSTICES OF THE PEACE) Definition 2.20.010 Who are magistrates 2.20.020 MAIL Certified mail, use where registered mail authorized 1.12.060 Consolidated mail service for state agencies area served 43.19.715 definitions 43.19.710 review of agency needs 43.19.720 Evidence of mailing to state 1.12.070 Fees, mailed, evidence of remittance, time 1.12.070 Filing by, evidence of, time 1.12.070 Opening or reading without permission, penalty 9.73.020 Publishing without permission, penalty 9.73.020 Solicitation of undesired mail to annoy or harass another person, penalty 9.35.030 State, claims, fees, filing, reports, remittances, mailed, evidence of 1.12.070 Time, use of mail to file or remit to state, evidence of 1.12.070 Unsolicited goods or services are gifts 19.56.020 MAIN STREET PROGRAM (See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF) MAIN STREET PROGRAM, WASHINGTON Tax incentives Ch. 82.73 MAJORITY (See also MINORS) Age of majority Ch. 26.28 Legislature, special legislation cannot declare a person of age Const. Art. 2 § 28 MALFEASANCE AND MISCONDUCT County treasurer, grounds for suspension 36.29.090 Impeachment, officers, grounds Const. Art. 5 § 2 Insurance agents, brokers, and solicitors, misconduct of, in matters affecting insurer 48.30.120 Jury box, misconduct of officer drawing, penalty 9.51.010 Officers subject to impeachment for Const. Art. 5 §2 Recall for Const. Art. 1 § 33 Removal by law, if not subject to impeachment Const. Art. 5 § 3 Sheriffs civil liability 36.28.150 MALICIOUS HARASSMENT (See HARASSMENT, subtitle Malicious) MALICIOUS MISCHIEF OR INJURY Attachment assignor liability 6.25.080 bond liable for 6.25.080 Bomb threats government property 9.61.160 Government property bomb threats 9.61.160 Insurance against, See INSURANCE, subtitle Casualty insurance MALICIOUS PROSECUTION Costs and disbursements, limitation on recovery of by plaintiff 4.84.040 Counterclaim for litigated in principal action 4.24.350 Defined, elements, penalty 9.62.010 Instituting action in name of another, penalty 9.62.020 Judicial officer may pursue claim 4.24.350 Law enforcement officer may pursue claim 4.24.350 Prosecuting attorney may pursue claim 4.24.350 (2008 Ed.) MANUFACTURED HOUSING MALLS (See CITIES AND TOWNS, subtitle Pedestrian malls) MALPRACTICE (See also INSURANCE; PROFESSIONAL NEGLIGENCE) Arbitration of health care actions appeal of decision 7.70A.080 authorized 7.70A.010 election to submit to 7.70A.020 issuance of decision 7.70A.060 motion for judgment 7.70A.070 proceedings, experts, discovery 7.70A.040 selection of arbitrators 7.70A.030 time frames 7.70A.050 uniform arbitration act, application 7.70A.090 Counterclaims for malicious prosecution 4.24.350 Health care burden of proof 7.70.030 certificate of merit 7.70.150 closed claim reporting 7.70.140 declaration of modification of actions for damages because of injury 7.70.010 elements of proof 7.70.040 frivolous claims 7.70.160 health care provider, defined 7.70.020 mediation exemption of mediated action from superior court arbitration or settlement conference requirements 7.70.130 mandatory mediation required, procedures 7.70.100 right to trial not abridged by unsuccessful attempt 7.70.120 propositions required to be established 7.70.030 tolling of statute of limits for, requirements 7.70.110 Health care practitioners, review proceedings, immunity, damages, process 4.24.250 Hospital board of directors liability, limitations 7.70.090 Hospitals health care practitioners’ privileges restricted, report to medical quality assurance commission 70.41.210, 70.41.220 physician’s privileges hospital’s duty to request information on physicians 70.41.230 quality improvement and medical malpractice prevention program 70.41.200 Injuries resulting from health care informed consent, elements 7.70.050 Medical attorneys’ fees 7.70.070 burden of proof 7.70.030 compensation by a defendant health provider 7.70.080 compensation from other sources 7.70.080 consent form contents 7.70.060 failure to use inadmissible 7.70.060 consent to treatment 7.70.060 elements of proof 7.70.040 informed consent, elements 7.70.050 insurance, closed claim reporting Ch. 48.140 Medical services action for damages limitation on 4.16.350 action for personal injury, complaint not to include statement of damages 4.28.360 Mental health advance directives informed consent 7.70.068 Osteopathy insurance settlements and awards, insurers must report 18.57.245 Physicians and surgeons insurance settlements and awards, insurers must report 18.71.350 (2008 Ed.) MALT BEVERAGES (See ALCOHOLIC BEVERAGES; BEER AND BREWERIES) MANDAMUS Affidavit, issued on 7.16.170 Alternative writ form 7.16.180 issued, when 7.16.190 Answer 7.16.200 Appeals county board of adjustment 36.70.890 Application by affidavit 7.16.170 Costs execution for 7.16.260 judgment for 7.16.260 Court of appeals, limitation on jurisdiction 2.06.030 Courts having jurisdiction to issue 7.16.160 Damages execution for 7.16.260 judgment for 7.16.260 Default writs prohibited 7.16.190 Definitions judgment 7.16.020 mandamus 7.16.150 motion 7.16.020 order 7.16.020 Determination of damages 7.16.210 Determination of issues of fact 7.16.210 Enforcement of writ 7.16.280 Executions for damages and costs 7.16.260 Fines, enforcement of writ by 7.16.280 Grounds 7.16.160, 7.16.170 Hearings 7.16.240, 7.16.250 required 7.16.190 time of 7.16.330 Judgments damages and costs, for 7.16.260 peremptory mandate 7.16.260 Motions, enforcement of writ 7.16.280 Notice of application 7.16.190 Open public meeting law violations 42.30.130 Orders, enforcement of writ 7.16.280 Parties, designation of 7.16.010 Penalties, enforcement of writ 7.16.280 Peremptory mandate, judgment of 7.16.260 Peremptory writ form 7.16.180 issued, when 7.16.190 Platting, subdivision and dedication of land, enforcement 58.17.190 Railroad crossing work, enforcement by 81.53.200 Rules of practice 7.16.340 Service of writ 7.16.270 Show cause by answer 7.16.180, 7.16.200 State agency action reviewable under administrative procedure act or land use petition act inapplicability of chapter 7.16.360 Superior courts’ power to issue 2.08.010, Const. Art. 4 § 6 Supreme court jurisdiction as to 2.04.010, Const. Art. 4 § 4 Utilities and transportation commission actions 80.04.260, 81.04.260 Verdict, certification of 7.16.240 Writ returnable, when 7.16.330 MANDATED HEALTH CARE COVERAGE (See LEGISLATURE, subtitle Mandated health care coverage) MANDATORY ARBITRATION (See ARBITRATION AND AWARD) MANDATORY INJUNCTIONS (See INJUNCTIONS) MANHOLES Electrical safety rules Ch. 19.29 MANICURISTS Cosmetologists, barbers, manicurists, and estheticians Ch. 18.16 MANLIFTS (See ELEVATORS, ESCALATORS AND DUMBWAITERS) MANSLAUGHTER Coroner’s inquest, testimony reduced to writing 36.24.080 Defined as homicide 9A.32.010 Duress, not a defense 9A.16.060 First degree 9A.32.060 Second degree 9A.32.070 MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES, RECREATIONAL VEHICLES, AND PARK TRAILERS—SAFETY REQUIREMENTS Advisory board 43.22.420 Compliance, effect on city and county ordinances 43.22.410 Compliance, exceptions 43.22.350, 43.22.370 Definitions 43.22.335 Federal standards, enforcement, inspection 43.22.431, 43.22.432 violations, penalty 43.22.433 Financing, mutual savings banks 32.20.460 Foreign standards, reciprocity 43.22.400 Insignia, fee schedule, exceptions 43.22.350 Insignia of approval 43.22.390 Inspections, enforcement 43.22.434 Mobile or manufactured homes, alterations 43.22.435 Mobile or manufactured homes, installations 43.22.436 Out-of-state sales and use, exemptions 43.22.380 Plans and specifications 43.22.360 Registration, rules and regulations for 46.12.290 Rules and regulations, compliance required, penalty 43.22.340 Self-certification, procedures 43.22.355 Standards for plumbing, frame design, heating and electrical equipment 43.22.340 MANUFACTURED HOUSING Certificate of ownership, application of chapter 46.12.290 Classification as real or personal property 65.20.010, 65.20.030 definitions 65.20.020 prospective effect of chapter 65.20.900 taxation, chapter not to affect 65.20.910 Consumer complaints department of community, trade, and economic development duties 43.63A.460 department of labor and industries 43.22.495 Definitions, city regulations 35.63.160 Elimination of title application 65.20.040 approval 65.20.050 conveyances, form and procedure 65.20.060 department of licensing rule-making authority 65.20.110 supervisory powers 65.20.100 falsification or omission of required information penalty 65.20.130 fees 65.20.090 lender’s consent 65.20.060 moving home after title eliminated, procedure 65.20.070 notice county auditor to county assessor 65.20.120 prospective effect 65.20.900 removal of home from mortgaged premises consent of mortgagee 61.12.030 standard forms 65.20.080 taxation, chapter not to affect 65.20.910 Implied warranty 46.70.132 Installation generally Ch. 43.22A permits 35.21.897, 35A.21.310, 36.01.220 warranty 46.70.134 Installation violations 18.27.117 Manufactured home real property act short title 65.20.930 [RCW Index—page 463] MANUFACTURING Manufactured/mobile home communities— dispute resolution and registration account 59.30.070 database 59.30.060 definitions 59.30.020 dispute resolution program 59.03.040, 59.30.030, 59.30.040 findings, purpose 59.30.010 immunity from suit 59.30.080 registration, fees 59.30.050 Manufactured/mobile home landlord-tenant act Ch. 59.20 Office of manufactured housing—Residentowned parks and communities definitions 59.22.020 legislative findings 59.22.010 loans 59.22.032, 59.22.034, 59.22.036, 59.22.038 manufactured housing account 59.22.070 mobile home park purchase account 59.22.030 office duties 59.22.050 task force 59.22.090 technical assistance 59.22.039 transfer of title, fee 59.22.080, 59.22.085 Placement or use of home city regulations 35.21.684, 35A.21.312 county regulations 36.01.225 Real estate brokers and salespersons, licensing and regulation Ch. 18.85 Registration, application of chapter 46.12.290 Safety and construction standards enforcement enforcement of federal standards 43.63A.465 expiration 43.63A.490 hearing procedures 43.63A.480 inspections and investigations, authority to conduct 43.63A.470 rule making authority 43.63A.475 violations, fines 43.63A.485 Sales implied warranty 46.70.132 warranties, inspections, delivery, occupancy, and advertising requirements 46.70.135 Security interests in perfection 65.20.030 Siting violations 18.27.117 Warranties installation warranty 46.70.134 sale, implied warranty 46.70.132 Zoning housing communities, elimination 35.63.161, 35A.63.146, 36.70.493 prohibitions, review 35A.63.145 MANUFACTURING Dies, molds, and forms unclaimed property in possession of molder, procedures Ch. 63.52 Dies, molds, forms, and patterns fabricator’s lien Ch. 60.84 Explosives, generally Ch. 70.74 Food, drug, and cosmetic laws enforcement, right of entry 69.04.820 High technology businesses tax credits and deferrals Ch. 82.63 Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Innovation and modernization extension service program account 43.338.030 application to receive assistance 43.338.020 data collection, report 43.338.040 definitions 43.338.010 findings, intent 43.338.005 funding, rules 43.338.020 Litter tax imposed Ch. 82.19 Manufacturing innovation and modernization extension service program repeal 43.131.410 termination 43.131.409 Mercury reduction and education Ch. 70.95M Product liability actions Ch. 7.72 [RCW Index—page 464] Public nuisance, when 7.48.140 Sabotage, interference or injury to manufacturing constitutes 9.05.060 Use of waters for manufacturing purposes deemed public use Const. Art. 21 § 1 Washington manufacturing services board of directors 24.50.010 legislative intent 24.50.005 MAPLE LANE SCHOOL (See CORRECTIONAL FACILITIES) MAPS AND MAPPING (See also PLATS AND PLATTING; SURVEYS AND SURVEYORS) Counties comprehensive plans, required elements 36.70.330 official controls, plans and planning 36.70.560 zones and zoning 36.70.720, 36.70.730 County roads and bridges, construction 36.77.010 Evidence, copies as evidence, prima facie, when 5.44.070 Geological survey of the state, provisions for mapping Ch. 43.92 Irrigation districts generally 87.03.775 proposed works 87.03.165 State base mapping system establishment and maintenance, standards 58.22.020 United States geological survey maps department of natural resources, duties 58.22.030, 58.22.040, 58.22.050 United States survey markers, transportation department to aid in restoration of 47.36.010 MARES (See HORSES) MARGARINE Weights and measures 19.94.410 MARIJUANA (See also CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM; DRUGS) Medical use definitions 69.51A.010 lawful possession allowed, state not liable 69.51A.050 medical conditions, addition to those included in chapter 69.51A.070 patients and primary caregivers protected, criteria 69.51A.040 physicians excepted from criminal laws, conditions 69.51A.030 purpose and intent 69.51A.005 restrictions and limitations 69.51A.060 rules, department of health 69.51A.080 MARINAS (See also PUBLIC LANDS, subtitle Aquatic lands) Boat sewage pumpout or dump units, location and installation 79A.60.530, 79A.60.540, 79A.60.550 Hydraulic projects and permits 77.55.151 Moorage, parks and recreation commission facilities abandoned vessels determination of abandonment 79A.65.020 disposal 79A.65.030 public sale and use of proceeds 79A.65.030 definitions 79A.65.010 unauthorized vessels delinquent charges, action to recover 79A.65.030 Private moorage facilities abandoned vessels, public sale 88.26.020 definitions 88.26.010 delinquent charges, procedures 88.26.020 impounded vessels 88.26.020 Recycling receptacle placement and signing 70.93.095 MARINE BIOLOGICAL PRESERVES Establishment 28B.20.320 MARINE EMPLOYEES’ COMMISSION (See also FERRIES, subtitle Collective bargaining and arbitration) Agency shop nonassociation rights, commission duties relating to 47.64.160 Civil service law, state, exception from 41.06.290 Collective bargaining mediation, to act as mediator in absence of impasse agreement 47.64.210 Collective bargaining and arbitration insurance and health care plans 47.64.270 interest arbitration 47.64.300, 47.64.310 mediation 47.64.210, 47.64.230 notice and service 47.64.260 parties not bound by arbitration 47.64.320, 47.64.330 salary survey, conduct of 47.64.220 Creation, organization, and powers 47.64.280 Defined 47.64.011 Duties 47.64.280 Grievance procedures submission of grievance to commission 47.64.150 Members 47.64.280 Operation of ferry by party other than state adjudication of labor disputes 47.64.090 operation subject to chapter 47.64 RCW 47.64.090 working conditions to be established by commission 47.64.090 Organization 47.64.280 Powers 47.64.280 MARINE INSURANCE (See INSURANCE, subtitle Marine and transportation insurance; INSURANCE, subtitle Ocean marine and foreign trade insurance) MARINE RECREATION LANDS Conversion to other use 79A.25.100 Definitions 79A.25.010 Marine fuel tax determination of amount derived from tax 79A.25.030 Marine fuel tax refund account 79A.25.040, 79A.25.050 Outdoor recreation account 79A.25.060 Recreation and conservation funding board director’s duties 79A.25.020 Recreation resource account 79A.25.070, 79A.25.080 MARINE RESOURCES COMMITTEES Generally Ch. 36.125 MARINE SAFETY, OFFICE OF Abolished 88.46.921 Marine safety ad hoc advisory committees, duties 88.46.200 Oil spill prevention and response Ch. 88.46 Pollution control hearings board, jurisdiction and duties Ch. 43.21B MARINES (See SOLDIERS, SAILORS AND MARINES) MARITIME (See VESSELS AND SHIPPING) MARITIME COMMISSION Terminated 88.46.062, 88.46.063 MARKETS AND MARKETING Agricultural cooperatives, See AGRICULTURAL COOPERATIVES Agriculture, See AGRICULTURAL MARKETING Aquaculture marketing Ch. 15.85 Cities and towns first class cities, regulating weights and measures 35.22.280 second class cities, regulation of 35.23.440 Fish marketing associations, See FISH MARKETING ASSOCIATIONS Horse sales, special open consignment Ch. 16.65 Livestock markets Ch. 16.65 (2008 Ed.) MEDAL OF VALOR Organic food products Ch. 15.86 Public, See PUBLIC MARKETS MARRIAGE (See also DISSOLUTION OF MARRIAGE; HUSBAND AND WIFE) Advertising, prohibited, judges of courts of limited jurisdiction 3.66.110 Age of majority 26.28.020 Age requirements 26.04.010 consent 26.04.210 Annulment jurisdiction over, superior courts 2.08.010 Application 26.04.150 disclosure 26.04.175 Bank account deposits 30.22.080 Certificate contents 26.04.080 failure to deliver for filing 26.04.110 filing and recording 26.04.100 forms 26.04.090 Community property, See COMMUNITY PROPERTY Contracts, wife’s separate property 26.16.020 County auditor, fee 36.18.010 Disqualifications 26.04.020 Family law handbook 2.56.180 Family relationships among immigrants proceedings for determination of presumptions 5.44.140 International matchmaking organizations Ch. 19.220 Judges of courts of limited jurisdiction, advertising, prohibited 3.66.110 Licenses affidavit required 26.04.210 application content 26.04.160 form 26.04.165 certificate, form 26.04.165 county auditor issuance 26.04.140 record 26.04.220 disqualifications 26.04.210 fee 26.04.160, 26.04.210, 36.18.010 family court 26.12.220 issuance out-of-state requirements, compliance, fee schedule 70.58.380 out-of-state requirements, compliance, fee schedule 70.58.380 penalties for violation of marriage requirements 26.04.220 perjury for falsifying 26.04.210 preservation of license applications 26.04.105 public inspection 26.04.170 refusal to issue, appeal 26.04.190 required 26.04.140 retention by person solemnizing 26.04.220 solemnization within sixty days of issuance 26.04.180 waiting period 26.04.180 Penalties for violations 26.04.200 Prenuptial agreements void unless in writing 19.36.010 Prohibited marriages 26.04.020 Qualifications 26.04.010 Records disclosure 26.04.175 Records lost or destroyed, replacement of probate records 5.48.060 Religious ritual 26.04.120 Separation contracts 26.09.070 Solemnization failure to deliver certificate to county auditor for filing 26.04.110 form of 26.04.070 persons authorized to perform 26.04.050 unauthorized person, validity of marriage 26.04.060 unlawful solemnization 26.04.240, 26.04.250 Vital statistics 26.04.090, 26.04.165 Voidable marriage 26.04.130 Waiting period 26.04.180 Witnesses 26.04.070 (2008 Ed.) MARRIAGE AND FAMILY THERAPISTS (See COUNSELORS) MARSHALS Cities and towns, control of police department 35.27.240 Eligibility criteria 35.21.333, 35.21.334 Towns control of police department 35.27.240 pursuit and arrest of violators beyond town limits 35.27.240 Vacancies 35.21.335 MARSHLANDS Ditches and drains, private construction 85.28.130, 85.28.140 MASON COUNTY Boundaries, tracing of 36.04.230 Superior court judges, number of 2.08.065 MASS TRANSIT (See PUBLIC TRANSPORTATION SYSTEMS) MASSACHUSETTS TRUSTS Agents indemnification 23.90.060 Authorized in state 23.90.030 Defined 23.90.020 Fees, payment of, computation 23.90.040 Filings business name and address 23.90.040 trust instrument 23.90.040 rules and regulations as to 23.90.040 trustees’ names and addresses 23.90.040 Powers and duties 23.90.040 Reports, making of 23.90.040 Rules and regulations as to 23.90.040 Service of process upon 23.90.040 Taxes, payment of, computation 23.90.040 MASSAGE PRACTITIONERS Advertising practice by unlicensed person unlawful 18.108.040 Animal massage practitioners certification applicant certification fees 18.240.070 definitions 18.240.010 examinations 18.240.060 findings 18.240.005 limitation of chapter 18.240.040 renewal 18.240.080 requirements 18.24.020, 18.240.020, 18.240.030 secretary’s authority 18.240.050 uniform disciplinary act 18.240.090 endorsement 18.108.230 Board of massage membership, terms, and compensation 18.108.020 powers and duties 18.108.025 Counties licensing or operating fee 36.32.122 Definitions 18.108.010 Examination 18.108.073 Federal classification 18.108.220 Grandfathering 18.108.115 Inactive credential 18.108.125 Inspection of premises 18.108.190 Insurance coverage not mandated 18.108.005 Intraoral massage, endorsement 18.108.250 Licenses cities and towns 35.21.692 convicted prostitutes, license revocation 18.130.045 convicted prostitutes, license revocation and reinstatement 18.108.085 exemptions 18.108.050, 18.108.130 local political subdivisions, authority 18.108.210 optional code cities 35A.82.025 out-of-state applicants 18.108.095 procedures and fees 18.108.060 qualifications 18.108.070 required 18.108.030 Local political subdivisions, authority 18.108.210 Powers and duties of secretary of health 18.108.085 Unemployment compensation 50.04.223 Uniform disciplinary act, application 18.108.076, 18.108.085 MASTECTOMY (See HEALTH SERVICES, subtitle Mastectomy) MASTER LICENSE SYSTEM (See BUSINESS LICENSE CENTER) MATERIALMEN County improvement claims 36.45.040 Liens, See LIENS, subtitle Construction liens Public works claim against contractor’s bond Ch. 39.08 notice to contractor condition to suit on bond when supplies are furnished to subcontractor 39.08.065 MATERNITY HOMES (See also PUBLIC ASSISTANCE, subtitle Child welfare agencies) Birthing centers, licensing and regulation Ch. 18.46 Disposal of infants agencies, licensing 74.15.100 Licenses suspension for noncompliance with support order 74.15.134 Professional service corporations Ch. 18.100 MATERNITY SERVICES Health care insurance benefits 48.43.115 MATH AND SCIENCE Math, engineering, and science achievement program coordinator 28A.625.220, 28A.625.230 establishment at University of Washington, goals 28A.625.210 legislative findings and intent 28A.625.200 local program centers 28A.625.240 MAUSOLEUMS Construction standards Ch. 68.28 Definitions relating to cemeteries, morgues, and human remains Ch. 68.04 MAYORS (See CITIES AND TOWNS, subtitle Mayor) MEAT Animal carcasses, disposal Ch. 16.68 Bacon, packaging requirements 69.04.205 Beef commission Ch. 16.67 Horse meat, unlawful possession, exceptions 16.68.140 Humane slaughter of livestock Ch. 16.50 Inspection custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Lamb, imported products, labeling requirements 69.04.940 Livestock identification Ch. 16.57 Poultry, See POULTRY Rendering plants Ch. 16.68 Ritual slaughter of livestock defined as humane 16.50.150 Sale of as exempt from county peddlers’ licensing 36.71.010 Sale of as exempt from county peddlers’ licensing, exceptions 36.71.090 Weights and measures 19.94.400 MECHANICS Automotive repair Ch. 46.71 Liens, See LIENS, subtitle Construction liens Public works, claim against contractor’s bond Ch. 39.08 MEDAL OF MERIT Award established Ch. 1.40 MEDAL OF VALOR Award established Ch. 1.60 [RCW Index—page 465] MEDIA MEDIA (See MOTION PICTURES; NEWS MEDIA; NEWSPAPERS; RADIO; TELEVISION) MEDIATION Communications and materials exempt from disclosure in later proceeding, exceptions 5.60.070 Estates and trusts, dispute resolution procedures Ch. 11.96A Forest practices appeals board appeals cases, mediation proceedings 76.09.230 Health care claims exemption of mediated action from superior court arbitration or settlement conference requirements 7.70.130 mandatory mediation required, procedures 7.70.100 right to trial not abridged by unsuccessful attempt 7.70.120 Privilege and confidentiality, determination in proceedings conducted by state or federal agency 5.60.072 Uniform mediation act confidentiality 7.07.070 conflicts of interest, mediator’s disclosure 7.07.080 definitions 7.07.010 electronic signatures 7.07.100 mediator reports, prohibited 7.07.060 participation in mediation 7.07.090 privilege against disclosure admissibility, discovery 7.07.030 exceptions 7.07.050 waiver and preclusion 7.07.040 scope 7.07.020 uniformity of application and construction 7.07.110 Violence reduction conflict resolution and mediation program 28A.300.280 MEDICAL ASSISTANCE (See also PUBLIC ASSISTANCE) AIDS community-based care waiver of federal social security act, department to request 74.09.755 Amendments to state plan 74.09.740 Care and services included 74.09.520 Case forecast council, organization and duties Ch. 43.88C Children mental health services 74.09.521 services provided by school district 74.09.520 Children with multiple handicaps administrative responsibility 74.26.040 contracts for services, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 program plan, development of 74.26.030 regulation promulgation, when 74.26.040 Chiropractic service and fee limitations, authority to set 18.25.200 Community property, allocation of income and resources, fair hearing at request of institutionalized or community spouse 74.09.595 Community property, allocation of income between institutionalized and community spouse 74.09.565 Community property, allocation of resources between institutionalized and community spouse 74.09.575 Community property, transfer of income for eligibility 74.09.545 Community property, transfer of resources, period of ineligibility due to 74.09.585 Crimes relating to excessive or improper charges 74.09.260 [RCW Index—page 466] false statements regarding institutions and facilities 74.09.250 Debt recovery real property, transfer or encumbrance notice to department of social and health services 64.04.210 Dental care, access to 74.09.715 Disproportionate low-income care, payment to hospitals providing 74.09.730 Eligibility 74.09.510 community property, allocation of income and resources, fair hearing at request of institutionalized or community spouse 74.09.595 community property, allocation of income between institutionalized and community spouse 74.09.565 community property, allocation of resources between institutionalized and community spouse 74.09.575 community property, transfer of income for eligibility 74.09.545 community property, transfer of resources, period of ineligibility due to 74.09.585 Establishment 74.09.500 Family planning services definitions 74.09.790 eligibility and available services 74.09.800 Federal waivers 43.20A.860 Health insurance computerized information sharing definitions 74.09A.010 duties of health insurers 74.09A.030 legislative findings 74.09A.005 private insurers, provision of information to 74.09A.020 enrollment employer-sponsored plan 48.43.008 enrollment in employer-sponsored plan 48.43.517 Indigents, health care for managed health care systems 74.09.522 Limited casualty eligibility requirements 74.09.700 Limited casualty program 74.09.700 community property, allocation of income and resources, fair hearing at request of institutionalized or community spouse 74.09.595 community property, allocation of income between institutionalized and community spouse 74.09.565 community property, allocation of resources between institutionalized and community spouse 74.09.575 community property, transfer of income for eligibility 74.09.545 community property, transfer of resources, period of ineligibility due to 74.09.585 Long-term care partnership program consumer education program 48.85.040 financing of long-term care through private insurance and medicaid funds 48.85.010 insurance policy criteria 48.85.030 protection of participant assets 48.85.020 Managed health care systems agreements for services to recipients of temporary assistance for needy families 74.09.522 contract waivers 74.09.5221 Maternity care access program alternative maternity care service delivery program, maternity care distressed areas 74.09.810 definitions 74.09.790 legislative power, reservation 74.09.780 loan repayment program, providers of maternity care in underserved areas 74.09.820 services and procedures, requirements 74.09.800 short title 74.09.760 system established 74.09.770 Medical assistance, enumeration of services included 74.09.520 Mental illness institutional care, purchase by contract 74.09.120 released from confinement continued coverage 74.09.555 Nursing facilities medicaid payment system Ch. 74.46 PACE program definitions 74.09.523 Powers and duties of department of social and health services 74.09.520 Revenue recovery intent 43.20B.090 rules and procedures 43.20B.080 Rural hospitals payment for services 74.09.5225, 74.09.5227 Smoking cessation assistance 74.09.655 Third party liability for payments 74.09.185 Traumatic brain injuries account 74.31.060 advisory council 74.31.020 definitions 74.31.010 findings, intent 74.31.005 public awareness campaign 74.31.040 staff person, designation 74.31.030 support group programs 74.31.050 Working disabled 74.09.540 Youth released from confinement 74.09.515 MEDICAL EXAMINERS Counties, when authorized to replace coroner’s office 36.16.030, 36.24.190 Sudden, unexplained infant death training program 43.103.100 MEDICAL EXAMINERS, BOARD OF Forensic pathology fellowship program death investigations account disbursements 43.79.445 Physicians and surgeons, See PHYSICIANS AND SURGEONS MEDICAL GAS PIPING INSTALLERS Certification of competency and endorsement Ch. 18.106 MEDICAL MALPRACTICE (See MALPRACTICE) MEDICAL PROGRAM DIRECTORS (See EMERGENCY MEDICAL CARE AND TRANSPORTATION SERVICES) MEDICAL QUALITY ASSURANCE COMMISSION Disciplinary actions against persons exempt from licensure 18.71.230 Duties and powers 18.71.015 Executive director and staff 18.71.0191 Members, qualifications and terms 18.71.015 Physician assistants, regulation Ch. 18.71A Pilot project, commission authority 18.71.430 Recordkeeping requirements 18.71.060 Rule-making authority 18.71.017 Unprofessional conduct reports, confidentiality and immunity 18.71.0195 MEDICAL RECORDS (See also HEALTH CARE INFORMATION DISCLOSURE) Access and disclosure Ch. 70.02 MEDICAL SCHOOLS Requisites for approval 18.71.055 MEDICAL TEST SITES Confidentiality of information obtained by department of health 70.42.210 Definitions 70.42.010 Disciplinary action, review by superior court petition for 70.42.190 Health, department of rule-making authority 70.42.220 Legislative intent 70.42.005 Licenses amendment 70.42.050 (2008 Ed.) MENTAL ILLNESS applications, requirements 70.42.100 approval of sites, necessary conditions 70.42.040 denial, grounds for 70.42.120 duration 70.42.110 fees 70.42.090 issuance 70.42.110 limitation or cancellation of testing authority, grounds 70.42.130 operating without injunctive and other relief available to department of health 70.42.180 penalties 70.42.180 renewal 70.42.110 required 70.42.020 revocation grounds for 70.42.150 prohibition on owning or operating test site, duration 70.42.200 suspension, grounds for 70.42.140 violations, acts constituting, penalties 70.42.160 waiver of requirement 70.42.030 On-site reviews by department of health 70.42.170 Owners and operators, license revocation, disqualification from owning or operating site, duration 70.42.200 Proficiency testing program 70.42.070 Quality control, quality assurance, recordkeeping, and personnel standards department of health to establish by rule 70.42.060 Superior court review of disciplinary action petition for 70.42.190 Test site supervisor required 70.42.080 Testing not covered by license permission from department of health required 70.42.050 MEDICARE SUPPLEMENTAL HEALTH INSURANCE ACT (See INSURANCE, subtitle Medicare supplemental health insurance) MEDICINE, FAMILY Advisory board chairman 70.112.030 created 70.112.030 duties 70.112.050 membership 70.112.030 terms of members 70.112.040 vacancies 70.112.040 Education and residency programs 70.112.010 Residency programs 70.112.010 funding of 70.112.060 University of Washington medicine, school of, conducting of 70.112.020 University of Washington medicine, school of residency programs 70.112.020 MEDICINE AND SURGERY (See OSTEOPATHY; PHYSICIANS AND SURGEONS) MEDICINES (See also DRUGS; PHARMACIES AND PHARMACISTS) DMSO prescription, administration permitted 70.54.190 Hypodermic syringes, needles dealer’s duty to determine sale legality 70.115.050, 70.115.060 Laetrile certification 70.54.140 legislative declaration 70.54.130 physician’s immunity from prescribing or administering 70.54.150 prescription, administration, permitted 70.54.140 Liquor laws, exemptions 66.12.060, 66.12.070 Oral administration (2008 Ed.) schools, public and private 28A.210.260 immunity from liability 28A.210.270 Practice and sale, legislature to regulate Const. Art. 20 § 2 Vaccine repository, fee schedule 70.54.200 MEETINGS AND ASSEMBLIES Corporations, See CORPORATIONS, subtitle Meetings Fish marketing associations 24.36.180, 24.36.280 Governor, state of emergency, power to suppress unlawful assembly 43.06.010 Open public meetings actions taken in noncompliance are null and void 42.30.060 adjournments 42.30.090 application, exceptions 42.30.140 attorney general, assistance 42.30.210 conditions for attending prohibited 42.30.040 continuances 42.30.100 definitions 42.30.020 disturbing meetings, procedure 42.30.050 emergencies 42.30.070 exceptions 42.30.070, 42.30.140 executive sessions authority 42.30.110 subject matter 42.30.110 interrupting meetings, procedure 42.30.050 joint operating agencies 43.52.383 legislative declaration 42.30.010 meetings declared open and public 42.30.030 minutes of meeting 42.32.030 multimember student board, state colleges and universities, applicable to 42.30.200 notice required 42.30.060, 42.30.080 notices state register, contained in 34.08.020 ordinances, adoption at open public meeting required 42.30.060 places for 42.30.070 regular meetings defined 42.30.075 schedule of filed with code reviser 42.30.075 notice of change filed with code reviser 42.30.075 publication in state register 42.30.075 rules and regulations, adoption at open public meeting required 42.30.060 special meetings 42.30.080 times for 42.30.070 violations civil penalty 42.30.120 court action, fees, costs 42.30.120 injunctions against 42.30.130 mandamus actions against 42.30.130 voting by secret ballot prohibited 42.30.060 Public corporations 35.21.759 Saboteurs, criminal 9.05.030 MEMORIALS Korean conflict 73.40.040 Missing-in-action or died in southeast Asia memorial within the state capitol building 73.40.010, 73.40.030 National World War II memorial account 73.40.060 MENTAL HEALTH ADVANCE DIRECTIVES Fraudulent creation or revocation 9A.60.060 Generally Ch. 71.32 Informed consent 7.70.068 MENTAL HEALTH COUNSELORS (See COUNSELORS) MENTAL HEALTH SERVICES (See MENTAL ILLNESS, subtitle Community services) MENTAL ILLNESS (See also HOSPITALS FOR MENTAL ILLNESS) Alcohol and drug abuse integrated crisis response and involuntary treatment, pilot programs Ch. 70.96B involuntary commitment or detention 71.05.040 screening and assessment of chemical dependency and mental disorders Ch. 70.96C screening and assessment process 71.05.027 Alcoholism and drug addiction treatment Ch. 70.96A Aliens, deportation Ch. 72.25 Antipsychotic medications involuntary administration 71.05.215 right to refuse 71.05.215 Arrest of individuals with mental disorders 10.31.110 Attorneys compensation of appointed counsel 71.05.110 Bank or trust company may act as personal representative of 11.36.010 Children mental health services Ch. 71.34, Ch. 71.36 system of care Ch. 74.55 Children and family services act 74.14A.020 legislative intent 74.14A.010 policy goal 74.14A.025 Children’s center for research and training in mental retardation established at University of Washington 28B.20.410 Commitment applications, court commissioners’ power to hear and determine 2.24.040 joinder of petitions 71.05.032 Community services children’s services 71.24.049, 71.24.055, 71.24.061, 71.24.065 collaborative service delivery 71.24.430 counties, joint agreements 71.24.100, 71.24.110 dangerous offenders liability limitation 71.24.480 definitions 71.24.025 DSHS powers and duties 71.24.035, 71.24.045 educational requirements for providers, waiver 71.24.260 fees 71.24.215 funding Ch. 71.20, 71.24.155, 71.24.160, 71.24.200, 71.24.220 funding, federal 71.24.420 intent, policy 71.24.015, 71.24.016, 71.24.030 interstate contracts 71.28.010 offenders, access to treatment and support services 71.24.450, 71.24.455, 71.24.460 performance audit recommendations affirmed 71.24.805 implementation 71.24.810 study of long-term outcomes 71.24.840 program plans, approval 71.24.240 regional support networks contracts with department 71.24.330 limitation on state liability 71.24.370 medical assistance, release from confinement 71.24.340 new networks, establishment 71.24.360 ombudsman office 71.24.350 powers and duties 71.24.035, 71.24.045 procurement process 71.24.320 responsibilities 71.24.250, 71.24.300, 71.24.310 streamlining delivery system 71.24.400, 71.24.405, 71.24.415 Comprehensive community health centers administrative implementation, state agencies 70.10.060 construction projects fiscal assistance, approval, use 70.10.040 interagency cooperation 70.10.050 defined 70.10.020 federal/state fund, application for, administration of, authorization 70.10.030 legislative intent 70.10.010 Counselors Ch. 18.19, Ch. 18.225 Court mental health commissioners appointment 71.05.135 [RCW Index—page 467] MENTAL ILLNESS authority and duties 71.05.137 Courts, mental health 2.28.180, 2.28.190 Crime victims and witnesses—dependent persons Ch. 7.69B Criminal insanity hospital charges, liability 43.20B.320 Criminally insane acquittal, motion for on grounds of insanity, hearing, findings 10.77.080 acquittal by reason of insanity 10.77.110 appellate review, right of either party 10.77.230 commitment, records and reports to accompany defendant 10.77.097 commitment eligibility, cause of mental disorder 10.77.027 commitment or treatment, maximum term 10.77.025 conditional release application, procedure 10.77.150 payments to persons on 10.77.170 review of case 10.77.180 revocation or modification of terms, procedure 10.77.190 secretary’s recommendation required for release without hearing 10.77.155 supervision of released committed person by department of corrections 10.77.150 terms and conditions of release, reports of adherence to 10.77.160 confinement of committed person, custody, hearings, release 10.77.120 costs, responsibility for, reimbursement 10.77.250 definitions 10.77.010 escape notification requirements 10.77.165 evaluations, reports and recommendations to court required 10.77.065 evidence admissibility 10.77.030 examination by an expert or professional person, defendant’s right 10.77.070 expert, right to 10.77.020 experts or professional persons as witnesses 10.77.100 furlough notice 10.77.163 secretary’s recommendation required for release without hearing 10.77.155 generally Ch. 10.77 insanity 10.77.030 involuntary medication 10.77.092, 10.77.093 jury, instructions to on special verdict 10.77.040 legal counsel 10.77.020 mental incapacity, person under, trial, conviction or sentencing not permitted 10.77.050 not guilty by reason of insanity plea or competency 10.77.060 not to be incarcerated in state correctional facility, exceptions 10.77.220 order of commitment or treatment 10.77.020 person committed or conditionally released examinations, periodic 10.77.140 notice to court 10.77.140 reports 10.77.140 persons involuntarily detained or committed release of information regarding authorization 10.77.207 records and reports on to be kept, made available 10.77.210 release procedures 10.77.200 right to adequate care and treatment 10.77.210 rights, existing, not affected 10.77.240 rights of persons subject to chapter 10.77.020 sexual or violent offender notice requirements for release, transfer, or escape 10.77.205 stay of proceedings for incompetency 10.77.084, 10.77.086, 10.77.088 violent act, presumptions 10.77.260 [RCW Index—page 468] Criminally violent offenders release, transfer, or escape, notice requirements 71.05.425 Definitions 71.05.020 Dementia, persons suffering from involuntary commitment or detention 71.05.040 Detention for evaluation and treatment additional confinement for intensive treatment, procedures and conditions 71.05.280, 71.05.285, 71.05.290, 71.05.300, 71.05.310, 71.05.320 additional detention, time limit and procedures 71.05.230 criminal defendant, examination and evaluation 71.05.235 legislative audit and review committee evaluation of legislation 44.28.800 liability of applicant 71.05.500, 71.05.510 likelihood of serious harm, determination 71.05.245 petition for initial detention 71.05.160, 71.05.170 petition for involuntary or alternative treatment 71.05.240 procedure 71.05.150, 71.05.153, 71.05.190, 71.05.212 property of detainee 71.05.220 protocols, development 71.05.214 release from involuntary intensive treatment 71.05.260 release or disposition 71.05.210 seventy-two hour period, computation 71.05.180 temporary release 71.05.270 time frame for evaluation, care requirements 71.05.210 Developmentally disabled involuntary commitment, procedures and conditions 71.05.320 involuntary commitment or detention 71.05.040 Duty to warn of potential violent behavior 71.05.120 Enhanced services facilities admission criteria 70.97.030 admittance, person eligible for 70.97.170 advanced directives 70.97.020 antipsychotic medication, right to refuse 70.97.050 capacity 70.97.060 change of ownership or management, notice of 70.97.190 comprehensive assessments 70.97.070 definitions 70.97.010 facilities exempted 70.97.090 fire protection, standards 70.97.210 inspections 70.97.160 liability, exemption 70.97.220 licensing 70.97.060, 70.97.100 qualified professional, services of 70.97.180 recordkeeping 70.97.200 rights of residents 70.97.040 rules, adoption 70.97.230 staffing, levels and training 70.97.080 unlicensed operation 70.97.130, 70.97.140, 70.97.150 violations, enforcement 70.97.110, 70.97.120 Escheats, limitation of actions for filing claim tolled during disability 11.08.280 Financial responsibility of modification or vacation of findings 43.20B.350 Fishing permits, group 77.32.550 Funding for services and facilities 71.05.100, 71.05.530 Gravely disabled, designation 71.05.280 Guardian, See GUARDIAN AND WARD, subtitle Appointment of guardian Guardian or limited guardian of estate, competency as witness 5.60.030 habeas corpus writ granted to 7.36.020 partition proceedings consent by 7.52.470 proceeds of sale received by 7.52.460 Habeas corpus, granting of writ to guardian or limited guardian 7.36.020 Harrison Memorial Hospital as multi-use facility 72.29.010 Home or crisis visit, health professional or intervention worker 71.05.700, 71.05.705, 71.05.710, 71.05.715, 71.05.720 Indecent liberties by health care providers 9A.44.100 Insane commitment applications, court commissioners’ power to hear and determine 2.24.040 Institutes for study and treatment of mental disorders establishment and purposes 72.23.025 Institutional care purchase by contract 74.09.120 Insurance coverage basic health plan 70.47.200, 70.47.201 Interstate compact on mental health Ch. 72.27 Investigation of state employees and care providers 43.20A.710 Involuntary commitment applicable laws 71.05.030, 71.05.040 assistance for released persons 71.05.350 conditional release 71.05.340 confidential information and records, disclosure 71.05.390 duration limitation 71.05.320 early release 71.05.330 group disability insurance preauthorization requirement waived 48.21.242 health care services contractors preauthorization requirement waived 48.44.342 inpatient treatment, order modification 71.05.335 judicial proceedings, duty of court when commitment recommendations not followed 71.05.237 liability of applicant 71.05.500, 71.05.510 outpatient treatment 71.05.340 prosecuting attorney and attorney general, duties 71.05.130 records maintained 71.05.140 release from involuntary treatment 71.05.325 rights of committed person 71.05.217, 71.05.360, 71.05.520 Judgments or orders against, vacation or modification of ground 4.72.010 limitation of action exception 4.72.030 motion for 4.72.010 petition, by 4.72.030 Jurors, unsoundness of mind, ground for challenging of 4.44.160 Juvenile offenders mental health disposition alternatives 13.40.167 transfer to mental institution 71.05.525 Law enforcement officers, training requirement interactions with mentally ill persons 43.101.227 Liability, exemption for treatment agencies 71.05.120 Malicious harassment 9A.36.080 Medical assistance coverage upon release from confinement 74.09.555 Mental health social and health services department responsibilities Ch. 72.06 Mental health advance directives fraudulent creation or revocation 9A.60.060 generally Ch. 71.32 informed consent 7.70.068 Minors general provisions antipsychotic medication 71.34.370 (2008 Ed.) MENTAL ILLNESS attorney appointed, compensation 71.34.330 available treatment, notice to parents 71.34.375 costs, liability 71.34.405 county responsibilities 71.34.300 court proceedings, subject to rule 71.34.325 court proceedings, transfer of 71.34.320 court records and files confidential 71.34.335 disclosure, information or records 71.34.350 eighteenth birthday, no detention after 71.34.360 funding, no right to 71.34.395 funds, Title XIX redirection 71.34.390 jurisdiction over proceedings 71.34.310 medical assistance, eligibility 71.34.400 mental health commissioners 71.34.315 mental health services information, release 71.34.345 performance of duties, liability 71.34.410 release 71.34.365 rights of minors 71.34.355 rules, adoption 71.34.380 school contacting treatment program 71.34.305 shock treatment 71.34.370 treat information confidential 71.34.340 uniform application of chapter 71.34.385 involuntary commitment evaluation, thirteen or older 71.34.700 examination and evaluation 71.34.720 failure to adhere to outpatient conditions 71.34.780 fourteen-day commitment, petition 71.34.730 hearing, requirements 71.34.740 likelihood of serious harm, detention 71.34.710 one hundred eighty-day commitment, petition 71.34.750 release 71.34.770 state evaluation and treatment facility, placement in 71.34.760 transportation for minor 71.34.790, 71.34.795 minor-initiated treatment notice to leave treatment 71.34.520 notice to parents 71.34.510 outpatient treatment, age of consent 71.34.530 thirteen or older 71.34.500 parent-initiated treatment evaluation of treatment 71.34.640 liability, limitation for admitting 71.34.660 outpatient treatment, determination 71.34.650 petition court for release, minor’s 71.34.620, 71.34.630 request for determination 71.34.600 review of admission and treatment 71.34.610 Nonresidents, return to state of residence Ch. 72.25 Offenders community treatment and services, access 71.24.450, 71.24.455, 71.24.460 corrections mental health center research, training, and treatment services 72.09.350 court-ordered treatment 71.05.132, 72.09.315 criminal insanity, evaluation procedure 71.05.212, 71.05.214 dangerous postrelease treatment and support services plan 72.09.370 treatment services, liability limitation 71.24.480 discharge from state hospital 71.05.232 evaluation by mental health professional 71.05.157 less restrictive alternatives 71.05.145, 71.05.575 medical assistance (2008 Ed.) coverage upon release from confinement 74.09.555 mental health services information, release 72.09.585 notification to treatment providers at time of release 72.10.060 plan for postrelease treatment and support services for dangerous offenders 72.09.380, 72.09.381 transfer from facilities Ch. 72.68 Partition proceedings consent to partition by guardian or limited guardian 7.52.470 guardian may receive proceeds of sale 7.52.460 Patient’s records confidential information, disclosure 71.05.390 disclosure record 71.05.420 release to corrections department 71.05.445 unauthorized release, remedy 71.05.440 Personal representative, disqualified to act as in probate 11.36.010 Pistols, delivery to mentally ill person prohibited 9.41.080 Prisoners, mental health services information disclosure 9.94A.500 Private institutions or establishments, See HOSPITALS FOR MENTAL ILLNESS Psychologists, licensing and regulation Ch. 18.83 Rape by health care provider 9A.44.050 Recreation therapy Ch. 18.230 Regional support networks children’s mental health services, coordination Ch. 71.36 community mental health services Ch. 71.24 integration of services 71.05.025 limitation on state liability 71.05.026 Respectful language requirements RCW references 44.04.280 Restraining of, use of force, when lawful 9A.16.020 Rights of confined persons 71.05.217, 71.05.360, 71.05.520 Sex offenders information release 71.05.427 release, transfer, or escape, notice requirements 71.05.425 Sexual psychopaths commitment credit for time served in hospital 71.06.120 discharge 71.06.130 duration, release conditions 71.06.091 hospital medical records 71.06.100 custody and treatment requirements 71.06.140 definitions 71.06.010 hospitalization costs, responsibility 71.06.260 nonresidents or aliens, deportation Ch. 72.25 petition in criminal proceeding acquittal on criminal charge, effect 71.06.030 commitment or disposition of charge 71.06.060 detention for observation 71.06.040 filing 71.06.020 jury trial 71.06.070 preliminary hearing 71.06.040 procedure 71.06.030 report of findings 71.06.050 rights of defendant 71.06.080 records, availability 71.06.270 release of information authorized 71.06.135 Sexually violent predators "all other laws" defined 71.09.2501 commitment annual mental examination 71.09.070 background check for employees 71.09.115 conditional release, requirements 71.09.090, 71.09.092, 71.09.094, 71.09.096, 71.09.098 discharge 71.09.090 escape or disappearance, McNeil Island plan 71.09.135 escape or disappearance, notification 71.09.130, 71.09.140 escorted leave, requirements 71.09.200, 71.09.210, 71.09.220, 71.09.230 financial responsibility 71.09.110 procedures 71.09.060 release or discharge, notification 71.09.140 rights of committed person 71.09.080 definitions 71.09.020 medical care 71.09.085 petition for classification evaluation 71.09.040 filing 71.09.030 hearing, judicial determination 71.09.040 release notice to prosecuting attorney 71.09.025 release of information authorized 71.09.120 social and health services, department of jurisdiction 71.09.112 special commitment center 71.09.060 transition facilities alternative placement, court authority 71.09.345 authority 71.09.341 contracted operation 71.09.330 contracts, state and local 71.09.343 distribution of impact 71.09.265 examination and treatment, certified providers 71.09.350 incentive grants and payments 71.09.255 mitigation agreements 71.09.344 operational advisory boards 71.09.320 public notice, review, and comment 71.09.315 regional facilities, agreements 71.09.252 release, conditional 71.09.325, 71.09.335, 71.09.340 release, less restrictive placement 71.09.280 residential neighborhoods 71.09.260 residents, monitoring and escorting 71.09.305, 71.09.310 residents, transport 71.09.275 security systems 71.09.295 siting 71.09.250, 71.09.285, 71.09.290, 71.09.342 staffing 71.09.300 trial determination as sexually violent predator 71.09.060 rights of parties 71.09.050 Tolling of statute of limitations of actions 4.16.190 coexistent disabilities 4.16.260 when disability must exist 4.16.250 Treatment records access procedures 71.05.640 access under false pretenses, penalty 71.05.680 confidentiality 71.05.630 court files and records closed 71.05.620 privileged communications unaffected 71.05.660 release 71.05.630 rules, adoption 71.05.690 Violent offenders release, transfer, or escape, notice requirements 71.05.425 Voluntary commitment confidential information and records, disclosure 71.05.390 rights and procedures 71.05.050 rights of committed person 71.05.380 Voting rights, loss of 11.88.010, 11.88.090, Const. Art. 6 § 3 Witnesses effect on competency of witness 5.60.050 guardian or limited guardian of estate, competency as witness 5.60.030 [RCW Index—page 469] MENTAL INSTITUTIONS MENTAL INSTITUTIONS (See HOSPITALS FOR MENTAL ILLNESS) MENTAL RETARDATION (See DEVELOPMENTAL DISABILITIES, PERSONS WITH) MERCHANT MARINE Licenses, moratorium during service 43.24.130 Power of attorney executed by member of, effect of death 73.20.050 MERCURY Reduction and education Ch. 70.95M MERGERS Banks, See BANKS AND BANKING, subtitle Merger, consolidation or conversion Corporations, See CORPORATIONS, subtitle Merger Drainage districts, merger with irrigation districts 87.03.720 Fish marketing associations 24.36.090 Insurance companies generally 48.31.010 mutuals 48.09.350 reciprocals 48.10.330 Irrigation districts diking and drainage improvement districts 85.08.830, 85.08.840, 85.08.850, 85.08.860, 85.08.870, 85.08.880, 85.08.890 drainage districts, merger with, generally 87.03.720, 87.03.725, 87.03.730, 87.03.735, 87.03.740, 87.03.745 merger of smaller districts into larger districts 87.03.530, 87.03.845, 87.03.847, 87.03.849, 87.03.851, 87.03.853, 87.03.855, 87.04.058 water rights, existing rights not impaired 87.03.857 water-sewer districts, merger with, generally 87.03.720, 87.03.725 Water-sewer districts generally Ch. 57.36 merger with irrigation districts 87.03.720 METAL BUYERS Pawnbrokers and second-hand dealers Ch. 19.60 METAL PROPERTY, STOLEN Civil penalties 19.290.080 Definitions 19.290.010 Exemptions 19.290.090 Metal property and metallic wire 19.290.030 Records required 19.290.020 Report to law enforcement 19.290.050 Scrap metal businesses 19.290.040 Stolen property, preserving evidence 19.29.060, 19.290.060 Violations, penalties 19.290.070 METHADONE TREATMENT (See ALCOHOLISM AND DRUG ADDICTION, subtitle Opiate substitution treatment) METHAMPHETAMINE (See DRUGS, subtitle Controlled substances) METROPOLITAN MUNICIPAL CORPORATIONS Adoption methods elections calling of 35.58.080 expenses for 35.58.430 petition for 35.58.070 procedure 35.58.090 resolutions for 35.58.070 petitions for election 35.58.070 resolutions for election authorized method 35.58.070 hearings on 35.58.080 Advisory committees parks and parkways 35.58.300 transportation 35.58.270 water pollution abatement 35.58.210 water supply 35.58.230 [RCW Index—page 470] Annexation of contiguous territory authority 35.58.530 requirements and procedure 35.58.530 Annexation of included territory to a noncomponent city effect 35.58.530 elections, requirements 35.58.530 procedure 35.58.530 requirements 35.58.530 resolutions or petitions for 35.58.530 Annexation of other territory annexation to component city, effect 35.58.530 determination of boundaries 35.58.540 elections calling 35.58.540 conduct of 35.58.550 requirements 35.58.530 procedure 35.58.530 public hearings 35.58.540 requirements 35.58.530 resolutions or petitions for 35.58.530 Assumption of rights, powers, functions and obligations by class AA or class A counties apportionment of budgeted funds 36.56.060 budgeted funds, apportionment of 36.56.060 declaration of intent 36.56.040 duties as to appropriations, transferred 36.56.100 assets, transferred 36.56.100 books, transferred 36.56.100 business, pending, of metropolitan municipal corporation continued 36.56.090 collective bargaining units or agreements 36.56.080 contracts of metropolitan municipal corporation, full force and effect 36.56.090 credits, transferred 36.56.100 debts and obligations 36.56.110 documents, transferred 36.56.100 existing rights, actions, proceedings, not impaired or altered 36.56.070 federal grants, transferred 36.56.100 files, transferred 36.56.100 funds, transferred 36.56.100 obligations and debts 36.56.110 obligations of metropolitan municipal corporation, full force and effect 36.56.090 office equipment, furniture transferred 36.56.100 official acts of official or employee of metropolitan municipal corporation, validity of 36.56.090 property, real and personal, transferred 36.56.100 records, transferred 36.56.100 reports, transferred 36.56.100 rules and regulations of metropolitan municipal corporation continued 36.56.090 severability 36.56.900 employees and personnel 36.56.050 extent of rights, powers, functions and obligations assumed and vested in county 36.56.040 funds, accounts, records, transfer and adjustment of 36.56.060 metropolitan council, abolition of 36.56.040 ordinance or resolution of intention adoption of 36.56.020 hearing 36.56.020, 36.56.030 publication of 36.56.020 submission to voters 36.56.040 transfer and adjustment of funds, accounts and records 36.56.060 transfer of rights, powers, functions and obligations of to county 36.56.040 Assumption of rights, powers, functions and obligations by county with population of two hundred ten thousand or more authority 36.56.010 Authorization 35.58.030 Bonds general obligation bonds, submission at same election or special election 35.58.116 Boundaries 35.58.040 limitation 35.58.030 Commencement of functions, effective date 35.58.190 Comprehensive plan for additional functions before authority granted for performance of additional functions, authority to 35.58.112 may not be adopted prior to authority to perform functions included therein 35.58.112 resolution for special election to authorize additional function election procedure 35.58.114 hearings pursuant to 35.58.114 pursuant to, contents of resolution 35.58.114 Conservation, preservation interest in land acquisition, authorized 64.04.130 conveyance, form 64.04.130 Consolidation into single corporation 35.58.040 Contract, power to, additional powers 35.58.180 Definitions 35.58.020 Establishment of additional functions authority by election 35.58.100 authority without election 35.58.110 first meeting of council 35.58.090 name and seal 35.58.170 performance of functions, commencement date 35.58.190 Fiscal matters bonds funding and refunding methods 35.58.470 general obligation 35.58.450 issuance, sale, form, terms, and payment 35.58.450 proposed for issuance, election 35.58.116 submission of proposition at same election or special election 35.58.116 limitation on indebtedness 35.58.450 revenue issuance, sale, form, terms, and payment 35.58.460 reserves for 35.58.460 budget adoption 35.58.410 expenditures, designation 35.58.410 funds disbursements 35.58.430 maintenance 35.58.430 general tax levy, proposition for issuance of, submission at same election or special election 35.58.116 investments authorized for public deposits 35.58.510 money, borrowing from component city or county 35.58.480 obligations, legal investments and security for public deposits 35.58.510 supplemental income payment by component cities and counties 35.58.420 taxes counties or cities not to impose on certain operations of metropolitan municipal corporations 35.58.560 credits or offsets against state taxes 35.58.560 refund of motor vehicle fuel taxes paid 35.58.560 warrants, interest bearing, authority to issue 35.58.490 Functions additional authority by election 35.58.100 authority without election 35.58.110 procedure pursuant to comprehensive plan 35.58.114 studies preliminary to or incident to the preparation of a recommended (2008 Ed.) METROPOLITAN PARK DISTRICTS comprehensive plan for an additional function before authority to perform such function is granted 35.58.112 assumption of rights, powers, functions and obligations by class AA or class A counties apportionment of budgeted funds 36.56.060 budgeted funds, apportionment of 36.56.060 declaration of intent 36.56.040 duties as to appropriations, transferred 36.56.100 assets, transferred 36.56.100 books, transferred 36.56.100 business, pending, of metropolitan municipal corporation continued 36.56.090 collective bargaining units or agreements 36.56.080 contracts of metropolitan municipal corporation, full force and effect 36.56.090 credits, transferred 36.56.100 debts and obligations 36.56.110 documents, transferred 36.56.100 effective date 36.56.910 existing rights, actions, proceedings, not impaired or altered 36.56.070 federal grants, transferred 36.56.100 files, transferred 36.56.100 funds, transferred 36.56.100 obligations and debts 36.56.110 obligations of metropolitan municipal corporation, full force and effect 36.56.090 office equipment, furniture transferred 36.56.100 official acts of official or employee of metropolitan municipal corporation, validity of 36.56.090 property, real and personal, transferred 36.56.100 records, transferred 36.56.100 reports, transferred 36.56.100 rules and regulations of metropolitan municipal corporation continued 36.56.090 severability 36.56.900 surveys, transferred 36.56.100 employees and personnel 36.56.050 extent of rights, powers, functions and obligations assumed and vested in county 36.56.040 funds, accounts, records, transfer and adjustment of 36.56.060 metropolitan council, abolition of 36.56.040 ordinance or resolution of intention adoption of 36.56.020 hearing 36.56.020 publication of 36.56.020 submission to voters 36.56.040 transfer and adjustment of funds, accounts and records 36.56.060 transfer of rights, powers, functions and obligations of to county 36.56.040 assumption of rights, powers, functions and obligations by county with population of two hundred ten thousand or more authority 36.56.010 authorized 35.58.050 ordinance or resolution of intention hearing 36.56.030 performance of, commencement date 35.58.190 unauthorized 35.58.060 Garbage disposal, general powers 35.58.280 Heating systems, See HEATING SYSTEMS Investment of surplus funds 35.58.520 Laws relating to, liberal construction 35.58.900 Lease, power to 35.58.180 Local improvement districts classification of property, supplemental authority Ch. 35.51 (2008 Ed.) joint planning and construction of improvement, supplemental authority Ch. 35.51 reserve funds, supplemental authority Ch. 35.51 Local improvement districts, creation of 35.58.500 Metropolitan council compensation 35.58.160 composition 35.58.120 representative from city partially included within the boundaries of the metropolitan municipal corporation 35.58.040 first meeting 35.58.090 organization 35.58.130 powers, general grant 35.58.350 rules and regulations 35.58.130 terms of office 35.58.140 vacancies 35.58.150 Metropolitan public transportation defined 35.58.020 Name, adoption by council 35.58.170 Parks and parkways park board, exception to requirement to create 35.58.300 Personnel merit system for 35.58.370 prior employees pension rights 35.58.390 sick leave and vacation 35.58.400 retention of existing 35.58.380 Powers and duties additional powers 35.58.180 contract 35.58.180 eminent domain 35.58.320 garbage disposal, general grant 35.58.280 general grant 35.58.180 metropolitan council 35.58.350 money, borrowing from component city or county 35.58.480 planning, metropolitan comprehensive, general grant 35.58.310 property, unneeded, disposition of 35.58.340 public rights of way, exercise of, without franchise 35.58.330 rules and regulations adoption of 35.58.360 enforcement of 35.58.360 sue and be sued 35.58.180 transportation 35.58.240 authorized by elections 35.58.245 rates, user classification, tolls and charges 35.58.240 water pollution abatement, general grant 35.58.200 water supply, general grant 35.58.220 where vested 35.58.350 Property disposition of unneeded property 35.58.340 Public mass transportation system bond issues general obligation bonds 39.33.050 revenue bonds, authority 39.33.050 exchange with political subdivision or municipal corporation authorized 39.33.050 intergovernmental disposition of 39.33.050 lease to political subdivision or municipal corporation authorized 39.33.050 sale to political subdivision or municipal corporation authorized 39.33.050 transfer to political subdivision or municipal corporation authorized 39.33.050 Public policy, declaration of 35.58.010 Public transportation authorized by election 35.58.245 definitions 35.58.272 fares 35.58.580, 35.58.585, 35.58.590, 35.58.595 feasibility study, financial support payment 35.58.2712 generally 35.58.240 municipality, defined 35.58.272 Purpose of, declaration of 35.58.010 Resolution for special election to authorize additional functions contents 35.58.114 hearings 35.58.114 Seal, adoption by council 35.58.170 Sewerage systems capacity charges, authorization for and determination of amount 35.58.570 powers of corporations 35.58.215 Short-term obligations Ch. 39.50 Special election to authorize additional functions, resolution for 35.58.114 Territory cities partially included or excluded, subsequent to formation 35.58.040 cities wholly included or excluded, at time of formation 35.58.040 inclusion or exclusion 35.58.040 within more than one 35.58.040 Transportation city system, acquisition of 35.58.260 fuel purchasing strategies liability immunity 35.58.263 reports 35.58.262 general powers 35.58.240 privately owned public carriers prohibition 35.58.250 purchase or condemnation of 35.58.250 transit commission, exception to requirement to create 35.58.270 Utility local improvement districts, creation of 35.58.500 Water pollution abatement advisory committee 35.58.210 general powers 35.58.200 Water supply advisory committee, exception to requirement to create 35.58.230 general powers 35.58.220 METROPOLITAN PARK DISTRICTS Acquisition of existing transportation system, duties incident to respecting employees 35.58.265 Amusements, general power in regard to 35.61.130 Annexation of territory assessment to pay for district indebtedness, submission to electorate 35.61.275 assumption of district indebtedness, submission to electorate 35.61.275 authority for 35.61.250 elections favorable vote, effect of 35.61.280 method 35.61.270 petition for hearing 35.61.260 signatures 35.61.250 Assessments on property 35.44.170 Bond issues elections to authorize certification of result 39.40.030 vote required 39.40.010 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 general obligation bonds maturity of bonds 39.44.070 interest, payment of 35.61.200 maturity of bonds 39.44.070 registered bonds, statements and signatures 39.44.102 retirement 35.61.190 sale of to United States at private sale amortization 39.48.020 chapter optional 39.48.040 United States, sale of bonds to at private sale Ch. 39.48 Boundary review boards [RCW Index—page 471] MIDWIFERY district actions subject to board review 35.61.001 City property assumption of indebtedness 35.61.300 emergency funds 35.61.290 transfer to district 35.61.290 Community service organizations neighborhood improvement projects 35.21.278 Condemnation of land, general power in regard to 35.61.130 Conditional sales contracts for purchase of real or personal property authorized, indebtedness limitation 39.30.010 election required if exceeds indebtedness limitation 39.30.010 joint execution with other municipal corporations authorized, indebtedness limitation 39.30.010 County property transfer to district 35.61.290, 35.61.300 Creation, territory included 35.61.010 Disbursement of funds county treasurer or designated person 35.61.180 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Dissolution 35.61.310 Dissolution of generally Ch. 53.48 review by boundary review board 53.48.001 Elections ballots 35.61.030 bond issues canvass 39.40.030 certification of result 39.40.030 existing election laws apply 39.40.020 vote required 39.40.010 conditional sales contracts for purchase of real or personal property, election required if exceeds indebtedness limitation 39.30.010 council ordinances, publication 35.61.030 favorable vote, effect 35.61.040 laws governing 35.61.090 park commissioners 35.61.050 resolutions 35.61.020 Eminent domain, general power in regard to 35.61.130 Employees, civil service for 35.61.140 Financial aid by city 35.61.290 First class cities, authority to create 35.61.010 Funds, emergency grant or loan by city 35.61.290 General powers 35.61.130 Improvements benefit to adjoining land assessments 35.61.220 collection by assessment liens 35.61.240 objections and appeals 35.61.230 payment for 35.61.220 petition to city 35.61.220 Indebtedness limit with popular vote 35.61.110 without popular vote 35.61.100 one percentum limitation on tax levies Const. Art. 7 § 2 Interlocal cooperation, See INTERLOCAL COOPERATION Limits, establishment 35.61.020 Neighborhood self-help projects contracts with community service organizations 35.21.278 Officers of, park commissioners 35.61.120 Park commissioners authority, generally 35.61.130 compensation 35.61.150 officers of district 35.61.120 terms of office, vacancies 35.61.050 Parks and recreation, authority to acquire and operate 67.20.010 [RCW Index—page 472] Payment of assessments, local improvement or utility local improvement district assessments 35.49.080 Police officers, authority to commission 35.61.370 Police regulation 35.61.130, 35.61.290 Property disposition of surplus property 35.61.132 general power in regard to 35.61.130 Public works community revitalization financing 35.61.137 contracts 35.61.135 Recreation and business, general power in regard to 35.61.130 Revenue bonds issuance and sales, authorization 35.61.115 Surplus property, disposition of 35.61.132 Taxation metropolitan park districts fund, payment of proceeds into 35.61.210 tax levy 35.61.210 Withdrawal or reannexation of areas 35.61.360 MIDWIFERY Access to services statewide plan 70.180.120 Advisory committee duties 18.50.150 membership 18.50.140 Certificate and license synonymous 18.50.130 Compliance with administrative procedures 18.50.050 Definitions 18.50.005 Drugs and medications, authority to administer 18.50.115 Duty to consult with physician, when 18.50.010 Education program, accreditation 18.50.045 Examinations administration 18.50.060 Exemptions from regulations 18.50.030, 18.50.032, 18.50.034 Gratuitous services not prohibited 18.50.010 Health, department secretary’s rule-making authority 18.50.135 Licenses credentialing by endorsement 18.50.065 eligibility and education requirements 18.50.040 exemptions 18.50.030, 18.50.032, 18.50.034 issuance 18.50.060 required 18.50.020 Malpractice insurance joint underwriting association, midwives and birthing centers administration of plan 48.87.060 composition of association 48.87.040 definitions 48.87.020 legislative intent 48.87.010 liability limits 48.87.050 plan for establishment of association, requirements for 48.87.030 policies written on a claims made basis, required insurer guarantees 48.87.070 rating plan requirements 48.87.050 risk management program requirements 48.87.080 rule-making authority 48.87.100 Midwifery advisory committee 18.50.140, 18.50.150 Plan for consultation, emergency transfer, and transportation 18.50.108 Professional service corporations Ch. 18.100 Qualifications of midwife, information to patient 18.50.105 Registration fees and renewal 18.50.102 Rule-making authority of secretary of health 18.50.135 Student midwife permits 18.50.040 Uniform disciplinary act, application 18.50.126 MIGRANT LABOR (See AGRICULTURAL LABOR; FARM LABOR CONTRACTORS; LABOR, subtitle Seasonal) MIGRANT LABOR HOUSING Application of chapter 70.114A.030 Cherry harvest temporary labor camps 70.114A.110 Compliance with federal law 70.114A.100 Definitions 70.114A.020 Department of health responsibilities 70.114A.040 Electricity requirements 49.17.300 Fee for use of housing 70.114.010 Food storage, handling, and preparation 49.17.300 Inspection 70.114A.060 Legislative declaration 70.114.010 Licensing, operation, and inspection 49.17.310, 70.114A.065 Operation standards 49.17.320, 70.114A.045 Rural worksites, housing permitted 70.114A.050 Technical assistance for builders or operators 70.114A.070 Temporary worker building code 70.114A.081, 70.114A.085 Yakima county project operation contract authority 70.114.020 MIGRATORY BIRD PRESERVES Consent of state to acquisition of land by United States 37.08.230 Jurisdiction of state preserved 37.08.230 MILEAGE (See also EXPENSES AND PER DIEM) Service of process amount chargeable as costs when services by other than public officer 4.84.090 disbursement, as 4.84.090 Sheriff’s fees in addition to 36.18.040 State officers and employees how paid 41.04.300 Witnesses cost bill may include, when 4.84.090 criminal cases, verification under oath necessary for payment 10.01.140 utilities and transportation commission witnesses 80.04.040 MILITARY DEPARTMENT (See MILITIA AND MILITARY AFFAIRS) MILITARY JUSTICE CODE Accused advising of charges against him 38.38.316 pleas 38.38.404 presumption of innocence 38.38.428 right to counsel 38.38.316, 38.38.376 Accuser defined 38.38.004 signing of charges by under oath 38.38.308 Active state duty, defined 38.38.004 Appointment, fraudulent 38.38.652 Appointment, unlawful 38.38.656 Apprehension authority of marshals and peace officers to apprehend 38.38.064 defined 38.38.064 deserters 38.38.068 riots and disorders, authority of commissioned officers and noncommissioned officers to quell and apprehend 38.38.064 Apprehension and restraint probable cause required 38.38.072 Charges and specifications correction of 38.38.324 forwarding of charges 38.38.320 informing accused of charges against him 38.38.308 investigation 38.38.316 reference to state judge advocate for consideration and advice 38.38.324 service of charges 38.38.328 signed under oath 38.38.308 statements required 38.38.308 (2008 Ed.) MILITARY JUSTICE CODE Code defined 38.38.004 Commanding officer, defined 38.38.004 Commissioned officer arrest or confinement, who may order 38.38.072 defined 38.38.004 dismissal, application for court martial by dismissed officer 38.38.016 general court martial on dismissal 38.38.016 reappointment to rank and grade 38.38.016 special courts-martial may not try 38.38.244 Complaints of wrongs by commanding officer 38.38.852 Compulsory self-incrimination prohibited 38.38.312 Confinement instead of fine 38.38.200 Confinement, See also MILITARY JUSTICE CODE, subtitle Apprehension and restraint Contempts 38.38.416 Convening authority, defined 38.38.004 Courts of inquiry 38.38.840 Courts-martial absence of members of court, effect 38.38.268 announcement of findings and sentence 38.38.436 burden of establishing guilt upon state 38.38.428 challenges of membership 38.38.388 contempts, penalty 38.38.416 continuances 38.38.384 defense counsel 38.38.260 duties 38.38.376 depositions 38.38.420 eligibility to serve upon 38.38.252 evidence, records of courts of inquiry, use of testimony 38.38.424 former jeopardy 38.38.400 general courts-martial absence and addition of members 38.38.268 maximum punishment jurisdiction 38.38.180 membership 38.38.172 record, referral to staff judge advocate for opinion 38.38.540 who may convene 38.38.240 governor may prescribe rules for trial 38.38.368 immunity of members of court from actions brought by accused 38.38.872 influencing action of court prohibited 38.38.372 jurisdiction generally 38.38.176 presumption of 38.38.876 kinds 38.38.172 military judge, eligibility 38.38.256 new trial, petition for 38.38.572 number of votes required to convict 38.38.432 oaths or affirmations 38.38.392 peremptory challenges of members 38.38.388 pleas of accused 38.38.404 president, qualifications 38.38.252 presumption of innocence, instructing court 38.38.428 process of military courts 38.38.864 reasonable doubt as to degree of guilt, lower degree finding 38.38.428 reasonable doubt of guilt resolved in favor of accused 38.38.428 record of trial 38.38.440 rehearings 38.38.548 reporters and interpreters 38.38.260 restoration of rights, privileges, and property where sentence set aside or disapproved 38.38.580 review of boards of review 38.38.556 error of law, effect on review 38.38.560 initial action on the record 38.38.536 lesser included offenses 38.38.560 reconsideration and revision 38.38.544 rehearings 38.38.548 (2008 Ed.) review counsel 38.38.564 review of records, disposition 38.38.556 right of accused to counsel before reviewing authority 38.38.564 scope of review 38.38.556 rulings 38.38.428 sentences approval by convening authority 38.38.532, 38.38.552 cruel and unusual punishments, prohibited 38.38.480 effective dates 38.38.488 execution of 38.38.532 confinement 38.38.492 finality of 38.38.584 maximum limits 38.38.484 reduction in grade 38.38.484 remission and suspension 38.38.576 suspension of sentence 38.38.532 vacation of suspended sentence, execution of sentence 38.38.568 sessions of court 38.38.380 special courts-martial absence and addition of members 38.38.268 commissioned officer, special courts-martial may not try 38.38.244 jurisdiction 38.38.184 maximum punishments 38.38.184 members 38.38.172 who may convene 38.38.244 statute of limitations on offenses 38.38.396 summary courts-martial informality of proceedings 38.38.248 jurisdiction 38.38.188 member 38.38.172 who may convene 38.38.248 tie votes 38.38.432 trial counsel 38.38.260 duties 38.38.376 voting and rulings 38.38.428, 38.38.432 who may serve on 38.38.252 witnesses compelling attendance 38.38.408 opportunity for defense counsel, trial counsel, and court to obtain 38.38.408 refusing to attend and testify, penalty 38.38.412 Crimes, See MILITARY JUSTICE CODE, subtitle Punitive articles Defense counsel duties 38.38.376 not to act as judge advocate upon same case 38.38.024 Definitions 38.38.004 Delegation of authority by the governor 38.38.880 Depositions 38.38.420 Deserters apprehension 38.38.068 jurisdiction over 38.38.012 Desertion 38.38.660 Dishonorable discharge approval by governor required 38.38.192 complete record required 38.38.196 Dismissal approval by governor required 38.38.192 commissioned officer 38.38.016 complete record of proceedings required 38.38.196 Disorders, authority of officers to quell 38.38.064 Duty status other than active state duty, defined 38.38.004 Enemy misbehavior before 38.38.716 Enlisted member arrest or confinement of, who may order 38.38.072 courts-martial, when eligible to serve upon 38.38.252 defined 38.38.004 Enlistment, fraudulent enlistment 38.38.652 Enlistment, unlawful 38.38.656 Evidence immaterial statement tending to degrade, prohibited 38.38.312 rules of evidence 38.38.368 self-incriminating evidence prohibited 38.38.312 statements obtained through coercion, unlawful influence or unlawful inducement prohibited 38.38.312 testimony given in courts of inquiry, reading into evidence 38.38.424 Execution of process and sentence 38.38.860 Explanation of enumerated sections required 38.38.848 Finality of proceedings, findings and sentence 38.38.584 Fines confinement instead of fine 38.38.200 payment and disposition 38.38.868 Forfeiture of pay and allowances for minor offenses 38.38.132 Former jeopardy 38.38.400 Frauds against the government 38.38.788 General article 38.38.800 Grade, defined 38.38.004 Guilty pleas 38.38.404 Insubordinate conduct 38.38.684 Investigations charges and specifications 38.38.316 right of accused to cross-examine witnesses 38.38.316 Jails, confinement in 38.38.080 Jurisdiction deserters, jurisdiction over 38.38.012 special courts-martial, maximum punishment 38.38.184 summary courts-martial maximum punishments, jurisdiction 38.38.188 summary courts-martial, maximum punishments 38.38.188 territorial application 38.38.020 Law officer defined 38.38.004 Law specialist, defined 38.38.004 Legal officer, defined 38.38.004 Malingering 38.38.772 May, defined 38.38.004 Military, defined 38.38.004 Military court, defined 38.38.004 Military judges consultation with members of court restricted 38.38.256 detailing of to serve 38.38.256 eligibility 38.38.256 hearing motions and procedural matters outside presence of court 38.38.380 questions of law, to rule on 38.38.428 Minor offenses, nonjudicial punishment by commanding officer 38.38.132 Misbehavior before enemy 38.38.716 New trial, petition for 38.38.572 Nonjudicial punishment by commanding officer 38.38.132 court-martial, demand for trial by, suspension of punishment 38.38.132 Not guilty pleas 38.38.404 Oaths, authority to administer 38.38.844 Offenses against civil authority delivery to civil authority for trial 38.38.092 Offenses under trial and punishment 38.32.020 Officer, defined 38.38.004 Orders, failure to obey 38.38.688 Persons subject to code 38.38.008 Prisoners punishment prohibited before trial 38.38.088 receipt by jail, prison, warden, etc., required 38.38.084 report of commitment to commanding officer 38.38.084 Probable cause required for apprehension or confinement 38.38.072 [RCW Index—page 473] MILITIA AND MILITARY AFFAIRS Process of military courts 38.38.864 Property redress of injuries to 38.38.856 Punishment nonjudicial punishment by commanding officer 38.38.132 prohibited before trial 38.38.088 Punitive articles absence without leave 38.38.664 accessory after the fact 38.38.632 aiding the enemy 38.38.736 appointment to service, effecting unlawful appointment 38.38.656 assaulting superior commissioned officer 38.38.680 attempts 38.38.640 breach of peace 38.38.776 captured or abandoned property, misuse of 38.38.732 contempt towards officials 38.38.672 conviction of lesser included offense 38.38.636 countersign, improper use of 38.38.724 courts martial, noncompliance with procedural rules 38.38.712 cruelty and maltreatment 38.38.692 desertion 38.38.660 disobeying superior commissioned officer 38.38.680 disrespect towards superior commissioned officer 38.38.676 drunk on duty 38.38.764 drunken or reckless driving 38.38.760 dueling 38.38.768 duty status, offense must be committed while on, to be punishable 38.38.624 enemy aiding 38.38.736 misbehavior before 38.38.716 enlistment, effecting unlawful enlistment 38.38.656 false statement or record, etc., signing 38.38.744 frauds against the government 38.38.788 fraudulent appointment in military service 38.38.652 enlistment 38.38.652 separation from service 38.38.652 general article 38.38.800 insubordinate conduct 38.38.684 larceny 38.38.792 leaving post before relief 38.38.764 malingering 38.38.772 military property, losing, damaging, or destroying 38.38.748 missing movement 38.38.668 mutiny 38.38.696 officer, conduct unbecoming 38.38.796 orders or regulations, failure to obey 38.38.688 perjury 38.38.784 principals, punishable as 38.38.628 prisoner, misconduct of 38.38.740 property other than military property, wasting or destroying 38.38.752 provoking speeches or gestures 38.38.780 reckless driving 38.38.760 releasing prisoner without proper authority 38.38.704 resistance of apprehension 38.38.700 resisting arrest 38.38.700 riot 38.38.776 rules, noncompliance with 38.38.712 safeguards, forcing 38.38.728 sedition 38.38.696 self-injury, inflicting 38.38.772 separation, effecting unlawful separation 38.38.656 sleeping on post 38.38.764 solicitation 38.38.648 surrender, subordinate compelling commanding officer to surrender 38.38.720 vessels, improper hazarding of 38.38.756 [RCW Index—page 474] wrongful appropriation 38.38.792 Rank, defined 38.38.004 Records, dishonorable discharge or dismissal, complete record required 38.38.196 Redress of injuries to property 38.38.856 Regulation, failure to obey 38.38.688 Rehearings 38.38.548 Remission and suspension 38.38.576 Reports, commitment of prisoner, report to commanding officer 38.38.084 Reprimands 38.38.132 Restraint arrest defined 38.38.072 commissioned or warrant officer, who may order apprehended or confined 38.38.072 confinement defined 38.38.072 in jails or prisons, when 38.38.080 enlisted members, who may order into restraint 38.38.072 offenses committed under code, arrest or confinement authorized 38.38.076 summary court martial offenses, confinement not required 38.38.076 Review of courts-martial boards of review 38.38.556 error of law, must materially prejudice rights of accused to change sentence 38.38.560 initial action on the record 38.38.536 lesser included offenses 38.38.560 reconsideration and revision of finding or sentence 38.38.544 review counsel 38.38.564 review of records, disposition 38.38.556 right of accused to counsel before reviewing authority 38.38.564 scope of review 38.38.556 Self-incrimination prohibited 38.38.312 Self-injury, intentional inflection 38.38.772 Sentences approval by convening authority 38.38.532, 38.38.552 cruel and unusual punishments prohibited 38.38.480 effective dates 38.38.488 execution of confinement 38.38.492 sentence 38.38.532 finality of 38.38.584 maximum limits 38.38.484 reduction in grade 38.38.484 restoration of rights, privileges, and property where sentence set aside or disapproved 38.38.580 suspension of sentence 38.38.532 vacation of suspended sentence, execution of sentence 38.38.568 Separation, fraudulent 38.38.652 Separation, unlawful 38.38.656 Shall, defined 38.38.004 Short title 38.38.888 State judge advocate appointment 38.38.024 assistant state judge advocates 38.38.024 defined 38.38.004 inspections 38.38.024 qualifications 38.38.024 reference of charges to, for consideration and advice 38.38.324 State military forces, defined 38.38.004 Statements obtained by coercion, unlawful influence, or unlawful inducement not to be received in evidence 38.38.312 Statute of limitations on offenses 38.38.396 Superior commissioned officer, defined 38.38.004 Surrender, subordinate compelling commanding officer 38.38.720 Territorial application 38.38.020 Trial counsel duties 38.38.376 not to act as staff judge advocate to reviewing authority in same case 38.38.024 Uniformity of interpretation 38.38.884 Unlawful detention of another 38.38.708 Vessel, improper hazarding of 38.38.756 Violations, See MILITARY JUSTICE CODE, subtitle Punitive articles Witnesses compelling attendance 38.38.408 not to act as judge advocate upon same case 38.38.024 opportunity for defense counsel, trial counsel, and court to obtain 38.38.408 refusing to appear or testify, penalty 38.38.412 MILITIA AND MILITARY AFFAIRS (See also VETERANS) Accounts adjutant general to keep 38.12.020 military department active state service account 38.40.220 capital account 38.40.200 rental and lease account 38.40.210 Actions against officers and enlisted persons 38.40.010 Adjutant general accounts kept by 38.12.020 appointment of 38.12.010 assistant adjutant generals 38.12.015 bond 38.12.010 commissions of officers, attested by 38.12.020 divisions of department 38.12.015 executive head of militia 38.08.020 expenses, auditing and payment of 38.12.010 officer promotion board, rules for, promulgation 38.12.135 powers and duties enumerated 38.12.020 property of military under control of, disposal, loans of 38.12.020 publication of military laws 38.12.020 real property, managed by, leases, easements over 38.12.020 records kept by 38.12.020 removal 38.12.010 salary 38.12.030 seal of 38.12.020 vacancy in office of, how filled 38.12.030 Armed forces shipboard population determination, revenue allocation 43.62.030 Armories cities and towns, acquisition of sites 36.64.050 counties, acquisition of sites 36.64.050 disposition of, power of governor to make rules and regulations concerning 38.08.090 recreational use of 38.20.010 rental of 38.20.040 charges 38.20.010 rifle clubs, use of 38.20.010 sites city acquisition of sites for armory, bond issues, sale or lease of 38.20.020 county authorized to acquire sites for armory 38.20.030 transient lodging 38.20.010 use of 38.20.010 veterans organization use of 38.20.010 Attorney general to defend actions against officers and enlisted persons 38.40.010 Audit and payment of claims and compensation 38.24.010, 38.24.020 Authorized military organizations 38.40.120 Award for death or injury 38.40.030 Calling out organized militia for service causes and occasions 38.08.040 decision of governor final 38.08.060 desertion for failure to obey call 38.32.080 physician making false certificate, penalty 38.32.090 preservation of order 38.08.040 release from United States service, reverting to former status 38.08.010 subject to call for United States service 38.08.010 Calling out unorganized militia for service (2008 Ed.) MILITIA AND MILITARY AFFAIRS causes and occasions 38.08.050 preservation of order 38.08.050 Civil affairs unit of state guard 38.16.050 Civil defense, See EMERGENCY SERVICES, DEPARTMENT OF Civil power, subordinate to Const. Art. 1 § 18 Commander-in-chief governor as 38.08.020, Const. Art. 3 § 8 Commanding officer authority of 38.32.120 Commissioned officers, See MILITIA AND MILITARY AFFAIRS, subtitle Officers Committee for support of the guard and reserve, civil affairs unit 38.16.050 Compacts with other states for guarding boundaries 38.08.100 Compensation for death or injury 38.40.030 Composition and members of 38.04.030, Const. Art. 10 § 2 organized militia 38.04.040 Confinement, authorized instead of fine 38.32.140 Conformity of organized militia to federal laws and regulations 38.08.010 Corporations, organization for social purposes 38.40.130 Counties officers exemption from militia duty 38.44.030 property transfer to state or United States 36.34.250, 36.34.260 Courts martial sentences, confinement 38.32.140 witnesses, fees and mileage 38.36.120 Crimes auction sales, prohibition of, disobedience of order 38.32.120 buying or receiving military property 38.32.100 discharge from employment 38.40.050 discrimination by clubs, associations, employers, or business organizations 38.40.110 disobedience of orders of commanding officer 38.32.120 enrolling officers, dereliction of duty or false certificate 38.44.040 gambling, prohibition of, disobedience of order 38.32.120 interference with employment 38.40.040 interfering with drill, encampment or other duty 38.32.120 intoxicating liquor, prohibition of sale, disobedience of order 38.32.120 penalty, generally 38.32.140 physician making false certificate 38.32.090 sentences, confinement 38.32.140 taking military property from armory 38.32.120 trespass on military grounds 38.32.120 unauthorized military organizations 38.40.120 Crimes, See also MILITARY JUSTICE CODE, subtitle Punitive articles Criminal offense by members on duty status civil authorities, release of offender to 38.32.010, 38.32.020 Death or injury to officers or enlisted personnel, compensation and award 38.40.030 Definitions 38.04.010 Desertion defined 38.32.080 failure to obey call 38.32.080 physician making false certificate 38.32.090 Discharge, member failing to apply for 38.32.070 Discharge from employment, penalty 38.40.050 Discipline, legislature to prescribe Const. Art. 10 §2 Discrimination by clubs, associations, employers, or business organizations prohibited, penalty 38.40.110 Draft, See MILITIA AND MILITARY AFFAIRS, subtitle Enrollment (2008 Ed.) Drivers’ licenses of persons serving in armed forces 46.20.027 Duty notices 38.40.100 Elections, not to interfere with Const. Art. 1 § 19 Elective officials leave of absence for active service or training 73.16.041 Emergency management administration of comprehensive program Ch. 38.52 Emergency management assistance compact Ch. 38.10 Eminent domain for military purposes 8.04.170, 8.04.180 Eminent domain proceedings involving military lands 8.28.030 Employment discharge from employment, penalty 38.40.050 family leave act Ch. 49.77 interference with prohibited, penalty 38.40.040 military leaves for public employees 38.40.060 reemployment rights 38.24.060 Enlisted person, defined 38.04.020 Enlistments discharge from 38.16.020 Enrollment authority and occasions for 38.44.010 enrolling officers 38.44.010 compensation of 38.44.050 dereliction of duty or false certificate, penalties 38.44.040 examination of public records in aid of, authority 38.44.060 exemptions 38.44.030 notice of 38.44.020 return of service 38.44.020 Exemptions from civil arrest 38.32.030, Const. Art. 10 § 5 Exemptions from enrollment claim of 38.44.030 county officers 38.44.030 fire fighters 38.44.030 policemen 38.44.030 state officers 38.44.030 United States officers 38.44.030 Family leave definitions 49.77.020 entitlement 49.77.030 purpose 49.77.010 Federal conformity required 38.08.010 Federal employees, state liability 38.40.025 Governor commander-in-chief 38.08.020, Const. Art. 3 §8 compacts with other states for guarding boundaries 38.08.100 martial law, proclamation by, when 38.08.030 personal staff 38.08.070 rules promulgated by 38.08.090 state of emergency, authority of governor to call in state militia 43.06.270 strength, composition, training, etc., prescribed by 38.04.040 Habeas corpus writs suspended during martial law 38.08.030 Higher education tuition waivers 28B.15.621 Injury or death of member, compensation 38.40.030 Interference with employment, penalty 38.40.040 Intoxicating liquor abatement of places of sale as nuisance 38.32.120 armory vicinity, license for sale of prohibited without permission of adjutant general 38.32.120 prohibition of sale of 38.32.120 Joint committee on veterans’ and military affairs 73.04.150 Judges leave of absence for active service or training 73.16.041 Judges’ retirement plan, consideration of military service 2.12.010 Judiciary, membership in national guard or air national guard authorized 38.12.030 Land use development incompatible with installations city and county comprehensive plans 36.70A.530 Leaves of absence elective officials 73.16.041 judges 73.16.041 public employees 38.40.060 Liability of commanding officer for acts done in line of duty 38.40.020 Liability of officer or enlisted person for acts done in line of duty 38.40.010 Liability of state for federal activities 38.40.025 License plates veterans’ and military personnel remembrance emblems 46.16.319 Livestock running at large on United States military reservations 16.04.080 Martial law habeas corpus writs suspended during 38.08.030 proclamation by governor, when 38.08.030 Military, educational and career opportunities college student access 28B.10.360 common school student access to 28A.230.180 Military department emergency management program, powers and duties Ch. 38.52 Military impacted area, governor authorized to declare 43.06.115 Military justice code, See MILITARY JUSTICE CODE Military subordinate to civil power Const. Art. 1 § 18 Militia classes, organized, unorganized 38.04.030 composition 38.04.030 members of national guard included in 38.04.030 National defense facilities act, acceptance 38.48.050 National guard conditional scholarship program Ch. 28B.103 day 1.16.050 enlistments period of 38.16.010 higher education tuition waivers 28B.15.621 inactive guard 38.16.030 mutual assistance counter-drug activities compact 38.08.500 public employment health plans 73.16.053 offset of military pay 73.16.080 pension benefits 73.16.055 right, prohibited actions 73.16.032 rental of property 38.20.040 youth challenge program 28A.150.310, 28A.300.165 Notice for duty 38.40.100 Offenses, See MILITIA AND MILITARY AFFAIRS, subtitle Crimes Officer promotion board appointments and promotions, made by, exceptions 38.12.095 composition 38.12.125 official acts, requirements 38.12.135 powers and duties, meetings 38.12.115 rules, promulgation 38.12.135 Officers appointment and commissioning of 38.12.060, Const. Art. 10 § 2 appointment and promotion of criteria and guidelines for promotions 38.12.105 by officer promotion board, exceptions 38.12.095 [RCW Index—page 475] MILK bonds 38.12.010 civil or criminal liability 38.40.010, 38.40.020 defined 38.04.020 eligibility requirements 38.12.060 eligible to legislature, when Const. Art. 2 § 14 examinations 38.12.070 national guard, inactive, transfer to 38.16.030 oath 38.12.150, 38.12.160 pay of 38.24.050 retirement 38.12.180 review of retention potential 38.12.170 tenure 38.12.060 termination, grounds 38.12.170 travel expenses 38.24.050 uniform allowances 38.12.200 Organization and discipline Const. Art. 10 § 2 Organized militia composition 38.04.040 Pay and allowances extra duty allowances for enlisted personnel 38.24.050 travel expenses of officers 38.24.050 Payment and audit of claims and compensation 38.24.010, 38.24.020 Personal property buying or receiving military property, penalty 38.32.100 disposal of 38.12.020 loan of 38.12.020 rental of 38.20.040 surplus 38.12.020 Persons liable to military duty, exemptions Const. Art. 10 § 1 Physician making false certificate, penalty 38.32.090 Property is public property 38.40.150 Public arms, protection and safekeeping to be provided Const. Art. 10 § 4 Public employees leave of absence for active service or training 38.40.060 Public employees, military leaves for 38.40.060 Publication of military laws 38.12.020 Purple heart recipient recognition day 1.16.050 Quartering soldiers in residence Const. Art. 1 § 31 Real property adjutant general’s powers 38.12.020 easements over, adjutant general’s powers 38.12.020 lease of, adjutant general’s powers 38.12.020 rental of 38.20.040 Records maintained by adjutant general 38.12.020 Request for discharge from commanding officer 38.32.070 Reserves public employment health plans 73.16.053 offset of military pay 73.16.080 pension benefits 73.16.055 right, prohibited actions 73.16.032 state guard reserve 38.16.040 Right to bear arms Const. Art. 1 § 24 Salaries of adjutant general and assistant adjutants general 38.12.030 Service members’ civil relief applicability of chapter 38.42.020 business loan interest rate 38.42.110 codefendants 38.40.080, 38.42.080 definitions 38.42.010 fines and penalties under contracts 38.40.070, 38.42.070 inappropriate use of chapter 38.40.100, 38.42.100 protection against default judgments 38.42.050 protection of persons secondarily liable 38.42.030 statute of limitations 38.42.090 statutes of limitation, computation of 38.40.090 stay of proceedings 38.42.060 [RCW Index—page 476] stay of proceedings when member has notice 38.40.060 waiver of rights pursuant to written agreement 38.42.040 Small arms ranges acquisition and equipping of 38.20.050 rental of 38.20.040 use of 38.20.050 Soldiers’ home, members entitled to admission, when Const. Art. 10 § 3 Special permits for oversize and overweight movements by 46.44.090, 46.44.091, 46.44.092 Standing army in time of peace prohibited Const. Art. 1 § 31 State guard availability 38.14.006 composition 38.14.006 enlistments period of 38.16.015 equipment and supplies 38.14.024 federal military service 38.14.012 officers qualifications for appointment 38.14.036 pay 38.14.018 training 38.14.030 State militia Const. Art. 10 State of emergency, authority of governor to call during 43.06.270 Suits against officers and enlisted person 38.40.010 Tolling of statute of limitations against members of 4.16.220 Unauthorized military organizations, penalty 38.40.120 Vehicle operator’s license, militia exempt from obtaining 46.20.025 Venue of actions against officer or enlisted person 38.40.010 Washington air national guard division of adjutant general’s department 38.12.015 members of judiciary may serve 38.12.030 salary of assistant adjutant general for 38.12.030 vacancy in office of head of 38.12.030 Washington army national guard division of adjutant general’s department 38.12.015 members of judiciary may serve 38.12.030 salary of assistant adjutant general for 38.12.030 vacancy in office of head of 38.12.015 MILK (See DAIRIES AND DAIRY PRODUCTS) MILLS Metals mining and milling operations, See MINES AND MINING Safeguards to be employed, See LABOR, subtitle Safeguards Uranium and thorium mill tailings bonds exemptions 70.121.130 forfeiture, use of funds 70.121.120 performance security 70.121.100 requirements for 70.121.110 collection by attorney general of amounts owed state 70.121.150 construction of law 70.121.900 definitions 70.121.020 facilities operations and decommissioning operator’s responsibilities 70.121.040 secretary, monitoring 70.121.040 legislative findings 70.121.010 license conditions 70.121.030 duration 70.121.030 fees 70.121.030 lien created for amounts owed state 70.121.140, 70.121.150 on-site inspections and monitoring 70.121.090 perpetual care charges for, limitation 70.121.050 land acquisition 70.121.060 site and materials ownership 70.121.070 site transfers, payment for 70.121.080 short title 70.121.905 MILWAUKEE ROAD Cross-state trail 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130 MILWAUKEE ROAD CORRIDOR (See also PUBLIC LANDS) Generally Ch. 79.73 MINERAL LANDS LEASING ACT Geothermal energy, allocation of federal act revenues Ch. 43.140 MINERALS County lands leases on Ch. 78.16 County property sales, reservations 36.34.010 Incorporated towns on United States land, rights of claimants 58.28.130 Leases, state land mineral, coal, oil, and gas leases Ch. 79.14 Metals mining and milling operations Ch. 78.56 Surface mining, regulation and reclamation Ch. 78.44 Uranium, thorium milling, licensing, perpetual care, See MILLS, subtitle Uranium and thorium MINES AND MINING Abandonment 78.08.090 Air pollution metals mining and milling operations 70.94.620 Claims statement of claim filing 78.22.040 recording 78.22.070 Claims, See also MINES AND MINING, subtitle Mining claims Coal mining, See COAL MINING Complaints 78.12.020 Construction projects in state waters hydraulic projects and permits Ch. 77.55 Corporations eminent domain manner of exercising 78.04.020 right of 78.04.010 right of entry 78.04.015 stock subscriptions, necessity of 78.04.030 stockholders, entering and examining property penalty for refusal 78.04.050 right 78.04.040 County lands leases on authorized 78.16.010 conveyances of, damages to owner 78.16.070 option to purchase conveyance 78.16.030 surrender lands 78.16.040 order for contents 78.16.020 royalties and rentals, disposition of 78.16.050 surface rights, restrictions 78.16.060 Eminent domain corporations 78.04.010, 78.04.020 Employees, protection of, laws to be passed Const. Art. 2 § 35 Excavations, fencing complaint 78.12.020 notice 78.12.030, 78.12.040 requirement 78.12.010 suits, fines and forfeitures disposition 78.12.050 (2008 Ed.) MINES AND MINING Extinguishment of unused mineral rights acts constituting use 78.22.030 authority 78.22.010 dormant mineral interest index record statement of claim 78.22.070 exemptions 78.22.080 mineral interest defined 78.22.020 presumption 78.22.060 procedure 78.22.050 statement of claim filing 78.22.040 statement of claims recording 78.22.070 waiver prohibited 78.22.090 Fraud altering samples of ore or assay certificate, penalty 9.45.210 false samples of ore or assay, penalty 9.45.220 Geochemical surveys, defined 78.06.010 Geological survey defined 78.06.010 determine mining resources 43.92.020 discovery shaft, equivalence to 78.08.070 report of 78.08.072 Geophysical surveys, defined 78.06.010 Heap leach extraction process, moratorium on use and joint review 78.56.160 Hydraulic projects and permits Ch. 77.55 Incorporated towns on United States land, rights of claimants 58.28.130 Industrial insurance, See INDUSTRIAL INSURANCE Leases, county lands, See MINES AND MINING, subtitle County lands, leases Leases, state land mineral, coal, oil, and gas leases Ch. 79.14 Lodes defined 78.08.075 Lodes, See also MINES AND MINING, subtitle Mining claims Measurement, crimes false or inaccurate measure 9.45.124 inducing false measure 9.45.126 Metals mining and milling operations air pollution, permits and inspections 70.94.620 applicability of statutes 78.56.030 citizen action suits 78.56.140 citizen observation and verification in taking of water samples 78.56.100 dam safety inspections 90.03.350 definitions 78.56.020 disclosures required with applications, availability of information 78.56.040 ecology and natural resources, departments’ powers and duties Ch. 78.56 environmental impact statements 43.21C.039 environmental review and environmental impact statement, requirements 78.56.050 fees 78.56.080 hazardous waste management, permits and inspections 70.105.300 heap leach extraction process, moratorium on use and joint review 78.56.160 impact analysis, contents 78.56.130 inspectors, cross-training and coordination by responsible agencies 78.56.070 liability under performance security 78.56.110 metals mining account 78.56.080 metals mining coordinator, appointment and duties 78.56.060 milling facilities not adjacent to mining operation, application of requirements 78.56.150 mitigation measures 78.56.050 natural resources and ecology departments’ powers and duties Ch. 78.56 performance security, requirements 78.56.110 permits requirements 78.56.050 pollution control standards 78.56.100 quarterly inspections 78.56.070 reclamation (2008 Ed.) compliance inspection 78.44.161 remediation or mitigation by department of ecology 78.56.120 in situ extraction process, use prohibited 78.56.160 tailings facilities siting 78.56.090 waste discharge permits, criteria for issuance 78.56.090, 78.56.100 voluntary reduction plan 78.56.100 waste rock management plan, requirements 78.56.100 water pollution control Ch. 90.48 water sampling 78.56.100 Mine rescue or recovery work, immunity from liability 38.52.198 Mine rescue plan, duties regarding development of comprehensive state plan 38.52.037 Mining claims abandoned claims, relocating 78.08.090 assessment work affidavit of work performed or fees paid 78.08.081 evidence 78.08.082 definitions for 78.06.010 diligently search, defined 78.08.060 discovery shaft activities in lieu of 78.08.070 requisites 78.08.060 surveys equivalent to 78.08.070 fraud altering samples of ore or assay certificate 9.45.210 false samples of ore or assay 9.45.220 geological, etc., surveys expenditures necessary to hold claim 78.08.072 reports filed with county auditor 78.08.072 time limit for holding claim 78.08.072 locating claim, requisites 78.08.060 location 1887 act 78.08.005, 78.08.020, 78.08.030, 78.08.040 1889 and later acts, generally Ch. 78.08 certificate amending 78.08.075 placer claims 78.08.100 generally Ch. 78.08 notices, contents, recording 78.08.050 marking surface 78.08.060 possession rights during search 78.08.060 posting claims 78.08.060 recording county auditor 78.08.040 staking, requisites 78.08.060 Placer claims certificate of location as proof 78.08.110 location procedure 78.08.100 Public lands, See PUBLIC LANDS Public lands—aquatic lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Right of entry corporations 78.04.015, 78.04.040, 78.04.050 Sabotage, interference with mining constitutes, penalty 9.05.060 Shafts abandoned, procedure to safeguard 78.12.060 damage actions for injuries sustained preserved 78.12.070 discovery 78.08.060, 78.08.070, 78.08.072 fencing complaint 78.12.020 notice 78.12.030, 78.12.040 requirement 78.12.010 suits, fines and forfeitures disposition 78.12.050 safety cage penalty 78.12.061 regulations 78.12.061 In situ extraction process, use prohibited 78.56.160 Statement of claim filing 78.22.040 recording 78.22.070 Surface mining abandonment cancellation of reclamation permit 78.44.230 performance security, order to submit 78.44.240 reclamation by department of natural resources, cost recovery 78.44.240 reclamation responsibility 78.44.220 subsequent mining operation 78.44.220 administration 78.44.040 appeals 78.44.270 cities and towns enforcement authority delegated to 78.44.050 coal federal preemption 78.44.055 consulting service to assist with mine regulation, operations, and reclamation 78.44.310 cooperation with other agencies 78.44.070 counties enforcement authority delegated to 78.44.050 deficiencies emergency notice and order to rectify 78.44.200 emergency suspension of operations 78.44.200 immediate danger to public, procedures 78.44.200 order to rectify 78.44.190 suspension of operations 78.44.210 time period for correction, extension 78.44.190 definitions 78.44.031 excellence in reclamation or reclamation research, recognition awards 78.44.300 failure to complete reclamation performance security, order to submit 78.44.240 reclamation by department of natural resources, cost recovery 78.44.240 funds, receipt and expenditure 78.44.070 legislative finding 78.44.010 legislative intent 78.44.011 mineral trespass 78.44.320, 78.44.330, 78.44.340 natural resources, department of authority 78.44.060 notice of correction 78.44.370 other laws not altered or preempted 78.44.050 performance security 78.44.350, 78.44.360 previously mined land, reclamation responsibility 78.44.910 purposes 78.44.020 reclamation permits abandonment of mine, cancellation of permit 78.44.230 annual report of completed activities 78.44.181 appeals from department determination 78.44.085 applications 78.44.081 compliance inspection of disturbed area 78.44.161 fees, exceptions 78.44.085 operating without permit 78.44.260 performance security, requirements 78.44.087 refusal to issue 78.44.083 requirements 78.44.081 transfer to subsequent permit holder 78.44.171 reclamation plans approval process 78.44.091 joint plans, when necessary 78.44.101 modification, review 78.44.151 [RCW Index—page 477] MINIMUM WAGES segmental reclamation agreements 78.44.111 reclamation setbacks, exemption 78.44.121 reclamation standards cancellation of permit 78.44.390 minimum 78.44.141 specifics 78.44.131 waiver 78.44.141 recognition awards for excellence in reclamation or reclamation research 78.44.300 regulation and reclamation no-cost consulting service to assist with information regarding 78.44.310 responsibility for reclamation of previously mined land 78.44.910 rule-making authority 78.44.040 stop work orders 78.44.380 surface disturbances caused by underground mining, responsibility 78.44.280 surface mining reclamation account 78.44.045 violations civil penalties 78.44.250 criminal penalty 78.44.260 damage recovery costs 78.44.250 Survey reports definitions 78.06.020 filing with county auditor 78.06.020 forwarding to department of natural resources 78.06.030 Taxation, yield tax or ad valorem tax authorized Const. Art. 7 § 1 Underground work surface disturbances caused by underground mining, responsibility 78.44.280 Underground work, See also LABOR, subtitle Underground work Unused mineral rights, extinguishment of acts constituting use 78.22.030 authority 78.22.010 dormant mineral interest index record statement of claim 78.22.070 exemptions 78.22.080 mineral interest defined 78.22.020 presumption 78.22.060 procedure 78.22.050 statement of claim filing 78.22.040, 78.22.070 waiver prohibited 78.22.090 Use of water for deemed public use Const. Art. 21 § 1 Water appropriation for industrial purposes Ch. 90.16 MINIMUM WAGES Agricultural or horticultural workers 49.46.010 Apprentices 49.46.060 Collective bargaining 49.46.110 Contractors, public works, nonpayment or underpayment of 39.12.050 lien against 60.28.040 Definitions 49.46.010 Disabled persons 49.46.060 Employer’s records contents 49.46.070 duty to keep 49.46.040 inspection 49.46.070 penalty for not keeping 49.46.100 Exceptions for 49.46.060 Exemptions from, generally 49.46.010 Federal agencies, services of 49.46.040 Forest workers 49.46.010 Generally Ch. 49.46 Hospital employees 49.46.010 Hourly wages, amount 49.46.020 Industrial homework, regulation of 49.46.040 Investigation by department of labor and industries 49.46.040 Judicial review 49.46.080 Learners 49.46.060 Minimum standards established 49.46.120 Newspaper carriers or vendors 49.46.010 [RCW Index—page 478] Notice to employers of legal requirements 49.46.140 Nursing home employees 49.46.010 Overtime compensation, exceptions 49.46.130 Payment of less than law requires criminal penalty 49.46.100 employer’s liability 49.46.090 Policy declaration 49.46.005 Prohibited acts of employer, generally 49.46.100 Public buildings, service maintenance 39.12.020 Public officers and employees 49.46.010 Public works nonpayment or underpayment of 39.12.050 lien against 60.28.040 statement of intent to pay content 39.12.040 posting requirement 39.12.020 Public works contract to stipulate minimum hourly rate 39.12.030 Regulations 49.46.080 Salesmen 49.46.010 Violations of law 49.46.100 Vocationally handicapped, director of labor and industries to provide for employment of, exempt from prevailing wage rate 39.12.022 Volunteer labor to state or local governmental agency, nominal compensation not deemed salary 49.46.065 Wage claims, assignment of 49.46.090 MINISTERS (See CLERGY) MINI-STORAGE (See SELF-SERVICE STORAGE FACILITIES) MINORITY AND WOMEN’S BUSINESS ENTERPRISES (See also PUBLIC WORKS, subtitle Minority and women’s business enterprises, office of) Development loan fund committee joint loan guarantee program 43.168.150 Linked deposit program 43.86A.060, 43.86A.070, 43.86A.080 allocation of funds from time certificate of deposit program 43.86A.030 information, compilation of 39.19.240 repeal 43.131.382 technical assistance 43.63A.690 Minority and women business development office 43.31.0925 Minority business export outreach program 43.210.130 MINORS (See also CHILDREN) Action against minor defendant, appointment of guardian in defense of 12.04.150 Action against parent for injury to person or property by minor, limitation 4.24.190 Action by minor plaintiff, appointment of guardian to act for minor 12.04.140 Action by minor plaintiff to be commenced by guardian, exceptions 12.04.140 Actions for seduction of daughter or ward 4.24.020 Adverse possession 7.28.090 Age employment 26.28.060 legal criminal responsibility, determination 9A.04.050 majority Ch. 26.28 for enumerated purposes 26.28.015 Alcohol violations arrest without warrant 10.31.100 Alcoholic beverages application for permit prohibited 66.44.280 delivery of beer and wine purchased off premises, limitation 66.44.340 eighteen years and older, certain persons permitted on licensed premises 66.44.316, 66.44.350 employees eighteen to twenty-one, handling of beer and wine on nonretail premises 66.44.318 exhibition of effects of consuming liquor 66.44.270 frequenting off-limits areas 66.44.310 furnishing liquor to minors unlawful, exceptions 66.44.270 identification, supply of facsimile identification unlawful 66.44.328 identification, transfer to a minor unlawful 66.44.325 identification of, See ALCOHOLIC BEVERAGES, subtitle Identification cards misrepresentation of age 66.44.300, 66.44.310 possession or use of liquor unlawful, exceptions 66.44.270 purchase or attempt to purchase liquor unlawful, penalty 66.44.290, 66.44.292 sale by minors between the ages of eighteen and twenty-one years, limitation 66.44.340 treats, gifts, or purchases of liquor for minors in public places 66.44.300 Alcoholism and drug addiction treatment Ch. 70.96A Apprentices, See APPRENTICES Bank account deposits payments to 30.22.150 right to enter into contract 30.22.070 Baseball contracts, See ATHLETICS AND SPORTS Begging, employing child for 26.28.070 Berry harvesting by workers under twelve years of age 15.04.150, 15.04.160 Chemical dependency treatment Ch. 70.96A Child custody multistate proceedings Ch. 26.27 Child custody jurisdiction act Ch. 26.27 Commitment complaints, court commissioners’ power to hear and determine 2.24.040 Confession of judgment by, who may confess for 4.60.020 Contracts disaffirmance 26.28.040 personal services of minor 26.28.050 validity and effect 26.28.030 Crimes, age of legal responsibility 9A.04.050 Crimes relating to buying, selling 9A.64.030 employment immoral or dangerous employment 26.28.070 minimum ages, exceptions 26.28.060 unlawful conditions 49.12.170 inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 leaving children in parked automobile to enter tavern, penalty 9.91.060 misrepresenting of age for purposes of securing erotic material, penalty 9.68.080 school property, defacing or otherwise injuring, penalty, parent’s or guardian’s liability 28A.635.060 Death of, parents action for 4.24.010 Delinquent or dependent, See JUVENILE COURT Desertion and nonsupport, See DESERTION AND NONSUPPORT District judges guardian ad litem, appointment for minor defendant 12.04.150 Driver under twenty-one consuming alcohol, penalties 46.61.503 Driving privileges, revocation and reinstatement, alcohol or drug violations 46.20.265, 66.44.365 Driving under the influence driver under age twenty-one mandatory appearances 46.61.50571 Drugs distribution of controlled substances to person under age eighteen, penalty 69.50.406 (2008 Ed.) MINORS sale or transfer of controlled substance to minor 69.50.414 Earnings parents’ rights 26.16.125 separate property of custodial parent 26.16.140 Education compulsory attendance law, duty of person having custody to cause minor to attend school, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance joint liability of parents 26.16.205 stepchildren, liability after divorce 26.16.205 student educational loan contracts Ch. 26.30 Emancipation decree of emancipation, notation of status 13.64.050 eligibility to petition 13.64.010 forms for petition 13.64.080 hearing on petition 13.64.040 petition, contents and filing fee 13.64.020 power and capacity of emancipated minors 13.64.060 service of petition and notice of hearing 13.64.030 study authorized 74.14A.050 voiding of fraudulent declaration 13.64.070 Emergency management workers, entitled to compensation benefits 38.52.270 Eminent domain proceedings guardian ad litem, appointment 8.25.270 Employment begging 26.28.070 dangerous employment 26.28.070 immoral employment 26.28.070 minimum ages, exceptions 26.28.060 prostitution houses 26.28.070 Employment of actors or performers, permits and variances 49.12.124 child labor laws, violations appeals to director 49.12.400 civil penalties and restraining orders 49.12.390 criminal penalties 49.12.410 remedies in chapter are exclusive 49.12.420 compulsory school attendance law, employment without permit prohibited 28A.225.080 generally Ch. 49.12 Erotic material misrepresentation of age for purposes of securing, penalty 9.68.080 showing or distribution to, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080 Escheated property, limitation of action for filing claim for tolled during disability 11.08.280 Executor, appointment as, procedure 11.28.040 Executor or administrator, disqualified to act as 11.36.010 Family abandonment and nonsupport Ch. 26.20 Felony convictions, placement 72.01.410 Firearms delivery to prohibited 9.41.080 pistols, possession by person between eighteen and twenty-one 9.41.240 Fourteen years or under, guardian or limited guardian as witness 5.60.030 Guardian ad litem appointment for civil action 4.08.050 eminent domain proceedings 8.25.270 Guardianship courts, jurisdiction over minors until reach majority 11.92.010 Guardianship, See also GUARDIAN AND WARD Habeas corpus, granting of writ to guardian or limited guardian 7.36.020 House to house sales by definitions 49.12.320 employment advertisements, requirements and prohibitions 49.12.310 (2008 Ed.) registration of employers 49.12.300 rule-making authority 49.12.330 Hunting, juvenile hunter education program 77.32.155 Identification of, See ALCOHOLIC BEVERAGES, subtitle Identification cards Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Minors Inhaling toxic fumes definitions 9.47A.010 exception 9.47A.020 penalty 9.47A.050 possession for unlawful purpose, prohibited 9.47A.030 sale to, prohibited 9.47A.040 unlawful behavior 9.47A.020 Inheritance by or from 11.04.081 Injury to, parent action for death or injury to children 4.24.010 Insurance effectuation of insurance upon, insurable interest 48.18.060 power to contract for or with respect to insurance 48.18.020 Jail confinement, segregation from adult offenders 72.01.415 Judgments against errors in, ground for vacation or modification of superior court judgment or order 4.72.010 vacation or modification of superior court judgments or orders against grounds 4.72.010 limitation of action exception 4.72.030 petition, by 4.72.030 Juvenile justice act Ch. 13.40 Labor, See MINORS, subtitle Employment of Labor regulations, generally Ch. 49.12 Leaving children unattended in parked automobile to enter tavern, penalty 9.91.060 Legal disability to sue, sale of estate by guardian, limitation of actions on 4.16.070 Limited guardianship courts, jurisdiction over minors until reach majority 11.92.010 Lottery tickets or shares sales to as misdemeanor 67.70.120 Marriage 26.28.020 Mental health services Ch. 71.24, Ch. 71.34, Ch. 71.36 Minimum wage 49.12.121 information program, department of labor and industries duties 49.12.380 Motor vehicle driver’s license, See MINORS, subtitle Vehicle driver’s license Motor vehicle financial responsibility law, release by injured minor executed by guardian, effect 46.29.120 Motor vehicles ownership prohibited 46.12.250 unlawful to convey, sell or transfer to minor under age of eighteen, exception 46.12.260 Name, action for change of 4.24.130 Parents action for death or injury of child 4.24.010 Partition proceedings compensation for unequal partition 7.52.440 consent to partition by guardian or limited guardian 7.52.470 interest of guardian prohibited 7.52.360 payment to guardian on sale of interest 7.52.450 terms of sale to be directed by court 7.52.280 Penalty for unlawful ownership or transfer of motor vehicle 46.12.270 Personal representative, disqualified to act as in probate 11.36.010 Pornography, See SEX OFFENSES Privileged communications 5.60.060 Probate final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 Property, authorization of sale or mortgage by special legislation prohibited Const. Art. 2 § 28 Prostitution houses, employment 26.28.070 Registration of land titles, appointment of guardian ad litem 65.12.145 Sale or mortgage of property not to be authorized by special act Const. Art. 2 § 28 Savings and loan associations member of 33.20.040 minors’ accounts 33.20.040 School grounds, removal from during school hours 28A.605.010 School lunchrooms, nonprofit meal program therein for certain children 28A.623.030 Seduction of child or ward, action for 4.24.020 Service of summons on, personal service 4.28.080 Sexual exploitation, See SEX OFFENSES Sexually transmitted disease, treatment, parental consent not required 70.24.110 Stepchildren, escheat avoided by inheritance by 11.04.095 Students, educational loan contracts Ch. 26.30 Substitution of child to deceive, penalty 9.45.020 Support joint liability of parents 26.16.205 stepchildren, liability after divorce 26.16.205 Tattoos application to minors a misdemeanor 26.28.085 Tobacco, restrictions on minors’ access to, See TOBACCO, subtitle Minors’ access, restrictions Tolling of statute of limitations of actions 4.16.190 coexistent disabilities 4.16.260 when disability must exist 4.16.250 Tort claims against state, filing 4.92.100 Traffic violation records, department to provide to parents and guardians 46.20.293 Transfers to applicability of uniform act 11.114.210 custodial property creation and transfer 11.114.090 initial custodian, designation 11.114.090 receipt 11.114.080 standard of care 11.114.120 use 11.114.140 custodian accounting and determination of liability of 11.114.190 compensation for expenses 11.114.150 powers 11.114.130 renunciation, resignation, death, or removal of 11.114.180 termination of custodianship 11.114.200 custodian, designation 11.114.030 definitions 11.114.010 existing custodianships, effect 11.114.220 liability, exemption of third person 11.114.160 liability to third persons 11.114.170 scope and jurisdiction of uniform act 11.114.020 single custodianship, requirement 11.114.100 transfer authorized by will or trust 11.114.050 transfer by fiduciary in absence of will or trust 11.114.060 transfer by gift or exercise of power 11.114.040 transfer by obligor 11.114.070 validity and effect of transfer 11.114.110 Trust company or bank may act as personal representative of estate of 11.36.010 guardian of estate of 11.36.010 Vaccination of in first class school districts prohibited if against will of parent or guardian 28A.330.100 Vehicle driver’s license [RCW Index—page 479] MINUTES agricultural driving permits 46.20.070 application, requirements 46.20.100 intermediate license 46.20.075, 46.20.267 Videos and video games minors’ access to violent videos and games, library policy formulation 19.188.030 Wills capacity to make 11.12.010 Witnesses guardian or limited guardian as if ward under fourteen years 5.60.030 MINUTES Exceptions entered in 4.80.030 Hearing, of, entries exceptions entered in minutes 4.80.040 objection to admission of evidence 4.80.030 offer of evidence 4.80.030 ruling on objection to admission of evidence 4.80.030 Judge’s conclusions of law by parties entered in, when 4.44.070 findings of fact by parties entered in, when 4.44.070 Trial, of entries objection to admission of evidence 4.80.030 offer of evidence 4.80.030 ruling on objection to admission of evidence 4.80.030 exceptions entered in minutes 4.80.040 MISAPPLICATION OF FUNDS (See also EMBEZZLEMENT) Public funds, limitation of action for 4.16.080 MISCONDUCT (See MALFEASANCE AND MISCONDUCT) MISDEMEANORS (See also COMPROMISE OF MISDEMEANORS; CRIMES) Bail jumping 9A.76.170 Criminal assistance, rendering of second degree, when 9A.76.080 third degree 9A.76.090 Criminal attempt 9A.28.020 Criminal conspiracy 9A.28.040 Criminal trespass second degree 9A.52.080 Deferred prosecution program Ch. 10.05 Defined 9A.20.010 Disorderly conduct 9A.84.030 Failing to summon assistance 9A.36.161 Health care facilities or providers, interference with 9A.50.030 Impeachment for Const. Art. 5 § 2 Introducing contraband third degree 9A.76.160 Jurisdiction over, superior court Const. Art. 4 § 6 superior courts 2.08.010 Malicious mischief, third degree, when 9A.48.090 Monitoring of persons charged or convicted 4.24.750, 4.24.760 Probation services assessment for services 10.64.120 Prostitution sexual conduct, defined 9A.88.030 Punishment when not fixed by statute 9.92.030 Refusing to summon aid for a peace officer 9A.76.030 Resisting arrest 9A.76.040 Riot failure to disperse, disobedience of order 9A.84.020 Sentences, authorized 9A.20.020, 9A.20.021 Sexually explicit material, unlawful display of 9.68.130 State lottery ticket purchase or prize commission member or employee 67.70.180 ticket sale to minor 67.70.120 MISSING CHILDREN CLEARINGHOUSE Computerized missing person network [RCW Index—page 480] entry, retrieval, access 13.60.020 maintenance of 13.60.010 Information distribution 13.60.010 Information reported by department of social and health services 13.60.040 State patrol to establish 13.60.010 Superintendent of public instruction duties 13.60.030 Toll-free hotline 13.60.010 MISSING PERSONS Dental identification system 68.50.330 Dental records to be requested 68.50.320 Federal missing persons act, written finding of federal officer prima facie evidence 5.40.030 Investigations, procedures 68.50.320 Presumed dead, proof 5.40.030 MISTAKES Clerks, of vacation or modification of judgment or order of superior court because of grounds 4.72.010 motion, by 4.72.020 Pleadings papers, notices and proceedings, amending by court 4.32.250 MOBILE HOME PARKS Manufactured/mobile home communities— dispute resolution and registration Ch. 59.30 Mobile home or manufactured home moving or installation, permit 35.21.897, 35A.21.310, 36.01.220 Relocation assistance, See MOBILE HOMES Rent lien for creation, enforcement, and duration 60.72.010 Septic systems replacement 35.67.370 unused sewer service, city charges 35.67.370 MOBILE HOMES Assessment rolls, initial placement for property taxes 36.21.090 Certificate of ownership manufactured homes, elimination 46.12.055 Dealer and salesman, licensing, See MOTOR VEHICLES, subtitle Dealer’s, salesmen’s, or manufacturer’s licenses Electrical inspections 19.28.101 Existing older mobile homes forced relocation code compliance waiver 59.21.105 Homesteads, included in 6.13.010 Implied warranty 46.70.132 Installation generally Ch. 43.22A permits 35.21.897, 35A.21.310, 36.01.220 violations 18.27.117 warranty 46.70.134 Installation and warranty services consumer protection act, remedies 43.22.440 performance of, compensation 43.22.442 standards 43.22.440 Listing dealers transaction of business 46.70.029 Manufactured homes certificate of ownership, elimination 46.12.055 defined 46.04.302 Manufactured/mobile home communities— dispute resolution and registration account 59.30.070 database 59.30.060 definitions 59.30.020 dispute resolution program 59.30.030, 59.30.040 findings, purpose 59.30.010 immunity from suit 59.30.080 registration, fees 59.30.050 Manufactured/mobile home landlord-tenant act Ch. 59.20 Mobile home, defined 46.04.302 Mobile home or park model trailer movement special permit and decal fees 46.44.170 license plate issuance, permitted 46.44.170 notice of movement to county assessors 46.44.173 property tax payment certificate, required 46.44.170 required, state, local 46.44.170 Modular home, defined 46.04.303 Movement special permit and decal denials, hearings on 46.44.175 Office of manufactured housing—Residentowned parks and communities mobile home park purchase account 59.22.030 Office of manufactured housing—residentowned parks and communities definitions 59.22.020 legislative findings 59.22.010 loans 59.22.032, 59.22.034, 59.22.036, 59.22.038 manufactured housing account 59.22.070 office duties 59.22.050 task force 59.22.090 technical assistance 59.22.039 transfer of title, fee 59.22.080, 59.22.085 Office of mobile home affairs—Resident-owned parks mobile home park purchase account 59.22.030 Pilot vehicles insurance, mandatory coverage 46.44.180 Placement or use of home city regulations 35.21.684 Purchase financing, usury law exclusion 19.52.160 Real estate brokers and salespersons, licensing and regulation Ch. 18.85 Relocation assistance declaration of purpose 59.21.005, 59.21.006 definitions 59.21.010 eligibility, applications and disbursement of funds 59.21.021 exemptions 59.21.040 financial assistance other than mobile home park relocation fund 59.21.025 notice requirements 59.21.030 relocation fund creation, administration, applications for funds 59.21.050 rental agreement, covenants 59.21.070 transfer of title, fee 59.21.055 violations, penalty 59.21.110 waiver of tenant’s rights, attorney approval required 59.21.100 Resident purchase of park in event of sale of park notice of intent to purchase application of chapter 59.23.015 Safety requirements, See MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES, RECREATIONAL VEHICLES, AND PARK TRAILERS—SAFETY REQUIREMENTS Sales implied warranty 46.70.132 warranties, inspections, delivery, occupancy, and advertising requirements 46.70.135 Siting violations 18.27.117 Special movement decal forgery, re-use, transfer or alteration, penalty 46.44.175 requirements 46.44.170 Taxation dealer inventory exempt 84.36.510 identification 84.40.343 penalty for avoidance 84.40.344 Titling duties transfer from department of licensing to department of community, trade, and economic development 46.12.295 Transfer of ownership county assessor notified, tax payment verification 46.12.105 (2008 Ed.) MORTGAGE LENDING AND HOMEOWNERSHIP requirements, process 46.12.290 Transporting 46.44.093, 46.76.067 Warranties installation warranty 46.70.134 sale, implied warranty 46.70.132 Warranties, requirements 46.70.135 Zoning prohibitions, review 35A.63.145 MOBILE INTENSIVE CARE PARAMEDICS (See EMERGENCY MEDICAL SERVICES) MODEL TOXICS CONTROL ACT Pollution tax imposed Ch. 82.21 MODEL TRAFFIC ORDINANCE Adoption 46.90.010 Department of licensing rule-making authority 46.90.005 MODULAR HOMES (See MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES, RECREATIONAL VEHICLES, AND PARK TRAILERS—SAFETY REQUIREMENTS) MOLDS Unclaimed property in possession of molder, procedures Ch. 63.52 MOLESTATION OF CHILDREN (See CHILD MOLESTATION; SEXUAL EXPLOITATION OF CHILDREN) MONEY Actions for recovery of assessment of amount of recovery by jury 4.44.450 tender of costs, defendant to recover if tender made 4.84.110 trial of issues of fact, by whom 4.40.060 Cities and towns collection or receipt by officers 35.27.210 Corporations not to issue any money except lawful money of United States Const. Art. 12 § 11 Counties county treasurer as custodian, duties, fee 36.29.020 Deposits into court court may order when 4.44.480 Disbursement from state treasury Const. Art. 8 § 4 Garnishment, See GARNISHMENT Injunctions, collected on stay of proceedings, disposition of 7.40.140 Judgments for payment of money only satisfaction procedure 4.56.100 Judgments for payment of money only, See also UNIFORM FOREIGN MONEY— JUDGMENT RECOGNITION ACT Municipal officers to deposit with treasurer Const. Art. 11 § 15 Ne exeat, taking money from state to defraud plaintiff 7.44.010 Payment of wages, character 49.48.010, 49.48.020 State taxes payable in, only Const. Art. 7 § 6 Uniform money services act Ch. 19.230 Using public money by officer a felony Const. Art. 11 § 14 MONEY LAUNDERING Definitions 9A.83.010 Elements of crime, penalties 9A.83.020 Government officers, release from liability when engaged in lawful performance of duties 9A.83.040 Seizure and forfeiture of proceeds and property 9A.83.030 MONEY ORDERS Uniform unclaimed property act 63.29.040 MONOPOLIES Competition, agreements to lessen competition or create monopoly unlawful 19.86.050 (2008 Ed.) Fish marketing associations, deemed not to be 24.36.070 Forbidden Const. Art. 12 § 22 Forfeiture of franchise and property may be declared Const. Art. 12 § 22 Insurance, prohibited practices 48.30.020, 48.30.250 Milk pooling act not to authorize 15.35.070 Oil and gas production, unit plans 78.52.460 Penalties to be provided by law Const. Art. 12 § 22 Prices, production or transportation of commodities affected by, prohibited Const. Art. 12 § 22 Stock or assets divestiture 19.86.060 Unfair business practices monopolies declared unlawful 19.86.040 stock acquisition in other corporations to create monopoly 19.86.060 MONTANA Pacific Northwest economic region cooperative activities encouraged 43.147.030 findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 terms of agreement 43.147.010 MONUMENTS Defacing a state monument a misdemeanor 9A.48.110 Government survey corners, county roads and bridges, protection of 36.86.050 Incorporated towns on United States land 58.28.060 Platting, subdivision and dedication of land, permanent control monuments, permanent establishment 58.17.240 MOORAGE FACILITIES (See BOATS AND BOATING, subtitle Moorage facilities; MARINAS; PORT DISTRICTS) MOPEDS Defined 46.04.304 Driver’s license qualification 46.20.500 Electric personal assistive mobility device 46.04.1695, 46.61.710 Helmets required to wear 46.37.530 Motorcycles, excluded from definition of 46.04.330 Motor-driven cycle, excluded from 46.04.332 Motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 Operation requirements, limitations 46.61.710 Registration fee 46.16.630 procedure 46.16.630 Rental of helmet requirements 46.37.535 Safety standards, federal law, compliance requirement 46.61.720 State patrol defining, approval authority 46.04.304 Vehicles, definition exclusion for unfair business practices law 46.04.670 Wheelbase, minimum 46.44.050 Wheelchair conveyances in lieu licensing 46.16.640 MORAL NUISANCES (See NUISANCES, subtitle Moral nuisances) MORGUES (See CORONERS) MORTALITY TABLES Insurance commissioner, duty to obtain and publish 48.02.160 MORTGAGE BROKERS Accounting requirements 19.146.060 Annual report to director 19.146.290 Branch offices fees 19.146.265 identification 19.146.250 license display 19.146.265 Business and occupation tax third-party provider services trust accounts, exemption 82.04.392 Cease and desist orders, enforcement 19.146.227 Consumer protection act application 19.146.100 Continuing education 19.146.215 Contract, written required 19.146.040 Definitions 19.146.010 Disclosure requirements 19.146.030 Documents prepared for borrower, transmittal to other lenders 19.146.080 Duties fiduciary 19.146.095 generally 19.146.085 Exemptions from chapter 19.146.020 Fees, commissions, compensation 19.146.070 Fees and costs, written disclosure required 19.146.030 Financial institutions director, powers and duties 19.146.220, 19.146.223, 19.146.225, 19.146.235, 19.146.237 Financial interest in broker 19.146.103 Injunctions to enjoin violations 19.146.227 Investigations 19.146.235 Licenses administrative procedure act, application 19.146.230 application, contents 19.146.205 authority restricted to person named, exceptions 19.146.250 bond or approved alternative 19.146.205 branch offices fees 19.146.265 identification 19.146.250 license display 19.146.265 denial 19.146.210 display in office required 19.146.260 fees 19.146.205, 19.146.228 issuance, requirements 19.146.210 required 19.146.200 suit or action, license required 19.146.200 surrender of license 19.146.210 Loan brokerage agreement, requirements 19.146.040 Loan originators licenses 19.146.200, 19.146.300, 19.146.310, 19.146.320, 19.146.330 prohibited practices 19.146.0201 requirements 19.146.0201 Mortgage brokerage commission, membership and duties 19.146.280 Offices establishment and maintenance required 19.146.260 license display 19.146.260 out-of-state licensees 19.146.260 zoning requirements, compliance 19.146.260 Out-of-state licensees 19.146.220, 19.146.260 Registered agents 19.146.260 Requirements 19.146.0201 Sanctions 19.146.220, 19.146.221 Trust account, third-party provider services 19.146.050 Violations claims against bond or alternative 19.146.240 criminal penalty 19.146.110 hearing and sanctions 19.146.221 liability for employees’ conduct 19.146.245 prohibited practices 19.146.0201 sanctions 19.146.220 venue for actions 19.146.260 MORTGAGE LENDING AND HOMEOWNERSHIP Definitions 19.144.010 Director’s powers 19.144.120 Disclosure 19.144.020 Findings, legislative 19.144.005 [RCW Index—page 481] MORTGAGES Negative amortization, limitation 19.144.050 Nontraditional mortgage product risks, interagency guidance 19.144.030 Penalties 19.144.090, 19.144.100, 19.144.110 Prepayment penalty or fee, limitation 19.144.040 Risk grade determination 19.144.060 Rule-making authority 19.144.070 Subprime mortgage lending, statement 19.144.030 Unlawful actions 19.144.080, 19.144.100 MORTGAGES (See also CHATTEL MORTGAGES) Acknowledgments, court commissioners’ power to take 2.24.040 Agreements or conditions, insertion by parties 61.12.020 Assignment recording effect as notice 65.08.120 satisfaction and discharge 61.16.010 Cancellation, court order to auditor, recordation 61.16.030 Cities and towns, housing authorities, executions by 35.82.150 Community property 26.16.030 Condominiums rights of secured lenders 64.34.272 Condominiums, payment and satisfaction of mortgage before first conveyance of apartment 64.32.130 Conveyance, when deemed to secure 61.12.020 Copies of record as evidence 5.44.060 Credit reports, fair credit reporting act Ch. 19.182 Decree of foreclosure execution procedure 61.12.090 sheriff’s duty 61.12.090 Deeds of trust Ch. 61.24 Deficiency decree, waiver and complaint 61.12.070 Deficiency judgment classification 61.12.080 how and for 61.12.080 Description of land 61.12.020 Destruction of buildings, fixtures, etc. consent of mortgagee 61.12.030 penalty for violation 61.12.030 Discharge, after assignment 61.16.010 Discrimination damages for unfair practices 49.60.225 freedom from, rights enumerated 49.60.030 restrictive covenants prohibited 49.60.224 unfair practices enumerated 49.60.222 Ejectment and quieting title actions deemed not conveyance, ejectment action 7.28.230 quieting title against outlawed mortgage or deed of trust 7.28.300 rents and profits deemed real property until paid 7.28.230 right of mortgagee to enter for 7.28.230 Exemptions from execution, personal property 61.12.070 Express agreements to pay sum secured, court decree for deficiency 61.12.070 Failure to acknowledge satisfaction, damages 61.16.030 Foreclosure attorney fees, cases wherein allowed, court to fix amount 4.84.020 concurrent actions 61.12.120 ejectment and quieting title actions, deemed not conveyance 7.28.230 execution sales, possession during redemption periods 6.23.110 installments or interest due, payment to stay proceedings 61.12.130 judgment of 61.12.060 levy for deficiency under same execution 61.12.100 order of sale 61.12.060 payment of mortgage price 61.12.060 prosecution of other actions 61.12.120 publication of notice 61.12.100, 61.12.110 [RCW Index—page 482] redemption period, real estate brokers listing, sales, proceeds distribution 6.23.120 redemption rights lost where mortgagor abandons property agricultural property excepted 61.12.095 default decree, rights not lost by 61.12.094 deficiency judgment not allowed 61.12.094 rents and profits, deemed real property until paid 7.28.230 right of entry, right of mortgagee to enter to obtain rents and profits 7.28.230 stay of proceedings 61.12.130 upset price 61.12.060 venue for 4.12.010, 61.12.040 when may proceed 61.12.040 Foreclosures service of process by publication, when 4.28.100 Form 61.12.020 Fraud, mortgaged property, destruction, conversion, sale, removal, etc. 9.45.060 Gambling, invalid as evidence of gambling debt 4.24.090 Homesteads incompetent or disabled spouse or domestic partner 6.13.210, 6.13.220, 6.13.230, 6.13.240 subject to execution and forced sale 6.13.080 Installments due, sale of property and parcels, court determination 61.12.140 Insurance companies investment in 48.13.110 Insurance companies, See also INSURANCE, subtitle Investments Insurance premium finance company act, exemption 48.56.030 Judgment of foreclosure deficiency 61.12.060 order of sale, judicial notice of economic conditions 61.12.060 satisfaction 61.12.060 upset price 61.12.060 Judicial notice of economic conditions, upset price, establishment 61.12.060 Liens on franchises, earnings, property of certain companies, precedence of 60.32.010 Loan originators Ch. 19.146 Loan servicing, sale, or transfer action for damages 19.148.030 definitions 19.148.020 disclosure requirements 19.148.030 Master forms, recording, recording instruments by reference 65.08.160 Mortgage brokers Ch. 19.146 Mortgage financing program 43.180.220, 43.180.230, 43.180.240 Mortgage insurance definitions 61.10.010 insurance as condition of residential mortgage transaction, lender requirements 61.10.020 not required, when 61.10.040 termination during term of indebtedness, conditions 61.10.030 Mortgage loan servicing, sale, or transfer Ch. 19.148 Name of parties 61.12.020 Notice levy for deficiency under same execution, time period 61.12.100, 61.12.110 sale on deficiency 61.12.100, 61.12.110 Order of sale, upset price, establishment 61.12.060 Partition proceedings, mortgages on sale of property, security for purchase money, as 7.52.290 Payment of sums due, foreclosure, stay of proceedings 61.12.130 Probate administrator cannot mortgage property unless directory powers in will 11.28.070 mortgages of estate property, See PROBATE, subtitle Mortgages of estate property order of payment 11.76.110 Proof of, court commissioners’ power to take 2.24.040 Property sale parcel, court determination 61.12.140 whole court order 61.12.150 disposition of proceeds 61.12.150 Prosecution of multiple actions 61.12.120 Purchase money, insurance companies, valuation of mortgages held by 48.12.200 Real estate nonadmitted foreign organizations, authority to own and enforce 23B.18.010 nonadmitted foreign organizations, foreclosure by 23B.18.020 nonadmitted foreign organizations, service of process on 23B.18.040 procedure 23B.18.050 nonadmitted foreign organizations, venue for suits against 23B.18.060 Recording master form provision 65.08.160 mortgages incorporating master form provision by reference 65.08.160 Recording, See also RECORDING AND FILING, subtitle Mortgages Redemption rights lost where mortgagor abandons property default decree, rights not lost by 61.12.094 deficiency judgment not allowed 61.12.094 sheriff’s sale purchaser to take title free from redemption rights 61.12.093 Registered land dealings with 65.12.435 deemed as trust deeds 65.12.430 foreclosure of 65.12.440 title acquired through foreclosure 65.12.450 Registration of land titles, notation upon certificate 65.12.010 Remedy of mortgagee, confinement to mortgaged property 61.12.050 Removal of buildings, fixtures, etc., consent of mortgagee 61.12.030 penalty for violation 61.12.030 Requirements of 61.12.020 Residential mortgage insurance Ch. 61.10 Residential mortgage loan closing valuation disclosure requirements Ch. 19.149 Sales deficiency under same execution, notice 61.12.100, 61.12.110 Satisfaction acknowledgment 61.16.020 Satisfaction from property of mortgage debtor, waiver and complaint 61.12.070 Satisfaction or release, county auditor, duty of 65.04.060 Savings and loan association investments in, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Investments Separate agreements for security 61.12.050 Service of process by publication, when 4.28.100 Sheriff, execution of foreclosure decrees 61.12.090 Trust companies power to buy, sell, invest in 30.08.150 Trustees, powers as to 11.98.070 United States as holder, foreclosure 61.12.061 Upset price, conditions to confirmation 61.12.060 Wills, devisee takes subject to mortgage on property 11.12.070 MORTGAGORS AND MORTGAGEES (See CHATTEL MORTGAGES; MORTGAGES) MOSQUITO CONTROL DISTRICTS Abatement and extermination declared public necessity 17.28.254 Annexation of territory 17.28.320, 17.28.330, 17.28.340, 17.28.350 Assessments 17.28.255, 17.28.256, 17.28.257 (2008 Ed.) MOTOR VEHICLE FUEL Board of trustees 17.28.110, 17.28.120, 17.28.130, 17.28.140, 17.28.150 Bond issues 17.28.260 Borrowing money or issuing warrants authorized 17.28.251 Boundaries 17.28.253 Breeding places declared public nuisances 17.28.170 Certification of assessed valuation 17.28.310 Consolidation of districts 17.28.360, 17.28.370, 17.28.380, 17.28.390, 17.28.400, 17.28.410 County treasurer, duties 17.28.258 Definitions 17.28.010 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Dissolution 17.28.420, 17.28.430, 17.28.440, 17.28.450 Election expenses 17.28.300 Excess levies 17.28.252 Interference with entry or work of district 17.28.250 Noncompliance by landowner with regulations 17.28.185 Organization, procedures 17.28.020, 17.28.030, 17.28.040, 17.28.050, 17.28.060, 17.28.070, 17.28.080, 17.28.090 Powers 17.28.160 Responsibility of landowner for control 17.28.175 Revenue, collection and disposition 17.28.270, 17.28.280, 17.28.290 Tax levy to support 17.28.100 MOSQUITOES (See also INSECTS) Control generally 70.22.010 health, department of assumption of powers and duties of department of social and health services under chapter 70.22.005 secretary of health, duties regarding 70.22.020, 70.22.030, 70.22.040, 70.22.050, 70.22.060 Irrigation and rehabilitation districts, expenditure of funds for control of 87.84.061 MOTELS (See also HOTELS; TRANSIENT ACCOMMODATIONS) Alcoholic beverages license 66.24.540 Construction defect disputes generally Ch. 64.55 Conversion of from store or to own use or unpaid restaurant meals, liability and penalty 4.24.230 Sports franchises, restrictions on special tax revenue 67.28.184, 67.40.110 State convention and trade center Seattle, King county Ch. 67.40 Tax for stadiums, convention centers, and arts facilities 67.28.180, 67.28.181, 67.28.1801 Tax for stadiums and convention centers homeless lodging exempt 67.28.183, 67.40.105 MOTION PICTURE Motion picture competitiveness program annual survey 43.365.040 board of directors 43.365.030 criteria 43.365.020 definitions 43.365.010 legislative intent 43.365.005 review, legislative audit and review committee 43.365.050 MOTION PICTURES Adults only label, requirement, procedure 9.68.060 Correctional facilities, restrictions 72.02.280 Distribution and exhibition, unfair or deceptive practices Ch. 19.58 Erotic material distribution to minors exemption, for motion picture operator, when 9.68.110 (2008 Ed.) showing to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Film and video promotion account, use to promote production industry 43.330.092 Fireworks, special effects 70.77.535 Horse races, rights for 67.16.110 Juvenile detention or rehabilitation facilities unrated, R, X, or NC-17 films not to be shown 13.16.100 Minors erotic material, showing to, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Moral nuisances defined 7.48A.010 Moral nuisances, defined as, when 7.48.050 Motion picture fair competition act bid solicitation 19.58.040 blind bidding or selling prohibited 19.58.030 definitions 19.58.020 purpose 19.58.010 trade screening requirements 19.58.030 violations damages, recovery, attorneys’ fees 19.58.050 injunctive relief 19.58.050 Operators, erotic material law, exemption, when 9.68.110 Popcorn, disclosure of butter or butter-like flavoring 69.04.331 Production studio location within state 43.330.090 Projectionists overtime compensation 49.46.130 Projectionists, employees, immunity from prosecution for exhibition of obscene films 7.48.100 Sexually explicit material, unlawful display of 9.68.130 Unauthorized recording in exhibition facility penalty 19.235.010 Violence reduction in media, reporting 43.70.560 MOTIONS Additional security in civil actions 4.44.470 Attachment discharge of writ, for grounds 6.25.180 notice 6.25.180 time for 6.25.180 security, additional 6.25.090 Attorney’s liability for appearing without authority 2.44.020 Certiorari proceedings, defined 7.16.020 Challenges to sufficiency of evidence 4.56.150 Change of venue 4.12.030 prejudice of judge or court commissioner 4.12.050 vacation of due to neglect of moving party 4.12.110 Criminal proceedings, See CRIMINAL PROCEDURE, subtitle Motions Dismissals barred to plaintiff if defendant seeks setoff or counterclaim 4.56.120 grounds 4.56.120 Dockets argument after docket date 4.44.020 entering trial date of issues of law 4.44.020 judicial sale entry 6.21.100 Ejectment and quieting title actions survey of property 7.28.200 Indictments, motion to set aside, See INDICTMENTS, subtitle Motion to set aside Injunctions dissolve or modify injunction 7.40.020, 7.40.180 reinstate injunction 7.40.210 Judge of superior courts, before, decisions and rulings heard outside of judges’ district 2.08.200 Mandamus proceedings defined 7.16.020 enforcement of writ 7.16.280 More definite and certain statement, logging liens 60.24.140 New trial mandamus proceedings 7.16.230 newly discovered evidence, grounds, requirements as to 4.76.070 prohibition proceedings 7.16.320 time limitations for filing exception on delayed discovery of grounds 4.76.080 verdict reduction or increase as alternative to 4.76.030 Nonsuits barred to plaintiff if defendant seeks setoff or counterclaim 4.56.120 grounds 4.56.120 Nuisances abatement 7.48.020 stay of warrant of abatement 7.48.270 Partition proceedings, lien creditors be made parties 7.52.150 Pleadings logging liens 60.24.140 strike answer or defense when frivolous 4.32.170 Prohibition proceedings defined 7.16.020 enforcement of writ 7.16.320 Referee’s report, on 4.48.080 setting aside 4.48.090 Review of court commissioners’ proceedings by superior court, motion for 2.24.050 Strike answer or defense when frivolous 4.32.170 Vacation or modification of superior court judgments or orders conditions precedent 4.72.050 liens preserved on modification 4.72.050 limitation of time 4.72.020 permitted, when 4.72.020 securities preserved on modification 4.72.050 service of 4.72.020 Venue change 4.12.030 on prejudice of judge or court commissioner 4.12.050 vacation of due to neglect of moving party 4.12.110 MOTOR FREIGHT CARRIERS (See TRANSPORTATION COMPANIES, subtitle Motor freight carriers) MOTOR HOMES (See MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES, RECREATIONAL VEHICLES, AND PARK TRAILERS—SAFETY REQUIREMENTS; MOTOR VEHICLES, subtitle Motor homes) MOTOR INNS (See TRANSIENT ACCOMMODATIONS) MOTOR VEHICLE FUEL (See also GASOLINE) Advertising of prices by service stations 9.04.090 Air pollution reduction variances from ASTM specifications 19.112.090 Alcohol fuel property tax exemption, manufacturing 84.36.635 Biodiesel advisory committee 19.112.150 minimum requirements, suspension of 19.112.160 property tax exemption, manufacturing 84.36.635 special fuel licensees information submitted 19.112.130 required sales 19.112.110 standards 19.112.140 supply of certain fuels 19.112.170, 19.112.180 Border area tax Ch. 82.47 [RCW Index—page 483] MOTOR VEHICLE FUND Business and occupation tax manufacturing or processing alcohol, biodiesel, or wood biomass 82.04.260 Business and occupation tax deduction 82.04.4285 Dealers and distributors license application information, data base 46.01.340 Denatured ethanol minimum requirements, suspension of 19.112.160 special fuel licensees information submitted 19.112.130 required sales 19.112.120 Energy freedom program generally Ch. 43.325 Fuel tax advisory group 46.01.350 Fuel tax imposed Ch. 82.36 Multistate motor fuel tax agreement Ch. 82.41 Quality sampling, testing, and enforcement program administration of chapter, standards 19.112.020 air pollution reduction, variances from ASTM specifications 19.112.090 consumer protection act, application 19.112.080 definitions 19.112.010 director of agriculture’s authority 19.112.030 fuel registration 19.112.040 injunctive relief 19.112.070 methyl tertiary-butyl ether 19.112.100 penalties 19.112.060 unlawful acts 19.112.050 Retail trading practices, See GASOLINE, subtitle Retail trading practices Sales and use tax exemption 82.08.0255, 82.08.0256, 82.12.0256 Special fuel tax Ch. 82.38 Theft 46.61.740 Weights and measures 19.94.450, 19.94.460 Wood biomass fuel property tax exemption, manufacturing 84.36.640 MOTOR VEHICLE FUND Advertising control act, fees for permits paid into 47.42.120 Allocation to counties distribution of formula for 46.68.122, 46.68.124 generally 46.68.120 Audit of county road engineer, expenses paid from 36.80.080 Bond issues for highway construction, use of motor vehicle fund in relation to Ch. 47.10 Certificates of ownership and registration fees paid into 46.12.010 Confiscated property on highway right-of-way, proceeds from sale paid to 47.32.060 use of receipts from 36.82.050 warrants, payment 36.82.090 County road engineer audit, expenses paid from 36.80.080 County road maintenance, payment of expenses of, charge against county allocation 36.75.250 Created, use 46.68.070, Const. Art. 2 § 40 Distribution of statewide fuel taxes 46.68.090 Distribution of statewide taxes 46.68.110 Distribution to counties 46.68.120, 46.68.122, 46.68.124 Distribution to state for highway purposes 46.68.130 Dune buggy inspection fees into 46.37.520 Fees for copies of maps, plans, etc., for bids on highway contracts deposited in 47.28.060 information from accident reports deposited in 46.52.085 out-of-state commercial vehicles and combinations, permits deposited in 46.16.160 [RCW Index—page 484] permits for erecting or maintaining signs under highway advertising control act of 1961 deposited in 47.42.120 reissuance of certificates of ownership and registration deposited in 46.12.101 special permits for logging trucks to carry excess weight deposited in 46.44.047 Ferry vessel acquisition bond issue, use of 47.61.090 Funds from used to pay expenses of county road administration board 36.78.110 withheld when certificate of good practice denied county 36.78.090 Highway buildings and facilities bond issue, transfers to highway bond retirement fund from 47.02.090 Highway construction bond issues, use of motor vehicle fund as to Ch. 47.10 Highway infrastructure account 46.68.240 Highway land transfers, proceeds from to go into 47.12.080 Investment in United States securities, exemption of income from reserve fund requirement 43.84.095 Lease of unused highway lands, proceeds paid into 47.12.125 License fees of motor vehicle dealers and manufacturers to go into 46.70.061 Licenses of vehicles, moneys from paid into 46.68.030 Logging truck excess weight permit fees deposited in 46.44.047 Moneys accruing from fees for certificates of ownership or license registration to go into 46.68.020 accruing from sale of vehicle licenses to go into 46.68.030 from lease of unused highway lands to go into 47.12.125 realized from sale of confiscated property on highway right of way to go into 47.32.060 from transfer of highway land to United States, municipal subdivisions or public utilities to go into 47.12.080 Motor vehicle transporters’ licensing, moneys from deposited to 46.76.030 Preservation rating 46.68.113 Puyallup tribal settlement account 46.68.210 Rural arterial trust account 36.79.020 RV account campers, trailers, motor homes additional fee, rest area dumping stations 46.16.063 sanitary disposal systems, rest areas 46.68.170 Sale of timber and personality on highway lands, proceeds from paid into 47.12.140 Small city program 47.26.115 Street expenditure records, cities and towns, expense of cost-audit examination paid from 35.76.050 Timber and personalty sales from highway land, proceeds paid into 47.12.140 Traffic devices on state highway routes through cities and towns or counties, funds in may be used for, reimbursement 47.36.060 Transportation improvement board bond retirement account 47.26.426 Transportation partnership account 46.68.290, 46.68.295 Urban arterial bond retirement fund 47.26.406 Urban arterial trust account 47.26.080 Warrants issued for acquisition of highway property in advance of programmed construction as prior charge on moneys in 47.12.210, 47.12.220, 47.12.230, 47.12.240 MOTOR VEHICLE TRANSPORTATION SERVICE (See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Motor vehicle transportation service) MOTOR VEHICLE WRECKERS Junkyards adjacent to highways abatement 47.41.070 acquisition of property by department 47.41.040 definitions 47.41.020 legislative declaration 47.41.010 other laws not affected 47.41.060 prohibited, exceptions 47.41.030 public nuisances abatement 47.41.070 nonconforming 47.41.010 regulations 47.41.050 review 47.41.050 screening 47.41.040 United States secretary of transportation, agreements with 47.41.080 violations, penalty 47.41.070 MOTOR VEHICLES Abandoned, unauthorized, and junk vehicles abandoned vehicle report 46.55.100 definitions 46.55.010 disposition report 46.55.100 duty to remove from highway 46.61.590 impoundment of unauthorized vehicles notice to owners 46.55.110 law enforcement procedure 46.55.085 notice of possession by tow truck operator to department 46.55.100 owner’s responsibility and liability 46.55.105 removal of vehicle by police officer 46.55.113 sale of abandoned vehicles at auction notice to state patrol 46.55.100 suspension of driver’s license 46.20.289 Abbreviation of "Washington" on license plates prohibited 46.16.235 Accident or violation by nonresident, service on secretary of state 46.64.040 Accidents driver’s duties, penalties for violations 46.52.020 failure of judicial officer to report traffic charges and disposition 46.52.100 leaving debris on highway after accident unlawful 46.61.645 police officer’s report 46.52.070 property damage reporting threshold 46.29.060, 46.52.030 removal of vehicle by police officer 46.55.113 reports contents, when 46.52.030 reports, See also MOTOR VEHICLES, subtitle Reports striking attended vehicle, other property, or when any injury or death to person, duty relative to 46.52.020 striking unattended car or other property, duty relative to 46.52.010 venue of actions for damages 4.12.025 Actions disregarding notice of highway closure or restrictions, civil actions for damages 47.48.040 venue 4.12.025 Agents immunity of licensing agents 46.01.310 Agriculture and marketing farmer, defined 46.04.182 farming, defined 46.04.183 Air conditioning equipment, operating vehicle with when not in compliance with RCW 46.37.470 46.37.470 Alcohol juvenile driving privileges, revocation and reinstatement 46.20.265 juvenile driving privileges revoked 46.20.311 Alcohol assessment officers qualified probation department defined 46.61.516 Alcohol concentration, defined 46.04.015 (2008 Ed.) MOTOR VEHICLES Alcohol offenses ignition interlocks, biological and technical devices 46.04.215, 46.20.710, 46.20.720, 46.20.740, 46.20.745, 46.20.750 juvenile driving privileges revoked 66.44.365 Alcohol or drug tests for intoxication, implied consent 46.20.308, 46.20.311, 46.20.3101 Alcohol or drugs, driving or in physical control of vehicle under the influence 46.61.504 Alcohol or drugs, driving under the influence 46.61.502 Alcohol used as fuel exemption from liquor laws 66.12.130 Alcoholic beverages open containers disguising prohibited 46.61.5195 driver or passenger may not have, exceptions 46.61.519, 46.61.5191 Alleys emerging from, stopping 46.61.365 All-terrain vehicles, See MOTOR VEHICLES, subtitle Off-road and nonhighway vehicles Alteration or forgery of certificate of ownership or license registration 46.12.220 Alternative fuel source placard required 46.37.467 Animal-drawn vehicles slow moving vehicle emblem, required 46.37.170 Antifreeze, aversive agents 19.94.540, 19.94.542, 19.94.544 Appeal, suspension, revocation or cancellation of certificate or license notice 46.12.240 Application and inspection fees certificate of ownership 46.12.040 Arterial highways, designation of 46.61.195 Auctions wholesale vehicle auction dealers 46.70.330, 46.79.130, 46.80.200 Auto stages speed limits 46.61.405, 46.61.410 Auto theft prevention authority Ch. 46.66 Auto wreckers Ch. 46.80 Automobile hulks, See SOLID WASTE MANAGEMENT Automobile transporters, maximum height requirement for 46.44.020 Automobile wrecking yard, enclosure 46.80.130 Automotive repair definitions 46.71.011 estimates authorization to exceed 46.71.025 contents 46.71.015 failure to comply with requirements 46.71.035 written estimate required, alternatives 46.71.025 written estimates and invoices kept for one year 46.71.060 invoices, contents 46.71.015 legislative recognition 46.71.005 liens barred for facility’s failure to comply with requirements 46.71.041 recordkeeping requirements 46.71.015, 46.71.060 replaced parts, disposition 46.71.021 signs, form, contents, and posting requirements 46.71.031 statutes, notice of to registered vehicle owner 46.71.080 statutes, notice of to repair facilities 46.71.090 unfair practices, consumer protection act violation 46.71.070 unlawful acts or practices 46.71.045 warranty, copy of express warranty made available 46.71.051 Backing, rules for 46.61.605 Backup devices 46.37.400 Bail nonresident violators to post 46.64.015, 46.64.035 "Beach buggies," inspection and approval 46.37.520 (2008 Ed.) Bicycles, See BICYCLES Blood or breath alcohol content test, refusal 46.61.517 Bond issues, See HIGHWAYS, subtitle Bond issues Bond requirement for dealers’ licenses 46.70.070 Border areas size, weight, and load limits 46.44.041 Brake requirements motorcycles 46.37.527 motor-driven cycles 46.37.527 wheelchair conveyances 46.16.640 Brakes, See MOTOR VEHICLES, subtitle Equipment requirements Breath tests for intoxication 46.61.506 Burning materials, unlawful to throw away in forest, brush, range, or grain area during closed season 76.04.455 Bus drivers overtime compensation 49.46.130 Buses conduct on, unlawful 9.91.025 passenger, flares and warning devices carried 46.37.440 private carrier bus defined 46.04.416 flashing light 46.37.190 overtaking or meeting 46.61.375 stop signal 46.37.190 stopping at railroad crossing 46.61.350 private school buses, standards 46.37.630 school buses defined, motor vehicle law 46.04.521 design, marking and mode of operation, regulations to govern 46.61.370, 46.61.380 insurance 28A.160.010 lighting and safety devices regulated by state patrol 46.37.290 load and seat capacity fees, exempt from 46.16.150 overtaking and meeting 46.61.370 railroad crossings, stopping at 46.61.350 signal lamps displaying alternately flashing red lights 46.37.190 stop signs 46.37.190 transport of general public to interscholastic activities 28A.160.100 parent, guardian or custodian of student in school buses 28A.160.110 violators of bus stop sign laws law enforcement investigation 46.61.372 report by bus driver 46.61.372 vehicle driver identification by vehicle owner 46.61.371 special lighting equipment on 46.37.290 vehicle license and plates, inspection requisite 46.16.020 stopping at railroad crossings 46.61.350 Bushing 46.70.180 Buyers’ agents consumer protection act 46.70.320 unlawful acts and practices 46.70.180 violations 46.70.320 Cabulances special parking privileges 46.16.381 Camper units appurtenances on recreational vehicles 46.44.013 buying, selling, or possession of vehicle with defaced or removed number, penalty 46.12.300 camper defined 46.04.085 equipment requirements 46.37.430 as exempt from gross weight fees 46.16.111 highway rest areas, disposal systems additional fee 46.16.063 license and plates, application, fee 46.16.505 registration and titling provisions 46.12.280 safety glazing material for 46.37.430 sanitary disposal systems, rest areas RV account, motor vehicle fund 46.68.170 security interests, perfection of, applicable law 46.12.280 serial number, altered or removed administrative hearing and judicial review 46.12.330 disposition of 46.12.320 seizure and impoundment 46.12.310 slow moving vehicles 46.61.427 Cancellation operator’s license has been suspended, revoked or canceled 46.20.345 traffic citation, cancellation or solicitation of cancellation, enforcement 46.64.010 Cancellation of certificate of ownership or license registration 46.12.160 Cancellation of registration, license, or permit 46.01.230 Capitol grounds, control of traffic on rules and regulations 46.08.150 rules and regulations for enforcing officer 46.08.160 jurisdiction 46.08.170 violations, penalty 46.08.170 Car seats immunity, safety technicians 46.61.687, 46.61.6871 requirements 46.61.687 Cell phone and wireless communication while driving 46.61.667, 46.61.668 Center line 46.04.100 defined for highway purposes 47.04.010 Certificate of license registration alteration or forgery of, penalty 46.12.220 contents 46.12.050 dealer exemption 46.12.010 procedure 46.70.122 dealer as purchaser or transferee 46.70.122 definitions 46.12.005 department unsatisfied as to ownership or existence of security interests, procedure, bond 46.12.151 destroyed vehicle, certificate surrendered 46.12.070 duplicate 46.12.181 endorsement 46.16.260 false statements in, illegal transfers, penalty 46.12.210 fees transfer ownership 46.12.101 filing of assignment of certificate by department 46.12.130 installing different motor, certificate surrendered fee 46.12.080 issuance 46.12.050 contents 46.12.050 manufacturers 46.12.010 motor vehicle fund, deposit of fees for transfer in 46.12.101 notice appeal, from suspension, revocation or cancellation 46.12.240 defined 46.12.005 prerequisite to issuance 46.12.020 publicly owned or leased vehicles 46.16.020 purchaser or transferee of vehicle revision of certificate to, fees 46.12.101 when transferred by other than owner, procedure 46.12.130 rebuilt vehicles 46.12.075 refusal or cancellation of 46.12.160 refusal to produce upon demand of peace officer unlawful 46.61.020 replacement 46.16.265 required to operate and sell vehicle, exemptions 46.12.010 residents required to register 46.16.028 rule-making authority 46.01.110 salvage vehicle, defined 46.12.005 secured party defined 46.12.005 security interest [RCW Index—page 485] MOTOR VEHICLES created at time of transfer of ownership, procedure, fee 46.12.101 defined 46.12.005 perfection dealers and manufacturers 46.12.010 send, defined 46.12.005 state preempts field, exception 46.08.010 suspension, revocation or cancellation of 46.12.160 transfer by other than owner, procurement of certificate 46.12.130 transfer of interest fees for, plus detailed report transmitted to state treasurer 46.12.101 procedure, penalty for failure 46.12.101 withholding because of defective equipment 46.32.010 Certificate of ownership alteration or forgery of, penalty 46.12.220 application, contents 46.12.030 examination of vehicle 46.12.030 odometer disclosure statement 46.12.124 application and inspection fees 46.12.040 assignment of certificate, procedure 46.12.101, 46.12.130 assignment of interest, procedure 46.12.101 campers, as applicable 46.12.280 consignment sales dealer requirements 46.70.124 contents 46.12.050 dealer as purchaser or transferee 46.70.122 dealers, procedure 46.12.010 definitions 46.12.005 department unsatisfied as to ownership or existence of security interests, procedure, bond 46.12.151 destroyed vehicle, certificate surrendered 46.12.070 duplicate 46.12.181 false statements in, illegal transfers, penalty 46.12.210 fees application and inspection 46.12.040 disposition of 46.68.020 payment options 46.01.230 security interest added or fulfilled 46.12.170 transfer of interest 46.12.101 when different motor installed 46.12.080 when identification number altered or obliterated 46.12.060 filing of assignment of certificate by department 46.12.130 installing different motor, certificate surrendered 46.12.080 issuance contents 46.12.050 procedure when motor or serial number altered or obliterated 46.12.060 license registration or license plates, certificate as prerequisite for issuance 46.12.020 manufactured homes, elimination 46.12.055 manufacturers, procedure 46.12.010 minors, unlawful for any person to convey, sell or transfer ownership of any motor vehicle to any minor under the age of eighteen, exceptions 46.12.260 minor under the age of eighteen to be registered or legal owner of any motor vehicle, exception 46.12.250 mobile homes, application of other laws title transfer 46.12.290 mobile/manufactured homes, application of other laws 46.12.290 motor vehicle fund, fees deposited to 46.12.101 notice appeal from suspension, revocation or cancellation of certificate 46.12.240 defined 46.12.005 off-road and nonhighway vehicles 46.12.045 [RCW Index—page 486] operator, liability of owner for 46.16.500, 46.44.120 organ donation awareness, contribution 46.12.510 owner not liable for acts of registered owner 46.12.190 purchaser or transferee of vehicle reissue of certificate, fees 46.12.101 rebuilt vehicles 46.12.075 refusal or cancellation of 46.12.160 reissue when security agreement granted 46.12.170 required to operate and sell vehicle, exemptions 46.12.010 rule-making authority 46.01.110 salvage vehicle, defined 46.12.005 secured party defined 46.12.005 security interest creation at time of transfer of ownership 46.12.101 defined 46.12.005 perfection 46.12.095 send, defined 46.12.005 state preempts field, exception 46.08.010 suspension, revocation or cancellation of certificate, appeal 46.12.240 transfer of interest failure to transfer, misdemeanor 46.12.101 fees plus detailed report of transmitted to state treasurer 46.12.101 perfecting security interest 46.12.095 procedure, by other than the owner 46.12.130 procedure, penalty 46.12.101 seller liability limited, procedure 46.12.102 transitional ownership record 46.12.103 unlawful sale, penalty 46.12.215 used vehicles in dealer’s possession, certificate or other evidence required 46.70.124 Chains, studded tires, or other approved traction devices, use of 47.36.250 Child or ward, violation to allow unauthorized minor to drive 46.20.024 Children car seats immunity, safety technicians 46.61.687, 46.61.6871 public awareness, education 46.61.6885 requirements 46.61.687 standards, state patrol duties 46.37.505 leaving unattended in motor vehicle with motor running 46.61.685 seat belts public awareness, education 46.61.6885 requirements 46.61.687 Cigarettes, disposal of unlawful to throw lighted materials away in forest, brush, range, or grain areas during closed season 76.04.455 Cities and towns ride sharing, acquisition for 35.21.820 Claims underinsured motorists, for 48.22.030 Classic cars definition 46.04.274 Clutch disengaged while operating vehicle on down grade 46.61.630 Coasting prohibited 46.61.630 Collectible vehicles classic car, defined 46.04.274 collector, defined 46.04.125 parts car definition 46.04.3815 proof of ownership 46.12.430 street rod vehicle defined 46.04.571 equipment requirements 46.37.518 inspection and titling 46.12.420 use restrictions 46.16.307 College and university transportation demand management programs Ch. 28B.130 Collegiate license plate, defined 46.04.127 Collegiate license plates 46.16.324 Combined vehicle licensing fees disposition 46.68.035 Commercial coaches, See MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES, RECREATIONAL VEHICLES, AND PARK TRAILERS—SAFETY REQUIREMENTS Commercial drivers’ licenses agreements to carry out chapter, authorization to enter into 46.25.150 alcohol and drug tests, disqualification for positive test or refusal to take test 46.25.120, 46.25.125 alcohol and drug tests, mandatory reporting 46.25.123 application 46.25.070 change of address, notice to department 46.25.070 contents, classifications, endorsements, and restrictions 46.25.080 definitions 46.25.010 disqualification, grounds and procedure 46.25.090 driving with alcohol in system, penalty 46.25.110 employer’s duties 46.25.040 employment applications, required disclosures 46.25.030 exchange of information 46.25.080 fees 46.20.049 hazardous materials endorsement 46.25.070, 46.25.085 instruction permit 46.25.060 issued by another state or jurisdiction 46.25.160 knowledge and skills test 46.25.060 loss of driving privileges, notification of employer, driver’s duty 46.25.030 medical examiner’s certificate 46.25.055, 46.25.057 nonresidents, violation or disqualification, report 46.25.130 one license only allowed 46.25.020 penalties, civil and criminal 46.25.170 required, exceptions and restrictions 46.25.050 restoration following disqualification 46.25.100 rule making authority, department of licensing 46.25.140 violations, notification of department of licensing and employer, driver’s duty 46.25.030 Commercial vehicles controlled substance and alcohol testing 46.32.100 defined for highway purposes 47.04.010 defined for licensing 46.16.004 driver’s license 46.20.049 fees 46.32.090 inspection fees 46.32.090 safety requirements 46.32.085 state patrol duties 46.32.080 violations and penalties 46.32.100 registration 46.16.615 safety compliance statement 46.12.500 terminal safety audits 46.32.080 violations and penalties 46.32.100 Commission on equipment motorcycle equipment mufflers, modification of prohibited 46.37.390 passengers, approved foot pegs to be used 46.61.610 motor-driven cycles braking system inspection 46.37.529 Commuting (2008 Ed.) MOTOR VEHICLES commute trip reduction collective bargaining 70.94.555 definitions 43.01.220, 70.94.524 employer program, review and penalties 70.94.534 findings 70.94.521 growth and transportation efficiency centers 70.94.528 higher education institutions, exemption from parking revenue deposit requirements 43.01.235, 43.01.236 intent 70.94.547 plan for state agencies 70.94.551 requirements for counties and cities 70.94.527 requirements for employers 70.94.531 state agency parking account, fee-setting and use of funds 43.01.240 state vehicle parking account, parking revenue deposited in, use of funds 43.01.225 use of public funds, limitation 43.01.230 commute trip reduction board membership and duties 70.94.537 technical assistance 70.94.541 use of funds 70.94.544 commute trip reduction incentives Ch. 82.70 state-owned or leased vehicles, employee commuting 43.41.140 Commuting, See also MOTOR VEHICLES, subtitle Ride sharing Consignment sales certificate of ownership, dealer requirements 46.70.124 dealers’ duties and obligations 46.70.028 Consumer leases, See CONSUMER LEASES Consumer protection act, applicability 19.118.120 Convictions, findings, of traffic violations, records kept 46.52.100 Convictions and infractions case record and cross-index to accident reports to be maintained 46.52.120 County roads, defined for highway purposes 46.04.150, 47.04.010 County roads and bridges, type and weight limitation 36.75.270 Credit or debit cards, payment of fees 46.01.235 Crimes relating to accidents and reports failure of judicial officers to report traffic charges, disposition 46.52.100 improper procedure after involvement in an accident 46.52.020 tabulation and analysis of to be available to highway commission 46.52.060 altering or forging certificates of ownership or license registration 46.12.220 arrest without warrant, when authorized 10.31.100 attempting, aiding, abetting, committing violations 46.64.048 blood or breath alcohol content test refusal is admissible evidence 46.61.517 buyers’ agents 46.70.180 capitol grounds, control of traffic on, violations, penalty, jurisdiction 46.08.170 carrying passengers for hire without license 46.16.180 carrying passengers or animals on outside part of vehicle 46.61.660 causing or permitting vehicle to be unlawfully operated 46.61.675 certificate of license registration, refusal to produce upon demand of peace officer 46.61.020 certificate of ownership, penalty for unlawful sale 46.12.215 certificate of ownership and license registration minors, unlawful for minor to be registered or legal owner, exceptions, penalty 46.12.270 (2008 Ed.) transfer, failure to report, penalty 46.12.101 chains, studded tires, or other traction devices, failure to use when required, penalty 47.36.250 citation acceptance 46.37.600 operator acceptance 46.16.500, 46.44.120 controlled substances, uniform act Ch. 69.50 convictions, records kept 46.52.100 dealer’s, salesmen’s or manufacturer’s licenses 46.70.240 dealer’s licenses bond requirements 46.70.070 unauthorized use of plates, motor switches, and hot cars 46.70.140 unlawful use of plates 46.70.090 violations, penalty 46.70.140 destroyed vehicles failure to notify director of motor vehicles of 46.12.070 possession of certificate of ownership or registration of 46.12.070 disobedience of peace officers, fire fighters, or flaggers 46.61.015 signals of peace officers, fire fighters, or flaggers 46.61.020 traffic control devices 46.61.050 driver training schools violations 46.82.320 driving over fire hose 46.61.640 driving under the influence 46.61.502 driving under the influence, transfer, sale, or encumbrance of vehicle subject to seizure and forfeiture 46.12.270 driving with wheels off roadway 46.61.670 eluding pursuing police license revocation 46.61.024 embracing another while driving 46.61.665 enforcement cancellation or solicitation of cancellation of traffic citation 46.64.010 disposing of traffic citation or copies thereof 46.64.010 equipment requirements air conditioning equipment, sale or equipping vehicles with when not in compliance with 46.37.470 citation, acceptance 46.37.600 motorcycles exemptions 46.61.613 foot pegs, passengers 46.61.610 mirrors 46.37.530 mufflers, modifications prohibited 46.37.390 passengers, foot pegs 46.61.610 riding with both feet on same side 46.61.612 muffler cut-out, bypass or similar device, use of 46.37.390 owner, lessee, and operator, liability of each 46.37.600 sale or use of lamps or equipment not approved by state patrol 46.37.310 school buses, operating flashing warning signal other than when bus is stopped 46.37.290 siren, bell or whistle, use of when not permitted 46.37.380 snow-removal or highway maintenance equipment, unlawful to operate in noncompliance with lighting regulations 46.37.300 television viewers, operating vehicle with when in sight of driver, exception 46.37.480 vehicle for transportation of explosives, flammable liquids or compressed gases operating while carrying flares, fusees or signals produced by flame prohibited 46.37.440 operating without electric lanterns or portable reflectors 46.37.440 vehicle with obstructed windshield, operating 46.37.410 vehicle without having load securely fastened, operating 46.37.490 failure to comply with restrictive signs 46.61.050 stop at stop sign 46.61.190, 47.36.180 financial responsibility law failure to deposit security 46.29.110 violations and penalties, generally 46.29.620 fire apparatus, driving or parking in proximity of 46.61.635 firearms carrying loaded pistol in vehicle prohibited 9.41.050 habitual offender, defined 46.65.020 habitual traffic offenders act, See MOTOR VEHICLES, subtitle Habitual traffic offenders act for hire vehicles 46.72.100 inspection operating damaged vehicle 46.32.070 vehicle found defective in equipment 46.32.060 interfering with operator’s view or control 46.61.615 issuing false statements to obtain certificates of ownership or license registration 46.12.210 leaving children unattended in standing vehicle with motor running 46.61.685 while in premises where spirituous liquors are dispensed 9.91.060 licenses, operator and owner, liability of each 46.16.500 litterbugging 46.61.645 manufacturer’s licenses 46.70.170, 46.70.180 mobile homes or travel trailers 46.70.075 mileage fees on auto stages, failure to pay 46.16.125 minors, unlawful to convey, sell or transfer ownership of any motor vehicle to a minor, penalty 46.12.270 motor vehicle driver’s licensing operating vehicle under certificate of license registration without having certificate of ownership 46.12.010 when operator’s license has been suspended, revoked or canceled 46.20.345 motor vehicle operator’s licensing, See MOTOR VEHICLES, subtitle Drivers’ licenses motor vehicle transporters, delivering vehicles without transporter’s license 46.76.010 motorcycles exhaust systems 46.37.537 negligent driving first degree 46.61.5249 second degree 46.61.525 odometers, tampering with 46.37.540, 46.37.570 open containers of alcoholic beverages disguising prohibited 46.61.5195 driver or passenger may not have, exceptions 46.61.519, 46.61.5191 operating under influence of intoxicants or drugs 9.91.020 operating vehicle in reckless manner embracing another while driving as 46.61.655 operating vehicle on down grade with clutch disengaged 46.61.630 operating vehicle under certificate of license registration without having certificate of ownership 46.12.010 operating vehicle when [RCW Index—page 487] MOTOR VEHICLES certificate of ownership or license registration is canceled or refused 46.12.160 view obstructed or control of is being interfered with 46.61.615 operating vehicle with gears in neutral 46.61.630 plates not issued therefor or with disfigured plates 46.16.240 operating vehicle without certificate of license registration 46.16.260 valid license number plates 46.16.240 operators’ licenses, refusal to produce upon demand of peace officer 46.61.020 owner, lessee, and operator, liability of each 46.37.600 owner and operator, liability of each 46.16.500, 46.44.120 permits, liability of owner and operator for acts of each other 46.44.120 permitting escape of load materials 46.61.655 physical control of vehicle under the influence of liquor or drugs 46.61.504 publicly owned vehicles, allowing operation of unmarked vehicle 46.08.065 reckless driving 46.61.500 refusal to give information to or cooperate with peace officers 46.61.020 permit examination of equipment upon demand of peace officer 46.61.020 weigh vehicle upon demand of peace officer 46.61.020 rental of vehicles failure to verify signatures 46.20.220 motorcycle to persons without license indorsement for 46.20.220 renting to unlicensed person 46.20.220 repairs, restorations or alterations failure to keep report on source of major parts 46.52.090 report of sale, fraudulent 9.45.260 riding other than on seat of motorcycle 46.61.610 roadway construction area speeding 46.61.527 sale or transfer of vehicle, failure to make assignment on, in noncompliance with certificate requirements 46.12.010 purchasers’ or transferees’ failure to transfer certificate of ownership and license registration 46.12.101 salesmen’s license 46.70.240 purchaser’s or transferee’s failure to transfer, certificate of ownership and license registration 46.12.101 serial numbers, altered or removed 46.12.300 signal preemption devices accident, penalty 46.37.673, 46.37.674, 46.37.675 possession 46.37.671 prohibited, exceptions 46.37.670 use, sale, purchase 46.37.672 size, weight, and load limits axle and tire factors 46.44.042 citation, operator acceptance 46.44.120 combination of vehicles and load, maximum lengths 46.44.030 owner, liability for acts of operator 46.44.120 owner, liability of operator and owner 46.44.120 slow moving vehicles 46.61.427 striking unattended vehicle, neglect of duty 46.52.010 taking without permission 9A.56.070, 9A.56.075 theft 9A.56.096 theft of 9A.56.063, 9A.56.065, 9A.56.068, 9A.56.078 theft prevention authority Ch. 46.66 throwing debris from moving vehicle 46.61.655 [RCW Index—page 488] unattended vehicle, failure to remove from highway 46.61.590 unfair motor vehicle business practices, violations 46.70.180, 46.70.190 unlawful disclosure of contents of abstract of motor vehicle driver’s record 46.52.130 vehicles on installation of different motor, possession of certificate of ownership or registration of 46.12.080 vehicular assault 46.61.522 alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 vehicular homicide 46.61.520 alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 Crosswalks defined for highway purposes 46.04.160, 47.04.010 marked 46.04.290 parking prohibited in 46.61.570 playgrounds, speed limits 46.61.440 schools, speed limits 46.61.440 stopping for pedestrians 46.61.235 Curbstoning, penalty 46.70.115 Curves, reduction of speed required 46.61.400 Damaged vehicle, inspection, violations relating to 46.32.070 Dealer, salesperson, and manufacturer licenses assurance of compliance, acceptance, filings 46.70.230 attorney general, enforcement, limitations 46.70.220 charges to be furnished buyer or mortgagor, dealer to give details 46.70.130 civil action for violations of unfair practices, limitations limitation upon bringing suit under 46.70.220 cumulative nature of provisions 46.70.270 denial, revocation or suspension of license when civil action is pending, effect 46.70.270 injunction 46.70.240 violation, penalty 46.70.240 jurisdiction 46.70.240, 46.70.250 limitation of action for civil damages or injunction 46.70.220 local regulation preempted 46.70.300 penalties civil 46.70.240 court orders, violation of 46.70.240 personal service of process outside of state 46.70.250 prosecuting attorneys, duties to enforce 46.70.220 recreational vehicle shows, subagency licenses 46.70.370 rules relating to 46.70.160 service of process outside of state, personal service 46.70.250 unfair practices, civil violations attorney general, duties 46.70.220 violations deemed civil 46.70.270 Dealers bankruptcy proceedings, notice of 46.70.183 certificates of ownership and license registration, as affects Ch. 46.12 education requirements 46.70.079 franchise protection Ch. 46.96 minors, unlawful for any person to convey, sell or transfer ownership of any motor vehicle to any minor under the age of eighteen, exceptions 46.12.260 staggered license renewal periods 46.70.085 used vehicles evidence of ownership required 46.70.124 posting or disclosure of asking price 46.70.125 warranties, responsibilities to consumers Ch. 19.118 Dealers and manufacturers definitions 46.96.020 franchises designated successor to franchise owner 46.96.110 determination of good cause and good faith, procedure 46.96.040, 46.96.050 manufacturer incentive program 46.96.230 new or relocated dealership 46.96.140, 46.96.150, 46.96.160, 46.96.170, 46.96.180 petition or protest proceedings 46.96.210 relevant market area 46.96.140 right of first refusal 46.96.220 sale, transfer, or exchange 46.96.200 termination, cancellation or nonrenewal 46.96.030, 46.96.070, 46.96.080, 46.96.090, 46.96.100 venue, cause of action or hearing 46.96.240 warranty work or service, dealer obligations 46.96.105 good faith, what constitutes, burden of proof 46.96.060 manufacturers prohibited practices 46.96.190 unfair practices 46.96.185 motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 unlawful acts and practices 46.70.180 Debris, etc., littering highways 46.61.645, 46.61.655 Debt and financing insurance coverage 48.22.060 Definitions air bags 46.37.640 alley 46.04.020 defined for highway purposes 47.04.010 arterial highway 46.04.030 defined for highway purposes 47.04.010 authorized emergency vehicle 46.04.040 auto stage 46.04.050 axle 46.04.060 bicycles 46.04.071 business district 46.04.080 defined for highway purposes 47.04.010 camper 46.04.085 cancel 46.04.090 center line 46.04.100 defined for highway purposes 47.04.010 center of intersection 46.04.110 defined for highway purposes 47.04.010 chauffeur 46.04.115 city street 46.04.120 defined for highway purposes 47.04.010 classic car 46.04.274 collector 46.04.125 combination of vehicles 46.04.130 defined for highway purposes 47.04.010 commercial vehicles 46.04.140 defined for highway purposes 47.04.010 Cooper Jones Act emblems 46.04.144 county road 46.04.150 defined for highway purposes 47.04.010 crosswalk 46.04.160 defined for highway purposes 47.04.010 department 46.04.162 director 46.04.163 drive away - tow away operation 46.04.165 driver 46.04.370 driver education 46.04.167 driving privilege withheld 46.04.168 electric personal assistive mobility device 46.04.1695 electric vehicles, medium-speed 46.04.295 electric-assisted bicycle 46.04.169 electronic commerce 46.04.1697 explosives 46.04.170 farm tractor 46.04.180 farm vehicle 46.04.181 farmer 46.04.182 farming 46.04.183 flammable liquid 46.04.187 garbage truck 46.04.194 highway 46.04.197 for hire vehicle 46.04.190 hours of darkness 46.04.200 (2008 Ed.) MOTOR VEHICLES intersection area 46.04.220 defined for highway purposes 47.04.010 intersection control area 46.04.240 defined for highway purposes 47.04.010 kit vehicle 46.04.251 laned highway 46.04.260 defined for highway purposes 47.04.010 legal owner 46.04.270 lightweight stud 46.04.272 limousines and other for hire vehicles 46.04.274 local authorities 46.04.280 defined for highway purposes 47.04.010 manufactured home 46.04.302 marked crosswalk 46.04.290 defined for highway purposes 47.04.010 metal tire 46.04.300 defined for highway purposes 47.04.010 mobile home 46.04.302 modular home 46.04.303 moped 46.04.304 motor home 46.04.305 motor truck 46.04.310 defined for highway purposes 47.04.010 motor vehicle 46.04.320 defined for highway purposes 47.04.010 motorcycle 46.04.330 motor-driven cycle 46.04.332 motorized foot scooter 46.04.336 muffler 46.04.340 multiple lane highway 46.04.350 defined for highway purposes 47.04.010 municipal transit vehicle 46.04.355 negative 46.04.408 nonresident 46.04.360 operator 46.04.370 defined for highway purposes 47.04.010 owner 46.04.380 park or parking 46.04.381 park trailer or park model trailer 46.04.622 parts car 46.04.3815 passenger car 46.04.382 peace officer, defined for highway purposes 47.04.010 pedestrian 46.04.400 defined for highway purposes 47.04.010 person 46.04.405 defined for highway purposes 47.04.010 personalized license plates 46.16.560 photograph 46.04.408 picture 46.04.408 pneumatic tires 46.04.410 defined for highway purposes 47.04.010 pole trailer 46.04.414 police officer 46.04.391 power wheelchair 46.04.415 private road or driveway 46.04.420 defined for highway purposes 47.04.010 public highway, defined for highway purposes 47.04.010 public scale 46.04.435 qualified probation department 46.61.516 railroad 46.04.440 defined for highway purposes 47.04.010 railroad sign or signal 46.04.450 defined for highway purposes 47.04.010 reasonable grounds 46.04.455 registered owner 46.04.460 rental car 46.04.465 rental car business 46.04.466 residence district 46.04.470 revoke 46.04.480 road tractor 46.04.490 roadway 46.04.500 defined for highway purposes 47.04.010 safety zone 46.04.510 defined for highway purposes 47.04.010 sales-dealers 46.70.011 school bus 46.04.521 semitrailer 46.04.530 sidewalk 46.04.540 defined for highway purposes 47.04.010 signal preemption device 46.04.62250 (2008 Ed.) solid tire 46.04.550 defined for highway purposes 47.04.010 special mobile equipment 46.04.552 stand or standing 46.04.555 state highway 46.04.560 defined for highway purposes 47.04.010 stop 46.04.565 stop or stopping 46.04.566 street rod vehicle 46.04.571 streetcar 46.04.570 defined for highway purposes 47.04.010 suspend 46.04.580 tandem axles 46.04.582 temporarily sojourning 46.04.585 tractor 46.04.650 traffic 46.04.590 defined for highway purposes 47.04.010 traffic control devices 46.04.611 traffic control signal 46.04.600 defined for highway purposes 47.04.010 traffic devices, defined for highway purposes 47.04.010 trailer 46.04.620 train 46.04.630 defined for highway purposes 47.04.010 travel trailer 46.04.623 trolley vehicle 46.04.640 truck 46.04.653 truck tractor 46.04.655 used vehicle 46.04.660 vehicle 46.04.670 defined for highway purposes 47.04.010 moped excluded for purposes of unfair business practices law 46.04.670 vehicle or pedestrian right of way 46.04.672 Denial, cancellation, or suspension of manufacturer’s licenses mobile homes or travel trailers deficiency in surety bond as grounds for 46.70.075 Destroyed vehicles failure to notify director of motor vehicles of 46.12.070 possession of certificate of ownership or registration of 46.12.070 Disabilities, persons with parking privileges 46.16.381 restrictions 46.20.041 Disabled drivers refueling services 49.60.360 Disabled vehicles stopping on highway prohibition inapplicable to 46.61.560 turn signal not to be flashed, exception 46.61.305 Disclosure of vehicle owner, notify owner 46.12.380 Display of dealer’s licenses plates, limitations on use 46.70.090 Doors, opening and closing rules 46.61.620 Driver education courses in schools 46.20.055 Driver education courses, See also MOTOR VEHICLES, subtitle Traffic safety education courses in schools Driver license compact 46.21.010 Driver training schools administrative authority 46.82.290 appeals from director’s actions, decisions 46.82.380 background checks 46.82.325 business and profession act 46.82.285 business practices, requirements 46.82.360 curriculum, basic minimum curriculum, requirements, revocation of license for failure to teach 46.82.420 definitions relating to 46.82.280 driver instructors’ advisory committee created, composition, duties 46.82.300 educational institutions exempt from regulation 46.82.400 fees license fees 46.82.310 renewal fee 46.82.310 instructor’s license application 46.82.320, 46.82.330 duplicate, issuance 46.82.340 examination 46.82.330 fee 46.82.320 requirements 46.82.320 suspension, revocation, denial causes 46.82.350 left-hand lane, usage information required 46.82.430 license to conduct application 46.82.310 duplicate, issuance 46.82.340 fees application fees 46.82.310 license certificate 46.82.310 duplicate and fee therefor 46.82.310 renewal fee 46.82.310 suspension, revocation, denial causes 46.82.350 moneys collected from licenses, deposit to highway safety fund 46.82.410 penalty for violation 46.82.390 rule making authority 46.82.290 suspension, revocation, denial appeal, emergency suspension, hearing notice, procedure 46.82.370 business practices, noncompliance 46.82.360 traffic safety education 46.82.430 violations, penalty 46.82.320 Driver under twenty-one consuming alcohol, penalties 46.61.503 Drivers’ licenses address or name change 46.20.205 administrative revocation 46.20.308 age for hire vehicle drivers 46.20.045 minimum 46.20.031 school bus drivers 46.20.045 alcohol or drug tests for intoxication implied consent 46.20.311, 46.20.3101 refusal may be used in criminal trial 46.20.308 alcoholics, certain ineligible 46.65.060 anatomical gift organ donor registry, information 46.20.1131 statement 46.20.113 appearance in court, violation of written promise to appear, procedure 46.64.025 applications for licenses contents 46.20.091 false statement, penalty 46.20.091 minors, requirements 46.20.100 nonresident, driving record from other jurisdiction 46.20.091 original license 46.20.091 armed forces, person serving, continuation of existing license 46.20.027 biometric matching system 46.20.037, 46.20.038 blood or breath alcohol content test refusal is admissible evidence 46.61.517 Canadian border crossing 46.20.202, 46.20.2021 cancellation, See MOTOR VEHICLES, subtitle Drivers’ licenses, suspension, revocation or cancellation of case record of convictions and findings 46.52.120 change of address or name 46.20.205 commercial drivers’ licenses 46.20.049 agreements to carry out chapter, authorization to enter into 46.25.150 alcohol and drug tests, disqualification for positive test or refusal to take test 46.25.120, 46.25.125 alcohol and drug tests, mandatory reporting 46.25.123 application 46.25.070 [RCW Index—page 489] MOTOR VEHICLES applications time limit for application by new resident 46.25.070 change of address, notice to department 46.25.070 contents, classifications, endorsements, and restrictions 46.25.080 definitions 46.25.010 disqualification, grounds and procedure 46.25.090 driving with alcohol in system, penalty 46.25.110 employer’s duties 46.25.040 employment applications, required disclosures 46.25.030 exchange of information 46.25.080 hazardous materials endorsement 46.25.070, 46.25.085 instruction permit 46.25.060 issued by another state or jurisdiction 46.25.160 knowledge and skills test 46.25.060 loss of driving privileges, notification of employer, driver’s duty 46.25.030 medical examiner’s certificate 46.25.055, 46.25.057 nonresidents, violation or disqualification, report 46.25.130 one license only allowed 46.25.020 penalties, civil and criminal 46.25.170 required, exceptions and restrictions 46.25.050 restoration following disqualification 46.25.100 rule making authority, department of licensing 46.25.140 time limit for new resident to apply for 46.25.070 violations notification to department of licensing and employer, driver’s duty 46.25.030 content 46.20.161 convictions revocation 46.20.285 withholding driving privilege 46.20.270 crimes requiring revocation 46.20.286 data furnished to department of information services, exception 46.20.157 deferred prosecution program Ch. 10.05 disability, restrictions 46.20.041 display to police officer 46.20.017, 46.61.020 driver improvement interview conduct of interview 46.20.327 evidence at 46.20.327 failure to appear or request interview 46.20.326 findings and recommendations 46.20.328 juvenile driver, parent or guardian may be brought in for 46.20.322 notice of contents 46.20.323 department to give 46.20.322 persons not entitled to interview or formal hearing 46.20.324 referee’s findings 46.20.328 required before suspension, revocation, probation or nonrenewal, exceptions 46.20.322 suspension or probation prior to interview, alternative procedure 46.20.325 waiver of interview by not appearing or making request 46.20.326 driver license compact licensing authority, defined 46.21.020 driving under the influence probationary license 46.20.355 driving with license suspended or revoked penalties 46.20.342 drug abusers, addicts, certain ineligible 46.65.060 duplicates, fee 46.20.200 electric-assisted bicycles, exception 46.20.500 examinations [RCW Index—page 490] content and conduct 46.20.130 generally 46.20.120 reexamination, when 46.20.305 rules, authority 46.20.126 waiver 46.20.120, 46.20.125 exemptions 46.20.025 exhibited upon accident 46.52.020 expiration date 46.20.181 failure to appear in court 46.64.025 false statement by applicant, penalty 46.20.091 falsification prevention program 46.20.114 federal REAL ID act 46.20.191, 46.20.1911 fees application, filing 46.20.380 disposition 46.68.041 duplicate license or permit 46.20.200 examination 46.20.120 motorcycle endorsement 46.20.505 payment options 46.01.230 financial responsibility law, See MOTOR VEHICLES, subtitle Financial responsibility law formal hearing appeal to superior court 46.20.334 conduct of hearing 46.20.329 decision of director or designee 46.20.333 director’s designee, authority to preside and make decision 46.20.331 evidence 46.20.332 interview not deemed to be 46.20.327 notice of 46.20.329 persons not entitled to 46.20.324 request for after interview 46.20.328 subpoenas 46.20.332 suspension or revocation stayed during 46.20.329 time and place 46.20.329 habitual traffic offenders revocation of license, procedure 46.65.065 for hire vehicle certificates or operators’ permits 46.72.100 identicards 46.20.117 identity, proof of necessary for issuance 46.20.035 identity theft to improperly access financial information Ch. 9.35 ignition interlock driver’s license 46.04.217, 46.20.385, 46.20.400, 46.20.410 implied consent law license sanctions, duration 46.20.311 license sanctions, duration of 46.20.3101 procedures 46.20.308 ineligible persons 46.20.031 instruction permits 46.20.055 intermediate license 46.20.075, 46.20.267 issuance of license, fee 46.20.161 juvenile agricultural driving permits 46.20.070 juvenile driver’s license driver improvement interview, parent or guardian may be required to attend 46.20.322 driving while license suspended or revoked 46.20.342 records of traffic violations to be furnished to juvenile court when requested 46.20.293 revocation, alcohol or drug violations 66.44.365 revocation and reinstatement, alcohol or drug violations 46.20.265 suspension, revocation or restriction driver improvement interview with parent or guardian may be required 46.20.322 grounds 46.20.292 mental disabilities, persons with 46.20.041 military personnel 46.20.027 minors applications 46.20.100 minors, method to distinguish licenses 46.20.105 minor’s traffic records, disclosure 46.20.293 moped operation 46.20.500 motorcycle endorsement, exceptions 46.20.500 motorcycle operator endorsement fee 46.20.505 examination 46.20.130 name or address change 46.20.205 new residents 46.20.021 nonresidents suspension or revocation of license, convictions, traffic infractions, forwarding record of 46.20.215 occupational licenses 46.20.391, 46.20.394, 46.20.400, 46.20.410 operating vehicle without valid driver’s license 46.20.005, 46.20.015 parking violations municipalities to report to state 46.20.270 photographic identification, retention during renewal process 46.20.185 photographs on driver’s license negative file 46.20.118 rules and regulations, adoption, authority 46.20.119 possession of when driving, display on demand 46.20.017 probationary license alcohol violator 46.20.355 prohibited practices generally 46.20.0921 reexaminations, when 46.20.305 refusal to produce upon demand of peace officer unlawful 46.61.020 renewal driver improvement interview required when renewal refused 46.20.322 examination required, when 46.20.120 fee 46.20.181 waiver of reexamination 46.20.120 required 46.20.001 resident defined for purposes of obtaining 46.20.021 restricted license 46.20.041, 46.20.305 revocation eluding police 46.61.024 mandatory, notice and review 46.20.245 offenses requiring revocation 46.20.285, 46.20.286 rights and restrictions 46.20.001 roadblock, license check 46.64.060, 46.64.070 rule-making authority 46.01.110 sexual offender registration requirements notice to persons applying for or renewing 46.20.187 state preempts field, exception 46.08.010 stopping vehicle, license check 46.64.060, 46.64.070 stopping vehicle registered to person whose license has been suspended or revoked 46.20.349 supervision and control of director of licenses transferred to department of licensing Ch. 46.01 surrender of license 46.20.315 suspension, revocation or cancellation of accident report, failure to make as grounds for 46.52.035 alcohol or drug test, failure to take 46.20.308 appeals 46.20.334 arrest without warrant, when authorized 10.31.100 authority of department, grounds 46.20.291 case record of driver as grounds 46.52.120 driving while license is suspended or revoked 46.20.342 effective although license not surrendered 46.20.320 extraterritorial convictions, for 46.20.300 failure to appear in court 46.64.025 failure to respond, appear, or comply 46.20.289 grounds 46.20.207 hearing, stay of suspension, etc. 46.20.329 juvenile driver’s license, grounds 46.20.292 nonresidents 46.20.215 (2008 Ed.) MOTOR VEHICLES offenses requiring revocation 46.20.285, 46.20.286 operating under license from another jurisdiction prohibited 46.20.345 plates, surrender of 46.29.605 probation in lieu of 46.20.335 reckless driving 46.61.500 revocation improper procedure after involvement in an accident as grounds for 46.52.020 surrender of license 46.20.315 suspension reckless driving, for 46.61.500 suspension for abandonment of vehicle 46.20.289 suspension for nonpayment of child support, effect 48.22.140 suspension for nonpayment of judgment 46.29.330 suspension for violation of financial responsibility law surrender of license, penalty for failing to return 46.29.610 temporary permits 46.20.065 temporary restricted licenses 46.20.391, 46.20.394, 46.20.400, 46.20.410 time limit for new resident to obtain 46.20.021 unauthorized minor or ward, violation to allow to drive 46.20.024 unlicensed drivers placement in suspended or revoked status 46.20.317 subject to all provisions of motor vehicle law 46.20.022 vehicular assault revocation period 46.20.285, 46.20.286 vehicular homicide revocation period 46.20.285, 46.20.286 violations relating to applications 46.20.0921 display or possession of canceled, revoked, or suspended license or identicard 46.20.338 displaying or using another’s license 46.20.0921 failure to appear in court 46.64.025 fictitious or fraudulently altered license 46.20.0921 loaning license 46.20.0921 operating vehicle when license has been suspended, revoked or canceled 46.20.345 voter registration in conjunction with license application or renewal, procedure licensing agent’s duties 46.20.155 posting signs 46.20.153 wheelchair conveyances 46.20.109 withholding driving privilege conviction of offense 46.20.270 Driving on sidewalks prohibited 46.61.606 Driving privilege withheld defined 46.04.168 Driving record, abstract of access 46.52.130 disclosure, when allowed and to whom, scope of disclosure 46.52.130 disposition of fees 46.68.038 Driving under the influence 9.91.020 alcohol concentration, defined 46.04.015 alcohol information school attendance 46.61.5056 alcohol or drug tests 46.20.308, 46.20.3101 blood or breath alcohol content test refusal is admissible evidence 46.61.517 criminal history and driving record, verification 46.61.513 diagnostic evaluation and treatment for alcohol violators 46.61.5056 driver under age twenty-one mandatory appearances 46.61.50571 driver under twenty-one consuming alcohol, penalties 46.61.503 drivers’ licenses (2008 Ed.) probationary license 46.20.355 drugs, defined 46.61.540 evidence, admission 46.61.506 fees state toxicology laboratory and enforcement funding fee 46.61.5054 impaired driving safety account 46.68.260 license sanctions 46.20.311, 46.20.3101 own test, results 46.61.506 penalty schedule 46.61.5055 refusal to submit to analysis of blood 46.61.506 seizure and forfeiture of vehicle 46.61.5058 sentences attendance at program focusing on victims 46.61.5152 intermittent fulfillment, restriction 46.61.5151 tests 46.61.506 traffic safety commission to inform and educate 43.59.140 vehicular assault 46.61.522 what constitutes 46.61.502 Driving with license suspended or revoked penalties 46.20.342 Driving without a valid license identifying documentation 46.20.005 impoundment 46.55.113 misdemeanor, when 46.20.005 traffic infraction, when 46.20.015 Drugs driving under the influence 46.61.502 vehicular assault 46.61.522 vehicular homicide 46.61.520 what drugs are included 46.61.540 juvenile driving privileges, revocation and reinstatement 46.20.265, 69.50.420, 69.52.070 juvenile driving privileges revoked 46.20.311 physical control of vehicle under the influence 46.61.504 "Dune buggies," inspection and approval, fee 46.37.520 Earphones, when prohibited 46.37.480 Electric personal assistive mobility device 46.04.1695, 46.61.710 Electric vehicles state purchase of power 43.01.250 Electric vehicles, medium-speed definition 46.04.295 highway use 46.61.723 Electric-assisted bicycle defined 46.04.169 operating requirements 46.61.710 Embracing another while driving 46.61.665 Emergency response caused by intoxication recovery of costs from convicted person 38.52.430 Emergency vehicles audible signals, when necessary 46.61.035 carrying persons on outside of car permissible 46.61.660 catalytic converter 43.21A.430 equipment sales of equipment to person who may not lawfully use prohibited 46.37.195 fire department vehicles, red flashing lights for 46.37.184 firefighter’s private cars green lights for 46.37.185 identification card required 46.37.187 sign or plates on 46.37.186 identification card required 46.37.187 funeral coaches, blue lights for 46.37.187 law enforcement vehicles colored lights 46.37.190 maximum height requirement not to apply to 46.44.020 operation of vehicles on approach of 46.61.210 pedestrians yield right of way to 46.61.264 police vehicles regulations and tests on equipment to be used by 46.37.194 signal lamps displaying alternately flashing red lights 46.37.190 sirens required 46.37.190 vehicle operation provisions, exempt from 46.61.035 yielding way to 46.61.210, 46.61.212 Emission contributing areas department of ecology to provide information to motorists regarding boundaries of 46.16.015 Emission control clean-fuel performance and clean-fuel vehicle emissions specifications 70.120.210 compliance, required for licensing 46.16.017 compliance requirements 46.16.015 definitions 70.120.010 departmental authority supplemental to clean air act authority 70.120.130 diesel motor vehicles smoke opacity test 70.120.150 emission contributing areas designation by department of ecology 70.120.150 vehicle emission inspection requirements 70.120.170 fleet vehicles, certificates, validation date 46.16.015 noncompliance areas annual review 70.120.160 designation by department of ecology 70.120.150 programs required to be conducted 70.120.020 rules adoption 70.120.120 implementation, enforcement 46.16.016 scientific advisory board, membership and duties 70.120.230 state agencies, vehicle emission inspection requirements 70.120.170 used vehicles 70.120.190 vehicle emission and equipment standards 70.120.150 vehicle inspection certificate of acceptance for vehicles which fail test, conditions 70.120.070 diesel motor vehicles 70.120.080 fleets 70.120.080 repairs, quality of, complaints 70.120.100 testing stations, complaints 70.120.100 Emission standards early credits and banking 70.120A.020 new vehicle greenhouse gas emissions disclosure 70.120A.050 reports 70.120A.040 rules, department of ecology 70.120A.010 warranty repair service 70.120A.030 Enforcement habitual traffic offenders act, See MOTOR VEHICLES, subtitle Habitual traffic offenders act procedure governing arrest and prosecution, nonexclusive 46.64.030 service of process on nonresidents, residents leaving state 46.64.040 stopping motor vehicles for license and vehicle check 46.64.060, 46.64.070 traffic citation generally 46.64.010 notice to appear in court, generally 46.64.015 violations, attempting, aiding, abetting, committing 46.64.048 Equipment requirements air bags definition 46.37.640 installation of previously deployed 46.37.650 replacement requirements 46.37.660 air conditioning equipment 46.37.470 alternative fuel source, placard required 46.37.467 [RCW Index—page 491] MOTOR VEHICLES backup devices 46.37.400 body and body hardware 46.37.517 brakes brake system failure indicator 46.37.360 compression, jake brakes 46.37.395 hydraulic brake fluid requirements 46.37.365 maintenance of 46.37.360 performance ability 46.37.351 brakes requirements 46.37.340 bumpers 46.37.513 buses passenger 46.37.440 school buses signal lamp displaying alternately flashing red lights, to have 46.37.290 special lighting equipment on 46.37.290 camper units, safety glazing materials 46.37.430 car seats 46.37.505, 46.61.687, 46.61.6871, 46.61.6885 catalytic converter for emergency vehicles 43.21A.430 chains or studded tires, when required, penalty 46.37.420 "dune buggies" 46.37.520 earphones, when prohibited 46.37.480 electric-assisted bicycles 46.37.530 engine and power mechanism to be equipped to prevent fumes or smoke 46.37.390 exempted vehicles 46.37.010 farm equipment, slow moving vehicle emblem, required 46.37.160 fender or splash aprons 46.37.500 flares and other sight warning devices cars, trucks, passenger buses and truck tractors, for display of 46.37.450 towing flag 46.44.070 trucks, passenger buses and truck tractors, for 46.37.440 foot pegs, passengers on motorcycles 46.61.610 front suspension 46.37.369 fuel system 46.37.465 fuel tank attachment 46.37.465 handlebar height 46.61.611 helmets, goggles, etc., motorcycles 46.37.530, 46.37.535 horns and other sound warning devices 46.37.380 theft alarm signal device 46.37.380 lamps and illuminating devices alternate road lighting equipment 46.37.260 application of RCW 46.37.090, 46.37.100, 46.37.110, 46.37.120 and 46.37.130 46.37.080 approval 46.37.310, 46.37.320 certificate of revocation, reapproval 46.37.330 auxiliary driving lamps 46.37.180 multiple-beam 46.37.220, 46.37.230 auxiliary passing lamps 46.37.180 multiple-beam 46.37.220, 46.37.230 auxiliary systems 46.37.210 back-up lamp 46.37.210 color 46.37.100 buses school buses signal lamps displaying alternately flashing red lights 46.37.190 special lighting equipment on 46.37.290 certificate of approval revocation, reapproval 46.37.330 clearance lamps 46.37.090 color 46.37.100 mounting 46.37.110 visibility of 46.37.120 driving lamps, number required or permitted 46.37.270 emergency vehicles fire department vehicles, red flashing lights for 46.37.184 [RCW Index—page 492] firefighter’s private cars green lights for 46.37.185 identification card required 46.37.187 sign or plates on identification card required 46.37.187 funeral coaches, blue lights for 46.37.187 law enforcement vehicles 46.37.190 penalty for violations 46.37.188 signal lamps displaying alternately flashing red lights 46.37.190 farm tractors, equipment and implements of husbandry for 46.37.160 flashing lamps permitted, when 46.37.280 fog lamps 46.37.180 hazard warning lamps 46.37.215 head lamps 46.37.040 multiple-beam 46.37.220, 46.37.230 single-beam 46.37.240 husbandry implements, road machinery, road rollers, farm tractors 46.37.170 identification lamps 46.37.090, 46.37.210 visibility of 46.37.120 impairment of effectiveness, prohibited 46.37.030 law enforcement vehicles 46.37.190 colored lights 46.37.190 light illuminating license plate 46.37.050 color 46.37.100 lighted, when 46.37.020 motorcycles head lamps 46.37.523 tail lamps, reflectors, stop lamps 46.37.525 motor-driven cycles head lamp requirements 46.37.523, 46.37.524 tail lamps, reflectors, stop lamps 46.37.525 mounting of 46.37.030 approval 46.37.310 certificate of revocation, reapproval 46.37.330 certificate of approval revocation, reapproval 46.37.330 multiple-beam road-lighting equipment alternate road lighting equipment 46.37.260 use of 46.37.230 when, requisites 46.37.220 parked vehicles, when lighted lamps required 46.37.150 projecting loads red flag, lamp or lantern for 46.37.140 red flag or lantern for 46.37.140 red light prohibited, exceptions 46.37.280 reflectors 46.37.060, 46.37.090, 46.37.160 color 46.37.100, 46.37.120 mounting 46.37.110 visibility of 46.37.120 running board courtesy lamp 46.37.210 side cowl or fender lamps 46.37.210 side marker lamps 46.37.090 color 46.37.100 mounting 46.37.110 visibility of 46.37.120, 46.37.150 single-beam road-lighting equipment alternate road lighting equipment 46.37.260 when, requisites 46.37.240 special restrictions on 46.37.280 spot lamps 46.37.180 stop lamps 46.37.070, 46.37.090, 46.37.200 color 46.37.100 tail lamps 46.37.050 color 46.37.100 taillights blue or purple dot, when allowed 46.37.100 testing conditions 46.37.030 tow trucks red lights 46.37.196 turn signal lamps or devices 46.37.100, 46.37.120, 46.37.200 color 46.37.070 school buses 46.37.190 vehicles in combination, obstructed lighting devices need not be lighted 46.37.130 warning lamps 46.37.210 lamps or illuminating devices emergency vehicles firefighter’s private cars sign or plates on 46.37.186 mirror requirements 46.37.400, 46.37.530 mopeds helmets 46.37.530 motorcycles brake performance ability 46.37.528 brake requirements 46.37.527 exceptions 46.61.613 exhaust system modification 46.37.537 foot pegs, passengers 46.61.610 handlebars, maximum height 46.61.611 head lamp requirements 46.37.523 helmets, goggles, face shield 46.37.530, 46.37.535 horns 46.37.539 lights on requirements 46.37.522 mirrors 46.37.530, 46.37.539 mufflers 46.37.539 modifications of prohibited 46.37.390 passengers, foot pegs 46.61.610 riding with both feet on same side of vehicle prohibited 46.61.612 tail lamps, reflectors, stop lamps 46.37.525 tires 46.37.539 motor-driven cycles 46.37.530 brake performance ability 46.37.528 brake requirements 46.37.527 braking system inspection 46.37.529 head lamp requirements 46.37.523 horns 46.37.539 lights on requirements 46.37.522 mirrors 46.37.539 mufflers 46.37.539 tail lamps, reflectors, stop lamps 46.37.525 tires 46.37.539 muffler requirements 46.37.390 motorcycles, modification of prohibited 46.37.390 odometers, tampering with prohibited 46.37.540 exemptions 46.37.590 replacing, prohibited, exemptions 46.37.590 private carrier buses 46.37.290 private school buses 46.37.630 projecting loads, red flag, lamp or lantern for 46.37.140 rules to implement 46.37.191 safety glazing materials for doors, windows, and windshields 46.37.430 safety load chains and devices required 46.37.490 scope and effect of regulations 46.37.010 scope of regulations 46.37.010 snow-removal or highway maintenance equipment, for 46.37.300 sound system attachment 46.37.680 state patrol 46.37.005 steering and suspension systems 46.37.375 street rods and kit vehicles 46.37.518 television viewers, restrictions on location and exception 46.37.480 tire and axle requirements maximum gross weight 46.44.042 tire requirements 46.37.420 towing, safety chains required 46.37.495 traffic infractions, enforcement procedures 46.37.010 wheelchair conveyances 46.16.640 safety standards 46.37.610 wheels, extensions, projections 46.37.369 windows, sunscreening and coloring of 46.37.430 unlawful installation, penalty 46.37.435 windshield requirements safety glazing materials 46.37.410, 46.37.430 sunscreening and coloring of 46.37.430 (2008 Ed.) MOTOR VEHICLES unlawful installation, penalty 46.37.435 unobstructed 46.37.410 wipers 46.37.410 Equipment safety compact Ch. 46.38 Evidence accident reports as evidence 46.52.080 failure to yield right of way, prima facie evidence of 47.36.110 index cross reference record of accidents of motor vehicle drivers 46.52.120 possession of certificate of ownership or registration of destroyed automobile or one with different motor as 46.12.070, 46.12.080 refusal of blood or breath alcohol content test is admissible 46.61.517 scale weight as taken by arresting officer as evidence of total gross weight for excess weight offenses 46.44.047 Examinations equipment, refusal to permit examination upon demand of peace officer 46.61.020 operator’s licenses, See MOTOR VEHICLES, subtitle Drivers’ licenses Explosives flammable liquids or compressed gases, vehicle for transportation of operating while carrying flares, fusees or signals produced by flame prohibited 46.37.440 operating without electric lanterns or portable reflectors 46.37.440 Farm equipment hazard warning lights, required 46.37.160 slow moving vehicle emblem, required 46.37.160 Farm implements size, weight, and load limits, exception, penalty 46.44.130 special permits for oversize or overweight movements application for, contents 46.44.140 violation of terms, penalty 46.44.140 Farm tractors single beam headlights 46.37.240 Farm vehicle license, operating under in violation of limitations thereon 46.16.090 Farm vehicles application for exemption identification plate 46.16.025 defined 46.04.181 fee 46.16.025 identification device for exempt vehicle 46.16.025 trip permits 46.16.162 Federal Automobile Dealer Franchise Act, claims under, limitation to one recovery under state and federal law 46.70.190 Fees agent and subagent fees, analysis and evaluation 46.01.325 auto stages mileage fees, penalty 46.16.125 campers, trailers, motor homes sanitary disposal systems 46.16.063 certificate of license registration duplicate 46.12.181 reissue when contract or mortgage fulfilled 46.12.170 when different motor installed 46.12.080 certificate of ownership 46.12.040 disposition of 46.68.020 duplicate 46.12.181 reissue when contract or obligation fulfilled 46.12.170 when different motor installed 46.12.080 when motor or serial number altered or obliterated 46.12.060 certificates for fees disposition of 46.72.110 collection of underpayments 46.68.010 (2008 Ed.) combined vehicle licensing fees, disposition 46.68.035 disposition of 46.68.030, 46.68.038 driver training schools licensing 46.82.310 renewal 46.82.310 driver’s license examination 46.20.120 driver’s license fees disposition 46.68.041 duplicate license 46.20.200 motorcycle endorsement 46.20.505 driver’s license issuance 46.20.161 emergency medical services fee 46.12.042 fleets operating interstate, highway user tax structure for special size, weight and load permits prorated 46.44.096 highway purposes, to be applied to Const. Art. 2 § 40 for hire vehicle certificates for 46.72.070, 46.72.080 disposition of 46.72.110 nonresident taxicabs, permit 46.72.110, 46.72.130 mileage fees, penalty 46.16.125 operator’s permit 46.72.030 identicards 46.20.117 interstate commercial vehicles less than year permit 46.88.010 license classification, fee upon change in 46.16.280 license tabs 46.16.0621 logging tracks county log tolerance permit 46.44.047 logging trucks special permits to carry excess weight on state highways 46.44.047 mileage fees on auto stages, failure to pay 46.16.125 motor vehicles auto stages maximum gross weight fee 46.16.070 how computed 46.16.111 seating capacity fees 46.16.121 certificate of license registration disposition 46.12.101 new issue 46.12.101 certificate of ownership dealer 46.12.170 disposition 46.12.101 new issue 46.12.101 reissue to add or clear a security agreement 46.12.170 for hire vehicles maximum gross weight fee 46.16.070 how computed 46.16.111 seating capacity fees 46.16.121 stages maximum gross weight fee 46.16.070 how computed 46.16.111 seating capacity fees 46.16.121 out-of-state commercial vehicles and combinations 46.16.160 plates dealers’ and manufacturer’s 46.70.061 reflectorized 46.16.237 replacement 46.16.270 recreational vehicles sanitary disposal systems 46.16.063 refunds of fees erroneously paid 46.68.010 sales-dealers’ licenses and plates 46.70.061 snowmobile registration 46.10.040 special permits for oversize and overweight movements 46.44.0941 special permits for oversize or overweight movements 46.44.095 determining fee 46.44.096 temporary additional tonnage permits 46.44.095 to whom paid 46.44.096 stages mileage fees, penalties 46.16.125 stages, for hire vehicles mileage fees 46.16.125 temporary motor vehicle license, nonresident member of armed forces 46.16.460 temporary permits 46.16.047 tow trucks, capacity fee in addition to and in lieu 46.16.079 trailers maximum gross weight fees on trailers, semitrailers and pole trailers farm vehicles, excluding fish and forestry products 46.16.090 monthly tonnage license 46.16.135 overloading licensed capacity, additional license fee 46.16.140 trailing units, permanent plates 46.16.068 transporters expiration and renewal 46.76.050 original license 46.76.040 trucks, truck tractors maximum gross weight fees on 46.16.070 farm vehicles, excluding fish and forestry products 46.16.090 how computed 46.16.111 monthly tonnage license 46.16.135 overloading licensed capacity, additional license fee 46.16.140 travel trailer, horse trailer, boat trailer, exception 46.16.111 maximum gross weight fee 46.16.070 how computed 46.16.111 vehicle license 46.68.030 vehicle licensing application fee 46.01.140 weight, motor homes 46.17.020 weight fees, motor vehicles 46.17.010 wrecked vehicles, permit to junk 46.12.230 wreckers’ license 46.80.040, 46.80.050, 46.80.060 Fender requirements 46.37.500 Ferry queues violations 46.61.735 Financial responsibility law administration forms, prescribing and providing 46.29.030 rules and regulations 46.29.030 appeals court review 46.29.040 driving record abstract to be furnished driver or his attorney, fee 46.29.050 highway safety fund driving record abstract fee to be deposited in 46.29.050 operating record abstract, fee to be deposited in 46.29.050 use 46.68.060 operating record, abstract to be furnished on request, contents, fee 46.29.050 pilot vehicles, mobile home movements minimum coverage 46.44.180 plates, surrender of, driving privilege suspended 46.29.605 proof of financial responsibility for the future application 46.29.250 bond as proof action on bond 46.29.540 approval 46.29.520 cancellation, consent of department to 46.29.600 cancellation, notice, filing 46.29.520 how given 46.29.520 lien, bond constitutes 46.29.530 other proof may be required 46.29.590 recording 46.29.530 requirements 46.29.520 substitution of proof 46.29.580 cancellation of proof, when permitted 46.29.600 contract provisions 46.29.490 death or incapacity of person of whom proof required 46.29.600 default judgments service of notice required, by department, when 46.29.330 special procedure required for 46.29.330 [RCW Index—page 493] MOTOR VEHICLES defined 46.29.260 duration of requirement 46.29.600 following accident, failure to provide proof of financial responsibility for the future 46.29.440 forgery of proof, penalty 46.29.620 fraudulent proof, penalty 46.29.620 grounds for requiring proof conviction, bail forfeiture, or traffic infraction 46.29.280, 46.29.290, 46.29.300 suspension or revocation of license due to conviction, bail forfeiture, or traffic infraction 46.29.280 how given 46.29.450 insurance as proof binders 46.29.490 cancellation, notice, filing 46.29.490, 46.29.500 certification requirements 46.29.460, 46.29.490 default by carrier not authorized to do instate business, refusal of certificate of carrier in future 46.29.480 employment, insurance of liability due to employees not required 46.29.490 minimum amounts 46.29.490 multiple policies 46.29.490 nonresidents, insurance requirements 46.29.470 other policies not affected 46.29.510 other proof may be required 46.29.590 policy requirements 46.29.490 proration provisions 46.29.490 provisions required 46.29.490 reimbursement of insurer provisions 46.29.490 self-insurance 46.29.630 substitution of proof 46.29.580 workmen’s compensation, insurance of liability under not required 46.29.490 judgments consent by judgment creditor to allow judgment debtor license 46.29.350 copy sent to department 46.29.310 default judgments, proof of service of summons 46.29.310 failure to satisfy, suspension, revocation or refusal of license until paid and proof supplied 46.29.370 installment payments 46.29.400 failure to meet installments 46.29.410 insurance available to pay, effect 46.29.360 nonresidents, against, procedure, exceptions 46.29.320 satisfaction of, sufficient payment to satisfy requirements 46.29.390 service of summons, proof required in default judgments 46.29.310 money or other securities as proof application of deposits 46.29.560 deposit requirements 46.29.550 interest or income, payment to depositor 46.29.560 other proof may be required 46.29.590 substitution of other proof 46.29.580 nonresidents certificates required 46.29.320 failing to satisfy judgment, copy of judgment sent to state of his resident 46.29.320 service of notice when service of process not shown on default judgment 46.29.330 in this state, suspension of license on receipt of copy of out-of-state judgment 46.29.330 operator’s license, returned to department upon suspension or failure to provide proof, penalty 46.29.610 owner of vehicle may give proof for others 46.29.570 persons required to provide 46.29.250 [RCW Index—page 494] refusal to issue license until proof given 46.29.290 security following accident, persons required to do also must provide proof of financial responsibility for the future 46.29.420 self-insurance 46.29.630 state, defined 46.29.270 suspension or revocation of license nonresident’s license 46.29.300 renewal prohibited until proof given 46.29.280 return of license to department, penalty 46.29.610 property damage reporting threshold 46.29.060 purpose of act 46.29.010 registration, defined 46.29.020 relief by other processes not prevented 46.29.640 resident of this state having license suspended or revoked in another state, suspension of license 46.29.180 security following accident adjudication of nonliability, release from requirement 46.29.130 agreement to pay claims, relief from security requirements, suspension upon default 46.29.140 applicability and availability of security deposits 46.29.220 application 46.29.060 bond as security minimum amount 46.29.090 surety company requirements 46.29.090 deposit of security with state treasurer 46.29.210 determination of amount of security required by department 46.29.070 distribution of funds from security deposits 46.29.220 evidence, reports, findings, filing of security not to be used in evidence 46.29.240 exceptions to requirement of security 46.29.080 form and amount of security 46.29.100 information corrected or received, action by department following time 46.29.200 insurance as security company requirements 46.29.090 minimum coverage requirements 46.29.090 judgment defined 46.29.270 payment of from security deposits 46.29.220 payment of releases judgment debtor from security requirements 46.29.150 minimum damage 46.29.060 minors, release by injured minor, effect 46.29.120 nonresidents, suspension of license, transmittal of copy to state of residence 46.29.180 notice of to operator or owner of amount of security required 46.29.070 proof of financial responsibility for the future, persons required to give 46.29.420 reduction of amount of security required 46.29.190 refusal of driver’s license until compliance with chapter 46.29.180 release from liability, effect 46.29.120 relief from security requirements, return of deposits 46.29.160 return of security, grounds for 46.29.230 suspension of driver’s license duration 46.29.170 failure to deposit security 46.29.110 when required 46.29.060 suspension or revocation of license following accident, failure to provide proof of financial responsibility for the future 46.29.430 uniformity of act 46.29.010 Fire department vehicles, red flashing lights for 46.37.184 Fire equipment and apparatus fire hose, crossing 46.61.640 fire hydrants, parking 46.61.570 following fire trucks 46.61.635 parking or stopping near 46.61.635 Firearms carrying loaded pistol in vehicle prohibited 9.41.050 Firemen’s private cars Ch. 46.37 Flag, towing, equipment requirement 46.44.070 Flaggers safety standards 49.17.350 Flaggers, compliance with 46.61.015 Fleet vehicles, See MOTOR VEHICLES, subtitle Reciprocal or proportional registration Fleets operating interstate, highway user tax structure for fees imposed under special size, weight and load permits prorated 46.44.096 size, weight, and load limitations applicable to Ch. 46.44 Forfeiture of vehicle driven by driver under the influence 46.61.5058 Forging or altering certificates of ownership or license registration 46.12.220 Fraud licenses, penalty 46.16.010 Front seat, too many in 46.61.615 Fuel, theft 46.61.740 Fuel containing alcohol, label dispensing device 19.94.505 Fuel dealers and distributors license application information, data base 46.01.340 Fuel quality Ch. 19.112 Fuel tax advisory group 46.01.350 Garbage truck defined 46.04.194 Gasoline, one percent or greater alcohol content label dispensing device 19.94.505 Gasoline, retailer and refiner-supplier relationship Ch. 19.120 General penalty 46.64.050, 46.64.055 Gross weight computation 46.16.111 license fees 46.16.070 vehicle license application 46.16.040 Habitual traffic offenders act alcoholism, drug addiction, stay of license revocation, treatment 46.65.060 departmental findings revocation of operator’s license 46.65.060 habitual offender, defined 46.65.020 period during which license not to be issued habitual offender 46.65.070 petition for restoration of operator’s license after four years 46.65.080 after seven years 46.65.100 reinstatement of driving privilege 46.65.080, 46.65.100 revocation of license procedure 46.65.065 stay authorized 46.65.060 state policy enunciated 46.65.010 transcript or abstract of conviction record certified 46.65.030 hearing, departmental 46.65.030 as prima facie evidence 46.65.030 Handicapped parking free parking 46.61.582 stalls requirements, penalties 46.61.581 Hazard warning lamps 46.37.215 Heavy equipment notice of crossing to railroads 46.61.350 Heavy vehicle use tax, federal payment a prerequisite to registration 46.16.073 (2008 Ed.) MOTOR VEHICLES High occupancy vehicle systems car rental sales and use tax county surcharge on 81.100.060 definitions 81.100.020 employer tax 81.100.030 funds, use of 81.100.080 goals, adoption by counties 81.100.040 high occupancy vehicle account 81.100.070 interlocal agreements 81.100.090 motor vehicle excise tax county surcharge on 81.100.060 purpose 81.100.010 survey of tax use 81.100.050 urban public transportation systems, defined as 81.100.100 Highway construction and maintenance vehicles yielding way to 46.61.215 Highway improvement vehicles operation in construction project areas 46.44.150 Highway safety fund abstract of driving record, fees deposited in 46.29.050 additional license fees to fund, exception 46.16.071 use 46.68.060 Highway-railroad grade crossings, See MOTOR VEHICLES, subtitle Railroad crossings Highways, maximum speed limits 46.61.410 For hire vehicles certificates unprofessional conduct 46.72.100 certificates for duplicates issued if lost or destroyed 46.72.080 fees 46.72.070, 46.72.080 issuance, renewal 46.72.070 new certificate issued if substitution of security 46.72.080 nonresident taxicabs, for 46.72.140 reciprocity exemption 46.72.150 defined 46.04.190, 46.72.010 fees, setting of 46.72.120 for hire operator defined 46.72.010 nonresident taxicab operator as 46.72.130 right of actions against, limitations of recovery 46.72.060 local licensing and regulating 46.72.160 local licensing and regulation 46.72.170 nonresident taxicabs certificates required 46.72.140 reciprocity exemptions 46.72.150 permit required, conditions 46.72.130 fee 46.72.130 disposition of 46.72.110 reciprocity exemption 46.72.150 passengers, carrying without license 46.16.180 permit to operate application 46.72.020 fee 46.72.030 disposition of 46.72.110 nonresident taxicabs, for 46.72.130 reciprocity exemption 46.72.150 refusal, suspension or revocation of, grounds 46.72.100 surety bond required 46.72.040 public liability insurance policy in lieu of 46.72.050 substitution of security 46.72.080 ride sharing exclusion 46.74.020 rules and regulations relating to 46.72.120 stop at railroad crossing 46.61.350 uniform business and professions act 46.72.180 History of vehicle, availability to owner 19.118.170 Hitchhiking 46.61.255 Hours of darkness, defined 46.04.200 HOV lanes, use restrictions 46.61.165 Hulk haulers’ or scrap processors’ licenses (2008 Ed.) definitions 46.79.010 denial, suspension or revocation of license 46.79.070 individual towing not prohibited 46.79.110 inspection of premises and records 46.79.090 certificate 46.79.090 licenses application for form, signature, contents 46.79.030 forwarded with fees 46.79.040 display 46.79.040 fees 46.79.040 issuance 46.79.040 renewal 46.79.030 fee 46.79.050 special license plates 46.79.060 fee 46.79.060 surrender of license 46.79.050 other provisions to comply with act 46.79.100 parts, removal of restricted 46.79.020 rules and regulations 46.79.080 staggered renewal periods 46.79.055 transporting junk vehicles to scrap processor authorized, procedure 46.79.020 unlicensed penalty 46.79.120 Identicards biometric matching system 46.20.037, 46.20.038 Canadian border crossing 46.20.202, 46.20.2021 issuance 46.20.117 negative file 46.20.118 rules and regulations, authority 46.20.119 sexual offender registration requirements notice to persons applying for or renewing 46.20.187 violations relating to display or possession of canceled, revoked, or suspended license or identicard 46.20.338 Ignition interlocks, biological and technical devices alcohol offenses 46.20.710, 46.20.720, 46.20.740, 46.20.745, 46.20.750 definition 46.04.215 Immunity of licensing agents 46.01.310 Impaired driving safety account 46.68.260 Implied consent law alcohol or drug tests for intoxication 46.20.308, 46.20.311, 46.20.3101 blood or breath tests for intoxication immunity from liability for withdrawal of blood 46.61.508 Impoundment auction of unredeemed vehicles 46.55.120, 46.55.130 contaminated property 46.55.117 definitions 46.55.010 immediate notice to law enforcement agency by tow truck operator 46.55.100 immobilization property owners, restrictions 46.55.300 impound notice 46.55.100 law enforcement impound 46.55.075 lien 46.55.140 local ordinances 46.55.240 owner identification 46.55.100 police authority 46.55.113 posting requirements 46.55.070 private impounds, tow truck operator compensation 46.55.037 private person requests, procedure and liability 46.55.080 procedure 46.55.090 public official requests, procedure 46.55.080 redemption procedures 46.55.120 unauthorized vehicle in right of way 46.55.085 unauthorized vehicles notice to owners 46.55.110 Indians assumption of state jurisdiction as to motor vehicle violations 37.12.010 vehicle licensure 46.16.020, 46.16.022 Inspection administration of program 46.32.020 buses, private, common, and contract carriers authorized inspections 46.32.010 damaged vehicles 46.32.070 operating vehicle found defective in equipment 46.32.010 prohibited practices 46.32.050 violations relating to 46.32.010 withholding or securing certificate of license registration and plates of defective vehicles 46.32.010 commercial motor vehicles 46.32.085 commercial vehicles 46.32.080, 46.32.090, 46.32.100 damaged vehicle, when 46.32.070 definitions 46.32.005 fees 46.32.090 free 46.32.040 generally Ch. 46.32 operating vehicle found defective in equipment 46.32.060 repair of equipment, violations relating to 46.32.050 roadblock, stopping vehicle to inspect 46.64.060, 46.64.070 stopping vehicle to inspect 46.64.060, 46.64.070 terminal safety audits of commercial vehicles 46.32.080 violations and penalties, commercial vehicles 46.32.100 violations relating to 46.32.050, 46.32.060 when 46.32.040 Inspection of buses, private, common, and contract carriers administration of program 46.32.020 free 46.32.040 when 46.32.040 Instruction permits age limit, restrictions 46.20.055 motorcycles 46.20.510 Insurance cancellation and nonrenewal 48.18.295, 48.18.296, 48.18.297, 48.18.298, 48.18.299, 48.18.300, 48.18.310, 48.18.320 driver’s license suspension for nonpayment of child support, effect 48.22.140 liability coverage, mandatory financial responsibility, giving false evidence of penalty 46.30.040 insurance identification card 46.30.030 insurance identification card, refusal to produce 46.61.020 insurance or other form of financial responsibility required, violations, exceptions 46.30.020 proof of financial responsibility, duty to present at request of law enforcement officer 46.30.020 liability policy defined 46.29.490 liability policy requirement licensing department, duty to notify public of 46.16.212 minimum coverage 46.29.090 proof of financial responsibility defined 46.29.260 rental car specialty insurance producer license act Ch. 48.115 vendor single-interest or collateral protection coverage, requirements 48.22.110, 48.22.115, 48.22.120, 48.22.125, 48.22.130, 48.22.135 Insurance, See also INSURANCE, subtitle Motor vehicle insurance International registration plan Ch. 46.87 county auditor duties 46.01.040 disposition of license fees 46.68.030 [RCW Index—page 495] MOTOR VEHICLES farm vehicles, gross weight fees 46.16.090 monthly license fee 46.16.135 trailers, commercial fee in lieu 46.16.085 transfer of license plates traffic infraction 46.16.088 trucks, buses, for hire vehicles license fees 46.16.070 Intersection area, defined for highway purposes 46.04.220, 47.04.010 Intersection central area, defined for highway purposes 46.04.240, 47.04.010 Interstate commercial vehicles, single cab cards less than year permits, authorized term, fees 46.88.010 Interstate fleets, highway user tax structure, See MOTOR VEHICLES, subtitle Reciprocal or proportional registration Interval between vehicles 46.61.145 Junk vehicles removal and disposal 46.55.230 Jurisdiction, law generally 46.08.190 Juvenile driving privileges, revocation and reinstatement, alcohol or drug violations 46.20.265 Juvenile driving privileges, revocation for alcohol or drug violations 66.44.365 Juveniles drug, firearms, and alcohol violations, revocation and reinstatement of driving privileges 13.40.265 traffic offenses penalties 13.40.250 traffic violations record forwarded 13.50.200 Kit vehicles certificate of ownership, procedure for issuance 46.12.440, 46.12.450 definition 46.04.251 equipment requirements 46.37.518 licensing 46.16.680 Larceny, See LARCENY, subtitle Motor vehicles Law, generally application to bicycle riders, animal riders or drivers, etc. 46.61.025 director of licensing, powers 46.01.130 exemptions from vehicle operations, provisions 46.61.030, 46.61.035 jurisdiction 46.08.190 liability acts or omissions under chapter 46.12 RCW, state or director of licensing not liable for 46.12.200 nonresident owners and operators, application to 46.08.070 precedence over local law 46.08.020 preemption of field by state 46.08.010 uniformity of application 46.08.020, 46.08.030 Law enforcement sirens required 46.37.190 Lease or rental agreements conversion, destruction, sale, etc., of property subject to, penalty 9.45.060 failure to return property, penalty 9.45.060 Lease or sale emergency medical services fee 46.12.042 Leases, See CONSUMER LEASES; UNIFORM COMMERCIAL CODE, subtitle Leases (Article 2A) Left-hand lane instructions for proper usage 46.20.095 usage 46.61.100 usage instructions required 46.82.430 Legal owner not liable for acts of registered owner 46.12.190 Legal owners list of names unauthorized use, penalty 46.12.370 name and address, release of conditions and limitations 46.12.380 violations, penalties 46.12.390 [RCW Index—page 496] disclosure agreement 46.12.380 violations, penalties 46.12.390 Lemon law Ch. 19.118 Lemon law, return vehicle, tax refund 82.32.065 Length, maximum 46.44.030 License plates abbreviation of "Washington" on prohibited 46.16.235 amateur radio operators 46.16.340, 46.16.350 armed forces plate collection definition 46.16.30921 issuance 46.16.30920 attaching 46.16.240 baseball stadium license plates 46.16.301 campers 46.16.505 college and university emblems material and display requirements 46.16.327 rulemaking authority, director, department of licensing 46.16.335 collegiate license plate, defined 46.04.127 collegiate license plate fund, use for scholarships 28B.10.890 collegiate license plates 46.16.324 Cooper Jones, share the road account 46.16.30929 issuance 46.16.30928 Cooper Jones, share the road plates definition 46.04.62240 Cooper Jones Act emblems 46.04.144, 46.16.333 endangered wildlife definition 46.16.30927 issuance 46.16.30926 fees 46.16.0621 fire fighters and paramedics plates definition 46.04.429 fund 46.16.30902 issuance 46.16.30901 foreign plates, restrictions 46.16.029 furnished 46.16.230 Gonzaga University alumni association account 46.16.30917 definition 46.04.1951 issuance 46.16.30916 helping kids speak plates account 46.16.30904 definition 46.04.196 issuance 46.16.30903 honorary consul, foreign government representatives 46.16.371 keep kids safe definition 46.04.249 issuance 46.16.30913 kit vehicles 46.16.680 law enforcement memorial plates account 46.16.30906 definition 46.04.265 issuance 46.16.30905 license plate technology account 46.16.685 lighthouses, Washington account 46.16.30912 definition 46.04.691 issuance 46.16.30911 national park fund, Washington account 46.16.30919 definition 46.04.692 issuance 46.16.30918 parks and recreation commission definition 46.16.30910 issuance 46.16.30909 personalized application 46.16.565 requirements 46.16.580 costs of program 46.16.605 defined 46.16.560 design 46.16.570 disposition of 46.16.605 registration, penalty 46.16.585 transfer, fee 46.16.590 fees, additional fee to be deposited in state wildlife fund 46.16.606 issuance, registered owner only 46.16.575 registered owner, issuance to 46.16.575 requirements of application 46.16.580 rules and regulations 46.16.600 sale or release of vehicle ownership, transfer or surrender of plates 46.16.595 special plates 46.16.601 pesticide application apparatus 17.21.290 pets, we love our account 46.16.30915 definition 46.04.705 issuance 46.16.30914 prisoners of war deceased, license plate free to spouse or domestic partner 73.04.115 motor vehicle license plate furnished free to 73.04.110 purchased of 46.16.230 reflectorized plates, fee 46.16.237 replacement 46.16.233, 46.16.270 required, exceptions and penalties 46.16.010 retention of current plate number 46.16.233 returned plates, reuse 46.16.295 ride-sharing vehicles 46.16.023 rules, authority 46.16.276 share the road, Cooper Jones account 46.16.30929 definition 46.04.62240 issuance 46.16.30928 ski & ride Washington account 46.16.30923 definition 46.04.62260 issuance 46.16.30922 special license plates application for organizations 46.16.745 applications for individuals 46.16.309 conditions, limitations, and requirements 46.16.305 continuing requirements 46.16.765 design services, fees 46.16.690 disposition of revenues 46.16.755 fees 46.16.313 legislative intent 46.16.700 nonreviewed plates 46.16.775 replacement plates 46.16.316 review board 46.16.705, 46.16.715, 46.16.725 rulemaking authority, director, department of licensing 46.16.335 series continuance 46.16.314 sponsoring organization requirements 46.16.735 Taipei economic and cultural office 46.16.374, 46.16.376 transfer of vehicle, transfer or surrender of plates 46.16.316 standard background 46.16.233 Taipei economic and cultural office 46.16.374, 46.16.376 transfer of plates traffic infraction 46.16.088 veterans, disabled, service-connected, motor vehicle license plate furnished free to 73.04.110 veterans’ and military personnel remembrance emblems 46.16.319 veterans’ remembrance emblems fees 46.16.332 material and display requirements 46.16.327 rulemaking authority, director, department of licensing 46.16.335 wild on Washington definition 46.16.30925 issuance 46.16.30924 wildlife plate collection, Washington definition 46.16.30908 issuance 46.16.30907 Licenses agent and subagent fees, analysis and evaluation 46.01.325 amateur radio operator’s vehicles, for licensee’s services to be utilized 46.16.340 application and renewal 46.16.210 application for original vehicle license contents 46.16.040 (2008 Ed.) MOTOR VEHICLES transmittal of with fees to director 46.16.200 carrying passengers for hire without license unlawful 46.16.180 certificate of ownership prerequisite to issuance 46.12.020 certificate of ownership, See also MOTOR VEHICLES, subtitle Certificate of ownership disabilities, persons with parking placards and license plates 46.16.381, 46.16.390, 46.61.583 driver training schools Ch. 46.82 emission control compliance 46.16.015 emission standards, compliance 46.16.017 expiration 46.16.220 farm vehicles application for exemption identification 46.16.025 defined 46.04.181 fee 46.16.025 identification device for exempt farm vehicles 46.16.025 trip permits 46.16.162 fees, generally additional fees 46.16.071 auto stages maximum gross weight fee 46.16.070 how computed 46.16.111 mileage fees, penalty 46.16.125 seating capacity 46.16.121 department of licensing services account 46.68.220 disposition of 46.68.030 for hire vehicles additional fees 46.16.071 maximum gross weight fees 46.16.070 how computed 46.16.111 mileage fees, penalty 46.16.125 seating capacity fee 46.16.121 license classification, fee upon change in 46.16.280 out-of-state commercial vehicles 46.16.160 stages, for hire vehicles maximum gross weight fee 46.16.070 mileage fees 46.16.125 seating capacity fees 46.16.121 temporary permits 46.16.047 trailers maximum gross weight fees on trailers, semitrailers and pole trailers farm vehicles, excluding fish and forestry products 46.16.090 monthly tonnage license 46.16.135 overloading licensed capacity, additional license fee 46.16.140 trucks, truck tractors maximum gross weight fees on 46.16.070 farm vehicles, excluding fish and forestry products 46.16.090 how computed 46.16.111 monthly tonnage license 46.16.135 overloading licensed capacity, additional license fee 46.16.140 other than gasoline powered maximum gross weight fees 46.16.070 how computed 46.16.111 trucks, truck trailers additional fees 46.16.071 fraud, penalty 46.16.010 horseless carriages, See MOTOR VEHICLES, subtitle Licenses, antique vehicles hulk haulers’ or scrap processors’ licenses, See MOTOR VEHICLES, subtitle Hulk haulers’ or scrap processors’ licenses impaired driving safety account 46.68.260 Indians 46.16.020, 46.16.022 last day of the month, defined 46.16.006 license classification, procedure upon change in 46.16.280 minors unlawful for minor to be registered or legal owner of motor vehicle (2008 Ed.) penalty 46.12.270 unlawful for minor under the age of eighteen years to be registered or legal owner of any motor vehicle 46.12.250 monthly tonnage licenses 46.16.135 national recreation areas, vehicles used in exemption 46.16.0105 nonresident members of armed forces, temporary vehicle license 46.16.460, 46.16.470, 46.16.480, 46.16.490 nonresident exemption reciprocity requirement 46.16.030 nonroadworthy vehicle, state immune from civil liability 46.16.012 operators, See MOTOR VEHICLES, subtitle Drivers’ licenses out-of-state commercial vehicles and combinations 46.16.160 overloading licensed capacity 46.16.140 penalties 46.16.145 parade floats 46.16.048 plates dealer’s and manufacturer’s license plates 46.70.061, 46.70.090 farm vehicles, exempt 46.16.025 firefighter’s private cars, for 46.37.186 identification card required 46.37.187 manufacturer’s plates 46.70.090 motor vehicle transporters, for Ch. 46.76 motor vehicle wreckers Ch. 46.80 special license plates, hulk haulers or scrap processors 46.79.060 surrender, driving privilege suspended 46.29.605 withholding because of defective equipment 46.32.010 private school buses, exemption 46.16.035 publicly owned or leased vehicles assignment of plates 46.16.020 as exempt 46.16.020 refunds of fees erroneously paid 46.68.010 registration certificate, See MOTOR VEHICLES, subtitle Certificate of license registration registration month, defined 46.16.006 registration year, defined 46.16.006 renewal parking fines collected moneys allocated 46.16.216 payment of required 46.16.216 staggered periods 46.16.225 standing, stopping, or parking violations payment required 46.16.216 required, exceptions and penalties 46.16.010 residents required to register 46.16.028 rule-making authority 46.01.110 rules, authority 46.16.276 sale or transfer of vehicle disposition of license plates, certificate on vehicle transfer 46.16.290 special one transit permits 46.16.160 stages, for hire vehicles, sale or transfer of, right to retain load license or seat license 46.16.280 staggered renewal periods 46.16.225 state parks, donation 46.16.076 state preempts field, exception 46.08.010 tabs replacement 46.16.270 vehicle license plates, tabs for renewals 46.16.230 temporary motor vehicle license, nonresident member of armed forces authority to issue 46.16.460 display 46.16.470 exemption from certain taxes on vehicle 46.16.480 fee 46.16.460 proof 46.16.490 rules and regulations for administration 46.16.490 temporary permits authorized 46.16.045 fee 46.16.045 form, contents, fee 46.16.047 issuance by dealers 46.16.045 time of renewal 46.16.220 trailers commercial, fee in lieu 46.16.085 maximum gross weight fees on trailers, semitrailers and pole trailers farm vehicles, excluding fish and forestry products 46.16.090 fish and forestry products excluded from lower rate provision 46.16.090 monthly tonnage license 46.16.135 overloading licensed capacity, additional license fee 46.16.140 sale or transfer of, credit for unused fee 46.16.280 single-axle, fee in lieu 46.16.086 trailing units, permanent plates 46.16.068 trip permits authorized, fees, distribution of proceeds 46.16.160 trucks, truck tractors maximum gross weight fees, house trailer, horse trailer, boat trailer, exception 46.16.111 sale or transfer of, credit for unused fee 46.16.280 vehicle dealer’s, salesmen’s, and manufacturer’s, See MOTOR VEHICLES, subtitle Dealer’s, salesmen’s, or manufacturer’s licenses vehicle licensing fraud account 46.68.250 vehicles in special community events 46.16.048 windshield emblems, replacement of 46.16.270 Lighted materials, unlawful to throw away in forest, brush, range, or grain area during closed season 76.04.455 Lights, See MOTOR VEHICLES, subtitle Equipment requirements Lights or signals tampering with prohibited, penalty 88.08.020 Limited access facilities maximum speed limits 46.61.430 Limited access highways backing prohibited 46.61.605 crossing barriers or divided roadway lines 46.61.150 entrances and exits to be used 46.61.155 lanes, rules for use 46.61.140 maximum speed limits 46.61.410, 46.61.415, 46.61.425 pedestrian restrictions 46.61.160 restrictions on use 46.61.160 slow moving traffic lanes 46.61.140 Limousine service operators, See LIMOUSINE SERVICE OPERATORS; MOTOR VEHICLES, subtitle For hire vehicles; Littering highways 46.61.645, 46.61.655 Load materials, permitting escape of 46.61.655 Lowering passenger vehicles below legal clearance 46.61.680 Manufactured homes certificate of ownership, elimination 46.12.055 Manufactured homes, mobile homes, commercial coaches, recreational vehicles, and park trailers, safety requirements for sale and manufacture compliance 43.22.340 compliance, effect on city and county ordinances 43.22.410 compliance, exceptions 43.22.370 federal standards, enforcement, inspection 43.22.431, 43.22.432 foreign standards, reciprocity 43.22.400 [RCW Index—page 497] MOTOR VEHICLES insignia, fee schedule, exceptions 43.22.350 insignia of approval 43.22.390 inspection, enforcement 43.22.434 out-of-state sales and use, exemptions 43.22.380 plans and specifications 43.22.360 self-certification, procedures 43.22.355 Manufacturers bankruptcy proceedings, notice of 46.70.183 staggered license renewal periods 46.70.085 warranties, responsibilities to consumers Ch. 19.118 Manufacturers and dealers, See MOTOR VEHICLES, subtitle Dealers and manufacturers Manufacturer’s licenses, mobile homes or travel trailers bond, surety, requirement 46.70.075 denial, cancellation, or suspension of license, deficiency in surety bond, for 46.70.075 penalties, surety bond requirements, violation, of 46.70.075 plates, display, limitation on use 46.70.090 violations, bonding requirements 46.70.075 Maximum gross weight license endorsement 46.16.260 Minors certificates of ownership and license registration ownership of motor vehicle by minor penalty 46.12.270 ownership of motor vehicle by minor under the age of 18 unlawful, exception 46.12.250 sale to, illegal 46.12.260 Mobile homes, transporting 46.44.093, 46.76.067 Model traffic ordinance 46.90.005, 46.90.010 Money, See FUNDS; PUBLIC FUNDS Mopeds defined 46.04.304 driver’s license qualification 46.20.500 equipment requirements helmets 46.37.530 operation requirements, limitations 46.61.710 registration 46.16.630 safety standards, federal law, compliance requirement 46.61.720 wheelbase, minimum 46.44.050 wheelchair conveyances in lieu licensing 46.16.640 Motor carriers alcohol and controlled substance testing program 81.04.530 controlled substance and alcohol testing 46.32.100 Motor change registration certificate, correction 46.12.080 Motor freight carriers, See TRANSPORTATION COMPANIES, subtitle Motor freight carriers Motor homes appurtenances on recreational vehicles 46.44.013 highway rest areas, disposal systems additional fee 46.16.063 sanitary disposal systems, rest areas RV account, motor vehicle fund 46.68.170 slow moving vehicles 46.61.427 weight fees 46.17.020 Motor vehicle fund, See PUBLIC FUNDS, subtitle State Motor vehicle transporters license denial, suspension, revocation, grounds for 46.76.065 required 46.76.010 exempted carriers 46.76.010 license required application 46.76.020 certificate of license registration 46.76.030 expiration and renewal date 46.76.050 fees [RCW Index—page 498] original license 46.76.040 renewal fee 46.76.050 license plates 46.76.030 confiscation of authorized 46.76.080 display, nontransferrable 46.76.060 fee 46.76.040 penalties relating to 46.76.080 rules and regulations relating to 46.76.070 staggered license renewal periods 46.76.055 Motor vehicle wreckers fees capacity fee in addition to and in lieu of additional fees 46.16.079 permit to junk vehicle 46.12.230 Motorcycle operator training program 46.20.520 Motorcycle safety education advisory board created 46.20.520 Motorcycles brake requirements 46.37.527 brakes, performance ability 46.37.528 clinging to other vehicles, prohibited 46.61.614 defined 46.04.330 driver’s license for operation of endorsement fee 46.20.505 examination 46.20.130, 46.20.515 instruction permits 46.20.510 rental to person without, penalty 46.20.220 special endorsement 46.20.500 endorsements 46.20.100 equipment requirements exemptions 46.61.613 foot pegs, passengers 46.61.610 handlebars, height 46.61.611 helmets, goggles, face shield 46.37.530, 46.37.535 mirrors 46.37.530 mufflers modification prohibited 46.37.390 passengers, foot pegs 46.61.610 foot pegs, passengers 46.61.610 handlebars, height 46.61.611 head lamp requirements 46.37.523 helmets, goggles, face shield 46.37.530, 46.37.535 horns 46.37.539 licensing of Ch. 46.16 lights, head and tail, lighted, when 46.37.020 lights on requirements 46.37.522 mirrors 46.37.530, 46.37.539 mopeds, excluded from 46.04.330 motor change registration certificate, correction 46.12.080 motorcycle safety education account created 46.68.065 mufflers 46.37.539 modification prohibited 46.37.390 operating on roadways laned for traffic 46.61.608 passengers foot pegs 46.61.610 number, seating 46.61.610 rental equipment 46.37.535 license 46.20.220 riding on seat required 46.61.610 speed restrictions 46.61.460 tail lamps, reflectors, stop lamps 46.37.525 tires 46.37.539 Motor-driven cycles brake requirements 46.37.527 brakes, performance ability 46.37.528 braking system inspection 46.37.529 dealer’s licenses, See MOTOR VEHICLES, subtitle Dealer’s, salesmen’s, or manufacturer’s licenses defined 46.04.332 driver’s license for operation of endorsement fee 46.20.505 examination 46.20.130, 46.20.515 special endorsement 46.20.500 equipment requirements helmets, goggles, face shield 46.37.530, 46.37.535 mirrors 46.37.530 mufflers modification prohibited 46.37.390 head lamp requirements 46.37.523, 46.37.524 helmets, goggles, face shield 46.37.530, 46.37.535 horns 46.37.539 licensing of Ch. 46.16 lights, head and tail, lighted, when 46.37.020 lights on requirements 46.37.522 mirrors 46.37.530, 46.37.539 mopeds, not included 46.04.332 mufflers 46.37.539 modification prohibited 46.37.390 speed restrictions 46.61.460 tail lamps, reflectors, stop lamps 46.37.525 tires 46.37.539 Motorized foot scooters defined 46.04.336 requirements and operation 46.61.710 Motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 Muffler defined 46.04.340 Mufflers cut-out, bypass or similar device, use of 46.37.390 requirements 46.37.390 Municipal transit vehicle conduct on, unlawful 9.91.025 defined 46.04.355 Museum, historic automobile sales and use tax deferral 82.32.580 Natural gas, compressed motor vehicle refueling stations declaration of public interest 80.28.280 identification of barriers to development 80.28.290 Negative file, photographs from drivers’ licenses and identicards 46.20.118 Negligent driving first degree 46.61.5249 second degree 46.61.525 Negligent homicide by motor vehicle drugs, defined 46.61.540 not affected by premeditation requirement in Criminal Code 9A.32.020 Neighborhood electric vehicles defined 46.04.357 requirements and operation 46.61.725 New car warranties Ch. 19.118 New motor vehicle arbitration boards 19.118.080, 19.118.090, 19.118.095, 19.118.100, 19.118.110, 19.118.160 Noise control, rules, violations, penalties 70.107.070 Nonresident defined 46.04.360 Nonresident members of armed forces, temporary vehicle licenses 46.16.460, 46.16.470, 46.16.480, 46.16.490 Nonresident violator compact Ch. 46.23 Nonresidents to post bond, security, or bail for violations 46.64.015, 46.64.035 Obedience to and effect of traffic laws animals, persons riding or driving, application of laws to 46.61.025 court, refusing to produce license or certificate to 46.61.020 display of license to officer 46.61.020 emergency vehicles, exemptions from laws, conditions 46.61.035 examination of licenses, certificates and equipment by officer 46.61.020 flaggers, compliance with 46.61.015 information, refusal to give to officer 46.61.020 licenses and certificates, display to officer 46.61.020 police officers, fire fighters, compliance with 46.61.015 (2008 Ed.) MOTOR VEHICLES refusal to give information to or cooperate with peace officer 46.61.020 weighing vehicle, refusal 46.61.020 work on highways, persons and equipment engaged in, application of laws to 46.61.030 Obedience to law enforcement officer’s orders, duty 46.61.021 Obscuring identity of a machine 9A.56.180 Obstructing driver’s view or mechanism 46.61.615, 46.61.665 Odometer disclosure statement when required, contents 46.12.124 Odometers, tampering with 46.37.540 exemptions, civil and criminal penalties 46.37.550, 46.37.560, 46.37.570, 46.37.590 Off-road and nonhighway vehicles age restrictions persons under thirteen 46.09.117 application, chapter 46.09.010 authorized and prohibited uses 46.09.115 certificate of ownership for title purposes only 46.12.045 crimes related to 46.09.120, 46.09.130 dealers, permits, fees, number plates, violations 46.09.080, 46.09.085 definitions generally 46.09.020 nonhighway vehicle 46.09.020 nonhighway vehicle fuel, defined 46.09.150 ORV 46.09.020 enforcement 46.09.200 moneys distribution of 46.09.110 motor vehicle fund distribution 46.09.170 motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 nonhighway and off-road vehicle activities program account 46.09.165 nonhighway vehicle fuel defined 46.09.150 no refund of fuel excise tax for such use 46.09.150 ORV moneys administration and distribution 46.09.240 outdoor recreation account administration and distribution 46.09.240 penalties civil liability 46.09.190 general penalty 46.09.190 operating violations 46.09.130 private lands, permission necessary to enter upon 46.09.010 projects, applications for funds, hearing procedure 46.09.240 registration exempted vehicles 46.09.050 as prerequisite to operation 46.09.040 time limitation on dealers 46.09.080 regulations by local political subdivisions, state agencies 46.09.180 statewide plan for distribution of funds 46.09.250 title application dealer to apply within fifteen days following sale 46.09.080 traffic infractions 46.09.120 use permits annual, temporary 46.09.070 application and issuance 46.09.070 exempted vehicles 46.09.050 fees 46.09.030, 46.09.070 issuance 46.09.030 prerequisite to operation 46.09.040 violations, operating 46.09.120, 46.09.130 penalties 46.09.130, 46.09.190 Open alcohol containers disguising prohibited 46.61.5195 driver or passenger may not have, exceptions 46.61.519, 46.61.5191 Operators’ licenses, See MOTOR VEHICLES, subtitle Drivers’ licenses (2008 Ed.) Outside vehicle, carrying persons or animals on 46.61.660 Oversize or overweight vehicle permits overall width limits, exceptions 46.44.092 Overtaking and passing approaching another vehicle from opposite direction 46.61.105 bridge, intersection, railroad crossing 46.61.125 exceeding speed limit to pass slower moving vehicle 46.61.425 giving way by overtaken traffic 46.61.110 left side, passing on 46.61.110 left side of center line, limitations on crossing to pass 46.61.120, 46.61.125 no-passing zones 46.61.130 right side, when passing on permitted 46.61.115 roadways laned for traffic, passing on 46.61.140 school buses 46.61.370 speed, overtaken traffic not to increase speed 46.61.110 trailers, vehicles drawing 46.61.145 trucks 46.61.145 Owner’s manual required 19.118.031 Ownership certificate, See MOTOR VEHICLES, subtitle Certificate of ownership Oxygenated petroleum products label or notice requirements 19.94.505 Park trailer or park model trailer defined 46.04.622 Parking elevators, See ELEVATORS, ESCALATORS AND DUMBWAITERS Parking or standing angle parking 46.61.575 brake, setting 46.61.600 dangerous places, traffic control devices prohibiting 46.61.575 disabilities, persons with reserved privilege 46.16.381 special plates, disabled parking versions 46.16.385 driveway entrances 46.61.570 fire hydrants, proximity of 46.61.570 leaving children unattended in vehicle 46.61.685 locking vehicle 46.61.600 main-traveled part of highway 46.61.560 moving parked car, rule 46.61.300 parallel parking 46.61.575 parking facilities use and control of 46.61.577 prohibited places specified 46.61.570 public transit vehicles 46.61.560 railroad tracks 46.61.570 removing key 46.61.600 reserving portion of highway for, prohibited 46.61.570 sidewalks 46.61.570 solid waste collection and recycling vehicles 46.61.560 starting parked car, rules 46.61.300 turn signal not to be flashed on parked vehicle, exception 46.61.305 turning wheels to curb or side of highway 46.61.600 unattended vehicle removal duty 46.61.590 rules 46.61.600 watching or guarding parked vehicle, soliciting fee for prohibited 46.61.255 winter recreational parking areas penalty for violations 46.61.587 special permit required 46.61.585 Passing lane, multilane highways 46.61.100 Pedestrians approaching pedestrians with white cane, dog guides, or service animals driver responsibilities and liabilities 70.84.040 crossing at other than crosswalks, duties and liabilities 46.61.240 crosswalks crossing at other than, pedestrian to yield 46.61.240 stopping for, care for own safety 46.61.235 defined for highway purposes 46.04.400, 47.04.010 drivers to use care as to 46.61.245 driveway, alley or building, emerging vehicle to yield to 46.61.365 employment, soliciting by standing in roadway, prohibited 46.61.255 hitchhiking 46.61.255 under the influence of alcohol or drugs 46.61.266 passing beyond bridge or grade crossing barrier 46.61.269 pedestrian control signals 46.61.060 restrictions on use of limited-access roadways 46.61.160 right of way on sidewalk 46.61.261 safety zones, driving through 46.61.260 sidewalks, pedestrians to use 46.61.250 soliciting rides 46.61.255 subject to traffic regulations 46.61.126, 46.61.230 walking along roadway, facing traffic 46.61.250 watching or guarding of parked vehicles, soliciting prohibited 46.61.255 white cane law 70.84.040 yield right of way to emergency vehicles 46.61.264 Permits interstate commercial vehicles, less than year permit, application, fee, term 46.88.010 parade floats 46.16.048 size, weight, and load limits enforcement 46.44.105 violations and penalties 46.44.105 vehicle license, temporary permit in lieu of 46.16.045, 46.16.047 vehicles in special community events 46.16.048 wrecked vehicles, permit to junk 46.12.230 Personalized license plates application 46.16.565 requirements 46.16.580 costs of program 46.16.605 defined 46.16.560 design 46.16.570 disposition of 46.16.605 registration and renewal, penalty 46.16.585 transfer, fee 46.16.590 issuance, registered owner only 46.16.575 requirements for application 46.16.580 rules and regulations 46.16.600 sale or release of vehicle ownership, transfer or surrender of plates 46.16.595 special plates 46.16.601 transfer or surrender of plates upon sale or release of vehicle ownership 46.16.595 Pesticide application apparatus license plate as identification 17.21.290 Physical control of vehicle while under the influence of liquor or drugs what constitutes 46.61.504 Plates display, limitations on use 46.70.090 surrender, driving privilege suspended 46.29.605 Plates, See also MOTOR VEHICLES, subtitle Licenses Playground crosswalks, speed limits 46.61.440 Port district property, regulation on 53.08.230 Preemption of field by state, law, generally 46.08.010 Presumptions traffic control devices, validity 46.61.050 Prisoners of war, license plate furnished free to 73.04.110 Private carrier bus [RCW Index—page 499] MOTOR VEHICLES defined 46.04.416 flashing light 46.37.190 overtaking or meeting 46.61.375 stop signal 46.37.190 stopping at railroad crossing 46.61.350 Private carriers driver qualifications 46.73.010 rule-making conditioned on federal funds 46.73.020 traffic infraction 46.73.030 Property tax, exemption 84.36.595 Proportional registration, international registration plan alteration or forgery of cab card or letters of authority, penalty 46.87.260 applicability, implementation 46.87.010 application, each fleet 46.87.140 apportionment of fees, formula 46.87.060 audit of records 46.87.310 audits, investigations, subpoenas 46.87.320 bankruptcy filing, notification by licensee 46.87.410 county auditor duties 46.01.040 definitions 46.87.020 delinquencies collection, seizure, sale 46.87.360 collection by attorney general 46.87.380 default judgments 46.87.350 department relationship with other jurisdictions 46.87.240 deposit of fees 46.87.050 disposition of license fees 46.68.030 effect of other registration 46.87.280 farm vehicles, gross weight fees 46.16.090 federal heavy vehicle use tax 46.87.200 fleet vehicles, conditions on 46.87.180 gross weight computation 46.87.220 gross weight on vehicle 46.87.270 immunity for licensure of nonroad worthy vehicle 46.87.400 license plate replacement, cab card, validation tabs, apportioned vehicles 46.87.090 lien nonpayment of assessments 46.87.340 warrant for final assessment 46.87.370 mileage data for applications 46.87.120 monthly license fee 46.16.135 overpayment, underpayment, correction 46.87.150 part-year registration, credit for unused fees 46.87.030 penalties and refunds 46.87.310 penalty assessments 46.87.330 mitigation of 46.87.335 purchase of additional gross weight 46.87.040 record preservation 46.87.310 refusal, cancellation of cab card or registration 46.87.290 refusal of application from nonreciprocal jurisdiction 46.87.210 refusal of registration 46.87.200 refusal under federal prohibition 46.87.294 remedies cumulative 46.87.390 rental trailers and converter gears portion to be registered in state 46.87.022 special license plates, cab cards, validation tabs 46.87.080 suspension, revocation, cancellation, refusal, appeal of 46.87.300 suspension, revocation with federal prohibition 46.87.296 suspension or cancellation of benefits 46.87.190 trailers, commercial fee in lieu 46.16.085 trailers, semitrailers, and pole trailers reciprocity 46.87.070 transaction fee 46.87.130 transfer of license plates traffic infraction 46.16.088 trucks, buses, for hire vehicles license fees 46.16.070 [RCW Index—page 500] unlawful acts or omissions, responsibility for 46.87.230 vehicles to be titled in owner’s name 46.87.025 warrant for final assessment 46.87.370 Proportional registration, See MOTOR VEHICLES, subtitle Reciprocal or proportional registration Prowling, defined first degree 9A.52.095 second degree 9A.52.100 Public transit vehicles disabled vehicle stopping on highway prohibition inapplicable 46.61.560 Public utilities, repair equipment for, maximum height requirement not to apply to 46.44.020 Publicly owned vehicles confidential license plates 46.08.066 marking requirements, exceptions 46.08.065 remarking of previously marked vehicles 46.08.068 violations of license plate or marking requirements 46.08.067 Qualified probation department defined 46.61.516 Railroad, defined for highway purposes 46.04.440, 47.04.010 Railroad crossings dangerous crossings, stop mandatory 46.61.345 driving to left of center line when approaching prohibited 46.61.125 explosives trucks, stopping at 46.61.350 flashing traffic signal section not applicable to 46.61.065 heavy equipment notice of intended crossing 46.61.350 rules for stopping and moving across 46.61.355 for hire vehicles, stopping at 46.61.350 inflammable material truck, stopping at 46.61.350 interference with signs or signals 46.61.080 parking or stopping on tracks or near crossing 46.61.570 private carrier buses, stopping at 46.61.350 school buses, stopping at 46.61.350 shifting gears on special vehicles after stopping and starting 46.61.350 speed restrictions 46.61.400 stop required when signal given or train approaching 46.61.340 Rebuilt vehicles certificate of ownership 46.12.075 Reciprocal or proportional registration act construed as part of motor vehicle registration law 46.85.900 agreement, arrangements or declarations of reciprocity base state registration reciprocity 46.85.050 agreements, arrangements or declarations of reciprocity automatic reciprocity, when 46.85.080 contents 46.85.040 filing 46.85.100 granting of benefits, privileges or exemptions from taxes, fees, or charges 46.85.040 lessees of vehicles 46.85.070 reciprocity 46.85.040 standards 46.85.040 suspension of reciprocity benefits 46.85.090 base state registration reciprocity 46.85.050 continuation of prior agreements, arrangements and declarations 46.85.110 declaration of exemptions, benefits and privileges 46.85.060 declaration of policy 46.85.010 declarations of reciprocity by department in absence of agreement 46.85.060 definitions 46.85.020 reciprocity 46.85.030 Reckless driving defined 46.61.500 embracing another while driving 46.61.665 exceeding speed limit evidence of 46.61.465 gross misdemeanor 46.61.500 racing vehicles as 46.61.530 revocation of license 46.20.285, 46.20.286 suspension of license 46.61.500 vehicular assault 46.61.522 Records vehicle data base, dissemination 46.70.051 Records of juvenile traffic violations, furnishing to juvenile courts 46.20.293 Records relating to convictions, findings, records kept 46.52.100 destruction 46.01.260 destruction of by county auditors 46.01.270 juvenile traffic violations, furnishing to parents and guardians 46.20.293 lists of registered and legal owners, availability 46.12.370 negative file, photographs taken for drivers’ licenses and identicards 46.20.118 traffic charges, record of 46.52.101 transactions, dealer record of 46.70.120 Recreational vehicles sanitary disposal systems, rest areas RV account, motor vehicle fund 46.68.170 Reflective warning devices placed on cars broken down on shoulder 46.37.450 Refueling services for disabled drivers 49.60.360 Refusal to issue certificate of ownership or license registration 46.12.160 Registered owner, legal owner not liable for the acts of 46.12.190 Registered owners allowing unauthorized persons to drive, penalty 46.16.011 change of notified of outstanding parking fines 46.16.216 list of names unauthorized use, penalty 46.12.370 name and address, release of conditions and limitations 46.12.380 violations, penalties 46.12.390 disclosure agreement 46.12.380 violations, penalties 46.12.390 Registration campers 46.12.280 commercial vehicles 46.16.615 credit or debit cards, payment of fees 46.01.235 federal heavy vehicle use tax, payment a prerequisite 46.16.073 mobile homes 46.12.290 national recreation areas, vehicles used in exemption 46.16.0105 renewal county auditor as agent to process mail-in renewals 46.01.230 residents required to register 46.16.028 seat belts, shoulder harnesses, required on new vehicles before registration 46.37.510 Registration, See also MOTOR VEHICLES, subtitle Reciprocal or proportional registration certificate of license registration, See MOTOR VEHICLES, subtitle Certificate of license registration Removal of vehicles from highway state patrol duties and authority 46.55.115 Rental car businesses defined 46.04.466 enforcement of regulations 46.87.023 registration 46.87.023 title 46.87.023 Rental cars defined 46.04.465 rental car specialty insurance producer license act Ch. 48.115 taxation 82.08.0201 (2008 Ed.) MOTOR VEHICLES Rental of mopeds helmet requirements 46.37.535 motorcycles equipment requirements 46.37.390 helmet requirements 46.37.535 license requirements 46.20.220 motor-driven cycles helmet requirements 46.37.535 records required 46.20.220 traffic infractions 46.63.073 unlawful rental 46.20.220 Rental or lease agreements conversion, destruction, sale, etc., of property subject to, penalty 9.45.060 failure to return property, penalty 9.45.060 Repair, automotive, See also AUTOMOTIVE REPAIR Repairs, restorations or alterations failure to keep report on source of major parts violations, penalties 46.52.090 Reports accident reports confidential 46.52.080 contents 46.52.030 coroners to submit blood samples to state toxicologist admissibility as evidence, civil, criminal actions 46.52.065 analysis, availability 46.52.065 evidence 46.52.080 factual data, availability to interested parties 46.52.083 false information, prohibited 46.52.088 fee for written information 46.52.085 information required for 46.52.080 suspension of license or permit for failure to make 46.52.035 tabulation and analysis of, use 46.52.060 when 46.52.020, 46.52.030 when driver disabled 46.52.040 coroner’s reports of death by vehicle accident 46.52.050 motor vehicle driver’s case record 46.52.120 motor vehicle driver’s record abstract to be furnished upon request, to whom, fee 46.29.050 access 46.52.130 contents 46.52.130 repairs, restorations or alterations required of 46.52.090 traffic charges, record of 46.52.100, 46.52.101 Repossession secured party’s right to take possession after default 62A.9A-609 Resident defined 46.16.028 Retail installment contract 63.14.043 service charge maximum 63.14.130 Revenue, deposition of freight mobility investment account 46.68.300 Revenue, disposition of disposition as refunds vehicle license fees and fuel tax 46.68.080 fees for certificates of ownership 46.68.020 freight congestion relief account 46.68.330 generally Ch. 46.68 ignition interlock device revolving account 46.68.340 multimodal account, transportation infrastructure account annual transfers 46.68.135 transportation partnership account 46.68.290, 46.68.295 vehicle license fees 46.68.030 Revocation dealer’s and manufacturer’s licenses 46.70.102 operating vehicle when driver’s license has been suspended, revoked or canceled 46.20.345 Revoke, defined 46.04.480 (2008 Ed.) Ride sharing business and occupation tax exemption 82.04.355 commuter ride sharing definitions 46.74.010 excluded from for hire vehicle laws 46.74.020 grant program 70.94.996 operator liability, limited immunity 46.74.030 regulatory exemptions 46.74.030 standard of care, requirement 46.74.030 persons with special transportation needs defined 46.74.010 Ride sharing, See also URBAN TRANSPORTATION SYSTEMS Ride-sharing vehicles special license plates 46.16.023 Right of way arterial highways, stopping on entering 46.61.195 emergency vehicles, giving way to, stopping 46.61.210 entering highway from private road or driveway 46.61.205 highway construction and maintenance vehicles yielding way to 46.61.215 intersections stop or yield signs 46.61.190 yield to vehicle on right 46.61.180 nonfunctioning signal lights 46.61.183 pedestrians on sidewalk 46.61.261 yield to emergency vehicles 46.61.264 right of way rule at intersections 46.61.180 stop sign intersections other than arterial, designation 46.61.200 rules 46.61.200 transit vehicles 46.61.220 when entering intersection will obstruct cross traffic 46.61.202 yield to vehicle on right at intersections 46.61.180 yielding when turning left 46.61.185 Right side of roadway approaching another vehicle from opposite direction 46.61.105 divided roadways 46.61.150 driving on right side required, exceptions 46.61.100 driving slower than legal maximum speed, or speed slower than necessary for safe operation, exception 46.61.100 rotary traffic islands 46.61.135 Roadway construction area speeding 46.61.527 Roadway use caravans, spacing vehicles 46.61.145 divided roadways, crossing barrier or lines 46.61.150 following too close 46.61.145 funeral processions 46.61.145, 46.61.160 limited access roadways, restrictions on use of 46.61.160 one-way traffic roadways 46.61.135 restricted access, entrances and exits to be used 46.61.155 restrictions on use of limited-access roadways 46.61.160 roadway laned for traffic, rules for use 46.61.140 rotary traffic islands, passing to right of 46.61.135 slow moving traffic lanes 46.61.140 three-lanes 46.61.140 Rule-making authority 46.01.110, 46.01.115 Rules of the road advertising unlawful speed attained, reckless driving 46.61.535 arterial highways city streets, designation 46.61.195 designation of 46.61.195 stop and yield signs, erection by local authorities 46.61.195 stopping before entering 46.61.195 backing limited access highway, backing prohibited 46.61.605 safety rule for 46.61.605 bicycles and play vehicles brakes 46.61.780 carrying articles, one hand on bars 46.61.775 clinging to vehicles 46.61.765 general penalty for violations 46.61.750 hand signals 46.61.758 "hitching on" to vehicles 46.61.765 lighting 46.61.780 no hands on bars 46.61.775 number of persons riding on 46.61.760 one way roads 46.61.770 paths for bicycles to be used 46.61.770 reflectors 46.61.780 regulations, where applicable 46.61.750 restrictions on use of limited-access roadways 46.61.160 rules of the road for 46.61.770 seat, person propelling to ride on 46.61.760 traffic laws applicable to 46.61.126, 46.61.755 two abreast on roadways, not more than 46.61.770 brakes bicycles 46.61.780 coasting prohibited 46.61.630 bridges speed restrictions 46.61.450 tolls facilities, violations 46.61.690 campers, slow moving 46.61.427 center line left side of, limitations 46.61.120, 46.61.125 limitations on crossing to pass 46.61.120, 46.61.125 children or wards leaving unattended in vehicle 46.61.685 parent or guardian not to authorize or permit violations by child or ward 46.61.700 coasters, See MOTOR VEHICLES, subtitle Rules of the road, bicycles and play vehicles coasting prohibited 46.61.630 crimes embracing another while driving 46.61.665 litterbugging 46.61.645 negligent homicide by motor vehicle drugs defined 46.61.540 physical control of vehicle under the influence of liquor or drugs 46.61.504 reckless driving 46.61.500 crosswalks parking in prohibited 46.61.570 pedestrians and bicyclists 46.61.235 playgrounds, speed limits 46.61.440 school, speed limits 46.61.440 curves, reduction of speed 46.61.400 debris, littering highways 46.61.645, 46.61.655 penalty 46.61.645, 46.61.655 disabled vehicle stopping on highway prohibition inapplicable 46.61.560 turn signal not to be flashed, exception 46.61.305 doors, opening and closing rules 46.61.620 driving on lane direction control signals legend 46.61.072 right side of roadway, exceptions 46.61.100 sidewalk prohibited 46.61.606 electric personal assistive mobility device 46.61.710 electric vehicles, medium-speed 46.61.723 electric-assisted bicycles 46.61.710 embracing another while driving 46.61.665 emergency vehicles approaching stationary emergency vehicle 46.61.212 [RCW Index—page 501] MOTOR VEHICLES audible signals, when necessary 46.61.035 exemptions from traffic laws 46.61.035 operation of vehicles on approach of 46.61.210 permissible actions 46.61.035 standard of care 46.61.035 yielding way to 46.61.210, 46.61.212 emerging from alley, driveway, etc., across sidewalk area 46.61.365 fire equipment and apparatus fire hose, crossing 46.61.640 fire hydrants, parking in proximity of 46.61.570 following fire trucks 46.61.635 parking or stopping in proximity of 46.61.635 flaggers, compliance with 46.61.015 front seat, passengers so numerous or seated as to obstruct driver’s view or mechanism 46.61.615, 46.61.665 glass, throwing on highway 46.61.645 heavy equipment movement at railroad crossing, notice 46.61.350 highway construction and maintenance vehicles yielding of right of way to 46.61.215 highway-railroad grade crossings, See MOTOR VEHICLES, subtitle Rules of the road, railroad crossings for hire vehicles, stop at railroad crossings 46.61.350 hitchhiking 46.61.255 interval between vehicles 46.61.145 law enforcement officers order, duty to obey 46.61.021 left turns 46.61.290 left-hand lane instructions for proper usage 46.20.095 left-hand lane usage 46.61.100 limited access highways assistance vans may stop 47.52.120 backing on prohibited 46.61.605 crossing barriers or divided roadway lines 46.61.150 entrances and exits to be used 46.61.155 lanes, rules for use 46.61.140 maximum speed limits 46.61.410, 46.61.415, 46.61.425, 46.61.430 pedestrian restrictions 46.61.160 restrictions on use 46.61.160 slow moving traffic lanes 46.61.140 violations relating to 47.52.120 littering highways 46.61.645, 46.61.655 penalty 46.61.645, 46.61.655 load materials, permitting escape of 46.61.655 lowering passenger vehicles below legal clearance 46.61.680 maximum speed limits 46.61.410, 46.61.430 mopeds registration, operating requirements, limitations 46.61.710 safety standards, federal law, compliance requirement 46.61.720 motor homes, slow moving 46.61.427 motorcycles clinging to other vehicles, prohibited 46.61.614 operating on roadways laned for traffic 46.61.608 passengers, number, seating 46.61.610 riding on seat required 46.61.610 speed restrictions 46.61.460 motorized foot scooters requirements and operation 46.61.710 negligent driving first degree 46.61.5249 second degree 46.61.525 neighborhood electric vehicles requirements and operation 46.61.725 nonfunctioning signal lights 46.61.183 obedience to, effect of traffic laws animals, persons riding or driving, application of laws to 46.61.025 [RCW Index—page 502] court, refusing to produce license or certificate to 46.61.020 display of license to officer 46.61.020 emergency vehicles audible signals, when necessary 46.61.035 exemptions from laws, conditions 46.61.035 examination of licenses, certificates and equipment by officer 46.61.020 flaggers, compliance with 46.61.015 information, refusal to give to officer 46.61.020 licenses and certificates, display to officer 46.61.020 police officers, fire fighters, compliance with 46.61.015, 46.61.020 refusal to give information to or cooperate with peace officer 46.61.020 weighing vehicle, refusal 46.61.020 work on highways, persons and equipment engaged in, application of laws to 46.61.030 obstructing driver’s view or mechanism 46.61.615, 46.61.665 outside vehicle, carrying persons or animals on 46.61.660 overtaking and passing approaching another vehicle from opposite direction 46.61.105 approaching bridge, intersection, railroad crossing 46.61.125 exceeding speed limits to pass slower moving vehicle 46.61.425 giving way by overtaken traffic 46.61.110 left side, passing on 46.61.110 left side of center line, limitations on crossing to pass 46.61.120, 46.61.125 no-passing zones 46.61.130 private carrier buses 46.61.375 right side, when passing on permitted 46.61.115 roadways laned for traffic, passing on 46.61.140 school buses 46.61.370 slow moving vehicles 46.61.427 speed, overtaken traffic not to increase speed 46.61.110 trailers, vehicles drawing 46.61.145 trucks 46.61.145 parking or standing angle parking 46.61.575 brake, setting 46.61.600 dangerous places, traffic control devices prohibiting 46.61.575 driveway entrances 46.61.570 fire hydrants, proximity of 46.61.570 leaving children unattended in vehicle 46.61.685 locking vehicle 46.61.600 main-traveled part of highway 46.61.560 moving parked car, rule 46.61.300 parallel parking 46.61.575 prohibited places specified 46.61.570 railroad tracks 46.61.570 removing key 46.61.600 starting parked car, rules 46.61.300 turn signal not to be flashed on parked vehicle, exception 46.61.305 turning wheels to curb or side of highway 46.61.600 unattended vehicle, rules 46.61.600 watching or guarding parked vehicle, soliciting fee for prohibited 46.61.255 pedestrian passing beyond bridge or grade crossing barrier 46.61.269 pedestrians crossing at other than crosswalks, duties and liabilities 46.61.240 crosswalks right of way 46.61.235 drivers to use care as to 46.61.245 driveway, alley or building, emerging vehicle to yield to 46.61.365 employment, soliciting by standing in roadway, prohibited 46.61.255 hitchhiking 46.61.255 pedestrian control signals 46.61.060 restrictions on use of limited-access roadways 46.61.160 safety zones, driving through 46.61.260 sidewalks, pedestrians to use 46.61.250 soliciting rides 46.61.255 subject to traffic regulations 46.61.126, 46.61.230 walking along roadway, facing traffic 46.61.250 watching or guarding of parked vehicles, soliciting prohibited 46.61.255 pedestrians’ right of way on sidewalk 46.61.261 pedestrians under the influence of alcohol or drugs 46.61.266 physical control of vehicle while under the influence what constitutes 46.61.504 physical control of while under the influence defenses 46.61.504 playground crosswalks, speed limits 46.61.440 presumptions traffic control devices, validity 46.61.050 private carrier buses, stopping at 46.61.350 pull off roadway, when required 46.61.427 pursuit by police eluding, penalty 46.61.022, 46.61.024 racing vehicles on highways, reckless driving 46.61.530 railroad crossings dangerous crossings, stop mandatory 46.61.345 driving to left of center line when approaching prohibited 46.61.125 explosives trucks, stopping at 46.61.350 flashing signal section not applicable to 46.61.065 heavy equipment movement 46.61.350, 46.61.355 for hire vehicles, stopping at 46.61.350 inflammable material truck, stopping at 46.61.350 interference with signs or signals 46.61.080 parking or stopping on tracks or near crossing 46.61.570 private carrier busses, stopping at 46.61.350 school buses, stopping at 46.61.350 shifting gears on special vehicles after stopping and starting 46.61.350 speed restrictions 46.61.400 stop required when signal given or train approaching 46.61.340 reckless driving defined 46.61.500 embracing another while driving 46.61.665 exceeding speed limit evidence of 46.61.465 racing vehicles as 46.61.530 revocation of license 46.20.285, 46.20.286 suspension of license 46.61.500 recreational vehicles, slow moving 46.61.427 right of way approaching stationary emergency vehicle 46.61.212 arterial highways, stopping on entering 46.61.195 emergency vehicles, giving way to, stopping 46.61.210 entering highway from private road or driveway 46.61.205 intersections 46.61.190 yield to vehicle on right 46.61.180 right of way rule at intersections 46.61.180 stop sign intersections other than arterial, designation 46.61.200 rules 46.61.200 when entering intersection will obstruct cross traffic 46.61.202 (2008 Ed.) MOTOR VEHICLES yield to vehicle on right at intersections 46.61.180 yielding when turning left 46.61.185 right side of roadway approaching another vehicle from opposite direction 46.61.105 divided roadways 46.61.150 driving on right side required, exceptions 46.61.100 driving slower than legal maximum speed or at a speed slower than necessary for safe operation 46.61.100 rotary traffic islands 46.61.135 right turns 46.61.290 roadway construction area speeding 46.61.527 roadway use caravans, spacing vehicles 46.61.145 divided roadways, crossing barrier or lines 46.61.150 following too close 46.61.145 funeral processions 46.61.145, 46.61.160 limited access roadways, restrictions on use of 46.61.160 one-way traffic roadways 46.61.135 restricted access, entrances and exits to be used 46.61.155 restrictions on use of limited-access roadways 46.61.160 roadway laned for traffic, rules for use 46.61.140 rotary traffic islands, passing to right of 46.61.135 slow moving traffic lanes 46.61.140 three-lanes 46.61.140 school buses design, markings, mode of operation 46.61.370, 46.61.380 overtaking and meeting, duties of vehicle driver 46.61.370 railroad crossings, stopping at 46.61.350 rules of design, markings, mode of operation 46.61.380 stopping when overtaking or meeting, exceptions 46.61.370 violators of bus stop sign laws law enforcement investigation 46.61.372 report by bus driver 46.61.372 vehicle driver identification by vehicle owner 46.61.371 school crosswalks, speed restrictions 46.61.440 school patrol appointment, authority, finances, insurance 46.61.385 obedience of drivers to directions of 46.61.385 seat belts, shoulder harnesses, required before sale or registration of vehicle 46.37.510 shoulder driving, permitted, when 46.61.428 sidewalks parking or standing on 46.61.570 pedestrians to use 46.61.250 slow moving vehicles 46.61.427 speed restrictions auto stages 46.61.405, 46.61.410 basic rule and maximum limits 46.61.400 bridges, speed restrictions 46.61.450 city and town streets 46.61.400 county roads 46.61.400 crosswalks, school or playgrounds, maximum limits 46.61.440 cycles, speed restriction 46.61.460 decreases of maximum limits 46.61.405 due care required, compliance with restrictions not to relieve driver of duty 46.61.445 exceeding speed limit to pass slower moving vehicle 46.61.425 hazardous conditions 46.61.400 increases in maximum limits 46.61.410 limited access highways, maximum limits 46.61.410, 46.61.430 maximum limits 46.61.400 (2008 Ed.) alteration by local authorities 46.61.415 exceeding to pass slower moving vehicle 46.61.425 minimum limits 46.61.425 motor-driven cycles 46.61.460 overtaking and passing, overtaken traffic not to increase speed 46.61.110 playground crosswalks, maximum limits 46.61.440 railroad crossings 46.61.400 reckless driving, exceeding speed limit evidence of 46.61.465 school crosswalks, maximum limits 46.61.440 stop or yield signs at intersections with increased speed highways, local authorities to provide 46.61.435 trailers, maximum speed 46.61.410 trucks, maximum speed 46.61.410 tunnels, speed restrictions 46.61.450 underpasses, speed restrictions 46.61.450 vehicles with solid or hollow-cushion tires 46.61.455 speed traps 46.61.470 starting parked cars, rule 46.61.300 signal required 46.61.305 stopping disabled vehicle, stopping on highway prohibition inapplicable 46.61.560 driveway entrances 46.61.570 fire hydrants, proximity of 46.61.570 hand or arm signals 46.61.310, 46.61.315 main-traveled portion of highway public transit vehicles 46.61.560 stopping on 46.61.560 prohibited places specified 46.61.570 public transit vehicles 46.61.560 railroad tracks 46.61.570 sidewalks 46.61.570 signals required 46.61.305, 46.61.310, 46.61.315 stops, special approaching railroad crossing where signal or visibility indicates approaching train 46.61.340 dangerous railroad crossings 46.61.345 emerging from alley, driveway or building 46.61.365 explosives trucks, railroad crossings 46.61.350 for hire vehicles, railroad crossings 46.61.350 inflammable material trucks, railroad crossings 46.61.350 private carrier buses, railroad crossing 46.61.350 school buses railroad crossings 46.61.350 school patrol signals 46.61.385 suspension or revocation of driver’s license procedure for Ch. 46.20 reckless driving 46.61.500 tolls facilities, violations 46.61.690 traffic control devices excuse for noncompliance 46.61.050 flashing signals 46.61.065 lane direction control signals 46.61.070 obedience to, exceptions 46.61.050 pedestrian control signals 46.61.060 presumption of validity of 46.61.050 traffic control signal legend 46.61.055 traffic signs, signals, markings and devices city streets as part of state highway, approval of signals by department of transportation required 46.61.085 display of unauthorized signs, signals, markings 46.61.075 interference with traffic control devices or railroad signs or signals 46.61.080 pedestrians subject to 46.61.230 traffic control signal legend 46.61.065 unauthorized signs, signals and marking declared public nuisance, removal 46.61.075 trailers overtaking and passing 46.61.145 riding in towed vehicle 46.61.625 slow moving 46.61.427 speed restriction 46.61.410 transit vehicles 46.61.220 trucks overtaking and passing 46.61.145 railroad crossings, stopping at, procedure 46.61.350, 46.61.355 solid or hollow-cushion tires, speed limit 46.61.455 speed restrictions 46.61.410 weighing of, refusal 46.61.020 working on highways, application of laws to 46.61.030 tunnels speed restrictions 46.61.450 turn signals, not to be flashed on parked vehicle, exception 46.61.305 turning hand or arm signals 46.61.310, 46.61.315 intersections, required position and method of turning 46.61.290 signals required 46.61.305, 46.61.310, 46.61.315 "U" turns, rules 46.61.295 turning off roadway slow moving vehicles 46.61.427 when required 46.61.427 turns 46.61.290 two-way left turn lanes, use 46.61.290 unattended vehicles, duty to remove from highway 46.61.590 unlawful operation of vehicle, causing or permitting 46.61.675 violations, attempting, aiding, abetting, committing 46.61.700 weighing of vehicle, refusal 46.61.020 wheelchair conveyances 46.61.730 wheels, driving with wheels off roadway 46.61.670 yield signs erection by local authorities 46.61.195 right of way 46.61.190 RV account, motor vehicle fund sanitary disposal systems, rest areas 46.68.170 Safety commercial vehicles, compliance statement 46.12.500 controlled substance and alcohol testing 46.32.100 Safety equipment state patrol duties 46.37.320 Safety responsibility law, See MOTOR VEHICLES, subtitle Financial responsibility law Sale or lease of vehicle emergency medical services fee 46.12.042 Sale or transfer of vehicle driving under the influence, transfer, sale, or encumbrance of vehicle subject to seizure and forfeiture 46.12.270 failure to make assignment on certificate of ownership 46.12.101 minors, unlawful, exception and penalty 46.12.270 minors under the age of 18, unlawful, exception 46.12.260 in noncompliance with certificate requirements 46.12.010 procedure 46.12.101 purchaser’s or transferee’s failure to transfer certificate of ownership and license registration 46.12.101 restrictions, penalty 46.12.270 Sales business and occupation tax exemption for sales at auction 82.04.317 service charge on contracts 63.14.130 [RCW Index—page 503] MOTOR VEHICLES Sales-dealers’ licenses accountability of dealer for employees 46.70.027 application confidentiality 46.70.042 contents 46.70.041 form 46.70.031 retention by department 46.70.042 application of chapter 46.70.260 cease and desist orders 46.70.115 civil action for violations of unfair practices, limitations 46.70.190 consignment sales, dealers’ duties and obligations 46.70.028 consumer protection act 46.70.310 curbstoning, penalty 46.70.115 definitions 46.70.011 denial, revocation or suspension of license grounds 46.70.101 notice 46.70.102 procedure 46.70.102, 46.70.111 denial of licenses 46.70.045 election of remedies, civil 46.70.190 expiration and renewal 46.70.083 Federal Automobile Dealer Franchise Act, claims under 46.70.190 fee 46.70.051 fees additional fees 46.70.061 disposition 46.70.061 transfer 46.70.061 hearings 46.70.102, 46.70.111 injunction 46.70.190 investigation by director 46.70.111 issuances 46.70.051 limitation for filing action for civil suit 46.70.190 listing dealers, transaction of business 46.70.029 local regulation of licensing preempted 46.70.300 manual of applicable statutes and rules 46.70.051 mobile homes, application of chapter to 46.70.290 notice of hearing on license action 46.70.102 operating without a license, penalties 46.70.021 penalties civil 46.70.190 contempt 46.70.111 penalty for violations 46.70.170 place of business definition and requirements 46.70.023 waiver of requirements 46.70.025 records of transactions 46.70.120 renewal of licenses 46.70.083 required, penalties 46.70.021 restrictions on applicants 46.70.041 revocation or suspension 46.70.101 unfair practices, civil violations damages 46.70.190 election to proceed under Federal Automobile Dealer Franchise Act 46.70.190 injunctions 46.70.190 vehicle data base, dissemination 46.70.051 violations bushing 46.70.180 contempt 46.70.111 criminal 46.70.140 generally 46.70.101 hot vehicles 46.70.140 licensing requirements, penalties 46.70.021 plates, unlawful use 46.70.140 unfair business practices 46.70.180 unreported engine switches 46.70.140 unreported motor switches 46.70.140 wholesale vehicle auction dealers 46.70.330, 46.79.130, 46.80.200 Salespersons overtime compensation 49.46.130 Salvaged vehicles [RCW Index—page 504] auto wreckers Ch. 46.80 School buses crossing arms, installation required 46.37.620 design, markings, mode of operation 46.61.370, 46.61.380 overtaking and meeting, duties of vehicle driver 46.61.370 railroad crossings, stopping at 46.61.350 rules for design, markings, mode of operation 46.61.380 stopping when overtaking or meeting, exceptions 46.61.370 violators of bus stop sign laws law enforcement investigation 46.61.372 report by bus driver 46.61.372 vehicle driver identification by vehicle owner 46.61.371 School buses, See also MOTOR VEHICLES, subtitle Buses School crosswalks, speed restrictions 46.61.440 School patrol appointment, authority, finances, insurance 46.61.385 obedience of drivers to directions of 46.61.385 School zone safety account 46.61.440 Scope and construction of terms 46.04.010 Seat belts children public awareness, education 46.61.6885 requirements 46.61.687 physician’s verification, immunity 4.24.235 shoulder harnesses, required before sale or registration of vehicle 46.37.510 use mandatory 46.61.688 Security interest certificate of ownership 46.12.170 Seizure, See DRUGS, subtitle Controlled substances Seizure and forfeiture of vehicle driven by driver under the influence 46.61.5058 Serial or identification number altered or removed administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 disposition of 46.12.320 release of impounded vehicles 46.12.340 seizure or impoundment 46.12.310 buying, selling, or possession of vehicle with defaced or altered number, penalty 46.12.300 Service charge on retail installment contracts 63.14.130 Sidewalks defined for highway purposes 47.04.010 driving on, prohibited 46.61.606 parking or standing on 46.61.570 pedestrians to use 46.61.250 Signal preemption devices accident, penalty 46.37.673, 46.37.674, 46.37.675 possession 46.37.671 prohibited, exceptions 46.37.670 use, sale, purchase 46.37.672 Signs failure to stop at 47.36.180 Single cab cards, See MOTOR VEHICLES, subtitle Interstate commercial vehicles, single cab cards Size, weight, and load limits appurtenances on recreational vehicles 46.44.013 axle and tire factor 46.44.042 cities and towns, special permit for overweight movement, fees, when collected by 46.44.096 combination of units drawbar requirements 46.44.070 limitations 46.44.036 special permit for oversize or overweight movement 46.44.090 discretionary, conditional 46.44.093 fee 46.44.096 combination of units, lawful combinations 46.44.037 counties, special permit for overweight movement, fees, when collectible by county 46.44.096 drawbar requirements 46.44.070 exception, farm implements 46.44.130 farm implements exceptions 46.44.130 penalties 46.44.130 special permits, application for, penalty for violations of terms 46.44.140 fire-fighting apparatus 46.44.190 heavy haul industrial corridors overweight sealed containers and vehicles 46.44.0915 height, maximum 46.44.020 special permit for oversize movement 46.44.090 discretionary, conditional 46.44.093 fee 46.44.096 highway improvement vehicles operation in project area 46.44.150 impaired clearance sign, effect 46.44.020 length, maximum 46.44.030 front and rear protrusions permissible 46.44.034 special permit for oversize movement 46.44.090 discretionary, conditional 46.44.093 fee 46.44.096 liability for damages for unlawful size, weight, and load 46.44.110 local regulations on 46.44.080 maximum gross weights 46.44.041 special permits for oversize and overweight movements fees 46.44.0941 special permits for oversize or overweight movements farm implements 46.44.140 fees 46.44.095 temporary additional tonnage permits 46.44.095 vehicles on interstate system and state highways 46.44.098 specialized equipment, interstate travel by 46.44.101 towing flag required, when 46.44.070 truck tractor and trailer combinations, lawful combinations 46.44.037 violations and penalties 46.44.105 weight excess weight, when officers may permit vehicles to proceed without penalty logging trucks 46.44.047 special permit for overweight movement 46.44.090 discretionary, conditional 46.44.093 fees 46.44.096 gross weight limit 46.44.091 weight on highways, effect of, studies and tests authorized 46.44.049 wheelbase, minimum length set 46.44.050 width, outside width limit 46.44.010 passenger cars, outside load limit 46.44.060 special permit for oversize movement 46.44.090 discretionary, conditional 46.44.093 fee 46.44.096 overall width limit 46.44.092 Slow moving defined 46.61.427 pull off roadway, when 46.61.427 turn off roadway, when 46.61.427 vehicle emblem 46.37.160 Smoke and air contaminants, standards, definitions 46.37.390 Snowmobiles accident reports 46.10.140 administration of chapter, exceptions 46.10.210 advisory committee 46.10.220 (2008 Ed.) MOTOR VEHICLES crossing public highways lawful 46.10.100 definitions 46.10.010 enforcement personnel 46.10.200 fuel tax moneys deposit and distribution 46.10.080 local authorities may provide for safety and convenience 46.10.185 motor vehicle fuel tax snowmobile fuel amount 46.10.170 motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 noise levels, requirements 46.10.090 operating upon public highway lawful 46.10.110 operators, restrictions on age of 46.10.120 penalties civil liability 46.10.190 general 46.10.190 penalties for violations 46.10.130 registration application and issuance 46.10.040 certificate of registration 46.10.060 date tags 46.10.060 dealer’s registration 46.10.050 denial, suspension, or revocation of 46.10.055 excepted snowmobiles 46.10.030 fees 46.10.040, 46.10.050, 46.10.080 number displaying and affixing 46.10.070 operation without, prohibited 46.10.020 plates, dealer’s number, use of 46.10.050 publicly owned snowmobiles 46.10.020 pursuant to dealer’s sale 46.10.043 time limitation registration, dealers 46.10.050 regulation by political subdivisions, state agencies 46.10.180 snowmobile account deposit of registration fees, monetary civil penalties, and fuel tax moneys 46.10.075 snowmobile act 46.10.910 taxes, snowmobile fuel excise disposition of refunds from motor vehicle fund 46.10.150 nonrefundable 46.10.160 violations fines, disposition 46.10.190 penalties 46.10.130, 46.10.190 violations, operating endangerment, humans, animals, hunting 46.10.130 generally 46.10.090 intoxicating liquor, drugs, under the influence of 46.10.090 noise levels 46.10.090 penalties 46.10.090 traffic infraction 46.10.190 without registration 46.10.020 Solicitation of cancellation or cancellation of traffic citation, enforcement 46.64.010 Solid waste collection and recycling vehicles load covering or securing required 70.93.097 parking or standing on roadway, limitations on 46.61.560 stopping on roadway, limitations on 46.61.560 Sound system attachment 46.37.680 Speed regulations alteration by local authorities 46.61.415 cities and towns alteration by local authorities 46.61.415 maximums 46.61.400 exceeding to pass slower moving vehicles 46.61.425 minimum may be set by local authorities 46.61.425 secretary of transportation, federal requirements 46.61.415 county roads, maximums 46.61.400 curves, reduction of speed 46.61.400 hazardous conditions, lower speed required 46.61.400 (2008 Ed.) highways, increases by secretary of transportation 46.61.410 impeding traffic by slow speed, violation 46.61.425 increase of local authorities, power 46.61.415 power of secretary of transportation 46.61.410 increases by secretary of transportation 46.61.410 intersections, reduction of speed 46.61.400 limited access highways, increases by secretary of transportation 46.61.410 maximum speeds exceeding to pass slower moving vehicle 46.61.425 specified 46.61.400 minimum speeds local authorities may set 46.61.425 rules for operation 46.61.425 secretary of transportation may set 46.61.425 slow moving vehicles 46.61.427 multiple lane highways, increases by secretary of transportation 46.61.410 pedestrian traffic, reduction of speed 46.61.400 playground crosswalks 46.61.440 railroad crossings, reduction of speed 46.61.400 reasonable and prudent rule 46.61.400 reduction of speed hazardous conditions 46.61.400 local authorities may require 46.61.415 school crosswalks 46.61.440 signs alterations effective when posted 46.61.410, 46.61.415 school or playground crosswalks, effect of posting 46.61.440 slow moving vehicles 46.61.427 Speed restrictions roadway construction area speeding 46.61.527 Speed traps 46.61.470 Stages, for hire vehicles licenses, fees 46.16.125 Starting parked cars, rule 46.61.300 signal required 46.61.305 State officers and employees use of personal vehicles on state business 43.19.630 State owned vehicles gasohol, alternative fuels use 43.41.130 official use only 43.01.150 policy for acquisition, operation, and authorized use 43.41.130 purchase of alternative fuel powered, cost considerations 43.19.570 State patrol certificate of approval on equipment meeting requirements 46.37.005 motorcycle equipment goggles or face shield, regulation and specifications adopted by commission 46.37.530 helmets, regulation and specifications adopted by commission 46.37.530 mirrors, regulation and specifications adopted by commission 46.37.530 powers and duties generally 46.37.005 Steering and suspension systems 46.37.375 Stolen possession of 9A.56.160 vehicle check 46.12.047 Stop lamps, equipment requirement 46.37.070, 46.37.090, 46.37.200 Stop sign, failure to stop at 47.36.180 Stopping disabled vehicle, stopping on highway prohibition inapplicable 46.61.560 driveway entrances 46.61.570 fire hydrants, proximity of 46.61.570 hand or arm signals 46.61.310, 46.61.315 main-traveled portion of highway public transit vehicles 46.61.560 stopping on 46.61.560 prohibited places specified 46.61.570 public transit vehicles 46.61.560 railroad tracks 46.61.570 signals required 46.61.305, 46.61.310, 46.61.315 solid waste collection and recycling vehicles 46.61.560 Stopping vehicle to inspect hay or straw transporters 20.01.610 Stopping vehicle to inspect driver’s license 46.64.060 vehicle condition 46.64.060, 46.64.070 Stops, special approaching railroad crossing where signal or visibility indicates approaching train 46.61.340 dangerous railroad crossings 46.61.345 emerging from alley, driveway or building 46.61.365 explosives trucks, railroad crossings 46.61.350 for hire vehicles, railroad crossings 46.61.350 inflammable material trucks, railroad crossings 46.61.350 school buses overtaking and passing 46.61.370 railroad crossings 46.61.350 violators law enforcement investigation 46.61.372 report by bus driver 46.61.372 violators of bus stop sign laws vehicle driver identification by vehicle owner 46.61.371 school patrol signals 46.61.385 Street rod vehicles definition 46.04.571 equipment requirements 46.37.518 inspection and titling 46.12.420 Subleasing or transfer, unlawful practices Ch. 19.116 Sunscreening materials, application, restrictions and standards 46.37.430 Sunscreening materials, unlawful installation, penalty 46.37.435 Suspend, defined 46.04.580 Suspension, cancellation or denial of manufacturer’s licenses deficiency in surety bond as grounds for 46.70.075 Suspension, revocation or denial of dealer’s or manufacturer’s licenses grounds, generally 46.70.101 mobile homes or travel trailers grounds, generally 46.70.101 Suspension or revocation of driver’s license operation of vehicle following, prohibited 46.20.345 operation of vehicle following prohibited 46.20.342 procedure for Ch. 46.20 reckless driving 46.61.500 Tail lamps, equipment requirement 46.37.050 Taillights blue or purple dot, when allowed 46.37.100 Taking without permission 9A.56.070, 9A.56.075 Tandem axles defined 46.04.582 Television screen, operating vehicle with when in sight of driver, exception 46.37.480 Temporary license plates, nonresident member of armed forces 46.16.460, 46.16.470, 46.16.480, 46.16.490 Temporary permits conditions 46.20.065 Theft of 9A.56.063, 9A.56.065, 9A.56.068, 9A.56.078, 9A.56.096 Tires pneumatic passenger car tires, standards [RCW Index—page 505] MOTOR VEHICLES authority of state patrol 46.37.425 exception for off-highway use 46.37.423 generally 46.37.423 penalties 46.37.423, 46.37.425 regrooved tires, standards, exception 46.37.424 rules and regulations 46.37.425 restrictions 46.37.420 studs 46.04.272, 46.37.4215, 46.37.4216 Title and registration advisory committee membership and duties 46.01.320 Title certificate, See MOTOR VEHICLES, subtitle Certificate of ownership Tolls electronic collection, photo enforcement 46.63.160 evasion, presumption 46.63.075 facilities, violations 46.61.690 Tonnage, generally, See MOTOR VEHICLES, subtitle Licenses Tow truck operators business location, posting and registration requirements 46.55.060 business location, registration requirements 46.55.060 business practices, required services 46.55.060 capacity fee in addition to and in lieu of additional fees 46.16.079 cease and desist orders 46.55.210 complaints against 46.55.170 definitions 46.55.010 drivers to have commercial drivers’ licenses 46.55.090 fee schedule, billing, etc. 46.55.060 fee schedule, filing requirements 46.55.063 fees, calculation, itemized invoice 46.55.063 hearings presiding officer 46.55.180 insurance and inspection requirements 46.55.025 licenses grounds for not issuing 46.55.220 revocation, etc. 46.55.200 penalties 46.55.200 posting requirements 46.55.070 private impounds, compensation 46.55.037 prohibited business practices 46.55.035 penalty 46.55.020 records, etc., available for inspection 46.55.160 registration certificate application process 46.55.030 required, penalty 46.55.020 rule-making authority 46.55.190 storage security requirements 46.55.060 towing contracts with private property owners, requirements 46.55.063 towing procedures, posting requirements 46.55.060 vehicle transaction file to be maintained 46.55.150 Tow trucks classification by capabilities 46.55.050 inspection prior to use 46.55.050 permit application 46.55.040 inspection of equipment and facilities required annually 46.55.040 red lights, usage 46.37.196 Towed vehicles riding in prohibited 46.61.625 Towing safety chains required 46.37.495 Tractors, farm tractors slow moving vehicle emblem, required 46.37.160 slow moving vehicles 46.61.427 vehicle driver’s license not necessary for operation of 46.20.025 Traffic citation or copies thereof, disposing of, enforcement 46.64.010 Traffic control devices [RCW Index—page 506] excuse for noncompliance 46.61.050 flashing signals 46.61.065 lane direction control signals 46.61.070 legend 46.61.072 obedience to, exceptions 46.61.050 pedestrian control signals 46.61.060 presumption of validity of signs and devices 46.61.050 traffic control signal legend 46.61.055, 46.61.065 Traffic enforcement routine stops, collection of information on racial profiling 43.43.480, 43.43.490 Traffic infractions attorney, right to counsel 46.63.080 automated cameras, traffic safety 46.63.170 award of costs and attorney fees prohibited, exception 46.63.151 cell phone and wireless communication while driving 46.61.667, 46.61.668 court orders, civil nature 46.63.120 declaration as 46.64.050, 46.64.055 emergency vehicles equipment requirements, penalty for violations 46.37.188 enforcement procedure notice of traffic infraction failure to respond 46.63.070 equipment requirements emergency vehicles, penalty for violations relating to 46.37.188 violations, generally 46.37.010 failure to surrender canceled licenses, permits, or certificates, penalty 46.01.230 ferry queues 46.61.735 habitual offender, defined 46.65.020 hearings procedure, appeal from 46.63.090 rules for 46.63.080 inspection operating vehicle found defective in equipment 46.32.010 repair of equipment, violations relating to 46.32.050 violations, generally 46.32.010 judges, training requirements 46.63.050 juveniles penalties 13.40.250 law enforcement officers order duty to obey 46.61.021 failure to obey, penalty 46.61.022 legislative intent 46.63.010 lowering passenger vehicles below legal clearance 46.61.680 mitigating circumstances, explanation, hearing for 46.63.100 monetary penalties 46.63.110 monthly tonnage licenses, operating vehicle after expiration 46.16.135 nonresidents, bail, bond, or security 46.64.015, 46.64.035 notice of contents 46.63.060 form 46.63.060 issuance authority, police, court 46.63.030 response to, contesting, hearing, failure to appear 46.63.070 officer issuing cite need not have witnessed infraction 46.63.030 operating under farm vehicle license, in violation of limitations thereon 46.16.090 operating vehicle in excess of maximum gross weight licensed for 46.16.140 failure to purchase new gross weight license when apprehended 46.16.140 parties’ responsibilities for costs 46.63.151 penalties, waiver, court authority 46.63.120 placards and license plates for disabled drivers, unauthorized use of 46.16.381 presumption regarding stopped, standing, or parked vehicle 46.63.140 public attorneys’ appearance 46.63.080 records, abstracts 46.52.100 regrooved tires, violations 46.37.424 rental vehicles 46.63.073 size, weight, and load limits, violations 46.44.105 tire standards 46.37.423 state patrol rules, law, violations 46.37.425 tolls electronic collection, photo enforcement 46.63.160 evasion, presumption 46.63.075 facilities, violations relating to 46.61.690 traffic schools of city or town and county, failure to attend, penalty 46.83.060 unattended vehicles notice of 46.63.030 violations designated as infractions, exceptions 46.63.020 Traffic infractions, see also TRAFFIC INFRACTIONS Traffic safety education 46.20.093, 46.20.095 bicycles 46.82.430 rule-making authority 46.01.115 Traffic safety education courses in schools requirement for minor driver’s license, exception 46.20.100 Traffic school city or town and county may establish, procedure 46.83.010 courts may compel attendance upon 46.83.050 failure to attend school unlawful, penalty 46.83.060 funds for, source, deposit of, control 46.83.030 purpose 46.83.040 supervision and control 46.83.020 Traffic signs, signals, markings and devices city streets as part of state highway, approval of signals by department of transportation required 46.61.085 display of unauthorized signs, signals, markings 46.61.075 interference with traffic control devices or railroad signs or signals 46.61.080 pedestrians subject to 46.61.230 unauthorized signs, signals and marking declared public nuisance, removal 46.61.075 Traffic violations records kept 46.52.100, 46.52.101 venue 46.52.100 Traffic violations, See also MOTOR VEHICLES, subtitle Crimes relating to; MOTOR VEHICLES, subtitle Rules of the road Trailers boat trailers fee to be deposited in freshwater aquatic weeds account 46.16.670 combination of units, as 46.44.036 combination of units, lawful combinations 46.44.037 commercial licensing fee in lieu 46.16.085 farm trailers lamps and reflectors 46.37.160 slow moving vehicle emblem, required 46.37.160 highway rest areas, disposal systems additional fee 46.16.063 operating under farm vehicle license, in violation of limitations thereon 46.16.090 overtaking and passing 46.61.145 riding in prohibited 46.61.625 sanitary disposal systems, rest areas RV account, motor vehicle fund 46.68.170 single-axle licensing fee in lieu 46.16.086 size, weight, and load limits on Ch. 46.44 slow moving vehicles 46.61.427 (2008 Ed.) MOTORCYCLES speed restriction 46.61.410 Trailers, See also MOTOR VEHICLES, subtitle International registration plan Transfer or sale of vehicle failure to make assignment on certificate of ownership 46.12.101 in noncompliance with chapter 46.12 RCW 46.12.010 procedure 46.12.101 purchasers’ or transferees’ failure to transfer certificate of ownership and license registration 46.12.101 seller liability limited, procedure 46.12.102 transitional ownership record 46.12.103 Transfer or subleasing, unlawful practices Ch. 19.116 Transportation demand management findings 70.94.521 Transporters delivering vehicles without transporter’s license 46.76.010 Transporters, See also MOTOR VEHICLES, subtitle Motor vehicle transporters Transporting explosives and flammables equipment requirements for 46.37.440 inspections 46.48.185 jurisdiction over safety in transportation of 46.48.170 rules and regulations 46.48.170 uniformity with federal regulations sought 46.48.170, 46.48.180 violations 46.48.170 Travel trailer appurtenances on recreational vehicles 46.44.013 defined 46.04.623 Trucks brakes compression, jake brakes 46.37.395 performance ability 46.37.351 requirements 46.37.340 cement trucks, axle loading controls 46.44.043 drivers, overtime compensation 49.46.130 Trucks, truck tractors combination of units, as 46.44.036 combination of units, lawful combinations 46.44.037 flares and warning devices carried 46.37.440 maximum gross weights 46.44.041 motor truck, defined for highway purposes 47.04.010 overtaking and passing 46.61.145 railroad crossings, stopping at, procedure 46.61.350, 46.61.355 size, weight, and load limits on Ch. 46.44 slow moving vehicles 46.61.427 solid or hollow-cushion tires, speed limit 46.61.455 speed restrictions 46.61.410 weighing of, refusal 46.61.020 working on highways, application of laws to 46.61.030 Trucks, truck tractors, See also MOTOR VEHICLES, subtitle International registration plan equipment, See MOTOR VEHICLES, subtitle Equipment requirements Tunnel passing vehicle, limitations 46.61.125 speed restrictions 46.61.450 Turn signal lamps or devices equipment requirement 46.37.100, 46.37.120, 46.37.200 not to be flashed on parked vehicle, exception 46.61.305 Turning hand or arm signals 46.61.310, 46.61.315 intersections, required position and method of turning 46.61.290 signals required 46.61.305, 46.61.310, 46.61.315 "U" turns, rules 46.61.295 (2008 Ed.) Turns, right and left, proper procedure 46.61.290 Two-way left turn lanes, use 46.61.290 Unauthorized persons, allowing to drive, penalty 46.16.011 Unfair business and sales practices Ch. 46.70 Unfair vehicle business practices mobile homes warranties, inspections, advertising 46.70.135 Unlawful operation of vehicle, causing or permitting 46.61.675 Unlicensed drivers placement in suspended or revoked status 46.20.022 subject to all provisions of motor vehicle law 46.20.022 Unlicensed vehicles trip permits authorized, fees, distribution of proceeds 46.16.160 Used vehicles curbstoning, penalty 46.70.115 evidence of ownership, dealer requirements 46.70.124 posting or disclosure of asking price 46.70.125 Vehicle, defined 46.04.670 Vehicle equipment safety compact Ch. 46.38 Vehicle licensing fraud account 46.68.250 Vehicle safety standards 46.37.005 Vehicular assault 7.68.020 alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 definition and penalty 46.61.522 revocation period 46.20.285, 46.20.286 Vehicular homicide 7.68.020 alcohol and drug evaluation and treatment of offenders, requirements 46.61.524 definition and penalty 46.61.520 revocation period 46.20.285, 46.20.286 Venue of actions regarding 4.12.025 Veterans, disabled, service-connected, license plate furnished free to 73.04.110 Violations, venue 46.52.100 Warranties consumer protection act, applicability 19.118.120 definitions 19.118.021 failure to repair, replace or repurchase vehicle 19.118.041 history of vehicle, availability to owner 19.118.170 informal dispute resolution process of manufacturer 19.118.150 new motor vehicle arbitration boards, proceedings 19.118.080, 19.118.090, 19.118.095, 19.118.100, 19.118.110, 19.118.160 nonexclusive remedy 19.118.140 owner’s manual required 19.118.031 remedies not exclusive 19.118.070 repair facilities 19.118.010, 46.71.051 replacement or repurchase of nonconforming new vehicles 19.118.041 report and repair of nonconformities 19.118.031 resale of repurchased vehicle 19.118.061 rights, written statement to be supplied 19.118.031 tax refund for return of vehicle 82.32.065 waivers, limitations, disclaimers 19.118.130 Weighing and weight certification of agricultural commodities for highway transport Ch. 15.80 Weighing of vehicle, refusal 46.61.020 Weight fees motor homes 46.17.020 motor vehicles 46.17.010 Wheelchair conveyances brake requirements license as moped in lieu 46.16.640 defined 46.04.710 operators’ license may be restrictive 46.20.109 safety standards 46.37.610 speed limit 46.61.730 Wholesale vehicle auction dealers 46.70.330, 46.79.130, 46.80.200 Window sunscreening and coloring, restrictions and standards 46.37.430 Windshield requirements safety glazing materials 46.37.410, 46.37.430 sunscreening and coloring of 46.37.430 unlawful installation, penalty 46.37.435 unobstructed 46.37.410 wipers 46.37.410 Winter recreational parking areas penalty for violations 46.61.587 special permit required 46.61.585 Wrecked vehicles, permit to junk 46.12.230 Wreckers, See AUTO WRECKERS; MOTOR VEHICLES, subtitle Motor vehicle wreckers Yield signs erection by local authorities 46.61.195 right of way 46.61.190 MOTORCYCLES Brake requirements 46.37.527 Brakes, performance ability 46.37.528 Certificate of license registration installing different motor, certificate surrendered 46.12.080 Clinging to other vehicles, prohibited 46.61.614 Crimes relating to exhaust system modification 46.37.537 Defined 46.04.330 Driver’s license for operation of endorsement fee 46.20.505 examination 46.20.130, 46.20.515 instruction permits 46.20.510 rental to person without, penalty 46.20.220 special endorsement required to drive 46.20.500 Endorsements 46.20.100 Equipment requirements exemptions 46.61.613 foot pegs, passengers 46.61.610 handlebars, height 46.61.611 helmets, goggles, face shield 46.37.530, 46.37.535 mirrors 46.37.530 muffler, modification prohibited 46.37.390 passengers, foot pegs 46.61.610 Exhaust systems modification, amplification, prohibited 46.37.537 Foot pegs, passengers 46.61.610 Handlebars, height 46.61.611 Head lamps, requirements 46.37.523 Headsets and earphones use of state patrol approved helmet with builtin headsets or earphones authorized 46.37.480 Helmets, goggles, face shield 46.37.530, 46.37.535 use of state patrol approved helmet with builtin headsets or earphones authorized 46.37.480 Horns 46.37.539 Instruction permits 46.20.510 Licensing of Ch. 46.16 Lights, head and tail, lighted, when 46.37.020 Lights on requirements 46.37.522 Mirrors 46.37.530, 46.37.539 Motor change registration certificate, correction required 46.12.080 Motorcycle operator training program 46.20.520 Motorcycle safety education account created 46.68.065 Motorcycle safety education advisory board created 46.20.520 Motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 Mufflers 46.37.539 [RCW Index—page 507] MOTOR-DRIVEN CYCLES modification prohibited 46.37.390 Operating on roadways laned for traffic 46.61.608 Passengers foot pegs 46.61.610 number, seating 46.61.610 Rental equipment 46.37.535 license 46.20.220 Riding on seat required 46.61.610 Skills education program administration 46.81A.020 definitions 46.81A.010 gifts, etc. 46.81A.030 Speed restrictions 46.61.460 Tail lamps, reflectors, and stop lamps 46.37.525 Tires 46.37.539 MOTOR-DRIVEN CYCLES Brake requirements 46.37.527 Brakes, performance ability 46.37.528 Braking system inspection 46.37.529 Defined 46.04.332 Driver’s license for operation of endorsement fee 46.20.505 examination 46.20.130, 46.20.515 instruction permits 46.20.510 special endorsement required to drive 46.20.500 Equipment requirements helmets, goggles, face shield 46.37.530, 46.37.535 mirrors 46.37.530 muffler, modification prohibited 46.37.390 Head lamp requirements 46.37.523, 46.37.524 Helmets, goggles, face shield 46.37.530, 46.37.535 Horns 46.37.539 Instruction permits 46.20.510 Licensing of Ch. 46.16 Lights, head and tail, lighted when 46.37.020 Lights on requirements 46.37.522 Mirrors 46.37.530, 46.37.539 Motorcycle safety education advisory board created 46.20.520 Motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 Mufflers 46.37.539 modification prohibited 46.37.390 Rental of helmet requirements 46.37.535 Speed restrictions 46.61.460 Tail lamps, reflectors, and stop lamps 46.37.525 Tires 46.37.539 MOTORIZED FOOT SCOOTERS (See MOTOR VEHICLES) MOTORSPORTS VEHICLES - DEALER AND MANUFACTURER FRANCHISES Generally Ch. 46.93 MOVIES (See MOTION PICTURES) MOVING COMPANIES (See TRANSPORTATION COMPANIES) MOVING EXPENSES Relocation compensation 43.03.125 State officers and employees 43.03.110, 43.03.120 MOVING WALKS (See ELEVATORS, LIFTING DEVICES, AND MOVING WALKS) MT. SI CONSERVATION AREA See PARKS AND RECREATION MT. ST. HELENS Court proceedings necessary to facilitate recovery given precedence 43.01.215 Damage to surrounding land and rivers 43.01.210 dredging and other rehabilitative work, funding 43.01.200 state agencies to facilitate recovery 43.01.210 Dredge spoils [RCW Index—page 508] revenues used for recreational purposes 47.04.230, 47.04.235 Emergency recovery operations from eruption, exemptions from certain requirements Ch. 89.16 Local government recovery, scope authorized 36.01.150 Spirit lake memorial highway 47.20.700 State agencies facilitate recovery from damage 43.01.210 Tourtle river fish collection facility 77.57.080 MUCKLESHOOT INDIANS Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120 MULES, ASSES, AND DONKEYS (See LIVESTOCK) MULTIPLE LANE HIGHWAYS (See HIGHWAYS) MULTI-PURPOSE COMMUNITY CENTERS Acquisition, general powers 35.59.030 Appropriations 35.59.060 Authority, purposes for which authority granted may be exercised 35.59.020 Bonds general obligation bonds, authority and procedure 35.59.060 revenue bonds 35.59.070 Community center development, conveyance or lease of lands or facilities to other municipality for 35.59.040 Condemnation, power of 35.59.050 Construction, general powers 35.59.030 Contract, use or operation of facilities 35.59.080 Conveyance, lands or facilities to other municipality for community center development 35.59.040 Counties, authorized to establish community centers, requirements 35.59.090 Definitions 35.59.010 Eminent domain, power of 35.59.050 Expenditures of public money 35.59.060 Financing, participation in by other municipalities 35.59.040 Fiscal matters appropriations of public moneys 35.59.060 expenditure of public moneys 35.59.060 general obligation bonds, issuance of authorized 35.59.060 procedure 35.59.060 General powers 35.59.030 Income, from lease or contract for use or operation of facilities pledged for redemption of general obligation or revenue bonds 35.59.080 Indebtedness, participation in financing 35.59.040 Lease lands or facilities to other municipality for community center development 35.59.040 use or operation of facilities 35.59.080 Legislative finding, prerequisite 35.59.020 Operation, general powers 35.59.030 Operation of facilities, lease or contract for 35.59.080 Participation in financing 35.59.040 Powers and authority, additional and supplemental 35.59.110 Prior proceedings validated and ratified 35.59.100 Property conveyance of lands or facilities to other municipality for community center development 35.59.040 lands or facilities to other municipality for community center development 35.59.040 Purposes for which authority granted may be exercised 35.59.020 Validation, prior proceedings 35.59.100 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT (See TRANSPORTATION, DEPARTMENT OF, subtitle Multistate Highway Transportation Agreement) MUNICIPAL CORPORATIONS (See also CITIES AND TOWNS; COUNTIES) Acquisition of transportation systems, private pension plans, continuance 54.04.160 Actions against 4.08.120 Actions by in corporate name 4.08.110 Advancement of travel and other expenses advancement constitutes a prior lien against and a right to employees’ funds 42.24.140 authorized 42.24.120 interest collectible for unrepaid or unaccounted for sums 42.24.150 misappropriation of public funds 42.24.160 no advancement when delinquent in accounting 42.24.140 revolving fund 42.24.130 Air pollution control authorities, status as municipal corporations 70.94.081 Bankruptcy readjustment and relief from debts Ch. 39.64 Bond issues declaratory judgments 7.25.010 definitions 7.25.005 indebtedness limitations, subject to 39.46.110 lost or destroyed bond or warrant, procedure 39.72.010, 39.72.020 mutual savings banks authorized to invest in 32.20.070 notice of intent to sell general obligation bonds 39.46.120 payment of general obligation bonds 39.46.110 refunding bond act Ch. 39.53 refunding bonds, bankruptcy readjustment and relief from debts Ch. 39.64 revenue bonds funds for reserve purposes may be included 39.44.140 sale of to United States at private sale amortization 39.48.020 chapter optional 39.48.040 United States, sale of bonds to at private sale Ch. 39.48 validation of prior issues Ch. 39.90 Bonds, official, See BONDS, subtitle Official Buildings or equipment in or adjacent to fire protection districts, contracts for fire protection services 52.30.020 Certiorari proceedings, service of writ on 7.16.100 Charge cards for travel expenses 42.24.115 Charters special legislation to create or amend charter, prohibited Const. Art. 2 § 28 who may frame Const. Art. 11 § 10 Claims against for contractual purposes approving, paying false claim, penalty 42.24.110 auditing and payment 42.24.080 authentication and certification 42.24.080 forms 42.24.080 Claims for contractual purposes false claim, penalty 42.24.100 Combined city and county, charters Const. Art. 11 § 16 Combined city and county municipal corporations fire protection or law enforcement binding arbitration in collective bargaining, when 36.65.050 intent 36.65.010 method of allocating state revenues 36.65.040 public employee retirement or disability benefits not affected 36.65.060 school districts retained as political subdivisions 36.65.020 Community municipal corporations, See CITIES AND TOWNS, subtitle Community municipal corporations (2008 Ed.) MUNICIPAL CORPORATIONS Confession of judgment by, who may confess for 4.60.020 Consolidated port districts as 53.46.030 Consolidation of local government unit and first class city retirement rights compliance with law 41.04.430 definitions 41.04.405 intent 41.04.400 limitations 41.04.425 membership in first class city retirement system 41.04.415 newly created legal entity 41.04.420 public or public safety employees’ retirement systems 41.04.410 Contracts competitive bidding requirements, violations by municipal officers, penalties 39.30.020 officers, interest in 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 small works roster 39.04.155 transportation department may contract with municipal corporation without advertising, bid or performance bond 47.01.210 Contracts for public works, See PUBLIC WORKS Conveyance of fee title by municipal corporation, recording by grantor at time of delivery required, effect 65.08.095 Corporate stock or bonds not to be owned by Const. Art. 8 § 7 Counties, See COUNTIES Credit establishment for payment of warrants 43.09.2853 Credit for residential energy conservation Const. Art. 8 § 10 Credit or money not to be loaned Const. Art. 8 § 7 Criminal cases agreement with county to handle, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Declaratory judgments bonds 7.25.010 Disposal of surplus property hearing, notice requirements 39.33.020 District court criminal cases agreement with county to handle, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Ejectment and quieting title action conflicting claims, generally 7.28.280 joinder of parties 7.28.280 Emergency services, financial assistance, counties authorized to furnish 36.32.470 Employees direct deposit of salaries and wages 41.04.240 insurance and health care, participation in state insurance program 41.04.205 liability insurance, purchase authorized 36.16.138 payroll deductions to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 Equality of privileges and immunities not essential Const. Art. 1 § 11 Execution of judgments against 6.17.080 Expenses and per diem 42.24.090 Federal surplus property acquisition, See FEDERAL SURPLUS PROPERTY Financing procedures, validation Ch. 39.90 Fire protection districts, status as 52.12.011 Flood control districts annual budget reports 86.26.080 maintenance fund 86.26.070 Franchise on bridges jointly owned with state 47.44.040 Garnishment enforcement against 6.27.040 subject to, when 6.27.040 (2008 Ed.) Health benefit programs, procurement by state department of general administration 41.04.220 Hospitalization and medical aid for employees and dependents choice of plan or policy to be offered 41.04.180 contracts with health care service contractors authorized 41.04.180 costs not additional compensation, payment of premiums 41.04.190 participation in state insurance program 41.04.205 Indebtedness bankruptcy readjustment and relief from debts Ch. 39.64 extinguishment by special legislation, prohibited Const. Art. 2 § 28 limitations Ch. 39.36 limitations upon limitations prescribed Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 power to incur debts Const. Art. 8 § 6 limit of power Const. Art. 8 § 6 private property not to be taken for debt of, exception Const. Art. 11 § 13 water, light, sewer purposes Const. Art. 8 § 6 Insurance employees, participation in state insurance program 41.04.205 risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Investments authorized types of 36.29.020 public pension and retirement funds, authorized investments Const. Art. 29 § 1 Joint operations by municipal corporations or political subdivisions, deposit and control of funds 43.09.285 Judgments against, interest on, torts 4.56.115 Liability insurance purchase for officers and employees 36.16.138 Limitation of actions, application of statute of limitations to, actions by 4.16.160 Loan agreements with state or federal government agreements 39.69.020 constitutional debt limitation 39.69.030 municipal corporation defined 39.69.010 Local affairs controlled by Const. Art. 11 § 11 Local improvement districts joint planning and construction of improvements, supplemental authority Ch. 35.51 reserve funds, supplemental authority Ch. 35.51 Local improvements limitation on foreclosure of special assessments and liens 4.16.030 power to make by special taxation or assessment Const. Art. 7 § 9 Municipal courts termination agreement with county to handle criminal cases, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Officers contracts, interest in 42.23.010, 42.23.030, 42.23.040, 42.23.060 contracts, interests in 42.23.050 eligibility to hold office 42.04.020 liability insurance, purchase for 36.16.138 Ordinances evidence, admissible as, when 5.44.080 recording of 5.44.080 Organization to be under general laws Const. Art. 11 § 10 Permits, leases or licenses for municipal corporations to use toll facilities authorized 47.56.253 Police and sanitary regulations enforced by Const. Art. 11 § 11 Pollution control bonds and facilities, See POLLUTION CONTROL MUNICIPAL BONDING Property exchange with federal or state government or political subdivision authorized 39.33.010 intergovernmental disposition of authorized 39.33.010 hearing, notice requirements 39.33.020 transfers 39.33.090 lease to federal or state government or political subdivision authorized 39.33.010 sale to federal or state government or political subdivision authorized 39.33.010 Public hospital districts 70.44.010 Public improvement districts reserve funds, supplemental authority Ch. 35.51 Public mass transportation system intergovernmental disposition of 39.33.050 lease to political subdivision or municipal corporation authorized 39.33.050 sale to political subdivision or municipal corporation authorized 39.33.050 Public money to be deposited with treasurer Const. Art. 11 § 15 Public pension and retirement funds, investments, authorized investments Const. Art. 29 § 1 Public transportation feasibility study, financial support payment 35.58.2712 Public transportation systems authorization 35.58.2721 Public utility districts designation as 54.04.020 power to incur debts Const. Art. 8 § 6 restrictions on invading 54.04.030 Public works prevailing wage law compliance required when private construction project is performed under contract for rental, lease, or purchase of project by state or municipal government 39.04.260 small works roster posting of awards 39.04.200 Public works, See also PUBLIC WORKS Publication of legal notices, fees to be charged 65.16.091 Purchase of magazines and other periodicals, books, postage, method for payment of 42.24.035 products and services of sheltered work shops, department of social and health services programs Ch. 39.23 Purchases contract process other than sealed bids 39.04.190 posting of awards 39.04.200 vendor lists 39.04.190 Quasi-municipal corporations tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and expenses of defense in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Records destruction or donation of, procedure for, retention schedule 40.14.070 historical records, transfer to depository agency, procedure for 40.14.070 Reimbursement claims by officers and employees approving, paying false claim, penalty 42.24.110 [RCW Index—page 509] MUNICIPAL COURTS false claim, penalty 42.24.100 travel allowances 42.24.090, 42.24.110 false claim, penalty 42.24.100 Salary of officers not to be changed, exception Const. Art. 11 § 8 School districts, See SCHOOLS AND SCHOOL DISTRICTS Seals of Const. Art. 27 § 9 Secretary of state service charges auditor to adopt rules 43.09.281 Service of process by publication, when 4.28.100 Sewer districts, See also WATER-SEWER DISTRICTS Short-term obligations authorized, when 39.50.020 definitions 39.50.010 issuance of, procedure 39.50.030 nonvoted general indebtedness 39.50.060 payment of principal and interest funds for 39.50.070 refunding, renewal 39.50.040 security 39.50.050 Streets, power to extend over tidelands Const. Art. 15 § 3 Taxation assessment and levy, power of Const. Art. 7 § 9 exemption of municipal property from taxation Const. Art. 7 § 1 imposition for local purposes prohibited to legislature Const. Art. 11 § 12 local power to assess and levy, where Const. Art. 11 § 12 Taxing district relief act Ch. 39.64 Term of officers not to be extended Const. Art. 11 § 8 Tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Transfer of property or contracts for use for park and recreational purposes 39.33.060 Transfer of sewer or water system from a county to a district 36.94.410, 36.94.420, 36.94.430, 36.94.440 Transportation centers, See TRANSPORTATION, subtitle Transportation centers Travel expenses 42.24.090 charge cards 42.24.115 Use of public money by official a felony Const. Art. 11 § 14 Vehicles, name to appear on 46.08.065 Vendors posting of purchase awards 39.04.200 purchase contract process other than sealed bids 39.04.190 Warrants cancellation after one year 39.56.040 interest rate 39.56.020 rate fixed by issuing officer 39.56.030 Warrants or bonds, lost or destroyed, procedure 39.72.010, 39.72.020 Water districts, See also WATER-SEWER DISTRICTS Water pollution control Ch. 90.48 Water-sewer districts annexation hearing, notice 36.94.430, 36.94.440 powers of district 36.94.420 review by board not required 36.93.105 MUNICIPAL COURTS (See also CITIES AND TOWNS, subtitle Municipal courts; COURTS OF LIMITED [RCW Index—page 510] JURISDICTION; DISTRICT COURTS, subtitle Municipal departments) Authorized 3.50.010 Cities authorized to continue to operate 3.30.020 City or town trial court improvement account 3.50.480 Civil proceedings jury trial 3.50.135 transfer within municipal court 3.50.125 Conviction 3.50.300 Court commissioners appointment, qualifications 3.50.075 Criminal cases agreement with county to handle 3.50.805 agreement with county to handle, arbitration 3.50.800 Criminal proceedings transfer within municipal court 3.50.125 Criminal prosecution 3.50.430 Definitions 3.50.003 Designation 3.50.010 Employees as city employees 3.50.080 Fines, penalties, forfeitures, and costs, disposition 10.82.070 Fines and moneys, portion deposited in public safety and education account, interest 35.20.220 Gambling jurisdiction ordinances adopting state gambling law 9.46.193 Interlocal agreements, criminal justice responsibilities 3.58.815 Judge pro tempore appointments 3.02.060 Judges additional judges 3.50.070 appointment 3.50.040 bond 3.50.097 election procedure 3.50.050 filling of positions by election, when required 3.50.055 pro tempore 3.50.090, 35.20.200 removal from office 3.50.095 residency requirement 3.50.057 salaries, payment 3.50.080 vacancy 3.50.093 Judicial officer disqualification 3.50.045 Jurisdiction certiorari 7.16.040 civil cases 3.50.020 criminal cases 3.50.020 generally 3.50.010 mandamus, jurisdiction to issue 7.16.160 motor vehicle violations, concurrent jurisdiction 46.08.190 penalties, enforcement and recovery 35.20.030 writ of prohibition, jurisdiction prohibited 7.16.300 Municipal judges oath of office 3.50.097 Offender supervision by another state 3.50.355 Operating costs, payment 3.50.080 Part-time appointed judges appointment, qualifications 3.50.075 Penalties, where no other prescribed 3.50.440 Pleadings, practice and procedure 3.50.450 Pleas 3.50.320 Probation termination 3.50.340 Revenue, disposition and interest 3.50.100 Seal 3.50.115 Sentences 3.50.320, 3.50.330, 3.50.340 service of process 3.50.425 Sessions 3.50.110 Termination 3.50.805, 3.50.810 agreement with county to handle criminal cases, arbitration 35.20.010, 35.22.425, 35.27.515, 35.30.100 Termination procedure 3.50.060 Traffic school of city or town and county, court may compel attendance at 46.83.050 Traffic violations bureau 3.50.030 Youth courts Ch. 3.72 MUNICIPAL RESEARCH COUNCIL Cities and towns ordinances, information pooling 35.21.185 City and town research services account 43.110.060 Counties, research and services for Ch. 43.110 County research services account 43.110.050 Hazardous liquid and gas pipeline, model ordinance and franchise agreement 43.110.070 Local government regulation and policy handouts, technical assistance 43.101.040, 43.110.040 Members 43.110.010 Motor vehicle excise tax Ch. 82.44 Powers and duties 43.110.010 Research and services enumerated 43.110.030 special purpose districts 43.110.080, 43.110.090 MUNICIPAL REVENUE BOND ACT (See CITIES AND TOWNS, subtitle Fiscal matters) MUNICIPALITIES (See CITIES AND TOWNS) MURDER Abuse, homicide by abuse 9A.32.055 Aggravated murder in the first degree generally Ch. 10.95 Benefit from death of victim prohibited Ch. 11.84 Coroner’s inquest, testimony reduced to writing 36.24.080 Defined as homicide 9A.32.010 Duress, not a defense 9A.16.060 First degree premeditation 9A.32.020 Limitation of action, none 9A.04.080 Slayers, inheritance from victim prohibited Ch. 11.84 MUSEUMS (See also HISTORIC PRESERVATION) Burke museum Ch. 27.40 Cities and towns acquisition and control 35.21.020 authority for local improvement 35.43.040 first class cities acquisition and use 35.22.290 leasing of land for 35.22.300 Historic automobile museum sales and use tax deferral 82.32.580 Indian graves and records Ch. 27.44 State capital historical museum 27.34.900 State historical societies Ch. 27.34 Unclaimed property held by museums or historical societies 63.26.010, 63.26.020, 63.26.030, 63.26.040, 63.26.050 MUSHROOMS Specialized forest products permit required 76.48.060 transportation or possession without permit unlawful 76.48.070 Wild edible mushrooms specialized forest products, generally Ch. 76.48 MUSIC FESTIVALS (See OUTDOOR MUSIC FESTIVALS) MUTUAL AID PEACE OFFICERS (See LAW ENFORCEMENT OFFICERS, subtitle Mutual aid peace officers powers) MUTUAL INSURERS (See INSURANCE, subtitle Mutual insurers) MUTUAL SAVINGS BANKS Accounting refusal to submit accounts to inspection, grounds for supervisor to take possession of bank 32.24.040 regulations 32.12.050 (2008 Ed.) MUTUAL SAVINGS BANKS Advertising, misleading as to surplus or guaranty fund 32.12.080 African development bank, investment in 32.20.219 Agency agreements notice to director of financial institutions 32.04.035 Appraisal of real property 32.12.050 Articles of incorporation, amendments, extension of time of existence 30.08.080 Assessments, capital notes or debentures not subject to 30.36.050 Assets transfer of assets when insolvent, penalty 32.24.080 Assignment for benefit of creditors prohibited, exception 32.24.070 Authorization certificate 32.08.070 Automated teller machines security requirements 32.04.310 Bonds of officers and employees 32.16.120 Borrowing powers and restrictions 32.08.140 Branches conditions for establishing 32.04.030 operation outside Washington 32.08.148 Bylaws, provision for retirement of trustees 32.16.012 Capital notes or debentures assessments, not subject to 30.36.050 conversion rights 30.36.020 definitions 30.36.010 impairment of capital stock 30.36.030 correction before payment or retirement 30.36.040 issuance and sale 30.36.020 liability of holders, limitations upon 30.36.050 subordinate to rights of depositors and creditors 30.36.010 Capital stock, capital notes or debentures, issuance of as impairing 30.36.030 Capital stock savings bank, conversion to Ch. 32.32 Certificates of deposit may issue 32.08.150 Consolidation 32.24.030, Ch. 32.34 Conversion Ch. 32.32, Ch. 32.34 savings and loan association to director may serve as trustee 32.16.130 Conversion of savings and loan association to 33.44.020, 33.44.080, 33.44.090, 33.44.125, 33.44.130 Creditors, transfers by insolvent bank void, penalty 32.24.080 Crimes relating to 32.04.120 evidence, concealing or destroying, penalty 32.04.110 falsification of books or securities, penalty 32.04.100 general penalty 32.04.130 Debts how carried on books 32.12.050 Definitions 32.04.020 Deposits Ch. 30.22 adverse claims to deposits must be accompanied by court order, injunction or bond procedure 32.12.120 adverse claims to must be accompanied by court order, injunction or bond exception 30.20.090 amount, limitations 32.12.010 conditions precedent to acceptance 32.08.080 drafts for withdrawal, depositor’s instructions 32.12.025 limitations 32.12.010 payment to foreign administrator or executor director may serve as trustee 32.16.130 postponement of payments of authorized, when 30.56.020 business during 30.56.030 deposits during, separation, deemed trust funds 30.56.040 (2008 Ed.) order or director of financial institutions for 30.56.020 repayment 32.12.020 securities with approved depositary required 32.20.310 withdrawal by drafts permitted 32.12.025 Development credit corporations, membership in 31.20.070 Directors liability for violations of banking laws 32.16.140 Dividends guaranty fund, payment from, when 32.08.115, 32.08.116, 32.08.120 repayment 32.12.020 Domestic savings bank, conversion Ch. 32.34 Drafts for withdrawal of funds, depositor’s instructions 32.12.025 Earnings, computation 32.12.070 Employee benefits establishment 32.04.080 supplemental payments, procedure 32.04.082, 32.04.085 Engaging in business of mutual savings bank, compliance with laws regulating 30.04.280 Evidence concealing or destroying, penalty 32.04.110 records, books and accounts as 32.04.070 Examinations board of trustees examination, report 32.16.100 confidentiality of reports and information 32.04.220 cooperative and reciprocal agreements 32.04.211 frequency and scope 32.04.211 refusal to submit to, grounds for supervisor to take possession of bank 32.24.040 Examinations of cost of, collection 30.04.070 Existence extension of existence 32.08.061 Expense fund contributions to 32.08.090 purpose 32.08.090 Expiration of term, winding up 30.08.080 Federal deposit insurance corporation investments in stock of authorized 30.32.010 liquidation by 32.24.090, 32.24.100 Federal home loan banks borrowing from authorized 30.32.020 depositary for bank funds, may designate as 30.32.040 investments in stock of authorized 30.32.020 Federal reserve banks, investments in stock of authorized 30.32.010 Federal reserve system investments in authorized 30.32.010 membership in authorized 30.32.010 Filings authorization certificate 32.08.070 extension of existence 32.08.061 Financial institutions, department of director’s powers under chapter 19.144 RCW 32.04.320 Guaranty fund contributions to 32.08.100 dividends payment of 32.08.115, 32.08.116 how constituted 32.08.100 interest payment of 32.08.115, 32.08.116 misleading advertising as to 32.12.080 purpose 32.08.110 Incorporation approval, procedure upon receipt 32.08.060 certificate of contents 32.08.010 submission 32.08.030 examination and action by director of financial institutions 32.08.040 notice of intention 32.08.020 number and qualification of incorporators 32.08.010 refusal of certificate, appeal 32.08.050 Insolvency bank’s right to contest director’s possession 32.24.060 federal deposit insurance corporation, liquidation by 32.24.100 grounds for liquidation 32.24.050 liquidation procedure Ch. 32.24 transfer of assets when insolvent, penalty 32.24.080 Insurance fire insurance restrictions 32.08.160 Insurance companies, investment in 48.13.200 Insurance premium finance company act, application to 48.56.030 Interest change of rate, posting requirements 32.12.090 guaranty fund, payment from, when 32.08.115, 32.08.116 payment of, regulations as to 32.12.020 rate 32.12.090 Investment of public and trust funds in 39.60.050 Investment of trust funds application of chapter 11.100.050 authorized investments Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 commercial account 11.100.037 community renewal obligations 35.81.110 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060 governed by this chapter 11.100.010 instrument authorized investments, defined 11.100.070 deviation upon court permission 11.100.040 legal investment, defined 11.100.070 investment of trust or company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060 marital deduction interests 11.100.025 metropolitan municipal corporations securities 35.58.510 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts collateral security 11.100.030, 11.100.037 federally insured 11.100.030, 11.100.037 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 United States corporation bonds valid investment 39.60.010 Investment power limitations 32.20.020 Investments African development bank 32.20.219 aggregate total amount permitted 32.20.410 appraisals of mortgaged property for purposes of 32.20.265 Asian development bank 32.20.217 bankers’ acceptances 32.20.220 banks 32.20.430 bills of exchange 32.20.220 bridge district bonds 32.20.110 Canadian bonds or obligations 32.20.030 capital stock, notes, bonds, etc. 32.20.390 city and town local improvement district bonds 32.20.120 city in adjoining state, bonds 32.20.080 city in any state, bonds 32.20.100 city in any state, municipal obligations 32.20.090 city or town bonds or warrants 32.20.070 [RCW Index—page 511] MUTUAL SAVINGS BANKS city water, sewer, or electric revenue bonds 32.20.070, 32.20.100 commercial paper 32.20.220 corporate bonds and obligations 32.20.370 county bonds or warrants 32.20.070 county funds 36.29.020 county in adjoining state, bonds 32.20.080 county in any state, municipal obligations 32.20.090 deeds of trust 32.04.022 definitions 32.20.010 diking district bonds 32.20.130 diking improvement district bonds 32.20.130 drainage district bonds 32.20.130 drainage improvement district bonds 32.20.130 duties of trustee to make 32.20.320 federal agency or corporation bonds or obligations 32.20.045 federal deposit insurance corporations 30.32.010 federal home loan banks 30.32.020 federal reserve system 30.32.010 federally insured banking institutions stocks, securities, and obligations of, authority to acquire 32.20.445 federally insured or secured loans, contracts, securities 32.20.040 flood control district bonds 32.20.110 highway district bonds 32.20.110 housing factory built 32.20.460 mobile homes 32.20.460 housing and industrial development bonds 32.20.090 housing rehabilitation, remodeling or expansion 32.20.460 housing under government and other programs 32.20.460 Inter-American development bank 32.20.215 international bank for reconstruction and development obligations 32.20.210 investment trusts and companies 32.20.035 irrigation district bonds 32.20.130 limitations on percent of funds that may be invested 32.20.410 loans 32.20.400 advances of credit, etc. 32.20.390 sales, interest rate exchange agreements, or exchanges 32.08.225 local improvement district of city or town bonds 32.20.120 low cost housing and environmental development, criteria, restrictions 32.20.450, 32.20.460, 32.20.480 mobile homes limitations 32.20.450, 32.20.460 security for loans 32.20.253 mortgage, includes deeds of trust 32.04.022 multilateral development banks 32.20.219 municipal corporation bonds or warrants 32.20.070 municipal obligations 32.20.090 negotiable certificate of deposits 32.20.320 notes secured by passbook 32.20.240 securities or real estate mortgages 32.20.230 park and recreational area development 32.20.470 park district bonds 32.20.110 passbook secured notes 32.20.240 port district bonds or warrants 32.20.070, 32.20.110 promissory notes secured by securities or real estate mortgages 32.20.230 public utility district water, sewer, or electric revenue bonds 32.20.070 qualified thrift investments 32.20.335 real estate security for loans 32.20.253 real estate mortgages 32.20.450, 32.20.460 "prudent real estate loans", permitted, limitation on 32.20.285 [RCW Index—page 512] real property 32.20.280 authority to improve, rent, lease, otherwise deal 32.20.285 restrictions 32.20.330 sanitary district bonds 32.20.110 school district bonds or warrants 32.20.070 school district in adjoining state, bonds 32.20.080 secured, unsecured loans, additional investment authority 32.20.415 small business investment companies, licensed by United States 32.20.047 state other than Washington bonds or obligations 32.20.060 state of Washington bonds or obligations 32.20.050 stocks or securities of corporations 32.20.380 trust companies 32.20.430 tunnel district bonds 32.20.110 United States bonds or obligations 32.20.030, 32.20.430 water-sewer district bonds or warrants 32.20.070, 32.20.110 working fund for 32.20.320 Investments federal reserve banks 30.32.010 Liability of holders of capital notes or debentures limited 30.36.050 Licenses master license system exemption 19.02.800 Limited liability company conversion to 32.08.025 Liquidation federal deposit insurance corporation, by 32.24.090, 32.24.100 insolvent bank, procedure Ch. 32.24 postponement of payment of deposits not grounds for 30.56.030 receivership prohibited, exception 32.24.070 solvent bank, procedure 32.24.010, 32.24.020, 32.24.030 transfer of assets and liabilities to another bank 32.24.030 voluntary, procedure 32.24.010, 32.24.020, 32.24.030 Loan sales or exchanges authorization 32.08.225 requirements, restrictions 32.08.230 Loans charges, parity with out-of-state national banks 30.04.025 mobile homes security for 32.20.253 purposes 32.20.400 real estate security for 32.20.253 secured, unsecured, additional investment authority 32.20.415 Low cost housing and environmental development, investment in 32.20.450, 32.20.460, 32.20.470, 32.20.480 Merger Ch. 32.34 Name, words to be included 32.08.010 Night depositories security requirements 32.04.310 Nonroutine transactions notice and procedure 11.100.140 Notices voluntary liquidation 32.24.020 Officers and employees bonds 32.16.120 election of officers by board of trustees 32.16.110 pension, retirement, or health insurance benefits 32.04.080, 32.04.082, 32.04.085 removal 32.16.090, 32.16.093, 32.16.097 Passbooks investment in passbook secured notes 32.20.240 Powers branch operation outside Washington 32.08.148 enumerated 32.08.140 improvement of real estate holdings, rent, lease, sell, etc. 32.20.285 parity banks and trust companies 32.08.157 federal mutual savings banks 32.08.142, 32.08.146 national banks 32.08.153, 32.08.155 trustee 32.08.210, 32.08.215 Publications reports of resources and liability 32.04.050 Real property, term to include horizontal property regimes or condominium interest in property 32.04.025 Receivership postponement of payment of deposits not grounds for 30.56.030 prohibited, exception 32.24.070 Records, books and accounts compliance review information, confidentiality Ch. 7.88 evidence, competent as when certified 32.04.070 Reimbursement fund 32.08.130 Reorganization, bank stabilization plan 30.56.050 Reports to financial institutions director 32.04.050 Satellite facilities, See BANKS AND BANKING, subtitle Satellite facilities Saturday closing permitted, legal effect 30.04.330 Security requirements automated teller machines 32.04.310 night depositories 32.04.310 Stabilization deposits postponement of payments of authorized, when 30.56.020 business during 30.56.030 deposits during, separation, deemed trust funds 30.56.040 liquidation, not grounds for 30.56.030 order of director of financial institutions for 30.56.020 reorganization plan approval 30.56.060 dividends, no payment until reductions to creditors paid 30.56.070 failure to pay off in excess of plan, effect 30.56.080 new bank, authorization for 30.56.090 ratable reductions of depositor or creditor demands 30.56.050, 30.56.060 Surplus, misleading advertising as to 32.12.080 Transfers in contemplation of insolvency 30.44.110 Trust funds, investment, See MUTUAL SAVINGS BANKS, subtitle Investment of trust funds Trustees compensation 32.16.050 declaration of incumbency 32.16.020 examination of bank, report 32.16.100 maximum age 32.16.012 meetings 32.16.040 number 32.16.010, 32.16.060 oath 32.16.020 officers, election 32.16.110 qualifications 32.16.010 quorum 32.16.040 reelection 32.16.080 removal 32.16.080, 32.16.090, 32.16.093, 32.16.095, 32.16.097 restrictions 32.16.070 retirement, provision for in bylaws 32.16.012 vacancy 32.16.030, 32.16.080 Unsafe, illegal practices cease and desist orders 32.04.250, 32.04.260, 32.04.270, 32.04.280, 32.04.290, 32.04.300 injunctions to enforce orders 32.04.280 notice to correct 32.24.040 Violations, general penalty 32.04.130 (2008 Ed.) NATURAL RESOURCES, DEPARTMENT OF Withdrawals, draft on depositor’s instructions 32.12.025 Working fund for investments 32.20.320 NAMES "Bank" or "trust" in name restricted to bank and trust company use, penalty 30.04.020 Birth certificates, See VITAL STATISTICS, subtitle Births and birth certificates Change of action for 4.24.130 fees 4.24.130 filing and recording 36.22.200 petitions for, court commissioners’ power to take 2.24.040 special legislation to effect, prohibited Const. Art. 2 § 28 Cities and towns change of 35.62.010, 35.62.021, 35.62.031, 35.62.041, 35.62.060 Corporations bank, trust, savings and loan, etc. cannot be used 30.04.020 foreign fictitious name, use of nonprofit corporations 24.03.315 nonprofit miscellaneous and mutual corporations 24.06.350 change of 24.06.355 foreign corporations change nonprofit corporations 24.03.320 Counties, corporate 36.01.020 Criminal procedure entry and use of true name 10.40.050 inserting true name during trial 10.46.060 Documents filed or recorded, names to be printed or typewritten 65.04.115 Identification cards official and unofficial proofs of identity, labeling 19.192.010, 19.192.020 Indictments, inserting true name during trial 10.46.060 Insurance companies documents filed affecting, notice requirements 48.02.122 filing 24.03.334, 24.06.369 health care service contractors 48.44.090 mutual insurers, use of 48.06.200 reciprocal insurers, use of 48.10.060 underwriter policies, liability for use 48.18.250 use in business 48.05.190 Limited liability partnerships 25.04.716, 25.05.505 Mortgage bankers, name use permitted 30.04.020 Mutual savings banks, words to be included in name 32.08.010 Nonprofit corporations corporate name 24.03.045 registration of 24.03.047 renewal of 24.03.048 reservation of 24.03.046 Nonprofit miscellaneous and mutual corporations 24.06.045 registration renewal of 24.06.048 registration of corporate name 24.06.047 reservation 24.06.046 Publicly owned vehicles, name of public body to appear on 46.08.065 Trade names, registration Ch. 19.80 Use of name, voice, signature, photograph, or likeness is property right Ch. 63.60 Vehicles of publicly owned bodies, name to appear on 46.08.065 (2008 Ed.) NAMES, GEOGRAPHIC (See GEOGRAPHIC NAMES) NAPHTHA (See EXPLOSIVES) NARCOTICS (See also DRUGS) Arrests, possession of cannabis, warrantless arrests for 10.31.100 Cannabis warrantless arrests for possession of 10.31.100 Controlled substances, See DRUGS, subtitle Controlled substances Dangerous drugs rehabilitation and treatment programs and facilities authorized 72.49.020 Drug asset forfeiture cases attorney general assistance to local law enforcement agencies 43.10.260 Drug asset forfeitures distribution of recovered assets 43.10.270 Drug control assistance unit of state patrol 43.43.600, 43.43.610, 43.43.620, 43.43.630, 43.43.640, 43.43.650 special narcotics enforcement unit organization and duties 43.43.655 Drug testing laboratory, creation at University of Washington 28B.20.315 Insurance disability policies, optional standard provisions regarding 48.20.272 National guard mutual assistance counter-drug activities compact 38.08.500 Possession of person not a prisoner in a state correctional institution, penalty 9.94.045 prohibition correctional institution posting of notice required 9.94.047 Prescription drugs Ch. 69.41 Snowmobiles operating under the influence of 46.10.090 Special narcotics enforcement unit, state patrol organization and duties 43.43.655 NARROWS BRIDGE (See BRIDGES) NATIONAL ANTHEM Schools, rendering of 28A.230.140 NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS Approval of forms, insurer’s annual statement 48.05.250 Defined 48.02.140 NATIONAL CRIME INFORMATION CENTER State patrol duties 10.98.070 NATIONAL DEFENSE FACILITIES ACT Acceptance by state 38.48.050 NATIONAL EMERGENCY (See also CONTINUITY OF GOVERNMENT IN EVENT OF ENEMY ATTACK) Domestic insurers, continuation of business during emergency bylaws 48.07.170 principal office and place of business 48.07.200 provisions applicable during 48.07.180 purpose of act 48.07.160 succession list 48.07.190 NATIONAL FORESTS Civil and criminal jurisdiction of state preserved 37.08.220 Consent of state to acquisition of land by United States 37.08.220 Taxation, jurisdiction of state for purposes of 37.08.220 NATIONAL GUARD (See MILITIA AND MILITARY AFFAIRS) NATURAL AREA PRESERVES (See also PUBLIC LANDS) Generally Ch. 79.70 NATURAL DEATH ACT Criminal mistreatment withdrawal of life support systems not applicable to chapter 9A.42.040 Definitions 70.122.020 Emergency medical personnel, protocols for response 43.70.480 Health care declarations account 70.122.140 registry 70.122.130 Immunity from civil, criminal liability 70.122.051 Life-sustaining treatment, withholding, withdrawal criminal acts, enumerated, penalties 70.122.090 directive conditions 70.122.030 revocation 70.122.040 directive’s validity assumed 70.122.120 excluded from chain of proximate cause 70.122.080 homicide, not considered as 70.122.070 life insurance, not affected by 70.122.070 physician’s responsibility, immunity from liability 70.122.060 prohibited from being a condition for receiving health services or insurance 70.122.070 suicide, not considered as 70.122.070 Mercy killing not authorized 70.122.100 Patient discharge to die at home immunity from civil or criminal liability 70.122.110 Physician-assisted suicide not authorized 70.122.100 Severability 70.122.905 Short title 70.122.900 NATURAL GAS (See OIL AND GAS) NATURAL RESOURCE INFRACTIONS Failure to pay or complete restitution, penalty 7.84.130 Hearings mitigating circumstances 7.84.090 penalty for failure to respond or appear 7.84.060 procedure, appeal 7.84.080 procedure, counsel 7.84.070 Infraction defined 7.84.020 Initiation 7.84.030 Jurisdiction, venue 7.84.040 Legislative declaration 7.84.010 Monetary penalties 7.84.100 Notice determination final unless contested 7.84.050 response 7.84.060 Order of court, penalty, community restitution 7.84.110 Process, issuance of court of limited jurisdiction 7.84.120 NATURAL RESOURCES, BOARD OF (See NATURAL RESOURCES, DEPARTMENT OF, subtitle Board of natural resources) NATURAL RESOURCES, DEPARTMENT OF Administration administrator, commissioner of public lands 43.30.105 created 43.30.030 definitions 43.30.020 employees, merit system 43.30.055 purpose 43.30.010 supervisor, appointed by administrator 43.30.155 Administration of state lands, multiple use concept, See PUBLIC LANDS, subtitle Management and administration, multiple use concept Administrator, See PUBLIC LANDS, subtitle Commissioner of public lands Aquatic lands, See AQUATIC LANDS Board [RCW Index—page 513] NATURAL RESOURCES, DEPARTMENT OF harbor line commission, acting as 43.30.540 Board of natural resources composition 43.30.205 meetings - organization 43.30.225 powers and duties 43.30.215 records - rules 43.30.235 Brands and marks, forest products Ch. 76.36 Conservation corps duties 43.220.060 work project areas 43.220.130 Conservation department, powers and duties of transferred to Ch. 43.27A Derelict vessels Ch. 79.100 Energy facility site evaluation council, membership 80.50.030 Fire production negligent starting of fires, liability 76.04.495 Fire protection allowing extreme fire hazard, liability 76.04.495 arrests without warrants 76.04.065 blasting fuse, use of 76.04.246 burning permits 76.04.205 campfires, failure to extinguish 76.04.700 closure of fire hazard areas 76.04.305, 76.04.325 contracts for protection and development 76.04.105, 76.04.115, 76.04.125 cooperative agreements, public agencies 76.04.135 cooperative protection 76.04.095 definitions 76.04.005 department powers and duties 76.04.015 deposit of fire or live coals during closed season 76.04.435 disposal of forest debris, clearing roads 76.04.650 federal funds 76.04.025 felling trees on another’s land, permission to 76.04.650 fire fighting, employment, assistance 76.04.155 fire hazards, additional, extreme 76.04.660 fire prevention and suppression duties owed to public in general 76.04.016 forest fire advisory board 76.04.145 forest fire protection assessments 76.04.610, 76.04.630 investigations 76.04.015 landowner contingency forest fire suppression account 76.04.630 lighted material, smoking, ashtrays, notices 76.04.455 logging operations, shutting down 76.04.325 mill waste, forest debris, dumping prohibited 76.04.235 mill wood waste, spark arresters 76.04.215 negligent spreading of fire 76.04.730 notices, removal of 76.04.720 owners to protect forests 76.04.600 rangers, ex officio rangers 76.04.045 reckless burning 76.04.710, 76.04.740 reports of fire 76.04.445 rule violations, penalties 76.04.075, 76.04.085 sealed fire tool box, unauthorized entry 76.04.425 service of notices 76.04.055 slash burns, escaped 76.04.486 snags, certain, to be felled 76.04.465 spark-emitting equipment regulated 76.04.405 state appropriations, recovery from landowner contingency fire suppression account 76.04.620 suppression reimbursement for costs 76.04.475 suspension of burning permits or privileges 76.04.315 uncontrolled fire, public nuisance 76.04.750 violations, work stoppage 76.04.415 wardens 76.04.035 willful setting of fires 76.04.710 Fire suppression, See FORESTS AND FOREST PRODUCTS, subtitle Fire protection [RCW Index—page 514] Forest lands community and urban forestry Ch. 76.15 Forest lands, state - acquisition, management, and disposition Ch. 79.22 Forest management services act, See FORESTS AND FOREST PRODUCTS, subtitle Cooperative forest management service act Forest practices riparian buffers 76.13.130 riparian easement program 76.13.120 small forest landowner office 76.13.110, 76.13.120 Forest products workers, dislocated workers program Ch. 50.70 Forested lands - powers and duties information, studies, publication 43.30.700 proceeds, use of 43.30.720 tree seedling stock and tree seed, sale or exchange 43.30.710 Forestry brands and marks Ch. 76.36 forest practices applications, approval, disapproval 76.09.050 emergency rule making 34.05.090, 76.09.055 inspection, right of entry 76.09.150 notice of failure to comply 76.09.090 orientation and training, continuing program, establishment of policy 76.09.250 prior permits, extensions 76.09.920 research needs, annual determination, recommendations 76.09.270 rules, administration 76.09.040 state’s interest, representative of 76.09.260 stop work orders 76.09.080 failure to comply 76.09.130 reforestation, inspection of deforested land 76.09.290 Forestry, See also FORESTS AND FOREST PRODUCTS Funds Clarke-McNary fund 43.30.360 cooperative farm forestry funds 43.30.370 federal funds for management and protection of forests, forest and range lands 43.30.340, 43.30.345 natural resources deposit fund 43.30.325 natural resources equipment fund 43.30.305, 43.30.315 parkland trust revolving fund 43.30.385 Geological survey of the state entry upon lands for purpose of 43.92.080 federal geological survey cooperation with 43.92.060, 43.92.070 objects of survey 43.92.020 printing and distribution of reports 43.92.040 seismic, landslide, and tsunami hazards 43.92.025 state geologists 43.92.010 Geothermal energy appropriation for exploration and assessment 43.140.060 Geothermal resources administration of chapter 78.60.050 authority of department 78.60.180 combining orders, unitization programs, well spacing, authority of department 78.60.160 drilling permits 78.60.070 criteria for granting 78.60.080 drilling records and logs, inspection, filing 78.60.200 employment of personnel 78.60.190 performance bond or other security 78.60.130 termination, when 78.60.140 production records, filing 78.60.220 records confidentiality of 78.60.230 removal, destruction, alteration of, prohibited 78.60.240 violations, modifications, departmental orders 78.60.250 wells sale, exchange, transfer, notification of 78.60.150 wells or core holes abandonment or suspension of operations, notice, procedure 78.60.120 casing requirements 78.60.090 completion, abandonment or suspension of operations, filing 78.60.210 plugging and abandonment jurisdiction transfer to department of ecology, when 78.60.100 requirements 78.60.100 suspension of drilling, shut-in or removal of equipment for authorized period 78.60.110 unlawful abandonment 78.60.110 Housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 Integrated pest management Ch. 17.15 Landscape management plans pilot projects 76.09.350 Lease of escheat estates, authority, disposition of revenue 11.08.205 Limited outdoor burning, permit program, establishment and exceptions 70.94.745 Management of land - authorities and policies general provisions acquired lands, management of - land acquired by escheat suitable for park purposes 79.10.030 authority to accept land 79.10.020 gifts of county or city land for offices, warehouses, etc. 79.10.040, 79.10.050 local ordinances, compliance with 79.10.060 reports 79.10.010 watershed areas providing water supply for city or town, public lands within - Lake Whatcom pilot project 79.10.070 Management of state lands, multiple use concept, See PUBLIC LANDS, subtitle Management and administration, multiple use concept Metals mining and milling operations, department powers and duties Ch. 78.56 Mining and geology - powers and duties gifts and bequests 43.30.650 information, studies, publication 43.30.610 mine owners, maps - filing 43.30.640 minerals, collection for exhibition 43.30.660 sealing of open holes and mine shafts 43.30.630 Mining survey reports, forwarding to department of natural resources 78.06.030 Navigable waters deposit of wood debris into unlawful, exception 76.42.060 removal of wood debris, authority to enforce law 76.42.010 wood debris removal authority 76.42.030 wood debris removal authority to adopt and enforce rules 76.42.070 Oil and gas powers and duties of department Ch. 78.52 Olympic natural resources center 43.30.800, 43.30.810, 43.30.820, 43.30.830 On-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative declaration 43.81.010 Parks, use of public lands for state or city purposes Ch. 79A.50 Pest control integrated pest management Ch. 17.15 Powers and duties administrator 43.30.421 cost - reimbursement agreements 43.30.490 federal safe drinking water act 43.30.460 indemnification of private parties 43.30.411 property transactions, restrictive conveyances, highway purposes 43.30.520 (2008 Ed.) NE EXEAT real property - services and facilities available 43.30.530 right of entry - inspections and enforcement 43.30.450 substitute board or commission member, appointment 43.30.510 supervisor 43.30.430, 43.30.440 survey, state geological 43.30.600 watershed restoration projects, permit processing 43.30.480 Public lands access roads Ch. 79.38 aquatic lands—beds of navigable waters Ch. 79.130 aquatic lands—easements and rights of way Ch. 79.110 aquatic lands—harbor areas Ch. 79.115 aquatic lands—in general Ch. 79.105 aquatic lands—oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 aquatic lands—tidelands and shorelands Ch. 79.125 aquatic lands—valuable materials, sale of Ch. 79.140 aquatic lands—waterways and streets Ch. 79.120 assessments and charges against Ch. 79.44 bank, land Ch. 79.19 capitol building lands Ch. 79.24 easements over Ch. 79.36 forest lands, state - acquisition, management, and disposition Ch. 79.22 funds for managing and administrating Ch. 79.64 highway purposes, acquisition easements across navigable waters and harbors 47.12.026 procedure 47.12.023 leases, state land Ch. 79.13 management - authorities and policies Ch. 79.10 management - general Ch. 79.02 marine plastic debris Ch. 79.145 Milwaukee road corridor Ch. 79.73 mineral, coal, oil, and gas leases Ch. 79.14 natural area preserves Ch. 79.70 natural resources conservation areas Ch. 79.71 rules, adoption and enforcement authority 43.12.065 sales, state lands Ch. 79.11 transfers, land Ch. 79.17 use for state or city parks Ch. 79A.50 valuable materials, sale of Ch. 79.15 Rules compliance technical assistance program Ch. 43.05 Rural natural resources impact areas dislocated workers program Ch. 50.70 Salmon industry, dislocated workers program Ch. 50.70 Silvicultural forest burning program to reduce statewide emissions, objectives and exemption 70.94.665 Specialized forest products, duties 76.48.040 State base mapping system department to establish and maintain Ch. 58.22 State lands Lacey compound 76.01.080, 76.01.090 Stewardship of nonindustrial forests and woodlands definitions 76.13.010 departmental authority 76.13.020 funding, authority to receive and disburse funds 76.13.030 legislative finding 76.13.005 purpose 76.13.007 Surface mining, duties, See MINES AND MINING, subtitle Surface mining Surveys and maps department named official agency for Ch. 58.24 Surveys and maps account 58.24.060 (2008 Ed.) Trust lands parks and recreation commission purchase 79A.05.210 transfer to parks and recreation commission 79A.05.220 NATURAL RESOURCES CONSERVATION AREAS (See also PUBLIC LANDS) Generally Ch. 79.71 NATURALIZATION Power of superior court 2.08.010, Const. Art. 4 § 6 NATURE CONSERVANCY CORPORATION, NONPROFIT (See also PUBLIC LANDS, subtitle Open space, farm and timber land—Acquisition for conservation purposes) Conservation, preservation interest in land acquisition, authorized 64.04.130 conveyance, form 64.04.130 NATUROPATHY Compliance with administrative procedures 18.36A.130 Definitions 18.36A.020 Drugless healing, license required Ch. 18.36 Educational programs, standards 18.36A.100 Examination for licensure 18.36A.110 Exemptions 18.36A.050 Health, secretary of powers 18.36A.060 Immunity from liability, secretary and committee 18.36A.080 Licenses reciprocity 18.36A.120 renewal 18.36A.140 required 18.36A.030 requirements 18.36A.090 Naturopathic advisory committee 18.36A.070 Professional service corporations Ch. 18.100 Scope of practice 18.36A.040 Uniform disciplinary act, application 18.36A.060 NAVIGABLE WATERS (See also HARBOR AREAS; RIVERS AND STREAMS; TIDELANDS; WATERCOURSES AND WATERWAYS) Bays, obstructing is nuisance 7.48.120 Cities and towns adjacent to, jurisdiction 35.21.160 Counties, sale and use by diking districts 85.05.082 Deposit of wood debris into unlawful, exception 76.42.060 Disclaimer by state where patented, exception Const. Art. 17 § 2 Harbor improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Harbor lines, commission to be established to locate Const. Art. 15 § 1 Natural resources, department of, wood debris, removal authorization 76.42.030 Obstructing is nuisance 7.48.120 Railroads, authority to construct bridges over 81.36.100 Removal of wood debris definitions 76.42.020 natural resources, department of, enforcement authority 76.42.010 Rivers, obstructing is nuisance 7.48.120 State ownership in beds and shores asserted Const. Art. 17 § 1 Streams, obstructing is nuisance 7.48.120 Streets over tidelands, public highways 35.21.230 Vessels and shipping, See VESSELS AND SHIPPING Water rights, See WATER AND WATER RIGHTS Wood debris removal natural resources, department of, authority to adopt and enforce rules 76.42.070 NAVIGATION Cities and towns, canals and ditches in fill areas, powers for 35.56.200 Counties, lease or conveyance to United States for 36.34.220, 36.34.230, 36.34.240 Drawbridges obstructing, prohibition 35.74.040 Elections, electors and voters, not disqualified while navigating Const. Art. 6 § 4 Insurance for, See INSURANCE, subtitle Marine and transportation insurance Marine ports and navigation statewide transportation planning Ch. 47.06 Obstructing navigation, penalty 88.28.050 Pilots and pilotage, See VESSELS AND SHIPPING Port districts, improvement of waters and waterways 53.08.060 Public waterway districts, See PUBLIC WATERWAY DISTRICTS River and harbor improvements, planning and funding Ch. 88.32 NAVY HOMEPORT Armed forces shipboard population determination, revenue allocation 43.62.030 NE EXEAT Affidavits commencement of action by 7.44.010 contents 7.44.010 filing 7.44.010, 7.44.040 Appearance, bail bond 7.44.030 Arrest bail has right of 7.44.030 debtors privileged from arrest, exception Const. Art. 1 § 17 order of arrest and bail directed to sheriff 7.44.021 issuance 7.44.021 return 7.44.021 service 7.44.021 Bail 7.44.030 bonds 7.44.030 order of arrest and bail directed to sheriff 7.44.021 issuance 7.44.021 return 7.44.021 service 7.44.021 Bonds bail bonds 7.44.030 damages and costs, covering 7.44.021 Clerks of court affidavit filed with 7.44.010 bond approval of 7.44.021 filed with 7.44.021 order of arrest and bail, issuance 7.44.021 Commitment, default on bail bond 7.44.030 Complaints, filing 7.44.020 Contracts, enforcement of 7.44.010 Costs, bond covering 7.44.021 Credits, taking from state to defraud plaintiff 7.44.010 Damages, bond covering 7.44.021 Default, bail bond, on 7.44.030 Discharge from custody securing performance of contract 7.44.031 security required 7.44.030 Filing affidavits 7.44.010, 7.44.040 bond for damages and costs 7.44.021 complaints 7.44.020 Grounds 7.44.010 Habeas corpus remedy available to defendant 7.44.050 Insolvency of co-contractors 7.44.040 Joint obligors, proceedings available to 7.44.040 Jurisdiction of district courts 7.44.060 Justification, bond covering damages and costs 7.44.021 Money, taking from state to defraud plaintiff 7.44.010 Nonresidents, against 7.44.040 Orders of court [RCW Index—page 515] NEGLIGENCE order of arrest and bail directed to sheriff 7.44.021 issuance 7.44.021 return 7.44.021 service 7.44.021 Property, taking from state to defraud plaintiff 7.44.010 Security in lieu of bail bond 7.44.030 Service, order of arrest and bail 7.44.021 Sheriffs, bail bond, to require 7.44.030 Sureties bail bond 7.44.030 bonds covering damages and costs 7.44.021 proceedings available to 7.44.040 Venue 7.44.070 NEGLIGENCE (See also CIVIL ACTIONS AND PROCEDURE; PROFESSIONAL NEGLIGENCE) Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Contributory negligence damages diminished proportionally 4.22.005 effect of 4.22.005 Driving under the influence personal injury, wrongful death, contributory fault 5.40.060 Fire permitted to spread action for 4.24.040 Livestock, railroad injuring, prima facie negligence if inadequate fence or cattle guard 81.52.070 Nuclear incidents, storage or transportation liability 4.24.450, 4.24.460 Personal injury defense, contributory fault 5.40.060 Spouse, domestic partner, minor child, not imputed 4.22.020 Wrongful death defense, contributory fault 5.40.060 NEGLIGENT HOMICIDE (See HOMICIDE, subtitle Negligent homicide) NEGOTIABLE INSTRUMENTS (See also UNIFORM COMMERCIAL CODE, subtitle Investment securities; UNIFORM COMMERCIAL CODE, subtitle Negotiable instruments) Actions on, costs, several actions where joinder possible, recovery of costs limited 4.84.050 costs limited 4.84.050 Assignments setoff and counterclaims 4.08.080 Attorneys’ fees cases wherein allowed, court to fix amount 4.84.020 contract provision for allowance, court to fix amount, limitation 4.84.020 Bank check certified, bona fide holder’s rights 30.16.010 Bills of exchange gambling, validity of bill of exchange as evidence of gambling debt 4.24.090 limitation of actions, tolling by part payment 4.16.270 mutual savings banks may invest in 32.20.220 powers of trust companies as to 30.08.150 savings and loan associations, authority to collect or protest 33.12.010 Bills of lading, See BILLS OF LADING; UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title Check cashers and sellers, regulation Ch. 31.45 Checks certification bona fide holder’s rights 30.16.010 certification without funds, penalty 30.16.010 effect of 30.16.010 [RCW Index—page 516] Commercial paper mutual savings banks, investments in 32.20.220 Costs, several actions where joinder possible, recovery limited 4.84.050 Evidence telegraphic or electronic communications Ch. 5.52 Exemptions from execution, personal exemption, claimant to list, limitations 6.15.060 Fees, attorneys negotiable instruments cases wherein allowed, court to fix amount 4.84.020 contract provision for allowance, court to fix amount, limitation 4.84.020 Highway construction bonds as 47.10.030, 47.10.170, 47.10.300, 47.10.430, 47.10.708 Holders in due course, checks, certified, bona fide holder’s rights 30.16.010 Limitation of actions, bills of exchange, tolling by part payment 4.16.270 Port district revenue bonds 53.40.040, 53.40.130 Port district toll facilities, revenue bonds and notes 53.34.030 Promissory notes gambling, validity of promissory note as evidence of gambling debt 4.24.090 limitation of actions, tolling by part payment 4.16.270 mutual savings banks, investment in 32.20.230, 32.20.240 Toll bridge bonds as 47.56.140 Warehouse receipts, See UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title; WAREHOUSE RECEIPTS NEIGHBORHOOD ELECTRIC VEHICLES (See MOTOR VEHICLES) NEIGHBORHOOD SELF-HELP PROJECTS Authority to contract with community service organizations 35.21.278 NEW TRIALS Conviction on new trial credit of time served on term 9.95.063 Defined 4.76.010 Discovery of grounds after verdict, report, or decision procedure 4.76.080 time limitation 4.76.080 Ejectment and quieting title actions authorized, when 7.28.260 possession, effect on 7.28.270 Findings of fact set aside 4.44.060 Increase or reduction of verdict as alternative to 4.76.030 Mandamus proceedings, motion for 7.16.230 Motion for mandamus proceedings 7.16.230 newly discovered evidence, grounds, requirements as to 4.76.070 prohibition proceedings 7.16.320 time limitations for filing exception on delayed discovery of grounds 4.76.080 verdict reduction or increase as alternative to 4.76.030 Newly discovered evidence, requirements as to 4.76.070 Prohibition proceedings, motion for 7.16.320 Vacation or modification of judgment or order because new trial granted 4.72.010 NEW YEAR’S DAY School holiday 28A.150.050 NEWS MEDIA (See also NEWSPAPERS; RADIO; TELEVISION) Compelled disclosure, protection 5.68.010 NEWSPAPERS (See also PUBLICATIONS) Carriers under eighteen years of age, licensing by city or town prohibited 35.21.696 Cities and towns, official designation 35.21.875, 35.27.350 Code cities designation of official newspaper 35A.21.230 Counties, official designation 36.72.071, 36.72.080, 36.72.090 Freedom of speech and press guaranteed to every person Const. Art. 1 § 5 Intercepting private conversations 9.73.030 Legal notices, rates 65.16.091 Libel, See LIBEL AND SLANDER Mailed or sent without order is gift 19.56.010 Newspaper delivery, unemployment compensation 50.04.240 Notices, publication, See PUBLICATION OF LEGAL NOTICES Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 Political advertising rates 65.16.095 Publication of summons in 4.28.110 Sales and use tax exemption 82.08.0253 Search warrants 10.79.015 Vendors and carriers, minimum wage 49.46.010 NIGHT COURTS Cities and towns department of municipal courts 35.20.020 Municipal courts, night court department 35.20.020 NIGHT DEPOSITORIES (See BANKS AND BANKING, subtitle Night depositories) NITROGLYCERINE (See also EXPLOSIVES) Containers, marking of 70.74.300 Public nuisance, manufacturing as 7.48.140 NO-CONTACT ORDER (See RESTRAINING ORDERS) NOISE CONTROL Civil penalties 70.107.050 Definitions 70.107.020 Exemptions 70.107.080 Local regulation, approval 70.107.060 Motor vehicles, rules relating to administration 70.107.070 penalties 70.107.070 violations 70.107.070 Municipal pollution control facilities and bonding, See POLLUTION CONTROL MUNICIPAL BONDING Other rights, remedies, powers, duties and functions 70.107.060 Powers and duties of department of ecology 70.107.030 Purpose 70.107.010 Rules, noise levels, effective date 70.107.030, 70.107.040 Short title 70.107.910 Snowmobiles levels, standards 46.10.090 NONJOINDER (See JOINDER) NONJUDICIAL DAYS Superior courts, closed on 2.08.030, Const. Art. 4 §6 Writs, certain may be issued and served on Const. Art. 4 § 6 NONPRESCRIPTION DRUGS (See DRUGS, subtitle Over-the-counter medications) NONPROFIT CORPORATIONS (See also CORPORATIONS, subtitle Nonprofit corporations) Alcoholic beverages licenses for corporations near Canadian border, conditions 66.12.110 Board of directors liability, limitations 4.24.264 Cemeteries restoration, maintenance, and protection of abandoned cemeteries 68.60.030 Child care for state employees’ children (2008 Ed.) NOTARIES PUBLIC employee child care organizations organization as nonprofit corporation to qualify for services under RCW 41.04.380 41.04.382 Facilities, financing of default 43.180.360 definitions 43.180.300 housing finance commission powers 43.180.310 lessees and assignees, liability of 43.180.350 revenue bonds 43.180.320 revenue refunding bonds 43.180.330 trust agreements 43.180.340 Historic preservation real property acquisition open space law 64.04.130 Hospitals sale or acquisition of nonprofit hospitals, procedures Ch. 70.45 Liability, limitations 4.24.264 Nonprofit miscellaneous and mutual corporations generally Ch. 24.06 Officers liability, limitations 4.24.264 Port districts training and education 53.06.060, 53.06.080, 53.06.090 Public benefit nonprofit corporations public purchase participation agreements, corporation may enter into agreement with department of general administration 39.34.055 Uniform management of institutional funds act Ch. 24.44 NONPROFIT ORGANIZATIONS (See also CORPORATIONS, subtitle Nonprofit corporations) Adult literacy program Ch. 28B.06 Alcoholic beverages arts organization license 66.24.495 sale at specific event, special occasion license and conditions 66.24.375, 66.24.380 Boxing, martial arts, and wrestling events, amateur contestants, medical certification 67.08.015 Camps and conference centers, see CAMPS AND CONFERENCE CENTERS Charitable solicitations Ch. 19.09 Children donors and distributors of items to children immunity from civil and criminal liability 70.200.020 construction of chapter 70.200.030 definitions 70.200.010 Facilities, financing of definitions 43.180.300 Fish hatcheries, volunteer group projects 77.100.170 Food and food products donation and distribution to needy persons Ch. 69.80 Fund raising event defined 9.46.0233 Gambling 9.46.0209, 9.46.0311, 9.46.0321, 9.46.0351 raffles, authority to conduct 9.46.0315 sharing facilities 9.46.0701 Horticultural plants and facilities permits 15.13.270 Life insurance insurable interest in life of person, procedure to establish 48.18.030 Performing arts, art museums, and cultural facilities grant program to fund acquisition, rehabilitation, or construction 43.63A.750 Public benefit nonprofit corporations public purchase participation agreements, corporation may enter into agreement with department of general administration 39.34.055 Social services (2008 Ed.) assistance to organizations providing nonresidential services 43.88.570 Youth services facilities competitive process for assisting nonprofit youth organizations 43.63A.135 NONRESIDENT VIOLATOR COMPACT Established 46.23.010 Legislative review 46.23.040 Provisions 46.23.010 Reciprocal agreements, authorized 46.23.020 Rules administration and enforcement 46.23.040 NONRESIDENTS Aircraft, federal licensing of 14.16.020 Associations, service of summons on, personal service 4.28.080 Attachment bond unnecessary, when 6.25.080 ground for 6.25.030 Attorneys practice in state 2.48.170 reciprocity 2.48.190 Business transactions or acts submitting to state jurisdiction 4.28.185 College and university students, See COLLEGES AND UNIVERSITIES, subtitle Nonresident student Corporations service of process on, See SERVICE OF PROCESS AND PAPERS, subtitle Corporations service of summons on, personal service 4.28.080 Costs, district judges may require security for 12.04.170 Crimes committed outside state, when punishable 9A.04.030 Defined motor vehicle law 46.04.360 Ejectment and quieting title actions appointment of trustee for nonresident defendant 7.28.010 service by publication 7.28.010 Eminent domain city in adjoining state authorized to condemn watershed property 8.28.050 Execution against, personal exemption unavailable 6.15.050 Executor and administrator may serve as, bond, service of papers, appointment of 11.36.010 Fishing licenses 77.32.470 Guardianship, See GUARDIAN AND WARD Higher education students resident or nonresident student, defined 28B.15.012 Joint stock company, service of summons, personal service 4.28.080 Jurisdiction acts submitting nonresident to state jurisdiction 4.28.185 Juveniles, interstate compact on Ch. 13.24 Limitation of actions by foreign statutes of limitation 4.16.290 Mental illness, return to state of residence Ch. 72.25 Motor vehicle accident or violation, service on secretary of state 46.64.040 Motor vehicle financial responsibility law, application to, See MOTOR VEHICLES, subtitle Financial responsibility law Motor vehicle law application to 46.08.070 operating vehicle under out-of-state operator’s license prohibited if Washington license suspended, revoked or canceled 46.20.345 record of operator violation in this state forwarded 46.20.300 vehicle licenses, nonresident exemption reciprocity requirement 46.16.030 Motor vehicles nonresident violator compact Ch. 46.23 Ne exeat, against 7.44.040 Nonresident taxicabs, certificates and operators’ permits for 46.72.130, 46.72.140 reciprocity exemption 46.72.150 Out-of-state witnesses Ch. 10.55 Partition proceedings investment of proceeds from sale of property for 7.52.400 terms of sale to be directed by court 7.52.280 Partnerships, service of summons on, personal service 4.28.080 Personal exemption unavailable to 6.15.050 Personal representatives, may serve as, bond, service of papers on, appointment of 11.36.010 Plaintiffs, security for costs required 4.84.210 bond in lieu of separate security for costs 4.84.220 dismissal for failure to give security for costs 4.84.230 judgment on 4.84.240 standing bond for numerous actions 4.84.220 Resident, defined 46.16.028, 46.20.021 Service of process on 4.28.080 ejectment and quieting title actions 7.28.010 motor vehicle operators 46.64.040 personal representatives 11.36.010 publication, service by acts submitting to state jurisdiction 4.28.185 when 4.28.100 savings and loan foreign corporations 33.32.050 Service of process on, See also SERVICE OF PROCESS AND PAPERS Statute of limitations tolled as to 4.16.180 Students, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Nonresident students Tort claims against state, filing 4.92.100 Traffic violations, post bond, security, or bail 46.64.015, 46.64.035 Uniform interstate family support act Ch. 26.21A NONSUITS (See also DISMISSALS) Challenge to sufficiency of evidence on 4.56.150 Consent to 4.56.120 Effect of judgment of 4.56.120, 4.56.150 Failure of proof as ground 4.56.150 Grounds for in superior court 4.56.120 Insufficient evidence 4.56.120 Not bar to another action, when 4.56.120, 4.56.150 NORTHERN STATE HOSPITAL (See HOSPITALS FOR MENTALLY ILL) NOT GUILTY (See CRIMINAL PROCEDURE, subtitle Pleadings) NOTARIES PUBLIC Acknowledgments deeds, mortgages, other instruments 64.08.010 person unable to sign name procedure 64.08.100 Application 42.44.020 Appointment, denial 42.44.030 Army, navy, marine and coast guard officers authorized to perform acts of 73.20.010 Authenticity of seal and signature, how evidenced 42.44.180 Bond requirement 42.44.020 Certificates notarial acts require 42.44.090 requirements 42.44.090 short forms 42.44.100 Definitions 42.44.010 Disabled person, procedure 42.44.080 Endorsement necessary for initial application 42.44.020 reappointment without 42.44.070 Fees 42.44.120 Illegible writing, validity unaffected 42.44.110 Jurisdictions other than this state 42.44.130, 42.44.140, 42.44.150 [RCW Index—page 517] NOTES Oaths and affirmations administered by 5.28.010 Official misconduct 42.44.160 Qualifications 42.44.020 Reappointment without endorsements 42.44.070 Record transfer from county clerks to state 42.44.200 Resignation 42.44.170 Revocation of appointment 42.44.170 Rule adoption 42.44.190 Seal or stamp authenticity, how evidenced 42.44.180 exclusive property of notary 42.44.090 form or size specifications 42.44.050 Standards for notarial acts 42.44.080 Term of appointment 42.44.060 Uniform regulation of business and professions act 42.44.210 NOTES (See also NEGOTIABLE INSTRUMENTS) Banks and trust companies, See BANKS AND BANKING, subtitle Capital notes or debentures Gambling, bills and notes, validity of as evidence of gambling debt 4.24.090 Installment, city and town local improvements, generally 35.45.150 local improvement bonds for repayment of 35.45.155 Insurance companies, investment in, See INSURANCE, subtitle Investments Limitation of actions, tolling by part payment 4.16.270 Port district toll facilities, bonds anticipating revenue 53.34.060 State, bonds, notes, and other forms of indebtedness, See STATE NOTICES Actions affecting title to real property in federal court 4.28.325 Adverse party, notice to, change of attorney 2.44.050 Alien property custodian, notice to of actions affecting property 4.28.330, 4.28.340, 4.28.350 Appearance notice of constitutes 4.28.210 proceedings after appearance, defendant entitled to, when 4.28.210 Assignment of judgments, procedure 4.56.090 Attachment motion to discharge 6.25.180 sale of attached property 6.25.240 sale of property before judgment 6.25.220 Attorneys’ lien, filing 60.40.010 Business selling prepared foods or drinks employee’s lien 60.34.020 service of 60.34.030 Certiorari proceedings, application for writ 7.16.050 Change of attorney, notice to adverse party 2.44.050 Child death or injury, notice of action to other parent 4.24.010 Cities and towns budgets in cities and towns, under 300,000, final budget, notice of meeting to adopt 35.33.061 drawbridge erection, county commissioners 35.74.020 official newspaper to be designated 35.21.875 sewer systems charges, construction costs payment and release 65.08.180 recording 65.08.170 sewerage systems liens 35.67.200 streets and alleys, vacation of 35.79.020 underground electric and communication facilities 35.96.050 water systems charges, construction costs [RCW Index—page 518] payment and release 65.08.180 recording 65.08.170 Constitutional amendments notice Const. Art. 23 § 1 publication of Const. Art. 23 § 1 Constitutional amendments, See also NOTICES, subtitle State measures Constructive, lis pendens in actions affecting title to real property 4.28.320 Corporations, See CORPORATIONS, subtitle Notice Costs, security for costs required, notice must be given 4.84.230 Counties comprehensive plan, hearing 36.70.390 county seat removal election holding 36.12.030 sewer systems charges, construction costs payment and release 65.08.180 recording 65.08.170 water systems charges, construction costs payment and release 65.08.180 recording 65.08.170 County bridges, franchises on, hearings 36.55.040 County road improvement districts, notice of initiation of formation by resolution 36.88.030 Diking districts drainage systems, hearing 85.05.072 improvement procedure 85.05.110 Drainage districts charges, construction costs payment, release 65.08.180 recording 65.08.170 Ejectment and quieting title actions counterclaims for permanent improvements and taxes paid 7.28.180 lis pendens 7.28.260 Elections, See ELECTIONS, subtitle Notices Eminent domain proceedings, publication of 4.28.120 Entry of verdict as 4.64.020 Evidence telegraphic or electronic communications Ch. 5.52 Execution sales form 6.21.040 mortgage foreclosure deficiency 61.12.100, 61.12.110 personal property 6.21.070 Executors and administrators, appointment mailed to heirs and distributees 11.76.040 Flood control districts, boundary determinations, See FLOOD CONTROL, subtitle Districts—1937 act Forest and forest products, See FORESTS AND FOREST PRODUCTS Guardianship, See GUARDIAN AND WARD, subtitle Notices appointment, See GUARDIAN AND WARD, subtitle Appointment of guardian Gubernatorial appointments, notice to secretary of senate 43.06.030 Highways limited access facilities through city, town, or county, notice of hearing on original plan 47.52.160 limited access facilities through city, town or county, notice of hearing on original plan 47.52.133 Injunctions motion to dissolve or modify injunction 7.40.180 Inn keepers’ liens, sale of property 60.66.020 Judgment liens, entry of verdict as 4.64.020 Judgments assignment of, procedure 4.56.090 Judicial notice, See JUDICIAL NOTICE Judicial sale mortgage foreclosure deficiency, judgment 61.12.100, 61.12.110 redemption 6.23.080 Landlord, defective conditions, tenant to notify 59.18.070 Landlord and tenant failure to pay rent, notice to quit premises 59.04.040 periodic tenancies, termination 59.04.020 rent default, less than forty dollars, notice to quit or pay 59.08.010 termination of month to month tenancy 59.04.020 Landlord and tenant, See also LANDLORD AND TENANT Liens judgment liens, entry of verdict as 4.64.020 transportation, storage, and advancements, how given 60.60.060 Lis pendens in actions affecting title to real property 4.28.160, 4.28.320 ejectment and quieting title actions 7.28.260 Logging liens appointment of receiver 60.24.130 Lost and found property claiming of found property, procedures 63.21.010 Mandamus, application 7.16.190 Militia call for duty 38.40.100 Mortgages levy for deficiency under same execution 61.12.100, 61.12.110 sale on deficiency 61.12.100 Motor vehicle law, under dealers or manufacturers, bankruptcy proceedings, notice of 46.70.183 New trial, petition for new trial, where discovery of grounds after verdict, report or decision 4.76.080 Nonprofit corporations, distribution of assets, notice to attorney general required 24.03.230 Open public meeting, requirements 42.30.060, 42.30.080 Partition proceedings decree of, filing with auditor 65.04.070 sale of property proof of service 7.52.190 Patents, incorporated towns on United States land 58.28.150 Periodic tenancies, termination 59.04.020 Personal representatives petition for final report and distribution, mailed to heirs and distributees 11.76.040 Pleadings minor defects in, effect 4.32.250 time extension for service and filing 4.32.250 Port districts boundary revisions 53.16.020 formation 53.04.020 Probate adjudication of testacy or intestacy and heirship, contents, service or mailing 11.28.330 auction sales of estate property 11.56.060 private sales of estate property 11.56.080 sale of estate property 11.56.060 settlement, report of personal representative, notice discretionary with the court 11.76.020 Publication, See PUBLICATION OF LEGAL NOTICES Quo warranto proceedings requisites 7.56.050 service and return 7.56.050 Referees notice to clerk of court five days prior to trial 4.48.130 Residential landlord-tenant act defection conditions, tenant to notify 59.18.070 landlord’s duties, failure to perform, tenant to notify 59.18.070 (2008 Ed.) NUISANCES Right of entry unimproved, unused, unfenced land 9A.52.010 Sale estate property 11.56.060 unoccupied lands, incorporated towns on United States land 58.28.160 Sale, See also NOTICES, subtitle Judicial sale Service of, See SERVICE OF PROCESS AND PAPERS Sewer districts charges, construction costs payment, release 65.08.180 recording 65.08.170 Sheriffs’ sales, legal publication 65.16.060 State measures Const. Art. 23 § 1 Supplemental proceedings modification of warrant of arrest 6.32.020 order authorizing payment by debtor of judgment debtor 6.32.070 order requiring delivery of money or personal property 6.32.080 transferee of judgment debtor to, effect 6.32.070 vacation of warrant of arrest 6.32.020 Tenant, defection conditions, landlord, notice to 59.18.070 Trespass land, unimproved, unfenced 9A.52.010 Trials 4.44.020 issues of fact contents of notice 4.44.020 service of notice 4.44.020 issues of law contents of notice 4.44.020 service of notice 4.44.020 Unclaimed property, bailee to owner, if known 63.24.150 Unemployment compensation claims, employment unit 50.20.150 Verdict entry as 4.64.020 Water districts charges, construction costs payment, release 65.08.180 recording 65.08.170 NOXIOUS WEEDS (See WEEDS) NUCLEAR, THERMAL, ELECTRIC GENERATING POWER FACILITIES— JOINT DEVELOPMENT Additional powers granted pursuant to chapter 54.44.020 Agreements authority for 54.44.020 conformity to applicable law 54.44.060 Bonds, revenue, authority to issue 54.44.040 Declaration of public purpose 54.44.010, 54.44.040 Depositaries 54.44.050 Disbursement of public funds 54.44.050 Liability of city, joint operating agency or public utility district, extent, limitations 54.44.030 Liberal construction 54.44.900 Nuclear power plants unfinished projects, transfer of site 80.50.300, 80.50.310 Percentage of ownership 54.44.020 Taxes 54.44.020 NUCLEAR ENERGY AND RADIATION (See also JOINT COMMITTEE ON ENERGY AND UTILITIES; RADIOACTIVE WASTE STORAGE AND TRANSPORTATION) Administrative procedure 70.98.130 Byproduct material, definition 70.98.030 Crimes 70.98.200 Declaration of policy 70.98.010 Definitions 70.98.030 Exemptions from law 70.98.180 from registration and licensing 70.98.080 Federal-state agreements, effect as to federal licenses 70.98.110 (2008 Ed.) Fluoroscopic, x-ray shoefitting devices 70.98.170 General license, definition 70.98.030 Generally Ch. 70.98 Hazardous materials incidents definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 incident command agencies assistance from state patrol 70.136.035 designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 Impounding materials 70.98.160 Injunction proceedings 70.98.140 Ionizing radiation, definition 70.98.030 Licensing requirements, notice and procedure 70.98.080 Low-level radioactive waste waste generator fees 43.200.230 waste generator surcharge disposal 43.200.235 remittal to counties 43.200.233 Low-level radioactive waste disposal facility at Hanford site use permits and surveillance fee 70.98.085 Low-level radioactive waste disposal sites rate setting commission powers 81.108.030 competitive company, classification as, criteria 81.108.110 complaints, hearing procedure 81.108.080 contract disposal rates, commission approval required 81.108.060 definitions 81.108.020 exemption from regulation absent a monopoly situation 81.108.100 extraordinary volume adjustment 81.108.070 jurisdiction of other state agencies unaffected 81.108.900 legislative purpose 81.108.010 maximum disposal rate initial determination of 81.108.040 revisions to rate, procedure 81.108.050 monopoly situation, determination of existence, criteria 81.108.100 revenue statements, requirements 81.108.090 supervision and regulation fees 81.108.090 Mill tailings, licensing, perpetual care, See MILLS, subtitle Uranium and thorium Municipal pollution control facilities and bonding, See POLLUTION CONTROL MUNICIPAL BONDING Northwest interstate compact on low-level radioactive waste management 43.145.010 Washington representative, access approval requirements 43.145.020 Nuclear generating projects contracts competitive negotiation applicability of Titles 9 and 9A RCW 43.52.515 repayment of obligations 43.52.550 security force authorized 43.52.520 criminal record information use 43.52.525 powers and duties 43.52.530 retirement provision 43.52.535 unfinished projects, environmental policy act exemptions 43.21C.400 Nuclear incidents liability 4.24.450, 4.24.460 Professional uses 70.98.190 Prohibited uses 70.98.150 Promotion and development, See NUCLEAR ENERGY AND RADIATION Purpose of law 70.98.020 Radiation source, definition 70.98.030 Radioactive or hazardous cargo placarded transportation of, prohibited, when 47.48.050 notice 47.01.270 Radioactive waste cleanup tax imposed 82.04.263 Registration, definition 70.98.030 Registration of sources of ionizing radiation 70.98.080 Rules and regulations 70.98.080 Source material, definition 70.98.030 Special nuclear material, definition 70.98.030 Specific license, definition 70.98.030 State radiation control agency director 70.98.050 generally 70.98.160 high-level radioactive waste program seek federal assistance 70.98.125 impounding materials 70.98.160 inspection 70.98.090 inspection agreements and training programs 70.98.120 records 70.98.100 registration of sources of ionizing radiation 70.98.080 Uses, prohibited 70.98.150 Waste department of social and health services authority 70.105.111 incidents, storage or transportation liability 4.24.450, 4.24.460 site repository 43.205.010, 43.205.020 site, election for disapproval Ch. 29A.88 Western interstate nuclear compact 43.21F.400, 43.21F.405, 43.21F.410, 43.21F.415, 43.21F.420 NUISANCES Abatement airport encroachments 14.08.030 damages does not preclude 7.48.180 executions 7.48.280 expenses 7.48.030, 7.48.260, 7.48.280 moral nuisances 7.48.090 order of abatement authorized, when 7.48.260 contempt for violation of 7.48.090 places of prostitution 7.48.090, 7.48.110, 7.48.240 public nuisances any person, by authorized 7.48.230 procedure 7.48.230 authorized 7.48.200 public body or officer, by, authorized 7.48.220 punishment, as 7.48.250 warrant of abatement authorized, when 7.48.250, 7.48.260 contents 7.48.030 execution, deemed as, when 7.48.030 motion for 7.48.020 order allowing 7.48.020 stay of 7.48.270 stay of issuance 7.48.040 Abatement proceedings 9.66.040 justices of the peace, jurisdiction as to, transfer to, superior court 9.66.040 Affidavits, trial of contempt for violation of injunction by 7.48.080 Agricultural activities lawsuits, protection from agricultural activity, defined 7.48.310 farm, defined 7.48.310 farm product, defined 7.48.310 farmland, defined 7.48.310 legislative finding and purpose 7.48.300 [RCW Index—page 519] NUISANCES presumption of reasonableness 7.48.305 Airport encroachments 14.08.030 Airports hazards declared to be 14.12.020 Alcoholic beverages places where unlawfully kept 66.36.010 public nuisance, when 7.48.140, 9.66.010 Alleys, public nuisances concerning 7.48.140 Animals, fighting places, criminal 9.66.010 Appearance, voluntary abatement of prostitution 7.48.110 Arrest, contempt for violation of injunction 7.48.080 Assignation, places of injunctions against 7.48.080, 7.48.110 Attachment, contempt for violation of injunction 7.48.080 Bays, obstructing is nuisance 7.48.120 Birds, fighting places, criminal 9.66.010 Boats and vessels, maintaining or permitting 9.66.030 Bonds stay of warrant of abatement 7.48.040, 7.48.270 voluntary abatement of prostitution 7.48.110 Bookmaking places 9.66.010 Breach of the peace, places of, abatement 7.48.240 Bucket shops 9.66.010 Buildings, maintaining or permitting 9.66.030 Business places on highway right of way as public nuisance 47.32.120 Canals, obstructing is nuisance 7.48.120, 9.66.010 Cancellation, order closing place of prostitution 7.48.110 Carcasses, public nuisance, when 7.48.140 Cemeteries ways to burial places, public nuisances concerning 7.48.140 Cemeteries, when 68.56.040 Cesspools, failure to fence or cover a public nuisance 7.48.140 Cities and towns discharging sewerage into streams, abatement 35.88.080 first class cities, abatement of 35.22.280 powder magazine near is public nuisance, when 7.48.140 power to declare and abate 35.23.440 second class cities, abatement 35.23.331 towns, abatement of 35.27.410 water pollution, abatement 35.88.030, 35.88.040, 35.88.050, 35.88.060, 35.88.070 Clerks of court approval of bond on voluntary abatement of prostitution 7.48.110 information on contempt for violation of injunction filed with 7.48.080 warrant of abatement, issuance 7.48.030 Contempt of court injunction against places of prostitution, violation constitutes 7.48.080 Continuing nuisances, successive owners liable, when 7.48.170 Costs executions on judgment for 7.48.260 voluntary abatement of prostitution 7.48.110 County current expense fund, penalties paid to 7.48.090 Criminal abatement proceedings 9.66.040 Damages abatement does not preclude 7.48.180 conduct subject to action for 7.48.010 executions on judgment for 7.48.260 public nuisances authorized 7.48.200 who may maintain action for 7.48.210 Deadly weapons or firearms unlawful use resulting in arrest 7.48.155 [RCW Index—page 520] Defaults, bond to stay warrant of abatement 7.48.270 Defined 7.48.010, 7.48.120, 7.48.240 private nuisances 7.48.150 public nuisances 7.48.130, 7.48.140 Drugs abatement order 7.43.080, 7.43.090 buildings 7.48.052 damages not precluded 7.43.130 forfeiture, proceeds 7.43.100 injunction 7.43.010, 7.43.020, 7.43.030, 7.43.040, 7.43.050, 7.43.060, 7.43.070, 7.43.110, 7.43.120, 7.43.130 lien 7.43.120 moral nuisances defined 7.48A.010 Drunkenness, places of, abatement 7.48.240 Evidence, trial of contempt for violation of injunction 7.48.080 Excavations, failing to fence or cover a public nuisance 7.48.140 Executions abatement 7.48.280 fines 7.48.260 judgments, of 7.48.020 judgments for damages or costs 7.48.260 penalty for maintenance of place of prostitution 7.48.090 warrant of abatement deemed as, when 7.48.030 Expenses abatement, for 7.48.260 abatement of nuisance 7.48.030, 7.48.280 Explosives, public nuisance, manufacturing as 7.48.140 Fighting, places of, abatement 7.48.240 Filing information on contempt for violation of injunction 7.48.080 Fines contempt for violation of injunction 7.48.080 punishment, as 7.48.250 Firearms or deadly weapons unlawful use resulting in arrest 7.48.155 Fireworks fire nuisance defined 70.77.165 Fireworks, See also FIREWORKS First class cities, abatement of 35.22.280 Fixtures, places of prostitution, in injunctions against 7.48.110 Flood control zone districts, abatement of 86.15.190 Forest practices lawsuits, protection from forest practices, defined 7.48.310 legislative finding and purpose 7.48.300 presumption of reasonableness 7.48.305 Forests diseases and insect pests, declared to be 76.06.010 Furniture, places of prostitution, in injunctions against 7.48.080, 7.48.110 Gambling, places of, abatement 7.48.240 Garbage, depositing unwholesome matter on highways, roads or in water 9.66.050 Good faith, voluntary abatement of prostitution 7.48.110 Grounds 7.48.010, 7.48.120, 7.48.240 public nuisances 7.48.130, 7.48.140 Gunpowder, public nuisance, manufacturing as 7.48.140 Harbors, public nuisances concerning 7.48.140 Health, conduct injurious to is nuisance 7.48.010, 7.48.120 Highways obstructing is nuisance 7.48.010, 7.48.120 public nuisances concerning 7.48.140, 9.66.010 Holes, failing to fence or cover a public nuisance 7.48.140 Horse racing as 67.16.060 Horticultural pests and diseases Ch. 15.08 Imprisonment, contempt for violation of injunction 7.48.080 Indecency grounds for nuisance 7.48.010, 7.48.120 Indictment, public nuisance, authorized 7.48.200 Information contempt for violation of injunction 7.48.080 public nuisance, authorized 7.48.200 Injunctions authorized, when 7.48.020 places of prostitution, against 7.48.080, 7.48.090, 7.48.110 Intoxicating liquor militia post or encampment, abatement of sale 38.32.120 Judgments actions against moral nuisances 7.48.090 execution of 7.48.020 voluntary abatement of prostitution, effect on 7.48.110 Judgments for damages or costs, executions on 7.48.260 Jurisdiction over, superior court 2.08.010 Jurisdiction over, superior courts Const. Art. 4 § 6 Justices of the peace, warrant of abatement, not to issue, transfer to superior court 7.48.260 Justification of sureties on bond to stay warrant of abatement 7.48.040 Lakes obstructing is nuisance 7.48.120 public nuisances concerning 7.48.140 Levy, expense of abatement, for 7.48.030, 7.48.280 Liens, voluntary abatement of prostitution, effect on 7.48.110 Limitations of actions, public nuisance not subject to, when 7.48.190 Livestock running at large, impoundment 16.24.110, 16.24.120, 16.24.130, 16.24.140, 16.24.150, 16.24.160, 16.24.170 Malt beverages as a public nuisance, when 7.48.140 Manufacturing as public nuisance, when 7.48.140 Metropolitan transit vehicles, obstruction of flow of as public nuisance 7.48.140 Moral nuisances abatement 7.48.056 bond 7.48.058 costs lien on property 7.48.090 taxing of 7.48.076 damages, amount to be paid to city and county governments 7.48.090 dismissal, conditions 7.48.076 effect of admission or guilt in criminal proceedings 7.48.072 immunity from prosecution of public officials 7.48.058 judgment 7.48.076 bond, renewal 7.48.078 costs 7.48.078 order of abatement 7.48.078 penalty 7.48.078 property, disposition, sale, destruction 7.48.078 release of property to innocent owners 7.48.078 who may bring 7.48.058 abatement of property by owner, release of property 7.48.068 civil actions, who may bring 7.48A.030 civil fine 7.48A.040 payment of 7.48A.050 declaration of 7.48A.020 defined 7.48.050 definitions 7.48.050, 7.48A.010 effect of notice of hearing for injunction 7.48.054 exceptions 7.48A.060 forfeiture, contraband 7.48.090 injunctions 7.48A.080 (2008 Ed.) NUISANCES bond 7.48.058 release of property to innocent owner 7.48.068 bond or security not required, when 7.48A.100 complaint 7.48.060 costs lien on property 7.48.090 taxing of 7.48.076 damages, amount to be paid to city and county governments 7.48.090 discovery, production of requested materials 7.48A.110 dismissal, conditions 7.48.076 effect of admission or guilt in criminal proceedings 7.48.072 hearings precedence of action for injunction 7.48A.120 immunity from prosecution of public officials 7.48.058 judgment 7.48.076 bond, renewal 7.48.078 costs 7.48.078 order of abatement 7.48.078 penalty 7.48.078 property, disposition, sale, destruction 7.48.078 release of property to innocent owners 7.48.078 jurisdiction 7.48.060 notice of hearing, service 7.48A.110 priority of action on calendar 7.48.070 reputation, as evidence, admissibility 7.48.074 service, penalty for violation 7.48A.090 subject to 7.48.056 temporary injunction application 7.48.060 hearing procedure, consolidation with trial on the merits 7.48.064 procedure when allegations are sustained 7.48.066 restraining order pending hearing 7.48.062 violations, penalties 7.48A.110 violations of, penalty 7.48.080 who may bring action 7.48.058 lease cancellation, repossession by owner 7.48.085 lewd live performances declared to be 7.48.052, 7.48A.020 lewd matter, defined 7.48.050 lewdness, defined 7.48.050 live performance, defined 7.48.050, 7.48A.010 maintenance of civil fine 7.48A.040 motion picture film, defined 7.48.050 obscene matter legislative findings 7.48A.070 obscene matter, defined 7.48.050 personal property declared to be 7.48.054 places declared to be 7.48.052, 7.48A.020 publication, defined 7.48.050 restraining order issuance, service, penalty for violation 7.48A.090 restraining orders violations, penalties 7.48A.110 Mosquito breeding places 17.28.170 Motions abatement 7.48.020 stay of warrant of abatement 7.48.270 Municipal transit vehicle or station, interference with a public nuisance 9.66.010 Musical instruments, places of prostitution, in injunctions against 7.48.080, 7.48.110 Navigable waters bays, obstructing is nuisance 7.48.120 canals, obstructing is nuisance 7.48.120 obstructing is nuisance 7.48.120 streams, obstructing is nuisance 7.48.120 (2008 Ed.) Nitroglycerine, public nuisance, manufacturing as 7.48.140 Oaths, information for violation of injunction under 7.48.080 Obstructions ground for nuisance 7.48.010, 7.48.120 Offal, public nuisance, when 7.48.140, 9.66.050 Opium, places of smoking, abatement 7.48.240 Orders of court abatement order authorized, when 7.48.250, 7.48.260 order closing places of prostitution cancellation on voluntary abatement 7.48.110 stay of warrant of abatement 7.48.270 voluntary abatement of prostitution 7.48.110 warrant of abatement, allowing 7.48.020 Parks, obstructing is nuisance 7.48.120, 9.66.010 Penalties generally if no other provision 7.48.250 maintenance of place of prostitution 7.48.090 moral nuisances 7.48.090 voluntary abatement of prostitution, effect on 7.48.110 Plaintiffs, who may be 7.48.020 Pollution, depositing unwholesome matter on highways, roads or in water 9.66.050 Powder magazines as public nuisance, when 7.48.140 Private nuisances defined 7.48.150 grounds 7.48.150 Private roads and ways, public nuisances concerning 7.48.140 Property interference with enjoyment of is nuisance 7.48.010, 7.48.120 moral nuisances injunction against 7.48.090 places of prostitution abatement 7.48.240 injunction against 7.48.080, 7.48.110 successive owners liable, when 7.48.170 Prostitution, places of abatement 7.48.240 injunctions against 7.48.080, 7.48.090, 7.48.110 Public nuisances abatement any person, by authorized 7.48.230 procedure 7.48.230 public body or officer, by, authorized 7.48.220 airport hazards declared to be 14.12.020 business places on highway right of way as 47.32.120 cities discharging sewerage into streams, abatement 35.88.080 civil action, who may maintain 7.48.210 criminal 9.66.010, 9.66.020, 9.66.030, 9.66.050 dangerous objects or structures on highway right of way as 47.32.130 defined 7.48.130 enumerated 7.48.140 erection or maintenance of certain structures, signs or devices on or near city streets, county roads or state highways as 47.36.180 forest diseases and insect pests, declared to be 76.06.010 grounds 7.48.130, 7.48.140 logs on highway right of way or in drainage ditch as 47.32.130 owner and agent designated 7.48.140 remedies 7.48.200 signs erected or maintained contrary to highway advertising control act of 1961 as 47.42.080 time lapse does not legalize 7.48.190 Public transportation services, interference with as public nuisance 7.48.140 Punishment contempt for violation of injunction 7.48.080 generally if no other provision 7.48.250 Releases, places of prostitution, assignation or lewdness by voluntary abatement 7.48.110 Remedies, public nuisance 7.48.010, 7.48.200 Rivers and streams depositing unwholesome matter in 9.66.050 obstructing is nuisance 7.48.120, 9.66.010 public nuisances concerning 7.48.140 Roads, obstructing or interfering with 9.66.010 Sales expenses of abatement, for 7.48.280 Savings and loan associations, firms or corporations using in name in violation of chapter, abatement as nuisances 33.08.010 Septic tanks, failing to fence or cover a public nuisance 7.48.140 Sewers, public nuisances concerning 7.48.140 Sheriffs, warrant of abatement abatement by 7.48.030 directed to 7.48.030 levy of expenses 7.48.030 order allowing issuance to 7.48.020 return 7.48.030 Show cause, default on bond to stay warrant of abatement 7.48.270 Springs, public nuisances concerning 7.48.140 Squares, obstructing is nuisance 7.48.120 Statutes, conduct under authority of not nuisance 7.48.160 Stay of proceedings, stay of warrant of abatement 7.48.040, 7.48.270 warrant of abatement, stay of 7.48.270 Streams obstructing is nuisance 7.48.010 public nuisances concerning 7.48.140 Streets and alleys, obstructing is nuisance 7.48.120, 9.66.010 Successive owners liable, when 7.48.170 Superior court, original jurisdiction of 2.08.010, Const. Art. 4 § 6 Sureties bond for stay of warrant of abatement 7.48.040, 7.48.270 bonds and voluntary abatement of prostitution, assignation or lewdness 7.48.110 Swindling places 9.66.010 Time lapse does not legalize public nuisance 7.48.190 Trials, contempt for violation of injunction 7.48.080 Warrants abatement contents 7.48.030 execution, deemed as, when 7.48.030 injunction in place of 7.48.020 issuance 7.48.030 motion for 7.48.020 order allowing 7.48.020 stay of issuance 7.48.040 warrant of abatement authorized, when 7.48.250, 7.48.260 stay of 7.48.270 Watercourses, public nuisances concerning 7.48.140 Waters depositing unwholesome matter in 9.66.050 obstructing is nuisance 7.48.120 public nuisances concerning 7.48.140 Wells failing to fence or cover a public nuisance 7.48.140 public nuisances concerning 7.48.140 Wine as public nuisance 7.48.140 Witnesses, trial of contempt for violation of injunction 7.48.080 [RCW Index—page 521] NUNCUPATIVE WILLS NUNCUPATIVE WILLS (See PROBATE) NURSERIES AND NURSERY STOCK (See HORTICULTURE) NURSERIES FOR CHILDREN (See PUBLIC ASSISTANCE, subtitle Child welfare agencies) NURSERY SCHOOLS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Nursery schools) NURSES Advanced registered nurse practitioners allowed activities 18.79.250 Advanced registered nursing practice definition and exceptions 18.79.050 Application of chapter 18.79.240 Catheterization of students 18.79.290 Child abuse, reporting Ch. 26.44 Definitions 18.79.020 Delegation of nursing care tasks to nursing assistants, requirements 18.88A.200 Delegation of tasks to nursing assistants, requirements 18.88A.210, 18.88A.230 Examination 18.79.170 Exceptions to chapter regulation 18.79.240 Health care service contractors, contract coverage 48.44.290 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Insurance disability benefits for services performed by registered or advanced registered nurses 48.20.411 group disability benefits for services performed by registered or advanced registered nurses 48.21.141 Interim permits to practice, conditions 18.79.180 Licensed practical nurses allowed activities 18.79.270 nontraditional registered nurse program obtaining clinical experience 18.79.380 practice defined, exceptions 18.79.060 Licenses applicants, criteria and required documentation 18.79.160 examination 18.79.170 fees and procedures 18.79.200 inactive status, renewal conditions 18.79.230 interim permits, conditions 18.79.180 reciprocity 18.79.190 renewal 18.79.210 required 18.79.030 surcharge 18.79.202 Liens for services discharge settlement with tort feasor or insurer 60.44.050 taking of note 60.44.040 written release or waiver 60.44.050 duty of county auditor 60.44.030 enforcement 60.44.060 limitation of actions 60.44.060 limitation on 60.44.010 notice of claim contents 60.44.020 filing 60.44.020 payment as evidence 60.44.060 recording claims 60.44.030 taking promissory note, effect 60.44.040 when authorized 60.44.010 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Nurse practitioner malpractice [RCW Index—page 522] actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Nursing assistants, See NURSING ASSISTANTS Nursing care quality assurance commission compensation and expenses 18.79.090 duties and powers 18.79.110 executive director, qualifications 18.79.140 executive director and staff 18.79.130 membership, qualifications, and terms 18.79.070 officers and meetings 18.79.100 pilot project, commission authority 18.79.390 removal of member 18.79.080 rule-making authority 18.79.110 rules and regulations of previous boards, effect 18.79.310 vacancies 18.79.080 Nursing pools, registration and duties Ch. 18.52C Nursing technicians definition 18.79.340 functions 18.79.350 investigations of complaints against 70.41.370 legislative findings 18.79.330 registration, application for 18.79.360 registration, renewal of 18.79.370 Practical nurses professional negligence limitation on suits arising from 4.16.350 Privileged communications 5.62.010 Professional negligence standard of proof, evidence, exception 4.24.290 Professional service corporations Ch. 18.100 Reciprocity 18.79.190 Records of review committee or board, members, or employees not subject to process 4.24.250 Registered nurses allowed activities 18.79.260, 18.79.280 delegation of tasks 18.79.260 drugs, injections, inoculations, tests, or treatment administration 18.79.280 hearing tests for pupils in schools, by 28A.210.020 privileged communications 5.62.020, 5.62.030 professional negligence limitation on suits arising from 4.16.350 Registered nursing practice definition and exceptions 18.79.040 Rule-making authority of department of health 18.79.300 Schools, employment of authorized 28A.210.300 Schools and programs, requirements and approval 18.79.150 Titles, restrictions on use 18.79.030 Uniform disciplinary act, application 18.79.120 NURSING ASSISTANTS Certification application and fee 18.88A.120 credentialing by endorsement 18.88A.110 exemptions from requirements 18.88A.140 renewal 18.88A.130 requirements 18.88A.085 voluntary except when required by state or federal law 18.88A.030 Certification or registration required 18.88A.040 Definitions 18.88A.020 Delegation of nursing care tasks by nurses, requirements 18.88A.200 Delegation of tasks by nurses, requirements 18.88A.210, 18.88A.230 Examinations procedures 18.88A.090 waiver requirements 18.88A.100 Health, department secretary’s powers 18.88A.050 Nursing care quality assurance commission powers 18.88A.060 Registration application and fee 18.88A.120 exemptions from requirements 18.88A.140 renewal 18.88A.130 requirements 18.88A.080 Scope of practice 18.88A.030 Uniform disciplinary act, application 18.88A.150 NURSING CARE QUALITY ASSURANCE COMMISSION (See NURSES) NURSING HOME ADMINISTRATORS Board of nursing home administrators authority 18.52.061 meetings 18.52.050 membership 18.52.040 officers, terms and compensation 18.52.050 Definitions 18.52.020 Examinations 18.52.160 Health, department secretary’s powers and duties 18.52.025 Licenses limited licenses 18.52.071 out-of-state licensees, recognition 18.52.130 qualifications 18.52.071 renewal 18.52.110 Nursing home management and supervision, licensed administrators required 18.52.030 Uniform disciplinary act, application 18.52.066 Unlicensed acts, penalty 18.52.140 NURSING HOME AUDIT AND COST REIMBURSEMENT ACT (See NURSING HOMES, subtitle Audit and cost reimbursement system) NURSING HOMES (See also HEALTH PLANNING AND RESOURCES DEVELOPMENT; LONG-TERM CARE) Administrator 74.42.370 Administrators, licensing and regulation Ch. 18.52 Alcoholic beverages authorized use 66.12.150 Animals, contact with authorized 18.51.320 Authority to enter and inspect 18.51.210 Bed-to-population ratio redistribution and addition 70.38.250 Building inspections 18.51.145, 18.51.240 Business and occupation tax exemption 82.04.4289 Care immunizations 74.42.285 operating standards activities, recreation 74.42.190 administrator, licensed, responsibilities 74.42.370 adverse drug reactions 74.42.280 building requirements 74.42.540 communication system 74.42.390 comprehensive plan of care for each resident, required 74.42.150 definitions 74.42.010 dining, recreation, social activity areas 74.42.510 director of nursing services 74.42.380 discharge conditions, appeal 74.42.450 drug disposal 74.42.270 drug storage, security, inventory 74.42.260 emergency lighting, facilities for developmentally disabled persons 74.42.560 emergency plans 74.42.460 engineering, maintenance personnel 74.42.400 financial record maintained for each resident 74.42.130 food preparation, sanitary procedures 74.42.320 food storage 74.42.330 handrails 74.42.550 health and safety requirements 74.42.570 infected employees 74.42.470 inspection for compliance noncompliance, notice 74.42.600 (2008 Ed.) NURSING HOMES resident rights and direct care standards 74.42.600 isolation areas 74.42.530 laundry services 74.42.410 living areas 74.42.480 meals, food handling 74.42.290 medical information furnished to residents, right to refuse, informed consent 74.42.040 medical services required to be provided 74.42.140 medication errors 74.42.280 medication stop orders 74.42.250 medications administration 74.42.240 physicians and authorized practitioners may order 74.42.230 minimum, exclusions 74.42.020 nursing care 74.42.160 nutritionist 74.42.300 organization chart 74.42.350 outside professional services 74.42.220 pharmacist service 74.42.210 physicians supervision, attendance 74.42.200 policy guideline, written statement 74.42.430 purchasing, inventory, storage, procedures, control 74.42.340 rated capacity, compliance 74.42.440 record system for each resident 74.42.420 rehabilitative services 74.42.170 residents limited to facility qualifications 74.42.450 record system 74.42.420 right of information, contents 74.42.030 room requirements 74.42.490 room requirements 74.42.490 rules 74.42.620 self-administration of medication 74.42.220 self-medication program for patients 74.42.225 social services 74.42.180 staff 74.42.360 staff organization plan 74.42.460 staff requirements 74.42.310 table service 74.42.310 therapy area 74.42.520 toilet, bathing facilities 74.42.500 treatment, entitled to 74.42.050 violations, penalties 74.42.580 Case management services 74.42.058 Certificate of need exemptions 70.38.111 issuance criteria 70.38.115 services and facilities subject to 70.38.105 Community-based services inspection 18.51.091 Complaint regarding violation request for inspection 18.51.190 retaliation or discrimination against complaint prohibited, penalty 18.51.220 review and investigation 18.51.200 Comprehensive plan for utilization review 18.51.310 Conflict with federal requirements 74.42.630 Cost disclosure to attending physician 18.51.540 Definitions 18.51.010 Developmental disabilities medical care purchase of services 74.09.120 Director of nursing services 74.42.380 Discrimination against medicaid recipients prohibited 74.42.055 Employees minimum wages 49.46.010 Employees, See also NURSING HOMES, subtitle Labor relations Ethnic minorities pool of beds to serve special needs of 70.38.220 Fire protection 18.51.140 Immunity from prosecution (2008 Ed.) performance of duty on review committee 4.24.240 Inspection 18.51.091, 18.51.230 Involuntary placement prohibited 11.92.190 Labor relations actions for relief from unfair labor practices 49.66.070 bargaining units 49.66.030 board of arbitration 49.66.090, 49.66.100, 49.66.110 definitions 49.66.020 minimum wages 49.46.010 picketing 49.66.060 policy 49.66.010 procedure 49.66.080 remedial orders 49.66.070 strikes 49.66.060 unfair labor practices 49.66.040, 49.66.050 Licenses adjudicative proceedings 18.51.065 application 18.51.040 denial, grounds 18.51.054 denial, suspension, refusal to renew, or revocation grounds 74.42.580 enforcement 18.51.060 inspection prior to renewal 18.51.230 issuance and renewal criteria 18.51.050 operating without a license 18.51.150, 18.51.160 required 18.51.030 suspension, revocation, or refusal to issue, grounds 18.51.060 suspension for noncompliance with support order 18.51.067 Long-term care assessment of medicaid recipients 74.42.056 Long-term care ombudsman program complaint referral procedure 43.190.070 findings 43.190.010 liability of ombudsman and facility employees 43.190.090 long-term care facility defined 43.190.020 long-term care ombudsman duties 43.190.060, 43.190.065 qualifications for authorization 43.190.040 municipal authority 36.39.060 ombudsman availability, notice of to be posted in facilities 43.190.050 right of entry to facilities by ombudsman procedure development 43.190.080 state long-term care ombudsman, office of created 43.190.030 Long-term care partnership program consumer education program 48.85.040 financing of long-term care through private insurance and medicaid funds 48.85.010 insurance policy criteria 48.85.030 protection of participant assets 48.85.020 Long-term care services, See LONG-TERM CARE SERVICES Malpractice actions for injuries resulting from Ch. 7.70 Management and supervision by licensed administrator required 18.52.030 Medicaid payment system Ch. 74.46 Medicaid recipients case management services 74.42.058 discrimination against prohibited 74.42.055 long-term care assessment 74.42.056 notification of patient’s potential medicaid eligibility 74.42.057 Medical care contracts for services purchase by 74.09.120 purchase of services 74.09.120 Medication administration 74.42.380 Nursing assistants, See NURSING ASSISTANTS Nursing pools, registration and duties Ch. 18.52C Out-patient services cost studies utilized to determine vendor rates 18.51.185 definition and authorization 18.51.180 Ownership or management, notice of change 18.51.530 Patients abuse of definitions 70.124.020 failure to report, penalty 70.124.070 legislative findings 70.124.010 publicizing of program 70.124.090 reporting requirements 70.124.030, 70.124.040, 70.124.050, 70.124.060 state licensing authority 70.124.080 restraining orders 70.124.050 whistleblowers and residents, retaliation 70.124.100 notification of patient’s potential medicaid eligibility 74.42.057 self-medication program 74.42.225 Placement, notice 11.92.190 Professional negligence limitation on suits arising from 4.16.350 Professional service corporations Ch. 18.100 Public assistance contracts for care purchase by 74.09.120 Public records, availability 18.51.290 Quality assurance committee 74.42.640 Rates and reimbursement Ch. 74.46 Receiverships 18.51.400, 18.51.410, 18.51.420, 18.51.430, 18.51.440, 18.51.450, 18.51.460, 18.51.470, 18.51.480, 18.51.490, 18.51.500, 18.51.510, 18.51.520 Recordkeeping requirements 18.51.300 Referral of patients to nursing homes without violations, public agencies to prioritize 18.51.250 Religious organizations, nursing homes operated by exempt from chapter 18.51.170 Resident rights 18.51.009 Residents association, activities, freedom of 74.42.110 care standards definitions 74.42.010 financial affairs, management 74.42.060 information, entitled to receive 74.42.030 medical information patient’s rights regarding 74.42.040 minimum, exclusions 74.42.020 privacy 74.42.070 respect, consideration, entitled to 74.42.050 work tasks 74.42.090 comprehensive plan of care required to be maintained by the facility 74.42.150 discharge or transfer, conditions and appeal 74.42.450 financial record maintained by facility for each resident 74.42.130 immunizations 74.42.285 limited to facility qualifications 74.42.450 medical services entitled to receive 74.42.140 nursing care 74.42.160 personal mail 74.42.100 personal possessions 74.42.120 records, confidential 74.42.080 rehabilitative services 74.42.170 Restraining orders patient abuse 70.124.050 Rules, regulations, and standards, department of social and health services authority 18.51.070, 18.51.310 Social and health services, department powers and duties Ch. 18.51 Staff 74.42.360 Temporary managers 18.51.062 Violations citations annual report of citations for violations 18.51.270 posting 18.51.260 complaint procedure 18.51.190 [RCW Index—page 523] NURSING POOLS nursing technicians, investigation of complaints against 18.51.550 operating without a license 18.51.150, 18.51.160 penalties 18.51.060 request for inspection 18.51.190 retaliation or discrimination against complaint prohibited, penalty 18.51.220 review and investigation 18.51.200 NURSING POOLS Criminal background checks 18.52C.040 Definitions 18.52C.020 Duties 18.52C.040 Registration 18.52C.030 State reimbursement, registration prerequisite 18.52C.050 Uniform disciplinary act, application 18.52C.040 NUTRITIONISTS (See DIETITIANS AND NUTRITIONISTS) O.A.S.I. (See OLD AGE AND SURVIVORS’ INSURANCE) OATHS AND AFFIRMATIONS Administering of form 5.28.020, Const. Art. 1 § 6 form may be adapted to religious beliefs 5.28.040 varied 5.28.030 Administering power army, navy, marine and coast guard officers 73.20.010 bank officers and employees 30.12.130 county auditor 36.22.030 county officers 36.16.040 court commissioners 2.24.040 courts 2.28.010 department of transportation aircraft accidents 47.68.280 judges 2.28.060 justices of the peace 2.28.010 labor and industries director 43.22.300 referee 4.48.060 secretary of social and health services 43.20A.605 state auditor 43.09.170 state elective officials, administration of oath to by supreme court justice 43.01.020 state treasurer 43.08.040 trust company officers and employees 30.12.130 who may administer 5.28.010 Affidavits, injunctions in vacation or modification of superior court judgments or order proceeding 4.72.070 Affirmations equivalent to oath 5.28.060 form of administering 5.28.050 Agriculture, director of 43.17.030 Army, navy, marine and coast guard officers authorized to take or administer 73.20.010 Attachment, examination of defendant as to his property under 6.25.170 Cities and towns officers, generally 35.27.120 Cities and towns with council-manager plan, city manager 35.18.050 County officers filing 36.16.060 taking 36.16.040 Court commissioners 2.24.020 Defined 9A.72.010 Department of transportation, power to administer aircraft accident hearings 47.68.280 Directors of state departments and agencies 43.17.030 District court commissioner 3.34.080 District judge 3.34.080 District judge pro tempore 3.34.080 Ecology, director of 43.17.030 Educational service district board members [RCW Index—page 524] administered, filed by superintendent 28A.310.290 administering power 28A.310.150 Examiner of titles 65.12.090 Executors and administrators, See OATHS AND AFFIRMATIONS, subtitle Personal representatives Fish and wildlife, director of 43.17.030 Homesteads petition for homestead alienation where incompetent or disabled spouse or domestic partner 6.13.230 Insurance commissioner 43.01.020 Judicial officers Const. Art. 4 § 28 Jurors district court civil actions 12.12.070 Justices of the peace power to administer 2.28.010 Labor and industries department power of director to administer 43.22.300 Legislative hearings and inquiries 44.16.030 Lieutenant governor 43.01.020 Militia officers 38.12.150, 38.12.160 Municipal courts chief clerk 35.20.210 judges 35.20.180 National guard officers 38.12.150, 38.12.160 Nuisances, information for violation of injunction under oath 7.48.080 Perjury 10.25.065 Perjury, See also PERJURY Personal representatives letters testamentary 11.28.170 Petitions, injunction in vacation or modification of superior court judgment or order proceeding 4.72.070 Probate absentee estates, trustee for 11.80.020 nonresident distributee, agent for, oath required 11.76.210 personal representative 11.28.170 bank or trust company 11.28.170 Public assistance administering power director, county administrators, and hearing officers 74.04.290 Public office recall for violation of oath Const. Art. 1 § 33 vacation for refusal to take or violating oath 42.12.010 Railroad policemen 81.60.030 Recall for violation of oath Const. Art. 1 § 33 Senators, in impeachment trials Const. Art. 5 § 1 State auditor 43.09.010 Subversive organizations, oath required as to membership in for public employment 9.81.070 Superior court judges Const. Art. 4 § 28 Supplemental proceedings parties examined under 6.32.050 referees, of 6.32.060 witnesses, examined under 6.32.050 Supreme court judges Const. Art. 4 § 28 Unsworn written statements in place of oath or other sworn statement 9A.72.085 Verification by, confession of judgment statement in writing 4.60.060 Witnesses form may be varied 5.28.030 OBSCENITY AND PORNOGRAPHY (See also EROTIC MATERIAL) Erotic material, distribution and showing to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080 Information or indictment as to obscene literature, describing in 10.37.130 Injunctions against obscene materials 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070, 7.48.060, 7.48.062, 7.48.064, 7.48.066, 7.48.068 Moral nuisances, See NUISANCES, subtitle Moral nuisances Motion picture projectionists, employees, immunity from prosecution 7.48.100 Promoting of, class C felony, penalties 9.68.140 Telephone calls, to harass, embarrass, torment or threaten 9.61.230 OBSTETRICS (See PHYSICIANS AND SURGEONS) OBSTRUCTING JUSTICE (See CRIMES) OBSTRUCTIONS Canals, ditches and drains, abatement as nuisance 7.48.120, 9.66.010 Nuisances, ground for 7.48.010 Obstructions on highway right of way, department powers and duties relating to the removal thereof Ch. 47.32 Waters and waterways, removal by port districts 53.08.060 OCCUPATIONAL DISEASES Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Occupational diseases OCCUPATIONAL EDUCATION, COORDINATING COUNCIL FOR Division of vocational rehabilitation department of social and health services, division’s powers, duties and functions transferred to 43.20A.010, 43.20A.030 powers, duties and functions transferred to department of social and health services 43.20A.010, 43.20A.030 Social and health services secretary to cooperate with 43.20A.320 Vocational education federal law, conflict, construction 28B.50.440 OCCUPATIONAL INFORMATION SERVICE—FORECAST (See EMPLOYMENT SECURITY DEPARTMENT, subtitle Occupational information service and forecast) OCCUPATIONAL OPERATOR’S LICENSE (See MOTOR VEHICLES, subtitle Drivers’ licenses) OCCUPATIONAL THERAPY Definitions 18.59.020 Examinations content and standards 18.59.060 waiver 18.59.070 Licenses administrative procedures 18.59.110 inactive status 18.59.090 issuance and posting 18.59.080 limited permits 18.59.040 out-of-state applicants 18.59.070 qualifications and requirements 18.59.050 reinstatement of suspended or revoked license 18.59.090 renewal requirements 18.59.090 required 18.59.031 waiver 18.59.070 Medical cases, duty to refer 18.59.100 Occupational therapy practice, board of meetings 18.59.120 membership and compensation 18.59.120 powers and duties 18.59.130 rule-making authority 18.59.130 Scope of practice 18.59.040 Uniform disciplinary act, application 18.59.141 OCEAN BEACHES Driving on recreation management plans 79A.05.640, 79A.05.645, 79A.05.650, 79A.05.655, 79A.05.660, 79A.05.665, 79A.05.693 Motorized traffic 79A.05.650, 79A.05.655, 79A.05.660, 79A.05.665, 79A.05.693 Public highway 79A.05.693 Seashore conservation area cooperation of federal, state and local agencies 79A.05.620 established 79A.05.605 (2008 Ed.) OIL AND GAS jurisdiction 79A.05.610 land adjoining refuges and parks 79A.05.665 pedestrian use, motorized traffic 79A.05.650, 79A.05.655, 79A.05.660, 79A.05.665 powers and authorities of fish and wildlife department 79A.05.625 principles and purposes 79A.05.615 public highway 79A.05.693 recreation management plans 79A.05.635, 79A.05.685, 79A.05.695 definitions 79A.05.640 local plan adoption 79A.05.645 sale, lease, disposal 79A.05.630 OCEAN RESOURCES Management definitions 43.143.020 legislative findings 43.143.005 legislative intent 43.143.010 legislative policy 43.143.010 planning criteria 43.143.030 OCULARISTS Apprentices 18.55.060 Definitions 18.55.020 Heath department secretary’s authority 18.55.095 Licenses examination 18.55.045 exemptions 18.55.010 issuance and renewal 18.55.030 limitations 18.55.010 out-of-state applicants 18.55.105 qualifications of applicants 18.55.040 renewal 18.55.050 required 18.55.007 Responsibility to customers or patients 18.55.085 Scope of practice 18.55.075 Uniform disciplinary act, application 18.55.066 Unprofessional conduct 18.55.085 OFFAL Depositing on highways, roads or in waters a public nuisance, penalty 9.66.050 Public nuisance, when 7.48.140 OFFENSES (See CRIMES) OFFICERS AND EMPLOYEES (See EMPLOYER AND EMPLOYEES; PUBLIC OFFICERS AND EMPLOYEES) OFFICIAL BONDS (See BONDS, subtitle Official) OFF-ROAD AND NONHIGHWAY VEHICLES (ORV) (See MOTOR VEHICLES, subtitle Off-road and nonhighway vehicles) OFFSET (See COUNTERCLAIMS; SETOFFS) OFF-STREET PARKING (See PARKING, subtitle Off-street) OIL AND GAS (See also PETROLEUM AND PETROLEUM PRODUCTS) Administrative personnel, employment 78.52.030 Alcohol, one percent or greater gasoline dispensing device label required 19.94.505 Alienation by Indians on Indian land, restrictions 64.20.030 Appliances and products energy efficiency standards Ch. 19.260 Attorney general, attorney for department of natural resources 78.52.035 Carbon black and carbon products, when considered waste 78.52.140 Conservation committee underground storage of natural gas, application to conservation committee 80.40.040 County lands leases on authorized 78.16.010 (2008 Ed.) option to purchase conveyance 78.16.030 surrender lands 78.16.040 order for contents 78.16.020 royalties and rentals, disposition of 78.16.050 sale of oil and gas rights 36.34.010 County property sales, reservations 36.34.010 Crude oil, tax imposed, oil spills Ch. 82.23B Definitions 78.52.010 Development units entire pool covering required 78.52.230 establishment 78.52.200 location of well 78.52.220 pooling of interests 78.52.240 pooling orders dissolution 78.52.257 modification or termination 78.52.257 operations on part of unit deemed operation on separate tracts 78.52.255 prescribed after pool discovery 78.52.205 size and shape 78.52.210 Drilling permit criteria for granting 78.52.120 surface waters, environmental impact statement required 78.52.125 Energy assistance allowance 74.08.046 Exploration, development, production, and utilization of oil and gas, purpose declared 78.52.001 Exploration in marine waters permit requirements 90.58.550 violations and penalty 90.58.560 Hearing examiners appointment and responsibilities 78.52.032 Hearings conduct 78.52.031 objections to orders 78.52.470 petition and time for action 78.52.070 rules adoption 78.52.025 rules and orders 78.52.050 witnesses 78.52.033 Heating oil pollution liability protection definitions 70.149.030 eligibility for coverage 70.149.050 exemption from insurance laws, exceptions 70.149.060 heating oil pollution liability trust account, funding and use 70.149.070 insurer selection 70.149.050 pollution liability insurance agencies, duties 70.149.040 tanks, design criteria and reimbursement 70.149.120 Illegal gas or oil prohibitions 78.52.467 seizure and sale 78.52.467 Injunctions to enjoin violations 78.52.530, 78.52.540 Investigations 78.52.150, 78.52.155 Leases, state land mineral, coal, oil, and gas leases Ch. 79.14 Liquefied natural or propane gas marine safety standards 88.16.200 Liquid and gas pipeline accidents first responders, preparedness 43.44.130, 48.48.160 Liquid petroleum gas boats, gas leak warning devices 79A.60.600 Measurement, crimes false or inaccurate measure 9.45.124 inducing false measure 9.45.126 Mislabeling petroleum products, penalty 9.16.080 Natural gas local sales and use tax 82.14.230 Natural gas, compressed motor vehicle refueling stations declaration of public interest 80.28.280 identification of barriers to development 80.28.290 Natural resources, department of powers and duties Ch. 78.52 Nondiscriminatory purchase from owners or producers of pool enforcement 78.52.365 required 78.52.345, 78.52.355 Offer to pool must be fair and reasonable to nonconsenting, unleased owners 78.52.253 Oil spill prevention and response Ch. 88.46 Oil spills financial responsibility Ch. 88.40 prevention program Ch. 43.21I Oil tankers, spill prevention 88.16.170, 88.16.180, 88.16.190, 88.16.195 Onshore and offshore facilities financial responsibility for spills Ch. 88.40 spill prevention and response Ch. 90.56 Orders or decisions appeals 78.52.480, 78.52.490 objection procedures 78.52.470 Oxygenated petroleum products label or notice requirements 19.94.505 Petroleum products transmission facilities recommendations to governor energy facilities site location council, considerations in making 80.50.105 Pipelines franchises to construct along state highways 47.44.010 Pipelines, See also OIL AND GAS PIPELINE COMPANIES Pooling orders allocation of costs 78.52.250 allocation of production 78.52.245 dissolution 78.52.257 fair and reasonable to nonconsenting, unleased owners 78.52.253 production allocated to each tract deemed from tract 78.52.255 shut-in wells 78.52.255 Powers and duties of department of natural resources Ch. 78.52 Production compliance with proration or limitation 78.52.320 gas allowable prorationed, authority 78.52.290 gas from one pool, limitation 78.52.300 oil allowable prorationed authority 78.52.270 discrimination prohibited 78.52.280 proration of allowable production in pool 78.52.310 regulated 78.52.155 Ratable purchase from owners or producers of pool enforcement 78.52.365 required 78.52.345, 78.52.355 Reclamation and clean-up of sites 78.52.155 Rules, regulations, and orders public hearings 78.52.050 Rules, regulations and orders recordkeeping requirements 78.52.100 Spill prevention and response Ch. 90.56 Spills, tax imposed on crude oil Ch. 82.23B State supervisor and deputy supervisors designation and duties 78.52.037 Surface drilling prohibition, where 90.58.160 Suspension of operations for violations notice, order, hearing 78.52.463 Taxation crude oil Ch. 82.23B natural gas, local sales and use tax 82.14.230 Transporters, nondiscriminatory purchase from owners or producers of pool enforcement 78.52.365 required 78.52.345, 78.52.355 Underground petroleum storage tanks, See UNDERGROUND PETROLEUM STORAGE TANKS [RCW Index—page 525] OIL AND GAS PIPELINE COMPANIES Underground storage of natural gas application for 80.40.040 county lands, lease of for authorized 80.40.070 definitions 80.40.010 eminent domain authorized 80.40.030 conditions 80.40.030 power of 80.40.030 hearing on application 80.40.040 notice of application for 80.40.040 order approving application 80.40.040 ownership of stored gas 80.40.050 public lands, lease of for authorized 80.40.060 purpose of act 80.40.020 restrictions 80.40.030 review of order approving 80.40.040 Underground storage tanks, requirements Ch. 90.76 Underground utilities, location, damage Ch. 19.122 Unit operation plan monopolistic nature 78.52.460 public lands participating in 78.52.450 pools 78.52.335 separately owned tracts 78.52.330 Used oil burning as fuel prohibited, exceptions 70.94.610 use for energy or to be rerefined 70.95C.200 Used oil recycling above-ground collection tanks, standard 70.95I.080 containers 70.95I.040 definitions 70.95I.010 disposal of used oil, penalty 70.95I.060 equipment and operating standards for public collection sites 70.95I.030 findings 70.95I.005 local government hazardous waste plan used oil recycling element guidelines 70.95I.030 requirements 70.95I.020 waiver 70.95I.030 local governments hazardous waste plan used oil recycling element requirement 70.105.221 oil sellers education responsibility, penalty 70.95I.040 public education program 70.95I.050 statewide collection and rerefining goals 70.95I.030 Used oil transporter and processor requirements, penalties 70.95I.070 Violations, penalty 78.52.550 Violations, suspension of operations notice, order, hearing 78.52.463 Waste carbon black and carbon products 78.52.140 investigations 78.52.150 prohibition 78.52.130 regulated 78.52.155 Water pollution, See WATER POLLUTION CONTROL; OIL SPILLS Wells development units 78.52.200, 78.52.205, 78.52.210, 78.52.220, 78.52.230, 78.52.240, 78.52.257 location 78.52.220 exploratory data, confidential nature 78.52.260 pooling of interests 78.52.245, 78.52.250 requirements 78.52.155 surface waters, environmental impact statement required 78.52.125 wildcat data, confidential nature 78.52.260 OIL AND GAS PIPELINE COMPANIES County roads, franchises along 36.55.010 Hazardous liquid and gas pipeline, model ordinance and franchise agreement 43.110.070 [RCW Index—page 526] Hazardous liquid and gas pipeline accidents first responders, preparedness 43.44.130, 48.48.160 Safety regulations citizen committee on pipeline safety 81.88.140 commission’s duties 81.88.060, 81.88.065 common carriers 81.88.030 definitions 81.88.010 eminent domain 81.88.020 excavation, duties after notice of 81.88.110 excavation, prevention of third-party damage 81.88.070 federal certification for pipeline safety 81.88.090 inspection of records 81.88.100 mapping system 81.88.080 pipeline safety account 81.88.050 pipeline safety fee 80.24.060, 81.24.090 violations and penalties 81.88.040 Underground utilities, location, damage Ch. 19.122 OIL POLLUTION CONTROL (See WATER POLLUTION CONTROL, subtitle Oil pollution control) OIL SPILLS (See also WATER POLLUTION CONTROL, subtitle Oil pollution control) Advisory council, oil spill 90.56.120, 90.56.130 Baseline study of state waters 43.21A.405, 43.21A.410, 43.21A.415, 43.21A.420 Compensation schedule 90.48.366, 90.48.367 Damage assessment 90.48.368 Definitions 90.48.364, 90.56.010 Discharges, authorization and permits 90.56.420 Ecology director’s responsibilities 90.56.020 Financial responsibility Ch. 88.40 Heating oil pollution liability protection Ch. 70.149 Investigation 90.56.400, 90.56.410 Liquefied natural or propane gas marine safety standards 88.16.200 Model contingency plan 38.52.420 Oil spill prevention account 90.56.510 Oil spill response account 90.56.500 Onshore and offshore facilities cleanup and containment services contractors, standards 90.56.240 contingency plans 90.56.210 enforcement of contingency plans 90.56.270 index to contingency plans and equipment 90.56.250 notification of discharge 90.56.280 oil removal, duty 90.56.340 operation standards 90.56.220 operations manuals 90.56.230 practice drills and adequacy of plans 90.56.260 prevention plans 90.56.200 unlawful operation, penalties 90.56.300, 90.56.310, 90.56.320, 90.56.330 Powers and duties of ecology department 90.56.030 Prevention and response Ch. 90.56 accidents and incidents 88.46.100 containment and recovery equipment, availability 88.46.160 contingency plans 88.46.060, 88.46.065, 88.46.068 coordination with federal law 88.46.020 definitions 88.46.010 emergency response system 88.46.130 enforcement of plans 88.46.070 field operations program 88.46.170 inspection authority 88.46.167 marine safety ad hoc advisory committees, duties 88.46.200 maritime commission terminated 88.46.062, 88.46.063 nonprofit corporation providing contingency plan, transfer of maritime commission functions and assets to corporation 88.46.062, 88.46.063 oil transfers 88.46.165 prevention plans 88.46.040 refueling, bunkering, or lightering operations 88.46.160 rules 88.46.160 unlawful acts 88.46.080, 88.46.090 vessel equipment standards 88.46.120 vessel inspection 88.46.030 vessel screening 88.46.050 violations of rules 88.46.073 Prevention program authority to administer 43.21I.040 definitions 43.21I.010 ecology department director’s duties 43.21I.030 powers and duties 43.21I.010 Removal or dispersal ecology department duties 90.56.350 liability 90.56.360, 90.56.370, 90.56.380, 90.56.390 recovery of expenses 90.56.400 Response training and education program 90.56.080 Rule-making authority 90.56.050 Small spill education program 79A.60.620 Statewide master contingency plan 90.56.060 Tankers reckless operation, penalty 90.56.530 spill prevention 88.16.170, 88.16.180 Tankers, spill prevention 88.16.190, 88.16.195 Wildlife rehabilitation 90.56.110 Wildlife rescue coalition 90.56.100 OIL-FUELED HEATERS Portable standards for sale and use approval required 19.27A.090, 19.27A.100 definitions 19.27A.080 jurisdiction of state patrol chief through director of fire protection 19.27A.110 violations, penalty 19.27A.120 OKANOGAN COUNTY Boundaries, tracing of 36.04.240 Superior court judges, number of 2.08.065 OLD AGE AND SURVIVORS’ INSURANCE Acceptance of state for state, county, city and town, and political subdivision employees of benefits, participation in Ch. 41.47 Agreement of state for participation of state and political subdivision employees in, employees’ contributions, OASI contribution fund Ch. 41.48 Employees’ contributions 41.48.040 Federal social security disability program, state agencies authorized to enter into agreements 43.17.120 appointment of personnel 43.17.120 OASI revolving fund created 41.48.065 State employees’, coverage under Ch. 41.41 Statewide city employees’ retirement system, participation in 41.44.270 Teachers, plan for coverage under Ch. 41.33 OLD AGE ASSISTANCE (See PUBLIC ASSISTANCE) OLEOMARGARINE (See MARGARINE) OLYMPIC NATIONAL PARK Cession of state jurisdiction to United States 37.08.210 Civil and criminal jurisdiction of state preserved 37.08.210 Quileute Indians, retrocession of jurisdiction 37.12.150 Taxation, jurisdiction of state as to 37.08.210 OMBUDSMAN Family and children’s ombudsman, office of Ch. 43.06A Industrial projects of statewide significance, procedures to expedite development 43.157.030 (2008 Ed.) ORDERS OF COURT Long-term care ombudsman program 36.39.060, 43.190.010, 43.190.020, 43.190.030, 43.190.040, 43.190.050, 43.190.060, 43.190.065, 43.190.070, 43.190.080, 43.190.090, 43.190.110, 43.190.120, 43.190.900, 74.38.040 OMISSIONS Clerks, vacation or modification of judgment or order of superior court because of omissions of grounds 4.72.010 motion, by 4.72.020 Defined, for Criminal Code 9A.04.110 Laws, report to governor by superior court and supreme court judges of omissions in laws Const. Art. 4 § 25 Pleadings, notices, papers, and proceedings, amending by court 4.32.250 ON-SITE SEWAGE DISPOSAL SYSTEMS (See SEPTIC TANKS; SEWAGE) ON-SITE WASTEWATER TREATMENT (See WASTEWATER TREATMENT) OPEN PUBLIC MEETINGS (See MEETINGS AND ASSEMBLIES) OPEN RANGE (See RANGE AREAS) OPEN SPACE LAND Easement over public property 58.17.225 Natural area preserves, See NATURAL AREA PRESERVES Nonprofit nature conservancy corporation or association, defined 64.04.130 Open space, farm, agricultural, and timber land, current use assessment application for current use assessment authorized Const. Art. 7 § 11 Open space, farm and timber land—Acquisition of land or rights for conservation purposes classified as real property, conveyance 64.04.130 Taxation, valuation on use Const. Art. 7 § 11 OPEN SPACE TAXATION (See TAXES PROPERTY) OPERATING AGENCIES (See JOINT OPERATING AGENCIES; POWER FACILITIES AND RESOURCES, subtitle Joint operating agencies) OPIATE SUBSTITUTION TREATMENT (See ALCOHOLISM AND DRUG ADDICTION) OPINIONS (See DECISIONS) OPIUM Abatement of places of smoking as nuisance 7.48.240 Controlled substances, uniform act Ch. 69.50 OPTICIANS, DISPENSING Apprentices 18.34.030 Continuing education 18.34.120 Definitions 18.34.020 Dispensing optician, definition 18.34.060 Examining committee compensation and expenses 18.34.050 membership 18.34.050 Homeless persons, vision services 43.20A.800, 43.20A.810, 43.20A.820, 43.20A.830, 43.20A.840 Immune form civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Licenses examination content 18.34.080 examination eligibility 18.34.070 exemptions 18.34.010 existing practitioners, fee 18.34.110 issuance and display 18.34.080 limitations 18.34.010 (2008 Ed.) renewal, fee 18.34.120 required 18.34.141 Licensing credentialing by endorsement 18.34.115 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Professional negligence limitation on suits arising from 4.16.350 Professional service corporations Ch. 18.100 Records of review committee or board, members, or employees not subject to process 4.24.250 Uniform disciplinary act, application 18.34.136 Vision care, consumer access to, See VISION CARE OPTIONAL MUNICIPAL CODE (See CITIES—OPTIONAL MUNICIPAL CODE) OPTIONS Highway property, options for purchase of 47.12.011 Trustees, power to grant or purchase 11.98.070 OPTOMETRY Advertising prohibited acts 18.53.140, 18.53.145 Definition of practice 18.53.010 Disciplinary action, grounds 18.53.100 Discrimination against prohibited public aid services 18.53.160 state agencies and subdivisions 18.53.170, 18.53.175, 18.53.180, 18.53.185, 18.53.190 Examinations eligibility and qualifications 18.53.060 Fees 18.53.070 Homeless persons, vision services 43.20A.800, 43.20A.810, 43.20A.820, 43.20A.830, 43.20A.840 Immunity from prosecution performance of duty on review committee 4.24.240 Insurance disability, benefits for services performed by licensed optometrists 48.20.410 group disability, benefits for services performed by licensed optometrists 48.21.140 Licenses credentialing by endorsement 18.53.035 eligibility and qualifications 18.53.060 exceptions and exemptions 18.53.040 inactive license status 18.53.210 procedures and requirements 18.53.070 renewal 18.53.050 required 18.53.021 temporary permits, issuance and limitations 18.53.030 Optometrists immune from civil action when charging another member with incompetency or gross misconduct 4.24.250 malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 professional negligence limitation on suits arising from 4.16.350 records of review committee or board, members, or employees not subject to process 4.24.250 Optometry board administrative procedure 18.54.090 compensation and expenses 18.54.130 definitions 18.54.010 health professions account, disbursements 18.54.140 meetings 18.54.050, 18.54.060 membership, qualifications and terms 18.54.030 officers 18.54.040 powers and duties 18.54.070, 18.54.150 rule-making authority 18.54.070 Privileged communications 18.53.200 Professional service corporations Ch. 18.100 Public aid ocular services, discrimination prohibited 18.53.160 Scope of practice 18.53.010 State agencies and subdivisions, discrimination prohibited 18.53.170, 18.53.175, 18.53.180, 18.53.185, 18.53.190 Temporary permits, issuance and limitations 18.53.030 Uniform disciplinary act, application 18.53.101, 18.54.076 Unlawful acts 18.53.140, 18.53.145, 18.53.150 Vision care, consumer access to, See VISION CARE ORAL HISTORY PROGRAM Account, legislative oral history 44.04.345 Committee 44.04.325, 44.04.330 Funding 44.04.335 Gifts, grants, conveyances 44.04.340 Program created 44.04.320 ORDERS Adoption at open public meeting required 42.30.060 Cease and desist banks and trust companies judicial review, procedure 30.04.475 temporary orders grounds 30.04.455 injunction to enforce 30.04.465 injunctions to set aside 30.04.460 unsound or illegal practices 30.04.450 ORDERS OF COURT Application for constitutes appearance 4.28.210 Attachment, sale of property before judgment 6.25.220 Certiorari proceedings, defined 7.16.020 Confessed judgment be entered 4.60.070 Confirming judicial sales, conclusiveness 6.21.110 Conveyances, commissioners to convey real estate 6.28.050 Criminal proceedings acquittal by reason of insanity 10.77.110 Declaratory judgments 7.25.010 Dismissals disobedience of court order 4.56.120 supplemental proceedings 6.32.150 Disobedience dismissal of action 4.56.120 judges can compel obedience 2.28.060 Domestic violence prohibition of contact with victim 10.99.040 Ejectment and quieting title action counterclaim paid or unpaid 7.28.280 Ejectment and quieting title actions survey of property 7.28.200, 7.28.210 vacation of judgment and granting new trial 7.28.260 Enforcement, power to cause 2.28.010 Execution of judgment in name of executor, administrator or legal representative 6.17.030 Executions, See also EXECUTIONS Habeas corpus commitment orders discharge from 7.36.150 limitation 7.36.130 recommitment 7.36.150 in forma pauperis 7.36.250 orders of discharge, obedience to, officer immunity to civil liability 7.36.180 temporary orders 7.36.220 Homestead alienation where incompetent or disabled spouse or domestic partner 6.13.220, 6.13.240 division on execution against 6.13.150 sale of homestead if not divisible 6.13.160 Injunctions order of [RCW Index—page 527] ORDINANCES AND RESOLUTIONS binding effect of 7.40.120 certification 7.40.100 issuance 7.40.100 motion to reinstate 7.40.210 service of, unnecessary, when 7.40.100, 7.40.130 order to dissolve or modify injunction, suspension on motion to reinstate injunction 7.40.210 order to show cause why contempt should not issue 7.40.150 to prevent proceedings on 7.40.020 Judgment debtors examination of 6.32.010 required to answer written interrogatories 6.32.015 Juvenile court dependent children guardianship foster care payments 13.34.234 families in conflict noncompliance with, civil contempt, penalties 13.32A.250 Lost or destroyed replacement 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.050, 5.48.051, 5.48.060, 5.48.070 substitution of copy authorized 5.48.010 Mandamus proceedings damages, assessment of 7.16.210 defined 7.16.020 enforcement of writ 7.16.280 order for trial of issues of fact 7.16.210 Ne exeat, order of arrest and bail directed to sheriff 7.44.021 issuance 7.44.021 return 7.44.021 service 7.44.021 Nonsuit for disobedience of court order 4.56.120 Nuisances abatement order authorized, when 7.48.250, 7.48.260 moral nuisances forfeiture of use of property 7.48.066 injunction judgment, contents of 7.48.078 restraining order pending temporary injunction hearing 7.48.062 order closing place of prostitution, assignation or lewdness cancellation on voluntary abatement 7.48.110 stay of warrant of abatement 7.48.270 voluntary abatement of prostitution, assignation or lewdness 7.48.110 warrant of abatement, allowing 7.48.020 Obedience to, judges can compel 2.28.060 Partition proceedings confirmation of report of referee for sale of property, effect 7.52.210 decree of partition authorized, when 7.52.080 order of confirmation of sale 7.52.380 order of sale authorized, when 7.52.080, 7.52.130 directed to referees 7.52.130 estates estate for years 7.52.300 life estate 7.52.300 terms of sale directed in 7.52.280 security of creditors to be sold or deducted first 7.52.230 service on lien creditors on sale of property 7.52.200 supplemental complaint making lien creditors parties, order for 7.52.150 Platting, subdivision and dedication of land act, penalty for failing to follow 58.17.220 Prisoners, examination of prisoners affidavit, by 5.56.100 deposition, by 5.56.090 order of examination, by 5.56.090 Probate lease of real property of the estate 11.56.045 [RCW Index—page 528] mortgage of estate property, order directing 11.56.040 performance of decedent’s contracts conveyance of real property, deed recites order of court authorizing conveyance 11.60.040 replacement of records lost or destroyed 5.48.060 revocation of letters testamentary or of administration 11.28.250 wills acceptance or rejection of 11.20.020 establishing and probating 11.20.020 Prohibition proceedings damages, assessment of 7.16.320 defined 7.16.020 enforcement of writ 7.16.320 order for trial of issues of fact 7.16.320 Quo warranto proceedings delivery of books and papers 7.56.070 enforcement 7.56.080 Replacement of records lost or destroyed appeal time extended 5.48.050 hearing 5.48.040 methods 5.48.020 procedure 5.48.030 Show cause certiorari proceedings 7.16.050 ejectment and quieting title actions, order for survey of property 7.28.200 injunctions, contempt for disobedience 7.40.150 mandamus proceedings 7.16.180, 7.16.200 nuisances, default on bond to stay warrant of abatement 7.48.270 prohibition proceedings 7.16.320 writ of prohibition to command 7.16.310 State not required to furnish bond 4.92.080 Substitution of copies for lost or destroyed records 5.48.010 Superior court, clerk to enter 2.32.050 Supplemental proceedings authorizing payment by debtor to judgment debtor 6.32.070 contempt of 6.32.180 costs allowed to creditor 6.32.160 debtor 6.32.170 discontinuance 6.32.150 dismissal 6.32.150 examination of judgment debtor 6.32.010 requisites 6.32.040 examination of third parties 6.32.030 requisites 6.32.040 requiring delivery of money or personal property 6.32.080, 6.32.090, 6.32.100, 6.32.110 service of 6.32.130 Supreme court clerk to enter 2.32.050 Vacation or modification of denial of costs 4.72.090 damages 4.72.090 judgment of 4.72.090 ground may be tried first 4.72.060 grounds 4.72.010 injunction to suspend proceedings 4.72.070 motion for limitation of time 4.72.020 when does not apply to consent or stipulated judgments 4.72.080 permitted, when 4.72.020 service of 4.72.020 petition, by authorized, when 4.72.030 contents 4.72.030 limitation of time 4.72.030, 4.72.080 verification 4.72.030 rule of construction 4.72.080 Writ of execution contents 6.17.110 Written rulings or decisions embodied in, exceptions need not be taken 4.80.020 ORDINANCES AND RESOLUTIONS (See also CITIES AND TOWNS, subtitle Ordinances) Adoption at open public meeting required 42.30.060 Cities and towns annexed cities, effect 35.10.320 building code, adoption by reference 35.21.180 codification adoption as official code 35.21.520 amending, adopting, or rejecting 35.21.540 authorization for 35.21.510 copies as proof of ordinances 35.21.550 defined 35.21.500 single subject requirement 35.21.570 subsequent amendment 35.21.560 compilation, codification, and revision of 35.21.500, 35.21.510, 35.21.520, 35.21.530, 35.21.540, 35.21.550, 35.21.560 consolidated cities 35.10.320 electric code, adoption by reference 35.21.180 enforcement by municipal court 35.20.030 evidence, admissible as, when 5.44.080 first class cities violations, providing for punishment 35.22.280 franchises and privileges grant of 35.17.220 health and sanitation, adoption by reference 35.21.180 local improvement, compliance with state law 35.43.030 local improvement districts 35.43.070, 35.43.075, 35.43.080, 35.43.100 meat processing, adoption by reference 35.21.180 milk processing, adoption by reference 35.21.180 plumbing code, adoption by reference 35.21.180 port district regulations, adoption 53.08.220 posting and publishing 35.21.180 recording 5.44.080 signing and filing commission government 35.17.190 council-manager plan 35.18.180 statutes and codes adoption by reference 35.21.180 filing with city clerk 35.21.180 posting and publishing 35.21.180 unclassified cities 35.30.010 utility local improvement districts 35.43.080 compliance with state law 35.43.030 vacation of streets and alleys 35.79.030 abutting fresh or salt water, limitation on 35.79.035 filing 35.79.030 Counties county recreation districts 36.69.210, 36.69.220 county roads and bridges classification of county roads according to manner of acquisition 36.87.100 where no public expenditures involved in acquisition 36.87.110 resolution of intention 36.87.010 vacation of county roads, percentage of appraised value of vacated road required 36.87.120 port district regulations, adoption 53.08.220 recreation districts, resolution of cities and towns 36.69.030 zones and zoning prerequisites 36.70.720 text without map 36.70.730 Evidence admissible as, when 5.44.080 resolution of necessity in eminent domain cases for acquisition of toll bridge property as 47.56.110 (2008 Ed.) OUTDOOR RECREATION Fire protection districts local improvement district formation by 52.20.020 Local improvements and assessments complying with state law 35.43.030 local improvement districts creating 35.43.080 Municipal corporations evidence, admissible as, when 5.44.080 recording of 5.44.080 Port districts, rules and regulations, effect on cities, towns, and counties 53.08.220 Recording of 5.44.080 Utility local improvement districts creation 35.43.030, 35.43.080 OREGON Coastal ecosystems compact and agreements Ch. 77.75 Columbia river compact Ch. 77.75 Fishing, personal use fishing license reciprocity in Columbia river and coastal waters 77.32.410 Pacific marine fisheries compact Ch. 77.75 Pacific Northwest economic region cooperative activities encouraged 43.147.030 findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 terms of agreement 43.147.010 Reciprocity, college and university tuition and fee program agreement, scope 28B.15.730 Reciprocity, tuition and fee program implementation agreement 28B.15.734 program review 28B.15.736 reimbursement 28B.15.732 School district running start program cooperative agreements with Oregon and Idaho community colleges 28A.600.385 OREGON-WASHINGTON BOUNDARY Interstate compact determining WashingtonOregon boundary on Columbia river Ch. 43.58 ORGAN DONATIONS (See ANATOMICAL GIFTS) ORGANIC FOOD Agriculture director’s powers and duties 15.86.060, 15.86.070 Certification mandatory for sellers and processors, exceptions 15.86.090 rule-making authority of agriculture director 15.86.070 Confidentiality of business related information, exceptions 15.86.110 Definitions 15.86.020 Marketing restrictions, standards 15.86.030 National organic program 15.86.060 State organic program 15.86.065 Unfair business practices act, applicability 19.86.023 Violations and penalties 15.86.060 ORGANIZED CRIME Statewide special inquiry judge act Ch. 10.29 ORGANIZED CRIME ADVISORY BOARD (See STATE PATROL, subtitle Organized crime advisory board) ORGANIZED CRIME INTELLIGENCE UNIT (See STATE PATROL, subtitle Organized crime intelligence unit) ORTHOTIC AND PROSTHETIC SERVICES Advisory committee 18.200.060 Definitions 18.200.010 (2008 Ed.) Health, department secretary’s authority 18.200.050 Licenses application requirements 18.200.070 examination 18.200.070 licensure without examination 18.200.080 reciprocity 18.200.090 Practices not limited by chapter 18.200.040 Title use 18.200.030 Treatment limits 18.200.010 Uniform disciplinary act, application 18.200.100 OSTEOPATHIC MEDICINE AND SURGERY (See OSTEOPATHY) OSTEOPATHIC PHYSICIANS’ ASSISTANTS Acupuncture, performance authorization and limitation 18.57A.070 Definitions 18.57A.010 Documentation, signing and attesting 18.57A.080 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Liability and responsibility of osteopathic physician 18.57A.050 Limitations 18.57A.060 Limitations to practice 18.57A.030 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Osteopathic medicine and surgery, board of powers and duties 18.57A.020, 18.57A.040 Practice arrangements, approval by board 18.57A.040 Professional negligence limitation on suits arising from 4.16.350 Qualifications to practice 18.57A.020 Records of review committee or board, members, or employees not subject to process 4.24.250 Scope of practice 18.57A.020 Uniform disciplinary act, application 18.57A.025 OSTEOPATHY Advertising regulations 18.57.140 Board of medical examiners, immunity from civil suit for acts performed in course of their duties on examining committee 4.24.240 Child abuse, reporting Ch. 26.44 Definitions 18.57.001 Designations, use in combination with name 18.57.145 Health maintenance organizations discrimination prohibited 48.46.575 Health regulations and requirements, applicability 18.57.150 Hospitals discrimination against board certified osteopathic physicians and surgeons prohibited 70.41.235 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Licenses application, form and contents 18.57.020 eligibility 18.57.020 examinations 18.57.080 exemptions 18.57.040 inactive license 18.57.045 out-of-state licensees 18.57.130 postgraduate training licenses 18.57.035 renewal requirements 18.57.050 required 18.57.031 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Malpractice settlements and awards, insurers must report 18.57.245 Osteopathic medicine and surgery, board of membership, qualifications and terms 18.57.003 organization and operation 18.57.003 powers and duties 18.57.005 Osteopathic physician professional negligence limitation on suits arising from 4.16.350 Osteopathic physicians’ assistants, supervision Ch. 18.57A Practice of to be regulated by law Const. Art. 20 §2 Professional negligence standard of proof, evidence, exception 4.24.290 Professional service corporations Ch. 18.100 Records of review committee or board, members, or employees not subject to process 4.24.250 Uniform disciplinary act, application 18.57.011 Unlawful practices 18.57.160 Unprofessional conduct disciplinary sanctions 18.57.174 duty to report 18.57.174 OTOLOGIST, STATE Appointment 70.50.010 Duties 70.50.020 OUSTER (See EJECTMENT AND QUIETING TITLE; QUO WARRANTO) OUTDOOR MUSIC FESTIVALS Age of patrons 70.108.110 Application for permit, contents, filing 70.108.040 Approval or denial of permit, corrections, procedure, judicial review 70.108.050 Books and records, inspection of 70.108.140 Cash deposit, surety bond, insurance 70.108.070 Definitions 70.108.020 Drugs prohibited 70.108.090 Expenses, incurred in reviewing request, reimbursement of 70.108.060 Firearms, unlawful, penalty 70.108.150 Inspection of books and records 70.108.140 Legislative declaration 70.108.010 Local regulations and ordinances not precluded 70.108.170 Penalty 70.108.130 Permits application for, contents, filing 70.108.040 approval or denial of 70.108.050 posting, transferability 70.108.120 required, compliance with rules and regulations 70.108.030 revocation of 70.108.080 material violation 70.108.160 Preparations, completion requirements 70.108.160 Proximity to schools, churches, homes 70.108.100 Records and books, inspection of 70.108.140 Reimbursement of expenses incurred in reviewing request 70.108.060 Revocation of permits 70.108.080 OUTDOOR RECREATION (See also PARKS AND RECREATION) Boats and boating, regulation Ch. 79A.60 Community outdoor athletic fields advisory council and strategic plan 79A.25.800, 79A.25.820, 79A.25.830 Horse park, state Ch. 79A.30 Liability of landowners for injuries to recreational users, limitation 4.24.210 Marine recreation lands Ch. 79A.25 Outdoor education and recreation grant program 79A.05.351 Outdoor recreation account Ch. 79A.25 Outdoor recreational facilities bond issue Ch. 79A.10 Parks, use of public lands for state or city purposes Ch. 79A.50 Parks and recreation commission, powers and duties Ch. 79A.05 Recreation and conservation funding board [RCW Index—page 529] OUTDOOR RECREATIONAL FACILITIES director’s duties 79A.25.020 Scenic river system Ch. 79A.55 Skiing and winter sports conduct standards and responsibility Ch. 79A.45 safe and adequate facilities Ch. 79A.40 Urban area state parks 79A.05.250 Wildlife conservation and outdoor recreation lands acquisition Ch. 79A.15 maintenance and operation funding Ch. 79A.20 OUTDOOR RECREATIONAL FACILITIES (See PARKS AND RECREATION, subtitle Outdoor recreational facilities bond issue) OUTER HARBOR LINE (See HARBOR AREAS; HARBOR LINES) OUT-OF-STATE (See NONRESIDENTS) OVER-THE-COUNTER MEDICATIONS (See DRUGS, subtitle Over-the-counter medications) OYSTERS (See FISH AND FISHING) PACIFIC COUNTY Boundaries, tracing of 36.04.250 Southwest Washington fair commission, abolished 36.90.020 Superior court judges, number of 2.08.065 PACIFIC MARINE FISHERIES COMPACT (See FISH AND FISHING) PACIFIC NORTHWEST ECONOMIC REGION Agreement Ch. 43.147 Cooperative activities encouraged 43.147.030 Findings 43.147.020 PNWER-Net interlibrary sharing network defined 43.147.050 legislative findings 43.147.040 PNWER-Net working subgroup 43.147.060 acceptance of gifts, grants, and donations authorized 43.147.080 duties 43.147.070 Terms of agreement 43.147.010 PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL Definitions 43.52A.020 Liaison with governor, legislature 43.52A.050 Members 43.52A.030 compensation, travel expenses 43.52A.050 to spend sufficient time on council activities 43.52A.050 terms, vacancies, criteria 43.52A.040 Participation 43.52A.010 Reimbursement by Bonneville Power Authority 43.52A.050 Report 43.52A.050 Technical assistance 43.52A.050 PACIFIC NORTHWEST EXPORT ASSISTANCE PROJECT (See SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER) PACKAGES Bacon, requirements 69.04.205 Food, drug, and cosmetic act Ch. 69.04 Packaging containing metals certificate of compliance prohibition of sale without 70.95G.060 public access 70.95G.050 concentration levels 70.95G.020 definitions 70.95G.010 enforcement exemptions 70.95G.030 findings 70.95G.005 manufacturer’s certificate of compliance 70.95G.040 Poison prevention packaging Ch. 70.106 Poisons caustic or corrosive poisons, labeling, packaging, and sale Ch. 69.36 [RCW Index—page 530] Weights and measures measurement of commodities, exceptions 19.94.340 packaged commodities in intrastate commerce 19.94.350 price declaration on outside of package 19.94.360 prices not to be misleading or deceptive 19.94.390 regulation of packaging 19.94.370 PAPER MILLS (See PULP AND PAPER MILLS) PAPERS (See RECORDING AND FILING; RECORDS AND DOCUMENTS) PARADES Floats temporary letter of authority 46.16.048 PARAEDUCATORS Associate of arts degree program definitions, training, and program development 28A.630.400 PARAMEDICS (See EMERGENCY MEDICAL SERVICES) PARDONS Civil rights, restoration of upon pardon 9.96.010, 9.96.020, 9.96.030 Clemency and pardons board established 9.94A.880 petition for review, recommendation to governor 9.94A.885 Governor power to grant 9.94A.728, 10.01.120 to report pardons granted to legislature Const. Art. 3 § 11 restrictions Const. Art. 3 § 9 Indeterminate sentence review board duties 9.95.260 Requests for pardons and supervision of pardoned persons 9.95.260 PARENT AND CHILD (See also CHILDREN; GUARDIAN AND WARD; MINORS; UNIFORM PARENTAGE ACT) Action against parent for malicious injury to person or property by minor child, limitation 4.24.190 Action for injury or death of child 4.24.010 seduction of child 4.24.020 Adoption, See ADOPTION Alternative residential placement, See JUVENILES, subtitle Parent and child Child custody control 26.16.125 multistate proceedings Ch. 26.27 uniform parentage act Ch. 26.26 Child custody jurisdiction act Ch. 26.27 Child selling, buying, crime of 9A.64.030 Contracts for personal services of minor 26.28.050 Contributory fault, negligence not imputed 4.22.020 Custodial interference custody of children by law enforcement officer 13.34.055 shelter care placement 13.34.060 Dependency proceedings Ch. 13.34 Dependent children guardianship establishment of 13.34.232 foster care payments, right of guardian to receive 13.34.234 modification of order 13.34.233 parental preferences 13.34.236 qualifications for guardian 13.34.236 review exemption 13.34.235 termination 13.34.233 Desertion and nonsupport enforcement of support, See PUBLIC ASSISTANCE, subtitle Support of dependent children Earnings, separate property of parent having custody or with whom living 26.16.140 Education joint liability of husband and wife, liability of stepparent after divorce 26.16.205 Education of child duty of parent to comply with compulsory attendance law, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance Families in conflict, procedures for, See JUVENILES, subtitle Juvenile court, families in conflict, procedures for Family abandonment and nonsupport Ch. 26.20 Family relationships among immigrants proceedings for determination of presumptions 5.44.140 Foster care Indian children 13.34.245 Guardian nominated by will or durable power of attorney 11.88.080 paternity suit, not required, when 74.20.310 Habeas corpus, granting of writ to parent 7.36.020 Handicaps, children with commitment, petition for, consent, health measures Ch. 26.40 Indian children foster care 13.34.245 Inheritance by and from any child not dependent upon marriage of parents 11.04.081 Injury to person or property by child, action against parent allowed, limitation 4.24.190 Jurisdiction, out-of-state residents or nonresidents, acts submitting person to state jurisdiction 4.28.185 Juvenile court liability of parent for support 13.34.161 Juvenile court proceedings enforcement of dependent child support payments 13.34.160 notice to parent 13.34.070 Juvenile crime 43.121.150 Name, action for change of 4.24.130 Out-of-home placement disposition hearing and court order 13.32A.179 support contribution by parents 13.32A.175, 13.32A.177, 13.32A.178 Parent and child relationship action to determine relationship 74.20.310 private attorney representation 74.20.350 dependent children guardianship court order contents 13.34.232 foster care payments, right of guardian to receive 13.34.234 parental preferences 13.34.236 powers and duties of guardian 13.34.232 qualifications for guardian 13.34.236 who may petition for 13.34.230 petition hearing, procedure, grounds for guardianship 13.34.231 preferences when placing Indian child in foster care home 13.34.250 tribal records given effect 13.34.240 guardian not required, when 74.20.310 termination of failure to cause juvenile to attend school relevant to neglect petition 13.34.300 health care, evaluation and treatment 13.34.315 no parent remaining, custody 13.34.210 order for, grounds 13.34.190 petition for, grounds 13.34.180 rights of parties 13.34.200 parent and child relationship termination of (2008 Ed.) PARKS AND RECREATION petition to reinstate 13.34.215 Parental leave, adoptive and stepparents application, determination of effective date 49.12.370 discrimination prohibited 49.12.360 legislative findings 49.12.350 Parenting skills general provisions 43.121.110, 43.121.120, 43.121.130 shaken baby syndrome outreach campaign 43.121.140 Parenting skills and child abuse prevention classes 28A.620.020 Paternity forms mandatory use of standard forms and format rules 26.18.220 genetic testing orders 74.20.360 private attorney representation 74.20.350 uniform parentage act Ch. 26.26 Privileged communications 5.60.060 Residential schools, parental successors, See RESIDENTIAL SCHOOLS, subtitle Parental successors Runaway hotline 74.13.039 School grounds, removal of child from during school hours 28A.605.010 School property, defacing or otherwise injuring, penalty, parent’s liability 28A.635.060 School sponsored activities or classroom, access by parents to 28A.605.020 Schooling of child, compliance with compulsory attendance law, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance Seduction of child, action for 4.24.020 Service of summons on minors, personal service 4.28.080 Sexually transmitted diseases treatment of minor, parental consent not required 70.24.110 Shaken baby syndrome outreach campaign 43.121.140 Shoplifting or unpaid restaurant meals, liability 4.24.230 Substitution of child, penalty 9.45.020 Support joint liability of husband and wife 26.16.205 liability of stepparent after divorce 26.16.205 uniform interstate family support act Ch. 26.21A Termination of parent and child relationship Ch. 13.34 Traffic records, disclosure to parent 46.20.293 Vaccination of pupil in first class school district prohibited if against will of parent 28A.330.100 Visually or hearing impaired youth, duty of parent 72.40.080 PARENT LOCATOR SERVICES Support enforcement 74.20.280 PARENTAGE (See UNIFORM PARENTAGE ACT) PARENTING ACT (See CHILD SUPPORT, subtitle Parenting act) PARK AND RECREATION DISTRICTS (See also COUNTIES, subtitle Parks and recreation; METROPOLITAN PARK DISTRICTS; PARKS AND RECREATION) Board of commissioners contract indebtedness 36.69.350 election procedures 36.69.090 issue revenue bonds 36.69.350 terms of office 36.69.090 Community service organizations neighborhood improvement projects 35.21.278 Counties joint districts, multi-counties authority for 36.69.420 (2008 Ed.) county responsible for maintenance, operation, administration 36.69.450 election procedure 36.69.440 formation petition 36.69.430 procedure 36.69.440 population determination 36.69.460 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Neighborhood self-help projects contracts with community service organizations 35.21.278 Revenue bonds authorized 36.69.360 form 36.69.370 funding, refunding bonds 36.69.400 issuance 36.69.370 authority for 36.69.410 payment of, covenants, enforcement 36.69.390 purposes 36.69.360 resolution to authorize, contents 36.69.380 seal 36.69.370 term 36.69.370 Short-term obligations Ch. 39.50 Water-sewer district conveyance of land for park and recreation purposes 57.08.140 PARKING Angle parking 46.61.575 Automobile emissions, persons with acute sensitivity to special parking privileges for 46.16.381 Brake, setting 46.61.600 Business improvement areas, establishment and authority to levy special assessments Ch. 35.87A Cabulances special parking privileges 46.16.381 Cities and towns authority for local improvement 35.43.040 off-street Ch. 35.86 receipts for parking fees 35.86A.070 towns, off-street 35.27.550, 35.27.560, 35.27.570, 35.27.580, 35.27.590 Cities and towns, public facilities districts authorized to acquire and operate regional centers Ch. 35.57 Cities and towns, See also CITIES AND TOWNS, subtitle Parking College and university transportation demand management programs Ch. 28B.130 Dangerous places, traffic control devices prohibiting 46.61.575 Defined, for motor vehicle purposes 46.04.381 Disabilities, persons with free parking 46.61.582 reciprocity with other jurisdictions 46.16.390, 46.61.583 reserved privilege 46.16.381 reserved spaces 46.16.381 special plates, disabled parking versions 46.16.385 stalls and spaces, requirements, penalties 46.61.581 Driveway entrances 46.61.570 Facilities use and control of, rule making authority 46.61.577 Fines collection, required for vehicle license renewal 46.16.216 Fire hydrants, proximity of 46.61.570 Leaving children unattended in vehicle 46.61.685 Locking vehicle 46.61.600 Main-traveled part of highway 46.61.560 Motor vehicles, See MOTOR VEHICLES, subtitle Parking Moving parked car, rule 46.61.300 Off-street cities and towns Ch. 35.86 pedestrian malls 35.71.040 towns 35.27.550, 35.27.560, 35.27.570, 35.27.580, 35.27.590 Parallel parking 46.61.575 Park and ride lots regulations governing 46.61.577 Parking meters revenue use 35.23.454 Prohibited places specified 46.61.570 Public facilities districts parking charges tax 36.100.220 Public transit vehicles 46.61.560 Railroad tracks 46.61.570 Removing key 46.61.600 Reserving portion of highway for, prohibited 46.61.570 Sidewalks 46.61.570 Stadium and exhibition center parking charges tax 36.38.040 Starting parked car, rule 46.61.300 State-owned or leased property director of general administration to set fees 46.08.172 state vehicle parking account, parking revenue deposits and use of funds 43.01.225 Turn signal not to be flashed on parked vehicle, exception 46.61.305 Turning wheels to curb or side of highway 46.61.600 Unattended vehicle removal duty 46.61.590 rules 46.61.600 Violations municipalities to report to state 46.20.270 Watching or guarding parked vehicle, soliciting fee for, prohibited 46.61.255 Winter recreational parking areas penalty for violations 46.61.587 public safety and education account to benefit 43.08.250 special permit required 46.61.585 PARKS AND RECREATION Alcoholic beverages, parks and picnic areas not included as public places for purpose of alcoholic beverage laws 66.04.011 Armories, use of for recreation purposes 38.20.010 Boating safety education commission powers and duties 79A.05.310 Boats abandoned vessels at park moorage facilities Ch. 79A.65 Puget Sound small boat facilities 79A.05.185 Boats and boating, regulation Ch. 79A.60 Cities and towns annexation of territory for, second class cities 35.13.180 authority for local improvement 35.43.040 authority to acquire and operate 67.20.010 conditional sales contracts for purchase of property for authorized, vote required if exceeds debt limitation 39.30.010 first class cities, purchase of property for 35.22.280 park commissioners, approval of local improvement proceedings 35.43.040 parks, beaches and camps, authority, generally Ch. 67.20 second class cities acquisition of land for 35.23.440 exchange of park property 35.23.010 power to provide 35.23.440 towns, purchase of land for 35.27.400 Commission, See PARKS AND RECREATION COMMISSION Conservation corps duties 43.220.060 work project areas 43.220.160 Controlled substances violations committed in or near park 69.50.435 Counties [RCW Index—page 531] PARKS AND RECREATION authority to acquire and operate 36.69.190, 67.20.010 board for compensation 36.68.030 powers and duties 36.68.060 removal of members 36.68.050 terms of office 36.68.040 vacancies 36.68.050 comprehensive plans, elements of 36.70.350 conditional sales contracts by county for purchase of property for parks authorized, vote required if exceeds indebtedness 39.30.010 designation of name 36.32.430 funds for, generally 36.68.070 joint districts, multi-counties authority for 36.69.420 county responsible for maintenance, operation, administration 36.69.450 election procedure 36.69.440 formation petition 36.69.430 population determination 36.69.460 libraries on county-owned land authorized 36.68.110 park and playground systems, authority 36.68.010 park and recreation districts bonds, general obligation, issuance of 36.69.140 excess levies, authorization 36.69.140 six-year regular property tax levies 36.69.145 parks, beaches and camps, authority, generally Ch. 67.20 penalty for violations 36.68.080 recreation districts area, additional authority 36.69.190 authority for counties 36.69.010 board of commissioners compensation 36.69.110 duties 36.69.120 election procedures 36.69.090 jurisdiction 36.69.260 terms 36.69.090 vacancies 36.69.100 budget 36.69.160 community revitalization financing 36.69.147 dissolution 36.69.310 fiscal matters expenditures 36.69.170 warrants and vouchers 36.69.150 formation boundaries, fixing 36.69.050 elections 36.69.065, 36.69.070, 36.69.080 hearing 36.69.040 petition 36.69.020 resolution of cities and towns 36.69.030 local improvement districts authority for 36.69.200 hearings 36.69.250 initiation of proceedings petitions 36.69.210, 36.69.230 resolutions 36.69.210, 36.69.220 notice 36.69.240 notice, to contain statement that assessments may vary from estimates 36.69.245 powers and duties of board 36.69.270 protests 36.69.260 powers of enumeration 36.69.130 specific enumeration 36.69.130 recreational facilities authority to construct, regulate and charge for use of 36.69.130 defined 36.69.010 treasurer, county treasurer as 36.69.150 violation of rules, penalty 36.69.180 recreational programs, conduct of 36.68.020 Cross-state trail 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130 [RCW Index—page 532] Department of energy facility site evaluation council, membership 80.50.030 Destroying native flora on state lands or on or adjoining highways and parks unlawful 47.40.080 Disabled persons park passes 79A.05.065 Discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Disposal of disputed land 79A.05.178 Disposal of land not needed for park purposes 79A.05.175 Environmental interpretation 79A.05.335, 79A.05.340, 79A.05.345 Escheated lands lands suitable for park purposes probate proceedings 11.08.250 valuation and payment 11.08.250 Exchange of land 79A.05.180 Foster home pass 79A.05.065 Green River Gorge conservation area acquisitions authority 79A.05.710, 79A.05.715 creation 79A.05.705 Historic archaeological resources, identification 79A.05.195 Horse park, state Ch. 79A.30 Hostels 79A.05.265, 79A.05.270, 79A.05.275, 79A.05.280 Integrated pest management Ch. 17.15 Lakes within irrigation and rehabilitation districts, recreational use 87.84.005 Local improvements and assessments, authority generally 35.43.040 Marine recreation land duties of recreation and conservation funding board Ch. 79A.25 Metal detectors 79A.05.190, 79A.05.195 Metropolitan park districts assessment of property by cities and towns 35.44.170 Metropolitan park districts, See also METROPOLITAN PARK DISTRICTS Milwaukee road corridor Ch. 79.73 cross-state trail, See TRAILS management control 79A.05.315, 79A.05.320, 79A.05.325, 79A.05.330 Mount Si conservation area created 79A.05.730 eminent domain, prohibited 79A.05.745 management 79A.05.735 property procurement, lease 79A.05.740 Mutual savings banks, authorized investment 32.20.470 Natural area preserves, See NATURAL AREA PRESERVES Obstructing is nuisance 7.48.120 Obstructing or interfering with as public nuisance, penalty 9.66.010 Olympic National Park cession of state jurisdiction to United States 37.08.210 civil and criminal jurisdiction of state preserved 37.08.210 taxation, jurisdiction of state as to 37.08.210 Outdoor recreation, See also OUTDOOR RECREATION Outdoor recreational areas and facilities bond issue Ch. 43.99A, Ch. 43.99B Outdoor recreational facilities bond issue Ch. 79A.10 Parks and recreation commission recreation facilities, appropriation of state and local improvements revolving account to, administration of 43.83C.040 Parks and recreation commission, See also PARKS AND RECREATION COMMISSION Parks and recreation service areas, See COUNTIES, subtitle Parks and recreation service areas Pest control integrated pest management Ch. 17.15 Pesticide applications marking of treated landscape property 17.21.410 Port district park and recreation facilities approval of other agencies required, time limitation 53.08.270 authorized when 53.08.260 Public lands use for state or city parks Ch. 79A.50 Puget Sound small boat facilities 79A.05.185 Rainier National Park cession of state jurisdiction to United States 37.08.200 criminal jurisdiction of state preserved 37.08.200 taxation, jurisdiction of state as to 37.08.200 Recreation districts, formation of county, resolution of cities and towns 36.69.030 Recreation trails system Ch. 79A.35 Recreational resources and open space recreation and conservation funding board Ch. 79A.25 Scenic and recreational highways, allocation of costs 47.39.030 Scenic river system Ch. 79A.55 Schools and school districts, parks, beaches and camps, authority, generally Ch. 67.20 Seashore conservation area 79A.05.605, 79A.05.610, 79A.05.615, 79A.05.620, 79A.05.625, 79A.05.630, 79A.05.635, 79A.05.640, 79A.05.645, 79A.05.650, 79A.05.655, 79A.05.660, 79A.05.665, 79A.05.693 recreation management plans 79A.05.685, 79A.05.695 Senior citizens park passes 79A.05.065 Signs state park directional signs 47.36.290 Skiing and winter sports conduct standards and responsibility Ch. 79A.45 safe and adequate facilities Ch. 79A.40 State institutions public use of outdoor recreational lands, conditions 72.01.460 State parks abandoned vessels Ch. 79A.65 acquisition and management of lands 79A.05.305 centennial 79A.75.005, 79A.75.010, 79A.75.020, 79A.75.030 crimes 79A.05.165 dedication as parks and parkways 79A.05.135 exchange of land 79A.05.180 gift foundation Ch. 79A.70 horse park, state Ch. 79A.30 improvements by organizations or groups, conditions 79A.05.140, 79A.05.145, 79A.05.150, 79A.05.155 land acquisition 79A.05.285, 79A.05.290 land donations for park purposes 79A.05.095 littering prohibited, penalties 70.93.060 metal detectors 79A.05.190, 79A.05.195 money donations and bequests 79A.05.100 parks and recreation commission, powers and duties Ch. 79A.05 police powers of employees 79A.05.160 transportation department authorized to construct and maintain roads and bridges within 47.01.180 vehicle license, donation 46.16.076 violations and penalties 79A.05.165 waste reduction and recycling 79A.05.045 winter recreational parking areas penalty for violations 46.61.587 State parks and recreation commission director port district park and recreation facilities to be approved by 53.08.270 snowmobile advisory committee 46.10.220 winter recreational parking areas special permit required 46.61.585 (2008 Ed.) PARTIES State trust lands, purchase 79A.05.210 State trust lands, transfer to commission 79A.05.220 Surplus land, transfer 79A.05.170 Tidelands transfer of certain tidelands to commission 79A.05.200, 79A.05.205 Trails, recreation trails system Ch. 79A.35 Transfer of property or contracts for use for park and recreational purposes 39.33.060 Underwater parks diverse recreational opportunities to be created 79A.05.370 establishment and maintenance 79A.05.360 liability 79A.05.375 parks and recreation commission duties 79A.05.355 Urban area state parks 79A.05.250, 79A.05.300 Veterans’ disability park passes 79A.05.065 Vic Meyer golf course, lake 79A.05.260 Water skiing safety Ch. 79A.60 Water trail recreation program administration 79A.05.380 disposition of funds 79A.05.425 grants 79A.05.390 liability 79A.05.395 powers and duties of commission 79A.05.385 rule-making authority 79A.05.410 violations 79A.05.415 Waterway marking system 79A.60.500 Wildlife conservation and outdoor recreation lands acquisition Ch. 79A.15 maintenance and operation funding Ch. 79A.20 Winter recreation advisory committee 79A.05.255 Winter recreation programs grants 79A.05.235 Winter recreational facilities commission powers and duties 79A.05.225 parking 46.61.587, 79A.05.230, 79A.05.240, 79A.05.245, 79A.05.250 Wood gathering persons over sixty-five exempt from fees 79A.05.090 Yakima river conservation area acquisition, development, operation 79A.05.765, 79A.05.780 area prescribed 79A.05.760 designation 79A.05.755 eminent domain 79A.05.770 hunting, regulation and management 79A.05.793 land use planning, zoning 79A.05.790 real property, acquisition of 79A.05.795 wetlands preservation 79A.05.775 Youth development and conservation corps 79A.05.505, 79A.05.510, 79A.05.515, 79A.05.520, 79A.05.525, 79A.05.530, 79A.05.535, 79A.05.540 PARKS AND RECREATION COMMISSION Acquisition and management of lands 79A.05.305 Boating facilities small spill education program 79A.60.620 Boating fire prevention education program 79A.60.610 Boating safety education powers and duties 79A.05.310, 79A.60.630 Boats abandoned vessels at park moorage facilities Ch. 79A.65 Chair 79A.05.025 Composition and expenses 79A.05.015 Cross-state trail 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130 Definitions 79A.05.010 Director duties 79A.05.040 powers and duties, delegation 79A.05.075 (2008 Ed.) Disabled persons park passes 79A.05.065 Disposal of disputed land 79A.05.178 Environmental interpretation 79A.05.335, 79A.05.340, 79A.05.345 Foster home pass 79A.05.065 Green River Gorge conservation area, See PARKS AND RECREATION Horse park, state Ch. 79A.30 Housing for employees, state-owned or leased 43.81.020, 43.81.030, 43.81.040 Intergovernmental cooperation 79A.05.055 Land abutting highways, withdrawal from sale 79A.05.105 Land acquisition authorization 79A.05.285, 79A.05.290 Land donations for park purposes 79A.05.095 Land not abutting highways, exchange for land on highway 79A.05.110 Littering in state parks, community restitution policy and procedures 79A.05.050 Marine oil refuse dump and holding tank information 88.02.050 Marine plastic debris Ch. 79.145 Meetings 79A.05.025 Milwaukee road corridor management control 79A.05.315, 79A.05.320, 79A.05.325, 79A.05.330 Money donations and bequests 79A.05.100 Mt. Si conservation area, See PARKS AND RECREATION Notification requirements 79A.05.179 Outdoor education and recreation grant program 79A.05.351 Parkland acquisition account 79A.05.170, 79A.05.175 Parks improvement account, funds and disbursement 79A.05.060 Parks renewal and stewardship account 79A.05.100 Police powers 79A.05.160 Polluted and environmentally sensitive waters, identification and designation 79A.60.520 Powers and duties 79A.05.020, 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075 Public lands use for state or city parks Ch. 79A.50 Recreational and historical literature, publication 79A.05.055 Recreational vessels, regulation and duties Ch. 79A.60 Scenic river system Ch. 79A.55 Seashore conservation area 79A.05.605, 79A.05.610, 79A.05.615, 79A.05.620, 79A.05.630, 79A.05.635, 79A.05.640, 79A.05.645, 79A.05.650, 79A.05.655, 79A.05.660, 79A.05.665, 79A.05.693 recreation management plans 79A.05.685, 79A.05.695 Senior citizens park passes 79A.05.065 Skiing and winter sports conduct standards and responsibility Ch. 79A.45 safe and adequate facilities, duties Ch. 79A.40 State parks education and enhancement account 79A.05.059 State parks gift foundation Ch. 79A.70 State parks renewal and stewardship account 79A.05.215 State trust lands, purchase 79A.05.210 State trust lands, transfer to commission 79A.05.220 Television stations, lease of lands 79A.05.080, 79A.05.085 Terms 79A.05.015 Tidelands transfer of certain tidelands to commission 79A.05.200, 79A.05.205 Underwater parks 79A.05.355, 79A.05.360, 79A.05.370, 79A.05.375 Urban area state parks 79A.05.250, 79A.05.300 Veterans’ disability park passes 79A.05.065 Waste reduction and recycling 79A.05.045 Water trail recreation program 79A.05.380, 79A.05.385, 79A.05.390, 79A.05.395, 79A.05.410, 79A.05.415, 79A.05.425 Whitewater rafting, regulatory duties 79A.60.495 Winter recreation advisory committee 79A.05.255 Winter recreation programs grants 79A.05.235 Winter recreational facilities parking 79A.05.230, 79A.05.240, 79A.05.245, 79A.05.250 powers and duties 79A.05.225 Winter recreational program account 79A.05.235 Youth development and conservation corps 79A.05.505, 79A.05.510, 79A.05.515, 79A.05.520, 79A.05.525, 79A.05.530, 79A.05.535, 79A.05.540 PARKS AND RECREATION SERVICE AREAS (See COUNTIES, subtitle Parks and recreation service areas) PARKWAYS AND PARK DRIVES Cities and towns authority for local improvement 35.43.040 local improvement districts for 35.43.110 Destroying native flora on state lands or on or adjoining highways and parks unlawful 47.40.080 Metropolitan park districts, regulation of 35.61.130 PAROLE AND PROBATION (See PROBATION AND PAROLE; SENTENCING) PARTIES Actions by cities and towns to terminate trust, property acquired at local improvement foreclosure proceedings 35.53.060 Appearance of defendant effect 4.28.210 Assignee of chose in action can sue in own name 4.08.080 Attorneys appearance without authority, effect 2.44.020 authority 2.44.010 change of 2.44.040 notice to adverse party 2.44.050 proof of authority may be required 2.44.030 Certiorari proceedings, designation of parties 7.16.010 Change of attorney 2.44.040 notice to adverse party 2.44.050 Conclusions of law submitted by, procedure 4.44.070 Consent to trial of issues of fact by other than court 4.40.070 Constructively served, right to appear, defend or reopen 4.28.200 Contempt of court, See CONTEMPT OF COURT Death or removal of attorney 2.44.060 Debtor of assigned chose in action, defenses, counterclaim and setoff 4.08.080 Defect of ground for demurrer objection by answer, when 4.32.070 Defendants affirmative relief dismissal action by plaintiff barred if defendant seeks 4.56.120 judgments on, authorized 4.56.075 certiorari proceedings, designation of 7.16.010 costs defending separately 4.84.070 recovery of authorized, when 4.84.060 criminal actions discharging defendant to give evidence for codefendant, bar to subsequent prosecution 10.46.110 state, bar to subsequent prosecution 10.46.110 [RCW Index—page 533] PARTITION joint conviction or acquittal 10.61.035 several conviction or acquittal 10.61.035 state’s evidence, becoming 10.46.110 diking districts, appearance, improvement procedure 85.05.120 dismissal action by plaintiff barred if defendant seeks affirmative relief 4.56.120 dismissal for plaintiff’s failure to give security for costs 4.84.230 ejectment and quieting title actions appointment of trustee for absent defendant 7.28.010 garnishees action on bond in lieu of separate security for costs 4.84.220 dismissal of actions for plaintiff’s failure to give security for costs 4.84.230 judgment on security for costs 4.84.240 power to require security for costs 4.84.210 judgment for on setoff action against executors and administrators, effect 4.56.050 judgment on security for costs for 4.84.240 mandamus proceedings, designation of 7.16.010 nonresidents, service of summons on, personal service 4.28.080 procedure to bind after judgment against 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 prohibition proceedings, designation of 7.16.010 setoff by, judgment for balance due from plaintiff 4.56.070, 4.56.075 Delivery of subject matter of litigation to parties, court may order, enforcement 4.44.490 Deposits into court court may order enforcement 4.44.490 when 4.44.480 custody of money deposited 4.44.500 Deposits into court, See also DEPOSITS IN COURT Ejectment and quieting title actions action by known heirs after ten years possession to quiet title 7.28.010 service on of order for survey of property 7.28.210 Employment of new attorney, power to 2.44.010 Examination of admission of custody of subject matter of litigation court may order deposit into court, custody of money deposited 4.44.500 delivery to party by court order enforcement 4.44.490 when 4.44.480 deposits into court enforcement 4.44.490 when 4.44.480 Execution of judgment, power to 2.44.010 Findings of fact submitted by, procedure 4.44.070 Forcible entry and detainer proceedings 59.12.060 Habeas corpus production on hearing 7.36.100 Interpleader 4.08.150, 4.08.160, 4.08.170, 4.08.180 Joinder challenges to jurors 4.44.130 ejectment and quieting title actions, joinder authorized, when 7.28.280 necessary parties defendant dismissal for failure to join 4.56.120 nonsuit for failure to join 4.56.120 Joint defendants procedure to bind joint debtors after judgment 4.68.010, 4.68.020, 4.68.030, 4.68.040, 4.68.050, 4.68.060 Judgment [RCW Index—page 534] assignment on execution docket 4.64.080 discharge of on execution docket 4.64.080 enforcement power in 2.44.010 Judgment creditors abstract of judgment to contain name of 4.64.090 abstract of verdict preparation and cost 4.64.100 Judgments against vacation or modification of death before judgment ground 4.72.010 petition, by 4.72.030 fraud in obtaining, ground 4.72.010 Mandamus proceedings, designation of 7.16.010 Municipal local improvement assessments foreclosure procedure 35.50.230 Necessary dismissal for failure to join 4.56.120 nonsuit for failure to join 4.56.120 New parties service of summons on 4.08.140 Notices to eminent domain proceedings 4.28.120 Partition proceedings judgment of partition, effect on 7.52.100, 7.52.110 lien creditors, as 7.52.030, 7.52.150 persons entitled to bring action 7.52.010 Pauper appeals to supreme court, costs and fees paid by state 4.88.330 supreme court appeals, state to pay costs and fees 4.88.330 Plaintiffs certiorari proceedings, designation of 7.16.010 costs bond in lieu of separate security for costs 4.84.220 dismissal for failure to give security for costs 4.84.230 recovery of attorney fees denied if wrongly brought in superior court 4.84.030 limitation in certain actions 4.84.040 several actions against parties who could have been joined 4.84.050 security for costs judgment on 4.84.240 required, when 4.84.210 standing bond for numerous actions 4.84.220 ejectment and quieting title actions action by known heirs after ten years possession to quiet title 7.28.010 mandamus proceedings, designation of 7.16.010 nonresidents bond in lieu of separate security for costs 4.84.220 dismissal for failure to give security for costs 4.84.230 security for costs judgment on 4.84.240 may be required, when 4.84.210 standing bond for numerous actions 4.84.220 prohibition proceedings, designation of 7.16.010 setoff against dismissal, action for by plaintiff barred if defendant seeks 4.56.120 judgments for balance due to defendant 4.56.070, 4.56.075 Prevailing attorneys’ fees as costs in damage actions five thousand dollars or less 4.84.260, 4.84.270, 4.84.280, 4.84.290, 4.84.300 attorneys’ fees as costs in damage actions seven thousand five hundred dollars or less 4.84.250 entitled to costs 4.84.030, 12.20.060 Prohibition proceedings, designation of 7.16.010 Public corporations actions against 4.08.120 actions by 4.08.110 Real party in interest setoff against 4.32.120 Referees agreement on referees 4.48.030 compensation may be set by 4.48.100 Service of process and papers on, See also SERVICE OF PROCESS AND PAPERS Service of process on out-of-state parties 4.28.180 Service of summons on personal service 4.28.080 publication, by 4.28.100 form of 4.28.110 manner of publication 4.28.110 Settlement offers time period 4.84.280 Subscribed to summons by publication 4.28.110 Supplemental proceedings attendance excused, when 6.32.190 corporations appearance, compelling 6.32.190 examination of, compelling 6.32.190 examination of answers required 6.32.200 immunity if compelled to answer 6.32.200 oaths 6.32.050 third parties may be joined 6.32.030 witnesses, as 6.32.050 Title of papers and notices defective as to, effect 4.32.250 Unknown real property actions 4.28.140 Unknown heirs and claimants in real property actions, judgment, effect of 4.28.160 Unknown heirs in real property actions 4.28.150 Venue change, neglect of moving party in transmission of records 4.12.110 Verdict entry to include 4.64.020 Witnesses in district court civil proceedings examination in own behalf 12.16.090 may be examined as witness 12.16.060 rebuttal of testimony 12.16.070 refusal to testify, procedure 12.16.080 Witnesses in justice court civil proceedings 5.60.030 PARTITION Absence, lien creditors absent from state on sale of property, service on 7.52.200 Abstract of title, costs, as 7.52.480 Accounts and accounting guardian or limited guardian for incompetent or disabled person 7.52.460 proceeds on sale of property 7.52.430 Acknowledgment, consent to sale of estate for life or years 7.52.310 Affidavits judgment creditors, proof of amount due on sale of property, by 7.52.180 lien creditor absent from state or residence unknown on sale of property 7.52.200 party not known or nonresident 7.52.050 Answers, contents 7.52.060 Appearance, judgment creditors, notice on sale of property to require 7.52.180 Attorneys at law fees as costs 7.52.480 service of notice to on sale of property 7.52.200 Auction, sale of property by 7.52.270 Bids and bidders, sale of property by auction 7.52.270 Bonds, guardian or limited guardian of incompetent or disabled person 7.52.460 Certificates, judgment lien unsatisfied 7.52.160 Clerks of court consent to sale of estate for life or years filed with 7.52.310 investments of proceeds from sale of property duties 7.52.430 in name of 7.52.410 (2008 Ed.) PARTITION report of sale filed with 7.52.370 security on purchase money may be taken in name of 7.52.290 security on sale of property, duties 7.52.430 Compensation on unequal partition 7.52.440 Complaints contents 7.52.020 supplemental complaint making lien creditors parties 7.52.150 Condominiums, property damaged or destroyed, partition action for remainder or insurance proceeds 64.32.230 Confirmation referee’s report on partition of property 7.52.100 report of referee for sale of property 7.52.210 report of sale 7.52.380 Consent guardian or limited guardian, by 7.52.470 sale of estate for life or years 7.52.310 without 7.52.320 Contingent future rights, sale of 7.52.340 Contracts, security on sale of property, concerning 7.52.420 Conveyances, order of confirmation of sale to direct 7.52.380 Costs 7.52.120 apportionment of 7.52.480 decree of distribution 7.52.220 execution is included in decree 7.52.480 priority over lien 7.52.030 County clerk, certificate of unsatisfied judgment lien 7.52.160 Credit on sale of property order of sale to direct 7.52.280 security for 7.52.290 Creditors lien creditors answer requisites concerning 7.52.060 confirmation of report of referee for sale of property, effect on 7.52.210 defendants, as 7.52.030, 7.52.150 judgment creditors, notice to on sale of property 7.52.180 notices directed to 7.52.040 proceedings for sale of property 7.52.190 purchase of property by 7.52.390 security, priority of application 7.52.230 service of notice on sale of property 7.52.200 Debts, answer of lien creditor to state amount 7.52.060 Decree of, filing with auditor, notice 65.04.070 Deposits in court continuance of suit to determine claims 7.52.260 proceedings on not to delay sale 7.52.240 proceeds and securities taken by referees 7.52.250 sale of estate for life or years investment of proceeds 7.52.400 sale without consent 7.52.320 Description referees’ report 7.52.090 report of sale to list 7.52.370 Disbursements, costs as 7.52.480 Estates complaint to indicate, when 7.52.020 contingent estates, complaint to indicate 7.52.020 contingent future estates, sale of 7.52.340 estate for years action for partition in sale authorized, when 7.52.010 investment of proceeds from sale of property 7.52.400 sale of 7.52.300, 7.52.310, 7.52.320, 7.52.330 setoff in property not ordered sold 7.52.140 estate of inheritance, action for partition and sale authorized, when 7.52.010 future estates contingent, sale of 7.52.340 vested, sale of 7.52.340 (2008 Ed.) incompetent or disabled persons, of, guardian or limited guardian may receive proceeds of sale 7.52.460 life estates action for partition in sale authorized, when 7.52.010 investment of proceeds from sale of property 7.52.400 sale of 7.52.300, 7.52.310, 7.52.320, 7.52.330 setoff in property not ordered sold 7.52.140 vested future estates, sale of 7.52.340 Evidence continuance of suit to determine claims 7.52.260 proceedings for sale of property 7.52.190 Exceptions proceedings before referee for sale of property 7.52.200 report of referee for sale of property 7.52.200 Executions, costs included in decree 7.52.480 Expenses, referee and surveyor on partition 7.52.120 Farms, sale of 7.52.350 Fees attorneys at law, costs, as 7.52.480 referee, costs, as 7.52.480 referee on partition 7.52.120 Filing consent to sale of estate for life or years 7.52.310 contract concerning security on sale of property 7.52.420 receipt for delivery of security on sale of property 7.52.420 report of sale 7.52.370 securities taken by clerk on sale of property 7.52.430 Future rights, vested or contingent, sale of 7.52.340 Guardian and ward consent to partition 7.52.470 interest of guardian in purchase prohibited 7.52.360 proceeds from sale of property of incompetent or disabled person 7.52.460 sale of infant’s share, payment to guardian 7.52.450 Incompetent or disabled persons consent to partition by guardian or limited guardian 7.52.470 guardian or limited guardian may receive proceeds of sale 7.52.460 Infants compensation for unequal partition 7.52.440 consent to partition by guardian or limited guardian 7.52.470 interest of guardian prohibited 7.52.360 payment to guardian on sale of interest 7.52.450 terms of sale to be directed by court 7.52.280 Inspection, accounts of proceeds from sale of property 7.52.430 Interest investment of proceeds of sale of property, on 7.52.400 clerk’s duties 7.52.430 Investments, proceeds of sale of property clerk’s duties 7.52.430 clerk’s name, in 7.52.410 estate subject to tenancy for life or years, from 7.52.400 estates for life or years, from 7.52.320 nonresidents, of 7.52.400 unknown owners, of 7.52.400 vested or contingent future rights or estates, from 7.52.340 Issues triable 7.52.070 Judgments distribution of proceeds of sale 7.52.220 liens, unsatisfied certificate of county clerk 7.52.160 existence, ascertaining of 7.52.160, 7.52.170 notice to judgment creditor on sale of property 7.52.180 priority 7.52.170 referee, appointment of 7.52.170 partition, of 7.52.100, 7.52.110 Lien creditors judgment creditors, notice to on sale of property 7.52.180 Liens answer requisites concerning 7.52.060 cost of partition, preference over 7.52.030 costs, for 7.52.480 creditors answer requisites concerning 7.52.060 confirmation of report of referee for sale of property, effect on 7.52.210 defendants, as 7.52.030, 7.52.150 notice directed to 7.52.040 proceedings for sale of property 7.52.190 purchase of property by 7.52.390 security, priority of application 7.52.230 service of notice on sale of property 7.52.200 judgment liens unsatisfied certificate of county clerk 7.52.160 existence, ascertaining of 7.52.160, 7.52.170 priority 7.52.170 referee, appointment of 7.52.170 payment from proceeds of sale 7.52.220 proceedings on not to delay sale 7.52.240 subject of lien after partition 7.52.030 Lots, sale of 7.52.350 Mortgages on sale of property, security for purchase money, as 7.52.290 Motions, lien creditors be made parties 7.52.150 Nonresidents investment of proceeds from sale of property for 7.52.400 terms of sale to be directed by court 7.52.280 Notices decree of, filing with auditor 65.04.070 directed to whom 7.52.040 judgment creditors on sale of property 7.52.180 sale of property by auction 7.52.270 proof of service 7.52.190 service 7.52.200 service by publication 7.52.050 Orders of court confirmation of report of referee for sale of property, effect 7.52.210 decree of partition authorized, when 7.52.080 order of confirmation of sale 7.52.380 order of sale authorized, when 7.52.080, 7.52.130 directed to referees 7.52.130 estates estate for years 7.52.300 life estate 7.52.300 terms of sale directed in 7.52.280 security of creditors to be sold or deducted first 7.52.230 service on lien creditors on sale of property 7.52.200 supplemental complaint making lien creditors parties, order for 7.52.150 Parties judgment of partition, effect on 7.52.100, 7.52.110 lien creditors, as 7.52.030, 7.52.150 persons entitled to bring action 7.52.010 Partition of property appointment of referees 7.52.080, 7.52.100 decree of partition 7.52.080 division and allotment 7.52.090 judgment of partition 7.52.100, 7.52.110 report of referees confirmation 7.52.100 contents 7.52.090 required 7.52.090 setting aside 7.52.100 [RCW Index—page 535] PARTNERSHIPS Pleadings, continuance of suit to determine claims 7.52.260 Priorities continuance of suit to determine 7.52.260 costs, priority over lien 7.52.030 distribution of proceeds of sale 7.52.220 lien creditors 7.52.170 proceedings on not to delay sale 7.52.240 security of creditor 7.52.230 Probate, final report and petition for distribution, order of partition 11.76.050 Proof of title 7.52.070 Purchase money on sale of property security for 7.52.290 terms to be directed by court 7.52.280 Real property, registered land 65.12.400 Receipts delivery of security on sale of property 7.52.420 on purchase by interested party 7.52.390 Referees, fees as costs 7.52.480 Referees for partition of property appointment 7.52.080 new referees 7.52.100 expenses 7.52.120 fees 7.52.120 reports confirmation 7.52.100 contents 7.52.090 required 7.52.090 setting aside 7.52.100 Referees for sale of property appointment 7.52.080 continuance of suit to determine claims 7.52.260 distribution of proceeds of sale and securities 7.52.250 interest in purchase prohibited 7.52.360 judgment liens unsatisfied appointment of referee 7.52.170 duties 7.52.160 existence, ascertaining of 7.52.170 priority 7.52.170 order of confirmation, direction to 7.52.380 order of sale, directed to 7.52.130 payment of infant’s share to guardian 7.52.450 proceedings before 7.52.190 report confirmation 7.52.210 contents 7.52.190 exceptions to 7.52.200 security for purchase money 7.52.290 security on sale of property, duties 7.52.420 Referees on partition expenses 7.52.120 fees 7.52.120 Releases by guardian or limited guardian 7.52.470 Sales abstract of title, cost of 7.52.480 action for partition in sale authorized 7.52.010 auctions, by 7.52.270 authorized, when 7.52.130 confirmation, order of confirmation, contents 7.52.380 contingent future rights 7.52.340 continuance of suit to determine claims 7.52.260 estates contingent future estates 7.52.340 estate for years 7.52.300, 7.52.310, 7.52.320, 7.52.330 investment of proceeds from sale of property 7.52.400 setoff in property not ordered sold 7.52.140 future estates, vested or contingent 7.52.340 life estates 7.52.300, 7.52.310, 7.52.320, 7.52.330 investment of proceeds from sale of property 7.52.400 setoff in property not ordered sold 7.52.140 vested future estates 7.52.340 farms 7.52.350 [RCW Index—page 536] incompetent or disabled person’s share, guardians or limited guardians may receive proceeds 7.52.460 infant’s share, payment to guardian 7.52.450 interest in purchase by referee or guardian prohibited 7.52.360 investment of proceeds 7.52.400, 7.52.410 investments, clerk’s duties 7.52.430 judgment liens unsatisfied certificate of county clerk 7.52.160 existence, ascertaining of 7.52.160, 7.52.170 notice to judgment creditors on 7.52.180 priority 7.52.170 referee, appointment of 7.52.170 lien proceedings not to delay 7.52.240 lots 7.52.350 notice to judgment creditors 7.52.180 order of sale authorized, when 7.52.080, 7.52.130 directed to referees 7.52.130 proceedings before referee 7.52.190 exceptions to 7.52.200 proceeds, distribution of 7.52.220, 7.52.250 purchase by interested party 7.52.390 referees, appointment 7.52.080 report of referee contents 7.52.190 exceptions to 7.52.200 report of sale contents 7.52.370 exceptions to 7.52.380 filing 7.52.370 securities, distribution by referees 7.52.250 security, name of parties, taken in, when 7.52.420 security of creditors, priority 7.52.230 security on purchase money 7.52.290 security on sale of property, clerk’s duties 7.52.430 terms to be directed by court 7.52.280 terms to be made known 7.52.350 vested future rights 7.52.340 Security answer requisites concerning 7.52.060 creditors, of, priority of application 7.52.230 distribution by referees 7.52.250 guardian of infant on payment of proceeds of sale of infant’s share 7.52.450 investment of proceeds on sale of property, when 7.52.400 order of confirmation of sale to direct referee to take 7.52.380 report of sale to list 7.52.370 Security on sale of property clerk’s duties 7.52.430 name of clerk, taken in, when 7.52.410 name of parties, taken in, when 7.52.420 purchase money 7.52.290 Service notice, publication, by 7.52.050 notice to judgment creditors proof of service 7.52.190 judgment creditors on sale of property 7.52.180 lien creditor on sale of property 7.52.200 publication, by notice 7.52.050 Sureties, bond of guardian or limited guardian for incompetent or disabled person 7.52.460 Surveyors employment by referee for partition of property 7.52.090 expenses 7.52.120 Tenancy life tenants investment of proceeds from sale of property for 7.52.400 sale of estate 7.52.310, 7.52.320, 7.52.330 tenant for years investment of proceeds from sale of property, for 7.52.400 sale of estate 7.52.310, 7.52.320, 7.52.330 Title, proof necessary 7.52.070 Unequal partition, compensation for 7.52.440 Unknown persons compensation for unequal partition prohibited 7.52.440 complaint requirements 7.52.020 investment of proceeds from sale of property, for 7.52.400 life tenants, sale of estate of 7.52.330 notice directed to 7.52.040 service by publication 7.52.050 tenant for life, sale of estate of 7.52.330 terms of sale to be directed by court 7.52.280 Vested future rights, sale of 7.52.340 Veterans, purchase of real property in partition proceedings by guardian 73.36.150 PARTNERSHIPS Actions by or against 25.05.130, 25.05.170 Agent of partnership 25.05.100 Authority statement of denial, filing 25.05.115 statement of partnership authority, filing 25.05.110 Combination to affect price, production or transportation, prohibited Const. Art. 12 § 22 Consumer finance, See CONSUMER FINANCE Conversions definitions 25.05.350 effect 25.05.365 limited partnership to partnership 25.05.360 partnership to limited partnership 25.05.355 Definitions 25.05.005 Dissolution events causing 25.05.300 liability of partners to other partners 25.05.325 partner’s power to bind partnership after 25.05.315 settlement of accounts and contributions 25.05.330 statement of 25.05.320 winding up partnership’s business 25.05.305, 25.05.310 Execution of judgment against, personal property 6.17.180 Formation 25.05.055 Fraudulent transfers Ch. 19.40 Insurance, group life policies 48.24.020, 48.24.030 Judgment against partner execution 6.17.180 Judgment debtor owning interest, procedure 6.32.085 Jurors, challenge of, partnership relationship ground for implied bias challenge 4.44.180 Knowledge and notice 25.05.010 Law governing relations and liability 25.05.030, 25.05.035 Liability of partnership 25.05.120, 25.05.125 Limited liability companies Ch. 25.15 Limited liability partnerships, See LIMITED LIABILITY PARTNERSHIPS Limited partnerships admission of 25.10.170 application to existing partnerships 25.10.670 assignee’s right to become a limited partner 25.10.420 assignment 25.10.400, 25.10.420 business operation authority 25.10.060 certificate amendment to 25.10.090 cancellation of 25.10.100 contents, requirements 25.10.080 delivery of certificate to limited partners 25.10.160 execution 25.10.120 false statements, liability for 25.10.140 filing in secretary of state’s office 25.10.130 notice, extent of 25.10.150 restatement 25.10.090 construction and application of the law 25.10.620 contributions (2008 Ed.) PAWNBROKERS AND SECOND-HAND DEALERS form of 25.10.270 liability for 25.10.280 creditors’ rights 25.10.410 definitions 25.10.010 derivative actions complaint, contents 25.10.580 expenses, award of 25.10.590 limited partners’ rights 25.10.560 proper plaintiff 25.10.570 dissolution administrative commencement of proceeding 25.10.453 notice of determination 25.10.455 reinstatement application 25.10.457 distribution of assets 25.10.470 judicial 25.10.450 nonjudicial 25.10.440 distribution allocation of 25.10.300 liability for amount of 25.10.370 limitations on 25.10.370 prior to withdrawal or dissolution 25.10.310 right to 25.10.360 distributions form of 25.10.350 winding up, dissolution 25.10.470 withdrawal 25.10.340 documents execution 25.10.110 effective date, extended effective date 25.10.650 erroneously believing status is limited partner 25.10.200 estate of deceased or incompetent partner, power of 25.10.430 existing prior to June 6, 1945 Ch. 25.12 filing fees, miscellaneous charges establishment of 25.10.600 foreign limited partnerships law governing 25.10.480 merger with domestic limited partnerships or domestic corporations compliance 25.10.840 surviving entity 25.10.840 name requirements 25.10.510 registration cancellation 25.10.530 correction of false or inaccurate statements 25.10.520 issuance of 25.10.500 nonregistration, effect of 25.10.540 procedure 25.10.490 restraining actions against violators 25.10.550 revocation of registration commencement of proceeding 25.10.553 notice of determination 25.10.555 general partners admission of additional partners 25.10.220 contributions, profits and losses 25.10.250 powers and liabilities 25.10.240 voting rights 25.10.260 withdrawal 25.10.320 withdrawal, effective events 25.10.230 information and inspection rights 25.10.210 liability 25.10.190 limited partners withdrawal 25.10.330 merger articles of merger, filing 25.10.820 dissenters’ estimate of fair value, notice 25.10.945 dissenters’ rights definitions 25.10.900 notice of plan 25.10.910 payment of fair value 25.10.905 compliance 25.10.935 requirements 25.10.920 unsettled demand for payment, costs 25.10.955 unsettled demand for payment, proceeding 25.10.950 (2008 Ed.) voting restriction 25.10.915 effective, when 25.10.940 partnership interests, transfer restrictions 25.10.930 payment demand entitlement 25.10.925 plan, approval 25.10.810 plan, effective date 25.10.800 transfer restrictions 25.10.940 name requirements 25.10.020 reservation of 25.10.030 nature of business 25.10.060 office location 25.10.040 partners’ rights to do business with the partnership 25.10.070 partnership act, revised uniform Ch. 25.05 partnership interest assignability 25.10.400 nature of 25.10.390 profits and losses allocation, basis 25.10.290 records inspection of 25.10.050 mandatory maintenance 25.10.050 registered agent 25.10.040 reporting requirements 25.10.010 rules for cases not covered by this law 25.10.660 section captions not law 25.10.690 service of process 25.10.040 severability 25.10.680 severability of the act 25.10.640 title of the act 25.10.630 transfer of duties and records from counties to secretary of state 25.10.610 voting rights of limited partners 25.10.180 winding up authority for 25.10.460 withdrawal distribution 25.10.340 general partners 25.10.320 limited partners 25.10.330 Mergers articles of merger, filing 25.05.380 dissenters’ rights 25.05.420, 25.05.425, 25.05.430, 25.05.435, 25.05.440, 25.05.445, 25.05.450, 25.05.455, 25.05.460, 25.05.465, 25.05.470, 25.05.475 effect 25.05.385 foreign and domestic partnerships, when allowed 25.05.390 plan, approval 25.05.375 plan, contents 25.05.370 Nature of partnership 25.05.050 Nonresidents, service of summons on, personal service 4.28.080 Partners dissociation, cause and effect 25.05.225, 25.05.230, 25.05.235, 25.05.250, 25.05.255, 25.05.260, 25.05.270 dissociation, statement of 25.05.265 distributions in kind 25.05.155 liability 25.05.125 liability of dissociated partner 25.05.255, 25.05.260 liability of purported partner 25.05.135 records and books, right of access 25.05.160 rights and duties, generally 25.05.150 standards of conduct 25.05.165 transferable interest in partnership 25.05.205, 25.05.210, 25.05.215 Partnership agreement, effect 25.05.015 Probate of partnership interests of decedent, See PROBATE, subtitle Partnership interests of decedent Property ownership 25.05.060, 25.05.065, 25.05.200 personal property, levy and sale on execution 6.17.180 transfer 25.05.105 Recordkeeping requirements, authority of secretary of state 25.05.903 Statements, execution and filing 25.05.025 Trade names, registration required 19.80.010 Transportation companies, permits, transfer of on dissolution of partnership 81.80.270, 81.80.272 Trustees, powers as to business interests 11.98.070 PARTY IN INTEREST Veteran guardianship proceedings, administrator of veterans’ affairs party in interest to 73.36.020 PARTY WALLS First class cities, regulation of 35.22.280 PASSENGER CHARTER CARRIERS (See TRANSPORTATION COMPANIES, subtitle Passenger charter carriers) PASSENGERS (See also COMMON CARRIERS) Ejecting of, use of force, when lawful 9A.16.020 Railroads, See RAILROADS, subtitle Passengers PASSES Grant of to public officers prohibited Const. Art. 12 § 20 Use of by public officers prohibited Const. Art. 2 § 39 PASTRY (See BAKERIES AND BAKERY PRODUCTS) PATENTS Ejectment and quieting title actions 7.28.280 Incorporated towns on United States land 58.28.150 Land office receipts, recording of 65.08.050 Quo warranto proceedings, annulment or vacation of patent 7.56.140, 7.56.150 Recording 65.04.030 PATERNITY (See CHILDREN; UNIFORM PARENTAGE ACT) PATERNITY ESTABLISHMENT SERVICES Augmentation of services by hiring additional staff 74.20A.035 PATHS (See TRAILS) PATIENTS County hospitals ability to pay 36.62.100 PAUPERS (See INDIGENTS) PAWNBROKERS AND SECOND-HAND DEALERS Definitions 19.60.010 Exemptions 19.60.085 Pawnbrokers defined 19.60.010 inspection of property bought or received in pledge 19.60.050 interest rate and fees 19.60.060 pledged property sale before end of term of loan and grace period prohibited, conditions 19.60.061 redemption by owner 19.60.050 retention of property bought or received in pledge 19.60.050 transactions to be evidenced in writing 19.60.061 Place of business, fixed place required 19.60.014 Political subdivisions, regulatory authority 19.60.075 Precious metals, defined 19.60.010 Prohibited acts 19.60.066 Recordkeeping requirements 19.60.020 Recovery action by owner of goods attorney fees and costs 19.60.062 Report to chief law enforcement officer of transactions or stolen goods 19.60.040 Resale agreement to avoid interest and fee restrictions prohibited 19.60.068 [RCW Index—page 537] PAY TOILETS Second-hand dealers defined 19.60.010 retention of property bought or received in pledge inspection by law enforcement officers allowed 19.60.055 redemption by owner 19.60.055 Stolen property duty to report to law enforcement agency 19.60.040 duty upon notification that property is stolen 19.60.045 hold orders, placement, termination, and extension 19.60.045 Title or ownership, action to determine attorney fees and costs 19.60.062 PAY TOILETS Requirements 70.54.160 Violations, penalty 70.54.160 PAYMENT Fines, payment in installments permitted 9.92.070 PAYMENT AGREEMENTS State and local government authority to enter into authority cumulative 39.96.080 authorization and conditions for entry into agreement 39.96.030 calculations regarding payment of obligations 39.96.060 credit enhancement or similar agreements, authority to make in connection with payment agreement 39.96.050 definitions 39.96.020 findings 39.96.010 payment sources 39.96.050 status of payments 39.96.060 terms and conditions of agreements 39.96.040 PAYROLL DEDUCTIONS (See SALARIES AND WAGES, subtitle Payroll deductions) PAYROLLS (See SALARIES AND WAGES) PEACE OFFICERS (See also LAW ENFORCEMENT OFFICERS) Certification complaints against 43.101.145 denial 43.101.115 hearings 43.101.380 immunity of commission 43.101.390 lapsed 43.101.125 records, confidentiality 43.101.400 requirements 43.101.095 revocation 43.101.105 statement of charges 43.101.155 termination 43.101.135 Correctional employees powers and duties of peace officers 9.94.050 removal of unauthorized persons 72.09.650 Defined for Criminal Code 9A.04.110 highway law 47.04.010 for highway purposes 47.04.010 Habeas corpus orders of commitment bail 7.36.150 discharge from 7.36.150 recommitment 7.36.150 Motor vehicle violators, procedure for apprehension and arrest by Ch. 46.64 State patrol, powers of 43.43.030 Utilities and transportation commission employees, when 80.04.470, 81.04.460 Warrants, extradition authority to command assistance 10.88.280 duties 10.88.270 PEDDLERS Cities and towns, second class cities, licensing 35.23.440 Drugs, registration requirements 18.64.047 Licenses [RCW Index—page 538] counties 36.71.010, 36.71.020, 36.71.030, 36.71.040, 36.71.050, 36.71.060 second class cities 35.23.440 Licenses, See also COUNTIES, subtitle Licenses Veterans exempted from having license 73.04.050 PEDESTRIAN Defined 46.04.400 Disabled persons use of curb ramps to enter and cross roadway 46.61.240 wheelchair access to sidewalk, use of roadway to reach 46.61.250 Under the influence of alcohol or drugs 46.61.266 Reduction of speed required due to pedestrian traffic 46.61.400 Rules of the road control signals 46.61.060 crossing at other than crosswalks, duties and liabilities 46.61.240 drivers to use care as to pedestrian 46.61.245 hitchhiking 46.61.255 passing beyond bridge or grade crossing barrier 46.61.269 paths, county road fund, expenditures for, construction of, standards 36.75.240 right of way in crosswalks 46.61.235 right of way on sidewalk 46.61.261 safety zones, driving through 46.61.260 sidewalks, pedestrians to use 46.61.250 subject to traffic regulations 46.61.126, 46.61.230 walking along roadway, facing traffic 46.61.250 yield right of way to emergency vehicles 46.61.264 Safety program for bicyclists and pedestrians 43.59.150 Toll facilities traffic infractions 46.61.690 Trails or paths authorized, expenditure of available funds 47.30.030 public highways, paths as 47.30.070 Walkways statewide transportation planning Ch. 47.06 PEDESTRIAN MALLS Cities and towns, See CITIES AND TOWNS, subtitle Pedestrian malls PEER REVIEW (See HEALTH CARE, subtitle Peer review) PEN REGISTERS Law enforcement, conditions for use by 9.73.260 PENALTIES (See also FINES; FORFEITURES) Agencies, children, expectant mothers, developmental disabilities, licensing of 74.15.150 Air pollution control violations 70.94.430 Amount of recovery 4.24.160 Collusion, payment by does not bar subsequent recovery 4.24.170 Corporations fines if penalty incapable of execution or enforcement 10.01.100 nonprofit miscellaneous and mutual corporations 24.06.465 directors and officers 24.06.470 Limitation of action on 4.16.115 personal disability of plaintiff does not toll statute 4.16.190 Malicious destruction of property or injury to person during state of emergency, penalty 43.06.230 Monopolies, violation of provisions against Const. Art. 12 § 22 Moral nuisances injunction, judgment, imposition of penalty 7.48.078 Nonprofit corporations corporate acts 24.03.420 directors and officers of 24.03.425 Physicians and surgeons, failure to report diseases 70.05.110 Public officers and employees misappropriation of public funds, limitation of actions for 4.16.080 Remission by special legislation prohibited Const. Art. 2 § 28 Shoplifting additional liability 4.24.230 Snowmobile dealers monetary civil penalties 46.10.075 deposit and distribution of 46.10.080 State of emergency general unlawful conduct during, penalty 43.06.240 malicious destruction of property or injury to person 43.06.230 public official, failing to heed order of during, penalty 43.06.250 Statutory, limitation of actions penalties to the state 4.16.100 venue for recovery 4.12.020 PEND OREILLE COUNTY Boundaries, tracing of 36.04.260 Superior court judges, number of 2.08.065 PENITENTIARY (See CORRECTIONAL FACILITIES) PENSION POLICY, JOINT COMMITTEE ON (See RETIREMENT AND PENSIONS, subtitle Joint committee on pension policy) PENSIONS (See RETIREMENT AND PENSIONS) PEPPER SPRAY (See PERSONAL PROTECTION SPRAY DEVICES) PER DIEM (See EXPENSES AND PER DIEM) PEREMPTORY CHALLENGES Defined 4.44.140 How taken 4.44.210 Kind of challenge 4.44.130 Number allowed 4.44.130 Order of taking challenges 4.44.220 Referees not subject to 4.48.050 PERFORMANCE AUDITS (See LEGISLATIVE AUDIT AND REVIEW COMMITTEE; STATE AUDITOR; TRANSPORTATION PERFORMANCE AUDIT BOARD) PERFORMANCE EVALUATIONS (See CIVIL SERVICE, subtitle State, performance evaluation; HIGHER EDUCATION PERSONNEL BOARD, subtitle Employees, performance evaluation) PERFORMING AND FINE ART PROGRAMS Federal grants and programs transfer to public corporations by local governments limitation on liability 35.21.730 PERFORMING ARTS FACILITIES, OLYMPIA, TACOMA Bond issue authorization 43.31.956 legal investment, declaration as 43.31.964 proceeds administration of 43.31.960 retirement of, requirements 43.31.962 PERIODICALS (See also MAGAZINES; NEWSPAPERS) Mailed or sent without order are gift 19.56.010 Purchase of periodicals by public agencies, methods for payment of 42.24.035 (2008 Ed.) PERSONAL PROPERTY PERJURY Bank or trust company examination, false swearing is perjury 30.04.060 Claims for furnishing materials or services, certifying falsely 42.24.100 Commitment of witness for, detention of books or instruments 9.72.090 Criminal investigations grand jury 10.27.130 special inquiry judge 10.27.130 Evidence detention of forged or altered books or instruments as evidence against witness 9.72.090 False oath or affirmation, by 5.28.060 Immunity from prosecution does not apply to perjury committed in self-incriminating testimony 10.52.090 Indictment or information for, description in 10.37.140 Land registration 65.12.740 Militia, physician making false medical certificate for member of 38.32.090 Oath, defined 9A.72.010 Public assistance, application falsification 74.08.055 Subversive activities, statements as to, answers subject to perjury 9.81.070, 9.81.110 Unsworn certified written statements committed out of state, county of jurisdiction 10.25.065 out-of-state 9A.04.030 Unsworn written statements in official proceedings 9A.72.085 PERMANENT COMMON SCHOOL FUND (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Permanent school fund) PERMANENT STATUTE LAW COMMITTEE (See STATUTE LAW COMMITTEE) PERMITS (See also BUSINESS LICENSE CENTER; LICENSES) Alcoholic beverages, See ALCOHOLIC BEVERAGES, subtitle Permits Approach roads or other appurtenances on highway rights of way, permit to build 47.32.150, 47.32.160 Building construction new construction, county assessor’s appraisal 36.21.070, 36.21.080 Burial-transit, registrar of vital statistics 70.58.030, 70.58.230 Burning fire protection districts, See FIRE PROTECTION DISTRICTS, subtitle Burning permits Burning permits, See BURNING PERMITS Counties log tolerance permit 46.44.047 toll facilities, leases of licenses for use by 47.56.253 Cremation, registrar of vital statistics 70.58.230 Elevators, lifting devices, and moving walks, installation permits required 70.87.080 Energy facility site location, requirements 80.50.150 Environmental permits, procedures Ch. 36.70B Family farm water act water withdrawal permits Ch. 90.66 Fish and fishing, See FISH AND FISHING, subtitle Permits Food and beverage workers’ permits Ch. 69.06 Highway advertising control, permits to erect or maintain signs Ch. 47.42 Highway approach roads, permit to build 47.32.150, 47.32.160 Highway or roadside improvement and beautification, for 47.40.030, 47.40.040, 47.40.050, 47.40.060 Highways merchandising structures 47.32.110 (2008 Ed.) removal of material which have no market value in place 47.12.140 For hire vehicles, permit to operate Ch. 46.72 Insurance companies endorsement by commissioner, construction as 48.06.080 organization of insurers 48.06.030, 48.06.040, 48.06.050, 48.06.060, 48.06.070 bond and deposit for solicitation permit 48.06.110 Land use permits, procedures Ch. 36.70B Merchandising (receiving, delivering and vending) structures on highway right of way, permit for maintaining 47.32.110 Motor vehicle law, under for hire vehicles, permit to operate Ch. 46.72 logging trucks county log tolerance permit for 46.44.047 special permit to carry excess weight 46.44.047 one transit movements 46.16.160 out-of-state commercial vehicles 46.16.160 special permits for oversize or overweight movements 46.44.090, 46.44.091, 46.44.092, 46.44.096, 46.44.0941 temporary permit in lieu of license 46.16.045, 46.16.047 wrecked vehicles, permit to junk 46.12.230 Motor vehicles parade floats 46.16.048 Permits for short distance facilities on highway rights of way 47.44.050, 47.44.060 Pistols, requiring permit to purchase prohibited 9.41.110 Toll facilities credit permits for vehicular passage on 47.56.247, 47.56.248 disposition of moneys received 47.56.257 leases and licenses to governmental entities to use facilities authorized 47.56.253 Vehicle licensing out-of-state commercial vehicles 46.16.160 temporary permit in lieu of 46.16.045, 46.16.047 fee 46.16.045 issuance by dealers 46.16.045 Wrecked vehicles, permit to junk 46.12.230 PERPETUAL CARE (See CEMETERIES, subtitle Endowment care) PERPETUATING TESTIMONY (See DEPOSITIONS) PERSON Defined 1.16.080, 7.24.130 Criminal Code 9A.04.110 highway law 47.04.010 motor vehicle law 46.04.405 PERSONAL INFORMATION—NOTICE OF SECURITY BREACHES Definitions 19.255.010 Disclosure, notice 19.255.010 Rights, remedies 19.255.010 PERSONAL INJURIES Actions for complaint not to include statement of damages, request for statement 4.28.360 injury or death of child 4.24.010 malicious injury caused by minor child, action against parent, limitation 4.24.190 medical malpractice 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 survival of on death of injured person 4.20.060 tort feasor’s death does not abate action 4.20.046 Actions limited to three years 4.16.080 Children, action for injury or death to 4.24.010 Comparative negligence 4.22.005 Contributory negligence effect of 4.22.005 Damages future economic damages 4.56.260 Defense, engaged in a felony 4.24.420 Driving under the influence contributory fault, defense 5.40.060 Economic damages defined 4.56.250 Felony, defense 4.24.420 Health care medical malpractice 7.70.010, 7.70.020, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Joint and several liability contribution enforcement of 4.22.050 right of 4.22.040 Liability, multiple persons at fault, joint and several liability 4.22.030 Malicious injury to person caused by minor child, action against parent, limitation 4.24.190 during state of emergency, penalty 43.06.230 Negligence of one spouse, domestic partner, minor child, not imputed to other 4.22.020 Noneconomic damages defined 4.56.250 Settlement agreements, effect of 4.22.060 State of emergency, malicious injury to person during, penalty 43.06.230 Survival of actions 4.20.060 death of tort feasor either simultaneous or after death of or injury to claimant’s person or property 4.20.046 pain and suffering of deceased person, personal representative may recover on behalf of the decedent’s beneficiaries 4.20.046 PERSONAL PROPERTY (See also PARTITION) Actions for injury to, child maliciously injuring, action against parent, limitation 4.24.190 recovery of judgment in 4.56.080 limitation of actions 4.16.080 trial of issues of fact, by whom tried 4.40.060 variance in pleading, effect of 4.36.210 recovery of, See also REPLEVIN Actions on interpleader 4.08.150, 4.08.160 deposit and disclaimer 4.08.170 replevin, See REPLEVIN Attachment, See ATTACHMENT Bank or trust company, unclaimed personal property after liquidation or winding up, disposition of 30.44.190 Chattel paper Ch. 62A.9A Cities and towns second class cities, powers to acquire, control, and dispose of 35.23.452 Commercial real estate broker lien act Ch. 60.42 Community property control and powers 26.16.030 disposal by will, limitation on spouse 26.16.030 Consumer leases, See CONSUMER LEASES Contract rights Ch. 62A.9A Controlled substances seizure and forfeiture for violations 69.50.505 Conversion to money, attachment ground, when 6.25.030 County leases procedure 36.32.253 County property, sales, terms 36.34.060 Criminal prosecution, proof of ownership 10.58.060 Detention of limitation of actions for 4.16.080 venue of actions concerning 4.12.010 Escheats banks, personal property unclaimed after liquidation and winding up 30.44.220 [RCW Index—page 539] PERSONAL PROPERTY MORTGAGES proceeds to be used before real property for payment of debts, liens, expenses 11.08.210 sale of escheated property 11.08.210 trust company, personal property unclaimed after liquidation and winding up 30.44.220 Estate and transfer tax Ch. 83.100 Estate tax apportionment, uniform act Ch. 83.110A Execution levied on, returned unsold, docket entry 4.64.080 Execution of judgment against form and contents of writs 6.17.110 property liable to 6.17.090 Exemption from execution bankruptcy proceedings 6.15.050 mortgaging of 6.15.050 Exemptions from execution, See also EXEMPTIONS FROM EXECUTION Felonies, seizure and forfeiture of property involved in a felony legislative finding 7.68.300 measures to defeat purposes of act are invalid 7.68.340 procedure 7.68.320 proceeds, distribution of 7.68.330 property subject to 7.68.310 provisions of act are supplemental and do not limit other rights and remedies 7.68.340 Force, use of, when lawful 9A.16.020 Foreclosure of statutory liens summary foreclosure procedure Ch. 60.10 Forfeiture, recovery after, venue of action for 4.24.180 Fraudulent conveyance or encumbrance of by corporation, penalty 9.24.020 Garnishment decree to deliver to sheriff 6.27.270 defense of garnishee, conformity to judgment 6.27.300 execution sale 6.27.270 failure to deliver to sheriff, effect 6.27.280 perishable property 6.27.270 return to defendant, when 6.27.250 statement concerning in application for writ 6.27.060 uncontroverted answer denying control of to discharge garnishee 6.27.240 writ requirements as to answer concerning 6.27.070 Inheritance tax Ch. 83.100 Injury to Ch. 9A.48 action for negligently permitting fire to spread to 4.24.040 child maliciously injuring, action against parent, limitation 4.24.190 limitation of action for 4.16.080 venue of actions concerning 4.12.010 Insurance, See INSURANCE, subtitle Property insurance Joint ownership, levy and sale on execution 6.17.180 Joint tenancies, generally Ch. 64.28 Judgment liens on commencement of 4.56.190 expiration of 4.56.210 Judicial sales 6.21.050 acknowledgment of payment 6.21.070 bill of sale 6.21.070 delivery 6.21.070 payment, acknowledgment of 6.21.070 Jurisdiction ownership or use of property in state submits person to state jurisdiction 4.28.185 Leases, warranty, disclaimer of, merchantability or fitness 63.18.010 Legislature, power of to exempt from taxation Const. Art. 7 § 1 Liens foreclosure of statutory liens summary foreclosure Ch. 60.10 judicial foreclosure 60.10.023 [RCW Index—page 540] Malicious destruction of during state of emergency, penalty 43.06.230 Manufactured homes classification as 65.20.010, 65.20.030 definitions 65.20.020 security interests in perfections 65.20.030 Manufactured homes, See also MANUFACTURED HOUSING Militia adjutant general’s powers as to 38.12.020 buying or receiving military property, penalty 38.32.100 disposal of 38.12.020 loan of 38.12.020 rental of 38.20.040 surplus 38.12.020 Moral nuisances declaration of 7.48.054 Name, voice, signature, photograph, or likeness, use is property right Ch. 63.60 Ne exeat, taking property from state to defraud plaintiff 7.44.010 Nuisances moral nuisances abatement by owner, release of 7.48.068 forfeiture, contraband 7.48.090 injunction, judgment, release to innocent owners 7.48.078 Partnerships, of, levy and sale on execution 6.17.180 Personality rights Ch. 63.60 Possessing stolen property second degree 9A.56.160 third degree 9A.56.170 Possession of, venue of actions concerning 4.12.010 Probate exchanges of permitted 11.56.005 net estate, defined 11.02.005 possession and management of during probate 11.48.020 sales of personal property, See PROBATE, subtitle Sales of estate property Proof of ownership in criminal prosecution 10.58.060 Protection of, use of force, when lawful 9A.16.020 Quieting title to 7.28.310, 7.28.320 Railroad rolling stock Const. Art. 12 § 17 Recovery of actions for recovery 4.56.080 limitation of action for 4.16.080 trial of issues of fact, by whom tried 4.40.060 variance in pleading, effect of 4.36.210 Removal from state, attachment ground, debt not due 6.25.030, 6.25.040 Removal to adjoining county, attachment, execution on 6.25.150 Replevin, See REPLEVIN Robbery defined 9A.56.190 Secured transactions Ch. 62A.9A Seizure and forfeiture of personal property involved in a felony application of chapter 10.105.900 disposition of forfeited property and proceeds from sale of forfeited property 10.105.010 procedure 10.105.010 property subject to seizure and forfeiture 10.105.010 Separate property of either spouse, personal exemption, as 6.15.040 Service of process by publication, when 4.28.100 Sheriff’s sale, fee 36.18.040 State of emergency, malicious destruction of personal property during, penalty 43.06.230 Supplemental proceedings adjudication of title 6.32.270 injunction against transfer 6.32.120 joint debtors, of 6.32.210 jury trial, when 6.32.270 order requiring delivery of 6.32.080, 6.32.090, 6.32.100, 6.32.110 Taking of, limitation of action for 4.16.080 Taxation, exemption from, power of legislature as to Const. Art. 7 § 1 Theft of 9A.56.050 value limits 9A.56.040 Title to, venue of actions concerning 4.12.010 Unclaimed property, uniform act Ch. 63.29 Unused property merchants Ch. 19.210 Venue of actions concerning 4.12.010 Wills separate writing may direct disposition 11.12.260 PERSONAL PROPERTY MORTGAGES (See CHATTEL MORTGAGES; MORTGAGES) PERSONAL PROPERTY TAXES (See TAXES - PROPERTY) PERSONAL PROTECTION SPRAY DEVICES Crimes relating to possession 9.91.160 Definition 9.91.160 PERSONAL RECOGNIZANCE (See RECOGNIZANCE) PERSONAL REPRESENTATIVES (See also EXECUTORS AND ADMINISTRATORS; GUARDIAN AND WARD; PROBATE) Accounting chargeable with whole estate 11.48.030 final report and petition for distribution continuance of hearing if incorrect 11.76.060 liability of personal representative, judgment against 11.76.060 objections to 11.76.060 loss or destruction, not liable for if not in default 11.48.030 receipts or canceled checks for expenses by personal representative, necessity of 11.76.100 revocation of letters, upon 11.28.290 Actions and proceedings authority to maintain 11.48.020 against personal representatives claims not acted on, suit against personal representatives on bond, also creditors and distributees 11.76.170 Actions and suits bond of former personal representatives, action on 11.48.120 claim not acted on, suit against personal representatives on bond, also creditors and distributees 11.76.170 contracts, by or against personal representatives, authority to maintain 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 against personal representative fiduciary duties, breach of, statute of limitations 4.16.370 against personal representatives arrest and attachment 11.48.200 claims and debts against estate, personal liability, when 11.76.160 contracts 11.48.090 default judgment as evidence of assets 11.48.160 delinquencies, for 11.28.300 execution, several personal representatives considered one 11.48.150 judgments, several considered as one 11.48.150 by personal representatives bond of former personal representatives 11.48.120 contracts 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 embezzlement 11.48.060 (2008 Ed.) PERSONAL SERVICE CONTRACTS recovery of property 11.48.090 recovery of property 11.48.090 Additional compensation, how fixed 11.48.210 Appointment notice of mailed or personally served to heirs and distributees 11.28.237 Attachments, actions against, attachment allowed 11.48.200 Banks attorneys of, probate fees disallowed to or to bank 11.36.010 disqualified to act as personal representative when will drawn by 11.36.010 Bonds former personal representatives, action on bond 11.48.120 nonresidents 11.36.010 probate, when not required 11.28.185 Borrowing on general credit of estate authority for 11.56.280 procedure 11.56.280 Business property, continuation of during probate 11.48.025 Claims, purchase of claims by 11.48.080 Claims and debts against estate, monument expenses, may be paid without order of court 11.76.130 Compensation additional compensation 11.48.210 expenses of management allowed to 11.48.050 how fixed 11.48.210 reduction of or denial of by court, for failure to perform duties 11.48.210 Compromise of claims, authority of personal representatives 11.48.130 Concealment of estate property, recovery procedure 11.48.070 Continuation of decedent’s business 11.48.025 Contracts performance of decedent’s contracts 11.60.010 suits by or against personal representative on contracts, authority to maintain 11.48.090 Conveyances fraudulent by decedent to defraud creditors, recovery action 11.48.140 performance of decedent’s contracts, including contracts for conveyance of real property 11.60.010 recovery of property conveyed, procedure 11.48.070 Convictions, persons convicted of crime involving moral turpitude disqualified to serve as personal representative 11.36.010 Corporations disqualified to act as, in probate 11.36.010 Corporations whose shareholders are exclusively attorneys may act as 11.36.010 Cost of administering the estate, priority 11.76.110 Crime, conviction of crime involving moral turpitude disqualifies 11.36.010 Damages agreement to answer for from own estate must be in writing 11.48.040 not liable for without fault 11.48.030 Debts agreements to answer damages from own estate must be in writing 11.48.040 promise to pay debts of estate must be in writing to bind personal representative 11.48.040 uncollected, liability for 11.48.080 Definition 11.02.005 Descent and distribution, See DESCENT AND DISTRIBUTION Destroyed will, restraint pending application to prove 11.20.080 Discharge of closing estate, discharge upon 11.76.050 petition for in final report 11.76.030 (2008 Ed.) Discovery, concealed or embezzled property 11.48.070 Disqualification, effect 11.36.010 Embezzlement action for 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 Escheats limitation on actions 11.08.280 property of institution inmates, transfer to 11.08.111 Estate and transfer tax, duties Ch. 83.100 Executor de son tort 11.48.180 Expenses of management allowed to 11.48.050 Fiduciary duties, breach of statute of limitations 4.16.370 Final report and petition for distribution accounting continuance of hearing if incorrect 11.76.060 liability of personal representative, judgment against 11.76.060 objections to 11.76.060 closing of estate 11.76.050 contents 11.76.030 filing of 11.76.030 hearing continuance when account incorrect 11.76.060 notice of, publication 11.76.040 time and place 11.76.040 notice mailed to heirs and distributees 11.76.040 Fraudulent conveyances by decedent, recovery action 11.48.140 Health care professionals immunity from prosecution performance of duty on review committee 4.24.240 Health care providers malpractice 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Insane persons disqualified to act as 11.36.010 Inventory and appraisement duties 11.44.015 Letters of administration oath of administrator 11.28.170 persons disqualified 11.36.010 Letters of administration with will annexed oath of administrator 11.28.170 persons disqualified 11.36.010 Letters testamentary action against for delinquencies 11.28.300 minor, disqualified 11.36.010 oath 11.28.170 persons disqualified 11.36.010 Liabilities continuation of decedent’s business, authority to incur 11.48.025 damages of estate, promise to pay, by personal representatives must be in writing 11.48.040 debts promise to pay by executor or administrator must be in writing 11.48.040 uncollected, liability for 11.48.080 embezzlement 11.48.060 executor de son tort 11.48.180 Lost will, restraint pending application to prove 11.20.080 Management of property, right to 11.48.020 Mentally ill, disqualified to act as in probate of will 11.36.010 Minors, disqualified to act as in probate 11.36.010 Nonresident appointment of agent for service of process 11.36.010 attorney at law as agent for service of process 11.36.010 may serve as, bond, service of papers, appointment of 11.36.010 Notice regarding final report and petition for distribution mailed to heirs and distributees 11.76.040 Oath 11.28.170 Pendency of probate, notice of, mailed or personally served to heirs and distributees 11.28.237 Petition, exchange real or personal property of estate 11.56.005 Possession of property, right to 11.48.020 Powers and duties 11.48.010 Probate bonds, when not required 11.28.185 estates under sixty thousand dollars disposition of 11.62.010 Promises to pay debts of estate must be in writing to bind 11.48.040 Property of estate business property, continuation of business 11.48.025 management of 11.48.020 possession of 11.48.020 Purchase of claims by 11.48.080 Qualifications for letters and disqualifications convicts 11.36.010 corporations 11.36.010 infants and incompetents 11.36.010 nonresidents 11.36.010 Rents and profits, receipt by 11.48.020 Reports of, annual interim report 11.76.010 Revocation of letters conviction of crime involving moral turpitude 11.36.010 mentally ill 11.36.010 Special representative 11.02.005 Statute of limitations fiduciary duties, breach of 4.16.370 Successor, appointment 11.28.280 Trust companies attorneys of, probate fees disallowed to or to bank or trust company 11.36.010 disqualified to act as personal representative in probate when will drawn by 11.36.010 Wills contest, notice to 11.24.020 lost or destroyed will, restraint of personal representative of previous will 11.20.080 PERSONAL SERVICE (See SERVICE OF PROCESS AND PAPERS) PERSONAL SERVICE CONTRACTS (See also CONTRACTS) Audits and investigative findings report by state auditor and attorney general 39.29.130 Competitive solicitation required, exceptions 39.29.011 Data generated under contracts, access 39.29.080 Emergency contracts 39.29.016 Higher education institutions 39.29.090 Legislative review, executive supervision compliance, expenditure of funds prohibited, penalty 39.29.020 effective date 39.29.020 exemption of certain contracts 39.29.040 Management guidelines and guidebook 39.29.100, 39.29.110 training, audits 39.29.120 Procedures to be established by office of financial management 39.29.065 Reports 39.29.075 Sole source contracts state agency contracts 39.29.018 State agency contracts amendments to contracts, submission and approval 39.29.025 definitions 39.29.006 documentation required before services may be contracted for 39.29.008 filing of contracts 39.29.055 intent 39.29.003 [RCW Index—page 541] PERSONAL WATERCRAFT list of contracts, office of financial management to maintain 39.29.068 public inspection of contracts 39.29.055 review and approval by office of financial management 39.29.055 sole source contracts 39.29.018 Tax exemptions 84.36.070 PERSONAL WATERCRAFT (See WATER SKIING, subtitle Personal watercraft) PERSONALITY RIGHTS Community property rights 63.60.080 Definitions 63.60.020 Exemptions from use restrictions 63.60.070 Infringement of right injunctions to prevent unauthorized used, liability for damages and profits 63.60.060 when deemed 63.60.050 Rights exclusive for individuals and personalities 63.60.040 Transfer, assignment, license 63.60.030 Use of name, voice, signature, photograph, or likeness is property right 63.60.010 PERSONATION (See FALSE PERSONATION) PERSONNEL, DEPARTMENT OF (See also CIVIL SERVICE) Central personnel-payroll system Ch. 41.07 Charges to agencies for services rendered, payment into department of personnel service fund 41.06.280 Child care for state employees’ children policies and procedures responsibilities of director 41.04.385 Children background checks, employees working with 41.06.475 Director appointment 41.06.130 classification system 41.06.139 delegation of authority 41.06.130 powers and duties 41.06.130, 41.06.133 Disability accommodation revolving fund 41.04.395 Employee misconduct records destruction and retention 41.06.450 Establishment 41.06.030 Flexible-time work schedules 41.04.390 Funds and accounts department of personnel service fund 41.06.280 Managers rules for managers authorized, goals for establishing 41.06.500 Personnel resource and management policy implementation 41.06.530 Retirement planning and consequences of early retirement department to prepare information for retirement system members eligible for early retirement 41.04.460 Return-to-work program program requirements 41.06.490 Training and career development plans agency plan, costs and budget 41.06.410 Training and career development programs powers and duties of director 41.06.400 PERSONNEL APPEALS BOARD (See also CIVIL SERVICE) PERSONNEL BOARD (See STATE PERSONNEL BOARD) PERSONNEL FILES Inspection by employee authorized 49.12.240 erroneous or disputed information 49.12.250 limitations 49.12.260 PERSONNEL RESOURCES BOARD (See also CIVIL SERVICE) Appeals board abolished 41.06.111 Appointment of members 41.06.110 [RCW Index—page 542] Background investigation rules 41.06.476, 41.06.480 Chairman and officers 41.06.110 Collective bargaining unfair labor practices provisions, application to civil service employees 41.06.340 Created 41.06.110 Department of personnel charges for services rendered by department, payment to department of personnel service fund 41.06.280 department of personnel service fund 41.06.280 established 41.06.030 Federal funds, authority to receive 41.06.350 Funds and accounts higher education personnel service fund 41.06.285 Hearings officer, appointment authority 41.06.110 Personnel administration 41.06.150 Powers and duties 41.06.150 Quorum 41.06.110 Rules, mandatory subjects 41.06.150 Rules affecting classified service, review 41.06.136 State internship program employment experience, civil service credit 43.06.425 Suspension, dismissal, demotion of employees appeal to board 41.06.170 Terms of office 41.06.110 Travel expenses and compensation 41.06.110 PEST CONTROL (See RODENTS AND PESTS) PEST DISTRICTS (See RODENTS AND PESTS) PESTICIDES Adulteration 15.58.140 Agricultural users recordkeeping requirements 17.21.100 Agricultural workers recordkeeping requirements 49.70.119 worker protection standards, coordination of regulation and enforcement 17.21.440, 49.17.280 Agriculture, department of director’s powers and duties 43.23.110 Analyses, publication of results 15.58.370 Application administrative procedure 17.21.040, 17.21.050, 17.21.060 agriculture director’s authority 17.21.030, 17.21.320 certification applications 17.21.132 recertification standards 17.21.128 renewal 17.21.128 revocation, suspension, or denial 17.21.130 damages due to use or application 17.21.190 definitions 17.21.020 enforcement 17.21.320 enforcement of chapter, funding 17.21.280 fees, fines, forfeitures, and penalties, disposition of 17.21.280 intergovernmental cooperation and agreements 17.21.300 licenses applications 17.21.132 classification 17.21.065 commercial pesticide applicators 17.21.070, 17.21.080, 17.21.091, 17.21.160, 17.21.170, 17.21.180, 17.21.200 commercial pesticide operators 17.21.110 demonstration and research licenses 17.21.129 examination 17.21.134 government research personnel exemption 17.21.203 limited private applicators 17.21.126 private pesticide applicators 17.21.126 private-commercial pesticide applicators 17.21.122 public operators 17.21.220 rancher private applicators 17.21.126 recertification standards 17.21.128 recordkeeping requirements 17.21.100 renewal 17.21.128 renewal, penalty for delinquency 17.21.140 revocation, suspension, or denial 17.21.130 pesticide-sensitive individuals 17.21.420, 17.21.430 police power of state 17.21.010 report to legislature 17.21.350 rulemaking authority of director of agriculture 17.21.030 unlawful acts 17.21.150 violations 17.21.150 violations, penalty 17.21.310, 17.21.315 violations, remedies 17.21.340 worker protection standards, coordination of regulation and enforcement 17.21.440, 49.17.280 Application apparatus license plate as identification 17.21.290 Chemically related illness centers for research and clinical assessment 51.32.360 industrial insurance criteria and procedures 51.32.350 research projects, implementation and funding 51.32.370 Cholinesterase monitoring 49.17.285, 49.17.288 Commercial pesticide applicator licenses 17.21.070, 17.21.080, 17.21.091, 17.21.160, 17.21.170, 17.21.180, 17.21.200 Commercial pesticide operator licenses 17.21.110 Damages due to use or application 17.21.190 Dealer licenses 15.58.180 Dealer manager licenses 15.58.200 Definitions 15.58.030 Demonstration and research licenses 17.21.129 Disposal of unusable pesticides, rules 15.58.045 Emergency exemptions 15.58.405 Enforcement of chapter, funding 17.21.280 Enforcement of pesticide control act 15.58.350 Experimental use permits 15.58.405 Fees, fines, forfeitures, and penalties, disposition of 17.21.280 Food and environmental quality laboratory, purpose and activities Ch. 15.92 Health, department powers and duties 70.104.030 Health hazards suspension of registration 15.58.120 Incident reporting and tracking review panel general provisions 70.104.080 industrial insurance laws, administration not affected 70.104.100 legislative intent 70.104.070 responsibilities 70.104.090 Intergovernmental cooperation and agreements 15.58.400 Investigation of human exposure to pesticides 70.104.050 Landscape applications marking of treated property 17.21.410 notice 17.21.400 posting requirements 17.21.410 Licenses civil penalties 15.58.260 civil penalties, deposit of moneys 15.58.411 classification 15.58.240 delinquency 15.58.235 denial, suspension, or revocation 15.58.260 fees, use 15.58.411 pest control consultants 15.58.210, 15.58.230 pesticide dealer 15.58.180 pesticide dealer manager 15.58.200 public pest control consultants 15.58.220, 15.58.230 recertification standards for renewal 15.58.233 (2008 Ed.) PHARMACIES AND PHARMACISTS renewal 15.58.235 structural pest inspectors examinations 15.58.207 financial responsibility 15.58.460, 15.58.465, 15.58.470 home inspectors, exemption 15.58.206 required, exemptions 15.58.205 wood destroying organism inspections company licenses 15.58.445 Licensing exemptions government research personnel 17.21.203 Limited private applicator and rancher private applicator licenses 17.21.126 medical monitoring cholinesterase 49.17.285, 49.17.288 Misbranded pesticides, devices, or spray adjuvants 15.58.130 Pesticide, defined 70.104.020 Pesticide advisory board 17.21.230, 17.21.240, 17.21.250, 17.21.260, 17.21.270 duties 15.58.380 Pesticide emergencies, authority of department of agriculture not infringed upon 70.104.040 Pesticide poisoning cases medical education program 70.104.057 physicians’ reporting duties 70.104.055 Pesticide registration, commission on, membership and duties 15.92.090, 15.92.095, 15.92.100, 15.92.105, 15.92.110 Pesticide-sensitive individuals compilation and distribution of list 17.21.420 notification 17.21.430 Private pesticide applicator licenses 17.21.126 Private-commercial pesticide applicator licenses 17.21.122 Public operator licenses 17.21.220 Rancher private applicator and limited private applicator licenses 17.21.126 Recordkeeping requirements 15.58.250, 17.21.100 Registration commission on pesticide registration, membership and duties 15.92.090, 15.92.095, 15.92.100, 15.92.105, 15.92.110 confidentiality of information 15.58.065 criteria 15.58.100 expiration 15.58.070 fee, deposit in agricultural local fund 15.58.070 governmental agencies may register without fees 15.58.090 late renewal, fee and exception 15.58.080 refusal or cancellation 15.58.110 requirements 15.58.050 statement contents 15.58.060 suspension 15.58.120 Registrations or permits civil penalties 15.58.260 denial, suspension, or revocation 15.58.260 Report to legislature 15.58.420 Revenues to be used to enforce chapter 17.21.280 Right of way applications notice 17.21.400 Rule-making authority of director of agriculture 15.58.040 Sampling and examination of pesticides and devices 15.58.280 Schools and school districts policies and methods 17.21.415 Special local needs registration 15.58.405 Stop sale, use, or removal order adjudication 15.58.170 grounds for issuance 15.58.160 Stop sale, use or removal order recovery of damages not allowed when probable cause 15.58.360 Structural pest control unique inspection control number 15.58.450 Subpoenas 15.58.270 Sustaining agriculture and natural resources, center for, purpose and activities Ch. 15.92 (2008 Ed.) Technical assistance, consultations and services to physicians and agencies authorized 70.104.060 Tree fruit research commission reregistration and assessment of plant protection products 15.26.155 Unlawful practices enumeration 15.58.150 exemptions from certain penalties 15.58.300 wood destroying organism inspections unique inspection control number 15.58.450 Violations civil action for damages not precluded 15.58.345 civil penalties 15.58.335 criminal proceedings, procedure 15.58.280 injunctions 15.58.340 penalties 15.58.330 pesticides for foreign export, exemption 15.58.310 pharmacists, certain exemptions 15.58.320 warning notice 15.58.290 Witness fees 15.58.270 PESTS (See INSECTS; RODENTS AND PESTS; WEEDS) PETIT JURY (See also JURIES AND JURORS) Authorized 2.36.020 Expense payments 2.36.150 PETIT LARCENY (See LARCENY) PETITIONS Cities and towns annexation election method submission of petition to prosecuting attorney 35.13.020 local improvements initiated by petition requirements of 35.43.120 sufficiency of 35.43.130 when mandatory 35.43.110 metropolitan municipal corporations elections 35.58.070 Corporate dissolution, court commissioners’ power to hear 2.24.040 Counties hospitals 36.62.050 poultry shows 36.37.090 County and recreation service areas, creation 36.68.420 County road improvement districts, initiation, sufficiency of petitions 36.88.370 Ditches and drains, appropriation 85.28.020 Executors and administrators, report and petition for distribution, See EXECUTORS AND ADMINISTRATORS, subtitle Final report and petition for distribution Forgery of, penalty 9.44.080 Habeas corpus allegation constitutional rights violated, effect 7.36.130 application for writ by 7.36.030 supreme court may issue writs of 2.04.010 writ of habeas corpus, for, federal questions 7.36.140 Highway railroad crossings alteration 81.53.060 hearing, order of commission 81.53.030 Homesteads application for appraisal of homestead contents 6.13.110 hearing 6.13.130 proof of service 6.13.130 verified 6.13.110 Initiative and referendum, See INITIATIVE AND REFERENDUM Injunctions, petition for vacation or modification of superior court judgment or order 4.72.070 Interstate unemployment compensation petitions from decisions to be filed with Thurston county superior court 50.32.140 Local improvement districts cities and towns 35.43.110, 35.43.120 fire protection districts Ch. 52.20 New trial, discovery of grounds after verdict, report or decision 4.76.080 Port districts annexation of territory 53.04.100 formation requirements 53.04.020 Probate absentee distributee, claim 11.76.245 absentee’s estates petition for temporary trustee 11.80.010 petition for trustee 11.80.010 contest of admission or rejection of will 11.24.010 contracts to convey real property by deceased vendor, petition for 11.60.020 family allowances absentee’s estate 11.80.050 general letters of administration or letters of administration with will annexed, petition for or waiver by, surviving spouse or domestic partner 11.28.131 letters of administration, for 11.28.120 performance of decedent’s contracts 11.60.020 settlement, final report and petition for distribution 11.76.050 Public hospital districts 70.44.020, 70.44.030, 70.44.035 Right of, not to be abridged Const. Art. 1 § 4 Support of dependent children 74.20.230 Vacate or modify superior court judgments, or orders authorized, when 4.72.030 conditions precedent 4.72.050 contents 4.72.030 liens preserved on modification 4.72.050 limitation of time 4.72.030 securities preserved on modification 4.72.050 verification of 4.72.030 Wills, contest of admission or rejection 11.24.010 PETRIFIED WOOD State gem 1.20.090 PETROLEUM AND PETROLEUM PRODUCTS (See also OIL AND GAS) County lands, leases on Ch. 78.16 Crude oil, tax imposed, oil spill program Ch. 82.23B Indian disabilities relating to alienation 64.20.030 Mislabeling of petroleum products, penalty 9.16.080 Price increases, public works contracts, adjustments permitted 39.04.140 Tax imposed, underground storage tank program Ch. 82.23A PETS (See ANIMALS) PHARMACIES AND PHARMACISTS Abortion articles or drugs for, exposing for sale, penalty 9.68.030 Adulteration of drugs, penalty 18.64.270 Authorized practices 18.64.255 Canada waiver request for licensing 18.64.490 Canadian reciprocity 18.64.360 waiver request for importation 18.64.480 Controlled substances, See DRUGS, subtitle Controlled substances Controlled substances, uniform act Ch. 69.50 Cost of prescriptive medications disclosure to health care providers 18.64.430 Covers or caps on bottles or jars, safety requirements 18.64.246 Definitions 18.64.011 Disciplinary action, grounds 18.64.160 Electronic communication of prescriptions authorized, conditions 69.50.312 [RCW Index—page 543] PHARMACY, BOARD OF Enforcement authority of department of health 18.64.009 Ephedrine, pseudoephedrine, phenylpropanolamine 18.64.044, 18.64.046, 18.64.047 Generic drugs, substitution for brand name drugs coercion of pharmacist prohibited 69.41.170 liability 69.41.150 pharmacy signs 69.41.160 Health, department of police power 18.64.009 powers and duties 18.64.310 Health care entities license and requirements for legend drug and controlled substance purchase or use, exception 18.64.450, 18.64.460, 18.64.470 Hypodermic syringes, needles dealer’s duty to determine sale legality 70.115.050, 70.115.060 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from civil action when charging another member with incompetency or gross misconduct before board or commission 4.24.260 Legend drugs, See DRUGS, subtitle Prescription drugs Liability for acts of pharmacy ancillary personnel 18.64A.080 Liability for prescription dispensing, limitations 7.72.040, 18.64.275 Licenses duplicate or certified copies, fees 18.64.050 examinations fees 18.64.040 nondomestic wholesalers, waiver requests 18.64.490 pharmacies, requirements 18.64.043 pharmacists disciplinary action, grounds 18.64.160 fees 18.64.140 inactive status 18.64.140 reciprocity 18.64.080 renewal 18.64.080, 18.64.140 requirements and examination 18.64.080 refusal, suspension, and revocation appeal procedure 18.64.200 grounds 18.64.165 required 18.64.020 retired active status 18.64.205 shopkeepers 18.64.044 Liquor laws, exemption 66.12.060 Nondomestic wholesalers, waiver requests 18.64.490 Nonresident pharmacies advertising, unlawful practices 18.64.400 confidentiality of information, exceptions 18.64.420 definition 18.64.400 information disclosure 18.64.360, 18.64.380 inspection 18.64.380 insurer may provide coverage only from licensed nonresident pharmacy 48.20.530, 48.21.330, 48.44.470, 48.46.540 legislative findings 18.64.350 licenses, application and renewal 18.64.370 proof of licensure requirements, insurer duties 48.20.530, 48.21.330, 48.44.470, 48.46.540 reciprocity with Canadian pharmacies 18.64.360 requirements 18.64.360 rule-making authority of board 18.64.410 violations and penalties 18.64.390 Pharmacists malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 product liability actions definitions 7.72.010 professional negligence [RCW Index—page 544] limitation on suits arising from 4.16.350 review committee immunity from civil suit while in performance of duties connected with committee or board 4.24.240 Pharmacy, board of, See PHARMACY, BOARD OF Pharmacy ancillary personnel approval by board, procedures 18.64A.060 classification 18.64A.020 definitions 18.64A.010 disciplinary actions, grounds 18.64A.050 duties 18.64A.030 grandfathered practitioners 18.64A.070 liability of pharmacy or pharmacist 18.64A.080 limitations on practice 18.64A.040 qualifications and training 18.64A.020 supervision 18.64A.040 uniform disciplinary act, application 18.64A.055 Pharmacy interns, registration requirements 18.64.080 Precursor drugs Ch. 69.43 Prescription drugs, See DRUGS, subtitle Prescription drugs Prescriptions insurance claims preapproved individual claim may not be rejected later, recordkeeping requirements 48.20.525, 48.21.325, 48.44.465, 48.46.535 pharmacists liability limitation for dispensing prescription 7.72.040 product liability actions 7.72.010 prescription drug monitoring program Ch. 70.225 Professional service corporations Ch. 18.100 Rebating prohibited, penalty Ch. 19.68 Recordkeeping requirements 18.64.245 Records of review committee or board, members, or employees not subject to process 4.24.250 Shopkeepers’ registration, violations and penalties 18.64.044 Strychnine sales, records 16.52.193 Triplicate prescription form program 69.50.311 Uniform disciplinary act, application 18.64.163 Unlawful practices 18.64.250 Violations, penalty 18.64.250, 18.64.280 Waiver requests Canada, importation from 18.64.480 nondomestic wholesalers, licensing 18.64.490 PHARMACY, BOARD OF AIDS education and training 70.24.280 Compensation and expenses 18.64.003 Controlled substances, uniform act, board authority and duties Ch. 69.50 Controlled substances therapeutic research program Ch. 69.51 Drug samples Ch. 69.45 Generic drugs, substitution for brand name drugs 69.41.180 Laetrile certification of 70.54.140 Legend drugs, board authority and duties Ch. 69.41 Meetings and officers 18.64.003 Membership, qualifications and terms 18.64.001 Nonresident pharmacies rule-making authority of board 18.64.410 Over-the-counter medications, imprinting requirements Ch. 69.60 Pharmacy ancillary personnel, certification and regulation Ch. 18.64A Poison prevention packaging of drugs and cosmetics, board duties 70.106.150 Powers and duties 18.64.005 Precursor drugs Ch. 69.43 Prescription drugs, board authority and duties Ch. 69.41 Steroids, classification and board duties 69.41.310 Vacancies 18.64.001 PHENYLKETONURIA (See INSURANCE, subtitle Phenylketonuria) PHONOGRAPH RECORDS (See also TAPES AND RECORDINGS) Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 PHOTOGRAPHIC PROCESSES Copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 PHOTOGRAPHS Arrested persons, powers and duties of law enforcement agencies 43.43.735 Defined motor vehicle law 46.04.408 Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 Use of name, voice, signature, photograph, or likeness is property right Ch. 63.60 PHYSICAL ANTHROPOLOGIST, STATE Appointment 43.334.075 PHYSICAL FITNESS FACILITIES Health studios, regulation Ch. 19.142 PHYSICAL THERAPY Advertising limitations 18.74.085 violations 18.74.090 Assistants health carrier contracts 18.74.128 waiver of examination 18.74.038 Authorization to practice, standards 18.74.160 Board of physical therapy meetings and officers 18.74.027 membership, terms, and compensation 18.74.020 powers and duties 18.74.023 Consultation and review requirements 18.74.012 Definitions 18.74.010 Examination of applicants 18.74.035 Exemptions and acts not prohibited 18.74.125 Immune from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Injunction to prevent violation of chapter 18.74.095 Insurance coverage and benefits not mandated and regulated 18.74.135 Interim permits 18.74.075 Licenses applicants, requirements 18.74.050 grandfathering 18.74.065 inactive status 18.74.073 interim permits 18.74.075 issuance by secretary of health 18.74.040 licensure by endorsement 18.74.060 persons exempt from licensure 18.74.150 practicing without valid license prohibited 18.74.090 qualifications 18.74.030 registry 18.74.120 renewal 18.74.070 Physical therapists doctorate degree 28B.35.215 malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 professional negligence limitation on suits arising from 4.16.350 professional service corporations Ch. 18.100 supervision of assistive personnel 18.74.180 Practice setting not restricted 18.74.140 (2008 Ed.) PHYSICIANS AND SURGEONS Practices not regulated or prohibited 18.74.130 Recordkeeping requirements 18.74.120 Records of review committee or board, members, or employees not subject to process 4.24.250 Referral to health care practitioners 18.74.015 Standards for appropriateness of physical therapy care duty of board of physical therapy to adopt 18.74.025 Uniform disciplinary act, application 18.74.029 Unlawful activities 18.74.150 Unprofessional conduct, violations of standards constitute 18.74.025 Violations 18.74.090 PHYSICIAN ASSISTANTS Acupuncture, continued practice under present license authorized 18.71A.085 Alcohol abuse access to driving record to assist in identification 18.71.360 Definitions 18.71A.010 Disciplinary action 18.71A.040 Documentation, signing and attesting 18.71A.090 Employment by physician, requirements 18.71A.040, 18.71A.050 Foreign medical school graduates, eligibility 18.71A.045 Immune from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Liability of supervising physicians 18.71A.050 Licenses requirements 18.71A.020 Limitations on provision of health care services 18.71A.060 Malpractice actions for injuries 7.70.030 actions for injuries resulting from 7.70.010, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Practice arrangement plan, approval 18.71A.040 Professional negligence limitation on suits arising from 4.16.350 Qualifications 18.71A.020 Records of review committee or board, members, or employees not subject to process 4.24.250 Restrictions on practice 18.71A.020, 18.71A.030 Supervision requirements 18.71A.020, 18.71A.050 Uniform disciplinary act, application 18.71A.025 PHYSICIANS AND SURGEONS Abortion defenses to prosecution 9.02.130 definitions 9.02.170 infant’s right to medical treatment 18.71.240 refusal to perform 9.02.150 state regulation 9.02.140 unauthorized, penalty 9.02.120 Alcohol abuse access to driving record to assist in identification 18.71.360 Applications eligibility requirements foreign graduates 18.71.051 United States and Canadian graduates 18.71.050 fee 18.71.040 Births, reporting 18.71.100 Boxing, martial arts, and wrestling contests, examination of contestants and attendance at event 67.08.090 Chiropractic, engaging in practice of prohibited 18.71.011 Contagious diseases crimes related to 70.05.120 reporting 70.05.090, 70.05.110, 70.05.120 who determines character of 70.05.100 Coroner, employment of 36.24.060 (2008 Ed.) Death, See NATURAL DEATH ACT Death certificates, See VITAL STATISTICS, subtitle Death certificates Deaths, reporting 18.71.100 Definitions 18.71.010, 18.71.011 Disciplinary actions against persons exempt from licensure 18.71.230 Diseases persons having had contagious or infectious diseases not to return to school premises without physician’s certificate 28A.210.010 DMSO, prescription, administration permitted 70.54.190 Emergency care immunity from civil liability 18.71.220 Emergency medical services program directors 18.71.212, 18.71.213 Employee benefit plans, recovery 49.52.040 Employment by coroner, compensation 36.24.060 Examinations 18.71.070 False personation, penalty 18.71.190 Family court 26.12.170 First class school districts, medical inspector for 28A.330.100 Funds, secretary of health to allocate appropriated funds 18.71.420 Health care services, See INSURANCE, subtitle Health care services Health professions account 18.71.401 Health regulations, applicability 18.71.100 Hearing tests for pupils in schools, by 28A.210.020 Hospital privileges applications, may not discriminate based on type of license 70.43.020 hospital’s duty to request information on physicians 70.41.230 hospitals to report restrictions 70.41.210, 70.41.220 hospitals to set standards and privileges 70.43.010 injunctive remedies 70.43.030 Human remains use for medical purposes, See HUMAN REMAINS, subtitle Anatomical inquiry or instruction Human remains, use for instruction 68.50.060, 68.50.070, 68.50.080, 68.50.090 Immune from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immune from disciplinary action for prescribing or administering laetrile 70.54.150 Immunity from civil action when charging another member with incompetency or gross misconduct before quality assurance commission 4.24.260 Impaired physician account 18.71.315 Impaired physician program alcohol abuse, access to driving record to assist in identification 18.71.360 committee records not subject to disclosure 18.71.340 content 18.71.310 definitions 18.71.300 evaluation of physician 18.71.330 license surcharge to fund 18.71.310 procedures 18.71.320 Insurance, misrepresentation in applications 48.30.210 Joint practice arrangements 18.71.370 Judgments, execution of exempt property specified 6.15.010 Laetrile, prescription, administration of, immune from disciplinary action 70.54.150 Licenses continuing education requirement 18.71.080 exemptions 18.71.030 inactive status 18.71.085 limited licenses 18.71.095 reciprocity 18.71.090 renewal 18.71.080 required 18.71.021 revocation order, request for review 18.71.019 Liens for services discharge settlement with tort feasor or insurer 60.44.050 taking of note 60.44.040 written release or waiver 60.44.050 duty of county auditor 60.44.030 enforcement 60.44.060 limitation of actions 60.44.060 limitation on 60.44.010 notice of claim contents 60.44.020 filing 60.44.020 payment as evidence 60.44.060 recording claims 60.44.030 taking promissory note, effect 60.44.040 when authorized 60.44.010 Liquor, administration and prescription 66.20.100 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Malpractice settlements and awards, insurers must report 18.71.350 Marijuana medical use Ch. 69.51A Maternity care access program loan repayment program, providers of maternity care in underserved areas 74.09.820 Medical disciplinary board immunity from civil suit in performance of duties connected with board 4.24.240 Medical examiners, board of, See MEDICAL EXAMINERS, BOARD OF Medical malpractice physician’s privileges, hospital’s duty to request information on physicians 70.41.230 physician’s privileges, hospitals to report restrictions to medical quality assurance commission 70.41.210, 70.41.220 retired providers providing free care to lowincome persons, health department may provide insurance for 43.70.460 conditions of participation 43.70.470 Medical quality assurance commission, See MEDICAL QUALITY ASSURANCE COMMISSION Medical schools, requisites for approval 18.71.055 Medical service to employees, recovery 49.52.040 Militia member, making false certificate for, perjury 38.32.090 Natural death act physician-assisted suicide not authorized 70.122.100 Pesticide poisoning cases medical education program 70.104.057 reporting duties 70.104.055 Physician assistants, employment and supervision Ch. 18.71A Physician’s trained mobile intensive care paramedic immune from civil action when charging another member with incompetency or gross misconduct 4.24.250 malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 professional negligence limitation on suits arising from 4.16.350 records of review committee or board, members, or employees not subject to process 4.24.250 Practice of, to be regulated by law Const. Art. 20 §2 [RCW Index—page 545] PHYSICIAN’S TRAINED INTRAVENOUS THERAPY TECHNICIAN Practice of medicine, defined 18.71.011 Pregnant women, syphilis test 70.24.090, 70.24.100 Privileged communications with patients examination as witness prohibited, exceptions 5.60.060 report of child abuse not violation Ch. 26.44 Professional negligence limitation on suits arising from 4.16.350 standard of proof, evidence, exception 4.24.290 Professional service corporations Ch. 18.100 Public assistance recipients’ medical care, See PUBLIC ASSISTANCE, subtitle Medical care Rebating disclosure of financial interest, list of alternative facilities 19.68.010 Rebating prohibited, penalty Ch. 19.68 Records of review committee or board, members, or employees not subject to process 4.24.250 Reports of child abuse Ch. 26.44 Schools, employment of authorized 28A.210.300, 28A.330.100 Seat belts, verification of inability to wear, immunity from liability 4.24.235 Sexually transmitted diseases syphilis test for pregnant women 70.24.090, 70.24.100 State department of social and health services, regulation of professional services 70.41.180 Surgical technologists Ch. 18.215 Syphilis test, pregnant women 70.24.090, 70.24.100 Termination of pregnancy, See PHYSICIANS AND SURGEONS, subtitle Abortions Uniform disciplinary act, application 18.71.019 Unprofessional conduct duty to report, exceptions 18.71.0193 reports, confidentiality and immunity 18.71.0195 PHYSICIAN’S TRAINED INTRAVENOUS THERAPY TECHNICIAN (See EMERGENCY MEDICAL SERVICES) PHYSICIAN’S TRAINED MOBILE AIRWAY MANAGEMENT TECHNICIAN (See EMERGENCY MEDICAL SERVICES) PHYSICIAN’S TRAINED MOBILE INTENSIVE CARE PARAMEDICS (See EMERGENCY MEDICAL SERVICES) PICKETT HOUSE Conveyance of, held in trust 27.34.906 PICNIC AREAS (See PARKS AND RECREATION) PICTURES (See also PHOTOGRAPHS) Obscene materials, injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 PIERCE COUNTY Boundaries, tracing of 36.04.270 Court of appeals judicial position 2.06.024 Superior court judges, number of 2.08.061 PIERS (See WHARVES, DOCKS AND LANDINGS) PIGEONS (See BIRDS) PILOT VEHICLES Mobile home movements insurance coverage 46.44.180 PILOTAGE COMMISSIONERS, BOARD OF (See VESSELS AND SHIPPING) PILOTS AND PILOTAGE (See VESSELS AND SHIPPING) PIPELINES (See OIL AND GAS PIPELINE COMPANIES) [RCW Index—page 546] PISTOLS (See FIREARMS) PLACE OF WORK Defined, for Criminal Code 9A.04.110 PLACEMENT OF CHILDREN Interstate compact on placement of children Ch. 26.34 PLAIN LANGUAGE REQUIREMENTS Insurance health care insurance, notice of cancellation, denial, or nonrenewal of policy 48.18.540 health care service contractors, notice of cancellation, denial, or refusal to renew contract 48.44.260 health insurance pool explanatory brochure 48.41.110 health maintenance organizations, notice of cancellation, denial, or refusal to renew agreement 48.46.380 notice of cancellation or imposition of restriction based on handicap 48.30.320 Juvenile diversion agreements 13.40.080 PLAINTIFFS Certiorari proceedings, designation of 7.16.010 Costs bond in lieu of separate security for costs 4.84.220 dismissal for failure to give security for costs 4.84.230 entitlement to if debtor fails to answer or appear 6.32.010 prevailing party, damage actions five thousand dollars or less 4.84.260 recovery of attorney fees denied if wrongly brought in superior court 4.84.030 limitation in certain actions 4.84.040 several actions against parties who could have been joined 4.84.050 security for costs judgment on 4.84.240 required, when 4.84.210 standing bond for numerous actions 4.84.220 Ejectment and quieting title actions action by known heirs after ten years possession to quiet title 7.28.010 complaints 7.28.120 verdict for 7.28.140 Mandamus proceedings, designation of 7.16.010 Nonresidents bond in lieu of separate security for costs 4.84.220 dismissal for failure to give security for costs 4.84.230 security for costs judgment on 4.84.240 may be required, when 4.84.210 standing bond for numerous actions 4.84.220 Prohibition proceedings, designation of 7.16.010 Setoff against dismissal, action for by plaintiff barred if defendant seeks 4.56.120 judgments for balance due to defendant 4.56.070, 4.56.075 PLANE COORDINATE SYSTEM (See WASHINGTON COORDINATE SYSTEM) PLANNING AND COMMUNITY AFFAIRS AGENCY (See FINANCIAL MANAGEMENT, OFFICE OF) PLANNING COMMISSIONS Cities and towns, See CITIES AND TOWNS, subtitle Planning commissions Counties, See COUNTIES, subtitle Planning commissions Regional appointment and powers 35.63.070, 36.70.060 expenditures by counties, authority 36.70.015 PLANNING ENABLING ACT Counties, See COUNTIES, subtitle Plans and planning; ZONES AND ZONING, subtitle Counties PLANS AND PLANNING (See also LAND USE PLANNING) Amendments, changes hearing examiner system 35.63.130 Cities and towns comprehensive plan 35.63.090, 35.63.120 adoption, hearing, recommendations of commission, filing 35.63.100 amendment 35.63.105 hearing examiner system 35.63.130 off-street parking facilities 35.86.050 pedestrian malls 35.71.040 public utilities 35.67.030 solar energy systems 35.63.090 transportation systems 35.92.270 urban renewal law Ch. 35.81 water run-off plan to address 35.63.090 Cities and towns, See also CITIES AND TOWNS, subtitle Planning commissions Code cities, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Planning and zoning Comprehensive plans cities and towns 35.63.090, 35.63.100, 35.63.120 address water run-off 35.63.090 amendment 35.63.105 Counties adjustment, board of appointment 36.70.220 creation 36.70.200 meetings 36.70.270 membership, quorum 36.70.210 organization 36.70.260 removal 36.70.250 rules 36.70.280 terms of office 36.70.230 vacancies 36.70.240 appropriations for 36.70.290 comprehensive plan amendment 36.70.410 approval 36.70.400 authority for 36.70.320 cooperation with affected agencies, preparation 36.70.360 county commissioners approval or change 36.70.440 initiation or change 36.70.430 referral to 36.70.420 defined 36.70.020 development regulations, consistency with plan required 36.70.545 elements amplification of 36.70.340 optional 36.70.350 parks and recreation 36.70.350 required 36.70.330 filing 36.70.370 parks and recreation 36.70.350 planning agencies annual report 36.70.460 cooperation with other agencies 36.70.480 projects relating to 36.70.450 promotion of public interest 36.70.470 portion of county, for 36.70.320 public hearing notice of 36.70.390 requirement 36.70.380 solar easements 36.70.350 zones and zoning, effect upon 36.70.720, 36.70.730 comprehensive plan and regulations, copy provided to county assessor 36.70.495 conferences and travel authority for 36.70.310 expenses of agency members 36.70.310 department of planning (2008 Ed.) PLATTING, SUBDIVISION AND DEDICATION OF LAND alternative to commission 36.70.040 director of planning appointment 36.70.160 authority for 36.70.030 employees 36.70.170 joint county programs 36.70.180 special services 36.70.190 expenditures within amounts appropriated 36.70.290 regional planning as proper purpose for 36.70.015 hearing examiner system 35.63.130 hearing examiner system, adoption authorized, alternative, functions, procedures 36.70.970 notice, identification of affected property 36.70.315 official controls adoption 36.70.570 authority for 36.70.550 county commissioners action 36.70.620 final authority 36.70.650 initiation of 36.70.640 public hearing 36.70.630 recommendation to 36.70.600 reference to 36.70.610 enforcement 36.70.670 forms of 36.70.560 limitation to planning matters 36.70.660 public hearing notice 36.70.590 requirement 36.70.580 planning agencies advisory nature of reports 36.70.710 annual report, status of comprehensive plan 36.70.460 appropriations 36.70.290 assumption of duties 36.70.920 capital expenditure projects notification 36.70.520 relating to comprehensive plan 36.70.530 conferences 36.70.310 cooperation with other agencies 36.70.360, 36.70.480 county commission referral of special matters 36.70.510 reports to 36.70.510 county improvements approval 36.70.700 control 36.70.690 county legislative authority referral procedure 36.70.540 definitions 36.70.020 gifts, acceptance of 36.70.300 information, right of acquisition 36.70.490 joint meetings 36.70.150 meetings 36.70.130 projects, relating to comprehensive plans 36.70.450 public interest, promotion toward comprehensive plan 36.70.470 records 36.70.140 rules 36.70.140 subdivision and platting of land 36.70.680 travel expenses 36.70.310 planning commissions appointment 36.70.080 composition 36.70.070 creation 36.70.030 department to assist 36.70.040 duties imposed by other acts 36.70.920 expenses, authority 36.70.310 officers 36.70.120 removal 36.70.110 right of entry, surveys 36.70.500 terms of office 36.70.090 vacancies 36.70.100 planning enabling act alternative methods 36.70.930 definitions 36.70.020 designation as 36.70.910 (2008 Ed.) duties of planning commissioners by other acts 36.70.920 elective adoptions 36.70.940 purpose and intent 36.70.010 programs for authority 36.70.050 joint county participation 36.70.050 joint directors for 36.70.180 special services 36.70.190 regional planning commission, appointment and powers 36.70.060 grants-in-aid from United States 36.70.060 public purpose of expenditure of funds 36.70.015 restrictions applicable to real property, statement request and contents 36.70.317 right of entry, commission and staff 36.70.500 zones and zoning, See ZONES AND ZONING, subtitle Counties zoning adjustor appointment 36.70.220 creation of office 36.70.200 finality of action 36.70.800 orders, findings of fact 36.70.900 powers and duties 36.70.870 County commissioners approval or change 36.70.440 initiation or change 36.70.430 referral to 36.70.420 County roads and bridges construction 36.77.010, 36.81.130 establishment, construction and maintenance, county road engineer’s duties 36.81.130 road engineer, preparation of 36.80.070 Harbor improvement plan, port districts 53.20.010, 53.20.020 Hospital and medical facilities, state plan for construction 70.40.090, 70.40.100 Housing authorities law, planning, zoning, and building laws, consideration of 35.82.120 Industrial development districts, port districts 53.25.090 Irrigation districts, proposed works 87.03.165 Planning commissions cities and towns, See CITIES AND TOWNS, subtitle Planning commissions counties, See COUNTIES, subtitle Plans and planning Shoreline management act of 1971, See SHORELINE MANAGEMENT Water-sewer districts Ch. 57.16 PLANS AND SPECIFICATIONS (See PUBLIC WORKS, subtitle Plans and specifications) PLASTICS Containers definitions 70.95F.010 labeling requirements plastics industry standards 70.95F.020 violations, penalty 70.95F.030 Marine plastic debris, See PUBLIC LANDS PLATINUM Pawnbrokers and second-hand dealers 19.60.010 PLATS AND PLATTING (See also PLATTING, SUBDIVISION AND DEDICATION OF LAND) Abstractors, exemption from title insurance law 48.29.010 Additions to towns, recording prior to sale of lots 58.08.020 Certified copies, receipt as evidence 58.10.020 Columbia basin project, county roads established by 36.81.140 Correction and resurveys, certificate of surveyor 58.10.030 Dedication of land, See PLATTING, SUBDIVISION AND DEDICATION OF LAND Defective plats, legalization of, Code 1881 58.10.010 Deposits for anticipated taxes and assessments required, formula 58.08.040 Highways, county road engineer to keep plat book 36.80.050 Incorporated cities additions with no lots sold 58.10.040 regulation of surveys and plats 58.10.040 Port district property, law enforcement 53.08.230 Public lands—aquatic lands tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Reclaimed tidelands and other unsurveyed lands 85.05.540 Recording books of plats, manner of keeping 65.04.050 prior to sale of lots, requisites 58.08.010 Registration of land titles, certificate of title 65.12.275 Streets, designated as public highway 58.08.035 Streets, designated as public highways 58.08.050 Subdivisions, See PLATTING, SUBDIVISION AND DEDICATION OF LAND Survey of land boundaries, report to court 58.04.030 Surveys, See SURVEYS AND SURVEYORS Taxes and assessments paid, certification 58.08.030 Town plats acknowledgments, certificate of 58.08.030 additions, recording 58.08.020 anticipated taxes and assessments, deposit to cover 58.08.040 streets, penalty for lack of compliance 58.08.035 taxes and assessments, certificate of payment 58.08.030 Townsites on United States land, See TOWNSITES Vacation streets and alleys, abutting on salt or fresh water, limitation on 35.79.035 PLATTING, SUBDIVISION AND DEDICATION OF LAND Agreement to transfer land conditioned on final plat approval 58.17.205 Alteration of subdivision easements by dedication subject to RCW 64.04.175 58.17.218 procedure 58.17.215 procedures 58.17.217 Appearance of fairness doctrine Ch. 42.36 Approval or disapproval, criteria 58.17.110 Assessor’s plat partial exemption from act 58.17.050 requisites 58.18.010 Attorney general enforcement of act 58.17.320 injunction to enforce 58.17.320 Binding site plan 58.17.035, 58.17.040 Blanket encumbrances, lots or parcels subject to, sale of 58.19.180 Boundaries, permanent and control monuments, establishment 58.17.240 Cemeteries and burial plots, exemption from act 58.17.040 Cities and towns enforcement, refusal to issue building permits, septic tank permits, etc. 58.17.210 planning commission, duties, generally 58.17.100 regulations, authority 58.17.280 Commercial or industrial divisions binding site plan 58.17.040 Compliance required 58.17.030 Condominiums exemption from act 58.17.040 Contempt, penalty for contempt of order relating to enforcement of act 58.17.220 Counties enforcement, building permit, septic tank permit, etc., refusal to issue, exceptions 58.17.210 [RCW Index—page 547] PLAYGROUNDS regulation, authority 58.17.280 County auditor, filing, refusal to accept, grounds 58.17.190 Dedication of land, compliance required 58.17.030 Definitions 58.17.020 Easement over public open space 58.17.225 Easements established by dedication extinguishing or altering 64.04.175 Easements by dedication subject to RCW 64.04.175 when subdivision is altered 58.17.218 Encumbrances, blanket, lots or parcels subject to, sale of 58.19.180 Enforcement assurance of discontinuance, violation, penalty 58.17.230 attorney general 58.17.320 civil penalties 58.17.210 contempt, penalty for failing to comply with order of court 58.17.220 prosecuting attorney 58.17.200, 58.17.320 Exemptions from act 58.17.040 Filing, refusal, grounds 58.17.190 Final plat approval of, agreement to transfer land conditioned on 58.17.205 certification required 58.17.165 Hearing and notice on preliminary plat application 58.17.090 Hearing examiner system authorization, procedures, and decisions 58.17.330 Identification of affected property 58.17.092 Irrigation districts plats within district, irrigation facilities requirements 58.17.310 subdivision of land within district requirements for approval 58.17.310 Judicial review of decisions 58.17.180 Liability, civil liability for failing to conform to act 58.17.200 Local ordinances, proposal to adopt, amend or repeal, advance notice 58.17.275 Lots naming and numbering 58.17.280 Monuments, permanent control, establishment 58.17.240 Notice advance, proposal to adopt, amend or repeal local ordinances 58.17.275 filing of preliminary plat 58.17.080 Optional local regulations, authorized 58.17.130 Planning commission duties, generally 58.17.100 Plat approval of, procedure 58.17.195 Platting approval inscribed on face of document 58.17.170 compliance required 58.17.030 contents enforcement 58.17.320 required contents 58.17.160 copies of filed instrument, disposition 58.17.170 dedication, required dedications before filing accepted 58.17.290 filing 58.17.170 final plat approval of, agreement to transfer land conditioned on 58.17.205 required content 58.17.290 optional local regulations, authorized 58.17.130 refusal, grounds 58.17.120 short plats approval requirements 58.17.060 filing with county auditor, required 58.17.065 [RCW Index—page 548] legislative body, authority to adopt regulations and procedures 58.17.060 required contents 58.17.290 zoning, subsequent change, effect on plat 58.17.170 Preliminary plat administrative review without a hearing 58.17.095 alteration of conditions, requirements 58.17.140 approval, conditions and limitations 58.17.110 approval or disapproval, time limitation 58.17.140 contents, required 58.17.160 criteria for approval or disapproval 58.17.110 engineer, city, town or county, recommendations of, required 58.17.150 local health department, recommendations required 58.17.150 notice filing of 58.17.080 notice of public hearing 58.17.090 optional local regulations, authorized 58.17.130 planning commission, recommendations of, required 58.17.150 recommendations of planning commission, hearing 58.17.100 refusal, grounds 58.17.120 retroactive approval period 58.17.140 submission to legislative body required, procedure 58.17.070 Proposal to adopt, amend or repeal local ordinances, advance notice 58.17.275 Proposed division of land alternative method 58.17.035 applicable law 58.17.033 Prosecuting attorney enforcement of act 58.17.200, 58.17.320 injunction to enforce 58.17.200, 58.17.320 Purpose 58.17.010 Regulation of subdivision, purpose of 1969 act 58.17.010 Replat contents 58.17.160 Review of decisions approving or disapproving any plat 58.17.180 Short plats approval requirements 58.17.060 approval of, procedure 58.17.195 authority of cities and counties 58.17.060 short subdivisions adjacent to state highway department of transportation, notice to 58.17.155 Short subdivisions adjacent to state highway department of transportation, notice to 58.17.155 approval requirements 58.17.060 authority of legislative bodies to adopt rules and regulations 58.17.060 filing with county auditor, required 58.17.065 naming and numbering 58.17.280 Streets and roads dedication, in final plat or short plat 58.17.290 naming and numbering 58.17.280 Subdivision alteration of easements by dedication subject to RCW 64.04.175 58.17.218 Subdivision plat certified copy, effect 58.17.300 Subdivisions alteration of 58.17.215, 58.17.217 approval, conditions and limitations 58.17.110 compliance enforcement 58.17.320 required 58.17.030 naming and numbering 58.17.280 optional local regulations, authorized 58.17.130 planning commission, review of preliminary plats 58.17.100 preliminary plats, required, procedure 58.17.070 short subdivisions approval requirements 58.17.060 filing with county auditor, required 58.17.065 legislative bodies, authority 58.17.060 survey, requirements 58.17.250 survey discrepancies 58.17.255 vacation of 58.17.212, 58.17.217 Surveys discrepancies, subdivisions 58.17.255 joint committee, creation 58.17.260 proposed subdivision, requirements 58.17.250 Testamentary divisions, exemption 58.17.040 Title report, required for filing of plat or short plat 58.17.290 Vacation of subdivision 58.17.212, 58.17.217 Violation, criminal penalty 58.17.300 PLAYGROUNDS (See also PARKS AND RECREATION) Counties, See COUNTIES, subtitle Parks and recreation Crosswalks, speed limits 46.61.440 Metropolitan park districts, regulation of 35.61.130 Schools, use of 28A.335.150 PLEA AGREEMENTS Contents of agreement 9.94A.421 Conviction histories for filings, plea agreements, and sentencing state patrol primary source 10.98.030 Court approval or disapproval 9.94A.431 Criminal history, submission to court 9.94A.441 Discussions 9.94A.421 Information to court of nature and reasons for agreement 9.94A.431 Prosecuting standards 9.94A.401, 9.94A.411, 9.94A.450 Sentence recommendations 9.94A.460 Sentencing judge not bound by agreement 9.94A.431 PLEADINGS Accounts, how pleaded district judges civil actions 12.08.060 Action to recover property distrained, answers 4.36.140 Actions by cities and towns to terminate trust, property acquired at local improvement or utility local improvement foreclosure proceedings 35.53.050 Allegations material allegations, defined 4.36.170 uncontroverted, effect district judges civil actions 12.08.080 Amendments to district judges civil actions 12.08.090, 12.08.110 forcible entry and detainer 59.12.150, 59.12.160 habeas corpus 7.36.240 logging liens, amendments to complaint 60.24.140 minor defects, effect 4.32.250 variance in action to recover personal property 4.36.210 Answers actions to recover property distrained, pleadings 4.36.140 appearance, answer constitutes appearance 4.28.210 assessment of damages without 4.28.290 confession of judgment authorized before or after 4.60.010 defenses district court proceeding 12.08.020 (2008 Ed.) PLEADINGS distrained property, actions to recover 4.36.140 district judges, requisites of 12.08.020 ejectment and quieting title actions, substitution of landlord in action against tenant 7.28.110, 7.28.130 forcible entry and detainer 59.12.121 frivolous 4.32.170 garnishment served with writ 6.27.070 writ contents concerning 6.27.070 joint debtors in proceedings after judgment defenses by, authorized 4.68.040 denial, by authorized 4.68.040 verdict limitation 4.68.060 pleading component 4.68.050 libel and slander 4.36.130 logging liens 60.24.140 mandamus proceedings 7.16.200 material allegations, defined 4.36.170 objections on same grounds as demurrer may be taken by, when 4.32.070 partition proceedings 7.52.060 prohibition proceedings 7.16.320 quo warranto proceedings, required 7.56.050 requisites of district judges civil actions 12.08.020 setoff, pleading of in answer 4.32.150 district court civil procedure 12.08.020, 12.08.120 stricken, when 4.32.170 uncontroverted allegations district court civil procedure 12.08.080 Attachment amendment of 6.25.280 debt not due 6.25.050 Complaints action against joint debtor after judgment, original complaint part of pleading, when 4.68.050 attachment, amendments of 6.25.280 confession of judgment not to exceed 4.60.010 district judges commencement of action by 12.04.010, 12.04.030 filing of 12.04.030 form of 12.04.030 requisites of 12.08.020 service of 12.04.040, 12.04.050, 12.04.080 ejectment and quieting title actions, contents 7.28.120 filing of where service by publication 4.28.110 forcible entry and detainer proceedings 59.12.070 joint debtors after judgments, proceedings to bind, new complaint not necessary 4.68.020 judgment in quieting title actions, contents 7.28.120 logging liens 60.24.140 material allegations, defined 4.36.170 method of foreclosing local improvement liens 35.50.230 mortgages, waiver of deficiency decree 61.12.070 ne exeat, filing 7.44.020 partition proceedings contents 7.52.020 supplemental complaint making lien creditor a party 7.52.150 personal injury actions statement of damages, prohibited 4.28.360 rent default proceedings notice 59.08.010 as notice to quit 59.08.080 sufficiency 59.08.030 requisites of district judges civil actions 12.08.020 service of actions against state 4.92.020 district court civil proceedings 12.04.040 (2008 Ed.) titles of real property action unknown heirs and claimants in, how described 4.28.150 uncontroverted allegations, effect of district court civil proceeding 12.08.080 Conditions precedent, performance of, how pleaded 4.36.080 Continuance due to amendment of district judges 12.08.110 Counterclaims, See COUNTERCLAIMS Criminal procedure 10.37.010 Criminal proceedings, See CRIMINAL PROCEDURE, subtitle Pleadings Custody of subject matter of litigation delivery to party enforcement 4.44.490 when 4.44.480 deposits into court custody of money deposited 4.44.500 enforcement 4.44.490 when 4.44.480 Defective amending district judges civil actions, pleadings 12.08.090 Defects, notices, papers and proceedings, amending by court 4.32.250 Defenses assigned choses in action 4.08.080 dismissal on nonappearance of plaintiff 4.56.120 frivolous answers, striking of 4.32.170 stricken, when 4.32.170 Demurrers grounds of objection by answer, when 4.32.070 logging liens 60.24.140 mandamus proceedings 7.16.220 prohibition proceedings 7.16.320 Denials district judges, knowledge or information, effect 12.08.050 joint debtors in proceedings after judgment answer by 4.68.040 pleading content 4.68.050 verdict limitation 4.68.060 Dissolution of marriage 26.09.020 District judges civil actions accounts, how pleaded 12.08.060 allegations uncontroverted, effect 12.08.080 amendments to 12.08.090, 12.08.110 answer, requisites of 12.08.020 appearance of parties, pleadings take place upon 12.08.010 complaint, requisites of 12.08.020 continuance due to amendment of 12.08.110 denial on knowledge or information, effect 12.08.050 docketing of 12.08.040 filing of 12.08.040 instruments, how pleaded 12.08.060 objections to 12.08.090 oral or written 12.08.030 reply to setoff 12.08.020 setoff how pleaded 12.08.120 reply to 12.08.020 small claims, informal 12.40.090 time when due 12.08.010 variances between pleading and proof 12.08.100 verification of 12.08.070 what constitutes 12.08.020 written or oral 12.08.030 small claims, informal 12.40.090 Ejectment and quieting title actions answer 7.28.130 complaints, contents 7.28.120 counterclaims for permanent improvements and taxes paid 7.28.170 Evidence, as pleadings are not 5.40.010 Filing of complaint 4.28.110 district judges civil actions 12.08.040 Fire protection districts, validation proceedings 52.22.061 Forcible entry and detainer, See FORCIBLE ENTRY AND DETAINER, subtitle Pleadings Foreign laws, necessity of pleadings 5.24.040 Garnishment superior courts, records to be kept 36.23.030 Habeas corpus 7.36.110 federal questions raised by 7.36.140 Harmless error disregarded 4.36.240 Indictments, See CRIMINAL PROCEDURE, subtitle Pleadings Instruments in writing district judges civil actions 12.08.060 Interpleader service by publication, when 4.28.100 Issues defined 4.40.010 fact, of kind of issue 4.40.010 kinds of fact 4.40.010 law 4.40.010 law, of kind of issue 4.40.010 Joint debtor, action to bind after judgment, what constitutes pleading 4.68.050 Judgment on jury may assess amount of recovery, when 4.44.450 Judgments and determinations, how pleaded 4.36.070 Libel and slander 4.36.120 justification and mitigation, pleading 4.36.130 Logging liens amendments to complaint 60.24.140 defendant’s answer 60.24.140 motion for more definite and certain statement 60.24.140 Lost or destroyed replacement of court records lost or destroyed by original 5.48.020 substitution of copy authorized 5.48.010 Material allegations defined 4.36.170 Method for foreclosing local improvement, and utility local improvement liens 35.50.230 Minor defects in, effect 4.32.250 Mistakes papers, notices and proceedings, amending by court 4.32.250 Motions as to logging liens 60.24.140 strike answer or defense when frivolous 4.32.170 Municipal local improvement assessments alternative method 35.50.220 procedure 35.50.230, 35.50.250, 35.50.270 procedures 35.50.240 Municipal utility local improvement assessments foreclosure procedure 35.50.230 Notices minor defects in, effect 4.32.250 time extension for service of and filing 4.32.250 Objections district judges civil actions 12.08.090 Omission, notices, papers, and proceedings, amending by court 4.32.250 Parties title of papers and notices defective as to, effect 4.32.250 Partition proceedings, continuance of suit to determine claims 7.52.260 Personal injury actions statement of damages, prohibited 4.28.360 Proof, pleadings do not constitute 5.40.010 Reply material allegations, defined 4.36.170 [RCW Index—page 549] PLEDGES Setoffs pleading of 4.32.150 district judges civil actions 12.08.120 reply to, district judges civil actions 12.08.020 Setoffs, See also SETOFFS Small claims 12.40.090 Striking answers and defenses, when 4.32.170 Summons ejectment and quieting title actions, service by publication 7.28.010 service of, actions against state 4.92.020 Summons, See also SUMMONS Superior courts, books to be kept 36.23.030 Time extension of filing papers and notices 4.32.250 Titles of cause in court, minor defects as to, effect 4.32.250 Variances actions to recover personal property 4.36.210 district judges civil procedure 12.08.100 Verification of district judges civil actions 12.08.070 PLEDGES (See also LOANS) Bank or trust company pledge of assets or securities prohibited, exception 30.04.140 Cities and towns, housing authorities, powers 35.82.150 Firearms, loans of 9.41.120 Probate, administrator cannot pledge property unless directory powers in will 11.28.070 Rents and profits receiver to protect 7.28.230 right to pledge 7.28.230 PLUMBERS Advisory board of plumbers membership, functions, and duties 18.106.110 Backflow assembly testers 18.106.310 Certificates of competency applications and evidence of competency 18.106.030 grandfathering 18.106.080 issuance and rights of holder 18.106.070 required 18.106.020 revocation, grounds and procedure 18.106.100 suspension for noncompliance with support order 18.106.300 suspension for nonpayment or default on educational loan or scholarship 18.106.290 Compliance inspections by city or county, pilot project 18.106.280 Contractors duties, trainee hours 18.106.320 Definitions 18.106.010 Examinations eligibility 18.106.040 rules 18.106.040 scope and administration 18.106.050 Exemptions from chapter requirements 18.106.150 Fees 18.106.125 Labor and industries, department director’s powers and duties 18.106.140 Medical gas piping installers certification of competency and endorsement Ch. 18.106 Plumbing certificate fund 18.106.130 Reciprocity 18.106.155 Supervision requirements 18.106.020 Temporary permits qualifications for issuance 18.106.090 requirements 18.106.020 Training certificates 18.106.070 Violations administrative procedure act, application 18.106.250 infractions 18.106.020, 18.106.180, 18.106.190, 18.106.200, 18.106.210, 18.106.220, 18.106.230 investigations 18.106.170 legal representation 18.106.240 [RCW Index—page 550] monetary penalties 18.106.270 PLUMBING CODE Cities and towns, adoption by reference 35.21.180 Water conservation performance standards for plumbing fixtures 19.27.170 PLUTONIUM (See NUCLEAR ENERGY AND RADIATION) PODIATRIC MEDICINE AND SURGERY Child abuse, reporting Ch. 26.44 Definitions 18.22.010 Exemptions from regulation 18.22.230 Health care coverage 48.44.220, 48.44.225, 48.44.300 Health department rule-making authority 18.22.191 Immunity from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Licenses applications, eligibility 18.22.040 display requirements 18.22.110 examinations 18.22.040, 18.22.060, 18.22.083 inactive status 18.22.125 postgraduate training licenses 18.22.045 reciprocity 18.22.082 renewal 18.22.120 required 18.22.021, 18.22.025 Podiatric medical board duties and authority 18.22.015 meetings and officers 18.22.014 membership and terms 18.22.013 Podiatrists disability or group disability insurance contracts, benefits not to be denied because podiatrist performs medical or surgical services 48.20.390, 48.21.130 malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Prescriptive authority 18.22.035 Professional negligence limitation on suits arising from 4.16.350 standard of proof, evidence, exception 4.24.290 Professional service corporations Ch. 18.100 Scope of practice 18.22.035 Uniform disciplinary act, application 18.22.018 Unlawful practices 18.22.210 Violations, penalty 18.22.220 POET LAUREATE Account 43.46.085 Program 43.46.081 POISON PREVENTION AND CONTROL Poison information center acts or omissions, department to defend 18.76.080 consulting with other poison programs 18.76.041 definitions 18.76.020 gifts and grants to center 18.76.090 liability and immunity of personnel 18.76.070, 18.76.080 personnel certification, suspension for noncompliance with support order 18.76.110 personnel certification, suspension for nonpayment or default on educational loan or scholarship 18.76.100 personnel standards 18.76.060 rules and standards, health department authority to establish 18.76.050 services enumerated 18.76.030 statewide program and services 18.76.030 Poison prevention packaging definitions 70.106.030, 70.106.040, 70.106.050, 70.106.060, 70.106.070, 70.106.080, 70.106.090 drugs and cosmetics, board of pharmacy authority 70.106.150 exceptions from standards 70.106.110 packaging standards 70.106.100 rules and regulations adopted under federal law 70.106.120 violations and penalties 70.106.140 POISONS (See also POISON PREVENTION AND CONTROL) Arsenic, cyanide, strychnine, and other substances definitions 69.38.010 exemptions from chapter 69.38.020 false representation when purchasing 69.38.050 poison register failure to maintain, penalty 69.38.040 identification of purchaser 69.38.030 inspection 69.38.040 purchaser identification requirements 69.38.030 Caustic or corrosive poisons agriculture department duties 69.36.040 antidote or treatment, inclusion on label 69.36.010 condemnation of misbranded packages 69.36.030 definitions 69.36.010 exemptions from labeling requirements 69.36.010 labeling requirements 69.36.010, 69.36.040 misbranded packaging, sale prohibited 69.36.020 prosecution of violations 69.36.050 violations, penalty 69.36.060 Chemically related illness centers for research and clinical assessment 51.32.360 industrial insurance criteria and procedures 51.32.350 research projects, implementation and funding 51.32.370 Crimes animals, poisoning 16.52.190, 16.52.193 caustic or corrosive poisons 69.36.060 edible products containing poison 69.40.010, 69.40.015 enforcement 69.40.025 harmful objects or substances in products, penalty 69.40.030 milk or food products containing poison, penalty 69.40.020 repackaged poison without label 69.40.055 water supply, poisoning springs, wells, or reservoirs 69.40.030 Food products edible products containing poison, penalty 69.40.010, 69.40.015, 69.40.020 enforcement 69.40.025 harmful objects or substances in products, penalty 69.40.030 Hazardous materials incidents definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 written, terms and conditions, records 70.136.060 incident command agencies assistance from state patrol 70.136.035 designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 Labeling caustic or corrosive poisons Ch. 69.36 requirements 69.40.055 (2008 Ed.) POLITICAL ORGANIZATIONS Manufacturers, license required 69.38.060 Packaging, See POISON PREVENTION AND CONTROL Poison information center, statewide services Ch. 18.76 Regulatory authority, board of pharmacy 70.106.150 Repackaged without labeling, penalty 69.40.055 Sellers, license required 69.38.060 Strychnine sales, records required 16.52.193 POLICE (See also LAW ENFORCEMENT OFFICERS; RETIREMENT AND PENSIONS, subtitle Police; STATE PATROL) Abatement of certain structures, signs or devices on city streets, county roads or state highways, chief’s duties relating to 47.36.180 Abating as public nuisance signs erected or maintained contrary to highway advertising control act of 1961, chief’s duties relating to 47.42.080 Arrest warrantless arrest for felonies, gross misdemeanors, and misdemeanors, when authorized 10.31.100 Arrest procedure, motor vehicle violations 46.64.030 Association of sheriffs and police chiefs assistance to counties in developing and implementing local law and justice plan 36.28A.020 recognition 36.28A.010 Association of sheriffs and police chiefs, See also ASSOCIATION OF SHERIFFS AND POLICE CHIEFS Chaplains duties 41.22.040 volunteers may be used 41.22.030 Chiefs eligibility criteria 35.21.333, 35.21.334 vacancies 35.21.335 Cities and towns, See CITIES AND TOWNS, subtitle Police Citizens’ assistance of 35.66.030 Civil service applicants for city police positions, qualifications 41.12.070 Civil service, See also CIVIL SERVICE, subtitle City police Colleges and universities authorized 28B.10.550 benefits for duty-related death, disability, or injury 28B.10.567 powers 28B.10.555 Community-police partnership local law enforcement agencies encouraged to form in high crime areas 43.101.240 Controlled substances, See DRUGS Conviction records state patrol employer requests 43.43.815 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Criminal records, See CRIMINAL RECORDS PRIVACY ACT Defined, motor vehicle law 46.04.391 Disposition form and report prosecuting attorney to send to state patrol 10.98.090 state patrol sole recipient for federal transmission 10.98.070 transmitted to prosecuting attorney 10.98.050 Domestic violence arrests 10.31.100 foreign protection order full faith and credit act Ch. 26.52 immunity for arresting officer 26.09.300, 26.50.140 no-contact order enforcement 10.99.055 (2008 Ed.) procedure for issuing and entering 10.99.045 statewide notice 10.99.040 official response, See DOMESTIC VIOLENCE protection orders computer entry for statewide notice 26.09.060 computer entry to constitute statewide notice, requirements 26.50.100 ex parte temporary order for protection penalties, prerequisite, duty to serve copy of order 26.50.115 issuance, assistance by peace officer 26.50.080 penalties, prerequisite, duty to serve copy of order 26.50.115 personal service exceptions 26.50.090 Eluding pursuit, penalty 46.61.024 Enforcement of laws on limited access facilities in cities and towns, police to have independent and concurrent jurisdiction 47.52.200 Felonies warrantless arrest for, when authorized 10.31.100 Fingerprints judge to order 10.98.050 Fingerprints and identifying data transmit to state patrol identification and criminal history section 10.98.050 Firearms, commercial sales, copy of application to be sent to 9.41.090 Gross misdemeanors warrantless arrest for, when authorized 10.31.100 Health regulations by state board of health, duty to enforce, penalty 43.20.050 Hostage or barricade situation service disruption, telephone company immunity from liability 70.85.120 telephone communication 70.85.100 applicable law 70.85.130 telephone company assistance 70.85.110 Interception of private conversations admissibility 9.73.090 authorization, application 9.73.130 authorization, inventory, service on named person 9.73.140 bugging 9.73.090 judicial authorization 9.73.090 pen registers and trap and trace devices 9.73.260 report, requirements 9.73.120 Investigations prosecuting standards 9.94A.411 Law enforcement medal of honor Ch. 41.72 Malicious prosecution claim by a law enforcement officer 4.24.350 Matrons 35.66.010, 35.66.020, 35.66.030, 35.66.040, 35.66.050 Metropolitan park districts, authority to commission 35.61.370 Militia duty, exemption from 38.44.030 Misdemeanors warrantless arrest for, when authorized 10.31.100 Motor vehicle, violations arrest procedure, nonexclusive 46.64.030 Motor vehicle accident reports, duty to make 46.52.070 Motor vehicle drivers’ licenses, requests for, police officer to produce evidence of his authorization upon request 46.61.020 Optical strobe lights restricted use 46.37.190 Orders of, state of emergency, failure to heed during, penalty 43.06.250 Organized crime intelligence unit, state patrol 43.43.850, 43.43.852, 43.43.854, 43.43.856 Overtime compensation 49.46.130 Pensions, See RETIREMENT AND PENSIONS Privacy unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Public employees’ retirement system service credit for service in Seattle police relief and pension fund system 41.40.059 for service in Seattle police relief and pension funds system terms and conditions 41.40.061 Racial profiling 43.101.410 Railroad police, See RAILROADS, subtitle Police Report of child abuse Ch. 26.44 Reserve officers volunteer firefighters’ and reserve officers’ relief and pensions, generally Ch. 41.24 Retirement and pensions, See RETIREMENT AND PENSIONS, subtitle Law enforcement officers and fire fighters Seattle police relief and pension fund system service credit in public employees’ retirement system for service in Seattle system 41.40.059 terms and conditions 41.40.061 State identification number state patrol to furnish 10.98.080 Status of suspected or convicted felons prompt response by patrol or corrections department 10.98.150 Telephone, yielding party line for report of refusal, penalty 70.85.020 Towns, pursuit and arrest of violators beyond town limits 35.27.240 Traffic infractions notice of issuance authority 46.63.030 order to stop, duty to obey 46.61.021 order to stop, failure to obey, penalty 46.61.022 Traffic school of city or town and county, police to assist in 46.83.020 Tribal police officers definitions 10.92.010 powers, training requirements 10.92.020 Unclaimed property authority when in possession Ch. 63.32 receipt of, when 63.24.160 Utilities and transportation commission employees, status as police officers 81.04.460, 81.04.470 Vehicles, law enforcement, authorized to have alternately flashing red lights 46.37.190 Warrant officers positions to be maintained within city police department 35.20.270 Wiretap admissibility 9.73.090 authorization application 9.73.130 inventory, service on named person 9.73.140 judicial authorization 9.73.090 report, requirements 9.73.120 POLICE COURTS (See also JUSTICE AND INFERIOR COURTS; JUSTICES OF THE PEACE) Jurisdiction writ of prohibition, jurisdiction prohibited 7.16.320 POLICE POWER Counties, cities, towns, townships may exercise Const. Art. 11 § 11 Liquor laws, See ALCOHOLIC BEVERAGES POLICE REPORTS (See CRIMINAL RECORDS; CRIMINAL RECORDS PRIVACY ACT) POLITICAL ACTIVITY Disclosure, See PUBLIC DISCLOSURE Public employees 41.06.250 POLITICAL ORGANIZATIONS Disclosure, See PUBLIC DISCLOSURE [RCW Index—page 551] POLITICAL PARTIES POLITICAL PARTIES Elections, provisions Ch. 29A.80 Elections, See also ELECTIONS POLITICAL SUBDIVISIONS (See also CITIES AND TOWNS; COUNTIES) Advancement of travel and other expenses authorized 42.24.120 constitutes a prior lien 42.24.140 interest 42.24.140 itemized travel expense voucher 42.24.150 misappropriation of public funds, when 42.24.160 purpose of advancement 42.24.160 revolving fund 42.24.130 Bond issues indebtedness limitations, subject to 39.46.110 notice of intent to sell general obligation bonds 39.46.120 payment of general obligation bonds 39.46.110 revenue bonds funds for reserve purposes may be included 39.44.140 Charge cards for travel expenses 42.24.115 Claims against for contractual purposes auditing and payment 42.24.080 authentication and certification 42.24.080 forms 42.24.080 penalty for approving, paying false claim 42.24.110 penalty for false claim 42.24.110 Consolidation of local government unit and first class city retirement rights compliance with law 41.04.430 definitions 41.04.405 intent 41.04.400 limitations 41.04.425 membership in first class city retirement system 41.04.415 newly created legal entity 41.04.420 public or public safety employees’ retirement systems 41.04.410 Contracts bond of contractor registration or licensing prerequisite to public works contract 39.06.010 minority and women’s business enterprises 39.04.160 Debts collection agencies may be used, fees 19.16.500 Expenses and per diem 42.24.090 Joint operations by municipal corporations or political subdivisions, deposit and control of funds 43.09.285 Judgments against, interest on, torts 4.56.115 Liability insurance, purchase for officers and employees 36.16.138 Political activities of employees 41.06.250 Reimbursement claims by officers and employees approving, paying false claim, penalty 42.24.110 false claim, penalty 42.24.100 travel allowances 42.24.090, 42.24.100 Savings and loan association, may be member of 33.20.060 Taxing districts claim payment before approval by legislative body 42.24.180 Tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 [RCW Index—page 552] Travel expenses 42.24.090 charge cards 42.24.115 Unemployment compensation general 50.44.030 nonparticipation, alternative tax 50.44.035 termination of coverage 50.44.090 POLLING PLACES (See also ELECTIONS) Polling place elections and poll workers Ch. 29A.44 POLLUTION (See also AIR POLLUTION CONTROL; WATER POLLUTION CONTROL) Control, See ECOLOGY, DEPARTMENT OF; WATER POLLUTION CONTROL Hazardous waste disposal definitions 70.105.010 department authority to regulate all wastes 70.105.109 PCB waste 70.105.105 purpose, comprehensive statewide control framework 70.105.007 Heating oil pollution liability protection Ch. 70.149 Mill tailings, licensing, perpetual care, See MILLS, subtitle Uranium and Thorium Motor vehicles emission control compliance 46.16.015 Puget Sound water quality authority, See PUGET SOUND WATER QUALITY AUTHORITY Underground petroleum storage tanks financial assistance to small communities certification 70.148.170 criteria 70.148.130 legislative intent 70.148.120 private owner or operator 70.148.140 public owner or operator 70.148.150 rural hospitals 70.148.160 financial responsibility program legislative findings and intent 70.148.005 pollution liability insurance program ad hoc committees 70.148.030 administration 70.148.030 cancellation or refusal by insurer, appeal 70.148.080 definitions 70.148.010 director powers and duties 70.148.050 rule-making authority 70.148.040 disclosure of proprietary reports and information, penalties for unauthorized disclosures 70.148.060 exemption from Title 48 RCW, exceptions 70.148.090 insurer selection process, criteria 70.148.070 program design and cost coverage 70.148.035 reservation of legislative power 70.148.110 trust account 70.148.020 Water supply 70.54.010 generally 70.54.010 Waters cities and towns abatement of action by sheriff 35.88.050 declaration of nuisances 35.88.030 enforcement by health officers 35.88.060 injunction proceedings 35.88.070 prosecution and trial of offenders 35.88.050 punishment for creating or maintaining nuisance 35.88.040 sewerage discharged into streams, certain cities prohibited from 35.88.080 special police, authorization for 35.88.020 supply sources, authority over 35.88.010 commercial operations, See POLLUTION, subtitle Waters, waste disposal permit depositing unwholesome matter in waters, public nuisance, penalty 9.66.050 industrial operations, See POLLUTION, subtitle Waters, waste disposal permit penalty 70.54.010 public utility districts, powers in regard to 54.16.050 water supply generally 70.54.010 watersheds in adjoining state 70.54.030 Watersheds in adjoining state 70.54.030 POLLUTION CONTROL HEARINGS BOARD Adjudicative proceedings ecology department and air pollution control authorities, board conduct of hearings 43.21B.240 Administrative procedure act, application 43.21B.130 Air pollution control authorities, regulations and amendments filed with board 43.21B.260 Appeals to board hearings 43.21B.160, 43.21B.170, 43.21B.230 orders, permits, and licenses 43.21B.310 penalties of fifteen thousand dollars or less, alternative procedures 43.21B.305 procedure 43.21B.160, 43.21B.170, 43.21B.180, 43.21B.190, 43.21B.230 Chairman 43.21B.080 Compensation and travel expenses 43.21B.050 Environmental hearings office, board created within 43.21B.010 Environmental policy, council on challenges to consistency of rules 43.21B.250 Environmental rules of agencies challenges to consistency 43.21B.250 Hazardous waste disposal appeals 70.105.095 Hazardous waste generators and users voluntary reduction plan appeal of department order or surcharge 70.95C.230 Hazardous waste management local governments, pollution control hearings board to hear disputes 70.105.250 Judicial review of board decisions 43.21B.180, 43.21B.190 Jurisdiction 43.21B.110 Membership, qualifications and appointment 43.21B.020, 43.21B.030, 43.21B.040, 43.21B.060 Noise control civil penalties, appeals 70.107.050 local regulation measures, appeals 70.107.060 Orders, permits, and licenses appeals 43.21B.310 stays of orders 43.21B.320 Penalty procedures 43.21B.300 Powers and duties 43.21B.090, 43.21B.100 Purpose 43.21B.010 Summary procedures 43.21B.330 Water rights registration, waiver, and relinquishment Ch. 90.14 POLLUTION CONTROL MUNICIPAL BONDING Actions, certain, validated 70.95A.035 Bonds investment securities, as 70.95A.040 issuance authority 70.95A.030 proceeds, disposition 70.95A.080 proceeds are separate funds 70.95A.045 refunding 70.95A.070 requisites 70.95A.040 sale, terms of 70.95A.040 secured solely by revenue 70.95A.040, 70.95A.050 security for bond owners 70.95A.050 Construction of 1975 act 70.95A.045 Cumulative, Act declared 70.95A.910 Definitions 70.95A.020 Department of ecology, certificate of antipollution furtherance 70.95A.100 Facilities disposal procedure 70.95A.060 (2008 Ed.) PORT DISTRICTS lease agreements 70.95A.060 sale, lease restrictions not applicable 70.95A.090 Legislative declaration 70.95A.010 Mortgage as security for bonds 70.95A.050 Port district pollution control facilities, optional application of act 70.95A.930 Powers facilities acquisition 70.95A.030 leasing 70.95A.030 revenue bonds, issuance 70.95A.030 Severability of 1975 act 70.95A.940 Severability of act 70.95A.920 Validation of certain actions 70.95A.035 POLLUTION LIABILITY INSURANCE AGENCY Heating oil pollution liability protection Ch. 70.149 POLYBROMINATED DIPHENYL ETHERS — FLAME RETARDANTS Assistance to state agencies 70.76.080 Definitions 70.76.010 Department review 70.76.050 Enforcement, compliance 70.76.100 Findings 70.76.005 Fire safety committee 70.76.040 manufacture, sale, or distribution 70.76.020, 70.76.030 Notification to sellers 70.76.070 Retailers, liability 70.76.090 Rules 70.76.110 Transportation and storage 70.76.060 POOL (See ATHLETICS AND SPORTS, subtitle Billiard and pool halls) POOR (See LOW-INCOME PERSONS) POPCORN Disclosure of butter or butter-like flavoring 69.04.331 POPULATION (See also CENSUS) Census duties transferred to office of financial management 43.41.050 Cities and towns allocations of state funds based upon, finality 43.62.020 annexation, procedure 43.62.030 annexed territory, certificate to office of financial management 35.13.260 assistance to office of financial management 43.62.040 certification of 43.62.030 determination of 43.62.030 disincorporation, procedure 43.62.030 incorporation, procedure 43.62.030 statutory references to 500,000 population deemed to be 400,000 35.21.780 times for making census 43.62.030 Counties allocation of funds, basis 36.13.100 census, authorized 36.13.020 census to determine 36.13.030, 36.13.050 classified by Const. Art. 11 § 5 determination 36.13.100 determination and certification, office of financial management 43.62.035 enumerators 36.13.030 fixing by county commissioners 36.13.050 Financial management, office of, powers and duties of planning and community affairs agency transferred to 43.41.050 Joint park and recreation districts, multi-counties determination 36.69.460 PORNOGRAPHY (See also OBSCENITY AND PORNOGRAPHY) Children, See also SEXUAL EXPLOITATION OF CHILDREN Moral nuisances defined 7.48A.010 Moral nuisances, See also NUISANCES, subtitle Moral nuisances Witnesses (2008 Ed.) duty to report attempts and offenses 9.69.100 PORT DISTRICTS Actions against officer, employee or agent of defense costs exception 53.08.208 Actions relating to pollution control and other industrial developments deemed in compliance with state constitution 53.08.041 Advertising, promotion of facilities 53.08.160 Agent, officer, or employee of defense costs in action against exception 53.08.208 Agricultural development, public agency, public purpose, studies, investigations, surveys for 53.08.160 Agricultural products revenue bonds 53.40.020 Air transfer and terminal facilities acquisition and operation of authorized 53.08.020 authority for 53.04.010 Air transportation, authority for in districts lacking bodies of water 53.04.015 Aircraft noise abatement authorization 53.54.010 authorized programs 53.54.030 fund authorized, sources 53.54.040 impacted areas 53.54.020 investigation, monitoring of noise impact 53.54.020 liberal construction of law, powers additional 53.54.900 property deemed in impacted areas 53.54.030 Airport capital improvements, bond issue limitations 53.36.030 Airports, See AERONAUTICS, subtitle Airports Annexation of port district property firefighter transfer rights 53.08.360 Annexation of territory alternative methods 53.04.150, 53.04.160, 53.04.170, 53.04.180 elections ballots 53.04.080 conduct of 53.04.080 liability of area annexed 53.04.100 order of annexation 53.04.100 outstanding indebtedness 53.04.190 petition for 53.04.080 petition for annexation to 53.04.085 petition for resolution 53.04.150, 53.04.160, 53.04.170 written consent 53.04.180 Assessments harbor improvement, limitation 53.20.040 levy of 53.08.010 Authority for additional and concurrent method 53.04.016 areas without appropriate bodies of water 53.04.015 generally 53.04.010 Ballast water management Ch. 77.120 Bankruptcy readjustment and relief from debts Ch. 39.64 Bond issues industrial development projects Const. Art. 32 §1 municipal airports 14.08.116 registration of bonds county treasurer as registration officer, designation of fiscal agent 39.44.130 Bond issues, See also PORT DISTRICTS, subtitle Fiscal matters Boundaries, revision of commissioner districts redrawing district boundaries 53.16.015 terms of office not affected 53.16.030 Boundaries, revisions of notice of hearing 53.16.020 Bridges acquisition and operation of facilities 53.08.020 authority to construct toll bridges 53.34.010 Budgets, See PORT DISTRICTS, subtitle Fiscal matters Canal construction, tax levy for 53.36.070, 53.36.080 limitations 53.36.070 Canals, ditches, and drains, acquisition and operation 53.08.020 Chapter to be construed as cumulative 53.08.047 Claims against, toll facilities Ch. 53.34 Cold storage and refrigeration facilities, acquisition and operation 53.08.020 Collective bargaining 53.18.015 Commission and commissioners administrative programs, coordination 53.06.050 commissioner district description 53.04.031 commissioner districts 53.12.010 elimination of commissioner districts in less than county-wide district 53.12.021 redrawing district boundaries 53.16.015 compensation 53.12.260 insurance not deemed compensation 53.08.170 waiver of 53.12.265 consolidation with other districts, effect 53.46.030 elections conformance to general election law 53.12.061 increase in number ballot proposition to authorize 53.12.115 ballot proposition to increase 53.12.120 commencement and term of office of additional commissioners 53.12.130 election of additional commissioners 53.12.120, 53.12.130 petition requesting 53.12.115 term of office 53.12.130 initial election of commissioners 53.04.031 insurance for benefit of 53.08.170 liability insurance 53.08.205 marginal lands, determination of status 53.25.210 number of 53.12.010 organization 53.12.245 passenger carrying vessels, commission duties 53.08.295 powers delegation of to managing official 53.12.270 how exercised 53.12.010 powers and duties 53.12.245 quorum 53.12.246 rules and regulations 53.08.220 term of office 53.12.172 ballot proposition to reduce term 53.12.175 terms of office boundary revision not to affect 53.16.030 districts covering entire county populations of one hundred thousand or more 53.12.221 toll facilities bonds and notes, person obligations of 53.34.100 vacancies 53.12.140 Community renewal agency 53.08.400 Community revitalization financing 53.08.049 Consolidation authorization 53.46.010 commissioners county auditor, principal county auditor’s duties 53.46.030 not active, procedure 53.46.050 terms 53.46.030 definitions 53.46.005 district including area from two or more counties, taxes levy and collection of taxes 53.46.090 principal county treasurer, duties 53.46.090 procedure to determine proportion of taxes 53.46.080 election for certification of 53.46.030 conduct 53.46.020 county auditor’s duties 53.46.030 [RCW Index—page 553] PORT DISTRICTS general powers of consolidated district 53.46.100 inactive commission, effect 53.46.050 indebtedness, limitations on 53.46.100 municipal corporations, establishment as 53.46.030 power 53.46.040 prior obligations 53.46.040 resolution or petition for 53.46.010 title to property of former districts 53.46.070 Contracts labor and maintenance 53.08.120, 53.08.130, 53.08.140, 53.08.150 personal service contracts Ch. 53.19 small projects 53.08.135 small works roster 53.08.120 toll facilities 53.34.020 web site, contract database 53.08.440 Coordinating agency dues and assessments 53.06.040 purposes, powers, and duties 53.06.030 Counties, adoption of regulations 53.08.220 Defense of officers, employees, or agents of in actions against exception 53.08.208 Derelict vessels 53.08.410 Dissolution commission not active, procedure 53.46.060 costs and expenses 53.48.120 definitions 53.48.010 disposition of funds, counties of sixth class 53.49.020 disposition of funds, counties with populations of from eight thousand to less than twelve thousand 53.49.010 funds, disposition in certain counties 53.49.010, 53.49.020 hearing, order of 53.48.030 inactive commission, effect 53.46.060 insolvency court finding, procedure 53.48.060 second hearing 53.48.060 order for hearing 53.48.030 petition for 53.48.020 sale of assets authority 53.48.040 disposition of proceeds 53.48.050 second hearing notice of 53.48.070 sale of property 53.48.080 when necessary 53.48.060 superior court insolvency finding 53.48.060 order of dissolution 53.48.040, 53.48.090 order of hearing 53.48.030 second hearing 53.48.060 Dissolution of inactive district effect of final order of dissolution 53.47.050 Dissolution of inactive districts chapter cumulative and nonexclusive 53.47.900 hearing on petition, notice, publication, creditor claims, determination, terms and conditions of court order if district to be dissolved 53.47.040 petition for dissolution, filing, contents 53.47.030 port district deemed inactive, when 53.47.020 purpose 53.47.010 Dockage, warehousing, and wharfage rates and charges 53.08.070 Economic development programs training, education, and improvement funding 39.84.170 Economic development programs are a public purpose 53.08.245 Elections acquisition and operation 53.04.017 annexation of territory 53.04.080, 53.04.100 bond issues canvass 39.40.030 certification of result 39.40.030 existing election laws apply 39.40.020 [RCW Index—page 554] vote required 39.40.010 commissioners, initial election of 53.04.031 conformance to general election law 53.12.061 consolidation 53.46.020, 53.46.030 formation 53.04.020, 53.04.060 name change 53.04.110 Elevators and grain bins acquisition and operation of facilities 53.08.020 eminent domain for, against district property 22.16.040 Eminent domain power of 53.08.010 for warehouses and elevators against port district property, limitation 22.16.040 Employee, officer, or agent of defense costs in action against exception 53.08.208 Employment relations, collective bargaining and arbitration agreements authorized 53.18.020 authorized provisions 53.18.050 restrictions 53.18.060 choice of employee organization criteria for 53.18.030 procedure in case of controversy 53.18.030 definitions 53.18.010 incidental powers of district 53.18.040 Energy facility site evaluation council, membership 80.50.030 Expenses of port district officers and employees, reimbursement of 53.08.175, 53.08.176 Export trading companies authority to establish, business plan to be established 53.31.030 confidentiality of records supplied by private individuals 53.31.050 definitions 53.31.020 dissolution 53.31.040 federal certificate of review authorized 53.31.060 formation 53.31.040 legislative findings 53.31.010 powers 53.31.040 Federal surplus property acquisition, See FEDERAL SURPLUS PROPERTY Federation of Washington ports authorization and purposes 53.06.070 port district association, duty to establish federation 53.06.030 Ferries, acquisition and operation of facilities 53.08.020 Fire departments performance measures definitions 53.56.020 evaluations and report, annual 53.56.040 legislative intent 53.56.010 policy, service delivery options 53.56.030 Firefighters transfer rights on annexation of port district property 53.08.360 Fiscal matters bond issues elections to authorize certification of result 39.40.030 vote required 39.40.010 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalties 39.44.101 legal sufficiency 39.44.100 funding and refunding 53.44.010 1947 act Ch. 53.44 maturity of bonds 39.44.070 refunding bonds, bankruptcy readjustment and relief from debts Ch. 39.64 registered bonds, statements and signatures 39.44.102 registration of bonds and interest coupon interest payments 39.44.120 revenue authority 53.40.010 funding and refunding 53.40.130 general provision 53.40.030, 53.40.110 irregularity of defense 53.40.120 payment restriction 53.40.040 purposes for issuance 53.40.020 sale to federal government 53.40.050 savings and loan associations, investment in 33.24.050, 33.24.060, 33.24.070 United States, sale of bonds to at private sale Ch. 39.48 validation 1947 act Ch. 53.44 budgets exclusive provisions 53.35.070 final alternate filing date 53.35.045 filing with county commissioner 53.35.040 hearing 53.35.030 preliminary hearing 53.35.030 notice 53.35.020 preparation 53.35.010 supplemental, adoption procedure 53.35.050 claims, payment 53.36.015 fiscal year 53.35.060 gross operating revenue, defined 53.12.005 indebtedness airport capital improvements 53.36.030 bankruptcy readjustment and relief from debts Ch. 39.64 limitation on tax levies, exceptions Const. Art. 7 § 2 limitations 53.36.030 limitations upon emergency public works, exceeding indebtedness permitted 39.28.030 validation 1947 act Ch. 53.44 revenue dredging, canal construction, land leveling or filling 53.36.070, 53.36.080 industrial development districts 53.36.100 tax levies dredging, canal construction, land leveling or filling purposes collection 53.36.080 limitations 53.36.070 industrial development districts 53.36.100 limitations, generally 53.36.020 toll facilities 53.34.130, 53.34.160 warrants disbursement of funds by 53.36.010 revenue, issuance 53.40.135 validation 53.40.150 Foreign trade zones, See PORT DISTRICTS, subtitle Trade zones, foreign Formation annexation of territory, elections, declaration of results 53.04.100 commissioner district description 53.04.031 commissioners, initial election of 53.04.031 declaration of 53.04.060 district less than entire county 53.04.023 election authority 53.04.020 expenses of 53.04.070 petition for 53.04.020 publication of notice 53.04.020 Freight mobility strategic investment program and board Ch. 47.06A Funds anticipation of revenue warrants 53.36.040 general fund, advancements for industrial development districts 53.25.200 incidental expense fund 53.36.060 industrial development and trade promotions Const. Art. 8 § 8 industrial development district future use 53.36.100, 53.36.110 port funds, general and special 53.36.050 revenue bond issue fund 53.40.040, 53.40.130 (2008 Ed.) PORT DISTRICTS toll facilities, revenue bonds and notes, payment 53.34.080 Grays Harbor, pilotage service 53.08.390 Gross operating revenue, defined 53.12.005 Harbor areas and harbor improvement appeals procedure 53.20.050 assessments and assessment rolls 53.20.050 authority for 53.04.010 comprehensive scheme adoption 53.20.010 following 53.20.020 dredging, tax levy for 53.36.070, 53.36.080 general authority 53.08.060 ownership of improvements 53.20.030 payment 53.20.040 petition to order 53.20.050 Harbor improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Heating systems, See HEATING SYSTEMS Heavy haul industrial corridors overweight sealed containers and vehicles 46.44.0915 Holidays 1.16.050 Improvement harbors, See PORT DISTRICTS, subtitle Harbor improvement Indebtedness bankruptcy readjustment and relief from debts Ch. 39.64 limitation on tax levies, exceptions Const. Art. 7§2 limitations Ch. 39.36, 53.36.030 limitations upon emergency public works, exceeding indebtedness permitted 39.28.030 Indebtedness, See also PORT DISTRICTS, subtitle Fiscal matters Industrial development public agency, public purpose 53.08.160 studies, investigations, surveys for 53.08.160 Industrial development and trade promotion budgeting procedures 53.36.120 expenditures for amount of funds 53.36.130 authorization for expenditures, procedure 53.36.140 authorized 53.36.120 deemed public purpose Const. Art. 8 § 8 vouchers 53.36.140 rules and regulations 53.36.140 state auditor, duties concerning 53.36.150 Industrial development districts authority for 53.25.040 boundaries, deletion of land areas 53.25.040 conditions precedent to improvement 53.25.090 eminent domain determination of marginal land status 53.25.210 power of 53.25.190 powers, general enumeration of 53.25.100 private lands, conveyance to 53.25.060 sale of property within action on determination 53.25.140 appraisal 53.25.140 authority 53.25.110 bids and bidding procedure 53.25.150 competitive bid or negotiation 53.25.140 condition of conveyance deemed covenants running with the land 53.25.120 covenants running with land 53.25.170 devotion of property to public use 53.25.120 findings and determinations 53.25.130 hearing and notice 53.25.120 restraint on alienation 53.25.160 submission of plans and specifications for development of property prerequisite to sale 53.25.120 use of property 53.25.160 tax levy for 53.36.100 tax title land conveyance to 53.25.050 trust lands 53.25.060 (2008 Ed.) trust lands cancellation of taxes 53.25.060 discharge of trust 53.25.070 reversion to county 53.25.080 Industrial development facilities mortgaging of facility 53.40.125 Industrial development projects nonrecourse revenue bonds or obligations, authorized Const. Art. 32 § 1 Industrial development revenue bonds Ch. 39.84 Industry and commerce, improvement of land for 53.08.040 Insolvency, dissolution 53.48.060 Insurance liability 36.16.138, 53.08.205 risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Interlocal cooperation, See INTERLOCAL COOPERATION Intermodal cargo movement, restrictions 53.08.290 Interstate and foreign cargo, intermodal movement of, restrictions 53.08.290 Jetties and sea walls, acquisition and operation of facilities 53.08.020 Joint districts, See PORT DISTRICTS, subtitle Consolidation Joint exercise of powers, contracts with other governmental entities 53.08.240 Labor and material contracts award of 53.08.130 bidding procedure 53.08.120, 53.08.130 bonds, when unnecessary 53.08.140 contractor’s bond 53.08.130 notice content 53.08.130 when no newspaper in county, procedure 53.08.150 small works roster 53.08.120 Land leveling or filling, tax levy for 53.36.070, 53.36.080 limitations 53.36.070 Levy industrial development district purpose 53.36.100 Local improvement districts assessment for 53.08.050 bond issuance 53.08.050 formation notice to contain statement that assessments may vary from estimates 53.08.055 power to establish 53.08.050 Local improvements and assessments, See LOCAL IMPROVEMENTS AND ASSESSMENTS Lost and found property disposition procedure 63.21.060 duties 63.21.060 Marginal lands declaration of policies and purposes 53.25.010, 53.25.020 definition of 53.25.030 determination of status for purposes of eminent domain 53.25.210 Marginal lands, See also PORT DISTRICTS, subtitle Industrial development districts Moorage facilities abandoned vessels, public sale 53.08.320 definitions 53.08.310 rules 53.08.320 Mortgage of industrial development facility 53.40.125 Motor vehicle transfer and terminal facilities, authority for 53.04.010 Motor vehicles for hire vehicles, local licensing and regulation 46.72.160, 46.72.170, Ch. 46.72A limousine and for hire vehicles, regulation Ch. 46.72A Municipal corporations, consolidated districts, establishment as 53.46.030 Names, change 53.04.110 Officer, employee, or agent of defense costs in action against exception 53.08.208 Officers and employees expenses, reimbursement of 53.08.175 regulation of, rules and regulations 53.08.176 federal old age and survivors insurance contributions 53.08.200 entitlement to coverage 53.08.180 extension of benefits 53.08.190 generally 53.08.170 state employees’ retirement system, exclusion, when 53.08.170 liability insurance 36.16.138, 53.08.205 wages and salaries 53.08.170 Ordinances and resolutions commission business 53.12.245 enforcement 53.08.220 rules and regulations 53.08.220 Park and recreation facilities approval of other agencies required, time limitation 53.08.270 authorized, when 53.08.260 Passenger carrying vessels, acquisition, maintenance and operation of 53.08.295 Permits, leases, or licenses for port districts to use toll facilities authorized 47.56.253 Personal service contracts application of chapter 53.19.070 changes in scope of work 53.19.060 compliance with chapter, penalties 53.19.050 definitions 53.19.010 emergency contracts 53.19.030 exceptions 53.19.020 intent 53.19.005 management of contracts 53.19.080 policies, commission 53.19.090 sole source contracts 53.19.040 training course 53.19.100 Plans and planning harbor improvement plans 53.20.010, 53.20.020 industrial development 53.25.090 Police officers appointment authorized, jurisdiction 53.08.280 Pollution control bonds and facilities, See POLLUTION CONTROL MUNICIPAL BONDING Pollution control facilities costs 53.08.040 payment 53.08.040 pollution control municipal bonding act as optional authority 70.95A.930 powers and duties 53.08.040 Pollution control facilities and other industrial developments actions relating to deemed in compliance with state constitution 53.08.041 Powers 53.04.010 commissions 53.12.245 incidental 53.18.040 Powers and duties commissions 53.12.010 delegation of commissioner’s administrative duties to managing official 53.12.270 Printing contracts for outside state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Promotion of facilities, studies, investigations, and surveys for 53.08.160 Property acquisition power 53.08.010 eminent domain, power of 53.08.010 gifts of 53.08.110 joint acquisition of 53.08.240 law enforcement 53.08.230 lease of authorized 53.08.080 [RCW Index—page 555] PORTER bonds, when unnecessary 53.08.140 default on failure of security 53.08.085 extension 53.08.080 security for rent, waiver permitted 53.08.085 term limitations 53.08.080 motor vehicles, regulation while on port district property 53.08.230 contract sales, terms and conditions 53.08.091 taxes and assessments against property sold by contract 53.08.092 plats of for motor vehicle and police regulation purposes 53.08.230 outside jurisdiction, development 53.08.450 sale of property 53.08.090 transfer of to adjacent district, procedure, boundary changes, jurisdiction 53.04.120 Public funds use for industrial development or trade fairs deemed public use Const. Art. 8 § 8 Public port association as coordinating agency 53.06.030 Public ports association audit of records 53.06.060 Rail transfer and terminal facilities, authority for 53.04.010 Reports required 53.06.020 Revenue bonds authority 53.40.010 funding, refunding 53.40.130 generally 53.40.110 industrial development facility may be mortgaged 53.40.125 irregularity 53.40.120 mortgage 53.40.125 purposes port district powers 53.40.020 repayment 53.40.040 sale to federal government 53.40.050 terms, rates, form, retirement 53.40.030 validation 53.40.150 Revenue warrants 53.40.135 validation 53.40.150 Rewards authority, payment 10.85.030 conflicting claims 10.85.040 payment 10.85.050 River and harbor improvement districts generally, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Rules and regulations cities and towns, effect upon 53.08.220 commissioner’s business 53.12.245 counties, effect upon 53.08.220 enforcement 53.08.220 formulation of, procedures 53.08.220 toll facilities 53.34.020, 53.34.190 Sewer and water utilities in adjacent areas, improvement of lands for industrial development 53.08.040 Sewerage systems, district powers 53.08.043 Short-term obligations Ch. 39.50 Small works projects may be contracted out 53.08.135 Small works roster 53.08.120 Streets, roads, and highways construction, improvement, or repair of road serving port authorization 53.08.330 expenditure of funds 53.08.340 Studies, investigations, and surveys, promotion of facilities 53.08.160 Subways and tramways, acquisition and operation of facilities 53.08.020 Taxation leasehold interests 53.08.045 limitation on levies, exceptions Const. Art. 7 § 2 Taxation, See also PORT DISTRICTS, subtitle Fiscal matters Taxicab companies cooperative agreements by political subdivisions for joint regulation 81.72.220 [RCW Index—page 556] local regulatory powers listed 81.72.210 Taxing district relief act Ch. 39.64 Telecommunications definitions 53.08.005 facilities 53.08.370 services 53.08.380 Terminals air transportation, authority for in districts lacking bodies of water 53.04.015 acquisition and operation of facilities 53.08.020 fishing, acquisition and operation of facilities 53.08.020 freight and passenger, acquisition and operation of facilities 53.08.020 railroad transportation, acquisition and operation of facilities 53.08.020 water transportation, acquisition and operation of facilities 53.08.020 Toll facilities authority to construct 53.34.010 bridges authority to construct 53.34.010 permits, leases, or licenses for port districts to use toll bridge facilities 47.56.253 claims against allegation in complaint 53.34.200 contracts for use of 53.34.020 electrical transmission lines along 53.34.010 ferries, permits, leases, or licenses for port districts to use ferries 47.56.253 fiscal matters notes, general provisions 53.34.060 revenue bonds and notes ad valorem taxes 53.34.130 bond holders, state interference with rights and remedies 53.34.120 covenants for 53.34.050 district and state obligations 53.34.130 district’s power to purchase 53.34.110 general authority 53.34.030 legal investments and security 53.34.150 payment, limitation to revenue 53.34.070 personal liability on 53.34.100 pledge of revenue 53.34.080, 53.34.090 registration 53.34.140 security for 53.34.040 special funds and accounts for 53.34.080 state interference, rights and remedies of bond holders 53.34.120 tax exemption 53.34.160 highway approaches, authority to construct 53.34.010 monopolies 53.34.020 property rights, power to acquire 53.34.170 public agencies contracts with 53.34.170 providing services 53.34.180 rules and regulations for 53.34.190 tax exemption, bonds and notes 53.34.160 telephone and telegraph lines along 53.34.010 tunnels authority to construct 53.34.010 permits, leases, or licenses for port districts to use 47.56.253 use contracts for 53.34.020 permits, leases, or licenses for port districts to use toll facilities 47.56.253 rules and regulations 53.34.020 Tourism promotion authorized 53.08.255 Trade centers annual service fee, distribution of for support of local government 53.29.030 authority to undertake development of 53.29.010 cooperation with other entities 53.29.030 definitions 53.29.015 establishment of 53.29.020 facilities authorized 53.29.020 liberal construction of chapter 53.29.900 power to establish 53.29.020 powers cumulative 53.29.900 purpose 53.29.010 Trade zones, foreign indebtedness for 53.08.030 operation 53.08.030 Training and education nonprofit corporations 53.06.060, 53.06.080, 53.06.090 Treasurer, county treasurer as, exception 53.36.010 Trust lands for industrial development, See PORT DISTRICTS, subtitle Industrial development districts Visitor attraction authorized 53.08.255 Warehouses, acquisition and operation of facilities 53.08.020 Water transportation, authority for 53.04.010 Watercourses and waterways improvement exemptions 53.08.060 generally 53.08.060 Watersheds cooperative agreements 53.08.420 Wharves, docks, and piers, acquisition and operation of facilities 53.08.020 PORTER (See ALCOHOLIC BEVERAGES; BEER) PORTS OF ENTRY Ballast water management Ch. 77.120 Radioactive waste 46.48.200 State patrol authority 43.43.880 POSSESSION Certificate of ownership or registration of destroyed automobile or one with different motor as evidence 46.12.070 Executions, possession during redemption period 6.23.110 Executors and administrators, property, right to 11.48.020 Fireworks unlawful, penalty 70.77.485 Landlord and tenant, possession gained without consent 59.04.050 Liens, retention of possession 60.60.010 Personal representatives, property, right to 11.48.020 POSSESSORY ACTIONS Adverse possession, See ADVERSE POSSESSION Ejectment and quieting title, see EJECTMENT AND QUIETING TITLE Forcible entry and detainer, See FORCIBLE ENTRY AND DETAINER Replevin, See REPLEVIN POST MORTEMS (See HUMAN REMAINS, subtitle Autopsies and post mortems) POSTAL SAVINGS Abandoned accounts, escheat to state Ch. 63.48 POSTING Land, unimproved, unused, unfenced right of entry 9A.52.010 Mining claims 78.08.060 Right of entry unimproved, unused, unfenced land 9A.52.010 Speed limit alterations, effective when posted 46.61.410, 46.61.415 POSTMASTER Eligible to be member of legislature, when Const. Art. 2 § 14 POSTPONEMENTS Mandamus proceedings 7.16.210 Prohibition proceedings 7.16.320 Trials, costs, payment to adverse party as condition to granting 4.84.100 POSTSECONDARY EDUCATION, COUNCIL FOR (See HIGHER (2008 Ed.) POWER OF ATTORNEY EDUCATION COORDINATING BOARD) POTATOES (See AGRICULTURE) POULTRY Brands and marks Ch. 16.57 Chickens slaughter of one thousand or fewer 69.07.103 slaughtering application of chapter, exemption Ch. 16.49 County shows admission charge 36.37.100 conduct of 36.37.110 petition 36.37.090 Eggs and egg products, See EGGS AND EGG PRODUCTS Frozen products, labeling 69.04.333 Labeling requirements, enforcement 69.04.335 Misbranding of out-of-state poultry 69.04.245 Ratites brands and marks Ch. 16.57 definitions 16.57.010 identification 16.57.420 Sale of as exempt from county peddlers’ licensing, exceptions 36.71.010, 36.71.090 Turkeys, grade labeling 69.04.334 Weights and measures 19.94.400 POWDER MAGAZINES Public nuisance, when 7.48.140 POWER COMMISSION Abolished 43.52.272 POWER FACILITIES AND RESOURCES (See also ENERGY FACILITIES) Canada joint operating agencies, negotiations with 43.52.300 Cities and towns water systems electricity generation 35.92.010, 35.92.070 water conservation 35.92.010 Columbia river sanctuary act, operating agencies and power commission provisions not to affect 43.52.440 Dams authorization 90.28.170 hydraulic projects and permits Ch. 77.55 insurance for, See INSURANCE, subtitle Marine and transportation insurance public utility districts, water rights in regard to 54.16.050 Electric power resources ecology department powers and duties 43.21A.600, 43.21A.605 Electrical generation facilities effect of facility abandonment 80.04.130 Energy supply emergencies, alerts Ch. 43.21G Federal power act licensees, exemption from state requirements 43.21A.068 Federal power commission, hydro-electric power project construction license, effect of issuance to public utility district Ch. 54.40 Federal power projects, transfer of county property to state or United States 36.34.250, 36.34.260 Fishways, flow, and screening Ch. 77.57 Geothermal energy, allocation of federal act revenues Ch. 43.140 Geothermal resources, See GEOTHERMAL RESOURCES Hydraulic projects and permits Ch. 77.55 Hydroelectric reservoir extending into British Columbia commission, powers 35.21.418 watershed agreement 35.21.417 Hydropower, comprehensive plan 90.54.800 Irrigation districts hydroelectric generation development legislative intent 87.03.013 multidistrict operating authorities, separate legal entities 87.03.018 power in regard to 87.03.015 rate fixing 87.28.090 (2008 Ed.) Joint operating agencies administrative auditor appointed by executive board 43.52.378 advancements to agency by members, interest 43.52.391 appeals 43.52.360, 43.52.430 authority and duties 43.52.260 board of directors 43.52.370, 43.52.375 bond issues bidding 43.52.343 negotiation and advertisement of 43.52.343 powers as to 43.52.3411 sale by negotiation or advertisement and bid 43.52.343 compensation 43.52.290 contracts bid form 43.52.612 definitions 43.52.250 dissolution 43.52.360 electric energy apportionment basis 43.52.380 cities and towns, purchase 35.22.705, 35.23.705, 35.27.610 cities and towns, purchase from 35.92.420 city or district contracts 43.52.410, 43.52.595 joint operating agencies, purchase from 35A.80.050 member’s preference to buy 43.52.380 surplus 43.52.380 eminent domain 43.52.300 eminent domain powers 43.52.391 executive board 43.52.374, 43.52.375 fiscal controls 43.52.375 formation 43.52.360 guidelines best interests of ratepayers govern 43.52.385 membership 43.52.360 open public meetings 43.52.383 performance audits, reports 43.52.378 powers and duties 43.52.300, 43.52.391 preservation of rights 43.52.450 public utility district properties, restriction on acquiring 43.52.391 rates, utilities and transportation commission not to govern 43.52.450 repayment of obligations 43.52.550 security force authorized 43.52.520 criminal record information use 43.52.525 retirement 43.52.535 steam, sale of 43.52.391 taxation, in lieu of taxes, amount 43.52.460 United States, contracts with for power 43.52.391 utilities and transportation commission not to govern rates or services 43.52.450 validity of organization 43.52.470 warrants, powers as to 43.52.3411 Washington public power supply system (W.P.P.S.S.) Ch. 43.52 water, sale of 43.52.391 Operating agencies fishways and fish protective devices to be maintained by 43.52.350 Privilege tax, public utility districts, imposition additional tax 54.28.020 thermal electric generating facilities additional 54.28.025 Public utility districts acquisition of property and rights 54.16.020 duty to furnish 54.04.100 federal power commission license to construct power project, effect Ch. 54.40 five commissioner districts, issuance of federal power commission license to construct project prerequisite to eligibility as Ch. 54.40 privilege tax, imposition additional tax 54.28.020 thermal electric generating facilities additional 54.28.025 regulation by utilities and transportation commission 54.04.100 restrictions when in cities and towns 54.04.040 surveys and plans for 54.16.010 wholesale power defined 54.04.100 Reclamation districts of one million acres or more Ch. 89.30 State power advisory committee, abolished, powers, duties, etc., transferred Ch. 43.27A Steam electric generating plants bonds to finance 43.21A.620, 43.21A.622, 43.21A.624, 43.21A.626, 43.21A.628, 43.21A.630, 43.21A.632, 43.21A.634, 43.21A.636, 43.21A.638, 43.21A.640 construction and operation by state 43.21A.610, 43.21A.612, 43.21A.614, 43.21A.616, 43.21A.618 limitation on state acquisition and energy distribution 43.21A.642 Water appropriation for public and industrial purposes Ch. 90.16 Water resources act electric generation facility, application to appropriate water 90.54.170 POWER LINES (See ELECTRICAL TRANSMISSION LINES) POWER OF ATTORNEY Attorneys-in-fact limitations on powers to benefit attorneys-infact 11.94.070 termination of marriage, domestic partnership 11.94.080 Community property between husband and wife 26.16.060 third person 26.16.090 Death of armed forces, merchant marines, etc., member executing affidavit of agent as to knowledge 73.20.060 does not revoke or terminate agency 73.20.050 missing in action report not construed as actual knowledge 73.20.070 provision in power of attorney for revocation not affected 73.20.080 Filing of power of attorney to convey real property 65.08.060, 65.08.070 duty of county auditor 65.04.030 Guardianships 11.94.010 Health care decisions 11.94.010 duration 11.94.043 termination or revocation 11.94.043 validity 11.94.046 Insurance companies, reciprocal insurers 48.10.120 Insurance premium finance company agreement, limitation on use 48.56.110 Natural death act 70.122.010 Probate attorney or agent granted principal’s power powers of absolute ownership, exception 11.94.050 banking transactions 11.94.030 court petition 11.94.090, 11.94.100, 11.94.110, 11.94.120, 11.94.130, 11.94.140 death, disability or incompetence of principal effect of 11.94.020 general provisions 11.94.010 homestead absolute ownership power includes right to convey or encumber 11.94.060 liability reliance of document 11.94.040 mental health treatment decisions 11.94.150 Real property recording power of attorney to convey 65.08.060, 65.08.070 duty of county auditor 65.04.030 registered land, conveyance by power of attorney 65.12.410 [RCW Index—page 557] POWER PROJECTS Recording of power of attorney to convey real property 65.08.060, 65.08.070 duty of county auditor 65.04.030 Revocation of power recording requisite for 65.08.130 where recorded, effect 65.08.130 POWER PROJECTS (See POWER FACILITIES AND RESOURCES) POWERS OF APPOINTMENT Application of chapter 11.95.070 Exercisable by deed, when releasable 11.95.010 Exercisable by will, when releasable 11.95.010 Lapse of a power 11.95.160 Lifetime exercise, outright or in trust 11.95.060 exercise in favor of holder applicability 11.95.140 cause of action 11.95.150 income distributed to spouse 11.95.120 inference of law 11.95.130 limitations 11.95.100, 11.95.110 removal or replacement 11.95.110 spousal power of appointment 11.95.120 Partial releases 11.95.020 Power in trust, imperative, when releasable 11.95.010 Releases 11.95.010 delivery 11.95.030 prior, effect 11.95.040 Rule against perpetuities 11.98.140, 11.98.150 Testamentary exercise, outright or in trust 11.95.060 exercise in favor of holder applicability 11.95.140 cause of action 11.95.150 income distributed to spouse 11.95.120 inference of law 11.95.130 limitations 11.95.100, 11.95.110 removal or replacement 11.95.110 spousal power of appointment 11.95.120 gift 11.12.250 PRACTICE AND PROCEDURE (See APPEALS; ATTACHMENT; COSTS; CRIMINAL PROCEDURE; EVIDENCE; EXECUTIONS; JUDGMENTS; JURIES AND JURORS) PRAYER Right to rely on prayer to relieve ailments not abridged 43.70.210 PRECINCTS (See also ELECTIONS) Judicial officers, inferior, exercise of powers in county, city, or precinct in which elected 2.28.090 Officers election, duties, terms, compensation provided by legislature Const. Art. 11 § 5 vacancies, how filled Const. Art. 11 § 6 PRECURSOR DRUGS (See DRUGS, subtitle Precursor drugs) PREDATORS "Coyote-getters" devices authorized 9.41.185 PREFABRICATED HOUSING (See HOUSING) PREFERENCES (See also PRIORITIES) Banks, preferences of creditors prohibited 30.44.110 Bidding rules for preference reciprocity 43.19.704 Common carriers, unreasonable preferences prohibited 81.28.190 In-state preference clauses—reciprocity bidding, rules for reciprocity 43.19.704 intent 43.19.700 list of preference statutes of other states 43.19.702 State purchasing recycled material definitions, intent 43.19.538 [RCW Index—page 558] Vending stands in public buildings, right to blind persons to operate 74.18.220 PREGNANCY Abortion defenses to prosecution 9.02.130 definitions 9.02.170 individual right to choose or refuse declared public policy 9.02.100 physician’s right to provide 9.02.110 refusal to perform 9.02.150 state regulation 9.02.140 state-provided benefits, services, or information availability 9.02.160 unauthorized, penalty 9.02.120 woman’s right to have 9.02.110 AIDS counseling 70.24.095 Alcohol and drug use treatment definitions 70.83C.010 legislative intent 70.83C.005 prevention strategies 70.83C.020 Assault, unborn quick child 9A.36.021 Birth control individual right to choose or refuse declared public policy 9.02.100 Birth defects alcohol effects, warning notice required in liquor stores 66.16.110 Birthing centers, licensing and regulation Ch. 18.46 Drug-affected babies, prenatal newborn screening Ch. 70.83E Family planning services definitions 74.09.790 eligibility and available services 74.09.800 Fetal alcohol screening and assessment services 70.96A.500, 70.96A.510 Fetal alcohol syndrome alcohol and drug use treatment associated with pregnancy definitions 70.83C.010 legislative intent 70.83C.005 prevention strategies 70.83C.020 Fetal deaths, See FETAL DEATH Maternity care access program alternative maternity care service delivery program, maternity care distressed areas 74.09.810 definitions 74.09.790 legislative power, reservation 74.09.780 loan repayment program, providers of maternity care in underserved areas 74.09.820 services and procedures, requirements 74.09.800 short title 74.09.760 system established 74.09.770 Midwifery, licensing and regulation Ch. 18.50 Paternity, See CHILDREN Postpartum depression information, outreach campaign 43.121.160 Syphilis tests 70.24.090, 70.24.100 Unintended pregnancy, interagency task force duties 43.41.905 PREJUDICE (See DISCRIMINATION; JUDGES) Administrative law judges, motion of 34.12.050 PREMEDITATION Murder, first degree, requirement 9A.32.020 PRENATAL TESTING Information provided to clients 70.54.220 PRESCHOOLS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Preschools and nursery schools) PRESCRIPTIONS (See also DRUGS, subtitle Prescription drugs; PHARMACIES AND PHARMACISTS) Adulteration, penalty 18.64.270 Cannabis, See DRUGS Confidentiality 69.41.044, 69.41.280, 69.45.090 Contact lenses, See VISION CARE Controlled substances Ch. 69.50 Cost of prescriptive medications disclosure to health care providers 18.64.430 Covers or caps on bottles or jars, safety requirements 18.64.246 Dentists, prescriptive authority 18.32.685 DMSO prescription, administration permitted 70.54.190 Electronic communication of prescriptions authorized, conditions 69.41.055, 69.50.312 Eyeglasses, See VISION CARE Generic drugs, substitution for brand name drugs coercion of pharmacist prohibited 69.41.170 definitions 69.41.110 instructions 69.41.120 liability of pharmacist or practitioner 69.41.150 manufacturing standards 69.41.140 out-of-state prescriptions 69.41.120 pharmacy board rule-making authority 69.41.180 pharmacy signs 69.41.160 preferred drug substitution 69.41.190 savings in price passed to consumer 69.41.130 when allowed 69.41.120 Health care authority assistance foundation 41.05.550 pharmacy connection program 41.05.520 price discounts, eligibility and fees 41.05.500 purchasing account 41.05.510 purchasing consortium account 70.14.070 committee, rules 70.14.060 Insurance claims preapproved individual claim may not be rejected later, recordkeeping requirements 48.20.525, 48.21.325, 48.44.465, 48.46.535 Labeling requirements 69.41.050 Laetrile certification 70.54.140 legislative declaration 70.54.130 physician’s immunity from prescribing or administering 70.54.150 prescription, administration, permitted 70.54.140 Legitimate medical purposes for issuance 69.41.040 Liability of pharmacists dispensing prescriptions, liability 18.64.275 Marijuana, See DRUGS Medication assistance in community-based settings 69.41.085 Midwives, authority to administer drugs and medications 18.50.115 Pharmacies and pharmacists, licensing and regulation Ch. 18.64 Podiatric physicians and surgeons, prescriptive authority 18.22.035 Poison prevention packaging Ch. 70.106 Precursor drugs Ch. 69.43 Prescription drug discount program repeal 43.131.404 termination 43.131.403 Prescription drug monitoring program confidentiality 70.225.040 contract, operation of program 70.225.050 definitions 70.225.010 dispensers’ duties 70.225.020 enhancement of program study 70.225.030 rules 70.225.025 subject to funding 70.225.020 violations, penalties 70.225.060 Prohibited acts 69.41.020 Recordkeeping requirements 18.64.245, 69.41.042 Requirements, exceptions 69.41.030 Seniors education, grant program 74.09.660 Triplicate prescription form program 69.50.311 Violations, penalties 69.41.072, 69.41.350 Warehousing and reselling prescription drugs (2008 Ed.) PRIVATE ENTERPRISE tax imposed 82.04.272 PRESENTMENT Tort claims against cities and towns Ch. 36.45 counties Ch. 36.45 state 4.92.100, 4.92.110 PRESERVES, STATE (See NATURAL AREA PRESERVES) PRESIDENTIAL ELECTORS (See ELECTIONS) PRESIDENTS’ DAY School holiday 28A.150.050 PRESS (See also NEWSPAPERS) Freedom of secured Const. Art. 1 § 5 PRESSURE VESSELS (See BOILERS AND PRESSURE VESSELS) PRESUMPTIONS Agricultural activities nuisance lawsuits protection reasonableness 7.48.305 Appeal of verdict reduction or increase as alternative to new trial, verdict correctness presumed 4.76.030 Community renewal property, conveyances 35.81.140 Credit cards, possession of 9A.56.140 Criminal Code degree of offense 9A.04.100 innocence 9A.04.100 Criminal proceedings doubt as to degree of offense, lowest degree must be used 9A.04.100, 10.58.020 innocence 9A.04.100, 10.58.020 law, presumptions of 10.37.150 Donation claims, ejectment and quieting title actions 7.28.280 Family relationships among immigrants in proceedings for determination of 5.44.140 Forest practices nuisance lawsuits protection reasonableness 7.48.305 Homestead validity 6.13.070 Indictments or informations, presumptions of law 10.37.150 Notice purchaser of property subject to logging lien 60.24.170 Open canal hazards, cities and towns, safeguarding 35.43.040 Publication of legal notices, affidavit of 65.16.030 Solid waste management, presumption on violation 70.95.250 Traffic infractions stopped, standing, or parked vehicles 46.63.140 PREVAILING WAGES (See WAGES) PRICE FIXING (See also UNFAIR TRADE PRACTICES) Fish marketing associations, not deemed arbitrary 24.36.070 Milk pooling act not to authorize 15.35.070 Prohibited Const. Art. 12 § 22 PRIESTS (See CLERGY) PRIMARIES (See ELECTIONS) PRINCIPAL AND AGENT (See AGENTS) PRINCIPAL AND INCOME (See PROBATE, subtitle Principal and income act) PRINTERS Tax imposed 82.04.280, 82.04.440 PRINTING (See also PUBLIC PRINTER AND PRINTING) Cities and towns, printing contracts 43.78.130, 43.78.140, 43.78.150 Colleges and universities athletic printing and concessions 28B.10.640 (2008 Ed.) PRIORITIES Assessment liens for lowland filling 35.56.100 Cargo handling liens 60.36.040 Chattel liens 60.08.030 Cities and towns sewerage system liens 35.67.200 solid waste collection and disposal systems 35.21.150 Executions attachment writ, priority where several 6.25.130 priority to redeem 6.23.070 First class cities, charter revision 35.22.190 Forcible entry and detainer, jury trials 59.12.130 Insurance company liquidation claims priority and order of distribution of claims 48.31.280 Judgment liens 4.64.020 Landlord’s lien for rent 60.72.010 Liens, employees, contributions to benefit plans 60.76.050 Liens against businesses selling prepared foods or drinks 60.34.050 Liens on boats and vessels 60.36.010 Liens on franchises, earnings, property of certain companies, receivers or assignees, payment 60.32.050 Logging liens 60.24.038 Municipal local improvements, assessment liens 35.50.010 Partition proceedings continuance of suit to determine 7.52.260 costs, priority over lien 7.52.030 distribution of proceeds from sale 7.52.220 lien creditors 7.52.170 proceedings on not to delay sale 7.52.240 security of creditor 7.52.230 Public improvement contracts, tax liens 60.28.040 Redemptions from execution sale 6.23.070 Secured transactions, persons who take priority over unperfected security interests 62A.9A301 Wages death of employer 49.56.020 executions, attachments, etc. 49.56.030 insolvency of employer 49.56.010 PRISON TERMS AND PAROLES (See PROBATION AND PAROLE; SENTENCES) PRISON WORK PROGRAMS (See CORRECTIONAL FACILITIES; CORRECTIONS, DEPARTMENT OF, subtitle Inmate work programs; subtitle Prison work programs) PRISONS AND PRISONERS (See CORRECTIONAL FACILITIES; CORRECTIONS, DEPARTMENT OF) Western interstate corrections compact Ch. 72.70 PRIVACY (See also RECORDING, ELECTRONIC) Cell phones personal numbers, disclosure protections Ch. 19.250 Child sexual assault identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 information in criminal records identifying victims is confidential 10.97.130 Conviction records state patrol employer requests 43.43.815 Court employees unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Criminal records, See CRIMINAL RECORDS PRIVACY ACT Disposal of personal information Ch. 19.215 Health care insurance patient bill of rights 48.43.500, 48.43.505, 48.43.510, 48.43.515, 48.43.520, 48.43.525, 48.43.530, 48.43.535, 48.43.540, 48.43.545, 48.43.550 personally identifiable information, release restrictions 48.43.021 Hostage or barricaded person situation telecommunications may be intercepted 9.73.030 Identity theft to improperly access financial information Ch. 9.35 Inmate work programs access of inmates to private individuals’ information 72.09.101 Intercepting private communication 9.73.030, 9.73.040, 9.73.050, 9.73.060, 9.73.080 prohibition, exceptions 9.73.070 Invasion of Ch. 9.73 Law enforcement officers unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Marriage application and records disclosure 26.04.175 Medical records access and disclosure Ch. 70.02 Motor vehicle ownership disclosure conditions and limitations 46.12.380 violations, penalties 46.12.390 Nursing home residents 74.42.070 Public assistance recipients, protection 74.20A.280 Public records act generally Ch. 42.56 Public utility records containing commercial information 80.04.095 Records release for research procedure 42.48.010, 42.48.020, 42.48.030, 42.48.040, 42.48.050, 42.48.060 Reproductive privacy, See REPRODUCTIVE PRIVACY Sexual assault of child identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 information in criminal records identifying victims is confidential 10.97.130 Sexually violent offenders dissemination of criminal history records 10.97.140 Social security numbers collection and disclosure waiver 26.23.140 federal requirement, restricted disclosure 26.23.150 Telephone solicitation automatic dialing devices, prohibited 80.36.400 regulated 80.36.390 Vital statistics, disclosure of information for research purposes 70.58.104 Wireless service personal numbers, disclosure protections Ch. 19.250 PRIVATE ACTIVITY BOND ALLOCATION (See BONDS) PRIVATE CARRIER BUS Defined 46.04.416 Flashing light 46.37.190 Overtaking or meeting 46.61.375 Stop signal 46.37.190 Stopping at railroad crossing 46.61.350 PRIVATE DEGREE-GRANTING INSTITUTIONS (See COLLEGES AND UNIVERSITIES, subtitle Private degreegranting institutions) PRIVATE DETECTIVES (See PRIVATE INVESTIGATORS) PRIVATE ENTERPRISE Cities and towns, encouragement of, community renewal projects 35.81.030 [RCW Index—page 559] PRIVATE INVESTIGATORS PRIVATE INVESTIGATORS Administrative procedure act application to acts of director 18.165.270 Agencies information on certain occurrences required 18.165.130 licenses 18.165.050, 18.165.100 Armed private investigators licenses 18.165.040, 18.165.060 Complaints against licensee or applicant immunity from suit of complainant 18.165.180 investigation 18.165.180 Definitions 18.165.010 Director of licensing’s authority 18.165.170 Exemptions from chapter requirements 18.165.020 Firearms display while soliciting clients prohibited 18.165.165 notification of law enforcement agency when firearm discharged while on duty 18.165.130 Firearms certificate program 43.101.250 Inability to practice by reason of mental or physical condition procedures 18.165.210, 18.165.220 Law enforcement insignia use of public law enforcement insignia prohibited 18.165.150 Licenses agencies assignment or transfer 18.165.050 requirements 18.165.050 surety bond or certificate of insurance required 18.165.100 applications 18.165.070 armed private investigators authority of holder 18.165.060 firearms, ownership and registration requirements 18.165.060 requirements 18.165.040 firearms certificate, requirements 43.101.250 investigation of applicant 18.165.070 license cards, issuance and use 18.165.080 requirements 18.165.030 suspension for noncompliance with support order 18.165.290 suspension for nonpayment or default on educational loan or scholarship 18.165.280 transfer 18.165.155 unlicensed practice prohibited 18.165.150 Out-of-state private investigators licensure by endorsement 18.165.140 limits on operations in Washington 18.165.120 temporary assignment in Washington, validity of out-of-state licenses 18.165.140 Preassignment training and testing 18.165.090 Regulatory provisions of chapter exclusive, authority of state and political subdivisions 18.165.110 Uniform regulation of business and professions act 18.165.300 Unprofessional conduct 18.165.160 penalties 18.165.220 Violations fines, enforcement of orders for payment 18.165.230 PRIVATE PROPERTY (See PERSONAL PROPERTY; REAL PROPERTY) PRIVATE SCHOOLS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Private schools) PRIVATE SECURITY GUARDS (See SECURITY GUARDS) PRIVATE STATUTES Prohibited in enumerated cases Const. Art. 2 § 28 PRIVATE VOCATIONAL SCHOOLS Actions prohibited without license 28C.10.090 [RCW Index—page 560] Actions resulting in jurisdiction of courts 28C.10.150 Application of chapter 28C.10.030 Complaints against investigative and remedial powers of work force training and education coordinating board 28C.10.120 Contract, enrollment enforceability of debts 28C.10.180 voidable, when 28C.10.170 Definitions 28C.10.020 Educational records permanent file, protection 28C.10.160 Enforceability of debts 28C.10.180 Enforcement of chapter 28C.10.190 Fees 28C.10.070 Injunctive relief, agency may seek 28C.10.200 Intent of chapter 28C.10.010 Interagency agreements with respect to nondegree programs 28C.10.040 Licenses actions prohibited without 28C.10.090 denial, suspension, or revocation 28C.10.050 renewal of 28C.10.060 requirements for 28C.10.060 Minimum standards 28C.10.050 Remedies and penalties, nonexclusive and cumulative 28C.10.220 Requirements suspension or modification 28C.10.100 Rules violations, civil penalties 28C.10.130 violations, criminal sanctions 28C.10.140 Suspension or modification of requirements 28C.10.100 Tuition recovery fund 28C.10.082 Tuition recovery trust fund 28C.10.084 Unfair business practices 28C.10.110, 28C.10.120 Violation of chapter unfair or deceptive practice 28C.10.210 Work force training and education, See WORK FORCE TRAINING AND EDUCATION Work force training and education coordinating board powers and duties Ch. 28C.10 PRIVILEGE TAX Public utility districts Ch. 54.28 PRIVILEGED COMMUNICATIONS (See also CONFIDENTIALITY) Christian Science practitioner 5.60.060 Clergy 5.60.060 Consent to disclosure by witness 5.60.060 Counselors 18.19.180 Domestic partners 5.60.060 Family and children’s ombudsman, office of 43.06A.085 Interpreters for the hearing or speech impaired 2.42.160 Law enforcement peer support group counselors 5.60.060 Libel, privileged communication as defense 9.58.070 Mediation proceedings communications and materials exempt from disclosure in later proceeding, exceptions 5.60.070 mediation by state or federal agency, determination of questions of privilege and confidentiality 5.60.072 Medical records access and disclosure Ch. 70.02 Nurses 5.62.010 Optometrists 18.53.200 Physicians and surgeons 5.60.060 Psychologists and clients, disclosures confidential 18.83.110 Public assistance records 74.04.060 Public officers 5.60.060 Registered nurses 5.62.020, 5.62.030 Sexual assault victims and personal representatives 5.60.060 Spouses 5.60.060 State data banks confidential or privileged information not to be impaired by inclusion in 43.105.070 Supplemental proceedings 6.32.200 PRIVILEGES Exclusive prohibited Const. Art. 1 § 12 PRIZES Promotional advertising of prizes consumer protection act, application 19.170.010 damages from deceptive act 19.170.060 definitions 19.170.020 demonstrations, seminars, or sales presentations award of prizes 19.170.040 disclosure requirements 19.170.030, 19.170.040 rain checks 19.170.040 remedies provided in chapter not exclusive 19.170.080 simulated or continuing obligations checks, prohibitions and restrictions 19.170.050 violations 19.170.070 Promotional contests of chance 9.46.0356 PROBATE Abatement of assets 11.10.010 allocation of separate and community assets 11.10.030 gift from mixed separate and community property 11.10.020 nonprobate assets 11.10.040 Absence from state, proof of will where witness absent from state 11.20.040 Absence of executor of letters testamentary or of administration procedure 11.28.040 qualification of nonresident 11.28.040 Absentee distributees agent for, appointment of 11.76.200 bond of agent 11.76.210 liability of agent 11.76.230 presumption of death 11.76.243 unclaimed estate claim made after time limitation, procedure 11.76.245 claimants to 11.76.240 heirs as claimants 11.76.243 sale, escheat 11.76.220 Absentee’s estate appointment of trustee 11.80.010 appraisement and inventory 11.80.020 bond of trustee 11.80.020 compensation of trustee 11.80.040 continuation of absentee’s business 11.80.055 family allowance, community property applied to pay 11.80.050 final accounting 11.80.060, 11.80.110 final distribution 11.80.100 grounds and conditions for administration of 11.80.010 hearing of petition for administration 11.80.010 inventory and appraisement 11.80.020 performance of absentee’s contracts 11.80.055 petition for administration of 11.80.010 provisional distribution 11.80.070, 11.80.090 removal or resignation of trustee 11.80.060 reports of trustee 11.80.030 sale or management of property 11.80.040 allowance to family from proceeds 11.80.050 termination of trusts and distribution 11.80.070 distribution, application for 11.80.080 evidence and proof 11.80.080 final distribution 11.80.110 final settlement and escheat 11.80.110 provisional distribution 11.80.090 time and conditions for 11.80.080 (2008 Ed.) PROBATE Accounting executors and administrators, chargeable with entire estate 11.48.030 final report and petition for distribution attorneys’ fees to contestant of incorrect account 11.76.070 continuance of hearing if accounting incorrect 11.76.060 liability of executor or administrator, judgment against 11.76.060 liability of sureties, judgment against 11.76.060 objections to accounting 11.76.060 personal representative, chargeable with entire estate 11.48.030 receipts or canceled checks for expenses by personal representative, necessity of 11.76.100 revocation of letters, upon 11.28.290 special administrators 11.32.060 Accrued rights and proceedings, application of chapter 117, Laws of 1974 extraordinary session 11.02.080 Actions and proceedings against personal representatives claim not acted upon, suit against executor or administrator 11.76.170 Actions and suits claim not acted on, suit against executor or administrator on bond, also creditors and distributees 11.76.170 contract, by and against executor or administrator, authority to maintain 11.48.090 conveyances of decedent to defraud creditors, action to recover property 11.48.140 limitation of actions, suspended during time of special administration 11.32.050 by personal representative bond of former executor or administrator 11.48.120 contracts 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 embezzlement 11.48.060 recovery of property 11.48.090 against personal representatives arrest and attachment to enforce judgment, availability of 11.48.200 claims and debts against estate, personal liability, when 11.76.160 contracts 11.48.090 default judgment as evidence of assets 11.48.160 execution of judgment, several personal representatives considered as one 11.48.150 judgments, several representatives considered as one 11.48.150 several considered as one for notice purposes 11.48.150 recovery of estate property, authority to maintain 11.48.090 special administrator, by 11.32.030 Actions and suits, See also PROBATE, subtitle Claims and debts against estate Adjournments of sale of estate property 11.56.070 Adjudication of intestacy and heirship, application, contents necessary 11.28.110 testacy or intestacy and heirship, notice, contents, service or mailing 11.28.330 Administrator defined 11.02.005 included in definitions of personal representative 11.02.005 Administrator, See also PROBATE, subtitle Personal representatives Adoption adopted child included in descent and distribution 11.04.035 defined as issue 11.02.005 (2008 Ed.) lawfully adopted child not an heir of his natural parents for purposes of Title 11 RCW 11.04.085 Advancements death of descendant advanced 11.04.041 defined 11.04.041 delivery of specific property to distributee before final decree, consideration of advancements 11.72.002 exceeding distributive share, no refund 11.04.041 how considered 11.04.041 less than distributive share 11.04.041 partial distribution prior to settlement conclusiveness 11.72.006 consideration of advancements 11.72.006 value, how determined 11.04.041 Agency absentee distributee, appointment of agent for 11.76.200 bond of agent for absentee distributee 11.76.210 Ancestral property, inheritance of by kindred of half blood 11.04.035 Annulment of will 11.24.040 Application of chapter 117, laws of 1974 extraordinary session to wills, proceedings, guardians, accrued rights and pre-executed instruments 11.20.080 Assets, default judgment as evidence of assets 11.48.160 Assignments contract to purchase real estate by deceased vendee 11.56.210 deed held by decedent pursuant to contract to purchase real estate 11.56.210 undivided estate 11.76.050 Attachment judgment against executor or administrator, availability of 11.48.200 moneys in hands of executor or administrator 6.27.050 Attestation foreign will 11.20.090 wills 11.12.020 Attorneys bank attorney, probate fees disallowed to or to bank 11.36.010 contestant of incorrect account entitled to attorneys’ fees 11.76.070 fees 11.48.210 when acting as personal representative 11.48.210 Award in addition to homestead, See PROBATE, subtitle Family allowances Award in lieu of homestead, See PROBATE, subtitle Family allowances Banks attorneys of, probate fees disallowed to or to bank 11.36.010 disqualified to act as executor or administrator when will drawn by 11.36.010 Bids and offers offer of increased bid on estate property 11.56.110 deposit may be in the form of cash, money order, cashier’s check or certified check 11.56.110 private sales of estate property 11.56.080 sealed bids, when received, notices 11.56.110 Bond or other security of personal representative, when not required 11.28.185 Bonds absentee distributee, bond of agent 11.76.210 corporate trustees, when not required 11.28.185 delivery of specific property to distributee before final decree, discretionary with court 11.72.002 nonresident executor or administrator 11.36.010 partial distribution prior to final settlement court may order bond 11.72.006 may be required to protect other distributees 11.72.006 partnership interests of decedent, bond of surviving partners required, when 11.64.016 reduction of 11.28.185 special administrators 11.32.020 superior courts, records to be kept 36.23.030 Borrowing on credit of estate priority in repayment 11.56.280 procedure 11.56.280 term, rate of interest, and form of note 11.56.280 Burden of proof, contest of admission or rejection of will 11.24.030 Burning, will revocation 11.12.040 Business of decedent, continuation of 11.48.025 Charitable trusts Ch. 11.110 Children adoption, See PROBATE, subtitle Adoption descent and distribution, See DESCENT AND DISTRIBUTION distribution of estate 11.76.095 family allowance, See PROBATE, subtitle Family allowances family support and postdeath creditor’s claim exemptions Ch. 11.54 final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 inheritance by 11.04.081 inheritance from 11.04.081 inheritance rights 11.04.081 omitted child 11.12.091 posthumous children considered as living for purposes of descent and distribution 11.02.005 wills capacity to make 11.12.010 Claims escheats, See PROBATE, subtitle Escheats superior courts, books to be kept 36.23.030 Claims and debts against estate actions pending at decendent’s death 11.40.110 allowance of claims, barred claims 11.40.090 claim not due, order of maturing 11.76.180 claims not acted on, suit against personal representative on bond, also against creditors and distributees 11.76.170 compromise of, authority of personal representative 11.48.130 contingent claims, procedure 11.76.190 costs of administration, priority 11.76.120 death, resignation, or removal of personal representative tolls limitations 11.40.150 debts due state, order of payment 11.76.110 debts preferred by United States law, order of payment 11.76.110 disputed claims, procedure 11.76.190 form and presentation 11.40.070 funeral expenses, order of payment 11.76.110 guardianship, See PROBATE, subtitle Guardianship judgment against decedent, effect 11.40.130 judgment claims against personal representative 11.40.120 judgment liens against real property, limitations 11.76.110, 11.76.120 last sickness expenses, order of payment 11.76.110 liability of executor or administrator personal, when 11.76.160 liability or casualty insurance, claims involving 11.40.060 monument expenses 11.76.130 payment by personal representative permitted 11.76.130 priority of payment 11.76.130 mortgage secured debts, limitation, order of payment 11.76.110, 11.76.120 notice 11.40.020, 11.40.030 [RCW Index—page 561] PROBATE notice under RCW 82.32.240 not affected 11.40.080 payment of, estate insufficient, procedure 11.76.150 personal representative as claimant 11.40.140 personal representative as defendant 11.40.110 personal representative as successor to notice agent, effect and duties 11.40.160 presentation 11.40.010 necessity of 11.40.080 purchase of claims by personal representatives 11.48.080 rank and order of payment 11.76.110 reasonably ascertainable creditor, definition and review 11.40.040 rejection of claim 11.40.100 resignation, death, or removal of personal representative, notice to creditors 11.40.150 secured claim, creditor’s right 11.40.135 taxes order of payment 11.76.110 time limits 11.40.051 uncollected debts, liability for 11.48.080 wages, order of payment 11.76.110 Codicil defined 11.02.005 revocation of will, effect on codicil 11.12.040 Community property agreements, effective upon death 26.16.120 defined 26.16.030 intestate 11.04.015 personal property, disposal by will, limitation on spouse 26.16.030 shares transfer to surviving spouse or domestic partner, requirements, corporate liability 11.02.120 subject to probate administration 11.02.070 surviving spouse or domestic partner entitled to letters testamentary 11.28.030 testamentary disposition, limitation on spouse 26.16.030 Compensation attorneys 11.48.210 personal representative 11.48.210 reduction of or denial of by court for failure to perform duties 11.48.210 Completion, declaration of contents 11.68.110 personal representative, powers retained and discharge from liability 11.68.114 Compromise, See PROBATE, subtitle Claims and debts against estate Concealment of estate property, recovery procedure 11.48.070 Contempt, surviving partners of decedent, failure to file bond 11.64.022 Continuation of decedent’s business 11.48.025 surviving partners, by, when 11.64.040 Contracts performance of decedent’s contracts 11.60.010 suits by or against personal representatives, on authority to maintain 11.48.090 Contracts to convey real property by deceased vendor, sale and conveyance conveyance, effect, what passes 11.60.040 death of person entitled to conveyance, procedure 11.60.060 hearing 11.60.030 order directing 11.56.020, 11.60.010 order of court referred to in deed 11.60.040 petition for 11.60.020 service of notice 11.60.020 what passes, effect 11.60.040 Contracts to purchase real estate by deceased vendee 11.56.180 assignment of contracts 11.56.210 rights and remedies of purchaser 11.56.210 Contributions claims filed but not acted upon 11.76.170 [RCW Index—page 562] Conveyances administrator cannot convey unless directory powers in will 11.28.070 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 fraudulent by decedent to defraud creditors, recovery action 11.48.140 performance of decedent’s contracts, including contracts for the conveyance of real property 11.60.010 recovery of property conveyed, procedure 11.48.070 Corporations, disqualified to act as executor or administrator 11.36.010 Costs executors and administrators, costs for or against 4.84.150 partial distribution prior to settlement when brought by other than personal representative 11.72.006 will contest 11.24.050 Court commissioners’ power to hear and determine matters in 2.24.040 Credit union deposits payment to surviving spouse or domestic partner 11.62.030 Creditors family support and postdeath creditor’s claim exemptions Ch. 11.54 fraudulent conveyance by decedent to defraud creditors, recovery action 11.48.140 liabilities to, special administrators 11.32.050 special administrators, liabilities to creditors 11.32.050 Crimes conviction of crime disqualifies executor or administrator 11.36.010 wills, delivery on death of testator, penalty for failure 11.20.010 Custodian of will, duty to deliver 11.20.010 Damages agreement to answer for from own estate must be in writing 11.48.040 personal representative, not liable for without fault 11.48.030 promise to pay damages of estate must be in writing to bind personal representatives 11.48.040 Death absent distributee, presumption of death 11.76.243 executor, letters of administration with will annexed on death of 11.28.060 performance of decedent’s contracts, including contracts for conveyance of real property 11.60.010 real property contract vendor, probate procedure to effect conveyance 11.56.020, 11.60.010 uniform simultaneous death act Ch. 11.05A vendor of contract to convey real property, probate procedure to effect conveyance 11.56.020, 11.60.010 witnesses to will, death of, proof of will 11.20.040 Debts leases of estate property to pay 11.56.030 mortgages of estate property to pay 11.56.020, 11.56.030 partnership interests of decedent, payment of debts 11.64.008 sales of estate property to pay 11.56.030 uncollected, liability for 11.48.080 written agreement by executor or administrator to answer damages from own estate 19.36.010 Debts, See also PROBATE, subtitle Claims and debts against estate Decrees, partial distribution prior to settlement 11.72.006 Deed to real estate held by deceased assignment of deed 11.56.210 Definitions 11.02.005 Delivery of specific property to distributee before final decree advancements, consideration of 11.72.002 bond to secure payment of debts, etc. 11.72.002 petition for 11.72.002 Descent and distribution adoption included as of the blood of an ancestor 11.04.035 advancements death of descendant advanced 11.04.041 defined 11.04.041 exceeding distributive share 11.04.041 how considered 11.04.041 less than distributive share 11.04.041 value, how determined 11.04.041 children 11.04.015, 11.04.081 inheritance by 11.04.081 inheritance from 11.04.081 community property 11.04.015 defined 26.16.030 limitation on spouse’s testamentary disposition 26.16.030 title to community real property vests immediately on death 11.04.290 debts real property title vests immediately but subject to debts 11.04.250 degree of kindred, how computed 11.04.035 degree of kinship, how computed 11.02.005 domestic partner 11.04.015 family allowance, real property title vests immediately but subject to 11.04.250 half blood, inheritance by 11.04.035 heirs, defined 11.02.005 intestate, grandparents 11.04.015 intestate community property 11.04.015 intestate real and personal property 11.04.015 issue 11.04.015 defined 11.02.005 kindred of the half blood 11.04.035 lawfully adopted child not an heir of his natural parents for purposes of Title 11 RCW 11.04.085 letters testamentary and of administration title to real property vests without issuance of 11.04.250 parents 11.04.015 real estate, defined 11.02.005 real property rents and profits, right to sue for by heirs and devisees 11.04.250 rights of heirs on vesting of title 11.04.250 title vests immediately in heirs and devisees 11.04.250, 11.04.290 representation death of advanced descendant, effect 11.04.041 defined, how computed 11.02.005 posthumous children considered as living 11.02.005 tenancies dower and courtesy abolished 11.04.060 by the entireties, abolished 11.04.071 United States savings bonds beneficiary’s survival of registered owner, effect 11.04.240 co-owner, effect of death 11.04.230 Destruction of will restraint of personal representative of previous will 11.20.080 revival of prior will 11.12.080 revocation, effect 11.12.040 Disclaimer of interests authority 11.86.021 bars to exercise of right, exception 11.86.051 contents 11.86.031 definitions 11.86.011 disposition of disclaimed interests 11.86.041 interest existing on effective date of chapter 11.86.090 (2008 Ed.) PROBATE liability for distribution of disclaimed interest 11.86.071 restriction on interest, effect 11.86.061 rights under other laws not abridged 11.86.080 time and filing requirements, fee 11.86.031 Discovery of concealed property 11.48.070 Dissolution of marriage nonprobate assets on dissolution or invalidation of marriage 11.07.010 Distribution decree of, order of adjudication of testacy or intestacy and heirship, final, when 11.28.340 Distribution, See also PROBATE, subtitle Descent and distribution Distribution before settlement delivery of specific property 11.72.002 effect 11.72.006 Doctrine of worthier title abolished, exceptions 11.12.185 Dormant accounts, savings and loan associations claim of amount transferred to dormant account fund 33.20.130 Education, See PROBATE, subtitle Guardianship Embezzlement liability for 11.48.060 recovery procedure 11.48.070 revocation of letters for 11.28.250 Encumbrances, See PROBATE, subtitle Mortgages of estate property Enforceable claims against the estate excluded from the net estate 11.02.005 Escheats 11.08.280 action to recover forfeited property 7.56.120 designation as escheated property 11.08.140 heirs, claimant, as, limitation for filing claim 11.08.240 inheritance from stepparent avoids escheat 11.04.095 institution inmates, property of care and maintenance costs at institution 11.08.111 executors and administrators, transfer to 11.08.111 funeral expenses 11.08.111 money and proceeds to state treasurer after two years 11.08.101 personal representative transfer to 11.08.111 sale of property after two years, proceeds to general fund 11.08.120 successor to deceased inmate 11.08.111 leases to department of natural resources, authority, disposition of lease income 11.08.205 notice of appearance of heirs to department of revenue 11.08.230 permanent common school fund, deposited in 11.08.210 personal property proceeds to be used first for payment of debts, liens, expenses 11.08.210 sale of 11.08.210 postal savings system account accounts presumed abandoned and to escheat to state 63.48.010 escheat proceedings brought in Thurston county 63.48.030 postal savings system accounts copy of judgment presented for payment, disposition of proceeds 63.48.050 director to request federal records 63.48.020 notice to depositors whose accounts are to be escheated 63.48.040 probate proceedings cash received by personal representative, deposit of 11.08.290 claims allowances of 11.08.210 conveyance of real property to claimant, procedure 11.08.270 (2008 Ed.) copy of order to pay funds served on department of revenue 11.08.260 heirs, appearance of, notice 11.08.230 limitation on filing claims 11.08.240 minors or incompetents, limitation of action tolled during disability 11.08.280 notice to department of revenue 11.08.170 order to pay over and deliver to claimant 11.08.250 copies of papers and pleadings to department of revenue 11.08.180 distribution of land to state 11.08.220 notice to department of revenue 11.08.170 use of property without authority, liability 11.08.200 property records maintained by department of revenue 11.08.185 public inspection, available for 11.08.185 property transferred to governmental units for park and recreation use 11.08.250, 11.08.260 public lands conveyance of real property to claimant 11.08.270 jurisdiction and supervision over real property 11.08.220 revenue, department of administration of estate waiver of right 11.08.170 payment of funds to claimant 11.08.260 probate proceedings decree, copy furnished to 11.08.220 notice to department of revenue 11.08.180 notices to department of revenue 11.08.170 supervisory powers and jurisdiction 11.08.160 transfer of property to 11.08.300 stepparent, inheritance from avoids escheat 11.04.095 superior courts, records to be kept 36.23.030 title vests immediately in state 11.08.150 Estate, liability for obligations incurred by special administrator, when 11.32.040 Estate and transfer tax Ch. 83.100 Estate and trust dispute resolution Ch. 11.96A Estate taxes lease of estate property to pay 11.56.030 mortgage of estate property to pay 11.56.030 sales of estate real property to pay 11.56.030 Estates under sixty thousand dollars affidavit for disposition of debts, instruments evidencing debt, obligation, stocks or choses in action 11.62.010 debts owed decedent, disposition 11.62.010 successor and successors, defined 11.62.010 Estates under ten thousand dollars affidavit for transfer of personal property, effect of, accountability 11.62.020 definitions 11.62.005 moneys on deposit of deceased credit union member, payment to surviving spouse or domestic partner, limitation 11.62.030 personal property transfer of by affidavit 11.62.020 Evidence default judgments 11.48.160 will contests, burden of proof 11.24.030 wills, affidavit of witnesses, effect 11.20.020 Examination of sureties 11.28.190 Executives and administrators escheats, property of institution inmates, transfer to 11.08.111 Executor de son tort 11.48.180 Executor of executor, authority to maintain action 11.48.190 Executors and administrators absence from state, procedure, probate 11.28.040 qualification of nonresidents 11.28.040 absentee’s estate, See PROBATE, subtitle Absentee’s estate accounting chargeable with whole estate 11.48.030 final report and petition for distribution 11.76.060 loss or destruction, not liable for if not in default 11.48.030 receipts for expenses by executor or administrator, necessity of 11.76.100 revocation of letters, upon 11.28.290 special administrators 11.32.060 actions and suits bond of former executor or administrator, action on 11.48.120 claim not acted on, suit against executor or administrator on bond, also creditors and distributees 11.76.170 contracts, by and against executor or administrator, authority to maintain 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 executor of executor, authority to maintain 11.48.190 against executor or administrator claim not acted on, suit against executor or administrator on bond, also creditors and distributees 11.76.170 claims and debts against estate, personal liability, when 11.76.160 contracts 11.48.090 default judgment as evidence of assets 11.48.160 delinquencies, for 11.28.300 execution, several executors or administrators considered one 11.48.150 judgments, several considered as one 11.48.150 several considered as one for notice purposes 11.48.150 by executor or administrator bond of former executor or administrator 11.48.120 contracts 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 embezzlement 11.48.060 recovery of property 11.48.090 limitations upon actions, suspended during time of special administration 11.32.050 recovery of property 11.48.090 special administrator, by 11.32.030 appointment notice of mailed or personally served to heirs and distributees 11.28.237 attachment actions against, attachment allowed 11.48.200 money in hands of 6.27.050 banks attorneys of, probate fees disallowed to or to bank 11.36.010 disqualified to act as executor or administrator when will drawn by 11.36.010 bond former executor or administrator, action on bond 11.48.120 bonds nonresidents 11.36.010 release of surety from bond, procedure 19.72.110, 19.72.130 special administrators 11.32.020 business property, continuation of, during probate 11.48.025 claims, purchase of claims by 11.48.080 compensation expenses of management allowed to 11.48.050 how fixed 11.48.210 special administrators 11.32.030 compromise of claims, authority of executor or administrator 11.48.130 [RCW Index—page 563] PROBATE continuation of decedent’s business 11.48.025 contracts, suits by or against executor or administrator on contracts, authority to maintain 11.48.090 conveyances administrator cannot convey unless directory powers in will 11.28.070 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 fraudulent by decedent to defraud creditors, recovery action 11.48.140 recovery of property conveyed, procedure 11.48.070 corporations disqualified to act as executor or administrator in probate 11.36.010 costs for or against 4.84.150 crime, conviction of crime involving moral turpitude disqualifies 11.36.010 damages agreement to answer for from own estate must be in writing 11.48.040 not liable for without default 11.48.030 death of executor, letters of administration with will annexed on death of executor 11.28.060 debts agreements to answer damages from own estate must be in writing 11.48.040 promise to pay debts of estate must be in writing to bind executor or administrator 11.48.040 defined 11.02.005 delivery of will by 11.20.010 destroyed will, restraint pending application to prove 11.20.080 discharge of closing of estate, discharge upon 11.76.050 petition for in final report 11.76.030 discovery additional property after final settlement 11.76.250 concealed or embezzled property 11.48.070 disqualification, effect 11.36.010 embezzlement action for 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 execution of judgments in name of 6.17.030 execution sale, objections to confirmation by 6.21.110 executor de son tort 11.48.180 executor of executor authority to maintain action 11.48.190 powers of 11.28.060 expenses of management allowed to 11.48.050 final report and petition for distribution accounting 11.76.060, 11.76.070 closing of estate 11.76.050 contents 11.76.030 filing of 11.76.030 hearing continuance when account incorrect 11.76.060 notice of, publication 11.76.040 time and place 11.76.040 notice mailed to heirs and distributees 11.76.040 foreign, See PROBATE, subtitle Executors and administrators, nonresidents fraudulent conveyance by decedent, recovery action 11.48.140 insane persons disqualified to act as 11.36.010 inventory and appraisement, See PROBATE, subtitle Inventory and appraisement investment in United States corporation bonds authorized 39.60.010 judicial sale, objections to confirmation by 6.21.110 letters of administration oath of administrator 11.28.170 [RCW Index—page 564] persons disqualified 11.36.010 persons entitled to 11.28.120 letters of administration with will annexed authority of administrator, limitations 11.28.070 death of executor, administration by 11.28.060 persons disqualified 11.36.010 letters testamentary absence from state procedure 11.28.040 qualification of nonresidents 11.28.040 action against for delinquencies 11.28.300 community property, surviving spouse or domestic partner entitled to letters 11.28.030 disqualification, powers of remaining executors 11.28.050 executor of executor, powers of 11.28.060 granted to 11.28.010 minor, procedure when minor is executor 11.28.040 oath 11.28.170 objections to executor 11.28.020 persons disqualified 11.36.010 refusal to act, effect 11.28.010 removal, powers of remaining executors 11.28.050 letters testamentary, See PROBATE, subtitle Letters testamentary liabilities continuation of decedent’s business, authority to incur 11.48.025 damages of estate, promise to pay by executor or administrator must be in writing 11.48.040 debts, promise to pay by executor or administrator must be in writing 11.48.040 executor de son tort 11.48.180 not liable for loss without fault 11.48.030 limitations of actions against tolled by death of one represented 4.16.200 lost will, restraint pending application to prove 11.20.080 management of property, right to 11.48.020 mentally ill person disqualified to act as executor or administrator in probate of will 11.36.010 minors disqualified to act as executor or administrator in probate 11.36.010 nonresidents may serve as, bond, service of papers, appointment of 11.36.010 personal representative includes 11.02.005 possession of property, right to 11.48.020 property of estate business property, continuation of business 11.48.025 management of 11.48.020 purchase of claims by 11.48.080 qualifications for letters and disqualifications convicts 11.36.010 corporations 11.36.010 infants and incompetents 11.36.010 nonresidents 11.36.010 real property sold by, limitation of actions to recover 4.16.070 rents and profits, receipt by 11.48.020 reports of 11.76.010 reversal of judgment tolls limitation on action 4.16.240 revocation of letters conviction of crime involving moral turpitude 11.36.010 mentally ill 11.36.010 savings and loan associations executors and administrators, may be member of 33.20.060 setoff against, effect of judgment for defendant 4.56.050 by when defendant 4.32.140 against when plaintiff 4.32.130 several considered as one for notice purposes 11.48.150 special administrators accounting by 11.32.060 actions and suits, by 11.32.030 appointment of, when 11.32.010 bond 11.32.020 compensation of 11.32.030 family allowances, by 11.32.030 liabilities to creditors 11.32.050 limitation on actions suspended during 11.32.050 powers and duties 11.32.050 sales by 11.32.030 succession by executor or administrator 11.32.040 successor personal representative, appointment 11.28.280 survival of actions personal injury action survives if injured person dies 4.20.060 wrongful death 4.20.010 trust companies attorneys of, probate fees disallowed to or to bank or trust company 11.36.010 disqualified to act as executor or administrator in probate when will drawn by 11.36.010 power to act as executor or administrator 30.08.150 will contest, notice to 11.24.020 wills delivery of will by, penalty for failure 11.20.010 lost or destroyed will, restraint of executor or administrator of previous will 11.20.080 witnesses, competency as 5.60.030 Expenses allowance 11.48.050 management 11.48.050 mortgage of estate property to pay 11.56.030 receipts or canceled checks for expenses by executor or administrator, necessity of 11.76.100 sales of real property to pay 11.56.030 Family allowances excluded from net estate 11.02.005 mortgage of estate property to pay 11.56.030 sale of real property to pay 11.56.030 special administrators, by 11.32.030 Family support and postdeath creditor’s claim exemptions award to surviving spouse, surviving domestic partner, or children conditions 11.54.030 decrease in amount 11.54.050 exempted property 11.54.080 exhaustion of estate, procedures 11.54.100 hearing 11.54.090 immunity of award 11.54.070 increase in amount 11.54.040 petition 11.54.010, 11.54.090 priority of awarded property 11.54.060 purchase or encumbrance of property, effect 11.54.060 award to surviving spouse or children amount 11.54.020 Fees attorneys 11.48.210 acting as personal representative 11.48.210 contestant of incorrect account entitled to attorneys’ fees 11.76.070 filing fees law library support 27.24.070, 27.24.090 Filing, See PROBATE, subtitle Recording Final report and petition for distribution accounting attorneys’ fees to contestant of incorrect account 11.76.070 continuance of hearing if incorrect 11.76.060 liability of executor or administrator, judgment against 11.76.060 (2008 Ed.) PROBATE objections to 11.76.060 closing of estate and discharge of personal representatives 11.76.050 contents 11.76.030 continuance when accounting of executor or administrator incorrect 11.76.060 filing of 11.76.030 hearing continuance when account incorrect 11.76.060 notice of, publication 11.76.040 procedure 11.76.050 time and place 11.76.040 liability of personal representative, judgment against 11.76.060 liability of sureties, judgment against 11.76.060 mortgage of estate property, order of 11.76.050 notice mailed to heirs and distributees 11.76.040 partition, order of 11.76.050 sale of estate property, order of 11.76.050 Financial institution, deposit of distribution of minor 11.76.095 Foreign wills 11.20.090, 11.20.100 Fraud revocation of letters for 11.28.250 wills, failing to deliver on death of testator 11.20.010 Frauds, statute of promise to pay debts 11.48.040 Fraudulent conveyances by decedent, recovery actions 11.48.140 Funeral expenses, order of payment of claims for 11.76.110 Gift distribution application of chapter 11.108.900 legislative findings, interpretations 11.108.070 Guardian nonresident as guardian 11.88.020 qualifications 11.88.020 Guardians, application of chapter 117, Laws of 1974 extraordinary session 11.02.080 Guardianship banks may act as guardian for estate of minor or mentally ill 11.36.010 bonds laws applicable to 11.88.110 brokers’ fees sale, exchange mortgage or lease of real estate 11.92.125 duty to notify 11.88.115 final report and petition for distribution, guardian for minors 11.76.080 involuntary residential placement 11.92.190 power of attorney 11.94.010 sale, exchange, mortgage or lease of real estate, brokers’ fees 11.92.125 sale of estate property confirmation effect 11.92.120 irregularities do not void sale 11.92.120 superior courts, records to be kept 36.23.030 trust companies may act as personal representative for estate of minors or mentally ill 11.36.010 Guardianship, See also GUARDIAN AND WARD Hearings absentee’s estates 11.80.010, 11.80.100 accounts 11.76.060 final report of executor 11.76.050 partition of estate 11.76.050 performance of conveyance agreement by decedent 11.60.020 petition for distribution 11.76.040 revocation of letters of administration 11.28.250 Heirs children 11.04.081 competency to witness will 11.12.160 (2008 Ed.) definition 11.02.005 escheat for want of 11.08.140 posthumous, considered as living for purposes of descent and distribution 11.02.005 unknown quieting title action against 7.28.010 real property actions 4.28.140 Homesteads rights excluded from net estate 11.02.005 Homesteads, See also PROBATE, subtitle Family allowances Husband and wife community property agreements 26.16.120 descent and distribution 11.04.015 personal property, disposal by will, limitation on spouse 26.16.030 husband’s inherited property 26.16.010 separate property, descent and distribution 11.04.015 surviving spouse or domestic partner entitled to letters testamentary 11.28.030 testamentary disposition, limitation on spouse, community property 26.16.030 wife’s inherited property 26.16.020 Incapacitated person death of administration of estate 11.88.150 Incapacitated persons final report and petition for distribution, guardian ad litem or limited guardian 11.76.080 Incompetents proof of will where witness incompetent to testify 11.20.040 Incompetents, See also PROBATE, subtitle Mentally ill Indians, proceedings do not apply to when state assumed civil jurisdiction over 37.12.060 Industrial insurance, lien for payments due 51.16.160, 51.16.170 Inheritance children, from or by 11.04.081 descent, See PROBATE, subtitle Descent and distribution posthumous children 11.02.005 Inheritance tax Ch. 83.100 Instruments nonprobate transfer at death definition and limitation 11.02.091 pre-executed, application of chapter 117, Laws of 1974 extraordinary session 11.02.080 Intent of testator, true intent, must regard 11.12.230 Intestacy descent and distribution, See PROBATE, subtitle Descent and distribution omitted child 11.12.091 omitted spouse or domestic partner 11.12.095 Inventory and appraisement additional inventory 11.44.025 appraisers compensation 11.44.070 claims against executor or administrator included in inventory 11.44.085 contradiction of inventory 11.44.035 discharge of debt in will included in inventory 11.44.090 duties of personal representative 11.44.015 failure to return inventory, effect 11.44.050 Issue defined 11.02.005 Joint tenancy, See also PROBATE, subtitle Descent and distribution Judge of superior court, powers to grant in counties within his judicial district 2.08.190 Judgment claims lien of order of payment of claim for 11.76.110 against personal representative 11.48.150 Judgments default judgment as evidence of assets 11.48.160 execution of executor, administrator, or legal representative 6.17.030 execution of judgment 6.17.030 executor or administrator, against 11.48.150 liens against real property, order of payment of claim for 11.76.110 personal representative, against 11.48.150 Jurisdiction courts, generally 2.08.010 superior courts 2.08.010, Const. Art. 4 § 6 unclaimed estates, court retains jurisdiction 11.76.247 Kinship, degree of 11.02.005, 11.04.035 Lapsed gifts 11.12.120 Last sickness expenses, order of payment of claim for 11.76.110 Leases of estate property approval of form 11.56.045 authority 11.56.045 court may order 11.56.010 debts and expenses 11.56.030 necessity 11.56.045 personal property 11.56.020 how conducted 11.56.020 notices 11.56.020 purposes or grounds for 11.56.020 purposes for expenses of administration 11.56.020 obligations of estate 11.56.020 payment of debts 11.56.020 real property expenses of administration 11.56.030 family support, for 11.56.030 inheritance taxes, to pay 11.56.030 notices 11.56.030 payment of debts, for 11.56.030 petition for lease, contents 11.56.030 purposes for 11.56.030 Letters of administration annulment of 11.28.160 application, contents necessary 11.28.110 bond before issuance form, not to fail for want of 11.28.230 new or additional 11.28.210 successive recoveries 11.28.230 cancellation of 11.28.160 execution of judgment 6.17.030 form of 11.28.140 oath of personal administrator 11.28.170 oath of personal representative 11.28.170 persons disqualified banks, when will drawn by 11.36.010 corporations 11.36.010 incompetents 11.36.010 mentally ill 11.36.010 minors 11.36.010 trust companies, when will drawn by 11.36.010 persons entitled to 11.28.120 failure to petition for letters within forty days 11.28.120 waiver by 11.28.120 petition for time limit 11.28.120 revocation of accounting and settlement 11.28.290 actions against former executor or administrator 11.28.300 appointment of successor 11.28.250 discovery of lost will 11.28.150 on discovery of lost will 11.28.150 embezzlement, for 11.28.250 fraud, for 11.28.250 hearing 11.28.250 in court or chambers 11.28.260 incompetency, for 11.28.250 lost will, discovery of 11.28.150 order of 11.28.250 powers of remaining representatives 11.28.270 waiver of 11.28.120 [RCW Index—page 565] PROBATE superior courts, records to be kept 36.23.030 sureties additional security 11.28.190 examination of 11.28.190 new or additional 11.28.210 person disqualified 11.28.220 Letters of administration with will annexed 11.36.010 authority of administrator, limitations 11.28.070 bond before issuance approval of 11.28.190 new or additional 11.28.210 conveyance of property, cannot unless directory powers in will 11.28.070 death of executor, administration by 11.28.060 discovery of will, granting upon 11.28.150 form of letters 11.28.100 issuance, generally 11.36.010 lease of property, cannot unless directory powers in will 11.28.070 mortgage of property, cannot unless directory powers in will 11.28.070 oath of personal administrator 11.28.170 oath of personal representative 11.28.170 persons disqualified banks, when will drawn by 11.36.010 conviction of a crime involving moral turpitude 11.36.010 corporations 11.36.010 incompetents 11.36.010 mentally ill 11.36.010 minors 11.36.010 trust companies, when will drawn by 11.36.010 pledge of property, cannot unless directory powers in will 11.28.070 revocation of accounting and settlement 11.28.290 actions against former personal representative 11.28.300 appointment of successor 11.28.250 embezzlement, for 11.28.250 fraud, for 11.28.250 hearing 11.28.250 incompetency, for 11.28.250 order of 11.28.250 sale of property, cannot unless directory powers in will 11.28.070 superior courts, records to be kept 36.23.030 sureties additional securities 11.28.190 examination of 11.28.190 limitation of action against 11.28.235 new or additional 11.28.210 person disqualified 11.28.220 Letters testamentary bond before issuance approval of 11.28.190 form, not to fail for want of 11.28.230 new or additional 11.28.210 successive recoveries upon 11.28.230 community property surviving spouse or domestic partner entitled to letters 11.28.030 time limit for application 11.28.030 waiver by 11.28.030 discovery of will, granting upon 11.28.150 execution of judgment 6.17.030 execution of letters 11.28.090 executors absent from state, procedure 11.28.040 action against for delinquencies 11.28.300 community property, surviving spouse or domestic partner entitled to letters 11.28.030 disqualification, powers of remaining executors 11.28.050 executor of executor, powers of 11.28.060 granted to 11.28.010 minors, disqualified 11.36.010 minors, procedure 11.28.040 [RCW Index—page 566] oath 11.28.170 objections to 11.28.020 persons disqualified 11.36.010 refusal to act, effect 11.28.010 removal, powers of remaining executors 11.28.050 executors, See also PROBATE, subtitle Personal representatives form of letters 11.28.090 personal administrators oath 11.28.170 persons disqualified 11.36.010 banks, when will drawn by 11.36.010 conviction of a crime involving moral turpitude 11.36.010 corporations 11.36.010 incompetents 11.36.010 mentally ill 11.36.010 trust companies, when will drawn by 11.36.010 revocation of accounting and settlement 11.28.290 actions against former executor or administrator 11.28.300 appointment of successor 11.28.250 embezzlement, for 11.28.250 fraud, for 11.28.250 hearing 11.28.250 in court or chambers 11.28.260 incompetency, for 11.28.250 order of 11.28.250 superior courts, books to be kept 36.23.030 sureties additional security 11.28.190 examination of 11.28.190 limitation of action against 11.28.235 new or additional 11.28.210 person disqualified as 11.28.220 Letters testamentary and of administration title to real property vests without issuance of 11.04.250 Letters testamentary or of administration new or additional 11.28.210 Liabilities continuation of decedent’s business, authority to incur liabilities 11.48.025 executor de son tort 11.48.180 Life estates future distribution or interest to heirs 11.12.180 rule in Shelley’s case abolished 11.12.180 Life insurance policy designation of trustee as beneficiary 11.98.170 Limitations actions against sureties 11.28.235 contest of admission or rejection of will 11.24.010 special administration, tolled during 11.32.050 sureties, action against 11.28.235 unclaimed estate, claim made after time limitation, procedure 11.76.245 Limited guardian appointment of, qualifications 11.88.020 nonresident as limited guardian 11.88.020 qualifications 11.88.020 Limited guardianship bonds laws applicable to 11.88.110 brokers’ fees sale, exchange, mortgage or lease of real estate 11.92.125 duty to notify 11.88.115 sale, exchange, mortgage or lease of real estate, brokers’ fees 11.92.125 sale of estate property confirmation effect 11.92.120 irregularities do not void sale 11.92.120 List of destroyed will, proof 11.20.080 Lost or destroyed will, proof destroyed will, restraint pending application to prove 11.20.080 Mail or personal service sale of estate property, bids 11.56.110 Marriage dissolution or invalidity of marriage or domestic partnership, effect on will provisions 11.12.051 Mentally ill contest of admission or rejection of will 11.24.010 personal representative, mentally ill person acting as, disqualification 11.36.010 proof of will where witness mentally ill 11.20.040 Minors capacity of minor to act as executor or administrator 11.36.010 control of court until majority 11.92.010 distribution of estate to minors 11.76.095 escheated property, time limitation for filing claims to 11.08.280 final report and petition for distribution distribution of estate to minors 11.76.095 guardian ad litem or limited guardian 11.76.080 legal age for guardianship, limited guardianship purposes 11.92.010 letters of administration with will annexed, minors disqualified 11.36.010 will contest, time of 11.24.010 Minors, transfers to Ch. 11.114 Monument expenses, payment of, personal representative may pay without order of court 11.76.130 Mortgage secured debts, order of claim for 11.76.110 Mortgaged estate, redemption 11.56.220 Mortgages of estate property administrator cannot mortgage property unless directory powers in will 11.28.070 court may order 11.56.010 debts and expenses 11.56.030 sale, etc., to pay 11.56.030 effect of mortgage on willed property 11.12.070 final report and petition for distribution, order of 11.76.050 mortgaged estate of decedent redemption of 11.56.220 sale of mortgaged estate if redemption inexpedient 11.56.240 sale or mortgage of property to effect redemption 11.56.230 partition, mortgage where not possible to partition 11.76.050 personal property how sales conducted 11.56.020 notices 11.56.020 purposes or grounds for 11.56.020 purposes for expenses of administration 11.56.020 obligations of estate 11.56.020 payment of debts 11.56.020 redeem mortgaged estate 11.56.230 real property effect 11.56.040 encumbrance, effect of 11.56.040 expenses of administration 11.56.030 family support, for 11.56.030 inheritance taxes, to pay 11.56.030 notices 11.56.030 order directing 11.56.040 payment of debts, for 11.56.030 petition for sale, contents 11.56.030 procedure 11.56.040 purposes for 11.56.030 redeem mortgaged estate, for 11.56.230 Negligence, revocation of letters for 11.28.250 Net estate defined 11.02.005 social security benefits, payment direct to survivors or secretary of social and health services 11.66.010 Nonintervention powers (2008 Ed.) PROBATE closing estate, notice, hearing, fees 11.68.100 estate, closing of alternative decrees 11.68.100 fees 11.68.100 hearing 11.68.100 notice 11.68.100 not deemed waived, when 11.68.120 personal representative restriction or removal 11.68.070 waived, not deemed to be, when 11.68.120 Nonintervention will, See PROBATE, subtitle Settlement without administration Nonjudicial resolution of disputes 11.108.900 Nonprobate assets abatement of assets 11.10.040 defined 11.02.005 dissolution or invalidation of marriage 11.07.010 liability of beneficiary 11.18.200 termination of domestic partnership 11.07.010 testamentary disposition Ch. 11.11 transfer at death definition and limitation 11.02.091 written instrument of transfer definition and limitation 11.02.091 Nonprobate settlement of creditor claims allowance of claims 11.42.090 allowance or rejection of claims 11.42.080 claims against decedent, time limits 11.42.050 execution barred on decedent’s death, effect 11.42.120 form and presentation of claim 11.42.070 liability or casualty insurance, limitations on claims involving 11.42.060 limitation tolled by vacancy in office of notice agent 11.42.140 notice agent, effect of judgment against 11.42.110 notice agent or beneficiary claim, payment 11.42.130 notice to creditors 11.42.010, 11.42.020, 11.42.030 personal representative, appointment and duties 11.42.150 property liable for claims limits 11.42.085 reasonably ascertainable creditor, definition and review 11.42.040 rejection of claims 11.42.100 secured claim, creditor’s right 11.42.125 Nonresidents absentee’s estate, See PROBATE, subtitle Absentee’s estate as guardian 11.88.020 may serve as executor or administrator, bond, service of papers, appointment of 11.36.010 Notices adjudication of testacy or intestacy and heirship, contents, service or mailing 11.28.330 application for partial distribution prior to final settlement 11.72.006 appointment of personal representative 11.28.237 auction sales of estate property 11.56.060 community property, notice of third person applying to administer 11.28.030 decedent’s conveyance agreement, notice of hearing on petition for performance of 11.60.020 escheat, appearance of heirs, notice of to department of revenue 11.08.230 escheat property, probate 11.08.170 final report and petition for distribution, notice mailed to heirs and distributees 11.76.040 lease of estate property 11.56.020, 11.56.030 mortgage of estate property 11.56.030 mortgaged property, notice of sale 11.56.240 pendency of probate 11.28.237 petition for distribution, notices mailed 11.76.040 postponement of sales of real property 11.56.070 (2008 Ed.) private sales of estate real property 11.56.080 resale of estate real property 11.56.100 sales of estate property 11.56.020, 11.56.060 several executors or administrators considered as one for notice purposes 11.48.150 special notice of proceedings in probate, request 11.28.240 sureties on bond of executor or administrator, notice of examination 11.28.190 Nuncupative will, real property cannot be devised by 11.12.025 Oaths absentee distributee, agent for, oath 11.76.210 absentees’ estates, trustee 11.80.020 personal representative 11.28.170 Objections final report, to 11.76.050 petition for distribution 11.76.050 Omitted child 11.12.091 Omitted spouse or domestic partner 11.12.095 Order of adjudication of testacy or intestacy and heirship, final decree of distribution, when 11.28.340 Orders lease of estate property 11.56.045 mortgage of estate property, order directing 11.56.040 replacement of records lost or destroyed 5.48.060 revocation of letters testamentary or of administration 11.28.250 wills 11.20.020 Partial distribution prior to final settlement advancements, consideration of 11.72.006 costs 11.72.006 decree of 11.72.006 hearing 11.72.006 costs when application by other than personal representative 11.72.006 notice of application for 11.72.006 petition for by other than personal representative 11.72.006 by personal representative 11.72.006 procedure, bonds, etc. 11.72.006 resistance to 11.72.006 Partition, order of in hearing following final report and petition for distribution 11.76.050 Partnership interests of decedent accounting by surviving partners contempt for failure to account 11.64.022 procedure on failure to account 11.64.022 bond failure to file, contempt 11.64.022 receiver, appointment of on failure to file bond 11.64.022 requirement of, when 11.64.016 continuation of business by surviving partners, agreement with estate 11.64.040 continuation of possession 11.64.008 inventory and appraisement 11.64.002 contempt for failure to file 11.64.022 procedure on failure to file 11.64.022 payment of debts 11.64.008 purchase by the surviving partners, procedure 11.64.030 receiver appointment of, when 11.64.022 costs and expenses, how paid 11.64.022 security by surviving partners 11.64.016 settlement of business 11.64.008 waste by surviving partners, security required 11.64.016 Performance of decedent’s contract convey real property by deceased vendor, sale and conveyance 11.60.030 hearing 11.60.030 order directing 11.60.010 petition for 11.60.020 service of notice 11.60.020 Perpetuities, See RULE AGAINST PERPETUITIES Personal property, See PROBATE, subtitle Property Personal representative letters of administration oath of personal representative 11.28.170 letters testamentary oath 11.28.170 oath 11.28.170 Personal representative with nonintervention powers, restriction or removal 11.68.070 Personal representatives accounting chargeable with whole estate 11.48.030 final report and petition for distribution 11.76.060 loss or destruction, not liable for if not in default 11.48.030 receipts for canceled checks for expenses by personal representative, necessity of 11.76.100 revocation of letters, upon 11.28.290 actions and suits bond of former personal representative, action on 11.48.120 claim not acted on, suit against personal representatives on bond, also creditors and distributees 11.76.170 contracts, by and against personal representatives, authority to maintain 11.48.090 conveyance by decedent to defraud creditors, recovery of property 11.48.140 execution, several personal representatives considered as one 11.48.150 judgments, several personal representatives considered as one 11.48.150 against personal representative delinquencies, for 11.28.300 by personal representative conveyance by decedent to defraud creditors, recovery of property 11.48.140 against personal representatives claim not acted on, suit against personal representatives on bond, also creditors and distributees 11.76.170 claims and debts against estate, personal liability, when 11.76.160 contracts 11.48.090 default judgment as evidence of assets 11.48.160 by personal representatives bond of former personal representatives 11.48.120 contracts 11.48.090 embezzlement 11.48.060 recovery of property 11.48.090 recovery of property 11.48.090 additional compensation 11.48.210 attachment, actions against, attachment allowed 11.48.200 authority to exchange estate property 11.56.005 banks attorney of, probate fees disallowed to or to bank 11.36.010 disqualified to act as personal representative when will drawn by 11.36.010 bond former personal representatives, action on bond 11.48.120 nonresidents 11.36.010 when not required 11.28.185 borrowing on general credit of estate 11.56.280 business property, continuation of during probate 11.48.025 claims, purchase of claims by 11.48.080 compensation additional compensation 11.48.210 deduction or denial of by order of court for failure to discharge duties 11.48.210 [RCW Index—page 567] PROBATE expenses of management allowed to 11.48.050 how fixed 11.48.210 compromise of claims, authority of personal representatives 11.48.130 concealment of estate property, recovery procedure 11.48.070 continuation of decedent’s business 11.48.025 contracts performance of decedent’s contracts 11.60.010 suits by or against personal representatives on contracts, authority to maintain 11.48.090 conversion, action for 11.48.090 conveyances fraudulent by decedent to defraud creditors, recovery action 11.48.140 recovery of property conveyed, procedure 11.48.070 convictions, persons convicted of crime involving moral turpitude disqualified to serve as 11.36.010 corporations disqualified to act as, in probate 11.36.010 corporations whose shareholders are exclusively attorneys may act as 11.36.010 cost of administering the estate, priority 11.76.110 crime, conviction of, involving moral turpitude disqualifies 11.36.010 damages agreement to answer for from own estate must be in writing 11.48.040 not liable for without fault 11.48.030 death, resignation, or removal of personal representative, new notice to creditors 11.40.150 debts agreements to answer damages from own estate must be in writing 11.48.040 promise to pay debts of estate must be in writing to bind personal representatives 11.48.040 uncollected, liability for 11.48.080 defined as including executors, administrators, special administrators and guardians 11.02.005 discharge of closing estate, discharge upon 11.76.050 petition for in final report 11.76.030 discovery additional property after final settlement 11.76.250 concealed or embezzled property 11.48.070 disqualification, effect 11.36.010 embezzlement action for 11.48.060 liability for 11.48.060 recovery of embezzled property, procedure 11.48.070 escheats, property of institution inmates, transfer to 11.08.111 executor de son tort 11.48.180 expenses of management allowed to 11.48.050 fees intent to pay, special notice of 11.28.240 final report and petition for distribution accounting 11.76.060, 11.76.070 closing of estate 11.76.050 contents 11.76.030 filing of 11.76.030 hearing continuance when account incorrect 11.76.060 notice of, publication 11.76.040 time and place 11.76.040 notice mailed to heirs and distributees 11.76.040 fraudulent conveyance by decedent, recovery action 11.48.140 insane persons disqualified to act as 11.36.010 [RCW Index—page 568] inventory and appraisal of partnership interests of decedent 11.64.002 inventory and appraisement duties 11.44.015 letters of administration persons disqualified 11.36.010 letters of administration with will annexed, persons disqualified 11.36.010 letters testamentary action against for delinquencies 11.28.300 persons disqualified 11.36.010 liabilities continuation of decedent’s business, authority to incur 11.48.025 damages of estate, promise to pay by personal representative must be in writing 11.48.040 debts, promise to pay by personal representative must be in writing 11.48.040 executor de son tort 11.48.180 not liable for loss without fault 11.48.030 lost will, restraint pending application to prove 11.20.080 management of property, right to 11.48.020 mentally ill person disqualified to act as personal representative in probate of will 11.36.010 minors disqualified to act as executor or administrator in probate 11.36.010 personal representative in probate 11.36.010 monument expenses, payment of 11.76.110 mutual savings bank 32.08.210 nonresident appointment of agent for service of 11.36.010 may serve as, bond, service of papers, appointment of 11.36.010 possession of property, right to 11.48.020 powers and duties 11.48.010 property of estate business property, continuation of business 11.48.025 management of 11.48.020 purchase of claims by 11.48.080 qualifications for letters and disqualifications convicts 11.36.010 corporations 11.36.010 infants and incompetents 11.36.010 nonresident 11.36.010 rents and profits, receipt by 11.48.020 reports of, annual interim report 11.76.010 revocation of letters conviction of crime involving moral turpitude 11.36.010 mentally ill 11.36.010 special representative included 11.02.005 successor, appointment 11.28.280 trust companies attorneys of, probate fees disallowed to or to bank or trust company 11.36.010 disqualified to act as personal representative in probate when will drawn by 11.36.010 wills contests, notice to 11.24.020 lost or destroyed will, restraint of personal representative of previous will 11.20.080 Personal representatives, See also PERSONAL REPRESENTATIVES Petition for general letters of administration or letters of administration with will annexed, surviving spouse or domestic partner, notice to, or waiver 11.28.131 Petitions absentee distributee 11.76.245 absentee’s estates, petition for trustee 11.80.010 contest of admission or rejection of will 11.24.010 contracts to convey real property by deceased vendor, petition for 11.60.020 family allowances 11.80.050 lease of estate property 11.56.030 letters of administration, for 11.28.120 mortgage of estate property 11.56.030 performance of decedent’s contracts 11.60.020 sale of estate property, contents 11.56.030 settlement, final report and petition for distribution 11.76.050 Pledge of property, administrator cannot pledge property unless directory powers in will 11.28.070 Postponement of sale of real property 11.56.070 Power of attorney attorney or agent granted principal’s power powers of absolute ownership, exception 11.94.050 banking transactions 11.94.030 court petition 11.94.090, 11.94.100, 11.94.110, 11.94.120, 11.94.130, 11.94.140 death, disability or incompetence effect of 11.94.020 general provisions 11.94.010 guardianships 11.94.010 homestead absolute ownership power includes right to convey or encumber 11.94.060 liability reliance of document 11.94.040 limitations on powers to benefit attorneys-infact 11.94.070 mental health treatment decisions 11.94.150 termination of marriage, domestic partnership 11.94.080 Powers of appointment testamentary exercise, outright or in trust 11.95.060 exercise in favor of holder applicability 11.95.140 cause of action 11.95.150 income distributed to spouse 11.95.120 inference of law 11.95.130 limitations 11.95.100, 11.95.110 removal or replacement 11.95.110 spousal power of appointment 11.95.120 Presumptions absentee distributee, death of 11.76.243 will execution 11.12.020 Principal and income act of 2002 Ch. 11.104A Proof of wills, See PROBATE, subtitle Wills Property authority to exchange 11.56.005 business property, continuation of 11.48.025 coroner holding, disposition 36.24.130, 36.24.140, 36.24.150 descent and distribution, See PROBATE, subtitle Descent and distribution discovered after final settlement, letters may issue 11.76.250 exchanges, procedure 11.56.005 institution inmates, See PROBATE, subtitle Escheats management of 11.48.020 petition of personal representative for 11.56.005 possession of 11.48.020 sale of, See PROBATE, subtitle Sales of estate property settlement of estate, See PROBATE, subtitle Settlement Rank and order of payment of claims against estate 11.76.110 Real and personal property, intestate 11.04.015 Real property contracts to convey real property by deceased vendor, procedure to effect conveyance 11.60.010 nuncupative wills, real estate cannot be devised by 11.12.025 performance of decedent’s contracts, including contracts for the conveyance of real property 11.60.010 (2008 Ed.) PROBATE Real property, See also PROBATE, subtitle Mortgages of estate property; PROBATE, subtitle Sales of estate property descent and distribution, See PROBATE, subtitle Descent and distribution Receiver, partnership interests of decedent, appointment of, when 11.64.022 Recording final report and petition for distribution 11.76.030 foreign will, record of probate 11.20.090 will record as evidence 11.20.060 wills 11.20.050, 11.20.060 Records lost or destroyed, replacement 5.48.060 Redemption mortgage of estate property to redeem mortgaged estate 11.56.230 mortgaged estate of decedent 11.56.220 Registered land, probate may direct sale of 65.12.590 Remainders and reversions doctrine of worthier title abolished, exceptions 11.12.185 future distribution or interest to heirs 11.12.180 rule in Shelley’s case abolished 11.12.180 Rents and profits absentee’s estate, rents applied to maintenance of 11.80.040 receipt by executor or administrator during probate 11.48.020 right of heirs and devisees to sue for on vesting of title 11.04.250 Reopen an estate notice of petition for 11.28.240 Report personal representatives, annual interim report 11.76.010 Report, See also PROBATE, subtitle Final report and petition for distribution Representation, See PROBATE, subtitle Descent and distribution Resignation absentee’s estates, trustee 11.80.060 Resignation of personal representative accounting and settlement 11.28.290 action against former personal representative 11.28.300 administration by letters with will annexed 11.28.060 Revival of prior will 11.12.080 Revocation of letters accounting and settlement 11.28.290 action against former executor or administrator 11.28.300 appointment of successor 11.28.250 conviction of crime involving moral turpitude 11.36.010 embezzlement, for 11.28.250 fraud, for 11.28.250 hearing 11.28.250 incompetency, for 11.28.250 lost will found 11.28.150 mentally ill 11.36.010 order of 11.28.250 powers of remaining personal representatives 11.28.270 Revocation of will 11.12.040 Rule against perpetuities, See RULE AGAINST PERPETUITIES Rule in Shelley’s case abolished 11.12.180 Safe deposit repository lease provisions ineffective to create joint tenancy or ownership transfer at death 11.02.130 Sale of real estate, negotiation permitted 11.56.020 Sales of estate property court may order 11.56.010 debts and expenses 11.56.030 directed by will 11.56.250 final report and petition for distribution, order of sale 11.76.050 (2008 Ed.) general administrator cannot sell unless directory powers in will 11.28.070 minimum price 11.56.090 sale by negotiation 11.56.090 mortgaged property 11.56.240 notices private sales 11.56.080 resale 11.56.100 sale by negotiation 11.56.100 personal property auction, may be at 11.56.020 how sales conducted 11.56.020 notices 11.56.020 purposes or grounds for 11.56.020 purposes for expenses of administration 11.56.020 obligations of estate 11.56.020 payment of debts 11.56.020 redeem mortgaged estate 11.56.230 real property adjournments of sale 11.56.070 appraisement 11.56.090 approval of sale 11.56.100 auction sales notices, publication 11.56.060 time and place 11.56.060 bids and offers offer of increased bid 11.56.110 private sales 11.56.080 sealed bids, when accepted, notices 11.56.110 broker’s fee and closing costs 11.56.265 confirmation 11.56.100 conclusiveness of 11.56.115 conveyance upon 11.56.120 effect 11.56.115 fraud as grounds for attack 11.56.115 contracts to convey real property by deceased vendor, sale and conveyance 11.56.020, 11.60.010 contracts to purchase real estate by deceased vendee 11.56.180 assignment of contract 11.56.210 deed held by deceased vendee, assignment 11.56.210 rights and remedies of purchaser 11.56.210 estate taxes, to pay 11.56.030 expenses of administration, to pay 11.56.030 generally devised property sold before specifically devised property 11.56.050 mortgaged property 11.56.240 by negotiation 11.56.090 notices 11.56.030, 11.56.060 auction sales 11.56.060 postponements of sale 11.56.070 order directing sale 11.56.050 payment of debts, for 11.56.030 performance of decedent’s contracts, including contracts for the conveyance of real property 11.60.010 petition for sale, contents 11.56.030 postponements 11.56.070 private sales bids and offers 11.56.080 minimum price 11.56.090 notice 11.56.080 time and place 11.56.080 purposes for 11.56.030 reappraisement 11.56.090 redeem mortgaged estate, for 11.56.230 resale 11.56.100 return of sale 11.56.100 support of family, for 11.56.030 time and place 11.56.060 recovery of, limitations of actions for 4.16.070 special administrator, by 11.32.030 unclaimed estate 11.76.220 will, directed by 11.56.250 Sales of registered land, probate court may direct sale of 65.12.590 Service of process and papers claims against estate 11.40.010 Setoff defendant executors and administrators, by 4.32.140 plaintiff executors and administrators, against 4.32.130 Settlement absentee distributees agent for, appointment of 11.76.200 bond of agent 11.76.210 liability of agent 11.76.230 unclaimed estate claim made after time limitation, procedure 11.76.245 claimants to 11.76.240 heirs as claimants 11.76.243 sale, escheat 11.76.220 absentee distributions court retains jurisdiction 11.76.247 annual report of personal representative contents 11.76.010 filing of 11.76.010 discharge of executor or administrator closing estate, discharge upon 11.76.050 petition for in final report 11.76.030 discharge of personal representative, closing estate, discharge upon 11.76.050 distribution before settlement, See PROBATE, subtitle Distribution before settlement final report and petition for distribution accounting continuance of hearing if incorrect 11.76.060 liability of executor or administrator, judgment against 11.76.060 liability of sureties, judgment against 11.76.060 objections to 11.76.060 attorneys’ fees to contestant of incorrect account 11.76.070 closing of estate 11.76.050 contents 11.76.030 continuance when accounting of executor or administrator incorrect 11.76.060 filing of 11.76.030 hearing continuance when account incorrect 11.76.060 notice of, publication 11.76.040 procedure 11.76.050 time and place 11.76.040 mortgage of estate property, order of 11.76.050 notice mailed to heirs and distributees 11.76.040 petition, order of 11.76.050 sale of estate property, order of 11.76.050 incapacitated persons, guardian ad litem or limited guardian 11.76.080 letters after final settlement 11.76.250 minors distribution of estate to 11.76.095 guardian ad litem or limited guardian 11.76.080 receipts or canceled checks for payment of expenses by personal representative, necessity of 11.76.100 report of executor or administrator contents 11.76.010 filing of 11.76.010 hearing on 11.76.020 interim reports 11.76.010 notice of hearing, necessity 11.76.020 Settlement without court intervention completion of probate, declaration 11.68.110, 11.68.114 conditions 11.68.011 co-personal representative, powers 11.68.095 final distribution 11.68.112 hearing on petition 11.68.021 insolvency of estate, procedures 11.68.080 objections, restrictions 11.68.050 personal representative, scope of powers under nonintervention will 11.68.090 [RCW Index—page 569] PROBATE personal representative’s death, resignation, or disablement, powers of successor 11.68.060 petition for nonintervention powers 11.68.011, 11.68.041 report on affairs of estate, petition by beneficiary 11.68.065 Shares joint issuance or transfer, presumption of joint tenancy 11.02.110 spouse or domestic partner 11.02.100 transfer to surviving spouse or domestic partner, requirements, corporate liability 11.02.120 Signatures wills 11.12.020, 11.12.030 Simultaneous death act, uniform definitions 11.05A.010 evidence of death or status 11.05A.050 exceptions 11.05A.060 liability 11.05A.070 minimum survival requirement 11.05A.020, 11.05A.030, 11.05A.040 Slayers, inheritance from victim prohibited Ch. 11.84 Social security benefits payment direct to survivors or secretary of social and health services 11.66.010 Special administrators accounting by 11.32.060 actions and suits, by 11.32.030 appointment of, when 11.32.010 bond 11.32.020 compensation of 11.32.030 defined 11.02.005 family allowances, by 11.32.030 included in definition of personal representative 11.02.005 liabilities to creditors 11.32.050 liability of estate for obligations incurred by 11.32.040 power, limitations, when 11.32.030 powers and duties 11.32.030 sales by 11.32.030 succession by executor or administrator 11.32.040 term, restricted, when 11.32.030 Special representative defined 11.02.005 Specific performance contracts to convey real property by deceased vendor, enforcement by 11.60.010 performance of decedent’s contracts 11.60.010 Spouse omitted spouse or domestic partner 11.12.095 Statute of frauds, executor or administrator promise to pay damages from own estate must be in writing 11.48.040 Stepchildren, inheritance by, no escheat 11.04.095 Succession, See PROBATE, subtitle Descent and distribution Superior court, jurisdiction of Const. Art. 4 § 6 Sureties additional security 11.28.190 examination of 11.28.190 limitation of action against 11.28.235 new or additional 11.28.190 persons disqualified 11.28.220 Surviving spouse family support and postdeath creditor’s claim exemptions Ch. 11.54 Surviving spouse, See also PROBATE, subtitle Husband and wife Surviving spouse or domestic partner payment to of moneys on deposit of deceased credit union members, limitation 11.62.030 petition or waiver for general letters of administration or letters of administration with will annexed 11.28.131 Survivorship, See PROBATE, subtitle Descent and distribution [RCW Index—page 570] Taxes order of payment of claim for 11.76.110 Taxes, See also PROBATE, subtitle Inheritance taxes inheritance taxes, See PROBATE, subtitle Inheritance taxes Tenancies, See PROBATE, subtitle Descent and distribution Testacy or intestacy and heirship adjudication, notice, contents, service or mailing 11.28.330 final decree of distribution, when 11.28.340 Time limitations, See PROBATE, subtitle Limitations Transfer on death security registration transfer is not testamentary but effective by reason of contract between owner of security and registering entity 21.35.045 Transfers nonprobate transfer at death definition and limitation 11.02.091 written instrument of transfer definition and limitation 11.02.091 Trust act Ch. 11.98 Trust and estate dispute resolution Ch. 11.96A Trust company attorney, probate fees disallowed to or to trust company 11.36.010 Trustees qualifications 11.36.021 Trusts gifts to trusts, validity 11.12.250 mutual savings bank acting as trustee 32.08.210 rule against perpetuities 11.98.160 Unclaimed estate claim made after time limitation, procedure 11.76.245 claimants to 11.76.240 heirs as claimants 11.76.243 Undivided estate, See PROBATE, subtitle Partition Wage claims order of payment of claims 11.76.110 payment 49.48.120 preferences on death of employer 49.56.020 Waste, surviving partners committing, security required 11.64.016 Will omitted child 11.12.091 Wills abatement of assets 11.10.010 allocation of separate and community assets 11.10.030 gift from mixed separate and community property 11.10.020 nonprobate assets 11.10.040 absence of witness, proof of will 11.20.040 affidavit of witnesses to will, effect as evidence 11.20.020 annulment 11.24.040 application for probate 11.20.020 application of chapter 117, Laws of 1974 extraordinary session 11.02.080 capacity to make 11.12.010, 26.28.015 codicils, effect of revocation of will on 11.12.040 codicils, included 11.02.005 community personal property, limitation on spouse 26.16.030 community property agreement 26.16.120 construction intent of testator controls 11.12.230 will includes codicils 11.02.005 contest of admission or rejection annulment of will 11.24.040 burden of proof 11.24.030 costs assessment of 11.24.050 attorneys’ fees as part of 11.24.050 petition for 11.24.010, 11.24.020 revocation of probate 11.24.040 conveyance of property bequeathed, agreement to convey does not revoke will 11.12.060 death of grandparents’ issue before that of grantor rights of issue 11.12.110 defined 11.02.005 delivery by custodian on death of testator, penalty for failure 11.20.010 discovery of will, granting letters testamentary upon finding 11.28.150 dissolution or invalidity of marriage or domestic partnership, effect on will provisions 11.12.051 doctrine of worthier title abolished, exceptions 11.12.185 encumbered property devisee takes subject to 11.12.070 does not effect a revocation 11.12.070 executors and administrators delivery of will by executor, failure, penalty 11.20.010 restraint of during time lost or destroyed will being proved 11.20.080 filing 11.20.050 foreign wills admission, proof 11.20.090 laws applicable to 11.20.100 hearing, time for 11.20.020 incompetency of witness, proof of will 11.20.040 intent of testator controls 11.12.230 interest 11.12.220 lapsed gifts 11.12.120 letters of administration with will annexed, See PROBATE, subtitle Letters of administration with will annexed letters testamentary, See PROBATE, subtitle Letters testamentary life insurance policy designation of trustee as beneficiary 11.98.170 lost or destroyed discovery of will, granting letters testamentary upon finding 11.28.150 replacement of recorded, filed, or probated wills 5.48.060 restraint of executor or administrator of previous will 11.20.080 lost or destroyed will, proof of 11.20.070 mortgaged property devisee takes subject to 11.12.070 does not effect a revocation 11.12.070 nonintervention, See PROBATE, subtitle Settlement without administration nuncupative wills proof 11.12.025 real estate cannot be devised by 11.12.025 requisites 11.12.025 omitted spouse or domestic partner 11.12.095 order or decree 11.20.020 personal representatives restraint of during time lost or destroyed will being proved 11.20.080 personal representatives, See also PROBATE, subtitle Personal representatives proof of lost or destroyed will 11.20.070 real property doctrine of worthier title abolished, exceptions 11.12.185 estates acquired after will made 11.12.190 life estates 11.12.180 nuncupative will, cannot be devised by 11.12.025 what passes 11.12.170 recording 11.20.050 record as evidence 11.20.060 requisites 11.12.020 revival 11.12.080 revocation codicils, effect of revocation on 11.12.040 (2008 Ed.) PROCESS conveyance, agreement to convey bequeathed property does not revoke will 11.12.060 dissolution or invalidity of marriage or domestic partnership 11.12.051 encumbrance, does not revoke will 11.12.070 how effected 11.12.040 partial 11.12.040 revival of prior will 11.12.080 testamentary trusts 11.12.250 revocation of probate 11.24.040 rule in Shelley’s case abolished 11.12.180 sales of estate property, when directed by will 11.56.250 signing for testator or testatrix, requisites for validity 11.12.030 testamentary disposition of nonprobate assets Ch. 11.11 testamentary trusts rule against perpetuities 11.98.160 validity 11.12.250 testimony, record of 11.20.020 trusts, gifts to, validity 11.12.250 who may make 11.12.010 witnesses affidavit of, effect 11.20.020 incompetency, inability to testify, or absence from state, proof of will 11.20.040 insane, deceased, in service, or missing in action, etc., proof 11.20.040 interested witness 11.12.160 not able to attend, certification of attestation 11.20.030 PROBATION AND PAROLE (See also SENTENCES) Assessment fee authority of judge of court of limited jurisdiction to levy 10.64.120 Assistance for parolees, work/training release, and discharged prisoners absconders’ funds 9.95.340 accounting 9.95.350 agreement by recipient to repay 9.95.370 community services revolving fund, uses 9.95.340, 9.95.360 expenditures authorized, contributions accepted 9.95.330 terms and conditions 9.95.320 Bonds 9.95.210 Civil rights, restoration of Ch. 9.96 Clemency and pardons board established, membership, expenses, staff 9.94A.880 petition for review recommendation to governor 9.94A.885 Conditions that may be imposed on probationer 9.95.210 County probation and parole services 36.01.070 Court authorized to grant or deny 9.95.200 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Discharge counseling and community adjustment help 9.94A.637 Dismissal of information or indictment after probation completed 9.95.240 District courts offender supervision by another state 3.66.140 termination of probation 3.66.069 Drug fund, contribution to 9.95.210 Duration of confinement revocation and reconsideration due to rule infraction 9.95.080 time credits for good behavior 9.95.070 Earned release time prohibited, exceptions 9.94A.728, 9.94A.7281, 9.94A.7282 specialized training requirement 9.94A.580 Electronic monitoring 9.95.210 (2008 Ed.) Employment rights, restoration upon release 9.96A.020 Felony offenses committed after July 1, 1984 72.04A.900 Fines, payment of 9.95.210 Imprisonment in county jail 9.95.210 Indeterminate sentence review board, See SENTENCES, subtitle Indeterminate sentence review board Investigation by secretary of corrections 9.95.200 Juvenile offenders, consolidated juvenile offenders purpose 13.06.010 Juvenile offenders, consolidated juvenile services rules and regulations governing 13.06.030 state aid computation of 13.06.050 state aid for 13.06.020 application 13.06.040 Kidnapping offenders registration notice to offender at release 72.09.330 Misdemeanant probationers assessment for cost of supervision 9.95.214 county supervision 9.95.204, 9.95.206 supervision standards 9.95.212 Misdemeanors probation department oversight committee, membership and duties 10.64.120 probation services assessment for services 10.64.120 Municipal courts offender supervision by another state 3.50.355 termination 3.50.340 Officers 9.95.250 Out-of-state supervision of probationers, uniform act 9.95.270 Parole authority to grant 9.95.110 governor may revoke 9.95.160 life term prisoners 9.95.115 records of parolees, requirements 9.95.140 return of parole violators from out-of-state, deputizing out-of-state officers 9.95.280, 9.95.290, 9.95.300 revocation, on-site hearing 9.95.121, 9.95.122, 9.95.124, 9.95.125, 9.95.126 revocation or violations, on-site hearings 9.95.123 rule-making authority 9.95.150 violations, procedures 9.95.120 violator deemed escapee, when 9.95.130 Parole hold facilities, financial responsibility 70.48.420 Parolees assessments 72.04A.120 supervision by department of corrections, progress reports 72.04A.080 Payment of costs 9.95.210 Plans and recommendations for supervision of parolees 72.04A.070 Prison terms and paroles, board of transfer of powers and duties 72.04A.050 Reporting requirements 9.95.210 Restitution 9.95.210 Revocation of probation 9.95.230 Sentencing reform act Ch. 9.94A Sex offenders treatment 9.94A.810, 9.94A.820 Supervision by another state 3.50.355, 3.66.140 assessments 9.94A.780 Termination of probation justice and inferior courts 3.66.069 municipal courts 3.50.340 Termination of probation and discharge of probationer 9.95.230 Violation of probation, rearrest and imprisonment 9.95.220 Violations arrest and detention 72.04A.090 procedural rules, adoption 72.04A.090 revision of parole conditions 72.04A.090 PROBATION COUNSELORS Municipal courts, appointment 35.20.230 PROCEEDINGS (See SUPPLEMENTAL PROCEEDINGS; TRIALS) PROCEEDINGS, STAY OF (See STAY OF PROCEEDINGS) PROCESS (See also SUBPOENAS; SUMMONS) Abuse of process 9.62.020 Community renewal property, exemption from 35.81.120 Courts, implied powers 2.28.150 Courts of limited jurisdiction traffic infractions statewide authority to issue 46.63.130 District judges failure to execute process, civil penalty 12.04.190 return of 12.04.070 failure to make or false, civil penalty 12.04.190 service of 12.04.050, 12.04.060 sheriff’s duties 12.04.070 style of 12.04.050 subpoena, form of 12.04.201 Enforcement power of courts to enforce 2.28.010 Fake or false process, serving, penalty 9.12.010 Forms of district court 12.04.050 Joint debtors, against, after judgment, pleading component 4.68.050 Legislators privileged from, when Const. Art. 2 § 16 Lost or destroyed replacement of probate records 5.48.060 substitution of copy authorized 5.48.010 Municipal courts 35.20.110 Out-of-state witnesses testifying in this state, exemption from arrest and service of process 10.55.100 Personal service of 4.28.080 Process servers, see SERVICE OF PROCESS AND PAPERS, subtitle Process servers Prohibition, power of superior court to issue writ of on Sunday 2.08.010 Service of, See SERVICE OF PROCESS AND PAPERS Sheriffs, duty in regard to 36.28.010 State courts may have served on lands of United States Const. Art. 25 § 1 Style of Const. Art. 4 § 27 Subpoenas contempt, failure to attend 5.56.061 court commissioners power to issue 2.24.040 district judges form of 12.04.201 form of in district judges civil action 12.04.201 referee’s power to issue 4.48.060 supplemental proceedings 6.32.180 witnesses failure to attend contempt 5.56.061 Summons ejectment and quieting title actions, service by publication 7.28.010 joint debtors, against, after judgment affidavit to accompany 4.68.030 contents 4.68.020 procedure 4.68.010 service of 4.68.020 new parties 4.08.140 service of actions against state 4.92.020 commences action district judges civil proceedings 12.04.020, 12.04.050 [RCW Index—page 571] PROCESS SERVERS domestic corporation without officer within state 4.28.090 how served 4.28.080 out-of-state parties 4.28.180 acts submitting to state jurisdiction 4.28.185 personal service 4.28.080 publication, by 4.28.110 contents 4.28.110 form of 4.28.110 right to appear, defend or reopen 4.28.200 unknown heirs 4.28.140 when authorized 4.28.100 Superior courts authority of extends throughout state Const. Art. 4 § 6 execution, by sheriff 2.08.220 jurisdictional extent 2.08.210 territorial extent 2.08.210, Const. Art. 4 § 6 Supreme court 2.04.050 Traffic infractions courts of limited jurisdiction 46.63.130 Warrants, See also WARRANTS PROCESS SERVERS (See also SERVICE OF PROCESS AND PAPERS) Registration and regulation Ch. 18.180 Registration process 36.22.210 PROCESSED Authentication by seal, how affixed 5.44.130 PROCESSORS Tax imposed 82.04.280, 82.04.440 PROCLAMATIONS Governor elections, power to issue 43.06.010 expense of publishing, payment 43.06.060 State of emergency, See STATE OF EMERGENCY PROCREATION Prevention as punishment for carnal knowledge 9.92.100 PRODUCT LIABILITY ACTIONS Definitions 7.72.010 Delivery 7.72.060 Food and beverage consumption 7.72.070 Length of time product sellers are subject to liability 7.72.060 Liability of manufacturers 7.72.030 product sellers other than manufacturers 7.72.040 Relevance of industry custom, technological feasibility, and standards 7.72.050 Scope 7.72.020 Useful safe life 7.72.060 PRODUCT LIMITING Combination for, prohibited Const. Art. 12 § 22 PRODUCTION CREDIT ASSOCIATIONS Investments in stock or participation certificates of, authorized 30.04.375 PRODUCTIVITY BOARD Administration 41.60.020 Administrative costs, appropriations for 41.60.050 Definitions 41.60.010 Duties 41.60.020 Eligibility criteria 41.60.160 Employee involvement and recognition board Ch. 41.60 Employee recognition awards 41.60.150 Employee suggestion program amount of awards 41.60.041 contests to encourage participation 41.60.080 defined 41.60.010 determination of award 41.60.030 program requirements 41.60.020 Incentive pay program not part of retirement calculation 41.60.140 Membership and terms 41.60.015 Teamwork incentive program [RCW Index—page 572] application procedure 41.60.100 award distribution 41.60.120 defined 41.60.010 evaluation of savings 41.60.110 qualifications for award 41.60.110 PROFESSIONAL EDUCATOR STANDARDS BOARD (See SCHOOLS AND SCHOOL DISTRICTS) PROFESSIONAL FUND RAISER (See CHARITABLE SOLICITATIONS) PROFESSIONAL LICENSING (See LICENSES) PROFESSIONAL NEGLIGENCE Actions and proceedings limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Acupuncturists standard of proof 4.24.290 Chiropractor actions and proceedings limitation on 4.16.350 Chiropractors actions and proceedings standard of proof, evidence, exception 4.24.290 Dentist actions and proceedings limitation on 4.16.350 Dentists actions and proceedings standard of proof, evidence, exception 4.24.290 Health care practitioners disciplinary proceedings, immunity, damages, process 4.24.250 Health maintenance organizations actions and proceedings limitations on 4.16.350 Hospital personnel actions and proceedings limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Hospitals actions and proceedings limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Injuries resulting from health care declaration of modification of procedure 7.70.010 Medical attorneys’ fees 7.70.070 burden of proof 7.70.030 compensation by a defendant health provider 7.70.080 compensation from other sources 7.70.080 consent to treatment 7.70.060 elements of proof 7.70.040 informed consent, elements 7.70.050 Medical malpractice 7.70.010, 7.70.020, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Nurses actions and proceedings standard of proof, evidence, exception 4.24.290 Nursing homes actions and proceedings limitations on 4.16.350 Opticians actions and proceedings limitations on 4.16.350 Optometrists actions and proceedings limitation on 4.16.350 Osteopathic physician actions and proceedings limitations on 4.16.350 Osteopathic physicians actions and proceedings standard of proof, evidence, exception 4.24.290 Osteopathic physician’s assistant actions and proceedings limitations on 4.16.350 Pharmacist actions and proceedings limitations on 4.16.350 Physical therapists actions and proceedings limitations on 4.16.350 Physicians and surgeons actions and proceedings limitation on 4.16.350 standard of proof, evidence, exception 4.24.290 Physician’s assistant actions and proceedings limitations on 4.16.350 Physician’s trained mobile intensive care paramedic actions and proceedings limitations on 4.16.350 Podiatric physicians and surgeons actions and proceedings limitations on 4.16.350 Podiatrists actions and proceedings standard of proof, evidence, exception 4.24.290 Practical nurse actions and proceedings limitation on 4.16.350 Psychologist actions and proceedings limitations on 4.16.350 Registered nurse actions and proceedings limitation on 4.16.350 Uniform regulation of business and professions act Ch. 18.235 PROFESSIONAL SERVICE CORPORATIONS (See CORPORATIONS, subtitle Professional service corporations) PROFITEERING Antiprofiteering revolving funds 9A.82.110 Bars on certain prosecutions 9A.82.085 Civil remedies 9A.82.100 Collection of an unlawful debt 9A.82.045 Crime victims’ compensation forfeiture and payments used to promote 9A.82.110 Criminal profiteering distribution of recovered assets 43.10.270 Criminal profiteering cases attorney general assistance to local law enforcement agencies 43.10.260 Definitions 9A.82.010 Extortionate extension of credit 9A.82.020, 9A.82.030, 9A.82.040 Financial institution records inspection and copying 9A.82.170 wrongful disclosure 9A.82.170 Forfeitures and payments deposited in the public safety and education account 9A.82.110 Leading organized crime 9A.82.060 Lien, profiteering notice 9A.82.140 procedure 9A.82.120 trustee of real property 9A.82.130 conveyance of property by, liability 9A.82.150 failure to comply 9A.82.160 Procedures by persons injured 9A.82.100 Proceeds enterprise or reality, controlling 9A.82.080 use of 9A.82.080 Public safety and education account forfeitures and payments deposited in 9A.82.110 (2008 Ed.) PROSECUTING ATTORNEYS Remedies 9A.82.100 Restraining orders 9A.82.090, 9A.82.100 Sporting event, influencing outcome 9A.82.070 Trafficking in stolen property 9A.82.050, 9A.82.055 PROFITS (See EARNINGS AND PROFITS) PROHIBITION, WRIT OF Affidavit, issued on 7.16.300, 7.16.320 Alternative writs contents 7.16.310, 7.16.320 issued, when 7.16.320 Answer 7.16.320 Appeals county board of adjustment 36.70.890 Application for by affidavit 7.16.300, 7.16.320 Costs execution for 7.16.320 judgment for 7.16.320 Court of appeals, limitation on jurisdiction 2.06.030 Courts, jurisdiction to issue 7.16.300, 7.16.320 Damages execution for 7.16.320 judgment for 7.16.320 Default writs prohibited 7.16.320 Definitions judgment 7.16.020 mandamus provisions applicable 7.16.320 motion 7.16.020 order 7.16.020 prohibition, defined 7.16.290 Determination of damages 7.16.320 issues of fact 7.16.320 District courts, jurisdiction to issue prohibited 7.16.300 Enforcement of writ 7.16.320 Executions for damages and costs 7.16.320 Fines, enforcement of writ 7.16.320 Form alternative writs 7.16.310, 7.16.320 peremptory writs 7.16.310, 7.16.320 Grounds 7.16.300, 7.16.320 Hearings 7.16.320 required 7.16.320 time of 7.16.330 Holidays, issuance on 2.08.010 Issuance on nonjudicial days Const. Art. 4 § 6 Judgments damages and costs, for 7.16.320 peremptory 7.16.320 Justice courts, jurisdiction to issue prohibited 7.16.320 Legal holidays, hearing applications and issuance 2.08.010, 2.28.100 Mandamus provisions applicable 7.16.320 Motions, enforcement of writ 7.16.320 Municipal courts, jurisdiction to issue prohibited 7.16.300 Nonjudicial days, writs may be served on Const. Art. 4 § 6 Notice of application 7.16.320 Orders, enforcement of writ 7.16.320 Parties, designation of 7.16.010 Penalties, enforcement of writ 7.16.320 Peremptory writs contents 7.16.310, 7.16.320 issued, when 7.16.320 judgments of 7.16.320 Police courts, jurisdiction to issue prohibited 7.16.320 Returnable, when 7.16.330 Rules of practice 7.16.340 Service of writ 7.16.320 Show cause 7.16.320 State agency action reviewable under administrative procedure act or land use petition act inapplicability of chapter 7.16.360 Superior courts’ power to issue 2.08.010, Const. Art. 4 § 6 Supreme court jurisdiction as to 2.04.010 (2008 Ed.) Supreme court power to issue Const. Art. 4 § 4 Verdict, certification of 7.16.320 PROMISE Executors and administrators promises to pay debts of estate must be in writing 11.48.040 Limitation of actions, new promise 4.16.280 Personal representatives promise to pay debts of estate must be in writing 11.48.040 Probate, promise to pay damages of estate or debts of estate must be in writing to bind executor or administrator 11.48.040 PROMISSORY NOTES (See also NEGOTIABLE INSTRUMENTS, subtitle Promissory notes) Medical service liens, giving of, effect 60.44.040 PROOF (See EVIDENCE) PROPANE (See OIL AND GAS, subtitle Propane) PROPERTY (See also PERSONAL PROPERTY; REAL PROPERTY) Community property, See COMMUNITY PROPERTY Damage, injury to Ch. 9A.48 Defined, for Criminal Code 9A.04.110 Deprivation without due process of law prohibited Const. Art. 1 § 3 Discrimination, freedom from, rights enumerated 49.60.030 Lost and found, See LOST AND FOUND PROPERTY Malicious destruction of property during state of emergency, penalty 43.06.230 Minors, transfers to Ch. 11.114 Port districts, transfer of to adjacent district, procedures, boundary changes, jurisdiction 53.04.120 Possessing stolen property defined 9A.56.140 first degree 9A.56.150 State of emergency, malicious destruction of property during, penalty 43.06.230 Survey recording generally Ch. 58.09 Survey recording, See also SURVEY RECORDING Taking for private use prohibited, exception Const. Art. 1 § 16 Transfer of property or contracts for use for park and recreational purposes 39.33.060 Unclaimed, See LOST AND FOUND PROPERTY Unused property merchants Ch. 19.210 Water-sewer districts sale of unnecessary property, procedure 57.08.015, 57.08.016 PROPERTY RIGHTS—DAMAGE FROM GOVERNMENT ACTIONS (See REAL PROPERTY, subtitle Injury to, due to governmental action) PROPERTY TAXES (See TAXES PROPERTY) PROPORTIONAL REGISTRATION (See MOTOR VEHICLES, subtitle Reciprocal or proportional registration) PROPRIETARY SCHOOLS Employment services offered by, See EMPLOYMENT AGENCIES PROSECUTING ATTORNEYS AA class counties, private law practice prohibited, when 36.27.060 Administrative programs, coordination, generally Ch. 36.47 Advertising, action against false, untrue, or deceptive advertising practices 9.04.060 Attorney general advice and assistance to 43.10.030 concurrent prosecution authority, court determination in conflict 43.10.234 criminal laws, failure to enforce, powers and duties of attorney general 43.10.090 deemed to be 10.01.190 investigation and prosecution of crimes, concurrent authority, when authorized, costs 43.10.232 Bail forfeiture, action by prosecuting attorney 10.19.110 Boundary review board, counsel for 36.93.070 Bugging 9.73.040, 9.73.050, 9.73.060, 9.73.080 prohibition, exceptions 9.73.070 Charging standards 9.94A.401, 9.94A.411 Child abuse reporting annual report 26.44.075 duties 26.44.030 records maintained by agencies 26.44.035 response by more than one agency, procedure for coordination 26.44.035 Child support establishment, enforcement, and modification of support orders, authority 74.20.220 representation of financial interest and actions of state, authority 74.20.220 Child support duties, See PUBLIC ASSISTANCE, subtitle Support of dependent children A class counties, private law practice prohibited, when 36.27.060 Compensation Const. Art. 11 § 5 Condemnation proceedings, rights of way for counties, roads and bridges 36.85.010 Controlled substances, See DRUGS Coroner, acting as 36.16.030 Corruption in office, removable by legislature Const. Art. 4 § 9 Cost bills in felony cases, prosecuting attorney to examine 10.46.220 Counties first class, private law practice 36.27.060 fourth class counties and above, private law practice prohibited, when 36.27.060 County legislative authority, special attorneys, employment, contract duration 36.32.200 County roads and bridges, dikes and diking districts, condemnation proceedings, duties 36.81.110 County with population of eighteen thousand or more, private law practice prohibited, when 36.27.060 Criminal cases, appellate review attorney general role 43.10.250 Criminally insane or developmentally disabled involuntary commitment furloughs, application for temporary restraining order 10.77.163 furloughs, to receive notice 10.77.163 Death, release or withholding of information 68.50.300 Death certificates 70.58.170, 70.58.180 Defined 36.27.005 Deputies and special deputies appointment 36.27.040 authority 36.27.040 county with population of eighteen thousand or more, private law practice prohibited, when 36.27.060 Diking and drainage improvement districts, duties 85.08.670 Disability of, procedure 36.27.030 Disposition form and report annual audit to see if transmitted to state patrol 10.98.100 defined 10.98.040 felony conviction disposition form and report transmit to corrections department 10.98.090 send to state patrol 10.98.090 state patrol sole recipient for federal transmission 10.98.070 transmitted by local law enforcement officers 10.98.050 District court districting committee member 3.38.010 [RCW Index—page 573] PROSECUTIONS Domestic violence information to be furnished to victim 10.99.060 Driving record, abstract of authority to obtain 46.52.130 Drug prosecution assistance program advisory committee 36.27.110 creation 36.27.100 operations 36.27.120 Duties generally 36.27.020 legislature to prescribe Const. Art. 11 § 5 Educational service districts, provide legal services for 28A.310.400 Elections canvassing board member for bond issue elections 39.40.030 legislature to provide for Const. Art. 11 § 5 Elective officer, enumeration as 36.16.030 Elevators, lifting devices, and moving walks injunction for operation without permit brought by 70.87.140 Eligibility for office 36.27.010 Eminent domain by county duties Ch. 8.08 Emoluments, special, prohibitions 36.27.050 Ex officio coroner 36.16.030 Extradition application for requisition for return of person 10.88.410 duties concerning 10.88.230 Fourth class counties, private law practice prohibited, when 36.27.060 Grand jury criminal investigation, duty to attend and advise 10.27.070 special deputies 36.27.040 Health, department of prosecution of violations, duty to assist 43.70.100 HIV test results, disclosure to victim of sexual offense 70.24.105 Illegal use of county road or city street funds, prosecutor to bring charge 47.08.100 Indeterminate sentences classification of inmates prosecutor’s statement 9.95.028 prosecutor’s statement of facts concerning convicted person 9.95.031 delivery of statement 9.95.032 statement of facts about convicted person to be given board by sentencing judge and prosecutor 9.95.030 Injunctions against obscene materials authorized to commence action 7.42.020 nonliability for costs and damages 7.42.050 Installment sales of goods and services, prosecuting attorney may bring action to prevent violations 63.14.190 Insurance code, representation of commissioner 48.02.080 Juvenile court, duties 13.04.093 Juveniles offenses (crimes) charging decisions, considerations 13.40.070 firearms special allegation 13.40.196 recommended prosecuting standards for charging and plea dispositions 13.40.077 Law library trustee in counties of less than eight thousand population 27.24.068 Law practice prohibitions 36.27.060 Legal interns, employment of, authorized 36.27.045 Malicious prosecution claims by prosecuting attorneys 4.24.350 Mental illness patients hospital charges, collection 43.20B.370 Minors, approval of baseball contracts 67.04.110 Mistake or misfeasance of land registration personnel defense of 65.12.690 Motor freight carriers, prosecuting attorneys to prosecute violators 81.80.330 Offices, location 36.27.070 [RCW Index—page 574] Official bonds amount 36.16.050 filing 36.16.060 Penalties, statutory, limitation of actions by 4.16.115 Platting, subdivision and dedication of land, enforcement of 58.17.190 Plea agreements court approval or disapproval 9.94A.431 criminal history, submission to court 9.94A.441 discussions, contents of agreement 9.94A.421 Plea disposition standards 9.94A.401, 9.94A.411, 9.94A.450 sentencing recommendation 9.94A.460 Police investigations 9.94A.411 Preliminary hearings duties 10.16.110 Private law practice, prohibitions 2.48.200, 36.27.060 Private vocational schools, duties concerning 28C.10.190 Prosecuting standards evidentiary sufficiency 9.94A.411 Public disclosure, enforcement of chapter 42.17.400 Quo warranto proceedings annulment or vacation of patent, certificate or deed 7.56.150 escheats and forfeitures, recovery of 7.56.120 information may be filed by, when 7.56.020 information requisites on ground of usurpation of office 7.56.040 judgments against corporations 7.56.110 Removal for incompetency, corruption, etc., rights of one accused Const. Art. 4 § 9 Rendition of accused persons act to investigate validity of affidavits and documents and ascertain identity and authority of designated agent 10.91.010 investigation report 10.91.030 Report of child abuse Ch. 26.44 Restitution, duty to investigate as alternative to fine 9A.20.030 Restrictions on practice of law by 2.48.200 Second class counties, private law practice prohibited, when 36.27.060 Sexual assault prosecution training 43.101.270 Standards for charging and plea dispositions 9.94A.401, 9.94A.411 State identification number state patrol to furnish 10.98.080 Statement regarding convicted criminal defendant 9.95.028 Statements concerning convicted person to be furnished to indeterminate sentence review board 9.95.031 Statewide special inquiry judge act duties 10.29.120 Third class counties, private law practice prohibited, when 36.27.060 Tracking of felony cases department of corrections to maintain records 10.98.110 Vehicle unfair practices act, enforcement 46.70.220 Vital statistics, duty to enforce laws of 70.58.050 Wage collection for aggrieved employee 49.48.050 Water rights and use, duties 90.03.100 Wiretaps 9.73.040, 9.73.050, 9.73.060, 9.73.080 illegal drug transactions violations investigation and prosecution 9.73.240 prohibition, exceptions 9.73.070 PROSECUTIONS Attempts, solicitation, or conspiracy to commit a felony defined by statute outside Criminal Code 9A.28.010 Bar to compromise of misdemeanor bar to another prosecution for same offense 10.22.020 criminal investigations grand jury, immunity from prosecution of witnesses 10.27.130 special inquiry judge, immunity from prosecution of witnesses 10.27.130 discharging defendant to give evidence for codefendant, bars subsequent prosecution 10.46.110 discharging defendant to give evidence for state, bars subsequent prosecution 10.46.110 former conviction or acquittal Ch. 10.43 immunity from prosecution of witnesses, not excused from giving self-incriminating testimony if given immunity from prosecution 10.52.090 Burglary intent inference of 9A.52.040 Conducted in name of state Const. Art. 4 § 27 Defenses entrapment 9A.16.070 Deferred prosecution program Ch. 10.05 Dismissal of information or indictment after probation completed, prior conviction may be used in subsequent prosecution 9.95.240 Duress, as a defense 9A.16.060 Entrapment, as a defense 9A.16.070 Failure of, dismissal grounds 4.56.120 Felonies, determination of degree for felonies defined by statute outside the Criminal Code 9A.20.040 Immunity from criminal investigations grand jury, witnesses not excused from giving self-incriminating testimony 10.27.130 special inquiry judge, witnesses not excused from giving self-incriminating testimony 10.27.130 discharging defendant to give evidence for codefendant, bars subsequent prosecution 10.46.110 discharging defendant to give evidence for state, bars subsequent prosecution 10.46.110 public officers obeying habeas corpus writ 7.36.180 self-incrimination, See SELFINCRIMINATION witnesses not excused from giving selfincriminating testimony if given immunity from prosecution 10.52.090 Information or indictment, by Const. Art. 1 § 25 Juvenile offenses 13.40.070, 13.40.080, 13.40.085, 13.40.090, 13.40.100, 13.40.110, 13.40.120, 13.40.140 firearms special allegation 13.40.196 Malicious prosecution 9.62.010, 9.62.020 Officials’ delinquencies, prosecutions directed to attorney general by state auditor 43.09.050 Plea dispositions 9.94A.450 sentencing recommendations 9.94A.460 Police investigations 9.94A.411 Prosecuting standards evidentiary sufficiency 9.94A.411 Standards evidentiary sufficiency decisions to prosecute 9.94A.411 police investigation 9.94A.411 guidance purposes 9.94A.401 plea dispositions 9.94A.450 sentencing recommendations 9.94A.460 State of emergency prosecution of as persons sixteen years and over as adults who violate provisions of 43.06.260 violators of 43.06.260 Theft defense 9A.56.020 (2008 Ed.) PUBLIC ASSISTANCE Unavoidable casualty or misfortune preventing, vacation or modification of superior court judgment or order ground 4.72.010 petition, by 4.72.030 PROSPECTING (See MINES AND MINING) PROSPECTUS Corporate, falsity in, penalty 9.24.050 Insurance advertising, organization of insurers, filing with commissioner 48.06.040 PROSTHETIC SERVICES (See ORTHOTIC AND PROSTHETIC SERVICES) PROSTITUTION Moral nuisances, See NUISANCES, subtitle Moral nuisances PROTECTION ORDERS (See RESTRAINING ORDERS) PROXY (See also CORPORATIONS, subtitle Proxy voting) Bond issues of first class cities, issuance by proxy Ch. 35.36 Insurance holders of, examination of 48.03.020 members, domestic mutuals 48.09.150 PSYCHIATRISTS (See PHYSICIANS AND SURGEONS) PSYCHOLOGISTS Applicability of chapter 18.83.200 Certifications of qualification 18.83.105 Continuing education requirements 18.83.090 Definitions 18.83.010 Disclosure of information to client 18.83.115 Ethics code board to adopt 18.83.050 Examinations 18.83.070, 18.83.072 Examining board of psychology applicant conference 18.83.072 compensation and expenses 18.83.051 composition and terms 18.83.035 meetings 18.83.045 notice to professional organizations of disciplinary action 18.83.155 powers and duties 18.83.050, 18.83.135 Exemptions 18.83.200 Immune from civil action when charging another member with incompetency or gross misconduct 4.24.250 Immunity from prosecution performance of duty on review committee 4.24.240 Insurance disability services included 48.20.412 group disability, coverage extended to include 48.21.144 Licenses fees and procedures 18.83.060 grandfathered 18.83.070 issuance and display 18.83.080 oral examination, license without 18.83.170 qualifications of applicants 18.83.070 renewal, fee 18.83.090 required 18.83.020 temporary permit 18.83.082 Malpractice actions for injuries resulting from 7.70.010, 7.70.030, 7.70.040, 7.70.050, 7.70.060, 7.70.070, 7.70.080 Privileged communications with client 18.83.110 Professional negligence limitation on suits arising from 4.16.350 Professional service corporations Ch. 18.100 Records of review committee or board, members, or employees not subject to process 4.24.250 Uniform disciplinary act, application 18.83.054 Unprofessional conduct 18.83.121 Violations injunctions 18.83.190 penalties 18.83.180 (2008 Ed.) PSYCHOPATHS (See MENTALLY ILL, subtitle Sexual psychopaths) PUBLIC ACCOUNTANCY ACT (See ACCOUNTANTS) PUBLIC ASSISTANCE Accounts audit by state auditor 74.04.270 uniform accounting system 74.04.270 Adoption may not discriminate in placement 74.13.031 Adoption support program, See ADOPTION Age false statement, penalty 74.08.100 old age assistance recipients 74.08.030 proof of 74.08.100 temporary assistance for needy families 74.12.030 Agencies for children, expectant mothers, developmental disabilities, care and placement access, right of, for inspection of agencies and agency records 74.15.080 attorney general, injunction 74.15.140 continuation of existing licensing rules 74.15.160 corporations, copies of articles of incorporation or changes thereto, filing with department 74.15.070 declaration of purpose 74.15.010 definitions 74.15.020 fire protection, powers and duties of state patrol chief 74.15.050 health protection, powers and duties of secretary of health 74.15.060 injunction to enforce compliance, attorney general 74.15.140 investigate for abuse prior to licensure or relicensure 74.15.030 licensing, applications 74.15.100 adjudicative proceedings, training for administrative judges 74.15.132 denial, revocation, suspension, modification 74.15.130 enforcement action, definition 74.15.300 foster family homes, issuance of license for 74.15.040 generally 74.15.100 initial licenses 74.15.120 minimum requirements 74.15.100 probationary licenses 74.15.125 renewal 74.15.110 required 74.15.090 penalty for violations 74.15.150 powers and duties of secretary of department 74.15.030 religious organizations, application of chapter 74.15.170 Agencies for children, expectant mothers, developmentally disabled persons, care and placement children’s services advisory committee, duties 74.13.031 Aid to dependent children applications for grants 74.08.050 Aid to families with dependent children evaluation of employability, when medical condition is alleged as basis for need, medical reports, etc. 74.09.075 Aid to the blind evaluation of employability 74.09.075 prevention of blindness program established 74.09.720 state plan, authority of department to promulgate rules and regulations to qualify for federal funds 74.04.057 Alternate living arrangements eligibility standards licensing authority 74.08.044 rule-making authority 74.08.044 Applications for grants approval or denial, time frame 74.08.060 employment and training services 74.08.060 forms 74.08.050 ineligibility, departments efforts to make eligible 74.08.060 perjury for falsification 74.08.055 verifications 74.08.055 where made 74.08.050 Assistance organization, annual reports, penalty 74.04.330 Assisted living services Ch. 74.39A Bilingual services 74.04.025 Blind, See PUBLIC ASSISTANCE, subtitle Aid to the blind Case forecast council, organization and duties Ch. 43.88C Central operating fund 74.08.278 Child support, See PUBLIC ASSISTANCE, subtitle Support of dependent children; SUPPORT OF DEPENDENT CHILDREN—ALTERNATIVE METHOD Child welfare agencies investigations, criminal record accessibility 74.15.030 statute administration, consistency required 43.20A.770 Child welfare agencies, See also CHILD CARE AGENCIES; MATERNITY HOMES; PUBLIC ASSISTANCE, subtitle Agencies for children, expectant mothers, adult retarded, care and placement Child welfare services abused or neglected children demonstration project 74.13.200, 74.13.210, 74.13.220 accreditation 74.13.013, 74.13.017 at-risk youth, services provided by counties 74.13.025 child fatality review, notice 74.13.640 children of color, advisory committee 74.13.096 complaint resolution process 74.13.045 coordination with temporary assistance for needy families program 74.12.280 crisis residential centers annual records, contents 74.13.035 establishment, requirements 74.13.032 inter-center transfers for appropriate treatment, supervision and structure to the child 74.13.034 licensing eligibility 74.13.035 reimbursement or compensation, limitation 74.13.0321 removal from 74.13.033 resident’s conduct, services available 74.13.033 secure detention facility placement, when 74.13.034 unauthorized leave 74.13.033 day care 74.12.340 deferred prosecution order 74.13.0311 definitions 74.13.020 department to provide, scope 74.13.031 developmental disabilities, definition 74.13.021 family decision meetings 74.13.630 juvenile justice system, care, custody, treatment, departmental responsibility 74.13.036 out-of-home care social study, contents 74.13.065 program, purpose and scope 74.13.010 records or information, disclosure 74.13.042 runaway hotline 74.13.039 therapeutic family home program for youth in custody 74.13.170 transitional living programs for youth in process of being emancipated 74.13.037 Child welfare services, See also FOSTER CARE Children affordable health coverage 74.09.460, 74.09.470, 74.09.480 medical services through special education programs 74.09.5241, 74.09.5243, [RCW Index—page 575] PUBLIC ASSISTANCE 74.09.5245, 74.09.5247, 74.09.5249, 74.09.5251, 74.09.5253, 74.09.5254, 74.09.5255, 74.09.5256 mental health 74.09.490 system of care Ch. 74.55 wrongful deprivation of legal custody support payments excused, when 74.20.065 Children, See also PUBLIC ASSISTANCE, subtitle Aid to dependent children Children’s services advisory committee partnership plan public and private sector 74.13.031 Chiropractic service and fee limitations, authority to set 18.25.200 Chore services 74.39A.100, 74.39A.120, 74.39A.130, 74.39A.140, 74.39A.150 Chronic care management medical homes 74.09.710 City programs, notice required 74.04.040 Community college tuition and fee waiver 28B.15.522 Consolidated emergency assistance program for families 74.04.660 Consolidated standards of need 74.04.770 Contributions, authority to accept 74.04.310 Conviction of crime, no payment during imprisonment 74.08.290 Counties, See COUNTIES, subtitle Assistance and relief County offices administrator appointment 74.04.070 bond 74.04.080 budget, quarterly 74.04.120 employees 74.04.080 oaths, administering power 74.04.290 quarterly budget 74.04.120 subpoena power 74.04.290 allocation of state and federal funds basis 74.04.120, 74.04.210 case loads, basis for 74.04.120 general assistance funds, transfer to other case load categories 74.04.120 quarterly budget 74.04.120 standards of assistance, compliance with 74.04.200 establishment 74.04.070 joint county administration 74.04.180 standards of assistance, compliance with 74.04.200 Crimes relating to medical assistance program excessive or improper charges 74.09.260 false statements regarding institutions and facilities 74.09.250 Definitions 74.04.005 Dental care access 74.09.715 contracts for services purchase by 74.09.120 Department, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Division of public assistance Dependent children parent locator services 74.20.280 Desertion, See DESERTION AND NONSUPPORT Developmental disabilities intermediate care facilities medical care 74.09.120 Disability assistance state plan, authority of department to promulgate rules and regulations to qualify for federal funds 74.04.057 Earnings, See PUBLIC ASSISTANCE, subtitle Resources Electronic benefit cards prohibited uses 74.08.580 Eligibility general eligibility requirements 74.08.025 generally 74.04.005 limitations on resource and income 74.04.00511 [RCW Index—page 576] limited application to chapter 74.50 RCW 74.08.900 medical assistance 74.09.510 old age assistance additional requirements 74.08.030 programs exception 74.04.760 Employability, evaluation of when medical condition as basis for aid, medical reports 74.09.075 Employees assault, reimbursement 74.04.790 leaves of absence for educational purposes 74.04.480 merit system 74.04.011 Employment partnership program 74.25A.010 employer eligibility 74.25A.030 federal funds, department of social and health services to seek 74.25A.080 legislative findings 74.25A.005 local employment partnership councils 74.25A.045 pilot projects 74.25A.020 program participants benefits and salary not to be diminished 74.25A.060 classification under federal job training act 74.25A.070 eligibility for assistance programs 74.25A.050 worker-owned businesses, diversion of grants to 74.25A.040 Energy assistance termination of utility heating service limitation 35.21.300, 80.28.010 limitations 54.16.285 voluntary contributions from utility customers to assist low-income customers 54.52.010, 54.52.020, 54.52.030 Energy assistance allowance 74.08.046 Evaluation of employability, medical condition as basis for need, medical reports 74.09.075 Exemption of assistance from process 74.04.280, 74.08.210 Federal aid assistance allocations to counties 74.04.120 Federal grants or funds acceptance and assent to federal requirements for 74.04.050 application for 74.04.050 construction in favor of qualification for 74.04.055 cooperation with federal laws to qualify for 74.04.050 goods, commodities, and services, secretary to administer 74.04.015 programs covered by 74.04.050 rules and regulations of department to comply with requirements for 74.04.050 secretary to administer 74.04.015 Federal law acceptance of 74.08.380 to control if conflict 74.08.260 Federal requirements for receipt of funds state law in conflict with federal requirements inoperative to extent of conflict 74.04.055 Federal social security disability program, state agencies authorized to enter into agreements 43.17.120 appointment of personnel 43.17.120 Federal surplus food county assistance to needy persons, expenditures for 36.39.040 eligibility for 74.04.340 expenditures for 74.04.360 not construed as public assistance 74.04.350 receipt and distribution 74.04.380 receiving and using by uncertified persons, penalty 74.04.385 selling, transferring, or disposing of by recipient prohibited, penalty 74.04.385 Food stamps allotments and rent or housing subsidies eligibility considerations 74.04.750 authority to establish 74.04.500 confidentiality 74.04.520 crimes and penalties 9.91.140, 9.91.142, 9.91.144 discrimination in administration of program prohibited 74.04.515 eligibility allotments and rent or housing subsidies 74.04.750 federal food assistance eligibility, exemption 74.08.025 fraud 74.04.300 immigrants, eligibility 74.08A.120 overpayments hearings procedure 43.20B.630 payments improperly received 74.04.300 rule-making authority 74.04.510 simplified reporting 74.04.205 transitional assistance 74.08A.010 work requirements 74.08A.060 Foster care, See FOSTER CARE Foster homes complaint resolution process 74.13.045 defined 74.15.020 inspections 74.15.040 licenses 74.15.040 application 74.15.100 limitations 74.13.055 partnership plan 74.13.055 semi-secure facility designation as, authorized 74.15.180 Fraud in obtaining false statements or representations 74.08.331 larceny 74.08.331 penalty 74.04.300 real property disposal 74.08.331 transfers of property to qualify 74.08.335, 74.08.338 General assistance adoption referral for teenage applicants 74.04.0052 applications for grants 74.08.050 living situation for teenage applicants 74.04.0052 mental health services 74.04.230 personal, special care requirements to be considered 74.08.043 protective payee status for teenage applicants 74.04.0052 teenage applicants 74.04.0052 General assistance, allocation of state and federal funds to counties, transfer to other case load categories 74.04.120 General fund, old age assistance grants charged against 74.08.370 Grant maximums department authorized to establish 74.04.770 Grievances, review 74.08.080 Group care payment 74.13.080 Group-care facilities defined 74.15.020 semi-secure facility designation as, authorized 74.15.180 Guardians for persons incapable of self-care 74.08.280 Handicaps, children with commitment, copy of commitment order transmitted 26.40.060 Health care access basic health plan availability, notice 74.04.033 Hearings departmental and judicial review 74.08.080 Hearings examiner oaths, administering power 74.04.290 Hospitals, advisory committee on vendor rates members appointment, qualifications, term 74.32.100 meetings, expenses 74.32.120 powers and duties 74.32.130 (2008 Ed.) PUBLIC ASSISTANCE vendor rates, defined 74.32.110 Housing assistance program created 43.185.015 Housing trust fund application, procedure 43.185.070, 43.185.130 compliance monitoring 43.185.090 definitions 43.185.020 eligible organizations 43.185.060 findings 43.185.010 loans or grants 43.185.050 preconstruction technical assistance 43.185.080 rule-making authority 43.185.100 Washington housing trust fund created 43.185.030 Identicards, fee for recipients of 46.20.117 Immigrants eligibility 74.08A.100, 74.08A.110, 74.08A.120 naturalization facilitation 74.08A.130 Incarcerated parents 74.04.800 Income availability as, contract of sale of property 74.04.006 deductions from grants 74.04.265 exempt income 74.04.005 fraud in failing to reveal or notify 74.04.300 limitations 74.04.00511 Indians assumption of state jurisdiction 37.12.010 Industrial insurance compensation, recipient receiving adjudicative proceedings 43.20B.740 application 43.20B.745 lien duty of director of department of labor and industries on receipt of 43.20B.735 effective date 43.20B.730 notice to withhold and deliver duty of director of department of labor and industries on receipt of 43.20B.735 effective date 43.20B.730 subrogation rights of department lien 43.20B.720 notice to withhold and deliver 43.20B.720 Joint federal, state and county function, notice required 74.04.040 Legal aid, See LEGAL AID Lien by department against real property, grant assistance 43.20B.670 Liens, payments improperly received, state has lien preference, when 74.04.300 Long-term care Ch. 74.39A Long-term care services, See LONG-TERM CARE Lottery prize winnings set-off by debts owed state 67.70.255 Low-income energy assistance termination of utility heating service city-owned utility 35.21.300 limitation 35.21.300, 80.28.010 limitations 54.16.285 voluntary contributions from utility customers to assist low-income customers 54.52.010, 54.52.020, 54.52.030 Medical assistance, See also MEDICAL ASSISTANCE Medical assistance to the aged, See PUBLIC ASSISTANCE, subtitle Medical assistance Medical care advisory committee on vendor rates members, meetings, expenses 74.32.120 powers and duties 74.32.130 vendor rates, defined 74.32.110 annual report 74.09.053 another party liability, chapter does not apply, subrogation to recipients’ rights 74.09.180 care and services included enumeration 74.09.520 children, services provided by school district 74.09.520 chronic care management (2008 Ed.) medical homes 74.09.710 construction 74.09.190 contracts for services, care, and supplies presentment of charges by contractors 74.09.160 contracts for services and supplies purchase by 74.09.120 copayment, deductible, coinsurance, costsharing 74.09.055 definitions 74.09.010 dental services, purchase of 74.09.120 developmental disabilities intermediate care facilities 74.09.120 disability, medical evaluation 74.09.075 drugs and medical supplies, purchase of 74.09.120 eligibility 74.09.510 eligibility, limitations 74.09.035 employability, evaluation 74.09.075 establishment 74.09.500 health care providers severability 74.09.910 health care providers, audit program audit and investigation authority 74.09.290 bribes, kickbacks, rebates, or self-referrals penalties 74.09.240 excessive, improper charges penalties 74.09.260 excessive payments liability for 74.09.220 false statements, fraud penalty 74.09.230 false verification of written statements penalty 74.09.280 fraudulent practices liability 74.09.210 penalty 74.09.210 institutional certification, false statements penalty 74.09.250 legislative intent, policy 74.09.200 patient trust funds, failure to deposit in trust account penalty 74.09.270 report of penalties to licensing agency or disciplinary board 74.09.300 hospital care, purchase of, rates 74.09.120 identification cards social security number restrictions 74.09.037 lien enforcement of rights of recipient, authority to assert liens upon 74.09.180 limited casualty program authorization for, qualifications, eligibility 74.09.700 medical assistance definitions 74.09.010 medical screeners appointment 74.09.050 supervision over 74.09.050 mental illness purchase of institutional care by contract 74.09.120 nurse hotline 74.09.015 nursing home services purchase of 74.09.120 personnel employment of 74.09.110 merit system coverage 74.09.150 physicians’ services, purchase of, fees 74.09.120 prescription drugs education for seniors, grant program 74.09.660 prostate cancer screening 74.09.725 purchase of medical services supplies 74.09.120 religious beliefs, not to interfere with 74.09.190 smoking cessation assistance 74.09.655 state plan authority of department to promulgate rules and regulations to qualify for federal funds 74.04.057 contents, authority of department to promulgate rules and regulations to qualify for federal funds 74.04.057 subrogation to rights of recipients against tort feasor and/or insurer of tort feasor, or insurance proceeds 74.09.180 third party liability for payments 74.09.185 vendors and contractors presentment of charges, submission deadline 74.09.160 youth released from confinement 74.09.515 Medical care, See also PUBLIC ASSISTANCE, subtitle Medical assistance Medical services special education programs billing agent contract process 74.09.5245 categories of services 74.09.5251 definitions 74.09.5243 disbursement of revenues 74.09.5256 district as billing agent 74.09.5247 duties of billing agent 74.09.5249 incentive payments 74.09.5255 legislative findings and intent 74.09.5241 participation and reporting requirements 74.09.5253 reimbursement system 74.09.5251 reports to superintendent of public instruction 74.09.5254 Mental health services children medication and care 74.09.490 program standards 74.09.521 system of care Ch. 74.55 general assistance 74.04.230 Minimum payment level that can be received 74.04.760 Need standards consolidated standards 74.04.770 Nonsupport of dependents, See DESERTION AND NONSUPPORT Nontransferability of assistance 74.08.210 Nursing home care contracts for services purchase by 74.09.120 veterans’ home contracts for services 74.09.120 Old age assistance applications for grants 74.08.050 eligibility requirements 74.08.030 programs to help obtain self-care 74.08.283 Optometry public aid ocular services, discrimination against prohibited 18.53.160 Out-of-state recipients, assistance payments to, time limit 74.08.105 Overpayments deduction from subsequent assistance payments, when 10.82.080 earnings, assignment of 43.20B.645 public assistance or food stamps procedures 43.20B.630 restitution payments, when 10.82.080 vendor overpayment debts time to commence action to enforce 43.20B.688 withholding property of debtor failure to 43.20B.640 orders to 43.20B.635 PACE program, See MEDICAL ASSISTANCE, subtitle PACE program Partnership plan 74.13.055 Payment improperly received, recovery of, when 74.04.300 minimum level that can be received 74.04.760 Personal and special care alternate living arrangements 74.08.044 [RCW Index—page 577] PUBLIC ASSISTANCE general assistance, supplemental security income 74.08.043 licensing of alternate living arrangements 74.08.044 purchase by department, authority 74.08.045 rules, including minimum standards 74.08.044 Persons incapable of self-care, payments to 74.08.280 Pregnancy, interagency task force on unintended pregnancy 43.41.905 Programs to help obtain self-care 74.08.283 Protective payee services 74.08.280 Public assistance committee counties, allocation of funds to, duties concerning 74.04.120 Rateable reductions department authorized to establish 74.04.770 Real property fraudulent conveyances 74.08.338 transfers to qualify for assistance 74.08.335, 74.08.338 Records confidentiality 74.04.060 contents 74.04.060 data-sharing by department of social and health services, confidentiality 43.20A.080 disclosure police officer or immigration official 74.04.062 prohibited exceptions 74.04.060 names of recipients, disclosure 74.04.060 penalty for violations 74.04.060 political or commercial purposes, obtaining lists for purposes of prohibited, penalty 74.04.060 privileged communication in judicial proceedings 74.04.060 Recovery of payments improperly received 74.04.300 Relocation assistance payments not considered income or resources 8.26.115 Relocation assistance for low-income tenants payments not considered income, eligibility for public assistance unaffected 59.18.450 Reports assistance organizations, annual reports, penalty 74.04.330 Research studies and projects to restore recipients to self-care 74.08.390 waiver of statutory requirements, authorized 74.08.390 Residence false statement, penalty 74.08.100 old age assistance recipients 74.08.030 old age assistance residence requirements 74.08.030 out-of-state recipients, assistance payments to, time limit 74.08.105 proof of 74.08.100 Residential care payments waiver 43.20B.310 Resources allowable 74.04.005 availability as, contract of sale of property 74.04.006 fraud and failing to reveal or notify 74.04.300 lien by department against real property 43.20B.670 limitations 74.04.00511 Revenue recovery medical or residential care intent 43.20B.090 lien discharge or compromise by settlement or judgment 43.20B.050 form of lien 43.20B.040 subrogation to recipient’s rights, delegation 43.20B.060 rules and procedures 43.20B.080 tort action by recipient 43.20B.070 [RCW Index—page 578] mental health treatment recovery on finding of responsibility 43.20B.347 overpayments and debts due the department proceedings, time limit 43.20B.030 Rules alternate living arrangements, standards for eligibility for 74.08.044 Rules and regulations adoption and amendment pursuant to administrative procedure act 74.08.090 licensing for alternate living arrangements 74.08.044 Self-care old age recipients, programs to help attain self-care 74.08.283 persons incapable of, payments to 74.08.280 programs to help attain self-care 74.08.283 research studies and projects for purpose of restoring recipient’s self-support 74.08.390 waiver of statutory requirements, authorized 74.08.390 Standards of assistance counties must comply with to receive funds 74.04.200 defined 74.04.005 unemployable persons, earned income exemption 74.04.266 uniform statewide 74.04.200 State plan, authority of department to promulgate rules and regulations to qualify for federal funds under Title XVI of the Federal Social Security Act 74.04.057 Statewide city employees’ retirement system, pensioner not prohibited from receiving public assistance 41.44.250 Subpoena power of secretary of department 74.04.290 Substitute care of children, See FOSTER CARE Supplemental security income program personal, special care requirements to be considered 74.08.043 persons failing to comply with federal requirements 74.04.650 purpose 74.04.600 supersession by, termination of federal payments 74.04.610 supplementation of national program authorized 74.04.620 contractual agreements with federal government 74.04.630 reimbursement 74.04.620 World War II Philippine veterans 74.04.635 Support enforcement fees collection 74.20.040 Support of dependent children action by department to insure support 74.20.040 adjudicative proceedings department of social and health services participation 74.20.057 agreements between attorney general and prosecuting attorneys to initiate petition for support under uniform reciprocal enforcement of support act 74.20.210 attorney general may represent petitioner in intercounty proceedings 74.20.210 central registry unit, establishment of 74.20.280 cooperation of person having custody required, penalty 74.20.060 cooperation of state, county and city agencies enjoined 74.20.280 disposition of support moneys paid into court 74.20.101 divorce or separate maintenance appearance by department as friend of court 74.20.220 application by attorney general for show cause order to provide support 74.20.220 modification of decree, appearance by department on behalf of mother 74.20.220 employment status, office of support enforcement not to discriminate on the basis of 74.20.045 fees not required from department of social and health services, attorney general, or prosecuting attorney 74.20.300 filing fees not required from department of social and health services, attorney general, or prosecuting attorney 74.20.300 when nonpayment allowed as to petitioner 74.20.250 genetic testing orders 74.20.360 information and assistance from state, counties, and local agencies 74.20.280 intercounty proceedings, attorney general may represent petitioner 74.20.210 internal revenue service may be informed of failure to support 74.20.160 notice to clerk of court from department to pay support to department for distribution 74.20.101 parent applying for public assistance, statement under oath as to income, etc., penalty 74.20.260 parent locator services 74.20.280 paternity actions, private attorney representation 74.20.350 payment made through department upon notice to clerk of court 74.20.101 petition for order upon spouse to provide support application by mother 74.20.230 attendance of witnesses, power of court to compel 74.20.240 attorney general may apply for, when 74.20.230 citation for husband to appear 74.20.230 contempt powers of court 74.20.240 filing fee, when nonpayment allowed 74.20.250 order granting, denying or fixing support 74.20.240 public assistance payments, assignment of support rights to department 74.20.330 purposes, statement of 74.20.010 records, availability 74.20.280 representation of child by department of social and health services 74.20.220 self-employed individuals, office of support enforcement duties 74.20.045 support enforcement fees collection 74.20.040 support enforcement employees workload standards 74.20.340 support moneys received by custodian for assigned support obligation, duty to remit 74.20.320 Suspension of payments 74.08.290 Temporary assistance for needy families abstinence education and motivation programs 74.12.410 adoption referral services for teenage applicants 74.12.255 allowance of all or portion of child’s income to be set aside for future needs 74.12.350 child welfare services 74.13.031 day care 74.12.340 community service program 74.08A.330 definitions 74.12.010 diversion program 74.08A.210 earned income cutoffs 74.08A.230 earnings disregards 74.08A.230 electronic benefit transfer 74.08A.020 eligibility 74.08.025 eligibility requirements 74.12.030, 74.12.035 emergency assistance 74.08A.210 employability screening 74.08A.275 entrepreneurial assistance 43.330.145 evaluation of suitability of home in which dependent child lives 74.12.290 (2008 Ed.) PUBLIC DEFENDER family planning information and assistance 74.12.400, 74.12.410 funding restrictions 74.08A.340 goals, implementation 74.08A.280 guardian for grant, appointment of, accounting 74.12.250 home conditions aid not denied where absence of relatives or placement home 74.12.330 evaluation by department 74.12.290 placement of child with other relatives 74.12.310, 74.12.320 unsuitable, initiation or continuation of grant until condition remedied 74.12.300 incentive to work federal waiver to implement chapter 74.12A.030 Indian tribes program access 74.08A.040 tribal program 74.08A.050 individual development accounts 74.08A.220 irrevocable educational trust accounts allowed 74.12.350 job opportunities and basic skills program referrals 74.12.400 job opportunities for welfare recipients, questionnaire 74.08A.350 living situation for teenage applicants 74.12.255 noncustodial parents in work programs 74.08A.240 outcome measures for program evaluation 74.08A.400, 74.08A.410, 74.08A.420, 74.08A.430 parent notification requirements upon receipt of application for assistance 74.12.450, 74.12.460 payments to other where recipient unable to manage adequately 74.12.250 protective payee status for teenage applicants 74.12.255 protective payments 74.12.260 religiously affiliated organizations as service providers 74.08A.030 residential care payments by families waiver 43.20B.310 self-employment assistance 74.08A.310 services to help attain self-support and independence 74.12.240 supplemental security income, enrollment of disabled persons 74.12.361 suspected child abuse or neglect, report 74.12.450 teen parents education requirements 74.08A.380 teenage applicants 74.12.255 time limits 74.08A.010 training and industrial recruitment, duties of department of community, trade, and economic development 43.330.145 transitional nature of program to be emphasized 74.12.400 volunteer work at child care facility or other work site authorized 74.25.040 wage subsidy program 74.08A.320 work activity contracting for services 74.08A.290 definition 74.08A.250 failure to participate, good cause 74.08A.270 individual responsibility plan 74.08A.260 placement bonuses 74.08A.300 refusal to work 74.08A.260 Temporary assistance of needy families job search instruction and assistance 74.08A.285 Termination of utility heating service city procedure 35.21.300 limitation 35.21.300, 80.28.010 Therapeutic family home program for youth in custody 74.13.170 Transferability of assistance 74.04.280 Transfers of property to qualify 74.08.335, 74.08.338 (2008 Ed.) Traumatic brain injuries Ch. 74.31 Unemployable persons earned income exemption 74.04.266 Uniform reciprocal enforcement of support act, See DESERTION AND NONSUPPORT, subtitle Reciprocal enforcement of support act Utility services, reduced rates 74.38.070 Vendor overpayment debts time to commence action to enforce 43.20B.688 Vendor rates, advisory committee on charges, investigation 74.32.160 investigation powers 74.32.140 scope of 74.32.150 rate structure, factors to be considered 74.32.180 wages, recommendations 74.32.170 Vested rights not conferred 74.08.340 Veterans, county assistance programs for indigent veterans and families Ch. 73.08 Visitation rights disclosure of child’s address via records 74.04.060 Vocational rehabilitation Ch. 74.29 referrals under social security act, reimbursement for 74.04.640 Vocational rehabilitation and services to the handicapped, See VOCATIONAL EDUCATION WorkFirst, See WORKFIRST PUBLIC AUCTIONS (See AUCTIONS AND AUCTIONEERS) PUBLIC BUILDINGS Art in, See STATE ARTS COMMISSION Bomb threats, penalty 9.61.160 Counties comprehensive plans, elements of 36.70.350 Design, construction renewable resources, consideration of 39.35.010 Discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Doors swinging outward 70.54.070 Earthquake resistance standards, generally Ch. 70.86 Energy conservation practices 39.35.020 Energy conservation projects authority of agency to implement 39.35C.050 coordination 39.35C.030 definitions 39.35C.010 financing 39.35C.060 implementation 39.35C.020 sale of conserved energy 39.35C.040 High-performance, LEED silver standards affordable housing, exemption 39.35D.080 annual reports, submission 39.35D.050 chapter administration, guidelines 39.35D.060 definitions 39.35D.020 findings, intent 39.35D.010 liability, failure to meet standards 39.35D.070 local materials, use of 39.35D.090 performance review, report 39.35D.800 standards, major facilities projects public agencies 39.35D.030 public school districts 39.35D.040 Indoor air quality definitions 70.162.010 department of labor and industries duties 70.162.020 public agencies, ventilation and filtration systems 70.162.040 schools, model program 70.162.050 state building code council duties 70.162.030 Life-cycle cost analysis building design plan to include 39.35.040 definitions 39.35.030 guidelines 39.35.050 legislative declaration 39.35.020 legislative finding 39.35.010 public facilities implementation 39.35B.040 intent 39.35B.030 legislative declaration 39.35B.020 legislative findings 39.35B.010 office of financial management, duties 39.35B.050 review fees 39.35.060 Plant operation and support program 43.82.160 Public works Performance-based contracts for water conservation, solid waste reduction, and energy equipment Ch. 39.35A Renewable energy system 39.35.020 Renewable resources design and construction consideration 39.35.010 Service maintenance, minimum wages 39.12.020 State, building authority Const. Art. 8 § 8 State, See STATE, subtitle Buildings State-owned or leased facilities inventory system 43.82.150 Surety insurance, violations exemption 48.30.270 Vending facilities blind persons, operator licenses 74.18.220 PUBLIC CAMPS (See also PARKS AND RECREATION) Establishment and operation, generally 67.20.015 PUBLIC CARRIERS (See COMMON CARRIERS) PUBLIC CONTRACTS (See CONTRACTS) PUBLIC CONVEYANCES (See PUBLIC TRANSPORTATION SYSTEMS) PUBLIC CORPORATIONS Actions against 4.08.120 Actions by in corporate name 4.08.110 Cities and towns, See CITIES AND TOWNS Confession of judgment by, who may confess for 4.60.020 Counties, See COUNTIES Execution of judgments against 6.17.080 Federal grants and programs transfer from local government authority to receive and expend funds 35.21.735 corporate powers, governmental control 35.21.745 insolvency or dissolution 35.21.750 limitation on liability 35.21.730 tax exemption and immunity 35.21.755 territorial jurisdiction 35.21.740 General laws, applicability 35.21.759 Industrial development program Ch. 39.84 Industrial development revenue bonds transfer of unencumbered funds to creating municipality authorized 39.84.130 Local governments transfer of real property from, conditions and limitations 35.21.747 Municipal corporations, See MUNICIPAL CORPORATIONS Real property transfer from local government, conditions and limitations 35.21.747 School districts, See SCHOOLS AND SCHOOL DISTRICTS Water pollution control Ch. 90.48 PUBLIC DEFENDER Accused and indigent persons, representation of 36.26.070 Appeals 36.26.080 Appointment of other counsel at the option of the court 36.26.090 Assistance 36.26.060 Construction 36.26.900 County commissioners, powers and duties 36.26.060 Courts, appointment of other than public defender 36.26.090 Definitions 36.26.010 [RCW Index—page 579] PUBLIC DEFENSE, OFFICE OF Duties 36.26.080 Election of county commissioners to establish 36.26.030 Expenditures by 36.26.050 Financing 36.26.050 Intercounty agreements 36.26.020 Powers and duties 36.26.050 Public defense, office of Ch. 2.70 Qualifications 36.26.040 Salary 36.26.060 Selection committee members 36.26.030 selection of public defender 36.26.030 Term 36.26.040 PUBLIC DEFENSE, OFFICE OF Advisory committee membership and duties 2.70.030 Criminal justice costs, county petition for reimbursement of extraordinary costs 43.330.190 Director appointment 2.70.010 duties, limitations 2.70.020 qualifications 2.70.010 Employees, civil service exemption 2.70.040 Established 2.70.005 Public safety and education account to benefit 43.08.250 Transfer of appellate indigent defense powers and duties to office 2.70.050 PUBLIC DEPOSITARIES Alien banks demand accounts 39.58.085 All public deposits must be made in, exceptions 39.58.080 Bonds, when not required 39.58.090 Cities and towns 35.38.010 Cities of first class employees’ retirement fund, depositaries for 41.28.080 Code cities checks, use of 35A.40.020 designate one or more financial institutions 35A.40.030 Collateral recovery procedure 39.58.060 Community and technical colleges, board for 28B.50.085 Community and technical colleges, boards of trustees, funds 28B.50.320 County funds authorized investments 36.29.020 Definitions 39.58.010 Deposits limitations 39.58.135 Development credit corporations 31.20.110 Federal home loan banks, may be designated as 30.32.040 Financial institutions, requirements to become depositaries 39.58.108 Financial institutions claiming tax exemption notify public deposit protection commission 39.58.045 Industrial insurance, law applicable to funds 51.44.120 Insurance companies, domestic insurers, deposit of funds with 48.07.110 Insurance deposits, designation by commissioner 48.16.070 Interest, public deposits 39.58.120 Investigation of condition of applicants and existing public depositaries 39.58.105 Investment deposits 39.58.130 Investment of state or county funds authorized investments 36.29.020 Irrigation districts, fiscal matters, surety bonds for 87.03.442, 87.03.445 Net worth notice to commission of reduction 39.58.103 Notice, public deposit protection commission reduction of net worth 39.58.103 Outside the state demand accounts 39.58.085 deposits allowed 39.58.080 [RCW Index—page 580] Public deposit protection commission assessments to recover losses 39.58.060 collateral security, requirements 39.58.050 investigation of applicants and existing depositaries 39.58.105 investment deposits 39.58.130 losses, recovery procedure 39.58.065 losses, subrogation to depositor’s right 39.58.070 members 39.58.030 notice of financial institutions claiming tax exemption 39.58.045 notice of reduction of net worth 39.58.103 powers 39.58.040 proceedings 39.58.030 reports to, when required 39.58.100 segregation of funds 39.58.050 Public funds county, city, municipal corporations Const. Art. 11 § 15 protection against loss 39.58.020 Public hospital district fund 70.44.171 Public utility districts 54.24.010 Qualified public depositaries cities and towns of less than seventy-five thousand 35.38.040 demand accounts authorized 43.85.210 interest rate of, how fixed 43.85.190 term deposits 43.85.230 limitation on liability of public official making deposits with 43.85.070 segregation of collateral required 35.85.050 time accounts authorized 43.85.210 interest rate 43.85.230 Reports to public deposit protection commission 39.58.100 Schools, surplus and donated food commodities revolving fund 28A.235.090 State depositaries collateral deposits limited to amount of 43.85.070 demand accounts interest prohibited by federal statute, effect 43.85.220 deposits deemed in state treasury 43.85.070 deposits limited to amount of collateral 43.85.070 interest prohibited by federal statute, effect 43.85.220 state moneys or funds defined 43.85.200 Statewide city employees’ retirement system funds 41.44.100 Statewide custodian, application of chapter 39.58.155 Stockholders, city officials 35.38.055 Unemployment compensation funds, requirements 50.16.020 PUBLIC DISCLOSURE (See also PUBLIC RECORDS ACT; RECORDS AND DOCUMENTS) Administration and enforcement attorney general, duties 42.17.380 civil remedies and sanctions 42.17.390 date of mailing deemed date of receipt 42.17.420 electronic filings 42.17.420 enforcement by attorney general or prosecutor 42.17.400 enforcement of commission order 42.17.397 limitation of actions 42.17.410 public disclosure commission audits and investigations 42.17.365 duties 42.17.360 enforcement of commission order 42.17.397 membership, compensation and expenses 42.17.350 powers 42.17.370 rules for reports filed with county elections official 42.17.375 violations, determination and enforcement duties 42.17.395 web site access to commission documents 42.17.367 reports and statements certification 42.17.430 duty to preserve 42.17.450 public records 42.17.440 reports filed with county elections official 42.17.375 secretary of state, duties 42.17.380 suspension and reapplication of reporting requirements in small political subdivisions 42.17.405 violations, determination and enforcement by public disclosure commission 42.17.395 Advertising, political compliance responsibility 42.17.540 false political advertising 42.17.530 identification of sponsor 42.17.510 independent expenditure disclosure 42.17.550 picture of candidate 42.17.520 Bank examination reports and information 30.04.075 Campaign financing cash contributions 42.17.060 commercial advertisers, documents and account books to be made public 42.17.110 continuing political committee, filing and reporting 42.17.065 deposit of contributions 42.17.060 depositories, designation of 42.17.050 earmarked contributions 42.17.135 exceptions 42.17.030, 42.17.035 expenditures, authorization of and restrictions on 42.17.070 fund-raising activities, alternative reporting method 42.17.067 identification of contributions and expenditures 42.17.120 independent campaign expenditures, reporting of 42.17.100 investment of campaign funds 42.17.060 large contributions, reporting of 42.17.105 late contributions prohibited late contributions 42.17.105 reporting of 42.17.105 mailings by legislators, restrictions 42.52.185 personal use of contributions, when permitted 42.17.125 political committee statement of organization, duty to file 42.17.040 public funds use for political purposes prohibited 42.17.128 public office or agency facilities use in campaigns, prohibition 42.17.130 public office or agency facilities use in campaigns forbidden exemption 42.17.131 reporting of contributions and expenditures 42.17.080, 42.17.369, 42.17.3691 contents of report 42.17.090 out-of-state political committees 42.17.093 surplus funds, disposal of 42.17.095 treasurer, designation of 42.17.050 unidentified contributions 42.17.060 Contribution limitations agency shop fees as contributions 42.17.760 attribution of contributions 42.17.670 contributions before December 3, 1992 42.17.700 contributions on behalf of another 42.17.730 controlled entities, attribution of contributions by 42.17.660 different office, prohibition on use of contributions for 42.17.790 earmarking 42.17.670 employers or labor organizations, limitations on 42.17.680 endorsement fees solicitation prohibited 42.17.770 (2008 Ed.) PUBLIC FACILITIES DISTRICTS family contributions, attribution and aggregation of 42.17.650 findings 42.17.610 intent 42.17.620 judicial office 42.17.645 labor organizations or employers, limitations on 42.17.680 limits specified 42.17.640 loan restrictions 42.17.720 public employees, solicitation of contributions from 42.17.750 reimbursement for contributions prohibited 42.17.780 revision of monetary limits 42.17.690 rules 42.17.647 state official, time limit to solicit or accept contributions 42.17.710 time limit for state official to solicit or accept contributions 42.17.710 written instrument required for some contributions 42.17.740 Definitions 42.17.020 Electioneering communications contribution, when 42.17.570 definition 42.17.020 false, violations 42.17.530 findings, legislative 42.17.561 intent 42.17.562 recordkeeping 42.17.575 report, information required 42.17.565 Fertilizers data base, availability to public 15.54.433 Financial affairs of public officials, candidates, and appointees concealing identity of source of payment 42.17.242 contents of report 42.17.241 executive state officer, defined 42.17.2401 report of financial affairs and gifts 42.17.240 Judicial conduct commission records subject to disclosure and those exempt 2.64.111 Lobbyist reporting duties of lobbyist 42.17.230 elected officials legislative activities 42.17.190 employment of legislator, board or commission member, or state employee by lobbyist or lobbyist employer 42.17.210 exemption from registration and reporting requirements 42.17.160 government agencies and employees legislative activities 42.17.190 grass roots lobbying campaigns 42.17.200 large contributions, reporting of 42.17.175 late contributions, reporting of 42.17.175 legislative activities of government agencies, elected officials, and employees 42.17.190 notification to person named in report 42.17.172 photograph and lobbyist information, submission and publication 42.17.155 prohibited lobbyist activities 42.17.230 registration of lobbyists 42.17.150 reporting by lobbyist employers and others 42.17.180 reporting by lobbyists 42.17.170 unregistered lobbyist, employment of, violation 42.17.220 Policy declaration 42.17.010 Public corporations 35.21.759 Public records act generally Ch. 42.56 Public treasurers report of accounts held by financial institutions 42.17.245 Reporting requirements, suspension and reapplication in small political subdivisions 42.17.405 Reports and statements filed under chapter 42.17 RCW (2008 Ed.) access to campaign reports 42.17.460, 42.17.461, 42.17.463, 42.17.465, 42.17.467, 42.17.469, 42.17.471 certification 42.17.430 duty to preserve 42.17.450 public records 42.17.440 PUBLIC DISCLOSURE COMMISSION Administration and enforcement 42.17.350, 42.17.360 Attorney general’s duties regarding commission 42.17.380 Audits and investigations 42.17.360 Compensation 42.17.350 Contribution limitations revision of monetary limits 42.17.690 Duties 42.17.350, 42.17.360, 42.17.460, 42.17.461, 42.17.463, 42.17.465, 42.17.467, 42.17.469, 42.17.471 Enforcement orders 42.17.395, 42.17.397 Establishment 42.17.350 Membership 42.17.350 Powers 42.17.360, 42.17.370 Prohibited activities 42.17.350 Reports 42.17.350, 42.17.369, 42.17.3691 Reports filed with county elections official rulemaking authority 42.17.375 Rulemaking authority 42.17.360, 42.17.370 Secretary of state’s duties regarding commission 42.17.380 Travel expenses 42.17.350 Violations, enforcement orders 42.17.395, 42.17.397 Web site access to commission documents 42.17.367 PUBLIC DISORDERS (See STATE OF EMERGENCY) PUBLIC EMPLOYEES (See PUBLIC OFFICERS AND EMPLOYEES) PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (See RETIREMENT AND PENSIONS, subtitle Public employees’ retirement system) PUBLIC EMPLOYMENT (See also CENTRAL PERSONNEL—PAYROLL SYSTEM; PUBLIC OFFICERS AND EMPLOYEES) Certificate or test score to be accepted in lieu of diploma 41.04.015 Chaplains housing allowance 41.04.360 Child care for state employees’ children legislative intent 41.04.370 Civil service, See CIVIL SERVICE Deferred compensation plans authorization 41.50.770 deferred compensation principal and administrative account, use of funds 41.50.780 Employee misconduct records destruction 41.06.450 application, classified and exempt employees 41.06.460 authorized, when 41.06.455 retention 41.06.450 application, classified and exempt employees 41.06.460 Employment rights, restoration of, See EMPLOYMENT RIGHTS, RESTORATION OF Federal government, interchange of personnel with 41.04.150, 41.04.160, 41.04.170 Interchange of personnel with federal government agreements 41.04.150 employment status of employees 41.04.160, 41.04.170 retirement rights preserved 41.04.160, 41.04.170 state agency, defined 41.04.140 Payroll deductions accident and health insurance 41.04.020, 41.04.030 charity contributions 41.04.035, 41.04.036 combined fund drive 41.04.033, 41.04.035, 41.04.036, 41.04.039 health care services 41.04.020, 41.04.030 health maintenance organizations 41.04.233 life insurance 41.04.020, 41.04.030 retirement plans 41.04.020 Political activities of public employees 41.06.250 Retirement and pensions, See RETIREMENT AND PENSIONS Veterans’ preference in examinations generally, computation 41.04.010 veterans, defined 41.04.005, 41.04.007 Veterans’ preference in examinations, See also VETERANS, subtitle Employment preferences PUBLIC EMPLOYMENT LABOR RELATIONS Commission created 41.58.010 director, executive, appointment of 41.58.015 duties and powers 41.58.020 employees appointment of 41.58.015 certain, of department of labor and industries transferred to 41.58.800 executive director, appointment of 41.58.015 members travel expenses and compensation of 41.58.015 membership 41.58.010 office to be located at Olympia 41.58.030 powers and duties 41.58.020 quorum, what constitutes 41.58.010 reports, to legislature and governor, required 41.58.010 rules and regulations, authority to issue 41.58.050 terms of members 41.58.010 transfer of budgeted funds or equipment procedure for 41.58.802 reports, documents, property, etc., to 41.58.801 vacancies 41.58.010 Employees, duties of 41.58.040 Employers, duties of 41.58.040 Ferry system governance 41.58.060 Unfair practices 49.44.160, 49.44.170 PUBLIC EMPLOYMENT OFFICES Handicapped persons 50.12.210 Providing for 50.12.180 PUBLIC EMPLOYMENT RELATIONS COMMISSION Collective bargaining duties, generally Ch. 41.56 PUBLIC FACILITIES DISTRICTS Acquisition and transfer of real and personal property 36.100.070 Actions and proceedings cost of defense 36.100.150 Admission tax 36.100.210 Authority 36.100.030 Board of directors compensation 36.100.130 liability insurance 36.100.140 membership and terms 36.100.020 travel and expense reimbursement policy 36.100.110, 36.100.120 Cities and towns, authority to create and operate Ch. 35.57 County treasurer to serve as ex officio treasurer 36.100.100 Created 36.100.010 Direct or collateral attack barred after thirty days 36.100.080 Employee benefits 36.100.170 Expenditure of funds 36.100.160 [RCW Index—page 581] PUBLIC FACILITIES LOANS AND GRANTS General obligation bonds 36.100.060 Governance 36.100.020 Local sales and use tax 82.14.048 Parking charges tax 36.100.220 Purchases and sales, procedures 36.100.190 Regional centers, authority of cities and towns to create and operate Ch. 35.57 Revenue bonds, limitations 36.100.200 Service provider agreements 36.100.180 State loans or grants county-wide planning policy, preference to party to 43.17.250 Tax authority ad valorem property tax 36.100.050 deferral of taxes on construction of new facilities 36.100.090 excise tax, termination of tax 36.100.060 lodging tax, ballot proposition 36.100.040 Taxing authority 82.14.390 PUBLIC FACILITIES LOANS AND GRANTS (See COMMUNITY ECONOMIC REVITALIZATION BOARD) PUBLIC FUNDS (See also FUNDS) Accountability Const. Art. 11 § 5 Accounts in general fund designated as accounts in state treasury 43.79.015 Advance right of way revolving fund creation, moneys to be deposited in fund 47.12.244 deposit of funds received from lease of unused highway lands 47.12.125 expenditures from fund, authority to make 47.12.244 reimbursements to fund when required 47.12.246 Agency payroll revolving fund 42.16.011, 42.16.012, 42.16.013, 42.16.014, 42.16.016 Agricultural college permanent fund, investment in regents’ revenue bonds 43.84.140 Air operating permit account 70.94.015 Air pollution control account 70.94.015 subaccount 70.94.017 Alcoholic beverages funds, See PUBLIC FUNDS, subtitle State Antitrust revolving fund created, contents 43.10.215 expenditures 43.10.220 legislative finding and purpose 43.10.210 Appropriations, state Const. Art. 8 § 4 Architects’ license account 18.08.240 Archives and records management account 40.14.025 judgment debtor surcharge for local government public archives and records management and protection 40.14.027 Basic data fund 43.21A.067 Basic education allocation apportionment to school districts part time students for 28A.150.260 rules and regulations 28A.150.290 Basic health plan subscription account 70.47.030 trust account 70.47.030 Business enterprises revolving account 74.18.230 Cash flow needs 43.86A.030 Centennial document preservation and modernization account 36.22.170 distribution to counties, formula 36.22.190 Child care facility fund committee organization and duties 43.31.504 Cities and towns accident claims 35.31.050, 35.31.060, 35.31.070 bicycle road fund 35.75.050 cities and towns under 20,000 35.37.010, 35.37.020 city property assessment redemption 35.44.130, 35.49.060 city street fund [RCW Index—page 582] county road and bridge violations, fines paid to 36.82.210 established, use 47.24.040 illegal use of, procedure 47.08.100 taxes in annexed road districts 35.13.270 claims authority to create 35.21.085 transfer from insolvent funds 35.21.086 contingency fund, use, appropriation to meet, limitation 35.33.145 cumulative reserve annual levy for 35.21.080 application of budget law 35.21.080 authority to create 35.21.070 restrictions on spending 35.21.070 current expense fund sale of unclaimed property 63.32.030 surplus from accident claim fund 35.31.070 transfer of public utilities earning 35.27.510 current operating, unexpended appropriation 35.33.151 district health fund 70.46.080 emergency expenditures 35.32A.060 employees’ pension investment of 35.39.060 securities registration and custody 35.39.070 equipment rental authority to create 35.21.088 credit for transfer of equipment, materials or supplies 35.21.088 establishment of fund in street department or other department of city 35.21.088 transfer of equipment, materials or supplies to 35.21.088 general fund firemen’s relief and pension fund, payment of surplus to general fund 41.20.140 justice and inferior courts act of 1961, bail forfeitures paid into 3.30.090 policemen’s relief and pension fund, payment of surplus into general fund 41.20.140 transfer to city property assessment redemption fund 35.49.060 health departments public health pooling fund audit and check by state 70.12.070 expenditures 70.12.050 geared to budget 70.12.060 how maintained and disbursed 70.12.040 local improvement, investment 35.55.150, 35.56.160 local improvement guarantee bondholders recourse to 35.45.080 creation of 35.45.070 generally Ch. 35.54 installment notes 35.45.150 payrolls authority to create 35.21.085 transfer from insolvent funds 35.21.086 pensions investment advisory board 35.39.080 members employment of 35.39.100 liability of 35.39.110 powers and duties 35.39.090 investment of 35.39.060 securities registration and custody 35.39.070 police pension fund, sale of unclaimed property 63.32.030 public health pooling fund authorized 70.12.030 public health pooling fund, generally Ch. 70.12 public parks, property used or to be used as municipally owned off-street parking facilities 35.41.010 public utilities, special fund for 35.92.100 revenue bond fund, sewerage systems 35.67.120, 35.67.130, 35.67.160 revenues of municipal facilities or utilities, special funds 35.41.010, 35.41.050, 35.41.070 sewer systems, unclassified cities 35.30.020 sidewalk construction fund 35.68.040 special revolving fund, nonguaranteed bonds and warrants for local improvements 35.48.010, 35.48.030, 35.48.040, 35.48.050, 35.48.060 statewide city employees’ retirement system fund 41.44.100 trial court improvement accounts 3.50.480 water redemption 35.89.040, 35.89.050, 35.89.060 City of any class, legal aid, appropriation of funds for 2.50.125 Clarke-McNary fund transfers to cover unbudgeted forest fire fighting expenses, repayment of loans 43.88.550 Clean Washington center termination 70.95H.900 Code city, legal aid, appropriation of funds for 2.50.125 Columbia river basin water supply development account 90.90.010 Commission merchants’ fees and fines, disposition of 20.01.130 Common school construction fund sources 28A.515.320 use 28A.515.320 Community and technical college bond retirement fund sources 28B.50.370 Community and technical colleges community college capital construction account—1975 act 28B.57.050 community college capital construction bond retirement fund 28B.57.070 investment of surplus funds 43.250.010, 43.250.020 Commute trip reduction program higher education institutions, exemption from parking revenue deposit requirements 43.01.235, 43.01.236 state agency parking account, fee-setting and use of funds 43.01.240 use of public funds 43.01.230 Commute trip reduction programs state vehicle parking account, deposits and use of funds 43.01.225 Conservation assistance revolving account 89.08.550 Construction accounts exemption from certain accounting requirements to comply with federal tax law 43.88.265 Contaminated properties decontamination account 64.44.060 Counties agricultural fair, revolving 36.37.040 central services fund 36.92.040 claims fund 36.33.065 county hospital fund, establishment 36.62.252 county lands assessment creation 36.33.120 levy amount 36.33.140 purpose 36.33.130 tax sales surplus 36.33.150 county road fund bicycle paths, lanes, routes and roadways, expenditures for 36.75.240 bicycle paths, use for, authorized, standards 36.82.145 bond issues, payment of 36.82.080 city streets bridges 36.75.200 construction and repair moneys paid into 47.24.050 use of for city streets 35.77.030 construction and maintenance of roads 36.81.090 county road improvement districts (2008 Ed.) PUBLIC FUNDS maintenance expenses 36.88.350 participation, extent 36.88.340 court actions, use for 36.75.120 creation and deposits to 36.82.010 directional signs, paid from 47.36.040 expenditures from estimates of expenditures 36.40.020 limitations upon 36.82.020 federal reimbursement 36.82.060 fines for violations disposition of 36.82.210 forest roads, maintenance 36.82.140 illegal use of, procedure to correct 47.08.100 motor vehicle fund deposits in county road fund 36.82.060 maintenance of county roads 36.75.250 use of receipts from 36.82.050 warrants in anticipation of, payment 36.82.090 motor vehicle log tolerance permit fees paid into 46.44.047 proceeds from sale of road building material 36.82.120 purposes authorized for use 36.82.070 sidewalks and pedestrian paths, expenditures for 36.75.240 tax levy for, limitation 36.82.040 toll facilities, use of for county participation 47.56.250 warrants anticipation of motor vehicle funds, payment of 36.82.090 payment of 36.82.080 county road improvement guaranty fund 36.88.220 transfer of assets to county general fund 36.88.235 cumulative reserve 36.33.020, 36.33.030, 36.33.040 current expense fund bailiffs’ salary chargeable to 2.32.370 county park and recreation service areas, reimbursement 36.68.570 establishment 36.33.010 justice and inferior courts act of 1961, bail forfeitures paid into 3.30.090 motor vehicle temporary permit fees paid into 46.16.047 proceeds of sheriff’s sale 63.40.030 reporters’ salaries chargeable to 2.32.210 tax levy, surplus limitation 36.40.090 vehicle licensing application fee to go into 46.01.140 district health fund 70.46.080 election reserve accumulation 36.33.210 creation and use 36.33.200 general fund damages from nuisance actions deposited to 7.48.090 federal surplus commodities, expenditures for 36.39.040 health departments public health pooling fund audit and check by state 70.12.070 expenditures 70.12.050 geared to budget 70.12.060 how maintained and disbursed 70.12.040 intercounty river improvement fund 86.13.030 investment in United States corporation bonds authorized 39.60.010 juvenile detention facilities, allocation of funds for 13.16.080 law library fund 27.24.070, 27.24.090 legal aid, use of county funds for 2.50.120 metropolitan municipal corporations 35.58.430 parks and recreation fund, generally 36.68.070 population as basis for allocations of 36.13.100 public health pooling fund authorized 70.12.030 (2008 Ed.) public health pooling fund, generally Ch. 70.12 revolving fund for agricultural fair 36.37.040 river improvement fund 86.12.010 salary fund 36.33.060 tax refund, investment in warrants 36.33.070, 36.33.080, 36.33.090, 36.33.100 trial court improvement account 3.58.060 utility conversion guarantee fund 36.88.460 veteran’s assistance fund, payment of rent for meeting places for veterans’ organizations from 73.04.080 County public health account, distribution 70.05.125 County transportation authority transfer of existing county, city funds to 36.57.080 transportation fund 36.57.060 Crime victims compensation penalty assessments deposited in exclusive fund 7.68.035 Cultural arts, stadium and convention fund 67.38.150 Deposit with treasurer required Const. Art. 11 § 15 Deposits reports and statement under oath by treasurer of public accounts in financial institutions 42.17.245 Disability accommodation revolving fund 41.04.395 Disbursement form and manner prescribed 42.24.080 local service area fund 36.68.510 Dredged material disposal site account 79.105.510 Drinking water assistance account, use of funds 70.119A.170 Earnings on balances, where deposited 43.84.092 Education technology account 28A.650.035 Educational service district current school fund, apportionment from, by educational service district superintendent 28A.510.260 Educational service district institute fund, costs from teachers’ institutes, workshops and inservice training from 28A.415.010 Electronic products recycling account 70.95N.130 Electronic transmission or receipt authorized 39.58.750 Emergency water projects revolving account 43.83B.360 Enhanced 911 account, creation and use 38.52.540 Essential rail assistance account 47.76.250 The Evergreen State College bond retirement funds building fees, grants deposited 28B.35.750 normal school fund revenues, disposition 28B.35.370 capital projects account building fees deposited 28B.35.370 normal school fund revenues deposited 28B.35.370 Excess earnings account 39.42.120 Expenditure limitations Ch. 43.135 Family and medical leave enforcement account 49.78.350 Family preservation services 74.14C.060, 74.14C.065, 74.14C.070 Federal grants-in-aid to state for highway construction Ch. 47.04, Ch. 47.08, Ch. 47.10 unemployment trust fund, generally 50.16.030 vocational rehabilitation for, state agency receiving 43.20A.300 Federal interest payment fund employer contributions 50.16.070 Financial fraud and identity theft crimes investigation and prosecution account 43.330.300 Financial services regulation fund 43.320.110 Fire protection contractor license fund 18.160.050 Fire service training account 43.43.944 Fire services trust fund 43.43.946, 43.43.948 Firearms range account concealed weapons license fees, distribution to account 9.41.070 Flexible spending administrative account 41.05.123 Forest and fish support account 76.09.405 Forest fire fighting expenses transfer of funds to cover unbudgeted expenses, repayment of loans 43.88.550 Forest reserve, federal, revolving account, created, use apportionments from 28A.520.020 Forests and fish account 76.09.400 Foster care services, funds transfer to family preservation services 74.14C.070 Freshwater aquatic weeds account 43.21A.650 Freshwater aquatic weeds control account boat trailers, fee imposed on, deposit in account 46.16.670 Gambling revolving fund created, receipts, disbursements, use 9.46.100 General fund expenditure limitations Ch. 43.135 General fund, See also PUBLIC FUNDS, subtitle State Grade Crossing protective fund transfer of funds to general fund 81.53.281 Growth management planning and environmental review fund, creation and use 36.70A.490, 36.70A.500 Health care authority administrative account general provisions 41.05.130 Health care declarations registry account 70.122.140 Health districts, public health pooling fund, generally Ch. 70.12 Health insurance partnership account 70.47A.080 Health professions account 43.70.320 optometry board disbursements 18.54.140 Health services account 43.72.900 Health system capacity account 43.72.904 Heating oil pollution liability protection confidentiality of certain information, exceptions 70.149.090 consumer protection act, application 70.149.100 pollution liability insurance fee, collection and use 70.149.080 Heating oil pollution liability trust account, funding and use 70.149.070 High capacity transportation account 47.78.010 Higher education personnel service fund 41.06.285 Highway infrastructure account 46.68.240 Highway safety fund fees for abstract of driver’s record to go into 46.52.130 vehicle license application fees paid into 46.01.140 Hood Canal aquatic rehabilitation account 90.88.060 Industrial insurance funds and accounts Ch. 51.44 Institutional impact account 72.72.030 Insurance reserve, first class school districts 28A.330.110 Interfund transfers and loans, repayment and crediting procedure 43.09.285 Invasive species council account 79A.25.370 Investment earnings of surplus balances, deposit in treasury income account 43.84.092 Investment of, general obligation bonds deemed to be legal investment 43.75.235 Investment of local government funds administration of chapter by state finance committee 43.250.090 annual summary 43.250.080 definitions 43.250.020 [RCW Index—page 583] PUBLIC FUNDS employment of personnel by state treasurer 43.250.050 investment pool 43.250.060 public funds investment account 43.250.030, 43.250.040 purpose 43.250.010 separate accounts for participants 43.250.070 Investments agricultural college permanent fund, investment in regents’ revenue bonds 43.84.140 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 authority of state investment board 43.84.150 authorized investments, enumeration 43.84.080 bonds for capital improvements at state institution of higher education, authorized 28B.10.855 community college refunding general obligation bonds, 1974 act 28B.50.407 counties 36.29.024 current state funds authorized investments, enumerated 43.84.080 investment of United States, state, county, city and town, and school districts bonds 43.84.080 state treasurer’s authority 43.84.080 developmentally disabled, trust funds Const. Art. 29 § 1 fees, counseling, payable from earnings 43.84.160 highway construction bonds 47.10.050, 47.10.190, 47.10.320, 47.10.450, 47.10.710 motor vehicle fund investments in United States securities, exemption of income from reserve fund requirement 43.84.095 motor vehicle fund warrants 47.12.210 normal school permanent fund investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 permanent common school fund authorized, restrictions Const. Art. 16 § 5 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 state warrants 43.84.120 permanent funds, investment of collection of interest, income and principal or securities, disposition 43.84.051 disposition of securities purchased or held 43.84.041 generally 43.84.031, 43.84.041, 43.84.051, 43.84.061 procedural policies in management 43.84.031 standards 43.84.061 public pension and retirement funds, authorized investments Const. Art. 29 § 1 public works assistance account, earnings 43.84.180 regents’ revenue bonds of Washington State University and University of Washington, investment in 43.84.140 investment in regents’ revenue bonds of Washington State University 43.84.140 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 risk management division duties 43.41.330 state warrants, investment in 43.84.120 surplus moneys 43.84.170 United States corporation bonds 39.60.010 investment in regents’ revenue bonds of the University of Washington 43.84.140 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 Investments, additional authorized definitions 39.59.010 procedure 39.59.020, 39.59.030 Judges’ retirement fund created, custody, contents, records 2.12.050 [RCW Index—page 584] how constituted 2.12.060 Judicial retirement administrative account 2.14.070 Landowner contingency forest fire suppression account 76.04.630 Law enforcement officers’ and fire fighters’ system plan 1 retirement fund 41.50.075 Law enforcement officers’ and fire fighters’ system plan 2 retirement fund 41.50.075 Legislative international trade account 43.15.050 Legislature empowered to provide for accounting Const. Art. 11 § 5 License plate technology account 46.16.685 Local government administrative hearings account 42.41.060 Local improvement fund, disbursements 88.32.130 Loss of public funds, report to state auditor 43.09.185 Lottery account 67.70.230 Lottery administrative account created 67.70.260 Lottery fund reserve account 67.70.250 Low-income weatherization assistance account 70.164.030 Manufacturing innovation and modernization account 43.338.030 Medical and dental plan benefits administration accounts 41.05.143 Medical test site licensure account 70.42.090 Milk, furnishing of free in schools, public funds used therefor 28A.235.130 Minority and women’s business enterprises linked deposit program 43.86A.060, 43.86A.070, 43.86A.080 Misappropriation of limitation of action for 4.16.080 penalty 40.16.020 Mobile home park purchase account 59.22.030 Mobile home park relocation fund creation, administration, applications for funds 59.21.050 Motor vehicle fund audit of county road engineer, expenses paid from 36.80.080 bond issues for highway construction, use of motor vehicle fund in relation to Ch. 47.10 county road maintenance, payment of expenses of, charge against county allocation 36.75.250 created, use 46.68.070, Const. Art. 2 § 40 fees for copies of maps, plans, etc., for bids on highway contracts to go into 47.28.060 out-of-state commercial vehicles and combinations, permits to go into 46.16.160 permits for erecting or maintaining signs under highway advertising control act of 1961 to go into 47.42.120 reissuance of certificates of ownership and registration to go into 46.12.101 special permits for logging trucks to carry excess weight to go into 46.44.047 investment in United States securities, exemption of income from reserve fund requirement 43.84.095 moneys from fees for certificates of motor vehicle ownership or license registration to go into 46.68.020 lease of unused highway lands to go into 47.12.125 sale of confiscated property on highway right of way to go into 47.32.060 timber and other personalty on state highway lands to go into 47.12.140 vehicle licenses to go into 46.68.030 transfer of highway land to United States, municipal subdivisions or public utilities to go into 47.12.080 moneys realized from sale of confiscated property on highway right of way to go into 47.32.060 motor vehicle transporters’ licensing, moneys from deposited to 46.76.030 RV account sanitary disposal systems, rest areas 46.68.170 small city program 47.26.115 traffic devices on state highway routes through cities and towns or counties, funds in may be used for, reimbursement 47.36.060 transportation improvement account 47.26.084, 47.26.086 urban arterial trust account 47.26.080, 47.26.260 warrants issued for acquisition of highway property in advance of programmed construction as prior charge on moneys in 47.12.240 Mt. St. Helens damage to surrounding land and rivers dredging and other rehabilitative work, funding 43.01.200 Multimodal transportation account 47.66.070 Multi-purpose community centers, revenue bond fund 35.59.070 Municipal corporations county treasurer, in the custody and control of, investment by county treasurer, fee 36.29.020 Municipal corporations, See also PUBLIC FUNDS, subtitle Cities and towns; PUBLIC FUNDS, subtitle Counties Nonhighway and off-road vehicle activities program account 46.09.165 OASI contribution fund 41.48.060 OASI revolving fund created 41.48.065 Organized crime prosecution revolving fund 43.43.866 Performance audits of government account 43.09.475 Permanent common school fund safe deposit box contents rent unpaid, sale, proceeds deposited in 22.28.040 Perpetual surveillance and maintenance account 43.200.080 Personal health services account 43.72.906 Pilotage account 88.16.061 Plumbing certificate fund 18.106.130 Pollution liability insurance program account trust 70.148.020 Professional engineers’ account 18.43.150 Prostitution prevention and intervention account 9A.88.120, 43.63A.740 Prostitution prevention and intervention account, use 9.68A.105 Public depositaries protection of public funds, generally Ch. 39.58 Public employees’ and retirees’ insurance account 41.05.120 Public employees’ and retirees’ insurance reserve fund 41.05.140 Public employees’ benefits board medical benefits administration account 41.05.143 Public employees’ retirement system plan 1 fund 41.50.075 Public employees’ retirement system plan 2 fund 41.50.075 Public facilities construction loan revolving account 43.160.080 Public health services account 43.72.902 Public hospital districts, public hospital district fund, creation 70.44.171 Public improvements, incorporated towns on United States land 58.28.170 Public utility districts, See PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Public works administration account 39.12.080 Puget Sound action team abolished 90.71.904 (2008 Ed.) PUBLIC FUNDS Rainy day fund, See PUBLIC FUNDS, subtitle State, budget stabilization account Reading achievement account 43.79.485 Real estate commission account 18.85.061 Real estate education program account 18.85.321 Real estate research account 18.85.461 Real estate research center 18.85.471 Reclamation account well construction fees deposited in 18.104.150 Reclamation revolving account, moneys and disbursements Ch. 89.16 Recreation improvements bond redemption fund 43.83C.090 Reduced cigarette ignition propensity account 19.305.080 Refunding bond retirement fund of 1974 28B.50.405 Refunding bonds, 1974, legal investment for public funds 43.83F.060 Regional universities bond retirement funds building fees, grants deposited 28B.35.750 capital projects account building fees deposited 28B.35.370 normal school fund revenues deposited 28B.35.370 central college fund, abolished and moneys transferred to general fund 43.79.300 eastern college fund, abolished and moneys transferred to general fund 43.79.310 normal school permanent fund 43.79.160 western college fund, abolished and moneys transferred to general fund 43.79.320 Reinvesting in youth account 13.40.466 Religious worship, appropriation for prohibited Const. Art. 1 § 11 Rental security deposit guarantee program 59.24.060 Retirement and pension funds, investments, authorized investments Const. Art. 29 § 1 Retirement systems department expense fund 41.50.110 Risk management administration account 4.92.220 Rural Washington loan fund 43.168.110 RV account, motor vehicle fund sanitary disposal systems, rest areas 46.68.170 Safe drinking water account 70.119A.120 School employees’ retirement system fund 41.50.075 Schools and school districts annual basic education allocation for each annual average full time equivalent student 28A.150.260 basic education allocation 28A.150.250 administrative goals 28A.150.290 annual apportionments by superintendent of public instruction 28A.150.250 annual average full time equivalent student 28A.150.250 apportionment from amount school districts entitled to 28A.150.260 attendance, effect upon 28A.150.290 part time students 28A.150.260 crediting portion for school building purposes 28A.150.270 FTE student, definition 28A.150.262 high school students enrolled in technical colleges allocation to serving college rather than school district 28A.150.275 paperwork to be reduced 28A.150.290 unforeseen conditions to be recognized 28A.150.290 capital projects fund bond issue proceeds deposited in 28A.530.030 common school construction fund 28A.515.320 established, sources, use, disposition of interest Const. Art. 9 § 3 current state school fund (2008 Ed.) abolished, moneys transferred to common school construction fund 43.79.425 educational service district current school fund, apportionment from by superintendent of educational service district 28A.510.260 educational service district institute fund costs from teachers’ institutes, etc., from 28A.415.010 first class districts, insurance reserve, created, use 28A.330.110 funds for sectarian schools, prohibited Const. Art. 9 § 4 general school fund directors’ association dues paid from 28A.345.050 preschools, appropriation 28A.215.010, 28A.215.030 high school district fund transfers from to reimburse high school district for nonhigh pupils 28A.545.020 permanent common school fund apportionment by special legislation forbidden Const. Art. 2 § 28 banks and trust companies, liquidation and winding up dividends unclaimed deposited in 30.44.150, 30.44.180 personal property, proceeds deposited in 30.44.220 defalcation, fraud or mismanagement losses borne by state, interest 28A.515.310 investment, what securities Const. Art. 16 § 5 investment as authorized by law Const. Art. 16 § 5 investment in United States, state, county, city and town, and school district bonds, when authorized Const. Art. 16 § 5 investment of 28A.515.330 safe deposit box contents rent unpaid, sale, proceeds deposited in 22.28.040 unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in 30.44.220 sources, use, interest Const. Art. 9 § 3 proceeds of lands and property 28A.515.300 public schools building construction fund, abolished 43.79.331 school emergency construction fund, abolished 43.79.331 school fund, fines and forfeitures paid into 4.24.180 state educational school funds, losses from fraud, etc. Const. Art. 9 § 5 state funds adjustments to meet emergencies 28A.150.360 apportionment from adjustments to meet emergencies 28A.150.360 amount school districts entitled to 28A.150.280 basic education allocation 28A.150.250 eligible programs 28A.150.370 part time students 28A.150.350 rules and regulations concerning part time students and work training program, promulgation by superintendent of public instruction 28A.150.350 work training programs 28A.150.350 apportionment from basic education allocation crediting portion for school building purposes 28A.150.270 basic education allocation apportionment from 28A.150.290 state general fund apportionment from estimate of amounts needed by superintendent of public instruction 28A.300.170 factors for based on current figures 28A.150.400 appropriations from for schools, duty of legislature 28A.150.380 estimate of apportionment demands certified to governor by superintendent of public instruction 28A.300.170 transportation vehicle fund 28A.160.130 Scientific school permanent fund, investment in regents’ revenue bonds 43.84.140 Shared game lottery account 67.70.044 Site closure account 43.200.080 Skeletal human remains account 43.334.077 Smart homeownership choices program account 43.320.165 Snowmobile account, created deposits 46.10.075 Social and health services construction account 43.83H.030 Social and health services facilities bond redemption fund 43.83D.090 Special purpose district research services account 43.110.090 State abolished, certain transfer of residue or credit 43.79.441, 43.79.442 accounts and funds may not be established outside treasury without permission of director of financial management 43.88.190 accounts located out of state treasury, limitation on, exception 43.88.195 administrative contingency fund 50.16.010, 50.16.020 administrative hearings revolving fund allotment by 34.12.140 created, purposes 34.12.130 disbursements from 34.12.140 payments and transfers into 34.12.140 advance right of way revolving fund 47.12.244 appropriation for deposit to 47.12.244 expenditure without appropriation 47.12.244 federal funds, deposit in directly 47.12.244 reimbursement 47.12.246 advance right-of-way revolving fund 47.26.325, 47.26.330 agency payroll revolving fund 42.16.011 agency vendor payment revolving fund creation, use 42.26.010 deposits to 42.26.020 disbursements 42.26.020 rules and regulations to be adopted by director of office of financial management 42.26.030 agricultural conservation easement account 89.08.540 agriculture feed and fertilizer fund moneys transferred to feed and fertilizer account 43.79.330 fertilizer, agricultural mineral and limes fund abolished 43.79.331 allotment amendment, approval of expenditures by governor 43.79.280 apportionment to school districts adjustments to meet emergencies 28A.150.360 annual basic education allocation for each annual average full time equivalent student 28A.150.260 programs for which appropriations shall and may be made 28A.150.370 reimbursement for acquisition of transportation equipment 28A.150.280 transportation costs 28A.150.280 appropriations Const. Art. 8 § 4 aquatic invasive species enforcement account 43.43.400 arbitration of labor disputes 49.08.060 auditing services revolving account [RCW Index—page 585] PUBLIC FUNDS allocation of costs 43.09.416 allotments and transfers 43.09.412 created, purposes 43.09.410 disbursements 43.09.414 auditing services revolving fund direct payments from state departments 43.09.418 audits of revolving, local, and other funds and accounts 43.09.420 authority of state investment board 43.84.150 budget stabilization account 43.70.490, 43.79.490, 43.79.495, Const. Art. 7 § 12 budget stabilization account, See also PUBLIC FUNDS, subtitle State, budget stabilization account building communities fund account 43.63A.766 business and professions account 43.24.150 capitol building construction account created, moneys transferred to from capitol building construction fund 43.79.330 capitol building construction fund abolished 43.79.331 moneys transferred to capitol building construction account 43.79.330 cemetery account moneys transferred to cemetery account 43.79.330 cemetery fund abolished 43.79.331 C.E.P. & R.I. account created 43.79.201 C.E.P. & R.I. fund abolished and moneys transferred to C.E.P. & R.I. account of general fund 43.79.202 cerebral palsy 70.82.021, 70.82.022 city-county assistance account 43.08.290 cleanup settlement account 70.105D.130 coastal crab pot buoy tab account 77.70.442 Columbia river gorge commission moneys transferred to general fund 43.79.420 combined fund drive account 41.04.039 commemorative works account 43.19.035 commercial feed fund abolished 43.79.331 commission merchants’ fund abolished 43.79.331 common school construction fund common school plant facilities aid, allocation from 28A.525.162 community services revolving fund 9.95.360 county task forces 43.185C.160 credit not to be loaned Const. Art. 8 § 5 crime victim’s compensation 7.68.090 criminal justice treatment account 70.96A.350 current state school fund abolished, moneys transferred to common school construction fund 43.79.425 data processing revolving fund creation and use 43.105.080 death investigations account established 43.79.445 department of personnel service fund 41.06.280 depositaries, state moneys or funds, defined for purposes of 43.85.200 derelict vessel removal account 79.100.100 developmental disabilities community trust account 71A.20.170 distribution to annexed areas, basis for 35.13.260 DNA data base account 43.43.7532 domestic violence prevention account 70.123.150 economic development strategic reserve account 43.330.250 education legacy trust account 83.100.230 educational school funds, losses from fraud, etc. Const. Art. 9 § 5 emergency medical services and trauma care system trust account 70.168.040 employment and training trust funds 50.16.020 [RCW Index—page 586] essential rail banking account, merge with essential rail assistance account 47.76.270 expenditures, funds 43.185C.150 federal cooperative agricultural extension fund, source 43.79.210 federal interest payment fund 50.16.010, 50.16.015 feed and fertilizer account created, moneys transferred to from feed and fertilizer fund 43.79.330 feed and fertilizer fund abolished 43.79.331 moneys transferred to feed and fertilizer account 43.79.330 fertilizer, agricultural mineral and limes fund abolished 43.79.331 fingerprint identification account, creation and authorization of expenditures from account 43.43.839 fiscal responsibilities of state officers and employees 43.88.310 flood control assistance account 86.26.007 forest development fund abolished 43.79.331 moneys transferred to forest development account 43.79.330 freight congestion relief account 46.68.330 freight mobility investment account 46.68.300 freight mobility multimodal account 46.68.310 freshwater aquatic algae control account 43.21A.667 general administration construction fund transferred to general fund 43.79.423 general fund accounts designated as accounts in state treasury 43.79.015 apportionment from educational service districts to receive for districts 28A.510.250 distribution 28A.510.260 emergency advances, procedure 28A.510.250 monthly amount 28A.510.250 factors for based on current figures 28A.150.400 apportionment to school districts apportionment factors to be based on current figures 28A.150.400 appropriations from for schools 28A.150.380 brand and mark registration fees, deposited in 76.36.160 cerebral palsy 70.82.021, 70.82.022 escheats, sale of property of deceased inmates of public institutions, deposited in 11.08.120 fines and forfeitures paid into 4.24.180 general obligation bond retirement account, moneys transferred from 43.79.340 how constituted 43.79.010 investment reserve account abolished 43.79.435 legislative appropriation for schools for ensuing biennium 28A.150.380 license fees paid into 43.79.020 licensing expenses paid from 43.79.020 loan principal and interest fund 43.79.440 monthly financial report of state treasurer as to 43.08.150 OASI contribution fund 41.48.060 old age assistance grants charged, against 74.08.370 parks and parkways account abolished and moneys transferred to general fund 43.79.405 payroll revolving fund, transfers to 42.16.013 proceeds from sale of insurance code 48.02.180 public safety and education account 35.20.220 public school building construction account moneys transferred to general fund 43.79.423 regional universities moneys paid into for support of 43.79.180 school apportionment from amount of apportionment 28A.510.250 duty of superintendent of public instruction to make 28A.510.250 state and local improvement revolving account appropriation to department of ecology from 43.83A.900 state building and higher education construction account 43.83.094 transfer of certain state funds to 43.79.420 United States vocational education account abolished and moneys transferred to general fund 43.79.390 warrants drawn on abolished miscellaneous funds to be paid from 43.79.422 Washington State University, moneys paid into for support of 43.79.140 waste treatment operators act revenue 70.95B.150 general obligation bond retirement fund abolished and moneys transferred to general obligation bond retirement account of general fund 43.79.340 bonds prohibited from payment from fund 43.83.164 created, purpose 43.83.160 separate accounting records for each bond issue 43.83.162 utilized for 1980 school facilities bond issue 28A.525.270 geothermal account, created, deposit of revenues 43.140.030 governor as state’s agent to receive 43.79.260 grade crossing protective fund 81.53.275 grants 43.185C.070, 43.185C.080, 43.185C.090 grass seed burning research account 70.94.656 harbor improvement account, created, moneys transferred to from harbor improvement fund 43.79.330 harbor improvement fund abolished 43.79.331 moneys transferred to harbor improvement account 43.79.330 hazardous waste assistance account 70.95E.080 high occupancy vehicle account 81.100.070 higher education permanent funds, investment Const. Art. 16 § 6 high-occupancy toll lanes operations account 47.66.090 highway bond retirement fund additional bonds, construction and improvement—1967 act 47.10.756, 47.10.757, 47.10.758, 47.10.759, 47.10.760 established, use 47.10.080, 47.10.220, 47.10.350, 47.10.480, 47.10.720 excess sums in, use 47.10.090, 47.10.230, 47.10.380, 47.10.490, 47.10.722 ferry vessel acquisition bond issue 47.61.100 highway buildings and facilities bond issue 47.02.090 reserve funds for highways, streets and street use—1967 act 47.10.761, 47.10.762, 47.10.763, 47.10.764, 47.10.765, 47.10.766, 47.10.767, 47.10.768, 47.10.769, 47.10.770, 47.10.771 highway equipment fund 47.08.121 highway safety fund county road and bridge violations, fines paid into 36.82.210 created, use limited 46.68.060 driver’s record abstract fee deposited in 46.29.050 fees for motor vehicle driver’s licenses to go into 46.68.041 (2008 Ed.) PUBLIC FUNDS fees for special skills driver’s license endorsement examination 46.20.049 for hire motor vehicle certificates and operators’ permits, moneys from to go into 46.72.110 motorcycle safety education account created 46.68.065 records of department, furnishing certified copies, fees, deposit in 46.01.250 use 46.68.060 highways, advance right of way revolving fund appropriation for deposit in 47.12.244 creation 47.12.244 expenditure without appropriation 47.12.244 federal funds, deposit in directly 47.12.244 reimbursement of 47.12.246 home security fund 43.185C.060 hospital and medical facilities construction fund 70.40.150 ignition interlock device revolving account 46.68.340 individual development account program account 43.31.470 investment board Ch. 43.33A investment of, capital improvement general obligation bonds, 1973 issue, legal 43.83.124 investments, See PUBLIC FUNDS, subtitle Investments juvenile correctional institution building construction fund moneys transferred to general fund 43.79.420 King Street railroad station facility account 47.79.150 legal services revolving fund 43.10.150 rate increases, calculation changes, subject to approval 43.88.350 legislative oral history account 44.04.345 Lewis river hatchery fund 43.79.430 abolished 43.79.331 liability account payment from for obligations arising from actions against regents, trustees, officers, employees or agents of institutions of higher education or educational boards 28B.10.842 life sciences discovery fund 43.350.070 local government administrative hearings account 42.41.060 local government administrative hearings account, funding 43.09.2801 main street trust fund account 43.360.050 mass transit trust moneys transferred to general fund 43.79.420 military department active state service account 38.40.220 capital account 38.40.200 rental and lease account 38.40.210 Millersylvania Park current fund abolished 43.79.331 moneys transferred to Millersylvania Park current account 43.79.330 miscellaneous state funds abolished 43.79.421 warrants to be paid from general fund 43.79.422 mishandling, overexpending, improper accounting 43.88.280, 43.88.290, 43.88.300, 43.88.320 monthly financial report of state treasurer as to 43.08.150 motor vehicle fund appropriations from 47.10.760, 47.10.771 audit of county road engineer, expenses paid from 36.80.080 bond issues for highway construction, use of motor vehicle fund in relation to Ch. 47.10 certificate of ownership and license transfer, deposit of fees for in 46.12.101 (2008 Ed.) county road maintenance, payment of expenses of, charge against county allocation 36.75.250 created, use 46.68.070, Const. Art. 2 § 40 department of licensing services account 46.68.220 distribution of fuel taxes 46.68.090 distribution to counties formula for 46.68.122, 46.68.124 generally 46.68.120 fees for application for certificate of ownership 46.12.040 copies of maps, plans, etc., for bids on highway contracts to go into 47.28.060 permits for erecting or maintaining signs under highway advertising control act of 1961 to go into 47.42.120 reissuance of certificates of ownership and registration to go into 46.12.101 special permits for logging trucks to carry excess weight, to go into 46.44.047 ferry vessels acquisition bond issue, use of 47.61.090 funds from due counties withheld when certificate of good practice denied 36.78.090 used to pay expenses of county road administration board 36.78.110 highway buildings and facilities bond issue, transfers to highway bond retirement fund from 47.02.090 highway purposes, use limited to 46.68.130 investment in United States securities, exemption of income from reserve fund requirement 43.84.095 license fees from motor vehicle dealers 46.70.061 moneys from fees for certificates of ownership or license registration to go into 46.68.020 lease of unused highway lands to go into 47.12.125 sale of timber and other personalty on state highway lands to go into 47.12.140 vehicle licenses to go into 46.68.030 transfer of highway land to United States, municipal subdivisions or public utilities to go into 47.12.080 motor vehicle transporters’ licensing, moneys from deposited to 46.76.030 Puyallup tribal settlement account 46.68.210 street expenditures by cities and towns examination expense paid from 35.76.050 toll facilities, liquidation of accounts, transfer of surplus to motor vehicle fund 47.56.242, 47.56.243 traffic devices on state highway routes through cities and towns or counties, funds in may be used for, reimbursement 47.36.060 transportation improvement board bond retirement account 47.26.426 urban arterial bond retirement fund 47.26.406 warrants issued for acquisition of highway property in advance of programmed construction as prior charge on moneys in 47.12.240 municipal revolving account 43.09.282 Nisqually earthquake account 38.52.106 OASI contribution fund 41.48.060 OASI revolving fund created 41.48.065 organ and tissue donor account 68.64.210 oyster reserve land account 77.60.160 parks education and enhancement account, state 79A.05.059 penitentiary revolving account abolished 43.79.381 permanent common school fund apportionment by special legislation forbidden Const. Art. 2 § 28 banks and trust companies, liquidation and winding up dividends unclaimed deposited in 30.44.150, 30.44.180 personal property, proceeds deposited in 30.44.220 bonds, investment in Const. Art. 16 § 5 composition 28A.515.300 defalcation, fraud or mismanagement losses borne by state, interest 28A.515.310 investment, what securities Const. Art. 16 § 5 investment in bonds and securities of United States, state, county, cities and towns, and school districts, when authorized Const. Art. 16 § 5 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 permanent and irreducible 28A.515.300 proceeds of lands and property reverting to state 28A.515.300 safe deposit box contents unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in 30.44.220 sources of, from what derived 28A.515.300 petty cash account, advancement to agencies for deposit to 42.26.040 prescription drug consortium account 70.14.070 printing plant revolving fund audit by director of office of financial management 43.78.070 costs paid from 43.78.070 insurance paid from 43.78.070 salary of printer paid from 43.78.070 probation services moneys transferred to general fund 43.79.420 problem gambling account 43.20A.892 progress reports 43.185C.110 public assistance, central operating fund 74.08.278 public assistance eligibility 43.185C.140 public facilities construction loan revolving account 43.160.080 public health supplemental account 43.70.327 public safety and education account authorized uses for funds 43.08.250 public schools building construction fund abolished 43.79.331 public service revolving fund commercial ferry penalties paid into 81.84.050 common carriers, penalties collected for rebating, discounting, etc., paid into 81.28.220 costs of investigations and appraisals placed in 80.20.020 created 80.01.080 expenses of commission paid from 80.01.080 fees paid into 80.01.080 penalties for failure to pay mileage fees on auto stages paid into 46.16.125 public utilities, violations of title or rules and regulations, penalties deposited in 80.04.405 regulatory fees deposited in 80.24.040, 81.24.070 fines and penalties for failure to pay deposited in 80.24.050, 81.24.080 solid waste collection company fees deposited in 81.77.080 transportation companies, penalties for violations deposited in 81.04.405 Puget Sound crab pot buoy tag account 77.70.440 Puget Sound pilotage fund abolished 43.79.331 moneys transferred to Puget Sound pilotage account 43.79.330 [RCW Index—page 587] PUBLIC FUNDS Puget Sound recovery account 90.71.400 Puget Sound scientific research account 90.71.110 rainy day fund, See PUBLIC FUNDS, subtitle State, budget stabilization account real estate appraiser account 18.140.260 real estate commission account created, moneys transferred to from real estate commission fund 43.79.330 real estate commission fund abolished 43.79.331 moneys transferred to real estate commission account 43.79.330 receipt of state funds for construction of toll bridges authorized 47.56.130 reclamation revolving account created, moneys transferred to from reclamation revolving fund 43.79.330 reclamation revolving fund abolished 43.79.331 moneys transferred to reclamation account 43.79.330 regional mobility grant program account 46.68.320 regional transportation investment district account 36.120.200 reserve fund for state highways—1975-76 act Ch. 47.10 revolving funds appropriation not required 43.88.180 rules, authority 43.185C.120 rural health access account 43.70.325 school funds, See PUBLIC FUNDS, subtitle Schools and school districts seed fund abolished 43.79.331 self-insured employer overpayment reimbursement fund 51.44.142 snowmobile account, registration fees, fuel tax moneys 46.10.075 state agency parking account, fee-setting and use of funds 43.01.240 state and local improvement revolving account proceeds of social and health services facilities bond issue deposited in 43.83D.030 waste disposal facilities bond issue deposited in 43.83A.030 water supply facilities bond issue deposited in 43.83B.030 state building and higher education bond redemption fund 43.83.094 state convention and trade center account, subaccounts 67.40.040 state parks and parkways, county road and bridge violations, fines paid for 36.82.210 state patrol highway account created 46.68.030 deposit of license fees collected by patrol 46.01.140 motor vehicle fees collected by state patrol paid into 46.01.140 state treasurer’s service fund allocation to 43.08.190 created, purposes 43.08.190 expenditure limitations 43.08.200 state treasury, creation of new accounts outside of, prohibition, exception 43.88.195 state vehicle parking account, higher education institutions exempt from parking revenue deposit requirements 43.01.235, 43.01.236 state vehicle parking account, parking revenue deposits and use of funds 43.01.225 state’s interest in projects 43.185C.130 surplus, investment program demand deposits, limitation of 43.86A.020 purpose 43.86A.010 state treasurer, power not otherwise limited 43.86A.040 state treasurer to implement 43.86A.050 [RCW Index—page 588] time certificates, funds available, allocation 43.86A.030 surplus and donated food commodities revolving fund, school hot lunch program 28A.235.070 suspense account created 43.79.350 disbursements 43.79.370 source 43.79.350 Tacoma Narrows toll bridge account 47.56.165 teachers’ retirement system plan 1 fund and subdivisions 41.50.200 technical assistance 43.185C.100 title insurers, See INSURANCE, subtitle Title insurers tobacco securitization trust account 43.340.120 toll bridge funds, See PUBLIC FUNDS, subtitle Toll bridge funds toll collection account 47.56.167 tort claims liability account 4.92.130 prerequisites to payments from 4.92.130 transportation equipment fund 47.08.120 transportation innovative partnership account 47.29.230, 47.29.240 transportation partnership account 46.68.290, 46.68.295 travel expenses paid to members of boards, commissions, councils and committees, listing of 43.88.500 treasurer’s trust fund created 43.79A.020 distribution 43.79A.040 income 43.79A.040 management, income, distribution 43.79A.040 nontreasury trust funds to be placed in, exceptions 43.79A.020 purpose 43.79A.010 segregation and withdrawals of moneys in 43.79A.030 withdrawals and segregation of moneys in 43.79A.030 treasury moneys in may be invested in motor vehicle fund warrants 47.12.210 unanticipated revenues, state departments, board, or commissions, statement of need for expenditures from 43.79.270 compliance 43.79.282 governor’s duties on approval 43.79.280 undistributed receipts account, daily remittance by state officers and employees 43.01.050 unemployment compensation administration fund 50.16.050 unemployment compensation fund 50.16.010, 50.16.020 uniform service shared leave pool account 43.79.500 United States vocational education fund abolished 43.79.331 University of Washington building account 43.79.080 created, moneys transferred to from University of Washington building account 43.79.330 veterans’ rehabilitation council fund abolished 43.79.331 veterans stewardship account 43.60A.140 voluntary action center fund, creation, authorization for expenditure of funds 43.150.070 Washington service corps scholarship account 50.65.150 Washington state song proceeds moneys transferred to general fund 43.79.420 Washington State University building account created, moneys transferred to from state college of Washington building fund 43.79.330 water conservation account 43.155.100 State building refunding bond redemption fund 43.83F.040 State general obligation bond retirement fund bonds prohibited from payment from fund 43.83.164 created, purpose 43.83.160 separate accounting records for each bond issue 43.83.162 State patrol highway account motor vehicle licenses, certificates of ownership, registration, application fees collected by state patrol paid into 46.01.140 State payroll revolving account 42.16.011, 42.16.012, 42.16.013, 42.16.014, 42.16.015 State university permanent fund created 43.79.060 source 43.79.060 Statement of receipts and expenditures to be published Const. Art. 7 § 7 Statute law committee publications account 1.08.0392 Surface mining reclamation account 78.44.045 Surplus balance investment earnings, deposit in treasury income account distribution of earnings 43.84.092 Surveys and maps account 58.24.060 Teachers’ retirement system plan 1, plan 2, and plan 3 funds 41.50.075 Teachers’ retirement system plan 1 fund and subdivisions 41.50.200 Temporary worker housing inspection fund 43.70.340 Toll bridge project funds construction fund 47.56.150 agreement on deposit of moneys in 47.56.190 transfer of moneys from for bond payments 47.56.170 disposition of earned interest on funds deposited 47.56.180 reserve funds authorized 47.56.170 toll revenue fund 47.56.160 agreement on deposit of moneys in 47.56.190 payments for insurance or indemnity bonds may be paid from 47.56.230 transfer of moneys from for bond payment 47.56.170 use of surplus funds in 47.56.170 transfer of moneys from for bond payment 47.56.170 Toxics control accounts, state and local 70.105D.070 Transitional housing operating and rent account 43.185C.215 Transportation 2003 account (nickel account) 46.68.280 Transportation improvement account 47.26.084, 47.26.086 Treasurer, deposit with required Const. Art. 11 § 15 Treasury income account established 43.84.092 Underground storage tank account 90.76.100 Unemployment compensation administration fund 50.16.050 University of Washington University of Washington bond retirement fund 28B.20.720 University of Washington building account bond proceeds deposited 28B.20.715 created 43.79.080 University of Washington building fund abolished 43.79.331 moneys transferred to University of Washington building account 43.79.330 University of Washington fund abolished 43.79.073 moneys transferred to general fund 43.79.071 University of Washington medical and dental building and equipment fund abolished 43.79.331 (2008 Ed.) PUBLIC LANDS University of Washington self-insurance revolving fund 28B.20.253 University permanent fund investment in regents’ revenue bonds 43.84.140 Urban arterial bond retirement fund 47.26.406 Urban arterial trust account created 47.26.080 Using or making a profit out of, a felony Const. Art. 11 § 14 Vehicle licensing fraud account 46.68.250 Vessel response account, dedicated rescue tug 90.56.335 Veteran estate management account 73.04.135 Veterans innovations program account 43.60A.185 Warren G. Magnuson institute trust fund 28B.20.468 Washington fruit express account 47.01.310 Washington State University agricultural college permanent fund, investment in regents’ revenue bonds 43.84.140 agricultural permanent fund allocation 43.79.130 created 43.79.130 source 43.79.130 Morrill fund 28B.30.275 revolving fund for dairy/forage and agricultural research facility 28B.30.810 scientific permanent fund allocation 43.79.110 created 43.79.110 scientific school permanent fund, investment in regents’ revenue bonds 43.84.140 state college of Washington building fund abolished 43.79.331 moneys transferred to Washington State University building account 43.79.330 Washington State University bond retirement fund generally 28B.30.740 Washington State University building account 43.79.335 bond proceeds deposited 28B.30.730 Washington State University bond retirement fund 28B.30.741, 28B.30.742 Washington State University tree fruit research center office-laboratory construction account, 1975 appropriation 28B.30.619 office-laboratory facilities bond redemption fund, created, use 28B.30.610 Waste disposal facilities bond redemption fund 43.83A.090 Waste tire removal account 70.95.521, 70.95.530 Water supply facilities bond redemption fund 43.83B.090 Waterworks operator certification account 70.119.150 Wildlife fund personalized license plates, additional fee to be deposited in fund 46.16.606 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 Youth tobacco prevention account 70.155.120 PUBLIC HEALTH (See also HEALTH AND SAFETY) Appropriations for by counties 70.12.025 Asthma, state plan 43.70.690 Beverage containers pull-tab openers 70.132.010, 70.132.020, 70.132.030, 70.132.040, 70.132.050 Biomedical waste definitions 70.95K.010 legislative findings 70.95K.005 state preemption of local definitions 70.95K.011 waste treatment technologies (2008 Ed.) evaluation by department of health 70.95K.020 Children’s safe products 43.70.660, Ch. 70.240 Community-based sealant programs in schools 18.29.220, 18.32.226 Comprehensive community health centers construction projects fiscal assistance, approval, use 70.10.040 interagency cooperation 70.10.050 defined 70.10.020 federal/state fund, application for, administration of, authorization 70.10.030 legislative intent 70.10.010 Cooperation with federal programs 70.01.010 County appropriations for 70.12.025 Flu pandemic influenza preparedness Ch. 70.26 Health sciences and services authorities Ch. 35.104 Immunity from implied warranties blood, blood products, tissues, organs, or bones 70.54.120 Pandemic influenza preparedness definitions 70.26.020 fund distribution 70.26.060 legislative intent 70.26.010 local preparedness, plans 70.26.030, 70.26.040, 70.26.050 secretary of health, duties 70.26.070 Polybrominated diphenyl ethers — Flame retardants Ch. 70.76 Public Water System Coordination Act of 1977 Ch. 70.116 Required measurable outcomes 43.70.512, 43.70.514, 43.70.516, 43.70.518 School sealant endorsement program 43.70.650 Sharps waste residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 Sharps waste collection 70.95.715 Supplemental account 43.70.327 Tuberculosis control confinement of person with active tuberculosis 70.28.037 definitions 70.28.008 due process standards 70.28.032 health officers’ powers and duties 70.28.031 health officials’ power to control 70.28.005 payment for treatment 70.30.045 record of reports, local health departments to maintain 70.28.020 report of cases 70.28.010, 70.28.032 secretary of health’s responsibilities 70.28.025 training requirements 70.28.032 treatment, isolation, or examination order of health officer 70.28.033, 70.28.035 Tuberculosis hospitals and facilities admissions 70.30.061 annual inspection 70.30.081 definitions 70.30.015 funding 70.30.055 Wastewater treatment systems, designer licensing Ch. 18.210 PUBLIC HIGHWAYS (See HIGHWAYS) PUBLIC HOSPITAL DISTRICTS (See HOSPITALS, subtitle Public hospital districts) PUBLIC IMPROVEMENTS (See LOCAL IMPROVEMENTS AND ASSESSMENTS; PUBLIC WORKS) PUBLIC INSTITUTIONS (See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF; STATE INSTITUTIONS) PUBLIC INSTRUCTION, SUPERINTENDENT OF (See SUPERINTENDENT OF PUBLIC INSTRUCTION) PUBLIC LAND SURVEYS Conflict with Washington coordinate system United States survey to prevail 58.20.210 PUBLIC LANDS (See also PARKS AND RECREATION) Access roads, permits Ch. 79.38 Aquatic lands, See also AQUATIC LANDS Aquatic lands - beds of navigable waters disclaimer of title to by state where patented Const. Art. 17 § 2 ownership of asserted by state Const. Art. 17 § 1 Aquatic lands—beds of navigable waters Cowlitz river 79.130.070 lease federal permit 79.130.030 re-lease, preference right 79.130.040 terms and conditions 79.130.010, 79.130.020 Port Gardner bay 79.130.060 Unites States Navy base 79.130.050 Aquatic lands—easements and rights of way irrigation, diking, and drainage/overflow appraisal, certificate 79.110.320 eminent domain, relating to 79.110.350 overflow rights, grant 79.110.330 overflow rights and rights of way, condemnation 79.110.340 procedure 79.110.310 who may acquire 79.110.300 roads, bridges, and trestles common carriers 79.110.130 counties, cities, towns, municipalities 79.110.120 local, state, or federal government petition to establish 79.110.100 location and plans, approval 79.110.140 railroad 79.110.110 utility pipelines, transmission lines, etc. appraisal, certificate 79.110.220 charge, term of easement 79.110.240 procedure 79.110.210 public utilities lines 79.110.230 who may acquire 79.110.200 valuable materials, removal of application for right of way 79.110.060 facilities and services 79.110.030 forfeiture for nonuser 79.110.070 lands subject to easements 79.110.010 private easements subject to common use 79.110.020 utilities and transportation commission, duties 79.110.040 violations, penalty 79.110.050 Aquatic lands—general conveyances, other exchange of tidelands and shorelands 79.105.400 gift of aquatic lands 79.105.410 port districts, management by 79.105.420 private recreational docks, mooring buoys 79.105.430 dredged material disposal account 79.105.510 disposal sites 79.105.500 fees, use of sites 79.105.520 management, administration definitions 79.105.060 findings 79.105.010 fostering use of aquatic environment 79.105.050 guidelines 79.105.030 property right, shoreline management act 79.105.040 purpose 79.105.020 management provisions, other archaeological activities 79.105.600 city use of land for marina 79.105.620 evergreen community, preference 79.105.630 Puget Sound partners 79.105.610 rates, leasing and rental [RCW Index—page 589] PUBLIC LANDS administrative review 79.105.320 improvements, rent for 79.105.310 interest rate 79.105.350 lease in effect 10/1/84 79.105.260 log storage rents 79.105.250 mineral or geothermal resources, recovery 79.105.280 multiple uses 79.105.290 nonwater dependent uses 79.105.270 nonwater-dependent uses 79.105.300 payment, rent 79.105.340 public parks or recreation, use for 79.105.230 rules, adoption 79.105.360 security, leases over one year 79.105.330 tidelands in front of public parks 79.105.220 use and occupancy fee in lieu of lease 79.105.200 water-dependent uses 79.105.240, 79.105.300 water-dependent uses, preservation 79.105.210 use, sale, and lease provisions actions, court review 79.105.160 applications, fees 79.105.110 applications forms, sale or lease 79.105.100 assignment, contracts or leases 79.105.140 deposit, use of proceeds 79.105.150 official acts, reconsideration 79.105.130 survey, area subject to sale 79.105.120 Aquatic lands—harbor areas harbor line establishment and relocation commission duties, lines and areas 79.115.010 improvements, seizure or sale for taxes 79.115.050 Port Gardner Bay 79.115.040 relocation, commission 79.115.020 relocation, legislature 79.115.030 harbor lines commission 43.30.540 leases docks, wharves - construction or extension 79.115.110 re-lease 79.115.120, 79.115.130 terms 79.115.100 towns, areas or tidelands within 79.115.150 Wharfage, dockage, and other tolls 79.115.140 Aquatic lands—oysters, geoducks, shellfish, other aquacultural uses, and marine aquatic plants general provisions Bush act/Callow act lands 79.135.010 products, sale by leaseholder 79.135.040 reserve or revisionary rights in tidelands, sale 79.135.020 wrongful taking of shellfish 79.135.030 geoduck harvest/cultivation agreements, regulation 79.135.210 designation of aquatic lands 79.135.220 intensive management plan 79.135.230 survey by private party, leasing 79.135.200 leasing for shellfish cultivation/aquaculture use abandonment, application for other lands 79.135.170 beds of tidal waters 79.135.110 department/director duties inspection and report, rental and term 79.135.130 renewal lease, application 79.135.150 rents and fees 79.135.100 reversion of use 79.135.160 survey and boundary markers 79.135.140 who may lease 79.135.120 marine aquatic plants definition 79.135.400 seaweed 79.135.410, 79.135.420, 79.135.430 oyster reserves authority to lease 79.135.300 inspection 79.135.310 [RCW Index—page 590] vacation of reserve 79.135.320 Aquatic lands—valuable materials, sale of sale procedure advertising, expenditures 79.140.030 confirmation of sale 79.140.080 highest responsible bidder 79.140.060 list, information 79.140.020 manner of sale, notice 79.140.010 public auction, procedure 79.140.070 public auction/sealed bid required, exception 79.140.050 reoffer of sale, readvertised 79.140.040 special provisions and leases bill of sale 79.140.140 channel or harbor improvement 79.140.110 Columbia river 79.140.100 flood control 79.140.110 Mt. St. Helen’s eruption 79.140.120 prior appraisal required 79.140.130 prospecting and mining 79.140.190, 79.140.200 rock, gravel, sand, and silt 79.140.150, 79.140.160, 79.140.170, 79.140.180 Aquatic lands—waterways and streets approval of plans/authorize construction 79.120.030 excavation 79.120.050 first class tidelands and shorelands, platting department duties 79.120.010 permits 79.120.040 vacation 79.120.060 validation 79.120.020 Aquatic—tidelands and shorelands conveyance to public entities/public use city parks and playgrounds 79.125.710, 79.125.720, 79.125.730 municipal corporation or state agency, sale to 79.125.700 recreational use, lands reserved for 79.125.740, 79.125.750 United States, use granted to 79.125.760, 79.125.770, 79.125.780, 79.125.790 United States navy base 79.125.800 exchange, sale, lease limitations/terms failure to re-lease 79.125.300 lease for booming 79.125.220 mistake or fraud, effect 79.125.310 public entities, sale only to 79.125.200 remaining lands, sale 79.125.290 sale procedure 79.125.240, 79.125.250, 79.125.260, 79.125.270 second-class tidelands, sale 79.125.210 separated from uplands by navigable water, sale 79.125.230 subdivision of leases 79.125.280 plat/appraisal/replat appraisal, records 79.125.060 appraisal, sale date 79.125.050 first-class, platting duty 79.125.020 plats, records 79.125.040 public notice requirements 79.125.070 replat, vacation 79.125.080, 79.125.090, 79.125.100, 79.125.110 second-class, platting authority 79.125.030 tidal rivers, line dividing 79.125.010 sale or leasing preference accretions 79.125.440 first-class platted, lease 79.125.400 first-class unplatted, lease 79.125.410 public interest, when in 79.125.460 second-class shorelands on navigable lakes 79.125.450 time limit on exercise 79.125.430 vacation by replat 79.125.420 sales advertising expense, additional 79.125.620 confirmation of sale 79.125.680 date, place, and time 79.125.600 deposits, bid bonds, memorandum 79.125.660 highest responsible bidder 79.125.650 list, lands for sale 79.125.610 public auction 79.125.640 readvertisement, lands not sold 79.125.670 reoffer, continuance 79.125.630 second-class shorelands—special platting and selection boundary when water lowered 79.125.500 Lake Washington, platting 79.125.520, 79.125.530 Seattle, shorelands granted to 79.125.500 survey/platting 79.125.510 Assessments, See PUBLIC LANDS, subtitle Local improvements and assessments against Bank, land creation, authority 79.19.020 exchange or sale 79.19.030 funds, appropriation from account 79.19.050 legislative finding 79.19.010 management of property held 79.19.040 reimbursement for costs and expenses 79.19.060 technical advisory committee 79.19.070 trust land expected to convert to other uses identification, hearing 79.19.080 commercial, industrial, or residential use, payment in-lieu of property tax 79.19.110 urban land, exchange for land bank land 79.19.090 urban land - cooperative planning, development 79.19.100 Capitol building lands Ch. 79.24 Cities and towns, See CITIES AND TOWNS Columbia basin project, irrigation and reclamation districts within Ch. 89.12 Commissioner of public lands actions, attorney general to represent 43.01.075 bonds 43.12.041 deputy commissioner 43.12.021 duties of, to be prescribed by legislature Const. Art. 3 § 23 election Const. Art. 3 § 1 employees - assistants 43.12.031 enforcement actions 43.12.055 fish and wildlife department lands, lease for oil and gas resources 77.12.210 generally Ch. 43.30 oath of office 43.01.020, 43.12.021 office may be abolished by legislature Const. Art. 3 § 25 powers and duties generally 43.12.010 public meetings, notices of, contained in state register 34.08.020 records to be kept at state capitol Const. Art. 3 § 24 rule enforcement authority, penalties 43.12.065 rule-making authority 43.12.045 salary, amount of 43.03.010 regulated by legislature Const. Art. 3 § 23 state capitol committee member of 43.34.010 secretary of 43.34.015 succession to governorship Const. Art. 3 § 10 term of office 43.01.010, Const. Art. 3 § 3 County lands, See COUNTIES Department of natural resources withdrawal of state reforestation lands from lease for game purposes 77.12.360 Derelict vessels account, derelict vessel removal 79.100.100 authority - responsibility 79.100.030 chapter not exclusive 79.100.020, 79.100.080 contesting decisions 79.100.120 contract with private company/individual 79.100.070 custody, obtaining 79.100.040 definitions 79.100.010 marina owner contract with local government 79.100.130 reimbursement for costs 79.100.060 upon aquatic lands, penalty 79.100.110 use or disposal 79.100.050 (2008 Ed.) PUBLIC LANDS Easements, See also PUBLIC LANDS, subtitle Aquatic lands - easements and rights of way Easements over public lands acquisition authority 79.36.310 condemnation - duty of attorney general 79.36.320 disposal of property interests 79.36.330 payment - moneys available to department 79.36.340 granting application for right of way 79.36.350, 79.36.650 condemnation proceedings, state land involved 79.36.360 county roads, streets, or wharves - right of way 79.36.440 easement over public lands subject to common user 79.36.610 forfeiture for nonuse 79.36.430 irrigation, diking, and drainage - right of way 79.36.540, 79.36.550, 79.36.560 material, removal of - easement reserved in later grants 79.36.590 overflow rights, grant 79.36.570 private easement over state lands subject to common user 79.36.600 private land, same rights as 79.36.355 railroad right of way 79.36.450, 79.36.460, 79.36.470, 79.36.480, 79.36.490, 79.36.500 reservations in grants and leases 79.36.620 rights of way and overflow rights, construction of sections relating to 79.36.580 utilities and transportation commission, duties 79.36.630 utility pipelines, transmission lines - right of way 79.36.510, 79.36.520, 79.36.530 valuable materials, removal of 79.36.370, 79.36.380, 79.36.390, 79.36.400, 79.36.410 violating commission’s order, penalty 79.36.640 Federal reclamation areas, state lands within Ch. 89.12 Fire protection allowing extreme fire hazard, liability 76.04.495 arrests without warrants 76.04.065 blasting fuse, use of 76.04.246 burning permits 76.04.205 campfires, failure to extinguish 76.04.700 closure of fire hazard areas 76.04.305, 76.04.325 contracts for protection and development 76.04.105, 76.04.115, 76.04.125 cooperative agreements, public agencies 76.04.135 cooperative protection 76.04.095 definitions 76.04.005 department powers and duties 76.04.015 deposit of fire or live coals during closed season 76.04.435 disposal of forest debris, clearing roads 76.04.650 federal funds 76.04.025 felling trees on another’s land, permission to 76.04.650 fire fighting, employment, assistance 76.04.155 fire hazards, additional, extreme 76.04.660 fire prevention and suppression duties owed to public in general 76.04.016 forest fire advisory board 76.04.145 forest fire protection assessments 76.04.610, 76.04.630 investigations 76.04.015 landowner contingency forest fire suppression account 76.04.630 lighted material, smoking, ashtrays, notices 76.04.455 logging operations, shutting down 76.04.325 (2008 Ed.) mill waste, forest debris, dumping prohibited 76.04.235 mill wood waste, spark arresters 76.04.215 negligent spreading of fire 76.04.730 notices, removal of 76.04.720 owners to protect forests 76.04.600 rangers, ex officio rangers 76.04.045 reckless burning 76.04.710, 76.04.740 reports of fire 76.04.445 rule violations, penalties 76.04.075, 76.04.085 sealed fire tool box, unauthorized entry 76.04.425 service of notices 76.04.055 slash burns, escaped 76.04.486 snags, certain, to be felled 76.04.465 spark-emitting equipment regulated 76.04.405 state appropriations, recovery from landowner contingency fire suppression account 76.04.620 suppression reimbursement for costs 76.04.475 suspension of burning permits or privileges 76.04.315 uncontrolled fire, public nuisance 76.04.750 violations, work stoppage 76.04.415 wardens 76.04.035 willful setting of fires 76.04.710 Fish and wildlife, department of exchange of lands with landowners if in public interest 43.300.070 Forest lands, state - acquisition, management, and disposition cooperative forest management agreements 79.10.400, 79.10.410, 79.10.420, 79.10.430, 79.10.440, 79.10.450, 79.10.460, 79.10.470, 79.10.480 general provisions acquisition - requisites 79.22.020 county land, deed to department 79.22.040 notification requirements 79.22.130 powers, department of natural resources 79.22.010 reacquisition of lands from federal government 79.22.100 reconveyance to county 79.22.110, 79.22.120 record of proceeds 79.22.030 rules - violation and penalty 79.22.070 timber, timber land, or products - sales and leases 79.22.050 transfer or disposal of lands without public auction 79.22.060 utility bonds 79.22.080, 79.22.090 public park purposes - transfers of state forest land procedure, reconveyance back 79.22.300 provisions cumulative and nonexclusive 79.22.330 timber resource management 79.22.310 transferred by deed 79.22.320 timber - contract harvesting 79.15.500, 79.15.510, 79.15.520, 79.15.530, 79.15.540 Funds for managing and administrating Ch. 79.64 Harbor areas, See HARBOR AREAS; PUBLIC LANDS, subtitle Aquatic lands - harbor areas Indian lands, See INDIANS, subtitle Lands Leases, state land general provisions authority 79.13.010 contents, lease 79.13.030 crops on forfeited land, disposition of 79.13.080 forfeiture 79.13.070 improvements 79.13.050 inspections - surveys 79.13.040 national defense, leases to United States for 79.13.090 terms, lease 79.13.060 who may lease 79.13.020 other leases amateur radio electronic repeater sites and units - rental rates 79.13.510 amateur radio repeater stations 79.13.500 ecosystem standards - purpose 79.13.620 geothermal resources - development guidelines 79.13.530 grazing lands - fish and wildlife goals technical advisory committee, implementation 79.13.610 nonprofit television reception improvements districts - rental rates - frequencies 79.13.520 salmon stocks - grazing lands - coordinated resource management plans, findings 79.13.600 procedure acquired lands, lease/rent of 79.13.150 auctions, procedure 79.13.140 auctions, scheduling 79.13.130 improvement, appraisement before lease 79.13.160 improvement, water right for irrigation 79.13.170 notice of leasing 79.13.120 record of leases 79.13.180 types of lease authorization 79.13.110 share crop/grazing leases authorized 79.13.320 grazing leases - restrictions 79.13.370 grazing permits - United States government 79.13.390 grazing ranges, improvements of 79.13.400, 79.13.410 harvest, storage of crop - notice - warehouse receipt 79.13.330 insurance of crop - division of cost 79.13.350 livestock grazing on lieu lands 79.13.380 other provisions to share crop leases, application of 79.13.360 sale, storage, or other disposition of crop 79.13.340 Leases - mineral, coal, oil, and gas coal mining authority to execute 79.14.470 confidential information 79.14.530 damage to surface owner or lessee 79.14.500 lease - application, terms, royalties 79.14.510 lease without option contract 79.14.520 materials from land, use and sale of 79.14.540 option contract, application - fee 79.14.480 option contract, investigation and issue 79.14.490 re-lease, procedure 79.14.570 suspension of mining - termination of lease 79.14.550 termination, conditions of premises upon 79.14.560 waste prohibited 79.14.580 oil and gas appeal from rulings of commissioner 79.14.220 assignments and subleases 79.14.210 authorized leases - terms - duration 79.14.020 cancellation or forfeiture - new leases 79.14.090 compensation for surface damage 79.14.040 cooperative or unit plans - communication or drilling agreements 79.14.100 customary provisions 79.14.110 definitions 79.14.010 geologic structure, leases of land within 79.14.080 lands may be withheld 79.14.180 prior permits validated - relinquishment for new leases 79.14.200 rental fees - minimum royalties 79.14.030 rights of way over public land - timber, payment 79.14.140 royalty share, payment of - royalty in kind 79.14.190 [RCW Index—page 591] PUBLIC LANDS rules 79.14.120 timber, sales - rules 79.14.150 wells, location 79.14.130 prospecting and mining authority to issue documents 79.14.300 compliance, compensation 79.14.340 consolidation 79.14.430 disclosure of information 79.14.440 disposition of materials not covered by lease or contract 79.14.450 forms, terms, conditions - leases and contracts 79.14.390 lessee’s rights and duties relative to owner of surface rights 79.14.370 mining contracts - renewal of contract 79.14.420 prospecting lease - application fee 79.14.330 prospecting lease - conversion to mining contract 79.14.360 prospecting lease - terms 79.14.350 public auction of mining contracts 79.14.310 reclamation of premises 79.14.400 recreational mineral prospecting permits 79.14.315 royalty, minimum 79.14.410 rules, authority to adopt 79.14.320 termination for default 79.14.380 Local improvements, assessments and charges against state land assessing district defined 79.44.003 assessment defined 79.44.004 assessment need not be added, when 79.44.120 assessments paid by state added to purchase price 79.44.095 assignment of lease or contract to purchaser at foreclosure sale 79.44.100 eminent domain assessments - application of chapter 79.44.140 enforcement against lessee or contract holder 79.44.070 foreclosure against leasehold or contract interest 79.44.080 leaseholds, apportioning cost on 79.44.030 local improvements superseded 79.44.130 notice to state - intention to improve or impose assessment 79.44.040 payment by state after forfeiture of lease or contract 79.44.090 payment procedure - lands not subject to lien 79.44.060 roll, certification - penalties, interest 79.44.050 state lands subject to local assessments 79.44.010 state’s proportion of cost 79.44.020 unpaid assessments or delinquencies, acquisition of real property by state or political subdivision 79.44.190 Management - general contracts/records/fees/applications abstracts of public lands 79.02.200 applications - blank forms for appraisal transfer, sale, and lease of state lands, valuable materials 79.02.230 cedar theft, protection against 79.02.370 charitable, educational, penal, and reformatory real property 79.02.400, 79.02.410 Christmas trees, removal - compensation 79.02.340, 79.02.350 community and technical college forest reserve land base - management and disposition of revenue 79.02.420 contracts or leases, assignment of 79.02.280 contracts or leases, subdivision of - fees 79.02.290 deed 79.02.270 fees, authority to charge and collect 79.02.240 fees, book 79.02.260 fees, reasonable - disposition 79.02.250 [RCW Index—page 592] lessee or contract holder guilty of misdemeanor 79.02.330 maps and plats - record index - public inspection 79.02.210 removal of timber, manufacture into articles - treble damages 79.02.320 seal 79.02.220 trespass, waste, damages - prosecutions 79.02.300 trespasser guilty of larceny, when 79.02.310 federal land grants failure or rejection of selection, relinquishment on 79.02.160 federal certification that lands are nonmineral, applications for 79.02.110 lieu lands 79.02.120, 79.02.130, 79.02.140 uncompleted grants, selection to complete 79.02.150 United States land offices, appearance before 79.02.100 general provisions actions, court review of 79.02.030 county auditor’s duties, transfer of 79.02.090 definitions 79.02.010 mistake or fraud, effect of 79.02.050 official acts, reconsideration of 79.02.040 scope of chapter provisions 79.02.060 statutes not applicable to state tidelands, shorelands, harbor areas, and beds of navigable waters 79.02.095 violations, rewards for information regarding 79.02.080 witnesses, compelling attendance 79.02.020 Management of land - authorities and policies forest management, cooperative agreements agreements, authority to enter into 79.10.400 agreements, limitations on 79.10.420 contracts, transfer or assignment of 79.10.470 contracts - requirements, timber 79.10.460 easements - life of agreements 79.10.430 minimum price, timber 79.10.450 performance bond - cash deposit 79.10.480 sale agreements, timber 79.10.440 units, authority establish 79.10.410 general provisions classification of land after timber removed 79.10.080 lands held in trust, economic analysis of 79.10.090 multiple use compatible with financial obligations of trust management 79.10.120 concept to be utilized, when 79.10.100 conferring with other agencies - public hearings authorized 79.10.220 definition 79.10.110 fishing, hunting, and nonconsumptive wildlife activities - land open to public 79.10.125 land resource allocation plan 79.10.200 land use data bank 79.10.280 natural resources department, existing authority and powers preserved 79.10.240 natural resources department, scope of authorized activities 79.10.130 outdoor recreation - facilities - right of way and public access - use of funds 79.10.140 public lands identified and withdrawn from conflicting uses 79.10.210 state park and state game purposes, existing withdrawals preserved 79.10.250 sustainable harvest arrearage, existence at end of planning decade - analysis - sale 79.10.330 definitions 79.10.300 program 79.10.320 sale 79.10.340 sustained yield plans defined 79.10.310 Marine plastic debris agreements with other entities 79.145.040 coordinating implementation, rules 79.145.030 definitions 79.145.020 employees, hiring 79.145.050 grants, funds, or gifts 79.145.070 information clearinghouse contracts 79.145.060 intent, legislative 79.145.010 Milwaukee road corridor Ch. 79.73 Natural area preserves bird areas, important 79.70.110, 79.70.120 dedication of property as natural area 79.70.090 definitions 79.70.020 natural heritage advisory council 79.70.060, 79.70.070, 79.70.080 powers, natural resource department 79.70.030, 79.70.040 public hearing - establishment of boundaries 79.70.100 purpose 79.70.010 real property taxes, in lieu of 79.70.130 Natural resources, department of generally Ch. 43.30 Natural resources conservation areas account, nature resources conservation area stewardship 79.71.090 acquisition of property 79.71.040 administration 79.71.080 characteristics of potential land 79.71.020 definitions 79.71.030 designation of certain areas 79.71.100 Elk river - transfer of management, hunting 79.71.120 legislative findings 79.71.010 management plans 79.71.070 public hearing 79.71.060 real property taxes, in lieu of 79.71.130 trust land, transfer of 79.71.050 Navigable waters, See PUBLIC LANDS, subtitle Aquatic lands - beds of navigable waters Noxious weed control Ch. 17.10 Parks, See PARKS AND RECREATION, subtitle Public lands Parks, use of lands for state or city purposes Ch. 79A.50 Parks and recreation, See PARKS AND RECREATION, subtitle State parks Parks and recreation commission, powers and duties Ch. 79A.05 Reclamation federal reclamation areas, state lands within Ch. 89.12 Reclamation, See also RECLAMATION Reclamation by state Ch. 89.16 Reclamation districts of one million acres or more Ch. 89.30 Recreational lands Title 79A River and harbor improvement districts, assessments 88.32.040 Rural development, See PUBLIC LANDS, subtitle Land settlement Sales, state land other sale provisions acquired lands 79.11.340 assessments added to purchase price 79.11.320 lands with low-income potential 79.11.310 leased land reserved from sale 79.11.290 platting lands subject to 79.11.250 vacation, preference right to purchase 79.11.270 vacation, vested rights 79.11.260 procedures administrative sites, sale of 79.11.005 advertising, additional 79.11.140 advertising, notice and pamphlet 79.11.130 conduct of sales 79.11.150 confirmation of sale 79.11.175 date of sale limited by time of appraisal 79.11.100 deposit of purchaser to cover value of improvements 79.11.160 fixing date, place, and time of sale 79.11.120 (2008 Ed.) PUBLIC OFFICERS AND EMPLOYEES form of contract, forfeiture 79.11.200 inspection, purchase less than a section of unplatted state lands 79.11.060 inspection and appraisal 79.11.080 maximum and minimum acreage subject to sale 79.11.010 notification 79.11.135 public auction, sales by 79.11.090 readvertisement of lands not sold 79.11.190 relinquishment to United States, in certain cases of reserved mineral rights 79.11.220 reoffer and readvertisement, no bids received 79.11.165 reservation in contract 79.11.210 separate appraisal of improvements not owned by state 79.11.110 survey to determine area subject to sale 79.11.070 who may purchase, application, fees 79.11.020 Scenic river system Ch. 79A.55 Seashore recreation area, See OCEAN BEACHES Settlement, See PUBLIC LANDS, subtitle Land settlement Shellfish reserves on state aquatic lands, establishment 77.60.100 Shorelands, See PUBLIC LANDS, subtitle Aquatic lands - tidelands and shorelands; SHORELANDS Shorelines, shoreline management act of 1971, See SHORELINE MANAGEMENT Southwest Washington fair, conveyance to Lewis county 36.90.070 State institutions outdoor recreational lands, public use conditions 72.01.460 Tidelands, See PUBLIC LANDS, subtitle Aquatic lands - tidelands and shorelands; TIDELANDS rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Transfers, land exchanges administrative sites, property acquired as 79.17.040 authority, purpose, conditions 79.17.010 commercial recreational leasing potential 79.17.020 consolidate and block up holdings 79.17.020, 79.17.060, 79.17.070 public notice 79.17.050 University of Washington demonstration forest and experiment station 79.17.030 public notice 79.17.220 school districts and institution of higher education, purchase or lease of land application 79.17.100 contract period, extension 79.17.130 leased lands with improvements, purchase of 79.17.110 real property - transfer or disposal without public auction 79.17.200 real property asset base - account 79.17.210 school construction fund, purchases from 79.17.120 Unincorporated towns on, See TOWNSITES Valuable materials, sale of aquatic lands Ch. 79.140 easements - removal of material certain state lands subject to easements 79.36.370, 79.36.380, 79.36.390, 79.36.400, 79.36.410 firewood license, application and fee 79.15.420 license, authority to issue 79.15.400 removal only for personal use 79.15.410 removal without charge 79.15.430 violations, penalties 79.15.440 general provisions advertising 79.15.080, 79.15.090 appraisal - defined 79.15.055 (2008 Ed.) bill of sale 79.15.130 conduct 79.15.110 confirmation 79.15.120 contract impracticable to perform, provisions 79.15.140 date and time of sale 79.15.060, 79.15.070 duties of department 79.15.020 reoffer 79.15.150 rules or procedures, authority 79.15.030 sale without application or deposit, authority 79.15.040 sold separate from land 79.15.010 terms and conditions 79.15.100 type of sale - direct sale 79.15.050 who may purchase - fee 79.15.045 rock, gravel, etc. contracts 79.15.300 road material - sale to public authorities 79.15.320 timber contract harvesting 79.15.500, 79.15.510, 79.15.520, 79.15.530, 79.15.540 damaged valuable materials, sale of 79.15.210, 79.15.220 Weed control Ch. 17.04, Ch. 17.06, Ch. 17.10 Wildlife conservation and outdoor recreation lands acquisition Ch. 79A.15 maintenance and operation funding Ch. 79A.20 PUBLIC LIBRARIES (See LIBRARIES) PUBLIC MARKETS Cities and towns, acquisition and operation of 35.92.040 Defined 35.92.040 PUBLIC MEETINGS (See MEETINGS AND ASSEMBLIES, subtitle Public) PUBLIC MONEY (See FUNDS; PUBLIC FUNDS) PUBLIC MOORAGE FACILITIES (See PORT DISTRICTS) PUBLIC NUISANCES (See NUISANCES, subtitle Public nuisances) PUBLIC OFFICER AND EMPLOYEES Ethics communications, employee or charitable organizations 42.52.560 PUBLIC OFFICERS AND EMPLOYEES (See also EDUCATIONAL EMPLOYMENT RELATIONS ACT; PUBLIC EMPLOYMENT) Abolishment of offices, legislature may abolish certain offices Const. Art. 3 § 25 Acceptance of office under United States vacates seat in legislature, exceptions Const. Art. 2 § 14 Accountability for fees and money collected Const. Art. 11 § 5 Actions against judgments satisfaction by state 4.92.075 Actions against, defense by state 4.92.060, 4.92.070 Affirmative action discrimination prohibited 49.60.400 AIDS education and training 70.24.300 Appearance of fairness doctrine Ch. 42.36 Blind, hearing impaired persons, discrimination in hiring prohibited 70.84.080 Bonds, official, See BONDS, subtitle Official Bribery asking or receiving bribe, penalty Const. Art. 2 § 30 Chaplains housing allowance 41.04.360 Child care for state employees’ children employee child care organizations organization as nonprofit corporation to qualify for services under RCW 41.04.380 41.04.382 legislative intent 41.04.370 Cities and towns eligibility to hold office 42.04.020 failure to comply with budgetary requirements for cities and towns over 300,000 35.32A.090 hospitalization and medical aid for employees 41.04.180 liability insurance, authority to purchase for 35.21.205 office hours 35.21.175 retired, disabled, or separated employees, continuation of insurance coverage 41.05.080 subversive activities, conviction of bars holding city office 9.81.040 subversive person ineligible for city employment 9.81.060 Civil service, See CIVIL SERVICE Claims paying or auditing false claim, penalty 42.20.060 Code of ethics for public officials city and town officers, contract interests 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 county officers, contract interests 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 municipal corporation officers, contract interests 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 Collective bargaining bargaining unit, determination of 41.06.340 public employees collective bargaining Ch. 41.56 state collective bargaining Ch. 41.80 unfair labor practices application to civil service employees 41.06.340 civil service employees, application to 41.06.340 Community renewal projects, interest in 35.81.180 Compensation change in during term of office Const. Art. 30 §1 change of during term of officers forbidden Const. Art. 2 § 25 extra prohibited Const. Art. 2 § 25 Conviction of felony or malfeasance forfeits office and disqualifies to hold public office 9.92.120 Counties abandonment of duties by elected officials 36.16.125 eligibility to hold office 42.04.020 general Const. Art. 11 § 5 hospitalization and medical aid for employees 41.04.180 militia, exemption from enrollment 38.44.030 office hours 36.16.100 retired, disabled, or separated employees, continuation of insurance coverage 41.05.080 salaries and wages, state committee on agency officials’ salaries, duties regarding 43.03.028 subversive activities conviction of bars holding county office 9.81.040 subversive person ineligible for state or county employment 9.81.060 terms, compensation, changes Const. Art. 11 § 8 township, precinct and district, compensation Const. Art. 11 § 8 County assessor, See COUNTY ASSESSORS County auditor, See COUNTY AUDITORS County clerk, See COUNTY CLERK [RCW Index—page 593] PUBLIC OFFICERS AND EMPLOYEES County commissioners, See COUNTY COMMISSIONERS County treasurer, See COUNTY TREASURER Crimes asking or receiving compensation for advice 9A.68.030 bribery 9A.68.010 influence trading 9A.68.050 requesting unlawful compensation 9A.68.010, 9A.68.020 trading in public office 9A.68.040 Crimes relating to accounts, falsifying 42.20.070 auditing, fraudulent 42.20.060 books and papers, refusing to surrender to successor 42.20.030 certificates or writings, falsifying 42.20.050 claims, auditing or paying false claim 42.20.060 contracts competitive bidding, violations by municipal officers 39.30.020 disobedience of any law 42.20.080 false personation of public officer 42.20.030 falsifying accounts 42.20.070 intrusion into public office without authority 42.20.030 misappropriation of funds or property 40.16.020, 42.20.070, 42.20.090 misfeasance 42.20.100 money, using for private gain guilty of felony Const. Art. 11 § 14 neglect of duty, generally 42.20.100 omitting or refusing to pay over money received 42.20.070 performing duties without authority 42.20.030 powers of office, delegating to another for profit 42.20.020 prisoners under custody of, powers and duties, See PRISONS AND PRISONERS records and papers, or documents, destroying, falsifying, misappropriation of 40.16.020 reports or statements, falsifying 42.20.040 seal, refusing to surrender to successor 42.20.030 surrendering office to successor, refusing 42.20.030 treasurers, misappropriation of funds 42.20.090 Criminal action for breach of duty or violation of oath, limitation of action for 9A.04.080 Death benefits, line of duty or course of employment 41.04.017, 41.04.393 Deferred compensation plans authorization 41.50.770 deferred compensation principal and administrative account, use of funds 41.50.780 Defined, for Criminal Code 9A.04.110 Definition of public officer 1.16.065 Developmentally disabled persons supported employment, state agency participation 41.04.750, 41.04.760, 41.04.770, 41.04.780 Disabled employees, continuation of insurance coverage 41.05.080 Disclosure statewide special inquiry judge 10.29.030 Disclosure of rules warranting review employee right 42.40.010 interference prohibited 42.40.030 Disclosure—Campaign financing—Lobbying— Records appearance of fairness doctrine 42.36.050 Disclosure—Improper governmental action administrative costs, funding 42.40.090 assertions against state auditor 42.40.100 auditor’s contracting for assistance, authorization 42.40.080 auditor’s duties 42.40.040 chapter and reporting procedures, summary to be made available to employees 42.40.070 correctness of information, duty 42.40.035 [RCW Index—page 594] definitions 42.40.020 employee orientation notified of protections 42.40.070 employee right 42.40.030 encouraged employee protection 42.40.010 false information, penalties 42.40.035 interference prohibited 42.40.030 investigations and reports auditor 42.40.040 retaliatory action remedies 42.40.050 whistleblower program, performance audit 42.40.110 District officers duties, term, compensation, legislature to prescribe Const. Art. 11 § 5 time of Const. Art. 6 § 8 recall of Const. Art. 1 § 33 Educational service districts attendance incentive program 28A.310.490 Elected officers actions against, defense by state 4.92.060, 4.92.070 Election officers, See ELECTIONS, subtitle Officers Elective officers, retirement and civil service rights preserved 41.04.120 Eligibility to hold office 42.04.020 Eligibility to hold public office religious qualification not to be required Const. Art. 1 § 11 Emergency management status of civil service employees while on duty with emergency management organizations 38.52.140 Employee dependents of, group life insurance, eligibility 48.24.030 Employee misconduct records destruction 41.06.450 application, classified and exempt employees 41.06.460 authorized, when 41.06.455 retention 41.06.450 application, classified and exempt employees 41.06.460 Employee protection disclosure of improper action 42.40.010 identification of rules warranting review 42.40.010 Ethics activities incompatible with public duties 42.52.020 agency ethics rules 42.52.200 assisting in transactions, prohibitions 42.52.040 attorney general, state auditor to conduct investigation of complaint against 42.52.450 attorney general actions 42.52.490 attorney general investigative authority 42.52.530 citizen actions 42.52.460 compensation for official duties or nonperformance 42.52.110 compensation for outside activities 42.52.120 confidential information, release of 42.52.050 construction of ch. 42.52 RCW 42.52.901 definitions 42.52.010 disciplinary action 42.52.520 elected official, attorney general to conduct investigation of complaint against statewide elected official 42.52.450 executive ethics board 42.52.350, 42.52.360 compensation of members 42.52.550 complaint filing 42.52.410 findings of fact and enforcement action 42.52.430 hearing and subpoena authority 42.52.390 investigation of complaints 42.52.420, 42.52.425 optional hearings by administrative law judge 42.52.500 penalty assessment 42.52.480 political activities of board members 42.52.380 public hearing on complaint 42.52.430 referral of complaint for enforcement 42.52.470 review of order 42.52.440 subpoena authority, enforcement 42.52.400 financial interests in transactions 42.52.030 former state officer or employee employment 42.52.080 rendering assistance, limitations 42.52.090 restrictions on appearing before agency or doing business with state 42.52.100 gift, loan, payment, transfer, or delivery of any thing of economic value to state employee 42.52.170 gifts 42.52.140, 42.52.150 health profession board or commission, professional opinions 42.52.804 honoraria 42.52.130 identifiable group or interest, service on board, committee, or commission not prevented by association with 42.52.903 investment of public funds, state officer or employee interest in, restrictions 42.52.190 judicial branch officers and employees, enforcement duties of commission on judicial conduct 42.52.370 legislative declaration 42.52.900 legislative ethics board 42.52.310, 42.52.320 compensation of members 42.52.550 complaint filing 42.52.410 findings of fact and enforcement action 42.52.430 hearing and subpoena authority 42.52.390 interpretation 42.52.330 investigation of complaints 42.52.420, 42.52.425 optional hearings by administrative law judge 42.52.500 penalty assessment 42.52.480 political activities of board members 42.52.380 public hearing on complaint 42.52.430 referral of complaint for enforcement 42.52.470 review of order 42.52.440 subpoena authority, enforcement 42.52.400 transfer of jurisdiction 42.52.340 legislator, attorney general to conduct investigation of complaint against 42.52.450 limitations period 42.52.540 political campaigns, use of public resources 42.52.180 private business activity in state-owned housing 42.52.570 private gain, use of public resources for 42.52.160 recission of state action 42.52.510 records, improper concealment 42.52.050 special privileges prohibited 42.52.070 suspension of state action pending determination of controversy 42.52.510 testimony of state officer or employee 42.52.060 Expenses and per diem, See EXPENSES AND PER DIEM Extra compensation prohibited Const. Art. 2 § 25 Extradition agent appointment of 10.34.030 Fees cost bill may include 4.84.090 Force, use of, when lawful 9A.16.020 Forfeiture of office conviction of felony or malfeasance 9.92.120 Forfeiture of office, See also FORFEITURE OF OFFICE Habeas corpus, immunity from civil liability for obeying writ or order 7.36.180 (2008 Ed.) PUBLIC OFFICERS AND EMPLOYEES Health care plans dental procedures, general anesthesia 41.05.183 diabetes benefits 41.05.185 mammograms, required coverage 41.05.180 neuro developmental therapy, provision for in employer-sponsored group contracts 41.05.170 prostate cancer screening 41.05.177 Health care programs and insurance, See HEALTH CARE AUTHORITY Health regulations by state board of health, duty to enforce, penalty 43.20.050 Holidays 1.16.050 Hospitalization and medical aid for county and municipal corporation employees and dependents authorization 41.04.180 choice of policies or plans to be offered 41.04.180 employer contribution 41.04.180 Hospitalization and medical aid for officials and employees costs not additional compensation, payment of premiums 41.04.190 Housing authority projects, conflicts of interest 35.82.050 Impeachment, See IMPEACHMENT Improper governmental action, disclosure by, See PUBLIC OFFICERS AND EMPLOYEES, subtitle Disclosure— Improper governmental action Incompetency in office officers removable by legislature Const. Art. 4 §9 Institutions, trustees appointment Const. Art. 13 § 1 Insurance bonds, costs paid by public 48.28.040 liability, purchase for, authorized 36.16.138 Judicial absence forfeits office, when Const. Art. 4 § 8 compensation by fees prohibited, exception Const. Art. 4 § 13 eligibility of Const. Art. 4 § 17 impeachment, subject to Const. Art. 5 § 2 ineligible to other than judicial office Const. Art. 4 § 15 oath of office prescribed Const. Art. 4 § 28 recall, not subject to Const. Art. 1 § 33 removal by legislature Const. Art. 4 § 9 Judicial, See also JUDGES Justifiable homicide 9A.16.040 Labor relations, See PUBLIC EMPLOYMENT LABOR RELATIONS Legislators, disqualification of for certain civil offices Const. Art. 2 § 13 Lien claim against federal, state, or local official or employee, validity 60.70.070 Local government whistleblower intimidation of whistleblower prohibited 42.41.045 whistleblowers disclosures confidentiality 42.41.900 local government administrative hearings account 42.41.060 protection definitions 42.41.020 exemptions 42.41.050 legislative policy 42.41.010 retaliatory action unlawful penalty 42.41.040 relief by employee 42.41.040 right to report policies and procedures 42.41.030 Local government entities tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 (2008 Ed.) liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and expenses of defense in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Lost and found property rights to 63.21.060 Magistrates, defined 2.20.010 Military leave of absence elected and judicial officers 73.16.041 public employees 38.40.060 Militia, See MILITIA AND MILITARY AFFAIRS Misappropriation of public funds deposit Const. Art. 11 § 15 limitation of action against 4.16.080 penalty Const. Art. 11 § 14 Motor vehicle, state owned, official use only 43.01.150 Municipal corporations eligibility to hold office 42.04.020 retired, disabled, or separated employees, continuation of insurance coverage 41.05.080 Municipal employees, code of ethics 42.23.010, 42.23.030, 42.23.040, 42.23.050, 42.23.060 Municipal officers prohibited acts 42.23.070 National guard, See MILITIA AND MILITARY AFFAIRS Nonelective, recall, not subject to Const. Art. 1 § 33 Officer defined 1.16.065 Official bonds payment of premiums 48.28.040 Passes free transportation prohibited Const. Art. 12 § 20 use or acceptance by, forbidden Const. Art. 2 § 39 Payroll deductions accident and health insurance 41.04.020, 41.04.030 charity contributions 41.04.036 combined fund drive 41.04.033, 41.04.035, 41.04.036, 41.04.039 health care services 41.04.030 health maintenance organizations 41.04.233 life insurance 41.04.020, 41.04.030 payments to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 retirement plans 41.04.020 United fund contributions 41.04.035, 41.04.036 Pensions, See RETIREMENT AND PENSIONS Per diem, See EXPENSES AND PER DIEM Political activities of public employees 41.06.250 Port district employees collective bargaining 53.18.015 Prisoners under custody of, powers and duties as to, See PRISONS AND PRISONERS Privileged communications 5.60.060 Productivity board membership and terms 41.60.015 Prosecuting attorneys, See PROSECUTING ATTORNEYS Public corporations 35.21.759 Public employee association members, dependents of, group life insurance, eligibility 48.24.030 Public works contractor’s bond, liability for public officer failing to take 39.08.015 Quo warranto proceedings judgments of ouster or forfeiture 7.56.100 subject to information, when 7.56.010 Reciprocity commission, See RECIPROCITY COMMISSION Religious qualification not to be required Const. Art. 1 § 11 Removable by law, when not impeachable Const. Art. 5 § 3 Removal of, joint resolution of legislature Const. Art. 4 § 9 Removal of judicial officers, etc., rights, procedure Const. Art. 4 § 9 Resignation vacancy in office caused by 41.12.010 to whom made 42.12.020 Retired employees, continuation of insurance coverage 41.05.080 Salaries and wages direct deposit into financial institution 41.04.240 payroll deductions to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 Salaries and wages, See also SALARIES AND WAGES Schools and school districts attendance incentive program 28A.400.210 early retirement, effect 28A.400.212 eligibility to hold office 42.04.020 employment of, powers of directors 28A.400.300 leaves of absence 28A.400.300 sick leave attendance incentive program 28A.400.210 early retirement, effect 28A.400.212 transfer of accumulated, policy 28A.400.300 Sex offender release of information regarding not restricted by pending appeal, petition, or writ 4.24.555 Sheriffs, See SHERIFFS Sick leave payments, political subdivisions 41.48.160 State abolition of certain offices, power granted legislature Const. Art. 3 § 25 actions against, defense by state 4.92.060, 4.92.070 actions (criminal) against, defense by state 10.01.150 advance payment of travel expenses advance warrants, issuance, limitations 43.03.170 advances, construction 43.03.200 authorized 43.03.150 default in repayment of unexpended advance 43.03.180 department, defined 43.03.160 director of office of financial management to prescribe rules and regulations 43.03.210 itemized travel expense vouchers, submission 43.03.180 lien until proper accounting or repayment of advance 43.03.190 repayment of unexpended advance 43.03.180 rules and regulations, adoption by director of office of financial management 43.03.210 vouchers, itemized, submission of 43.03.180 warrants for advance, issuance, limitation 43.03.170 attendance incentive program remuneration or benefits for unused sick leave 41.04.340 attorneys, employment by other than attorney general 43.10.067 central personnel-payroll system Ch. 41.07 civil defense, See EMERGENCY SERVICES, DEPARTMENT OF, subtitle Employees compensation Const. Art. 28 § 1 not to be changed during term, nor extra granted Const. Art. 2 § 25 criminal charges, defense by state 10.01.150 daily remittance of moneys to state treasury 43.01.050 defense of criminal charges by state 10.01.150 [RCW Index—page 595] PUBLIC OFFICERS AND EMPLOYEES disability accommodation revolving fund 41.04.395 elected officials term limits for action to enforce limit, any citizen authorized to bring 7.16.370 election Const. Art. 6 § 8 contested, legislature to decide Const. Art. 3 §4 employee assistance program confidentiality of employee participation and information, exceptions 41.04.730 creation and goal 41.04.710 director of human resources duties 41.04.720 legislative intent 41.04.700 employees’ suggestion program administration 41.60.020 amounts of awards 41.60.041 appropriations for administrative costs 41.60.050 contests to encourage participation 41.60.080 defined 41.60.010 definitions 41.60.010 determination of award 41.60.030 program requirements 41.60.020 severability, 1975-76 41.60.910 employment applications, disclosure of race or religion prohibited, penalty 43.01.100 expenses and per diem allowances for meals, coffee, and light refreshments at meetings 43.03.050 lieutenant governor when acting governor, per diem 43.03.020 maximum amount 43.03.050 moving expenses 43.03.110 payment to supplier 43.03.065 fiscal management powers and duties of officers and agencies 43.88.160 fiscal responsibilities of state officers and employees 43.88.310 funds, mishandling, overexpending, improper accounting 43.88.280, 43.88.290, 43.88.300, 43.88.320 health care, See HEALTH CARE AUTHORITY health care programs and insurance, See HEALTH CARE AUTHORITY health care programs and insurance for state employees and officials continuation of coverage of employee, spouse, or dependent ineligible under 41.05.090 conversion contract for ineligible employee, spouse, or dependent, entitlement 41.05.090 cooperative extension service, certain employees, chapter not applicable to 41.05.100 employee, spouse, or dependent ineligible under, continuation of coverage 41.05.090 health insurance premium reduction subsidy for retired or disabled employees 41.05.085 impeachment, who subject to Const. Art. 5 § 2 indemnification for good faith acts within scope of employment 4.24.490 information to be furnished to governor Const. Art. 3 § 5 insurance for while passengers or crew members of nonscheduled aircraft flight 43.01.120 joint employee-management committees 41.06.540 leave sharing program creation and purpose 41.04.660 definitions 41.04.655 eligible employees 41.04.665 legislative intent 41.04.650 pooled sick leave 41.04.680 rules 41.04.670 transfer of leave, procedure 41.04.665 [RCW Index—page 596] uniformed service shared leave pool 41.04.685 management procedures terminate supervisor who tolerates deficiencies 43.01.125 mileage amount 43.03.110 mileage allowance amount 43.03.060 militia, exemption from enrollment 38.44.030 moneys collected daily remittance to state treasury 43.01.050 liability of officers on bond for noncompliance 43.01.070 statement as to source of funds 43.01.050 treasurer’s duty on default 43.01.060 undistributed receipts account, deposit in, when 43.01.050 motor vehicles, official use only 43.01.150 moving expenses employees 43.03.110 new employees 43.03.120 office hours 42.04.060 passes, acceptance and use prohibited Const. Art. 2 § 39, Const. Art. 12 § 20 performance evaluation procedures 41.06.169 terminate supervisor who tolerates deficiencies 43.01.125 termination of employment 41.06.186 termination of supervisor who tolerates inadequacies 41.06.196 written notice of deficiencies 41.06.176 personnel resources and management policy 41.06.530 political activities of state employees 41.06.250 productivity board definitions 41.60.010 membership and terms 41.60.015 teamwork incentive program, defined 41.60.010 purchases, acceptance of gifts or benefits by state officers prohibited, penalties 43.19.1937 qualifications Const. Art. 3 § 25 recognition awards 41.60.150 records, certain, to be kept at seat of government Const. Art. 3 § 24 refund of fees or payments authorized 43.01.072 limitation 43.01.075 voucher for 43.01.073 warrant for 43.01.074 relocation compensation 43.03.125 removal of appointive officers by governor, grounds 43.06.070 reports annual to governor, period covered 43.01.035 biennial to legislature, period covered 43.01.035 filing and printing of 43.01.035 periods to be covered 43.01.035 residence of certain, at state capital Const. Art. 3 § 24 return-to-work program 41.06.490 salaries and wages department heads and others, maximum salaries 43.03.040 elective state officers 43.03.010 executive branch elected officials 43.03.011 increase or reduction in salary of appointive officer or employee 43.03.030 recommendations of state committee 43.03.028 state committee on agency officials’ salaries 43.03.028 sick leave, unused, remuneration or benefits for 41.04.340 teamwork incentive program application 41.60.100 award distribution 41.60.120 defined 41.60.010 evaluation of savings 41.60.110 qualification for award 41.60.110 terms Const. Art. 3 § 3 travel expenses how paid 41.04.300 prospective employees 43.03.130 trustees of state institutions, appointment of Const. Art. 13 § 1 vacations accrual 43.01.040 accumulation in excess of 30 days 43.01.044 adult family home providers 43.01.047 amount entitled to 43.01.040 computation of 43.01.040 extension for deferred leave 43.01.040 individual providers, family child care providers 43.01.047 part time employees 43.01.040 rules and regulations 43.01.043 severance of employment due to death 43.01.041 effect 43.01.041 transfers, effect upon 43.01.040 State internship program executive fellows program 43.06.420 State liquor stores, See ALCOHOLIC BEVERAGES, subtitle Employees Statements as to subversive activities, answers subject to perjury 9.81.110 Subversive activities conviction of bars holding of state or municipal subdivision office 9.81.040 discharge of subversive persons 9.81.090 oath required as to membership in subversive organization 9.81.070 exceptions, when 9.81.080 statements as to subversive activities, answers subject to perjury 9.81.070 subversive person ineligible for state or municipal subdivision employment 9.81.060 Superior court judges’ association 2.16.020 Supported employment for persons with developmental disabilities 41.04.770, 41.04.780 Supported employment for persons with developmental or significant disabilities 41.04.750, 41.04.760 Supreme court, jurisdiction as to state officers, writs 2.04.010 Territory of Washington, term of office Const. Art. 27 § 6 Tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 liability of local government entity for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and expenses of defense in action against local government entity officer, employee, or volunteer 4.96.041 presentment and filing of claim against local government entity 4.96.020 Townships, general Const. Art. 11 § 5 Treasurer, public moneys to be deposited with Const. Art. 11 § 15 Tuition waivers at state colleges and universities 28B.15.558 United States, militia service, exemption from 38.44.030 Usurpation of office information requisites 7.56.040 judgments of ouster and forfeiture 7.56.100 Vacancy in office, See VACANCIES IN OFFICE Venue of actions against 4.12.020 Veterans, defined 41.04.005, 41.04.007 Veterans’ preference in examinations, generally, computation 41.04.010 war, defined 41.04.005, 41.04.007 (2008 Ed.) PUBLIC PURCHASES Veterans’ preference in examinations, See VETERANS, subtitle Employment preferences Vocational rehabilitation coordinator for state employees, appointment, duties 51.32.300 Volunteer labor, nominal compensation not deemed salary 49.46.065 Wellness program 41.04.362, 41.04.364 Whistleblowers local government employees disclosures confidentiality 42.41.900 intimidation of whistleblower prohibited 42.41.045 local government administrative hearings account 42.41.060 protection definitions 42.41.020 exemptions 42.41.050 legislative policy 42.41.010 retaliatory action unlawful penalty 42.41.040 relief by employee 42.41.040 right to report policies and procedures 42.41.030 World War II reparations claim submittal of 41.68.030 eligibility 41.68.020 determination of 41.68.040 legislative finding 41.68.010 municipal employees, redress 41.04.580, 41.04.585, 41.04.590, 41.04.595 payment of 41.68.050 PUBLIC PENSION COMMISSION (See RETIREMENT AND PENSIONS, subtitle Public pension commission) PUBLIC PLACES Discrimination, See DISCRIMINATION Smoking no smoking law local regulations authorized 70.160.080 penalty for violation of 70.160.070 paid to city or county bringing action 70.160.100 within twenty-five feet 70.160.075 violations of 70.160.070 private workplaces when allowed 70.160.060 prohibited in public places 70.160.030 smoking prohibited posting of 70.160.050 Unfair discrimination practices 49.60.215 PUBLIC PRINTER AND PRINTING Appointment by governor subject to senate confirmation 43.78.010 Bills for certification by state printer 43.78.080 contents 43.78.050 itemized statement 43.78.050 Bond 43.78.020 Charges based on actual costs 43.78.080 Charges based on actual costs, exceptions 43.78.100 City and town printing contracts for outside of state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Classes of printing session laws 43.78.080 specifications 43.78.080 Colleges and universities use of state printing plant under terms of interlocal agreement between public printer and college 43.78.105 County printing contracts for outside of state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Delivery to authority ordering 43.78.040 (2008 Ed.) Farming out printing, when permitted, costs 43.78.110 duties 43.78.030 Legislative journals delivery to house and senate 40.04.030 printing specifications 43.78.080 Legislative printing duties 43.78.030 printing specifications 43.78.080 session laws, specifications prescribed by statute law committee 43.78.080 Paper stock recycled content requirement 43.78.170 Port district printing contracts for outside of state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Private printing, when permitted 43.78.030 costs 43.78.110 Recycled content of paper stock, requirement 43.78.170 Reprinting, standing type for 43.78.090 Requisitions for 43.78.040 School district printing contracts for outside of state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Session laws delivery to statute law committee 40.04.030 printing specifications, prescribed by statute law committee 43.78.080 Specifications for printing 43.78.080 Standing type 43.78.090 State agencies must be done within state, exception 43.78.130, 43.78.140 State offices, boards, commissions and institutions duties 43.78.030 printing specifications 43.78.080 State printing plant conditions for use of 43.78.070 machinery, approval by governor 43.78.070 revolving fund audit by director of office of financial management 43.78.070 costs paid from 43.78.070 insurance paid from 43.78.070 salary of printer paid from 43.78.070 State warrants, printing of 43.08.061 Stock and materials charges based on actual costs, exceptions 43.78.100 furnishing of, exceptions 43.78.100 Washington reports, contract for printing of 43.78.070 PUBLIC PURCHASES (See also PURCHASES) Bidding rules for preference reciprocity 43.19.704 Compost products purchasing schedule for use in transportation projects 47.28.220 Correctional industries purchasing requirements exemption 43.19.1932 Counties competitive bidding exemptions 36.32.270 competitive bids 36.32.240 competitive bids, advertisements 36.32.245 competitive bids, requirements 36.32.245 recycled materials, preferential purchase of 36.32.245 County purchasing department Ch. 36.32 Credit cards use by state agencies 43.19.185 Electronic data processing systems acquisition method for municipalities 39.04.270 Emergency purchases 43.19.200 Federal property bids by state or political subdivision 39.32.070 political subdivision, direct purchase authorized 39.32.070, 39.32.090 state, direct purchase authorized 39.32.070 Federal surplus property general administration purchase, requisition, and selling procedures 39.32.040 rules and regulations 39.32.060 Fire protection districts 52.14.110, 52.14.120 Highway construction and maintenance compost products, purchasing schedule for use in transportation projects 47.28.220 In-state preference clauses—reciprocity bidding, rules for reciprocity 43.19.704 intent 43.19.700 list of preference statutes of other states 43.19.702 Interest on unpaid contracts attorney fees 39.76.040 exceptions 39.76.020 payment requirement 39.76.010 source of funds 39.76.030 Paper products specifications established by department of general administration 39.24.050 Preferences recycled material definitions 43.19.538 Prison work programs state agencies and departments purchase of goods and services required, exceptions 43.19.534 Recycled products 43.19.538, Ch. 43.19A Sheltered workshops, group training homes, day training centers 39.23.005, 39.23.010, 39.23.020 State purchasing acceptance of gifts or benefits prohibited, penalties 43.19.1937 bids bond of bidder 43.19.1915 competitive bids, exceptions 43.19.1906 letting of contract 43.19.1911 life cycle cost 43.19.1911 low bidder claiming error, prohibition on later bid for same project 43.19.1914 lowest bidder 43.19.1911 modification or cancellation 43.19.1911 rejection grounds 43.19.1913 solicitation 43.19.1908 violations concerning, penalty 43.19.1939 compliance by state officers, employees, etc., required 43.19.200 data processing equipment, leasing, exception, when 43.19.1901 division of purchasing, powers and duties 43.19.190 division of purchasing, powers and duties as to central stores advance payments of agencies to 43.19.1925 combined purchases 43.19.1925 exchange of property between agencies 43.19.1921 general administration services account 43.19.1923 repair and maintenance of equipment 43.19.1921 warehouses, establishment and maintenance 43.19.1921 emergency purchases by state officers, etc. 43.19.200 estimates, required of state officers, etc. 43.19.200 general administration services account 43.19.1923 insurance and bonds 43.41.310 leasing, included in definition of purchasing 43.19.1901 policy for purchasing and material control exemptions 43.19.19054 [RCW Index—page 597] PUBLIC RECORDS functions 43.19.1905 initial determinations, time 43.19.19052 purchasing, defined 43.19.1901 records of state purchases shall be available to members of the legislature, the legislative committees and legislative staff upon request 43.19.1917 recycled or reusable products and materials, preferential purchase authorized 43.19.1911 state purchasing and material control director, appointment, personnel 43.19.180 Surplus property general administration acquisition authorized 39.32.020 definitions 39.32.010 leasing and acquisition 39.32.035 general administration services account, use 39.32.035 Telecommunications systems acquisition method for municipalities 39.04.270 PUBLIC RECORDS Dairy nutrient management 90.64.190 Livestock nutrient management 90.64.190 PUBLIC RECORDS ACT (See also PUBLIC DISCLOSURE; RECORDS AND DOCUMENTS) Attorney invoices, intent 42.56.904 Availability, provisions copying, charges 42.56.120, 42.56.130 copying, facilities 42.56.080 documents and indexes 42.56.070 prompt responses 42.56.520 protection of records 42.56.100 times for inspection/copying 42.56.090 Construction, chapter 42.56.030 Definitions 42.56.010 Denial of access court protection 42.56.540 review, attorney general 42.56.530 review, judicial 42.56.550, 42.56.560 Duty to disclose or withhold 42.56.510 Employee misconduct information 42.56.110 Exemptions accountability committee 42.56.140 agencies, controversy 42.56.290 agencies, drafts and memorandums, etc. 42.56.280 agricultural and livestock 42.56.380 archaeological sites 42.56.300 camping resorts 42.56.340 check cashers and sellers 42.56.450 correctional industries workers 42.56.470 crime victim 42.56.240 dairies and feedlots 42.56.610 domestic violence program 42.56.370 educational 42.56.320 emergency housing residents 42.56.390 employment and licensing 42.56.250 employment security department 42.56.410 financial, commercial, and proprietary 42.56.270 financial and insurance institutions 42.56.400 fireworks law records 42.56.460 fish and wildlife 42.56.430 health care 42.56.360 health professionals 42.56.350 inactive program 42.56.480 insurance and financial institutions 42.56.400 investigative, law enforcement 42.56.240 library records 42.56.310 livestock and agricultural 42.56.380 mediation communications 42.56.600 personal and other records, certain 42.56.210 personal information 42.56.230 property and casualty insurance statements of actuarial opinion 42.56.403 public utilities and transportation 42.56.330 public utility districts, municipally owned electrical utilities [RCW Index—page 598] restriction on law enforcement authorities 42.56.335 rape crisis center clients 42.56.370 real estate appraisals 42.56.260 security 42.56.420 timeshare, condominium, etc. 42.56.340 transitional housing residents 42.56.390 veterans’ discharge papers 42.56.440 Finding, purpose 42.56.001 Liability, disclaimer of public 42.56.060 Pamphlet, explanatory 42.56.570 Personal information, security breaches 42.56.590 Privacy, invasion of 42.56.050 Public records officers 42.56.580 Publish, duty to 42.56.040 Short title, chapter 42.56.020 PUBLIC RECREATIONAL LANDS (See PARKS AND RECREATION) PUBLIC REPORTS (See REPORTS) PUBLIC RESTROOMS Pay facilities requirements 70.54.160 violations, penalty 70.54.160 PUBLIC SAFETY (See HEALTH AND SAFETY) PUBLIC SAFETY EMPLOYEES’ RETIREMENT SYSTEM Appeals bond, none required 41.37.145 hearing prior to appeal required 41.37.130, 41.37.140 Application and effective date 41.37.240 Computation of allowance 41.37.190 Contribution rates employers, computation and billing 41.37.080 employers and members 41.37.220 Cost-of-living, post retirement 41.37.160 Creation, administration 41.37.015 Date effective chapter 41.37.901 contractual right of benefit 41.37.900 Death benefits course of employment 41.37.110 generally 41.37.250 Deductions, members agree to 41.37.070 Definitions 41.37.010 Disability allowance 41.37.230 Disability as result of criminal conduct, benefit disallowed 41.37.100 Duty disability retirement recipients 41.37.060 Eligibility for retirement 41.37.210 False statements, penalties 41.37.120 Intent, legislative 41.37.005 Leaves of absence, military service 41.37.260 Lump sum allowance 41.37.200 Membership 41.37.020 Nonelective position, eligibility 41.37.030 Payment of allowances, options 41.37.170 Public employees’ retirement system transfer from 41.40.113 Reemployment reduction of allowance 41.37.050 suspension of allowance 41.37.180 Reentry 41.37.290 Refund of contributions 41.37.280 Service credit additional, purchase of 41.37.265 Taxation and judicial process, exemption from 41.37.090 Vacation leave, effect of accumulated 41.37.150 Vested membership 41.37.270 PUBLIC SCHOOLS (See SCHOOLS AND SCHOOL DISTRICTS) PUBLIC SERVICE COMPANIES (See also PUBLIC UTILITIES, subtitle Public service companies; TRANSPORTATION COMPANIES, subtitle Public service companies) License fees deduction from corporate licensing fees for fees paid to utilities and transportation commission 23B.01.590 Public utility districts acquisition of electrical utilities, taxation 54.28.120 condemnation or purchase of power facilities 54.04.100 PUBLIC STADIUM, CONVENTION, PERFORMING ARTS, AND VISUAL ARTS FACILITIES (See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES) PUBLIC STADIUM AUTHORITY (See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES, subtitle Stadium and convention center) PUBLIC TRANSPORTATION (See MOTOR VEHICLES, subtitle Ride sharing; PUBLIC TRANSPORTATION SYSTEMS; URBAN TRANSPORTATION SYSTEMS) PUBLIC TRANSPORTATION BENEFIT AREAS (See PUBLIC TRANSPORTATION SYSTEMS, subtitle Public transportation benefit areas) PUBLIC TRANSPORTATION SYSTEMS (See URBAN TRANSPORTATION SYSTEMS) Air transportation commission, see AIR TRANSPORTATION COMMISSION Bus shelters advertising 47.36.141 Cities and towns acquisition and operation of facilities 35.92.060 authority for local improvement 35.43.040 authority to contract for transportation services, with whom 39.33.050 enter into agreements to furnish bus service beyond territorial boundaries 39.34.085 city limits, extension beyond, limitations 35.84.060 city transportation authority - monorail Ch. 35.95A fares 35.58.580, 35.58.585, 35.58.590, 35.58.595 financing appropriation of funds for referendum 35.95.030 collection of tax, billing 35.95.050 contracts and leases for operation and maintenance 35.95.050 declaration of purpose 35.95.010 definitions 35.95.020 funds derived from taxes, restrictions on classification, etc. 35.95.060 levy and collection of taxes, appropriation and use 35.95.040 purchase of leased systems, price 35.95.070 referendum appropriation of funds for 35.95.030 authorized 35.95.090 rights not impaired 35.95.080 tax appropriation and use of 35.95.040 billing 35.95.050 collection of tax 35.95.040 funds derived from, restrictions on classification, etc. 35.95.060 levy of 35.95.040 transit, six-year development plan 35.58.2795 transit stations conduct at, unlawful 9.91.025 transportation feasibility study, financial support payment by state 35.58.2712 Cities—Optional municipal code application of general law 35A.81.010 motor vehicle tax exemptions 35A.81.010 (2008 Ed.) PUBLIC TRANSPORTATION SYSTEMS City limits, extension beyond, limitations 35.84.060 Commuter rail service 81.104.120 Confidentiality of user information 47.04.240 Controlled substances violations committed in or near transit vehicles or shelters 69.50.435 Counties authority to contract for transportation services, with whom 39.33.050 enter into agreements to furnish bus service beyond territorial boundaries 39.34.085 feasibility study, financial support payment 35.58.2712 public transportation benefit areas creation, boundaries 36.57.110 feasibility study, financial support payment 35.58.2712 unincorporated areas service authority, limitations 36.57.100 County rail districts, See COUNTY RAIL DISTRICTS County transportation area advanced financial support payment from the state 36.57A.150 County transportation authority acquisition of existing systems 36.57.090 authorized 36.57.020 chairman, appointment 36.57.050 definitions 36.57.010 employee transfers, preservation of benefits 36.57.090 expenses, contributions by county, cities and towns 36.57.060 general manager, powers, compensation, appointment, removal 36.57.050 labor relations 36.57.090 membership, compensation 36.57.030 powers and duties 36.57.040 public transportation plan, general comprehensive plan 36.57.070 special needs transportation 36.57.130 transportation fund, disbursements, contributions 36.57.060 user classification 36.57.040 Employees payroll deduction for political action committees 35.58.268 Fail fixed guideway systems signage, requirements for 81.112.190 Feasibility study, municipalities, financial support payment by state 35.58.2712 Federal funds transportation department authorized to secure via agreements 47.04.170 High capacity transportation systems bond retirement, pledge of revenues for 81.104.180 commuter rail service 81.104.120 definitions 81.104.015 financial responsibility, requirements 81.104.130 funding car rental sales and use tax 81.104.160 dedicated funding sources 81.104.140 employer tax 81.104.150 motor vehicle excise tax, surcharge on 81.104.160 sales and use tax, additional tax for 81.104.170 tax collection, contract for 81.104.190 funding of planning projects department of transportation responsibilities 81.104.090 participation in within central Puget Sound region 81.104.040 outside central Puget Sound region 81.104.030 voter approval requirements 81.104.030 planning expert review panel 81.104.110 (2008 Ed.) independent system plan oversight procedures 81.104.110 process 81.104.100 planning and implementation state role 81.104.060 policy development 81.104.030, 81.104.040 state role 81.104.020 purpose 81.104.010 rail fixed guideway systems safety and security program plan 35.21.228 safety plan, security and emergency preparedness 35A.21.300, 36.01.210, 36.57.120, 36.57A.170 safety program plan and security and emergency preparedness 81.104.115, 81.112.180 regional transit authorities definitions 81.112.020 formation, procedure 81.112.030, 81.112.040 regional transportation planning 81.104.080 service district boundaries, expansion of 81.104.050 system implementation responsibility of agencies providing service 81.104.070 High occupancy vehicle lanes use restrictions 46.61.165 High-speed ground transportation King Street station 47.79.110, 47.79.120, 47.79.130, 47.79.140, 47.79.150 High-speed ground transportation program funding sources 47.79.030 goals 47.79.020 implementation 47.79.020 legislative declaration 47.79.010 prioritized projects 47.79.030 rail passenger facilities 47.79.050, 47.79.060, 47.79.070 rail passenger plan 47.79.040 Interlocal cooperation, authority to furnish bus service to any other city, town or county 39.34.085 Jurisdiction of public offense committed on public conveyance Const. Art. 1 § 22 Local sales and use tax 82.14.045 equalization payments 82.14.046 Metropolitan municipal corporations acquisition of existing transportation system, duties incident to respecting employees 35.58.265 authority to contract for transportation services, with whom 39.33.050 authorized by election 35.58.245 city system, acquisition of 35.58.260 definitions 35.58.272 eminent domain 35.58.250 fares 35.58.580, 35.58.585, 35.58.590, 35.58.595 fuel purchasing strategies liability immunity 35.58.263 reports 35.58.262 general powers 35.58.240 maintenance plan, state funding 36.56.121 municipality, defined 35.58.272 powers and duties, rates, user classification, tolls and charges 35.58.240 privately owned public carriers, prohibition 35.58.250 transit commission membership 35.58.270 powers and duties 35.58.270 transportation feasibility study, financial support payment by state 35.58.2712 Municipal transit vehicle, defined 46.04.355 Municipalities acquisition, operation, etc. authorization 35.58.2721 bond issues 35.58.2721 defined 35.58.272, 35.95.020 feasibility study, financial support payment 35.58.2712 indebtedness limitation 35.58.2721 Park and ride lots local transit agency, accommodation 47.04.290 use and control of 46.61.577 Passenger loading, unloading, on highways, permitted, when 46.61.560 Planning, development and establishment participation of transportation department 47.04.081 Public nuisances interference with municipal transit vehicle or station 9.66.010 obstruction or interference with vehicles or access to stations 7.48.140 Public transportation benefit areas acquisition of existing systems employee rights, labor contracts continuation 36.57A.120 advanced financial support payment from the state 36.57A.150 annexation of additional area, procedures 36.57A.140 auditor 36.57A.130 benefit area authority governing body, review of 36.57A.055 membership, travel expenses, compensation 36.57A.050 withdrawal, disapproval rights 36.57A.050 boundaries establishment, changes, procedure 36.57A.030 requirements, exception 36.57A.040 cities, inclusion requirements, boundary changes 36.57A.040 city operators, continued operation 36.57A.100 comprehensive transit plan development, elements 36.57A.060 state review 36.57A.070 county treasurer is ex officio treasurer 36.57A.130 creation, boundaries 36.57.110 definitions 36.57A.010 dissolution and liquidation 36.57A.160 fares civil infractions 36.57A.230 fines and penalties 36.57A.235 powers of law enforcement authorities 36.57A.240, 36.57A.2405 proof of payment 36.57A.230 governing body, review of 36.57A.055 local sales and use taxes 82.14.045, 82.14.046 maintenance plan, state funding 36.57A.191 passenger-only ferry service 36.57A.200, 36.57A.210, 36.57A.220 powers additional 36.57A.090 generally 36.57A.080 user classification 36.57A.090 powers of component city concerning passenger transportation transferred to benefit area, operation of system by city until acquired by benefit area 36.57A.110 private operation limitations, agreements for continued operation 36.57A.100 short-term obligations Ch. 39.50 special needs transportation 36.57A.180 transportation centers, See TRANSPORTATION, subtitle Transportation centers transportation fund contributions by included counties, cities, and towns 36.57A.130 establishment, uses 36.57A.130 transportation improvement conferences boundaries, establishment, changes review by legislative authority 36.57A.030 convening, when and by whom 36.57A.020 treasurer 36.57A.130 surety bond 36.57A.130 Rail fixed guideway systems safety and security program plan 35.21.228 [RCW Index—page 599] PUBLIC USE safety plan, security and emergency preparedness 35A.21.300, 36.01.210, 36.57.120, 36.57A.170 safety program plan and security and emergency preparedness 81.104.115, 81.112.180 Rail passenger plan 47.79.040 Rail passengers, intercity service facilities 47.79.050, 47.79.060, 47.79.070 Regional transit authorities boundaries 81.112.050 elections 81.112.050 fare payment civil infractions 81.112.220 prosecution for theft, trespass, or other charges 81.112.230 violations, enforcement and penalties 81.112.210 high capacity transportation systems definitions 81.112.020 formation, procedure 81.112.030, 81.112.040 interim financing 81.112.170 maintenance plan 81.112.086 powers 81.112.060 property, sale and leaseback 81.112.300, 81.112.310, 81.112.320, 81.112.330 rail fixed guideway systems safety program plan and security and emergency preparedness 81.112.180 signage, requirements for 81.112.190 Regional transportation authorities sale/leaseback payments, tax exemption 35.21.756 sales/leaseback agreements tax exemption 82.04.4201, 82.08.834, 82.12.834 surety insurance, exemptions 48.30.270 Regional transportation investment districts Ch. 36.120 Research, testing, development, etc., authority 35.58.2794 State public transportation plan statewide planning Ch. 47.06 Transportation centers, See TRANSPORTATION, subtitle Transportation centers Transportation department annual report on system development, duties 35.58.2796 Transportation improvement conferences boundaries, establishment, changes procedure 36.57A.030 Urban public transportation systems, defined 47.04.082 Use of motor vehicle funds and local street and road funds for 47.04.083 PUBLIC USE Judicial question Const. Art. 1 § 16 Property not to be taken for without compensation Const. Art. 1 § 16 PUBLIC UTILITIES (See also CITIES AND TOWNS, subtitle Electrical utilities; TRANSPORTATION COMPANIES; UTILITIES AND TRANSPORTATION COMMISSION) Accidents investigations and examinations by commission 80.04.460 notice to commission 80.04.460 Accounts depreciation and retirement accounts 80.04.350 merchandise accounts to be kept separate 80.04.270 Acquisition of property, See PUBLIC UTILITIES, subtitle Transfers of property Actions conclusiveness of order or rule of commission in actions between private parties and public service companies 80.04.410 [RCW Index—page 600] findings of commission prima facie correct 80.04.430 intervention by commission where rule or order involved, notice to commission, judgment void, when 80.04.420 overcharges, court procedure 80.04.240 recovery of penalties, disposition to general fund, exception 80.04.400 summary proceedings in superior court appeals to supreme court or court of appeals from 80.04.260 attorney general, duties 80.04.260 injunction 80.04.260 joinder of parties 80.04.260 mandamus 80.04.260 Affiliated interests contracts or arrangements with control of commission over continuing 80.16.050 filing requirements 80.16.020 court review of commission orders 80.16.090 definitions 80.16.010 filing of dealings with affiliated interests required 80.16.020 payments to control of commission over continuing 80.16.050 disallowed 80.16.070 enforcement of orders as to by superior court 80.16.080 nonapproved 80.16.060 proof of reasonableness, what constitutes 80.16.040 reasonableness must be proved 80.16.030 summary orders as to nonapproved or disallowed payments 80.16.070 summary orders as to nonapproved payments 80.16.060 Appeals of superior court judgments court action on overcharges 80.04.240 Appeals to supreme court or court of appeals of superior court judgments court action on overcharges 80.04.240 summary proceedings in superior court 80.04.260 Appellate review of superior court judgments 80.04.190, 80.04.260 Appraisal costs of assessed to public service companies 80.20.020 collection 80.20.030 disposition to public service revolving fund 80.20.020 interest on unpaid cost assessment 80.20.030 limitation upon 80.20.020 payment of 80.20.020 frequency limitations upon making 80.20.060 necessity of, commission’s determination conclusive 80.20.040 order of commission not subject to review 80.20.050 Assignment of property, See PUBLIC UTILITIES, subtitle Transfers of property Budgets of expenditures authority of commission to regulate and control 80.04.300 emergency expenditures 80.04.330 examinations by commission 80.04.310 filing of 80.04.300 investigation by commission 80.04.310 objection or rejection by commission 80.04.310 orders of commission as to 80.04.310 publication by commission, withholding of 80.04.320 rejected items, effect 80.04.330 rules of commission as to 80.04.320 supplementary budgets 80.04.300 Business and occupation tax exemption 82.04.310 Carbon dioxide mitigation applicability of chapter, mitigation plan 80.70.020 costs assessed against applicants 80.70.060 definitions 80.70.010 direct investment projects 80.70.040 fees, authority to assess and collect 70.94.892 independent qualified organizations 80.70.050 permanent carbon credits 80.70.030 rules, adoption 80.70.070 Cities and towns acquisition or construction election 35.92.070 procedure for 35.92.070 when unnecessary to submit to voters 35.92.070 administration, oversight, or supervision by city or town employees reimbursement by utility 35.33.123, 35.34.205 bond issues bond owner’s recourse 35.92.160 energy or water conservation programs 35.92.105 funding and refunding generally 35.92.110 not general obligations 35.92.120 general obligation bonds, pledge of revenue for payment of 35.92.080 refunding by single issues 35.92.130 refunding with general obligation funding bonds Ch. 39.52 revenue, lien against 35.92.100 terms of 35.92.150 budget, annual exemption from expenditure limitations of 35.32A.070 cities in county with a population of two hundred ten thousand or more west of Cascades, support of cities, towns, counties and taxing district in which facilities located 35.21.422 construction, under park drives and boulevards 35.21.190 electric transmission lines 80.32.010 extension of capacity by fifty percent or more procedure 35.92.070 franchises and privileges, commission government 35.17.220 funds, special fund for 35.92.100, 35.92.140 gas, electricity, and other power facilities, acquisition and operation 35.92.050 generating facilities located in another county 35.21.420, 35.21.422, 35.21.425, 35.21.426, 35.21.427, 35.21.430, 35.21.440, 35.21.450 indebtedness borrow on revenue credit 35.92.075 irrigation pumping service, tariff 35.92.365 leasing of authority 35.94.010 execution 35.94.030 procedure 35.94.020 lighting, heating, fuel, and power facilities, acquisition and operation 35.92.050 rates and charges costs, expense, interest 35.41.090 municipal revenue bond act, effect 35.41.080 regulations 80.04.500 sale of authority 35.94.010 execution of 35.94.030 procedure 35.94.020 second class cities 35.23.515, 35.23.525, 35.23.535 surplus property, disposal 35.94.040 tap-in, connection, hookup fees, waiver, low income persons 35.92.380 towns, earnings to current expense fund, when 35.27.510 warrants, payment out of special fund 35.92.100 Cogeneration projects carbon dioxide mitigation Ch. 80.70 (2008 Ed.) PUBLIC UTILITIES development with state agencies additional authority of agencies 39.35C.090 energy purchase agreements 39.35C.080 feasibility study 39.35C.070 implementation 39.35C.070 ownership and operation 39.35C.070 sale of electricity and thermal energy 39.35C.080 sale of thermal energy 39.35C.070 Complaints commission may make 80.04.110 copy, service of 80.04.110 damages, no dismissal because of lack of 80.04.110 joinder of complaints or grievances 80.04.110 public service company against another public service company 80.04.110 who may make 80.04.110 Conservation investments conservation bonds 80.28.306 conservation service tariffs 80.28.303 costs as bondable conservation investments 80.28.309 definitions 80.28.005 Construction, release or waiver of rights, penalties, or forfeiture, title not construed as 80.04.480 Contracts, transportation department may contract with public utility without advertising, bid or performance bond 47.01.210 Copies of orders, rules and regulations, etc. admissibility in evidence 80.04.450 fees for 80.04.450 publication 80.04.450 Counties comprehensive plans, elements of 36.70.350 electric franchises and rights of way on county roads 80.32.010 Crimes relating to, See also PUBLIC UTILITIES, subtitle Violations Damages, liability of public service companies to persons or corporations affected by violation of law, order, or rule 80.04.440 Definitions 80.04.010 Defrauding of Ch. 9A.61 Discrimination, messages from other companies 80.36.200 Disposition of property, See PUBLIC UTILITIES, subtitle Transfers of property Districts, See PUBLIC UTILITY DISTRICTS Diversion of services damage recovery 80.28.240 Drinking water standards water companies and systems investigation of compliance with 80.04.110 Earnings, excess of reasonable returns, consideration in fixing rates 80.04.360 Electric, inter-utility agreements authorized Ch. 54.48 underground, conversion to or installation cities and towns Ch. 35.96 counties 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480 Electric companies energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 Electric franchises and rights of way cities and towns referendum upon granting of 80.32.040 transmission line construction and maintenance along city streets application for 80.32.010 authority for 80.32.010 eminent domain to acquire property for 80.32.060 right of entry for 80.32.070 terms and conditions 80.32.010 county roads (2008 Ed.) restoration of county road for travel 80.32.010 transmission line construction and maintenance along application for 80.32.010 authority for 80.32.010 eminent domain to acquire property for 80.32.060 hearings 80.32.010 notice 80.32.010 right of entry for 80.32.070 terms and conditions 80.32.010 eminent domain duties of electrical companies exercising 80.32.080 right of 80.32.060 fee prohibited by cities and towns 35.21.860 sale or lease of plant and franchises permitted 80.32.050 Electrical companies banded rates 80.28.074, 80.28.075 commodities supplied, commission may order improvement in 80.28.030 complaints twenty-five or more consumers may make complaint as to rates and charges 80.04.110 who may make 80.04.110 conservation investments conservation bonds 80.28.306 conservation service tariffs 80.28.303 costs as bondable conservation investments 80.28.309 definitions 80.28.005 duties as to rates, services and facilities 80.28.010 eminent domain duties of electrical companies which exercise powers of 80.32.080 private sales of power permitted 80.32.080 right of 80.32.060 sale of power for public, private uses 80.32.080, 80.32.090, 80.32.100 sale of power outside municipality 80.32.080 energy conservation and production from renewable resources, encouragement of 80.28.025 legislative finding 80.28.024 energy conservation measures extension of payment responsibility to subsequent owners, requirements 80.28.065 landscaping for energy conservation, companies may provide customers with information on 80.28.300 urban forestry, companies may request voluntary donations from customers for 80.28.300 fees, gross operating revenue based fees, decrease of for 80.24.010 irrigation pumping service, tariff 80.28.310 landscaping for energy conservation companies may provide customers with information on 80.28.300 meters approval of 80.28.150 inspection and marking of 80.28.150 tampering, etc. damages 80.28.240 testing apparatus to be furnished by company 80.28.160 testing at request of consumer, charges 80.28.170 rules, charges 80.28.180 net metering of electricity Ch. 80.60 rates and charges changes filing of 80.28.060 notice of 80.28.060 publication of 80.28.060 commission to fix reasonable and compensatory rates 80.28.020 complaints, who may make 80.04.110 conservation service tariffs 80.28.303 discrimination prohibited 80.28.100 energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners 80.28.065 existing contracts, effect upon 80.28.120 low-income customers 80.28.068 published and filed rates to be charged, exceptions, liabilities 80.28.080 reasonableness 80.28.010 schedule of changes 80.28.060 filing and publication of 80.28.050 sliding scale of charges 80.28.070 suspension of changes in 80.28.060 water conservation goals, achievement of, consideration in setting 80.28.025 repairs, improvements, or additions may be ordered by commission 80.28.130 service commission may order improvement in 80.28.040 furnishing upon reasonable notice required 80.28.110 unreasonable preferences prohibited 80.28.090 urban forestry companies authorized to request voluntary donations from customers for 80.28.300 Electrical generation facilities effect of facility abandonment 80.04.130 Electrical utilities apparatus use and construction rules Ch. 19.29 civil immunity for good faith mistakes 35.21.415 immunity from good faith mistakes and errors of judgment 54.12.110 inspection certificate required before connecting service, exceptions 19.28.101 public policy against the duplication of electric lines and services Ch. 54.48 residential buildings payments to owners for construction complying with code 19.27A.035 resource plans Ch. 19.280 service installation charges customer may contract privately 35.22.640 vegetation cutting or removal, liability 64.12.035 Eminent domain electric franchises and rights of way, right of 80.32.060 gas companies 80.28.220, 80.28.230 Employees, state employees’ retirement system, public utility service credit 41.40.160 Energy efficiency programs incentive rate of return on investments in allowed, adoption of policy 80.28.260 Energy financing voter approval act bonds 80.52.040, 80.52.050, 80.52.060, 80.52.070 cost-effectiveness priorities 80.52.080 definitions 80.52.030 purpose 80.52.020 Evidence, orders, rules and regulations, etc., admissibility in evidence 80.04.450 Examinations accidents by commission 80.04.460 budgets of expenditures by commission 80.04.310 Expenditures, See PUBLIC UTILITIES, subtitle Budgets of expenditures Fees gross operating revenue based 80.24.010 disposition to public service revolving fund 80.24.040 failure to pay, penalty, disposition of fine 80.24.050 [RCW Index—page 601] PUBLIC UTILITIES fees to approximate regulation costs 80.24.020, 80.24.030 fines and penalties for failure to pay, disposition 80.24.050 records of costs, fees based upon 80.24.030 pipeline safety fee 80.24.060 Filings affiliated interests, filing of contract or arrangement with commission 80.16.020 budgets of expenditures 80.04.300 gross operating revenue statement 80.24.010 telecommunications companies, rates and charges 80.36.100 Flood control districts, improvements crossing, procedure 86.09.229 Franchises disposal without authority void 80.12.030 fee prohibited by cities and towns 35.21.860 transfer without authority prohibited, exception 80.12.020 Franchises within annexed areas, continuation 35.13.280 Gas companies banded rates 80.28.074, 80.28.075 certificate of public convenience and necessity 80.28.190 cities and towns tax limitations 35.21.865 6%, exception 35.21.870 commodities supplied, commission may order improvement in 80.28.030 complaints twenty-five or more consumers may make complaint as to rates and charges 80.04.110 who may make 80.04.110 conservation investments conservation bonds 80.28.306 conservation service tariffs 80.28.303 costs as bondable conservation investments 80.28.309 definitions 80.28.005 duties as to rates, services and facilities 80.28.010 eminent domain disposition of property acquired 80.28.230 right of 80.28.220 energy conservation and production from renewable resources, encouragement of 80.28.025 legislative finding 80.28.024 energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners, requirements 80.28.065 landscaping for energy conservation, companies may provide customers with information on 80.28.300 urban forestry, companies may request voluntary donations from customers for 80.28.300 fees certificate of public convenience and necessity 80.28.190 gross operating revenue based, decrease of for 80.24.010 franchise fee prohibited by cities and towns 35.21.860 landscaping for energy conservation companies may provide customers with information on 80.28.300 meters inspection and sealing of 80.28.140 tampering, etc. damages 80.28.240 testing apparatus to be furnished by company 80.28.160 testing at request of consumer, charges 80.28.170 rules, charges 80.28.180 [RCW Index—page 602] rates and charges changes in filing of 80.28.060 notice of 80.28.060 publication of 80.28.060 commission to fix reasonable and compensatory rates 80.28.020 complaints, who may make 80.04.110 conservation service tariffs 80.28.303 discrimination prohibited 80.28.100 energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners 80.28.065 existing contracts, effect upon 80.28.120 low-income customers 80.28.068 published and filed rates to be charged, exceptions, liabilities 80.28.080 reasonableness 80.28.010 refunds upon gas purchased, passing on refund to consumers 80.28.200 schedule of changes 80.28.060 filing and publishing of 80.28.050 sliding scale of charges 80.28.070 suspension of changes in 80.28.060 water conservation goals, achievement of, consideration in setting 80.28.025 repairs, improvements, or additions may be ordered by commission 80.28.130 service commission may order improvement in 80.28.040 furnishing upon reasonable notice required 80.28.110 unreasonable preferences prohibited 80.28.090 urban forestry companies authorized to request voluntary donations from customers for 80.28.300 Gas companies, See also TRANSPORTATION COMPANIES, subtitle Gas and oil pipeline transporters fees, See also PUBLIC UTILITIES, subtitle Fees underground storage of natural gas, See OIL AND GAS, subtitle Underground storage of natural gas Greenhouse gas emissions baseload electric generation performance standard Ch. 80.80 Hearings findings of commission 80.04.120 increase of rates and charges, burden of proof 80.04.130 joinder of complaints or grievances 80.04.110 notice 80.04.110 order of commission 80.04.120 practice and procedure 80.04.110 record of proceedings 80.04.120 service of order 80.04.120 time and place 80.04.110 transcript of testimony 80.04.120 Heat suppliers, See HEATING SUPPLIERS Immunity of commissioners and employees good faith mistakes and errors of judgment 54.12.110 Intervention by commission where rule or order involved, judgment void, when 80.04.420 Investigations accidents by commission 80.04.460 budgets of expenditures by commission 80.04.310 costs of assessed to public service companies 80.20.020 collection 80.20.030 disposition to public service revolving fund 80.20.020 interest on unpaid cost assessment 80.20.030 limitation upon 80.20.020 payment of 80.20.020 frequency limitations upon making 80.20.060 necessity of, commission’s determination conclusive 80.20.040 order of commission not subject to review 80.20.050 Irrigation companies, fees, gross operating revenue based, decrease of fees for 80.24.010 Landscaping for energy conservation code cities providing utility services encouraged to provide information to customers on 35A.80.040 Lease of property, See PUBLIC UTILITIES, subtitle Transfers of property Leases, utility facilities, federal law compliance, commission approval 80.04.520 Liens for services cities and towns 35.21.290 Low-income persons, reduced rates 74.38.070 Meters electric inspection and marking of 80.28.150 rules, charges, set by commission 80.28.180 testing apparatus 80.28.160 testing for consumers 80.28.170 gas and water inspection and sealing of 80.28.140 rules, charges, set by commission 80.28.180 testing apparatus 80.28.160 testing for consumers 80.28.170 tampering damage recovery 80.28.240 Municipal utilities safety regulations, municipal utilities, not subject to jurisdiction of commission 80.04.500 street railways not affected 81.04.490 telecommunications, gas, electrical, water utilities, including safety, not affected 80.04.500 Municipal utilities, See also PUBLIC UTILITIES, subtitle Cities and towns Natural gas, underground storage, See OIL AND GAS, subtitle Underground storage of natural gas Natural gas companies, powers and duties as to underground storage of natural gas Ch. 80.40 Notes issuance conditions and exceptions 80.08.043 Notices, accidents to commission 80.04.460 Orders admissibility in evidence 80.04.450 change of by commission 80.04.210 fees for copies of 80.04.450 following hearing 80.04.120 effective date 80.04.120 extension of time 80.04.120 service of 80.04.120 joint action, apportionment of costs 80.04.140 liability of public service companies to persons or corporations affected by violation of order 80.04.440 public service company complaining against another public service company, power of commission to make order to correct abuse 80.04.110 publication 80.04.450 rehearing petitions, grounds, procedure 80.04.200 suspension of rate or charge changes 80.04.130 Penalties, cumulative 80.04.480 Property transfers, See PUBLIC UTILITIES, subtitle Transfers of property Public disclosure exceptions 80.04.095 Public service companies accidents investigations and examinations 80.04.460 notice to commission 80.04.460 accounts access of commission to 80.04.090 (2008 Ed.) PUBLIC UTILITIES depreciation and retirement accounts 80.04.350 forms 80.04.090 merchandise accounts to be kept separate 80.04.270 out-of-state records and accounts, power of commission to require production of 80.04.100 actions conclusiveness of order or rule of commission in actions between private parties and public service companies 80.04.410 findings of commission prima facie correct 80.04.430 intervention by commission where rule or order involved, notice to commission, judgment void, when 80.04.420 affiliated interests contracts or arrangements with filing copy with commission 80.16.020 court review of orders 80.16.090 definitions 80.16.010 payments to control of commission over continuing 80.16.050 disallowed 80.16.070 enforcement of orders as to by superior court 80.16.080 nonapproved 80.16.060 proof of reasonableness, what constitutes 80.16.040 reasonableness must be proved 80.16.030 summary orders as to nonapproved or disallowed payments 80.16.070 summary orders as to nonapproved payments 80.16.060 appraisal costs of collection 80.20.030 disposition to public service revolving fund 80.20.020 interest on unpaid cost assessment 80.20.030 limitation upon 80.20.020 payment of 80.20.020 frequency limitation upon making 80.20.060 necessity of, commission’s determination conclusive 80.20.040 order of commission not subject to review 80.20.050 budgets of expenditures authority of commission to regulate and control 80.04.300 emergency expenditures 80.04.330 filing of 80.04.300 publication by commission, withholding of 80.04.320 rejected items, effect 80.04.330 supplementary budgets 80.04.300 cancellation, acquisition, of franchise or permit for operation in territory incorporated 35.02.160 capital stocks and bonds of other public service companies, acquisition void without authorization 80.12.040 complaints commission may make 80.04.110 copy, service of 80.04.110 damages, no dismissal because of lack of 80.04.110 joinder of complaints or grievances 80.04.110 public service company against another public service company 80.04.110 who may make 80.04.110 who may serve 80.04.110 court review of commission orders 80.16.090 damages, liability of public service companies to persons or corporations affected by violations of law, order, or rule 80.04.440 defined as to affiliated interests 80.16.010 (2008 Ed.) investigations 80.20.010 securities regulations 80.08.010 transfers of property 80.12.010 duties as to rates, services and facilities 80.28.010 earnings, excess of reasonable returns, consideration in fixing rates 80.04.360 electrical companies, See PUBLIC UTILITIES, subtitle Electrical companies fees gross operating revenue based disposition 80.24.040 failure to pay, penalty 80.24.050 fees to approximate regulation costs 80.24.020 fines and penalties for failure to pay deposited in public service revolving fund 80.24.050 records of costs, fees based upon 80.24.030 gross operating revenue based fees 80.24.010 pipeline safety fee 80.24.060 filings, gross operating revenue 80.24.010 franchises disposal without authorization void 80.12.030 transfer without authorization prohibited, exception 80.12.020 gas companies, See PUBLIC UTILITIES, subtitle Gas companies hearings joinder of complaints or grievances 80.04.110 notice 80.04.110 practice and procedure 80.04.110 time and place 80.04.110 investigations costs of assessed to public service companies 80.20.020 collection 80.20.030 disposition to public service revolving fund 80.20.020 interest on unpaid cost assessment 80.20.030 limitation upon 80.20.020 payment of 80.20.020 frequency limitations upon making 80.20.060 necessity of, commission’s determination conclusive 80.20.040 order of commission not subject to review 80.20.050 nonpolluting renewable energy sources for power generation exemption from regulation 80.58.010 notes, issuance conditions and exceptions 80.08.043 order for improvement of service 80.28.030, 80.28.040 orders, public service company complaining against another public service company, power of commission to make order to correct abuse 80.04.110 orders requiring joint action 80.04.140 public utility districts acquisition of electrical utilities, taxation 54.28.120 condemnation or purchase of power facilities 54.04.100 rates and charges changes filing of 80.04.130 hearing upon 80.04.130 increase of, burden of proof 80.04.130 suspension until hearing 80.04.130 commission to fix reasonable and compensatory rates 80.28.020 discrimination prohibited 80.28.100 earnings in excess of reasonable return, consideration in fixing rates 80.04.360 electrical companies, See PUBLIC UTILITIES, subtitle Electrical companies filing, changing, publication of 80.28.060 schedule of 80.28.050 gas companies, See PUBLIC UTILITIES, subtitle Gas companies merchandising capital or expenses not to be considered in determining 80.04.270 payments to affiliated interests, reasonableness must be proved 80.16.030 payments to affiliated interests not to be allowed in determining if nonapproved or disallowed 80.16.060, 80.16.070 sliding scale of charges 80.28.070 sufficiently remunerative, consent required before any change in 80.04.150 uniformly applied, exceptions, liabilities 80.28.080 water companies, See PUBLIC UTILITIES, subtitle Water companies records and documents access of commission to 80.04.090 forms 80.04.090 out-of-state records and accounts, power of commission to require production of 80.04.100 regulatory fees 80.24.010 repairs, improvements, or additions may be ordered by commission 80.28.130 reports accidents 80.04.460 annual to commission contents 80.04.080 filing 80.04.080 period of report 80.04.080 monthly periodical or special 80.04.080 securities acquisition of securities of other public service companies void without authorization 80.12.040 assumption of liability for securities of other companies, compliance with filing requirements 80.08.130 authority of commission to regulate 80.08.020 capitalization of franchises or merger contracts prohibited 80.08.080 commission authority not affected by act in compliance with chapter 80.08.150 control over by state 80.08.020 filing exemptions, conditions 80.08.047 filing required with commission prior to issuance 80.08.040 issuance authority 80.08.030 contrary to chapter, penalties 80.08.100 purposes for which authorized 80.08.030 proceeds from issue accounting for disposition 80.08.090 violations, penalty 80.08.110, 80.08.120 service furnishing upon reasonable notice 80.28.110 unreasonable advantage or disadvantage prohibited 80.28.090 stock, other securities purchase or sale of stock in other corporations by employees prohibited 80.04.280 sale to 80.04.290 transfers of property acquisition of property of other public service companies 80.12.040 disposal without authorization void 80.12.030 franchises disposal without authorization void 80.12.030 transfer without authorization prohibited, exception 80.12.020 prohibited without authorization of commission, exception 80.12.020 rules and regulations of commission as to 80.12.050 violations, penalty 80.12.060 valuation [RCW Index—page 603] PUBLIC UTILITIES costs of assessed to public service companies 80.20.020 collection 80.20.030 disposition to public service revolving fund 80.20.020 interest on unpaid cost assessment 80.20.030 limitation upon 80.20.020 payment of 80.20.020 frequency limitations upon making 80.20.060 necessity of, commission’s determination conclusive 80.20.040 order of commission not subject to review 80.20.050 violations, orders, rules or requirements of commission 80.04.380 violations by employees, officers, orders, rules or requirements of commission 80.04.385 water companies, See PUBLIC UTILITIES, subtitle Water companies Public services companies rates and charges existing contracts, effect upon 80.28.120 Railroads jurisdiction of public offense committed on Const. Art. 1 § 22 Rates and charges changes filing of 80.04.130 hearing upon 80.04.130 increase of, burden of proof 80.04.130 sufficiently remunerative charges, consent required before any change in 80.04.150 suspension until hearing 80.04.130 complaints, who may make 80.04.110 earnings in excess of reasonable return, consideration in fixing rates 80.04.360 merchandising capital or expenses not to be considered in determining 80.04.270 overcharges court procedure in actions upon 80.04.240 refund of 80.04.230 reparations 80.04.220 payments to affiliated interests, reasonableness must be proved 80.16.030 payments to affiliated interests not to be allowed in determining if nonapproved or disallowed 80.16.060, 80.16.070 reparations when excessive 80.04.220 senior and other low-income citizens, reductions 74.38.070 unreasonable preferences prohibited, telecommunications companies 80.36.170 valuation of public service company property for purposes of ascertaining 80.04.250 Records and documents access of commission to 80.04.090 forms 80.04.090 out-of-state records and accounts, power of commission to require production of 80.04.100 Records containing commercial information, protection of 80.04.095 Regulatory fees, See PUBLIC UTILITIES, subtitle Fees Release or waiver of rights, penalties, or forfeitures, title not construed as 80.04.480 Repair equipment for motor vehicle maximum height requirement not to apply to 46.44.020 motor vehicle maximum length requirements, when not to apply to 46.44.030 Reparations for excessive rates 80.04.220 Reports accidents 80.04.460 annual to commission 80.04.080 filing 80.04.080 period of report 80.04.080 monthly, periodical or special 80.04.080 Revenue [RCW Index—page 604] cities and towns may incur indebtedness on credit of revenue 35.92.075 Rules and regulations admissibility in evidence 80.04.450 fees for copies of 80.04.450 liability of public service companies to persons or corporations affected by violation of rule or regulation 80.04.440 publication 80.04.450 Sale of property, See PUBLIC UTILITIES, subtitle Transfers of property Sales and use tax exemption 82.08.0252, 82.08.0256 Securities acquisition of securities of other public service companies 80.12.040 assumption of liability for securities of other companies, compliance with filing requirements 80.08.130 authority of commission to regulate 80.08.020 capitalization of franchises or merger contracts prohibited 80.08.080 commission authority not affected by act in compliance with chapter 80.08.150 control over by state 80.08.020 filing exemptions, conditions 80.08.047 filing required with commission prior to issuance 80.08.040 issuance authority 80.08.030 contrary to chapter, penalties 80.08.100 purposes for which authorized 80.08.030 violations, penalty 80.08.110, 80.08.120 proceeds from issue accounting for disposition 80.08.090 violations, penalty 80.08.110, 80.08.120 Senior and other low-income citizens, reduced rates 74.38.070 Service furnished to all upon reasonable notice 80.36.090 reasonableness 80.28.010 Stock, other securities customers, sale to 80.04.290 employees purchase or sale of stock in other corporations deduction from salary of payments for prohibited 80.04.280 requiring prohibited 80.04.280 during working hours prohibited 80.04.280 sale to 80.04.290 Stock, other securities, See also PUBLIC UTILITIES, subtitle Securities Tariff changes electrical generation facilities effect of facility abandonment 80.04.130 filing of 80.04.130 hearing upon 80.04.130 increase of, burden of proof 80.04.130 suspension until hearing 80.04.130 Taxation Ch. 84.12 cities and towns 6%, exception 35.21.870 limitations 35.21.865 Taxes, See TAXES - PUBLIC UTILITIES Telecommunications definitions 54.16.005 Telecommunications companies abbreviated formal procedure, investigation and fact-finding 80.36.145 alternative forms of regulation 80.36.135 banded rates 80.36.340 certain services not regulated 80.36.370 competitive classification petitions submission with application for registration 80.36.350 competitive telecommunications companies classification criteria and procedure 80.36.320, 80.36.330 petition for 80.36.310 generally 80.36.320 reclassification 80.36.330 complaints who may make 80.04.110 connections between lines of different companies, commission may order 80.36.160 contracts or agreements application of title to existing contracts 80.36.270 filing with commission, contents and enforceability 80.36.150 county roads use of rights of way authorized 80.36.040 discounted message toll service prohibition 80.36.183 discrimination messages from other companies 80.36.200, 80.36.220 must receive and transmit messages for any person 80.36.220 eminent domain extent of appropriation 80.36.030 right of 80.36.010 exchange areas, commission to prescribe, procedure 80.36.230, 80.36.240 exempted actions or transactions 80.36.360 facilities condition and sufficiency of 80.36.080, 80.36.090 repairs and betterments, commission may order 80.36.260 fees, gross operating revenue based, decrease of for 80.24.010 filing rates and charges 80.36.100 highways, use of rights of way authorized 80.36.040 public granted lands, when eminent domain must be used 80.36.040 intensive review by legislature 80.36.901 legislative policy 80.36.300 messages interstate service, complaints 80.36.250 message from other companies, discrimination 80.36.200 messages from other companies, discrimination prohibited 80.36.220 order of sending 80.36.210 new companies, registration of 80.36.350 noncompetitive service minimal regulation 80.36.332 unreasonable preference or advantage in price or access prohibited 80.36.186 pay phones, calls to operator without use of coins 80.36.225 preferences, unreasonable prohibited 80.36.170 price lists 80.36.333, 80.36.338 property damaging or injuring, penalty 80.36.060, 80.36.070 punitive damages for injuring 80.36.060 underwater cable, damage by ships or vessels 80.36.070 railroads right of entry upon right of way 80.36.030 use of rights of way authorized 80.36.040 right of telephone company to use, penalty for refusal 80.36.050 rates and charges abbreviated formal procedure, investigation and fact-finding 80.36.145 authority of commission to fix 80.36.140 changes filing 80.36.110 notice 80.36.110 suspension by commission 80.36.110 complaints, who may make 80.04.110 deaf and speech-impaired, long distance discount rates required for service in conjunction with telecommunications relay system 80.36.195 (2008 Ed.) PUBLIC UTILITIES discounted message toll service prohibition 80.36.183 discrimination prohibited 80.36.180 interstate rates complaints 80.36.250 joint rates and charges 80.36.120 longer distance charge must be greater than shorter distance charge 80.36.190 published rates shall be charged, exceptions 80.36.130 reasonableness 80.36.080 schedule of filing 80.36.100 joint rates 80.36.100, 80.36.120 notice of filing and open to inspection 80.36.100 posting 80.36.100 public inspection 80.36.100 unreasonable preferences prohibited 80.36.170 registration of new companies 80.36.350 right of entry 80.36.020, 80.36.030 routing of messages over joint company connections, commission may order 80.36.160 services authority of commission over services and practices 80.36.140 furnished to all upon reasonable notice 80.36.090 standard of services furnished 80.36.080 streets, use of rights of way public granted lands, when eminent domain must be used 80.36.040 unreasonable preferences prohibited 80.36.170 wireless service facilities 80.36.375 Telecommunications companies, See also TELECOMMUNICATIONS, subtitle Systems installations Telegraph, underground, conversion to or installation cities and towns Ch. 35.96 counties 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480 Telegraph companies county roads franchises along 36.55.010 electrical installations, exception 19.28.151 messages divulging content by telegraph company employee, penalty 9.73.010 publishing of, penalty 9.73.020 refusing or delaying delivery by employee, penalty 9.73.010 messages, See also TELEGRAPHIC COMMUNICATIONS port district toll facilities, construction and maintenance of lines along 53.34.010 Telephone, underground, conversion to or installation cities and towns Ch. 35.96 counties 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480 Telephone buyers’ protection act Ch. 19.130 Telephone companies complaints twenty-five or more consumers may make complaint as to rates and charges 80.04.110 county roads and bridges franchises along 36.55.010 directories, notice to yield line for emergency 70.85.040 electrical installations, exception 19.28.151 emergencies, yielding party line for definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency penalty 70.85.030 franchise fee prohibited by cities and towns 35.21.860 (2008 Ed.) hostage or barricade situation service disruption, telephone company immunity from liability 70.85.120 telephone communication 70.85.100 applicable law 70.85.130 hostage or barricade situations assistance responsibility 70.85.110 local exchange companies small companies, regulatory exemptions and reporting requirements 80.04.530, 80.08.160, 80.12.045, 80.16.055 party lines, yielding for emergency definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency penalty 70.85.030 port district toll facilities, construction and maintenance of lines along 53.34.010 Telephones mandatory measured service filings for, procedure and policy 80.04.130 Towns, earnings to current expense fund, when 35.27.510 Transfer of highway lands to 47.12.080 Transfers of property acquisition of property of other public service companies 80.12.040 capital stocks and bonds of other public service companies, acquisition void without authority 80.12.040 disposal without authorization void 80.12.030 franchises, transfer without authority prohibited, exception 80.12.020 prohibited without authorization of commission, exception 80.12.020 rules and regulation of commission as to 80.12.050 violations, penalty 80.12.060 Transmission facilities attachments application on facilities of other companies, exemption 80.54.050 definitions 80.54.010 rates, terms, conditions determination, fixing, commission order 80.54.030 just and reasonable rate, criteria 80.54.040 regulation, authorized 80.54.020 uniformity of rates, required 80.54.070 pea patch leases 35.92.370 Unauthorized use of services damage recovery 80.28.240 Unclaimed property, uniform act Ch. 63.29 deposits 63.29.080 Underground utilities, location, damage Ch. 19.122 Urban forestry code cities providing utility services may request voluntary donations for 35A.80.040 Valuation costs of assessed to public service companies 80.20.020 collection 80.20.030 disposition to public service revolving fund 80.20.020 interest on unpaid cost assessments 80.20.030 limitation upon 80.20.020 payment of 80.20.020 frequency limitations upon making 80.20.060 necessity of, commission’s determination conclusive 80.20.040 order of commission not subject to review 80.20.050 Valuation of public service company property for purposes of ascertaining rates and charges 80.04.250 Violations actions to recover penalties, disposition to state general fund, exception 80.04.400 litigation of penalties 80.04.405 orders, rules or requirements of commission corporations other than public service companies, penalty 80.04.387 employees of corporations other than public service companies, penalty 80.04.390 public service companies employees, officers, penalty 80.04.385 penalty 80.04.380 penalty 80.04.405 public service revolving fund, penalties deposited in 80.04.405 recovery of penalties 80.04.405 securities 80.08.110, 80.08.120 transfers of property 80.12.060, 81.12.060 Water companies board of health standards, failure to meet, basis for order to improve service 80.28.030 commission may enter into agreements with county to regulate companies located within county 80.28.185 commodities supplied, commission may order improvement in 80.28.030 complaints twenty-five or more consumers may make complaint as to rates and charges 80.04.110 who may make 80.04.110 conservation investments conservation bonds 80.28.306 conservation service tariffs 80.28.303 costs as bondable conservation investments 80.28.309 definitions 80.28.005 drinking water standards investigation of compliance with 80.04.110 duties as to rates, services and facilities 80.28.010 fees, gross operating revenue based fees, decrease of for 80.24.010 meters inspection and sealing of 80.28.140 tampering, etc. damages 80.28.240 testing apparatus to be furnished by company 80.28.160 testing at request of consumer, charges 80.28.170 rules, charges 80.28.180 rates and charges changes filing of 80.28.060 notice of 80.28.060 publication of 80.28.060 commission to fix reasonable and compensatory rates 80.28.020 complaints, who may make 80.04.110 conservation service tariffs 80.28.303 discrimination prohibited 80.28.100 existing contracts, effect upon 80.28.120 extension, installation, and connection charges commission jurisdiction 80.28.270 published and filed rates to be charged, exceptions, liabilities 80.28.080 reasonableness 80.28.010 reserve account 80.28.022 schedule of changes 80.28.060 filing and publishing of 80.28.050 sliding scale of charges 80.28.070 suspension of changes in 80.28.060 water conservation goals, achievement of, consideration in setting 80.28.010 repairs, improvements, or additions may be ordered by commission 80.28.130 service commission may order improvement in, receivership for noncompliance 80.28.040 furnishing upon reasonable notice required 80.28.110 unreasonable preferences prohibited 80.28.090 [RCW Index—page 605] PUBLIC UTILITY AND TRANSPORTATION CORRIDORS substandard water systems, limited immunity from liability on assumption of responsibility for 80.28.275 Water system aquifer protection areas fee revenues, use of 36.36.040 complaint that system fails to meet board of health standards 80.04.110 drinking water standards investigation of compliance with 80.04.110 exemption from regulation burden of proof on utility 80.04.015 nonmunicipal water systems audits by utilities and transportation commission 80.04.110 PUBLIC UTILITY AND TRANSPORTATION CORRIDORS Acquisition, just compensation 64.04.180 Declaration of availability for public use 64.04.180 Defined 64.04.190 Railroad properties cessation of use, retain character 64.04.180 PUBLIC UTILITY DISTRICTS Acquisition of property 54.16.010 Actions against officer, employee or agent defense costs exception 54.16.097 Agent, officer, or employee actions against defense costs exception 54.16.097 Agreements and contracts, authority 54.16.090 Annexation elections, taxation, levies, coordination 54.04.037 procedure for 54.32.010 taxation of former districts 54.32.010 territory within service area 54.04.035 Annuity contracts 54.04.050 Appliance repair service 54.16.380, 54.16.385 Assessment collection, county treasurer 36.29.160 Assessments 54.16.120 certificates of delinquency 54.24.230, 54.24.240 Authority over rates, production, distribution 54.16.040 Authorization for 54.04.020 Bids and bidding 54.04.080 alternative bid procedure 54.04.082 electrical facility construction or improvement 54.04.080, 54.04.085 service provider agreements, water quality, bid laws inapplicable 54.04.092 Billing budget billing or equal payment plan 35.21.300, 80.28.010 voluntary contributions to assist low-income customers Ch. 54.52 Biodiesel, ethanol, and ethanol blend fuels 54.04.190 Bond issues 1931 act 54.24.018 1941 act authority 54.24.020 covenants for bond owners 54.24.050 definitions in regard to 54.24.060 funding and refunding 54.24.090 general provisions 54.24.030 general power in regard to 54.16.070 Bond issues, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Boundaries 54.08.010, 54.08.060, 54.12.010, 54.32.010 Boundary review boards district actions subject to board review 54.08.001, 54.32.001 district provision of water beyond its boundaries subject to review 54.16.035 Budgets preparation 54.16.080 [RCW Index—page 606] Cities and towns electrical distribution equipment, acquisition from 35.92.054 joint powers with 35.92.054 restrictions on power facilities 54.04.040 tax on revenue 54.28.070 Claims against 54.16.110 Classification of districts Ch. 54.40 Coal-fired thermal electric generating facility ownership agreement 54.44.020 Columbia river hydroelectric projects, grant back of easements to former owners 54.16.220 Combined utility functions 54.16.300 Commissioners election, terms 54.08.060 election, terms, vacancies 54.12.010 manager, appointment, compensation, and duties 54.16.100 oaths and affirmations 54.12.100 planning powers 54.04.120 powers 54.12.010 county commissioners 54.04.120 insurance for officials and employees 54.16.095 planning commission 54.04.120 quorum 54.12.090 resolutions of 54.12.090 salaries and expenses 54.12.080 Community revitalization financing 54.16.083 Condemnation proceedings 54.20.010 Consolidation procedure for 54.32.010 taxation of former districts 54.32.010 Construction projects counties and other taxing districts, financial burden on 54.36.070 school districts, financial burden on Ch. 54.36 Contracts and agreements authority 54.16.090 bidding procedure 54.04.080 alternative method 54.04.082 deposit and sureties 54.04.080 general powers 54.16.090 minimum wages 54.04.090 small works roster 54.04.070 work and materials 54.04.070 Counties or other taxing districts, increased financial burden due to construction 54.36.070 County-wide districts, acquisition of distribution properties 54.32.040 Damages 54.16.110 Defense costs for actions against officer, employee, or agent exception 54.16.097 Definitions 54.04.010 Depositaries 54.24.010 Dissolution, generally Ch. 53.48, 54.08.080 Elections commissioners 54.08.060, 54.12.010 expenses 54.12.010 five commissioner districts 54.40.040, 54.40.050 classification criteria 54.40.040, 54.40.050 formation 54.08.010 general provisions 54.04.060 Electric revenue bonds, mutual savings banks, investment in 32.20.070 Electrical power facilities construction or improvement appeals 54.04.085 bid proposals 54.04.085 contracts 54.04.080, 54.04.085 defined 54.04.080 duty to furnish 54.04.100 planning in regard to 54.04.120 public service corporations, condemnation or purchase 54.04.100 restrictions on use in cities and towns 54.04.040 wholesale power rates and charges 54.04.100 sale to districts 54.04.100 Electricity distribution limitations 54.16.040 equipment for use, sale, or distribution 54.16.040 generation, distribution, sale, privilege tax Ch. 54.28 intertie lines 54.16.060 joint operating agency, authority to purchase from 54.16.370 privilege tax Ch. 54.28 purchase for sale 54.16.040 transmission 54.16.060 Electricity, See also PUBLIC UTILITY DISTRICTS, subtitle Hydroelectric power Eminent domain power of 54.16.020 proceedings 54.20.010 Employee, officer, or agent actions against defense costs exception 54.16.097 Employment interview expenses authorized 54.16.092 Energy conservation projects financing, authorized 54.16.280 Environmental mitigation activities 54.16.390 Federal nuclear reservation county with reservation within its boundaries 54.04.039 Federal surplus property acquisition, See FEDERAL SURPLUS PROPERTY Fiscal matters bond issues investment in by mutual savings banks 32.20.070 savings and loan associations, investment in 33.24.070 construction projects, financial burden counties and other taxing districts 54.36.070 school districts Ch. 54.36 taxation school district taxes construction pupils, generally Ch. 54.36 Five commissioner districts division 54.40.060, 54.40.070 election for reclassification 54.40.040, 54.40.050 filing of licenses 54.40.030 qualifications, voters’ approval 54.40.020 requirements 54.40.010 Formation election 54.08.041, 54.08.060, 54.12.010 hearings 54.08.010 petition for 54.08.010 procedure, generally 54.08.010 validation, questioning 54.08.050 Formation of new districts 54.08.060 Funds guaranty for bonds, authority 54.16.070 interfund loans 54.16.085 local improvement guaranty fund authority, generally 54.24.200 bondholders rights and remedies 54.24.260 certificates of delinquency 54.24.230, 54.24.240 duties of district 54.24.210 subrogation of district 54.24.250 warrants for liabilities 54.24.220 special for bonds—1931 act 54.24.018 special for bonds—1941 act creation considerations 54.24.040 general provisions for 54.24.030 Funds, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Group insurance authorized 54.12.080 Hydroelectric generation development separate legal authority acquisition of facilities, procedures 87.03.831 cooperative development 87.03.825 indebtedness, repayment of 87.03.837 law supplemental, when 87.03.840 membership, procedures 87.03.831 (2008 Ed.) PUBLIC UTILITY DISTRICTS ratification and approval of actions 87.03.834 Hydroelectric power eminent domain for 54.16.020 federal power commission license, five commissioner district classification Ch. 54.40 plans and surveys for 54.16.010 privilege tax Ch. 54.28 Improvements apportionment of cost 54.16.170 community revitalization financing 54.16.083 plans for 54.24.018 Improvements, See also PUBLIC UTILITY DISTRICTS, subtitle Local utility districts Indebtedness general power to contract 54.16.070 nonvoter approved, excess election for approval or rejection 54.24.018 plans for incurring 54.24.018 Indebtedness, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Insurance group 54.04.050 liability, officials and employees 36.16.138 risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Interfund loans 54.16.085 Interlocal cooperation, See INTERLOCAL COOPERATION Irrigation eminent domain for 54.16.020 general power to furnish 54.16.030 plans and surveys for 54.16.010 pumping service, tariff 54.16.350 Irrigation districts, restrictions on utility operations 54.04.030 Joint operating agencies, powers and duties as to 43.52.300 Joint operating agencies, See JOINT OPERATING AGENCIES Joint powers cities and towns 35.92.054 other districts 54.16.200 Joint undertakings with cities over one hundred and fifty thousand 35.92.280, 35.92.290, 35.92.300, 35.92.310 Liability insurance 54.16.095 Limitation of actions 54.08.050 Local utility districts assessment rolls 54.16.160 assessments, segregation of 54.16.165 authority for 54.16.120 procedure to establish financing 54.16.130 hearing 54.16.140 notice to contain statement that assessments may vary from estimates 54.16.142 petition signed by majority of landowners 54.16.150 resolution or petition 54.16.130, 54.16.140 Local utility districts, See also LOCAL UTILITY DISTRICTS Locally regulated utilities attachments to poles 54.04.045 Low-income energy assistance termination of utility heating service limitation 80.28.010 limitations 54.16.285 voluntary contributions to assist low-income customers Ch. 54.52 Manager, appointment, compensation, and duties 54.16.100 Minimum wages 54.04.080 Municipal corporations designation as 54.04.020 restrictions on invading 54.04.030 Nuclear, thermal, electric generating power facilities, joint development additional powers granted pursuant to chapter 54.44.020 agreements (2008 Ed.) authority for 54.44.020 conformity to applicable law 54.44.060 bonds, revenue, authority to issue 54.44.040 declaration of public purpose 54.44.010, 54.44.040 depositaries 54.44.050 disbursement of public funds 54.44.050 liability of city, joint operating agency or public utility district, extent, limitations 54.44.030 liberal construction 54.44.900 percentage of ownership 54.44.020 taxes 54.44.020 Officer, employee, or agent actions against defense costs exception 54.16.097 Officers and employees annuity contracts, providing for 54.04.050 benefits when private utility acquired admission to district’s plan 54.04.140 agreements and contracts for 54.04.150 continuance of 54.04.130 continuance of pension plan 54.04.160 collective bargaining rights of employees 54.04.170, 54.04.180 employee benefits, district may continue to pay premiums after employee retires 54.04.055 group employee insurance, providing for 54.04.050 liability insurance, purchase authorized 36.16.138 pensions and retirement, benefits when private utility acquired 54.04.130, 54.04.140, 54.04.150, 54.04.160 retirement income policies, providing for 54.04.050 Planning authority 54.04.120 Plans and planning acquisition of property 54.24.018 resources and utility development 54.16.010 Power facilities construction, voter approval, election 54.08.060 Powers acquisition, construction, or operation of sewage system in certain counties 54.16.180 adoption of resolutions 54.16.190 advancement of funds for surveys, plans, investigations for studies 54.16.090 contracting indebtedness 54.16.070 contracts, power to make 54.16.090 electric energy 54.16.040, 54.16.060 electrical power facilities, condemnation of 54.04.100 eminent domain 54.16.020 electrical power facilities 54.04.100 financial, See PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters fuels, production and distribution 54.04.190 insurance, liability of officials and employees, may be purchased 54.16.095 joint exercise of 54.16.200 planning 54.04.120 plans and surveys 54.16.010 sale or lease of property 54.16.180 sue and be sued 54.16.110 taxation, levy and collection 54.16.080 technical and professional assistance, authority 54.16.090 water and irrigation works 54.16.030 water rights 54.16.050 water systems, sale and conveyance of 54.16.180 Privilege tax generally Ch. 54.28 Privilege tax, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Rates and charges connection charges, waiver criteria 54.24.080 water conservation goals achievement considered 54.24.080 Regulation exemption, utilities and transportation commission 54.16.040 Retirement benefits 54.04.050, 54.04.055 Revenue obligations authority 54.24.020 contract under previous law 54.24.110 covenants of 54.24.050 defined 54.04.010 destruction of canceled certificates 54.24.012 enforcement 54.24.110 execution of 54.24.100 funding and refunding 54.24.090 investments and securities 54.24.120 registration 54.24.070 sale or delivery 54.24.060 special fund for 54.24.030, 54.24.040 School districts, construction pupils, effect Ch. 54.36 Securities for funds 54.24.010 Service area annexation 54.04.035 Sewage disposal facilities, septic tanks, and wastewater facilities operation, maintenance, and inspections districts authorized to perform 54.16.310 Sewage system works accounts and funding 54.16.260 acquisition, construction, operation procedure 54.16.230 ballot proposition canvass 54.16.250 canvass of ballot proposition 54.16.250 election, authorizing 54.16.230 existing authority not affected 54.16.270 resolution or petition voter approval or rejection 54.16.240 voter approval or rejection 54.16.240 Sewer revenue bonds, mutual savings banks, investment in 32.20.070 Short-term obligations Ch. 39.50 Small works roster 54.04.070 Surveys and plans 54.16.010 Taxation annexed areas 54.32.010 anticipation warrants 54.16.080 consolidated districts 54.32.010 levy and collection 54.16.080 municipal taxes gross revenue 54.28.070 use for school districts 54.28.090 privilege tax additional imposition 54.28.020 rates 54.28.020 thermal electric generating facilities imposition 54.28.025 rates 54.28.025 cities and towns imposition on revenue 54.28.070 computation and payment 54.28.040 definitions 54.28.010, 54.28.011 distribution 54.28.050 interest 54.28.060 limitation on 54.28.120 property acquired from public service companies 54.28.120 report to department of revenue 54.28.030 thermal electric generating facilities distribution 54.28.055 property acquired from public service companies, limitation 54.28.120 property removed from tax rolls, payments to taxing entity 54.28.110 school district taxes deposit to credit of 54.28.090 when imposed 54.28.080 use of tax money 54.28.100 Taxation, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Telecommunications facilities and services 54.16.330, 54.16.340 Termination of utility heating service limitations 35.21.300, 80.28.010 Three commissioner districts [RCW Index—page 607] PUBLIC WATER SUPPLY qualifications, voters’ approval 54.40.020 Treasurer of district 54.24.010 Underground utilities, location, damage Ch. 19.122 Urban forestry, voluntary donations 54.16.400 Utilities restrictions on invading other municipal corporations 54.04.030 restrictions on use within cities and towns 54.04.040 Validity of, questioning 54.08.050 Voluntary contributions to assist low-income customers Ch. 54.52 Water conservation equipment assistance to customers for acquisition of, authorization, limitations 54.16.032 Water districts, restrictions on utility operations 54.04.030 Water quality, service provider agreements bid laws inapplicable 54.04.092 Water revenue bonds, mutual savings banks, investment in 32.20.070 Water rights, powers in regard to acquisition and use 54.16.050 Water systems assumption of substandard system, limited immunity 54.16.320 Water-sewer districts disposition of property to public utility districts, procedures Ch. 57.42 Watersheds cooperative watershed management 54.16.360 Waterworks eminent domain for 54.16.020 general power to furnish 54.16.030 plans and surveys for 54.16.010 Work and materials bidding procedure 54.04.080 alternative method 54.04.082 deposit with contract 54.04.080 minimum wages 54.04.090 small works roster 54.04.070 when contract is necessary, exemptions 54.04.070 PUBLIC WATER SUPPLY Chemical contaminants local standards may be stricter 70.142.040 monitoring requirements 70.142.020, 70.142.030 noncomplying systems, corrective plan 70.142.050 standards 70.142.010 Comprehensive plan, land use element 35.63.090, 35A.63.061, 36.70.330 PUBLIC WATER SYSTEM OPERATORS Ad hoc advisory committees 70.119.081 Certification continuing education requirements 70.119.100 fees 70.119.160 issuance 70.119.100 national guidelines to be considered 70.119.070 reciprocity with other states 70.119.140 renewal 70.119.100 required 70.119.030 revocation, grounds 70.119.110 without examination, conditions 70.119.090 Continuing education 70.119.050, 70.119.100 Definitions 70.119.020 Exclusions from chapter 70.119.040 Fees 70.119.160 Rules, adoption 70.119.050 Safe drinking water operating permits application process 70.119A.110 findings 70.119A.100 implementation phase-in 70.119A.110 local government authority 70.119A.130 satellite system management agencies 70.119A.110 [RCW Index—page 608] Secretary, department of health authority 70.119.120 Secretary of health powers and duties 70.119.050 System categorization 70.119.060 Violations, penalties 70.119.130 Waterworks operator certification account 70.119.150 PUBLIC WATER SYSTEMS Acquisition and rehabilitation program 70.119A.190 Appraisal 8.25.280 Compliance and penalties definitions 70.119A.020 enforcement by local boards, penalties 70.119A.050 informal resolution 70.119A.040 penalties 70.119A.040 Construction commencement without approval, penalties 70.119A.040 Creation of new system, conditions for approval 70.119A.060 Delivery rate structures 43.20.235 Drinking water assistance account, use of funds 70.119A.170 Efficiency requirements 70.119A.180 Emergency public works projects inclusion of failing systems 43.155.065 Failed systems complaint process 43.20.240 Interties emergency interties 90.03.390 proposal review process 90.03.383 Investigations authority to enter premises 70.119A.150 search warrants 70.119A.150 Operators, certification requirements Ch. 70.119 Public health emergency declaration, department of health authorized to make 70.119A.030 violations and penalties 70.119A.030, 70.119A.040 Receivership actions actions brought by secretary of health 43.70.195 plan for disposition of system 43.70.195 Safe drinking water creation of new system, conditions for approval 70.119A.060 department of health contracting authority 70.119A.070 drinking water program 70.119A.080 duties, enforcement by department of health and local health jurisdictions 70.119A.060 environmental excellence program agreements, effect 70.119A.025 operating permits application process 70.119A.110 findings 70.119A.100 implementation phase-in 70.119A.110 local government authority 70.119A.130 satellite system management agencies 70.119A.110 voluntary chemical testing program to obtain area-wide waivers 70.119A.115 Safe drinking water account 70.119A.120 Service areas, approval 90.03.386 Valuation 8.25.280 Water supply advisory committee, membership and duties 70.119A.160 PUBLIC WATERWAY DISTRICTS (See WATERCOURSES AND WATERWAYS) PUBLIC WORKS Accounts and records of costs, standard form 43.09.205 Alternative contracting procedures Ch. 39.10 termination, repeal 43.131.407, 43.131.408 Apprentices training programs contracts, adjustment of specific projects 39.04.320 definitions 39.04.310 purpose 39.04.300 wood products, compliance with 39.35D RCW 39.04.330 Apprentices, effect of apprenticeship agreements 39.12.021 Arbitration disputes as to prevailing wage rate 39.12.060 Architectural and engineering services contracts with state agencies and amendments to them to be reported to the office of financial management 39.80.070 Art, works of, acquisition for public buildings and land, declaration of policy 43.46.090 Auctions municipalities authorized to purchase at auction, conditions 39.30.045 Bids and bidding adjustment to bid price, conditions 39.04.015 agreement made outside state no defense to criminal action for suppression of competitive bidding 9.18.150 cities, first class competitive requirements 35.22.620 cost determination 35.22.630 electrical distribution systems exempt from competitive bid requirements 35.22.640 minority employment clause 35.22.650 small works roster 35.22.620 cities and towns 35.23.352 collusion to prevent competitive bidding on public works, penalty 9.18.130 competitive bidding bidder claiming error 39.04.107 written projects, notice of contract execution 39.04.105 contracts to include goals of minority and women’s business enterprises 39.19.070 counties, competitive bidding 36.32.240 environmental protection requirements 39.04.120 future contracts, prohibition due to violations 39.12.055 low bidder claiming error, later bid prohibited 35.22.635 negotiations to adjust bid price 39.04.015 subcontractors identification by bidder 39.30.060 suppression of competitive bidding on public works, penalty 9.18.120 tax revenue may be considered by local governments 39.30.040 violations by municipal officers, penalties 39.30.020 Bids and bidding, See also BIDS AND BIDDINGS Bond for injunction, determination of amount 7.40.085 Bond of contractor actions on, notices condition precedent to 39.08.030, 39.08.065 amount 39.08.030 conditions 39.08.010, 39.08.030 contracts under twenty-five thousand dollars, exception 39.08.010 filing 39.08.010 liability for public officer failing to take 39.08.015 notices condition to actions on 39.08.030, 39.08.065 required 39.08.010 Change order due to environmental protection requirements 39.04.120 Colleges and universities subject to minority and women’s business enterprises law 28B.10.023 Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Contractors, labor and material liens 60.28.030 Contractor’s bond, notices condition precedent to action on 39.08.030 (2008 Ed.) PUBLIC WORKS Contracts bond of contractor actions on, notices condition precedent to 39.08.030, 39.08.065 amount 39.08.030 attorneys fees 39.08.030 conditions 39.08.010, 39.08.030 contracts under twenty-five thousand dollars, exception 39.08.010 filing 39.08.010 liability for public officer failing to take bond 39.08.015 notices condition to actions on 39.08.030, 39.08.065 provision for arbitration 39.12.060 registration or licensing prerequisite to public works contract 39.06.010 required 39.08.010 reservation of moneys for payment of laborers, subcontractors or materialmen 60.28.020, 60.28.050 change order due to environmental protection requirements 39.04.120 competitive bidding requirements, exemptions 39.04.280 completion of contract, duties of disbursing officer 60.28.051 correctional facilities construction and repair alternative method to remain in force until completed 39.04.230 findings 39.04.210 general contractor/construction manager method for awarding 39.04.220 engineering systems 39.04.290 first class cities competitive bidding requirements 35.22.620 cost determination 35.22.630 minority employment clause 35.22.650 small works roster 35.22.620 minimum rate stated and stipulated in 39.12.030 minority and women’s business enterprises 39.04.160 minority employment clause 35.22.650 paper products to be used should meet specifications 39.30.050 personal services minority and women’s business enterprises, office of, subject to 39.29.050 petroleum products, price increases, adjustments permitted 39.04.140 provision for arbitration 39.12.060 retained percentages 60.28.010 stadium and exhibition center, exemption from chapter requirements 39.30.070 violators, contracts with prohibited 39.06.010 Cost accounts and records contents 39.04.070 engineer’s certificate 39.04.080 falsification of, penalty 39.04.110 filing 39.04.080 public record 39.04.100 Costs of public works, standard form 43.09.205 Counties competitive bids 36.32.235, 36.32.240 competitive bids, advertisements 36.32.245 competitive bids, requirements 36.32.245 small works roster county roads 36.77.075 small works roster process 36.32.250 Counties, See also COUNTIES, subtitle Public works and purchases County roads and bridges, construction estimates 36.40.020 Definitions 39.04.010 Delay due to litigation 60.28.080 bond for injunction 7.40.085 Description of work emergency work, publication of description 39.04.020 Design-build contracting procedure Ch. 39.10 Emergency contracts 39.29.016 Emergency public works Ch. 39.28 (2008 Ed.) construction of act 39.28.030 definitions 39.28.010 powers conferred on municipalities 39.28.020 publication of description and estimate 39.04.020 Emergency public works projects 43.155.065 Eminent domain by counties for public works of state or United States, See EMINENT DOMAIN Estimates of cost contents 39.04.050 emergency work, publication of cost 39.04.020 filing of 39.04.020 public record 39.04.100 publication of 39.04.020 supplemental 39.04.040, 39.04.060 Farmers home administration projects 60.28.010 Federal loans and grants for public works, acceptance of authorized 39.28.040 Fees labor and industries, department of charge for approvals, certification, arbitration 39.12.070 Filings bond of contractor 39.08.010 contracts under twenty-five thousand dollars, exception 39.08.010 certificate of contractor as to hourly wage paid 39.12.040 cost accounts and records 39.04.080 estimate of cost 39.04.020, 39.04.040 notice of claim against contractor’s bond 39.08.030 plans and specifications 39.04.020 Fire protection districts 52.14.110, 52.14.120, 52.14.130 First class cities competitive bidding requirements 35.22.620 cost determination 35.22.630 minority employment clause 35.22.650 small works roster 35.22.620 General contractor/construction manager procedure Ch. 39.10 Highway contractors design-build projects 47.20.780, 47.20.785 tax imposed 82.04.280, 82.04.440 Hours of labor, ten hour day 49.28.065 Injunctions, bond for 7.40.085 Irrigation district purchases 87.03.437 Lien for materials furnished, procedure 60.28.015 Liens bond in lieu of retained funds 60.28.011 definitions 60.28.011 excess over claims paid to contractor 60.28.021 labor and material lien 60.28.011 reservation of moneys earned by contractor on estimates to assure payment of labor and supplies furnished 60.28.010 retained percentage 60.28.011 settlement of liens prior to final payment 39.08.010 termination before completion 60.28.011 trust funds for payment of, retention of money due contractor paid into 60.28.010 Liens, See also LIENS, subtitle Public works Loan agreements with the state or federal government 43.155.090 Local government contract awards, posting 39.04.200 small works roster 39.04.156 Marine vessel construction, maintenance, or repair contracts security, alternate forms authorized in lieu of contractor’s bond 39.08.100 Metropolitan park districts 35.61.135, 35.61.137 Minority and women’s business enterprises, office of advisory committees, establishment authorized 39.19.041 bidding procedures to include goals 39.19.070 certification of businesses 39.19.120, 39.19.140, 39.19.150 civil service exemptions 41.06.082 college and university contracts subject to 28B.10.023 compliance monitoring 39.19.160 compliance with chapter fine, appeal 39.19.080 remedies, appeal 39.19.090 contracts, all subject to 39.04.160 definitions 39.19.020 department of transportation bids 47.28.050 contracting procedures 47.28.030 contracts, bonds, deposits 47.28.090 enforcement, attorney general 39.19.110 fees business using services of office may be charged reasonable fee or charge 39.19.210 political subdivision may be charged a reasonable fee or charge for the certification of a business 39.19.220 state agency or educational institution may be charged a reasonable fee based on its expenditure of funds subject to office 39.19.230 general administration, department of contracts subject to 43.19.536 injunctive relief, attorney general 39.19.100 intent 39.19.010 investigative powers, attorney general 39.19.110 linked deposit program, information 39.19.240 minority and women’s business enterprises account 39.19.200 personal service contracts subject to 39.29.050 petition for reconsideration of certification 39.19.150 plan to maximize opportunity for businesses, each agency to adopt 39.19.060 powers and duties 39.19.030 prequalification of businesses, waiver of performance bond 39.19.170 standard clauses required in proposals, advertisements, and bids 39.19.050 state agencies and educational institutions to comply with public works and procurement goals 39.19.060, 39.19.075 Municipal corporations small works roster contract procedures 39.04.155 posting of awards 39.04.200 Municipalities auctions, authority to purchase at auctions, conditions 39.30.045 Notices claim against contractor’s bond, time limit for filing 39.08.030 delivery of materials and supplies, notice to contractor required 39.08.065 Optional municipal code cities procedure for letting contracts and making purchases 35A.40.210 Paper products contracts shall require paper products meet specifications 39.30.050 Payment procedures interest on unpaid amounts due when public body fails to make timely payment 39.76.011 timely payment, defined 39.76.011 timely payment, interest on unpaid amounts due when public body fails to make 39.76.011 Performance-based contracts application of chapter 39.04.170 energy conservation 36.32.245 first class cities 35.22.620 towns or second class cities 35.23.352 [RCW Index—page 609] PUBLICATION, SERVICE OF PROCESS BY Performance-based contracts for water conservation, solid waste reduction, and energy equipment Ch. 39.35A Personal service contracts competitive solicitation required, exceptions 39.29.011 data generated under contracts, access 39.29.080 emergency contracts 39.29.016 exemption of certain contracts 39.29.040 guidelines and guidebook 39.29.100, 39.29.110 higher education institutions 39.29.090 legislative review, executive supervision compliance, expenditure of funds prohibited, penalty 39.29.020 effective date 39.29.020 management training, audits 39.29.120 minority and women’s business enterprises, office of, subject to 39.29.050 procedures by office of financial management 39.29.065 reports 39.29.075 Personal service contracts, state agency amendments to contracts, submission and approval 39.29.025 definitions 39.29.006 documentation required before services may be contracted for 39.29.008 filing of contracts 39.29.055 legislative intent 39.29.003 list of contracts, office of financial management to maintain 39.29.068 public inspection of contracts 39.29.055 review and approval by office of financial management 39.29.055 sole source contracts 39.29.018 Plans and specifications execution of work according to 39.04.040 filing of 39.04.020 public record 39.04.100 supplemental 39.04.040 Prevailing wage rate compliance required when private construction project is performed under contract for rental, lease, or purchase of project by state or municipal government 39.04.260 disqualification of contractor for multiple violations 39.12.065 hearing, remedies, penalties 39.12.065 investigation of complaints 39.12.065 public works administration account 39.12.080 surveys, applicability by county 39.12.026 violations prohibitions on bidding on future contracts 39.12.055 Public buildings art, works of, acquisition for, declaration of policy 43.46.090 high-performance public buildings LEED silver standard Ch. 39.35D visual arts program established 43.46.090 state art collection 43.46.095 works of art acquisition procedure 43.19.455 interagency reimbursement for expenditure by visual arts program 43.17.205 purchase 43.17.210 required percentage of construction cost 43.17.200 Public hospital districts, material and labor, bid procedures, alternatives, and exemptions 70.44.140 Public works assistance account earnings, share to public facilities construction loan revolving account 43.84.180 loans or pledges, eligibility 43.155.070 solid waste collection tax Ch. 82.18 Public works board created 43.155.030 [RCW Index—page 610] evergreen community, preference 43.155.120 financing powers 43.155.060 powers 43.155.040 records, audits 43.155.080 Public works projects competitive bidding requirements 43.155.060 definitions 43.155.020 emergency projects 43.155.065 financing powers of board 43.155.060 legislative policy 43.155.010 loans for preconstruction activities 43.155.068 outcome-focused performance measures 43.155.075 public works assistance account established, purpose 43.155.050 subaccount, water storage projects 43.155.055 Puget Sound partners 43.155.110 Publication estimates of cost 39.04.020 work description 39.04.020 Real property acquisition policy Ch. 8.26 Rebates of wages, penalty 49.52.090 Recycled content products use in state capital construction or improvement projects 39.04.133 Recycled materials use of materials from demolition projects 39.04.135 Relocation assistance persons displaced by public works programs Ch. 8.26 Retained percentage 60.28.010 Schools and school districts common school plant facilities aid, modifiable basic plans for school building construction 28A.525.178 Small works roster cities and towns 39.04.156 colleges and universities 28B.10.350 counties 36.32.250, 39.04.156 county roads 36.77.075 first class cities 35.22.620 irrigation districts 87.03.436 local government, notification 39.04.156 port districts 53.08.120 publication of estimate 39.04.020 water-sewer districts 57.08.050 Sole source contracts state agency personal service contracts 39.29.018 Stadium and exhibition center exemption from chapter requirements 39.30.070 Standard clauses required in proposals, advertisements, and bids 39.19.050 Statement of intent to pay prevailing wage content 39.12.040 posting requirement 39.12.020 Transportation department may expend highway funds to cooperate in 47.08.070 Trench excavations safety systems required 39.04.180 Violations minority and women’s business enterprises, related to 39.19.080, 39.19.090 procurement of services 39.30.020 prohibitions on bidding on future contracts 39.12.055 Wages affidavit of wages paid by contractor 39.12.040 labor and industries department may charge fee 39.12.070 apprentices, effect of agreements 39.12.021 certificate of contractor as to, penalty for falsification 39.12.040 prohibitions, when 39.12.050 certificate of contractor as to hourly wage paid labor and industries department may charge fee 39.12.070 certificate of industrial statistician, department of labor and industries as to 39.12.040 contract to state minimum hourly rate 39.12.030 definitions 39.12.010 determination of prevailing wage rates to be made by department of labor and industries 39.12.015 falsification of statement relating to, penalties, prohibitions, when 39.12.050 liability of public agencies for compliance with prevailing wage requirements 39.12.042 minimum amount 39.12.020 nonpayment or underpayment 39.12.050 payment from moneys due contractor 60.28.020, 60.28.050 prevailing rate defined 39.12.010 priority lien against noncomplying contractor 60.28.040 prevailing wages public works administration account 39.12.080 statement of intent to pay minimum content 39.12.040 posting requirement 39.12.020 vocationally handicapped, exempt from prevailing wage rate, procedure 39.12.022 Water conservation account 43.155.100 Water-sewer districts labor and material contracts 57.08.050 PUBLICATION, SERVICE OF PROCESS BY (See also SERVICE OF PROCESS AND PAPERS) Corporations, domestic without officer in state 4.28.090 Out-of-state parties 4.28.180 Right to appear, defend or reopen 4.28.200 Summons 4.28.100 form of 4.28.110 manner of publication 4.28.110 right to appear, defend or reopen where service by publication 4.28.200 Unknown claimants 4.28.150 Unknown heirs 4.28.140 PUBLICATION OF LEGAL NOTICES Administrative rules 34.05.210 Affidavit of amount of fees, statement 65.16.110 content 65.16.030 evidential presumption 65.16.030 Cities and towns official newspaper to be designated 35.21.875 off-street parking, call for bids for operation 35.86A.120 Cities and towns under 300,000, final budget, notice of meeting to adopt 35.33.061 Closure of or restriction of traffic on highways, streets or county roads, publication of notice of 47.48.020 Code cities designation of official newspaper 35A.21.230 Common carriers, rates to be charged 81.28.080 Consecutive days requirement, omissions for Sundays and holidays, legality of 65.16.100 Constitutional amendments proposed by the legislature Const. Art. 2 § 1, Const. Art. 23 § 1 Construction and repair of highways, publication of call for bids 47.28.050 Control of traffic on capitol grounds 46.08.150 Corporations service on 4.28.090 Counties notice of intention to sell county property 36.34.020 ordinances, summaries 65.16.160 where no newspaper published 65.16.080 County road improvement districts, resolution of intention to form 36.88.030 (2008 Ed.) PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM County roads and bridges, day labor information 36.77.070 Court order of approval how secured 65.16.040 revocation of notice to publisher 65.16.050 procedure 65.16.050 Diking districts improvement procedure 85.05.110 Ditches and drains, private condemnation for 85.28.080 Eminent domain proceedings 4.28.120 English language, use of 65.16.020 Fees affidavit of publication, statement of amount 65.16.110 municipal corporations 65.16.091 newspapers with circulation over twenty thousand 65.16.091 payment in advance 65.16.120 political candidates 65.16.095 school districts 65.16.091 United States government 65.16.091 who shall pay 65.16.091 Franchises on state highways, public notice of application for 47.44.010 Holidays, omission, legality 65.16.100 Irrigation districts bond issue election notice 87.03.200 dissolution of insolvent 87.56.060 Joint operating agency formation 43.52.360 Limited access facility of state through city, town, or county, publication of notice of hearing on 47.52.137 Measures referred to the people Const. Art. 2 § 1 Military laws 38.12.020 Mortgage foreclosure deficiency sale 61.12.100, 61.12.110 Newspapers consolidation 65.16.020 county, official 36.72.071, 36.72.080, 36.72.090 fees to be charged 65.16.091 legal approval by court order 65.16.040 choice when more than one 65.16.060 counties where none published, provision 65.16.080 failure to obtain court approval 65.16.070 fees to be charged 65.16.091 plaintiff or moving party choice 65.16.060 posting of list 65.16.070 prior adjudication as 65.16.020 qualifications of 65.16.020 revocation of approval notice to publisher 65.16.050 procedure 65.16.050 superior court clerk, duties 65.16.070 news of general interest 65.16.020 second class mailing permit 65.16.020 use of English language 65.16.020 weekly day of 65.16.010 how made 65.16.010 Ordinances, county 65.16.160 Port districts boundary revisions 53.16.020 budgets 53.35.020 dissolution 53.48.030, 53.48.070 formation 53.04.020 harbor improvement plans 53.20.010, 53.20.050 labor and material contracts 53.08.150 Presumption, affidavit of publication 65.16.030 Proof of, affidavit of publication, who makes 65.16.030 Public works estimate of cost 39.04.020 work description 39.04.020 Radio and television broadcasting personnel 65.16.130 proof of publication, affidavit, by whom made 65.16.150 (2008 Ed.) restrictions on use 65.16.130 when officials may use 65.16.130 Reference to candidates for political office 65.16.130 Sale of port district property 53.25.120, 53.25.140 Summons form of 4.28.110 Sundays, omission, legality 65.16.100 Underground storage of natural gas, application for 80.40.040 Water-sewer districts annexation of territory, generally Ch. 57.24 formation 57.04.030 Weather modification, notice of intention 43.37.140 PUBLICATIONS (See also MAGAZINES; NEWSPAPERS; PERIODICALS; SESSION LAWS; STATE PUBLICATIONS DISTRIBUTION CENTER) Adults only label, hearing, notice, requirement 9.68.060 Amendments proposed to Constitution Const. Art. 23 § 1 Common carriers, published rates to be charged 81.28.080 County, official 36.72.071, 36.72.080, 36.72.090 County roads and bridges, information concerning day labor 36.77.070 Erotic materials compliance, distributor, etc., not to deprive retailer, etc., of services because of 9.68.090 distribution to minors, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Franchises, withdrawing, because of compliance with erotic material law, unlawful 9.68.090 Insurance 48.02.180 Libel, See LIBEL AND SLANDER Liberty of, guaranteed Const. Art. 1 § 5 Livestock market information and records, availability to 16.65.430 Measures referred to the people Const. Art. 2 § 1 Minors, erotic materials, distribution to, penalty 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120 Obscene materials injunctions against 7.42.010, 7.42.020, 7.42.030, 7.42.040, 7.42.050, 7.42.060, 7.42.070 Obscene materials, See also NUISANCES, subtitle Moral nuisances Receipts and expenditures of public money Const. Art. 7 § 7 Revised code of Washington, See REVISED CODE OF WASHINGTON Supreme court opinions Const. Art. 4 § 21 Washington State Register, See WASHINGTON STATE REGISTER PUBLISHERS Tax imposed 82.04.280, 82.04.440 PUGET SOUND Comprehensive plans of cities address run-off 35.63.090, 35A.63.061, 36.70.330 Marine resources committees Ch. 36.125 Pilotage, See VESSELS AND SHIPPING, subtitle Pilotage Puget Sound water quality protection Ch. 90.71 Shellfish protection districts and programs Ch. 90.72 Water quality field agents program 28B.30.632 definitions 28B.30.630 matching requirements 28B.30.634 PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM (See also FERRIES; TOLL BRIDGE AUTHORITY) Generally Ch. 47.60 Marine employees’ commission, See MARINE EMPLOYEES’ COMMISSION PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM Collective bargaining and arbitration collective bargaining procedures 47.64.170, 47.67.175 definitions 47.64.011 grievance procedures 47.64.150 impasse procedures 47.64.200 insurance and health care plans 47.64.270 interest arbitration 47.64.300, 47.64.310 law suits any ferry employee organization and department of transportation may sue or be sued 47.64.250 mediation 47.64.210 waive, proceed with binding arbitration 47.64.230 notice and service 47.64.260 parties not bound by arbitration 47.64.320, 47.64.330 public policy 47.64.006 salary survey 47.64.220 scope of negotiations 47.64.120 strikes, work stoppages, and lockouts prohibited 47.64.140 unfair labor practices enumerated 47.64.130 union security provisions, agency shop provisions 47.64.160 Credit permits for vehicular passage on toll facilities 47.56.247 cash deposit or bond requirement 47.56.248 Employees federal social security act benefits for 47.64.060 industrial insurance law benefits for 47.64.070 rights secured through other party operates ferry, ferry system 47.64.090 state employees’ retirement act benefits for 47.64.060 Ferries acquisition under urban mass transportation act of 1964 agreement with federal administrator authorized 47.61.010 bond issue to provide state matching funds amount 47.61.020 authorized 47.61.020 bonds to reflect terms and conditions of grant agreement 47.61.080 conditions for issuance 47.61.020 denominations 47.61.050 highway bond retirement fund 47.61.100 issuance and sale 47.61.020 legal investment for state funds 47.61.050 motor vehicle fuel excise taxes pledged 47.61.070 motor vehicle fund, use of 47.61.090 negotiability 47.61.040 not general obligation 47.61.070 payment of bonds 47.61.070, 47.61.090, 47.61.100 prior redemption, use of excess funds for 47.61.110 proceeds, deposit and use 47.61.060 registration 47.61.040 sale, manner of 47.61.050 signatures 47.61.040 terms and conditions 47.61.030 Granting of franchises on system facilities authorized 47.56.256 Insurance and health care plans 47.64.270 Liquidation of accounts upon lifting tolls 47.56.242 Party operating ferry, ferry system by rent, lease or charter bound by chapter 47.64 RCW 47.64.090 Permits, leases, or licenses to governmental entities for use of toll facilities authorized 47.56.253 Puget Sound ferry operations account [RCW Index—page 611] PUGET SOUND WATER QUALITY PROGRAM fuel taxes, deposit into account 46.68.080 Sale of property authorized upon notice and bid execution, delivery of deed 47.56.254 execution, delivery of deed 47.56.255 sale of unneeded property to governmental entities, execution, delivery of deed disposition of moneys received 47.56.257 upon notice and bid, execution, delivery of deed 47.56.254, 47.56.255 disposition of moneys received 47.56.257 Satisfaction of valid claims 47.56.242 Strikes, work stoppages, and lockouts prohibited 47.64.140 Toll bridge employees subject to civil service 47.64.290 Transfer of surplus sums to motor vehicle fund 47.56.243 PUGET SOUND WATER QUALITY PROGRAM Account Puget Sound recovery 90.71.400 Basin-wide restoration progress, assessment 90.71.380 Findings, intent 90.71.200 Puget Sound partnership performance audits of 90.71.390 Puget sound partnership accountability 90.71.350 action agenda biennial budget requests 90.71.320 development 90.71.260, 90.71.310 goals, objectives 90.71.300 authority, limitations 90.71.360 created 90.71.210 ecosystem coordination board 90.71.250 executive director 90.71.240 fiscal accountability 90.71.340 funding 90.71.330 leadership council 90.71.220, 90.71.230 report 90.71.370 science panel 90.71.270, 90.71.280, 90.71.290 PUGET SOUND WATER QUALITY PROTECTION Account scientific research 90.71.110 Assessment and monitoring program 90.71.060 Definitions 90.71.010 PULP AND PAPER MILLS Discharge of chlorinated organics, reports and permits 90.48.455 PUNISHMENT (See also FINES; FORFEITURES) Bribery and corrupt solicitation Const. Art. 2 § 30 Contempts criminal, criminal act constituting contempt at same time may be punished as a crime also 9.92.040 Conviction necessary before punishment 10.01.050 Criminal solicitation 9A.28.030 Cruel, not to be inflicted Const. Art. 1 § 14 Death penalty reprieve, governor’s power to grant 10.01.120 Felonies authorized sentences 9A.20.020, 9A.20.021 when punishment not fixed by statute 9.92.010 Gross misdemeanor authorized sentences 9A.20.020, 9A.20.021 Gross misdemeanors when punishment not fixed by statute 9.92.020 Habitual criminals 9.92.090 prevention of procreation 9.92.100 Misdemeanor authorized sentences 9A.20.020, 9A.20.021 when punishment not fixed by statute 9.92.030 Murder, first degree 9A.32.040 Persons liable to 9A.04.030 [RCW Index—page 612] Power court commissioners 2.24.040 courts 2.28.020 referees 4.48.060 Prevention of procreation 9.92.100 Recognizance to keep peace breach of conditions 10.64.070 term of 10.64.070 Repeat offenders 9.92.090 Restitution, in lieu of fine 9A.20.030 Sentencing reform act Ch. 9.94A Sterilization of criminals 9.92.100 PUPILS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Students) PURCHASE MONEY Insurance, investments in purchase money mortgages generally 48.13.110 valuation of mortgages held by 48.12.200 Partition proceedings, purchase money on sale of property security for 7.52.290 terms to be directed by court 7.52.280 PURCHASES (See also PUBLIC PURCHASES) Conditional sales contracts for purchase of real or personal property by cities and towns, metropolitan park districts, counties, and library districts authorized, indebtedness limitations 39.30.010 Counties purchasing agent, duties 36.32.260 purchasing department 36.32.240 recycled materials, preferential purchase of 36.32.245 County purchases A class counties purchasing agent, duties 36.32.260 competitive bidding exemptions 36.32.270 competitive bids 36.32.240 competitive bids, advertisements 36.32.245 competitive bids, requirements 36.32.245 county hospitals, competitive bids 36.32.240 proposed public works, notification of county planning commission 36.70.520 purchasing department 36.32.240 Diking or drainage district commissioners, authority 85.07.170 Emergency purchases 43.19.200 Executors and administrators, purchase of claims by 11.48.080 Federal surplus property, See PUBLIC PURCHASES Local governments recycled products procurement, notice of requirements 43.19A.080 requirements Ch. 43.19A Magazines, periodicals, publications, books, postage, subscriptions by public agencies, method for payment of 42.24.035 Personal representatives, purchase of claims by 11.48.080 Prison work programs state agencies and departments purchase of goods and services required, exceptions 43.19.534 Recycled products Ch. 43.19A State recycled material definitions, preferences 43.19.538 recycled products data base of recycled products and recycled products vendors 43.19A.060 procurement, notice of requirements 43.19A.080 requirements Ch. 43.19A State purchasing acceptance of gifts or benefits prohibited, penalties 43.19.1937 bids bond of bidder 43.19.1915 letting of contract 43.19.1911 life cycle cost 43.19.1911 low bidder claiming error, prohibition on later bid for same project 43.19.1914 lowest bidder 43.19.1911 modification or cancellation 43.19.1911 rejection grounds 43.19.1913 violations concerning, penalty 43.19.1939 central stores, general administration services account 43.19.1923 compliance by state officers, employees, etc., required 43.19.200 credit cards use by agencies 43.19.185 data processing equipment, leasing, exception, when 43.19.1901 division of purchasing, powers and duties as to central stores advance payments of agencies to 43.19.1925 combined purchases 43.19.1925 exchange of property between agencies 43.19.1921 general administration services account 43.19.1923 repair and maintenance of equipment 43.19.1921 warehouses, establishment and maintenance 43.19.1921 emergency purchases by state officers, etc. 43.19.200 estimates, required of state officers, etc. 43.19.200 leasing, included in definition of purchasing 43.19.1901 policy for purchasing and material control energy conservation 43.19.1905 exemptions 43.19.19054 functions 43.19.1905 initial determinations, time 43.19.19052 purchasing, defined 43.19.1901 records of state purchases shall be available to members of the legislature, the legislative committees and legislative staff upon request 43.19.1917 state purchasing and material control director, appointment, personnel 43.19.180 State purchasing committee, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle State purchasing advisory committee PURSUIT Escape—Retaking of fugitive in state, any place within 10.34.020 Uniform act on fresh pursuit Ch. 10.89 PUYALLUP INDIANS Real property right of alienation 64.20.010 effective date 64.20.025 PYRAMID SCHEMES Antipyramid promotional scheme act consumer protection act 19.275.040 definitions 19.275.020 legislative findings 19.275.010 prohibition 19.275.030 PYROTECHNICS (See FIREWORKS) QUALIFICATIONS Judges, supreme and superior courts Const. Art. 4 § 17 Members of legislature Const. Art. 2 § 7 each house to be judge of Const. Art. 2 § 8 Religious, not to be required for public office Const. Art. 1 § 11 State officers Const. Art. 3 § 25 QUALITY ASSURANCE COMMISSIONS (See specific areas of medical or health care practice) QUARANTINE (See also HEALTH AND SAFETY, subtitle Quarantine) Animals, See ANIMAL HEALTH Contagious diseases (2008 Ed.) RADIO crimes relating to 70.05.120 Sexually transmitted diseases 70.24.070 State board of health, powers as to 43.20.050 QUARRIES (See also STONE PLANTS) Sabotage, interference or injury to constitutes sabotage 9.05.060 QUARTZ (See also MINES AND MINING) Mining claims, location 78.08.005 QUIETING TITLE (See EJECTMENT AND QUIETING TITLE) QUILEUTE INDIANS Olympic National Park, jurisdiction retrocession 37.12.150 Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120, 37.12.130, 37.12.140 QUINAULT INDIANS Tribal highway cooperative agreement 47.20.710, 47.20.715, 47.20.720, 47.20.725, 47.20.730, 47.20.735 QUITCLAIM DEEDS Cities and towns, pedestrian malls, acquisition for 35.71.070 Donation on plat 58.08.015 Form and effect 64.04.050 QUO WARRANTO Actions annul or vacate patent, certificate or deed 7.56.140, 7.56.150 damages not claimed in information 7.56.090 recovery of escheats and forfeitures 7.56.120 Answers, required 7.56.050 Appearance of defendants 7.56.050 Associations judgments of ouster or forfeiture 7.56.100 subject to information, when 7.56.010 Attachment collection of costs from corporation 7.56.110 to enforce delivery of books and papers 7.56.080 Books, papers and accounts, delivery by ousted defendant enforcement of order of court 7.56.080 order of courts as to 7.56.070 Certificates, annulment or vacation of 7.56.140, 7.56.150 Corporations costs 7.56.100, 7.56.110 dissolution 7.56.100, 7.56.110 judgments of ouster or forfeiture 7.56.100 persons who may file information concerning 7.56.020 receivership 7.56.110 restraining of 7.56.110 subject to information, when 7.56.010 Costs annulment or vacation of patent, certificate or deed 7.56.150 collection from corporations 7.56.110 information filed by prosecuting attorney 7.56.130 information filed on relation of private person 7.56.130 judgments of ouster or forfeiture 7.56.100 Court of appeals, limitation on jurisdiction 2.06.030 Damages action for 7.56.090 information to show when ground is usurpation of office 7.56.040 right to office contest 7.56.060 Deeds, annulment or vacation of 7.56.140, 7.56.150 Defaults, failure to appear in answer 7.56.050 Dissolution of corporations 7.56.100, 7.56.110 Escheats action to recover property 7.56.120 legal title deemed in state 7.56.120 Execution, collection of costs form corporations 7.56.110 Filing, informations (2008 Ed.) annulment or vacation of patent, certificate or deed 7.56.150 authorized, when 7.56.010 persons who may file 7.56.020 Forfeitures action to recover property 7.56.120 annulment or vacation of patent, certificate or deed because of 7.56.140 annulment or vacation of patent, certification or deed because of 7.56.150 ground for information, when 7.56.010 judgments of 7.56.100 legal title deemed in state 7.56.120 Franchises ground for information, when 7.56.010 judgments of ouster or forfeiture 7.56.100 persons who may file informations concerning 7.56.020 Fraud, annulment or vacation of patent, certificate or deed because of 7.56.140, 7.56.150 Grants, annulment or vacation of 7.56.140, 7.56.150 Imprisonment to enforce delivery of books and papers 7.56.080 Informations annul or vacate patent, certificate or deed 7.56.140, 7.56.150 contents 7.56.030 escheats and forfeitures, recovery of 7.56.120 grounds for filing 7.56.010 persons against whom may be filed 7.56.010 persons who may file 7.56.020 requisites when ground is usurpation of office 7.56.040 Judgments actions to recover escheats and forfeitures 7.56.120 annulment or vacation of patent, certificate or deed 7.56.150 corporations, against 7.56.110 ouster or forfeiture 7.56.100 right to office contest 7.56.060 Jurisdiction superior court Const. Art. 4 § 6 supreme court Const. Art. 4 § 4 Limitation of actions, action for damages 7.56.090 Mistakes, annulment or vacation of patent, certificate or deed because of 7.56.140, 7.56.150 Notices requisites 7.56.050 service and return 7.56.050 Omissions, annulment or vacation of patent, certificate or deed because of 7.56.140, 7.56.150 Orders of court, delivery of books and papers 7.56.070 enforcement 7.56.080 Ouster of defendant from office books and papers enforcement of order to deliver 7.56.080 order to deliver over 7.56.070 judgments 7.56.060, 7.56.100 operation of office 7.56.070 Patents, annulment or vacation of 7.56.140, 7.56.150 Prosecuting attorneys annulment or vacation of patent, certificate or deed 7.56.150 costs, exemption from liability for 7.56.130 escheats and forfeitures, recovery of 7.56.120 information may be filed by, when 7.56.020 information requisites on ground of usurpation of office 7.56.040 judgments against corporations 7.56.110 Public officers judgments of ouster or forfeiture 7.56.100 subject to information, when 7.56.010 Public offices ground for information, when 7.56.010 judgments of ouster or forfeiture 7.56.100 persons who may file information concerning 7.56.020 Receivers on judgment against corporation 7.56.110 Restraining orders against corporations 7.56.110 Return, notices 7.56.050 Service of notices 7.56.050 Signatures, notice 7.56.050 State of Washington, escheats and forfeitures to 7.56.120 Superior courts’ power to issue 2.08.010 original jurisdiction of Const. Art. 4 § 6 Supreme court jurisdiction as to 2.04.010, Const. Art. 4 § 4 Usurpation of office ground for information, when 7.56.010 information requisites 7.56.040 judgments of ouster or forfeiture 7.56.100 QUORUM Bank board of directors removal or prohibiting participation 30.12.044 Cities and towns commission form of government 35.17.180 metropolitan municipal corporations 35.58.130 town council 35.27.280 Civil service for city firefighters commission 41.08.030 County commissioners 36.32.010 Firefighter’s civil service commission 41.08.030 Fish marketing association 24.36.150 Joint operating agencies, board of directors 43.52.370 Legislature majority of each house to constitute, less number may adjourn and compel attendance Const. Art. 2 § 8 Majority of each house to constitute Const. Art. 2 §8 less number may adjourn and compel attendance Const. Art. 2 § 8 Personnel resources board 41.06.110 Port district commission 53.12.246 Statewide city employees’ retirement system board of trustees 41.44.070 Supreme court, majority of judges necessary Const. Art. 4 § 2 RABBIS (See CLERGY) RABBITS (See LIVESTOCK) RACE (See DISCRIMINATION) RACES (See also HORSE RACING) Greyhound racing prohibited 9.46.039 Hydroplane, cities and towns admission charge, authorized 35.21.810 public purpose 35.21.815 RACKETEERING (See also PROFITEERING) Organized crime 9A.82.060 RADIATION (See also NUCLEAR ENERGY AND RADIATION; RADIOACTIVE WASTE STORAGE AND TRANSPORTATION) Mill tailings, licensing, perpetual care, See MILLS, subtitle Uranium and Thorium RADIO Amateur radio operator license plates duties 46.16.350 Amateur radio operators with special license plates availability of list 46.16.340 Amber alerts broadcasting, immunity 4.24.720 Defamatory statements owner or operator liability limited 19.64.010 speaker or sponsor liability 19.64.020 Horse races, rights for 67.16.110 Intercepting private communication 9.73.030 Intercepting private conversation 9.73.040, 9.73.050, 9.73.060, 9.73.080 [RCW Index—page 613] RADIOACTIVE AND HAZARDOUS WASTE, MIXED prohibition, exceptions 9.73.070 Libel owner or operator liability limited 19.64.010 Libel, See also LIBEL AND SLANDER Public broadcast grants 43.63A.400, 43.63A.410, 43.63A.420 Radio communications service company scope of regulation 80.66.010 Radio frequency exposure, survey of literature on health effects 43.70.600 Recordings, unlawful use chapter not applicable to certain nonrecorded broadcast uses 19.25.810 chapter not applicable to recordings intended only for broadcast 19.25.800 Search warrants 10.79.015 Tax on broadcasting 82.04.280, 82.04.440 Telephone buyers’ protection act, exempt 19.130.040 Violence reduction in media, reporting 43.70.560 RADIOACTIVE AND HAZARDOUS WASTE, MIXED Advisory board 70.105E.090 Definitions 70.105E.030 Department of ecology, duties 70.105E.040 Disclosure of costs and cleanup budgets 70.105E.070 Enforcement and appeals 70.105E.100 Naval reactor disposal 70.105E.080 Policy 70.105E.020 Purpose 70.105E.010 Release of radioactive substances 70.105E.050 Unlined trenches, disposal of waste in 70.105E.060 RADIOACTIVE MATERIALS (See NUCLEAR ENERGY AND RADIATION) RADIOACTIVE MATERIALS TRANSPORTATION Committee member appointment 43.146.900 Pacific states agreement 43.146.010 RADIOACTIVE WASTE STORAGE AND TRANSPORTATION (See also NUCLEAR ENERGY AND RADIATION) Attorneys’ fees, allowed 70.99.050 Construction 70.99.900 Damage potential, liability coverage, department of ecology to review 43.200.200 Definitions 70.99.020 Department of social and health services authority 70.105.111 Federal low-level radioactive waste policy amendments of 1985, implementation 43.200.180 Financial assurance, demonstration by transportation and disposal permit holders 43.200.200 suspension of permit for failure to demonstrate 43.200.210 Financial assurance, determination of level of 70.98.098 Financial assurance, noncompliance 70.98.095 Financial assurance, requirements 70.98.095 Finding 70.99.010 Hanford site closure and perpetual care 43.200.190 tank waste treatment, property tax exemption 84.36.590 waste disposal surcharges and penalty surcharges governor may assess, disposition of revenues 43.200.170 Hazardous materials incidents definitions 70.136.020 emergency aid good faith rendering immunity from liability 70.136.050 emergency assistance agreements verbal, notification, form 70.136.070 [RCW Index—page 614] written, terms and conditions, records 70.136.060 incident command agencies assistance from state patrol 70.136.035 designation 70.136.030 emergency assistance agreements 70.136.040 legislative finding 70.136.010 Injunctive relief 70.99.050 Interstate compact for regional storage 70.99.060 Jurisdiction 70.99.050 Liability requirements utilities and transportation commission to notify state control agency of change in coverage 81.80.190 Low-level radioactive waste defined 81.04.010 Low-level radioactive waste disposal sites rate setting commission powers 81.108.030 competitive company, classification as, criteria 81.108.110 complaints, hearing procedure 81.108.080 contract disposal rates, commission approval required 81.108.060 definitions 81.108.020 exemption from regulation absent a monopoly situation 81.108.100 extraordinary volume adjustment 81.108.070 jurisdiction of other state agencies unaffected 81.108.900 legislative purpose 81.108.010 maximum disposal rate initial determination of 81.108.040 revisions to rate, procedure 81.108.050 monopoly situation, determination of existence, criteria 81.108.100 revenue statements, requirements 81.108.090 supervision and regulation fees 81.108.090 Low-level radioactive waste site operating company defined 81.04.010 Nuclear incidents, storage or transportation liability 4.24.450, 4.24.460 Out-of-state waste storage prohibited 70.99.030 transportation prohibited 70.99.040 Permit holder to indemnify and hold state harmless 43.200.210 Ports of entry 46.48.200 Radioactive waste regulation definitions 43.200.015 department of ecology agencies to cooperate with 43.200.030 department of ecology, duties 43.200.020 findings 43.200.010 high-level radioactive waste defined 43.200.015 legislature retains an autonomous role 43.200.020 low-level disposal facility at Hanford site use permits 70.98.085 surveillance fee 70.98.085 low-level radioactive waste defined 43.200.015 perpetual surveillance and maintenance account 43.200.080 powers and duties of director 43.200.080 radioactive waste defined 43.200.015 report to legislature by nuclear waste board 43.200.020 rules 43.200.070 site closure account 43.200.080 spent nuclear fuel defined 43.200.015 Severability 70.99.905 Short title 70.99.910 Site closure fee 43.200.220 Venue 70.99.050 Violations, penalties 70.99.050 Waste disposal surcharges and penalty surcharges governor may assess, disposition of revenues 43.200.170 RADIOLOGIC TECHNOLOGISTS Certification applications 18.84.100 chiropractors, exemption 18.84.160 dentists, exemption 18.84.150 exception 18.84.030 fees 18.84.100, 18.84.123 persons performing within scope of practice, exemption 18.84.140 qualifications 18.84.080 renewal 18.84.110 required 18.84.030 schools and training, approval 18.84.090 Chiropractors employment of x-ray technicians authorized 18.25.180 Definitions 18.84.020 Education materials and training, secretary of health may provide 18.84.130 Health department, authority of secretary 18.84.040 Insurance coverage not mandated 18.84.010 Radiologic technology ad hoc committee immunity from liability 18.84.070 Recordkeeping requirements of secretary of health 18.84.050 Registration chiropractors, exemption 18.84.160 deadline 18.84.170 dentists, exemption 18.84.150 exception 18.84.030 fees 18.84.120, 18.84.123 persons performing within scope of practice, exemption 18.84.140 required 18.84.030 requirements 18.84.120 Uniform disciplinary act, application 18.84.040 Unprofessional conduct 18.84.180 RAFFLES (See also GAMBLING) Authority 9.46.0321 Authority for charitable or nonprofit organizations to conduct 9.46.0315 Defined 9.46.0277 Wildlife hunting raffles 9.46.400 RAFTING (See WHITEWATER RAFTING) RAIL FREIGHT SERVICE (See RAILROADS, subtitle Rail freight service) RAILROADS (See also STREET RAILWAYS; TRANSPORTATION COMPANIES, subtitle Railroads) Amtrak service improvement program 47.82.010 coordination of rail and common carriers 47.82.040 depot upgrading 47.82.020 extension of service activities 47.82.030 Approach warning signs, county roads, regulations 36.86.040 Baggage limitation upon amounts recoverable 81.29.050 Branch lines 81.36.060, 81.36.090 Bridges over navigable streams, authority to construct over 81.36.100 Brush and timber removal 36.86.100 Cabooses drinking water 81.44.085 first aid kits 81.44.085 Canals, crossing or line along 81.36.040 Cars firearms, discharging at train or car 81.60.070 interfering or tampering with 81.60.070 jurisdiction of public offense committed on Const. Art. 1 § 22 streetcars 81.44.040 Cattle guards 81.52.050 Charges, See RAILROADS, subtitle Rates and charges Cities (2008 Ed.) RAILROADS first class 35.22.280, 35.22.340 second class 35.23.430 City transportation authority - monorail Ch. 35.95A Combinations to regulate production or transportation of commodities prohibited Const. Art. 12 § 22 Commuter rail service 81.104.120 Consolidation with other railroad companies Const. Art. 12 § 16 Construction along state highways, franchise for 47.44.010 County rail districts, See also COUNTY RAIL DISTRICTS County roads approach warning signs 36.86.040 brush and timber removal 36.86.100 franchises along 36.55.020 Crimes relating to cars interfering or tampering with 81.60.070 discrimination to deny public accommodations because of race, color, or creed 9.91.010 employees’ duty, violation of endangering life or safety 81.48.060 firearms, discharging at train or car 81.60.070 first aid kits, penalty for not providing 81.44.085 industrial crossings, reporting and inspection, violations 81.54.030 interfering with any part of rolling stock 81.60.080 malicious injury to railroad property 81.60.070 obstructing train or car 81.48.020 receiving stolen property taken from railroad 81.60.080 removing any part of rolling stock 81.60.080 roadbed, interfering or tampering with 81.60.070 sabotage, interfering or injury to transportation constitutes 9.05.060 stealing any part of rolling stock 81.60.080 switches, interfering or tampering with 81.60.070 trains, interfering or tampering with 81.60.070 trestles, interfering or tampering with 81.60.070 Crossings abandonment or vacation laws not affected 81.53.230 abatement of illegal crossings 81.53.190 alteration or change of crossing costs 81.53.130 employment of engineers, etc., expenses of 81.53.250 hearing 81.53.060, 81.53.070 notice of hearing 81.53.060 petition 81.53.060 waiver of hearing 81.53.060 approach warning signs on county roads 36.86.040 authority from commission required for constructing grade crossings 81.53.020 canals 81.36.030 city streets, franchise to cross 35.22.340 costs acquisition of property for crossings 81.53.130 alteration or change of crossings 81.53.130 apportionment 81.53.130 arbitration 81.53.130 highway across railroad, cost apportionment 81.53.110 industrial crossings, cost of inspection 81.54.030 railroad across highway, cost paid by railroad 81.53.100, 81.53.130 railroad across railroad, apportionment of cost between companies 81.53.120 definitions 81.53.010 (2008 Ed.) eminent domain, exercise of in relation to 81.53.180 grade crossing, defined 81.53.010 grade separation required 81.53.020 hearing for alteration of crossings 81.53.060 highway, defined 81.53.010 highway across railroad change of highway route 81.53.040, 81.53.050 cost apportionment 81.53.110 hearings 81.53.030, 81.53.040 order of commission 81.53.030 petition for 81.53.030 illegal crossings, abatement of 81.53.190 industrial crossings definitions 81.54.010 inspection 81.54.020 reporting and inspection, penalty for violations 81.54.030 reporting and inspection costs 81.54.030 reporting and inspection fees 81.54.030 reports to commission 81.54.030 injunction against construction of illegal crossings 81.53.190 intersecting or connecting with other railroads authorized Const. Art. 12 § 13 judicial review 81.53.170 maintenance costs, duties and requirements 81.53.090 mandamus to compel performance of work in accordance with order 81.53.200 notice of hearing for alteration of crossings 81.53.060 obstruction on highways during construction 81.53.220 obstructions on highway right of way responsibilities for clearance divided 47.32.140 signs, signboards and billboards prohibited 47.32.140 over-crossing, defined 81.53.010 penalty for failure to comply with laws or order of commission 81.53.210 performance of work mandamus to compel 81.53.200 time limitations and extensions 81.53.140 petition for alteration of crossing 81.53.060 crossing filing 81.53.030 hearings 81.53.030, 81.53.040 order of commission 81.53.030 crossings required 81.53.030 railroad, defined 81.53.010 railroad across highway 81.53.100 costs paid by railroad 81.53.130 hearing 81.53.030 order of commission 81.53.030 petition for 81.53.030 railroad across railroad 81.53.120 costs, apportionment between companies 81.53.120 hearing 81.53.030 order of commission 81.53.030 petition for 81.53.030 railroad company, defined 81.53.010 railroads crossing state highways at grade to be posted 47.36.050 procedure upon failure to post 47.36.070 transportation department may erect signs at highway-railroad grade crossing 47.36.080 railroads of other companies 81.36.030 reduction of speed required 46.61.400 rules and regulations as to 81.53.150 service of process and notices 81.53.160 signals and devices installation allocation of funds to cities and towns or counties to defray costs of 81.53.281 appeal 81.53.261 apportionment of costs 81.53.261 costs, apportionment 81.53.261 formulas 81.53.271 federal funding allocation of costs 81.53.295 effect on fund transfers 81.53.281 findings of commission 81.53.261 hearing upon installation 81.53.261 maintenance, costs, apportionment 81.53.271 notice of hearing 81.53.261 petition, contents 81.53.271 petition by cities and towns and counties for funds to defray costs 81.53.271 petition for installation 81.53.261 record of hearing as evidence, exclusion 81.53.261 sawbuck signs 81.53.030 stop at crossings with other railroads required, exceptions 81.48.050 structures or equipment near crossings, restrictions 81.53.080 traffic control devices during construction, repair, etc. of required 81.53.400 rules 81.53.420 standards and conditions 81.53.410 under-crossing, defined 81.53.010 waiver of hearing for alteration of crossings 81.53.060 Defined common carriers Const. Art. 12 § 13 highway law 47.04.010 motor vehicle law 46.04.440 Delay in receipt and transportation of connecting cars forbidden Const. Art. 12 § 13 Depots, jurisdiction of public offense committed at Const. Art. 1 § 22 Discrimination deny public accommodations because of race, color, or creed, penalty 9.91.010 rates Const. Art. 12 § 15 telegraph companies Const. Art. 12 § 19 Eminent domain authority 81.36.010 county roads, against, relocating expenses 81.36.010 crossings, exercise of eminent domain in relation to 81.53.180 highways, against, relocating expenses 81.36.010 power of 81.36.010 railway right-of-way through canyon, pass, or defile 8.20.140 school lands, against 81.36.010 shorelands, against 81.36.010 state granted lands, against 81.36.010 tidelands, against 81.36.010 university lands, against 81.36.010 warehouses and elevators, limitation as to railroad property 22.16.040 Employees apparel, purchase of as condition of employment prohibited, penalty 81.40.060 duty, violation of endangering life or safety, penalty 81.48.060 flagmen, English, must be able to read and write 81.40.110 industrial insurance, applicability 51.12.080 medical examination and records definitions 81.40.130 requiring employee or applicant to pay cost of prohibited, penalty 81.40.130 sanitation and shelter rules and regulations as to 81.40.095 shelters must be provided, penalty 81.40.080 train crews limitation on state regulatory agency interfering with 81.40.035 safety review 81.40.010 staffing requirements 81.40.010 Engineers violation of duty endangering life or safety, penalty 81.48.060 [RCW Index—page 615] RAILROADS Equipment and facilities defective condemnation 81.44.070 improvement in, commission may order 81.44.010 inspections and reports as to 81.44.070 switches and guard rails, adjustment so persons will not be caught in 81.44.130 unsafe or defective, correction, reduction in speed or suspension of trains may be ordered 81.44.020 Excursion and commutation tickets may be granted Const. Art. 12 § 15 Express companies to be allowed equal terms Const. Art. 12 § 21 Extensions 81.36.060, 81.36.090 Federal funds transportation department authorized to secure via agreements 47.04.170 Fences cattle guards 81.52.050 duty to construct and maintain 81.52.050 Filings branch lines 81.36.060 extension of lines 81.36.060 First class cities, franchises to cross city streets, conditions for 35.22.340 Flagmen, English, must be able to read and write 81.40.110 Foreign railroads, connection with at state line authorized Const. Art. 12 § 13 Forest products fire protection, See FORESTS AND FOREST PRODUCTS, subtitle Fire protection Franchises to construct along state highways 47.44.010 Freight, See RAILROADS, subtitle Shippers Freight mobility strategic investment program and board Ch. 47.06A Freight rail services essential rail assistance account 47.76.250 essential rail banking account, merge with essential rail assistance account 47.76.270 federal rail policies, monitoring by department of transportation 47.76.350 planning and technical assistance duties, department of transportation 47.76.230 rate, service, and safety, utilities and transportation commission duties 47.76.230 state rail freight program 47.76.210 statewide transportation planning Ch. 47.06 Grade changes 81.36.050 Gross operating revenue fee, exemption 81.24.010 Guard rails, adjusting so feet will not be caught in 81.44.130 High capacity transportation account 47.78.010 High capacity transportation systems commuter rail service 81.104.120 High-speed ground transportation program Ch. 47.79 Highway-railroad grade crossings cost apportionment 81.53.110 exceptions 46.61.350 hearings 81.53.030, 81.53.040 limitation on contribution by state and political subdivision 81.53.275 petition for 81.53.030 private carrier bus to stop at 46.61.350 reduced speed at 46.61.400 stopping, when required 46.61.340, 46.61.345, 46.61.350 Improvements, negligence in, public policy against agreement to indemnify for 4.24.115 Industrial insurance, applicability 51.12.080 Intersections canals 81.36.030 railroads, of other companies 81.36.030 Irrigation canals and ditches, authority to construct 81.36.130 Irrigation company securities, authority to own 81.36.120 [RCW Index—page 616] Jurisdiction of public offense committed on Const. Art. 1 § 22 King Street station acquisition 47.79.120 findings 47.79.110 multimodal terminal 47.79.140, 47.79.150 transportation department, powers and duties 47.79.130 Labor liens, See LIENS, subtitle Franchises, earnings, property of certain companies Liability of policemen, unlawful acts of 81.60.060 Liens freight, transportation, storage Ch. 60.60 laborers for railroad company, lien on franchise, earnings, property Ch. 60.32 livestock care and feeding Ch. 60.60 Lights or signals tampering with prohibited, penalty 88.08.020 Livestock cattle guards 81.52.050 cruelty in transit, penalty 81.48.070 fences 81.52.050 liability for injury to 81.52.060 prima facie negligence if inadequate fence or cattle guard 81.52.070 Location of 81.36.050 Locomotives first aid kits, penalty for violation 81.44.085 Logging engines, lien for services 60.24.020 Milwaukee road corridor cross-state trail 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130 cross-state trail, See TRAILS management control 79A.05.315, 79A.05.320, 79A.05.325, 79A.05.330 Nonprofit charitable organizations gross operating revenue fee, exemption 81.24.010 Obstructing train or car, penalty 81.48.020 Out-of-state railroad companies, extension of lines into state 81.36.090 Overpass traffic control devices during construction, repair, etc. of required 81.53.400 rules 81.53.420 standards and conditions 81.53.410 Overpasses and underpasses constructed with federal aid, apportionment of maintenance cost between state and railroad 47.28.150 Passenger rail service intercity service facilities 47.79.050, 47.79.060, 47.79.070 rail passenger plan 47.79.040 statewide transportation planning Ch. 47.06 Passenger-carrying vehicle defined 81.61.010 inspection authorized in enforcing rules and orders 81.61.040 minimum standards for safe maintenance and operation rules and orders, scope 81.61.020 rules and orders adoption 81.61.030 enforceability 81.61.030 hearings, notice of 81.61.030 minimum standards for safe maintenance and operation 81.61.020 scope 81.61.020 safe maintenance and operation, minimum standards rules and orders, scope 81.61.020 Passengers ejecting of, use of force, when lawful 9A.16.020 Passes acceptance and use by public officers unlawful Const. Art. 2 § 39 grant of to public officers prohibited Const. Art. 12 § 20 Police appointment application for by railroad company 81.60.020 authority to appoint 81.60.010 authority, extent of 81.60.040 badge 81.60.050 commission of 81.60.010 liability for unlawful acts of 81.60.060 oath 81.60.030 powers and duties 81.60.040 Port districts, authority to acquire, construct and maintain rail transfer and terminal facilities 53.04.010 Properties, public utility transportation corridors retain character and are suitable for public use 64.04.180 Public lands, right of way over, See PUBLIC LANDS Public utility and transportation corridors declaration of use 64.04.180 defined 64.04.190 Rail fixed guideway system definition 81.104.015 Rail fixed guideway systems safety and security program plan 35.21.228 safety plan, security and emergency preparedness 35A.21.300, 36.01.210, 36.57.120, 36.57A.170 safety program plan and security and emergency preparedness 81.104.115 Rail freight service produce railcar pool definition 47.76.410 findings and intent 47.76.400 funding 47.76.430 management 47.76.440 produce railcar pool account 47.76.450 transportation department authority 47.76.420 Rail freight services eminent domain, exemptions 47.76.330 legislative findings 47.76.200 rent or lease of lands 47.76.310 sale of property at public auction 47.76.320 sale or lease of property for other use, conditions 47.76.290 sale or lease of property for rail service use 47.76.280 state rail plan 47.76.220 transfer of property to governmental entities 47.76.300 Rail services preservation program 47.76.240 Railroad grade crossings, obstructions at, responsibility for clearance 47.32.140 Railroad sign or signal, defined highway law 47.04.010 motor vehicle law 46.04.450 Railroads and transportation commission may be established by legislature Const. Art. 12 § 18 Railway cars, jurisdiction of public offense committed upon Const. Art. 1 § 22 Rates and charges extortion and discrimination in to be prevented Const. Art. 12 § 18 may be established by law Const. Art. 12 § 18 Right of entry authorized 81.36.020 grade or location changes 81.36.050 granted lands, upon 81.36.020 purposes 81.36.020 school lands, upon 81.36.020 university lands, upon 81.36.020 Rights-of-way cessation of use, public transportation corridor 64.04.180 eminent domain by corporation 8.20.140 Rivers and streams, crossing or line along 81.36.040 Rolling stock subject to taxation and execution sale Const. Art. 12 § 17 Sabotage, interference or injury to transportation constitutes 9.05.060 Safety appliances and equipment 81.44.085 (2008 Ed.) REAL ESTATE APPRAISERS drinking water 81.44.085 first aid kits 81.44.085 inspections and reports as to 81.44.070 locomotives 81.44.085 streetcars 81.44.040 switches and guard rails, adjustment so persons will not be caught in 81.44.130 Service of summons on, personal service 4.28.080 Sign, billboards obstructing vision 36.86.100 Signs at railroad-highway grade crossings, duty to erect, type 47.36.050 Speed limits 81.48.030, 81.48.040 Storage of agricultural commodities scales 22.09.850 sidetracks 22.09.850 weighing facilities 22.09.850 Subject to legislative control Const. Art. 12 § 13 Switches, adjusting so feet will not be caught in 81.44.130 Taxation Ch. 84.12, Ch. 84.16 Telecommunications companies penalty for refusing use of right of way to 80.36.050 right of entry upon right of way 80.36.030 right to use right of way 80.36.050 use of rights of way 80.36.040 Telephone and telegraph companies equal privileges extended to Const. Art. 12 § 19 use of rights-of-way Const. Art. 12 § 19 Tickets, excursion and commutation tickets may be granted Const. Art. 12 § 15 Train, defined highway law 47.04.010 motor vehicle law 46.04.630 Train crews limitation on state regulatory agency interfering with 81.40.035 safety review 81.40.010 staffing requirements 81.40.010 Transfer of cars, when shall form connections for Const. Art. 12 § 13 Transportation corridors acquisition, just compensation 64.04.180 retain character on cessation of use 64.04.180 Transportation department authorized to secure federal funds via agreements 47.04.170 University of Washington land agreement 28B.20.332 confirmation, terms 28B.20.330 deed 28B.20.334 easement by deed 28B.20.336 Watercourses, crossing or line along 81.36.040 RAINIER NATIONAL PARK Cession of state jurisdiction to United States 37.08.200 Civil and criminal jurisdiction of state preserved 37.08.200 Taxation, jurisdiction of state 37.08.200 RAINIER SCHOOL (See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers) RANGE AREAS Livestock running at large, control and enforcement Ch. 16.24 Posting of sign on road entering area 16.24.060 Stock restricted areas, designation procedures 16.24.010, 16.24.020, 16.24.030, 16.24.040, 16.24.050 RAPESEED (See AGRICULTURAL MARKETING) RATES AND CHARGES (See also PUBLIC UTILITIES, subtitle Rates and charges; TRANSPORTATION COMPANIES) Cities and towns public utilities, costs, expense, interest 35.41.090 sewerage systems 35.92.020, 35.92.025 (2008 Ed.) solid waste handling systems 35.92.020 transportation systems 35.92.060 water systems 35.92.010, 35.92.025 Common carriers, See TRANSPORTATION COMPANIES, subtitle Common carriers County warrants, fixed by issuing officer 39.56.030 Ferries, privately owned fixing of rates by county commissioners 36.53.080, 36.53.090 posting 36.53.100 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Rates Insurance, See INSURANCE, subtitle Rates Interest, See INTEREST Irrigation districts domestic water services, fixing 87.28.090 electric power services, fixing 87.28.090 Legal notices in newspapers, rates 65.16.091 Local improvement districts, assessments 35.44.040 Privately owned ferries, regulation 36.53.080, 36.53.090 Sewer systems charges, construction costs notice, recording 65.08.170 payment, release 65.08.170 Storm water control facilities public property subject to 36.89.085, 36.94.145 public property subject to rates and charges 35.67.025, 35.92.021 Telegraph companies, See PUBLIC UTILITIES, subtitle Telegraph companies Telephone companies, See PUBLIC UTILITIES, subtitle Telephone companies Transportation companies, See TRANSPORTATION COMPANIES, subtitle Rates and charges Utilities and transportation commission, See UTILITIES AND TRANSPORTATION COMMISSION, subtitle Rates and charges Water systems charges, construction costs notice, recording 65.08.170 payment, release 65.08.170 RATIFICATION Constitutional amendments Const. Art. 23 § 1 RATING ORGANIZATIONS Insurance, See INSURANCE, subtitle Rating organizations RATITES (See POULTRY) READING (See LITERACY; SCHOOLS AND SCHOOL DISTRICTS) REAL ESTATE (See also REAL PROPERTY) Commercial real estate broker lien act Ch. 60.42 Commissioners to convey real estate, See REAL ESTATE, COMMISSIONERS TO CONVEY Discrimination, unfair practices civil action in lieu of hearing 49.60.340 enumeration and exception 49.60.222 temporary or preliminary relief 49.60.350 Distressed property conveyances Ch. 61.34 Equity skimming consumer protection act 61.34.040 criminal penalty 61.34.030 definitions 61.34.020 legislative findings 61.34.010 Home inspectors Ch. 18.280 Homeowners’ associations Ch. 64.38 Timeshare regulation, See TIMESHARE REGULATION Vendor’s interest not real property for judgment lien 4.56.190 REAL ESTATE, COMMISSIONERS TO CONVEY Appointment 6.28.010, 6.28.080 Conveyance approval of court necessary 6.28.050 deed contents 6.28.020 execution 6.28.060 pursuant to judgment 6.28.030 pursuant to order of sale 6.28.040 recording 6.28.070 REAL ESTATE APPRAISERS Certification applications, original and renewal 18.140.060 attorney general, duties 18.140.190 categories 18.140.070 definitions 18.140.010 disciplinary actions, grounds 18.140.160 education requirements 18.140.080 examination requirements 18.140.100 experience requirements 18.140.090 expiration and renewal 18.140.130 group certificates prohibited 18.140.150 immunity of director, board, and individuals in the course of duties 18.140.040 nonresident applicants, consent for service of process 18.140.110 reciprocity 18.140.120 required use of certificate number 18.140.140 restricted use of "state-certified real estate appraiser" 18.140.150 suspension for noncompliance with support order 18.140.202 suspension for nonpayment or default on educational loan or scholarship 18.140.200 temporary 18.140.155 use of title reserved for authorized person 18.140.020 violations acting without certificate, penalty 18.140.220 investigation 18.140.170 Fees 18.140.050 Licensing, department of powers and duties of director 18.140.030 Licensure applications, original and renewal 18.140.060 attorney general, duties 18.140.190 definitions 18.140.010 disciplinary actions, grounds 18.140.160 education requirements 18.140.080 examination requirements 18.140.100 experience requirements 18.140.090 expiration and renewal 18.140.130 group licenses prohibited 18.140.150 immunity of director, board, and individuals in the course of duties 18.140.040 licensed real estate appraiser 18.140.070 nonresident applicants, consent for service of process 18.140.110 reciprocity 18.140.120 required use of license number 18.140.140 restricted use of "state-licensed real estate appraiser" 18.140.150 suspension for noncompliance with support order 18.140.202 suspension for nonpayment or default on educational loan or scholarship 18.140.200 temporary 18.140.155 use of title reserved for authorized person 18.140.020 violations acting without license, penalty 18.140.220 investigation 18.140.170 Real estate appraiser commission account 18.140.260 compensation 18.140.250 duties and responsibilities 18.140.240 membership 18.140.230 Registration, trainee acting without registration, penalty 18.140.220 applications, original and renewal 18.140.060 categories 18.140.070 disciplinary actions, grounds 18.140.160 expiration and renewal 18.140.130 issuance 18.140.280 nonresident applicants 18.140.110 [RCW Index—page 617] REAL ESTATE BROKERS AND SALESPERSONS registration number, required use of 18.140.140 suspension 18.140.200, 18.140.202 use of term 18.140.150 violations 18.140.170 Unemployment compensation 50.04.255 Uniform regulation of business and professions act 18.140.270 Violations procedure 18.140.210 REAL ESTATE BROKERS AND SALESPERSONS Affiliation with firm, termination of 18.85.291 Agreements to employ for sale or purchase must be in writing 19.36.010 Attorney general as legal advisor 18.85.420 Brokerage relationships agency relationship 18.86.020 buyer’s agent, duties 18.86.050 chapter application 18.86.110 compensation of broker 18.86.080 definitions 18.86.010 dual agent duties 18.86.060 duration of agency relationship 18.86.070 duties of licensee 18.86.030 imputed knowledge and notice 18.86.100 liability 18.86.090 pamphlet on law of real estate agency 18.86.120 seller’s agent, duties 18.86.040 violations 18.86.031 Broker’s trust account board grants and loans applications 43.185.074 review of 43.185.076 Business and occupation tax exemption 82.04.390 Business and occupation tax imposed 82.04.255, 82.04.440 Chapter publication and enforcement information, distribution 18.85.051 Commercial real estate brokers lien act county auditor or recorder, duties and fees 60.42.060 court costs, attorneys’ fees, and interest 60.42.010 definitions 60.42.005 deposit made pending resolution of amounts due 60.42.050 disputed claim, hearing 60.42.020 lien on net rental proceeds, order to show cause and hearing 60.42.030 lien upon personal property 60.42.010 notice of claim 60.42.010, 60.42.070 priority of lien claims 60.42.040 waiver of lien rights 60.42.010 Contracts or agreements to employ for sale or purchase must be in writing 19.36.010 Definitions 18.85.011 Designated broker or managing broker authority and duties 18.85.275 Disciplinary action director’s delegation of authority 18.85.370 grounds 18.85.361 hearing, conduct of 18.85.380 order, appeal 18.85.390, 18.85.401 Educational requirements 18.85.141 Enforcement 18.85.430 Examinations preparation and administration 18.85.031 Foreclosure redemption period, sale procedure 6.23.120 Guardianship, limited guardianship, fees, allowance 11.92.125 Highways, acquisition and disposition of property for, sale of real property, listing of available properties authorized 47.12.320 Licenses applications, fees 18.85.171 branch office 18.85.241 broker’s 18.85.101 change of location 18.85.255 [RCW Index—page 618] continuing education 18.85.211 designated broker’s 18.85.121 examinations 18.85.181 exemptions 18.85.151 expiration, renewal 18.85.191 fees 18.85.191, 18.85.451 firms 18.85.091 inactive 18.85.265 managing broker’s 18.85.111 names, restrictions on use 18.85.221 out-of-state licensees, requirements in lieu of licensing 18.85.131 recordkeeping requirements for firms 18.85.231 required 18.85.331 suspension 18.85.341, 18.85.351 town, city, or county employees 18.85.081 Licensing, director of department employees, appointing 18.85.065 interest in any real estate business by director or employees 18.85.075 powers and duties 18.85.041 seal 18.85.045 Probate, fees, allowance of 11.56.265 Professional service corporations Ch. 18.100 Prohibited practices 18.85.053 Real estate commission account, real estate commission 18.85.061 examination duties 18.85.031 home inspector referrals 18.85.035 meetings, frequency 18.85.025 qualifications of members 18.85.021 terms and vacancies 18.85.021 travel expenses and compensation 18.85.025 Real estate education program 18.85.041 account 18.85.321 Sharing commissions 18.85.301 Subordinates, responsibility for conduct of 18.85.201 Transactions and recordkeeping, trust accounts 18.85.285 Trust accounts, distribution of interest 18.85.311 Uniform regulation of business and professions act 18.85.440 Violations, penalty 18.85.411 Washington real estate research account 18.85.461 REAL ESTATE COMMISSION (See REAL ESTATE BROKERS AND SALESPERSONS, subtitle Real estate commission) REAL ESTATE CONTRACTS Distressed property conveyances arbitration not required 61.34.045 consultant duties 61.34.060 consulting transaction requirements 61.34.050 consumer protection act 61.34.040 definitions 61.34.020 home purchaser, prohibited practices 61.34.120 homeowner’s right to cancel 61.34.100, 61.34.110 legislative findings 61.34.010 reconveyance 61.34.080, 61.34.090 waiver of rights 61.34.070 Foreclosure other remedies not limited 61.30.020 Forfeitures acceleration of payments 61.30.090 action to set aside 61.30.140 award of fees or costs, or conditions 61.30.130 conditions 61.30.030 cure of default 61.30.090 definitions 61.30.010 effect of forfeiture 61.30.100 expiration of judicial order 61.30.130 false swearing, penalty, liability 61.30.150 notice requirements 61.30.020, 61.30.040, 61.30.050, 61.30.060, 61.30.070, 61.30.080 other remedies not limited 61.30.020 priority of actions 61.30.160 restrained or enjoined 61.30.110 sale in lieu of 61.30.120 REAL ESTATE TAXES (See TAXES PROPERTY) REAL PARTY IN INTEREST Setoff against 4.32.120 REAL PROPERTY Recording and registration electronic recording Ch. 65.24 REAL PROPERTY (See also REAL ESTATE) Acknowledgment out-of-state certificate 64.08.020 who may take 64.08.010 Acknowledgments deeds, requisites of 64.04.020 foreign, who may take 64.08.040 out-of-state procedure 64.08.020 Actions affecting title in federal court 4.28.325 Actions for injury to child maliciously injuring real property, action against parent, limitation 4.24.190 negligently permitting fire to spread to 4.24.040 venue of actions 4.12.010 Actions for recovery of action to be commenced within ten years, exception 4.16.020 sold by executor or administrator, limitation of actions for 4.16.070 sold by guardian, limitation of actions for 4.16.070 tax deeds, land sold under, limitation on action to recover 4.16.090 trial of issues of fact, by whom tried 4.40.060 venue 2.08.210 Actions on interpleader 4.08.150, 4.08.160 deposit and disclaimer 4.08.170 protection of possession, settlers of public lands 64.12.060 superior court has original jurisdiction to determine title or possession 2.08.010 venue liens on, enforcement of 2.08.210 quieting title 2.08.210 recovery of possession 2.08.210 venue of actions concerning 4.12.010 waste 64.12.010 Adverse possession use of property by recreational users, nonsupportive of 4.24.210 Adverse possession, See also ADVERSE POSSESSION After acquired title, vestment in conveyee 64.04.070 Alien banks, limitations on ownership by 30.42.160 Alien land law, certain titles confirmed 64.16.140 Alien property custodian, notice to of actions affecting 4.28.330, 4.28.340, 4.28.350 Alienation by Puyallup Indians 64.20.010 Alien’s rights and interests in property same as native citizen 64.16.005 Appraisals, See APPRAISERS AND APPRAISALS Attachments judgment to convey enforced by 6.28.080 Attorneys’ fees, action for waste 64.12.020 Banks and trust companies, powers as to purchase and conveyance of real property 30.04.210 Blighted property, See CONDEMNATION, subtitle Blighted property Bonds, injunction to prevent waste 64.12.050 Boundaries lost or uncertain boundaries action to establish 58.04.020 (2008 Ed.) REAL PROPERTY alternative procedures to fix 58.04.001 apportionment of costs to establish 58.04.040 commission to survey and report to court 58.04.030 costs of action to establish 58.04.040 court order establishing 58.04.020 dispute over location of point or line, resolution procedures 58.04.007 mediation to resolve 58.04.020 proceedings to establish 58.04.040 surveyor’s authorization to enter land or waters to resolve dispute 58.04.011 surveyor, definition 58.04.003 Brokers’ fees, authorized guardianship, limited guardianship 11.92.125 probate 11.56.265 Certificate of acknowledgment content 64.08.050 effect as evidence 64.08.050 form for corporation 64.08.070 form for individual 64.08.060 Certificate on out-of-state acknowledgments 64.08.020 Certified copies affecting effect of recording 65.08.110 separate parcels situated in different counties, recording 65.08.110 where recorded 65.08.100 Cities and towns community renewal areas 35.81.090, 35.81.095 first class cities, power to deal with 35.22.280 off-street parking facilities, acquisition and disposal 35.86.030 parking facilities, conveyance of land for in cities over 300,000, authorized 35.87.010 second class cities, powers to acquire, control, and dispose of 35.23.452 streets and alleys, abutting on salt or fresh water, limitation on vacation of 35.79.035 Cloud on title, removal by court 65.12.040 Commercial real estate broker lien act Ch. 60.42 Commissioners to convey appointment of 6.28.010, 6.28.080 approval of court necessary 6.28.050 deed content 6.28.020 execution of conveyance 6.28.060 pursuant to judgment 6.28.030 order of sale 6.28.040 recording 6.28.070 Commissioners to convey real estate, See REAL ESTATE, COMMISSIONERS TO CONVEY Community property control and management 26.16.030 deed, joinder of spouse 26.16.030 deeds and conveyances between husband and wife 26.16.050 execution sales 26.16.040 liens 26.16.040 purchaser’s title and rights 26.16.095, 26.16.100 recording claim to by husband or wife 26.16.100 removal as cloud 26.16.110 sale or encumbrance 26.16.030 subject to probate administration 11.02.070 Condemnation, See EMINENT DOMAIN Conditional sales contracts for purchase of real property by cities and towns, metropolitan park districts, counties, and library districts authorized, indebtedness limitations 39.30.010 Condominiums, See CONDOMINIUMS Construction defect disputes multiunit residential buildings Ch. 64.55 Construction liens acts of coercion 60.04.035 application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992 60.04.904 (2008 Ed.) application of proceeds 60.04.181 assignment of lien 60.04.121 attorneys’ fees 60.04.181 bond in lieu of claim 60.04.161 claim of lien community interest, effect on 60.04.211 designation of amount due on each piece of property 60.04.131 recording of notice of, time limits, and contents 60.04.091 recording of notice of claim, requirements and fee 60.04.111 separate residential units, time for filing against 60.04.101 contractor registration required to establish lien liens 60.04.041 definitions 60.04.011 duration of lien, procedural limitations 60.04.141 financial encumbrances, priorities 60.04.226 foreclosure of liens, parties and procedure 60.04.171 frivolous claims, procedure to seek dismissal 60.04.081 lenders, notice to 60.04.221 lien authorized 60.04.021 material exempt from process 60.04.201 notice of right to claim lien, requirements and exceptions 60.04.031 personal action on debt preserved 60.04.191 prime contractor, duty to make information available to suppliers, subcontractors, or professionals 60.04.261 priority of liens 60.04.061 promissory note, effect on taking 60.04.191 property subject to lien 60.04.051 rank of lien 60.04.181 release of lien rights 60.04.071 rights of owner, recovery options 60.04.151 withholding of funds 60.04.221 Contaminated properties decontamination, disposal, or demolition of certification, conditions 64.44.060 city or county action, options 64.44.040 decontamination account 64.44.060 decontamination by owner 64.44.050 definitions 64.44.010 immunity from civil liability 64.44.080 local health officer, duties 64.44.020 report to local health officer 64.44.020 rules and standards 64.44.070 unfit for use order, issuance procedure 64.44.030 vehicle and vessel titles 64.44.045 Contracts to convey by deceased vendor, performance of decedent’s contracts 11.60.010 Contracts to purchase action to recover purchase money 4.08.100 specific performance 4.08.100 Controlled substances seizure and forfeiture for violations 69.50.505 Conversion to money, attachment ground, when 6.25.030 Conveyances acknowledgments certification and taking of 2.28.080, 2.28.090, 2.32.050, 64.08.010, 64.08.020, 64.08.040 evidence, certificate as 64.08.050 forms 64.08.060, 64.08.070 requisite for deed 64.04.020 community property 26.16.050 between husband and wife 26.16.050 joinder of spouse 26.16.030 power of attorney to spouse or third person 26.16.090 purchaser’s title and rights 26.16.095, 26.16.100 recording of claim by husband or wife 26.16.100 removal as cloud 26.16.110 conservation, preservation purposes, public bodies 64.04.130 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 earnest money deposit forfeiture 64.04.005 judgments compelling conveyance 6.28.080 limitation on action to cancel tax deed 4.16.090 liquidated damages 64.04.005 necessity of deed 64.04.010 performance of decedent’s contracts 11.60.010 private seals, addition to written instrument, effect 64.04.090 property by deceased vendor, sale and conveyance 11.56.020 recording certified copies of, effect 65.08.100, 65.08.110 contracts to sell or purchase 65.08.050 effect of failure to record 65.08.070 error by recording officer, liability 65.08.140 fee title by public bodies 65.08.095 irregular instrument, imparts notice 65.08.030 when deemed 65.08.070 where recorded 65.08.070 school districts 28A.335.090 school districts, by surplus school property 28A.335.050 technical words of inheritance, creation of fee simple estate 64.04.060 without title, later acquisition, effect 64.04.070 Conveyances, See also REAL PROPERTY, subtitle Deeds fraudulent, See FRAUDULENT CONVEYANCES Corporate, subject to eminent domain Const. Art. 12 § 10 Corrections, department of inventory of unneeded property suitable for affordable housing 72.09.055 Counties acquisition outside counties, county roads and bridges 36.75.230 land surveys 36.32.370, 36.32.380 Covenants bargain and sale deed, implied 64.04.040 free from encumbrances 64.04.030 housing finance commission, powers 43.180.080 quiet possession 64.04.030 right of conveyance 64.04.030 warranty deed 64.04.030 Damages caused by removal, waste, or injury, liability 4.24.630 Damages to, See REAL PROPERTY, subtitle Injury to Dedications, See PLATS AND PLATTING, subtitle Subdivisions Deeds acknowledgments court commissioners’ power to take 2.24.040 evidence, certificate as 64.08.050 foreign 64.08.040 forms 64.08.060, 64.08.070 homesteads 6.13.060 out-of-state 64.08.020 required for validity 64.04.020 who may take 64.08.010 after-acquired title follows 64.04.070 bargain and sale form and effect 64.04.040 implied covenants 64.04.040 commissioners to convey real estate, deed given by 6.28.020 community property between husband and wife 26.16.050 joinder of spouse 26.16.030 power of attorney to spouse or third person, deed executed 26.16.090 [RCW Index—page 619] REAL PROPERTY purchaser’s title and rights 26.16.095, 26.16.100 recording of claim by husband or wife 26.16.100 removal as cloud 26.16.110 recording wife’s interest 65.04.030 contracts to convey real property by deceased vendor, order reciting authority appearing in deed 11.60.040 conveyances 64.04.040, 64.04.050 contract to sell or convey, recording 65.08.050 deeds, necessity of 64.04.010 warranty deeds, covenants 64.04.030 copies of record as evidence 5.44.060, 5.44.070 county roads and bridges, freehold petitioners securing 36.81.030 court order or judgment, commissioners to convey real estate to compel compliance 6.28.080 department of transportation property, sale authorized 47.56.254 ejectment and quieting title actions, appointment of trustee for making or canceling deeds 7.28.010 execution, sale upon fee of sheriff 36.18.040 purchaser entitled to sheriff’s deed 6.21.120, 6.23.060 redemption from, sheriff’s deed 6.23.060 forms acknowledgments 64.08.060, 64.08.070 bargain and sale deeds 64.04.040 quitclaim deeds 64.04.050 warranty deeds 64.04.030 homesteads acknowledgment required 6.13.060 execution 6.13.060 incorporated towns on United States land 58.28.120 prima facie evidence of correctness of formalities 58.28.180 Indians, sale of land or materials, authorization 64.20.030 judicial sales redemption from, sheriff’s deed 6.23.060 sheriff to execute and deliver 6.21.120 liens on franchises, earnings, property of certain companies, precedence of deed as to 60.32.010 municipal local improvement assessments foreclosure procedure 35.50.270 necessity of deed for conveyance 64.04.010 powers of appointment, when releasable 11.95.010 proof of, court commissioners’ power to take 2.24.040 public lands, See PUBLIC LANDS, subtitle Deeds quitclaim, cities and towns, pedestrian malls, acquisition for 35.71.070 donation on plat 58.08.015 form and effect 64.04.050 quo warranto proceedings, annulment or vacation of deed 7.56.140, 7.56.150 recording or filing of certified copies, recording, effect 65.08.100, 65.08.110 duty of county auditor 65.04.030, 65.08.150 error by recording officer, liability 65.08.140 failure to record, effect 65.08.070 irregular instruments, imparts notice 65.08.030 required, when and where 65.08.070 redemption from execution sale authorized, when 6.23.060 requisites 64.04.020 tax deeds irrigation districts, See IRRIGATION DISTRICTS, subtitle Property limitation of actions to cancel or set aside 4.16.090 [RCW Index—page 620] toll bridges sale of property, execution, delivery of deeds 47.56.255 trust deemed as mortgages 65.12.430 encumbrances of registered land 65.12.420 by reference to master form provisions 65.08.160 unincorporated towns on United States land 58.28.330 validation by special law prohibited Const. Art. 2 § 28 warranty deeds covenants of grantor 64.04.030 form and effect 64.04.030 writing, necessity of 64.04.020 Deeds of trust Ch. 61.24 Defense of, use of force, when lawful 9A.16.020 Defined as to recording act 65.08.060 Deprivation without due process of law prohibited Const. Art. 1 § 3 Descent and distribution defined for purposes of 11.02.005 heirs and devisees right to sue for rents and profits 11.04.250 rights on vesting of title 11.04.250 title vests in immediately 11.04.250, 11.04.290 intestate 11.04.015 Description conflict with United States survey United States survey to prevail 58.20.210 Destruction for insurance, penalty 48.30.220 Discrimination complaint procedure 49.60.230 freedom from, rights enumerated 49.60.030 real estate rights, coercion or threats regarding 49.60.2235 restrictive covenants 49.60.227 unfair practices, blockbusting 49.60.223 unfair practices, enumeration and exception 49.60.222 Distress made on, pleading answer to recovery action 4.36.140 Distressed property conveyances Ch. 61.34 Doctrine of worthier title abolished, exceptions 11.12.185 Donations, marked on plat 58.08.015 Earnest money deposit forfeiture 64.04.005 Easements established by dedication extinguishing or altering 64.04.175 private way of necessity Ch. 8.24 Ejectment and quieting title, see EJECTMENT AND QUIETING TITLE Electronic recording authentication 65.24.020 commission 65.24.040 definitions 65.24.010 global and national commerce act 65.24.050 recording officer 65.24.030 Eminent domain private way of necessity Ch. 8.24 Eminent domain, See also EMINENT DOMAIN Eminent domain by city or town Ch. 8.12 Eminent domain by corporation Ch. 8.20 Eminent domain by county Ch. 8.08 Eminent domain by school districts Ch. 8.16 Eminent domain by state Ch. 8.04 Encumbrance upon necessity for deed 64.04.010 notice to department of social and health services 64.04.210 satisfaction or release, duty of county auditor 65.04.060 Energy conservation measures existing rate or charge for, duty of seller to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners of property, requirements 80.28.065 Entry and detainer, See FORCIBLE ENTRY AND DETAINER; UNLAWFUL ENTRY AND DETAINER Escheats, limitation on actions on 11.08.280 Estate and transfer tax Ch. 83.100 Estate tax apportionment, uniform act Ch. 83.110A Estates fee simple, technical words of inheritance 64.04.060 Estates, See also ESTATES Estates in property doctrine of worthier title abolished, exceptions 11.12.185 rule in Shelley’s case abolished 11.12.180 Eviction from, action for waste, person entitled to reversion 64.12.020 Execution levied on, docket entry 4.64.080 Execution of judgment against affidavit of judgment creditor contents 6.17.100 filing required before issuance of writ 6.17.100 form and contents of writs 6.17.110 property liable to 6.17.090 Execution sale, redemption brokers, listing, sales, proceeds distribution 6.23.120 Executions against, See EXECUTIONS False representation in recording encumbrance to title to real property, penalty 9.38.020 Felonies, seizure and forfeiture of property involved in a felony legislative finding 7.68.300 measures to defeat purposes of act are invalid 7.68.340 procedure 7.68.320 proceeds, distribution of 7.68.330 property subject to 7.68.310 provisions of act are supplemental and do not limit other rights and remedies 7.68.340 Fines in criminal action, lien against real property of defendant 10.64.080 Fire damage to for purposes of insurance 48.30.220 Force, use of, when lawful 9A.16.020 Forcible entry 59.12.010 Forcible entry and detainer, jurisdiction of superior courts as to 2.08.010 Forcible holding of possession 59.12.020 Forfeiture of estate, action for waste, person entitled to reversion 64.12.020 Forfeitures, recovery after, venue of action for 4.24.180 Forms bargain and sale deeds 64.04.040 certificate of acknowledgment corporation 64.08.070 individual 64.08.060 quitclaim deeds 64.04.050 warranty deeds 64.04.030 Fraudulent conveyance or encumbrance of by corporation, penalty 9.24.020 Gambling lessor’s recovery of if premises used for gambling 4.24.080 validity of conveyance as evidence of gambling debt 4.24.090 Governmental action damages due to claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 Graffiti malicious mischief in third degree 9A.48.090 parents’ liability for children’s acts 4.24.190 Guardianship, limited guardianship, sale of estate property brokers’ fees 11.92.125 Harbor area leaseholds, declared to be for assessment purposes 35.44.150 Held in trust, conveyance by certificate 64.04.010 (2008 Ed.) REAL PROPERTY "Hold-harmless" agreements, construction, repair, when against public policy, effect 4.24.115 Home inspectors Ch. 18.280 Homeowners’ associations Ch. 64.38 Homesteads, See HOMESTEADS Horizontal property regimes, See CONDOMINIUMS Housing policy affordable housing advisory board 43.185B.020 duties 43.185B.030 definitions 43.185B.010 goal 43.185B.007 housing advisory plan preparation and reporting requirements 43.185B.040 legislative findings and purpose 43.185B.005 objectives 43.185B.009 Immunity of landowners allowing land to be used for fish or wildlife cooperative project or solid waste cleanup 4.24.210 Improvement claims arising on 4.16.300 limitation on 4.16.310, 4.16.325 negligence related to, agreement to indemnify for, public policy against 4.24.115 Indians, sale of land or materials, authorization 64.20.030 Inheritance, technical words of, fee simple estate 64.04.060 Inheritance tax Ch. 83.100 Injunctions malicious erection of structures on 7.40.030 posting bond 64.12.050 prevention of waste on public land 64.12.050 Injury to Ch. 9A.48 child maliciously injuring, action against parent, limitation 4.24.190 due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 just compensation for property damaged for public use Const. Art. 1 § 16 negligently permitting fire to spread to 4.24.040 venue of actions concerning 4.12.010 Insurance debtor selection, rights 48.30.260 investments amount secured by restricted 48.13.265 offices and buildings 48.13.160 disposal of real property, time limit 48.13.170 valuation of property held by 48.12.190 Insurance, See also INSURANCE, subtitle Property insurance Insurance companies, valuation of property held by 48.12.190 Insurance premium finance company act, exemption 48.56.030 Joint tenancies, generally Ch. 64.28 Judgment liens community property 26.16.040 Judgment liens on commencement of 4.56.200 creation 4.56.190 duration 4.56.190 expiration of 4.56.210 extension of lien prohibited 4.56.210 priority 4.64.020 vendor’s interest under real estate contract not included 4.56.190 Judgment of forfeiture and eviction, when may be sought 64.12.020 Judgments conveyance pursuant to, commissioners to convey 6.28.030 filing with auditor, notice, effect as 65.04.070 Judicial sales, procedures 6.21.110 Judicial sales, See JUDICIAL SALES, subtitle Real property (2008 Ed.) Jurisdiction district court procedure when title in dispute, certification of transcript to superior court 12.20.070 ownership or use of property in state submits person to state jurisdiction 4.28.185 superior courts’ original jurisdiction 2.08.010, Const. Art. 4 § 6 Letters patent, recording 65.08.090 Liability for damages caused by removal, waste, or injury 4.24.630 Licenses changes in categories, effect 18.85.481 Liens boundaries, suits to establish, costs 58.04.040 notice of entry of verdict as 4.64.020 priority of judgment liens 4.64.020 unknown claimant, service of process 4.28.150 unrecorded utility charges Ch. 60.80 Liens, See also LIENS judgment liens, See REAL PROPERTY, subtitle Judgment liens on Life estates rule in Shelley’s case abolished 11.12.180 Limitation on ownership by alien banks 30.42.160 Lis pendens actions affecting title to real property 4.28.320 filing notice of as to unknown heirs and claimants 4.28.160 liability of claimants 4.28.328 Malicious destruction of during state of emergency, penalty 43.06.230 Malicious erection of structures upon, injunction 7.40.030 Manufactured home real property act short title 65.20.930 Manufactured homes classification as 65.20.010, 65.20.030 definitions 65.20.020 security interests in perfection 65.20.030 Manufactured homes, See also MANUFACTURED HOUSING Marginal lands, See PORT DISTRICTS, subtitle Marginal lands Master form, deeds of trust or mortgage, recording 65.08.160 Militia adjutant general’s powers 38.12.020 easements over, adjutant general’s powers 38.12.020 lease of, adjutant general’s powers 38.12.020 rental of 38.20.040 Mortgage financing program 43.180.220, 43.180.230, 43.180.240 Mortgage insurance Ch. 61.10 Mortgages foreclosure, venue of actions concerning 4.12.010 master form provisions, recording, recording pursuant 65.08.160 redemption rights lost where property abandoned, sheriff’s sale purchaser to take title free from redemption rights 61.12.093 Mortgages, See also MORTGAGES mixed character, See RECORDING AND FILING, subtitle Mortgages Multiunit residential buildings construction defect disputes Ch. 64.55 Mutual savings banks, investment in 32.20.280 Notice judgments, filing with auditor as 65.04.070 partition decrees, filing with auditor as 65.04.070 Notice, See also RECORDING AND FILING, subtitle Conveyances Nuisances interference with enjoyment of real property is nuisance 7.48.010, 7.48.120 moral nuisances abatement by owner, release of 7.48.068 cancellation of lease, repossession by owner 7.48.085 forfeiture of use 7.48.066 injunction, judgment, release to innocent owners 7.48.078 places declared to be 7.48.052 places of prostitution abatement 7.48.240 injunctions against 7.48.080, 7.48.090, 7.48.110 successive owners liable, when 7.48.170 Occupant denied possession 59.12.020 Outdoor recreation, woodcutters’ use, limitation on liability of landowners to public 4.24.210 Outdoor recreation use, limitation on liability of landowners to public 4.24.200 Ownership limitations on alien banks 30.42.160 Parking facilities, conveyance of land for in cities over 300,000, authorized 35.87.010 Partition, See PARTITION Partition decrees, filing with auditor, notice, effect as 65.04.070 Party in possession turning out with force 59.12.020 Person entitled to reversion, when may seek judgment of forfeiture and eviction 64.12.020 Possession of adverse possession, See ADVERSE POSSESSION venue of actions concerning 4.12.010 Posting 9A.52.010 Powers of appointment lifetime exercise, outright or in trust 11.95.060 partial releases 11.95.020 releases 11.95.010, 11.95.030 testamentary exercise, outright or in trust 11.95.060 Private, not to be taken to pay public debts, exceptions Const. Art. 11 § 13 Private way of necessity Ch. 8.24 Probate administrator cannot convey property unless directory powers in will 11.28.070 contracts to convey real property by deceased vendor, sale and conveyance 11.60.010 exchanges permitted 11.56.005 heirs, defined 11.02.005 net estate, defined 11.02.005 performance of decedent’s contract 11.60.010 possession and management of during probate 11.48.020 principal and income act of 2002 Ch. 11.104A sales of real property, See PROBATE, subtitle Sales of estate property Proof of ownership in criminal prosecution 10.58.060 Protection of, use of force, when lawful 9A.16.020 Public lands injunction to prevent waste 64.12.050 interference with possession, action by settler 64.12.060 settlers right of action 64.12.060 when rights forfeited 64.12.060 unsurveyed, action by occupant 64.12.060 Public lands, See also PUBLIC LANDS Public works programs acquisition policy Ch. 8.26 Purchase money, actions to recover, joinder 4.08.100 Puyallup Indians right of alienation 64.20.010 effective date 64.20.025 Real estate brokerage relationships Ch. 18.86 Real estate brokers and salespersons, licensing and regulation Ch. 18.85 Real estate research center 18.85.471 Real estate sales excise tax, See REAL ESTATE SALES EXCISE TAX [RCW Index—page 621] REAL PROPERTY MORTGAGES Real estate sales tax imposed Ch. 82.45, Ch. 82.46 Receivers Ch. 7.60 Reciprocal insurers authority to engage in transactions affecting title to real property 48.10.055 Recording and registration, See also RECORDING AND FILING; REGISTRATION OF LAND TITLES Recovery of action to be commenced within ten years, exception 4.16.020 sold by executor or administrator, limitation of actions for 4.16.070 guardian, limitation of actions for 4.16.070 tax deeds, land sold under, limitation on action to recover 4.16.090 trial of issues of fact, by whom tried 4.40.060 Recreational, woodcutters’ use, limitation on liability of land owners to public 4.24.210 Recreational use, limitation on liability of land owners to public 4.24.200 Registered land eminent domain 65.12.400 partition of 65.12.400 Relocation assistance persons displaced by public works programs Ch. 8.26 Rental, See LANDLORD AND TENANT Rents and profits limitation of actions on 4.16.040 right to sue for by heirs and devisees 11.04.250 Reservation for school or municipal purposes, incorporated towns on United States land 58.28.170 Residences energy code Ch. 19.27A mortgage insurance Ch. 61.10 state building code Ch. 19.27 Residential mortgage loan closing valuation disclosure requirements Ch. 19.149 Residential real property sales, seller’s disclosures required Ch. 64.06 Restrictions applicable to property, statement request and contents 36.70.317 Restrictions on property, statement available to property owners 35.21.475, 35A.21.280 Restrictive covenants declaratory actions 49.60.227 Right of entry land, unimproved, unused, unfenced 9A.52.010 Rights of heirs on vesting of title 11.04.250 Rule in Shelley’s case abolished 11.12.180 Sales, See REAL PROPERTY, subtitle Deeds Sales of residential property, seller’s disclosures additional information after delivery of statement, duties and options 64.06.040 buyer’s options 64.06.030 buyer’s rights or remedies 64.06.070 consumer protection act not applicable 64.06.060 definitions 64.06.005 delivery of disclosure statement 64.06.030 disclosure statement format 64.06.015, 64.06.020 duty of seller 64.06.015, 64.06.020 error, inaccuracy, or omission in disclosure statement, liability 64.06.050 exceptions 64.06.010 farm, proximity to 64.06.022 sex offenders, notice regarding 64.06.021 time frame 64.06.030 utility charges, disclosure and satisfaction Ch. 60.80 School districts buildings and plants, generally, See SCHOOLS AND SCHOOL DISTRICTS management and control 28A.335.090, 28A.335.120 sale [RCW Index—page 622] proceeds, use of 28A.335.130 surplus school property rental, lease or use of 28A.335.040, 28A.335.050, 28A.335.060, 28A.335.070 Seals corporate, absence from instrument, effect 64.04.105 private addition to written instrument, effect 64.04.090 validation of instrument executed without 64.04.100 Separate property of either spouse, personal exemption, as 6.15.040 Sequestration, judgment to convey enforced by 6.28.080 Service of process by publication, when 4.28.100 Shoreline management act Ch. 90.58 Solar easements authorized 64.04.140 definitions 64.04.150 interference with, remedies attorneys’ fees 64.04.170 damages 64.04.170 injunction 64.04.170 written agreement, requirement 64.04.160 State of emergency, malicious destruction of property during, penalty 43.06.230 Subdivisions, See PLATS AND PLATTING, subtitle Subdivisions Superior court, original jurisdiction of 2.08.010, Const. Art. 4 § 6 Supplemental proceedings adjudication of title 6.32.270 injunctions against transfer 6.32.120 jury trial, when 6.32.270 Survey monuments disturbing monument, penalty and liability for cost of reestablishment 58.04.015 Taking for private use prohibited, exception Const. Art. 1 § 16 Tax deed, limitation on action to cancel 4.16.090 Tax title acquired by county, municipal local improvement assessments, effect 35.49.150, 35.49.160 Tenant continuation in possession after term 59.12.030 failure to pay rent 59.12.030 gang and gang-related activity, defined 59.18.030 gang-related activity, when deemed unlawful detainer 59.12.030 trespass criminal provision 59.12.030 waste of property 59.12.030 Tideland leases, declared to be real property for assessment purposes 35.44.160 Timeshare regulation, See TIMESHARE REGULATION Title acquired after conveyance, vestment in conveyee 64.04.070 certification of transcript to superior court by district judges 12.20.070 conservation, preservation purposes, public bodies 64.04.130 conveyance to or by aliens 64.16.140 jurisdiction of superior courts to determine 2.08.010, Const. Art. 4 § 6 venue of actions concerning 4.12.010 Title insurance, See INSURANCE, subtitle Title insurers Title vests immediately in heirs and devisees 11.04.250, 11.04.290 Trees, injury to or removal, damages 64.12.030 Trespass limitation of action for 4.16.080 trees, timber or shrubs damages 64.12.030 mitigating circumstances 64.12.040 Trespass, See also TRESPASS Trustees, powers as to 11.98.070 Unknown heirs and claimants judgment, effect on 4.28.160 suing and serving 4.28.140, 4.28.150 Utility charges satisfaction of unrecorded charges at time of sale Ch. 60.80 Validation, instruments executed without a private seal 64.04.100 Venue of actions concerning 4.12.010 enforcement of liens on 2.08.210 quieting title actions 2.08.210 recovery of possession 2.08.210 Veterans, purchase of by guardian for 73.36.150 View of by jury, procedure 4.44.270 Waste actions for waste Ch. 64.12 attachment, sale of property before judgment 6.25.220 damages, treble damages 64.12.020 ejectment and quieting title, counterclaims for permanent improvements and taxes paid 7.28.180 forcible entry and detainer, when deemed as waste 59.12.030 injunctions, damages for waste on stay of proceedings for recovery of 7.40.200 limitation of action for 4.16.080 partnership interest of decedent, waste by surviving partners 11.64.016 public land, injunction to prevent 64.12.050 redemption period, during 6.23.100 Waste, See also WASTE Water-sewer districts conveyance to county or park and recreation district for park and recreation purposes 57.08.140 sale of unnecessary property, procedure 57.08.015, 57.08.016 Wills conveyance of property bequeathed, agreement to convey does not revoke will 11.12.060 doctrine of worthier title abolished, exceptions 11.12.185 estate acquired after will made, exception 11.12.190 life estates 11.12.180 rule in Shelley’s case abolished 11.12.180 what passes 11.12.170 REAL PROPERTY MORTGAGES (See MORTGAGES) REAPPORTIONMENT (See also VOTING BOUNDARY COMMISSION) Redistricting Ch. 44.05 REBATING Common carriers, rebating or discounting prohibited, treble damages 81.28.210, 81.28.220 Dentists deemed unprofessional conduct 19.68.020 disclosure of financial interest, list of alternative facilities 19.68.010 excepted practices 19.68.040 license revocation or suspension, grounds 19.68.030 Health care providers, prohibited practices Ch. 19.68 Insurance acceptance by insured, penalty 48.30.170 unfair practices 48.30.140 Physicians and surgeons deemed unprofessional conduct 19.68.020 disclosure of financial interest, list of alternative facilities 19.68.010 excepted practices 19.68.040 license revocation or suspension, grounds 19.68.030 prohibited, penalty 19.68.010 Wages, generally 49.52.050, 49.52.070, 49.52.080 Warehouseman for storage of agricultural commodities, rebating prohibited 22.09.190 (2008 Ed.) RECLAMATION DISTRICTS RECALL Elections, generally Ch. 29A.56 RECEIPTS (See also TRUST RECEIPTS) Cities and towns parking receipts for parking fees 35.86A.070 Common carriers, See COMMON CARRIERS, subtitle Receipts Consumer finance, See CONSUMER FINANCE County officers itemized, when given, penalty for violations 36.18.090 liability for making 36.18.090 Falsification to obtain transportation rates at less than established rates, treble damages 81.28.210, 81.28.220 Installment sales of goods and services, receipt for cash payment 63.14.100 Liens, public works, department of revenue certificate 60.28.020 Partition proceedings delivery of security on sale of property 7.52.420 on purchase by interested party 7.52.390 Public funds to be accounted for Const. Art. 7 § 7 Receivers, recording 65.04.030 Sheriff’s services 36.28.060 Warehouse receipts, See also WAREHOUSE RECEIPTS RECEIVERS AND RECEIVERSHIPS Abandonment of property 7.60.150 Actions by cities and towns to terminate trust, property acquired at local improvement foreclosure proceedings 35.53.070 Actions by or against receiver or affecting property held by 7.60.160 Ancillary receivership 7.60.270 Applicability of chapter 7.60.300 Appointment of receivers 7.60.025 Banks federal deposit insurance company may be appointed as receiver for 30.44.270 receivership prohibited, exception 30.44.100 Bond, receivers 7.60.045 Cities and towns housing authorities, when appointed 35.82.180 indebtedness of liability, disincorporation proceedings Ch. 35.07 Claims interest in 7.60.250 objection to and allowance of 7.60.220 priorities 7.60.230 secured claims against after-acquired property 7.60.240 submission in general receivership 7.60.210 Corporations service of process on, personal service 4.28.080 Court, powers of the 7.60.055 Court orders, effect on nonparties 7.60.190 Creditors and parties, participation in interest in proceeding 7.60.190 Definitions 7.60.005 Disposition of property 7.60.260 Duties of person over whose property receiver is appointed 7.60.080 Eligibility to serve as receiver 7.60.035 Employment and compensation of professionals 7.60.180 Executory contracts and unexpired leases 7.60.130 Federal deposit insurance corporation, appointment as for banks and trust companies 30.44.270 Financing, receivership 7.60.140 Foreclosures, rents and profits, appointment of receiver to protect 7.28.230 Insurance companies insolvent insurers, dispersal of assets, procedure 48.31.185 investments, obligations of receiver 48.13.090 (2008 Ed.) Liens franchises, earnings, property of certain companies, payment priority 60.32.050 Logging liens, receiver and appointment 60.24.130 Mutual savings banks postponement of payment of deposits not grounds for 30.56.030 prohibited, exceptions 32.24.070 Notice to creditors and other parties in interest 7.60.200 Personal liability of receiver 7.60.170 Powers and duties of receiver generally 7.60.060 Probate, partnership interests of decedent, appointment of receiver for, when 11.64.022 Proceedings, automatic stay of certain 7.60.110 Public water systems actions brought by secretary of health 43.70.195 Quo warranto proceedings, receivers on judgment against corporations 7.56.110 Registered land, authority to deal in 65.12.600 Rents and profits, appointment of to protect 7.28.230 Reports, receiver’s 7.60.100 Resignation or removal of receiver 7.60.280 Schedules, inventory, and appraisals 7.60.090 Sheriff appointed as, logging liens 60.24.130 Supplemental proceedings cost payment 6.32.160 disposition of balance 6.32.110 notice of discontinuance or dismissal of proceedings 6.32.150 order requiring delivery of money or personal property 6.32.080, 6.32.100 Termination of receivership 7.60.290 Trust companies federal deposit insurance company may be appointed as receivers for 30.44.270 power to act as receiver 30.08.150 receivership for prohibited, exception 30.44.100 Turnover of property 7.60.070 Types of receivers 7.60.015 Utility service 7.60.120 RECESSES (See ADJOURNMENTS) RECIPROCITY Accountants’ certification 18.04.180 Architects 18.08.400 Attorneys 2.48.190 Auctioneers and auction companies 18.11.100 Charter boats, regulation of boats operating on state waters Ch. 88.04 Chemical dependency professionals 18.205.140 Chiropractic 18.25.040 College and university tuition and fee program 28B.15.730, 28B.15.734 British Columbia 28B.15.756, 28B.15.758 Idaho 28B.15.750, 28B.15.752, 28B.15.754 Oregon 28B.15.732, 28B.15.736 Colleges and universities financial aid 28B.10.790, 28B.10.792 Cosmetologists, barbers, manicurists, and estheticians 18.16.130 Dentists 18.32.215 Dietitians and nutritionists 18.138.050 Disabilities, persons with parking, plates and placards 46.16.390, 46.61.583 Driver license compact 46.21.010 Engineers and land surveyors 18.43.100 Fishing Dungeness crab-coastal fishery licenses for Oregon residents 77.70.340 Funeral directors and embalmers 18.39.130 In-state preference clauses, See PREFERENCES, subtitle In-state preference clauses—Reciprocity Landscape architects 18.96.100 Lawyers 2.48.190 Livestock brand requirements, interstate agreements 16.57.340 Midwifery 18.50.065 Motor vehicle law for hire vehicles, nonresident taxicabs, exemptions 46.72.150 licensing of out-of-state commercial vehicles 46.16.160 Naturopathy 18.36A.120 Nurses 18.79.190 Nursing assistants 18.88A.110 Nursing home administrators 18.52.130 Occupational therapists 18.59.070 Ocularists 18.55.105 Opticians, dispensing 18.34.115 Optometry and optometrists 18.53.035 Osteopathy 18.57.130 Pharmacists 18.64.080 Physical therapists 18.74.060 Physicians 18.71.090 Plumbers 18.106.155 Podiatric physicians and surgeons 18.22.082 Private investigators 18.165.140 Psychologists 18.83.170 Real estate appraisers 18.140.120 Reciprocal or proportional registration of motor vehicles, See MOTOR VEHICLES, subtitle Reciprocal or proportional registration Savings and loan foreign associations 33.32.060 School district students attending school district in another state 28A.225.260 Security guards 18.170.120 Taxation, enforcement by other states 4.24.140 Unclaimed property 63.29.330 Veterinarians 18.92.130 Washington-Oregon, Columbia river and coastal waters personal use fishing license 77.32.410 Water use outside state 90.16.120 RECLAIMED WATER (See WASTEWATER) RECLAMATION (See also IRRIGATION DISTRICTS) Columbia basin project, irrigation and reclamation districts within Ch. 89.12 Counties, lease or conveyance to United States for 36.34.220, 36.34.230, 36.34.240 Federal reclamation areas, state lands within Ch. 89.12 Irrigation districts, See IRRIGATION DISTRICTS Mt. St. Helens, emergency recovery operations from eruption Ch. 89.16 Public use in taking for Const. Art. 1 § 16 Reclamation districts of one million acres or more Ch. 89.30 Rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts State reclamation projects Ch. 89.16 Surface mined area, See MINES AND MINING, subtitle Surface mining Tidelands and other unsurveyed lands, diking district powers 85.05.540, 85.05.550 Yakima enhancement project 43.21A.470 RECLAMATION DISTRICTS Bankruptcy readjustment and relief from debts Ch. 39.64 Bond issues, refunding bonds, bankruptcy readjustment and relief from debts Ch. 39.64 Columbia basin project, irrigation and reclamation districts within Ch. 89.12 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Federal reclamation areas, state lands within Ch. 89.12 Indebtedness, bankruptcy readjustment and relief from debts Ch. 39.64 One million acres or more organization, governance, powers, and funds Ch. 89.30 Reclamation projects of state, contracts with districts Ch. 89.16 Taxing district relief act Ch. 39.64 [RCW Index—page 623] RECOGNIZANCE RECOGNIZANCE (See BAIL AND RECOGNIZANCE) RECORDING, ELECTRONIC Private conversations admissibility of evidence obtained by 9.73.050 attorney general, prosecuting attorney judicial authorization 9.73.040 building owners 9.73.110 law enforcement officers authorization application, requirements 9.73.130 reports by issuing judge 9.73.120 availability of to defense counsel 9.73.100 inventory of authorization procedures 9.73.140 judicial authorization 9.73.090 liability for damages 9.73.060 police, fire, and certain emergency response personnel, exemption 9.73.090 prohibition, exceptions 9.73.030 Real property electronic recording Ch. 65.24 RECORDING AND FILING (See also PUBLIC OFFICERS AND EMPLOYEES, subtitle Disclosure— Campaign financing—Lobbying— Records; REGISTRATION OF LAND TITLES) Abandoned cemetery document, notice and recording 65.04.033 Abstracts prepared from 65.04.140 Actions affecting title to real property in federal court 4.28.325 Assignment of judgment 6.17.030 Assignment of rents perfection of security interest 7.28.230 Attachment affidavits of sureties 6.25.080 bonds 6.25.080 real property copy of writ 6.17.160 description 6.17.160 Banks, See BANKS AND BANKING, subtitle Filings Bonds official, See RECORDING AND FILING, subtitle Official bonds satisfaction or release, auditor, duties of 65.04.060 Certified abstract of judgment, judgment liens commencing on 4.56.200 Certified abstract of record of judgment of justices of the peace, judgment liens commencing on 4.56.200 Certified copies of documents affecting real property 65.08.100, 65.08.110 Certified transcript of docket of justice of the peace, judgment liens commencing on 4.56.200 Charges, municipal water or sewer system construction costs notice 65.08.170 payment and release 65.08.180 Charitable trusts requirements 11.110.060, 11.110.070 Charters, first class cities 35.22.110 Chattel mortgages, See RECORDING AND FILING, subtitle Mortgages Cities and towns claims against charter cities 35.31.020 claims against noncharter cities and towns 35.31.040 noncharter cities and towns, claims 35.31.040 ordinances, vacation of streets and alleys 35.79.030 planning, comprehensive plan 35.63.100 planning commissions, comprehensive plan amendments 35.63.105 towns, claims 35.31.040 City and town ordinances 5.44.080 Claims against charter cities 35.31.020 [RCW Index—page 624] noncharter cities and towns 35.31.040 Clerk of superior court duty as to 2.32.050 Common carriers contracts with other common carriers 81.28.060 rates and charges 81.28.040, 81.28.050, 81.28.060 Common carriers, See also TRANSPORTATION COMPANIES, subtitle Common carriers Community real property instruments relating to wife’s separate property 65.04.030 Complaint with service by publication 4.28.110 Comprehensive plan, counties 36.70.370 Condominiums declarations 64.32.140 instruments affecting property or apartments 64.32.140 Confession of judgment statement in writing 4.60.070 Conveyances certified copies of, recording, effect 65.08.100, 65.08.110 commissioners to convey to real estate 6.28.070 contracts to sell or purchase 65.08.050 defined 65.08.060 duty of county auditor 65.04.030, 65.08.150 effect of failure to record 65.08.070 error by recording officer, liability 65.08.140 irregular instrument, imparts notice 65.08.030 lis pendens, effect on purchaser 4.28.320 required 65.08.070 state or political subdivision conveyance of fee title, recording by grantor at time of delivery required, effect 65.08.095 when deemed recorded 65.08.070 where recorded 65.08.070 Coordinates based on Washington coordinate system 58.20.180 Corporations, See CORPORATIONS, subtitle Filings Cost bill 4.84.090 Costs bond in lieu of separate security for costs 4.84.220 security for costs 4.84.210 standing bond for numerous actions 4.84.220 Counties boundaries, actions to establish decrees 36.05.070 claims against, filing procedure 36.45.010 comprehensive plan 36.70.370 county road budget 36.82.170 county seat removal notice 36.12.070 peddler’s license 36.71.030 planning agencies, annual report 36.70.460 road standards, amendments to 36.86.030 County auditor arrangement of records 65.04.040 delivery after recording 65.04.090 duties 36.22.010 duty to record 65.08.150 report 65.04.030 endorsement of time and place of record 65.04.090 entry in wrong records, liability 65.08.140 fees 36.18.010, 65.04.130 franchises, earnings, property of certain companies, laborers’ lien on 60.32.020 index 65.04.050 judgments, notice, effect as 65.04.070 liability 65.04.110 mining surveys 78.06.020 plats 65.04.050 recording methods 65.04.040 services of sires, filing of statement with auditor, contents 60.52.010 County engineer’s records, county roads and bridges 36.80.040 County road budget 36.82.170 County roads and bridges, franchises on 36.55.080 Court of appeals, fees 2.32.070 Custodian of 65.04.140 Decisions and rulings made outside county where cause pending 2.08.200 Declaratory judgments, bond issue validity 7.25.020 Decrees of superior court actions to establish county boundaries 36.05.070 Deeds, See RECORDING AND FILING, subtitle Conveyances Deeds of trusts 61.24.020 master forms, recording, recording by reference to 65.08.160 Definitions 65.04.015 Diking districts, continuous benefits, certification and filing of additional or supplemental roll of protected property 85.18.070 Disbursement statement 4.84.090 District judges pleadings, filing of 12.08.040 Dockets, justices of the peace, judgment liens commenced on certified transcript 4.56.200 Duty to record 65.08.150 Ejectment and quieting title actions, lis pendens 7.28.260 Elections, See ELECTIONS, subtitle Filings Eminent domain notice requirement, filing of affidavit of unknown owners 4.28.120 Encumbrances duty of county auditor 65.04.030 false representations in recording encumbrance to real property 9.38.020 lis pendens, effect on encumbrances 4.28.320 Error of recording officer, entering in wrong records, liability 65.08.140 Evidence certified copies of recorded plats as evidence 58.10.020 copies of instruments of record as evidence 5.44.060, 5.44.070 Execution of judgment proof of executor or administrator for execution of judgments 6.17.030 proof of representative for execution of judgments 6.17.030 Execution sale redemption, successive 6.23.040 False certification 9A.60.050 False or forged instrument offering for filing or recording, penalty 40.16.030 False representations in recording title or encumbrance to real property 9.38.020 Fees additional fees for certain documents 65.04.048 court of appeals clerks 2.32.070 document preservation surcharge 36.22.170 law library support 27.24.070, 27.24.090 supreme court clerk 2.32.070 Foreign judgments, uniform act authorized, effect 6.36.025 notice of, contents 6.36.035 Form and contents 65.04.045, 65.04.047, 65.04.048 Habeas corpus, in forma pauperis proceedings 7.36.250 Homesteads 6.13.040 claims 65.04.030 declaration of abandonment, nonabandonment 6.13.050 letters patent 65.08.090 petition for homestead alienation where incompetent or disabled spouse or domestic partner 6.13.230 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Filing Industrial loan companies, See INDUSTRIAL LOAN COMPANIES, subtitle Filings (2008 Ed.) RECORDING AND FILING Initiative and referendum, See INITIATIVE AND REFERENDUM, subtitle Filings Instruments offered for record, entries 65.04.080 Insurance companies articles of incorporation domestic insurers 48.06.200 organization of insurers 48.06.040 liquidation proceedings exemption from filing fees 48.31.230 time for filing 48.31.310 policy forms certification and noncertification 48.18.100 rates, See INSURANCE, subtitle Rates rating organizations 48.19.050 Irregular instrument, imparting notice, effect 65.08.030 Judge of superior court, decisions and rulings 2.08.190 heard outside of judges’ district 2.08.200 Judgments abstract of judgment 4.56.200 affecting title or possession of real property, notice of certified copies 65.04.070 assignment of 4.56.090 assignment of judgment, execution in name of assignee 6.17.030 Judicial sales confirmation proceedings 6.21.110 redemption, successive 6.23.040 Land office receipts notice of patent 65.08.050 where recorded 65.08.050 Leases 65.04.030 Letters patent, where recorded 65.08.090 Licenses lists of candidates and questions and answers with director of licensing 43.24.060 Liens attorney’s notice of 60.40.010 chattel 60.08.060 employees, contributions to benefit plans, claim 60.76.020 franchises, earnings, property of certain companies, laborers’ lien on 60.32.020 mechanics’ and materialmen’s, satisfaction or release, auditor, duty of 65.04.060 medical services, claims 60.44.030 orchards and orchard lands, claims 60.16.020 Lis pendens action against unknown heirs and claimants as to real property 4.28.160 actions affecting title to real property 4.28.320 ejectment and quieting title actions 7.28.260 Local improvements and assessments, cities and towns 35.44.070 Logging liens 60.24.075 method, fee 60.24.100 Lost or destroyed records application for replacement of court records lost or destroyed 5.48.030 replacement of court records lost or destroyed 5.48.020 Maps, plans, specifications for construction or repair of highways prior to letting contract 47.28.040 Marriage contracts 65.04.030 Master forms, deeds of trust or mortgages recording instruments by reference 65.08.160 recording master form 65.08.160 Master forms, deeds of trust to master forms 65.08.160 Miniature copy processes, marginal notes 65.04.040 Mining claims, See MINES AND MINING, subtitle Mining claims Mortgages 65.04.030 chattel, See RECORDING AND FILING, subtitle Chattel mortgages recording by reference to master forms 65.08.160 recording of assignment, notice, effect 65.08.120 (2008 Ed.) satisfaction and discharge 61.16.020 satisfaction or release, auditor, duty of 65.04.060 Mutual savings banks, See MUTUAL SAVINGS BANKS, subtitle Filings Name change orders filing and recording 36.22.200 Names to be printed or typewritten 65.04.115 Ne exeat affidavits 7.44.010, 7.44.040 bond for damages and costs 7.44.021 complaints 7.44.020 New or limited access highways, description and plan of 47.28.025, 47.28.026 New trials discovery of grounds after verdict, report of decision 4.76.080 Note of issue 4.44.020 Notes of official reporter in superior court clerk’s office 2.32.200 Notice irregular instrument, effect 65.08.030 judgment affecting real property 65.04.070 land office receipts, when recorded 65.08.050 recording of assignment of mortgage 65.08.120 Nuisances, information on contempt for violation of injunction 7.48.080 Oaths of state officials 43.01.020 Official bonds 65.04.030 county officers’ bonds 42.08.100 county superintendent of schools bond 42.08.100 defective filing, effect 42.08.090 state officers’ bonds 42.08.100 township officers’ bonds 42.08.100 Ordinances of cities and towns 5.44.080 statutes, code or compilation adopted by reference, filing 35.21.180 Partition decrees 65.04.070 Partition proceedings consent to sale of estate for life or years 7.52.310 contract concerning security on sale of property 7.52.420 receipt for delivery of security on sale of property 7.52.420 report of sale 7.52.370 securities taken by clerk on sale of property 7.52.430 Patents 65.04.030 Physicians and surgeons liens for services, recording claims 60.44.030 Planning, cities and towns, comprehensive plan 35.63.100 Planning agencies, counties, annual report 36.70.460 Plats and platting additions to towns, prior to sale of lots 58.08.020 Pleadings complaint 4.28.110 time for district court civil proceeding 12.08.040 district court civil proceedings 12.08.010 Port district contract sales 53.08.092 Port district toll facilities, bonds and notes 53.34.140 Powers of attorney to convey real property 65.08.060, 65.08.070 duty of county auditor 65.04.030 Prejudice of superior court judge or court commissioner, motion and affidavit 4.12.050 Probate contracts to convey real property by deceased vendor, order of court authorizing performance referred to in deed 11.60.040 final report and petition for distribution 11.76.030 wills 11.20.050 Public inspection of deeds, etc., county auditor to provide for 65.04.140 Public utilities, See PUBLIC UTILITIES, subtitle Filings Public works bond of contractor 39.08.010 certificate of contractor as to hourly wage paid 39.12.040 cost accounts and records 39.04.080 estimate of cost 39.04.020 notice of claim against contractor’s bond 39.08.030 plans and specifications 39.04.020, 39.04.040 Quo warranto proceedings, informations annulment or vacation of patent, certificate or deed 7.56.150 authorized, when 7.56.010 persons who may file 7.56.020 Railroads crossing highways, petition for 81.53.030 extension of lines 81.36.060 Real property conveyances, See RECORDING AND FILING, subtitle Conveyances electronic recording Ch. 65.24 registration of land titles, withdrawal from registration 65.12.240 restrictive covenants prohibited 49.60.224 Receiver’s receipts 65.04.030 Recording officer arrangement of records 65.04.040 duty to record 65.08.150 index 65.04.050 recording methods 65.04.040 Records lost or destroyed, order replacing court records lost or destroyed 5.48.030 Redemption, demand for rents, profits and expenses accounting 6.23.090 Report of referee 4.48.070 Revocation of power of attorney, failure to record, effect 65.08.130 Rulings and decisions of superior court judges 2.08.190 Satisfaction of judgment for money only 4.56.100 specific designation required 4.56.100 Savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Filings School districts’ budgets 28A.505.080 Separate property of married women 65.04.030 Service of process by publication, affidavit that defendant cannot be found 4.28.100 Sewer systems charges, construction costs notice 65.08.170 payment and release 65.08.180 Sheriffs’ uniforms, filing of standard uniform description 36.28.170 Small claims in district court 12.40.030 State capitol committee records 43.34.015 State lands, See also RECORDING AND FILING, subtitle Public lands Street and alley dedications, county land for 36.34.300 Stumpage liens 60.24.080 Supreme court, fees 2.32.070 Survey recording generally Ch. 58.09 Survey recording, See also SURVEY RECORDING Tort claims against cities and towns 35.31.020 counties Ch. 36.45 state 4.92.100 Town plats 58.08.010 Transcript of judgment, satisfaction or release, duty of auditor 65.04.060 Transcripts of testimony 2.32.240 Trials note of issue of facts 4.44.020 note of issue of law 4.44.020 notice of trial 4.44.020 Trials, See also RECORDING AND FILING, subtitle New trials [RCW Index—page 625] RECORDING OFFICER Trustees’ accounting 11.106.030 Utilities and transportation commission, See UTILITIES AND TRANSPORTATION COMMISSION, subtitle Filings Verdicts 4.44.460 criminal proceedings, acceptance and recording 10.01.060 Veterans’ guardianship accounting 73.36.100 Vital statistics, See VITAL STATISTICS Water systems charges, construction costs notice 65.08.170 payment and release 65.08.180 Weather modification, notice of intention 43.37.120 Wills 11.20.050 record as evidence 11.20.060 RECORDING OFFICER (See RECORDING AND FILING, subtitle County auditor) RECORDINGS, SOUND AND VIDEO (See TAPES AND RECORDINGS (AUDIO, VISUAL)) RECORDS Criminal process records Ch. 10.96 RECORDS AND DOCUMENTS (See also PUBLIC DISCLOSURE; PUBLIC RECORDS ACT) Adoption files of agency, department, and court confidential, exceptions 26.33.340 records sealed, conditions for inspection 26.33.330 Alcoholics and drug addicts treatment records, confidentiality and authorized disclosure 70.96A.150 Archives and records management training 36.22.175 Authentication by seal, how affixed 5.44.130 Banks, destroying or secreting records, penalty 30.12.100 Births, See VITAL STATISTICS, subtitle Births and birth certificates Burial and interment 70.58.260 Business and public records, photographic copies as evidence Ch. 5.46 Business records as evidence, uniform act Ch. 5.45 Child abuse records disclosure 74.13.500, 74.13.505, 74.13.510, 74.13.515, 74.13.520, 74.13.525 Child support enforcement financial institution data matches 74.20A.370 records access 74.20A.360 Cities and towns, See RECORDS AND DOCUMENTS, subtitle Public Civil rights, copies of instruments restoring civil rights evidence, as 5.44.090 issuance 5.44.090 Clerk of superior court, See CLERKS, subtitle Superior court Confidential release by state agency, procedure Ch. 42.48 Copies by state or local agencies, tax exemption 82.08.02525, 82.12.02525 Copies of business and public records as evidence uniform act 5.46.920 uniform law 5.46.010, 5.46.900, 5.46.910 Counties county commissioners 36.32.140, 36.32.150, 36.32.155, 36.32.160, 36.32.170 joint ferries between 36.54.040 roads and bridges, franchises on 36.55.080 Counties, See also RECORDS AND DOCUMENTS, subtitle Public County and municipal historical records, transfers to depository agency, procedure for 40.14.070 [RCW Index—page 626] destruction or donation of records, procedure for 40.14.070 County auditor defined 65.08.060 duty to keep 65.04.020 motor vehicle records destruction 46.01.270 surcharge for prosecution of mortgage lending fraud deeds of trust 36.22.181 Court records admissible in evidence, when 5.44.010 copies, replacing lost or destroyed records 5.48.051, 5.48.070 hearing 5.48.040 methods 5.48.020 procedure 5.48.030 reproduction 36.23.065 Court records, See also RECORDS AND DOCUMENTS, subtitle Superior courts Criminal identification, See STATE PATROL, subtitle Identification and criminal history section Criminal offender record, photograph, fingerprint, etc. of identification and criminal history section of state patrol 43.43.725 Criminal records child care agencies, departmental investigations, access to 74.15.030 prior conviction, use of in later prosecution 9.94A.637 vacation of record of convictions, conditions 9.94A.640 Criminal records, See also CRIMINAL RECORDS PRIVACY ACT Deaths, See VITAL STATISTICS, subtitle Death certificates Decrees, replacement if lost or destroyed hearing 5.48.040 methods 5.48.020 procedure 5.48.030 Destruction of records motor vehicle records by county auditor 46.01.270 Destruction of records, See also RECORDS AND DOCUMENTS, subtitle Public records, destruction Digital signatures electronic authentication act Ch. 19.34 Document preservation recording surcharge to fund 36.22.170 system modernization, county auditors authorization 36.22.160 Domestic violence, sexual assault, trafficking, or stalking victim address confidentiality program Ch. 40.24 Drivers’ license and identicard data furnished to department of information services, exception 46.20.157 Educational records, dependent children transmittal to department of social and health services 28A.150.510 Educational service district records, maintaining, transfer from prior 28A.310.310 Electronic access to public records accuracy, integrity, and privacy of information 43.105.310 costs and fees 43.105.280 definitions 43.105.260 education in use of technology 43.105.300 government information locator service pilot project 43.105.290 legislative intent 43.105.250 planning and implementation 43.105.270 Electronic messages digital signature authentication and certification authority Ch. 19.34 Electronic signatures certification authority 43.105.320 Employment compensation, employing units 50.12.080 work records, report of delinquency, penalty 50.12.220 work records and reports required 50.12.070 Employment security access Ch. 50.13 confidentiality Ch. 50.13 Evidence telegraphic or electronic communications Ch. 5.52 Evidence, as business records copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 photographic copies of business records as evidence Ch. 40.20 business records as evidence, uniform act 5.45.010, 5.45.020, 5.45.900, 5.45.910, 5.45.920 Execution docket as public record 4.64.060 Federal missing persons act, reports of United States officers and employees as prima facie evidence of death, missing in action, etc. 5.40.030 Financial institutions compliance review information, confidentiality Ch. 7.88 Fireworks, See FIREWORKS First class school districts, where kept, available for public inspection 28A.330.070 Foreign judgments, debt defenses available 5.44.030 evidence of indebtedness, faith accorded to 5.44.020 Gambling, license application, public inspection 9.46.300 Highways, establishment of limited access facilities, record of 47.52.070 Indexing by county auditor 65.04.115 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Records Insurance, See INSURANCE, subtitle Documents; INSURANCE, subtitle Records Insurance commissioner, generally 48.02.120, 48.02.130 Joint operating agencies, board of directors 43.52.370 Judgments lost or destroyed, appeal time extended, when 5.48.050 replacement if lost or destroyed appeal time extended 5.48.050 hearing 5.48.040 methods 5.48.020 procedure 5.48.030 Judicial information, electronic access 2.68.050 Juvenile justice or care agencies records, keeping and release 13.50.010 Juvenile offenders disposition records, provision to schools 13.50.160 Juveniles keeping and release by juvenile agencies, See JUVENILES, subtitle Records, keeping and release by juvenile agencies Legislative hearings and inquiries 44.16.170 Legislative records classification and arrangement 40.14.130 clerk, defined 40.14.120 committee chairman, delivery of records to chief clerk or secretary of senate 40.14.130 confidentiality of bill drafting records 40.14.180 contribution of personal papers 40.14.110 defined 40.14.100 delivery back to chief clerk or secretary of senate 40.14.130 delivery of records to chief clerk or secretary of senate 40.14.130 information and instructions for keeping 40.14.140 recordings of debate 40.14.170 research, use for 40.14.150 rules for access 40.14.160 secretary, defined 40.14.120 (2008 Ed.) RECREATION sound recordings of debate 40.14.170 Licensing, department of negative file from drivers’ licenses and identicards 46.20.118 records, certified copies fees, restrictions, deposit of fees 46.01.250 Liquor control board 66.08.024 Local government public archives and records local government archives account 40.14.024 Local government public archives and records management and protection judgment debtor surcharge to fund 40.14.027 Local records committee 40.14.070 records control program 40.14.070 Meetings declared public, record of minutes 42.32.030 Mental illness records’ maintenance, disclosure, and confidentiality Ch. 71.05 sexual psychopaths 71.06.270 Military, maintained by adjutant general 38.12.020 Mining claims, where recorded 78.08.040 Motor vehicle dealers, record of transactions 46.70.120 Motor vehicle department destruction 46.01.260 Motor vehicle law convictions, findings, records kept 46.52.100 traffic charges records 46.52.101 Mutual savings banks evidence 32.04.070 Name change orders filing and recording 36.22.200 Original, reproduction of records by film or photograph, use as original authorized Ch. 40.20 Outdoor music festival, inspection of by department of revenue 70.108.140 Photographic copies of business and public records as evidence Ch. 5.46, Ch. 40.20 Police reports, See CRIMINAL RECORDS; CRIMINAL RECORDS PRIVACY ACT Preservation of legislative records 40.14.100, 40.14.110, 40.14.120, 40.14.130, 40.14.140, 40.14.150, 40.14.160, 40.14.170, 40.14.180 public records costs incurred in reproducing, payment of 40.10.020 reproduction, storage and safeguarding 40.10.020 transmission of list of essential state records to state archives 40.10.010 state records to state archivist 40.10.010 Probate, replacement of lost or destroyed 5.48.060 Public archives and records management division access to records transferred to 40.14.040 certification of copies of records 40.14.030 duties concerning public records 40.14.020 imaging account 40.14.022 public disclosure 40.14.030 records committee 40.14.050 records officers 40.14.040 transfer of records to 40.14.030, 40.14.040 Asian, preferred terminology 1.20.130 city and town records destruction or donation of, procedure for, retention schedule 40.14.070 historical records, transfer to depositary agency, procedure for 40.14.070 classification 40.14.010 clerks court of appeals 2.32.050 superior courts 2.32.050 supreme court duties 2.32.050 copies of (2008 Ed.) instruments as prima facie evidence, when 5.44.070 public records and documents as evidence 5.44.040 copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910, 5.46.920 county commissioners’ proceedings, transcript of as evidence 5.44.070 county records destruction or donation of, procedure for, retention schedule 40.14.070 historical records, transfer to depositary agency, procedure for 40.14.070 defined 40.14.010 destruction disposal of personal information Ch. 19.215 requirements and procedure 40.14.060 retention schedule 40.14.060 filing or recording false instrument 40.16.030 injury, destruction or removal of, penalty 40.16.010 misappropriation by public officer, penalty 40.16.020 offering false instrument for filing or recording 40.16.030 ordinances evidence, admissibility as, when 5.44.080 recording of 5.44.080 public works plans, specifications and estimates are public records 39.04.100 recorded and filed instruments, copies as evidence 5.44.060, 5.44.070 reproduction, use as original, approval by archivist or state auditor 40.20.020 reproduction by film or photograph, use as original Ch. 40.20 retention schedule 40.14.060 stolen, possession of 9A.56.160 theft of 9A.56.040 transfer to archives 40.14.030, 40.14.040 Public assistance, See PUBLIC ASSISTANCE, subtitle Records Public assistance records disclosure to police officer or immigration official 74.04.062 Public corporations 35.21.759 Public disclosure commission electronic filing of reports 42.17.369, 42.17.3691 web site access to commission documents 42.17.367 Public disclosure documents, public records 42.17.440 Public meetings 42.32.030 Public records, inspection and copying access to campaign reports 42.17.460, 42.17.461, 42.17.463, 42.17.465, 42.17.467, 42.17.469, 42.17.471 policy declaration 42.17.010 Public records act generally Ch. 42.56 Public works, notice of claim against bond 39.08.030 Real property electronic recording Ch. 65.24 Recording of documents definitions 65.04.015 Recordings, unlawful use chapter not applicable to copying of public records 19.25.820 Replacement if lost or destroyed costs 5.48.051, 5.48.070 court records hearings 5.48.040 methods 5.48.020 procedure 5.48.030 probate records 5.48.060 substitution of copy authorized 5.48.010 time for appeal extended 5.48.050 School district special meetings of voters, record of 28A.320.430 State capitol committee, filing 43.34.015 equipment 43.19.1917 finance committee to maintain records administrative and clerical assistance, state treasurer to provide 43.33.030 investment board to maintain 43.33A.090 records, certain, to be kept at capitol Const. Art. 3 § 24 State, See also RECORDS AND DOCUMENTS, subtitle Public State archivist duties 40.14.020 State employees misconduct destruction 41.06.450 application, classified and exempt employees 41.06.460 authorized, when 41.06.455 retention 41.06.450 application, classified and exempt employees 41.06.460 Superior courts custody 36.23.040 destruction 36.23.065 enumeration 36.23.030 records to be kept 36.23.030 reproduction authority 36.23.065 effect 36.23.067 Superior courts, See also RECORDS AND DOCUMENTS, subtitle Court records Support of dependent children, availability of records 74.20.280 Traffic charges, minors, disclosure 46.20.293 Unemployment compensation, compulsory production 50.12.100 Veterans, public records furnished free to 73.36.155 Vital statistics, See VITAL STATISTICS Weather modification licensee 43.37.170 RECOUNT PROCEDURE (See ELECTIONS, subtitle Recount procedure) RECREATION (See also ATHLETICS AND SPORTS; OUTDOOR RECREATION; PARKS AND RECREATION; WINTER RECREATION COMMISSION) Boats and boating boating offense compact Ch. 88.01 regulation Ch. 79A.60 Camping resorts Ch. 19.105 Charter boats, regulation of boats operating on state waters Ch. 88.04 Jet skis, regulation Ch. 79A.60 Marine recreation land duties recreation and conservation funding board Ch. 79A.25 Outdoor recreation account Ch. 79A.25 Parks, use of public lands for state or city purposes Ch. 79A.50 Parks and recreation commission, powers and duties Ch. 79A.05 Personal watercraft, regulation Ch. 79A.60 Public recreational activities licenses and fees authorized 67.12.021 Recreation resource account Ch. 79A.25 Recreational resources and open space recreation and conservation funding board Ch. 79A.25 Scenic river system Ch. 79A.55 Skiing and winter sports conduct standards and responsibility Ch. 79A.45 safe and adequate facilities Ch. 79A.40 Use of land, owner’s liability, limitation 4.24.210 Water recreation facilities adjudicative proceeding, notice 70.90.210 application of chapter, exceptions 70.90.250 civil penalties 70.90.200 criminal penalties 70.90.205 definitions 70.90.110 enforcement 70.90.140 fees 70.90.150 [RCW Index—page 627] RECREATION AND CONSERVATION FUNDING BOARD insurance required 70.90.230 local boards of health, authority 70.90.125 modification or reconstruction of facility, procedure 70.90.160 operating permit 70.90.170 reporting of injury, disease, or death 70.90.190 rules 70.90.120 sales, operating instructions and health caution required 70.90.240 state and local health jurisdictions, liability 70.90.180 Water skiing safety Ch. 79A.60 Waterway marking system 79A.60.500 Whitewater passenger vessels, regulation Ch. 79A.60 RECREATION AND CONSERVATION FUNDING BOARD Agreements, conditions 79A.25.140 Boating activities program 79A.60.670, 79A.60.680, 79A.60.690 Committee of nonhighway road recreationists 46.09.280 Community outdoor athletic fields advisory council and strategic plan 79A.25.800, 79A.25.820, 79A.25.830 Director and personnel, appointment 79A.25.150 Federal programs participation 79A.25.130 Firearms range account 79A.25.210 Firearms range advisory committee, membership and duties 79A.25.220 Guide to public parks and recreation sites 79A.25.170, 79A.25.180 Habitat and recreation lands coordinating group 79A.25.260 Invasive species council account 79A.25.370 advisory and technical committees 79A.25.360 annual report 79A.25.350 creation 79A.25.310 goals 79A.25.330 legislative findings 79A.25.300 membership 79A.25.320 strategic plan 79A.25.340 Marine recreation land duties Ch. 79A.25 Membership, terms, and compensation 79A.25.110 Off-road and nonhighway vehicles (ORV) committee of nonhighway road recreationists 46.09.280 moneys, certain, deposited in outdoor recreation account distributed by 46.09.110 nonhighway and off-road vehicle activities program account 46.09.165 projects, applications for funds, hearing procedure 46.09.240 refunds from motor vehicle fund 46.09.170 statewide plan for distribution of funds 46.09.250 ORV moneys administration and distribution 46.09.240 Plans for land acquisition or improvement, contents and submission 79A.25.120 Recreation facilities, appropriation of state and local improvements revolving account to, outdoor recreation account, administration of 43.83C.040 Recreation trails system, duties 79A.25.160, Ch. 79A.35 Recreational resources and open space duties of committee Ch. 79A.25 Salmon recovery funding, committee’s duties 79A.25.240 Wildlife conservation and outdoor recreation lands acquisition Ch. 79A.15 Yakima river conservation area acquisition, development, operation 79A.05.785 [RCW Index—page 628] RECREATION DISTRICTS Counties Ch. 36.69 RECREATION IMPROVEMENTS Bond issue anticipation notes, pledge, promise, seal 43.83C.080 bondholders remedies 43.83C.090 general obligation bonds appropriation required 43.83C.020 authorized 43.83C.020 conditions 43.83C.070 form 43.83C.070 issuance 43.83C.020 legal investment for public funds 43.83C.110 sale of 43.83C.020 proceeds from administration of 43.83C.040 use of 43.83C.040 terms 43.83C.020, 43.83C.070 legislature may provide additional moneys 43.83C.100 recreation improvements bond redemption fund retirement of bonds 43.83C.090 source of funds 43.83C.090 Declaration 43.83C.010 Definitions 43.83C.050 Referral to electorate 43.83C.060 RECREATION THERAPY Authority, secretary of health 18.230.040 Definitions 18.230.010 Limitation of chapter 18.230.030 Official record 18.230.050 Registration grounds for denial 18.230.060 renewal 18.230.080 required information, fee 18.230.070 requirement 18.230.020 Uniform disciplinary act 18.230.090 RECREATION TRAILS SYSTEM Categories of trails or areas 79A.35.070 Coordination by recreation and conservation funding board 79A.35.060 Definitions 79A.35.010 Department of transportation participation 79A.35.120 Designation 79A.35.030 Guidelines 79A.35.090 Highways definitions 47.30.005 incorporation into highway design 47.30.020 severance or destruction, alternative or reconstruction 47.30.010 IAC, defined 79A.35.010 Interagency cooperation 79A.35.100 Participation by volunteer organizations, limited liability 79A.35.110 Policy statement as to certain state land 79A.35.070 Proposal requirements 79A.35.050 Purpose 79A.35.020 State trails plan 79A.35.040 inventory of existing and potential trail route 79A.35.040 Types of use 79A.35.080 RECREATIONAL VEHICLES (See MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES, RECREATIONAL VEHICLES, AND PARK TRAILERS—SAFETY REQUIREMENTS) RECYCLING (See also OIL RECYCLING; SOLID WASTE MANAGEMENT; TIRE RECYCLING; WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT) Building materials building code council to study changes in code to encourage use 19.27.175 recycled content products, use in state capital construction or improvement projects 39.04.133 use of materials from demolition projects in public works 39.04.135 Cities and towns residential curbside recycling program participation reduced collection rate 35.21.135 Clean Washington center annual work plan 70.95H.030 authority 70.95H.040 business assistance to recycling businesses 70.95H.030 created 70.95H.007 duties and responsibilities 70.95H.030 education to promote processing, manufacturing, and purchase of recycled products 70.95H.030 findings 70.95H.005 funding 70.95H.050 market development defined 70.95H.010 marketing promotions for recycled content products 70.95H.030 purpose 70.95H.010 Collection and transportation of recyclable materials by recycling companies or nonprofit entities application of chapter 81.77 RCW 81.77.140 Compost, See COMPOST PRODUCTS Comprehensive solid waste management plan inclusion in 70.95.110 County purchases recycled materials, preferential purchase of 36.32.245 Definitions 70.95.030 Diversion of recyclable material, penalty 70.95.235 Electronic product recycling Ch. 70.95N Environmental excellence program agreement, effect 70.95.055 Hazardous waste cleanup fees revision to provide waste reduction and recycling incentive 70.105A.035 Legislative intent 70.95.010 Nonrecyclable materials product substitution list 43.19A.070 Official gatherings and sports facilities 70.93.093 Plastic containers definitions 70.95F.010 labeling requirements plastics industry standards 70.95F.020 violations, penalty 70.95F.030 Playground matting made from shredded waste tires consideration in construction and maintenance projects 28A.335.300 Public printer recycled content of paper stock, requirement 43.78.170 Recycled products data base of, department of general administration to develop 43.19A.060 model procurement guidelines 43.19A.070 procurement education program 43.19A.070 product substitution list 43.19A.070 recycled content of paper stock use by public printer 43.78.170 recycled product standards 43.19A.020 state and local government procurement definitions 43.19A.010 local government duties 43.19A.030 preferential purchase policy 43.19A.040 purpose 43.19A.005 requirements Ch. 43.19A strategy for state agencies 43.19A.050 vendors data base of, department of general administration to develop 43.19A.060 Solid waste collection companies curbside recycling reduced rates, customer eligibility for participation in 81.77.190 (2008 Ed.) REFEREES processing and marketing of recyclable materials private recycling businesses, utilization of, requirements 81.77.180 revenue sharing 81.77.185 Solid waste management, See SOLID WASTE MANAGEMENT Source separated materials collection of transportation application of chapter 81.77 RCW 81.77.130 private business involvement in plan development local solid waste advisory committee to examine 70.95.167 Sports facilities and official gatherings 70.93.093 State government purchasing of recycled material definitions, preferences 43.19.538 recycled content products, use in capital construction or improvement projects 39.04.133 recycled paper use, goals 70.95C.110 waste reduction and recycling program 70.95C.110 State parks waste reduction and recycling 79A.05.045 Tires playground construction and maintenance, consideration of matting made from shredded waste tires 28A.335.300 Used oil above-ground collection tanks, standard 70.95I.080 containers 70.95I.040 definitions 70.95I.010 equipment and operating standards for public collection sites 70.95I.030 findings 70.95I.005 local government hazardous waste plan used oil recycling element guidelines 70.95I.030 requirements 70.95I.020 waiver 70.95I.030 local governments hazardous waste plan used oil recycling element requirement 70.105.221 oil sellers education responsibility, penalty 70.95I.040 public education program 70.95I.050, 70.95I.060 statewide collection and rerefining goals 70.95I.030 Vehicles, collection and recycling parking, standing, or stopping on roadway 46.61.560 Waste reduction and recycling awards program development and implementation in public schools 70.95C.120 REDEMPTION Accounts and accounting, rents and profits during redemption period 6.23.090 Cities and towns sewerage system lien foreclosures 35.67.260 Corporate shares, See CORPORATIONS Evidence required 6.23.080 Execution sale, from agricultural lands, rents and profits 6.23.110 amount to be paid 6.23.020 crops 6.23.110 homesteads 6.23.110 judgment debtor redeems, effect 6.23.060 lease, short term sale of is absolute 6.21.080 lien of purchaser, payment of 6.23.020 payment on successive redemption 6.23.070 possession during redemption period 6.23.110 priority to redeem 6.23.070 procedure 6.23.080 redemption, defined 6.23.010 redemption rights lost where relinquishment of ownership rights prior to foreclosure decree, sheriff’s sale purchaser to take title free from redemption rights 61.12.093 (2008 Ed.) rents and profits 6.23.090 unexpired lease 6.23.110 right to redeem 6.23.070 sheriff’s deed authorized, when 6.23.060 successive redemption 6.23.040 time allowed for 6.23.020 value for use and occupation during redemption period 6.23.090 waste during period of conduct not constituting 6.23.100 restraining of 6.23.100 who may redeem 6.23.010 Execution sales, from real estate brokers listing, sales, proceeds distribution 6.23.120 Insurance credit, as 6.23.090 Judicial right to redeem 6.23.070 Judicial sale, from successive redemption 6.23.040 Judicial sales, for notice requirements during redemption period 6.23.030 statements of amount paid 6.23.050 Judicial sales, from agricultural lands, rents and profits 6.23.090, 6.23.110 amount to be paid 6.23.020 authorized, when 6.21.080 homesteads 6.23.110 judgment debtor redeems, effect 6.23.060 lease, short term is absolute sale 6.21.080 lien of purchaser, payment of 6.23.020 payment on successive redemption 6.23.070 possession during redemption period 6.23.110 priority to redeem 6.23.070 procedure 6.23.080 redemption, defined 6.23.010 rents and profits 6.23.090 unexpired lease 6.23.110 sheriff’s deed authorized, when 6.23.060 time allowed for 6.23.020 value for use and occupation during redemption period 6.23.090 waste during period of conduct not constituting 6.23.100 restraining of 6.23.100 who may redeem 6.23.010 Judicial sales, from real estate brokers listing, sales, proceeds distribution 6.23.120 Landlord and tenant possession during redemption period 6.23.110 rents and profits 6.23.090 unexpired lease 6.23.110 use and occupation value 6.23.090 Municipal local improvement assessments, foreclosure sale 35.50.270 Priority 6.23.070 Probate mortgage of estate property to redeem mortgaged estate 11.56.230 mortgaged estate of decedent 11.56.220 Service by publication, when 4.28.100 Statements of amount paid 6.23.050 REDISTRICTING (See also ELECTIONS) Elections, provisions Ch. 29A.76 Washington state redistricting act Ch. 44.05 REENACTMENTS OF CRIMES Disposition of profits 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.250, 7.68.260, 7.68.270, 7.68.280 REFEREES Appointment of 2.24.060, 4.48.030 Attachment, examination of defendant as to his property 6.25.170 Challenges to 4.48.050 Compensation 4.48.100 Contempt power to punish for 4.48.060 Court commissioners, power to act as referee 2.24.040 Decisions conclusions of law, exception to, necessity of 4.80.020 findings of fact, exception to, necessity of 4.80.020 Definition of 2.24.060 Ejectment and quieting title actions, report on counterclaims for permanent improvements and taxes paid 7.28.170 Exceptions noting and filing 4.48.070 stated to 4.80.040 Final written report file with superior court clerk 4.48.110 mail copies to parties 4.48.110 Jury trials may not preside over 4.48.010 waiver of, written 4.48.010 New trials, discovery of ground after report 4.76.080 Notice to clerk of court five days prior to trial 4.48.130 Number 4.48.030 Partition proceedings fees as costs 7.52.480 referees for partition of property appointments 7.52.080 new referees 7.52.100 expenses 7.52.120 fees 7.52.120 reports confirmation 7.52.100 contents 7.52.090 required 7.52.090 setting aside 7.52.100 referees for sale of property appointment 7.52.080 continuance of suit to determine claims 7.52.260 distribution of proceeds of sale and securities 7.52.250 interest in purchase prohibited 7.52.360 judgment liens unsatisfied appointment of referees 7.52.170 duties 7.52.160 existence, ascertaining of 7.52.170 priority 7.52.170 order of confirmation, direction to 7.52.380 order of sale directed to 7.52.130 payment of infant’s share to guardian 7.52.450 proceedings before 7.52.190 report confirmation 7.52.210 contents 7.52.190 exceptions to 7.52.200 security for purchase money 7.52.290 security on sale of property, duties 7.52.420 Powers and duties 2.24.060, 4.48.060 exceptions, notation in minutes by 4.80.040 rulings on admission of evidence, minute entries 4.80.030 Proposed written report findings of fact, conclusions of law, judgment 4.48.110 mail to each party within 20 days 4.48.110 objections and modifications by parties within 10 days after receipt 4.48.110 Qualifications 4.48.040 Reference by consent 4.48.010 without consent 4.48.020 Registration of land titles, examiners of title to act as 65.12.160 Reports of affirming and setting aside by court 4.48.090 conclusions of law, exceptions to, necessity of 4.80.020 contents 4.48.070 evidence filed with report 4.48.070 exceptions to rulings or decisions embodied in, necessity 4.80.020 filing 4.48.070, 4.48.080 [RCW Index—page 629] REFERENDUM findings of fact, exception to, necessity of 4.80.020 inadmissible evidence filed with report 4.48.070 motions on 4.48.080 Review decision in same manner as court decision 4.48.120 Supplemental proceedings adjournments by 6.32.050 appearance before may be required 6.32.010 certification to judge 6.32.040 contempt 6.32.180 examination before authorized 6.32.040 fees 6.32.280 costs, as 6.32.160 jury prohibited, when 6.32.260 oaths 6.32.060 Terminate referral when final report filed 4.48.120 Trial of certain issues of fact, when tried by 4.40.060, 4.40.070 Trial of issue of law, when 4.40.050 Trial procedure 4.48.060 Witnesses, power to compel attendance, prepayment or tender of fees, subsistence and travel allowances 5.56.010 REFERENDUM (See ELECTIONS; INITIATIVE AND REFERENDUM) REFORESTATION (See FORESTS AND FOREST PRODUCTS, subtitle Reforestation) REFORMATORIES (See CORRECTIONAL FACILITIES) REFRIGERATION EQUIPMENT Abandonment where accessible to children, penalty Ch. 9.03 Refrigerants regulated 70.94.970 rules, enforcement provisions, and limitations 70.94.990 unlawful acts 70.94.980 REFUNDING BOND ACT (See BOND ISSUES, subtitle Refunding bond act) REFUNDS Cities and towns, local improvement funds 35.45.090 Insurance cancellations 48.18.300 Motor vehicle license fees and fuel tax 46.68.080 State, fees or payments authorized 43.01.072 limitation 43.01.075 voucher for 43.01.073 warrant for 43.01.074 Unclaimed property 63.29.090 REFUSE COLLECTION TAX (See TAXES SOLID WASTE) REGIONAL FIRE PROTECTION SERVICE AUTHORITIES (See FIRE PROTECTION DISTRICTS, subtitle Regional fire protection service authorities) REGIONAL LIBRARIES (See LIBRARIES) REGIONAL SUPPORT NETWORKS (See MENTAL ILLNESS, subtitle Regional support networks) REGIONAL TRANSIT AUTHORITIES (See PUBLIC TRANSPORTATION SYSTEMS, subtitle Regional transit authorities) REGIONAL TRANSPORTATION INVESTMENT DISTRICTS Account 36.120.200 Alaskan Way viaduct 36.120.210 Ballot measures, submission to voters 36.120.070 Debt and bonding 36.120.130 Definitions 36.120.020 [RCW Index—page 630] Department of transportation, role 36.120.150 Dissolution 36.120.170 Findings 36.120.010 Formation 36.120.080 Governing board 36.120.090, 36.120.100, 36.120.110 Joint ballot measures 36.120.190 Ownership of improvements 36.120.160 Planning committee duties 36.120.040 formation 36.120.030 state route no. 520 36.120.045 Plans, modification and accountability 36.120.140 Project selection 36.120.060 Regional models, grants 36.120.180 Sales and use tax 82.14.430 Seattle Seawall 36.120.210 Taxes, fees 36.120.050 Treasurer 36.120.120 Vehicle tolls 47.56.076 REGIONAL UNIVERSITIES (See also COLLEGES AND UNIVERSITIES) Bachelor’s degree authorized 28B.35.200 Bond issues for buildings and facilities—1961 act bond retirement funds building fees, grants deposited 28B.35.750 concurrent effect 28B.35.790 definitions 28B.35.710 issuance, sale, form, term, interest, covenants, etc. 28B.35.730, 28B.35.740 not general obligation of state 28B.35.780 powers of trustees 28B.35.720 purpose, powers of trustees 28B.35.700 refunding bonds 28B.35.770 Building fees disposition 28B.35.370 Collective bargaining Ch. 41.76 Designation locations 28B.35.010 Diplomas, issuance 28B.35.230 Eastern Washington University physical therapy, doctorate degree 28B.35.215 Employees’ suggestion program Ch. 41.60 Fees installment payments 28B.15.411 refund, cancellation 28B.15.600 waiver Washington scholar award recipients 28B.15.543 Fees, See COLLEGES AND UNIVERSITIES, subtitle Fees Fire protection services 28B.35.190 Funds capital projects account building fees deposited 28B.35.370 normal school fund revenues deposited 28B.35.370 normal school permanent fund, source 43.79.160 Honorary degrees, authority to confer 28B.35.205 Master’s degree authorization, limitations 28B.35.205 Model schools and training departments apportionment of public school pupils 28B.35.310 attendance reports 28B.35.315 authorized 28B.35.300, 28B.35.320 estimate of required students 28B.35.305 Normal school fund revenues, disposition 28B.35.370, 28B.35.751 Normal school grant to regional universities, source 43.79.150 Open public meetings governing body of recognized student association 42.30.200 President duties 28B.35.390 housing allowance 28B.35.395 meeting 28B.35.400 Purposes, eligibility for designation 28B.35.050 State register, considered state agency for purpose of 34.08.050 Suspension, expulsion 28B.35.350 Teaching certificates, contents 28B.35.230 Trustees appointment, terms, vacancies, quorum 28B.35.100 general powers and duties 28B.35.120, 28B.35.195, 28B.35.196 meetings 28B.35.110 organization, officers of board, quorum 28B.35.105 powers regarding issuance of bonds, investments, transfer of funds, etc. 28B.35.760 Washington award for vocational excellence tuition and fee waivers or grants 28B.15.545, 28B.15.546 Western undergraduate exchange program students tuition differential waiver for nonresident students 28B.15.544 REGISTERED LAND (See REGISTRATION OF LAND TITLES, subtitle Registered land) REGISTRATION (See also BUSINESS LICENSE CENTER; ELECTIONS, subtitle Registration; LICENSES) Births, requirement 70.58.070 Bond issues generally Ch. 39.44 Forest products, brands and marks, See FORESTS AND FOREST PRODUCTS, subtitle Brands and marks Fraudulent, registration of trademarks 9.16.060 Livestock, false certificate of 9.08.030 Trade names Ch. 19.80 Trademarks Ch. 19.77 Trademarks, fraudulent registration, penalty 9.16.060 Vital statistics certificates and documents electronic and hard copy transmission 70.58.061 generally 70.58.055 statewide electronic data base local registrars use 70.58.065 REGISTRATION OF LAND TITLES Abstract of title filing with application 65.12.085 investigation of 65.12.110 Act of registration, conveyance of land, effect 65.12.320 Actions for recovery due to registration county attorney to defend 65.12.690 judgment 65.12.690 parties defendant 65.12.690 payment from indemnity fund 65.12.690 Adverse claim in registered land procedure 65.12.650 registration of 65.12.650 Adverse opinion of examiner, withdrawal by applicant 65.12.110 Agent, appointment by nonresident 65.12.070 Agreement running with the land, effect of registration 65.12.220 Alteration, erasure, or amendment of records, court order 65.12.720 Answer to summons 65.12.150 Appellate review 65.12.175 Application abstract of title, filing 65.12.085 amendment to 65.12.030 copy as lis pendens 65.12.100 dismissal or withdrawal of, when 65.12.170 docketing 65.12.080 filing 65.12.080 form 65.12.035 information to be submitted 65.12.020 manner of 65.12.005 nonresident, appointment of agent 65.12.070 (2008 Ed.) REGISTRATION OF LAND TITLES orders and decrees 65.12.080 parties to be named 65.12.080 service with summons 65.12.080 various lands in one 65.12.025 venue for 65.12.040 Assurance fund amount 65.12.660 breach of trust by registered owner, effect 65.12.700 indemnity 65.12.680 investment of 65.12.670 maximum liability 65.12.700 payment of judgment 65.12.690 payment to county treasurer 65.12.670 recoveries paid from 65.12.680 time of payment 65.12.660 when not liable 65.12.700 Attorney, plaintiff’s, endorsement and filing 65.12.530 Bond of registrar, filing 65.12.055 Breach of trust by registered owner, assurance fund, limitation on liability 65.12.700 Burdens and incidents of registered land 65.12.400 Certificate of tax payment, presentment with instrument for registration 65.12.390 Certificate of title agreement running with the land effect 65.12.220 contents 65.12.255 conveyance of registered land 65.12.380 court annulment of 65.12.620 decree of registration, relation back to 65.12.280 deed or instrument subject to condition, memorial entry 65.12.480 duplicate for owner 65.12.260 duplicate lost affidavit of owner 65.12.375 certified copy 65.12.375 new issuance by party in interest 65.12.375 effective date 65.12.280 exchange for consolidation 65.12.275 fees 65.12.790 form 65.12.255 indexing and filing, supervision by court 65.12.300 lessee’s duplicate 65.12.470 memorial entries upon, presentment of owner’s duplicate 65.12.370 memorial of outstanding certificate 65.12.620 new issuance 65.12.370 new issuance by inheritance, court order 65.12.580 new issuance for grantee 65.12.380 notation of lesser estate 65.12.010 owner’s duplicate surrender on conveyance 65.12.380 withheld 65.12.620 owner’s receipt for 65.12.260 partial transfer of registered land 65.12.380 petition for, court order 65.12.460 presentation of owner’s duplicate, authority for issuance of new instrument 65.12.370 receipt as evidence 65.12.290 redemption period after sale, allowance for 65.12.570 register of less than fee interest, memorial to be made 65.12.360 subdivision, effect 65.12.275 subject of theft, penalty 65.12.730 subsequent issuances, form 65.12.270 surrender of one for several 65.12.275 tenants in common, duplicates 65.12.265 title acquired through execution authority to register 65.12.550 entitlement to new certificate 65.12.550 title acquired through foreclosure allowance for redemption 65.12.450 authority to register 65.12.450 entitlement to new certificate 65.12.450 transfer between trustees 65.12.490 transfer of land (2008 Ed.) issuance of new certificates 65.12.360 memorandum or memorial to be made 65.12.360 variance between duplicate and original 65.12.290 Certificate of withdrawal fee 65.12.235 form 65.12.235 Certified copies of documents on file, fees 65.12.790 Certified copies of instruments fees 65.12.350 how obtained 65.12.350 Civil actions, proceeding or conviction for felony, effect upon 65.12.770 Claims under United States Constitution, effect upon 65.12.195 Clerk of court, fees 65.12.780 Clouds on title, removal by court 65.12.040 Conditions, expression on deed or instrument, conclusive effect of registration 65.12.480 Conditions to registration, tax title land adjudication 65.12.015 period of occupancy 65.12.015 Contiguous land in same county, application 65.12.025 Conveyance by attorney in fact 65.12.410 Conveyance of registered land evidence of authority to register 65.12.320 filing of deed 65.12.380 interest adverse to title of owner 65.12.380 new certificate for grantee 65.12.380 owner’s duplicate of certificate, surrender 65.12.380 partial transfer of described land 65.12.380 power of attorney 65.12.410 registrars of titles, duty 65.12.380 voluntary instruments contract between parties 65.12.320 wills 65.12.320 Corporation, manner of application 65.12.005 Decrees of registration 65.12.300 agreement running with the land, effect 65.12.220 appellate review 65.12.175 contents of 65.12.200 effect on parties 65.12.175 filing of 65.12.200 freedom from encumbrances, exceptions 65.12.195 limitation of action 65.12.190 parties not served, cause of action against applicant 65.12.180 public highways 65.12.195 relation of certificate of title, date 65.12.280 review by court 65.12.180 when granted 65.12.175 Deputies, liability for acts of 65.12.065 Docketing, entries to be made 65.12.080 Duplicates of instruments, how marked 65.12.350 Election of applicant after adverse opinion 65.12.110 Eminent domain payment of fees new certificate 65.12.610 reversion to owner, new certificate 65.12.610 Eminent domain as to registered land 65.12.400 Encumbrances of registered land, trust deeds, use of 65.12.420 Entry as to plaintiff’s attorney, filing 65.12.530 Examination of title, adverse opinion, effect 65.12.110 Examiners of title advisement of registrar of titles 65.12.635 appointment 65.12.090 investigation of application, duties regarding 65.12.110 memorials to be prepared by 65.12.635 opinion, effect 65.12.120 power to administer oaths 65.12.635 reference to by court 65.12.630 Examiner’s opinion, effect 65.12.110 Execution, manner of 65.12.005 Existing leases 65.12.195 Fees clerk of court 65.12.780 disposition of 65.12.800 registrars of titles 65.12.790 Forgery of instruments affecting registered land, penalty 65.12.760 Fraud as to instruments affecting registered land, penalty 65.12.750 Guardians ad litem, appointment for minors 65.12.145 Hearing ordered by court 65.12.165 Indexes alphabetical, duty of registrar to keep 65.12.310 certificate of title, duty of registrar to keep 65.12.300 decrees of registration, duty of registrar to keep 65.12.300 tract, duty of registrar to keep 65.12.310 Infant guardian ad litem for 65.12.145 manner of application 65.12.005 Information in decree of registration 65.12.200 Instruments or memorials entered 65.12.480 Instruments with conditions conclusive effect of registration 65.12.480 court order to comply with intent 65.12.480 memorandum or memorials entered 65.12.480 Interest acquired after filing application, appearance as party 65.12.210 Investigation of application, adverse opinion 65.12.110 Joint tenants, manner of application 65.12.005 Judgments or decrees deemed as liens 65.12.540 Judgments or final decrees actions affecting registered land 65.12.445 registered owner divested of estate 65.12.445 Land less than fee simple, notation upon certificate 65.12.010 Land registration docket, entries to be made 65.12.080 Land subject to a lesser estate 65.12.010 Liability for neglect or omission, registrar or deputy 65.12.065 Liens creation on registered land 65.12.510 judgment of court as, when becomes 65.12.540 notation upon certificate 65.12.010 registration of 65.12.520 title acquired through execution 65.12.550 Limitation of action 65.12.190 Limitation on action for recovery, disability of plaintiff, time period 65.12.710 Lis pendens, copy of application as, filing 65.12.100 Memorial entries on certificate of title court determination 65.12.360 registration of mortgages 65.12.430 Memorial entries on register, fees 65.12.790 Minors, appointment of guardian ad litem 65.12.145 Mistake or misfeasance of registration personnel county treasurer as defendant 65.12.690 parties defendant 65.12.690 persons sustaining loss through, recovery 65.12.680 Mortgages discharge, manner distinguished from unregistered land 65.12.435 extinguishment, memorial entry 65.12.435 foreclosures on registered land, memorial entry 65.12.440 memorials to be entered 65.12.430 mortgagee’s duplicate certificate, authority to register 65.12.435 notation upon certificate 65.12.010 notice filed with registrar of titles 65.12.440 registration, manner of 65.12.430 title acquired through foreclosure allowance for redemption 65.12.450 entitlement to new certificate 65.12.450 [RCW Index—page 631] REGULATIONS trust deeds deemed as 65.12.430 Names and addresses, necessity of 65.12.640 Notice certificate of registrar as proof 65.12.640 fees 65.12.780 foreclosure of mortgage, filing with registrar of titles 65.12.440 service of, manner 65.12.640 Owner’s certificate withheld, court procedure 65.12.620 Owner’s duplicate certificate, replacement provision 65.12.375 Partition rights in registered land 65.12.400 Perjury, false statements 65.12.740 Persons not served with process, right to answer when preserved 65.12.180 Persons sustaining loss through registration, recovery of funds 65.12.680 Petition for new certificate of title, court order 65.12.460 Power of attorney conveyance by 65.12.410 filing with registrar of titles 65.12.410 revocation of 65.12.410 Probate court may direct sale of registered land 65.12.590 Proceeding for registration, interest acquired after filing 65.12.210 Proceedings or convictions for felony, effect on civil actions 65.12.770 Proceedings to change records grounds 65.12.720 jurisdiction of courts 65.12.720 limitation on court 65.12.720 petition to court 65.12.720 who may instigate 65.12.720 Proof required by court 65.12.165 Protection of good faith purchaser, limitation on court 65.12.720 Public records, instruments and papers, registrar of titles office 65.12.340 Publication in newspaper, fees 65.12.780 Receipt for certificate of title, acknowledgment, evidence 65.12.260 Record of entries 65.12.250 Recording, where 65.12.005 Referral to examiner of titles, referees 65.12.160 Register of less than fee interest, cancellation of 65.12.360 Register of titles 65.12.250 Registered land actions affecting, plaintiff’s attorney 65.12.530 adverse claims, procedure 65.12.650 bankruptcy or insolvency proceedings 65.12.400 burdens or incidents 65.12.400 conveyance certificated of title 65.12.380 by power of attorney 65.12.410 dealings with mortgages 65.12.435 eminent domain 65.12.400 payment of fees 65.12.610 reversion to owner 65.12.610 encumbrance by owner 65.12.420 foreclosure of mortgages, notice with registrar of titles 65.12.440 forged instruments, penalty 65.12.760 fraudulent instruments affecting, penalty 65.12.750 indexes to be kept 65.12.310 judgment or decree of court, lien upon 65.12.540 leases of, mortgage provisions, applicability 65.12.470 liability for claims against estate 65.12.580 liability to attachment 65.12.400 lien creation upon 65.12.510 liens upon 65.12.400 partition rights 65.12.400 probate court may direct sale of registered land 65.12.590 [RCW Index—page 632] redemption period after sale, new certificate 65.12.570 registration of final decree or judgment issuance of new certificate, court order 65.12.445 memorial on certificate of title 65.12.445 owner divested of estate 65.12.445 registration on inheritance, memorials to be entered 65.12.580 transfer between trustees 65.12.490 trust deeds 65.12.420 trustees and receivers authority to deal 65.12.600 memorial to be entered on certificate 65.12.600 Registrars of titles acts performed by 65.12.050 certificate of tax payment, requirement of 65.12.390 deputies 65.12.060 designation as 65.12.050 duties 65.12.060 examiners of title, assistance of 65.12.635 fees 65.12.790 indexes and files to be kept 65.12.300 legal advisor, appointment 65.12.090 lessee’s duplicate certificate 65.12.470 memorial entries in doubt, court determination, duties 65.12.360 mortgages, manner of registration 65.12.430 numbering and indexing of records 65.12.340 owner’s duplicate certificate, replacement 65.12.375 power of attorney, filing of 65.12.410 practice of law 65.12.065 public inspection of records 65.12.340 registration of liens 65.12.520 retention of filed instruments 65.12.340 salary 65.12.800 supervision by court 65.12.300 vacancy, filling of 65.12.060 Registration owner’s certificate withheld 65.12.620 subsequent dealing with land, effect 65.12.220 when has effect of recording 65.12.330 withdrawal of lands from, effect 65.12.225 Review by court 65.12.180 Service of process nonresidents mailing of summons 65.12.140 publication 65.12.135 persons not served, rights 65.12.180 residents, methods 65.12.135 Subsisting rights of way or easements for ditches or water rights 65.12.195 Summons cause set for trial 65.12.160 designation of parties 65.12.130 expense of service 65.12.140 form 65.12.125 judgment by default 65.12.155 mailing to nonresident 65.12.140 in rem effect 65.12.155 when will issue 65.12.120 who may appear 65.12.150 Superior court clouds on title 65.12.040 powers of 65.12.040 registrars of titles, supervision of 65.12.050 removal 65.12.040 Tax sale, title derived through adjudication by court 65.12.015 conditions for registration 65.12.015 Termination of proceedings, authority for registrar, cancellation of memorial 65.12.560 Theft, certificates of titles subjects of 65.12.730 Title derived through, time of occupancy 65.12.015 Title free from encumbrances, exceptions 65.12.195 Trust deeds deemed as mortgages, registration 65.12.430 Trustee, authority to register land 65.12.500 Trustees and receivers, dealings with registered land 65.12.600 Unpatented land 65.12.005 Vacant and unoccupied lots, tax title lands, period of occupancy 65.12.015 Who may apply 65.12.005 Wills conveyance of registered land 65.12.320 notice to all persons 65.12.330 recording, effect as 65.12.330 Withdrawal from registration application, form 65.12.230 authorized 65.12.225 certificate of 65.12.235 recording and filing certificate of withdrawal, effect 65.12.240 REGULATIONS (See RULES AND REGULATIONS) REGULATORY ASSISTANCE, OFFICE OF Assistance 43.42.050 Coordinating permit agencies 43.42.060 Cost reimbursement agreements 43.42.070 Created, duties 43.42.010 Definitions 43.42.030 Energy facility site evaluation council jurisdiction 43.42.900 Findings 43.42.005 Maintaining and furnishing information 43.42.040 Operating principle 43.42.020 Participating permit agencies, timelines 43.42.080 Permit agencies, authority 43.42.901 Repeal 43.131.402 Termination 43.131.401 REGULATORY FAIRNESS Agency review of business rules, requirements 19.85.050 Application of chapter, limitation 19.85.025 Business professions, regulation guidelines Ch. 18.118 Definitions 19.85.020 Health professions regulation criteria Ch. 18.120 uniform administrative provisions Ch. 18.122 Rules duty of rules coordinator to provide list of applicable agency rules to business assistance center 43.17.310 notice of proposed rule 19.85.070 periodic review, plan required 19.85.050 Small business economic impact statement contents, purpose 19.85.040 federal law compliance 19.85.061 notice of proposed rule 19.85.070 reduction of costs imposed by rules 19.85.030 when required 19.85.030 Technical assistance programs for rules compliance agency immunity 43.05.150 agriculture, department of notice of correction, contents 43.05.100 penalty 43.05.110 time for compliance, extension 43.05.120 definitions 43.05.010 ecology, department of civil penalty, when imposed 43.05.070, 43.05.080 notice of correction, contents 43.05.060 educational programs 43.05.130 employment security department educational program 43.05.130 enforcement authority of agencies 43.05.150 fish and wildlife, department of notice of correction, contents 43.05.100 penalty 43.05.110 time for compliance, extension 43.05.120 health, department of notice of correction, contents 43.05.100 penalty 43.05.110 time for compliance, extension 43.05.120 (2008 Ed.) REPLEVIN labor and industries, department of compliance inspection, citation 43.05.090 consultative visit, report contents 43.05.090 educational program 43.05.130 licensing, department of notice of correction, contents 43.05.100 penalty 43.05.110 time for compliance, extension 43.05.120 list of providers 43.05.020 natural resources, department of notice of correction, contents 43.05.100 penalty 43.05.110 time for compliance, extension 43.05.120 regulatory agencies to develop, criteria 43.05.020 revenue, department of educational program 43.05.130 technical assistance visit, issuance of penalty 43.05.050 technical assistance visit, notice of violation 43.05.030 violations civil penalties 43.05.040, 43.05.050 notice, contents 43.05.030 time to correct, revisit 43.05.040 voluntary audit, pilot program 43.05.140 REGULATORY REFORM (See also REGULATORY FAIRNESS) Agency rule-making activity, quarterly report 1.08.112 Judicial review of agency action award of fees and expenses 4.84.350 definitions 4.84.340 land use decisions, appeals and award of fees and costs 4.84.370 payment of fees and expenses, report 4.84.360 Land use decisions appeals and award of fees and costs 4.84.370 REHABILITATION DISTRICTS (See IRRIGATION DISTRICTS, subtitle Rehabilitation districts) REHABILITATION SERVICES Disabilities, persons with cooperative agreements between state and local agencies 74.29.037 definitions 74.29.010 job support services 74.29.080 powers and duties of department of social and health services 74.29.020 purpose 74.29.005 RELIGION Agencies, children, expectant mothers, developmental disabilities, application of chapter 74.15.170 Appropriations of public funds for religious purposes, prohibition against Const. Art. 1 § 11 Birthing centers operated by religious organizations exempt from center licensing chapter 18.46.140 Boarding homes operated by religious organizations exempt from boarding home licensing chapter 18.20.170 Bombs, threats to churches, penalty 9.61.160 Chaplain of state penitentiary, right to employ Const. Art. 1 § 11 Child abuse, reporting by clergy Ch. 26.44 Colleges and universities, not under control of religious denomination 28B.10.040 Freedom of conscience guaranteed Const. Art. 1 § 11 Juror not to be incompetent on account of Const. Art. 1 § 11 Malicious harassment definition and criminal penalties 9A.36.080 Marriage ritual 26.04.120 No person to be molested on account of Const. Art. 1 § 11 Nursing homes operated by religious organizations exempt from nursing home licensing chapter 18.51.170 (2008 Ed.) Oath administering form may be adapted to 5.28.040 Public assistance religiously affiliated organizations as service providers 74.08A.030 Public assistance medical care not to interfere with 74.09.190 Public office, prohibition against religious qualification Const. Art. 1 § 11 Ritual slaughter of livestock defined as humane 16.50.150 Sacramental liquors and wines, See ALCOHOLIC BEVERAGES, subtitle Sacramental liquors or wines Schools free from sectarian control Const. Art. 9 § 4, Const. Art. 26 § 4 schoolrooms, use of by religious groups 28A.320.510 State institutions chaplains 72.01.210, 72.01.212, 72.01.220, 72.01.230, 72.01.240 outside ministers 72.01.260 Teachers, asking or disclosing religious affiliation prohibited, penalty 28A.400.310 Toleration in, secured Const. Art. 26 § 1 Unemployment, religious organizations 50.44.045 Witness not incompetent because of Const. Art. 1 § 11 right to interrogate respecting religious beliefs denied Const. Art. 1 § 11 RELIGIOUS CORPORATIONS (See also BENEVOLENT ORGANIZATIONS) Authority to incorporate 24.12.010 Cemeteries, exemptions from regulation by board 68.05.400 Corporations sole Ch. 24.12 Existing corporation sole 24.12.040 Filings, articles of incorporation 24.12.030 Nonprofit corporation act Ch. 24.03 Powers 24.12.020 Property held in trust 24.12.030 RELOCATION ASSISTANCE Persons displaced by public works programs Ch. 8.26 RENDERING PLANTS Licensing and regulation Ch. 16.68 RENEWABLE RESOURCES (See ENERGY) RENTAL CARS (See MOTOR VEHICLES; TAXES - SALES AND USE TAX) RENTAL DEPOSITS Deposit guarantee program grant recipient authority 59.24.040 legislative findings 59.24.010 program requirements 59.24.020, 59.24.030, 59.24.050 source of funds 59.24.060 RENTAL OR LEASE OF PERSONAL PROPERTY Conversion, destruction, removal, concealment, etc., penalty 9.45.060 Failure to return property 9.45.060 Warranties, disclaimer, merchantability or fitness 63.18.010 RENTS AND PROFITS (See also FORCIBLE ENTRY AND DETAINER; LANDLORD AND TENANT) Cities and towns rent control, prohibited 35.21.830 Counties, state preemption 36.01.130 Default, See LANDLORD AND TENANT, subtitle Rent default; LANDLORD AND TENANT, subtitle Rent default, under forty dollars Descent and distribution, right to sue for rents and profits by heirs and devisees 11.04.250 Ejectment and quieting title actions, actions against tenant on failure to pay rent 7.28.250 Executions, accounting for rents and profits during redemption period 6.23.090 Failure to pay, notice to quit premises 59.04.040 Injunctions, damages for on dissolution of injunction staying proceedings 7.40.200 Limitation of actions on rent 4.16.040 Military property 38.20.040 Motor vehicles, renting of, See MOTOR VEHICLES, subtitle Rental of Nonpayment, when constitutes unlawful detainer 59.12.030 Possession gained without consent 59.04.050 Probate absentee’s estate, rents applied to maintenance of 11.80.040 receipt by executor or administrator during 11.48.020 receipt by personal representative during probate 11.48.020 right of heirs and devisees to sue for on vesting of title 11.04.250 Redemption from sale at execution, rents and profits during redemption period 6.23.090, 6.23.110 Right of heirs and devisees to sue for on vesting of title 11.04.250 Security interests in perfection by recording 7.28.230 Separate property of either spouse, personal exemption, as 6.15.040 Writ of execution to require, when 6.17.110 REPAIRERS AND RENOVATORS Failure to keep reports on source of major component car parts, exception 46.52.090 Motor vehicles, See AUTOMOTIVE REPAIR REPARATIONS Transportation company, rates found excessive 80.04.220 Utility company, rates found excessive 80.04.220 REPLEVIN Action for limited to three years 4.16.080 Claim and obtain immediate delivery application requisites of 7.64.020 authorized, when 7.64.010 bonds redelivery bond of defendant 7.64.050 claim by third party 7.64.100 redelivery bond of defendant sureties, requirement 7.64.050 severability 7.64.900 sheriff’s duties upon posting of redelivery bond 7.64.050 show cause order award of possession 7.64.035 petition, hearing 7.64.020 plaintiff’s duty on obtaining possession 7.64.045 sureties redelivery bond of defendant 7.64.050 Claim of immediate delivery clerks of court, return of proceedings to be filed with 7.64.110 justification sureties 7.64.070 return of proceedings by sheriff 7.64.110 sheriffs return of proceedings by 7.64.110 sureties justification and qualification 7.64.070 Concealed property sheriff’s duties on receiving order awarding possession 7.64.047 District court proceedings chapter 7.64 RCW available to plaintiff 12.28.005 form 12.04.204, 12.04.206 pleading to setoff 12.08.020 service of writ 12.04.050 Judgments execution of final judgment 7.64.115 [RCW Index—page 633] REPORTERS Judgments on 4.56.080 Possession application for, requisites, procedure 7.64.020 award of execution of final judgment 7.64.115 order 7.64.035 plaintiff’s duties 7.64.045 return of proceedings by sheriff 7.64.110 sheriff to take possession of property on receiving order awarding possession 7.64.047 sheriff’s duties upon posting of defendant’s redelivery bond 7.64.050 sheriff’s return of proceedings 7.64.110 third party claims 7.64.100 when plaintiff may claim and take immediate delivery 7.64.010 Redelivery bond, posting by defendant, procedure, effect 7.64.050 Remedies other remedies available to plaintiff 7.64.010 Sheriff’s duties on receiving order awarding possession 7.64.047 Sheriff’s duties upon posting of defendant’s redelivery bond 7.64.050 Third party claims 7.64.100 Verdicts, forms of 4.44.420 REPORTERS (See COURT REPORTERS) REPORTS Associations, municipal corporations, to governor and legislature 44.04.170 Campaign financing Ch. 42.17 Contagious diseases 70.05.090, 70.05.100, 70.05.110, 70.05.120 Coroner death due to vehicle accident 46.52.050 County auditor, monthly reports 36.40.210 County commissioners, report on county roads to secretary of transportation 36.75.260 County planning agencies, annual report 36.70.710 County road engineer, report on establishment of road 36.81.050 content 36.81.050 maps, notes and profiles to be filed 36.81.060 vacation of roads, report 36.87.040 Court commissioners, conclusions of law, exceptions to, necessity of 4.80.020 Death due to vehicle accident 46.52.050 Decisions of supreme court Const. Art. 4 § 21 Defects and omissions in laws Const. Art. 4 § 25 Diseases, reporting 70.05.090, 70.05.100, 70.05.110 Driver license compact, reports of convictions to other party states 46.21.010 Executors and administrators 11.76.010 Falsifying by public officer 42.20.040 Federal funds and programs, progress reports, requirement of state agencies 43.88.205 Federal missing persons act, reports of United States officers and employees as prima facie evidence of death, missing in action, etc. 5.40.030 Gambling, licensees, public inspection 9.46.300 Governor health, state board of 43.20.100 power to demand reports 43.06.010 Governor, See also GOVERNOR, subtitle Reports to Housing authority 35.82.230 Labor and industries department, annual report to governor 43.22.330 Legislature, See LEGISLATURE, subtitle Reports to Licensing, departmental activities, report of director to governor 46.01.290 Motor vehicle accident death 46.52.050 Motor vehicle accidents 46.52.030 Motor vehicle administration, annual report of director of licensing to governor 46.01.290 Motor vehicle repairs, restorations or alterations, exception 46.52.090 [RCW Index—page 634] Partition proceedings, See PARTITION Personal representatives 11.76.010 Public assistance child support actions, See PUBLIC ASSISTANCE, subtitle Support of dependent children Public depositaries, reports to public deposit protection commission 39.58.100 Public disclosure Ch. 42.17 Referees, of affirmed, effect 4.48.090 contents 4.48.070 ejectment and quieting title proceedings, counterclaims 7.28.170 filing 4.48.070, 4.48.080 motions on 4.48.080 set aside, effect 4.48.090 status on motion to set aside 4.48.090 State officers, etc. annual report to governor, period covered 43.01.035 biennial report to legislature, period covered 43.01.035 periods to be covered 43.01.035 State toxicologist, blood samples from motor vehicle accident victims, availability, admissibility 46.52.065 Supreme court decisions Const. Art. 4 § 21 Wiretaps, law enforcement officers 9.73.120 REPRESENTATIVES (See also LEGISLATURE; PERSONAL REPRESENTATIVES) Execution against property in custody of, writ contents 6.17.110 Execution of judgment in name of legal representative 6.17.030 REPRIEVES Governor’s power to grant 10.01.120 Power of governor, report to legislature Const. Art. 3 § 11 REPRODUCTION Copies of business and public records as evidence, uniform act 5.46.010, 5.46.900, 5.46.910 Sound recordings, unlawful chapter not applicable to certain nonrecorded broadcast uses 19.25.810 chapter not applicable to recordings intended only for broadcast by radio or television 19.25.800 contraband recordings, disposition, forfeiture, and penalty 19.25.050 definitions 19.25.010 failure to disclose origin of recording unlawful, fine and penalties 19.25.040 fine and penalty 19.25.020 public records chapter not applicable to copying of public records 19.25.820 recording of live performance, use without consent of owner unlawful 19.25.030 REPRODUCTIVE PRIVACY Abortion defenses to prosecution 9.02.130 definitions 9.02.170 individual right to choose or refuse declared public policy 9.02.100 physician’s right to provide 9.02.110 refusal to perform 9.02.150 state regulation 9.02.140 state-provided benefits, services, or information availability 9.02.160 unauthorized, penalty 9.02.120 woman’s right to have 9.02.110 Birth control individual right to choose or refuse declared public policy 9.02.100 RES ADJUDICATA (See also BAR OF JUDGMENT; BAR TO ACTIONS; BAR TO PROSECUTION) Compromise of misdemeanor bar to another action for same offense 10.22.020 Judgments challenge to sufficiency of evidence, judgment for defendant a bar to another action 4.56.150 merits, judgment on bars another action 4.56.120 RESEARCH Life sciences definitions 43.350.010 discovery fund authority created 43.350.020 dissolving 43.350.060 general powers 43.350.040 liability, limitation 43.350.050 trust powers 43.350.030 findings 43.350.005 fund 43.350.070 RESEARCH AND DEVELOPMENT Controlled substances therapeutic research program Ch. 69.51 Industrial projects of statewide significance, procedures to expedite development Ch. 43.157 Pet animals transferring stolen animals to research institutions penalties 9.08.072, 9.08.074, 9.08.076, 9.08.078 Records release for, procedure Ch. 42.48 Spokane intercollegiate research and technology institute Ch. 28B.38 Tax imposed 82.04.260, 82.04.440 University research work by private corporations 28B.10.620, 28B.10.625 RESERVOIRS Construction or modification 90.03.350 Permits 90.03.370, 90.44.460 Poisoning, penalty 69.40.030 Shoreline management act Ch. 90.58 RESIDENCE (See also NONRESIDENTS) Absence while in public service or at certain institutions not to affect elective franchise Const. Art. 6 § 4 Actions to be brought where defendant resides 4.12.025 Cities and towns council-manager plan, city manager 35.18.040 officials and employees 35.21.200 police officers, no residence requirement 35.22.610 Civil service positions commission to prescribe residence requirements 41.14.100 residency as condition of employment, discrimination because of lack of residency prohibited 41.08.075, 41.12.075 College and university students, See COLLEGES AND UNIVERSITIES Eligibility to office and elective franchise, how affected by Const. Art. 6 § 4 Energy conservation loans Const. Art. 8 § 10 Higher education students resident or nonresident student, defined 28B.15.012 Homestead requirements 6.13.010 Identification cards 19.192.010, 19.192.020 Insurance directors, domestic insurers 48.07.050 Loans for energy conservation Const. Art. 8 § 10 Presidential electors, new resident voting, See ELECTIONS, subtitle Presidential electors, new resident voting Public assistance recipients, See PUBLIC ASSISTANCE, subtitle Residence Qualifications for voters, presidential elections Const. Art. 6 § 1A Resident defined 46.16.028, 46.20.021 (2008 Ed.) RESTRAINING ORDERS driver’s license required 46.20.021 vehicle registration required 46.16.028 State officers, certain, where Const. Art. 3 § 24 Vacancy in office caused by lack of 42.12.010 Witnesses, effect on compelling attendance 5.56.010 RESIDENTIAL CARE Facilities cities and towns review of need and demand for, implementation of findings 35.63.140 first class cities, review of need and demand for, implementation of findings 35.22.680 review of need and demand for, implementation of findings 35A.63.149, 36.32.560, 36.70.755 RESIDENTIAL HABILITATION CENTERS (See DEVELOPMENTAL DISABILITIES, PERSONS WITH) RESIDENTIAL LANDLORD-TENANT ACT (See LANDLORD AND TENANT, subtitle Residential landlord-tenant act) RESIDENTIAL PROPERTY (See REAL PROPERTY, subtitle Residences) RESIDENTIAL SCHOOLS (See CORRECTIONAL FACILITIES, subtitle Juvenile facilities) RESIDENTS (See NONRESIDENTS; RESIDENCE) RESOLUTIONS (See also ORDINANCES AND RESOLUTIONS) Cities and towns initiation of local improvement proceedings 35.43.140 initiation of proceedings 35.43.150 initiation of proceedings by recreation district formation 36.69.030 metropolitan municipal corporations elections 35.58.070 recreation district formation 36.69.030 third class cities and towns, sidewalk construction 36.70.040 County road improvement districts, initiation by 36.88.030 Fire protection district commissioners 58.28.020 RESORTS (See TRANSIENT ACCOMMODATIONS) RESPIRATORY CARE PRACTITIONERS Ad hoc advisors 18.89.050 Continuing education 18.89.140 Definitions 18.89.020 Insurance coverage not mandated 18.89.010 Liability and immunity of administrators and ad hoc committee 18.89.080 Licenses application form, fee 18.89.120 competency requirements 18.89.100 examination 18.89.110 qualifications 18.89.090 reciprocity 18.89.150 renewal 18.89.140 Powers of secretary of health 18.89.050 Practitioners, what constitute 18.89.030 Recordkeeping requirements 18.89.060 Scope of practice 18.89.040 Uniform disciplinary act, application 18.89.050 Unlawful practice 18.89.015 RESPITE CARE SERVICES Administration 74.41.040 Amendment of community options program entry system waiver under federal social security act to include 74.39.030 Criteria 74.41.060 Data collection and maintenance 74.41.070 Definitions 74.41.030 Emergency respite centers licensing 74.15.280 Entitlement not created 74.41.090 (2008 Ed.) Family caregiver information and support services 74.41.050, 74.41.070 Health care facilities and practitioners are not impaired 74.41.080 Intent 74.41.020 Program standards 74.41.040 Projects, contracts, responsibilities, and evaluation of need 74.41.050 RESTAURANTS Alcoholic beverages, retailers’ license, See ALCOHOLIC BEVERAGES, subtitle Restaurants Automatic service charges, disclosure 49.46.160 Discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Employees’ liens, See LIENS, subtitle Businesses selling prepared foods or drinks Food and beverage workers’ permits Ch. 69.06 Nonpayment for meals, liability 4.24.230 RESTITUTION Attachment redelivery bond, by 6.25.190 security insufficient 6.25.090 Corporations, also applicable to 9A.20.030 Criminal proceedings in lieu of fines 9A.20.030 procedure 9.94A.753 requirements 9.94A.750 Ejectment and quieting title actions execution of on new trial 7.28.270 vacation of judgments and grant of new trial, on 7.28.270 Fines, as alternative to 9A.20.030 Forcible entry and detainer bond for 59.12.090 bond to stay 59.12.100 modification of bonds 59.12.110 service of 59.12.110 use by plaintiff 59.12.090 Joint stock association, also applicable to 9A.20.030 Judgment, defense or reopening after judgment when constructively served, restitution if successful 4.28.200 Juvenile offenses 13.40.080, 13.40.190 Landlord and tenant rent default 59.08.060 residential landlord and tenant act 59.18.400, 59.18.410 residential landlord-tenant act 59.18.370, 59.18.375, 59.18.380, 59.18.390 Legal financial obligations court-ordered, imposition and collection 9.94A.505, 9.94A.760 monthly payment or starting dates, construction 9.94A.772 termination of supervision, monitoring of payments 9.94A.775 In lieu of fine 9A.20.030 Minors’ contracts, upon attaining majority 26.28.030 Offender’s liability for legal financial obligations Ch. 72.11 Sentencing 9.94A.505 Service of writs, sheriff’s fee 36.18.040 Suspending of sentence, conditions 9.92.060 RESTRAINING ORDERS (See also INJUNCTIONS) Child abuse perpetrator visitation rights, temporary order to restrict 26.44.150 Child custody or residential placement, prerequisites for court before granting restraining order 26.50.135 Dissolution of marriage issuance of order in dissolution decree, procedure 26.09.050, 26.09.060 Domestic violence assault in violation of no-contact order, class C felony 10.99.040, 10.99.050 award of costs, service fees, and attorneys’ fees 26.50.060 commencement of action 26.50.020 computer entry to constitute statewide notice, requirements 26.50.100 definitions 26.50.010 duration of order 26.50.060 ex parte temporary order 26.50.070 ex parte temporary order for protection 26.50.070 penalties, prerequisite, duty to serve copy of order 26.50.115 fees for filing not permitted 26.50.040 foreign protection order full faith and credit act Ch. 26.52 forms, instructions, and informational brochures 26.50.030 administrative office of the courts to prepare 26.50.035 hearing 26.50.050 resetting when respondent not personally served 26.50.085 immunity for arresting officer 26.09.300, 26.50.140 inform victims about protection orders 10.99.030 interpreter, appointment and duties 26.50.055 issuance of order, assistance by peace officer 26.50.080 jurisdiction 26.50.020 modification 26.50.130 no-contact order 10.99.040 electronic monitoring may be required as condition of release of defendant 10.99.040 enforcement 10.99.055 procedure for issuing and entering 10.99.045 sentence conditions and procedures 10.99.050 statewide notice 10.99.040 violation, penalties and procedures 10.99.050 notice 26.09.300 parties, realignment of designation of 26.50.060 penalties, prerequisite, duty to serve copy of order 26.50.115 personal service 26.50.050 exceptions 26.50.090 resetting of hearing when respondent not personally served 26.50.085 petition for relief 26.50.030 protection orders computer entry for statewide notice 26.09.060 relief available, types 26.50.060 renewal of order 26.50.060 service by mail 26.50.123 service by publication 26.50.085 service by publication or mail 26.50.050, 26.50.090 cost of publication or mailing 26.50.125 issuance of order if respondent fails to appear following service 26.50.095 venue 26.50.020 violation assault, class C felony 26.50.110 contempt proceedings 26.50.110 costs and attorneys’ fees 26.50.120 electronic monitoring as condition of release 26.50.110 penalties 26.50.110 penalties, prerequisite, duty to serve copy of order 26.50.115 vulnerable adults 26.50.021 No-contact order domestic violence 10.99.040 electronic monitoring may be required as condition of release of defendant 10.99.040 enforcement 10.99.055 procedure for issuing and entering 10.99.045 [RCW Index—page 635] RESTRAINT OF LIBERTY sentence conditions and procedures 10.99.050 statewide notice 10.99.040 Nursing homes patient abuse 70.124.050 Profiteering 9A.82.090 Protection orders computer entry for statewide notice 26.09.060 domestic violence 10.99.030, 26.09.300 award of costs, service fees, and attorneys’ fees 26.50.060 commencement of action 26.50.020 computer entry to constitute statewide notice, requirements 26.50.100 definitions 26.50.010 duration of order 26.50.060 ex parte temporary order 26.50.070 ex parte temporary order for protection penalties, prerequisite, duty to serve copy of order 26.50.115 fees for filing not permitted 26.50.040 foreign protection order full faith and credit act Ch. 26.52 forms, instructions, and informational brochures administrative office of the courts to prepare 26.50.035 forms and informational brochures 26.50.030 hearing 26.50.050 resetting when respondent not personally served 26.50.085 immunity for arresting officer 26.50.140 issuance of order, assistance by peace officer 26.50.080 jurisdiction 26.50.020 modification 26.50.130 parties, realignment of designation of 26.50.060 penalties, prerequisite, duty to serve copy of order 26.50.115 personal service 26.50.050 resetting of hearing when respondent not personally served 26.50.085 personal service, exceptions 26.50.090 petition for relief 26.50.030 relief available, types 26.50.060 renewal of order 26.50.060 scope of orders, enforcement 26.50.025 service by mail 26.50.123 service by publication 26.50.085 service by publication or mail 26.50.050, 26.50.090 cost of publication or mailing 26.50.125 issuance of order if respondent fails to appear following service 26.50.095 venue 26.50.020 violation assault, class C felony 26.50.110 contempt proceedings 26.50.110 costs and attorneys’ fees 26.50.120 electronic monitoring as condition of release 26.50.110 penalties 26.50.110 penalties, prerequisite, duty to serve copy of order 26.50.115 issued in conjunction with temporary maintenance or support motions 26.09.060 judicial information system, required contents of database 26.50.160, 26.50.165 vulnerable adults 26.50.021 Temporary, court commissioners bond approval power 2.24.040 power to issue 2.24.040 RESTRAINT OF LIBERTY Habeas corpus application contents concerning 7.36.030 discharge of party, when 7.36.120 ground for prosecution of writ 7.36.010 limitation on inquiry 7.36.130 return of writ to state authority or cause of return 7.36.100 [RCW Index—page 636] warrant to prevent removal or irreparable injury contents 7.36.190 issuance 7.36.190 RESTRAINT OF TRADE Contracts in restraint of trade unlawful 19.86.030 Fish marketing associations, deemed not to be combination for restraint of trade 24.36.070 Insurance, combinations in restraint of trade unlawful 48.30.020 RETAIL INSTALLMENT SALES OF GOODS AND SERVICES (See also INSTALLMENT SALES OF GOODS AND SERVICES) Insurance premium finance company act, exemption for 48.56.030 Interest highest rate permissible published in Washington State Register 34.08.020 Lease-purchase agreement act violation is unfair or deceptive act or practice 63.19.110 Lease-purchase agreements advertising liability 63.19.090 requirements 63.19.090 application of lease-purchase agreement act 63.19.020 content restrictions 63.19.050 definitions 63.19.010 disclosure by lessor contents of agreement 63.19.040 requirements 63.19.030 new agreements renegotiation between same lessor and consumer disclosure requirements 63.19.080 events not considered renegotiation 63.19.080 receipts for payments lessor’s duty to provide 63.19.070 reinstatement by consumer terms 63.19.060 upholstered furniture or bedding used, sanitizing required before leasing 63.19.100 Service charge maximum 63.14.130 Unconscionable transactions, judicial actions 63.14.136 RETAILERS (See also SALES) Alcoholic beverages, licenses for, See ALCOHOLIC BEVERAGES, subtitle Licenses Gift certificates Ch. 19.240 Going out of business sales, See SALES, subtitle Going out of business sales Litter tax imposed Ch. 82.19 Product liability actions Ch. 7.72 RETIREMENT AND PENSIONS (See also CIVIL SERVICE) Actuarial value authority of department to adopt rules regarding 41.50.175 defined 41.50.010 Annuities teachers 28A.400.250 Annuity contracts public utility districts 54.04.050 Assignment of divided benefits, mandatory definitions 41.50.500 departmental duties 41.50.600 dissolution orders 41.50.790 notice to obligor 41.50.540 order contents 41.50.580 direct payments pursuant to order 41.50.670 form 41.50.590 hearing to quash, modify, or terminate 41.50.630 payments pursuant to orders under prior law 41.50.650 service of 41.50.620 payment of benefits restraining order, entrance against department, departmental duties 41.50.720 petition for order 41.50.560 property division obligations cessation upon death of obligee or obligor 41.50.700 obligee’s entitlement to statement of obligor’s retirement benefits 41.50.690 payment pursuant to court order defense against claims 41.50.710 payment treated as deduction from member’s periodic retirement payment 41.50.700 processing fee 41.50.680 remedies exclusive 41.50.710 satisfaction of 41.50.670 remedies 41.50.510 venue and jurisdiction 41.50.530 withdrawal of accumulated contributions notice and payment of obligee 41.50.550 Cities, statewide system actuarial investigations and studies 41.44.080 appropriations, certification of amount needed 41.44.080 board of trustees actuarial investigations and studies 41.44.080 appropriations, certification of amount needed 41.44.080 interest on funds 41.44.080 liability of members 41.44.080 members 41.44.070 oath of office 41.44.070 powers and duties 41.44.080 quorum 41.44.070 term 41.44.070 contributions by cities 41.44.090 death of member, payment to estate 41.44.190 by employees 41.44.130 withdrawal of member from system 41.44.190, 41.44.200 created 41.44.040 death in line of duty benefit 41.44.210 definitions 41.44.030 election of cities and towns to participate in 41.44.050 excluded persons 41.44.060 exemption of rights from legal process, exceptions 41.44.240 firemen excluded 41.44.060 interest on funds 41.44.080 investments 41.44.100 legal process, exemption of rights from, exceptions 41.44.240 membership 41.44.110 merger of existing systems with statewide system 41.44.260 monthly payments 41.44.230 old age and survivors’ insurance, participation in 41.44.270 optional allowance on retirement 41.44.220 policemen excluded 41.44.060 public assistance, pensioner not prohibited from receiving 41.44.250 purpose 41.44.020 retirement for disability 41.44.160, 41.44.170, 41.44.180 service 41.44.140, 41.44.150 retirement fund created 41.44.100 depositaries 41.44.100 service credit military service 41.44.120 prior service 41.44.120 private enterprise acquired by city 41.44.120 supplemental benefits fund 41.44.105 (2008 Ed.) RETIREMENT AND PENSIONS title 41.44.010 withdrawal of cities from system 41.44.090 withdrawal of members city’s contribution 41.44.200 payment of contributions 41.44.190 reemployment by another city, transfer 41.44.190 reentry 41.44.190 Cities and towns investment advisory board 35.39.080 members employment of 35.39.100 liability of 35.39.110 powers and duties 35.39.090 investment of pension funds 35.39.060 securities registration and custody 35.39.070 Cities of first class actuarial valuations and investigations 41.28.060 administrative expenses 41.28.230 adoption of system by cities 41.28.020 age, estimates of 41.28.210 board of administration actuarial valuations and investigations 41.28.060 investments of retirement fund moneys by 41.28.080 members 41.28.080 powers and duties 41.28.060 reports 41.28.060 contributions by cities 41.28.090, 41.28.100 rates of contributions by members 41.28.040 redeposits 41.28.110 salary deductions 41.28.040 withdrawals of 41.28.110 death before retirement, payment of contributions to estate 41.28.180 definitions 41.28.010 employees’ retirement fund administrative expenses appropriated from 41.28.230 city treasurer as custodian 41.28.080 created 41.28.070 depositaries for 41.28.080 investments of 41.28.080 legislative guide lines 41.28.085 report as to 41.28.060 establishment authorized 41.28.005, 41.28.020 exempted personnel 41.28.030 exemption of rights from legal process 41.28.200 existing systems preserved 41.28.240 included personnel 41.28.030 investment of pension funds, legislative guide lines 41.28.085 investments of retirement fund moneys 41.28.080 mandatory assignment of divided benefits 41.28.207 military service credit 41.28.050 monthly payments 41.28.190 nonincluded personnel, extension of system to, exemptions 41.04.130 payment of benefits to spouse or ex-spouse pursuant to court decree of dissolution or legal separation 41.28.205 court order or court-approved property settlement 41.28.205 retirement for disability 41.28.140, 41.28.150, 41.28.160 service 41.28.120, 41.28.130 retirement for service optional allowances 41.28.170 rights are unassignable 41.28.200 salary deductions for contributions 41.28.040 service credit estimates of service 41.28.210 military service 41.28.050 prior service 41.28.050 (2008 Ed.) suspension of allowances if receives other public pension or aid 41.28.220 transfer to police retirement and pension fund system 41.20.170 Colleges and universities annuity and retirement plans authorized 28B.10.400 contributions by faculty and employees 28B.10.405 credit for leave without pay 28B.10.407 limitation on contribution 28B.10.410 membership while serving as state legislators 28B.10.409 employees 28B.10.480 employees and faculty annuity and retirement plans additional pension for retirees 28B.10.425 length of service 28B.10.415 limits and adjustments 28B.10.423 mandatory retirement age, reemployment 28B.10.420 minimum benefits, computation 28B.10.430 monthly benefit, post-retirement adjustment 28B.10.430 monthly benefit, post-retirement adjustment 28B.10.430 tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 Combined city and county municipal corporations public employee retirement or disability benefits not affected 36.65.060 Community colleges retirement or termination agreements overpayments not required to be repaid 41.50.750 payment options, opportunity to change options 41.50.740 tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 Compensation earnable, correction of reporting errors 41.50.131 Consolidation of local government unit and first class city retirement rights compliance with law 41.04.430 definitions 41.04.405 intent 41.04.400 limitations 41.04.425 membership in first class city retirement system 41.04.415 newly created legal entity 41.04.420 public or public safety employees’ retirement systems 41.04.410 Contributions erroneous withdrawals, restoration 41.50.155 interest on late contributions, department authorized to charge 41.50.125 restoration of erroneous withdrawals 41.50.155 restoration rights, member notification of rights required 41.50.170 Convention and trade center chapter inapplicable to employees and officers 41.04.800, 41.40.105 Deferred compensation plans authorization 41.50.770 deferred compensation principal and administrative account, use of funds 41.50.780 Disability benefits denial of benefit if disability results from criminal conduct 41.32.054 Dissolution orders, effect 41.50.790 District court judges, mandatory retirement age 3.74.030 Divided benefits, mandatory assignment definitions 41.50.500 departmental duties 41.50.600 dissolution orders 41.50.790 first class cities 41.28.207 notice to obligor 41.50.540 order contents 41.50.580 direct payments pursuant to order 41.50.670 form 41.50.590 hearing to quash, modify, or terminate 41.50.630 payments pursuant to orders under prior law 41.50.650 service of 41.50.620 payment of benefits restraining order, entrance against department, departmental duties 41.50.720 petition for order 41.50.560 procedure 41.50.520, 41.50.570, 41.50.610, 41.50.640, 41.50.660 property division obligations cessation upon death of obligee or obligor 41.50.700 obligee’s entitlement to statement of obligor’s retirement benefits 41.50.690 payment pursuant to court order defense against claims 41.50.710 payment treated as deduction from member’s periodic retirement payment 41.50.700 processing fee 41.50.680 remedies exclusive 41.50.710 satisfaction of 41.50.670 remedies 41.50.510 spousal maintenance decrees and orders 26.09.138 venue and jurisdiction 41.50.530 withdrawal of accumulated contributions notice and payment to obligee 41.50.550 Domestic relations orders payable from employee benefit plan 6.15.020 Elective officers or employees, retirement rights preserved 41.04.120 Employee benefit plans definition, designation as spendthrift trust 6.15.020 domestic relations orders payable from 6.15.020 Employees, contributions to benefit plans, lien against employer’s earnings and property 60.76.010 Exception from execution, exceptions 6.15.020 Excess compensation employer liable for extra retirement costs 41.50.150 public notice of payment 41.50.152 Faculty, See RETIREMENT AND PENSIONS, subtitle Colleges and universities Federal social security acceptance of state for state, county, city and town, and political subdivision employees of benefits, participation in Ch. 41.47 agreement of state for participation of state and political subdivision employees in, employees’ contributions, OASI contribution fund Ch. 41.48 law enforcement officers’ and firefighters’ retirement system members 41.48.030 Puget Sound ferry and toll bridge system employees to be under 47.64.060 termination for coverage group 41.48.030, 41.48.050 Financial planning for retirement and consequences of early retirement department of personnel to prepare information for retirement system members eligible for early retirement 41.04.460 department of retirement systems to distribute information to members of retirement systems eligible for early retirement 41.04.460 Firefighters 1947 act generally Ch. 41.16 transfer of credit to police and relief pension system 41.20.175 [RCW Index—page 637] RETIREMENT AND PENSIONS 1955 act generally Ch. 41.18 transfer of credit to police and relief pension system 41.20.175 law enforcement officers’ and firefighters’ retirement system Ch. 41.26 volunteer firefighters’ and reserve officers’ relief and pensions Ch. 41.24 Fish and wildlife officers disability coverage 77.12.264 Funds, investment authorized Const. Art. 29 § 1 General provisions Ch. 41.04 Health care benefit plans retirement allowance deductions for, authorized 41.04.235 Health departments, county-city membership eligibility 70.08.070 Health insurance premium reduction subsidy for retired or disabled employees 41.05.085 Health maintenance organizations retirement allowance deduction, authorized for 41.04.233 Income tax pensions, exemption from execution for outof-state income tax 6.13.030 pensions, exemption from judgment for outof-state income tax 6.15.025 Increase, not prohibited as extra compensation Const. Art. 2 § 25 Individual retirement accounts transfer of spouse’s interest at death 6.15.020 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Pensions Interchange of personnel with federal government agreements 41.04.150 employment status of employees 41.04.170 retirement rights preserved 41.04.160, 41.04.170 Interest, crediting to accounts 41.50.033 Investment return loss due to error, liability 41.50.145 Investments, authorized investments Const. Art. 29 § 1 Joint committee on pension policy oversight 44.04.260 Joint operations, membership in one designated system 41.04.110 Judges suspension of retirement allowance upon reemployment, exceptions, reinstatement 41.40.690 Judges’ retirement Const. Art. 4 § 3A retirement fund investment of, authority 41.50.080 service as judge pro tempore of supreme court, effect 2.04.250 salary base for computation 2.12.030 Judge’s retirement fund contributions interest on late contributions, department authorized to charge 41.50.125 Judges’ retirement plan retirement fund transfer of state treasurer’s functions to the department of retirement systems 41.50.030 Judges’ retirement system, court of appeals 2.06.100 Judgments, execution of exemption from execution of out-of-state judgment for income tax on pension benefits 6.15.025 Judicial retirement system contributions interest on late contributions, department authorized to charge 41.50.125 retirement board benefits applications, processing 41.50.090 retirement fund investment of, authority 41.50.080 [RCW Index—page 638] tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 transfer of membership 41.40.095, 41.40.098 transfer of powers, duties, and functions to the department of retirement systems 41.50.030 Judicial retirement system, See also JUDICIAL RETIREMENT SYSTEM; RETIREMENT AND PENSIONS, subtitle Judicial retirement system Law enforcement officers and firefighters actuarial funding Ch. 41.45 contributions interest on late contributions, department authorized to charge 41.50.125 disability leave supplement 41.04.500, 41.04.505, 41.04.510, 41.04.515, 41.04.520, 41.04.525, 41.04.530, 41.04.535, 41.04.540, 41.04.545, 41.04.550 fish and wildlife law enforcement officers 41.40.096 funds, investment of, authority 41.50.080 health care authority benefit plans, eligibility to participate in 41.04.205 plan 1 retirement fund 41.50.075 plan 2 retirement fund 41.50.075 retirement board to be kept informed by department of retirement systems 41.50.090 benefits applications, processing responsibility 41.50.090 retirement fund expenses of administration, payment of fund 41.50.055 retirement system Ch. 41.26 retirement systems director actuarial evaluation 41.50.055 administration 41.50.055 data for actuarial evaluation purposes, requirement 41.50.055 expenses for administration, payment from retirement system expense fund 41.50.055 financial statement, preparation and publication 41.50.055 interest credit determination 41.50.055 mortality tables, preparation and adoption 41.50.055 powers and duties, generally 41.50.055 record of proceedings, open to public 41.50.055 rules and regulations, adoption 41.50.055 social security coverage 41.48.030 tax deferral benefits 41.04.440, 41.04.445, 41.04.450 transfer of powers, duties, and functions to the department of retirement systems 41.50.030 Life insurance trustees designation of trustee as beneficiary 11.98.170 Limitation of membership in one public retirement system 41.04.270 Mandatory assignment of divided benefits procedure 41.50.520, 41.50.570, 41.50.610, 41.50.640, 41.50.660 Mandatory assignment of retirement benefits first class cities 41.28.207 Mandatory retirement prohibited, when, exceptions 41.04.350 waiver of 41.04.350 Members estopped from membership and rights from more than one public retirement system 41.04.270 Mutual savings bank employees 32.04.080, 32.04.082, 32.04.085 Old age and survivors’ insurance acceptance of state for state, county, city and town, and political subdivision employees of benefits, participation in Ch. 41.47 agreement of state for participation of state and political subdivision employees in, employees’ contributions, OASI contribution fund Ch. 41.48 Operating agencies, security force personnel 43.52.535 Overpayments, collection determination of liability 41.50.135 employer obligations 41.50.139 subpoena power of department 41.50.137 waiver of overpayment 41.50.138 warrant, issuance and lien 41.50.136 Payments adjustment 41.50.130 Pensions exemption from judgment for out-of-state income tax 6.13.030, 6.15.025 Pilots of vessels mandatory retirement at age of seventy 88.16.102 Police officers death benefit 41.40.0931 Policemen, first class cities application of 1969 amendment 41.20.155 board of trustees compensation 41.20.040 elections 41.20.010 meetings 41.20.030 membership 41.20.010 oaths, administered by 41.20.040 officers 41.20.020 powers 41.20.040 quorum 41.20.030 terms of office 41.20.010 warrants issued by 41.20.030 witnesses, compelling attendance 41.20.040 credit military service 41.20.050 private police organization, acquired by city, prior service credit 41.20.160 death before or after retirement lump sum payment 41.20.090 pension 41.20.085 death in performance of duty 41.20.080 definitions 41.20.005 discontinuance of pension, grounds 41.20.110 drunkenness, discontinuance of pension, grounds 41.20.110 felony conviction, discontinuance of pension, grounds 41.20.110 fines and forfeitures paid into relief and pension fund 41.20.130 hospital care 41.20.120 license fees paid into relief and pension fund 41.20.130 medicare supplemental insurance board authorized to reimburse retired member for premiums paid 41.20.120 military service credit 41.20.050 private police organizations acquired by city, prior service credit 41.20.160 relief and pension fund fines and forfeitures paid into 41.20.130 how constituted 41.20.130 license fees paid into 41.20.130 payments from 41.20.140 salary deductions for 41.20.130 above grade of captain 41.20.060 retirement benefits, computations 41.20.050 retirement for disability certificate of disability 41.20.070 duty connected 41.20.060 emergency duty 41.20.100 nonduty disability 41.20.065 periodic medical examination 41.20.100 retirement for service above grade of captain, amount, computation 41.20.050 pension, amount, qualifications 41.20.050 retroactivity of increased benefits 41.20.090 return of contributions 41.20.150 rights and funds exempt from tax, execution, garnishment, etc., and unassignable 41.20.180 (2008 Ed.) RETIREMENT AND PENSIONS salary deductions for relief and pension fund 41.20.130 above grade of captain 41.20.050 sick benefits 41.20.130 surplus in fund to general fund of city 41.20.140 termination of employment, return of contributions or retention of membership 41.20.150 membership 41.20.150 transfer to police relief and pension fund system 41.20.170 transfers into system by firemen 41.20.175 vested members benefits 41.20.150 requirements 41.20.150 withdrawal of pension, grounds 41.20.110 years of service, retirement for 41.20.050 Portability of benefits calculation of service retirement allowance 41.54.030 contractual rights not affected 41.54.080 death benefits 41.54.040 definitions 41.54.010 disability allowance, calculation 41.54.032 dual members, prior systems 41.54.020 minimum and maximum benefits 41.54.070 payment of allowance and adjustments 41.54.040 public employees’ system members transferring to school employees’ system 41.54.100 restoration of contributions 41.54.020 restoration of service credit 41.54.020 surviving spouse’s death benefit, calculation 41.54.034 Public employees’ retirement plan retirement allowances annual increase amounts, legislature’s rights 41.40.183 Public employees’ retirement system actuarial funding Ch. 41.45 administration of 41.40.020 appeals, judicial review 41.40.078 appeals, no bond required 41.40.082 authority over funds, investment 41.50.080 benefit account fund 41.50.260 benefit calculation, limitation 41.40.103 benefits reduction or suspension upon reemployment 41.40.037 cadet service credit, transfer to state patrol system 41.40.092 commercial vehicle enforcement officers 41.40.748 contributions amount of 41.40.330 department may withhold refunds 41.40.280 elected officials, restoration of withdrawn contributions 41.40.262 employer 41.40.048 interest on late contributions, department authorized to charge 41.50.125 labor guild, association or organization elective official becoming member, contributions of employer 41.40.363 no contributions if no service credit 41.40.048, 41.40.330 withdrawal from system, refunds 41.40.260 cost-of-living adjustment permanent postretirement allowance adjustment 41.40.1985 cost-of-living adjustments 41.50.760 created 41.40.020 death before retirement, payment of contributions 41.40.270 death benefits accrual date 41.40.680 application 41.40.680 course of employment 41.40.0932 payment options 41.40.700 labor organizations, officers 41.40.710 definitions 41.40.010 (2008 Ed.) department of retirement systems 41.40.073 disability allowance accrual date 41.40.680 application 41.40.680 death of recipient, disposition 41.40.670 eligibility, medical examinations 41.40.670 ineligibility for disability resulting from criminal conduct 41.40.054 disability beneficiaries compensation earnable, adjustment 41.40.310 periodic examinations 41.40.310 restoration to service 41.40.320 disability in line of duty 41.40.200, 41.40.210, 41.40.220 disability not in line of duty 41.40.230 election to receive nonduty disability allowance provided in RCW 41.40.250 41.40.250 retirement allowance, amount, maximum 41.40.235 disability not in the line of duty death benefit 41.40.235 duty disability retirement recipients 41.40.038 elected officials restoration of withdrawn contributions 41.40.262 election in lieu of allowance provided in RCW 41.40.185 41.40.190 employee retirement benefits board, membership and duties 41.50.086, 41.50.088 employees’ savings fund 41.50.260 employers, termination of status 41.40.109 false statements, penalty 41.40.055 federal old age and survivors’ insurance, plan for coverage of state employees Ch. 41.41 fish and wildlife law enforcement officers 41.40.096 hearings 41.40.068 procedure 41.40.073 higher education classified employees membership in retirement system 41.40.108 interest on deposits in fund 41.50.260 investments authority over funds 41.50.080 judges and justices allowance 41.40.404, 41.40.767, 41.40.877 disability in line of duty 41.40.200 disability not in line of duty 41.40.230 discontinuing judicial retirement contributions 41.40.124, 41.40.870 district or municipal court additional benefit 41.40.127, 41.40.873 allowance 41.40.408, 41.40.770, 41.40.880 newly elected or appointed 41.40.763 earned disability allowance 41.40.670 newly elected or appointed 41.40.760 transfer to judicial retirement system 2.10.220, 2.12.100 judicial review 41.40.078 legal and medical expenses of system payment from trust funds interest 41.50.255 lump sum retirement reentry, reinstatement of service 41.40.625 members with thirty years of service irrevocable election 41.40.191 membership eligibility following reemployment 41.40.023, 41.40.037 nonelective position employees, conditions 41.40.028 persons not eligible 41.40.023 port district employees, when not eligible 53.08.170 qualifications 41.40.023 termination 41.40.150 name of system 41.40.020 notice of hearings 41.40.073 occupational disease 41.40.200 plan 1 contributions elected officials, restoration of withdrawn contributions 41.40.262 elected officials restoration of withdrawn contributions 41.40.262 military service credit 41.40.170 permanent postretirement allowance adjustment 41.40.1985 provision applicable only to members of plan 1 41.40.145 plan 1, plan 2, and plan 3 provisions applicable to 41.40.005 plan 2 effective date 41.40.920 persons to whom act applies 41.40.610 service credit labor organizations, officers 41.70.710 leaves of absence 41.40.710 military service 41.40.710, 41.70.710 terminal illness 41.40.633 plan 3 allowance computation 41.40.790 application for and effective date of allowance 41.40.801 cost-of-living calculation 41.40.840 death benefits 41.40.835 disability allowance 41.40.825 early retirement eligibility 41.40.820 extraordinary investment gains 41.31A.020 irrevocable choice 41.40.785 leaves of absence 41.40.805 lump sum payments 41.40.815 military service credit 41.40.805 payment options 41.40.845 purchased service credit 41.40.811 purchased service credit restored 41.40.830 reemployment, suspension of retirement 41.40.850 retirement eligibility 41.40.820 right to waive benefit 41.40.787 terminal illness 41.40.823 transfer period and basis 41.40.795 plan 1 retirement fund 41.50.075 plan 2 retirement fund 41.50.075 police officers, death benefit 41.40.0931 political subdivisions 41.40.062 port district employees, effect on 53.08.180, 53.08.190 postretirement allowance adjustment, permanent 41.40.1985 public safety employees’ retirement system transfer to 41.40.113 Puget Sound ferry and toll bridge system employees to be under 47.64.060 reentry 41.40.740 refund of contributions exception 41.40.730 restoration of service credit 41.40.150 retirement length of service 41.40.180 members with thirty years of service, irrevocable election 41.40.191 retirement allowance accrual date 41.40.680 application 41.40.680 retirement allowances accrual dates 41.40.193 adjustment eligibility 41.40.189 annual adjustment 41.40.1984 annual increases, eligibility 41.40.197 beneficiary, definition 41.40.1971 computation 41.40.620 cost-of-living adjustment 41.40.640 election in lieu of allowance provided in RCW 41.40.185 41.40.190 in lieu of allowance provided in RCW 41.40.185, election 41.40.190 members retiring after February 25, 1972 41.40.185 minimum 41.40.1984 nonduty disability, amount, maximum 41.40.235 [RCW Index—page 639] RETIREMENT AND PENSIONS payment options and adjustment 41.40.188, 41.40.660 permanent increase for specified beneficiaries 41.40.1986 permanent postretirement allowance adjustment 41.40.1985 reemployment, suspension of allowance 41.40.690 service, time, age, requirements 41.40.630 retirement for service early retirement 41.40.630 eligibility, time, age, requirements 41.40.630 normal retirement 41.40.630 rights exempt from taxation or legal process, exception, beneficiary may authorize certain deductions 41.40.052 rules and regulations, adoption 41.40.020 salary deductions 41.40.042, 41.50.270 school district employees, service credit, computation provisions 41.40.088 school districts declared employers, members eligible 41.40.062 school employees’ retirement system Ch. 41.35 school employees’ retirement system, transfer to 41.40.750 service credit additional, purchase of 41.40.034 eligible service 41.40.160 establishment 41.40.056, 41.40.057 establishment and restoration 41.40.104 minimum compensation requirement for elective and appointive officials 41.40.035 part time service on committees, boards, or commissions excluded 41.40.035 for periods of paid leave, including service as elected official of a labor organization 41.40.175 private enterprise acquired by public agency service 41.40.160 public utility acquired by public agency service 41.40.160 for service in Seattle police relief and pension fund system 41.40.059 terms and conditions 41.40.061 Washington State University employees, purchase of credit 41.40.163 severability 41.40.900 state treasurer statement concerning system funds 41.50.265 tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 transfer of powers, duties, functions to the department of retirement systems 41.50.030 transfer of service credit from statewide city employees system 41.40.058 trust funds, interest earnings payment of system legal and medical expenses 41.50.255 units of government, membership 41.40.109 vacation leave, accumulated retirement benefits not increased 41.40.102 vested membership 41.40.720 Washington public employees’ retirement system 41.40.020 withdrawal from system department may withhold contributions refund 41.40.280 refund of credited funds 41.40.260 workers’ compensation, effect on benefits 41.40.300 Public officers, increase in pension not extra compensation Const. Art. 2 § 25 Public retirement systems membership limited to one system 41.04.270 Public safety employees’ retirement system establishment and implementation Ch. 41.37 Public safety employees’ retirement system, See also PUBLIC SAFETY EMPLOYEES’ RETIREMENT SYSTEM [RCW Index—page 640] Public utility district employees, provisions for 54.04.050 Records correction 41.50.130 Reports employment status 41.50.139 Restoration of service authority of department to adopt rules regarding 41.50.175 Restoration rights, member notification of rights required 41.50.170 Retirement, mandatory prohibited, when, exceptions 41.04.350 waiver of 41.04.350 Retirement allowances computation 41.32.760 Retirement or termination agreements overpayments not required to be repaid 41.50.750 payment options, opportunity to change options 41.50.740 pension benefits calculation, effect on 41.50.730 Retirement system benefits applications, processing 41.50.090 Retirement systems, department of actuarial services, must be done by state actuary 41.50.090 actuarial value authority to adopt rules regarding 41.50.175 administrative expense fee, payment by employer to department 41.50.110 agencies and departments member data, report requirements 41.50.112 apportionment of budgeted funds because of transfers of retirement systems 41.50.800 assignment of benefits, mandatory departmental duties 41.50.600 benefits applications, retirement boards’ functions 41.50.090 boards to be kept informed 41.50.090 branch offices 43.17.050 compensation earnable, correction of reporting errors 41.50.131 continuation of rules, business, contracts of systems transferred to the department 41.50.801 contributions correction of erroneous deduction or pick-up of, departmental duties 41.50.132 erroneous withdrawals, restoration 41.50.155 interest, department may charge on late contributions 41.50.125 restoration of erroneous withdrawals 41.50.155 restoration rights, member notification of rights required 41.50.170 cost-of-living adjustments 41.50.760 created 41.50.020, 43.17.010 defined 41.50.010 director appointment 41.50.020, 43.17.020 chief assistant director 43.17.040 defined 41.50.010 delegation of powers, duties, and functions 41.50.060 investment of systems’ funds standards 41.50.085 judges’ retirement, duties concerning 2.12.010, 2.12.020 judicial retirement board, powers, duties and functions transferred to 2.10.052 oath 43.17.030 powers, duties, and functions 41.50.020, 41.50.050 powers and duties 43.17.030 responsibilities 41.50.060 vacancy, filling of 43.17.040 employee retirement benefits board, membership and duties 41.50.086, 41.50.088 employers, cooperation contributions 41.50.140 excess compensation employer liable for extra retirement costs 41.50.150 public notice of payment 41.50.152 exemptions from civil service 41.50.070 expense fund administrative expenses, payment of 41.50.110 funds, investment of 41.50.080 standards 41.50.085 judges’ retirement fund duties concerning 2.12.050 judicial retirement system, powers, duties, and functions transferred to the department 41.50.030 law enforcement officers’ and fire fighters’ retirement system, transfer of powers, duties, and functions to the department 41.50.030 moneys due department by employers, payment of, interest 41.50.120 office located at state capital 43.17.050 public employees’ retirement system, transfer of powers, duties, functions to the department 41.50.030 records compensation earnable, correction of reporting errors 41.50.131 restoration of service authority to adopt rules regarding 41.50.175 restoration rights, member notification of rights required 41.50.170 retention of employment rights for transferred employees 41.50.070 rules 43.17.060 rules and regulations review by appropriate retirement board 41.50.090 savings clause 41.50.803 selection and terms of existing board members not affected 41.50.040 service credit establishment and restoration of credit, conditions 41.50.165 service credit, to notify members annually of amount accumulated 41.50.065 state patrol retirement system, transfer of powers, duties, and functions to the department 41.50.030 state treasurer, judges’ retirement fund functions, transfer to the department 41.50.030 succeeds to and vested with transferred powers, duties, functions of individual retirement boards 41.50.090 teachers’ retirement system, transfer of powers, duties, functions to the department 41.50.030 transfer of funds, property, documents, etc. from systems transferred to the department 41.50.802 School districts 28A.400.240, 28A.400.250, 28A.400.260 School employees’ retirement system establishment and implementation Ch. 41.35 extraordinary investment gains 41.31A.020 public employees’ plan 2 members, transfer 41.40.750 School employees’ retirement system fund fund 41.50.075 Seattle police relief and pension fund system service credit in public employees’ retirement system for service in Seattle system 41.40.059 terms and conditions 41.40.061 Select committee on pension policy creation and membership 41.04.276 powers and duties 41.04.281 subcommittees 41.04.278 Service credit establishment and restoration of credit, conditions 41.50.165 (2008 Ed.) RETIREMENT AND PENSIONS Slayers benefits to slayer beneficiary prohibited 41.04.273 inheritance from victim prohibited Ch. 11.84 Social security acceptance of state for state, county, city and town, and political subdivision employees of benefits, participation in Ch. 41.47 agreement of state for participation of state and political subdivision employees in 41.48.030 employees’ contributions, OASI contribution fund Ch. 41.48 State actuary, See STATE ACTUARY, OFFICE OF State employee, See RETIREMENT AND PENSIONS, subtitle Public employees retirement system State employees payroll deductions 41.04.020 State investment board investment and reinvestment of funds of Washington judicial retirement system 2.10.080 State patrol accumulated contributions, payment 43.43.295 actuarial funding Ch. 41.45 allowance, spouse, remarriage, children 43.43.270 allowances 43.43.271 benefit calculation, limitation 43.43.264 cadet service credit, transfer to state patrol system 41.40.092 cadets, service credit 43.43.130 commercial vehicle enforcement officers 41.40.748 compulsory retirement age, exception 43.43.250 contributions interest on late contributions, department authorized to charge 41.50.125 contributions, maximum contributions, additional voluntary contributions 43.43.250 court ordered payments to spouse, dissolution of marriage 43.43.310 death or retirement benefits 43.43.280 definitions 43.43.120 employees 43.43.130 disability retirement, survivorship benefits, spouse, remarriage, children 43.43.270 funds, investment of, authority 41.50.080 membership while serving as state legislator 43.43.139 military service credit 43.43.260 minimum allowance 43.43.274 optional retirement age 43.43.250 reestablishment of former service credit by PERS members 43.43.137 restoration 43.43.130 retirement allowance 43.43.260 retirement board abolished, transfer of powers and duties 43.43.142 retirement option 43.43.278 service credit additional, purchase of 43.43.233 paid leave of absence 43.43.235 restoration 43.43.138 total 43.43.230 special death benefit 43.43.285, 43.43.286 survivorship benefits, remarriage, children 43.43.270 tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 transfer of powers, duties, and functions to the department of retirement systems 41.50.030 State public pension commission, See RETIREMENT AND PENSIONS, subtitle Public pension commission State retirement systems (2008 Ed.) actuarial funding, generally Ch. 41.45 contribution rates Ch. 41.45 contributions restoration of withdrawn contributions 41.50.160 retirement or termination agreements pension benefits calculation, effect on 41.50.730 service credit, members to be notified annually of amount accumulated 41.50.065 state treasurer to serve as custodian and accountant for funds and holdings of 41.50.077 Statewide city employees’ retirement membership, employees of state association of cities and towns 41.44.110 system abolished 41.44.300 transfer of service credit to public employees’ retirement system 41.40.058 Survivor benefits dissolution orders 41.50.790 Tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 Tax-qualified retirement plans loans usury law inapplicable 19.52.170 Teachers actuarial funding Ch. 41.45 annuity, purchase of additional 41.32.350 benefit calculation, limitation 41.32.063 board of trustees loans, members not to guarantee 41.50.220 medical director designated by 41.50.210 records 41.50.205 reports 41.50.205 contributions 41.32.360 death before retirement, survivorship options 41.32.520 interest on late contributions, department authorized to charge 41.50.125 payment of on withdrawal 41.32.510 contributions and purpose 41.32.380 cost-of-living adjustment 41.32.485, 41.32.770 permanent postretirement allowance adjustment 41.32.4991 death benefit fund contributions 41.32.366 death benefits application 41.32.795 course of employment 41.32.053 member not qualified 41.32.523 member qualified 41.32.522 payment, accrual date 41.32.795 definitions 41.32.010 disability allowance application 41.32.795 death of recipient, disposition 41.32.790 eligibility 41.32.790 ineligibility for disability resulting from criminal conduct 41.32.054 medical examinations 41.32.790 payment, accrual date 41.32.795 permanent, options 41.32.550 persons with annual half-time contracts 41.32.555 suspension while employed 41.32.800 temporary 41.32.540 disability reserve fund, contributions and transfers to 41.32.360 early retirement 41.32.765 educational staff associates membership in system 41.32.032 eligibility power of department to determine 41.32.025 employer contribution rates 41.32.035 falsification by member, penalty 41.32.055 federal old age and survivors’ insurance, plan for coverage of teachers under Ch. 41.33 fraud by member, penalty 41.32.055 funds, investment of, authority 41.50.080 interest on moneys in retirement system funds 41.50.215 interest on salary deductions 41.32.042 justices and judges 41.32.581, 41.32.584, 41.32.587 legislature, members of, contributions 41.32.260 legislature, members of, eligibility 41.32.263 loans, trustees not to guarantee 41.50.220 lump sum retirement allowance reentry, reinstatement of previous service 41.32.762 medical director designated by board of trustees 41.50.210 duties 41.50.210 members with thirty years of service, irrevocable election 41.32.4986 membership eligibility 41.32.032 reestablishment 41.32.802 service credit of educational staff associates 41.32.032 membership, mandatory 41.32.780 membership in system 41.32.240 termination of membership 41.32.500 transfer from one employer to another, effect 41.32.510 withdrawal, reentry 41.32.510 name of system 41.32.020 options available, allowance adjustment 41.32.530, 41.32.785 out-of-state service credits election to use to calculate time member may retire 41.32.065 purchase of additional benefits, conditions 41.32.067 overpayments, recovery of certain overpayments prohibited 41.50.133 part-time employees 41.32.345 plan 1, plan 2, and plan 3, provisions applicable to 41.32.005 plan 1, plan 2, and plan 3 retirement funds 41.50.075 plan 1, provisions applicable to 41.32.215 plan 2 death benefits 41.32.805 membership, choice 41.32.835 provisions applicable to 41.32.755 service credit armed forces service 41.32.810 leave of absence; paid, unpaid, or military service 41.32.810 one-time purchase 41.32.813 plan 3 additional incentive payment, conditions 41.32.8401 application and effective date 41.32.855 contributions, rates and distribution Ch. 41.34 cost-of-living allowance 41.32.845 death benefits 41.32.895 disability allowance 41.32.880 elements of plan 41.32.831 eligibility for retirement 41.32.875 lump sum payments 41.32.870 membership, choice 41.32.835 payment options 41.32.851 plan 2 restored or purchased service credit, transfer to plan 3 41.32.892 purchased service credit allocation 41.32.867 one-time purchase 41.32.868 reduction or suspension of pension on reemployment 41.32.862 reestablishment of membership 41.32.862 retirement allowance, computation 41.32.840 right to waive benefit 41.32.837 service credit for leaves of absence 41.32.865 suspension upon reemployment 41.32.860 transfer to plan 3 41.32.817, 41.32.818 postretirement allowance adjustment, permanent 41.32.4991 postretirement employment 41.32.570 [RCW Index—page 641] RETIREMENT SYSTEMS, DEPARTMENT OF prior service credit, contributions 41.32.390 provisions applicable to plan 1 41.32.215 provisions applicable to plan 1, plan 2, and plan 3 41.32.005 reduction or suspension of pension on reemployment 41.32.570, 41.32.802 reentry 41.32.825 refund of contributions exceptions 41.32.820 retired teacher reentering system 41.32.044 retirement allowances adjustment for certain beneficiaries 41.32.4872 annual adjustment 41.32.4851 annual increases, eligibility 41.32.489 application 41.32.795 cost-of-living adjustment 41.32.485, 41.32.770 election of options 41.32.497, 41.32.498 eligibility, service, time, age 41.32.765 eligibility for 41.32.470 exemption from taxation and judicial process, exception 41.32.052 how computed 41.32.480, 41.32.497, 41.32.498 minimum 41.32.4851 minimum, post-retirement adjustment, computation 41.32.485 payment, accrual date 41.32.795 permanent postretirement allowance adjustment 41.32.4991 premium deduction authorized group health care plan 41.32.052 qualifications 41.32.480 suspension while employed 41.32.800 retirement or termination agreements overpayments not required to be repaid 41.50.750 payment options, opportunity to change options 41.50.740 rights of prior members not receiving social security 41.32.4931 rights unassignable and exempt from taxes and legal process, exception 41.32.052 salary consequences 28A.400.220 salary deductions 41.32.042, 41.50.235 school districts, reports to board 41.50.230 service credit additional, purchase of 41.32.066 armed forces service 41.32.810 creditable service 41.32.340 establishment and restoration 41.32.064 half-time employment 41.32.812 leave of absence, paid or unpaid 41.32.810 legislative service 41.32.260 military service 41.32.260 for periods of paid leave, including service as elected official of a labor organization 41.32.267 prior service out-of-state 41.32.300 subsequent professional preparation 41.32.330 teaching service 41.32.270 time limit for claiming prior service credit and making payments 41.32.310 state officials, eligibility 41.32.263 substitute teachers service credit, application for 41.32.013 substitute teachers and principals reduction or suspension of pension payments 41.32.570 tax deferral benefits 41.04.440, 41.04.450, 41.04.455 tax deferral benefits, exceptions 41.04.445 teachers’ retirement pension reserve sources of and purpose 41.32.380 teachers’ retirement system plan 1 fund and subdivisions created 41.50.200 time limit for claiming prior service credit and making payments 41.32.310 [RCW Index—page 642] transfer of powers, duties, and functions to the department of retirement systems 41.50.030 vacation leave, accumulation of retirement benefits not increased 41.32.062 vested membership 41.32.815 Teachers, See also RETIREMENT AND PENSIONS, subtitle Colleges and universities Teachers—1977 act payroll officer, duties 41.50.240 Transportation systems, acquisition by municipal corporations 54.04.160 Unemployment compensation, pension payments, effect on eligibility and determining base year earnings, reduction in benefits 50.04.323 Veterans, fees for administering oaths or giving certificates prohibited, penalty 73.04.010, 73.04.020 Volunteer firefighters’ and reserve officers’ relief and pensions Ch. 41.24 Washington public employees retirement system, See RETIREMENT AND PENSIONS, subtitle Public employees retirement system RETIREMENT SYSTEMS, DEPARTMENT OF (See also RETIREMENT AND PENSIONS, subtitle Retirement systems, department of) Financial planning for retirement and consequences of early retirement department to distribute information to members eligible for early retirement on 41.04.460 Interest, crediting to accounts 41.50.033 Overpayments, collection determination of liability 41.50.135 employer obligations 41.50.139 subpoena power of department 41.50.137 waiver of overpayment 41.50.138 warrant, issuance and lien 41.50.136 REVENUE, DEPARTMENT OF (See also TAXES - ADMINISTRATION) Appraisers and appraisals continuing education requirements for persons assessing real property 36.21.015 qualifications and examination of persons assessing real property 36.21.015 Assistance to agencies 82.01.100 Automotive repair statutes, duties relating to 46.71.090 Branch offices 43.17.050 Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Corporations foreign nonprofit miscellaneous withdrawal, revenue clearance 24.06.415 withdrawal, revenue clearance 24.03.370 nonprofit dissolution, voluntary articles of 24.03.240 notice of 24.03.220 Created 82.01.050 Creation as state department 43.17.010 Delegation of authority 82.01.080 Director appointment 43.17.020 chief assistant director 43.17.040 community economic revitalization board membership 43.160.030 oath 43.17.030 powers and duties 43.17.030 vacancy 43.17.040 Duties 82.01.060 Economic assistance duties transferred from authority 43.31A.400 Escheats notices, reports furnished to 11.08.170 payment of funds to claimant 11.08.260 probate proceedings decree, copy furnished to 11.08.220 notice to 11.08.170, 11.08.180 waiver of right to administer estate 11.08.170 supervisory powers and duties and jurisdiction 11.08.160 transfer of property to 11.08.300 Estate and transfer tax, duties Ch. 83.100 Exemptions impact 82.01.115 Federal employer identification numbers and other credentials, contract to issue conditional documents 82.02.200 Financial institutions claiming tax exemption notify public deposit protection commission 39.58.045 Firearms dealers license and registration required 9.41.100 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 Guardianship, limited guardianship, duty to notify of appointment 11.88.115 High capacity transportation systems tax collection, contract for 81.104.190 High technology businesses tax credits and deferrals Ch. 82.63 Impact fees limitations 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100 voluntary agreements 82.02.020 Lottery prize winnings set-off by debts owed state 67.70.255 Nonprofit miscellaneous and mutual corporations dissolution 24.06.260, 24.06.275 Office maintained at state capital 43.17.050 Outdoor music festivals, duties concerning 70.108.140 Privilege tax, public utility districts distribution 54.28.055 duties 54.28.040, 54.28.050 Probate escheats, See REVENUE, DEPARTMENT OF, subtitle Escheats guardianship, limited guardianship, duty to notify of appointment 11.88.115 personal representatives, duty to notify 11.28.238 Public improvement contracts certificate on acceptance 60.28.050 certification to disbursing officer 60.28.060 satisfaction of contractor’s taxes 60.28.060 Public utility districts privilege tax, duties 54.28.040 thermal electric generating facilities 54.28.055 Public utility districts, privilege tax, duties 54.28.050 Rules 43.17.060 Rules compliance technical assistance program Ch. 43.05 Safe deposit boxes, See SAFE DEPOSIT BOXES Staffing authority 82.01.070 State preemption 82.02.020 State publications advertisers placing advertisements in state publications, prerequisites for placing 40.07.070 Tax exemptions biennial listing to legislature 43.06.400 revenue reduction report 43.06.400 Taxpayer defined 82.02.010 Timber, See TIMBER Unclaimed property, See also UNCLAIMED PROPERTY Unclaimed property, uniform act administrative costs 63.29.230 claims another state 63.29.250 challenge in superior court 63.29.260 (2008 Ed.) RIOTS filing and payment procedure 63.29.240 paid from trust fund 63.29.230 confidential, records and information 63.29.380 crediting of dividends, interest, or increments to owner 63.29.210 enforcement court action by 63.29.320 examination and requests by department of possible holders 63.29.300 foreign transactions 63.29.360 funds to be deposited in general fund 63.29.230 interstate agreements, cooperation, and reciprocity authorized 63.29.330 liability delivery to department transfers 63.29.200 notice and publication, information about property 63.29.180 payment or delivery department may decline 63.29.270 department may destroy 63.29.280 prior to abandonment 63.29.270 payment or delivery of abandoned property to department 63.29.190 penalties, interest 63.29.340, 63.29.350 prospective application 63.29.900 public sale proceeds to general fund 63.29.230 public sale of abandoned property 63.29.220 report of confidential 63.29.380 retention of records by holder 63.29.310 report of abandoned property requirements 63.29.170 rule adoption authority 63.29.370 statute of limitations 63.29.290 Vehicle licensing fraud account 46.68.250 REVENUE AND TAXATION (See TAXES ADMINISTRATION) REVENUE BONDS (See BOND ISSUES) REVENUE RECOVERY (See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Revenue recovery) REVENUE STAMPS Alcoholic beverages, See ALCOHOLIC BEVERAGES, subtitle Revenue stamps REVIEW, WRIT OF (See CERTIORARI) REVISED CODE OF WASHINGTON 1950 supplement 1.04.013 Abbreviations 1.04.040 Amendment or repeal to include reference to code number 1.08.050 Certification of official code 1.08.040 Citation of 1.04.040 Codification of laws 1.08.015 Contents 1.04.010 Contracts for publication and distribution 1.08.039 Enacted 1.04.010 Enactment of titles, chapters, sections 1.08.026 Index 1.08.020 Legislative members to receive sets without charge 1.08.070 Loans and exchanges of sets 1.08.060 New laws added to 1.04.030 Numbering system 1.04.014, 1.04.015, 1.04.016 Omission of certain sections of acts 1.08.017 Prima facie evidence of law 1.08.040 Publication and distribution 1.08.037, 1.08.038 Respectful language requirements 44.04.280 Rules of construction code is evidence of the law 1.04.020 contents are prima facie law, when 1.04.021 laws, previously existing, to control 1.04.020, 1.04.021 Rules of court, inclusion 1.08.024 Sale 1.08.038 (2008 Ed.) REVISER (See CODE REVISER) REVISORY JURISDICTION (See JURISDICTION) REVIVAL OF JUDGMENTS (See JUDGMENTS, subtitle Revival of) REVOLVING FUNDS (See FUNDS; PUBLIC FUNDS) REWARDS County, city, town, or port authority to offer 10.85.030 conflicting claims 10.85.040 payment 10.85.050 Governor power to offer reward, limitation on amount 43.06.010 record of to be kept 43.06.020 RIDE SHARING (See MOTOR VEHICLES, subtitle Ride sharing) RIDERS Insurance conflict with standard provisions 48.18.130 effect of, construction of policies 48.18.520 form of disapproval, grounds for 48.18.110 validity of, noncomplying 48.18.510 forms filing and approval certification and noncertification 48.18.100 RIGHT OF ENTRY Canal companies 81.36.020 Cities and towns, canals and ditches, authority for 35.43.045 County planning commission, surveys and examination 36.70.500 County road improvement districts 36.88.390 Ejectment and quieting title actions, order for entry to survey property 7.28.200 Electric franchise and right of way for transmission lines 80.32.070 Elevators, lifting devices and moving walks, right of entry for inspections 70.87.120 Flood control districts, plans and planning, right of entry for surveys 86.09.226 Forestry products, right of entry to retake branded products 76.36.100 Geological surveys 43.92.080 Horticultural plants and products inspection 15.17.190 Labor and industries department director or employees right of, refusal, penalty 43.22.310 Mines and mining corporations 78.04.015 Railroads authorized over school, university, and state granted lands 81.36.020 grade or location changes 81.36.050 right of way, telecommunications companies may enter 80.36.030 School lands, railroads and canal companies 81.36.020 State lands, railroads and canal companies 81.36.020 Street railways 81.64.050 Telecommunications companies 80.36.020, 80.36.030 Transportation, department of 47.01.170 RIGHT OF WAY Approach roads or appurtenances to, permits for building, See HIGHWAYS, subtitle Obstructions on highway right of way Appropriation of property for Const. Art. 1 § 16 Cities and towns acquisition for pedestrian malls 35.71.070 pea patches, electrical transmission lines 35.92.370 pedestrian malls, acquisition for 35.71.070 County roads and bridges cattle guards 36.55.020 freehold petitioners securing 36.81.030 generally Ch. 36.85 pipe line franchises 36.55.010 standard widths 36.86.010 wire line franchises 36.55.010 Diking districts, power to acquire 85.05.080 Donations for traffic improvements credit against required improvements 35A.21.240, 36.32.510 transportation improvements advertising signs on donated parcels 47.14.040 credit against assessments 35.44.420, 36.88.145 credit against benefit district assessment 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 Donations for transportation improvements 35.21.880 Eminent domain by corporation railway right-of-way through canyon, pass, or defile 8.20.140 Flood control districts, across state land 86.09.232 Highway right of way, removal of obstructions on, See HIGHWAYS, subtitle Obstructions on highway right of way Highways, See HIGHWAYS, subtitle Right of way Intercounty diking and drainage districts, acquisition 85.24.263 Irrigation districts, crossing other property 87.03.455 Public lands, easements or right of way over, See PUBLIC LANDS Railroads assessment by city 35.85.030 eminent domain by corporation 8.20.140 must allow use of for construction of lines Const. Art. 12 § 19 Telecommunications and cable service use 35A.21.245 Telecommunications and cable television service use Ch. 35.99 Telephone and telegraph companies Const. Art. 12 § 19 United States survey markers on highway rights of way, restoration of 47.36.010 RIGHT TO COUNSEL Grand jury 10.27.120 RIGHTS Employment contracts, remedy for violation 49.36.020 Freedom of religion Const. Art. 26 § 1 Fundamental principles, recurrence is essential Const. Art. 1 § 32 Incapacitated persons involuntary residential placement prohibited 11.92.190 residential placement, notice 11.92.190 Other rights not denied Const. Art. 1 § 30 Political power, inherent in people Const. Art. 1 §1 Vested effect of street vacation 35.79.050 in tidelands, protected Const. Art. 17 § 1 Water, See also WATER AND WATER RIGHTS RIGHT-TO-KNOW ADVISORY COUNCIL (See WORKER AND COMMUNITY RIGHT TO KNOW) RIOTS Cities and towns, second class cities, prevention and control of 35.23.440 Governor, power to suppress 43.06.010 Homicide, committed in suppression of, justifiable 9A.16.040 Riot reinsurance reimbursement, duties relating to 48.58.010 [RCW Index—page 643] RIPARIAN ECOSYSTEMS Sheriffs, duty in regard to 36.28.010 State of emergency, See STATE OF EMERGENCY RIPARIAN ECOSYSTEMS Forest practices streamside vegetation liability limited 76.09.330 RISK MANAGEMENT DIVISION Advisory committee membership and duties 4.92.230 Claims against state, filing, payment 4.92.040 Created, powers and duties 43.41.300 Definitions 43.41.290 Director tort claims against state presented and filed with 4.92.100 Insurance and bonds, procurement 43.41.310, 43.41.320 Liability account actuarial studies 43.41.340 Local government reimbursement claims 4.92.280 Management program claim tracking and review 4.92.210 construction of chapter 4.92.260 definitions 4.92.006 indemnification agreements 4.92.270 settlements, approval by responsible agency 4.92.210 Policy guidance 43.41.280 Public funds, authorized investment duties 43.41.330 Risk management administration account 4.92.220 Risk manager delegation of powers and duties 4.92.250 Safety and loss control program 43.41.350 Tort claims against state authorization and payment 4.92.160 Tort claims against state presented and filed with 4.92.110 RISK RETENTION GROUPS Business requirements 48.92.040 Chartering requirements 48.92.030, 48.92.040 Commissioner authority 48.92.100 Countersigning not required 48.92.060 Definitions 48.92.020 Federal injunctions 48.92.130 Insolvency guaranty fund participation prohibited 48.92.050 License required, when 48.92.120 Mandatory participation, joint underwriting associations and pools 48.92.050 Penalties 48.92.110 Prohibited practices 48.92.040 Purchasing groups aggregate limits 48.92.090 dealing with foreign insurers 48.92.090 deductible or self-insured retention, restrictions on 48.92.090 exemption from certain laws 48.92.070 notice and registration requirements 48.92.080 premium taxes, requirements regarding imposition, obligation, and member’s liability 48.92.095 Rule-making authority 48.92.140 RIVER AND HARBOR IMPROVEMENT DISTRICTS Assessments 88.32.040, 88.32.060, 88.32.070, 88.32.080, 88.32.090, 88.32.100 Authorization 88.32.010 Bonds 88.32.170 bond owner’s rights 88.32.170 execution 88.32.160 issuance and payment 88.32.140 Canals and ditches, crossing or along 81.36.040 Improvement commission, appointment by county commissioners 88.32.020, 88.32.030 Joint improvements by counties assessments 88.32.210 [RCW Index—page 644] authorization 88.32.180 indebtedness 88.32.230 joint board of equalization 88.32.200, 88.32.220 planning process 88.32.240, 88.32.250 procedure 88.32.190 Local improvement fund, disbursements 88.32.130 RIVER IMPROVEMENT FUND Counties expenses to be paid for 86.12.033 taxation for, flood maintenance account 86.12.010 RIVERS AND STREAMS Abandoned channels, granting of state title to county 86.13.110 Canals, crossing or building along 81.36.040 Cities and towns pollution protection 35.88.010 towns, control of 35.27.370 Cities and towns adjacent to, jurisdiction 35.21.160 Construction projects in state waters Ch. 77.55 Counties flood control 36.32.280, 36.32.290, Ch. 86.12, Ch. 86.13 obstruction removal 36.32.290 regulation of 36.32.280 tree removal 36.32.300 County boundaries, bridges across 36.75.160 County improvements for flood control causing river to change course, title and interest of state in abandoned channel granted to improving county 86.12.034 Dams authorization 90.28.170 Depositing unwholesome matter in, a public nuisance, penalty 9.66.050 Diking and drainage districts, See DIKING AND DRAINAGE Fencing across 90.28.160 Ferries, privately owned, generally Ch. 36.53 Fishways, flow, and screening Ch. 77.57 Flood control, counties Ch. 86.12, Ch. 86.13 Forest practices, log and debris jams, removal from streams 76.09.280 Freshwater aquatic algae control account, program 43.21A.667 Freshwater aquatic weeds management program 43.21A.660, 43.21A.662 Geological survey of the state, gauging of streams 43.92.020 Hydraulic projects and permits Ch. 77.55 Improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Navigable, cities and towns drawbridge across 35.74.040 Navigation, obstructing 88.28.050 Nuisances, obstruction of 7.48.010 Obstructing nuisance 7.48.120 Obstructing or interfering with, public nuisance, penalty 9.66.010 Obstructions removal by counties 36.32.290 Polluted and environmentally sensitive waters, identification and designation 79A.60.520 Port districts, improvement and regulation 53.08.060 Public nuisances concerning 7.48.120, 7.48.140, 9.66.010, 9.66.050 Public utility districts, water rights in regard to 54.16.050 Public waterway districts, See PUBLIC WATERWAY DISTRICTS Railroads authority to construct bridge over navigable stream 81.36.100 crossing or building along 81.36.040 Reclaimed water use streamflow augmentation 90.46.100 Regulations, counties 36.32.280 River and harbor improvements, planning and funding Ch. 88.32 Scenic river system criteria for inclusion 79A.55.050 definitions 79A.55.010 designation 79A.55.070 fish and wildlife department authority 79A.55.060 management and development 79A.55.020 national wild and scenic river system 79A.55.080 parks and recreation commission, powers and duties 79A.55.030 state and local government agencies, compliance 79A.55.040 wildlife fund moneys not to be used 79A.55.090 Shoreline management act Ch. 90.58 Soil and water conservation districts, See CONSERVATION DISTRICTS State right, title and interest in, diking districts, granting to 85.05.082 Stream banks, prevention of washing 85.05.230, 85.05.240 Stream patrolmen, appointment, powers, and compensation Ch. 90.08 Trees on bank, removal by counties 36.32.300 Water appropriation for public and industrial purposes Ch. 90.16 Water flows or levels, establishment of minimum Ch. 90.22 Water pollution control Ch. 90.48 Water resources act Ch. 90.54 Water rights determination and appropriation Ch. 90.03 registration, waiver, and relinquishment Ch. 90.14 United States water rights Ch. 90.40 Water rights, See also WATER AND WATER RIGHTS Watercraft adrift, See also VESSELS AND SHIPPING Wharves, docks, and landings Ch. 88.24 Whitewater passenger vessels, regulation Ch. 79A.60 Yakima river basin water rights Ch. 90.38 ROAD DISTRICTS Annexation of, notice, disposition of taxes 35.13.270 Island counties in, refund to of motor vehicle license fees and fuel tax 46.68.080 Vacancy in office, how filled Const. Art. 11 § 6 ROADS (See HIGHWAYS; STREETS AND ALLEYS; TRAFFIC) ROADS AND BRIDGES (See also BRIDGES; HIGHWAYS) Counties, See COUNTY ROADS AND BRIDGES Emergency information telephone services accessibility from all phones 43.17.230 Flaggers safety standards 49.17.350 Forest and forest products maintenance by county 36.82.140 Highway improvements necessitated by planned economic development procedures 43.160.074 Improvement or construction is prerequisite to development alternative financing methods 35.72.050 contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Incorporation of cities or towns roads, county, revert to city or town 35.02.180 Obstructing or interfering with, public nuisance, penalty 9.66.010 Opening, altering, by special law prohibited, exceptions Const. Art. 2 § 28 Private or driveways defined 36.75.010 Public (2008 Ed.) RURAL ARTERIAL PROGRAM diking districts, benefit to, payment for 85.07.040, 85.07.050 rights of way along 85.05.080, 85.05.250 Real property acquisition policy Ch. 8.26 Relocation assistance persons displaced by public works programs Ch. 8.26 Roads private or driveways motor vehicle law 46.04.420 Roadways, defined 36.75.010, 46.04.500 Rural arterial program, See RURAL ARTERIAL PROGRAM Transportation improvement programs, See TRANSPORTATION IMPROVEMENT PROGRAMS Waters backed and held over roadways for public purposes 90.28.010, 90.28.020 ROCK FESTIVALS (See OUTDOOR MUSIC FESTIVALS) RODENTS AND PESTS (See also INSECTS) Insect pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Integrated pest management definitions 17.15.010 implementation of practices 17.15.020 interagency coordinating committee membership 17.15.030 organization and duties 17.15.030 training and coordination 17.15.030 Invasive species council Ch. 79A.25 Mosquito control districts, organization and duties Ch. 17.28 Pest control compact Ch. 17.34 Pest districts, organization and operation Ch. 17.12 Pesticide application act Ch. 17.21 ROLL ON COLUMBIA, ROLL ON State folk song 1.20.073 ROOFING CONTRACTORS Sales and contract practices regulated Ch. 19.186 ROOMING HOUSES (See BOARDING AND LODGING HOUSES) ROYALTIES Tax imposed 82.04.2907 Trade secret misappropriation Ch. 19.108 RULES AND REGULATIONS (See also ADMINISTRATIVE PROCEDURE) Administrative hearings, office of procedural conduct of hearings 34.12.080 Adoption at open public meeting required 42.30.060 Agency rule-making activity, quarterly report 1.08.112 Agriculture, department of 43.17.060 Children with multiple handicaps medical service program promulgation, required, when 74.26.040 Civil defense, See EMERGENCY SERVICES, DEPARTMENT OF Civil service city fire fighters 41.08.040 state employees 41.04.160 Community, trade, and economic development, department of 43.17.060 Compliance technical assistance programs Ch. 43.05 Corrections, department of 43.17.060 Counties, plans and planning, board of adjustment 36.70.280 Diking and drainage improvement districts, generally 85.08.680 Ecology, department of 43.17.060 Fish and wildlife, department of 43.17.060 Food, drug and cosmetic act, See FOOD, DRUG AND COSMETIC ACT Gender-neutral language all publications and rules 43.01.160 General administration, department of 43.17.060 (2008 Ed.) Health, state board of duty of public officers to enforce, penalty 43.20.050 Health care activities labor relations, procedure 49.66.080 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Rules Insurance, See INSURANCE, subtitle Rules and regulations Judicial review of agency action award of fees and expenses 4.84.350 definitions 4.84.340 land use decisions, appeals and award of fees and costs 4.84.370 payment of fees and expenses, report 4.84.360 Labor and industries, department of 43.17.060 Land use decisions appeals and award of fees and costs 4.84.370 Licensing, department of 43.17.060 Metropolitan municipal corporations metropolitan council 35.58.130 powers adoption of 35.58.360 enforcement of 35.58.360 Municipal courts 35.20.140 Natural resources, department of, navigable waters, wood debris removal, authority to adopt and enforce rules 76.42.070 Public disclosure commission, See PUBLIC OFFICERS AND EMPLOYEES, subtitle Disclosure—Campaign financing— Lobbying—Records Regulatory fairness, See REGULATORY FAIRNESS Retirement systems, department of 43.17.060 Revenue, department of 43.17.060 Social and health services, department of 43.17.060 Teachers’ certification 28A.410.060 Technical assistance programs to encourage compliance Ch. 43.05 Transportation, department of 43.17.060 Veterans affairs, department of 43.17.060 RULES OF CONSTRUCTION Attachment chapter to be liberally construed 6.25.280 Common law to supplemental penal statutes 9A.04.060 Criminal Code application of general provisions of Criminal Code 9A.04.090 culpability substitutes for criminal negligence, recklessness, and knowledge 9A.08.010 false swearing statement of what one does not know to be true 9A.72.080 perjury statement of what one does not know to be true 9A.72.080 tense, gender, number 9A.04.110 Evidence, rules of construction as court function 4.44.080 Facts, question of to be decided by jury 4.44.090 Forcible entry and detainer actions 59.12.180 Gender 1.12.050 Indictments and informations statutes, equivalent words may be used 10.37.160 words and phrases used in 10.37.190 Insurance code, generally 48.01.150 Metropolitan municipal corporations, liberality of 35.58.900 Municipal local improvement 35.43.020 Number and gender, probate law 11.02.005 Officer defined 1.16.065 Person defined 1.16.080 Plural, singular 1.12.050 Questions of fact to be decided by jury 4.44.090 Questions of law to be decided by court 4.44.080 Revised Code of Washington code is evidence of the law 1.04.020 contents are prima facie law 1.04.021 laws, previously existing, to control 1.04.020, 1.04.021 Statutes continuation 1.12.020 court function 4.44.080 internal references including amendments thereto, exceptions 1.12.028 liberally construed 1.12.010 month defined 1.16.060 multiple amendments, correction 1.12.025 officer defined 1.16.065 person defined 1.16.080 repealed without reference to amendment, correction 1.12.025 retrospective application of construction statute 1.12.026 Statutory references to 500,000 population deemed to be 400,000 35.21.780 Time computation 1.12.040 Wills intent of testator controls 11.12.230 "wills" includes codicils 11.02.005 RULES OF COURT Conflict with statutes, rules govern 2.04.200 Court of appeals settlement conferences 2.04.215 Inclusion in Revised Code of Washington 1.08.024 Laws in conflict with rules, effect 2.04.200 Pleading, practice, and procedure, authority of supreme court to promulgate 2.04.190 Superior courts assignment of business of Const. Art. 4 § 5 authority to establish supplemental rules 2.04.210 judges may establish and amend rules for government Const. Art. 4 § 24 judges to establish rules for government of 2.08.230 settlement conferences 2.04.215 superior court judges’ association may establish and amend 2.16.040 Supreme court rules, adopted, not published to be included in state register 34.08.020 rules of pleading, practice, and procedure prescribed by 2.04.190 rules of practice and forms of process promulgated by 2.04.190 RULES OF PLEADING, PRACTICE AND PROCEDURE (See RULES OF COURT) RULES OF THE ROAD (See MOTOR VEHICLES, subtitle Rules of the road) RULES REVIEW COMMITTEE (See ADMINISTRATIVE PROCEDURE, subtitle Rules review committee) RULINGS (See DECISIONS; DECREES; JUDGMENTS) RUM (See ALCOHOLIC BEVERAGES) RUNAWAYS Interstate compact on juveniles Ch. 13.24 RUNNING AT LARGE (See LIVESTOCK) RUNNING START PROGRAM (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Running start program) RURAL ARTERIAL PROGRAM Appeals board decisions 36.79.170 Board appeal by county 36.79.170 budget approval 36.79.140 contract authority for services 36.79.070 coordination with transportation improvement board 36.79.110 duties 36.79.060 expenses 36.79.070 hearings 36.79.170 six-year construction programs [RCW Index—page 645] RURAL COUNTY LIBRARY DISTRICTS review and revision 36.79.090 Budget board approval of expenditures 36.79.140 rural arterial trust account 36.79.130 Coordination with municipal and state projects 36.79.100 Coordination with transportation improvement board 36.79.110 Definitions 36.79.010 Eligibility to receive funds conditions 36.79.140 Funds allocation to projects 36.79.150 withholding for noncompliance 36.79.150 Hearings board decisions 36.79.170 Matching funds 36.79.120 Priorities 36.79.080 Rural arterial trust account created in the motor vehicle fund 36.79.020 expenditures need board approval 36.79.140 formula for apportionment 36.79.040, 36.79.050 fund allocation to projects 36.79.150 funds apportionment of 36.79.030, 36.79.040, 36.79.050 matching funds 36.79.120 payment from 36.79.160 regions established for fund apportionment 36.79.030 withholding of funds for noncompliance 36.79.150 Six-year construction programs prioritize 36.79.080 review and revision by board 36.79.090 RURAL COUNTY LIBRARY DISTRICTS (See LIBRARIES, subtitle Rural county library districts) RURAL DEVELOPMENT (See also ECONOMIC DEVELOPMENT) Distressed county assistance account 82.14.380 Public facilities local sales and use tax 82.14.370 RURAL HEALTH CARE Certificate of need exemptions 70.38.111 services and facilities subject to 70.38.105 Community-based sealant programs in schools 18.29.220, 18.32.226 Definitions 70.175.020, 70.180.011 Facilities certificate of need exemptions 70.38.111 services and facilities subject to 70.38.105 consultative advice from department of health 70.175.140 hospital, not to be considered a 70.175.120 licenses facility formerly licensed as hospital, requirements and exceptions 70.41.090 increase in number of beds, conditions 70.41.090 licensure rules, adoption by department of health 70.175.100 licensure rules, requirements 70.175.110 rural health care plan 70.175.130 Health care professionals legislative finding 70.180.005 recruitment and retention area health education centers 70.185.100 community contracted student educational positions 70.185.090 community-based recruitment and retention projects, department of health duties 70.185.030 definitions 70.185.010 health professional recruitment and retention clearinghouse 70.185.020 misuse of grant funding, penalty 70.185.080 participants authorized to contract 70.185.080 [RCW Index—page 646] participating communities’ responsibilities and duties 70.185.060 rules, department of health to adopt 70.185.040 secretary of health exempt from liability 70.185.080 secretary of health’s powers and duties 70.185.050 state agency cooperation 70.185.070 state exempt from liability 70.185.080 rural training opportunities legislative finding 70.180.009 plan development 70.180.110 temporary substitute resource pool 70.180.020 conditions of participation 70.180.030 gifts and other payments, acceptance and use by health department 70.180.040 registry of available health care professionals 70.180.030 request procedure 70.180.040 University of Washington, funding of additional expenditures required by act 70.180.130 Health care service arrangements authority to operate, requirements 48.45.020 definitions 48.45.010 Health insurance insurance commissioner to make recommendations on providing 48.45.007 legislative findings 48.45.005 rural health care service arrangements authority to operate, requirements 48.45.020 insurance commissioner, rule-making authority 48.45.030 Health professional conditional scholarship program Ch. 28B.115 Legislative findings 70.175.010 Midwives access to services, statewide plan 70.180.120 Rural health access account 43.70.325 Rural health care plan 70.175.130 Rural public hospital districts cooperative agreements and contracts 70.44.450 definition 70.44.460 University of Washington medical school preferential admissions for students from rural areas 28B.20.500 Washington rural health system project contracting authority, department of health and welfare 70.175.080 cooperation of state agencies 70.175.070 establishment and implementation 70.175.030 participating communities contracts for technical services 70.175.090 powers and responsibilities 70.175.060 powers and duties, department of health 70.175.050 rule-making authority, department of health 70.175.040 RURAL HOUSING PROJECTS (See HOUSING, subtitle Rural housing projects) RURAL LIBRARY DISTRICTS (See LIBRARIES) RURAL NATURAL RESOURCES IMPACT AREAS Environmental and forest restoration Ch. 43.21J Rural development council, successor organization 43.31.859 Rural loan fund definitions 43.168.020 SABOTAGE Acts constituting 9.05.060 Assemblages of criminal saboteurs 9.05.030 Defined, penalty 9.05.060 Provisions relating to cumulative 9.05.090 SACRAMENTAL LIQUORS AND WINES (See ALCOHOLIC BEVERAGES, subtitle Sacramental liquors or wines) SAFE DEPOSIT BOXES Bank or trust company liquidation, disposition of safe deposit box contents 30.44.190 Leases provisions ineffective to create joint tenancy or ownership transfer at death 11.02.130 Leases of, terms and liabilities 22.28.030 Opening care to prevent 22.28.030 nonpayment of rent, procedure upon 22.28.040 Savings and loan associations, powers as to 33.12.010 Unclaimed property 63.29.160 SAFE DEPOSIT COMPANIES Care required 22.28.030 Definitions 22.28.010 Safe deposit boxes destruction of paper contents 22.28.060 leases of, terms and liabilities 22.28.030 opening care to prevent 22.28.030 death of lessee Ch. 22.28 nonpayment of rent, procedure upon 22.28.040 retention of paper contents, period for 22.28.060 Warehouse receipts, Uniform Commercial Code, Article 7 22.28.020 SAFETY AND HEALTH (See HEALTH AND SAFETY; INDUSTRIAL SAFETY AND HEALTH) SALARIES AND WAGES (See also EXPENSES AND PER DIEM; WAGES) Actions to recover, attorneys fee 49.48.030 Administrative hearings, office of 34.12.100 Administrator for the courts 2.56.010 Change of, during term of public officer prohibited Const. Art. 2 § 25 exceptions Const. Art. 11 § 8 Chaplains, state-employed housing allowance 41.04.360 Cities and towns commission governments officers and employees 35.17.120 first class cities, council members 35.22.200 overpayment, recovery 49.48.200 salary commissions 35.21.015 Cities and towns, See also CITIES AND TOWNS, subtitle Budgets Citizens’ commission on salaries for elected officials district court judges 3.58.010 duties 43.03.010, 43.03.310 legislative declaration, purpose 43.03.300 membership, terms, vacancies 43.03.305 schedule of salaries 43.03.310 travel expenses 43.03.310 Comparable worth, See COMPARABLE WORTH Complaints administrative appeal 49.48.084 collection procedure 49.48.086 definitions 49.48.082 employee termination of action 49.48.085 investigation, duty 49.48.083 rules, authority 49.48.087 County officers and employees Const. Art. 11 § 5, Const. Art. 11 § 8 biweekly pay periods 36.17.042 classification of counties in fixing compensation Const. Art. 11 § 5 compensation 36.17.010 deductions from salaries for United Good Neighbors authorized 36.17.045 draw day 36.17.040 generally Ch. 36.17 minimum wages 49.46.010 (2008 Ed.) SALARIES AND WAGES officers, generally 36.17.020 overpayment, recovery 49.48.200 payment of 36.17.040 salary fund 36.33.060 warrant withholding, when 36.17.050 Court commissioners 2.24.030 Deductions and employer’s contribution, employee benefit plans employer as trustee 49.52.010 trust funds 49.52.010 Director of financial management 43.41.060 District court judges 3.58.010 District courts payment of 3.58.030 District judge part time 3.58.020 District officers Const. Art. 11 § 5, Const. Art. 11 §8 Employee benefit plans, deductions for 49.52.010, 49.52.020, 49.52.030, 49.52.040 Examiner of titles 65.12.090 Extra compensation not to be granted to public officers and employees Const. Art. 2 § 25 Garnishment exemption 6.27.150 Governor’s advisory committee, See GOVERNOR’S ADVISORY COMMITTEE ON SALARIES Homestead appraiser 6.13.190 Hourly wages, minimum amount 49.46.020 Incentive pay program Ch. 41.60 Increasing during term, when authorized Const. Art. 30 § 1 Industrial insurance, See also INDUSTRIAL INSURANCE, subtitle Payrolls Insurance commissioner 43.03.010 Judges citizens’ commission schedule 43.03.012 court of appeals 2.06.062 remittance of portion of filing fees collected by county treasurer for salaries 36.18.025 district court judges 3.58.010 municipal court judges 3.58.010 payable quarterly Const. Art. 4 § 13 superior court judges Const. Art. 4 § 13, Const. Art. 4 § 14 remittance of portion of filing fees collected by county treasurer for salaries 36.18.025 supreme court judges Const. Art. 4 § 13, Const. Art. 4 § 14 remittance of portion of filing fees collected by county treasurer for salaries 36.18.025 Labor and industries, department of wage collection reciprocal enforcement agreements, other states 49.48.075 Legal aid bureau director and employees 2.50.080 Legislative members 43.03.010 appointees to 43.03.015 citizens’ commission schedule 43.03.013 civil office, salary increases Const. Art. 2 § 13 compensation Const. Art. 2 § 23 Liens, hospital and medical services 49.52.020 Minimum wages agricultural labor 49.46.010 agricultural or horticultural workers 49.46.010 apprentices 49.46.060 definitions 49.46.010 disabled persons 49.46.060 domestic service personnel 49.46.010 employer’s records contents 49.46.070 duty to keep 49.46.040 inspection 49.46.070 penalty for not keeping 49.46.100 exceptions for 49.46.060 exemptions from, generally 49.46.010 farm employees 49.46.130 federal agencies, services of 49.46.040 forest workers 49.46.010 generally Ch. 49.46 (2008 Ed.) hospital employees 49.46.010 industrial homework, regulation of 49.46.040 investigation by department of labor and industries 49.46.040 learners 49.46.060 minimum hourly wage, amount 49.46.020 minimum standards established 49.46.120 newspaper carriers or vendors 49.46.010 notice to employers of legal requirements 49.46.140 nursing home employees 49.46.010 overtime pay, exceptions 49.46.130 payment of less than law requires criminal penalty 49.46.100 employer’s liability 49.46.090 policy declaration 49.46.005 prohibited acts of employer, generally 49.46.100 retail or service establishments 49.46.010 rules and regulations judicial review 49.46.080 procedure for adopting 49.46.080 salesmen 49.46.010 violations of law, enumeration of prohibited practices 49.46.100 wage claims, assignment of 49.46.090 Minors, generally 49.12.020 Municipal judges 3.58.010 Overpayment, recovery 49.48.200, 49.48.210, 49.48.220 Overtime pay airline employees 49.46.130 automobile salespeople 49.46.130 compensation required for work in excess of forty hours per week, exceptions 49.46.130 fire fighters and law enforcement officers 49.46.130 minimum rates, exceptions 49.46.130 motion picture projectionists 49.46.130 retail or service establishments 49.46.130 seamen 49.46.130 seasonal employees at agricultural fairs 49.46.130 truck or bus drivers subject to Federal Motor Carrier Act 49.46.130 workers in industries in which federal law provides for a work week of other than forty hours 49.46.130 Park and recreation district commissioners 36.69.110 Payroll deductions state officers and employees 41.04.230 Precinct officers Const. Art. 11 § 5, Const. Art. 11 § 8 Probate, order of payment of claim for 11.76.110 Productivity board Ch. 41.60 Public employees payroll deductions to banks, savings banks, credit unions, or savings and loan associations authorized, conditions 41.04.245 payroll procedure, officers and employees banks and banking, direct transfer to bank account authorized 41.04.240 direct deposit in bank accounts authorized 41.04.240 Public hospital district commissioners 70.44.050 Public officers not to be granted extra compensation Const. Art. 2 § 25 Public works Ch. 39.12 Rebates of wages, generally 49.52.050, 49.52.070, 49.52.080, 49.52.090 Registrars of vital statistics 70.58.040 Sales representatives and principals contractual relationship between contracts and agreements, required provisions 49.48.160 definitions 49.48.150 payment of wages and commissions 49.48.170 personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 rights and remedies supplemental to other rights and remedies of sales representatives 49.48.190 waiver of provision prohibited 49.48.190 School employees limitations 28A.400.220 State civil service payment of salary withheld unless employed in accordance with law 41.06.270 schedules and surveys 41.06.152, 41.06.160 State committee on agency officials’ salaries created 43.03.028 duties 43.03.028 recommendations 43.03.028 State employees incentive pay program Ch. 41.60 State officers and employees attorney general amount of 43.03.010 auditor amount of 43.03.010 centralized system, adoption and creation by director of office of financial management 42.16.011 change in during term prohibited Const. Art. 2 § 25 civil service regulations 41.06.160, 41.06.270 commissioner of public lands amount of 43.03.010 compensation for unofficial services permitted 42.04.070 department heads and others, maximum salaries 43.03.040 elective state officers 43.03.010 citizens’ commission schedule 43.03.011 generally Const. Art. 28 § 1 governor Const. Art. 28 § 1 amount of 43.03.010 increase or reduction in salary of appointive officer or employee 43.03.030 increased balance, canceled warrants 42.16.015 independent commission Const. Art. 28 § 1 insurance commissioner 43.03.010 legislative members 43.03.010 appointees 43.03.015 lieutenant governor Const. Art. 28 § 1 amount of 43.03.010 overpayment, recovery 49.48.200, 49.48.220 payable twice monthly, procedure 42.16.010 payroll procedure cancellation of warrants refund of increased balance 42.16.016 transfer of increased balance 42.16.015 centralized system, establishment 42.16.011 certification by agencies 42.16.013 director of office of financial management 42.16.013 deductions from salary, authorized deductions enumerated 41.04.230 disbursement by warrant 42.16.014 exemptions, optional inclusion 42.16.011 preparation 42.16.017 refund of increased balance, canceled warrants 42.16.016 sources of disbursements 42.16.012 state payroll revolving account cancellation of warrants transfer of increased balance 42.16.015 certification by agency head 42.16.013 creation 42.16.011 disbursements 42.16.012 disbursements by warrant 42.16.014 transfer of funds to 42.16.013 payroll revolving fund 42.16.011, 42.16.012, 42.16.013, 42.16.014, 42.16.015, 42.16.016 secretary of state Const. Art. 28 § 1 amount of 43.03.010 sick leave payments accounting plan, payroll procedure development 41.48.130 [RCW Index—page 647] SALARY REDUCTION AGREEMENTS agency sick leave authority 41.48.140 employee, defined 41.48.150 legislative intent 41.48.110 retirement system reports 41.48.180 sick leave account created 41.48.120 transfer of moneys to sick leave account 41.48.170 unused sick leave compensation 41.48.180 state committee on agency officials’ salaries 43.03.028 state payroll revolving account state treasurer to transfer funds to 42.16.013 state treasurer to transfer funds into state payroll revolving account 42.16.013 superintendent of public instruction Const. Art. 28 § 1 amount of 43.03.010 transfer of funds to state payroll revolving account 42.16.013 treasurer Const. Art. 28 § 1 amount of 43.03.010 twice a month transition guidelines 41.04.232 utilization of revolving fund 42.16.011 warrants cancellation refund of increased balance 42.16.016 transfer of increased balance 42.16.015 disbursement procedure, adoption by director of office of financial management 42.16.014 disbursements by 42.16.014 disbursements pursuant to agency head certification 42.16.014 State patrol officers, minimum 43.43.380 Supreme court clerks Const. Art. 4 § 22 reporters Const. Art. 4 § 18 Teachers’ retirement system, salary deductions 41.32.042, 41.50.235 Township officers Const. Art. 11 § 5, Const. Art. 11 § 8 Unclaimed 63.29.150 Unemployment, See UNEMPLOYMENT COMPENSATION Unpaid, public works contractors 39.12.050 Volunteer labor to state or local governmental agency, nominal compensation not deemed salary 49.46.065 Wages actions to recover, attorneys fees 49.48.030 assignment of claims bond may be required 49.48.060 collection by department of labor and industries 49.48.040 limitations 49.48.090, 49.48.100 penalty for failure to pay claim 49.48.060 authorized deductions or withholding 49.48.010 collection action for 49.48.030 attorneys’ fees 49.48.030 procedure 49.48.040 prosecuting attorney, powers 49.48.050 deductions employee benefit plans, generally Ch. 49.52 generally Ch. 49.52 defined for purposes of unemployment compensation 50.04.320 employee ceasing work, payment 49.48.010 kick-backs, generally 49.52.050 nonpayment or underpayment by public works contractors 39.12.050 claims 49.48.040 duty, generally 49.48.070 payment death of employee employer, defined 49.48.115 procedure 49.48.120 generally 49.48.010, 49.48.020 [RCW Index—page 648] negotiable orders 49.48.010 refusal, wrongful 49.48.060 suit to collect, damages 49.48.030 priority of payment death of employer 49.56.020 employer insolvency 49.56.010 executions, attachments, etc. 49.56.030 public employees, exclusion for 49.48.080 public works contracts, certificate as to hourly rate 39.12.050 rebates generally 49.52.050, 49.52.070, 49.52.080, 49.52.090 public works 49.52.090 refusal to pay, penalty 49.48.060 underpayment, presumption 49.52.080 underpayment or nonpayment by public works contractor 39.12.050 violations, penalty 49.48.020 wage claims, penalty for failure to pay 49.48.060 withholding authority 49.52.060 Wages, See also SALARIES AND WAGES, subtitle Minimum wages Women, generally 49.12.020 Workers, generally 49.12.020 SALARY REDUCTION AGREEMENTS (See HEALTH CARE AUTHORITY) SALES (See also CONDITIONAL SALES; INSTALLMENT SALES OF GOODS AND SERVICES; UNIFORM COMMERCIAL CODE, subtitle Sales) Acceptance of goods effect 62A.2-607 revocation in whole or in part 62A.2-608 what constitutes 62A.2-606 Advertising, false or deceptive Ch. 9.04 Agricultural commodities, weight certification for highway transport Ch. 15.80 Agricultural enabling act of 1961 Ch. 15.65 Agricultural marketing, See AGRICULTURAL MARKETING Agricultural marketing and fair practices Ch. 15.83 Alcoholic beverages Title 66 Alcoholic beverages, See also ALCOHOLIC BEVERAGES, subtitle Sales Apple commission Ch. 15.24 Approval, sale on approval, term and application 62A.2-326, 62A.2-327 Aquaculture marketing Ch. 15.85 Assignment of rights 62A.2-210 Assurance of due performance 62A.2-609 Attached property 6.25.240 judgment, before 6.25.220 perishable, sale before judgment 6.25.220 sale on execution of judgment 6.17.130 Auctions, See AUCTIONS AND AUCTIONEERS Auctions and auctioneers Ch. 18.11 Automatic dialing devices, telephone solicitation using, prohibited 80.36.400 Bills of lading overseas shipment, form of bill of lading 62A.2-323 Breach of contract statute of limitations 62A.2-725 Bulk sales, See UNIFORM COMMERCIAL CODE Buyers nondelivery or repudiation, buyer’s damages 62A.2-713 remedies for breach of obligations 62A.2-711, 62A.2-712, 62A.2-713, 62A.2-714, 62A.2715, 62A.2-717, 62A.2-718, 62A.2-719, 62A.2-720 right to specific performance and replevin 62A.2-716 C. I. F. and C. & F., terms and application 62A.2320, 62A.2-321 Camping resort contracts Ch. 19.105 Cancellation of retail installment and telephone sales, conditions and procedures 63.14.154 Casualty to goods 62A.2-613 Cities and towns local improvement assessment property 35.50.270 property acquired at local improvement proceedings 35.53.030 public utilities 35.94.010, 35.94.020, 35.94.030 surplus property 35.94.040 real property in community renewal areas 35.81.090, 35.81.095 revenue bonds, sewerage systems 35.67.170 revenue bonds and warrants 35.41.060 sewerage sale acquired property, authority for 35.67.270 Commercial telephone solicitation Ch. 19.158 Commodities, See AGRICULTURAL MARKETING; COMMODITY BOARDS; COMMODITY COMMISSIONS Computers hardware trade-in or exchange information, recordkeeping requirements Ch. 19.194 Consumer leases, See CONSUMER LEASES Consumer leases not loan or forbearance, when 19.52.010 Contracts course of performance 62A.2-208 enforceability 62A.2-201, 62A.2-202, 62A.2203 form for sale of goods 62A.2-204 goods severed from realty 62A.2-107 modification, rescission, or waiver 62A.2-209 sales and acceptance 62A.2-207 Contracts, deferred payment of purchase price, usury law exclusion 19.52.120 Cooling off period retail installment sales, conditions 63.14.040, 63.14.154 telephone sales, conditions 63.14.154 County property, generally Ch. 36.34 Credit confirmed credit, term and application 62A.2325 letter of credit, term and application 62A.2325 Credit cards receipts, printing restrictions 19.200.010 Creditors rights of seller’s creditors against goods sold 62A.2-402 Dairy products, prohibited acts and unlawful sales Ch. 15.36 Definitions uniform commercial code 62A.2-103, 62A.2104, 62A.2-105, 62A.2-106 Delegation of performance 62A.2-210 Delivery ex-ship 62A.2-322 Delivery of goods delay or nondelivery, conditions and effect 62A.2-615, 62A.2-616 improper delivery, buyer’s rights 62A.2-601 improper tender or delivery, cure 62A.2-508 installment contracts, breach 62A.2-612 lots and apportionment of payments 62A.2307 manner and time 62A.2-503 place 62A.2-308 requirements 62A.2-309 risk of loss 62A.2-509, 62A.2-510 seller’s tender 62A.2-507 shipment by seller 62A.2-504 shipment by seller under reservation 62A.2505 substituted performance 62A.2-614 Deterioration of goods, options 62A.2-613 Documents of title, when deliverable 62A.2-514 (2008 Ed.) SALES Drugs controlled substances, uniform act Ch. 69.50 over-the-counter medications, imprinting requirements Ch. 69.60 precursor drugs Ch. 69.43 prescription drugs Ch. 69.41 samples Ch. 69.45 Exclusive dealings 62A.2-306 Execution of judgments, See EXECUTIONS, subtitle Sales under Explosives limits on quantity 70.74.040 records to be kept 70.74.230 restrictions 70.74.020 unlicensed persons, penalty 70.74.240 Express warranties 62A.2-313 F. O. B. and F. A. S., terms and application 62A.2-319 Farm implements, machinery, parts business relations between independent retail business and manufacturers and distributors, regulation Ch. 19.98 repurchase requirements Ch. 19.98 Farm marketing research Ch. 15.64 Fertilizers, minerals, and limes, See FERTILIZERS Financing agency’s rights 62A.2-506 Firearms dealers background check on employees 9.41.110 conduct of business 9.41.110 license grant and conditions 9.41.110 license and registration required 9.41.100 verification, notice to bureau of alcohol, tobacco, and firearms 9.41.135 rifles nonresidents authorized to purchase in state 9.41.124 out-of-state purchase authorized 9.41.122 shotguns nonresidents authorized to purchase in state 9.41.124 out-of-state purchase authorized 9.41.122 Firearms, regulations, application, limitations, waiting period 9.41.090 Fireworks, See FIREWORKS Firm offers, period of irrevocability 62A.2-205 Fish marketing associations, products 24.36.420, 24.36.430 Fish marketing associations, See FISH MARKETING ASSOCIATIONS Food, drug, and cosmetic act Ch. 69.04 Fraud, remedies 62A.2-721 Fresh fruit sales limitation act Ch. 15.21 Fruit controlled atmosphere storage Ch. 15.30 Gift certificates Ch. 19.240 Going out of business sales advertising, contents and restrictions 19.178.100 bankruptcy, receivership, or court-ordered action sale notice to attorney general 19.178.020 business identification number required 19.178.050 consumer protection act, application 19.178.050, 19.178.110 continuing business prohibited, exception 19.178.080 definitions 19.178.010 exceptions to chapter application 19.178.900 inventory, affidavit 19.178.020 inventory list, contents 19.178.040 merchandise, restrictions on items sold 19.178.070 moving sales, restrictions 19.178.100 notice contents and recording procedure 19.178.030 requirements 19.178.020 ownership interest purposes limited 19.178.050 (2008 Ed.) persons conducting sale, limitations 19.178.050 prohibited when business location continued by same owner 19.178.090 purchase orders, compilation of in lieu of inventory list 19.178.040 regulation, state preemption 19.178.140 time limit 19.178.060 violations attorney general or prosecuting attorney may institute proceedings 19.178.130 false or incorrect notice, penalty 19.178.120 Good faith purchases 62A.2-403 Goods in dispute, preservation of evidence 62A.2-515 Guardianship estate property, See GUARDIAN AND WARD, subtitle Sale of estate property Homesteads, See HOMESTEADS Horse sales, special open consignment Ch. 16.65 House to house sales by minors definitions 49.12.320 employment advertisements, requirements and prohibitions 49.12.310 registration of employers 49.12.300 rule-making authority 49.12.330 Identification of goods 62A.2-501 Implied warranties 62A.2-314, 62A.2-315 Industrial development district property hearing, notice of 53.25.120 Industrial development district property, See also PORT DISTRICTS, subtitle Industrial development districts Insolvency of buyer, remedies 62A.2-702 Insolvency of seller, buyer’s right to goods 62A.2-502 Inspection of goods buyer’s rights and duties 62A.2-513 Installment sales, See INSTALLMENT SALES OF GOODS AND SERVICES Insurable interest in goods 62A.2-501 Intrastate commerce in food, drugs, and cosmetics Ch. 69.04 Judicial sales, See JUDICIAL SALES Leases, consumer, See CONSUMER LEASES Livestock markets Ch. 16.65 Local improvement bonds, cities and towns 35.45.040 Logging liens before judgment 60.24.195 sheriff 60.24.190 Manufactured homes implied warranty 46.70.132 Market price, proof 62A.2-723 Market quotations, admissibility in evidence 62A.2-724 Milk and milk products, See DAIRIES AND DAIRY PRODUCTS Milk products, prohibited acts and unlawful sales Ch. 15.36 Mobile homes implied warranty 46.70.132 Moving sales, restrictions 19.178.100 Narcotics, See NARCOTICS, subtitle Sale by manufacturer or wholesaler No arrival, no sale, term and application 62A.2324 Nonacceptance or repudiation, seller’s damages 62A.2-708 Obligations of parties 62A.2-301 Offers and acceptance 62A.2-206 Organic food products Ch. 15.86 Overseas shipment, form of bill of lading 62A.2323 Partition, See PARTITION Pawnbrokers and second-hand dealers Ch. 19.60 Payment form and effect 62A.2-511 before inspection 62A.2-512 when due and running of credit 62A.2-310 Performance, options and cooperation between parties 62A.2-311 Personal property county property, terms 36.34.060 under execution, sheriff’s fee 36.18.040 unused property merchants Ch. 19.210 Pistols immunity from liability of agencies and officials 9.41.0975 license and registration required 9.41.100 mental health information to be made available to enforcement agencies 9.41.097 regulations 9.41.090 waiting period 9.41.090 waiver of confidentiality 9.41.094 Planting stock Ch. 15.14 Port district property, See PORT DISTRICTS, subtitle Property Price, how payable 62A.2-304 Price, open price terms 62A.2-305 Prizes, promotional advertising of prizes Ch. 19.170 Probate administrator cannot sell property unless directory powers in will 11.28.070 sales of estate property, See PROBATE, subtitle Sales of estate property Product liability actions Ch. 7.72 Property department of transportation property, authorized 47.56.254 inn keepers guest’s refusal to register 60.64.040 notice 60.64.040 liens for freight, transportation, or storage application of proceeds 60.60.040 authority 60.60.010 division into separate lots or parcels 60.60.030 period or retention 60.60.030 unneeded department of transportation property, to governmental entities execution, delivery of deed 47.56.254 unneeded toll bridge property, to governmental entities execution, delivery of deed 47.56.255 Public auctions, unclaimed property cities and towns in possession 63.32.030 police in possession 63.32.010 sheriff in possession 63.40.010 Public sales, See JUDICIAL SALES; SHERIFFS, subtitle Judicial sales Purchaser’s rights to title 62A.2-403 Quantity, output and dealings 62A.2-306 Real estate brokerage relationships Ch. 18.86 Real estate brokers and salespersons, licensing and regulation Ch. 18.85 Rejection of goods manner and effect 62A.2-602 merchant buyer’s duties 62A.2-603 option by buyer to salvage 62A.2-604 waiver of buyer’s objections 62A.2-605 Repudiation anticipatory repudiation 62A.2-610 retraction of anticipatory repudiation 62A.2611 Residential real property seller’s disclosures, requirements Ch. 64.06 Retail installment sales Ch. 63.14 Return of goods 62A.2-326, 62A.2-327 Rights of creditors 62A.2-326 Risks, allocation or division between parties 62A.2-303 Roofing and siding contractors and salespersons, regulation Ch. 19.186 Sale or return, term and application 62A.2-326, 62A.2-327 Sales representatives and principals contractual relationship between contracts and agreements, required provisions 49.48.160 definitions 49.48.150 payment of wages and commissions 49.48.170 personal jurisdiction, principal considered to be doing business in state for purposes of 49.48.180 [RCW Index—page 649] SALES AND USE TAX rights and remedies supplemental to other rights and remedies of sales representatives 49.48.190 waiver of provision prohibited 49.48.190 Second-hand dealers and pawnbrokers Ch. 19.60 Sellers person in position of seller 62A.2-707 remedies for breach of actions 62A.2-708, 62A.2-710 remedies for breach of obligations 62A.2-702, 62A.2-703, 62A.2-704, 62A.2-705, 62A.2706, 62A.2-708, 62A.2-709 Siding and roofing contractors and salespersons, regulation Ch. 19.186 Solicitation lists, withdrawal of consumer’s name 19.182.030 State lands, See PUBLIC LANDS, subtitle State lands Statute of limitations for breach of contract 62A.2-725 Tax title to land derived through, registration 65.12.015 Taxation, See TAXES—SALES AND USE Telephone buyers’ protection act Ch. 19.130 Telephone solicitation automatic dialing devices, prohibited 80.36.400 regulated Ch. 19.158, 80.36.390 Third party actions 62A.2-722 Three-day cancellation of retail installment and telephone sales, conditions and procedures 63.14.154 Tidelands, See TIDELANDS, subtitle Sale of Timeshare regulation, See TIMESHARE REGULATION Title to goods, passing or reservation conditions 62A.2-401 Unclaimed property police in possession 63.32.010 sheriff in possession 63.40.010 Unconscionable contract or clause, effect 62A.2302 Uniform commercial code application of Article 2 62A.2-102 definitions 62A.2-103, 62A.2-104, 62A.2105, 62A.2-106 no arrival, no sale, term and application 62A.2-324 Unused property merchants chapter not applicable to 19.210.030 definitions 19.210.010 penalties 19.210.040 prohibited sales 19.210.020 Used vehicles curbstoning, penalty 46.70.115 evidence of ownership, dealer requirements 46.70.124 posting or disclosure of asking price 46.70.125 Vegetables controlled atmosphere storage Ch. 15.30 Vehicles, charges to be furnished buyer or mortgagor, seller to give details 46.70.130 Warranties 62A.2-312, 62A.2-313, 62A.2-314, 62A.2-315, 62A.2-316, 62A.2-317, 62A.2318 Wine and malt beverages, distributors and suppliers, equity agreement Ch. 19.126 SALES AND USE TAX (See TAXES - SALES AND USE) SALMON (See FISH AND FISHING) SALMON BAY Raising waters by United States, nonliability 37.08.240 SAN JUAN COUNTY Boundaries, tracing of 36.04.280 Superior court judges, number of 2.08.065 SANATORIUMS Alcoholic patients, See ALCOHOLISM PROGRAMS, subtitle Private establishments and institutions [RCW Index—page 650] Mentally ill patients, See HOSPITALS FOR MENTALLY ILL Tuberculosis, See COUNTIES, subtitle Tuberculosis SANITARY DISTRICTS Bankruptcy readjustment and relief from debts Ch. 39.64 Bond issues mutual savings banks, investment in 32.20.110 refunding bonds, bankruptcy readjustment and relief from debts Ch. 39.64 Dissolution, generally Ch. 53.48 Indebtedness, bankruptcy readjustment and relief from debts Ch. 39.64 Taxing district relief act Ch. 39.64 SANITATION (See also SANITARY DISTRICTS) Cities and towns enforcement of regulations Const. Art. 11 § 11 filling lowlands Ch. 35.55, Ch. 35.56 Health department, advice to local authority 70.54.040 SAVINGS AND LOAN ASSOCIATIONS Accounts, falsification of, penalty 33.36.040 Acquisition of control of association 33.24.345, 33.24.350, 33.24.360, 33.24.370, 33.24.375 Advertising use of misleading words prohibited, penalty 33.08.010 Appellate review actions and decisions of director of financial institutions 33.04.060 refusal of articles and bylaws 33.08.070 refusal to permit branch establishment 33.08.110 Articles of incorporation 33.08.030, 33.08.050 amendment 33.08.090 approval or refusal 33.08.070 filing 33.08.080 Assets false statements as to, penalty 33.36.040 statement of 33.16.120 Automated teller machines security requirements 33.04.120 Bills of exchange, authority to collect or protest 33.12.010 Bonds of officers and employees 33.16.130 Branch associations 33.08.110 Bylaws 33.08.040, 33.08.050 amendment 33.08.100 approval or refusal 33.08.070 authority to make and amend 33.12.010 filing 33.08.080 Capital, forms of permitted 33.12.010 Cease and desist orders 33.04.042, 33.04.052, 33.04.054 Certificate of incorporation 33.08.055, 33.08.080 Classification of depositors, authorized 33.20.180 Commercial banks conversion to association Ch. 33.46 Compliance with Title 33 RCW required 33.08.010 Contingent fund, mutual associations 33.12.140, 33.12.150 Contracts foreign association contract with Washington resident, construction 33.32.030 Control of association, acquisition of 33.24.360, 33.24.370, 33.24.375 Conversion of association for acquisition by association or holding company waiver of chapter requirements 33.48.290 Conversion of commercial or savings bank to association 33.46.010, 33.46.020, 33.46.040, 33.46.050, 33.46.060, 33.46.070, 33.46.080, 33.46.090, 33.46.100 cash contributions to expense fund when becoming domestic mutual association 33.46.030 federal association, conversion to 33.46.110 Conversion of domestic association to federal association 33.43.010 Conversion of federal association to domestic association 33.43.030 Conversion of savings or commercial bank to association administrative procedure act 33.46.130 Conversion to mutual savings bank director may serve as trustee 32.16.130 Conversion to savings or commercial bank 33.44.020, 33.44.080, 33.44.090, 33.44.125, 33.44.130 Costs, examination and supervision 33.28.020 Crimes relating to assets and liabilities, false statements as to 33.36.040 discount purchasing of accounts, debentures or certificates 33.36.020 evidence, suppressing, secreting or destroying 33.36.060 falsification of books, etc. 33.36.040 financial conditions, false statements 33.36.050 illegal loans or investments 33.36.010 insolvency, transfers for preference of creditors 33.36.030 segregation corporation debentures or certificates, discount purchasing of 33.36.020 use of misleading words in name or advertising 33.08.010 Debentures discount purchasing of debentures of own segregation corporation prohibited, penalty 33.36.020 Debts, authority to collect and compromise 33.12.010 Deed of trust included in mortgage 33.04.011 Definitions 33.04.005 Deposits Ch. 30.22 governed by individual account deposit act, chapter 30.22 RCW 33.20.005 members, record of 33.20.125 Deposits with interest payment on request 33.20.150 Development credit corporations, membership in 31.20.070 Director of financial institutions articles of incorporation, delivery to director 33.08.050 bylaws, delivery to director 33.08.050 cease and desist orders 33.04.042, 33.04.052, 33.04.054 powers and duties under chapter 19.144 RCW 33.04.022 generally 33.04.020 rules to govern, examinations and reports 33.04.025 subpoena power 33.04.030 temporary cease and desist orders 33.04.044, 33.04.046, 33.04.048 Directors bonds of officers and employees 33.16.130 election of officers 33.16.080 eligibility requirements 33.16.020 fiduciary relationship 33.16.060 loan or sale, association prohibited from making to director 33.12.060 meetings 33.16.090 number 33.16.010 oath 33.16.060 prohibited acts 33.16.030 provisional directors, appointment of 33.40.150 removal of 33.16.040, 33.16.050 reports and statement of assets and liabilities 33.16.120 statement of assets and liabilities 33.16.120 vacancies 33.16.010 Dissolution domestic association (2008 Ed.) SAVINGS AND LOAN ASSOCIATIONS conversion to federal association 33.43.010 power to dissolve and wind up 33.12.010 Dividends authority to declare and pay 33.12.010 Domestic mutual associations conversion of commercial or savings bank to 33.46.030 Dormant accounts 33.20.130 Escheats dormant accounts fund 33.20.130 liquidation, dividend checks and payments 33.40.070, 33.40.110 Escrow holder, authority to act as 33.12.010 Examination and supervision costs 33.28.020 Examinations of director of financial institutions, powers as to examinations 33.04.020 director of financial institutions to adopt rules to govern 33.04.025 foreign associations 33.32.020 reports and information, confidential, privileged, penalty, exceptions, limitations 33.04.110 Expense fund 33.12.140 Federal home loan banks borrowing from authorized 30.32.020 depositary for funds, may designate as 30.32.040 investments in stock of authorized 30.32.020 Federal savings and loan associations conversion of commercial or savings bank to 33.46.110 conversion of domestic association to 33.43.010 conversion to domestic association 33.43.030 powers conferred on 33.12.012, 33.12.014, 33.43.020 Fees certificate of incorporation filing fee 33.08.055 filing and copy fees 33.28.010 investigation of articles and bylaws 33.08.060 branch establishment 33.08.110 Filings articles of incorporation 33.08.080 bylaws 33.08.080 amendments 33.08.100 Financial conditions, false statements as to, penalty 33.36.050 Fiscal agent, authority to act as 33.12.010 Foreign associations compliance with state law 33.32.030 contracts with Washington resident, construction 33.32.030 disqualifying act 33.32.070 failure to comply with provisions, disqualifying act 33.32.070 foreign stock association not subject to RCW 33.48.150 through 33.48.280 33.48.290 reciprocity 33.32.060 reports of 33.32.020 service of process upon, power of attorney for 33.32.050 Forming, incorporating with, or investing in other entities, limitation 33.24.115 Incapacitated persons access to and control over assets to be provided to guardian 11.92.096 Incorporators qualifications 33.08.020 Insolvency, transfers for preference of creditors prohibited, penalty 33.36.030 Insurance authority to procure 33.12.010 Insurance companies, investment in 48.13.200 Insurance premium finance company act, application to 48.56.030 Interest, payment of 33.12.010, 33.20.190 Investigation of articles and bylaws 33.08.060 Investment of public and trust funds in 39.60.050 Investments (2008 Ed.) authority to invest 33.24.010 Canadian bonds or obligations 33.24.020 city in any state, bonds 33.24.060 city local improvement district bonds 33.24.080 city or town bonds or warrants 33.24.050, 33.24.070 city water, sewer, or electric utility bonds 33.24.070 community renewal obligations 35.81.110 corporations, other, limitation 33.24.115 county bonds or warrants 33.24.050, 33.24.070 county funds 36.29.020 county in any state, bonds 33.24.060 entities, other, limitation 33.24.115 federal agency or corporation bonds or obligations 33.24.090 federal home loan bank bonds or obligations 33.24.090 federal home owner’s loan corporation bonds or obligations 33.24.090 federal housing administration bonds or obligations 33.24.090 federal investment company or trust securities 33.24.025 federal savings and loan insurance corporation bonds or obligations 33.24.090 illegal loans or investments, penalty for making 33.36.010 local improvement district of city bonds 33.24.080 metropolitan municipal corporation obligations 35.58.510 mortgages real estate secured mortgages 33.24.100 multilateral development bank obligations 33.24.065 nonbusiness family purpose loans, limitation 33.24.295 office equipment for own use 33.24.160 personal liability for unlawful loans 33.24.200 port district bonds or warrants 33.24.050, 33.24.070 port district in any state, bonds 33.24.060 public utility district water, sewer, or electric utility bonds 33.24.070 real property to be used in the transaction of its business 33.24.160 mortgages 33.24.100 savings, power to invest 33.12.010 savings and loan associations 33.24.090 school district bonds or warrants 33.24.050, 33.24.070 school district in any state, bonds 33.24.060 small business investment companies 33.24.270 state, other than Washington bonds or obligations 33.24.040 state of Washington bonds or obligations 33.24.030, 33.24.090 United States bonds or obligations 33.24.020 United States corporation bonds authorized 39.60.010 United States obligations 33.24.025 Legislative declaration, intent, purpose 33.04.002 Liabilities false statements as to, penalty 33.36.040 personal liability for unlawful loans 33.24.200 statement of 33.16.120 Licenses master license system exemption 19.02.800 Liquidation dormant accounts funds escheat to state 33.20.130 involuntary 33.40.050, 33.40.060 escheat of dividend checks and payments 33.40.070 investment of funds 33.40.075 liquidator removal 33.40.120 liquidator’s powers 33.40.070 records, disposition of 33.40.080 voluntary 33.40.010, 33.40.040, 33.40.060 disposition of unclaimed dividends and records 33.40.110 Loans authority to loan money 33.12.010 charges, parity with out-of-state national banks 30.04.025 dealing with officer, employee, or director prohibited, exception 33.12.060 generally, limitation 33.24.015 nonbusiness family purposes, for, limitation 33.24.295 Loans, See also SAVINGS AND LOAN ASSOCIATIONS, subtitle Investments Loans to one person limitation on 33.24.010 Members deposits, record of 33.20.125 executors and administrators 33.20.060 guardians 33.20.060 trustees 33.20.060 Merger 33.40.010 Minors savings accounts 33.20.040 "Mortgage" includes deed of trust 33.04.011 "Mortgage" includes deed of trust and real estate contract 33.24.005 Mutual meetings, notice of 33.20.010 members notice of meetings sent to 33.20.010 proxy voting 33.20.010 voting members 33.20.010 proxy 33.20.010 Mutual association, incorporation as 33.08.030 Mutual associations contingent fund 33.12.140, 33.12.150 Name change, notice 33.08.090 use of misleading words prohibited, penalty 33.08.010 Night depositories security requirements 33.04.120 Notes, authority to collect or protest 33.12.010 Office equipment, investment in for own use 33.24.160 Officers and employees bonds 33.16.130 crimes relating to, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Crimes relating to election of officers 33.16.080 fiduciary relationship of officers 33.16.060 loan or sale, association prohibited from making to officer, employee, or agent 33.12.060 pensions, retirement plans and other benefits 33.16.150 provisional officers, appointment of 33.40.130 removal of 33.16.040 Pensions, retirement plans and other benefits 33.16.150 Personal liability for unlawful loans 33.24.200 Possession of domestic association by director of financial institutions 33.40.020, 33.40.030, 33.40.040 Powers in general 33.12.010 federal parity 33.12.012, 33.12.014 Prohibited acts, penalties 33.36.010, 33.36.020, 33.36.030, 33.36.040, 33.36.050, 33.36.060 Property, power to acquire, hold, mortgage, etc. 33.12.010 Public employees payroll deductions at request of employee authorized when institution meets necessary conditions 41.04.245 Real estate contract mortgage, included in 33.24.005 Real property [RCW Index—page 651] SAVINGS BANKS defined 33.24.007 taxation, not exempt from 33.28.040 Real property or leasehold interests therein, investment in for own use 33.24.160 Records compliance review information, confidentiality Ch. 7.88 Records, suppressing, secreting or destroying 33.36.060 Reports foreign corporations 33.32.020 Reports to director of financial institutions 33.16.120 Retirement, pension plans and other benefits 33.16.150 Revocation of right to engage in business 33.08.080 Safe deposit boxes, authority to let 33.12.010 Saturday closing permitted, legal effect 30.04.330 Savings accounts 33.12.010 deposits governed by individual account deposit act, chapter 30.22 RCW 33.20.005 discount purchasing of accounts prohibited, penalty 33.36.020 dormant accounts 33.20.130 minors’ accounts 33.20.040 taxation, exempt from 33.28.040 withdrawals limitations upon 33.20.170 postponement of, procedure 33.20.150 priority of payment of 33.20.170 Savings bank conversion to association Ch. 33.46 Savings deposits received during economic emergency, repayment of 33.40.130 Security requirements automated teller machines 33.04.120 night depositories 33.04.120 Segregation corporation discount purchasing of debentures and certificates prohibited, penalty 33.36.020 Stock association, incorporation as 33.08.030 Stock associations business corporation act, associations subject to 33.48.025 charter amendment or conversion application, withdrawal of 33.48.130 dividends payment 33.48.090 domestic mutual association conversion of domestic stock association to 33.48.100 domestic stock association conversion of mutual association to 33.48.110, 33.48.120 conversion to domestic mutual association 33.48.100 foreign associations not subject to RCW 33.48.150 through 33.48.280 33.48.290 guaranty stock sales 33.48.190 investments purchase by association of its own stock 33.48.250 legislative intent 33.48.140 members priorities 33.48.080 proprietary interest of 33.48.080 mutual association conversion to domestic stock association 33.48.110, 33.48.120 organizing permits 33.48.150, 33.48.160, 33.48.170, 33.48.240 stock dividends, declaration of 33.48.040 permanent stock requirements 33.48.030 preferred or special classes of shares authorized 33.48.030 stock reductions 33.48.260, 33.48.270 application and use of surpluses created by 33.48.280 stock sales [RCW Index—page 652] imposition of conditions by director of financial institutions 33.48.230 purchase by association of its own stock 33.48.250 stock sales permits 33.48.180, 33.48.200, 33.48.210, 33.48.220 guaranty stock sales 33.48.190 surpluses application and uses of 33.48.280 Taxation assets, what taxable 33.28.040 exemptions from 33.28.040 personal property, not exempt from 33.28.040 real property, not exempt from 33.28.040 savings accounts exempt from 33.28.040 Temporary cease and desist orders 33.04.044, 33.04.046, 33.04.048 Trustee of retirement plan established under federal act 33.12.180 Unclaimed accounts escheat on liquidation 33.20.130 Uniform money services act Ch. 19.230 Unsound or illegal practices cease and desist orders 33.04.042, 33.04.052 temporary cease and desist orders 33.04.044, 33.04.046, 33.04.048 Withdrawals by association’s drafts interest eligibility 33.20.190 limitations upon 33.20.170 negotiable or transferable order or authorization 33.20.190 by order or authorization, interest eligibility 33.20.190 postponement of, procedure 33.20.150 priority of payment of 33.20.170 SAVINGS BANKS (See BANKS AND BANKING; MUTUAL SAVINGS BANK) SAVINGS BONDS Beneficiary’s survival of registered owner, effect 11.04.240 College savings bond program Ch. 28B.106 Co-owner, effect of death of 11.04.230 SAVINGS DEPOSITS (See DEPOSITS) SAWMILLS Company laborer, lien on company franchise, earnings, property Ch. 60.32 SCALES (See WEIGHTS AND MEASURES) SCENIC RIVER SYSTEM (See RIVERS AND STREAMS, subtitle Scenic river system) SCHOLARSHIPS (See COLLEGES AND UNIVERSITIES; SCHOOLS AND SCHOOL DISTRICTS) SCHOOL BUS SAFETY INTERSTATE COMPACT Commissioners, designation of 46.39.020 Enacted 46.39.010 Provisions 46.39.010 SCHOOL BUSES (See BUSES, subtitle School buses) SCHOOL DIRECTORS’ ASSOCIATION Advice and assistance to local boards, duty to provide 28A.345.030 Bylaws 28A.345.030 Civil service exemptions 41.06.086 Constitution 28A.345.030 Created 28A.345.010 Directors compensation of members of board of directors 28A.345.030 Executive committee, association dues, committee dues 28A.345.050 Financing 28A.345.050 Meetings 28A.345.030 Members compensation of members of board of directors 28A.345.030 dues 28A.345.050 method of collection 28A.345.050 when collected 28A.345.050 maximum 28A.345.050 travel and subsistence expenses 28A.345.030 Membership 28A.345.020 Motor vehicle transportation services 43.19.560 Powers generally 28A.345.030, 28A.345.040 Rules and regulations 28A.345.030 Staff classifications and employee salaries audit 28A.345.060 Tribal relationships, meetings achievement gap, curriculum 28A.345.070 SCHOOL DISTRICT TRANSPORTATION COMMISSION (See SCHOOLS AND SCHOOL DISTRICTS) SCHOOL LAND (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Lands) SCHOOLS AND SCHOOL DISTRICTS Academic achievement and accountability Ch. 28A.655 Access by parents to classroom or school sponsored activities 28A.605.020 Accountability implementation funds 28A.655.130 Actions against 4.08.120 officers, employees or agents of school district, defense, cost, fees, payment of obligation 28A.320.100 Actions by in corporate name 4.08.110 Administration 28A.150.070 Administrators defined 28A.405.230 employment contracts 28A.400.315 leadership academy 28A.415.340 responsibility and accountability under basic education act of 1977 28A.150.240 transfers to subordinate certificated position 28A.405.230 Admission qualifications 28A.225.160 Admission tax exclusion 36.38.010 Admissions children on federal lands 28A.225.170 children on United States reservations 28A.225.170 Idaho residents with Washington address 28A.225.170 Adult education programs, authority 28B.50.250 Adult literacy program Ch. 28B.06 Adults attending school, tuition 28A.225.220 AIDS curriculum 28A.230.070 education and training for employees 70.24.290 Alcohol or controlled substance testing, authority to order 28A.225.031 Alcoholism and drug addiction treatment school referral to inpatient treatment, notice to parent 70.96A.096 Alternative educational service providers, student eligibility 28A.150.305 Alternative schools start-up grants 28A.300.275 truant, at-risk, and expelled students, program funding 28A.300.360 Anaphlaxis, policy guidelines 28A.210.388 Annexation of territory, See SCHOOLS AND SCHOOL DISTRICTS, subtitle School districts Annuities, tax deferred 28A.400.250 Appeals adversely affecting status or discharge of teachers, principals, supervisors, superintendents, and certificated employees 28A.405.310, 28A.405.320, 28A.405.330, 28A.405.340, 28A.405.350 general appeal procedure copy of decision to assessor when school district boundary change 28A.645.040 request to attend nonresident district apportionment 28A.225.230 procedure 28A.225.240 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS from school board Ch. 28A.645 school district boundary decisions, copy of decision to county assessor 28A.645.040 teacher certification revocation 28A.410.100 Appellate review contract status 28A.405.360, 28A.405.370 Apple award program 28A.655.185 Apportionments county treasurer’s duties 28A.510.270 disabilities, children with 28A.155.040, 28A.155.050, 28A.155.070 educational service district superintendent, duty to make from educational service district current school fund 28A.510.260 first class districts, limitation on days attendance credit 28A.330.100 state general fund amount 28A.510.250 withholding, noncompliance with restrictions of superintendent of public instruction 28A.505.120 Apprenticeships building and construction related 49.04.190 centers of excellence 49.04.170 educational outreach program 49.04.180 findings 49.04.160 pilot projects 28C.04.610 Appropriations programs eligible to receive state appropriated funds 28A.150.370 termination of, exception 28A.505.160 Armories, use of by school children 38.20.010 Art, works of, purchases, procedure 28A.335.210 Assessment tests apple award program 28A.655.185 curriculum-based assessment procedures 28A.155.140 diagnostic assessments 28A.655.200 essential academic learning requirements and assessments 28A.230.095 graduation without certificate 28A.655.0611 high school assessment system 28A.655.061 instructional practices, adjustments 28A.230.195 local control and flexibility 28A.630.045 mathematics, end-of-course assessments 28A.655.066 norm-referenced assessments 28A.655.200 objective alternative methods 28A.655.063, 28A.655.065 parent notification of child’s performance 28A.230.195 reporting requirements 28A.655.090 superintendent of public instruction, duties 28A.655.070 technology literacy and fluency 28A.655.075 Assistive devices for children with disabilities 28A.155.160, 28A.335.205 Associated and nonassociated student body funds generally 28A.325.030 Associated student body defined, rules 28A.325.020 Asthma uniform policy 28A.210.370 Athletes eligibility, violations 67.04.140 noneligibility, appeals 28A.600.205 steroid use, loss of eligibility 69.41.340 Athletics delegation of regulatory authority to nonprofit entity 28A.600.200 Attendance enrollment options, district of choice 28A.225.310 failure to cause juvenile to attend school relevant to neglect petition 13.34.300 grading consideration 28A.600.030 sex offenders may not attend school attended by victim 13.40.215 Audits first and second class districts 28A.350.030 withholding or recovering state payments, basis 28A.300.175 Autism, information 28A.155.190 (2008 Ed.) Background investigation of certain prospective employees and volunteers definitions, records 43.43.834 Background investigations of certain prospective employees definitions, records 43.43.840 Background investigations of certain prospective employees and volunteers 28A.320.155 definitions, records 43.43.830, 43.43.832, 43.43.836, 43.43.838 finger-print based 43.43.839 immunity of state 43.43.833 Bankruptcy readjustment and relief from debts Ch. 39.64 Basic education act administrators, responsibility and accountability, penalty 28A.150.240 character traits and values recognized as essential 28A.150.211 definitions 28A.150.220 directors, responsibility and accountability 28A.150.230 goals 28A.150.210 instructional hours definition 28A.150.205 program accessibility, requirements, rules 28A.150.220 contents 28A.150.200 school days for noninstructional purposes 28A.150.220 teachers, responsibility and accountability, penalty 28A.150.240 waivers for local educational excellence plans 28A.305.140 waivers for restructuring educational program 28A.305.140 Basic education certificated instructional staff defined 28A.150.100 salary allocation schedule 28A.150.410 Basic education skills courses, content to meet or exceed 28A.230.010 Before-and-after school and vacation care community learning center program 28A.215.060 Benefits contracts for services performed by classified employees health benefits to be similar to those available to school employees 28A.400.285 district employees 28A.400.200 employee benefits contracts for, requirements 28A.400.275 definitions 28A.400.270 employer contributions 28A.400.280 health care insurance 28A.400.200 contracts for, requirements 28A.400.275 contracts for services performed by classified employees benefits to be similar to those available to school employees 28A.400.285 definitions 28A.400.270 employer contributions 28A.400.280 Bids and bidding school work and purchases, bidding required, procedure, books excepted 28A.335.190 telephone or written solicitation of competitive bids 28A.335.190 Bilingual (transitional) instruction program annual review and report by the superintendent of public instruction 28A.180.020 budget request for moneys, priorities 28A.180.080 definitions 28A.180.030 English language skills test 28A.180.080 guidelines and rules 28A.180.060 purpose 28A.180.010 school board duties 28A.180.040 Blind, school for, See BLIND, subtitle State school for Board and room payment for authorized 28A.160.030 Board of directors, See SCHOOLS AND SCHOOL DISTRICTS, subtitle School districts Board of education intermediate school district, See EDUCATIONAL SERVICE DISTRICT BOARD Board of supervisors (district building plans) duties 28A.335.270 members 28A.335.270 Boards, nonhigh school district plan for capital fund aid to high school district, issued under 28A.540.060 Bomb threats 9.61.160 Bond issues adjustment of bonded indebtedness, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Indebtedness college facilities, bond issues for, payment, effect on indebtedness limitation 28B.50.600 college facilities under control of college district board, continuation of payment by school district 28B.50.601 community and technical college facilities bond issues for 28B.50.740 credit enhancement program to pledge credit of state to payment of district bonds, purpose and procedures Ch. 39.98 definitions 7.25.005 elections, See ELECTIONS, subtitle Schools and school districts general provisions applicable to declaratory judgments 7.25.010 facsimile signatures destruction of plates 39.44.100 fraud by printer or engraver, penalty 39.44.101 legal sufficiency 39.44.100 maturity of bonds 39.44.070 registered bonds, statements and signatures 39.44.102 registration of bonds and interest coupon interest payments 39.44.120 generally amount 28A.530.010 authority of directors to issue, purposes 28A.530.010 declaratory judgments 7.25.010 disposition of proceeds 28A.530.030 elections ballots 28A.530.020 notice of, contents 28A.530.020 required 28A.530.010 vote required when indebtedness exceeded 28A.530.020 exchange of warrants for bonds 28A.530.070 expenses of treasurer 28A.530.060 holder’s notice of ownership 28A.530.050 interest suspension of 28A.530.050 mutual savings banks, authorized investment for 32.20.070 payability 28A.530.010 redemption 28A.530.050 refunding, former issues without vote of the people 28A.530.040 bankruptcy readjustment and relief from debts Ch. 39.64 resolution calling for election to specify purposes 28A.530.020 sale 28A.530.010 savings and loan associations, investment in 33.24.050, 33.24.060, 33.24.070 treasurer’s notice of redemption 28A.530.050 United States, sales of bonds to at private sale Ch. 39.48 vote required 28A.530.010 registration of bonds county treasurer as registration officer, designation of fiscal agent 39.44.130 [RCW Index—page 653] SCHOOLS AND SCHOOL DISTRICTS sale of to United States at private sale amortization 39.48.020 optional chapter 39.48.040 use of funds 28A.525.310 validating and ratifying indebtedness authority, limitations 28A.535.050 validating indebtedness authority, limitations 28A.535.010 election 28A.535.020, 28A.535.030, 28A.535.040 proceedings after merger with another district 28A.535.080 exchange of warrants for bonds 28A.535.060 proceedings after merger with another district 28A.535.080 resolution 28A.535.020 Books, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Textbooks Boxing, martial arts, and wrestling matches exemption from department of licensing regulation 67.08.015 Braille instruction definition 28A.155.105 provision in student’s curriculum 28A.155.115 student assessment 28A.155.115 Breakfast and lunch programs grants to increase participation 28A.235.150 Breakfast and lunch programs, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Food services Budget review committees members 28A.505.070 review of budget, limitations 28A.505.070 Budgets additional appropriation resolutions second class districts, procedure 28A.505.180 adoption, time limit 28A.505.060 appropriations, termination of, exception 28A.505.160 balanced estimated expenditures 28A.505.130 budget review committees members 28A.505.070 review of budget, limitations 28A.505.070 classifications 28A.505.090 classifications for district budgets, manual 28A.300.060 disposition of copies 28A.505.080 educational service district budget 28A.310.390 educational service district superintendent state board of education to examine 28A.310.370 educational service districts, state board of education to examine 28A.310.370 emergency or additional appropriation resolutions filing with superintendent of public instruction, and educational service district 28A.505.170 first class districts, procedure 28A.505.170 expenditure sections, content 28A.505.120 expenditures limited to budgeted amounts 28A.505.150 filing of, where 28A.505.080 first class districts moneys for permanent insurance fund in 28A.330.100 fiscal year, defined 28A.505.030 format, mandatory 28A.505.090 hearing 28A.505.060 improper budgets interim financial plans adopted 28A.505.140 procedure 28A.505.140 interim expenditures, authorized 28A.505.150 liability for nonbudgeted expenditures 28A.505.150 notice of meeting to adopt 28A.505.050 preparation procedure 28A.505.040 presentation to educational service district for review, alteration, and approval 28A.505.060 [RCW Index—page 654] procedural compliance responsibility of the superintendent of public instruction 28A.505.140 receivables, collectible in future years, use of to balance budget 28A.505.110 revenue and expenditure recognition methods required to be used 28A.505.020 revenue sections, content 28A.505.100 salaries, display of 28A.505.100 state support funds, withholding for noncompliance with restrictions issued by superintendent of public instruction 28A.505.120 studies required 28A.300.060 transfers between budget classes 28A.505.150 Buildings and plants, generally art, works of, purchases 28A.335.210 automatic fire-extinguishing system requirements 19.27.113 high-performance public buildings LEED silver standard Ch. 39.35D leases, extended term, authorized 28A.335.170 real property, purchase by second class districts 28A.335.240 school property for public purposes, acquisition, construction of, second class districts 28A.335.250, 28A.335.260, 28A.335.270 limitation on expenditures 28A.335.280 second class districts purchase of real property for district purposes 28A.335.240 school houses, teachers’ cottages, for 28A.335.240 Buildings and plants, state aid applications for 28A.525.050 assistance state, intent of legislature 28A.525.010 barrier-free access 28A.525.030 board of education state, duties 28A.525.020 bond issues bond anticipation notes, authorized, payment 28A.525.250 bond issues—1963 act modernization of existing facilities 28A.525.030 bond issues—1980 act bond anticipation notes, authorized, payment 28A.525.240 bond retirement fund utilized, purpose 28A.525.270 bonds and notes, form, terms, conditions, covenants 28A.525.250 bonds as legal investment for public funds 28A.525.280 bonds authorized 28A.525.230 compensation for sale of timber 28A.525.230 disposition of proceeds from sale of bonds and notes 28A.525.260 limited by other statutes, covenants, and proceedings 28A.525.290 payment of principal and interest on bonds 28A.525.270 proceeds from as compensation for sale of timber from trust lands 28A.525.230, 28A.525.300 sale, conditions 28A.525.230, 28A.525.250 bond issues—1984 act authorized 28A.525.212 deposit of proceeds in common school construction fund 28A.525.214 form, condition 28A.525.218 intent 28A.525.210 legal investment for public funds 28A.525.222 legislature may provide additional means for payment 28A.525.220 proceeds administration 28A.525.216 deposited in common school construction fund 28A.525.214 sale 28A.525.212 state general obligation bond fund utilized for payment of principal and interest 28A.525.218 buildings, portable, funds available for 28A.525.040 classrooms, portable, funds available for 28A.525.040 common school plant facilities aid allocation 28A.525.162, 28A.525.164, 28A.525.166 application for state aid to superintendent of public instruction 28A.525.172 common school construction fund allocations from 28A.525.162 construction standards 28A.525.174 eligibility 28A.525.168 emergency, excess funds required, procedure 28A.525.170 federal funds, effect of 28A.525.180 fund prioritization, limitation 28A.525.190 matching funds from local district, excess tax levies or bonds 28A.525.162 not needed for changes for barrier-free access 28A.525.162 publication of manual, specification of materials, standards 28A.525.174 state matching percentage, computation 28A.525.162 statutory authority 28A.525.200 studies and surveys 28A.525.172 superintendent of public instruction powers and duties relative to 28A.525.164 taxation for matching funds, provisions relating to 28A.525.168 valuation to property, for purposes of allocating state aid 28A.525.168 construction, portable buildings and classrooms, matching funds authorized 28A.525.040 construction management techniques 28A.525.090 duties, state board of education 28A.525.020 funds, matching, available for portable buildings and classrooms 28A.525.040 information and guidance manual, required 28A.525.060 inventory assessment exclusion, new construction eligibility 28A.525.055 manual, information and guidance, published by superintendent of public instruction 28A.525.060 new construction eligibility, inventory assessment exclusion 28A.525.055 portable buildings or classrooms, funds available 28A.525.040 repairs, portable buildings and classrooms, matching funds authorized 28A.525.040 skill centers, bond issue Ch. 28A.527 statutory authority 28A.525.200 superintendent of public instruction duty to assist districts and state board of education 28A.525.070 duty to publish information and guidance manual 28A.525.060, 28A.525.174 superintendent of public instruction, duties 28A.525.020 use of funds 28A.525.310 vacant facilities, leasing 28A.335.230 Buildings and property barrier-free access 28A.525.030 community college facilities sharing of facilities and services 28B.50.530 handicapped, provisions for in public building, generally Ch. 70.92 high-performance public buildings compliance with requirements 28A.150.520 implementation rules 28A.150.530 modernization of existing facilities 28A.525.030 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS Buses, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Transportation Capital improvements 28A.320.330 Career and technical education, secondary awareness campaign 28A.700.080 course equivalencies 28A.700.070 findings, intent 28A.700.005 grants academic rigor 28A.700.070 certification testing fees 28A.700.090 high-demand programs 28A.700.050 model programs 28A.700.060 performance measures and targets 28A.700.040 plans, standards 28A.700.010 preparatory programs, criteria 28A.700.030 statewide high-demand programs, list and definitions 28A.700.020 Career and technical education partnerships skill center Ch. 28A.245 Career and technical student organizations 28A.300.380 Case forecast council, organization and duties Ch. 43.88C Catheterization of students 18.79.290, 28A.210.255, 28A.210.280, 28A.210.290 Center for improvement of student learning account 28A.300.135 African-American students, report on 28A.300.137 scope 28A.300.130 Certificated employees commendable employee service and recognition award program 28A.625.150 deferred compensation plan 28A.400.240 defined 28A.150.060 disqualification from certificate for conviction for felony sex offenses against child 9.96A.020 request for service by superintendent of public instruction or state board of education, reimbursement of substitute 28A.300.035 violence prevention training 28A.300.270 Certification, professional, not required for superintendent of a local district 28A.410.120 Certification of personnel 28A.410.010 Child abuse background investigations of certain prospective employees and volunteers 43.43.830 background investigations of prospective employees 43.43.840 background investigations of prospective employees and volunteers 43.43.832, 43.43.834, 43.43.836, 43.43.838 council for children and families Ch. 43.121 Child abuse and neglect community education programs 28A.620.010, 28A.620.020 curriculum 28A.300.150, 28A.300.160 policy, written 28A.230.080 program participation 28A.230.080 reporting Ch. 26.44 Child removed from school grounds during school hours 28A.605.010 Children’s system of care demonstration sites 28A.300.430 Cities and towns owning public utilities generating facilities located in another county notice of loss 35.21.426 payment formulas 35.21.427 reimbursement 35.21.425 Civics curriculum, interactive 28A.630.035 Civil education travel grant program 28A.300.480 Civil liberties public education program Japanese Americans, World War II internment 28A.300.390, 28A.300.395, 28A.300.400, 28A.300.405, 28A.300.410, 28A.300.412, 28A.300.415 Claims against (2008 Ed.) liability for debts and judgments against 28A.320.020 service fee for investment, reinvestment of school funds 28A.320.320 treasurer’s expenses in issuing, sale, redemption, of bonds 28A.530.060 Classification and numbering system 28A.300.065 Classified employees excellence in education award program certificate 28A.625.042 recognition award 28A.625.042 violence prevention training 28A.300.270 Classified staff commendable employee service and recognition award program 28A.625.150 transfer rights 28A.400.300 Classroom activities parents access to 28A.605.020 Classroom assistants paraprofessional training program 28A.415.310 Clearinghouse for information on educational improvement and parental involvement programs 28A.300.130 Closures citizen involvement 28A.335.020 emergencies exempt 28A.335.030 Collective bargaining, See EDUCATIONAL EMPLOYMENT RELATIONS ACT College, career, or work opportunities program to help students meet or pursue requirements 28A.230.130 College credit programs information 28A.300.118, 28A.300.119 Combined city and county municipal corporations school districts retained as political subdivisions 36.65.020 Commencement exercises, funds for 28A.320.080 Commendable employee service and recognition award program 28A.625.150 Commission on student learning definitions 28A.655.010 transfer of powers and duties 28A.655.900 Common school construction fund creation 28A.515.320 sources 28A.515.320 uses 28A.515.320 Common schools defined 28A.150.020 qualification for admission 28A.225.160 special legislation affecting management prohibited Const. Art. 2 § 28 superintendent of public instruction to supervise Const. Art. 3 § 22 Community and technical colleges, See COMMUNITY AND TECHNICAL COLLEGES Community education programs authorized 28A.620.020 purpose 28A.620.010 restrictions 28A.620.020 Community learning center program 28A.215.060 Community public health and safety networks grants for use of school facilities 70.190.180 Community service organizations neighborhood improvement projects 35.21.278 Community truancy boards 28A.225.025 Community-based sealant programs 18.29.220, 18.32.226 Comprehensive K-3 foundations program demonstration projects 28A.630.055 Compulsory attendance alcohol or controlled substance testing, authority to order 28A.225.031 community truancy boards 28A.225.025 court orders 28A.225.090 custody of truants by law enforcement officers 28A.225.060 disposition of fines 28A.225.110 educational services for truants, funding 28A.225.115 employment during school hours prohibited 28A.225.080 employment permits, contents, retention by employer 28A.225.080 enforcing officers not liable for costs 28A.225.140 generally 28A.225.010 hearing of cases, authority and jurisdiction 28A.225.095 Indians, assumption of state jurisdiction 37.12.010 juvenile court jurisdiction 28A.225.030 mandatory, exceptions 28A.225.010 parents’ defense 28A.225.090 penalties, generally 28A.225.090 reports of actions taken regarding truants 28A.225.151 requirements, information distribution 28A.225.005 school attendance violation petitions, report 2.56.140 school’s duties, child’s failure to attend 28A.225.020 six or seven-year-olds 28A.225.015 Computers surplus legislative equipment, donation to schools 44.04.250 surplus state equipment donated, guidelines 43.19.19191 Constitutions, study of required 28A.230.170 Construction of buildings, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, generally; SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid Contagious or infectious diseases, exclusion of persons having from school premises 28A.210.010 Contracts alternative educational service providers, student eligibility 28A.150.305 awarding of bids 28A.335.190 certificated personnel, supplemental contracts for additional duties, requirement 28A.405.240 conditional sales contracts for acquisition of property or property rights, limitations, joint action 28A.335.200 contractor prohibited from employing person convicted of felony crime against child, penalty for violation 28A.400.330 contractors with access to children fingerprint check 28A.400.303 fingerprint check, records of fingerprints 28A.400.306 record check through state patrol criminal identification system 28A.400.303 district board of directors’ powers and duties 28A.320.035 highly capable students, University of Washington 28A.185.040 information and research services, for 28A.320.110 intergovernmental cooperation, authority Ch. 39.34 lease of buildings, security systems, computers, equipment, for extended periods, authorized 28A.335.170 spouse of district officer as teacher or substitute teacher 42.23.030 superintendent, with 28A.400.010 termination compensation 28A.400.220 transportation 28A.335.170 transportation services 28A.160.140 Contracts for services performed by classified employees health benefits to be similar to those available to school employees 28A.400.285 Contracts with youth programs, liability 4.24.660 [RCW Index—page 655] SCHOOLS AND SCHOOL DISTRICTS Controlled substances violations committed in or near schools or school buses 69.50.435 Cooperative programs among school districts 28A.225.250 Corporal punishment prohibited 28A.150.300 Counselors, certification 28A.410.043 County auditor, duties first and second class districts 28A.350.030 warrants drawing and issuing second class districts 28A.350.040 exceeding budget, liability 28A.350.060 registration all districts 28A.350.010 second class districts 28A.350.020 County treasurer, duties concerning warrants, registration all districts 28A.350.010 second class districts 28A.350.020 Courses, studies administration state history and government, content 28A.230.092 Courses, studies and instruction AIDS 28A.230.070 basic language to be used 28A.230.030 career and technical high school equivalencies 28A.230.097 constitutions, study of 28A.230.170 duties of board 28A.230.010 English language 28A.230.030 instruction to be in 28A.230.030 essential academic learning requirements and assessments 28A.230.095 family preservation education program 28A.230.185, 28A.300.185 first class districts 28A.330.100 foreign language, when instruction permitted 28A.230.030 generally 28A.230.020 lip reading, free instruction in 28A.320.080 physical education 28A.230.040, 28A.230.050 pupils to comply with 28A.600.040 state history and government, waiver 28A.230.060 teachers to enforce, withholding salary until done 28A.405.060 tribal history and culture, Indian 28A.320.170 vocational and academic education 28A.300.230, 28A.300.235 Crimes against children by school employee notification of state patrol and superintendent of public instruction 43.43.845 Crimes relating to abusing teachers, penalty 28A.635.010 allowing teacher to teach whose certificate revoked for not emphasizing patriotism 28A.405.040 bomb threats 9.61.160 bribery and grafting by school officials, penalty 28A.635.050 discrimination to deny public accommodations because of race, color, or creed 9.91.010 disturbing school, school activities or meetings, penalty 28A.635.030 examinations assisting person to answer questions, penalty 28A.635.040 disclosing questions, penalty 28A.635.040 expenditures by school officials in excess of revenues, penalty 28A.535.070 hiring of uncertificated teachers, director’s connivance, penalty 28A.635.080 insulting teachers, penalty 28A.635.010 interfering by force or violence with any employee or student 28A.635.090 intimidating any administrator, teacher or student 28A.635.100 possessing dangerous weapons on school premises or facilities, penalty, exceptions 9.41.280 [RCW Index—page 656] school directors, failure to enforce certain requirements for teachers, penalty 28A.405.040 school property defacing or otherwise injuring, penalty, parent’s or guardian’s liability 28A.635.060 failure of officials, employees, to account for, mutilation by, penalty 28A.635.070 student voluntary work program 28A.635.060 teaching when certificate revoked for failure to emphasize patriotism, penalty 28A.405.040 willful disobedience of order of school administrative personnel or law enforcement officer 28A.635.020 Crosswalks, speed limits 46.61.440 Current state school fund, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Funds Curriculum-based assessment procedures 28A.155.140 Data systems 28A.300.500, 28A.300.505, 28A.320.175 Day care school-based day care 28A.215.050 Deaf, state school for, See DEAF, subtitle State school for Debts authority to contract Const. Art. 8 § 6 certain federal payments to counties designated to reduce districts’ outstanding debts 36.01.200 credit enhancement program to pledge credit of state to payment of district bonds, purpose and procedures Ch. 39.98 liability of school district for 28A.320.020 Debts, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Indebtedness Declaratory judgments, bond issues 7.25.010 Deferred compensation plan, certificated or classified employees 28A.400.240 Dental hygiene, sealant endorsement program 43.70.650 Dependent children educational records, transmittal 28A.150.510 Deposit of cumulative total of earnings of group of employees authorized 28A.400.230 conditions 28A.400.230 Diplomas, community and technical colleges authorized to issue 28B.50.535 Diplomas for high school graduation 28A.230.120 Director districts, organization and operation Ch. 28A.343 Directors accountability of board for district operations 28A.150.230 additional powers of board in first class district 28A.330.100 associated student body, powers and responsibilities affecting 28A.325.020 bonds, board authority to issue 28A.530.010 borrowing of money, board authority 28A.530.010 educational service district directors, restriction on service as 28A.310.070 indebtedness, additional authority to contract for 28A.530.080 insurance authority to purchase liability insurance for officials and employees 28A.400.360 liability for nonbudgeted expenditures 28A.505.150 lunchrooms, may authorize for nonprofit meal program for certain children 28A.623.030 responsibilities of board, accountability for district operations 28A.150.230 responsibility and accountability for basic education act of 1977 28A.150.230 special standards schools and programs, authorization 28A.320.140 Disabilities, children with administrative section 28A.155.020, 28A.155.030 appeals respecting program for 28A.155.080 apportionment of state and county funds 28A.155.040, 28A.155.050, 28A.155.070 assistive devices 28A.155.160, 28A.335.205 authority 28A.155.040 certificate of individual achievement 28A.155.045 contracts with agencies, district authority 28A.155.060 defined 28A.155.020 early intervention services 28A.155.065 graduation ceremonies 28A.155.170 home aid 28A.155.050 lease of buses for transporting of 28A.160.040, 28A.160.050, 28A.160.060 preschool age children 28A.155.020, 28A.155.070 provide parental training in care and education 28A.155.020 safety net funds 28A.155.180 sites, buildings and equipment, financing 28A.155.040 special aid equipment and teachers 28A.155.040 Disability history month 28A.230.158 Discipline building discipline standards 28A.400.110 classroom policies and procedures 28A.600.460 enforcement authority 28A.600.010 principal’s responsibility 28A.400.110 procedures 28A.600.020 pupils to submit to authority of teachers 28A.600.040 special standards schools and programs, authorization 28A.320.140 Discipline, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Pupils, suspension, discipline or expulsion Discrimination, law against, as applicable to school employment 28A.400.310 Discrimination in hiring certificated personnel prohibited, scope 28A.405.250 Diseases, exclusion of infected teachers, pupils or janitors 28A.210.010 Disruptive students, teacher training in managing 28A.415.330 Districts, See SCHOOLS AND SCHOOL DISTRICTS, subtitle School districts Disturbing school, school activities or meetings, penalty 28A.635.030 Dress and grooming codes special standards schools and programs, authorization 28A.320.140 Dress codes 28A.320.140 Driver training schools generally Ch. 46.82 Drivers’ education, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Traffic safety education courses in schools Dropout prevention, intervention, and retrievel system building bridges program awards 28A.175.045, 28A.175.055 creation, grants 28A.175.025 criteria and requirements 28A.175.035 educational service districts 28A.175.065 work group 28A.175.075 educational progress information 28A.175.010 Dropouts, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Educational centers Drug and alcohol abuse prevention and early intervention grants, selection of recipients, program rules 28A.170.090 grants for intervention and counseling services 28A.170.080 legislative findings and intent 28A.170.075 Early childhood education and assistance program Ch. 43.215 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS Early intensive reading and language assistance special services pilot program 28A.630.016 Early intervention programs and curriculum planning 28A.155.140 Early intervention services interagency agreements 70.195.030 Early learning, department of Ch. 43.215 Earnings, cumulative total of groups of employees, deposit of, authorized, conditions 28A.400.230 Earthquake resistance standards 70.86.020, 70.86.030 Education, state to provide Const. Art. 9 § 1 Education ombudsman, office of Ch. 43.06B Education savings account 43.79.465 Educational broadcasting, See WASHINGTON STATE PUBLIC BROADCASTING COMMISSION Educational centers allocation of funds 28A.205.070 biennial budget request, SPI to include in 28A.205.090 certification 28A.205.010, 28A.205.050 defined 28A.205.010 dropouts, enrollment requirement 28A.205.020 enrollment eligibility requirements 28A.205.020 fees, schedule of 28A.205.040 fund distribution 28A.205.080 general educational development test, eligibility to take 28A.205.030 legislative findings 28A.205.080 reentry into common schools 28A.205.030 reimbursement procedure 28A.205.040 rules, adoption authority 28A.205.050 rules, authority 28A.205.050 Educational excellence, local plans waivers of the basic education act 28A.305.140 application process 28A.305.145 Educational loans, student contracts Ch. 26.30 Educational pathways 28A.600.160 Educational records, dependent children transmittal to department of social and health services 28A.150.510 Educational restructuring, joint select committee review of allowed waivers, report 28A.655.180 waivers for districts to implement restructuring 28A.655.180 Educational service districts, See EDUCATIONAL SERVICE DISTRICTS Educational staff associates continuing education requirements, acceptance of credits 28A.415.060 Elderly persons definitions 28A.160.070 lease of buses for transporting of 28A.160.040 nonprofit meal programs for authorized 28A.623.020 purpose 28A.623.010 restrictions 28A.623.020 waiver of fees for extracurricular activities 28A.325.010 Elections bond issues, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Bond issues, generally Elections, provisions applicable to all districts Ch. 28A.320 conduct 28A.320.410 proper polling places 28A.320.400 voters, qualifications for 28A.320.400 bonds for land, buildings, and equipment Ch. 28A.530 educational service district board Ch. 28A.310 first and second class districts Ch. 28A.330 organization and reorganization of districts Ch. 28A.315 Elementary schools, acreage limitation as to eminent domain for 28A.335.220 Emergencies (2008 Ed.) enhanced 911 service required 28A.335.320 Eminent domain adjournment of proceedings 8.16.040 appellate review 8.16.130 appropriation, decree of 8.16.110 authority 8.16.010 authority of directors to exercise power of, limitation on acreage 28A.335.220 compensation 8.16.080 payment 8.16.110 costs 8.16.120 hearing 8.16.050 judgment 8.16.110 jury 8.16.060 view of premises 8.16.070 waiver 8.16.100 necessity, finding of 8.16.050 notice petition, service of 8.16.030 parties, designation of 8.16.150 petition 8.16.020 notice, service of 8.16.030 possession not delayed by appeal 8.16.140 trial 8.16.070 verdict 8.16.080, 8.16.090 Eminent domain, See also EMINENT DOMAIN Employee attendance incentive program 28A.400.210 early retirement, effect 28A.400.212 Employees actions against, defense, costs, fees, payment of obligation 28A.320.100 administrators, transfers to subordinate certificated position 28A.405.230 blind, hearing impaired persons, discrimination in prohibited 70.84.080 certificated employees certain certificated employees exempt from chapter 28A.67 RCW, provisions 28A.405.900 defined 28A.150.060 discrimination in hiring prohibited, scope 28A.405.250 payroll deductions authorized, when 28A.405.410 personnel file, availability to employee 28A.405.250 certification 28A.410.010 registration of certificates 28A.410.070 certified employees false academic credentials 28A.405.260 child of employee transfer to employee’s district 28A.225.225 classified employees supervision of children in noninstructional activities authorized 28A.405.465 commendable employee service and recognition award 28A.625.150 contract status appellate review 28A.405.360, 28A.405.370, 28A.405.380 contract status, certificated employees adversely affecting or discharge decision 28A.405.300 hearing 28A.405.300 judicial appeal from appeal without jury and expeditiously 28A.405.340 attorney’s fees and costs, award of 28A.405.350 certification and filing of school board hearings transcript 28A.405.330 damages for loss of compensation, award of 28A.405.350 notice of, service, filing, contents 28A.405.320 notification 28A.405.300 judicial appeal from, notice of, service, filing, contents 28A.405.320 contracts certificated employees certificate required 28A.405.210 nonrenewal 28A.405.210 requisites 28A.405.210 written 28A.405.210 provisional employees nonrenewal 28A.405.220 requisites 28A.405.220 cost-of-living increases 28A.400.205, 28A.400.206 crimes against children notification of state patrol and superintendent of public instruction 43.43.845 discharge notice to contain notice of right of appeal if available 28A.400.340 earnings, deposit of by district, authorized 28A.400.230 educational service district directors, restriction on service as 28A.310.070 educational staff associates continuing education requirements, acceptance of credits 28A.415.060 evaluation criteria and procedure for certificated employees 28A.405.100 excellence in education awards to classified staff 28A.625.020 consultation with 28A.625.050 fingerprint check 28A.400.303 fingerprint check, records of fingerprints 28A.400.306 first class district, selection of 28A.330.020 health services, employee job description 28A.210.255 hospitalization and medical aid for employees and dependents 28A.400.350 insurance to protect and hold personally harmless 28A.320.060 job sharing 28A.405.070 law against discrimination applicable to districts’ employment practices 28A.400.310 leave sharing program establishment and administration 28A.400.380 liability for nonbudgeted expenditures 28A.505.150 lunch period, certificated employees 28A.405.460 meal programs 28A.235.120 negotiations by certificated personnel, See EDUCATIONAL EMPLOYMENT RELATIONS ACT participation in state insurance programs 41.04.205 payroll deductions authorized, when 28A.405.400 physical abuse duty to report, training 28A.400.317 principals duties 28A.400.100 employment of 28A.400.100 qualifications 28A.400.100 probation for certificated employees 28A.405.100 provisional employees defined 28A.405.220 nonrenewal of contracts 28A.405.220 qualifications to hold school office 42.04.020 record check information, access 28A.400.305 record check through state patrol criminal identification system 28A.400.303 request for service by superintendent of public instruction or state board of education, reimbursement of substitute 28A.300.035 restricted from membership on educational service district board 28A.310.150 retired and disabled district employees payment to public employees’ and retirees’ insurance account 28A.400.410 retired employees insurance premium payment 28A.400.395 retired or disabled employees [RCW Index—page 657] SCHOOLS AND SCHOOL DISTRICTS district contributions to the public employees’ and retirees’ insurance account 28A.400.400 insurance, continued coverage application 28A.400.391 retirement, accumulated leave creditable 28A.400.300 retirement system Ch. 41.35 salaries, limitations 28A.400.220 sexual misconduct alleged, parental notification 28A.320.160 duty to report, training 28A.400.317 information on past, application requirements 28A.400.301 spouse of district officer as teacher or substitute teacher 42.23.030 superintendent, employment of 28A.400.010 supervisors in school lunchrooms 28A.235.120 tax deferred annuities for employees in lieu of salary 28A.400.250 termination upon conviction for felony crime against child, right of appeal 28A.400.320, 28A.405.470 transfer rights 28A.400.300 vice principals duties 28A.400.100 employment of 28A.400.100 qualifications 28A.400.100 violence prevention training 28A.300.270 Employment person convicted of felony sex offense against child prohibited from 9.96A.020 Energy audits 28A.320.330 Energy conservation projects in buildings audit of facilities 39.35C.025 authority of district to implement 39.35C.050 coordination 39.35C.030 definitions 39.35C.010 financing 39.35C.060 implementation 39.35C.020 sale of conserved energy 39.35C.040 Energy information program development duties, superintendent of public instruction 28A.300.164 English as a second language demonstration project 28A.630.058 Enrollment proof of residency not required to enroll homeless child 28A.225.215 Enrollment forecasts 43.62.050 Enrollment options attendance in district of choice 28A.225.310 high school students existing agreements with postsecondary institutions not affected 28A.600.400 information booklet 28A.225.290 information to parents 28A.225.300 intradistrict enrollment options policy 28A.225.270 Environmental impact statements school closures, exemptions 43.21C.038 Escheats bank dividends unclaimed after liquidation and winding up escheat to permanent school fund 30.44.150, 30.44.180 trust company dividends unclaimed after liquidation and winding up 30.44.150, 30.44.180 Essential academic learning requirements and assessments Ch. 28A.655 Establishment and maintenance guaranteed Const. Art. 26 § 4 Evaluation of teachers legislative findings 28A.405.110 training for evaluators 28A.405.120, 28A.405.130 Expenditures books, periodicals and postage, purchase of 42.24.035 information on school districts’ programs, expenditures for authorized 28A.320.090 [RCW Index—page 658] record of kept by district superintendent 28A.400.030 Expenses and per diem educational service district boards 28A.310.160 expenses of school officers or representatives attending meetings, advancement of 28A.320.050 school officers and representatives attending meetings 28A.320.050 superintendent candidates, employment interviews 28A.320.050 Extended learning opportunities program 28A.320.190 Extension programs for parents to teach children 28A.195.010 Extracurricular activities delegation of interschool regulatory authority to nonprofit entity 28A.600.200 eligibility of transfer students 28A.225.280 fees, authorized and disposition of 28A.325.010 liability insurance for extracurricular interschool activities may require students to provide coverage as condition of participation 28A.400.350 noneligibility, appeals 28A.600.205 senior citizen fee waiver 28A.325.010 Eye protection in schools, generally Ch. 70.100 Family preservation education program 28A.230.185, 28A.300.185 Farm-to-school program 15.64.060 Federal food service revolving fund 28A.235.020, 28A.235.030 Federal funds building and plants, availability to districts 28A.525.080 superintendent of public instruction to receive and administer 28A.300.070 Federal payments, certain, to counties designated to reduce districts’ outstanding debts 36.01.200 Fees for extracurricular events authorized 28A.325.010 disposition of 28A.325.010 senior citizen waiver 28A.325.010 Financial literacy public-private partnership account 28A.300.465 best methods, outcome measures 28A.300.460 definitions, strategies, report 28A.300.455 duties 28A.230.205 established 28A.300.450 expiration date 28A.300.470 Fircrest school, See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers Fire protection automatic fire-extinguishing system requirements 19.27.113 director of fire protection duties 43.44.030, 48.48.045 Firearms possession on school premises penalty, exceptions 9.41.280 student expulsion, exemptions 28A.600.420 warrantless arrest, when authorized 10.31.100 First class districts appropriations, necessary increases, procedure 28A.505.170 assistant superintendents dismissal of 28A.330.100 employment of 28A.330.100 attorneys, to serve at pleasure of board 28A.330.100 auditing committee duties 28A.330.090 members 28A.330.090 budgets appropriations, emergencies or additional, procedure 28A.505.170 claims against, payment of 28A.330.080, 28A.330.090 courses, studies and instruction 28A.330.100 directors additional powers of board 28A.330.100 attorneys, to serve at pleasure of board 28A.330.100 auditing committee, as members of 28A.330.090 meetings location 28A.330.070 powers and duties, additional powers 28A.330.100 signatures on warrants, exception 28A.330.080 emergencies, appropriations, procedure 28A.505.170 employees bonds 28A.330.100 dismissal of 28A.330.100 hiring of 28A.330.100 selection of 28A.330.020 expenditures by, limitations 28A.330.090 free textbooks and supplies 28A.330.100 insurance reserve, created, use 28A.330.110 medical inspector appointment 28A.330.100 deputies 28A.330.100 duties 28A.330.100 office 28A.330.070 officers, generally, election 28A.330.020 president duties 28A.330.030 election, term 28A.330.010 signature on warrants, exception 28A.330.080 president pro tempore, duties 28A.330.010 records public inspection of 28A.330.070 where kept 28A.330.070 school year 28A.330.100 secret fraternities and sororities prohibited 28A.330.100 secretary bond and oath 28A.330.060 duties 28A.330.050 superintendent as 28A.330.010 warrants, drawing of and signing orders for, when 28A.330.080 superintendent bond and oath 28A.330.060 dismissal of 28A.330.100 employment of 28A.330.100 as secretary of board of directors 28A.330.050 vaccination of pupils prohibited without parental permission 28A.330.100 vice president duties 28A.330.040 election, term 28A.330.010 warrants 28A.330.080 registration 28A.350.010 teachers 28A.350.050 Fiscal year 1.16.030 Fiscal year, defined 28A.505.030 Flags daily flag exercise 28A.230.140 display 28A.230.140 exercises 28A.230.140 Food service revolving fund 28A.235.020, 28A.235.030 Food services breakfast and lunch programs breakfast 28A.235.140 grants, increased state support 28A.235.150 requirements to implement 28A.235.160 use of state funds 28A.235.145 nutritious foods and exercise 28A.210.360, 28A.210.365 rule making authority, superintendent of public instruction 28A.235.100 summer food service program federal, administration 28A.235.155 requirements to implement 28A.235.160 Washington grown fresh fruit and vegetable grant program 28A.235.170 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS Forest reserve funds distribution, procedure 28A.520.010 Foster care education plans 28A.300.800, 28A.630.005 Free from sectarian control Const. Art. 9 § 4, Const. Art. 26 § 4 Funding, real estate excise tax Ch. 82.45, Ch. 82.46 Funds advance refunding bond funds 28A.320.330 apportionment by special legislation forbidden Const. Art. 2 § 28 apportionments, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Apportionments associated student body fund 28A.320.330 authorized funds required to be established by each district 28A.320.330 basic education allocation administrative goals 28A.150.290 apportionment to school districts 28A.150.250, 28A.150.260 annual basic education allocation for each annual average full time equivalent student 28A.150.260 annual distribution according to annual average full time equivalent student 28A.150.250 rules and regulations 28A.150.290 classes provided outside regular school year 28A.150.420 crediting portion for school building purposes 28A.150.270 FTE student, definition 28A.150.262 high school students enrolled in technical colleges allocation to serving college rather than school district 28A.150.275 paperwork to be reduced 28A.150.290 unforeseen conditions to be recognized 28A.150.290 bond issues for construction of buildings and plants, funds for, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid bonds, investment in Const. Art. 16 § 5 capital projects fund 28A.320.330 created 28A.530.030 district bond issue proceeds deposited in 28A.530.030 investment of building funds 28A.320.310 certain abolished transfer of residue or credit 43.79.441 commencement exercises, providing funds for 28A.320.080 common school construction fund 28A.515.320 creation sources, use, interest Const. Art. 9 § 3 compensation from rental of playgrounds and athletic facilities 28A.335.150 current state school fund abolished, moneys transferred to common school construction fund 43.79.425 apportionment from distribution by educational service district superintendent 28A.510.260 debt service fund 28A.320.330 driver education costs, reimbursement for 28A.220.040 educational service district current school fund, apportionment from by educational service district superintendent 28A.510.260 educational service district institute fund, teacher certification fees paid into service fee for 28A.320.320 enumeration of 28A.320.330 expenditure of funds on county, city building 28A.335.140 expenses of officials attending meetings reimbursed from 28A.320.050 (2008 Ed.) federal funds, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Federal funds forest reserve distribution, procedure 28A.520.010 general fund 28A.320.330 general school fund directors’ association dues paid from 28A.345.050 payment of meal program expenses from 28A.235.120 information on school district’s program, funds for authorized 28A.320.090 in-service training, allocation of, requirements 28A.415.040 insurance, district may contribute for, limitations 28A.400.350 investment of 28A.320.300 milk, furnishing of free milk, school funds used therefor 28A.235.130 permanent common school fund banks and trust companies, liquidation and winding up dividends unclaimed deposited in 30.44.150, 30.44.180 personal property, proceeds deposited in 30.44.220 bonds, investment in Const. Art. 16 § 5 defalcation, fraud or mismanagement losses borne by state, interest 28A.515.310 fish and wildlife lands withdrawn from lease 77.12.360 interest in deposited in current state school fund until July 1, 1965 28A.515.300 investment allowable 28A.515.330 as authorized by law Const. Art. 16 § 5 in United States, state, county, city and town, and school district bonds, when authorized Const. Art. 16 § 5 what securities Const. Art. 16 § 5 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 loans to private persons or corporations forbidden Const. Art. 16 § 5 permanent and irreducible 28A.515.300 proceeds of land and property reverting to state 28A.515.300 safe deposit box contents rent unpaid, sale, proceeds deposited in 22.28.040 unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in 30.44.220 sources, use, interest Const. Art. 9 § 3 sources of 28A.515.300 trade centers, annual service fee, distribution to school districts 53.29.030 records of receipts kept by school district superintendent 28A.400.030 refunded bond funds 28A.320.330 school fund, fines and forfeitures paid into 4.24.180 state educational school funds, losses occasioned by fraud, etc. Const. Art. 9 § 5 state funds allocations to educational service districts, procedure 28A.310.370 apportionment to school districts adjustments to meet emergencies 28A.150.360 part time students for 28A.150.350 reimbursement for acquisition of transportation equipment 28A.150.280 transportation costs 28A.150.280 basic education allocation high school students enrolled in technical colleges allocation to serving college rather than school district 28A.150.275 state general fund apportionment from educational service districts to receive for districts 28A.510.250 emergency advances, procedure 28A.510.250 monthly amount 28A.510.250 apportionment to school districts apportionment factors to be based on current figures 28A.150.400 appropriations estimates for funds required for state appropriation 28A.300.170 appropriations from 28A.150.380 legislative appropriation for ensuing biennium 28A.150.380 state general fund, apportionment from distribution by educational service district superintendent 28A.510.260 student transportation vehicle acquisition procedures 28A.160.200 surplus money generated accounts 28A.335.060 transportation allocation payments, amounts, when 28A.160.190 annual operational report to superintendent 28A.160.170 board and room reimbursement 28A.160.030 definitions 28A.160.160 mile allocation rate adjustment 28A.160.180 operating costs, determination and funding 28A.160.150 reimbursement 28A.160.010, 28A.160.040, 28A.160.070 transportation reimbursement 28A.160.050, 28A.160.060 transportation vehicle fund 28A.160.130 lease, rental 28A.335.060 withholding or recovering state payments, basis 28A.300.175 Gang activity suspension or expulsion 28A.600.455 task force 28A.300.490 Gardens or farms 28A.320.185 Garnishment enforcement against 6.27.040 subject to, when 6.27.040 General educational development test educational center students, eligible to take 28A.205.030 eligibility state board of education rule-making authority 28A.305.190 Gifted students, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Superior students Grading policies attendance may be considered 28A.600.030 superintendent may establish 28A.600.030 Graduation requirements courses, content to meet or exceed 28A.230.010 high school completion program 28B.50.534 state board of education to establish 28A.230.090 superintendent of public instruction implementing rules 28A.230.100 Grants job skills program 28C.04.420 Green Hill School, See CORRECTIONAL FACILITIES Guidance and planning programs, students 28A.600.045 Gun-free zones 9.41.280 Harassment, intimidation, and bullying prevention policy 28A.300.285, 28A.600.480 Health and safety anaphlaxis, policy guidelines 28A.210.388 asthma uniform policy 28A.210.370 contagious or infectious diseases, exclusion of persons having 28A.210.010 health services, employee job description 28A.210.255 [RCW Index—page 659] SCHOOLS AND SCHOOL DISTRICTS medical inspector, employment of 28A.330.100 meningococcal disease, information 28A.210.080 milk, furnishing of free milk 28A.235.130 nurse, employment of authorized 28A.210.300 nutritious foods and exercise 28A.210.360, 28A.210.365 oral medication administration 28A.210.260 immunity from liability 28A.210.270 physician, employment of authorized 28A.210.300, 28A.330.100 student health insurance information, pilot program 28A.210.375 student medication or treatment orders 28A.210.320 students with diabetes 28A.210.330, 28A.210.340 visual and auditory screening 28A.210.020 records of tests 28A.210.030 rules and directions, forms furnished 28A.210.040 Hearing tests 28A.210.020 records of tests 28A.210.030 rules and directions, forms furnished 28A.210.040 High school diplomas for graduation 28A.230.120 High school districts county high school levy for against nonhigh districts 28A.545.020 designation 28A.545.010 High school students dual high school and college credit, career and technical courses 28B.50.531 high school completion program 28B.50.534 High school transcripts 28A.230.120 High schools career and technical education Ch. 28A.700 civic curriculum, interactive 28A.625.035 civics curriculum, interactive 28A.630.035 constitutions, study of 28A.230.170 enrollment options existing agreements with postsecondary institutions not affected 28A.600.400 graduation requirements 28A.230.010, 28A.230.090, 28A.230.100 high school district, defined 28A.545.010 included in public school system Const. Art. 9 §2 nonresident students serving district, designation, contribution to building fund 28A.540.110 payments from nonhigh districts for student education amount due, determination by superintendent 28A.545.070 amounts due, determination of, procedure 28A.545.050 assessments below state established rate 28A.545.090 enrollment data, establishment procedure 28A.545.060 established amounts due constitute entire amount due for education of students 28A.545.100 installment payment dates 28A.545.080 purposes 28A.545.030 superintendent authorized to adopt necessary rules 28A.545.110 plan for capital fund aid from nonhigh school districts, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Nonhigh school districts running start program 28A.600.300, 28A.600.310, 28A.600.320, 28A.600.330, 28A.600.340, 28A.600.350, 28A.600.360, 28A.600.370, 28A.600.380, 28A.600.385, 28A.600.390 serving district, designation, contribution to building fund 28A.540.110 [RCW Index—page 660] student access and egress during school hours, restrictions 28A.600.035 student residing in a nonhigh school district, definition 28A.545.040 transcripts, standardized 28A.230.135 Highly capable students authority of districts 28A.185.030 contract with University of Washington 28A.185.040 funding, categorical 28A.185.020 program established 28A.185.010 program review and monitoring 28A.185.050 Holidays, enumerated 28A.150.050 Holocaust instruction encouraged materials, preparation and availability of 28A.300.115 Home schooling defined 28A.225.010 duties of parent 28A.200.010, 28A.200.020 exception to mandatory public school attendance 28A.225.010 high school assessments, exemption 28A.200.010 Honors awards program areas included 28A.600.060 business and industry recognition encouraged 28A.600.080 established 28A.600.050 materials for conferring honors 28A.600.080 rule adoption, authority and requirements 28A.600.070 Horticultural pests and diseases duty to disinfect or destroy when on public property 15.08.230 Hospitalization and medical aid for employees and dependents 28A.400.350 Housing for school superintendents authorized, limitation 28A.335.290 Human papillomavirus, information 28A.210.080 Immunization program administrators duties upon receipt of proofs 28A.210.110 attendance of child conditioned upon presentation of alternative proofs 28A.210.080 definitions 28A.210.070 exemptions from presentation of alternative certifications 28A.210.090 human papillomavirus, information 28A.210.080 meningococcal disease, information 28A.210.080 notice to parent, guardian, etc. 28A.210.120 prohibiting child’s presence, when 28A.210.120 purpose 28A.210.060 record verifying procedure, rule adoption 28A.210.150 rules, department of social and health services 28A.210.170 rules, state board of education 28A.210.160 rules, state board of health 28A.210.140 source of immunizations 28A.210.100 superintendent to provide information statewide 28A.210.130 written records 28A.210.100 Incarcerated parents policies for children of 28A.300.520 Indebtedness additional authority to contract for 28A.530.080 authority to contract Const. Art. 8 § 6 bankruptcy readjustment and relief from debts Ch. 39.64 exceeding limitations upon, capital outlays Const. Art. 8 § 6 limitations Ch. 39.36 limitations upon limitations prescribed Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 Indians tribal history and culture, curricula 28A.320.170 tribal relationships, meetings 28A.345.070 Indoor air quality model program 70.162.050 Industrial insurance self-insurers 51.14.150, 51.14.160 student volunteers, medical aid coverage 51.12.170 Information and research services, contracting for 28A.320.110 In-service Training Act of 1977 funds, allocation of, requirements 28A.415.040 purpose 28A.415.030 task force 28A.415.040 Institutes, work shops, in-service training authorized 28A.415.010 joint district 28A.415.010 support 28A.415.010 Instruction, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Courses, studies and instruction Instructional assistants, training 28A.415.315 Instructional hours definition 28A.150.205 Instructional materials acquisition, use, disposition 28A.320.230 Instructional materials committee membership and duties 28A.320.230 Insurance buildings, insuring of 28A.335.010 employees, participation in state insurance programs 41.04.205 health care 28A.400.350 insurance relative to transporting students, etc. 28A.160.010 liability, life, health, accident, disability and salary 28A.400.350 liability for acts or omissions by officials or employees of school districts, purchase authorized 28A.400.360, 36.16.138 liability insurance for extracurricular interschool activities may require students to provide coverage as condition of participation 28A.400.350 mandatory insurance protection for employees 28A.400.370 to protect and hold personally harmless, officers, employees or agent of school districts or educational service districts 28A.320.060 retired and disabled district employees district contributions to the public employees’ and retirees’ insurance account 28A.400.400 payment to public employees’ and retirees’ insurance account 28A.400.410 retired employees premium payment 28A.400.395 retired or disabled district employees continued coverage, application 28A.400.391 self-funding 28A.400.350 self-insurance authorized Ch. 48.62 educational service districts 28A.310.440 school districts 28A.320.070 Intergovernmental cooperation, authority to contract, generally Ch. 39.34 Intermediate school district board of education, See EDUCATIONAL SERVICE DISTRICT BOARD Intermediate school districts, See EDUCATIONAL SERVICE DISTRICTS Intermediate school superintendents, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Educational service districts International student exchange organizations Ch. 19.166 Interschool athletic and extracurricular activities delegation of authority to voluntary nonprofit entity 28A.600.200 noneligibility, appeals 28A.600.205 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS Interstate agreement on qualifications of educational personnel compact administrator 28A.690.020 contents 28A.690.010 contracts under, filing and publication 28A.690.030 Interstate compact for education, See INTERSTATE COMPACT FOR EDUCATION Investment of funds 28A.320.300 Job sharing 28A.405.070 Job skills program, See JOB SKILLS PROGRAM Joint educational facilities, rules 28A.335.160 Joint school districts, administration Ch. 28A.323 Jurisdiction over generally, educational service district board 28A.310.200 Juvenile offenders case disposition notification 13.04.155 disposition records, provision to schools 13.50.160 Juveniles in adult correctional facilities education program Ch. 28A.193 Juveniles in detention facilities educational program 28A.190.010 educational program to be provided 13.04.145 K-3 foundations program demonstration projects 28A.630.055 K-20 telecommunications network, planning and operation Ch. 43.105 Kindergartens, See KINDERGARTENS Labor relations, See PUBLIC EMPLOYMENT LABOR RELATIONS Lakeland Village, See LAKELAND VILLAGE Land, state, See PUBLIC LANDS, subtitle Transfers, land Lands adverse possession against 7.28.090 eminent domain by railroads and canal companies against 81.36.010 sale of Const. Art. 16 § 2, Const. Art. 16 § 3, Const. Art. 16 § 4 Law against discrimination applicable to districts’ employment practices 28A.400.310 Learning and life skills grant program for courtinvolved youth Ch. 13.80 Learning assistance program Ch. 28A.165 Leases buildings, security systems, computers, equipment extended terms, authorized 28A.335.170 Leave sharing program establishment and administration 28A.400.380 Legislative youth advisory council 28A.300.801 Levies authorization 84.52.053 four and six year period, excess levies Const. Art. 7 § 2 limitations and restrictions 84.52.0531 nonhigh school district plan for capital fund aid to high school district, issued under 28A.540.060 Levies, See also TAXES - PROPERTY Liability youth programs, district limited immunity for use of buildings 28A.335.155 Liability of officials, members, immunity 4.24.470 Liability under contracts with youth programs 4.24.660 Libraries contracts for library service 27.12.180 media programs 28A.320.240 operation and stocking of 28A.320.240 school district public libraries, See LIBRARIES, subtitle School district public libraries special meeting of voters to determine if district will maintain 28A.320.420 (2008 Ed.) Lip reading, free instruction in 28A.320.080 Local effort assistance funds 28A.500.010, 28A.500.020, 28A.500.030 Locker searches grounds for searching student, student’s possessions, or locker 28A.600.230 legislative findings 28A.600.210 no privacy right in school issued locker 28A.600.220 scope of search, limitations 28A.600.230 search without notice or reasonable suspicion, when authorized 28A.600.240 Lunch periods 28A.405.460 Maple Lane school, See CORRECTIONAL FACILITIES Math, engineering, and science achievement program coordinator 28A.625.220, 28A.625.230 establishment at University of Washington, goals 28A.625.210 legislative findings and intent 28A.625.200 local program centers 28A.625.240 Math and science teachers, loans definitions 28B.15.760 procedures, conditions 28B.15.762 program duration 28B.15.766 publicize program 28B.15.764 Mathematics advisory panel 28A.305.219 after-school support program 28A.300.510 college readiness test 28A.320.180 statewide director for math, science, and technology 28A.300.515 Meal program for elderly persons authorized 28A.623.020 purposes 28A.623.010 restrictions 28A.623.020 Meal programs financing 28A.235.120 nonprofit meal program for certain children, restrictions 28A.623.030 Medical services through special education programs 74.09.5241, 74.09.5243, 74.09.5245, 74.09.5247, 74.09.5249, 74.09.5251, 74.09.5253, 74.09.5254, 74.09.5255, 74.09.5256 Meetings, special meeting of voters, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Special meetings of voters Meningococcal disease, information 28A.210.080 Mentor teachers full-time mentor teachers pilot program 28A.415.260 teacher assistance program, participation in 28A.415.250 Military, educational and career opportunities in, student access to 28A.230.180 Missing children clearinghouse superintendent of public instruction duties 13.60.030 National anthem rendering 28A.230.140 National guard youth challenge program 28A.150.310, 28A.300.165 Natural science, wildlife, and environmental education grant program 28A.300.440, 28A.300.445 Neighborhood self-help projects contracts with community service organizations 35.21.278 Night schools, authorized 28A.320.510 Nonhigh school districts county high school levy against reimbursement not a tuition charge 28A.545.020 designation 28A.545.010 new programs or grades approval, rules 28A.545.120 payments to high school districts for student education amount due annual determination by the superintendent 28A.545.070 determination of, procedure 28A.545.050 assessments below state established rate 28A.545.090 enrollment data, establishment procedure 28A.545.060 established due amounts constitute entire amount due for education of students 28A.545.100 installment payment dates 28A.545.080 purposes 28A.545.030 superintendent authorized to adopt necessary rules 28A.545.110 plan for capital fund aid to high school districts annexation under 28A.540.070, 28A.540.080 bonds or excess levy board resolution to request sale of bonds 28A.540.090 election on 28A.540.060, 28A.540.070 time to issue or levy 28A.540.090 use of proceeds 28A.540.060 factors in preparation 28A.540.030 failure to submit to voters may lead to annexation 28A.540.080 high school facilities, defined 28A.540.010 plan prepared upon request 28A.540.020 prior proceedings validated 28A.540.100 procedure upon voter rejection of financing 28A.540.070 public hearing on 28A.540.040 notice of 28A.540.040 review 28A.540.050 serving district, designation, contribution to building fund 28A.540.110 student residing in a nonhigh school district, definition 28A.545.040 Nonresident students admission, tuition free 28A.225.210 education of pupils in another district, procedure, limitation 28A.225.200 Idaho residents with Washington address 28A.225.170 nonhigh school district payments to high school districts for educating students amount due, determination by superintendent 28A.545.070 amounts due, determination of, procedure 28A.545.050 assessments below state established rate 28A.545.090 enrollment data, establishment procedure 28A.545.060 established amounts due constitute entire amount due for education of students 28A.545.100 installment payment dates 28A.545.080 purposes 28A.545.030 superintendent authorized to adopt necessary rules 28A.545.110 nonhigh school districts, serving district designation of, contribution to building fund 28A.540.110 out-of-state students, reciprocity, tuition 28A.225.260 resident attending out-of-state, agreements, tuition 28A.225.260 serving district, designation, contribution to building fund 28A.540.110 student residing in a nonhigh school district, definition 28A.545.040 students on federal lands 28A.225.170 Officers actions against, defense, costs, fees, payment of obligations 28A.320.100 expenses while attending meetings reimbursed 28A.320.050 insurance to protect and hold personally harmless 28A.320.060 liability for nonbudgeted expenditures 28A.505.150 penalty against for expenditures in excess of revenues 28A.535.070 [RCW Index—page 661] SCHOOLS AND SCHOOL DISTRICTS spouse of district officer as teacher or substitute teacher 42.23.030 Officers and employees, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Employees Officials and employees insurance, liability, purchase by directors, authorized 28A.400.360 Open to all children of state Const. Art. 9 § 1, Const. Art. 26 § 4 Organization and reorganization, See SCHOOLS AND SCHOOL DISTRICTS, subtitle School districts Paraeducators associate of arts degree program development 28A.630.400 Paraprofessional training program 28A.415.310 Parental participation and counseling special standards schools and programs, authorization 28A.320.140 Parental school facilities, school districts may lease or sell 72.05.300 Parenting skills via community education programs 28A.620.010, 28A.620.020 Parents instructional materials committee, membership 28A.320.230 student education records, parental access and review 28A.605.030 Parks and recreation authority to acquire and operate 67.20.010 parks, beaches and camps, authority, generally Ch. 67.20 Parochial schools joint purchasing for surety bond or pay in advance 28A.320.080 Part time schools, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Child employment and part time schools Part time students, enrollment authorized, reimbursement for costs 28A.150.350 Performance goals accountability implementation funds 28A.655.130 funding and reporting 28A.655.150 improvement specialists 28A.655.140 reporting requirements 28A.655.100, 28A.655.110 superintendent of public instruction, duties 28A.655.150 technical assistance 28A.655.140 Periodicals, books, and postage, purchase of, payment 42.24.035 Permanent common school fund, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Funds Personnel certification 28A.410.010 Pesticide applications marking of treated landscape property 17.21.410 notice of pesticide use 28A.320.165 policies and methods 17.21.415 Plants, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid Playground matting made from shredded waste tires consideration in construction and maintenance projects 28A.335.300 Playgrounds, athletic fields or athletic facilities, use and rental of 28A.335.150 Port and other district dissolution, disposal of funds 53.48.050, 53.49.010, 53.49.020 Premises, firearms possession on warrantless arrest, when authorized 10.31.100 Preschools before-and-after school and vacation care 28A.215.010 establishment and maintenance discretionary 28A.215.040 funding 28A.215.010, 28A.215.020, 28A.215.030 minimum standards 28A.215.010 [RCW Index—page 662] regulation 28A.215.020 Principal internship support program 28A.415.270 rule making authority 28A.415.300 Principals duties 28A.400.100 employment of 28A.400.100 qualifications 28A.400.100 responsible for student discipline enforcement 28A.400.110 violence prevention training 28A.300.270 Printing contracts for outside of state work, labor requirements 43.78.150 must be done within state, exception 43.78.130, 43.78.140 Private school advisory committee appointment 28A.195.050 membership 28A.195.050 Private schools catheterization of students 28A.210.280, 28A.210.290 constitutions, study of 28A.230.170 employee record checks 28A.195.080 exceptions to mandatory public school attendance 28A.225.010 extension programs for parents to teach children 28A.195.010 high school assessment, exemption 28A.195.010 joint purchasing for surety bond or pay in advance 28A.320.080 length of school year 28A.195.010 minimum requirements to receive state sanctions 28A.195.010 reports of attendance 28A.195.060 school bus license exemption 46.16.035 school buses maintenance agreements with public schools 28A.320.080 standards 46.37.630 use of, authorized 28A.160.020 state control over, limitations 28A.195.010, 28A.195.020, 28A.195.030, 28A.195.040 Private vocational schools, See PRIVATE VOCATIONAL SCHOOLS Professional educator standards board 28A.410.200, 28A.410.210, 28A.410.220, 28A.410.230, 28A.410.240 deaf and hard of hearing students teacher endorsements 28A.410.225 professional certification, rules 28A.410.250 student teaching centers network of centers, purpose 28A.415.125 rulemaking authority 28A.415.145 teacher preparation programs excellence in teacher preparation award program 28A.625.360, 28A.625.370, 28A.625.380, 28A.625.390 Professional educators excellence 28A.300.050 Programs temperance and good citizenship day 28A.230.150 United States flag, involving 28A.230.140 Programs for which state appropriations shall and may be made 28A.150.370 Project even start Ch. 28B.06 Property, real and personal, See SCHOOLS AND SCHOOL DISTRICTS, subtitle School districts Proprietary schools employment services by, See EMPLOYMENT AGENCIES Provisional employees defined 28A.405.220 nonrenewal of contracts 28A.405.220 Public employees’ retirement system districts declared employers, members eligible 41.40.062 service credit, computation of 41.40.088 Public school system what included in Const. Art. 9 § 2 Public schools administration 28A.150.070 constitutional requirement, reference 28A.150.295 defined 28A.150.010 Public utility districts construction projects causing burden to school districts, reimbursement of districts Ch. 54.36 privilege tax for school districts 54.28.080, 54.28.090 Publication of legal notices, fees to be charged 65.16.091 Publications, by school boards, authority, limitations 28A.320.090 Pupils, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Students Purchases art, works of, school construction 28A.335.210 blind made products 19.06.020 magazines, books, periodical publications, postage, methods for payment of 42.24.035 Reading literacy improvement programs 28A.300.290, 28A.300.295, 28A.300.300 Reading skills primary grade reading grant program 28A.300.330, 28A.300.340 second grade assessment 28A.300.310, 28A.300.320 Real estate sales excise tax, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Taxation Reciprocity 28A.225.260 Record check information, access 28A.400.305 Records dependent children, transmittal to department of social and health services 28A.150.510 Recycled products procurement definitions 43.19A.010 purpose 43.19A.005 requirements Ch. 43.19A Religion, control of schools by, free from Const. Art. 9 § 4, Const. Art. 26 § 4 Religious rights of students 28A.600.025 Reports to legislature transportation allocation rates 28A.160.180 Residential school residents, educational programs for authority, duties of department of social and health services and school superintendents 28A.190.040 contracts between department of social and health services and school districts, scope 28A.190.050 reduction in staff 28A.190.060 residential school defined 28A.190.020 school district to conduct 28A.190.030 scope of duties and authority of school district 28A.190.030 Retirement accumulated leave creditable 28A.400.300 pension benefits or annuity benefits for certain classifications of employees, procedure 28A.400.260 salary, effect on 28A.400.220 school employees’ retirement system extraordinary investment gains 41.31A.020 generally Ch. 41.35 tax deferred annuities for educational service district superintendents, superintendent of public instruction, and Washington state teachers retirement system 28A.400.250 teachers’ retirement system Ch. 41.32 Running start program 28A.600.300, 28A.600.310, 28A.600.320, 28A.600.330, 28A.600.340, 28A.600.350, 28A.600.360, 28A.600.370, 28A.600.380, 28A.600.385, 28A.600.390 Safety grants 28A.300.275 harassment, intimidation, and bullying prevention policy 28A.300.285, 28A.600.480 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS safe school plans 28A.320.125 threats of violence, notice 28A.320.128 Salaries cost-of-living increases 28A.400.205, 28A.400.206 credits earned to increase salary accredited institutions, requirements 28A.415.024 district employees 28A.400.200 in-service training, continuing education, and internship credit 28A.415.020, 28A.415.023 internship clock hours 28A.415.025 Salaries and compensation conditions 28A.400.220 Salary schedule for certificated employees 28A.405.200 adoption by school board and publication 28A.405.200 Sanctions, districts failing to comply with services for disabled 28A.155.100 Scholarships college bound program Ch. 28B.118 food animal veterinarian conditional scholarship program Ch. 28B.121 foster care endowed scholarship program Ch. 28B.116 GET ready for math and science Ch. 28B.105 nominees, annually principals’ association 28A.600.140 passport to college program Ch. 28B.117 state scholars’ program administrative responsibility 28A.600.120 planning committee 28A.600.130 purpose 28A.600.100 scope 28A.600.110 selection, awards 28A.600.150 selection criteria 28A.600.130 Washington promise scholarship program Ch. 28B.119 School buildings heating, lighting and maintaining 28A.335.010 insuring 28A.335.010 School buses, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Transportation School day defined 28A.150.030 scheduled for noninstructional purposes 28A.150.220 School director districts, organization and operation Ch. 28A.343 School directors, powers and duties, school property purchase and sale 28A.335.090, 28A.335.120 School directors’ association, state, See SCHOOL DIRECTORS’ ASSOCIATION School district boards—common school system, authority to enter into agreement for use of services or facilities with college boards of trustees 28B.50.530 School district transportation commission, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Transportation School districts 28A.315.285 access by parents to classroom or school sponsored activities 28A.605.020 administrators, transfers to subordinate certificated position 28A.405.230 adult education programs, authority 28B.50.250 annexation of property 28A.315.225 annexation of territory, plan for capital fund aid by nonhigh districts to high school districts, annexation upon votes, rejection 28A.540.070 appeals 28A.315.315 apportionments, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Apportionments appropriations, termination of, exception 28A.505.160 assets and liabilities, adjustment 28A.315.245 (2008 Ed.) bilingual (transitional) instruction program, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Bilingual (transitional) instruction program board of directors’ powers and duties 28A.320.035 board-member district of educational service district, each district must be in 28A.310.140 boundaries 28A.315.055, 28A.315.065 budgets adoption, time limit 28A.505.060 appropriations, termination of, exception 28A.505.160 balanced estimated expenditures 28A.505.130 budget review committees members 28A.505.070 review of budget, limitations 28A.505.070 classifications 28A.505.090 disposition of copies 28A.505.080 expenditure sections, content 28A.505.120 expenditures limited to budgeted amounts 28A.505.150 filing of copies with superintendent of public instruction 28A.505.080 fiscal year, defined 28A.505.030 format, mandatory 28A.505.090 hearing 28A.505.060 improper budgets interim financial plans 28A.505.140 procedure 28A.505.140 interim expenditures, authorized 28A.505.150 liability for nonbudgeted expenditures 28A.505.150 notice of meeting to adopt 28A.505.050 preparation procedure 28A.505.040 presentation to educational service district for review, alteration, and approval 28A.505.060 procedures and practices, adoption of rules for by superintendent of public instruction 28A.505.140 receivables, collectible in future years, use of to balance budget 28A.505.110 revenue and expenditure recognition methods required to be used 28A.505.020 revenue sections, content 28A.505.100 salaries, display of 28A.505.100 state support funds, withholding for noncompliance with restrictions issued by superintendent of public instruction 28A.505.120 student achievement funds 28A.505.210, 28A.505.220 transfers between budget classes 28A.505.150 bylaws 28A.320.040 community education programs, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Community education programs consolidation 28A.315.235 contracts certificated personnel nonrenewal 28A.405.210 requisites 28A.405.210 provisional employees nonrenewal 28A.405.220 cooperative programs among schools 28A.225.250 corporate powers 28A.320.010 definitions 28A.315.025 directors associations to report to governor and legislature 44.04.170 chairman, special meetings of voters, as chairman of 28A.320.430 corrupt practices, penalty 28A.635.050 directors’ association dues, provision for payment by 28A.345.050 employee suggestion program authority 28A.625.100 awards 28A.625.110 evaluative criteria and procedure for certified employees, established by 28A.405.100 excellence in education award program 28A.625.020 certificate 28A.625.042 duties 28A.625.050 recognition award 28A.625.042 first class districts, See SCHOOLS AND SCHOOL DISTRICTS, subtitle First class districts hiring of uncertificated teachers, director’s connivance, penalty 28A.635.080 insurance, directors may make available 28A.400.350 investment, reinvestment of school funds, duties 28A.320.320 liability for nonbudgeted expenditures 28A.505.150 meetings called by educational service district superintendent 28A.310.270 district superintendent to attend 28A.400.030 location 28A.330.070 notice of 28A.400.030 special meetings of voters called by 28A.320.420 results as mandate to directors 28A.320.440 military, educational and career opportunities in, to provide student access to 28A.230.180 powers and duties annexation of property to city or town 28A.335.110 budgeting 28A.320.080 bylaws for board and school management 28A.320.040 commencement exercises, providing funds for 28A.320.080 discipline, suspend or expel pupils 28A.600.010 employees relating to hiring and discharge of 28A.400.300 relating to leaves for 28A.400.300 enforcement of state rules and regulations by 28A.600.010 expenditure of funds on county, city building 28A.335.140 instructional materials, relating to 28A.320.230 joint purchasing with other districts or educational service districts 28A.320.080 libraries, duties relating to 28A.320.240 playgrounds, athletic facilities, use or rental controlled by 28A.335.150 policies, adoption of written 28A.320.015 policies, notice of adoption 28A.320.015 preparation of detailed description of disciplinary rights, responsibilities, and authority 28A.600.010 school buildings, maintenance, heating, lighting, insuring 28A.335.010 superintendent, election of by 28A.400.010 use of facilities for night school, summer school, public meetings 28A.320.510 publications, explanation of school’s programs by, authorized, limitations 28A.320.090 real property surplus, rental, lease or use of 28A.335.040, 28A.335.050, 28A.335.060, 28A.335.070 salary schedule for certificated employees, adoption and publication 28A.405.200 signature filed with county auditor 28A.400.020 tax deferred annuities 28A.400.250 tobacco products use on school property ban, duty to adopt policy 28A.210.310 [RCW Index—page 663] SCHOOLS AND SCHOOL DISTRICTS transitional bilingual instruction program, duties 28A.180.040 dissolution and annexation 28A.315.225 divisions, high and nonhigh 28A.545.010 elections notice 28A.315.275 rejection of proposal 28A.315.295 special elections 28A.315.285 elections, provisions applicable to all districts Ch. 28A.320 bonds for land, buildings, and equipment Ch. 28A.530 educational service districts Ch. 28A.310 first and second class districts Ch. 28A.330 organization and reorganization of districts Ch. 28A.315 employees administrators, transfer to subordinate certificated position 28A.405.230 attendance incentive program, effect of early retirement 28A.400.212 attendance incentive program, remuneration or benefit plan for unused sick leave 28A.400.210 certificated employees discrimination in hiring prohibited, scope 28A.405.250 personnel file, availability to employee 28A.405.250 deferred compensation plan 28A.400.240 evaluation criteria and procedure for certificated employees 28A.405.100 excellence in education award program certificate 28A.625.042 recognition award 28A.625.042 fingerprint check 28A.400.303 fingerprint check, records of fingerprints 28A.400.306 hiring and discharging 28A.400.300 leaves 28A.400.300 liability for nonbudgeted expenditures 28A.505.150 probation for certificated employees 28A.405.100 record check through state patrol criminal identification system 28A.400.303 salary schedules for certificated employees, adoption and publication 28A.405.200 seniority and leave benefits, retention upon transfers between schools 28A.400.300 sexual misconduct, alleged parental notification 28A.320.160 enrollment options information booklet 28A.225.290 information to parents 28A.225.300 policy 28A.225.270 expenses and per diem for attending meetings 28A.320.050 superintendent candidates, employment interviews 28A.320.050 federal moneys repayment of disallowed expenditures 28A.505.200 fire safety standards director of fire protection duties 43.44.030, 48.48.045 first class districts, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle First class districts fiscal year, defined 28A.505.030 governance 28A.315.005, 28A.315.015 housing for superintendent authorized, limitation 28A.335.290 indebtedness exceeding limitations upon, capital outlays Const. Art. 8 § 6 limitations upon limitations prescribed Const. Art. 8 § 6 one percentum limitation on tax levies Const. Art. 7 § 2 indebtedness, adjustment 28A.315.255, 28A.315.265 [RCW Index—page 664] information and research services, contracting for 28A.320.110 information on districts programs authorized, limitation 28A.320.090 in-service training funds, requirements for 28A.415.040 intermediate school districts, See EDUCATIONAL SERVICE DISTRICTS joint action by under conditional sales contracts, limitations 28A.335.200 joint and cooperative purchasing associations mortgage of property, authority 28A.335.100 joint districts, administration Ch. 28A.323 joint educational facilities, rules 28A.335.160 joint purchasing agency 28A.320.080 joint school districts, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Joint school districts liability for debts and judgments against 28A.320.020 local superintendents to serve in advisory capacity to educational service district officials 28A.310.430 meal programs financing, management, agreements for 28A.235.120 nonprofit meal program for certain children 28A.623.030 milk, furnishing of free milk 28A.235.130 name changes 28A.320.025 nonhigh school districts, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Nonhigh school districts officers liability for nonbudgeted expenditures 28A.505.150 officers generally, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Officers organization 28A.315.035 organization and reorganization validating indebtedness proceedings after merger 28A.535.080 organizational changes 28A.315.075, 28A.315.085, 28A.315.305, 28A.315.308 part time students, enrollment authorized, reimbursement for costs 28A.150.350 periodicals, books, and postage, purchase of, payment 42.24.035 policy, state association as affecting 28A.345.040 powers, corporate 28A.320.010 principals contract status appellate review 28A.405.360, 28A.405.370, 28A.405.380 contract status, adversely affecting or discharge decision 28A.405.300 hearing 28A.405.310 judicial appeal from 28A.405.320, 28A.405.330, 28A.405.340, 28A.405.350 notification 28A.405.300 contracts nonrenewal, procedure 28A.405.210 requisites, procedure 28A.405.210 supplemental contract for supplemental duties 28A.405.240 written 28A.405.210 corrupt practices, penalty 28A.635.050 duties 28A.400.100 employment of 28A.400.100 excellence in education award program 28A.625.020 certificate 28A.625.042 duties 28A.625.050 recognition award 28A.625.042 qualifications 28A.400.100 printing must be done within state 43.78.130 property, real and personal annexation of property to city or town 28A.335.110 conditional sales contracts for acquisition of, limitations, joint action 28A.335.200 control and management 28A.335.090, 28A.335.120 encumbrance of, joint associations, authority 28A.335.100 instructional materials, purchase and sale of 28A.320.230 playgrounds and athletic facilities, use or rental of 28A.335.150 sale of real property 28A.335.120 school buildings, maintenance, heating and lighting, insuring 28A.335.010 schoolhouse sites purchase of, special meeting of voters to determine 28A.320.420 surplus school real property, rental, lease or use of authorized 28A.335.040 community use not impaired 28A.335.070 compensation 28A.335.050 disposition of moneys received from 28A.335.060 existing contacts not impaired 28A.335.070 joint use 28A.335.050 lawful sale conditions 28A.335.050 limitations 28A.335.040 transfers 28A.335.330 provisional employees defined 28A.405.220 purchasing bid procedure 28A.335.190 small works roster 28A.335.190 telephone or written solicitation of competitive bids 28A.335.190 reading materials, obsolete, surplus, disposal of, procedure 39.33.070 real property lease or rental recapture provision required, exception 28A.335.040 sale of proceeds, use of 28A.335.130 records, kept by district superintendent 28A.400.030 regional committees membership 28A.315.105, 28A.315.115 organization and operation 28A.315.165 powers and duties 28A.315.095 reimbursement for personnel and supplies 28A.315.085 reimbursement of expenses 28A.315.155 state board of education, duties 28A.315.175 training 28A.315.185 transfer of territory 28A.315.205, 28A.315.215 reorganization 28A.315.045 school closures citizen involvement 28A.335.020 emergencies exempt 28A.335.030 school director districts, organization and operation Ch. 28A.343 self-insurance authorized 28A.320.070 self-study process by districts 28A.320.200 service of summons to, personal service 4.28.080 sexual harassment policies 28A.640.020 superintendent agent to receive service of summons 4.28.080 appointment of board member to carry out duties when none 28A.330.200 contract status appellate review 28A.405.360, 28A.405.370, 28A.405.380 contract status, adversely affecting or discharge decision 28A.405.300 hearing 28A.405.310 judicial appeal from 28A.405.320, 28A.405.330, 28A.405.340, 28A.405.350 notification 28A.405.300 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS contracts certificate required 28A.405.210 requisites, procedure 28A.405.210 supplemental contract for supplemental duties 28A.405.240 corrupt practices, penalty 28A.635.050 defined 28A.150.080 duties enumerated 28A.400.030 employment of 28A.400.010 excellence in education award program 28A.625.020 certificate 28A.625.042 duties 28A.625.050 recognition award 28A.625.042 expenses while attending meetings reimbursed 28A.320.050 housing for authorized, limitation 28A.335.290 notice of school elections given by 28A.400.030 orders for warrants signed by 28A.400.030 powers and duties, generally 28A.400.010 probation for certificated employees 28A.405.100 qualifications 28A.400.010 reports of 28A.400.030 salary schedule, adoption and publication 28A.405.200 secretary of board of directors, as 28A.330.010, 28A.330.200 signature filed with county auditor 28A.400.020 special meetings of voters, duties relating to 28A.320.430 supervisors contract status appellate review 28A.405.360, 28A.405.370, 28A.405.380 contract status, adversely affecting or discharge decision 28A.405.300 hearing 28A.405.310 judicial appeal from 28A.405.320, 28A.405.330, 28A.405.340, 28A.405.350 notification 28A.405.300 contracts certificates required 28A.405.210 nonrenewal, procedure 28A.405.210 requisites 28A.405.210 supplemental contract for supplemental duties 28A.405.240 written 28A.405.210 taxation, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Taxation teachers’ institutes, when 28A.415.010 teachers’ retirement system board of trustees, report to 41.50.230 trade centers, annual service fee, distribution to school districts 53.29.030 transfer of territory 28A.315.195, 28A.315.205, 28A.315.215 transportation training and qualifications of school bus drivers 28A.160.210 vice principals employment of 28A.400.100 qualifications 28A.400.100 visually or hearing impaired youth in district, report of 72.40.060 youth programs, district limited immunity for use of buildings 28A.335.155 School employees’ retirement system Ch. 41.35 School facilities, use of for public meetings 28A.320.510 School holidays, enumerated 28A.150.050 School lands, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Lands School officers, failing or refusing to deliver books and papers, etc. to successor, penalty 28A.635.070 School plant facilities aid use of funds 28A.525.310 (2008 Ed.) School property defacing or otherwise injuring, penalty, parent’s or guardian’s liability 28A.635.060 failure of officials, employees, to account for, mutilation by, penalty 28A.635.070 injury by student voluntary work program 28A.635.060 School year defined 28A.150.040 School zone safety account 46.61.440 School-to-work transitions program outreach and technical assistance 28A.630.881 Science statewide director for math, science, and technology 28A.300.515 Scoliosis, screening program for definitions 28A.210.190 distribution of rules, records and forms 28A.210.220 periodic examination of children required 28A.210.200 personnel making examinations, training for 28A.210.200 pupils exempt when 28A.210.240 purpose 28A.210.180 records 28A.210.210 distribution 28A.210.220 to parent or guardian, contents 28A.210.210 sanctions against school officials failing to comply 28A.210.250 Second class districts attorney may be employed 28A.330.220 budgets appropriations, additional, procedure 28A.505.180 directors chairman of board, term 28A.330.200 employment contracts, required to adopt policy on 28A.330.240 organization of board 28A.330.200 secretary of boards, superintendents as 28A.330.200 terms of office begin 28A.330.200 warrants, authority to issue 28A.330.230 employment contracts, policy requirements 28A.330.240 notice of change of chairman of board or superintendent 28A.330.210 nurses, employment by 28A.210.300 officers, spouse of, interest in district contracts 42.23.030 physicians, employment by 28A.210.300 purchase of real property for all district purposes 28A.335.240 school bus, driving of, contract for, interest in 42.23.030 school property for public purposes, acquisition, construction of authorized 28A.335.250 community building, joint district participation 28A.335.260 limit on expenditures 28A.335.280 special state commission to pass on plans 28A.335.270 schoolhouses, construction by 28A.335.240 superintendent appointment of board member to carry out duties when none 28A.330.200 to give notice of change in office of superintendent or chairman of board 28A.330.210 as secretary of board of directors 28A.330.200 teachers’ cottages, construction by 28A.335.240 warrants drawing of by directors, authorized 28A.330.230 issuance by 36.22.090 issuance by county auditor 28A.350.040 registration 28A.350.020 teachers 28A.350.050 Secret fraternities and sororities prohibited 28A.330.100 Sectarian control, free from Const. Art. 9 § 4 Security in schools public safety and education account funding 43.08.250 Self-insurance authority operation and management of programs, rulemaking authority of superintendent of public instruction 48.62.121 Sex offenders school attendance, may not attend school attended by victim 13.40.215 Sex offenses, sex offenders, victims of sexual assault educational materials regarding 28A.300.145 Sexual equality, See also SEXUAL EQUALITY IN PUBLIC SCHOOLS Sexual harassment policies 28A.640.020 Sexual health education 28A.300.475 Sexually transmitted diseases, information, emphasis 70.24.210, 70.24.220 Short-term obligations Ch. 39.50 Sick leave procedure 28A.400.300 remuneration or benefit plan for unused 28A.400.210 early retirement, effect 28A.400.212 Skill centers agreements with cooperating school districts 28A.245.070 centers of excellence 28A.245.050 contracts with community or technical colleges 28A.245.080, 28A.245.090 director 28A.245.060 expanded access 28A.245.040 facilities, bond issue Ch. 28A.527 findings 28A.245.005 funding 28A.245.020 industry certificate or credential 28B.50.532 purpose, operation 28A.245.010 revised guidelines 28A.245.030 running start 28A.245.050 Small high school districts cooperative projects application 28A.340.030 eligibility 28A.340.020 encourage 28A.340.010 rules 28A.340.060 salary schedules 28A.340.040 technical assistance 28A.340.070 Special education programs apportionment of state and county funds for 28A.150.390 generally Ch. 28A.155 medical assistance funds, state and federal use authorized, effect on other allocations 28A.150.390 medical services billing agent contract process 74.09.5245 categories of services 74.09.5251 definitions 74.09.5243 disbursement of revenues 74.09.5256 district as billing agent 74.09.5247 duties of billing agent 74.09.5249 incentive payments 74.09.5255 legislative findings and intent 74.09.5241 participation and reporting requirements 74.09.5253 reimbursement system 74.09.5251 reports to superintendent of public instruction 74.09.5254 state and federal medical assistance funds use authorized, effect on other allocations 28A.150.390 Special education programs, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Disabilities, children with Special meetings of voters calling of 28A.320.420 chairman of 28A.320.430 [RCW Index—page 665] SCHOOLS AND SCHOOL DISTRICTS directions of as mandate for directors 28A.320.440 notice of 28A.320.430 place 28A.320.430 procedure 28A.320.430 record 28A.320.430 scope of discussion 28A.320.420 secretary of 28A.320.430 Special services pilot program early intensive reading and language assistance 28A.630.016 Special standards schools and programs 28A.320.140 Staff to student ratios 28A.150.100 Standardized high school transcripts 28A.230.120 State aid classes provided outside regular school year 28A.150.420 transportation allocation payments, amounts, when 28A.160.190 annual operational report to superintendent 28A.160.170 definitions 28A.160.160 mile allocation rate adjustment 28A.160.180 operating costs, determination and funding 28A.160.150 unforeseen conditions to be recognized 28A.150.290 State aid, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid State board of education Ch. 28A.305 State board of education, See also STATE BOARD OF EDUCATION State institutions facilities and equipment, use by educational institutions and other entities authorized 72.01.450, 72.01.452, 72.01.454, 72.01.458 State otologist, duties of 70.50.010, 70.50.020 State scholars’ program administrative responsibility 28A.600.120 nominees, annually, principals’ association 28A.600.140 planning committee 28A.600.130 purpose 28A.600.100 scope 28A.600.110 selection, awards 28A.600.150 selection criteria 28A.600.130 Steroids student athletes, loss of eligibility for use 69.41.340 warning signs, district duties to display 69.41.330 Student body, associated defined, rules 28A.325.020 Student financial assistance program grants, gifts, bequests, and devises for scholarship and student aid purposes, receipt, expenditure authorized 28A.320.030 Student records availability for community facility placement of juveniles 72.05.425 education records, parental access and review 28A.605.030 exchange with law enforcement and juvenile court officials notification of parents and students 28A.600.475 release to department of social and health services or other agency having custody 28A.635.060 transcript withholding for nonpayment of financial obligations 28A.195.070 transfer students requests for information and permanent record 28A.225.330 withholding grades, diploma, or transcript awaiting payment for defacement of school property 28A.635.060 [RCW Index—page 666] Student teaching centers allocation of funds 28A.415.130 definitions 28A.415.105 field experiences 28A.415.140 legislative findings and intent 28A.415.100 network of centers, purpose 28A.415.125 rulemaking authority 28A.415.145 teacher placement, to act as alternative means of 28A.415.135 Student transportation allocation annual operational report to superintendent 28A.160.170 definitions 28A.160.160 mile allocation rate adjustment 28A.160.180 operating costs, funding 28A.160.150 payments, amounts, when 28A.160.190 Student volunteers industrial insurance coverage 51.12.170 Students admission, tuition free 28A.225.210 adult agreements, tuition 28A.225.220 alternative educational service providers, student eligibility 28A.150.305 assistive devices for children with disabilities 28A.155.160, 28A.335.205 career and technical student organizations 28A.300.380 children on federal lands 28A.225.170 comprehensive guidance and planning programs 28A.600.045 court programs 3.72.030, 28A.300.420, 28A.320.520 diabetes 28A.210.330, 28A.210.340 discipline 28A.600.040 due process 28A.600.010, 28A.600.015 education of in another district 28A.225.200 enrollment options information booklet 28A.225.290 information to parents 28A.225.300 policy required 28A.225.270 extracurricular activities and interschool athletics, eligibility of transfer students 28A.225.280 firearms possession on school premises, penalty and exemptions 28A.600.420 first class districts in, vaccination of prohibited without parental consent 28A.330.100 fund-raising 28A.325.030 gang activity, suspension or expulsion 28A.600.455 graduation without certificate 28A.655.0611 health insurance information, pilot program 28A.210.375 high school completion pilot program 28A.600.405 high school graduates enrolled in precollege classes, report 28B.10.680, 28B.10.682, 28B.10.685 liability insurance for extracurricular interschool activities 28A.400.350 medication or treatment orders 28A.210.320 religious rights 28A.600.025 residence or absence does not affect right to vote or hold office Const. Art. 6 § 4 residency, proof not required for enrollment 28A.225.215 residents attending out-of-state, reciprocity, tuition 28A.225.260 search and rescue activities, excused absences 28A.225.055 secondary school access and egress during school hours, restrictions 28A.600.035 student educational loan contracts Ch. 26.30 students enrolled in precollege classes, enrollment information and report 28B.10.685 suspension alternatives encouraged 28A.600.410 community service as alternative 28A.600.415 suspension, discipline, or expulsion by school directors 28A.600.010 by teacher, procedures 28A.600.020 telephone pagers and cellular telephones, limits on possession 28A.320.135 transfer to nonresident district 28A.225.220, 28A.225.225, 28A.225.330 appeal from denial, procedure 28A.225.240 appeal of decision to deny 28A.225.230 tuition for nonresidents 28A.225.220 Students, nonresident students, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Nonresident students Students, See also SCHOOLS AND SCHOOL DISTRICTS, subtitle Pupils Studies, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Courses, studies and instruction Substance abuse advisory committee 28A.170.050 Substitute teachers spouse of district officer, employment as 42.23.030 Summer food service, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Food services Summer schools, authorized 28A.320.500, 28A.320.510 Superintendent and program administrator internship support program 28A.415.280 rule making authority 28A.415.300 Superintendent of public instruction duties Const. Art. 3 § 22 powers and duties generally 28A.300.040, 28A.300.045 Superintendent of public instruction, See also SUPERINTENDENT OF PUBLIC INSTRUCTION Superintendents agent to receive summons 4.28.080 contracts certificate required 28A.405.210 employment contracts 28A.400.315 nonrenewal, procedure 28A.405.210 Surplus and donated food commodities, school hot lunch program acquisitions for authorized 28A.235.040 advancement of costs from revolving fund 28A.235.060 contracts for, other laws not applicable 28A.235.050 reimbursement by districts 28A.235.060 requisition by school district prerequisite 28A.235.080 revolving fund administration 28A.235.080 advancement of costs from 28A.235.060 created 28A.235.070 depositaries for 28A.235.090 bond, collateral security for 28A.235.090 manner of payment from 28A.235.090 moneys paid from by voucher or check 28A.235.090 use limited 28A.235.080 suspension of laws and rules inconsistent with law 28A.235.110 Surplus textbooks and equipment disposal of 28A.335.180 Suspension alternatives encouraged 28A.600.410 community service as alternative 28A.600.415 System to be established by state Const. Art. 9 § 2 schools included under Const. Art. 9 § 2 Taxation levies authorization 84.52.053 four and six year period, excess levies Const. Art. 7 § 2 limitations and restrictions 84.52.0531 property taxes, excess levies Const. Art. 7 § 2 property taxes, exemptions Const. Art. 7 § 1 Taxing district relief act Ch. 39.64 Teacher assistance program 28A.415.250 (2008 Ed.) SCHOOLS AND SCHOOL DISTRICTS full-time mentor teachers pilot program 28A.415.260 Teachers abusing, penalty 28A.635.010 before and after school presence 28A.405.466 certification abuse issues course requirement 28A.410.035 alternative routes Ch. 28A.660 eligibility, rules and regulations concerning 28A.410.010 fees, minimum 28A.410.060 first peoples’ language, culture, and oral tribal traditions 28A.410.045 hiring of uncertificated teachers, director’s connivance, penalty 28A.635.080 major requirements 28A.410.040 qualified teacher to have certificate or permit 28A.410.025 registration of certificates effect 28A.410.070 revocation appeal from, stay of proceedings 28A.410.100 for failure to teach patriotism, not permitted to teach 28A.405.040 hearings, right to 28A.410.100 reinstatement, when 28A.410.110 revocation or suspension 28A.410.090 scope 28A.410.010 state board rules and regulations for 28A.410.010 superintendent of public instruction as administrator 28A.410.010 to issue, revoke, certificate or permits 28A.410.010 suspension for noncompliance with support order 28A.410.106 suspension for nonpayment or default on educational loan or scholarship 28A.410.105 traffic safety education course teacher to be certificated 28A.220.020 types of certificates and permits 28A.410.010 violation or noncompliance investigatory powers of superintendent of public instruction 28A.410.095 Washington state or Pacific Northwest history and government course required 28B.10.710 colleges and universities, use of district schools for training 28B.10.600 financing 28B.10.605 commendable employee service and recognition award program 28A.625.150 contract status appellate review 28A.405.360, 28A.405.370, 28A.405.380 contract status, adversely affecting or discharge decision 28A.405.300 hearing 28A.405.310 judicial appeal from 28A.405.320, 28A.405.330, 28A.405.340, 28A.405.350 notification 28A.405.300 contracts limitation on issuing contracts to teachers already under contract 28A.405.210 nonrenewal, procedure 28A.405.210 requisites 28A.405.210 supplemental contract for supplemental duties, requirement 28A.405.240 courses, studies and regulations to be enforced by, withholding salary until done 28A.405.060 discharge notice to contain notice of right of appeal if available 28A.400.340 employment law against discrimination applicable to districts employment practices 28A.400.310 (2008 Ed.) school holidays, no reduction of pay on basis of 28A.150.050 evaluation assistance to improve teaching skills may be required after evaluation 28A.405.140 legislative findings 28A.405.110 training for evaluators 28A.405.120, 28A.405.130 evaluation criteria and procedure 28A.405.100 excellence in education award program 28A.625.020 certificate 28A.625.042 Christa McAuliffe award 28A.625.030 duties 28A.625.050 recognition award 28A.625.042 Washington state Christa McAuliffe award 28A.625.030 false academic credentials 28A.405.260 fees, refunded, when 28A.410.060 insulting, penalty 28A.635.010 learning improvement days 28A.415.360 leave benefits, procedure 28A.400.300 legislators insurance benefits, reimbursement to district for teachers on leave 44.04.230, 44.04.240 math and science instructional coach program 28A.415.380 mentor teachers full-time mentor teachers pilot program 28A.415.260 teacher assistance program, participation in 28A.415.250 morality, must teach 28A.405.030 national board for professional standards certification, bonus 28A.405.415 not permitted to teach if certificate revoked for failure to emphasize patriotism, penalty 28A.405.040 patriotism, must teach 28A.405.030, 28A.405.040 payroll deductions, authorization of 28A.405.400 physical abuse duty to report, training 28A.400.317 preparation programs enhance awareness of teaching experience 28B.10.032 professional development learning opportunities 28A.415.350 professional educator standards board 28A.410.200, 28A.410.210, 28A.410.220, 28A.410.230, 28A.410.240 record check 28A.410.010 recruiting Washington teachers program 28A.415.370 responsibility and accountability under basic education act of 1977 28A.150.240 retired employees insurance premium payment 28A.400.395 retired or disabled employees district contributions to the public employees’ and retirees’ insurance account 28A.400.400 insurance, continued coverage application 28A.400.391 retirement system Ch. 41.32 salary allocation schedule 28A.150.410 salary schedule, adoption and publication 28A.405.200 seniority, retention upon transfer between schools 28A.400.300 sexual misconduct alleged, parental notification 28A.320.160 duty to report, training 28A.400.317 information on past, application requirements 28A.400.301 reporting disciplinary actions to national clearinghouse 28A.410.108 spouse of district officer, employment as 42.23.030 staff to student ratios 28A.150.100 teacher assistance program 28A.415.250 full-time mentor teachers pilot program 28A.415.260 training courses at colleges and universities 28B.10.140 transfer to other school, district, retention of seniority, leave and other benefits 28A.400.300 violence prevention training 28A.300.270 visually impaired students, teacher qualifications 28A.410.032 warrants 28A.350.050 Teachers, See also TEACHERS Teachers’ retirement system Ch. 41.32 Technical colleges administrative charges, limitations on 28A.320.120 basic education allocation for students enrolled in technical colleges allocation to serving college rather than school district 28A.150.275 cooperation with 28A.320.120 discrimination against college employees prohibited 28A.320.120 high school districts currently enrolling students in vocational-technical institutes, continuing enrollment opportunities at technical colleges 28B.50.533 property, district not to remove from jurisdiction of college 28A.320.120 purchase of support services from school districts 28B.50.877 Technical schools, included in public school system Const. Art. 9 § 2 Technology, educational definitions 28A.650.010 education technology account 28A.650.035 educational technology advisory committee 28A.650.015 K-12 education statewide network, distribution of funds to expand 28A.650.030 K-12 education technology plan development and implementation 28A.650.015 legislative findings and intent 28A.650.005 regional educational technology support centers, distribution of funds to 28A.650.025 regional educational technology support centers and advisory councils 28A.650.020 rule making authority 28A.650.040 skill center Ch. 28A.245 Telephone pagers and cellular telephones, limits on possession 28A.320.135 Television broadcasting, See WASHINGTON STATE PUBLIC BROADCASTING COMMISSION Temperance and good citizenship day programs 28A.230.150 Testing, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Assessment tests Textbooks first class districts, free textbooks and supplies 28A.330.100 free books and supplies furnished, when 28A.320.230 surplus, disposal of 28A.335.180 Timber forest reserve funds distribution, procedure 28A.520.010 Tobacco products ban on use on school property 28A.210.310 Traffic safety education courses in schools alcohol and drug abuse information, inclusion in instructional material for 28A.220.060 annual report of school districts to superintendent 28A.220.030 audit of records and accounts by superintendent 28A.220.030 contracts with drivers’ schools 28A.220.030 definitions 28A.220.020 establishment 28A.220.030 [RCW Index—page 667] SCHOOLS AND SCHOOL DISTRICTS fees from students, disposition 28A.220.040 intermediate drivers’ licenses 28A.220.070 laboratory experience, defined 28A.220.020 left-hand lane usage 28A.220.050 legislative declaration of purpose 28A.220.010 motorcycle awareness information 28A.220.080 qualified teacher, defined 28A.220.020 reimbursement of districts 28A.220.040 report to legislature 28A.220.030 rules and regulations by superintendent of public instruction 28A.220.030 traffic safety education section in office of superintendent 28A.220.030 Traffic safety education in schools driving safely among bicyclists and pedestrians 28A.220.085 Traffic school of city or town and county, See MOTOR VEHICLES, subtitle Traffic school Transcripts withholding for nonpayment of financial obligations 28A.195.070 Transfer of students, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Students, transfer to nonresident district Transfer rights of classified employees 28A.400.300 Transitional bilingual instruction program annual review and report by the superintendent of public instruction 28A.180.020 budget request for moneys, priorities 28A.180.080 continuing education plan for older students 28A.180.100 definitions 28A.180.030 English language skills tests 28A.180.080 guidelines and rules 28A.180.060 purpose 28A.180.010 report to legislature 28A.180.090 school board duties 28A.180.040 Transportation agreements with other governmental agencies to serve students and/or public 28A.160.120 allocation payments, amounts, when 28A.160.190 annual operational report to superintendent 28A.160.170 authorizing individual transportation 28A.160.030 bus replacement incentive program 28A.160.205 bus routes, service requirements 28A.160.115 contracts for 28A.335.170 definitions 28A.160.160 district’s duty to provide 28A.160.010 for educational and recreational programs by others, limitations, reimbursement 28A.160.010 elderly persons 28A.160.010 handicapped children, for 28A.160.030 insurance against theft, fire, property damage or liability 28A.160.010 lease of buses to transport disabled children 28A.160.040, 28A.160.050, 28A.160.060 elderly persons 28A.160.040 mile allocation rate adjustment 28A.160.180 operating costs, funding 28A.160.150 private schools, use of public buses, authorized 28A.160.020 providing own transportation within two mile distance 28A.160.010 reimbursement 28A.150.280 costs from state funds 28A.150.280 school activities, options, reimbursement 28A.160.010 school buses biodiesel fuel pilot project 28A.160.806 crossing arms, installation required 46.37.620 [RCW Index—page 668] defined, motor vehicle law 46.04.521 drivers age limit 46.20.045 equipment requirements, See MOTOR VEHICLES, subtitle Equipment requirements interstate compact for school bus safety Ch. 46.39 joint maintenance agreement with private schools 28A.320.080 lighting and safety devices regulated by state patrol 46.37.290 rental or lease for emergency purposes 28A.160.080, 28A.160.090 seat and load capacity fees, exempt from 46.16.150 signal lamps, displaying alternately flashing red lights 46.37.190 special lighting equipment on 46.37.290 stop signs 46.37.190 vehicle license and plates, inspection requisite 46.16.020 special warning equipment and lighting regulated by state patrol 46.37.290 studded tires 46.37.420 transport of general public in school buses to interscholastic activities 28A.160.100 transport of parent, guardian or custodian of student in school buses 28A.160.110 transportation vehicle fund 28A.160.130 vehicle acquisition procedures 28A.160.195, 28A.160.200 Transportation services contracts with private nongovernmental entity 28A.160.140 Truancy, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance Truant, at-risk, and expelled students, program funding 28A.300.360 Tuition fees high school district fund, claims against not 28A.545.020 reimbursement from high school district fund from nonhigh districts not tuition fee 28A.545.020 Unemployment compensation academic year, definition 50.44.050 benefits, terms and conditions 50.44.050 reasonable assurance defined 50.44.053 Uniforms special standards schools and programs, authorization 28A.320.140 University of Washington contract to educate highly capable students 28A.185.040 Vacant facilities, leasing 28A.335.230 Vacation period programs, authorized 28A.320.500 Veterans’ day educational activities in observance of 28A.230.160 Vice principals duties 28A.400.100 employment of 28A.400.100 qualifications 28A.400.100 Video telecommunications programming coordination duties, superintendent of public instruction 28A.300.190 Violence reduction conflict resolution and mediation program 28A.300.280 harassment, intimidation, and bullying prevention policy 28A.300.285, 28A.600.480 safe school plans 28A.320.125 school safety grants 28A.300.275 special standards schools and programs 28A.320.140 student court programs 28A.300.420, 28A.320.520 threats of violence, notice 28A.320.128 training for school employees 28A.300.270 Visually or hearing impaired youth, school districts report 72.40.060 Vocational education advisory committees, establishment of local committees, membership and duties 28A.150.500 advisory committees, local 28B.50.252 career and technical education 28C.04.100, 28C.04.110 facilities shared by vocational-technical institute and K-12 programs administration and control of facility, determination of responsibility 28B.50.256 real estate and other assets obtained for vocational-technical institute purposes by school districts transfer of title to college district board, exceptions 28B.50.301 transfer of title to state board for community and technical colleges, exceptions 28B.50.302 school-to-work transitions program outreach and technical assistance 28A.630.881 Vocational rehabilitation and services to the handicapped, See VOCATIONAL EDUCATION Vocational-technical institutes health care service contracts 28B.50.484 high school districts currently enrolling students in, continuing enrollment opportunities at technical colleges 28B.50.533 personnel option to reenroll in public employees’ benefits trust 28B.50.8742, 28B.50.8744 personnel rights upon transfer to community and technical college system 28B.50.874 transfer of powers of superintendent of public instruction to state board for community and technical colleges 28B.50.915 transfer of school district powers to state board for community and technical colleges 28B.50.914 Volunteers background checks 28A.320.155 Voters, special meetings of, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Special meetings of voters Waivers from statutory requirements 28A.180.010 Warrants exceeding budget, county auditor liability 28A.350.060 exchange of warrants for school district bonds 28A.530.070 interest rate 39.56.020 orders nontransferrable 28A.350.070 rate fixed by issuing officer 39.56.030 registration all districts 28A.350.010 second class districts 28A.350.020 statement of canceled warrants 28A.510.270 teachers 28A.350.050 Washington promise scholarship program Ch. 28B.119 Waste reduction and recycling awards program 70.95C.120 Weapons possessing on school premises or facilities, penalty, exceptions 9.41.280 Weapons possession on school premises incident reporting requirements 28A.320.130 Whistleblower protection proceedings administrative law judge assignment of judge to conduct proceedings at request of local government 34.12.038 costs for proceedings, allocation of responsibility for 34.12.039 World War II oral history project 28A.300.370 Year first class districts 28A.330.100 (2008 Ed.) SECRETARY OF STATE fiscal year 1.16.030 school year designated for certification or qualification purposes 28A.410.080 special meeting of voters to determine 28A.320.420 Youth programs, liability for use of school buildings 28A.335.155 Youth programs at schools liability of district under contracts 4.24.660 SCIENCES, WASHINGTON STATE ACADEMY OF Additional services 70.220.050 Assistance to governor and legislature 70.220.020 Duties 70.220.040 Legislative findings, purpose 70.220.010 Organizing committee 70.220.030 Report 70.220.060 SCOLIOSIS Screening program for in schools 28A.210.180, 28A.210.190, 28A.210.200, 28A.210.210, 28A.210.220, 28A.210.240, 28A.210.250 SEA GRANT PROGRAM (See WATER QUALITY, subtitle Puget Sound water quality field agents program) SEALS Adjutant general 38.12.020 Alcoholic beverages, unlawful use of official seal 66.44.120 Authentication by, how affixed 5.44.130 Bar association 2.48.010 Conveyances, private seals, validation of instruments executed without 64.04.100 Copies of public records and documents for evidence 5.44.040 Corporate absence from instrument, effect 64.04.105 powers in regard to 35.21.010 Counties 36.16.050 County treasurer 36.16.050 Court court records and proceedings authenticated with admissible in evidence 5.44.010 writ of execution, on 6.17.110 Court commissioners 2.24.040 Custodian of state seal, secretary of state to be Const. Art. 3 § 18 District courts 3.54.030 Habeas corpus, writs and process 7.36.240 Insurance commissioner 48.02.050 Joint operating agencies, board of directors 43.52.370 Licensing, department of, official seal 46.01.170 Metropolitan municipal corporations, adoption of seal by council 35.58.170 Municipal courts 3.50.115, 35.20.110 Private abolished 64.04.090 conveyances, validations of instruments executed without 64.04.100 Public officer refusing to surrender to successor 42.20.030 State auditor 43.09.180 State bar 2.48.010 State seal 1.20.080 design Const. Art. 18 § 1 reproduction on state flag 1.20.010 secretary of state as custodian of 43.07.040, Const. Art. 3 § 18 use of definitions 43.04.020 general provisions 43.04.030, 43.04.040, 43.04.050, 43.04.060, 43.04.070, 43.04.080, 43.04.090, 43.04.100 legislative findings 43.04.010 State treasurer 43.08.030 Superior courts clerk of supreme court to keep and use 2.32.050 clerk to keep and use 2.32.050 (2008 Ed.) description of 2.08.050, Const. Art. 27 § 9 Uniform commercial code, seals inoperative 62A.2-203 SEARCH AND RESCUE Dogs theft of 9A.56.030 Dogs, interfering with 9.91.175 Duties of local emergency management agency 38.52.400, 38.52.410 Student activities, excused absences 28A.225.055 SEARCH AND SEIZURE Alcoholic beverages Ch. 66.32 Alcoholic beverages, See also ALCOHOLIC BEVERAGES, subtitle Search and seizure Boats and vessels serial number, altered, removed, etc. administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 disposition of seized or impounded vessels 46.12.320 release of impounded vehicles 46.12.340 seizure authorized 46.12.310 Campers serial number, altered, removed, etc. administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 disposition of seized or impounded campers 46.12.320 release of impounded campers 46.12.340 seizure and impoundment 46.12.310 Controlled substances, See DRUGS Driving under the influence forfeiture and seizure of vehicle 46.61.5058 Explosives 70.74.400 Felonies seizure and forfeiture of personal property involved in a felony application of chapter 10.105.900 disposition of forfeited property and proceeds from sale of forfeited property 10.105.010 procedure 10.105.010 property subject to seizure and forfeiture 10.105.010 Fireworks forfeiture proceedings, disposal 70.77.440 seizure by state agency or local government 70.77.435 Fish and wildlife violations Ch. 77.15 Gambling devices and real and personal property 9.46.231 Horticultural inspection, search warrants 15.17.190 Liquor Ch. 66.32 Money laundering proceeds and property, seizure and forfeiture of 9A.83.030 Motor vehicles serial number, altered, removed, etc. administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 disposition of seized vehicles 46.12.320 release of impounded vehicles 46.12.340 seizure and impoundment 46.12.310 Pensions, exemption from seizure 6.15.020 School locker searches grounds for searching student, student’s possessions, or locker 28A.600.230 legislative findings 28A.600.210 no privacy right in school issued locker 28A.600.220 scope of search, limitations 28A.600.230 search without notice or reasonable suspicion, when authorized 28A.600.240 Search warrant alcoholic beverages Ch. 66.32 contents 10.79.020 directed to sheriff or constable 10.79.020 issuance of, grounds 10.79.015 search without warrant unlawful, penalty 10.79.040 Seizure of property return to owner 10.79.050 Sexually explicit conduct, photographs of minors, other materials 9.68A.120 Strip, body cavity searches alternatives, less intrusive 10.79.140 application of law 10.79.120 authorization for 10.79.080 conducting, standards for 10.79.100 damages, actions for 10.79.110 definitions 10.79.070 injunctive relief 10.79.110 legislative intent 10.79.060 medical care not precluded by procedural requirements 10.79.090 physical exams for public health purposes are not searches 10.79.160 reasonable suspicion, probable cause 10.79.130, 10.79.140 report of 10.79.080 search delayed, nonliability of government for damage 10.79.170 uncategorized searches 10.79.140 unnecessary persons prohibited at search 10.79.150 warrant for 10.79.080 warrant requirement 10.79.130 written record required 10.79.150 Warrants, See SEARCH AND SEIZURE, subtitle Search warrant SEARCH WARRANT (See SEARCH AND SEIZURE, subtitle Search warrant) SEASHORE CONSERVATION AREAS (See OCEAN BEACHES, subtitle Seashore conservation areas) SEASONAL LABOR (See LABOR, subtitle Seasonal) SEAT BELTS (See MOTOR VEHICLES) Insurance consideration 48.19.500 SEATTLE Hotel-motel tax state convention and trade center, Seattle Ch. 67.40 Police relief and pension fund system service credit in public employees’ retirement system for service in Seattle system 41.40.059 terms and conditions 41.40.061 Stadium and exhibition center, See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES State convention and trade center hotel-motel tax Ch. 67.40 University of Washington arboretum and botanical gardens, conveyance of part to Seattle 28B.20.354 University of Washington campus approach highway, city action as requisite to 47.20.635 SECOND-HAND DEALERS (See PAWNBROKERS AND SECONDHAND DEALERS) SECRETARY OF STATE (See also ELECTIONS) Acquisition and disposition of highway property, secretary’s powers and duties relating to Ch. 47.12 Archives and records management division access to records transferred to 40.14.040 allocation of costs of services 40.14.025 certification of copies 40.14.030 duties concerning public records 40.14.020 gifts, grants, and conveyances 43.07.370, 43.07.380 imaging account 40.14.022 judgment debtor surcharge for local government public archives and records management services 40.14.027 [RCW Index—page 669] SECRETARY OF STATE local government archives account 40.14.024 public disclosure 40.14.030 records committee 40.14.050 records officers 40.14.040 transfer of records to 40.14.030, 40.14.040 Washington-Oregon boundary commission records transmitted to 43.58.070 Armed forces, to receive free copies of state flag 1.20.010 Articles of incorporation, recording of 43.07.030 Assistant secretary appointment of 43.07.020 powers 43.07.020 Attests commission issued by state Const. Art. 3 § 15 Attorney for former residents for service of process arising out of motor vehicle operation in this state, secretary as 46.64.040 nonresidents for service of process arising out of motor vehicle operation in this state, secretary as 46.64.040 Bond 43.07.010 Bonds deposited with state auditor 43.09.010 state officers’ bonds 43.07.030 state treasurer 43.08.020 Bonds of officers, filing of 43.07.030 Business license center corporations 43.07.200 Charges for furnishing copies of documents and records 24.03.410 Charitable solicitations law, See CHARITABLE SOLICITATIONS Charitable trusts filing requirements 11.110.060 trustees, registration requirements 11.110.051 trusts not exclusively for charitable purposes access to information 11.110.075 Citizens’ exchange program 43.07.350 Civil rights, issuance of copies of instruments restoring civil rights 5.44.090 Commercial fund raisers, See CHARITABLE SOLICITATIONS Constitution, custodian of 43.07.040 Conveyances made to state, recording of 43.07.030 Corporations agent for service of process in absence of registered agent 23B.05.040 annual report, filing, required information 23B.16.220 articles of dissolution, filing, required information 23B.14.030 articles of incorporation, amendments to be filed, required information 23B.10.060 certificate of existence or authorization 23B.01.280 correction of records filed with 23B.01.240 decree of dissolution, filing 23B.14.330 dissolved corporations, list published in state register 34.08.020 dissolved corporations, secretary of state to prepare monthly list 23B.14.390 effective time and date of records filed with 23B.01.230 false statements gross misdemeanor 43.07.210 filing duties 23B.01.250 filing system new format authorized 43.07.170 filings fees and charges, establishment and collection 23B.01.220 summary cover sheet 43.07.190 foreign corporations agent for service of process in absence of registered agent 23B.15.100 certificate of authority amended certificate, application for 23B.15.040 [RCW Index—page 670] certificate of authority, application for 23B.15.030 forms, authority to mandate use 23B.01.210 forms, authority to prescribe and furnish 23B.01.210 health care insurance documents, certain copies to insurance commissioner 43.07.175 license fees penalty fees, waiver of 23B.01.580 license renewal system staggered 43.07.180 licenses business license center as agent 43.07.200 mergers, filing articles of merger, required information 23B.11.050 modernization of law legislative intent 43.07.160 nonprofit miscellaneous and mutual corporations powers and duties 24.06.485 powers, rule making authority 23B.01.300 refusal to file record, judicial review 23B.01.260 services by secretary may contract with agencies to provide 43.07.035 share exchanges, filing articles of share exchange, required information 23B.11.050 Corporations, filing and affairs, See CORPORATIONS County seats, removal, notice 36.12.070 Credit unions duties relating to 31.12.085 receivership, secretary’s duties 31.12.707 Delegation signature, authenticating officer 43.07.160 Deputy secretary appointment of 43.07.020 powers 43.07.020 Detainers, interstate transmission of copies of chapter by secretary 9.100.080 Digital signatures authentication and certification authority, secretary’s powers and duties Ch. 19.34 Domestic partnership registry 43.07.400 Domestic violence, sexual assault, trafficking, or stalking victim address confidentiality program Ch. 40.24 Duties Const. Art. 3 § 17 may delegate signature authority 43.07.160 Election of Const. Art. 3 § 1 Elections absentee voting Ch. 29A.40 ballots and other voting forms Ch. 29A.36 canvassing Ch. 29A.60 contesting an election Ch. 29A.68 crimes and penalties Ch. 29A.84 disability access voting Ch. 29A.46 division of elections director, appointment of 43.07.300 duties 43.07.310 establishment 43.07.300 elective offices - qualifications, terms, and requirements Ch. 29A.20 filing for office Ch. 29A.24 generally, definitions Ch. 29A.04 initiative and referendum, state Ch. 29A.72 mail ballots Ch. 29A.48 nuclear waste site disapproval Ch. 29A.88 political parties Ch. 29A.80 polling place elections and poll workers Ch. 29A.44 precinct and polling place determination and accessibility Ch. 29A.16 primaries and elections Ch. 29A.52 recounts Ch. 29A.64 redistricting Ch. 29A.76 returns, certifying of 43.07.030 special circumstances elections Ch. 29A.56 vacancies Ch. 29A.28 voters and registration Ch. 29A.08 voters’ pamphlets Ch. 29A.32 voting systems Ch. 29A.12 Elections, division of director, appointment of 43.07.300 duties 43.07.310 establishment 43.07.300 Elections, See also ELECTIONS Electronic authentication act, powers and duties Ch. 19.34 Expenses and purchases, accounting to speaker of house 43.07.030 Extradition, application for requisition for return of person and attachments filed with 10.88.410 Federal employer identification numbers and documents, authority of secretary of state to issue 43.07.205 Fees fee book 43.07.030 heritage center, Washington state 43.07.128 municipal corporations auditor to adopt rules 43.09.281 rule adoption to establish 43.07.120, 43.07.125 Filing with articles of incorporation 43.07.030 banks, See BANKS AND BANKING, subtitle Filings bonds of state officers 43.07.030 conveyances made to state 43.07.030 corporations, See CORPORATIONS, subtitle Filings department of transportation rules and regulations concerning aeronautics 47.68.210 domestic insurers, articles of incorporation 48.06.200 engrossed bills 44.20.010 faxes, acceptance of 43.07.173 initiatives and referendums Const. Art. 2 § 1 numbering system for highways 47.36.097 savings and loan associations, See SAVINGS AND LOAN ASSOCIATIONS, subtitle Filings standard uniforms for sheriffs 36.28.170 statute law committee code correction orders 1.08.016 uniform facsimile signature of public officials act, filing signatures under with secretary of state 39.62.020 Foreign corporations certificate of authority amended certificate, application for 23B.15.040 amended certificate, when required 23B.15.040 Foreign corporations, See also CORPORATIONS, subtitle Foreign corporations Foreign limited partnerships merger appointment of secretary of state as agent for service of process 25.10.840 restraining actions against violators 25.10.550 revocation of registration commencement of proceeding 25.10.553 Gifts, grants, and conveyances, receipt and sale authorized 43.07.037 Heritage center, Washington state account 43.07.129 fees 43.07.128 gifts, grants, and conveyances 43.07.370 Initiative Measure 276, printing and distribution of materials relating to 43.07.140 Initiatives and referendums filing of proposals and petitions with Const. Art. 2 § 1 International student exchange organizations, registration requirements Ch. 19.166 Involuntary dissolution, notice to attorney general, nonprofit corporations 24.03.255 Legacy project (2008 Ed.) SECURITIES advisory council 43.07.363 funding 43.07.365 gifts, grants, conveyances 43.07.370 legacy project, state library, and archives account 43.07.380 Legislative acts and resolutions custodian of 43.07.040 Legislative acts and resolutions, See also SECRETARY OF STATE, subtitle Session laws Legislative journals, custodian of 43.07.040 Licenses corporations staggered renewal 43.07.180 Limited liability companies Ch. 25.15 Limited partnerships dissolution, administrative commencement of proceeding 25.10.453 notice of determination 25.10.455 reinstatement application 25.10.457 filing fees, miscellaneous charges 25.10.600 filing of certificate 25.10.130 merger articles of merger, filing 25.10.820 effect of 25.10.830 revocation of registration notice of determination 25.10.555 Memorial to state residents, missing-in-action or died, southeast Asia 73.40.010, 73.40.030 Missing-in-action or died in southeast Asia memorial within the state capitol building 73.40.010, 73.40.030 Motor vehicle accident or violation by nonresident, service on 46.64.040 Nonadmitted foreign organizations service of process, agent for 23B.18.040 procedure 23B.18.050 Nonprofit corporations appeal from 24.03.445 applicability of nonprofit corporations act, elective coverage, duties 24.03.017 interrogatories confidential nature 24.03.435 exemptions 24.03.430 powers and authority 24.03.440 Nonprofit miscellaneous and mutual corporations certificate issuance fees 24.06.450 fees miscellaneous fees 24.06.455 foreign corporations reinstatement, application for 24.06.433 notice of delinquency 24.06.290 Notice corporations nonprofit miscellaneous and mutual corporations delinquency notice 24.06.290 nonprofit corporations, registered agent notice to file to comply with 1969 requirements 24.03.915 Oath of office 43.01.020 Oaths, judicial, filing Const. Art. 4 § 28 Official bond 43.07.010 Oral history program funding 43.07.365 gifts, grants, and conveyances 43.07.370, 43.07.380 Partnerships fees and charges 25.05.902 recordkeeping requirements 25.05.903 Powers and duties Const. Art. 3 § 17 generally 43.07.030 Printing and distribution of certain material 43.07.140 Process deposited with domestic corporation without officer in upon whom process can be served 4.28.090 Professional fund raisers, See CHARITABLE SOLICITATIONS Public disclosure commission, duties 42.17.380 (2008 Ed.) Public meetings, notices of, contained in state register 34.08.020 Real estate excise enforcement transfer of controlling interest, disclosure 43.07.390 Records, custodian of 43.07.040, Const. Art. 3 § 24 Residence to be maintained at seat of government Const. Art. 3 § 24 Salary, amount of 43.03.010 Sale of unneeded toll facility property, secretary to attest deed and deliver 47.56.255 Seals affixing state seal by 43.07.030 custodian of state seal 43.07.040, Const. Art. 3 § 18 furnishing of to state officers 43.07.030 Secretary of state’s revolving fund, purpose 43.07.130 Service of process nonprofit corporations 24.03.060 nonprofit miscellaneous and mutual corporations 24.06.060 Session laws copies, delivery to statute law committee 44.20.020 custodian of 43.07.040 delivery of copies and certification to statute law committee 44.20.020 engrossed bill filed with 44.20.010 numbering of 44.20.020 Signature may appoint authenticating officers 43.07.160 State archivist duties 40.14.020 State capitol committee member 43.34.010 State flag, provision to armed forces 1.20.010 State library authority 27.04.010, 27.04.900 gifts, grants, and conveyances 43.07.370, 43.07.380 Statistics commissioner ex officio bureau of statistics, agriculture and immigration established by 43.07.050 deputy commissioner 43.07.110 immigration agent 43.07.110 information furnished confidential 43.07.100 powers to obtain statistics 43.07.090 Statute law committee code correction orders filing 1.08.016 Succession to office of governor Const. Art. 3 § 10 Tartan, state 1.20.110 Term of office 43.01.010, Const. Art. 3 § 3 Trademarks and trade names trade name registration, duties Ch. 19.80 trademark registration, duties Ch. 19.77 Uniform act on fresh pursuit, duties 10.89.060 SECURED TRANSACTIONS (See UNIFORM COMMERCIAL CODE, subtitle Secured transactions) SECURITIES (See also BOND ISSUES; BONDS) Accounts and records release of information, correction of filed document 21.20.100 requirements 21.20.100 Actions and suits for collection of commission for sale of security, proof required 21.20.135 Administration administrator of securities appointment of 21.20.460 compensation 21.20.470 delegation of powers to 21.20.460 expenses and per diem 21.20.470 cooperation with other state and federal authorities 21.20.450 copies of register entries for documents to be furnished 21.20.520 by department of financial institutions 21.20.450 filed information, unlawful use of 21.20.480 hearings public, exception 21.20.500 interpretative opinions 21.20.530 register of applicants and statements 21.20.510 rules, forms, and orders 21.20.450 Advertising falsely, penalty 9.04.010 Advisory committee created 21.20.550 duties 21.20.580 expenses and per diem 21.20.590 meetings 21.20.560 officers 21.20.560 qualifications of members 21.20.550 terms of office 21.20.570 vacancies in office 21.20.570 Appeals 21.20.440 Assignee of securities may sue in own name 4.08.080 Bank depositaries, See DEPOSITARIES Banks and trust companies, authority to deposit securities 30.04.240 Brokers-dealers excluded from usury law 19.52.110 Bucket shops defined, characteristics 9.47.080 keeping and operating 9.47.090 statements required, omission or refusal as prima facie proof 9.47.100 Cease and desist order 21.20.390 Cities and towns retirement system 35.39.070 Civil liabilities, penalties, limitation of action 21.20.430 Clearing corporations, banks and trust companies authorized to deposit securities with 30.04.240 Commission for sale of security, action or suit for collection of, proof required 21.20.135 Construction effective date of 1973 amendments 21.20.805 uniformity 21.20.900 Contracts of investment advisers required provisions 21.20.030 Cooperative associations exempt transactions 21.20.320 Copies of record as evidence 5.44.060 Costs, See SECURITIES FOR COSTS Customers recommendations, reasonable grounds for belief in suitability required 21.20.702 Damages, actions for 21.20.390 Debenture companies acquisition of control 21.20.727, 21.20.730 applications for certificates, printed caveat, not insured by government 21.20.725 bad debts 21.20.825 capital requirements 21.20.710 cease and desist orders 21.20.732, 21.20.734 certificates of debenture pass book form, prohibited 21.20.725 printed caveat, not insured by government 21.20.725 controlling person 21.20.717 definitions 21.20.705 directors, prohibited activities 21.20.720 equity investments 21.20.815 exempt transactions 21.20.320 holders, maturity date 21.20.835 investments in unsecured loans 21.20.830 loans to any one borrower, limits 21.20.820 maturity date requirements 21.20.715 officers, prohibited activities 21.20.720 payable on demand 21.20.725 public disclosure 21.20.855 rules 21.20.845 Definitions 21.20.005 Depositaries, See DEPOSITARIES Employee cooperative corporations exempt transactions 21.20.320 Enforcement, assurance of discontinuance of violation 21.20.435 Examinations and investigations 21.20.370, 21.20.380, 21.20.700 [RCW Index—page 671] SECURITIES ACT Exemptions denial of 21.20.325 hearing 21.20.325 order revoking 21.20.325 procedure 21.20.325 registration 21.20.310 revocation 21.20.325 transactions 21.20.320 unlawful representations concerning 21.20.360 Exemptions, exceptions and preemptions proof 21.20.540 Exemptions from execution, personal exemption claimant to list bonds 6.15.060 Federal covered securities required filings and fees 21.20.327 Fees, disposition 21.20.340 Filings document is filed when received 21.20.510 misleading statements 21.20.350 unlawful use of filed information 21.20.480 Financial planners and investment counselors registration requirements and exceptions 21.20.040 Fish marketing associations, securities act inapplicable 24.36.060 Foreign securities, investment in by insurance companies 48.13.180 Fraudulent and other prohibited practices 21.20.010, 21.20.020, 21.20.030 purchases or sales that are excessive in size or frequency for customer’s account 21.20.035 Gambling, validity of securities as evidence of gambling debt 4.24.090 Injunctions 21.20.390 Insurance ineligible investments, disposal of 48.13.290 merged and reorganized institutions 48.13.070 safeguarding procedures 48.13.450, 48.13.455, 48.13.460, 48.13.465, 48.13.470, 48.13.475, 48.13.480, 48.13.490 variable contracts, salesmen, brokers, licensure 48.18A.060 Investigations and examinations 21.20.370, 21.20.380, 21.20.700 Investment adviser performance-based compensation arrangement allowed 21.20.030 unlawful acts 21.20.020, 21.20.030 Investment of trust funds Ch. 11.100 Investment securities Ch. 62A.8 Judicial review 21.20.440, 21.20.925 Liens, See LIENS Limitation of actions 21.20.400 Motor vehicle financial responsibility law, deposit of securities as proof 46.29.550 Partition proceedings, See PARTITION Penalties for violations 21.20.400 attorney general or prosecuting attorney, referral of prosecution to 21.20.410 Public utilities, See PUBLIC UTILITIES, subtitle Securities Purchases or sales that are excessive in size or frequency for customer’s account 21.20.035 Receivers, appointment 21.20.390 Recommendations to customers suitability of recommendation, reasonable grounds required 21.20.702 Registration of broker-dealers, salesperson, investment advisors, and representatives applications cancellation, grounds 21.20.130 consent to service of process 21.20.050 contents 21.20.060 filing 21.20.050 cancellation of registration, grounds 21.20.130 capital requirements 21.20.060 censure, fine, or restriction of registrant 21.20.110 [RCW Index—page 672] denial, suspension, or revocation of registration grounds, procedure 21.20.110 order, request for, notice of hearing, findings and conclusions 21.20.120 duration of registration 21.20.080 effective date 21.20.070 exempt securities denial 21.20.325 procedure 21.20.325 revocation, order 21.20.325 exempt transactions 21.20.320 fees, disposition 21.20.340 financial reports 21.20.090 renewals 21.20.090 required, exemptions 21.20.040 salespersons must be associated with issuer, federal covered adviser, or broker-dealer 21.20.080 surety bond 21.20.060 Registration of securities coordination, registration by conditions 21.20.190, 21.20.250 duration of registration 21.20.260 effective date 21.20.190 escrow 21.20.250 impounding 21.20.250 price amendments 21.20.190, 21.20.200 requirements 21.20.180 stop order 21.20.200 denial, suspension or revocation of registration, grounds 21.20.280 duration 21.20.260 exempt securities 21.20.310 exempt transactions 21.20.320 fees, disposition 21.20.340 notification, registration by duration of registration 21.20.260 pending applications continuance 21.20.275 termination 21.20.275 qualification, registration by audits 21.20.210 conditions 21.20.230, 21.20.250 duration of registration 21.20.260 effective date 21.20.230 escrow 21.20.250 impounding 21.20.250 requirements 21.20.210 statement, contents 21.20.210 statement, contents, exception 21.20.220 reports and statements, filing 21.20.270 required 21.20.140 selling without registration unlawful 21.20.140 statements, generally 21.20.240 stop orders grounds for 21.20.280 procedure 21.20.300 prohibited, when 21.20.290 Reports by issuers requirements 21.20.740 suspension of sale of securities, when 21.20.750 violations penalties, contribution 21.20.745 suspension of sale or trading 21.20.745 Savings 21.20.910, 21.20.915 Service of process consent to 21.20.050, 21.20.330 how made 21.20.330 Storage of agricultural commodities definitions 22.09.011 Transfer on death security registration, uniform act application of chapter 21.35.901 beneficiaries death of owner or owners, passage of ownership of security 21.35.035 designation of 21.35.020 designation of TOD or POD beneficiary, effect on ownership rights 21.35.030 contract between owner of security and registering entity transfer is effective by reason of contract and is not testamentary 21.35.045 creditor’s rights 21.35.045 death of owner or owners passage of ownership of security 21.35.035 definitions 21.35.005 registering entity protection for, discharge from claims to security by estate, creditors, heirs, or devisees, requirements 21.35.040 terms and conditions for accepting and implementing registrations, registering entity may establish 21.35.050 registration in beneficiary form authority to register in beneficiary form 21.35.015 beneficiary death of owner or owners, passage of ownership of security 21.35.035 designation of 21.35.020 designation of TOD or POD beneficiary, effect on ownership rights 21.35.030 cancellation or change of registration 21.35.030 multiple owners of registered security to hold security as joint tenants 21.35.010 ownership requirements for registration of a security 21.35.010 ownership rights death of owner or owners, passage of ownership of security 21.35.035 designation of TOD or POD beneficiary, effect on rights 21.35.030 registering entity may establish terms and conditions for accepting and implementing registrations 21.35.050 words of designation 21.35.025 short title 21.35.900 Trust funds, investments in, eligible and ineligible securities Ch. 11.100 Trustees power to deal in stock or securities 11.98.070 Unlawful representations 21.20.360 Vacation or modification of superior court judgments, securities preserved 4.72.050 Variable contracts 21.20.037 Violations administrative actions 21.20.395 assurance of discontinuance 21.20.435 director to publish information concerning 21.20.700 publication of information 21.20.370 SECURITIES ACT (See SECURITIES) SECURITIES FOR COSTS Bond, by 4.84.210 additional may be required 4.84.210 Bond in lieu of separate security for costs 4.84.220 Civil actions court may require additional 4.44.470 court may set amount of security 4.44.470 Deposit in lieu of bond 4.84.210 additional required 4.84.210 dismissal for failure to give 4.84.230 Dismissal for failure to give 4.84.230 Judgment on bond 4.84.240 Required, when 4.84.210 Standing bond for numerous actions 4.84.220 SECURITY GUARDS Administrative procedure act application to acts of director 18.170.280 Armed security guards licenses 18.170.040, 18.170.050 Companies information on certain occurrences required 18.170.110 licenses 18.170.060, 18.170.080, 18.170.090 Definitions 18.170.010 Director of licensing’s authority 18.170.180, 18.170.300 (2008 Ed.) SENIOR CITIZENS SERVICES Exemptions from application of chapter 18.170.020 Firearms display while soliciting clients prohibited 18.170.175 notification of law enforcement agency when firearm discharged while on duty 18.170.110 Firearms certificate program 43.101.260 Inability to practice by reason of mental or physical condition procedures 18.170.220, 18.170.230 Law enforcement insignia use of public law enforcement insignia prohibited 18.170.160 Licenses applications 18.170.130 armed security guards authority of holder 18.170.050 firearms, ownership and registration requirements 18.170.050 license cards, issuance and use 18.170.070 requirements 18.170.040 firearms certificate, requirements 43.101.260 investigation of applicant 18.170.130 license cards, issuance and use 18.170.070 private security companies assignment or transfer 18.170.060 liability insurance requirements 18.170.080 license certificates, posting requirements 18.170.070 qualifying agent, requirements 18.170.060 requirements and restrictions 18.170.060 temporary registration cards 18.170.090 requirements 18.170.030 suspension for noncompliance with support order 18.170.164 suspension for nonpayment or default on educational loan or scholarship 18.170.163 temporary registration cards, issuance, expiration, or suspension 18.170.090 transfer 18.170.165 unlicensed practice prohibited 18.170.160 Out-of-state private security guards licensure by endorsement 18.170.120 limits on operations in Washington 18.170.150 temporary assignment in Washington, validity of out-of-state license 18.170.120 Reciprocity agreements 18.170.300 Regulatory provisions of chapter exclusive, authority of state and political subdivisions 18.170.140 Training requirements 18.170.105 Uniform regulation of business and professions act 18.170.290 Unprofessional conduct 18.170.170, 18.170.230 Violations procedures and hearings 18.170.210 SEDITION (See ANARCHY) SEEDS Administration and enforcement, agriculture department powers and duties 15.49.310, 15.49.370 Arbitration filing fee and rules 15.49.081 prerequisite to legal action 15.49.071 procedure 15.49.091 Arbitration committee investigation of complaint 15.49.101 organization and duties 15.49.111 Brassica seed production agreements 15.51.040 application of chapter 15.51.070 definitions 15.51.020 districts 15.51.030 findings, purpose 15.51.010 rules, adoption 15.51.050 violation of chapter 15.51.060 Conditioning certified seed permit 15.49.350 (2008 Ed.) Damages, arbitration prerequisite to legal action 15.49.071 Dealer’s license 15.49.380, 15.49.390 Definitions 15.49.011 Enforcement 15.49.370 Exceptions to chapter application 15.49.061 Immunity of department of agriculture 15.49.420 Injunctions to enforce 15.49.460 Intergovernmental agreements and cooperation 15.49.480 Labels, required information 15.49.031 Mislabeling powers of department of agriculture 15.49.410 Moneys, disposition 15.49.470 Penalties disposition of fines and forfeitures 15.49.470 Records of distributed seed, retention 15.49.360 Screenings removal and disposition 15.49.330 Seed bailment contracts Ch. 15.48 Seed labeling permit 15.49.400 Standards and label requirements 15.49.021 Unlawful practices 15.49.051 Violations, civil penalty 15.49.041 SEIZURES (See SEARCH AND SEIZURE) SELF-DEFENSE Force, use of, when lawful 9A.16.020 Homicide, when 9A.16.050 Reimbursement of defendant 9A.16.110 Special verdict required on issue, form 9A.16.110 SELF-INCRIMINATION Accused not required to give evidence against self Const. Art. 1 § 9 Bribery action, witness not excused on ground of 9.18.080, Const. Art. 2 § 30 Criminal investigations grand jury immunity from prosecution 10.27.130 perjury 10.27.130 special inquiry judge immunity from prosecution 10.27.130 perjury 10.27.130 Grand jury, criminal investigations 10.27.120 Habeas corpus, public officers obeying writ 7.36.180 Immunity from prosecution, witness not excused on grounds of self-incrimination if given immunity from prosecution 10.52.090 Jeopardy, no person to be twice put in Const. Art. 1§9 Perjury, immunity from prosecution does not apply to perjury committed in selfincriminating testimony 10.52.090 Special inquiry judge, criminal investigations 10.27.120 Utilities and transportation commission witnesses 80.04.050, 81.04.050 Witness not excused if given immunity from prosecution 10.52.090 Witnesses, bribery, witness not excused on ground of self-incrimination 9.18.080 SELF-SERVICE STORAGE Contract 19.150.120 Definitions 19.150.010 Good faith purchasers of disposed goods 19.150.110 Insurance responsibility 19.150.130 Late fees 19.150.150 Lien on personal property 19.150.020, 19.150.050, 19.150.060, 19.150.090, 19.150.100, 19.150.120 Rights not impaired 19.150.140 Sale of occupant’s property 19.150.060, 19.150.070, 19.150.080, 19.150.110 Termination of occupant’s rights 19.150.040 Unclaimed property presumption of abandonment 63.29.165 Unpaid rent denial of access to storage space 19.150.030 notice 19.150.050 payment prior to sale 19.150.100 sale of occupant’s property 19.150.070, 19.150.080 sale or disposal of property, notice 19.150.060 termination of occupant’s rights 19.150.040 SELLERS OF TRAVEL (See TRAVEL BUSINESSES) SENATE (See LEGISLATURE) SENIOR CITIZENS Boarding homes, licensing and regulation Ch. 18.20 Cities and towns programs, establishment, administration, authorized 36.39.060 Colleges, universities, and community and technical colleges waiver of certain fees limitations 28B.15.540 Common schools, extracurricular activities, fee waiver 28A.325.010 Counties programs, establishment, administration, authorized 36.39.060 Criminal mistreatment defense, financial inability 9A.42.050 defined 9A.42.010 first degree 9A.42.020 second degree 9A.42.030 third degree 9A.42.035 withdrawal of life support systems not applicable to chapter 9A.42.040 Dependent adults, See DEPENDENT ADULTS Fall prevention program 43.70.705 Fishing permits, group 77.32.550 Long-term care ombudsman program findings 43.190.010 municipal authority 36.39.060 Meal program authorized 28A.623.020 purpose 28A.623.010 school lunchroom use 28A.235.120 Motor vehicle insurance premium reduction for accident prevention course 48.19.460, 48.19.470, 48.19.480, 48.19.490 Park and recreation service areas administration 36.68.400 Park passes, camping 79A.05.065 Retired senior volunteer programs distribution of funds 43.63A.275 Ride sharing, See MOTOR VEHICLES, subtitle Ride sharing State parks wood gathering, persons over sixty-five exempt from fees 79A.05.090 Transportation leasing of school buses by nonprofit organizations 28A.160.040 nonprofit providers 81.66.005, 81.66.010, 81.66.020, 81.66.030, 81.66.040, 81.66.050, 81.66.060 school bus use 28A.160.010 Trials priority for aged or ill parties in setting cases for trial 4.44.025 Utility service connection fees, waiver, low income persons 35.92.380 Utility services, reduced rates 74.38.070, 80.28.068 Voting precinct and polling place determination and accessibility Ch. 29A.16 Wood gathering persons over sixty-five exempt from park fees 79A.05.090 SENIOR CITIZENS SERVICES Community based services administration 74.38.030 annual state plan 74.38.030 eligibility, determination of 74.38.030 [RCW Index—page 673] SENTENCES federal programs, expansion of, authorized 74.38.060 nonlow income persons, availability of services for, fee schedules 74.38.050 scope of program 74.38.040 Definitions 74.38.020 Foster grandparent, senior companion, and retired senior volunteer programs 74.38.061 Policy declaration 74.38.010 SENTENCES (See also PRISON TERMS AND PAROLES; PROBATION AND PAROLE) Abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 Aggravating circumstances 9.94A.535, 9.94A.537 Aliens committed to department of corrections conditional release for deportation 9.94A.685 Alternatives to total confinement 9.94A.680 Anticipatory offenses 9.94A.595 Appeals judicial review 9.94A.585 department of corrections may petition for 9.94A.585 stay of execution of judgment, conditions of release 9.95.064 Armed offenders 9.94A.470 Chemical dependency, offender sentencing 9.94A.607 Classification of inmates prosecuting attorney’s statement 9.95.028 Clemency and pardons board petition for review, recommendation to governor 9.94A.880, 9.94A.885 Commencement of sentence from date judgment and sentence signed by court 9.95.060 Commencement of sentence when convicted person returned to custody 9.95.060 Community custody 9.94A.505 commencement, discharge 9.94A.707 conditions 9.94A.703 earned release time 9.94A.728 mental health information, access 9.94A.708 possession of firearms or ammunition prohibited 9.94A.706 revocation or violations hearings 9.95.123 sentenced for one year or less 9.94A.702 sentenced to the custody of the department 9.94A.701 sex offenders 9.94A.709 specified offenders 9.94A.715 supervision by the department 9.94A.704 violations 9.94A.714, 9.94A.716, 9.94A.737, 9.94A.740, 72.09.310, 72.09.311 Community placement 9.94A.505 limited liability 72.09.320 Community restitution by offenders workers’ compensation and liability insurance coverage 35.21.209, 36.16.139 Completion civil rights restoration, prior convictions, use of in later prosecution, assistance 9.94A.637 clemency and pardons board established 9.94A.880 petition for review, recommendation to governor 9.94A.885 counseling, community adjustment help 9.94A.637 vacation of record of conviction, conditions 9.94A.640 Concurrent or consecutive sentences 9.94A.589 Concurrent sentences when two or more counts 9.92.080 Consecutive, concurrent 9.94A.505 [RCW Index—page 674] Consecutive sentences when two or more crimes 9.92.080 Conviction histories for filings, plea agreements, and sentencing state patrol primary source 10.98.030 Conviction on new trial, former imprisonment deductible 9.95.063 Costs default in payment, enforcement, collection 10.01.180 payment, deferred or by installment 10.01.170 payment by defendant 10.01.160 County, state facilities, confinement determined by length of term 9.94A.190 Crimes committed prior to July 1, 2000 application of chapter 9.94B.010 community custody for sex offenders 9.94B.070 community placement 9.94B.050, 9.94B.060 definitions 9.94B.020 mental status evaluations 9.94B.080 noncompliance, penalty 9.94B.040 postrelease supervision, violations 9.94B.030 transfer to community custody status in lieu of earned release 9.94B.090 Criminal history, use in sentencing 9.94A.525, 9.94A.535 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Deadly weapon duration of confinement prescribed for felony committed with 9.95.040 special verdict 9.95.015 Death penalty mentally retarded person may not be sentenced to 10.95.030 Death penalty or life imprisonment DNA testing request 10.73.170 Death sentence execution methods 10.95.180 single-person cells 10.95.170 Deferral or suspension abolished, exceptions 9.94A.575 Definitions Ch. 9.94A, 9.94A.030 Departure from sentencing guidelines 9.94A.535 Determinate sentence when range has not been established 9.94A.505 Discharge before end of community supervision 9.94A.637 Domestic violence no-contact a condition, procedures 10.99.050 Driving under the influence attendance at program focusing on victims 46.61.5152 intermittent fulfillment 46.61.5151 Drug offenders 9.94A.505, 9.94A.607 Drug offense sentencing grid 9.94A.517 Drug offenses sentencing alternative 9.94A.660 Duration of confinement fixing by indeterminate sentence review board, procedure 9.95.040 minimum term mandatory terms 9.94A.540 redetermination and refixing of 9.95.052 minimum terms prescribed in certain cases 9.95.040 revocation and reconsideration due to rule infraction 9.95.080 time credits for good behavior 9.95.070 war emergency, reduction of minimum term during 9.95.055 Early release for good behavior prisoners in county jails 9.92.151 Earned release time prohibited, exceptions 9.94A.728, 9.94A.7281, 9.94A.7282 specialized training may be required as condition 9.94A.580 Election crimes and penalties Ch. 29A.84 Exceptional sentences 9.94A.505, 9.94A.535 Felonies, classification of unclassified felonies 9.94A.035 Felonies, sentences to run consecutive when two or more felony convictions 9.92.080 Fines 9.94A.550 Fingerprint of defendant affixed to 10.64.110 First time offenders 9.94A.505, 9.94A.650 Form of sentence to penitentiary 10.64.060 Gangs, See GANGS Good behavior, time credit reductions for 9.95.070 Guidelines Ch. 9.94A Hard time for armed crime Ch. 9.94A Home detention conditions 9.94A.190, 9.94A.731, 9.94A.734 Indeterminate sentence review board abuse victim found guilty of murder of abuser prior to July 23, 1989 petition for review, requirements 9.95.045 review of inmate’s sentence 9.95.047 board of prison terms and paroles redesignated 9.95.001 certificate of discharge 9.96.050 commencement of sentence from date judgment and sentence signed by court 9.95.060 confinement criteria for determining duration 9.95.017 confinement decisions considerations and priorities 9.95.009 definitions 9.95.0001 duration of confinement board to fix minimum term for 9.95.040 employees 9.95.003 good behavior, time credit reductions for 9.95.070 meetings 9.95.005 membership, qualifications, salaries, and expenses 9.95.003 minimum term redetermination and refixing of 9.95.052 panels 9.95.007 parole criteria for release and length of parole 9.95.017 rule-making authority 9.95.150 parole board 9.95.002 parole revoked prisoner deemed escapee board may deny credit against maximum sentence for time prisoner is escapee 9.95.130 quarters at correctional institutions 9.95.005 quorum 9.95.007 redetermination and refixing of minimum term 9.95.052 reduction of membership 9.95.009 sentencing reform act application to board decisions 9.95.013 statement of facts about convicted person to be given board by sentencing judge and prosecutor 9.95.030 war emergency, reduction of minimum term during 9.95.055 Indeterminate sentences commenced when convicted person returned to custody 9.95.060 conviction on new trial, former imprisonment deductible 9.95.063 deadly weapon special verdict 9.95.015 duty of board to inform itself about convict, department of corrections to make records available 9.95.170 jail time pending appeal, credit for 9.95.062 labor of prisoner required 9.95.090 mandatory life sentences fixing of duration of confinement 9.95.116 maximum sentence, court to fix 9.95.010 mental health or chemical dependency treatment notification requirements 9.95.143 minimum term court to set 9.95.011 (2008 Ed.) SENTENCES revocation and redetermination for infraction of prison rules 9.95.080 parole 9.95.110, 9.95.115, 9.95.120 on-site parole revocation hearing 9.95.121, 9.95.122, 9.95.124, 9.95.125, 9.95.126 on-site parole revocation or violations hearings 9.95.123 parole records 9.95.140 prosecutor’s statement of facts concerning convicted person 9.95.031 delivery of statement 9.95.032 release of prisoner on serving maximum term 9.95.100 sentencing reform act application to indeterminate sentence review board decisions 9.95.013 stay of execution of judgment 9.95.062, 9.95.064 superintendents of correctional institutions, duties 9.95.020 Information for certain offenders, public records 9.94A.475 Interstate compact for adult offender supervision 9.94A.745, 9.94A.74501, 9.94A.74502, 9.94A.74503, 9.94A.74504 Jail time pending appeal, credit for 9.95.062 Jails emergency in population governor’s response, alternatives 9.94A.875 Judicial recordkeeping requirements 9.94A.480 Juvenile justice confinement in detention facility 13.40.185 consecutive terms 13.40.180 disposition hearing 13.40.150 disposition order procedure 13.40.160 violation of order 13.40.200 felony convictions, placement 72.01.410 firearms possession length of confinement and community supervision 13.40.193 juvenile disposition standards commission, powers and duties transferred to sentencing guidelines commission 13.40.005 procedure 13.40.130 restitution violation of order 13.40.200 restitution orders 13.40.080, 13.40.190 sentencing guidelines equal application 13.40.0351 sentencing standards 13.40.0357 suspensions, deferrals, prohibited 9.92.200 Legal financial obligations administrative procedure to set amount when court does not 9.94A.760 court-ordered, imposition and collection 9.94A.760 financial institutions community bank accounts, collection actions against 9.94A.7608 service on main or branch office authorized 9.94A.7608 monthly payment or starting dates, construction 9.94A.772 notice of debt service of, contents, actions on 9.94A.7609 "obligee" defined 9.94A.7601 order to withhold and deliver duties and rights of person or entity served 9.94A.7607 exempt earnings 9.94A.761 issuance and contents 9.94A.7606 payment of court-ordered 9.94A.505 payroll deduction apportionment among obligees 9.94A.7603 employer or entity rights and responsibilities 9.94A.7604 exempt earnings 9.94A.761 maximum amount 9.94A.7603 motion to quash, modify, or terminate, grounds for relief 9.94A.7605 notice of, issuance and content 9.94A.7602 (2008 Ed.) termination of supervision, monitoring of payments 9.94A.775 wage assignments costs and attorney fees, recovery 9.94A.7709 employer responsibilities 9.94A.7705 forms and rules 9.94A.7706 procedure 9.94A.7701, 9.94A.7702, 9.94A.7703 relief, hearing on and scope of 9.94A.7708 rules 9.94A.7704 sentences imposed before July 1, 1989 9.94A.771 service of order 9.94A.7707 Life sentences fixing of duration of confinement for person committed to mandatory life sentence by indeterminate sentence review board 9.95.116 persistent offenders 9.94A.505 conditions 9.94A.570 findings and intent 9.94A.555 offender notification and warning 9.94A.561 Maximum, court to fix 9A.20.020, 9A.20.021 Medical placement, when allowed 9.94A.728 Mental health or chemical dependency treatment notification requirements 9.94A.562, 9.94A.722, 9.94A.723, 9.95.143 Mental health services, information disclosure 9.94A.500 Mental incapacity, person under, sentencing of, not permitted 10.77.050 Mentally retarded persons death penalty, may not be sentenced to 10.95.030 Military court martial confinement 38.32.140 Minimum term conditions 9.94A.505 mandatory terms 9.94A.540 redetermination and refixing of 9.95.052 war emergency, reduction of minimum term during 9.95.055 Misdemeanant probationers assessment for cost of supervision 9.95.214 county supervision 9.95.204, 9.95.206 supervision standards 9.95.212 Mitigating circumstances 9.94A.535 Murder abuse victim found guilty of murder of abuser prior to July 23, 1989 petition to indeterminate sentence review board 9.95.045 resentencing to reduce sentence allowed 9.94A.890 review of inmate’s sentence by indeterminate sentence review board 9.95.047 aggravated first degree Ch. 10.95 first degree 9A.32.040 New trials conviction on new trial, former imprisonment deductible 9.95.063 Nonpersistent offenders 9.94A.507 Offender score 9.94A.525 Offender supervision assessments 9.94A.780 Offenders performing community restitution workers’ compensation and liability insurance coverage 35.21.209, 36.16.139 Offenders under supervision of department of corrections firearms, prohibition on ownership and possession of 9.94A.505 Overcrowded correctional facilities, emergency release legislature approval required 9.94A.870 sentencing guideline commission duties 9.94A.870 Pardon, authorized 9.94A.728 Partial confinement conditions and restrictions 9.94A.505, 9.94A.731 Penitentiary, indeterminate sentence to 9.95.010 Persistent offenders life sentence without parole upon third conviction findings and intent 9.94A.555 offender notification and warning 9.94A.561 life sentences conditions 9.94A.570 life without parole upon third conviction 9.94A.505 Placement of offender determination 70.48.400 Plea agreements court approval or disapproval 9.94A.431 criminal history, submission to court 9.94A.441 discussions, contents of agreement 9.94A.421 information for certain offenders, public records 9.94A.475 judicial recordkeeping requirements 9.94A.480 Police investigations 9.94A.411 Presentence procedures, risk assessments 9.94A.500, 9.94A.501 Presumptive sentencing range anticipatory offenses 9.94A.595 exceeding statutory maximum 9.94A.599 Prosecuting standards evidentiary sufficiency decisions to prosecute 9.94A.411 police investigation 9.94A.411 guidance purposes 9.94A.401 plea dispositions 9.94A.450 sentencing recommendations 9.94A.460 Ranges 9.94A.505 Recognizance to keep the peace breach of conditions 10.64.075 term of 10.64.070 Records information for certain offenders made public record 9.94A.475 judicial recordkeeping requirements 9.94A.480 Reformatory, indeterminate sentence to 9.95.010 Restitution 9.94A.505, 9.94A.750, 9.94A.753 unlawful receipt of public assistance 10.82.080 Risk assessments, risk categories 9.94A.501 Sanctions modification of sentence, noncompliance hearing 9.94A.6333 violation of condition or requirement 9.94A.633 where served 9.94A.6331 which entity imposes 9.94A.6332 Sentenced felon jail forecast office of financial management to prepare 10.98.140 Sentencing grid 9.94A.510 Sentencing grid, drug offenses 9.94A.517 Sentencing guidelines and prosecuting standards equal application 9.94A.340 timing of application 9.94A.345 Sentencing guidelines commission armed offenders 9.94A.470 established, powers, duties 9.94A.850 executive officer, employment, salary 9.94A.855 interdepartmental service 9.94A.855 juvenile disposition standards commission, assumption of powers and duties 9.94A.850 juvenile disposition standards commission, powers and duties transferred to sentencing guidelines commission 13.40.005 membership, terms, travel expenses, compensation 9.94A.860 recordkeeping responsibility 10.98.140 report equal application, no discrimination 9.94A.340 prosecuting standards guidance purposes 9.94A.401 plea dispositions 9.94A.450 sentencing recommendations 9.94A.460 [RCW Index—page 675] SENTENCING GUIDELINES COMMISSION seriousness level, determination of 9.94A.520 staff 9.94A.855 standards, ranges legislative approval of modifications 9.94A.865 recommendations 9.94A.850 Sentencing hearings 9.94A.500 Sentencing reform act Ch. 9.94A Seriousness level crimes included in each level 9.94A.515 determination of level 9.94A.520 drug offenses 9.94A.518 Sex offender policy board authority 9.94A.8675 duties 9.94A.8676 establishment 9.94A.8672 findings, intent 9.94A.8671 meeting attendance 9.94A.8678 membership 9.94A.8673 terms, vacancies 9.94A.8674 travel expenses 9.94A.8677 Sex offenders community protection zones preemption of local ordinance 9.94A.8445 end of sentence review 9.95.420 nonpersistent offenders 9.94A.507 postrelease arrest 9.95.430 postrelease transfer 9.95.435 postrelease violations 9.95.425 reinstatement of release 9.95.440 release from confinement discretionary decisions, immunity 9.94A.844 sentencing alternative 9.94A.670 special allegation 9.94A.835, 9.94A.836, 9.94A.837, 9.94A.838, 9.94A.839 treatment 9.94A.810, 9.94A.820 treatment programs 9.94A.505 Solitary confinement, limitation 10.64.060 Special allegation criminal street gang-related felony offense, involving minor in 9.94A.833 endangerment by eluding a police vehicle 9.94A.834 sex offense 9.94A.835, 9.94A.836, 9.94A.837, 9.94A.838, 9.94A.839 Standard sentence range 9.94A.530, 9.94A.533 Standards armed offenders 9.94A.470 Standards, ranges legislative approval of modifications 9.94A.865 sentencing guidelines commission duties 9.94A.850 Stay of execution of judgment, conditions of release 9.95.064 Stay of execution of judgment, when prohibited 9.95.062 Supervision and monitoring of offenders department of corrections powers and duties 9.94A.505 Suspended, termination date application 9.92.062 establishment 9.92.064 modification of terms 9.92.064 restoration of civil rights, application for 9.92.066 Suspending of abolished, exceptions 9.94A.575 power abolished, exceptions 9.94A.575 Suspending of sentences, conditions 9.92.060 Terms duration of confinement, procedures to fix 9.95.040 Terms and paroles, See PRISON TERMS AND PAROLES Three strikes persistent offender, definition 9.94A.030 purpose and procedures 9.94A.555, 9.94A.561, 9.94A.565 sentencing requirements 9.94A.505 Tolling of term of confinement 9.94A.171 [RCW Index—page 676] Traffic school of city or town and county, attendance at may be imposed in sentence 46.83.050 Training specialized training, department of corrections authorized to determine if inmate would benefit from participation in 9.94A.580 Two or more convictions or counts, concurrent or consecutive sentences 9.92.080 Victim convicted of murder of abuser reduction in sentence, notice 72.02.270 Victim impact statement court to consider at sentencing hearing 9.94A.500 Violation of condition or requirement arrest by community corrections officer 9.94A.631 sanctions 9.94A.633 Work crew participation conditions 9.94A.190, 9.94A.731 conditions for participation 9.94A.725 program requirements 9.94A.725 Work ethic camp program eligibility 9.94A.690 Work release violations 9.94A.731 SENTENCING GUIDELINES COMMISSION (See SENTENCES, subtitle Sentencing guidelines commission) SENTENCING REFORM ACT OF 1981 (See SENTENCES) SEPA (See ENVIRONMENT, subtitle State environmental policy) SEPARATE MAINTENANCE Support of dependent children appearance by department of social and health services as friend of court 74.20.220 application by attorney general for show cause order to provide support 74.20.220 modification of decree, appearance by department of social and health services on behalf of mother 74.20.220 SEPARATE PROPERTY (See COMMUNITY PROPERTY) SEPTIC TANKS Alternative disposal systems Ch. 70.118 Failing to fence or cover a public nuisance 7.48.140 Moratorium on installation, procedures and limitations 70.05.160 On-site sewage disposal systems Ch. 70.118 On-site sewage disposal systems, large Ch. 70.118B On-site sewage disposal systems, marine recovery areas Ch. 70.118A Wastewater treatment systems, designer licensing Ch. 18.210 SERIAL NUMBER Boats and vessels altered or removed number administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 disposition of seized or impounded vessels 46.12.320 release of impounded vehicles 46.12.340 seizure or impoundment, authorized 46.12.310 buying, selling or possession of with removed or defaced number, penalty 46.12.300 Campers altered or removed number assignment of new number 46.12.350 release of impounded vehicles 46.12.340 buying, selling, or possession of vehicle with defaced or removed number, penalty 46.12.300 Motor vehicles altered or removed number disposition of vehicles 46.12.320 seizure or impoundment, authorized 46.12.310 buying, selling, or possession of vehicle with defaced or removed number, penalty 46.12.300 Obscuring identity of a machine 9A.56.180 Vehicles altered or removed number administrative hearing and judicial review 46.12.330 assignment of new number 46.12.350 release of impounded vehicles 46.12.340 SERVANTS Business and occupation tax status 82.04.360 SERVICE CONTRACTS Consumer protection act, application 48.110.140 Definitions 48.110.020 Exemptions from Title 48 RCW 48.110.015 Form and contents 48.110.070 Investigations by insurance commissioner authorized 48.110.120 Providers annual report, filing 48.110.040 denial, suspension, or revocation of registration 48.110.130 false or misleading statements 48.110.080 name restrictions 48.110.080 recordkeeping requirements 48.110.090 registration 48.110.030 required procedures 48.110.050 Reimbursement insurance policies requirements 48.110.060 service contract provider as agent of insurer 48.110.110 termination 48.110.100 SERVICE OF PROCESS AND PAPERS Alien property custodian, notice to of actions affecting aliens 4.28.330, 4.28.340, 4.28.350 Arbitration of labor disputes 49.08.030 Certiorari proceedings return of writ 7.16.110 service of writ 7.16.100 Charitable solicitation persons or organizations 19.09.305 Child, death or injury, upon other parent 4.24.010 Complaints actions against state 4.92.020 district court proceedings 12.04.040, 12.04.050 Corporations alcoholic beverage actions and prosecutions 66.44.080 criminal actions 10.01.070 domestic corporation without officer in state 4.28.090 eminent domain 8.20.020 foreign nonprofit miscellaneous and mutual corporations secretary of state 24.06.395 foreign corporations registered agent, agent for service of process 23B.15.100 secretary of state, agent in absence of registered agent 23B.15.100 generally, See CORPORATIONS, subtitle Service of process and papers nonprofit corporations 24.03.060 personal service 4.28.080 registered agent, agent for service of process 23B.05.040 secretary of state, agent in absence of registered agent 23B.05.040 summons, service of 4.28.080 Creditors, service of process by publication, when 4.28.100 Declaratory judgments 7.25.010 Diking districts intercounty districts, service of notice 85.24.290 petitions for improvement (2008 Ed.) SERVICE OF PROCESS AND PAPERS fees for 85.05.400 generally 85.05.110 District judges complaint and notice 12.04.040, 12.04.050 fees, indorsement on return 12.04.070 proof of service how made 12.04.090 publication, by 12.04.110 written admission, by 12.04.120 publication, by form of 12.04.100 how made 12.04.100 proof of service, how made 12.04.110 when proper 12.04.100 return of 12.04.070 false or failure, civil penalty 12.04.190 summons 12.04.020, 12.04.050 who may serve 12.04.060, 12.04.080 writ of attachment, service of 12.04.050 Ditches and drains, private condemnation for 85.28.060 Divorce, right to appear, defend or reopen 4.28.200 Domestic relations protection orders service by publication 10.14.085 Domestic violence protection orders 10.14.070 service by publication issuance of order if respondent fails to appear at hearing 10.14.105 payment of costs 10.14.125 Drainage districts fees for service of 85.06.370 intercounty districts, service of notice 85.24.290 Ejectment and quieting title actions absent defendant 7.28.010 concealed defendants 7.28.010 defendant cannot be found within state 7.28.010 nonresident defendant 7.28.010 order for survey of property 7.28.210 publication, by 7.28.010 Eminent domain by city or town petition for condemnation 8.12.070 service when school, state, or county lands involved 8.12.080 Eminent domain by corporation 8.20.020 Eminent domain by school district petition, notice of 8.16.030 Eminent domain by state notice requirements 8.04.020 Employees, contributions to benefit plans, claim 60.76.030 Execution, writ of 6.17.130 Execution sale, redemption from, demand for rents, profits and expenses, copy 6.23.090 Expense of cost bill may include amount chargeable by other than public officer serving 4.84.090 disbursement, as 4.84.090 Fees amount chargeable by other than public officers serving 4.84.090 cost bill may include 4.84.090 disbursement, as 4.84.090 district court civil proceedings indorsement on 12.04.070 sheriffs 36.18.040 Flammable fabrics, children’s sleepwear 70.110.080 Forcible entry and detainer complaint 59.12.070 notice 59.12.040 summons 59.12.080 writ of restitution 59.12.100 Foreclosure service by publication, when 4.28.100 summons local improvement districts 35.50.225 Franchises, earnings, property of certain companies, laborers’ lien on 60.32.030 Geothermal resources, owner or operator, designation of resident agent 78.60.170 (2008 Ed.) Habeas corpus 7.36.240 person not found or refuses admittance to sheriff 7.36.080 process 7.36.240 return attachment for refusal 7.36.090 contents 7.36.100 required 7.36.090 verification of 7.36.100 writ directed to other than sheriff 7.36.070 Harassment, civil protection proceedings 10.14.070 service by publication 10.14.085 issuance of order if respondent fails to appear at hearing 10.14.105 payment of costs 10.14.125 Homesteads proof of service of application of homestead appraisal 6.13.130 Injunctions contempt for disobedience 7.40.150 order of injunction 7.40.100 Insurance, See INSURANCE, subtitle Service of process Insurance commissioner foreign or alien insurers, acting as attorney, service on commissioner 48.05.200 surplus line brokers 48.15.150 Insurance companies foreign or alien insurers 48.05.215 surplus lines, authority 48.15.150 Irrigation districts, dissolution of insolvent district 87.56.040 Juvenile court proceedings, summons 13.34.080 Landlord and tenant alternatives to personal service 59.18.055 rent default proceedings 59.08.040 residential property 59.18.060 Legal holidays, issuance of certain process or subpoenas 2.28.100 Legislative hearings and inquiries 44.16.020 Liens, employees, contributions to benefit plans, claim 60.76.020 Mortgages, by publication, when 4.28.100 Motor vehicle accident or violation by nonresident, service on secretary of state 46.64.040 Municipal courts 3.50.425 Ne exeat, order of arrest and bail 7.44.021 New trial notice of petition for new trial where discovery of grounds after verdict, report of decision 4.76.080 Nonadmitted foreign organizations secretary of state, agent for service 23B.18.040 procedure 23B.18.050 Nonresidents ejectment and quieting title actions 7.28.010 executor or administrator, nonresident serving as, service of papers upon 11.36.010 personal, vehicle unfair practices 46.70.250 personal representative, nonresident serving as, probate 11.36.010 savings and loan associations 33.32.050 Nonresidents and former residents of state service on when action arising out of motor vehicle operation in state 46.64.040 Notices application, effect 7.40.130 trial 4.44.020 issues of fact 4.44.020 issues of law 4.44.020 Order of injunction, unnecessary, when 7.40.130 Out-of-state parties 4.28.180 acts submitting person to state jurisdiction 4.28.185 acts submitting to state jurisdiction 4.28.180 personal service or by publication 4.28.180 Partition proceedings notice, publication, by 7.52.050 notice to judgment creditors proof of service 7.52.190 sale of property 7.52.180 notice to lien creditor on sale of property 7.52.200 publication, by, notice 7.52.050 Personal service generally 4.28.080 unfair vehicle business practices act 46.70.250 Probate proceedings appointment of personal representative and notice of pendency of probate 11.28.237 final report and petition for distribution 11.76.040 Process servers registration 36.22.210 Process servers, registration and regulation Ch. 18.180 Proof of service district judges 12.04.090, 12.04.110, 12.04.120 Publication, service by district court civil proceedings for 12.04.100 partition proceedings, notice 7.52.050 right to appear, defend and reopen 4.28.200 summons 85.28.080 contents 4.28.110 form of 4.28.110 out-of-state parties, acts submitting to state jurisdiction 4.28.180 right to appear, defend or reopen 4.28.200 when authorized 4.28.100 unknown heirs 4.28.140 Quo warranto proceedings, notices 7.56.050 Railroad crossing regulations 81.53.160 Reciprocal insurers 48.10.170 Registration of land titles 65.12.135, 65.12.140 Rent default proceedings 59.08.040 Secretary of state domestic corporation without officer in state upon whom process can be served 4.28.090 motor vehicle accident or liability by nonresident, service on secretary of state 46.64.040 Securities act, consent to service of process 21.20.330 Sheriff disqualified, procedure 36.28.090 fees 36.18.040 retiring, procedure 36.28.120, 36.28.130 State, actions against 4.92.020 Subpoenas witness, how and by whom served 10.52.040 Subpoenas, See also SUBPOENAS Summons 4.28.110 actions against state 4.92.020 district judges 12.04.020, 12.04.050 domestic corporation without officer in state 4.28.090 foreclosure local improvement districts 35.50.225 joint debtors, against after judgment 4.68.010, 4.68.020 affidavit to accompany 4.68.030 out-of-state parties, acts submitting to state jurisdiction 4.28.180 personal service 4.28.080, 4.28.090 publication, by 4.28.100 contents 4.28.110 form of 4.28.110 manner of publication 4.28.110 right to appear, defend or reopen 4.28.200 unknown heirs 4.28.140, 4.28.150 when authorized 4.28.100 Sunday issuance and service 7.36.230 Supplemental proceedings joint debtors 6.32.210 orders 6.32.130 third parties, to 6.32.030 warrant of arrest 6.32.140 Surplus line insurance, authority 48.15.150 Unemployment compensation, fees 50.12.170 Unknown heirs, against, service by publication 4.28.140, 4.28.150 [RCW Index—page 677] SERVICE PROVIDER AGREEMENTS—WATER QUALITY Utilities and transportation commission 80.04.060, 80.04.075, 81.04.060, 81.04.075 Vacate or modify judgments or orders of superior court, motion for 4.72.020 Vehicle unfair practices act, personal service 46.70.250 Warrants of arrest how made 10.31.030, 10.31.060 Witnesses, uniform act to secure attendance of witnesses from without a state in criminal proceedings 10.55.020 Writs of mandamus 7.16.270 Writs of prohibition 7.16.320 SERVICE PROVIDER AGREEMENTS— WATER QUALITY Additional method 70.150.070 Bid requirements of cities and towns inapplicable 35.23.351, 35.94.050 Contents, funds 70.150.030 Counties competitive bid requirements inapplicable 36.32.265 County lease statutes inapplicable 36.34.192 Definitions 70.150.020 Grants or loans, eligibility 70.150.060 Legislative intent 70.150.010 Prevailing wages, public contract statutes 70.150.080 Procedural requirements 70.150.040 Public utility district bid laws inapplicable 54.04.092 Public works applicability 35.22.625 Public works statute is inapplicable 39.04.175 Sale, lease, or assignment of public property 70.150.050 Water quality account funds authorized for service provider agreements 70.146.030 Water-sewer districts, application of bid laws 57.08.017 SERVICE STATIONS Franchises Ch. 19.120 Fuel prices, advertising 9.04.090 Gasoline, retailer and refiner-supplier relationship Ch. 19.120 Invoices required for gas station deliveries 19.94.507 Natural gas, compressed motor vehicle refueling stations declaration of public interest 80.28.280 identification of barriers to development 80.28.290 Oxygenated petroleum products label or notice requirements 19.94.505 Refueling services for disabled drivers 49.60.360 SERVICES FOR THE BLIND, DEPARTMENT OF (See also BLIND) Administrative hearing, appeal of decision 74.18.120 Blind children and their families services offered 74.18.190 Business enterprises program definitions 74.18.200 purposes 74.18.210 vending facilities in public buildings, operator licenses 74.18.220 Business enterprises revolving account 74.18.230 Created 74.18.030 Definitions 74.18.020 Director appointment 74.18.040 exempt positions 74.18.050 personnel appointment 74.18.050 salary 74.18.040 Exempt positions 74.18.050 Gifts, grants, and bequests may be received 74.18.110 Habilitation facilities authorized 74.18.170 Independent living, services for 74.18.180 Legislative intent 74.18.010 Personnel appointment 74.18.050 Powers and duties 74.18.060 [RCW Index—page 678] Rehabilitation council for the blind consult 74.18.100 Rehabilitation facilities authorized 74.18.170 Vocational rehabilitation eligibility 74.18.130 grants of equipment and material 74.18.150 services 74.18.140 SESSION LAWS Amendment, set forth in full Const. Art. 2 § 37 Chapter numbers 44.20.020 Citation of 44.20.020 Corrections of clerical errors and punctuation permitted, procedure 44.20.060 Delivery to statute law committee 40.04.030 Distribution, sale, exchange 40.04.031 May become law, how Const. Art. 2 § 41 Presentation to governor necessary Const. Art. 3 § 12 Preservation and destruction Ch. 40.14 Printing duties of public printer 43.78.030 specifications 43.78.080 Private publication prohibited 44.20.080 Publication contents included 44.20.050 corrections of clerical errors and punctuation permitted, procedure 44.20.060 number of copies 44.20.050 private publication prohibited 44.20.080 Separate copies available 44.20.030 Statute law committee, receipt of copies and certification from secretary of state 44.20.020 Style, enacting clause Const. Art. 2 § 18 Temporary edition publication 44.20.030 Veto, passage over Const. Art. 3 § 12 When effective without approval Const. Art. 3 § 12 SESSIONS Legislature, See LEGISLATURE Superior courts, See SUPERIOR COURTS Supreme court, See SUPREME COURT SETOFFS (See also COUNTERCLAIMS) Assigned choses in action 4.08.080 Beneficiary of trust estate, against 4.32.120 Contracts, actions on 4.32.120 Defendant executors and administrators, by 4.32.140 Defendants, judgment for balance due from plaintiff 4.56.070, 4.56.075 Dismissal barred if defendant seeks setoff or counterclaim 4.56.120 Ejectment and quieting title actions, counterclaims for permanent improvements and taxes paid 7.28.180 Equal to plaintiff’s demand, judgment 4.56.060 Executors and administrators, against, effect of judgment against plaintiff 4.56.050 Greater than plaintiff’s demand and district court jurisdiction, effect 12.20.050 Insurance 48.31.290 Jury to assess amount of recovery 4.44.450 Less than plaintiff’s demand, judgment 4.56.060 Nonsuit setoff or counterclaim bars motion to dismiss action by plaintiff 4.56.120 Plaintiff executors and administrators, against 4.32.130 Pleading of 4.32.150 district court civil procedure 12.08.120 Real party in interest, against 4.32.120 Reply to, district court civil procedure 12.08.020 Supplemental proceedings, costs allowed to debtor 6.32.170 SETTLERS Unsurveyed public lands, protection of possession 64.12.060 SEVERAL LIABILITY (See LIABILITY) SEWAGE Boat sewage pumpout or dump units, location and installation 79A.60.530, 79A.60.540, 79A.60.550 Boater environmental education and boat waste management program 79A.60.560, 79A.60.570 Greywater use Ch. 90.46 On-site sewage disposal systems additives 70.118.060, 70.118.070, 70.118.080 alternative systems 70.118.100, 70.118.110 civil penalties 70.118.130 definitions 70.118.020 funding 70.118.090 inspectors, certification 70.118.120 legislative declaration 70.118.010 local boards of health 70.118.030, 70.118.040 local health officer’s authority to waive requirements 70.05.072, 70.05.077 more restrictive standards, adoption 70.118.050 permits 70.05.074 proximity to marine waters 90.48.264 repair and replacement loan and grant programs 90.48.595 shellfish grant program 77.60.170 On-site sewage disposal systems, large authority, duties 70.118B.070 comprehensive regulation, department duties 70.118B.020 definitions 70.118B.010 findings 70.118B.005 injunctions 70.118B.060 operating permits 70.118B.030 rules 70.118B.040 violations, civil penalties 70.118B.050 On-site sewage disposal systems, marine recovery areas definitions 70.118A.020 department and local health jurisdictions, contract 70.118A.080 legislative findings 70.118A.010 local health officers determination of areas 70.118A.040 duties, electronic data systems 70.118A.060 management plans 70.118A.030, 70.118A.070 strategy 70.118A.050 supplement to chapter 70.118 RCW 70.118A.090 Reclaimed water use Ch. 90.46 Treatment facilities construction and upgrading, water pollution control standards 90.48.490 Wastewater use, See WASTEWATER Water pollution control sewage drainage basins 90.48.270, 90.48.280 SEWER DISTRICTS (See also SEWERAGE, WATER AND DRAINAGE SYSTEMS— COUNTIES; WATER-SEWER DISTRICTS) Bankruptcy readjustment and relief from debts Ch. 39.64 Bond issues refunding bonds, bankruptcy readjustment and relief from debts Ch. 39.64 Charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 Fiscal matters indebtedness bankruptcy readjustment and relief from debts Ch. 39.64 Improvement districts budget adoption methods 85.08.565 election of supervisors 85.08.305 general authority 85.08.015 powers 85.08.905 Insurance (2008 Ed.) SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Municipal water and sewer facilities act Ch. 35.91 Short-term obligations Ch. 39.50 Special districts comprehensive flood control management plan arbitration of disputed issues 86.12.210 local officials, participation of 86.12.210 Storm water control facilities assessments, rates, and charges 90.03.500, 90.03.510, 90.03.520, 90.03.525 Taxing district relief act Ch. 39.64 Underground utilities, location, damage Ch. 19.122 SEWERAGE, WATER AND DRAINAGE SYSTEMS—COUNTIES Adoption of rules and regulations, board of county commissioners 36.94.130 Adoption of sewerage and/or water general plan as element of comprehensive plan 36.94.030 Annexation, transfer of system upon annexation of area 36.94.180 Appellate review 36.94.290 Assessments conclusiveness of roll when approved 36.94.280 notice of filing roll, protests 36.94.250 segregation of special assessments, fee costs 36.94.300 Board of county commissioners adoption, amendment or rejection of general plan 36.94.090 adoption of rules and regulations 36.94.130 filing general plan 36.94.080 hearing by the board on general plan 36.94.080 Bonds county authorized to issue general obligation, revenue, improvement district bonds 36.94.200 guaranty fund bondholders’ remedies, money transfers 36.94.400 establishment, delinquencies 36.94.380 subrogation, interest, foreclosure purchases 36.94.390 revenue and general obligation bonds, pledge for payment of principal and interest on 36.94.210 Cities and towns, principal authority for construction, operation and maintenance of a system lies with the municipal corporation 36.94.170 Compensation of members 36.94.060 Comprehensive plan adoption of sewerage and/or water general plan 36.94.030 incorporation of provisions in general plan 36.94.040 Conclusiveness of assessment roll when approved 36.94.280 Contracts with other entities 36.94.190 County legislative authority rates and charges, fixing of, factors to be considered 36.94.140 Definitions 36.94.010 Department for administration of system establishment of 36.94.120 personnel merit system, exceptions 36.94.120 Enlarged local district may be formed 36.94.270 Federal government, contracts with other entities 36.94.190 General plan or amendments adherence to plan 36.94.110 adoption 36.94.030, 36.94.090 amendment 36.94.090 approval by certain state departments 36.94.100 element of comprehensive plan 36.94.030 (2008 Ed.) filing 36.94.080 hearing by board of county commissioners 36.94.080 incorporation of provisions of comprehensive plan in 36.94.040 notice 36.94.080 rejection of plan 36.94.090 review of plan or amendments by review committee, report 36.94.070 state departments, submission of plan 36.94.100 submission of plan or amendments to certain state departments 36.94.100 to review committee 36.94.050 Incorporation, transfer of system upon incorporation of area 36.94.180 Indebtedness bonds, general obligation, revenue, improvement district 36.94.200 revenue and general obligation bonds, pledge for payment of principal and interest on 36.94.210 Local improvement districts appellate review 36.94.290 assessment roll 36.94.240 assessments decrease if other funds become available 36.94.280 conclusiveness of assessment roll when approved 36.94.280 divestment of power to order, time limitation 36.94.240 enlarged local district may be formed 36.94.270 establishment for 36.94.220 guaranty fund bondholders’ remedies, money transfers 36.94.400 establishment, delinquencies 36.94.380 subrogation, interest, foreclosure purchases 36.94.390 hearing on protests, appeal 36.94.260 initiation of district divestment of power to order, time limitation 36.94.240 hearing 36.94.230 improvement ordered 36.94.240 petition method filing petition 36.94.230 notice to property owners, contents 36.94.230 petition, contents 36.94.230 publication 36.94.230 resolution of intention by county commissioners 36.94.230 resolution method notice to property owners, contents 36.94.230 publication 36.94.230 resolution of intention 36.94.230 initiation of districts notice to contain statement that assessments may vary from estimates 36.94.232 notice of filing roll, protests 36.94.250 segregation of special assessments, fees, costs 36.94.300 special assessments for 36.94.220 Local improvement guaranty fund 36.94.380, 36.94.390, 36.94.400 Low income persons, connection charges, waiver 36.94.370 Low-income persons, assistance 36.94.140 Moratorium on hookups, procedures and limitations 70.05.160 Municipal corporations primary authority for construction and operation of systems lies with the municipal corporation 36.94.170 transfer of systems to counties assumption of indebtedness 36.94.320 court approval of transfer 36.94.340 deemed alternative method 36.94.360 dissolution of municipal corporation 36.94.350 transfer agreement 36.94.330 transfer of systems to counties authorized 36.94.310 Officers, review committee 36.94.060 Personnel merit system, department for administration of system, exceptions 36.94.120 Powers 36.94.020 Purpose 36.94.020 Rates and charges fixing 36.94.140 lien for delinquent charges 36.94.150 Revenue, tax on gross revenues authorized 36.94.160 Review committee chairman 36.94.060 compensation of members 36.94.060 composition 36.94.050 general plan, report 36.94.070 officers 36.94.060 quorum 36.94.060 rules 36.94.060 secretary 36.94.060 submission of general plan or amendment 36.94.050 time limitation for review 36.94.070 Rules, review committee 36.94.060 Rules and regulations, adoption of board of county commissioners 36.94.130 State of Washington, contracts with other entities 36.94.190 Tap-in, connection, hookup fees, charges, waiver, low income persons 36.94.370 Tax, gross revenues, on, authorized 36.94.160 Taxation, tax on gross revenues authorized 36.94.160 Transfer of system upon annexation of area 36.94.180 incorporation of area 36.94.180 Underground utilities, location, damage Ch. 19.122 Utility local improvement districts assessment role 36.94.240 assessments, hearing on protests, order, appeal 36.94.260 conclusiveness of assessment roll when approved 36.94.280 divestment of power to order, time limitation 36.94.240 enlarged local district may be formed 36.94.270 establishment for 36.94.220 guaranty fund bondholders’ remedies, money transfers 36.94.400 establishment, delinquencies 36.94.380 subrogation, interest, foreclosure purchases 36.94.390 hearing on protests, appeal 36.94.260 initiation of district divestment of power to order, time limitation 36.94.240 hearing 36.94.230 improvement ordered 36.94.240 notice to contain statement that assessments may vary from estimates 36.94.232 petition method filing petition 36.94.230 notice to property owners, contents 36.94.230 petition, contents 36.94.230 publication 36.94.230 resolution of intention by county commissioners 36.94.230 resolution method notice to property owners, contents 36.94.230 [RCW Index—page 679] SEWERAGE IMPROVEMENT DISTRICTS publication 36.94.230 resolution of intention 36.94.230 notice of filing roll, protests 36.94.250 segregation of special assessments, fees, costs 36.94.300 special assessments for 36.94.220 SEWERAGE IMPROVEMENT DISTRICTS (See WATER-SEWER DISTRICTS) SEWERAGE SYSTEMS (See also DIKING AND DRAINAGE, subtitle Improvement districts; WATER-SEWER DISTRICTS) Adoption of by cities and towns ordinance 35.67.030 plan for 35.67.030 Aquifer protection areas fee revenues, use of 36.36.040 fees for withdrawal of water or sewage disposal 36.36.030 Authority to provide for 35.21.210 Bond issues general obligation bonds payment 35.67.110 pledge of revenue 35.67.110 tax levy for 35.67.110 revenue issuance authority 35.67.140 payment from special fund 35.67.160 remedy of owners 35.67.180 sale of 35.67.170 signatures and form 35.67.150 terms 35.67.140 validation of prior issues 35.67.194 Charges, construction costs notice, recording 65.08.170 payment, release 65.08.170 Cities and towns authority for 35.43.040 Canadian corporations, contracts with 35.92.410 power to contract debt for Const. Art. 8 § 6 Classification of services and facilities for rates 35.92.020 Combined systems of sewerage, water, and garbage systems authority for 35.67.331 statutes to govern 35.67.340 Connections charges for 35.92.025 payment prior to 35.91.040 unauthorized 35.91.040 Construction along county roads by property owners 35.91.020 authority for 35.67.020 by owners of real estate 35.91.020 Construction and maintenance of, power to compel connections with 35.27.370 Contract with owners of real estate 35.91.020 Contracting with other municipalities or watersewer districts 35.67.300 Cost, owner’s pro rata share 35.91.040 Definitions 35.67.010 Discharge into streams, certain cities prohibited 35.88.080 Funds power of cities to contract debts for Const. Art. 8 § 6 Funds, See also SEWERAGE SYSTEMS, subtitle Revenue bond fund General obligation bonds 35.67.065 Investigation by secretary of social and health services 35.88.090 Irrigation districts proposal notice 87.03.487 Irrigation districts, sanitary sewers or sewage disposal or treatment plants 87.03.015, 87.03.120, 87.03.125 Joint agreements with other municipalities or water-sewer districts 35.67.300 Liens authority for 35.67.200 [RCW Index—page 680] delinquent charges, extension of coverage 35.67.215 delinquent charges, extent of coverage 35.67.210 enforcement, alternative method to foreclosure 35.67.290 foreclosure of limitation of actions 35.67.230 necessary parties 35.67.220 procedure 35.67.240 property acquired at disposition by city 35.67.270 payment of taxes by city 35.67.280 redemption 35.67.260 trial 35.67.250 notice of 35.67.210 water service cut-off, alternative method of enforcement 35.67.290 Local improvement, authority for 35.43.040 Local utility districts proposal procedure 54.16.145 Municipal water and sewer facilities act Ch. 35.91 Plans adoption by ordinance 35.67.030 submission to department of ecology, exceptions 90.48.110 Property acquired at sewerage sale disposition by city 35.67.270 payment of taxes by city 35.67.280 Public nuisances concerning 7.48.140 Public utility districts disposal facilities, septic tanks, and wastewater facilities districts authorized to perform 54.16.310 Rates and charges for, uniformity 35.67.020 Reclaimed water use 90.48.112 Revenue bond fund authority to establish 35.67.120 limitations 35.67.130 payment out of 35.67.160 Second class cities, general systems 35.23.440 Secretary of social and health services, investigation by 35.88.090 Service and facilities classification 35.67.020 Sewage treatment facilities construction and upgrading, water pollution control standards 90.48.490 Sewer connections charges for 35.92.025 covenants running with the land 35.67.310 Sewer overflows reduction, plans and compliance 90.48.480 State board of health, powers as to 43.20.050 outside city 35.67.310 without permission, penalty 35.67.350, 35.91.040 Taxation, payment for general obligation bonds 35.67.110 Transfer of systems to counties assumption of indebtedness 36.94.320 authorized 36.94.310 court approval of transfer 36.94.340 deemed alternative method 36.94.360 dissolution of municipal corporation 36.94.350 transfer agreement 36.94.330 Unclassified cities 35.30.010 Underground utilities, location, damage Ch. 19.122 Waste disposal facilities bond issue Ch. 43.83A, Ch. 43.99F Water conservation 35.67.020 planning considerations 90.48.495 Water pollution control Ch. 90.48 Water service cut-off, method of lien enforcement 35.67.290 Waterworks sewerage system made part of statutes to govern 35.67.340 SEX (See GENDER) SEX OFFENDER THERAPISTS Certification affiliate, requirements 18.155.075 certificate required 18.155.030 requirements 18.155.070 Definitions 18.155.020 Juvenile certification, requirements and exceptions 13.40.160 Secretary of health, authority to regulate 18.155.040 Sexual offender treatment providers advisory committee immunity from liability 18.155.060 membership and duties 18.155.050 Standards and procedures 18.155.080 Uniform disciplinary act, application 18.155.090 SEX OFFENDERS Appeals not to stay execution of judgment, when 9.95.062 Community custody violations of conditions 9.94A.737 Defendants detention pending sentencing 10.64.025 End-of-sentence review committee release of information 72.09.345 Juvenile admissibility of child’s statement regarding acts or attempted acts of sexual contact 9A.44.120 at-risk juvenile sex offenders expenditure of funds for treatment of sexually aggressive youth 74.13.075 release of information concerning authorization 13.40.217 sex offender therapist for, certification requirements and exceptions 13.40.160 sexual motivation special allegation 13.40.135 sexually aggressive youth investigation and referral 26.44.160 special disposition alternative 13.40.160 termination of duty to register, petition to superior court 9A.44.140 Mental illness information release 71.05.427 release, transfer, or escape, notice requirements 71.05.425 sexual psychopaths Ch. 71.06 sexually violent predators Ch. 71.09 Model policy work group 4.24.5501 Registration of address verification 9A.44.135 central registry reimbursement to counties for processing costs 43.43.540 deadlines for registration by offender 9A.44.130 local law enforcement agency may require 43.43.745 notice of requirements to persons applying for or renewing driver’s license or identicard 46.20.187 notice to defendant 10.01.200 notice to jail inmates and sheriffs of counties in which they will reside 70.48.470 notice to person convicted of sex offense at release 72.09.330 notification of offenders of changed requirements 9A.44.145 procedures and penalties 9A.44.130 termination of duty to register 9A.44.140 Release from confinement discretionary decision, immunity 9.94A.844 notice to prosecuting attorney 9.94A.840 policy for release plan evaluation and approval 72.09.340 Release of information regarding authorization, procedures 72.09.345 department of corrections 9.94A.843, 9.94A.846 indeterminate sentence review board 9.95.140 (2008 Ed.) SHELTER CARE not restricted by pending appeal, petition, or writ 4.24.555 public agencies and officials authorization and immunity 4.24.550 Risk assessment consistent approach to risk level classification 4.24.5502 School employment prohibited for person convicted of felony offense against child 9.96A.020 Sentences community protection zones preemption of local ordinance 9.94A.8445 end of sentence review 9.95.420 generally 9.94A.505 postrelease arrest 9.95.430 postrelease transfer 9.95.435 postrelease violations 9.95.425 reinstatement of release 9.95.440 special allegation 9.94A.835, 9.94A.836, 9.94A.837, 9.94A.838, 9.94A.839 Sex offender policy board authority 9.94A.8675 duties 9.94A.8676 establishment 9.94A.8672 findings, intent 9.94A.8671 meeting attendance 9.94A.8678 membership 9.94A.8673 repeal 43.131.412 termination 43.131.411 terms, vacancies 9.94A.8674 travel expenses 9.94A.8677 Sex offender therapists Ch. 18.155 Sexual assault protection orders Ch. 7.90 Sexual psychopaths Ch. 71.06 Sexual psychopaths, See also MENTAL ILLNESS, subtitle Sexual psychopaths Sexually violent predators Ch. 71.09 escape 9A.76.115 Sexually violent predators, See also MENTAL ILLNESS, subtitle Sexually violent predators Treatment 9.94A.810, 9.94A.820 SEX OFFENSES Abuse or assault of a child admissibility of child’s statement 9A.44.120 dependency record information, state patrol duties 43.43.705 identity of victim not to be disclosed 10.52.100 information deemed confidential 10.97.130, 13.50.050 investigation 26.44.180, 26.44.185, 26.44.190 perpetrator, arrest without warrant, circumstances 26.44.130 perpetrator, right to review and amendment of finding 26.44.125 perpetrator visitation rights, temporary restraining order to restrict 26.44.150 recovery actions, statute of limitations 4.16.340 reporting 26.44.030, 26.44.040 temporary restraining order or preliminary injunction 26.44.063, 26.44.067 treatment for abuser 26.44.140 Assault program Ch. 70.125 Child sexual abuse investigator training 43.101.224 Criminal trespass against children covered entities 9A.44.193 definitions 9A.44.190 Custodial agencies, sexual misconduct by state employees or contractors 13.40.570 Custodial sexual misconduct 9A.44.160, 9A.44.170, 9A.44.180 Explicit material, unlawful display of 9.68.130 Generally Ch. 9A.44 Human remains, sexual violation 9A.44.105 Investigation and prosecution training 43.101.270 Misconduct with a minor first degree 9A.44.093 (2008 Ed.) second degree 9A.44.096 Molestation of a child first degree 9A.44.083 second degree 9A.44.086 third degree 9A.44.089 Sexual assault protection orders Ch. 7.90 Sexual exploitation of children attorney fees and costs recovery by minor prevailing in a civil action 9.68A.130 commercial sexual abuse of a minor 9.68A.100, 9.68A.101, 9.68A.102, 9.68A.103 communication with a minor for immoral purposes 9.68A.090 defenses 9.68A.110 definitions 9.68A.011, 26.44.020 felony, elements of crime 9.68A.040 legislative findings, intent 9.68A.001 live performance minor may not be on premises, penalty 9.68A.150 photographs of sexually explicit conduct dealing in 9.68A.050 interstate distribution 9.68A.060 possession 9.68A.070 reporting 9.68A.080 seizure and forfeiture 9.68A.120 witnesses duty to report attempts and offenses 9.69.100 Trafficking 9A.40.100 Victims address confidentiality program Ch. 40.24 Voyeurism class C felony 9A.44.115 Vulnerable adults protective services Ch. 74.34 Witnesses child witness, testimony by closed circuit television 9A.44.150 duty to report attempts and offenses 9.69.100 SEXUAL ASSAULT, VICTIMS OF (See VICTIMS OF CRIMES— COMPENSATION, ASSISTANCE, subtitle Sexual assault) SEXUAL EQUALITY Colleges and universities gender-based discrimination Ch. 28B.110 Intercollegiate athletics, gender equity goals 28B.15.455 reports to governor and legislature 28B.15.465 tuition and fee waivers 28B.15.460 underrepresented gender class, defined 28B.15.470 Legislature to enforce Const. Art. 31 § 2 Not denied or abridged Const. Art. 31 § 1 Public schools administration of chapter by superintendent of public instruction 28A.640.030 civil relief for violations 28A.640.040 construction of chapter 28A.640.900 discrimination prohibited 28A.640.010 enforcement of chapter by superintendent of public instruction 28A.640.050 guidelines and regulations to eliminate discrimination scope 28A.640.020 prohibition against discrimination 28A.640.010 purpose 28A.640.010 regulations and guidelines to eliminate discrimination scope 28A.640.020 sexual harassment policies 28A.640.020 superintendent of public instruction administration of chapter 28A.640.030 enforcement of chapter 28A.640.050 violations, civil remedy for 28A.640.040 SEXUAL EXPLOITATION OF CHILDREN (See SEX OFFENSES, subtitle Sexual exploitation of children) SEXUAL INTERCOURSE Sexual abstinence and delay of sexual activity campaigns 70.190.085 When unlawful 70.24.140 SEXUAL ORIENTATION Malicious harassment definition and criminal penalties 9A.36.080 legislative finding 9A.36.078 SEXUALLY TRANSMITTED DISEASES AIDS, See AIDS Definitions 70.24.017 Detention 70.24.034, 70.24.070 Detention and treatment facilities, designation 70.24.070 Diagnosis requires confirmation by laboratory 70.24.050 Disclosure of testing or treatment 70.24.105, 70.24.107, 70.24.450 Health, department of assumption of powers and duties of department and secretary of social and health services and of department of licensing under chapter 70.24.005 HIV, See AIDS Information, emphasis on abstinence 70.24.200 Interviews, exams, counseling 70.24.022, 70.24.024 Investigation of infected persons 70.24.022, 70.24.024 Legislative finding 70.24.015 Minors, treatment, consent, payment 70.24.110 Penalties for violations 70.24.080 Pregnant women, test for syphilis 70.24.090, 70.24.100 Public employees immunity, good faith performance 70.24.150 Reporting requirements, rules 70.24.125 Right of action by persons aggrieved by violations 70.24.084 Rules to implement and enforce chapter 70.24.130 School information, emphasis 70.24.210, 70.24.220 Sexual intercourse, when unlawful 70.24.140 Syphilis, test of pregnant women for 70.24.090, 70.24.100 Venipuncture, case workers authorized to perform 70.24.120 Victims of sexual offenses disclosure of HIV test results to 70.24.105 SHARED WORK COMPENSATION PLANS (See UNEMPLOYMENT COMPENSATION, subtitle Shared work compensation plans) SHAREHOLDERS (See CORPORATIONS, subtitle Shareholders) SHARES (See CORPORATIONS, subtitle Shares; STOCK TRANSFER; STOCKS AND SHARES) SHEEP (See LIVESTOCK) SHELLFISH (See FISH AND FISHING) SHELTER CARE Custodial interference dependent children 13.34.055 Domestic violence inform victims of availability 10.99.030 Domestic violence, See also DOMESTIC VIOLENCE Juveniles case conference, service agreement 13.34.067 continuing need or release 13.34.065, 13.34.069 court procedures 13.34.060 custody by law enforcement officer 13.34.055 notice of custody and rights 13.34.062 rights of parties 13.34.092 [RCW Index—page 681] SHELTERED WORKSHOPS SHELTERED WORKSHOPS Purchase of products and services from authorized, fair market price 39.23.020 legislative intent 39.23.005 municipalities authorized, fair market price 39.23.020 defined 39.23.010 programs of the department of social and health services, defined 39.23.010 sheltered workshops, defined 39.23.010 Tax exemption 82.04.385 SHERIFFS (See also LAW ENFORCEMENT OFFICERS) Abatement of certain structures, signs or devices on city streets, county roads or state highways as public nuisances, sheriff’s duties relating to 47.36.180 Abating as public nuisance signs erected or maintained contrary to highway advertising control act of 1961, sheriff’s duties relating to 47.42.080 Abuse of children, reporting Ch. 26.44 Accountability for fees and moneys Const. Art. 11 § 5 Administrative programs, coordination, generally Ch. 36.47 Adverse claims to property levied on, duties regarding 6.19.030, 6.19.040, 6.19.050, 6.19.060 Amateur radio operators with special license plates, list of furnished 46.16.340 Appointment as receiver logging and lumbering liens 60.24.130 Arrest warrantless arrest for felonies, gross misdemeanors, and misdemeanors, when authorized 10.31.100 Association of sheriffs and police chiefs assistance to counties in developing and implementing local law and justice plan 36.28A.020 recognition 36.28A.010 Attachment custody of property and proceeds received by 6.25.230 custody of property upon removal to superior court 4.14.040 execution of writ compensation 6.25.110 expenses 6.25.110 personal property 6.17.160 property within county 6.25.110 real property 6.17.160 selection of property 6.25.110 stocks 6.17.160 inventory by 6.25.160 judgment for defendant 6.25.270 property may be followed to adjoining county 6.25.150 return 6.25.160 satisfaction of judgment insufficient property 6.25.250 procedure 6.25.240 Attachment of money in hands of 6.27.050 Basic law enforcement training, certificate, requirement 36.28.025 Bonds indemnify, demand for 36.28.050 official, new or additional 36.28.030 Chaplains duties 41.22.040 volunteers may be used 41.22.030 Child abuse, reporting Ch. 26.44 Civil service qualifications of applicants 41.14.100 Civil service, See also CIVIL SERVICE, subtitle Sheriffs’ office employees Coroner acting as, conditions 36.24.010 report of deaths by vehicle accidents to be made to 46.52.050 County seats, sheriffs’ offices 36.28.160 [RCW Index—page 682] Courtrooms, superior court judge may order to acquire suitable one 2.28.140 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Criminal records, See CRIMINAL RECORDS PRIVACY ACT Deposits into court, enforcement of order of 4.44.490 Deputies powers of 36.28.020 Disposition form and report prosecuting attorney to send to state patrol 10.98.090 state patrol sole recipient for federal transmission 10.98.070 transmitted to prosecuting attorney 10.98.050 Domestic violence arrests 10.31.100 immunity for arresting officer 26.09.300, 26.50.140 no-contact order enforcement 10.99.055 procedure for issuing and entering 10.99.045 statewide notice 10.99.040 protection orders computer entry for statewide notice 26.09.060 computer entry to constitute statewide notice, requirements 26.50.100 ex parte temporary order for protection penalties, prerequisite, duty to serve copy of order 26.50.115 issuance, assistance by peace officer 26.50.080 penalties, prerequisite, duty to serve copy of order 26.50.115 personal service exceptions 26.50.090 Domestic violence, official response, See DOMESTIC VIOLENCE Duties, general enumeration 36.28.020, Const. Art. 11 § 5 Election of Const. Art. 11 § 5 Elective officer, enumeration as 36.16.030 Employees transfer to city police upon annexation or incorporation civil service commission rules 35.13.390 conditions and limitations 35.13.380 notification of right to transfer, time frame for request 35.13.400 purpose 35.13.360 when authorized 35.13.370 Enforcement of laws on limited access facilities in cities and towns, sheriff to have independent and concurrent jurisdiction 47.52.200 Enforcement of order to deliver subject matter of litigation to party 4.44.490 Execution of judgments duties 6.17.120 mortgage decree 61.12.090 writ of execution directed to 6.17.110 Executions bond in favor of, when 6.17.190 levy and sale duty 6.17.130 personal property 6.17.180 liability for nondelivery of personal property 6.17.190 sales under deed of authorized, when 6.23.060 Extradition, application for requisition for return of person 10.88.410 Fees chattel mortgage foreclosure sale 36.18.040 criminal history records check 36.18.040 demand in advance 36.28.040 enumeration 36.18.040 fingerprinting for noncriminal purposes 36.18.040 mailings required by statute 36.18.040 notarizing documents 36.18.040 receipts, violations and penalties 36.28.060 reproduction of materials 36.18.040 sale of personal property 36.18.040 Fees, See also COUNTIES, subtitle Fees of county officers Felonies warrantless arrest for, when authorized 10.31.100 Fingerprints judge to order 10.98.050 Fingerprints and identifying data transmit to state patrol identification and criminal history section 10.98.050 Firearms, commercial sales, copy of application for to be sent to, approval 9.41.090 Forcible or unlawful entry and detainer actions service of writ of restitution immunity from civil liability 59.18.390 Garnishment fees, service of writ 6.27.110 Gross misdemeanors warrantless arrest for, when authorized 10.31.100 Habeas corpus delivery of writ to, when 7.36.060, 7.36.070 immunity to civil liability for obeying writ or order 7.36.180 return of writ 7.36.090 service of writ 7.36.070 person not found or refuses admittance 7.36.080 warrant to prevent removal or irreparable injury directed to 7.36.190 execution of 7.36.210 Health regulations by state board of health, duty to enforce, penalty 43.20.050 Hostage or barricade situation service disruption, telephone company immunity from liability 70.85.120 telephone communication 70.85.100 applicable law 70.85.130 telephone company assistance 70.85.110 Incapacitated, coroner acting as 36.24.010 Injunctions, contempt for disobedience, service of attachment or rule 7.40.150 Injunctions against obscene materials, surrender of material to sheriff 7.42.040 Interception of private conversations admissibility 9.73.090 authorization, application 9.73.130 authorization, inventory, service on named person 9.73.140 judicial authorization 9.73.090 pen registers and trap and trace devices 9.73.260 report, requirements 9.73.120 Irrigation and rehabilitation district rules and regulations, enforcement by sheriff 87.84.100 Judicial sales acknowledgment of payment 6.21.070 bill of sale 6.21.070 confirmation proceedings 6.21.110 deed of 6.21.120 delivery of personal property 6.21.070 officers and deputies may not purchase 6.21.060 payment to, certificate of sale 6.21.100 return of 6.21.100 selling procedure 6.21.090 sold to highest bidder 6.21.100 Jury food and lodging provided by 4.44.310 Law, private practice 36.28.110 Law enforcement medal of honor Ch. 41.72 Limitation of actions against 4.16.080 escape of prisoner arrested or imprisoned on civil process 4.16.110 personal disability of plaintiff does not toll statutes 4.16.190 Malicious prosecution claim by a law enforcement officer 4.24.350 (2008 Ed.) SHORELANDS Misconduct or nonfeasance civil liability for 36.28.150 Misdemeanors warrantless arrest for, when authorized 10.31.100 Mortgages, execution of decrees 61.12.090 Motor freight carriers, sheriffs to make arrests in enforcement of regulations relating to 81.80.330 Ne exeat, bail bond, to require 7.44.030 Not to practice law 2.48.200 Nuisances, warrant of abatement abatement by sheriff 7.48.030 directed to sheriff 7.48.030 levy of expenses 7.48.030 order allowing issuance to 7.48.020 return 7.48.030 Obstructions on highway right of way, sheriff’s duties relating to the removal thereof 47.32.060, 47.32.070, 47.32.080, 47.32.090 Official bonds amount 36.16.050 filing 36.16.060 Overtime compensation for employees 49.46.130 Powers and duties of child abuse, reporting Ch. 26.44 execution of judgments 6.17.120 execution of process of superior courts 2.08.220 general Const. Art. 11 § 5 general enumeration 36.28.010 Prisoners employment of 36.28.100 maintaining, payment by county 36.01.060 Privacy unlawful release of personal information 4.24.680, 4.24.690, 4.24.700 Process of service, See SHERIFFS, subtitle Service of process superior courts, execution of by 2.08.220 Public nuisance abatement procedure, duties 7.48.020, 7.48.030, 9.66.040 Racial profiling 43.101.410 Receipts, duplicates procedure, violations and penalties 36.28.060 Redemption certificate of redemption by 6.23.080 evidence submitted to 6.23.080 notice by 6.23.080 notice to 6.23.080 payment on successive redemptions 6.23.070 payment to 6.23.080 refusal to allow, effect 6.23.070 rents and profits, duties 6.23.090 Rent default, liability for damages 59.08.100 Replevin concealed property duties upon receiving order awarding possession 7.64.047 duties upon receiving order awarding possession 7.64.047 possession of property, to take upon receiving order awarding 7.64.047 redelivery bond of defendant duties upon posting of 7.64.050 return of proceedings by 7.64.110 Retirement and pensions, See RETIREMENT AND PENSIONS, subtitle Law enforcement officers and fire fighters Retirement of sheriff service of process, procedure 36.28.120, 36.28.130 surrender of writs 36.28.120 Salary to be prescribed Const. Art. 11 § 5 Sale of municipal assets, involuntary dissolution 35.07.060 Sales, See SHERIFFS, subtitle Judicial sales Search warrant, duties 10.79.020 Service of process fees 36.18.040 habeas corpus writ 7.36.070, 7.36.080 (2008 Ed.) sheriff disqualification, procedure 36.28.090 sheriff retiring, procedure 36.28.120, 36.28.130 Sex and kidnapping offenders, registration with sheriff central registry, duty to forward information to 43.43.540 reimbursement for processing costs 43.43.540 Sexual offenders, registration with sheriff address verification 9A.44.135 procedures and penalties 9A.44.130 termination of duty to register 9A.44.140 Sheriff’s sale on mortgage foreclosure, redemption rights lost where property abandoned, sheriff’s sale purchaser to take title free from redemption right 61.12.093 Specialized forest products, enforcement 76.48.040 State identification number state patrol to furnish 10.98.080 Status of suspected or convicted felons prompt response by patrol or corrections department 10.98.150 Supplemental proceedings cost payment 6.32.160 order authorizing payment by debtor of judgment debtor to sheriff 6.32.070 order requiring delivery of money or personal property 6.32.080, 6.32.090, 6.32.100, 6.32.110 service of warrant of arrest and affidavit 6.32.140 Term to be prescribed Const. Art. 11 § 5 Traffic schools of city or town and county, sheriff to assist in 46.83.020 Traveling expenses, when paid by county 36.01.060 Unclaimed property disposal 63.40.010 manner of disposal 63.40.010 receipt of, when 63.24.160 Unemployment compensation, fees for service of process 50.12.170 Uniforms allowance for clothing and other incidentals 36.28.180 standard uniforms, filing of description, effect 36.28.170 Vehicles, emergency, colored lights 46.37.190 Water pollution, abatement of 35.88.050 Wiretap admissibility 9.73.090 authorization, application 9.73.130 authorization, inventory, service on named person 9.73.140 judicial authorization 9.73.090 report, requirements 9.73.120 Witnesses, attachment of witnesses to compel attendance 5.56.080 Writ of execution, indemnity bond 59.08.100 Writ of restitution, service of 59.12.100 SHERIFFS AND POLICE CHIEFS, ASSOCIATION OF Auto theft prevention authority 36.28A.130, Ch. 46.66 DNA identification system criminal street gang database 43.43.762 Domestic violence incident reporting association duties 10.99.030 Domestic violence policy violence committed by law officers 10.99.090 Forest fires/wildfires, property access 36.28A.140 Gangs grant programs to assist local law enforcement 36.28A.200, 36.28A.210, 36.28A.220 Jail booking and reporting, electronic statewide system and standards committee 36.28A.040, 36.28A.050 Legal recognition 36.28A.010 Local law and justice plan assistance to counties in developing and implementing 36.28A.020 Malicious harassment information repository reporting and dissemination 36.28A.030 Missing persons committee, information 36.28A.100 state patrol, local law enforcement 36.28A.120 web site 36.28A.110 Retired law enforcement officers firearms certificates 36.28A.090 Sex offenders model policy work group 4.24.5501 records, sealed 40.14.070 Statewide first responder building mapping information system 36.28A.060, 36.28A.070, 36.28A.080 Victim information and notification system, statewide 36.28A.040, 36.28A.0401, 36.28A.0402 SHERIFFS’ SALES (See JUDICIAL SALES; SHERIFFS, subtitle Judicial sales) SHIPPING BUSINESSES Tax imposed 82.04.260, 82.04.440 SHIPS AND SHIPPING (See BOATS AND BOATING; VESSELS AND SHIPPING) SHIPWRECKS State-owned archaeological resources contracts for discovery and salvage 27.53.110, 27.53.120, 27.53.130, 27.53.150 SHOPLIFTING Additional penalty liability for 4.24.230 Detention for investigation 9A.16.080 False arrest suit for, reasonable cause a defense civil suit 4.24.220 False imprisonment, suit for, reasonable cause a defense civil suit 4.24.220 Wrongful detention, suit for, reasonable cause a defense civil suit 4.24.220 SHOPS (See STORES AND SHOPS) SHORELANDS (See also PUBLIC LANDS, subtitle Aquatic lands - tidelands and shorelands) Assertion of state ownership Const. Art. 17 § 1 Disclaimer by state where patented Const. Art. 17 § 2 exception in cases of fraud Const. Art. 17 § 2 Ditches and drains, private construction 85.28.130, 85.28.140 Drainage, private ditches and drains 85.28.130, 85.28.140 Eminent domain against, railroads and canal companies 81.36.010 Excavation of waterways, See PUBLIC LANDS, subtitle Waterways Federal land, annexation by second class cities 35.13.200 First class streets and alleys over, supervision and control of 35.21.250 Fish and wildlife department-managed lands, exchange with landowners if in public interest 43.300.070 Flood control, See FLOOD CONTROL Growth management planning and environmental review Ch. 36.70A Harbor improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Mineral prospecting leases, See PUBLIC LANDS, subtitle Mineral prospecting leases Mining contracts, See PUBLIC LANDS, subtitle Mining contracts Public lands—aquatic lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 [RCW Index—page 683] SHORELINE MANAGEMENT oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Purple loosestrife control program Ch. 17.26 Reclamation of tide and unsurveyed land, diking districts 85.05.540, 85.05.550 Rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Shellfish protection districts and programs Ch. 90.72 Shoreline management act Ch. 90.58 Spartina control program Ch. 17.26 United States water rights Ch. 90.40 Water pollution control Ch. 90.48 Wharves, docks, and landings Ch. 88.24 SHORELINE MANAGEMENT Application to agricultural activities 90.58.065 Application to governmental entities 90.58.280 Coastal zone management consistency certificates, federal 90.58.570 Columbia river gorge, management conformance with gorge commission 90.58.600 Definitions and concepts 90.58.030 Designation of shorelines of statewide significance 90.58.310 Development permits application, approval, and rescission, conditions and procedures 90.58.140 bulkheads, expedited process 90.58.140 fish or wildlife habitat or passage improvement projects, exemption 90.58.147 time requirements for project completion 90.58.143 utility service extensions, expedited process 90.58.140 watershed restoration projects, exemption 90.58.515 Emergency water withdrawals and facilities, expedited permit processing 90.58.370 Environmental excellence program agreements, effect on chapter 90.58.045 Existing requirements not obviated 90.58.360 Growth management planning and environmental review Ch. 36.70A Guidelines, review and adoption, public hearings and amendments 90.58.060 Hazardous substance remedial actions procedural requirements not applicable 90.58.355 Height limitations 90.58.320 Intergovernmental cooperation 90.58.050, 90.58.250 Involvement of all interested persons and entities 90.58.130 Land adjacent to shorelines, use policies 90.58.340 Local governments and ecology department, additional authority 90.58.240 Master programs adjacent jurisdictions 90.58.110 adoption in segments 90.58.110 appeals 90.58.190 approval procedure 90.58.090 contents 90.58.100 local government duties 90.58.070, 90.58.080, 90.58.090 review 90.58.195 shoreline use regulation 90.58.100 Nonapplication of act 90.58.270 Oil or gas surface drilling prohibition, where 90.58.160 Oil or natural gas exploration in marine waters permit requirements 90.58.550 violations and penalty 90.58.560 Policy of the state 90.58.020 Property value, effect of shoreline management act 90.58.290 Rules adoption 90.58.120 Secure community transition facilities 90.58.390 [RCW Index—page 684] Shorelines hearings board 90.58.170, 90.58.175, 90.58.180, 90.58.185 Timber selective commercial cutting 90.58.150 Treaty rights, nonapplication of shoreline management act 90.58.350 Use regulation 90.58.100 Uses conflicting with state programs and provisions, penalty 90.58.210 Violations, liability for damages 90.58.230 Violations, penalty 90.58.220 Wetlands wetland manual, adoption 90.58.380 SHORELINES HEARINGS BOARD Appeals expedited process 90.58.185 penalties of fifteen thousand or less, involving 90.58.185 permit actions, from 90.58.180 single-family residences, involving 90.58.185 Environmental hearings office, board establishment within 90.58.170 Establishment and membership 90.58.170 Master programs, appeals of decisions 90.58.190 Rules adoption 90.58.175 SHORTHAND REPORTERS (See COURT REPORTERS) SHORT-TERM OBLIGATIONS (See INDEBTEDNESS, subtitle Short-term obligations) SHOW CAUSE Attorneys, refusal to deliver client’s money or papers 60.40.020 Certiorari proceedings 7.16.050 Ejectment and quieting title actions, order for survey of property 7.28.200 Injunctions, contempt for disobedience 7.40.150 Mandamus proceedings 7.16.180, 7.16.200 Nuisances, default of bond to stay warrant of abatement 7.48.270 Orders of court, See ORDERS OF COURT, subtitle Show cause Prohibition proceedings 7.16.320 Support actions, application by attorney general for show cause order to provide support 74.20.220 Will contest 11.24.020 SHRUBS Injury to or removal, damages 64.12.030 SICK LEAVE Child care 49.12.275, 49.12.280, 49.12.285, 49.12.290, 49.12.295 County employees, hourly 36.32.390 Family member 49.12.265, 49.12.270, 49.12.287 Metropolitan municipal corporations, prior employees 35.58.400 State employees, payment of accounting plan, payroll procedure development 41.48.130 agency sick leave authority 41.48.140 employee, defined 41.48.150 legislative intent 41.48.110 retirement system reports 41.48.180 social security contribution exclusion sick leave account created 41.48.120 transfer of moneys to sick leave account 41.48.170 unused sick leave compensation 41.48.180 Unused, remuneration or benefits for educational service district employees 28A.310.490 school district employees 28A.400.210 early retirement, effect 28A.400.212 state employees 41.04.340 SIDEWALK ELEVATORS (See ELEVATORS, ESCALATORS AND DUMBWAITERS) SIDEWALKS Cities and towns construction, reconstruction, and repair, generally Ch. 35.68 construction and reconstruction Ch. 35.69 curb ramps for physically handicapped model standards 35.68.076 required, standards and requirements 35.68.075 first class cities, construction and reconstruction Ch. 35.68 liens 35.68.070 local improvement authority for 35.43.040 driveways across 35.68.070 obstructing vegetation, debris, removal or disposal procedure 35.21.310 prescriptive rights of abutting owners 35.21.220 second class cities franchises to use 35.23.440 providing for 35.23.440 towns construction Ch. 35.68 control and management of 35.27.370 franchises to use and occupy 35.27.370 Counties, county road fund expenditures for 36.75.240 sidewalks and paths, construction of, standards 36.75.240 Defined for motor vehicle purpose 46.04.540 First class cities, construction and reconstruction Ch. 35.69 First class cities, construction and reconstruction, generally Ch. 35.68 Second class cities construction and reconstruction, generally Ch. 35.68 franchises to use 35.23.440 providing for 35.23.440 Second class cities, construction and reconstruction Ch. 35.69 Towns construction and reconstruction Ch. 35.70 construction and reconstruction, generally Ch. 35.68 control and management 35.27.370 SIDING CONTRACTORS Sales and contract practices regulated Ch. 19.186 SIGNATURES Bonds facsimile signatures 39.44.100 County road improvement districts, determination of sufficiency 36.88.370 Defined, for Criminal Code 9A.04.110 Digital signatures electronic authentication act Ch. 19.34 Federal missing persons act, signature of officer or employee, proof of authenticity 5.40.040 Habeas corpus, return of writ 7.36.100 Insurance contracts, execution of policy by facsimile signature 48.18.210 Obtaining a signature by deception or duress 9A.60.030 Schools, relating to, directors and superintendents signatures filed with county auditor 28A.400.020 Wills 11.12.030 signing for testator or testatrix, requisites 11.12.030 SIGNS Election campaigns compliance responsibility 42.17.540 false advertising prohibited 42.17.530 identification of sponsor 42.17.510 picture of candidate 42.17.520 Highway, street and county road signs and traffic devices, generally, See HIGHWAYS, subtitle Traffic control devices for Highway advertising control act Ch. 47.42 Highway construction and maintenance, signs or flaggers required at thoroughfare work sites 47.36.200 (2008 Ed.) SMALL CLAIMS Highway routes and branches designations 47.36.095 Highway signs alterations of speed limits effective when posted 46.61.415 school or playground crosswalks, effect 46.61.440 Highways adopt-a-highway signs 47.36.400 interstate system, informational, contents 47.36.310 motorist information signs lodging activity listings 47.36.340 placement 47.36.330 "RV" logo 47.36.360 over, signs or banners 47.36.030 primary and scenic systems information signs, contents 47.36.320 tourist oriented directional signs 47.36.320 signs prohibited by statute, resolution or ordinance 47.42.048 specific information panels installation time, limits on 47.36.350 specific motorist information, business signs, and directional information 47.36.310 Impaired clearance signs, effect 46.44.020 Limited access facilities to be marked with 47.52.110 Local weight regulations on highways, signs must designate 46.44.080 Railroad grade crossings, signs, signboards and billboards prohibited 47.32.140 Regional shopping center directional highway signs 47.36.270 Scenic vistas act Ch. 47.42 Standards for county roads 36.86.040 SILENCERS Firearms, use of silencer prohibited 9.41.250 SILVER (See also MINES AND MINING) Coin silver, use of words, penalty 9.16.110, 9.16.130 Pawnbrokers and second-hand dealers 19.60.010 Sterling silver, use of words, penalty 9.16.100, 9.16.120 SIMULTANEOUS DEATH Death of tort feasor either simultaneous with or after death of or injury to claimant’s person or property 4.20.046 Life insurance, payment of proceeds 48.18.390 Survival of action upon simultaneous death of tort feasor 4.20.046 Uniform act Ch. 11.05A SIRES (See BREEDERS AND BREEDING) SKAGIT COUNTY Boundaries, tracing of 36.04.290 Superior court judges, number of 2.08.063 SKAGIT RIVER Salmon recovery plan 77.95.140 SKAMANIA COUNTY Boundaries, tracing of 36.04.300 Superior court judges, number of 2.08.064 SKI AREAS Conduct standards and responsibility Ch. 79A.45 Conveyances, safety and inspection Ch. 79A.40 Explosives, avalanche control 70.74.191 Fraudulent use of accommodations and facilities 19.48.110 SKIING AND COMMERCIAL SKI ACTIVITY (See PARKS AND RECREATION) SKOKOMISH INDIANS Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120, 37.12.130, 37.12.140 SLANDER (See LIBEL AND SLANDER) SLAUGHTERHOUSES Animal carcasses, disposal Ch. 16.68 Brand inspection Ch. 16.57 (2008 Ed.) Custom slaughtering and custom meat facilities, licensing and inspection Ch. 16.49 Humane slaughter of livestock Ch. 16.50 Ritual slaughter of livestock defined as humane 16.50.150 SLAYERS Benefit from death of victim prohibited Ch. 11.84 Inheritance from victim prohibited Ch. 11.84 SLAYING (See HOMICIDE) SLOT MACHINES Antique 9.46.235 SLUDGE Biosolids beneficial uses 70.95J.030 biosolid management program 70.95J.020 definitions 70.95J.010 enforcement of regulations department of ecology authority 70.95J.050 local health departments permit issuance and enforcement authority 70.95J.080 permit review 70.95J.090 municipal sewage sludge federal findings 70.95J.007 legislative findings 70.95J.005 transportation 70.95J.020 violations department of ecology authority 70.95J.040 gross misdemeanor punishment 70.95J.060 monetary penalty 70.95J.070 Disposal regulated 70.95.255 Municipal sewage sludge biosolid management program 70.95J.020 biosolids beneficial uses 70.95J.030 biosolids permits, fees and report 70.95J.025 definitions 70.95J.010 enforcement of regulations department of ecology authority 70.95J.050 federal requirements 70.95J.007 glassified sewage sludge beneficial uses 70.95J.030 legislative findings 70.95J.005 local health departments permit issuance and enforcement authority 70.95J.080 permit review 70.95J.090 transportation 70.95J.020 violations department of ecology authority 70.95J.040 gross misdemeanor punishment 70.95J.060 monetary penalty 70.95J.070 SMALL ARMS RANGES Acquisition and equipping of 38.20.050 Rental of 38.20.040 Use of 38.20.050 SMALL BUSINESS Defined 19.85.020 Economic development finance authority loan pooling, authority 43.163.050 Export transactions economic development finance authority funding programs 43.163.030 Federally guaranteed loans, See LOANS, subtitle Federally guaranteed small business loans Federally guaranteed small business loan program Ch. 31.40 Group disability insurance basic policy for small employers 48.21.045 plans for small employers 48.21.047 Health care service contractors mandatory offering for small employers 48.44.023 offering to small employers, requirements 48.44.024 Health maintenance organizations basic health plan benefits for small employers 48.46.066, 48.46.068 Minority and women business development office 43.31.0925 Regulatory fairness act Ch. 19.85 Small business economic impact statement and rule-making procedure Ch. 19.85 Small business export finance assistance center, See SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER SMALL BUSINESS DEVELOPMENT CENTER Established by Washington State University board of regents 28B.30.530, 28B.30.533 SMALL BUSINESS ECONOMIC IMPACT STATEMENT (See REGULATORY FAIRNESS) SMALL BUSINESS EXPORT FINANCE ASSISTANCE CENTER Authorized 43.210.020 Board of directors 43.210.030 Contract authorized with the department of community, trade, and economic development 43.210.050 Findings 43.210.010 Minority business export outreach program 43.210.130 Powers and duties 43.210.040 Purposes 43.210.020 Rule-making authority 43.210.060 SMALL BUSINESS INVESTMENT COMPANIES Investment in bonds by mutual savings banks authorized 32.20.047 SMALL CLAIMS Appeals 2.24.040, Ch. 12.36, 12.40.120 Assignees of small claims cannot file or prosecute 12.40.070 Attorneys, representation by, prohibition 12.40.080 Commencement of action in 12.40.020 Department of small claims created in district court 12.40.010 Fees court cost recovery limited to statutory amount 12.40.045 service of notice of claim 12.40.040 Filing fees 12.40.020 surcharge to fund dispute resolution centers imposition by county legislative authority 7.75.035 Hearing, procedure informal 12.40.080 Hearing and time of trial 12.40.030 How commenced 12.40.020 Informational brochure 12.40.800 Judgments entry 6.01.020 failure to pay increase of judgment 12.40.105 nonpayment, procedure 12.40.110 payment of immediately 12.40.100 payment plan may be ordered 12.40.100 Jurisdiction of department of small claims 12.40.010 Jurisdictional amount for cases seeking recovery of money 12.40.010 Notices appearance 12.40.060 claims 12.40.030 requisites of 12.40.060 service of 12.40.040 Pleadings, informal 12.40.090 Removal of actions to superior court, conditions 12.40.027 Requisites 12.40.050 Self-representation permitted 2.48.190 Transfer of actions to small claims department 12.40.025 Verification of 12.40.070 [RCW Index—page 685] SMALL EMPLOYER HEALTH INSURANCE PARTNERSHIP PROGRAM SMALL EMPLOYER HEALTH INSURANCE PARTNERSHIP PROGRAM (See INSURANCE) SMALL LOAN COMPANIES (See CONSUMER FINANCE) SMALL WORKS ROSTER (See PUBLIC WORKS) SMOKE DETECTION DEVICES Installation 43.44.110, 48.48.140 SMOKING Minors, selling or giving tobacco 26.28.080 No smoking law local regulations authorized 70.160.080 penalty for violation of 70.160.070 paid to city or county bringing action 70.160.100 within twenty-five feet 70.160.075 violations of 70.160.070 Private workplaces when allowed 70.160.060 Prohibited in public places 70.160.030 School property, ban on use of tobacco products on 28A.210.310 Smoking prohibited posting of 70.160.050 Washington clean indoor air act definitions 70.160.020 legislative intent 70.160.011 local regulations authorized 70.160.080 penalty for violation of 70.160.070 paid to city or county bringing action 70.160.100 private workplaces intent of act 70.160.060 smoking prohibited posting of 70.160.050 smoking prohibited in public places 70.160.030 violations of 70.160.070 SNOHOMISH COUNTY Boundaries, tracing of 36.04.310 Superior court judges, number of 2.08.064 SNOWMOBILES (See MOTOR VEHICLES, subtitle Snowmobiles) SOCIAL AND HEALTH SERVICES, DEPARTMENT OF 211 information system health and human services Ch. 43.211 Abuse of children, reporting Ch. 26.44 Adoption information regarding birth parent or adopted child 26.33.345, 26.33.385 recruitment of homes for special needs children 74.13.320 Adoption support program, See ADOPTION Adult family homes background checks on employees 70.129.130 inspections powers and duties 70.128.090 licenses suspension, immediate suspension when conditions warrant, authority 70.128.100 noncompliance or violations authorized actions 70.128.160 rules and standards, adoption 70.128.040 training standards and delivery system review 70.128.210 unlicensed, investigation of 70.128.110 Advisory committees and councils appointment 43.20A.360 drug reimbursement policy recommendations 43.20A.365 membership 43.20A.360 purpose 43.20A.350 reports 43.20A.360 state committee on aging 43.20A.680 subjects 43.20A.360 terms 43.20A.360 travel expenses 43.20A.360 vacancies 43.20A.360 [RCW Index—page 686] Aged, Federal Older Americans Act, participation 74.36.100 Agencies for children, expectant mothers, developmental disabilities, care and placement duties of secretary 74.15.030 Aging, community programs for 74.36.110 eligibility and approval 74.36.120 state funding 74.36.130 Aging, state council on, See STATE COUNCIL ON AGING Alcohol and drug use treatment associated with pregnancy Ch. 70.83C Alcohol information school for drunk drivers 46.61.5056 Alcohol treatment program standards 46.61.5056 Alcoholism, intoxication, and drug addiction treatment expenditure review 43.20A.065 Alcoholism and drug addiction treatment Ch. 70.96A Alternate living arrangements eligibility standards licensing authority 74.08.044 rule-making authority 74.08.044 Assistant secretaries of divisions appointment 43.20A.090 delegation of powers and duties to 43.20A.110 as exempt under state civil service law 43.20A.090 Assisted living services Ch. 74.39A At-risk youth family services and programs to be administered to benefit 43.20A.780 nonoffender at-risk children and their families Ch. 13.32A statute administration, consistency required 43.20A.770 Background investigations definitions, records 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838, 43.43.840 immunity of state 43.43.833 rules, updated 41.06.476 Blind, state school for, See BLIND, subtitle State school for Boarding homes background checks on employees 70.129.130 Boarding homes, department duties to regulate Ch. 18.20 Bond issues, See SOCIAL AND HEALTH SERVICES FACILITIES Branch offices 43.17.050 Cerebral palsy center, powers, duties, and functions transferred to 70.82.050 Chemical dependency and mental disorders, screening and assessment Ch. 70.96C Chemical dependency treatment enhanced services facilities Ch. 70.97 generally Ch. 70.96A integrated crisis response and involuntary treatment, pilot programs Ch. 70.96B Child abuse adolescents, abuse of staff training 26.44.220, 26.44.230 background investigations 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838, 43.43.840 case planning and consultation 26.44.030 child taken into custody statement to parents 26.44.110 council for children and families Ch. 43.121 deaf, state school for 26.44.210 negligent treatment, maltreatment DSHS initiated dependency proceedings 26.44.195 prevention curriculum 28A.300.150, 28A.300.160 reporting Ch. 26.44 duties 26.44.030 records maintained by agencies 26.44.035 response by more than one agency, procedure for coordination 26.44.035 rights of parents and children advise when dependency petition filed 26.44.105 legislative purpose 26.44.100 sexual abuse treatment for abusive person removed from home 26.44.140 Child protective services child taken into custody with court order notice to parents 26.44.115 child taken into custody without court order statement to parents 26.44.110 notice to noncustodial parent 26.44.120 Child support administrative support order modification of petition, grounds, and procedure 74.20A.059 alternative method of enforcement Ch. 74.20A Indian tribes, cooperative agreements for enforcement services Ch. 26.25 responsible parent action against responsible parent’s earnings within state 74.20A.095 financial responsibility of, notice and finding of procedure 74.20A.055 uniform interstate family support act Ch. 26.21A Child welfare services abused or neglected children demonstration project 74.13.200, 74.13.220, 74.13.230 annual quality assurance report 43.20A.870 children of color, advisory committee 74.13.096 complaint resolution process 74.13.045 deferred prosecution order 74.13.0311 records disclosure 74.13.500, 74.13.505, 74.13.510, 74.13.515, 74.13.520, 74.13.525 Children dependency order notice to parents 26.44.115, 26.44.120 investigation of employees and providers responsible for children and vulnerable adults authority 43.20A.710 mental health services Ch. 71.34, Ch. 71.36 Children and family services act 74.14A.020 blended funding projects 74.14A.060 juvenile offenders family unit to be included in treatment 74.14A.040 treatment in nonresidential communitybased care 74.14A.030 legislative intent 74.14A.010 policy goal 74.14A.025 Children and youth services management and services Ch. 72.05 multiple handicaps, medical service administrative responsibility 74.26.040 contracts for service, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 program plan, development of 74.26.030 regulation promulgation, when 74.26.040 residential state schools, camps, centers, designated 72.05.010 Children’s services annual quality assurance report 43.20A.870 caseworker standards and training 74.14B.010 child abuse and neglect multidisciplinary teams 74.14B.030 counseling referrals availability notice 74.14B.050 early identification and referral, victims of sexual assault or abuse 74.14B.070 therapeutic day care and treatment 74.14B.040 Children’s system of care Ch. 74.55 (2008 Ed.) SOCIAL AND HEALTH SERVICES, DEPARTMENT OF Chore services 74.39A.100, 74.39A.120, 74.39A.130, 74.39A.140, 74.39A.150 Closure of state facilities, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Economic impact act Commission merchants, damaged or unfit products, certificate as to issued by 20.01.450 Cooperation with federal programs 70.01.010 Coordinating council for occupational education, cooperation with 43.20A.320 Correctional facilities Ch. 72.01 inmates, transfer Ch. 72.68 vocational education defined 72.62.020 vocational education programs sale of products 72.62.030, 72.62.040 trade advisory and apprenticeship committees 72.62.050 Created 43.17.010, 43.20A.030 Criminal history information, receipt and use 43.20A.711 Data-sharing, confidentiality 43.20A.080 Day training centers purchases of goods and services by municipalities Ch. 39.23 Definitions relating to 43.20A.020, 43.20A.025 Department personnel director appointment 43.20A.090 as exempt under state civil service law 43.20A.090 Deputy secretary appointment 43.20A.090 delegation of powers and duties to 43.20A.110 duties 43.20A.090 as exempt under state civil service law 43.20A.090 Design, purpose 43.20A.010 Detainers, interstate administrator, state 9.100.060 appropriate court, defined 9.100.020 enforcement 9.100.030 escape, effect 9.100.040 giving over of inmate authorized 9.100.050 request for temporary custody, notice to prisoner and governor 9.100.070 text of agreement 9.100.010 transmission of copies of chapter by secretary of state 9.100.080 Developmental disabilities, children with out-of-home placement 74.13.350 Director energy facility site evaluation council member 80.50.030 Division of developmental disabilities children, multiple handicaps medical service program program plan, service delivery responsibility 74.26.030 children with multiple handicaps medical service program administrative responsibility 74.26.040 contracts for service, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 regulation promulgation, when 74.26.040 Division of institutions commitment of juveniles commitment of beyond age twenty-one years prohibited 13.40.300 jurisdiction after eighteenth birthday 13.40.300 department of social and health services, department of institutions powers, duties and functions transferred to 43.20A.010, 43.20A.030 financial responsibility, determination of charges modification or vacation of findings 43.20B.350 (2008 Ed.) juvenile offenders, consolidated juvenile services purpose 13.06.010 rules and regulations governing 13.06.030 state aid computation of 13.06.050 state aid for 13.06.020 application 13.06.040 mental illness, See HOSPITALS FOR MENTAL ILLNESS penitentiary generally, See PENITENTIARY powers, duties and functions transferred 43.20A.030 Division of public assistance child welfare services as departmental program, scope foster care 74.13.031 consolidated emergency assistance program for families 74.04.660 county hospitals aid to 36.62.252 employees leaves of absence for educational purposes 74.04.480 merit system 74.04.011 family reconciliation service for children 74.13.031 federal grants or funds acceptance and assent to federal requirements for 74.04.050 application for 74.04.050 construction in favor of qualification for 74.04.055 cooperation with federal laws to qualify for 74.04.050 programs covered by 74.04.050 rules and regulations of department to comply with requirements for 74.04.050 handicaps, children with copy of commitment order transmitted 26.40.060 medical assistance, powers and duties of department 74.09.530 self-support and independence, research studies to restore person to 74.08.390 sole agency to administer public assistance 74.04.050 Divisions assistant secretaries of, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Assistant secretaries of divisions authorized, plan for 43.20A.060 vocational rehabilitation 43.20A.060 Domestic violence fatality reviews, data collection and analysis Ch. 43.235 shelters for victims of Ch. 70.123 technical assistance grant program counties 70.123.140 local communities 70.123.130 Drug-affected and alcohol-affected mothers and infants comprehensive services development and expansion of 13.34.390 Echo Glen correctional institution Ch. 72.19 Economic impact act benefits 43.130.040 definitions 43.130.020 eligibility for benefits, conditions 43.130.050 excluded employment and employees 43.130.030 public employees’ retirement system, reimbursement of 43.130.060 purpose 43.130.010 reimbursement of public employees’ retirement system 43.130.060 terminal pay 43.130.040 termination of benefits 43.130.910 Employees assault, reimbursement 74.04.790 hiring of 43.20A.050 state civil service law as applicable to 43.20A.050 Employment partnership program 74.25A.010 employer eligibility 74.25A.030 federal funds, department to seek 74.25A.080 legislative findings 74.25A.005 local employment partnership councils 74.25A.045 pilot projects 74.25A.020 program participants benefits and salary not to be diminished 74.25A.060 classification under federal job training act 74.25A.070 eligibility for assistance programs 74.25A.050 worker-owned businesses, diversion of grants to 74.25A.040 Escheats of property of institution inmates, See ESCHEATS, subtitle Institution inmates, property of Executive head 43.20A.040 Facilities, closure, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Economic impact act Families in conflict family services and programs to be administered to benefit 43.20A.780 statute administration, consistency required 43.20A.770 Families in conflict, procedures and services Ch. 13.32A Family and children’s ombudsman, office of Ch. 43.06A Family preservation services Ch. 74.14C Family reconciliation services Ch. 13.32A department responsibilities 74.13.036 family services and programs to be administered to benefit 43.20A.780 Family services alternative response system Ch. 74.14D Federal funds conflicts in basic act resolved in favor of receipt of 43.20A.550 for vocational rehabilitation, department as recipient of 43.20A.300 Federal Older Americans Act, participation in 74.36.100 Federal requirements to be met 43.20A.550 Fees authorized 43.20B.020 licenses exemptions 43.20B.110 Financial responsibility duties related to 43.20B.335 Fines, civil, assessment of procedure, appeals 43.20A.215 Foster care blood-borne pathogens infant testing 74.13.287, 74.13.288, 74.13.289 child fatality review, notice 74.13.640 family decision meetings 74.13.630 fewest possible placements of child to be made 74.13.290 foster and adoptive home recruitment program 74.13.325 foster parent critical support and retention program 74.13.650, 74.13.660 foster parent liaisons 74.13.340 foster parent training 74.13.310, 74.13.315 identicards for foster youth 74.13.283 information sharing with care provider 74.13.280 intensive resource home pilot 74.13.800 on-site monitoring program 74.13.260 parents’ rights 74.13.332, 74.13.333, 74.13.334 placements changes, foster parents to be notified of proposed changes 74.13.300 educational continuity 74.13.550, 74.13.560, 74.13.570, 74.13.580 [RCW Index—page 687] SOCIAL AND HEALTH SERVICES, DEPARTMENT OF kinship caregivers 74.13.600, 74.13.621 parental preferences 13.34.260 preservice training for foster parents 74.13.250 property damage, reimbursement 74.13.335 recruitment of homes for special needs children 74.13.320 respite care for foster parents 74.13.270 sexually and physically reactive children care provider immunity 74.13.670 Foster home placements parental preferences to be followed absent good cause to do otherwise 13.32A.210 Foster homes liability insurance for foster parents secretary to provide 74.14B.080 Funds, federal funds for vocational rehabilitation, department as recipient for 43.20A.300 Gambling, problem and pathological account 43.20A.892 treatment program 43.20A.890 Green Hill School Ch. 72.16 Group homes evaluations and data, availability 43.20A.850 Group training homes purchase of goods and services by municipalities Ch. 39.23 Guardians for clients guardianship fees and compensation limits 11.92.180 Guardianship fees and costs maximum amount and rules 43.20B.460 Harrison Memorial Hospital as multi-use facility 72.29.010 Health, department of transfer of enumerated powers and duties to department of health 43.70.080 Health care purchased by state agencies alternative health care providers, agencies to identify 70.14.020 drug purchasing cost controls, evidence based prescription drug program 70.14.050 options to expand health care options 43.20A.560 review of prospective rate setting methods 70.14.040 utilization review procedures, agencies to establish plan 70.14.030 Homeless persons families with children, shelter and housing services 43.20A.790 vision services department coordination 43.20A.800 funding 43.20A.810 provider liability 43.20A.830 third-party payers 43.20A.840 used eyeglass frames, use by providers 43.20A.820 Home-maker, home health, chore, and personal household services, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Homemaker-home services HOPE centers for street youth requirements 74.15.220, 74.15.250, 74.15.260, 74.15.270 Housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 Information sharing with care provider 74.13.285 Institutions single executive may serve for multiple institutions 43.20A.607 Internal organization, policy 43.20A.010, 43.20A.050 federal requirements to be met 43.20A.550 Interstate agreement on detainers, See also DETAINERS, INTERSTATE Inventory of charitable, educational, penal, and reformatory land 43.20A.035 [RCW Index—page 688] Investigation of state employees and providers responsible for children and vulnerable adults authority 43.20A.710 Investigation unit 74.04.012 Juvenile facilities designation and management Ch. 72.05 Juvenile offender basic training camp program 13.40.320 Juvenile offenders disparity in disposition of cases 13.40.430 transitional treatment program for gang and drug-involved juvenile offenders 13.40.310 Juvenile rehabilitation facilities motion pictures unrated, R, X, or NC-17 films not to be shown 13.16.100 Juvenile rehabilitation programs administration 13.40.460 sexual misconduct by state employees or contractors 13.40.570 Juveniles consolidated juvenile services payments, calculation, limitation 13.06.050 custody (parental) no parent remaining, custodian 13.34.210 disposition standards and security guidelines, published in state register 34.08.020 facilities, management and services Ch. 72.05 out-of-home placement, duties of department Ch. 13.32A Juveniles, department to develop plan and procedures regarding services 74.13.036 Juveniles in detention facilities educational program 28A.190.010 escapees arrest warrant issuance 13.40.045 Learning and life skills grant program for courtinvolved youth Ch. 13.80 Licenses denial, suspension, revocation, or modification, procedure, appeals 43.20A.205 suspension for noncompliance with support order 43.20A.205 Licenses, fees exemptions 43.20B.110 Long-term care Ch. 74.39A Long-term care ombudsman programs availability, fees 74.38.050 community based services 74.38.040 Long-term care ombudsman programs, See also LONG-TERM CARE OMBUDSMAN PROGRAM Long-term care partnership program consumer education program 48.85.040 financing of long-term care through private insurance and medicaid funds 48.85.010 insurance policy criteria 48.85.030 protection of participant assets 48.85.020 Long-term care services, See LONG-TERM CARE Low-income energy assistance termination of utility heating service city-owned utility 35.21.300 limitation 80.28.010 Maple Lane school Ch. 72.20 Maple Lane school, See MAPLE LANE SCHOOL Medical assistance, See MEDICAL ASSISTANCE Medical care administrative responsibility, performance of 74.09.080 amendments to state plan 74.09.740 annual report 74.09.053 children health insurance, access to coverage 74.09.402 children with multiple handicaps administrative responsibility 74.26.040 contracts for service, supervision 74.26.050 eligibility criteria 74.26.020 legislative intent 74.26.010 payment liability 74.26.060 program elements, enumerated 74.26.040 program plan, development of 74.26.030 regulation promulgation, when 74.26.040 disproportionate low-income care, payment to hospitals providing 74.09.730 eligibility 74.09.510 eligibility, limitations 74.09.035 health care providers severability 74.09.910 health care providers, audit program audit and investigation authority 74.09.290 bribes, kickbacks, rebates, or self-referrals penalties 74.09.240 excessive, improper charges penalties 74.09.260 excessive payments liability for 74.09.220 false statements, fraud penalty 74.09.230 false verification of written statements penalty 74.09.280 fraudulent practices liability 74.09.210 penalty 74.09.210 institutional certification, false statements penalty 74.09.250 legislative intent, policy 74.09.200 patient trust funds, failure to deposit in trust account penalty 74.09.270 report of penalties to licensing agency or disciplinary board 74.09.300 limited casualty program authorization for, qualifications, eligibility 74.09.700 performance measures evidence-based medicine principals 74.09.085 secretary, responsibilities and duties 74.09.050 Mental health interstate compact on mental health, secretary as administrator Ch. 72.27 responsibilities of department Ch. 72.06 Mental illness children, mental health services Ch. 71.36 community mental health services Ch. 71.24 department responsibilities Ch. 71.05 enhanced services facilities Ch. 70.97 facilities, public and private Ch. 72.23 minors, mental health services Ch. 71.34 Mental retardation, See MENTAL RETARDATION Mentally ill hospitals for mentally ill, See HOSPITALS FOR MENTAL ILLNESS regional support networks, See MENTAL ILLNESS, subtitle Community services Missing children clearinghouse, reports to 13.60.040 Moneys in possession of secretary as custodian not subject to certain proceedings 74.13.070 secretary as custodian of, for persons placed with department 74.13.060 Narcotic or dangerous drug treatment and rehabilitation programs authorized 72.49.020 Nursing facilities medicaid payment system Ch. 74.46 Nursing homes Ch. 74.42 licensing and regulation Ch. 18.51 Occupational and environmental research facility advisory committee, membership 28B.20.456 Offices maintained at state capital 43.17.050 On-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 (2008 Ed.) SOCIAL AND HEALTH SERVICES, DEPARTMENT OF legislative declaration 43.81.010 Overpayments defined 43.20B.010 time limit for collection, exception 43.20B.030 vendor overpayment debts time to commence action to enforce 43.20B.688 write-offs and compromises 43.20B.030 Paternity actions, private attorney representation 74.20.350 Powers duties and functions of other state agencies transferred to 43.20A.010, 43.20A.030 scope 43.20A.010, 43.20A.030 Prayer healing, homes relying on application of chapter 70.128.170 Prevention of blindness program established 74.09.720 Public assistance child welfare services annual records, contents 74.13.035 complaint resolution process 74.13.045 crisis residential centers inter-center transfers for appropriate treatment, supervision and structure to the child 74.13.034 removal from 74.13.033 resident’s conduct, services available 74.13.033 secure detention facility placement, when 74.13.034 unauthorized leave 74.13.033 juvenile justice system, care, custody, treatment, departmental responsibility 74.13.036 licensing eligibility 74.13.035 eligibility Ch. 74.08 overpayments deduction from subsequent assistance payments, when 10.82.080 restitution payments, when 10.82.080 standards of assistance Ch. 74.08 Public assistance, See also PUBLIC ASSISTANCE Purchase of services from public or nonprofit agencies authorized 43.20A.400 basic responsibility to be retained 43.20A.415 consultation and technical assistance 43.20A.420 costs, retention of sums to pay 43.20A.430 factors to be considered 43.20A.410 funds 43.20A.400 mental health and chemical dependency treatment providers and programs 43.20A.433 purpose 43.20A.400 qualifications of vendors 43.20A.425 review of services 43.20A.420 vendor rates, establishment 43.20A.405 vendors interest in erroneous or overpayment 43.20B.695 Purpose of act creating 43.20A.010 Real property inventory of charitable, educational, penal, and reformatory land 43.20A.035 inventory of unneeded property suitable for affordable housing 43.20A.037 Records release for research Ch. 42.48 Regulatory authority licenses, fees exemptions 43.20B.110 Rehabilitation services for persons with disabilities cooperative agreements between state and local agencies 74.29.037 department as state agency for 74.29.010 job support services 74.29.080 powers and duties 74.29.020 state purchasing from entities serving or providing opportunities (2008 Ed.) definitions 43.19.525 fair market price 43.19.530 intent 43.19.520 vendors in good standing 43.19.531, 43.19.533 Research release of confidential records Ch. 42.48 Residential habilitation centers, See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers Residential school residents, educational programs Ch. 28A.190 Residential schools, See RESIDENTIAL SCHOOLS Revenue recovery criminally insane 10.77.250 definitions 43.20B.010 fees authorized 43.20B.020 food stamps 43.20B.630 funeral assistance 43.20B.120 industrial insurance compensation, recipient receiving 43.20B.720, 43.20B.730, 43.20B.735, 43.20B.740, 43.20B.745 medical assistance improper transfer of resources 43.20B.710 medical or residential care intent 43.20B.090 lien discharge or compromise by settlement or judgment 43.20B.050 form of lien 43.20B.040 subrogation to recipient’s rights, delegation 43.20B.060 rules and procedures 43.20B.080 tort action by recipient 43.20B.070 mental health hospitalization charges 43.20B.320, 43.20B.325, 43.20B.355, 43.20B.360, 43.20B.370 mental health treatment 43.20B.330, 43.20B.335, 43.20B.345, 43.20B.350 notice 43.20B.340 recovery on finding of responsibility 43.20B.347 overpayments earnings, assignment of 43.20B.645 recovery methods 43.20B.620 withholding property of debtor 43.20B.635, 43.20B.640 overpayments and debts due the department proceedings, time limit 43.20B.030 public assistance 43.20B.630 public assistance overpayments 10.82.080 real property, excess department is secured creditor 43.20B.670 real property, improper transfer suit to rescind 43.20B.660 real property, recipients holding title or contract 43.20B.750 residential habilitation centers ability to pay, determination 43.20B.425 adjudicative proceedings 43.20B.430 charges payable in advance 43.20B.440 death of resident, liability of estate 43.20B.445 discretionary lump sum collection, when 43.20B.455 liability for cost of care 43.20B.450 liability limitation 43.20B.415 rates, establishment 43.20B.420 reimbursement from after acquired property 43.20B.445 responsibility, modification or vacation of findings 43.20B.435 temporary assistance for needy families residential care payments by families 43.20B.310 vendor overpayment interest 43.20B.695 lien 43.20B.680, 43.20B.685, 43.20B.690 procedures 43.20B.675 Rules and regulations 43.17.060 conformance with federal acts 43.20A.550 Runaway hotline 74.13.039 Runaway youth statute administration, consistency required 43.20A.770 Secretary acting secretary, appointment of 43.20A.090 advisory committee on vendor rates, chairman of, ex officio duty 74.32.130 appointment 43.17.020, 43.20A.040 authority 74.04.011 chief assistant director 43.17.040 city sewerage systems, investigation of 35.88.090 community programs for aging authorized 74.36.110 eligibility and approval 74.36.120 coordinating council for occupational education, secretary to cooperate with 43.20A.320 criminally insane right to adequate care and treatment 10.77.210 delegation of powers and duties, liability 43.20A.110 department officials, secretary to appoint 43.20A.090 as executive head and appointing authority 43.20A.040 as exempt under state civil service law 43.20A.090 federal funds, goods, commodities and services administered by 74.04.015 financial responsibility, duties related to 43.20B.345 hiring of personnel by, limitations 43.20A.050 membership on Washington traffic safety commission 43.59.030 moneys custodian of, for persons placed with department 74.13.060 in possession as custodian, not subject to certain proceedings 74.13.070 oath 43.17.030 performance measures evidence-based medicine principals 74.09.085 plan for departmental divisions, secretary to prepare 43.20A.060 powers and duties, generally 43.17.030, 43.20A.050 rule-making authority 43.20A.075 salary 43.20A.040 state board of health, as member of 43.20A.030 term 43.20A.040 vacancy, filling of 43.17.040, 43.20A.040 vocational rehabilitation, secretary’s duties 43.20A.310 Senior citizens services community based services administration 74.38.030 annual state plan 74.38.030 eligibility, determination of 74.38.030 federal programs, expansion of, authorized 74.38.060 nonlow income persons services provided, fee schedule 74.38.050 scope of program 74.38.040 termination date 74.38.040 definitions 74.38.020 foster grandparent, senior companion, and retired senior volunteer programs 74.38.061 long-term care ombudsman programs 74.38.040, 74.38.050 policy declaration 74.38.010 utility services, reduced rates 74.38.070 Sewerage, water and drainage systems, counties, submission of plans for approval 36.94.100 Sexual psychopaths duties of department Ch. 71.06 Sexually violent predators duties of department Ch. 71.09 [RCW Index—page 689] SOCIAL AND HEALTH SERVICES FACILITIES Social and health services facilities appropriation of state and local improvements revolving account to, administration of 43.83D.040 comprehensive plan 43.83D.040 Social worker V employees, implementation plan 43.20A.105 State advisory committee per diem and mileage limitation 43.20A.390 State employment investigation of applicants for positions responsible for children and vulnerable adults 43.20A.710 State facilities, closure of, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Economic impact act State hospitals employees, background check on prospective employees 72.23.035 Support enforcement employees workload standards, staff requirements 74.20.340 responsible parent action against responsible parent’s earnings within state 74.20A.095 uniform interstate family support act Ch. 26.21A Support enforcement, child support program, designated agency under federal law 74.20.055 Surplus property inventory of real property suitable for affordable housing 43.20A.037 Temporary assistance for needy families, See PUBLIC ASSISTANCE, subtitle Temporary assistance for needy families Termination of utility heating service limitation 80.28.010 Therapeutic family home program for youth in custody 74.13.170 Transitional living programs for youth in process of being emancipated 74.13.037 Vendor defined 43.20B.010 Vendor overpayment debts time to commence action to enforce 43.20B.688 Veterans affected employees, transfer to department of veterans affairs 43.60A.900 transfer of powers, duties, and functions to department of veterans affairs 43.60A.020 Veterans’ homes background checks on employees 70.129.130 Vocational education programs correctional facilities Ch. 72.62 Vocational rehabilitation departmental function 43.20A.300, 43.20A.310 referrals under social security act, reimbursement for 74.04.640 Vocational rehabilitation and services to persons with handicaps, See VOCATIONAL EDUCATION Vulnerable adults fatality reviews 74.34.300 licensure requirements for agencies or facilities providing services to employment of persons guilty of abuse or financial exploitation prohibited, exceptions 43.43.842 protective services Ch. 74.34 WorkFirst temporary assistance for needy families Ch. 74.08A Workshops institutions preference to nonprofit shelters to provide services 43.20A.445 training, habilitation, and rehabilitation of residents 43.20A.445 [RCW Index—page 690] SOCIAL AND HEALTH SERVICES FACILITIES Bond issue anticipation notes, pledge, promise, seal 43.83D.080 bondholders remedies 43.83D.090 general obligation bonds appropriation required 43.83D.020 authorized 43.83D.020 conditions 43.83D.070 form 43.83D.070 issuance 43.83D.020 legal investment for public funds 43.83D.110 sale of 43.83D.020 proceeds from administration of 43.83D.040 deposited in state and local improvements revolving account 43.83D.030 use of 43.83D.040 terms 43.83D.020, 43.83D.070 social and health services facilities bond redemption fund retirement of bonds 43.83D.090 source of funds 43.83D.090 Bond issue—1979 anticipation notes, authorized deposit of 43.83H.164 authorization 43.83H.160 facilities, defined 43.83H.162 legal investment for public funds 43.83H.170 proceeds administration of 43.83H.166 deposit of 43.83H.164 retirement of, procedure 43.83H.168 severability 43.83H.912 Bond issue—1981 facilities, defined 43.83H.174 general obligation bonds, authorized 43.83H.172 legal investment for public funds 43.83H.182 proceeds administration of 43.83H.178 deposit of 43.83H.176 retirement of, requirements 43.83H.180 Bond issue—1984 additional means of payment 43.83H.192 administration of proceeds 43.83H.188 authorized, issuance, appropriation required 43.83H.184 deposit and use of proceeds 43.83H.186 retirement of bonds, pledge and promise, remedies of bondholders 43.83H.190 Bond issues legislature may provide additional moneys 43.83D.100 Comprehensive plan 43.83D.040 Declaration 43.83D.010 Definitions 43.83D.050 Referral to electorate 43.83D.060 SOCIAL SECURITY Acceptance of state for state, county, city and town, and political subdivision employees of benefits, participation in Ch. 41.47 Agreement of state for participation of state and political subdivision employees in, employees’ contributions, OASI contribution fund Ch. 41.48 Employees’ contributions 41.48.040 Federal disability program, state agencies authorized to enter into agreements 43.17.120 appointment of personnel 43.17.120 Numbers collection and disclosure waiver 26.23.140 colleges and universities, use prohibited 28B.10.042 federal requirement, restricted disclosure 26.23.150 professional licenses, prohibited 43.24.084 OASI contribution fund, state and political subdivision employees Ch. 41.48 Payment to survivors or secretary of social and health services, exclusions from estate 11.66.010 Probate, direct payment to survivors or secretary of social and health services 11.66.010 State employees, plan for coverage under federal social security Ch. 41.41 Statewide city employees’ retirement system, participation in 41.44.270 Teachers, plan for coverage of teachers under Ch. 41.33 Unemployment compensation commissioner advances 50.12.180 duties, generally 50.12.180 funds for 50.16.030 replacement of funds 50.16.060 SOCIAL WORKERS (See COUNSELORS) SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS (See HUMANE SOCIETIES) SODA POP Tax imposed Ch. 82.64 SOFTWARE (See COMPUTERS) SOIL CONSERVATION DISTRICTS (See CONSERVATION DISTRICTS) SOIL CONTAMINATION, AREA-WIDE Children in schools and child care facilities 70.140.030 Definitions 70.140.020 Ecology, department authority 70.140.070 Exemptions, livestock and agricultural land 70.140.060 Health, department 70.140.040 Legislative findings 70.140.010 Social and health services, department 70.140.050 SOLAR EASEMENTS Counties comprehensive plans, elements of 36.70.350 official controls 36.70.560 Solar energy system defined 36.70.025 SOLAR POWER Business and occupation tax manufacturers or wholesalers, solar energy systems 82.04.294 Easements authorized 64.04.140 creation, written agreement, requirement 64.04.160 definitions 64.04.150 interference with, remedies attorneys’ fees 64.04.170 damages 64.04.170 injunction 64.04.170 solar energy system, defined 35.63.015 sunlight access protection, city authority 35.63.080 SOLDIERS, SAILORS, AND MARINES Acknowledgments, army, navy, marine and coast guard officers authorized to take or administer 73.20.010 legal effect 73.20.010 proof of authority to take 73.20.010 sufficiency 73.20.010 Affidavits, army, navy, marine and coast guard officers authorized to take or administer 73.20.010 Census, excluded from enumeration of inhabitants Const. Art. 2 § 3 Cities of first class retirement system, military service credit 41.28.050 Depositions, army, navy, marine and coast guard officers authorized to take or administer 73.20.010 Federal missing persons act, written findings of federal officer or employee prima facie evidence 5.40.030 Licenses, moratorium during service 43.24.130 (2008 Ed.) SOLID WASTE MANAGEMENT Memorial to state residents, missing-in-action or died, southeast Asia 73.40.010, 73.40.030 Missing-in-action or died in southeast Asia memorial within the state capitol building 73.40.010, 73.40.030 Notary public duties, army, navy, marine and coast guard officers authorized to perform 73.20.010 Oaths and affirmations, army, navy, marine and coast guard officers authorized to take or administer 73.20.010 Police relief and pensions, military service credit 41.20.050 Power of attorney, death of armed forces, merchant marines, etc., member executing affidavit of agency as to knowledge of death 73.20.060 does not revoke or terminate agency 73.20.050 missing in action report not construed as actual knowledge 73.20.070 provision in power of attorney for revocation not affected 73.20.080 Quartering in private house forbidden, exception Const. Art. 1 § 31 Soldiers’ and sailors’ civil relief act of 1940 to apply in state courts 73.16.070 Statewide city employees’ retirement system, prior service credit 41.44.120 Teachers’ retirement system, military service credit 41.32.260 Tolling of statute of limitations of actions against 4.16.220 Vietnam memorial honoring those missing-in-action or those who died 73.40.010, 73.40.030 Washington soldiers’ home, See WASHINGTON SOLDIERS’ HOME Washington veterans’ home, See WASHINGTON VETERANS’ HOME SOLDIERS’ HOME (See WASHINGTON SOLDIERS’ HOME) SOLICITATION (See also CHARITABLE SOLICITATIONS) Automatic dialing devices, telephone solicitation using, prohibited 80.36.400 Insurance, See INSURANCE, subtitle Agents, brokers, and solicitors Jury duty, penalty 9.51.020 Motor vehicles, solicitation of cancellation of traffic citation 46.64.010 Telephone solicitation automatic dialing devices, prohibited 80.36.400 regulated 80.36.390 SOLICITORS (See INSURANCE, subtitle Agents, brokers, and solicitors) SOLID FUEL BURNING DEVICES Burning wood for heat, limitations 70.94.473 Emission performance standards 70.94.457 Limits on use 70.94.477 Opacity levels enforcement and public education 70.94.470 Residential and commercial construction 70.94.455 Sales fee, transmittal to education and enforcement account 70.94.483 Standards 70.94.455 SOLID WASTE Generally Ch. 70.95 Solid waste collection tax Ch. 82.18 SOLID WASTE COLLECTION COMPANIES Bond requirements 81.77.060 Certificate of convenience and necessity fees 81.77.050 issuance 81.77.040 requirements, procedure 81.77.040 Cities and towns, provisions do not apply to 81.77.020 Compliance with chapter 81.77.020 (2008 Ed.) cities and towns exempted 81.77.020 Curbside recycling reduced rates, customer eligibility for participation in 81.77.190 Definitions 81.77.010 Fees 81.77.080 Foreign or interstate commerce chapter application 81.77.100 Gross operating revenue annual statement and fee payment 81.77.080 Incinerator and landfill fees notice of changes 70.95.212 Insurance requirements 81.77.060 Jurisdiction of commission 81.77.0201 Motor vehicles carrying persons on outside of vehicle 46.61.660 Operating expenses fees, charges, and taxes considered normal operating expenses for rate-making purposes 81.77.170 Processing and marketing of recyclable materials private recycling businesses, utilization of, requirements 81.77.180 Rates fees, charges, and taxes considered normal operating expenses 81.77.170 notice of rate change 81.28.050 pass-through rates 81.77.160 suspension of tariff changes 81.04.130 Recyclable materials collection and transportation by recycling companies or nonprofit entities application of chapter 81.77 RCW 81.77.140 collection or transportation of source separated materials application of chapter 81.77 RCW 81.77.130 revenue sharing 81.77.185 Service to unincorporated areas of county 81.77.120 Supervision and regulation by commission 81.77.030 Temporary certificates 81.77.110 Violations, penalties 81.77.090 SOLID WASTE COLLECTION DISTRICTS Authorized, when 36.58A.010 Commission findings as to present services 36.58A.030 Establishment authorized 36.58A.010 county legislative authority determination required 36.58A.030 hearings, notice of, scope 36.58A.010 utilities and transportation commission investigation 36.58A.030 Fees county may collect fees of companies 36.58A.040 disposition 36.58A.040 subrogation, lien 36.58A.040 Modification or dissolution of 36.58A.010 hearings, notice of, scope 36.58A.020 SOLID WASTE DISPOSAL DISTRICTS Authorized boundaries 36.58.100, 36.58.130 Definitions 36.58.100 Dissolution 36.58.110 Establishment 36.58.110 ordinance 36.58.120 Excise tax lien for delinquent taxes and penalties 36.58.140 Fees 36.58.130 General obligation bonds 36.58.150 Hearings, notice 36.58.110 Levy 36.58.150 Lien delinquent taxes and penalties 36.58.140 Modification 36.58.110 Powers 36.58.130 Revenue bonds 36.58.150 Tax lien 36.58.140 Taxing authority 36.58.150 SOLID WASTE MANAGEMENT Beneficial uses permit exemptions 70.95.300 Boards of health, adoption of regulations and ordinances governing solid waste handling, requirement 70.95.160 Cities and towns acquisition and operation of systems, plants, sites, and facilities 35.92.020 classification of services and facilities for rates 35.92.020 collection and disposal systems 35.21.120, 35.21.130, 35.21.140, 35.21.150 collection of waste and recyclable materials 35.21.130 comprehensive solid waste management plan adoption, contents 70.95.080 contents 70.95.090 cost impact on rates, review by utilities and transportation commission 70.95.096 review and revision required 70.95.110 service levels, determination 70.95.092 technical review and approval by department of ecology 70.95.094 contracts for solid waste handling 35.21.120 liens creation 35.21.130 notice and foreclosure 35.21.140 priority 35.21.150 matching funds, effect of federal assistance 70.95.140 private vendors, contracts for handling systems, plants, sites, and facilities, selection requirements 35.21.156 Closure of landfill disposal facilities reserve account to cover costs required 70.95.215 Collection services, imposition of fee by county for compliance with comprehensive management plan 36.58.045 Composting food and yard wastes grants to local governments 70.95.810 Comprehensive solid waste management plan adoption by cities, contents 70.95.080 counties 70.95.080 contents 70.95.090 hazardous waste element not required 70.95.080 inclusion of city plan in county comprehensive plan 70.95.080 review and revision required 70.95.110 schedule of development by department 70.95.080 service levels, determination 70.95.092 technical assistance 70.95.100 technical review and approval by department of ecology 70.95.094 Contracts between counties and private vendors 36.58.040 Contracts between counties and vendors vendor selection 36.58.090 Contracts for state aid, contents 70.95.150 Counties comprehensive solid waste management plan 70.95.080, 70.95.096 contents 70.95.090 cost impact on rates, review by utilities and transportation commission 70.95.096 inclusion of city plans in county plan 70.95.080 review and revision required 70.95.110 service levels, determination 70.95.092 technical review and approval by department of ecology 70.95.094 disposal sites, acquisition 36.58.010 facilities and services, selection of providers competitive bid law inapplicable 36.32.265 matching funds, effect of federal assistance 70.95.140 [RCW Index—page 691] SOLID WASTE PROCESSING Definitions 70.95.030 Department of ecology additional powers and duties 70.95.260 comprehensive solid waste management plan duties relating to 70.95.080 technical assistance 70.95.100 cooperation with other public and private departments, agencies, and associations 70.95.265 filings with, ordinances and regulations by local boards of health 70.95.160 recycling and energy producing plans, development of 70.95.263 referendum 26 funds, use for recycling and recovery projects, authorized 70.95.267 staff services and facilities to be furnished to the advisory committee 70.95.050 state aid, duties relating to distribution of 70.95.130 Diversion of recyclable material, penalty 70.95.235 Energy recovery and incineration facilities closure, recordkeeping 70.95.720 environmental impact statement required 70.95.700 Enforcement financial aid for 70.95.220 matching funds by local government 70.95.230 Environmental excellence program agreement, effect 70.95.055 Environmental excellence program agreements Ch. 43.21K Facility siting permit review, issuance, appeal 70.95.185 review standards 70.95.165 Fertilizers waste-derived or micronutrient fertilizers, standards for use 15.54.820 Funds for local government projects authorized to disburse 70.95.268 Governor’s award of excellence 70.95.040 Handling facilities, permit requirements 70.95.170, 70.95.180 Handling facilities and services penalty for permit violations 70.95.315 permit exemptions 70.95.305, 70.95.310 public works statute inapplicable 39.04.175 Hazardous substance remedial action procedural requirements of chapter not applicable 70.95.270 Hazardous waste, counties need not address in comprehensive plan 70.95.080 Hazardous waste cleanup fees revision to provide waste reduction and recycling incentive 70.105A.035 Household waste reduction and recycling 70.95.600 Incineration facilities—Ash, See INCINERATION FACILITIES—ASH Incinerator and landfill operators ad hoc advisory committees 70.95D.051 certification incinerator facility operators 70.95D.040 incinerator facility owners and operators 70.95D.020 inspectors to be certified in same manner as operators 70.95D.070 landfill operators 70.95D.040 landfill owners and operators 70.95D.030 revocation 70.95D.060 definitions 70.95D.010 deposit of receipts in general fund 70.95D.110 director, department of ecology, authority to implement chapter 70.95D.080 fees notice of changes 70.95.212 inspectors certification, to be in same manner as operators 70.95D.070 penalties for violations 70.95D.100 unlawful acts 70.95D.090 [RCW Index—page 692] variances from requirements, request procedure 70.95D.090 vehicle load covering or securing required, fees authorized 70.93.097 Inert waste landfills 70.95.065 Landfills inert waste landfills 70.95.065 location 70.95.060 reserve account to cover costs of closure 70.95.215 Legislative finding 70.95.010 Livestock carcasses, composting 70.95.306 Local boards of health, adoption of rules, regulations, or ordinances governing solid waste handling, contents, filing with department 70.95.160 Local boards of health, contracts with department of ecology authorized 70.95.163 Management practices, stream analysis and evaluation 70.95.280, 70.95.285, 70.95.290, 70.95.295 Marine plastic debris, See PUBLIC LANDS Medical waste, incineration 70.95.710 Minimum functional standards implementation 70.95.075 Municipal pollution control facilities and bonding, See POLLUTION CONTROL MUNICIPAL BONDING Out-of-state waste importation disposal site facility reporting requirements 70.95.218 fees 70.95.218 legislative findings 70.95.217 Packaging containing metals certificate of compliance prohibition of sale without 70.95G.060 public access 70.95G.050 concentration levels 70.95G.020 definitions 70.95G.010 enforcement exemptions 70.95G.030 findings 70.95G.005 manufacturer’s certificate of compliance 70.95G.040 Penalty for civil infraction 70.95.240 Permits beneficial uses, permit exemptions 70.95.300 department deferring to other permits 70.95.310 handling permits, exemption criteria 70.95.305 penalty 70.95.315 Permits, solid waste disposal site suspension, grounds 70.95.200 suspension or denial, procedure, hearing, notice, appeal 70.95.210 Permits, solid waste handling facilities renewal 70.95.190 requirement 70.95.170, 70.95.180 Pollution control hearings board, jurisdiction and duties Ch. 43.21B Presumption, violations 70.95.250 Priorities 70.95.010 Purpose 70.95.020 Recyclable material diversion, penalty 70.95.235 Recyclers, solid waste financial assurance requirements 70.95.440 notice and report 70.95.430 Regulations and ordinances, by county, city, or jurisdictional board of health 70.95.160 Rules and regulations, standards for solid waste handling 70.95.060 Service agreements between counties and private parties 36.58.040 Service agreements between counties and vendors vendor selection 36.58.090 Sharps waste residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 Sharps waste collection 70.95.715 Site review standards conformance required 70.95.165 permit issuance, review, appeal 70.95.185 Sludge, See SLUDGE Solid waste advisory committee duties 70.95.040 membership 70.95.040 review of standards governing solid waste handling, criteria 70.95.070 staff services and facilities, provided by department 70.95.050 Solid waste plan advisory committee abolished 43.21A.680 Source separated materials private business involvement in plan development local solid waste advisory committee to examine 70.95.167 Standards for solid waste handling adoption by department 70.95.060 review by the advisory committee prior to adoption, criteria 70.95.070 State aid application for 70.95.130 contract for, contents, requirements 70.95.150 departments’ duties relating to 70.95.130 enforcement, state aid for, criteria 70.95.220 matching funds required from counties and cities, amount, effect of federal aid 70.95.140 State government recycled paper use, goals 70.95C.110 waste reduction and recycling program 70.95C.110 State solid waste management plan department of ecology, duties 70.95.260 Transportation vehicle load covering or securing required 70.93.097 Transporters damages 70.95.420 definition 70.95.400 recyclable materials, delivery to transfer station or landfill 70.95.410 Utilities and transportation commission, not to be affected by act 70.95.900 Vehicle batteries core charges 70.95.640 core deposits 70.95.630 noncompliance, issuance of warnings and citations, fines 70.95.660 persons accepting used vehicle batteries, identification procedure 70.95.620 restrictions, penalties for violations 70.95.610 retailers, acceptance of used batteries, notice 70.95.630 retailers’ notice, distribution by department of ecology 70.95.660 rule-making authority, department of ecology 70.95.670 wholesalers, acceptance of used batteries, suspension orders for noncompliance 70.95.650 Vehicle battery, defined 70.95.610 Vehicles, collection and recycling parking, standing, or stopping on roadway 46.61.560 Violations definitions, civil penalty 70.95.240 presumptions 70.95.250 Waste disposal facilities, bond issue Ch. 43.99F Waste reduction and recycling awards program development and implementation in public schools 70.95C.120 Waste stream monitoring 70.95.280 Waste-derived soil amendments, permit exemption 70.95.205 SOLID WASTE PROCESSING Cities and towns agreements 35.21.152 collection, disposal, processing, conversion, sales authority 35.21.152 compliance required with state solid waste management law 35.21.154 (2008 Ed.) SPORTS FRANCHISES private vendors, contracts for handling systems, plants, sites, and facilities, selection requirements 35.21.156 systems and plants operation 35.21.152 Contracts with private vendors 35.21.156 Service provider agreements bid requirements of cities and towns inapplicable 35.23.351 public works law inapplicable, limitations 35.22.625 SOLITARY CONFINEMENT Limitation on 10.64.060 SOLVENCY (See INSOLVENTS AND INSOLVENCY) SONGS State folk song 1.20.073 State song 1.20.070 SOUND AND VIDEO RECORDINGS (See TAPES AND RECORDINGS (AUDIO, VISUAL)) SPARK ARRESTER Operating engine or boiler without, penalty 9.40.040 SPAS, HOT TUBS Application of chapter, exceptions 70.90.250 Definitions 70.90.110 Sales, operating instructions and health caution required 70.90.240 SPECIAL ASSESSMENTS (See ASSESSMENTS; LOCAL IMPROVEMENTS AND ASSESSMENTS) SPECIAL COMMITMENT CENTER (See MENTALLY ILL, subtitle Sexually violent predators) SPECIAL FUEL (See also MOTOR VEHICLE FUEL) Business and occupation tax deduction 82.04.4285 Tax exemption 82.08.0255, 82.08.0256, 82.12.0256 Tax imposed Ch. 82.38 SPECIAL INQUIRY JUDGE (See also STATEWIDE SPECIAL INQUIRY JUDGE ACT) Criminal investigations duty of public attorney, petition for order to compel witness’ attendance 10.27.170 evidence, subpoenas to witness 10.27.140 related proceedings in other counties 10.27.190 Immunity from prosecution on basis of selfincriminating testimony 10.27.130 Proceedings arising from inquiry, disqualification, exceptions 10.27.180 Right to counsel 10.27.120 Self-incrimination, privilege against 10.27.120 Statewide special inquiry judge act Ch. 10.29 SPECIAL PROCEEDINGS Adoption, See ADOPTION Arbitration, See also ARBITRATION AND AWARD Arbitration, uniform act Ch. 7.04A Assignment for benefit of creditors, See ASSIGNMENT FOR BENEFIT OF CREDITORS Attachment, See ATTACHMENT Certiorari, See CERTIORARI Condemnation, See EMINENT DOMAIN Contempt, See CONTEMPT Ejectment and quieting title, See EJECTMENT AND QUIETING TITLE Eminent domain, See EMINENT DOMAIN Execution of judgments, See EXECUTION OF JUDGMENTS Garnishment, See GARNISHMENT Guardianship, See GUARDIANSHIP Habeas corpus, See HABEAS CORPUS Injunctions, See INJUNCTIONS (2008 Ed.) Liens, See LIENS Mandamus, See MANDAMUS Mediation, uniform act Ch. 7.07 Ne exeat, See NE EXEAT Nuisances, See NUISANCES Probate, See PROBATE Product liability actions, See PRODUCT LIABILITY ACTIONS Prohibition, See PROHIBITION, WRIT OF Quo warranto, See QUO WARRANTO Receivers, See RECEIVERS AND RECEIVERSHIPS Reference without consent 4.48.020 Replevin, See REPLEVIN Supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS SPECIAL PURPOSE DISTRICTS Annexation approval by boundary review board does not authorize other annexation action 36.93.155 Beach or lake management districts Ch. 36.61 Boundary review boards annexation approval does not authorize other annexation action 36.93.155 Combined city and county municipal corporations method of allocating state revenues 36.65.040 Credit card use for purchases, conditions 43.09.2855 Dissolution, See DISTRICTS, subtitle Dissolution of inactive special purpose districts Insurance risk management division, procurement 43.41.320 Lake or beach management districts Ch. 36.61 Liability of officials, members, immunity 4.24.470 Municipal research council research and services 43.110.080, 43.110.090 Officers prohibited acts 42.23.070 Sunrise laws Ch. 43.133 Tort claims against bond may not be required of local government entity for any purpose in any case 4.96.050 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Vacancy in nonpartisan governing body filling of vacancy 42.12.070 SPECIALTY CONTRACTORS (See CONTRACTORS) SPECIFIED DISEASE INSURANCE ACT (See INSURANCE, subtitle Specified disease insurance) SPEECH IMPAIRED PERSONS Interpreters at legal proceedings appointment Ch. 2.42 Telecommunications relay system for definitions 43.20A.720 program 43.20A.725 telephone relay system excise tax 43.20A.725 Telecommunications relay system for deaf and speech-impaired persons long distance discount rates required for service in conjunction with relay system 80.36.195 SPEECH THERAPISTS (See HEARING AND SPEECH SERVICES, subtitle Speech-language pathologists) SPEED LIMITS Alteration by local authorities 46.61.415 Cities and towns alteration by local authorities 46.61.415 maximums 46.61.400 minimums may be set 46.61.425 secretary of transportation 46.61.415 Counties alteration by local authorities 46.61.415 secretary of transportation 46.61.415 County roads, maximums 46.61.400 Curves, reduction of speed 46.61.400 Exceeding to pass slower moving vehicle 46.61.425 Hazardous conditions, lower speed required 46.61.400 Homeowners’ associations private roads, enforcement 46.61.419 Impeding traffic by slow speed, violation 46.61.425 Increase of local authorities 46.61.415 power of secretary of transportation 46.61.410 Intersections, reduction of speed 46.61.400 Limited access highways, increases by secretary of transportation 46.61.410 Lowering of maximums, power of secretary of transportation 46.61.405 Maximum speeds exceeding to pass slower moving vehicle 46.61.425 specified 46.61.400 Minimum speeds local authorities may set 46.61.425 rules for operation 46.61.425 secretary of transportation may set 46.61.425 Passing, exceeding speed limit to pass slower moving vehicle 46.61.425 Pedestrian traffic, reduction of speed 46.61.400 Playground crosswalks 46.61.440 Railroad crossings, reduction of speed 46.61.400 Reasonable and prudent rule 46.61.400 Reduction of speed hazardous conditions 46.61.400 local authorities 46.61.415 School crosswalks 46.61.440 Signs alterations effective when posted 46.61.410, 46.61.415 school or playground crosswalks 46.61.440 SPIRITS (See ALCOHOLIC BEVERAGES) SPOKANE Expo ’74, See EXPO ’74 SPOKANE COUNTY Boundaries, tracing of 36.04.320 Superior court judges, number of 2.08.061 SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE Board of directors, powers and duties 28B.38.020 Community, trade, and economic development, department of, responsibilities 28B.38.050 Cooperative agreements for programs and research 28B.38.040 Created, purpose 28B.38.010 Director, authority 28B.38.040 Facilities, availability to other higher education institutions 28B.38.060 Funds, authority to receive and expend 28B.38.070 Participating institutions, support from 28B.38.030 SPORTS (See ATHLETICS AND SPORTS) SPORTS FACILITIES Alcoholic beverages, sports/entertainment facility license 66.24.570 Local sales and use tax 82.14.049 Recycling 70.93.093 Stadium and exhibition center Ch. 36.102 Stadium and exhibition center bond issue Ch. 43.99N SPORTS FRANCHISES Hotel-motel tax revenue, use limited 67.28.184, 67.40.110 [RCW Index—page 693] SPRAYERS AND DUSTERS Ownership by city or county 35.21.695 SPRAYERS AND DUSTERS (See PESTICIDES) SPRINKLING SYSTEMS Damage caused by, See INSURANCE, subtitle Casualty insurance Fire sprinkler system contractors, See FIRE SPRINKLER SYSTEM CONTRACTORS SQUARE DANCE State dance 1.20.075 STADIUM, CONVENTION CENTER, AND ARTS FACILITIES (See also CONVENTION AND TRADE FACILITIES) Alcoholic beverages sports/entertainment facility license 66.24.570 Bonds general obligation, maturity, method of payment 67.28.150 revenue bonds 67.28.160 stadium and exhibition center bond issue Ch. 43.99N Capital improvement projects 67.28.180, 67.28.181 Cities and towns convention center facilities and structures funding shortfalls, special assessments, authority for 35.43.040 Cities and towns, public facilities districts authorized to acquire and operate regional centers Ch. 35.57 Conventions and trade shows hotel-motel tax King county and Seattle Ch. 67.40 Conveyance of or lease of for, authority 67.28.130 Cultural arts, stadium and convention districts Ch. 67.38 Declaration of purpose, necessity 67.28.140 Definitions 67.28.080 Eminent domain, authority 67.28.140 Joint participation, use of facilities 67.28.130 Lease of facilities, disposition of proceeds 67.28.170 Lodging tax advisory committee 67.28.1817 Multi-purpose community centers, See MULTIPURPOSE COMMUNITY CENTERS Multi-purpose stadia appropriation of money 67.30.040 bonds, revenue, limitation, retirement 67.30.030 costs, how paid 67.30.020 declaration of public purpose and necessity 67.30.010 joint participation by cities and counties 67.30.020 power to appropriate and raise money 67.30.040 powers additional and supplemental 67.30.050 generally 67.30.020 Powers are additional and supplemental 67.28.220 Prevailing wage compliance 67.28.225 Sale of facility 67.28.125 Stadium and exhibition center bond issue Ch. 43.99N construction agreements and property acquisition 36.102.100 debt limitation, exclusion 39.42.060 deferral of taxes, procedure 36.102.070 definitions 36.102.010 donated moneys 36.102.090 exemption from chapter 39.30 RCW requirements 39.30.070 financing Ch. 67.28 funding admission tax 36.38.010 information preparation and distribution 36.102.170 local sales and use tax 82.14.0494 [RCW Index—page 694] naming rights, use of revenues 36.102.080 property acquisition and sale 36.102.110 public stadium authority advisory committee, responsibilities 36.102.040 board of directors 36.102.030, 36.102.120, 36.102.140 confidentiality of financial information 36.102.200 deferral of taxes, procedure 36.102.070 employees, wages and benefits 36.102.180 liability insurance 36.102.150 officers and employees, expenses 36.102.130 powers and duties 36.102.020, 36.102.050, 36.102.060 service provider agreements, procedures 36.102.190 suits, claims, or proceedings, defense and costs 36.102.160 State convention and trade center Seattle Ch. 67.40 Taxation and revenue collection of special tax 67.28.200 exemptions 67.28.186, 67.28.200 lodging tax authority, conditions 67.28.180 lodging tax, credit against tax on same lodging 67.28.1801 special excise tax authority, limitation 67.28.181 homeless lodging exempt 67.40.105 special excise taxes homeless lodging exempt from taxes 67.28.183 Tourism facilities 67.28.120 promotion 67.28.1816 revenue, special fund 67.28.1815 Tourism-related facilities financing Ch. 67.28 STADIUM AND EXHIBITION CENTER (See STADIUM, CONVENTION CENTER, AND ARTS FACILITIES) STAGES (See BUSES) STALKING Defined 9A.46.110 Juvenile offenders discharge, release, transfer or escape notice 13.40.215 STAMPS County licenses Ch. 19.83 Revenue intoxicating liquor, See ALCOHOLIC BEVERAGES, subtitle Revenue stamps Salmon stamp program, purpose and procedures 77.12.850, 77.12.852, 77.12.854, 77.12.856, 77.12.858, 77.12.860 Trading stamps and premiums, regulation Ch. 19.84 STANDARD NONFORFEITURE LAW (See INSURANCE, subtitle Life insurance, standard nonforfeiture law) STANDARD TIME Daylight saving time observance 1.20.051 Requirement of and exception 1.20.050 STANDARD VALUATION LAW (See INSURANCE, subtitle Standard valuation law) STATE Accountancy board, See ACCOUNTANTS Actions against appeals to supreme court or court of appeals 4.92.030 attorney general, duties counsel for state 4.92.030 receipt of service 4.92.020 authorized Const. Art. 2 § 26 bonds not required of state 4.92.080 consent to be sued 4.92.090 elected officials, defense by state 4.92.060, 4.92.070 judgments against interest on 4.56.115 satisfaction without execution, payment procedure 4.92.040 jurisdiction 4.92.010 limitation of actions 4.92.050 officers, employees, volunteers, defense by state 4.92.070 officers, employees, volunteers, foster parents, defense by state 4.92.060 procedure 4.92.030 risk management program advisory committee, membership and duties 4.92.230 claim tracking and review 4.92.210 construction of chapter 4.92.260 definitions 4.92.006 indemnification agreements 4.92.270 risk management administration account 4.92.220 risk manager, delegation of powers and duties 4.92.250 rulemaking authority of director of general administration 4.92.240 settlements, approval by responsible agency 4.92.210 service of summons and complaint 4.92.020 state warrant appearing to be redeemed, claim required, time limitation 4.92.200 tortious conduct assignment of claims permitted 4.92.120 attorney general authorized to settle, compromise and stipulate for judgment against state 4.92.150 consent to be sued given 4.92.090 contents of claims 4.92.100 damages, liability of state 4.92.090 judgment, copy sent to risk management office 4.92.040 jurisdiction 4.92.010 minors filing claim, procedure 4.92.100 nonresident filing claim, procedure 4.92.100 payment of claims and judgments procedure 4.92.160 presentment and filing of claims 4.92.100, 4.92.110 tort claims liability account, prerequisites to payments from 4.92.130 venue 4.92.010 verification of claims 4.92.100 Administrative procedure, See ADMINISTRATIVE PROCEDURE Aeronautics commission, See AERONAUTICS COMMISSION Agencies commute trip reduction 43.01.220, 43.01.225, 43.01.230 compliance with comprehensive land use planning by cities and counties 36.70A.103 disclosure of records, See PUBLIC OFFICERS AND EMPLOYEES, subtitle Disclosure—Campaign financing— Lobbying—Records newly incorporated city or town duty to assist during interim 35.02.270 paper products purchased specifications established 39.24.050 recycled products procurement, notice of requirements 43.19A.080 procurement requirements Ch. 43.19A recycled products procurement strategy 43.19A.050 submission of interlocal cooperation agreements to 39.34.050 Appropriation, state funds Const. Art. 8 § 4 Archives, See SECRETARY OF STATE Art, works of, acquisition for public buildings and land, declaration of policy 43.46.090 Attorney general, See ATTORNEY GENERAL Attorneys, employment of 43.10.067 (2008 Ed.) STATE Auditing services revolving fund direct payment from state departments 43.09.418 Automotive pool transfer to motor vehicle transportation service 43.19.595 Bidding rules for preference reciprocity 43.19.704 Boards, board of supervisors (school district building plans) 28A.335.270 Bond issues capital improvement Ch. 43.83 industrial development projects Const. Art. 32 §1 mutual savings banks authorized to invest in 32.20.050 revenue bonds, interest rate greater than authorized rate, issuance legal 39.90.050 savings and loan associations, investment in 33.24.030, 33.24.090 statewide city employees’ retirement system, investment in 41.44.100 uniform facsimile signature of public officials act Ch. 39.62 Bonds, notes and other evidences of indebtedness anticipation notes issued when 39.42.050 payment 39.42.050 certificate of indebtedness issued when 39.42.090 retirement 39.42.090 disposition of proceeds from sale of bonds 39.42.040 effective date 39.42.900 evidences of indebtedness action to contest before delivery 39.42.100 amount of, determination of 39.42.030 copy of resolution authorizing, issuance filed 39.42.100 defects not to affect validity 39.42.100 issuance 39.42.020 limitation on issuance of 39.42.060 computation of amount to pay on debt 39.42.060 as negotiable instruments, security for deposits 39.42.110 signature 39.42.020 excess earnings account 39.42.120 expiration 39.42.900 general state revenues computation of 39.42.070 estimate of debt capacity 39.42.070 filing of certificate 39.42.070 obligations allowable under debt limitation 39.42.080 scope 39.42.010 state finance committee, duties and powers 39.42.030 Boundaries Const. Art. 24 § 1 Building code, See BUILDING CODE Building construction accounts, certain abolished transfer of residue or credit 43.79.441 Buildings interagency reimbursement for expenditure by visual arts program 43.17.205 life-cycle cost analysis Ch. 39.35 mandatory acquisition of works of art in original construction 43.17.200 preference right to blind persons to operate vending stands within 74.18.220 programs and designs, powers and duties of engineering and architecture division 43.19.450 purchase of works of art 43.17.210 state building authority Const. Art. 8 § 8 works of art, acquisition procedure 43.19.455 Buildings, facilities energy audits definitions 43.19.670 implementation plan 43.19.680 lease terms 43.19.685 requirement, completion dates 43.19.675 (2008 Ed.) landscape objectives to include energy conservation 43.19.682 tree plantings for energy conservation encouraged 43.19.668 Capital improvement bond issues Ch. 43.83 Central stores advance payments of agencies to 43.19.1925 combined purchases 43.19.1925 exchange of property between agencies 43.19.1921 general administration services account 43.19.1923 repair and maintenance of equipment 43.19.1921 warehouses, establishment and maintenance 43.19.1921 Cession to United States of exclusive legislation over certain lands Const. Art. 25 § 1 reservation of right to serve process Const. Art. 25 § 1 Checks, See CHECKS AND DRAFTS Civil defense, See EMERGENCY SERVICES, DEPARTMENT OF Civil service for state employees, See CIVIL SERVICE, subtitle State Claims against payment procedure 4.92.040 Compact with United States Const. Art. 26 § 2 Condemnation by state, See EMINENT DOMAIN Confession of judgment by, who may confess for 4.60.020 Conservation, preservation interest in land acquisition authorized 64.04.130 conveyance, form 64.04.130 Continuity of government in event of enemy attack Const. Art. 2 § 42 definitions 42.14.010 governor, succession to office of 42.14.020 interim successors to state offices 42.14.060 legislators calling into session 42.14.030 proportional voting 42.14.030 quorum requirement dispensed with 42.14.030 reduction in number 42.14.030 sessions during emergency 42.14.030 Contracts architectural and engineering services Ch. 39.80 debts and obligations declared legal despite interest rates 39.90.060 interest due when payment is not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 Contracts for public works, See PUBLIC WORKS Contracts made in excess of appropriation void, exception 43.88.130 Conveyances of fee title by the state or political subdivision, recording by grantor at time of delivery required, effect 65.08.095 Convict labor Const. Art. 2 § 29 Corporations, ownership of stock in or loaning credit to, prohibited Const. Art. 12 § 9 Costs against 4.84.170 Counties improvements for flood control causing river to change course, title and interest of state in abandoned channel granted to improving county 86.12.034 Credit not to be loaned Const. Art. 8 § 5 Daily remittance of moneys collected to state treasury 43.01.050 Debts declared legal despite interest rate 39.90.060 elections, to authorize Const. Art. 8 § 3 exclusions from debt limit 39.42.060 housing finance commission 43.180.160 housing finance commission bonds not debt of state 43.180.030 limitation, computation 39.42.060 limitation on power Const. Art. 8 § 1, Const. Art. 8 § 2 money raised, how applied Const. Art. 8 § 1 power to contract Const. Art. 8 § 1 Debts owed to state interest rate, exceptions 43.17.240 Disabled state employees, continuation of insurance coverage 41.05.080 Documents, See RECORDS AND DOCUMENTS Economic opportunity type programs, participation in 43.06.110 Education, duty to provide for all children Const. Art. 9 § 1 Elections debts to authorize Const. Art. 8 § 3 Elective officials oath of office 43.01.020 terms of office 43.01.010 Eminent domain, See EMINENT DOMAIN Employees civil service exempt position right of reversion 41.06.070 exemptions 41.06.070 performance evaluation procedures 41.06.169 terminate supervisor who tolerates deficiencies 43.01.125 termination of employment 41.06.186 termination of supervisor who tolerates inadequacies 41.06.196 written notice of deficiencies 41.06.176 Employees, See also STATE, subtitle Officers and employees civil service, See also CIVIL SERVICE, subtitle State Employees payroll, procedure 42.16.010, 42.16.011, 42.16.012, 42.16.013, 42.16.014, 42.16.015, 42.16.016, 42.16.017 Employees payroll, procedure, generally retirement system, See RETIREMENT AND PENSIONS, subtitle Public employees retirement system Employment applications, requirement upon for disclosure of race or religion prohibited, penalty 43.01.100 Excess earnings account 39.42.120 Executive department officers, election of Const. Art. 3 § 1 records of to be kept by secretary of state Const. Art. 3 § 17 Federal funds and programs, notice to director of office of financial management, legislative audit and review committee progress reports 43.88.205 Federal surplus property acquisition, See FEDERAL SURPLUS PROPERTY Ferries joint acquisition with counties 36.54.020 Finance committee, See STATE FINANCE COMMITTEE Financing contracts, See FINANCING CONTRACTS Fire protection services, provision by contract to state-owned property 35.21.775 arbitration in the event of continued impasse between parties to contract negotiations 35.21.779 consolidation of contract negotiations with multiple state agencies 35.21.779 existing contracts not abrogated 35.21.778 notification to department of community, trade, and economic development and affected agencies of intent to enter into contract negotiations 35.21.779 Fiscal agent, See FISCAL AGENTS Fiscal biennium 1.16.020 Fiscal matters, See STATE FISCAL MATTERS [RCW Index—page 695] STATE Flood control maintenance, See FLOOD CONTROL, subtitle State participation in maintenance Funds, See FUNDS; PUBLIC FUNDS Garnishment enforcement against 6.27.040 subject to, when 6.27.040 Governor, See GOVERNOR Harbors, restriction on sale of lands or rights in Const. Art. 15 § 1 Health care, See HEALTH CARE AUTHORITY Health care programs and insurance for state employees and officials continuation of coverage of employee, spouse, or dependent ineligible under 41.05.090 cooperative extension service, certain employees, chapter not applicable to 41.05.100 employee, spouse, or dependent ineligible under, continuation of coverage 41.05.090 Highways, See HIGHWAYS Housing for state offices, departments and institutions, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Housing for state offices, departments and institutions Indebtedness certain losses in state educational funds assumed as state debt Const. Art. 9 § 5 limit of aggregate debt, repayment rate, maximum term Const. Art. 8 § 1 state may contract debts to meet Const. Art. 8 §1 Indian or government lands, disclaimer of title to Const. Art. 26 § 2 Industrial development projects nonrecourse revenue bonds or obligations, authorized Const. Art. 32 § 1 In-state preference clauses—reciprocity bidding, rules for reciprocity 43.19.704 intent 43.19.700 list of preference statutes of other states 43.19.702 Institutions, support of Const. Art. 13 § 1 Insurance commissioner, See INSURANCE COMMISSIONER Investment board Ch. 43.33A Investments, public pension and retirement funds, authorized investments Const. Art. 29 §1 Licenses, See LICENSES Lieutenant governor, See LIEUTENANT GOVERNOR Limitation of actions application of statute of limitations to actions by 4.16.160 penalties 4.16.115 statutory forfeitures and penalties to the state 4.16.100 Lost or destroyed warrants, instruments, or other evidences of indebtedness, issuing officer to issue duplicates 43.08.064 conditions on issuance 43.08.066 records to be kept, cancellation of originals, notice 43.08.068 Management procedures terminate supervisor who tolerates deficiencies 43.01.125 Moneys collected daily remittance to state treasury 43.01.050 liability of officers on bond for noncompliance 43.01.070 statement as to source 43.01.050 treasurer’s duty on default 43.01.060 undistributed receipts account, deposit into, when 43.01.050 Motor vehicle fund distribution of statewide fuel taxes 46.68.090 distribution of statewide taxes 46.68.110 distribution to state for highway purposes 46.68.130 Motor vehicles gasohol, use of 43.41.130 [RCW Index—page 696] state owned, official use only 43.01.150 Motor vehicles, See also GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Motor vehicle transportation service division Navigable waters, state ownership of beds and shores Const. Art. 17 § 1 Oath of office of state elective officials 43.01.020 Officers and employees abolition of certain offices by legislature Const. Art. 3 § 25 actions against, defense by state 4.92.060, 4.92.070 advance payment of travel expenses advance warrants, issuance, limitations 43.03.170 advances, construction 43.03.200 authorized 43.03.150 default in repayment of unexpended advance 43.03.180 department, defined 43.03.160 director of office of financial management to prescribe rules and regulations 43.03.210 itemized travel expense vouchers, submission 43.03.180 lien until proper accounting or repayment of advance 43.03.190 repayment of unexpended advance 43.03.180 rules and regulations, adoption by director of office of financial management 43.03.210 vouchers, itemized, submission of 43.03.180 warrants for advance, issuance, limitation 43.03.170 appointive officers, removal by governor, grounds 43.06.070 attendance incentive program remuneration or benefits for unused sick leave 41.04.340 compensation not to be changed during term Const. Art. 2 § 25 elected officials actions against, defense by state 4.92.060, 4.92.070 elections Const. Art. 6 § 8 contested Const. Art. 3 § 4 time of Const. Art. 6 § 8 eligibility Const. Art. 3 § 25 employees’ suggestion program Ch. 41.60 expenses and per diem allowances for meals, coffee, and light refreshments at meetings 43.03.050 lieutenant governor when acting governor, per diem 43.03.020 maximum amount 43.03.050 moving expenses 43.03.110 expenses and per diem, See also EXPENSES AND PER DIEM hospitalization and medical aid for employees and dependents choice of plan or policy to be offered 41.04.180 contracts with health care service contractors authorized 41.04.180 costs not additional compensation, payment of premiums 41.04.190 employer contributions 41.04.180 impeachment, who subject to Const. Art. 5 § 2 information to be furnished to governor Const. Art. 3 § 5 insurance for while passengers on, crew, of nonscheduled aircraft flight 43.01.120 mileage allowance amount 43.03.060 motor vehicles, state owned, official use only 43.01.150 moving expenses employees 43.03.110 new employees 43.03.120 oath of office 43.01.020 passes, acceptance and use prohibited Const. Art. 2 § 39, Const. Art. 12 § 20 personal motor vehicles, use on state business 43.19.630 purchasing, acceptance of benefits or gifts by state officers prohibited, penalties 43.19.1937 qualifications Const. Art. 3 § 25 relocation compensation 43.03.125 resignation, to whom made 42.12.020 salaries department heads and others, maximum salaries 43.03.040 elective state officers 43.03.010 increase or reduction in salary of appointive officer or employee 43.03.030 state committee on agency officials’ salaries 43.03.028 salaries and wages, See also SALARIES AND WAGES sick leave, unused, remuneration or benefits for 41.04.340 sick leave payments accounting plan, payroll procedure development 41.48.130 agency sick leave authority 41.48.140 employee, defined 41.48.150 legislative intent 41.48.110 retirement system reports 41.48.180 sick leave account created 41.48.120 transfer of moneys to sick leave account 41.48.170 unused sick leave compensation 41.48.180 supreme court jurisdiction as to state officers, writs 2.04.010 terms Const. Art. 3 § 3 travel expenses, prospective employees 43.03.130 vacations accrual 43.01.040 accumulation in excess of 30 days 43.01.044 amount entitled to 43.01.040 computation of 43.01.040 extension for deferred leave 43.01.040 part time employees 43.01.040 rules and regulations 43.01.043 severance of employment effect 43.01.041 transfers, effect upon 43.01.040 Officers and employees, See also PUBLIC OFFICERS AND EMPLOYEES Offices, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Housing for state offices, departments and institutions Organized crime advisory board 43.43.858, 43.43.860, 43.43.862, 43.43.864, 43.43.866 Out-of-state witnesses uniform act, definition 10.55.010 Personal service contracts, See PUBLIC WORKS, subtitle Personal service contracts Property disposal of surplus hearing, notice requirements 39.33.020 exchange with federal government, municipality, or political subdivision authorized 39.33.010 fire protection contracts for buildings or equipment in or adjacent to fire protection district 52.30.020 fire protection districts, benefit to, payment 52.30.020 intergovernmental disposition of 39.33.010, 39.33.090 hearing, notice requirements 39.33.020 inventory of state equipment by all state agencies, including educational institutions 43.19.1917 lease to federal government, municipality, or political subdivision authorized 39.33.010 sale, exchange of unneeded personal property 43.19.1919 sale to federal government, municipality, or political subdivision authorized 39.33.010 (2008 Ed.) STATE AUDITOR transfer to federal government, municipality, or political subdivision authorized 39.33.010 Property, See also PUBLIC LANDS Public broadcasting commission, See WASHINGTON STATE PUBLIC BROADCASTING COMMISSION Public buildings visual arts program established 43.46.090 state art collection 43.46.095 Public buildings and land, art, works of, acquisition for, declaration of policy 43.46.090 Public lands commissioner, See PUBLIC LANDS, subtitle Commissioner of public lands Public school system, provide for Const. Art. 9 § 2 Public schools, assumption of duty of establishing Const. Art. 26 § 4 Public works, See PUBLIC WORKS Publications gender-neutral terms 43.01.160 Purchases acceptance of gifts or benefits by employees prohibited, penalties 43.19.1937 bids bond of bidder 43.19.1915 competitive bids required, exceptions 43.19.1906 letting of contract 43.19.1911 life cycle cost 43.19.1911 low bidder claiming error, prohibition on later bid for same project 43.19.1914 lowest bidder 43.19.1911 modification or cancellation 43.19.1911 rejection grounds 43.19.1913 solicitations 43.19.1908 violations concerning, penalty 43.19.1939 blind made products 19.06.020 central stores advance payments of agencies to 43.19.1925 combined purchases 43.19.1925 warehouses, establishment and maintenance 43.19.1921 compliance by state officers, employees, etc., required 43.19.200 division of purchasing, powers and duties 43.19.190 emergency purchases by state officers, etc. 43.19.200 estimates, required of state officers, etc. 43.19.200 insurance and bonds 43.41.310 interest due when payment is not timely attorney fees 39.76.040 exceptions 39.76.020 requirement 39.76.010 source of funds for payment of penalties 39.76.030 prison work programs purchase of goods and services required, exceptions 43.19.534 Purchases of magazines, periodicals, books, postage, subscriptions, methods for payment of 42.24.035 Purchasing, See GENERAL ADMINISTRATION, DEPARTMENT OF; PUBLIC PURCHASES Purchasing advisory committee, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle State purchasing advisory committee Quo warranto proceedings, escheats and forfeitures to state 7.56.120 Real property, See GENERAL ADMINISTRATION, DEPARTMENT OF, subtitle Housing for state offices, departments and institutions Recycled products procurement definitions 43.19A.010 purpose 43.19A.005 (2008 Ed.) strategy for state agencies 43.19A.050 Refunds of fees or payments authorized 43.01.072 limitation 43.01.075 voucher for 43.01.073 warrant for 43.01.074 Regulatory fairness, See REGULATORY FAIRNESS Regulatory reform, See REGULATORY REFORM Reports annual to governor, period covered 43.01.035 biennial to legislature, period covered 43.01.035 periods to be covered 43.01.035 Retired state employees, continuation of insurance coverage 41.05.080 Retirement and pensions, investment of public pension and retirement funds, authorized investments Const. Art. 29 § 1 Rights, actions, etc. in territory continue after statehood Const. Art. 27 § 1 Roads, opening or altering by special law, prohibited, exceptions Const. Art. 2 § 28 Rules gender-neutral language 43.01.160 Salaries and wages, increase during term, when authorized Const. Art. 30 § 1 Savings and loan association, state may be member of 33.20.060 Schools, state aid to, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Apportionment of state funds; SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid Seal, See STATE SEAL Sewerage, water and drainage systems, counties, submission of plans to for approval, certain state departments 36.94.100 Small works roster, See PUBLIC WORKS, subtitle Small works roster Social and health services, department of, See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF State auditor, See STATE AUDITOR Storm water control facilities public property subject to rates and charges 35.67.025, 35.92.021 rates and charges public property subject to 36.89.085, 36.94.145 Suits against, legislature to authorize Const. Art. 2 § 26 Superintendent of public instruction, See SUPERINTENDENT OF PUBLIC INSTRUCTION Tax revenue limitation, See TAX REVENUE LIMITATION Taxation exemption of state property from taxation Const. Art. 7 § 1 Title in lands patented by United States disclaimed by Const. Art. 17 § 2 Treasurer, See STATE TREASURER United States corporation bonds, investment of public and trust funds in 39.60.010 Valuable materials on state lands, sale of Const. Art. 16 § 3 Vehicles confidential license plates 46.08.066 marking requirements, exceptions 46.08.065 remarking of previously marked vehicles 46.08.068 violations of license plate or marking requirements 46.08.067 Volunteers attorney general to provide defense 4.92.060, 4.92.070 defined 4.92.005 Vouchers, refund of fees or payments, voucher for 43.01.073 Warrants call of unpaid warrants 43.08.080 cancellation for nonpresentment 43.08.062 cash or demand deposits for, duty to maintain 43.08.135 issuance of new warrant when old canceled 43.08.062 no funds to pay, indorsement, interest 43.08.070 presentment, time limit 43.08.062 refund of fees or payments, warrant for 43.01.074 when appearing to be redeemed, claim required, time limitation 4.92.200 willfully refusing to pay, exceptions, recovery 43.08.130 Warrants, See also STATE FISCAL MATTERS, subtitle Warrants STATE ACTUARY, OFFICE OF Actuarial fiscal notes 44.44.040 American academy of actuaries 44.44.030 Budget and accounting system deemed legislative branch for purposes of 43.88.230 Created 44.44.010 Employment authority 44.44.030 Powers and duties 44.44.040 State actuary appointment committee 44.44.013 qualifications 44.44.010 STATE AGENCIES (See STATE DEPARTMENTS AND AGENCIES) STATE AGENCIES AND DEPARTMENTS Commute trip reduction collective bargaining 70.94.555 STATE AMPHIBIAN Pacific chorus frog 1.20.150 STATE ARBORETUM Designated 1.20.120 STATE ARCHIVES (See SECRETARY OF STATE) STATE ARTS COMMISSION Art, works of, purchase colleges and universities 28B.10.025 school construction 28A.335.210 Art as a concern of state government 43.46.005 Chairperson 43.46.040 Compensation 43.46.040 Development of arts and humanities 43.46.055 Employees 43.46.045 Established 43.46.015 Executive director, employees 43.46.045 Gifts and grants 43.46.060 Membership 43.46.015 Powers and duties 43.46.050 Quorum 43.46.040 Report to governor 43.46.070 Terms of office 43.46.030 Travel expenses 43.46.040 Vacancies 43.46.030 Visual arts program allocation of funds by agencies 43.17.200 director of general administration to have consultant duties 43.19.455 established 43.46.090 funding 28B.10.027 interagency reimbursement for expenditure 43.17.205 maintenance costs 43.19.455 purchase of works of art 43.17.210 state art collection 43.46.095 Works of art acquisition for public buildings and land, declaration of state policy 43.46.090 acquisition procedure, original building construction 43.19.455 STATE AUDITOR Accounts and accounting collectors of revenue, audit of accounts 43.09.050 general accountant of state 43.09.020 keeper of records pertaining to 43.09.020 [RCW Index—page 697] STATE BAR ACT persons indebted to state, audit of accounts by 43.09.050 Administrative rules municipal corporations secretary of state service charges 43.09.281 Administrator for the courts act, warrants drawn by 2.56.090 Agency petty cash account, post audit duties 42.26.080 Assistant directors appointment 43.09.025 Association of county officers, audit of financial records 36.47.060 Auditing services revolving account allocation of costs 43.09.416 allocations and transfers 43.09.412 created, purposes 43.09.410 disbursements 43.09.414 Auditing services revolving fund direct payment from state departments 43.09.418 Audits accounts of collectors of revenue 43.09.050 agency-controlled funds and accounts 43.09.420 association of county officials 36.47.060 contracts with certified public accountants 43.09.045 local funds and accounts 43.09.420 malfeasance or nonfeasance in office, attorney general’s duties 43.09.330 nongovernmental entities with state contracts or grants 43.09.055, 43.09.065 persons indebted to state 43.09.050 post-audit state auditor’s accounts and books 43.09.340 post-audit of state agencies definitions 43.09.290 frequency, reports 43.09.310 public ports association 53.06.060 revolving funds and accounts 43.09.420 state auditor’s accounts and books 43.09.340 Biennial budgets code cities accounting system, state auditor duties 35A.34.190 Bonds, See STATE AUDITOR, subtitle Official bond Budget and accounting system, state powers and duties 43.88.162, 43.88.210 Cities and towns biennial budgets, duties 35.34.190 classification of accounts 35.33.041 copy of to be submitted to state auditor 35.33.075 street expenditures, accounting and reporting procedure, establishment of system 35.76.020, 35.76.030 Cities and towns under 300,000, supervision of budget 35.33.111 Copies of papers and documents authenticated by, receipt in evidence 43.09.180 County auditor as ex officio deputy 36.22.140 County budgets, rules, classifications, and forms 36.40.220 County road engineer’s records 36.80.080 Deputies appointment 43.09.025 Disbursement of public funds, duties transferred to state treasurer 43.88.210 Disclosure during audit of malfeasance or nonfeasance in public office, attorney general’s duties 43.09.330 Disclosure of rules warranting review, employee encouragement and protection Ch. 42.40 District court financial recordkeeping requirements 3.30.070 Duties, generally Const. Art. 3 § 20 Efficiency hotline, toll-free 43.09.186 Election of Const. Art. 3 § 1 Expenses of school officials attending meetings, rules for advancement of by 28A.320.050 General accountant of state 43.09.020 [RCW Index—page 698] Highway construction bonds and coupons, auditor to sign 47.10.030, 47.10.170, 47.10.300, 47.10.430, 47.10.708 Highway funds, generally, auditor’s powers and duties relating to Ch. 47.08 Improper governmental action disclosure, employee encouragement and protection Ch. 42.40 Irrigation districts, audit of records 87.68.100 Legislature annual report to required 43.09.050 information furnished to 43.09.050 Local government accounting annual financial reports 43.09.230 duty of public officers and employees to keep accounts and make reports 43.09.240 examination of financial affairs 43.09.245, 43.09.260 expenses, payment 43.09.270, 43.09.280, 43.09.2801 local government administrative hearings account, additional fee to fund 43.09.2801 municipal revolving account 43.09.282 payment of funds collected 43.09.240 public service industries accounts 43.09.220 public works cost records 43.09.205 subpoena power 43.09.260 tax levies, review 43.09.265 uniform system 43.09.200 violations of accounting and reports requirements 43.09.240 Local government self-insurance authority immunity for disclosure of information required by state risk manager or state auditor 48.62.171 preexisting programs, notice to auditor required 48.62.131 Loss of public funds, report 43.09.185 Lottery annual post-audit 67.70.290 Municipal corporations secretary of state charges administrative rules 43.09.281 Municipal corporations accounting appropriations accounting for separately 43.09.210 unexpended balances 43.09.210 separate accounts for each appropriation, fund, and department, etc. 43.09.210 street expenditures of cities and towns accounting and reporting procedures 35.76.030 transfers of property or services between departments or institutions 43.09.210 Nursing homes, use of public funds for 74.09.600 Oath of office 43.01.020, 43.09.010 Oaths administered by 43.09.170 Office may be abolished by legislature Const. Art. 3 § 25 Official bond amount of 43.09.010 Officials’ delinquencies prosecution directed to attorney general by state auditor 43.10.035 Performance audits account 43.09.475 appropriation, budget request 43.09.460 audit of performance audit program 43.09.450 citizen advisory board 43.09.435 comprehensive performance audits 43.09.470, 43.09.471 definitions 43.09.430 follow-up and corrective action 43.09.455 joint legislative audit and review committee, collaboration 43.09.440 local jurisdictions 43.09.445 Personal service contracts audits and investigative findings 39.29.130 Personnel appointment 43.09.035 Port district toll facilities, bonds and notes 53.34.140 Port districts, trade centers, duties concerning 53.36.150 Powers and duties, generally 43.09.050 Prosecutions for official delinquencies directed to attorney general 43.09.050 Public assistance accounting duties 74.04.270 Public blanks used in counties, prescribed by 36.72.080 Public meetings, notices of, contained in state register 34.08.020 Public ports association, audit of records 53.06.060 Puget Sound ferry system, auditor’s powers and duties relating to Ch. 47.60 Records duplicate warrants 43.08.068 kept by 43.09.020 residence, at state capital Const. Art. 3 § 24 Records committee, member of 40.14.050 Residence requirement Const. Art. 3 § 24 Salary, amount of 43.03.010, Const. Art. 3 § 20 School officers or representatives, expenses of, advancement of, promulgation of rules and regulations concerning 28A.320.050 Seal 43.09.180 Subpoena power 43.09.165 Succession to office of governor Const. Art. 3 § 10 Term of office 43.01.010, Const. Art. 3 § 3 Toll bridges bonds, auditor to sign 47.56.140 improvement of existing bridge and construction of new bridge as single project, auditor’s powers and duties relating to Ch. 47.58 Warrants administrator for the courts 2.56.090 duplicate warrants conditions for issuance 43.08.066 lost or destroyed warrant, issuance of 43.08.064, 43.08.066, 43.08.068 record of to be kept 43.08.068 issuance of duplicate warrant when old lost or destroyed 43.08.064, 43.08.066, 43.08.068 new warrant when old canceled for nonpresentment 43.08.062, 43.08.064 lost or destroyed warrants conditions for issuance of duplicate warrant 43.08.066 duplicate warrant issued for 43.08.064, 43.08.066, 43.08.068 record of to be kept 43.08.068 presentment 43.08.062 Warrants or bonds of municipal corporations lost or destroyed, state auditor to be notified of issuance of duplicate 39.72.020 Whistleblowers employee encouragement and protection Ch. 42.40 investigation of reports of improper governmental activity 43.09.050 STATE BAR ACT Generally Ch. 2.48 STATE BAR ASSOCIATION (See BAR ASSOCIATION) STATE BASE MAPPING SYSTEM (See MAPS AND MAPPING) STATE BIRD Designated 1.20.040 STATE BOARD OF EDUCATION Adult education transfer of powers of superintendent of public instruction and state board of education to state board for community and technical colleges 28B.50.912 Adult education programs, authority 28B.50.250 Basic education act program, rules 28A.150.220 waivers for restructuring educational program 28A.305.140 (2008 Ed.) STATE DEPARTMENTS AND AGENCIES application process 28A.305.145 waivers to implement local educational excellence programs application process 28A.305.145 Buildings and plants, state aid common school plant facilities aid consultation and advisory services to districts 28A.525.176 Corrupt practices members, penalty 28A.635.050 Educational excellence, local plans waivers of basic education act application process 28A.305.145 Educational service districts board members, restriction on service 28A.310.070 boundaries, changes in, board’s duties 28A.310.020, 28A.310.140 budgets, state funds needed for, certified to 28A.310.200 budgets of, approval by 28A.310.390 delegation of board’s authority to districts 28A.310.480 formation of system by state board 28A.310.020 purpose 28A.310.010 state funds to be allocated to certified by 28A.310.370 Educational staff associates continuing education requirements, acceptance of credits 28A.415.060 Essential academic learning requirements 28A.305.215 General educational development test eligibility rule-making authority 28A.305.190 Graduation requirements establishment by board 28A.230.090 Immunization program for school children, rules 28A.210.160 Mathematics advisory panel 28A.305.219 Membership elections 28A.305.021 joint report to legislature 28A.305.035 powers and duties generally 28A.305.130 transfer 28A.305.900, 28A.305.901, 28A.305.902 terms, compensation 28A.305.011 Rules basic education act 28A.150.220 enforcement by school board of directors 28A.600.010 School employee providing service to board, reimbursement of substitute 28A.300.035 School plant facilities aid 1980 bond issue, duties under 28A.525.300 Schools administration 28A.150.070 Teacher preparation programs excellence in teacher preparation award program short title 28A.625.350 STATE BUDGET AND ACCOUNTING SYSTEM (See STATE FISCAL MATTERS, subtitle Budget and accounting system) STATE BUILDING AUTHORITY Authority Const. Art. 8 § 9 Capital improvement bond issue 43.83.090, 43.83.094, 43.83.096, 43.83.098, 43.83.102, 43.83.104 Rescission of leases and agreements authorized 43.75.225 STATE BUILDING CODE (See BUILDING CODE) STATE CAPITAL Capital improvements, 1967-1969 bond issue bonds authorization 43.83.090 general obligation of the state 43.83.090 (2008 Ed.) issuance, sale, form, term, terms, etc. 43.83.090 legislature may provide additional sources of funds 43.83.096 source of funds to repay, sales tax 43.83.094 state finance committee, duties 43.83.090 capital improvement, defined 43.83.102 capital project, defined 43.83.102 election, referral to the people 43.83.104 general obligation bonds authorized 43.83.090 legislature may provide additional sources of funds to repay bonds 43.83.098 referendum, act is subject to approval of voters 43.83.104 state building and higher education bond retirement fund creation 43.83.094 source of funds, sales tax, continuation of levy 43.83.094 state finance committee, duties concerning bonds 43.83.090 Capital improvements, 1979 bond issue bonds additional means for payment of 43.83.166 anticipation notes, authorized deposit of 43.83.154 authorized 43.83.150 form, terms, conditions 43.83.152 legal investment for public funds 43.83.168 proceeds administration of 43.83.156 deposit of 43.83.154 retirement of, requirements 43.83.158 severability 43.83.170 Capital improvements, 1965-1967 bond issue for authorized 43.83.070 capital improvement and capital project, defined 43.83.082 issuance, sale, form, payment, etc. 43.83.070 legal investment for state as local funds, bonds as 43.83.078 legislature may provide additional means of raising revenue 43.83.076 referral to electorate 43.83.084 retail sales tax collections, continuation of levy 43.83.074 retirement from bond redemption fund 43.83.074 Capitol facilities revenue bonds, 1969 refunding bonds—1974, general obligation, issuance, authorization 43.83F.010 East capitol site bonds, 1969, refunding bonds— 1974 general obligation, issuance, authorization 43.83F.010 state finance committee, powers and duties 43.83F.020 Refunding bonds—1974 capitol facilities, revenue bonds—1969 legal investment for public funds 43.83F.060 payment of principal and interest, additional methods authorized 43.83F.050 proceeds, use of, investment limitations 43.83F.030 redemption fund, created 43.83F.040 state finance committee, powers and duties 43.83F.020 east capitol site-1969 redemption fund, created 43.83F.040 east capitol site—1969 legal investment for public funds 43.83F.060 payment of principal and interest, additional methods authorized 43.83F.050 proceeds, use of, investment limitations 43.83F.030 state finance committee, powers and duties 43.83F.020 STATE CAPITAL HISTORICAL ASSOCIATION (See HISTORIC PRESERVATION, subtitle State capital historical association) STATE CAPITOL Buildings appropriation for only after permanent location Const. Art. 14 § 3 capitol buildings division of department of general administration, powers and duties 43.19.125 Capitol building lands Ch. 79.24 Capitol furnishings preservation committee creation 27.48.040 exemption from ch. 42.52 RCW 42.52.800 Legislative building preservation and restoration fund-raising, state employees 27.48.050 Original or historic furnishings not considered surplus property 43.19.19190 State departments and agencies, offices maintained at 43.17.050 Traffic control enforcing officer 46.08.160 jurisdiction 46.08.170 rules and regulations 46.08.150 violations, penalty 46.08.170 STATE CAPITOL COMMITTEE Capitol buildings additional buildings 43.34.040 improvements 43.34.040 naming 43.34.090 Capitol campus design advisory committee organization and duties 43.34.080 Commissioner of public lands secretary of 43.34.015 Composition 43.34.010 Created 43.17.070 Housing for state offices, approval of acquisition and use of real property 43.82.020 Records, filing 43.34.015 Secretary 43.34.015 STATE CENTRAL STORES (See STATE, subtitle Central stores) STATE CIVIL DEFENSE (See EMERGENCY SERVICES) STATE COLLEGE Designated state college 28B.40.010 STATE COMMITTEE ON AGENCY OFFICIALS’ SALARIES Duties 43.03.028 Members 43.03.028 Recommendations 43.03.028 STATE CONVENTION AND TRADE CENTER (See CONVENTION AND TRADE FACILITIES, subtitle State convention center, Seattle) STATE DANCE Designated 1.20.075 STATE DEPARTMENTS AND AGENCIES Accounts receivable report to credit reporting agencies authorized 43.88.175 Administrative committee 43.17.070 Administrative procedure, See ADMINISTRATIVE PROCEDURE Affirmative action legislative findings, purpose 49.74.005 noncompliance conciliation, order issued 49.74.030 failure to reach conciliation, procedure 49.74.040 procedure 49.74.020 superior court, remedies 49.74.050 Alternative dispute resolution for interagency disputes, exceptions 43.17.320, 43.17.330, 43.17.340 Appropriations, financing Ch. 43.99I, Ch. 43.99J, Ch. 43.99K, Ch. 43.99L, Ch. 43.99P, Ch. 43.99Q, Ch. 43.99R, Ch. 43.99S, Ch. 43.99T Archives and records management services [RCW Index—page 699] STATE DEPARTMENTS AND AGENCIES state agencies to collect judgment debtor surcharge to fund local government services 40.14.027 Boards and commissions approval of boards or commissions not required by statute 43.41.240 class five groups 43.03.265 class four groups 43.03.250 class one groups part-time and advisory, coordinating, or planning 43.03.220 class three groups rule-making authority, quasi-judicial, policy direction 43.03.240 class two groups agricultural commodity commissions 43.03.230 exceptions to review requirements 43.41.230 new boards or commissions, criteria for establishment 43.41.250 review by governor, report on termination or transfer 43.41.220 Bond retirement accounts Ch. 43.99M Bonds, purchase of 43.19.190, 43.19.1906 Budget and accounting system budget development 43.88.090 mission statement, measurable goals, and performance assessment requirements 43.88.090 Capital projects general obligation bonds Ch. 43.99G, Ch. 43.99H Case forecast council, organization and duties Ch. 43.88C Child care for state employees’ children child care contracts 41.04.380 employee child care organizations organization as nonprofit corporation to qualify for services under RCW 41.04.380 41.04.382 provision of suitable space at reduced cost authorized 41.04.375 rental of suitable space 41.04.380 Collective bargaining public employees collective bargaining Ch. 41.56 state collective bargaining Ch. 41.80 Commute trip reduction definitions 43.01.220 employee parking, fee-setting and limitations on parking 43.01.240 interagency task force 70.94.551 plan for agencies 70.94.551 state leadership 70.94.547 state vehicle parking account, parking revenue deposits and use of funds 43.01.225 use of public funds, limitation 43.01.230 Compensation boards and commissions class four groups 43.03.250 Compensation and expenses boards and commissions class one groups 43.03.220 class three groups 43.03.240 class two groups 43.03.230 Consolidated mail service, See STATE DEPARTMENTS AND AGENCIES, Mail service, consolidated Contracts bond of contractor registration or licensing prerequisite to public works contract 39.06.010 engineering systems 39.04.290 minority and women’s business enterprises 39.04.160 Creation 43.17.010 Data processing expenditures authorization by legislature required, penalties for violations 43.105.210 Departments created 43.17.010 Developmentally disabled persons [RCW Index—page 700] supported employment, state agency participation 41.04.750, 41.04.760, 41.04.770, 41.04.780 Directors of appointment 43.17.020 chief assistant directors 43.17.040 oath 43.17.030 powers and duties 43.17.030 vacancies 43.17.020, 43.17.040 Electric vehicles state purchase of power 43.01.250 Eminent domain by state Ch. 8.04 Employee recognition awards 41.60.150 Employment, discrimination, unfair practices 49.60.200 Energy cogeneration projects additional authority of agencies 39.35C.090 development with local utilities energy purchase agreements 39.35C.080 feasibility study 39.35C.070 implementation 39.35C.070 ownership and operation 39.35C.070 sale of electricity and thermal energy 39.35C.080 sale of thermal energy 39.35C.070 Energy supply emergencies, alerts duties of governmental agencies 43.21G.050 Environmental excellence program agreements Ch. 43.21K Ethics activities incompatible with public duties 42.52.020 agency ethics rules 42.52.200 assisting in transactions, prohibitions 42.52.040 attorney general actions 42.52.490 attorney general investigative authority 42.52.530 citizen actions 42.52.460 compensation for official duties or nonperformance 42.52.110 compensation for outside activities 42.52.120 confidential information, release of 42.52.050 construction of ch. 42.52 RCW 42.52.901 definitions 42.52.010 disciplinary action 42.52.520 elected official, attorney general to conduct investigation of complaint against statewide elected official 42.52.450 executive ethics board 42.52.350, 42.52.360 compensation of members 42.52.550 complaint filing 42.52.410 findings of fact and enforcement action 42.52.430 hearing and subpoena authority 42.52.390 investigation of complaints 42.52.420, 42.52.425 optional hearings by administrative law judge 42.52.500 penalty assessment 42.52.480 political activities of board members 42.52.380 public hearing on complaint 42.52.430 referral of complaint for enforcement 42.52.470 review of order 42.52.440 subpoena authority, enforcement 42.52.400 financial interests in transactions 42.52.030 former state officer or employee employment 42.52.080 rendering assistance, limitations 42.52.090 restrictions on appearing before agency or doing business with state 42.52.100 gift, loan, payment, transfer, or delivery of any thing of economic value to state employee 42.52.170 gifts 42.52.140, 42.52.150 honoraria 42.52.130 identifiable group or interest, service on board, committee, or commission not prevented by association with 42.52.903 investment of public funds, state officer or employee interest in, restrictions 42.52.190 legislative declaration 42.52.900 limitations period 42.52.540 political campaigns, use of public resources 42.52.180 private gain, use of public resources for 42.52.160 recission of state action 42.52.510 records, improper concealment 42.52.050 special privileges prohibited 42.52.070 suspension of state action pending determination of controversy 42.52.510 testimony of state officer or employee 42.52.060 Expenditure limitations Ch. 43.135 Federal social security disability program, state agencies authorized to enter into agreements 43.17.120 appointment of personnel 43.17.120 Fees health services, fee schedules 43.17.350 Financial management, office of, See STATE FISCAL MATTERS, subtitle Fiscal management, office of Fiscal management powers and duties of officers and agencies 43.88.160 Flexible-time work schedules 41.04.390 Health care cost containment policies 43.41.160 Housing and facilities in Thurston county, payment for costs and capital projects surcharge 43.01.090 Housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 Housing for state offices, departments, agencies, and institutions Ch. 43.82 Indoor air quality in public buildings ventilation and filtration systems 70.162.040 Information technology, preparation of agency portfolio and performance report 43.105.170, 43.105.172 Inspections and examinations, interdepartmental assistance 43.17.110 Insurance, purchase of 43.19.190, 43.19.1906 Integrated pest management Ch. 17.15 Interagency disputes alternative dispute resolution process, exceptions 43.17.320, 43.17.330, 43.17.340 Interdepartmental assistance as to data and information 43.17.110 Inventory system for state-owned or leased facilities duties 43.82.150 Land disposition, notice 43.17.400 Land use real property damage due to governmental action claims, time limitation 64.40.030 definitions 64.40.010 relief provided 64.40.020 Leases real property, terms and use of proceeds 43.17.360 Liability of officials, members, immunity 4.24.470 Local government management of program delegated by state final report or study, prerelease copy to local government 43.17.370 Loss prevention and review teams 43.41.370, 43.41.380 Mail service, consolidated area served 43.19.715 definitions 43.19.710 review of agency needs 43.19.720 Management procedures terminate supervisor who tolerates deficiencies 43.01.125 Minority and women’s business enterprises, office of (2008 Ed.) STATE FINANCE COMMITTEE plan to maximize opportunity for businesses, each agency to adopt 39.19.060 state agencies and educational institutions to comply with public works and procurement goals 39.19.060, 39.19.075 state agency or educational institution may be charged a reasonable fee based on its expenditure of funds subject to office 39.19.230 Offices and facilities in Thurston county, housing costs and capital projects surcharge 43.01.090 Offices maintained at state capital 43.17.050 On-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative declaration 43.81.010 Parking fees and limitations on employee parking 43.01.240 Parks and recreation commission Ch. 79A.05 Performance audits, See LEGISLATIVE AUDIT AND REVIEW COMMITTEE Personal service contracts amendments to contracts, submission and approval 39.29.025 definitions 39.29.006 documentation required before services may be contracted for 39.29.008 filing of contracts 39.29.055 legislative intent 39.29.003 list of contracts, office of financial management to maintain 39.29.068 public inspection of contracts 39.29.055 review and approval by office of financial management 39.29.055 sole source contracts 39.29.018 Personnel resource and management policy 41.06.530 Pest control integrated pest management Ch. 17.15 Plant operation and support program 43.82.160 Port districts toll facilities, contracts for money, services and materials 53.34.180 Printing must be done within state, exception 43.78.130, 43.78.140 Public defense, office of Ch. 2.70 Public deposit protection commission Ch. 39.58 Public funds accounts and funds may not be established outside treasury without permission of director of financial management 43.88.190 agency local accounts to utilize services of treasurer’s office 43.88.190 local accounts to utilize services of state treasurer’s office 43.88.190 Public records act generally Ch. 42.56 Public records officers 42.56.580 Public works prevailing wage law compliance required when private construction project is performed under contract for rental, lease, or purchase of project by state or municipal government 39.04.260 Publications advertisers placing advertisements in state publications, prerequisites for placing 40.07.070 Purchases general administration department services 43.19.190 paper products, specifications 39.24.050 prison work programs purchase of goods and services required, exceptions 43.19.534 Quality management, accountability, and performance system definitions 43.17.380 independent assessment 43.17.390 (2008 Ed.) requirements 43.17.385 Real property leases, terms and use of proceeds 43.17.360 Records electronic access, See RECORDS AND DOCUMENTS, subtitle Electronic access to public records Regulatory fairness act Ch. 19.85 Regulatory reform, See REGULATORY REFORM Return-to-work program program requirements 41.06.490 Rule-making authority and procedure Ch. 34.05 Rules adoption regulatory fairness act Ch. 19.85 Rules and regulations of departments 43.17.060 Rules compliance technical assistance programs Ch. 43.05 Rules coordinators 34.05.312 Savings incentive account 43.79.460 Service delivery joint employee-management committees 41.06.540 Sexual harassment policy 43.01.135 Small business economic impact statement and rule-making procedure Ch. 19.85 State economic policy Ch. 43.21H State environmental policy Ch. 43.21C State internship program executive fellows program 43.06.420 Sunset act, entities scheduled for termination Ch. 43.131 Supported employment for persons with developmental disabilities 41.04.770, 41.04.780 Supported employment for persons with developmental or significant disabilities 41.04.750, 41.04.760 Thurston county debt service costs for facilities shared by departments 43.01.091 surcharge for state-owned and managed facilities 43.01.090 Thurston county capital facilities account 43.19.501 Work force training and education program 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110 STATE DESIGN STANDARDS COMMITTEE Adoption of standards 35.78.030 Created 35.78.020, 43.32.010 Duties 43.32.020 Members 43.32.010 STATE EMPLOYEES’ BENEFITS BOARD (See HEALTH CARE AUTHORITY) STATE EMPLOYEES’ HEALTH CARE (See HEALTH CARE AUTHORITY) STATE EMPLOYEES INSURANCE BOARD Group life insurance, group requirements exception 48.24.010 Health care purchased by state agencies alternative health care providers, agencies to identify 70.14.020 drug purchasing cost controls, evidence based prescription drug program 70.14.050 review of prospective rate setting methods 70.14.040 utilization review procedures, agencies to establish plan 70.14.030 STATE EMPLOYEES’ RETIREMENT SYSTEM (See RETIREMENT AND PENSIONS, subtitle Public employees retirement system) STATE ENVIRONMENTAL POLICY ACT (See ENVIRONMENT, subtitle State environmental policy) STATE FINANCE COMMITTEE Acquisition of highway property in advance of programmed construction, committee duties relating to Ch. 47.12 Bond issues for highway construction, committee powers and duties relating to Ch. 47.10 Bond management, reports 43.33.130 Bonds, notes and other evidence of indebtedness, committee duties Ch. 39.42 Capital improvement bond issues, duties concerning Ch. 43.83 Capital improvements, 1973 bond issue, powers and duties 43.83.112 Capital improvements, 1975 bond issue anticipation notes 43.83.134 powers and duties 43.83.132 Capital improvements, 1983 bond issue authorized 43.83.184 Capital improvements, legislature, 1981 bond issue, authorized 43.83.172 Chairman 43.33.040 Colleges and universities bond issues, capital improvements—1979 act Ch. 28B.14D, Ch. 28B.14E bond issues, capital improvements—1983 act Ch. 28B.14F bond issues, capital improvements and land acquisition—1984 act Ch. 28B.14F bond issues, capital improvements—1981 c 232 Ch. 28B.14F bonds, capital improvements—1977 act Ch. 28B.14B bonds, refunding—1977 act Ch. 28B.14C bonds for capital improvements 28B.10.850 bonds for capital improvements—1974 act Ch. 28B.13 bonds for capital improvements—1975 act Ch. 28B.14 capital improvements—1981 c 233 Ch. 28B.14G community and technical colleges bond issues for capital projects—1976 act Ch. 28B.59 bond issues for capital projects—1977 act Ch. 28B.59B bond issues for capital projects—1979 act Ch. 28B.59C bond issues for capital projects—1981 act Ch. 28B.59D bond issues for facilities aid—1972 act Ch. 28B.56 bond issues for general capital projects— 1975 act Ch. 28B.58 bond issues for special capital projects— 1975 act Ch. 28B.57 Washington’s future bond issue Ch. 28B.14H Community and technical colleges Washington’s future bond issue Ch. 28B.14H Community college buildings and facilities refunding bonds, 1974 act, consent prerequisite to issuance 28B.50.409 Composition 43.33.010 County held United States bonds, disposal 36.33.190 Created 43.17.070 Debt limit exclusions from 39.42.060 Debt management reports 43.33.130 Financing contracts, state duties 39.94.040 Fisheries, department of 1977 bond issue 43.83I.120 1981 bond issue 43.83I.172 Funding or refunding bonds or notes, authority of state finance committee to issue 43.75.200 [RCW Index—page 701] STATE FISCAL AGENTS General obligation bonds forms, terms, covenants, etc., sale, redemption 43.75.205 redemption, enforcement 43.75.215 Higher education construction account, authority over 28B.10.851 Indebtedness, evidences of computation of amount required to pay principal and interest annually 39.42.060 issuance, limitations on 39.42.060 issuance, powers and duties 39.42.030 Investments standards 41.50.085 Local government surplus public funds, investment administration of chapter 43.250.090 Permanent state funds, investment of, duties 43.84.041, 43.84.051, 43.84.061 Powers and duties capital improvements, 1973 bond issue 43.83.112 Public deposit protection commission, members ex officio of 39.58.030 Records administrative and clerical assistance, state treasurer to provide 43.33.030 Recreation improvements, bond issue, duties concerning 43.83C.020, 43.83C.070, 43.83C.080, 43.83C.090 Refunding bonds—1974 act capitol facilities revenue bonds, 1969 issuance, authorization 43.83F.010 powers and duties 43.83F.020 proceeds, use of, investment limitations 43.83F.030 redemption fund, created 43.83F.040 east capitol site bonds, 1969 issuance, authorization 43.83F.010 powers and duties 43.83F.020 proceeds, use of, investment limitations 43.83F.030 redemption fund, created 43.83F.040 School buildings and plants, state aid, duties concerning, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid School plant facilities aid 1980 bond issue, duties under 28A.525.230, 28A.525.240, 28A.525.250, 28A.525.260, 28A.525.270, 28A.525.280, 28A.525.290, 28A.525.300 1984 bond issue, duties under 28A.525.218 Social and health services facilities 1981 bond issue authorized 43.83H.172 bond issue, duties concerning 43.83D.020, 43.83D.070, 43.83D.080, 43.83D.090 State convention and trade center, Seattle general obligation bonds duties relating to 67.40.030, 67.40.060 Transportation, department of district 1 headquarters bond issue duties relating to 47.02.140 Washington State University tree fruit research center alternative financing authorized 28B.30.620 financing bonds anticipation notes, authorized 28B.30.604 issuance, sale, retirement, authority 28B.30.602 lease with general services administration prerequisite to sale 28B.30.614 legal investment for public funds 28B.30.618 methods of payment 28B.30.616 owners’ and holders’ rights 28B.30.612 redemption fund, created, use 28B.30.610 Waste disposal facilities, bond issues, duties concerning 43.83A.020, 43.83A.070, 43.83A.080, 43.83A.090 Water supply facilities, bond issue, duties concerning 43.83B.020, 43.83B.070, 43.83B.080, 43.83B.090 [RCW Index—page 702] STATE FISCAL AGENTS (See FISCAL AGENTS) STATE FISCAL MATTERS Accounts and accounting accounts receivable, report to credit reporting agencies authorized 43.88.175 construction accounts exemption from certain accounting requirements to comply with federal tax law 43.88.265 state auditor collectors of revenue, audit of accounts 43.09.050 general accountant of state 43.09.020 keeper of records pertaining to 43.09.020 persons indebted to state, audit of accounts 43.09.050 state treasurer’s accounts, audit by state auditor 43.08.050 Accounts and accounting, See also STATE FISCAL MATTERS, subtitle Budget and accounting system Advisory or coordinating councils, authority to appoint and establish 43.41.120 Agency petty cash account application to director of office of financial management for approval 42.26.050 director of financial management to regulate uses 42.26.090 liability and responsibility for accounts 42.26.070 limitations on use of 42.26.060 post audit by auditor 42.26.080 treasurer, advancement of sums to agency for 42.26.040 unlawful use, effect 42.26.080 Agency vendor payment revolving fund creation 42.26.010 deposits to 42.26.020 disbursements 42.26.020 not applicable to salaries and wages 42.26.010 optional use 42.26.010 rules and regulations adopted by director of office of financial management 42.26.030 Annual financial report of all funds and account groups 43.88.027 Annual publication of fiscal statement required Const. Art. 7 § 7 Appropriations accounting for 43.08.010 attorney general to enforce proper application 43.10.030 Appropriations, See also STATE FISCAL MATTERS, subtitle Budget and accounting system Auditing services revolving fund direct payment from state departments 43.09.418 Audits accounts of collectors of revenue 43.09.050 malfeasance or nonfeasance in public office, action upon disclosure 43.09.330 nongovernmental entities with state contracts or grants 43.09.055, 43.09.065 persons indebted to state 43.09.050 post-audit of state agencies definitions 43.09.290 frequency, reports 43.09.310 state treasurer, audit by state auditor 43.08.050 Budget and accounting system 1986 amendments, LEAP to review success periodically 43.88.899 accounts and funds may not be established outside treasury without permission of director of financial management 43.88.190 accounts located out of state treasury, prohibition, exception 43.88.195 appropriations deemed maximums 43.88.070 governor’s control over expenditures of 43.88.080 lapsing at end of fiscal period 43.88.140 matching funds, state moneys disbursed in proportion to 43.88.150 not required as to refunds or trust fund payments 43.88.180 priority of expenditures between appropriated and nonappropriated funds 43.88.150 assistance to nonprofit organizations providing social services, report 43.88.570 biennial budget requests instructions for agencies 43.88.030 budget adoption of, what constitutes 43.88.080 agency mission statement, measurable goals, and performance assessment requirements 43.88.090 development 43.88.090 hearings 43.88.100 budget bill, legislative review 43.88.060 budget director, See STATE FISCAL MATTERS, subtitle Budget and accounting system, director of program planning and fiscal management budget document changes and adjustments 43.88.030 contents 43.88.030 debt service costs, estimated 43.88.031 legislative review 43.88.060 capital appropriations and expenditures predesign review and monitoring 43.88.110 transfer of excess amount to another project 43.88.145 capital budget contents 43.88.030 debt-financed pass-through money to local governments included 43.88.032 instructions 43.88.0301 cash deficit 43.88.050 central budget agency, abolished 43.41.940 powers, duties, papers, documents, functions transferred to office of financial management 43.41.940, 43.41.950, 43.41.970, 43.41.980 changes in accounting methods, practices, or statutes, explanation of 43.88.035 contracts made in excess of appropriation void, exception 43.88.130 deficiencies unlawful, exceptions 43.88.260 definitions 43.88.020 director of financial management federal funds and programs, notice, progress report 43.88.205 power to exempt public funds from allotment control 43.88.110 emergencies allocation from emergency appropriation 43.88.250 statement of to governor 43.88.250 exemptions of state commodity commissions 43.88.240 expenditure limit, budget document to reflect 43.88.033 expenditure programs accounting records of agencies 43.88.110 aggregate of allotments not to exceed appropriation 43.88.110 allotments to conform to terms of appropriation 43.88.110 capital construction, predesign review 43.88.110 director of financial management, duties 43.88.110 division of allotments 43.88.110 review of allotment requests 43.88.110 statements of proposed expenditures 43.88.110 expenditures in excess of appropriation prohibited 43.88.130 matching funds, state moneys disbursed in proportion to 43.88.150 (2008 Ed.) STATE GRASS priority as between appropriated and nonappropriated funds 43.88.150 federal funds and programs federal law controls if conflict 43.88.220 notice to director of financial management, progress report on 43.88.205 financial management, office of agency petty cash account, duties related to 42.26.040, 42.26.050, 42.26.070, 42.26.080, 42.26.090 agency vendor payment revolving fund, duties related to 42.26.020, 42.26.030 findings 43.88.005 governor allotment reduction 43.88.110 hearings 43.88.100 information technology projects evaluation of agency requests for major projects by department of information services at request of office of financial management 43.105.180 legislative committees deemed part of legislative branch of government 43.88.230 office of financial management federal funds and programs, notice, progress report 43.88.205 operating budget maintenance costs included 43.88.032 public records defined 43.88.200 public inspection 43.88.200 purpose 43.88.010 refunds of erroneous or excessive payments or fees 43.88.170, 43.88.180 reorganization, transfer of employees, powers and duties, papers, documents, to office of financial management 43.41.940, 43.41.950, 43.41.970, 43.41.980 revenue estimates statement to whom submitted 43.88.120 transportation agencies, forecast variances 43.88.122 revolving funds appropriation not required 43.88.180 state auditor powers and duties 43.88.162, 43.88.210 transfer of powers and duties of agencies 43.88.210 transportation-related funds or accounts, study 43.88.125 trust funds, defined appropriation not required for payment of 43.88.180 violations, penalty 43.88.270 Case forecast council, organization and duties Ch. 43.88C Cash management treasurer’s responsibilities 43.08.015 Cashing checks, drafts, and warrants for state officers, employees, and others authorized 43.08.180 Comprehensive budgeting, accounting, and reporting system conform to generally accepted accounting principles 43.88.037 Expenditure and taxation limits, See TAX REVENUE LIMITATION Expenditure limit budget document to reflect 43.88.033 Federal funds and programs, notice to director of financial management, legislative audit and review committee, progress reports 43.88.205 Financial management, office of central budget agency, abolished and powers and duties transferred to 43.41.050 creation 43.41.050 definitions 43.41.040 director appointment, salary, powers and duties 43.41.060 auditor’s report, unaccounted money 43.09.050 (2008 Ed.) powers and duties, generally 43.41.100 wherever used means director of financial management 43.88.025 electronic transfers of funds and information, authorization and approval 43.41.180 planning and community affairs agency, planning function, financial management function, population functions, and research functions assigned to 43.41.050 powers and duties 43.41.110 generally 43.41.100 purpose 43.41.030 redesignated as office of financial management 43.41.035 transfers of employees, powers, duties, documents, rights, from central budget agency and portion of planning and community affairs agency 43.41.940, 43.41.950, 43.41.970, 43.41.980 Financial report annual, all funds and account groups 43.88.027 Fiscal agencies appointment 43.80.110 registered bond duties 43.80.125 certification by state finance committee 43.80.120 definitions 43.80.100 duties 43.80.130 nonliability of state treasurer for funds remitted to fiscal agencies for payment of bonds 43.80.150 notice of appointment 43.80.140 Fiscal management powers and duties of officers and agencies 43.88.160 Funding or refunding bonds or notes, authority of state finance committee to issue 43.75.200 Funds, See PUBLIC FUNDS, subtitle State Initiative 601, state expenditure and taxation limits, See TAX REVENUE LIMITATION Investments, See PUBLIC FUNDS, subtitle Investments Judicial review of agency actions, report on awards of fees and other expenses 43.88.067 Legislative audit and review committee, See LEGISLATIVE AUDIT AND REVIEW COMMITTEE Legislative bills and resolutions fiscal notes local government Ch. 43.132 state government Ch. 43.88A Moneys accounting for 43.08.010 disbursements of 43.08.010 fiscal responsibilities of state officers and employees 43.88.310 mishandling, overexpending, improper accounting 43.88.280, 43.88.290, 43.88.300, 43.88.320 receipt and keeping of 43.08.010 Notice of appointment of fiscal agencies 43.80.140 Payment agreements authority of state government to enter into authority cumulative 39.96.080 authorization and conditions for entry into agreement 39.96.030 calculations regarding payment of obligations 39.96.060 credit enhancement or similar agreements, authority to make in connection with payment agreement 39.96.050 definitions 39.96.020 findings 39.96.010 payment sources 39.96.050 status of payments 39.96.060 terms and conditions of agreements 39.96.040 Public funds, See PUBLIC FUNDS Reports state treasurer, monthly financial report 43.08.150 Schools and school districts credit enhancement program to pledge credit of state to payment of district bonds, purpose and procedures Ch. 39.98 State funds, See PUBLIC FUNDS, subtitle State State general obligation bond retirement fund bonds prohibited from payment from fund 43.83.164 created, purpose 43.83.160 separate accounting records for each bond issue 43.83.162 State investment board Ch. 43.33A State treasurer, fiscal agent for state 43.08.090 duties 43.08.100 receipts, copy sent to director of financial management 43.08.110 Statement, annual publication required Const. Art. 7 § 7 Taxation and expenditure limits, See TAX REVENUE LIMITATION Warrants call of warrants 43.08.080 cash or demand deposits for, duty to maintain 43.08.135 duplicate warrants conditions for issuance 43.08.066 lost or destroyed warrant, issuance of 43.08.064, 43.08.066, 43.08.068 record of to be kept 43.08.068 investment of state funds in 43.84.120 issuance of duplicate warrant when old lost or destroyed 43.08.064, 43.08.066, 43.08.068 new warrant when old canceled for nonpresentment 43.08.062 lost or destroyed warrants conditions for issuance of duplicate warrant 43.08.066 duplicate warrant issued for 43.08.064, 43.08.066, 43.08.068 record to be kept 43.08.068 no funds to pay, indorsement, interest, exchange for new warrant 43.08.070 presentment cancellation for nonpresentment 43.08.062 issuance of new warrant when old canceled 43.08.062, 43.08.064 time limit 43.08.062 printed by public printer 43.08.061 rate fixed by issuing officer 39.56.030 redeemed warrants retention, destruction 43.08.061 willfully refusing to pay by state treasurer, exceptions, recovery 43.08.130 STATE FISH Designated 1.20.045 STATE FLAG Display 1.20.015 Specifications 1.20.010 STATE FLOWER Designated 1.20.030 STATE FOLK SONG Designated 1.20.073 STATE FOSSIL Designated 1.20.042 STATE FRUIT Designated 1.20.035 STATE FUNDS (See FUNDS; PUBLIC FUNDS) STATE GEM Designated 1.20.090 STATE GRASS Designated 1.20.025 [RCW Index—page 703] STATE GUARD STATE GUARD (See MILITIA AND MILITARY AFFAIRS) STATE HISTORICAL SOCIETY (See HISTORIC PRESERVATION, subtitle State historical society) STATE HOSPITALS (See HOSPITALS FOR MENTALLY ILL) STATE IMPROVEMENT PROJECTS (See PUBLIC WORKS) STATE INDEBTEDNESS (See INDEBTEDNESS; STATE, subtitle Indebtedness) STATE INSECT Designated 1.20.047 STATE INSTITUTIONS Agricultural or farm activities 72.01.140 Assaults to employees, reimbursement for costs 72.01.045 Blind, state school for, See BLIND, subtitle State school for Buildings construction or repair 72.01.110, 72.01.120, 72.01.130 Chaplains housing allowance 41.04.360 salaries and wages housing allowance 41.04.360 Chaplains, appointment 72.01.210, 72.01.212, 72.01.220, 72.01.230, 72.01.240 Children and youth services management duties Ch. 72.05 Correctional facilities labor and employment of prisoners Ch. 72.64 reimbursement for local impact costs Ch. 72.72 Correctional facilities, See also CORRECTIONAL FACILITIES Corrections, department’s powers and duties 72.01.050, 72.01.060, 72.01.090 Deaf, state school for, See DEAF, subtitle State school for Definitions 72.01.010 Developmental disabilities medical care accounting rules 74.09.120 Developmental disabilities, See also DEVELOPMENTAL DISABILITIES, PERSONS WITH Dietician, employment and duties 72.01.180 Employees assaults, reimbursement for costs 72.01.045 hours of work 72.01.042, 72.01.043 quarters for personnel 72.01.280 Equipment, supplies, and livestock, transfer between institutions 72.01.430 Escheats of property of institution inmates, See ESCHEATS, subtitle Institution inmates, property of Examination of conditions and needs, report 72.01.320 Fire protection 72.01.190 Gifts, acceptance authorized 72.01.270 Hospitals for mentally ill, See HOSPITALS FOR MENTALLY ILL Industrial activities 72.01.150 Juvenile facilities close security institutions designated 72.05.130 definitions 72.05.020 juvenile court law, application 72.05.210 minimum security institutions 72.05.150 parental right to provide treatment 72.05.200 social and health services department, duties 72.05.130 Juvenile forest camps industrial insurance benefits prohibited, exceptions 72.05.152, 72.05.154 Mentally ill, See HOSPITALS FOR MENTALLY ILL [RCW Index—page 704] Narcotic and dangerous drug rehabilitation and treatment programs and facilities authorized 72.49.020 Nonprofit organizations, agreement with to provide services 72.01.480 Officers and employees appointment and discharge Const. Art. 13 § 1 Outdoor recreational lands, public use conditions 72.01.460 Political influence forbidden 72.01.310 Psychiatric outpatient clinics 72.06.060 Records accounting systems 72.01.300 requirements 72.01.290 Records and documents patients and inmates vital statistical purposes 70.58.270 Religious programs, outside ministers 72.01.260 Residential schools, See RESIDENTIAL SCHOOLS Schools, higher education institutions, and other entities use of facilities and equipment 72.01.450, 72.01.452, 72.01.454, 72.01.458 Social and health services, department’s powers and duties 72.01.050, 72.01.060, 72.01.090 Support by state required Const. Art. 13 § 1 Yakima valley school, See YAKIMA VALLEY SCHOOL STATE INVESTMENT BOARD Background checks of prospective staff members 43.33A.025 Chairperson 43.33A.040 Commingled trust funds established 43.33A.170 Contract powers 43.33A.030 Created 43.33A.020 Delegation of powers 43.33A.030, 43.33A.035 Examination of accounts, files, and records by department of retirement systems 43.33A.120 Executive director 43.33A.100 Funding 43.33A.160 Funds, trusteeship 43.33A.030 Industrial insurance funds, investments 51.44.100 Investment accounting transfer of functions and duties from state treasurer’s office to board 43.33A.180 Investment of funds in farm, soil, water conservation loans, and land bank 43.33A.080 Investment policies, establishment 43.33A.110 Investments authority 43.84.150 basic health plan self-insurance reserve account 43.33A.230 creation of entities for investment purposes 43.33A.200 income from assets not publicly traded, management 43.33A.210 policy and options 43.33A.135 reports 43.33A.150 standard of investment and management 43.33A.140 surplus moneys 43.84.170 Judicial retirement system funds investment authority 2.10.080 Meetings 43.33A.040 Members 43.33A.020 compensation, travel expenses 43.33A.050 employment restrictions 43.33A.060 liability 43.33A.070 Performance of existing contracts 43.33A.100 Permanent state funds, investment of, duties 43.84.031 Personnel 43.33A.100 Powers and duties, generally 43.33A.010 Quorum 43.33A.040 Records 43.33A.090 Retirement systems funds, investment of, authority 41.50.080 Rules and regulations, promulgation 43.33A.110 Securities, registration of without mention of fiduciary relationship 43.33A.130 Self-directed investment, board duties 43.33A.190 State investment board expense account, created 43.33A.160 Terms 43.33A.020 Transfer of employees 43.33A.100 STATE LANDS (See PUBLIC LANDS) STATE LAW LIBRARY Librarian member of court reports commission 2.32.160 supreme court reports delivery from public printer 40.04.030 Revised Code of Washington, loans of sets to 1.08.060 STATE LIBRARY (See LIBRARIES) STATE LOTTERY Administrative procedure act 67.70.280 Agents license gives authority 67.70.080 lottery sales license 67.70.070 minors may not sell to penalty 67.70.120 moneys received lottery account 67.70.200 Attorney general investigations 67.70.300 Auditor annual post-audit 67.70.290 Baseball stadium construction scratch games 67.70.042 Chapter not applicable to gambling law 9.46.291 Commission chairman 67.70.030 created 67.70.030 employees may not purchase tickets or receive prize misdemeanor 67.70.180 members compensation and travel expenses 67.70.270 may not purchase tickets or receive prize misdemeanor 67.70.180 terms, vacancies 67.70.030 pathological gamblers, information for 9.46.071 powers and duties 67.70.040 quorum 67.70.030 Debts owed to state, prize set off against debts 67.70.255 Definitions 67.70.010 Director appointment, salary, duties 67.70.050 enforcement powers 67.70.330 powers 67.70.060 ticket proceeds agents to deposit in lottery account 67.70.200 Enforcement director’s powers 67.70.330 False or misleading statement license application gross misdemeanor 67.70.150 recordkeeping gross misdemeanor 67.70.150 Felony action without requisite license 67.70.140 class C miscellaneous violations 67.70.160 forgery, fraud, deceit, misrepresentation 67.70.130 Forgery, fraud, deceit, misrepresentation felony 67.70.130 Gambling and lottery laws others inapplicable 67.70.210 Games stadium and exhibition center 67.70.043 Governing law (2008 Ed.) STATE PATROL others do not apply 67.70.210 Gross misdemeanor recordkeeping or license application false or misleading statement 67.70.150 violation of rules 67.70.170 Investigations attorney general authorized 67.70.300 Law enforcement office of the director designated as agency 67.70.330 License action without one felony 67.70.140 application false or misleading statement gross misdemeanor 67.70.150 authorizes licensee as agent 67.70.080 denial, suspension, revocation 67.70.090 sales agent 67.70.070 Liquor control board duties 66.08.050 Lottery account created 67.70.230 moneys agents receive 67.70.200 use of 67.70.240 Lottery administrative account created 67.70.260 Lottery fund unclaimed prizes retained 67.70.190 Management review certified public accountant verification 67.70.320 director of financial management 67.70.310 Misdemeanor ticket purchase or prize commission member or employee 67.70.180 ticket sale to minor 67.70.120 Officers and employees prohibited activities 67.70.055 Payment methods 67.70.250 Person defined 67.70.070 Prices maximum limited 67.70.110 Prize disbursement, debts owed state set-off 67.70.255 Prizes assignment prohibited, exceptions 67.70.100 installments 67.70.250 minors guardian or custodian 67.70.220 unclaimed retain in state lottery fund 67.70.190 Prohibited activities, officers and employees 67.70.055 Prohibited acts penalty 67.70.130 Public assistance electronic benefit cards 67.70.125 Recordkeeping false or misleading statement gross misdemeanor 67.70.150 Reserve account installment payments 67.70.250 Rules violation of gross misdemeanor 67.70.170 Scratch games baseball stadium construction 67.70.042 Shared game lottery account 67.70.044 transfer of proceeds 67.70.340 Stadium and exhibition center games 67.70.043 promotion of lottery by person or entity operating stadium, conditions 67.70.241 Ticket forgery, fraud, deceit, misrepresentation felony 67.70.130 Ticket sales agent 67.70.070 exclusive seller 67.70.110 minors may not sell to 67.70.120 (2008 Ed.) prize disbursement if winner 67.70.220 price established 67.70.110 proceeds lottery account 67.70.200 scalping prohibited 67.70.110 Unclaimed prizes retain in state lottery fund 67.70.190 Violations - miscellaneous felony - class C 67.70.160 Winner assignment prohibited, exceptions 67.70.100 STATE MARINE MAMMAL Designated 1.20.037 STATE MEDAL OF MERIT (See MEDAL OF MERIT) STATE MERIT SYSTEM (See MERIT SYSTEM) STATE MILITIA (See MILITIA AND MILITARY AFFAIRS) STATE OF EMERGENCY Definitions 43.06.200 Enemy attack, See CONTINUITY OF GOVERNMENT IN EVENT OF ENEMY ATTACK Energy supply emergencies, alerts Ch. 43.21G Governor proclamation of 43.06.210 when proclamation can be made 43.06.010 Malicious destruction of property, penalty 43.06.230 Malicious injury, penalty 43.06.230 Penalty general unlawful conduct during 43.06.240 malicious destruction of property or injury to person, penalty 43.06.230 Proclamation issuance 43.06.210 public notice 43.06.210 Public official, failure to heed orders of, penalty 43.06.250 State militia, authority of governor to call 43.06.270 State patrol, authority of governor to call 43.06.270 Termination of state of emergency, time for 43.06.210 Unlawful conduct during, penalty 43.06.240 STATE OFFICERS AND EMPLOYEES (See PUBLIC OFFICERS AND EMPLOYEES, subtitle State) STATE PARKS (See PARKS AND RECREATION, subtitle State parks) STATE PATROL Accident reports, tabulation and analysis, duty to prepare 46.52.060 Affirmative action 43.43.015, 43.43.340 legislative findings, purpose 49.74.005 noncompliance conciliation, order issued 49.74.030 failure to reach conciliation, procedure 49.74.040 procedure 49.74.020 superior court, remedies 49.74.050 Air conditioning equipment, commission to regulate 46.37.470 Airplane revolving account, nonappropriated state patrol 43.79.470 Amateur radio operators with special license plates, list of furnished 46.16.340 Aquatic invasive species enforcement account, program 43.43.400 Arson investigation information system 43.43.952 Auto theft prevention authority Ch. 46.66 Automatic fingerprint information system account established 43.43.565 local systems conditions of use 43.43.570 report 43.43.560 Background checks conviction record information, dissemination 43.43.8321 definitions, records 43.43.840 definitions, records, fees 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838 finger-print based 43.43.837, 43.43.839 immunity of state 43.43.833 Background investigations of certain prospective employees and volunteers horse racing commission 67.16.045 Bicycle awareness program 43.43.390 Cadets retirement service credit 43.43.130 Car seats, standards 46.37.505 Chaplains 41.22.040 legislative findings 41.22.010 volunteers may be used 41.22.020 Chief abatement of certain structures, signs or devices on city streets, county roads or state highways as public nuisances, chief’s duties relating to 47.36.180 abating as public nuisance signs erected or maintained contrary to highway advertising control act of 1961, chief’s duties relating to 47.42.080 appointing powers 43.43.020 appointment 43.43.020 control of traffic on capitol grounds, chief enforcing officer 46.08.160 identification and criminal history section, powers and duties 43.43.750, 43.43.760, 43.43.765, 43.43.770, 43.43.775, 43.43.780, 43.43.785, 43.43.800, 43.43.810, 43.43.820 law enforcement communications network, duties 43.89.010 motor vehicle law size, weight, and load limits, powers and duties relating to Ch. 46.44 vehicle inspection, chief’s duties relating to Ch. 46.32 organized crime intelligence unit, duties as to 43.43.850, 43.43.854, 43.43.856 personnel, duties, generally 43.43.020 powers and duties, vehicle inspection Ch. 46.32 traffic safety commission, member of 43.59.030 transportation of explosives and flammables safely, chief’s powers and duties relating to 46.48.175 Children car seats, standards 46.37.505 crimes against, by school employee notification of superintendent of public instruction 43.43.845 Civil service, exemption, integration study 41.06.070 Civil service exemptions confidential secretaries 41.06.093 Compensation surveys 41.06.167 Controlled substances property or money, receipt from U.S. attorney general, agencies authorized 43.17.150 Coroner’s report of deaths by vehicle accidents, to be made to chief 46.52.050 Created 43.43.010 Crime information center cost of terminal facility 43.43.530 established 43.43.500 files of assistance to law enforcement agencies, established 43.43.510 purpose and functions 43.43.500 Crime laboratory system controlled substance analysis analytical report is prima facie evidence of results 43.43.680 guilty person to pay crime laboratory analysis fee 43.43.690 subpoena of forensic scientist at preliminary hearing or trial, procedure 43.43.680 [RCW Index—page 705] STATE PATROL Criminal justice forecasting 10.98.140 Criminal justice information act, See CRIMINAL JUSTICE INFORMATION ACT Criminal justice services consolidation 43.43.785 establishment of program 43.43.785 Criminal offender record information disposition form and report annual audit 10.98.100 Dental identification system 68.50.310, 68.50.320, 68.50.330 Designation as agent of department of licensing to secure surrender of drivers’ licenses 46.01.190 Disability in line of duty, compensation 43.43.040 Disciplinary hearings administrative law judge designated for 34.12.035 procedure 43.43.090 Discipline of officers appeal 43.43.100 criminal complaint against, procedure 43.43.080 hearing procedure 43.43.090 patrol officer vehicle accidents 43.43.111 suspension or demotion 43.43.060 hearing 43.43.070 DNA identification system 43.43.752 criminal street gang database 43.43.762 rulemaking authority 43.43.759 services to law enforcement agencies 43.43.756 Driver’s license checks, stopping vehicles for 46.64.060, 46.64.070 Drug control assistance unit civil service, investigators exempt 43.43.640 communications network 43.43.620 created 43.43.600 existing facilities and systems, use of 43.43.630 facilities, existing, use of 43.43.630 information system 43.43.620 investigative assistance, to provide 43.43.610 investigators, certain, exempt from civil service 43.43.640 personnel 43.43.650 special narcotics enforcement unit organization and duties 43.43.655 systems, existing, use of 43.43.630 use of existing facilities and systems 43.43.630 Emergency closures of state highways 47.48.031 Emergency vehicles regulate and test equipment for 46.37.194 siren, whistle or bell, commission to approve type 46.37.380 Emergency vehicles of, colored lights authorized 46.37.190 Enforcement of laws on limited access facilities, state patrol to have independent and concurrent jurisdiction 47.52.200 Facilities siting coordination with department of licensing 46.01.330 Falsifying records, penalty 43.43.810 Felonies, guilty plea or conviction information to department of health 43.43.825 Fingerprints automatic fingerprint information system account established 43.43.565 local systems, conditions 43.43.570 report 43.43.560 Fire protection agencies, children, expectant mothers, developmental disabilities, care and placement, fire protection, duties 74.15.050 annual report to governor 43.44.100, 48.48.110 arson reporting immunity 48.50.040 criminal prosecution 43.44.080, 48.48.080 [RCW Index—page 706] duties 43.43.930, 43.43.938, 43.43.940, 43.43.942 examination of premises 43.44.010, 48.48.030 witnesses 43.44.070, 48.48.070 fire losses, report of insurers 48.05.320 hazards, removal of 43.44.040, 48.48.050 hospitals, standards for protection 70.41.080 investigation files, availability 43.43.710 records of fires 43.44.090, 48.48.090 reports and investigations, police powers 48.48.060 standards of safety 43.44.020, 48.48.040 state fire protection policy board 43.43.932, 43.43.934 state fire service mobilization definitions 43.43.960 intent 43.43.961 regional fire defense boards and plans 43.43.963 reimbursement procedures, development of 43.43.964 state policy board and plan 43.43.962 statistical information and reports 43.44.060, 48.48.065 Fire safety standards for schools director of fire protection duties 43.44.030, 48.48.045 Fireworks list of allowed fireworks 70.77.575 powers and duties 70.77.250 seizure 70.77.435 Flares and other warning devices to be approved by 46.37.440 Forensic investigations council Ch. 43.103 Forensic laboratory services, bureau of powers 43.43.670 service priorities 43.43.670 Functions as agent of director of licenses transferred to department of licensing 46.01.070 Glass, window, sunscreening, coloring, etc. 46.37.430 Governor and governor-elect, security and protection, duty to provide 43.43.035 Hazardous materials incidents incident command agencies assistance from state patrol 70.136.035 duties 70.136.030 Hazardous materials transportation inspection of motor carriers 46.48.185 Hydraulic brake fluid, standards and specifications prescribed by 46.37.365 Identification and criminal history section arrest and fingerprint form sole recipient for federal transmission 10.98.070 unique number system 10.98.060 arrested persons furnishing of data to section, time limitation, retention of data, all law enforcement agencies in state 43.43.740 identification data, other, powers and duties of all law enforcement agencies in state 43.43.735 palmprints, soleprints, toeprints, other identification data 43.43.735 photographing and fingerprinting, powers and duties of all law enforcement agencies in state 43.43.735 arrests, disposition of information 43.43.745 availability of information 43.43.710 convicted persons, fingerprinting required, records, all law enforcement agencies in state 43.43.745 conviction histories for filings, plea agreements, and sentencing 10.98.030 convicts information to 43.43.745 notice to local agencies 43.43.745 cooperation with other criminal justice agencies 43.43.715 criminal justice agencies cooperation with other criminal justice agencies 43.43.715 defined 43.43.705 furnishing of data to 43.43.705 information, availability 43.43.710 receipt of identification data from 43.43.705 criminal justice forecasting 10.98.140 criminal offender record information, defined 43.43.705 definitions 43.43.705 dependency and protection proceeding record information involving sexual offenses 43.43.735, 43.43.740 dependency or protection proceeding record information involving sexual offenses 43.43.715 dependency record information involving sexual offenses 43.43.705, 43.43.710, 43.43.725, 43.43.730 disposition form and report annual audit to see if all transmitted 10.98.100 sole recipient for federal transmission 10.98.070 transmitted by prosecuting attorneys 10.98.090 documents, papers, etc. as evidence 43.43.725 fingerprint forms sole recipient for federal transmission 10.98.070 fingerprints, as evidence 43.43.725 fingerprints and identification data to be transmitted to 10.98.050 furnishing of information, procedure 43.43.705 refusal to furnish, appeals to advisory council 43.43.705 interagency contracts 43.43.775 local identification and records systems, assistance 43.43.720 "personal identification," requests, purpose, applicants, fee 43.43.760 photographs, as evidence 43.43.725 powers and duties, generally 43.43.700 prisoners, furloughs, information to section, notice to local agencies 43.43.745 receipt of data 43.43.705 records to be kept by 43.43.765 destruction of, procedure 43.43.730 as evidence 43.43.725 inspection of, personal records, procedure 43.43.730 modification of, personal records, request for 43.43.730 appeals 43.43.730 purge of, personal records, request for 43.43.730 appeals 43.43.730 reports of transfer, release or changes as to committed or imprisoned persons 43.43.765 state identification number furnish to originating agency and prosecutor 10.98.080 status of suspected or convicted felons prompt response to jails and law agencies 10.98.150 transfer of records, data, equipment to section 43.43.780 unidentified deceased persons 43.43.770 use of force to obtain identification information, liability 43.43.750 Index cross reference record of accidents of motor vehicle operators and owneroperators, chief to furnish to director of motor vehicles 46.52.120 Information conviction records employer requests 43.43.815 obtaining of by false pretenses, penalty 43.43.810 unauthorized use of, penalty 43.43.810 (2008 Ed.) STATE PATROL Inspection of buses, private, common, and contract carriers authorized activities 46.32.010 definitions 46.32.005 operating vehicle found defective in equipment 46.32.010 violations, relating to 46.32.010 withholding or securing certificate of license registration and plates of defective vehicles 46.32.010 Inspection of commercial vehicles fees 46.32.090 terminal safety audits 46.32.080 violations and penalties 46.32.100 Inspection of vehicles facilities siting coordination with department of licensing 46.01.330 generally Ch. 46.32 roadblock, stopping vehicle to inspect 46.64.060, 46.64.070 stopping vehicle to inspect 46.64.060 Insurance, group life, dependents of members of patrol, eligibility 48.24.030 Interception of private conversations admissibility 9.73.090 authorization, application 9.73.130 authorization, inventory, service on named person 9.73.140 judicial authorization 9.73.090 pen registers and trap and trace devices 9.73.260 report, requirements 9.73.120 Kidnapping offender central registry 43.43.540 Law enforcement medal of honor Ch. 41.72 Law enforcement mobilization, state coordinator, duties 43.43.973 definitions 43.43.970 local law enforcement request 43.43.972 regions established, committees and plans 43.43.974 reimbursement procedures, development of 43.43.975 state policy board and plan 43.43.971 Legislature, while in session, security and protection, duty to provide 43.43.037 License fees collected by patrol deposit in state patrol highway account 46.01.140 Lieutenant governor, security and protection, duty to provide 43.43.035 Lighting devices to be approved by 46.37.320 revocation of approval, reapproval 46.37.330 Limited access highways assistance vans may stop 47.52.120 Line of duty disability 43.43.040 Malicious prosecution claim by a law enforcement officer 4.24.350 Missing and exploited children, task force on 13.60.100, 13.60.110, 13.60.120 Missing children clearinghouse computerized missing person network entry, retrieval, access 13.60.020 maintenance of 13.60.010 establishment of 13.60.010 information distribution 13.60.010 information reported by department of social and health services 13.60.040 superintendent of public instruction duties 13.60.030 toll-free hotline 13.60.010 Missing persons investigations, biological samples 43.43.751 investigations, procedures 68.50.320 Mopeds defining authority 46.04.304 Motor vehicle accidents and reports, chief’s powers and duties relating to Ch. 46.52 Motor vehicles car seats, standards 46.37.505 carriers, inspection duties 81.80.330 dealers’ record of transactions available for inspection 46.70.120 noise control (2008 Ed.) rule-making authority 70.107.070 seat belts, shoulder harnesses, adoption and enforcement of regulations 46.37.510 warning devices on buses, maintenance, and emergency vehicles, rules to implement 46.37.191 Motorcycle equipment helmets, goggles, face shield, regulation and specifications 46.37.530 mirrors 46.37.530 standards for equipment by 46.37.530 Motor-driven cycles braking system inspection 46.37.529 helmets, goggles, face shield, regulation and specifications 46.37.530 mirrors 46.37.530 standards for equipment by 46.37.530 National crime information center interstate identification index 10.98.070 Officers criminal complaint against, procedure 43.43.080 criminal complaint against, suspension of officer 43.43.080 disability in line of duty, compensation 43.43.040 driving record, abstract of information to be excluded from record 46.52.130 eligibility determinations 43.43.350 lists 43.43.340 hearing procedure 43.43.090 line of duty disability 43.43.040 off-duty law enforcement employment immunity of state for liability, notice 4.92.175 patrol officer vehicle accidents 43.43.111 private law enforcement off-duty employment, guidelines 43.43.112 probation and discharge hearing 43.43.070 probationary period 43.43.360 promotional examinations 43.43.330 reinstatement 43.43.110 staff or technical 43.43.370 suspension pending trial board hearing 43.43.080 tenure 43.43.050 Optical strobe lights restricted use 46.37.190 Organized crime advisory board 43.43.858, 43.43.860, 43.43.862, 43.43.864, 43.43.866 attorney general to report to annually 43.10.240 Organized crime intelligence unit attorney general, request to investigate and prosecute crimes, costs 43.10.232 confidentiality 43.43.856 created 43.43.850 divulging investigative information prohibited 43.43.856 files and records, security of 43.43.856 organized crime, defined 43.43.852 powers and duties 43.43.854 records and files, security of 43.43.856 security of records and files 43.43.856 Peace officers, powers of 43.43.030 Portable oil-fueled heaters approval 19.27A.110 standards for sale and use 19.27A.120 Portable reflector units to be approved by 46.37.440 Ports of entry, authority to operate jointly 43.43.880 Private carriers driver qualifications 46.73.010 rule-making conditioned on federal funds 46.73.020 traffic infraction 46.73.030 Probationary period for officers 43.43.360 Prohibited practices relating to motor vehicle inspection by members of 46.32.050 Promotions eligibility determinations 43.43.350 eligible lists 43.43.340 examinations 43.43.330 probationary period 43.43.360 Radioactive or hazardous cargo placarded duties relating to 47.48.050 Real property sale of surplus, distribution of proceeds 43.43.115 Reflective warning devices placed on cars broken down on shoulder 46.37.450 Removal of vehicles from highway use of towing operators 46.55.115 Retirement and pensions, See RETIREMENT AND PENSIONS, subtitle State patrol Retirement system accumulated contributions, payment 43.43.295 accumulated vacation leave does not increase benefits 43.43.263 actuarial funding Ch. 41.45 allowance, spouse, remarriage, children 43.43.270 allowances 43.43.271 benefit calculation, limitation 43.43.264 benefits 43.43.260 benefits application, processing 41.50.090 benefits exempt from taxation and legal process, exceptions 43.43.310 cadets, service credit 43.43.130 child support orders, compliance with 43.43.310 court ordered payments to spouse, dissolution of marriage 43.43.310 death or retirement benefits 43.43.280 definitions 43.43.120 legal adviser 43.43.240 membership in more than one system 43.43.135 membership while serving as state legislator 43.43.139 minimum allowance 43.43.274 penalty for falsification 43.43.320 reestablishment of former service credit by PERS members 43.43.137 restoration 43.43.130 retirement allowances survivors’ benefits 43.43.270 retirement board abolished, transfer of powers and duties 43.43.142 benefits applications, processing 41.50.090 contributions to from any source 43.43.165 retirement fund allowances and benefits to be paid from 43.43.220 expenses 43.43.220 investment of, authority 41.50.080 membership 43.43.130 retirement of members 43.43.250 retirement option 43.43.278 service credit additional, purchase of 43.43.233 military 43.43.260 paid leave of absence 43.43.235 restoration 43.43.138 total 43.43.230 special death benefit 43.43.285 status in case of disablement 43.43.290 tax deferral benefits 41.04.440, 41.04.445, 41.04.450, 41.04.455 transfer of powers, duties, and functions to the department of retirement systems 41.50.030 Rules and regulations, issuance 46.38.030 Safety equipment authority 46.37.320 Safety load chains and devices, state patrol to determine what constitutes 46.37.490 Salary schedules 43.43.380 [RCW Index—page 707] STATE PERSONNEL BOARD Sale or use of lamps or equipment not approved by state patrol unlawful 46.37.310 School buses, state patrol to regulate lighting equipment on and special warning devices for 46.37.290 Sex offender central registry duty to maintain, rulemaking authority 43.43.540 Snow-removal or highway maintenance equipment, state patrol to adopt standards for lighting 46.37.300 Special deputies appointment of for state treasurer needs 43.43.020 Special narcotics enforcement unit organization and duties 43.43.655 Staff or technical officers 43.43.370 Stale records 43.43.820 State of emergency, authority of governor to call state patrol in 43.06.270 State patrol special death benefit 43.43.286 State patrol highway account, See PUBLIC FUNDS, subtitle State State toxicological laboratory 68.50.107 State treasurer security needs appointment of special deputies 43.43.020 Stopping vehicle to inspect driver’s license and vehicle 46.64.060, 46.64.070 Studded tires, to approve use of 46.37.420 Surplus property sale of surplus real property, distribution of proceeds 43.43.115 Teletypewriter communications network, See TELETYPEWRITER COMMUNICATIONS NETWORK Tire chains, to approve use of 46.37.420 Tire standards, rulemaking authority 46.37.425 Tow truck operators duties relating to 46.55.190 Tracking of felony cases department of corrections to maintain records 10.98.110 Traffic enforcement routine stops, collection of information on racial profiling 43.43.480, 43.43.490 Traffic safety commission, See TRAFFIC SAFETY COMMISSION Traffic safety education officers may appear in uniform 43.43.550 pay and reimbursement 43.43.550 powers 43.43.550 Transportation of explosives and flammables safely, chief’s powers and duties relating to 46.48.170, 46.48.180 Unclaimed property, disposition of applicability of other statutes 63.35.060 definitions 63.35.010 distribution of proceeds 63.35.040 methods, sale, retention, distribution, or trade 63.35.020 notice of sale 63.35.030 reimbursement of owner 63.35.050 Vacation leave accumulated retirement benefits not increased 43.43.263 Vehicle equipment safety commission members, appointment 46.38.040 Vehicle licensing fraud account 46.68.250 Vehicle safety standards, authority to adopt federal standard 46.37.005 Wiretap admissibility 9.73.090 authorization application 9.73.130 inventory, service on named person 9.73.140 judicial authorization 9.73.090 report, requirements 9.73.120 STATE PERSONNEL BOARD Department of personnel services available upon request to exempt services 41.06.080 [RCW Index—page 708] Employee appeal hearings conduct of 41.06.120 Employee misconduct records destruction application, classified and exempt employees 41.06.460 authorized, when 41.06.455 retention application, classified and exempt employees 41.06.460 Meetings 41.06.120 Services available on request to exempted positions 41.06.080 State institutions chaplains, appointment Const. Art. 1 § 11 State internship program agency full time equivalent limitations unaffected 43.06.435 Training and career development programs entry-level management training course designation of supervisory or management positions 41.06.420 requirements, suspension, waiver 41.06.420 Travel expenses 50.12.031 STATE PERSONNEL RESOURCES BOARD (See PERSONNEL RESOURCES BOARD) STATE PRINTING (See PUBLIC PRINTER AND PRINTING) STATE PUBLIC PENSION COMMISSION (See RETIREMENT AND PENSIONS, subtitle Public pension commission) STATE PUBLICATIONS Advertising in state publications prerequisites for placing 40.07.070 STATE PUBLICATIONS DISTRIBUTION CENTER Created as division of state library 40.06.020 Definitions 40.06.010 Depository contracts with other libraries authorized 40.06.040 Exemptions 40.06.060 List of publications to be furnished center by state agencies 40.06.060 Publication and distribution of list of available state publications 40.06.050 State agencies to deposit copies of publications with, exemptions 40.06.030 STATE RADIATION CONTROL AGENCY (See NUCLEAR ENERGY AND RADIATION) STATE REGISTER (See WASHINGTON STATE REGISTER) STATE SEAL Custody Const. Art. 3 § 18 Design Const. Art. 18 § 1 Reproduction on state flag 1.20.010 Secretary of state custodian of 43.07.040 Specifications 1.20.080 Uniform facsimile signature of public officials act, use of printed seal 39.62.030 Use of state seal definitions 43.04.020 general provisions 43.04.030, 43.04.040, 43.04.050, 43.04.060, 43.04.070, 43.04.080, 43.04.090, 43.04.100 legislative findings 43.04.010 STATE SHIP Lady Washington 1.20.160 STATE SONG Designated 1.20.070 Sale proceeds 1.20.071 STATE TARTAN Designation of sett 1.20.110 STATE TOXICOLOGICAL LABORATORY Alcohol violator fee to be assessed violator to fund program 46.61.5054 Death investigations account created 43.79.445 Duties and funding 68.50.107 State toxicologist 68.50.107 blood samples from motor vehicle accident victims sent to, availability, admissibility 46.52.065 STATE TRADE FAIRS (See FAIRS) STATE TREASURER Acquisition of highway property in advance of programmed construction, treasurer’s duties relating to Ch. 47.12 Agency petty cash account, advancement to agencies for 42.26.040 Appropriations of legislature, accounting for 43.08.010 Assistant state treasurer appointment 43.08.120 duties 43.08.120 oath 43.08.120 Border areas, distribution of funds 43.63A.190 Business license center delinquency fee 19.02.085 fees, disposition 19.02.080 Cash management responsibilities 43.08.015 Cashing checks, drafts, and warrants for state officers, employees, and others authorized 43.08.180 Centennial document preservation and modernization account distribution of funds to counties, formula 36.22.190 City-county assistance account 43.08.290 Colleges and universities bond issues, capital improvements—1981 c 232 Ch. 28B.14F Community and technical colleges vendor payments, advancement 28B.50.143 Convention and trade center, Seattle project completion costs authorization to borrow from state treasury, conditions and limitations 67.40.045 Corporations assets of dissolved corporation, deposit with 23B.14.400 County road administration board, treasurer’s duties affected by 36.78.090, 36.78.100, 36.78.110 Courts of appeals, judges, affidavit as prerequisite to issuing salary warrants 2.06.062 Creation of new accounts outside of state treasury, prohibition, exception 43.88.195 Deficiencies in the treasury 39.42.090 Depositaries, limitation on liability for making deposits with 43.85.070 Deposits of public funds in financial institutions, reports of 42.17.245 Deputy state treasurers appointment 43.08.120 duties 43.08.120 oath 43.08.120 Driver training schools, treasurer’s powers and duties relating to Ch. 46.82 Duties Const. Art. 3 § 19 records to be maintained by the county road engineers, duties related to 36.80.060 Election Const. Art. 3 § 1 Embezzlement, penalty 43.08.140 Ex officio duties judges’ retirement fund 2.12.050 Expenditure limitations Ch. 43.135 Federal forest revolving account, duties 28A.520.020 Fines and forfeitures transmittal to 4.24.180 Fiscal agent for state 43.08.090 duties 43.08.100 receipts, copy to director of financial management 43.08.110 (2008 Ed.) STATUTE LAW COMMITTEE Flood control assistance account, duties 86.26.007 Funds, See PUBLIC FUNDS, subtitle State Funds from franchises across bridges jointly owned or operated, treasurer to deposit into proper fund 47.44.040 Gambling revolving fund created, receipts, disbursements, use 9.46.100 General fund, monthly financial report as to 43.08.150, 43.08.160 Highway construction bond issues, treasurer’s powers and duties relating to Ch. 47.10 Highway funds, generally, treasurer’s powers and duties relating to Ch. 47.08 For hire motor vehicle certificates and operators’ permits, treasurer’s powers and duties relating to Ch. 46.72 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle State treasurer Interest computation and publication 19.52.025, 34.08.020 Investment accounting transfer of functions and duties to state investment board 43.33A.180 Investment authority of current state funds 43.84.080 Judges’ retirement fund duties concerning 2.12.050, 2.12.060 duties transferred to department of retirement systems 41.50.030 Lewis river hatchery fund 43.79.430 Liability, nonliability of treasurer for funds remitted to fiscal agencies for payment of bonds 43.80.150 Loan principal and interest fund created in general fund to alleviate cash flow deficiencies 43.79.440 Lost or destroyed warrants, instruments, or other evidences of indebtedness, issuing officer to issue duplicates 43.08.064 conditions on issuance 43.08.066 records to be kept, cancellation of originals, notice 43.08.068 Marine recreation land duties Ch. 79A.25 Minority and women’s business enterprises linked deposit program 43.86A.060, 43.86A.070, 43.86A.080 Misappropriation of funds, penalty 42.20.090 Moneys accounting for 43.08.010 disbursements of 43.08.010 receipt and keeping of 43.08.010 Motor vehicles certificate of ownership and registration, transfer of, fees for and detailed report transmitted to 46.12.101 dealer’s licenses, powers and duties relating to 46.70.061 revenue, treasurer’s powers and duties relating to Ch. 46.68 transporters’ licensing, treasurer’s powers and duties relating to Ch. 46.76 wreckers licensing, treasurer’s powers and duties relating to Ch. 46.80 New accounts creation outside of state treasury prohibited, exception 43.88.195 Oath of office 43.01.020, 43.08.020 Oaths administered by 43.08.040 Obstructions on highway right of way, treasurer’s duties relating to 47.32.060 Official bond amount, filing 43.08.020 liability upon for acts of assistants and deputies 43.08.120 willful refusal to pay warrants, exceptions, recovery 43.08.130 Powers and duties, generally 43.08.010 Public employees’ retirement system fund statement concerning 41.50.265 (2008 Ed.) Public funds electronic transmission or receipt authorized 39.58.750 monthly financial report as to 43.08.150, 43.08.160 surplus funds, investment program 43.86A.010, 43.86A.020, 43.86A.030, 43.86A.040, 43.86A.050 Public funds, See also PUBLIC FUNDS, subtitle State Public meetings, notices of, contained in state register 34.08.020 Public safety and education account 35.20.220 Public safety and education account, duties relating to 43.08.250 Puget Sound ferry system, treasurer’s powers and duties relating to Ch. 47.60 Purchase of bridges or ferries by transportation department, treasurer’s powers and duties 47.56.050 Receipts duplicate 43.08.060 payments to treasury, receipt to state auditor 43.08.060 Records and accounts audits by state auditor 43.08.050 to be kept at seat of government Const. Art. 3 § 24 open to public 43.08.050 Recreation improvements, bond redemption fund, duties concerning 43.83C.090 Reports, monthly financial report 43.08.150 Reports to legislature 43.08.010 Residence must be at seat of government Const. Art. 3 § 24 Riot reinsurance reimbursement, duties relating to 48.58.010 Salary, amount of 43.03.010 School plant facilities aid 1980 bond issue, duties under 28A.525.270 1984 bond issue, duties under 28A.525.218 Seal of office 43.08.030 Snowmobile fuel, treasurer to make refunds on 46.10.150 Social and health services facilities bond redemption fund, duties concerning 43.83D.090 State convention and trade center, Seattle general obligation bonds, duties relating to 67.40.060 State employees’ retirement statement concerning 41.50.260 State finance committee administrative and clerical assistance to 43.33.030 chairman 43.33.040 member 43.33.010 State investment board registration of securities 43.33A.130 State patrol special deputy appointment for security needs 43.43.020 State retirement systems to serve as custodian and accountant for funds and holdings of 41.50.077 State treasurer’s service fund, created, purpose 43.08.190 expenditure limitations 43.08.200 Statewide custody contracts 43.08.280 Succession to governorship Const. Art. 3 § 10 Term of office 43.01.010, Const. Art. 3 § 3 Toll bridges, improvement of existing bridge and construction of new bridge as single project, treasurer’s powers and duties relating to Ch. 47.58 Vocational rehabilitation funds, custodian of 74.29.050 Warrants call of warrants 43.08.080 cash or demand deposits for, duty to maintain 43.08.135 no funds to pay, indorsement, interest 43.08.070 printing of 43.08.061 retention, destruction of redeemed warrants 43.08.061 willfully refusing to pay, exceptions, recovery 43.08.130 Washington judicial retirement system fund, custodian of funds and securities, deposits, disbursements 2.10.080 Washington State University assets held in trust, annual report to regents 28B.30.300 federal aid, control 28B.30.285 Waste disposal facilities bond redemption fund, duties concerning 43.83A.090 Water supply facilities bond redemption fund, duties concerning 43.83B.090 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 STATE TREE Designated 1.20.020 STATE VEGETABLE Walla Walla sweet onion 1.20.140 STATEWIDE SPECIAL INQUIRY JUDGE ACT Appointment, procedure, term, confidentiality 10.29.030 Confidentiality 10.29.030 Disqualification in subsequent proceedings 10.29.130 Expenses, payment of 10.29.120 Intent 10.29.020 Investigation authority to investigate other crimes 10.29.040 scope of 10.29.040 Operating budget, adoption, audit, public record exclusion 10.29.090 Powers and duties 10.29.050 Procedure 10.29.030 rules, adoption, approval 10.29.070 Proceeding authority to investigate other crimes 10.29.040 scope of 10.29.040 Prosecuting attorney notice of investigation and proceedings 10.29.120 Severability 10.29.900 Short title 10.29.010 Special prosecutor duties 10.29.110 operating budget 10.29.090 prosecuting attorney, notice to of the nature of investigation and proceedings 10.29.120 selection, qualifications, removal 10.29.080 vacancy in office, successor’s appointment 10.29.100 Statewide special inquiry judge vacancy in office, successor’s appointment 10.29.100 Term 10.29.030 Venue 10.29.120 Witnesses disclosure of information, prohibited 10.29.060 STATISTICS (See also VITAL STATISTICS) Bureau of statistics, agriculture and immigration established in office of secretary of state 43.07.050, Const. Art. 2 § 34 Labor reports of employers, owners, and operators 43.22.290 right of entry to gather, penalty 43.22.310 Labor and industries reports of employers, owners, and operators 43.22.290 right of entry to gather, penalty for obstructing 43.22.310 STATUTE LAW COMMITTEE (See also CODE REVISER) Appointments to 1.08.001 [RCW Index—page 709] STATUTE OF FRAUDS Bills of legislature, secretary of state to certify and deliver copies of bills to 44.20.020 Chairman 1.08.007 Code reviser compensation 1.08.011 defined 1.08.013 duties 1.08.015, 1.08.016, 1.08.017, 1.08.020, 1.08.021, 1.08.023, 1.08.024, 1.08.025, 1.08.026, 1.08.027, 1.08.028, 1.08.031, 1.08.110, 1.08.112 employment 1.08.011 secretary of committee 1.08.007 Composition of 1.08.001 Created 1.08.001 Deemed part of legislative branch for purposes of budget and accounting 43.88.230 Expenses and per diem of members 1.08.005 Meetings 1.08.007 Powers and duties code correction orders 1.08.016 enactment of codes titles, chapters, sections, recommendations to legislature 1.08.026 improvement of statutes, recommendations to legislature 1.08.025 Washington State Register publication 1.08.110 Quorum 1.08.007 Revised Code of Washington certification of official code 1.08.040 publication and distribution 1.08.037, 1.08.039 publication and distribution of code 1.08.038 specifications, certificate of compliance 1.08.037 Secretary 1.08.007 Session laws distribution, sale, exchange 40.04.031 index, headings, duty to make 44.20.050 publication temporary 44.20.030 separate copies available 44.20.030 specifications prescribed by 43.78.080 temporary edition publication 44.20.030 Statute law committee publications account 1.08.0392 Terms of members 1.08.003 Vacancies 1.08.003 Washington State Register publication 1.08.110 STATUTE OF FRAUDS Agreements, when void unless in writing Ch. 19.36 Contracts and credit agreements requiring writings, enforceability Ch. 19.36 Investment securities, inapplicability 62A.8-113 Sales uniform commercial code 62A.2-201 Uniform commercial code 62A.1-206, 62A.2201 STATUTE OF LIMITATIONS (See also LIMITATION OF ACTIONS) Appearance of fairness doctrine 42.36.080 Camping resorts, gross misdemeanors 19.105.480 Child sexual abuse recovery actions 4.16.340 Conflict of laws, limitations act Ch. 4.18 Criminal 9A.04.080 Dispute resolution centers 7.75.080 Holocaust insurance relief act, extension of limitation 48.104.110 Industrial insurance 51.04.100 Industrial insurance claims 51.28.050, 51.28.055 Judgment liens 4.56.190 Judgments, execution of 6.17.020 Letters of credit 62A.5-115 Personal representative breach of fiduciary duties 4.16.370 Product liability actions 7.72.060 Public disclosure requirements 42.17.410 Time computation 1.12.040 [RCW Index—page 710] Trust and estate dispute resolution Ch. 11.96A Trustee breach of fiduciary duties 4.16.370 Unclaimed property, uniform act 63.29.290 Uniform conflict of laws, limitations act Ch. 4.18 Uniform interstate family support act Ch. 26.21A STATUTES (See also ORDINANCES AND RESOLUTIONS; REVISED CODE OF WASHINGTON; SESSION LAWS) Amendment, set forth in full Const. Art. 2 § 37 Amendment or repeal to include reference to code numbers 1.08.050 Applicability of, declaratory order by agency 34.05.240 Bills of attainder prohibited Const. Art. 1 § 23 Cities and towns, adoption by reference 35.21.180 Collection of taxes, extension of time for by special legislation prohibited Const. Art. 2 § 28 Contracts, impairing obligations of prohibited Const. Art. 1 § 23 Corporations laws relating to may be amended or repealed Const. Art. 12 § 1 relief from liability by special legislation prohibited Const. Art. 2 § 28 Criminal statutes, repeal or amendment, savings clause presumed 10.01.040 Debts, extinguishment of by special legislation prohibited Const. Art. 2 § 28 Declaratory judgments as to validity 7.24.020, 7.24.110 Declaratory orders on applicability 34.05.240 Defects and omissions superior court judges to report to supreme court 2.08.250 supreme court to report to governor 2.04.230, Const. Art. 4 § 25 Effective date Const. Art. 2 § 41 Enacting clause, style Const. Art. 2 § 18 Ex post facto laws prohibited Const. Art. 1 § 23 Exclusive legislation congress has power of over certain lands of United States Const. Art. 25 § 1 subject to state’s right to serve process Const. Art. 25 § 1 Foreign statutes judicial notice 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 printed copies as evidence 5.44.070 Gender-neutral terms 1.08.130, 44.04.210 Governor approval, presentation for Const. Art. 3 § 12 passage over veto Const. Art. 3 § 12 Highways, opening or altering by special legislation prohibited, exceptions Const. Art. 2 § 28 Improvement 1.08.025 Indictments and informations exact wording of statute not necessary 10.37.160 private, how pleaded 10.37.170 Interest, regulation by special law prohibited Const. Art. 2 § 28 Judicial notice of statutes of other states and territories, uniform laws 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050 Legislative enactments to be by bill Const. Art. 2 § 18 requisites for final passage of bill Const. Art. 2 § 22 Multiple amendments, correction 1.12.025 Presentation to governor necessary Const. Art. 3 § 12 Repealed without reference to amendment, correction 1.12.025 Revised Code of Washington amendment or repeal to include code numbers 1.08.050 code reviser to assign code numbers to laws 1.08.050 codification of statutes 1.08.015 enactment of titles, chapters, sections 1.08.026 prima facie evidence of law 1.08.040 Rules of construction be liberally construed 1.12.010 continuation 1.12.020 court function 4.44.080 gender 1.12.050 indictments and informations, equivalent words in statutes may be used 10.37.160 internal references including amendments thereto, exceptions 1.12.028 month defined 1.16.060 multiple amendments 1.12.025 officer defined 1.16.065 person defined 1.16.080 retrospective application of construction statute 1.12.026 Revised Code of Washington code is evidence of law 1.04.020 contents are prima facie law 1.04.021 laws, previously existing, to control 1.04.020, 1.04.021 singular, plural 1.12.050 time computation 1.12.040 Rules of court, conflict with laws 2.04.200 Special legislation prohibited in certain enumerated cases Const. Art. 2 § 28 Superior court judges to report defect or omission in statutes to supreme court 2.08.250 Supreme court judges to report to governor on defects and omissions in law Const. Art. 4 § 25 Supreme court to report to governor on defects and omissions in law 2.04.230 Territorial, effective until repeal Const. Art. 27 § 2 Validity of appellate jurisdiction of supreme court to determine 2.04.010, Const. Art. 4 § 4 declaratory judgments as to 7.24.110 Validity or constitutionality of, code reviser not required to give opinion 1.08.028 Veto, passage over Const. Art. 3 § 12 When take effect Const. Art. 2 § 41 Without approval of governor, how becomes effective Const. Art. 3 § 12 STAY OF EXECUTION Bail forfeiture judgment 10.19.100 District courts 10.04.120 Foreign judgments, uniform act effect of appeal from 6.36.045 grounds for 6.36.045 STAY OF PROCEEDINGS (See also INJUNCTIONS) Certiorari, on 7.16.070, 7.16.080 Declaratory judgment proceedings 7.24.190 Mortgages, foreclosure 61.12.130 Securities for costs not filed, proceedings may be stayed 4.84.210 Writ of prohibition to command 7.16.310 STEALING (See LARCENY) STEAM ELECTRIC GENERATING PLANTS (See POWER FACILITIES AND RESOURCES, subtitle Steam electric generating plants) STEAM ENGINES AND BOILERS (See BOILERS AND PRESSURE VESSELS) STEAMBOAT COMPANIES (See TRANSPORTATION COMPANIES, subtitle Steamboat companies) STEAMBOATS (See VESSELS AND SHIPPING) STEELHEAD TROUT (See also FISH AND FISHING) State fish 1.20.045 STEPCHILDREN Inheritance by, escheat avoided 11.04.095 (2008 Ed.) STREETS AND ALLEYS STEPPARENT Parental leave application, determination of effective date 49.12.370 discrimination prohibited 49.12.360 legislative findings 49.12.350 STERILIZATION Criminals 9.92.100 STERLING SILVER Use of words, penalty 9.16.100, 9.16.120 STEROIDS Classification, board of pharmacy duties 69.41.310 Controlled substances, uniform act Ch. 69.50 Definitions 69.41.300 Practitioners uses restricted, recordkeeping requirements 69.41.320 Student athletes, loss of eligibility for use 69.41.340 Warning signs, school district duties to display 69.41.330 STEVEDORING Liens, see LIENS, subtitle Boats and vessels Tax imposed 82.04.260, 82.04.440 STEVENS COUNTY Boundaries, tracing of 36.04.330 Superior court judges, number of 2.08.065 STILLS (See ALCOHOLIC BEVERAGES, subtitle Stills) STINK BOMBS Unlawful use 70.74.310 STOCK (See LIVESTOCK; STOCKS AND SHARES) STOCK SAVINGS BANKS Incorporation and operation Ch. 32.35 STOCK TRANSFER Garnishment service of writ, effect upon, justice court proceeding 6.27.120 Garnishment, See also GARNISHMENT, subtitle Stock transfers Investment securities Ch. 62A.8 STOCKHOLDERS Garnishment, See GARNISHMENT, subtitle Stockholders STOCKS AND SHARES (See also BANKS AND BANKING; CORPORATIONS; PUBLIC UTILITIES, subtitle Stocks; STOCK TRANSFER) Attachment, procedure 6.17.160 Banks, See BANKS AND BANKING, subtitle Capital stock Capital stock savings bank, conversion of mutual savings bank Ch. 32.32 Cooperative associations, See COOPERATIVE ASSOCIATIONS, subtitle Stocks Credit unions, See CREDIT UNIONS Fictitious issue of stock or indebtedness void Const. Art. 12 § 6 Fish marketing associations articles to contain statement of 24.36.100, 24.36.110 power to deal in stock of other corporations 24.36.340, 24.36.390 Forgery in stock subscription 9.24.010 Fraudulent issuance or conveyance of, penalty 9.24.020 Garnishment service of writ, effect on 6.27.120 Insurance, See INSURANCE, subtitle Stock insurers Insurance companies investment in 48.13.210 common stock 48.13.220 ineligible stock, disposal of 48.13.290 limitations 48.13.218 preferred or guaranteed 48.13.080 (2008 Ed.) valuation of stocks held by 48.12.180 Insurance companies, See also INSURANCE, subtitle Organization of insurers domestic stock insurers, See INSURANCE, subtitle Stock insurers Investment securities, See also UNIFORM COMMERCIAL CODE, subtitle Investment securities Mining corporations, See MINES AND MINING, subtitle Corporations Mutual savings banks, See MUTUAL SAVINGS BANKS Stock associations business corporation act, association subject to 33.48.025 stock permanent stock requirements 33.48.030 preferred or special classes of shares authorized 33.48.030 Stock savings banks, incorporation and operation Ch. 32.35 Stock transfer, See STOCK TRANSFER Transportation companies, See TRANSPORTATION COMPANIES, subtitle Stocks Trust companies, See TRUST COMPANIES Unclaimed property 63.29.100 Uniform stock transfer act, See UNIFORM COMMERCIAL CODE, subtitle Investment securities STOCKYARDS Livestock identification Ch. 16.57 STONE PLANTS Cities and towns acquisition and operation of 35.92.030 STOP SIGNS Failure to comply with 47.36.180 "Yield right of way" signs on streets, roads and highways, generally 47.36.110 STORAGE Controlled atmosphere storage of fruits and vegetables Ch. 15.30 Controlled atmosphere storage of fruits and vegetables, See also FRUITS; VEGETABLES Explosives separate storage of components, when 70.74.297 Explosives, See also EXPLOSIVES Fireworks, See FIREWORKS, subtitle Storage Food storage warehouses, licensing requirements Ch. 69.10 Liens, See LIENS, subtitle Transportation, storage, and advancements Self-service storage facilities Ch. 19.150 STOREHOUSES (See WAREHOUSES) STORM WATER CONTROL FACILITIES (See CITIES AND TOWNS, subtitle Storm water control facilities; FLOOD CONTROL, subtitle Storm water; WATER-SEWER DISTRICTS, subtitle Storm water control facilities) STOUT (See ALCOHOLIC BEVERAGES; BEER AND BREWERIES) STRAW (See FEED) STRAY ANIMALS (See ANIMALS, subtitle Strays; LIVESTOCK, subtitle Strays) STREAMS (See RIVERS AND STREAMS) STREET RAILWAYS (See also TRANSPORTATION COMPANIES, subtitle Street railways) Car equipment requirements, penalty for violation 81.64.120, 81.64.130 Cities and towns extension beyond city limits, limitation upon 35.84.060 granting franchises 35.85.040 local improvement, assessments for 35.43.220, 35.43.230 local improvements, assessments for 35.43.200, 35.43.210 Consolidation of companies 81.64.070 Crimes relating to car equipment requirements 81.64.130 employees violating duty and endangering life 81.48.060 hours of labor 81.64.160 obstructing train or car 81.48.020 weather guards for employees 81.64.150 Crossings county roads 81.64.030 stop at crossings with other railroads required 81.48.050 Eminent domain powers 81.64.040 Employees competent required, penalty for violation 81.64.090 duty, violation of endangering life or safety 81.48.060 hours of labor, maximum, penalty for violation 81.64.160 weather guards to be furnished for, penalty for violation 81.64.140, 81.64.150 Fares for passengers 81.64.080 Franchises application for 81.64.020 authority for grants of 81.64.010 hearing upon application 81.64.020 notice of hearing upon application 81.64.020 Guard rails, adjusting so feet won’t be caught 81.44.130 Lease of property 81.64.060 Purchase of property of 81.64.060 Right of entry 81.64.050 Transfers for passengers 81.64.080 STREET YOUTH (See HOMELESS PERSONS) STREETS AND ALLEYS Abandoned state highway as 36.75.090 Access streets, classification 35.78.010 Aid in construction and maintenance of by state or county, procedure 47.24.050 Alleys, defined highway purposes 47.04.010 motor vehicle purposes 46.04.020 Bicycle paths included in long range planning programs 35.77.015 street funds, use for, authorized standards 35.75.060 Cities and towns abandoned state highways deemed as 36.75.090 access streets, classification as 35.78.010 annual report to secretary of transportation 35.21.260 arterial highways in classification 35.78.010 authority for local improvement 35.43.040 bicycle paths Ch. 35.75 construction, repair, and maintenance aid by state or county, procedure 47.24.050 record of funds used 35.21.270 county bridges across 36.75.200 curb ramps for physically handicapped required, standards and requirements 35.68.075 streets and alleys 35.68.076 dedication of county land for 36.34.290, 36.34.300 design standards deviation from 35.78.040 state committee for 35.78.020 uniformity 35.78.030 disincorporation, control to state 35.07.110 drawbridges Ch. 35.74 eminent domain regrade assessments 8.12.550 extension into navigable waters, declared as public highway 35.21.230 first class cities [RCW Index—page 711] STRIKES altering grade 35.22.280 lighting of 35.22.280 grades at high elevation, first and second class cities, effect on abutting private property Ch. 35.73 improvements provision of materials to street abutter 35.21.275 lighting systems local improvements 35.43.110 local improvement, authority for 35.43.040 local improvements and assessments Ch. 35.73, 35.77.020, 35.77.030 major arterials, classification as 35.78.010 obstructing is nuisance 7.48.120 obstructing or interfering with a public nuisance, penalty 9.66.010 obstructing vegetation, debris, removal or destruction 35.21.310 planning agreements with county, advanced plans 35.77.020 bicycle routes, included 35.77.015 public nuisances concerning 7.48.140 regrade assessments 8.12.550 second class cities cleaning 35.23.440 exclusive franchises 35.23.380 franchise to use 35.23.440 providing for 35.23.440 termination in waterfront or navigable waters leasing 35.23.410 notice before lease execution 35.23.420 state design standards committee 35.78.020 adoption of standards 35.78.030 state highways as, See STREETS AND ALLEYS, subtitle State highways, streets as street fund established, use 47.24.040 street lighting systems local improvement districts 35.43.110 telecommunications companies’ use of right of way 80.36.040 tidelands and shorelands of first class, supervision and control of 35.21.250 towns control and management of 35.27.370 franchises to use and occupy 35.27.370 traffic control devices, generally Ch. 47.36 vacation of Ch. 35.79 City hardship assistance program implementation by transportation improvement board 47.26.164 City street, defined 46.04.120 Closure of or restriction of traffic on authorized, procedure Ch. 47.48 Community restitution litter cleanup programs 72.09.260 County land for, dedication 36.34.290, 36.34.300 Crosswalk, defined 46.04.160 Diking districts, power to acquire right of way 85.05.080 Eminent domain proceedings set off for benefit to remaining property 8.25.210, 8.25.220, 8.25.230, 8.25.240, 8.25.250, 8.25.260 Extension over tidelands permitted Const. Art. 15 § 3 Franchise rights when limited access facility 47.52.090 Grade at high elevation, drainage impracticable on private property abutting, effect Ch. 35.73 Homeowners’ association speed limits on private roads, enforcement 46.61.419 Improvement or construction is prerequisite to development alternative financing methods 35.72.050 contract with land owner 35.72.010 reimbursement by other land owners 35.72.020, 35.72.030, 35.72.040 Lighting systems [RCW Index—page 712] cities and towns, local improvement, authority for 35.43.040 water-sewer district powers 57.08.060 Local utility districts authorized 54.16.120 Obstructing is nuisance 7.48.120 Obstructing or interfering with, public nuisance, penalty 9.66.010 Platted, designated public highways 58.08.035, 58.08.050 Public nuisances concerning 7.48.140 Right of way telecommunications and cable television service use Ch. 35.99, 35A.21.245 Rights of way across given for erection of toll bridges and related facilities, compensation 47.56.100, 47.56.110 Special legislation, opening or altering by, prohibited, exceptions Const. Art. 2 § 28 State design standards committee, classification of streets 35.78.020, 35.78.030 State highways, streets as city street fund established, use 47.24.040 construction and maintenance 47.24.010 designation 47.24.010 franchises across bridges jointly owned or operated with state 47.44.040 jurisdiction, control and duties of city or town and state with respect to 47.24.020 opening under special laws Const. Art. 2 § 28 return of to city or town 47.24.010 Streets as state highways franchise rights when limited access facility 47.52.090 franchises across bridges jointly owned or operated with state 47.44.040 jurisdiction, control and duties of city or town and state with respect to 47.24.020 speed, parking and traffic control regulations 47.24.020 Telecommunications companies’ use of right of way along 80.36.040 Traffic control devices Ch. 47.36 Transportation improvement programs, See TRANSPORTATION IMPROVEMENT PROGRAMS Waters backed and held over streets for public purposes 90.28.010, 90.28.020 STRIKES (See also LABOR, subtitle Strikes) Governor, power to suppress during state of emergency 43.06.010 Health care activities, labor relations 49.66.060 State of emergency, See STATE OF EMERGENCY STRIP SEARCHES (See JAILS, subtitle Strip, body cavity searches) STRUCTURES (See BUILDINGS) STUDENT EXCHANGE, INTERNATIONAL (See INTERNATIONAL STUDENT EXCHANGE) STUDENT LEARNING, COMMISSION ON Transfer of powers and duties 28A.655.900 STUDENTS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Students) STUMPAGE (See LOGS AND LOGGING) STURGEON (See FISH AND FISHING) SUBDIVISION OF LAND (See PLATTING, SUBDIVISION AND DEDICATION OF LAND) SUBPOENAS Airport hazardous structures, subpoena power of secretary of transportation to require reporting as to 47.68.350 Contempt of court failure to attend 5.56.061 Coroner’s jury, power 36.24.050 Court commissioner’s power to issue 2.24.040 Criminal procedure witnesses, compulsory process of by defendant Const. Art. 1 § 22 Department of transportation, power to issue aircraft accident hearings 47.68.280 District judges form of 12.04.201 Ecology, department of, subpoena power 43.37.050 Fees sheriff’s for service 36.18.040 Health care activities, labor relations, arbitration board 49.66.100 Health care disciplinary actions, immunity from 4.24.250 Health care practitioners, professional review activities 4.24.250 Health division director of, subpoena power of 43.20A.605 Indorsement of allowance for meals, lodging and travel when witness resides outside county, tender 5.56.010 Insurance commissioner, power to use 48.03.070 Judicial conduct commission, powers as to 2.64.060, 2.64.070 Labor and industries, power of director 43.22.300 Legal holidays, issuance of 2.28.100 Legislature, hearings and inquiries 44.16.010 Municipal courts, power of 35.20.260 Public assistance, division of, procedure 74.04.290 Referee’s power to issue 4.48.060 Savings and loan associations, subpoena power of director of financial institutions 33.04.030 Service of how and by whom served district court civil action 12.16.020 sheriff’s fee 36.18.040 State limited access facility through city or town, board of review to review plan, board’s power to issue subpoenas 47.52.170 Supplemental proceedings 6.32.180 Witnesses failure to attend contempt 5.56.061 liability and damages 5.56.060 residing outside county, allowance for meals, lodging and travel indorsed on, tender 5.56.010 service, how and by whom served district court civil action 12.16.020 SUBSCRIPTIONS Confession of judgment statement in writing 4.60.040 Corporate stock, See CORPORATIONS Purchase by public agencies, methods for payment of 42.24.035 SUBSISTENCE ALLOWANCES (See EXPENSES AND PER DIEM) SUBSTANCE ABUSE PROGRAMS (See ALCOHOLISM AND DRUG ADDICTION) SUBSTITUTION (See also INTERPLEADER) SUBVERSIVE ACTIVITIES (See also ANARCHY; SABOTAGE) Definitions 9.81.010 Dissolution of subversive organization forfeiture of charter, funds, books, records, files, etc. 9.81.050 property seized 9.81.050 Membership in subversive organization, penalty 9.81.030 SUBWAYS Cities and towns, See CITIES AND TOWNS, subtitle Subways Compressed air work, See LABOR, subtitle Underground work Port districts, acquisition and operation of facilities 53.08.020 (2008 Ed.) SUPERINTENDENT OF PUBLIC INSTRUCTION SUFFRAGE Equal Const. Art. 6 § 1 Exercise of right to be free, equal, and undisturbed Const. Art. 1 § 19 SUICIDE Life insurance, limitation of liability 48.23.260 Natural death act physician-assisted suicide not authorized 70.122.100 Promoting an attempt class C felony 9A.36.060 SUITS (See ACTIONS AND PROCEEDINGS) SULFITE MILLS (See PULP AND PAPER MILLS) SUMMONS (See also SERVICE OF PROCESS AND PAPERS) Actions by cities and towns to terminate trust, property acquired at local improvement foreclosure proceedings 35.53.060 Child, death or injury, notice of action to other parent 4.24.010 District judges contents 12.04.020 issuance, form 12.04.020 service of 12.04.020, 12.04.050, 12.04.080 Ejectment and quieting title actions, service by publication 7.28.010 Forcible entry and detainer proceedings 59.12.080 Foreclosure of assessments local improvement districts 35.50.225 Joint debtors, against, after judgment affidavit to accompany 4.68.030 contents 4.68.020 pleading component 4.68.050 procedure 4.68.010 service of 4.68.020 Juvenile court issuance 13.34.070 service 13.34.080 Legal publication 65.16.060 Municipal local improvement assessments foreclosure procedure 35.50.250 Out-of-state witnesses uniform act, definition 10.55.010 Registration of land titles, when summons will issue 65.12.120 Rent default, notice 59.08.010 Service of actions against state 4.92.020 domestic corporation without officer in state 4.28.090 generally 85.28.090 how served 4.28.080 joint debtors, against, after judgment 4.68.010, 4.68.020 affidavit to accompany 4.68.030 out-of-state parties 4.28.180 acts submitting to state jurisdiction 4.28.185 publication, by 4.28.110, 85.28.080 contents 4.28.110 form of 4.28.110 right to appear, defend or reopen 4.28.200 unknown heirs 4.28.140, 4.28.150 when authorized 4.28.100 SUNDAY Habeas corpus power of superior court to issue writ of on Sunday 2.08.010, Const. Art. 4 § 6 Injunctions, power of superior court to issue on Sunday 2.08.010, Const. Art. 4 § 6 Liquor sales 66.08.166, 66.08.167 Process habeas corpus power of superior court to issue writ of on Sunday 2.08.010, Const. Art. 4 § 6 injunctions, power of superior court to issue on Sunday 2.08.010, Const. Art. 4 § 6 (2008 Ed.) Prohibition, power of superior court to issue writ of on Sunday 2.08.010, Const. Art. 4 § 6 Publication of legal notices, consecutive publication omission on Sundays and holidays, legality 65.16.100 SUNRISE LAWS Definitions 43.133.020 Effect on validity of legislative action 43.133.080 Sunrise notes contents 43.133.040 filing 43.133.060 forwarding to legislative committees 43.133.070 preparation 43.133.050 procedure 43.133.030 SUNSET LAWS Alternative public works contracting procedures 43.131.407, 43.131.408 Definitions 43.131.030 Entities scheduled for termination Ch. 43.131 Expiration 43.131.900 Hispanic affairs commission repeal 43.131.342 termination 43.131.341 Legislature findings 43.131.020 Manufacturing innovation and modernization extension service program repeal 43.131.410 termination 43.131.409 Minority and women’s business enterprises linked deposit program repeal 43.131.382 Performance measures 43.131.061 Prescription drug discount program repeal 43.131.404 termination 43.131.403 Program and fiscal review 43.131.051 Regulatory assistance, office of repeal 43.131.402 termination 43.131.401 Scope of review, recommendations 43.131.071 Sex offender policy board repeal 43.131.412 termination 43.131.411 State entities reestablishment when scheduled for termination 43.131.040 termination, effect 43.131.090, 43.131.100, 43.131.130 termination, procedure 43.131.150 Termination of entities, effect 43.131.090 Underground storage tank program termination 43.131.393, 43.131.394 Veterans innovations program 43.131.405, 43.131.406 SUPERFUND (See HAZARDOUS WASTE CLEANUP) SUPERINTENDENT OF PUBLIC INSTRUCTION Administrative hearings contract with administrative hearings office 28A.300.120 Adult education transfer of powers of superintendent of public instruction and state board of education to state board for community and technical colleges 28B.50.912 African-American students education performance measures 28A.300.137 Agriculture, vocational education, See SUPERINTENDENT OF PUBLIC INSTRUCTION, subtitle Vocational agricultural education Annuities, tax deferred 28A.400.250 Art, works of, purchases 28A.335.210 Assessment tests coordination of procedures 28A.230.250 curriculum-based procedures 28A.155.140 local control and flexibility 28A.630.045 mathematics, end-of-course assessments 28A.655.066 norm-referenced 28A.655.200 objective alternative methods 28A.655.063, 28A.655.065 reporting requirements 28A.655.090 Assistant superintendent appointment, civil service exemption 28A.300.020 Associated student body, rules and regulations affecting, promulgation of 28A.325.020 Autism, information 28A.155.190 Basic education allocation annual apportionments by 28A.150.250 paperwork to be reduced 28A.150.290 unforeseen conditions to be recognized 28A.150.290 Budget educational centers, inclusion in biennial budget request 28A.205.090 Budget procedures and practices, adoption of rules and regulations for 28A.505.140 Buildings and plants, state aid art, works of, purchases 28A.335.210 common school plant facilities aid powers and duties 28A.525.164 common school plant facilities aid, application 28A.525.172 inventory assessment exclusion, new construction eligibility 28A.525.055 Buses, school driver training and qualifications 28A.160.210 replacement incentive program 28A.160.205 Career and technical education, secondary Ch. 28A.700 Child abuse council for children and families Ch. 43.121 Child abuse, information on prevention of rules 28A.300.150 Children’s administration out-of-home care, students in report on educational experiences 28A.300.525 Civics curriculum, interactive 28A.625.035, 28A.630.035 Civil education travel grant program 28A.300.480 Civil liberties public education program Japanese Americans, World War II internment 28A.300.390, 28A.300.395, 28A.300.400, 28A.300.405, 28A.300.410, 28A.300.412, 28A.300.415 Classroom assistants paraprofessional training program 28A.415.310 College credit programs information 28A.300.118, 28A.300.119 Constitutions, study of, rules and regulations 28A.230.170 Contagious or infectious diseases, exclusion of persons having from school premises, superintendent to distribute rules and regulations 28A.210.010 Contract file, keeping in accordance with interstate agreement on qualifications of educational personnel 28A.690.030 Corporal punishment prohibited in the common schools duty to consult on adoption of policy 28A.150.300 Corrupt practices, penalty 28A.635.050 Crimes against children by school employee notification of conviction or guilty plea, duties 43.43.845 Curriculum vocational and academic education, development of model curriculum 28A.300.235 vocational and academic education, integration 28A.300.230 Curriculum-based assessment procedures 28A.155.140 [RCW Index—page 713] SUPERINTENDENT OF PUBLIC INSTRUCTION Data systems 28A.300.500, 28A.300.505, 28A.320.175 Deputy superintendent appointment, civil service exemption 28A.300.020 Disabilities, children with administrative section 28A.155.020, 28A.155.030 administrative section for duty and authority 28A.155.090 Dropout prevention, intervention, and retrievel system Ch. 28A.175 Duties Const. Art. 3 § 22 Early intervention programs and curriculum planning 28A.155.140 Educational centers allocation of funds 28A.205.070 biennial budget request, SPI to include in 28A.205.090 Educational centers, certification 28A.205.010 Educational service districts board-member districts, boundary changes, board decides questions on 28A.310.030 boundaries, changes in, superintendent to furnish materials and personnel aid 28A.310.020 budgets 28A.310.330 delegation of authority to districts 28A.310.470 employee attendance incentive program duties 28A.310.490 purpose 28A.310.010 self-insurance programs 48.62.125 state funds allocated to by, procedure 28A.310.320 superintendent to provide assistance in consideration of the initial proposed plan 28A.310.020 transfer of records when prior district is split into two or more educational service districts 28A.310.310 Election 28A.300.010, Const. Art. 3 § 1 Employees corrupt practices penalty 28A.635.050 Employment of clerical help 28A.300.020 Energy information program development duties 28A.300.164 Equalization of state funds, rules and regulations to be adopted by, concerning part time students and work training programs 28A.150.350 Excellence in education award program certificate 28A.625.042 Christa McAuliffe award for teachers 28A.625.030 established 28A.625.020 powers and duties 28A.625.050 recognition award 28A.625.042 Washington state Christa McAuliffe award for teachers 28A.625.030 Family preservation education program 28A.300.185 Federal food service revolving fund 28A.235.020, 28A.235.030 Federal forest revolving account 28A.520.020 Federal funds, authority to receive and disburse 28A.235.010 Federal funds, receipt and administration of by superintendent of public instruction 28A.300.070 Financial literacy public-private partnership account 28A.300.465 best methods, outcome measures 28A.300.460 definitions, strategies, report 28A.300.455 duties 28A.230.205 established 28A.300.450 expiration date 28A.300.470 Food service revolving fund 28A.235.020, 28A.235.030 Food services [RCW Index—page 714] breakfast and lunch programs grants, increased state support 28A.235.150 use of state funds 28A.235.145 summer food service program federal, administration 28A.235.155 Washington grown fresh fruit and vegetable grant program 28A.235.170 Gang activity task force 28A.300.490 Graduation requirements implementing rules, exemptions 28A.230.100 Handicaps, children with commitment order transmitted 26.40.060 Hearing tests for pupils in school 28A.210.020, 28A.210.030, 28A.210.040 High schools student enrollment options, rules 28A.600.390 transcripts, standardized 28A.230.135 Highly capable students authority of districts 28A.185.030 funding, categorical 28A.185.020 program established 28A.185.010 program review and monitoring 28A.185.050 Holocaust instruction encouraged materials, preparation and availability of 28A.300.115 Honors awards program areas included 28A.600.060 business and industry recognition encouraged 28A.600.080 established 28A.600.050 materials for conferring honors 28A.600.080 rule adoption, authority and requirements 28A.600.070 Immunization program for school children 28A.210.060, 28A.210.070, 28A.210.080, 28A.210.090, 28A.210.100, 28A.210.110, 28A.210.120, 28A.210.140, 28A.210.170 record verifying procedure, rule adoption 28A.210.150 statewide information to be provided 28A.210.130 Immunization program for school children, rules 28A.210.160 Incarcerated parents policies for children of 28A.300.520 Indoor air quality in schools model program 70.162.050 International student exchange organizations exchange program information to districts 28A.300.240 Interstate agreement on qualifications of educational personnel, duties under 28A.690.010, 28A.690.020, 28A.690.030 Legislative youth advisory council 28A.300.801 Local school district superintendent professional certification not required by 28A.410.120 Math, engineering, and science achievement program legislative findings and intent 28A.625.200 Mathematics after-school support program 28A.300.510 college readiness test 28A.320.180 statewide director for math, science, and technology 28A.300.515 Mentor teachers full-time mentor teachers pilot program 28A.415.260 teacher assistance program, participation in 28A.415.250 Missing children clearinghouse duties relating to 13.60.030 National guard youth challenge program 28A.300.165 Natural science, wildlife, and environmental education grant program 28A.300.440, 28A.300.445 Nonhigh school district payments for student education costs rule-making authority 28A.545.110 Nonhigh school districts new programs or grades approval, rules 28A.545.120 payments for student education costs 28A.545.070 Nutrition programs, federal duties 28A.300.250 Oath of office 43.01.020 Paraeducators associate of arts degree program development 28A.630.400 Paraprofessional training program 28A.415.310 Part time students, enrollment authorized, reimbursement of costs, superintendent’s duties 28A.150.350 Powers and duties board of supervisors, as member of 28A.335.270 classification and numbering system of school districts 28A.300.065 generally 28A.300.040, 28A.300.045 hearing tests for pupils in school, duties respecting 28A.210.030, 28A.210.040 national guard youth challenge program 28A.300.165 Preschools, regulation 28A.215.020 Principal internship support program 28A.415.270 rule making authority 28A.415.300 Private school advisory committee, appointment 28A.195.050 Professional educator standards board 28A.410.200, 28A.410.210, 28A.410.220, 28A.410.230, 28A.410.240 Professional educators excellence 28A.300.050 Public meetings, notices of, contained in state register 34.08.020 Records to be kept at seat of government Const. Art. 3 § 24 Religious rights of students 28A.600.025 Reports to state school directors’ association by 28A.345.040 Residential school residents, educational programs 28A.190.020, 28A.190.030, 28A.190.040, 28A.190.050, 28A.190.060 Retirement, tax deferred annuities 28A.400.250 Rules enforcement by school board of directors 28A.600.010 school district bylaws to be in conformance with 28A.600.010 Rules and regulations of educational centers reentry into school system 28A.205.030 in-service service training, allocation of funds 28A.415.040 Salary, amount of 43.03.010 School apportionment, duty of superintendent to make 28A.510.250 School employee providing service to superintendent, reimbursement of substitute 28A.300.035 School plant facilities aid 1984 bond issue, duties under 28A.525.216 School plant facilities aid, 1980 bond issue, duties under 28A.525.230, 28A.525.240, 28A.525.250, 28A.525.260, 28A.525.270, 28A.525.280, 28A.525.290, 28A.525.300 Schools, administration 28A.150.070 Schools administered by Const. Art. 3 § 22 Schools and school districts district regional committees, duties 28A.315.175 powers and duties, public information and guidance manual 28A.525.060, 28A.525.174 Science statewide director for math, science, and technology 28A.300.515 Scoliosis, school screening program for distribution of rules, records and forms 28A.210.220 Self-insurance of school and educational service districts (2008 Ed.) SUPERIOR COURTS operation and management, rule-making authority 48.62.121 Sex offenses, sex offenders, victims of sexual assault educational materials regarding 28A.300.145 Sexual equality in public schools, See SEXUAL EQUALITY Sexual harassment policies 28A.640.020 Sexual health education 28A.300.475 Skill centers Ch. 28A.245 State aid for school buildings and plants, duties concerning, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Buildings and plants, state aid State general fund estimate of apportionment demands certified to governor 28A.300.170 State otologist, cooperation with 70.50.020 Steroids student athletes, loss of eligibility for use 69.41.340 warning signs displayed in schools 69.41.330 Student teaching centers allocation of funds 28A.415.130 rulemaking authority 28A.415.145 Students at-risk, rules 28A.630.810 due process 28A.600.015 Succession to office of governor Const. Art. 3 § 10 Superintendent and program administrator internship support program 28A.415.280 rule making authority 28A.415.300 Suspension of students community service as alternative duties 28A.600.415 Teacher assistance program 28A.415.250 full-time mentor teachers pilot program 28A.415.260 Teacher certification revocation or suspension 28A.410.090 violation or noncompliance investigatory powers of superintendent of public instruction 28A.410.095 Technology, educational definitions 28A.650.010 education technology account 28A.650.035 educational technology advisory committee 28A.650.015 K-12 education statewide network, distribution of funds to expand 28A.650.030 K-12 education technology plan development and implementation 28A.650.015 legislative findings and intent 28A.650.005 regional educational technology support centers, distribution of funds to 28A.650.025 regional educational technology support centers and advisory councils 28A.650.020 rule making authority 28A.650.040 Temperance and good citizenship day, program for 28A.230.150 Term of office 28A.300.010, 43.01.010, Const. Art. 3 § 3 Traffic safety commission, membership on 43.59.030 Traffic safety education courses in schools alcohol and drug abuse information, inclusion in instructional material for 28A.220.060 annual report of school districts to 28A.220.030 audit of records and accounts of school districts 28A.220.030 intermediate drivers’ licenses 28A.220.070 rules and regulations promulgated by 28A.220.030 traffic safety education section in office of superintendent, duties 28A.220.030 Traffic safety education in schools driving safely among bicyclists and pedestrians 28A.220.085 (2008 Ed.) Transitional bilingual instruction program 28A.180.010, 28A.180.020, 28A.180.030, 28A.180.040, 28A.180.060, 28A.180.080 report to legislature 28A.180.090 Transportation costs, equipment, reimbursement from state funds, superintendent’s duties 28A.150.280 Transportation routes, superintendent’s duties 28A.160.040, 28A.160.050, 28A.160.060, 28A.160.070 Transportation vehicle fund, rules, authority to promulgate 28A.160.130 Video telecommunications programming coordination duties 28A.300.190 Violence prevention training for school employees 28A.300.270 Violence reduction conflict resolution and mediation program 28A.300.280 Visual arts program 28A.335.210 Vocational agricultural education rules 28A.300.100 vocational agriculture education service area, established, duties 28A.300.090 Vocational-technical institutes transfer of powers of superintendent to state board for community and technical colleges 28B.50.915 Waste reduction and recycling awards program duties 70.95C.120 Weapons possession on school premises incident reporting requirements 28A.320.130 Work force training and education coordinating board cooperation 28A.300.220 World War II oral history project 28A.300.370 SUPERIOR COURT JUDGES’ ASSOCIATION Annual meetings 2.16.050 Creation 2.16.010 Membership 2.16.010 Officers election and terms 2.16.020 Uniform court rules, may establish and amend 2.16.040 SUPERIOR COURTS Actions damages, five thousand dollars or less, attorneys’ fees as costs 4.84.300 Actions, See also ACTIONS AND PROCEEDINGS Actions by cities and towns to terminate trust, property acquired at local improvement foreclosure proceedings 35.53.040, 35.53.050, 35.53.060, 35.53.070 Actions to determine land boundaries 58.04.020 Adjournments effect of 2.08.040 power of 2.28.120 supplemental proceedings 6.32.050 while jury is out 4.44.350 Administrator for the courts act, application of 2.56.080 Allocation, each county to have a superior court 2.08.060 Appellate jurisdiction 2.08.020, Const. Art. 4 § 6 Appointment of attorneys to represent indigent accused of crime 36.26.090 Bailiffs appointment 2.32.330 compensation amount 2.32.360 payment of 2.32.370 number 2.32.330 Birth records, petition to superior court when delayed registration not available 70.58.145 Books to be kept, enumeration of 36.23.030 Cities and towns actions by to terminate trust, property acquired at local improvement or utility local improvement foreclosure proceedings 35.53.070, 35.54.050 dissolution, involuntary 35.07.240 Clerks abstract of verdict duties 4.64.100 acknowledgment of instruments 64.08.010 affidavit required for service by publication filed with 4.28.100 aliens committed for crime, notice to immigration authorities, copies of clerk’s records 10.70.150 assignment of judgment filed with 4.56.090 attachment bond filed with 6.25.080 issuance of writ 6.25.030 attestation of court records and proceedings for admission in evidence 5.44.010 bonds, official, determination of amount 36.23.020 civil rights, issuance of copies of instruments restoring 5.44.090 consent to decrease in number of jurors entered by 4.44.120 cost bill filed with 4.84.090 cost bills in felony cases, duties 10.46.220 costs bond in lieu of separate security filed with 4.84.220 deposits in lieu of bonds for security for costs 4.84.210 security for costs filed with 4.84.210 standing bond for numerous actions 4.84.220 taxation by, retaxation by court 4.84.200 court exhibits criminal cases, preservation for at least fifteen years 36.23.070 destruction of 36.23.070 court records, custody and delivery 36.23.040 criminal procedure, final record of proceedings made by 10.64.100 decisions of superior court judges filed with 2.08.190 deposits with, in lieu of bond for security for costs 4.84.210 disbursements statement filed with 4.84.090 eminent domain proceedings affidavit of unknown owners filed with 4.28.120 entries in execution docket (contents) 4.64.080 entry of judgment in execution docket 4.64.030 entry of proof as executor or administrator for execution of judgments 6.17.030 entry of proof as legal representative for execution of judgment 6.17.030 entry of verdict by 4.64.020 execution docket duties 4.64.060 execution docket entries by 4.64.100 execution of judgments duties 6.17.120 fees 36.18.012, 36.18.014, 36.18.016, 36.18.018 electronic payment 36.23.100 enumeration 36.18.020 waived, when 36.18.022 filing with assignment of judgment 6.17.030 attachment bond 6.25.080 cost bill 4.84.090 cost bond in lieu of separate security 4.84.220 decisions and rulings made outside of county where cause is pending 2.08.200 disbursement statement 4.84.090 eminent domain proceedings affidavit of unknown owners 4.28.120 foreign judgments authorized, effect 6.36.025 notice, contents, effect 6.36.035 judgments certified abstract of judgment 4.56.200 certified abstract of record of judgment of justice of the peace filed with judgment liens commencing on 4.56.200 [RCW Index—page 715] SUPERIOR COURTS certified copies of assignment of judgment 4.56.090 certified transcript of docket of justice of the peace filed with, judgment of liens commenced by 4.56.200 judicial sales confirmation proceedings 6.21.110 judicial sales redemption 6.23.040 motion to review court commissioners’ proceedings 2.24.050 note of issue of facts 4.44.020 note of issue of law furnished to 4.44.020 official bonds 36.16.060 referee’s report 4.48.080 rulings and decisions of superior court judges 2.08.190 service by publication affidavit 4.28.100 transcript of testimony 2.32.240 verdict 4.44.460 filing with, See also RECORDING AND FILING generally Ch. 36.23 habeas corpus delivery of writ to sheriff, when 7.36.060 issuance of writs and process 7.36.240 indexing by certified abstracts of judgments 4.64.120 certified transcript of judgment of district court 4.64.120 issuance of copies of instruments restoring civil rights 5.44.090 judgments certified abstract of judgment filed with judgment liens commenced on 4.56.200 certified abstract of record of judgment of justice of the peace filed with judgment liens commencing on 4.56.200 certified transcript of docket of justice of the peace filed with, judgment liens commenced by 4.56.200 judicial sales confirmation, notice requirements 6.21.110 confirmation docket entries 6.21.110 custody of money before confirmation 6.21.110 sheriff’s return to clerk 6.21.100 jury impanelling procedure, duties 4.44.120 law partnership prohibited 2.32.090 levy and sale on execution of judgment, duties 6.17.130 listing legal newspapers 65.16.070 mistakes, vacation or modification of judgment or order because of 4.72.010 motion for, time limitation for 4.72.020 money in lieu of bond in civil actions deposited with 4.44.470 motion dockets, entering argument date of issues of law 4.44.020 notes of official reporter filed with 2.32.200 oaths and affirmations administered by 5.28.010 omissions of, vacation or modification of judgment or order because of 4.72.010 motion for, time limitation for 4.72.020 partition proceedings, See PARTITION powers and duties, generally 2.32.050 practicing law prohibited 2.32.090 record of attendance of witnesses to be kept by 4.84.090 recording and filing of wills 11.20.050 recording of assignment of judgment 6.17.030 redemption, certificate of judgment docket 6.23.080 referees final report and papers to be filed with 4.48.110 notice to clerk five days prior to trial 4.48.130 referee’s report filed with 4.48.080 replevin, claims of immediate delivery, return of proceedings to be filed with 7.64.110 rulings and decisions of superior court judges filed with 2.08.190 [RCW Index—page 716] satisfaction of judgment for payment of money only, procedure 4.56.100 state, judgments against, duties 4.92.040 testimony, taking by 5.28.010 traffic charges, records 46.52.101 traffic violations record, clerk to keep 46.52.100 transcript of record entries on venue change 4.12.100 transcripts of testimony filed with 2.32.240 transmission of records on venue change 4.12.090 trial docket, entering trial date of issues of fact 4.44.020 verdicts filed with 4.44.460 wills, recording and filing of 11.20.050 writ of execution subscribed by 6.17.110 Collection of unpaid financial obligations, contracts 36.18.190 Contempt, See CONTEMPT Corporations liquidation, nonprofit corporations 24.03.265 County commissioners appeals from, procedure 36.32.330 compensation for extra services, approval 36.32.310 County legislative authority approval of special attorneys 36.32.200 County road improvement districts assessments, appeals from 36.88.100 County roads, true location, action to determine 36.75.120 County seats, sessions held at 2.08.030 Court commissioners appointed Const. Art. 4 § 23 concurrent powers in certain instances 2.24.040 pro tempore 2.08.185 Court commissioners, See also COURT COMMISSIONERS Court house, county to furnish 2.28.139 Court of appeals, appointments to, replacement 2.06.070 Court of record, as 2.08.030, Const. Art. 4 § 11 Courtrooms acquisition of suitable 2.28.140 neglect in providing suitable 2.28.140 Courts of limited jurisdiction, appeals 3.02.020 Criers appointment 2.32.330 number 2.32.330 Damage actions, five thousand dollars or less, attorneys’ fees as costs 4.84.300 Decisions, time limit for rendering 2.08.240 Decisions to be made within ninety days Const. Art. 4 § 20 Deposits in, See DEPOSITS IN COURT Detainers, interstate administrator, state 9.100.060 appropriate court, defined 9.100.020 enforcement 9.100.030 escape, effect 9.100.040 giving over of inmate authorized 9.100.050 request for temporary custody, notice to prisoner and governor 9.100.070 text of agreement 9.100.010 transmission of copies of chapter by secretary of state 9.100.080 Ditches and drains, private condemnation proceedings, generally Ch. 85.28 Documents, See SUPERIOR COURTS, subtitle Records Election of judges Const. Art. 4 § 5 Equity jurisdiction Const. Art. 4 § 6 Exhibits availability to reporters 2.32.290 destruction, sheriff’s disposal, or preservation 36.23.070 Family court jurisdiction 26.12.010 revision of acts and proceedings of 26.12.215 Files of availability to reporters 2.32.290 Files of, See also SUPERIOR COURTS, subtitle Records Filing, See SUPERIOR COURTS, subtitle Clerks Fines, penalties, forfeitures, and costs disposition 10.82.070 Forfeiture of office for late decisions 2.08.240 Garnishment fee, application for writ 6.27.060 jurisdiction over state and political subdivisions, when 6.27.040 Grand jury summoned only on order of judge Const. Art. 1 § 26 Guardians authority to appoint 11.88.010 Habeas corpus holidays, issuance of writ on 2.08.010, Const. Art. 4 § 6 power to grant writ 7.36.040, Const. Art. 4 § 6 writ returnable to 2.04.010 Habeas corpus, See also HABEAS CORPUS Health care claims exemption of mediated action from arbitration or settlement conference requirements 7.70.130 Human rights commission appeal from orders 49.60.270, 49.60.280 enforcement of orders 49.60.260 Injunctions generally Ch. 7.40 holidays, issuance on 2.08.010, Const. Art. 4 § 6 Injunctions, See also INJUNCTIONS, subtitle Superior courts Involuntary dissolution, decree of, nonprofit corporations 24.03.290 Journals of proceedings, clerk to keep 2.32.050 Judge as trustee, unincorporated towns on United States land 58.28.480 Judges acknowledgment of instruments 64.08.010 administrator for the courts assignment to another county or district by chief justice, duty to obey 2.56.040 expenses when under assignment 2.56.070 requests for information, must comply with 2.56.050 affidavit of prejudice against 4.12.050 allocation of 2.08.061, 2.08.062, 2.08.063, 2.08.064, 2.08.065 annual conference of judges 2.56.060 assignment of judges and judicial business Const. Art. 4 § 5 contempt of court punishment power 2.28.070 contempt of court, See also CONTEMPT continuances, power of judge to grant within judicial district 2.08.190 county boundary determinations, qualifications 36.05.020 court commissioners appointment of 2.24.010, Const. Art. 4 § 23 concurrent powers in certain instances 2.24.040 decisions, time limit for rendering Const. Art. 4 § 20 defects in law, reporting to supreme court Const. Art. 4 § 25 defined as judicial officers 2.28.030 disqualification of 2.28.030 grounds 4.12.030 grounds for change of venue 4.12.030 waiver 2.28.030 election of 2.08.060, Const. Art. 4 § 5 nonpartisan primary no contest, authority of legislature to provide procedure, when Const. Art. 4 § 29 eligibility Const. Art. 4 § 17 habeas corpus bail 7.36.150 criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 (2008 Ed.) SUPERIOR COURTS determination of cause 7.36.120 discharge 7.36.150 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040, Const. Art. 4 § 6 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 returnable to 2.04.010 temporary orders 7.36.220 warrant to prevent removal or irreparable injury 7.36.190 witnesses 7.36.150 compelling attendance of 7.36.170 ineligible to other office or employment Const. Art. 4 § 15 injunctions Ch. 7.40, 7.40.010 judicial gowns 2.04.110 juries, not to charge as to matters of fact Const. Art. 4 § 16 jurisdiction Const. Art. 4 § 6 injunctions 7.40.010 restraining orders 7.40.010 legal aid county committee, member of 2.50.070 magistrates, are 2.20.020 matters heard outside of judicial district 2.08.200 member of superior court judges’ association 2.16.010 not to practice law 2.48.200 oath of office 2.08.080, Const. Art. 4 § 28 powers 2.28.080 in counties of his judicial district 2.08.190 to issue writs 2.08.010 practice of law prohibited Const. Art. 4 § 19 prejudice of affidavit of prejudice 4.12.050 ground for change of venue 4.12.050 pro tempore 2.08.180, 2.08.185, Const. Art. 4 §7 pro tempore appointment 2.56.170 recall, exception from Const. Art. 1 § 33 rendition of accused persons act designated agent must file certain documents with 10.91.010 impose conditions of release to assure appearance at hearing 10.91.020 order for return of accused person to demanding court, judge or magistrate, issued by 10.91.030 preliminary hearing upon arrest of accused person advise right to confront witnesses against him 10.91.020 advise right to counsel 10.91.020 advise right to produce evidence 10.91.020 may waive hearing and agree to be returned to demanding state 10.91.020 set time and place of hearing 10.91.020 warrant for arrest of accused person violating terms of release, issued by 10.91.010 report to judges of supreme court as to defects or omissions in statutes 2.08.250, Const. Art. 4 § 25 retirement Const. Art. 4 § 3A judicial retirement system, See JUDICIAL RETIREMENT SYSTEM; RETIREMENT AND PENSIONS salaries 2.08.092, Const. Art. 4 § 13, Const. Art. 4 § 14 affidavit of compliance with administrator for the courts, salary withheld until 2.56.040 apportionment to counties 2.08.110 increase during term, authorized Const. Art. 30 § 1 serving districts comprising more than one county (2008 Ed.) travel expenses, reimbursement of 2.08.115 session of court may be held in any county on request Const. Art. 4 § 7 state bar membership 2.48.021 terms of office 2.08.070, Const. Art. 4 § 5 transcripts of testimony, ordering for pauper 2.32.240 uniform rules, to establish 2.08.230 vacancies how filled 2.08.120 term of appointee 2.08.120 term of electee 2.08.120 visiting judges assigned under administrator for the courts act, expenses when under assignment 2.56.070 governor to appoint when requested 2.08.140 request for by judge or judges 2.08.150 requests for to governor 2.08.140 writs may be issued by Const. Art. 4 § 6 Judicial power, vested in Const. Art. 4 § 1 Juries, See JURIES AND JURORS Jurisdiction actions against state 4.92.010, 4.92.090 appellate 2.08.020, Const. Art. 4 § 6 courts of limited jurisdiction, review 3.02.020 ejectment and quieting title 7.28.010 equity jurisdiction Const. Art. 4 § 6 family court 26.12.010 harassment actions, transfer from district court allowed, conditions 10.14.150 injunctions 7.40.010 labor dispute injunctions 49.32.050 motor vehicle violations concurrent jurisdiction 46.08.190 municipal courts, concurrent jurisdiction 35.20.250 original 2.08.010, Const. Art. 4 § 6 restraining orders 7.40.010 Thurston county actions against state brought in 4.92.010 writs returnable to from supreme court 2.04.010 Jurisdiction, See also JURISDICTION Jurisdiction over landlord and tenant, residential landlord and tenant act 59.18.050 Jurisdiction under land development act 58.19.280 Jurors compensation by county when 36.01.060 Jurors, See also JURIES AND JURORS, subtitle Superior courts Juvenile court consolidated juvenile services purpose 13.06.010 rules and regulations governing 13.06.030 state aid for 13.06.020 application 13.06.040 computation of 13.06.050 probation counselor and detention services, administration by 13.04.035 Juvenile court division 13.04.021 Juveniles, See JUVENILE COURT Labor dispute injunctions generally Ch. 49.32 jurisdiction 49.32.050 Land development act, jurisdiction under 58.19.280 Land use petitions, judicial review Ch. 36.70C Legal holidays adjournment 2.28.110 judicial business prohibited, exceptions 2.28.100 Logging liens appointment of receiver 60.24.130 venue 60.24.120 Mandatory arbitration actions subject to 7.06.020 arbitrators, qualification, compensation, appointment 7.06.040 attorney’s fees 7.06.060 authorization 7.06.010 costs 7.06.060 decision, award, appeal, trial, judgment 7.06.050 effective date 7.06.910 implementation, supreme court rules 7.06.030 right to trial by jury 7.06.070 severability 7.06.900 Metropolitan municipal corporations, enforcement of rules and regulations 35.58.360 Motor vehicle law concurrent jurisdiction 46.08.190 Mt. St. Helens proceedings necessary to facilitate recovery given precedence 43.01.215 Municipal courts, concurrent jurisdiction 35.20.250 Municipal local improvement assessments and utility local improvement assessments foreclosure proceedings 35.50.050 Municipal local improvements, appeal of decisions 35.44.200, 35.44.210, 35.44.220, 35.44.230, 35.44.240, 35.44.250 Naturalization, power of Const. Art. 4 § 6 Nonjudicial days, closed on 2.08.030 Oath of office 2.08.080 Oaths and affirmations form may be varied by 5.28.030 power to administer 2.28.010 Open, except on nonjudicial days Const. Art. 4 § 6 Orders, See ORDERS OF COURT Original jurisdiction 2.08.010 Platting, subdivision and dedication of land, judicial review 58.17.180 Port district dissolution counties with populations of from eight thousand to less than twelve thousand, disposition of funds 53.49.010 order 53.48.030, 53.48.040 sixth class counties, disposition of funds 53.49.020 Powers and duties amendments of pleadings and proceedings 4.32.250 naturalization Const. Art. 4 § 6 time extensions beyond statutory limitation 4.32.250 Powers in conduct of judicial proceedings 2.28.010 Probate nonjudicial resolution of disputes 11.108.900 trust and estate dispute resolution Ch. 11.96A Proceedings, clerk to record 2.32.050 Process execution of by sheriff 2.08.220 jurisdictional extent 2.08.210, Const. Art. 4 § 6 territorial extent 2.08.210 Process, See also PROCESS Recesses, adjournments construed as 2.08.040 while jury is out 4.44.350 Records to be kept 36.23.030 clerk to keep 2.32.050 custody 36.23.040 destruction 36.23.065 files and proceedings, clerk may authenticate by certificate or transcript 2.32.050 lost or destroyed probate records, replacement of 5.48.060 replacement of hearing 5.48.040 methods 5.48.020 procedure 5.48.030 substitution of copies for lost or destroyed records 5.48.010 reproduction authority 36.23.065 effect 36.23.067 Removal from district court, third party actions authorized, when 4.14.010 [RCW Index—page 717] SUPERIOR STUDENTS grounds for granting 4.14.010 joint claims, discretionary 4.14.010 Removal from justice court, third party actions attached property, effect of 4.14.040 filing petition for 4.14.020 notice of petitions 4.14.020 order for 4.14.030 petition for 4.14.020 procedure for 4.14.020 remand to justice court 4.14.030 Report to supreme court of defects in laws Const. Art. 4 § 25 Reporters amanuensis, to act as 2.32.280 appointment of 2.32.180 court files available to 2.32.290 duties 2.32.200 exhibits available to 2.32.290 expenses 2.32.210 judicial districts under 25,000 population 2.32.220 joint reporters 2.32.230 office space authorized 2.32.300 other reporting services allowed if not in conflict with duties 2.32.310 pro tempore 2.32.270 qualifications 2.32.180 salaries 2.32.210 transcript of proceedings, evidence, use of in civil actions 2.32.250 Retirement plan, See RETIREMENT AND PENSIONS Review by court of appeals, generally Const. Art. 4 § 30 Review of county commissioners’ expenditures for emergencies 36.40.150 Review of municipal courts 35.20.030 Rules authority to establish supplemental rules 2.04.210 government of court, uniform rules to be established 2.08.230 uniform court rules, superior court judges’ association may establish and amend 2.16.040 Rules of government, may establish Const. Art. 4 § 24 Rules of pleading, practice and procedure authority of supreme court to promulgate 2.04.190 conflict of laws and rules 2.04.200 Schools, public sexual equality in action to enforce violation 28A.640.040 Seal Const. Art. 27 § 9 clerk to keep and use 2.32.050 description of 2.08.050 Session of court simultaneous sessions of same court, effect of 2.08.160 Sessions distribution of business Const. Art. 4 § 5 failure of pending actions 2.28.130 simultaneous sessions at same court, effect of 2.08.160 when held 2.08.030 where held 2.08.030 Settlement conferences, supreme court to adopt rules 2.04.215 Sewer or water system transfer from a county to a district decree 36.94.440 Small claims actions removed to superior court 12.40.027 appeals Ch. 12.36 State limited access facility through city, town, or county, board of review to review plan, court may appoint members of 47.52.150 Suspension of judge or justice 2.64.094 Theatrical enterprises failure to deposit cash or bond 49.38.030 wages cash deposit or bond required [RCW Index—page 718] action against 49.38.040 Thurston county superior court actions against state brought in 4.92.010 Traffic school of city or town and county, court may compel attendance at 46.83.050 Transcripts of proceedings, change of reporters, notes of outgoing reporter may be transcribed 2.32.260 Transcripts of testimony 2.32.240 Trusts nonjudicial resolution of disputes 11.108.900 transfer of administration to another jurisdiction 11.98.055 transfer of assets to another jurisdiction 11.98.055 trust and estate dispute resolution Ch. 11.96A Tuberculosis control confinement of person with active tuberculosis 70.28.037 Unemployment compensation appeals from decisions 50.32.150 contributions by employers, collection by civil action 50.24.120 Uniform interstate family support act judicial proceedings, state tribunal Ch. 26.21A Uniform rules, judges to establish 2.08.230 Unincorporated towns on United States land certificates to claimants, recording 58.28.310 government town site entries, duty to make 58.28.210 Utilities and transportation commission order review by superior court 80.04.180 Vacancies in office governor to fill 2.08.069, 2.08.120, Const. Art. 4§5 pending action 2.28.130 Venue actions by or against 36.01.050 corporations, involuntary dissolution, nonprofit corporations 24.03.260 real estate actions liens on, enforcement of 2.08.210 quieting titles 2.08.210 recovery of possession 2.08.210 Venue, See also VENUE Venue change of judge due to prejudice, appointment of visiting judge 4.12.040 Visiting judges expenses of 2.08.170 governor to appoint when requested 2.08.140 judicial gowns 2.04.110 simultaneous sessions authorized 2.08.160 business distribution 2.08.160 judgments, decrees, orders, and proceedings, effect of 2.08.160 Water-sewer districts, review of decisions relating to assessments 57.16.090 Witnesses material witnesses, determination of materiality, right to attorney, attorney’s fees 10.52.040 power to compel attendance, prepayment or tender of fees and subsistence allowances 5.56.010 Worker and community right to know civil actions authorized 49.70.150 Writs, power to issue 2.08.010, Const. Art. 4 § 6 SUPERIOR STUDENTS (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Highly capable students) SUPPLEMENTAL PROCEEDINGS Adjournments 6.32.050 Adjudication of title to property 6.32.270 Attendance 6.32.190 Bond insuring attendance 6.32.010 Contempt 6.32.180 Continuance before another judge 6.32.220 Corporations appearance 6.32.190 examination of 6.32.190 Costs creditor, allowed to 6.32.160 debtor, to 6.32.170 Discontinuance 6.32.150 Dismissals 6.32.150 Disposition of balance after judgment satisfied 6.32.110 Examination answers required 6.32.200 immunity if compelled to answer 6.32.200 oaths 6.32.050 before whom 6.32.040 witnesses 6.32.050 Fees of referee 6.32.280 Immunity from prosecution if compelled to testify 6.32.200 Injunction against property transfer 6.32.120 Joint debtors 6.32.210 Judgment debtor, required to answer interrogatories 6.32.015 Jurisdiction 6.32.240 Jury prohibited 6.32.260 exceptions 6.32.260, 6.32.270 Order authorizing payment by debtor of judgment debtor to sheriff 6.32.070 Order for examination of judgment debtor contents 6.32.010 debtor fails to appear plaintiff entitled to costs and fees 6.32.010 prerequisites 6.32.010 Order requiring delivery of money or personal property 6.32.080, 6.32.110 sheriff’s powers and duties 6.32.090 Personal property, adjudication of title 6.32.270 Real property, adjudication of title 6.32.270 Receivers notice of discontinuance or dismissal of proceedings 6.32.150 Referees examination before authorized 6.32.040 fees 6.32.280 oath of 6.32.060 Service affidavits supporting warrant of arrest 6.32.140 orders 6.32.130 warrant of arrest 6.32.140 Sheriff’s powers and duties application of money or property 6.32.100 disposition of balance after judgment satisfied 6.32.110 pursuant to order requiring delivery of money or personal property 6.32.090 Third parties may be joined 6.32.030 Venue 6.32.240 Warrant of arrest authorized, when 6.32.010 vacation and modification 6.32.020 SUPPORT (See also UNIFORM PARENTAGE ACT) Child support, See CHILD SUPPORT Children health insurance 26.09.105 mandatory arbitration may be authorized 7.06.020 unemployment compensation disclosure 50.40.050 Dissolution of marriage maintenance order for spouse 26.09.090 Family support chargeable husband and wife 26.16.205 joint liability of husband and wife 26.16.205 stepchildren, liability of stepparent after divorce 26.16.205 Legal separation, maintenance order for spouse 26.09.090 Maintenance of spouse mandatory arbitration may be authorized 7.06.020 SUPPORT OF DEPENDENT CHILDREN— ALTERNATIVE METHOD (See also CHILD SUPPORT) Adjudicative proceedings (2008 Ed.) SUPREME COURT parties’ current address, duty to inform department 74.20A.290 Assignment of earnings 74.20A.240 rights of child, secretary as attorney for certain purposes 74.20A.250 Banks, service on 74.20A.120 community bank accounts 74.20A.120 Collection of debt 74.20A.100 Collections, prohibited to be made from public assistance recipients 74.20A.030 Community bank accounts, collection actions 74.20A.120 Credit unions, service on 74.20A.120 Debt, constituted by payment of public assistance moneys 74.20A.030 Debts compromise, waiver of bar to collection 74.20A.220 uncollectible 74.20A.220 Definitions administrative order 74.20A.020 department 74.20A.020 dependent child 74.20A.020 responsible parent 74.20A.020 secretary 74.20A.020 stepparent 74.20A.020 superior court order 74.20A.020 support debt 74.20A.020 support moneys 74.20A.020 support obligations 74.20A.020 Department, defined 74.20A.020 Department claims for support moneys not remitted collection, limitation 74.20A.270 procedure for enforcement of claim 74.20A.270 Dependent child, defined 74.20A.020 Disposable earnings, defined 74.20A.090 Earnings defined 74.20A.090 exemptions 74.20A.090 Employee debtor rights protected 74.20A.230 Enforcement actions 74.20A.030 Federal-state cooperation federal funds, authority to adopt necessary rules to become eligible for 74.20A.310 statutes and rules to be construed to comply with federal law 74.20A.310 Foreclosure and satisfaction 74.20A.140 Health insurance responsible parent required to provide 74.20A.300 Industrial insurance disability compensation, subject to collection 74.20A.260 Interstate case, automated enforcement 74.20A.188 Judicial relief 74.20A.200 Jurisdiction over responsible parent 74.20A.057 Legislative declaration 74.20A.010 Liability, civil, failure to comply with order or lien 74.20A.100 Liens assertion of 74.20A.060 generally 74.20A.060 service of 74.20A.070 Notice child support debts, requirements 74.20A.040 Payment, by department, defined as debt 74.20A.030 Payments in possession of third parties, collection 74.20A.275 Privacy, right of recipients, protection 74.20A.280 Property, distraint, seizure and sale of 74.20A.130 Redemption of property 74.20A.150 Release to debtor 74.20A.110 Remedies of employee regarding employer actions 74.20A.230 Responsible parent defined 74.20A.020 (2008 Ed.) financial responsibility of, notice and finding of, procedure 74.20A.055 paternity, acknowledgment of, basis for finding of parental responsibility, contest of finding 74.20A.056 Savings and loan associations, service on 74.20A.120 Secretary defined 74.20A.020 duties 74.20A.160, 74.20A.170, 74.20A.180 payment schedule 74.20A.160 Subrogation, of rights to department 74.20A.030 Superior court order defined 74.20A.020 Wage assignment or garnishment processing fee by employer 74.20A.080, 74.20A.240 Withhold and deliver order duties of person served 74.20A.080 issuance and service, procedure to contest 74.20A.080 SUPREME COURT Adjournments, effect of 2.04.040 Administrator for the courts application of 2.56.080 appointed by 2.56.010 Annual conference of judges 2.56.060 Appeals, See APPEALS Appellate jurisdiction 2.04.010, Const. Art. 4 § 4 Bailiffs appointment 2.32.330 number 2.32.330 Budget and accounting system, estimates of judiciary budget 43.88.090 Chief justice administrator for the courts assignment of judges recommended by administrator 2.56.040 assistants appointed and compensation fixed under approval of chief justice 2.56.020 funds disbursed under order of chief justice 2.56.090 to apportion business of court 2.04.150 assignment of judges to other county or district 2.56.040 en banc may order cause to be heard en banc 2.04.150 how determined Const. Art. 4 § 3 process, style of 2.04.050 utilities and transportation commission members, removal of, tribunal appointed by 80.01.010 Clerk acknowledgment of instruments 64.08.010 appointment, removal, salary, election Const. Art. 4 § 22 fees schedule 2.32.070 habeas corpus delivery of writ to sheriff, when 7.36.060 issuance of writs and process 7.36.240 law partnership prohibited 2.32.090 powers and duties 2.32.050 practicing law prohibited 2.32.090 process to be signed by 2.04.050 Clerks oaths and affirmations administered by 5.28.010 taking of testimony 5.28.010 Commission on judicial conduct Const. Art. 4 § 31 Contempt, power to punish for 2.28.020 Court congestion reduction act of 1981 rules for discovery in civil cases in courts of limited jurisdiction to be adopted 3.02.050 settlement conferences rules 2.04.215 Court of appeals administration and procedures of to be provided by rules of the supreme court 2.06.030 appeals from, discretion of supreme court to accept 2.06.030 transfer of causes between divisions of the court of appeals by supreme court 2.06.030 transfer of causes from to the supreme court 2.06.030 Court of record Const. Art. 4 § 11 Court reports commission membership and duties 2.32.160, 2.32.170 Courts of limited jurisdiction record, rules for 3.02.030 Criers appointment 2.32.330 number 2.32.330 Death penalty, mandatory review 10.95.100 Decisions to be in writing and state grounds Const. Art. 4§2 Decrees, finality of as to parties 2.04.220 Departments apportionment of business to 2.04.150 may be provided Const. Art. 4 § 2 Discretion, appeals from court of appeals 2.06.030 District court judges recommendation to legislature on number per county 3.34.020 District court rules presiding judge, selection 3.34.150 District courts rules, supreme court may adopt for 3.30.080 Dockets, rules for keeping of 2.04.180 En banc hearings, how ordered 2.04.150 Facilities 2.04.031 Federal court local law certificate procedure, See FEDERAL COURT LOCAL LAW CERTIFICATE PROCEDURE ACT Fees certificates showing admission of attorney to practice 2.32.070 clerk to collect 2.32.070 collection by clerk of court 2.32.070 exemptions 2.32.070 filing fees 2.32.070 habeas corpus pauperis 7.36.250 opinions 2.32.070 petition for review of a court of appeals decision 2.32.070 schedule of fees 2.32.070 Forms of process in supreme court, instituted and prescribed by supreme court 2.04.180 Foster care citizen review board system court duties and rule making authority 13.70.020 Habeas corpus federal questions raised by pleading 7.36.140 original jurisdiction as to 7.36.040, Const. Art. 4§4 power to grant writ 7.36.040 Habeas corpus, See also HABEAS CORPUS Health care claims mandatory mediation, court to adopt rules to implement 7.70.100 Journals of proceedings, clerk to keep 2.32.050 Judges censure Const. Art. 4 § 31 chief justice selection of Const. Art. 4 § 3 clerk appointed by Const. Art. 4 § 22 commission on judicial conduct Const. Art. 4 § 31 decisions to be in writing with grounds stated Const. Art. 4 § 2 defects or omissions in law, reporting to governor Const. Art. 4 § 25 defined as judicial officers 2.28.030 disqualification of 2.28.030 election of 2.04.071, Const. Art. 4 § 3 eligibility Const. Art. 4 § 17 habeas corpus bail 7.36.150 [RCW Index—page 719] SUPREME COURT REPORTS criminal charge, investigation of 7.36.150 determination of case, powers 7.36.170 determination of cause 7.36.120 discharge 7.36.150 hearings adjournment of 7.36.110 summary procedure 7.36.120 limitation on inquiry 7.36.130 power to grant writ 7.36.040, Const. Art. 4 § 4 recommitment 7.36.150 return, determination of 7.36.110 return of writs and process, specification of time 7.36.240 temporary orders 7.36.220 warrant to prevent removal or irreparable injury 7.36.190 apprehension of offending party 7.36.200 witnesses 7.36.150 compelling attendance of 7.36.170 ineligible to other than judicial office Const. Art. 4 § 15 judicial gowns 2.04.110 magistrates, are 2.20.020 not to practice law 2.48.200 number 2.04.070 oath of office 2.04.080, Const. Art. 4 § 28 opinions, publication of Const. Art. 4 § 21 powers of judges 2.28.080 practice of law prohibited Const. Art. 4 § 19 proof sheets of reports, correction of 2.32.130 recall, judges as subject to Const. Art. 1 § 33 removal Const. Art. 4 § 31 report to by judges of superior court concerning defects or omissions in laws 2.08.250, Const. Art. 4 § 25 reporter, appointment of Const. Art. 4 § 18 retirement of Const. Art. 4 § 3A, 4 § 31 salaries Const. Art. 4 § 13, Const. Art. 4 § 14 salaries and wages 2.04.092 state bar membership 2.48.021 suspension Const. Art. 4 § 31 term of office 2.04.071, Const. Art. 4 § 3 vacancy appointee to fill 2.04.100 election to fill 2.04.100 how filled 2.04.100 term of appointee 2.04.100 term of electee 2.04.100 writs, issuance authorized Const. Art. 4 § 4 Judges pro tempore appointment 2.04.240 authorized Const. Art. 4 § 2A compensation 2.04.250 expenses and per diem 2.04.250 oath 2.04.240 Judgments, finality of as to parties 2.04.220 Judgments and decrees, power of execution 2.04.020 Judicial power vested in Const. Art. 4 § 1 Jurisdiction appellate jurisdiction causes from court of appeals 2.06.030 exclusive appellate jurisdiction 2.06.040 improper filing, effect 2.06.030 original and appellate 2.04.010, Const. Art. 4 §4 Justices habeas corpus, power to grant writ 7.36.040 removal Const. Art. 4 § 31 salaries and wages increase during term, authorized Const. Art. 30 § 1 Justices, See also SUPREME COURT, subtitle Judges retirement, judicial retirement system, See JUDICIAL RETIREMENT SYSTEM; RETIREMENT AND PENSIONS Legal holidays adjournment 2.28.110 court closed 2.28.100 judicial business prohibited 2.28.100 Mandatory arbitration [RCW Index—page 720] rules, implementation 7.06.030 Mt. St. Helens proceedings necessary to facilitate recovery given precedence 43.01.215 Oaths, power to administer 2.28.010 Open except on nonjudicial days Const. Art. 4 § 2 Opinions and decisions to be published Const. Art. 4 § 21 grounds must be stated Const. Art. 4 § 2 originals available to reporters 2.32.140 price per folio 2.32.070 specifications of reporter’s duties 2.32.110 writing, must be given in writing Const. Art. 4 §2 Orders, See ORDERS OF COURT Original jurisdiction 2.04.010, Const. Art. 4 § 4 Petition for review fee 2.32.070 Powers in conduct of judicial proceedings 2.28.010 Printing, duties of public printer 43.78.030 Proceedings, clerk to record 2.32.050 Process, style 2.04.050 Public defense, office of Ch. 2.70 Purchase of materials and supplies compliance with division of purchasing regulations required 43.19.200 Quorum, majority of judges Const. Art. 4 § 2 Recesses, adjournment as 2.04.040 Records authentication by clerk 2.32.050 clerk to keep 2.32.050 rules for keeping of 2.04.180 Redistricting—1983 act plan challenges 44.05.130 duties, when 44.05.100 Registrars of titles, supervision of 65.12.050 Registration of land titles, removal of clouds on title 65.12.040 Report of defects in laws to be made to governor Const. Art. 4 § 25 Report to governor on defects or omissions in laws 2.04.230 Reporter appointment of Const. Art. 4 § 18 original opinions, available to reporters 2.32.140 proof sheets of reports to judges 2.32.120 reports of decisions and opinions specifications of reporter’s duties 2.32.110 Reports delivery to state law librarian 40.04.030 distribution and exchange 40.04.100 distribution by publisher 40.04.110 printing duties of public printer 43.78.030 public printer may contract for 43.78.070 publication court reports commission, duties 2.32.160, 2.32.170 proof sheets correction of 2.32.130 to judges 2.32.120 supervision of 2.32.120 Rooms and accommodations 2.04.031 Rules, administration and procedures of court of appeal to be provided by 2.06.030 Rules of pleading, practice and procedure authority to promulgate 2.04.190 conflict of rules with laws 2.04.200 courts applicable to 2.04.190 superior court may establish supplemental rules 2.04.210 Rules of practice in supreme court promulgated by 2.04.180 Seal Const. Art. 27 § 9 clerk to keep and use 2.32.050 Sessions of court time for holding 2.04.030 where held Const. Art. 4 § 3 State officers, writs, original jurisdiction as to 2.04.010 Statewide special inquiry judge appointment 10.29.030 rules of procedure 10.29.070 Suspension of judge or justice 2.64.094 Traffic infractions monetary penalties 46.63.110 Vacancies, governor to fill 2.04.100, Const. Art. 4§3 Writs jurisdiction as to 2.04.010, Const. Art. 4 § 4 returns of 2.04.010 SUPREME COURT REPORTS (See SUPREME COURT, subtitle Reports) SURETIES (See also BONDS) Adverse claims to property amount 6.19.030 Adverse claims to property levied on cancellation 6.19.060 conditions 6.19.030 judgment against 6.19.060 justification, return of surety bonds 6.19.040, 6.19.050 required 6.19.030 Aircraft dealer’s licensing 14.20.070 Appeal bonds criminal cases 10.73.040 Assets, safekeeping and joint control 19.72.160 Attachment bonds additional 6.25.090 affidavit of 6.25.080 insufficient 6.25.090 number 6.25.080 qualifications 6.25.080 Bail bonds forfeiture, judgment against principal and sureties 10.19.090 liability 10.19.150 ne exeat 7.44.030 return of bond 10.19.140 surrender of person under bond 10.19.160 Bonds contractor’s bond for construction and maintenance of highways 47.28.110 Cities and towns governmental construction projects, no security required for building permit issuance 35.21.470 Confession of judgment against principal 19.72.090 Contractors’ bond 18.27.040 Contribution among sureties 19.72.080 Counties governmental construction projects, no security required for building permit issuance 36.32.590 Default by surety, indemnity 19.72.090 Discharge 19.72.101 Eligibility and qualifications of individual sureties 19.72.020, 19.72.030 Escrow agents 18.44.201, 18.44.211, 18.44.221, 18.44.231 Examination and approval of individual sureties 19.72.040 Exhaustion of principal’s property 19.72.141 Form and substance of bonds, effect 19.72.170 Hearing and speech services 18.35.240 Highways, removal of obstructions on highway right of way, reclaiming confiscated property, bond requirement 47.32.090 Injunctions bond for damages and costs 7.40.080, 7.40.090 bond on contempt for disobedience 7.40.170 Insurance court bonds, costs include expense of 48.28.030 generally Ch. 48.28 Jurors, challenge of, implied bias if juror surety to party 4.44.180 Justification adverse claims to property levied on 6.19.040 (2008 Ed.) SWIMMING POOLS ne exeat, bond covering damages and costs 7.44.021 nuisances, sureties on bond to stay warrant of abatement 7.48.040 official bonds 42.08.160 replevin, claim of immediate delivery 7.64.070 Letters testamentary or of administration examination of 11.28.190 limitation of action against 11.28.235 persons disqualified 11.28.220 Liability for damages, limitation 19.72.107 Ne exeat bail bond 7.44.030 bonds covering damages and costs 7.44.021 proceedings available to 7.44.040 Notice to creditor to institute action 19.72.100 Nuisances bonds and voluntary abatement of prostitution, assignation or lewdness 7.48.110 bonds to stay warrant of abatement 7.48.040, 7.48.270 Official bonds death or removal of surety, procedure 42.08.110 insolvency of surety, procedure 42.08.110 justification 42.08.160 liability of surety 42.08.170 qualifications 42.08.160 recovery limited to amount of bond 42.08.050 Partition proceedings, bond of guardian or limited guardian for incompetent or disabled person 7.52.460 Release from bond definitions 19.72.109 deposit of assets not a release 19.72.160 effective date 19.72.130 failure of creditor or obligee on contract to sue principal on demand 19.72.101 filing of new bond 19.72.130 ineffective, when 19.72.130 notice to principal or official 19.72.110 Replevin redelivery bond of defendant 7.64.050 Replevin, claim of immediate delivery justification and qualification 7.64.070 Subrogation of surety 19.72.070 Successive recoveries on bond, limitation 19.72.180 Trial of fact of suretyship 19.72.140 SURETY BONDS (See BONDS; SURITIES) SURFACE MINING (See MINES AND MINING, subtitle Surface mining) SURGEON GENERAL Federal funds, hospital and medical facilities survey 70.40.080 State plans for medical facilities, submission to 70.40.090 SURGICAL FACILITIES, AMBULATORY Generally Ch. 70.230 SURGICAL TECHNOLOGISTS Definitions 18.215.010 Health department secretary’s authority 18.215.040 Registration application 18.215.050 fee 18.215.060 renewal 18.215.070 required 18.215.020 uniform disciplinary act, application 18.215.080 Scope of practice 18.215.030 (2008 Ed.) SURPLUS LINE BROKERS (See INSURANCE, subtitle Agents, brokers, and solicitors) SURPLUS PROPERTY (See also FEDERAL SURPLUS PROPERTY; SCHOOLS AND SCHOOL DISTRICTS) Acquisition by department of general administration 39.32.020, 39.32.035 Donation to homeless shelters 43.19.1920 Federal surplus property purchase, requisition, and selling procedures 39.32.040 Food commodities distribution program agreements 74.04.380 Intergovernmental transfers authorized 39.33.010 hearing, notice requirements 39.33.020 Procedures 43.19.1919 Schools, textbooks, disposal of 28A.335.180 State capitol original or historic furnishings not considered surplus 43.19.19190 SURPLUS PUBLIC FUNDS Investment of local government funds public funds investment account 43.250.030 SURROGATE PARENTING Uniform parentage act Ch. 26.26 SURVEYS AND SURVEYORS (See also MAPS AND MAPPING) Boundaries lost or uncertain boundaries surveyor’s authorization to enter land or waters to resolve dispute 58.04.011 Causes of action arising from services 4.16.300 limitation on 4.16.310, 4.16.325 Cities and towns, uncertain boundaries 35.27.030, 35.27.040, 35.27.050, 35.27.060 Condominiums 64.34.232 Counties boundaries, establishment 36.04.400 land surveys authority for 36.32.370 record of 36.32.380 planning commission, right of entry for 36.70.500 County roads, true location, procedure 36.75.110, 36.75.120 Ejectment and quieting title actions, order for survey of property 7.28.200, 7.28.210 Geological survey of state, provisions for Ch. 43.92 Government survey corners, monuments of, county roads and bridges, protection 36.86.050 Joint committee, representation 58.17.260 Land surveyors, See ENGINEERS AND LAND SURVEYORS Licensing, See ENGINEERS AND LAND SURVEYORS Mining claims, generally Ch. 78.06 Monuments county roads and bridges, protection of survey monuments 36.86.050 disturbed by construction, procedure 58.09.130 requirements 58.09.120 Natural resources, department of designation as official agency for surveys and maps Ch. 58.24 Partition proceedings employment by referee for partition of property 7.52.090 expenses 7.52.120 Plats and platting, land boundaries survey, report to court 58.04.030 Platting, subdivision and dedication of land, requirement 58.17.250 Recording certificates required 58.09.080 compliance with chapter required 58.09.030 contents 58.09.040 coordinates, control scheme and map required 58.09.070 corner information, contents and form 58.09.060 corner replacement 58.09.040 county auditor, duties 58.09.110 definitions 58.09.020 filing 58.09.040 filing fee 58.09.100 noncompliance, penalty 58.09.140 not required, when 58.09.090 processing 58.09.050 Right of entry ejectment and quieting title actions, order for entry to survey property 7.28.200 geological survey, right of entry upon lands for purpose of making 43.92.080 Subdivisions, preparation of survey by registered land surveyor, requirements 58.17.250 Survey monuments disturbing monument, penalty and liability for cost of reestablishment 58.04.015 Surveys and maps, state agency for department of natural resources, powers and duties Ch. 58.24 Uniformity of survey, monumentation, joint committee, appointment, powers and duties 58.17.260 SURVIVAL OF ACTIONS (See also ABATEMENT; LIMITATION OF ACTIONS) Action not abated by disability if cause of action survives 4.20.050 All actions including contracts and wrongful death 4.20.046 Contracts 4.20.046 Nonprofit corporations, dissolution by operation of law, survival of actions against 24.03.302 Pain and suffering of deceased person personal representative may recover only on behalf of the decedent’s beneficiaries 4.20.046 Personal injury actions 4.20.046 death of injured person does not abate action 4.20.060 Property damage 4.20.046 Substitution of representative or successor 4.20.050 Survival causes 4.20.046, 4.20.050 Wrongful death actions 4.20.010 application of terms 4.20.005 beneficiaries 4.20.020 death of tort feasor either simultaneous or after death of or injury to claimant’s person or property 4.20.046 industrial insurance or workmen’s compensation act not affected by 4.20.030 right of action 4.20.010 SURVIVORS OF CRIME (See VICTIMS, SURVIVORS, AND WITNESSES OF CRIMES) SURVIVORSHIP United States savings bonds, co-owner, effect of death of 11.04.230 SUSPENDED SENTENCE (See SENTENCES, subtitle Suspending of) SWAMPLANDS State, disclaimer by of title to swamp and overflowed lands patented by United States Const. Art. 17 § 2 SWIMMING POOLS Cities and towns acquisition and control 35.21.020 authority for local improvement 35.43.040 Counties authority to construct, regulate and charge for use of 36.68.090 recreation districts authority for nonprofit 36.69.010 inclusion within 36.69.010 Water recreation facilities [RCW Index—page 721] SWINDLING adjudicative proceeding, notice 70.90.210 civil penalties 70.90.200 criminal penalties 70.90.205 definitions 70.90.110 enforcement 70.90.140 fees 70.90.150 insurance required 70.90.230 local boards of health, authority 70.90.125 modification or reconstruction of facility, procedure 70.90.160 operating permit 70.90.170 reporting of injury, disease, or death 70.90.190 rules 70.90.120 state and local health jurisdictions, liability 70.90.180 SWINDLING Places of, public nuisance, penalty 9.66.010 SWINE (See LIVESTOCK) SWINOMISH INDIANS Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120, 37.12.130, 37.12.140 SYPHILIS (See SEXUALLY TRANSMITTED DISEASES) TABS (See MOTOR VEHICLES, subtitle Licenses) TANK VESSELS (See VESSELS AND SHIPPING) TANSY RAGWORT (See WEEDS) TAPES AND RECORDINGS (AUDIO, VIDEO) Adults only label procedure, requirement 9.68.060 Minors sound recordings erotic material, distribution to minors, penalty 9.68.050, 9.68.070, 9.68.090 erotic material, labeling requirement 9.68.060 Police use, when authorized 9.73.090 Reproduction for resale contraband recordings, disposition, forfeiture, and penalty 19.25.050 definitions 19.25.010 failure to disclose origin of recording unlawful, fine and penalties 19.25.040 public records, chapter not applicable to copying 19.25.820 radio and television chapter not applicable to certain nonrecorded broadcast uses 19.25.810 radio or television chapter not applicable to recordings intended only for broadcast 19.25.800 recording of live performance, use without consent of owner unlawful 19.25.030 unlawful, fine and penalty 19.25.020 Sound recordings erotic material, adults only label requirements 9.68.060 erotic material, distribution to minors, penalty 9.68.050, 9.68.070, 9.68.090 Use by defense counsel 9.73.100 Videos and video games minors’ access to violent videos and games, library policy formulation 19.188.030 video game rating system 19.188.040 violent video or computer games, sale to minors 9.91.180 TARGETED JOBS TAX CREDIT PROGRAM Administration 50.16.080 TARTAN, STATE (See STATE TARTAN) TATTOOING (See ELECTROLOGY AND TATTOOING) TAVERNS (See also ALCOHOLIC BEVERAGES) [RCW Index—page 722] Employees’ liens, See LIENS, subtitle Businesses selling prepared foods or drinks Firearms possession of, prohibited in certain areas, exceptions 9.41.300 Labor liens on earnings and profits 60.34.010 Leaving children unattended in parked automobile to enter tavern, penalty 9.91.060 Retailer’s license, See ALCOHOLIC BEVERAGES, subtitle Taverns TAX APPEALS, BOARD OF (See TAXES ADMINISTRATION) TAX DEEDS Limitation of action to cancel or set aside 4.16.090 TAX DEFERRAL BENEFITS (See RETIREMENT AND PENSIONS, subtitle Tax deferral benefits) TAX LIENS (See LIENS, subtitle Internal revenue taxes) TAX PREFERENCES, CITIZENS COMMISSION FOR PERFORMANCE MEASUREMENT OF Definitions 43.136.021 Joint legislative audit and review committee reports, public hearings 43.136.065 review and recommendations 43.136.055 Legislative findings 43.136.011 Membership 43.136.035 Revenue and employment security departments information from 43.136.075 Review, schedule and input 43.136.045 TAX REFUND ANTICIPATION LOANS Borrower may rescind 19.265.040 Definitions 19.265.010 Disclosure, required 19.265.030 Legislative findings, application 19.265.070 Registration of facilitators 19.265.020 Unlawful activities, facilitators 19.265.050 Violations, penalty 19.265.060 TAX REVENUE LIMITATION Expenditure limitations Ch. 43.135 TAXATION Actions by foreign state 4.24.140 Advertisements in state publications prerequisites for placing 40.07.070 Air pollution control 70.94.091 Airport districts 14.08.290 Alcoholic beverages duty free for personal use, excess amounts 66.12.110 import from another state for personal use 66.12.120 Annexed territory, notification and disposition of taxes 35.13.270 Assessments collection by special laws prohibited Const. Art. 2 § 28 Banks alien 30.42.270 Beer, See TAXES-ALCOHOL Boxing, martial arts, and wrestling contests 67.08.050 Boxing, martial arts, and wrestling telecasts 67.08.055 Budget stabilization account Const. Art. 7 § 12 Buildings leased by cities and towns 35.42.050 Business and occupation tax Ch. 82.04 Certificates of delinquency cities and towns, local improvement guaranty fund 35.54.080 Cities and towns under 20,000, general bonds of indebtedness 35.37.110 accident claim fund 35.31.060 air pollution control 70.94.091 ambulance services 35.21.768 annexation of cities, effect 35.10.310 unincorporated areas, annexed area 35.13.160 certain business activities single uniform rate 35A.82.050 uniform rate, maximum rate established 35.21.710 voter approval for excess 35.21.711 collection by county treasurer 36.29.110 first class cities 36.29.100 other classes of cities and towns 36.29.120 community renewal property, exemption 35.81.120 competition telephone service 35.21.710 electricity, sale of by public utility districts 54.28.070 first class cities, general power, property taxes 35.22.280 gambling activities 9.46.110 general obligation bonds, sewerage systems, pledge of revenue 35.67.110 housing authorities, sums in lieu of property taxes 35.83.040 leasing with option to purchase, certain excise tax exemptions 35.42.090 levies one percentum limitation Const. Art. 7 § 2 light, power, telephone, gas, or steam energy tax limitation 6%, exception 35.21.870 light, power, telephone, or gas tax limitation 35.21.865 local improvement guaranty fund 35.54.060 metropolitan municipal corporations cities not to impose taxes on certain operations of 35.58.560 election 35.58.090 tax credits or offsets against state taxes 35.58.560 network telephone services 35A.82.065 off-street parking facilities, payments in lieu of property taxes 35.86A.110 one percentum limitation Const. Art. 7 § 2 power to assess and collect local taxes Const. Art. 11 § 12 prepayment of taxes or assessments authorized 35.21.650 property acquired by city at local improvement or utility local improvement foreclosure proceedings 35.53.010 property taxes annexation cities, effect 35.10.310 unincorporated areas 35.13.160 authorized to assess and collect Const. Art. 7 §9 collection by county treasurer 36.29.100, 36.29.110, 36.29.120 consolidation, effect 35.10.310 first class cities, general taxing power 35.22.280 general indebtedness bonds, sewerage systems 35.67.110 levies one percentum limitation Const. Art. 7 § 2 local taxes not to be imposed by legislature Const. Art. 11 § 12 metropolitan municipal corporation tax levy 35.58.090 one percentum limitation Const. Art. 7 § 2 power to assess and collect local taxes Const. Art. 11 § 12 property acquired at local improvement or utility local improvement foreclosure proceedings 35.53.010 public utilities located in another county 35.21.430, 35.21.440, 35.21.450 refunding bonds, tax levy to meet payments and interest 39.52.035 sewerage delinquency sale acquired property, city to pay taxes 35.67.110 public utilities located in another county 35.21.430, 35.21.440, 35.21.450 (2008 Ed.) TAXATION public utility district’s gross revenue, city may tax 54.28.070 refunding bonds, tax levy to meet payments and interest 39.52.035 sewerage delinquency foreclosure sale acquired property, payment of taxes by city 35.67.280 sewerage systems, tax levy for, pledge of revenue 35.67.110 solid waste disposal county-owned facility no municipal tax 36.58.080 special taxation, local improvements may be constructed by means of Const. Art. 7 § 9 state route number 16 corridor transportation systems and facilities, exemption 35.21.718 telephone business 35.21.712 activity 35A.82.055 deferral of rate reduction 35.21.871, 35A.82.070 network telephone service 35.21.714, 35.21.715 toll telephone service 35.21.714 telephone toll service limitations 35A.82.060 toll telephone services gross revenue 35A.82.060 towns, property tax 35.27.370 unclassified cities general provisions 35.30.030 property tax 35.30.010 sewer systems 35.30.020 world fairs or exposition, participation in 35.60.050 Collection and enforcement action by foreign state to enforce tax liability 4.24.140 extension of time for by special legislation prohibited Const. Art. 2 § 28 reciprocity with other states as to 4.24.140 by special laws prohibited Const. Art. 2 § 28 Community renewal property, exemption from 35.81.120 Commutation, prohibited Const. Art. 11 § 9 Condominiums 64.32.190 Corporations nonprofit, applicability, tax reform act of 1969 24.40.010 Counties air pollution control 70.94.091 county road fund, tax levy for, limitation 36.82.040 division of, collection and apportionment of taxes 36.09.050 gambling activities 9.46.110 housing authorities, sums in lieu of 35.83.040 metropolitan municipal corporations counties not to impose taxes on certain operations 35.58.560 credits or off-sets against state taxes 35.58.560 municipal local improvement assessments, effect 35.49.140 power to assess and collect local taxes Const. Art. 11 § 12 property taxes airport districts 14.08.290 county lands assessment fund 36.33.140 county road fund 36.82.040 county roads and bridges 36.76.120 division of, collection and apportionment of taxes 36.09.050 eminent domain in aid of federal or state improvements tax levy to pay costs 8.08.110 flood control, joint control 86.13.030 hospitals 36.62.090 levies after budget fixed 36.40.090 municipal local improvement assessments, effect 35.49.140 one percentum limitation Const. Art. 7 § 2 (2008 Ed.) power to assess and collect local taxes Const. Art. 11 § 12 refunding bonds, tax levy to meet payments and interest 39.52.035 roads and bridges 36.76.120 refunding bonds, tax levy to meet payments and interest 39.52.035 solid waste disposal county-owned facility no municipal tax 36.58.080 solid waste disposal districts 36.58.100 excise tax lien 36.58.140 County airport districts, power of 14.08.290 County road fund, levy for, limitation 36.82.040 Credit unions 31.12.860 Deficits in revenue state may contract debts to meet Const. Art. 8 §1 tax may be levied to meet Const. Art. 7 § 8 Diking districts exemption of land 85.05.367 improvement proceedings dismissal 85.05.170 purchase of certificates of delinquency 85.05.365 Ejectment and quieting title actions, counterclaims for permanent improvements and taxes paid 7.28.180 taxes paid 7.28.160 taxes paid by defendant 7.28.170 Equal rate to be established Const. Art. 7 § 1 Estate taxes Ch. 83.100 lease of estate property to pay 11.56.030 mortgage of estate property to pay 11.56.030 probate lease of real property to pay inheritance taxes 11.56.030 mortgage of real property to pay inheritance taxes 11.56.030 sale of real property to pay inheritance taxes 11.56.030 Excise, See TAXES - specific category Excise taxes business and occupation tax increase referendums 35.21.706 motor carriers, freight allocation of gross receipts 35.21.840 formula for 35.21.845 limitation, exceptions 35.21.850 motor vehicle fuel tax buildings and facilities for department of transportation, proceeds pledged to bond retirement 47.02.070, 47.02.080 ferry vessel acquisition bond issue, proceeds pledged 47.61.070 highway purposes, limited to Const. Art. 2 § 40 metropolitan municipal corporations, refund of motor vehicle fuel tax paid 35.58.560 pledged for repayment of bonds 47.10.756, 47.10.766 tax pledged for payment of highway construction bond issues 47.10.040, 47.10.180, 47.10.310, 47.10.440, 47.10.714 reciprocal tax enforcement 4.24.140 savings and loan associations, excise taxes upon, exemptions 33.28.040 solid waste disposal districts 36.58.140 Execution sales, redemption from, payment of taxes 6.23.020, 6.23.040, 6.23.110 Exemptions allowed certain property Const. Art. 7 § 2 Indian lands, when Const. Art. 26 § 2 personal property of heads of families Const. Art. 7 § 1 property, power of legislature to provide for exemption of Const. Art. 7 § 1 public corporations, convention, performing and fine arts centers, federal grants 35.21.755 public property Const. Art. 7 § 1 regional transportation authorities sale/ leaseback payments 35.21.756 revenue reduction report 43.06.400 submission of report to legislature by governor and revenue department 43.06.400 United States lands, when Const. Art. 26 § 2 Federal agencies, state taxes Const. Art. 7 § 3 Federal tax liens application 60.68.005 certification 60.68.025 fees for recording or filing 60.68.035 notice 60.68.015 tax lien index 60.68.045 Fire protection districts 52.16.160 excess levy, authorization at special election 52.16.130 general levy 52.16.130, 52.16.140 improved lands 52.16.170 levy collection by county legislative authority 52.16.040 local improvement districts 52.20.060 Flood control districts general powers 86.09.520 Foreign state, actions to enforce liability 4.24.140 Gambling city and town and county authority and limits 9.46.110 Gasoline, limited to highway purposes Const. Art. 2 § 40 Head of family, power of legislature to provide for exemption of Const. Art. 7 § 1 Health care services premiums and prepayments tax 48.14.0201 High capacity transportation systems employer tax 81.104.150 funding 81.104.150 car rental sales and use tax 81.104.160 motor vehicle excise tax, surcharge on 81.104.160 sales and use tax, additional tax for 81.104.170 High occupancy vehicle systems car rental sales and use tax county surcharge on 81.100.060 employer tax 81.100.030 motor vehicle excise tax county surcharge on 81.100.060 survey of tax use 81.100.050 Historical sites special review districts tax immunity or exemption, conditions 35.21.755 Housing authorities, sums to pay in lieu of taxes 35.83.040 Imposition by special legislation prohibited Const. Art. 2 § 28 Income cities, counties, and city-counties prohibited, net income 36.65.030 Income tax pensions, exemption from judgment for outof-state income tax 6.13.030, 6.15.025 Indebtedness, tax may be levied to pay Const. Art. 7 § 8 Indian lands Const. Art. 26 § 2 Inheritance taxes Ch. 83.100 cemetery plots, exemption 68.32.170 Insurance exemptions and deductions 48.14.022 health care state purchased, exemption 48.14.027 premium tax amount of direct premium taxable in this state, how determined 48.14.090 foreign insurers, liability after withdrawal 48.14.100 [RCW Index—page 723] TAXATION international services in eligible areas, tax credit 48.14.029 in lieu of other forms of taxation 48.14.080 local government self-insurance programs, exemption from 48.62.151 premiums received from pension, annuity or profit-sharing plan exempt under internal revenue code, rate of tax 48.14.021 prepayment requirements 48.14.025 premiums and prepayments tax 48.14.0201 profits tax prepayment requirements 48.14.025 state preemption 48.14.020 surplus lines 48.15.120 unlawful or delinquent insurers or taxpayers 48.14.095 Joint operating agencies levying authority 39.64.085 payments in lieu of taxes, amount 43.52.460 Jurisdiction appellate jurisdiction of supreme court 2.04.010, Const. Art. 4 § 4 national forests 37.08.220 Olympic National Park 37.08.210 original jurisdiction of superior court 2.08.010, Const. Art. 4 § 6 Rainier National Park 37.08.200 Law imposing tax must state object Const. Art. 7 §5 Legality of superior courts’ original jurisdiction to determine 2.08.010, Const. Art. 4 § 6 supreme court jurisdiction to determine Const. Art. 4 § 4 supreme court jurisdiction to determine legality of statute imposing 2.04.010 Liens public improvement contracts, priority 60.28.040 Litter tax compliance enforcement 70.90.180 distribution 70.90.180 funds use 70.90.180 public education and awareness funding 70.90.180 recyclable materials, market development 70.90.180 Local improvement assessments limitation of actions on 4.16.030 special, authorized Const. Art. 7 § 9 Massachusetts trusts, payment of taxes, computation 23.90.040 Metropolitan municipal corporations, cities and counties not to impose taxes on certain operations of 35.58.560 credits or offsets against state taxes 35.58.560 refund of motor vehicle fuel taxes paid 35.58.560 Mines and mineral resources, yield tax or ad valorem tax on Const. Art. 7 § 1 Mobile home initial placement on assessment rolls 36.21.090 Motor vehicle excise tax high capacity transportation systems, surcharge for 81.104.160 high occupancy vehicle systems county surcharge on 81.100.060 Motor vehicle fuel tax Ch. 82.36 buildings and facilities for department of transportation, proceeds pledged to bond retirement 47.02.070, 47.02.080 distribution and allocation of proceeds counties distribution of share as dependent upon certificate of good standards 36.78.090 ferry vessels acquisition bond issue, proceeds pledged 47.61.070 highway purposes, limitation of proceeds for highway purposes Const. Art. 2 § 40 metropolitan municipal corporations, refund of motor vehicle fuel taxes paid 35.58.560 [RCW Index—page 724] nonhighway vehicle fuel as affecting 46.09.150 pledged for payment of bonds 47.10.756, 47.10.766 snowmobile fuel amount 46.10.170 snowmobile fuel as affecting 46.10.150, 46.10.160 tax pledged for payment of highway construction bond issues 47.10.040, 47.10.180, 47.10.310, 47.10.440, 47.10.714 Motor vehicle special fuel tax Ch. 82.38 Motor vehicles reciprocal or proportional registration of vehicles, exemptions from taxes 46.85.040 Municipal corporations assessment and levy, power of Const. Art. 7 § 9 exemption of municipal property from Const. Art. 7 § 1 imposition for local purposes prohibited to legislature Const. Art. 11 § 12 local power to assess and levy Const. Art. 11 § 12 power to levy for general purposes and local improvements Const. Art. 7 § 9 short-term obligations Ch. 39.50 National forest, jurisdiction of state as to 37.08.220 Ocean marine and foreign trade insurance 48.14.020 Off-road and nonhighway vehicles (ORV) motor vehicle fuel excise tax not refundable 46.09.150 refunds, distribution, use 46.09.170 Olympia National Park, jurisdiction of state for purposes of 37.08.210 Pensions exemption from judgment for out-of-state income tax 6.13.030, 6.15.025 Port districts consolidated, when land in two or more counties levy and collection of taxes 53.46.090 procedure to determine proportion of taxes 53.46.080 toll facilities, bonds and notes, tax exemptions 53.34.160 Preferences, citizens commission for performance measurement of Ch. 43.136 Premium tax amount of direct premium taxable in this state, how determined 48.14.090 foreign or alien insurers liability to pay tax after withdrawal from state 48.14.100 insurance companies prepayment requirements 48.14.025 in lieu of other forms of taxation 48.14.080 premiums received from pension, annuity or profit-sharing plan exempt under internal revenue code, rate of tax 48.14.021 purchasing groups requirements regarding imposition, obligation, and member’s liability 48.92.095 surplus insurance lines 48.15.120 Prepayment, prepayment of taxes or assessments to cities and towns, authorized 35.21.650 Privilege tax public utility districts Ch. 54.28 Probate Ch. 83.100 lease of real property to pay estate taxes 11.56.030 mortgage of real property to pay estate taxes 11.56.030 order of payment of taxes 11.76.110 sale of real property to pay estate taxes 11.56.030 Professional employer organizations generally 82.02.240 Property taxes Title 84 agreements between districts, contingency on levy authorized 39.67.010 cities and towns annexation unincorporated areas 35.13.160 collection by county treasurer 36.29.100, 36.29.110, 36.29.120 first class cities, general taxing power 35.22.280 general obligation bonds, sewerage systems 35.67.110 levies one percentum limitation Const. Art. 7 § 2 local taxes not to be imposed by legislature Const. Art. 11 § 12 metropolitan municipal corporation tax levy 35.58.090 one percentum limitation Const. Art. 7 § 2 power to assess and collect Const. Art. 7 § 9 power to assess and collect local taxes Const. Art. 11 § 12 property acquired by city at local improvement proceedings 35.53.010 public utilities located in another county 35.21.430, 35.21.440, 35.21.450 refunding bonds, tax levy to meet payments and interest 39.52.035 sewerage delinquency sale acquired property, city to pay taxes 35.67.110 condominiums 64.32.190 Constitution fire protection districts, four and six year period Const. Art. 7 § 2 limit Const. Art. 7 § 2 schools, four and six year period Const. Art. 7§2 counties county lands assessment fund 36.33.140 county road fund 36.82.040 county roads and bridges 36.76.120 division of, collection and apportionment of taxes 36.09.050 eminent domain in aid of federal or state improvements tax levy to pay costs 8.08.110 flood control, joint control 86.13.030 hospitals 36.62.090 levies after budget fixed 36.40.090 municipal local improvement assessments, effect 35.49.140 one percentum limitation Const. Art. 7 § 2 power to assess and collect local taxes Const. Art. 11 § 12 refunding bonds, tax levy to meet payments and interest 39.52.035 roads and bridges 36.76.120 county roads and bridges service districts 36.83.030, 36.83.040 cultural arts, stadium and convention districts 67.38.130 definitions taxable property Const. Art. 7 § 1 delinquency sale port district contract sales, land acquired under 53.08.092 exemptions heads of household and others retired on fixed income or disabled authority of legislature to provide Const. Art. 7 § 10 fire fire protection districts four and six year period, excess levies Const. Art. 7 § 2 improved lands 52.16.170 local improvement districts 52.20.060 flood control districts 86.09.520 forest rehabilitation fire projects, assessments for 76.14.080 Indian lands exempt, when Const. Art. 26 § 2 (2008 Ed.) TAXES - ADMINISTRATION lands and property of United States Const. Art. 26 § 2 levies applied only to object stated Const. Art. 7 § 5 fire protection districts, four and six year period Const. Art. 7 § 2 limitations one percentum Const. Art. 7 § 2 one percentum limit Const. Art. 7 § 2 only in pursuance of law Const. Art. 7 § 5 property subject to Const. Art. 7 § 1 schools, four and six year period Const. Art. 7§2 limitation Const. Art. 7 § 2 mines authority to levy tax on Const. Art. 7 § 1 nonresidents, same rate Const. Art. 26 § 2 one percentum limit Const. Art. 7 § 2 personal property uniformity of taxation of Const. Art. 7 § 1 port districts taxes and assessments against property sold by contract 53.08.091, 53.08.092 toll facilities, bonds and notes, tax exemption 53.34.160 power districts, levies, exemption from one percentum limitation Const. Art. 7 § 2 public utility districts one percentum limitation, exemption Const. Art. 7 § 2 real property mobile homes, movement permit and decal, payment certificate, required 46.44.170 retired persons exemptions Const. Art. 7 § 10 uniformity of taxation of Const. Art. 7 § 1 reforestation lands authority to levy tax on Const. Art. 7 § 1 savings and loan associations’ property 33.28.040 school districts levies four and six year period, excess levies Const. Art. 7 § 2 one percentum limitation Const. Art. 7 § 2 tax deeds limitation on actions to cancel 4.16.090 transfer of funds between districts 39.67.020 Public improvement contracts certificate of department of revenue 60.28.050 liens 60.28.040 Public purposes, limited to Const. Art. 7 § 1 Public stadiums, convention centers, and arts facilities lodging tax, authority, limitation 67.28.180 lodging tax, credit against tax on same lodging 67.28.1801 special excise tax, authority, limitation 67.28.181 Public utility districts cities and towns, imposition on gross revenue 54.28.070 one percentum limitation, exemption Const. Art. 7 § 2 privilege tax Ch. 54.28 Rail districts 36.60.040 Railroads, rolling stock of subject to Const. Art. 12 § 17 Rainier National Park, jurisdiction of state for purposes of 37.08.200 Real property Title 84 farm, open space, timber lands, valuation on use Ch. 84.34, Const. Art. 7 § 11 taxation based on actual use, authority Const. Art. 7 § 11 Reciprocity with other states as to collection 4.24.140 Redemption payment of taxes by redemptioner 6.23.020, 6.23.040, 6.23.110 Registration of land titles, statement of payment, requirement 65.12.390 Relocation assistance (2008 Ed.) payments not considered income or resources 8.26.115 Rental cars 82.08.0201 Retail sales tax Ch. 82.08 car rentals county surcharge for high occupancy vehicle systems 81.100.060 high capacity transportation systems, tax for 81.104.160 high capacity transportation systems, additional tax for 81.104.170 state advertisements in state publications prerequisites for placing 40.07.070 capital improvement bond issues pledge for retirement of 43.83.010, 43.83.020, 43.83.030, 43.83.040, 43.83.050, 43.83.060, 43.83.062, 43.83.064, 43.83.066, 43.83.068 proceeds from used for retirement and interest on bonds 43.83.074 pledged for payment of bonds, capital improvements 1967-1969 bond issues 43.83.094 recreation improvements bond redemption fund prior charge against 43.83C.090 social and health services facilities bond issue redemption fund prior charge against 43.83D.090 waste disposal facilities bond redemption fund prior charge against 43.83A.090 water supply facilities bond redemption fund prior charge against 43.83B.090 Retired persons exemption, real property Const. Art. 7 § 10 Revenue, department of creation as state department 43.17.010 escheats payment of funds to claimant 11.08.260 probate proceedings decree, copy furnished to 11.08.220 notice to 11.08.170, 11.08.180 supervisory powers and duties and jurisdiction 11.08.160 guardianship, limited guardianship, duty to notify of appointment 11.88.115 Massachusetts trusts, powers to prescribe rules and regulations as to 23.90.040 outdoor music festivals, duties concerning 70.108.140 probate guardianship, limited guardianship, duty to notify of appointment 11.88.115 personal representatives, duty to notify 11.28.238 Rolling stock of railroads subject to Const. Art. 12 § 17 Savings accounts of savings and loan associations, exemption from 33.28.040 Savings and loan associations 33.28.040 Schools and school districts common school plant facilities aid, matching fund, provisions relating to 28A.525.168 Sewerage, water and drainage systems, tax on gross revenues of authorized 36.94.160 Snowmobile fuel 46.10.150, 46.10.160 State no commutation of county’s proportionate share Const. Art. 11 § 9 State publications advertisers placing advertisements in state publications, prerequisites for placing 40.07.070 State purposes, payable into treasury in money only Const. Art. 7 § 6 "Taxes", defined for purposes of foreign tax liability 4.24.141 Teachers’ retirement system rights, exemption from taxes, exception 41.32.052 Telecasts, boxing, martial arts, and wrestling events, gross receipts tax 67.08.055 Telephone relay system excise tax 43.20A.725 Thermal electric generation privilege tax distribution 54.28.055 Timber and forest lands Ch. 84.33, Ch. 84.34 Tires, fee on new replacement tires 70.95.510, 70.95.515 Towns power to assess and collect taxes Const. Art. 11 § 12 street poll tax 35.27.500 Unemployment compensation contributions as tax 50.04.072 Uniformity required in respect to persons and property Const. Art. 7 § 2, Const. Art. 7 § 9 United States property, subject to state taxes Const. Art. 7 § 3 Use tax Ch. 82.12 car rentals county surcharge for high occupancy vehicle systems 81.100.060 high capacity transportation systems, tax for 81.104.160 high capacity transportation systems, additional tax for 81.104.170 state advertisements in state publications prerequisites for placing 40.07.070 Wine, See TAXES-ALCOHOL Yield tax authorized as to mines and reforested land Const. Art. 7 § 1 TAXES - ADMINISTRATION Accounting period prescribed 82.32.270 Administrative procedures Ch. 82.32 Advanced environmental mitigation revolving account deposits 82.32.394 Aerospace tax incentives, contingent effective date 82.32.550 Airplane manufacturing tax preference, annual report 82.32.545 Airplane preproduction, design, manufacture, annual survey 82.32.635 Ancillary services 82.32.555 Annual surveys and reports, filing annual survey 82.32.600 Appeals board of tax appeals Ch. 82.03 superior court 82.32.180 Biotechnology and medical device manufacturing, annual survey 82.32.645 Board of tax appeals process, jurisdiction Ch. 82.03 Calculation errors, liability 82.32.430 Certified service providers, confidentiality 82.32.735 Chargeoff of uncollectible taxes 82.32.340 Closing agreements authorized 82.32.350, 82.32.360 Collection agencies 82.32.260 Construction Ch. 82.98 Contest of tax 82.32.150 Corporate businesses 82.32.145, 82.32.260 Correction of tax 82.32.160 Credits 82.32.060 Customized employment training program annual survey 82.32.650 Definitions 82.32.020, 82.32.023 Department of revenue assistance to agencies 82.01.100 created 82.01.050 delegation of authority 82.01.080 duties 82.01.060 staffing authority 82.01.070 Deposit revenue to general fund 82.32.380 Direct pay permits 82.32.087 Disclosure of tax records 82.32.070, 82.32.110, 82.32.330, 82.32.340 Displaced workers account deposits 82.32.393 Due and payable, when 82.32.045 Electrolytic processing business tax exemption 82.32.560 [RCW Index—page 725] TAXES - ADMISSIONS Electronic delivery of notice, assessment, information 82.32.135 Electronic funds transfer 82.32.085 Exemptions impact 82.01.115 Filing requirements, exception 82.32.045 Forest products commission, disclosure 82.32.480 Fruit and vegetable business tax incentive, annual survey 82.32.610 General fund to receive funds 82.32.380 Historic automobile museum sales and use tax deferral 82.32.580 Hospital benefit zones, tax administration 82.32.700 Immunity of department 82.32.310 Impact fees limitations 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100 voluntary agreements 82.02.020 Initiative 601, state expenditure and taxation limits, See TAX REVENUE LIMITATION Interest 82.32.050, 82.32.060, 82.32.090, 82.32.100, 82.32.105, 82.32.290 Lemon law, tax refund 82.32.065 Natural or manufactured gas, electricity credits and deferrals 82.32.450 Notice and order to withhold and deliver property 82.32.235, 82.32.237 Notice and orders 82.32.130 Oaths and acknowledgments 82.32.120 Over collected sales or use tax, purchaser’s cause of action 82.32.525 Overpayment 82.32.060, 82.32.062 Payment of tax 82.32.080, 82.32.090, 82.32.100 Penalties 82.32.050, 82.32.060, 82.32.090, 82.32.100, 82.32.105, 82.32.290 Precedents, written determinations 82.32.410 Professional employer organizations, reports 82.32.710 Project on sales and use tax exemption requirements 82.32.440 Purchaser liability, penalty 82.32.750 Records preservation 82.32.070, 82.32.110, 82.32.330, 82.32.340 Refund petition 82.32.170 Refunds 82.32.060 Registration revocation 82.32.215 seller’s agent 82.32.026 special events, promoter’s duties 82.32.033 threshold 82.32.030 Reporting periods 82.32.045 Resale certificates 82.32.291 Research and development spending, annual survey 82.32.590 Restraining orders, injunctions 82.32.150 Retail sales, annual survey 82.32.640 Return filing 82.32.080, 82.32.090, 82.32.100 Search and seizure of property 82.32.245 Semiconductor business, annual report 82.32.535, 82.32.5351 Service of summons and complaint 82.32.130 Simplified sales and use tax administration act generally Ch. 82.58 Simplified sales and use tax agreement seller nexus 82.32.530 Smelter tax incentives 82.32.570 Software certification 82.32.745 Solar energy systems, manufacturers or wholesalers annual survey 82.32.620 Sourcing 82.32.730 State preemption 82.02.020 Stay of collection 82.32.190, 82.32.200 Streamlined sales and use tax agreement amnesty 82.32.725 monetary allowance 82.32.715 sourcing compliance 82.32.755, 82.32.760 vendor compensation 82.32.720 Successor liability 82.32.140 Sulfur dioxide abatement account deposits 82.32.392 [RCW Index—page 726] Tax constitutes debt 82.32.240 Tax declared additional 82.32.280 Tax lien 82.32.210, 82.32.220, 82.32.230, 82.32.237, 82.32.240 Tax warrant 82.32.210, 82.32.220, 82.32.230, 82.32.237, 82.32.240 Taxability matrix, liability 82.32.740 Taxpayer defined 82.02.010 Taxpayer quitting business, successor liability 82.32.140 Taxpayer rights and responsibilities Ch. 82.32A Telecommunications services 82.32.490, 82.32.495, 82.32.500, 82.32.505, 82.32.510, 82.32.515, 82.32.520, 82.32.555 Telephone services 82.32.515, 82.32.520 Timber tax incentives, annual survey 82.32.590, 82.32.630 Toll projects 82.32.470 Transmission to state treasurer 82.32.320 Unlawful acts 82.32.290, 82.32.291 Water quality account deposits 82.32.390 Written determinations, precedents 82.32.410 TAXES - ADMISSIONS Cities and towns authorization 35.21.280 Counties authorization 36.38.010 cities and towns imposing similar tax, effect 36.38.010 ordinance 36.38.020, 36.38.030 Public facilities districts 36.100.210 authorization 35.57.100 TAXES - AIRCRAFT EXCISE Evasive registration 47.68.255 Tax imposed Ch. 82.48 TAXES - AIRCRAFT FUEL Tax imposed Ch. 82.42 TAXES - ALCOHOL Beer payment and use 66.24.290 refunds on unsalable products 66.24.305 Cider payment and use 66.24.210 State preemption 66.08.120 Wines payment and use 66.24.210 refunds on unsalable products 66.24.305 TAXES - BORDER AREAS Motor vehicle and special fuel Ch. 82.47 TAXES - BUSINESS AND OCCUPATION Academic transcripts exemption 82.04.399 Accommodation sales exemption 82.04.425 Administrative provisions 82.04.510 Adult family homes exemption 82.04.327 Agricultural fair exemption 82.04.335 Agricultural product defined 82.04.213 exemption 82.04.330 Aluminum smelters credit, property taxes paid by 82.04.4481 credit, sales of electricity to 82.04.4482 defined 82.04.217 tax imposed 82.04.2909 Apportionment, business in, out of state 82.04.460 Aquatic farmers loans to, deductions 82.04.4294 Artistic or cultural organization deductions 82.04.4322, 82.04.4324, 82.04.4326, 82.04.4327, 82.04.4328 Athletic exhibitions exemption 82.04.340 Banking deductions 82.04.4292, 82.04.4293, 82.04.4294 Biotechnology manufacturing businesses, tax deferrals generally Ch. 82.75 Blood and/or tissue banks exemption 82.04.324 Boarding homes deductions 82.04.4337 room and domiciliary care, tax on 82.04.2908 Boarding homes, nonprofit room and domiciliary care, exemption 82.04.4264 Booth renter independent contractor 82.04.360 Building construction, repair, decoration tax imposed 82.04.280, 82.04.440 Bullion defined 82.04.062 Business defined 82.04.140 Business activities tax imposed 82.04.290, 82.04.440, 82.04.4291 Byproduct defined 82.04.210 Byproducts valuation 82.04.450 Camp or conference centers exemption for items sold 82.04.363 Camping nonprofit youth organizations, exempt 82.04.4271 Cancer, comprehensive centers exemption 82.04.4265 Canola processing tax imposed 82.04.260 Cargo agent tax imposed 82.04.260, 82.04.440 Cash discount defined 82.04.160 Cash discount taken by purchaser deductions 82.04.4283 Casual sale defined 82.04.040 Certified health plan exemption 82.04.322 Chemical dependency services tax imposed 82.04.2906 Child care resource and referral services exemption 82.04.3395 Cities exemption 82.04.419 printing exemption 82.04.397, 82.04.600 Commercial airplanes or components manufacturing tax imposed 82.04.260 preproduction, design, manufacture credit 82.04.4461 property and leasehold taxes credit 82.04.4463 Commercial or industrial use defined 82.04.130 Commute trip reduction incentives Ch. 82.70 Company defined 82.04.030 Condominiums deductions 82.04.4298 Consumer defined 82.04.190 Contests of chance tax imposed 82.04.285 Convention and tourism promotion exemption 82.04.4251 Cooperative housing associations deductions 82.04.4298 Counties exemption 82.04.419 printing exemption 82.04.397, 82.04.600 Credit airplanes, commercial preproduction, design, manufacture 82.04.4461 property and leasehold taxes 82.04.4463 (2008 Ed.) TAXES - BUSINESS AND OCCUPATION alternative power generation devices 82.04.4491 aluminum smelters, property taxes paid by 82.04.4481 aluminum smelters, sales of electricity to 82.04.4482 customized employment training program 82.04.449 electricity, direct service industrial customer 82.04.447 energy efficient commercial equipment 82.04.4493 high technology businesses Ch. 82.63 information technology help desk services in rural counties 82.04.4484 job training services 82.04.4333 mechanical lifting devices purchased by hospitals 82.04.4485 motion picture competitiveness program 82.04.4489 multiple activities 82.04.440 polysilicon manufacturers 82.04.4492 public safety standards and testing 82.04.434 research and development spending 82.04.4452 semiconductor materials 82.04.448 software programming or manufacturing in rural counties 82.04.4483 syrup taxes paid by buyer 82.04.4486 against tax due, maximum credit 82.04.4451 Credit and debt services exemption 82.04.368 Credit unions exemption 82.04.405 Customized employment training program annual survey 82.32.650 credit 82.04.449 Dairy products businesses exemption 82.04.4268 tax imposed 82.04.260 Day care exemption 82.04.339 tax imposed 82.04.2905 Debts, bad deductions 82.04.4284 Deductions aquatic farmers 82.04.4294 artistic or cultural organization 82.04.4322, 82.04.4324, 82.04.4326, 82.04.4327, 82.04.4328 banking investment interest 82.04.4292, 82.04.4293, 82.04.4294 biodiesel or alcohol fuels, distribution of 82.04.4334 boarding homes 82.04.4337 cash discount taken by purchaser 82.04.4283 condominiums 82.04.4298 cooperative housing associations 82.04.4298 debts, bad 82.04.4284 direct mail delivery charges 82.04.4272 electrification systems 82.04.4338 farmers 82.04.4294 fees, dues, charges 82.04.4281, 82.04.4282 financial business investment interest 82.04.4292, 82.04.4293, 82.04.4294 fuel sales to foreign commerce vessels 82.04.433 funeral homes 82.04.4296 health centers 82.04.4311 health or social welfare services 82.04.431, 82.04.4297 homeowners associations 82.04.4298 horticultural product packaging 82.04.4287 insurance claims for state coverage 82.04.4331 investments, dividends 82.04.4281 manufacturing activities outside United States 82.04.4295 motor vehicle fuel and special fuel taxes 82.04.4285 nonprofit and municipal hospitals 82.04.4311 (2008 Ed.) nontaxable business 82.04.4286 political subdivisions, business activities 82.04.4291 ranchers 82.04.4294 salmon restoration grants 82.04.4339 sewer service fees 82.04.432 tuition, foreign degree institution 82.04.4332 wood biomass fuel 82.04.4335 Direct mail delivery charges deduction 82.04.4272 Direct service industrial customer defined 82.04.217 Discount programs, out-of-state membership sales exemption 82.04.421 Distributors tax imposed 82.04.270, 82.04.440 Dried pea processing tax imposed 82.04.260, 82.04.440 Eggs and poultry exemption 82.04.410 Electricity, direct service industrial customer natural or manufactured gas purchase 82.04.447 Electrification systems deduction 82.04.4338 Employees, servants application of chapter 82.04.360 Engaging in business defined 82.04.150 Exemptions academic transcripts 82.04.399 accommodation sales 82.04.425 adult family homes 82.04.327 agricultural fair 82.04.335 athletic exhibitions 82.04.340 bees bee pollination services 82.04.630 honey bee products 82.04.629 blood and/or tissue banks 82.04.324 boarding homes, nonprofit 82.04.4264 cancer, comprehensive centers 82.04.4265 certified health plan 82.04.322 child care resource and referral services 82.04.3395 cigarettes, affixing stamp services 82.04.601 cities 82.04.419 printing 82.04.397, 82.04.600 commercial airplane parts 82.04.627 convention and tourism promotion 82.04.4251 counties 82.04.419 printing 82.04.397, 82.04.600 credit and debt services 82.04.368 credit unions 82.04.405 dairy products businesses 82.04.4268 day care 82.04.339 discount programs, out-of-state membership sales 82.04.421 eggs and poultry 82.04.410 electrical energy sales 82.04.310 farmers 82.04.330 farming services, custom 82.04.625 federal small business innovation research program 82.04.4261 federal small business technology transfer program 82.04.4262 fire districts 82.04.419 fraternal benefit societies 82.04.370 fruit and vegetable businesses 82.04.4266 fundraising activities by nonprofit organizations 82.04.3651 grants to local government 82.04.418 health care service contractors 82.04.322 health maintenance organizations 82.04.322 homes for unwed mothers 82.04.4289 hop commodity commission or board 82.04.338 hop growers 82.04.337 horse racing 82.04.350 hospice agencies 82.04.4289 housing finance commission 82.04.408 import or export commerce 82.04.610 insurance business 82.04.320 international banking facilities 82.04.315 internet sales transactions 82.04.426 kidney dialysis facilities 82.04.4289 libraries printing 82.04.600 life sciences discovery fund authority 82.04.4263 limited purpose public corporations, commissions, and authorities 82.04.615 mortgage brokers’ third-party provider services trust accounts 82.04.392 motor vehicles, wholesale 82.04.422 motor vehicles sales at auction 82.04.317 nonprofit camp or conference centers, sale of items 82.04.363 nonprofit youth organizations 82.04.4271 nursing homes 82.04.4289 organ procurement organizations 82.04.326 parking and business improvement areas 82.04.4267 prescription drugs 82.04.620 public utilities 82.04.310 real estate sales 82.04.390 regional transit authorities, sales/leaseback agreements 82.04.4201 relief organizations 82.04.380 ride sharing 82.04.355 sand and gravel, city/county quarry 82.04.415 school districts 82.04.419 printing 82.04.395, 82.04.600 seafood product businesses 82.04.4269 seed, wholesale sale or conditioning 82.04.331 semiconductor microchips 82.04.427 sheltered workshops 82.04.385 small harvesters 82.04.333 standing timber 82.04.334 state route 16 corridor transportation systems and facilities 82.04.416 student loan organizations 82.04.367 tobacco settlement authority 82.04.311 wheat, oats, grains, sale at wholesale 82.04.332 Extractor defined 82.04.100 tax imposed 82.04.230, 82.04.280, 82.04.440 value of products 82.04.450 Farmers defined 82.04.213 exemption 82.04.330 loans to, deductions 82.04.4294 Federal conservation reserve program exemption 82.04.330 Federal small business innovation research program exemption 82.04.4261 Federal small business technology transfer program exemption 82.04.4262 Fees, dues, charges deductions 82.04.4282 Field burning reduction costs credit against tax due 82.04.4459 Financial businesses deductions 82.04.4292, 82.04.4293, 82.04.4294 tax imposed 82.04.290, 82.04.440, 82.04.4291 Fire districts exemptions 82.04.419 Fire or casualty insurance services tax imposed 82.04.280, 82.04.440 Flour, oils processing tax imposed 82.04.260, 82.04.440 Fraternal benefit societies exemption 82.04.370 Freight forwarder tax imposed 82.04.260, 82.04.440 Fruit and vegetable businesses exemption 82.04.4266 tax imposed 82.04.260 Fuel sales to foreign commerce vessels, deduction 82.04.433 [RCW Index—page 727] TAXES - BUSINESS AND OCCUPATION Fuel, alcohol, biodiesel, wood biomass tax imposed 82.04.260 Fundraising activities by nonprofit organizations exemption 82.04.3651 Funeral homes deductions 82.04.4296 Grants to local government exemption 82.04.418 Grocery distribution cooperatives tax imposed 82.04.298 Gross income of the business defined 82.04.080 Gross proceeds of sales defined 82.04.070 mobile telecommunications service provider 82.04.535 telephone business 82.04.530 Health care maintenance organization exemption 82.04.322 Health care service contractors exemption 82.04.322 Health centers deductions 82.04.4311 Health or social welfare services deductions 82.04.431, 82.04.4297 High technology businesses tax credits Ch. 82.63 Highway contractors tax imposed 82.04.280, 82.04.440 Homeowners associations deductions 82.04.4298 Homes for unwed mothers exemptions 82.04.4289 Hop commodity commission or board exemption 82.04.338 Hop growers exemption 82.04.337 Horse racing exemption 82.04.350 tax imposed 82.04.286 Horticultural products packaging deductions 82.04.4287 Hospice agencies exemptions 82.04.4289 Hospitals nonprofit and municipal, deductions 82.04.4311 tax imposed 82.04.260, 82.04.440 Housing finance commission exemption 82.04.408 Independent contractors application of chapter 82.04.360 Information technology help desk services in rural counties credit 82.04.4484 Insurance agents, brokers, solicitors tax imposed 82.04.440 Insurance business exemption 82.04.320 Insurance producers and title insurance agents tax imposed 82.04.260 International banking facilities exemption 82.04.315 International investment management services tax imposed 82.04.290, 82.04.293 International services credit against tax due, conditions 82.04.44525 Internet Sales transactions, tax exemption 82.04.426 Internet services tax imposed 82.04.297 Investments, dividends deductions 82.04.4281 Isolated sale defined 82.04.040 Job training services deduction for eligible services 82.04.4333 Kidney dialysis facilities exemptions 82.04.4289 Lease or rental defined 82.04.040 Libraries printing [RCW Index—page 728] exemption 82.04.600 Life sciences discovery fund authority exemption 82.04.4263 Low-level waste disposal tax imposed 82.04.260, 82.04.440 Magazine defined 82.04.280 Main street program tax incentives Ch. 82.73 Manufacture defined 82.04.120 Manufacturer deductions 82.04.4295, 82.04.4324 defined 82.04.110 tax imposed 82.04.240, 82.04.440 value of products 82.04.450 Manufacturers for hire, semiconductor materials tax imposed 82.04.2404 Meat products tax imposed 82.04.260, 82.04.440 Mechanical lifting devices purchased by hospitals credit 82.04.4485 Mortgage brokers’ third-party provider services trust accounts exemption 82.04.392 Motion picture competiveness program credit 82.04.4489 Motor vehicle fuel and special fuel taxes deductions 82.04.4285 Motor vehicles courtesy dealers 82.04.520 sales at auction 82.04.317 wholesale 82.04.422 Multiple activities credit 82.04.440 Newspaper defined 82.04.214 Nonprofit youth organizations exemption 82.04.4271 Nontaxable business deductions 82.04.4286 Nursing homes exemptions 82.04.4289 Operating overhead, taxes 82.04.500 Organ procurement organizations exemptions 82.04.326 Out-of-state business apportionment 82.04.460 Parking and business improvement areas exemption 82.04.4267 Periodical defined 82.04.280 Person defined 82.04.030 Plantation Christmas trees defined 82.04.035 Prescription drugs, warehousing and reselling tax imposed 82.04.272 Printers tax imposed 82.04.280, 82.04.440 Printing cities, counties exemption 82.04.397, 82.04.600 libraries exemption 82.04.600 school districts exemption 82.04.395, 82.04.600 Processors tax imposed 82.04.280, 82.04.440 Processors for hire, semiconductor materials tax imposed 82.04.2404 Professional employer organizations tax imposed 82.04.540 Public safety standards and testing credit 82.04.434 Public utilities income from utility operations Ch. 82.16 Publishers tax imposed 82.04.280, 82.04.440 Radio and television broadcasting tax imposed 82.04.280, 82.04.440 Radioactive waste cleanup tax imposed 82.04.263 Ranchers loans to, deductions 82.04.4294 Real estate brokers tax imposed 82.04.255, 82.04.440 Real estate sales exemption 82.04.390 Recreation nonprofit youth organizations, exempt 82.04.4271 Regional transit authorities, sales/leaseback agreements exemption 82.04.4201 Relief organizations exemption 82.04.380 Resale certificate procedure 82.04.470 Research and development tax credit 82.04.4452 tax imposed 82.04.260, 82.04.440 Retail sale defined 82.04.050 Retail store or outlet defined 82.04.212 Retailers tax imposed 82.04.250, 82.04.440 Ride sharing exemption 82.04.355 Royalties tax imposed 82.04.2907 Sale defined 82.04.040 Sale at retail defined 82.04.050 Sale at wholesale defined 82.04.060 Sales as agent or broker, burden of proof 82.04.480 Sales at cost between retailers exemption 82.04.425 Sales in own name, deemed seller 82.04.480 Salmon, canned tax imposed 82.04.260 Salmon restoration grants deductions for nonprofit organizations 82.04.4339 Sand and gravel, city/county quarry exemption 82.04.415 School districts exemption 82.04.419 printing exemption 82.04.395, 82.04.600 Seafood products tax imposed 82.04.440 Seafood products businesses exemption 82.04.4269 tax imposed 82.04.260 Seed exemption 82.04.331 Selected business services defined 82.04.055 tax imposed 82.04.440, 82.04.4291 Semiconductor microchips exemption 82.04.427 Services rendered in respect to defined 82.04.051 Sewerage utilities deductions 82.04.432 Sheltered workshops exemption 82.04.385 Small harvesters exemption 82.04.333 Software, canned or custom defined 82.04.215 tax imposed 82.04.29001 Software programming or manufacturing in rural counties credit 82.04.4483 Solar energy systems, manufacturers or wholesalers tax imposed 82.04.294 State route 16 corridor transportation systems and facilities exemption 82.04.416 (2008 Ed.) TAXES - PROPERTY Steam, electricity, or electrical energy exclusion from definition of certain terms 82.02.220, 82.04.216 Steamship agent tax imposed 82.04.260, 82.04.440 Stevedoring tax imposed 82.04.260, 82.04.440 Student loan organizations exemption 82.04.367 Successor defined 82.04.180 Syrup taxes paid by buyer credit 82.04.4486 Tax imposed 82.04.220 Tax year defined 82.04.020 Telecommunications service defined 82.04.065 gross proceeds of sales 82.04.535 Telephone program excise taxes Ch. 82.72 Telephone service defined 82.04.065 gross proceeds of sales 82.04.530 In this state defined 82.04.200 Within this state defined 82.04.200 Timber products activities tax imposed 82.04.260, 82.04.261 Tobacco settlement authority exemption 82.04.311 Travel agents tax imposed 82.04.440 Travel agents or tour operators tax imposed 82.04.260 Tuition deduction, foreign institution 82.04.4332 Tuition fee defined 82.04.170 Value of products how determined 82.04.450 Value proceeding or accruing defined 82.04.090 Warehouse operators tax imposed 82.04.280, 82.04.440 Wheat, oats, grains processing, tax imposed 82.04.260, 82.04.440 wholesale, exemption 82.04.332 Wholesale sale defined 82.04.060 Wholesalers tax imposed 82.04.270, 82.04.440 TAXES - BUSINESS PROJECTS Credit program Ch. 82.62 TAXES - CARBONATED BEVERAGES Tax imposed Ch. 82.64 TAXES - CIGARETTES AND TOBACCO Drug enforcement funding Ch. 82.24, Ch. 82.26 Health services funding Ch. 82.24, Ch. 82.26 Indian tribes, tax contracts 43.06.455, 43.06.460, 43.06.465 Tax imposed Ch. 82.24, Ch. 82.26 Water quality account funding Ch. 82.24, Ch. 82.26 TAXES - CRUDE OIL Tax imposed, oil spill program Ch. 82.23B TAXES - ESTATE AND TRANSFER Application of chapter 83.100.210 Apportionment of estate tax, procedures Ch. 83.110A Closing agreements 83.100.210 Collection 83.100.150 Deductions farming, property used for 83.100.046 marital 83.100.047 qualified home trust 83.100.047 requirements, conditions 83.100.046 Definitions 83.100.020 Education legacy trust account 83.100.220, 83.100.230 (2008 Ed.) Findings regarding tax due 83.100.150, 83.100.160, 83.100.170, 83.100.180, 83.100.190 Imposition of tax, amount 83.100.040 Interest on amount due 83.100.070 Payment, due date and extensions 83.100.060 Payment before distribution of property required, liability for failure to pay 83.100.120 Penalty for late filing 83.100.070 Refund for overpayment 83.100.130 Release issuance 83.100.080 Returns adjustments or final determinations 83.100.090 amended returns 83.100.090 criminal acts 83.100.140 examination by department 83.100.095 filing date and extensions 83.100.050 Rule-making authority of department of revenue 83.100.200 Tax liens 83.100.110 Uniform estate tax apportionment act Ch. 83.110A TAXES - FEDERAL AREAS Application Ch. 82.52 TAXES - FISH, ENHANCED Tax imposed Ch. 82.27 TAXES - HAZARDOUS SUBSTANCES Pollution tax imposed on first possession Ch. 82.21 TAXES - HOTEL-MOTEL Cultural arts, stadium and convention districts 67.38.140 Limitation on imposition and use 67.40.100 Stadium and exhibition center financing Ch. 67.28 State convention and trade center, Seattle Ch. 67.40 Tourism-related facilities Ch. 67.28 TAXES - INSURANCE (See TAXATION, subtitle Insurance) TAXES - INTERMEDIATE CARE, MENTALLY RETARDED Tax imposed Ch. 82.65A TAXES - INVESTMENT PROJECTS, DISTRESSED AREAS Community empowerment zones Ch. 82.60 Deferral program Ch. 82.60 TAXES - LEASEHOLD EXCISE Tax imposed Ch. 82.29A TAXES - LITTER Tax imposed on retailers, manufacturers Ch. 82.19 TAXES - LOCAL OPTION TRANSPORTATION Authorized Ch. 82.80 TAXES - LODGING Stadium and exhibition center financing Ch. 67.28 State convention and trade center, Seattle Ch. 67.40 Tourism-related facilities Ch. 67.28 TAXES - MOTOR VEHICLE EXCISE City and town distribution Ch. 82.44 County criminal justice assistance account distributions 82.14.310 County sales and use tax equalization account allocation 82.14.200, 82.14.215, 82.14.220 Disposition of revenue Ch. 82.44 Exemptions rental cars Ch. 82.44 ride-sharing vehicles Ch. 82.44 Taipei economic and cultural office Ch. 82.44 Municipal criminal justice assistance account distributions 82.14.320, 82.14.330 Municipal research council Ch. 82.44 Municipal sales and use tax equalization account allocation 82.14.210, 82.14.215, 82.14.220 Transportation infrastructure account Ch. 82.44 TAXES - MOTOR VEHICLE FUEL Alcohol, exemption and credit Ch. 82.36 Collection Ch. 82.36 Disposition Ch. 46.68 Distribution and allocation of proceeds cities and towns 46.68.110 counties formula for 46.68.122, 46.68.124 generally 46.68.120 Distribution of moneys accruing to motor vehicle fund 46.68.090 Distribution to counties, cities, and towns transfer of funds by government service agreement authorized 46.68.230 Evasion, seizure and forfeiture Ch. 82.36 Fuel tax advisory group 46.01.350 Marine fuel determination of amount derived from tax and use of funds Ch. 79A.25 Multistate motor fuel tax agreement Ch. 82.41 Refunds 46.68.080 Special fuel tax Ch. 82.38 evasion, seizure and forfeiture Ch. 82.38 Tax imposed Ch. 82.36 TAXES - MULTISTATE TAX COMPACT Adopted Ch. 82.56 TAXES - OIL SPILL RESPONSE TAX Tax imposed, oil spill program Ch. 82.23B TAXES - PETROLEUM PRODUCTS Tax imposed on first possession Ch. 82.23A Underground storage tank program Ch. 82.23A TAXES - POLLUTION Pollution tax imposed on hazardous substances Ch. 82.21 TAXES - POLLUTION CONTROL FACILITIES Exemptions and credits Ch. 82.34 TAXES - PROPERTY Abstract of tax roll to state auditor 84.48.050 Agricultural, See OPEN SPACE, this topic Agricultural land conservation futures 84.36.500 Agricultural products exemption 84.36.470, 84.40.405 Air pollution control equipment in thermal electric generation facilities 84.36.487 Aircraft parts 84.36.300, 84.36.310, 84.36.320 Airplane companies Ch. 84.12 Airplanes, super efficient exemption 84.36.655 Airport property 84.36.130 Appeals county board of equalization generally 84.08.130 levies generally 84.08.140 Assessment public utilities 84.12.270, 84.12.280, 84.12.310, 84.12.330 Assessment and valuation access to property 84.40.025 appeal 84.40.038 appraisal 84.40.030 assessment date 84.40.020 certification by assessor 84.40.320 companies, businesses 84.40.070, 84.40.185, 84.40.190 comparable sales 84.40.030, 84.48.150 computer software 84.40.037 department of revenue authority Ch. 84.08 divided or combined property 84.40.042 easements 36.35.290 equalization of assessments 84.48.080 erroneous, correction 84.48.065 exempt property, listing 84.40.175 exempt residential property 84.40.178 exempt status loss, process 84.40.350, 84.40.360, 84.40.370, 84.40.380, 84.40.390 [RCW Index—page 729] TAXES - PROPERTY fail or fraudulent listing assessment 84.40.200 examination of taxpayer 84.40.110 penalty 84.40.120, 84.40.130, 84.40.335 federal property 84.40.315 gas, electric, water companies 84.44.020 government restriction, effect 84.40.039 highly valued property dispute 84.52.018 historic properties Ch. 84.26 interstate utility 84.12.300 land use designation changes 84.48.065 leasehold interest 84.40.410 lists to board of equalization 84.40.320 lumber and sawlogs 84.44.030 manner of listing irregular subdivided tracts 84.40.170 plats, parcels, lots 84.40.160 manufacturing 84.40.210 mobile homes identification 84.40.343 penalty for avoidance 84.40.344 notice of change 84.40.045 nursery stock 84.40.220 oaths, administration 84.40.120, 84.40.335 omitted property or improvements 84.40.080, 84.40.085 one hundred percent of true and fair value 84.40.030 personal property 84.40.060 personal property verification 84.40.340 personally held for sale 84.40.220 petition 84.40.038 public land contract to purchase 84.40.230 sale, annual list 84.40.240 public utilities 84.12.330 publicly owned property 84.40.175 revaluation annual report 84.41.130 appraisers as advisors 84.41.110 budget for process 84.41.050 compliance 84.41.120 contracts for special assistance 84.41.080 department of revenue assistance 84.41.060 physical inspection 84.41.041 policy 84.41.010 progress impeded 84.41.070 records 84.41.120 rules and standards 84.41.090 schedule 84.41.030 scope 84.41.020 statistical methods 84.41.090 review, presumption 84.40.0301 sickness or absence of person, procedure 84.40.150 situs of personalty 84.44.010, 84.44.020, 84.44.030, 84.44.050, 84.44.080, 84.44.090 taxing district designation 84.40.090 timber and timberlands 84.40.031, 84.40.032, 84.40.033 time and manner 84.40.040 trusts and estates 84.40.185, 84.40.190 vessels 84.40.036, 84.40.065, 84.44.050 Assessors instruction 84.08.190 Automatic sprinkler systems, installation of exemption 84.36.660 Board of tax appeals process, jurisdiction Ch. 82.03 Bonds and warrants 84.36.070 Bridges, interstate 84.36.230 Budgets of city and districts 84.52.020, 84.52.025 Business inventories 84.36.477, 84.40.405 Cargo containers 84.36.105 Cemetery districts 68.52.310 Certificates of delinquency appellate review 84.64.120 bidders 36.35.120, 84.64.200 county as holder, tax exempt 36.35.100 deed recording fee 84.64.215 deeds as evidence 84.64.180, 84.64.190 [RCW Index—page 730] disposal of tax-title property 36.35.150 easements 36.35.290 evidence 84.64.050 foreclosure proceedings 84.64.080 form of deed 36.35.130 issuance 84.64.050 judgment 84.64.040 payment by interested persons 84.64.060 quieting title to tax-title property 36.35.160, 36.35.170, 36.35.180, 36.35.190, 36.35.200, 36.35.210, 36.35.220, 36.35.230, 36.35.240, 36.35.250, 36.35.260, 36.35.270 records as evidence 84.64.130 redemption 84.64.070 rental of tax-title property 36.35.140 sales of tax-title property 36.35.110, 36.35.120 tax judgment sale 84.64.080 Collection payment under protest 84.68.030 Collection of taxes adjustment due to noncollection 84.56.290 annual report 84.56.300 delinquency 84.56.020, 84.56.025, 84.56.060 distraint of property 84.56.070, 84.56.075, 84.56.090, 84.56.120, 84.56.150, 84.56.160, 84.56.170 distribution of taxes 84.56.230 due and payable 84.56.020, 84.56.025 erroneous proceeding, relisting 84.56.430 improvements, separate ownership 84.56.360, 84.56.370, 84.56.380 injunctions 84.68.010 interest 84.56.020, 84.56.025 interested person may pay 84.56.310 mobile homes 84.56.340 payment by mortgagee 84.56.330 payment by tenant or occupant 84.56.320 payment on part of parcel or tract 84.56.340 payment under protest 84.68.020, 84.68.050 penalties 84.56.020, 84.56.025 personal property charge against real property 84.60.040 delinquency 84.56.070, 84.56.075, 84.56.090, 84.56.120, 84.56.150, 84.56.160, 84.56.170 destruction 84.56.220 timber 84.56.200, 84.56.210 ships and vessels 84.56.440 tax receipts 84.56.060 tax rolls 84.56.010 tax statement, contents 84.56.022 taxing districts, contract with county 84.56.035 treasurer duty 84.56.050, 84.56.260 uncollectible, cancellation 84.56.240, 84.56.270 waiver of interest and penalties 84.56.025 willful noncollection 84.56.250 Community redevelopment financing Ch. 39.88 Computer software 84.36.600 Confidentiality and privilege of tax information 84.08.210 Conservation easements authority 84.34.210, 84.34.220 exemptions 84.36.260, 84.36.264, 84.36.500 Counties department of revenue authority Ch. 84.08 fees and costs in civil actions 84.09.050 nonperformance of duty 84.09.040 County board of equalization appeals 84.08.130 procedures 84.48.010, 84.48.014, 84.48.018, 84.48.022, 84.48.026, 84.48.028, 84.48.032, 84.48.034, 84.48.036, 84.48.038, 84.48.042, 84.48.046, 84.48.050, 84.48.065, 84.48.075, 84.48.080, 84.48.110, 84.48.120, 84.48.130, 84.48.140, 84.48.150, 84.48.200 reconvening 84.08.060 County indicated ratio 84.48.075 County road districts 36.33.220, 36.79.140 County tax refund levy 84.68.040 County tax sale, recording 65.04.030 Deferral property tax deferral program Ch. 84.37 special assessments and/or property taxes, retired persons Ch. 84.38 Definitions Ch. 84.04 Delinquency certificates appellate review 84.64.120 bidders 36.35.120, 84.64.200 county as holder, tax exempt 36.35.100 deed recording fee 84.64.215 deeds as evidence 84.64.180, 84.64.190 disposal of tax-title property 36.35.150 easements 36.35.290 evidence 84.64.050 foreclosure proceedings 84.64.080 form of deed 36.35.130 issuance 84.64.050 judgment 84.64.040 payment by interested persons 84.64.060 quieting title to tax-title property 36.35.160, 36.35.170, 36.35.180, 36.35.190, 36.35.200, 36.35.210, 36.35.220, 36.35.230, 36.35.240, 36.35.250, 36.35.260, 36.35.270 records as evidence 84.64.130 redemption 84.64.070 rental of tax-title property 36.35.140 sales of tax-title property 36.35.110, 36.35.120 tax judgment sale 84.64.080 interest and penalties, usury law exclusion 19.52.140 Department of revenue authority generally Ch. 84.08 rule-making authority public utilities 84.12.390 Destroyed property in disaster area tax abatement or refund Ch. 84.70 Development rights authority 84.34.210, 84.34.220 Easements 36.35.290 public utilities Ch. 84.20 Electrical utilities Ch. 84.12 Enforcement orders by department 84.08.120 Equalization department of revenue authority Ch. 84.08 Equalization of assessments 84.48.080 Errors, correction 84.52.085 Exemptions agricultural land conservation futures 84.36.500 agricultural products 84.36.470, 84.40.405 agricultural research and education programs 84.36.570 air pollution control equipment in thermal electric generation facilities 84.36.487 aircraft parts 84.36.300, 84.36.310, 84.36.320 airplanes, super efficient 84.36.655 airport property 84.36.130 alcohol fuel, property used for manufacturing 84.36.635 application and renewal 84.36.805, 84.36.810, 84.36.812, 84.36.813, 84.36.815, 84.36.820, 84.36.825, 84.36.830, 84.36.833, 84.36.835, 84.36.840, 84.36.845, 84.36.850, 84.36.855 application provisions 84.36.800 art collections 84.36.060 artistic productions 84.36.060 automatic sprinkler systems, installation of 84.36.660 back taxes 84.36.262 biodiesel fuel, property used for manufacturing 84.36.635 blood and blood products business 84.36.035 bridges, interstate 84.36.230 business inventories 84.36.477, 84.40.405 cancer clinics or centers, nonprofit 84.36.046 (2008 Ed.) TAXES - PROPERTY cargo containers 84.36.105 cemeteries 84.36.020 cessation of use, back taxes 84.36.262 churches 84.36.020 administrative 84.36.032 commercial vessels 84.36.080 computer software 84.36.600 conservation futures 84.36.500 conservation interests 84.36.260, 84.36.264, 84.36.500 convents 84.36.020 dance productions 84.36.060 day care centers 84.36.040 definitions 84.36.800 developmentally disabled persons’ housing 84.36.042 dialysis 84.36.040 domestic violence shelters 84.36.043 educational purposes 84.36.060 fair associations 84.36.480 farming machinery and equipment 84.36.630 fire engines, buildings 84.36.060 fish and wildlife habitat and water quality improvements 84.36.255, 89.08.440 fishing vessels 84.36.080 Hanford reservation tank waste 84.36.590 historic ships 84.36.080 historical collections 84.36.060 homeless housing 84.36.043 homes for the aging 84.36.041 horticultural products 84.40.405 hospitals 84.36.040 household goods 84.36.110, 84.36.120 housing 84.36.043 humane societies 84.36.060 improvements to residences 84.36.400 intangibles 84.36.070 libraries 84.36.040 literary productions 84.36.060 loss of status valuation and assessment 84.40.350, 84.40.360, 84.40.370, 84.40.380, 84.40.390 low-income housing 84.36.043 medical research/training 84.36.045 meeting halls 84.36.037 merchandise purchased out of state 84.36.300, 84.36.310, 84.36.320 military housing 84.36.665 mobile home, dealers 84.36.510 motor vehicles, travel trailers, and campers 84.36.595 multi-unit dwellings in urban centers, qualification and procedure Ch. 84.14 musical productions 84.36.060 nonprofit organizations artists, solicitation or collection of money for 84.36.650 meeting halls 84.36.037 real and personal 84.36.030, 84.36.031 religious, administrative 84.36.032 solicitation property 84.36.550 nursing homes 84.36.040 orphanages 84.36.040 property valued at less than five hundred dollars 84.36.015 public and certain property 84.36.010 public assembly halls 84.36.037 public property 84.36.451 radio/television broadcast 84.36.047 rental housing for very low-income persons 84.36.560 residences 84.36.379, 84.36.381, 84.36.383, 84.36.385, 84.36.387, 84.36.389 right of way easements 84.36.210 schools and colleges 84.36.050 science collections 84.36.060 semiconductor materials 84.36.645 sheltered workshops 84.36.350 ships and vessels 84.36.090 soil and water conservation districts 84.36.240 tissue banks 84.36.035 (2008 Ed.) transit authorities, sale/leaseback agreement property 84.36.605 tribal, certain property 84.36.010 vehicles carrying exempt licenses 84.36.595 vessels under construction 84.36.079 water distribution property 84.36.250 widows or widowers of veterans Ch. 84.39 wood biomass fuel, manufacturing 84.36.640 Fair associations 84.36.480 Federal payments in lien of taxes apportionment Ch. 84.72 Fire protection districts boundaries 84.09.035 Fish and wildlife habitat and water quality improvements 84.36.255 Fishing vessels 84.36.080 Gas companies Ch. 84.12 Hanford tank waste treatment, exemption 84.36.590 Historic properties valuation Ch. 84.26 Historic ships 84.36.080 Horticultural products exemption 84.40.405 Horticultural tax 15.08.260, 15.08.270 Impact fees limitations 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100 voluntary agreements 82.02.020 Information, system explained 84.08.115 Injunctions 84.68.010 Intangibles exemptions 84.36.070 Intercounty property, recovery of taxes 84.68.050 Intercounty weed districts Ch. 17.06 Interpretation 84.08.080 Land trusts authority 84.34.210, 84.34.220 Leasehold interests Ch. 82.29A Levies administration, rules 84.52.0502 affordable housing 84.52.043, 84.52.105 aggregate tax limitation 84.52.050 assessed value, taxable value 84.52.040 budgets of city and districts 84.52.020, 84.52.025 certification to assessor 84.52.070 city or town 84.52.043 common schools, state levy 84.52.065, 84.52.067 conservation futures 84.52.043 consolidated levy 84.52.010 county 84.52.043 county road districts 84.52.043 criminal justice purposes 84.52.135 definitions 84.55.005 emergency medical services 84.52.043, 84.52.069 errors, correction 84.52.085 excess authority 84.52.052 ballot contents 84.52.054 school districts 84.52.0531 timber assessed value 84.52.080 extension on rolls 84.52.080 fire protection districts 84.52.043, 84.52.044, 84.52.125, 84.52.130, 84.55.110 highly valued property dispute 84.52.018 junior taxing districts aggregate levies 84.52.043 pro rata reduction 84.52.010 rate 84.52.043 library districts 84.55.110 metropolitan park districts 84.52.043, 84.52.120, 84.55.110 one percent of true and fair value 84.52.010, 84.52.050 port districts 84.52.043, 84.52.050 pro rata reduction 84.52.010 process 84.52.010 public hospital districts 84.55.110 public utility districts 84.52.043, 84.52.050 rates for districts 84.52.043 regular property taxes annexation of district 84.55.030 apportionment 84.55.080 community revitalization financing 84.55.047 consolidation of district 84.55.020 determination of limitation 84.55.100 dollar limitation 84.55.040 election to exceed 84.55.050 exceptions 84.55.070 increase in statutory rate 84.55.040 industrial development purposes 84.55.045 leasehold interests 84.55.125 limit factor 84.55.0101 limitations 84.52.043, 84.52.044, 84.55.010 new construction 84.55.010 newly-formed district 84.55.035 port district 84.55.045 rate rules 84.55.060 restoration of regular levy 84.55.015 tax allocation revenues 84.55.080 road districts 84.52.043 rural library districts 84.52.063 school districts 84.52.053, 84.52.0531 senior taxing district rates 84.52.043 statutory limits 84.52.010 taxing district’s revenue sources, hearing 84.55.120 time of levy 84.52.030 Library districts boundaries 84.09.035 intercounty rural library districts, tax levy to support 27.12.150, 27.12.160, 27.12.222 island library districts, tax levy to support 27.12.222 rural library districts, tax levy to support 27.12.050, 27.12.070, 27.12.222 Mobile homes dealers’ inventory exemptions 84.36.510 identification 84.40.343 penalty for avoidance 84.40.344 Moneys and credits 84.36.070 Mortgages 84.36.070 Mosquito control districts, excess levies 17.28.252, 17.28.260, 17.28.270, 17.28.280, 17.28.290 Motor vehicles, travel trailers, and campers, exemption 84.36.595 Multi-unit dwellings in urban centers Ch. 84.14 Municipal tax sale, recording 65.04.030 Open space, agricultural, timber 1973 and earlier, status 84.34.150 abrogation by legislature 84.34.070 acquisition for public purpose authority 84.34.210, 84.34.220 county levy 84.34.230, 84.34.240 historic preservation 84.34.210, 84.34.220 nature conservancy corporation authority 84.34.210, 84.34.220 defined 84.34.250 public funds 84.34.200 advisory committee 84.34.145 agricultural application 84.34.030, 84.34.037, 84.34.041 approval, denial, appeal 84.34.035, 84.34.050 assessment notation 84.34.035, 84.34.050 application form, fee, time 84.34.030, 84.34.037, 84.34.041 information availability 84.34.160 assessed valuation schedule 84.34.055 assessment guidelines 84.34.145 change in use, tax and penalty 84.34.070, 84.34.080, 84.34.090, 84.34.100, 84.34.108, 84.34.111 definitions 84.34.020 farm and agricultural conservation land application 84.34.037 farm and agricultural land true and fair value 84.34.065 [RCW Index—page 731] TAXES - PUBLIC UTILITIES information submittal 84.34.121 open space application 84.34.030, 84.34.037, 84.34.041 true and fair value, current use 84.34.060 open space plan 84.34.055 public benefit rating system 84.34.055 reclassification 84.34.070 remedies, additional tax 84.34.111 removal from classification 84.34.108 rule authority 84.34.141 sale or transfer 84.34.108 special assessment exemptions 84.34.300, 84.34.310, 84.34.320, 84.34.330, 84.34.340, 84.34.350, 84.34.360, 84.34.370, 84.34.380, 84.34.390 timber land application 84.34.030, 84.34.037, 84.34.041 approval, denial 84.34.041, 84.34.050 assessment and valuation 84.40.031, 84.40.032, 84.40.033 assessment notation 84.34.050 reclassify as forest land 84.34.155 timber valuation not affected 84.34.131 true and fair value, current use 84.34.060 withdrawal 84.34.070, 84.34.108 Operating agencies 84.09.070 Park districts boundaries 84.09.035 Payment under protest 84.68.020, 84.68.030, 84.68.050 Personal service contracts 84.36.070 Pest districts, tax levies to fund Ch. 17.12 Plats anticipated taxes and assessments, deposit to cover 58.08.040 certificate of payment 58.08.030 Property tax advisor 84.48.140 Public hospital districts boundaries 84.09.035 power to levy 70.44.060 Public property exemptions 84.36.451 Public utilities Ch. 84.12 apportionment among counties 84.12.350, 84.12.360, 84.12.370 assessment 84.12.270, 84.12.280, 84.12.310, 84.12.330 classification of property 84.12.280 default valuation 84.12.260 definitions 84.12.200 easements Ch. 84.20 hearing on assessment 84.12.340 interstate utility 84.12.300 nonoperating property 84.12.380 rule-making authority 84.12.390 valuation 84.12.330 Railroads Ch. 84.12, Ch. 84.16 Reclamation districts of one million acres or more Ch. 89.30 Recovery of taxes action to recover property 84.68.080, 84.68.090, 84.68.100 injunctions 84.68.010 intercounty property 84.68.050 limitation of actions 84.68.060 payment under protest 84.68.020, 84.68.030, 84.68.050 remedy exclusive 84.68.070 small claims 84.68.110, 84.68.120, 84.68.130, 84.68.140, 84.68.150 Refunds procedure 84.69.010, 84.69.020, 84.69.030, 84.69.040, 84.69.050, 84.69.060, 84.69.070, 84.69.080, 84.69.090, 84.69.100, 84.69.110, 84.69.120, 84.69.130, 84.69.140, 84.69.150, 84.69.160, 84.69.170 Residences exemptions improvements 84.36.400 multi-unit dwellings in urban centers, exemption qualification and procedure Ch. 84.14 [RCW Index—page 732] Right of way easements 84.36.210 Schools district boundaries 84.09.037 state levy 84.52.065, 84.52.067, 84.52.068 Sheltered workshops 84.36.350 Situs of personalty 84.44.010, 84.44.020, 84.44.030, 84.44.050, 84.44.080, 84.44.090 Small claims recovery 84.68.110, 84.68.120, 84.68.130, 84.68.140, 84.68.150 Soil and water conservation districts personal property 84.36.240 Sports agreements 84.36.070 State levy annual process 84.48.080 companies assessed by department of revenue 84.48.120, 84.48.130 hypothetical levy for establishing consolidated levy 84.48.080 limitation 84.52.010 rate 84.52.043 schools 84.52.065, 84.52.067, 84.52.068 Tax lien attachment 84.60.020 personally charged against real property 84.60.040 priority 84.60.010 property acquired by government 84.60.050, 84.60.070 Taxing districts boundaries 84.09.030 Taxpayer defined 82.02.010 Telecommunications Ch. 84.12 Telegraph companies Ch. 84.12 Telephone companies Ch. 84.12 Timber lands classification Ch. 84.33 excise tax Ch. 84.33 valuation Ch. 84.33 Trade names, trade secrets, and agreements 84.36.070 Transit authorities, sale/leaseback agreement property, exemption 84.36.605 Transportation companies Ch. 84.12 True value public utilities 84.12.350 Urban centers new and rehabilitated multi-unit dwellings, exemption qualification and procedure Ch. 84.14 Utilities Ch. 84.12 Vessels collection 84.56.440 commercial 84.36.080 under construction 84.36.079 Veterans’ assistance levy for veterans and families 73.08.080 Water companies Ch. 84.12 Water distribution property 84.36.250 Weed control, intercounty weed districts Ch. 17.06 Weed control districts Ch. 17.04 Widows or widowers of veterans exemption Ch. 84.39 TAXES - PUBLIC UTILITIES Business and occupation tax exemption 82.04.310 Commute trip reduction incentives Ch. 82.70 Income from utility operations taxed Ch. 82.16 Main street program tax incentives Ch. 82.73 Public utility districts, See also PUBLIC UTILITY DISTRICTS, subtitle Fiscal matters Sale to government, tax exempt 82.08.0256 TAXES - REAL ESTATE SALES Tax imposed Ch. 82.45, Ch. 82.46 TAXES - SALES AND USE Academic transcripts 82.12.0347 exemptions 82.08.02537 Administration 82.08.140, 82.12.080 Advertisement of price 82.08.055 Agricultural worker housing exemptions 82.08.02745, 82.12.02685 Air pollution control facilities at thermal electric generation facility 82.12.810 exemption 82.08.810 Aircraft parts, tangible personal property incorporated into prototypes 82.08.02566, 82.12.02566 Airplanes 82.08.0262, 82.12.0254 Alcoholic beverages 82.08.150, 82.08.160, 82.08.170 distribution of tax 82.08.180 Alternative housing for youth in crisis 82.08.02915, 82.12.02915 Aluminum production substances 82.08.02568, 82.12.02568 Aluminum smelters, tangible personal property 82.08.805, 82.12.805 Amusement and recreation services used by nonprofit youth organizations 82.12.02917 Anaerobic digesters exemptions 82.08.900, 82.12.900 Animal pharmaceuticals exemptions 82.08.880, 82.12.880 Art objects for exhibition 82.08.031, 82.12.031 Auction sales farming property 82.08.0257 Auctioneer collection of tax 82.08.040 Bailee collection of tax 82.08.040 Batteries, brakes, starters, core deposits 82.08.036, 82.12.038 Biotechnology manufacturing businesses, tax deferrals generally Ch. 82.75 Blood, tissue, organs, or bodies used in medical research and testing 82.08.02806, 82.12.02748 Blood and/or tissue banks 82.08.02805, 82.12.02747 Bullion defined 82.04.062 Bundled transactions 82.08.190, 82.08.195, 82.12.195 Camp or conference centers exemption for items sold 82.08.830 Cancer, comprehensive centers exemption 82.08.808, 82.12.808 Cash receipts, taxpayers 82.08.100, 82.12.070 Casual and isolated sales 82.08.0251 Casual sale defined 82.04.040 Chicken bedding materials exemptions 82.08.920, 82.12.920 Chicken structures, gas exemptions 82.08.910, 82.12.910 Cigarettes, Indian tribes exemption 82.08.0316, 82.12.0316 Clothes sales, wear sample 82.12.0271 Cold storage warehouses exemption 82.08.820, 82.12.820 Collection of tax 82.08.040, 82.08.050, 82.08.060, 82.12.040, 82.12.045 installment sales and leases 82.08.090, 82.12.060 purchase and resale 82.08.130 small sales 82.08.080 vending machines 82.08.080 Community empowerment zones, tax deferral program Ch. 82.82 Components of property, nonresidents 82.08.0265 Computation of tax due 82.08.054 Computer equipment parts and services sold to printers or publishers 82.08.806 Computers or software donated to schools 82.12.0284 Conifer seed, tax exemption 82.08.850, 82.12.850 Consignee collection of tax 82.08.040 County sales and use tax equalization account allocation 82.14.200, 82.14.215, 82.14.220 (2008 Ed.) TAXES - SALES AND USE Credit debts, bad 82.08.037, 82.12.037 electricity, direct service industrial customer 82.12.024 tax already paid 82.12.035 Cultural objects for exhibition 82.08.031, 82.12.031 Dairy nutrient management equipment and facilities exemptions 82.08.890 Debts, bad 82.08.037, 82.12.037 Deferral community empowerment zones, tax deferral program Ch. 82.82 high technology businesses Ch. 82.63 stadium and exhibition center 36.102.070 thoroughbred race track Ch. 82.66 Definitions 82.08.010, 82.08.011, 82.12.010 Diesel fuel, watercraft outside state 82.08.0298, 82.12.0298 Direct mail delivery charges exemption 82.08.807, 82.12.807 Electricity, direct service industrial customer natural or manufactured gas purchase 82.12.024 Electricity generating machinery and equipment 82.08.02567, 82.12.02567 Exemptions academic transcripts 82.08.02537, 82.12.0347 agricultural worker housing 82.08.02745, 82.12.02685 air pollution control facilities at thermal electric generation facility 82.08.810, 82.12.810 aircraft parts, tangible personal property incorporated into prototypes 82.08.02566, 82.12.02566 airplanes 82.08.0262, 82.12.0254 airplanes, commercial - computer parts and software related to 82.08.975, 82.12.975 airplanes, super efficient - labor, services, and personal property 82.08.980, 82.12.980 alternative housing for youth in crisis 82.08.02915, 82.12.02915 aluminum production substances 82.08.02568, 82.12.02568 aluminum smelters, tangible personal property 82.08.805, 82.12.805 amusement and recreation services used by nonprofit youth organizations 82.12.02917 anaerobic digesters 82.08.900, 82.12.900 animal pharmaceuticals 82.08.880, 82.12.880 armed services members, motor vehicles 82.12.0266 art objects for exhibition 82.08.031, 82.12.031 auction sales farming property 82.08.0257 batteries, brakes, starters, core deposits 82.08.036, 82.12.038 bees, honey 82.08.0204, 82.12.0204 biodiesel or E85 motor fuel - sales of machinery, equipment, vehicles, and services 82.08.955, 82.12.955 blood, tissue, organs, or bodies used in medical research and testing 82.08.02806, 82.12.02748 blood and/or tissue banks 82.08.02805, 82.12.02747 bundled transactions 82.08.195 cancer, comprehensive centers 82.08.808, 82.12.808 casual and isolated sales 82.08.0251 chicken bedding materials 82.08.920, 82.12.920 chicken structures, gas 82.08.910, 82.12.910 cigarettes, Indian tribes 82.08.0316, 82.12.0316 clothes sales, wear sample 82.12.0271 coal used to generate power at thermal electric generating facilities 82.08.811, 82.12.811 cold storage warehouses 82.08.820, 82.12.820 computer equipment parts and services sold to printers or publishers 82.08.806, 82.12.806 (2008 Ed.) computers/software donated to schools 82.12.0284 conifer seed 82.08.850, 82.12.850 cultural objects for exhibition 82.08.031, 82.12.031 dairy nutrient management equipment and facilities 82.08.890 delivery charges 82.08.145, 82.12.145, 82.12.195 diesel, biodiesel, and aircraft fuel, farm fuel users 82.08.865, 82.12.865 diesel fuel, watercraft outside state 82.08.0298, 82.12.0298 dietary supplements 82.08.925, 82.12.925 direct mail delivery charges 82.08.807, 82.12.807 electricity generating machinery and equipment 82.08.02567, 82.12.02567 electrification systems 82.08.815, 82.08.825, 82.12.815, 82.12.825 family planning devices 82.08.0281 farm machinery and equipment 82.08.855, 82.12.855 farming equipment, hay sheds 82.12.841 farming equipment, nonresidents 82.08.0268 federal credit union, property and services 82.12.860 ferry vessels and components 82.08.0285, 82.12.0279 financial information delivered electronically 82.08.705, 82.12.705 fish feed 82.08.0294, 82.12.0294 floating homes, used, sale, rent, lease 82.08.034, 82.12.034 food and food ingredients 82.08.0293 food products 82.12.0293 food stamp food 82.08.0297, 82.12.0297 foreign resident 82.08.02665 fuel use by producer of fuel 82.12.0263 fundraising activities by nonprofit organizations 82.08.02573 gun safes 82.08.832, 82.12.832 hearing instruments 82.08.0283 homeless person lodging 82.08.0299 horticultural packing products 82.08.0311, 82.12.0311 hospitals, free hospitals 82.08.02795, 82.12.02745 import or export commerce 82.08.990 insulin 82.08.0283, 82.08.985, 82.12.985 irrigation equipment 82.08.0288, 82.12.0283 kidney dialysis devices 82.08.945, 82.12.945 laser interferometer gravitational wave observatory, construction materials 82.08.02569, 82.12.02569 limited purpose public corporations, commissions, and authorities 82.08.995, 82.12.995 livestock 82.08.0259, 82.12.0261 livestock feed, public market 82.08.0296, 82.12.0296 livestock nutrient management equipment and facilities 82.12.890 local government physical fitness classes 82.08.0291 locomotives, railroad cars 82.08.0262, 82.12.0254 lumber, form lumber 82.08.0274, 82.12.0268 magazine or periodical subscription sales for fundraising 82.08.02535 manufacturing machinery and equipment 82.08.02565, 82.12.02565 medical devices 82.08.0283, 82.12.0277 mobile homes, used, sale, rent, lease 82.08.033, 82.12.033 motion picture or video productions 82.08.0315, 82.12.0315 motor vehicle fuel 82.08.0255, 82.08.0256, 82.12.0256 motor vehicle leasing/renting, nonresident 82.08.0279 motor vehicles high gas mileage 82.08.813, 82.12.813 using clean alternative fuels 82.08.809, 82.12.809 motor vehicles and trailers interstate or foreign commerce 82.08.0263 motorcycles for training programs 82.08.870 motorcycles loaned to department of licensing 82.12.845 natural or manufactured gas 82.08.026, 82.12.022, 82.12.023, 82.14.230 naturopathic prescriptions 82.08.0283 nebulizers 82.08.803, 82.12.803 newspaper sale and distribution 82.08.0253 newspapers 82.12.0345 noncontiguous states, territories 82.08.0269 nonprofit camp or conference centers, sale of items 82.08.830 nonprofit youth organizations 82.08.0291 nonresidents components of property 82.08.0265 motor vehicles, campers 82.08.0264, 82.12.0251 nonresidents personal property 82.12.0251 nontaxable sales 82.08.0254 nontaxable tangible personal property 82.12.0255 organ procurement organizations 82.08.02807, 82.12.02749 ostomic items 82.08.804, 82.12.804 over-the-counter drugs 82.08.0281, 82.08.940, 82.12.940 oxygen 82.08.0283 park model trailers, used 82.08.032, 82.12.032 parking charges subject to tax at stadium and exhibition center 82.08.02875 personal property, nonresidents 82.08.0273 personal property and services donated to nonprofit organization or governmental entity 82.12.02595 personal property for commerce 82.08.0261, 82.08.0262, 82.08.0263, 82.12.0254 pollen 82.08.0277, 82.12.0273 poultry 82.08.0267, 82.12.0262 prescription drugs 82.08.0281, 82.12.0275 prescription drugs, disposable devices used to deliver 82.08.935, 82.12.935 prescription eyewear 82.08.0281, 82.12.0275 public records, sales of copies by state or local agencies 82.08.02525, 82.12.02525 public utility property sales 82.08.0256 public utility taxpayers 82.08.0252, 82.08.0253 regional transit authorities, sales/leaseback agreements 82.08.834, 82.12.834 relief organizations 82.08.0258, 82.12.0259 research and development machinery and equipment 82.08.02565, 82.12.02565 returnable beverage containers 82.08.0282, 82.12.0276 ride-sharing vehicles 82.08.0287, 82.12.0282 sales between political subdivisions 82.08.0278, 82.12.0274 sand and gravel from municipal quarry 82.08.0275, 82.12.0269 school driver training 82.12.0264 semen sales for artificial insemination 82.08.0272, 82.12.0267 semiconductor materials gases and chemicals, manufacturer or processor for hire 82.08.9651, 82.12.9651 gases and chemicals, manufacturing 82.08.970 manufacturing 82.08.965 semiconductor materials manufacturing 82.12.965, 82.12.970 solar hot water systems 82.08.835, 82.12.835 special fuel 82.08.0255, 82.08.0256, 82.12.0256 steam, electricity, electrical energy 82.08.950, 82.12.950 telephone, telecommunications, ancillary services 82.08.0289 temporary medical housing 82.08.997 tire fee 82.08.036, 82.12.038 [RCW Index—page 733] TAXES - SALES AND USE trade shows 82.12.0272 trail grooming services 82.08.0203 vessels and trailers, use by dealer 82.12.801 vessels and trailers, use by manufacturer 82.12.800 vessels sold to nonresidents 82.08.700, 82.12.700 warehouse and grain elevator operations 82.08.820, 82.12.820 warranties, extended 82.12.0255 warranties, use of certain 82.12.0251 waste vegetable oil 82.08.0205, 82.12.0205 watercraft commerce 82.08.0262, 82.12.0254 nonresidents 82.08.0266 watershed protection or flood prevention 82.08.0271, 82.12.930 weatherization of a residence 82.08.998, 82.12.998 wood biomass fuel - sales of machinery, equipment, vehicles, and services 82.08.960, 82.12.960 working families, eligible low-income 82.08.0206, 82.08.02061 youth in crisis defined 82.08.02917 Eyewear 82.08.0281, 82.12.0275 Factor collection of tax 82.08.040 Farming equipment, hay sheds exemption 82.08.841, 82.12.841 Farming machinery, nonresidents 82.08.0268 Ferry vessels and components 82.08.0285, 82.12.0279 Fish feed 82.08.0294, 82.12.0294 Floating homes, used, sale, rent, lease 82.08.034, 82.12.034 Food and food ingredients 82.08.0293 Food products 82.12.0293 Food stamp food 82.08.0297, 82.12.0297 Fruit and vegetable businesses, tax deferrals Ch. 82.74 Fuel use by producer of fuel 82.12.0263 Fundraising activities by nonprofit organizations exemptions 82.08.02573 Gun safes 82.08.832, 82.12.832 High technology businesses tax deferrals Ch. 82.63 Homeless person lodging 82.08.0299 Horticultural packing products 82.08.0311, 82.12.0311 Hospitals sales to free hospitals 82.08.02795, 82.12.02745 Installment sales and leases collection of tax 82.08.090, 82.12.060 Insulin 82.08.985, 82.12.985 Irrigation equipment 82.08.0288, 82.12.0283 Isolated sale defined 82.04.040 Laser interferometer gravitational wave observatory, construction materials 82.08.02569, 82.12.02569 Lease or rental defined 82.04.040 Linen and uniform supply services 82.08.0202 Liquor excise tax fund 82.08.160 Livestock 82.08.0259, 82.12.0261 Livestock feed, public market 82.08.0296, 82.12.0296 Livestock nutrient management equipment and facilities exemptions 82.12.890 Local government physical fitness classes 82.08.0291 Local sales and use additional tax for criminal justice 82.14.340 alteration of county share of city tax receipts under government service agreement 82.14.034 alterations in rate under government service agreement 82.14.032 authorized 82.14.030 [RCW Index—page 734] chemical dependency treatment services 82.14.460 collection and administration 82.14.050 community empowerment zones, tax deferral program Ch. 82.82 construction projects 82.14.080, 82.14.090 counties and cities 82.14.450 county criminal justice assistance account distributions 82.14.310 county sales and use tax equalization account 82.14.200, 82.14.215, 82.14.220 credit provision 82.14.040 criminal justice assistance account distributions 82.14.320, 82.14.330 criminal justice services, voter approval 82.14.440 definitions 82.14.020 deposit before due, credit 82.14.080, 82.14.090 distressed county assistance account 82.14.380 distribution 82.14.060 emergency communication systems and facilities 82.14.420 ferries, passenger-only 82.14.440 financial institution licenses fees Ch. 82.14A fruit and vegetable businesses, tax deferrals Ch. 82.74 health sciences and services authorities 82.14.480 historic automobile museum, deferral 82.32.580 hospital benefit zones 82.14.465, 82.14.470 juvenile detention facilities and jails 82.14.350 local infrastructure financing tool program 82.14.475 local sales and use tax account 82.14.050 lodging 82.14.410 mental health treatment services 82.14.460 municipal sales and use tax equalization account 82.14.210, 82.14.215, 82.14.220 natural gas 82.14.230 newly annexed areas, cities to offset municipal costs 82.14.415 public facilities districts 82.14.048, 82.14.390 public sports facilities 82.14.049 public transportation systems 82.14.045 equalization payments 82.14.046 purpose 82.14.010 rate, one jurisdiction-wide 82.02.230 rate change, where effective 82.14.055 regional centers 82.14.485 repeal, referendum 82.14.036 rural counties, public facilities in rural counties 82.14.370 sourcing 82.14.490 stadium and exhibition center 82.14.0494 stadium sales and use tax 82.14.360 streamlined sales and use tax mitigation account 82.14.495, 82.14.500 therapeutic court programs 82.14.460 transfer of funds under government service agreement 82.14.212 transportation benefit areas 82.14.045 equalization payments 82.14.046 transportation benefit districts 82.14.0455 uniformity with state tax 82.14.070 warehouse and grain elevator operations 82.14.820 zoos and aquariums 82.14.400 Locomotives, railroad cars 82.08.0262, 82.12.0254 Lumber, form lumber 82.08.0274, 82.12.0268 Magazine or periodical subscription sales for fundraising exemption 82.08.02535 Manufacturing machinery and equipment 82.08.02565, 82.12.02565 Medical devices 82.08.0283, 82.12.0277 Mobile homes, used, sale, rent, lease 82.08.033, 82.12.033 Motion picture or video productions 82.08.0315, 82.12.0315 Motor vehicle fuel 82.08.0255, 82.08.0256, 82.12.0256 Motor vehicles farming equipment, hay sheds 82.08.841 high gas mileage vehicles, exemption 82.08.813, 82.12.813 nonresidents 82.08.0264, 82.12.0251 nonresidents, renting/leasing 82.08.0279 vehicles using clean alternative fuels, exemption 82.08.809, 82.12.809 Motor vehicles and trailers armed services members 82.12.0266 interstate or foreign commerce 82.08.0263 Motorcycles for training programs exemption 82.08.870 Motorcycles loaned to department of licensing exemption 82.12.845 Municipal sales and use tax equalization account allocation 82.14.210, 82.14.215, 82.14.220 Natural or manufactured gas 82.08.026, 82.12.022, 82.12.023, 82.14.230 Nebulizers 82.08.803, 82.12.803 Newspaper sale and distribution 82.08.0253 Newspapers exemptions 82.12.0345 Noncontiguous states, territories 82.08.0269 Nonprofit youth organizations 82.08.0291 Nonresidents components of property 82.08.0265 farming machinery 82.08.0268 motor vehicle leasing/renting 82.08.0279 motor vehicles, campers 82.08.0264, 82.12.0251 personal property 82.08.0273 personal property within state 82.12.0251 watercraft 82.08.0266 Nontaxable sales 82.08.0254 Organ procurement organizations exemption 82.08.02807, 82.12.02749 Ostomic items 82.08.804, 82.12.804 Park model trailers, used exemption 82.08.032, 82.12.032 Performance audits, dedication of taxes 82.12.0201 Personal property and services donated to nonprofit organization or governmental entity 82.12.02595 Personal property for commerce 82.08.0261, 82.08.0262, 82.08.0263, 82.12.0254 Physical fitness classes, local government provided 82.08.0291 Place of sale, from vehicle 82.08.110 Pollen 82.08.0277, 82.12.0273 Poultry 82.08.0267, 82.12.0262 Prescription drugs 82.08.0281, 82.12.0275 Public facilities districts 82.14.048 Public sports facilities 82.14.049 Public utility property sale to government 82.08.0256 Public utility taxpayers 82.08.0252, 82.08.0253 Rate one statewide and one jurisdiction-wide 82.02.230 Rate change, when effective 82.08.064, 82.14.055 Rebating illegal 82.08.120 Recreation or personal services by nonprofit youth organizations 82.08.0291 Refunds debts, bad 82.08.037 illegal 82.08.120 uncollectible debt 82.12.037 Regional transit authorities, sales/leaseback agreements exemptions 82.08.834, 82.12.834 Regional transportation investment district tax 82.14.430 Relief organizations 82.08.0258, 82.12.0259 Rental cars 82.08.011, 82.08.020, 82.08.0201, 82.14.049 (2008 Ed.) TEACHERS Resale certificate 82.08.130 Research and development, use of exempt articles 82.12.0265 Research and development machinery and equipment 82.08.02565, 82.12.02565 Retail sale defined 82.04.050 Returnable beverage containers 82.08.0282, 82.12.0276 Ride-sharing vehicles 82.08.0287, 82.12.0282 Roadside sale from vehicle 82.08.110 Sale defined 82.04.040 Sale at retail defined 82.04.050 Sand and gravel from municipal quarry 82.08.0275, 82.12.0269 School driver training 82.12.0264 Selected business services defined 82.04.055 Semen sales for artificial insemination 82.08.0272, 82.12.0267 Services rendered in respect to defined 82.04.051 Simplified sales and use tax administration act Ch. 82.58 Small sales collection of tax 82.08.080 Special fuel 82.08.0255, 82.08.0256, 82.12.0256 Stadium and exhibition center 82.14.0494 tax deferrals 36.102.070 Stadium and exhibition center parking charges subject to tax 82.08.02875 State convention and trade center, Seattle Ch. 67.40 Tax imposed 82.08.020, 82.12.020 Telecommunications service deemed location for mobile services 82.08.066 defined 82.04.065 Telephone program excise taxes Ch. 82.72 Telephone service defined 82.04.065 Thoroughbred race track Ch. 82.66 Tire fee 82.08.036, 82.12.038 Trade shows 82.12.0272 Transportation benefit areas 82.14.045 equalization payments 82.14.046 Vending machines 82.08.080 Vessels and trailers, use by dealer 82.12.801 Vessels and trailers, use by manufacturer 82.12.800 Vessels held in inventory, personal use 82.12.802 Warehouse and grain elevator operations exemption 82.08.820, 82.12.820 Warranties, extended exemption 82.12.0255 Warranties, use of certain exemption 82.12.0251 Watercraft commerce 82.08.0262, 82.12.0254 foreign resident 82.08.02665 nonresidents 82.08.0266 Watershed protection or flood prevention 82.08.0271, 82.12.930 Youth in crisis defined 82.08.02917 TAXES - SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT Streamlined tax agreements, Washington state compliance 82.02.210 Tax imposed Ch. 82.58 TAXES - SOLID WASTE Public works assistance account Ch. 82.18 Solid waste collection tax Ch. 82.18 TAXES - SPECIAL FUEL Distribution of moneys accruing to motor vehicle fund 46.68.090 Distribution to counties, cities, and towns transfer of funds by government service agreement authorized 46.68.230 Generally Ch. 82.38 (2008 Ed.) TAXES - TAXPAYER RIGHTS Taxpayer rights and responsibilities Ch. 82.32A TAXES - TELEPHONE PROGRAM EXCISE Generally Ch. 82.72 TAXES - TELEPHONES 911, enhanced services Ch. 82.14B TAXES - TRAVEL TRAILERS AND CAMPERS Tax imposed Ch. 82.50 TAXES - WATERCRAFT EXCISE Dealer registration use to evade tax 88.02.118 Registration and payment 88.02.050 Tax imposed Ch. 82.49 TAXICAB COMPANIES Cooperative agreements by political subdivisions for joint regulation 81.72.220 Legislative intent 81.72.200 Local regulatory powers listed 81.72.210 TAXING - PROPERTY Community revitalization financing Ch. 39.89 TAXING DISTRICTS Agreements between districts, contingency on levy authorized 39.67.010 Air pollution control districts, See AIR POLLUTION CONTROL, subtitle Districts Bond issues declaratory judgments 7.25.010, 7.25.020, 7.25.030 definitions 7.25.005 validation of prior issues Ch. 39.90 Claim payment before approval by legislative body 42.24.180 Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 Debt, public collection agencies may be used, fees 19.16.500 Defined for purposes of privilege tax 54.28.010 Fire protection districts, See FORESTS AND FOREST PRODUCTS, subtitle Fire protection Forest patrol districts, See FORESTS AND FOREST PRODUCTS, subtitle Fire protection Forests infestation control district, See FORESTS AND FOREST PRODUCTS, subtitle Diseases and insect pests Health districts, See HEALTH AND SAFETY Indebtedness limitations Ch. 39.36 Industrial development districts, See PORT DISTRICTS, subtitle Industrial development districts Irrigation districts, See IRRIGATION DISTRICTS Library districts, See LIBRARIES, subtitle Rural county library districts Local improvement districts, See LOCAL IMPROVEMENT DISTRICTS Metropolitan park districts, See METROPOLITAN PARK DISTRICTS Port districts, See PORT DISTRICTS Public utility districts, See PUBLIC UTILITY DISTRICTS River and harbor improvement districts, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Taxing district relief act Ch. 39.64 Transfer of funds between districts 39.67.020 Water-sewer districts, See WATER-SEWER DISTRICTS Weed districts, See WEED DISTRICTS TEACHERS Abusing, penalty 28A.635.010 Before and after school presence 28A.405.466 Basic education certificated instructional staff defined 28A.150.100 salary allocation schedule 28A.150.410 Centers for improvement of teaching establishment and duties 28A.415.010 improvement of teaching coordinating council, establishment and duties 28A.415.010 Certification abuse issues course requirement 28A.410.035 alternative routes conditional scholarship program, generally 28A.660.050 findings 28A.660.005 partnership grant program 28A.660.010, 28A.660.030 pipeline for paraeducators 28A.660.042 proposals, funding 28A.660.020 retooling to teach math and science 28A.660.045 routes 28A.660.040 eligibility, rules and regulations covering 28A.410.010 fees minimum 28A.410.060 refunded, when 28A.410.060 first peoples’ language, culture, and oral tribal traditions 28A.410.045 hiring of uncertificated teachers, director’s connivance, penalty 28A.635.080 initial level 28A.410.040 major requirements 28A.410.040 qualified teacher to have certificate or permit 28A.410.025 registration of certificates effect 28A.410.070 form 28A.410.070 revocation appeal from, stay of proceedings 28A.410.100 for failure to teach patriotism, not permitted to teach 28A.405.040 hearings, right to 28A.410.100 reinstatement, when 28A.410.110 revocation or suspension 28A.410.090 scope 28A.410.010 superintendent of public instruction as administrator 28A.410.010 to issue, revoke, certificate or permit 28A.410.010 suspension for noncompliance with support order 28A.410.106 suspension for nonpayment or default on educational loan or scholarship 28A.410.105 traffic safety education course teacher to be certificated 28A.220.020 types of certificates or permits 28A.410.010 violation or noncompliance investigatory powers of superintendent of public instruction 28A.410.095 Washington state or Pacific Northwest history and government course required 28B.10.710 Classroom assistants paraprofessional training program 28A.415.310 Community and technical colleges faculty and employees reduction in force 28B.50.873 faculty tenure plan administrative appointment effect 28B.50.860 definitions 28B.50.851 educational programs in correctional institutions 28B.50.870 employment contract, requirement 28B.50.855 maximum probationary period 28B.50.852 periodic posttenure evaluations 28B.50.872 probationary faculty appointment evaluation 28B.50.856 nonrenewal 28B.50.857 reduced work load assignments 28B.50.859 retention of tenure on transfer to other community or technical college in district 28B.50.867 review committee [RCW Index—page 735] TEACHERS appointments, composition 28B.50.869 rules 28B.50.852 tenured faculty member, dismissal appeal, procedure 28B.50.864 cause, enumerated 28B.50.862 review, procedure 28B.50.863 leave provisions 28B.50.551 sick leave, credit plans 28B.50.551 Community colleges faculty tenure plan currently employed members 28B.50.868 tenured faculty member, dismissal 28B.50.861 Contract status, adversely affecting or discharge decision 28A.405.300 hearing 28A.405.310 judicial appeal from appeal without jury and expeditiously 28A.405.340 appellate review 28A.405.360, 28A.405.370, 28A.405.380 attorney’s fees and costs, awarding of 28A.405.350 certification and filing of school board hearings transcript 28A.405.330 damages for loss of compensation, awarding of 28A.405.350 notice of, service, filing, contents 28A.405.320 notification 28A.405.300 Contracts certificate required 28A.405.210 interstate educational personnel contracts 28A.690.030 limitation on issuing to teachers already under contract 28A.405.210 nonrenewal, procedure 28A.405.210 requisites 28A.405.210 spouse of district officer as substitute teacher 42.23.030 supplemental contracts, required for supplemental duties 28A.405.240 Correctional facilities, employment of teachers 72.01.200 Crimes, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Crimes relating to Crimes against children termination upon felony conviction, right of appeal 28A.405.470 Discharge notice to contain notice of right of appeal if available 28A.400.340 Disciplinary procedures 28A.600.020 Disruptive students, teacher training in managing 28A.415.330 District officer, employment of spouse as teacher 42.23.030 Educational staff associates continuing education requirements, acceptance of credits 28A.415.060 Employment disqualification from certificate for conviction for felony sex offense against child 9.96A.020 school holidays, no reduction of pay on basis of 28A.150.050 spouse of district officer as substitute teacher 42.23.030 Evaluation assistance to improve teaching skills may be required after evaluation 28A.405.140 criteria and procedure for certificated employees 28A.405.100 legislative findings 28A.405.110 training for evaluators 28A.405.130 training required for evaluators 28A.405.120 Excellence in education award program certificate 28A.625.042 Christa McAuliffe award 28A.625.030 duties 28A.625.050 established 28A.625.020 recognition award 28A.625.042 [RCW Index—page 736] Washington state Christa McAuliffe award for teachers 28A.625.030 Exclusion of students by 28A.600.020 False academic credentials 28A.405.260 Fingerprint check 28A.400.303, 28A.400.306 Future teachers conditional scholarship and loan repayment program Ch. 28B.102 Governor’s award for excellence in teaching history 27.34.350 Institutes leave for attendance at 28A.400.300 workshops, in-service training authorized 28A.415.010 joint district 28A.415.010 school districts may hold institutes, when 28A.415.010 support 28A.415.010 Insulting, penalty 28A.635.010 Insurance legislators, reimbursement of benefits to district for teachers on leave 44.04.230, 44.04.240 liability, life, health, accident, disability and salary 28A.400.350 mandatory 28A.400.370 retired and disabled district employees district contributions to the public employees’ and retirees’ insurance account 28A.400.400 payment to public employees’ and retirees’ insurance account 28A.400.410 retired employees premium payment 28A.400.395 retired or disabled district employees continued coverage, application 28A.400.391 self-funding 28A.400.350 Interstate agreement on qualifications of educational personnel 28A.690.010, 28A.690.020, 28A.690.030 Law against discrimination applicable to districts’ employment practices 28A.400.310 Learning improvement days 28A.415.360 Leave benefits 28A.400.300 attendance incentive program 28A.400.210 early retirement, effect 28A.400.212 Legislators insurance benefits, reimbursement to district for teachers on leave 44.04.230, 44.04.240 Math and science instructional coach program 28A.415.380 Math and science teachers, loans definitions 28B.15.760 procedures, conditions 28B.15.762 program duration 28B.15.766 publicize program 28B.15.764 Mentor teachers full-time mentor teachers pilot program 28A.415.260 teacher assistance program, participation in 28A.415.250 Morality, must teach 28A.405.030 National board for professional standards certification, bonus 28A.405.415 Not permitted to teach if certificate revoked for failure to emphasize patriotism, penalty 28A.405.040 Paraprofessional training program 28A.415.310 Patriotism, must teach 28A.405.030, 28A.405.040 Payroll deductions, authorization of 28A.405.400 Physical abuse duty to report, training 28A.400.317 Preparation programs enhance awareness of teaching experience 28B.10.032 excellence in teacher preparation award program educational grants, eligibility for and award of 28A.625.390 establishment 28A.625.360 rulemaking authority 28A.625.380 short title 28A.625.350 teacher educator award 28A.625.370 state or Pacific Northwest history course required 28B.10.710 Probation for certificated employees 28A.405.100 Professional development learning opportunities 28A.415.350 Professional educator standards board 28A.410.200, 28A.410.210, 28A.410.220, 28A.410.230, 28A.410.240 deaf and hard of hearing students teacher endorsements 28A.410.225 professional certification, rules 28A.410.250 Professional educators excellence 28A.300.050 Record check 28A.410.010 Record check information, access 28A.400.305 Record check through state patrol criminal identification system 28A.400.303 Recruiting Washington teachers program 28A.415.370 Retirement, accumulated leave creditable 28A.400.300 Sabbatical leaves 28A.400.300 Salaries credits earned to increase salary accredited institutions, requirements 28A.415.024 in-service training, continuing education, and internship credit 28A.415.020, 28A.415.023 internship clock hours 28A.415.025 limitations 28A.400.220 salary schedule for certificated employees, adoption and publication 28A.405.200 Salary allocation schedule 28A.150.410 Scholarships future teachers conditional scholarship and loan repayment program Ch. 28B.102 Seniority, retention upon transfer between schools 28A.400.300 Service provided to superintendent of public instruction or state board of education, reimbursement of substitute 28A.300.035 Sexual misconduct alleged, parental notification 28A.320.160 duty to report, training 28A.400.317 information on past, application requirements 28A.400.301 reporting disciplinary actions to national clearinghouse 28A.410.108 Sick leave procedure 28A.400.300 remuneration or benefit plan for unused 28A.400.210 early retirement, effect 28A.400.212 Staff to student ratios 28A.150.100 Student teaching centers allocation of funds 28A.415.130 definitions 28A.415.105 field experiences 28A.415.140 legislative findings and intent 28A.415.100 network of centers, purpose 28A.415.125 rulemaking authority 28A.415.145 teacher placement, to act as alternative means of 28A.415.135 Substitute teachers spouse of district officer, employment as 42.23.030 Teacher assistance program 28A.415.250 full-time mentor teachers pilot program 28A.415.260 Training courses at colleges and universities 28B.10.140 Transfer rights 28A.400.300 Transfer to other school, district, retention of seniority, leave and other benefits 28A.400.300 Vocational education baccalaureate and masters degree equivalency standards 28A.410.050 Warrants 28A.350.050 (2008 Ed.) TECHNOLOGY TEACHERS’ RETIREMENT 1977 act payroll officer, duties 41.50.240 Accumulated leave creditable 28A.400.300 Actuarial funding Ch. 41.45 Annuity, purchase of additional 41.32.350 Benefit calculation, limitation 41.32.063 Board of trustees loans, members not to guarantee 41.50.220 medical director designated by 41.50.210 records 41.50.205 report 41.50.205 Community and technical college faculty, See RETIREMENT AND PENSIONS, subtitle Community and technical colleges, faculty members Contributions 41.32.360 death before retirement, survivorship options 41.32.520 payment on withdrawal 41.32.510 prior service credit 41.32.390 Cost-of-living adjustment 41.32.485, 41.32.770 permanent postretirement allowance adjustment 41.32.4991 Death benefit fund contributions 41.32.366 Death benefits application 41.32.795 course of employment 41.32.053 member not qualified 41.32.523 member qualified 41.32.522 payment, accrual date 41.32.795 Definitions 41.32.010 Disability allowance application 41.32.795 death of recipient, disposition 41.32.790 disabled in line of duty 41.32.0641 eligibility 41.32.790 medical examinations 41.32.790 payment, accrual date 41.32.795 permanent, options 41.32.550 persons with annual half-time contracts 41.32.555 suspension while employed 41.32.800 temporary 41.32.540 Disability reserve fund, contributions and transfers to 41.32.360 Early retirement 41.32.765 Educational staff associates membership in system 41.32.032 Eligibility power of department to determine 41.32.025 Employer contribution rates 41.32.035 Falsification by member, penalty 41.32.055 Federal old age and survivors insurance, plan for coverage of teachers under Ch. 41.33 Fraud by member, penalty 41.32.055 Funds, investment of, authority 41.50.080 Interest on moneys in retirement system funds 41.50.215 salary deductions 41.32.042 Legislative service contributions 41.32.260 credit for 41.32.260 eligibility 41.32.263 limitation as to earnable compensation 41.32.4945 Loans, trustees not to guarantee 41.50.220 Lump sum retirement allowance reentry, reinstatement of previous service 41.32.762 Medical director designated by board of trustees 41.50.210 duties 41.50.210 Members with thirty years of service, irrevocable election 41.32.4986 Membership, mandatory 41.32.780 Membership in system 41.32.240 eligibility 41.32.032 reestablishment 41.32.802 service credit of educational staff associates 41.32.032 termination of membership 41.32.500 (2008 Ed.) transfer from one employer to another, effect 41.32.510 withdrawal, reentry 41.32.510 Military service credit 41.32.260 Name of system 41.32.020 Options available, allowance adjustment 41.32.530, 41.32.785 Overpayments, recovery of certain overpayments prohibited 41.50.133 Part-time employees 41.32.345 Plan 1, plan 2, and plan 3, provisions applicable to 41.32.005 Plan 1, provisions applicable to 41.32.215 Plan 2 death benefits 41.32.805 membership, choice 41.32.835 provisions applicable to 41.32.755 service credit one-time purchase 41.32.813 terminal illness 41.32.768 Plan 3 contributions, rates and distribution Ch. 41.34 death benefits 41.32.895 disability allowance 41.32.880 elements of plan 41.32.831 eligibility for retirement 41.32.875 extraordinary investment gains 41.31A.020 membership, choice 41.32.835 plan 2 restored or purchased service credit, transfer to plan 3 41.32.892 purchased service credit allocation 41.32.867 one-time purchase 41.32.868 reestablishment of membership 41.32.862 retirement allowance additional incentive payment, conditions 41.32.8401 application and effective date 41.32.855 computation 41.32.840 lump sum payments 41.32.870 reduction or suspension on reemployment 41.32.862 suspension upon reemployment 41.32.860 right to waive benefit 41.32.837 service credit for leaves of absence 41.32.865 terminal illness 41.32.878 transfer to plan 3 41.32.817, 41.32.818 payment options 41.32.851 post-retirement cost-of-living allowance 41.32.845 Postretirement employment 41.32.570 Postretirement allowance adjustment, permanent 41.32.4991 Provisions applicable to plan 1 41.32.215 Provisions applicable to plan 1, plan 2, and plan 3 41.32.005 Reduction or suspension of pension on reemployment 41.32.570, 41.32.802 Reentry 41.32.825 Refund of contributions exceptions 41.32.820 Retired teacher reentering system 41.32.044 Retirement allowance annual increase amount, legislative rights reserved 41.32.483 Retirement allowances adjustment for certain beneficiaries 41.32.4872 annual adjustment 41.32.4851 annual increases, eligibility 41.32.489 application 41.32.795 computation 41.32.760 cost-of-living adjustment 41.32.485, 41.32.770 election of options 41.32.497, 41.32.498 eligibility, service, time, age 41.32.765 eligibility for 41.32.470 how computed 41.32.480, 41.32.497, 41.32.498 minimum 41.32.4851 minimum, post-retirement adjustment, computation 41.32.485 payment, accrual date 41.32.795 permanent postretirement allowance adjustment 41.32.4991 qualification 41.32.480 suspension while employed 41.32.800 Retirement or termination agreements overpayments not required to be repaid 41.50.750 payment options, opportunity to change options 41.50.740 Rights of prior members not receiving social security 41.32.4931 Rights unassignable and exempt from taxes and legal process, exception 41.32.052 Salary deductions 41.32.042, 41.50.235 School districts, reports to board of trustees 41.50.230 School employees’ retirement system, establishment and implementation Ch. 41.35 Service credit additional, purchase of 41.32.066 armed forces service 41.32.810 creditable service 41.32.340 establishment and restoration 41.32.064 half-time employment 41.32.812 leave of absence, paid or unpaid 41.32.810 military service 41.32.260 for periods of paid leave, including service as elected official of a labor organization 41.32.267 prior service out-of-state 41.32.300 subsequent professional preparation 41.32.330 time limit for claiming prior service credit and making payments 41.32.310 State officials eligibility 41.32.263 Substitute teachers service credit, application for 41.32.013 Substitute teachers and principals reduction or suspension of pension payments 41.32.570 Tax deferral benefits 41.04.440, 41.04.450, 41.04.455 Tax deferral benefits, exceptions 41.04.445 Teachers’ retirement pension reserve sources of and purpose 41.32.380 Teachers’ retirement system plan 1 fund and subdivisions created 41.50.200 Teaching service 41.32.270 Time limit for claiming prior service credit and making payments 41.32.310 Transfer of power, duties, and functions to the department of retirement systems 41.50.030 Transfer of service credits from out-of-state plans election to use to calculate time member may retire 41.32.065 purchase of additional benefits, conditions 41.32.067 Vacation leave, accumulation of retirement benefits not increased 41.32.062 Vested membership 41.32.815 TEAR GAS BOMBS Restrictions on use, penalty for violation 70.74.310 TECHNICAL ASSISTANCE PROGRAMS (See REGULATORY FAIRNESS) TECHNICAL COLLEGES (See COMMUNITY AND TECHNICAL COLLEGES) TECHNOLOGY Center administration, board of directors 28B.20.289 availability of facilities 28B.20.295 community, trade, and economic development department responsibilities 28B.20.293 created 28B.20.285 definitions 28B.20.287 investing in information grants Ch. 70.210 renewable energy and energy efficiency [RCW Index—page 737] TELECOMMUNICATIONS business development, strategic plan 28B.20.296 clean energy, policy 28B.20.298 small business innovation research assistance program 28B.20.297 staff, faculty, and facilities support 28B.20.291 Community technology opportunity program Ch. 28B.32 Community technology programs, web directory 43.105.360 Degrees, masters and doctorate level Washington State University 28B.30.500 Education technology definitions 28A.650.010 education technology account 28A.650.035 educational technology advisory committee 28A.650.015 K-12 education statewide network, distribution of funds to expand 28A.650.030 K-12 education technology plan development and implementation 28A.650.015 legislative findings and intent 28A.650.005 regional educational technology support centers, distribution of funds to 28A.650.025 regional educational technology support centers and advisory councils 28A.650.020 rule making authority 28A.650.040 High technology businesses tax credits and deferrals Ch. 82.63 High-technology coordinating board Ch. 28B.65 High-technology education and training program Ch. 28B.65 Information and technology literacy definition and standards for implementation 28B.10.125 Investing in innovation grants Ch. 70.210 Math, engineering, and science achievement program coordinator 28A.625.220, 28A.625.230 establishment at University of Washington, goals 28A.625.210 legislative findings and intent 28A.625.200 local program centers 28A.625.240 Spokane intercollegiate research and technology institute Ch. 28B.38 Telecommunications system, graduate and continuing education needs 28B.30.520 TELECOMMUNICATIONS (See also PUBLIC UTILITIES, subtitle Telecommunications companies; TELEPHONES) 911 emergency communications network, statewide enhanced system automatic location identification 38.52.505 calls from radio communications service companies 38.52.561 counties, implementation and funding duties 38.52.510 enhanced 911 account, creation and uses 38.52.540 enhanced 911 advisory committee 38.52.530, 38.52.532 privacy exemption of system operated to assist public health or safety agencies in responding to calls from violation of privacy statutes 9.73.070 state enhanced 911 coordination office, establishment and duties 38.52.520, 38.52.525 uniform national standards 38.52.535 900 numbers, regulation Ch. 19.162 Cable television and telecommunications service, use of right of way Ch. 35.99, 35A.21.245 Caller identification and location services exemption of utilities and transportation commission approved services from violation of privacy statutes 9.73.070 [RCW Index—page 738] Commercial electronic text messages, restrictions 19.190.060, 19.190.070 Crimes civil cause of action 9A.56.268 fraud 9.26A.110, 9.26A.115 definitions 9.26A.100 pay telephones, fraudulent operation 9.26A.120 frauds pay telephones, manufacturing of slugs for use in 9.26A.130 theft of services 9A.56.262 unlawful manufacture of device 9A.56.264 unlawful sale of device 9A.56.266 Deaf persons, telecommunications relay system definitions 43.20A.720 program 43.20A.725 telephone relay system excise tax 43.20A.725 Electronic messages digital signature authentication and certification authority Ch. 19.34 E-mail unpermitted or misleading commercial messages, prohibition Ch. 19.190 Emergency communications systems and information immunity from civil liability for businesses, companies, and individuals 38.52.550 Fraud in obtaining service civil action to enjoin violation 7.40.230 Information technology, preparation of agency portfolio and performance report 43.105.170, 43.105.172 Information technology projects, state funding policies and standards, duty of director of office of financial management to establish 43.88.560 Insurance, communications equipment specialty producer licenses Ch. 48.120 Internet, See INTERNET K-20 telecommunications network, planning and operation Ch. 43.105 Port districts definitions 53.08.005 facilities 53.08.370 services 53.08.380 Public utility districts authority to construct facilities and provide services 54.16.005 facilities and services 54.16.330, 54.16.340 Right of way highways 47.04.047 highways, lease 47.04.045, 47.04.046 franchises, exceptions 47.44.081 telecommunications and cable television service use Ch. 35.99, 35A.21.245 Speech impaired persons, telecommunications relay system for definitions 43.20A.720 program 43.20A.725 telephone relay system excise tax 43.20A.725 State information services planning and management Ch. 43.105 State ownership and use of, See also INFORMATION SERVICES, DEPARTMENT OF Strategic information technology plan, state preparation and submission by department of information services 43.105.160 Systems installations administrator certificate and examination 19.28.430, 19.28.440 contractor insurance 19.28.501 contractor license 19.28.420 definitions 19.28.400 disputes and arbitration panel 19.28.460 enforcement 19.28.450 inspections and permits 19.28.470 limitation of action 19.28.521 rules, authority to adopt 19.28.551 standards, interpretation 19.28.480, 19.28.541 standards and requirements 19.28.410 unlawful acts 19.28.480, 19.28.531 violations, penalties, appeals 19.28.490 worker certification not required 19.28.511 Tax administration 82.32.490, 82.32.495, 82.32.500, 82.32.505, 82.32.510, 82.32.515 Taxation Ch. 84.12 Technology investing in innovation grants Ch. 70.210 Telecommunications relay system for the hearing and speech impaired definitions 43.20A.720 program 43.20A.725 telephone relay system excise tax 43.20A.725 Telefacsimile messages unsolicited transmissions prohibited, penalties 80.36.540 Telephones universal service program 80.36.600, 80.36.610, 80.36.620 Video school programming, superintendent of public instruction coordination duties 28A.300.190 Wireless service facilities disabled access requirements, exception 70.92.170 highways, lease of rights of way 47.04.045, 47.04.046 franchises, exceptions 47.44.081 highways, limited access facilities approach permit, report 47.52.220 highways, right of way policy 47.04.047 TELECOMMUNICATIONS COMPANIES (See PUBLIC UTILITIES, subtitle Telecommunications companies) TELECOMMUNICATIONS—STATE (See INFORMATION SERVICES, DEPARTMENT OF) TELEFACSIMILE DEVICES (See TELEPHONES, subtitle Telefacsimile messages) TELEGRAPH COMPANIES (See also PUBLIC UTILITIES, subtitle Telecommunications companies; PUBLIC UTILITIES, subtitle Telegraph companies) Common carrier Const. Art. 12 § 19 Construction of lines authorized Const. Art. 12 § 19 Delay and discrimination in handling messages prohibited Const. Art. 12 § 19 Eminent domain, right extended to Const. Art. 12 § 19 Rights-of-way, railroads must allow use for construction of line Const. Art. 12 § 19 Taxation Ch. 84.12 Underground utilities, location, damage Ch. 19.122 TELEGRAPH LINES (See also PUBLIC UTILITIES, subtitle Telegraph lines) Cities and towns, construction and maintenance 35.22.330, 35.30.010 County roads, franchises along 36.55.010 Eminent domain by telecommunications company 80.36.010 Franchises to construct along state highways 47.44.010 Port district toll facilities, construction and maintenance along 53.34.010 Right of entry by telecommunications company 80.36.020, 80.36.030 Underground, conversion to or installation cities and towns Ch. 35.96 counties 36.88.410, 36.88.420, 36.88.430, 36.88.440, 36.88.450, 36.88.460, 36.88.470, 36.88.480 Underground utilities, location, damage Ch. 19.122 TELEGRAPHIC COMMUNICATIONS Arrest, service of warrant of arrest by telegraph 10.31.060 Crimes relating to 9.73.010, 9.73.020 (2008 Ed.) TELEPHONES Generally Ch. 5.52 Service of process by warrants of arrest issued on indictment or information 10.31.060 Underground utilities, location, damage Ch. 19.122 TELEMARKETING Regulation Ch. 19.158 TELEPHONE BUYERS’ PROTECTION ACT (See TELEPHONES, subtitle Telephone buyers’ protection act) TELEPHONE COMPANIES (See also PUBLIC UTILITIES, subtitle Telecommunications companies; PUBLIC UTILITIES, subtitle Telephone companies) Cities and towns fee for administrative costs allowed 35.21.860 franchise fee prohibited 35.21.860 tax limitation 6%, exception 35.21.870 tax limitations 35.21.865 Eminent domain Const. Art. 12 § 19 Mandatory measured service filings for, procedure and policy 80.04.130 Rates and charges decreases, investigation and approval or rejection by utilities and transportation commission 80.04.130 Taxation Ch. 84.12 telephone program excise taxes Ch. 82.72 Telephone assistance program 80.04.130 Underground utilities, location, damage Ch. 19.122 Washington telephone assistance program 80.04.130 TELEPHONE LINES (See also PUBLIC UTILITIES, subtitle Telephone lines; TELEPHONES) County roads, franchises along 36.55.010 Franchises to construct along state highways 47.44.010 Port district toll facilities, construction and maintenance along 53.34.010 Underground, conversion to or installation cities and towns Ch. 35.96 counties 36.88.440, 36.88.450 Underground, conversion to or installation of counties 36.88.410, 36.88.420, 36.88.430, 36.88.460, 36.88.470, 36.88.480 Underground utilities, location, damage Ch. 19.122 TELEPHONES (See also COMMUNICATIONS, subtitle Telephone; TELECOMMUNICATIONS) 976 and other exclusive prefixes generally 80.36.500 911 emergency communications network, statewide enhanced system automatic location identification 38.52.505 calls from radio communications service companies 38.52.561 counties, implementation and funding duties 38.52.510 enhanced 911 account, creation and uses 38.52.540 enhanced 911 advisory committee 38.52.530, 38.52.532 privacy exemption of system operated to assist public health or safety agencies in responding to calls from violation of privacy statutes 9.73.070 state enhanced 911 coordination office, establishment and duties 38.52.520, 38.52.525 uniform national standards 38.52.535 900 numbers, regulation Ch. 19.162, 80.36.500 911 service enhanced 911 service business service requirements 80.36.560 (2008 Ed.) residential service requirements 80.36.555 school service requirements 28A.335.320 Administrative rule-making telefacsimile or recorded telephone comments, acceptance in regard to proposed rules 34.05.325 Alternate operator services disclosure 80.36.510, 80.36.520 registration, penalty for operation without proper registration 80.36.522 rulemaking authority, utilities and transportation commission 80.36.524 violations of consumer protection act 80.36.530 Automatic dialing devices, telephone solicitation using, prohibited 80.36.400 Bugging 9.73.030 Business listings in directory Ch. 19.160 Buyers’ protection act Ch. 19.130 Caller identification and location services exemption of utilities and transportation commission approved services from violation of privacy statutes 9.73.070 Cities and towns deferral of rate reduction telephone business 35A.82.070 tax network telephone services 35A.82.065 telephone toll service 35A.82.060 Commercial electronic text messages, restrictions 19.190.060, 19.190.070 Commercial solicitations cancellation of purchases 19.158.120 cooling off period 19.158.120 damages and costs 19.158.130 definitions 19.158.020 disclosure requirements 19.158.110 duties and prohibited acts 19.158.110 hours for calling regulated 19.158.040 injunctive relief 19.158.090 notice to customers 19.158.110 process, appointment of agent to receive 19.158.070 registration, penalty for soliciting without 19.158.150 registration requirements 19.158.050 remedies 19.158.130 required payment by credit card prohibited 19.158.100 roofing and siding contractors and salespersons, regulation Ch. 19.186 rule-making authority of licensing director 19.158.080 suspension of license or certificate for noncompliance with support order 19.158.050 uniform regulation of business and professions act 19.158.070 unprofessional conduct 19.158.040, 19.158.050 violations civil penalties 19.158.140 consumer protection act, application 19.158.030 injunctive relief 19.158.090 penalties 19.158.160 voidable contracts 19.158.120 Commercial telephone solicitation Ch. 19.158 Counties automatic number or location identification, regulation prohibited 36.32.475 Credit cards prohibited acts 9.26A.090 Crimes 911 emergency communications networks exemption of system operated to assist public health or safety agencies in responding to calls from violation of privacy statutes 9.73.070 bugging 9.73.030 caller identification and location services exemption of utilities and transportation commission approved services from violation of privacy statutes 9.73.070 credit cards and identification numbers, prohibited acts 9.26A.090 electronic interception 9.73.030, 9.73.040, 9.73.050, 9.73.060, 9.73.080, 9.73.090, 9.73.100 prohibition, exceptions 9.73.070 fraud 9.26A.110, 9.26A.115 definitions 9.26A.100 pay telephones, fraudulent operation 9.26A.120 pay telephones, manufacturing of slugs for use in 9.26A.130 intercepting private conversation 9.73.030 obscene calls 9.61.230 recording private conversations 9.73.030, 9.73.040, 9.73.050, 9.73.060, 9.73.080, 9.73.090, 9.73.100 prohibition, exceptions 9.73.070 records, unauthorized sale or procurement 9.26A.140 threatening calls 9.61.230 video and sound recordings by police, fire, and certain emergency response personnel, when authorized 9.73.090 wiretaps 9.73.030, 9.73.040, 9.73.050, 9.73.060, 9.73.080, 9.73.090, 9.73.100 prohibition, exceptions 9.73.070 Deaf and speech-impaired persons, telecommunications relay system for long distance discount rates required for service in conjunction with relay system 80.36.195 Directories, notice of yielding of line for emergencies 70.85.040 Directory business listings Ch. 19.160 Emergencies, yielding party line for definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency, penalty 70.85.030 Emergency communications systems and information immunity from civil liability for businesses, companies, and individuals 38.52.550 Emergency information telephone services accessibility from all phones 43.17.230 Equipment buyers’ protection act Ch. 19.130 Extended area service defined 80.36.850 petition for service, procedure, required findings 80.36.855 when service must be provided, determination procedure 80.36.855 Fax, See TELEPHONES, telefacsimile messages Floral products, telephone directory business listings Ch. 19.160 Hostage or barricade situation service disruption, telephone company immunity from liability 70.85.120 telecommunications may be intercepted 9.73.030 telephone communication 70.85.100 applicable law 70.85.130 telephone company assistance 70.85.110 Information delivery services generally 80.36.500 Insurance, communications equipment specialty producer licenses Ch. 48.120 Local exchange companies small companies, regulatory exemptions and reporting requirements 80.04.530, 80.08.160, 80.12.045, 80.16.055 Mandatory local measured telecommunication service generally 80.04.130 Mandatory measured service filings for, procedure and policy 80.04.130 Mobile phones wireless service facilities 80.36.375 [RCW Index—page 739] TELETYPE COMMUNICATIONS Network telephone service cities and towns 35.21.714 Obscene calls 9.61.230 Party lines, yielding for emergencies definitions 70.85.010 refusal, penalty 70.85.020 request for line on pretext of emergency, penalty 70.85.030 Pay telephones call to operator without use of coins 80.36.225 fraudulent operation of 9.26A.120 slugs, manufacture for use in 9.26A.130 Pay-per-call information delivery services advertisement of services, requirements and restrictions 19.162.040 children, services directed at, prohibitions and restrictions 19.162.050 consumer protection act, application 19.162.010 definitions 19.162.020 nonpayments of charges 19.162.060 preamble to program messages, required contents 19.162.030 scope of chapter 19.162.010 violations, action for damages 19.162.070 Radio equipment exempt from telephone buyers’ protection act 19.130.040 Rates and charges deaf and speech-impaired, long distance discount rates required for service in conjunction with telecommunications relay system 80.36.195 published rate to be charged, exceptions 80.36.130 telecommunication services, temporary tariff reduction or waiver to promote service 80.04.130 Retail installment sales by commercial telephone solicitors cancellation of contract 63.14.154 cooling off period 63.14.154 Runaway hotline 74.13.039 Sales buyers’ protection act Ch. 19.130 Schools telephone pagers and cellular telephones, limits on possession 28A.320.135 Service access codes, information delivery services provided through regulation of 80.36.500 Slugs manufacture for use in pay telephones 9.26A.130 Solicitation automatic dialing devices, prohibited 80.36.400 cancellation of retail installment transaction 63.14.154 commercial Ch. 19.158 cooling off period retail installment sales, conditions 63.14.154 regulated 80.36.390 retail installment sales cancellation of contract 63.14.154 roofing and siding contractors and salespersons, regulation Ch. 19.186 Tariff changes telecommunication services, temporary tariff reduction or waiver to promote service 80.04.130 Taxation cities and towns 35.21.710, 35.21.712 network telephone service 35.21.714, 35.21.715 telephone business deferral of rate reduction 35.21.871 toll telephone service 35.21.714 Telefacsimile messages administrative rules, acceptance of telefacsimile or recorded telephone comments on proposed rules 34.05.325 filings with secretary of state 43.07.173 [RCW Index—page 740] unsolicited transmissions prohibited, penalties 80.36.540 Telemarketing, regulation Ch. 19.158 Telephone assistance program 80.04.130 availability, components 80.36.420 community service voice mail, funding 80.36.430 definitions 80.36.005 deposit waivers, connection fee discounts 80.36.460 eligibility 80.36.470 excise tax on all switched access lines 80.36.430 limit, one line per household 80.36.450 report to legislature 80.36.475 rules, authority to adopt 80.36.440 Telephone buyers’ protection act advertising media, liability limited 19.130.030 disclosure of information 19.130.020 equipment not intended for use, law inapplicable 19.130.050 radios exemption 19.130.040 used equipment, law inapplicable 19.130.050 violations, consumer protection law applicable 19.130.060 Telephone poles attachment of objects 70.54.090 Telephone program excise taxes Ch. 82.72 Toll-free hot lines pathological gamblers, information for 9.46.071 Underground utilities, location, damage Ch. 19.122 Universal service program commission authority 80.36.610 definitions 80.36.600 planning and preparation 80.36.600 rules adoption 80.36.620 Warranties buyers’ protection act Ch. 19.130 Washington telephone assistance program 80.04.130 Wireless services facilities environmental impact statement exemption 43.21C.0384 insulation requirement exemption 19.27A.027 siting microcells and/or minor facilities 80.36.375 personal numbers, disclosure protections Ch. 19.250 power density analysis, random testing 43.70.605 radio frequency exposure, survey of literature on health effects 43.70.600 traffic violations, cell phone and wireless communication while driving 46.61.667, 46.61.668 TELETYPE COMMUNICATIONS Arrest, service by 10.31.060 Emergency services access, installation, local governments 70.54.180 TELEVISION Amber alerts broadcasting, immunity 4.24.720 Cable television services civil cause of action 9A.56.250 connection of nondecoding and nondescrambling channel frequency converter permissible 9A.56.260 forfeiture and disposal of device 9A.56.230, 9A.56.240 television reception improvement districts Ch. 36.95 theft of subscription services 9A.56.220 unauthorized use of subscription services 9A.56.010 Channel blocking devices, availability required 19.188.020 Closed circuit child witness, testimony by means of 9A.44.150 Defamatory statements, owner or operator liability limited 19.64.010 Defamatory statements, speaker or sponsor liability 19.64.020 Libel, owner or operator liability limited 19.64.010 Motor vehicles, operating when television viewer in sight of driver 46.37.480 Noncompetition agreements for broadcasting industry employees 49.44.190 Public broadcast grants 43.63A.400, 43.63A.410, 43.63A.420 Radio 49.44.190 Recordings, unlawful use chapter not applicable to certain nonrecorded broadcast uses 19.25.810 chapter not applicable to recordings intended only for broadcast 19.25.800 Search warrants 10.79.015 State parks, lease of land for television stations 79A.05.080, 79A.05.085 Subscription television services civil cause of action 9A.56.250 forfeiture and disposal of device 9A.56.230, 9A.56.240 theft 9A.56.220 unauthorized use defined 9A.56.010 Tax imposed on broadcasting 82.04.280, 82.04.440 Time/channel locks, availability required 19.188.020 Underground utilities, location, damage Ch. 19.122 Violence reduction in media, reporting 43.70.560 TELEVISION RECEPTION IMPROVEMENT DISTRICTS Boundaries, territory excluded 36.95.020 Budget county budget provisions applicable 36.95.090 financing 36.95.090, 36.95.100 Costs of county officers reimbursed 36.95.180 dissolution, disposition of property 36.95.200 District board claims against, procedure upon allowance 36.95.150 duties 36.95.060 members 36.95.060 expenses of, reimbursement 36.95.070 vacancies, filling of 36.95.060 officers 36.95.060 powers, generally 36.95.130 quorum 36.95.060 District treasurer, duties, tax payment notices 36.95.160 District warrants 36.95.160 Formation not to be formed to operate certain translator stations 36.95.210 petition to form contents 36.95.030 notice of text of, meeting where to be considered 36.95.040 resolution creating district 36.95.050 List of television set owners 36.95.080 Signals district may utilize 36.95.140 Tax imposed for exemptions 36.95.100 penalty as to false statements of exemption 36.95.190 levied 36.95.100 liability for delinquent tax and costs 36.95.110 maximum 36.95.100 prorating tax 36.95.120 Tax payment notices 36.95.160 TEMPERANCE AND GOOD CITIZENSHIP DAY School observance of, program 28A.230.150 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (See PUBLIC ASSISTANCE, (2008 Ed.) THREATS subtitle Temporary assistance for needy families; WORKFIRST) TEMPORARY INJUNCTIONS (See INJUNCTIONS) TEMPORARY WORKERS (See AGRICULTURAL LABOR; LABOR, Subtitle Seasonal; MIGRANT LABOR HOUSING) TENANCY (See also LANDLORD AND TENANT) Descent and distribution, tenancy by the entireties abolished 11.04.071 Dower and courtesy abolished 11.04.060 Joint tenancy, See JOINT TENANCY Life tenants, partition proceedings, See PARTITION TENANCY IN COMMON (See also JOINT TENANCY) Ejectment and quieting title actions actions against cotenants 7.28.240 judgment of, when 7.28.180 Registration of land titles, issuance of title certificate to one owner 65.12.270 TERM LIMITS Action to enforce limit any citizen authorized to bring 7.16.370 Legislature for members of the house of representatives and the senate 44.04.015 TERMS OF OFFICE Attorney general Const. Art. 3 § 3 Auditor of state Const. Art. 3 § 3 Commissioner of public lands Const. Art. 3 § 3 County, district, precinct and township officers Const. Art. 11 § 5 County board of adjustment 36.70.230 County park and recreation board 36.68.040 Governor Const. Art. 3 § 2 Judges of superior court Const. Art. 4 § 5 Judges of supreme court Const. Art. 4 § 3 Lieutenant governor Const. Art. 3 § 3 Person elected to fill vacancy in office, term 42.12.030 Representatives Const. Art. 2 § 5 Secretary of state Const. Art. 3 § 3 Senators Const. Art. 2 § 6 State officer, commencement of term Const. Art. 3§4 Superintendent of public instruction Const. Art. 3 §3 Tenure of office, extension of term not to be granted to county and local officers Const. Art. 11 § 8 Treasurer of state Const. Art. 3 § 3 TERRORISM Civil disorder training 9A.48.120 Crime victims’ compensation act of terrorism committed outside of United States against state resident, compensation eligibility 7.68.020 Malicious placement of an explosive, penalties 70.74.270 Terrorist act, definition 70.74.285 TESTAMENTARY TRUSTS Gifts to, validity 11.12.250 TESTIMONY (See also EVIDENCE) Accused not required to testify against himself Const. Art. 1 § 9 except in case of bribery Const. Art. 2 § 30 Admissibility of decision of court as to 4.44.080 facts preliminary to decided by court 4.44.080 Attachment of witness to compel 5.56.070, 5.56.080 Children abuse or sexual contact, admissibility of child’s statement 9A.44.120 sexual offenses involving, admissibility of child’s statement 9A.44.120 (2008 Ed.) Compulsory in cases of corrupt solicitation Const. Art. 2 § 30 Coroner’s inquest, reduction of testimony to writing 36.24.080 District judges, continuance to procure 12.12.010 Grand jury, criminal investigations, witness entitled to attorney at law 10.27.080 Hearing impaired persons visual recording of testimony 2.42.180 Husband and wife family abandonment and nonsupport proceedings 26.20.071 Immunity from prosecution public officer obeying writ of habeas corpus 7.36.180 supplemental proceedings 6.32.200 Immunity from prosecution, See also IMMUNITY FROM PROSECUTION Motion for new trial on ground of newly discovered evidence, affidavit requirements as to testimony 4.76.070 Oral testimony admissible on hearing to replace court records lost or destroyed 5.48.040 Persons before judicial officers required to testify 5.56.050 Persons in court required to testify 5.56.050 Prisoners in jails or prisons, how obtained 5.56.090 Privileged communications 5.60.060 libel, privileged communication as defense 9.58.070 supplemental proceedings 6.32.200 Privileged communications, See also PRIVILEGED COMMUNICATIONS Referee’s compensation for writing 4.48.100 power to compel 4.48.060 Reporter to take 2.32.200 Self-incrimination, See SELFINCRIMINATION Sexual contact with children admissibility of child’s statement 9A.44.120 Supplemental proceedings answers required 6.32.200 immunity, when 6.32.200 referee’s report to judge 6.32.060 Transcripts of, costs 2.32.240 Treason, what necessary for conviction Const. Art. 1 § 27 Visual recording hearing impaired persons 2.42.180 Weight of, not affected by religious belief Const. Art. 1 § 11 Who may take 5.28.010 THE EVERGREEN STATE COLLEGE (See also COLLEGES AND UNIVERSITIES) Annuities and retirement faculty 28B.40.500 staff 28B.40.505 Application of existing state college laws to new college 28B.40.830 Bond issues for buildings and facilities—1961 act bond retirement funds building fees, grants deposited 28B.35.750 concurrent effect 28B.35.790 definitions 28B.35.710 issuance, sale, form, term, interest, covenants, etc. 28B.35.730, 28B.35.740 not general obligation of state 28B.35.780 powers of trustees 28B.35.720 purpose, powers of trustees 28B.35.700 refunding bonds 28B.35.770 Building fees disposition 28B.35.370 Degrees authorized 28B.40.200, 28B.40.206 Diplomas, certificate, signing, contents 28B.40.230 Established, location 28B.40.810 Expulsion or suspension of students 28B.40.350 Fees disposition of building fee, fund revenues 28B.40.370 generally 28B.40.360 installment payments 28B.15.411 refund, cancellation 28B.15.600 waiver Washington scholar award recipients 28B.15.543 Fees, See also COLLEGES AND UNIVERSITIES, subtitle Fees Fire protection, authority 28B.40.190 Funds capital projects account building fees deposited 28B.35.370 normal school fund revenues deposited 28B.35.370 Model schools and training departments enrollment estimate 28B.40.305 high-technology education and training 28B.40.320 purpose 28B.40.300 school districts to receive credit for attendance 28B.40.315 Normal school fund revenues, disposition 28B.35.370, 28B.35.751 Normal school grant to the college 43.79.150 Open public meetings governing body of recognized student association 42.30.200 Powers and duties of board 28B.40.830 Presidents powers and duties 28B.40.390 School districts to furnish pupils for training of teachers 28B.40.310 State register, considered state agency for purpose of 34.08.050 Treasurer, appointment 28B.40.195 Trustees appointment, terms of office 28B.40.820 appointment, terms of office, vacancies, quorum 28B.40.100 meetings 28B.40.110 officers, quorum 28B.40.105 power to adopt bylaws 28B.40.105 powers and duties 28B.40.120, 28B.40.830 powers regarding issuance of bonds, investments, transfer of funds, etc. 28B.35.760 Washington award for vocational excellence tuition and fee waivers or grants 28B.15.545, 28B.15.546 THEATERS Doors, swinging outward 70.54.070 Fireworks 70.77.535 Sexually explicit material, unlawful display of 9.68.130 THEATRICAL ENTERPRISES Defined 49.38.010 Department defined 49.38.010 Rules, adoption of by department of labor and industries 49.38.070 Wages cash deposit or bond required 49.38.020, 49.38.030 action against 49.38.040 attorney’s fees for prevailing party 49.38.050 violations, gross misdemeanor 49.38.060 THEFT (See CRIMES) THERMAL ENERGY (See ENERGY FACILITIES) THOMAS BURKE MEMORIAL WASHINGTON STATE MUSEUM (See MUSEUMS, subtitle Burke museum) THREATS Bomb threats, penalty 9.61.160 Governor or immediate family, governor-elect, officers next in order of succession, against, penalty 9A.36.090 [RCW Index—page 741] THURSTON COUNTY THURSTON COUNTY Boundaries, tracing of 36.04.340 Capital facilities debt service costs for state facilities shared by departments 43.01.091 surcharge for state-owned and managed facilities 43.01.090 Thurston county capital facilities account 43.01.090, 43.19.501 Southwest Washington fair commission, creation 36.90.020 Superior court judges, number of 2.08.065 TICKETS (See ADMISSION CHARGE; TRAFFIC INFRACTIONS) TIDE WATERS Control and regulation within harbor areas Const. Art. 15 § 1, Const. Art. 15 § 2, Const. Art. 15 §3 TIDELANDS (See also PUBLIC LANDS, subtitle Aquatic lands - tidelands and shorelands) Cities and towns adjacent to, jurisdiction 35.21.160 assessments 35.44.160 jurisdiction 35.21.160 Ditches and drains, private construction 85.28.130, 85.28.140 Drainage, private ditches and drains 85.28.130, 85.28.140 Eminent domain against, railroad and canal companies 81.36.010 Excavation of waterways, See PUBLIC LANDS, subtitle Waterways Federal land, annexation by second class cities 35.13.200 First class streets and alleys over, supervision and control of 35.21.250 Fish and wildlife department-managed lands, exchange with landowners if in public interest 43.300.070 Fishways, flow, and screening Ch. 77.57 Flood control, See FLOOD CONTROL Harbor improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Leases on, assessments 35.44.160 Mineral prospecting leases, See PUBLIC LANDS, subtitle Mineral prospecting leases Mining contracts, See PUBLIC LANDS, subtitle Mining contracts Municipal corporations, may extend streets over tidelands Const. Art. 15 § 3 Public lands—aquatic lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Public shooting grounds, use 77.12.540, 77.12.550, 77.12.560 Purple loosestrife control program Ch. 17.26 Reclamation of tide and unsurveyed land, diking districts 85.05.540, 85.05.550 Rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Salmon intertidal enhancement plan 77.85.230 intertidal habitat restoration planning process 77.85.220 Shellfish protection districts and programs Ch. 90.72 Shoreline management act Ch. 90.58 Spartina control program Ch. 17.26 State ownership asserted Const. Art. 17 § 1 Streets and alleys, abutting fresh water and salt, vacation of, limitation on 35.79.035 Streets of cities and towns, public highways 35.21.230, 35.21.240 [RCW Index—page 742] Title to lands patented disclaimed by state Const. Art. 17 § 2 Transfer of certain tidelands to parks and recreation commission 79A.05.200, 79A.05.205 United States water rights Ch. 90.40 Water pollution control Ch. 90.48 Wharves, docks, and landings Ch. 88.24 TIMBER (See also FORESTS AND FOREST PRODUCTS; PUBLIC LANDS) Business and occupation tax timber products activities 82.04.260, 82.04.261 County property sales, reservations 36.34.010 Electric utility removal of vegetation, liability 64.12.035 Environmental and forest restoration Ch. 43.21J Forest lands containing, conveyance to United States, counties 36.34.210 Forest products commission Ch. 15.100 Hardwoods commission, See FORESTS AND FOREST PRODUCTS, subtitle Hardwoods commission Indian disabilities relating to alienation 64.20.030 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Logs and logging Injury to or removal, damages 64.12.030 Liability for damages caused by removal, waste, or injury 4.24.630 Liens company laborer, lien on company franchise, earnings, property Ch. 60.32 Public land provisions, See PUBLIC LANDS, subtitle Valuable materials, sale of Severance and sale of timber and other personalty from highway lands, disposition of proceeds 47.12.140 Timber harvest excise tax agreements 43.06.475, 43.06.480 Tree spiking 9.91.150, 9.91.155 TIMBER IMPACT AREAS (See also FORESTS AND FOREST PRODUCTS, subtitle Timber impact areas) Emergency mortgage and rental assistance program duties of department of community, trade, and economic development 43.63A.640 eligibility 43.63A.630 mortgage assistance, guidelines 43.63A.610 rental assistance, guidelines 43.63A.620 Skagit river salmon recovery plan employment of displaced timber workers 77.95.140 TIMBER TAXATION (See TAXES PROPERTY) TIME Computation 1.12.040 Contest of admission or rejection, time limit for 11.24.010 Daylight saving time observance 1.20.051 prohibition of by local subdivisions, exceptions 1.20.050 Extension of serving papers and notices 4.32.250 Initiative petitions, time for filing Const. Art. 2 § 1 Insurance, refunds 48.14.070 Pleadings, See PLEADINGS, subtitle Time Referendum petition, time for filing Const. Art. 2 §1 Standard time, requirement of and exceptions 1.20.050 TIMESHARE REGULATION Advertisement copy filed with director 64.36.310 Advertisements registration prior to 64.36.020 Application of chapter 64.36.290 Awards, prohibitions 64.36.320 Budgets 64.36.185 Cease and desist orders 64.36.195, 64.36.200 Corporate shield disclaimer prohibited 64.36.035 Definitions 64.36.010 Director authority 64.36.195 Director’s power 64.36.270 Disclosure document to prospective purchasers 64.36.140, 64.36.150 Exemptions registration, penalties 64.36.020 Exemptions from chapter 64.36.290 Fee simple title conveyed impoundment of proceeds not necessary 64.36.130 Fees 64.36.081 Fraud 64.36.210 Free gifts, prohibitions 64.36.320 Good faith acts no liability 64.36.160 Good faith required 64.36.120 Hearings cease and desist orders 64.36.200 Immunity good faith acts 64.36.160 Impoundment of proceeds 64.36.130 Injunctions, restraining orders, writs of mandamus 64.36.220 Inspection of projects 64.36.085 Interest promoter’s obligations 64.36.028 Interest reservation definition, promoter’s obligations 64.36.025 Interpretive opinions 64.36.270 Liability good faith acts immune 64.36.160 reimbursement 64.36.225 violation of chapter 64.36.240 Membership lists 64.36.330 Notice cease and desist orders 64.36.200 Offers disclosure document to prospective purchasers 64.36.140, 64.36.150 registration prior to 64.36.020 Out-of-state jurisdiction or venue designation void 64.36.120 Prizes, prohibitions 64.36.320 Promoter to sign applications 64.36.035 Promoter’s interest disclosure document to prospective purchasers 64.36.150 transfer requirements 64.36.110 Promotional programs 64.36.320 Purchasers cancellation and refund 64.36.150 disclosure document to be provided 64.36.140, 64.36.150 good faith required 64.36.120 void agreement if no disclosure 64.36.150 Purchases rights of 64.36.110 Quite enjoyment 64.36.130 Receivers or conservators 64.36.220 Registration salesperson exemption 64.36.070 required 64.36.070 unprofessional conduct, disciplinary action 64.36.090, 64.36.100 Registration of offerings application amendment 64.36.050 contents 64.36.030 effective date 64.36.040 in lieu of documents acceptable 64.36.060 renewal 64.36.050 unprofessional conduct, disciplinary action 64.36.090, 64.36.100 waiver of disclosure 64.36.060 conditions impoundment of sale proceeds 64.36.130 trusts, escrows 64.36.130 duration 64.36.050 (2008 Ed.) TOBACCO SETTLEMENT AUTHORITY exemptions 64.36.020 not "endorsement" by director of representations 64.36.260 penalties 64.36.050 prior to advertising, soliciting, or offering 64.36.020 renewal of 64.36.050 requirements for, penalties 64.36.020 service of, process consent to 64.36.250 stop orders 64.36.040 Remedies 64.36.240 Rules, authority of director 64.36.270 Sales cancellation and refund 64.36.150 disclosure document to prospective purchasers 64.36.140, 64.36.150 proceeds, impoundment authorized 64.36.130 promoter’s interest requirements 64.36.110 registration prior to 64.36.020 seller’s disclosures, requirements Ch. 64.06 voidable if no disclosure document 64.36.150 Salesperson good faith required 64.36.120 registration exemption 64.36.070 required 64.36.070 unprofessional conduct, disciplinary action 64.36.090, 64.36.100 Service of process consent by registration 64.36.250 Signatures 64.36.035 Solicitations registration prior to 64.36.020 Stop orders 64.36.040 Transfers promoter’s interest requirements 64.36.110 Trusts, escrows condition of registration 64.36.130 Unfair and deceptive trade practice 64.36.170 Uniform regulation of business and professions act 64.36.340 Unlawful acts 64.36.260 Unlawful acts, penalties 64.36.210 Violation of chapter liability 64.36.240 unfair and deceptive trade practice 64.36.170 TIRE RECYCLING (See also RECYCLING; WASTE REDUCTION, RECYCLING, AND MODEL LITTER CONTROL ACT) Cooperation between industry and state 70.95.540 Definitions 70.95.030 Department of ecology duties 70.95.260 Disposal regulated 70.95.500 Exemptions to disposal requirements 70.95.500 Fee on new replacement tires 70.95.510, 70.95.515 disposition 70.95.535 Penalty for illegal disposal 70.95.500 Report 70.95.545 Waste tire removal account 70.95.521, 70.95.530 TIRES Chain installation permits to install 47.04.270 Fee on new replacement tires 70.95.510, 70.95.515 disposition 70.95.535 Motor vehicles chains, use regulated by state patrol 46.37.420 chains or studded tires when may be required 46.37.420 pneumatic rubber tires, use 46.37.420 safety standards state patrol rulemaking authority 46.37.425 studs 46.04.272, 46.37.420, 46.37.4215, 46.37.4216 temporary-use spare tires, use authorized 46.37.420 (2008 Ed.) Playground matting made from shredded waste tires consideration in construction and maintenance projects 28A.335.300 Waste tires contracts with unlicensed persons prohibited 70.95.565 definitions 70.95.550 liability, limitations on 70.95.700 transportation or storage business 70.95.555, 70.95.560, 70.95.565 TITLE DOCUMENTS (See UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title (Article 7)) TITLE INSURANCE Abstractors exempted 48.29.010 Administration of chapter, rules 48.29.005 Agents county tract indexes required 48.29.160 escrow agent, conducting business as 48.29.190 prohibited practices 48.29.200 separate licensing for individuals not required 48.29.170 Business inducements 48.29.210 County tract indexes required 48.29.160 Defined 48.11.100 Definitions 48.29.010 Energy conservation payment obligation disclosure requirements 48.29.180 Escrow services 48.29.193 Exemptions from rate filing 48.19.010 Filings 48.29.140, 48.29.147 Guaranty fund amount of 48.29.030 deposit condition of 48.29.090 termination of 48.29.100 deposit requirement 48.29.020 execution upon 48.29.070 impairment 48.29.060 insurer doing business in two or more counties, guaranty fund requirements 48.29.040 termination, release of securities 48.29.110 Insurer doing business in more than one county, restrictions 48.29.040 Investments of funds by insurers 48.29.130 Ownership interest, return on 48.29.213 Premium rates 48.29.140, 48.29.143 Qualification of insurers, generally 48.29.020 Records 48.29.015 Scope of provisions 48.29.010 Special reserve fund 48.29.120 Taxation of 48.29.150 Tract index requirements 48.29.020 TITLES (See also ADVERSE POSSESSION; DEEDS; EJECTMENT AND QUIETING TITLE; REAL PROPERTY) Acquired after conveyance, vestment in conveyee 64.04.070 Assertion by state in tide lands Const. Art. 17 § 1 Chattel liens, delivery of chattel to owner, rights of third person acquiring title before lien notice 60.08.010 Conservation, preservation rights and interests held by public bodies 64.04.130 Conveyances, See CONVEYANCES County acquisition of title at tax sale, municipal local improvement assessments 35.49.150, 35.49.160 Examiner of titles, bond, compensation, oath 65.12.090 Execution of judgment, order, or decree, acquisition of title or right through, filing 65.12.550 Foreclosure of mortgage, lien, or charge, acquisition through, authority to register title, redemption 65.12.450 Heirs and devisees, title vests immediately 11.04.250, 11.04.290 Insurance of, See INSURANCE, subtitle Title insurers Judgment, order, or decree, acquisition of title on execution, filing 65.12.550 Jurisdiction of superior courts 2.08.010, Const. Art. 4 § 6 Partition proceedings, proof necessary 7.52.070 Real property, See REAL PROPERTY, subtitle Title to Solar easements authorized 64.04.140 definitions 64.04.150 interference with, remedies attorneys’ fees 64.04.170 damages 64.04.170 injunction 64.04.170 written agreement, requirement 64.04.160 State, disclaimer by to patented lands Const. Art. 17 § 2 Streets and alleys vacated by cities and towns, title rights of abutting owners 35.79.040 Unincorporated towns on United States land, acquisition of title by occupancy and improvement 58.28.510 TOBACCO (See also CIGARETTES) Business and occupation tax tobacco settlement authority exemption 82.04.311 Cigarette sales below cost prohibited Ch. 19.91 Licenses Ch. 82.24, Ch. 82.26 Minors, selling or giving 26.28.080 Minors’ access, restrictions age identification requirement 70.155.090 cigarette machines 70.155.030 cigarette wholesaler or retailer licensees prohibition sign posting requirements 70.155.020 cigarettes not in original unopened package, sale prohibited 70.155.040 coupons, in-person transaction in retail store required 70.155.070 definitions 70.155.010 delivery sale of cigarettes 70.155.105 liquor control board authority 70.155.110 penalties, sanctions, and actions against licensees 70.155.100 possession or purchase by minor, civil infraction 70.155.080 preemption of political subdivisions 70.155.130 National uniform tobacco settlement nonparticipating tobacco product manufacturers Ch. 70.157 Product manufacturers attorney general’s directory decision 70.158.070 certification, directory, violations 70.158.030 definitions 70.158.020 due dates 70.158.070 findings 70.158.010 nonresident, nonparticipating manufacturers 70.158.040 penalties, consumer protection act 70.158.060 reports, records 70.158.050 Sampling prohibited 70.155.050 School property, ban on use of tobacco products on 28A.210.310 Smoking, See SMOKING, subtitle Washington clean indoor air act Tax imposed Ch. 82.24, Ch. 82.26 Tobacco prevention and control account 43.79.480 Tobacco settlement account 43.79.480 Youth tobacco prevention account 70.155.120 TOBACCO SETTLEMENT AUTHORITY Administration 43.340.020 Appeal bonds 43.340.130 Bankruptcy 43.340.100 Bonds and investments 43.340.050, 43.340.060, 43.340.070 Definitions 43.340.010 Dissolution of authority 43.340.110 [RCW Index—page 743] TOLL BRIDGE AUTHORITY Limitation of liability 43.340.090 Powers and duties 43.340.030, 43.340.040 Purpose 43.340.005 Sale of rights 43.340.080 Tobacco securitization trust account 43.340.120 TOLL BRIDGE AUTHORITY (See TOLLS; TRANSPORTATION, DEPARTMENT OF) TOLL BRIDGES (See BRIDGES; PUGET SOUND FERRY AND TOLL BRIDGE SYSTEM) TOLLS Approval of tolls 47.56.031 Cities and towns, charge and collecting on drawbridges, authority for 35.74.050 Department of transportation department may construct and operate 47.56.070 sale of property authorized 47.56.254 Facilities approval of tolls 47.56.031 construction, operation, and maintenance 47.56.030 created after July 1, 2008 47.56.805, 47.56.810, 47.56.820, 47.56.830, 47.56.840, 47.56.850, 47.56.860 notification requirements 47.56.258 Ferries privately owned, fixing of tolls 36.53.080, 36.53.090 Irrigation districts, water delivery, other authorized services, levy for 87.03.445 Legality of, superior courts’ original jurisdiction to determine 2.08.010, Const. Art. 4 § 6 Legality of, supreme court, appellate jurisdiction of Const. Art. 4 § 4 Legality of, supreme court jurisdiction 2.04.010 Port district facilities, See PORT DISTRICTS, subtitle Toll facilities Public-private transportation initiatives Ch. 47.46 Superior court, original jurisdiction of 2.08.010, Const. Art. 4 § 6 Toll bridge authority granting of franchises on facilities authorized disposition of moneys received 47.56.257 sale of property execution, delivery of deed disposition of moneys received 47.56.257 sale of unneeded property to governmental entities, execution, delivery of deed disposition of moneys received 47.56.257 satisfaction of valid claims 47.56.243 Toll bridges, See BRIDGES, subtitle State toll bridges Toll collection account 47.56.167 Toll roads, See HIGHWAYS, subtitle Toll facilities Toll tunnels, See TUNNELS, subtitle Toll tunnels Transportation department credit permits for vehicular passage on 47.56.247, 47.56.248 granting of franchises on facilities authorized 47.56.256 liquidation of accounts upon lifting tolls 47.56.242 must be specifically sponsored by a city, town or county 47.56.075 sale of property execution, delivery of deed 47.56.255 TORRENS ACT Generally Ch. 65.12 TORT FEASOR Death of cause of action against does not abate 4.20.046 simultaneous or after death or injury liable for, cause of action survives 4.20.046 survival of cause of action against 4.20.046 Insurer of, medical services lien Ch. 60.44 [RCW Index—page 744] TORTS Animal facilities acts against agricultural or veterinary facilities liability for damages 4.24.575 acts against research and educational facilities liability for damages 4.24.570 injunctive relief to prevent harassment or occurrence of tort 4.24.580 Attorney fees 4.24.005 Breach of duty imposed by statute, ordinance, or rule negligence per se 5.40.050 Cities optional municipal code cities, claims against Ch. 35A.31 Comparative negligence effect of 4.22.005 fault, defined 4.22.015 Condominiums liability of unit owners’ associations and declarants 64.34.344 Contributory negligence effect of 4.22.005 fault, defined 4.22.015 Counties Ch. 36.45 Driving under the influence personal injury, wrongful death, contributory fault 5.40.060 Economic damages defined 4.56.250 Fault determination of percentage of fault among multiple parties 4.22.070 Felony personal injury or wrongful death 4.24.420 Foster parents, liability for care and supervision of foster children in actions commenced by foster children or their parents against foster parents 4.24.590 Insurance examinations, civil actions arising from the conduct of civil immunity and indemnification protections for commissioner, commissioner’s representatives, examiners, and good faith providers of information 48.03.075 Joint and several liability contribution enforcement of 4.22.050 right of 4.22.040 Jurisdiction, committing of tort submits out-ofstate person to state jurisdiction 4.28.185 Local government entities bond may not be required of local government entity for any purpose in any case 4.96.050 liability for tortious conduct of officers, employees, and volunteers 4.96.010 payment of damages and defense expenses in action against officer, employee, or volunteer 4.96.041 presentment and filing of claims, requirements 4.96.020 Municipal corporations Ch. 4.96 Noneconomic damages defined 4.56.250 Out-of-state residents or nonresidents, acts submitting persons to state jurisdiction 4.28.185 Personal injury damages 4.56.260 defense, contributory fault 5.40.060 defense, engaged in a felony 4.24.420 definitions 4.56.250 Political subdivisions Ch. 4.96 Product liability actions Ch. 7.72 Property damage damages 4.56.260 Public assistance recipient, tort action by 43.20B.070 Quasi municipal corporations Ch. 4.96 Settlement agreements, effect of 4.22.060 Spouse, domestic partner, minor child, negligence not imputed 4.22.020 State, tort actions against, See STATE, subtitle Actions against State of Washington Ch. 4.92 State patrol officers off-duty law enforcement employment immunity of state for liability, notice 4.92.175 Transportation, department of tort claims against department, report 43.10.101 Trustees, successors, liability 11.98.039 Wrongful death defense, contributory fault 5.40.060 defense, engaged in a felony 4.24.420 definitions 4.56.250 TOUR OPERATORS (See TRAVEL BUSINESS) TOURISM Commission, Washington tourism Ch. 43.336 Cultural arts, stadium and convention districts Ch. 67.38 Lodging tax tourism-related facilities Ch. 67.28 Port districts authorized 53.08.255 Scenic and recreational highways identification of tourist routes 47.39.090 Scenic byways, designation Ch. 47.39 Tourism promotion and development account 43.330.094 Tourism promotion areas administration, collection of lodging charge 35.101.090 charges, addition to special assessments 35.101.110 charges, legislative authority 35.101.130 charges, not a tax on sale of lodging 35.101.120 definitions 35.101.010 disestablishment, hearing and resolution 35.101.140 establishment, hearing 35.101.030 establishment, ordinance 35.101.080 establishment, petition 35.101.020 hearing, conduct and termination 35.101.070 hearing, notice 35.101.060 limitations on area included, interlocal agreements 35.101.040 local tourism promotion account 35.101.100 lodging charge, limitations 35.101.050, 35.101.055 Tourist promotion, cities and towns by 35.21.700 TOW TRUCK OPERATORS Abandoned vehicles abandoned vehicle report 46.55.100 disposition report 46.55.100 impoundment notice to owners 46.55.110 notice by tow truck operator to department 46.55.100 sale at auction notice to state patrol 46.55.100 Business location, posting and registration requirements 46.55.060 Business location, registration requirements 46.55.060 Business practices, required services 46.55.060 Cease and desist orders 46.55.210 Complaints against 46.55.170 Definitions 46.55.010 Drivers to have commercial drivers’ licenses 46.55.090 Fee schedule, billing, etc. 46.55.060 Fee schedule, filing requirements 46.55.063 Fees, calculation, itemized invoice 46.55.063 Hearings presiding officer 46.55.180 Impoundment auction of unredeemed vehicles 46.55.120, 46.55.130 compensation for private impounds 46.55.037 (2008 Ed.) TRADEMARKS AND TRADE NAMES immediate notice to law enforcement agency by tow truck operator 46.55.100 impound notice 46.55.100 law enforcement impound 46.55.075 lien 46.55.140 posting requirements 46.55.070 private person requests, procedure and liability 46.55.080 procedure 46.55.090 public official requests, procedure 46.55.080 redemption procedures 46.55.120 unauthorized vehicles notice to owners 46.55.110 Inspection 46.55.025 Insurance 46.55.025 Licenses grounds for not issuing 46.55.220 revocation, etc. 46.55.200 Penalties 46.55.200 Posting requirements regarding parked vehicles 46.55.070 Private impounds compensation 46.55.037 Prohibited business practices 46.55.035 penalty 46.55.020 Records, etc., available for inspection 46.55.160 Registration certificate application process 46.55.030 required, penalty 46.55.020 Rule-making authority 46.55.190 State patrol removal of vehicles from highway, use of towing operators 46.55.115 Storage security requirements 46.55.060 Tow trucks capacity fee in addition to and in lieu of additional fees 46.16.079 classification by capabilities 46.55.050 exempted from motor freight carrier laws 81.80.040 inspection prior to use 46.55.050 permit application 46.55.040 inspection of equipment and facilities required annually 46.55.040 red lights, required, use limitation 46.37.196 Towed vehicles riding in prohibited 46.61.625 Towing contracts with private property owners, requirements 46.55.063 Towing procedures, posting requirements 46.55.060 Unauthorized vehicles impoundment notice to owners 46.55.110 Vehicle transaction file to be maintained 46.55.150 TOWNS (See CITIES AND TOWNS, subtitle Towns) TOWNSHIPS Bankruptcy readjustment and release from debts Ch. 39.64 Counties may adopt township form of organization by majority vote Const. Art. 11 § 4 Fiscal matters bond issues appointment of fiscal agencies 43.80.110 certification of fiscal agencies by state finance committee 43.80.120 fiscal agents, duties 43.80.130 nonliability of treasurer for funds remitted to fiscal agencies for payment of bonds 43.80.150 unredeemed bonds, return of funds for by state fiscal agent 43.80.160 Indebtedness bankruptcy readjustment and relief from debts Ch. 39.64 Local affairs to be managed under general laws Const. Art. 11 § 4 Officers, generally Const. Art. 11 § 5 (2008 Ed.) election Const. Art. 11 § 5 Police regulations, power to enforce Const. Art. 11 § 11 Sanitary regulations, power to enforce Const. Art. 11 § 11 Taxing district relief act Ch. 39.64 Vacancy in office, how filled Const. Art. 11 § 6 TOWNSITES Incorporated towns on United States land adverse or conflicting claims, procedure 58.28.140 assessments 58.28.090 certificates or deeds as evidence 58.28.180 city council duties 58.28.010 deed to claimants 58.28.120 deficiency assessment 58.28.110 informalities of officers, effect 58.28.180 lands reserved for school or municipal purposes conveyance of 58.28.170 funds for public improvement 58.28.170 limitation of actions 58.28.120 mineral lands priority 58.28.130 right of claimants 58.28.130 monuments location and placement, requisites 58.28.060 markings 58.28.070 surveyor’s certificate on plat 58.28.070 notice of filing patent, duty of council 58.28.150 notice of possession affidavit of claimant 58.28.100 filing with clerk 58.28.100 plats, filing and recording 58.28.030, 58.28.080 proof requisite to deed delivery 58.28.200 sale of unoccupied lands disposition of proceeds 58.28.160 minimum price 58.28.160 survey and plat bids for 58.28.040 contents 58.28.050 filing 58.28.030 franchise continuation 58.28.040 land claimed by inhabitants 58.28.020 notice of 58.28.040 Unincorporated towns on United States land accounting and depositing money 58.28.460 adverse or conflicting claims procedure 58.28.350 proof of right 58.28.360 appellate review 58.28.490 assessments 58.28.300 center or business portion, limitation on platting of lots 58.28.240 certificates or deeds as evidence 58.28.420 claimant’s employment of attorneys 58.28.300 deed to claimants 58.28.330 deeds, delivery, proof required for 58.28.430 deficiency assessments 58.28.320 informalities of officers, effect 58.28.420 judges as trustees clerks duties 58.28.450 records filed with county clerk 58.28.470 succession of trust 58.28.500 lands reserved for school or public purposes conveyance of 58.28.400 funds for public improvements 58.28.410 limitation of actions 58.28.330 mineral lands, right of claimants 58.28.340 monuments location and placement, requisites 58.28.270 marking, surveyor’s certificate 58.28.280 surveyor’s certificate on plat 58.28.070 notice of filing patent 58.28.370 notice of possession, filing 58.28.310 petition to superior court judge contents 58.28.220 procedure 58.28.220 plats, filing and recording 58.28.080 platted lands, dedication to public use 58.28.440 powers of review, to whom granted 58.28.520 public utility franchises 58.28.250 records filed with county clerk 58.28.460 sale of unoccupied lands, minimum price 58.28.160 superior court judge to file claim 58.28.210 as trustee 58.28.480 survey and plat bids for 58.28.250 contents 58.28.060, 58.28.260 filing 58.28.240 filing and recording 58.28.290 marking of boundaries and monuments 58.28.230 notice of 58.28.250 public records 58.28.240 title to land, acquisition by occupancy and improvement 58.28.510 unoccupied land sale of 58.28.380 when deemed 58.28.350 Unoccupied land, when deemed 58.28.150 TOXICOLOGICAL LABORATORY, STATE (See STATE TOXICOLOGICAL LABORATORY) TRADE (See FAIR TRADE; MONOPOLIES; UNFAIR TRADE PRACTICES; UNIFORM TRADE SECRETS ACT) TRADE FAIRS (See FAIRS) TRADE SCHOOLS (See EMPLOYMENT AGENCIES; PROPRIETARY SCHOOLS) TRADE SECRETS Uniform trade secrets act Ch. 19.100 TRADE SHOWS Conventions and trade shows hotel-motel tax King county and Seattle Ch. 67.40 TRADE STIMULANTS (See PRIZES) TRADE ZONES Foreign application for permission to establish, operate and maintain 24.46.020 cities and towns 35.21.805 counties 36.01.125 cities and towns legislative finding and intent 35.21.800 legislative finding and intent 24.46.010 counties 36.01.120 port districts, operation 53.08.030 TRADEMARKS AND TRADE NAMES Alien person outside of United States, damages or relief for trademark use 19.77.170 Assignment of trademarks, fee 19.77.060 Beverage containers filing of name and marks 19.76.100 refilling by others for sale prohibited, presumption 19.76.110, 19.76.120 violations, penalties 19.76.130 Common law rights preservation, limits on acquisition 19.77.900 Counterfeiting or forging 19.77.140, 19.77.150 Famous marks injunctive relief for owners 19.77.160 Lights and devices for motor vehicles to bear trademark or name 46.37.310 Petroleum products, misrepresentation of trademark or trade name, penalty 9.16.080 Registration of trade names changes in registration 19.80.025 definitions 19.80.005 failure to file 19.80.040 fees, collection and deposit 19.80.075 generally Ch. 19.80 public records, exemption 19.80.065 [RCW Index—page 745] TRADING STAMPS required 19.80.010 rule adoption by department 19.80.045 Registration of trademarks actions relating to, service upon secretary of state 19.77.090 applications, contents and fees 19.77.030 assignment, fee 19.77.060 cancellation of registrations, grounds 19.77.080 classification of goods and services 19.77.115 definitions 19.77.010 duration, expiration, renewal, and fees 19.77.050 evidence, admissibility 19.77.040 fraudulent registration penalty 9.16.060 fraudulent registration, liability 19.77.130 imitation or counterfeiting of registered trademark 19.77.150 imitation or counterfeiting of trademark 19.77.140 issuance 19.77.040 prohibited trademarks 19.77.020 Reservation of trademark, application and fee 19.77.015 TRADING STAMPS County licenses Ch. 19.83 Regulation of stamps and premiums Ch. 19.84 Violations, penalty 19.83.050 TRAFFIC (See also MOTOR VEHICLES, subtitle Rules of the road) Alternate vehicle routes, cities and towns, pedestrian malls 35.71.040 Congestion transportation demand management findings 70.94.521 Habitual traffic offenders revocation of license, procedure 46.65.065 Limitations, cities and towns, pedestrian malls 35.71.030 Motor vehicles traffic citation or copies thereof, disposing of, enforcement 46.64.010 Public safety and education account to benefit traffic safety education 43.08.250 State patrol traffic safety education officers 43.43.550 Violations citation or copy of citation, disposal of, enforcement 46.64.010 juveniles, citation and record forwarded to director of licenses 13.50.200 TRAFFIC INFRACTIONS (See also MOTOR VEHICLES) Adjudication and enforcement procedures judges, court commissioners, training requirements 46.63.050 Arrest officer observing infraction, presence not required 10.31.100 Attempting, aiding, or abetting in commission of, punishable 46.64.048 Attorneys, right to counsel 46.63.080 Auto transportation companies 81.68.080 Automated cameras, traffic safety 46.63.170 Capitol grounds, traffic control, violations, jurisdiction 46.08.170 Costs award of costs and attorney fees prohibited, exception 46.63.151 parties’ responsibility for 46.63.151 Counties parks and recreation, violations 36.68.080 recreation districts, violation of rules 36.69.180 Court orders, civil nature 46.63.120 Deferred prosecution program Ch. 10.05 Dismissal for contribution or donation prohibited 46.63.105 Drivers’ licenses display or possession of canceled, revoked, or suspended license or identicard 46.20.338 [RCW Index—page 746] Emergency vehicle equipment requirements, violation of 46.37.188 Enforcement procedure attorney, representation, right to 46.63.080 hearings, rules 46.63.080 monetary penalty 46.63.110 notice of traffic infraction response, contesting 46.63.070 public attorneys’ appearance 46.63.080 Farm vehicles, licensing, violations 46.16.090 Filing fees 3.62.070 Hearings for procedure, appeals from 46.63.090 rules, adoption 46.63.080 Identicards display or possession of canceled, revoked, or suspended license or identicard 46.20.338 Inspection program prohibited acts 46.32.050 Jurisdiction district courts 46.63.040 municipal 46.63.040 Juveniles community restitution alternative 13.40.250 diversion agreement, limitation 13.40.250 monetary penalty, limitation 13.40.250 Law enforcement officers order to stop duty to obey 46.61.021 failure to obey, penalty 46.61.022 Legislative intent 46.63.010 Local courts, discretion 46.63.110 Lowering passenger vehicle below legal clearance 46.61.680 Mitigating circumstances, explanation, hearing, procedure 46.63.100 Mobile homes, special movement permit and decal, noncompliance, penalty 46.44.175 Monetary penalties 46.63.110 Monthly tonnage licenses, violations 46.16.135 Motor vehicles equipment requirements, enforcement procedures 46.37.010 license or permit requirements, violations 46.44.105 regrooved tire standards, violations 46.37.424 size, weight, and load limits, violations 46.44.105 Municipal court 35.20.090 hearing officers, authority 35.20.205 Notice of contents 46.63.060 determination is final unless contested 46.63.060 form 46.63.060 issuance authority, police, court 46.63.030 response to, contesting, hearing, failure to appear 46.63.070 Off-road and nonhighway vehicles violations 46.09.120, 46.09.190 Outdoor music festivals 70.108.130 Overloading licensed capacity 46.16.140 Penalties waiver, court authority 46.63.120 Presumption regarding stopped, standing, or parked vehicle 46.63.140 Process, issuance of courts of limited jurisdiction, statewide authority 46.63.130 Records, abstracts, availability, maintenance 46.52.100 Records of charges, disposition 46.52.101 Regrooved tire standards, violations 46.37.424 Rental vehicles 46.63.073 School or playground speed zones, penalty for infraction 46.61.440 Snowmobiles noise levels, excessive 46.10.090 operation, prohibitions 46.10.090 violations 46.10.190 Standing, stopping, parking monetary penalties license suspension without payment 46.63.110 Tires, standards, violations 46.37.423, 46.37.425 Tolls electronic collection, photo enforcement 46.63.160 evasion, presumption 46.63.075 Unattended vehicles notice 46.63.030 Violations declared as 46.64.050, 46.64.055 designation as infractions, exceptions 46.63.020 Youth court Ch. 3.72 TRAFFIC SAFETY COMMISSION Acceptance of federal funds, disbursement, duties of governor 43.59.020 Administration of traffic safety program, duty of governor 43.59.020 Bicycle and pedestrian safety program 43.59.150 Commission appointment, members, vacancies, terms 43.59.030 chairman 43.59.080 director, appointment, duties, salary, staff, etc. 43.59.060, 43.59.070 duty to assist governor in performance of governor’s duties 43.59.030 ex officio members 43.59.030 governor’s designee 43.59.030 meetings 43.59.050 powers and duties 43.59.040 travel expenses of members 43.59.050 Director appointment, salary 43.59.060 duties, staff, etc. 43.59.070 Driving while under the influence of intoxicating liquor or any drug information and education 43.59.140 Governor acceptance and disbursement of federal funds 43.59.020 duties as chairman of commission 43.59.080 responsibilities for administration of traffic safety program 43.59.010, 43.59.020 Head injury prevention driver information 43.70.420 Powers and duties 43.59.040 Purpose of chapter 43.59.010 Rules and regulations 43.59.070 Staff application of civil service law 43.59.070 TRAFFIC SCHOOLS (See also MOTOR VEHICLES, subtitle Traffic school) Failure to attend schools of city, town or county, penalty 46.83.060 TRAILER COURTS Hotel-motel tax rates Ch. 67.40 TRAILERS (See also MOTOR VEHICLES, subtitle Trailers) Defined, motor vehicle law 46.04.620 Licensing, See MOTOR VEHICLES, subtitle Licenses Mobile homes and trailers, safety, See MANUFACTURED HOMES, MOBILE HOMES, COMMERCIAL COACHES AND RECREATIONAL VEHICLES— SAFETY REQUIREMENTS Park trailer or park model trailer defined 46.04.622 Pole trailers, defined, motor vehicle law 46.04.414 Sale or transfer of, credit for unused fee 46.16.280 Semitrailer, defined, motor vehicle law 46.04.530 Trailer camps record of guests 19.48.020 tax for stadiums, convention centers, and arts facilities 67.28.180, 67.28.181 (2008 Ed.) TRANSPORTATION Travel trailer defined 46.04.623 TRAILS Cross-state trail 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130 Highways definitions 47.30.005 establishing of, factors to be considered 47.30.040 expenditures deemed to be for highway, road and street purposes 47.30.060 expenditures of available funds authorized 47.30.030 minimum amount 47.30.050 factors to be considered when establishing 47.30.040 incorporation into highway design 47.30.020 powers and duties of state transportation department 47.30.060 restrictions on use of paths and trails 47.30.060 severance or destruction, alternative or reconstruction 47.30.010 Recreation trails system Ch. 79A.35 TRAINING AND CAREER DEVELOPMENT PROGRAMS (See JOB SKILLS PROGRAM; STATE PERSONNEL RESOURCES BOARD, subtitle Training and career development programs) TRAINS (See RAILROADS) TRAMROADS County roads, franchises along 36.55.020 TRAMWAYS Port districts, acquisition and operation of facilities 53.08.020 TRANSACTION CARD Financial institution credit card applicable law 63.14.165 credit to account for returned goods, procedure 63.14.167 TRANSCRIPTS Certiorari proceedings, writ to command certification of 7.16.070 Change of reporters, notes of outgoing reporter may be transcribed 2.32.260 County commissioners proceedings, prima facie evidence, as 5.44.070 District court dockets of contents 4.64.110 Evidence, of use of in civil actions 2.32.250 Grand jury testimony, disclosure of, penalty 9.51.060 Judgment of district court entry in execution docket by clerk 4.64.120 indexing of by clerk 4.64.120 Judgments, of certified entry in execution docket by clerk 4.64.120 indexing of by clerk 4.64.120 Preparation of, exhibits available to reporter for 2.32.290 Reporters pro tempore 2.32.270 Return with writ of certiorari 7.16.060 Superior court proceedings certification of 2.32.240 costs, taxed as 2.32.240 fees 2.32.240 exceptions 2.32.240 filing 2.32.240 form 2.32.240 who may request 2.32.240 Testimony before grand jury, disclosure of, penalty 9.51.060 Venue change 4.12.100 TRANSFER (See also CONVEYANCES; SALES) Estate and transfer tax Ch. 83.100 (2008 Ed.) Minors, transfers to Ch. 11.114 Motor vehicles, sale or transfer of, failure to make assignment on certificate of ownership 46.12.101 procedure 46.12.101 purchaser’s or transferee’s failure to transfer certificates of ownership and license registration, fees 46.12.101 Residential real property seller’s disclosures, requirements Ch. 64.06 TRANSIENT ACCOMMODATIONS Armories may be used for 38.20.010 Definitions 70.62.210 Fire and safety rules, rulemaking authority of department of community, trade, and economic development 70.62.290 Hostels 79A.05.265, 79A.05.270, 79A.05.275, 79A.05.280 Hotels, See HOTELS License 70.62.220, 70.62.260, 70.62.270 Powers and duties of department of health 70.62.250 Purpose 70.62.200 Rules, board of health authority to adopt 70.62.240 Trailer camps, See TRAILERS Violations, penalty 70.62.280 TRANSITIONAL BILINGUAL INSTRUCTION PROGRAM (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Bilingual (transitional) instruction program) TRANSMISSION FACILITIES Attachments definitions 80.54.010 rates, terms, conditions application on facilities of other companies, exemption 80.54.050 determination, fixing, commission order 80.54.030 just and reasonable rate, criteria 80.54.040 regulation, authorized 80.54.020 uniformity of rates, required 80.54.070 Cities and towns gardening leases (pea patches) 35.92.370 TRANSPLANTS (See ANATOMICAL GIFTS) TRANSPORTATION Advanced environmental mitigation 47.12.330, 47.12.350 Air pollution control commute trip reduction employer program, review and penalties 70.94.534 plan for state agencies 70.94.551 requirements for counties and cities 70.94.527 requirements for employers 70.94.531 state leadership 70.94.547 commute trip reduction board membership and duties 70.94.537 technical assistance 70.94.541 use of funds 70.94.544 transportation demand management findings 70.94.521 Amtrak service improvement program 47.82.010 coordination of rail and common carriers 47.82.040 depot upgrading 47.82.020 extension of service activities 47.82.030 Bond issues 2003 transportation projects - nickel account 47.10.861, 47.10.862, 47.10.863, 47.10.864, 47.10.865, 47.10.866, 47.10.867, 47.10.868, 47.10.869, 47.10.870, 47.10.871, 47.10.872 highway improvements 47.10.843, 47.10.844, 47.10.845, 47.10.846, 47.10.847, 47.10.848 public-private transportation initiatives 47.10.834, 47.10.835, 47.10.836, 47.10.837, 47.10.838, 47.10.839, 47.10.841 selected projects and improvements—2005 act 47.10.873, 47.10.874, 47.10.875, 47.10.876, 47.10.877, 47.10.878 Cities and towns acquisition and operation of facilities 35.92.060 comprehensive six-year program preparation and adoption 35.77.010 College and university transportation demand management programs Ch. 28B.130 Common carriers discrimination to deny public accommodations because of race, color, or creed, penalty 9.91.010 Common carriers, See also COMMON CARRIERS Commuter rail service 81.104.120 Counties, comprehensive plans, elements of 36.70.350 Disabled persons special needs transportation services coordination Ch. 47.06B Environmental mitigation advanced mitigation authorization 47.12.330 site management 47.12.350 exchange agreements 47.12.370 Federal funds miscellaneous transportation programs account 47.04.220 reimbursable transportation expenditures, processing and accounting 47.04.210 Freight mobility strategic investment program and board Ch. 47.06A Funds and accounts legislative committees, study/analysis 43.88.125 High capacity transportation account 47.78.010 High capacity transportation systems bond retirement, pledge of revenues for 81.104.180 commuter rail service 81.104.120 definitions 81.104.015 financial responsibility, requirements 81.104.130 funding car rental sales and use tax 81.104.160 dedicated funding sources 81.104.140 employer tax 81.104.150 motor vehicle excise tax, surcharge on 81.104.160 sales and use tax, additional tax for 81.104.170 tax collection, contract for 81.104.190 funding of planning projects department of transportation responsibilities 81.104.090 participation in within central Puget Sound region 81.104.040 outside central Puget Sound region 81.104.030 voter approval requirements 81.104.030 planning expert review panel 81.104.110 independent system plan oversight procedures 81.104.110 process 81.104.100 planning and implementation state role 81.104.060 policy development within central Puget Sound region 81.104.040 outside central Puget Sound region 81.104.030 state role 81.104.020 purpose 81.104.010 rail fixed guideway systems safety program plan and security and emergency preparedness 81.112.180 signage, requirements for 81.112.190 [RCW Index—page 747] TRANSPORTATION, DEPARTMENT OF regional transit authorities definitions 81.112.020 formation, procedure 81.112.030, 81.112.040 regional transportation planning 81.104.080 service district boundaries, expansion of 81.104.050 statewide planning Ch. 47.06 system implementation responsibility of agencies providing service 81.104.070 High occupancy vehicle systems car rental sales and use tax county surcharge on 81.100.060 definitions 81.100.020 employer tax 81.100.030 funds, use of 81.100.080 goals, adoption by counties 81.100.040 high occupancy vehicle account 81.100.070 interlocal agreements 81.100.090 motor vehicle excise tax county surcharge on 81.100.060 purpose 81.100.010 survey of tax use 81.100.050 urban public transportation systems, defined as 81.100.100 High-speed ground transportation program funding sources 47.79.030 goals 47.79.020 implementation 47.79.020 King Street station 47.79.110, 47.79.120, 47.79.130, 47.79.140, 47.79.150 legislative declaration 47.79.010 prioritized projects 47.79.030 rail passenger plan 47.79.040 Innovative partnerships Ch. 47.29 Innovative partnerships, See also TRANSPORTATION INNOVATIVE PARTNERSHIPS Insurance for, See INSURANCE, subtitle Marine and transportation insurance Intergovernmental cooperation, authorities of cities, towns or counties, limitation 39.34.085 Latecomer fees 47.04.260 Liens, See LIENS, subtitle Transportation, storage, and advancements Limousine and for hire vehicles, regulation Ch. 46.72A Multimodal transportation account 46.68.135 statewide planning Ch. 47.06 Multimodal transportation programs accounts high-occupancy toll lanes operations 47.66.090 multimodal transportation 47.66.070 criteria for selection 47.66.040 grant programs examination 47.66.080 local matching funds 47.66.040 regional mobility grants 47.66.030 Municipal corporations acquisition of systems, pension plans, continuance 54.04.160 Nickel account (transportation 2003 account) 46.68.280 Planning statewide transportation planning Ch. 47.06 Public-private transportation initiatives alteration not new proposal 47.46.150 applicable rules and statutes 47.46.160, 47.46.170 bond issues 47.10.834, 47.10.835, 47.10.836, 47.10.837, 47.10.838, 47.10.839, 47.10.841 bonds, use of 47.46.070, 47.46.130 confidentiality of user information 47.04.240 definition 47.46.020 demonstration projects agreements, terms 47.46.040 financial arrangements 47.46.050 selection and public involvement 47.46.030 legislative finding 47.46.010 legislative oversight committee 47.46.180 [RCW Index—page 748] state route 16 corridor improvements, tax deferral 47.46.060 Tacoma Narrows bridge citizen advisory committee 47.46.091 toll, term 47.46.110 tolls, citizen advisory committee 47.46.090 tolls, collection 47.46.105 tolls, increase 47.46.120 tolls, repayment of motor vehicle fund 47.46.140 tolls, setting 47.46.100 tolls, state facilities 47.46.080 Rail passenger plan 47.79.040 Railroads, See RAILROADS Regional transit authorities boundaries 81.112.050 elections 81.112.050 fare payment civil infractions 81.112.220 prosecution for theft, trespass, or other charges 81.112.230 violations, enforcement and penalties 81.112.210 high capacity transportation systems definitions 81.112.020 formation, procedure 81.112.030, 81.112.040 interim financing 81.112.170 powers 81.112.060 property, sale and leaseback 81.112.300, 81.112.310, 81.112.320, 81.112.330 rail fixed guideway systems safety program plan and security and emergency preparedness 81.112.180 signage, requirements for 81.112.190 Regional transportation statewide transportation planning Ch. 47.06 Regional transportation authorities sale/leaseback agreement property, tax exemption 84.36.605 Regional transportation investment districts Ch. 36.120 Regional transportation planning organizations allocation of funds 47.80.050 authorization, organizational requirements 47.80.020 comprehensive plans, guidelines, and principles 47.80.026 duties 47.80.023 executive board membership 47.80.060 legislative findings and declaration 47.80.010 majority vote on state matters 47.80.080 plan contents, review, and use 47.80.030 state facilities and local plans, relationship 47.80.011 transportation department duties 47.80.070 transportation policy boards 47.80.040 Sabotage, interference or injury to transportation constitutes 9.05.060 Schools, See SCHOOLS AND SCHOOL DISTRICTS, subtitle Transportation Special needs transportation services coordination Ch. 47.06B Statewide transportation planning aviation plan 47.06.060 bicycle transportation and pedestrian walkways plan 47.06.100 department of transportation role 47.06.020 facilities, state-owned facilities component 47.06.050 facilities and services, standards 47.06.140 freight mobility plan 47.06.045 freight rail plan 47.06.080 high capacity transportation, role of department of transportation 47.06.120 intercity passenger rail plan 47.06.090 legislative findings 47.06.010 marine ports and navigation plan 47.06.070 multimodal transportation plan 47.06.040, 47.06.043 policy goals, intent 47.04.280 public transportation plan 47.06.110 regional transportation, role of department of transportation 47.06.120 studies, cost benefit analysis 47.06.130 Street railways, extension beyond city limits 35.84.060 Tire chain installation permits to install 47.04.270 Transportation centers acquisition, method of, prescribed 81.75.020 authorization to own and operate 81.75.010 consolidation of activities 81.75.020 grants, federal, application and receipt of permitted 81.75.020 operation, method of, prescribed 81.75.020 purpose 81.75.010 services available 81.75.030 severability 81.75.900 terms of usage 81.75.030 usage, terms of 81.75.030 Urban public transportation system, extension beyond city limits 35.84.060 Washington clean air act commute trip reduction definitions 70.94.524 Western regional short haul air transportation compact Ch. 81.96 TRANSPORTATION, DEPARTMENT OF Abatement of certain structures, signs or devices on city streets, county roads or state highways as public nuisances, duties relating to 47.36.180 Abating as public nuisance signs erected or maintained contrary to highway advertising control act of 1961, department duties relating to 47.42.080 Acquisition and disposition of highway property, commission powers and duties relating to Ch. 47.12 Actions against state for damages to facilities located on highways measure of damages 47.44.150 Adopt-a-highway program 47.40.100 local programs 47.40.105 Advance right of way revolving fund creation, moneys to be deposited in fund 47.12.244 deposit of funds received from lease of unused highway lands 47.12.125 expenditures from fund, authority to make 47.12.244 reimbursements to fund when required 47.12.246 Advanced environmental mitigation 47.12.330, 47.12.350 Advisory councils appointment 47.01.091 expenses 47.01.091 Aerial search and rescue, responsibility 47.68.380 Aeronautic laws, violation of exchange of data and reports with federal government and other states 47.68.330 Aeronautics director, prior assignment delegable 47.01.070 legislation, draft and recommendation of 47.68.080 offices 47.68.060 orders, hearing, review 47.68.320 penalties for violations 47.68.240 powers, generally 47.68.070 Aeronautics commissioners prior assignments delegable 47.01.070 Air pollution control transportation activities conformity criteria 70.94.037 Aircraft accidents, investigation of hearings, joint hearings 47.68.290 western regional short haul air transportation compact Ch. 81.96 Aircraft license fees (2008 Ed.) TRANSPORTATION, DEPARTMENT OF deposit 47.68.250 Airports acquisition and disposal of airports and air navigation facilities 47.68.100 aviation planning council 47.68.410 capacity and facilities assessment 47.68.390 capacity and facilities market analysis 47.68.400 contracts, authorized by 47.68.180 eminent domain exercise of powers is public and governmental purpose 47.68.200 powers 47.68.100, 47.68.120 exclusive grants prohibited 47.68.190 federal funds, acceptance of authorized 47.68.160 lease of airports by 47.68.140 lien for state’s charges as to airport equipment when airport leased 47.68.150 municipalities cooperation between state and municipalities 47.68.300 subdivision plats near department to receive notice 58.17.080 Alaskan Way viaduct, Seattle Seawall, state route 520 improvements, requirements 47.01.380, 47.01.390, 47.01.400, 47.01.405, 47.01.406, 47.01.408, 47.01.410, 47.01.412, 47.01.415, 47.01.417 Allocation of funds for highways, under sole charge of 47.08.010 Amtrak service improvement program 47.82.010 coordination of rail and common carriers 47.82.040 depot upgrading 47.82.020 extension of service activities 47.82.030 Annual per capita vehicle miles, reduction 47.01.440 Apprenticeship, opportunities 49.04.141 Approach roads or other appurtenances on highway rights of way, permits to build and maintain, department powers and duties relating to Ch. 47.32 Arterial highways designated by 46.61.195 Assaults by motorists on department employees 47.04.250 Bicycle transportation management program departmental duties 47.04.190 state bicycle program manager duties 47.04.200 position established 47.04.190 Bond issues, county assistance 36.76.140 Bond issues, See BOND ISSUES; HIGHWAYS; TRANSPORTATION Bonds of predecessor agencies, continuation of obligation 47.04.150 Branch offices 43.17.050 Bridges Lewis and Clark bridge, designation of 47.04.160 local bridges remaining responsibility of department of transportation enumerated 47.17.960 Bridges or ferries, authority may purchase 47.56.050 Budget for expenditures 47.26.440 Budget proposal 47.01.061 Buildings and facilities for department appropriation 47.02.110 approval of plans required 47.02.010 authorized 47.02.010 bond issue amount 47.02.020 denominations 47.02.050 highway bond retirement fund payment of bonds from 47.02.090 transfers to from motor vehicle fund 47.02.090 issuance and sale 47.02.020 legal investment for state funds 47.02.050 maturity 47.02.030 (2008 Ed.) motor vehicle fuel excise taxes pledged to pay 47.02.070, 47.02.080 motor vehicle fund appropriation from 47.02.110 proceeds deposited in 47.02.060 transfers to highway bond retirement fund 47.02.090 negotiability 47.02.040 not general obligation of state 47.02.070 prior redemption, excess amounts in highway bond retirement fund to be used for 47.02.100 proceeds of issue, deposit and use 47.02.060 registration of bonds 47.02.040 sale, manner and terms 47.02.050 signatures 47.02.040 terms and conditions 47.02.030 bond issues district 1 headquarters equal charges against revenue sources 47.02.190 issuance and sale 47.02.120 pledge of excise taxes 47.02.160 proceeds, deposit and use 47.02.150 repayment procedures 47.02.170 state finance committee duties 47.02.140 statement of general obligation 47.02.160 use of proceeds 47.02.130 Camas Slough closure 88.28.055 Canal commissioners prior assignments delegable 47.01.070 City or town streets aid by commission in construction, repair or maintenance of 47.24.050 fund, department may investigate illegal use of and proceed to correct 47.08.100 improvements, commission may maintain to agreed standards and be reimbursed therefor 47.08.090 as part of state highway system, department powers and duties relating to Ch. 47.24 Civil service exempt positions 41.06.079 Classification of highways, powers and duties relating to Ch. 47.04 Construction and maintenance of highways, duties relating to Ch. 47.28 Contempt to violate court order prohibiting operation of aircraft 47.68.240 Continuation of state services to department 47.01.131 Contracts minority and women contractors 47.28.030 Cooperation with other governments and agencies, commission empowered to join financially or otherwise 47.04.080 Coordination with other transportation related state agencies 47.01.250 County road fund, department may investigate illegal use of and proceed to correct 47.08.100 County road improvement funds, department to approve resolution for 47.08.080 County-owned ferries, federal financial aid, approval of tolls and charges 47.04.140 Created 43.17.010, 47.01.031 Definitions commission 47.01.021 department 47.01.021 references to "highway" terms deemed to mean department of transportation 47.04.015 secretary 47.01.021 Department assistant and deputy secretaries appointment 47.01.081 exempt from civil service law 47.01.081 salaries 47.01.081 ferry systems management exempt from civil service law 47.01.081 organizational structure divisions 47.01.081 policy goals, duties 47.01.078 Design-build projects 47.20.780, 47.20.785 Director energy facility site evaluation council, membership 80.50.030 oath 43.17.030 powers and duties 43.17.030 Directors’, commissioners’ prior assignments, assignments delegated 47.01.070 Donations of right of way for transportation improvements advertising signs on donated parcels 47.14.040 credit against benefit district assessment 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 Employees state civil service law exempt positions 41.06.079 Environmental mitigation advanced environmental mitigation revolving account 47.12.340 advanced mitigation authorization 47.12.330 Environmental review of transportation projects 47.01.290, 47.01.300 Federal acts, commission to act for state with respect to 47.04.060 Federal agencies, agreements with public transportation and rail transportation funds 47.04.170 Federal funds miscellaneous transportation programs account 47.04.220 reimbursable transportation expenditures, processing and accounting 47.04.210 Federal requirements, compliance with 47.98.070 Ferries collective bargaining and arbitration Ch. 47.64 county owned, receiving federal financial aid, approval of tolls and charges 47.04.140 management, certain positions civil service exempt 47.01.081 marine employees’ commission created, power and authority 47.64.280 party operating ferry, ferry system by rent, lease or charter bound by chapter 47.64 RCW 47.64.090 passenger-only grant program 47.01.350 Vashon and Seattle 47.01.360 strikes, work stoppages, and lockouts prohibited 47.64.140 Ferry vessels, acquisition under urban mass transportation act of 1964, duties Ch. 47.61 Fish passage barriers removal program 77.95.180 Flaggers safety standards 49.17.350 Franchises on state highways granting of, renewal procedure 47.44.020 notices of application for 47.44.010 permits for short distance facilities, department powers and duties relating to 47.44.050 Freight mobility strategic investment program and board Ch. 47.06A Freight rail services essential rail assistance account 47.76.250 federal rail policies, monitoring duties 47.76.350 planning and technical assistance duties 47.76.230 state rail freight program 47.76.210 Funds advanced environmental mitigation revolving account 47.12.340 advanced mitigation site management 47.12.350 Hazardous structures at airports, marking of may be required 47.68.340 [RCW Index—page 749] TRANSPORTATION, DEPARTMENT OF Heavy haul industrial corridors overweight sealed containers and vehicles 46.44.0915 High capacity transportation systems funding of planning projects departmental responsibilities 81.104.090 planning expert review panel 81.104.110 independent system plan oversight procedures 81.104.110 planning and implementation role in 81.104.060 policy development expansion of role, duties 81.104.020 statewide planning Ch. 47.06 High occupancy vehicle systems survey of tax use 81.100.050 High-speed ground transportation King Street station 47.79.110, 47.79.120, 47.79.130, 47.79.140, 47.79.150 High-speed ground transportation program funding sources 47.79.030 goals 47.79.020 implementation 47.79.020 legislative declaration 47.79.010 prioritized projects 47.79.030 rail passenger facilities 47.79.050, 47.79.060, 47.79.070 rail passenger plan 47.79.040 Highway access management program access control classification system department to develop, adopt, and maintain 47.50.090 access permits conditions may be imposed on permit 47.50.070 existing connections, when permit not required 47.50.080 fees 47.50.050 modification or revocation of permit 47.50.080 nonconforming access permit, conditions justifying 47.50.080 permit review process 47.50.060 required to make connection to highway 47.50.040 connections to state highway system regulation of 47.50.030 definitions 47.50.020 legislative findings and policy 47.50.010 Highway and branches route signs and designations authority of department to establish 47.36.095 filing with secretary of state 47.36.097 Highway commissioners prior assignments delegable 47.01.070 Highway infrastructure account 46.68.240 "Highway" references to be considered as "transportation" 47.04.015 Highways acquisition of property for navigable waters and harbors railroad track relocation 47.12.026 proceedings, precedence 47.12.044 state lands compensation, determination of 47.12.023 procedure 47.12.023 acquisition of property of navigable waters and harbors easements for highways and ferry terminals 47.12.026 classification, periodic review and revision 47.05.021 construction, bidders’ qualifying financial information, confidential 47.28.075 construction or improvement bids withdrawal process 47.28.080 emergency closures by state patrol 47.48.031 franchises, notice of application, publication duties 47.44.010 personal property, sale or lease of [RCW Index—page 750] proceeds placed in motor vehicle fund 47.12.066 to whom 47.12.066 public lands uses for which acquisition is prohibited 47.12.029 rest areas, disposal systems recreational vehicle, additional fee 46.16.063 roadside advertising signs, authorized 47.42.055 sanitary disposal systems, rest areas RV account 46.68.170 specialized equipment, interstate travel by size and weight criteria 46.44.101 state limited access facility through city, town, or county, board of review to review plan, secretary of transportation to appoint certain members of 47.52.150 streets as state highways, speed, parking and traffic control devices 47.24.020 surplus real property program 47.12.063 Housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 I-90 completion bond issue—1979 act administration and amount of bond sales 47.10.791 appropriation, expenditure limitation 47.10.799 charge against fuel tax revenues 47.10.798 excess funds, early retirement, authorized 47.10.796 excise taxes, pledge of 47.10.793 general obligation, declaration 47.10.793 issuance authorized, amount, limitations 47.10.790 legal investment for public funds 47.10.797 motor vehicle fund, priority of payment from 47.10.794 proceeds, deposit, use 47.10.792 repayment procedure 47.10.795 severability 47.10.800 Improvements necessitated by planned economic development procedures 43.160.074 Improvements to existing state highway necessitated by economic growth application process 47.01.280 Indian tribes airports aid to 47.68.090 contracts with, authorized 47.68.090 federal aid 47.68.090 Integrated pest management Ch. 17.15 Interstate highways, category A, category C improvements—1981 act bond proceeds, deposit, use 47.10.803 excess funds, use 47.10.807 general obligation statement, excise tax pledge 47.10.804 issuance authorized, amounts, limitations 47.10.801 legal investment for public funds 47.10.808 repayment funds, designation 47.10.805 repayment procedures, bond retirement fund 47.10.806 sales procedure, amounts, limitations 47.10.802 severability 47.10.811 subject and subsequent bonds equal charges against pledged fuel tax revenues 47.10.809 Investigations and hearings aircraft accidents 47.68.280 Latecomer fees 47.04.260 Legislative declaration of purpose—1977 act 47.01.011 Liberal construction—1977 act 47.98.090 Limited access facilities, department powers and duties relating to Ch. 47.52 Limited access highways 46.61.160 Long-range needs studies coordination with urban arterial board 47.01.240 nonurban needs data to be supplied 47.01.240 Manette bridge authorized 47.20.570 Marine vessel construction, maintenance, or repair contracts security, alternate forms authorized in lieu of contractor’s bond 39.08.100 Milwaukee road corridor cross-state trail 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130 Minority and women’s business enterprises construction and maintenance 47.28.050 contracts 47.28.030 contracts, bonds, deposits 47.28.090 Miscellaneous transportation programs account 47.04.220 Mobile home, special movement permit and decal 46.44.170 Motor vehicle dealers or manufacturers, notice of bankruptcy proceedings, required 46.70.183 Motor vehicle fund counties distribution of formula for 46.68.122, 46.68.124 generally 46.68.120 distribution to cities, towns, and counties department duties 46.68.110 Puyallup tribal settlement account 46.68.210 Mt. St. Helens dredge spoils revenues used for recreational purposes 47.04.230, 47.04.235 Multimodal transportation statewide planning Ch. 47.06 Multimodal transportation programs accounts high-occupancy toll lanes operations 47.66.090 multimodal transportation 47.66.070 criteria for selection 47.66.040 grant programs examination 47.66.080 local matching funds 47.66.040 regional mobility grants 47.66.030 Municipalities airports aid to 47.68.090 contracts with authorized 47.68.090 federal aid 47.68.090 Naming and renaming facilities 47.01.420 Navigation canals canal, defined 47.72.060 powers and duties 47.72.050 purpose 47.72.010 successor to canal commission 47.72.050 Obstructions on highway right of way, department powers and duties relating to the removal thereof Ch. 47.32 Offices maintained at state capital 43.17.050 On-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative declaration 43.81.010 Operation of airports, contracting or leasing facilities authorized 47.68.130 Park and ride lots regulations governing 46.61.577 Parking facilities use and control of 46.61.577 Pavement marking standards for arterials in urbanized areas duty to adopt 47.36.280 Pest control integrated pest management Ch. 17.15 Planning statewide transportation planning Ch. 47.06 Port districts toll facilities, contracts for money, services and materials 53.34.180 Powers and duties contract provisions 47.01.260 contracting without bid or bond, when 47.01.210 (2008 Ed.) TRANSPORTATION, DEPARTMENT OF highways, bridges, and structures, construction, maintenance 47.01.260 Predecessor agencies bonds, continuation of obligation 47.04.150 Priority programming system ten year plans contents and objectives 47.05.030 demand modeling tools 47.05.035 Projects environmental review 47.01.290, 47.01.300 Public transportation department authorized to secure federal funds via agreements 47.04.170 Public transportation systems annual report on system development, duties 35.58.2796 Public works projects, commission may expend highway funds to cooperate in 47.08.070 Public-private transportation initiatives confidentiality of user information 47.04.240 Public-private transportation initiatives program Ch. 47.46 Puget Sound ferry system, department powers and duties relating to Ch. 47.60 Purchase of bridges or ferries by toll bridge authority, commission powers and duties relating to 47.56.050 Radioactive or hazardous cargo, placarded transportation of duties relating to 47.01.270 Rail freight service produce railcar pool definition 47.76.410 department authority 47.76.420 findings and intent 47.76.400 funding 47.76.430 management 47.76.440 produce railcar pool account 47.76.450 Rail freight services eminent domain, exemptions 47.76.330 legislative findings 47.76.200 rent or lease of lands 47.76.310 sale of property at public auction 47.76.320 sale or lease of property for other use, conditions 47.76.290 sale or lease of property for rail service use 47.76.280 state rail plan 47.76.220 transfer of property to governmental entities 47.76.300 Rail passenger plan 47.79.040 Rail passengers, intercity service facilities 47.79.050, 47.79.060, 47.79.070 Rail services preservation program 47.76.240 Rail transportation department authorized to secure federal funds via agreements 47.04.170 Real property exchange of, procedure, conveyance 47.12.287 sale of, procedure 47.56.254 proceeds 47.12.283 Records, informalities, effect 36.75.100 Recreational trails systems, participation in 79A.35.120 Recreational vehicle sanitary disposal systems, designation 47.38.050 Regional transportation statewide planning Ch. 47.06 Regional transportation planning organizations duties of department 47.80.070 Reports violations of aeronautic laws, report to federal agencies or other states 47.68.330 Reports to governor and legislature operational activities 47.01.141 recommendations for future operations 47.01.141 summary of proposed construction 47.01.141 Ride sharing grant program 70.94.996 Right of entry 47.01.170 (2008 Ed.) Right of way donations for transportation improvements advertising signs on donated parcels 47.14.040 credit against district assessment 47.14.030 definitions 47.14.020 department duties 47.14.050 intent 47.14.010 Roads defined highway purposes 47.04.020 Roadside improvement and beautification, department powers and duties relating to Ch. 47.40 Rules and regulations 43.17.060 rest areas, adoption of 47.38.010 standards concerning aeronautics 47.68.210 Rural arterial program coordination with county projects 36.79.100 responsibilities 36.79.070 RV account, motor vehicle fund sanitary disposal systems, rest areas 46.68.170 Salmon recovery and habitat restoration, duties Ch. 77.85 Scenic and recreational highways development 47.39.030 Scenic byways, designation Ch. 47.39 Seattle-Tacoma-Everett facility, commission powers and duties relating to Ch. 47.10 Secretary advisory councils appointment 47.01.091 expenses 47.01.091 aircraft dealers licensing, duties 14.20.020, 14.20.030, 14.20.040, 14.20.050, 14.20.060, 14.20.070, 14.20.080, 14.20.090, 14.20.100 appointment of 43.17.020, 47.01.041 authority 47.01.101 certification of abandonment 36.75.090 chief assistant secretary 43.17.040 conveyance to county roads, procedure 36.75.090 duties 47.01.101 removal 47.01.041 reports, annual, county highway operations 36.75.260 salary 47.01.041 speed limits auto stages, notice, effective date 46.61.405, 46.61.410 highways, increases 46.61.410 increase of 46.61.410 lowering of maximums 46.61.405 speed restrictions, decreases by 46.61.405 state aid engineer, state design standards committee 35.78.020 traffic safety commission, member of 43.59.030 vacancy 43.17.040 Severability—1977 act 47.98.080 Severance and sale of timber and other personalty from highway lands, disposition of proceeds 47.12.140 Skills bank, transportation professionals 47.01.321 Special needs transportation services coordination Ch. 47.06B State airways system 47.68.170 State boundary toll bridges, authority may enter into agreements for feasibility study of 47.56.042 State route 520, Alaskan Way viaduct, Seattle Seawall improvements, requirements 47.01.380, 47.01.390, 47.01.400, 47.01.405, 47.01.406, 47.01.408, 47.01.410, 47.01.412, 47.01.415, 47.01.417 Statewide transportation planning 47.06.010 annual per capita vehicle miles, reduction 47.01.440 aviation plan 47.06.060 bicycle transportation and pedestrian walkways plan 47.06.100 department role 47.06.020 facilities, state-owned facilities component 47.06.050 facilities and services, standards 47.06.140 freight mobility plan 47.06.045 freight rail plan 47.06.080 high capacity transportation, role of department 47.06.120 intercity passenger rail plan 47.06.090 marine ports and navigation plan 47.06.070 multimodal transportation plan 47.06.040, 47.06.043 policy goals, intent 47.04.280 public transportation plan 47.06.110 regional transportation, role of department 47.06.120 studies, cost benefit analysis 47.06.130 Storm water treatment facilities highway construction projects, planning 90.03.540 Street projects construction or improvements, prerequisite to property development alternative financing methods 35.72.050 Streets as state highway, speed, parking and traffic control devices subject to approval of department of transportation 47.24.020 Subpoenas, power to issue 47.68.280 Surplus property inventory of real property suitable for affordable housing 47.12.064 surplus real property program 47.12.063 Tacoma Narrows bridge as part of primary state highway, department duties relating to 47.56.270 Tire chain installation permits to install 47.04.270 Toll bridges authority 47.01.070, 47.56.785 construction and financing procedure 47.56.140 credit permits for vehicular traffic on authorized 47.56.247 cash deposit bond requirement 47.56.248 employees subject to civil service 47.64.290 granting of franchises on authorized 47.56.256 improvement of existing bridge and construction of new bridge as single project, department powers and duties relating to Ch. 47.58 Interstate 90 floating bridge toll, federal authorization 47.56.790 liquidation of accounts 47.56.256 permits, leases and licenses to governmental entities to use facilities authorized 47.56.253 sale of property execution, delivery of deed 47.56.255 transfer of surplus sums 47.56.242 Toll facilities authority may construct and operate limitation on when toll road 47.56.075 bridges payment of construction costs 47.56.120 right of way, acquisition of publicly owned property, compensation 47.56.100 right of way acquisition, authorized 47.56.090 created after July 1, 2008 47.56.805, 47.56.810, 47.56.820, 47.56.830, 47.56.840, 47.56.850, 47.56.860 local government contributions 47.56.250 powers and duties of department Ch. 47.56 public agencies providing services 53.34.180 tunnels construction, operation 47.56.070 Toll roads authority grant of concessions on limited 47.56.077 [RCW Index—page 751] TRANSPORTATION BENEFIT AREAS department of transportation to approve plans and specifications for 47.56.070 Tort claims against department attorney general’s report 43.10.101 Traffic control devices railroad-highway grade crossings, commission may erect 47.36.080 Trails and paths, duties concerning 47.30.060 Transfer of powers, duties, functions aeronautics commission 47.01.031 board of pilotage commissioners 47.01.031 canal commission 47.01.031 department of highways 47.01.031 director of aeronautics 47.01.031 director of highways 47.01.031 highway commission 47.01.031 planning and community affairs agency 47.01.031 toll bridge authority 47.01.031 Transfers of airport facilities from federal government to the state, establishment of required accounts or administrative procedures authorized 47.68.185 Transit mobility, office of establishment 47.01.330 local and regional transportation goals, review 47.01.340 Transportation commission budget proposal 47.01.061 composition 47.01.051 consultants, state officials designated as 47.01.250 created 47.01.051 functions, powers, duties 47.01.071 meetings 47.01.061 members appointment 47.01.051 compensation 47.01.061 expenses 47.01.061 terms 47.01.051 municipal transportation feasibility study, duties 35.58.2712 policy development 47.01.075 procedure 47.01.061 toll facilities, powers and duties Ch. 47.56 Transportation equipment fund created 47.08.120 Tribal highway cooperative agreement 47.20.710, 47.20.715, 47.20.720, 47.20.725, 47.20.730, 47.20.735 Twenty-four hour headlight policy on state highways at request of city or county 47.04.180 United States survey markers, department to aid in restoration of 47.36.010 University of Washington campus approach highway, powers and duties relating to 47.20.590, 47.20.600, 47.20.605, 47.20.610, 47.20.620, 47.20.630, 47.20.635 Urban public transportation systems declaration of public policy 47.04.083 definition 47.04.082 highway funds may be expended for 47.08.070 participation in 47.04.081 Vehicles with movable tracks, department to issue permits for movement 46.37.420 Veterans, wounded combat veterans internship program 47.01.430 Washington fruit express account 47.01.310 Washington State University stadium highway, powers and duties relating to 47.20.580, 47.20.600, 47.20.605, 47.20.610, 47.20.620, 47.20.630 Zoning authority unaffected by 47.68.110 TRANSPORTATION BENEFIT AREAS (See PUBLIC TRANSPORTATION SYSTEMS, subtitle Public transportation benefit areas) TRANSPORTATION BENEFIT DISTRICTS Authority to establish, cities 35.21.225 [RCW Index—page 752] Bond retirement 36.73.060 Bonds 36.73.070, 36.73.080, 36.73.090, 36.73.100 Definitions 36.73.015 Eminent domain 36.73.130 Establishment, county or city 36.73.020 Fees on land development 36.73.120 Funding authority 36.73.150 Gifts and grants 36.73.110 Hearing to establish, modify, or dissolve 36.73.050 Improvement projects completion, termination of operations 36.73.170 material change policy 36.73.160 Improvements, ownership of 36.73.020 Intent 36.73.010 Local improvement district formation authorized 36.73.080 Local sales and use tax 82.14.0455 Powers 36.73.040 Property tax levy authority 36.73.060 Street and highway improvements contract authority 36.73.140 reimbursement contracts 36.73.140 Vehicle tolls 47.56.078 Voter approval required taxes, fees, charges, tolls 36.73.065 TRANSPORTATION COMMISSION (See TRANSPORTATION, DEPARTMENT OF, subtitle Transportation commission) TRANSPORTATION COMPANIES (See also PUBLIC UTILITIES; UTILITIES AND TRANSPORTATION COMMISSION) Accidents investigations and examinations by commission 81.04.460 notice to commission 81.04.460 Accounts access of commission to 81.04.090 depreciation and retirement accounts 81.04.350 forms 81.04.090 inspection by commission authorized 81.04.070 merchandise accounts to be kept separate 81.04.270 out-of-state records and accounts, power of commission to require production of 81.04.100 Actions conclusiveness of orders and rules in actions between private parties and public service companies 81.04.410 findings of commission prima facie correct 81.04.430 intervention by commission where rule or order involved, notice to commission, judgment void if not notified 81.04.420 limitations upon damages 81.04.235 overcharges 81.04.235 summary proceedings in superior court appeals to supreme court or court of appeals 81.04.260 attorney general, duties 81.04.260 injunction 81.04.260 joinder of parties 81.04.260 mandamus 81.04.260 when deemed to accrue 81.04.236 Actions to recover penalties, disposition of penalties to state general fund 81.04.400 Affiliated interests contracts or arrangements with continuing control of commission 81.16.050 filing requirements 81.16.020 definitions 81.16.010 filing requirements 81.16.020 payments to continuing control of commission 81.16.050 court review of orders 81.16.090 disallowed 81.16.070 enforcement of orders as to by superior court 81.16.080 nonapproved 81.16.060 proof of reasonableness, what constitutes 81.16.040 reasonableness must be proved 81.16.030 summary orders as to nonapproved or disallowed payments 81.16.060, 81.16.070 Alcohol and controlled substance testing program 81.04.530 Apparel, purchase of as condition of employment prohibited, penalty 81.40.060 Appeals to supreme court or court of appeals court action on overcharges 81.04.240 Appellate review of superior court judgments 81.04.260 Appraisal costs of assessed to public service companies 81.20.020 collection 81.20.030 disposition to public service revolving fund 81.20.020 interest on unpaid cost assessment 81.20.030 limitation upon 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, conclusiveness of commission’s determination of necessity 81.20.040 order of commission not subject to review 81.20.050 Auto transportation companies accidents investigation by commission, procedure 81.28.290 notice to commission 81.28.280 authority of commission to regulate 81.68.030 certificate of convenience and necessity assignment, permission of commission required 81.68.040 fees 81.24.020 filing 81.68.050 issuance, powers of commission 81.68.040 issuance when area already served 81.68.040 required 81.68.040 sale of, permission of commission required 81.68.040 suspension, amendment or revocation, power of commission 81.68.030 temporary certificates 81.68.046 terms and conditions upon issuance 81.68.040 transfer of, permission of commission required 81.68.040 collisions investigation by commission, procedure 81.28.290 notice to commission 81.28.280 compliance with chapter required 81.68.020 definitions 81.68.010 federal authority and registration 81.68.100 filing fees 81.68.050 insurance requirements 81.68.060, 81.68.065 penalty for violations 81.68.080 regulation by commission 81.68.030 scope of chapter 81.68.090 self-insurers 81.68.065 surety bond requirements 81.68.060, 81.68.065 wrecks investigation by commission, procedure 81.28.290 notice to commission 81.28.280 Automobile transporters, maximum height for 46.44.020 Budgets of expenditures authority of commission to regulate and control 81.04.300 emergency expenditures 81.04.330 examinations by commission 81.04.310 filing of 81.04.300 (2008 Ed.) TRANSPORTATION COMPANIES investigation by commission 81.04.310 objection or rejection by commission 81.04.310 orders of commission as to 81.04.310 publication by commission, withholding of 81.04.320 rejected items, effect 81.04.330 rules and regulations of commission as to 81.04.320 supplementary budgets 81.04.300 Bulk foods intrastate transportation 69.04.950, 69.04.955, 69.04.960, 69.04.965, 69.04.970, 69.04.975, 69.04.980 Business conducted without approval, procedure by commission 81.04.510 Canals eminent domain authority 81.36.010 county roads, against, relocating expenses 81.36.010 highways, against, relocating expenses 81.36.010 power of 81.36.010 school lands, against 81.36.010 shorelands, against 81.36.010 state granted lands, against 81.36.010 tidelands, against 81.36.010 university lands, against 81.36.010 right of entry, authority 81.36.020 Commission to regulate may be established Const. Art. 12 § 18 Common carriers accidents investigation by commission, procedure 81.28.290 notice to commission 81.28.280 actions against rates and charges, collection of overcharges, time limitation on action 81.28.270 rebates, discounts and refunds, action to collect treble damages 81.28.220 recovery of delivering or issuing carrier against other carrier 81.29.030 advances for freight, transportation, etc., See LIENS, subtitle Transportation, storage, and advancements baggage liability 81.29.020 limitations upon amounts recoverable 81.29.050 bills of lading delivery of goods without taking or canceling bill of lading 22.32.050 falsifications to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 fictitious, penalty 22.32.020 recovery of delivering or issuing carrier against other carrier 81.29.030 bills of lading, See also BILLS OF LADING bomb threats 9.61.160 collisions investigation by commission, procedure 81.28.290 notice to commission 81.28.280 crimes relating to, liability provisions, penalty for violations 81.29.040 damages falsification or fraud to obtain transportation at rates less than established 81.28.220 rebating or discounting 81.28.220 defined 81.04.010 discounting prohibited, treble damages 81.28.210, 81.28.220 discrimination prohibited 81.28.180 duplicate receipts, not marking as 22.32.040 equipment and facilities adequate and safe required 81.28.010 improvement in, commission may order 81.28.240, 81.44.010 (2008 Ed.) unsafe or defective, correction, reduction in speed or suspension of trains may be ordered 81.44.020 falsification or fraud assisting or obtaining transportation rates at less than established, treble damages 81.28.210, 81.28.220 damage payments 81.28.210 shipment of property prohibited to be transported, use of false representation to obtain, treble damages 81.28.210, 81.28.220 filings contracts or agreements with other common carriers 81.28.060 rates and charges changes 81.28.050 contracts or agreements with other common carriers 81.28.060 joint rates 81.28.040 schedule 81.28.040 fraudulent tampering with goods 22.32.030 freight brokers requirements for conducting business 81.80.430 freight forwarders requirements for conducting business 81.80.430 household goods, carriage of estimate of charges, penalty when actual charges exceed estimate by more than allowed margin 81.80.132 industrial insurance 51.12.090 insurance, blanket disability, See INSURANCE, subtitle Group disability insurance legislative control, subject to Const. Art. 12 § 13 liability baggage limitations upon amounts recoverable 81.29.050 bills of lading recovery of delivering or issuing carrier against other carrier 81.29.030 which carrier liable, how determined 81.29.030 claims 81.29.020 criminal penalty for violations 81.29.040 definition of common carrier 81.29.010 receipts recovery of delivering or issuing carrier against other carrier 81.29.030 recovery of delivering or issuing carrier against other carrier 81.29.030 routing of freight violations 81.28.030 loading and unloading, prompt service required 81.28.020 promptness in receiving and transporting required 81.28.020 purchase or condemnation of, metropolitan municipal corporations 35.58.250 rates and charges action to collect treble damages for rebates, discounts, refunds, etc., limitation upon, penalties to public service revolving fund 81.28.220 authority of commission to fix 81.28.230 changes filing 81.28.050 notice required 81.28.050 publication 81.28.050 contracts or agreements with other common carriers, filing 81.28.060 determination of rates of carriers by commission, hearing, considerations 81.04.250 discrimination prohibited 81.28.180, Const. Art. 12 § 15 falsifications in assisting or obtaining transportation rates at less than established, treble damages 81.28.210, 81.28.220 free passes grant of to state officers prohibited Const. Art. 12 § 20 public officers forbidden to accept Const. Art. 2 § 39 interstate investigation by commission 81.28.250 joint rates filing 81.28.040 schedule 81.28.040 limitation of action for collection of 81.28.270 longer haul at less than shorter haul prohibited, exception 81.28.200 published rates to be charged, exceptions 81.28.080 falsifications to assist or obtain transportation at rates less than, treble damages 81.28.210, 81.28.220 reasonableness 81.28.010 schedules contents and requirements 81.28.040 filing 81.28.040 form 81.28.040 inspection 81.28.040 joint rates 81.28.040 notices 81.28.040 public inspection 81.28.040 unreasonable preferences prohibited 81.28.190 rebating prohibited, treble damages 81.28.210, 81.28.220 receipts delivery of goods without taking or canceling receipt 22.32.050 duplicate receipts, not marking as 22.32.040 falsifications to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 fictitious, penalty 22.32.020 recovery of delivering or issuing carrier against other carrier 81.29.030 refusing to issue, penalty 22.32.010 routing of freight damages 81.28.030 duty as to promptness 81.28.030 rules and regulations, reasonableness 81.28.010 services authority of commission to order improvement in 81.28.240 reasonableness 81.28.010 subject to legislative control Const. Art. 12 § 13 unreasonable preferences prohibited 81.28.190 weight falsifications to assist or obtain transportation at rates less than established, treble damages 81.28.210, 81.28.220 wrecks investigation by commission, procedure 81.28.290 notice to commission 81.28.280 Commutation tickets, carrier may grant at special rates Const. Art. 12 § 15 Complaints 81.04.110, 81.04.235 Construction, release or waiver of rights, penalties, or forfeitures, title not construed as 81.04.470 Contracts, breach of, boats and vessels 60.36.060 Controlled substance and alcohol testing program 81.04.530 Copies of orders, rules and regulations, etc. admissibility in evidence 81.04.450 fees for 81.04.450 publication 81.04.450 Corporation, defined 81.04.010 Crimes relating to, See TRANSPORTATION COMPANIES, subtitle Violations Damages, liability of public service companies to persons or corporations affected by violation of law, order, or rule 81.04.440 [RCW Index—page 753] TRANSPORTATION COMPANIES Definitions 81.04.010 Disabled and elderly persons, transportation services Ch. 81.66 Discrimination prohibited, penalty 81.80.230 Earnings in excess of reasonable return, consideration in fixing rates 81.04.360 Elderly and disabled persons, transportation services Ch. 81.66 Employees, shelters must be provided, penalty 81.40.080 Evidence, copies of orders, rules and regulations, admissibility in evidence 81.04.450 Examinations accidents by commission 81.04.460 budgets of expenditures by commission 81.04.310 officers and employees of public service companies 81.04.070 Excursion and commutation tickets may be issued Const. Art. 12 § 15 Excursion service companies application of chapter restricted 81.68.015 certificate to operate 81.70.360 Express companies defined 81.04.010 railroads to grant transportation equally to all Const. Art. 12 § 21 Fees delinquent payments 81.24.075 gross operating revenue based amount of fees 81.24.010 decrease of for certain companies 81.24.010 disposition to public service revolving fund 81.24.070 failure to pay, penalty 81.24.080 fees to approximate regulation costs 81.24.050 fines and penalties for failure to pay deposited in public service revolving fund 81.24.080 records of costs, fees based upon 81.24.060 statement as to, filing 81.24.010 Fees, fines, penalties, forfeitures, state law violations, justice courts, remittance of 81.24.080 Ferries, commercial defined 81.04.010 fees 81.24.030 gross operating revenue statement, filing of 81.24.030 Filings affiliating interests, filing of contract or arrangement with commission 81.16.020 budgets of expenditures 81.04.300 gross operating revenue statement 81.24.010 Franchises disposal without authorization void 81.12.030 transfer without authorization prohibited 81.12.020 Freight brokers requirements for conducting business 81.80.430 Freight forwarders requirements for conducting business 81.80.430 Garbage and refuse collection companies, See GARBAGE AND REFUSE COLLECTION COMPANIES Hearings 81.04.110 findings of commission 81.04.120 increase of rates and charges, burden of proof 81.04.130 order of commission 81.04.120 record of proceedings 81.04.120 service of order 81.04.120 transcript of testimony 81.04.120 Intervention by commission where rule or order involved, judgment void if not notified 81.04.420 Investigation companies, costs of assessed to public service companies 81.20.020 Investigations accidents by commission 81.04.460 [RCW Index—page 754] budgets of expenditures by commission 81.04.310 cost of interest on unpaid cost assessment 81.20.030 costs of collection 81.20.030 disposition to public service revolving fund 81.20.020 limitation upon 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, conclusiveness of commission’s determination of necessity 81.20.040 order of commission not subject to review 81.20.050 Labor liens company laborer, lien on company franchise, earnings, property Ch. 60.32 Labor liens, See also LIENS, subtitle Franchises, earnings, property of certain companies, laborers’ lien on Legal messengers exempt from motor freight carrier law 81.80.040 Lights or signals tampering with prohibited, penalty 88.08.020 Limitations of action against damages 81.04.235 overcharges 81.04.235 Motor freight carriers abandonment of operation, notification to commission and return of identification cab cards 81.80.270 accidents investigation by commission, procedure 81.28.290 notice to commission 81.28.280 acquisition of control over carrier without permission of commission void 81.80.270 classification or grouping of carriers authority of commission as to 81.80.120 operation in more than one class prohibited 81.80.260 regulatory powers of commission 81.80.130, 81.80.140 collisions investigation by commission, procedure 81.28.290 notice to commission 81.28.280 combination of services, segregation of transportation service 81.80.060 combinations to control carrier void without permission of commission 81.80.270 common carriers classification of 81.80.120 regulatory powers of commission over 81.80.130 compliance with chapter required 81.80.050 consignee subrogation of carrier to rights of 81.80.250 surety bond to protect, subrogation rights of carrier 81.80.250 contract carriers classification of 81.80.120 regulatory powers of commission over 81.80.140 control acquisition over carrier without permission of commission void 81.80.270 controlled substance and alcohol testing 46.32.100 crimes relating to rebating or discrimination as to tariffs 81.80.230 seeking to acquire or divest control of permit while party to a transaction involving permit holder 81.80.270 unlawful advertising by nonpermit holders or exempt carriers 81.80.355 declaration of policy 81.80.020 definitions 81.80.010 deposits of security requirements 81.80.190, 81.80.200 employees, hours of labor 81.80.211 enforcement of chapter 81.80.330 exempt vehicles 81.80.010, 81.80.040 advertising violations 81.80.355 defined 81.80.010 motor vehicle transporters’ licensing 46.76.010 transportation for compensation by prohibited 81.80.260 farm vehicles exempted from laws regulating 81.80.040 federal authority and registration 81.77.200, 81.80.371 fees payments 81.80.321 fees imposed under chapter contest of, procedure to seek refund 81.80.115 refund petitions, rule-making authority regarding the handling of 81.80.115 hours of labor of employees 81.80.211 identification plates ceasing of operations or abandonment, return of identification plates required 81.80.270 insurance requirements 81.80.190, 81.80.200 liability insurance, governed exclusively by chapter 81.80 RCW 81.80.195 interstate and foreign commerce application of chapter to 81.80.370 interurban transportation vehicles exempted from laws regulating 81.80.040 legal messengers exempt from motor freight carrier law 81.80.040 marking requirements 81.80.305 exempt vehicles 81.80.305 nonprofit consolidated shipping associations, exempt from regulation 81.80.045 penalties for violations general statute invoked 81.80.360 permits alteration or amendment by commission, grounds, procedure 81.80.280 application contents 81.80.080 filing fees 81.80.090 form 81.80.090 hearings held in operating area 81.80.345 renewal limitations 81.80.110 assignment 81.80.270 cancellation by commission, grounds, procedure 81.80.280 ceasing of operations or abandonment of permit, return of identification plates 81.80.270 contents 81.80.100 deposit of security as condition of granting 81.80.200 filing 81.80.070 form 81.80.100 insurance as condition of granting 81.80.200 qualifications 81.80.070 revocability 81.80.270 temporary 81.80.170 terms and conditions may be attached to 81.80.200 transfer of 81.80.270 policy declaration 81.80.020 private carrier, defined 81.80.010 rates and charges approval of filed rates 81.80.130, 81.80.140 combination of services, segregation of transportation service 81.80.060 filed rates must be charged 81.80.220 limitation of action for collection of 81.28.270 rebating or discrimination prohibited, penalty 81.80.230 refunding prohibited 81.80.220 regulatory powers of commission as to 81.80.130, 81.80.140 rebating prohibited, penalty 81.80.230 recyclable materials collection and transportation 81.80.470 regulatory fees (2008 Ed.) TRANSPORTATION COMPANIES payments 81.80.321 rules and regulations authority of commission to prescribe 81.80.290 copy mailed to permittees 81.80.290 powers of commission to make 81.80.130, 81.80.140 security deposit requirements 81.80.190, 81.80.200 segregation of transportation services where combination of services 81.80.060 service, limiting service to profitable trips prohibited 81.80.220 shippers subrogation of carrier to rights of 81.80.250 surety bond to protect, subrogation rights of carrier 81.80.250 stock acquisition to control carrier void without permission of commission 81.80.270 subrogation rights of carrier 81.80.250 surety bond to protect shippers and consignees, subrogation rights of carrier 81.80.250 tariffs amendments to 81.80.150 compilation of 81.80.150 contents of 81.80.150 filed rates must be charged 81.80.220 filing of 81.80.150 limiting service to profitable trips prohibited 81.80.220 publication 81.80.150 rebating or discrimination prohibited, penalty 81.80.230 revisions of 81.80.150 sale of 81.80.150 scope of 81.80.150 taxation allocation of gross receipts 35.21.840 formula for 35.21.845 limitation, exceptions 35.21.850 towing vehicles exempted 81.80.040 transactions involving permit holder, unlawful to seek to acquire or divest control of permit at same time 81.80.270 transfer of decedent’s interest, temporary continuance of operations 81.80.272 transfer of on dissolution of partnership 81.80.270, 81.80.272 urban transportation vehicles exempted 81.80.040 water carrying vehicles exempted 81.80.040 wreckers exempted 81.80.040 wrecks investigation by commission, procedure 81.28.290 notice to commission 81.28.280 Moving companies advertisements, contents 81.80.357 Notices accidents, notice to commission 81.04.460 Oil and gas pipeline companies Ch. 81.88 pipeline safety fee 81.24.090 Operations conducted without approval, procedure by commission 81.04.510 Orders admissibility in evidence 81.04.450 conclusiveness in actions between private parties and public service companies 81.04.410 copies, fees for 81.04.450 findings of commission prima facie correct 81.04.430 following hearing 81.04.120 effective date 81.04.120 extension of time 81.04.120 service of 81.04.120 intervention by commission where rule or order involved, notice to commission, judgment void if not notified 81.04.420 joint action, apportionment of costs 81.04.140 (2008 Ed.) liability of public service companies to persons or corporations affected by violations of order 81.04.440 public service company complaining against another public service company, power of commission to make order to correct abuse if any 81.04.110 publication 81.04.450 suspension of rate or charge changes 81.04.130 violation of orders, rules or requirements of commission, penalty 81.04.380, 81.04.385 Passenger charter carriers business affected with public interest 81.70.010 cancellation, suspension, revocation of certificate 81.70.250, 81.70.260 certificate required 81.70.220, 81.70.230 commission duties, scope, authority 81.70.270 definitions 81.70.020 exclusions 81.70.030 federal authority and registration 81.70.370 fees 81.70.320 insurance or bond required 81.70.280 interstate foreign carriers 81.70.340 purpose 81.70.010 regulatory fee, annual 81.70.350 self-insurers 81.70.290 transfer, etc. of certificate restricted 81.70.240 unlawful operation with invalid certificate or registration 81.70.260 vehicle identification 81.70.330 Passes not to be granted public officers Const. Art. 12 § 20 Penalties, cumulative fees 81.04.470 Person, defined 81.04.010 Persons with special transportation needs, services Ch. 81.66 Pipeline transporters, See TRANSPORTATION COMPANIES, subtitle Gas and oil pipeline transporters Property transfers or sales, See TRANSPORTATION COMPANIES, subtitle Transfers of property Public service companies accidents investigations and examinations by commission 81.04.460 notice to commission 81.04.460 accounts depreciation and retirement accounts 81.04.350 inspection by commission authorized 81.04.070 merchandise accounts to be kept separate 81.04.270 actions conclusiveness of order or rule in actions between private parties and public service companies 81.04.410 findings of commission prima facie correct 81.04.430 intervention by commission where rule or order involved, notice to commission, judgment void if not notified 81.04.420 affiliated interests contracts or arrangements with approval considerations continuing control of commission 81.16.050 definitions 81.16.010 filing required 81.16.020 filing requirements 81.16.020 nonapproved 81.16.060 payments to continuing control of commission 81.16.050 court review of orders 81.16.090 disallowed 81.16.070 enforcement of orders as to by superior court 81.16.080 proof of reasonableness, what constitutes 81.16.040 reasonableness must be proved 81.16.030 summary orders as to nonapproved or disallowed payments 81.16.060, 81.16.070 appraisal costs of assessed to public service companies 81.20.020 collection 81.20.030 disposition to public service revolving fund 81.20.020 interest on unpaid cost assessment 81.20.030 limitation upon 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, conclusiveness of commission’s determination of necessity 81.20.040 order of commission not subject to review 81.20.050 budgets of expenditures authority of commission to regulate and control 81.04.300 emergency expenditures 81.04.330 examinations by commission 81.04.310 filing of 81.04.300 investigations by commission 81.04.310 objection or rejection by commission 81.04.310 orders of commission as to 81.04.310 publication by commission, withholding of 81.04.320 rejected items, effect 81.04.330 rules and regulations of commission as to 81.04.320 supplementary budgets 81.04.300 complaints 81.04.110 damages, liability of public service companies to persons or corporations affected by violations of law, order, or rule 81.04.440 defined 81.04.010, 81.16.010 as to affiliated interests 81.16.010 investigations 81.20.010 issuance of stocks and securities 81.08.010 securities regulations 81.08.010 transfers of property 81.12.010 earnings in excess of reasonable return, consideration in fixing rates 81.04.360 examinations, officers and employees 81.04.070 fees delinquent payments 81.24.075 gross operating revenue based amount of fees 81.24.010 decrease of for certain companies 81.24.010 disposition to public service revolving fund 81.24.070 failure to pay, penalty 81.24.080 fees to approximate regulation costs 81.24.050 fines and penalties for failure to pay, deposited in public service revolving fund 81.24.080 records of costs fees based upon 81.24.060 statement as to, filing 81.24.010 filing gross operating revenue statement 81.24.010 franchises disposal without authorization void 81.12.030 transfer without authorization prohibited 81.12.020 hearings 81.04.110 investigations costs of assessed to public service companies 81.20.020 collection 81.20.030 [RCW Index—page 755] TRANSPORTATION COMPANIES disposition to public service revolving fund 81.20.020 interest on unpaid cost assessment 81.20.030 limitation upon 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, conclusiveness of commission’s determination of necessity 81.20.040 order of commission not subject to review 81.20.050 orders conclusiveness in actions between private parties and public service companies 81.04.410 findings of commission prima facie correct 81.04.430 intervention by commission where rule or order involved in action, notice to commission, judgment void if not notified 81.04.420 public service company complaining against another public service company, power of commission to make order to correct abuse if any 81.04.110 rates and charges determination of rates of carriers by commission, hearing, considerations 81.04.250 earnings in excess of reasonable return, consideration in fixing rates 81.04.360 filing of 81.04.130 hearing upon 81.04.130 increase of, burden of proof 81.04.130 merchandising capital or expenses not to be considered in determining 81.04.270 overcharges action upon court procedure 81.04.240 when deemed to accrue 81.04.236 limitation of actions for 81.04.235 refund of 81.04.230 reparations 81.04.220 payments to affiliated interests not to be allowed in determining if nonapproved or disallowed 81.16.060, 81.16.070 sufficiently remunerative, consent required before any change in 81.04.150 suspension until hearing 81.04.130 valuation of public service company property for purposes of ascertaining 81.04.250 records and documents access of commission to 81.04.090 forms 81.04.090 inspection by commission authorized 81.04.070 out-of-state records and accounts, power of commission to require production of 81.04.100 reports annual to commission 81.04.080 filing 81.04.080 period of report 81.04.080 monthly, periodical or special 81.04.080 securities acquisition of securities of other public services companies void without authorization 81.12.040 assumption of liability for securities of other companies 81.08.130 authority of commission to regulate 81.08.020 capitalization of franchises or merger contracts prohibited 81.08.080 control over by state 81.08.020 evidence of indebtedness does not include chattel mortgages and conditional sales contracts 81.08.012 issuance 81.08.040 authority 81.08.030 [RCW Index—page 756] purposes for which authorized 81.08.030 proceeds from issue accounting for disposition 81.08.090 state not obligated 81.08.140 unauthorized or nonconforming issues, penalties 81.08.100 utilities and transportation commission authority 81.08.150 violations, penalty 81.08.110, 81.08.120 stock customers, sale to 81.04.290 employees purchase or sale of stock in other corporations deduction from salary of payments for prohibited 81.04.280 requiring prohibited 81.04.280 during working hours prohibited 81.04.280 sale to 81.04.290 transfers of property acquisition of property of other public service companies 81.12.040 capital stocks and bonds of other public service companies, acquisition void without authorization 81.12.040 disposal without authorization void 81.12.030 franchises disposal without authorization void 81.12.030 transfer without authorization prohibited 81.12.020 prohibited without authorization of commission 81.12.020 public service company, defined for purposes of 81.12.010 rules and regulations of commission as to 81.12.050 violations, penalty 81.12.060 valuation costs of assessed to public service companies 81.20.020 collection 81.20.030 disposition to public service revolving fund 81.20.020 interest on unpaid cost assessment 81.20.030 limitation upon 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, conclusiveness of commission’s determination of necessity 81.20.040 order of commission not subject to review 81.20.050 violations of orders, rules or requirements of commission, penalty 81.04.380, 81.04.385 Radioactive or hazardous materials liability requirements commission to notify state control agency of coverage change 81.80.190 Railroad company, defined 81.04.010 Railroads accidents investigation by commission, procedure 81.28.290 notice to commission 81.28.280 baggage limitations upon amounts recoverable 81.29.050 branch lines 81.36.060, 81.36.090 bridges over navigable streams, authority to construct 81.36.100 cabooses drinking water 81.44.085 first aid kits 81.44.085 canals, crossing or along, authority 81.36.040 cars equipment and appliances shipper providing, reimbursement 81.44.120 firearms, discharging at train or car 81.60.070 injury or tampering with 81.60.070 cattle guards 81.52.050 collisions investigation by commission, procedure 81.28.290 notice to commission 81.28.280 crimes relating to cars, interfering or tampering with 81.60.070 employees, violation of duty endangering life or safety 81.48.060 firearms, discharging at train or car 81.60.070 first aid kits, penalty for not providing 81.44.085 industrial crossings, reporting and inspection, violations 81.54.030 interfering with any part of rolling stock 81.60.080 malicious injury to railroad property 81.60.070 obstructing train or car, penalty 81.48.020 receiving stolen property taken from railroad 81.60.080 removing any part of rolling stock 81.60.080 roadbed, interfering or tampering with 81.60.070 stealing any part of rolling stock 81.60.080 switches, interfering or tampering with 81.60.070 trains, interfering or tampering with 81.60.070 trestles, interfering or tampering with 81.60.070 crossings abatement of illegal crossings 81.53.190 alteration or change of crossing costs 81.53.130 employment of engineers, etc., expenses of 81.53.250 hearing 81.53.060 notice of hearing 81.53.060 petition for hearing 81.53.060 waiver of hearing 81.53.060 authority from commission required for grade crossing 81.53.020 canals, procedure 81.36.030 costs acquisition of property for crossings 81.53.130 alteration or change of crossing 81.53.130 apportionment 81.53.130 arbitration 81.53.130 railroad across highway, cost paid by railroad 81.53.100, 81.53.130 railroad across railroad, apportionment of cost between companies 81.53.120 definitions 81.53.010 eminent domain, exercise of in relation to 81.53.180 grade crossing, defined 81.53.010 grade separation required 81.53.020 hearing for alteration of crossings 81.53.060 highway, defined 81.53.010 highway across railroad change of highway route 81.53.040, 81.53.050 cost apportionment 81.53.110 hearings 81.53.030, 81.53.040 order of commission 81.53.030 petition for 81.53.030 illegal crossings, abatement of 81.53.190 industrial crossings definitions 81.54.010 inspection 81.54.020 reporting and inspection, penalty for violations 81.54.030 reporting and inspection costs 81.54.030 reporting and inspection fees 81.54.030 reports to commission 81.54.030 (2008 Ed.) TRANSPORTATION COMPANIES injunction against construction of illegal crossings 81.53.190 judicial review 81.53.170 maintenance costs, duties and requirements 81.53.090 mandamus to compel performance of work 81.53.200 obstruction on highways during construction, permitted 81.53.220 over-crossing, defined 81.53.010 penalty for failure to comply with laws or orders of commission 81.53.210 performance of work mandamus to compel 81.53.200 time limitations and extensions 81.53.140 petition for alteration of crossing 81.53.060 petition for crossing filing 81.53.030 hearings 81.53.030, 81.53.040 order of commission 81.53.030 required 81.53.030 railroad, defined 81.53.010 railroad across highway cost paid by railroad 81.53.100, 81.53.130 hearing 81.53.030 order of commission 81.53.030 petition for 81.53.030 railroad across railroad cost, apportionment between companies 81.53.120 hearing 81.53.030 order of commission 81.53.030 petition for 81.53.030 railroad company, defined 81.53.010 railroads of other companies, procedure 81.36.030 rules and regulations of commission as to 81.53.150 service of process and notices 81.53.160 signals and devices installation allocation of funds to cities and towns or counties to defray costs of 81.53.281 hearing upon, apportionment of costs 81.53.261 investigation 81.53.261 notice of hearing 81.53.261 sawbuck signs 81.53.030 stop at crossing with other railroads required, exceptions 81.48.050 structures or equipment near crossings, restrictions 81.53.080 traffic control devices during construction, repair, etc. of required 81.53.400 rules 81.53.420 standards and conditions 81.53.410 under-crossing, defined 81.53.010 waiver of hearing for, alteration of crossings 81.53.060 defined 81.04.010 eminent domain authority 81.36.010 county roads, against, relocating expenses 81.36.010 highways, against, relocating expenses 81.36.010 power of 81.36.010 railroad crossings, exercise of in relation to 81.53.180 school lands, against 81.36.010 shorelands, against 81.36.010 state granted lands, against 81.36.010 tidelands, against 81.36.010 university lands, against 81.36.010 employees apparel, purchase of as condition of employment prohibited, penalty 81.40.060 crew requirements 81.40.010 crew size, safety review 81.40.010 duty, violation of endangering life or safety, penalty 81.48.060 (2008 Ed.) flagman must be able to read and write English 81.40.110 medical examinations and records definitions 81.40.130 requiring employee or applicant to pay cost of prohibited, penalty 81.40.130 sanitation and shelter rules and regulations as to 81.40.095 train crew, limitation on state regulatory agency interfering with 81.40.035 uniforms, purchase of as condition of employment prohibited, penalty 81.40.060 engineers violation of duty endangering life or safety, penalty 81.48.060 equipment and facilities defective condemnation 81.44.070 improvement in, commission may order 81.44.010 inspections and reports as to 81.44.070 switches and guard rails, adjustment so persons will not be caught in 81.44.130 unsafe or defective, correction, reduction in speed or suspension of trains may be ordered 81.44.020 extensions 81.36.060, 81.36.090 fences cattle guards 81.52.050 duty to construct and maintain 81.52.050 filings branch lines 81.36.060 extension of lines 81.36.060 flagmen must be able to read and write English 81.40.110 grade changes 81.36.050 guard rails, adjusting so feet won’t be caught in 81.44.130 intersections canals, procedure 81.36.030 railroads of other companies, procedure 81.36.030 irrigation canals and ditches, authority to construct 81.36.130 irrigation company securities, authority to own 81.36.120 liability, railroad policemen, unlawful acts of 81.60.060 livestock cattle guards 81.52.050 fences 81.52.050 liability for injury to 81.52.060 prima facie negligence if inadequate fence or cattle guard 81.52.070 livestock, cruelty in transit 81.48.070 location of 81.36.050 locomotives first aid kits, penalty for violation 81.44.085 obstructing train or car, penalty 81.48.020 out-of-state railroad companies, extension of lines into state 81.36.090 overpass traffic control devices during construction, repair, etc. of required 81.53.400 rules 81.53.420 standards and conditions 81.53.410 passenger-carrying vehicle defined 81.61.010 minimum standards for safe maintenance and operation rules and orders, scope 81.61.020 rules and regulations adoption 81.61.030 enforceability 81.61.030 hearings, notice of 81.61.030 inspection authorized in enforcing 81.61.040 safe maintenance and operation, minimum standards rules and orders, scope 81.61.020 police appointment, application for by railroad companies 81.60.020 authority, extent of 81.60.040 badge 81.60.050 commission of 81.60.010 liability upon unlawful acts of 81.60.060 oath 81.60.030 powers and duties 81.60.040 rates and charges limitation of action for collection of 81.28.270 right of entry authority 81.36.020 grade or location changes 81.36.050 granted lands, authority 81.36.020 school lands authority 81.36.020 university lands, authority 81.36.020 rivers and streams, crossing or along, authority 81.36.040 safety appliances and equipment drinking water 81.44.085 first aid kits 81.44.085 inspections and reports as to 81.44.070 locomotives 81.44.085 switches and guard rails, adjustment so persons will not be caught in 81.44.130 speed limits 81.48.030, 81.48.040 switches, adjusting so feet will not be caught in 81.44.130 train crews limitation on state regulatory agency interfering with 81.40.035 safety review 81.40.010 staffing requirements 81.40.010 watercourses, crossing or along, authority 81.36.040 wrecks investigation by commission, procedure 81.28.290 notice to commission 81.28.280 Railroads, See also RAILROADS; STREET RAILWAYS Rates and charges determination of rates of carriers by commission, hearing, considerations 81.04.250 discrimination in, prohibited Const. Art. 12 § 15 earnings in excess of reasonable return, consideration in fixing rates 81.04.360 filing of 81.04.130 hearing upon 81.04.130 increase of, burden of proof 81.04.130 merchandising capital or expense not to be considered in determining 81.04.270 overcharges action upon court procedure 81.04.240 when deemed to accrue 81.04.236 court procedure in actions upon 81.04.240 limitation of actions for 81.04.235 refund of 81.04.230 reparations 81.04.220 payments to affiliated interests not be allowed in determining if nonapproved or disallowed 81.16.060, 81.16.070 solid waste collection companies 81.16.075 sufficiently remunerative, consent required before any change in 81.04.150 suspension until hearing 81.04.130 valuation of public service company property for purposes of ascertaining 81.04.250 Records and documents access of commission to 81.04.090 forms 81.04.090 inspection by commission authorized 81.04.070 out-of-state records and accounts, power of commission to require production of 81.04.100 Release or waiver of rights, penalties, or forfeiture, title not construed as 81.04.470 Reparations for overcharges 81.04.220 [RCW Index—page 757] TRANSPORTATION IMPROVEMENT BOARD Reports annual to commission contents 81.04.080 filing 81.04.080 period of report 81.04.080 monthly, periodical or special 81.04.080 Routing of freight damages 81.28.030 duty as to promptness 81.28.030 Rules and regulations admissibility in evidence 81.04.450 conclusiveness in actions between private parties and public service companies 81.04.410 findings of commission prima facie correct 81.04.430 intervention by commission where rule or order involved, notice to commission, judgment void if not notified 81.04.420 liability of public service companies to persons or corporations affected by violation of rule or regulation 81.04.440 publication 81.04.450 Securities acquisition of securities of other public service companies void without authorization 81.12.040 assumption of liability for securities of other companies 81.08.130 authority of commission to regulate 81.08.020 capitalization of franchises or merger contracts prohibited 81.08.080 control over by state 81.08.020 definitions 81.08.010 evidence of indebtedness does not include chattel mortgages and conditional sales contracts 81.08.012 issuance 81.08.040 authority 81.08.030 purposes for which authorized 81.08.030 unauthorized or nonconforming issues, penalties 81.08.100 proceeds from issue accounting for disposition 81.08.090 state not obligated 81.08.140 unauthorized or nonconforming issues, penalties 81.08.100 utilities and transportation commission authority 81.08.150 violations, penalty 81.08.110, 81.08.120 Service, defined 81.04.010 Service of process on 4.28.080 Solid waste collection companies authority of commission to regulate 81.77.030 bond requirements 81.77.060 certificate of convenience and necessity application 81.77.040 fees, filing 81.77.050 issuance 81.77.040 suspension, revocation, alteration, powers of commission as to 81.77.030 fees 81.77.080 filing certificate of convenience and necessity 81.77.050 sale or transfer of certificate of convenience and necessity 81.77.050 insurance requirements 81.77.060 jurisdiction of commission 81.77.0201 penalty for violations 81.77.090 regulation of 81.77.100 service to unincorporated areas of county 81.77.120 Steamboats rates and charges, limitation of action for collection of 81.28.270 Stock customers, sale to 81.04.290 employees purchase or sale of stock in other corporations deduction from salary of payments for prohibited 81.04.280 [RCW Index—page 758] requiring prohibited 81.04.280 during working hours prohibited 81.04.280 sale to 81.04.290 Street railroad, defined 81.04.010 Street railroad company, defined 81.04.010 Street railways car equipment requirements, penalty for violation 81.64.120, 81.64.130 cities and towns, See CITIES AND TOWNS, subtitle Street railways consolidation of companies 81.64.070 crimes relating to employee’s violation of duty endangering life or safety, penalty 81.48.060 obstructing train or car, penalty 81.48.020 crossings county roads 81.64.030 stop at crossing with other railroads required, exceptions 81.48.050 eminent domain powers 81.64.040 employees competent required, penalty for violation 81.64.090 duty, violation of endangering life or safety, penalty 81.48.060 hours of labor, maximum, penalty for violation 81.64.160 weather guards to be furnished for, penalty for violation 81.64.140, 81.64.150 equipment and facilities defective condemnation 81.44.070 inspections and reports as to 81.44.070 switches and guard rails, adjustments so persons will not be caught in 81.44.130 fares for passengers 81.64.080 franchises application for 81.64.020 authority for grants of 81.64.010 hearing upon application 81.64.020 notice of hearing upon application 81.64.020 guard rails, adjusting so feet will not be caught in 81.44.130 lease of property of 81.64.060 obstructing train or car, penalty 81.48.020 purchase of property of 81.64.060 right of entry, power of 81.64.050 safety appliances and equipment inspections and reports as to 81.44.070 switches and guard rails, adjustments so persons will not be caught in 81.44.130 streetcars 81.44.040 switches, adjusting so feet will not be caught in 81.44.130 transfers for passengers 81.64.080 Tariff changes filing of 81.04.130 hearing upon 81.04.130 increase of, burden of proof 81.04.130 suspension until hearing 81.04.130 Taxation Ch. 84.12 Transfers of property acquisition of property of other public service companies 81.12.040 capital stocks and bonds of other public service companies, acquisition void without authorization 81.12.040 disposal without authorization of commission void 81.12.030 franchises disposal without authorization void 81.12.030 transfer without authorization prohibited 81.12.020 prohibitive without authorization of commission 81.12.020 public service company, defined for purposes of 81.12.010 rules and regulations of commission as to 81.12.050 violations, penalty 81.12.060 Transportation of persons, defined 81.04.010 property, defined 81.04.010 Valuation costs of assessed to public service companies 81.20.020 collection 81.20.030 disposition to public service revolving fund 81.20.020 interest on unpaid cost assessment 81.20.030 limitation upon 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, conclusiveness of commission’s determination of necessity 81.20.040 order of commission not subject to review 81.20.050 Valuation of public service company property for purposes of ascertaining rates and charges 81.04.250 Vessels charter boats, regulation of boats operating on state waters Ch. 88.04 contracts, breach of, lien for damages 60.36.060 defined 81.04.010 Violations actions to recover penalties, disposition to state general fund 81.04.400 orders, rules or requirements of commission corporations other than public service companies, penalty 81.04.387 corporations other than public services companies, penalty 81.04.390 public service companies, penalty 81.04.380, 81.04.385 penalties 81.04.405 public service revolving fund, penalties deposited in 81.04.405 recovery of penalties 81.04.405 securities 81.08.110, 81.08.120 Warehousemen and wharfingers, See TRANSPORTATION COMPANIES, subtitle Storage warehousemen TRANSPORTATION IMPROVEMENT BOARD Apportionment of improvement project 47.26.190 Arterial defined 47.26.090 Bicycle routes 47.26.300 Bicycle routes, funds 47.26.305 Bond issues transportation projects in urban areas 47.26.500, 47.26.501, 47.26.502, 47.26.503, 47.26.504, 47.26.505, 47.26.506, 47.26.507 Budget for expenditures 47.26.440 City defined 47.26.100 City hardship assistance program implementation duties 47.26.164 Expenses of members 47.26.130 Funds allocation, rules 47.26.450, 47.26.460 Jurisdictional transfers board to receive petitions from cities, counties, and state requesting changes to state highway system 47.26.167 Land use implications 47.26.282 Long-range arterial construction plans general provisions 47.26.170 Long-range needs studies, coordination 47.01.240 Matching funds requirements 47.26.270 Meetings 47.26.150 Membership, terms, and appointments 47.26.121 Payment process 47.26.260 Powers and duties 47.26.160 Qualifications for administering projects 47.26.185 Small city program 47.26.115 Staff and facilities 47.26.140 Transportation improvement account 47.26.084, 47.26.086 (2008 Ed.) TRIALS Urban arterial defined 47.26.110 Urban arterial trust account 47.26.080 project selection for funding 47.26.190 TRANSPORTATION IMPROVEMENT PROGRAMS Definitions 39.92.020 Interlocal cooperation 39.92.050 Local programs authorized 39.92.030 Purpose 39.92.010 Transportation impact fees 39.92.040 TRANSPORTATION INNOVATIVE PARTNERSHIPS Account, transportation innovative partnership 47.29.230, 47.29.240 Administrative fee 47.29.100 Advisory committees 47.29.180 Approval and execution 47.29.160 Bonds, authority to issue 47.29.250 Confidentiality 47.29.190 Contracted studies 47.29.130 Definitions 47.29.020 Eligible financing 47.29.060 Eligible projects 47.29.050 Eminent domain 47.29.220 Expert consultation 47.29.120 Federal funds, similar revenues 47.29.070 Federal laws 47.29.270 Funds, proposal evaluation and negotiation 47.29.110 Funds or property, other sources of 47.29.080 Government agreements 47.29.210 Legislative finding, intent 47.29.010 Partnership agreements 47.29.140 Prevailing wages 47.29.200 Project review, evaluation, and selection 47.29.090 Proposed project agreements expert review panel 47.29.280, 47.29.290 Public involvement and participation 47.29.150 Purpose 47.29.040 Study and report 47.29.260 Transportation commission, powers and duties 47.29.030 Unsolicited proposals 47.29.170 TRAP AND TRACE DEVICES Law enforcement, conditions for use by 9.73.260 TRAP GUNS (See FIREARMS, subtitle Trap guns) TRAPPING (See WILDLIFE) TRASH (See WASTE REDUCTION, RECYCLING AND MODEL LITTER CONTROL ACT) TRAUMA CARE SYSTEMS (See EMERGENCY MEDICAL SERVICES AND TRAUMA CARE SYSTEM) TRAUMATIC BRAIN INJURIES (See MEDICAL ASSISTANCE) TRAVEL AGENTS Banks and trust companies may not act as 30.04.127 TRAVEL BUSINESSES Advertising, restrictions 19.138.030 Cancellation and refund 19.138.050, 19.138.320 Consumer protection act, application 19.138.290 Definitions 19.138.021 Fees 19.138.1701 Immunity for persons enforcing chapter 19.138.200 Information statement, contents 19.138.040 Investigations publication of violations 19.138.180 Licensing department director, powers and duties 19.138.170 Nonresident sellers director as attorney 19.138.160 service of process 19.138.160 Public records, availability 19.138.310 Recordkeeping requirements 19.138.030 Registration (2008 Ed.) application form, contents 19.138.110 exemption 19.138.100 prerequisite to suit 19.138.260 refusal to renew, notification and hearing 19.138.120 renewal 19.138.120 requirements 19.138.100 uniform regulation of business and professions act 19.138.330 unprofessional conduct, revocation and reinstatement 19.138.130 Restrictions 19.138.340 Standard of performance 19.138.150 Tax imposed 82.04.260, 82.04.440 Trust account, requirements 19.138.140 Unemployment compensation 50.04.232 Violations actions for damages 19.138.280 civil penalties, enforcement 19.138.240 criminal penalties 19.138.270 restitution assessment 19.138.250 TRAVEL EXPENSES (See also EXPENSES AND PER DIEM; MILEAGE) Boards, commissions, councils, and committees whose members receive travel expenses listing, submission of information 43.88.500 Charge card use by political subdivisions and municipal corporations 42.24.115 College and university governing boards 28B.10.525 District courts 3.58.040 District judge visiting judge 3.34.140 Judges pro tempore 2.28.160 Personnel resources board 41.06.110 Public employment labor relations commission 41.58.015 Records committee, archives and records management division 40.14.050 Traffic safety commission 43.59.050 TRAVELERS CHECKS Uniform unclaimed property act 63.29.040 TRAVERSE STATIONS (See WASHINGTON COORDINATE SYSTEM) TREASON Defined Const. Art. 1 § 27 penalty 9.82.010 Evidence necessary for conviction Const. Art. 1 § 27 "Levying war", defined 9.82.020 Misprision of treason, defined, penalty 9.82.030 TREASURER, STATE (See STATE TREASURER) TREASURY, STATE (See FUNDS; PUBLIC FUNDS) TREATIES Pacific salmon treaty with Canada Ch. 77.75 TREE FRUIT RESEARCH COMMISSION (See FRUITS) TREE SPIKING Action for damages 9.91.155 Crimes relating to 9.91.150 TREES (See FORESTS AND FOREST PRODUCTS; LOGS AND LOGGING; TIMBER) Arbor day 1.20.060 Cities and towns authority for local improvement 35.43.040 obstructing street or sidewalk 35.21.310 tree planting for energy conservation, municipal utilities to encourage 35.92.390 Damages for injury or removal 64.12.030, 64.12.040 Destroying native flora on state lands or on or adjoining highways and parks unlawful 47.40.070, 47.40.080 Electric utility removal of vegetation, liability 64.12.035 Injury or removal, damages 64.12.030 Injury to or removal, damages 64.12.040 State tree 1.20.020 Watercourse banks, removal from 36.32.300 TRESPASS (See also REAL PROPERTY, subtitle Trespass) Actions and suits limitation of action 4.16.080 Animals damages and costs Ch. 16.04 fences Ch. 16.60 restraint Ch. 16.04 Arrest without warrant, when authorized 10.31.100 Burglary and trespass Ch. 9A.52 Damages injuring or removing trees 64.12.030, 64.12.040 Force, use of to prevent, when lawful 9A.16.020 Geological survey, right of entry upon lands 43.92.080 Land unimproved 9A.52.010 Landlord and tenant unlawful detainer criminal provisions 59.12.030 Limitation of action for 4.16.080 Military grounds, penalty 38.32.120 Prevention of, force, when lawful 9A.16.020 Public lands, See PUBLIC LANDS, subtitle Trespass Real property, limitation of actions for 4.16.080 State lands, See PUBLIC LANDS, subtitle Trespass Trees, timber or shrubs damages 64.12.030 electric utility removal of vegetation, liability 64.12.035 mitigating circumstances 64.12.040 TRESTLES Cities and towns, authority for local improvement 35.43.040 Public lands, bridges or trestles across, See PUBLIC LANDS, subtitle Bridges or trestles TRIAL BY JURY (See JURIES AND JURORS) TRIALS After docket date, procedure 4.44.020 Appearances, See APPEARANCES Attachment debt not due 6.25.050 Attorneys fees, allowable costs 4.84.080 Challenge to sufficiency of evidence effect if sustained 4.56.150 procedure 4.56.150 Change of venue impartial trial ground for 4.12.030 jury from another county 10.25.140 Conclusions of law decision of referees, exception to, necessity of 4.80.020 decisions to commissioner, exception to, necessity of 4.80.020 parties may submit, procedure 4.44.070 referee’s report to separately state 4.48.070 reports of court commissioners, exceptions to, necessity of 4.80.020 reports of referees, exceptions to, necessity of 4.80.020 Contempt of court sanctions summary imposition, procedure 7.21.050 Continuances power of superior court judge to grant within his judicial district 2.08.190 supplemental proceedings 6.32.220 Court, trial by the court, order of proceedings 4.44.060 Criminal trials, See CRIMINAL PROCEDURE, subtitle Trials [RCW Index—page 759] TRIALS Damages excessive reduction as alternative to new trial 4.76.030 inadequate increase as alternative to new trial 4.76.030 Damages, See also DAMAGES De novo review by supreme court or court of appeals, verdict reduction or increase as alternative to new trial 4.76.030 Decisions, See DECISIONS Declaratory judgments 7.24.090 Delivery of subject matter of litigation to party, court may order enforcement 4.44.490 when 4.44.480 Deposits in court, See DEPOSITS IN COURT Deposits into court court may order enforcement 4.44.490 when 4.44.480 custody of money deposited 4.44.500 Diking and drainage, private ditches and drains appeal from trial 85.28.100 generally 85.28.090 Dismissals costs, failure to give security for costs 4.84.230 effect as bar to another action 4.56.120 failure of proof 4.56.150 grounds for in superior court 4.56.120 nonappearance at trial 4.56.120 nonsuit judgments 4.56.120 supplemental proceedings 6.32.150 District courts 3.66.010 Ejectment and quieting title actions, counterclaims for permanent improvements and taxes paid 7.28.170 Eminent domain, See also EMINENT DOMAIN Eminent domain by state adequacy of payment, determination of 8.04.092 consolidation of cases 8.04.100 just compensation and damages, assessment of 8.04.094, 8.04.110 Evidence, See EVIDENCE Exceptions challenges to jurors, to oral exceptions authorized 4.44.250 procedure 4.44.250 trial of 4.44.230 defined 4.80.010 entry of 4.80.030 evidence, ruling on objection to admission of, procedure 4.80.030 minutes, entry of objection in 4.80.030 referee to note and file 4.48.070 when to be taken 4.80.020 Executions, adverse claims 6.19.050 Fees, See FEES Findings of fact decisions of court commissioners, exceptions to, necessity of 4.80.020 decisions of referees, exceptions to, necessity of 4.80.020 deemed verdict 4.44.060 new trial on setting aside 4.44.060 parties may submit, procedure 4.44.070 referee’s report set aside 4.48.090 referee’s report to contain 4.48.070 reports of court commissioners, exceptions to, necessity of 4.80.020 reports of referees, exceptions to, necessity of 4.80.020 setting aside, court findings may be set aside 4.44.060 verdict, findings of fact by court deemed verdict 4.44.060 Forcible entry and detainer, jury trials, priority 59.12.130 Instructions to juries harmless error disregarded 4.36.240 legal holidays, giving on 2.28.100 [RCW Index—page 760] Interpleader, trial of issue on conflicting claims 4.08.180 Interpreters for impaired persons, See INTERPRETERS, subtitle Impaired persons involved in legal proceedings Issues exceptions and denials of challenges to jurors, trial of 4.44.230 joint debtor, action against after judgment 4.68.060 Issues of fact court not to decide on challenge to sufficiency of evidence 4.56.150 note of contents 4.44.020 filing 4.44.020 by whom tried 4.40.060, 4.40.070 Issues of law note of contents 4.44.020 filing 4.44.020 by whom tried 4.40.050 Joint debtors, procedure to bind after judgment 4.68.060 Judgments, See JUDGMENTS Judgments or orders grounds for vacation or modification of superior court judgments or orders 4.72.060 Juries mandatory arbitration 7.06.070 Juries and jurors, See JURIES AND JURORS Jurisdiction, See JURISDICTION Jury trials accused, right of in criminal action Const. Art. 1 § 22 actions for recovery of specific personal property, verdict 4.44.420 admonitions to jurors 4.44.280 care of jury while deliberating 4.44.300 challenge for cause 4.44.120 challenges to jurors cause, for defined 4.44.150 general, effect 4.44.150 grounds 4.44.160 kind of challenge 4.44.130 particular actual bias, defined 4.44.170 actual bias, grounds 4.44.190 effect 4.44.150 implied bias, defined 4.44.170 implied bias, grounds 4.44.180 kind 4.44.170 denials of oral denials authorized 4.44.250 procedure 4.44.250 trial of 4.44.230, 4.44.240 either party may challenge 4.44.130 exceptions to oral exceptions authorized 4.44.250 procedure 4.44.250 trial of 4.44.230, 4.44.240 individual jurors, to 4.44.130 joinder by parties in challenge, when 4.44.130 kinds cause, for 4.44.130 peremptory 4.44.130 oral challenges authorized 4.44.250 procedure 4.44.250 order of taking 4.44.220 peremptory defined 4.44.140 how taken 4.44.210 kind of challenge 4.44.130 number allowed 4.44.130 court recess while jury is out 4.44.350 criminal procedure, See CRIMINAL PROCEDURE, subtitle Juries and jurors diking districts findings and form of verdict 85.05.370 improvement proceedings 85.05.120 discharge of jury without verdict effect 4.44.340 when 4.44.330 district courts 10.04.050 district judges demand for 12.12.030 discharge upon disagreement 12.12.090 fee 12.12.030 number of jurors 12.12.030 oath of jurors 12.12.070 qualifications of jurors 12.12.030 drainage districts, findings and form of verdict 85.06.340 expense of keeping jury 4.44.310 fees as taxable cost 4.44.110 impanelling jury, procedure 4.44.120 instructions harmless error disregarded 4.36.240 legal holidays, giving on 2.28.100 jury to assess amount of recovery, actions to recover money or setoff 4.44.450 mandamus proceedings, issues of fact 7.16.210, 7.16.230 municipal courts 35.20.090 number of jurors 4.44.120, Const. Art. 1 § 21 in courts not of record Const. Art. 1 § 21 district court civil proceedings 12.12.030 oath of jurors 4.44.260 polling of jury 4.44.390 prohibition proceedings, issues of fact 7.16.320 questions of fact to be decided by jury 4.44.090 receiving verdict and discharging jury 4.44.460 rendering verdict district court civil action 12.12.080 number or jurors who must render 4.44.380 procedure 4.44.360, 4.44.370, 4.44.380 replacement of juror, effect 4.44.290 right to Const. Art. 1 § 21 in criminal action Const. Art. 1 § 22 remains inviolate Const. Art. 1 § 21 waiver in civil cases Const. Art. 1 § 21 waiver in criminal proceedings 10.01.060 verdict by less than twelve may be authorized in civil cases Const. Art. 1 § 21 view of place of crime permissible 10.58.080 view of premises by jury, procedure 4.44.270 waiver of in civil case Const. Art. 1 § 21 criminal proceedings 10.01.060 eminent domain against corporations Const. Art. 1 § 16 Justices of the peace, See JUSTICES OF THE PEACE Law, questions of decided by court 4.44.080 Mandamus proceedings, determination of issues of fact 7.16.210, 7.16.220, 7.16.230, 7.16.240 Mental incapacity, person under, trial of, not permitted 10.77.050 Minutes entries objections to admission of evidence 4.80.030 offer of evidence 4.80.030 ruling on objection to admission of evidence 4.80.030 exceptions entered in minutes 4.80.040 Motions criminal proceedings, See CRIMINAL PROCEDURE, subtitle Motions new trials time limitation for filing exception on delayed discovery of grounds 4.76.080 verdict reduction or increase as alternative to 4.76.030 vacation or modification of superior court judgments conditions precedent 4.72.050 liens preserved on modification 4.72.050 limitation of time 4.72.020 (2008 Ed.) TRUST COMPANIES consent or stipulated judgments or orders, time limitation does not apply, when 4.72.080 permitted, when 4.72.020 securities preserved on modification 4.72.050 service of 4.72.020 New trials defined 4.76.010 discovery of grounds after verdict, report or decision procedure 4.76.080 time limitation 4.76.080 ejectment and quieting title actions authorized, when 7.28.260 possession, effect on 7.28.270 findings of fact set aside 4.44.060 increase or reduction of verdict as alternative to 4.76.030 motion for mandamus proceedings 7.16.230 newly discovered evidence grounds, requirements as to 4.76.070 prohibition proceedings 7.16.320 time limitation for filing exception on delayed discovery of grounds 4.76.080 verdict reduction or increase as alternative to 4.76.030 newly discovered evidence, requirements as to 4.76.070 vacation or modification of judgment or order because new trial granted 4.72.010 New trials, See also CRIMINAL PROCEDURE, subtitle New trials Nonsuits challenge to sufficiency of evidence, judgment of nonsuit on 4.56.150 effect of judgment of 4.56.120, 4.56.150 failure of proof as ground 4.56.150 grounds for in superior court 4.56.120 Notice of trial generally 4.44.020 issues of fact contents of notice 4.44.020 service of notice 4.44.020 issues of law contents of notice 4.44.020 service of notice 4.44.020 service 4.44.020 Nuisances, contempt for violation of injunction 7.48.080 Objections to admission of evidence, exception procedure 4.80.030 Passion verdict reflects, increase or decrease of as alternative to new trial 4.76.030 Postponements, costs, payment to adverse party as condition of 4.84.100 Prejudice verdict reflects, increase or decrease of as alternative to new trial 4.76.030 Presumptions, appeal of verdict reduction or increase as alternative to new trial, verdict correctness assumed 4.76.030 Prohibition proceedings, determination of issues of fact 7.16.320 Questions of fact to be decided by jury 4.44.090 Questions of law to be decided by court 4.44.080 Referees appointment of 4.48.030 challenges to 4.48.050 compensation 4.48.100 decisions conclusions of law, exception to, necessity of 4.80.020 findings of fact, exception to, necessity of 4.80.020 issues of law triable by 4.40.050 notice to clerk of court five days prior to trial 4.48.130 number 4.48.030 powers 4.48.060 (2008 Ed.) qualifications 4.48.040 reference by consent 4.48.010 reference without consent 4.48.020 reports affirming or setting aside by court 4.48.090 conclusions of law, exception to, necessity of 4.80.020 contents 4.48.070 evidence filed with report 4.48.070, 4.48.080 filing 4.48.070, 4.48.080 findings of fact, exception to, necessity of 4.80.020 inadmissible evidence filed with report 4.48.070 motions on 4.48.080 review of decision in same manner as court decision 4.48.120 Stay of proceedings incompetency 10.77.084, 10.77.086, 10.77.088 securities for costs not filed 4.84.210 Superior courts, See SUPERIOR COURTS Supplemental proceedings, See SUPPLEMENTAL PROCEEDINGS Testimony, motion for new trial on ground of newly discovered evidence, affidavit requirements as to testimony 4.76.070 Trial docket priority for aged or ill parties in setting cases for trial 4.44.025 Venue, See VENUE Verdicts actions for recovery of personal property 4.44.420 challenge to sufficiency of evidence eliminates, when 4.56.150 civil actions number of jurors who must render 4.44.380 procedure 4.44.380 district judges, civil actions, delivery to justice 12.12.080 ejectment and quieting title actions counterclaims for permanent improvements and taxes paid 7.28.170 plaintiff’s right to possession expires before trial 7.28.190 entry of verdict 4.44.460 notice, as 4.64.020 procedure 4.64.020 filing of 4.44.460 findings of fact by court deemed as 4.44.060 general 4.44.410 inconsistency between special findings of fact and general verdict 4.44.440 increase or reduction as alternative to new trial 4.76.030 indexing entry, procedure 4.64.020 injunctions 7.40.200 joint debtor, action against after judgment, limitation on verdict amount 4.68.060 jury to assess amount of recovery, action to recover money or setoff 4.44.450 receiving verdict and discharging jury 4.44.460 referee’s report deemed as, when 4.48.090 rendition of polling jury 4.44.390 procedure 4.44.370 replevin 4.44.420 special 4.44.410 Witnesses motion for new trial on grounds of newly discovered evidence, affidavit requirements as to witnesses 4.76.070 Witnesses, See also WITNESSES TRIBAL POLICE OFFICERS (See also POLICE) Generally Ch. 10.92 TRIBES (See INDIANS) TROUT (See FISH AND FISHING) TRUANCY (See SCHOOLS AND SCHOOL DISTRICTS, subtitle Compulsory attendance) TRUCKS (See MOTOR VEHICLES) TRUST COMPANIES (See also BANKS AND BANKING, subtitle Satellite facilities; TRUSTS) Accounts definitions 30.22.041 regulations 30.20.060 Acting in place of designated trustee, liability 11.100.130 Additional powers, approval by director of financial institutions hearing, appeal 30.04.215 Administrative hearings, procedures, judicial review 30.04.475 Advertising legal services, furnishing of, penalty 30.04.260 use of "bank" or "trust" restricted to banks and trust companies, penalty 30.04.020 Articles of incorporation amendment 30.08.055, 30.08.090 extending time of existence 30.08.080 increase or decrease of capital stock 30.08.092 authorized but unissued shares 30.08.087 contents and statements 30.08.020 fees for filing 30.08.095 filing and recording of 30.08.050 investigation by director of financial institutions before issuance 30.08.030 submission to director of financial institutions 30.08.020 Articles of incorporation, approval or refusal 30.08.040 Assessments capital notes or debentures not subject to 30.36.050 possession by director, order to levy assessments to make good impairment of capital 30.44.020 Assets debts, bad, writing off 30.04.130 false statements as to, penalty 30.12.090 judgments uncollected two years 30.04.130 Assignee under assignment for benefit of creditors, may act as 30.08.150 Assignment for benefit of creditors prohibited 30.44.100 Attorney in fact for corporations, powers 30.08.150 Auction sale of personal property unclaimed following liquidation and winding up 30.44.210 Bank, use of word restricted to banks and trust companies, penalty 30.04.020 Bank powers conferred upon 30.08.150 Banking, use of word restricted to banks and trust companies, penalty 30.04.020 Bills of exchange, power to buy, sell, invest in 30.08.150 Bonds fidelity, for officers and employees 30.12.030 holder’s right to full payment 30.08.150 issuance of, restricted from engaging in banking business 30.08.150 power to sell, buy, invest in 30.08.150 report of bond liability, collateral required 30.08.160 Branch trust companies, establishment 30.04.280 Capital notes or debentures assessments, not subject to 30.36.050 conversion rights 30.36.020 definitions 30.36.010 impairment of capital stock 30.36.030 correction before payment or retirement 30.36.040 [RCW Index—page 761] TRUST COMPANIES issuance and sale 30.36.020 liability of holders, limitations upon 30.36.050 subordinate to rights of depositors or creditors 30.36.010, 30.36.020 Capital stock amounts required to incorporate 30.08.010 authorized but unissued shares 30.08.087, 30.08.088 preemptive rights of shareholders to acquire 30.12.220 capital notes or debentures, issuance as impairing 30.36.030 impairment of by preferred stock, determination 30.08.086 increase or decrease 30.08.092 possession by director, order to levy assessment to make good impairment of capital stock 30.44.020 purchase of own authorized 30.04.238 record of stock to be kept 30.12.020 transfer record to be kept 30.12.020 Casualty insurance 30.12.030 Cease and desist orders, grounds, procedure 30.04.450 Certificate of authority 30.08.060 filing fee 30.08.095 termination upon liquidation and winding up 30.44.240 notification of secretary of state 30.44.240 transaction of business restricted until received 30.08.050 Certificate of forfeiture 30.08.070 Checks certified bona fide holder’s rights 30.16.010 certification without funds, penalty 30.16.010 effect 30.16.010 Claims expenses of possession and winding up, first charge against assets 30.44.130 possession by director creditors, approval or rejection of claims barred after time fixed in notice 30.44.060 depositors, presentment 30.44.060 list of, filing 30.44.070 objection to approval of 30.44.080 Clearing corporation, deposit of securities with, authorized 30.04.240 Compliance with laws required 30.04.280 Contributions and gifts 30.04.225 Corporations articles of corporation unissued shares, preemptive right of shareholders to acquire 30.12.220 capital stock preemptive right of shareholders to acquire unissued shares 30.12.220 formation authorized 30.04.127 preferred stock capital, impairment, determination 30.08.086 issuance authority 30.08.082 rights, dividends, liquidation 30.08.084 Corporations not to hold over twenty-five percent of capital stock in bank or trust company, penalty 30.04.230 Coupon and interest on securities, powers as to 30.08.150 Creditors insolvency preferences as to creditors prohibited, penalty 30.44.110 transfers in contemplation of insolvency void, penalty 30.44.110 liquidation and winding up, notice to creditors 30.44.170 possession by director notice of taking possession by director, no lien rights after notice 30.44.040 notice to creditors 30.44.060 Crimes relating to [RCW Index—page 762] advertising, use of "bank" or "trust" restricted to banks or trust companies, penalty 30.04.020 advertising furnishing of legal services, penalty 30.04.260 "bank" or "banking", use of word restricted to banks and trust companies, penalty 30.04.020 certification of check without funds 30.16.010 confidentiality of examination reports and information 30.04.075 corporations not to hold over twenty-five percent of capital stock in trust company, penalty 30.04.230 destroying or secreting records 30.12.100 examinations, false swearing is perjury 30.04.060 false statements as to assets or liabilities 30.12.090 falsifying books 30.12.090 legal services, solicitation or furnishing of prohibited, penalty 30.04.260 loans commission or gratuity for procuring 30.12.110 trust funds, loans to officers and employees from 30.12.120 penalty, generally 30.12.190 receiving deposit while insolvent 30.44.120 transfers in contemplation of insolvency 30.44.110 trust business, commingling trust funds or securities prohibited, penalty 30.04.240 violation of order of removal or prohibiting participation 30.12.047 Debts valuation of assets 30.04.130 writing off bad debts 30.04.130 Deposit liabilities, federal deposit insurance corporation acquisition of, judicial review, not a hindrance to 30.44.280 Deposit of securities, authorized depositories 30.04.240 Depositaries, See DEPOSITARIES Deposits accounts, types available 30.22.050 adverse claim bond 30.22.220 adverse claim to must be accompanied by court order or surety bond, exceptions 30.20.090 authority to withhold payment 30.22.210 construction 30.22.030 contract of, requirements 30.22.060 controversies between owners 30.22.110 definitions 30.22.040, 30.22.041 discharge of bank upon payment 30.22.120 governed by individual account deposit act, chapter 30.22 RCW 30.20.005 individual account deposit act Ch. 30.22 married persons 30.22.080 minors incompetents payments to 30.22.150 minors and incompetents 30.22.070 ownership after death of depositor 30.22.100 during lifetime of depositor 30.22.090 payment of funds to a depositor 30.22.140 payment to agents of depositors 30.22.170 foreign personal representative 30.22.200 heirs and creditors of deceased depositor 30.22.190 personal representatives 30.22.180 trust and P.O.D. account beneficiaries 30.22.160 postponement of payments under bank stabilization 30.56.020 purposes 30.22.020 receipt required 30.20.025 receiving while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 30.44.120 right to rely on form of account, discharge of bank by payment 30.22.120 rights as between individuals preserved 30.22.130 savings deposits rules and regulations 30.20.060 title 30.22.010 Development credit corporations, membership in 31.20.070 Director of financial institutions additional authority of trust company, approval by director 30.04.215 administrative hearings, procedure, judicial review 30.04.475 cease and desist orders, grounds, procedures 30.04.450 judicial enforcement of administrative orders 30.04.475 merger of trust companies, director’s powers and duties Ch. 30.53 temporary cease and desist orders grounds 30.04.455 injunction to enforce 30.04.465 injunction to set aside 30.04.460 unsound or illegal practices administrative proceedings, judicial review 30.04.475 judicial enforcement of administrative orders 30.04.475 Directors election 30.12.010 loans to 30.12.060, 30.12.070 meetings 30.12.010, 30.12.020 number required 30.12.010 oath of office 30.12.010 qualifications 30.12.010 quorum 30.12.010 terms 30.12.010 vacancies, how filled 30.12.010 Dissipating or prejudicial actions temporary cease and desist order 30.04.455 Dividends bank stabilization, no payment of dividends until reductions to creditors paid 30.56.070 liquidation and winding up, unclaimed dividends, disposition, escheat for state for permanent school fund 30.44.150, 30.44.180 possession by director, declaration after presentment of claims 30.44.090 restriction upon declaring 30.04.180 retained earnings, payment restricted to 30.04.180 suspension of payment of by director of financial institutions of banking 30.04.180 when may be declared 30.04.180 Engaging in other business activities, approval 30.04.215 Escheats, liquidation and winding up safe deposit boxes 30.44.220 unclaimed dividends 30.44.150, 30.44.180 unclaimed personal property 30.44.220 Examinations of cooperative and reciprocal agreements and actions 30.04.060 cost 30.04.070 failure to submit to grounds for possession by director 30.44.010 false swearing is perjury 30.04.060 federal reserve examinations, acceptance of 30.04.060 information acquired from bank holding companies confidentiality 30.04.075 information acquired from other regulatory authorities confidentiality 30.04.075 investments in nonpublic corporations appraise and revalue 30.04.060 oath, examination of officers and employees under 30.04.060 one every eighteen months 30.04.060 (2008 Ed.) TRUST COMPANIES reports and information 30.04.075 confidentiality and disclosure 30.04.075 disclosure 30.04.075 not subject to public disclosure law 30.04.075 penalty for violating confidentiality 30.04.075 rules for 30.04.030 Executor and administrator attorneys of, probate fees disallowed to or to bank or trust company 11.36.010 disqualified to act as executor or administrator in probate when will drawn by 11.36.010 Executor or administrator authority to act as 30.08.150 bond not required when acting as 11.32.020 Expiration of term of existence, winding up 30.08.080 Failure to commence business within six months 30.08.070 Federal deposit insurance corporation investments in stock of authorized 30.32.010 receiver, appointment as, powers and duties 30.44.270 Federal home loan banks borrowing from authorized 30.32.020 depositary for its funds, may designate as 30.32.040 investments in stock of authorized 30.32.020 Federal intermediate credit banks investment in stock or participation certificates of, authorized 30.04.375 Federal land banks investment in stock or other evidences of participation of, authorized 30.04.375 Federal reserve banks, investments in stock of authorized 30.32.010 Federal reserve system investments in authorized 30.32.010 membership in authorized 30.32.010 Fees adoption by director of financial institutions 30.08.095 schedule 30.08.095 Fidelity bond 30.12.030 Filings articles of incorporation 30.08.050 certificate of authority 30.08.060 certificate of forfeiture 30.08.070 extension of existence, amendment to articles 30.08.080 fees 30.08.095 possession by director, list of claims 30.44.070 report of resources and liabilities 30.08.180 Fiscal agents for public bodies 30.08.150 Foreign corporations branch banks, establishment under former laws 30.04.300 Foreign or international banking institutions trust companies may invest in capital stock or surplus of 30.04.380 stock or ownership of 30.04.390 Forfeiture upon failure to commence business within six months 30.08.070 Formation capital requirements 30.08.010 incorporators, number required 30.08.010 investigation by director of financial institutions 30.08.030 surplus and undivided profits required 30.08.010 Guardian authority to act as 30.08.150 Holding companies interstate banking 30.04.232 Holding corporations, restriction on holding stock in bank or trust company, penalty 30.04.230 Incapacitated persons access to and control over assets to be provided to guardian 11.92.096 Incorporators, number of 30.08.010 (2008 Ed.) Industrial loan companies, See INDUSTRIAL LOAN COMPANIES Injunctions to enforce temporary cease and desist order 30.04.465 set aside temporary cease or desist orders 30.04.460 Insolvency preferences prohibited, penalty 30.44.110 receiving deposit while insolvent officer or employee personally liable Const. Art. 12 § 12 penalty 30.44.120 transfers in contemplation of insolvency void, penalty 30.44.110 Insurance life, use of trust funds authorized 11.100.120 Insurance against burglary, theft, robbery required 30.12.030 Insurance agents trust company may not act as 30.04.127 Insurance premium finance company act, application to 48.56.030 International or foreign banking institutions trust companies may invest in capital stock and surplus of 30.04.380 stock or ownership of 30.04.390 Inventory of unclaimed personal property 30.44.190 Investigation by director of financial institutions before formation 30.08.030 Investment in common trust funds "affiliated" defined 11.102.010 application of chapter 11.102.030 authorized, exception 11.102.010 construction of chapter 11.102.040 uniform act Ch. 11.102 Investment of funds community renewal obligations 35.81.110 metropolitan municipal corporation obligations 35.58.510 Investment of trust funds application of chapter 11.100.050 authorized investments Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 commercial accounts 11.100.037 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060 governed by this chapter 11.100.010 instrument authorized investment, defined 11.100.070 deviation upon court permission 11.100.040 legal investment, defined 11.100.070 investment trust or company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060 life insurance, use of funds for authorized 11.100.120 marital deduction interests 11.100.025 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts collateral security 11.100.030, 11.100.037 federally insured 11.100.030, 11.100.037 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 Investments capital stock and surplus of banks or corporations engaged in international or foreign banking, authorized 30.04.380 continuing authority for investments 30.04.395 corporate capital stock 30.04.125 corporations 30.04.127 county funds 36.29.020 federal deposit corporation, authorized 30.32.010 federal home loan banks, authorized 30.32.020 federal intermediate credit banks, stock or participation certificates 30.04.375 federal land banks, stock or other evidences of participation 30.04.375 federal reserve banks, authorized 30.32.010 federal reserve system, authorized 30.32.010 multilateral development bank 30.04.129 production credit associations, stock or participation certificates 30.04.375 qualified community investments 30.04.214 real property and improvements 30.04.212 stock or ownership of banks or corporations engaged in international or foreign banking, authorized 30.04.390 United States corporation bonds, authorized investment 39.60.010 Judgments held by trust company, when cease to be asset 30.04.130 Judicial enforcement of administrative orders 30.04.475 Legal services, solicitation or furnishing of prohibited, penalty 30.04.260 Levy of assessments enforcement sale 30.12.180 possession by director, order to levy assessment to make good impairment of capital 30.44.020 Liabilities, false statements as to, penalty 30.12.090 Liability of holders of capital notes or debentures limited 30.36.050 Liability when acting in place of designated trustee 11.100.130 Licenses master license system exemption 19.02.800 Life insurance, use of trust funds authorized 11.100.120 Limited liability companies conversion to 30.08.025 Liquidation and winding up agent appointment of 30.44.140 bond 30.44.140 distribution of assets by 30.44.140 successor to 30.44.140 transfer of assets to 30.44.140 certificate of authority notification of secretary of state 30.44.240 termination of 30.44.240 deposits, postponement of payment of not grounds for liquidation 30.56.030 director or agent, meeting to select for purposes of 30.44.140 dividends unclaimed, disposition, escheat to state for permanent school fund after five years 30.44.150, 30.44.180 personal property unclaimed disposition of proceeds of sale 30.44.220 escheat to state for permanent school fund 30.44.220 inventory and transmission to supervisor 30.44.190 notices to owners 30.44.200, 30.44.210 private documents and papers, disposition of 30.44.230 reinventory by director 30.44.200 sale at auction 30.44.210 records, files, accounts, etc., destruction of 30.44.260 stockholders’ meeting for 30.44.140 voluntary dividends unclaimed, disposition, escheat to state for permanent school fund after five years 30.44.180 notices creditors, notice to 30.44.170 posting of 30.44.160 [RCW Index—page 763] TRUST COMPANIES transfer of assets and liabilities to another bank or trust company 30.44.240 unclaimed personal property 30.44.200 Loans charges, parity with out-of-state national banks 30.04.025 commission or benefit for obtaining prohibited, penalty 30.12.110 director of financial institutions to adopt rules concerning loans to officers 30.12.060 directors, to 30.12.060, 30.12.070 employees, loans to, restrictions 30.12.060 limitations on loans to one person 30.04.111 officers, loans to permitted, limitation, director of financial institutions to adopt rules concerning 30.12.060 own stock as security prohibited 30.04.120 reports to director of financial institutions as to 30.12.060 stock of other corporations as security 30.04.120 suretyship or guarantee by director construed to be a loan 30.12.060 trust funds, loans to officer or employee, penalty 30.12.120 Married persons, trust business of 30.08.150 Merger approval of director of financial institutions required 30.53.020 certificate of merger 30.53.050 definitions 30.53.010 dissenting stockholders 30.53.070 effective date of merger 30.53.050 merger agreement, contents and approval requirements 30.53.030 resulting trust company rights, powers, and duties 30.53.060 stockholder approval of merger 30.53.040 valuation of assets of merging trust company 30.53.080 Mortgages, power to buy, sell, invest in 30.08.150 Mutual savings banks, investment in 32.20.430 Name use of "bank" or "trust" restricted to banks and trust companies, penalty 30.04.020 Nonroutine transactions notice and procedure 11.100.140 Notices liquidation and winding up creditors, notice to 30.44.170 posting of notice upon voluntary liquidation 30.44.160 unclaimed personal property, notice to owners 30.44.200 possession by director contest of possession by director 30.44.030 to correct offense or delinquency 30.44.010 creditors to file claims 30.44.060 levy assessment to make good impairment of capital 30.44.020 taking of possession, rights of subsequent creditors and lien holders limited by 30.44.040 Oaths and affirmations, administering power of officers and employees 30.12.130 Officers and employees destroying or secreting records 30.12.100 false statements as to assets or liability, penalty 30.12.090 falsifying book entries, penalty 30.12.090 loans commission or benefit for obtaining prohibited, penalty 30.12.110 directors 30.12.060, 30.12.070 employees, loans to, restrictions 30.12.060 officers, loans to permitted, limitation 30.12.060 reports to director of financial institutions 30.12.060 suretyship or guarantee by director construed to be a loan 30.12.060 [RCW Index—page 764] trust funds, loans to officers and employees from, penalty 30.12.120 oaths and affirmations, power to take 30.12.130 penalty for violations, generally 30.12.190 receiving deposit while insolvent penalty 30.44.120 receiving while insolvent personal liability of officer or employee Const. Art. 12 § 12 removal or prohibiting participation 30.12.040, 30.12.042, 30.12.044, 30.12.047 appeal from 30.04.470 surety and fidelity bonds on 30.12.030 transfer in contemplation of insolvency void, penalty 30.44.110 Penalties for violations civil penalties 30.04.310 generally 30.12.190 Personal representatives attorney of, probate fees disallowed to or to bank or trust company 11.36.010 disqualified to act as personal representative in probate when will drawn by 11.36.010 Pledging of assets or securities prohibited, exceptions 30.04.140 Possession by director assignment for benefit of creditors prohibited 30.44.100 claims creditors approval or rejection 30.44.060 barred after time fixed in notice 30.44.060 depositors, presentment 30.44.060 list of, filing 30.44.070 objection to approval of 30.44.080 supplemental list of, filing 30.44.070 contest of possession by director court decision as to 30.44.030 notice of 30.44.030 service of notice of contest 30.44.030 creditors notice of taking possession by director, no lien rights after notice 30.44.040 notice to 30.44.060 dividends, declaration after presentment of claims 30.44.090 expenses of possession and winding up, first charge against assets 30.44.130 filings, list of claims 30.44.070 grounds for 30.44.010 lien rights of holders limited by taking of possession 30.44.040 notices contest of possession by director 30.44.030 to correct offense or delinquency 30.44.010 creditors to file claims 30.44.060 levy assessment to make good impairment of capital 30.44.020 taking of possession, rights of subsequent creditors and holders limited by lien 30.44.040 powers and duties of director 30.44.050 receivership appointment of temporary receiver by court, when 30.44.100 prohibited, exception 30.44.100 surrender of possession and assets to director 30.44.100 reopening after 30.44.250 Powers of trust companies assignee under assignment for benefit of creditors 30.08.150 attorney in fact for corporations 30.08.150 bank powers conferred upon 30.08.150 bills of exchange, buy, sell, invest in 30.08.150 bonds holder’s right to full payment 30.08.150 issuance of, restricted from engaging in banking business 30.08.150 power to buy, sell, invest in 30.08.150 coupon on interest on securities 30.08.150 engaging in other business activities, approval 30.04.215 executor or administrator 30.08.150 fiscal agent for public bodies 30.08.150 guardian 30.08.150 married person, trust business 30.08.150 mortgages, power to buy, sell, invest in 30.08.150 parity with mutual savings banks 30.04.217 promissory notes, power to buy, sell, invest in 30.08.150 receiver 30.08.150 securities may be held in name of nominee 30.08.170 securities of public bodies 30.08.150 sinking fund, receipt and management 30.08.150 trust executions and powers 30.08.150 trustee 30.08.150 Preferences as to creditors prohibited, penalty 30.44.110 Preferred stock impairment of capital, determination 30.08.086 issuance authority 30.08.082 rights, dividends, liquidation 30.08.084 Probate, personal representative, oath of when trust company 11.28.170 Production credit associations investment in stock or participation certificates of, authorized 30.04.375 Promissory notes, power to buy, sell, invest in 30.08.150 Proposed articles of incorporation contents and statements 30.08.020 investigation by director of financial institutions before issuance 30.08.030 submission to director of financial institutions 30.08.020 Proxy voting 30.12.010 Quorum removal or prohibiting participation of directors effect on quorum 30.12.044 Real estate investments in 30.04.210 purchase, holding and conveyance powers 30.04.210 Receiver federal deposit insurance corporation may be appointed as, powers and duties 30.44.270 may act as 30.08.150 Receivership possession by director appointment of temporary receiver, surrender of possession and assets to director 30.44.100 receivership prohibited, exception 30.44.100 postponement of payment of deposits not grounds for 30.56.030 Receiving deposit while insolvent, penalty 30.44.120 Records compliance review information, confidentiality Ch. 7.88 Reopening after possession by director 30.44.250 Reports of resources and liabilities 30.08.190 civil penalty for violation 30.08.180 Resources and liabilities, report 30.08.180, 30.08.190 Rules copies mailed to each bank and trust company 30.04.030 examinations and reports, rules and regulations to cover 30.04.030 Rules and regulations director of financial institutions of banking to adopt 30.04.030 violations, civil penalty 30.04.050 Safe deposit boxes, liquidation and winding up, disposition of contents, escheat to state 30.44.220 (2008 Ed.) TRUSTEES Saturday closing permitted, legal effect 30.04.330 Savings bank includes trust company department that accepts savings deposits 30.04.010 Savings deposits rules and regulations 30.20.060 Securities deposit, authorized depositories 30.04.240 may be held in name of nominee 30.08.170 of public bodies, powers 30.08.150 Sinking fund, receipt and management 30.08.150 Stabilization deposits postponement of payments of authorized, when 30.56.020 business during 30.56.030 deposits during, separation, deemed trust funds 30.56.040 liquidation, not grounds for 30.56.030 order of director of financial institutions for 30.56.020 reorganization plan, ratable reductions of depositor or creditor demands 30.56.050 reorganization plan approval 30.56.060 dividends, no payment until reductions to creditors paid 30.56.070 failure to pay off in excess of plan, effect 30.56.080 new bank, authorization for 30.56.090 ratable reductions of depositor or creditor demands 30.56.060 Stock assessments, levy of, enforcement sale of stock 30.12.180 certificates not required 30.08.081 deemed personal property 30.04.120 loans on own stock as security prohibited 30.04.120 one vote per share 30.12.010 preemptive right of shareholders to acquire unissued shares 30.12.220 preferred impairment of capital, determination 30.08.086 issuance authority 30.08.082 rights, dividends, liquidation 30.08.084 series authority to establish 30.08.083 special classes issuance authority 30.08.082 rights of holders 30.08.084 transfer record to be kept 30.12.020 Stockholders liability effect when obligations federally insured Const. Art. 12 § 11 extent of Const. Art. 12 § 11 preemptive right to acquire unissued shares 30.12.220 record of to be kept 30.12.020 right to vote 30.12.010 vote by proxy 30.12.010 Surety bonds for officers and employees 30.12.030 Surplus and undivided profits required upon formation 30.08.010 Temporary cease or desist orders grounds 30.04.455 injunction to enforce 30.04.465 injunction to set aside 30.04.460 Transfers in contemplation of insolvency void, penalty 30.44.110 Travel agents trust company may not act as 30.04.127 Trust business commingling trust funds or securities prohibited, penalty 30.04.240 defined 30.04.010 separation from other business 30.04.240 Trust company defined 30.04.010 (2008 Ed.) Trust execution and powers 30.08.150 Trust funds loans to officers or employees from prohibited, penalty 30.12.120 Trustee, power to act as 30.08.150 Trustees change in form of corporate trustees 11.98.065 Uniform common trust fund act short title 11.102.050 Uniform money services act Ch. 19.230 Unsound or illegal practices administrative hearings, procedures, judicial review 30.04.475 cease and desist orders 30.04.450 judicial enforcement of administrative orders 30.04.475 temporary cease and desist orders grounds 30.04.455 injunction to set aside 30.04.460, 30.04.465 Voting proxy, right to vote by 30.12.010 stockholder’s right to 30.12.010 Winding up at expiration of term 30.08.080 TRUST DEEDS Encumbrances of registered land 65.12.420 Mortgages, deemed as 65.12.430 TRUST FUNDS Public works contract, labor and material liens 60.28.010 TRUST LANDS (See PUBLIC LANDS, subtitle Trust lands) TRUSTEES Absentees’ estates administration of 11.80.010 appointment of temporary trustee 11.80.010 continuation of absentee’s business 11.80.055 costs and expenses of trustee, application of proceeds of estate 11.80.040 performance of absentee’s contracts 11.80.055 summary procedure without full trustee proceeding, when permitted, application for order, form 11.80.130 Accounting annual statement, contents 11.106.020 excepted trusts 11.106.010 filings accounting upon petition 11.106.050 annual statement 11.106.020 final accounts 11.106.030 intermediate account 11.106.030 objections to accounting 11.106.060 intermediate contents 11.106.030 filing 11.106.030 modification under chapter 11.97 RCW effect on waiver 11.106.110 petition for accounting appeal from decree 11.106.090 approval or disapproval by court 11.106.070 court may require 11.106.040 decree, effect 11.106.080 filing of accounting 11.106.050 notice of filing 11.106.050 objections, filing of 11.106.060 representation of beneficiaries, etc. 11.106.060 return day 11.106.050 settlement of accounts appeal from decree 11.106.090 approval or disapproval by court 11.106.070 decree, effect 11.106.080 filing of accounting 11.106.050 notice of filing 11.106.050 objections, filing of 11.106.060 petition for accounting 11.106.040 representation of beneficiaries, etc. 11.106.060 return day 11.106.050 waiver of accounting requirements beneficiary 11.106.100 Actions against fiduciary duties, breach of, statute of limitations 4.16.370 Administration transfer to another jurisdiction 11.98.045, 11.98.051, 11.98.055 Appointment for state institutions Const. Art. 13 §1 Assets transfer to trustee in another jurisdiction 11.98.045, 11.98.051, 11.98.055 Beneficiary trustee absolute power, disregard of provision conferring 11.98.210 applicability of law 11.98.240 cause of action 11.98.240 income under marital deduction 11.98.230 inference of law 11.98.220 judicial review 11.98.220 limitations on power 11.98.200 removal or replacement power 11.98.210 spousal power of appointment 11.98.230 Bonds, release of surety from bond, procedure 19.72.110 Breach of trust, nonliability of third persons without knowledge of breach 11.98.090 Change of trustee 11.98.041 Contract and tort liability 11.98.110 Contracts liability of successor fiduciary on 11.98.039 Corporate trustee change in form of 11.98.065 Costs for or against 4.84.150 Co-trustees exercise or powers by 11.98.016 liability of dissenting trustee 11.98.016 relinquishment of power 11.98.019 survivor, power to exercise trust 11.98.016 Deeds of trust, See DEEDS OF TRUST Delivery of subject matter of litigation to party, court may order enforcement 4.44.490 when 4.44.480 Deposits into court court may order enforcement 4.44.490 when 4.44.480 custody of money deposited 4.44.500 Discharge 11.98.041 Dissenting trustee’s liability 11.98.016 Ejectment and quieting title actions, appointment of trustee for absent or nonresident defendant 7.28.010 Estate and trust dispute resolution Ch. 11.96A Execution against property held in trust exemption where trust for person other than judgment debtor 6.32.250 Execution against property in custody of, writ contents 6.17.110 Exoneration from trust property for personal tort liability 11.98.110 Expertise higher standard 11.100.020 Fiduciary defined 11.98.039 Fiduciary duties, breach of statute of limitations 4.16.370 Housing authority bonds, legal investments 35.82.220 Insurance group life insurance generally 48.24.070 trustee groups 48.24.070 insurable interest in lives of certain persons 48.18.030 life, use of trust funds authorized 11.100.120 Intercounty rural library districts, board of trustees, See LIBRARIES, subtitle Intercounty rural library districts Investment in common trust funds accounting 11.102.020 "affiliated" defined 11.102.010 application of chapter 11.102.030 [RCW Index—page 765] TRUSTS authorized, exception 11.102.010 construction of chapter 11.102.040 uniform act Ch. 11.102 Investment of funds 39.60.050 Investment of trust funds application of chapter 11.100.050 authorized investments Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 commercial accounts 11.100.037 criteria to be followed 11.100.020 deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060, 11.100.130 governed by this chapter 11.100.010 instrument authorized investment, defined 11.100.070 deviation upon court permission 11.100.040 legal investment, defined 11.100.070 insurance, life, purchase authorized 11.100.120 investment trust or company securities, authorized investment 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060, 11.100.130 life insurance, purchase authorized 11.100.120 marital deduction interests 11.100.025 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts collateral security 11.100.030, 11.100.037 federally insured 11.100.030, 11.100.037 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 Investments insurance, trustee’s obligations 48.13.090 United States corporation bonds 39.60.010 Jurisdiction transfer administration to another jurisdiction 11.98.045, 11.98.051, 11.98.055 transfer of assets to trustee in another jurisdiction 11.98.045, 11.98.051, 11.98.055 Liability contracts 11.98.039 dissenting trustee 11.98.016 lack of knowledge of event, nonliability of trustee 11.98.100 third person not liable for breach of trust without knowledge of breach 11.98.090 torts 11.98.039, 11.98.110 Liability of person acting for designated trustee 11.100.130 Life insurance, use of trust funds authorized 11.100.120 Life insurance policy designation of trustee as beneficiary 11.98.170 Mutual savings banks Ch. 32.16 Nonjudicial change of trustee 11.98.039 Nonroutine transactions notice and procedure 11.100.140 Person acting in place of, liability 11.100.130 Personal representative successor fiduciary 11.98.039 Powers co-trustee 11.98.016 enumerated 11.98.070 relinquishment by co-trustee 11.98.019 successor fiduciary 11.98.060 successor trustee 11.98.060 Principal and income act of 2002 Ch. 11.104A Probate qualifications 11.36.021 Qualifications 11.36.021 Registered land, authority to deal in 65.12.600 Registration of land 65.12.500 Resignation of trustee, procedure 11.98.029 [RCW Index—page 766] Savings and loan association, trustee may be member of 33.20.060 Setoff against beneficiary in trust estate 4.32.120 defendant trustees, by 4.32.140 Special skills higher standard 11.100.020 Statute of limitations fiduciary duties, breach of 4.16.370 Successor fiduciary appointment of 11.98.039 liability 11.98.039 personal representative 11.98.039 petition for appointment of 11.98.039 powers and duties 11.98.060 Successor trustee powers and duties 11.98.060 successor fiduciary includes trustee and personal representative 11.98.039 Survivor trustee, power to exercise trust 11.98.016 Torts, liability of successor fiduciary for tort 11.98.039 Transfer administration to another jurisdiction 11.98.045, 11.98.051, 11.98.055 Transfer of assets to trustee in another jurisdiction 11.98.045, 11.98.051, 11.98.055 Trust and estate dispute resolution Ch. 11.96A Trust companies, power to act as trustee 30.08.150 Trustor’s powers 11.97.010 Uniform common trust fund act short title 11.102.050 Vacancies 11.98.041 Vacancy, petition for appointment to fill, appointment 11.98.039 Washington trust act Ch. 11.98 TRUSTS Accounting annual statement, contents 11.106.020 excepted trust 11.106.010 filings accounting upon petition 11.106.050 annual statement 11.106.020 final account 11.106.030 intermediate account 11.106.030 objections to accounting 11.106.060 intermediate contents 11.106.030 filing 11.106.030 modification under chapter 11.97 RCW effect on waiver 11.106.110 settlement of accounts appeal from decree 11.106.090 decree, effect 11.106.080 filing of accounting 11.106.050 notice of filing 11.106.050 objections, filing of 11.106.060 petition for accounting 11.106.040 representation of beneficiaries, etc. 11.106.060 return day 11.106.050 waiver of accounting requirements beneficiary 11.106.100 Administration transfer to another jurisdiction 11.98.045, 11.98.051, 11.98.055 Animals accounting requirements 11.118.060 chapter, application 11.118.110 definitions 11.118.010 enforcement of provisions 11.118.050 perpetuities, application of rule against 11.118.090 termination 11.118.040 trust language, construction 11.118.080 trustee, appointment and removal 11.118.070 trustee, powers 11.118.100 use of principal or income 11.118.030 validity 11.118.020 Assets transfer to trustee in another jurisdiction 11.98.045, 11.98.051, 11.98.055 Beneficiary trustee absolute power, disregard of provision conferring 11.98.210 applicability of law 11.98.240 cause of action 11.98.240 income under marital deduction 11.98.230 inference of law 11.98.220 judicial review 11.98.220 limitations on power 11.98.200 removal or replacement power 11.98.210 spousal power of appointment 11.98.230 Charitable trusts attorney general court review of orders relating to 11.110.110 enforcement of orders relating to 11.110.110 investigative authority 11.110.100 notification of judicial proceedings regarding charitable trusts, to receive 11.110.120 orders to trustees to appear 11.110.110 proceedings to secure compliance with orders 11.110.120 court review of orders of attorney general 11.110.110 definitions 11.110.020 enforcement of orders to appear 11.110.100 filing requirements 11.110.060 investigations by attorney general, authorized 11.110.100 judicial proceedings, copies of relating to filed with attorney general 11.110.120 order to appear to trustee by attorney general 11.110.110 effect 11.110.110 penalty for violations 11.110.140 powers and duties of attorney general related to are in addition to other powers and duties 11.110.120 proceedings to secure compliance with orders of attorney general 11.110.120 public records, availability 11.110.040 purpose of chapter 11.110.010 tax or information return or report, filing 11.110.070 tax reform act of 1969 application to 11.110.200 amendment to existing trust 11.110.250 trusts created after June 10, 1971 11.110.250 rights and powers of attorney general not impaired 11.110.230 rights and powers of court not impaired 11.110.230 state implementation 11.110.200 trust instruments deemed to contain prohibiting provisions 11.110.210 certain provisions for distribution 11.110.220 trustees, registration requirements 11.110.051 trusts not exclusively for charitable purposes access to information 11.110.075 uniformity of laws with other state laws 11.110.090 violations civil action by attorney general 11.110.130 penalty 11.110.140 refusal to comply with rules promulgated by secretary of state 11.110.125 file reports 11.110.125 perform duties 11.110.125 Cities and towns, property acquired at local improvement proceedings, disposition 35.53.010, 35.53.020, 35.53.030, 35.53.040, 35.53.050, 35.53.060, 35.53.070 Common trust funds under multiple trust agreements mutual savings bank authority as trustee 32.08.215 Consolidation of 11.98.080 Corpus life insurance 48.18.450 (2008 Ed.) TUNNELS Deeds of trust, See DEEDS OF TRUST Dispute resolution arbitration procedure 11.96A.310 binding nonjudicial agreements 11.96A.210, 11.96A.220, 11.96A.230, 11.96A.240 compliance 11.96A.320 courts’ authority 11.96A.020, 11.96A.060, 11.96A.090 definitions 11.96A.030 discovery 11.95A.115, 11.96A.115 judicial proceedings 11.96A.080, 11.96A.100, 11.96A.110, 11.96A.120, 11.96A.130, 11.96A.140, 11.96A.150, 11.96A.160, 11.96A.170, 11.96A.180, 11.96A.190, 11.96A.200 jurisdiction 11.96A.040 mediation procedure 11.96A.300 party-initiated mediation and arbitration 11.96A.260, 11.96A.270, 11.96A.280 special representative 11.96A.250 statutes of limitations 11.96A.070 superior court venue 11.96A.290 venue 11.96A.050 Execution against property held in trust, exemption where trust from person other than judgment debtor 6.32.250 Fiduciaries successor fiduciaries 11.98.039 Fiduciary defined 11.98.039 Forfeiture of property and franchise may be enforced against monopolies Const. Art. 12 § 22 Gift distribution application of chapter 11.108.900 definitions 11.108.010 legislative findings, interpretations 11.108.070 marital deduction construction of certain marital deduction formula bequests 11.108.040 marital deduction gift compliance with internal revenue code 11.108.020 election or allocation under internal revenue code 11.108.025 survivorship requirement 11.108.060 trust governance 11.108.050 nonjudicial resolution of disputes 11.108.900 pecuniary bequest valuation of assets if other than money 11.108.030 Gifts testamentary power of appointment included 11.12.250 Gifts to, validity 11.12.250 Health and welfare benefit trusts existing health and welfare benefit trust program, compliance requirements 48.62.123 self-insuring local governments authorized to participate in 48.62.121 Incorporation by reference wills 11.12.255 Industrial development districts, county tax title land 53.25.060, 53.25.070, 53.25.080 Insurance, life, use of trust funds authorized 11.100.120 Investment in common trust funds accounting 11.102.020 "affiliated" defined 11.102.010 application of chapter 11.102.030 authorized, exception 11.102.010 construction of chapter 11.102.040 uniform act Ch. 11.102 Investment of trust funds application of chapter 11.100.050 authorized investments Ch. 11.100 buying or selling for self or affiliate prohibited 11.100.090 controlled by this chapter 11.100.010 criteria to be followed 11.100.020 (2008 Ed.) deviation from instrument, court permission 11.100.040 duty to beneficiaries 11.100.045, 11.100.047 eligible securities Ch. 11.100 estate guardian funds are trust funds 11.100.015 fiduciary may hold trust property, liability 11.100.060 instrument authorized investment, defined 11.100.070 deviation upon court permission 11.100.040 legal investment, defined 11.100.070 insurance, life, purchase authorized 11.100.120 investment trust or company securities, authorized 11.100.035 jurisdiction of court 11.100.040 liability 11.100.060 life insurance, purchase authorized 11.100.120 marital deduction interests 11.100.025 new or untried enterprises 11.100.023 prudent person rule 11.100.020 savings accounts federally insured, authorized 11.100.030 self-dealing prohibited 11.100.090 total asset management approach 11.100.020 Jurisdiction transfer administration to another jurisdiction 11.98.045, 11.98.051, 11.98.055 transfer of assets to trustee in another jurisdiction 11.98.045, 11.98.051, 11.98.055 Land 64.04.010 Liability of person acting for designated trustee 11.100.130 Life insurance corpus, as 48.18.450 designating trustee as beneficiary to be named by will 48.18.452 failure of trustee to make claim to proceeds, disposition 48.18.452 payment of proceeds to trustee authorized 48.18.450 use of trust funds authorized 11.100.120 Life insurance policy designation of trustee as beneficiary 11.98.170 Living trusts estate distribution documents Ch. 19.295 Marital deduction construction of certain marital deduction formula bequests 11.108.040 Marital deduction gift compliance with internal revenue code 11.108.020 election or allocation under internal revenue code 11.108.025 survivorship requirement 11.108.060 trust governance 11.108.050 Massachusetts trusts authorized 23.90.030 defined 23.90.020 fees, payment of, computation 23.90.040 filings business name and address 23.90.040 trust instruments and amendments 23.90.040 trustees’ names and addresses 23.90.040 filings trust instrument 23.90.040 powers and duties 23.90.040 reports, making of 23.90.040 rules and regulations 23.90.040 service of process upon 23.90.040 taxes, payment of, computation 23.90.040 Minors, transfers to Ch. 11.114 Nonjudicial resolution of disputes 11.108.900 Nonroutine transactions notice and procedure 11.100.140 Pecuniary bequest valuation of assets if other than money 11.108.030 Power of appointment gift 11.12.250 Powers of trust companies federally chartered companies 30.08.155 Principal and income act of 2002 Ch. 11.104A Prohibition of monopolies and trusts Const. Art. 12 § 22 Restraint of trade, trusts in restraint of trade unlawful Const. Art. 12 § 22 Rule against perpetuities 11.98.130, 11.98.140, 11.98.150, 11.98.160 Testamentary gifts to trusts 11.12.250 Testamentary trusts gifts to, validity 11.12.250 Transfer administration to another jurisdiction 11.98.045, 11.98.051, 11.98.055 Transfer of assets to trustee in another jurisdiction 11.98.045, 11.98.051, 11.98.055 Trust act Ch. 11.98 Trust and estate dispute resolution act (TEDRA) Ch. 11.96A Trust companies, powers 30.08.155 Trust companies, powers as to trusts 30.08.150 Trustees, See TRUSTEES Unclaimed property held by agents or fiduciaries 63.29.120 Uniform common trust fund act short title 11.102.050 Vesting rule against perpetuities 11.98.140, 11.98.150 Washington trust act Ch. 11.98 Wills incorporation of writings by reference 11.12.255 TUBERCULOSIS Control confinement of person with active tuberculosis 70.28.037 definitions 70.28.008 due process standards 70.28.032 health officers’ powers and duties 70.28.031 health officials’ power to control 70.28.005 payment for treatment 70.30.045 record of reports, local health departments to maintain 70.28.020 report of cases 70.28.010, 70.28.032 secretary of health’s responsibilities 70.28.025 training requirements 70.28.032 treatment, isolation, or examination order of health officer 70.28.033, 70.28.035 Counties hospitals, See also COUNTIES, subtitle County hospitals Dairy herds health requirements 15.36.161 Hospitals and facilities admissions 70.30.061 annual inspection 70.30.081 definitions 70.30.015 funding 70.30.055 TUGS AND WHARF BOATS (See also VESSELS AND SHIPPING) Cities and towns, first class cities, regulation and control of 35.22.280 Logs and logging, liens for labor 60.24.020 TULALIP INDIANS Retrocession of criminal jurisdiction 37.12.100, 37.12.110, 37.12.120 TUNNEL DISTRICTS Bonds, mutual savings banks may investment in 32.20.110 Dissolution, generally Ch. 53.48 TUNNELS Cities and towns authority to construct 35.85.050 Compressed air work, See LABOR, subtitle Underground work Insurance for, See INSURANCE, subtitle Marine and transportation insurance Port districts, authority to construct 53.34.010 Toll tunnels authorization 47.56.075 [RCW Index—page 767] TURKEY SHOOTS contributions to project by city or town, county or political subdivision authorized 47.56.250 created after July 1, 2008 47.56.805, 47.56.810, 47.56.820, 47.56.830, 47.56.840, 47.56.850, 47.56.860 credit permits for vehicular traffic on authorized 47.56.247 cash deposit or bond requirement 47.56.248 department of transportation powers and duties relating to, generally 47.56.070 disposition of moneys received 47.56.257 granting of franchises on authorized 47.56.256 permits, leases, or licenses to governmental entities to use facilities authorized 47.56.253 disposition of moneys received 47.56.257 sale of property execution, delivery of deed 47.56.255 sale of property, authorized 47.56.254 disposition of moneys received 47.56.257 sale of unneeded property to governmental entities, execution, delivery of deed disposition of moneys received 47.56.257 TURKEY SHOOTS Authorized 9.46.0361 UMPIRES (See ATHLETICS AND SPORTS) UNCLAIMED PROPERTY Abandonment intangible property presumption when held by court or public entity for two years 63.29.130 Abandonment presumed general rule, exceptions 63.29.020 Administrative costs trust fund 63.29.230 Agents and fiduciaries, held by 63.29.120 Bailee, in possession notice to owner 63.24.150 Bailee, reimbursement for reasonable costs 63.24.170 Bailee not liable to owner 63.24.170 Bank deposits and funds 63.29.060 Business associations after dissolution 63.29.110 Checks, drafts 63.29.050 City current expense fund proceeds of police sale 63.32.030 Claims another state 63.29.250 challenge in superior court 63.29.260 filing and payment procedure 63.29.240 paid from trust fund 63.29.230 Clarification of application of uniform act 63.29.900 Confidential, records and information 63.29.380 County current expense fund, proceeds of sheriff sale paid to 63.40.030 Crediting of dividends, interest, or increments to owner 63.29.210 Custody when the state may take 63.29.030 Definitions 63.29.010 Deposits held by utilities 63.29.080 Dies, molds, and forms customer’s title and rights 63.52.010 definitions 63.52.005 transfer of title and rights to molder 63.52.010 Disposition of 63.24.160 Donation to nonprofit charitable organization 63.32.050, 63.40.060, 63.35.065 Enforcement court action by department 63.29.320 Evidence police in possession, manner of disposal 63.32.010 sheriff in possession, manner of disposal 63.40.010 Examination and requests by department of revenue of possible holders 63.29.300 Exclusions from lost and found law 63.21.080 Foreign transactions 63.29.360 Funds [RCW Index—page 768] deposit in general fund 63.29.230 Gift certificates, generally Ch. 19.240 Gift certificates or credit 63.29.140 Held by court or public entity presumption of abandonment of intangible property after two years 63.29.130 Hotel or innkeeper guests, storage and disposal of property 19.48.070 Inmate personal property presumed abandoned Ch. 63.42 Inmates, See CORRECTIONS, DEPARTMENT OF, subtitle Inmate personal property, unclaimed Insurers, liquidation of unclaimed funds 48.31.155 Intangible property presumption of abandonment after two years 63.29.130 Interstate agreements, cooperation, and reciprocity authorized 63.29.330 Landlord, held by as result of sheriff’s sale 63.29.133 Liability delivery to department transfers 63.29.200 Life insurance funds owing 63.29.070 Museums or historical societies 63.26.010, 63.26.020, 63.26.030, 63.26.040, 63.26.050 Notice and publication, information about property 63.29.180 Notice of sale police in possession 63.32.020 sheriff in possession 63.40.020 Owner police sale, reimbursement to 63.32.040 sheriff sale, reimbursement to 63.40.040 Payment or delivery to department of revenue department may decline 63.29.270 department may destroy 63.29.280 prior to abandonment 63.29.270 procedure 63.29.190 Penalties, interest 63.29.340, 63.29.350 Police in possession evidence, manner of disposal 63.32.010 sale disposition of proceeds 63.32.030 notice of 63.32.020 reimbursement to owner 63.32.040 when authorized 63.32.010 Police pension fund, proceeds of police sale 63.32.030 Prospective application of uniform act 63.29.900 Public auction, property in hands of bailee police in possession 63.32.010 sheriff in possession 63.40.010 Public sale proceeds to general fund 63.29.230 Public sale of abandoned property 63.29.220 Refunds held by businesses 63.29.090 Report of confidential 63.29.380 requirements 63.29.170 retention of records by holder 63.29.310 Rule adoption authority of department of revenue 63.29.370 Safe deposit boxes 63.29.160 Safe deposit boxes, See also SAFE DEPOSIT BOXES Sale of when police in possession 63.32.010 when sheriff in possession 63.40.010 Self-service storage facilities presumption of abandonment 63.29.165 Sheriff in possession evidence, manner of disposal 63.40.010 exclusive provisions 63.40.050 sale disposition of proceeds 63.40.030 notice of 63.40.020 reimbursement to owner 63.40.040 when authorized 63.40.010 State patrol, disposition of applicability of other statutes 63.35.060 definitions 63.35.010 distribution of proceeds 63.35.040 methods, sale, retention, destruction, or trade 63.35.020 notice of sale 63.35.030 reimbursement of owner 63.35.050 Statute of limitations 63.29.290 Stock and other intangible interests 63.29.100 Travelers checks and money orders 63.29.040 Uniform disposition of unclaimed property act notice of sale police in possession 63.32.020 sheriff in possession 63.40.020 Uniform unclaimed property act administrative costs trust fund 63.29.230 agents and fiduciaries, held by 63.29.120 bank deposits and funds 63.29.060 business associations after dissolution 63.29.110 checks, drafts 63.29.050 claims another state 63.29.250 challenge in superior court 63.29.260 filing and payment procedure 63.29.240 paid from trust fund 63.29.230 clarification of application 63.29.900 confidential, records and information 63.29.380 crediting of dividends, interest, or increments to owner 63.29.210 custody when the state may take 63.29.030 definitions 63.29.010 deposits held by utilities 63.29.080 enforcement court action by department 63.29.320 examination and requests by department of revenue of possible holders 63.29.300 foreign transactions 63.29.360 funds deposit in general fund 63.29.230 gift certificates or credit 63.29.140 intangible property presumption of abandonment after two years 63.29.130 interstate agreements, cooperation, and reciprocity authorized 63.29.330 landlord, held by as result of sheriff’s sale 63.29.133 liability delivery to department transfers 63.29.200 life insurance funds owing 63.29.070 notice and publication, information about property 63.29.180 payment or delivery of abandoned property to department of revenue 63.29.190 payment or delivery to department of revenue department may decline 63.29.270 department may destroy 63.29.280 prior to abandonment 63.29.270 penalties, interest 63.29.340, 63.29.350 presumption of abandonment 63.29.020 prospective application 63.29.900 public sale proceeds to general fund 63.29.230 public sale of abandoned property 63.29.220 refunds held by businesses 63.29.090 report of confidential 63.29.380 retention of records by holder 63.29.310 report of abandoned property requirements 63.29.170 rule adoption authority of department 63.29.370 safe deposit boxes 63.29.160 statute of limitations 63.29.290 stock and other intangible interests 63.29.100 travelers checks and money orders 63.29.040 wages 63.29.150 Wages 63.29.150 (2008 Ed.) UNEMPLOYMENT COMPENSATION Watercraft adrift, See VESSELS AND SHIPPING UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES Cities and towns application of local improvement law to 35.96.060 assessments, special 35.96.030 authority deemed alternative and additional 35.96.080 contracts for conversion, provisions of 35.96.040 conversion authorized 35.96.030 procedure 35.96.050 declaration of public interest 35.96.010 definitions 35.96.020 local improvement districts 35.96.030 local improvement law, application to 35.96.060 prior debts, contracts, obligations, etc., incidental to conversion, validation of 35.96.070 procedure, notice, objections, hearing, time limit for conversion 35.96.050 purpose 35.96.010 special assessments 35.96.030 validation of preexisting debts, contracts, obligations, etc. relating to conversion 35.96.070 Counties contracts 36.88.430 contracts with electric and communication utilities, authorized, provisions 36.88.440 country road improvement district law, applicability of general provisions of 36.88.480 county road improvement districts, special assessments 36.88.430 declaration of public interest 36.88.410 definitions 36.88.420 powers of county relating to 36.88.430 procedure to convert, notice, objections, hearing, time limitation 36.88.450 purpose 36.88.410 special assessments 36.88.430 utility conversion guarantee fund deposits 36.88.460 establishment authorized, purpose, deposits, investments 36.88.460 investments 36.88.460 operation 36.88.470 purpose 36.88.460 Recording of underground utility installation, filing 36.88.485 UNDERGROUND PETROLEUM STORAGE TANKS Financial assistance to small communities certification 70.148.170 criteria 70.148.130 legislative intent 70.148.120 private owner or operator 70.148.140 public owner or operator 70.148.150 rural hospitals 70.148.160 Financial responsibility program legislative findings and intent 70.148.005 Heating oil pollution liability protection Ch. 70.149 Pollution liability insurance program ad hoc committees 70.148.030 administration 70.148.030 cancellation or refusal by insurer, appeal 70.148.080 definitions 70.148.010 director powers and duties 70.148.050 rule-making authority 70.148.040 disclosure of proprietary reports and information, penalties for unauthorized disclosures 70.148.060 exemption from Title 48 RCW, exceptions 70.148.090 (2008 Ed.) insurer selection process, criteria 70.148.070 legislative findings and intent 70.148.005 program design and cost coverage 70.148.035 reservation of legislative power 70.148.110 trust account 70.148.020 UNDERGROUND STORAGE TANKS Findings, intent 90.76.005 Leakage prevention annual tank fees 90.76.090 definitions 90.76.010 delivery of regulated substances 90.76.050 ecology department, powers and duties 90.76.020 enforcement 90.76.070 environmentally sensitive areas, designation 90.76.040 investigation and access 90.76.060 penalties for violations 90.76.080 state preemption of regulation 90.76.110 underground storage tank account 90.76.100 Pollution liability insurance program reinsurance 70.148.025 Program termination 43.131.393, 43.131.394 Tax imposed on petroleum products Ch. 82.23A UNDERGROUND UTILITIES (See UTILITIES, subtitle Underground utility location) UNDERGROUND WORK (See LABOR, subtitle Underground work) UNDERTAKERS (See FUNERAL DIRECTORS AND EMBALMERS) UNDERWATER PARKS (See PARKS AND RECREATION) UNDERWRITERS Policies, generally 48.18.250 UNEMPLOYMENT COMPENSATION Administration commissioner cooperation with federal authorities 50.12.180 delegation of duties 50.12.020 duties and powers, generally 50.12.010 employment stabilization, duty of 50.12.190 oaths and affirmations 50.12.130 personnel, appointment of 50.12.020 review of decisions, generally 50.32.070, 50.32.080, 50.32.090 state advisory council, appointment of, travel expenses 50.12.200 personnel, appointment by commissioner 50.12.020 records arbitrary reports 50.12.080 compulsory production of 50.12.100 destruction of 50.12.140 employing units 50.12.080 interstate use 50.12.090 work records, report of delinquency, penalty 50.12.220 work records and reports required 50.12.070 self-incrimination, protection against 50.12.120 rule-making authority 50.12.040, 50.12.042 rules and regulations generally 50.12.010 publication 50.12.160 state-federal cooperation, generally 50.12.180 Agricultural labor definitions 50.04.150 legislative intent 49.30.005 unemployment compensation general 50.04.155 previously uncovered services 50.98.100 Aliens benefits, eligibility 50.20.098, 50.20.099 included 50.04.205 nonresident employment defined 50.04.206 previously uncovered services 50.98.100 Alternative base year, definition 50.04.020 Annual report, wage and benefit history 50.62.040 Appeals assessments, orders and notice of 50.32.030 benefits filing 50.32.020 benefits determination or claim procedure 50.32.040 contributions, procedure 50.32.050 costs and fees 50.32.100, 50.32.110 courts attorneys’ fees 50.32.160 costs, charges and expenses 50.32.190 jurisdiction 50.32.150 decisions final by agreement 50.32.170 employer experience rating 50.29.070 filing appeal, or petition, by mail, when deemed filed and received 50.32.025 mailing, deemed filed and received, time for 50.32.025 review by commissioner 50.32.070, 50.32.080, 50.32.090 time of, filing, when deemed filed and received 50.32.025 tribunals to hear and decide conduct of hearing 50.32.060 creation 50.32.010 waiver of time limitations 50.32.075 Appeals, hearings, review precedent certain decisions designated 50.32.095 Average annual and weekly wage, qualifying annual and weekly wage, computation 50.04.355 Barbers, cosmetologists booth renters, excepted 50.04.225 Base year, definition 50.04.020 Benefit ratios 50.29.025, 50.29.027 Benefit year, definitions 50.04.030 Benefits, definitions 50.04.040 Benefits and claims aliens, eligibility 50.20.098, 50.20.099 amount of benefits 50.20.120 extended benefits conditions 50.20.120 applications generally 50.20.140 notice of 50.20.150 approved training eligibility 50.20.118 assignment of 50.40.020 athletes, sports participants 50.20.113 average weekly wage 50.20.120 back pay awards recovery of benefits 50.20.190 benefit eligibility conditions 50.20.010 deductions from weekly benefit amount 50.20.130 denial 50.20.180 disqualification felony or gross misdemeanor 50.20.065 labor disputes 50.20.090 misconduct 50.20.060 misconduct or gross misconduct 50.20.066 misrepresentation 50.20.070 refusal to work 50.20.080 voluntary quitting 50.20.050 disqualification for receipt of industrial insurance disability benefits 50.20.085 employer benefit charges notice of 50.29.070 review and redetermination 50.29.070 exemption of 50.40.020 extended benefits requirement 50.20.010 health care professionals, hepatitis C 50.20.041 ineligible failure to attend job search workshop or training course 50.20.044 job search, registration in electronic labor exchange system 50.20.230 job search monitoring program 50.20.240 jury service, effect of 50.20.117 [RCW Index—page 769] UNEMPLOYMENT COMPENSATION limitation on state’s liability 50.20.200 maximum amount payable weekly, limit 50.20.120 overpayments, recovery 50.20.190 part-time workers 50.20.119 payment 50.20.170 pledge or encumbrance of 50.40.020 profiling system to identify persons likely to exhaust benefits 50.20.011, 50.20.012 recovery of payments, assessed interest use 50.20.195 recovery of payments, procedure 50.20.190 redetermination 50.20.160 rights to, vesting 50.40.040 students, disqualification 50.20.095 suitable work exceptions 50.20.110 factors to consider 50.20.100 training 50.20.043, 50.22.150 unemployment due to vacation 50.20.115 waiting period credit limitations 50.20.020 waiver of 50.40.010 weekly benefit amount 50.20.120 Benefits determination or claim, appeal procedure 50.32.040 Calendar quarter, definitions 50.04.050 Casual labor, definitions 50.04.270 Coemployer, client employer 50.04.298 Collective bargaining agreement, period covered by not unemployed 50.04.310 Commissioner definitions 50.04.060 Common paymaster of pay agent definition 50.04.065 Confidentiality of records Ch. 50.13 Conservation corps members exempt 43.220.170 Construction of laws, generally Ch. 50.98 Contractors liability for contributions 50.24.130 performing work for, when not employment criteria 50.04.145 Contribution rates, employers 50.29.025 notice to employer 50.29.070 Contribution rates, predecessor and successor employers 50.29.062, 50.29.063 Contributions definitions 50.04.070 delinquency, penalty 50.12.220 includes payments in lieu of contributions 50.04.073 Contributions as tax 50.04.072 Contributions by employers adjustments 50.24.150 assessment jeopardy 50.24.080 order and notice of 50.24.070 warrants 50.24.115 benefit ratios 50.29.025, 50.29.027 collection chargeoff of uncollectible accounts 50.24.200 civil actions 50.24.120 client employer 50.24.220 cumulative 50.24.140 delinquent payments in lieu of contributions from political subdivisions, collection of 50.24.125 collection by warrants 50.24.115 compromise, authority to 50.24.020 contractor’s and principal’s liability 50.24.130 coverage, election of 50.24.160 delinquency, penalty 50.12.220 delinquent, interest on 50.24.040 distraint, seizure and sale generally 50.24.090 procedure 50.24.100 employer experience rating 50.29.025 employer experience rating, predecessor and successor employer contribution rates 50.29.062, 50.29.063 [RCW Index—page 770] erroneous payments to United States or other state 50.24.030 injunction proceedings 50.24.180 joint accounts 50.24.170 lien for 50.24.050, 50.24.060 limitation of actions 50.24.190 modification of rate 50.29.025 payment, generally 50.24.010 rate, notice to employer 50.29.070 refunds 50.24.150 termination or disposal of business contributions become immediately due and payable 50.24.210 corporate or limited liability company 50.24.230 successor’s liability for contributions 50.24.210 uncollectible accounts, chargeoff 50.24.200 withhold and deliver orders, authority for 50.24.110 Corporate officers inclusion, employer’s election 50.04.165 Cosmetologists, barbers booth renters, excepted 50.04.225 Definitions, generally Ch. 50.04 Department of employment security creation 50.08.010 divisions established 50.08.020 Discharge of employees, concealing cause of, penalty 50.36.030 Discharge or suspension, disqualification 50.20.060, 50.20.065 Disclosure child support 50.40.050 Dislocated worker defined 50.04.075 employment opportunities and enrollee benefits 50.70.030 employment security department duties 50.70.040 natural resources department duties 50.70.050 training 50.20.042, 50.20.043, 50.22.150 training, funding 50.22.140, 50.24.014 Domestic service, definitions for 50.04.160 Educational institutions academic year, definition 50.44.050 benefits, terms and conditions 50.44.050 Employer experience rating appeals 50.29.070 benefit ratio 50.29.025 computation date, defined 50.29.010 contribution rates client employers 50.29.090 computation 50.29.070 determination 50.29.025 modification 50.29.025 redetermination 50.29.080 solvency surcharge 50.29.041 cut-off date, defined 50.29.010 definitions 50.29.010 experience rating accounts benefits charged to, exclusions 50.29.020, 50.29.021 establishment 50.29.020, 50.29.021 quarterly notice of benefits paid and benefits charged 50.29.065 experience rating credit 50.29.020, 50.29.021 hearings 50.29.070 notices to employers 50.29.070 payroll, defined 50.29.010 predecessor and successor employer contribution rates, computation 50.29.062, 50.29.063 qualification date, defined 50.29.010 qualified employer, defined 50.29.010 rate year, defined 50.29.010 relief of benefit charges, eligibility for 50.29.020, 50.29.021 review and redetermination, request for 50.29.070 wages, for purpose of prorating benefit charges 50.29.030 Employer experience ratio benefit ratios 50.29.027 Employers definitions 50.04.080 violation by 50.36.020 Employing unit, definitions 50.04.090 Employment definition barbers and cosmetologists, booth renters excepted 50.04.225 definitions 50.04.100, 50.04.110, 50.04.115, 50.04.116, 50.04.120, 50.04.140 does not include services performed for contractors criteria 50.04.145 exceptions, tests 50.04.140 foreign degree-granting institutions, definition 50.04.125 Employment and training trust fund 50.16.020 Employment assistance program definitions 50.62.020 job service programs and activities 50.62.030 legislative findings 50.62.010 Employment offices, definitions 50.04.290 Employment security records, confidentiality Ch. 50.13 Extended benefits application of title provisions and commissioner’s regulations 50.22.020 computations of rate of uninsured employment 50.22.060 definitions 50.22.010 eligibility 50.22.020 extended benefit eligibility conditions 50.22.030 failure to accept work 50.22.020 interstate claims eligibility 50.22.030 public announcements when extended benefit periods become effective or terminated 50.22.060 shared work benefits, exhaustee 50.60.120 total extended benefit amount reduction 50.22.050 training 50.22.150 weekly extended benefit amount 50.22.040 Family employment, definitions 50.04.180 Federal income tax voluntary deduction and withholding 50.20.220 Federal interest payment fund contributions and payments in lieu of contributions 50.04.072 employer contributions 50.16.070 established 50.16.015 special fund 50.16.010 Federal targeted jobs tax credit program administration 50.16.080 Findings, determinations, etc., applicability to other actions 50.32.097 Foreign governmental services, definitions 50.04.210 Forest products industry supplemental additional benefits, eligibility 50.22.105 Fund balance ratio 50.29.025 Funds administration 50.16.020 administrative contingency fund 50.16.010 federal interest payment fund 50.16.010 employer contributions 50.16.070 established 50.16.015 federal unemployment trust fund discontinuance, effect 50.16.040 withdrawals from 50.16.030 replacement of federal funds 50.16.060 unemployment compensation administration fund 50.16.050 unemployment compensation fund discontinuance of federal unemployment trust fund, effect 50.16.040 generally 50.16.010 Health care access basic health plan availability, notice 50.20.210 (2008 Ed.) UNEMPLOYMENT COMPENSATION Health care professionals, hepatitis C 50.20.041 Indian tribes benefits, extended 50.50.060 benefits, generally 50.50.020 contributions, payments 50.50.030, 50.50.040 employment 50.04.265, 50.50.010 notices 50.50.050 terms and conditions 50.50.070 Inmate work programs, participant benefits 72.09.100 Insurance agents, brokers, or solicitors, definitions 50.04.230 Interpretation of laws, generally Ch. 50.98 Investment company agent or solicitor, definitions 50.04.230 Job search, registration in electronic labor exchange system 50.20.230 Job search monitoring program 50.20.240 Job search workshops failure to attend, ineligible for benefits 50.20.044 Job service program for the unemployed 50.62.010 definitions 50.62.020 employment assistance program 50.62.020 financing 50.24.014 priorities, long-term and older unemployed 50.62.030 programs and activities 50.62.030 Job skills program, See JOB SKILLS PROGRAM Judicial review, procedure 50.32.120, 50.32.130 Judicial review, procedure, interstate petitions 50.32.140 Labor exchange employment assistance program 50.62.020 Locked-out workers, annual report 50.62.040 Lockouts benefit impact 50.20.090 Long-term unemployed defined 50.62.020 highest priority 50.62.030 Maritime service, definitions 50.04.170 Massage practitioners, definition 50.04.223 Misconduct and gross misconduct, definitions 50.04.293, 50.04.294 Musicians and entertainers employment defined 50.04.148 New claims disclosures child support 50.40.050 Newspaper delivery services, definitions 50.04.240 Nonprofit organizations benefits paid to employees 50.44.060 employer contributions, election to make payments in lieu of 50.44.060 Notices, employee to be notified of application filing 50.20.150 Occupational information service and forecast criteria 50.38.020 definitions 50.38.015 intent 50.38.010 Older unemployed workers defined 50.62.020 highest priority 50.62.030 On-the-job training employer qualifications 50.12.240 Pay period determination, definitions 50.04.280 Penalties for violations 50.36.010, 50.36.020, 50.36.030 Pension payments, effect on eligibility and determining base year earnings, reduction in benefits 50.04.323 Policy statement 50.01.010 Political subdivisions and instrumentalities general 50.44.030 nonparticipation, alternative tax 50.44.035 previously uncovered services 50.98.100 termination of coverage 50.44.090 Previously uncovered services federal law, conformance with 50.98.110 general 50.98.100 (2008 Ed.) Printed materials, department duties 50.12.290 Professional employer organizations 50.04.298, 50.12.300, 50.12.310 Profiling system to identify persons likely to exhaust benefits confidentiality of information 50.20.011 rules 50.20.012 Public employment office, providing for 50.12.180 Quitting voluntarily 50.20.050 Real estate appraisers 50.04.255 Real estate broker or salesmen, definitions 50.04.230 Reasonable assurance defined 50.44.053 Reciprocal benefit arrangements coverage arrangements 50.12.060 general administration 50.12.050 Religious organizations special coverage provisions 50.44.045 Remedies exclusiveness 50.32.180 Remuneration payments in lieu not considered 50.24.010 Reports delinquency, penalty 50.12.220 Review, hearings, appeal precedent certain decisions designated 50.32.095 Review by commissioner employer experience rating 50.29.070 finality of decision 50.32.090 petition for 50.32.070 procedure 50.32.080 waiver of time limitations 50.32.075 Rights vesting of prohibited 50.40.040 waiver of 50.40.010 Rules, authority 50.29.064 Rural natural resources impact areas employment opportunities and enrollee benefits 50.70.030 employment security department duties 50.70.040 natural resources department duties 50.70.050 Salesmen, definitions 50.04.235 Self-employment assistance program 50.20.250 Services covered by federal act, definitions 50.04.220 Shared work compensation plans approval 50.60.040 criteria for 50.60.030 approved plans effective date 50.60.060 expiration of 50.60.060 misrepresentation, penalties 50.60.050 plan modification 50.60.080 revocation of 50.60.070 criteria for approval 50.60.030 definitions 50.60.020 legislative intent 50.60.010 rejection resubmission 50.60.040 review of 50.60.070 rule adoption 50.60.901 shared work benefits charge to employer’s experience rating accounts 50.60.110 conflict with federal requirements 50.60.900 eligibility 50.60.090 entitlement 50.60.100 exhaustee 50.60.120 weekly amount 50.60.100 Small performing arts 50.04.275 Special coverage provisions benefits payable, terms and conditions 50.44.050 construction, compliance with federal unemployment tax, department of labor guidelines 50.44.080 financing benefits paid employees of nonprofit organizations, election to make payments in lieu of contributions 50.44.060 institution of higher education, defined 50.44.037 political subdivisions and instrumentalities application 50.44.030 nonparticipation, alternative tax 50.44.035 termination of coverage 50.44.090 religious, charitable, educational or other nonprofit organizations, exemption, payments 50.44.010 religious organizations 50.44.045 services excluded under "employment" as used in RCW 50.44.010, RCW 50.44.020 and RCW 50.44.030 50.44.040 state and its wholly owned instrumentalities, exclusions, payments 50.44.020 surety bond or deposits of money or securities when election to make payments in lieu of contributions 50.44.070 Special work project program, See PUBLIC ASSISTANCE, subtitle Special work project program State, defined 50.04.300 State advisory council, appointment by commissioner 50.12.200 State personnel board, travel expenses 50.12.031 State-federal cooperation, generally 50.12.180 Strikes benefit impact 50.20.090 Students, disqualification 50.20.095 Suitable work factors to consider 50.20.100 Targeted jobs tax credit program administration 50.16.080 Temporary services, definitions 50.04.245 Temporary total disability allowable beneficiaries 50.06.020 benefits become available, when 50.06.900 eligibility determination 50.06.030 laws and regulations governing benefits amounts and eligibility 50.06.040 partial invalidity of chapter 50.06.910 purpose 50.06.010 use of wages and time for prior claims, effect 50.06.050 Third-party payer 50.04.248 Timber impact areas supplemental additional benefits, eligibility 50.22.105 Tips included as wages 50.04.320 Training failure to attend, ineligible for benefits 50.20.044 Travel services, definition 50.04.232 Unemployed, annual report 50.62.040 Unemployed individual, definition 50.04.310 Vendors in good standing, committee and fees 50.40.065, 50.40.066 Violations, generally 50.36.010 Voluntarily quitting 50.20.050 Wage and benefit history, annual report 50.62.040 Wages, deemed paid when contractually due 50.24.015 Wages or remuneration amount subject to tax 50.24.010 death benefits 50.04.340 excepted payments 50.04.350 general definition 50.04.320 payments from pension plans, effect on eligibility and determining base year earnings 50.04.323 retirement and disability payments 50.04.330 stock transfers excepted 50.04.335 wages, employer experience rating, prorating benefit charges 50.29.030 Waiver of rights 50.40.010 Washington service corps assignment of enrollees not to displace current workers 50.65.070 commissioner’s duties 50.65.030 [RCW Index—page 771] UNFAIR BUSINESS PRACTICES criteria for enrollment 50.65.040 definitions 50.65.020 distressed areas 50.65.138 donations and assistance 50.65.080 employment opportunities list maintained 50.65.050 established 50.65.030 fund restrictions, administration 50.65.143 funds and grants 50.65.130 income-generating projects 50.65.090 legislative findings 50.65.010 medical insurance and aid 50.65.110 placement under work agreements 50.65.060 scholarship account 50.65.150 training and subsistence allowed 50.65.110 unemployment compensation coverage, exempt 50.65.120 work agreements, nondiscrimination 50.65.100 work agreements, requirements 50.65.065 Week, definition 50.04.360 Withhold and deliver orders 50.24.110 Work force training and education coordinating board, commissioner to cooperate with 50.12.245 Work incentive program, See PUBLIC ASSISTANCE, subtitle Work incentive program UNFAIR BUSINESS PRACTICES (See CONSUMER PROTECTION) UNFAIR TRADE PRACTICES (See also FAIR TRADE; MONOPOLIES) Cigarette sales below cost prohibited Ch. 19.91 Fish marketing associations, deemed not to be in restraint of trade 24.36.070 Insurance, generally Ch. 48.30 Price-fixing, See PRICE-FIXING UNIFORM ACTS (See UNIFORM LAWS) UNIFORM COMMERCIAL CODE Actions and proceedings remedies and enforcement 62A.1-106 time for taking actions 62A.1-204 Agricultural liens, perfection 62A.9A-302, 62A.9A-308 Application 62A.1-105 Application of supplementary principles of law and equity to title 62A.1-103 Art dealers and artists contracts subject to chapter 18.110 RCW 62A.1-110 Bank deposits and collections (Article 4) account statements, availability of items 62A.4-406 alterations or unauthorized signatures, customer’s duties 62A.4-406 applicability 62A.4-102 application of Article 62A.4-201 on arrival drafts, presentment 62A.4-502 charge or certification of items, order 62A.4303 charge-back or refund, right of 62A.4-214 charges against accounts, when allowed 62A.4-401 check more than six months old, bank not obligated to pay 62A.4-404 collecting bank encoding and retention warranties 62A.4209 instructions, effect and liability 62A.4-203 liability 62A.4-214 methods of sending and presenting 62A.4204 notice of item not payable 62A.4-212 provisional status of credits 62A.4-201 responsibility for collection or return 62A.4202 return of item 62A.4-214, 62A.4-216 settlement 62A.4-213 status as agent 62A.4-201 when action timely 62A.4-202 [RCW Index—page 772] customer account, allowed charges against 62A.4-401 customer account, determination of insufficiency 62A.4-402 death or incompetence of customer 62A.4-405 deferred posting 62A.4-301 definitions 62A.4-104, 62A.4-105 delays of payments 62A.4-109 depositary bank unindorsed items 62A.4-205 dishonor, time of 62A.4-301 documentary drafts, handling of 62A.4-501 documentary drafts, presentment 62A.4-503 documentary drafts, privilege of presenting bank to deal with goods 62A.4-504 electronic presentment 62A.4-110 final payment of item by payor bank 62A.4215 improper payment, payor bank’s right to subrogation on 62A.4-407 incompetence or death of customer 62A.4-405 insolvency and preference 62A.4-216 insufficiency of account, time of determination 62A.4-402 late return of item, responsibility for 62A.4302 legal process, items subject to 62A.4-303 measure of damages 62A.4-103 notice, items subject to 62A.4-303 notice of item not payable, liability of drawer or indorser 62A.4-212 overdrafts, charging against account 62A.4401 pay any bank indorsements 62A.4-201 payments collecting bank 62A.4-106 payable at bank 62A.4-106 payable through bank 62A.4-106 payor bank late return of item, responsibility for 62A.4302 presentment on arrival drafts 62A.4-502 documentary drafts, responsibility for documents and goods 62A.4-503 electronic 62A.4-110 notice of item not payable, liability of drawer or indorser 62A.4-212 provisional settlement 62A.4-215 receipt of items, cut-off hour 62A.4-108 return of item 62A.4-214, 62A.4-216 return of items and recovery of payment 62A.4-301 security interest, documentary draft held by presenting bank 62A.4-504 security interest of collecting bank 62A.4-210 sending and presenting items, methods 62A.4204 separate office of bank 62A.4-107 set-off, items subject to 62A.4-303 settlement, medium and time of 62A.4-213 signatures, unauthorized, or altered items, customer’s duties 62A.4-406 statute of limitations 62A.4-111 stop payment, customer’s right to 62A.4-403 stop payment order, items subject to 62A.4303 stop payment order, loss from payment of item 62A.4-403 subrogation, payor bank’s right on improper payment 62A.4-407 suspension of payment 62A.4-216 transfers between banks 62A.4-206 unindorsed items, holder 62A.4-205 value for purposes of holder in due course 62A.4-211 variation by agreement 62A.4-103 warranties breach of warranty 62A.4-208 encoding and retention 62A.4-209 presentment 62A.4-208 transfer 62A.4-207 withdrawal, availability of funds 62A.4-215 wrongful dishonor, bank’s liability to customer 62A.4-402 Bills of lading, See UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title Claims waiver or renunciation after breach 62A.1-107 Construction and application 62A.1-102 Consumer leases, See UNIFORM COMMERCIAL CODE, subtitle Leases (Article 2A) Contracts course of performance 62A.2-208 good faith obligation 62A.1-203 goods severed from realty 62A.2-107 modification, rescission, or waiver 62A.2-209 sale of goods, contract form 62A.2-204 Course of dealing, definition 62A.1-205 Definitions bank deposits and collections (Article 4) 62A.4-104, 62A.4-105 funds transfers (Article 4A) 62A.4A-103, 62A.4A-104, 62A.4A-105 general provisions (Article 1) 62A.1-201, 62A.1-204, 62A.1-205 investment securities (Article 8) 62A.8-102 leases (Article 2A) 62A.2A-103 letters of credit (Article 5) 62A.5-102 negotiable instruments (Article 3) 62A.3-103, 62A.3-104 sales (Article 2) 62A.2-103, 62A.2-104, 62A.2-105, 62A.2-106 warehouse receipts, bills of lading and other documents of title (Article 7) 62A.7-102 Documents as evidence 62A.1-202 Effective date, repealer, and transition provisions of 1967 act Ch. 62A.10 Evidence, documents as prima facie evidence 62A.1-202 Express warranties, See UNIFORM COMMERCIAL CODE, subtitle Sales Funds transfers (Article 4A) application of Article 62A.4A-102 choice of law to govern 62A.4A-507 creditor process served on receiving bank 62A.4A-502 definitions 62A.4A-103, 62A.4A-104, 62A.4A-105 Electronic Fund Transfer Act of 1978, effect 62A.4A-108 federal reserve regulations and operating circulars, effect 62A.4A-107 funds-transfer system rule, effect 62A.4A-501 injunction or restraining order 62A.4A-503 interest rate 62A.4A-506 items charged to account, sequence 62A.4A504 payment date 62A.4A-401 payment order acceptance 62A.4A-209 amendment 62A.4A-211 amendment, effect 62A.4A-202 authorization and verification 62A.4A-202 beneficiary’s bank’s payment to beneficiary 62A.4A-404, 62A.4A-405 cancellation 62A.4A-211 erroneous, obligations of sender 62A.4A205 erroneous, rights of receiving bank 62A.4A205 erroneous execution 62A.4A-303, 62A.4A304 execution, obligations of receiving bank 62A.4A-302 execution and execution date 62A.4A-301 failure to execute, liability 62A.4A-305 identification of beneficiary 62A.4A-207 late or improper execution, liability 62A.4A305 misdescription of beneficiary 62A.4A-207 misdescription of beneficiary’s bank 62A.4A-208 (2008 Ed.) UNIFORM COMMERCIAL CODE originator’s payment to beneficiary, discharge of obligation 62A.4A-406 rejection 62A.4A-210 sender’s obligation to pay receiving bank 62A.4A-402 sender’s payment to receiving bank 62A.4A403 transmission through funds-transfer system 62A.4A-206 transmission to receiving bank 62A.4A-206 unaccepted, liability and duty of receiving bank 62A.4A-212 unauthorized, duty of customer to report 62A.4A-204 unauthorized, refund of payment by bank 62A.4A-204 unenforceability of certain verified payment orders 62A.4A-203 preclusion of objection to debit of customer’s account 62A.4A-505 receipt of items, cut-off time 62A.4A-106 security procedure 62A.4A-201 time payment order is received 62A.4A-106 variation by agreement 62A.4A-501 withdrawals from account, sequence 62A.4A504 General provisions (Article 1) Ch. 62A.1 Good faith obligation 62A.1-203 Implied warranties, See UNIFORM COMMERCIAL CODE, subtitle Sales Investment securities (Article 8) acquisition 62A.8-104 altered or incomplete certificate, effect 62A.8206 applicability of law 62A.8-110 authenticating trustee, duties 62A.8-407 clearing corporation rules, applicability 62A.8-111 control of security 62A.8-106 creditor’s legal process 62A.8-112 definitions 62A.8-102 demand that issuer not register transfer 62A.8403 effectiveness of instruction, indorsement, or entitlement 62A.8-107 entitlement, acquisition from securities intermediary 62A.8-501 entitlement holder assertion of adverse claim against 62A.8-502 property interest in financial asset 62A.8-503 evidentiary rules concerning certificated securities 62A.8-114 financial assets determination of what constitutes 62A.8-103 guarantee of the signatures 62A.8-402 guaranteeing signature, indorsement, or instruction, effect 62A.8-306 indorsements 62A.8-304 genuineness and effectiveness, assurance of 62A.8-402 instruction 62A.8-305 intermediary and others not liable to adverse claimant 62A.8-115 intermediary as purchaser for value 62A.8116 issuer defined 62A.8-201 demand that issuer not register transfer 62A.8-403 lien 62A.8-209 lost, destroyed, or wrongfully taken certificates, notification 62A.8-406 lost, destroyed, or wrongfully taken certificates, replacement 62A.8-405 notice of defect or defense 62A.8-202 overissue 62A.8-210 registration duties 62A.8-401 responsibility and defenses 62A.8-202 restrictions on transfer, effect 62A.8-204 rights and duties 62A.8-207 signatures, warranty effect 62A.8-208 staleness as notice of defect or defense 62A.8-203 (2008 Ed.) wrongful registration 62A.8-404 liability for wrongful registration 62A.8-404 lien in favor of issuer 62A.8-209 lost, destroyed, or wrongfully taken certificates, notification 62A.8-406 lost, destroyed, or wrongfully taken certificates, replacement 62A.8-405 notice of adverse claim 62A.8-105 overissue 62A.8-210 priority among security interests and entitlement holders 62A.8-511 proof of authority to transfer or other requisites for registration 62A.8-307 protected purchaser defined 62A.8-303 purchase delivery 62A.8-301 guaranteeing signature, indorsement, or instruction 62A.8-306 proof of authority to transfer or other requisites for registration 62A.8-307 rights of purchaser 62A.8-302 purchaser of security entitlement, rights 62A.8-510 registrar, duties 62A.8-407 registration of transfer, effectiveness of indorsements and instructions 62A.8-402 rights and duties of issuer 62A.8-207 securities determination of what constitutes 62A.8-103 securities account 62A.8-501 securities intermediary change of entitlement holder’s position to other security holding 62A.8-508 duties specified 62A.8-509 duty to exercise rights as directed by entitlement holder 62A.8-506 duty to maintain financial asset 62A.8-504 entitlement order, compliance duty 62A.8507 payments and distributions duties 62A.8-505 signatures, effect of unauthorized signature 62A.8-205 signatures, warranty effect 62A.8-208 statute of frauds inapplicable 62A.8-113 transfer delivery 62A.8-301 transfer, pledge, or release, registration duties of issuer 62A.8-401 transfer agents, duties 62A.8-407 warranties in direct holding 62A.8-108 warranties in indirect holding 62A.8-109 Leases (Article 2A) acceptance of goods 62A.2A-515, 62A.2A516 acceptance of goods, revocation 62A.2A-517 agreements, final written expression 62A.2A202 application of Article 62A.2A-102 application of Article to goods covered by certificate of title 62A.2A-105 application of other laws 62A.2A-104 cancellation effect, rights and remedies 62A.2A-505 casualty to identified goods 62A.2A-220 contract formation, offer and acceptance 62A.2A-206 creditors, rights 62A.2A-308 default 62A.2A-220 cover by lessee 62A.2A-518 damages, lessor’s right to recovery 62A.2A528 damages, liquidation 62A.2A-504 damages for nondelivery, repudiation, default, and breach of warranty 62A.2A519 delivery stoppage by lessor 62A.2A-526 disposal of goods by lessor 62A.2A-527 identification of goods, lessor’s rights 62A.2A-524 improper delivery, rightful rejection of goods 62A.2A-509 injury to goods, lessor’s standing to sue third party 62A.2A-531 lessee’s incidental and consequential damages 62A.2A-520 lessee’s remedies 62A.2A-508 lessor’s incidental damages 62A.2A-530 lessor’s insolvency, lessee’s right to goods 62A.2A-522 lessor’s remedies for default by lessee 62A.2A-523 market rent, damages based on 62A.2A-507 notice 62A.2A-502 possession of goods, lessor’s rights 62A.2A525 procedure 62A.2A-501 rent, action for 62A.2A-529 residual interest, lessor’s rights 62A.2A-532 right to specific performance or replevin 62A.2A-521 rightfully rejected goods, lessee’s duties 62A.2A-512 rights and remedies 62A.2A-503 statute of limitations 62A.2A-506 waiver or renunciation of claim or right 62A.2A-107 definitions 62A.2A-103 delegation of performance 62A.2A-303 enforceability 62A.2A-201, 62A.2A-301 evidence, parol or extrinsic 62A.2A-202 excused performance 62A.2A-405, 62A.2A406 express warranties 62A.2A-210 failure to deliver lessee’s remedies 62A.2A-508 firm offers, irrevocability 62A.2A-205 form, validity 62A.2A-204 identification of goods 62A.2A-217 implied warranties 62A.2A-212, 62A.2A-213 improper delivery, rightful rejection of goods 62A.2A-509 insecurity, assurance of performance 62A.2A401 installment lease contracts rejection and default 62A.2A-510 insurance covering goods and insurance proceeds 62A.2A-218 irrevocable promises 62A.2A-407 jurisdiction or applicable law, limitation on power of parties to choose 62A.2A-106 lapsed offers 62A.2A-206 lessees accessions, rights when goods become 62A.2A-310 cover after default by lessor 62A.2A-518 damages for nondelivery, repudiation, default, and breach of warranty 62A.2A519 fixtures, rights when goods become 62A.2A309 incidental and consequential damages 62A.2A-520 lessor’s insolvency, lessee’s right to goods 62A.2A-522 rejected goods, waiver of objections 62A.2A-514 right to specific performance or replevin 62A.2A-521 lessors accessions, rights when goods become 62A.2A-310 damages for nonacceptance, failure to pay, repudiation, or other default 62A.2A-528 disposal of goods after lessee’s default 62A.2A-527 fixtures, rights when goods become 62A.2A309 identification of goods, rights 62A.2A-524 improper tender or delivery, cure 62A.2A513 incidental damages 62A.2A-530 injury to goods, standing to sue third party 62A.2A-531 possession of goods, rights 62A.2A-525 [RCW Index—page 773] UNIFORM COMMERCIAL CODE remedies for default by lessee 62A.2A-523 rent, action for 62A.2A-529 residual interest, rights 62A.2A-532 stoppage of delivery 62A.2A-526 liens, priority 62A.2A-306, 62A.2A-307 loss, risk of 62A.2A-219, 62A.2A-220 merchant lessees rightfully rejected goods, duties 62A.2A-511 modification, rescission, and waiver 62A.2A208 performance, course of 62A.2A-207 rejected goods lessee’s duties 62A.2A-512 merchant lessees, duties 62A.2A-511 replacement 62A.2A-513 waiver of lessee’s objections 62A.2A-514 repudiation, anticipatory 62A.2A-402 repudiation, retraction 62A.2A-403 sale of goods by lessee 62A.2A-305 seals inoperative 62A.2A-203 security interest in goods 62A.2A-303 statute of frauds 62A.2A-201 sublease of goods by lessee 62A.2A-305 subordination by agreement 62A.2A-311 subsequent lease of goods by lessor 62A.2A304 substituted performance 62A.2A-404 supply contract beneficiary 62A.2A-209 termination effect, rights and remedies 62A.2A-505 title to and possession of goods, application of Article 62A.2A-302 transfer of rights 62A.2A-303 unconscionability of contracts 62A.2A-108 warranties cumulation and conflict 62A.2A-215 express warranties 62A.2A-210 implied warranties 62A.2A-212, 62A.2A213 interference and infringement, warranties against 62A.2A-211 modification or exclusion 62A.2A-214 third party beneficiaries 62A.2A-216 Letters of credit (Article 5) application of Article 62A.5-103, 62A.5-1013 assignment of proceeds 62A.5-114 choice of law and form 62A.5-116 confirmer, nominated person, and adviser 62A.5-107 consideration 62A.5-105 definitions 62A.5-102 dishonor or repudiation, remedies 62A.5-111 form requirements 62A.5-104 fraud and forgery 62A.5-109 issuance, amendment, cancellation, and duration 62A.5-106 issuer’s rights and obligations 62A.5-108, 62A.5-118 security interest of issuer 62A.5-118 statute of limitations 62A.5-115 subrogation of issuer, applicant, and nominated person 62A.5-117 transfer 62A.5-112, 62A.5-113 warranties 62A.5-110 Manufactured or mobile homes repossessed secured party liable for rent 59.20.074 Negotiable instruments (Article 3) acceptance of draft 62A.3-409 acceptance varying from terms of draft 62A.3410 acceptor, obligation 62A.3-413 accommodation, instruments signed for 62A.3-419 accord and satisfaction by use of instrument 62A.3-311 alteration, fraudulent 62A.3-407 application of Article 62A.3-102 cashier’s, teller’s, or certified checks lost, destroyed, or stolen 62A.3-312 obligation of issuer 62A.3-412 refusal to pay 62A.3-411 certified checks 62A.3-409 [RCW Index—page 774] check cashing identification credit card number not to be recorded when used 62A.3-512 claims to an instrument 62A.3-306 contradictory terms, which prevail 62A.3-114 conversion 62A.3-420 credit card used as check cashing identification 62A.3-512 date of instrument 62A.3-113 definitions 62A.3-103, 62A.3-104 discharge by cancellation or renunciation 62A.3-604 discharge of indorsers and accommodation parties 62A.3-605 discharge of obligation 62A.3-601 dishonor collection agencies 62A.3-530, 62A.3-540, 62A.3-550 evidence 62A.3-505 failure to comply with requirements, effect 62A.3-525 form for notice 62A.3-520 governing rules 62A.3-502 liability for interest and costs 62A.3-515 notice 62A.3-503, 62A.3-504 payee’s rights 62A.3-515 service of notice by mail 62A.3-522 drawer, obligation 62A.3-414 excused presentment 62A.3-504 fictitious payees 62A.3-404 fiduciary duty, notice of breach of 62A.3-307 foreign money, instrument payable in 62A.3107 forms defined 62A.3-104 fraudulent endorsement, employer’s responsibility for employee 62A.3-405 holder, proof of status 62A.3-308 holder in due course 62A.3-302 identification of person to whom payable 62A.3-110 imposters 62A.3-404 incomplete instrument 62A.3-115 indorsement 62A.3-204, 62A.3-205 indorsement, restrictive 62A.3-206 indorser, obligation 62A.3-415 interest 62A.3-112 issue of instrument 62A.3-105 issuer, obligation 62A.3-412 joint and several liability, contribution 62A.3116 liability of parties 62A.3-401 lost, destroyed, or stolen instrument 62A.3309 negotiation 62A.3-201 notice of right to defend action 62A.3-119 obligation acceptor 62A.3-413 drawer 62A.3-414 indorser 62A.3-415 issuer 62A.3-412 payment, discharge of obligation 62A.3-601 obligation, effect on 62A.3-310 other agreements affecting instrument 62A.3117 overdue instrument 62A.3-304 payable on demand or at a definite time 62A.3-108 payable to bearer or to order 62A.3-109 payment 62A.3-602, 62A.3-603 payment or acceptance by mistake 62A.3-418 person entitled to enforce 62A.3-301 place of payment 62A.3-111 presentment 62A.3-501 presentment warranties 62A.3-417 promise or order, when unconditional 62A.3106 reacquisition 62A.3-207 recoupment, defenses and claims 62A.3-305 rescission, negotiation subject to 62A.3-202 signatures forged or altered 62A.3-406 forms 62A.3-401 proof 62A.3-308 by representatives 62A.3-402 unauthorized 62A.3-403 statute of limitations 62A.3-118 transfer, rights acquired by 62A.3-203 transfer warranties 62A.3-416 unaccepted draft, drawee nonliability 62A.3408 value and consideration 62A.3-303 warranties presentment 62A.3-417 transfer 62A.3-416 Payment option to accelerate at will 62A.1-208 Performance option to accelerate at will 62A.1-208 Performance or acceptance under reservation of rights 62A.1-207 Powers, duties and functions of secretary of state transferred to department of licensing 43.07.150 Purposes 62A.1-102 Remedies and enforcement 62A.1-106 Repeal, construction against implied repeal 62A.1-104 Reservation of rights performance or acceptance under 62A.1-207 Sales (Article 2) acceptance of goods effect 62A.2-607 revocation in whole or in part 62A.2-608 what constitutes 62A.2-606 action for price 62A.2-708 application of Article 62A.2-102 approval, sale on approval, term and application 62A.2-326, 62A.2-327 assignment of rights 62A.2-210 assurance of due performance 62A.2-609 auctions, sales procedures 62A.2-328 bills of lading overseas shipment, form of bill of lading 62A.2-323 breach of contracts, statute of limitations 62A.2-725 buyer’s damages for breach of obligations 62A.2-713 buyer’s remedies for breach of obligations 62A.2-711, 62A.2-712, 62A.2-714, 62A.2715, 62A.2-717, 62A.2-718, 62A.2-719, 62A.2-720 buyer’s right to specific performance and replevin 62A.2-716 C. I. F. and C. & F., terms and application 62A.2-320, 62A.2-321 cancellation or rescission, effect 62A.2-720 casualty to goods 62A.2-613 confirmed credit, term and application 62A.2325 contracts for sale, statute of limitations 62A.2725 contracts for sale of goods, form 62A.2-204 course of performance 62A.2-208 creditors, rights of seller’s creditors against sold goods 62A.2-402 crops, contracts for sale 62A.2-107 definitions 62A.2-103, 62A.2-104, 62A.2105, 62A.2-106 delegation of performance 62A.2-210 delivery ex-ship 62A.2-322 delivery of goods 62A.2-307, 62A.2-308, 62A.2-309 delay or nondelivery, conditions and effect 62A.2-615, 62A.2-616 financing agency’s rights 62A.2-506 improper delivery, buyer’s rights 62A.2-601 improper tender or delivery, cure 62A.2-508 installment contracts, breach 62A.2-612 manner and time 62A.2-503 risk of loss 62A.2-509, 62A.2-510 seller’s tender 62A.2-507 shipment by seller 62A.2-504 substituted performance 62A.2-614 deterioration of goods, options 62A.2-613 (2008 Ed.) UNIFORM COMMERCIAL CODE documents of title, when deliverable 62A.2514 enforceability of contracts 62A.2-201, 62A.2202 exclusive dealings 62A.2-306 express warranties 62A.2-313 F. O. B. and F. A. S., terms and application 62A.2-319 firm offers 62A.2-205 form for sale contracts 62A.2-204 fraud, remedies 62A.2-721 good faith purchases 62A.2-403 goods in dispute, preservation of evidence 62A.2-515 goods severed from realty 62A.2-107 identification of goods 62A.2-501 implied warranties 62A.2-314, 62A.2-315 insolvency of buyer remedies 62A.2-702 insolvency of seller, buyer’s right to goods 62A.2-502 inspection of goods, buyer’s rights and duties 62A.2-513 insurable interest in goods 62A.2-501 intention of parties, warranties 62A.2-317 irrevocable offers, period of irrevocability 62A.2-205 letter of credit, term and application 62A.2325 liquidated or limited damages 62A.2-718 lots and apportionment of payments 62A.2307 market price, proof 62A.2-723 market quotations, admissibility in evidence 62A.2-724 minerals, contracts for sale 62A.2-107 modification of contract 62A.2-209 no arrival, no sale, term and application 62A.2-324 nonacceptance or repudiation, seller’s damages 62A.2-708 nondelivery or repudiation, buyer’s damages 62A.2-713 obligations of parties 62A.2-301 offers and acceptance 62A.2-206, 62A.2-207 overseas shipment, form of bill of lading 62A.2-323 payment form and effect 62A.2-511 before inspection 62A.2-512 payment, when due and running of credit 62A.2-310 performance, options and cooperation between parties 62A.2-311 person in position of seller 62A.2-707 price, how payable 62A.2-304 price, open price terms 62A.2-305 purchaser’s rights to title 62A.2-403 quantity, output and requirements 62A.2-306 rejection of goods manner and effect 62A.2-602 merchant buyer’s duties 62A.2-603 option by buyer to salvage 62A.2-604 waiver of buyer’s objections 62A.2-605 remedies breach of collateral contracts not impaired by Article 62A.2-701 rents and profits, real property, excluded from Article 62A.9, when 7.28.230 repudiation anticipatory repudiation 62A.2-610 retraction of anticipatory repudiation 62A.2611 resale of goods by seller 62A.2-706 rescission of contract 62A.2-209 return of goods 62A.2-326, 62A.2-327 rights of creditors 62A.2-326 risks, allocation or division between parties 62A.2-303 sale or return, term and application 62A.2326, 62A.2-327 seals, effect on contracts for sales 62A.2-203 (2008 Ed.) seller’s remedies for breach of obligations 62A.2-702, 62A.2-703, 62A.2-704, 62A.2705, 62A.2-706, 62A.2-707, 62A.2-708, 62A.2-709, 62A.2-710 shipment by seller under reservation 62A.2505 statute of frauds 62A.2-201 third party actions 62A.2-722 timber, contracts for sale 62A.2-107 title, power to transfer 62A.2-403 title to goods, passing or reservation conditions 62A.2-401 unconscionable contract or clause, effect 62A.2-302 waiver of contract 62A.2-209 warranties 62A.2-313, 62A.2-314, 62A.2315, 62A.2-316, 62A.2-317, 62A.2-318 warranties of title and against infringement 62A.2-312 written expressions of agreement as evidence 62A.2-202 Secured transactions accounts receivable limitation of actions on 4.16.040 agricultural liens, perfection 62A.9A-310 Secured transactions; sales of accounts, contract rights and chattel paper (Article 9A) motor vehicles, security interests in Ch. 46.12 perfecting interest motor vehicles, generally Ch. 46.12 secured party motor vehicles, protection of secured party, generally Ch. 46.12 security agreement motor vehicles Ch. 46.12 security interest motor vehicles Ch. 46.12 perfection motor vehicles Ch. 46.12 Secured transactions (Article 9A) agricultural liens, perfection 62A.9A-302, 62A.9A-308 assignment secured party, duties 62A.9A-209 collateral after-acquired property, attachment of interest 62A.9A-204 disposition, proceeds 62A.9A-315 perfection 62A.9A-312 priority among conflicting security interests 62A.9A-322 secured party, duties 62A.9A-207, 62A.9A208 statement of account 62A.9A-210 title to collateral immaterial 62A.9A-202 use or disposition 62A.9A-205 debtor, location 62A.9A-307 default, Part 6 Ch. 62A.9A definitions 62A.9A-102, 62A.9A-103 deposit account, control 62A.9A-104 effective date, transition, Part 7 Ch. 62A.9A third party rights, Part 4 Ch. 62A.9A electronic chattel paper, control 62A.9A-105 enforcement and attachment of security interest 62A.9A-203 financing statement, Part 5 Ch. 62A.9A future advancements 62A.9A-204 investment property, control 62A.9A-106 letter-of-credit right, control 62A.9A-107 perfection and priority 62A.9A-301 scope of Article 62A.9A-109 security agreement effectiveness 62A.9A-201 sufficiency of description 62A.9A-108 security interest accessions 62A.9A-335 after-acquired collateral 62A.9A-204 bank’s rights and duties 62A.9A-341, 62A.9A-342 buyer of goods, rights 62A.9A-320 chattel paper, negotiable documents, instruments, and investment property 62A.9A-312 chattel paper purchaser, priority 62A.9A-330 commingled goods 62A.9A-336 consignee, rights 62A.9A-319 deposit account, priority of conflicting interests 62A.9A-327 deposit accounts, perfection and priority 62A.9A-304 disposition of collateral, proceeds 62A.9A315 enforceability and attachment 62A.9A-203 financial statement filing 62A.9A-338 fixtures and crops, priority 62A.9A-334 funds transfers 62A.9A-332 future advances 62A.9A-323 goods covered by certificate of title 62A.9A337 goods covered by certificate of title, perfection and priority 62A.9A-303 investment property, perfection and priority 62A.9A-305 investment property, priority of conflicting interests 62A.9A-328 letter-of-credit right, priority 62A.9A-329 letter-of-credit rights, perfection and priority 62A.9A-306 licensee or lessee of goods, rights 62A.9A321 liens, priority 62A.9A-333 new debtor, priority 62A.9A-326 perfection by control 62A.9A-314 perfection by possession or delivery 62A.9A-313 perfection following change in governing law 62A.9A-316 perfection upon attachment 62A.9A-309 priorities and rights 62A.9A-317 priority among conflicting interests 62A.9A322 priority and perfection 62A.9A-308, 62A.9A-310, 62A.9A-311 purchase or delivery of financial asset, effect 62A.9A-206 purchase-money priority 62A.9A-324 purchasers of instruments, documents, and securities under other Articles, rights 62A.9A-331 recoupment or set-off, right 62A.9A-340 sale, debtor’s rights or interest 62A.9A-318 subordination by agreement 62A.9A-339 transferred collateral 62A.9A-325 security interests arising under Article 2 or 2A 62A.9A-110 Statute of frauds application 62A.1-206 sales 62A.2-201 Territorial application of title 62A.1-105 Time for actions 62A.1-204 Transition provisions Ch. 62A.11 Transition provisions of 1967 act Ch. 62A.10 Usage of trade, definition 62A.1-205 Warehouse receipts, bills of lading and other documents of title (Article 7) absence of due negotiation, rights acquired 62A.7-504 application of Article 62A.7-103 attachment of goods covered by negotiable paper 62A.7-602 bills of lading altered bills of lading 62A.7-306 bills of lading in a set 62A.7-304 bulk freight, shipper’s weight 62A.7-301 delivery of goods 62A.7-303 destination bills 62A.7-305 diversion instructions 62A.7-303 duty of care 62A.7-309 improper handling 62A.7-301 liability for nonreceipt or misdescription 62A.7-301 liability of carrier, contractual limitation 62A.7-309 lien of carrier 62A.7-307, 62A.7-308 overissue of documents 62A.7-402 reconsignment 62A.7-303 [RCW Index—page 775] UNIFORM CRIMINAL EXTRADITION ACT substitute bills 62A.7-305 through bills of lading and similar documents 62A.7-302 change of shipping instructions, effect 62A.7504 conflicting claims, interpleader 62A.7-603 definitions 62A.7-102 delivery obligation 62A.7-403 delivery without indorsement, right to compel indorsement 62A.7-506 diversion of goods, effect 62A.7-504 documents of title, when adequate compliance with contract 62A.7-509 duplicate receipt or bill, overissue 62A.7-402 excused delivery 62A.7-403 good faith delivery pursuant to receipt or bill, nonliability 62A.7-404 holder, rights acquired by negotiation 62A.7502 indorser not a guarantor for other parties 62A.7-505 irregularities in issue or conduct of issuer 62A.7-401 lost, destroyed, and missing documents 62A.7-601 negotiability 62A.7-104 negotiation forms and requirements 62A.7-501 rights acquired 62A.7-502 nonnegotiable documents 62A.7-104 nonnegotiable instruments, title and rights under 62A.7-504 obligation of warehouseman or carrier to deliver 62A.7-403 right in goods defeated, when 62A.7-503 seller’s stoppage of delivery 62A.7-504 title to goods, when defeated 62A.7-503 warehouse receipts altered receipts 62A.7-208 bonded storage 62A.7-201 duty of care 62A.7-204 form and contents, requirements 62A.7-202 fungible goods 62A.7-207 issuance, authorized persons 62A.7-201 liability, contractual limitation 62A.7-204 liability for nonreceipt or misdescription 62A.7-203 lien of warehouseman 62A.7-209, 62A.7210 separation of goods 62A.7-207 termination of storage at warehouseman’s option 62A.7-206 title, when defeated 62A.7-205 warranties of collecting bank as to documents 62A.7-508 warranties on negotiation or transfer 62A.7507 UNIFORM CRIMINAL EXTRADITION ACT Fugitive from another state commitment to county jail 10.88.340 UNIFORM DISCIPLINARY ACT Acupuncturists 18.06.110 Ambulance services 18.73.240 Appeals 18.130.140 Application of chapter to specified professions 18.130.040 Background checks 18.130.035, 18.130.064 Budget request investigators and attorneys 18.130.380 Capacity of license holder to practice evidence summary and stipulations 18.130.172 hearing and determination 18.130.170 injunctive relief 18.130.185 physical or mental examination 18.130.170 Chemical dependency counselors 18.205.150 Chiropractic 18.25.019 Continuing competency pilot projects authority to develop and require participation 18.130.270 Counselors 18.19.050 [RCW Index—page 776] Crime committed by a license holder law enforcement notification 18.130.210 Definitions 18.130.020 Dental hygienists 18.29.076 Dentistry 18.32.039 Denturists 18.30.135 Dietitians and nutritionists 18.138.090 Disciplinary authorities annual reports 18.130.310 authority 18.130.050, 18.130.055 immunity from liability 18.130.300 reports concerning licensee violations 18.130.070 rule-making authority 18.130.070 Documents, production of 18.130.230 Emergency service medical personnel 18.71.205, 18.73.240 Fines, enforcement 18.130.165 Fraud or misrepresentation in obtaining or maintaining license 18.130.200 Health care assistants 18.135.100 Hearing and speech services 18.35.172 Injunction, violation and penalty 18.130.195 Licenses denial, revocation, suspension 18.130.120 disciplinary actions 18.130.160 fees 18.130.037 fraud or misrepresentation in obtaining or maintaining license 18.130.200 orders of suspension, when effective 18.130.130 practice without a license, investigation procedures and penalty 18.130.190 reinstatement 18.130.150 retired active license status 18.130.250 retired volunteer medical worker 18.130.360 suspension for noncompliance with support order 18.130.127 suspension for nonpayment or default on educational loan or scholarship 18.130.125 suspension or restriction, show cause hearing 18.130.135 Massage practitioners 18.108.076 Midwives 18.50.126 Naturopathy 18.36A.060 Nurses 18.79.120 Nursing assistants 18.88A.150 Nursing home administrators 18.52.066 Nursing pools 18.52C.040 Occupational therapists 18.59.141 Ocularists 18.55.066 Opiate therapy guidelines 18.130.340 Opticians, dispensing 18.34.136 Optometry and optometrists 18.53.101, 18.54.076 Orthotic and prosthetic services 18.200.100 Osteopathic medicine and surgery 18.57.011 Osteopathic physicians’ assistants 18.57A.025 Pharmacists 18.64.163 Pharmacy ancillary personnel 18.64A.055 Physical therapists 18.74.029 Physician assistants 18.71A.025 Physicians and surgeons 18.71.019 Podiatric medicine and surgery 18.22.018 Procedural rules, uniform 18.130.095 Psychologists 18.83.054 Radiologic technologists 18.84.040 Records’ use or information exchange, application of chapter 18.130.350 Recreation therapy 18.230.090 Respiratory care practitioners 18.89.050 Sanctioning schedule 18.130.390 Secretary of health authority 18.130.040, 18.130.060, 18.130.062, 18.130.065 duties 18.130.065, 18.130.340 Sex offender therapists 18.155.090 Substance abuse, voluntary monitoring programs 18.130.175, 18.130.186 Surgical technologists 18.215.080 Temporary practice permits penalties for violations 18.130.075 Unprofessional conduct adjudicative proceedings 18.130.100 defined 18.130.180 department of health communication with complainant 18.130.085 disciplinary actions 18.130.160 evidence summary and stipulations 18.130.172 findings of fact and orders 18.130.110, 18.130.160 hearing request and notice 18.130.090 hearings, powers and duties of disciplinary authority 18.130.100 injunctive relief 18.130.185 investigation, civil penalty 18.130.080 orders of suspension, when effective 18.130.130 prohibition on practicing in another state 18.130.370 reports of findings and orders 18.130.110 settlement process 18.130.098 statement of charge 18.130.090 uniform procedural rules 18.130.095 Veterinarians 18.92.046 UNIFORM FIRE CODE (See FIRE CODES) UNIFORM LAWS Accounting, trustees’ Ch. 11.106 Administrator for the court Ch. 2.56 Arbitration act Ch. 7.04A Athlete agents act Ch. 19.225 Automobile liability security act Ch. 46.29 Bills of lading, See UNIFORM COMMERCIAL CODE Business records as evidence act Ch. 5.45 Charitable trusts, intention to be uniform with other states’ laws 11.110.090 Code of military justice Ch. 38.38 Commercial code Title 62A Commercial drivers’ license act Ch. 46.25 Common trust funds Ch. 11.102 Conflict of laws, limitations act Ch. 4.18 Controlled substances, See DRUGS, subtitle Controlled substances Court Administrator Act Ch. 2.56 Criminal extradition act Ch. 10.88 Declaratory judgments act, uniform act Ch. 7.24 Enforcement of foreign judgments act Ch. 6.36 Escheat of postal savings system accounts act Ch. 63.48 Estate tax apportionment act Ch. 83.110A Facsimile signatures of public officials Ch. 39.62 Food, drug, and cosmetic act Ch. 69.04 Foreign money claims act Ch. 6.44 Foreign money judgments recognition act Ch. 6.40 Fraudulent transfer act Ch. 19.40 Fresh pursuit Ch. 10.89 Health care information Ch. 70.02 Health professions uniform disciplinary act Ch. 18.130 Institutional funds, See UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT Interstate family support act Ch. 26.21A Judicial notice of foreign laws act 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050, 5.24.060 Limitations act, conflict of laws Ch. 4.18 Limited partnerships Ch. 25.10 Management of institutional funds act Ch. 24.44 Mediation act Ch. 7.07 Military justice, code of Ch. 38.38 Minors, transfers to Ch. 11.114 Money services act Ch. 19.230 Negotiable instruments, See UNIFORM COMMERCIAL CODE Out-of-state supervision of parolees 9.95.270 Partnership act, revised uniform Ch. 25.05 Photographic copies of business and public records as evidence act Ch. 5.46 Postal savings system accounts act, escheat of Ch. 63.48 Real property electronic recording Ch. 65.24 (2008 Ed.) UNITED STATES Rendition of accused persons act Ch. 10.91 Sales, See UNIFORM COMMERCIAL CODE Securities act Ch. 21.20 Simultaneous death Ch. 11.05A Stock transfer, See UNIFORM COMMERCIAL CODE Traffic devices, uniform standard Ch. 47.36 Trustees’ accounting act Ch. 11.106 Unclaimed property Ch. 63.29 Uniform act on fresh pursuit Ch. 10.89 Uniform act to secure the attendance of witnesses from without a state in criminal proceedings Ch. 10.55 Uniform business records as evidence act Ch. 5.45 Uniform child custody jurisdiction act Ch. 26.27 Uniform commercial code Title 62A Uniform common trust fund act Ch. 11.102 Uniform conflict of laws, limitations act Ch. 4.18 Uniform controlled substances act Ch. 69.50 Uniform criminal extradition act Ch. 10.88 Uniform declaratory judgments act Ch. 7.24 Uniform enforcement of foreign judgments act Ch. 6.36 Uniform estate tax apportionment act Ch. 83.110A Uniform facsimile signature of public officials act Ch. 39.62 Uniform foreign money claims act Ch. 6.44 Uniform foreign money judgments recognition act Ch. 6.40 Uniform fraudulent transfer act Ch. 19.40 Uniform judicial notice of foreign laws act 5.24.010, 5.24.020, 5.24.030, 5.24.040, 5.24.050, 5.24.060 Uniform limited partnership act Ch. 25.10 Uniform management of institutional funds act Ch. 24.44 Uniform minor student capacity to borrow act Ch. 26.30 Uniform parentage act Ch. 26.26 Uniform photographic copies of business and public records as evidence act Ch. 5.46 Uniform regulation of business and professions act Ch. 18.235 Uniform rendition of accused persons act Ch. 10.91 Uniform simultaneous death act Ch. 11.05A Uniform trade secrets act Ch. 19.108 Uniform transfers to minors act Ch. 11.114 Uniform veterans’ guardianship act Ch. 73.36 Veterans’ guardianship act Ch. 73.36 Warehouse receipts, See UNIFORM COMMERCIAL CODE Washington principal and income act of 2002 Ch. 11.104A Witnesses, uniform act to secure attendance of witnesses from without the state in criminal proceedings Ch. 10.55 UNIFORM LEGISLATION COMMISSION Appointment 43.56.010 Duties 43.56.020 Membership 43.56.050 Travel expenses 43.56.040 Vacancies 43.56.010 UNIFORM LIMITED PARTNERSHIP ACT (See PARTNERSHIPS, subtitle Limited partnerships) UNIFORM PARENTAGE ACT Forms mandatory use of standard forms and format rules 26.18.220 Limitation of actions 4.16.360 Paternity limitation of actions 4.16.360 Uniform interstate family support act Ch. 26.21A UNIFORM TRADE SECRETS ACT Misappropriation statute of limitations for actions 19.108.060 (2008 Ed.) UNIFORM UNCLAIMED PROPERTY ACT (See UNCLAIMED PROPERTY) UNIFORMITY In system of county government to be provided for Const. Art. 11 § 4 In taxation required Const. Art. 7 § 1, Const. Art. 7§9 UNITED FUND Payroll deductions by public employees 41.04.035, 41.04.036 UNITED GOOD NEIGHBORS County officers and employees, deduction from salary for United Good Neighbors authorized 36.17.045 UNITED STATES Aeronautics, federal licensing Ch. 14.16 Agreements to secure federal aid within scope of highway advertising control act of 1961 authorized 47.42.110 Alien property custodian, notices to, concerning property affecting aliens 4.28.330, 4.28.340, 4.28.350 Bond issues, sale to United States at private sales Ch. 39.48 amortization 39.48.020 chapter optional 39.48.040 Bonds or obligations disposal by county 36.33.190 mutual savings banks, authorized investment for 32.20.030 savings and loan associations, investment in 33.24.020 statewide city employees’ retirement system funds, investment in 41.44.100 Civil defense, See EMERGENCY SERVICES, DEPARTMENT OF Clean water act, implementation by state 90.48.260, 90.48.261, 90.48.262, 90.48.264 Compact of state with Const. Art. 26 § 2 Comprehensive Environmental Response, Compensation and Liability Act, state participation and administration 43.21A.440 Congressional elections, See ELECTIONS, subtitle Congressional Consent of United States necessary in disposing of certain lands Const. Art. 16 § 1 Constitution, See CONSTITUTION, UNITED STATES County property, long term leases 36.34.310 Courts, state judges having unfinished law business in 2.48.200 Department of commerce, state to place road markers as requested by department 47.36.090 District court, actions affecting title to real property in federal district court 4.28.325 Donation law, ejectment and quieting title actions as to donation claims 7.28.280 Emergency public works Ch. 39.28 Employees, See UNITED STATES, subtitle Officers and employees Enemy aliens, tolling of statute of limitation of actions 4.16.210 Facilities of United States displaced for state highway purposes, department of transportation may exercise powers of eminent domain to relocate 47.12.150 Federal interstate highway system, TacomaSeattle-Everett highway facility to be part of 47.10.702 Federal property bids by state or political subdivision 39.32.070 purchase by political subdivision authorized 39.32.070, 39.32.080 procedure 39.32.090 state, authorized 39.32.070, 39.32.080 Federal reclamation areas, state lands within Ch. 89.12 Federal surplus property general administration rules and regulations 39.32.060 Federal-aid for highway purposes, acceptance and administration of 47.04.050, 47.04.060, 47.04.070 custody of federal funds, disbursement 47.08.130 state to match federal funds 47.08.020 Federal-aid highway act of 1956 pledge of federal funds to be received under 47.10.718 Tacoma-Seattle-Everett facility to be constructed under 47.10.702 Fish and fishing agreements with state 77.12.275 fish cultural stations, laboratories, and protective devices for Columbia river fish 77.12.285 Fish restoration and management projects, federal act Ch. 77.75 Flood control county lease or conveyance 36.34.220, 36.34.230, 36.34.240 state and federal cooperation authority for 86.24.020 contracts authorized 86.24.030 contracts with other governmental units 86.24.040 extent of participation 86.24.030 state interest 86.24.050 Foreign trade zones application for permission to establish, operate and maintain 24.46.020 cities and towns 35.21.805 counties 36.01.125 port districts, general permission to operate 53.08.030 Forest lands conveyance to counties 36.34.210 Forts, congress to have exclusive control Const. Art. 25 § 1 Funds toll bridges, acceptance of federal funds 47.56.130 Geological survey, cooperation with for purposes of 43.92.060 Home owner’s loan corporation bonds collateral security, bonds are eligible as 39.60.030 exchange of public or trust mortgages, contracts, judgments, and liens for authorized 39.60.020 valid investment for public and trust funds 39.60.010 Immigration authorities, aliens, notice to immigration authorities when committed to state institutions for crime 10.70.140 Indians, See INDIANS Industrial insurance, See INDUSTRIAL INSURANCE, subtitle United States Insured deposits and accounts by federal government, use of as collateral security 39.60.040 Intercounty incorporation authority to deal with 35.02.250 utility services 35.02.250 Investment company on trust securities savings and loan associations, investment in 33.24.025 Irrigation districts contracts with cancellation procedure 87.03.280 generally Ch. 87.68 indemnity contracts by state 87.48.020 Joint operating agencies, contracts with for power 43.52.391 Lands acquisition from state cession of state jurisdiction, reverter 37.04.020 consent of state given 37.04.010 previous cessions of jurisdiction saved 37.04.040 purposes 37.04.010 [RCW Index—page 777] UNIVERSITY OF WASHINGTON reserved jurisdiction of state 37.04.030 adverse possession against prohibited 7.28.090 concurrent jurisdiction with state, procedures 37.04.050 consent of necessary in disposing of certain lands Const. Art. 16 § 1 taxation not to be imposed Const. Art. 26 § 2 title to unappropriated lands Const. Art. 26 § 2 Limited access highways, cooperation with United States in constructing and maintaining authorized 47.52.020 contract and franchise rights 47.52.090 Missing persons act, written finding of death, etc., by federal officer or employee prima facie evidence 5.40.030 Mortgages, foreclosure 61.12.061 Municipal airports, federal aid 14.08.160 National defense facilities act, acceptance by state 38.48.050 National forests, See NATIONAL FORESTS; UNITED STATES, subtitle Forest lands National guard, See MILITIA AND MILITARY AFFAIRS National system of interstate and defense highways within state, adoption of standards, rules and regulations for 47.52.027 Navigation, county lease or conveyance for 36.34.220, 36.34.230, 36.34.240 Obligations savings and loan associations, investment in 33.24.025 Office under United States, acceptance vacates seat in legislature Const. Art. 2 § 14 Officers and employees interchange of personnel between state and federal government 41.04.150, 41.04.160, 41.04.170 militia duty, exemption from 38.44.030 Olympic National Park, See OLYMPIC NATIONAL PARK Port district leases with, limitations 53.08.180 Port district revenue bonds, sale to 53.40.050 Property, subject to state taxes Const. Art. 7 § 3 Public works emergency public works Ch. 39.28 federal loans and grants for, acceptance of authorized 39.28.040 Publication of legal notices, fees to be charged 65.16.091 Rainier National Park, See RAINIER NATIONAL PARK Receipt of federal funds for construction of toll bridges authorized 47.56.130 Reclamation county lease or conveyance 36.34.220, 36.34.230, 36.34.240 Reclamation areas, state irrigation or reclamation districts within, See IRRIGATION DISTRICTS Reclamation areas, state lands within federal areas Ch. 89.12 Rural rehabilitation program, agreements with and funds from federal government Ch. 15.70 Safe Drinking Water Act, state participation and administration 43.21A.445 Savings bonds beneficiary’s survival of registered owner, effect 11.04.240 co-owner, effect of death of 11.04.230 Securities of United States mutual savings banks, investment in 32.20.440 Social security benefits agreements for participation of state and political subdivision employees, employees’ contributions, OASI contribution fund Ch. 41.48 direct payments to survivors or secretary of social and health services, effect 11.66.010 [RCW Index—page 778] OASI contribution fund, state and political subdivision employees Ch. 41.48 Social security, See also FEDERAL SOCIAL SECURITY Soldiers’ and sailors’ civil relief act of 1940 to apply in state courts 73.16.070 Standard and daylight saving time in local areas under federal control 1.20.050 State land settlement contracts, irrigation districts 87.48.020 State to cooperate with United States on road markers 47.36.090 Steelhead petition congress to make national game fish 77.110.020 Survey markers of United States, transportation department to aid in restoration of 47.36.010 Taxation lands of, taxes not to be imposed Const. Art. 26 § 2 property, subject to state taxes Const. Art. 7 § 3 Title to unappropriated lands remains in Const. Art. 26 § 2 Transportation, department of rules and regulations for transporting explosives and flammables, state to approximate 46.48.170, 46.48.180 Unincorporated towns on, See TOWNSITES Water pollution control, cooperation between state and federal government 90.48.153 Water pollution control act forest practices, compliance with federal act 90.48.425 Wildlife restoration, federal act Ch. 77.75 UNIVERSITY OF WASHINGTON (See also COLLEGES AND UNIVERSITIES) AIDS center for AIDS education 70.24.400 training and educational materials 70.24.250 Arboretum and botanical gardens conveyance of part to Seattle 28B.20.354 deed 28B.20.352 grant of state land 28B.20.350 Lake Washington shorelands 28B.20.360 reconveyance for state highway purposes 28B.20.356, 28B.20.364 reverter for nonarboretum use 28B.20.356, 28B.20.364 Branch campuses, Tacoma and BothellWoodinville area 28B.45.020 Buildings and facilities contracts for improvements, construction 28B.20.140 employment of architects, engineers, authorized 28B.20.135 Burke museum Ch. 27.40 Campus approach highway authorized 47.20.590 acquisition of property for 47.20.600 condemnation for 47.20.610 measure of damage to buildings 47.20.620 sale of buildings and personalty acquired in acquisition of land 47.20.630 use declared public use 47.20.605 Seattle city ordinance requisite 47.20.635 Children’s center for research and training in mental retardation administration 28B.20.412 established 28B.20.410 purposes 28B.20.414 Collective bargaining Ch. 41.76 Consortia or centers regent authority 28B.20.130 Corrections mental health center for offenders collaborative arrangement with department of corrections 72.09.350 Courses, studies, and instruction courses exclusive to 28B.20.060 graduate work 28B.10.120 major courses common to University of Washington and Washington State University 28B.10.115 Dentistry school authorized 28B.20.300 faculty and residents, licensure without examination 18.32.195 Designation, name, location 28B.20.010 Drug testing laboratory employees, duties, compensation 28B.20.315 Employees’ suggestion program Ch. 41.60 Engineering school, occupational and environmental research facility advisory committee, dean as member 28B.20.456 Extension department, head as member of board of supervisors 28A.335.270 Fees building fees disposition 28B.15.210, 28B.20.720 exemptions children of law enforcement officers and fire fighters who died or were disabled in the line of duty 28B.15.380 installment payments 28B.15.411 medical or dental, exemption for certain nonresidents 28B.15.225 refund, cancellation 28B.15.600 special fees, disposition 28B.15.220 Fees, See COLLEGES AND UNIVERSITIES, subtitle Fees Forest resources college center for international trade in forest products created 76.56.010 director, appointment of 76.56.030 duties 76.56.020 funding sources 76.56.050 programs, research, advisory services, use of fee schedule 76.56.040 Forest resources institute Ch. 76.44 Forestry demonstration forest and experiment station, land exchange 79.17.030 institute of forest resources Ch. 76.44 Funds local borrowing authority Ch. 28B.142 spending by regents, limited to income 28B.20.145 University of Washington account created 43.79.080 University of Washington bond retirement fund 28B.20.720 University of Washington permanent fund investment in regents’ revenue bonds 43.84.140 investment of surplus moneys in 43.84.031, 43.84.041, 43.84.051, 43.84.061 Health care resources, online access 43.70.112 Highly capable students, contract to provide early entrance and transition education 28A.185.040 Hospital, authority to operate 28B.20.440 Hospital project bonds, See HOSPITAL PROJECT BONDS Lake Union shorelands, transfer to university 28B.20.370 Local borrowing authority Ch. 28B.142 Marine biological preserve 28B.20.320 Math, engineering, and science achievement program coordinator 28A.625.220, 28A.625.230 establishment at University of Washington, goals 28A.625.210 local program centers 28A.625.240 Medical school admissions preference for students from rural areas 28B.20.500 authorized 28B.20.300 occupational and environmental research facility advisory committee, dean as member 28B.20.456 requisites for approval 18.71.055 teaching-research physicians limited licenses 18.71.095 Occupational and environmental research facility (2008 Ed.) USURY acceptance and administration of loans, gifts, funds 28B.20.458 advisory committee 28B.20.456 construction and maintenance authorized 28B.20.450 funding 51.16.042 research data and information 28B.20.454 submission of problems to facility 28B.20.454 Occupational and environmental research facility advisory committee, membership 28B.20.456 Off-campus programs regent authority 28B.20.130 Railroad rights-of-way agreement 28B.20.332 confirmation, terms 28B.20.330 deed 28B.20.334 easement by deed 28B.20.336 Real property bond issues—1957 act refunding bonds 28B.20.730 eminent domain against by railroads and canal companies authorized 81.36.010 revenue, disposition 28B.20.800 streets and boulevards, conveyance of university site dedication 28B.20.340 eminent domain barred 28B.20.344 local assessments barred 28B.20.342 transfer of revenue authorized 28B.20.810 transfer of revenue ratified 28B.20.805 Realty, lease of public lands hunting and fishing rights 28B.20.328 Regents appointment Const. Art. 13 § 1 appointment, terms, vacancies, quorum 28B.20.100 consortia or centers, authority 28B.20.130 courses of study prescribed 28B.20.130 degrees, granting 28B.20.130 diplomas, granting 28B.20.130 employees of board 28B.20.110 faculty members and employees, employment of 28B.20.130 meetings 28B.20.105 off-campus programs, authority 28B.20.130 officers of board 28B.20.105 powers and duties 28B.20.130 secretary 28B.20.110 treasurer 28B.20.110 university fund expenditures 28B.20.130 Rural health care professionals funding of additional expenditures required by act 70.180.130 Scholarships engineering graduate scholarships 28B.20.420 direction of program, student qualifications 28B.20.422 School of medicine DNA identification system 43.43.752 services to law enforcement agencies 43.43.756 Sea grant program geoducks 28B.20.475, 28B.20.476 technical assistance to salmon habitat projects 77.85.080 State register, considered state agency for purpose of 34.08.050 Students liability coverage authorized, scope 28B.20.250 exclusive authority—RCW 28B.20.250 through RCW 28B.20.255 28B.20.255 self-insurance revolving fund 28B.20.253 Technology center administration, board of directors 28B.20.289 availability of facilities 28B.20.295 community, trade, and economic development department responsibilities 28B.20.293 created 28B.20.285 definitions 28B.20.287 renewable energy and energy efficiency (2008 Ed.) business development strategic plan 28B.20.296 clean energy policy 28B.20.298 small business innovation research assistance program 28B.20.297 staff, faculty, and facilities support 28B.20.291 Technology program degrees 28B.20.280 University tract board of regents, powers 28B.20.395, 28B.20.398 bonding authority 28B.20.396 defined 28B.20.381 lease, conditions 28B.20.382 payment for governmental services 28B.20.394 sale, conditions 28B.20.382 Warren G. Magnuson institute for biomedical research and health professions training 28B.20.462 endowment fund 28B.20.472 endowment fund earnings, expenditure 28B.20.466 state matching funds, eligibility 28B.20.470 trust fund 28B.20.468 UNKNOWN HEIRS AND CLAIMANTS Judgment, effect of 4.28.160 Quieting title actions against 7.28.010 Suing and serving 4.28.140, 4.28.150 UNLAWFUL ENTRY AND DETAINER (See also FORCIBLE ENTRY AND DETAINER) Definitions 59.16.010 Parties to action 59.16.040 Pleadings allegation of plaintiff 59.16.030 answer, statement of claim 59.16.020 complaint, oath 59.16.020 denial of ownership by defendant, Code of 1891 59.16.030 Trial of separate issues 59.16.040 Use of force, See FORCIBLE ENTRY AND DETAINER Writ of restitution service 59.18.390 UNSOLICITED GOODS Consumer protection act, application 19.56.030 Goods or services are gifts, when 19.56.020 Newspapers or periodicals sent without order are gift 19.56.010 URANIUM (See also NUCLEAR ENERGY AND RADIATION) Mill tailings bonds exemptions 70.121.130 forfeiture, use of funds 70.121.120 performance security 70.121.100 requirements for 70.121.110 collection by attorney general of amounts owed state 70.121.150 definitions 70.121.020 facilities operations and decommissioning operator’s responsibilities 70.121.040 secretary, monitoring 70.121.040 legislative findings 70.121.010 license conditions 70.121.030 duration 70.121.030 fees 70.121.030 lien created for amounts owed state 70.121.140, 70.121.150 on-site inspections and monitoring 70.121.090 perpetual care charges for, limitation 70.121.050 land acquisition 70.121.060 site and materials ownership 70.121.070 site transfers, payment for 70.121.080 URBAN ARTERIAL CONSTRUCTION (See HIGHWAYS, subtitle Urban arterial construction) URBAN RENEWAL (See also CITIES AND TOWNS, subtitle Housing authorities law; CITIES AND TOWNS, subtitle Urban renewal) Community redevelopment financing Ch. 39.88 Community revitalization financing Ch. 39.89 URBAN TRANSPORTATION SYSTEMS (See also CITIES AND TOWNS, subtitle Transportation systems; MOTOR VEHICLES, subtitle Ride sharing; PUBLIC TRANSPORTATION SYSTEMS) City limits, extension beyond, limitation 35.84.060 Cooperative agreements between state and political subdivisions to establish 47.28.140 Exclusive use of highways for 47.48.010 Exempt from motor freight carrier law 81.80.040 Ferry vessels, acquisition under urban mass transportation act of 1964 agreement with federal administrator authorized 47.61.010 bond issue to provide state matching funds amount 47.61.020 authorized 47.61.020 conditions for issuance 47.61.020 denominations 47.61.050 highway bond retirement fund 47.61.100 issuance and sale 47.61.020 legal investment for state funds 47.61.050 motor vehicle fuel excise taxes pledged 47.61.070 motor vehicle fund, use of 47.61.090 negotiability 47.61.040 not general obligation 47.61.070 payment of bonds 47.61.070, 47.61.090, 47.61.100 prior redemption, use of excess funds for 47.61.110 proceeds, deposit and use 47.61.060 registration 47.61.040 sale, manner of 47.61.050 signatures 47.61.040 terms and conditions 47.61.030 Franchises on state highways 47.44.010 Limited access facilities, cooperative agreements between governmental entities 47.52.090 Public nuisances interference with municipal transit vehicle or station 9.66.010 obstruction or interference with vehicles or access to stations 7.48.140 Public urban transportation systems declaration of public purpose 47.04.083 definition 47.04.082 highway funds may be expended for 47.08.070 participation of transportation department in 47.04.081 Toll bridges, granting of franchises for, authorized 47.56.256 USE TAX (See TAXES - SALES AND USE) USED CARS (See MOTOR VEHICLES, subtitle Used vehicles-sale) USES Conditional permits, counties appeals 36.70.890 authority of board of adjustment 36.70.810 time limits for 36.70.840 USURPATION OF OFFICE Quo warranto proceedings ground for information, when 7.56.010 information requisites 7.56.040 judgments of ouster or forfeiture 7.56.100 USURY (See also INTEREST, subtitle Usury) Alien bank loans, applicable to 30.42.150 Consumer leases 63.10.060 [RCW Index—page 779] UTILITIES Consumer protection act, application 19.52.036 Defense, exceptions 19.52.080 Defense of usury prohibited in transactions occurring after May 1, 1980 and before March 1, 1981 19.52.090 Loans by alien banks, applicable to 30.42.150 Loans made outside state, application 19.52.034 Mobile home purchase, chapter inapplicable 19.52.160 Pawnbrokers’ rate of interest 19.60.060 Penalty 19.52.030 Property taxes, delinquency interest, penalties, costs 19.52.140 Rates in absence of agreement 19.52.010 consumer leases, application 19.52.010 Rates amounting to usury 19.52.020 Retail charge agreements assignees, exclusion 19.52.130 Retail installment contracts assignees, exclusion 19.52.130 Retail installment transactions excluded from usury law 19.52.100 Sales contracts, deferred payment of purchase price, excluded from application of usury law 19.52.120 Securities brokers-dealers, exclusion 19.52.110 Set up charge permitted, when 19.52.020 Tax-qualified retirement plan loans chapter inapplicable 19.52.170 Validity of contracts, effect 19.52.030 UTILITIES (See also CITIES AND TOWNS, subtitle Utilities; LANDLORD AND TENANT, subtitle Residential landlordtenant act, utility services; PUBLIC UTILITIES; PUBLIC UTILITY DISTRICTS) Accounts, inspection by commission authorized 80.04.070 Billing budget billing or equal payment plan 35.21.300, 80.28.010 voluntary contributions to assist low-income customers 54.52.010, 54.52.020, 54.52.030 Bonds, refunding with general obligation funding bonds Ch. 39.52 City light, water, sewers, power to increase indebtedness for Const. Art. 8 § 6 Easements or rights of way over state lands, See PUBLIC LANDS Electric service cooperatives attachments to poles 23.86.400 irrigation pumping service tariff 23.86.410 Electrical utilities civil immunity for good faith mistakes 35.21.415 consumer protection for retail customers Ch. 19.29A service installation charges customer may contract privately 35.22.640 Energy conservation coordination by department of general administration 39.35C.030 sale of conserved energy 39.35C.040 Energy independence act Ch. 19.285 Examinations, officers and employees of public service companies 80.04.070 Heat suppliers, See HEATING SUPPLIERS Intercounty incorporation dealings with United States 35.02.250 Liens real property, satisfaction of unrecorded utility liens Ch. 60.80 Local utility districts, See LOCAL UTILITY DISTRICTS Locally regulated utilities attachments to poles 24.06.600, 35.21.455, 35A.21.125, 54.04.045 Low-income energy assistance termination of utility heating service city-owned utility 35.21.300 limitation 80.28.010 [RCW Index—page 780] limitations 54.16.285 voluntary contributions to assist low-income customers 54.52.010, 54.52.020, 54.52.030 Metropolitan municipal corporations, See METROPOLITAN MUNICIPAL CORPORATIONS Public lands aquatic lands—easements and rights of way Ch. 79.110 easements over Ch. 79.36 Public service companies accounts, inspection by commission authorized 80.04.070 examinations, officers and employees 80.04.070 records and documents, inspection by commission authorized 80.04.070 Public utilities, public policy against duplication of equipment Ch. 54.48 Public utility districts acquisition of property 54.16.020 Public utility districts, See also PUBLIC UTILITY DISTRICTS Records and documents, inspection by commission authorized 80.04.070 Special permits for oversize and overweight movements by 46.44.092 Taxation Ch. 84.12 Telephone buyers’ protection act Ch. 19.130 Telephones local exchange companies small companies, regulatory exemptions and reporting requirements 80.04.530 Termination of utility heating service city procedure 35.21.300 limitations 35.21.300, 80.28.010 Underground utility location confirmation code, excavation excavating without, penalty 19.122.090 false code, penalty 19.122.110 provider of code 19.122.120 violations, affirmative defense 19.122.100 damage notice to utility 19.122.050 damage repairs or relocation 19.122.050 definitions 19.122.020 excavator’s duties and liability for damages 19.122.040 exemption from liability 19.122.045 exemption from notice and marking requirements 19.122.060 marking 19.122.030 notice by excavators to owners of facilities 19.122.030 one-number locator services 19.122.027, 19.122.030 pipeline companies, duties after notification 19.122.035 pipeline companies, excavators to notify 19.122.033 projects under contract 19.122.040 violations, penalties 19.122.055, 19.122.070, 19.122.075 waiver of notification and marking 19.122.080 UTILITIES AND TRANSPORTATION COMMISSION (See also PUBLIC UTILITIES; TRANSPORTATION COMPANIES) 911 service enhanced 911 service business service requirements 80.36.560 residential service requirements 80.36.555 Accidents investigations and examinations 80.04.460, 81.04.460 notice to commission 80.04.460, 81.04.460 Accounts access of commission to 80.04.090, 81.04.090 depreciation and retirement accounts 80.04.350, 81.04.350 forms 80.04.090, 81.04.090 merchandise accounts to be kept separate 80.04.270, 81.04.270 out-of-state records and accounts, power of commission to require production of 80.04.100, 81.04.100 Actions conclusiveness of order or rule in actions between private parties and public service companies 80.04.410, 81.04.410 findings of commission prima facie correct 80.04.430, 81.04.430 intervention by commission where rule or order involved, notice to commission, judgment void, when 80.04.420, 81.04.420 overcharges court procedure 80.04.240, 81.04.240 when deemed to accrue 81.04.236 summary proceedings in superior court appeals to supreme court 80.04.260, 81.04.260 attorney general, duties 80.04.260, 81.04.260 injunction 80.04.260, 81.04.260 joinder of parties 80.04.260, 81.04.260 mandamus 80.04.260, 81.04.260 Actions to recover penalties, disposition to state general fund, exception 80.04.400, 81.04.400 Affiliated interests, filing requirements 81.16.020 Alternate operator services rulemaking authority 80.36.524 Appeals railroad crossing determinations 81.53.170 Appeals of superior court judgments court action on overcharges 80.04.240 summary proceedings in superior court 80.04.260 Appeals to supreme court court action on overcharges 80.04.240, 81.04.240 Appellate review of superior court judgments 80.04.190, 80.04.260, 81.04.260 Appraisal costs of assessed to public service companies 80.20.020 collection 81.20.030 disposition to public service revolving fund 80.20.020, 81.20.020 interest on unpaid cost assessment 80.20.030 limitation upon 80.20.020, 81.20.020 payment of 81.20.020 frequency limitations upon making 81.20.060 necessity of, commission’s determination conclusive 80.20.040, 81.20.040 order of commission not subject to review 80.20.050, 81.20.050 Arrest without warrant, when 80.04.470, 81.04.460 Assistants 80.01.030 Attorney general common carriers, action to collect treble damages for rebates, discounts, refunds, etc., attorney general to bring 81.28.220 compliance with law by persons or corporations regulated, duty to enforce 80.01.100, 80.04.510, 81.04.500 duty to represent 80.01.100, 80.04.510, 81.04.500 summary proceedings in superior court, duties 80.04.260, 81.04.260 Bond of members 80.01.020 Budgets of expenditures authority of commission to regulate and control 80.04.300, 81.04.300 emergency expenditures 80.04.330, 81.04.330 examinations by commission 80.04.310, 81.04.310 filing of 80.04.300, 81.04.300 investigations by commission 80.04.310, 81.04.310 objection or rejection by commission 80.04.310, 81.04.310 (2008 Ed.) UTILITIES AND TRANSPORTATION COMMISSION orders of commission as to 80.04.310, 81.04.310 publication by commission, withholding of 80.04.320, 81.04.320 rejected items, effect 80.04.330, 81.04.330 rules and regulations of commission as to 81.04.320 rules of commission as to 80.04.320 supplementary budgets 80.04.300, 81.04.300 Business conducted without approval procedure by commission 81.04.510 Business subject to regulation proceedings to determine 80.04.015 water system burden of proof on utility to show that it is exempt from regulation 80.04.015 Capitalization, power to authorize 80.08.080 Chairman designated by governor 80.01.010 Commissioners certifications, power to make 80.04.020, 81.04.020 defined 81.04.010 oaths, administering power 80.04.020, 81.04.020 pro tempore 80.01.035 subpoena power 80.04.020, 81.04.020 witness, power to compel attendance and testimony 80.04.020, 80.04.050, 81.04.020, 81.04.050 Common carriers authority to regulate 81.04.540 household goods, carriage of estimate of charges, penalty when actual charges exceed estimate by more than allowed margin 81.80.132 Common carriers, facilities and services, authority of commission to order improvement in 81.28.240 Common carriers, See also TRANSPORTATION COMPANIES, subtitle Common carriers Complaints 81.04.110 commission may make 80.04.110 copy, service of 80.04.110 damages, no dismissal because of lack of 80.04.110 drinking water standards investigation of compliance with 80.04.110 joinder of complaints or grievances 80.04.110 public service company against another public service company 80.04.110 water system failing to meet board of health standards 80.04.110 who may make 80.04.110 Conservation service tariffs, commission duties 80.28.303 Construction, release or waiver of rights, penalties, or forfeiture, title not construed as 80.04.480, 81.04.470 Contempt, refusal of witness to attend hearings or testify 80.04.020, 81.04.020 Contracts, utility services, intercounty incorporation 35.02.250 Copies of orders, rules and regulations, etc. admissibility in evidence 80.04.450, 81.04.450 fees for 80.04.450, 81.04.450 publication 80.04.450, 81.04.450 Created 80.01.010 Damages, liability of public service companies to persons or corporations affected by violation of law, order, or rule 80.04.440, 81.04.440 Defined 81.04.010 Definitions 80.04.010, 81.04.010 Disabled and elderly persons, transportation services Ch. 81.66 Drinking water standards water companies and systems investigation of compliance with 80.04.110 Earnings in excess of reasonable return, consideration in fixing rates 80.04.360, 81.04.360 (2008 Ed.) Elderly and disabled persons, transportation services Ch. 81.66 Electrical companies consumer protection for retail customers Ch. 19.29A net metering of electricity Ch. 80.60 rates and charges energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners 80.28.065 water conservation goals, achievement of, consideration in setting 80.28.025 Electrical companies, See also PUBLIC UTILITIES, subtitle Electrical companies Employees peace and police officer status, designation 80.04.470, 81.04.460 Energy conservation and production from renewable resources, encouragement of 80.28.025 legislative finding 80.28.024 Energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners of property, requirements 80.28.065 Energy efficiency programs incentive rate of return on investments in, adoption of policy allowing utilities to receive 80.28.260 Energy facility site evaluation council, membership 80.50.030 Enforcement of public service laws arrest without warrant, when 80.04.470, 81.04.460 duty of commission 80.04.470, 81.04.460 peace and police officer, status of employees, designation 80.04.470, 81.04.460 Evidence, copies of order, rules and regulations, admissibility in evidence 80.04.450, 81.04.450 Examinations accidents 80.04.460, 81.04.460 budgets of expenditures 80.04.310, 81.04.310 officers and employees of public service companies 81.04.070 Examiners emergency adjudications, appointment to preside and enter final order 80.01.060 hearings and investigations, powers 80.01.060 Excursion service carriers scope of authority, rule-making authority 81.70.270 Expenses of commission paid from public service revolving fund 80.01.080 Federal administrative agencies, authority to initiate or participate in proceedings before 80.01.075 Fees paid into public service revolving fund 80.01.080 Fees, See also PUBLIC UTILITIES, subtitle Fees; TRANSPORTATION COMPANIES, subtitle Fees Ferries, commercial certificate of convenience and necessity cancellation, revocation, suspension, alteration, or amendment of certificate, grounds for 81.84.060 temporary certificate may be issued in case of immediate and urgent need 81.84.070 Filings affiliated interests, filing of copy of contract or arrangement with commission 81.16.020 budgets of expenditures 80.04.300, 81.04.300 gross operating revenue statements 80.24.010, 81.24.010 rates and charges of gas, electrical and water companies 80.28.050 rules and regulations, objections to 80.04.160 Fire hydrants water companies may be required to maintain 80.28.250 Freight rail services rate, service, and safety, duties 47.76.230 Gas companies rates and charges energy conservation measures existing rate or charge for, duty of seller of real property to disclose prior to closing 64.04.200 extension of payment responsibility to subsequent owners 80.28.065 water conservation goals, achievement of, consideration in setting 80.28.025 Gas companies, See also PUBLIC UTILITIES, subtitle Gas companies Hazardous liquid pipelines authority to regulate, duties 81.88.060, 81.88.065, 81.88.090 excavation, prevention of third-party damage 81.88.070 Hearings actions deemed those of commission 80.01.050 contempt for refusal to attend and testify 80.04.020, 81.04.020 emergency adjudications, appointment to preside and enter final order 80.01.060 examiners, powers 80.01.060 findings of commission 80.04.120, 81.04.120 increase of rates and charges, burden of proof 80.04.130, 81.04.130 joinder of complaints or grievances 80.04.110 joint hearings and investigations 80.01.070 notice 80.04.110 order of commission 80.04.120, 81.04.120 outside state, power to hold 80.01.070 persons qualified to hold 80.01.050 practice and procedure 80.04.110, 81.04.110 records of proceedings 80.04.120, 81.04.120 rules and regulations, hearing on objections to 80.04.160 service of order 80.04.120, 81.04.120 time and place 80.04.110 transcript of testimony 80.04.120, 81.04.120 Heat suppliers, See HEAT SUPPLIERS High-speed ground transportation program Ch. 47.79 Inspections of accounts and records of public service companies 80.04.070, 81.04.070 Intervention by commission in any action where rule or order involved, notice to commission, judgment void, when 80.04.420, 81.04.420 Investigations accidents 80.04.460, 81.04.460 actions deemed those of commission 80.01.050 budgets of expenditures 80.04.310, 81.04.310 costs of assessed to public service companies 80.20.020, 81.20.020 collection 80.20.030, 81.20.030 disposition to public service revolving fund 80.20.020, 81.20.020 interest on unpaid cost assessment 80.20.030, 81.20.030 limitation of bond 80.20.020, 81.20.020 payment of 80.20.020, 81.20.020 examiners, powers 80.01.060 frequency limitations upon making 80.20.060, 81.20.060 joint hearings and investigations 80.01.070 necessity of, commission’s determination conclusive 80.20.040, 81.20.040 order of commission not subject to review 80.20.050, 81.20.050 outside state, power to hold 80.01.070 persons qualified to hold 80.01.050 Judgments [RCW Index—page 781] UTILITIES AND TRANSPORTATION COMMISSION commission not notified where rule or order of commission involved, when 80.04.420 order review by superior court 80.04.170 Jurisdiction, municipal utilities, limitation on jurisdiction of commission 80.04.500 Leases, utility facilities, federal law compliance 80.04.520 Logging roads private way of necessity, carriage of products of condemnees rate determination 8.24.040 "Low-level radioactive waste" defined 81.04.010 Low-level radioactive waste disposal sites rate setting commission powers 81.108.030 competitive company, classification as, criteria 81.108.110 complaints, hearing procedure 81.108.080 contract disposal rates, commission approval required 81.108.060 definitions 81.108.020 exemption from regulation absent a monopoly situation 81.108.100 extraordinary volume adjustment 81.108.070 jurisdiction of other state agencies unaffected 81.108.900 legislative purpose 81.108.010 maximum disposal rate initial determination of 81.108.040 revisions to rate, procedure 81.108.050 monopoly situation, determination of existence, criteria 81.108.100 revenue statements, requirements 81.108.090 supervision and regulation fees 81.108.090 "Low-level radioactive waste site operating company" defined 81.04.010 Membership 80.01.010 Meters, gas, water, electric, rules, charges, set by commission 80.28.180 Motor freight carriers fees imposed under chapter contest of, procedure to seek refund 81.80.115 refund petitions, rule-making authority regarding the handling of 81.80.115 regulatory fees payments 81.80.321 Motor freight carriers, See also TRANSPORTATION COMPANIES, subtitle Motor freight carriers Motor freight carrier’s license under chapter 81.80 RCW exempts from motor vehicle transporters’ licensing 46.76.010 Motor vehicle accident reports, tabulation and analysis of to be available to 46.52.060 Municipal utilities gas and hazardous liquid pipelines, safety 81.04.490 Municipal utilities, limitation on jurisdiction 80.04.500 Natural gas, compressed motor vehicle refueling stations declaration of public interest 80.28.280 identification of barriers to development 80.28.290 Nonprofit providers of transportation services for persons with special transportation needs Ch. 81.66 Notes issuance conditions and exceptions 80.08.043 Notices accidents, notice to commission 80.04.460, 81.04.460 rates and charges of gas, electrical and water companies 80.28.050 service of 80.04.075, 81.04.075 Oath of members 80.01.020 Obstructions and signs at railroad grade crossings, commission powers and duties relating to 47.32.140 Operations conducted without approval [RCW Index—page 782] procedure by commission 81.04.510 Orders affiliated interests, orders as to payments to 81.16.060, 81.16.070 budgets of expenditures 80.04.310, 81.04.310 change of by commission 80.04.210, 81.04.210 conclusiveness in actions between private parties and public service companies 80.04.410, 81.04.410 copies of admissibility in evidence 80.04.450, 81.04.450 fees for 80.04.450, 81.04.450 findings of commission prima facie correct 80.04.430, 81.04.430 following hearing 80.04.120, 81.04.120 effective date 80.04.120, 81.04.120 extension of time 80.04.120, 81.04.120 service of 80.04.120, 81.04.120 intervention by commission where rule or order involved in action, notice to commission, judgment void, when 80.04.420, 81.04.420 investigations and valuations 80.20.050, 81.20.050 joint action, apportionment of costs 80.04.140, 81.04.140 joint orders, power to make 80.01.070 liability of public service companies to persons or corporations affected by violation of order 80.04.440, 81.04.440 public service company complaining against another public service company, power of commission to make order to correct abuse 80.04.110, 81.04.110 publication 80.04.450, 81.04.450 rehearing petitions, grounds, procedure 80.04.200, 81.04.200 review of affiliated interests, orders as to payments to 81.16.090 review writ application to superior court of Thurston county 80.04.170 costs 80.04.170 court procedure upon 80.04.170 findings of court 80.04.170 judgment 80.04.170 return 80.04.170 supersedes 80.04.180 service of 80.04.075, 81.04.075 suspension of rate or charge changes 80.04.130, 81.04.130 underground storage of natural gas, order approving 80.40.040 violations, penalty 80.04.380, 81.04.380 violations by corporations other than public service companies, penalty 80.04.387, 81.04.387 employees, officers, penalty 80.04.385, 81.04.385 employees of corporations other than public service companies, penalty 80.04.390, 81.04.390 Ownership of stocks and bonds in regulated corporation, effect on qualifications 80.01.020 Peace and police officer status of employees, designation 80.04.470, 81.04.460 Penalties cumulative 80.04.480, 81.04.470 Powers and duties certain provisions not to detract from 80.01.300 generally 80.01.040 rule making power 80.01.040 transportation companies, regulation 80.01.040 utility companies, regulation 80.01.040 Private carriers rule-making conditioned on federal funds 46.73.020 Private way of necessity for logging road carriage of products of condemnees, rate determination 8.24.040 Process, how served 80.04.060, 81.04.060 Public disclosure exceptions 80.04.095 Public lands, easements over commission duties 79.36.630 Public service revolving fund common carriers, action to collect treble damages for rebates, discounts, refunds, etc., penalties paid into 81.28.220 costs of investigations and valuations deposited in 80.20.020, 81.20.020 created 80.01.080 expenses of commission paid from 80.01.080 fees paid into 80.01.080 regulatory fees, fines and penalties for failure to pay deposited in 80.24.050, 81.24.080 regulatory fees deposited in 80.24.040, 81.24.070 solid waste collection company fees deposited in 81.77.080 Public utility districts exemption from regulation 54.16.040 power rates, sales by private companies to districts 54.04.100 Publications budgets of expenditures, withholding of 80.04.320, 81.04.320 orders, rules and regulations 80.04.450, 81.04.450 Qualifications of members 80.01.020 Quorum 80.01.050 Radio communications service company scope of regulation 80.66.010 Radioactive or hazardous materials liability requirements commission to notify state control agency of coverage change 81.80.190 Rail services preservation program 47.76.240 Railroads safety practices, authority 81.04.540, 81.04.550 Railroads, See also RAILROADS; TRANSPORTATION COMPANIES, subtitle Railroads Rates and charges deaf and speech-impaired, long distance discount rates required for service in conjunction with telecommunications relay system 80.36.195 determination of rates of carriers by commission, hearing, considerations 81.04.250 duty to fix, basis 80.28.020 earnings in excess of reasonable return, consideration in fixing rates 80.04.360, 81.04.360 electrical companies, See PUBLIC UTILITIES, subtitle Electrical companies filing of 80.04.130, 81.04.130 gas companies, See PUBLIC UTILITIES, subtitle Gas companies hearing upon 80.04.130, 81.04.130 increase of, burden of proof 80.04.130, 81.04.130 merchandising capital or expense not to be considered in determining 80.04.270, 81.04.270 municipal utilities 80.04.500 overcharges action upon court procedure 80.04.240, 81.04.240 when deemed to accrue 81.04.236 court procedure in actions upon 80.04.240, 81.04.240 limitation of actions for 81.04.235 refund of 80.04.230, 81.04.230 reparations 80.04.220, 81.04.220 payments to affiliated interests not to be allowed in determining if nonapproved or disallowed 80.16.060, 80.16.070, 81.16.060, 81.16.070 (2008 Ed.) UTILITIES AND TRANSPORTATION COMMISSION reparations when excessive 80.04.220 solid waste collection companies 81.16.075 sufficiently remunerative, consent required before any change in 80.04.150, 81.04.150 suspension until hearing 80.04.130, 81.04.130 telecommunication services, temporary tariff reduction or waiver to promote service 80.04.130 telecommunications companies, decrease in rates, investigation and approval or rejection 80.04.130 telecommunications companies, decrease in rates not to be suspended 80.04.130 telegraph companies, See PUBLIC UTILITIES, subtitle Telegraph companies telephone companies, See PUBLIC UTILITIES, subtitle Telephone companies valuation of public service company property for purposes of ascertaining 80.04.250, 81.04.250 water companies, See PUBLIC UTILITIES, subtitle Water companies Records and documents access of commission to 80.04.090, 81.04.090 compelling production of contempt for refusal 80.04.020, 81.04.020 order of court to appear 80.04.020, 81.04.020 power of commissioners 80.04.020, 80.04.060, 81.04.020, 81.04.060 procedure 80.04.020, 81.04.020 refusal of witness, procedure 80.04.020, 81.04.020 subpoena power of commissioners 80.04.020, 81.04.020 superior court, powers and duties as to 80.04.020, 81.04.020 depositions, right of commission to demand when taking 80.04.060, 81.04.060 forms 80.04.090, 81.04.090 out-of-state records and accounts, power of commission to require production of 80.04.100, 81.04.100 proceedings and documents are public records 80.01.090 Records containing commercial information, protection 80.04.095 Regulatory fees 80.24.020 Release or waiver of rights, penalties, or forfeiture, title not construed as 80.04.480, 81.04.470 Removal of members, procedure 80.01.010 Repairs, improvements or additions to public utilities 80.28.130 Reparations for excessive rates and charges 80.04.220, 81.04.220 Reports accidents 80.04.460 annual to commission contents 80.04.080, 81.04.080 filing 80.04.080, 81.04.080 period of report 80.04.080, 81.04.080 monthly, periodical or special 80.04.080, 81.04.080 Rules and regulations admissibility in evidence 80.04.450, 81.04.450 adoption 81.04.160 budgets of expenditures 80.04.320, 81.04.320 conclusiveness in actions between private parties and public service companies 80.04.410, 81.04.410 copies of admissibility in evidence 80.04.450, 81.04.450 fees for 80.04.450, 81.04.450 publication 80.04.450, 81.04.450 findings of commission prima facie correct 80.04.430, 81.04.430 intervention by commission where rule or order involved in action, notice to commission, judgment void, when 80.04.420, 81.04.420 (2008 Ed.) liability of public service companies to persons or corporations affected by violation of rule or regulation 80.04.440, 81.04.440 objections to filing 80.04.160 hearings 80.04.160 proceedings, rules and regulations governing 80.04.160 promulgation 80.04.160 railroad employees, rules and regulations as to sanitation and shelter 81.40.095 review of 80.04.160 scope 80.04.160 Safety devices and signs at railroad-highway grade crossings, commission duties relating to 47.36.050, 47.36.070 Safety regulations municipal utilities, not subject to 80.04.500 Salaries 80.01.010 Seal 80.01.030, 80.01.090 Secretary 80.01.030 Securities authority of commission to regulate 80.08.020, 81.08.020 commission authority not affected by act in compliance with chapter 80.08.150 disposition, records 80.08.090 filing exemptions, conditions 80.08.047 filing with commission required prior to issuance 80.08.040 issuance 81.08.040 Service, public utility companies, order for improvement 80.28.030, 80.28.040 Service of process and papers 80.04.060, 81.04.075 Solid waste collection companies curbside recycling reduced rates, customer eligibility for participation in 81.77.190 processing and marketing of recyclable materials private recycling businesses, utilization of, requirements 81.77.180 rates pass-through rates, rule-making authority 81.77.160 rates and charges suspension of tariff changes 81.04.130 regulation and supervision of 81.77.030 residential sharps waste collection 70.95K.040 Solid waste collection districts, duties relating to Ch. 36.58A Solid waste management comprehensive solid waste management plan cost impact on rates, review of 70.95.096 Steamboat companies, See TRANSPORTATION COMPANIES, subtitle Steamboat companies Stocks, other securities customers, sale to 80.04.290, 81.04.290 employees purchase or sale of stock in other corporations deduction from salary of payments for prohibited 80.04.280, 81.04.280 requiring prohibited 80.04.280, 81.04.280 during working hours prohibited 80.04.280, 81.04.280 sale to 80.04.290, 81.04.290 Storage warehousemen, See TRANSPORTATION COMPANIES, subtitle Storage warehousemen Supersedes, order review by superior court 80.04.180 Tariff changes filing of 80.04.130, 81.04.130 hearing upon 80.04.130, 81.04.130 increase of, burden of proof 80.04.130, 81.04.130 suspension until hearing 80.04.130, 81.04.130 telecommunication services, temporary tariff reduction or waiver to promote service 80.04.130 Telecommunications companies abbreviated formal procedure, investigation and fact-finding 80.36.145 alternative forms of regulation 80.36.135 authority to regulate 80.01.110 contracts or agreements filing with commission, commission duties 80.36.150 rates and charges changes filing, notice and exception 80.36.110 Telecommunications service, rates, interstate, responsibilities 80.36.250 Telephone assistance program 80.04.130 Telephones extended area service determination of when service must be provided 80.36.855 local exchange companies small companies, regulatory exemptions and reporting requirements 80.08.160, 80.12.045, 80.16.055 mandatory measured service filings for, procedure and policy 80.04.130 rates and charges deaf and speech-impaired, long distance discount rates required for service in conjunction with telecommunications relay system 80.36.195 temporary tariff reduction or waiver to promote service 80.04.130 universal service program 80.36.600, 80.36.610, 80.36.620 Terms of office 80.01.010 Thermal energy companies exemption from commission authority 80.04.550 Transfers of property prohibited without authorization of commission, exception 80.12.020, 81.12.020 rules and regulations as to 80.12.050, 81.12.050 Transmission facilities attachments adoption of rules 80.54.060 application on facilities of other companies, exemption 80.54.050 definitions 80.54.010 rates, terms, conditions determination, fixing, commission order 80.54.030 just and reasonable rate, criteria 80.54.040 regulation, authorized 80.54.020 uniformity of rates, required 80.54.070 Transportation services for persons with special transportation needs Ch. 81.66 Underground storage of natural gas, notice of application made to 80.40.040 Underground utilities, location, damage Ch. 19.122 Vacancy in office of 80.01.010 Valuation costs of assessed to public service companies 80.20.020, 81.20.020 collection 80.20.030, 81.20.030 disposition to public service revolving fund 80.20.020, 81.20.020 interest on unpaid cost assessment 80.20.030, 81.20.030 limitation upon 80.20.020, 81.20.020 payment of 80.20.020 frequency limitations upon making 80.20.060, 81.20.060 necessity of, commission’s determination conclusive 80.20.040, 81.20.040 order of commission not subject to review 80.20.050, 81.20.050 [RCW Index—page 783] UTILITY LOCAL IMPROVEMENT DISTRICTS Warehousemen and wharfingers, See TRANSPORTATION COMPANIES, subtitle Warehousemen and wharfingers Washington telephone assistance program 80.04.130 Water companies board of health standards, failure to meet, basis for order to improve service 80.28.030 commission may enter into agreements with county to regulate companies located within county 80.28.185 drinking water standards investigation of compliance with 80.04.110 rates and charges extension, installation, and connection charges jurisdiction 80.28.270 reserve account 80.28.022 water conservation goals, achievement of, consideration in setting 80.28.010 Water companies, See also PUBLIC UTILITIES, subtitle Water companies Water system drinking water standards investigation of compliance with 80.04.110 nonmunicipal audits by commission 80.04.110 Witnesses compelling attendance and testimony contempt for refusal 80.04.020, 81.04.020 order of court to appear 80.04.020, 81.04.020 power of commissioners 80.04.020, 80.04.050, 81.04.020, 81.04.050 procedure 80.04.020, 81.04.020 refusal of witness, procedure 80.04.020, 81.04.020 subpoena power of commissioners 80.04.020, 81.04.020 superior court, powers and duties as to 80.04.020, 81.04.020 depositions, right of commission to take, powers 80.04.060, 81.04.060 fees and mileage amount 80.04.040, 81.04.040 payment or tender condition precedent to compelling attendance 80.04.020, 81.04.020 number, commission may limit 80.04.030, 81.04.030 self-incrimination, protection against 80.04.050, 81.04.050 UTILITY LOCAL IMPROVEMENT DISTRICTS Authority to establish cities and towns 35.43.042 counties 36.94.230 County roads and bridges, service districts, authorized to form 36.83.050 Metropolitan municipal corporations, general powers 35.58.500 Petition for creation 35.43.125 Potable water facilities 35.43.270 notice of proposal 36.94.235 Sanitary sewer facilities 35.43.270 notice of proposal 36.94.235 Water-sewer districts Ch. 57.16 UTILITY POLES Attachment of objects to prohibited 70.54.090 UTILITY TRANSMISSION LINES Attachment of objects to penalty 70.54.090 prohibition 70.54.090 Underground, cities and towns, authority for local improvement 35.43.040 VACANCIES IN OFFICE Agriculture, director of 43.17.040 Board of governors of Washington state bar association 2.48.030 Causes of death of incumbent 42.12.010 [RCW Index—page 784] election or appointment void 42.12.010 felony conviction 42.12.010 nonresident in district, etc., for which elected, exceptions 42.12.010 oath, conviction for violation of 42.12.010 oath, refusing to take or violating 42.12.010 official bond judgment against incumbent for breach of conditions 42.12.010 not filing on time 42.12.010 refusing to give or renew 42.12.010 removal of incumbent 42.12.010 resignation of incumbent 42.12.010 Cities and towns, mayor 35.18.190 Community development, director of 43.17.040 Corrections, secretary of 43.17.040 County board of adjustment 36.70.240 County commissioners township, precinct and road districts filled by Const. Art. 11 § 6 County officers 36.16.110 abandonment of duties 36.16.125 partisan elective office, acting official, appointment 36.16.115 County partisan elective offices Const. Art. 2 § 15 election to fill, when 42.12.040 Development credit corporation directors 31.20.050 District judge 3.34.100 Ecology, director of 43.17.040 Executive branch of government election to fill, when 42.12.040 Fish and wildlife, director of 43.17.040 General administration, director of 43.17.040 Governor Const. Art. 3 § 10 to fill offices of judges of superior court Const. Art. 4 § 5 justices of supreme court Const. Art. 4 § 3 Labor and industries, director of 43.17.040 Legislature Const. Art. 2 § 15 election to fill, when 42.12.040 Licensing, director of 43.17.040 Municipal court judges 35.20.150 Nonpartisan governing bodies filling of vacancy 42.12.070 Offices, filled by governor Const. Art. 3 § 13 Partisan county elective office Const. Art. 2 § 15 Resignation to whom made 42.12.020 Revenue, director of 43.17.040 Social and health services, secretary of 43.17.040 State, filled by governor until next election Const. Art. 3 § 13 State departments and agency directors 43.17.020 Superior court judges governor to fill Const. Art. 4 § 5 Supreme court judges governor to fill Const. Art. 4 § 3 Term of person elected to fill 42.12.030 Township, precinct, and road districts, how filled Const. Art. 11 § 6 Transportation, secretary of 43.17.040 Veterans affairs, director of 43.17.040 Washington army national guard head 38.12.015 VACANT LANDS Ejectment and quieting title action 7.28.080 VACATION OF JUDGMENTS (See JUDGMENTS, subtitle Vacation or modification of) VACATION OF LAND (See PLATS AND PLATTING, subtitle Vacation) VACATIONS County employees, hourly 36.32.390 Metropolitan municipal corporations, prior employees 35.58.400 State convention and trade center, Seattle vacation law inapplicable to officers and employees 43.01.045 State officers and employees accrual 43.01.040 accumulation in excess of 30 days 43.01.044 amount entitled to 43.01.040 computation of 43.01.040 extension for deferred leave 43.01.040 individual providers, family child care providers 43.01.047 part time employees 43.01.040 rules and regulations 43.01.043 severance of employment effect 43.01.041 transfers, effect upon 43.01.040 Unemployment due to, effect on unemployment compensation 50.20.115 VAGRANCY First class cities, providing for punishment of 35.22.280 VALIDITY OF STATUTES Appellate jurisdiction of supreme court Const. Art. 4 § 4 VANCOUVER NATIONAL HISTORIC RESERVE (See HISTORIC PRESERVATION) VANDALISM Cemeteries, damage or destruction of grounds or property Ch. 68.56 Insurance against, See INSURANCE, subtitle Casualty insurance VARIANCES Actions to recover personal property 4.36.210 VEGETABLES (See also HORTICULTURE) Controlled atmosphere storage condition and maturity standards 15.30.140, 15.30.150 definitions 15.30.010 identification of fruits and vegetables 15.30.130 injunctions 15.30.220 inspection and certification 15.30.160, 15.30.170, 15.30.180, 15.30.200 inspection certificate as evidence 15.30.190 intergovernmental cooperation 15.30.260 penalties for violations 15.30.250 rules enforcement 15.30.050 time, temperature, and air components 15.30.060, 15.30.120 unlawful acts 15.30.210 warehouse license 15.30.020, 15.30.030 denial, suspension, or revocation 15.30.080, 15.30.090 fee 15.30.040 renewal 15.30.070 subpoenas, witnesses and fees 15.30.100 warehouse number 15.30.110 Grades and packs Ch. 15.17 Grades and packs, See also HORTICULTURE Horticultural pests and diseases Ch. 15.08 Inspection and certification 15.17.140, 15.17.150 Pests and diseases condemnation of infected property 15.08.070 quarantine and regulation of movement Ch. 17.24 Potatoes certified seed potatoes restricted production areas, establishment Ch. 15.15 Retail sales, fresh country of origin information 15.04.415 Seed potatoes restricted production areas, establishment Ch. 15.15 State vegetable 1.20.140 Tax deferrals, fruit and vegetable businesses Ch. 82.74 VEHICLE EQUIPMENT SAFETY COMPACT Generally Ch. 46.38 (2008 Ed.) VERIFICATIONS VEHICLES (See MOTOR VEHICLES) VEHICULAR ASSAULT/HOMICIDE (See CRIMES) VENDING MACHINES Cigarettes Ch. 70.155, Ch. 82.24 Tax collection 82.08.080 VENEREAL DISEASES (See SEXUALLY TRANSMITTED DISEASES) VENUE (See also JURISDICTION) Actions brought where defendant resides 4.12.025 commenced where subject is situated 4.12.010 tried in county where cause arose 4.12.020 Actions against corporations 4.12.025 state 4.92.010 Change of 4.12.040 actions against state 4.92.010 completed, when 4.12.120 costs and fees of 4.12.090 county to which venue may be changed 4.12.060 district courts removal proceedings 4.14.010 grounds 4.12.030 justice courts prejudice, because of 3.20.100 removal proceedings 4.14.020, 4.14.030, 4.14.040 limitation on number of changes 4.12.060 newly created county, change to, procedure 4.12.070 prejudice of judge or court commissioner as grounds for 4.12.050 affidavit of prejudice 4.12.050 procedure 4.12.050 records, transmission of 4.12.090 stipulation of parties, by 4.12.080 vacation of order of due to neglect of moving party 4.12.110 Civil actions district courts 3.66.040, 3.66.050 Corporations involuntary dissolution nonprofit corporations 24.03.260 residence of for purposes of venue 4.12.025 Counties actions by or against 36.01.050 Criminal actions change due to prejudice of judge, conditions 4.12.040 change of venue costs when case transferred to another county 10.25.130 jury from another county 10.25.140 procedure 10.25.070 sending letter, when complete, where sender may be proceeded against 9.01.130 District courts 3.66.040, 3.66.050, 3.66.070 Domestic corporation without officer in state upon whom process can be served 4.28.090 Guardianship transfer of jurisdiction and venue 11.88.130 Insurance companies actions against insurers 48.05.220, 48.18.200 delinquency proceedings change 48.31.210 liquidation 48.31.210 Insurance contracts, provisions regarding 48.18.200 Juvenile offenses (crimes) 13.40.060 Logging liens, enforcement, venue of court 60.24.120 Manufactured/mobile home landlord-tenant actions 59.20.120 Militia, venue of actions against officers and enlisted persons 38.40.010 Mortgages, foreclosure 4.12.010, 61.12.040 Motions, change of venue on prejudice of judge or court commissioner 4.12.050 (2008 Ed.) vacation of due to neglect of moving party 4.12.110 Municipal courts, jurisdiction and venue 35.20.100 Ne exeat 7.44.070 Nonadmitted foreign organizations suits arising from real estate mortgage activities 23B.18.060 Perjured unsworn certified written statement, committed out of state 10.25.065 Personal property forfeiture, recovery after, venue 4.24.180 Real property recovery after forfeiture, venue 4.24.180 State actions against state 4.92.010, 4.92.090 Statewide special inquiry judge 10.29.120 Superior courts real estate actions liens on, enforcement of 2.08.210 quieting title 2.08.210 recovery of possession 2.08.210 Supplemental proceedings 6.32.240 Telephone calls, harassing where chargeable 9.61.250 Transcript, transmission of 4.12.100 VERDICTS Abstracts of cessation of lien, certificate to another county 4.64.100 entry, effect 4.64.100 execution docket entry 4.64.100 indexing of 4.64.100 preparation of 4.64.100 sending to another county 4.64.100 transmission of 4.64.100 Actions for recovery of personal property 4.44.420 Challenges to sufficiency of evidence eliminates, judgment in bar or nonsuit 4.56.150 Civil actions number of jurors who must render verdict 4.44.380, Const. Art. 1 § 21 procedure 4.44.380 Conviction, verdict of, reconsideration if mistake in law 10.61.060 Costs criminal proceedings default in payment, enforcement, collection 10.01.180 payment by defendant 10.01.160 payment, deferred, or by installments 10.01.170 Criminal proceedings acceptance and recording of 10.01.060 acquittal, verdict of, no reconsideration of 10.61.060 conviction, verdict of jury necessary for 10.01.060 costs default in payment, enforcement, collection 10.01.180 deferred, installment payments 10.01.170 payment by defendant 10.01.160 criminally insane, instructions to jury 10.77.040 degrees and lesser offenses 10.61.003 attempt included offense 10.61.003 specification of 10.61.010 doubt as to lower must be used 9A.04.100, 10.58.020 guilty of lesser degree than charged 10.61.003 included offenses 10.61.006 not guilty of higher degree, may be guilty of lesser 10.61.003 several defendants conviction or acquittal 10.61.035 specification of degree or attempt 10.61.010 judgment on, rendition 10.64.015 reconsideration of 10.61.060 acquittal, no reconsideration 10.61.060 guilty conviction if mistake in law 10.61.060 Deadly weapon, special verdict as to whether accused armed with 9.95.015 Defendants costs default in payment, enforcement, collection 10.01.180 payment requirement 10.01.160 costs, deferred, or by installments 10.01.170 Deliberation by jury, legal holidays, instructions requested on 2.28.100 District judges, civil actions, delivery of verdict to justice 12.12.080 Docket, entered in 4.64.020 Ejectment and quieting title actions 7.28.140 counterclaims for permanent improvements and taxes paid 7.28.170 plaintiff’s right to possession expires before trial 7.28.190 Entry of 4.44.460 index entry 4.64.020 notice, as 4.64.020 procedure 4.64.020 Filing of 4.44.460 Findings of fact by court deemed as verdict 4.44.060 General 4.44.410 inconsistency between special findings of fact and general verdict 4.44.440 Increase or reduction as alternative to new trial 4.76.030 correctness of verdict presumed 4.76.030 Indexing entry, procedure 4.64.020 Injunctions, stay of proceedings after, damages on dissolution 7.40.200 Inquests, verdict of jury 36.24.070 Joint debtor, action against after judgment limitation on verdict amount 4.68.060 Juries to assess amount of recovery in actions to recover money or setoff 4.44.450 verdict by less than twelve authorized, when Const. Art. 1 § 21 Legal holidays, received on 2.28.100 Lien cessation certification of to another county 4.64.100 execution docket procedure 4.64.100 when 4.64.100 Lost or destroyed verdict, substitution of copy authorized 5.48.010 Mandamus proceedings, certification of verdict 7.16.240 Prohibition proceedings, certification of verdict 7.16.320 Receiving verdict and discharging jury 4.44.460 Referee’s report deemed as, when 4.48.090 Rendition of polling jury 4.44.390 procedure 4.44.360, 4.44.370 Replevin 4.44.420 Special verdict 4.44.410 VERIFICATIONS (See also ACKNOWLEDGMENTS) Confession of judgment statement in writing 4.60.060 Cost bill 4.84.090 Disbursement statement 4.84.090 District judges, verification of small claims 12.40.070 Habeas corpus applications for writ 7.36.030 return of writ 7.36.100 Homesteads, petition for appraisal of homesteads 6.13.110 List of personal property where personal exemption claimed 6.15.060 Redemption assignment copy 6.23.080 Small claims 12.40.070 Tort claims against cities and towns 35.31.040 [RCW Index—page 785] VESSELS AND SHIPPING state 4.92.100 VESSELS AND SHIPPING (See also BOATS AND BOATING; TRANSPORTATION COMPANIES) Alcoholic beverages, dining places on vessels, See ALCOHOLIC BEVERAGES, subtitle Dining places on vessels and aircraft, retailer’s license Anchorage and wharfage within state, liens for, See LIENS, subtitle Boats and vessels Ballast discharge 88.28.060 Ballast water management Ch. 77.120 Carbon monoxide poisoning information brochure 88.02.260 warning sticker, display 88.02.250 Cargo loading, unloading, dunnaging, or stowing, See LIENS, subtitle Boats and vessels Certificates of title 88.02.070, 88.02.075, 88.02.120, 88.02.130, 88.02.140, 88.02.150, 88.02.160, 88.02.170, 88.02.180 Charter boats, regulation of boats operating on state waters Ch. 88.04 Cities and towns first class cities, regulations 35.22.280 second class cities, regulations 35.23.440 Contracts breach of, towing, dunnaging or stevedoring 60.36.060 Contracts for transportation, liens for, See LIENS, subtitle Boats and vessels Convicts, transportation into state prohibited 88.08.030 Crimes jurisdiction, public offense committed on Const. Art. 1 § 22 operating steamboat while intoxicated 9.91.020 public nuisance upon, maintaining or permitting 9.66.030 Crimes, See also CRIMES, subtitle Boats and vessels Dealers business identification 88.02.078 denial of license 88.02.235 display decals, unauthorized use 88.02.115 display decals, use 88.02.023 exemptions from requirements 88.02.230 failure to register, gross misdemeanor 88.02.112 nontransferable registration numbers 88.02.028 purchase of dealer registration to evade tax 88.02.118 records of purchases and sales 88.02.210 registration 88.02.060 registration, suspension for noncompliance with support order 88.02.189 registration denial, suspension, or revocation 88.02.188 temporary permits 88.02.184 trust accounts for cash sales 88.02.220 Definitions 88.02.010 Derelict vessels Ch. 79.100 account 88.02.030, 88.02.040, 88.02.050 authority of fish and wildlife department director 77.12.465 cities and towns 35.21.407 counties 36.32.620 optional municipal code cities 35A.21.320 Dunnaging, breach of contract for, lien creation and priority 60.36.060 Evidence of ownership 88.02.125 Fishing vessels program to purchase vessels and licenses Ch. 77.80 Gambling recovery by lessor if vessel used for gambling 4.24.080 Grays Harbor historical seaport, funding for restoration and preservation 88.02.052 Grays Harbor pilotage district [RCW Index—page 786] limited liability for countywide port district within 88.16.115, 88.16.118 Hazardous substances financial responsibility for spills Ch. 88.40 Identification document, fee 88.02.030 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Maritime Injuries committed while transporting, liens for, See LIENS, subtitle Boats and vessels Inspection of vessels 88.02.190 Insurance, See INSURANCE, subtitle Marine and transportation insurance; INSURANCE, subtitle Ocean marine and foreign trade insurance Jurisdiction, offenses committed on Const. Art. 1 § 22 Labor upon, liens for, See LIENS, subtitle Boats and vessels Liability of vessels, owners, or operators 88.16.118 Licensing department authority and duties Ch. 88.02 Liens on boats and vessels 60.36.020 Liens upon, See LIENS, subtitle Boats and vessels Lighthouses injury to prohibited, penalty 88.08.050 Lights or signals tampering with prohibited, penalty 88.08.020 Liquefied natural or propane gas, safety standards 88.16.200 Marine oil refuse dump and holding tank information 88.02.050 Maritime service, unemployment compensation 50.04.170 Oil and hazardous substance spill prevention and response Ch. 90.56 Oil pollution, See WATER POLLUTION CONTROL, subtitle Oil pollution control Oil spill prevention and response accidents and incidents 88.46.100 containment and recovery equipment, availability 88.46.160 contingency plans 88.46.060, 88.46.065, 88.46.068 coordination with federal law 88.46.020 definitions 88.46.010 emergency response system 88.46.130 enforcement of plans 88.46.070 field operations program 88.46.170 financial responsibility Ch. 88.40 inspection authority 88.46.167 marine safety ad hoc advisory committees, duties 88.46.200 maritime commission terminated 88.46.062, 88.46.063 nonprofit corporation providing contingency plan, transfer of maritime commission functions and assets to corporation 88.46.062, 88.46.063 oil transfers 88.46.165 prevention plans 88.46.040 refueling, bunkering, or lightering operations 88.46.160 small spill education program 79A.60.620 unlawful acts 88.46.080, 88.46.090 vessel equipment standards 88.46.120 vessel inspection 88.46.030 vessel screening 88.46.050 violations of rules 88.46.073 Oil tankers pilot requirement 88.16.170, 88.16.180 reckless operation, penalty 90.56.530 restricted waters and safety requirements 88.16.190 speed limit 88.16.195 Operating steamboat while intoxicated, penalty 9.91.020 Operation under influence of alcohol or drugs 90.56.540, 90.56.550, 90.56.560 Passengers, use of force when ejecting 9A.16.020 Pilotage certification of vessel before pilotage service offered 88.16.155 districts and waters affected 88.16.050 fees for applicants 88.16.070 small passenger vessels, exemption under pilotage act 88.16.070 unlicensed pilotage prohibited 88.08.060 vessels exempted and included under pilotage act 88.16.070 violations and penalties 88.16.150 Pilotage commissioners, board of members, powers, and duties 88.16.010, 88.16.020, 88.16.035, 88.16.040 Pilots accidents, reporting requirements 88.16.110 assignment to vessels 88.16.135 deviations from state laws, report 88.16.133 employment of licensed pilots, requirements 88.16.130 liability limitation 88.16.115, 88.16.118 licenses fees 88.16.090 mandatory termination at age of seventy 88.16.102 qualifications, examinations, and training programs 88.16.090 revocation, suspension, or disciplinary actions 88.16.100 lien for compensation 88.16.140 mandatory rest periods 88.16.103 newly licensed pilots, size and type of vessel prescribed 88.16.105 pilotage rates, requirements 88.16.120, 88.16.130 refusal of assignment 88.16.103 reports, requirements 88.16.110 testifying before legislature or board without sanctions 88.16.107 unlicensed pilotage prohibited 88.08.060 violations and penalties 88.16.150 Quarantine for public safety, See QUARANTINE, subtitle Boats and vessels Reckless operation of tankers, penalty 90.56.530 Recreational boats and boating, regulation Ch. 79A.60 Registration confidentiality for law enforcement purposes 88.02.035 credit or debit cards, payment of fees 46.01.235 derelict vessel removal surcharge 88.02.270 exceptions 88.02.030 false statements, penalty 88.02.055 federal boat safety act 88.02.025 fees, allocation 88.02.040 fees, collection and disposition 46.01.140 inspection by enforcement officers 88.02.090 issuance and collection of fees 88.02.040, 88.02.050 number and decal display 88.02.020 refunds of overpayments 88.02.055 rented vessels 88.02.028 suspension for noncompliance with support order 88.02.189 violations and penalties 88.02.110 voluntary donations for maritime historic restoration and preservation 88.02.052 watercraft excise tax 88.02.050 Rented vessels, registration 88.02.028 River and harbor improvements, planning and funding Ch. 88.32 Service of process, personal service on 4.28.080 Steamboats operating while intoxicated, penalty 9.91.020 Stevedoring, breach of contract for, lien creation and priority 60.36.060 Supplies furnished to, liens for, See LIENS, subtitle Boats and vessels Telecommunications underwater cable, damage by ship or vessel 80.36.070 Towing, breach of contract for, lien priority and creation 60.36.060 (2008 Ed.) VETERANS Unemployment compensation for maritime service 50.04.170 Virginia V, funding for restoration and preservation 88.02.052 Water pollution, See WATER POLLUTION CONTROL Watercraft excise tax 88.02.050 Wharves, docks, and landings Ch. 88.24 VESTED RIGHTS (See RIGHTS, subtitle Vested) VETERANS (See also SOLDIERS, SAILORS AND MARINES) Admission to practice law disability discharge, effect 2.48.100 fees 2.48.110 proof of requirements after discharge 2.48.090 before discharge 2.48.080 requirements 2.48.070 American Veterans Memorial Highway 47.17.140 Apprenticeships outreach effort 39.04.340 wounded combat veterans internship program 47.01.430 Armories, use of by veterans’ organization 38.20.010 Benefits, reemployment rights, requirements 73.16.035 Burial veterans’ plot in Olympia 73.24.020, 73.24.030 Washington veterans’ and soldiers’ homes 72.36.110 Businesses, veteran-owned 43.60A.190 Cemetery Ch. 72.36 Cities of first class retirement system, military service credit 41.28.050 City fire fighter examination, veterans’ preference 41.08.040 Civil service benefits and preferences limited to those subject to full, continuous military control 73.04.090 Commitment of person to veterans’ administration for hospital or institutional care, procedure 73.36.165 Conservation corps 43.46.151, 43.46.152, 43.46.153, 43.46.154, 43.46.155, 43.60A.150 Disabilities, with free motor vehicle license plate for certain service-connected, disabled veterans 73.04.110 indigent veterans and families, assistance programs Ch. 73.08 meeting places for veterans’ organizations, authority to provide 73.04.070 Documents belonging to deceased veterans, free to certain survivors 73.04.120 Employment preferences definitions 73.16.031 limited to those subject to full, continuous military control 73.04.090 public employment enforcement of rights 73.16.015 penalty for failure to comply 73.16.020 preference extended to 73.16.010 reemployment elective officers, leaves of absence for 73.16.041 eligibility requirements 73.16.035 enforcement of provisions 73.16.061 leave of absence, considered to be upon 73.16.051 required, exceptions and exemptions 73.16.033 seniority and benefits, not to lose 73.16.051 state militia rights 38.24.060 state militia rights 38.24.060 Examination preferences city fire fighter 41.08.040 (2008 Ed.) civil service for city police 41.12.040 public employment 41.04.010 veterans, defined 41.04.005, 41.04.007 Federal missing persons act, written findings of federal officer or employee prima facie evidence 5.40.030 Funerals, indigent deceased veterans, county to provide burial 73.08.070 Guardianship accounting by guardian contents and requirements 73.36.100 copy to veterans’ administration 73.36.100 failure to account, penalties 73.36.110 filing of 73.36.100 final on discharge 73.36.160 times for 73.36.100 administrator of veterans’ affairs notice to 73.36.020 party in interest to all proceedings 73.36.020 application of chapter to other guardianships of veteran 73.36.170 bond of guardian 73.36.090 commitment of person to veterans’ administration for hospital or institutional care, procedure 73.36.165 definitions 73.36.010 guardian appointment administrator party in interest to proceedings for 73.36.020 minor ward 73.36.060 necessity 73.36.030 petition for 73.36.050 compensation 73.36.120 discharge, final accounting 73.36.160 number of wards permitted 73.36.040 removal administrator party in interest to proceedings for 73.36.020 too many wards as reason for 73.36.040 investment of funds, procedure 73.36.130 notice administrator of veterans’ affairs 73.36.020, 73.36.080 appointment of guardian petition 73.36.080 public records free 73.36.155 real estate foreclosure proceedings 73.36.150 partition proceedings 73.36.150 purchase, procedure 73.36.150 short title 73.36.190 use of funds, procedure 73.36.140 Guardianships for 11.88.160 High school diplomas 28A.230.120 Higher education tuition waivers 28B.15.621 History awareness month, November 73.04.160 Homeownership downpayment assistance program 43.180.250 Honorable discharge copy as proof 73.04.040 public disclosure exemption 73.04.030 recording without charge 73.04.030, 73.04.042 Hospital or institutional care for, commitment of person to veterans’ administration 73.36.165 Hunting licenses reduced rate licenses, criteria 77.32.480 Indigent veterans and families burial, county to provide 73.08.070 county assistance programs Ch. 73.08 Indigent veterans and families, assistance programs county assistance programs advisory boards, veterans’ 73.08.035 definitions 73.08.005 public assistance eligibility 73.08.090 requirements 73.08.010 Innovations program account 43.60A.185 conflicts of interest 43.60A.180 created 43.60A.160 defender’s fund, eligibility 43.60A.165 gifts, grants, endowments 43.60A.175 grant program, board 43.60A.170 powers, rules 43.60A.175 termination, repeal 43.131.405, 43.131.406 Internships wounded combat veterans internship program 47.01.430 Joint committee on veterans’ and military affairs 73.04.150 Korean conflict memorial 73.40.040 License plates free to veterans with disabilities 73.04.110 remembrance emblems 46.16.319 fees 46.16.332 material and display requirements 46.16.327 rulemaking authority, director, department of licensing 46.16.335 Licenses benefits and preferences limited to those subject to full, continuous military control 73.04.090 moratorium during service 43.24.130 peddlers and hawkers exemption from having 73.04.050 fees, counties and cities prohibited from charging 73.04.050 issuance without charge 73.04.060 Meeting places for veterans’ organizations counties and cities authorized to provide 73.04.070 county veteran’s assistance fund, payment of rent from 73.04.080 Memorial to state residents, missing-in-action or died, southeast Asia 73.40.010, 73.40.030 Mentally ill, guardianship proceedings, See VETERANS, subtitle Guardianship Minors, guardianship proceedings, See VETERANS, subtitle Guardianship Missing-in-action or died in southeast Asia memorial within the state capitol building 73.40.010, 73.40.030 Organizations, contracts with veterans rehabilitation council Ch. 43.61 Park passes, camping 79A.05.065 Pensions, fees for administering oaths or giving certificates prohibited, penalty 73.04.010, 73.04.020 Persian Gulf veterans state need grant awards 28B.92.070 Philippine World War II veterans supplemental security income 74.04.635 Police relief and pensions, credit for military service 41.20.050 Preferences and benefits limited to those subject to full, continuous military control 73.04.090 Prisoners of war free motor vehicle license plate 73.04.110 free vehicle license plate to surviving spouse or domestic partner 73.04.115 highway rest areas, memorial signs 47.38.060 Purple heart recipient recognition day 1.16.050 Reemployment rights, requirements 73.16.035 Rehabilitation council Ch. 43.61 Soldiers’ home Ch. 72.36 State civil service law, preference rights 41.06.150 Statewide city employees’ retirement system, military service credit 41.44.120 Tax levy to aid 73.08.080 Teachers’ retirement system, military service credit 41.32.260 Tolling of statute of limitations of actions against 4.16.220 Transportation, department of wounded combat veterans internship program 47.01.430 United States veterans hospitals concurrent jurisdiction with the state 37.08.280 Veteran estate management program account 73.04.135 claims against estate 73.04.135 [RCW Index—page 787] VETERANS AFFAIRS, DEPARTMENT OF criteria and authority of director of department of veterans affairs 73.04.130 definitions 73.04.131 guardians, department employees prohibited from serving as 73.04.140 Veterans affairs, department of apportionment of funds, certification 43.60A.903 branch offices 43.17.050 businesses, veteran-owned 43.60A.190 civil service exemptions 41.06.077 collective bargaining agreements not altered 43.60A.906 committee defined 43.60A.010 conservation corps 43.46.151, 43.46.152, 43.46.153, 43.46.154, 43.46.155, 43.60A.150 continuation of rules and pending business 43.60A.902 counseling coordination of programs 43.60A.110 posttraumatic stress disorder and combat stress program 43.60A.130 priority to veterans in rural areas 43.60A.120 services to war-affected veterans 43.60A.100 created 43.17.010, 43.60A.020 definitions 43.60A.010 department defined 43.60A.010 director additional powers and duties 43.60A.070 appointment 43.17.020, 43.60A.030 assistants and executive staff, appointment 43.60A.050 defined 43.60A.010 delegation of powers and duties 43.60A.060 oath 43.17.030 powers and duties 43.17.030, 43.60A.040 qualifications 43.60A.030 salary 43.60A.030 vacancy, filling of 43.17.040 veterans’ homes 43.60A.075 employees, transfer from department of social and health services 43.60A.900 federal programs, coordination 43.60A.904 health care services purchased by agencies Ch. 70.14 housing for employees, state-owned or leased availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative intent 43.81.010 liberal construction 43.60A.907 office maintained at state capital 43.17.050 on-site state-owned or leased living facilities availability, conditions 43.81.020, 43.81.030, 43.81.040 legislative declaration 43.81.010 rehabilitation council contracts with organizations 43.61.030 director’s powers, rules 43.61.040 donations 43.61.060 payments to organizations 43.61.070 rules and regulations 43.17.060 savings clause 43.60A.905 severability 43.60A.908 staff, appointment 43.60A.050 stewardship account 43.60A.140 transfer of authority from department of social and health services 43.60A.020 transfer of property, records, funds 43.60A.901 war-affected veterans coordination of programs 43.60A.110 counseling services 43.60A.100 posttraumatic stress disorder and combat stress program 43.60A.130 priority to veterans in rural areas 43.60A.120 Veterans affairs advisory committee created, membership, powers and duties 43.60A.080 [RCW Index—page 788] Veterans’ homes Ch. 72.36 Vietnam memorial honoring those missing-in-action or those who died 73.40.010, 73.40.030 Widows or widowers of veterans property tax exemption Ch. 84.39 World War II oral history project 28A.300.370 VETERANS AFFAIRS, DEPARTMENT OF (See VETERANS, subtitle Veterans affairs, department of) VETERANS’ DAY School holiday 28A.150.050 Schools educational activities in observance of 28A.230.160 VETERANS’ HOME (See WASHINGTON VETERANS’ HOME) VETERANS’ REHABILITATION COUNCIL (See SOCIAL AND HEALTH SERVICES, DEPARTMENT OF, subtitle Veterans’ rehabilitation council) VETERINARIANS Animal diseases, reporting requirements 16.36.080 Animal facilities acts against agricultural or veterinary facilities liability for damages 4.24.575 Animal health, See ANIMAL HEALTH Animal technicians defined 18.92.015 Definitions 18.92.010, 18.92.015 Drugs authority to dispense legend drugs prescribed by other veterinarians 18.92.012 dispensing by personnel authorized 18.92.013 Examinations administration 18.92.100 eligibility to take 18.92.070 reexamination 18.92.115 Food animal veterinarian conditional scholarship program Ch. 28B.121 Impaired veterinarian program 18.92.047 Licenses application procedure 18.92.070 display 18.92.150 examinations 18.92.100 exemptions 18.92.060 fees 18.92.145 qualifications of applicant 18.92.070 reciprocity with other states 18.92.130 renewal 18.92.140 requirements and fees 18.92.140, 18.92.145 specialized veterinary medicine, qualifications to practice 18.92.135 temporary certificate 18.92.120 using another’s license or diploma 18.92.230 Livestock identification inspection by veterinarians 16.57.025 Livestock markets Ch. 16.65 Low-income households services 18.92.250, 18.92.260 Professional service corporations Ch. 18.100 State veterinarian appointment and qualifications 43.23.010 powers and duties 43.23.070 Uniform disciplinary act, application 18.92.046 Veterinary board of governors certification of successful examinees 18.92.035 duties 18.92.030 membership, qualifications and terms 18.92.021 travel expenses and compensation 18.92.040 Veterinary medication clerks certificates of registration 18.92.140, 18.92.145 defined 18.92.015 employment, veterinarian’s responsibility 18.92.125 Veterinary technicians employment, veterinarian’s responsibility 18.92.125 licenses 18.92.140, 18.92.145 Violations 18.92.230 Violations, penalties 18.92.240 VETO Appropriations, may veto item Const. Art. 3 § 12 Enactment of laws, veto of bill and passage over Const. Art. 3 § 12 Governor’s power Const. Art. 3 § 12 measures initiated by or referred to people Const. Art. 2 § 1 Two thirds vote necessary to pass bill over Const. Art. 3 § 12 Veto and return of bill with objections Const. Art. 3 § 12 VIADUCTS First class cities, authority to construct 35.85.010 Local improvements and assessments, city ordinance ordering improvement 35.85.020 VIATICAL SETTLEMENTS Consumer protection act, applicability 48.102.055 Contracts approval by insurance commissioner 48.102.020 Definitions 48.102.005 Providers and brokers annual statement 48.102.025 examination of business affairs 48.102.030 information provided to viator 48.102.035 information to be obtained by provider, requirements 48.102.040 license requirements 48.102.010, 48.102.045 suspension, revocation, or refusal to renew, hearing 48.102.015 transfer of license prohibited 48.102.045 Rule-making authority of insurance commissioner 48.102.050 VICE CONSUL Foreign acknowledgments 64.08.040 VICTIMS, SURVIVORS, AND WITNESSES OF CRIME Child sexual assault identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 information in criminal records identifying victims is confidential 10.97.130 Construction of chapter liability not created, other remedies intact 7.69.050 Crime victims’ compensation, See VICTIMS OF CRIME—COMPENSATION, ASSISTANCE Criminal gang member, protection for testifying against 7.69.035 Criminally insane notice requirements for release, transfer, or escape 10.77.205 Death sentences witnesses to execution, designation of, procedure 10.95.185 Definitions 7.69.020 Disclosure of investigative information to 10.97.070 Domestic violence, See DOMESTIC VIOLENCE Driving under the influence violator may be sentenced to attend program focusing on victims 46.61.5152 Harassment court order regarding convicted defendant copy provided to victim 9A.46.080 inform of final disposition 9A.46.080 Identity of suspect discretionary disclosure of suspect’s identity to victim 10.97.070 Incapacitated or incompetent victims representation provided for 7.69.040 (2008 Ed.) VICTIMS OF CRIME—COMPENSATION, ASSISTANCE Information and notification system, statewide 36.28A.040, 36.28A.0401, 36.28A.0402 Intent 7.69.010 Juvenile offenses victims to be notified of referral of juvenile to a diversion unit 13.40.070 Juvenile sex offenders may not attend school attended by victim 13.40.215 Perpetrators with mental illness duty to warn of potential violent behavior 71.05.120 Polygraph examinations sex offense, alleged victims 10.58.038 Rights enumerated 7.69.030 Sentencing hearing victim and survivors of victims, participation 9.94A.500 Sexual assault Ch. 70.125 Sexual assault, domestic violence, trafficking, or stalking victims address confidentiality program Ch. 40.24 Sexual assault of child identity of victim not to be disclosed at any court proceeding 10.52.100 information identifying victims of juvenile offenders is confidential 13.50.050 information in criminal records identifying victims is confidential 10.97.130 Sexual assault protection orders Ch. 7.90 Slayers, benefit from death of victim prohibited Ch. 11.84 Victim impact statement sentencing hearing 9.94A.500 VICTIMS OF CRIME—COMPENSATION, ASSISTANCE Accounting for benefits, payments and costs 7.68.150 Accrual of rights 7.68.060 Advocacy, office of crime victims advocacy advisory committees 43.280.090 establishment 43.280.080 penalty assessments collection and use of funds, report 43.280.081 Appeals 7.68.110 Application of chapter to claims filed prior to effective date 7.68.165 Benefits accounting procedure 7.68.150 applications for how filed 7.68.060 time limitation 7.68.060 availability and amounts, limitations 7.68.070 burial expenses 7.68.070 duty of beneficiaries to cooperate 7.68.070 emergency transportation 7.68.080 excepted occurrences 7.68.070 felonies, sustained while committing, ineligible 7.68.070 industrial insurance law, applicability 7.68.070 insurance, reduction of 7.68.130 lump sum 7.68.070 medical aid 7.68.080 payment for or on account of children 7.68.075 permanent partial disability 7.68.070 permanent total disability 7.68.070 right to and amount, effective date 7.68.070 survivors 7.68.070 temporary total disability 7.68.070 vocational rehabilitation 7.68.070 Child victims accrual of rights 7.68.060 reimbursement for colposcope examination 7.68.080 Comprehensive program approval procedure 7.68.035 Criminal act definitions 7.68.020 what constitutes 7.68.020 Definitions 7.68.020 (2008 Ed.) Department of labor and industries general revisions, adoption by reference 7.68.030 program of benefits, establishment and administration 7.68.030 reimbursement or restitution 7.68.120 review of claims accrued prior to effective date 7.68.160 rules and regulations 7.68.030 Dependent persons—victims and witnesses definitions 7.69B.010 legislative intent, findings 7.69B.005 liability for violating chapter 7.69B.040 rights enumerated 7.69B.020 testimony, videotaped dispositions 7.69B.030 Effective date 7.68.900 application of chapter to claims filed prior to 7.68.165 claims of persons injured prior to 7.68.160 Erroneous or fraudulent payment 7.68.125 Federal funds may be applied for and expended 7.68.030 Fraudulent or erroneous payment 7.68.125 Funds establishment 7.68.090 transfer of funds from department of corrections to department of labor and industries 72.09.095 HIV test results, disclosure to victim of sexual offense 70.24.105 Homicide counseling for immediate family members 7.68.070 Human trafficking coordinated state protocols 7.68.360 Information confidentiality, review 7.68.140 release of 7.68.145 Inmate work programs wages, portion to crime victims’ compensation account 72.09.110 Insurance, reduction of benefits 7.68.130 Juvenile offenses restitution 13.40.080, 13.40.190 Labor and industries department program administration 7.68.015 Landlord and tenant provisions 59.18.570, 59.18.575, 59.18.580, 59.18.585 Life insurance exclusion 7.68.130 Limitation on time to apply for benefits 7.68.060 Marital status 7.68.075 Medical aid 7.68.080 alternative benefit programs, aid in identifying and applying for 7.68.085 benefits cap 7.68.085 payments in excess of cap, eligibility for 7.68.085 charges and fees, regulation 7.68.080 colposcope examination of child victim reimbursement for 7.68.080 expenditure reduction plan 7.68.085 Offender’s liability for legal financial obligations Ch. 72.11 Payment erroneous or fraudulent 7.68.125 Payment for or on account of children 7.68.075 Penalty assessments amount, distribution 7.68.035 deposit into exclusive funds 7.68.035 Penalty for erroneous or fraudulent payment 7.68.125 Physicians’ reporting 7.68.100 Private insurance, defined 7.68.020 Profiteering forfeitures and payments use for victim assistance 9A.82.110 Profits from crime publicity action limitation runs from time of escrow establishment 7.68.260 action to defeat purpose of act declared null and void 7.68.280 court ordered payment 7.68.210 disposition, convict and crime victims fund 7.68.240 escrow moneys may be used for legal defense costs 7.68.270 payment into escrow account 7.68.200 persons not guilty on mental grounds deemed a convicted person 7.68.250 public notice of availability for satisfaction of judgments 7.68.220 return to accused upon acquittal 7.68.230 seizure and forfeiture of interest in reenactment or depiction of crime legislative finding 7.68.300 measures to defeat purposes of act are invalid 7.68.340 procedure 7.68.320 proceeds, distribution of 7.68.330 property subject to 7.68.310 provisions of act are supplemental and do not limit other rights and remedies 7.68.340 Program administration within conditions and limitations of appropriations 7.68.015 Public insurance, defined 7.68.020 Public or private insurance 7.68.130 Public safety and education account 7.68.035 Public safety and education account to benefit 43.08.250 Rape crisis centers financial assistance 70.125.055 records not available to defense attorney under discovery, exceptions 70.125.065 Reimbursement or restitution by perpetrator of crime 7.68.120 Release of information in performance of official duties 7.68.145 Restitution, victim dead or not found, disposition of proceeds 7.68.290 Right of action for damages preserved 7.68.050 Seizure and forfeiture of property involved in a felony legislative finding 7.68.300 measures to defeat purposes of act are invalid 7.68.340 procedure 7.68.320 proceeds, distribution of 7.68.330 property subject to 7.68.310 provisions of act are supplemental and do not limit other rights and remedies 7.68.340 Severability, construction, 1977 act 7.68.905 Sex offender victims community treatment services for grant program applications 43.280.030, 43.280.050 award of grants, peer review committee 43.280.060 eligible organizations 43.280.040 funding 43.280.020 gifts, grants, and endowments 43.280.070 legislative intent 43.280.010 Sexual assault coordinating office 70.125.040 counseling 7.68.070 definitions 70.125.030 emergency care and contraception 70.41.350, 70.41.360 examination costs, state payment 7.68.170 legislative finding 70.125.020 personal representative may accompany victim to hospital and proceedings 70.125.060 privileged communications 5.60.060 program objective 70.125.020 service availability 70.125.050 services, consolidation in department of community, trade, and economic development 43.280.011 short title 70.125.010 statewide plan 70.125.040 Sexual assault programs victim advocates 70.125.080 Temporary total disability 50.06.010 allowable beneficiaries 50.06.020 effective date of law 50.06.900 eligibility determination 50.06.030 [RCW Index—page 789] VIDEO AND SOUND RECORDINGS Terrorism, act committed outside of United States against state resident 7.68.020 Trafficking of persons Washington state task force against 7.68.350 Vehicular assault 7.68.020 Vehicular homicide 7.68.020 Victim, defined 7.68.020 Vulnerable adults protective services Ch. 74.34 VIDEO AND SOUND RECORDINGS (See ELECTRONIC MEDIA; MOTION PICTURES; TAPES AND RECORDINGS (AUDIO, VISUAL)) VIETNAM Missing-in-action or died in southeast Asia memorial within the state capitol building 73.40.010, 73.40.030 VIOLENCE REDUCTION Community public health and safety networks comprehensive plans, approval and compliance 70.190.130 duties 70.190.070 expenditures, authorization and limitation 70.190.065 family policy council duties regarding 70.190.100 federal restrictions on funds transfers, application for waivers 70.190.150 funds administration 43.41.190, 43.41.195 grants for use of school facilities 70.190.180 inclusion in state and federal plans affecting children, youth, and families 70.190.160 interagency agreements 70.190.120 lead fiscal agent 70.190.075 liability, immunity 70.190.190 membership and organization 70.190.060 outcome evaluation 70.190.050 planning grants and contracts with family policy council 70.190.090 program review 70.190.110 programs and plans 70.190.080 proposals to family policy council 70.190.030 sexual abstinence and delay of sexual activity campaigns 70.190.085 transfer of funds and programs to state agency 70.190.170 Community-police partnership 43.101.240 Conflict resolution and mediation program for community groups and public schools 28A.300.280 Domestic violence Ch. 10.99 Family policy council solicitation of proposals from community public health and safety networks 70.190.030 Health care settings workplace violence planning and protection Ch. 49.19 Hospitals for mental illness violence prevention and workplace safety 72.23.400, 72.23.410, 72.23.420, 72.23.430, 72.23.440, 72.23.451 Media violence reduction reporting 43.70.560 Parenting skills and child abuse prevention classes 28A.620.020 Public health services improvement plan assessment standards 43.70.555 contents 43.70.550 School employees violence prevention training 28A.300.270 Schools harassment, intimidation, and bullying prevention policy 28A.300.285, 28A.600.480 safe school plans 28A.320.125 safety grants 28A.300.275 special standards schools and programs 28A.320.140 student court programs 28A.300.420, 28A.320.520 threats of violence, notice 28A.320.128 Television [RCW Index—page 790] channel clocking devices, availability required 19.188.020 time/channel locks, availability required 19.188.020 Videos and video games minors’ access to violent videos and games, library policy formulation 19.188.030 violent video or computer games, sale to minors 9.91.180 Violence reduction and drug enforcement account 69.50.520 Violent acts and at-risk behaviors data collection and reporting rules 43.70.540, 43.70.545 VIOLENT OFFENSES (See CRIMES, subtitle Violent offenses) VISION CARE Contact lenses prescription requirements 18.195.040 verification of performance 18.195.040 Definitions 18.195.020 Prohibited practices 18.195.030 Rule-making authority of secretary of health 18.195.050 VISUAL RECORDING OF TESTIMONY (See TESTIMONY, subtitle Visual recording) VISUALLY IMPAIRED (See BLIND) VITAL STATISTICS Adoption information regarding birth parent or adopted child 26.33.345 Adoption decree 26.33.280, 26.33.290 Births and birth certificates acknowledgment of birth, effect 70.58.095 adoption, birth certificate given upon 70.58.210 children’s trust fund 70.58.085 delayed registration application 70.58.120 authority for 70.58.110 court order, when not available 70.58.145 when required 70.58.095 where registered 70.58.130 duties of local registrars 70.58.030 general requirements 70.58.080 inspection of original 70.58.095 registration requirements 70.58.070 substitution for original 70.58.095 supplemental report on name of child 70.58.100 unwed mothers 70.58.080 Bureau of statistics, agriculture and immigration established in office of secretary of state 43.07.050, Const. Art. 2 § 34 Bureau of vital statistics established Const. Art. 20 § 1 Burial-transit permits fees for 70.58.230 funeral directors duties regarding 70.58.240 general requisites 70.58.250 requirement 70.58.230 sexton, duties regarding 70.58.260 withholding 70.58.030 Certificates and documents electronic and hard copy transmission 70.58.061 generally 70.58.055 Certified copies may be furnished by local registrars 70.58.104 Death certificates domestic partnership information 70.58.175 duties of local registrars 70.58.030 fetal deaths 70.58.150, 70.58.160, 70.58.170 filed, by whom 70.58.170 physician not in attendance 70.58.180 presumed death 70.58.390 requirement 70.58.160 signed, by whom 70.58.170 Declaration concerning validity of a marriage, transmittal of certificate to registrar of vital statistics 26.09.150 Definitions 70.58.005 Disclosure of information for research purposes 70.58.104 Dissolution of marriage, transmittal of certificate to registrar of vital statistics 26.09.150 Enforcement of law 70.58.050 Fees 70.58.107 Inmates of institutions, data, by whom furnished 70.58.270 Legal separation, transmittal of certificate to registrar of vital statistics 26.09.150 Local registrars certified copies, furnishing of 70.58.104 compensation 70.58.040 deputies 70.58.020 duties, generally 70.58.030 generally 70.58.010 use of statewide electronic data base 70.58.065 Marriage certificate contents 26.04.165 county auditor to transmit to registrar 26.04.090 out-of-state requirements, compliance, fee schedule 70.58.380 Penalty for violation 70.58.280 Records, vital release of copies 70.58.082 Registrar of vital statistics director of public health 70.08.060 duties 43.70.160 marriage certificates, forms 26.04.090 Registration department of health duties 43.70.150 Registration district 70.58.010 Reproductions, certification 70.58.104 VOCATIONAL EDUCATION Adult education transfer of powers of superintendent of public instruction and state board of education to state board for community and technical colleges 28B.50.912 Adult education, Washington advisory council on creation, membership, duties 28B.50.254 Adult literacy, office of creation in state board for community and technical colleges 28B.50.522 Advisory committees, local 28B.50.252 establishment in school and college districts offering vocational education program, membership and duties 28A.150.500 Agriculture in secondary schools, See SUPERINTENDENT OF PUBLIC INSTRUCTION, subtitle Vocational agricultural education AIDS curriculum and materials 28C.04.600 Apprenticeship programs 28C.04.610, 49.04.010, 49.04.030, 49.04.120 Bates Technical College board of trustees appointment 28B.50.1404 Bellingham Technical College board of trustees appointment 28B.50.1403 Board for community and technical colleges adult education programs, authority 28B.50.250 membership, generally 28B.50.050 powers and duties, generally 28B.50.090 treasurer, appointment and duties 28B.50.085 Career and technical education 28C.04.100, 28C.04.110 Clover Park Technical College board of trustees appointment 28B.50.1405 Community and technical colleges adult education programs, authority 28B.50.250 (2008 Ed.) VOCATIONAL EDUCATION AIDS curriculum and materials 28B.50.205 apprentices responsibility for related and supplemental instruction 28B.50.880 waivers, apprentice education 28B.50.895 associate degree pathway 28B.50.890 attendance, out of district residence 28B.50.150 attendance incentive program 28B.50.553 Bates Technical College board of trustees appointment 28B.50.1404 Bellingham Technical College board of trustees appointment 28B.50.1403 boards of trustees generally 28B.50.100 organization and administration 28B.50.130 powers and duties 28B.50.140 treasurer, appointment 28B.50.142 Clover Park Technical College board of trustees appointment 28B.50.1405 collective bargaining Ch. 28B.52 college districts new districts, governor to appoint trustees 28B.50.098 college districts enumerated 28B.50.040 definitions 28B.50.030 disabled persons technical colleges to provide for vocational instruction for persons with disabilities written procedures, requirements 28B.50.455 faculty exceptional faculty awards endowment fund management 28B.50.844 established, trust fund 28B.50.837 foundation, defined 28B.50.8351 guidelines, matching funds, donations, disbursements 28B.50.839 local awards subject to collective bargaining 28B.50.843 matching funds, eligibility, contract requirements 28B.50.844 name of award, college duties, endowment proceeds 28B.50.841 faculty and employees reduction in force 28B.50.873 faculty senate, creation 28B.50.145 faculty tenure plan definitions 28B.50.851 educational programs in correctional institutions 28B.50.870 maximum probationary period 28B.50.852 periodic posttenure evaluations 28B.50.872 probationary faculty appointment nonrenewal 28B.50.857 review committee appointments, composition 28B.50.869 rules 28B.50.852 federal funds, authority to receive 28B.50.520 fees and other income deposit and disbursement, requirements 28B.50.320 high school diploma, authority to issue 28B.50.535 laboratory services, contract with local law enforcement and other public agencies 28B.50.875 Lake Washington Technical College board of trustees appointment 28B.50.1401 leave provisions 28B.50.551 nonresident of district, enrollment 28B.50.150 regional planning agreements between colleges in overlapping service areas 28B.50.215 registration at more than one college, rules 28B.50.095 Renton Technical College board of trustees appointment 28B.50.1402 (2008 Ed.) school district bond issues continuation of payment by school district 28B.50.600 effect on indebtedness limit 28B.50.740 school district bond issues for facilities under control of college district board continuation of payment of school district 28B.50.601 sick leave buyout for eligible employees 28B.50.553 teachers transfer to another college in district, retention of tenure 28B.50.867 treasurer vendor payments, advances or reimbursements 28B.50.143 tuition and fees technical colleges and Seattle Vocational Institute, authority to continue collection 28B.50.327 vendor payments, advances or reimbursements 28B.50.143 Curriculum vocational and academic education, development of model curriculum 28A.300.235 vocational and academic education, integration superintendent of public instruction’s duties 28A.300.230 Customized employment training Ch. 28B.67 Director of state community and technical colleges appointment, term, salary, powers, duties, delegation of powers 28B.50.060 Eye protection in Ch. 70.100 Facilities shared by vocational-technical institute and K-12 programs administration and control of facility, determination of responsibility 28B.50.256 Forest products workers, dislocated higher education program, tuition and fee waiver 28B.50.259 Grants job skills program 28C.04.420 High school students occupational and academic programs, authority of community and technical colleges to contract with public schools 28B.50.533 Industry skill panels 28C.18.130, 28C.18.140 Job skills program, See JOB SKILLS PROGRAM Lake Washington Technical College board of trustees appointment 28B.50.1401 Learning and life skills grant program for courtinvolved youth Ch. 13.80 Occupational education, coordinating council for, See OCCUPATIONAL EDUCATION, COORDINATING COUNCIL FOR Private degree-granting vocational schools Ch. 28B.85 Private vocational schools, See PRIVATE VOCATIONAL SCHOOLS Real estate and other assets obtained for vocational-technical institute purposes by school districts transfer of title to college district board, exceptions 28B.50.301 transfer of title to state board for community and technical colleges, exceptions 28B.50.302 Renton Technical College board of trustees appointment 28B.50.1402 School-to-work transitions program outreach and technical assistance 28A.630.881 Seattle Vocational Institute advisory committee, membership and duties 28B.50.306 funding 28B.50.307 instructional staff and faculty, employment 28B.50.328 scholarships 28B.50.328 transfer of powers of Washington Institute for Applied Technology to 28B.50.913 tuition and fees authority to continue collection 28B.50.327 waiver 28B.50.328 Student educational loan contracts Ch. 26.30 Technical colleges high school districts currently enrolling students in vocational-technical institutes, continuing enrollment opportunities at technical colleges 28B.50.533 high school students enrollment in, transmittal of funds 28A.600.310 new college may contract with adjacent college district for administrative services 28B.50.528 purchase of support services from school districts 28B.50.877 Tuition recovery fund 28C.10.082 Tuition recovery trust fund 28C.10.084 Video telecommunications program 28B.50.242 Vocational education programs, state correctional facilities defined 72.62.020 sale of products 72.62.030 crediting of proceeds 72.62.040 trade advisory and apprenticeship committees 72.62.050 Vocational rehabilitation and services to persons with handicaps federal aid, acceptance of 74.29.050, 74.29.055 Vocational rehabilitation and services to the handicapped purchase of services exemption from competitive bidding 43.19.1906 services for the blind, department of eligibility 74.18.130 grants of equipment and material 74.18.150 services available 74.18.140 Vocational-technical institutes employee sick leave to be transferred to college district 28B.50.482 employees, transfer of health care service contracts 28B.50.484 high school districts currently enrolling students in, continuing enrollment opportunities at technical colleges 28B.50.533 high school students enrolled student not to be displaced 28A.600.340 existing agreements with school districts not affected 28A.600.400 high school credit, maximum terms of enrollment for 28A.600.330 joint enrollment for secondary and postsecondary credit 28A.600.350 postsecondary courses, determination of high school credit, application toward graduation requirements 28A.600.360 postsecondary credit for college level courses 28A.600.370 rulemaking authority 28A.600.390 transportation, school district not responsible for 28A.600.380 personnel option to reenroll in public employees’ benefits trust 28B.50.8742, 28B.50.8744 personnel rights upon transfer to community and technical college system 28B.50.874 transfer of powers of superintendent of public instruction to state board for community and technical colleges 28B.50.915 transfer of school district powers to state board for community and technical colleges 28B.50.914 Washington award for vocational excellence [RCW Index—page 791] VOCATIONAL EXCELLENCE, AWARD FOR contributions, board may accept 28C.04.540 effective, when 28C.04.550 establishment 28C.04.525 fee waivers by technical colleges maximum 28C.04.545 intent 28C.04.520 notice 28C.04.535 presentation 28C.04.535 purposes 28C.04.525 tuition and fee waivers or grants 28B.15.545, 28B.15.546 work force training and education coordinating board, duties 28C.04.530, 28C.04.535, 28C.04.540 Washington Institute for Applied Technology transfer of powers to Seattle Vocational Institute 28B.50.913 Work force training and education, See WORK FORCE TRAINING AND EDUCATION Work force training and education coordinating board cooperation with state board for community and technical colleges 28B.50.096 Work force training customer advisory committee 28C.04.390 Worker retraining program funds, use 28C.04.390 VOCATIONAL EXCELLENCE, AWARD FOR (See VOCATIONAL EDUCATION, subtitle Washington award for vocational excellence) VOCATIONAL REHABILITATION (See INDUSTRIAL INSURANCE, subtitle Vocational rehabilitation services; VOCATIONAL EDUCATION, subtitle Vocational rehabilitation and services to the handicapped) VOLUNTEER FIREFIGHTERS Cities and towns holding office, definitions 35.21.772 injuries sustained outside city limits 35.84.050 legislative body members, service as 35.21.770 Cities—Optional municipal code, councilmembers authorized to serve as 35A.11.110 Civil service provisions when called to duty 41.06.550 Employment protection 49.12.460 Fire protection districts holding public office 52.30.070 Insurance, blanket disability, See INSURANCE, subtitle Group disability insurance Volunteer firefighters’ and reserve officers’ relief and pensions generally Ch. 41.24 VOLUNTEERISM AND CITIZEN SERVICE, CENTER FOR At-risk children collaborative programs with public agencies authorized guidelines and standards to be developed by center 43.150.080 Authorized in department of community development 43.150.040 Definitions 43.150.030 Executive administrator 43.150.040 Legislative findings 43.150.010 Programs and activities authorized 43.150.050 Receipt and expenditure of donations and fees 43.150.070 Voluntary action center fund, creation, authorization for expenditure of funds 43.150.070 VOLUNTEERS (See also VOLUNTEERISM AND CITIZEN SERVICE, CENTER FOR) At-risk children collaborative programs with public agencies authorized program requirements 43.150.080 [RCW Index—page 792] Background investigations of prospective employees and volunteers with access to children or dependent adults 43.43.830, 43.43.832, 43.43.834, 43.43.836, 43.43.838 Corrections, department of program development 72.09.060 Emergency care or medical care immunity from liability 4.24.300, 38.52.080, 38.52.180 Emergency or disaster assistance health care professionals 43.70.680 Emergency workers architect or engineer exempt from liability when serving as volunteer 38.52.1951 immunity from liability 38.52.180 Fish and wildlife enhancement program Ch. 77.100 Fish hatcheries, volunteer group projects 77.100.170 Industrial insurance coverage 51.12.035 Juvenile rehabilitation agencies employment or volunteer positions, eligibility 72.05.440 Landowners allowing land to be used for fish or wildlife cooperative project or solid waste cleanup not liable for unintentional injuries to volunteers or other users 4.24.210 Nonprofit or governmental entities limited liability 4.24.670 Retired senior volunteer programs distribution of funds 43.63A.275 State actions against judgments satisfaction by state 4.92.075 attorney general to provide defense 4.92.060, 4.92.070 defined 4.92.005 Temporary assistance for needy families volunteer work at child care facility or other work site authorized 74.25.040 Tort claims against liability of local government entity for tortious conduct of volunteer performing official duties 4.96.010 Violence reduction conflict resolution and mediation program 28A.300.280 Volunteer labor to state or local governmental agency nominal compensation not deemed salary 49.46.065 Washington serves program Ch. 50.65 VOTERS’ PAMPHLETS (See ELECTIONS, subtitle Voters’ pamphlets) VOTING (See also ELECTIONS) Absentee voting Ch. 29A.40 Ballots and other voting forms Ch. 29A.36 Canvassing Ch. 29A.60 Contesting an election Ch. 29A.68 Corporations, See CORPORATIONS, subtitle Voting Crimes and penalties Ch. 29A.84 Disability access voting Ch. 29A.46 Elective offices - qualifications, terms, and requirements Ch. 29A.20 Felons, See ELECTIONS, subtitle Felons Filing for office Ch. 29A.24 Generally, definitions Ch. 29A.04 Initiative and referendum, state Ch. 29A.72 Instant runoff voting pilot project Ch. 29A.53 Mail ballots Ch. 29A.48 Nuclear waste site disapproval election Ch. 29A.88 Political parties Ch. 29A.80 Polling place elections and poll workers Ch. 29A.44 Precinct and polling place determination and accessibility Ch. 29A.16 Primaries and elections Ch. 29A.52 Recounts Ch. 29A.64 Redistricting Ch. 29A.76 Special circumstances elections Ch. 29A.56 Vacancies Ch. 29A.28 Voters and registration Ch. 29A.08 Voters’ pamphlets Ch. 29A.32 Voting systems Ch. 29A.12 VOUCHERS Counties, park and recreation districts 36.69.150 VULNERABLE ADULTS (See DEPENDENT ADULTS) WAGES (See also SALARIES AND WAGES) Apprentices employed on public works projects, effect of apprenticeship agreements 39.12.021 Assignment child support 26.18.070, 26.18.080, 26.18.090, 26.18.110, 26.18.120, 26.18.130, 26.18.140 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 spousal maintenance 26.18.070, 26.18.090, 26.18.110, 26.18.120, 26.18.140 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 Child support mandatory wage assignment 26.18.070, 26.18.080, 26.18.090, 26.18.120, 26.18.130, 26.18.140 employer’s answer, duties, and liability 26.18.110 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 uniform interstate family support act Ch. 26.21A uniform interstate family support act, See UNIFORM INTERSTATE FAMILY SUPPORT ACT Complaints administrative appeal 49.48.084 collection procedure 49.48.086 definitions 49.48.082 employee termination of action 49.48.085 investigation, duty 49.48.083 rules, authority 49.48.087 Contractors, public works, nonpayment or underpayment of 39.12.050 lien against 60.28.040 Death, payment to surviving spouse 49.48.120 Discrimination due to sex 49.12.175 Garnishment exemptions 6.27.150 Industrial insurance, See INDUSTRIAL INSURANCE, subtitle Wages Industrial welfare, generally Ch. 49.12 Labor and industries, department of wage collection reciprocal enforcement agreements, other states 49.48.075 Labor regulations, generally Ch. 49.12 Minimum wages agricultural or horticultural workers 49.46.010 apprentices 49.46.060 collective bargaining 49.46.110 definitions 49.46.010 disabled persons 49.46.060 employer’s records contents 49.46.070 duty to keep 49.46.040 inspection 49.46.070 penalty for not keeping 49.46.100 exceptions for 49.46.060 exemptions from, generally 49.46.010 federal agencies, services of 49.46.040 forest workers 49.46.010 hospital employees 49.46.010 industrial homework, regulation of 49.46.040 investigation by department of labor and industries 49.46.040 judicial review 49.46.080 (2008 Ed.) WAREHOUSES learners 49.46.060 minimum hourly wage, amount 49.46.020 minimum standards established 49.46.120 newspaper carriers or vendors 49.46.010 notice to employers of legal requirements 49.46.140 nursing home employees 49.46.010 overtime compensation, exceptions 49.46.130 payment of less than law requires criminal penalty 49.46.100 employer’s liability 49.46.090 policy declaration 49.46.005 prohibited acts of employer, generally 49.46.100 public buildings, service maintenance 39.12.020 public officers and employees 49.46.010 public works contract to stipulate 39.12.030 regulations 49.46.080 retail or service establishments 49.46.010 salesmen 49.46.010 violations of law, enumeration of prohibited practices 49.46.100 wage claims, assignment of 49.46.090 Prevailing rate approval, certification, arbitration labor and industries department may charge fee 39.12.070 arbitration of disputes 39.12.060 certificate of contractor as to 39.12.040 compliance required when private construction project is performed under contract for rental, lease, or purchase of project by state or municipal government 39.04.260 defined 39.12.010 determination by department of labor and industries 39.12.015 disqualification of contractor for multiple violations 39.12.065 hearing, remedies, penalties 39.12.065 investigation of complaints 39.12.065 priority lien against noncomplying contractor 60.28.040 public agency compliance 39.12.042 public works administration account 39.12.080 wage surveys, county 39.12.026 Public works affidavit of wages paid by contractor 39.12.040 apprentices employed, effect of apprenticeship agreements 39.12.021 arbitration of disputes as to prevailing wage rate 39.12.060 certificate of contractor as to, perjury to falsify 39.12.040 certificate of industrial statistician, department of labor and industries as to 39.12.040 contracts, provision for arbitration 39.12.060 definitions 39.12.010 determination of prevailing wage rate to be made by department of labor and industries 39.12.015 nonpayment or underpayment of 39.12.050 lien against 60.28.040 Public works contractors statement of intent to pay content 39.12.040 statement of intent to pay minimum posting requirement 39.12.020 Sex discrimination 49.12.175 Spousal maintenance mandatory wage assignment 26.18.070, 26.18.090, 26.18.120, 26.18.140 employer’s answer, duties, and liability 26.18.110 form 26.18.100 hearing to quash, modify, or terminate 26.18.140 (2008 Ed.) uniform interstate family support act Ch. 26.21A Unclaimed 63.29.150 Unemployment compensation, See UNEMPLOYMENT COMPENSATION Vocationally handicapped, director of labor and industries to provide for employment of, exempt from prevailing wage rate 39.12.022 Volunteer labor to state or local governmental agency, nominal compensation not deemed salary 49.46.065 WAHKIAKUM COUNTY Boundaries, tracing of 36.04.350 Southwest Washington fair commission, abolished 36.90.020 Superior court judges, number of 2.08.065 WALLA WALLA COUNTY Boundaries, tracing of 36.04.360 Superior court judges, number of 2.08.063 WAR Prison terms, reduction during war emergency 9.95.055 Treason to levy war against state 9.82.010 WARDS (See also GUARDIAN AND WARD) Cities and towns first class cities, division of city into 35.22.370 WAREHOUSE RECEIPTS (See also UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title) Crimes relating to refusing to issue receipt, penalty 22.32.010 Fish marketing associations, validity of warehouse receipts 24.36.390 Lien of storage warehousemen Ch. 60.60 Lien of warehouseman, authorization of lien for transportation, storage and advancements Ch. 60.60 Liquor warehouse receipts, fraud concerning, penalty 9.45.160, 9.45.170 WAREHOUSEMEN AND WHARFINGERS Advances for freight or transportation, See LIENS, subtitle Transportation, storage, and advancements Bills of lading delivery of goods without taking or canceling bill of lading, penalty 22.32.050 fictitious, penalty 22.32.020 Bills of lading, See also BILLS OF LADING Duplicate receipts, not marking as 22.32.040 Fraudulent tampering with goods 22.32.030 Lien of warehouseman, authorization of lien for transportation, storage and advancements Ch. 60.60 Receipts delivery of goods without taking or canceling receipt, penalty 22.32.050 fictitious, penalty 22.32.020 refusing to issue, penalty 22.32.010 Receipts, See also UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title Storage warehousemen lien of storage warehousemen Ch. 60.60 WAREHOUSES Agricultural commodities payment requirements 22.09.620 payment violations 22.09.630 Bond action on by depositor 22.09.615 action on by director 22.09.570, 22.09.580, 22.09.590, 22.09.600, 22.09.610 Controlled atmosphere storage of fruits and vegetables Ch. 15.30 Eminent domain for warehouses and elevators applicable procedure 22.16.030 hearing required 22.16.040 port district property, limitation 22.16.040 public necessity finding required 22.16.040 railroad property, limitation 22.16.040 right extended to corporations for purpose of acquiring or operating 22.16.010 right of entry for surveys 22.16.020 roadways and accessories 22.16.010 Fish marketing associations membership in 24.36.390 warehouse receipts, validity 24.36.390 Food, drugs and cosmetic laws enforcement, right of entry 69.04.820 Food storage warehouses, licensing requirements Ch. 69.10 Fruits and vegetables, controlled atmosphere storage Ch. 15.30 Grain dealer license application 22.09.045 bond action on by depositor 22.09.615 action on by director 22.09.570, 22.09.580, 22.09.590, 22.09.600, 22.09.610 bonds or security 22.09.090 commodities payment requirements 22.09.620 deferred price contract 22.09.175 emergency storage situations 22.09.660 fees, penalty for late renewal 22.09.055 inspections procedure 22.09.345 insurance, bond, certificate of deposit 22.09.060 issuance, duration 22.09.075 multiple applicants, single bond 22.09.095 required 22.09.035 Grain indemnity fund program activation 22.09.405 advisory committee 22.09.436 assessments 22.09.416, 22.09.421, 22.09.426, 22.09.431 claims 22.09.441, 22.09.446, 22.09.451, 22.09.456, 22.09.461, 22.09.466 fund 22.09.411 licensee 22.09.471 in lieu of other security 22.09.405 Grain terminal warehouses agriculture department director’s powers and duties 43.23.110 Liens, See LIENS, subtitle Warehousemen Port districts, acquisition and operation of facilities 53.08.020 Receipts, See also UNIFORM COMMERCIAL CODE, subtitle Warehouse receipts, bills of lading and other documents of title Safe deposit companies, See SAFE DEPOSIT COMPANIES Self-service storage facilities Ch. 19.150 Storage of agricultural commodities appeals 22.09.780 bailments, delivery of commodity deemed bailment and not a sale 22.09.520 bonds 22.09.100 action on by depositor 22.09.615 bonds, requirements 22.09.090 civil penalties 22.09.895 claims depositor 22.09.381 construction and maintenance requirements 22.09.220 contracts deferred price 22.09.175 presumptions 22.09.175 cooperation of director with other public agencies 22.09.880 definitions 22.09.011 delivery of commodities contaminated or filthy, notification 22.09.260 deemed bailment and not a sale 22.09.520 duty of warehouseman 22.09.150 hazardous commodities 22.09.160 depositor’s claim 22.09.381 depositor’s lien 22.09.371, 22.09.391 duties of warehouseman 22.09.130, 22.09.150 wet, damaged, etc., commodities, refusal authorized 22.09.130 [RCW Index—page 793] WARRANTIES emergency storage situations 22.09.660 exemptions 22.09.030 fees disposition 22.09.830 licenses 22.09.050 fumigation of conveyances, labeling required 22.09.840 grades and standards United States standards, adoption 22.09.720 grain inspection revolving fund 22.09.830 grain warehouse audit account 22.09.830 hazardous commodities, removal 22.09.160 hop inspection fund 22.09.830 injunctions for violations 22.09.870 inspection appeals, requests and procedures 22.09.780 costs 22.09.340, 22.09.345 grading and weighing 22.09.730, 22.09.740, 22.09.750, 22.09.760, 22.09.790, 22.09.810, 22.09.820 procedure 22.09.345 records availability 22.09.340 reinspection, requests and procedure 22.09.780 right of entry to be provided 22.09.340 shortages 22.09.350 inspectors, violations 22.09.770 instructions or orders by commodity owner 22.09.170 insurance 22.09.120 insurance, requirements 22.09.110 liability delivery of commodities, damages 22.09.150 partial withdrawals, canceling of negotiable receipt 22.09.140 licensed warehouses, list of, publication and distribution 22.09.640 licenses applications 22.09.040 denial, suspension or revocation, hearing 22.09.080 fees, penalty for late renewal 22.09.050 issuance and posting 22.09.070 prerequisites to issuance 22.09.060, 22.09.090 required 22.09.030 liens depositor 22.09.391 negotiable receipt claim and cancel required where partial withdrawal, liability to purchasers of receipt 22.09.140 penalty for violations 22.09.890 policing required 22.09.860 posting of bonded status 22.09.230 powers and duties of department of agriculture 22.09.020 prohibited acts 22.09.190 railroads policing required 22.09.860 scales 22.09.850 sidetracks 22.09.850 rates and charges posting 22.09.240 prohibited acts 22.09.190 RCW 22.09.190 inapplicable to contracts with governmental agencies 22.09.195 rebating prohibited 22.09.190 receipts duty of warehouseman to issue 22.09.130 negotiable receipt, claim and cancel required where partial withdrawal, liability to purchasers of receipt 22.09.140 nonnegotiable receipt, notation of partial withdrawal upon 22.09.140 recordkeeping requirements 22.09.180 redemption, scale weight tickets 22.09.520 remedies of department as to stations 22.09.650 reports to department 22.09.200 rule-making, authority of department of agriculture to adopt 22.09.020 scale weight tickets [RCW Index—page 794] issuance, chapter does not preclude 22.09.330 redemption 22.09.520 scales and weighing facilities at terminal warehouses 22.09.800 seizure, agriculture department duties 22.09.361 shortages 22.09.350 special bins and piles, redemption of receipts 22.09.520 terminal warehouses departmental control over weighing, inspections, and grading 22.09.750 inspection, grading and weighing, export 22.09.810 inspection points 22.09.710 scales and weighing facilities 22.09.800 unlawful practices 22.09.250 warehouse receipts compliance with Uniform Commercial Code, ch. 62A.7 RCW 22.09.300 contents, required terms 22.09.290 delivery of commodity deemed bailment and not a sale 22.09.520 duplicate receipts 22.09.320 forms 22.09.300 inspection 22.09.340 redemption 22.09.520 retention period 22.09.340 unauthorized receipt prohibited, penalty 22.09.310 Storage of agriculture commodities liens depositor 22.09.371 Tax exemption 82.08.820, 82.12.820 Tax exemption, applicability 82.14.820 Tax imposed 82.04.280, 82.04.440 Vegetables and fruits, controlled atmosphere storage Ch. 15.30 Wine bonded wine warehouse storage license 66.24.185 WARRANTIES (See also UNIFORM COMMERCIAL CODE, subtitle Sales) Blood procurement, use, etc., immunities from implied warranty and civil liability, extent 70.54.120 Breach of warranty 62A.2-316 Condominiums express warranties of quality 64.34.443, 64.34.452 implied warranties of quality 64.34.445, 64.34.450, 64.34.452 qualified warranties Ch. 64.35 Cumulation and conflict 62A.2-317 Disclaimer of, lease or rental of personal property, merchantability or fitness 63.18.010 Exclusion 62A.2-316 Express warranties 62A.2-313 Extension to third parties 62A.2-318 Implied warranties 62A.2-314, 62A.2-315 Insurance breach of contract 48.18.350 negotiation of contract 48.18.090 Intention of parties 62A.2-317 Letters of credit 62A.5-110 Manufactured home sales implied warranty 46.70.132 Manufactured homes installation warranty 46.70.134 Mobile home sales implied warranty 46.70.132 Mobile homes 46.70.135 installation warranty 46.70.134 Modification 62A.2-316 Motor vehicles, See MOTOR VEHICLES, subtitle Warranties Product liability actions, See PRODUCT LIABILITY ACTIONS Sales, See UNIFORM COMMERCIAL CODE, subtitle Sales Service contracts Ch. 48.110 Telephone buyers’ protection act Ch. 19.130 Third party beneficiaries 62A.2-318 Title, warranty of 62A.2-312 Wheelchairs Ch. 19.184 WARRANTS Airports, municipal 14.08.118 Arrest service how made 10.31.030 telegraph, by 10.31.060 teletype 10.31.060 sheriff’s fee 36.18.040 utilities and transportation commission, arrest without warrant, when 80.04.470, 81.04.460 when not in possession, procedure 10.31.030 Arrest by coroner form 36.24.110 issuance 36.24.100 service 36.24.120 Arrest without warrant, when authorized 10.31.100 Cerebral palsy fund 70.82.024 Cities and towns accident claim fund 35.31.050 call for by treasurer 35.21.320 cancellation after one year 39.56.040 claims fund 35.21.085 interest rate 35.21.320, 39.56.020 local improvement guaranty fund issuance of 35.54.090 purchase of 35.54.070 municipal courts warrant officers 35.20.270 payment 35.21.320 payrolls fund 35.21.085 public utility funds 35.92.100 rate fixed by issuing officer 39.56.030 special revenue 35.41.050 Cities and towns under 300,000, emergencies 35.33.101 Commission of crime in another state, charge or complaint, issuance of 10.88.320 Controlled substances, See DRUGS Counties bond issues, coupons of 36.67.070 breaking, when authorized 36.33.090 cancellation after one year 39.56.040 county road fund anticipation of motor vehicle, funds, payment if 36.82.090 used to pay, when 36.82.080 deemed as cash, when 36.33.100 duties of county auditor 36.22.050, 36.22.060, 36.22.070, 36.22.090, 36.22.100 emergencies, payment 36.40.190 interest 36.29.040, 36.29.050 interest rate 39.56.020 park and recreation districts 36.69.150 payment 36.29.060 procedure to invest 36.33.080 purchase from current expense fund 36.33.070 rate fixed by issuing officer 39.56.030 road improvements 36.88.330 salaries of officers and employees 36.17.040 tax refund funds breaking warrant, when authorized 36.33.090 deemed as cash, when 36.33.100 procedure to invest 36.33.080 purchase from current expense fund 36.33.070 treasurer purchase of county tax refund warrants as cash 36.33.100 salary warrants drawn on bailiffs, superior courts 2.32.370 school district treasurer 28A.510.270 warrant calls procedure 36.29.060 (2008 Ed.) WASHINGTON PUBLIC PORTS ASSOCIATION Criminal cases, See WARRANTS, subtitle Arrest Diking districts warrants, how issued 85.05.280 Drainage districts how issued 85.06.250 limitation of actions on 4.16.050 presentment for indorsement 85.06.330 Exchange of for school district bonds 28A.530.070, 28A.535.060 Extradition demand from another state, governor’s warrant 10.88.260 peace officer or other person, authority to command assistance, duties 10.88.270 Fire protection districts coupons or registered warrants local improvement districts 52.20.060 judicial confirmation 52.22.021 Habeas corpus limitation on inquiry of 7.36.130 prevent removal or irreparable injury apprehension of offending party 7.36.200 contents 7.36.190, 7.36.200 execution 7.36.210 issuance 7.36.190 return 7.36.210 Horticultural inspection, search warrants 15.17.190 Interest on warrants rate Ch. 39.56 Irrigation districts, limitation of actions on 4.16.050 Joint operating agencies, powers as to 43.52.3411 Local improvement funds, lowland filling 35.55.110 Loss or destruction cancellation of original 39.72.020 issuance of duplicate 39.72.010 notification of fiscal officers 39.72.020 records to be kept 39.72.020 Lost or destroyed warrants, instruments, or other evidences of indebtedness, issuing officer to issue duplicates 43.08.064, 43.08.066, 43.08.068 Metropolitan municipal corporations, authority to issue 35.58.490 Military claims 38.24.010 Motor vehicle fund warrants to acquire highway property in advance of programmed construction 47.12.210, 47.12.220, 47.12.230, 47.12.240 Municipal airports, revenue warrants 14.08.118 Municipal corporations cancellation after one year 39.56.040 interest rate 39.56.020 rate fixed by issuing officer 39.56.030 Nuisances abatement contents 7.48.030 execution, deemed as, when 7.48.030 injunction in place of 7.48.020 issuance 7.48.030 motion for 7.48.020 order allowing 7.48.020 stay of issuance 7.48.040 warrant of abatement authorized, when 7.48.250, 7.48.260 stay of 7.48.270 Political subdivisions, duties of county auditors 36.22.090 Revenue, port districts 53.40.135 Schools and school districts district superintendent to sign 28A.400.030 exceeding budget, liability of county auditor 28A.350.060 first class districts 28A.330.080 joint purchasing agency, of 28A.320.080 registration all districts 28A.350.010 second class districts (2008 Ed.) county auditor, duties concerning drawing and issuing 28A.350.040 registration 28A.350.020 statement of canceled warrants 28A.510.270 teachers 28A.350.050 Search warrants alcoholic beverages Ch. 66.32 contents 10.79.020 directed to sheriff or constable 10.79.020 issuance of, grounds 10.79.015 search without warrant unlawful, penalty 10.79.040 Search warrants, See also SEARCH AND SEIZURE Sheriffs, duty in regard to 36.28.010 State warrants call of unpaid warrants 43.08.080 cancellation for nonpresentment 43.08.062 investment of state funds in 43.84.120 issuance of new warrant when old canceled 43.08.062 no funds to pay exchange for new warrant 43.08.070 indorsement, interest 43.08.070 printing of 43.08.061 retention, destruction of redeemed warrants 43.08.061 state treasurer cash or demand deposits for, duty to maintain 43.08.135 willfully refusing to pay, exceptions, recovery 43.08.130 when appearing to be redeemed, claim required, time limitation 4.92.200 Strip, body cavity searches, procedure 10.79.080 Supplemental proceedings authorized, when 6.32.010 service 6.32.140 vacation and modification 6.32.020 Unemployment compensation employer contribution assessments 50.24.115 Warrant officers positions to be maintained within city police department 35.20.270 WARRANTY DEEDS Conveyances, covenants 64.04.030 Form and effect 64.04.030 WASHINGTON ADMINISTRATIVE CODE Publication by code reviser 34.05.210 WASHINGTON AMBASSADOR PROGRAM (See COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT, DEPARTMENT OF, subtitle Washington ambassador program) WASHINGTON CLEAN AIR ACT (See AIR POLLUTION CONTROL, subtitle Washington clean air act) WASHINGTON COORDINATE SYSTEM Conflict of coordinates United States survey prevails 58.20.210 Conflict with United States survey United States survey to prevail 58.20.210 Control stations 58.20.180 Conversion of coordinates to metric system 58.20.190 Coordinates "N" and "E" designation 58.20.150 Definitions 58.20.110 zones, technical definitions 58.20.170 Limitations on use of term in maps and documents 58.20.200 Metric conversion of coordinates 58.20.190 Plane coordinates adopted 58.20.130 Recording coordinates 58.20.180 System and zone designation in land descriptions 58.20.140 System designation, use of 1927 and 1983 systems 58.20.120 Tracts in both zones description 58.20.160 Zones designation in land descriptions 58.20.140 designation of 58.20.130 technical definitions 58.20.170 tracts in both zones description 58.20.160 WASHINGTON GENERALS, ASSOCIATION OF (See LIEUTENANT GOVERNOR) WASHINGTON INSTITUTE OF APPLIED TECHNOLOGY (See VOCATIONAL TECHNOLOGY) WASHINGTON INSURANCE GUARANTY ASSOCIATION Actions to prevent insolvency 48.32.110 Board of directors reimbursement for expenses 48.32.050 selection 48.32.050 Claims obligation for, limitation 48.32.060 order of recovery 48.32.100 Creation of association 48.32.040 Credit against premium tax for assessments for payment of claims 48.32.145 Default judgment against insolvent insurers, setting aside of 48.32.160 Definitions 48.32.030 Effect of paid claims 48.32.090 Examination by the commissioner 48.32.120 Insolvency, prevention of 48.32.110 Insurance commissioner, duties and powers 48.32.080 Insurers’ insolvency pool, termination, distribution 48.32.170 Judgments based on failure of insolvent insurer to defend, setting aside of 48.32.160 No liability for performance of powers and duties under this chapter 48.32.150 Nonduplication of recovery 48.32.100 Plan of operation for the association 48.32.070 Powers and duties 48.32.060 Setting aside of default judgments against insolvent insurers 48.32.160 Stay of all proceedings against insolvent insurer 48.32.160 Tax exemption 48.32.130 WASHINGTON LIBRARY NETWORK (See WESTERN LIBRARY NETWORK) WASHINGTON LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION (See INSURANCE, subtitle Washington life and disability insurance guaranty association) WASHINGTON MY HOME State song 1.20.070 WASHINGTON PERSONNEL RESOURCES BOARD (See PERSONNEL RESOURCES BOARD) WASHINGTON PUBLIC PORTS ASSOCIATION Dues and assessments 53.06.040 Federation of Washington ports authority to create, purposes enumerated 53.06.070 duty to establish 53.06.030 Financial records, audit 53.06.060 Purposes, powers and duties 53.06.030 Reports 53.06.020 Trade centers annual service fee, distribution for support of local government 53.29.030 authority to undertake development of 53.29.010 cooperation with other entities 53.29.030 definitions 53.29.015 facilities authorized 53.29.020 power to establish 53.29.020 [RCW Index—page 795] WASHINGTON PUBLIC POWER SUPPLY SYSTEM (W.P.P.S.S.) WASHINGTON PUBLIC POWER SUPPLY SYSTEM (W.P.P.S.S.) (See OPERATING AGENCIES) WASHINGTON REPORTS Delivery to state law librarian 40.04.030 Distribution and exchange 40.04.100 Distribution by publisher 40.04.110 Printing duties of public printer 43.78.030 public printer may contract for 43.78.070 Publication court reports commission, duties 2.32.160, 2.32.170 proof sheets correction of 2.32.130 to judges 2.32.120 WASHINGTON SCHOLAR AWARD (See COLLEGES AND UNIVERSITIES, subtitle Washington scholar award) WASHINGTON SERVICE CORPS (See UNEMPLOYMENT COMPENSATION, subtitle Washington service corps) WASHINGTON SOLDIERS’ HOME (See WASHINGTON VETERANS’ HOMES) WASHINGTON STATE (See STATE) WASHINGTON STATE LABOR COUNCIL Occupational and environmental research facility advisory committee, membership 28B.20.456 WASHINGTON STATE MEDICAL ASSOCIATION Occupational and environmental research facility advisory committee, membership 28B.20.456, 28C.20.458 WASHINGTON STATE PATROL (See STATE PATROL) WASHINGTON STATE REDISTRICTING ACT (See CONGRESSIONAL DISTRICTS AND APPORTIONMENT) WASHINGTON STATE REGISTER Attorney general’s opinions, published in 34.08.020 Contents certification of, when 34.08.040 period of 34.08.020 preparation and transmittal of by agencies and officials to code reviser, rules regarding 34.08.030 Created period of 34.08.020 Institutions of higher education considered state agency for 34.08.050 state agencies for register purposes 34.08.050 Interest rate computation and publication 19.52.025, 34.08.020 Juvenile disposition standards and security guidelines, published in 34.08.020 Legislative finding 34.08.010 Preparation and transmittal of material by agencies and officials to code reviser, rules regarding 34.08.030 Publication 1.08.110 Publication in deemed official notice 34.08.040 Publication of 34.05.210 period of 34.08.020 Regular meetings, schedule of, change of, published in 42.30.075 Rules format and style 34.05.395 preparation and transmittal of by agencies and officials to code reviser 34.08.030 Severability 34.08.910 Short title 34.08.900 WASHINGTON STATE UNIVERSITY (See also COLLEGES AND UNIVERSITIES) Agricultural college grant 43.79.120 Agricultural commodity marketing [RCW Index—page 796] international trade center, IMPACT contributions and support 28B.30.543 director 28B.30.539 duties 28B.30.537 primary functions 28B.30.535 research and services, fees 28B.30.541 Agricultural extension work, county cooperation 36.50.010 Agricultural outdoor burning educational material on health and environmental effects 70.94.650 Bond issues additional powers of regents 28B.30.750 local borrowing authority Ch. 28B.142 Bond issues for buildings and facilities—1961 act authorized issues, form and terms, interest 28B.30.730 concurrent with other acts 28B.30.780 definitions 28B.30.710 not general obligation of state 28B.30.770 powers of regents 28B.30.720 powers of regents, purpose 28B.30.700 refunding bonds, authorized 28B.30.760 Washington State University bond retirement fund created, building fees and grants deposited 28B.30.740 Bond issues for buildings and facilities—1977 act amount 28B.31.010 bond anticipation notes authorized 28B.31.020 bond retirement fund created 28B.31.060 certification of adequate funds for payment, prerequisite for issuance 28B.31.090 form, terms, conditions 28B.31.030 legal investment for public funds 28B.31.080 principal and interest, payment 28B.31.060 proceeds expenditure of, limitation 28B.31.050 subordination to liens of revenue bonds 28B.31.100 transfer of funds to state general fund 28B.31.070 Branch campus Vancouver 28B.45.040 Branch campuses Tri-cities area 28B.45.030 Climate and rural energy development center authorized 28B.30.642 definitions 28B.30.640 funding 28B.30.644 Collective bargaining Ch. 41.76 Community technology opportunity program Ch. 28B.32 Courses, studies, and instruction exclusive majors 28B.30.060 graduate work 28B.10.120 major courses common to Washington State University and University of Washington 28B.10.115 Courses, studies and instruction agriculture 28B.30.065 Dairy/forage and agricultural research facility at Rainier school farm 28B.30.810 Degrees technology masters and doctorate 28B.30.500 Employees contracts, not to have interest in 28B.30.140 Employees’ suggestion program Ch. 41.60 Energy education, applied research, and technology transfer programs transferred from energy office to Washington State University 28B.30.900, 28B.30.901 Extension department, head as member of board of supervisors 28A.335.270 Farm marketing research Ch. 15.64 Federal aid acceptance by state 28B.30.210, 28B.30.220 agricultural experiment stations assent by state 28B.30.255 university designated as recipient 28B.30.250 appropriation 28B.30.215 Morrill act funds 28B.30.200 state treasurer receiving agent for 28B.30.270 trust funds, status 28B.30.285 withdrawal of funds by university 28B.30.280 Fees building fees disposition 28B.15.310 exemptions children of law enforcement officer and fire fighter who died or were disabled in line of duty 28B.15.380 installment payments 28B.15.411 refund, cancellation 28B.15.600 Fees, See also COLLEGES AND UNIVERSITIES, subtitle Fees Food and environmental quality laboratory, purpose and activities Ch. 15.92 Food animal veterinarian conditional scholarship program Ch. 28B.121 Funds agricultural college permanent fund investment in regents’ revenue bonds 43.84.140 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 agricultural permanent fund allocation 43.79.130 created 43.79.130 source 43.79.130 disposition of certain revenues agricultural college lands 28B.30.742 scientific school lands 28B.30.741 Morrill fund 28B.30.275 scientific permanent fund allocation 43.79.110 created 43.79.110 scientific school permanent fund investment in regents’ revenue bonds 43.84.140 investment of surplus moneys in 43.84.041, 43.84.051, 43.84.061 Washington State University bond retirement fund created, building fees and grants deposited 28B.30.740 Washington State University building account 43.79.335 High-technology education and training 28B.30.499 Home economics extension work, county cooperation 36.50.010 International marketing program for agricultural commodities and trade (IMPACT) center contributions and support 28B.30.543 director 28B.30.539 duties 28B.30.537 primary functions 28B.30.535 research and services, fees 28B.30.541 Lind dryland research unit, transfer of land and lease income to unit 28B.30.902 Medical and hospital care for students 28B.30.350 leases, contracts, agreements 28B.30.355 Name, location 28B.30.010 Pesticide registration, commission on, membership and duties 15.92.090, 15.92.100, 15.92.105, 15.92.110 Puget Sound water quality field agents program, See WASHINGTON STATE UNIVERSITY, subtitle Sea grant program Purpose 28B.30.015 Real property annual report by department of natural resources 28B.30.310 Regents advisor, attorney general 28B.30.117 appointment Const. Art. 13 § 1 bylaws, president of board, powers 28B.30.125 (2008 Ed.) WASTE DISPOSAL FACILITIES contracts, not to have interest in 28B.30.140 disbursement of funds 28B.30.130 expenses 28B.30.116 generally 28B.30.100 management of university 28B.30.095 meetings 28B.30.120 oaths 28B.30.115 powers and duties 28B.30.150 secretary of board, duties, bond 28B.30.135 treasurer appointment, duties 28B.30.130 Scientific school grant 43.79.100 Sea grant program definitions 28B.30.630 matching requirements 28B.30.634 Small business development center authority to establish 28B.30.530, 28B.30.533 Spokane area collaboration with Eastern Washington University and local community colleges 28B.30.050 Stadium highway authorized 47.20.580 acquisition of property for 47.20.600 condemnation for 47.20.610 measure of damage to buildings 47.20.620 sale of buildings and personalty acquired in acquisition of land 47.20.630 use declared public use 47.20.605 State register, considered state agency for purpose of 34.08.050 Sustaining agriculture and natural resources, center for, purpose and activities Ch. 15.92 Technology center administration, board of directors 28B.20.289 availability of facilities 28B.20.295 community, trade, and economic development department responsibilities 28B.20.293 created 28B.20.285 definitions 28B.20.287 renewable energy and energy efficiency business development strategic plan 28B.20.296 clean energy policy 28B.20.298 small business innovation research assistance program 28B.20.297 staff, faculty, and facilities support 28B.20.291 Technology program degrees 28B.30.500 Telecommunications system for technology education 28B.30.520 Tree fruit research center financing bonds alternative methods authorized 28B.30.620 anticipation notes, authorized 28B.30.604 authorized, condition 28B.30.600 general obligations of the state 28B.30.608 issuance, sale, retirement, state finance committee 28B.30.602 lease agreement prerequisite to sale 28B.30.614 legal investment for public funds 28B.30.618 methods of payment 28B.30.616 owners’ and holders’ rights 28B.30.612 proceeds, administration 28B.30.606 redemption fund, created, use 28B.30.610 office-laboratory construction account, 1975 appropriation 28B.30.619 Trust assets, annual report to regents 28B.30.300 Water quality field agents program captions not law 28B.30.638 Wine grape industry, instruction administration 28B.30.067, 28B.30.068 WASHINGTON TECHNOLOGY CENTER (See TECHNOLOGY) WASHINGTON VETERANS’ HOMES Management, director of department of veterans affairs 43.60A.075 Nursing home care public assistance purchase of contracts for services 74.09.120 (2008 Ed.) Residents’ rights Ch. 70.129 Soldiers’ home legislature, duties Const. Art. 10 § 3 WASHINGTON VETERANS’ HOMES AND VETERANS’ CEMETERY Admittance, qualifications 72.36.030 Burial of deceased 72.36.110 Cemetery 72.36.115 Definitions 72.36.035 Domiciliary and nursing care provided 72.36.055 Eastern Washington veterans’ home establishment 72.36.075, 72.36.077 Federal funds 72.36.060 Hobby promotion 72.36.090, 72.36.100 Maintenance, defined 72.36.045 Medicaid 72.36.140, 72.36.145 Personal needs allowance 72.36.160 Resident council 72.36.150 Resident rights 72.36.037 Residents’ income 72.36.120 Soldiers’ home admittance 72.36.040 establishment 72.36.010 regulations 72.36.050 Superintendent appointment 72.36.020 Washington veterans’ home establishment 72.36.070 WASHINGTON-OREGON BOUNDARY State boundaries, defined Const. Art. 24 § 1 WASHINGTON’S BIRTHDAY School holiday, president’s day 28A.150.050 WASTE (See also REAL PROPERTY, subtitle Waste) Actions for waste Ch. 64.12 Attachment, sale of property before judgment 6.25.220 Discharge permits, exemptions from environmental impact statements 43.21C.0383 Ejectment and quieting title actions, counterclaim for permanent improvements and taxes paid 7.28.180 Forcible entry and detainer, when deemed as waste 59.12.030 Injunctions, damages for waste on stay of proceedings for recovery of possession 7.40.200 Limitation of actions 4.16.080 Medical incineration, requirements 70.95.710 residential sharps waste collection 70.95K.040 residential sharps waste disposal 70.95K.030 sharps waste collection 70.95.715 Probate, partnership interests of decedent, waste committed by surviving partners, security required 11.64.016 Real property action for waste 64.12.020 limitation of actions for 4.16.080 Recovery of possession, injunctions, damages for waste on stay of proceedings for recovery of 7.40.200 Redemption period, during conduct not constituting 6.23.100 restraining of 6.23.100 Sanitary districts, See SANITARY DISTRICTS Sewer districts, See SEWER DISTRICTS WASTE DISPOSAL FACILITIES Bond issue anticipation notes, pledge, promise, seal 43.83A.080 appropriation 43.83A.900 bondholders remedies 43.83A.090 general obligation bonds appropriation required 43.83A.020 authorized 43.83A.020 conditions 43.83A.070 form 43.83A.070 issuance 43.83A.020 proceeds of sale administration of 43.83A.040 deposited in state and local improvements revolving account 43.83A.030 use of 43.83A.040 sale of 43.83A.020 terms 43.83A.020, 43.83A.070 legal investment for public funds 43.83A.110 legislature may provide additional moneys 43.83A.100 waste disposal facilities bond redemption fund retirement of bonds from 43.83A.090 source of funds 43.83A.090 Declaration 43.83A.010 Definitions 43.83A.050 Hazardous waste disposal action for damages resulting from violations attorney fees 70.105.097 attorney general enforcement, legal actions, authorized 70.105.120 definitions 70.105.010 disposal sites acquisition authority 70.105.040 fee schedule, establishment 70.105.040 receiving criteria 70.105.070 energy facilities 70.105.110 environmental excellence program agreements, effect 70.105.025 extremely hazardous waste rules and standards 70.105.020 federal law implementation rules, legislative review 70.105.140 state agency designation, powers 70.105.130 hazardous substance remedial action procedural requirements of chapter not applicable 70.105.116 list of waste for disposal, requirements 70.105.030 off-site disposal 70.105.050 orders requiring compliance, issuance, appeal, etc. 70.105.095 PCB waste 70.105.105 purpose, comprehensive statewide control framework 70.105.007 receiving criteria 70.105.070 rules, regulations, fee schedules, review by solid waste advisory committee 70.105.060 solid wastes conditionally exempt from chapter 70.105.035 violations civil penalty 70.105.080 criminal penalties 70.105.085, 70.105.090 Hazardous waste management conflict related to site, department to assist in resolution 70.105.260 local government authority to prohibit or condition acceptance 70.105.217 local governments coordination with private facilities 70.105.220 grants available 70.105.235 pollution control hearings board to hear disputes 70.105.250 preparation of local plans 70.105.220 technical assistance from department 70.105.255 local governments to designate zones 70.105.225, 70.105.230 metals mining and milling operations, permits and inspections 70.105.300 notice of intent to file application for facility 70.105.245 plan components 70.105.200 criteria for facilities siting 70.105.210 plan preparation requirements contingent on funding 70.105.270 service charges, assessment by department of ecology 70.105.280 state preemption 70.105.240 treatment facilities permits, rules 70.105.215 [RCW Index—page 797] WASTE REDUCTION Integration of disposal systems 43.83A.040 Referral to electorate 43.83A.060 Sewerage systems water pollution control Ch. 90.48 Water pollution control Ch. 90.48 WASTE REDUCTION (See also ECOLOGY, DEPARTMENT OF, subtitle Hazardous waste management; ECOLOGY, DEPARTMENT OF, subtitlte Waste reduction) Consultation program 70.95C.040 Database 70.95C.060 Definitions 70.95C.020 Director’s authority 70.95C.080 Hazardous waste generators and users multimedia permit pilot program 70.95C.250 voluntary reduction plan 70.95C.200 appeal of department order or surcharge 70.95C.230 exemption from preparing, petition for 70.95C.210 fees 70.95E.030 public inspections of plans, summaries, and progress reports 70.95C.240 review of plan, executive summary, or progress report by department of ecology 70.95C.220 Hotline 70.95C.060 Legislative findings 70.95C.010 Office recycled paper use in state government, goals 70.95C.110 waste reduction and recycling awards program duties 70.95C.120 waste reduction and recycling program 70.95C.110 Office created, duties 70.95C.030 Plastic containers definitions 70.95F.010 labeling requirements plastics industry standards 70.95F.020 violations, penalty 70.95F.030 Research and development program 70.95C.070 Source separated materials private business involvement in plan development local solid waste advisory committee to examine 70.95.167 State parks waste reduction and recycling 79A.05.045 Techniques, workshops, seminars 70.95C.050 WASTE REDUCTION, RECYCLING, AND MODEL LITTER CONTROL ACT Administrative procedure act, application to chapter 70.93.040 Airports recycling receptacles 70.93.095 Collection of fines and forfeitures 70.93.070 Collection of taxes, fines, and forfeitures waste reduction, recycling, and litter control account, exception 70.93.180 Community restitution litter cleanup programs funding 70.93.250 Declaration of purpose 70.93.020 Definitions 70.93.030 Department of ecology, administration of antilitter and recycling programs, guidelines 70.93.200 Distribution of taxes, fines, and forfeitures waste reduction, recycling, and litter control account, exception 70.93.180 Enforcement of chapter 70.93.050 Enforcement officers, designated, authority 70.93.050 Industrial cooperation requested 70.93.210 Legislative findings 70.93.010 Litter collection programs, coordination 70.93.220 Litter receptacles placement 70.93.090 use of anti-litter symbol, distribution, placement, violations, penalties 70.93.090 [RCW Index—page 798] Litter tax compliance enforcement 70.90.180 distribution 70.90.180 funds use 70.90.180 public education and awareness programs funding 70.90.180 recyclable materials, market development 70.90.180 Littering prohibited, penalties 70.93.060 Marinas recycling receptacles 70.93.095 Notice to public, contents of chapter, required 70.93.080 Recycling receptacles airports 70.93.095 marinas 70.93.095 Removal of litter, responsibility 70.93.110 Solid waste vehicle transporting, load covering or securing required 70.93.097 Violations of chapter, penalties 70.93.230 Waste reduction, recycling, and litter control account creation, distribution 70.93.180 WASTEWATER Discharge permits, issuance conditions 90.48.520 Greywater reuse standards, procedures, and guidelines 90.46.140 Municipal sewage sludge beneficial uses 70.95J.030 biosolid management program 70.95J.020 biosolids permits, fees and report 70.95J.025 definitions 70.95J.010 enforcement of regulations department of ecology authority 70.95J.050 federal requirements 70.95J.007 legislative findings 70.95J.005 permit issuance and enforcement local health department authority 70.95J.080 permit review 70.95J.090 transportation 70.95J.020 violations department of ecology authority 70.95J.040 gross misdemeanor punishment 70.95J.060 monetary penalty 70.95J.070 Reclaimed water use advisory committee 90.46.050 agricultural industrial process water 90.46.150 definitions 90.46.010 demonstration projects 90.46.110 direct recharge, standards 90.46.042, 90.46.080 discharge to wetlands, standards and procedures 90.46.044, 90.46.090 enforcement powers of secretary of health 90.46.060 exemptions from standards and guidelines 90.46.070 findings, intent 90.46.005 impairment of water rights downstream from freshwater discharge points, conditions 90.46.130 industrial and commercial use, standards, guidelines, and permits 90.46.030 industrial reuse water, permit 90.46.160 land applications, standards, guidelines, and permits 90.46.040 pilot projects 90.46.020 projects, conflict resolution 90.46.072 rules, coordination with department of health 90.46.015 sewerage or disposal systems 90.48.112 streamflow augmentation 90.46.100 surface percolation 90.46.080 wastewater treatment facilities 90.03.252, 90.44.062, 90.46.120 WASTEWATER TREATMENT PLANT OPERATORS Ad hoc advisory committees 70.95B.071 Certification certificate holders under prior program 70.95B.080 eligibility following revocation 70.95B.100 fees 70.95B.095 issuance, term, renewal 70.95B.090 operator in charge on effective date 70.95B.080 reciprocity with other states 70.95B.130 required 70.95B.030 revocation 70.95B.100 suspension for noncompliance with support order 70.95B.115 temporary, to fill vacant position 70.95B.080 unlawful acts, penalties, injunctions 70.95B.120, 70.95B.140 Definitions 70.95B.020 Ecology, director of classification of plants 70.95B.050 criteria 70.95B.060 powers and duties 70.95B.110 rules and regulations 70.95B.040 criteria 70.95B.060 Effective date of act 70.95B.900 Legislative declaration 70.95B.010 On-site systems, designer licensing Ch. 18.210 Revenue, disposition 70.95B.150 Unlawful acts, penalties, injunctions 70.95B.120, 70.95B.140 WATER AND WATER RIGHTS (See also FLOOD CONTROL) Appropriation existing rights preserved 90.03.010 industrial purposes 90.16.020 land, appropriation by corporations conveying water 90.16.100 license fees for water power claimants 90.16.050, 90.16.060, 90.16.090 mines and mining 90.16.020 power development, use of water for 90.16.050 public use, generally Const. Art. 21 § 1 use outside state 90.16.110, 90.16.120 water companies 90.16.010 Aquatic rehabilitation zones Ch. 90.88 Aquifer protection areas creation process 36.36.020 delinquent fees, lien 36.36.045 dissolution process 36.36.050 fee revenues, use of 36.36.040 fees for withdrawal of water or sewage disposal 36.36.030 low-income persons, reduced fees 36.36.035 purpose 36.36.010 Artesian wells, provisions relating to use Ch. 90.36 Basic data fund 43.21A.067 Bottled water 70.119A.140 quality standards for, authority of state board of health to adopt 43.20.050 Building permit applications evidence of adequate water supply 19.27.097 Cities and towns acquisition for irrigation and domestic purposes 35.92.220, 35.92.230, 35.92.240, 35.92.260 areas of service need not be contiguous 35.92.250 charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 energy conservation programs revenue bonds 35.92.105 pollution protection 35.88.010 power to contract debt for Const. Art. 8 § 6 use for irrigation and domestic purposes, acquisition 35.92.220 Compliance and enforcement 90.03.605 Comprehensive plans of cities address run-off 35.63.090, 35A.63.061, 36.70.330 Conservation (2008 Ed.) WATER AND WATER RIGHTS irrigation district assistance to landowners 87.03.0175 water resource management Ch. 90.42 Conservation assistance programs cities and towns revenue bonds 35.92.105 Conservation districts, water rights preserved 89.08.390, 89.08.391 Conservation programs counties assistance to water customers 36.94.460 financing 36.94.450 water-sewer district conservation plan and water use restrictions 57.08.170 water-sewer districts’ assistance to customers, limitations 57.08.160 Construction projects in state waters Ch. 77.55 Counties charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 conservation programs assistance to water customers 36.94.460 financing 36.94.450 revenue bonds issuance authorized 36.94.450 Depositing unwholesome matter in, penalty 9.66.050, 70.54.010 Dikes, levees, embankment, cities and towns, authority to construct 35.21.090 Diking and drainage districts, See DIKING AND DRAINAGE Diking and drainage improvement districts, waters developed by, use 85.08.630, 85.08.640, 85.08.650, 85.08.660 Drainage districts charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 Drought joint select committee on water supply during drought Ch. 90.86 Drought, general provisions 43.83B.300 Drought preparedness account 43.83B.430 Drought relief department of ecology emergency powers implementation orders, procedure 43.83B.405 legislative intent 43.83B.400 limitations on powers granted 43.83B.425 loans and grants, authority to make 43.83B.415 rule making authority 43.83B.420 withdrawals and diversions of water, temporary, authorization 43.83B.410 withdrawals and diversions of water, temporary, authorization by department of ecology 43.83B.410 Ecology department powers and duties 43.21A.064 Efficiency study 43.83B.300 Emergency, continuing shortage, alleviation bond issue, authorized 43.83B.300 Eminent domain city in adjoining state authorized to condemn watershed property 8.28.050 water use declared public use 90.03.040 Eminent domain, water power companies 90.16.030, 90.16.040, 90.16.045 Family farm water act water withdrawal permits Ch. 90.66 Fees 90.03.470, 90.03.471 Fishways, flow, and screening Ch. 77.57 Flood control, See FLOOD CONTROL Flood control districts, sale, lease or use of 86.09.154 Future rights acquired through appropriation 90.14.180 Greywater, See WASTEWATER Ground waters acreage expansion program 90.44.445 appropriation 90.44.040 artificially stored water 90.44.130 (2008 Ed.) capping of wells 90.44.110, 90.44.120 certificate of ground water right amendment to permit or certificate, exemption 90.44.100 consolidation of rights for exempt wells 90.44.105 showing required 90.44.080 vested rights 90.44.090 comprehensive plan, land use element, public water supplies 35.63.090, 35A.63.061, 36.70.330 definitions 90.44.035 existing rights not affected 90.44.440 ground water areas, establishment 90.44.130 impoundment or other resource management techniques, consideration of benefits in application for water right 90.44.055 investigations, authorization 90.44.250 management programs fee revenues, use of 36.36.040 management programs, requirements 90.44.400, 90.44.410, 90.44.420, 90.44.430 metering or measuring withdrawals 90.44.450 Odessa subarea 90.44.520 permit to withdraw 90.44.050, 90.44.060, 90.44.070 reclaimed water, use by wastewater treatment facilities 90.44.062 rights, determination 90.44.220, 90.44.230 superseding permit or certificate Columbia basin project, water delivered from 90.44.510 supervisors, authority and duties 90.44.200 supply, hearing to adjust supply to needs 90.44.180 surface waters, ground water control not to affect 90.44.030 waste of water prohibited, exceptions 90.44.110, 90.44.120 Whitman county clustered residential development pilot project 90.44.052 withdrawal, priorities and regulation 90.44.130 Hydraulic projects and permits Ch. 77.55 Hydroelectric reservoir extending into British Columbia commission, powers 35.21.418 watershed agreement 35.21.417 Hydropower, comprehensive plan 90.54.800 Impoundment of water or other resource management techniques, consideration of benefits in application for water right 90.03.255, 90.44.055 Impure, furnishing, penalty 70.54.020 Inland bodies of water, rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Irrigation limitation on number of ditches 90.28.040 Irrigation, See also IRRIGATION DISTRICTS Irrigation districts powers in regard to 87.03.140 Irrigation districts, See also IRRIGATION DISTRICTS Joint operating agencies, sale of water 43.52.391 Lakes outflow regulation Ch. 90.24 Lakes, See also LAKES Lakes within irrigation and rehabilitation districts 87.84.005, 87.84.010, 87.84.020, 87.84.030, 87.84.040, 87.84.050, 87.84.060, 87.84.061, 87.84.070, 87.84.071, 87.84.080, 87.84.100, 87.84.110, 87.84.120 Land ownership, rights acquired through 90.14.170 Measurement, units of 90.03.020 Minimum water flows and levels, establishment Ch. 90.22 Municipal water supply purposes beneficial uses 90.03.550 failing public water system, conditions 90.03.580 identification 90.03.560 unperfected surface water right, change or transfer 90.03.570 watershed agreement, pilot project 90.03.590, 90.03.591 Natural area preserves, See NATURAL AREA PRESERVES Navigable waters state’s right, title and interest in, granting to diking districts 85.05.082 Obstructing is nuisance 7.48.120 Obstructions to, removal by counties 36.32.290 Oil pollution control, See WATER POLLUTION CONTROL Outdoor recreation use, limitation on liability of owners of land and water areas when open to public without fee 4.24.200, 4.24.210 Outflow of lakes, regulation, See LAKES, subtitle Outflow regulation Permits to withdraw water, rights and extensions 90.14.150 Plumbing fixtures, water conservation performance standards 19.27.170 Poisons or other harmful objects in food, drinks, medicine, or water Ch. 69.40 Policy of the state 90.03.005 Pollution cities and towns abatement of action by sheriff 35.88.050 declaration of nuisances 35.88.030 enforcement by health officers 35.88.060 injunction proceedings 35.88.070 prosecution and trial of offenders 35.88.050 punishment for creating or maintaining nuisance 35.88.040 sewerage discharged into streams, certain cities prohibited from 35.88.080 special police, authorization for 35.88.020 supply sources, authority over 35.88.010 depositing unwholesome matter in waters, public nuisance, penalty 9.66.050, 70.54.010 detergent phosphorus content Ch. 70.95L penalty 70.54.010 polluting substances discharge in waters 70.54.010 public utility districts, powers in regard to 54.16.050 water supply generally 70.54.010 watersheds in adjoining state 70.54.030 Pollution, See also ECOLOGY, DEPARTMENT OF; WATER POLLUTION CONTROL Port districts, improvement and regulation of 53.08.060 Prescription or adverse use, rights not acquired by 90.14.220 Prior water rights 90.14.160 Public nuisances concerning 7.48.140 Public utility districts acquisition of property rights 54.16.020, 54.16.030 surveys and plans for 54.16.010 water rights in regard to 54.16.050 Public water supply chemical contaminants local standards may be stricter 70.142.040 monitoring requirements 70.142.020, 70.142.030 noncomplying systems, corrective plan 70.142.050 standards 70.142.010 emergency interties 90.03.390 health standards, adoption by state board of health 43.20.050 service areas, approval 90.03.386 system interties 90.03.383 Public water supply systems operators Ch. 70.119 Public Water System Coordination Act of 1977 bottled water exemption 70.116.100 [RCW Index—page 799] WATER AND WATER RIGHTS coordinated water system plans approval 70.116.060 compliance requirements 70.116.060 dispute resolution mechanism 70.116.060 purveyor limitations 70.116.060 critical water supply service areas boundaries, determination 70.116.070 coordinated water system plans development of 70.116.050 requirements 70.116.050 establishment of 70.116.040 studies 70.116.040 definition 70.116.030 fire protection performance standards 70.116.080 legislative declaration 70.116.010 municipal water systems, controlling statutes 70.116.090 purposes 70.116.020 rate making authority preserved 70.116.110 review of water or sewer system plan 70.116.140 satellite system management agencies criteria for designation 70.116.134 severability 70.116.900 short title 70.116.120 water supply problem areas critical water supply service areas establishment 70.116.040 studies, responsible authorities 70.116.040 system establishment moratorium 70.116.040 Reclaimed water use Ch. 90.46 Reclamation districts of one million acres or more Ch. 89.30 Registration claims registry 90.14.111 definitions 90.14.031 enforcement and implementation 90.14.200 existing rights preserved 90.14.044 misrepresentation of claim, penalty 90.14.121 notice requirements 90.14.091, 90.14.101 statement of claim to withdraw, divert, or use 90.14.041, 90.14.043, 90.14.051, 90.14.061, 90.14.065, 90.14.068, 90.14.081 waiver or relinquishment 90.14.071 Regulations, counties 36.32.280 Relinquishment of rights for abandonment or nonuse 90.14.130, 90.14.160, 90.14.170, 90.14.180, 90.14.190, 90.14.200 Reservation of water for certain purposes and minimum flows 90.03.345 Reservoirs permits 90.03.370, 90.44.460 underground artificial storage and recovery project 90.03.370 Reservoirs, See also RESERVOIRS Reversion of rights to state for nonuse notice and determination 90.14.130 sufficient cause for nonuse 90.14.140 Rights public utility districts 54.16.050 Riparian and upland areas left unharvested for benefit of public resources landowner immunity from civil liability for damages resulting from trees being left 76.09.330 legislative findings 76.09.330 Rivers and streams fencing across 90.28.160 Rivers and streams, See also RIVERS AND STREAMS Roads and highways, inundation for public purposes 90.28.010, 90.28.020 Sewer districts charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 Sewer systems water conservation considerations in planning 90.48.495 [RCW Index—page 800] Shoreline management act of 1971, See SHORELINE MANAGEMENT Solid waste management, See SOLID WASTE MANAGEMENT Storage dams, construction or modification 90.03.350 Storm water control facilities assessments, rates, and charges 90.03.500, 90.03.510, 90.03.520, 90.03.525 Storm water treatment facilities highway construction projects, planning 90.03.540 Stream patrolmen, appointment, powers, and compensation Ch. 90.08 Subterranean water aquifer protection areas fee revenues, use of 36.36.040 purpose 36.36.010 Surface waters appropriation, procedures 90.03.250, 90.03.265, 90.03.270, 90.03.280, 90.03.290, 90.03.300, 90.03.310, 90.03.320, 90.03.330, 90.03.340 appropriation by corporations conveying water 90.16.100 controlling works and measuring devices 90.03.360 conveyance rights along lakes and streams 90.03.030 conveyance to intake structures in neighboring states 90.03.030 crimes against water code 90.03.400, 90.03.410, 90.03.420 definitions 90.03.015 determination of water rights, procedures 90.03.110, 90.03.120, 90.03.130, 90.03.140, 90.03.150, 90.03.160, 90.03.170, 90.03.180, 90.03.190, 90.03.200, 90.03.210, 90.03.220, 90.03.230, 90.03.240, 90.03.243, 90.03.245 diversion fish hatcheries or rearing facilities 90.03.360 metering requirements 90.03.360 modification of point of diversion 90.03.395, 90.03.397 salmonid stock, impact of diversion on 90.03.360 temporary changes 90.03.390 transfer of rights 90.03.380 eminent domain 90.03.040 fees 90.03.470, 90.03.471 ground water control not to affect surface water rights 90.44.030 impoundment or other resource management techniques, consideration of benefits in application for water right 90.03.255 inchoate rights 90.03.460 instream flows or levels, establishment of minimum Ch. 90.22 measurement, units of 90.03.020 minimum flows and levels 90.03.247 partnership ditches 90.03.430, 90.03.440, 90.03.450 planning units, petition for general adjudication 90.03.105 prosecuting attorneys, duties 90.03.100 reclaimed water, use by wastewater treatment facilities 90.03.252 reservation of water for certain purposes and minimum flow 90.03.345 rights attaching to land 90.03.380 stream patrolmen, appointment, powers, and compensation Ch. 90.08 violations of water code, penalties 90.03.600 water masters, designation, powers, and duties 90.03.060, 90.03.070, 90.03.090 Tracking system account 90.14.240 Transfers of water, water conservancy board duties Ch. 90.80 Transportation facilities, See PORT DISTRICTS Trees on bank, removal by counties 36.32.300 Trust water rights 90.14.215 Trust water rights program acquisition 90.42.030, 90.42.080 construction of act 90.42.138 definitions 90.42.020 existing water rights not impaired 90.42.070 guidelines for acquisition and management 90.42.050 limitations of act 90.42.135 management 90.42.040 water banking 90.42.100, 90.42.110, 90.42.120, 90.42.130 United States water rights Ch. 90.40 use of water courses 90.40.020 Wastewater, See WASTEWATER Water banking 90.42.100, 90.42.110, 90.42.120, 90.42.130 Water code Ch. 90.03, 90.03.005 Water conservancy boards application of chapter 90.80.135 conflicts of interest 90.80.120 creation 90.80.020 definitions 90.80.010 dissolution of board 90.80.065 funding 90.80.060 membership 90.80.050 multicounty boards 90.80.035 open public meetings act, application 90.80.130 petition for board creation, approval or denial 90.80.030 powers 90.80.055, 90.80.060 quorum 90.80.057 reports to legislative committees 90.80.140 training requirements and continuing education for commissioners 90.80.040 transfers of water appeals 90.80.090 application of chapter 90.80.140 applications 90.80.070 immunity of county and department from damages 90.80.100 interties, approval 90.80.110 notice, hearing 90.80.070 review, internet posting 90.80.080 Water conservation districts, See CONSERVATION DISTRICTS Water districts charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 Water masters designation, powers, and duties 90.03.060, 90.03.070, 90.03.090 Water resource management Ch. 90.82 trust water rights, acquisition and management 90.42.020, 90.42.030, 90.42.040, 90.42.050, 90.42.070, 90.42.080 Water resource policy 43.83B.300 Water resources delivery rate structures 43.20.235 emergency withdrawal of public surface and ground waters 43.83B.300 planning, department of health duties 43.20.230 water system plan review 43.20.250, 43.20.260 Water resources act assistance grants 90.54.060 dam safety report 90.54.160 data system 90.54.030 declaration of fundamentals for utilization and management 90.54.020 definitions 90.54.120 electric generation facility, application to appropriate water 90.54.170 evaluation of projects’ needs and financing 90.54.100 findings 90.54.005 funding of programs, priorities 90.54.035 ground water aquifers, protection 90.54.140 hydropower, comprehensive plan 90.54.800 (2008 Ed.) WATER POLLUTION CONTROL land use management policy modifications 90.54.130 planning and pilot process 90.54.045 program development and implementation 90.54.040, 90.54.060, 90.54.080, 90.54.090 setting aside or withdrawing waters, rule making 90.54.050 stream flow restoration, priority 90.54.191 water supply projects, interagency cooperation 90.54.150 water use efficiency and conservation programs and practices 90.54.180 Water transfers, water conservancy board duties Ch. 90.80 Watershed compensatory mitigation Ch. 90.74 Watershed property city in adjoining state authorized to condemn 8.28.050 Well construction Ch. 18.104 Yakima enhancement project 43.21A.470 Yakima river basin water rights Ch. 90.38 WATER COMPANIES (See also PUBLIC UTILITIES, subtitle Water companies) Fire hydrants water companies may be required to maintain 80.28.250 Labor liens, See LIENS, subtitle Franchises, earnings, property of certain companies Taxation Ch. 84.12 Water appropriation Ch. 90.16 WATER CONSERVANCY BOARDS (See WATER AND WATER RIGHTS) WATER DISTRIBUTION DISTRICTS (See IRRIGATION DISTRICTS; WATERSEWER DISTRICTS) WATER DISTRICTS (See also WATERSEWER DISTRICTS) Charges, construction costs notice, recording 65.08.170 payment, release 65.08.180 Cities and towns conveyance of distribution system 57.08.020, 57.08.035 City or town taking over part of the district, effect 57.08.035 Distribution system conveyance to cities and towns 57.08.020 Fluoridation authority 57.08.012 Insurance risk management services authorized Ch. 48.62 self-insurance authorized Ch. 48.62 Municipal water and sewer facilities act Ch. 35.91 Short-term obligations Ch. 39.50 Underground utilities, location, damage Ch. 19.122 Validation 1988 act 57.06.180 WATER MAINS Franchises to construct along state highways 47.44.010 Underground utilities, location, damage Ch. 19.122 WATER POLLUTION CONTROL (See also WATER QUALITY) Administrative procedure act, application 90.48.230 Agricultural activities enforcement 90.48.450 Aquatic lands leased from state, requirements 90.48.386 Aquatic noxious weed control commercial herbicide information and application 90.48.447 Eurasian water milfoil control 90.48.448 water quality permits 90.48.445 Ballast water management Ch. 77.120 Barley straw, application 90.48.310 (2008 Ed.) Baseline study of state waters 43.21A.405, 43.21A.410, 43.21A.415, 43.21A.420 Boat sewage pumpout or dump units, location and installation 79A.60.530, 79A.60.540, 79A.60.550 Boater environmental education and boat waste management program 79A.60.560, 79A.60.570 Cities and towns, authority for local improvement 35.43.040 Coastal protection fund 90.48.390, 90.48.400 Construction projects involving fill material leaching test 90.48.530, 90.48.531 Cooperation with federal government 90.48.153 Cooperation with states and other jurisdictions 90.48.156 Dairy nutrient management appeals from ecology department, actions and orders 90.64.040 complaints, investigation, and corrective action 90.64.030 concentrated animal feeding operation designation and permit 90.64.020 conservation commission, duties 90.64.080 conservation districts, duties 90.64.070 data base, development and maintenance 90.64.130 definitions 90.64.010 denial of approval or certification, producerrequested hearings 90.64.028 ecology department duties 90.64.050 transfer to agriculture department 90.64.901 environmental excellence program agreements, effect on chapter 90.64.015 inspection program 90.64.023 livestock nutrient management account 90.64.150 plans, contents and certification 90.64.026 producers, registration 90.64.017 public records, disclosure 90.64.190 statement of environmental benefits 90.64.160 technical assistance teams, membership and duties 90.64.140 water monitoring, protocol 90.64.180 Definitions 90.48.020 Detergent phosphorus content definitions 70.95L.010 legislative findings 70.95L.005 limitation 70.95L.020 notice to distributors and wholesalers 70.95L.030 violations, injunctions 70.95L.040 Ecology, department of assistance request 90.48.100 enforcement authority 90.48.037, 90.48.095 jurisdiction 90.48.030 right of entry 90.48.090 rule-making authority 90.48.035 Emergency actions regarding discharge 90.48.240 Environmental excellence program agreements Ch. 43.21K effect on chapter 90.48.045 Facilities, tax exemption and credits Ch. 82.34 Facilities and services public works statute inapplicable 39.04.175 Facilities financing bond issues Ch. 90.50 definitions 70.146.020 evergreen community, preference 70.146.120 extended grant payments 70.146.075 federal capitalization grants Ch. 90.50A grants or loans conditions 70.146.030 considerations 70.146.070 environmental benefits statement 70.146.090 level not precedent 70.146.040 legislative intent 70.146.010 progress report 70.146.030 Puget Sound partners 70.146.110 secondary treatment, compliance schedule 70.146.050 tax receipts, water quality account 70.146.080 water quality account 70.146.030, 70.146.060 water quality capital account 70.146.100 Federal clean water act administration and implementation 90.48.260, 90.48.261, 90.48.262, 90.48.264 construction and industrial storm water general permits effluent limitations, report 90.48.555 fees 90.48.565 inspection and compliance 90.48.560 water quality data credible data, information, literature 90.48.580, 90.48.585 definitions 90.48.575 falsified data, penalty 90.48.590 findings and intent, legislative 90.48.570 Federal reclamation project irrigation districts use attainability analysis 90.48.540 Federal reclamation projects use attainability analysis 90.48.540 Fish hatcheries and rearing facilities 90.48.215, 90.48.220 Forest practices compliance with federal water pollution control act 90.48.425 ecology department, jurisdiction and enforcement 90.48.420 regulation and enforcement 90.48.420 Hazardous substance remedial actions procedural requirements not applicable 90.48.039 Hazardous substances financial responsibility Ch. 88.40 Liquefied natural or propane gas, safety standards 88.16.200 Livestock nutrient management program statutory review 90.64.170 Marine plastic debris Ch. 79.145 Metals mining and milling operations, regulation Ch. 78.56 Monitoring programs, agreements or contracts authorized 90.48.250 Oil and gas well drilling affecting surface waters, environmental impact statement required 78.52.125 Oil and hazardous substance spill prevention and response definitions 90.56.010 ecology director’s responsibilities 90.56.020 incident response training and education program 90.56.080 investigation 90.56.400, 90.56.410 model contingency plan 38.52.420 onshore and offshore facilities cleanup and containment services contractors, standards 90.56.240 contingency plans 90.56.210 enforcement of contingency plans 90.56.270 index to contingency plans and equipment 90.56.250 notification of discharge 90.56.280 oil removal, duty 90.56.340 operation standards 90.56.220 operations manuals 90.56.230 practice drills and adequacy of plans 90.56.260 prevention plans 90.56.200 unlawful operation, penalties 90.56.300, 90.56.310, 90.56.320, 90.56.330 powers and duties of ecology department 90.56.030 rule-making authority 90.56.050 spill removal or dispersal ecology department duties 90.56.350 liability 90.56.360, 90.56.370, 90.56.380, 90.56.390 recovery of expenses 90.56.400 statewide master contingency plan 90.56.060 vessel response account, dedicated rescue tug 90.56.335 wildlife rehabilitation 90.56.110 wildlife rescue coalition 90.56.100 [RCW Index—page 801] WATER QUALITY Oil discharges, authorization and permits 90.56.420 Oil pollution compensation schedule 90.48.366, 90.48.367 damage assessment 90.48.368 definitions 90.48.364 Oil spill prevention account 90.56.510 Oil spill response account 90.56.500 Oil spills financial responsibility Ch. 88.40 prevention and response Ch. 88.46 small spill education program 79A.60.620 Oil tankers pilot requirement 88.16.170, 88.16.180 reckless operation, penalty 90.56.530 restricted waters and safety requirements 88.16.190 speed limit 88.16.195 On-site sewage disposal systems proximity to marine waters 90.48.264 Polluting substances, discharge into waters prohibited 90.48.080 Pollution control hearings board, jurisdiction and duties Ch. 43.21B Pollution disclosure act of 1971 Ch. 90.52 Port districts, powers and duties as to acquisition and construction of facilities, etc. 53.08.040, 53.08.045 Project financing, contracts for state aid 90.48.285 Project financing, grants to municipal or public corporations or political subdivisions 90.48.290 Public water supplies, chemical contaminants Ch. 70.142 Puget Sound water quality protection Ch. 90.71 Pulp and paper mills discharge of chlorinated organics, reports and permits 90.48.455 Service provider agreements additional method 70.150.070 contents, funds 70.150.030 county competitive bid requirements inapplicable 36.32.265 definitions 70.150.020 grants or loans, eligibility 70.150.060 legislative intent 70.150.010 prevailing wages, public contract statutes 70.150.080 procedural requirements 70.150.040 public works applicability 35.22.625 sale, lease, or assignment of public property 70.150.050 water quality account funds authorized 70.146.030 Sewage drainage basins designation and comprehensive plans 90.48.270, 90.48.280 Sewage treatment facilities construction and upgrading, standards 90.48.490 Sewer overflows reduction, plans and compliance 90.48.480 Sewerage or disposal systems operating and maintenance plans, submission 90.48.110 reclaimed water use 90.48.112 Sewerage or disposal systems, submission of plans or proposed methods of operation to commission 36.94.100 Shellfish protection districts and programs Ch. 90.72 Shellfish sanitation control, application of pollution laws and rules 69.30.130 Shoreline management act, See SHORELINE MANAGEMENT Storm water construction and industrial general permits effluent limitations, report 90.48.555 fees 90.48.565 inspection and compliance 90.48.560 Underground storage tanks, requirements Ch. 90.76 [RCW Index—page 802] Violations civil penalty 90.48.144 liability for damages 90.48.142 notices and directives 90.48.120 penalties 90.48.140 Waste discharge fees 90.48.465 Waste disposal permits counties, municipalities, and public corporations 90.48.160, 90.48.162, 90.48.165, 90.48.170, 90.48.180, 90.48.190, 90.48.195, 90.48.200 fees 90.48.465 fish hatcheries and rearing facilities marine finfish rearing facilities 90.48.220 upland finfish facilities’ waste discharge standards 90.48.215 Wastewater, See WASTEWATER Water discharge permits, fees 90.48.465 Water quality account funds authorized for service provider agreements 70.146.030 Water quality data credible data, information, literature 90.48.580, 90.48.585 definitions 90.48.575 falsified data, penalty 90.48.590 findings and intent, legislative 90.48.570 Water quality standards compliance method, ecology department authority 90.48.422 Water resources act Ch. 90.54 Watershed restoration projects approval process 90.48.430 WATER QUALITY Agricultural activities, See WATER POLLUTION CONTROL Aquatic noxious weed control commercial herbicide information and application 90.48.447 Eurasian water milfoil control 90.48.448 water quality permits 90.48.445 Aquatic nuisance species committee, membership and duties 77.60.130 Ballast water management Ch. 77.120 Bottled water contaminant in source water reporting requirements 70.119A.140 Cigarette tax, funding Ch. 82.24, Ch. 82.26 Dairy nutrient management Ch. 90.64 Data 90.48.570, 90.48.575, 90.48.580, 90.48.585, 90.48.590 Fish and wildlife habitat and water quality improvements property tax exemption 89.08.440 Forest practices, See FORESTS AND FOREST PRACTICES Pollution control, See WATER POLLUTION CONTROL Puget Sound water quality field agents program 28B.30.632 definitions 28B.30.630 matching requirements 28B.30.634 Puget Sound water quality protection Ch. 90.71 Safe Drinking Water Act, state participation and administration 43.21A.445 Service provider agreements additional method 70.150.070 bid requirements of cities and towns inapplicable 35.23.351, 35.94.050 contents, funds 70.150.030 county competitive bid requirements inapplicable 36.32.265 county lease statutes inapplicable 36.34.192 definitions 70.150.020 grants or loans, eligibility 70.150.060 legislative intent 70.150.010 prevailing wages, public contract statutes 70.150.080 procedural requirements 70.150.040 public utility district bid laws inapplicable 54.04.092 public works applicability 35.22.625 public works statute is inapplicable 39.04.175 sale, lease, or assignment of public property 70.150.050 water quality account funds authorized 70.146.030 Standards, See WATER POLLUTION CONTROL, subtitle Water quality standards Wastewater, See WASTEWATER Wastewater treatment systems, See WASTEWATER TREATMENT Water quality capital account 70.146.100 Water resources act Ch. 90.54 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 Well construction Ch. 18.104 WATER RECREATION FACILITIES Adjudicative proceeding, notice 70.90.210 Application of chapter, exceptions 70.90.250 Civil penalties 70.90.200 Criminal penalties 70.90.205 Definitions 70.90.110 Enforcement 70.90.140 Fees 70.90.150 Insurance required 70.90.230 Legislative findings 70.90.101 Local boards of health, authority 70.90.125 Modification or reconstruction of facility, procedure 70.90.160 Operating permit 70.90.170 Reporting of injury, disease, or death 70.90.190 Rules 70.90.120 Sales, operating instructions and health caution required 70.90.240 State and local health jurisdictions, liability 70.90.180 WATER RESOURCES Agriculture director of agriculture department’s powers and duties 43.23.030 Aquatic rehabilitation zones Ch. 90.88 Bottled water, See BOTTLED WATER Columbia river basin water supply Ch. 90.90 Drinking water facilities by irrigation districts proposal notice 87.03.487 Drought joint select committee on water supply during drought Ch. 90.86 Local utility districts drinking water facilities 54.16.145 Transfers of water, water conservancy board duties Ch. 90.80 Water conservancy boards, creation and duties Ch. 90.80 Water conservation account 43.155.100 Water resource inventory areas (WRIA) definitions 90.82.020 planning units implementation plan, report 90.82.043, 90.82.048 limitations on liability 90.82.050 watershed planning grants, eligibility 90.82.040 principles and criteria 90.82.030 Water transfers, water conservancy board duties Ch. 90.80 Watershed management grants, eligibility 90.82.040 habitat component 90.82.100 instream flow, environmental impact statement 90.82.085, 90.82.140 instream flow component 90.82.080 plan approval 90.82.130 plan parameters 90.82.120 planning, initiation and scope 90.82.060 projects and activities, identification 90.82.110 water quality component 90.82.090 water quantity component 90.82.070 Wetlands mitigation banking Ch. 90.84 WATER SKIING Personal watercraft (2008 Ed.) WATER-SEWER DISTRICTS motorsports vehicles - dealer and manufacturer franchises Ch. 46.93 Personal watercraft, operation and equipment 79A.60.170 Safety requirements 79A.60.170 WATER SUPPLY FACILITIES Bond issue Ch. 43.99D, Ch. 43.99E Bond issues general obligation bonds Ch. 43.83B WATER SYSTEMS (See PUBLIC UTILITIES; WATER WORKS AND SYSTEMS) WATER TRAIL RECREATION PROGRAM (See PARKS AND RECREATION) WATER UTILITIES Cities and towns authority to provide for 35.21.210 Underground utilities, location, damage Ch. 19.122 WATER WORKS AND SYSTEMS Aquifer protection areas fee revenues, use of 36.36.040 Bonds, refunding with general obligation funding bonds Ch. 39.52 Cities and towns acquisition 35.92.010, 35.92.014, 35.92.015 Canadian corporations, contracts with 35.92.400 electricity generation 35.92.010, 35.92.070 fire prevention, acquisition of auxiliary systems 35.21.030 pollution Ch. 35.88 water conservation 35.92.010 water mains, hydrants, and appurtenances, authority generally 35.43.040 water redemption bonds Ch. 35.89 Cities and towns, See also CITIES AND TOWNS, subtitle Water systems Combined sewerage, water, and garbage systems authority 35.67.331 statutes to govern 35.67.340 Diking and drainage districts, See DIKING AND DRAINAGE Electrical connections to water works piping, permission required 19.28.010 Furnishing impure water, penalty 70.54.020 Irrigation districts assumption of substandard water systems, limited immunity from liability 87.03.860 powers in regard to 87.03.140 Irrigation districts, See also IRRIGATION DISTRICTS Moratorium on hookups, procedures and limitations 70.05.160 Municipal water and sewer facilities act Ch. 35.91 Public utility districts acquisition and maintenance of water and irrigation works 54.16.030 water rights in regard to 54.16.050 Substandard system, assumption by public utility district 54.16.320 Substandard systems city assumption of substandard systems, limited immunity from liability 35.13A.100 county assumption of system, limited immunity from liability 36.94.480 optional municipal code cities’ assumption of system, limited immunity from liability 35A.21.270 Substandard systems, assumption of irrigation districts, limited immunity from liability 87.03.860 Water companies substandard water systems, limited immunity from liability on assumption of responsibility for 80.28.275 Water distribution districts, See WATER DISTRIBUTION DISTRICTS Water resource management Ch. 90.82 (2008 Ed.) Water-sewer districts authority to contract to manage, operate, or repair 57.08.011 WATERCOURSES AND WATERWAYS (See also HARBOR AREAS; PUBLIC LANDS, subtitle Aquatic lands) Ballast discharge 88.28.060 Camas Slough closure 88.28.055 Cities and towns construction in lowland fill areas Ch. 35.56 Counties flood control 36.32.280, 36.32.290 obstruction removal 36.32.290 regulation of 36.32.280 tree removal 36.32.300 Diking and drainage districts, See DIKING AND DRAINAGE Dock lines, cities and towns, establishment of 35.56.210 Environmental and forest restoration Ch. 43.21J Flood control, See FLOOD CONTROL Harbor improvement, See RIVER AND HARBOR IMPROVEMENT DISTRICTS Inland bodies of water, rehabilitation districts, See IRRIGATION DISTRICTS, subtitle Rehabilitation districts Navigation, obstructing 88.28.050 Obstructions to, removal by counties 36.32.290 Oil pollution, See WATER POLLUTION CONTROL, subtitle Oil pollution control Polluted and environmentally sensitive waters, identification and designation 79A.60.520 Public lands—aquatic lands beds of navigable waters Ch. 79.130 easements and rights of way Ch. 79.110 generally Ch. 79.105 harbor areas Ch. 79.115 oysters, geoducks, shellfish, and other aquacultural uses, and marine aquatic plants Ch. 79.135 tidelands and shorelands Ch. 79.125 waterways and streets Ch. 79.120 Public waterway districts accessible lands defined 91.08.020 appeals from condemnation or assessment decisions 91.08.580 assessments 91.08.270, 91.08.280, 91.08.290, 91.08.300, 91.08.310, 91.08.320, 91.08.330, 91.08.340, 91.08.350, 91.08.360, 91.08.370, 91.08.380, 91.08.390, 91.08.400, 91.08.410, 91.08.420, 91.08.430, 91.08.440, 91.08.450, 91.08.460, 91.08.590 assessments, procedures 91.08.520 authorization 91.08.010 board powers and duties 91.08.090, 91.08.100 bonds 91.08.465, 91.08.480, 91.08.485, 91.08.490, 91.08.500, 91.08.510 bridging of waterway part of cost 91.08.110 construction of improvements 91.08.530, 91.08.540 county commissioners designated as board 91.08.010 dredged material, sale as fill 91.08.600 eminent domain 91.08.120, 91.08.130, 91.08.140, 91.08.150, 91.08.160, 91.08.170, 91.08.180, 91.08.190, 91.08.200, 91.08.210, 91.08.220, 91.08.230, 91.08.240, 91.08.250, 91.08.260 enforcement 91.08.650 formation 91.08.030, 91.08.060, 91.08.070, 91.08.080 funds, surplus moneys 91.08.610 funds, unclaimed moneys 91.08.620 public lands, assessment 91.08.575 public lands, eminent domain 91.08.570 warrants, payment 91.08.550, 91.08.560 Railroads, crossing or line along 81.36.030, 81.36.040 Regulations, counties 36.32.280 Rights in, See WATER AND WATER RIGHTS River and harbor improvements, planning and funding Ch. 88.32 Soil and water conservation districts, See CONSERVATION DISTRICTS Trees on bank, removal by counties 36.32.300 Uniform waterway marking system 79A.60.500 United States use, rights 90.40.020 Water pollution control Ch. 90.48 Water resources act Ch. 90.54 Watercraft adrift, See also VESSELS AND SHIPPING Waterways as highways, control 91.08.630 Wharves, docks, and landings Ch. 88.24 WATERCRAFT (See BOATS AND BOATING; VESSELS AND SHIPPING) WATERFRONT LAND Bulkheads or rockwalls permits 77.55.141 Fishways, flow, and screening Ch. 77.57 Hydraulic projects and permits generally Ch. 77.55 WATER-SEWER DISTRICTS Acquisition by irrigation district, when 87.03.015 Additions and betterments to comprehensive plan 57.20.019 Annexation boundary review board objectives, not deemed to be a violation of 36.93.185 review by boundary review board not required 36.93.105 transfer of system from a county to a district hearing, notice 36.94.430, 36.94.440 powers of district 36.94.420 Annexation of territory, generally Ch. 57.24 Appellate procedure 57.16.090 Assessment collections, county treasurer 36.29.160 Assessments, generally 57.16.070, 57.16.100, 57.16.110, 57.16.150 Assumption of jurisdiction by city or town Ch. 35.13A Authorization 57.04.020 Bids and bidding service provider agreements, application of bid laws 57.08.017 Bond issues covenants for payment of revenue bonds 57.20.023 interest payments 57.20.130 local improvement guaranty fund 57.20.030, 57.20.080 mutual savings banks, investment in 32.20.110 refunding general obligation bonds 57.20.010 refunding revenue bonds 57.20.025 revenue bonds, authorization and use 57.20.018, 57.20.0181 revenue warrants and revenue bond anticipation warrants 57.20.027 special fund for retirement of revenue bonds 57.20.020 voter approval 57.20.010, 57.20.105 Bonds issues bond owners, rights and remedies 57.20.090 Boundaries dissolution when identical with municipality 57.04.110 establishment 57.04.030 Boundary review boards annexation of territory, generally Ch. 57.24 district actions subject to board review 57.02.045, 57.04.001 provision of service beyond district boundaries subject to review by board 57.08.047 withdrawal of territory Ch. 57.28 Change in boundaries copy of notice to be sent to officials 36.93.093 filing notice of with boundary review board 36.93.090 Cities and towns [RCW Index—page 803] WATERSHED PROTECTION contracts for district services to property owners, conditions 57.08.044 conveyance of distribution system 57.08.030, 57.08.040 inclusion within district 57.04.020 Commissioners association report to governor and legislature 44.04.170 commissioner districts 57.12.039 compensation 57.12.010 consolidated districts Ch. 57.32 decrease in number 57.12.017 election 57.12.030 increase in number 57.12.015 merger of districts Ch. 57.36 operating procedures 57.12.010 petitions, commissioners’ duties 57.02.015 review of decisions relating to assessments 57.16.090 terms of office 57.12.030 vacancies 57.12.020 void in candidacy 57.12.035 Comprehensive plan additions and betterments 57.20.019 additions and betterments for annexed areas 57.16.045 contents and approval 57.16.010 expenditures before plan adoption 57.16.015 financing 57.16.010 Comprehensive plans review 57.16.160 Concurrent service by two districts 57.08.007 Connection charges 57.08.005 Connection of water, sewer, or drainage without district permission unlawful 57.08.180 Consolidation Ch. 57.32 Construction projects small works roster, requirements 57.08.050 Contracts labor and materials 57.08.050 Counties contracts for district services to property owners, conditions 57.08.044 Cut off services, when 57.08.081 Disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 Dissolution district boundaries identical with cities and towns, procedure 57.04.110 election method 57.04.100 generally Ch. 53.48 review by boundary review board 53.48.001 Distribution system comprehensive plan contents and approval 57.16.010 conveyance to cities and towns 57.08.030, 57.08.040 financing 57.16.010 Drainage facilities public property subject to rates and charges 57.08.085 Elections conduct 57.02.090 county auditor’s duties 57.04.055 expenses 57.04.055 multicounty districts 57.02.050 procedure 57.12.030 Electricity generation 57.08.005 Emergency water use restrictions, authority to adopt and enforce 57.08.170 Eminent domain 57.08.005 Employees insurance benefits, district authority to provide 57.08.100 liability insurance 57.08.105 Excess capacity not grounds for zoning challenge 57.16.140 Extensions, plan preparation and review 57.08.150 Foreclosure of assessments, attorney fees 57.16.150 Formation [RCW Index—page 804] declaration as municipal corporation 57.04.060 election 57.04.050 excess tax levy 57.04.050 expenses 57.04.060 name 57.04.060 new developments, alternative formation 57.04.140 petitions, effect when two or more filed 57.04.070 procedures 57.04.030 Formation, reorganization, annexation actions approval requirements 57.02.040, 57.02.045 multicounty districts 57.02.050 ratification of prior actions 57.02.070 Funds deposit account requirements 57.20.165 maintenance or general fund and special funds 57.20.140, 57.20.150, 57.20.160, 57.20.170 Indebtedness additional indebtedness, procedure 57.20.120 interest payments 57.20.130 limitations 57.20.110 voter approval 57.20.105 Insurance liability, officers and employees 36.16.138 Irrigation districts, procedures for merger into 57.02.080 Local improvement districts assessments 57.16.070 assessments, segregation 57.16.110 authorization, bonds, and assessments 57.16.050 comprehensive plans, review 57.16.160 enlarged districts 57.16.080 formation notice requirements 57.16.065 hearing prior to formation, requirements 57.16.062 local improvement guaranty fund 57.20.030, 57.20.080 resolution or petition to form, procedure 57.16.060 sanitary sewer or potable water facilities, notice requirements 57.16.073 Low-income residential customers voluntary contributions to assist, administration Ch. 57.46 Merger of districts Ch. 57.36 Merger with irrigation districts 87.03.720 Methane gas 57.08.005 Multicounty districts delegation of duties 57.02.050 Mutual water, sewerage, drainage, and street lighting systems, establishment and maintenance authorized 57.08.065 Name change, procedure 57.04.065 New developments alternative formation of districts 57.04.140 Officers and employees liability insurance providing for 36.16.138 Petitions commissioners’ duties 57.02.015 notification of property owners 57.02.015 signatures of property owners, rules governing 57.02.010 Powers, generally Ch. 57.08 Property conveyance to county or park and recreation district for park and recreation purposes 57.08.140 disposition to public utility districts, procedures Ch. 57.42 lease of real property, conditions 57.08.120 sale of unnecessary property, procedure 57.08.015, 57.08.016 Public utility districts, restrictions on utility operations 54.04.030 Rates and charges authority 57.08.005 delinquencies 57.08.081 drainage facilities on public property 57.08.085 establishment and collection 57.08.081 low-income persons 57.08.014 tenants’ delinquencies 57.08.081 voluntary contributions to assist, administration Ch. 57.46 Service provider agreements, application of bid laws 57.08.017 Sewer, water, or drainage connection without permission of district unlawful 57.08.180 Sewer districts reclassification as water-sewer districts, validity of previous actions 57.02.001 validation, generally Ch. 57.06 Sewerage improvement districts conversion to water-sewer districts, procedures 57.04.130 creation and powers 57.04.120 Sewerage systems, on-site 57.08.005 Small works roster 57.08.050 Street lighting systems, construction and operation 57.08.060 System extensions connection charges reimbursement to owners 57.22.020, 57.22.030, 57.22.040 contracts conditions 57.22.010 district participation in financing project 57.22.050 Transfer of part of district to adjacent district 57.32.160 Transfer of system from a county to a district 36.94.410, 36.94.420, 36.94.430, 36.94.440 Treasurer designation and duties 57.20.135 Validation, generally Ch. 57.06 Waste treatment plant operators, certification, See WASTE TREATMENT PLANT OPERATORS Water conservation equipment assistance to customers in acquisition, limitation 57.08.160 Water conservation plan, authority to adopt and enforce 57.08.170 Water districts reclassification as water-sewer districts, validity of previous actions 57.02.001 Water pollution control authority 57.08.005 Water systems management, operation, or repair, district authority to contract 57.08.011 Watersheds cooperative watershed management 57.08.190 Withdrawal of territory Ch. 57.28 WATERSHED PROTECTION Compensatory mitigation Ch. 90.74 Cooperative watershed agreements port districts 53.08.420 Cooperative watershed management cities and towns 35.67.380 counties 36.01.230, 36.89.130 flood control districts 86.09.720 flood control zone districts 86.15.035 irrigation districts 87.03.019 public utility districts 54.16.360 water-sewer districts 57.08.190 Cooperative watershed protection counties 36.94.490 Eminent domain city in adjoining state authorized to condemn 8.28.050 Environmental and forest restoration Ch. 43.21J Fish enhancement projects permit processing 43.21C.0382 Interlocal cooperation formation 39.34.200, 39.34.220 indebtedness, bonds 39.34.210 use of water-related revenues 39.34.190 (2008 Ed.) WEIGHT LOSS FACILITIES Lake Whatcom municipal watershed pilot project 79.10.070 Municipal water suppliers watershed agreement, pilot project 90.03.590, 90.03.591 Planning and management Ch. 90.82 Water resource management Ch. 90.82 Watershed restoration projects approval process 90.48.430 consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 environmental impact statements, exemptions 43.21C.0382 fish habitat enhancement projects 89.08.470 permit processing 35.63.230, 35A.63.250, 36.70.992, 36.70A.460 substantial development permits, exemption 90.58.515 WATERWAYS (See WATERCOURSES AND WATERWAYS) WATERWORKS (See WATER WORKS AND SYSTEMS) WAYS OF NECESSITY Condemnation, See EMINENT DOMAIN Private property, taking of for private use as Const. Art. 1 § 16 WEAPONS (See also FIREARMS) Brass knuckles 9.41.250 Correctional institutions, possession of by person not a prisoner, penalty 9.94.043 Dangerous weapons, definition 9.41.250 Deadly weapons defined 9A.04.110 Deadly weapons or firearms unlawful use resulting in arrest public nuisance may be abated 7.48.155 Exhibitions, dangerous weapons prohibited 9.41.260 Intimidation or threats of another, unlawful 9.41.270 Nun-chuka sticks possession on school premises or facilities, penalty, exceptions 9.41.280 Possession by person not a prisoner in correctional institution, penalty 9.94.043 Possession by prisoner in penal institution, penalty 9.94.040 Possession in correctional institutions prohibited, posting of notice 9.94.047 Possession prohibited in specified locations 9.41.300 Rape use of deadly weapons 9A.44.040 Robbery armed with or display of deadly weapons 9A.56.200 Slung shot, use of prohibited 9.41.250 Special verdict to establish if accused armed with deadly weapon 9.95.015 Switch blade knives, use or possession of prohibited 9.41.250 Throwing stars possession on school premises or facilities, penalty, exceptions 9.41.280 WEATHER Emergency information telephone services accessibility from all phones 43.17.230 WEATHER MODIFICATION AND CONTROL Cloud seeding emergency program authorized 43.37.215 exemption from permit requirements during state of emergency 43.37.220 legislative declaration 43.37.210 Ecology, department of definitions 43.37.010 gifts, donations and grants, acceptance of 43.37.060 hearing procedure 43.37.050 (2008 Ed.) oaths and affirmations, administering power 43.37.050 powers and duties 43.37.030 research and development activities 43.37.040 subpoena power 43.37.050 Fees licenses 43.37.100 permits 43.37.160 Financial responsibility 43.37.150 Liability of state or department 43.37.190 Licenses for exemptions 43.37.090 fee 43.37.100 issuance 43.37.100 qualifications for 43.37.100 renewal 43.37.100 required 43.37.080 suspension or revocation 43.37.180 Notice of intention contents 43.37.130 filing 43.37.120 publication of 43.37.140 Permits for fee 43.37.160 financial responsibility 43.37.110, 43.37.150 hearing 43.37.110 issuance 43.37.110 prerequisites 43.37.110 separate permit for each operation 43.37.120 suspension or revocation 43.37.180 Records and reports 43.37.170 Violations, penalty 43.37.200 WEATHERIZATION Low-income residential program compliance with laws and rules 70.164.050 definitions 70.164.020 energy assessment required 70.164.050 leased or rented residences, limits 70.164.060 legislative findings 70.164.010 low-income weatherization assistance account 70.164.030 payments to account, treated as energy conservation 70.164.070 proposals by sponsors, matching funds 70.164.040 Low-income weatherization low-income weatherization assistance account 70.164.070 WEED DISTRICTS (See WEEDS) WEEDICIDE APPLICATORS (See PESTICIDES) WEEDS Aquatic noxious weed control commercial herbicide information and application 90.48.447 Eurasian water milfoil control 90.48.448 water quality permits 90.48.445 Aquatic nuisance species committee, membership and duties 77.60.130 Ballast water management Ch. 77.120 Control, See LIENS, subtitle Agricultural dusting and spraying Destruction by weed inspectors 17.04.200, 17.04.210, 17.04.220, 17.04.230 Freshwater aquatic weeds account 43.21A.650 Freshwater aquatic weeds management program 43.21A.660, 43.21A.662 Integrated pest management Ch. 17.15 Intercounty weed districts, formation and duties Ch. 17.06 Invasive species council Ch. 79A.25 Lakes, superior court jurisdiction over weed control 90.24.066 Noxious weed control assessments to fund 17.10.240 commercial aquatic herbicide information and application 90.48.447 county boards, organization and duties 17.10.020, 17.10.040, 17.10.050, 17.10.060 definitions 17.10.010 Eurasian water milfoil control 90.48.448 failure of owner to control, liability 17.10.170, 17.10.180 federal and tribal lands, weed control 17.10.201 feed containing noxious weed seeds on toxic weeds, penalty 17.10.235 fees for inspections 17.10.235 funding, application 17.10.250 integrated pest management Ch. 17.15 lien for labor, material, and equipment used for control efforts 17.10.280, 17.10.290, 17.10.300 notice and information dissemination 17.10.190 open areas 17.10.205 owner’s duty to control 17.10.140, 17.10.154 purple loosestrife control program Ch. 17.26 quarantine of land 17.10.210 spartina control program Ch. 17.26 state agencies’ duty to control 17.10.145 state board 17.10.030 state board, powers and duties 17.10.070 substances used to control subject to other acts 17.10.260 tribal and federal lands, weed control 17.10.201 unlawful acts, penalty 17.10.235 violations, penalty 17.10.230, 17.10.310, 17.10.350 water quality permits 90.48.445 Noxious weed control boards agreements with landowners 17.10.154 agriculture director’s powers 17.10.074 assessments 17.10.240 county boards, organization and duties 17.10.100 deactivation 17.10.890 insurance or surety bonds 17.10.270 liability and immunity 17.10.134 regional boards, organization and duties 17.10.110, 17.10.120, 17.10.130 right of official entry onto lands 17.10.160 state board, powers and duties 17.10.074, 17.10.080, 17.10.090 Noxious weed list 17.10.080, 17.10.090, 17.10.100 Parks and recreation commission, duties Ch. 79A.05 Pesticide application, See also PESTICIDE APPLICATION Pesticide application act Ch. 17.21 Pests and plant diseases, quarantine and regulation of movement Ch. 17.24 Purple loosestrife control program Ch. 17.26 Spartina control program Ch. 17.26 Weed coordinator, duties 17.10.060 Weed districts areas and boundaries 17.04.010 assessments 17.04.240, 17.04.245, 17.04.250 contiguous areas in cities and towns 17.04.160 county lands, weed control 17.04.180 creation, procedures 17.04.030, 17.04.050 disincorporation of special districts in counties with population of two hundred ten thousand or more Ch. 57.90 dissolution 17.10.900 elections 17.04.070 indebtedness limitation 17.04.260 Indian lands, weed control 17.04.170 meetings 17.04.070 right of official entry onto lands 17.04.280 rule making 17.04.070 state lands, weed control 17.04.180 United States lands, weed control 17.04.170 weed inspectors, duties 17.04.150, 17.04.190, 17.04.200, 17.04.210, 17.04.220, 17.04.230 WEIGHT LOSS FACILITIES Health studios, regulation Ch. 19.142 [RCW Index—page 805] WEIGHTS AND MEASURES WEIGHTS AND MEASURES Agricultural commodities, weight certification for highway transport Ch. 15.80 Anitfreeze, aversive agents 19.94.542 Antifreeze, aversive agents 19.94.540, 19.94.544 Berries and small fruits 19.94.470 Butter 19.94.410 Butter, sold by weight in units first class cities, regulating in markets 35.22.280 second class cities, regulation of 35.23.440 City sealers and deputies appointment and duties 19.94.280 authority of director of agriculture 19.94.320 comparison of standards 19.94.310 duties of governing body 19.94.310 enforcement duties 19.94.190 grievances, procedure 19.94.265 impersonation, penalty 19.94.500 incorrect devices, rejection or seizure 19.94.250, 19.94.260 inspection and testing of instruments and devices 19.94.175 investigation of complaints 19.94.220 obstruction in performance of duties, penalty 19.94.490 off sale orders, marking 19.94.230 powers and duties 19.94.320 rejected devices, confiscation or destruction 19.94.250 rejected devices, correction 19.94.255 right of entry 19.94.260 City sealers and deputies, See also SEALERS Commercial use correctness required 19.94.165 incorrect devices put back into service 19.94.258 registration and fees 19.94.015 unlawful practices, penalties 19.94.515, 19.94.517 Commodities measurement, exceptions 19.94.340 packaged commodities in intrastate commerce 19.94.350, 19.94.360 rules to assure good practice and accuracy 19.94.340 Commodities sold in bulk, delivery tickets 19.94.440 Common carriers, falsification, treble damages 81.28.210, 81.28.220 Dairy products, fluid, packaging for retail sale 19.94.420 Definitions 19.94.010 Electronic scanner visibility 19.94.390 Enforcement 19.94.190 Fish sold by weight, exceptions 19.94.400 Flour 19.94.430 Fractional units, fractional value 19.94.480 Fuels, solid fuels to be sold by weight or cubic measure, delivery tickets 19.94.450 Grievances, procedure 19.94.265 Heating oils, delivery tickets 19.94.460 Impersonation of officials, penalty 19.94.500 Incorrect devices, notice, rejection, or seizure 19.94.250 Incorrect devices, rejection or seizure 19.94.260 Injunctions against violations 19.94.520 Inspection and testing agencies and institutions 19.94.216 agriculture department duties 19.94.216 city sealer 19.94.216 classes of devices or instruments 19.94.216 fees 19.94.175, 19.94.216 off sale orders, marking 19.94.230 seal of approval 19.94.163 Instruments, devices, and standards correct and incorrect, when deemed 19.94.205 Investigation of complaints by director of agriculture 19.94.220 Livestock markets, requirements for weighing 16.65.400 Margarine 19.94.410 [RCW Index—page 806] Meat sold by weight, exceptions 19.94.400 Misleading wrappers or containers, standards of fill 19.94.370 Obstruction of officials in performance of duties, penalty 19.94.490 Oleomargarine 19.94.410 Poultry sold by weight, exceptions 19.94.400 Price verification 19.94.390 Prices not to be misleading or deceptive 19.94.390 Proof of existence of instrument or device presumed proof of regular use 19.94.530 Public scale defined, motor vehicle law 46.04.435 Registration commercial use of instruments and devices 19.94.015 incorrect devices put back into service 19.94.258 Rejected devices, confiscation or destruction 19.94.250 Rejected devices, correction 19.94.255 Rule-making authority of director of agriculture 19.94.190 Service agents registration certificate issuance 19.94.2582 revocation, suspension, or refusal to renew 19.94.2584 responsibilities 19.94.325 violations and penalties 19.94.325 Specifications, tolerances, and technical requirements adoption and hearing 19.94.195 Standards recognized standards 19.94.150 when deemed correct and incorrect 19.94.205 State standards 19.94.160 Stop-use, stop-removal, and removal orders 19.94.240 Unlawful practices, penalties 19.94.510, 19.94.515, 19.94.517 Warehouse regulations, See WAREHOUSES Weights and measures account 19.94.185 WELFARE (See PUBLIC ASSISTANCE) WELL CONSTRUCTION (See also WELLS) Appeals from department orders 18.104.130 Complaints, procedures 18.104.120 Continuing education, licensees 18.104.200 Definitions 18.104.020 Ecology, department of powers 18.104.040 well sealing and decommissioning, delegation of authority to local health authorities 18.104.043 Examinations contents and administration 18.104.080 Fees 18.104.055 Fees, disposition 18.104.150 Licenses conditional licenses 18.104.100 continuing education 18.104.200 duration and renewal 18.104.100 exemptions 18.104.180 resource protection well operators 18.104.095, 18.104.097 suspension 18.104.100 suspension for nonpayment or default on educational loan or scholarship 18.104.115 suspension or revocation, grounds 18.104.110 water well construction operators 18.104.093 water well operators 18.104.070 Notice of work required before commencing 18.104.048 Reclamation projects of state, regulation of well construction Ch. 89.16 Reports of construction or decommissioning 18.104.050 Resource protection well operators licenses 18.104.095 training licenses 18.104.097 Standards modification 18.104.049 noncompliance, remedies 18.104.065 Technical advisory group membership and duties 18.104.190 Violations cease and desist orders 18.104.060 civil penalties 18.104.155 criminal penalties 18.104.160 prosecution 18.104.160 unlawful acts 18.104.030 Water well construction operators training licenses 18.104.093 Water well operators licenses 18.104.070 Well sealing and decommissioning delegation of authority to local health authorities 18.104.043 WELLNESS PROGRAM State employees 41.04.362, 41.04.364, 41.06.280 WELLS (See also WELL CONSTRUCTION) Artesian wells capping 90.36.030, 90.36.040 flow limitation, exceptions 90.36.020 right of way to wells 90.36.010 violations and penalties 90.36.050 Failing to fence or cover a public nuisance 7.48.140 Ground water rights Ch. 90.44 Oil and gas, See OIL AND GAS, subtitle Wells Poisoning, penalty 69.40.030 Public nuisances concerning 7.48.140 WESTERN HEMLOCK State tree 1.20.020 WESTERN LIBRARY NETWORK Civil service exemptions 41.06.070 WESTERN STATE HOSPITAL (See HOSPITALS FOR MENTALLY ILL) WESTERN WASHINGTON STATE UNIVERSITY (See COLLEGES AND UNIVERSITIES; REGIONAL UNIVERSITIES) WETLANDS Mitigation banking application of chapter 90.84.070 authority of department to regulate 90.84.020 certification of banks 90.84.040 credits, approval of use 90.84.040, 90.84.050 definitions 90.84.010 interpretation of chapter and rules 90.84.060 rules adoption 90.84.030 Purple loosestrife control program Ch. 17.26 Reclaimed water discharge to wetlands, standards and procedures 90.46.044, 90.46.090 Shoreline management act Ch. 90.58 Spartina control program Ch. 17.26 Wetland manual, adoption 90.58.380 WHARFAGE Boats and vessels, liens created 60.36.010 Insurance, See INSURANCE, subtitle Marine and transportation insurance Liens, See LIENS, subtitle Transportation, storage, and advancements WHARFINGERS (See WAREHOUSEMEN AND WHARFINGERS) WHARVES, DOCKS, AND LANDINGS Cities and towns authorization of private construction 88.24.030 regulation of rates 88.24.030 Cities and towns as part of state highway system Ch. 47.24 first class cities, leasing of, limitation 35.22.410 Construction requirements 88.24.040 Counties (2008 Ed.) WILDLIFE authorization of private construction 88.24.020 regulation of rates 88.24.020 right-of-way acquisition by condemnation 88.24.070 Harbor area leases legislature to authorize limit on leases Const. Art. 15 § 2 Insurance, See INSURANCE, subtitle Marine and transportation insurance Port districts, acquisition and operation of facilities 53.08.020 Rates and charges port district power to fix 53.08.070 Riparian owners, right to construct and charge rates 88.24.010 Wharfage rates and charges city or town regulation 88.24.030 county regulation 88.24.020 landowners’ right to charge 88.24.010 Wharves and landings cities and towns first class cities, leasing limitation 35.22.410 harbor areas to be leased for under general laws Const. Art. 15 § 2 limit of term of lease Const. Art. 15 § 2 WHATCOM COUNTY Boundaries, tracing of 36.04.370 Lake Whatcom municipal watershed pilot project 79.10.070 Superior court judges, number of 2.08.063 WHEELCHAIRS (See also HANDICAPPED) Power wheelchair definition 46.04.415 Warranties action for damages 19.184.060 consumer waiver void 19.184.050 definitions 19.184.010 express warranty 19.184.020 implied warranty 19.184.020 repairs, refunds, and returns 19.184.030 returned products, disclosure 19.184.030 rights or remedies not limited 19.184.040 Wheelchair conveyances brake requirements license as moped in lieu 46.16.640 defined 46.04.710 safety standards 46.37.610 vehicle operators’ license may be restrictive 46.20.109 WHIDBEY ISLAND Whidbey Island game farm, sale 77.12.605 WHISKEY (See ALCOHOLIC BEVERAGES) WHISTLEBLOWERS (See also PUBLIC OFFICERS AND EMPLOYEES, subtitle Disclosure—Improper governmental action) Asbestos complaints, employee protection 49.26.150 Definitions 42.40.020 Dependent adults abuse, neglect, exploitation, or abandonment retaliation against whistleblowers and residents prohibited 74.34.180 Health care providers or facilities, protection 43.70.075 Improper governmental action assertions against state auditor 42.40.100 correctness of information, duty 42.40.035 disclosure, employee encouragement and protection Ch. 42.40 disclosure, employee identity confidentiality 42.40.040 false information, penalties 42.40.035 investigation administrative costs, funding 42.40.090 auditor’s contracting for assistance, authorization 42.40.080 auditor’s report of findings 42.40.040 (2008 Ed.) whistleblower program, performance audit 42.40.110 Local government employees disclosures confidentiality 42.41.900 intimidation of whistleblower prohibited 42.41.045 local government administrative hearings account 42.41.060 protection definitions 42.41.020 exemptions 42.41.050 legislative policy 42.41.010 retaliatory action unlawful penalty 42.41.040 relief by employee 42.41.040 right to report policies and procedures 42.41.030 Local government whistleblower protection proceedings administrative law judge assignment of judge to conduct proceedings at request of local government 34.12.038 costs for proceedings, allocation of responsibility for 34.12.039 Long-term care facilities retaliation 70.124.100 Public corporations 35.21.759 Retaliation against civil penalty for retaliator 49.60.250 letter of reprimand for retaliator’s personnel file 49.60.250 unfair practice 49.60.210 Retaliatory action against remedies 42.40.050 Rules disclosure of rules warranting review, employee encouragement and protection Ch. 42.40 State auditor investigation of reports of improper governmental activity 43.09.050 Workplace reprisal against remedies 42.40.050 WHITEWATER RAFTING Outfitters fees 79A.60.485 license requirements 79A.60.410, 79A.60.480 license sanction 79A.60.490 Regulation 79A.60.400, 79A.60.420, 79A.60.430, 79A.60.440, 79A.60.450, 79A.60.460, 79A.60.470, 79A.60.480, 79A.60.495 Uniform regulation of business and professions act 79A.60.498 WHITMAN COUNTY Boundaries, tracing of 36.04.380 Ground waters clustered residential development pilot project 90.44.052 Superior court judges, number of 2.08.063 WHOLESALERS Product liability actions Ch. 7.72 Tax imposed 82.04.270, 82.04.440 Wine distributor’s license 66.24.200 WIFE (See also HUSBAND AND WIFE) Community property, prenuptial debts, liability 26.16.200 WILD MUSHROOMS (See MUSHROOMS) WILDLIFE Acquisition or sale of wildlife by department 77.12.140 Animal health Title 77 RCW, application 16.36.128 Big game definition 77.08.030 Birds, See BIRDS Carcasses use for trap bait permitted 16.68.190 Check stations inspections 77.12.620, 77.12.630 purpose 77.12.610 Chemical capture program 69.50.320 Classification 77.12.020 Conservation corps duties 43.220.060 work project areas 43.220.120 Crimes and penalties, generally Ch. 77.15 Cruelty to animals, game laws exemption 16.52.180 Damage by wildlife claim payments per fiscal year, limitation 77.36.070, 77.36.080 claim refusal 77.36.060 claims for damages, payment procedures and limitations 77.36.040, 77.36.050 definitions 77.36.010 emergency claim payments 77.36.080 game damage control methods 77.36.020 trapping or killing wildlife causing damage, limitations and conditions 77.36.030 Damages caused by game cooperative agreements for prevention 77.12.260 Damages caused by wildlife response 77.12.240 Dangerous, keeping of city or county ordinances 16.30.050 confiscation 16.30.040 definitions 16.30.010 enforcement 16.30.070 exceptions 16.30.020 intent 16.30.005 prohibited behavior 16.30.030 violations, penalties 16.30.060 Deer dogs attacking deer and elk 77.12.315 Definitions 77.08.010 Deleterious exotic wildlife classification 77.12.020 Department of fish and wildlife, See FISH AND WILDLIFE, DEPARTMENT OF Dogs field trials, limitations 77.32.525, 77.32.540 Elk dogs attacking deer and elk 77.12.315 Endangered species classification 77.12.020 Enforcement right of entry 77.12.154 Enforcement code Ch. 77.15 Fees vehicle use on department improved access facility 77.32.380 Field trials for dogs limitations 77.32.525, 77.32.540 Firearms aliens, permit to carry, exception 9.41.170 unlawful uses by minors 9.41.240 Firearms safety and law pamphlet fish and wildlife department to publish 9.41.310 Fireworks 70.77.141 license 70.77.311 Fish, See FISH AND FISHING Fur dealers licenses 77.65.480 Furbearing classification 77.12.020 Game farms eggs, authority to deal in 77.12.580 licenses and operation 77.12.570 tagging of products 77.12.590 transportation of wildlife 77.12.600 Whidbey Island game farm, sale 77.12.605 Governor execution of deed for land exchange 77.12.220 Grizzly bears protection and management 77.12.035 transplantation or introduction, limitation 77.12.035 Habitat conservation and outdoor recreation lands [RCW Index—page 807] WILLOW GOLDFINCH acquisition Ch. 79A.15 maintenance and operation funding Ch. 79A.20 Hunter safety education progress firearm safety pamphlet to be used 9.41.310 Hunting, See HUNTING Immunity of landowners allowing land to be used for fish or wildlife cooperative project or solid waste cleanup 4.24.210 Injuries on outdoor recreational land, limitation on liability of landowner 4.24.200, 4.24.210 Killing in state park, penalty 79A.05.165 Lands withdrawal of state lands from lease for game purposes 77.12.360, 77.12.370, 77.12.380, 77.12.390 Licenses fur dealers 77.65.480, 77.65.490 game farms 77.65.480, 77.65.490 requirements, reports 77.65.500 revocation for support order noncompliance 77.32.014 taxidermy 77.65.480, 77.65.490 trapping 77.65.450, 77.65.460 Limitation on liability of land owners of outdoor recreational land 4.24.200, 4.24.210 Malicious prosecution claim by wildlife agents 4.24.350 Migratory bird stamp, license validation sale and use of revenues 77.12.670 Migratory waterfowl art committee 77.08.045, 77.12.690 chairman 77.12.680 Migratory waterfowl stamp 77.08.045 Mosquito control, effect on 70.22.050 Oil and hazardous materials spills wildlife rehabilitation 90.56.110 wildlife rescue coalition 90.56.100 Permits scientific collectors 77.32.240 Predatory interactions, web site posting 77.12.885 Prison work programs fish and game projects establishment 72.63.020 funding 72.63.040 procedures 72.63.030 Propagation and protection cooperation with Oregon, Columbia river 77.12.325 Public safety and education account 43.08.250, 77.12.201 Raffles 9.46.400 Rehabilitation program 77.12.467, 77.12.469, 77.12.471 Rules authority to adopt 77.12.047 Scientific collectors, permit 77.32.240 Snake river boundary with Idaho, cooperation for wildlife rules adoption and enforcement Ch. 77.75 Special wildlife account 77.12.323 State amphibian 1.20.150 State fish 1.20.045 State marine mammal 1.20.037 State parks, hunting and fishing violations 79A.05.165 State wildlife fund firearms safety and law pamphlet 9.41.070 Taxidermy licenses 77.65.480 Trapping carcasses, use for trap bait permitted 16.68.190 licenses 77.65.450, 77.65.460 private property, restrictions on use 77.65.450 removal of trap 77.32.545 required procedures 77.32.545 Viewing and tourism management, fish and wildlife department 77.12.065, 77.12.068, 77.12.880 watchable wildlife decals 77.32.560 Violations [RCW Index—page 808] crimes and penalties, generally Ch. 77.15 Volunteer cooperative fish and wildlife enhancement program agreements, duration 77.100.070 cooperative projects enumerated 77.100.030 definitions 77.100.020 department duties 77.100.050 duties of volunteers 77.100.080 procedures established by director 77.100.060 Water flows or levels, establishment of minimum Ch. 90.22 Watershed restoration projects, consolidated permit application process 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510 Wildlife account payments into 77.12.170, 77.12.184 use limitations 77.12.190 Wildlife agents malicious prosecution claims 4.24.350 Wildlife and recreation lands management Ch. 79A.20 Wildlife fund damage by wildlife, payment of claims 77.36.070 personalized license plates, additional fee to be deposited in fund 46.16.606 personalized license plates, revenues from use 46.16.605 Wildlife restoration, federal act Ch. 77.75 Wildlife violator compact Ch. 77.75 WILLOW GOLDFINCH State bird 1.20.040 WILLS (See also PROBATE) Abatement of assets 11.10.010 allocation of separate and community assets 11.10.030 gift from mixed separate and community property 11.10.020 nonprobate assets 11.10.040 Absence of witness from state, proof of will 11.20.040 Affidavit, witnesses of, effect 11.20.020 Age required to make 11.12.010, 26.28.015 Annulment 11.24.040 Application and construction of chapter 117, Laws of 1974 extraordinary session 11.02.080 Application for probate 11.20.020 Bond when not required 11.28.185 Capacity to make 11.12.010 Codicils revocation of will, effect on codicil 11.12.040 Codicils, "will" includes 11.02.005 Community personal property, limitation on spouse 26.16.030 Community property agreement 26.16.120 Construction intent of testator controls 11.12.230 "will" includes codicils 11.02.005 Conveyance, property bequeathed, agreement to convey does not revoke will 11.12.060 Conveyance of registered land 65.12.320 Death of grandparents’ issue before that of grantor rights of issue 11.12.110 Delivery by custodian on death of testator, penalty 11.20.010 Discovery of will, granting letters testamentary upon finding 11.28.150 Doctrine of worthier title abolished, exceptions 11.12.185 Domestic partnerships termination 11.12.051 Encumbered property devisee takes subject to 11.12.070 does not affect a revocation 11.12.070 Estate and transfer tax Ch. 83.100 Estate distribution documents Ch. 19.295 Evidence, affidavit of witnesses 11.20.020 Filing with court before death of testator 11.12.265 Foreign wills validity, requisites 11.12.020 Fraud failing to deliver on death of testator 11.20.010 Gifts to trusts 11.12.250 Guardian nominated by will or durable power of attorney 11.88.080 Incompetency of witness, proof of will 11.20.040 Incorporation by reference 11.12.255 separate writing may direct disposition of personal property 11.12.260 Inheritance tax Ch. 83.100 Intent of testator controls 11.12.230 Interest 11.12.220 Lapsed gifts 11.12.120 Legatee or devisee witness, as, effect 11.12.160 Life estates rule in Shelley’s case abolished 11.12.180 Life insurance policy designation of trustee as beneficiary 11.98.170 Life insurance trusts, naming of trustee as beneficiary in will 48.18.452 Living 70.122.010, 70.122.020, 70.122.030, 70.122.040, 70.122.051, 70.122.060, 70.122.070, 70.122.080, 70.122.090, 70.122.100, 70.122.120, 70.122.130, 70.122.140, 70.122.900, 70.122.905 Lost or destroyed discovery of will, granting letters testamentary upon finding 11.28.150 replacement of recorded, filed, or probated wills 5.48.060 restraint of personal representatives of previous will 11.20.080 Lost or destroyed will, proof of 11.20.070 Marriage dissolution or invalidity of marriage or domestic partnership, effect on will provisions 11.12.051 Minors capacity to make 11.12.010 Minors, transfers to Ch. 11.114 Mortgages devisee takes subject to 11.12.070 does not affect a revocation 11.12.070 Natural death act Ch. 70.122 Nonintervention, settlement without administration, See PROBATE, subtitle Settlement without administration Nuncupative wills proof 11.12.025 real estate cannot be devised by 11.12.025 requisites 11.12.025 Omitted child 11.12.091 Omitted spouse or domestic partner 11.12.095 Personal property separate writing may direct disposition 11.12.260 Powers of appointment, when releasable 11.95.010 Probate of application for 11.20.020 bond, when not required 11.28.185 contest of admission or rejection annulment of will 11.24.040 burden of proof 11.24.030 costs assessment of 11.24.050 attorneys’ fees as part of 11.24.050 petition for 11.24.010, 11.24.020 revocation of probate 11.24.040 time limits for 11.24.010 delivery by custodian on death of testator, civil damages for failure 11.20.010 executors and administrators delivery of will by executor civil damages for failure 11.20.010 penalty for failure 11.20.010 (2008 Ed.) WITNESSES lost or destroyed will, restraint of executor or administrator of previous will 11.20.080 filing 11.20.050 foreign wills admission, proof 11.20.020 laws applicable to 11.20.100 hearing, time for 11.20.020 lost or destroyed restraint of personal representatives of previous will 11.20.080 order of decree 11.20.020 personal representatives, lost or destroyed will, restraint of executor or administrator of previous will 11.20.080 production by custodian on death of testator, civil damages for failure 11.20.010 recording 11.20.050 record as evidence 11.20.060 testimony, record of 11.20.020 witnesses absence of, proof of will 11.20.040 incompetency, inability or absence from state of witnesses, proof of will 11.20.040 insane, deceased, in service, or missing in action, etc., proof 11.20.040 not able to attend, certification of attestation 11.20.030 Proof of lost or destroyed will 11.20.070 Real property estates acquired after will made, exception 11.12.190 life estates 11.12.180 nuncupative will, cannot be devised by 11.12.025 what passes 11.12.170 Remainders and reversions future distribution or interest to heirs 11.12.180 Requisites 11.12.020 Revival of 11.12.080 Revocation 11.12.040 conveyance, agreement to convey bequeathed property does not revoke will 11.12.060 dissolution or invalidity of marriage or domestic partnership 11.12.051 encumbrance does not revoke will 11.12.070 partial revocation 11.12.040 revival of prior will 11.12.080 testamentary trusts 11.12.250 Revocation of probate 11.24.040 Rule in Shelley’s case abolished 11.12.180 Sales of estate property, procedure when directed by will 11.56.250 Separate writing may direct disposition of personal property 11.12.260 Signing for testator or testatrix, requisites for validity 11.12.030 Superior courts, records to be kept 36.23.030 Testamentary disposition of nonprobate assets Ch. 11.11 Testamentary trusts rule against perpetuities 11.98.160 validity 11.12.250 Transfer on death security registration transfer is not testamentary but effective by reason of contract between owner of security and registering entity 21.35.045 Trusts, gifts to, validity 11.12.250 Validation by special law, prohibited Const. Art. 2 § 28 Validity, requisites 11.12.020 Who may make 11.12.010 Witnesses to will devisee or legatee as, effect 11.12.160 interested witness 11.12.160 not able to attend, certification of attestation 11.20.030 Writings incorporation by reference 11.12.255 separate writing may direct disposition of personal property 11.12.260 separate writing may direct disposition of personal property 11.12.260 (2008 Ed.) WINE AND WINERIES (See also ALCOHOLIC BEVERAGES) Assessments procedures 66.24.215 Cider, tax imposed 66.24.210 Commission merchant requirements exemption from 20.01.030 Courses of instruction authorized 66.28.150 Definitions 66.04.010 Distributors conduct, responsibility of 66.28.030 sale of nonliquor food and food ingredients 66.28.190 Distributors and suppliers of wine and malt beverages, equity agreement Ch. 19.126 Educational or consumer product information on retail premises 66.28.155 Exemptions from liquor law Ch. 66.12 Family wine or beer, removal from home for exhibition or use at tastings or competitions 66.28.140 Farmers markets, sales at 66.24.170 Fortified wine, sales 66.16.100 Giving away wine prohibited, exceptions 66.28.040 Home manufacture and use exemptions from liquor law 66.12.010 removal from home for exhibition or use at wine or beer tastings or competitions 66.28.140 Importers licenses 66.24.203 Labels on wines 66.28.110 Licenses beer and wine gift delivery license 66.24.550 beer and/or wine restaurant license 66.24.320 bonded wine warehouse storage 66.24.185 combined license, for sale of beer and wine for consumption on or off premises 66.24.354 distributors 66.24.200 distributors and/or retailers of own wine 66.24.170 domestic wineries 66.24.170 grocery store license and restricted grocery store license 66.24.360 grower’s license 66.24.520 importers 66.24.203 nonprofit organizations, special occasion license for sales at specific event 66.24.375, 66.24.380 private club beer and wine license 66.24.452 specialty shop license, samples 66.24.371 tavern license 66.24.330 Manufacturers, out-of-state certificates of approval 66.24.206 Minors employees eighteen to twenty-one, handling of beer and wine on nonretail premises 66.44.318 Monthly reports 66.24.230 Out-of-state certificates of approval 66.24.206 Price discrimination to purchaser for resale prohibited 66.28.170 Price modification without prior approval prohibited 66.28.180 Prices, posting and filing requirements 66.28.180 Public house license 66.24.580 Public nuisance, as 7.48.140 Purchase restrictions 66.28.070 Sacramental liquor or wine, exemptions 66.20.020 Sales tax on alcoholic beverages 82.08.150, 82.08.160 Seized wine, purchase restrictions 66.28.070 Serving to walking or standing patron permitted 66.28.130 State liquor stores, sale to licensed retailers 66.16.050 Taxation of wines 66.24.210 refunds on unsalable products 66.24.305 Violations, enforcement, and penalties Ch. 66.44 Wine commission Ch. 15.88 Wine grape industry, instruction administration 28B.30.067, 28B.30.068 Wineries direct sale of wine to consumer 66.20.360, 66.20.365, 66.20.370, 66.20.375, 66.20.380, 66.20.385, 66.20.390 sales at retail on premises 66.28.010 WINE COMMISSION Assessments 15.88.110, 15.88.130, 15.88.140, 15.88.150, 15.88.160 procedures 66.24.215 Compliance with liquor laws 66.44.800 Composition 15.88.030 Comprehensive scheme 15.88.025 Definitions 15.88.020 Donations to and use of wine 66.12.180 Funding staff support 15.88.180 Liability and obligations of members and employees 15.88.060 Liquor revolving fund initial disbursement and repayment 66.08.230 Members appointment, travel expenses 15.88.050 designation 15.88.040 voting 15.88.100 Plans, programs, projects approval and oversight 15.88.073, 15.88.075 Powers and duties 15.88.070 Promotional activities liquor license, bond, or permit not required 66.12.180 Purchases of wine 66.12.180 Records, public disclosure exemption 15.88.170 Research, promotional, and educational campaign 15.88.080, 15.88.090 Tax revenue 66.24.210 Trade promotion and development expenditures 15.04.200 Vinifera grape growers assessments 15.88.130, 15.88.140, 15.88.150, 15.88.160 list of growers 15.88.120 reporting system 15.88.120 WINTER SPORTS (See ATHLETICS AND SPORTS; PARKS AND RECREATION) WIRE TAPS (See also COMMUNICATIONS, subtitle Telephone) Crimes intercepting private conversations 9.73.030 Hostage or barricaded person situation telecommunications may be intercepted 9.73.030 WISHA (See INDUSTRIAL SAFETY AND HEALTH) WITNESSES Accused, right to confront Const. Art. 1 § 22 Attachment of to compel testimony and attendance 5.56.070, 5.56.080 Attorneys at law, grand jury criminal investigations, entitled to 10.27.080 Bribery bribe receiving by a witness 9A.72.100 definition and elements 9A.72.090 witness not excused on ground of selfincrimination 9.18.080, Const. Art. 2 § 30 Child victims and witnesses definitions 7.69A.020 legislative intent 7.69A.010 rights enumeration of 7.69A.030 notice of failure to give, liability 7.69A.040 testimony by closed circuit television 9A.44.150 Civil actions fees 5.56.010 demandable in advance 2.40.020 mileage 5.56.010 demandable in advance 2.40.020 Compelling attendance [RCW Index—page 809] WITNESSES attachment 5.56.070, 5.56.080 district court civil action 12.16.030, 12.16.040 attendance may be compelled 5.56.010 attendance not required, when 5.56.010 attendance required, when 5.56.010 court commissioners’ power to compel 2.24.040 district court 12.16.015 failure to attend contempt 5.56.061 liability 5.56.060 district court civil action 12.16.050 judge can compel 2.28.060 labor and industries director, power to compel 43.22.300 legislative hearings and inquiries 44.16.070 failure to attend, contempt 44.16.130 persons before judicial officer required to testify 5.56.050 persons in court required to testify 5.56.050 police pension board of trustees, attendance at meetings 41.20.040 power of court to compel 2.28.010 prepayment or tender of fees, meals, lodging, and travel allowances 5.56.010 prisoners 5.56.090 referee’s power to compel 4.48.060 residence effect on 5.56.010 subpoenas service, how and by whom served district court civil action 12.16.020 traveling allowance, prepayment or tender of 5.56.010 uniform act to secure attendance of witnesses from without a state in criminal proceedings 10.55.010, 10.55.020, 10.55.060, 10.55.100 Compelling testimony attachment, by 5.56.080 attachment of witness 5.56.070 Competency dead man’s statute 5.60.030 executors and administrators 5.60.030 guardian or limited guardian 5.60.030 interested person 5.60.030 intoxication 5.60.050 legal representative 5.60.030 mentally ill 5.60.050 religious belief not grounds for challenge Const. Art. 1 § 11 unsound mind 5.60.050 who may testify 5.60.020 Confrontation, right of accused to 10.52.060, Const. Art. 1 § 22 Contempt, by attachment to answer for 5.56.070, 5.56.080 failure to attend 5.56.061 legislative hearings and inquiries 44.16.130, 44.16.140, 44.16.150, 44.16.160 Convenience of as ground for change of venue 4.12.030 Coroner’s inquests, subpoenas for 36.24.050 Counties county liability for payment 36.01.060 Courts martial 38.36.120 Credibility interested person 5.60.030 Crimes construction of chapter 7.69.050 criminal gang member, protection for testifying against 7.69.035 definitions 7.69.020 intent 7.69.010 rights enumerated 7.69.030 Criminal investigations grand jury immunity from prosecution 10.27.130 perjury 10.27.130 special inquiry judge immunity from prosecution 10.27.130 perjury 10.27.130 Criminal proceedings [RCW Index—page 810] accused confrontation of witness, right to 10.52.060, Const. Art. 1 § 22 depositions of witnesses, when permitted 10.52.060 may testify in own behalf 10.52.040 not compelled to testify 10.52.040 bail 10.16.145, 10.16.160 compelling attendance accused right to compel attendance of witnesses in own behalf Const. Art. 1 § 22 right to testify Const. Art. 1 § 22 accused cannot be compelled to testify 10.52.040 criminal prosecution 10.52.040 detaining in custody to testify 10.52.040 grand jury 10.52.040 out-of-state witnesses, uniform act 10.55.020 hearing on materiality 10.52.040 out-of-state witnesses, summoning to testify in this state, uniform act 10.55.020 recognizance of witnesses 10.52.040 right to counsel, appointment when indigent 10.52.040 uniform act to secure attendance of witnesses from without a state in criminal proceedings 10.55.020 witness fees, lodging and food 10.52.040 compulsory process of witnesses afforded defendant Const. Art. 1 § 22 confrontation of witnesses, right of accused to 10.52.060, Const. Art. 1 § 22 depositions of witnesses, when permitted 10.52.060 expenses and per diem out-of-state witnesses testifying in this state 10.55.060 summoned to testify out of this state 10.55.020 fees mileage allowances, verification under oath 10.01.140 reporting attendance to clerk 10.01.130 immunity from prosecution, witness not excused on grounds of self-incrimination if given 10.52.090 immunity of witness summoned to testify out of state or out-of-state witness summoned to testify in this state 10.55.020 mental condition of defendant experts or professional persons as witnesses 10.77.100 out-of-state witness summoning to testify in this state, uniform act 10.55.020 perjury, self-incriminating testimony, immunity from prosecution not applicable to 10.52.090 preliminary hearings depositions of witnesses 10.16.160 service of process immunity of witness summoned to testify out of state or out-of-state witness summoned to testify in this state 10.55.020 summoning witness in this state to testify in another state, uniform act 10.55.020 Dead man’s statute 5.60.030 Dead witness, transcript of testimony as evidence 2.32.250 Death sentences designation of witnesses to execution, procedure 10.95.185 Demonstration of any kind in or near residence of, obstructing justice by, penalty 9.27.015 Dependent persons—crime victims and witnesses Ch. 7.69B District courts compelling attendance 12.16.015 District judges compelling attendance attachment 12.16.030, 12.16.040 failure to attend, liability and damages 12.16.050 subpoenas, service, how and by whom served 12.16.020 failure to attend, liability for damages 12.16.050 fees, demandable in advance in civil actions 12.16.030, 12.16.050 mileage, demandable in advance in civil actions 12.16.030, 12.16.050 parties examination in own behalf 12.16.090 may be examined as witness 12.16.060 rebuttal of testimony 12.16.070 refusal to testify, procedure 12.16.080 subpoenas service, how and by whom served 12.16.020 Executors and administrators 5.60.030 Expert witnesses air space corridor, award of fees on abandonment or defeat of condemnation proceedings 8.25.073 eminent domain proceedings award of fees to condemnee 8.25.070 award of fees to condemnee or plaintiff 8.25.075 Failure to attend, damages, district court civil action 12.16.050 Fees air space corridor, award on abandonment or defeat of condemnation proceedings 8.25.073 amount 2.40.010 attachment of witnesses to obtain testimony 5.56.080 attorney of record not entitled to if a witness 2.40.040 civil actions demandable in advance district court 12.16.030, 12.16.050 prepayment of when compelling attendance 5.56.010 district court 12.16.030 civil actions demandable in advance 2.40.020 cost bill may include 4.84.090 costs on postponement of trial 4.84.100 courts martial 38.36.120 criminal cases mileage allowances, verification under oath necessary 10.01.140 reporting attendance to clerk necessary for payment 10.01.130 demandable in advance 2.40.020, 5.56.010 district court 12.16.030, 12.16.050 disbursement, as 4.84.090 eminent domain proceedings award to condemnee 8.25.070 award to condemnee or plaintiff 8.25.075 legislative hearings and inquiries 44.16.110 military court 38.36.120 municipal court 35.20.260 prepayment of when compelling attendance 5.56.010 district court civil action 12.16.030 salaried officers not to receive, exceptions 42.16.020 utilities and transportation commission witnesses 80.04.040, 81.04.040 Grand jury criminal investigations 10.27.070 attorney at law, entitled to 10.27.080 right to counsel 10.27.120 self-incrimination 10.27.120 subpoena 10.27.140 Guardian or limited guardian 5.60.030 Habeas corpus proceedings compelling attendance of witnesses 7.36.170 recognizing of by court 7.36.150 summons of prosecuting witness 7.36.150 Human rights commission, powers in regard to 49.60.140, 49.60.150, 49.60.160, 49.60.170 Immunity from prosecution criminal investigations (2008 Ed.) WOOD STOVES grand jury 10.27.130 perjury 10.27.130 special inquiry judge 10.27.130 perjury 10.27.130 out-of-state witness summoned to testify, uniform act 10.55.020 perjury prosecution, immunity from prosecution not applicable to selfincriminating testimony 10.52.090 supplemental proceedings, compelling testimony 6.32.200 testimony against self not compulsory Const. Art. 1 § 9 witness not excused on grounds of selfincrimination if given immunity from prosecution 10.52.090 Immunity from prosecution, See also WITNESSES, subtitle Self-incrimination Industrial welfare issues, protection 49.12.130 Insurance investigations and examinations, powers in regard to 43.08.080, 48.03.070 Interested person, competency 5.60.030 Intimidating a witness definition and elements 9A.72.110 Intoxicated person, competency 5.60.050 Jurisdiction, witnesses without jurisdiction, transcripts of testimony as evidence 2.32.250 Labor and industries department compelling attendance 43.22.300 refusing to attend to testify, penalty 43.22.300 Legal representative 5.60.030 Legislative budget committee, See LEGISLATIVE BUDGET COMMITTEE, subtitle Witnesses Legislature, before, refusing to attend and answer when summoned, penalty 9.55.020 Material witnesses, fees, lodging 10.52.040 Meals and lodging allowance, prepayment or tender of 5.56.010 Mentally ill, competency 5.60.050 Mileage amount 2.40.010 criminal cases, verification under oath necessary for payment 10.01.140 demandable in advance in civil actions 2.40.020, 5.56.010 district court 12.16.030, 12.16.050 legislative hearings and inquiries 44.16.110 travel expenses in lieu of 2.40.030 utilities and transportation commission witnesses 80.04.040, 81.04.040 Minors guardian or limited guardian as if ward under fourteen years 5.60.030 recognizance 10.16.150 Motion for new trial on ground of newly discovered evidence, affidavit requirements as to witnesses 4.76.070 Municipal courts, fees 35.20.260 Nuisances, trial of contempt for violation of injunction 7.48.080 Nurses privileged communications 5.62.010 Oaths, administering of, form 5.28.020 Out-of-state witnesses procedure 10.55.060 testifying in this state, exemption from arrest and service of process 10.55.100 uniform act 10.55.020 definition 10.55.010 Parties examination in own behalf, district court civil action 12.16.090 may be examined as witness district court civil action 12.16.060 rebuttal of testimony, district court civil action 12.16.070 refusal to testify, procedure, district court civil action 12.16.080 Per diem and expenses, payment by county 36.01.060 Perjury, See PERJURY (2008 Ed.) Persons before judicial officer required to testify 5.56.050 Persons in court required to testify 5.56.050 Picketing or parading in or near residence of, obstructing justice by, penalty 9.27.015 Prisoners, testimony obtained, how 5.56.090 Privileged communications 5.60.060 Privileged communications, See also PRIVILEGED COMMUNICATIONS Referee’s power to compel attendance of 4.48.060 Registered nurses privileged communications 5.62.020, 5.62.030 Religious belief not ground of incompetency Const. Art. 1 § 11 Residence of demonstration of any kind in or near, obstructing justice by, penalty 9.27.015 picketing or parading in or near, obstructing justice by, penalty 9.27.015 use of sound-truck or similar device in or near, obstructing justice by, penalty 9.27.015 Right to counsel special inquiry judge, criminal investigations 10.27.120 Right to interrogate witness respecting religion denied Const. Art. 1 § 11 Right to make competency dependent upon religion denied Const. Art. 1 § 11 Self-incrimination bribery, not excused on ground of 9.18.080 grand jury, criminal investigations 10.27.120 privilege against exception, bribery Const. Art. 2 § 30 grand jury, criminal investigations 10.27.120 special inquiry judge, criminal investigations 10.27.120 testimony against self not compulsory Const. Art. 1 § 9 utilities and transportation commission witnesses 80.04.050, 81.04.050 Self-incrimination, See also SELFINCRIMINATION Sexual offenses duty of witness to report attempts and offenses 9.69.100 Special inquiry judge, criminal investigations 10.27.140 duty of public attorney, petition for order to compel witness’ attendance 10.27.170 right to counsel 10.27.120 self-incrimination 10.27.120 Statewide special inquiry judge disclosure of information, prohibited 10.29.060 Subpoenas accused, right to compulsory process Const. Art. 1 § 22 failure to attend 5.56.061 legislative hearings 44.16.010 prepayment or tender of fee 5.56.010 savings and loan associations, power of director of financial institutions to compel witness to attend and testify 33.04.030 service, how and by whom served district court civil action 12.16.020 witness residing outside county, allowance for meals, lodging and travel endorsed on, tender 5.56.010 Supplemental proceedings examination of witnesses answers required 6.32.200 immunity if compelled to answer 6.32.200 fees of witnesses as costs 6.32.160 oaths of witnesses 6.32.050 parties as witnesses 6.32.050 Tampering with a witness definition and elements 9A.72.120 Transcript of testimony evidence in civil actions, as 2.32.250 witness outside the jurisdiction 2.32.250 Travel expenses in lieu of mileage 2.40.030 prepayment or tender of 5.56.010 Treason, number necessary for conviction Const. Art. 1 § 27 Unsound mind, competency 5.60.050 Use of sound-truck or similar device in or near residence of, obstructing justice by, penalty 9.27.015 Violent offenses duty of witnesses to report 9.69.100 Who may testify 5.60.020 Wills incompetency, inability to testify, or absence from state of witness, proof of will 11.20.040 insane, deceased, in service, missing in action, etc., proof 11.20.040 interested witness 11.12.160 not able to attend probate hearing, certification of attestation 11.20.030 Without the jurisdiction, transcripts of testimony as evidence 2.32.250 WOMEN Abortion right to have 9.02.110 state-provided benefits, services, or information availability 9.02.160 Action for seduction of child or ward 4.24.020 Breast feeding, workplace policies 43.70.640 Cities and towns, jails or prisons, separate quarters 35.66.050 Contracts, wife’s separate property 26.16.020 Correctional facilities, See CORRECTIONAL FACILITIES Displaced homemaker program, See DISPLACED HOMEMAKER PROGRAM Drug-affected and alcohol-affected mothers and infants comprehensive services development and expansion of 13.34.390 Employment generally Ch. 49.12 open to women on equal basis with men 49.12.200 Employment, See also LABOR, subtitle Women and minors Health care services, duties of insurance carriers 48.42.100 History consortium board of advisors 27.34.365, 27.34.370 created, managing agency 27.34.360 report to legislature 27.34.380 responsibilities 27.34.375 Labor regulations, generally Ch. 49.12 Math, engineering and science achievement program, See MATH AND SCIENCE Minority and women’s business enterprises, See PUBLIC WORKS, subtitle Minority and women’s business enterprises, office of Postpartum depression information, outreach campaign 43.121.160 Wages discrimination due to sex 49.12.175 WOOD STOVES (See also SOLID FUEL BURNING DEVICES) Burning violations condominium owners’ or residents’ associations not liable for acts of individual residents 70.94.475 Definitions 70.94.453 Education program 70.94.480 account created, fee imposed on sales 70.94.483 Emissions findings 70.94.488 work group 70.94.505 Heating, burning wood for heat, limitations 70.94.473 Policy 70.94.450 Sale of unapproved wood stoves prohibited 70.94.460 [RCW Index—page 811] WORK advertising media, application of law 70.94.467 penalty 70.94.463 Solid fuel, limitations on use 70.94.477 WORK Agricultural workers information and training on hazardous chemicals 49.70.115 Dislocated worker defined 50.04.075 forest products workers emergency mortgage and rental assistance program duties of department of community, trade, and economic development 43.63A.640 eligibility 43.63A.630 emergency mortgage assistance, guidelines 43.63A.610 emergency rental assistance, guidelines 43.63A.620 rural natural resources workers environmental and forest restoration Ch. 43.21J training 50.22.150 training, unemployment compensation 50.20.042, 50.20.043 On-the-job training employer qualifications 50.12.240 Trade secret exemptions regarding hazardous substances 49.70.165 Worker and community right to know civil actions authorized 49.70.150 compliance with chapter, fines 49.70.190 definitions 49.70.020 discharge or discipline of employee prohibited 49.70.110 discrimination statutes apply 49.70.110 educational brochures and public service announcements 49.70.140 foreign language translations of written materials 49.70.105 industrial safety and health act applies 49.70.180 information requests, employer confidentiality 49.70.160 injunctive relief 49.70.190 legislative findings 49.70.010 trade secret exemptions 49.70.165 workplace survey request 49.70.100 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 Worker retraining program funds, use 28C.04.390 WORK FORCE TRAINING AND EDUCATION (See also COMMUNITY AND TECHNICAL COLLEGES, subtitle Vocational education) Comprehensive plan for training and development of state work force 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110 Coordinating board complaints against private vocational schools investigative and remedial powers of board 28C.10.120 private vocational schools, powers and duties 28C.10.040 Definitions 28C.18.010 Work force training customer advisory committee 28C.04.390 Worker retraining program funds, use 28C.04.390 WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD Adult education, Washington advisory council on board to monitor continuing need for council, duties 28B.50.254 creation, membership, duties 28B.50.254 Board for community and technical colleges [RCW Index—page 812] college board’s duty to cooperate 28B.50.096 Comprehensive plan for training and development of state work force 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110 Created 28C.18.020 Designation for federal purposes 28C.18.050 Director’s duties 28C.18.040 Duties 28C.18.060 Electronically distributed learning 28C.18.132 Employer workplace-based educational programs with distance learning components 28C.18.134 Employment security, department of commissioner to cooperate with board 50.12.245 Federal and private funds, receipt 28C.18.138 Health care personnel, strategic plan for supply of 28C.18.120 Industry skill panels 28C.18.130, 28C.18.140 Membership 28C.18.020 Monitoring of plans for consistency 28C.18.050 Purpose 28C.18.030 Superintendent of public instruction cooperation 28A.300.220 Vocational and academic education, development of model curriculum 28A.300.235 Washington award for vocational excellence, duties 28C.04.530, 28C.04.535, 28C.04.540 WORK RELEASE (See PRISONS AND PRISONERS) WORKER AND COMMUNITY RIGHT TO KNOW Agricultural workers information and training on hazardous chemicals 49.70.115 recordkeeping requirements 49.70.119 Civil actions authorized 49.70.150 Compliance with chapter, fines 49.70.190 Consumer products 49.70.210 Definitions 49.70.020 Discharge or discipline of employee prohibited 49.70.110 Discrimination statutes apply 49.70.110 Educational brochures and public service announcements 49.70.140 Foreign language translations of written materials 49.70.105 Industrial safety and health act applies 49.70.180 Information requests, employer confidentiality 49.70.160 Injunctive relief 49.70.190 Legislative findings 49.70.010 Material safety data sheet 49.70.100 Trade secret exemptions regarding hazardous substances 49.70.165 Worker and community right to know fund assessments 49.70.170 disbursements 49.70.175 penalties 49.70.177 Workplace survey request 49.70.100 WORKERS’ COMPENSATION (See INDUSTRIAL INSURANCE) WORKFIRST (See also PUBLIC ASSISTANCE) Community service program 74.08A.330 Contracts 74.08A.280, 74.08A.290 Diversion program 74.08A.210 Earned income cutoffs 74.08A.230 Earnings disregards 74.08A.230 Effectiveness study by legislative audit and review committee 44.28.155 Electronic benefit transfer 74.08A.020 Emergency assistance 74.08A.210 Employability screening 74.08A.275 Failure to participate, good cause 74.08A.270 Food stamps work requirements 74.08A.060 Funding restrictions 74.08A.340 Goals, implementation 74.08A.280 Immigrants 74.08A.120 eligibility 74.08A.100, 74.08A.110 naturalization facilitation 74.08A.130 Indian tribes program access 74.08A.040 tribal program 74.08A.050 Individual development accounts 74.08A.220 Individual responsibility plan 74.08A.260 Job opportunities for welfare recipients, questionnaire 74.08A.350 Job search instruction and assistance 74.08A.285 Noncustodial parents in work programs 74.08A.240 Outcome measures for program evaluation 74.08A.400, 74.08A.410, 74.08A.420, 74.08A.430 Placement bonuses 74.08A.300 Records data-sharing by department of social and health services, confidentiality 43.20A.080 Refusal to work 74.08A.260 Religiously affiliated organizations as service providers 74.08A.030 Self-employment assistance 74.08A.310 Teen parents education requirements 74.08A.380 Time limits 74.08A.010 Wage subsidy program 74.08A.320 Work activity definition 74.08A.250 WORK-STUDY PROGRAM State work-study program Ch. 28B.12 WORLD FAIRS OR EXPOSITIONS Cities and towns participation authority for 35.60.030 bond, issuance of 35.60.040 facilities cooperation in construction 35.60.060 use of after fairs or expositions 35.60.060 intergovernmental disposition of property 35.60.060 intermunicipality cooperation 35.60.060 municipality defined 35.60.010 powers appropriation of funds 35.60.050 levy of taxes 35.60.050 public purpose and necessity 35.60.020 Counties, participation, money for 36.37.040 Port districts, participation 53.08.250 World fair commission civil service exemptions 41.06.085 WORLD WAR II Civil liberties public education program Japanese Americans, World War II internment 28A.300.390, 28A.300.395, 28A.300.400, 28A.300.405, 28A.300.410, 28A.300.412, 28A.300.415 Holocaust instruction encouraged in high school curriculum 28A.300.115 Oral history project 28A.300.370 WORSHIP (See RELIGION) WRECKERS (See MOTOR VEHICLES, subtitle Motor vehicle wreckers) WRECKING YARDS Junkyards adjacent to highways abatement 47.41.070 acquisition of property by department 47.41.040 definitions 47.41.020 legislative declaration 47.41.010 other laws not affected 47.41.060 prohibited, exceptions 47.41.030 public nuisances abatement 47.41.070 nonconforming 47.41.010 regulations 47.41.050 review 47.41.050 screening 47.41.040 United States secretary of transportation, agreements with 47.41.080 violations, penalty 47.41.070 (2008 Ed.) ZONES AND ZONING Metal property, stolen Ch. 19.290 WRECKS Common carriers, investigation 81.28.290 WRESTLING (See ATHLETICS AND SPORTS, subtitle Boxing, sparring, and wrestling) WRIT OF REVIEW Utilities and transportation commission orders, review of by superior court 80.04.170 WRITINGS (See RECORDS AND DOCUMENTS) WRITS Attachment, See ATTACHMENT Authentication by seal, how affixed 5.44.130 Bonds, state not required to furnish 4.92.080 Certiorari, See CERTIORARI Garnishment, See GARNISHMENT Habeas corpus, See HABEAS CORPUS Injunctions, See INJUNCTIONS Issuance and service on nonjudicial days Const. Art. 4 § 6 Jurisdiction superior courts Const. Art. 4 § 6 supreme court Const. Art. 4 § 4 Legal holidays hearing applications and issuance of certain writs on 2.28.100 issuance and service on Const. Art. 4 § 6 Mandamus, See MANDAMUS Power to issue, grant, supreme court Const. Art. 4§4 Prohibition, See PROHIBITION, WRIT OF Quo warranto, See QUO WARRANTO Restitution, See RESTITUTION Review, See CERTIORARI Service of domestic corporation without officer upon whom process can be served 4.28.090 nonjudicial days Const. Art. 4 § 6 sheriff’s fee 36.18.040 State not required to furnish bond 4.92.080 Superior courts, returnable to 2.04.010 Supreme court, jurisdiction as to 2.04.010 WRONGFUL DEATH Beneficiaries 4.20.020 Contributory negligence fault, defined 4.22.015 Death of tort feasor either simultaneous or after death of or injury to claimant’s person or property 4.20.046 Defense, engaged in a felony 4.24.420 Driving under the influence contributory fault, defense 5.40.060 Economic damages defined 4.56.250 Felony, defense 4.24.420 Joint and several liability contribution enforcement of 4.22.050 Noneconomic damages defined 4.56.250 Right of action 4.20.010 Settlement agreements, effect of 4.22.060 X-RAY TECHNICIANS (See RADIOLOGIC TECHNOLOGISTS) X-RAYS Shoe-fitting devices, prohibited uses 70.98.170 YACOLT BURN Designated forest rehabilitation area 76.14.020 YAKIMA COUNTY Boundaries, tracing of 36.04.390 Migrant labor housing project fee 70.114.010 Superior court judges, number of 2.08.063 Yakima river conservation area 79A.05.755, 79A.05.760, 79A.05.765, 79A.05.770, 79A.05.775, 79A.05.780, 79A.05.785, 79A.05.790, 79A.05.793, 79A.05.795 (2008 Ed.) YAKIMA RIVER Basin water rights definitions 90.38.010 trust water rights, acquisition 90.38.020 trust water rights program 90.38.040 water conservation projects, financial assistance 90.38.030 Yakima enhancement project 43.21A.470 YAKIMA VALLEY SCHOOL (See DEVELOPMENTAL DISABILITIES, PERSONS WITH, subtitle Residential habilitation centers) YIELD RIGHT OF WAY Stop and "yield right of way" signs on streets, roads and highways, generally 47.36.110 YOUTH COURTS Agreement 3.72.020 Creation, jurisdiction 3.72.010, 13.40.590, 13.40.600 Definitions 3.72.005 Disposition 13.40.630 Diversion agreements 13.40.080, 13.40.580 Fee 3.72.050 Purpose and limitations 3.72.030 School credit for participation 28A.320.520 Youth court programs 3.72.040 YOUTH DEVELOPMENT AND CONSERVATION CORPS Agreements with federal government 79A.05.535, 79A.05.540 Compensation and quarters 79A.05.515 Employment conditions 79A.05.520 Enrollment conditions 79A.05.530 Establishment and supervisory personnel 79A.05.505 Qualifications and enrollment 79A.05.510 Supplies, materials, and equipment 79A.05.525 YOUTH EMPLOYMENT AND CONSERVATION ACT (See UNEMPLOYMENT COMPENSATION, subtitle Youth employment and conservation act) YOUTH GANGS (See GANGS, subtitle Youth gangs) YOUTHBUILD PROGRAM Commissioner of employment security department, duties 50.72.030 Definitions 50.72.020 Education and employment training grants applicants, required information and evaluation reports 50.72.070 application contents, requirements 50.72.060 duties of commissioner of employment security department 50.72.030 eligible services and activities 50.72.040 Participation time limits and requirements 50.72.050 ZONES AND ZONING Accessory apartments incorporation of report recommendations into local government development and zoning regulations 43.63A.215 report to legislature on development and placement of accessory apartments 43.63A.215 Airports airport hazards contrary to public interest 14.12.020 definitions 14.12.010 regulations applicable to airport hazards 14.12.030 zoning regulations acquisition of air rights 14.12.220 administration of 14.12.180 adoption of 14.12.070 appeals from 14.12.190 board of adjustment 14.12.140 appeals 14.12.190 judicial review, when 14.12.200 comprehensive 14.12.050 enforcement of 14.12.210 judicial review, when 14.12.200 penalty for violation of 14.12.210 permits for new structures 14.12.110 requirements 14.12.090 variances 14.12.110 Amendment hearing examiner system 35.63.130 Appearance of fairness doctrine Ch. 42.36 Building permit applications required contents 19.27.095 Cities and towns amendment of zoning ordinance hearing examiner system 35.63.130 hearing examiner system 35.63.130 moratoria and interim zoning controls first class cities planning under charter subject to limitations on 35.22.690 limit placed on period for which moratorium or control adopted may be effective 35.63.200 public hearing required after adoption if not held before adoption 35.63.200 Cities and towns, restrictive 35.63.110 Code cities, See CITIES—OPTIONAL MUNICIPAL CODE, subtitle Planning and zoning Counties adjustment, board of appeals to notice of time and place 36.70.850 scope of authority 36.70.860 time limit 36.70.830 authority, generally 36.70.810 finality of action 36.70.890 orders, findings of fact 36.70.900 powers 36.70.810 quasi judicial powers 36.70.820 writs of appeal 36.70.890 amendment of zoning ordinance hearing examiner system 35.63.130 board of adjustment, See ZONES AND ZONING, subtitle Counties, adjustment, board of classification of unmapped areas 36.70.780 comprehensive plan, effect upon 36.70.720, 36.70.730 conditional uses appeals 36.70.890 authority of board of adjustment 36.70.810 time limits for 36.70.840 hearing examiner system 35.63.130 interim zoning by permit-granting agencies limitation on length 36.70.795 procedures and limitations, exceptions 36.70A.390 public hearing 36.70.795 interim zoning controls, limitations 36.32.580 ordinances and maps ordinances without maps 36.70.730 prerequisites for 36.70.720 procedural amendment 36.70.800 progressive adoption 36.70.740 prerequisites for 36.70.720 regulations types adoptable by county commissioners 36.70.750 uniformity 36.70.770 variances appeals 36.70.890 authority of board of adjustment 36.70.810 time limits for 36.70.840 zones establishing 36.70.760 interim 36.70.790 zoning adjustor appointment 36.70.220 creation of office 36.70.200 finality of action 36.70.880 orders, findings of fact 36.70.900 powers and duties 36.70.870 Flood control improvements, planning 86.15.220 Hearing examiner system 35.63.130 [RCW Index—page 813] ZOOS Land use real property damage due to governmental action claims, time limitations 64.40.030 definitions 64.40.010 relief provided 64.40.020 Local improvement assessment districts 35.44.030 Manufactured housing city regulations, definitions 35.63.160 housing communities, elimination 35.63.161, 35A.63.146, 36.70.493 review prohibitions 35A.63.145 Manufactured/mobile home landlord-tenant act zoning changes notify tenants 59.20.090 Moratoria and interim zoning controls first class cities planning under charter subject to limitations on 35.22.690 limit placed on period for which moratorium or control adopted may be effective 35.63.200 public hearing required after adoption if not held before adoption 35.63.200 Platting, subdivision and dedication of land, effect 58.17.170 Right of way donations for transportation improvements 35.21.880 State building code, local jurisdiction reserved 19.27.090 Unused highway land, application to lease of 47.12.120 Utility local improvement assessment districts 35.44.030 Water-sewer districts Ch. 57.16 ZOOS Management contracts, issuance by cities 35.64.010, 35.64.020 Park and recreation service areas administration 36.68.400 Sales and use tax 82.14.400 Zoo and aquarium advisory authority 36.01.180, 36.01.190 [RCW Index—page 814] (2008 Ed.)

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